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Title 30: Mineral Resources</TITLE>
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30</IDNO>

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<ECFRBRWS>
<AMDDATE>June 25, 2026
</AMDDATE>

<DIV1 N="1" NODE="30:1" TYPE="TITLE">

<HEAD>Title 30—Mineral Resources--Volume 1</HEAD>
<CFRTOC>
<PTHD>Part
</PTHD>
<CHAPTI>
<SUBJECT><E T="04">chapter i</E>—Mine Safety and Health Administration, Department of Labor
</SUBJECT>
<PG>1


</PG></CHAPTI></CFRTOC>

<DIV3 N="I" NODE="30:1.0.1" TYPE="CHAPTER">

<HEAD> CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR</HEAD>

<DIV4 N="A" NODE="30:1.0.1.1" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER A—OFFICIAL EMBLEM AND OMB CONTROL NUMBERS FOR RECORDKEEPING AND REPORTING


</HEAD>

<DIV5 N="1" NODE="30:1.0.1.1.1" TYPE="PART">
<HEAD>PART 1—MINE SAFETY AND HEALTH ADMINISTRATION; ESTABLISHMENT AND USE OF OFFICIAL EMBLEM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Sec. 508, Federal Coal Mine Health and Safety Act of 1969; sec. 301 of Title 5, United States Code; secs. 301(a) and 302(a), Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 95-164, 30 U.S.C. 961 and 951 and 29 U.S.C. 577a, 91 Stat. 1317 and 91 Stat. 1319; sec. 508, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 30 U.S.C. 957, 83 Stat. 803. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>39 FR 23997, June 28, 1974, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1.1" NODE="30:1.0.1.1.1.0.1.1" TYPE="SECTION">
<HEAD>§ 1.1   Official emblem.</HEAD>
<P>The following emblem is established and shall be used as the official emblem of the Mine Safety and Health Administration, except where use of the Departmental Seal is required: 
</P>
<img src="/graphics/ec22oc91.000.gif"/>
<CITA TYPE="N">[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 1.2" NODE="30:1.0.1.1.1.0.1.2" TYPE="SECTION">
<HEAD>§ 1.2   Description.</HEAD>
<P>The emblem of the Mine Safety and Health Administration is of contemporary design with the letters and acronym of the Administration delineated as MSHA appearing in large letters in the middle of the emblem. Above the letters and acronym appear the words “United States Department of Labor” and below the letters and acronym appear the words “Mine Safety and Health Administration.” 
</P>
<CITA TYPE="N">[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 1.3" NODE="30:1.0.1.1.1.0.1.3" TYPE="SECTION">
<HEAD>§ 1.3   Use of letters and acronym MSHA.</HEAD>
<P>The letters and acronym MSHA may be used and substituted for the words “Mine Safety and Health Administration” in correspondence, rules, regulations, and in certificates of approval, approval plates, labels, and markings prescribed by the Mine Safety and Health Administration to designate and denote equipment, devices, and apparatus approved as “permissible” and suitable for use in mines under the applicable parts of Chapter I of this title, and in such other documents, publications, and pamphlets, and on signs, clothing and uniforms, and offices of the Administration and at such times and locations as may be deemed appropriate by the Assistant Secretary of Labor for Mine Safety and Health. 
</P>
<CITA TYPE="N">[39 FR 23997, June 28, 1974, as amended at 43 FR 12312, Mar. 24, 1978]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="3" NODE="30:1.0.1.1.2" TYPE="PART">
<HEAD>PART 3—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957; 44 U.S.C. 3501-3520. 


</PSPACE></AUTH>

<DIV8 N="§ 3.1" NODE="30:1.0.1.1.2.0.1.1" TYPE="SECTION">
<HEAD>§ 3.1   OMB control numbers.</HEAD>
<P>The collection of information requirements in MSHA regulation sections in this chapter have been approved and assigned control numbers by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. Regulation sections in this chapter containing paperwork requirements and their respective OMB control numbers are displayed in the following table: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1—OMB Control Numbers
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">30 CFR Citation
</TH><TH class="gpotbl_colhed" scope="col">OMB Control No.
</TH></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="02">Subchapter B—Testing, Evaluation, and Approval of Mining Products</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6.10</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.3</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.4</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.6</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.7</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.23</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.27</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.28</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.29</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.30</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.43</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.46</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.47</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.48</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.49</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.51</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.63</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.69</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.71</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.83</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.90</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.97</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.105</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.108</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.303</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.306</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.309</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.311</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.403</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.407</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.408</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.409</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7.411</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">15.4</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">15.8</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18.6</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18.15</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18.53</TD><TD align="right" class="gpotbl_cell">1219-0066, -0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18.81</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18.82</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18.93</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18.94</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">19.3</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">19.13</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">20.3</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">20.14</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">22.4</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">22.8</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">22.11</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23.3</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23.7</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23.10</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23.12</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23.14</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">27.4</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">27.6</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">27.11</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28.10</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28.23</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28.25</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28.30</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28.31</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">33.6</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">33.12</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">35.6</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">35.10</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">35.12</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36.6</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36.12</TD><TD align="right" class="gpotbl_cell">1219-0066
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="02">Subchapter G—Filing and Other Administrative Requirements</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40.3</TD><TD align="right" class="gpotbl_cell">1219-0042
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40.4</TD><TD align="right" class="gpotbl_cell">1219-0042
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40.5</TD><TD align="right" class="gpotbl_cell">1219-0042
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">41.20</TD><TD align="right" class="gpotbl_cell">1219-0042
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">43.4</TD><TD align="right" class="gpotbl_cell">1219-0014
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">43.7</TD><TD align="right" class="gpotbl_cell">1219-0014
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">44.9</TD><TD align="right" class="gpotbl_cell">1219-0065
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">44.10</TD><TD align="right" class="gpotbl_cell">1219-0065
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">44.11</TD><TD align="right" class="gpotbl_cell">1219-0065
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">45.3</TD><TD align="right" class="gpotbl_cell">1219-0040
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">45.4</TD><TD align="right" class="gpotbl_cell">1219-0040
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="02">Subchapter H—Education and Training</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46.3</TD><TD align="right" class="gpotbl_cell">1219-0131
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46.5</TD><TD align="right" class="gpotbl_cell">1219-0131
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46.6</TD><TD align="right" class="gpotbl_cell">1219-0131
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46.7</TD><TD align="right" class="gpotbl_cell">1219-0131
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46.8</TD><TD align="right" class="gpotbl_cell">1219-0131
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46.9</TD><TD align="right" class="gpotbl_cell">1219-0131
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46.11</TD><TD align="right" class="gpotbl_cell">1219-0131
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47.31</TD><TD align="right" class="gpotbl_cell">1219-0133
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47.32</TD><TD align="right" class="gpotbl_cell">1219-0133
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47.32(a)(4)</TD><TD align="right" class="gpotbl_cell">1219-0133
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47.41</TD><TD align="right" class="gpotbl_cell">1219-0133
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47.51</TD><TD align="right" class="gpotbl_cell">1219-0133
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47.71</TD><TD align="right" class="gpotbl_cell">1219-0133
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47.73</TD><TD align="right" class="gpotbl_cell">1219-0133
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">48.3</TD><TD align="right" class="gpotbl_cell">1219-0009, -0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">48.9</TD><TD align="right" class="gpotbl_cell">1219-0009
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">48.23</TD><TD align="right" class="gpotbl_cell">1219-0009
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">48.29</TD><TD align="right" class="gpotbl_cell">1219-0009
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.2</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.3</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.4</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.6</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.7</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.8</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.9</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.12</TD><TD align="right" class="gpotbl_cell">1219-0144
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.16</TD><TD align="right" class="gpotbl_cell">1219-0144
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.18</TD><TD align="right" class="gpotbl_cell">1219-0144
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49.50</TD><TD align="right" class="gpotbl_cell">1219-0144
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="02">Subchapter I—Accidents, Injuries, Illnesses, Employment, and Production in Mines</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50.10</TD><TD align="right" class="gpotbl_cell">1219-0007, -0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50.11</TD><TD align="right" class="gpotbl_cell">1219-0007, -0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50.20</TD><TD align="right" class="gpotbl_cell">1219-0007
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50.30</TD><TD align="right" class="gpotbl_cell">1219-0007
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="02">Subchapter K—Metal and Nonmetal Mine Safety and Health</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.1000</TD><TD align="right" class="gpotbl_cell">1219-0042
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.3203(a)</TD><TD align="right" class="gpotbl_cell">1219-0121
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.5005</TD><TD align="right" class="gpotbl_cell">1219-0048
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.13015</TD><TD align="right" class="gpotbl_cell">1219-0089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.13030</TD><TD align="right" class="gpotbl_cell">1219-0089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.14100</TD><TD align="right" class="gpotbl_cell">1219-0089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.18002</TD><TD align="right" class="gpotbl_cell">1219-0089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.19022</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.19023</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.19057</TD><TD align="right" class="gpotbl_cell">1219-0049
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56.19121</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.1000</TD><TD align="right" class="gpotbl_cell">1219-0042
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.3203(a)</TD><TD align="right" class="gpotbl_cell">1219-0121
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.3461</TD><TD align="right" class="gpotbl_cell">1219-0097
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5005</TD><TD align="right" class="gpotbl_cell">1219-0048
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5037</TD><TD align="right" class="gpotbl_cell">1219-0003
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5040</TD><TD align="right" class="gpotbl_cell">1219-0003
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5047</TD><TD align="right" class="gpotbl_cell">1219-0039
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5060</TD><TD align="right" class="gpotbl_cell">1219-0135
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5065</TD><TD align="right" class="gpotbl_cell">1219-0135
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5066</TD><TD align="right" class="gpotbl_cell">1219-0135
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5067</TD><TD align="right" class="gpotbl_cell">1219-0135
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5070</TD><TD align="right" class="gpotbl_cell">1219-0135
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5071</TD><TD align="right" class="gpotbl_cell">1219-0135
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.5075</TD><TD align="right" class="gpotbl_cell">1219-0135
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.8520</TD><TD align="right" class="gpotbl_cell">1219-0016
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.8525</TD><TD align="right" class="gpotbl_cell">1219-0016
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.11053</TD><TD align="right" class="gpotbl_cell">1219-0046
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.13015</TD><TD align="right" class="gpotbl_cell">1219-0089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.13030</TD><TD align="right" class="gpotbl_cell">1219-0089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.14100</TD><TD align="right" class="gpotbl_cell">1219-0089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.18002</TD><TD align="right" class="gpotbl_cell">1219-0089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.19022</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.19023</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.19057</TD><TD align="right" class="gpotbl_cell">1219-0049
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.19121</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.22004(c)</TD><TD align="right" class="gpotbl_cell">1219-0103
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.22204</TD><TD align="right" class="gpotbl_cell">1219-0030
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.22229</TD><TD align="right" class="gpotbl_cell">1219-0103
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.22230</TD><TD align="right" class="gpotbl_cell">1219-0103
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.22231</TD><TD align="right" class="gpotbl_cell">1219-0103
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.22239</TD><TD align="right" class="gpotbl_cell">1219-0103
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.22401</TD><TD align="right" class="gpotbl_cell">1219-0096
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57.22606</TD><TD align="right" class="gpotbl_cell">1219-0095
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="02">Subchapter M—Uniform Mine Health Regulations</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.110</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.130</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.170</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.171</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.172</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.173</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.174</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.175</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.180</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62.190</TD><TD align="right" class="gpotbl_cell">1219-0120
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="02">Subchapter O—Coal Mine Safety and Health</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.201(c)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.202(b)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.204</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.209</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.210</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.220</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.220(a)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.201(c)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.202(b)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.204</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.209</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.210</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.220</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.220(a)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.300</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.301</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.301(d)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.403</TD><TD align="right" class="gpotbl_cell">1219-0024
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.404</TD><TD align="right" class="gpotbl_cell">1219-0024
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">72.500</TD><TD align="right" class="gpotbl_cell">1219-0124
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">72.503</TD><TD align="right" class="gpotbl_cell">1219-0124
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">72.510</TD><TD align="right" class="gpotbl_cell">1219-0124
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">72.520</TD><TD align="right" class="gpotbl_cell">1219-0124
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.100</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.153(a)(2)</TD><TD align="right" class="gpotbl_cell">1219-0001
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.155</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.159</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.160</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.161</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.204(a)</TD><TD align="right" class="gpotbl_cell">1219-0121
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.215</TD><TD align="right" class="gpotbl_cell">1219-0004
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.220</TD><TD align="right" class="gpotbl_cell">1219-0004
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.221</TD><TD align="right" class="gpotbl_cell">1219-0004
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.222</TD><TD align="right" class="gpotbl_cell">1219-0004
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.223</TD><TD align="right" class="gpotbl_cell">1219-0004
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.310</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.312</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.335</TD><TD align="right" class="gpotbl_cell">1219-0142
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.336</TD><TD align="right" class="gpotbl_cell">1219-0142
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.337</TD><TD align="right" class="gpotbl_cell">1219-0142
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.338</TD><TD align="right" class="gpotbl_cell">1219-0142
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.342</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.350</TD><TD align="right" class="gpotbl_cell">1219-0138
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.351</TD><TD align="right" class="gpotbl_cell">1219-0088, -0116, -0138
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.352</TD><TD align="right" class="gpotbl_cell">1219-0138
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.360</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.361</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.362</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.363</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.364</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.370</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.371</TD><TD align="right" class="gpotbl_cell">1219-0088, -0138
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.372</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.373</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.382</TD><TD align="right" class="gpotbl_cell">1219-0088
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.512</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.703</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.703-3</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.800</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.800-4</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.820</TD><TD align="right" class="gpotbl_cell">1210-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.821</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.900</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.900-4</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1001-1</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1100-3</TD><TD align="right" class="gpotbl_cell">1219-0054
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1103-8</TD><TD align="right" class="gpotbl_cell">1219-0054
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1103-11</TD><TD align="right" class="gpotbl_cell">1219-0054
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1200</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1200-1</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1201</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1202</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1202-1</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1203</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1204</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1204-1</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1321</TD><TD align="right" class="gpotbl_cell">1219-0025
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1327</TD><TD align="right" class="gpotbl_cell">1219-0025
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1400-2</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1400-4</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1432</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1433</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1501</TD><TD align="right" class="gpotbl_cell">1219-0054
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1502</TD><TD align="right" class="gpotbl_cell">1219-0054, -0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1504</TD><TD align="right" class="gpotbl_cell">1219-0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1505</TD><TD align="right" class="gpotbl_cell">1219-0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1702</TD><TD align="right" class="gpotbl_cell">1219-0041
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1712-4</TD><TD align="right" class="gpotbl_cell">1219-0024
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1712-5</TD><TD align="right" class="gpotbl_cell">1219-0024
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1713-1</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1714-3</TD><TD align="right" class="gpotbl_cell">1219-0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1714-3(e)</TD><TD align="right" class="gpotbl_cell">1219-0044
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1714-4</TD><TD align="right" class="gpotbl_cell">1219-0044
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1714-5</TD><TD align="right" class="gpotbl_cell">1219-0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1714-8</TD><TD align="right" class="gpotbl_cell">1219-0141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1716</TD><TD align="right" class="gpotbl_cell">1219-0020
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1716-1</TD><TD align="right" class="gpotbl_cell">1219-0020
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1716-3</TD><TD align="right" class="gpotbl_cell">1219-0020
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1721</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1901</TD><TD align="right" class="gpotbl_cell">1219-0119
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1904</TD><TD align="right" class="gpotbl_cell">1219-0119
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1911</TD><TD align="right" class="gpotbl_cell">1219-0119
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1912</TD><TD align="right" class="gpotbl_cell">1219-0119
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1914</TD><TD align="right" class="gpotbl_cell">1219-0119
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75.1915</TD><TD align="right" class="gpotbl_cell">1219-0119, -0124
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.100</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.103(a)(2)</TD><TD align="right" class="gpotbl_cell">1219-0001
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.105</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.106</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.107</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.107-1</TD><TD align="right" class="gpotbl_cell">1219-0127
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.215</TD><TD align="right" class="gpotbl_cell">1219-0015
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.215-2</TD><TD align="right" class="gpotbl_cell">1219-0015
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.215-3</TD><TD align="right" class="gpotbl_cell">1219-0015
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.215-4</TD><TD align="right" class="gpotbl_cell">1219-0015
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.216-2</TD><TD align="right" class="gpotbl_cell">1219-0015
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.216-3</TD><TD align="right" class="gpotbl_cell">1219-0015
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.216-4</TD><TD align="right" class="gpotbl_cell">1219-0015
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.216-5</TD><TD align="right" class="gpotbl_cell">1219-0015
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.502</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.800</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.800-2</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.900</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.900-2</TD><TD align="right" class="gpotbl_cell">1219-0116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1000</TD><TD align="right" class="gpotbl_cell">1219-0026
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1000-1</TD><TD align="right" class="gpotbl_cell">1219-0026
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1101</TD><TD align="right" class="gpotbl_cell">1219-0051
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1200</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1201</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1202</TD><TD align="right" class="gpotbl_cell">1219-0073
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1404</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1432</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1433</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1702</TD><TD align="right" class="gpotbl_cell">1219-0078
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1713</TD><TD align="right" class="gpotbl_cell">1219-0083
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1900</TD><TD align="right" class="gpotbl_cell">1219-0019
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1901</TD><TD align="right" class="gpotbl_cell">1219-0082
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1906</TD><TD align="right" class="gpotbl_cell">1219-0034
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77.1909-1</TD><TD align="right" class="gpotbl_cell">1219-0025
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.201(c)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.202(b)</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.204</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.209</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.220</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.300</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.301</TD><TD align="right" class="gpotbl_cell">1219-0011
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.301(d)</TD><TD align="right" class="gpotbl_cell">1219-0011</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[73 FR 36790, June 30, 2008]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="B" NODE="30:1.0.1.2" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER B—TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS


</HEAD>

<DIV5 N="5" NODE="30:1.0.1.2.3" TYPE="PART">
<HEAD>PART 5—FEES FOR TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957.


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>80 FR 45056, July 29, 2015, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 5.10" NODE="30:1.0.1.2.3.0.1.1" TYPE="SECTION">
<HEAD>§ 5.10   Purpose and scope.</HEAD>
<P>This part establishes a system under which MSHA charges a fee for services provided. This part includes the management and calculation of fees for the approval program, which includes: Application processing, testing and evaluation, approval decisions, post-approval activities, and termination of approvals.


</P>
</DIV8>


<DIV8 N="§ 5.30" NODE="30:1.0.1.2.3.0.1.2" TYPE="SECTION">
<HEAD>§ 5.30   Fee calculation.</HEAD>
<P>(a) <I>Fee calculation.</I> MSHA charges a fee based on an hourly rate for Approval and Certification Center (A&amp;CC) approval program activities and other associated costs, such as travel expenses and part 15 fees. Part 15 fees for services provided to MSHA by other organizations may be set by those organizations.
</P>
<P>(b) <I>Hourly rate calculation.</I> The hourly rate consists of direct and indirect costs of the A&amp;CC's approval program divided by the number of direct hours worked on all approval program activities.
</P>
<P>(1) Direct costs are compensation and benefit costs for hours worked on approval program activities.
</P>
<P>(2) Indirect costs are a proportionate share of the following A&amp;CC costs:
</P>
<P>(i) Compensation and benefit hours worked in support of all A&amp;CC activities;
</P>
<P>(ii) A&amp;CC building and equipment depreciation costs;
</P>
<P>(iii) A&amp;CC utilities, facility and equipment maintenance, and supplies and materials; and
</P>
<P>(iv) Information Technology and other services the Department of Labor provides to the A&amp;CC.
</P>
<P>(c) <I>Fees are charged for</I>—
</P>
<P>(1) Application processing (<I>e.g.</I>, administrative and technical review of applications, computer tracking, and status reporting);
</P>
<P>(2) Testing and evaluation (<I>e.g.</I>, analysis of drawings, technical evaluation, testing, test set up and test tear down, and internal quality control activities);
</P>
<P>(3) Approval decisions (<I>e.g.</I>, consultation on applications, records control and security, document preparation); and
</P>
<P>(4) Two post-approval activities: changes to approvals and post-approval product audits.
</P>
<P>(d) <I>Fees are not charged for</I>—
</P>
<P>(1) Technical assistance not related to processing an approval application;
</P>
<P>(2) Technical programs, including development of new technology programs;
</P>
<P>(3) Participation in research conducted by other government agencies or private organizations; and
</P>
<P>(4) Regulatory review activities, including participation in the development of health and safety standards, regulations, and legislation.
</P>
<P>(e) <I>Fee estimate.</I> Except as provided in paragraphs (e)(1) and (2) of this section, on completion of an initial administrative review of the application, the A&amp;CC will prepare a maximum fee estimate for each application. A&amp;CC will begin the technical evaluation after the applicant authorizes the fee estimate.
</P>
<P>(1) The applicant may pre-authorize an expenditure for services, and may further choose to pre-authorize either a maximum dollar amount or an expenditure without a specified maximum amount.
</P>
<P>(i) All applications containing a pre-authorization statement will be put in the queue for the technical evaluation on completion of an initial administrative review.
</P>
<P>(ii) MSHA will concurrently prepare a maximum fee estimate for applications containing a statement pre-authorizing a maximum dollar amount, and will provide the applicant with this estimate.
</P>
<P>(2) Where MSHA's estimated maximum fee exceeds the pre-authorized maximum dollar amount, the applicant has the choice of cancelling the action and paying for all work done up to the time of the cancellation, or authorizing MSHA's estimate.
</P>
<P>(3) Under the Revised Acceptance Modification Program (RAMP), MSHA expedites applications for acceptance of minor changes to previously approved, certified, accepted, or evaluated products. The applicant must pre-authorize a fixed dollar amount, set by MSHA, for processing the application.
</P>
<P>(f) If unforeseen circumstances are discovered during the evaluation, and MSHA determines that these circumstances would result in the actual costs exceeding either the pre-authorized expenditure or the authorized maximum fee estimate, as appropriate, MSHA will prepare a revised maximum fee estimate for completing the evaluation. The applicant will have the option of either cancelling the action and paying for services rendered or authorizing MSHA's revised estimate, in which case MSHA will continue to test and evaluate the product.
</P>
<P>(g) If the actual cost of processing the application is less than MSHA's maximum fee estimate, MSHA will charge the actual cost.


</P>
</DIV8>


<DIV8 N="§ 5.40" NODE="30:1.0.1.2.3.0.1.3" TYPE="SECTION">
<HEAD>§ 5.40   Fee administration.</HEAD>
<P>Applicants and approval holders will be billed for all fees, including actual travel expenses, if any, when approval program activities are completed. Invoices will contain specific payment instruction, including the address to mail payments and authorized methods of payment.


</P>
</DIV8>


<DIV8 N="§ 5.50" NODE="30:1.0.1.2.3.0.1.4" TYPE="SECTION">
<HEAD>§ 5.50   Fee revisions.</HEAD>
<P>The hourly rate will remain in effect for at least one year and be subject to revision at least once every three years.


</P>
</DIV8>

</DIV5>


<DIV5 N="6" NODE="30:1.0.1.2.4" TYPE="PART">
<HEAD>PART 6—TESTING AND EVALUATION BY INDEPENDENT LABORATORIES AND NON-MSHA PRODUCT SAFETY STANDARDS 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>68 FR 36417, June 17, 2003, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 6.1" NODE="30:1.0.1.2.4.0.1.1" TYPE="SECTION">
<HEAD>§ 6.1   Purpose and effective date.</HEAD>
<P>This part sets out alternate requirements for testing and evaluation of products MSHA approves for use in gassy underground mines. It permits manufacturers of certain products who seek MSHA approval to use an independent laboratory to perform, in whole or part, the necessary testing and evaluation for approval. It also permits manufacturers to have their products approved based on non-MSHA product safety standards once MSHA has determined that the non-MSHA standards are equivalent to MSHA's applicable product approval requirements or can be modified to provide at least the same degree of protection as those MSHA requirements. The provisions of this part may be used by applicants for product approval under parts 18, 19, 20, 22, 23, 27, 33, 35, and 36. This rule is effective August 18, 2003. 


</P>
</DIV8>


<DIV8 N="§ 6.2" NODE="30:1.0.1.2.4.0.1.2" TYPE="SECTION">
<HEAD>§ 6.2   Definitions.</HEAD>
<P>The following definitions apply in this part. 
</P>
<P><I>Applicant.</I> An individual or organization that manufactures or controls the assembly of a product and applies to MSHA for approval of that product. 
</P>
<P><I>Approval.</I> A written document issued by MSHA which states that a product has met the applicable requirements of part 18, 19, 20, 22, 23, 27, 33, 35, or 36. The definition is based on the existing definitions of “approval” in the parts specified above. It is expanded to include “certification” and “acceptance” because these terms also are used to denote MSHA approval. 
</P>
<P><I>Approval holder.</I> An applicant whose application for approval of a product under part 18, 19, 20, 22, 23, 27, 33, 35 or 36 of this chapter has been approved by MSHA. 
</P>
<P><I>Equivalent non-MSHA product safety standards.</I> A non-MSHA product safety standard, or group of standards, determined by MSHA to provide at least the same degree of protection as the applicable MSHA product approval requirements in parts 14, 18, 19, 20, 22, 23, 27, 33, 35, and 36, or which in modified form provide at least the same degree of protection.
</P>
<P><I>Independent laboratory.</I> A laboratory that:
</P>
<P>(1) has been recognized by a laboratory accrediting organization to test and evaluate products to a product safety standard, and 
</P>
<P>(2) is free from commercial, financial, and other pressures that may influence the results of the testing and evaluation process. 
</P>
<P><I>Post-approval product audit.</I> The examination, testing, or both, by MSHA of approved products selected by MSHA to determine whether those products meet the applicable product approval requirements and have been manufactured as approved. 
</P>
<P><I>Product safety standard.</I> A document, or group of documents, that specifies the requirements for the testing and evaluation of a product for use in explosive gas and dust atmospheres, and, when appropriate, includes documents addressing the flammability properties of products. 
</P>
<CITA TYPE="N">[68 FR 36417, June 17, 2003, as amended at 73 FR 80609, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 6.10" NODE="30:1.0.1.2.4.0.1.3" TYPE="SECTION">
<HEAD>§ 6.10   Use of independent laboratories.</HEAD>
<P>(a) MSHA will accept testing and evaluation performed by an independent laboratory for purposes of MSHA product approval provided that MSHA receives as part of the application: 
</P>
<P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(3) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by the applicable part under this chapter. 
</P>
<P>(b) Product testing and evaluation performed by independent laboratories for purposes of MSHA approval must comply with the applicable MSHA product approval requirements. 
</P>
<P>(c) Product testing and evaluation must be conducted or witnessed by the laboratory's personnel. 
</P>
<P>(d) After review of the information required under paragraphs (a)(1) through (a)(4) of this section, MSHA will notify the applicant if additional information or testing is required. The applicant must provide this information, arrange any additional or repeat tests and notify MSHA of the location, date, and time of the test(s). MSHA may observe any additional testing conducted by an independent laboratory. Further, MSHA may decide to conduct the additional or repeated tests at the applicant's expense. The applicant must supply any additional components necessary for testing and evaluation. 
</P>
<P>(e) Upon request by MSHA, but not more than once a year, except for cause, approval holders of products approved based on independent laboratory testing and evaluation must make such products available for post-approval audit at a mutually agreeable site at no cost to MSHA. 
</P>
<P>(f) Once the product is approved, the approval holder must notify MSHA of all product defects of which they become aware. 


</P>
</DIV8>


<DIV8 N="§ 6.20" NODE="30:1.0.1.2.4.0.1.4" TYPE="SECTION">
<HEAD>§ 6.20   MSHA acceptance of equivalent non-MSHA product safety standards.</HEAD>
<P>(a) MSHA will accept non-MSHA product safety standards, or groups of standards, as equivalent after determining that they: 
</P>
<P>(1) Provide at least the same degree of protection as MSHA's product approval requirements in parts 14, 18, 19, 20, 33, 35 and 36 of this chapter; or 
</P>
<P>(2) Can be modified to provide at least the same degree of protection as those MSHA requirements. 
</P>
<P>(b) MSHA will publish its intent to review any non-MSHA product safety standard for equivalency in the <E T="04">Federal Register</E> for the purpose of soliciting public input. 
</P>
<P>(c) A listing of all equivalency determinations will be published in this part 6 and the applicable approval parts. The listing will state whether MSHA accepts the non-MSHA product safety standards in their original form, or whether MSHA will require modifications to demonstrate equivalency. If modifications are required, they will be provided in the listing. MSHA will notify the public of each equivalency determination and will publish a summary of the basis for its determination. MSHA will provide equivalency determination reports to the public upon request to the Approval and Certification Center. 
</P>
<P>(d) After MSHA has determined that non-MSHA product safety standards are equivalent and has notified the public of such determinations, applicants may seek MSHA product approval based on such non-MSHA product safety standards.
</P>
<CITA TYPE="N">[68 FR 36417, June 17, 2003, as amended at 73 FR 80609, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 6.30" NODE="30:1.0.1.2.4.0.1.5" TYPE="SECTION">
<HEAD>§ 6.30   MSHA listing of equivalent non-MSHA product safety standards.</HEAD>
<P>MSHA evaluated the following non-MSHA product safety standards and determined that they provide at least the same degree of protection as current MSHA requirements with or without modifications as indicated:
</P>
<P>(a) The International Electrotechnical Commission's (IEC) standards for Electrical Apparatus for Explosive Gas Atmospheres, Part 0, General Requirements (IEC 60079-0, Fourth Edition, 2004-01) and Part 1, Electrical Apparatus for Explosive Gas Atmospheres, Flameproof Enclosures “d” (IEC 60079-1, Fifth Edition, 2003-11) must be modified in order to provide at least the same degree of protection as MSHA explosion-proof enclosure requirements included in parts 7 and 18 of this chapter. Refer to §§ 7.10(c)(1) and 18.6(a)(3)(i) for a list of the required modifications. The IEC standards may be inspected at the U.S. Department of Labor, Mine Safety and Health Administration, Electrical Safety Division, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, and may be purchased from International Electrical Commission, Central Office 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland.
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[71 FR 28583, May 17, 2006, as amended at 73 FR 52210, Sept. 9, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="7" NODE="30:1.0.1.2.5" TYPE="PART">
<HEAD>PART 7—TESTING BY APPLICANT OR THIRD PARTY
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 23500, June 22, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.5.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 7.1" NODE="30:1.0.1.2.5.1.1.1" TYPE="SECTION">
<HEAD>§ 7.1   Purpose and scope.</HEAD>
<P>This part sets out requirements for MSHA approval of certain equipment and materials for use in underground mines whose product testing and evaluation does not involve subjective analysis. These requirements apply to products listed in the subparts following this Subpart A. After the dates specified in the following subparts, requests for approval of products shall be made in accordance with this Subpart A and the applicable subpart. 


</P>
</DIV8>


<DIV8 N="§ 7.2" NODE="30:1.0.1.2.5.1.1.2" TYPE="SECTION">
<HEAD>§ 7.2   Definitions.</HEAD>
<P>The following definitions apply in this part. 
</P>
<P><I>Applicant.</I> An individual or organization that manufactures or controls the assembly of a product and that applies to MSHA for approval of that product. 
</P>
<P><I>Approval.</I> A document issued by MSHA which states that a product has met the requirements of this part and which authorizes an approval marking identifying the product as approved. 
</P>
<P><I>Authorized company official.</I> An individual designated by applicant who has the authority to bind the company. 
</P>
<P><I>Critical characteristic.</I> A feature of a product that, if not manufactured as approved, could have a direct adverse effect on safety and for which testing or inspection is required prior to shipment to ensure conformity with the technical requirements under which the approval was issued. 
</P>
<P><I>Equivalent non-MSHA product safety standards.</I> A non-MSHA product safety standard, or group of standards, that is determined by MSHA to provide at least the same degree of protection as the applicable MSHA product technical requirements in the subparts of this part, or can be modified to provide at least the same degree of protection as those MSHA requirements. 
</P>
<P><I>Extension of approval.</I> A document issued by MSHA which states that the change to a product previously approved by MSHA under this part meets the requirements of this part and which authorizes the continued use of the approval marking after the appropriate extension number has been added. 
</P>
<P><I>Post-approval product audit.</I> Examination, testing, or both, by MSHA of approved products selected by MSHA to determine whether those products meet the applicable technical requirements and have been manufactured as approved. 
</P>
<P><I>Technical requirements.</I> The design and performance requirements for a product, as specified in a subpart of this part. 
</P>
<P><I>Test procedures.</I> The methods specified in a subpart of this part used to determine whether a product meet the performance portion of the technical requirements. 
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988, as amended at 68 FR 36418, June 17, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 7.3" NODE="30:1.0.1.2.5.1.1.3" TYPE="SECTION">
<HEAD>§ 7.3   Application procedures and requirements.</HEAD>
<P>(a) <I>Application.</I> Requests for an approval or extension of approval shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<P>(b) <I>Fees.</I> Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40. 
</P>
<P>(c) <I>Original approval.</I> Each application for approval of a product shall include— 
</P>
<P>(1) A brief description of the product; 
</P>
<P>(2) The documentation specified in the appropriate subpart of this part; 
</P>
<P>(3) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application; 
</P>
<P>(4) If appropriate, a statement indicating whether, in the applicant's opinion, testing is required. If testing is not proposed, the applicant shall explain the reasons for not testing; and 
</P>
<P>(5) If appropriate, the place and date for product testing. 
</P>
<P>(d) <I>Subsequent approval of a similar product.</I> Each application for a product similar to one for which the applicant already holds an approval shall include— 
</P>
<P>(1) The approval number for the product which most closely resembles the new one; 
</P>
<P>(2) The information specified in paragraph (c) of this section for the new product, except that any document which is the same as one listed by MSHA in prior approvals need not be submitted, but shall be noted in the application; 
</P>
<P>(3) An explanation of any change from the existing approval; and 
</P>
<P>(4) A statement as to whether, in the applicant's opinion, the change requires product testing. If testing is not proposed, the applicant shall explain the reasons for not testing. 
</P>
<P>(e) <I>Extension of an approval.</I> Any change in the approved product from the documentation on file at MSHA that affects the technical requirements of this part shall be submitted to MSHA for approval prior to implementing the change. Each application for an extension of approval shall include— 
</P>
<P>(1) The MSHA-assigned approval number for the product for which the extension is sought; 
</P>
<P>(2) A brief description of the proposed change to the previously approved product; 
</P>
<P>(3) Drawings and specifications which show the change in detail; 
</P>
<P>(4) A statement as to whether, in the applicant's opinion, the change requires product testing. If testing is not proposed, the applicant shall explain the reasons for not testing; 
</P>
<P>(5) The place and date for product testing, if testing will be conducted; and 
</P>
<P>(6) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application. 
</P>
<P>(f) <I>Certification statement.</I> (1) Each application for original approval, subsequent approval, or extension of approval of a product shall include a certification by the applicant that the product meets the design portion of the technical requirements, as specified in the appropriate subpart, and that the applicant will perform the quality assurance functions specified in § 7.7. For a subsequent approval or extension of approval, the applicant shall also certify that the proposed change cited in the application is the only change that affects the technical requirements. 
</P>
<P>(2) After completion of the required product testing, the applicant shall certify that the product has been tested and meets the performance portion of the technical requirements, as specified in the appropriate subpart. 
</P>
<P>(3) All certification statements shall be signed by an authorized company official.
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995; 73 FR 52210, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 7.4" NODE="30:1.0.1.2.5.1.1.4" TYPE="SECTION">
<HEAD>§ 7.4   Product testing.</HEAD>
<P>(a) All products submitted for approval under this part shall be tested using the test procedures specified in the appropriate subpart unless MSHA determines, upon review of the documentation submitted, that testing is not required. Applicants shall maintain records of test results and procedures for three years. 
</P>
<P>(b) Unless otherwise specified in the subpart, test instruments shall be calibrated at least as frequently as, and according to, the instrument manufacturer's specifications, using calibration standards traceable to those set by the National Bureau of Standards, U.S. Department of Commerce or other nationally recognized standards and accurate to at least one significant figure beyond the desired accuracy.
</P>
<P>(c) When MSHA elects to observe product testing, the applicant shall permit an MSHA official to be present at a mutually agreeable date, time, and place. 
</P>
<P>(d) MSHA will accept product testing conducted outside the United States where such acceptance is specifically required by international agreement. 
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988; 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.5" NODE="30:1.0.1.2.5.1.1.5" TYPE="SECTION">
<HEAD>§ 7.5   Issuance of approval.</HEAD>
<P>(a) An applicant shall not advertise or otherwise represent a product as approved until MSHA has issued the applicant an approval. 
</P>
<P>(b) MSHA will issue an approval or a notice of the reasons for denying approval after reviewing the application, and the results of product testing, when applicable. An approval will identify the documents upon which the approval is based. 


</P>
</DIV8>


<DIV8 N="§ 7.6" NODE="30:1.0.1.2.5.1.1.6" TYPE="SECTION">
<HEAD>§ 7.6   Approval marking and distribution record.</HEAD>
<P>(a) Each approved product shall have an approval marking, as specified in the appropriate subpart of this part. 
</P>
<P>(b) For an extension of approval, the extension number shall be added to the original approval number on the approval marking. 
</P>
<P>(c) Applicants shall maintain records of the initial sale of each unit having an approval marking. The record retention period shall be at least the expected shelf life and service life of the product. 
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.7" NODE="30:1.0.1.2.5.1.1.7" TYPE="SECTION">
<HEAD>§ 7.7   Quality assurance.</HEAD>
<P>Applicants granted an approval or an extension of approval under this part shall— 
</P>
<P>(a) Inspect or test, or both, the critical characteristics in accordance with the appropriate subpart of this part; 
</P>
<P>(b) Unless otherwise specified in the subparts, calibrate instruments used for the inspection and testing of critical characteristics at least as frequently as, and according to, the instrument manufacturer's specifications, using calibration standards traceable to those set by the National Bureau of Standards, U.S. Department of Commerce or other nationally recognized standards and use instruments accurate to at least one significant figure beyond the desired accuracy. 
</P>
<P>(c) Control production documentation so that the product is manufactured as approved; 
</P>
<P>(d) Immediately report to the MSHA Approval and Certification Center, any knowledge of a product distributed with critical characteristics not in accordance with the approval specifications. 
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.8" NODE="30:1.0.1.2.5.1.1.8" TYPE="SECTION">
<HEAD>§ 7.8   Post-approval product audit.</HEAD>
<P>(a) Approved products shall be subject to periodic audits by MSHA for the purpose of determining conformity with the technical requirements upon which the approval was based. Any approved product which is to be audited shall be selected by MSHA and be representative of those distributed for use in mines. The approval-holder may obtain any final report resulting from such audit. 
</P>
<P>(b) No more than once a year except for cause, the approval-holder, at MSHA's request, shall make an approved product available at no cost to MSHA for an audit to be conducted at a mutually agreeable site and time. The approval-holder may observe any tests conducted during this audit. 
</P>
<P>(c) An approved product shall be subject to audit for cause at any time MSHA believes that it is not in compliance with the technical requirements upon which the approval was based. 


</P>
</DIV8>


<DIV8 N="§ 7.9" NODE="30:1.0.1.2.5.1.1.9" TYPE="SECTION">
<HEAD>§ 7.9   Revocation.</HEAD>
<P>(a) MSHA may revoke for cause an approval issued under this part if the product: 
</P>
<P>(1) Fails to meet the applicable technical requirements; or 
</P>
<P>(2) Creates a hazard when used in a mine. 
</P>
<P>(b) Prior to revoking an approval, the approval-holder shall be informed in writing of MSHA's intention to revoke approval. The notice shall: 
</P>
<P>(1) Explain the specific reasons for the proposed revocation; and 
</P>
<P>(2) Provide the approval-holder an opportunity to demonstrate or achieve compliance with the product approval requirements. 
</P>
<P>(c) Upon request, the approval-holder shall be afforded an opportunity for a hearing. 
</P>
<P>(d) If a product poses an imminent hazard to the safety or health of miners, the approval may be immediately suspended without a written notice of the agency's intention to revoke. The suspension may continue until the revocation proceedings are completed. 


</P>
</DIV8>


<DIV8 N="§ 7.10" NODE="30:1.0.1.2.5.1.1.10" TYPE="SECTION">
<HEAD>§ 7.10   MSHA acceptance of equivalent non-MSHA product safety standards.</HEAD>
<P>(a) MSHA will accept non-MSHA product safety standards, or groups of standards, as equivalent after determining that they: 
</P>
<P>(1) Provide at least the same degree of protection as MSHA's applicable technical requirements for a product in the subparts of this part; or 
</P>
<P>(2) Can be modified to provide at least the same degree of protection as those MSHA requirements. 
</P>
<P>(b) MSHA will publish its intent to review any non-MSHA product safety standard for equivalency in the <E T="04">Federal Register</E> for the purpose of soliciting public input. 
</P>
<P>(c) A listing of all equivalency determinations will be published in this part 7. The listing will state whether MSHA accepts the non-MSHA product safety standards in their original form, or whether MSHA will require modifications to demonstrate equivalency. If modifications are required, they will be provided in the listing. MSHA will notify the public of each equivalency determination and will publish a summary of the basis for its determination. MSHA will provide equivalency determination reports to the public upon request to the Approval and Certification Center. MSHA has made the following equivalency determinations applicable to this part 7.
</P>
<P>(1) MSHA will accept applications for motors under Subpart J designed and tested to the International Electrotechnical Commission's (IEC) standards for Electrical Apparatus for Explosive Gas Atmospheres, Part 0, General Requirements (IEC 60079-0, Fourth Edition, 2004-01) and Part 1, Electrical Apparatus for Explosive Gas Atmospheres, Flameproof Enclosures “d” (IEC 60079-1, Fifth Edition, 2003-11) (which are hereby incorporated by reference and made a part hereof) provided the modifications to the IEC standards specified in § 7.10(c)(1)(i) through (ix) are met. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The IEC standards may be inspected at the U.S. Department of Labor, Mine Safety and Health Administration, Electrical Safety Division, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> These IEC standards may be obtained from International Electrical Commission, Central Office 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland.
</P>
<P>(i) Enclosures associated with an electric motor assembly shall be made of metal and not have a compartment exceeding ten (10) feet in length. External surfaces of enclosures shall not exceed 150 °C (302 °F) in normal operation.
</P>
<P>(ii) Enclosures shall be rugged in construction and should meet existing requirements for minimum bolt size and spacing and for minimum wall, cover, and flange thicknesses specified in paragraph (g)(19) of § 7.304 Technical requirements. Enclosure fasteners should be uniform in size and length, be provided at all corners, and be secured from loosening by lockwashers or equivalent. An engineering analysis shall be provided for enclosure designs that deviate from the existing requirements. The analysis shall show that the proposed enclosure design meets or exceeds the mechanical strength of a comparable enclosure designed to 150 psig according to existing requirements, and that flamepath clearances in excess of existing requirements will not be produced at an internal pressure of 150 psig. This shall be verified by explosion testing the enclosure at a minimum of 150 psig.
</P>
<P>(iii) Enclosures shall be designed to withstand a minimum pressure of at least 150 psig without leakage through any welds or castings, rupture of any part that affects explosion-proof integrity, clearances exceeding those permitted under existing requirements along flame-arresting paths, or permanent distortion exceeding 0.040-inch per linear foot.
</P>
<P>(iv) Flamepath clearances, including clearances between fasteners and the holes through which they pass, shall not exceed those specified in existing requirements. No intentional gaps in flamepaths are permitted.
</P>
<P>(v) The minimum lengths of the flame arresting paths, based on enclosure volume, shall conform to those specified in existing requirements to the nearest metric equivalent value (e.g., 12.5 mm, 19 mm, and 25 mm are considered equivalent to 
<FR>1/2</FR> inch, 
<FR>3/4</FR> inch and 1 inch respectively for plane and cylindrical joints). The widths of any grooves for o-rings shall be deducted in measuring the widths of flame-arresting paths.
</P>
<P>(vi) Gaskets shall not be used to form any part of a flame-arresting path. If o-rings are installed within a flamepath, the location of the o-rings shall meet existing requirements.
</P>
<P>(vii) Cable entries into enclosures shall be of a type that utilizes either flame-resistant rope packing material or sealing rings (grommets). If plugs and mating receptacles are mounted to an enclosure wall, they shall be of explosion-proof construction. Insulated bushings or studs shall not be installed in the outside walls of enclosures. Lead entrances utilizing sealing compounds and flexible or rigid metallic conduit are not permitted.
</P>
<P>(viii) Unused lead entrances shall be closed with a metal plug that is secured by spot welding, brazing, or equivalent.
</P>
<P>(ix) Special explosion tests are required for electric motor assemblies that share leads (electric conductors) through a common wall with another explosion-proof enclosure, such as a motor winding compartment and a conduit box. These tests are required to determine the presence of any pressure piling conditions in either enclosure when one or more of the insulating barriers, sectionalizing terminals, or other isolating parts are sequentially removed from the common wall between the enclosures. Enclosures that exhibit pressures during these tests that exceed those specified in existing requirements must be provided with a warning tag. The durable warning tag must indicate that the insulating barriers, sectionalizing terminals, or other isolating parts be maintained in order to insure the explosion-proof integrity for either enclosure sharing a common wall. A warning tag is not required if the enclosures withstand a static pressure of twice the maximum value observed in the explosion tests.
</P>
<P>(2) [Reserved]
</P>
<P>(d) After MSHA has determined that non-MSHA product safety standards are equivalent and has notified the public of such determinations, applicants may seek MSHA product approval based on such non-MSHA product safety standards.
</P>
<CITA TYPE="N">[68 FR 36418, June 17, 2003, as amended at 71 FR 28583, May 17, 2006; 73 FR 52210, Sept. 9, 2008]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.5.2" TYPE="SUBPART">
<HEAD>Subpart B—Brattice Cloth and Ventilation Tubing</HEAD>


<DIV8 N="§ 7.21" NODE="30:1.0.1.2.5.2.1.1" TYPE="SECTION">
<HEAD>§ 7.21   Purpose and effective date.</HEAD>
<P>This subpart establishes the specific requirements for approval of brattice cloth and ventilation tubing. It is effective August 22, 1988. Applications for approval or extension of approval submitted after August 22, 1989, shall meet the requirements of this part. 


</P>
</DIV8>


<DIV8 N="§ 7.22" NODE="30:1.0.1.2.5.2.1.2" TYPE="SECTION">
<HEAD>§ 7.22   Definitions.</HEAD>
<P>The following definitions apply in this subpart: 
</P>
<P><I>Brattice cloth.</I> A curtain of jute, plastic, or similar material used to control or direct ventilating air. 
</P>
<P><I>Denier.</I> A unit of yarn size indicating the fineness of fiber of material based on the number of grams in a length of 9,000 meters. 
</P>
<P><I>Film.</I> A sheet of flexible material applied to a scrim by pressure, temperature, adhesion, or other method. 
</P>
<P><I>Scrim.</I> A substrate material of plastic or fabric laminated between or coated with a film. 
</P>
<P><I>Ventilation tubing.</I> Rigid or flexible tubing used to convey ventilating air. 


</P>
</DIV8>


<DIV8 N="§ 7.23" NODE="30:1.0.1.2.5.2.1.3" TYPE="SECTION">
<HEAD>§ 7.23   Application requirements.</HEAD>
<P>(a) <I>Brattice cloth.</I> A single application may address two or more products if the products differ only in: weight of the finished product; weight or weave of the same fabric or scrim; or thickness or layers of the same film. Applications shall include the following information: 
</P>
<P>(1) Trade name. 
</P>
<P>(2) Product designations (for example, style and code number). 
</P>
<P>(3) Color. 
</P>
<P>(4) Type of brattice (for example, plastic or jute). 
</P>
<P>(5) Weight of finished product. 
</P>
<P>(6) Film: type, weight, thickness, supplier, supplier's stock number or designation, and percent of finished product by weight. 
</P>
<P>(7) Scrim: Type, denier, weight, weave, the supplier, supplier's stock number or designation, and percent of finished product by weight. 
</P>
<P>(8) Adhesive: type, supplier, supplier's stock number or designation, and percent of finished product by weight. 
</P>
<P>(b) <I>Flexible ventilation tubing.</I> Applications shall include the product description information in paragraph (a) of this section and list the type of supporting structure, if applicable; inside diameters; and configurations. 
</P>
<P>(c) <I>Rigid ventilation tubing.</I> A single application may address two or more products if the products differ only in diameters, lengths, configuration, or average wall thickness. Applications shall include the following information: 
</P>
<P>(1) Trade name. 
</P>
<P>(2) Product designations (for example, style and code numbers). 
</P>
<P>(3) Color. 
</P>
<P>(4) Type of ventilation tubing (for example, fiberglass, plastic, or polyethylene). 
</P>
<P>(5) Inside diameter, configuration, and average wall thickness. 
</P>
<P>(6) Suspension system (for example, metal hooks). 
</P>
<P>(7) Base material: type, supplier, the supplier's stock number, and percent of finished product by weight. 
</P>
<P>(8) Resin: type, supplier, the supplier's stock number, and percent of finished product by weight. 
</P>
<P>(9) Flame retardant, if added during manufacturing: type, supplier, the supplier's stock number, and percent of finished product by weight. 
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.24" NODE="30:1.0.1.2.5.2.1.4" TYPE="SECTION">
<HEAD>§ 7.24   Technical requirements.</HEAD>
<P>(a) Brattice cloth shall be flame resistant when tested in accordance with the flame resistance test in § 7.27. 
</P>
<P>(b) Flexible ventilation tubing shall be manufactured using an MSHA-approved brattice cloth. If a supporting structure is used, it shall be metal or other noncombustible material which will not ignite, burn, support combustion or release flammable vapors when subjected to fire or heat. 
</P>
<P>(c) Rigid ventilation tubing shall be flame resistant when tested in accordance with the flame resistance test in § 7.28. 


</P>
</DIV8>


<DIV8 N="§ 7.25" NODE="30:1.0.1.2.5.2.1.5" TYPE="SECTION">
<HEAD>§ 7.25   Critical characteristics.</HEAD>
<P>A sample of each batch or lot of brattice cloth and ventilation tubing shall be flame tested or a sample of each batch or lot of the materials that contribute to the flame-resistance characteristic shall be inspected or tested to ensure that the finished product will meet the flame-resistance test. 


</P>
</DIV8>


<DIV8 N="§ 7.26" NODE="30:1.0.1.2.5.2.1.6" TYPE="SECTION">
<HEAD>§ 7.26   Flame test apparatus.</HEAD>
<P>The principal parts of the apparatus used to test for flame-resistance of brattice cloth and ventilation tubing shall be constructed as follows: 
</P>
<P>(a) A 16-gauge stainless steel gallery lined on the top, bottom and both sides with 
<FR>1/2</FR> inch thick Marinite or equivalent insulating material yielding inside dimensions approximately 58 inches long, 41 inches high, and 30 inches wide; 
</P>
<P>(b) Two 
<FR>3/8</FR>-inch diameter steel J hooks and a 
<FR>9/16</FR>-inch diameter steel rod to support the sample located approximately 2
<FR>3/16</FR>-inches from the front and back ends of the test gallery, 1
<FR>1/2</FR>-inches from the ceiling insulation and centrally located in the gallery along its length. Samples shall be suspended to preclude folds or wrinkles; 
</P>
<P>(c) A tapered 16-gauge stainless steel duct section tapering from a cross sectional area measuring 2 feet 7 inches wide by 3 feet 6 inches high at the test gallery to a cross-sectional area 1 foot 6 inches square over a length of 3 feet. The tapered duct section must be tightly connected to the test gallery; 
</P>
<P>(d) A 16-gauge stainless steel fan housing, consisting of a 1 foot 6 inches square section 6 inches long followed by a 10 inch long section which tapers from 1 foot 16 inches square to 12 inches diameter round and concluding with a 12 inch diameter round collar 3 inches long. A variable speed fan capable of producing an air velocity of 125 ft./min. in the test gallery must be secured in the fan housing. The fan housing must be tightly connected to the tapered duct section; 
</P>
<P>(e) A methane-fueled impinged jet burner igniting source, measuring 12 inches long from the threaded ends of the first and last jets and 4 inches wide with 12 impinged jets, approximately 1
<FR>3/8</FR>-inches long and spaced alternately along the length of the burner tube. The burner jets must be canted so that they point toward each other in pairs and the flame from these pairs impinge upon each other. 


</P>
</DIV8>


<DIV8 N="§ 7.27" NODE="30:1.0.1.2.5.2.1.7" TYPE="SECTION">
<HEAD>§ 7.27   Test for flame resistance of brattice cloth.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Prepare 6 samples of brattice cloth 40 inches wide by 48 inches long. 
</P>
<P>(2) Prior to testing, condition each sample for a minimum of 24 hours at a temperature of 70 ±10 °F (21 ±5.5 °C) and a relative humidity of 55 ±10%. 
</P>
<P>(3) For each test, suspend the sample in the gallery by wrapping the brattice cloth around the rod and clamping each end and the center. The brattice cloth must hang 4 inches from the gallery floor. 
</P>
<P>(4) Use a front exhaust system to remove smoke escaping from the gallery. The exhaust system must remain on during all testing, but not affect the air flow in the gallery. 
</P>
<P>(5) Set the methane-fueled impinged jet burner to yield a flame height of 12 inches as measured at the outermost tip of the flame. 
</P>
<P>(6) Apply the burner to the front lower edge of the brattice cloth and keep it in contact with the material for 25 seconds or until 1 foot of material, measured horizontally, is consumed, whichever occurs first. If the material shrinks during application of the burner flame, move the burner flame to maintain contact with 1 foot of the material. If melting material might clog the burner orifices, rotate the burner slightly during application of the flame. 
</P>
<P>(7) Test 3 samples in still air and 3 samples with an average of 125 ft./min. of air flowing past the sample. 
</P>
<P>(8) Record the propagation length and duration of burning for each of the 6 samples. The duration of burning is the total burning time of the specimen during the flame test. This includes the burn time of any material that falls on the floor of the test gallery during the igniting period. However, the suspended specimen is considered burning only after the burner is removed. Should the burning time of a suspended specimen and a specimen on the floor coincide, count the coinciding burning time only once. 
</P>
<P>(9) Calculate the average duration of burning for the first 3 samples (still air) and the second 3 samples (125 ft./min. air flow). 
</P>
<P>(b) <I>Acceptable performance.</I> The brattice cloth shall meet each of the following criteria: 
</P>
<P>(1) Flame propagation of less than 4 feet in each of the six tests. 
</P>
<P>(2) An average duration of burning of less than 1 minute in both groups of three tests. 
</P>
<P>(3) A duration of burning not exceeding two minutes in each of the six tests. 
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.28" NODE="30:1.0.1.2.5.2.1.8" TYPE="SECTION">
<HEAD>§ 7.28   Test for flame resistance of rigid ventilation tubing.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Prepare 6 samples of ventilation tubing 48 inches in length with all flared or thickened ends removed. Any sample with a cross-sectional dimension greater than 24 inches must be tested in a 24-inch size. 
</P>
<P>(2) For each test, suspend the sample in the center of the gallery by running a wire through the 48-inch length of tubing. 
</P>
<P>(3) Use a front exhaust system to remove smoke escaping from the gallery. The exhaust system must remain on during all testing but not affect the air flow in the gallery. 
</P>
<P>(4) Set the methane-fueled impinged jet burner to yield a flame height of 12 inches as measured at the outermost tip of the flame. 
</P>
<P>(5) Apply the burner to the front lower edge of the tubing so that two-thirds of the burner is under the tubing and the remaining third is exposed to allow the flames to curl onto the inside of the tubing. Keep the burner in contact with the material for 60 seconds. If melting material might clog the burner orifices, rotate the burner slightly during application of the flame. 
</P>
<P>(6) Test 3 samples in still air and 3 samples with an average of 125 ft./min. of air flowing past the sample. 
</P>
<P>(7) Record the propagation length and duration of burning for each of the 6 samples. The duration of burn is the total burning time of the specimen during the flame test. This includes the burning time of any material that falls on the floor of the test gallery during the igniting period. However, the suspended specimen is considered burning only after the burner is removed. Should the burning time of a suspended specimen and a specimen on the floor coincide, count the coinciding burn time only once. 
</P>
<P>(8) Calculate the average duration of burning for the first 3 samples (still air) and the second 3 samples (125 ft./min. air flow). 
</P>
<P>(b) <I>Acceptable performance.</I> The ventilation tubing shall meet each of the following criteria:
</P>
<P>(1) Flame propagation of less than 4 feet in each of the 6 tests.
</P>
<P>(2) An average duration of burning of less than 1 minute in both groups of 3 tests.
</P>
<P>(3) A duration of burning not exceeding 2 minutes in each of the 6 tests.
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.29" NODE="30:1.0.1.2.5.2.1.9" TYPE="SECTION">
<HEAD>§ 7.29   Approval marking.</HEAD>
<P>(a) Approved brattice cloth shall be legibly and permanently marked with the assigned MSHA approval number at intervals not exceeding ten feet. If the nature of the material or method of processing makes such marking impractical, permanent paint or ink may be used to mark the edge with an MSHA-assigned color code.
</P>
<P>(b) Approved ventilation tubing shall be legibly and permanently marked on each section with the assigned MSHA approval number.
</P>
<P>(c) An approved product shall be marketed only under a brand or trade name that has been furnished to MSHA.


</P>
</DIV8>


<DIV8 N="§ 7.30" NODE="30:1.0.1.2.5.2.1.10" TYPE="SECTION">
<HEAD>§ 7.30   Post-approval product audit.</HEAD>
<P>Upon request by MSHA but no more than once a year except for cause, the approval-holder shall supply to MSHA at no cost up to fifty feet of each approved design of brattice cloth and ventilation tubing for audit.


</P>
</DIV8>


<DIV8 N="§ 7.31" NODE="30:1.0.1.2.5.2.1.11" TYPE="SECTION">
<HEAD>§ 7.31   New technology.</HEAD>
<P>MSHA may approve brattice cloth and ventilation tubing that incorporates technology for which the requirements of this subpart are not applicable, if the Agency determines that the product is as safe as those which meet the requirements of this subpart.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.2.5.3" TYPE="SUBPART">
<HEAD>Subpart C—Battery Assemblies</HEAD>


<DIV8 N="§ 7.41" NODE="30:1.0.1.2.5.3.1.1" TYPE="SECTION">
<HEAD>§ 7.41   Purpose and effective date.</HEAD>
<P>This subpart establishes the specific requirements for MSHA approval of battery assemblies intended for incorporation in approved equipment in underground mines. It is effective August 22, 1988. Applications for approval or extensions of approval submitted after August 22, 1989, shall meet the requirements of this part.


</P>
</DIV8>


<DIV8 N="§ 7.42" NODE="30:1.0.1.2.5.3.1.2" TYPE="SECTION">
<HEAD>§ 7.42   Definitions.</HEAD>
<P>The following definitions apply in this subpart:
</P>
<P><I>Battery assembly.</I> A unit or units consisting of cells and their electrical connections, assembled in a battery box or boxes with covers.
</P>
<P><I>Battery box.</I> The exterior sides, bottom, and connector receptacle compartment, if any, of a battery assembly, excluding internal partitions.


</P>
</DIV8>


<DIV8 N="§ 7.43" NODE="30:1.0.1.2.5.3.1.3" TYPE="SECTION">
<HEAD>§ 7.43   Application requirements.</HEAD>
<P>(a) An application for approval of a battery assembly shall contain sufficient information to document compliance with the technical requirements of this subpart and include a composite drawing with the following information:
</P>
<P>(1) Overall dimensions of the battery assembly, including the minimum distance from the underside of the cover to the top of the terminals and caps.
</P>
<P>(2) Composition and thicknesses of the battery box and cover.
</P>
<P>(3) Provision for securing covers.
</P>
<P>(4) Documentation of flame-resistance of insulating materials and cables.
</P>
<P>(5) Number, type, and rating of the battery cells.
</P>
<P>(6) Diagram of battery connections between cells and between battery boxes, except when connections between battery boxes are a part of the machine's electrical system.
</P>
<P>(7) Total weight of the battery, charged and ready for service.
</P>
<P>(8) Documentation of materials and configurations for battery cells, intercell connectors, filler caps, and battery top:
</P>
<P>(i) If nonmetallic cover designs are used with cover support blocks; or
</P>
<P>(ii) If the cover comes into contact with any portion of the cells, caps, filler material, battery top, or intercell connectors during the impact test specified by § 7.46.
</P>
<P>(b) All drawings shall be titled, dated, numbered, and include the latest revision number.
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.44" NODE="30:1.0.1.2.5.3.1.4" TYPE="SECTION">
<HEAD>§ 7.44   Technical requirements.</HEAD>
<P>(a)(1) Battery boxes and covers constructed of AISI 1010 hot rolled steel shall have the following minimum thicknesses based on the total weight of a unit of the battery assembly charged and ready for service:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Weight of battery unit
</TH><TH class="gpotbl_colhed" scope="col">Minimum required thickness
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1,000 lbs. maximum</TD><TD align="left" class="gpotbl_cell">10 gauge or 
<fr>1/8</fr>″ nominal 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1,001 to 2,000 lbs</TD><TD align="left" class="gpotbl_cell">7 gauge or 
<fr>3/16</fr>″ nominal 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2,001 to 4,500 lbs</TD><TD align="left" class="gpotbl_cell">3 gauge or 
<fr>1/4</fr>″ nominal 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 4,500 lbs</TD><TD align="left" class="gpotbl_cell">0 gauge or 
<fr>5/16</fr>″ nominal</TD></TR></TABLE></DIV></DIV>
<P>(2) Battery boxes not constructed of AISI 1010 hot rolled steel shall have at least the tensile strength and impact resistance of battery boxes for the same weight class, as listed in paragraph (a)(1) of this section.
</P>
<P>(3) Battery box covers constructed of materials with less than the tensile strength and impact resistance of AISI 1010 hot rolled steel or constructed of nonmetallic materials shall meet the acceptable performance criteria for the impact test in § 7.46. Nonmetallic covers shall be used only in the battery assembly configuration in which they pass the impact test.
</P>
<P>(4) Nonmetallic materials for boxes and covers shall—
</P>
<P>(i) Be accepted by MSHA as flame-resistant material under part 18 of this chapter; and
</P>
<P>(ii) Meet the acceptable performance criteria for the deflection temperature test in § 7.47.
</P>
<P>(b) All insulating material shall have a minimum resistance of 100 megohms at 500 volts d.c. and be accepted by MSHA as flame resistant under part 18 of this chapter.
</P>
<P>(c) Battery box and cover insulating material shall meet the acceptable performance criteria for the acid resistance test in § 7.48.
</P>
<P>(d) Covers shall be lined with insulating material permanently attached to the underside of the cover, unless the cover is constructed of insulating material.
</P>
<P>(e) Covers, including those used over connector receptacle housings, shall be provided with a means of securing them in a closed position.
</P>
<P>(f) Battery boxes shall be provided with vent openings to prevent the accumulation of flammable or toxic gases or vapors within the battery assembly. The size and location of openings shall prevent direct access to cell terminals and other uninsulated current carrying parts. The total minimum unobstructed cross-sectional area of the ventilation openings shall be no less than the value determined by the following formula: 
</P>
<img src="/graphics/ec15no91.011.gif"/>
<EXTRACT>
<FP-2>N = Number of cells in battery box.
</FP-2>
<FP-2>R = Rated 6 hour battery capacity in ampere hours.
</FP-2>
<FP-2>M = Total minimum ventilation area in square inches per battery box.</FP-2></EXTRACT>
<P>(g) Battery boxes shall have drainage holes to prevent accumulation of water or electrolyte.
</P>
<P>(h) Battery cells shall be insulated from the battery box walls, partitions and bottom by insulating material, unless such part of the battery box is constructed of insulating material. Battery box wall insulating material shall extend to the top of the wall.
</P>
<P>(i) Cell terminals shall be burned on, except that bolted connectors using two or more bolts may be used on end terminals.
</P>
<P>(j) Battery connections shall be designed so that total battery potential is not available between adjacent cells.
</P>
<P>(k) Cables within a battery box shall be accepted by MSHA as flame resistant under part 18 of this chapter or approved under subpart K of this part. The cables shall be protected against abrasion by insulation, location, clamping, or other effective means.
</P>
<P>(l) When the battery plug and receptacle are not located on or within the battery box, strain on the battery terminals shall be prevented by a strain-relief device on the cable. Insulating material shall be placed between the strain-relief device and cable, unless the device is constructed of insulating material.
</P>
<P>(m) At least a 
<FR>1/2</FR>-inch air space shall be provided between the underside of the battery cover and the top of the battery, including the terminals and connectors.
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 57 FR 61220, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 7.45" NODE="30:1.0.1.2.5.3.1.5" TYPE="SECTION">
<HEAD>§ 7.45   Critical characteristics</HEAD>
<P>The following critical characteristics shall be inspected or tested on each battery assembly to which an approval marking is affixed:
</P>
<P>(a) Thickness of covers and boxes.
</P>
<P>(b) Application and resistance of insulating material.
</P>
<P>(c) Size and location of ventilation openings.
</P>
<P>(d) Method of cell terminations.
</P>
<P>(e) Strain relief devices for cables leaving boxes.
</P>
<P>(f) Type, location, and physical protection of cables.


</P>
</DIV8>


<DIV8 N="§ 7.46" NODE="30:1.0.1.2.5.3.1.6" TYPE="SECTION">
<HEAD>§ 7.46   Impact test.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Prepare four covers for testing by conditioning two covers at −13 °F (−25 °C) and two covers at 122 °F (50 °C) for a period of 48 hours.
</P>
<P>(2) Mount the covers on a battery box of the same design with which the covers are to be approved, including any support blocks, with the battery cells completely assembled. If used, support blocks must contact only the filler material or partitions between the individual cells. At the test temperature range of 65 °F-80 °F (18.3 °C-26.7 °C), apply a dynamic force of 200 ft. lbs. to the following areas using a hemispherical weight with a 6″ maximum radius:
</P>
<P>(i) The center of the two largest unsupported areas;
</P>
<P>(ii) The areas above at least two support blocks, if used;
</P>
<P>(iii) The areas above at least two intercell connectors, one cell, and one filler cap; and
</P>
<P>(iv) Areas on at least two corners. If the design consists of both inside and outside corners, test one of each.
</P>
<P>(3) Record the condition of the covers, supports, intercell connectors, filler caps, cell covers, and filler material.
</P>
<P>(b) <I>Acceptable performance.</I> Impact tests of any of the four covers shall not result in any of the following:
</P>
<P>(1) Bent intercell connectors.
</P>
<P>(2) Cracked or broken filler caps, except plastic tabs which extend from the body of the filler caps.
</P>
<P>(3) Cracks in the cell cover, cells, or filler material.
</P>
<P>(4) Cracked or bent supports.
</P>
<P>(5) Cracked or splintered battery covers.
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.47" NODE="30:1.0.1.2.5.3.1.7" TYPE="SECTION">
<HEAD>§ 7.47   Deflection temperature test.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Prepare two samples for testing that measure 5 inches by 
<FR>1/2</FR> inch, by the thickness of the material as it will be used. Prior to testing, condition the samples at 73.4 ±3.6 °F (23 ±2 °C) and 50 ±5% relative humidity for at least 40 hours.
</P>
<P>(2) Place a sample on supports which are 4 inches apart and immersed in a heat transfer medium at a test temperature range of 65 °F−80 °F (18.3 °C−26.7 °C). The heat transfer medium must be a liquid which will not chemically affect the sample. The testing apparatus must be constructed so that expansion of any components during heating of the medium does not result in deflection of the sample.
</P>
<P>(3) Place a temperature measuring device with an accuracy of 1% into the heat transfer medium within 
<FR>1/8</FR> inch of, but not touching, the sample.
</P>
<P>(4) Apply a total load, in pounds, numerically equivalent to 11 times the thickness of the sample, in inches, to the sample midway between the supports using a 
<FR>1/8</FR> inch radius, rounded contact. The total load includes that weight used to apply the load and any force exerted by the deflection measurement device.
</P>
<P>(5) Use a deflection measuring device with an accuracy of ±.001 inches to measure the deflection of the sample at the point of loading as the temperature of the medium is increased at a uniform rate of 3.6 ±.36 °F/min. (2 ±0.2 °C/min.). Apply the load to the sample for 5 minutes prior to heating, to allow compensation for creep in the sample due to the loading.
</P>
<P>(6) Record the deflection of the sample due to heating at 180 °F (82 °C).
</P>
<P>(7) Repeat steps 2 through 6 for the other sample.
</P>
<P>(b) <I>Acceptable performance.</I> Neither sample shall have a deflection greater than .010 inch at 180 °F (82 °C).
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988; 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.48" NODE="30:1.0.1.2.5.3.1.8" TYPE="SECTION">
<HEAD>§ 7.48   Acid resistance test.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Prepare one sample each of the insulated surfaces of the battery box and of the cover that measure at least 4 inches by 8 inches, by the thickness of the sample which includes the insulation plus the battery cover or box material. The insulation thickness shall be representative of that used on the battery box and cover. If the insulation material and thickness of material are identical for the battery box and cover, only one sample need be prepared and tested.
</P>
<P>(2) Prepare a 30 percent solution of sulfuric acid (H<E T="52">2</E> SO<E T="52">4</E>) by mixing 853 ml of water with 199 ml of sulfuric acid (H<E T="52">2</E> SO<E T="52">4</E>) with a specific gravity of 1.84. Completely cover the samples with the acid solution at the test temperature range of 65 °F−80 °F (18.3 °C−26.7 °C) and maintain these conditions for 7 days.
</P>
<P>(3) After 7 days, record the condition of the samples.
</P>
<P>(b) <I>Acceptable performance.</I> At the end of the test, the insulation shall not exhibit any blistering, discoloration, cracking, swelling, tackiness, rubberiness, or loss of bond.
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.49" NODE="30:1.0.1.2.5.3.1.9" TYPE="SECTION">
<HEAD>§ 7.49   Approval marking.</HEAD>
<P>Each approved battery assembly shall be identified by a legible and permanent approval plate inscribed with the assigned MSHA approval number and securely attached to the battery box.


</P>
</DIV8>


<DIV8 N="§ 7.50" NODE="30:1.0.1.2.5.3.1.10" TYPE="SECTION">
<HEAD>§ 7.50   Post-approval product audit.</HEAD>
<P>Upon request by MSHA, but no more than once a year except for cause, the approval-holder shall make an approved battery assembly available for audit at no cost to MSHA.


</P>
</DIV8>


<DIV8 N="§ 7.51" NODE="30:1.0.1.2.5.3.1.11" TYPE="SECTION">
<HEAD>§ 7.51   Approval checklist.</HEAD>
<P>Each battery assembly bearing an MSHA approval plate shall be accompanied by a description of what is necessary to maintain the battery assembly as approved.
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.52" NODE="30:1.0.1.2.5.3.1.12" TYPE="SECTION">
<HEAD>§ 7.52   New technology.</HEAD>
<P>MSHA may approve a battery assembly that incorporates technology for which the requirements of this subpart are not applicable, if the Agency determines that the battery assembly is as safe as those which meet the requirements of this subpart.


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.2.5.4" TYPE="SUBPART">
<HEAD>Subpart D—Multiple-Shot Blasting Units</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>54 FR 48210, Nov. 21, 1989, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 7.61" NODE="30:1.0.1.2.5.4.1.1" TYPE="SECTION">
<HEAD>§ 7.61   Purpose and effective date.</HEAD>
<P>This subpart establishes the specific requirements for MSHA approval of multiple-shot blasting units. It is effective January 22, 1990. Applications for approval or extensions of approval submitted after January 22, 1991 shall meet the requirements of this subpart.


</P>
</DIV8>


<DIV8 N="§ 7.62" NODE="30:1.0.1.2.5.4.1.2" TYPE="SECTION">
<HEAD>§ 7.62   Definitions.</HEAD>
<P>The following definitions apply in this subpart:
</P>
<P><I>Blasting circuit.</I> A circuit that includes one or more electric detonators connected in a single series and the firing cable used to connect the detonators to the blasting unit.
</P>
<P><I>Blasting unit.</I> An electric device used to initiate electric detonators.
</P>
<P><I>Normal operation.</I> Operation of the unit according to the manufacturer's instructions with fully-charged batteries, with electric components at any value within their specified tolerances, and with adjustable electric components set to any value within their range.


</P>
</DIV8>


<DIV8 N="§ 7.63" NODE="30:1.0.1.2.5.4.1.3" TYPE="SECTION">
<HEAD>§ 7.63   Application requirements.</HEAD>
<P>(a) Each application for approval of a blasting unit shall include the following:
</P>
<P>(1) An overall assembly drawing showing the physical construction of the blasting unit.
</P>
<P>(2) A schematic diagram of the electric circuit.
</P>
<P>(3) A parts list specifying each electric component and its electrical ratings, including tolerances.
</P>
<P>(4) A layout drawing showing the location of each component and wiring.
</P>
<P>(5) The model number or other manufacturer's designation of the blasting unit.
</P>
<P>(b) All drawings shall be titled, numbered, dated, and include the latest revision number. The drawings may be combined into one or more composite drawings.
</P>
<P>(c) The application shall contain a list of all the drawings submitted, including drawing titles, numbers, and revisions.
</P>
<P>(d) A detailed technical description of the operation and use of the blasting unit shall be submitted with the application.
</P>
<CITA TYPE="N">[54 FR 48210, Nov. 21, 1989, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.64" NODE="30:1.0.1.2.5.4.1.4" TYPE="SECTION">
<HEAD>§ 7.64   Technical requirements.</HEAD>
<P>(a) <I>Energy output.</I> Blasting units shall meet the acceptable performance criteria of the output energy test in § 7.66. 
</P>
<P>(b) <I>Maximum blasting circuit resistance.</I> The maximum value of the resistance of the blasting circuit that can be connected to the firing line terminals of the blasting unit, without exceeding its capacity, shall be specified by the applicant. The specified maximum blasting circuit resistance shall be at least 150 ohms. 
</P>
<P>(c) <I>Visual indicator.</I> The blasting unit shall provide a visual indication to the user prior to the operation of the firing switch when the voltage necessary to produce the required firing current is attained. 
</P>
<P>(d) <I>Firing switch.</I> The switch used to initiate the application of energy to the blasting circuit shall— 
</P>
<P>(1) Require deliberate action for its operation to prevent accidental firing; and 
</P>
<P>(2) Operate only when the voltage necessary to produce the required firing current is available to the blasting circuit. 
</P>
<P>(e) <I>Firing line terminals.</I> The terminals used to connect the blasting circuit to the blasting unit shall— 
</P>
<P>(1) Provide a secure, low-resistance connection to the blasting circuit as demonstrated by the firing line terminals test in § 7.68; 
</P>
<P>(2) Be corrosion-resistant; 
</P>
<P>(3) Be insulated to protect the user from electrical shock; and 
</P>
<P>(4) Be separated from each other by an insulated barrier. 
</P>
<P>(f) <I>Ratings of electric components.</I> No electric component of the blasting unit, other than batteries, shall be operated at more than 90 percent of any of its electrical ratings in the normal operation of the blasting unit. 
</P>
<P>(g) <I>Non-incendive electric contacts.</I> In the normal operation of a blasting unit, the electric energy discharged by making and breaking electric contacts shall not be capable of igniting a methane-air atmosphere, as determined by the following: 
</P>
<P>(1) The electric current through an electric contact shall not be greater than that determined from Figure D-1. 
</P>
<P>(2) The maximum voltage that can be applied across an electric contact that discharges a capacitor shall not be greater than that determined from Figure D-2. 
</P>
<P>(3) The electric current through an electric contact that interrupts a circuit containing inductive components shall not be greater than that determined from Figure D-3. Inductive components include inductors, chokes, relay coils, motors, transformers, and similar electric components that have an inductance greater than 100 microhenries. No inductive component in a circuit with making and breaking electric contacts shall have an inductance value greater than 100 millihenries. 
</P>
<img src="/graphics/ec22oc91.001.gif"/>
<img src="/graphics/ec22oc91.002.gif"/>
<img src="/graphics/ec22oc91.003.gif"/>
<P>(h) <I>Maximum temperature.</I> In the normal operation of the blasting unit, the maximum temperature of any electric component shall not exceed 302 °F (150 °C). 
</P>
<P>(i) <I>Capacitor discharge.</I> The blasting unit shall include an automatic means to dissipate any electric charge remaining in any capacitor after the blasting unit is deenergized and not in use. 
</P>
<P>(j) <I>Construction.</I> Blasting units shall meet the acceptable performance criteria of the construction test of § 7.67. 
</P>
<P>(k) <I>Locking device.</I> The blasting unit shall be equipped with a locking device to prevent unauthorized use. 
</P>
<P>(l) <I>Enclosure.</I> The blasting unit enclosure shall be protected against tampering by— 
</P>
<P>(1) Sealing the enclosure, except the battery compartment, using continuous welding, brazing, soldering, or equivalent methods; or 
</P>
<P>(2) Sealing the electric components, other than batteries, in a solidified insulating material and assembling the enclosure with tamper-resistant hardware. 
</P>
<P>(m) <I>Battery charging.</I> Blasting units that contain rechargeable batteries shall have the following: 
</P>
<P>(1) A blocking diode, or equivalent device, in series with the battery to prevent electric energy in the battery from being available at the charging connector. 
</P>
<P>(2) The charging connector recessed into the enclosure. 


</P>
</DIV8>


<DIV8 N="§ 7.65" NODE="30:1.0.1.2.5.4.1.5" TYPE="SECTION">
<HEAD>§ 7.65   Critical characteristics.</HEAD>
<P>The following critical characteristics shall be inspected or tested on each blasting unit to which an approval marking is affixed:
</P>
<P>(a) The output current.
</P>
<P>(b) The voltage cut-off time.
</P>
<P>(c) The components that control voltage and current through each making and breaking electric contact.
</P>
<P>(d) Operation of the visual indicator and the firing switch.


</P>
</DIV8>


<DIV8 N="§ 7.66" NODE="30:1.0.1.2.5.4.1.6" TYPE="SECTION">
<HEAD>§ 7.66   Output energy test.</HEAD>
<P>(a) <I>Test procedures.</I> The blasting unit shall be tested by firing into each of the following resistive loads, within a tolerance of ±1%:
</P>
<P>(1) The maximum blasting circuit resistance.
</P>
<P>(2) Any resistive load between 3 ohms and the maximum blasting circuit resistance.
</P>
<P>(3) One ohm.
</P>
<P>(b) <I>Acceptable performance.</I> (1) The voltage shall be zero at the firing line terminals 10 milliseconds after operation of the firing switch.
</P>
<P>(2) The electric current from the blasting unit shall be:
</P>
<P>(i) Less than 50 milliamperes except during firing of the blasting unit.
</P>
<P>(ii) Available only through the firing line terminals.
</P>
<P>(iii) At least an average of 2 amperes during the first 5 milliseconds following operation of the firing switch.
</P>
<P>(iv) Not exceed an average of 100 amperes during the first 10 milliseconds following operation of the firing switch.


</P>
</DIV8>


<DIV8 N="§ 7.67" NODE="30:1.0.1.2.5.4.1.7" TYPE="SECTION">
<HEAD>§ 7.67   Construction test.</HEAD>
<P>The construction test is to be performed on the blasting unit subsequent to the output energy test of § 7.66.
</P>
<P>(a) <I>Test procedures.</I> (1) The blasting unit shall be dropped 20 times from a height of 3 feet onto a horizontal concrete floor. When dropped, the orientation of the blasting unit shall be varied each time in an attempt to have a different surface, corner, or edge strike the floor first for each drop.
</P>
<P>(2) After the blasting unit has been drop tested in accordance with paragraph (a)(1) above, it shall be submerged in 1 foot of water for 1 hour in each of 3 tests. The water temperature shall be maintained within ±5 °F (±2.8 °C) of 40 °F (4.4 °C), 70 °F (21.1 °C) and 100 °F (37.8 °C) during the tests.
</P>
<P>(3) Immediately after removing the blasting unit from the water at each temperature, the unit shall be operated first with the firing line terminals open circuited, then operated again with the firing line terminals short circuited, and last, the output energy tested in accordance with the output energy test of § 7.66.
</P>
<P>(b) <I>Acceptable performance.</I> (1) The blasting unit shall meet the acceptable performance criteria of the output energy test in § 7.66 each time it is performed.
</P>
<P>(2) There shall be no damage to the firing line terminals that exposes an electric conductor.
</P>
<P>(3) The visual indicator shall be operational.
</P>
<P>(4) The batteries shall not be separated from the blasting unit.
</P>
<P>(5) There shall be no water inside the blasting unit enclosure, except for the battery compartment.


</P>
</DIV8>


<DIV8 N="§ 7.68" NODE="30:1.0.1.2.5.4.1.8" TYPE="SECTION">
<HEAD>§ 7.68   Firing line terminals test.</HEAD>
<P>(a) <I>Test procedures.</I> (1) The contact resistance through each firing line terminal shall be determined.
</P>
<P>(2) A 10-pound pull shall be applied to a No. 18 gauge wire that has been connected to each firing line terminal according to the manufacturer's instructions.
</P>
<P>(b) <I>Acceptable performance.</I> (1) The contact resistance shall not be greater than 1 ohm.
</P>
<P>(2) The No. 18 gauge wire shall not become disconnected from either firing line terminal.


</P>
</DIV8>


<DIV8 N="§ 7.69" NODE="30:1.0.1.2.5.4.1.9" TYPE="SECTION">
<HEAD>§ 7.69   Approval marking.</HEAD>
<P>Each approved blasting unit shall be identified as permissible by a legible and permanent marking securely attached, stamped, or molded to the outside of the unit. This marking shall include the following:
</P>
<P>(a) The assigned MSHA approval number.
</P>
<P>(b) The maximum blasting circuit resistance.
</P>
<P>(c) A warning that the unit's components must not be disassembled or removed.
</P>
<P>(d) The replacement battery types if the unit has replaceable batteries.
</P>
<P>(e) A warning placed next to the charging connector that the battery only be charged in a fresh air location if rechargeable batteries are used.
</P>
<P>(f) A warning that the unit is compatible only with detonators that will—
</P>
<P>(1) Fire when an average of 1.5 amperes is applied for 5 milliseconds;
</P>
<P>(2) Not misfire when up to an average 100 amperes is applied for 10 milliseconds; and
</P>
<P>(3) Not fire when a current of 250 milliamperes or less is applied.


</P>
</DIV8>


<DIV8 N="§ 7.70" NODE="30:1.0.1.2.5.4.1.10" TYPE="SECTION">
<HEAD>§ 7.70   Post-approval product audit.</HEAD>
<P>Upon request by MSHA, but not more than once a year except for cause, the approval holder shall make an approved blasting unit available for audit at no cost to MSHA.


</P>
</DIV8>


<DIV8 N="§ 7.71" NODE="30:1.0.1.2.5.4.1.11" TYPE="SECTION">
<HEAD>§ 7.71   Approval checklist.</HEAD>
<P>Each blasting unit bearing an MSHA approval marking shall be accompanied by a description of what is necessary to maintain the blasting unit as approved.
</P>
<CITA TYPE="N">[54 FR 48210, Nov. 21, 1989, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 7.72" NODE="30:1.0.1.2.5.4.1.12" TYPE="SECTION">
<HEAD>§ 7.72   New technology.</HEAD>
<P>MSHA may approve a blasting unit that incorporates technology for which the requirements of this subpart are not applicable if the Agency determines that the blasting unit is as safe as those which meet the requirements of this subpart.


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.2.5.5" TYPE="SUBPART">
<HEAD>Subpart E—Diesel Engines Intended for Use in Underground Coal Mines</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>61 FR 55504, Oct. 25, 1996, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 7.81" NODE="30:1.0.1.2.5.5.1.1" TYPE="SECTION">
<HEAD>§ 7.81   Purpose and effective date.</HEAD>
<P>Subpart A general provisions of this part apply to this subpart E. Subpart E establishes the specific engine performance and exhaust emission requirements for MSHA approval of diesel engines for use in areas of underground coal mines where permissible electric equipment is required and areas where non-permissible electric equipment is allowed. It is effective November 25, 1996. 


</P>
</DIV8>


<DIV8 N="§ 7.82" NODE="30:1.0.1.2.5.5.1.2" TYPE="SECTION">
<HEAD>§ 7.82   Definitions.</HEAD>
<P>In addition to subpart A definitions of this part, the following definitions apply in this subpart. 
</P>
<P><I>Brake Power.</I> The observed power measured at the crankshaft or its equivalent when the engine is equipped only with standard auxiliaries necessary for its operation on the test bed. 
</P>
<P><I>Category A engines.</I> Diesel engines intended for use in areas of underground coal mines where permissible electric equipment is required. 
</P>
<P><I>Category B engines.</I> Diesel engines intended for use in areas of underground coal mines where nonpermissible electric equipment is allowed. 
</P>
<P><I>Corrosion-resistant material.</I> Material that has at least the corrosion-resistant properties of type 304 stainless steel. 
</P>
<P><I>Diesel engine.</I> Any compression ignition internal combustion engine using the basic diesel cycle where combustion results from the spraying of fuel into air heated by compression. 
</P>
<P><I>Exhaust emission.</I> Any substance emitted to the atmosphere from the exhaust port of the combustion chamber of a diesel engine. 
</P>
<P><I>Intermediate speed.</I> Maximum torque speed if it occurs between 60 percent and 75 percent of rated speed. If the maximum torque speed is less than 60 percent of rated speed, then the intermediate speed shall be 60 percent of the rated speed. If the maximum torque speed is greater than 75 percent of the rated speed, then the intermediate speed shall be 75 percent of rated speed. 
</P>
<P><I>Low idle speed.</I> The minimum no load speed as specified by the engine manufacturer. 
</P>
<P><I>Maximum torque speed.</I> The speed at which an engine develops maximum torque. 
</P>
<P><I>Operational range.</I> All speed and load (including percent loads) combinations from the rated speed to the minimum permitted engine speed at full load as specified by the engine manufacturer. 
</P>
<P><I>Particulates.</I> Any material collected on a specified filter medium after diluting exhaust gases with clean, filtered air at a temperature of less than or equal to 125 °F (52 °C), as measured at a point immediately upstream of the primary filter. This is primarily carbon, condensed hydrocarbons, sulfates, and associated water. 
</P>
<P><I>Percent load.</I> The fraction of the maximum available torque at an engine speed. 
</P>
<P><I>Rated horsepower.</I> The nominal brake power output of a diesel engine as specified by the engine manufacturer with a specified production tolerance. For laboratory test purposes, the fuel pump calibration for the rated horsepower must be set between the nominal and the maximum fuel tolerance specification. 
</P>
<P><I>Rated speed.</I> Speed at which the rated power is delivered, as specified by the engine manufacturer. 
</P>
<P><I>Steady-state condition.</I> Diesel engine operating condition which is at a constant speed and load and at stabilized temperatures and pressures. 
</P>
<P><I>Total oxides of nitrogen.</I> The sum total of the measured parts per millions (ppm) of nitric oxide (NO) plus the measured ppm of nitrogen dioxide (NO<E T="52">2</E>). 


</P>
</DIV8>


<DIV8 N="§ 7.83" NODE="30:1.0.1.2.5.5.1.3" TYPE="SECTION">
<HEAD>§ 7.83   Application requirements.</HEAD>
<P>(a) An application for approval of a diesel engine shall contain sufficient information to document compliance with the technical requirements of this subpart and specify whether the application is for a category A engine or category B engine. 
</P>
<P>(b) The application shall include the following engine specifications—
</P>
<P>(1) Model number; 
</P>
<P>(2) Number of cylinders, cylinder bore diameter, piston stroke, engine displacement; 
</P>
<P>(3) Maximum recommended air inlet restriction and exhaust backpressure; 
</P>
<P>(4) Rated speed(s), rated horsepower(s) at rated speed(s), maximum torque speed, maximum rated torque, high idle, minimum permitted engine speed at full load, low idle; 
</P>
<P>(5) Fuel consumption at rated horsepower(s) and at the maximum rated torque; 
</P>
<P>(6) Fuel injection timing; and 
</P>
<P>(7) Performance specifications of turbocharger, if applicable. 
</P>
<P>(c) The application shall include dimensional drawings (including tolerances) of the following components specifying all details affecting the technical requirements of this subpart. Composite drawings specifying the required construction details may be submitted instead of individual drawings of the following components—
</P>
<P>(1) Cylinder head; 
</P>
<P>(2) Piston; 
</P>
<P>(3) Inlet valve; 
</P>
<P>(4) Exhaust valve; 
</P>
<P>(5) Cam shaft—profile; 
</P>
<P>(6) Fuel cam shaft, if applicable; 
</P>
<P>(7) Injector body; 
</P>
<P>(8) Injector nozzle; 
</P>
<P>(9) Injection fuel pump; 
</P>
<P>(10) Governor; 
</P>
<P>(11) Turbocharger, if applicable; 
</P>
<P>(12) Aftercooler, if applicable; 
</P>
<P>(13) Valve guide; 
</P>
<P>(14) Cylinder head gasket; and 
</P>
<P>(15) Precombustion chamber, if applicable. 
</P>
<P>(d) The application shall include a drawing showing the general arrangement of the engine. 
</P>
<P>(e) All drawings shall be titled, dated, numbered, and include the latest revision number. 
</P>
<P>(f) When all necessary testing has been completed, the following information shall be submitted: 
</P>
<P>(1) The gaseous ventilation rate for the rated speed and horsepower. 
</P>
<P>(2) The particulate index for the rated speed and horsepower. 
</P>
<P>(3) A fuel deration chart for altitudes for each rated speed and horsepower. 


</P>
</DIV8>


<DIV8 N="§ 7.84" NODE="30:1.0.1.2.5.5.1.4" TYPE="SECTION">
<HEAD>§ 7.84   Technical requirements.</HEAD>
<P>(a) <I>Fuel injection adjustment.</I> The fuel injection system of the engine shall be constructed so that the quantity of fuel injected can be controlled at a desired maximum value. This adjustment shall be changeable only after breaking a seal or by altering the design. 
</P>
<P>(b) <I>Maximum fuel-air ratio.</I> At the maximum fuel-air ratio determined by § 7.87 of this part, the concentrations (by volume, dry basis) of carbon monoxide (CO) and oxides of nitrogen (NO<E T="52">X</E>) in the undiluted exhaust gas shall not exceed the following: 
</P>
<P>(1) There shall be no more than 0.30 percent CO and no more than 0.20 percent NO<E T="52">X</E> for category A engines. 
</P>
<P>(2) There shall be no more than 0.25 percent CO and no more than 0.20 percent NO<E T="52">X</E> for category B engines. 
</P>
<P>(c) <I>Gaseous emissions ventilation rate.</I> Ventilation rates necessary to dilute gaseous exhaust emissions to the following values shall be determined under § 7.88 of this part: 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">Carbon dioxide</TD><TD align="left" class="gpotbl_cell">−5000 ppm 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Carbon monoxide</TD><TD align="left" class="gpotbl_cell">−50 ppm 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Nitric oxide</TD><TD align="left" class="gpotbl_cell">−25 ppm 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Nitrogen dioxide</TD><TD align="left" class="gpotbl_cell">−5 ppm</TD></TR></TABLE></DIV></DIV>
<FP>A gaseous ventilation rate shall be determined for each requested speed and horsepower rating as described in § 7.88(b) of this part. 
</FP>
<P>(d) <I>Fuel deration.</I> The fuel rates specified in the fuel deration chart shall be based on the tests conducted under paragraphs (b) and (c) of this section and shall ensure that the maximum fuel:air (f/a) ratio determined under paragraph (b) of this section is not exceeded at the altitudes specified in the fuel deration chart. 
</P>
<P>(e) <I>Particulate index.</I> For each rated speed and horsepower requested, the particulate index necessary to dilute the exhaust particulate emissions to 1 mg/m
<SU>3</SU> shall be determined under § 7.89 of this part. 


</P>
</DIV8>


<DIV8 N="§ 7.85" NODE="30:1.0.1.2.5.5.1.5" TYPE="SECTION">
<HEAD>§ 7.85   Critical characteristics.</HEAD>
<P>The following critical characteristics shall be inspected or tested on each diesel engine to which an approval marking is affixed—
</P>
<P>(a) Fuel rate is set properly; and 
</P>
<P>(b) Fuel injection pump adjustment is sealed, if applicable. 


</P>
</DIV8>


<DIV8 N="§ 7.86" NODE="30:1.0.1.2.5.5.1.6" TYPE="SECTION">
<HEAD>§ 7.86   Test equipment and specifications.</HEAD>
<P>(a) Dynamometer test cell shall be used in determining the maximum f/a ratio, gaseous ventilation rates, and the particulate index. 
</P>
<P>(1) The following testing devices shall be provided: 
</P>
<P>(i) An apparatus for measuring torque that provides an accuracy of ±2.0 percent based on the engine's maximum value; 
</P>
<P>(ii) An apparatus for measuring revolutions per minute (rpm) that provides an accuracy of ±2.0 percent based on the engine's maximum value; 
</P>
<P>(iii) An apparatus for measuring temperature that provides an accuracy of ±4 °F (2 °C) of the absolute value except for the exhaust gas temperature device that provides an accuracy of ±27 °F (15 °C); 
</P>
<P>(iv) An apparatus for measuring intake and exhaust restriction pressures that provides an accuracy of ±5 percent of maximum; 
</P>
<P>(v) An apparatus for measuring atmospheric pressure that provides an accuracy of ±0.5 percent of reading; 
</P>
<P>(vi) An apparatus for measuring fuel flow that provides an accuracy of ±2 percent based on the engine's maximum value; 
</P>
<P>(vii) An apparatus for measuring the inlet air flow rate of the diesel engine that provides an accuracy of ±2 percent based on the engine's maximum value; and 
</P>
<P>(viii) For testing category A engines, an apparatus for metering in 1.0 ±0.1 percent, by volume, of methane (CH<E T="52">4</E>) into the intake air system shall be provided. 
</P>
<P>(2) The test fuel specified in Table E-1 shall be a low volatile hydrocarbon fuel commercially designated as “Type 2-D” grade diesel fuel. The fuel may contain nonmetallic additives as follows: Cetane improver, metal deactivator, antioxidant, dehazer, antirust, pour depressant, dye, dispersant, and biocide. 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table E-1—Diesel Test Fuel Specifications
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Item 
</TH><TH class="gpotbl_colhed" scope="col">ASTM 
</TH><TH class="gpotbl_colhed" scope="col">Type 2-D 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Cetane number</TD><TD align="left" class="gpotbl_cell">D613</TD><TD align="left" class="gpotbl_cell">40-48
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Cetane index</TD><TD align="left" class="gpotbl_cell">D976</TD><TD align="left" class="gpotbl_cell">40-48 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Distillation range: 
</TD><TD align="left" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">IBP °F</TD><TD align="left" class="gpotbl_cell">D86</TD><TD align="left" class="gpotbl_cell">340-400
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 8em">(°C)</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(171.1-204.4)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">10 pct. point, °F</TD><TD align="left" class="gpotbl_cell">D86</TD><TD align="left" class="gpotbl_cell">400-460 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 8em">(°C)</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(204.4-237.8)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">50 pct. point, °F</TD><TD align="left" class="gpotbl_cell">D86</TD><TD align="left" class="gpotbl_cell">470.540
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 8em">(°C)</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(243.3-282.2)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">90 pct. point, °F</TD><TD align="left" class="gpotbl_cell">D86</TD><TD align="left" class="gpotbl_cell">560-630
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 8em">(°C)</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(293.3-332.2)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">EP, °F</TD><TD align="left" class="gpotbl_cell">D86</TD><TD align="left" class="gpotbl_cell">610-690
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 8em">(°C)</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(321.1-365.6)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Gravity,°API</TD><TD align="left" class="gpotbl_cell">D287</TD><TD align="left" class="gpotbl_cell">32-37 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Total sulfur, pct.</TD><TD align="left" class="gpotbl_cell">D2622</TD><TD align="left" class="gpotbl_cell">0.03-0.05
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Hydrocarbon composition: 
</TD><TD align="left" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Aromatics, pct.</TD><TD align="left" class="gpotbl_cell">D1319</TD><TD align="left" class="gpotbl_cell">27 minimum
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Paraffins, naphthenes, olefins</TD><TD align="left" class="gpotbl_cell">D1319</TD><TD align="left" class="gpotbl_cell">Remainder
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Flashpoint, minimum, °F</TD><TD align="left" class="gpotbl_cell">93</TD><TD align="left" class="gpotbl_cell">130
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(°C)</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(54.4)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Viscosity, centistokes</TD><TD align="left" class="gpotbl_cell">445</TD><TD align="left" class="gpotbl_cell">2.0-3.2</TD></TR></TABLE></DIV></DIV>
<P>(3) The test fuel temperature at the inlet to the diesel engine's fuel injection pump shall be controlled to the engine manufacturer's specification. 
</P>
<P>(4) The engine coolant temperature (if applicable) shall be maintained at normal operating temperatures as specified by the engine manufacturer. 
</P>
<P>(5) The charge air temperature and cooler pressure drop (if applicable) shall be set to within ±7 °F(4 °C) and ±0.59 inches Hg (2kPa) respectively, of the manufacturer's specification. 
</P>
<P>(b) Gaseous emission sampling system shall be used in determining the gaseous ventilation rates. 
</P>
<P>(1) The schematic of the gaseous sampling system shown in Figure E-1 shall be used for testing category A engines. Various configurations of Figure E-1 may produce equivalent results. The components in Figure E-1 are designated as follows—
</P>
<P>(i) Filters—F1, F2, F3, and F4; 
</P>
<P>(ii) Flowmeters—FL1, FL2, FL3, FL4, FL5, FL6, and FL7; 
</P>
<P>(iii) Upstream Gauges—G1, G2, and G5; 
</P>
<P>(iv) Downstream Gauges—G3, G4, and G6; 
</P>
<P>(v) Pressure Gauges—P1, P2, P3, P4, P5, and P6; 
</P>
<P>(vi) Regulators—R1, R2, R3, R4, R5, R6, and R7; 
</P>
<P>(vii) Selector Valves—V1, V2, V3, V4, V6, V7, V8, V15, and V19; 
</P>
<P>(viii) Heated Selector Valves—V5, V13, V16, and V17; 
</P>
<P>(ix) Flow Control Valves—V9, V10, V11 and V12; 
</P>
<P>(x) Heated Flow Control Valves—V14 and V18; 
</P>
<P>(xi) Pump—Sample Transfer Pump; 
</P>
<P>(xii) Temperature Sensor—(T1); 
</P>
<P>(xiii) Dryer—D1 and D2; and 
</P>
<P>(xiv) Water traps—WT1 and WT2. 
</P>
<P>(A) Water removal from the sample shall be done by condensation. 
</P>
<P>(B) The sample gas temperature or dew point shall be monitored either within the water trap or downstream of the water trap and shall not exceed 45 °F (7 °C). 
</P>
<P>(C) Chemical dryers are not permitted. 
</P>
<img src="/graphics/er25oc96.000.gif"/>
<P>(2) The schematic of the gaseous sampling system shown in Figure E-2 shall be used for testing category B engines. Various configurations of Figure E-2 may produce equivalent results. The components are designated as follows—
</P>
<P>(i) Filters—F1, F2, F3, and F4; 
</P>
<P>(ii) Flowmeters—FL1, FL2, FL3, and FL4; 
</P>
<P>(iii) Upstream Gauges—G1, and G2; 
</P>
<P>(iv) Downstream Gauges—G3, and G4; 
</P>
<P>(v) Pressure Gauges—P1, P2, P3, and P4; 
</P>
<P>(vi) Regulators—R1, R2, R3, and R4; 
</P>
<P>(vii) Selector Valves—V1, V2, V3, V4, V6, and V7; 
</P>
<P>(viii) Heated Selector Valves—V5, V8, and V12; 
</P>
<P>(ix) Flow Control Valves—V9, V10, V11; 
</P>
<P>(x) Heated Flow Control Valves—V13; 
</P>
<P>(xi) Pump—Sample Transfer Pump; 
</P>
<P>(xii) Temperature Sensor—(T1); and 
</P>
<P>(xiii) Water traps—WT1 and WT2. 
</P>
<P>(A) Water removal from the sample shall be done by condensation. 
</P>
<P>(B) The sample gas temperature or dew point shall be monitored either within the water trap or downstream of the water trap and shall not exceed 45 °F (7 °C). 
</P>
<P>(C) Chemical dryers are not permitted. 
</P>
<P>(3) All components or parts of components that are in contact with the sample gas or corrosive calibration gases shall be corrosion-resistant material. 
</P>
<img src="/graphics/er25oc96.001.gif"/>
<P>(4) All analyzers shall obtain the sample to be analyzed from the same sample probe. 
</P>
<P>(5) CO and CO<E T="52">2</E> measurements shall be made on a dry basis. 
</P>
<P>(6) Calibration or span gases for the NO<E T="52">X</E> measurement system shall pass through the NO<E T="52">2</E> to NO converter. 
</P>
<P>(7) A stainless steel sample probe shall be straight, closed-end, multi-holed, and shall be placed inside the exhaust pipe. 
</P>
<P>(i) The probe length shall be at least 80 percent of the diameter of the exhaust pipe. 
</P>
<P>(ii) The inside diameter of the sample probe shall not be greater than the inside diameter of the sample line. 
</P>
<P>(iii) The heated sample line shall have a 0.197 inch (5 mm) minimum and a 0.53 inch (13.5 mm) maximum inside diameter. 
</P>
<P>(iv) The wall thickness of the probe shall not be greater than 0.040 inch (1 mm). 
</P>
<P>(v) There shall be a minimum of 3 holes in 3 different radial planes sized to sample approximately the same flow. 
</P>
<P>(8) The sample probe shall be located in the exhaust pipe at a minimum distance of 1.6 feet (0.5 meters) or 3 times the diameter of the exhaust pipe, whichever is the larger, from the exhaust manifold outlet flange or the outlet of the turbocharger. The exhaust gas temperature at the sample probe shall be a minimum of 158 °F (70 °C). 
</P>
<P>(9) The maximum allowable leakage rate on the vacuum side of the analyzer pump shall be 0.5 percent of the in-use flow rate for the portion of the system being checked. 
</P>
<P>(10) <I>General analyzer specifications.</I> (i) The total measurement error, including the cross sensitivity to other gases, (paragraphs (b)(11)(ii), (b)(12)(iii), (b)(13)(iii), and (b)(13)(iv) of this section), shall not exceed ±5 percent of the reading or ±3.5 percent of full scale, whichever is smaller. For concentrations of less than 100 ppm the measurement error shall not exceed ±4 ppm. 
</P>
<P>(ii) The repeatability, defined as 2.5 times the standard deviation of 10 repetitive responses to a given calibration or span gas, must be no greater than ±1 percent of full scale concentration for each range used above 155 parts per million (ppm) or parts per million equivalent carbon (ppmC) or ±2 percent of each range used below 155 ppm (or ppmC). 
</P>
<P>(iii) The analyzer peak to peak response to zero and calibration or span gases over any 10 second period shall not exceed 2 percent of full scale on all ranges used. 
</P>
<P>(iv) The analyzer zero drift during a 1-hour period shall be less than 2 percent of full scale on the lowest range used. The zero-response is the mean response, including noise, to a zero gas during a 30-second time interval. 
</P>
<P>(v) The analyzer span drift during a 1-hour period shall be less than 2 percent of full scale on the lowest range used. The analyzer span is defined as the difference between the span response and the zero response. The span response is the mean response, including noise, to a span gas during a 30-second time interval. 
</P>
<P>(11) <I>CO and CO</I><E T="52">2</E> analyzer specifications. (i) Measurements shall be made with nondispersive infrared (NDIR) analyzers. 
</P>
<P>(ii) For the CO analyzer, the water and CO<E T="52">2</E> interference shall be less than 1 percent of full scale for ranges equal to or greater than 300 ppm (3 ppm for ranges below 300 ppm) when a CO<E T="52">2</E> span gas concentration of 80 percent to 100 percent of full scale of the maximum operating range used during testing is bubbled through water at room temperature. 
</P>
<P>(12) For NO<E T="52">X</E> analysis using a chemiluminescence (CL) analyzer the following parameters shall apply: 
</P>
<P>(i) From the sample point to the NO<E T="52">2</E> to NO converter, the NO<E T="52">X</E> sample shall be maintained between 131 °F (55 °C) and 392 °F (200 °C). 
</P>
<P>(ii) The NO<E T="52">2</E> to NO converter efficiency shall be at least 90 percent. 
</P>
<P>(iii) The quench interference from CO<E T="52">2</E> and water vapor must be less than 3.0 percent. 
</P>
<P>(13) For NO<E T="52">X</E> analysis using an NDIR analyzer system the following parameters shall apply: 
</P>
<P>(i) The system shall include a NO<E T="52">2</E> to NO converter, a water trap, and a NDIR analyzer. 
</P>
<P>(ii) From the sample point to the NO<E T="52">2</E> to NO converter, the NO<E T="52">X</E> sample shall be maintained between 131 °F (55 °C) and 392 °F (200 °C). 
</P>
<P>(iii) The minimum water rejection ratio (maximum water interference) for the NO<E T="52">X</E> NDIR analyzer shall be 5,000:1. 
</P>
<P>(iv) The minimum CO<E T="52">2</E> rejection ratio (maximum CO<E T="52">2</E> interference) for the NO<E T="52">X</E> NDIR analyzer shall be 30,000:1. 
</P>
<P>(14) When CH<E T="52">4</E> is measured using a heated flame ionization detector (HFID) the following shall apply: 
</P>
<P>(i) The analyzer shall be equipped with a constant temperature oven that houses the detector and sample-handling components. 
</P>
<P>(ii) The detector, oven, and sample-handling components shall be suitable for continuous operation at temperatures of 374 °F (190 °C) ±18 °F (10 °C). 
</P>
<P>(iii) The analyzer fuel shall contain 40 ±2 percent hydrogen. The balance shall be helium. The mixture shall contain ≤1 part per million equivalent carbon (ppmC), and ≤400 ppm CO.
</P>
<P>(iv) The burner air shall contain &lt;2 ppmC hydrocarbon. 
</P>
<P>(v) The percent of oxygen interference shall be less than 5 percent. 
</P>
<P>(15) An NDIR analyzer for measuring CH<E T="52">4</E> may be used in place of the HFID specified in paragraph (b)(14) of this section and shall conform to the requirements of paragraph (b)(10) of this section. Methane measurements shall be made on a dry basis. 
</P>
<P>(16) Calibration gas values shall be traceable to the National Institute for Standards and Testing (NIST), “Standard Reference Materials” (SRM's). The analytical accuracy of the calibration gas values shall be within 2.0 percent of NIST gas standards. 
</P>
<P>(17) Span gas values shall be traceable to NIST SRM's. The analytical accuracy of the span gas values shall be within 2.0 percent of NIST gas standards. 
</P>
<P>(18) Calibration or span gases for the CO and CO<E T="52">2</E> analyzers shall have purified nitrogen as a diluent. Calibration or span gases for the CH<E T="52">4</E> analyzer shall be CH<E T="52">4</E> with purified synthetic air or purified nitrogen as diluent. 
</P>
<P>(19) Calibration or span gases for the NO<E T="52">X</E> analyzer shall be NO with a maximum NO<E T="52">2</E> concentration of 5 percent of the NO content. Purified nitrogen shall be the diluent. 
</P>
<P>(20) Zero-grade gases for the CO, CO<E T="52">2</E>, CH<E T="52">4</E> , and NO<E T="52">X</E> analyzers shall be either purified synthetic air or purified nitrogen. 
</P>
<P>(21) The allowable zero-grade gas (purified synthetic air or purified nitrogen) impurity concentrations shall not exceed ≤1ppm C, ≤1 ppm CO, ≤400 ppm CO<E T="52">2</E>, and ≤0.1 ppm NO. 
</P>
<P>(22) The calibration and span gases may also be obtained by means of a gas divider. The accuracy of the mixing device must be such that the concentration of the diluted calibration gases are within 2 percent. 
</P>
<P>(c) Particulate sampling system shall be used in determining the particulate index. A schematic of a full flow (single dilution) particulate sampling system for testing under this subpart is shown in Figures E-3 and E-4. 
</P>
<P>(1) The dilution system shall meet the following parameters: 
</P>
<P>(i) Either a positive displacement pump (PDP) or a critical flow venturi (CFV) shall be used as the pump/mass measurement device shown in Figure E-3. 
</P>
<P>(ii) The total volume of the mixture of exhaust and dilution air shall be measured. 
</P>
<P>(iii) All parts of the system from the exhaust pipe up to the filter holder, which are in contact with raw and diluted exhaust gas, shall be designed to minimize deposition or alteration of the particulate. 
</P>
<P>(iv) All parts shall be made of electrically conductive materials that do not react with exhaust gas components. 
</P>
<P>(v) All parts shall be electrically grounded to prevent electrostatic effects. 
</P>
<P>(vi) Systems other than full flow systems may also be used provided they yield equivalent results where: 
</P>
<P>(A) A seven sample pair (or larger) correlation study between the system under consideration and a full flow dilution system shall be run concurrently. 
</P>
<P>(B) Correlation testing is to be performed at the same laboratory, test cell, and on the same engine. 
</P>
<P>(C) The equivalency criterion is defined as a ±5 percent agreement of the sample pair averages. 
</P>
<P>(2) The mass of particulate in the exhaust shall be collected by filtration. The exhaust temperature immediately before the primary particulate filter shall not exceed 125 °F (52.0 °C). 
</P>
<P>(3) Exhaust system backpressure shall not be artificially lowered by the PDP, CFV systems or dilution air inlet system. Static exhaust backpressure measured with the PDP or CFV system operating shall remain within ±0.44 inches Hg (1.5 kPa) of the static pressure measured without being connected to the PDP or CFV at identical engine speed and load. 
</P>
<P>(4) The gas mixture temperature shall be measured at a point immediately ahead of the pump or mass measurement device. 
</P>
<P>(i) Using PDP, the gas mixture temperature shall be maintained within ±10 °F (6.0 °C) of the average operating temperature observed during the test, when no flow compensation is used. 
</P>
<P>(ii) Flow compensation can be used provided that the temperature at the inlet to the PDP does not exceed 122 °F (50 °C). 
</P>
<P>(iii) Using CFV, the gas mixture temperature shall be maintained within ±20 °F (11 °C) of the average operating temperature observed during the test, when no flow compensation is used. 
</P>
<P>(5) The heat exchanger shall be of sufficient capacity to maintain the temperature within the limits required above and is optional if electronic flow compensation is used. 
</P>
<P>(6) When the temperature at the inlet of either the PDP or CFV exceeds the limits stated in either paragraphs (c)(4)(i) or (c)(4)(iii) of this section, an electronic flow compensation system shall be required for continuous measurement of the flow rate and control of the proportional sampling in the particulate sampling system. 
</P>
<P>(7) The flow capacity of the system shall be large enough to eliminate water condensation. 
</P>
<img src="/graphics/er25oc96.002.gif"/>
<img src="/graphics/er25oc96.003.gif"/>
<P>(8) The flow capacity of the PDP or CFV system using single dilution shall maintain the diluted exhaust at 125 °F (52.0 °C) or less immediately before the primary particulate filter. 
</P>
<P>(9) The flow capacity of the PDP or CFV system using a double dilution system shall be sufficient to maintain the diluted exhaust in the dilution tunnel at 375 °F (191 °C) or less at the sampling zone. 
</P>
<P>(10) The secondary dilution system shall provide sufficient secondary dilution air to maintain the double-diluted exhaust stream at 125 °F (52.0 °C) or less immediately before the primary particulate filter. 
</P>
<P>(11) The gas flow meters or the mass flow measurement instrumentation shall have a maximum error of the measured value within ±2 percent of reading. 
</P>
<P>(12) The dilution air shall have a temperature of 77 °F ±9 °F (25 °C ±5 °C), and be—
</P>
<P>(i) Filtered at the air inlet; or 
</P>
<P>(ii) Sampled to determine background particulate levels, which can then be subtracted from the values measured in the exhaust stream. 
</P>
<P>(13) The dilution tunnel shall have the following specifications: 
</P>
<P>(i) Be small enough in diameter to cause turbulent flow (Reynolds number greater than 4,000) and of sufficient length to cause complete mixing of the exhaust and dilution air; 
</P>
<P>(ii) Be at least 3 inches (75 mm) in diameter; and 
</P>
<P>(iii) Be configured to direct the engine exhaust downstream at the point where it is introduced into the dilution tunnel for thorough mixing. 
</P>
<P>(14) The exhaust pipe length from the exit of the engine exhaust manifold or turbocharger outlet to the dilution tunnel shall not exceed a total length of 32 feet (10 m). 
</P>
<P>(i) When the exhaust pipe exceeds 12 feet (4 m), then all pipe in excess of 12 feet (4 m) shall be insulated with a radial thickness of at least 1.0 inch (25 mm) and the thermal conductivity of the insulating material shall be no greater than 0.1 W/mK measured at 752 °F (400 °C). 
</P>
<P>(ii) To reduce the thermal inertia of the exhaust pipe, the thickness to diameter ratio shall be 0.015 or less. 
</P>
<P>(iii) The use of flexible sections shall be limited to the length to diameter ratio of 12 or less. 
</P>
<P>(15) The particulate sample probe shall—
</P>
<P>(i) Be installed in the dilution tunnel facing upstream, on the dilution tunnel centerline, and approximately 10 dilution tunnel diameters downstream of the point where the engine's exhaust enters the dilution tunnel; and 
</P>
<P>(ii) Have 0.5 inches (12 mm) minimum inside diameter. 
</P>
<P>(16) The inlet gas temperature to the particulate sample pump or mass measurement device shall remain a constant temperature of ±5 °F (3.0 °C) if flow compensation is not used. 
</P>
<P>(17) The secondary dilution portion of the double dilution system shall have: 
</P>
<P>(i) A particulate transfer tube shall have a 0.5 inch (12 mm) minimum inside diameter not to exceed 40 inches (1020 mm) in length measured from the probe tip to the secondary dilution tunnel has: 
</P>
<P>(A) An inlet with the transfer tube facing upstream in the primary dilution tunnel, centerline, and approximately 10 dilution tunnel diameters downstream of the point where the engine's exhaust enters the dilution tunnel. 
</P>
<P>(B) An outlet where the transfer tube exits on the centerline of the secondary tunnel and points downstream. 
</P>
<P>(ii) A secondary tunnel that has a minimum diameter of 3.0 inches (75 mm), and of sufficient length to provide a residence time of at least 0.25 seconds for the double-diluted sample. 
</P>
<P>(iii) Secondary dilution air supplied at a temperature of 77 °F ±9 °F (25 °C ±5 °C).
</P>
<P>(iv) A primary filter holder located within 12.0 inches (300 mm) of the exit of the secondary tunnel. 
</P>
<P>(18) The particulate sampling filters shall—
</P>
<P>(i) Be fluorocarbon-coated glass fiber filters or fluorocarbon-based (membrane) filters and have a 0.3 µm di-octylphthalate (DOP) collection efficiency of at least 95 percent at a gas face velocity between 35 and 80 cm/s.; 
</P>
<P>(ii) Have a minimum diameter of 1.85 inches (47 mm), 1.46 inches (37 mm) stain diameter;
</P>
<P>(iii) Have a minimum filter loading ratio of 0.5mg/1075 mm 
<SU>2</SU> stain area for the single filter method. 
</P>
<P>(iv) Have minimum filter loading such that the sum of all eight (8) multiple filters is equal to the minimum loading value (mg) for a single filter multiplied by the square root of eight (8). 
</P>
<P>(v) Be sampled at the same time by a pair of filters in series (one primary and one backup filter) so that: 
</P>
<P>(A) The backup filter holder shall be located no more than 4 inches (100 mm) downstream of the primary filter holder. 
</P>
<P>(B) The primary and backup filters shall not be in contact with each other. 
</P>
<P>(C) The filters may be weighed separately or as a pair with the filters placed stain side to stain side. 
</P>
<P>(D) The single filter method incorporates a bypass system for passing the sample through the filters at the desired time. 
</P>
<P>(vi) Have a pressure drop increase between the beginning and end of the test of no more than 7.4 in Hg (25kPa). 
</P>
<P>(vii) Filters of identical quality shall be used when performing correlation tests specified in paragraph (c)(1)(vi) of this section. 
</P>
<P>(19) <I>Weighing chamber specifications.</I> (i) The temperature of the chamber (room) in which the particulate filters are conditioned and weighed shall be maintained to within 72 °F ±5 °F (22 °C ±3 °C) during all filter conditioning and weighing. 
</P>
<P>(ii) The humidity of the chamber (room) in which the particulate filters are conditioned and weighed shall be maintained to a dewpoint of 49 °F ±5 °F (9.5 °C ±3 °C) and a relative humidity of 45 percent ±8 percent during all filter conditioning and weighing. 
</P>
<P>(iii) The chamber (room) environment shall be free of any ambient contaminants (such as dust) that would settle on the particulate filters during their stabilization. This shall be determined as follows: 
</P>
<P>(A) At least two unused reference filters or reference filter pairs shall be weighed within four (4) hours of, but preferably at the same time as the sample filter (pair) weighings. 
</P>
<P>(B) The reference filters are to be the same size and material as the sample filters. 
</P>
<P>(C) If the average weight of reference filters (reference filter pairs) changes between sample filter weighings by more than ±5.0 percent (±7.5 percent for the filter pair respectively) of the recommended minimum filter loading in paragraphs (c)(18)(iii) or (c)(18)(iv) of this section, then all sample filters shall be discarded and the tests repeated. 
</P>
<P>(20) The analytical balance used to determine the weights of all filters shall have a precision (standard deviation) of 20 µg and resolution of 10 µg. For filters less than 70 mm diameter, the precision and resolution shall be 2 µg and 1 µg, respectively. 
</P>
<P>(21) All filters shall be neutralized to eliminate the effects of static electricity prior to weighing. 


</P>
</DIV8>


<DIV8 N="§ 7.87" NODE="30:1.0.1.2.5.5.1.7" TYPE="SECTION">
<HEAD>§ 7.87   Test to determine the maximum fuel-air ratio.</HEAD>
<P>(a) <I>Test procedure.</I> (1) Couple the diesel engine to the dynamometer and connect the sampling and measurement devices specified in § 7.86. 
</P>
<P>(2) Prior to testing, zero and span the CO and NO<E T="52">X</E> analyzers to the lowest analyzer range that will be used during this test. 
</P>
<P>(3) While running the engine, the following shall apply: 
</P>
<P>(i) The parameter for the laboratory atmospheric factor, f<E T="52">a</E>, shall be: 0.98≤f<E T="52">a</E>≤1.02; 
</P>
<P>(A) The equation is f<E T="52">a</E> = ( 99/P<E T="52">s</E>) * ((T<E T="52">a</E> + 273)/298)
<SU>0.7</SU> for a naturally aspirated and mechanically supercharged engines; or 
</P>
<P>(B) The equation is f<E T="52">a</E> = (99/P<E T="52">s</E>)
<SU>0.7</SU>* ((T<E T="52">a</E> + 273)/298)
<SU>1.5</SU> for a turbocharged engine with or without cooling of the intake air. 
</P>
<EXTRACT>
<FP>Where: 
</FP>
<FP-2>P<E T="52">s</E> = dry atmospheric pressure (kPa) 
</FP-2>
<FP-2>T<E T="52">a</E> = intake air temperature (°C)</FP-2></EXTRACT>
<P>(ii) The air inlet restriction shall be set within ±10 percent of the recommended maximum air inlet restriction as specified by the engine manufacturer at the engine operating condition giving maximum air flow to determine the concentration of CO as specified in paragraph (a)(6) of this section. 
</P>
<P>(iii) The exhaust backpressure restriction shall be set within ±10 percent of the maximum exhaust backpressure as specified by the engine manufacturer at the engine operating condition giving maximum rated horsepower to determine the concentrations of CO and NO<E T="52">X</E> as specified in paragraph (a)(6)of this section. 
</P>
<P>(iv) The air inlet restriction shall be set within ±10 percent of a recommended clean air filter at the engine operating condition giving maximum air flow as specified by the engine manufacturer to determine the concentration of NO<E T="52">X</E> as specified in paragraph (a)(6) of this section. 
</P>
<P>(4) The engine shall be at a steady-state condition when the exhaust gas samples are collected and other test data is measured. 
</P>
<P>(5) In a category A engine, 1.0 ±0.1 percent CH<E T="52">4</E> shall be injected into the engine's intake air. 
</P>
<P>(6) Operate the engine at several speed/torque conditions to determine the concentrations of CO and NO<E T="52">X</E>, dry basis, in the raw exhaust. 
</P>
<P>(b) <I>Acceptable performance.</I> The CO and NO<E T="52">X</E> concentrations in the raw exhaust shall not exceed the limits specified in § 7.84(b) throughout the specified operational range of the engine. 


</P>
</DIV8>


<DIV8 N="§ 7.88" NODE="30:1.0.1.2.5.5.1.8" TYPE="SECTION">
<HEAD>§ 7.88   Test to determine the gaseous ventilation rate.</HEAD>
<P>The test shall be performed in the order listed in Table E-2. The test for determination of the particulate index described in § 7.89 may be done simultaneously with this test. 
</P>
<P>(a) <I>Test procedure.</I> (1) Couple the diesel engine to the dynamometer and attach the sampling and measurement devices specified in § 7.86. 
</P>
<P>(2) A minimum time of 10 minutes is required for each test mode. 
</P>
<P>(3) CO, CO<E T="52">2</E>, NO<E T="52">X</E>, and CH<E T="52">4</E> analyzers shall be zeroed and spanned at the analyzer range to be used prior to testing. 
</P>
<P>(4) Run the engine. 
</P>
<P>(i) The parameter for f<E T="52">a</E> shall be calculated in accordance with § 7.87(a)(3). 
</P>
<P>(ii) The air inlet and exhaust backpressure restrictions on the engine shall be set as specified in §§ 7.87(a)(3) (iii) and (iv). 
</P>
<P>(5) The engine shall be at a steady-state condition before starting the test modes. 
</P>
<P>(i) The output from the gas analyzers shall be measured and recorded with exhaust gas flowing through the analyzers a minimum of the last three (3) minutes of each mode. 
</P>
<P>(ii) To evaluate the gaseous emissions, the last 60 seconds of each mode shall be averaged. 
</P>
<P>(iii) A 1.0 ±0.1 percent CH<E T="52">4</E>, by volume, shall be injected into the engine's intake air for category A engines. 
</P>
<P>(iv) The engine speed and torque shall be measured and recorded at each test mode. 
</P>
<P>(v) The data required for use in the gaseous ventilation calculations specified in paragraph (a)(9) of this section shall be measured and recorded at each test mode. 
</P>
<P>(6) Operate the engine at each rated speed and horsepower rating requested by the applicant according to Table E-2 in order to measure the raw exhaust gas concentration, dry basis, of CO, CO<E T="52">2</E>, NO, and NO<E T="52">2</E>, and CH<E T="52">4</E>- exhaust (category A engines only). 
</P>
<P>(i) Test speeds shall be maintained within ±1 percent of rated speed or ±3 RPM, which ever is greater, except for low idle which shall be within the tolerances established by the manufacturer. 
</P>
<P>(ii) The specified torque shall be held so that the average over the period during which the measurements are taken is within ±2 percent of the maximum torque at the test speed. 
</P>
<P>(7) The concentration of CH<E T="52">4</E> in the intake air shall be measured for category A engines. 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table E-2—Gaseous Test Modes
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Speed
</TH><TH class="gpotbl_colhed" colspan="4" scope="col">Rated speed
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Intermediate speed
</TH><TH class="gpotbl_colhed" scope="col">Low-idle speed
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">% Torque
</TH><TH class="gpotbl_colhed" scope="col">100
</TH><TH class="gpotbl_colhed" scope="col">75
</TH><TH class="gpotbl_colhed" scope="col">50
</TH><TH class="gpotbl_colhed" scope="col">10
</TH><TH class="gpotbl_colhed" scope="col">100
</TH><TH class="gpotbl_colhed" scope="col">75
</TH><TH class="gpotbl_colhed" scope="col">50
</TH><TH class="gpotbl_colhed" scope="col">0 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(8) After completion of the test modes, the following shall be done: 
</P>
<P>(i) Zero and span the analyzers at the ranges used during the test. 
</P>
<P>(ii) The gaseous emission test shall be acceptable if the difference in the zero and span results taken before the test and after the test are less than 2 percent. 
</P>
<P>(9) The gaseous ventilation rate for each exhaust gas contaminant shall be calculated as follows—
</P>
<P>(i) The following abbreviations shall apply to both category A and category B engine calculations as appropriate: 
</P>
<EXTRACT>
<FP-1>cfm—Cubic feet per min (ft
<SU>3</SU>/min) 
</FP-1>
<FP-1>Exh—Exhaust 
</FP-1>
<FP-1>A—Air (lbs/hr) 
</FP-1>
<FP-1>H—Grains of water per lb. of dry intake air 
</FP-1>
<FP-1>J—Conversion factor 
</FP-1>
<FP-1>m—Mass flow rate (mass/hr) 
</FP-1>
<FP-1>TI—Intake air temperature (°F) 
</FP-1>
<FP-1>PCAir—Percent Air 
</FP-1>
<FP-1>PCCH<E T="52">4</E>—Percent CH<E T="52">4</E> (intake air) 
</FP-1>
<FP-1>UCH<E T="52">4</E>—Unburned CH<E T="52">4</E> 
</FP-1>
<FP-1>PCECH<E T="52">4</E>—Percent Exhaust CH<E T="52">4</E></FP-1></EXTRACT>
<P>(ii) Exhaust gas flow calculation for category B engines shall be (m Exh) = (A) + (m fuel). 
</P>
<P>(iii) Fuel/air ratio for category B engines shall be (f/a) = (m fuel) / (A). 
</P>
<P>(iv) Methane flow through category A engines shall be determined by the following: 
</P>
<FP-2>PCAir = 100−PCCH<E T="52">4</E>
</FP-2>
<FP-2>Y = (PCAir)(0.289) + (PCCH<E T="52">4</E>)(0.16) 
</FP-2>
<FP-2>Z = (0.16)(PCCH<E T="52">4</E>) ÷ Y 
</FP-2>
<FP-2>mCH<E T="52">4</E> = (A)(Z) ÷ (1−Z)
</FP-2>
<P>(v) Exhaust gas flow calculation for category A engines shall be (m Exh) = (A) + (m fuel) + (m CH<E T="52">4</E>) 
</P>
<P>(vi) Unburned CH<E T="52">4</E> (lbs/hr) calculation for category A engines shall be mUCH<E T="52">4</E> = (m Exh)(0.0052)(PCECH<E T="52">4</E>) 
</P>
<P>(vii) Fuel/air ratio for category A engines shall be (f/a) = ((m fuel) + (m CH<E T="52">4</E>)−(m UCH<E T="52">4</E>)) ÷ (A) 
</P>
<P>(viii) Conversion from dry to wet basis for both category A and category B engines shall be: 
</P>
<FP-2>(NO wet basis) = (NO dry basis)(J) 
</FP-2>
<FP-2>(NO<E T="52">2</E> wet basis) = (NO<E T="52">2</E> dry basis)(J) 
</FP-2>
<FP-2>(CO<E T="52">2</E> wet basis) = (CO<E T="52">2</E> dry basis)(J) 
</FP-2>
<FP-2>(CO wet basis) = (CO dry basis)(10<E T="51">−4</E>)(J)
</FP-2>
<EXTRACT>
<FP>Where: 
</FP>
<FP-2>J = (f/a)(−1.87) + (1 − (0.00022)(H))</FP-2></EXTRACT>
<P>(ix) NO and NO<E T="52">2</E> correction for humidity and temperature for category A and category B engines shall be: 
</P>
<FP-2>(NO corr) = (NO wet basis) ÷ (E) 
</FP-2>
<FP-2>(NO<E T="52">2</E> corr) = (NO<E T="52">2</E> wet basis) ÷ (E) 
</FP-2>
<EXTRACT>
<FP>Where: 
</FP>
<FP-2>E = 1.0 + (R)(H − 75) + (G)(TI − 77) 
</FP-2>
<FP-2>R = (f/a)(0.044) − (0.0038) 
</FP-2>
<FP-2>G = (f/a)(−0.116) + (0.0053)</FP-2></EXTRACT>
<P>(x) The calculations to determine the m of each exhaust gas contaminant in grams per hour at each test point shall be as follows for category A and category B engines: 
</P>
<FP-2>(m NO) = (NO corr)(0.000470)(m Exh) 
</FP-2>
<FP-2>(m NO<E T="52">2</E>) = (NO<E T="52">2</E> corr)(0.000720)(m Exh) 
</FP-2>
<FP-2>(m CO<E T="52">2</E>) = (CO<E T="52">2</E> wet basis)(6.89)(m Exh) 
</FP-2>
<FP-2>(m CO) = (CO wet basis)(4.38)(m Exh) 
</FP-2>
<P>(xi) The calculations to determine the ventilation rate for each exhaust gas contaminant at each test point shall be as follows for category A and category B engines: 
</P>
<FP-2>(cfm NO) = (m NO)(K) 
</FP-2>
<FP-2>(cfm NO<E T="52">2</E>) = (m NO<E T="52">2</E>)(K) 
</FP-2>
<FP-2>(cfm CO<E T="52">2</E>) = (m CO<E T="52">2</E>)(K) 
</FP-2>
<FP-2>(cfm CO) = (m CO)(K) 
</FP-2>
<EXTRACT>
<FP>Where: 
</FP>
<FP-2>K = 13,913.4/ (pollutant grams/mole) (pollutant dilution value specified in § 7.84(c)).</FP-2></EXTRACT>
<P>(b) The gaseous ventilation rate for each requested rated speed and horsepower shall be the highest ventilation rate calculated in paragraph (a)(9)(xi) of this section. 
</P>
<P>(1) Ventilation rates less than 20,000 cfm shall be rounded up to the next 500 cfm. 
</P>
<P>Example: 10,432 cfm shall be listed 10,500 cfm. 
</P>
<P>(2) Ventilation rates greater than 20,000 cfm shall be rounded up to the next 1,000 cfm. 
</P>
<P>Example: 26,382 cfm shall be listed 27,000 cfm. 
</P>
<CITA TYPE="N">[61 FR 55504, Oct. 25, 1996; 62 FR 34640, June 27, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 7.89" NODE="30:1.0.1.2.5.5.1.9" TYPE="SECTION">
<HEAD>§ 7.89   Test to determine the particulate index.</HEAD>
<P>The test shall be performed in the order listed in Table E-3. 
</P>
<P>(a) <I>Test procedure.</I> (1) Couple the diesel engine to the dynamometer and connect the sampling and measurement devices specified in § 7.86. 
</P>
<P>(2) A minimum time of 10 minutes is required for each measuring point. 
</P>
<P>(3) Prior to testing, condition and weigh the particulate filters as follows: 
</P>
<P>(i) At least 1 hour before the test, each filter (pair) shall be placed in a closed, but unsealed, petri dish and placed in a weighing chamber (room) for stabilization. 
</P>
<P>(ii) At the end of the stabilization period, each filter (pair) shall be weighed. The reading is the tare weight. 
</P>
<P>(iii) The filter (pair) shall then be stored in a closed petri dish or a filter holder, both of which shall remain in the weighing chamber (room) until needed for testing. 
</P>
<P>(iv) The filter (pair) must be re-weighed if not used within 8 hours of its removal from the weighing chamber (room). 
</P>
<P>(4) Run the engine. 
</P>
<P>(i) The parameter for f<E T="52">a</E> shall be calculated in accordance with § 7.87(a)(3). 
</P>
<P>(ii) The air inlet and exhaust backpressure restrictions on the engine shall be set as specified in §§ 7.87(a)(3) (iii) and (iv). 
</P>
<P>(iii) The dilution air shall be set to obtain a maximum filter face temperature of 125 °F (52 °C) or less at each test mode. 
</P>
<P>(iv) The total dilution ratio shall not be less than 4. 
</P>
<P>(5) The engine shall be at a steady state condition before starting the test modes. 
</P>
<P>(i) The engine speed and torque shall be measured and recorded at each test mode. 
</P>
<P>(ii) The data required for use in the particulate index calculation specified in paragraph (a)(9) of this section shall be measured and recorded at each test mode. 
</P>
<P>(6) A 1.0 ±0.1 percent CH<E T="52">4</E>, by volume shall be injected into the engine's intake air for category A engines. 
</P>
<P>(7) Operate the engine at each rated speed and horsepower rating requested by the applicant according to Table E-3 to collect particulate on the primary filter. 
</P>
<P>(i) One pair of single filters shall be collected or eight multiple filter pairs shall be collected. 
</P>
<P>(ii) Particulate sampling shall be started after the engine has reached a steady-state condition. 
</P>
<P>(iii) The sampling time required per mode shall be either a minimum of 20 seconds for the single filter method or a minimum of 60 seconds for the multiple filter method. 
</P>
<P>(iv) The minimum particulate loading specified in §§ 7.86(c)(18) (iii) or (iv) shall be done. 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table E-3—Particulate Test Modes 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Speed
</TH><TH class="gpotbl_colhed" colspan="4" scope="col">Rated speed
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Intermediate speed
</TH><TH class="gpotbl_colhed" scope="col">Low-idle speed
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">% Torque
</TH><TH class="gpotbl_colhed" scope="col">100
</TH><TH class="gpotbl_colhed" scope="col">75
</TH><TH class="gpotbl_colhed" scope="col">50
</TH><TH class="gpotbl_colhed" scope="col">10
</TH><TH class="gpotbl_colhed" scope="col">100
</TH><TH class="gpotbl_colhed" scope="col">75
</TH><TH class="gpotbl_colhed" scope="col">50
</TH><TH class="gpotbl_colhed" scope="col">0 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Weighting factor</TD><TD align="right" class="gpotbl_cell">0.15</TD><TD align="right" class="gpotbl_cell">0.15</TD><TD align="right" class="gpotbl_cell">0.15</TD><TD align="right" class="gpotbl_cell">0.1</TD><TD align="right" class="gpotbl_cell">0.1</TD><TD align="right" class="gpotbl_cell">0.1</TD><TD align="right" class="gpotbl_cell">0.1</TD><TD align="right" class="gpotbl_cell">0.15</TD></TR></TABLE></DIV></DIV>
<P>(v) Test speeds shall be maintained within ±percent of rated speed or ±3 RPM, which ever is greater, except for low idle which shall be within the tolerances set by the manufacturer. 
</P>
<P>(vi) The specified torque shall be held so that the average over the period during which the measurements are being taken is within ±2 percent of the maximum torque at the test speed. 
</P>
<P>(vii) The modal weighting factors (WF) given in Table E-3 shall be applied to the multiple filter method during the calculations as shown in paragraph (a)(9)(iii)(B) of this section. 
</P>
<P>(viii) For the single filter method, the modal WF shall be taken into account during sampling by taking a sample proportional to the exhaust mass flow for each mode of the cycle. 
</P>
<P>(8) After completion of the test, condition and weigh the particulate filters in the weighing chamber (room) as follows: 
</P>
<P>(i) Condition the filters for at least 1 hour, but not more than 80 hours. 
</P>
<P>(ii) At the end of the stabilization period, weigh each filter. The reading is the gross weight. 
</P>
<P>(iii) The particulate mass of each filter is its gross weight minus its tare weight. 
</P>
<P>(iv) The particulate mass (P<E T="52">F</E> for the single filter method; P<E T="52">F</E>,<E T="52">i</E> for the multiple filter method) is the sum of the particulate masses collected on the primary and back-up filters. 
</P>
<P>(v) The test is void and must be rerun if the sample on the filter contacts the petri dish or any other surface. 
</P>
<P>(9) The particulate index for the mass particulate shall be calculated from the equations listed below—
</P>
<P>(i) The following abbreviations shall be: 
</P>
<EXTRACT>
<FP-1>cfm—Cubic feet per min (ft
<SU>3</SU> min) 
</FP-1>
<FP-1>PT—Particulate (gr/hr) 
</FP-1>
<FP-1>m mix—Diluted exhaust gas mass flow rate on wet basis (kg/hr) 
</FP-1>
<FP-1>m sample—Mass of the diluted exhaust sample passed through the particulate sampling filters (kg) 
</FP-1>
<FP-1>P<E T="52">f</E>—Particulate sample mass collected on a filter (mg) at each test mode as determined in Table E-3. 
</FP-1>
<FP-1>K<E T="52">p</E>—Humidity correction factor for particulate 
</FP-1>
<FP-1>WF—Weighting factor 
</FP-1>
<FP-1>i-Subscript denoting an individual mode, i = 1, . . . n 
</FP-1>
<FP-1>PI—Particulate Index (cfm)</FP-1></EXTRACT>
<P>(ii) When calculating ambient humidity correction for the particulate concentration (P<E T="52">f</E> part), the equation shall be: 
</P>
<FP-2>P<E T="52">fcorr</E> = (P<E T="52">f</E>)(K<E T="52">p</E>)
</FP-2>
<FP-2>K<E T="52">p</E> = 1 / (1 + 0.0133 * (H − 10.71)) 
</FP-2>
<EXTRACT>
<FP>Where: 
</FP>
<FP-2>H<E T="52">a</E> = humidity of the intake air, g water per kg dry air 
</FP-2>
<FP-2>H<E T="52">a</E> = (6.220 * R<E T="52">a</E> * p<E T="52">a</E>) / (p<E T="52">B</E>−p<E T="52">a</E> − R<E T="52">a</E> * 10<E T="51">−2</E>) 
</FP-2>
<FP-2>R<E T="52">a</E> = relative humidity of the intake air, % 
</FP-2>
<FP-2>p<E T="52">a</E> = saturation vapor pressure of the intake air, kPa
</FP-2>
<FP-2>p<E T="52">B</E> = total barometric pressure, kPa</FP-2></EXTRACT>
<P>(iii) When the multiple filter method is used, the following equations shall be used. 
</P>
<P>(A) Mass of particulate emitted is calculated as follows: 
</P>
<MATH BORDER="NODRAW" DEEP="34" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er25oc96.004.gif"/></MATH>
<P>(B) Determination of weighted particulate average is calculated as follows:
</P>
<MATH BORDER="NODRAW" DEEP="29" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er25oc96.005.gif"/></MATH>
<P>(C) Determination of particulate index for the mass particulate from the average of the test modes shall be calculated as follows:
</P>
<MATH BORDER="NODRAW" DEEP="40" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er25oc96.006.gif"/></MATH>
<P>(iv) When the single filter method is used, the following equations shall be used.
</P>
<P>(A) Mass of particulate emitted:
</P>
<MATH BORDER="NODRAW" DEEP="30" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er25oc96.007.gif"/></MATH>
<FP>Where: 
</FP>
<MATH BORDER="NODRAW" DEEP="29" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er25oc96.008.gif"/></MATH>
<MATH BORDER="NODRAW" DEEP="29" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er25oc96.009.gif"/></MATH>
<P>(B) Determination of particulate index for the mass particulate from the average of the test modes shall be as follows:
</P>
<MATH BORDER="NODRAW" DEEP="40" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er25oc96.010.gif"/></MATH>
<P>(v) When the effective weighting factor, WF<E T="52">E</E>,<E T="52">i</E>, for each mode is calculated for the single filter method, the following shall apply.
</P>
<MATH BORDER="NODRAW" DEEP="34" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er25oc96.011.gif"/></MATH>
<P>(B) The value of the effective weighting factors shall be within ±0.005 (absolute value) of the weighting factors listed in Table E-3.
</P>
<P>(b) A particulate index for each requested rated speed and horsepower shall be the value determined in paragraph (a)(9)(iii)(C) of this section for the multiple filter method or paragraph (a)(9)(iv)(B) of this section for the single filter method. 
</P>
<P>(1) Particulate indices less than 20,000 cfm shall be rounded up to the next 500 cfm. Example: 10,432 cfm shall be listed 10,500 cfm. 
</P>
<P>(2) Particulate indices greater than 20,000 cfm shall be rounded up to the nearest thousand 1,000 cfm. Example: 26,382 cfm shall be listed 27,000 cfm. 
</P>
<CITA TYPE="N">[61 FR 55504, Oct. 25, 1996; 62 FR 34640, June 27, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 7.90" NODE="30:1.0.1.2.5.5.1.10" TYPE="SECTION">
<HEAD>§ 7.90   Approval marking.</HEAD>
<P>Each approved diesel engine shall be identified by a legible and permanent approval marking inscribed with the assigned MSHA approval number and securely attached to the diesel engine. The marking shall also contain the following information: 
</P>
<P>(a) Ventilation rate. 
</P>
<P>(b) Rated power. 
</P>
<P>(c) Rated speed. 
</P>
<P>(d) High idle. 
</P>
<P>(e) Maximum altitude before deration. 
</P>
<P>(f) Engine model number. 


</P>
</DIV8>


<DIV8 N="§ 7.91" NODE="30:1.0.1.2.5.5.1.11" TYPE="SECTION">
<HEAD>§ 7.91   Post-approval product audit.</HEAD>
<P>Upon request by MSHA, but no more than once a year except for cause, the approval holder shall make a diesel engine available for audit at no cost to MSHA. 


</P>
</DIV8>


<DIV8 N="§ 7.92" NODE="30:1.0.1.2.5.5.1.12" TYPE="SECTION">
<HEAD>§ 7.92   New technology.</HEAD>
<P>MSHA may approve a diesel engine that incorporates technology for which the requirements of this subpart are not applicable if MSHA determines that the diesel engine is as safe as those which meet the requirements of this subpart. 


</P>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.2.5.6" TYPE="SUBPART">
<HEAD>Subpart F—Diesel Power Packages Intended for Use in Areas of Underground Coal Mines Where Permissible Electric Equipment is Required</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>61 FR 55518, Oct. 25, 1996, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 7.95" NODE="30:1.0.1.2.5.6.1.1" TYPE="SECTION">
<HEAD>§ 7.95   Purpose and effective date.</HEAD>
<P>Part 7, subpart A general provisions apply to subpart F. Subpart F establishes the specific requirements for MSHA approval of diesel power packages intended for use in approved equipment in areas of underground coal mines where electric equipment is required to be permissible. It is effective November 25, 1996. 


</P>
</DIV8>


<DIV8 N="§ 7.96" NODE="30:1.0.1.2.5.6.1.2" TYPE="SECTION">
<HEAD>§ 7.96   Definitions.</HEAD>
<P>In addition to the definitions in subparts A and E of this part, the following definitions apply in this subpart. 
</P>
<P><I>Cylindrical joint.</I> A joint comprised of two contiguous, concentric, cylindrical surfaces. 
</P>
<P><I>Diesel power package.</I> A diesel engine with an intake system, exhaust system, and a safety shutdown system installed. 
</P>
<P><I>Dry exhaust conditioner.</I> An exhaust conditioner that cools the exhaust gas without direct contact with water. 
</P>
<P><I>Exhaust conditioner.</I> An enclosure, containing a cooling system, through which the exhaust gases pass. 
</P>
<P><I>Exhaust system.</I> A system connected to the outlet of the diesel engine which includes, but is not limited to, the exhaust manifold, the exhaust pipe, the exhaust conditioner, the exhaust flame arrester, and any adapters between the exhaust manifold and exhaust flame arrester. 
</P>
<P><I>Fastening.</I> A bolt, screw, or stud used to secure adjoining parts to prevent the escape of flame from the diesel power package. 
</P>
<P><I>Flame arrester.</I> A device so constructed that flame or sparks from the diesel engine cannot propagate an explosion of a flammable mixture through it. 
</P>
<P><I>Flame arresting path (explosion-proof joint).</I> Two or more adjoining or adjacent surfaces between which the escape of flame is prevented. 
</P>
<P><I>Flammable mixture.</I> A mixture of methane or natural gas with normal air, that will propagate flame or explode when ignited. 
</P>
<P><I>Grade.</I> The slope of an incline expressed as a percent. 
</P>
<P><I>High idle speed.</I> The maximum no load speed specified by the engine manufacturer. 
</P>
<P><I>Intake system.</I> A system connected to the inlet of the diesel engine which includes, but is not limited to, the intake manifold, the intake flame arrester, the emergency intake air shutoff device, the air cleaner, and all piping and adapters between the intake manifold and air cleaner. 
</P>
<P><I>Plane joint.</I> A joint comprised of two adjoining surfaces in parallel planes. 
</P>
<P><I>Safety shutdown system.</I> A system which, in response to signals from various safety sensors, recognizes the existence of a potential hazardous condition and automatically shuts off the fuel supply to the engine. 
</P>
<P><I>Step (rabbet) joint.</I> A joint comprised of two adjoining surfaces with a change or changes in direction between its inner and outer edges. A step joint may be composed of a cylindrical portion and a plane portion or of two or more plane portions. 
</P>
<P><I>Threaded joint.</I> A joint consisting of a male- and female-threaded member, both of which are the same type and gauge. 
</P>
<P><I>Wet exhaust conditioner.</I> An exhaust conditioner that cools the exhaust gas through direct contact with water, commonly called a water scrubber. 


</P>
</DIV8>


<DIV8 N="§ 7.97" NODE="30:1.0.1.2.5.6.1.3" TYPE="SECTION">
<HEAD>§ 7.97   Application requirements.</HEAD>
<P>(a) An application for approval of a diesel power package shall contain sufficient information to document compliance with the technical requirements of this subpart and include: drawings, specifications, and descriptions with dimensions (including tolerances) demonstrating compliance with the technical requirements of § 7.98. The specifications and descriptions shall include the materials of construction and quantity. These shall include the following—
</P>
<P>(1) A general arrangement drawing showing the diesel power package and the location and identification of the intake system, exhaust system, safety shutdown system sensors, flame arresters, exhaust conditioner, emergency intake air shutoff device, automatic fuel shutoff device and the engine. 
</P>
<P>(2) Diesel engine specifications including the MSHA approval number, the engine manufacturer, the engine model number, and the rated speed, rated horsepower, and fuel rate. 
</P>
<P>(3) A drawing(s) which includes the fan blade material specifications, the location and identification of all water-cooled components, coolant lines, radiator, surge tank, temperature sensors, and orifices; arrows indicating proper flow direction; the height relationship of water-cooled components to the surge tank; and the proper procedure for filling the cooling system. 
</P>
<P>(4) A drawing(s) showing the relative location, identification of components, and design of the safety shutdown system. 
</P>
<P>(5) Specific component identification, or specific information including detail drawings that identify the characteristics of the cooling system and safety shutdown system that ensures compliance with the technical requirements. 
</P>
<P>(6) Detail drawings of gaskets used to form flame-arresting paths. 
</P>
<P>(7) An assembly drawing showing the location and identification of all intake system components from the air cleaner to the engine head. 
</P>
<P>(8) An assembly drawing showing the location and identification of all exhaust system components from the engine head to the exhaust outlet. 
</P>
<P>(9) Detail drawings of those intake and exhaust system components identified in paragraphs (a)(7) and (a)(8) of this section that ensure compliance with the technical requirements. An exhaust conditioner assembly drawing shall be provided showing the location, dimensions, and identification of all internal parts, exhaust inlet and outlet, sensors, and the exhaust gas path through the exhaust conditioner. If a wet exhaust conditioner is used, the exhaust conditioner assembly drawing must also show the location, dimensions, and identification of the fill port, drain port, low water check port; high or normal operating water level; minimum allowable low water level; and the maximum allowable grade that maintains explosion-proof operations. 
</P>
<P>(10) A power package checklist which shall consist of a list of specific features that must be checked and tests that must be performed to determine if a previously approved diesel power package is in approved condition. Test procedures shall be specified in sufficient detail to allow the evaluation to be made without reference to other documents. Illustrations shall be used to fully identify the approved configuration of the diesel power package. 
</P>
<P>(11) Information showing that the electrical systems and components meet the requirements of § 7.98. 
</P>
<P>(12) A drawing list consisting of a complete list of those drawings and specifications which show the details of the construction and design of the diesel power package. 
</P>
<P>(b) Composite drawings specifying the required construction details may be submitted instead of the individual drawings in paragraph (a) of this section. 
</P>
<P>(c) All documents shall be titled, dated, numbered, and include the latest revision. 
</P>
<P>(d) When all testing has been completed, the following information shall be submitted and become part of the approval documentation: 
</P>
<P>(1) The settings of any adjustable devices used to meet the performance requirements of this subpart. 
</P>
<P>(2) The coolant temperature sensor setting and exhaust gas temperature sensor setting used to meet the performance requirements of this subpart. 
</P>
<P>(3) The minimum allowable low water level and the low water sensor setting used to meet the performance requirements of this subpart for systems using a wet exhaust conditioner as the exhaust flame arrester. 
</P>
<P>(4) The maximum grade on which the wet exhaust conditioner can be operated retaining the flame arresting characteristics. 
</P>
<P>(5) A finalized version of the power package checklist. 


</P>
</DIV8>


<DIV8 N="§ 7.98" NODE="30:1.0.1.2.5.6.1.4" TYPE="SECTION">
<HEAD>§ 7.98   Technical requirements.</HEAD>
<P>(a) The diesel power package shall use a category A diesel engine approved under subpart E of this part with the following additional requirements: 
</P>
<P>(1) A hydraulic, pneumatic, or other mechanically actuated starting mechanism. Other means of starting shall be evaluated in accordance with the provisions of § 7.107. 
</P>
<P>(2) If an air compressor is provided, the intake air line shall be connected to the engine intake system between the air cleaner and the flame arrester. If the air compressor's inlet air line is not connected to the engine's intake system, it shall have an integral air filter. 
</P>
<P>(b) The temperature of any external surface of the diesel power package shall not exceed 302 °F (150 °C). 
</P>
<P>(1) Diesel power package designs using water jacketing to meet this requirement shall be tested in accordance with § 7.101. 
</P>
<P>(2) Diesel power packages using other techniques will be evaluated under the provisions of § 7.107. 
</P>
<P>(3) When using water-jacketed components, provisions shall be made for positive circulation of coolant, venting of the system to prevent the accumulation of air pockets, and effective activation of the safety shutdown system before the temperature of the coolant in the jackets exceeds the manufacturer's specifications or 212 °F (100 °C), whichever is lower. 
</P>
<P>(c) External rotating parts shall not be constructed of aluminum alloys containing more than 0.6 percent magnesium. 
</P>
<P>(d) If nonmetallic rotating parts are used, they shall be provided with a means to prevent an accumulation of static electricity. Static conducting materials shall have a total resistance of 1 megohm or less, measured with an applied potential of 500 volts or more. Static conducting materials having a total resistance greater than 1 megohm will be evaluated under the provisions of § 7.107. 
</P>
<P>(e) All V-belts shall be static conducting and have a resistance not exceeding 6 megohms, when measured with a direct current potential of 500 volts or more. 
</P>
<P>(f) The engine crankcase breather shall not be connected to the air intake system of the engine. The discharge from the breather shall be directed away from hot surfaces of the engine and exhaust system. 
</P>
<P>(g) Electrical components on diesel power packages shall be certified or approved by MSHA under parts 7, 18, 20, and 27 of this chapter. 
</P>
<P>(h) Electrical systems on diesel power packages consisting of electrical components, interconnecting wiring, and mechanical and electrical protection shall meet the requirements of parts 7, 18, and 27 of this chapter, as applicable. 
</P>
<P>(i) The diesel power package shall be equipped with a safety shutdown system which will automatically shut off the fuel supply and stop the engine in response to signals from sensors indicating—
</P>
<P>(1) The coolant temperature limit specified in paragraph (b) of this section; 
</P>
<P>(2) The exhaust gas temperature limit specified in paragraph (s)(4) of this section; 
</P>
<P>(3) The minimum allowable low water level, for a wet exhaust conditioner, as established by tests in § 7.100. Restarting of the engine shall be prevented until the water level in the wet exhaust conditioner has been replenished above the minimum allowable low water level; and 
</P>
<P>(4) The presence of other safety hazards such as high methane concentration, actuation of the fire suppression system, etc., if such sensors are included in the safety shutdown system. 
</P>
<P>(j) The safety shutdown system shall have the following features: 
</P>
<P>(1) A means to automatically disable the starting circuit and prevent engagement of the starting mechanism while the engine is running, or a starting mechanism constructed of nonsparking materials. 
</P>
<P>(2) If the design of the safety shutdown system requires that the lack of engine oil pressure must be overridden to start the engine, the override shall not be capable of overriding any of the safety shutdown sensors specified in paragraph (i) of this section. 
</P>
<P>(k) The diesel power package shall be explosion-proof as determined by the tests set out in § 7.100. 
</P>
<P>(l) Engine joints that directly or indirectly connect the combustion chamber to the surrounding atmosphere shall be explosion-proof in accordance with paragraphs (m) through (q) of this section and § 7.100. This paragraph does not apply to the following: 
</P>
<P>(1) Pistons to piston rings; 
</P>
<P>(2) Pistons to cylinder walls; 
</P>
<P>(3) Piston rings to cylinder walls; 
</P>
<P>(4) Cylinder head to cylinder block; 
</P>
<P>(5) Valve stem to valve guide; or 
</P>
<P>(6) Injector body to cylinder head. 
</P>
<P>(m) Each segment of the intake system and exhaust system required to provide explosion-proof features shall be constructed of metal and designed to withstand a minimum internal pressure equal to four times the maximum pressure observed in that segment in tests under § 7.100 or a pressure of 150 psig, whichever is less. Castings shall be free from blowholes. 
</P>
<P>(n) Welded joints forming the explosion-proof intake and exhaust systems shall be continuous and gas-tight. At a minimum, they shall be made in accordance with American Welding Society Standard D14.4-77 or meet the test requirements of § 7.104 with the internal pressure equal to four times the maximum pressure observed in tests under § 7.100 or a pressure of 150 psig, whichever is less. 
</P>
<P>(o) Flexible connections shall be permitted in segments of the intake and exhaust systems required to provide explosion-proof features, provided that failure of the connection activates the safety shutdown system before the explosion-proof characteristics are lost. 
</P>
<P>(p) Flame-arresting paths in the intake and exhaust systems shall be formed either by—
</P>
<P>(1) Flanged metal to metal joints meeting the requirements of paragraph (q) of this section; or 
</P>
<P>(2) Metal flanges fitted with metal gaskets and meeting the following requirements: 
</P>
<P>(i) Flat surfaces between bolt holes that form any part of a flame-arresting path shall be planed to within a maximum deviation of one-half the maximum clearance specified in paragraph (q)(7) of this section. All metal surfaces forming a flame-arresting path shall be finished during the manufacturing process to not more than 250 microinches. 
</P>
<P>(ii) A means shall be provided to ensure that fastenings maintain the tightness of joints. The means provided shall not lose its effectiveness through repeated assembly and disassembly. 
</P>
<P>(iii) Fastenings shall be as uniform in size as practicable to preclude improper assembly. 
</P>
<P>(iv) Holes for fastenings shall not penetrate to the interior of an intake or exhaust system and shall be threaded to ensure that all specified bolts or screws will not bottom even if the washers are omitted. 
</P>
<P>(v) Fastenings used for joints of flame-arresting paths on intake or exhaust systems shall be used only for attaching parts that are essential in maintaining the explosion-proof integrity. They shall not be used for attaching brackets or other parts. 
</P>
<P>(vi) The minimum thickness of material for flanges shall be 
<FR>1/2</FR>-inch, except that a final thickness of 
<FR>7/16</FR>-inch is allowed after machining rolled plate. 
</P>
<P>(vii) The maximum fastening spacing shall be 6 inches. 
</P>
<P>(viii) The minimum diameter of fastenings shall be 
<FR>3/8</FR>-inch, except smaller diameter fastenings may be used if the joint first meets the requirements of the static pressure test in § 7.104, and the explosion test in § 7.100. 
</P>
<P>(ix) The minimum thread engagement of fastenings shall be equal to or greater than the nominal diameter of the fastenings specified, or the intake or exhaust system must meet the test requirements of the explosion tests in § 7.100 and the static pressure test in § 7.104. 
</P>
<P>(x) The minimum contact surface of gaskets forming flame-arresting paths shall be 
<FR>3/8</FR>-inch, and the thickness of the gaskets shall be no greater than 
<FR>1/16</FR>-inch. The minimum distance from the interior edge of a gasket to the edge of a fastening hole shall be 
<FR>3/8</FR>-inch. The gaskets shall be positively positioned, and a means shall be provided to preclude improper installation. When the joint is completely assembled, it shall be impossible to insert a 0.0015-inch thickness gauge to a depth exceeding 
<FR>1/8</FR>-inch between the gasket and mating flanges. Other gasket designs shall be evaluated in accordance with § 7.107. 
</P>
<P>(q) The following construction requirements shall apply to flame-arresting paths formed without gaskets: 
</P>
<P>(1) Flat surfaces between fastening holes that form any part of a flame-arresting path shall be planed to within a maximum deviation of one-half the maximum clearance specified in paragraph (q)(7) of this section. All metal surfaces forming a flame-arresting path shall be finished during the manufacturing process to not more than 250 microinches. A thin film of nonhardening preparation to inhibit rusting may be applied to these finished metal surfaces, as long as the final surface can be readily wiped free of any foreign materials. 
</P>
<P>(2) A means shall be provided to ensure that fastenings maintain the tightness of joints. The means provided shall not lose its effectiveness through repeated assembly and disassembly. 
</P>
<P>(3) Fastenings shall be as uniform in size as practicable to preclude improper assembly. 
</P>
<P>(4) Holes for fastenings shall not penetrate to the interior of an intake or exhaust system and shall be threaded to ensure that all specified bolts or screws will not bottom even if the washers are omitted. 
</P>
<P>(5) Fastenings used for joints of flame-arresting paths on intake or exhaust systems shall be used only for attaching parts that are essential in maintaining the explosion-proof integrity. They shall not be used for attaching brackets or other parts. 
</P>
<P>(6) The flame-arresting path of threaded joints shall conform to the requirements of paragraph (q)(7) of this section. 
</P>
<P>(7) Intake and exhaust systems joints shall meet the specifications set out in Table F-1.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table F-1—Dimensional Requirements for Explosion-Proof Intake and Exhaust System Joints
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum thickness of material for flanges</TD><TD align="left" class="gpotbl_cell">
<fr>1/2</fr>″
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum width of joint; all in one plane</TD><TD align="left" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum clearance; joint all in one plane</TD><TD align="left" class="gpotbl_cell">0.004″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum width of joint, portions of which are different planes; cylinders or equivalent</TD><TD align="left" class="gpotbl_cell">
<fr>3/4</fr>″
<sup>2</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum clearances; joint in two or more planes, cylinders or equivalent: 
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Portion perpendicular to plane</TD><TD align="left" class="gpotbl_cell">0.008″
<sup>3</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Plane portion</TD><TD align="left" class="gpotbl_cell">0.006″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum fastening 
<sup>4</sup> spacing; joints all in one plane 
<sup>5</sup></TD><TD align="left" class="gpotbl_cell">6″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum fastening spacing; joints, portions of which are in different planes</TD><TD align="left" class="gpotbl_cell">8″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum diameter of fastening (without regard to type of joint) 
<sup>6</sup></TD><TD align="left" class="gpotbl_cell">
<fr>3/8</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum thread engagement of fastening 
<sup>7</sup></TD><TD align="left" class="gpotbl_cell">
<fr>3/8</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum diametrical clearance between fastening body and unthreaded holes through which it passes 
<sup>8 9 10</sup></TD><TD align="left" class="gpotbl_cell">
<fr>1/16</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum distance from interior of the intake or exhaust system to the edge of a fastening hole: 
<sup>11</sup> 
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Joint-minimum width 1″</TD><TD align="left" class="gpotbl_cell">
<fr>7/16</fr>″
<sup>8 12</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Shafts centered by ball or roller bearings: 
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Minimum length of flame-arresting path</TD><TD align="left" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Maximum diametrical clearance</TD><TD align="left" class="gpotbl_cell">0.030″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Other cylindrical joints: 
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Minimum length of flame-arresting path</TD><TD align="left" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Maximum diametrical clearance</TD><TD align="left" class="gpotbl_cell">0.010″ 
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> 
<fr>1/16</fr>-inch less is allowable for machining rolled plate. 
</P><P class="gpotbl_note">
<sup>2</sup> If only two planes are involved, neither portion of a joint shall be less than 
<fr>1/8</fr>-inch wide, unless the wider portion conforms to the same requirements as those for a joint that is all in one plane. If more than two planes are involved (as in labyrinths or tongue-in-groove joints), the combined lengths of those portions having prescribed clearances are considered. 
</P><P class="gpotbl_note">
<sup>3</sup> The allowable diametrical clearance is 0.008-inch when the portion perpendicular to the plane portion is 
<fr>1/4</fr>-inch or greater in length. If the perpendicular portion is more than 
<fr>1/8</fr>-inch but less than 
<fr>1/4</fr>-inch wide, the diametrical clearance shall not exceed 0.006-inch. 
</P><P class="gpotbl_note">
<sup>4</sup> Studs, when provided, shall bottom in blind holes, be completely welded in place, or have the bottom of the hole closed with a plug secured by weld or braze. Fastenings shall be provided at all corners. 
</P><P class="gpotbl_note">
<sup>5</sup> The requirements as to diametrical clearance around the fastening and minimum distance from the fastening hole to the inside of the intake or exhaust system apply to steel dowel pins. In addition, when such pins are used, the spacing between centers of the fastenings on either side of the pin shall not exceed 5 inches. 
</P><P class="gpotbl_note">
<sup>6</sup> Fastening diameters smaller than specified may be used if the joint or assembly meets the test requirements of § 7.104. 
</P><P class="gpotbl_note">
<sup>7</sup> Minimum thread engagement shall be equal to or greater than the nominal diameter of the fastening specified, or the intake or exhaust system must meet the test requirements of § 7.104. 
</P><P class="gpotbl_note">
<sup>8</sup> The requirements as to diametrical clearance around the fastening and minimum distance from the fastening hole to the inside of the intake or exhaust system apply to steel dowel pins. In addition, when such pins are used, the spacing between centers of the fastenings on either side of the pin shall not exceed 5 inches. 
</P><P class="gpotbl_note">
<sup>9</sup> This maximum clearance only applies when the fastening is located within the flame-arresting path. 
</P><P class="gpotbl_note">
<sup>10</sup> Threaded holes for fastenings shall be machined to remove burrs or projections that affect planarity of a surface forming a flame-arresting path. 
</P><P class="gpotbl_note">
<sup>11</sup> Edge of the fastening hole shall include any edge of any machining done to the fastening hole, such as chamfering. 
</P><P class="gpotbl_note">
<sup>12</sup> If the diametrical clearance for fastenings does not exceed 
<fr>1/32</fr>-inch, then the minimum distance shall be 
<fr>1/4</fr>-inch.</P></DIV></DIV>
<P>(r) <I>Intake system.</I> (1) The intake system shall include a device between the air cleaner and intake flame arrester, operable from the equipment operator's compartment, to shut off the air supply to the engine for emergency purposes. Upon activation, the device must operate immediately and the engine shall stop within 15 seconds. 
</P>
<P>(2) The intake system shall include a flame arrester that will prevent an explosion within the system from propagating to a surrounding flammable mixture when tested in accordance with the explosion tests in § 7.100. The flame arrester shall be located between the air cleaner and the intake manifold and shall be attached so that it can be removed for inspection or cleaning. The flame arrester shall be constructed of corrosion-resistant metal and meet the following requirements: 
</P>
<P>(i) Two intake flame arrester designs, the spaced-plate type and the crimped ribbon type, will be tested in accordance with the requirements of § 7.100. Variations to these designs or other intake flame arrester designs will be evaluated under the provisions of § 7.107. 
</P>
<P>(ii) In flame arresters of the spaced-plate type, the thickness of the plates shall be at least 0.125-inch; spacing between the plates shall not exceed 0.018-inch; and the flame-arresting path formed by the plates shall be at least 1 inch wide. The unsupported length of the plates shall be short enough that permanent deformation resulting from explosion tests shall not exceed 0.002-inch. The plates and flame arrester housing shall be an integral unit which cannot be disassembled. 
</P>
<P>(iii) In flame arresters of the crimped ribbon type, the dimensions of the core openings shall be such that a plug gauge 0.018-inch in diameter shall not pass through, and the flame-arresting path core thickness shall be at least 1 inch. The core and flame arrester housing shall be an integral unit which cannot be disassembled. 
</P>
<P>(3) The intake system shall be designed so that improper installation of the flame arrester is impossible. 
</P>
<P>(4) The intake system shall include an air cleaner service indicator. The air cleaner shall be installed so that only filtered air will enter the flame arrester. The air cleaner shall be sized and the service indicator set in accordance with the engine manufacturer's recommendations. Unless the service indicator is explosion-proof, it shall be located between the air cleaner and flame arrester, and the service indicator setting shall be reduced to account for the additional restriction imposed by the flame arrester. 
</P>
<P>(5) The intake system shall include a connection between the intake flame arrester and the engine head for temporary attachment of a device to indicate the total vacuum in the system. This opening shall be closed by a plug or other suitable device that is sealed or locked in place except when in use. 
</P>
<P>(s) <I>Exhaust system.</I> (1) The exhaust system shall include a flame arrester that will prevent propagation of flame or discharge of glowing particles to a surrounding flammable mixture. The flame arrester shall be constructed of corrosion-resistant metal. 
</P>
<P>(i) If a mechanical flame arrester is used, it shall be positioned so that only cooled exhaust gas at a maximum temperature of 302 °F (150 °C) will be discharged through it. 
</P>
<P>(ii) If a mechanical flame arrester of the spaced-plate type is used, it must meet the requirements of paragraph (r)(2)(ii) of this section and the test requirements of § 7.100. Variations to the spaced-plate flame arrester design and other mechanical flame arrester designs shall be evaluated under the provisions of § 7.107. The flame arrester shall be designed and attached so that it can be removed for inspection and cleaning. 
</P>
<P>(2) The exhaust system shall allow a wet exhaust conditioner to be used as the exhaust flame arrester provided that the explosion tests of § 7.100 demonstrate that the wet exhaust conditioner will arrest flame. When used as a flame arrester, the wet exhaust conditioner shall be equipped with a sensor to automatically activate the safety shutdown system at or above the minimum allowable low water level established by § 7.100. Restarting of the engine shall be prevented until the water supply in the wet exhaust conditioner has been replenished above the minimum allowable low water level. All parts of the wet exhaust conditioner and associated components that come in contact with contaminated exhaust conditioner water shall be constructed of corrosion-resistant material. The wet exhaust conditioner shall include a means for verifying that the safety shutdown system operates at the proper water level. A means shall be provided for draining and cleaning the wet exhaust conditioner. The final exhaust gas temperature at discharge from the wet exhaust conditioner shall not exceed 170 °F (76 °C) under test conditions specified in § 7.102. A sensor shall be provided that activates the safety shutdown system before the exhaust gas temperature at discharge from the wet exhaust conditioner exceeds 185 °F (85 °C) under test conditions specified in § 7.103(a)(4). 
</P>
<P>(3) The exhaust system shall be designed so that improper installation of the flame arrester is impossible. 
</P>
<P>(4) The exhaust system shall provide a means to cool the exhaust gas and prevent discharge of glowing particles. 
</P>
<P>(i) When a wet exhaust conditioner is used to cool the exhaust gas and prevent the discharge of glowing particles, the temperature of the exhaust gas at the discharge from the exhaust conditioner shall not exceed 170 °F (76 °C) when tested in accordance with the exhaust gas cooling efficiency test in § 7.102. A sensor shall be provided that activates the safety shutdown system before the exhaust gas temperature at discharge from the wet exhaust conditioner exceeds 185 °F (85 °C) when tested in accordance with the safety system controls test in § 7.103. All parts of the wet exhaust conditioner and associated components that come in contact with contaminated exhaust conditioner water shall be constructed of corrosion-resistant material. 
</P>
<P>(ii) When a dry exhaust conditioner is used to cool the exhaust gas, the temperature of the exhaust gas at discharge from the diesel power package shall not exceed 302 °F (150 °C) when tested in accordance with the exhaust gas cooling efficiency test of § 7.102. A sensor shall be provided that activates the safety shutdown system before the exhaust gas exceeds 302 °F (150 °C) when tested in accordance with the safety system control test in § 7.103. A means shall be provided to prevent the discharge of glowing particles, and it shall be evaluated under the provisions of § 7.107. 
</P>
<P>(5) Other means for cooling the exhaust gas and preventing the propagation of flame or discharge of glowing particles shall be evaluated under the provisions of § 7.107. 
</P>
<P>(6) There shall be a connection in the exhaust system for temporary attachment of a device to indicate the total backpressure in the system and collection of exhaust gas samples. This opening shall be closed by a plug or other suitable device that is sealed or locked in place except when in use. 
</P>
<CITA TYPE="N">[61 FR 55518, Oct. 25, 1996, 62 FR 34640, 34641, June 27, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 7.99" NODE="30:1.0.1.2.5.6.1.5" TYPE="SECTION">
<HEAD>§ 7.99   Critical characteristics.</HEAD>
<P>The following critical characteristics shall be inspected or tested on each diesel power package to which an approval marking is affixed: 
</P>
<P>(a) Finish, width, planarity, and clearances of surfaces that form any part of a flame-arresting path. 
</P>
<P>(b) Thickness of walls and flanges that are essential in maintaining the explosion-proof integrity of the diesel power package. 
</P>
<P>(c) Size, spacing, and tightness of fastenings. 
</P>
<P>(d) The means provided to maintain tightness of fastenings. 
</P>
<P>(e) Length of thread engagement on fastenings and threaded parts that ensure the explosion-proof integrity of the diesel power package. 
</P>
<P>(f) Diesel engine approval marking. 
</P>
<P>(g) Fuel rate setting to ensure that it is appropriate for the intended application, or a warning tag shall be affixed to the fuel system notifying the purchaser of the need to make proper adjustments. 
</P>
<P>(h) Material and dimensions of gaskets that are essential in maintaining the explosion-proof integrity of the diesel power package. 
</P>
<P>(i) Dimensions and assembly of flame arresters. 
</P>
<P>(j) Materials of construction to ensure that the intake system, exhaust system, cooling fans, and belts have been fabricated from the required material. 
</P>
<P>(k) Proper interconnection of the coolant system components and use of specified components. 
</P>
<P>(l) Proper interconnection of the safety shutdown system components and use of specified components. 
</P>
<P>(m) All plugs and covers to ensure that they are tightly installed. 
</P>
<P>(n) The inspections and tests described in the diesel power package checklist shall be performed and all requirements shall be met. 


</P>
</DIV8>


<DIV8 N="§ 7.100" NODE="30:1.0.1.2.5.6.1.6" TYPE="SECTION">
<HEAD>§ 7.100   Explosion tests.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Prepare to test the diesel power package as follows: 
</P>
<P>(i) Perform a detailed check of parts against the drawings and specifications submitted under § 7.97 to determine that the parts and drawings agree. 
</P>
<P>(ii) Remove all parts that do not contribute to the operation or ensure the explosion-proof integrity of the diesel power package such as the air cleaner and exhaust gas dilution system. 
</P>
<P>(iii) Fill coolant system fluid and engine oil to the engine manufacturer's recommended levels. 
</P>
<P>(iv) Interrupt fuel supply to the injector pump. 
</P>
<P>(v) Establish a preliminary low water level for systems using the wet exhaust conditioner as a flame arrester. 
</P>
<P>(2) Perform static and dynamic tests of the intake system as follows: 
</P>
<P>(i) Install the diesel power package in an explosion test chamber which is large enough to contain the complete diesel power package. The chamber must be sufficiently darkened and provide viewing capabilities of the flame-arresting paths to allow observation during testing of any discharge of flame or ignition of the flammable mixture surrounding the diesel power package. Couple the diesel power package to an auxiliary drive mechanism. Attach a pressure measuring device, a temperature measuring device, and an ignition source to the intake system. The pressure measuring device shall be capable of indicating the peak pressure accurate to ±1 pound-per-square inch gauge (psig) at 100 psig static pressure and shall have a frequency response of 40 Hertz or greater. The ignition source shall be an electric spark with a minimum energy of 100 millijoules. The ignition source shall be located immediately adjacent to the intake manifold and the pressure and temperature devices shall be located immediately adjacent to the flame arrester. 
</P>
<P>(ii) For systems using the wet exhaust conditioner as an exhaust flame arrester, fill the exhaust conditioner to the specified high or normal operating water level. 
</P>
<P>(iii) Fill the test chamber with a mixture of natural gas and air or methane and air. If natural gas is used, the content of combustible hydrocarbons shall total at least 98.0 percent, by volume, with the remainder being inert. At least 80.0 percent, by volume, of the gas shall be methane. For all tests, the methane or natural gas concentration shall be 8.5 ±1.8 percent, by volume, and the oxygen concentration shall be no less than 18 percent, by volume. 
</P>
<P>(iv) Using the auxiliary drive mechanism, motor the engine to fill the intake and exhaust systems with the flammable mixture. The intake system, exhaust system, and test chamber gas concentration shall not differ by more than ±0.3 percent, by volume, at the time of ignition. 
</P>
<P>(v) For static tests, stop the engine, actuate the ignition source, and observe the peak pressure. The peak pressure shall not exceed 110 psig. If the peak pressure exceeds 110 psig, construction changes shall be made that result in a reduction of pressure to 110 psig or less, or the system shall be tested in accordance with the static pressure test of § 7.104 with the pressure parameter replaced with a static pressure of twice the highest value recorded. 
</P>
<P>(vi) If the peak pressure does not exceed 110 psig or if the system meets the static pressure test requirements of this section and there is no discharge of visible flames or glowing particles or ignition of the flammable mixture in the chamber, a total of 20 tests shall be conducted in accordance with the explosion test specified above. 
</P>
<P>(vii) For dynamic tests, follow the same procedures for static tests, except actuate the ignition source while motoring the engine. Forty dynamic tests shall be conducted at two speeds, twenty at 1800 ±200 RPM and twenty at 1000 ±200 RPM. Under some circumstances, during dynamic testing the flammable mixture may continue to burn within the diesel power package after ignition. This condition can be recognized by the presence of a rumbling noise and a rapid increase in temperature. This can cause the flame-arrester to reach temperatures which can ignite the surrounding flammable mixture. Ignition of the flammable mixture in the test chamber under these circumstances does not constitute failure of the flame arrester. However; if this condition is observed, the test operator should immediately stop the engine and allow components to cool to prevent damage to the components. 
</P>
<P>(3) Perform static and dynamic tests of the exhaust system as follows: 
</P>
<P>(i) Prepare the diesel power package for explosion tests according to § 7.100(a)(2)(i) as follows: 
</P>
<P>(A) Install the ignition source immediately adjacent to the exhaust manifold. 
</P>
<P>(B) Install pressure measuring devices in each segment as follows: immediately adjacent to the exhaust conditioner inlet; in the exhaust conditioner; and immediately adjacent to the flame arrester, if applicable. 
</P>
<P>(C) Install a temperature device immediately adjacent to the exhaust conditioner inlet. 
</P>
<P>(ii) If the exhaust system is provided with a spaced-plate flame arrester in addition to an exhaust conditioner, explosion tests of the exhaust system shall be performed as described for the intake system in accordance with this section. Water shall not be present in a wet exhaust conditioner for the tests. 
</P>
<P>(iii) If the wet exhaust conditioner is used as the exhaust flame arrester, explosion testing of this type of system shall be performed as described for the intake system in accordance with this section with the following modifications: 
</P>
<P>(A) Twenty static tests, twenty dynamic tests at 1800 ±200 RPM, and twenty dynamic tests at 1000 ±200 RPM shall be conducted at 2 inches below the minimum allowable low water level. All entrances in the wet exhaust conditioner which do not form explosion-proof joints shall be opened. These openings may include lines which connect the reserve water supply to the wet exhaust conditioner, insert flanges, float flanges, and cover plates. These entrances are opened during this test to verify that they are not flame paths. 
</P>
<P>(B) Twenty static tests, twenty dynamic tests at 1800 ±200 RPM, and twenty dynamic tests at 1000 ±200 RPM shall be conducted at 2 inches below the minimum allowable low water level. All entrances in the wet exhaust conditioner (except the exhaust conditioner outlet) which do not form explosion-proof joints shall be closed. These openings are closed to simulate normal operation. 
</P>
<P>(C) Twenty static tests, twenty dynamic tests at 1800 ±200 RPM, and twenty dynamic tests at 1000 ±200 RPM shall be conducted at the specified high or normal operating water level. All entrances in the wet exhaust conditioner which do not form explosion-proof joints shall be opened. 
</P>
<P>(D) Twenty static tests, twenty dynamic tests at 1800 ±200 RPM, and twenty dynamic tests at 1000 ±200 RPM shall be conducted at the specified high or normal operating water level. All entrances in the wet exhaust conditioner (except the exhaust conditioner outlet) which do not form explosion-proof joints shall be closed. 
</P>
<P>(iv) After successful completion of the explosion tests of the exhaust system, the minimum allowable low water level, for a wet exhaust conditioner used as the exhaust flame arrester, shall be determined by adding two inches to the lowest water level that passed the explosion tests. 
</P>
<P>(v) A determination shall be made of the maximum grade on which the wet exhaust conditioner can be operated retaining the flame-arresting characteristics. 
</P>
<P>(b) <I>Acceptable performance.</I> The explosion tests shall not result in any of the following—
</P>
<P>(1) Discharge of flame or glowing particles. 
</P>
<P>(2) Visible discharge of gas through gasketed joints. 
</P>
<P>(3) Ignition of the flammable mixture in the test chamber. 
</P>
<P>(4) Rupture of any part that affects the explosion-proof integrity. 
</P>
<P>(5) Clearances, in excess of those specified in this subpart, along accessible flame-arresting paths, following any necessary retightening of fastenings. 
</P>
<P>(6) Pressure exceeding 110 psig, unless the intake system or exhaust system has withstood a static pressure of twice the highest value recorded in the explosion tests of this section following the static pressure test procedures of § 7.104. 
</P>
<P>(7) Permanent distortion of any planar surface of the diesel power package exceeding 0.04-inches/linear foot. 
</P>
<P>(8) Permanent deformation exceeding 0.002-inch between the plates of spaced-plate flame arrester designs. 
</P>
<CITA TYPE="N">[61 FR 55518, Oct. 25, 1996; 62 FR 34641, June 27, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 7.101" NODE="30:1.0.1.2.5.6.1.7" TYPE="SECTION">
<HEAD>§ 7.101   Surface temperature tests.</HEAD>
<P>The test for determination of exhaust gas cooling efficiency described in § 7.102 may be done simultaneously with this test. 
</P>
<P>(a) <I>Test procedures.</I> (1) Prepare to test the diesel power package as follows: 
</P>
<P>(i) Perform a detailed check of parts against the drawings and specifications submitted to MSHA under compliance with § 7.97 to determine that the parts and drawings agree. 
</P>
<P>(ii) Fill the coolant system with a mixture of equal parts of antifreeze and water, following the procedures specified in the application, § 7.97(a)(3). 
</P>
<P>(iii) If a wet exhaust conditioner is used to cool the exhaust gas, fill the exhaust conditioner to the high or normal operating water level and have a reserve water supply available, if applicable. 
</P>
<P>(2) Tests shall be conducted as follows: 
</P>
<P>(i) The engine shall be set to the rated horsepower specified in § 7.97(a)(2). 
</P>
<P>(ii) Install sufficient temperature measuring devices to determine the location of the highest coolant temperature. The temperature measuring devices shall be accurate to ±4 °F (±2 °C). 
</P>
<P>(iii) Operate the engine at rated horsepower and with 0.5 ±0.1 percent, by volume, of methane in the intake air mixture until all parts of the engine, exhaust coolant system, and other components reach their respective equilibrium temperatures. The liquid fuel temperature into the engine shall be maintained at 100 °F (38 °C) ±10 °F (6 °C) and the intake air temperature shall be maintained at 70 °F (21 °C) ±5 °F (3 °C). 
</P>
<P>(iv) Increase the coolant system temperatures until the highest coolant temperature is 205 °F to 212 °F (96 °C to 100 °C), or to the maximum temperature specified by the applicant, if lower. 
</P>
<P>(v) After all coolant system temperatures stabilize, operate the engine for 1 hour. 
</P>
<P>(vi) The ambient temperature shall be between 50 °F (10 °C) and 104 °F (40 °C) throughout the tests. 
</P>
<P>(b) <I>Acceptable performance.</I> The surface temperature of any external surface of the diesel power package shall not exceed 302 °F (150 °C) during the test. 


</P>
</DIV8>


<DIV8 N="§ 7.102" NODE="30:1.0.1.2.5.6.1.8" TYPE="SECTION">
<HEAD>§ 7.102   Exhaust gas cooling efficiency test.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Follow the procedures specified in § 7.101(a). 
</P>
<P>(2) Install a temperature measuring device to measure the exhaust gas temperature at discharge from the exhaust conditioner. The temperature measuring device shall be accurate to ±4 °F (±2 °C). 
</P>
<P>(3) Determine the exhaust gas temperature at discharge from the exhaust conditioner before the exhaust gas is diluted with air. 
</P>
<P>(b) <I>Acceptable performance.</I> (1) The exhaust gas temperature at discharge from a wet exhaust conditioner before the exhaust gas is diluted with air shall not exceed 170 °F (76 °C). 
</P>
<P>(2) The exhaust gas temperature at discharge from a dry exhaust conditioner before the gas is diluted with air shall not exceed 302 °F (150 °C). 


</P>
</DIV8>


<DIV8 N="§ 7.103" NODE="30:1.0.1.2.5.6.1.9" TYPE="SECTION">
<HEAD>§ 7.103   Safety system control test.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Prior to testing, perform the tasks specified in § 7.101(a)(1) and install sufficient temperature measuring devices to measure the highest coolant temperature and exhaust gas temperature at discharge from the exhaust conditioner. The temperature measuring devices shall be accurate to ±4 °F (±2 °C). 
</P>
<P>(2) Determine the effectiveness of the coolant system temperature shutdown sensors which will automatically activate the safety shutdown system and stop the engine before the coolant temperature in the cooling jackets exceeds manufacturer's specifications or 212 °F (100 °C), whichever is lower, by operating the engine and causing the coolant in the cooling jackets to exceed the specified temperature. 
</P>
<P>(3) For systems using a dry exhaust gas conditioner, determine the effectiveness of the temperature sensor in the exhaust gas stream which will automatically activate the safety shutdown system and stop the engine before the cooled exhaust gas temperature exceeds 302 °F (150 °C), by operating the engine and causing the cooled exhaust gas to exceed the specified temperature. 
</P>
<P>(4) For systems using a wet exhaust conditioner, determine the effectiveness of the temperature sensor in the exhaust gas stream which will automatically activate the safety shutdown system and stop the engine before the cooled exhaust gas temperature exceeds 185 °F (85 °C), with the engine operating at a high idle speed condition. Temporarily disable the reserve water supply, if applicable, and any safety shutdown system control that might interfere with the evaluation of the operation of the exhaust gas temperature sensor. Prior to testing, set the water level in the wet exhaust conditioner to a level just above the minimum allowable low water level. Run the engine until the exhaust gas temperature sensor activates the safety shutdown system and stops the engine. 
</P>
<P>(5) For systems using a wet exhaust conditioner as an exhaust flame arrester, determine the effectiveness of the low water sensor which will automatically activate the safety shutdown system and stop the engine at or above the minimum allowable low water level established from results of the explosion tests in § 7.100 with the engine operating at a high idle speed condition. Temporarily disable the reserve water supply, if applicable, and any safety shutdown system control that might interfere with the evaluation of the operation of the low water sensor. Prior to testing, set the water level in the wet exhaust conditioner to a level just above the minimum allowable low water level. Run the engine until the low water sensor activates the safety shutdown system and stops the engine. Measure the low water level. Attempt to restart the engine. 
</P>
<P>(6) Determine the effectiveness of the device in the intake system which is designed to shut off the air supply and stop the engine for emergency purposes with the engine operating at both a high idle speed condition and a low idle speed condition. Run the engine and activate the emergency intake air shutoff device. 
</P>
<P>(7) Determine the total air inlet restriction of the complete intake system, including the air cleaner, as measured between the intake flame arrester and the engine head with the engine operating at maximum air flow. 
</P>
<P>(8) Determine the total exhaust backpressure with the engine operating at rated horsepower as specified in § 7.103(a)(7). If a wet exhaust conditioner is used, it must be filled to the high or normal operating water level during this test. 
</P>
<P>(9) The starting mechanism shall be tested to ensure that engagement is not possible while the engine is running. Operate the engine and attempt to engage the starting mechanism. 
</P>
<P>(10) Where the lack of engine oil pressure must be overridden in order to start the engine, test the override to ensure that it does not override any of the safety shutdown sensors specified in § 7.98(i). After each safety shutdown sensor test specified in paragraphs (a)(2) through (a)(5) of this section, immediately override the engine oil pressure and attempt to restart the engine. 
</P>
<P>(b) <I>Acceptable performance.</I> Tests of the safety system controls shall result in the following: 
</P>
<P>(1) The coolant system temperature shutdown sensor shall automatically activate the safety shutdown system and stop the engine before the water temperature in the cooling jackets exceeds manufacturer's specifications or 212 °F (100 °C), whichever is lower. 
</P>
<P>(2) The temperature sensor in the exhaust gas stream of a system using a dry exhaust conditioner shall automatically activate the safety shutdown system and stop the engine before the cooled exhaust gas exceeds 302 °F (150 °C). 
</P>
<P>(3) The temperature sensor in the exhaust gas stream of a system using a wet exhaust conditioner shall automatically activate the safety shutdown system and stop the engine before the cooled exhaust gas exceeds 185 °F (85 °C). 
</P>
<P>(4) The low water sensor for systems using a wet exhaust conditioner shall automatically activate the safety shutdown system and stop the engine at or above the minimum allowable low water level and prevent restarting of the engine. 
</P>
<P>(5) The emergency intake air shutoff device shall operate immediately when activated and stop the engine within 15 seconds. 
</P>
<P>(6) The total intake air inlet restriction and the total exhaust backpressure shall not exceed the engine manufacturer's specifications. 
</P>
<P>(7) It shall not be possible to engage the starting mechanism while the engine is running, unless the starting mechanism is constructed of nonsparking material. 
</P>
<P>(8) The engine oil pressure override shall not override any of the shutdown sensors. 


</P>
</DIV8>


<DIV8 N="§ 7.104" NODE="30:1.0.1.2.5.6.1.10" TYPE="SECTION">
<HEAD>§ 7.104   Internal static pressure test.</HEAD>
<P>(a) <I>Test procedures.</I> (1) Isolate and seal each segment of the intake system or exhaust system to allow pressurization. 
</P>
<P>(2) Internally pressurize each segment of the intake system or exhaust system to four times the maximum pressure observed in each segment during the tests of § 7.100, or 150 psig ±5 psig, whichever is less. Maintain the pressure for a minimum of 10 seconds. 
</P>
<P>(3) Following the pressure hold, the pressure shall be removed and the pressurizing agent removed from the intake system or exhaust system. 
</P>
<P>(b) <I>Acceptable performance.</I> (1) The intake system or exhaust system, during pressurization, shall not exhibit—
</P>
<P>(i) Leakage through welds and gasketed joints; or 
</P>
<P>(ii) Leakage other than along joints meeting the explosion-proof requirements of § 7.98(q). 
</P>
<P>(2) Following removal of the pressurizing agent, the intake system or exhaust system shall not exhibit any—
</P>
<P>(i) Changes in fastening torque; 
</P>
<P>(ii) Visible cracks in welds; 
</P>
<P>(iii) Permanent deformation affecting the length or gap of any flame-arresting paths; 
</P>
<P>(iv) Stretched or bent fastenings; 
</P>
<P>(v) Damaged threads of parts affecting the explosion-proof integrity of the intake system or exhaust system; or 
</P>
<P>(vi) Permanent distortion of any planar surface of the diesel power package exceeding 0.04-inches/linear foot. 


</P>
</DIV8>


<DIV8 N="§ 7.105" NODE="30:1.0.1.2.5.6.1.11" TYPE="SECTION">
<HEAD>§ 7.105   Approval marking.</HEAD>
<P>Each approved diesel power package shall be identified by a legible and permanent approval plate inscribed with the assigned MSHA approval number and securely attached to the diesel power package in a manner that does not impair any explosion-proof characteristics. The grade limitation of a wet exhaust conditioner used as an exhaust flame arrester shall be included on the approval marking. 


</P>
</DIV8>


<DIV8 N="§ 7.106" NODE="30:1.0.1.2.5.6.1.12" TYPE="SECTION">
<HEAD>§ 7.106   Post-approval product audit.</HEAD>
<P>Upon request by MSHA, but not more than once a year except for cause, the approval-holder shall make an approved diesel power package available for audit at no cost to MSHA. 


</P>
</DIV8>


<DIV8 N="§ 7.107" NODE="30:1.0.1.2.5.6.1.13" TYPE="SECTION">
<HEAD>§ 7.107   New technology.</HEAD>
<P>MSHA may approve a diesel power package that incorporates technology for which the requirements of this subpart are not applicable if MSHA determines that the diesel power package is as safe as those which meet the requirements of this subpart. 


</P>
</DIV8>


<DIV8 N="§ 7.108" NODE="30:1.0.1.2.5.6.1.14" TYPE="SECTION">
<HEAD>§ 7.108   Power package checklist.</HEAD>
<P>Each diesel power package bearing an MSHA approval plate shall be accompanied by a power package checklist. The power package checklist shall consist of a list of specific features that must be checked and tests that must be performed to determine if a previously approved diesel power package is in approved condition. Test procedures shall be specified in sufficient detail to allow evaluation to be made without reference to other documents. Illustrations shall be used to fully identify the approved configuration of the diesel power package. 


</P>
</DIV8>

</DIV6>


<DIV6 N="J" NODE="30:1.0.1.2.5.7" TYPE="SUBPART">
<HEAD>Subpart J—Electric Motor Assemblies</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>57 FR 61193, Dec. 23, 1992, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 7.301" NODE="30:1.0.1.2.5.7.1.1" TYPE="SECTION">
<HEAD>§ 7.301   Purpose and effective date.</HEAD>
<P>This subpart establishes the specific requirements for MSHA approval of certain explosion-proof electric motor assemblies intended for use in approved equipment in underground mines. Applications for approval or extensions of approval submitted after February 22, 1996 shall meet the requirements of this part. Those motors that incorporate features not specifically addressed in this subpart will continue to be evaluated under part 18 of this chapter. 


</P>
</DIV8>


<DIV8 N="§ 7.302" NODE="30:1.0.1.2.5.7.1.2" TYPE="SECTION">
<HEAD>§ 7.302   Definitions.</HEAD>
<P>The following definitions apply in this subpart:
</P>
<P><I>Afterburning.</I> The combustion of any flammable mixture that is drawn into an enclosure after an internal explosion in the enclosure. This condition is determined through detection of secondary pressure peaks occurring subsequent to the initial explosion.
</P>
<P><I>Cylindrical joint.</I> A joint comprised of two contiguous, concentric, cylindrical surfaces.
</P>
<P><I>Explosion-proof enclosure.</I> A metallic enclosure used as a winding compartment, conduit box, or a combination of both that complies with the applicable requirements of § 7.304 of this part and is constructed so that it will withstand the explosion tests of § 7.306 of this part.
</P>
<P><I>Fastening.</I> A bolt, screw, or stud used to secure adjoining parts to prevent the escape of flame from an explosion-proof enclosure.
</P>
<P><I>Flame-arresting path.</I> Two or more adjoining or adjacent surfaces between which the escape of flame is prevented.
</P>
<P><I>Internal free volume (of an empty enclosure).</I> The volume remaining after deducting the volume of any part that is essential in maintaining the explosion-proof integrity of the enclosure or necessary for operation of the motor. Essential parts include the parts that constitute the flame-arresting path and those necessary to secure parts that constitute a flame-arresting path.
</P>
<P><I>Motor assembly.</I> The winding compartment including a conduit box when specified. A motor assembly is comprised of one or more explosion-proof enclosures. 
</P>
<P><I>Plane joint.</I> A joint comprised of two adjoining surfaces in parallel planes.
</P>
<P><I>Step (rabbet) joint.</I> A joint comprised of two adjoining surfaces with a change or changes in direction between its inner and outer edges. A step joint may be composed of a cylindrical portion and a plane portion or of two or more plane portions. 
</P>
<P><I>Stuffing box.</I> An entrance with a recess filled with packing material for cables extending through a wall of an explosion-proof enclosure.
</P>
<P><I>Threaded joint.</I> A joint consisting of a male- and a female-threaded member, both of which are the same type and gauge.


</P>
</DIV8>


<DIV8 N="§ 7.303" NODE="30:1.0.1.2.5.7.1.3" TYPE="SECTION">
<HEAD>§ 7.303   Application requirements.</HEAD>
<P>(a) An application for approval of a motor assembly shall include a composite drawing or drawings with the following information:
</P>
<P>(1) Model (type), frame size, and rating of the motor assembly.
</P>
<P>(2) Overall dimensions of the motor assembly, including conduit box if applicable, and internal free volume. 
</P>
<P>(3) Material and quantity for each of the component parts that form the explosion-proof enclosure or enclosures.
</P>
<P>(4) All dimensions (including tolerances) and specifications required to ascertain compliance with the requirements of § 7.304 of this part.
</P>
<P>(b) All drawings shall be titled, dated, numbered, and include the latest revision.


</P>
</DIV8>


<DIV8 N="§ 7.304" NODE="30:1.0.1.2.5.7.1.4" TYPE="SECTION">
<HEAD>§ 7.304   Technical requirements.</HEAD>
<P>(a) Voltage rating of the motor shall not exceed 4160 volts.
</P>
<P>(b) The temperature of the external surfaces of the motor assembly shall not exceed 150 °C (302 °F) when operated at the manufacturers' specified ratings.
</P>
<P>(c) Minimum clearances between uninsulated electrical conductor surfaces, or between uninsulated conductor surfaces and grounded metal surfaces, within the enclosure shall meet the requirements of table J-1 of this section. 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table J-1—Minimum Clearances Between Uninsulated Surfaces
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Phase-to-phase voltage (rms)
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Clearances (inches)
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Phase-to-phase
</TH><TH class="gpotbl_colhed" scope="col">Phase-to-ground or control circuit
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0 to 250</TD><TD align="right" class="gpotbl_cell">0.25</TD><TD align="right" class="gpotbl_cell">0.25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">251 to 600</TD><TD align="right" class="gpotbl_cell">0.28</TD><TD align="right" class="gpotbl_cell">0.25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">601 to 1000</TD><TD align="right" class="gpotbl_cell">0.61</TD><TD align="right" class="gpotbl_cell">0.25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1001 to 2400</TD><TD align="right" class="gpotbl_cell">1.4</TD><TD align="right" class="gpotbl_cell">0.6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2401 to 4160</TD><TD align="right" class="gpotbl_cell">3.0</TD><TD align="right" class="gpotbl_cell">1.4</TD></TR></TABLE></DIV></DIV>
<P>(d) Parts whose dimensions can change with the motor operation, such as ball and roller bearings and oil seals, shall not be used as flame-arresting paths. 
</P>
<P>(e) The widths of any grooves, such as grooves for holding oil seals or o-rings, shall be deducted in measuring the widths of flame-arresting paths.
</P>
<P>(f) An outer bearing cap shall not be considered as forming any part of a flame-arresting path unless the cap is used as a bearing cartridge.
</P>
<P>(g) Requirements for explosion-proof enclosures of motor assemblies. 
</P>
<P>(1) Enclosures shall be—
</P>
<P>(i) Constructed of metal;
</P>
<P>(ii) Designed to withstand a minimum internal pressure of 150 pounds per square inch (gauge);
</P>
<P>(iii) Free from blowholes when cast; and 
</P>
<P>(iv) Explosion proof as determined by the tests set out in § 7.306 of this part.
</P>
<P>(2) Welded joints forming an enclosure shall be—
</P>
<P>(i) Continuous and gas-tight; and
</P>
<P>(ii) Made in accordance with or exceed the American Welding Society Standard AWS D14.4-77, “Classification and Application of Welded Joints for Machinery and Equipment,” or meet the test requirements set out in § 7.307 of this part. AWS D14.4-77 is incorporated by reference and has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American Welding Society, Inc., 2501 NW 7th Street, Miami, FL 33125. Copies may be inspected at the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(3) External rotating parts shall not be constructed of aluminum alloys containing more than 0.6 percent magnesium. Non-metallic rotating parts shall be provided with a means to prevent an accumulation of static electricity.
</P>
<P>(4) Threaded covers and mating parts shall be designed with Class 1A and 1B (coarse, loose fitting) threads. The covers shall be secured against loosening.
</P>
<P>(5) Flat surfaces between fastening holes that form any part of a flame-arresting path shall be plane to within a maximum deviation of one-half the maximum clearance specified in paragraph (g)(19) of this section. All surfaces forming a flame-arresting path shall be finished during the manufacturing process to not more than 250 microinches. A thin film of nonhardening preparation to inhibit rusting may be applied to these finished metal surfaces as long as the final surface can be readily wiped free of any foreign materials.
</P>
<P>(6) For a laminated stator frame, it shall be impossible to insert a 0.0015 inch thickness gauge to a depth exceeding 
<FR>1/8</FR> inch between adjacent laminations or between end rings and laminations.
</P>
<P>(7) Lockwashers, or equivalent, shall be provided for all fastenings. Devices other than lockwashers shall meet the requirements of § 7.308 of this part. Equivalent devices shall only be used in the configuration in which they were tested.
</P>
<P>(8) Fastenings shall be as uniform in size as practicable to preclude improper installation.
</P>
<P>(9) Holes for fastenings in an explosion-proof enclosure shall be threaded to ensure that all specified bolts or screws will not bottom even if the washers are omitted.
</P>
<P>(10) Holes for fastenings shall not penetrate to the interior of an explosion-proof enclosure, except holes made through motor casings for bolts, studs, or screws to hold essential parts, such as pole pieces, brush rigging, and bearing cartridges. The attachments of such parts shall be secured against loosening. The threaded holes in these parts shall be blind unless the fastenings are inserted from the inside, in which case the fastenings shall not be accessible with the rotor in place.
</P>
<P>(11) For direct current motor assemblies with narrow interpoles, the distance from the edge of the pole piece to any bolt hole in the frame shall be at least 
<FR>1/8</FR> inch. If the distance is 
<FR>1/8</FR> to 
<FR>1/4</FR> inch, the diametrical clearance for the pole bolt shall not exceed 
<FR>1/64</FR> inch for not less than 
<FR>1/2</FR> inch through the frame. Furthermore, the pole piece shall have the same radius as the inner surface of the frame. Pole pieces may be shimmed as necessary. If used, the total resulting thickness of the shims shall be specified. The shim assembly shall meet the same requirements as the pole piece.
</P>
<P>(12) Coil-thread inserts, if used in holes for fastenings, shall meet the following:
</P>
<P>(i) The inserts shall have internal screw threads.
</P>
<P>(ii) The holes for the inserts shall be drilled and tapped consistent with the insert manufacturer's specifications.
</P>
<P>(iii) The inserts shall be installed consistent with the insert manufacturer's specifications.
</P>
<P>(iv) The insert shall be of sufficient length to ensure the minimum thread engagement of fastening specified in paragraph (g)(19) of this section.
</P>
<P>(13) A minimum of 
<FR>1/8</FR> inch of stock shall be left at the center of the bottom of each blind hole that could penetrate into the interior of an explosion-proof enclosure.
</P>
<P>(14) Fastenings shall be used only for attaching parts that are essential in maintaining the explosion-proof integrity of the enclosure, or necessary for the operation of the motor. They shall not be used for making electrical connections.
</P>
<P>(15) Through holes not in use shall be closed with a metal plug. Plugs, including eyebolts, in through holes where future access is desired shall meet the flame-arresting paths, lengths, and clearances of paragraph (g)(19) of this section and be secured by spot welding or brazing. The spot weld or braze may be on a plug, clamp, or fastening (for example see figure J-1). Plugs for holes where future access is not desired shall be secured all around by a continuous gas-tight weld.
</P>
<P>(16) O-rings, if used in a flame-arresting path, shall meet the following:
</P>
<P>(i) When the flame-arresting path is in one plane, the o-ring shall be located at least one-half the acceptable flame-arresting path length specified in paragraph (g)(19) of this section from within the outside edge of the path (see figure J-2).
</P>
<P>(ii) When the flame-arresting path is one of the plane-cylindrical type (step joint), the o-ring shall be located at least 
<FR>1/2</FR> inch from within the outer edge of the plane portion (see figure J-3), or at the junction of the plane and cylindrical portion of the joint (see figure J-4), or in the cylindrical portion (see figure J-5).
</P>
<P>(17) Mating parts comprising a pressed fit shall result in a minimum interference of 0.001 inch between the parts. The minimum length of the pressed fit shall be equal to the minimum thickness requirement of paragraph (g)(19) of this section for the material in which the fit is made.
</P>
<P>(18) The flame-arresting path of threaded joints shall conform to the requirements of paragraph (g)(19) of this section.
</P>
<P>(19) Explosion-proof enclosures shall meet the requirements set out in table J-2 of this section, based on the internal free volume of the empty enclosure.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table J-2—Explosion-Proof Requirements Based on Volume
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col"> 
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Volume of empty enclosure
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Less than 45 cu. ins. 
</TH><TH class="gpotbl_colhed" scope="col">45 to 124 cu. ins. inclusive 
</TH><TH class="gpotbl_colhed" scope="col">More than 124 cu. ins. 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum thickness of material for walls 
<sup>1</sup></TD><TD align="right" class="gpotbl_cell">
<fr>1/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/16</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum thickness of material for flanges and covers</TD><TD align="right" class="gpotbl_cell">
<sup>2</sup> 
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<sup>3</sup> 
<fr>3/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<sup>3</sup> 
<fr>1/2</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum width of joint; all in one plane</TD><TD align="right" class="gpotbl_cell">
<fr>1/2</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/4</fr>″</TD><TD align="right" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum clearance; joint all in one plane</TD><TD align="right" class="gpotbl_cell">0.002″</TD><TD align="right" class="gpotbl_cell">0.003″</TD><TD align="right" class="gpotbl_cell">0.004″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum width of joint, portions of which are in different planes; cylinders or equivalent</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> 
<fr>3/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> 
<fr>5/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> 
<fr>3/4</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum clearances; joint in two or more planes, cylinders or equivalent: 
<sup>5</sup>
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(a) Portion perpendicular to plane 
<sup>6</sup></TD><TD align="right" class="gpotbl_cell">0.008″</TD><TD align="right" class="gpotbl_cell">0.008″</TD><TD align="right" class="gpotbl_cell">0.008″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(b) Plane portion</TD><TD align="right" class="gpotbl_cell">0.006″</TD><TD align="right" class="gpotbl_cell">0.006″</TD><TD align="right" class="gpotbl_cell">0.006″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum fastening 
<sup>7 8</sup> spacing; joints all in one plane</TD><TD align="right" class="gpotbl_cell">(
<sup>16</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>16</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>16</sup>)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum fastening spacing; joints, portions of which are in different planes</TD><TD align="right" class="gpotbl_cell">(
<sup>17</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>17</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>17</sup>)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum diameter of fastening 
<sup>9</sup> (without regard to type of joint)</TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/8</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum thread engagement of fastening 
<sup>10</sup></TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/8</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum diametrical clearance between fastening body and unthreaded holes through which it passes 
<sup>8 11 12</sup></TD><TD align="right" class="gpotbl_cell">
<fr>1/64</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/32</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/16</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum distance from interior of enclosure to the edge of a fastening hole: 
<sup>8 13</sup>
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Joint—minimum width 1″</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">
<sup>14</sup> 
<fr>7/16</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Joint—less than 1″ wide</TD><TD align="right" class="gpotbl_cell">
<fr>1/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/16</fr>″
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="center" class="gpotbl_cell" colspan="4" scope="row">Cylindrical Joints
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Shaft centered by ball or roller bearings:
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Minimum length of flame-arresting path</TD><TD align="right" class="gpotbl_cell">
<fr>1/2</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/4</fr>″</TD><TD align="right" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Maximum diametrical clearance</TD><TD align="right" class="gpotbl_cell">0.020″</TD><TD align="right" class="gpotbl_cell">0.025″</TD><TD align="right" class="gpotbl_cell">0.030″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Other cylindrical joints: 
<sup>15</sup>
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Minimum length of flame-arresting path</TD><TD align="right" class="gpotbl_cell">
<fr>1/2</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/4</fr>″</TD><TD align="right" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Maximum diametrical clearance</TD><TD align="right" class="gpotbl_cell">0.006″</TD><TD align="right" class="gpotbl_cell">0.008″</TD><TD align="right" class="gpotbl_cell">0.010″
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> This is the minimal nominal dimension when applied to standard steel plate.
</P><P class="gpotbl_note">
<sup>2</sup> 
<fr>1/32</fr> inch less is allowable for machining rolled plate.
</P><P class="gpotbl_note">
<sup>3</sup> 
<fr>1/16</fr> inch less is allowable for machining rolled plate.
</P><P class="gpotbl_note">
<sup>4</sup> If only two planes are involved, neither portion of a joint shall be less than 
<fr>1/8</fr> inch wide, unless the wider portion conforms to the same requirements as those for a joint that is all in one plane. If more than two planes are involved (as in labyrinths or tongue-and-groove joints) the combined lengths of those portions having prescribed clearances are considered.
</P><P class="gpotbl_note">
<sup>5</sup> For winding compartments having internal free volume not exceeding 350 cubic inches and joints not exceeding 32 inches in outer circumference and provided with step joints between the stator frame and the end bracket the following dimensions shall apply:</P></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Dimensions of Rabbet (Step) Joints-Inches 
</P><P class="gpotbl_description">[See figure J-6 in appendix]
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Minimum total width 
</TH><TH class="gpotbl_colhed" scope="col">Minimum width of clamped radial portion 
</TH><TH class="gpotbl_colhed" scope="col">Maximum clearance of radial portion 
</TH><TH class="gpotbl_colhed" scope="col">Maximum diametrical clearance at axial portion
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>3/8</fr></TD><TD align="right" class="gpotbl_cell">
<fr>3/64</fr></TD><TD align="right" class="gpotbl_cell">0.0015</TD><TD align="right" class="gpotbl_cell">0.003
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>1/2</fr></TD><TD align="right" class="gpotbl_cell">
<fr>3/64</fr></TD><TD align="right" class="gpotbl_cell">0.002</TD><TD align="right" class="gpotbl_cell">0.003
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>1/2</fr></TD><TD align="right" class="gpotbl_cell">
<fr>3/32</fr></TD><TD align="right" class="gpotbl_cell">0.002</TD><TD align="right" class="gpotbl_cell">0.004
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>6</sup> The allowable diametrical clearance is 0.008 inch when the portion perpendicular to the plane portion is 
<fr>1/4</fr> inch or greater in length. If the perpendicular portion is more than 
<fr>1/8</fr> inch but less than 
<fr>1/4</fr> inch wide, the diametrical clearance shall not exceed 0.006 inch.
</P><P class="gpotbl_note">
<sup>7</sup> Studs, when provided, shall bottom in blind holes, be completely welded in place, or have the bottom of the hole closed with a plug secured by weld or braze. Fastenings shall be provided at all corners.
</P><P class="gpotbl_note">
<sup>8</sup> The requirements as to diametrical clearance around the fastening and minimum distance from the fastening hole to the inside of the explosion-proof enclosure apply to steel dowel pins. In addition, when such pins are used, the spacing between centers of the fastenings on either side of the pin shall not exceed 5 inches.
</P><P class="gpotbl_note">
<sup>9</sup> Fastening diameters smaller than specified may be used if the enclosure meets the test requirements of 30 CFR 7.307 and then 7.306 in that order.
</P><P class="gpotbl_note">
<sup>10</sup> Minimum thread engagement shall be equal to or greater than the diameter of the fastening specified, or the enclosure must meet the test requirements of 30 CFR 7.307 and then 7.306 in that order.
</P><P class="gpotbl_note">
<sup>11</sup> This maximum clearance applies only when the fastening is located within the flame-arresting path.
</P><P class="gpotbl_note">
<sup>12</sup> Threaded holes for fastening bolts shall be machined to remove burrs or projections that affect planarity of a surface forming a flame-arresting path.
</P><P class="gpotbl_note">
<sup>13</sup> Edge of the fastening hole shall include the edge of any machining done to the fastening hole, such as chamfering.
</P><P class="gpotbl_note">
<sup>14</sup> If the diametrical clearance for fastenings does not exceed 
<fr>1/32</fr> inch, then the minimum distance shall be 
<fr>1/4</fr> inch.
</P><P class="gpotbl_note">
<sup>15</sup> Shafts or operating rods through journal bearings shall be at least 
<fr>1/4</fr>″ in diameter. The length of the flame-arresting path shall not be reduced when a pushbutton is depressed. Operating rods shall have a shoulder or head on the portion inside the enclosure. Essential parts riveted or bolted to the inside portion are acceptable in lieu of a head or shoulder, but cotter pins and similar devices shall not be used.
</P><P class="gpotbl_note">
<sup>16</sup> 6″ with a minimum of 4 fastenings.
</P><P class="gpotbl_note">
<sup>17</sup> 8″ with a minimum of 4 fastenings.</P></DIV></DIV>
<P>(h) <I>Lead entrances.</I> (1) Each cable, which extends through an outside wall of the motor assembly, shall pass through a stuffing-box lead entrance (see figure J-7). All sharp edges shall be removed from stuffing boxes, packing nuts, and other lead entrance (gland) parts, so that the cable jacket is not damaged. 
</P>
<P>(2) When the packing is properly compressed, the gland nut shall have—
</P>
<P>(i) A clearance distance of 
<FR>1/8</FR> inch or more, with no maximum, to travel without interference by parts other than packing; and 
</P>
<P>(ii) A minimum of three effective threads engaged (see figures J-8, J-9, and J-10).
</P>
<P>(3) Packing nuts (see figure J-7) and stuffing boxes shall be secured against loosening (see figure J-11). 
</P>
<P>(4) Compressed packing material shall be in contact with the cable jacket for a length of not less than 
<FR>1/2</FR> inch. 
</P>
<P>(5) Requirements for lead entrances in which MSHA accepted rope packing material is specified, are: 
</P>
<P>(i) Rope packing material shall be acceptable under § 18.37(e) of this chapter. 
</P>
<P>(ii) The width of the space for packing material shall not exceed by more than 50 percent the diameter or width of the uncompressed packing material (see figure J-12). 
</P>
<P>(iii) The maximum diametrical clearance, using the specified tolerances, between the cable and the through holes in the gland parts adjacent to the packing (stuffing box, packing nut, hose tube, or bushings) shall not exceed 75 percent of the nominal diameter or width of the packing material (see figure J-13). 
</P>
<P>(6) Requirements for lead entrances in which grommet packing made of compressible material is specified, are: 
</P>
<P>(i) The grommet packing material shall be accepted by MSHA as flame-resistant material under § 18.37(f)(1) of this chapter. 
</P>
<P>(ii) The diametrical clearance between the cable jacket and the nominal inside diameter of the grommet shall not exceed 
<FR>1/16</FR> inch, based on the nominal specified diameter of the cable (see figure J-14). 
</P>
<P>(iii) The diametrical clearance between the nominal outside diameter of the grommet and the inside wall of the stuffing box shall not exceed 
<FR>1/16</FR> inch (see figure J-14).
</P>
<P>(i) <I>Combustible gases from insulating material.</I> (1) Insulating materials that give off flammable or explosive gases when decomposed electrically shall not be used within explosion-proof enclosures where the materials are subjected to destructive electrical action. 
</P>
<P>(2) Parts coated or impregnated with insulating materials shall be treated to remove any combustible solvent before assembly in an explosion-proof enclosure. 
</P>
<CITA TYPE="N">[57 FR 61193, Dec. 23, 1992, as amended at 73 FR 52210, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 7.305" NODE="30:1.0.1.2.5.7.1.5" TYPE="SECTION">
<HEAD>§ 7.305   Critical characteristics.</HEAD>
<P>The following critical characteristics shall be inspected on each motor assembly to which an approval marking is affixed: 
</P>
<P>(a) Finish, width, and planarity of surfaces that form any part of a flame-arresting path. 
</P>
<P>(b) Clearances between mating parts that form flame-arresting paths. 
</P>
<P>(c) Thickness of walls, flanges, and covers that are essential in maintaining the explosion-proof integrity of the enclosure. 
</P>
<P>(d) Spacing of fastenings. 
</P>
<P>(e) Length of thread engagement on fastenings and threaded parts that assure the explosion-proof integrity of the enclosure. 
</P>
<P>(f) Use of lockwasher or equivalent with all fastenings. 
</P>
<P>(g) Dimensions which affect compliance with the requirements for packing gland parts in § 7.304 of this part. 


</P>
</DIV8>


<DIV8 N="§ 7.306" NODE="30:1.0.1.2.5.7.1.6" TYPE="SECTION">
<HEAD>§ 7.306   Explosion tests.</HEAD>
<P>(a) The following shall be used for conducting an explosion test:
</P>
<P>(1) An explosion test chamber designed and constructed to contain an explosive gas mixture to surround and fill the motor assembly being tested. The chamber must be sufficiently darkened and provide viewing capabilities of the flame-arresting paths to allow observation during testing of any discharge of flame or ignition of the explosive mixture surrounding the motor assembly.
</P>
<P>(2) A methane gas supply with at least 98 by volume per centum of combustible hydrocarbons, with the remainder being inert. At least 80 percent by volume of the gas shall be methane.
</P>
<P>(3) Coal dust having a minimum of 22 percent dry volatile matter and a minimum heat constant of 11,000 moist BTU (coal containing natural bed moisture but not visible surface water) ground to a fineness of minus 200 mesh U.S. Standard sieve series.
</P>
<P>(4) An electric spark ignition source with a minimum of 100 millijoules of energy.
</P>
<P>(5) A pressure recording system that will indicate the pressure peaks resulting from the ignition and combustion of explosive gas mixtures within the enclosure being tested.
</P>
<P>(b) <I>General test procedures.</I> (1) Motor assemblies being tested shall—
</P>
<P>(i) Be equipped with unshielded bearings regardless of the type of bearings specified; and
</P>
<P>(ii) Have all parts that do not contribute to the operation or assure the explosion-proof integrity of the enclosure, such as oil seals, grease fittings, hose conduit, cable clamps, and outer bearing caps (which do not house the bearings) removed from the motor assembly.
</P>
<P>(2) Each motor assembly shall be placed in the explosion test chamber and tested as follows:
</P>
<P>(i) The motor assembly shall be filled with and surrounded by an explosive mixture of the natural gas supply and air. The chamber gas concentrations shall be between 6.0 by volume per centum and the motor assembly natural gas concentration just before ignition of each test. Each externally visible flame-arresting path fit shall be observed for discharge of flames for at least two of the tests, including one with coal dust added.
</P>
<P>(ii) A single spark source is used for all testing. Pressure shall be measured at each end of the winding compartment simultaneously during all tests. Quantity and location of test holes shall permit ignition on each end of the winding compartment and recording of pressure on the same and opposite ends as the ignition.
</P>
<P>(iii) Motor assemblies incorporating a conduit box shall have the pressure in the conduit box recorded simultaneously with the other measured pressures during all tests. Quantity and location of test holes in the conduit box shall permit ignition and recording of pressure as required in paragraphs (c)(1) and (c)(4)(i) of this section.
</P>
<P>(iv) The motor assembly shall be completely purged and recharged with a fresh explosive gas mixture from the chamber or by injection after each test. The chamber shall be completely purged and recharged with a fresh explosive gas mixture as necessary. The oxygen level of the chamber gas mixture shall be no less than 18 percent by volume for testing. In the absence of oxygen monitoring equipment, the maximum number of tests conducted before purging shall be less than or equal to the chamber volume divided by forty times the volume occupied by the motor assembly.
</P>
<P>(c) <I>Test procedures.</I> (1) Eight tests at 9.4 ±0.4 percent methane by volume within the winding compartment shall be conducted, with the rotor stationary during four tests and rotating at rated speed (rpm) during four tests. The ignition shall be at one end of the winding compartment for two stationary and two rotating tests, and then switched to the opposite end for the remaining four tests. If a nonisolated conduit box is used, then two additional tests, one stationary and one rotating, shall be conducted with ignition in the conduit box at a point furthest away from the opening between the conduit box and the winding compartment.
</P>
<P>(2) Four tests at 7.0 ±0.3 percent methane by volume within the winding compartment shall be conducted with the rotor stationary, 2 ignitions at each end.
</P>
<P>(3) Four tests at 9.4 ±0.4 percent methane by volume plus coal dust shall be conducted. A quantity of coal dust equal to 0.05 ounces per cubic foot of internal free volume of the winding compartment plus the nonisolated conduit box shall be introduced into each end of the winding compartment and nonisolated conduit box to coat the interior surface before conducting the first of the four tests. The coal dust introduced into the conduit box shall be proportional to its volume. The remaining coal dust shall be equally divided between the winding compartment ends. For two tests, one stationary and one rotating, the ignition shall be either in the conduit box or one end of the connected winding compartment, whichever produced the highest pressure in the previous tests. The two remaining tests, one stationary and one rotating, shall be conducted with the ignition in the winding compartment end furthest away from the conduit box.
</P>
<P>(4) For motor assemblies incorporating a conduit box which is isolated from the winding compartment by an isolating barrier the following additional tests shall be conducted—
</P>
<P>(i) For conduit boxes with an internal free volume greater than 150 cubic inches, two ignition points shall be used, one as close to the geometric center of the conduit box as practical and the other at the furthest point away from the isolating barrier between the conduit box and the winding compartment. Recording of pressure shall be on the same and opposite sides as the ignition point furthest from the isolating barrier between the conduit box and the winding compartment. Conduit boxes with an internal free volume of 150 cubic inches or less shall have one test hole for ignition located as close to the geometric center of the conduit box as practical and one for recording of pressure located on a side of the conduit box.
</P>
<P>(ii) The conduit box shall be tested separately. Six tests at 9.4 ±0.4 percent methane by volume within the conduit box shall be conducted followed by two tests at 7.0 ±0.3 percent methane by volume. Then two tests at 9.4 ±0.4 percent methane by volume with a quantity of coal dust equal to 0.05 ounces per cubic foot of internal free volume of the conduit box and meeting the specifications in paragraph (c)(3) of this section shall be conducted. For conduit boxes with an internal free volume of more than 150 cubic inches, the number of tests shall be evenly divided between each ignition point.
</P>
<P>(iii) The motor assembly shall be tested following removal of the isolating barrier or one sectionalizing terminal (as applicable). Six tests at 9.4 ±0.4 percent methane by volume in the winding compartment and conduit box shall be conducted using three ignition locations. The ignition shall be at one end of the winding compartment for one stationary and one rotating test; the opposite end for one stationary and one rotating test; and at the ignition point that produced the highest pressure on the previous test in paragraph (c)(4)(ii) of this section in the conduit box for one stationary and one rotating test. Motor assemblies that use multiple sectionalizing terminals shall have one test conducted as each additional terminal is removed. Each of these tests shall use the rotor state and ignition location that produced the highest pressure in the previous tests.
</P>
<P>(d) A motor assembly incorporating a conduit box that is isolated from the winding compartment that exhibits pressures exceeding 110 psig, while testing during removal of any or all isolating barriers as specified in paragraph (c)(4) of this section, shall have a warning statement on the approval plate. This statement shall warn that the isolating barrier must be maintained to ensure the explosion-proof integrity of the motor assembly. A statement is not required when the motor assembly has withstood a static pressure of twice the maximum pressure recorded in the explosion tests of paragraph (c)(4) of this section. The static pressure test shall be conducted on the motor assembly with all isolating barriers removed, and in accordance with § 7.307 of this part.
</P>
<P>(e) <I>Acceptable performance.</I> Explosion tests of a motor assembly shall not result in—
</P>
<P>(1) Discharge of flames.
</P>
<P>(2) Ignition of the explosive mixture surrounding the motor assembly in the chamber.
</P>
<P>(3) Development of afterburning.
</P>
<P>(4) Rupture of any part of the motor assembly or any panel or divider within the motor assembly.
</P>
<P>(5) Clearances, in excess of those specified in this subpart, along accessible flame-arresting paths, following any necessary retightening of fastenings.
</P>
<P>(6) Pressure exceeding 110 psig, except as provided in paragraph (d) of this section unless the motor assembly has withstood a static pressure of twice the maximum pressure recorded in the explosion tests of this section following the static pressure test procedures of § 7.307 of this part.
</P>
<P>(7) Permanent deformation greater than 0.040 inches per linear foot.


</P>
</DIV8>


<DIV8 N="§ 7.307" NODE="30:1.0.1.2.5.7.1.7" TYPE="SECTION">
<HEAD>§ 7.307   Static pressure test.</HEAD>
<P>(a) <I>Test procedure.</I> (1) The enclosure shall be internally pressurized to a minimum of 150 psig and the pressure maintained for a minimum of 10 seconds.
</P>
<P>(2) Following the pressure hold, the pressure shall be removed and the pressurizing agent removed from the enclosure.
</P>
<P>(b) <I>Acceptable performance.</I> (1) The enclosure during pressurization shall not exhibit—
</P>
<P>(i) Leakage through welds or casting; or
</P>
<P>(ii) Rupture of any part that affects the explosion-proof integrity of the enclosure.
</P>
<P>(2) The enclosure following removal of the pressurizing agent shall not exhibit—
</P>
<P>(i) Visible cracks in welds;
</P>
<P>(ii) Permanent deformation exceeding 0.040 inches per linear foot; or
</P>
<P>(iii) Clearances, in excess of those specified in this subpart, along accessible flame-arresting paths, following any necessary retightening of fastenings.


</P>
</DIV8>


<DIV8 N="§ 7.308" NODE="30:1.0.1.2.5.7.1.8" TYPE="SECTION">
<HEAD>§ 7.308   Lockwasher equivalency test.</HEAD>
<P>(a) <I>Test procedure.</I> (1) Each test sample shall be an assembly consisting of a fastening with a locking device. Each standard sample shall be an assembly consisting of a fastening with a lockwasher.
</P>
<P>(2) Five standard samples and five test samples shall be tested.
</P>
<P>(3) Each standard and test sample shall use a new fastening of the same specifications as being used on the motor assembly.
</P>
<P>(4) A new tapped hole shall be used for each standard and test sample. The hole shall be of the same specifications as used on the motor assembly.
</P>
<P>(5) Each standard and test sample shall be inserted in the tapped hole and continuously and uniformly tightened at a speed not to exceed 30 rpm until the fastening's proof load is achieved. The torquing device shall not contact the locking device or the threaded portion of the fastening.
</P>
<P>(6) Each standard and test sample shall be engaged and disengaged for 15 full cycles.
</P>
<P>(b) <I>Acceptable performance.</I> The minimum torque value required to start removal of the fastening from the installed position (minimum breakway torque) for any cycle of any test sample shall be greater than or equal to the average breakway torque of each removal cycle of every standard sample.


</P>
</DIV8>


<DIV8 N="§ 7.309" NODE="30:1.0.1.2.5.7.1.9" TYPE="SECTION">
<HEAD>§ 7.309   Approval marking.</HEAD>
<P>Each approved motor assembly shall be identified by a legible and permanent approval plate inscribed with the assigned MSHA approval number and a warning statement as specified in § 7.306(d) of this part. The plate shall be securely attached to the motor assembly in a manner that does not impair any explosion-proof characteristics.


</P>
</DIV8>


<DIV8 N="§ 7.310" NODE="30:1.0.1.2.5.7.1.10" TYPE="SECTION">
<HEAD>§ 7.310   Post-approval product audit.</HEAD>
<P>Upon request by MSHA but not more than once a year, except for cause, the approval holder shall make a motor assembly available for audit at no cost.


</P>
</DIV8>


<DIV8 N="§ 7.311" NODE="30:1.0.1.2.5.7.1.11" TYPE="SECTION">
<HEAD>§ 7.311   Approval checklist.</HEAD>
<P>Each motor assembly bearing an MSHA approval marking shall be accompanied by a list of items necessary for maintenance of the motor assembly as approved.



</P>
</DIV8>


<DIV9 N="Appendix I" NODE="30:1.0.1.2.5.7.1.12.1" TYPE="APPENDIX">
<HEAD>Appendix I to Subpart J of Part 7

</HEAD>
<img src="/graphics/ec22oc91.004.gif"/>
<img src="/graphics/ec22oc91.005.gif"/>
<img src="/graphics/ec22oc91.006.gif"/>
<img src="/graphics/ec22oc91.007.gif"/>
<img src="/graphics/ec22oc91.008.gif"/>
<img src="/graphics/ec22oc91.009.gif"/>
<img src="/graphics/ec22oc91.010.gif"/>
<img src="/graphics/ec22oc91.011.gif"/>
<img src="/graphics/ec22oc91.012.gif"/>
<img src="/graphics/ec22oc91.013.gif"/>
</DIV9>

</DIV6>


<DIV6 N="K" NODE="30:1.0.1.2.5.8" TYPE="SUBPART">
<HEAD>Subpart K—Electric Cables, Signaling Cables, and Cable Splice Kits</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>57 FR 61220, Dec. 23, 1992, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 7.401" NODE="30:1.0.1.2.5.8.1.1" TYPE="SECTION">
<HEAD>§ 7.401   Purpose and effective date.</HEAD>
<P>This subpart establishes the flame-resistant requirements for approval of electric cables, signaling cables and cable splice kit designs. Applications for approval or extension of approval submitted after February 22, 1994 shall meet the requirements of this subpart.


</P>
</DIV8>


<DIV8 N="§ 7.402" NODE="30:1.0.1.2.5.8.1.2" TYPE="SECTION">
<HEAD>§ 7.402   Definitions.</HEAD>
<P>The following definitions apply in this subpart.
</P>
<P><I>Component.</I> Any material in a cable splice kit which becomes part of a splice.
</P>
<P><I>Conductor.</I> A bare or insulated wire or combination of wires not insulated from one another, suitable for carrying an electric current.
</P>
<P><I>Electric Cable.</I> An assembly of one or more insulated conductors of electric current under a common or integral jacket. A cable may also contain one or more uninsulated conductors.
</P>
<P><I>Jacket.</I> A nonmetallic abrasion-resistant outer covering of a cable or splice.
</P>
<P><I>Power Conductor.</I> An insulated conductor of a cable assembly through which the primary electric current or power is transmitted.
</P>
<P><I>Signaling Cable.</I> A fiber optic cable, or a cable containing electric conductors of a cross-sectional area less than #14 AWG used where the circuit cannot deliver currents which would increase conductor temperatures beyond that established for the current-carrying capacity of the conductors.
</P>
<P><I>Splice.</I> The mechanical joining of one or more severed conductors in a single length of a cable including the replacement of insulation and jacket.
</P>
<P><I>Splice Kit.</I> A group of materials and related instructions which clearly identify all components and detail procedures used in safely making a flame-resistant splice in an electric cable.


</P>
</DIV8>


<DIV8 N="§ 7.403" NODE="30:1.0.1.2.5.8.1.3" TYPE="SECTION">
<HEAD>§ 7.403   Application requirements.</HEAD>
<P>(a) <I>Electric cables and signaling cables.</I> A single application may address two or more sizes, types, and constructions if the products do not differ in composition of materials or basic design. Applications shall include the following information for each product:
</P>
<P>(1) Product information:
</P>
<P>(i) Cable type (for example, G or G-GC).
</P>
<P>(ii) Construction (for example, round or flat).
</P>
<P>(iii) Number and size (gauge) of each conductor. 
</P>
<P>(iv) Voltage rating for all cables containing electric conductors.
</P>
<P>(v) For electric cables, current-carrying capacity of each conductor, with corresponding ambient temperature upon which the current rating (ampacity) is based, of each power conductor.
</P>
<P>(2) Design standard. Specify any published consensus standard used and fully describe any deviations from it, or fully describe any nonstandard design used.
</P>
<P>(3) Materials. Type and identifying numbers for each material comprising the finished assembly.
</P>
<P>(b) <I>Splice kit.</I> A single application may address two or more sizes, types, and constructions if the products do not differ in composition of materials or basic design. Applications shall include the following information for each product:
</P>
<P>(1) Product information:
</P>
<P>(i) Trade name or designation (for example, style or code number).
</P>
<P>(ii) Type or kit (for example, shielded or nonshielded). 
</P>
<P>(iii) Voltage rating.
</P>
<P>(2) Design standard. Specify any published design standard used and fully describe any deviations from it, or provide complete final assembly dimensions for all components for each cable that the splice kit is designed to repair.
</P>
<P>(3) Materials. Type of materials, supplier, supplier's stock number or designation for each component.
</P>
<P>(4) Complete splice assembly instructions which clearly identify all components and detail procedures used in making the splice.


</P>
</DIV8>


<DIV8 N="§ 7.404" NODE="30:1.0.1.2.5.8.1.4" TYPE="SECTION">
<HEAD>§ 7.404   Technical requirements.</HEAD>
<P>(a) Electric cables and splices shall be flame resistant when tested in accordance with § 7.407.
</P>
<P>(b) Signaling cables shall be flame resistant when tested in accordance with § 7.408.


</P>
</DIV8>


<DIV8 N="§ 7.405" NODE="30:1.0.1.2.5.8.1.5" TYPE="SECTION">
<HEAD>§ 7.405   Critical characteristics.</HEAD>
<P>(a) A sample from each production run, batch, or lot of manufactured electric cable, signaling cable, or splice made from a splice kit shall be flame tested, or 
</P>
<P>(b) A sample of the materials that contribute to the flame-resistant characteristic of the cable or splice and a sample of the cable or splice kit assembly shall be visually inspected or tested through other means for each production run, batch, or lot to ensure that the finished product meets the flame-resistance test.


</P>
</DIV8>


<DIV8 N="§ 7.406" NODE="30:1.0.1.2.5.8.1.6" TYPE="SECTION">
<HEAD>§ 7.406   Flame test apparatus.</HEAD>
<P>The principal parts of the apparatus used to test for flame resistance of electric cables, signaling cables and splices shall include#:
</P>
<P>(a) <I>Test chamber.</I> A rectangular enclosure measuring 17 inches deep by 14
<FR>1/2</FR> inches high by 39 inches wide and completely open at the top and front. The floor or base of the chamber shall be fabricated or lined with a noncombustible material that will not extinguish burning matter which may fall from the test specimen during testing. The chamber shall have permanent connections mounted to the back wall, sides, or floor of the chamber which extend to the sample end location. These are used to energize the electric cable and splice specimens. They are not used, but may stay in place, when testing signaling cables.
</P>
<P>(b) <I>Specimen holder (support).</I> A specimen holder (support) consisting of three separate metal rods each measuring approximately 
<FR>3/16</FR> inch in diameter (nominal) to support the specimen. The horizontal portion of the rod which contacts the test specimen shall be approximately 12 inches in length.
</P>
<P>(c) <I>Gas ignition source.</I> A standard natural gas type Tirrill burner, with a nominal inside diameter of 
<FR>3/8</FR> inch, to apply the flame to the test specimen. The fuel for the burner shall be natural gas composed of at least 96 percent combustible hydrocarbons, with at least 80 percent being methane.
</P>
<P>(d) <I>Current source.</I> (For electric cables and splices only). A source of electric current (either alternating current or direct current) for heating the power conductors of the test specimen. The current source shall have a means to regulate current flow through the test specimen and have an open circuit voltage not exceeding the voltage rating of the test specimen.
</P>
<P>(e) <I>Current measuring device.</I> (For electric cables and splices only). An instrument to monitor the effective value of heating current flow through the power conductors of the specimen within an accuracy of ±1 percent.
</P>
<P>(f) <I>Temperature measuring device.</I> (For electric cables and splices only). An instrument to measure conductor temperature within an accuracy of ±2 percent without the necessity of removing material from the test specimen in order to measure the temperature.


</P>
</DIV8>


<DIV8 N="§ 7.407" NODE="30:1.0.1.2.5.8.1.7" TYPE="SECTION">
<HEAD>§ 7.407   Test for flame resistance of electric cables and cable splices.</HEAD>
<P>(a) <I>Test procedure.</I> (1) For electric cables, prepare 3 specimens of cable, each 3 feet in length, by removing 5 inches of jacket material and 2
<FR>1/2</FR> inches of conductor insulation from both ends of each test specimen. For splices, prepare a splice specimen in each of 3 sections of MSHA-approved flame-resistant cable. The cable shall be of the type that the splice kit is designed to repair. The finished splice shall not exceed 18 inches or be less than 6 inches in length for test purposes. The spliced cables shall be 3 feet in length with the midpoint of the splice located 14 inches from one end. Both ends of each of the spliced cables shall be prepared by removing 5 inches of jacket material and 2
<FR>1/2</FR> inches of conductor insulation. The type, amperage, voltage rating, and construction of the cable shall be compatible with the splice kit design. Each splice shall be made in accordance with the instructions provided with the splice kit.
</P>
<P>(2) Prior to testing, condition each test specimen for a minimum of 24 hours at a temperature of 70 ±10 °F (21.1 ±5.5 °C) and a relative humidity of 55 ±10 percent. These environmental conditions shall be maintained during testing.
</P>
<P>(3) For electric cables, locate the sensing element of the temperature measuring device 26 inches from one end of each test specimen. For splices, locate the sensing element 12 inches from the midpoint of the splice and 10 inches from the end of the cable. The sensing element must be secured so that it remains in direct contact with the metallic portion of the power conductor for the duration of the flame-resistant test. If a thermocouple-type temperature measuring instrument is used, connect the sensing element through the cable jacket and power conductor insulation. Other means for monitoring conductor temperature may be used, provided the temperature measurement is made at the same location. If the jacket and conductor insulation must be disturbed to insert the temperature measuring device, each must be restored as closely as possible to its original location and maintained there for the duration of the testing. 
</P>
<P>(4) Center the test specimen horizontally in the test chamber on the three rods. The three rods shall be positioned perpendicular to the longitudinal axis of the test specimen and at the same height, which permits the tip of the inner cone from the flame of the gas burner, when adjusted in accordance with the test procedure, to touch the jacket of the test specimen. The specimen shall be maintained at this level for the duration of the flame test. The two outermost rods shall be placed so that 1 inch of cable jacket extends beyond each rod. For electric cables, the third rod shall be placed 14 inches from the end of the test specimen nearer the temperature monitoring location on the specimen. For splices, the third rod shall be placed between the splice and the temperature monitoring location at a distance 8 inches from the midpoint of the splice. The specimen shall be free from external air currents during testing. 
</P>
<P>(5) Adjust the gas burner to give an overall blue flame 5 inches high with a 3-inch inner cone. There shall be no persistence of yellow coloration. 
</P>
<P>(6) Connect all power conductors of the test specimen to the current source. The connections shall be secure and compatible with the size of the cable's power conductors in order to reduce contact resistance.
</P>
<P>(7) Energize all power conductors of the test specimen with an effective heating current value of 5 times the power conductor ampacity rating (to the nearest whole ampere) at an ambient temperature of 104 °F (40 °C). 
</P>
<P>(8) Monitor the electric current through the power conductors of the test specimen with the current measuring device. Adjust the amount of heating current, as required, to maintain the proper effective heating current value within ±5 percent until the power conductors reach a temperature of 400 °F (204.4 °C). 
</P>
<P>(9) For electric cables, apply the tip of the inner cone from the flame of the gas burner directly beneath the test specimen for 60 seconds at a location 14 inches from one end of the cable and between the supports separated by a 16-inch distance. For splices, apply the tip of the inner cone from the flame of a gas burner for 60 seconds beneath the midpoint of the splice jacket. 
</P>
<P>(10) After subjecting the test specimen to external flame for the specified time, fully remove the flame of the gas from beneath the specimen without disturbing air currents within the test chamber. Simultaneously turn off the heating current. 
</P>
<P>(11) Record the amount of time the test specimen continues to burn after the flame from the gas burner has been removed. The duration of burning includes the burn time of any material that falls from the test specimen after the flame from the gas has been removed. 
</P>
<P>(12) Record the length of burned (charred) area of each test specimen measured longitudinally along the cable axis. 
</P>
<P>(13) Repeat the procedure for the remaining two specimens. 
</P>
<P>(b) <I>Acceptable performance.</I> Each of the three test specimens shall meet the following criteria:
</P>
<P>(1) The duration of burning shall not exceed 240 seconds.
</P>
<P>(2) The length of the burned (charred) area shall not exceed 6 inches.


</P>
</DIV8>


<DIV8 N="§ 7.408" NODE="30:1.0.1.2.5.8.1.8" TYPE="SECTION">
<HEAD>§ 7.408   Test for flame resistance of signaling cables.</HEAD>
<P>(a) <I>Test procedure.</I> (1) Prepare 3 samples of cable each 2 feet long. 
</P>
<P>(2) Prior to testing, condition each test specimen for a minimum of 24 hours at a temperature of 70 ±10 °F (21.1 ±5.5 °C) and relative humidity of 55 ±10 percent. These environmental conditions shall be maintained during testing. 
</P>
<P>(3) Center the test specimen horizontally in the test chamber on the three rods. The three rods shall be positioned perpendicular to the longitudinal axis of the test specimen and at the same height, which permits the tip of the inner cone from the flame of the gas burner, when adjusted in accordance with the test procedure, to touch the test specimen. The specimen shall be maintained at this height for the duration of the flame test. The two outermost rods shall be placed so that 1 inch of cable extends beyond each rod. The third rod shall be placed at the midpoint of the cable. The specimen shall be free from external air currents during testing.
</P>
<P>(4) Adjust the gas burner to give an overall blue flame 5 inches high with a 3-inch inner cone. There shall be no persistence of yellow coloration. 
</P>
<P>(5) Apply the tip of the inner cone from the flame of the gas burner for 30 seconds directly beneath the specimen centered between either and support and the center support. 
</P>
<P>(6) After subjecting the test specimen to external flame for the specified time, fully remove the flame of the gas from beneath the specimen without disturbing air currents within the test chamber.
</P>
<P>(7) Record the amount of time the test specimen continues to burn after the flame from the gas burner has been removed. The duration of burning includes the burn time of any material that falls from the test specimen after the flame from the gas has been removed. 
</P>
<P>(8) Record the length of burned (charred) area of each test specimen measured longitudinally along the cable axis. 
</P>
<P>(9) Repeat the procedure for the remaining two specimens. 
</P>
<P>(b) <I>Acceptable performance.</I> Each of the three test specimens shall meet the following criteria:
</P>
<P>(1) The duration of burning shall not exceed 60 seconds.
</P>
<P>(2) The length of the burned (charred) area shall not exceed 6 inches.


</P>
</DIV8>


<DIV8 N="§ 7.409" NODE="30:1.0.1.2.5.8.1.9" TYPE="SECTION">
<HEAD>§ 7.409   Approval marking.</HEAD>
<P>Approved electric cables, signaling cables, and splices shall be legibly and permanently marked with the MSHA-assigned approval marking. For electric cables and signaling cables, the marking shall appear at intervals not exceeding 3 feet and shall include the MSHA-assigned approval number in addition to the number and size (gauge) of conductors and cable type. For cables containing electric conductors, the marking shall also include the voltage rating. For splices, the marking shall be placed on the jacket so that it will appear at least once on the assembled splice.


</P>
</DIV8>


<DIV8 N="§ 7.410" NODE="30:1.0.1.2.5.8.1.10" TYPE="SECTION">
<HEAD>§ 7.410   Post-approval product audit.</HEAD>
<P>Upon request by MSHA, but no more than once a year except for cause, the approval holder shall supply to MSHA for audit at no cost—
</P>
<P>(a) 12 feet of an approved electric cable or approved signaling cable; or
</P>
<P>(b) 3 splice kits of one approved splice kit design and 12 feet of MSHA-assigned cable that the splice kit is designed to repair.


</P>
</DIV8>


<DIV8 N="§ 7.411" NODE="30:1.0.1.2.5.8.1.11" TYPE="SECTION">
<HEAD>§ 7.411   New technology.</HEAD>
<P>MSHA may approve cable products or splice kits that incorporate technology for which the requirements of this subpart are not applicable if the Agency determines that they are as safe as those which meet the requirements of this subpart.


</P>
</DIV8>

</DIV6>


<DIV6 N="L" NODE="30:1.0.1.2.5.9" TYPE="SUBPART">
<HEAD>Subpart L—Refuge Alternatives</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>74 FR 80694, Dec. 31, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 7.501" NODE="30:1.0.1.2.5.9.1.1" TYPE="SECTION">
<HEAD>§ 7.501   Purpose and scope.</HEAD>
<P>This subpart L establishes requirements for MSHA approval of refuge alternatives and components for use in underground coal mines. Refuge alternatives are intended to provide a life-sustaining environment for persons trapped underground when escape is impossible.


</P>
</DIV8>


<DIV8 N="§ 7.502" NODE="30:1.0.1.2.5.9.1.2" TYPE="SECTION">
<HEAD>§ 7.502   Definitions.</HEAD>
<P>The following definitions apply in this subpart:
</P>
<P><I>Apparent temperature.</I> A measure of relative discomfort due to the combined effects of air movement, heat, and humidity on the human body.
</P>
<P><I>Breathable oxygen.</I> Oxygen that is at least 99 percent pure with no harmful contaminants.
</P>
<P><I>Flash fire.</I> A fire that rapidly spreads through a diffuse fuel, such as airborne coal dust or methane, without producing damaging pressure.
</P>
<P><I>Noncombustible material.</I> Material, such as concrete or steel, that will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat.
</P>
<P><I>Overpressure.</I> The highest pressure over the background atmospheric pressure that could result from an explosion, which includes the impact of the pressure wave on an object.
</P>
<P><I>Refuge alternative.</I> A protected, secure space with an isolated atmosphere and integrated components that create a life-sustaining environment for persons trapped in an underground coal mine.


</P>
</DIV8>


<DIV8 N="§ 7.503" NODE="30:1.0.1.2.5.9.1.3" TYPE="SECTION">
<HEAD>§ 7.503   Application requirements.</HEAD>
<P>(a) An application for approval of a refuge alternative or component shall include:
</P>
<P>(1) The refuge alternative's or component's make and model number, if applicable.
</P>
<P>(2) A list of the refuge alternative's or component's parts that includes—
</P>
<P>(i) The MSHA approval number for electric-powered equipment;
</P>
<P>(ii) Each component's or part's in-mine shelf life, service life, and recommended replacement schedule;
</P>
<P>(iii) Materials that have a potential to ignite used in each component or part with their MSHA approval number; and
</P>
<P>(iv) A statement that the component or part is compatible with other components and, upon replacement, is equivalent to the original component or part.
</P>
<P>(3) The capacity and duration (the number of persons it is designed to maintain and for how long) of the refuge alternative or component on a per-person per-hour basis.
</P>
<P>(4) The length, width, and height of the space required for storage of each component.
</P>
<P>(b) The application for approval of the refuge alternative shall include the following:
</P>
<P>(1) A description of the breathable air component, including drawings, air-supply sources, piping, regulators, and controls.
</P>
<P>(2) The maximum volume, excluding the airlock; the dimensions of floor space and volume provided for each person using the refuge alternative; and the floor space and volume of the airlock.
</P>
<P>(3) The maximum positive pressures in the interior space and the airlock and a description of the means used to limit or control the positive pressure.
</P>
<P>(4) The maximum allowable apparent temperature of the interior space and the airlock and the means to control the apparent temperature.
</P>
<P>(5) The maximum mine air temperature under which the refuge alternative is designed to operate when the unit is fully occupied.
</P>
<P>(6) Drawings that show the features of each component and contain sufficient information to document compliance with the technical requirements.
</P>
<P>(7) A manual that contains sufficient detail for each refuge alternative or component addressing in-mine transportation, operation, and maintenance of the unit.
</P>
<P>(8) A summary of the procedures for deploying refuge alternatives.
</P>
<P>(9) A summary of the procedures for using the refuge alternative.
</P>
<P>(10) The results of inspections, evaluations, calculations, and tests conducted under this subpart.
</P>
<P>(c) The application for approval of the air-monitoring component shall specify the following:
</P>
<P>(1) The operating range, type of sensor, gas or gases measured, and environmental limitations, including the cross-sensitivity to other gases, of each detector or device in the air-monitoring component.
</P>
<P>(2) The procedure for operation of the individual devices so that they function as necessary to test gas concentrations over a 96-hour period.
</P>
<P>(3) The procedures for monitoring and maintaining breathable air in the airlock, before and after purging.
</P>
<P>(4) The instructions for determining the quality of the atmosphere in the airlock and refuge alternative interior and a means to maintain breathable air in the airlock.
</P>
<P>(d) The application for approval of the harmful gas removal component shall specify the following:
</P>
<P>(1) The volume of breathable air available for removing harmful gas both at start-up and while persons enter through the airlock.
</P>
<P>(2) The maximum volume of each gas that the component is designed to remove on a per-person per-hour basis.


</P>
</DIV8>


<DIV8 N="§ 7.504" NODE="30:1.0.1.2.5.9.1.4" TYPE="SECTION">
<HEAD>§ 7.504   Refuge alternatives and components; general requirements.</HEAD>
<P>(a) <I>Refuge alternatives and components:</I> (1) Electrical components that are exposed to the mine atmosphere shall be approved as intrinsically safe for use. Electrical components located inside the refuge alternative shall be either approved as intrinsically safe or approved as permissible.
</P>
<P>(2) Shall not produce continuous noise levels in excess of 85 dBA in the structure's interior.
</P>
<P>(3) Shall not liberate harmful or irritating gases or particulates into the structure's interior or airlock.
</P>
<P>(4) Shall be designed so that the refuge alternative can be safely moved with the use of appropriate devices such as tow bars.
</P>
<P>(5) Shall be designed to withstand forces from collision of the refuge alternative structure during transport or handling.
</P>
<P>(b) The apparent temperature in the structure shall be controlled as follows:
</P>
<P>(1) When used in accordance with the manufacturer's instructions and defined limitations, the apparent temperature in the fully occupied refuge alternative shall not exceed 95 degrees Fahrenheit (°F).
</P>
<P>(2) Tests shall be conducted to determine the maximum apparent temperature in the refuge alternative when used at maximum occupancy and in conjunction with required components. Test results including calculations shall be reported in the application.
</P>
<P>(c) The refuge alternative shall include:
</P>
<P>(1) A two-way communication facility that is a part of the mine communication system, which can be used from inside the refuge alternative; and accommodations for an additional communication system and other requirements as defined in the communications portion of the operator's approved Emergency Response Plan.
</P>
<P>(2) Lighting sufficient for persons to perform tasks.
</P>
<P>(3) A means to contain human waste effectively and minimize objectionable odors.
</P>
<P>(4) First aid supplies.
</P>
<P>(5) Materials, parts, and tools for repair of components.
</P>
<P>(6) A fire extinguisher that—
</P>
<P>(i) Meets the requirements for portable fire extinguishers used in underground coal mines under part 75;
</P>
<P>(ii) Is appropriate for extinguishing fires involving the chemicals used for harmful gas removal; and
</P>
<P>(iii) Uses a low-toxicity extinguishing agent that does not produce a hazardous by-product when deployed.
</P>
<P>(d) Containers used for storage of refuge alternative components or provisions shall be—
</P>
<P>(1) Airtight, waterproof, and rodent-proof;
</P>
<P>(2) Easy to open and close without the use of tools; and
</P>
<P>(3) Conspicuously marked with an expiration date and instructions for use.


</P>
</DIV8>


<DIV8 N="§ 7.505" NODE="30:1.0.1.2.5.9.1.5" TYPE="SECTION">
<HEAD>§ 7.505   Structural components.</HEAD>
<P>(a) The structure shall—
</P>
<P>(1) Provide at least 15 square feet of floor space per person and 30 to 60 cubic feet of volume per person according to the following chart. The airlock can be included in the space and volume if waste is disposed outside the refuge alternative.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Mining height
<br/>(inches) 
</TH><TH class="gpotbl_colhed" scope="col">Unrestricted volume
<br/>(cubic feet) per person *
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36 or less</TD><TD align="right" class="gpotbl_cell">30 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;36-≤42</TD><TD align="right" class="gpotbl_cell">37.5 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;42-≤48</TD><TD align="right" class="gpotbl_cell">45 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;48-≤54</TD><TD align="right" class="gpotbl_cell">52.5 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;54</TD><TD align="right" class="gpotbl_cell">60
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">* Includes an adjustment of 12 inches for clearances.</P></DIV></DIV>
<P>(2) Include storage space that secures and protects the components during transportation and that permits ready access to components for maintenance examinations.
</P>
<P>(3) Include an airlock that creates a barrier and isolates the interior space from the mine atmosphere, except for a refuge alternative capable of maintaining adequate positive pressure.
</P>
<P>(i) The airlock shall be designed for multiple uses to accommodate the structure's maximum occupancy.
</P>
<P>(ii) The airlock shall be configured to accommodate a stretcher without compromising its function.
</P>
<P>(4) Be designed and made to withstand 15 pounds per square inch (psi) overpressure for 0.2 seconds prior to deployment.
</P>
<P>(5) Be designed and made to withstand exposure to a flash fire of 300 °F for 3 seconds prior to deployment.
</P>
<P>(6) Be made with materials that do not have a potential to ignite or are MSHA-approved.
</P>
<P>(7) Be made from reinforced material that has sufficient durability to withstand routine handling and resist puncture and tearing during deployment and use.
</P>
<P>(8) Be guarded or reinforced to prevent damage to the structure that would hinder deployment, entry, or use.
</P>
<P>(9) Permit measurement of outside gas concentrations without exiting the structure or allowing entry of the outside atmosphere.
</P>
<P>(b) Inspections or tests shall be conducted as follows:
</P>
<P>(1) A test shall be conducted to demonstrate that trained persons can fully deploy the structure, without the use of tools, within 10 minutes of reaching the refuge alternative.
</P>
<P>(2) A test shall be conducted to demonstrate that an overpressure of 15 psi applied to the pre-deployed refuge alternative structure for 0.2 seconds does not allow gases to pass through the structure separating the interior and exterior atmospheres.
</P>
<P>(3) A test shall be conducted to demonstrate that a flash fire of 300 °F for 3 seconds does not allow gases to pass from the outside to the inside of the structure.
</P>
<P>(4) An inspection shall be conducted to determine that the overpressure forces of 15 psi applied to the pre-deployed refuge alternative structure for 0.2 seconds does not prevent the stored components from operating.
</P>
<P>(5) An inspection shall be conducted to determine that a flash fire of 300 °F for 3 seconds does not prevent the stored components from operating.
</P>
<P>(6) A test shall be conducted to demonstrate that each structure resists puncture and tearing when tested in accordance with ASTM D2582-07 “Standard Test Method for Puncture-Propagation Tear Resistance of Plastic Film and Thin Sheeting.” This publication is incorporated by reference. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy may be obtained from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; <I>http://www.astm.org.</I> A copy may be inspected at any MSHA Coal Mine Safety and Health District Office; or at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(7) A test shall be conducted to demonstrate that each reasonably anticipated repair can be completed within 10 minutes of opening the storage space for repair materials and tools.
</P>
<P>(8) A test shall be conducted to demonstrate that no harmful gases or noticeable odors are released from nonmetallic materials before or after the flash fire test. The test shall identify the gases released and determine their concentrations.
</P>
<P>(c) If pressurized air is used to deploy the structure or maintain its shape, the structure shall—
</P>
<P>(1) Include a pressure regulator or other means to prevent over pressurization of the structure, and
</P>
<P>(2) Provide a means to repair and re-pressurize the structure in case of failure of the structure or loss of air pressure.
</P>
<P>(d) The refuge alternative structure shall provide a means—
</P>
<P>(1) To conduct a preshift examination, without entering the structure, of components critical for deployment; and
</P>
<P>(2) To indicate unauthorized entry or tampering.
</P>
<CITA TYPE="N">[73 FR 80694, Dec. 31, 2008, as amended at 80 FR 52985, Sept. 2, 2015; 91 FR 9447, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 7.506" NODE="30:1.0.1.2.5.9.1.6" TYPE="SECTION">
<HEAD>§ 7.506   Breathable air components.</HEAD>
<P>(a) Breathable air shall be supplied by compressed air cylinders, compressed breathable-oxygen cylinders, or boreholes with fans installed on the surface or compressors installed on the surface. Only uncontaminated breathable air shall be supplied to the refuge alternative.
</P>
<P>(b) Mechanisms shall be provided and procedures shall be included so that, within the refuge alternative,—
</P>
<P>(1) The breathable air sustains each person for 96 hours,
</P>
<P>(2) The oxygen concentration is maintained at levels between 18.5 and 23 percent, and
</P>
<P>(3) The average carbon dioxide concentration is 1.0 percent or less and excursions do not exceed 2.5 percent.
</P>
<P>(c) Breathable air supplied by compressed air from cylinders, fans, or compressors shall provide a minimum flow rate of 12.5 cubic feet per minute of breathable air for each person.
</P>
<P>(1) Fans or compressors shall meet the following:
</P>
<P>(i) Be equipped with a carbon monoxide detector located at the surface that automatically provides a visual and audible alarm if carbon monoxide in supplied air exceeds 10 parts per million (ppm).
</P>
<P>(ii) Provide in-line air-purifying sorbent beds and filters or other equivalent means to assure the breathing air quality and prevent condensation, and include maintenance instructions that provide specifications for periodic replacement or refurbishment.
</P>
<P>(iii) Provide positive pressure and an automatic means to assure that the pressure is relieved at 0.18 psi, or as specified by the manufacturer, above mine atmospheric pressure in the refuge alternative.
</P>
<P>(iv) Include warnings to assure that only uncontaminated breathable air is supplied to the refuge alternative.
</P>
<P>(v) Include air lines to supply breathable air from the fan or compressor to the refuge alternative.
</P>
<P>(A) Air lines shall be capable of preventing or removing water accumulation.
</P>
<P>(B) Air lines shall be designed and protected to prevent damage during normal mining operations, a flash fire of 300 °F for 3 seconds, a pressure wave of 15 psi overpressure for 0.2 seconds, and ground failure.
</P>
<P>(vi) Assure that harmful or explosive gases, water, and other materials cannot enter the breathable air.
</P>
<P>(2) Redundant fans or compressors and power sources shall be provided to permit prompt re-activation of equipment in the event of failure.
</P>
<P>(d) Compressed breathable oxygen shall—
</P>
<P>(1) Include instructions for deployment and operation;
</P>
<P>(2) Provide oxygen at a minimum flow rate of 1.32 cubic feet per hour per person;
</P>
<P>(3) Include a means to readily regulate the pressure and volume of the compressed oxygen;
</P>
<P>(4) Include an independent regulator as a backup in case of failure; and
</P>
<P>(5) Be used only with regulators, piping, and other equipment that is certified and maintained to prevent ignition or combustion.
</P>
<P>(e) The applicant shall prepare and submit an analysis or study demonstrating that the breathable air component will not cause an ignition.
</P>
<P>(1) The analysis or study shall specifically address oxygen fire hazards and fire hazards from chemicals used for removal of carbon dioxide.
</P>
<P>(2) The analysis or study shall identify the means used to prevent any ignition source.


</P>
</DIV8>


<DIV8 N="§ 7.507" NODE="30:1.0.1.2.5.9.1.7" TYPE="SECTION">
<HEAD>§ 7.507   Air-monitoring components.</HEAD>
<P>(a) Each refuge alternative shall have an air-monitoring component that provides persons inside with the ability to determine the concentrations of carbon dioxide, carbon monoxide, oxygen, and methane, inside and outside the structure, including the airlock.
</P>
<P>(b) Refuge alternatives designed for use in mines with a history of harmful gases, other than carbon monoxide, carbon dioxide, and methane, shall be equipped to measure the harmful gases' concentrations.
</P>
<P>(c) The air-monitoring component shall be inspected or tested and the test results shall be included in the application.
</P>
<P>(d) The air-monitoring component shall meet the following:
</P>
<P>(1) The total measurement error, including the cross-sensitivity to other gases, shall not exceed ±10 percent of the reading, except as specified in the approval.
</P>
<P>(2) The measurement error limits shall not be exceeded after start-up, after 8 hours of continuous operation, after 96 hours of storage, and after exposure to atmospheres with a carbon monoxide concentration of 999 ppm (full-scale), a carbon dioxide concentration of 3 percent, and full-scale concentrations of other gases.
</P>
<P>(3) Calibration gas values shall be traceable to the National Institute for Standards and Technology (NIST) “Standard Reference Materials” (SRMs).
</P>
<P>(4) The analytical accuracy of the calibration gas and span gas values shall be within 2.0 percent of NIST gas standards.
</P>
<P>(5) The detectors shall be capable of being kept fully charged and ready for immediate use.


</P>
</DIV8>


<DIV8 N="§ 7.508" NODE="30:1.0.1.2.5.9.1.8" TYPE="SECTION">
<HEAD>§ 7.508   Harmful gas removal components.</HEAD>
<P>(a) Each refuge alternative shall include means for removing harmful gases.
</P>
<P>(1) Purging or other effective procedures shall be provided for the airlock to dilute the carbon monoxide concentration to 25 ppm or less and the methane concentration to 1.0 percent or less as persons enter, within 20 minutes of persons deploying the refuge alternative.
</P>
<P>(2) Chemical scrubbing or other effective procedures shall be provided so that the average carbon dioxide concentration in the occupied structure shall not exceed 1.0 percent over the rated duration, and excursions shall not exceed 2.5 percent.
</P>
<P>(i) Carbon dioxide removal components shall be used with breathable air cylinders or oxygen cylinders.
</P>
<P>(ii) Carbon dioxide removal components shall remove carbon dioxide at a rate of 1.08 cubic feet per hour per person.
</P>
<P>(3) Instructions shall be provided for deployment and operation of the harmful gas removal component.
</P>
<P>(b) The harmful gas removal component shall meet the following requirements: Each chemical used for removal of harmful gas shall be—
</P>
<P>(1) Contained such that when stored or used it cannot come in contact with persons, and it cannot release airborne particles.
</P>
<P>(2) Provided with all materials; parts, such as hangers, racks, and clips; equipment; and instructions necessary for deployment and use.
</P>
<P>(3) Stored in an approved container that is conspicuously marked with the manufacturer's instructions for disposal of used chemical.
</P>
<P>(c) Each harmful gas removal component shall be tested to determine its ability to remove harmful gases.
</P>
<P>(1) The component shall be tested in a refuge alternative structure that is representative of the configuration and maximum volume for which the component is designed.
</P>
<P>(i) The test shall include three sampling points located vertically along the centerlines of the length and width of the structure and equally spaced over the horizontal centerline of the height of the structure.
</P>
<P>(ii) The structure shall be sealed airtight.
</P>
<P>(iii) The operating gas sampling instruments shall be placed inside the structure and continuously exposed to the test atmosphere.
</P>
<P>(iv) Sampling instruments shall simultaneously measure the gas concentrations at the three sampling points.
</P>
<P>(2) For testing the component's ability to remove carbon monoxide, the structure shall be filled with a test gas of either purified synthetic air or purified nitrogen that contains 400 ppm carbon monoxide, ±5 percent.
</P>
<P>(i) After a stable concentration of 400 ppm, ±5 percent, carbon monoxide has been obtained for 5 minutes at all three sampling points, a timer shall be started and the structure shall be purged or carbon monoxide otherwise removed.
</P>
<P>(ii) Carbon monoxide concentration readings from each of the three sampling instruments shall be recorded every 2 minutes.
</P>
<P>(iii) The time shall be recorded from the start of harmful gas removal until the readings of the three sampling instruments all indicate a carbon monoxide concentration of 25 ppm or less.
</P>
<P>(3) For testing the component's ability to remove carbon dioxide, the carbon dioxide concentration shall not exceed 1.0 percent over the rated duration and excursions shall not exceed 2.5 percent under the following conditions:
</P>
<P>(i) At 55 °F (±4 °F), 1 atmosphere (±1 percent), and 50 percent (±5 percent) relative humidity.
</P>
<P>(ii) At 55 °F (±4 °F), 1 atmosphere (±1 percent), and 100 percent (±5 percent) relative humidity.
</P>
<P>(iii) At 90 °F (±4 °F), 1 atmosphere (±1 percent), and 50 percent (±5 percent) relative humidity.
</P>
<P>(iv) At 82 °F (±4 °F), 1 atmosphere (±1 percent), and 100 percent (±5 percent) relative humidity.
</P>
<P>(4) Testing shall demonstrate the component's continued ability to remove harmful gases effectively throughout its designated shelf-life, specifically addressing the effects of storage and transportation.
</P>
<P>(d) Alternate performance tests may be conducted if the tests provide the same level of assurance of the harmful gas removal component's capability as the tests specified in paragraph (c) of this section. Alternate tests shall be specified in the approval application.


</P>
</DIV8>


<DIV8 N="§ 7.509" NODE="30:1.0.1.2.5.9.1.9" TYPE="SECTION">
<HEAD>§ 7.509   Approval markings.</HEAD>
<P>(a) Each approved refuge alternative or component shall be identified by a legible, permanent approval marking that is securely and conspicuously attached to the component or its container.
</P>
<P>(b) The approval marking shall be inscribed with the component's MSHA approval number and any additional markings required by the approval.
</P>
<P>(c) The refuge alternative structure shall provide a conspicuous means for indicating an out-of-service status, including the reason it is out of service.
</P>
<P>(d) The airlock shall be conspicuously marked with the recommended maximum number of persons that can use it at one time.


</P>
</DIV8>


<DIV8 N="§ 7.510" NODE="30:1.0.1.2.5.9.1.10" TYPE="SECTION">
<HEAD>§ 7.510   New technology.</HEAD>
<P>MSHA may approve a refuge alternative or a component that incorporates new knowledge or technology, if the applicant demonstrates that the refuge alternative or component provides no less protection than those meeting the requirements of this subpart.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="14" NODE="30:1.0.1.2.6" TYPE="PART">
<HEAD>PART 14—REQUIREMENTS FOR THE APPROVAL OF FLAME-RESISTANT CONVEYOR BELTS 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 80609, Dec. 31, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.6.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 14.1" NODE="30:1.0.1.2.6.1.1.1" TYPE="SECTION">
<HEAD>§ 14.1   Purpose, effective date for approval holders.</HEAD>
<P>This Part establishes the flame resistance requirements for MSHA approval of conveyor belts for use in underground coal mines. Applications for approval or extensions of approval submitted after December 31, 2008, must meet the requirements of this Part.


</P>
</DIV8>


<DIV8 N="§ 14.2" NODE="30:1.0.1.2.6.1.1.2" TYPE="SECTION">
<HEAD>§ 14.2   Definitions.</HEAD>
<P>The following definitions apply in this part:
</P>
<P><I>Applicant.</I> An individual or organization that manufactures or controls the production of a conveyor belt and applies to MSHA for approval of conveyor belt for use in underground coal mines.
</P>
<P><I>Approval.</I> A document issued by MSHA, which states that a conveyor belt has met the requirements of this Part and which authorizes an approval marking identifying the conveyor belt as approved.
</P>
<P><I>Extension of approval.</I> A document issued by MSHA, which states that a change to a product previously approved by MSHA meets the requirements of this Part and which authorizes the continued use of the approval marking after the appropriate extension number has been added.
</P>
<P><I>Flame-retardant ingredient.</I> A material that inhibits ignition or flame propagation.
</P>
<P><I>Flammable ingredient.</I> A material that is capable of combustion.
</P>
<P><I>Inert ingredient.</I> A material that does not contribute to combustion.
</P>
<P><I>Post-approval product audit.</I> An examination, testing, or both, by MSHA of an approved conveyor belt selected by MSHA to determine if it meets the technical requirements and has been manufactured as approved.
</P>
<P><I>Similar conveyor belt.</I> A conveyor belt that shares the same cover compound, general carcass construction, and fabric type as another approved conveyor belt.


</P>
</DIV8>


<DIV8 N="§ 14.3" NODE="30:1.0.1.2.6.1.1.3" TYPE="SECTION">
<HEAD>§ 14.3   Observers at tests and evaluations.</HEAD>
<P>Representatives of the applicant and other persons agreed upon by MSHA and the applicant may be present during tests and evaluations conducted under this Part. However, if MSHA receives a request from others to observe tests, the Agency will consider it.


</P>
</DIV8>


<DIV8 N="§ 14.4" NODE="30:1.0.1.2.6.1.1.4" TYPE="SECTION">
<HEAD>§ 14.4   Application procedures and requirements.</HEAD>
<P>(a) <I>Application address.</I> Applications for approvals or extensions of approval under this Part may be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Chief, Approval and Certification Center, 765 Technology Drive, Triadelphia, West Virginia 26059. Alternatively, applications for approval or extensions of approval may be filed online at <I>http://www.msha.gov</I> or faxed to: Chief, Mine Safety and Health Administration Approval and Certification Center at 304-547-2044.
</P>
<P>(b) <I>Approval application.</I> Each application for approval of a conveyor belt for use in underground coal mines must include the information below, except any information submitted in a prior approval application need not be re-submitted, but must be noted in the application.
</P>
<P>(1) A technical description of the conveyor belt, which includes:
</P>
<P>(i) Trade name or identification number;
</P>
<P>(ii) Cover compound type and designation number;
</P>
<P>(iii) Belt thickness and thickness of top and bottom covers;
</P>
<P>(iv) Presence and type of skim coat;
</P>
<P>(v) Presence and type of friction coat;
</P>
<P>(vi) Carcass construction (number of plies, solid woven);
</P>
<P>(vii) Carcass fabric by textile type and weight (ounces per square yard);
</P>
<P>(viii) Presence and type of breaker or floated ply; and
</P>
<P>(ix) The number, type, and size of cords and fabric for metal cord belts.
</P>
<P>(2) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application.
</P>
<P>(c) Similar belts and extensions of approval may be evaluated for approval without testing using the BELT method if the following information is provided in the application:
</P>
<P>(1) Formulation information on the compounds in the conveyor belt indicated by either:
</P>
<P>(i) Specifying each ingredient by its chemical name along with its percentage (weight) and tolerance or percentage range; or
</P>
<P>(ii) Specifying each flame-retardant ingredient by its chemical or generic name with its percentage and tolerance or percentage range or its minimum percent. List each flammable ingredient and inert ingredient by chemical, generic, or trade name along with the total percentage of all flammable and inert ingredients.
</P>
<P>(2) Identification of any similar approved conveyor belt for which the applicant already holds an approval, and the formulation specifications for that belt if it has not previously been submitted to the Agency.
</P>
<P>(i) The MSHA assigned approval number of the conveyor belt that most closely resembles the new one; and
</P>
<P>(ii) An explanation of any changes from the existing approval.
</P>
<P>(d) <I>Extension of approval.</I> Any change in an approved conveyor belt from the documentation on file at MSHA that affects the technical requirements of this Part must be submitted for approval prior to implementing the change. Each application for an extension of approval must include:
</P>
<P>(1) The MSHA-assigned approval number for the conveyor belt for which the extension is sought;
</P>
<P>(2) A description of the proposed change to the conveyor belt; and
</P>
<P>(3) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application.
</P>
<P>(e) MSHA will determine if testing, additional information, samples, or material is required to evaluate an application. If the applicant believes that flame testing is not required, a statement explaining the rationale must be included in the application.
</P>
<P>(f) <I>Equivalent non-MSHA product safety standard.</I> An applicant may request an equivalency determination to this part under § 6.20 of this chapter, for a non-MSHA product safety standard.
</P>
<P>(g) <I>Fees.</I> Fees calculated in accordance with Part 5 of this chapter must be submitted in accordance with § 5.40.


</P>
</DIV8>


<DIV8 N="§ 14.5" NODE="30:1.0.1.2.6.1.1.5" TYPE="SECTION">
<HEAD>§ 14.5   Test samples.</HEAD>
<P>Upon request by MSHA, the applicant must submit 3 precut, unrolled, flat conveyor belt samples for flame testing. Each sample must be 60 ±
<FR>1/4</FR> inches long (152.4 ±0.6 cm) by 9 ±
<FR>1/8</FR> inches (22.9 ±0.3 cm) wide.


</P>
</DIV8>


<DIV8 N="§ 14.6" NODE="30:1.0.1.2.6.1.1.6" TYPE="SECTION">
<HEAD>§ 14.6   Issuance of approval.</HEAD>
<P>(a) MSHA will issue an approval or notice of the reasons for denying approval after completing the evaluation and testing provided in this part.
</P>
<P>(b) An applicant must not advertise or otherwise represent a conveyor belt as approved until MSHA has issued an approval.


</P>
</DIV8>


<DIV8 N="§ 14.7" NODE="30:1.0.1.2.6.1.1.7" TYPE="SECTION">
<HEAD>§ 14.7   Approval marking and distribution records.</HEAD>
<P>(a) An approved conveyor belt must be marketed only under the name specified in the approval.
</P>
<P>(b) Approved conveyor belt must be legibly and permanently marked with the assigned MSHA approval number for the service life of the product. The approval marking must be at least 
<FR>1/2</FR> inch (1.27 cm) high, placed at intervals not to exceed 60 feet (18.3 m) and repeated at least once every foot (0.3 m) across the width of the belt.
</P>
<P>(c) Where the construction of a conveyor belt does not permit marking as prescribed above, other permanent marking may be accepted by MSHA.
</P>
<P>(d) Applicants granted approval must maintain records of the initial sale of each belt having an approval marking. The records must be retained for at least 5 years following the initial sale.


</P>
</DIV8>


<DIV8 N="§ 14.8" NODE="30:1.0.1.2.6.1.1.8" TYPE="SECTION">
<HEAD>§ 14.8   Quality assurance.</HEAD>
<P>Applicants granted an approval or an extension of approval under this Part must:
</P>
<P>(a) In order to assure that the finished conveyor belt will meet the flame-resistance test—
</P>
<P>(1) Flame test a sample of each batch, lot, or slab of conveyor belts; or
</P>
<P>(2) Flame test or inspect a sample of each batch or lot of the materials that contribute to the flame-resistance characteristic.
</P>
<P>(b) Calibrate instruments used for the inspection and testing in paragraph (a) of this section according to the instrument manufacturer's specifications. Instruments must be calibrated using standards set by the National Institute of Standards and Technology, U.S. Department of Commerce or other nationally or internationally recognized standards. The instruments used must be accurate to at least one significant figure beyond the desired accuracy.
</P>
<P>(c) Control production so that the conveyor belt is manufactured in accordance with the approval document. If a third party is assembling or manufacturing all or part of an approved belt, the approval holder shall assure that the product is manufactured as approved.
</P>
<P>(d) Immediately notify the MSHA Approval and Certification Center of any information that a conveyor belt has been distributed that does not meet the specifications of the approval. This notification must include a description of the nature and extent of the problem, the locations where the conveyor belt has been distributed, and the approval holder's plans for corrective action.


</P>
</DIV8>


<DIV8 N="§ 14.9" NODE="30:1.0.1.2.6.1.1.9" TYPE="SECTION">
<HEAD>§ 14.9   Disclosure of information.</HEAD>
<P>(a) All proprietary information concerning product specifications and performance submitted to MSHA by the applicant will be protected.
</P>
<P>(b) MSHA will notify the applicant or approval holder of requests for disclosure of information concerning its conveyor belts, and provide an opportunity to present its position prior to any decision on disclosure.


</P>
</DIV8>


<DIV8 N="§ 14.10" NODE="30:1.0.1.2.6.1.1.10" TYPE="SECTION">
<HEAD>§ 14.10   Post-approval product audit.</HEAD>
<P>(a) Approved conveyor belts will be subject to periodic audits by MSHA to determine conformity with the technical requirements upon which the approval was based. MSHA will select an approved conveyor belt to be audited; the selected belt will be representative of that distributed for use in mines. Upon request to MSHA, the approval holder may obtain any final report resulting from the audit.
</P>
<P>(b) No more than once a year, except for cause, the approval holder, at MSHA's request, must make 3 samples of an approved conveyor belt of the size specified in § 14.5 available at no cost to MSHA for an audit. If a product is not available because it is not currently in production, the manufacturer will notify MSHA when it is available. Representatives of the applicant and other persons agreed upon by MSHA and the applicant may be present during audit tests and evaluations. MSHA will also consider requests by others to observe tests.
</P>
<P>(c) A conveyor belt will be subject to audit for cause at any time MSHA believes the approval holder product is not in compliance with the technical requirements of the approval.


</P>
</DIV8>


<DIV8 N="§ 14.11" NODE="30:1.0.1.2.6.1.1.11" TYPE="SECTION">
<HEAD>§ 14.11   Revocation.</HEAD>
<P>(a) MSHA may revoke for cause an approval issued under this Part if the conveyor belt—
</P>
<P>(1) Fails to meet the technical requirements; or
</P>
<P>(2) Creates a danger or hazard when used in a mine.
</P>
<P>(b) Prior to revoking an approval, the approval holder will be informed in writing of MSHA's intention to revoke. The notice will—
</P>
<P>(1) Explain the reasons for the proposed revocation; and
</P>
<P>(2) Provide the approval holder an opportunity to demonstrate or achieve compliance with the product approval requirements.
</P>
<P>(c) Upon request to MSHA, the approval holder will be given the opportunity for a hearing.
</P>
<P>(d) If a conveyor belt poses an imminent danger to the safety or health of miners, an approval may be immediately suspended without written notice of the Agency's intention to revoke.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.6.2" TYPE="SUBPART">
<HEAD>Subpart B—Technical Requirements</HEAD>


<DIV8 N="§ 14.20" NODE="30:1.0.1.2.6.2.1.1" TYPE="SECTION">
<HEAD>§ 14.20   Flame resistance.</HEAD>
<P>Conveyor belts for use in underground coal mines must be flame-resistant and:
</P>
<P>(a) Tested in accordance with § 14.22 of this part; or
</P>
<P>(b) Tested in accordance with an alternate test determined by MSHA to be equivalent under 30 CFR §§ 6.20 and 14.4(e).


</P>
</DIV8>


<DIV8 N="§ 14.21" NODE="30:1.0.1.2.6.2.1.2" TYPE="SECTION">
<HEAD>§ 14.21   Laboratory-scale flame test apparatus.</HEAD>
<P>The principal parts of the apparatus used to test for flame resistance of conveyor belts are as follows—
</P>
<P>(a) A horizontal test chamber 66 inches (167.6 cm) long by 18 inches (45.7 cm) square (inside dimensions) constructed from 1 inch (2.5 cm) thick Marinite I ®, or equivalent insulating material.
</P>
<P>(b) A 16-gauge (0.16 cm) stainless steel duct section which tapers over a length of at least 24 inches (61 cm) from a 20 inch (51 cm) square cross-sectional area at the test chamber connection to a 12 inch (30.5 cm) diameter exhaust duct, or equivalent. The interior surface of the tapered duct section must be lined with 
<FR>1/2</FR> inch (1.27 cm) thick ceramic blanket insulation, or equivalent insulating material. The tapered duct must be tightly connected to the test chamber.
</P>
<P>(c) A U-shaped gas-fueled impinged jet burner ignition source, measuring 12 inches (30.5 cm) long and 4 inches (10.2 cm) wide, with two parallel rows of 6 jets each. Each jet is spaced alternately along the U-shaped burner tube. The 2 rows of jets are slanted so that they point toward each other and the flame from each jet impinges upon each other in pairs. The burner fuel must be at least 98 percent methane (technical grade) or natural gas containing at least 96 percent combustible gases, which includes not less than 93 percent methane.
</P>
<P>(d) A removable steel rack, consisting of 2 parallel rails and supports that form a 7 ±
<FR>1/8</FR> inches (17.8 ±0.3 cm) wide by 60 ±
<FR>1/8</FR> inches (152.4 ±0.3 cm) long assembly to hold a belt sample.
</P>
<P>(1) The 2 parallel rails, with a 5 ±
<FR>1/8</FR> inches (12.7 ±0.3 cm) space between them, comprise the top of the rack. The rails and supports must be constructed of slotted angle iron with holes along the top surface.
</P>
<P>(2) The top surface of the rack must be 8 ±
<FR>1/8</FR> inches (20.3 ±0.3 cm) from the inside roof of the test chamber.


</P>
</DIV8>


<DIV8 N="§ 14.22" NODE="30:1.0.1.2.6.2.1.3" TYPE="SECTION">
<HEAD>§ 14.22   Test for flame resistance of conveyor belts.</HEAD>
<P>(a) <I>Test procedures.</I> The test must be conducted in the following sequence using a flame test apparatus meeting the specifications of § 14.21:
</P>
<P>(1) Lay three samples of the belt, 60 ±
<FR>1/4</FR> inches (152.4 ±0.6 cm) long by 9 ±
<FR>1/8</FR> inches (22.9 ±0.3 cm) wide, flat at a temperature of 70 ±10 °Fahrenheit (21 ±5 °Centigrade) for at least 24 hours prior to the test;
</P>
<P>(2) For each of three tests, place one belt sample with the load-carrying surface facing up on the rails of the rack so that the sample extends 1 ±
<FR>1/8</FR> inch (2.5 ±0.3 cm) beyond the front of the rails and 1 ±
<FR>1/8</FR> inch (2.5 ±0.3 cm) from the outer lengthwise edge of each rail;
</P>
<P>(3) Fasten the sample to the rails of the rack with steel washers and cotter pins. The cotter pins shall extend at least 
<FR>3/4</FR> inch (1.9 cm) below the rails. Equivalent fasteners may be used. Make a series of 5 holes approximately 
<FR>9/32</FR> inch (0.7 cm) in diameter along both edges of the belt sample, starting at the first rail hole within 2 inches (5.1 cm) from the front edge of the sample. Make the next hole 5 ±
<FR>1/4</FR> inches (12.7 ±0.6 cm) from the first, the third hole 5 ±
<FR>1/4</FR> inches (12.7 ±0.6 cm) from the second, the fourth hole approximately midway along the length of the sample, and the fifth hole near the end of the sample. After placing a washer over each sample hole, insert a cotter pin through the hole and spread it apart to secure the sample to the rail;
</P>
<P>(4) Center the rack and sample in the test chamber with the front end of the sample 6 ±
<FR>1/2</FR> inches (15.2 ±1.27 cm) from the entrance;
</P>
<P>(5) Measure the airflow with a 4-inch (10.2 cm) diameter vane anemometer, or an equivalent device, placed on the centerline of the belt sample 12 ±
<FR>1/2</FR> inches (30.5 ±1.27 cm) from the chamber entrance. Adjust the airflow passing through the chamber to 200 ±20 ft/min (61 ±6 m/min);
</P>
<P>(6) Before starting the test on each sample, the inner surface temperature of the chamber roof measured at points 6 ±
<FR>1/2</FR>, 30 ±
<FR>1/2</FR>, and 60 ±
<FR>1/2</FR> inches (15.2 ±1.27, 76.2 ±1.27, and 152.4 ±1.27 cm) from the front entrance of the chamber must not exceed 95 °Fahrenheit (35 °Centigrade) at any of these points with the specified airflow passing through the chamber. The temperature of the air entering the chamber during the test on each sample must not be less than 50 °Fahrenheit (10 °Centigrade);
</P>
<P>(7) Center the burner in front of the sample's leading edge with the plane, defined by the tips of the burner jets, 
<FR>3/4</FR> ±
<FR>1/8</FR> inch (1.9 ±0.3 cm) from the front edge of the belt;
</P>
<P>(8) With the burner lowered away from the sample, set the gas flow at 1.2 ±0.1 standard cubic feet per minute (SCFM) (34 ±2.8 liters per minute) and then ignite the gas burner. Maintain the gas flow to the burner throughout the 5 to 5.1 minute ignition period;
</P>
<P>(9) After applying the burner flame to the front edge of the sample for a 5 to 5.1 minute ignition period, lower the burner away from the sample and extinguish the burner flame;
</P>
<P>(10) After completion of each test, determine the undamaged portion across the entire width of the sample. Blistering without charring does not constitute damage.
</P>
<P>(b) <I>Acceptable performance.</I> Each tested sample must exhibit an undamaged portion across its entire width.
</P>
<P>(c) MSHA may modify the procedures of the flammability test for belts constructed of thicknesses more than 
<FR>3/4</FR> inch (1.9 cm).


</P>
</DIV8>


<DIV8 N="§ 14.23" NODE="30:1.0.1.2.6.2.1.4" TYPE="SECTION">
<HEAD>§ 14.23   New technology.</HEAD>
<P>MSHA may approve a conveyor belt that incorporates technology for which the requirements of this part are not applicable if the Agency determines that the conveyor belt is as safe as those which meet the requirements of this part.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="15" NODE="30:1.0.1.2.7" TYPE="PART">
<HEAD>PART 15—REQUIREMENTS FOR APPROVAL OF EXPLOSIVES AND SHEATHED EXPLOSIVE UNITS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 46761, Nov. 18, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.7.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 15.1" NODE="30:1.0.1.2.7.1.1.1" TYPE="SECTION">
<HEAD>§ 15.1   Purpose and effective dates.</HEAD>
<P>This part sets forth the requirements for approval of explosives and sheathed explosive units to be used in underground coal mines and certain underground metal and nonmetal gassy mines and is effective January 17, 1989. Those manufacturers proceeding under the provisions of the previous regulation may file requests for approval or extension of approval of explosives under that regulation until January 17, 1990. After January 17, 1990, all requests for approval or extension of approval of explosives or sheathed explosive units shall be made in accordance with Subpart A and the applicable subpart of this part. Explosives issued an approval under regulations in place prior to January 17, 1989, and in compliance with those regulations, may continue to be manufactured and marked as approved as long as no change to the explosive is made.
</P>
<CITA TYPE="N">[53 FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 15.2" NODE="30:1.0.1.2.7.1.1.2" TYPE="SECTION">
<HEAD>§ 15.2   Definitions.</HEAD>
<P>The following definitions apply in this part.
</P>
<P><I>Applicant.</I> An individual or organization that manufactures or controls the production of an explosive or an explosive unit and that applies to MSHA for approval of that explosive or explosive unit.
</P>
<P><I>Approval.</I> A document issued by MSHA which states that an explosive or explosive unit has met the requirements of this part and which authorizes an approval marking identifying the explosive or explosive unit as approved as permissible.
</P>
<P><I>Explosive.</I> A substance, compound, or mixture, the primary purpose of which is to function by explosion.
</P>
<P><I>Extension of approval.</I> A document issued by MSHA which states that the change to an explosive or explosive unit previously approved by MSHA under this part meets the requirements of this part and which authorizes the continued use of the approval marking after the appropriate extension number has been added.
</P>
<P><I>Minimum product firing temperature.</I> The lowest product temperature at which the explosive or explosive unit is approved for use under this part.
</P>
<P><I>Post-approval product audit.</I> Examination, testing, or both, by MSHA of approved explosives or explosive units selected by MSHA to determine whether they meet the technical requirements and have been manufactured as approved.
</P>
<P><I>Sheath.</I> A chemical compound or mixture incorporated in a sheathed explosive unit and which forms a flame inhibiting cloud on detonation of the explosive.
</P>
<P><I>Sheathed explosive unit.</I> A device consisting of an approved or permissible explosive covered by a sheath encased in a sealed covering and designed to be fired outside the confines of a borehole.
</P>
<P><I>Test detonator.</I> An instantaneous detonator that has a strength equivalent to that of a detonator with a base charge of 0.40-0.45 grams PETN.
</P>
<CITA TYPE="N">[53 FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 15.3" NODE="30:1.0.1.2.7.1.1.3" TYPE="SECTION">
<HEAD>§ 15.3   Observers at tests and evaluation.</HEAD>
<P>Only personnel of MSHA, designees of MSHA, representatives of the applicant, and such other persons as agreed upon by MSHA and the applicant shall be present during tests and evaluations conducted under this part.
</P>
<CITA TYPE="N">[70 FR 46342, Aug. 9, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 15.4" NODE="30:1.0.1.2.7.1.1.4" TYPE="SECTION">
<HEAD>§ 15.4   Application procedures and requirements.</HEAD>
<P>(a) <I>Application.</I> Requests for an approval or an extension of approval under this part shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<P>(b) <I>Fees.</I> Fees calculated in accordance with Part 5 of this Title shall be submitted in accordance with § 5.40.
</P>
<P>(c) <I>Original approval for explosives.</I> Each application for approval of an explosive shall include—
</P>
<P>(1) A technical description of the explosive, including the chemical composition of the explosive with tolerances for each ingredient;
</P>
<P>(2) A laboratory number or other suitable designation identifying the explosive. The applicant shall provide the brand or trade name under which the explosive will be marketed prior to issuance of the approval;
</P>
<P>(3) The lengths and diameters of explosive cartridges for which approval is requested; 
</P>
<P>(4) The proposed minimum product firing temperature of the explosive; and 
</P>
<P>(5) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application.
</P>
<P>(d) <I>Original approval for sheathed explosive units.</I> Each application for approval of a sheathed explosive unit shall include—
</P>
<P>(1) A technical description of the sheathed explosive unit which includes the chemical composition of the sheath, with tolerances for each ingredient, and the types of material used for the outer covering;
</P>
<P>(2) The minimum thickness weight, and specific gravity of the sheath and outer covering;
</P>
<P>(3) The brand or trade name, weight, specific gravity, and minimum product firing temperature of the approved explosive to be used in the unit;
</P>
<P>(4) The ratio of the weight of the sheath to the weight of the explosive; and 
</P>
<P>(5) The name, address and telephone number of the applicant's representative responsible for answering any questions regarding the application.
</P>
<P>(e) <I>Subsequent approval of a similar explosive or sheathed explosive unit.</I> Each application for approval of an explosive or sheathed explosive unit similar to one for which the applicant already holds an approval shall include—
</P>
<P>(1) The approval number of the explosive or sheathed explosive unit which most closely resembles the new one;
</P>
<P>(2) The information specified in paragraphs (c) and (d) of this section for an original approval, as applicable, except that any document which is the same as the one listed by MSHA in the prior approval need not be submitted but shall be noted in the application; and 
</P>
<P>(3) An explanation of all changes from the existing approval.
</P>
<P>(f) <I>Extension of the approval.</I> Any change in an approved explosive or sheathed explosive unit from the documentation on file at MSHA that affects the technical requirements of this Part shall be submitted for approval prior to implementing the change. 
</P>
<P>(1) Each application for an extension of approval shall include—
</P>
<P>(i) The MSHA-assigned approval number for the explosive or sheathed explosive unit for which the extension is sought; 
</P>
<P>(ii) A description of the proposed change to the approved explosive or sheathed explosive unit; and 
</P>
<P>(iii) The name, address, and telephone number of the applicant's representative responsible for answering any questions regarding the application.
</P>
<P>(2) MSHA will determine what tests, additional information, samples, or material, if any, are required to evaluate the proposed change.
</P>
<P>(3) When a change involves the chemical composition of an approved explosive or sheathed explosive unit which affects the firing characteristics, MSHA may require the explosive or sheathed explosive unit to be distinguished from those associated with the former composition.
</P>
<CITA TYPE="N">[53 FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989; 60 FR 33723, June 29, 1995; 73 FR 52211, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 15.5" NODE="30:1.0.1.2.7.1.1.5" TYPE="SECTION">
<HEAD>§ 15.5   Test samples.</HEAD>
<P>(a) <I>Submission of test samples.</I> (1) The applicant shall not submit explosives or sheathed explosive units to be tested until requested to do so by MSHA. 
</P>
<P>(2) The applicant shall submit 70 pounds of 1
<FR>1/4</FR>-inch diameter explosives and additional cartridges in the amount of 3200 divided by the length in inches, except for cartridges 12, 20 and greater than 36 inches long. The applicant shall submit 70 pounds and additional cartridges in the amount of 3800 divided by the length in inches for cartridges 12, 20 and greater than 36 inches long. 
</P>
<P>(3) If approval is requested for cartridges in diameters less than 1-
<FR>1/4</FR> inches, the applicant shall submit a number of cartridges equal to 1800 divided by the length in inches, except for cartridges 12, 20 and greater than 36 inches long. The applicant shall submit cartridges in the amount of 2200 divided by the length in inches for cartridges 12, 20 and greater than 36 inches long. 
</P>
<P>(4) If approval is requested for cartridges in diameters larger than 1-
<FR>1/4</FR> inches, the applicant shall submit an additional 10 cartridges of each larger diameter. 
</P>
<P>(5) If approval is requested for cartridges in more than one length, the applicant shall submit an additional 10 cartridges for each additional length and diameter combination. 
</P>
<P>(6) Each applicant seeking approval of sheathed explosive units shall submit 140 units. 
</P>
<P>(b) <I>Condition and composition.</I> Explosives and sheathed explosive units will not be tested that—
</P>
<P>(1) Contain chlorites, chlorates, or substances that will react over an extended time and cause degradation of the explosive or sheathed explosive unit;
</P>
<P>(2) Are chemically unstable; 
</P>
<P>(3) Show leakage; 
</P>
<P>(4) Use aluminum clips to seal the cartridge; 
</P>
<P>(5) Contain any combination of perchlorate and aluminum; 
</P>
<P>(6) Contain more than 5 percent perchlorate; or 
</P>
<P>(7) Contain any perchlorate and less than 5 percent water. 
</P>
<P>(c) <I>Storage.</I> Explosives and sheathed explosive units shall be stored in a magazine for at least 30 days before gallery tests are conducted.


</P>
</DIV8>


<DIV8 N="§ 15.6" NODE="30:1.0.1.2.7.1.1.6" TYPE="SECTION">
<HEAD>§ 15.6   Issuance of approval.</HEAD>
<P>(a) MSHA will issue an approval or a notice of the reasons for denying approval after completing the evaluation and testing provided for by this part. 
</P>
<P>(b) An applicant shall not advertise or otherwise represent an explosive or sheathed explosive unit as approved until MSHA has issued an approval. 


</P>
</DIV8>


<DIV8 N="§ 15.7" NODE="30:1.0.1.2.7.1.1.7" TYPE="SECTION">
<HEAD>§ 15.7   Approval marking.</HEAD>
<P>(a) An approved explosive or sheathed explosive unit shall be marketed only under the brand or trade name specified in the approval. 
</P>
<P>(b) The wrapper of each cartridge and each case of approved explosives shall be legibly labeled with the following: the brand or trade name, “MSHA Approved Explosive”, the test detonator strength, and the minimum product firing temperature.
</P>
<P>(c) The outer covering of each sheathed explosive unit and each case of approved sheathed explosive units shall be legibly labeled with the following: the brand or trade name, “MSHA Approved Sheathed Explosive Unit”, the test detonator strength, and the minimum product firing temperature.
</P>
<CITA TYPE="N">[53 FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989; 54 FR 27641, June 30, 1989; 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 15.8" NODE="30:1.0.1.2.7.1.1.8" TYPE="SECTION">
<HEAD>§ 15.8   Quality assurance.</HEAD>
<P>(a) Applicants granted an approval or an extension of approval under this part shall manufacture the explosive or sheathed explosive unit as approved. 
</P>
<P>(b) Applicants shall immediately report to the MSHA Approval and Certification Center, any knowledge of explosives or sheathed explosive units that have been distributed that do not meet the specifications of the approval. 
</P>
<CITA TYPE="N">[53 53 FR 46761, Nov. 18, 1988, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 15.9" NODE="30:1.0.1.2.7.1.1.9" TYPE="SECTION">
<HEAD>§ 15.9   Disclosure of information.</HEAD>
<P>(a) All information concerning product specifications and performance submitted to MSHA by the applicant shall be considered proprietary information. 
</P>
<P>(b) MSHA will notify the applicants of requests for disclosure of information concerning its explosives or sheathed explosive units and shall give the applicant an opportunity to provide MSHA with a statement of its position prior to any disclosure. 


</P>
</DIV8>


<DIV8 N="§ 15.10" NODE="30:1.0.1.2.7.1.1.10" TYPE="SECTION">
<HEAD>§ 15.10   Post-approval product audit.</HEAD>
<P>(a) Approved explosives and sheathed explosive units shall be subject to periodic audits by MSHA for the purpose of determining conformity with the technical requirements upon which the approval was based. Any approved explosive or sheathed explosive unit which is to be audited shall be selected by MSHA and be representative of those distributed for use in mines. The approval-holder may obtain any final report resulting from such audit. 
</P>
<P>(b) No more than once a year, except for cause, the approval-holder, at MSHA's request, shall make one case of explosives or 25 sheathed explosive units available at no cost to MSHA for an audit. The approval-holder may observe any tests conducted during this audit. 
</P>
<P>(c) An approved explosive or sheathed explosive unit shall be subject to audit for cause at any time MSHA believes that it is not in compliance with the technical requirements upon which the approval was based. 
</P>
<P>(d) Explosives approved under regulations in effect prior to January 17, 1989, shall conform to the provisions on field samples set out in those regulations (See 30 CFR part 15, 1987 edition). 


</P>
</DIV8>


<DIV8 N="§ 15.11" NODE="30:1.0.1.2.7.1.1.11" TYPE="SECTION">
<HEAD>§ 15.11   Revocation.</HEAD>
<P>(a) MSHA may revoke for cause an approval issued under this part if the explosive or sheathed explosive unit— 
</P>
<P>(1) Fails to meet the applicable technical requirements; or 
</P>
<P>(2) Creates a hazard when used in a mine.
</P>
<P>(b) Prior to revoking an approval, the approval-holder shall be informed in writing of MSHA's intention to revoke. The notice shall— 
</P>
<P>(1) Explain the specific reasons for the proposed revocation; and 
</P>
<P>(2) Provide the approval-holder an opportunity to demonstrate or achieve compliance with the product approval requirements.
</P>
<P>(c) Upon request, the approval-holder shall be afforded an opportunity for a hearing. 
</P>
<P>(d) If an explosive or sheathed explosive unit poses an imminent hazard to the safety or health of miners, the approval may be immediately suspended without a written notice of the agency's intention to revoke. The suspension may continue until the revocation proceedings are completed.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.7.2" TYPE="SUBPART">
<HEAD>Subpart B—Requirements for Approval of Explosives</HEAD>


<DIV8 N="§ 15.20" NODE="30:1.0.1.2.7.2.1.1" TYPE="SECTION">
<HEAD>§ 15.20   Technical requirements.</HEAD>
<P>(a) <I>Chemical composition.</I> The chemical composition of the explosive shall be within the tolerances furnished by the applicant.
</P>
<P>(b) <I>Rate-of-detonation test.</I> The explosive shall propagate completely in the rate-of-detonation test. The test is conducted at an ambient temperature between 68 and 86 °F. Nongelatinous explosives are initiated with a test detonator only, while gelatinous explosives are initiated with a test detonator and a 60-gram tetryl pellet booster. The test is conducted on—
</P>
<P>(1) A 50-inch column of 1
<FR>1/4</FR> inch diameter cartridges; and
</P>
<P>(2) A 50-inch column of the smallest diameter cartridges less than 1
<FR>1/4</FR> inches submitted for testing.
</P>
<P>(c) <I>Air-gap sensitivity.</I> The air-gap sensitivity of the explosive shall be at least 2 inches at the minimum product firing temperature and 3 inches at a temperature between 68 and 86 °F, and the explosive shall propagate completely.
</P>
<P>(1) Air-gap sensitivity of the explosive is determined in the explosion-by-influence test using the 7-inch cartridge method. The air-gap sensitivity is determined for 1
<FR>1/4</FR> inch diameter cartridges and each cartridge diameter smaller than 1
<FR>1/4</FR> inches. Explosives are initiated with a test detonator.
</P>
<P>(2) The 7-inch cartridge method is conducted with two 8-inch cartridges. One inch is cut off the end of each cartridge. The cartridges are placed in a paper tube, the cut ends facing each other, with the appropriate 2-inch or 3-inch air gap between them. The test is conducted at a temperature between 68 and 86 °F and at the minimum product firing temperature proposed by the applicant, or 41 °F, whichever is lower. The test temperature at which the explosive propagates completely will be specified in the approval as the minimum product firing temperature at which the explosive is approved for use.
</P>
<P>(d) <I>Gallery Test 7.</I> The explosive shall yield a value of at least 450 grams for the lower 95 percent confidence limit (L<E T="52">95</E>) on the weight for 50 percent probability of ignition (W<E T="52">50</E>) in gallery test 7 and shall propagate completely. The L<E T="52">95</E> and W<E T="52">50</E> values for the explosive are determined by using the Bruceton up-and-down method. A minimum of 20 trials are made with explosive charges of varying weights, including wrapper and seals. Each charge is primed with a test detonator, then tamped and stemmed with one pound of dry-milled fire clay into the borehole of a steel cannon. The cannon is fired into air containing 7.7 to 8.3 percent of natural gas. The air temperature is between 68 and 86 °F.
</P>
<P>(e) <I>Gallery Test 8.</I> The explosive shall yield a value of at least 350 grams for the weight for 50 percent probability of ignition (W<E T="52">CDG</E>) in gallery test 8 and shall propagate completely. The (W<E T="52">CDG</E>) value for the explosive is determined using the Bruceton up-and-down method. A minimum of 10 tests are made with explosive charges of varying weights, including wrapper and seals. Each charge is primed with a test detonator, then tamped into the borehole of a steel cannon. The cannon is fired into a mixture of 8 pounds of bituminous coal dust predispersed into 640 cubic feet of air containing 3.8 to 4.2 percent of natural gas. The air temperature is between 68 and 86 °F.
</P>
<P>(f) <I>Pendulum-friction test.</I> The explosive shall show no perceptible reaction in the pendulum-friction test with the hard fiber-faced shoe. Ten trials of the test are conducted by releasing the steel shoe from a height of 59 inches. If there is evidence of sensitivity, the test is repeated with the hard fiber-faced shoe.
</P>
<P>(g) <I>Toxic gases.</I> The total volume equivalent to carbon monoxide (CO) of toxic gases produced by detonation of the explosive shall not exceed 2.5 cubic feet per pound of explosive as determined in the large chamber test. The explosive shall propagate completely.
</P>
<P>(1) The large chamber test is conducted with a one-pound explosive charge, including wrapper and seal, primed with a test detonator. The explosive charge is loaded into the borehole of a steel cannon, then tamped and stemmed with one pound of dry-milled fire clay. The cannon is fired into the large chamber and the gaseous products resulting from detonation of the explosive are collected and analyzed for toxic gases. At least two trials are conducted.
</P>
<P>(2) The equivalent volume of each toxic gas produced, relative to CO, is determined by multiplying the measured volume of the gas by a conversion factor. The conversion factor is equal to the threshold limit value, time weighted average (TLV-TWA) in parts-per-million for CO divided by the TLV-TWA for the toxic gas. The TLV-TWA conversion factor for each gas for which MSHA shall test is specified in Table I of this subpart. The total volume equivalent to CO of the toxic gases produced by detonation of the explosive is the sum of the equivalent volumes of the individual toxic gases.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table I—Conversion Factors for Toxic Gases
</P><P class="gpotbl_description">[For Equivalent Volume Relative to Carbon Monoxide]
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col"> 
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Toxic Gas
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Conversion Factor
</TH><TH class="gpotbl_colhed" scope="col">TLV-TWA (PPM)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Ammonia</TD><TD align="right" class="gpotbl_cell">2</TD><TD align="right" class="gpotbl_cell">25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Carbon Dioxide</TD><TD align="right" class="gpotbl_cell">0.01</TD><TD align="right" class="gpotbl_cell">5000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Carbon Monoxide</TD><TD align="right" class="gpotbl_cell">1</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Hydrogen Sulfide</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Nitric Oxide</TD><TD align="right" class="gpotbl_cell">2</TD><TD align="right" class="gpotbl_cell">25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Nitrogen Dioxide</TD><TD align="right" class="gpotbl_cell">17</TD><TD align="right" class="gpotbl_cell">3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Sulfur Dioxide</TD><TD align="right" class="gpotbl_cell">25</TD><TD align="right" class="gpotbl_cell">2</TD></TR></TABLE></DIV></DIV>
<P>(h) <I>Cartridge diameter and length changes.</I> (1) For proposed changes to an approved explosive involving only cartridge diameter or length, MSHA will determine what tests, if any, will be required.
</P>
<P>(2) When a proposed change to an approved explosive involves a smaller diameter than that specified in the approval, the rate-of-detonation and air-gap sensitivity tests will be conducted.
</P>
<P>(3) No test will be conducted on cartridges with diameters the same as or smaller than those that previously failed to detonate in the rate-of-detonation test.
</P>
<P>(i) <I>New technology.</I> MSHA may approve an explosive that incorporates technology for which the requirements of this subpart are not applicable if MSHA determines that the explosive is as safe as those which meet the requirements of this subpart.


</P>
</DIV8>


<DIV8 N="§ 15.21" NODE="30:1.0.1.2.7.2.1.2" TYPE="SECTION">
<HEAD>§ 15.21   Tolerances for ingredients.</HEAD>
<P>Tolerances for each ingredient in an explosive, which are expressed as a percentage of the total explosive, shall not exceed the following:
</P>
<P>(a) Physical sensitizers: The tolerances established by the applicant;
</P>
<P>(b) Aluminum: ±0.7 percent;
</P>
<P>(c) Carbonaceous materials: ±3 percent; and
</P>
<P>(d) Moisture and ingredients other than specified in paragraphs (a), (b), and (c) of this section: The tolerances specified in Table II.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table II—Tolerances for Moisture and Other Ingredients
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Quantity of ingredients (as percent of total explosive or sheath)
</TH><TH class="gpotbl_colhed" scope="col">Tolerance percent
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0 to 5.0</TD><TD align="right" class="gpotbl_cell">1.2
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5.1 to 10.0</TD><TD align="right" class="gpotbl_cell">1.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10.1 to 20.0</TD><TD align="right" class="gpotbl_cell">1.7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">20.1 to 30.0</TD><TD align="right" class="gpotbl_cell">2.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">30.1 to 40.0</TD><TD align="right" class="gpotbl_cell">2.3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40.1 to 50.0</TD><TD align="right" class="gpotbl_cell">2.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50.1 to 55.0</TD><TD align="right" class="gpotbl_cell">2.8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">55.1 to 100.0</TD><TD align="right" class="gpotbl_cell">3.0</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 15.22" NODE="30:1.0.1.2.7.2.1.3" TYPE="SECTION">
<HEAD>§ 15.22   Tolerances for performance, wrapper, and specific gravity.</HEAD>
<P>(a) The rate of detonation of the explosive shall be within ±15 percent of that specified in the approval.
</P>
<P>(b) The weight of wrapper per 100 grams of explosive shall be within ±2 grams of that specified in the approval.
</P>
<P>(c) The apparent specific gravity of the explosive shall be within ±7.5 percent of that specified in the approval.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.2.7.3" TYPE="SUBPART">
<HEAD>Subpart C—Requirements for Approval of Sheathed Explosive Units or Other Explosive Units Designed to be Fired Outside the Confines of a Borehole</HEAD>


<DIV8 N="§ 15.30" NODE="30:1.0.1.2.7.3.1.1" TYPE="SECTION">
<HEAD>§ 15.30   Technical requirements.</HEAD>
<P>(a) <I>Quantity of explosive.</I> The sheathed explosive unit shall contain not more than 1
<FR>1/2</FR> pounds of an approved or permissible explosive.
</P>
<P>(b) <I>Chemical composition.</I> The chemical composition of the sheath shall be within the tolerances furnished by the applicant.
</P>
<P>(c) <I>Detonator well.</I> The sheathed explosive unit shall have a detonator well that—
</P>
<P>(1) Is protected by a sealed covering;
</P>
<P>(2) Permits an instantaneous detonator to be inserted in the unit with the detonator completely embedded in the well;
</P>
<P>(3) Is provided with a means of securing the detonator in the well; and
</P>
<P>(4) Is clearly marked.
</P>
<P>(d) <I>Drop test.</I> The outer covering of the sheathed explosive unit shall not tear or rupture and the internal components shall not shift position or be damaged in the drop test.
</P>
<P>(1) The drop test is conducted on at least 10 sheathed explosive units. Each unit is dropped on its top, bottom, and edge from a height of 6 feet onto a concrete surface. For units with explosives approved with a minimum product firing temperature, the drop test is performed with the unit at the minimum product firing temperature established for the explosive in the unit. For units with explosives approved under regulations in effect prior to January 17, 1989, the drop test is performed with the unit at 41 °F.
</P>
<P>(2) At least four units which have been drop-tested shall be cut-open and examined.
</P>
<P>(3) At least six units which have been drop-tested shall be subjected to gallery tests 9 and 10 as provided in paragraphs (e)(1) and (e)(2) of this section.
</P>
<P>(e) <I>Gallery tests.</I> No sheathed explosive unit shall cause an ignition in gallery tests 9, 10, 11, or 12. Ten trials in each gallery test shall be conducted and each sheathed explosive unit shall propagate completely in all tests.
</P>
<P>(1) Gallery test 9 is conducted in each trial with three sheathed explosive units placed in a row 2 feet apart. One of the trials is conducted with sheathed explosive units which have been subjected to the drop test as provided in paragraph (d)(3) of this section. The units are placed on a concrete slab, primed with test detonators and fired in air containing 7.7 to 8.3 percent natural gas or 8.7 to 9.3 percent methane. The air temperature is between 41 and 86 °F.
</P>
<P>(2) Gallery test 10 is conducted in each trial with three sheathed explosive units placed in a row 2 feet apart. One of the trials is conducted with sheathed explosive units which have been subjected to the drop test as provided in paragraph (d)(3) of this section. The units are placed on a concrete slab, primed with test detonators and fired in air containing 3.8 to 4.2 percent natural gas, or 4.3 to 4.7 percent methane, mixed with 0.2 ounces per cubic foot of predispersed bituminous coal dust. The air temperature is between 41 and 86 °F.
</P>
<P>(3) Gallery test 11 is conducted in each trial with three sheathed explosive units arranged in a triangular pattern with the units in contact with each other. The units are placed in a simulated crevice formed between two square concrete slabs, each measuring 24 inches on a side and 2 inches in thickness. The crevice is formed by placing one slab on top of the other and raising the edge of the upper slab at least 4 inches. The sheathed explosive units are primed with test detonators and fired in air containing 7.7 to 8.3 percent natural gas or 8.7 to 9.3 percent methane. The air temperature is between 41 and 86 °F.
</P>
<P>(4) Gallery test 12 is conducted in each trial with three sheathed explosive units arranged in a triangular pattern with the units in contact with each other. The units are placed in a corner formed by three square steel plates, each measuring 24 inches on a side and one inch in thickness. The sheathed explosive units are primed with test detonators and fired in air containing 7.7 to 8.3 percent natural gas or 8.7 to 9.3 percent methane. The air temperature is between 41 and 86 °F.
</P>
<P>(f) <I>Detonation test.</I> Each of ten sheathed explosive units shall propagate completely when fired at the minimum product firing temperature for the explosive used in the unit or 41 °F for units with explosives approved under regulations in effect prior to January 17, 1989. The units are initiated with test detonators.
</P>
<P>(g) <I>New technology.</I> MSHA may approve an explosive unit designed to be fired outside the confines of a borehole that incorporates technology for which the requirements of this subpart are not applicable if MSHA determines that such explosive unit is as safe as those which meet the requirements of this subpart.
</P>
<CITA TYPE="N">[53 FR 46761, Nov. 18, 1988; 54 FR 351, Jan. 5, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 15.31" NODE="30:1.0.1.2.7.3.1.2" TYPE="SECTION">
<HEAD>§ 15.31   Tolerances for ingredients.</HEAD>
<P>Tolerances established by the applicant for each ingredient in the sheath shall not exceed the tolerances specified in Table II § 15.21 of this part.


</P>
</DIV8>


<DIV8 N="§ 15.32" NODE="30:1.0.1.2.7.3.1.3" TYPE="SECTION">
<HEAD>§ 15.32   Tolerances for weight of explosive, sheath, wrapper, and specific gravity.</HEAD>
<P>(a) The weight of the explosive, the sheath, and the outer covering shall each be within ±7.5 percent of that specified in the approval.
</P>
<P>(b) The ratio of the weight of the sheath to that of the explosive shall be within ±7.5 percent of that specified in the approval.
</P>
<P>(c) The specific gravity of the explosive and sheath shall be within ±7.5 percent of that specified in the approval.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="18" NODE="30:1.0.1.2.8" TYPE="PART">
<HEAD>PART 18—ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>33 FR 4660, Mar. 19, 1968, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.8.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 18.1" NODE="30:1.0.1.2.8.1.1.1" TYPE="SECTION">
<HEAD>§ 18.1   Purpose.</HEAD>
<P>The regulations in this part set forth the requirements to obtain MSHA: Approval of electrically operated machines and accessories intended for use in gassy mines or tunnels, certification of components intended for use on or with approved machines, permission to modify the design of an approved machine or certified component, acceptance of flame-resistant hoses, sanction for use of experimental machines and accessories in gassy mines or tunnels; also, procedures for applying for such approval, certification, acceptance for listing. 
</P>
<CITA TYPE="N">[43 FR 12313, Mar. 24, 1978, as amended at 52 FR 17514, May 8, 1987; 57 FR 61223, Dec. 23, 1992; 73 FR 80611, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 18.2" NODE="30:1.0.1.2.8.1.1.2" TYPE="SECTION">
<HEAD>§ 18.2   Definitions.</HEAD>
<P>As used in this part—
</P>
<P><I>Acceptance</I> means written notification by MSHA that a hose has met the applicable requirements of this part and will be listed by MSHA as acceptable flame-resistant auxiliary equipment. 
</P>
<P><I>Acceptance marking</I> means an identifying marking indicating that the hose has been accepted by MSHA for listing as flame resistant. 
</P>
<P><I>Accessory</I> means associated electrical equipment, such as a distribution or splice box, that is not an integral part of an approved (permissible) machine. 
</P>
<P><I>Afterburning</I> means the combustion of a flammable mixture that is drawn into a machine compartment after an internal explosion in the compartment. 
</P>
<P><I>Applicant</I> means an individual, partnership, company, corporation, organization, or association that designs, manufactures, assembles, or controls the assembly of an electrical machine or accessory and seeks approval, certification, or permit, or MSHA acceptance for listing of flame-resistant hose. 
</P>
<P><I>Approval</I> means a formal document issued by MSHA which states that a completely assembled electrical machine or accessory has met the applicable requirements of this part and which authorizes the attachment of an approval plate so indicating. 
</P>
<P><I>Approval plate</I> means a metal plate, the design of which meets MSHA's requirements, for attachment to an approved machine or accessory, identifying it as permissible for use in gassy mines or tunnels.
</P>
<P><I>Assistant Secretary</I> means the Assistant Secretary of Labor for Mine Safety and Health. 
</P>
<P><I>Branch circuit</I> means an electrical circuit connected to the main circuit, the conductors of which are of smaller size than the main circuit. 
</P>
<P><I>Bureau</I> means the U.S. Bureau of Mines. 
</P>
<P><I>Certification</I> means a formal written notification, issued by MSHA, which states that an electrical component complies with the applicable requirements of this part and, therefore, is suitable for incorporation in approved (permissible) equipment. 
</P>
<P><I>Certification label</I> means a plate, label, or marking, the design of which meets MSHA's requirements, for attachment to a certified component identifying the component as having met the MSHA's requirements for incorporation in a machine to be submitted for approval. 
</P>
<P><I>Component</I> means an integral part of an electrical machine or accessory that is essential to the functioning of the machine or accessory. 
</P>
<P><I>Connection box</I> (also known as conduit or terminal box) means an enclosure mounted on an electrical machine or accessory to facilitate wiring, without the use of external splices. (Such boxes may have a joint common with an explosion-proof enclosure provided the adjoining surfaces conform to the requirements of subpart B of this part.) 
</P>
<P><I>Cylindrical joint</I> means a joint comprised of two contiguous, concentric, cylindrical surfaces. 
</P>
<P><I>Distribution box</I> means an enclosure through which one or more portable cables may be connected to a source of electrical energy, and which contains a short-circuit protective device for each outgoing cable. 
</P>
<P><I>Experimental equipment</I> means any electrical machine or accessory that an applicant or MSHA may desire to operate experimentally for a limited time in a gassy mine or tunnel. (For example, this might include a machine constructed at a mine, an imported machine, or a machine or device designed and developed by MSHA.) 
</P>
<P><I>Explosion-proof enclosure</I> means an enclosure that complies with the applicable design requirements in subpart B of this part and is so constructed that it will withstand internal explosions of methane-air mixtures: (1) Without damage to or excessive distortion of its walls or cover(s), and (2) without ignition of surrounding methane-air mixtures or discharge of flame from inside to outside the enclosure. 
</P>
<P><I>Flame-arresting path</I> means two or more adjoining or adjacent surfaces between which the escape of flame is prevented. 
</P>
<P><I>Flame resistant</I> as applied to cable, hose, and insulating materials means material that will burn when held in a flame but will cease burning when the flame is removed. 
</P>
<P><I>Flammable mixture</I> means a mixture of methane or natural gas and air that when ignited will propagate flame. Natural gas containing a high percentage of methane is a satisfactory substitute for pure methane in most tests. 
</P>
<P><I>Gassy mine</I> means a coal mine classed as “gassy” by MESA or by the State in which the mine is situated. 
</P>
<P><I>Incendive arc or spark</I> means an arc or spark releasing enough electrical or thermal energy to ignite a flammable mixture of the most easily ignitable composition. 
</P>
<P><I>Intrinsically safe</I> means incapable of releasing enough electrical or thermal energy under normal or abnormal conditions to cause ignition of a flammable mixture of methane or natural gas and air of the most easily ignitable composition. 
</P>
<P><I>MESA</I> means the United States Department of the Interior, Mining Enforcement and Safety Administration. Predecessor organization to MSHA, prior to March 9, 1978.
</P>
<P><I>Mobile equipment</I> means equipment that is self-propelled. 
</P>
<P><I>MSHA</I> means the United States Department of Labor, Mine Safety and Health Administration.
</P>
<P><I>Normal operation</I> means the regular performance of those functions for which a machine or accessory was designed. 
</P>
<P><I>Permissible equipment</I> means a completely assembled electrical machine or accessory for which an approval has been issued. 
</P>
<P><I>Permit</I> means a formal document, signed by the Assistant Secretary, authorizing the operation of specific experimental equipment in a gassy mine or tunnel under prescribed conditions. 
</P>
<P><I>Plane joint</I> means two adjoining surfaces in parallel planes. 
</P>
<P><I>Portable cable,</I> or <I>trailing cable</I> means a flame-resistant, flexible cable or cord through which electrical energy is transmitted to a permissible machine or accessory. (A portable cable is that portion of the power-supply system between the last short-circuit protective device, acceptable to MSHA, in the system and the machine or accessory to which it transmits electrical energy.) 
</P>
<P><I>Portable equipment</I> means equipment that may be moved frequently and is constructed or mounted to facilitate such movement. 
</P>
<P><I>Potted component</I> means a component that is entirely embedded in a solidified insulating material within an enclosure. 
</P>
<P><I>Pressure piling</I> means the development of abnormal pressure as a result of accelerated rate of burning of a gas-air mixture. (Frequently caused by restricted configurations within enclosures.) 
</P>
<P><I>Qualified representative</I> means a person authorized by MSHA to determine whether the applicable requirements of this part have been complied with in the original manufacture, rebuilding, or repairing of equipment for which approval, certification, or a permit is sought. 
</P>
<P><I>Splice box</I> means a portable enclosure in which electrical conductors may be joined. 
</P>
<P><I>Step (rabbet) joint</I> means a joint comprised of two adjoining surfaces with a change(s) in direction between its inner and outer edges. (A step joint may be composed of a cylindrical portion and a plane portion or of two or more plane portions.) 
</P>
<P><I>Threaded joint</I> means a joint consisting of a male- and a female-threaded member, both of which are of the same type and gage.
</P>
<P><I>Voluntary consensus standard</I> means a safety standard that:
</P>
<P>(1) Is developed or adopted by a voluntary consensus standards body; and
</P>
<P>(2) Prescribes safety requirements applicable to equipment for which applicants are seeking approval, certification, extension, or acceptance under this part.
</P>
<P><I>Voluntary consensus standards body</I> means a domestic or international organization that plans, develops, establishes, or coordinates voluntary consensus standards using agreed-upon procedures that are consistent with the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 3710) and the Office of Management and Budget's Circular A-119 (Jan. 27, 2016).
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 39 FR 23999, June 28, 1974; 43 FR 12314, Mar. 24, 1978; 57 FR 61223, Dec. 23, 1992; 73 FR 80611, Dec. 31, 2008; 89 FR 99104, Dec. 10, 2024] 


</CITA>
</DIV8>


<DIV8 N="§ 18.3" NODE="30:1.0.1.2.8.1.1.3" TYPE="SECTION">
<HEAD>§ 18.3   Consultation.</HEAD>
<P>By appointment, applicants or their representatives may visit the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, to discuss a proposed design to be submitted for approval, certification, or acceptance for listing. No charge is made for such consultation and no written report thereof will be made to the applicant.
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 73 FR 52211, Sept. 9, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 18.4" NODE="30:1.0.1.2.8.1.1.4" TYPE="SECTION">
<HEAD>§ 18.4   Electrical equipment for which approval is issued.</HEAD>
<P>An approval will be issued only for a complete electrical machine or accessory. Only components meeting the requirements of subpart B of this part or those approved under part 7 of this chapter, unless they contain intrinsically safe circuits, shall be included in the assemblies.
</P>
<CITA TYPE="N">[57 FR 61209, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.5" NODE="30:1.0.1.2.8.1.1.5" TYPE="SECTION">
<HEAD>§ 18.5   Equipment for which certification will be issued.</HEAD>
<P>Certification will be issued for a component or subassembly suitable to incorporate in an approved machine. Certification may be issued for such components as explosion-proof enclosures, battery trays, and connectors. 


</P>
</DIV8>


<DIV8 N="§ 18.6" NODE="30:1.0.1.2.8.1.1.6" TYPE="SECTION">
<HEAD>§ 18.6   Applications.</HEAD>
<P>(a)(1) Investigation leading to approval, certification, extension thereof, or acceptance of hose will be undertaken by MSHA only pursuant to a written application. The application shall be accompanied by all necessary drawings, specifications, descriptions, and related materials, as set out in this part. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(2) Where the applicant for approval has used an independent testing laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part. A listing of all equivalency determinations will be published in 30 CFR part 6 and the applicable approval parts. The listing will state whether MSHA accepts the non-MSHA product safety standards in their original form, or whether MSHA will require modifications to demonstrate equivalency. If modifications are required, they will be provided in the listing. MSHA will notify the public of each equivalency determination and will publish a summary of the basis for its determination. MSHA will provide equivalency determination reports to the public upon request to the Approval and Certification Center. MSHA has made the following equivalency determinations applicable to this part 18.
</P>
<P>(i) MSHA will accept applications for explosion-proof enclosures under part 18 designed and tested to the International Electrotechnical Commission's (IEC) standards for Electrical Apparatus for Explosive Gas Atmospheres, Part 0, General Requirements (IEC 60079-0, Fourth Edition, 2004-01); and Part 1, Electrical Apparatus for Explosive Gas Atmospheres, Flameproof Enclosures “d” (IEC 60079-1, Fifth Edition, 2003-11) (which are hereby incorporated by reference and made a part hereof) provided the modifications to the IEC standards specified in § 18.6(a)(3)(i)(A) through (I) are met. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The IEC standards may be inspected at the U.S. Department of Labor, Mine Safety and Health Administration, Electrical Safety Division, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> These IEC standards may be obtained from International Electrical Commission, Central Office 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland.
</P>
<P>(A) Enclosures shall be made of metal and not have a compartment exceeding ten (10) feet in length. Glass or polycarbonate materials shall be the only materials utilized in the construction of windows and lenses. External surfaces of enclosures shall not exceed 150 °C (302 °F) and internal surface temperatures of enclosures with polycarbonate windows and lenses shall not exceed 115 °C (240 °F), in normal operation. Other non-metallic materials for enclosures or parts of enclosures will be evaluated, on a case-by-case basis, under the new technology provisions in § 18.20(b) of this part.
</P>
<P>(B) Enclosures shall be rugged in construction and should meet existing requirements for minimum bolt size and spacing and for minimum wall, cover, and flange thicknesses specified in paragraph (g)(19) of § 7.304 Technical requirements. Enclosure fasteners should be uniform in size and length, be provided at all corners, and be secured from loosening by lockwashers or equivalent. An engineering analysis shall be provided for enclosure designs that deviate from the existing requirements. The analysis shall show that the proposed enclosure design meets or exceeds the mechanical strength of a comparable enclosure designed to 150 psig according to existing requirements, and that flamepath clearances in excess of existing requirements will not be produced at an internal pressure of 150 psig. This shall be verified by explosion testing the enclosure at a minimum of 150 psig.
</P>
<P>(C) Enclosures shall be designed to withstand a minimum pressure of at least 150 psig without leakage through any welds or castings, rupture of any part that affects explosion-proof integrity, clearances exceeding those permitted under existing requirements along flame-arresting paths, or permanent distortion exceeding 0.040-inch per linear foot.
</P>
<P>(D) Flamepath clearances, including clearances between fasteners and the holes through which they pass, shall not exceed those specified in existing requirements. No intentional gaps in flamepaths are permitted.
</P>
<P>(E) The minimum lengths of the flame arresting paths, based on enclosure volume, shall conform to those specified in existing requirements to the nearest metric equivalent value (<I>e.g.</I>, 12.5 mm, 19 mm, and 25 mm are considered equivalent to 
<FR>1/2</FR> inch, 
<FR>3/4</FR> inch and 1 inch respectively for plane and cylindrical joints). The widths of any grooves for o-rings shall be deducted in measuring the widths of flame-arresting paths.
</P>
<P>(F) Gaskets shall not be used to form any part of a flame-arresting path. If o-rings are installed within a flamepath, the location of the o-rings shall meet existing requirements.
</P>
<P>(G) Cable entries into enclosures shall be of a type that utilizes either flame-resistant rope packing material or sealing rings (grommets). If plugs and mating receptacles are mounted to an enclosure wall, they shall be of explosion-proof construction. Insulated bushings or studs shall not be installed in the outside walls of enclosures. Lead entrances utilizing sealing compounds and flexible or rigid metallic conduit are not permitted.
</P>
<P>(H) Unused lead entrances shall be closed with a metal plug that is secured by spot welding, brazing, or equivalent.
</P>
<P>(I) Special explosion tests are required for explosion-proof enclosures that share leads (electric conductors) through a common wall with another explosion-proof enclosure. These tests are required to determine the presence of pressure piling conditions in either enclosure when one or more of the insulating barriers, sectionalizing terminals, or other isolating parts are sequentially removed from the common wall between the enclosures. Enclosures that exhibit pressures during these tests that exceed those specified in existing requirements must be provided with a warning tag. The durable warning tag must indicate that the insulating barriers, sectionalizing terminals, or other isolating parts be maintained in order to insure the explosion-proof integrity for either enclosure sharing a common wall. A warning tag is not required if the enclosures withstand a static pressure of twice the maximum value observed in the explosion tests.
</P>
<P>(ii) [Reserved]
</P>
<P>(4) The application, all related documents, and all correspondence concerning it shall be addressed to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<P>(b)-(c) [Reserved]
</P>
<P>(d) Applications for acceptance of hose as flame resistant shall include the following information: Trade name of hose, identification of materials used, including compound numbers, thickness of cover, thickness of tube, and number and weight of plies. The applicant shall provide other description or specifications as may be subsequently required. 
</P>
<P>(e) Drawings, drawing lists, specifications, wiring diagram, and descriptions shall be adequate in number and detail to identify fully the complete assembly, component parts, and subassemblies. Drawings shall be titled, numbered, dated and shall show the latest revision. When intrinsically safe circuits are incorporated in a machine or accessory, the wiring diagram shall include a warning statement that any change(s) in the intrinsically safe circuitry or components may result in an unsafe condition. The specifications shall include an assembly drawing(s) (see Figure 1 in Appendix II) showing the overall dimensions of the machine and the identity of each component part which may be listed thereon or separately, as in a bill of material (see Figure 2 in Appendix II). MSHA may accept photographs (minimum size 8″ × 10
<FR>1/2</FR>″) in lieu of assembly drawing(s). Purchased parts shall be identified by the manufacturer's name, catalog number(s), and rating(s). In the case of standard hardware and miscellaneous parts, such as insulating pieces, size and kind of material shall be specified. All drawings of component parts submitted to MSHA shall be identical to those used in the manufacture of the parts. Dimensions of parts designed to prevent the passage of flame shall specify allowable tolerances. A notation “Do Not Drill Through” or equivalent should appear on drawings with the specifications for all “blind” holes. 
</P>
<P>(f) MSHA reserves the right to require the applicant to furnish supplementary drawings showing sections through complex flame-arresting paths, such as labyrinths used in conjunction with ball or roller bearings, and also drawings containing dimensions not indicated on other drawings submitted to MSHA. 
</P>
<P>(g) The applicant may ship his equipment to MSHA for investigation at the time of filing his application and payment of the required fees. Shipping charges shall be prepaid by the applicant. 
</P>
<P>(h) For a complete investigation leading to approval or certification the applicant shall furnish MSHA with the components necessary for inspection and testing. Expendable components shall be supplied by the applicant to permit continuous operation of the equipment while being tested. If special tools are necessary to assemble or disassemble any component for inspection or test, the applicant shall furnish them with the equipment to be tested. 
</P>
<P>(i) For investigation of a hose, the applicant shall furnish samples as follows: 
</P>
<EXTRACT>
<FP-2>Hose—a sample having a minimum length of 2 feet</FP-2></EXTRACT>
<P>(j) The applicant shall submit a sample caution statement (see Figure 3 in Appendix II) specifying the conditions for maintaining permissibility of the equipment. 
</P>
<P>(k) The applicant shall submit a factory-inspection form (see Figure 4 in Appendix II) used to maintain quality control at the place of manufacture or assembly to insure that component parts are made and assembled in strict accordance with the drawings and specifications covering a design submitted to MSHA for approval or certification. 
</P>
<P>(l) MSHA will accept an application for an approval, a letter of certification, or an acceptance for listing of a product that is manufactured in a country other than the United States provided: (1) All correspondence, specifications, lettering on drawings (metric-system dimensions acceptable), instructions, and related information are in English; and (2) all other requirements of this part are met the same as for a domestic applicant. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 47 FR 14696, Apr. 6, 1982; 57 FR 61223, Dec. 23, 1992; 60 FR 33723, June 29, 1995; 60 FR 35693, July 11, 1995; 68 FR 36419, June 17, 2003; 70 FR 46343, Aug. 9, 2005; 71 FR 28584, May 17, 2006; 73 FR 52211, Sept. 9, 2008; 73 FR 80611, Dec. 31, 2008; 89 FR 99104, Dec. 10, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 18.7" NODE="30:1.0.1.2.8.1.1.7" TYPE="SECTION">
<HEAD>§ 18.7   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 18.8" NODE="30:1.0.1.2.8.1.1.8" TYPE="SECTION">
<HEAD>§ 18.8   Date for conducting investigation and tests.</HEAD>
<P>The date of receipt of an application will determine the order of precedence for investigation and testing. If an electrical machine component or accessory fails to meet any of the requirements, it shall lose its order of precedence. If an application is submitted to resume investigation and testing after correction of the cause of failure, it will be treated as a new application and the order of precedence for investigation and testing will be so determined. 


</P>
</DIV8>


<DIV8 N="§ 18.9" NODE="30:1.0.1.2.8.1.1.9" TYPE="SECTION">
<HEAD>§ 18.9   Conduct of investigations and tests.</HEAD>
<P>(a) Prior to the issuance of an approval, certification, or acceptance of a hose, only MSHA personnel, representative(s) of the applicant, and such other person(s) as may be mutually agreed upon may observe any part of the investigation or tests. The MSHA will hold as confidential and will not disclose principles or patentable features; nor will it disclose to persons other than the applicant the results of tests, chemical analysis of materials or any details of the applicant's drawings, specifications, instructions, and related material. 
</P>
<P>(b) Unless notified to the contrary by MSHA, the applicant shall provide assistance in disassembling parts for inspection, preparing parts for testing, and preparing equipment for return shipment. Explosion-proof enclosures shall be drilled and tapped for pipe connections in accordance with instructions supplied by MSHA. 
</P>
<P>(c) MSHA reserves the right to inspect a complete machine, component part, or accessory at a place other than the Bureau's premises, such as the assembly plant or other location acceptable to MSHA, at the applicant's expense. 
</P>
<P>(d) Applicants shall be responsible for their representatives present during tests and for observers admitted at their request and shall save the Government harmless in the event of damage to applicant's property or injury to applicant's representatives or to observers admitted at their request. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 57 FR 61223, Dec. 23, 1992; 73 FR 80612, Dec. 31, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 18.10" NODE="30:1.0.1.2.8.1.1.10" TYPE="SECTION">
<HEAD>§ 18.10   Notice of approval or disapproval.</HEAD>
<P>(a) Upon completing investigation of a complete assembly of an electrical machine or accessory, MSHA will issue to the applicant either a written notice of approval or a written notice of disapproval, as the case may require. No informal notification of approval will be issued. If a notice of disapproval is issued, it will be accompanied by details of the defects, with recommendations for possible correction. MSHA will not disclose, except to the applicant, any information upon which a notice of disapproval has been issued. 
</P>
<P>(b) A formal notice of approval will be accompanied by a list of drawings, specifications, and related material, covering the details of design and construction of the equipment upon which the approval is based. Applicants shall keep exact duplicates of the drawings, specifications, and descriptions that relate to equipment for which an approval has been issued, and the drawings and specifications shall be adhered to exactly in production of the approved equipment. 
</P>
<P>(c) An applicant shall not advertise or otherwise represent his equipment as approved (permissible) until he has received MSHA's formal notice of approval. 


</P>
</DIV8>


<DIV8 N="§ 18.11" NODE="30:1.0.1.2.8.1.1.11" TYPE="SECTION">
<HEAD>§ 18.11   Approval plate.</HEAD>
<P>(a)(1) The notice of approval will be accompanied by a photograph of an approval plate, bearing the emblem of Mine Safety and Health Administration, the name of the complete assembly, the name of the applicant, and spaces for the approval number, serial number, and the type or model of machine. 
</P>
<P>(2) An extension of approval will not affect the original approval number except that the extension number shall be added to the original approval number on the approval plate. (Example: Original approval No. 2G-3000; seventh extension No. 2G-3000-7.) 
</P>
<P>(b) The applicant shall reproduce the design on a separate plate, which shall be attached in a suitable place, on each complete assembly to which it relates. The size, type, location, and method of attaching an approval plate are subject to MSHA's concurrence. The method for affixing the approval plate shall not impair any explosion-proof feature of the equipment. 
</P>
<P>(c) The approval plate identifies as permissible the machine or accessory to which it is attached, and use of the approval plate obligates the applicant to whom the approval was issued to maintain in his plant the quality of each complete assembly and guarantees that the equipment is manufactured and assembled according to the drawings, specifications, and descriptions upon which the approval and subsequent extension(s) of approval were based. 
</P>
<P>(d) A completely assembled approved machine with an integral dust collector shall bear an approval plate indicating that the requirements of part 33 of this chapter (Bureau of Mines Schedule 25B), have been complied with. Approval numbers will be assigned under each part of such joint approvals. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978] 


</CITA>
</DIV8>


<DIV8 N="§ 18.12" NODE="30:1.0.1.2.8.1.1.12" TYPE="SECTION">
<HEAD>§ 18.12   Letter of certification.</HEAD>
<P>(a) A letter of certification may be issued by MSHA for a component intended for incorporation in a complete machine or accessory for which an approval may be subsequently issued. A letter of certification will be issued to an applicant when a component has met all the applicable requirements of this part. Included in the letter of certification will be an assigned MSHA certification number that will identify the certified component. 
</P>
<P>(b) A letter of certification will be accompanied by a list of drawings, specifications, and related material covering the details of design and construction of a component upon which the letter of certification is based. Applicants shall keep exact duplicates of the drawings, specifications, and descriptions that relate to the component for which a letter of certification has been issued; and the drawings and specifications shall be adhered to exactly in production of the certified component. 
</P>
<P>(c) A component shall not be represented as certified until the applicant has received MSHA's letter of certification for the component. Certified components are not to be represented as “approved” or “permissible” because such terms apply only to completely assembled machines or accessories. 


</P>
</DIV8>


<DIV8 N="§ 18.13" NODE="30:1.0.1.2.8.1.1.13" TYPE="SECTION">
<HEAD>§ 18.13   Certification plate.</HEAD>
<P>Each certified component shall be identified by a certification plate attached to the component in a manner acceptable to MSHA. The method of attachment shall not impair any explosion-proof characteristics of the component. The plate shall be of serviceable material, acceptable, to MSHA, and shall contain the following: 
</P>
<EXTRACT>
<FP-1>Certified as complying with the applicable requirements of 30 CFR part ________. 
</FP-1>
<FP-1>Certification No.________.</FP-1></EXTRACT>
<FP>The blank spaces shall be filled with appropriate designations. Inclusion of the information on a company name plate will be permitted provided the plate is made of material acceptable to MSHA. 


</FP>
</DIV8>


<DIV8 N="§ 18.14" NODE="30:1.0.1.2.8.1.1.14" TYPE="SECTION">
<HEAD>§ 18.14   Identification of tested noncertified explosion-proof enclosures.</HEAD>
<P>An enclosure that meets all applicable requirements of this part, but has not been certified by MSHA, shall be identified by a permanent marking on it in a conspicuous location. The design of such marking shall consist of capital letters USMSHA not less than 
<FR>1/4</FR> inch in height, enclosed in a circle not less than 1 inch in diameter. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 18.15" NODE="30:1.0.1.2.8.1.1.15" TYPE="SECTION">
<HEAD>§ 18.15   Changes after approval or certification.</HEAD>
<P>If an applicant desires to change any feature of approved equipment or a certified component, he shall first obtain MSHA's concurrence pursuant to the following procedure: 
</P>
<P>(a)(1) Application shall be made as for an original approval or letter of certification requesting that the existing approval or certification be extended to cover the proposed changes and shall be accompanied by drawings, specifications, and related information, showing the changes in detail. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved or certified product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
</P>
<P>(b) The application will be examined by MSHA to determine whether inspection or testing will be required. Testing will be required if there is a possibility that the change(s) may adversely affect safety. 
</P>
<P>(c) An application for a formal extension of approval or certification must have a list of new or revised drawings, specifications, and information related to the changes to be added to those already on file for the original approval or certification. MSHA will issue a formal extension of approval or certification to a completely assembled electrical machine or accessory, if each component of such electrical machine or accessory:
</P>
<P>(1) Meets the requirements in subparts B through E of this part; or
</P>
<P>(2) Meets the requirements in approved voluntary consensus standards (see § 18.101). 
</P>
<P>(d) Revisions in drawings or specifications that do not involve actual change in the explosion-proof features of equipment may be handled informally. 
</P>
<CITA TYPE="N">[43 FR 12313, Mar. 24, 1978, as amended at 52 FR 17514, May 8, 1987; 68 FR 36419, June 17, 2003; 89 FR 99104, Dec. 10, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 18.16" NODE="30:1.0.1.2.8.1.1.16" TYPE="SECTION">
<HEAD>§ 18.16   Withdrawal of approval, certification, or acceptance.</HEAD>
<P>MSHA reserves the right to rescind, for cause, any approval, certification, acceptance, or extension thereof, issued under this part. 


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.8.2" TYPE="SUBPART">
<HEAD>Subpart B—Construction and Design Requirements</HEAD>


<DIV8 N="§ 18.20" NODE="30:1.0.1.2.8.2.1.1" TYPE="SECTION">
<HEAD>§ 18.20   Quality of material, workmanship, and design.</HEAD>
<P>(a) Electrically operated equipment intended for use in coal mines shall be rugged in construction and shall be designed to facilitate inspection and maintenance. 
</P>
<P>(b) MSHA will test only electrical equipment that in the opinion of its qualified representatives is constructed of suitable materials, is of good quality workmanship, based on sound engineering principles, and is safe for its intended use. Since all possible designs, circuits, arrangements, or combinations of components and materials cannot be foreseen, MSHA reserves the right to modify design, construction, and test requirements to obtain the same degree of protection as provided by the tests described in Subpart C of this part. 
</P>
<P>(c) Moving parts, such as rotating saws, gears, and chain drives, shall be guarded to prevent personal injury. 
</P>
<P>(d) Flange joints and lead entrances shall be accessible for field inspection, where practicable. 
</P>
<P>(e) An audible warning device shall be provided on each mobile machine that travels at a speed greater than 2.5 miles per hour. 
</P>
<P>(f) Brakes shall be provided for each wheel-mounted machine, unless design of the driving mechanism will preclude accidental movement of the machine when parked. 
</P>
<P>(g) A headlight and red light-reflecting material shall be provided on both front and rear of each mobile transportation unit that travels at a speed greater than 2.5 miles per hour. Red light-reflecting material should be provided on each end of other mobile machines. 


</P>
</DIV8>


<DIV8 N="§ 18.21" NODE="30:1.0.1.2.8.2.1.2" TYPE="SECTION">
<HEAD>§ 18.21   Machines equipped with powered dust collectors.</HEAD>
<P>Powered dust collectors on machines submitted for approval shall meet the applicable requirements of Part 33 of this chapter (Bureau of Mines Schedule 25B), and shall bear the approval number assigned by MSHA. 


</P>
</DIV8>


<DIV8 N="§ 18.22" NODE="30:1.0.1.2.8.2.1.3" TYPE="SECTION">
<HEAD>§ 18.22   Boring-type machines equipped for auxiliary face ventilation.</HEAD>
<P>Each boring-type continuous-mining machine that is submitted for approval shall be constructed with an unobstructed continuous space(s) of not less than 200 square inches total cross-sectional area on or within the machine to which flexible tubing may be attached to facilitate auxiliary face ventilation. 


</P>
</DIV8>


<DIV8 N="§ 18.23" NODE="30:1.0.1.2.8.2.1.4" TYPE="SECTION">
<HEAD>§ 18.23   Limitation of external surface temperatures.</HEAD>
<P>The temperature of the external surfaces of mechanical or electrical components shall not exceed 150 °C. (302 °F.) under normal operating conditions. 


</P>
</DIV8>


<DIV8 N="§ 18.24" NODE="30:1.0.1.2.8.2.1.5" TYPE="SECTION">
<HEAD>§ 18.24   Electrical clearances.</HEAD>
<P>Minimum clearances between uninsulated electrical conductor surfaces, or between uninsulated conductor surfaces and grounded metal surfaces, within the enclosure shall be as follows:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Minimum Clearances Between Uninsulated Surfaces
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Phase-to-Phase Voltage (rms)
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Clearances (inches)
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Phase-to-Phase 
</TH><TH class="gpotbl_colhed" scope="col">Phase-to-Ground or Control Circuit
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0 to 250</TD><TD align="right" class="gpotbl_cell">0.25</TD><TD align="right" class="gpotbl_cell">0.25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">251 to 600</TD><TD align="right" class="gpotbl_cell">0.28</TD><TD align="right" class="gpotbl_cell">0.25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">601 to 1000</TD><TD align="right" class="gpotbl_cell">0.61</TD><TD align="right" class="gpotbl_cell">0.25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1001 to 2400</TD><TD align="right" class="gpotbl_cell">1.4</TD><TD align="right" class="gpotbl_cell">0.6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2401 to 4160</TD><TD align="right" class="gpotbl_cell">3.0</TD><TD align="right" class="gpotbl_cell">1.4</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[57 FR 61209, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.25" NODE="30:1.0.1.2.8.2.1.6" TYPE="SECTION">
<HEAD>§ 18.25   Combustible gases from insulating material.</HEAD>
<P>(a) Insulating materials that give off flammable or explosive gases when decomposed electrically shall not be used within enclosures where the materials are subjected to destructive electrical action. 
</P>
<P>(b) Parts coated or impregnated with insulating materials shall be heat-treated to remove any combustible solvent(s) before assembly in an explosion-proof enclosure. Air-drying insulating materials are excepted. 


</P>
</DIV8>


<DIV8 N="§ 18.26" NODE="30:1.0.1.2.8.2.1.7" TYPE="SECTION">
<HEAD>§ 18.26   Static electricity.</HEAD>
<P>Nonmetallic rotating parts, such as belts and fans, shall be provided with a means to prevent an accumulation of static electricity. 


</P>
</DIV8>


<DIV8 N="§ 18.27" NODE="30:1.0.1.2.8.2.1.8" TYPE="SECTION">
<HEAD>§ 18.27   Gaskets.</HEAD>
<P>A gasket(s) shall not be used between any two surfaces forming a flame-arresting path except as follows: 
</P>
<P>(a) A gasket of lead, elastomer, or equivalent will be acceptable provided the gasket does not interfere with an acceptable metal-to-metal joint. 
</P>
<P>(b) A lead gasket(s) or equivalent will be acceptable between glass and a hard metal to form all or a part of a flame-arresting path. 


</P>
</DIV8>


<DIV8 N="§ 18.28" NODE="30:1.0.1.2.8.2.1.9" TYPE="SECTION">
<HEAD>§ 18.28   Devices for pressure relief, ventilation, or drainage.</HEAD>
<P>(a) Devices for installation on explosion-proof enclosures to relieve pressure, ventilate, or drain will be acceptable provided the length of the flame-arresting path and the clearances or size of holes in perforated metal will prevent discharge of flame in explosion tests. 
</P>
<P>(b) Devices for pressure relief, ventilation, or drainage shall be constructed of materials that resist corrosion and distortion, and be so designed that they can be cleaned readily. Provision shall be made for secure attachment of such devices. 
</P>
<P>(c) Devices for pressure relief, ventilation, or drainage will be acceptable for application only on enclosures with which they are explosion tested. 


</P>
</DIV8>


<DIV8 N="§ 18.29" NODE="30:1.0.1.2.8.2.1.10" TYPE="SECTION">
<HEAD>§ 18.29   Access openings and covers, including unused lead-entrance holes.</HEAD>
<P>(a) Access openings in explosion-proof enclosures will be permitted only where necessary for maintenance of internal parts such as motor brushes and fuses. 
</P>
<P>(b) Covers for access openings shall meet the same requirements as any other part of an enclosure except that threaded covers shall be secured against loosening, preferably with screws having heads requiring a special tool. (See Figure 1 in Appendix II.) 
</P>
<P>(c) Holes in enclosures that are provided for lead entrances but which are not in use shall be closed with metal plugs secured by spot welding, brazing, or equivalent. (See Figure 10 in Appendix II.) 


</P>
</DIV8>


<DIV8 N="§ 18.30" NODE="30:1.0.1.2.8.2.1.11" TYPE="SECTION">
<HEAD>§ 18.30   Windows and lenses.</HEAD>
<P>(a) MSHA may waive testing of materials for windows or lenses except headlight lenses. When tested, material for windows or lenses shall meet the test requirements prescribed in § 18.66 and shall be sealed in place or provided with flange joints in accordance with § 18.31. 
</P>
<P>(b) Windows or lenses shall be protected from mechanical damage by structural design, location, or guarding. Windows or lenses, other than headlight lenses, having an exposed area greater than 8 square inches, shall be provided with guarding or equivalent. 


</P>
</DIV8>


<DIV8 N="§ 18.31" NODE="30:1.0.1.2.8.2.1.12" TYPE="SECTION">
<HEAD>§ 18.31   Enclosures—joints and fastenings.</HEAD>
<P>(a) Explosion-proof enclosures: 
</P>
<P>(1) Cast or welded enclosures shall be designed to withstand a minimum internal pressure of 150 pounds per square inch (gage). Castings shall be free from blowholes. 
</P>
<P>(2) Welded joints forming an enclosure shall have continuous gas-tight welds. All welds shall be made in accordance with American Welding Society standards. 
</P>
<P>(3) External rotating parts shall not be constructed of aluminum alloys containing more than 0.6 percent magnesium.
</P>
<P>(4) MSHA reserves the right to require the applicant to conduct static-pressure tests on each enclosure when MSHA determines that the particular design will not permit complete visual inspection or when the joint(s) forming an enclosure is welded on one side only (see § 18.67). 
</P>
<P>(5) Threaded covers and mating parts shall be designed with Class 1A and 1B (coarse, loose-fitting) threads. The flame-arresting path of threaded joints shall conform to the requirements of paragraph (a)(6) of this section.
</P>
<P>(6) Enclosure requirements shall be based on the internal volumes of the empty enclosure. The internal volume is the volume remaining after deducting the volume of any part that is essential in maintaining the explosion-proof integrity of the enclosure or necessary for the operation. Essential parts include the parts that constitute the flame-arresting path and those necessary to secure parts that constitute a flame-arresting path. Enclosures shall meet the following requirements:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Explosion-Proof Requirements Based on Volume
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col"> 
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Volume of empty enclosure
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Less than 45 cu. in.
</TH><TH class="gpotbl_colhed" scope="col">45 to 124 cu. in. inclusive
</TH><TH class="gpotbl_colhed" scope="col">More than 124 cu. in.
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum thickness of material for walls 
<sup>1</sup></TD><TD align="right" class="gpotbl_cell">
<fr>1/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/16</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum thickness of material for flanges and covers</TD><TD align="right" class="gpotbl_cell">
<sup>2</sup> 
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<sup>3</sup> 
<fr>3/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<sup>3</sup> 
<fr>1/2</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum width of joint; all in one plane 
<sup>4</sup></TD><TD align="right" class="gpotbl_cell">
<fr>1/2</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/4</fr>″</TD><TD align="right" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum clearance; joint all in one plane</TD><TD align="right" class="gpotbl_cell">0.002″</TD><TD align="right" class="gpotbl_cell">0.003″</TD><TD align="right" class="gpotbl_cell">0.004″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum width of joint, portions of which are in different planes; cylinders or equivalent 
<sup>4 5</sup></TD><TD align="right" class="gpotbl_cell">
<fr>3/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>5/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/4</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum clearances; joint in two or more planes, cylinders or equivalent:
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(a) Portion perpendicular to plane 
<sup>6</sup></TD><TD align="right" class="gpotbl_cell">0.008″</TD><TD align="right" class="gpotbl_cell">0.008″</TD><TD align="right" class="gpotbl_cell">0.008″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(b) Plane portion</TD><TD align="right" class="gpotbl_cell">0.006″</TD><TD align="right" class="gpotbl_cell">0.006″</TD><TD align="right" class="gpotbl_cell">0.006″ 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum bolt 
<sup>7 8</sup> spacing; joints all in one plane</TD><TD align="right" class="gpotbl_cell">(
<sup>16</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>16</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>16</sup>)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum bolt spacing; joints, portions of which are in different planes</TD><TD align="right" class="gpotbl_cell">(
<sup>9</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>9</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>9</sup>)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum diameter of bolt (without regard to type of joint)</TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/8</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum thread engagement 
<sup>10</sup></TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/4</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/8</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Maximum diametrical clearance between bolt body and unthreaded holes through which it passes 
<sup>8 11 12</sup></TD><TD align="right" class="gpotbl_cell">
<fr>1/64</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/32</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>1/16</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Minimum distance from interior of enclosure to the edge of a bolt hole: 
<sup>8 13</sup> 
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Joint—minimum width 1″</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">
<sup>14</sup> 
<fr>7/16</fr>″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Joint—less than 1″ wide</TD><TD align="right" class="gpotbl_cell">
<fr>1/8</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/16</fr>″</TD><TD align="right" class="gpotbl_cell"></TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="4" scope="row">Cylindrical joints
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Shaft centered by ball or roller bearings:
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Minimum length of flame-arresting path</TD><TD align="right" class="gpotbl_cell">
<fr>1/2</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/4</fr>″</TD><TD align="right" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Maximum diametrical clearance</TD><TD align="right" class="gpotbl_cell">0.020″</TD><TD align="right" class="gpotbl_cell">0.025″</TD><TD align="right" class="gpotbl_cell">0.030″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Other cylindrical joints: 
<sup>15</sup>
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Minimum length of flame-arresting path</TD><TD align="right" class="gpotbl_cell">
<fr>1/2</fr>″</TD><TD align="right" class="gpotbl_cell">
<fr>3/4</fr>″</TD><TD align="right" class="gpotbl_cell">1″
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Maximum diametrical clearance</TD><TD align="right" class="gpotbl_cell">0.006″</TD><TD align="right" class="gpotbl_cell">0.008″</TD><TD align="right" class="gpotbl_cell">0.010″
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> This is the minimal nominal dimension when applied to standard steel plate.
</P><P class="gpotbl_note">
<sup>2</sup> 
<fr>1/32</fr> inch less is allowable for machining rolled plate.
</P><P class="gpotbl_note">
<sup>3</sup> 
<fr>1/16</fr> inch less is allowable for machining rolled plate.
</P><P class="gpotbl_note">
<sup>4</sup> The widths of any grooves, such as grooves for holding oil seals or O-rings, shall be deducted in measuring the widths of flame-arresting paths.
</P><P class="gpotbl_note">
<sup>5</sup> If only two planes are involved, neither portion of a joint shall be less than 
<fr>1/8</fr> inch wide, unless the wider portion conforms to the same requirements as those for a joint that is all in one plane. If more than two planes are involved (as in labyrinths or tongue-and-groove joints) the combined lengths of those portions having prescribed clearances are considered.
</P><P class="gpotbl_note">
<sup>6</sup> The allowable diametrical clearance is 0.008 inch when the portion perpendicular to the plane portion is 
<fr>1/4</fr> inch or greater in length. If the perpendicular portion is more than 
<fr>1/8</fr> inch but less than 
<fr>1/4</fr> inch wide, the diametrical clearance shall not exceed 0.006 inch.
</P><P class="gpotbl_note">
<sup>7</sup> Where the term “bolt” is used, it refers to a machine bolt or a cap screw, and for either of these studs may be substituted provided the studs, bottom in blind holes, are completely welded in place, or the bottom of the hole is closed with a plug secured by weld or braze. Bolts shall be provided at all corners.
</P><P class="gpotbl_note">
<sup>8</sup> The requirements as to diametrical clearance around the bolt and minimum distance from the bolt hole to the inside of the explosion-proof enclosure apply to steel dowel pins. In addition, when such pins are used, the spacing between centers of the bolts on either side of the pin shall not exceed 5 inches.
</P><P class="gpotbl_note">
<sup>9</sup> Adequacy of bolt spacing will be judged on the basis of size and configuration of the enclosure, strength of materials, and explosion test results.
</P><P class="gpotbl_note">
<sup>10</sup> In general, minimum thread engagement shall be equal to or greater than the diameter of the bolt specified.
</P><P class="gpotbl_note">
<sup>11</sup> Threaded holes for fastening bolts shall be machined to remove burrs or projections that affect planarity of a surface forming a flame-arresting path.
</P><P class="gpotbl_note">
<sup>12</sup> This maximum clearance applies only when the bolt is located within the flamepath.
</P><P class="gpotbl_note">
<sup>13</sup> The edge of the bolt hole shall include the edge of any machining done to the bolt hole, such as chamfering.
</P><P class="gpotbl_note">
<sup>14</sup> Less than 
<fr>7/16</fr>″ (
<fr>1/4</fr>″ minimum) will be acceptable provided the diametrical clearance for fastening bolts does not exceed 
<fr>1/32</fr>″.
</P><P class="gpotbl_note">
<sup>15</sup> Shafts or operating rods through journal bearings shall be at least 
<fr>1/4</fr>″ in diameter. The length of fit shall not be reduced when a push button is depressed. Operating rods shall have a shoulder or head on the portion inside the enclosure. Essential parts riveted or bolted to the inside portion are acceptable in lieu of a head or shoulder, but cotter pins and similar devices shall not be used.
</P><P class="gpotbl_note">
<sup>16</sup> 6″ with a minimum of 4 bolts.</P></DIV></DIV>
<P>(7) O-rings, if used in a flame-arresting path, shall meet the following:
</P>
<P>(i) When the flame-arresting path is in one plane, the o-ring shall be located at least one-half the acceptable flame-arresting path length specified in paragraph (a)(6) of this section within the outside edge of the path (see figure J-2 in the appendix to subpart J of part 7 of this chapter). 
</P>
<P>(ii) When the flame-arresting path is one of the plane-cylindrical type (step joint), the o-ring shall be located at least 
<FR>1/2</FR> inch within the outer edge of the plane portion (see figure J-3 in the appendix to subpart J of part 7 of this chapter), or at the junction of the plane and cylindrical portion of the joint (see figure J-4 in the appendix to subpart J of part 7 of this chapter); or in the cylindrical portion (see figure J-5 in the appendix to subpart J of part 7 of this chapter). 
</P>
<P>(8) Mating parts comprising a pressed fit shall result in a minimum interference of 0.001 inch between the parts. The minimum length of the pressed fit shall be equal to the minimum thickness requirement of paragraph (a)(6) of this section for the material in which the fit is made. 
</P>
<P>(b) Enclosures for potted components: Enclosures shall be rugged and constructed with materials having 75 percent, or greater, of the thickness and flange width specified in paragraph (a) of this section. These enclosures shall be provided with means for attaching hose conduit, unless energy carried by the cable is intrinsically safe. 
</P>
<P>(c) No assembly will be approved that requires the opening of an explosion-proof enclosure to operate a switch, rheostat, or other device during normal operation of a machine. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61209, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.32" NODE="30:1.0.1.2.8.2.1.13" TYPE="SECTION">
<HEAD>§ 18.32   Fastenings—additional requirements.</HEAD>
<P>(a) Bolts, screws, or studs shall be used for fastening adjoining parts to prevent the escape of flame from an enclosure. Hinge pins or clamps will be acceptable for this purpose provided MSHA determines them to be equally effective. 
</P>
<P>(b) Lockwashers shall be provided for all bolts, screws, and studs that secure parts of explosion-proof enclosures. Special fastenings designed to prevent loosening will be acceptable in lieu of lockwashers, provided MSHA determines them to be equally effective. 
</P>
<P>(c) Fastenings shall be as uniform in size as practicable to preclude improper assembly. 
</P>
<P>(d) Holes for fastenings shall not penetrate to the interior of an explosion-proof enclosure, except as provided in paragraph (a)(9) of § 18.34, and shall be threaded to insure that a specified bolt or screw will not bottom even if its lockwasher is omitted. 
</P>
<P>(e) A minimum of 
<FR>1/8</FR>-inch of stock shall be left at the center of the bottom of each hole drilled for fastenings. 
</P>
<P>(f) Fastenings used for joints on explosion-proof enclosures shall not be used for attaching nonessential parts or for making electrical connections. 
</P>
<P>(g) The acceptable sizes for and spacings of fastenings shall be determined by the size of the enclosure, as indicated in § 18.31. 
</P>
<P>(h) MSHA reserves the right to conduct explosion tests with standard bolts, nuts, cap screws, or studs substituted for any special high-tensile strength fastening(s) specified by the applicant. 
</P>
<P>(i) Coil-thread inserts, if used in holes for fastenings, shall meet the following:
</P>
<P>(1) The inserts shall have internal screw threads.
</P>
<P>(2) The holes for the inserts shall be drilled and tapped consistent with the insert manufacturer's specifications. 
</P>
<P>(3) The inserts shall be installed consistent with the insert manufacturer's specifications. 
</P>
<P>(4) The insert shall be of sufficient length to ensure the minimum thread engagement of fastening specified in § 18.31(a)(6) of this part.
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.33" NODE="30:1.0.1.2.8.2.1.14" TYPE="SECTION">
<HEAD>§ 18.33   Finish of surface joints.</HEAD>
<P>Flat surfaces between bolt holes that form any part of a flame-arresting path shall be plane to within a maximum deviation of one-half the maximum clearance specified in § 18.31(a)(6). All metal surfaces forming a flame-arresting path shall be finished during the manufacturing process to not more than 250 microinches. A thin film of nonhardening preparation to inhibit rusting may be applied to these finished metal surfaces as long as the final surface can be readily wiped free of any foreign materials. 
</P>
<CITA TYPE="N">[57 FR 61210, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.34" NODE="30:1.0.1.2.8.2.1.15" TYPE="SECTION">
<HEAD>§ 18.34   Motors.</HEAD>
<P>Explosion-proof electric motor assemblies intended for use in approved equipment in underground mines that are specifically addressed in part 7 of this chapter shall be approved under part 7 of this chapter after February 22, 1996. Those motor assemblies not specifically addressed under part 7 of this chapter shall be accepted or certified under this part. 
</P>
<P>(a) <I>General.</I> (1) Motors shall have explosion-proof enclosures. 
</P>
<P>(2) Motors submitted to MSHA for test shall be equipped with unshielded bearings regardless of whether that type of bearing is specified. 
</P>
<P>(3) MSHA reserves the right to test motors with the maximum clearance specified between the shaft and the mating part which forms the required flame-arresting path. Also reserved is the right to remachine these parts, at the applicant's expense, to specified dimensions to provide the maximum clearance. 
</P>
<NOTE>
<HED>Note:</HED>
<P>For example, a shaft with a diameter greater than 2 inches at the flame-arresting portion might require such machining.</P></NOTE>
<P>(4) Ball and roller bearings and oil seals will not be acceptable as flame-arresting paths; therefore, a separate path shall be provided between the shaft and another part, preferably inby the bearing. The length and clearances of such flame-arresting path shall conform to the requirements of § 18.31. 
</P>
<P>(5) Labyrinths or other arrangements that provide change(s) in direction of escaping gases will be acceptable but the use of small detachable pieces shall not be permitted unless structurally unavoidable. The lengths of flame-arresting path(s) and clearance(s) shall conform to the requirements of § 18.31. 
</P>
<P>(6) Oil seals shall be removed from motors prior to submission for explosion tests. 
</P>
<NOTE>
<HED>Note:</HED>
<P>Oil seals will be removed from motors prior to explosion tests and therefore may be omitted from motors submitted for investigation.</P></NOTE>
<P>(7) Openings for filling and draining bearing lubricants shall be so located as to prevent escape of flame through them. 
</P>
<P>(8) An outer bearing cap will not be considered as forming any part of a flame-arresting path unless the cap is used as a bearing cartridge. 
</P>
<NOTE>
<HED>Note:</HED>
<P>The outer bearing cap will be omitted during explosion tests unless it houses the bearing.</P></NOTE>
<P>(9) If unavoidable, holes may be made through motor casings for bolts, studs, or screws to hold essential parts such as pole pieces, brush rigging, and bearing cartridges. Such parts shall be attached to the casing by at least two fastenings. The threaded holes in these parts shall be blind, unless the fastenings are inserted from the inside, in which case the fastenings shall not be accessible with the armature of the motor in place. 
</P>
<P>(b) <I>Direct-current motors.</I> For direct-current motors with narrow interpoles, the distance from the edge of the pole piece to any bolt hole in the frame shall be not less than 
<FR>1/8</FR> inch. If the distance is 
<FR>1/8</FR> to 
<FR>1/4</FR> inch, the diametrical clearance for the pole bolt shall not exceed 
<FR>1/64</FR> inch for not less than 
<FR>1/2</FR> inch through the frame. Furthermore, the pole piece shall have the same radius as the inner surface of the frame. Pole pieces may be shimmed as necessary. 
</P>
<P>(c) <I>Alternating-current motors.</I> Stator laminations that form a part of an explosion-proof enclosure will be acceptable provided: (1) The laminations and their end rings are fastened together under pressure; (2) the joint between the end rings and the laminations is not less than 
<FR>1/4</FR> inch, but preferably as close to 1 inch as possible; and (3) it shall be impossible to insert a 0.0015-inch thickness gage to a depth exceeding 
<FR>1/8</FR> inch between adjacent laminations or between end rings and laminations. 
</P>
<P>(d) <I>Small motors (alternating- and direct-current).</I> Motors having internal free volume not exceeding 350 cubic inches and joints not exceeding 32 inches in outer circumference will be acceptable for investigation if provided with rabbet joints between the stator frame and the end bracket having the following dimensions: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Dimensions of Rabbet Joints—Inches
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Minimum total width
</TH><TH class="gpotbl_colhed" scope="col">Min. width of clamped radial
<br/>portion
</TH><TH class="gpotbl_colhed" scope="col">Max. clearance of radial portion
</TH><TH class="gpotbl_colhed" scope="col">Max.
<br/>diametrical clearance at axial portion
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>3/8</fr></TD><TD align="right" class="gpotbl_cell">
<fr>3/64</fr></TD><TD align="right" class="gpotbl_cell">0.0015</TD><TD align="right" class="gpotbl_cell">0.003
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>1/2</fr></TD><TD align="right" class="gpotbl_cell">
<fr>3/64</fr></TD><TD align="right" class="gpotbl_cell">.002</TD><TD align="right" class="gpotbl_cell">.003
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>1/2</fr></TD><TD align="right" class="gpotbl_cell">
<fr>3/32</fr></TD><TD align="right" class="gpotbl_cell">.002</TD><TD align="right" class="gpotbl_cell">.004</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.35" NODE="30:1.0.1.2.8.2.1.16" TYPE="SECTION">
<HEAD>§ 18.35   Portable (trailing) cables and cords.</HEAD>
<P>(a) Portable cables and cords used to conduct electrical energy to face equipment shall conform to the following: 
</P>
<P>(1) Have each conductor of a current-carrying capacity consistent with the Insulated Power Cable Engineers Association (IPCEA) standards. (See Tables 1 and 2 in Appendix I.) 
</P>
<P>(2) Have current-carrying conductors not smaller than No. 14 (AWG). Cords with sizes 14 to 10 (AWG) conductors shall be constructed with heavy jackets, the diameters of which are given in Table 6 in Appendix I. 
</P>
<P>(3) Be accepted as flame resistant under this part or approved under subpart K of part 7 of this chapter. 
</P>
<P>(4) Have short-circuit protection at the outby (circuit-connecting) end of ungrounded conductors. (See Table 8 in Appendix I.) The fuse rating or trip setting shall be included in the assembler's specifications. 
</P>
<P>(5) Ordinarily the length of a portable (trailing) cable shall not exceed 500 feet. Where the method of mining requires the length of a portable (trailing) cable to be more than 500 feet, such length of cable shall be permitted only under the following prescribed conditions: 
</P>
<P>(i) The lengths of portable (trailing) cables shall not exceed those specified in Table 9, Appendix I, titled “Specifications for Portable Cables Longer Than 500 Feet.” 
</P>
<P>(ii) Short-circuit protection shall be provided by a protective device with an instantaneous trip setting as near as practicable to the maximum starting-current-inrush value, but the setting shall not exceed the trip value specified in MSHA approval for the equipment for which the portable (trailing) cable furnishes electric power. 
</P>
<P>(6) Have nominal outside dimensions consistent with IPCEA standards. (See Tables 4, 5, 6, and 7 in Appendix I.) 
</P>
<P>(7) Have conductors of No. 4 (AWG) minimum for direct-current mobile haulage units or No. 6 (AWG) minimum for alternating-current mobile haulage units. 
</P>
<P>(8) Have not more than five well-made temporary splices in a single length of portable cable. 
</P>
<P>(b) Sectionalized portable cables will be acceptable provided the connectors used inby the last open crosscut in a gassy mine meet the requirements of § 18.41. 
</P>
<P>(c) A portable cable having conductors smaller than No. 6 (AWG), when used with a trolley tap and a rail clamp, shall have well insulated single conductors not smaller than No. 6 (AWG) spliced to the outby end of each conductor. All splices shall be made in a workmanlike manner to insure good electrical conductivity, insulation, and mechanical strength. 
</P>
<P>(d) Suitable provisions shall be made to facilitate disconnection of portable cable quickly and conveniently for replacement. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968; 33 FR 6343, Apr. 26, 1968, as amended at 57 FR 61223, Dec. 23, 1992] 


</CITA>
</DIV8>


<DIV8 N="§ 18.36" NODE="30:1.0.1.2.8.2.1.17" TYPE="SECTION">
<HEAD>§ 18.36   Cables between machine components.</HEAD>
<P>(a) Cables between machine components shall have: (1) Adequate current-carrying capacity for the loads involved, (2) short-circuit protection, (3) insulation compatible with the impressed voltage, and (4) flame-resistant properties unless totally enclosed within a flame-resistant hose conduit or other flame-resistant material. 
</P>
<P>(b) Cables between machine components shall be: (1) Clamped in place to prevent undue movement, (2) protected from mechanical damage by position, flame-resistant hose conduit, metal tubing, or troughs (flexible or threaded rigid metal conduit will not be acceptable), (3) isolated from hydraulic lines, and (4) protected from abrasion by removing all sharp edges which they might contact. 
</P>
<P>(c) Cables (cords) for remote-control circuits extending from permissible equipment will be exempted from the requirements of conduit enclosure provided the total electrical energy carried is intrinsically safe or that the cables are constructed with heavy jackets, the sizes of which are stated in Table 6 of Appendix I. Cables (cords) provided with hose-conduit protection shall have a tensile strength not less than No. 16 (AWG) three-conductor, type SO cord. (Reference: 7.7.7 IPCEA Pub. No. S-19-81, Fourth Edition.) Cables (cords) constructed with heavy jackets shall consist of conductors not smaller than No. 14 (AWG) regardless of the number of conductors. 


</P>
</DIV8>


<DIV8 N="§ 18.37" NODE="30:1.0.1.2.8.2.1.18" TYPE="SECTION">
<HEAD>§ 18.37   Lead entrances.</HEAD>
<P>(a) Insulated cable(s), which must extend through an outside wall of an explosion-proof enclosure, shall pass through a stuffing-box lead entrance. All sharp edges that might damage insulation shall be removed from stuffing boxes and packing nuts. 
</P>
<P>(b) Stuffing boxes shall be so designed, and the amount of packing used shall be such, that with the packing properly compressed, the gland nut still has a clearance distance of 
<FR>1/8</FR> inch or more to travel without meeting interference by parts other than packing. In addition, the gland nut shall have a minimum of three effective threads engaged. (See figures 8, 9 and 10 in appendix II.)
</P>
<P>(c) Packing nuts and stuffing boxes shall be secured against loosening. 
</P>
<P>(d) Compressed packing material shall be in contact with the cable jacket for a length of not less than 
<FR>1/2</FR> inch. 
</P>
<P>(e) Special requirements for glands in which asbestos-packing material is specified are: 
</P>
<P>(1) Asbestos-packing material shall be untreated, not less than 
<FR>3/16</FR>-inch diameter if round, or not less than 
<FR>3/16</FR> by 
<FR>3/16</FR> inch if square. The width of the space for packing material shall not exceed by more than 50 percent the diameter or width of the uncompressed packing material. 
</P>
<P>(2) The allowable diametrical clearance between the cable and the holes in the stuffing box and packing nut shall not exceed 75 percent of the nominal diameter or width of the packing material. 
</P>
<P>(f) Special requirements for glands in which a compressible material (example—synthetic elastomers) other than asbestos is specified, are: 
</P>
<P>(1) The packing material shall be flame resistant. 
</P>
<P>(2) The radial clearance between the cable jacket and the nominal inside diameter of the packing material shall not exceed 
<FR>1/32</FR>-inch, based on the nominal specified diameter of the cable. 
</P>
<P>(3) The radial clearance between the nominal outside diameter of the packing material and the inside wall of the stuffing box (that portion into which the packing material fits) shall not exceed 
<FR>1/32</FR>-inch. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.38" NODE="30:1.0.1.2.8.2.1.19" TYPE="SECTION">
<HEAD>§ 18.38   Leads through common walls.</HEAD>
<P>(a) Insulated studs will be acceptable for use in a common wall between two explosion-proof enclosures. 
</P>
<P>(b) When insulated wires or cables are extended through a common wall between two explosion-proof enclosures in insulating bushings, such bushings shall be not less than 1-inch long and the diametrical clearance between the wire or cable insulation and the holes in the bushings shall not exceed 
<FR>1/16</FR>-inch (based on the nominal specified diameter of the cable). The insulating bushings shall be secured in the metal wall. 
</P>
<P>(c) Insulated wires or cables conducted from one explosion-proof enclosure to another through conduit, tubing, piping, or other solid-wall passageways will be acceptable provided one end of the passageway is plugged, thus isolating one enclosure from the other. Glands of secured bushings with close-fitting holes through which the wires or cables are conducted will be acceptable for plugging. The tubing or duct specified for the passageway shall be brazed or welded into the walls of both explosion-proof enclosures with continuous gas-tight welds. 
</P>
<P>(d) If wires and cables are taken through openings closed with sealing compounds, the design of the opening and characteristics of the compounds shall be such as to hold the sealing material in place without tendency of the material to crack or flow out of its place. The material also must withstand explosion tests without cracking or loosening. 
</P>
<P>(e) Openings through common walls between explosion-proof enclosures not provided with bushings or sealing compound, shall be large enough to prevent pressure piling. 


</P>
</DIV8>


<DIV8 N="§ 18.39" NODE="30:1.0.1.2.8.2.1.20" TYPE="SECTION">
<HEAD>§ 18.39   Hose conduit.</HEAD>
<P>Hose conduit shall be provided for mechanical protection of all machine cables that are exposed to damage. Hose conduit shall be flame resistant and have a minimum wall thickness of 
<FR>3/16</FR> inch. The flame resistance of hose conduit will be determined in accordance with the requirements of § 18.65. 


</P>
</DIV8>


<DIV8 N="§ 18.40" NODE="30:1.0.1.2.8.2.1.21" TYPE="SECTION">
<HEAD>§ 18.40   Cable clamps and grips.</HEAD>
<P>Insulated clamps shall be provided for all portable (trailing) cables to prevent strain on the cable terminals of a machine. Also insulated clamps shall be provided to prevent strain on both ends of each cable or cord leading from a machine to a detached or separately mounted component. Cable grips anchored to the cable may be used in lieu of insulated strain clamps. Supporting clamps for cables used for wiring around machines shall be provided in a manner acceptable to MSHA. 


</P>
</DIV8>


<DIV8 N="§ 18.41" NODE="30:1.0.1.2.8.2.1.22" TYPE="SECTION">
<HEAD>§ 18.41   Plug and receptacle-type connectors.</HEAD>
<P>(a) Plug and receptacle-type connectors for use inby the last open crosscut in a gassy mine shall be so designed that insertion or withdrawal of a plug cannot cause incendive arcing or sparking. Also, connectors shall be so designed that no live terminals, except as hereinafter provided, are exposed upon withdrawal of a plug. The following types will be acceptable: 
</P>
<P>(1) Connectors in which the mating or separation of the male and female electrodes is accomplished within an explosion-proof enclosure. 
</P>
<P>(2) Connectors that are mechanically or electrically interlocked with an automatic circuit-interrupting device. 
</P>
<P>(i) <I>Mechanically interlocked connectors.</I> If a mechanical interlock is provided the design shall be such that the plug cannot be withdrawn before the circuit has been interrupted and the circuit cannot be established with the plug partially withdrawn. 
</P>
<P>(ii) <I>Electrically interlocked connectors.</I> If an electrical interlock is provided, the total load shall be removed before the plug can be withdrawn and the electrical energy in the interlocking pilot circuit shall be intrinsically safe, unless the pilot circuit is opened within an explosion-proof enclosure. 
</P>
<P>(3) Single-pole connectors for individual conductors of a circuit used at terminal points shall be so designed that all plugs must be completely inserted before the control circuit of the machine can be energized. 
</P>
<P>(b) Plug and receptacle-type connectors used for sectionalizing the cables outby the last open crosscut in a gassy mine need not be explosion-proof or electrically interlocked provided such connectors are designed and constructed to prevent accidental separation. 
</P>
<P>(c) Conductors shall be securely attached to the electrodes in a plug or receptacle and the connections shall be totally enclosed. 
</P>
<P>(d) Molded-elastomer connectors will be acceptable provided: 
</P>
<P>(1) Any free space within the plug or receptacle is isolated from the exterior of the plug. 
</P>
<P>(2) Joints between the elastomer and metal parts are not less than 1 inch wide and the elastomer is either bonded to or fits tightly with metal parts. 
</P>
<P>(e) The contacts of all line-side connectors shall be shielded or recessed adequately. 
</P>
<P>(f) For a mobile battery-powered machine, a plug and receptacle-type connector will be acceptable in lieu of an interlock provided: 
</P>
<P>(1) The plug is padlocked to the receptacle and is held in place by a threaded ring or equivalent mechanical fastening in addition to a padlock. A connector within a padlocked enclosure will be acceptable; or, 
</P>
<P>(2) The plug is held in place by a threaded ring or equivalent mechanical fastening, in addition to the use of a device that is captive and requires a special tool to disengage and allow for the separation of the connector. All connectors using this means of compliance shall have a clearly visible warning tag that states: “DO NOT DISENGAGE UNDER LOAD,” or an equivalent statement; or, 
</P>
<P>(3) The plug is held in place by a spring-loaded or other locking device, that maintains constant pressure against a threaded ring or equivalent mechanical fastening, to secure the plug from accidental separation. All connectors using this means of compliance shall have a clearly visible warning tag that states: “DO NOT DISENGAGE UNDER LOAD,” or an equivalent statement.
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 68 FR 37082, June 23, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 18.42" NODE="30:1.0.1.2.8.2.1.23" TYPE="SECTION">
<HEAD>§ 18.42   Explosion-proof distribution boxes.</HEAD>
<P>(a) A cable passing through an outside wall(s) of a distribution box shall be conducted either through a packing gland or an interlocked plug and receptacle. 
</P>
<P>(b) Short-circuit protection shall be provided for each branch circuit connected to a distribution box. The current-carrying capacity of the specified connector shall be compatible with the automatic circuit-interrupting device. 
</P>
<P>(c) Each branch receptacle shall be plainly and permanently marked to indicate its current-carrying capacity and each receptacle shall be such that it will accommodate only an appropriate plug. 
</P>
<P>(d) Provision shall be made to relieve mechanical strain on all connectors to distribution boxes. 


</P>
</DIV8>


<DIV8 N="§ 18.43" NODE="30:1.0.1.2.8.2.1.24" TYPE="SECTION">
<HEAD>§ 18.43   Explosion-proof splice boxes.</HEAD>
<P>Internal connections shall be rigidly held and adequately insulated. Strain clamps shall be provided for all cables entering a splice box. 


</P>
</DIV8>


<DIV8 N="§ 18.44" NODE="30:1.0.1.2.8.2.1.25" TYPE="SECTION">
<HEAD>§ 18.44   Non-intrinsically safe battery-powered equipment.</HEAD>
<P>(a) Battery-powered equipment shall use battery assemblies approved under Part 7 of this chapter, or battery assemblies accepted or certified under this part prior to August 22, 1989.
</P>
<P>(b) Battery box covers shall be secured in a closed position.
</P>
<P>(c) Each wire or cable leaving a battery box on storage battery-operated equipment shall have short-circuit protection in an explosion-proof enclosure located as close as practicable to the battery terminals. A short-circuit protection device installed within a nearby explosion-proof enclosure will be acceptable. In no case shall the exposed portion of the cable from the battery box to the enclosure exceed 36 inches in length. Each wire or cable shall be protected from damage.
</P>
<CITA TYPE="N">[53 FR 23500, June 22, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 18.45" NODE="30:1.0.1.2.8.2.1.26" TYPE="SECTION">
<HEAD>§ 18.45   Cable reels.</HEAD>
<P>(a) A self-propelled machine, that receives electrical energy through a portable cable and is designed to travel at speeds exceeding 2.5 miles per hour, shall have a mechanically, hydraulically, or electrically driven reel upon which to wind the portable cable. 
</P>
<P>(b) The enclosure for moving contacts or slip rings of a cable reel shall be explosion-proof. 
</P>
<P>(c) Cable-reel bearings shall not constitute an integral part of a circuit for transmitting electrical energy. 
</P>
<P>(d) Cable reels for shuttle cars and locomotives shall maintain positive tension on the portable cable during reeling and unreeling. Such tension shall only be high enough to prevent a machine from running over its own cable(s). 
</P>
<P>(e) Cable reels and spooling devices shall be insulated with flame-resistant material. 
</P>
<P>(f) The maximum speed of travel of a machine when receiving power through a portable (trailing) cable shall not exceed 6 miles per hour. 
</P>
<P>(g) Diameters of cable reel drums and sheaves should be large enough to prevent undue bending strain on cables. 


</P>
</DIV8>


<DIV8 N="§ 18.46" NODE="30:1.0.1.2.8.2.1.27" TYPE="SECTION">
<HEAD>§ 18.46   Headlights.</HEAD>
<P>(a) Headlights shall be constructed as explosion-proof enclosures. 
</P>
<P>(b) Headlights shall be mounted to provide illumination where it will be most effective. They shall be protected from damage by guarding or location. 
</P>
<P>(c) Lenses for headlights shall be glass or other suitable material with physical characteristics equivalent to 
<FR>1/2</FR>-inch thick tempered glass, such as “Pyrex.” Lenses shall meet the requirements of the tests prescribed in § 18.66. 
</P>
<P>(d) Lenses permanently fixed in a ring with lead, epoxy, or equivalent will be acceptable provided only lens assemblies meeting the original manufacturer's specifications are used as replacements. 
</P>
<P>(e) If a single lead gasket is used, the contact surface of the opposite side of the lens shall be plane within a maximum deviation of 0.002 inch. 


</P>
</DIV8>


<DIV8 N="§ 18.47" NODE="30:1.0.1.2.8.2.1.28" TYPE="SECTION">
<HEAD>§ 18.47   Voltage limitation.</HEAD>
<P>(a) A tool or switch held in the operator's hand or supported against his body will not be approved with a nameplate rating exceeding 300 volts direct current or alternating current. 
</P>
<P>(b) A battery-powered machine shall not have a nameplate rating exceeding 240 volts, nominal (120 lead-acid cells or equivalent). 
</P>
<P>(c) Other direct-current machines shall not have a nameplate rating exceeding 550 volts. 
</P>
<P>(d) An alternating-current machine shall not have a nameplate rating exceeding 660 volts, except that a machine may have a nameplate rating greater than 660 volts but not exceeding 4,160 volts when the following conditions are complied with: 
</P>
<P>(1) Adequate clearances and insulation for the particular voltage(s) are provided in the design and construction of the equipment, its wiring, and accessories. 
</P>
<P>(2) A continuously monitored, failsafe grounding system is provided that will maintain the frame of the equipment and the frames of all accessory equipment at ground potential. Also, the equipment, including its controls and portable (trailing) cable, will be deenergized automatically upon the occurrence of an incipient ground fault. The ground-fault-tripping current shall be limited by grounding resistor(s) to that necessary for dependable relaying. The maximum ground-fault-tripping current shall not exceed 25 amperes. 
</P>
<P>(3) All high voltage switch gear and control for equipment having a nameplate rating exceeding 1,000 volts are located remotely and operated by remote control at the main equipment. Potential for remote control shall not exceed 120 volts. 
</P>
<P>(4) Portable (trailing) cable for equipment with nameplate ratings from 661 volts through 1,000 volts shall include grounding conductors, a ground check conductor, and grounded metallic shields around each power conductor or a grounded metallic shield over the assembly; except that on machines employing cable reels, cables without shields may be used if the insulation is rated 2,000 volts or more. 
</P>
<P>(5) Portable (trailing) cable for equipment with nameplate ratings from 1,001 volts through 4,160 volts shall include grounding conductors, a ground check conductor, and grounded metallic shields around each power conductor. 
</P>
<P>(6) MSHA reserves the right to require additional safeguards for high-voltage equipment, or modify the requirements to recognize improved technology. 


</P>
</DIV8>


<DIV8 N="§ 18.48" NODE="30:1.0.1.2.8.2.1.29" TYPE="SECTION">
<HEAD>§ 18.48   Circuit-interrupting devices.</HEAD>
<P>(a) Each machine shall be equipped with a circuit-interrupting device by means of which all power conductors can be deenergized at the machine. A manually operated controller will not be acceptable as a service switch. 
</P>
<P>(b) When impracticable to mount the main-circuit-interrupting device on a machine, a remote enclosure will be acceptable. When contacts are used as a main-circuit-interrupting device, a means for opening the circuit shall be provided at the machine and at the remote contactors. 
</P>
<P>(c) Separate two-pole switches shall be provided to deenergize power conductors for headlights or floodlights. 
</P>
<P>(d) Each handheld tool shall be provided with a two-pole switch of the “dead-man-control” type that must be held closed by hand and will open when hand pressure is released. 
</P>
<P>(e) A machine designed to operate from both trolley wire and portable cable shall be provided with a transfer switch, or equivalent, which prevents energizing one from the other. Such a switch shall be designed to prevent electrical connection to the machine frame when the cable is energized. 
</P>
<P>(f) Belt conveyors shall be equipped with control switches to automatically stop the driving motor in the event the belt is stopped, or abnormally slowed down. 
</P>
<NOTE>
<HED>Note:</HED>
<P>Short transfer-type conveyors will be exempted from this requirement when attended.</P></NOTE>
</DIV8>


<DIV8 N="§ 18.49" NODE="30:1.0.1.2.8.2.1.30" TYPE="SECTION">
<HEAD>§ 18.49   Connection boxes on machines.</HEAD>
<P>Connection boxes used to facilitate replacement of cables or machine components shall be explosion-proof. Portable-cable terminals on cable reels need not be in explosion-proof enclosures provided that connections are well made, adequately insulated, protected from damage by location, and securely clamped to prevent mechanical strain on the connections. 


</P>
</DIV8>


<DIV8 N="§ 18.50" NODE="30:1.0.1.2.8.2.1.31" TYPE="SECTION">
<HEAD>§ 18.50   Protection against external arcs and sparks.</HEAD>
<P>Provision shall be made for maintaining the frames of all off-track machines and the enclosures of related detached components at safe voltages by using one or a combination of the following: 
</P>
<P>(a) A separate conductor(s) in the portable cable in addition to the power conductors by which the machine frame can be connected to an acceptable grounding medium, and a separate conductor in all cables connecting related components not on a common chassis. The cross-sectional area of the additional conductor(s) shall not be less than 50 percent of that of one power conductor unless a ground-fault tripping relay is used, in which case the minimum size may be No. 8 (AWG). Cables smaller than No. 6 (AWG) shall have an additional conductor(s) of the same size as one power conductor. 
</P>
<P>(b) A means of actuating a circuit-interrupting device, preferably at the outby end of the portable cable. 
</P>
<NOTE>
<HED>Note:</HED>
<P>The frame to ground potential shall not exceed 40 volts.</P></NOTE>
<P>(c) A device(s) such as a diode(s) of adequate peak inverse voltage rating and current-carrying capacity to conduct possible fault current through the grounded power conductor. Diode installations shall include: (1) An overcurrent device in series with the diode, the contacts of which are in the machine's control circuit; and (2) a blocking diode in the control circuit to prevent operation of the machine with the polarity reversed. 


</P>
</DIV8>


<DIV8 N="§ 18.51" NODE="30:1.0.1.2.8.2.1.32" TYPE="SECTION">
<HEAD>§ 18.51   Electrical protection of circuits and equipment.</HEAD>
<P>(a) An automatic circuit-interrupting device(s) shall be used to protect each ungrounded conductor of a branch circuit at the junction with the main circuit when the branch-circuit conductor(s) has a current carrying capacity less than 50 percent of the main circuit conductor(s), unless the protective device(s) in the main circuit will also provide adequate protection for the branch circuit. The setting of each device shall be specified. For headlight and control circuits, each conductor shall be protected by a fuse or equivalent. Any circuit that is entirely contained in an explosion-proof enclosure shall be exempt from these requirements. 
</P>
<P>(b) Each motor shall be protected by an automatic overcurrent device. One protective device will be acceptable when two motors of the same rating operate simultaneously and perform virtually the same duty. 
</P>
<P>(1) If the overcurrent-protective device in a direct-current circuit does not open both lines, particular attention shall be given to marking the polarity at the terminals or otherwise preventing the possibility of reversing connections which would result in changing the circuit interrupter to the grounded line. 
</P>
<P>(2) Three-phase alternating-current motors shall have an overcurrent-protective device in at least two phases such that actuation of a device in one phase will cause the opening of all three phases. 
</P>
<P>(c) Circuit-interrupting devices shall be so designed that they can be reset without opening the compartment in which they are enclosed. 
</P>
<P>(d) All magnetic circuit-interrupting devices shall be mounted in a manner to preclude the possibility of their closing by gravity. 


</P>
</DIV8>


<DIV8 N="§ 18.52" NODE="30:1.0.1.2.8.2.1.33" TYPE="SECTION">
<HEAD>§ 18.52   Renewal of fuses.</HEAD>
<P>Enclosure covers that provide access to fuses, other than headlight, control-circuit, and handheld-tool fuses, shall be interlocked with a circuit-interrupting device. Fuses shall be inserted on the load side of the circuit interrupter. 


</P>
</DIV8>


<DIV8 N="§ 18.53" NODE="30:1.0.1.2.8.2.1.34" TYPE="SECTION">
<HEAD>§ 18.53   High-voltage longwall mining systems.</HEAD>
<P>(a) In each high-voltage motor-starter enclosure, with the exception of a controller on a high-voltage shearer, the disconnect device compartment, control/communications compartment, and motor contactor compartment must be separated by barriers or partitions to prevent exposure of personnel to energized high-voltage conductors or parts. In each motor-starter enclosure on a high-voltage shearer, the high-voltage components must be separated from lower voltage components by barriers or partitions to prevent exposure of personnel to energized high-voltage conductors or parts. Barriers or partitions must be constructed of grounded metal or nonconductive insulating board.
</P>
<P>(b) Each cover of a compartment in the high-voltage motor-starter enclosure containing high-voltage components must be equipped with at least two interlock switches arranged to automatically deenergize the high-voltage components within that compartment when the cover is removed.
</P>
<P>(c) Circuit-interrupting devices must be designed and installed to prevent automatic reclosure.
</P>
<P>(d) Transformers with high-voltage primary windings that supply control voltages must incorporate grounded electrostatic (Faraday) shielding between the primary and secondary windings. The shielding must be connected to equipment ground by a minimum No. 12 AWG grounding conductor. The secondary nominal voltage must not exceed 120 volts, line to line.
</P>
<P>(e) Test circuits must be provided for checking the condition of ground-wire monitors and ground-fault protection without exposing personnel to energized circuits. Each ground-test circuit must inject a primary current of 50 percent or less of the current rating of the grounding resistor through the current transformer and cause each corresponding circuit-interrupting device to open.
</P>
<P>(f) Each motor-starter enclosure, with the exception of a controller on a high-voltage shearer, must be equipped with a disconnect device installed to deenergize all high-voltage power conductors extending from the enclosure when the device is in the “open” position.
</P>
<P>(1) When multiple disconnect devices located in the same enclosure are used to satisfy the above requirement they must be mechanically connected to provide simultaneous operation by one handle.
</P>
<P>(2) The disconnect device must be rated for the maximum phase-to-phase voltage and the full-load current of the circuit in which it is located, and installed so that—
</P>
<P>(i) Visual observation determines that the contacts are open without removing any cover;
</P>
<P>(ii) The load-side power conductors are grounded when the device is in the “open” position;
</P>
<P>(iii) The device can be locked in the “open” position;
</P>
<P>(iv) When located in an explosion-proof enclosure, the device must be designed and installed to cause the current to be interrupted automatically prior to the opening of the contacts; and
</P>
<P>(v) When located in a non-explosion-proof enclosure, the device must be designed and installed to cause the current to be interrupted automatically prior to the opening of the contacts, or the device must be capable of interrupting the full-load current of the circuit.
</P>
<P>(g) Control circuits for the high-voltage motor starters must be interlocked with the disconnect device so that—
</P>
<P>(1) The control circuit can be operated with an auxiliary switch in the “test” position only when the disconnect device is in the open and grounded position; and
</P>
<P>(2) The control circuit can be operated with the auxiliary switch in the “normal” position only when the disconnect switch is in the closed position.
</P>
<P>(h) A study to determine the minimum available fault current must be submitted to MSHA to ensure adequate protection for the length and conductor size of the longwall motor, shearer and trailing cables.
</P>
<P>(i) Longwall motor and shearer cables with nominal voltages greater than 660 volts must be made of a shielded construction with a grounded metallic shield around each power conductor.
</P>
<P>(j) High-voltage motor and shearer circuits must be provided with instantaneous ground-fault protection of not more than 0.125-amperes. Current transformers used for this protection must be of the single-window type and must be installed to encircle all three phase conductors.
</P>
<P>(k) Safeguards against corona must be provided on all 4,160 voltage circuits in explosion-proof enclosures. 
</P>
<P>(l) The maximum pressure rise within an explosion-proof enclosure containing high-voltage switchgear must be limited to 0.83 times the design pressure.
</P>
<P>(m) High-voltage electrical components located in high-voltage explosion-proof enclosures must not be coplanar with a single plane flame-arresting path. 
</P>
<P>(n) Rigid insulation between high-voltage terminals (Phase-to-Phase or Phase-to-Ground) must be designed with creepage distances in accordance with the following table: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Minimum Creepage Distances 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Phase to phase voltage 
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Points of
<br/>measure 
</TH><TH class="gpotbl_colhed" colspan="4" scope="col">Minimum creepage distances (inches) for comparative tracking index (CTI) range 
<sup>1</sup> 
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">CTI≥500 
</TH><TH class="gpotbl_colhed" scope="col">380≤CTI&lt;500 
</TH><TH class="gpotbl_colhed" scope="col">175≤CTI&lt;380 
</TH><TH class="gpotbl_colhed" scope="col">CTI&lt;175 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2,400</TD><TD align="left" class="gpotbl_cell">0-0
<br/>0-G</TD><TD align="right" class="gpotbl_cell">1.50
<br/>1.00</TD><TD align="right" class="gpotbl_cell">1.95
<br/>1.25</TD><TD align="right" class="gpotbl_cell">2.40
<br/>1.55</TD><TD align="right" class="gpotbl_cell">2.90
<br/>1.85 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4,160</TD><TD align="left" class="gpotbl_cell">0-0
<br/>0-G</TD><TD align="right" class="gpotbl_cell">2.40
<br/>1.50</TD><TD align="right" class="gpotbl_cell">3.15
<br/>1.95</TD><TD align="right" class="gpotbl_cell">3.90
<br/>2.40</TD><TD align="right" class="gpotbl_cell">4.65
<br/>2.90 
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Assumes that all insulation is rated for the applied voltage or higher.</P></DIV></DIV>
<P>(o) Explosion-proof motor-starter enclosures must be designed to establish the minimum free distance (MFD) between the wall or cover of the enclosure and uninsulated electrical conductors inside the enclosure in accordance with the following table:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">High-Voltage Minimum Free Distances (MFD) 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Wall/cover thickness (in)
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Steel MFD (in) 
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Aluminum MFD (in) 
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">A 
<sup>1</sup> 
</TH><TH class="gpotbl_colhed" scope="col">B 
<sup>2</sup> 
</TH><TH class="gpotbl_colhed" scope="col">C 
<sup>3</sup> 
</TH><TH class="gpotbl_colhed" scope="col">A 
</TH><TH class="gpotbl_colhed" scope="col">B 
</TH><TH class="gpotbl_colhed" scope="col">C 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>1/4</fr></TD><TD align="right" class="gpotbl_cell">2.8</TD><TD align="right" class="gpotbl_cell">4.3</TD><TD align="right" class="gpotbl_cell">5.8</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> NA</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> NA</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> NA 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>3/8</fr></TD><TD align="right" class="gpotbl_cell">1.8</TD><TD align="right" class="gpotbl_cell">2.3</TD><TD align="right" class="gpotbl_cell">3.9</TD><TD align="right" class="gpotbl_cell">8.6</TD><TD align="right" class="gpotbl_cell">12.8</TD><TD align="right" class="gpotbl_cell">18.1 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>1/2</fr></TD><TD align="right" class="gpotbl_cell">* 1.2</TD><TD align="right" class="gpotbl_cell">2.0</TD><TD align="right" class="gpotbl_cell">2.7</TD><TD align="right" class="gpotbl_cell">6.5</TD><TD align="right" class="gpotbl_cell">9.8</TD><TD align="right" class="gpotbl_cell">13.0 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>5/8</fr></TD><TD align="right" class="gpotbl_cell">* 0.9</TD><TD align="right" class="gpotbl_cell">1.5</TD><TD align="right" class="gpotbl_cell">2.1</TD><TD align="right" class="gpotbl_cell">5.1</TD><TD align="right" class="gpotbl_cell">7.7</TD><TD align="right" class="gpotbl_cell">10.4 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>3/4</fr></TD><TD align="right" class="gpotbl_cell">* 0.6</TD><TD align="right" class="gpotbl_cell">* 1.1</TD><TD align="right" class="gpotbl_cell">1.6</TD><TD align="right" class="gpotbl_cell">4.1</TD><TD align="right" class="gpotbl_cell">6.3</TD><TD align="right" class="gpotbl_cell">8.6 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">(*)</TD><TD align="right" class="gpotbl_cell">* 0.6</TD><TD align="right" class="gpotbl_cell">* 1.0</TD><TD align="right" class="gpotbl_cell">2.9</TD><TD align="right" class="gpotbl_cell">4.5</TD><TD align="right" class="gpotbl_cell">6.2 
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note"><E T="04">Note:</E> * The minimum electrical clearances must still be maintained. 
</P><P class="gpotbl_note">
<sup>1</sup> Column A specifies the MFD for enclosures that have available 3-phase bolted short-circuit currents of 10,000 amperes rms or less. 
</P><P class="gpotbl_note">
<sup>2</sup> Column B specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit currents greater than 10,000 and less than or equal to 15,000 amperes rms. 
</P><P class="gpotbl_note">
<sup>3</sup> Column C specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit currents greater than 15,000 and less than or equal to 20,000 amperes rms. 
</P><P class="gpotbl_note">
<sup>4</sup> Not Applicable—MSHA doesn't allow aluminum wall or covers to be 
<fr>1/4</fr> inch or less in thickness (Section 18.31).</P></DIV></DIV>
<P>(1) For values not included in the table, the following formulas on which the table is based may be used to determine the minimum free distance.
</P>
<P>(i) Steel Wall/Cover: 
</P>
<img src="/graphics/er23no04.000.gif"/>
<P>(ii) Aluminum Wall/Cover: 
</P>
<img src="/graphics/er23no04.001.gif"/>
<EXTRACT>
<FP>Where C is 1.4 for 2,400 volt systems or 3.0 for 4,160 volt systems, I<E T="52">sc</E> is the 3-phase short circuit current in amperes of the system, t is the clearing time in seconds of the outby circuit-interrupting device and d is the thickness in inches of the metal wall/cover adjacent to an area of potential arcing.</FP></EXTRACT>
<P>(2) The minimum free distance must be increased by 1.5 inches for 4,160 volt systems and 0.7 inches for 2,400 volt systems when the adjacent wall area is the top of the enclosure. If a steel shield is mounted in conjunction with an aluminum wall or cover, the thickness of the steel shield is used to determine the minimum free distances. 
</P>
<P>(p) The following static pressure test must be performed on each prototype design of explosion-proof enclosures containing high-voltage switchgear prior to the explosion tests. The static pressure test must also be performed on every explosion-proof enclosure containing high-voltage switchgear, at the time of manufacture, unless the manufacturer uses an MSHA accepted quality assurance procedure covering inspection of the enclosure. Procedures must include a detailed check of parts against the drawings to determine that the parts and the drawings coincide and that the minimum requirements stated in part 18 have been followed with respect to materials, dimensions, configuration and workmanship. 
</P>
<P>(1) <I>Test procedure.</I> (i) The enclosure must be internally pressurized to at least the design pressure, maintaining the pressure for a minimum of 10 seconds. 
</P>
<P>(ii) Following the pressure hold, the pressure must be removed and the pressurizing agent removed from the enclosure. 
</P>
<P>(2) <I>Acceptable performance.</I> (i) The enclosure during pressurization must not exhibit—
</P>
<P>(A) Leakage through welds or casting; or 
</P>
<P>(B) Rupture of any part that affects the explosion-proof integrity of the enclosure. 
</P>
<P>(ii) The enclosure following removal of the pressurizing agents must not exhibit— 
</P>
<P>(A) Visible cracks in welds; 
</P>
<P>(B) Permanent deformation exceeding 0.040 inches per linear foot; or 
</P>
<P>(C) Excessive clearances along flame-arresting paths following retightening of fastenings, as necessary.
</P>
<CITA TYPE="N">[67 FR 10999, Mar. 11, 2002; 69 FR 68078, Nov. 23, 2004; 69 FR 70752, Dec. 7, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 18.54" NODE="30:1.0.1.2.8.2.1.35" TYPE="SECTION">
<HEAD>§ 18.54   High-voltage continuous mining machines.</HEAD>
<P>(a) <I>Separation of high-voltage components from lower voltage components.</I> In each motor-starter enclosure, barriers, partitions, and covers must be provided and arranged so that personnel can test and troubleshoot low- and medium-voltage circuits without being exposed to energized high-voltage circuits. Barriers or partitions must be constructed of grounded metal or nonconductive insulating board.
</P>
<P>(b) <I>Interlock switches.</I> Each removable cover, barrier, or partition of a compartment in the motor-starter enclosure providing direct access to high-voltage components must be equipped with at least two interlock switches arranged to automatically de-energize the high-voltage components within that compartment when the cover, barrier, or partition is removed.
</P>
<P>(c) <I>Circuit-interrupting devices.</I> Circuit-interrupting devices must be designed and installed to prevent automatic re-closure.
</P>
<P>(d) <I>Transformers supplying control voltages.</I> (1) Transformers supplying control voltages must not exceed 120 volts line to line.
</P>
<P>(2) Transformers with high-voltage primary windings that supply control voltages must incorporate a grounded electrostatic (Faraday) shield between the primary and secondary windings. Grounding of the shield must be as follows:
</P>
<P>(i) Transformers with an external grounding terminal must have the shield grounded by a minimum of No. 12 A.W.G. grounding conductor extending from the grounding terminal to the equipment ground.
</P>
<P>(ii) Transformers with no external grounding terminal must have the shield grounded internally through the transformer frame to the equipment ground.
</P>
<P>(e) <I>Onboard ungrounded, three-phase power circuit.</I> A continuous mining machine designed with an onboard ungrounded, three-phase power circuit must:
</P>
<P>(1) Be equipped with a light that will indicate a grounded-phase condition;
</P>
<P>(2) Have the indicator light installed so that it can be observed by the operator from any location where the continuous mining machine is normally operated; and
</P>
<P>(3) Have a test circuit for the grounded-phase indicator light circuit to assure that the circuit is operating properly. The test circuit must be designed so that, when activated, it does not require removal of any electrical enclosure cover or create a double-phase-to-ground fault.
</P>
<P>(f) <I>High-voltage trailing cable(s).</I> High-voltage trailing cable(s) must conform to the ampacity and outer dimensions specified in Table 10 of Appendix I to Subpart D of this part. In addition, the cable must be constructed with:
</P>
<P>(1) 100 percent semi-conductive tape shielding over each insulated power conductor;
</P>
<P>(2) A grounded metallic braid shielding over each insulated power conductor;
</P>
<P>(3) A ground-check conductor not smaller than a No. 10 A.W.G.; or if a center ground-check conductor is used, not smaller than a No. 16 A.W.G. stranded conductor; and
</P>
<P>(4) Either a double-jacketed or single-jacketed cable as follows:
</P>
<P>(i) <I>Double jacket.</I> A double-jacketed cable consisting of reinforced outer and inner protective layers. The inner layer must be a distinctive color from the outer layer. The color black must not be used for either protective layer. The tear strength for each layer must be more than 40 pounds per inch thickness and the tensile strength must be more than 2,400 pounds per square inch.
</P>
<P>(ii) <I>Single jacket.</I> A single-jacketed cable consisting of one protective layer. The tear strength must be more than 100 pounds per inch thickness, and the tensile strength must be more than 4,000 pounds per square inch. The cable jacket must not be black in color.
</P>
<P>(g) <I>Safeguards against corona.</I> Safeguards against corona must be provided on all 4,160-voltage circuits in explosion-proof enclosures.
</P>
<P>(h) <I>Explosion-proof enclosure design.</I> The maximum pressure rise within an explosion-proof enclosure containing high-voltage switchgear must be limited to 0.83 times the design pressure.
</P>
<P>(i) <I>Location of high-voltage electrical components near flame paths.</I> High-voltage electrical components located in high-voltage explosion-proof enclosures must not be coplanar with a single plane flame-arresting path.
</P>
<P>(j) <I>Minimum creepage distances.</I> Rigid insulation between high-voltage terminals (Phase-to-Phase or Phase-to-Ground) must be designed with creepage distances in accordance with the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Phase-to-phase voltage
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Points of
<br/>measure
</TH><TH class="gpotbl_colhed" colspan="4" scope="col">Minimum creepage distances (inches) for comparative tracking index (CTI) range 
<sup>1</sup>
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">CTI ≥500
</TH><TH class="gpotbl_colhed" scope="col">380 ≤CTI &lt;500
</TH><TH class="gpotbl_colhed" scope="col">175 ≤CTI &lt;380
</TH><TH class="gpotbl_colhed" scope="col">CTI &lt;175
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2,400</TD><TD align="right" class="gpotbl_cell">0-0</TD><TD align="right" class="gpotbl_cell">1.50</TD><TD align="right" class="gpotbl_cell">1.95</TD><TD align="right" class="gpotbl_cell">2.40</TD><TD align="right" class="gpotbl_cell">2.90
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell">0-G</TD><TD align="right" class="gpotbl_cell">1.00</TD><TD align="right" class="gpotbl_cell">1.25</TD><TD align="right" class="gpotbl_cell">1.55</TD><TD align="right" class="gpotbl_cell">1.85
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4,160</TD><TD align="right" class="gpotbl_cell">0-0</TD><TD align="right" class="gpotbl_cell">2.40</TD><TD align="right" class="gpotbl_cell">3.15</TD><TD align="right" class="gpotbl_cell">3.90</TD><TD align="right" class="gpotbl_cell">4.65
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell">0-G</TD><TD align="right" class="gpotbl_cell">1.50</TD><TD align="right" class="gpotbl_cell">1.95</TD><TD align="right" class="gpotbl_cell">2.40</TD><TD align="right" class="gpotbl_cell">2.90
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Assumes that all insulation is rated for the applied voltage or higher.</P></DIV></DIV>
<P>(k) <I>Minimum free distances.</I> Motor-starter enclosures must be designed to establish the minimum free distance (MFD) between the wall or cover of the enclosure and uninsulated electrical conductors inside the enclosure in accordance with the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Wall/cover thickness
<br/>(in)
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Steel MFD (in)
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Aluminum MFD (in)
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">A 
<sup>1</sup>
</TH><TH class="gpotbl_colhed" scope="col">B 
<sup>2</sup>
</TH><TH class="gpotbl_colhed" scope="col">C 
<sup>3</sup>
</TH><TH class="gpotbl_colhed" scope="col">A 
<sup>1</sup>
</TH><TH class="gpotbl_colhed" scope="col">B 
<sup>2</sup>
</TH><TH class="gpotbl_colhed" scope="col">C 
<sup>3</sup>
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>1/4</fr></TD><TD align="right" class="gpotbl_cell">2.8</TD><TD align="right" class="gpotbl_cell">4.3</TD><TD align="right" class="gpotbl_cell">5.8</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> NA</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> NA</TD><TD align="right" class="gpotbl_cell">
<sup>4</sup> NA
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>3/8</fr></TD><TD align="right" class="gpotbl_cell">1.8</TD><TD align="right" class="gpotbl_cell">2.3</TD><TD align="right" class="gpotbl_cell">3.9</TD><TD align="right" class="gpotbl_cell">8.6</TD><TD align="right" class="gpotbl_cell">12.8</TD><TD align="right" class="gpotbl_cell">18.1
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>1/2</fr></TD><TD align="right" class="gpotbl_cell">* 1.2</TD><TD align="right" class="gpotbl_cell">2.0</TD><TD align="right" class="gpotbl_cell">2.7</TD><TD align="right" class="gpotbl_cell">6.5</TD><TD align="right" class="gpotbl_cell">9.8</TD><TD align="right" class="gpotbl_cell">13.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>5/8</fr></TD><TD align="right" class="gpotbl_cell">* 0.9</TD><TD align="right" class="gpotbl_cell">1.5</TD><TD align="right" class="gpotbl_cell">2.1</TD><TD align="right" class="gpotbl_cell">5.1</TD><TD align="right" class="gpotbl_cell">7.7</TD><TD align="right" class="gpotbl_cell">10.4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">
<fr>3/4</fr></TD><TD align="right" class="gpotbl_cell">* 0.6</TD><TD align="right" class="gpotbl_cell">* 1.1</TD><TD align="right" class="gpotbl_cell">1.6</TD><TD align="right" class="gpotbl_cell">4.1</TD><TD align="right" class="gpotbl_cell">6.3</TD><TD align="right" class="gpotbl_cell">8.6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">*</TD><TD align="right" class="gpotbl_cell">* 0.6</TD><TD align="right" class="gpotbl_cell">* 1.0</TD><TD align="right" class="gpotbl_cell">2.9</TD><TD align="right" class="gpotbl_cell">4.5</TD><TD align="right" class="gpotbl_cell">6.2
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">* Note: The minimum electrical clearances must still be maintained in accordance with the minimum clearance table of § 18.24.
</P><P class="gpotbl_note">
<sup>1</sup> Column A specifies the MFD for enclosures that have available three-phase, bolted, short-circuit currents of 10,000 amperes root-mean-square (rms) value or less.
</P><P class="gpotbl_note">
<sup>2</sup> Column B specifies the MFD for enclosures that have maximum available three-phase, bolted, short-circuit currents greater than 10,000 and less than or equal to 15,000 amperes rms.
</P><P class="gpotbl_note">
<sup>3</sup> Column C specifies the MFD for enclosures that have maximum available three-phase, bolted, short-circuit currents greater than 15,000 and less than or equal to 20,000 amperes rms.
</P><P class="gpotbl_note">
<sup>4</sup> Not Applicable—MSHA does not allow aluminum wall or covers to be 
<fr>1/4</fr> inch or less in thickness. (See also § 18.31.)</P></DIV></DIV>
<P>(1) For values not included in the table, the following formulas, on which the table is based, may be used to determine the minimum free distance.
</P>
<P>(i) Steel Wall/Cover:
</P>
<MATH BORDER="NODRAW" DEEP="32" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er06ap10.000.gif"/></MATH>
<P>(ii) Aluminum Wall/Cover:
</P>
<MATH BORDER="NODRAW" DEEP="32" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er06ap10.001.gif"/></MATH>
<FP>Where “C” is 1.4 for 2,400 volt systems or 3.0 for 4,160 volt systems; “I<E T="52">sc</E>” is the three-phase, short-circuit current in amperes of the system; “t” is the clearing time in seconds of the outby circuit-interrupting device; and “d” is the thickness in inches of the metal wall/cover adjacent to an area of potential arcing.
</FP>
<P>(2) The minimum free distance must be increased by 1.5 inches for 4,160 volt systems and 0.7 inches for 2,400 volt systems when the adjacent wall area is the top of the enclosure. If a steel shield is mounted in conjunction with an aluminum wall or cover, the thickness of the steel shield is used to determine the minimum free distances.
</P>
<P>(l) <I>Static pressure testing of explosion-proof enclosures containing high-voltage switchgear</I>—(1) <I>Prototype enclosures.</I> The following static pressure test must be performed on each prototype design of an explosion-proof enclosure containing high-voltage switchgear prior to the explosion tests.
</P>
<P>(i) <I>Test procedure.</I> (A) The enclosure must be internally pressurized to at least the design pressure, maintaining the pressure for a minimum of 10 seconds.
</P>
<P>(B) Following the pressure hold, the pressure must be removed and the pressurizing agent removed from the enclosure.
</P>
<P>(ii) <I>Acceptable performance.</I> (A) During pressurization, the enclosure must not exhibit:
</P>
<P>(<I>1</I>) Leakage through welds or casting; or
</P>
<P>(<I>2</I>) Rupture of any part that affects the explosion-proof integrity of the enclosure.
</P>
<P>(B) Following removal of the pressurizing agents, the enclosure must not exhibit:
</P>
<P>(<I>1</I>) Cracks in welds visible to the naked eye;
</P>
<P>(<I>2</I>) Permanent deformation exceeding 0.040 inches per linear foot; or
</P>
<P>(<I>3</I>) Excessive clearances along flame-arresting paths following retightening of fastenings, as necessary.
</P>
<P>(2) <I>Enclosures for production.</I> Every explosion-proof enclosure containing high-voltage switchgear manufactured after the prototype was tested must undergo one of the following tests or procedures:
</P>
<P>(i) The static pressure test specified in paragraph (l)(1)(i) of this section; or
</P>
<P>(ii) An MSHA-accepted quality assurance procedure covering inspection of the enclosure.
</P>
<P>(A) The quality assurance procedure must include a detailed check of parts against the drawings to determine that—
</P>
<P>(<I>1</I>) The parts and the drawings coincide; and
</P>
<P>(<I>2</I>) The requirements stated in part 18 have been followed with respect to materials, dimensions, configuration and workmanship.
</P>
<P>(B) [Reserved]
</P>
<CITA TYPE="N">[75 FR 17547, Apr. 6, 2010]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.2.8.3" TYPE="SUBPART">
<HEAD>Subpart C—Inspections and Tests</HEAD>


<DIV8 N="§ 18.60" NODE="30:1.0.1.2.8.3.1.1" TYPE="SECTION">
<HEAD>§ 18.60   Detailed inspection of components.</HEAD>
<P>An inspection of each electrical component shall include the following: 
</P>
<P>(a) A detailed check of parts against the drawings submitted by the applicant to determine that: (1) The parts and drawings coincide; and (2) the minimum requirements stated in this part have been met with respect to materials, dimensions, configuration, workmanship, and adequacy of drawings and specifications. 
</P>
<P>(b) Exact measurement of joints, journal bearings, and other flame-arresting paths. 
</P>
<P>(c) Examination for unnecessary through holes. 
</P>
<P>(d) Examination for adequacy of lead-entrance design and construction. 
</P>
<P>(e) Examination for adequacy of electrical insulation and clearances between live parts and between live parts and the enclosure. 
</P>
<P>(f) Examination for weaknesses in welds and flaws in castings. 
</P>
<P>(g) Examination for distortion of enclosures before tests. 
</P>
<P>(h) Examination for adequacy of fastenings, including size, spacing, security, and possibility of bottoming. 


</P>
</DIV8>


<DIV8 N="§ 18.61" NODE="30:1.0.1.2.8.3.1.2" TYPE="SECTION">
<HEAD>§ 18.61   Final inspection of complete machine.</HEAD>
<P>(a) A completely assembled new machine or a substantially modified design of a previously approved one shall be inspected by a qualified representative(s) of MSHA. When such inspection discloses any unsafe condition or any feature not in strict conformance with the requirements of this part it shall be corrected before an approval of the machine will be issued. A final inspection will be conducted at the site of manufacture, rebuilding, or other locations at the option of MSHA. 
</P>
<P>(b) Complete machines shall be inspected for: 
</P>
<P>(1) Compliance with the requirements of this part with respect to joints, lead entrances, and other pertinent features. 
</P>
<P>(2) Wiring between components, adequacy of mechanical protection for cables, adequacy of clamping of cables, positioning of cables, particularly with respect to proximity to hydraulic components. 
</P>
<P>(3) Adequacy of protection against damage to headlights, push buttons, and any other vulnerable component. 
</P>
<P>(4) Settings of overload- and short-circuit protective devices. 
</P>
<P>(5) Adequacy of means for connecting and protecting portable cable. 


</P>
</DIV8>


<DIV8 N="§ 18.62" NODE="30:1.0.1.2.8.3.1.3" TYPE="SECTION">
<HEAD>§ 18.62   Tests to determine explosion-proof characteristics.</HEAD>
<P>(a) In testing for explosion-proof characteristics of an enclosure, it shall be filled and surrounded with various explosive mixtures of natural gas and air. The explosive mixture within the enclosure will be ignited electrically and the explosion pressure developed therefrom recorded. The point of ignition within the enclosure will be varied. Motor armatures and/or rotors will be stationary in some tests and revolving in others. Coal dust having a minimum of 22 percent dry volatile matter and a minimum heat constant of 11,000 moist BTU (coal containing natural bed moisture but not visible surface water) ground to a fineness of minus 200 mesh U.S. Standard sieve series. At MSHA's discretion dummies may be substituted for internal electrical components during some of the tests. Not less than 16 explosion tests shall be conducted; however, the nature of the enclosure and the results obtained during the tests will determine whether additional tests shall be made. 
</P>
<P>(b) Explosion tests of an enclosure shall not result in: 
</P>
<P>(1) Discharge of flame. 
</P>
<P>(2) Ignition of an explosive mixture surrounding the enclosure. 
</P>
<P>(3) Development of afterburning. 
</P>
<P>(4) Rupture of any part of the enclosure or any panel or divider within the enclosure. 
</P>
<P>(5) Permanent distortion of the enclosure exceeding 0.040 inch per linear foot. 
</P>
<P>(c) When a pressure exceeding 125 pounds per square inch (gage) is developed during explosion tests, MSHA reserves the right to reject an enclosure(s) unless (1) constructional changes are made that result in a reduction of pressure to 125 pounds per square inch (gage) or less, or (2) the enclosure withstands a dynamic pressure of twice the highest value recorded in the initial test. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61210, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.63" NODE="30:1.0.1.2.8.3.1.4" TYPE="SECTION">
<HEAD>§ 18.63   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 18.65" NODE="30:1.0.1.2.8.3.1.5" TYPE="SECTION">
<HEAD>§ 18.65   Flame test of hose.</HEAD>
<P>(a) <I>Size of test specimen.</I> (1) [Reserved]
</P>
<P>(2) Hose—four specimens each 6 inches long by 
<FR>1/2</FR>-inch wide by thickness of the hose. 
</P>
<P>(b) <I>Flame-test apparatus.</I> The principal parts of the apparatus within and/or appended to a 21-inch cubical test gallery are: 
</P>
<P>(1) A support stand with a ring clamp and wire gauze. 
</P>
<P>(2) A Pittsburgh-Universal Bunsen-type burner (inside diameter of burner tube 11 mm.), or equivalent, mounted in a burner placement guide in such a manner that the burner may be placed beneath the test specimen, or pulled away from it by an external knob on the front panel of the test gallery. 
</P>
<P>(3) A variable-speed electric fan and an ASME flow nozzle (16-8
<FR>1/2</FR> inches reduction) to attain constant air velocities at any speed between 50-500 feet a minute. 
</P>
<P>(4) An electric timer or stopwatch to measure the duration of the tests. 
</P>
<P>(5) A mirror mounted inside the test gallery to permit a rear view of the test specimen through the viewing door. 
</P>
<P>(c) <I>Mounting of test specimen.</I> The specimen shall be clamped in a support with its free end centered 1 inch above the burner top. The longitudinal axis shall be horizontal and the transverse axis inclined at 45° to the horizontal. Under the test specimen shall be clamped a piece of 20-mesh iron-wire gauze, 5 inches square, in a horizontal position 
<FR>1/4</FR>-inch below the pulley cover edge of the specimen and with about 
<FR>1/2</FR>-inch of the specimen extending beyond the edge of the gauze. 
</P>
<P>(d) <I>Procedure for flame tests.</I> (1) The Bunsen burner, retracted from the test position, shall be adjusted to give a blue flame 3 inches in height with natural gas. 
</P>
<P>(2) The observation door of the gallery shall be closed for the entire test. 
</P>
<P>(3) The burner flame shall be applied to the free end of the specimen for 1 minute in still air. 
</P>
<P>(4) At the end of 1 minute the burner flame shall be removed, the ventilating fan turned on to give an air current having a velocity of 300 feet per minute, and the duration of flame measured. 
</P>
<P>(5) After the test specimen ceases to flame, it shall remain in the air current for at least 3 minutes to determine the presence and duration of afterglow. If a glowing specimen exhibits flame within 3 minutes the duration of flame shall be added to the duration of flame obtained according to paragraph (d) (4) of this section. 
</P>
<P>(e) <I>Test requirements.</I> The tests of the four specimens cut from any sample shall not result in either duration of flame exceeding an average of 1 minute after removal of the applied flame or afterglow exceeding an average of 3 minutes duration. 
</P>
<P>(f) <I>Acceptance markings.</I> (1) [Reserved]
</P>
<P>(2) Hose—hose conduit accepted by MSHA as flame-resistant shall be marked as follows: Impressed letters, raised letters on depressed background, or printed letters with the words “Flame-Resistant, USMSHA No. ____” at intervals not exceeding 3 feet. This number will be assigned to the manufacturer after the sample has passed the tests. The letters and numbers shall be at least 
<FR>1/4</FR>-inch high. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 73 FR 80612, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 18.66" NODE="30:1.0.1.2.8.3.1.6" TYPE="SECTION">
<HEAD>§ 18.66   Tests of windows and lenses.</HEAD>
<P>(a) <I>Impact tests.</I> A 4-pound cylindrical weight with a 1-inch-diameter hemispherical striking surface shall be dropped (free fall) to strike the window or lens in its mounting, or the equivalent thereof, at or near the center. Three of four samples shall withstand without breakage the impact according to the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Lens diameter, (D), inches
</TH><TH class="gpotbl_colhed" scope="col">Height of fall, inches
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">D&lt;4</TD><TD align="right" class="gpotbl_cell">6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4≤D&lt;5</TD><TD align="right" class="gpotbl_cell">9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5≤D&lt;6</TD><TD align="right" class="gpotbl_cell">15
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6≤D</TD><TD align="right" class="gpotbl_cell">24</TD></TR></TABLE></DIV></DIV>
<FP>Windows or lenses of smaller diameter than 1 inch may be tested by alternate methods at the discretion of MSHA. 
</FP>
<P>(b) <I>Thermal-shock tests.</I> Four samples of the window or lens will be heated in an oven for 15 minutes to a temperature of 150 °C. (302 °F.) and immediately upon withdrawal of the samples from the oven they will be immersed in water having a temperature between 15 °C. (59 °F) and 20 °C. (68 °F.). Three of the four samples shall show no defect or breakage from this thermal-shock test. 


</P>
</DIV8>


<DIV8 N="§ 18.67" NODE="30:1.0.1.2.8.3.1.7" TYPE="SECTION">
<HEAD>§ 18.67   Static-pressure tests.</HEAD>
<P>Static-pressure tests shall be conducted by the applicant on each enclosure of a specific design when MSHA determines that visual inspection will not reveal defects in castings or in single-seam welds. Such test procedure shall be submitted to MSHA for approval and the specifications on file with MSHA shall include a statement assuring that such tests will be conducted. The static pressure to be applied shall be 150 pounds per square inch (gage) or one and one-half times the maximum pressure recorded in MSHA's explosion tests, whichever is greater. 


</P>
</DIV8>


<DIV8 N="§ 18.68" NODE="30:1.0.1.2.8.3.1.8" TYPE="SECTION">
<HEAD>§ 18.68   Tests for intrinsic safety.</HEAD>
<P>(a) General: 
</P>
<P>(1) Tests for intrinsic safety will be conducted under the general concepts of “intrinsically safe” as defined in Subpart A of this part. Further tests or requirements may be added at any time if features of construction or use or both indicate them to be necessary. Some tests included in these requirements may be omitted on the basis of previous experience. 
</P>
<P>(2) Intrinsically safe circuits and/or components will be subjected to tests consisting of making and breaking the intrinsically safe circuit under conditions judged to simulate the most hazardous probable faults or malfunctions. Tests will be made in the most easily ignitable mixture of methane or natural gas and air. The method of making and breaking the circuit may be varied to meet a particular condition. 
</P>
<P>(3) Those components which affect intrinsic safety must meet the following requirements: 
</P>
<P>(i) Current limiting components shall consist of two equivalent devices each of which singly will provide intrinsic safety. They shall not be operated at more than 50 percent of their ratings. 
</P>
<P>(ii) Components of reliable construction shall be used and they shall be so mounted as to provide protection against shock and vibration in normal use. 
</P>
<P>(iii) Semiconductors shall be amply sized. Rectifiers and transistors shall be operated at not more than two-thirds of their rated current and permissible peak inverse voltage. Zener diodes shall be operated at not more than one-half of their rated current and shall short under abnormal conditions. 
</P>
<P>(iv) Electrolytic capacitors shall be operated at not more than two-thirds of their rated voltage. They shall be designed to withstand a test voltage of 1,500 volts. 
</P>
<P>(4) Intrinsically safe circuits shall be so designed that after failure of a single component, and subsequent failures resulting from this first failure, the circuit will remain intrinsically safe. 
</P>
<P>(5) The circuit will be considered as intrinsically safe if in the course of testing no ignitions occur. 
</P>
<P>(b) Complete intrinsically safe equipment powered by low energy batteries: 
</P>
<P>(1) Short-circuit tests shall be conducted on batteries at normal operating temperature. Tests may be made on batteries at elevated temperature if such tests are deemed necessary. 
</P>
<P>(2) Resistance devices for limiting short-circuit current shall be an integral part of the battery, or installed as close to the battery terminal as practicable. 
</P>
<P>(3) Transistors of battery-operated equipment may be subjected to thermal “run-away” tests to determine that they will not ignite an explosive atmosphere. 
</P>
<P>(4) A minimum of 1,000 make-break sparks will be produced in each test for direct current circuits with consideration given to reversed polarity. 
</P>
<P>(5) Tests on batteries shall include series and/or parallel combinations of twice the normal battery complement, and the effect of capacitance and inductance, added to that normally present in the circuit. 
</P>
<P>(6) No ignition shall occur when approximately 
<FR>1/2</FR>-inch of a single wire strand representative of the wire used in the equipment or device is shorted across the intrinsically safe circuit. 
</P>
<P>(7) Consideration shall be given to insure against accidental reversal of polarity. 
</P>
<P>(c) Line-powered equipment and devices: 
</P>
<P>(1) Line-powered equipment shall meet all applicable provisions specified for battery-powered equipment. 
</P>
<P>(2) Nonintrinsically safe components supplying power for intrinsically safe circuits shall be housed in explosion-proof enclosures and be provided with energy limiting components in the enclosure. 
</P>
<P>(3) Wiring for nonintrinsically safe circuits shall not be intermingled with wiring for intrinsically safe circuits. 
</P>
<P>(4) Transformers that supply power for intrinsically safe circuits shall have the primary and secondary windings physically separated. They shall be designed to withstand a test voltage of 1,500 volts when rated 125 volts or less and 2,500 volts when rated more than 125 volts. 
</P>
<P>(5) The line voltage shall be increased to 120 percent of nominal rated voltage to cover power line voltage variations. 
</P>
<P>(6) In investigations of alternating current circuits a minimum of 5,000 make-break sparks will be produced in each test. 
</P>
<P>(d) The design of intrinsically safe circuits shall preclude extraneous voltages caused by insufficient isolation or inductive coupling. The investigation shall determine the effect of ground faults where applicable. 
</P>
<P>(e) Identification markings: Circuits and components of intrinsically safe equipment and devices shall be adequately identified by marking or labeling. Battery-powered equipment shall be marked to indicate the manufacturer, type designation, ratings, and size of batteries used. 


</P>
</DIV8>


<DIV8 N="§ 18.69" NODE="30:1.0.1.2.8.3.1.9" TYPE="SECTION">
<HEAD>§ 18.69   Adequacy tests.</HEAD>
<P>MSHA reserves the right to conduct appropriate test(s) to verify the adequacy of equipment for its intended service. 


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.2.8.4" TYPE="SUBPART">
<HEAD>Subpart D—Machines Assembled With Certified or Explosion-Proof Components, Field Modifications of Approved Machines, and Permits To Use Experimental Equipment</HEAD>


<DIV8 N="§ 18.80" NODE="30:1.0.1.2.8.4.1.1" TYPE="SECTION">
<HEAD>§ 18.80   Approval of machines assembled with certified or explosion-proof components.</HEAD>
<P>(a) A machine may be a new assembly, or a machine rebuilt to perform a service that is different from the original function, or a machine converted from nonpermissible to permissible status, or a machine converted from direct- to alternating-current power or vice versa. Properly identified components that have been investigated and accepted for application on approved machines will be accepted in lieu of certified components. 
</P>
<P>(b) A single layout drawing (see Figure 1 in Appendix II) or photographs will be acceptable to identify a machine that was assembled with certified or explosion-proof components. The following information shall be furnished: 
</P>
<P>(1) Overall dimensions. 
</P>
<P>(2) Wiring diagram. 
</P>
<P>(3) List of all components (see Figure 2 in Appendix II) identifying each according to its certification number or the approval number of the machine of which the component was a part. 
</P>
<P>(4) Specifications for: 
</P>
<P>(i) Overcurrent protection of motors. 
</P>
<P>(ii) All wiring between components, including mechanical protection such as hose conduits and clamps. 
</P>
<P>(iii) Portable cable, including the type, length, outside diameter, and number and size of conductors. 
</P>
<P>(iv) Insulated strain clamp for machine end of portable cable. 
</P>
<P>(v) Short-circuit protection to be provided at outby end of portable cable. 
</P>
<P>(c) MSHA reserves the right to inspect and to retest any component(s) that had been in previous service, as it deems appropriate. 
</P>
<P>(d) When MSHA has determined that all applicable requirements of this part have been met, the applicant will be authorized to attach an approval plate to each machine that is built in strict accordance with the drawings and specifications filed with MSHA and listed with MSHA's formal approval. A design of the approval plate will accompany the notification of approval. (Refer to §§ 18.10 and 18.11.) 
</P>
<P>(e) Approvals are issued only by the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 73 FR 52211, Sept. 9, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 18.81" NODE="30:1.0.1.2.8.4.1.2" TYPE="SECTION">
<HEAD>§ 18.81   Field modification of approved (permissible) equipment; application for approval of modification; approval of plans for modification before modification.</HEAD>
<P>(a) An owner of approved (permissible) equipment who desires to make modifications in such equipment shall apply in writing to make such modifications. The application, together with the plans of modifications, shall be filed with the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<P>(b) Proposed modifications shall conform with the applicable requirements of subpart B of this part, and shall not substantially alter the basic functional design that was originally approved for the equipment. 
</P>
<P>(c) Upon receipt of the application for modification, and after such examination and investigation as may be deemed necessary by MSHA, MSHA will notify the owner and the District office of the mine workers' organization having jurisdiction at the mine where such equipment is to be operated stating the modifications which are proposed to be made and MSHA's action thereon. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 60 FR 35693, July 11, 1995; 73 FR 52211, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 18.82" NODE="30:1.0.1.2.8.4.1.3" TYPE="SECTION">
<HEAD>§ 18.82   Permit to use experimental electric face equipment in a gassy mine or tunnel.</HEAD>
<P>(a) <I>Application for permit.</I> An application for a permit to use experimental electric face equipment in a gassy mine or tunnel will be considered only when submitted by the user of the equipment. The user shall submit a written application to the Assistant Secretary of Labor for Mine Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210, and send a copy to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<P>(b) <I>Requirements</I>—(1) <I>Constructional.</I> (i) Experimental equipment shall be so constructed that it will not constitute a fire or explosion hazard. 
</P>
<P>(ii) Enclosures designed as explosion-proof, unless already certified, or components of previously approved (permissible) machines, shall be submitted to MSHA for inspection and test and shall meet the applicable design requirements of subpart B of this part. Components designed as intrinsically safe also shall be submitted to MSHA for investigation. 
</P>
<P>(iii) MSHA may, at its discretion, waive the requirements for detailed drawings of component parts, inspections, and tests provided satisfactory evidence is submitted that an enclosure has been certified, or otherwise accepted by a reputable testing agency whose standards are substantially equivalent to those set forth in subpart B of this part. 
</P>
<P>(2) <I>Specifications.</I> The specifications for experimental equipment shall include a layout drawing (see Figure 1 in Appendix II) or photograph(s) with the components, including overcurrent-protective device(s) with setting(s) identified thereon or separately; a wiring diagram; and descriptive material necessary to insure safe operation of the equipment. Drawings already filed with MSHA need not be duplicated by the applicant, but shall be properly identified. 
</P>
<P>(c) <I>Final inspection.</I> Unless equipment is delivered to MSHA for investigation, the applicant shall notify the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, when and where the experimental equipment will be ready for inspection by a representative of MSHA before installing it on a trial basis. Such inspection shall be completed before a permit will be issued.
</P>
<P>(d) <I>Issuance of permit.</I> When the inspection discloses full compliance with the applicable requirements of this subpart, the Assistant Secretary will issue a permit sanctioning the operation of a single unit in a gassy mine or tunnel, as designated in the application. If the applicant is not the assembler of the equipment, a copy of the permit also may be sent to the assembler. 
</P>
<P>(e) <I>Duration of permit.</I> A permit will be effective for a period of 6 months. For a valid reason, to be stated in a written application, the Administrator of MSHA may grant an extension of a permit for an additional period, not exceeding 6 months. Further extension will be granted only where, after investigation, the Assistant Secretary finds that for reasons beyond the control of the user, it has not been possible to complete the experiment within the period covered by the extended permit. 
</P>
<P>(f) <I>Permit label.</I> With the notification granting a permit, the applicant will receive a photographic copy of a permit label bearing the following: 
</P>
<P>(1) Emblem of the Mine Safety and Health Administration. 
</P>
<P>(2) Permit number. 
</P>
<P>(3) Expiration date of the permit. 
</P>
<P>(4) Name of machine. 
</P>
<P>(5) Name of the user and mine or tunnel. 
</P>
<FP>The applicant shall attach the photographic copy of the permit label, or replica thereof, to the experimental equipment. If a photograph is used, a clear plastic covering shall be provided for it. 
</FP>
<P>(g) <I>Withdrawal of permit.</I> The Assistant Secretary may rescind, for cause, any permit granted under this subpart. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35693, July 11, 1995; 67 FR 38384, June 4, 2002; 73 FR 52211, Sept. 9, 2008; 80 FR 52985, Sept. 2, 2015; 91 FR 9447, Feb. 26, 2026]





</CITA>
</DIV8>


<DIV9 N="Appendix I" NODE="30:1.0.1.2.8.4.1.4.2" TYPE="APPENDIX">
<HEAD>Appendix I to Subpart D of Part 18

</HEAD>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_description">LIST OF TABLES
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Table No.
</TH><TH class="gpotbl_colhed" scope="col">Title
</TH></TR><TR><TD align="right" class="gpotbl_cell" scope="row">1</TD><TD align="left" class="gpotbl_cell">Portable power cable ampacities—600 volts. 
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">2</TD><TD align="left" class="gpotbl_cell">Portable cord ampacities—600 volts. 
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">3</TD><TD align="left" class="gpotbl_cell">Portable power cable ampacities—601 to 5,000 volts. 
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">4</TD><TD align="left" class="gpotbl_cell">Normal diameter of round cables with tolerances in inches—600 volts. 
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">5</TD><TD align="left" class="gpotbl_cell">Nominal dimension of flat cables with tolerances in inches—600 volts. 
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">6</TD><TD align="left" class="gpotbl_cell">Nominal diameter of heavy jacketed cords with tolerances in inches—600 volts. 
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">7</TD><TD align="left" class="gpotbl_cell">Nominal diameter of three-conductor portable power cables with tolerances in inches—601 to 5,000 volts. 
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">8</TD><TD align="left" class="gpotbl_cell">Fuse ratings or instantaneous settings of circuit breakers for short-circuit protection of portable cables. 
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">9</TD><TD align="left" class="gpotbl_cell">Specifications for portable cables longer than 500 feet.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">10</TD><TD align="left" class="gpotbl_cell">High voltage trailing cable ampacities and outside diameters.</TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1—Portable Power Cable Ampacities—600 Volts (Amperes Per Conductor Based on 60 °C. Copper Temperature—40 °C. Ambient)
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Conductor size—AWG or MCM
</TH><TH class="gpotbl_colhed" scope="col">Single conductor
</TH><TH class="gpotbl_colhed" scope="col">2-conductor, round or flat
</TH><TH class="gpotbl_colhed" scope="col">3-conductor, round or flat
</TH><TH class="gpotbl_colhed" scope="col">4-conductor
</TH><TH class="gpotbl_colhed" scope="col">5-conductor
</TH><TH class="gpotbl_colhed" scope="col">6-conductor
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8</TD><TD align="right" class="gpotbl_cell">45</TD><TD align="right" class="gpotbl_cell">40</TD><TD align="right" class="gpotbl_cell">35</TD><TD align="right" class="gpotbl_cell">30</TD><TD align="right" class="gpotbl_cell">25</TD><TD align="right" class="gpotbl_cell">20
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">60</TD><TD align="right" class="gpotbl_cell">50</TD><TD align="right" class="gpotbl_cell">50</TD><TD align="right" class="gpotbl_cell">40</TD><TD align="right" class="gpotbl_cell">35</TD><TD align="right" class="gpotbl_cell">30
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">85</TD><TD align="right" class="gpotbl_cell">70</TD><TD align="right" class="gpotbl_cell">65</TD><TD align="right" class="gpotbl_cell">55</TD><TD align="right" class="gpotbl_cell">45</TD><TD align="right" class="gpotbl_cell">35
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">95</TD><TD align="right" class="gpotbl_cell">80</TD><TD align="right" class="gpotbl_cell">75</TD><TD align="right" class="gpotbl_cell">65</TD><TD align="right" class="gpotbl_cell">55</TD><TD align="right" class="gpotbl_cell">45
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">110</TD><TD align="right" class="gpotbl_cell">95</TD><TD align="right" class="gpotbl_cell">90</TD><TD align="right" class="gpotbl_cell">75</TD><TD align="right" class="gpotbl_cell">65</TD><TD align="right" class="gpotbl_cell">55
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">130</TD><TD align="right" class="gpotbl_cell">110</TD><TD align="right" class="gpotbl_cell">100</TD><TD align="right" class="gpotbl_cell">85</TD><TD align="right" class="gpotbl_cell">75</TD><TD align="right" class="gpotbl_cell">65
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">150</TD><TD align="right" class="gpotbl_cell">130</TD><TD align="right" class="gpotbl_cell">120</TD><TD align="right" class="gpotbl_cell">100</TD><TD align="right" class="gpotbl_cell">90</TD><TD align="right" class="gpotbl_cell">80
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">175</TD><TD align="right" class="gpotbl_cell">150</TD><TD align="right" class="gpotbl_cell">135</TD><TD align="right" class="gpotbl_cell">115</TD><TD align="right" class="gpotbl_cell">105</TD><TD align="right" class="gpotbl_cell">95
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">205</TD><TD align="right" class="gpotbl_cell">175</TD><TD align="right" class="gpotbl_cell">155</TD><TD align="right" class="gpotbl_cell">130</TD><TD align="right" class="gpotbl_cell">120</TD><TD align="right" class="gpotbl_cell">110
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">235</TD><TD align="right" class="gpotbl_cell">200</TD><TD align="right" class="gpotbl_cell">180</TD><TD align="right" class="gpotbl_cell">150</TD><TD align="right" class="gpotbl_cell">140</TD><TD align="right" class="gpotbl_cell">130
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">275</TD><TD align="right" class="gpotbl_cell">220</TD><TD align="right" class="gpotbl_cell">200</TD><TD align="right" class="gpotbl_cell">160</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">305</TD><TD align="right" class="gpotbl_cell">240</TD><TD align="right" class="gpotbl_cell">220</TD><TD align="right" class="gpotbl_cell">175</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">345</TD><TD align="right" class="gpotbl_cell">240</TD><TD align="right" class="gpotbl_cell">235</TD><TD align="right" class="gpotbl_cell">190</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400</TD><TD align="right" class="gpotbl_cell">375</TD><TD align="right" class="gpotbl_cell">280</TD><TD align="right" class="gpotbl_cell">250</TD><TD align="right" class="gpotbl_cell">200</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">450</TD><TD align="right" class="gpotbl_cell">400</TD><TD align="right" class="gpotbl_cell">300</TD><TD align="right" class="gpotbl_cell">270</TD><TD align="right" class="gpotbl_cell">215</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">500</TD><TD align="right" class="gpotbl_cell">425</TD><TD align="right" class="gpotbl_cell">320</TD><TD align="right" class="gpotbl_cell">290</TD><TD align="right" class="gpotbl_cell">230</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 2—Portable Cord Ampacities—600 Volts (Amperes Per Conductor Based on 60 °C. Copper Temperature—40 °C. Ambient)
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Conductor size—AWG
</TH><TH class="gpotbl_colhed" scope="col">1-3 conductor
</TH><TH class="gpotbl_colhed" scope="col">4-6 conductor
</TH><TH class="gpotbl_colhed" scope="col">7-9 conductor
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">14</TD><TD align="right" class="gpotbl_cell">15</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12</TD><TD align="right" class="gpotbl_cell">20</TD><TD align="right" class="gpotbl_cell">16</TD><TD align="right" class="gpotbl_cell">11
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10</TD><TD align="right" class="gpotbl_cell">25</TD><TD align="right" class="gpotbl_cell">20</TD><TD align="right" class="gpotbl_cell">14</TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 3—Portable Power Cable Ampacities—601 to 5,000 Volts (Amperes Per Conductor Based on 75 °C. Copper Temperature—40 °C. Ambient)
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Conductor size—AWG or MCM
</TH><TH class="gpotbl_colhed" scope="col">3-conductor types G-GC and SIIC-GC 2,000 volts
</TH><TH class="gpotbl_colhed" scope="col">3-conductor type SHD-GC 2,001-5,000 volts
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">65</TD><TD align="right" class="gpotbl_cell">65
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">85</TD><TD align="right" class="gpotbl_cell">85
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">100</TD><TD align="right" class="gpotbl_cell">100
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">115</TD><TD align="right" class="gpotbl_cell">115
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">130</TD><TD align="right" class="gpotbl_cell">130
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">145</TD><TD align="right" class="gpotbl_cell">145
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">170</TD><TD align="right" class="gpotbl_cell">170
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">195</TD><TD align="right" class="gpotbl_cell">195
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">220</TD><TD align="right" class="gpotbl_cell">220
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">245</TD><TD align="right" class="gpotbl_cell">245
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">275</TD><TD align="right" class="gpotbl_cell">275
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">305</TD><TD align="right" class="gpotbl_cell">305</TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 4—Nominal Diameters of Round Cables With Tolerances in Inches—600 Volts
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Conductor size—AWG or MCM
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Single conductor
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">2-conductor
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">3-conductor
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">4-conductor—Types W &amp; G
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">5-conductor—Types W &amp; G
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">6-conductor
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Types W &amp; G twisted
</TH><TH class="gpotbl_colhed" scope="col">Type PG, 2 power
</TH><TH class="gpotbl_colhed" scope="col">Type PCG, 3 power, ground
</TH><TH class="gpotbl_colhed" scope="col">Types W &amp; G
</TH><TH class="gpotbl_colhed" scope="col">Type PG, 3 power, ground
</TH><TH class="gpotbl_colhed" scope="col">Type PCG, 3 power, 2 control, ground
</TH><TH class="gpotbl_colhed" scope="col">Type w
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8</TD><TD align="right" class="gpotbl_cell">0.44</TD><TD align="right" class="gpotbl_cell">0.81</TD><TD align="right" class="gpotbl_cell">0.84</TD><TD align="right" class="gpotbl_cell">0.94</TD><TD align="right" class="gpotbl_cell">0.91</TD><TD align="right" class="gpotbl_cell">0.93</TD><TD align="right" class="gpotbl_cell">1.03</TD><TD align="right" class="gpotbl_cell">0.99</TD><TD align="right" class="gpotbl_cell">1.07</TD><TD align="right" class="gpotbl_cell">1.18</TD><TD align="right" class="gpotbl_cell">±0.03
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">.51</TD><TD align="right" class="gpotbl_cell">.93</TD><TD align="right" class="gpotbl_cell">.93</TD><TD align="right" class="gpotbl_cell">.98</TD><TD align="right" class="gpotbl_cell">1.01</TD><TD align="right" class="gpotbl_cell">1.03</TD><TD align="right" class="gpotbl_cell">1.18</TD><TD align="right" class="gpotbl_cell">1.10</TD><TD align="right" class="gpotbl_cell">1.21</TD><TD align="right" class="gpotbl_cell">1.31</TD><TD align="right" class="gpotbl_cell">±.03
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">.57</TD><TD align="right" class="gpotbl_cell">1.08</TD><TD align="right" class="gpotbl_cell">1.08</TD><TD align="right" class="gpotbl_cell">1.10</TD><TD align="right" class="gpotbl_cell">1.17</TD><TD align="right" class="gpotbl_cell">1.20</TD><TD align="right" class="gpotbl_cell">1.29</TD><TD align="right" class="gpotbl_cell">1.27</TD><TD align="right" class="gpotbl_cell">1.40</TD><TD align="right" class="gpotbl_cell">1.52</TD><TD align="right" class="gpotbl_cell">±.03
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">.63</TD><TD align="right" class="gpotbl_cell">1.17</TD><TD align="right" class="gpotbl_cell">1.17</TD><TD align="right" class="gpotbl_cell">1.20</TD><TD align="right" class="gpotbl_cell">1.24</TD><TD align="right" class="gpotbl_cell">1.27</TD><TD align="right" class="gpotbl_cell">1.31</TD><TD align="right" class="gpotbl_cell">1.34</TD><TD align="right" class="gpotbl_cell">1.48</TD><TD align="right" class="gpotbl_cell">1.61</TD><TD align="right" class="gpotbl_cell">±.03
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">.66</TD><TD align="right" class="gpotbl_cell">1.27</TD><TD align="right" class="gpotbl_cell">1.27</TD><TD align="right" class="gpotbl_cell">1.29</TD><TD align="right" class="gpotbl_cell">1.34</TD><TD align="right" class="gpotbl_cell">1.34</TD><TD align="right" class="gpotbl_cell">1.39</TD><TD align="right" class="gpotbl_cell">1.48</TD><TD align="right" class="gpotbl_cell">1.61</TD><TD align="right" class="gpotbl_cell">1.75</TD><TD align="right" class="gpotbl_cell">±.03
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">.74</TD><TD align="right" class="gpotbl_cell">1.44</TD><TD align="right" class="gpotbl_cell">1.44</TD><TD align="right" class="gpotbl_cell">1.44</TD><TD align="right" class="gpotbl_cell">1.51</TD><TD align="right" class="gpotbl_cell">1.52</TD><TD align="right" class="gpotbl_cell">1.52</TD><TD align="right" class="gpotbl_cell">1.68</TD><TD align="right" class="gpotbl_cell">1.88</TD><TD align="right" class="gpotbl_cell">2.05</TD><TD align="right" class="gpotbl_cell">±.03
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">.77</TD><TD align="right" class="gpotbl_cell">1.52</TD><TD align="right" class="gpotbl_cell">1.52</TD><TD align="right" class="gpotbl_cell">1.52</TD><TD align="right" class="gpotbl_cell">1.65</TD><TD align="right" class="gpotbl_cell">1.68</TD><TD align="right" class="gpotbl_cell">1.68</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.96</TD><TD align="right" class="gpotbl_cell">2.13</TD><TD align="right" class="gpotbl_cell">±.04
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">.82</TD><TD align="right" class="gpotbl_cell">1.65</TD><TD align="right" class="gpotbl_cell">1.65</TD><TD align="right" class="gpotbl_cell">1.65</TD><TD align="right" class="gpotbl_cell">1.75</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.93</TD><TD align="right" class="gpotbl_cell">2.13</TD><TD align="right" class="gpotbl_cell">2.32</TD><TD align="right" class="gpotbl_cell">±.04
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">.87</TD><TD align="right" class="gpotbl_cell">1.77</TD><TD align="right" class="gpotbl_cell">1.77</TD><TD align="right" class="gpotbl_cell">1.77</TD><TD align="right" class="gpotbl_cell">1.89</TD><TD align="right" class="gpotbl_cell">1.93</TD><TD align="right" class="gpotbl_cell">1.93</TD><TD align="right" class="gpotbl_cell">2.07</TD><TD align="right" class="gpotbl_cell">2.26</TD><TD align="right" class="gpotbl_cell">2.49</TD><TD align="right" class="gpotbl_cell">±.05
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">.93</TD><TD align="right" class="gpotbl_cell">1.92</TD><TD align="right" class="gpotbl_cell">1.92</TD><TD align="right" class="gpotbl_cell">1.92</TD><TD align="right" class="gpotbl_cell">2.04</TD><TD align="right" class="gpotbl_cell">2.13</TD><TD align="right" class="gpotbl_cell">2.13</TD><TD align="right" class="gpotbl_cell">2.26</TD><TD align="right" class="gpotbl_cell">2.46</TD><TD align="right" class="gpotbl_cell">2.71</TD><TD align="right" class="gpotbl_cell">±.05
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">1.03</TD><TD align="right" class="gpotbl_cell">2.16</TD><TD align="right" class="gpotbl_cell">2.16</TD><TD align="right" class="gpotbl_cell">2.16</TD><TD align="right" class="gpotbl_cell">2.39</TD><TD align="right" class="gpotbl_cell">2.39</TD><TD align="right" class="gpotbl_cell">2.39</TD><TD align="right" class="gpotbl_cell">2.66</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">±.06
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">1.09</TD><TD align="right" class="gpotbl_cell">2.32</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2.56</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2.84</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">±.06
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">1.15</TD><TD align="right" class="gpotbl_cell">2.43</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2.68</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2.98</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">±.06
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400</TD><TD align="right" class="gpotbl_cell">1.20</TD><TD align="right" class="gpotbl_cell">2.57</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2.82</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">3.14</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">±.06
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">450</TD><TD align="right" class="gpotbl_cell">1.26</TD><TD align="right" class="gpotbl_cell">2.67</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2.94</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">3.26</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">±.06
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">500</TD><TD align="right" class="gpotbl_cell">1.31</TD><TD align="right" class="gpotbl_cell">2.76</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">3.03</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">3.40</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">±.06</TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 5—Nominal Dimensions of Flat Cables With Tolerances in Inches—600 Volts
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="4" scope="col">Conductor size—AWG
</TH><TH class="gpotbl_colhed" colspan="8" scope="col">2-conductor
</TH><TH class="gpotbl_colhed" colspan="4" scope="col">3-conductor—Type G
</TH></TR><TR><TH class="gpotbl_colhed" colspan="4" scope="col">Type W
</TH><TH class="gpotbl_colhed" colspan="4" scope="col">Type G
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Major
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Minor
</TH></TR><TR><TH class="gpotbl_colhed" colspan="2" scope="col">Major
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Minor
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Major
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Minor
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">O.D.
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">O.D.
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Tolerance
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">O.D.
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">O.D.
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">O.D.
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">O.D.
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8</TD><TD align="right" class="gpotbl_cell">0.84</TD><TD align="right" class="gpotbl_cell">±0.04</TD><TD align="right" class="gpotbl_cell">0.51</TD><TD align="right" class="gpotbl_cell">±0.03
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">.93</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.56</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.02</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">0.56</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.65</TD><TD align="right" class="gpotbl_cell">±0.06</TD><TD align="right" class="gpotbl_cell">0.67</TD><TD align="right" class="gpotbl_cell">±0.05
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">1.05</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.61</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.15</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.61</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.85</TD><TD align="right" class="gpotbl_cell">±.06</TD><TD align="right" class="gpotbl_cell">.75</TD><TD align="right" class="gpotbl_cell">±.05
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">1.14</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.68</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.26</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.68</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.99</TD><TD align="right" class="gpotbl_cell">±.06</TD><TD align="right" class="gpotbl_cell">.77</TD><TD align="right" class="gpotbl_cell">±.05
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">1.24</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.73</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.35</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.73</TD><TD align="right" class="gpotbl_cell">±.06</TD><TD align="right" class="gpotbl_cell">2.10</TD><TD align="right" class="gpotbl_cell">±.06</TD><TD align="right" class="gpotbl_cell">.81</TD><TD align="right" class="gpotbl_cell">±.05
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">1.40</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.81</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.55</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.81</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">2.43</TD><TD align="right" class="gpotbl_cell">±.06</TD><TD align="right" class="gpotbl_cell">.97</TD><TD align="right" class="gpotbl_cell">±.05
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">1.51</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.93</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.67</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.93</TD><TD align="right" class="gpotbl_cell">±.03
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">1.63</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.99</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.85</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">.99</TD><TD align="right" class="gpotbl_cell">±.03
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">1.77</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">1.03</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">2.00</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">1.03</TD><TD align="right" class="gpotbl_cell">±.03
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">1.89</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">1.10</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">2.10</TD><TD align="right" class="gpotbl_cell">±.04</TD><TD align="right" class="gpotbl_cell">1.10</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 6—Nominal Diameters of Heavy Jacketed Cords With Tolerances In Inches—600 Volts
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Conductor size—AWG
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">2-conductor
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">3-conductor
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">4-conductor
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">5-conductor
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">6-conductor
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">7-conductor
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">14</TD><TD align="right" class="gpotbl_cell">0.64</TD><TD align="right" class="gpotbl_cell">±0.02</TD><TD align="right" class="gpotbl_cell">0.67</TD><TD align="right" class="gpotbl_cell">±0.02</TD><TD align="right" class="gpotbl_cell">0.71</TD><TD align="right" class="gpotbl_cell">±0.02</TD><TD align="right" class="gpotbl_cell">0.78</TD><TD align="right" class="gpotbl_cell">±0.03</TD><TD align="right" class="gpotbl_cell">0.83</TD><TD align="right" class="gpotbl_cell">±0.03</TD><TD align="right" class="gpotbl_cell">0.89</TD><TD align="right" class="gpotbl_cell">±0.03 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12</TD><TD align="right" class="gpotbl_cell">.68</TD><TD align="right" class="gpotbl_cell">±.02</TD><TD align="right" class="gpotbl_cell">.72</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">.76</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">.83</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">.89</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">.98</TD><TD align="right" class="gpotbl_cell">±.03 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10</TD><TD align="right" class="gpotbl_cell">.73</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">.80</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">.84</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">.90</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.00</TD><TD align="right" class="gpotbl_cell">±.03</TD><TD align="right" class="gpotbl_cell">1.07</TD><TD align="right" class="gpotbl_cell">±.03</TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 7—Nominal Diameters of Three-Conductor Portable Power Cables With Tolerances in Inches—601 to 5,000 Volts
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Conductor size—AWG or MCM
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Type G-GC (nonshielded) 2,000 volts
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Type SHC-GC (shielded overall) 2,000 volts
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Type SHD-GC (individually shielded power conductors) 2,001-3,000 volts
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Type SHD-GC (individually shielded power conductors) 3,001-5,000 volts
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH><TH class="gpotbl_colhed" scope="col">Diameter
</TH><TH class="gpotbl_colhed" scope="col">Tolerance
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">1.25</TD><TD align="right" class="gpotbl_cell"> + 0.10, −0.06</TD><TD align="right" class="gpotbl_cell">1.39</TD><TD align="right" class="gpotbl_cell"> + 0.11, −0.07</TD><TD align="right" class="gpotbl_cell">1.62</TD><TD align="right" class="gpotbl_cell"> + 0.13, −0.08</TD><TD align="right" class="gpotbl_cell">1.78</TD><TD align="right" class="gpotbl_cell"> + 0.14, −0.09
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">1.40</TD><TD align="right" class="gpotbl_cell"> + .11, −.07</TD><TD align="right" class="gpotbl_cell">1.55</TD><TD align="right" class="gpotbl_cell"> + .12, −.08</TD><TD align="right" class="gpotbl_cell">1.77</TD><TD align="right" class="gpotbl_cell"> + .14, −.09</TD><TD align="right" class="gpotbl_cell">1.90</TD><TD align="right" class="gpotbl_cell"> + .15, −.10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">1.48</TD><TD align="right" class="gpotbl_cell"> + .12, −.07</TD><TD align="right" class="gpotbl_cell">1.62</TD><TD align="right" class="gpotbl_cell"> + .13, −.08</TD><TD align="right" class="gpotbl_cell">1.84</TD><TD align="right" class="gpotbl_cell"> + .15, −.09</TD><TD align="right" class="gpotbl_cell">1.98</TD><TD align="right" class="gpotbl_cell"> + .16, −.10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">1.55</TD><TD align="right" class="gpotbl_cell"> + .12, −.08</TD><TD align="right" class="gpotbl_cell">1.71</TD><TD align="right" class="gpotbl_cell"> + .14, −.09</TD><TD align="right" class="gpotbl_cell">1.92</TD><TD align="right" class="gpotbl_cell"> + .15, −.10</TD><TD align="right" class="gpotbl_cell">2.09</TD><TD align="right" class="gpotbl_cell"> + .17, −.11
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">1.74</TD><TD align="right" class="gpotbl_cell"> + .14, −.09</TD><TD align="right" class="gpotbl_cell">1.89</TD><TD align="right" class="gpotbl_cell"> + .15, −.09</TD><TD align="right" class="gpotbl_cell">2.04</TD><TD align="right" class="gpotbl_cell"> + .16, −.10</TD><TD align="right" class="gpotbl_cell">2.18</TD><TD align="right" class="gpotbl_cell"> + .17, −.11
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">1.84</TD><TD align="right" class="gpotbl_cell"> + .15, −.09</TD><TD align="right" class="gpotbl_cell">2.02</TD><TD align="right" class="gpotbl_cell"> + .16, −.10</TD><TD align="right" class="gpotbl_cell">2.18</TD><TD align="right" class="gpotbl_cell"> + .17, −.11</TD><TD align="right" class="gpotbl_cell">2.34</TD><TD align="right" class="gpotbl_cell"> + .19, −.12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">1.99</TD><TD align="right" class="gpotbl_cell"> + .16, −.10</TD><TD align="right" class="gpotbl_cell">2.16</TD><TD align="right" class="gpotbl_cell"> + .17, −.11</TD><TD align="right" class="gpotbl_cell">2.29</TD><TD align="right" class="gpotbl_cell"> + .18, −.12</TD><TD align="right" class="gpotbl_cell">2.46</TD><TD align="right" class="gpotbl_cell"> + .20, −.12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">2.12</TD><TD align="right" class="gpotbl_cell"> + .17, −.11</TD><TD align="right" class="gpotbl_cell">2.30</TD><TD align="right" class="gpotbl_cell"> + .18, −.11</TD><TD align="right" class="gpotbl_cell">2.45</TD><TD align="right" class="gpotbl_cell"> + .20, −.12</TD><TD align="right" class="gpotbl_cell">2.62</TD><TD align="right" class="gpotbl_cell"> + .21, −.13
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">2.30</TD><TD align="right" class="gpotbl_cell"> + .18, −.12</TD><TD align="right" class="gpotbl_cell">2.48</TD><TD align="right" class="gpotbl_cell"> + .20, −.12</TD><TD align="right" class="gpotbl_cell">2.62</TD><TD align="right" class="gpotbl_cell"> + .21, −.13</TD><TD align="right" class="gpotbl_cell">2.76</TD><TD align="right" class="gpotbl_cell"> + .22, −.14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">2.46</TD><TD align="right" class="gpotbl_cell"> + .20, −.12</TD><TD align="right" class="gpotbl_cell">2.70</TD><TD align="right" class="gpotbl_cell"> + .22, −.13</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">2.63</TD><TD align="right" class="gpotbl_cell"> + .21, −.13</TD><TD align="right" class="gpotbl_cell">2.84</TD><TD align="right" class="gpotbl_cell"> + .23, −.14</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">2.75</TD><TD align="right" class="gpotbl_cell"> + .22, −.14</TD><TD align="right" class="gpotbl_cell">2.97</TD><TD align="right" class="gpotbl_cell"> + .24, −.15</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 8—Fuse Ratings or Instantaneous Setting of Circuit Breakers for Short-Circuit Protection of Portable Cables and Cords
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Conductor size—AWG or MCM
</TH><TH class="gpotbl_colhed" scope="col">Ohms/1,000 ft. at 25 °C.
</TH><TH class="gpotbl_colhed" scope="col">Maximum allowable fuse rating (amperes)
</TH><TH class="gpotbl_colhed" scope="col">Maximum allowable circuit breaker instantaneous setting (amperes) 
<sup>1</sup>
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">14</TD><TD align="right" class="gpotbl_cell">2.62</TD><TD align="right" class="gpotbl_cell">20</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12</TD><TD align="right" class="gpotbl_cell">1.65</TD><TD align="right" class="gpotbl_cell">30</TD><TD align="right" class="gpotbl_cell">75
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10</TD><TD align="right" class="gpotbl_cell">1.04</TD><TD align="right" class="gpotbl_cell">40</TD><TD align="right" class="gpotbl_cell">150
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8</TD><TD align="right" class="gpotbl_cell">.654</TD><TD align="right" class="gpotbl_cell">80</TD><TD align="right" class="gpotbl_cell">200
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">.410</TD><TD align="right" class="gpotbl_cell">100</TD><TD align="right" class="gpotbl_cell">300
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">.259</TD><TD align="right" class="gpotbl_cell">200</TD><TD align="right" class="gpotbl_cell">500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">.205</TD><TD align="right" class="gpotbl_cell">250</TD><TD align="right" class="gpotbl_cell">600
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">.162</TD><TD align="right" class="gpotbl_cell">300</TD><TD align="right" class="gpotbl_cell">800
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">.129</TD><TD align="right" class="gpotbl_cell">375</TD><TD align="right" class="gpotbl_cell">1,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">.102</TD><TD align="right" class="gpotbl_cell">500</TD><TD align="right" class="gpotbl_cell">1,250
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">.081</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">1,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">.064</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">.051</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">.043</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">.036</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">.031</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400</TD><TD align="right" class="gpotbl_cell">.027</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">450</TD><TD align="right" class="gpotbl_cell">.024</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">500</TD><TD align="right" class="gpotbl_cell">.022</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Higher circuit-breaker settings may be permitted for special applications when justified.</P></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 9—Specifications for Portable Cables Longer Than 500 Feet 
<sup>1</sup>
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Conductor size—AWG or MCM
</TH><TH class="gpotbl_colhed" scope="col">Max. allowable length (feet)
</TH><TH class="gpotbl_colhed" scope="col">Normal ampacity at 60 °C. copper temperature (40 °C. ambient)
</TH><TH class="gpotbl_colhed" scope="col">Resistance at 60 °C. copper temperature (ohms)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">550</TD><TD align="right" class="gpotbl_cell">50</TD><TD align="right" class="gpotbl_cell">0.512
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">600</TD><TD align="right" class="gpotbl_cell">70</TD><TD align="right" class="gpotbl_cell">.353
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">650</TD><TD align="right" class="gpotbl_cell">80</TD><TD align="right" class="gpotbl_cell">.302
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">700</TD><TD align="right" class="gpotbl_cell">95</TD><TD align="right" class="gpotbl_cell">.258
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">750</TD><TD align="right" class="gpotbl_cell">110</TD><TD align="right" class="gpotbl_cell">.220
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">800</TD><TD align="right" class="gpotbl_cell">130</TD><TD align="right" class="gpotbl_cell">.185
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">850</TD><TD align="right" class="gpotbl_cell">150</TD><TD align="right" class="gpotbl_cell">.157
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">900</TD><TD align="right" class="gpotbl_cell">175</TD><TD align="right" class="gpotbl_cell">.130
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">1,000</TD><TD align="right" class="gpotbl_cell">200</TD><TD align="right" class="gpotbl_cell">.116
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">1,000</TD><TD align="right" class="gpotbl_cell">220</TD><TD align="right" class="gpotbl_cell">.098
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">1,000</TD><TD align="right" class="gpotbl_cell">240</TD><TD align="right" class="gpotbl_cell">.082
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">1,000</TD><TD align="right" class="gpotbl_cell">260</TD><TD align="right" class="gpotbl_cell">.070
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400</TD><TD align="right" class="gpotbl_cell">1,000</TD><TD align="right" class="gpotbl_cell">280</TD><TD align="right" class="gpotbl_cell">.061
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">450</TD><TD align="right" class="gpotbl_cell">1,000</TD><TD align="right" class="gpotbl_cell">300</TD><TD align="right" class="gpotbl_cell">.054
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">500</TD><TD align="right" class="gpotbl_cell">1,000</TD><TD align="right" class="gpotbl_cell">320</TD><TD align="right" class="gpotbl_cell">.050
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Fuses shall not be used for short-circuit protection of these cables. Circuit breakers shall be used with the instantaneous trip settings not to exceed the values given in Table 8.</P></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 10—High Voltage Trailing Cable Ampacities and Outside Diameters
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Power conductor
</TH><TH class="gpotbl_colhed" scope="col">Ampacity *
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Outside diameter **
<br/>(inches)
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Size AWG or kcmil
</TH><TH class="gpotbl_colhed" scope="col">Amperes per conductor
</TH><TH class="gpotbl_colhed" scope="col">SHD-GC 2001 to 5000 volts
</TH><TH class="gpotbl_colhed" scope="col">SHD-CGC 2001 to 5000 volts
</TH><TH class="gpotbl_colhed" scope="col">SHD-PCG 2001 to 5000 volts
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">93</TD><TD align="right" class="gpotbl_cell">1.56</TD><TD align="right" class="gpotbl_cell">1.62
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">122</TD><TD align="right" class="gpotbl_cell">1.68</TD><TD align="right" class="gpotbl_cell">1.73
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">140</TD><TD align="right" class="gpotbl_cell">1.78</TD><TD align="right" class="gpotbl_cell">1.82</TD><TD align="right" class="gpotbl_cell">1.94
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">159</TD><TD align="right" class="gpotbl_cell">1.87</TD><TD align="right" class="gpotbl_cell">1.91</TD><TD align="right" class="gpotbl_cell">2.03
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">184</TD><TD align="right" class="gpotbl_cell">1.95</TD><TD align="right" class="gpotbl_cell">1.98</TD><TD align="right" class="gpotbl_cell">2.12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">211</TD><TD align="right" class="gpotbl_cell">2.08</TD><TD align="right" class="gpotbl_cell">2.10</TD><TD align="right" class="gpotbl_cell">2.26
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">243</TD><TD align="right" class="gpotbl_cell">2.20</TD><TD align="right" class="gpotbl_cell">2.20</TD><TD align="right" class="gpotbl_cell">2.40
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">279</TD><TD align="right" class="gpotbl_cell">2.36</TD><TD align="right" class="gpotbl_cell">2.36</TD><TD align="right" class="gpotbl_cell">2.58
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">321</TD><TD align="right" class="gpotbl_cell">2.50</TD><TD align="right" class="gpotbl_cell">2.50</TD><TD align="right" class="gpotbl_cell">2.76
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">355</TD><TD align="right" class="gpotbl_cell">2.69</TD><TD align="right" class="gpotbl_cell">2.69
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">398</TD><TD align="right" class="gpotbl_cell">2.81</TD><TD align="right" class="gpotbl_cell">2.81
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">435</TD><TD align="right" class="gpotbl_cell">2.95</TD><TD align="right" class="gpotbl_cell">2.95
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">500</TD><TD align="right" class="gpotbl_cell">536</TD><TD align="right" class="gpotbl_cell">3.31</TD><TD align="right" class="gpotbl_cell">3.31
</TD><TD align="right" class="gpotbl_cell"/></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">* These ampacities are based on single isolated conductor in air, operated with open-circuited shield for a 90 °C conductor temperature and an ambient temperature of 40 °C.
</P><P class="gpotbl_note">** Tolerances for the outside diameter are + 8%/−5%.</P></DIV></DIV>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968; 33 FR 6345, Apr. 26, 1968, as amended at 42 FR 8373, Feb. 10, 1977; 75 FR 17549, Apr. 6, 2010; 75 FR 20918, Apr. 22, 2010]


</CITA>
</DIV9>


<DIV9 N="Appendix II" NODE="30:1.0.1.2.8.4.1.4.3" TYPE="APPENDIX">
<HEAD>Appendix II to Subpart D of Part 18

</HEAD>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_description">LIST OF FIGURES
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Figure No.
</TH><TH class="gpotbl_colhed" scope="col">Title
</TH></TR><TR><TD align="right" class="gpotbl_cell" scope="row">1</TD><TD align="left" class="gpotbl_cell">Typical layout drawing of a machine.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">2</TD><TD align="left" class="gpotbl_cell">Sample bill of material (to accompany layout drawing shown on figure 1)
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">3</TD><TD align="left" class="gpotbl_cell">Material to be included with the operating instructions on or with the wiring diagram submitted to each customer.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">4</TD><TD align="left" class="gpotbl_cell">Sample factory inspection form.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">5</TD><TD align="left" class="gpotbl_cell">Typical plane joint.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">6</TD><TD align="left" class="gpotbl_cell">Typical combination joint.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">7</TD><TD align="left" class="gpotbl_cell">Typical threaded joint.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">8</TD><TD align="left" class="gpotbl_cell">Typical threaded straight stuffing box and packing gland lead entrance with provision for hose conduit.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">9</TD><TD align="left" class="gpotbl_cell">Typical slip-fit straight-type and angle-type stuffing box and packing gland lead entrance.
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">10</TD><TD align="left" class="gpotbl_cell">Typical slip-fit angle-type stuffing box and packing gland lead entrance and typical plug for spare lead entrance hole.</TD></TR></TABLE></DIV></DIV>
<img src="/graphics/ec22oc91.024.gif"/>
<HD1>Figure 2—Sample Bill of Material 
</HD1>
<FRP>B. of M. No. ________
</FRP>
<FRP>Date ____________
</FRP>
<FRP><I>Revision      </I> 
</FRP>
<FRP>Date  
</FRP>
<FRP>1. ____________
</FRP>
<FRP>2. ____________
</FRP>
<FRP>3. ____________
</FRP>
<FRP>4. ____________
</FRP>
<FRP>5. ____________
</FRP>
<HD3>Bill of Material (Electrical) 
</HD3>
<FRP>(Manufacturing Company)   
</FRP>
<FP-DASH>Model: 
</FP-DASH>
<FRP>(Unit Name)       
</FRP>
<FP-DASH>Approval 2G- 
</FP-DASH>
<FP-DASH>Motor: 
</FP-DASH>
<FRP>(Manufacturing Company)  
</FRP>
<FP-DASH>Frame
</FP-DASH>
<P>______ Hp., ______ Volts, ______ Ph., 
</P>
<P>______ Cy., ______ R.P.M. 
</P>
<P>X/P____________________(Date). 
</P>
<P>____________(Date) Extension. 
</P>
<FP-DASH>Starter: 
</FP-DASH>
<FRP>(Manufacturing Company)  
</FRP>
<FP-DASH>Model
</FP-DASH>
<P>________Hp., ________Volts.
</P>
<P-DASH>X/P
</P-DASH>
<FRP>(Date)
</FRP>
<P>____________ Extension. 
</P>
<P1>(Date)
</P1>
<FP>Cable—Motor to Starter: 
</FP>
<P>Cond. No. ______, ______″ 
</P>
<P>O.D., ______′ Long 
</P>
<FP>Hose—Motor to Starter Cable: 
</FP>
<P>______″ I.D., ______″ O.D., ______ ′ Long 
</P>
<FP>Portable (Trailing) Cable—
</FP>
<FP-DASH>Type:
</FP-DASH>
<P>Cond. No. ______, ______″ 
</P>
<P>O.D., ______′ Long 
</P>
<FP>Hose—for Portable Cable: 
</FP>
<P>______″ I.D., ______″ O.D., ______′ Long 
</P>
<FP>Hose Clamps—
</FP>
<P>2 for Motor-Starter Hose conduit ______″ D 
</P>
<P>1 for Portable Cable Hose conduit ____″ D* 
</P>
<P>*Only when short length of hose is used. Trolley Tap—
</P>
<FRP>(Manufacturing Company)   
</FRP>
<P>Model ____________________________ with ______-ampere fuse. 
</P>
<FP>Rail Clamps, 2. 
</FP>
<P>1 Ground Clamp, Cat. No. ______
</P>
<FRP>(Manufacturing Company)   
</FRP>
<P>1 Return Power Conductor, Cat. No. ______
</P>
<FRP>(Manufacturing Company)   
</FRP>
<P1>or—as Optional 
</P1>
<FP>Plug on outby end of potable cable for insertion into receptacle on distribution box or equivalent with short-circuit protective device set at ______ amperes. 
</FP>
<FP>Static-free Belt 
</FP>
<P>Model 
</P>
<P>Style 
</P>
<P>Catalog No. ______,
</P>
<FRP>(Manufacturing Company)   
</FRP>
<FP>Guard for Belt—
</FP>
<FP-DASH>Material
</FP-DASH>
<P>Overall Dimensions ______″ Long × ______″ 
</P>
<P>Wide × ______″ High
</P>
<NOTE>
<HED>Note:</HED>
<P>The foregoing is intended as a guide. Additional electrical components used shall be completely identified.</P></NOTE>
<HD1>Figure 3—Material To Be Included With the Operating Instructions—on or With the Wiring Diagram Submitted to Each Customer
</HD1>
<HD1>(Sometimes referred to as “Caution Statement”) 
</HD1>
<HD1>caution
</HD1>
<P>To retain “permissibility” of this equipment the following conditions shall be satisfied: 
</P>
<P>1. <I>General safety.</I> Frequent inspection shall be made. All electrical parts, including the portable cable and wiring, shall be kept in a safe condition. There shall be no openings into the casings of the electrical parts. A permissible distribution box shall be used for connection to the power circuit unless connection is made in fresh intake air. To maintain the overload protection on direct-current machines, the ungrounded conductor of the portable cable shall be connected to the proper terminal. The machine frame shall be effectively grounded. The power wires shall not be used for grounding except in conjunction with diode(s) or equivalent. The operating voltage should match the voltage rating of the motor(s). 
</P>
<P>2. <I>Servicing.</I> Explosion-proof enclosures shall be restored to the state of original safety with respect to all flame arresting paths, lead entrances, etc., following disassembly for repair or rebuilding, whether by the owner or an independent shop. 
</P>
<P>3. <I>Fastenings.</I> All bolts, nuts, screws, and other means of fastening, and also threaded covers, shall be in place, properly tightened and secured. 
</P>
<P>4. <I>Renewals and repairs.</I> Inspections, repairs, or renewals of electrical parts shall not be made unless the portable cable is disconnected from the circuit furnishing power, and the cable shall not be connected again until all parts are properly reassembled. Special care shall be taken in making renewals or repairs. Leave no parts off. Use replacement parts exactly like those furnished by the manufacturer. When any lead entrance is disturbed, the original leads or exact duplicates thereof shall be used and stuffing boxes shall be repacked in the approved manner. 
</P>
<P>5. <I>Cable requirements.</I> A flame-resistant portable cable bearing a MSHA assigned identification number, adequately protected by an automatic circuit-interrupting device shall be used. Special care shall be taken in handling the cable to guard against mechanical injury and wear. Splices in portable cables shall be made in a workmanlike manner, mechanically strong, and well insulated. Not more than five temporary splices are permitted in a portable cable regardless of length. Connections and wiring to the outby end of the cable shall be in accordance with recognized standards of safety. 
</P>
<HD1>Figure 4—Sample Factory Inspection Form 
</HD1>
<FRP>Date ____________
</FRP>
<FRP>Inspector ________________________
</FRP>
<HD1>machine
</HD1>
<FP-DASH>Designation:
</FP-DASH>
<FP-DASH>Type: ____________ Serial No. 
</FP-DASH>
<HD1>motor
</HD1>
<FP-DASH>Manufacturer: 
</FP-DASH>
<FP-DASH>Serial No.: ______ Type: 
</FP-DASH>
<FP-DASH>Frame: 
</FP-DASH>
<FP>Hp.____ F.L. Speed:____ Volts:____ Amps.__
</FP>
<FP-1>Winding: ______ X/P No. ______ (or parts list designation). 
</FP-1>
<HD1>starter
</HD1>
<FP-DASH>Manufacturer: 
</FP-DASH>
<FP-DASH>Serial No. ______ Type:
</FP-DASH>
<FP-1>Hp. ______ Volts: ______ X/P No. ______ (or parts list designation). 
</FP-1>
<FP>Short-circuit protection ______ amps. 
</FP>
<FP>Overload-current protection ______ amps. 
</FP>
<HD1>portable cable
</HD1>
<FP>Manufacturer: __________________________________
</FP>
<FP>Type: ____________ Conductors: ______________
</FP>
<FP>Length: ______ O.D. ______ MSHA No. ________
</FP>
<FP-1>Is all wiring around machine adequately protected from mechanical damage?
</FP-1>
<FP-DASH>By hose conduit__________, Troughs 
</FP-DASH>
<FP-DASH>Metal tubing __________, Other 
</FP-DASH>
<FP-DASH>By removal of all sharp corners or edges? 
</FP-DASH>
<FP-DASH>Is wiring separated from hydraulic components? 
</FP-DASH>
<FP-DASH>Is an adequate insulated strain clamp provided for the portable cable? 
</FP-DASH>
<FP-DASH>Are all packing glands properly packed so that 
<FR>1/8</FR>-inch clearance remains between packing nut and stuffing box? 
</FP-DASH>
<FP-DASH>Are lockwashers (or equivalent) provided for all explosion-proof enclosure fastenings? 
</FP-DASH>
<FP-DASH>Are all plane joints securely fastened so that an 0.005-inch feeler gage cannot be inserted?
</FP-DASH>
<FP-DASH>Are all threaded covers secured? 
</FP-DASH>
<FP-DASH>How? 
</FP-DASH>
<FP-DASH>Are all electrical connections secure ________and properly insulated where necessary? 
</FP-DASH>
<NOTE>
<HED>Note:</HED>
<P>Add appropriate material for each explosion-proof enclosure when more than a motor and starter are on a machine.</P></NOTE>
<img src="/graphics/ec22oc91.014.gif"/>
<img src="/graphics/ec22oc91.015.gif"/>
<img src="/graphics/ec22oc91.016.gif"/>
<img src="/graphics/ec22oc91.017.gif"/>
<img src="/graphics/ec22oc91.018.gif"/>
<img src="/graphics/ec22oc91.019.gif"/>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977; 42 FR 25855, May 20, 1977]


</CITA>
</DIV9>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.2.8.5" TYPE="SUBPART">
<HEAD>Subpart E—Field Approval of Electrically Operated Mining Equipment</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>36 FR 7007, Apr. 13, 1971, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 18.90" NODE="30:1.0.1.2.8.5.1.1" TYPE="SECTION">
<HEAD>§ 18.90   Purpose.</HEAD>
<P>The regulations of this subpart E set forth the procedures and requirements for permissibility which must be met to obtain MSHA field approval of electrically operated machinery used or intended for use in by the last open crosscut of a coal mine which has not been otherwise approved, certified or accepted under the provisions of this part 18, chapter I, title 30, Code of Federal Regulations (Bureau of Mines Schedule 2G). 


</P>
</DIV8>


<DIV8 N="§ 18.91" NODE="30:1.0.1.2.8.5.1.2" TYPE="SECTION">
<HEAD>§ 18.91   Electric equipment for which field approvals will be issued.</HEAD>
<P>(a) Individual field approvals will be issued by MSHA under the provisions of this subpart E for electrically operated machines commercially built, or constructed, by the owner-coal mine operator of such machines including any associated electrical equipment, electrical components, and electrical accessories. 
</P>
<P>(b) Approvals will not be issued under the provisions of this subpart E for electrically operated mining equipment manufactured or rebuilt primarily for sale or resale to any operator of a coal mine, or for small electrically operated equipment which consumes less than 2,250 watts of electricity, or for instruments and other small devices which employ electric power. 


</P>
</DIV8>


<DIV8 N="§ 18.92" NODE="30:1.0.1.2.8.5.1.3" TYPE="SECTION">
<HEAD>§ 18.92   Quality of material and design.</HEAD>
<P>(a) Electrically operated machinery approved under the provisions of this subpart E shall be rugged in construction and shall be designed to facilitate maintenance and inspection. 
</P>
<P>(b) MSHA shall conduct field investigations and, where necessary, field test electric machinery only where such machinery is found to be constructed of suitable materials and safe for its intended use. 


</P>
</DIV8>


<DIV8 N="§ 18.93" NODE="30:1.0.1.2.8.5.1.4" TYPE="SECTION">
<HEAD>§ 18.93   Application for field approval; filing procedures.</HEAD>
<P>(a)(1) Investigation and testing leading to field approval shall be undertaken by MSHA only pursuant to individual written applications for each machine submitted in triplicate on MSHA Form No. 6-1481, by the owner-coal mine operator of the machine. 
</P>
<P>(2) Except as provided in paragraph (b) of this section, each application shall be accompanied by appropriate photographs, drawings, specifications, and descriptions as required under the provisions of § 18.94 and each such application shall be filed with the Coal Mine Health and Safety District Manager for the District in which such machine will be employed. 
</P>
<P>(b) The Coal Mine Health and Safety District Manager may, upon receipt of any application filed pursuant to paragraph (a) of this section, waive the requirements of § 18.94 with respect to such application if he determines that the submission of photographs, drawings, specifications, or descriptions will place an undue financial burden upon the applicant. In the event a waiver is granted in accordance with this paragraph (b), initial review of the application will be waived and the applicant shall be notified on MSHA Form 6-1481 of such waiver and the date, time, and location at which field inspection of the equipment described in the application will be conducted. 
</P>
<P>(c) Following receipt of an application filed in accordance with paragraph (a) of this section, the Coal Mine Health and Safety District Manager shall determine whether the application has been filed in accordance with § 18.91, and cause the application to be reviewed by a qualified electrical representative to determine compliance with § 18.92: 
</P>
<P>(1) If it is determined on the basis of the application or the data submitted in accordance with § 18.94 that further consideration of a field approval is warranted under this subpart E or that the machine appears suitable and safe for its intended use, the Coal Mine Health and Safety District Manager shall advise the applicant in writing that further investigation and inspection of the machine will be necessary. The notice issued by the Coal Mine Health and Safety District Manager shall set forth the time and place at which such inspection will be conducted and specify the location and size of any tapped holes required to be made by the applicant to facilitate the pressure testing of enclosures. 
</P>
<P>(2) If it is determined on the basis of data submitted in accordance with § 18.94 that the applicant is not qualified to receive an approval or that the machine does not appear to be suitable and safe for its intended use, the Coal Mine Health and Safety District Manager shall so advise the applicant in writing, setting forth the reasons for his denial of the application, and where applicable, the deficiencies in the machine which rendered it unsuitable or unsafe for use. 
</P>
<P>(3) Rejected applications, together with attached photographs, drawings, specifications and descriptions shall be forwarded by the Coal Mine Health and Safety District Manager to Approval and Certification Center which shall record all pertinent data with respect to the machine for which field approval was sought.
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978] 


</CITA>
</DIV8>


<DIV8 N="§ 18.94" NODE="30:1.0.1.2.8.5.1.5" TYPE="SECTION">
<HEAD>§ 18.94   Application for field approval; contents of application.</HEAD>
<P>(a) Each application for field approval shall, except as provided in § 18.93(b), include the following information with respect to the electrically operated machine for which field approval is sought: 
</P>
<P>(1) The trade name and the certification number or other means of identifying any explosion-proof compartment or intrinsically-safe component installed on the machine for which a prior approval or certification has been issued under the provisions of Bureau of Mines Schedules 2D, 2E, 2F, or 2G. 
</P>
<P>(2) The trade name and the flame-resistance acceptance or approval number of any cable, cord, hose, or conveyor belt installed on the machine for which prior acceptance or approval by MSHA has been issued.
</P>
<P>(b) Each application for field approval shall be accompanied by: 
</P>
<P>(1) If the machine is constructed or assembled entirely from components which have been certified or removed from machines approved under Bureau of Mines Schedule 2D, 2E, 2F, or 2G, photographs or a single layout drawing which clearly depicts and identifies each of the permissible components and its location on the machine. 
</P>
<P>(2) If the machine contains one or more components required to be permissible which has not been approved or certified under Bureau of Mines Schedule 2D, 2E, 2F, or 2G, a single layout drawing which clearly identifies all of the components from which it was assembled. 
</P>
<P>(3) All applications shall include specifications for: 
</P>
<P>(i) Overcurrent protection of motors; 
</P>
<P>(ii) All wiring between components, including mechanical protection such as hose conduit and clamps; 
</P>
<P>(iii) Portable trailing cable for use with the machine, including the type, length, diameter, and number and size of conductors; 
</P>
<P>(iv) Insulated strain clamp for machine end of portable trailing cable; 
</P>
<P>(v) Short-circuit protection to be provided at outby end of portable trailing cable. 
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 57 FR 61223, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 18.95" NODE="30:1.0.1.2.8.5.1.6" TYPE="SECTION">
<HEAD>§ 18.95   Approval of machines constructed of components approved, accepted or certified under Bureau of Mines Schedule 2D, 2E, 2F, or 2G.</HEAD>
<P>Machines for which field approval is sought which are constructed entirely from properly identified components that have been investigated and accepted or certified for applications on approved machines under the Bureau of Mines Schedule 2D, 2E, 2F, or 2G, shall be approved following a determination by the electrical representative that the construction of the entire machine is permissible and conforms to the data submitted in accordance with § 18.94. 


</P>
</DIV8>


<DIV8 N="§ 18.96" NODE="30:1.0.1.2.8.5.1.7" TYPE="SECTION">
<HEAD>§ 18.96   Preparation of machines for inspection; requirements.</HEAD>
<P>(a) Upon receipt of written notice from the Health and Safety District Manager of the time and place at which a field approval investigation will be conducted with respect to any machine, the applicant will prepare the machine for inspection in the following manner: 
</P>
<P>(1) The machine shall be in fresh air out by the last open crosscut and free from obstructions, or, if the machine is located on the surface, moved to a clear area; 
</P>
<P>(2) All enclosure covers shall be removed; 
</P>
<P>(3) The flanges and interior of each enclosure, including the cover, shall be cleaned thoroughly; 
</P>
<P>(4) All hoses, cables, cord, and conveyor belts shall be wiped clean to expose surface markings; 
</P>
<P>(5) All electrical components shall be cleaned to reveal all stampings, identification plates, certification numbers, or explosion test markings. 


</P>
</DIV8>


<DIV8 N="§ 18.97" NODE="30:1.0.1.2.8.5.1.8" TYPE="SECTION">
<HEAD>§ 18.97   Inspection of machines; minimum requirements.</HEAD>
<P>(a) Except as provided in § 18.95, all machines approved under the provisions of this subpart E shall, where practicable, meet the minimum design and performance requirements set forth in subpart B of this part 18 and, where necessary, the requirements of § 18.98. 
</P>
<P>(b) The inspection of each machine shall be conducted by an electrical representative and such inspection shall include: 
</P>
<P>(1) Examination of all electrical components for materials, workmanship, design, and construction; 
</P>
<P>(2) Examination of all components of the machine which have been approved or certified under Bureau of Mines Schedule 2D, 2E, 2F, or 2G to determine whether such components have been maintained in permissible conditions; 
</P>
<P>(3) Comparison of the location of components on the machine with the drawings or photographs submitted to determine that each of them is properly located, identified and marked; 
</P>
<P>(4) Pressure testing of explosion-proof compartments, when necessary, shall be conducted in accordance with § 18.98; and: 
</P>
<P>(i) Where the results of pressure testing are acceptable, the applicant shall be advised; 
</P>
<P>(ii) Where the explosion-proof enclosure is found unacceptable, the applicant shall be so informed; 
</P>
<P>(iii) If the performance of the explosion-proof enclosure is questionable, the qualified electrical representative may, at the request of the applicant, conduct a further detailed examination of the enclosure after disassembly and record his additional findings on MSHA Form No. 6-1481 under Results of Field Inspections.
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977] 


</CITA>
</DIV8>


<DIV8 N="§ 18.98" NODE="30:1.0.1.2.8.5.1.9" TYPE="SECTION">
<HEAD>§ 18.98   Enclosures, joints, and fastenings; pressure testing.</HEAD>
<P>(a) Cast or welded enclosures shall be designed to withstand a minimum internal pressure of 150 pounds per square inch (gage). Castings shall be free from blowholes. 
</P>
<P>(b) Pneumatic field testing of explosion-proof enclosures shall be conducted by determining: 
</P>
<P>(1) Leak performance with a peak dynamic or static pressure of 150 pounds per square inch (gage); or 
</P>
<P>(2) A pressure rise and rate of decay consistent with unyielding components during a pressure-time history as derived from a series of oscillograms. 
</P>
<P>(c) Welded joints forming an enclosure shall have continuous gastight welds. 


</P>
</DIV8>


<DIV8 N="§ 18.99" NODE="30:1.0.1.2.8.5.1.10" TYPE="SECTION">
<HEAD>§ 18.99   Notice of approval or disapproval; letters of approval and approval plates.</HEAD>
<P>Upon completion of each inspection conducted in accordance with § 18.97(b), the electrical representative conducting such inspection shall record his findings with respect to the machine examined on MSHA Form No. 6-1481 together with his recommendation of approval or disapproval of the machine. 
</P>
<P>(a) If the qualified electrical representative recommends field approval of the machine, the Coal Mine Health and Safety District Manager shall forward the completed application form together with all attached photographs, drawings, specifications, and descriptions to Approval and Certification Center. Approval and Certification Center shall record all pertinent data with respect to such machine, issue a letter of approval with a copy to the Coal Mine Health and Safety District Manager who authorized its issuance and send the field approval plate to the applicant. The approval plate shall be affixed to the machine by the applicant in such a manner so as not to impair its explosion-proof characteristics. 
</P>
<P>(b) If the electrical representative recommends disapproval of the machine, he shall record the reasons for such disapproval and the Coal Mine Health and Safety District Manager shall forward the completed application form and other data to Approval and Certification Center which shall record all pertinent data with respect to such machine and notify the applicant that the application for approval has been rejected and the reasons for the rejection.
</P>
<CITA TYPE="N">[33 FR 4660, Mar. 19, 1968, as amended at 42 FR 8373, Feb. 10, 1977; 43 FR 12314, Mar. 24, 1978]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.2.8.6" TYPE="SUBPART">
<HEAD>Subpart F—Voluntary Consensus Standards</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 99104, Dec. 10, 2024, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 18.101" NODE="30:1.0.1.2.8.6.1.1" TYPE="SECTION">
<HEAD>§ 18.101   Acceptance and use of voluntary consensus standards.</HEAD>
<P>(a) Voluntary consensus standards that are suitable for gassy mining environments and that provide protection against fire or explosion, if used in their entirety and without modification, may be used in lieu of the requirements in subparts B through E of this part, if MSHA has incorporated those standards by reference.
</P>
<P>(b) For applications submitted on or after January 9, 2025, an approval will be issued in accordance with subpart A of this part for a completely assembled electrical machine or accessory, if each component of such electrical machine or accessory:
</P>
<P>(1) Meets the requirements in subparts B through E of this part; or
</P>
<P>(2) Meets the Group I requirements in the following voluntary consensus standards (incorporated by reference, see § 18.102), as well as the associated Level of Protection, if specified, that apply to those components:
</P>
<P>(i) ANSI/ISA 60079-11 (Level of Protection 'ia');
</P>
<P>(ii) ANSI/ISA 60079-25 (Level of Protection 'ia');
</P>
<P>(iii) ANSI/UL 60079-0;
</P>
<P>(iv) ANSI/UL 60079-1 (Level of Protection 'da');
</P>
<P>(v) ANSI/UL 60079-11 (Level of Protection 'ia');
</P>
<P>(vi) ANSI/UL 60079-18 (Level of Protection 'ma');
</P>
<P>(vii) ANSI/UL 60079-25 (Level of Protection 'ia'); and
</P>
<P>(viii) ANSI/UL 60079-28 (Equipment Protection Level 'Ma').




</P>
</DIV8>


<DIV8 N="§ 18.102" NODE="30:1.0.1.2.8.6.1.2" TYPE="SECTION">
<HEAD>§ 18.102   Approved (incorporated by reference) voluntary consensus standards.</HEAD>
<P>Certain material is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at U.S. Department of Labor, Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: 765 Technology Drive, Triadelphia, WV 26059, phone: (304) 547-0400; <I>www.msha.gov/compliance-and-enforcement/equipment-approval-certification</I>. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email <I>fr.inspection@nara.gov</I>. The material is available as follows:
</P>
<P>(a) International Society of Automation (ISA), 67 T.W. Alexander Drive, P.O. Box 12277, Research Triangle Park, NC 27709; phone: (919) 549-8411; website: <I>www.isa.org</I>.
</P>
<P>(1) ANSI/ISA 60079-11 (12.02.01)-2014, American National Standard for Explosive Atmospheres—Part 11: Equipment protection by intrinsic safety “i”, Edition 6.2, Approved March 28, 2014; into § 18.101.
</P>
<P>(2) ANSI/ISA 60079-25 (12.02.05)-2011, American National Standard for Explosive Atmospheres—Part 25: Intrinsically safe electrical systems, Approved December 2, 2011; into § 18.101.
</P>
<P>(b) UL Solutions, Comm 2000, 151 Eastern Avenue, Bensenville, IL 60106; phone: (888) 853-3503; website: <I>www.ul.com</I>.
</P>
<P>(1) UL 60079-0, Standard for Safety for Explosive Atmospheres—Part 0: Equipment—General Requirements, Seventh Edition, Dated March 26, 2019, including revisions through April 15, 2020 (ANSI/UL 60079-0); into § 18.101.
</P>
<P>(2) UL 60079-1, Standard for Safety for Explosive Atmospheres—Part 1: Equipment Protection by Flameproof Enclosures “d”, Seventh Edition, Dated September 18, 2015, including revisions through January 23, 2020 (ANSI/UL 60079-1); into § 18.101.
</P>
<P>(3) UL 60079-11, Standard for Safety for Explosive Atmospheres—Part 11: Equipment Protection by Intrinsic Safety “i”, Sixth Edition, Dated February 15, 2013, including revisions through September 14, 2018 (ANSI/UL 60079-11); into § 18.101.
</P>
<P>(4) UL 60079-18, Standard for Safety for Explosive Atmospheres—Part 18: Equipment Protection by Encapsulation “m”, Fourth Edition, Dated December 14, 2015, including revisions through February 7, 2019 (ANSI/UL 60079-18); into § 18.101.
</P>
<P>(5) UL 60079-25, Standard for Safety for Explosive Atmospheres—Part 25: Intrinsically Safe Electrical Systems, Second Edition, Dated December 2, 2011, including revisions through June 12, 2020 (ANSI/UL 60079-25); into § 18.101.
</P>
<P>(6) UL 60079-28, Standard for Safety for Explosive Atmospheres—Part 28: Protection of Equipment and Transmission Systems Using Optical Radiation, Second Edition, Dated September 15, 2017, including revisions through December 7, 2021 (ANSI/UL 60079-28); into § 18.101.
</P>
<NOTE>
<HED>Note 1 to § 18.102:</HED>
<P>The voluntary consensus standards listed in this section may also be obtained from the American National Standards Institute (ANSI), 1899 L Street NW, 11th Floor, Washington, DC 20036, phone: (202) 293-8020; website: <I>www.ansi.org</I>.</P></NOTE>
</DIV8>


<DIV8 N="§ 18.103" NODE="30:1.0.1.2.8.6.1.3" TYPE="SECTION">
<HEAD>§ 18.103   Review and update of applicable voluntary consensus standards.</HEAD>
<P>(a) MSHA will review more recent editions of voluntary consensus standards listed in §  18.102 to determine whether they can be used in their entirety and without modification, in lieu of the requirements in subparts B through E of this part.
</P>
<P>(b) MSHA may review voluntary consensus standards not approved for incorporation by reference (IBR) in §  18.102 to determine whether such standards are suitable for gassy mining environments and whether they provide protection against fire or explosion, if substituted in their entirety and without modification, in lieu of the requirements in subparts B through E of this part.
</P>
<P>(c) Following such review and determination, MSHA will use the appropriate rulemaking process to amend the list of voluntary consensus standards approved for IBR in lieu of the requirements in subparts B through E of this part. 


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="19" NODE="30:1.0.1.2.9" TYPE="PART">
<HEAD>PART 19—ELECTRIC CAP LAMPS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE><P>Secs. 19.1(b) and 19.7(a) also issued under 30 U.S.C. 811.
</P></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>Schedule 6D, 4 FR 4003, Sept. 21, 1939, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 19.1" NODE="30:1.0.1.2.9.0.1.1" TYPE="SECTION">
<HEAD>§ 19.1   Purpose.</HEAD>
<P>(a) The purpose of investigations made under this part is to promote the development of electric cap lamps that may be used in mines, especially in mines that may contain dangerous concentrations of methane. Lists of such lamps will be published from time to time in order that State mine-inspection departments, compensation bureaus, mine operators, miners, and others interested in safe equipment for mines may have information in regard to available permissible electric cap lamps. This part supersedes Schedule 6C issued under date of December 21, 1935, and goes into effect August 26, 1939. 
</P>
<P>(b) Any electric cap lamp that meets the requirements set forth in this part will be termed “permissible” by MSHA and, if actively marketed, will be listed as such in publications relating to permissible electric cap lamps. MSHA will test only electrical equipment that in the opinion of its qualified representatives is constructed of suitable materials, is of good quality workmanship, is based on sound engineering principles, and is safe for its intended use. MSHA reserves the right to modify design, construction, and test requirements to obtain the same degree of protection as provided by the tests described in this part.
</P>
<P>(c) <I>Definition of permissible.</I> Completely assembled and conforming in every respect with the design formally approved by the MSHA under this part. (Approvals under this part are given only to equipment for use in gassy and dusty mines.) 
</P>
<NOTE>
<HED>Note:</HED>
<P>Paragraph (b) of this section is issued under the authority of Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All other paragraphs in this section continue under the original authority.</P></NOTE>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 2718, Apr. 23, 1955; 47 FR 11369, Mar. 16, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 19.2" NODE="30:1.0.1.2.9.0.1.2" TYPE="SECTION">
<HEAD>§ 19.2   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 19.3" NODE="30:1.0.1.2.9.0.1.3" TYPE="SECTION">
<HEAD>§ 19.3   Application procedures and requirements.</HEAD>
<P>(a) Before MSHA will undertake the active investigation leading to approval of any lamp, the applicant shall make application by letter for an investigation leading to approval of the lamp. This application shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, together with the required drawings, one complete lamp, and instructions for its operation. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(b) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(3) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.
</P>
<CITA TYPE="N">[68 FR 36419, June 17, 2003, as amended at 70 FR 46342, Aug. 9, 2005; 73 FR 52211, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 19.4" NODE="30:1.0.1.2.9.0.1.4" TYPE="SECTION">
<HEAD>§ 19.4   Conditions governing investigations.</HEAD>
<P>(a) One complete lamp, with the assembly and detail drawings that show the construction of the lamp and the materials of which it is made, should be submitted at the time the application for test is made. This material should be sent prepaid to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<P>(b) When this lamp has been inspected by MSHA, the applicant will be notified as to the amount of material that will be required for the tests. In general, the material required will be as follows: (1) Thirty complete lamps; (2) 500 bulbs; (3) 50 feet of cord; (4) a battery discharge rack for 20 batteries; and (5) a 50-bulb rack. Specifications for items (4) and (5) will be furnished by MSHA. 
</P>
<P>(c) The applicant will be notified of the date on which the tests will start and will be given an opportunity to witness them. 
</P>
<P>(d) <I>Observers at formal investigations and demonstrations.</I> No one shall be present during any part of the formal investigation conducted by MSHA which leads to approval for permissibility except the necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon by the applicant and MSHA. Upon granting approval for permissibility, MSHA will announce that such approval has been granted to the device and may thereafter conduct, from time to time in its discretion, public demonstrations of the tests conducted on the approved device. Those who attend any part of the investigation, or any public demonstration, shall be present solely as observers; the conduct of the investigation and of any public demonstration shall be controlled by MSHA. Results of chemical analyses of material and all information contained in the drawings, specifications, and instructions shall be deemed confidential and their disclosure will be appropriately safeguarded by MSHA. 
</P>
<P>(e) Permissibility tests will not be made unless the lamp has been completely developed and is in a form that can be marketed. 
</P>
<P>(f) The results of the tests shall be regarded as confidential by all present at the tests and shall not be made public in any way prior to the formal approval of the lamp by MSHA. 
</P>
<P>(g) No verbal report of approval or disapproval will be made to the applicant. After MSHA has considered the results of the tests, a formal report of the approval or disapproval will be made to the applicant in writing by Approval and Certification Center. The applicant shall not advertise the lamp as being permissible or as having passed the tests prior to receipt of formal notice of approval. 
</P>
<CITA TYPE="N">[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 2718, Apr. 23, 1955; 43 FR 12314, Mar. 24, 1978; 60 FR 35693, July 11, 1996; 73 FR 52211, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 19.5" NODE="30:1.0.1.2.9.0.1.5" TYPE="SECTION">
<HEAD>§ 19.5   General requirements for approval.</HEAD>
<P>Electric cap lamps shall be complete units. They shall be durable in construction, practical in operation, and suitable for the conditions of underground service. They shall offer no probable explosion hazard if used in gassy or dusty mine atmospheres or bodily hazard from the spilling of the battery electrolyte. They shall exhibit, under laboratory test conditions, the various minimum performance requirements specified in this part. 


</P>
</DIV8>


<DIV8 N="§ 19.6" NODE="30:1.0.1.2.9.0.1.6" TYPE="SECTION">
<HEAD>§ 19.6   Specific requirements for approval.</HEAD>
<P>(a) <I>Design.</I> In the determination of the adequacy of the lamp, with respect to design, the following points will be considered: (1) The materials used; (2) construction; (3) weight; (4) amount of light; (5) distribution of light; and (6) exclusion of dust from the headpiece. The suitability of the materials and the construction shall be determined by preliminary inspection, by dropping tests, 
<SU>1</SU>
<FTREF/> by durability tests of the cord and cord armor, 
<SU>2</SU>
<FTREF/> and by the general behavior of the lamp equipment during the investigation. The amount and distribution of the light shall be judged both by observation of the illumination on a white screen and by photometric measurements.
</P>
<FTNT>
<P>
<SU>1</SU> Batteries are dropped 3 feet, at least 20 times onto an oak floor. Headpieces are dropped 6 feet, at least 20 times, onto concrete.</P></FTNT>
<FTNT>
<P>
<SU>2</SU> Ten cords, assembled with the cord armor and outlet of the lamp with which it is to be used, are slatted at least 100,000 times through an arc of 50 degrees at approximately 90 slattings per minute.</P></FTNT>
<P>(b) <I>Angle of light beam.</I> MSHA recommends that the angle of the light beam be at least 130 degrees horizontally to insure that the contrast edge of the beam is away from the more sensitive sector of the wearer's vision; however, to allow for manufacturing and assembly tolerances and the use of multiple filament bulbs, MSHA will approve lamps giving a minimum beam angle of 120 degrees. If the bulb has more than one major filament, the one giving the smaller angle will be used in the determination. 
</P>
<P>(c) <I>Light distribution, visual.</I> Excepting special headpieces for inspection purposes, the area illuminated by the beam shall be free from sharp gradations in light intensity and spectral shadows. 
</P>
<P>(d) <I>Light distribution, photometric.</I> (1) Excepting special headpieces for inspection purposes, the maximum candlepower of the light beam shall not be greater than 25 times the average or mean candlepower of the beam. 
<SU>3</SU>
<FTREF/>
</P>
<FTNT>
<P>
<SU>3</SU> The minimum allowable angle of 120 degrees will be used in determining the mean candlepower of the beam.</P></FTNT>
<P>(2) The minimum candlepower of the beam based upon readings at the design voltage of the bulb shall not be less than 1. 


</P>
</DIV8>


<DIV8 N="§ 19.7" NODE="30:1.0.1.2.9.0.1.7" TYPE="SECTION">
<HEAD>§ 19.7   Protection against explosion hazard.</HEAD>
<P>Unless properly designed, electric cap lamps may present two sources of probable explosion hazards: Ignition of an explosive atmosphere by the heated filament of the bulb in case the bulb glass is accidentally broken, and ignition by sparks or flashes from the battery. MSHA therefore requires the following safeguards: 
</P>
<P>(a) <I>Safety device or design.</I> The headpiece shall have a safety device to prevent the ignition of explosive mixtures of methane and air if the bulb glass surrounding the filament is broken. Alternatively, if the lamp is designed and constructed to prevent the ignition of explosive mixtures of methane and air by protecting the bulb from breakage and preventing exposure of the hot filament, no safety device is required.
</P>
<P>(b) <I>Headpiece lock or seal.</I> The headpiece shall be provided with a lock or seal to prevent unauthorized removal of the lens and tampering with the safety device, the bulb, or the electrical contacts. 
</P>
<P>(c) <I>Locks on charging terminals.</I> Lamps shall be equipped with a magnetic or other equally effective lock at the battery, the headpiece, or the cord assembly to prevent unauthorized access to live charging terminals. 
</P>
<P>(d) <I>Protection of battery terminals.</I> The battery covers of lamps that are recharged through the cord shall be so constructed and assembled as to prevent unauthorized access to the battery terminals. 
</P>
<P>(e) <I>Battery current restricted.</I> The amount of current flow between the conductors of the cord, if short-circuited just outside of the battery casing or cord armor, shall be limited by the design of the battery or by a fuse to such a value 
<SU>4</SU>
<FTREF/> as will not produce sparks that will ignite an explosive mixture of methane and air. 
</P>
<FTNT>
<P>
<SU>4</SU> The following maximum short-circuit current values may be used as a guide in the design of cap lamp batteries: 100 amperes for a 4-volt battery; 75 amperes for a 6-volt battery; 50 amperes for an 8-volt battery.</P></FTNT>
<P>(f) It shall not be possible to obtain a difference of potential between any two accessible points of the cap lamp when assembled for use.
</P>
<NOTE>
<HED>Note:</HED>
<P>Paragraph (a) of this section is issued under the authority of Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All other paragraphs in this section continue under the original authority.</P></NOTE>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 47 FR 11369, Mar. 16, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 19.8" NODE="30:1.0.1.2.9.0.1.8" TYPE="SECTION">
<HEAD>§ 19.8   Protection against bodily hazard.</HEAD>
<P>This hazard is chiefly due to the possible burning of the wearer by electrolyte spilled from the battery. MSHA therefore requires that: 
</P>
<P>(a) <I>Spilling of electrolyte.</I> The lamp shall be so designed and constructed that, when properly filled, the battery will neither leak nor spill electrolyte under actual service conditions. Lamps passing a laboratory spilling test will be considered satisfactory in this respect, contingent upon satisfactory performance in service. 
</P>
<P>(b) <I>Corrosion of battery container.</I> The material of which the container is made shall resist corrosion under conditions of use. 


</P>
</DIV8>


<DIV8 N="§ 19.9" NODE="30:1.0.1.2.9.0.1.9" TYPE="SECTION">
<HEAD>§ 19.9   Performance.</HEAD>
<P>In addition to the general design and the safety features, MSHA considers that a lamp of permissible type should meet certain minimum requirements with respect to performance, as follows: 
</P>
<P>(a) <I>Time of burning and candlepower.</I> Permissible electric cap lamps shall burn for at least 10 consecutive hours on one charge of the battery and shall give during that period a mean candlepower of light beam of not less than 1. 
</P>
<P>(b) <I>Bulb life.</I> The average life of the bulbs shall be not less than 200 hours, and at least 92 percent of the bulbs shall have a life of 150 hours. The life of a bulb is the number of hours its main filament will burn in the cap lamp or its equivalent.
</P>
<P>The life of a bulb having main filaments in parallel is considered ended when the first filament ceases to burn; the life of a bulb having independent main filament is considered ended when the last filament ceases to burn. 
</P>
<P>(c) <I>Bulb uniformity.</I> (1) The bulbs submitted shall meet the following minimum requirements for variation in current consumption and candlepower: 
</P>
<P>(2) The current consumption of at least 94 percent of the bulbs shall not exceed the average current by more than 6 percent. The candlepower (s. cp.) of at least 90 percent of the bulbs shall not fall short of the average candlepower by more than 30 percent. 
</P>
<P>(d) <I>Corrosion of contacts.</I> Battery terminals and leads therefrom, as well as the battery gas vents, shall be designed to minimize corrosion of the electrical contacts.
</P>
<CITA TYPE="N">[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 47 FR 11369, Mar. 16, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 19.10" NODE="30:1.0.1.2.9.0.1.10" TYPE="SECTION">
<HEAD>§ 19.10   Material required for MSHA records.</HEAD>
<P>In order that MSHA may know exactly what it has tested and approved, detailed records are kept covering each investigation. These include drawings and actual equipment, as follows: 
</P>
<P>(a) <I>Drawings.</I> The original drawings submitted with the application for the tests and the final drawings, which the manufacturer must submit to MSHA before the approval is granted, to show the details of the lamp as approved. These drawings are used to identify the lamp in the approval and as a means of checking the future commercial product of the manufacturer. 
</P>
<P>(b) <I>Actual equipment.</I> (1) If MSHA so desires, parts of the lamps which are used in the tests will be retained as a permanent record of the investigation and of the lamps submitted. 
</P>
<P>(2) If the lamp is approved, MSHA will require the manufacturer, as soon as his first manufactured lamps are available, to submit one complete lamp, bearing the approval plate, as a record of his commercial product. 


</P>
</DIV8>


<DIV8 N="§ 19.11" NODE="30:1.0.1.2.9.0.1.11" TYPE="SECTION">
<HEAD>§ 19.11   How approvals are granted.</HEAD>
<P>(a) All approvals are granted by official letter from MSHA. A lamp will be approved under this part only when the testing engineers judge that the lamp has met the requirements of the part and MSHA's records concerning the lamp are complete, including drawings from the manufacturer that show the lamp as it is to be commercially made. No verbal reports of MSHA's decisions, concerning the investigation will be given, and no informal approvals will be granted. 
</P>
<P>(b) As soon as the manufacturer has received the formal approval he shall be free to advertise his lamps as permissible. 
</P>
<CITA TYPE="N">[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 2718, Apr. 23, 1955]


</CITA>
</DIV8>


<DIV8 N="§ 19.12" NODE="30:1.0.1.2.9.0.1.12" TYPE="SECTION">
<HEAD>§ 19.12   Wording, purpose, and use of approval plate.</HEAD>
<P>(a) <I>Approval plate.</I> The manufacturer shall attach, stamp, or mold an approval plate on the battery container of each permissible lamp. The plate shall bear the emblem of the Mine Safety and Health Administration and be inscribed as follows: “Permissible Electric Cap Lamp. Approval No. ________ issued to the ________ Company.” When deemed necessary, an appropriate caution statement shall be added. The size and position of the approval plate shall be satisfactory to MSHA. 
</P>
<P>(b) <I>Purpose of approval plate.</I> The approval plate is a label which identifies the lamp so that anyone can tell at a glance whether or not the lamp is of the permissible type. By it, the manufacturer can point out that his lamp complies with specifications of MSHA and that it has been judged as suitable for use in gassy mines. 
</P>
<P>(c) <I>Use of approval plate.</I> Permission to place MSHA's approval plate on his lamp obligates the manufacturer to maintain the quality of his product and to see that each lamp is constructed according to the drawings which have been accepted by MSHA for this lamp and which are in MSHA's files. Lamps exhibiting changes in design which have not been approved are not permissible lamps and must not bear MSHA's approval plate. 
</P>
<P>(d) <I>Withdrawal of approval.</I> MSHA reserves the right to rescind, for cause, at any time any approval granted under this part.
</P>
<CITA TYPE="N">[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 43 FR 12314, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 19.13" NODE="30:1.0.1.2.9.0.1.13" TYPE="SECTION">
<HEAD>§ 19.13   Instructions for handling future changes in lamp design.</HEAD>
<P>All approvals are granted with the understanding that the manufacturer will make his lamp according to the drawings which he has submitted to MSHA and which have been considered and included in the approval. Therefore, when he desires to make any change in the design of the lamp, he should first of all obtain MSHA's approval of the change. The procedure is as follows: 
</P>
<P>(a)(1) The manufacturer shall write to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, requesting an extension of the original approval and stating the change or changes desired. With this letter the manufacturer should submit a revised drawing or drawings showing the changes in detail, and one of each of the changed lamp parts. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
</P>
<P>(b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests. 
</P>
<P>(c) If no tests are necessary, the applicant will be advised of the approval or disapproval of the change by letter from MSHA. 
</P>
<P>(d) If tests are judged necessary, the applicant will be advised of the material that will be required. 
</P>
<CITA TYPE="N">[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 2718, Apr. 23, 1955; 43 FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35693, July 11, 1995; 68 FR 36419, June 17, 2003; 73 FR 52211, Sept. 9, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="20" NODE="30:1.0.1.2.10" TYPE="PART">
<HEAD>PART 20—ELECTRIC MINE LAMPS OTHER THAN STANDARD CAP LAMPS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>Schedule 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 20.0" NODE="30:1.0.1.2.10.0.1.1" TYPE="SECTION">
<HEAD>§ 20.0   Compliance with the requirements necessary for obtaining approval.</HEAD>
<P>To receive approval of MSHA for any electric mine lamps other than standard cap lamps a manufacturer must comply with the requirements specified in this part. 


</P>
</DIV8>


<DIV8 N="§ 20.1" NODE="30:1.0.1.2.10.0.1.2" TYPE="SECTION">
<HEAD>§ 20.1   Purpose.</HEAD>
<P>(a) The purpose of the investigations made under this part is to aid in the development and use of electric lamps, other than standard cap lamps, that may be used in mines, especially in mines that may contain dangerous proportions of methane. 
</P>
<P>(b) This part supersedes Schedule 10B, issued under date of June 1, 1932, and Schedule 11A, issued under date of January 13, 1936, and goes into effect May 17, 1938. 
</P>
<P>(c)(1) Electric lamps and flashlights that meet the requirements set forth in this part will be termed “permissible” by MSHA, and if actively marketed will be listed as such in publications relating to permissible equipment, in order that State mine inspection departments, compensation bureaus, mine operators, miners, and others interested in safety equipment for mines may have information in regard to electric lamps and flashlights approved by MSHA. 
</P>
<P>(2) MSHA May approve electric lamps and flashlights that incorporate technology for which the requirements of this part are not applicable if MSHA determines by testing that the electric lamps or flashlights are as safe as those which meet the requirements of this part.
</P>
<CITA TYPE="N">[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 54 FR 30513, July 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 20.2" NODE="30:1.0.1.2.10.0.1.3" TYPE="SECTION">
<HEAD>§ 20.2   Definitions.</HEAD>
<P>(a) <I>Adequate.</I> Appropriate and sufficient as determined by mutual agreement between the manufacturer and MSHA. 
</P>
<P>(b) <I>Approval.</I> Official notification in writing from MSHA to a responsible organization, stating that upon investigation its lamp has been adjudged satisfactory under the requirements of this part. 
</P>
<P>(c) <I>Explosion-proof compartment.</I> An enclosure that withstands internal explosions of methane-air mixtures without damage to itself or discharge of flame and without ignition of surrounding explosive methane-air mixtures. 
</P>
<P>(d) <I>Permissible.</I> Completely assembled and conforming in every respect with the design formally approved by MSHA under this part. (Approvals under this part are given only to equipment for use in gassy and dusty mines.) 
</P>
<CITA TYPE="N">[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2718, Apr. 23, 1955]


</CITA>
</DIV8>


<DIV8 N="§ 20.3" NODE="30:1.0.1.2.10.0.1.4" TYPE="SECTION">
<HEAD>§ 20.3   Application procedures and requirements.</HEAD>
<P>(a) Before MSHA will undertake the active investigation of any lamp, the applicant shall make application by letter for an investigation of the lamp. This application shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, together with the required drawings, one complete lamp, and instructions for its operation. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(b) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(3) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required under this part. 
</P>
<P>(c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.
</P>
<CITA TYPE="N">[68 FR 36420, June 17, 2003, as amended at 70 FR 46343, Aug. 9, 2005; 73 FR 52211, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 20.4" NODE="30:1.0.1.2.10.0.1.5" TYPE="SECTION">
<HEAD>§ 20.4   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 20.5" NODE="30:1.0.1.2.10.0.1.6" TYPE="SECTION">
<HEAD>§ 20.5   Conditions governing investigations.</HEAD>
<P>(a) One complete lamp, with assembly and detail drawings that show the construction of the lamp and the materials of which it is made, should be submitted at the time the application for investigation is made. This material should be sent prepaid to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<P>(b) When the lamp has been inspected by MSHA, the applicant will be notified as to the amount of material that will be required for the test. He will also be notified of the date on which the tests will start and will be given an opportunity to witness the tests. 
</P>
<P>(c) <I>Observers at formal investigations and demonstrations.</I> No one shall be present during any part of the formal investigation conducted by MSHA which leads to approval for permissibility except the necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon by the applicant and MSHA. Upon granting approval for permissibility, MSHA will announce that such approval has been granted to the device and may thereafter conduct, from time to time in its discretion, public demonstrations of the tests conducted on the approved device. Those who attend any part of the investigation, or any public demonstration, shall be present solely as observers; the conduct of the investigation and of any public demonstration shall be controlled by MSHA. Results of chemical analyses of material and all information contained of material and all information contained in the drawings, specifications, and instructions shall be deemed confidential and their disclosure will be appropriately safeguarded by MSHA. 
</P>
<P>(d) Permissibility tests will not be made unless the lamp is complete and in a form that can be marketed. 
</P>
<P>(e) The results of the tests shall be regarded as confidential by all present at the tests and shall not be made public in any way prior to the formal approval of the lamp by MSHA. 
</P>
<P>(f) No verbal report of approval or disapproval will be made to the applicant. Approval will be made only in writing by MSHA. The applicant shall not be free to advertise the lamp as being permissible, or as having passed the tests, prior to receipt of formal notice of approval. 
</P>
<CITA TYPE="N">[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2719, Apr. 23, 1955; 43 FR 12314, Mar. 24, 1978; 60 FR 35693, July 11, 1995; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 20.6" NODE="30:1.0.1.2.10.0.1.7" TYPE="SECTION">
<HEAD>§ 20.6   General requirements.</HEAD>
<P>(a) The lamps shall be durable in construction, practical in operation, and suitable for the service for which they are designed and approved. 
</P>
<P>(b) The intensity of light, distribution of light, and battery capacity shall be adequate for the use for which the lamp is intended. 
</P>
<P>(c) Battery terminals and leads therefrom, as well as the battery gas vents, shall be designed to minimize corrosion of the electrical contacts. 
</P>
<P>(d) Bulbs and other replacement parts of the lamps shall be adequately marked as a means of identification. 


</P>
</DIV8>


<DIV8 N="§ 20.7" NODE="30:1.0.1.2.10.0.1.8" TYPE="SECTION">
<HEAD>§ 20.7   Specific requirements.</HEAD>
<P>Two general classes of electric lamps are recognized in these requirements, namely: Class 1, those that are self-contained and easily carried by hand, and class 2, those that may or may not be self-contained and not so readily portable as the first class. 
</P>
<P>(a) <I>Class 1.</I> Class 1 includes hand lamps, signal lamps, inspection lamps, flashlights, and animal lamps which are operated by small storage batteries or dry cells. 
</P>
<P>(b) <I>Class 2.</I> Class 2 includes lamps such as the pneumatic-electric types and large battery lamps. 


</P>
</DIV8>


<DIV8 N="§ 20.8" NODE="30:1.0.1.2.10.0.1.9" TYPE="SECTION">
<HEAD>§ 20.8   Class 1 lamps.</HEAD>
<P>(a) <I>Protection against explosion hazards.</I> Unless properly designed, class 1 lamps present two sources of probable explosion hazards: Ignition of an explosive atmosphere by the heated filament of the bulb in case the bulb glass is accidentally broken, and ignition by electric sparks or arcs from the battery or connections thereto. MSHA's therefore, requires the following safeguards: 
</P>
<P>(1) <I>Safety device or design.</I> The lighting unit shall have a safety device to prevent the ignition of explosive mixtures of methane and air if the bulb glass surrounding the filament is broken. Alternatively, if the lamp is designed and constructed of materials that will prevent the ignition of explosive mixtures of methane and air by protecting the bulb from breakage and preventing exposure of the hot filament, no separate safety device is required. Alternative designs will be evaluated by mechanical impact tests, temperature tests and thermal shock tests to determine that the protection provided is no less effective than a safety device.
</P>
<P>(2) <I>Safety device</I> (<I>protection</I>). The design of the safety device and the housing which protects it shall be such that the action of the safety device is positive; yet the lamp shall not be too readily extinguished during normal service by the unnecessary operation of the device. 
</P>
<P>(3) <I>Locks or seals.</I> For lamps other than flashlights, all parts, such as bulb housing and battery container, through which access may be had to live terminals or contacts shall be adequately sealed or equipped with magnetic or other equally reliable locks to prevent opening by unauthorized persons. For flashlights, provision shall be made for sealing the battery container. 
</P>
<P>(4) <I>Battery current restricted.</I> Unless all current-carrying parts including conductors, are adequately covered and protected by the sealed or locked compartments, the maximum possible current flow through that part shall be limited by battery design, or by an enclosed-type fuse inside the sealed or locked container, to values that will not produce sparks or arcs sufficient to ignite an explosive mixture of methane and air. 
</P>
<P>(b) <I>Protection against bodily hazard.</I> This hazard is chiefly due to the possible burning of the user by electrolyte spilled from the battery. MSHA, therefore, requires that: 
</P>
<P>(1) <I>Spilling of electrolyte.</I> The lamp shall be so designed and constructed that when properly filled the battery will neither leak nor spill electrolyte under conditions of normal use. Lamps passing a laboratory spilling test will be considered satisfactory in this respect, contingent upon satisfactory performance in service. 
</P>
<P>(2) <I>Corrosion of battery container.</I> The material of which the container is made shall resist corrosion under conditions of normal use. 
</P>
<CITA TYPE="N">[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 54 FR 30513, July 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 20.9" NODE="30:1.0.1.2.10.0.1.10" TYPE="SECTION">
<HEAD>§ 20.9   Class 2 lamps.</HEAD>
<P>(a) <I>Safety.</I> (1) Unless special features of the lamp prevent ignition of explosive mixtures of methane and air by the broken bulb or other igniting sources within the lamp, the bulb and all spark-producing parts must be enclosed in explosion-proof compartments. 
</P>
<P>(2) Explosion-proof compartments will be tested while filled and surrounded with explosive mixtures of Pittsburgh natural gas 
<SU>1</SU>
<FTREF/> and air. A sufficient number of tests of each compartment will be made to prove that there is no danger of ignition of the mixture surrounding the lamp by explosions within the compartment. The lamp will not pass the above tests, even though the surrounding explosive mixtures are not ignited, if external flame is observed, if excessive pressures are developed, or if excessive distortion of any part of the compartment takes place. 
</P>
<FTNT>
<P>
<SU>1</SU> Investigation has shown that for practical purposes Pittsburgh natural gas (containing a high percentage of methane) is a satisfactory substitute for pure methane.</P></FTNT>
<P>(3) Glass-enclosed parts of such compartments must be guarded and be of extra-heavy glass to withstand pick blows, and be adequately protected by shrouds or by an automatic cut-out that opens the lamp circuit if the enclosure is broken. 
</P>
<P>(4) When an explosion-proof enclosure consists of two or more parts that are held together securely by bolts or some suitable means to permit assembly, the flanges comprising the joints between parts shall have surfaces with metal-to-metal contact, except enclosures requiring glass, in which case glass-to-metal joints are permitted. Gaskets, if adequate, may be used to obtain a firm seat for the glass but not elsewhere. Rubber, putty, and plaster of paris are not acceptable as material for gaskets. For enclosures having an unoccupied volume (air space) of more than 60 cubic inches the width of the joint measured along the shortest flame path from the inside to the outside of the enclosure shall not be less than 1 inch. When the unoccupied volume (air space) is less than 60 cubic inches, this path shall not be less than three-fourths inch. 
</P>
<P>(b) <I>Locks and seals</I> (<I>lighting attachment</I>). Explosion-proof compartments shall be equipped with seals or locks that prevent unauthorized and unsafe opening of the compartments in a mine. 
</P>
<P>(c) <I>Locks or seals</I> (<I>battery</I>). The battery shall be enclosed in a locked or sealed container that will prevent exposure of live terminals. 
</P>
<P>(d) <I>Temperature of lamp.</I> The temperature of the lamp under conditions of use shall not be such that a person may be burned in handling it. 
</P>
<P>(e) <I>Cable and connection.</I> (1) The cable or cord connecting the lamp to its battery shall be of high-grade design and materials, comparable to the specially recommended trailing cables as listed by MSHA, and shall be not more than 15 feet in length. 
</P>
<P>(2) The cable (or cord) shall be adequately protected at the battery end by a fuse in the locked battery box or housing. The cable (or cord) and the fuse shall be considered parts of the lamp, and specifications for them shall be submitted by the lamp manufacturer. 
</P>
<P>(3) The method of terminating the cable (or cord) at the lamp and at the battery housing shall be adequate, but in no case shall the cable or cord be detachable.
</P>
<FP>MSHA reserves the right to make minor changes in the requirements outlined in paragraphs (e) (1), (2), and (3) of this section (No. 9, class 2 lamps), as experience and service prove to be necessary in the interests of safety. 


</FP>
</DIV8>


<DIV8 N="§ 20.10" NODE="30:1.0.1.2.10.0.1.11" TYPE="SECTION">
<HEAD>§ 20.10   Tests (class 1 and 2 lamps).</HEAD>
<P>Such tests will be made as are necessary to prove the adequacy of a lamp or any of its parts in fulfilling the purposes for which it was designed. These tests include the following: 
</P>
<P>(a) Safety tests, including tests of safety devices, electrical contacts, and explosion-proof features. 
</P>
<P>(b) Photometric tests. 
</P>
<P>(c) Tests to demonstrate adequacy of mechanical strength. 
</P>
<P>(d) Tests of nonspilling features (storage-battery lamps of class 1). 
</P>
<P>(e) Temperature tests. 


</P>
</DIV8>


<DIV8 N="§ 20.11" NODE="30:1.0.1.2.10.0.1.12" TYPE="SECTION">
<HEAD>§ 20.11   Material required for MSHA records.</HEAD>
<P>In order that MSHA may know exactly what it has tested and approved, detailed records are kept covering each investigation. These include drawings and actual equipment, as follows: 
</P>
<P>(a) <I>Drawings.</I> The original drawings submitted with the application for the tests and the final drawings which the manufacturer must submit to MSHA before approval is granted, to show the details of the lamp as approved, are retained. These drawings are used to identify the lamp and its parts in the approval and as a means of checking the future commercial product of the manufacturer. 
</P>
<P>(b) <I>Equipment.</I> (1) If MSHA so desires, parts of the lamps which are used in the tests will be retained as a permanent record of the investigation and of the lamps submitted. 
</P>
<P>(2) If the lamp is approved, MSHA will require the manufacturer, as soon as his first manufactured lamps are available, to submit one complete lamp, with the approval plate attached, as a record of his commercial product. 


</P>
</DIV8>


<DIV8 N="§ 20.12" NODE="30:1.0.1.2.10.0.1.13" TYPE="SECTION">
<HEAD>§ 20.12   How approvals are granted.</HEAD>
<P>(a) All approvals are granted by official letter from MSHA. A lamp will be approved under this part only when the testing engineers judge that the lamp has met the requirements of this part and after MSHA's records concerning the lamp are complete, including manufacturer's drawings that show the lamp as it is to be made commercially. No verbal reports of MSHA's decision concerning the investigation will be given, and no informal approvals will be granted. 
</P>
<P>(b) As soon as the manufacturer has received the formal approval he shall be free to advertise his lamp as permissible. 
</P>
<CITA TYPE="N">[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2719, Apr. 23, 1955]


</CITA>
</DIV8>


<DIV8 N="§ 20.13" NODE="30:1.0.1.2.10.0.1.14" TYPE="SECTION">
<HEAD>§ 20.13   Approval plate.</HEAD>
<P>The manufacturer shall attach, stamp, or mold an approval plate on the battery container or housing of each permissible lamp. The plate shall bear the emblem of the Mine Safety and Health Administration, and be inscribed as follows: “Permissible __________ Lamp. Approval No. ____________________ issued to the ____________________ Company.” When deemed necessary, an appropriate caution statement shall be added. The size, material, and position of the approval plate shall be satisfactory to MSHA. 
</P>
<P>(a) <I>Purpose of approval plate.</I> The approval plate is a label which identifies the lamp so that anyone can tell at a glance whether the lamp is of the permissible type or not. By it the manufacturer can point out that his lamp complies with specifications of MSHA and that it has been adjudged safe for use in gassy and dusty mines. 
</P>
<P>(b) <I>Use of approval plate.</I> Permission to place MSHA's approval plate on his lamp obligates the manufacturer to maintain the quality of his product and to see that each lamp is constructed according to the drawings which have been accepted by MSHA for this lamp and which are in the MSHA files. Lamps exhibiting changes in design which have not been approved are not permissible lamps and must not bear MSHA's approval plate. 
</P>
<P>(c) <I>Withdrawal of approval.</I> MSHA reserves the right to rescind for cause at any time any approval granted under this part.
</P>
<CITA TYPE="N">[Sched. 10C, May 17, 1938, as amended at 5 FR 3467, Aug. 30, 1940; 43 FR 12314, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 20.14" NODE="30:1.0.1.2.10.0.1.15" TYPE="SECTION">
<HEAD>§ 20.14   Instructions for handling future changes in lamp design.</HEAD>
<P>All approvals are granted with the understanding that the manufacturer will make the lamp according to the drawings submitted to MSHA, which have been considered and included in the approval. Therefore, when the manufacturer desires to make any change in the design of the lamp, the manufacturer should first obtain an extension of the original approval to cover the change. The procedure is as follows: 
</P>
<P>(a)(1) The manufacturer shall write to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, requesting an extension of the original approval and describing the change or changes proposed. With this letter the manufacturer should submit a revised drawing or drawings showing the changes in detail, and one of each of the changed lamp parts. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests. 
</P>
<P>(c) If no tests are necessary, the applicant will be advised of the acceptance or rejection of the proposed change by letter from MSHA. 
</P>
<P>(d) If tests are judged necessary, the applicant will be advised of the material that will be required. 
</P>
<CITA TYPE="N">[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2719, Apr. 23, 1955; 43 FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35693, July 11, 1995; 68 FR 36420, June 17, 2003; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="22" NODE="30:1.0.1.2.11" TYPE="PART">
<HEAD>PART 22—PORTABLE METHANE DETECTORS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>Schedule 8C, Oct. 31, 1935, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 22.0" NODE="30:1.0.1.2.11.0.1.1" TYPE="SECTION">
<HEAD>§ 22.0   Compliance with the requirements necessary for obtaining approval.</HEAD>
<P>To receive approval of MSHA for any portable methane detectors a manufacturer must comply with the requirements specified in this part. 


</P>
</DIV8>


<DIV8 N="§ 22.1" NODE="30:1.0.1.2.11.0.1.2" TYPE="SECTION">
<HEAD>§ 22.1   Purpose.</HEAD>
<P>(a) The purpose of investigations under this part is to provide portable methane detectors that may be safely used in mines. Lists of such detectors will be published from time to time in order that State mine-inspection departments, compensation bureaus, mine operators, miners, and others interested in safe equipment for mines may have information in regard to permissible methane detectors. This part supersedes Schedule 8B, issued under date of November 17, 1926, and goes into effect October 31, 1935. 
</P>
<P>(b) Any methane detector that meets the requirements set forth in this part will be termed permissible by MSHA and if actively marketed will be listed as such in publications relating to permissible mining equipment. 


</P>
</DIV8>


<DIV8 N="§ 22.2" NODE="30:1.0.1.2.11.0.1.3" TYPE="SECTION">
<HEAD>§ 22.2   Definitions.</HEAD>
<P>(a) <I>Methane detector.</I> A methane detector is a device that may be used to detect the presence of methane in a gassy mine. 
</P>
<P>(b) <I>Methane-indicating detector.</I> A methane-indicating detector is a device that will show, within certain limits of error, on an adequate scale, the percentage of methane in a gassy atmosphere. 
</P>
<P>(c) <I>Permissible.</I> Completely assembled and conforming in every respect with the design formally approved by MSHA under this part. (Approvals under this part are given only to equipment for use in gassy and dusty mines.) 
</P>
<CITA TYPE="N">[Sched. 8C, Oct. 31, 1955, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955] 


</CITA>
</DIV8>


<DIV8 N="§ 22.3" NODE="30:1.0.1.2.11.0.1.4" TYPE="SECTION">
<HEAD>§ 22.3   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 22.4" NODE="30:1.0.1.2.11.0.1.5" TYPE="SECTION">
<HEAD>§ 22.4   Application procedures and requirements.</HEAD>
<P>(a) Before MSHA will undertake an active investigation leading to approval of any methane detector, the applicant shall make application by letter for an investigation leading to approval of the detector. This application shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, together with the required drawings, one complete detector, and instructions for its operation. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(b) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(3) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.
</P>
<CITA TYPE="N">[68 FR 36420, June 17, 2003, as amended at 70 FR 46343, Aug. 9, 2005; 70 FR 48872, Aug. 22, 2005; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 22.5" NODE="30:1.0.1.2.11.0.1.6" TYPE="SECTION">
<HEAD>§ 22.5   Conditions governing investigations.</HEAD>
<P>(a) One complete detector, with assembly and detail drawings that show the construction of the device and the materials of which it is made, should be forwarded prepaid to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, at the time the application for tests is made.
</P>
<P>(b) When this has been inspected by MSHA, the applicant will be notified as to the amount of material that will be required for the tests. The manufacturer will be notified of the date on which the tests will be started and will be given an opportunity to witness the tests. 
</P>
<P>(c) <I>Observers at formal investigations and demonstrations.</I> No one shall be present during any part of the formal investigation conducted by MSHA which leads to approval for permissibility except the necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon by the applicant and MSHA. Upon granting approval for permissibility, MSHA will announce that such approval has been granted to the device and may thereafter conduct, from time to time in its discretion, public demonstrations of the tests conducted on the approved device. Those who attend any part of the investigation, or any public demonstration, shall be present solely as observers; the conduct of the investigation and of any public demonstration shall be controlled by MSHA. Results of chemical analyses of material and all information contained in the drawings, specifications, and instructions shall be deemed confidential and their disclosure will be appropriately safeguarded by MSHA. 
</P>
<CITA TYPE="N">[Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955; 43 FR 12315, Mar. 24, 1978; 60 FR 35694, July 11, 1995; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 22.6" NODE="30:1.0.1.2.11.0.1.7" TYPE="SECTION">
<HEAD>§ 22.6   General requirements.</HEAD>
<P>Methane detectors approved under this part shall be portable. They shall be durable in construction, practical in operation, and suitable for service conditions underground. They shall offer no probable explosion hazard if used in gaseous mine atmospheres nor any bodily hazard, such as spilling of battery electrolyte. They shall exhibit under laboratory test conditions various requirements of minimum performance that are specified in this part. 


</P>
</DIV8>


<DIV8 N="§ 22.7" NODE="30:1.0.1.2.11.0.1.8" TYPE="SECTION">
<HEAD>§ 22.7   Specific requirements.</HEAD>
<P>(a) <I>Design.</I> In the determination of adequacy of design, the following points will be considered: (1) Materials used, (2) construction, (3) accuracy, (4) size and shape, (5) range of detection (or indication), (6) life of the active parts, and (7) attention required. The suitability of the materials and the construction shall be determined by preliminary inspection, by dropping tests, by laboratory and field tests in gas and air mixtures, and by the general behavior of the equipment during the investigation. 
</P>
<P>(b) <I>Safety against explosion hazard</I>—(1) <I>Detectors.</I> Detectors shall be constructed so that they will not cause external ignitions when used in gaseous mine atmospheres. 
</P>
<P>(2) <I>Seals or locks.</I> All parts through which external ignitions might result shall be covered and protected adequately. All covers shall be sealed adequately or equipped with magnetic or other equally reliable locks to prevent their being opened by unauthorized persons. 
</P>
<P>(3) <I>Glasses.</I> Glasses or glass windows shall be of good-quality glass and protected adequately against breakage. Unguarded windows may be considered adequate in this respect, provided they are of small diameter and are of reasonably thick glass. 
</P>
<P>(4) <I>Battery.</I> If the detector is equipped with a battery, it shall be of such design that it will not produce sparks that will ignite an explosive mixture of methane and air. 
</P>
<P>(5) <I>Detectors of the flame type.</I> Methane detectors of the flame type shall be subject to the requirements of the flame-lamp schedule then in force. 
</P>
<P>(c) <I>Safety against bodily hazard.</I> Bodily hazard with battery-type detectors is due chiefly to possible burning of the user by electrolyte that has spilled from the battery. MSHA, therefore, requires that: 
</P>
<P>(1) <I>Spilling of electrolyte.</I> The battery shall be so designed and constructed that when properly filled it will not spill electrolyte under actual service conditions. 
</P>
<P>(2) <I>Corrosion of battery container.</I> The material of which the container is made shall resist corrosion under conditions of use. 
</P>
<P>(d) <I>Performance.</I> In addition to the general design and safety features, MSHA considers that permissible types of methane detectors should meet certain minimum requirements with respect to their performance, as follows: 
</P>
<P>(1) <I>Detectors.</I> (i) When the detector is operated according to the manufacturer's instructions, it shall be possible to detect at least 1 percent methane in air, and increasing percentages up to 5 percent shall be shown by continuously increasing evidence. 
</P>
<P>(ii) The average number of determinations that may be made in approximately 2-percent methane mixtures without recharging a battery or replacing a chemical accessory shall not be less than 25, and the average number of such determinations that may be made without replacing any other part shall be not less than 100. 
</P>
<P>(2) <I>Indicating detectors.</I> Indicating detectors shall give indications of as low as 0.25 percent methane. Detectors having an upper scale limit of 2 percent may be approved, but it is recommended that the detector be designed to give indications of as high as 4 percent methane. The indications for these percentages shall be within the limits of error specified in the following table: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Allowable Variations in Scale Reading
</P><P class="gpotbl_description">[In percent]
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Methane in mixtures
</TH><TH class="gpotbl_colhed" scope="col">Minimum indication
</TH><TH class="gpotbl_colhed" scope="col">Maximum indication
</TH></TR><TR><TD align="right" class="gpotbl_cell" scope="row">0.25</TD><TD align="right" class="gpotbl_cell">0.10</TD><TD align="right" class="gpotbl_cell">0.40
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">.50</TD><TD align="right" class="gpotbl_cell">.35</TD><TD align="right" class="gpotbl_cell">.65
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">1.00</TD><TD align="right" class="gpotbl_cell">.80</TD><TD align="right" class="gpotbl_cell">1.20
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">2.00</TD><TD align="right" class="gpotbl_cell">1.80</TD><TD align="right" class="gpotbl_cell">2.20
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">3.00</TD><TD align="right" class="gpotbl_cell">2.70</TD><TD align="right" class="gpotbl_cell">3.30
</TD></TR><TR><TD align="right" class="gpotbl_cell" scope="row">4.00</TD><TD align="right" class="gpotbl_cell">3.70</TD><TD align="right" class="gpotbl_cell">4.30</TD></TR></TABLE></DIV></DIV>
<P>(i) Tests shall be made at several percentages within the range of the indicating detector and at temperatures between the limits of 50° and 70 °F. by increments of 5°. Ten determinations shall be made at each percentage. Neither the average of the 10 readings nor more than 2 readings for each percentage shall exceed the limits of error given in the table. 
</P>
<P>(ii) The average number of determinations that may be made with an indicating detector without replacement of any part shall be not less than 30, and the average number that may be made without recharging the battery shall be not less than 15. 
</P>
<P>(iii) The scale shall not be subdivided into smaller divisions than the general accuracy of the indicating detector warrants. 
</P>
<P>(3) <I>Mechanical strength.</I> Detectors and indicating detectors shall be subjected to the following mechanical tests: Four of each of those parts or groups of assembled parts that are not normally strapped to the user shall be dropped 20 times on a wood floor from a height of 3 feet. Parts that are strapped to the user may be subjected to a jarring or bumping test to demonstrate adequate strength. The average number of times that any one of the detectors can be dropped before breakage or material distortion of essential parts shall be not less than 10. 
</P>
<P>(e) <I>Attachments for illumination.</I> If detectors are provided with attachments for illuminating purposes, such attachments shall be subject to the same requirements as those applying to that type of lamp under the lamp schedule then in force. 


</P>
</DIV8>


<DIV8 N="§ 22.8" NODE="30:1.0.1.2.11.0.1.9" TYPE="SECTION">
<HEAD>§ 22.8   Material required for MSHA records.</HEAD>
<P>In order that MSHA may know exactly what it has tested and approved, it keeps detailed records covering each investigation. These records include drawings and actual equipment as follows: 
</P>
<P>(a) <I>Drawings.</I> The original drawings submitted with the application for the tests and the final drawings which the manufacturer must submit to MSHA before the approval is granted to show the details of the detector as approved, are retained. These drawings are used to identify the detector in the approval and as a means of checking the future commercial product of the manufacturer. 
</P>
<P>(b) <I>Actual equipment.</I> If MSHA so desires, parts of the detectors that are used in the tests will be retained as records of the equipment submitted. If the detector is approved, MSHA will require the manufacturer to submit one of his detectors, with the approval plate attached, as a record of his commercial product. 


</P>
</DIV8>


<DIV8 N="§ 22.9" NODE="30:1.0.1.2.11.0.1.10" TYPE="SECTION">
<HEAD>§ 22.9   How approvals are granted.</HEAD>
<P>All approvals are granted by official letter from MSHA. A detector will be approved under this part only when the testing engineers have judged that it has met the requirements of the schedule and MSHA's records are complete, including drawings from the manufacturer that show the detector as it is to be commercially made. No verbal reports of the investigation will be given and no informal approvals will be granted. As soon as the manufacturer has received the formal approval, he shall be free to advertise his detector as permissible. 
</P>
<CITA TYPE="N">[Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955]


</CITA>
</DIV8>


<DIV8 N="§ 22.10" NODE="30:1.0.1.2.11.0.1.11" TYPE="SECTION">
<HEAD>§ 22.10   Approval plate.</HEAD>
<P>(a) <I>Attachment to be made by manufacturers.</I> (1) Manufacturers shall attach, stamp, or mold an approval plate on each permissible methane detector. The plate shall bear the emblem of the Mines Safety and Health Administration and be inscribed as follows: 
</P>
<EXTRACT>
<P>Permissible Methane Detector (or Permissible Methane Indicating Detector) Approval No. ______ issued to the ______________ Company.</P></EXTRACT>
<P>(2) When deemed necessary, an appropriate caution statement shall be added. The size and position of the approval plate shall be satisfactory to MSHA. 
</P>
<P>(b) <I>Purpose of approval plate.</I> The approval plate is a label that identifies the device so that anyone can tell at a glance whether it is of the permissible type or not. By the plate, the manufacturer can point out that his detector complies with MSHA's requirements and that it has been approved for use in gassy mines. 
</P>
<P>(c) <I>Use of approval plate.</I> Permission to place MSHA's approval plate on his detector obligates the manufacturer to maintain the quality of his product and to see that each detector is constructed according to the drawings that have been accepted by MSHA and are in MSHA's files. Detectors exhibiting changes in design that have not been approved are not permissible and must not bear MSHA's approval plate. 
</P>
<P>(d) <I>Withdrawal of approval.</I> MSHA reserves the right to rescind for cause at any time any approval granted under this part.
</P>
<CITA TYPE="N">[Sched. 8C, Oct. 31, 1935, as amended at 43 FR 12315, Mar. 24, 1978] 


</CITA>
</DIV8>


<DIV8 N="§ 22.11" NODE="30:1.0.1.2.11.0.1.12" TYPE="SECTION">
<HEAD>§ 22.11   Instructions on handling future changes in design.</HEAD>
<P>All approvals are granted with the understanding that the manufacturer will make the detector according to the drawings submitted to MSHA which have been considered and included in the approval. Therefore, when the manufacturer desires to make any changes in the design, the manufacturer should first obtain MSHA's approval of the change. The procedure is as follows: 
</P>
<P>(a)(1) The manufacturer must write to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, requesting an extension of the original approval and stating the change or changes desired. With this request, the manufacturer should submit a revised drawing or drawings showing changes in detail, together with one of each of the parts affected. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
</P>
<P>(b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests. 
</P>
<P>(c) If no tests are necessary, the applicant will be advised of the approval or disapproval of the change by letter from MSHA. 
</P>
<P>(d) If tests are judged necessary, the applicant will be advised of the material that will be required. 
</P>
<CITA TYPE="N">[Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955; 43 FR 12315, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35694, July 11, 1995; 68 FR 36420, June 17, 2003; 73 FR 52212, Sept. 9, 2008] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="23" NODE="30:1.0.1.2.12" TYPE="PART">
<HEAD>PART 23—TELEPHONES AND SIGNALING DEVICES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE><P>Sec. 23.2(f) also issued under 30 U.S.C. 811.
</P></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>Schedule 9B, 4 FR 1555, Apr. 11, 1939, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 23.1" NODE="30:1.0.1.2.12.0.1.1" TYPE="SECTION">
<HEAD>§ 23.1   Purpose.</HEAD>
<P>(a) The purpose of investigations under this part is to promote the development of telephones and signaling devices that may be used safely in mines, especially in coal mines that may have gassy or dust-laden atmospheres. This schedule supersedes Schedule 9A, issued under date of December 5, 1922, and becomes effective October 18, 1938. 
</P>
<P>(b) Telephones and signaling devices approved under the requirements of this part will be termed “permissible” by MSHA, and if actively marketed will be listed as such in publications relating to permissible equipment, for the information of State mine inspection departments, compensation bureaus, mine operators, miners, and others interested in safety equipment for mines. 


</P>
</DIV8>


<DIV8 N="§ 23.2" NODE="30:1.0.1.2.12.0.1.2" TYPE="SECTION">
<HEAD>§ 23.2   Definitions.</HEAD>
<P>(a) <I>Adequate</I> means appropriate and sufficient, as determined by mutual agreement of the manufacturer, operators, and MSHA. 
</P>
<P>(b) <I>Approval</I> means official notification by letter, from MSHA to a responsible organization, stating that the device under consideration has been judged to meet the requirements of this part. 
</P>
<P>(c) <I>Normal operation</I> means the performance by each part of the device of those functions for which the part was designed. 
</P>
<P>(d) <I>Permissible</I> as used in this part means completely assembled and conforming in every respect with the design formally approved by MSHA under this part. (Approvals under this part are given only to equipment for use in gassy and dusty mines.) 
</P>
<P>(e) <I>Protected</I> means effectively covered, enclosed, or otherwise guarded by adequate covers. 
</P>
<P>(f) <I>Signaling device.</I> As used in this part, a signaling device is one that gives visual or audible signals.
</P>
<P>(g) <I>MESA</I> means the United States Department of the Interior, Mining Enforcement and Safety Administration. Predecessor organization to MSHA, prior to March 9, 1978.
</P>
<P>(h) <I>MSHA</I> means the U.S. Department of Labor, Mine Safety and Health Administration.
</P>
<NOTE>
<HED>Note:</HED>
<P>Paragraph (f) of this section is issued under the authority of Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All other paragraphs in this section continue under the original authority.</P></NOTE>
<CITA TYPE="N">[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, May 4, 1955; 39 FR 24001, June 28, 1974; 43 FR 12315, Mar. 24, 1978; 47 FR 11370, Mar. 16, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 23.3" NODE="30:1.0.1.2.12.0.1.3" TYPE="SECTION">
<HEAD>§ 23.3   Application procedures and requirements.</HEAD>
<P>(a) Before MSHA will undertake an active investigation leading to approval of any telephone or signaling device, the applicant shall make application by letter for an investigation leading to approval of the device. This application shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, together with the required drawings, one complete telephone or signaling device, and instructions for its operation. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(b) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(3) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.
</P>
<CITA TYPE="N">[68 FR 36421, June 17, 2003, as amended at 70 FR 46343, Aug. 9, 2005; 70 FR 48872, Aug. 22, 2005; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 23.4" NODE="30:1.0.1.2.12.0.1.4" TYPE="SECTION">
<HEAD>§ 23.4   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 23.5" NODE="30:1.0.1.2.12.0.1.5" TYPE="SECTION">
<HEAD>§ 23.5   Conditions governing investigations.</HEAD>
<P>(a) One complete device together with assembly and detail drawings that show its construction and the materials of which the parts are made, shall be submitted preferably at the time the application for test is made. These shall be sent prepaid to: Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<P>(b) After the device has been inspected by MSHA, the applicant will be notified as to the amount of material that he will be required to supply for the tests and of the date on which testing will be started. 
</P>
<P>(c) <I>Observers at formal investigations and demonstrations.</I> No one shall be present during any part of the formal investigation conducted by MSHA which leads to approval for permissibility except the necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon by the applicant and MSHA. Upon granting approval for permissibility, MSHA will announce that such approval has been granted to the device and may thereafter conduct, from time to time in its discretion, public demonstrations of the tests conducted on the approved device. Those who attend any part of the investigation, or any public demonstration, shall be present solely as observers; the conduct of the investigation and of any public demonstration shall be controlled by MSHA. Results of chemical analyses of material and all information contained in the drawings, specifications, and instructions shall be deemed confidential and their disclosure will be appropriately safeguarded by MSHA. 
</P>
<P>(d) Formal tests will not be made unless the device has been completely developed and is in a form that can be marketed. 
</P>
<P>(e) The results of the tests shall be regarded as confidential by all present at the tests and shall not be made public in any way prior to the formal approval of the device by MSHA. 
</P>
<P>(f) No verbal report of approval or disapproval will be made to the applicant. After MSHA has considered the results of the inspections and tests, a formal written report of the approval or disapproval will be made to the applicant by MSHA. The applicant shall not advertise his device as being permissible or approved, or as having passed the tests, prior to receipt of the formal notice of approval. 
</P>
<CITA TYPE="N">[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, May 4, 1955; 43 FR 12315, Mar. 24, 1978; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 23.6" NODE="30:1.0.1.2.12.0.1.6" TYPE="SECTION">
<HEAD>§ 23.6   General requirements for approval.</HEAD>
<P>Telephones and signaling devices shall be durable in construction, practical in operation, and suitable for conditions of underground service. They shall offer no probable explosion hazard under normal operation if use in gassy or dusty mine atmospheres. 


</P>
</DIV8>


<DIV8 N="§ 23.7" NODE="30:1.0.1.2.12.0.1.7" TYPE="SECTION">
<HEAD>§ 23.7   Specific requirements for approval.</HEAD>
<P>(a) The circuits external to telephones and signal devices shall be intrinsically safe; that is, the electrical design and construction of telephones and signal devices shall be such that neither contact between wires comprising the external circuits nor contact of tools or other metal objects with external terminals and circuits will result in electrical sparks capable of igniting explosive methane-air mixtures (or such mixtures with coal dust in suspension) during normal operation of the telephones or signal devices. 
</P>
<P>(b) All parts which, during normal operation, are capable of producing sparks that might ignite explosive methane-air mixtures shall be enclosed in explosion-proof compartments. All openings in the casings of such compartments shall be adequately protected. It is desirable that openings be as few as possible. All joints in the casings of an explosion-proof compartment shall be metal-to-metal so designed as to have a width of contact, measured along the shortest path from the inside to the outside of the compartment, of not less than 1 inch if the unoccupied volume (air space) in the compartment is more than 60 cubic inches. For unoccupied volume of 60 cubic inches or less, a 
<FR>3/8</FR>-inch width of contact will be acceptable. 
</P>
<P>(c) All bolts and screw holes shall be “blind” or bottomed if the omission of a bolt or screw would otherwise leave an opening into the compartment. An adequate lock or seal shall be provided to prevent tampering and exposure of spark-producing parts by unauthorized persons. 
</P>
<P>(d) Battery cells shall be placed in an explosion-proof compartment or else in one that is locked or sealed, and the terminals and the connections thereto shall be so arranged and protected as to preclude meddling, tampering, or making other electrical connections with them. 
</P>
<P>(e) Manufacturers shall furnish adequate instructions for the installation and connection of telephones and signal devices in order that the safety of these devices and other circuits shall not be diminished by improper installation. MSHA reserves the right to require the attachment of wiring diagrams to the cases of telephones and signal devices. 
</P>
<P>(f) If electric light bulbs are used in signaling devices, they shall be either equipped with effective safety devices, such as are required for permissible electric mine lamps, 
<SU>1</SU>
<FTREF/> or enclosed in explosion-proof compartments. 
</P>
<FTNT>
<P>
<SU>1</SU> In this case, the requirements of the current schedule for mine lamps will apply.</P></FTNT>
<P>(g) Line powered telephones and signaling devices or systems shall be equipped with standby power sources that have the capacity to enable the devices or systems to continue functioning in the event the line power fails or is cut off. Manufacturers shall furnish instructions for the proper maintenance of standby power sources.
</P>
<NOTE>
<HED>Note:</HED>
<P>Paragraph (g) of this section is issued under the authority of Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All other paragraphs in this section continue under the original authority.</P></NOTE>
<CITA TYPE="N">[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended at 47 FR 11370, Mar. 16, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 23.8" NODE="30:1.0.1.2.12.0.1.8" TYPE="SECTION">
<HEAD>§ 23.8   Inspection and tests.</HEAD>
<P>(a) A thorough inspection of the telephone or signaling device will be made to determine its adequacy and permissibility. Tests may be made to check the electrical characteristics and constants of the various parts, and determine the adequacy of the insulation and other parts of features of the device. 
</P>
<P>(b) In addition, compartments of explosion-proof design will be tested while filled and surrounded with explosive mixtures containing varying percentages of Pittsburgh natural gas 
<SU>2</SU>
<FTREF/> and air, the mixture within the compartment being ignited by a spark plug or other suitable means. For some of the tests bituminous-coal dust will be introduced into the compartment in addition to the explosive mixtures, and the effects will be noted. A sufficient number of tests will be made under the foregoing conditions to determine the ability of the compartment to retain flame without bursting. Even though the surrounding mixtures are not ignited, the compartment will not be considered as having passed the tests, if flames are discharged from any joint or opening; if excessive pressures are developed or if serious distortion of the compartment walls take place. 
</P>
<FTNT>
<P>
<SU>2</SU> Investigation has shown that for test purposes Pittsburgh natural gas (containing a high percentage of methane) is a satisfactory substitute for pure methane.</P></FTNT>
</DIV8>


<DIV8 N="§ 23.9" NODE="30:1.0.1.2.12.0.1.9" TYPE="SECTION">
<HEAD>§ 23.9   Special requirements for complete devices.</HEAD>
<P>Telephones and signaling devices will be considered nonpermissible if used under any of the followings conditions: 
</P>
<P>(a) Without the approval plate, mentioned hereafter. 
</P>
<P>(b) With unprotected openings in any of the explosion-proof compartments. This condition refers to any openings in these compartments, but especially to those equipped with removable covers. 
</P>
<P>(c) If not complete with all of the parts considered in the approval. 
</P>
<P>(d) If installed or connected otherwise than in accordance with the instructions furnished by the manufacturer. 
</P>
<P>(e) If modified in any manner not authorized by MSHA. 


</P>
</DIV8>


<DIV8 N="§ 23.10" NODE="30:1.0.1.2.12.0.1.10" TYPE="SECTION">
<HEAD>§ 23.10   Material required for MSHA records.</HEAD>
<P>In order that MSHA may know exactly what it has tested and approved, it keeps detailed records covering each investigation. These records include drawings and actual equipment as follows: 
</P>
<P>(a) <I>Drawings.</I> The original drawings submitted with the application for the tests and the final drawings which the manufacturer must submit to MSHA before the approval is granted, to show the details of the device as approved. These drawings are used to identify the device in the approval and as a means of checking the future commercial product of the manufacturer. 
</P>
<P>(b) <I>Actual equipment.</I> If MSHA so desires, parts of the devices that are used in the tests will be retained as records of the equipment submitted. If the device is approved, MSHA reserves the right to require the manufacturer to submit one, with the approval plate attached and without cost to MSHA, as a record of his commercial product. 


</P>
</DIV8>


<DIV8 N="§ 23.11" NODE="30:1.0.1.2.12.0.1.11" TYPE="SECTION">
<HEAD>§ 23.11   How approvals are granted.</HEAD>
<P>All approvals are granted by official letter from MSHA. A device will be approved under this part only when the testing engineers have judged that it has met the requirements of the part and MSHA's records are complete, including drawings from the manufacturer that show the device as it is to be commercially made. Individual parts of devices will not be approved. No verbal reports of the investigation will be given and no informal approvals will be granted. As soon as the manufacturer has received the formal approval, he shall be free to advertise his device as permissible. 
</P>
<CITA TYPE="N">[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, May 4, 1955]


</CITA>
</DIV8>


<DIV8 N="§ 23.12" NODE="30:1.0.1.2.12.0.1.12" TYPE="SECTION">
<HEAD>§ 23.12   Wording, purpose, and use of approval plate.</HEAD>
<P>(a) <I>Approval plate.</I> (1) Manufacturers shall attach, stamp, or mold an approval plate on each permissible device. The plate shall bear the emblem of the Mine Safety and Health Administration and be inscribed as follows: 
</P>
<EXTRACT>
<FP-DASH>Permissible Telephone (or Permissible Signaling Device) Approval No.______Issued to the
</FP-DASH>
<P>Company.</P></EXTRACT>
<P>(2) When deemed necessary, an appropriate caution statement shall be added. The size and position of the approval plate shall be satisfactory to MSHA. 
</P>
<P>(b) <I>Purpose.</I> The approval plate is a label that identifies the device so that anyone can tell at a glance whether or not it is of the permissible type. By the plate, the manufacturer can point out that his device complies with MSHA's requirements and that it has been approved for use in gassy or dusty mines. 
</P>
<P>(c) <I>Use.</I> Permission to place MSHA's approval plate on his device obligates the manufacturer to maintain the quality of his product and to see that each device is constructed according to the drawings that have been accepted by MSHA and are in MSHA's files. Devices exhibiting changes in design that have not been authorized are not permissible and must not bear MSHA's approval plate. 
</P>
<CITA TYPE="N">[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended at 43 FR 12315, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 23.13" NODE="30:1.0.1.2.12.0.1.13" TYPE="SECTION">
<HEAD>§ 23.13   Withdrawal of approval.</HEAD>
<P>MSHA reserves the right to rescind for cause at any time any approval granted under this part. 


</P>
</DIV8>


<DIV8 N="§ 23.14" NODE="30:1.0.1.2.12.0.1.14" TYPE="SECTION">
<HEAD>§ 23.14   Instructions for handling future changes in design.</HEAD>
<P>All approvals are granted with the understanding that the manufacturer will make his device according to the drawings that he has submitted to MSHA and that have been considered and included in the approval. Therefore, before making any changes in the design he shall obtain MSHA's authorization of the change. The procedure is as follows: 
</P>
<P>(a)(1) The manufacturer shall write to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, requesting an extension of the original approval and stating the change or changes desired. With this request, the manufacturer should submit a revised drawing or drawings showing the changes in detail, together with one of each of the parts affected. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
</P>
<P>(b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests. 
</P>
<P>(c) If no tests are necessary, and the change meets the requirements, the applicant will be officially advised by MSHA that his original approval has been extended to include the change. 
</P>
<P>(d) If tests are judged necessary, the applicant will be advised of the material that will be required. In this case extension of approval will be granted upon satisfactory completion of the tests and full compliance with the requirements. 
</P>
<CITA TYPE="N">[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, May 4, 1955; 43 FR 12315, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 68 FR 36421, June 17, 2003; 73 FR 52212, Sept. 9, 2008] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="27" NODE="30:1.0.1.2.13" TYPE="PART">
<HEAD>PART 27—METHANE-MONITORING SYSTEMS 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>31 FR 10607, Aug. 9, 1966, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.13.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 27.1" NODE="30:1.0.1.2.13.1.1.1" TYPE="SECTION">
<HEAD>§ 27.1   Purpose.</HEAD>
<P>The regulations in this part set forth the requirements for methane-monitoring systems or components thereof to procure certification for their incorporation in or with permissible equipment that is used in gassy mines, tunnels, or other underground workings and procedures for applying for such certification. 
</P>
<CITA TYPE="N">[31 FR 10607, Aug. 9, 1966, as amended at 52 FR 17515, May 8, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 27.2" NODE="30:1.0.1.2.13.1.1.2" TYPE="SECTION">
<HEAD>§ 27.2   Definitions.</HEAD>
<P>As used in this part: 
</P>
<P>(a) <I>MSHA</I> means the United States Department of Labor, Mine Safety and Health Administration.
</P>
<P>(b) <I>Applicant</I> means an individual, partnership, company, corporation, association, or other organization that designs, manufactures, or assembles and that seeks certification or preliminary testing of a methane-monitoring system or component. 
</P>
<P>(c) <I>Methane-monitoring system</I> means a complete assembly of one or more methane detectors and all other components required for measuring and signalling the presence of methane in the atmosphere of a mine, tunnel, or other underground workings, and shall include a power-shutoff component. 
</P>
<P>(d) <I>Methane detector</I> means a component for a methane-monitoring system that functions in a gassy mine, tunnel, or other underground workings to sample the atmosphere continuously and responds to the presence of methane. 
</P>
<P>(e) <I>Power-shutoff component</I> means a component of a methane-monitoring system, such as a relay, switch, or switching mechanism, that will cause a control circuit to deenergize a machine, equipment, or power circuit when actuated by the methane detector. 
</P>
<P>(f) <I>Flammable mixture</I> means a mixture of a gas, such as methane, natural gas, or similar hydrocarbon gas with normal air, that can be ignited. 
</P>
<P>(g) <I>Gassy mine or tunnel</I> means a mine, tunnel, or other underground workings in which a flammable mixture has been ignited, or has been found with a permissible flame safety lamp, or has been determined by air analysis to contain 0.25 percent or more (by volume) of methane in any open workings when tested at a point not less than 12 inches from the roof, face, or rib. 
</P>
<P>(h) <I>Letter of certification</I> means a formal document issued by MSHA stating that a methane-monitoring system or subassembly or component thereof: 
</P>
<P>(1) Has met the requirements of this part, and
</P>
<P>(2) Is certified for incorporation in or with permissible or approved equipment that is used in gassy mines and tunnels. 
</P>
<P>(i) <I>Component</I> means a part of a methane-monitoring system that is essential to its operation as a certified methane-monitoring system. 
</P>
<P>(j) <I>Explosion-proof</I> means that a component or group of components (subassembly) is so constructed and protected by an enclosure with or without a flame arrester(s) that, if a flammable mixture of gas is ignited within the enclosure, it will withstand the resultant pressure without damage to the enclosure and/or flame arrester(s). Also the enclosure and/or flame arrester(s) shall prevent the discharge of flame from within either the enclosure or the flame arrester, or the ignition of any flammable mixture that surrounds the enclosure and/or flame arrester. 
<SU>1</SU>
<FTREF/>
</P>
<FTNT>
<P>
<SU>1</SU> Explosion-proof components or subassemblies shall be constructed in accordance with the requirements of Part 18 of this subchapter.</P></FTNT>
<P>(k) <I>Normal operation</I> means that performance of each component as well as of the entire assembly of the methane-monitoring system is in conformance with the functions for which it was designed and for which it was tested by MSHA. 
</P>
<P>(l) <I>Flame arrester</I> means a device so constructed that it will prevent propagation of flame or explosion from within the unit of which it is part to a surrounding flammable mixture. 
</P>
<P>(m) <I>Intrinsically safe equipment and circuitry</I> means equipment and circuitry that are incapable of releasing enough electrical or thermal energy under normal or abnormal conditions to cause ignition of a flammable mixture of the most easily ignitable composition. 
</P>
<P>(n) <I>Fail safe</I> means that the circuitry of a methane-monitoring system shall be so designed that electrical failure of a component which is critical in MSHA's opinion will result in deenergizing the methane-monitoring system and the machine or equipment of which it is a part. 
</P>
<CITA TYPE="N">[31 FR 10607, Aug. 9, 1966, as amended at 39 FR 24003, June 28, 1974; 43 FR 12316, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 27.3" NODE="30:1.0.1.2.13.1.1.3" TYPE="SECTION">
<HEAD>§ 27.3   Consultation.</HEAD>
<P>By appointment, applicants or their representatives may visit the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed methane-monitoring systems to be submitted in accordance with the regulations of this part. No charge is made for such consultation and no written report thereof will be made to the applicant.
</P>
<CITA TYPE="N">[31 FR 10607, Aug. 9, 1966, as amended at 43 FR 12316, Mar. 24, 1978; 60 FR 35694, July 11, 1995; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 27.4" NODE="30:1.0.1.2.13.1.1.4" TYPE="SECTION">
<HEAD>§ 27.4   Application procedures and requirements.</HEAD>
<P>(a)(1) No investigation or testing for certification will be undertaken by MSHA except pursuant to a written application, accompanied by all drawings, specifications, descriptions, and related materials. The application and all related matters and correspondence shall be addressed to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to the product approval requirements under this part.
</P>
<P>(b) Drawings, specifications, and descriptions shall be adequate in detail to identify fully all components and subassemblies that are submitted for investigation, and shall include wiring and block diagrams. All drawings shall include title, number, and date; any revision dates and the purpose of each revision shall also be shown on the drawing. 
</P>
<P>(c) For a complete investigation leading to certification, the applicant shall furnish all necessary components and material to MSHA. MSHA reserves the right to require more than one of each component, subassembly, or assembly for the investigation. Spare parts and expendable components, subject to wear in normal operation, shall be supplied by the applicant to permit continuous operation during test periods. The applicant shall furnish special tools necessary to assemble or disassemble any component or subassembly for inspection or test. 
</P>
<P>(d) The applicant shall submit a plan of inspection of components at the place of manufacture or assembly. The applicant shall furnish to MSHA a copy of any factory-inspection form or equivalent with the application. The form shall direct attention to the points that must be checked to make certain that all components or subassemblies of the complete assembly are in proper condition, complete in all respects, and in agreement with the drawings, specifications, and descriptions filed with MSHA. 
</P>
<P>(e) The applicant shall furnish to MSHA complete instructions for operating the assembly and servicing components. After completion of MSHA's investigation, and before certification, if any revision of the instructions is required, a revised copy thereof shall be submitted to MSHA for inclusion with the drawings and specifications. 
</P>
<CITA TYPE="N">[31 FR 10607, Aug. 9, 1966, as amended at 43 FR 12316, Mar. 24, 1978; 60 FR 35694, July 11, 1995; 68 FR 36421, June 17, 2003; 70 FR 46343, Aug. 9, 2005; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 27.5" NODE="30:1.0.1.2.13.1.1.5" TYPE="SECTION">
<HEAD>§ 27.5   Letter of certification.</HEAD>
<P>(a) Upon completion of investigation of a methane-monitoring system, or component or subassembly thereof, MSHA will issue to the applicant either a letter of certification or a written notice of disapproval, as the case may require If a letter of certification is issued, no test data or detailed results of tests will accompany it. If a notice of disapproval is issued, it will be accompanied by details of the defects, with a view to possible correction. MSHA will not disclose except to the applicant or his authorized representative, any information because of which a notice of disapproval has been issued. 
</P>
<P>(b) A letter of certification will be accompanied by an appropriate cautionary statement specifying the conditions to be observed for operating and maintaining the device(s) and to preserve its certified status. 


</P>
</DIV8>


<DIV8 N="§ 27.6" NODE="30:1.0.1.2.13.1.1.6" TYPE="SECTION">
<HEAD>§ 27.6   Certification of components.</HEAD>
<P>In accordance with § 27.4, manufacturers of components may apply to MSHA to issue a letter of certification. To qualify for certification, electrical components shall conform to the prescribed inspection and test requirements and the construction thereof shall be adequately covered by specifications officially recorded and filed with MSHA. Letters of certification may be cited to fabricators of equipment intended for use in a certified methane-monitoring system as evidence that further inspection and test of the components will not be required. 


</P>
</DIV8>


<DIV8 N="§ 27.7" NODE="30:1.0.1.2.13.1.1.7" TYPE="SECTION">
<HEAD>§ 27.7   Certification plate or label.</HEAD>
<P>A certified methane-monitoring system or component thereof shall be identified with a certification plate or label which is attached to the system or component in a manner acceptable to MSHA. The method of attachment shall not impair the explosion-proof characteristics of any enclosure. The plate or label shall be of serviceable material, acceptable to MSHA, and shall contain the following inscription with spaces for appropriate identification of the system or component and assigned certificate number: 
</P>
<EXTRACT>
<FP-DASH>Manufacturer's Name
</FP-DASH>
<FP-DASH>Description
</FP-DASH>
<FRP>(Name) 
</FRP>
<FP-DASH>Model or Type No
</FP-DASH>
<FP-DASH>Certified as complying with the applicable requirements of Schedule 32A. 
</FP-DASH>
<FP-DASH>Certificate No</FP-DASH></EXTRACT>
</DIV8>


<DIV8 N="§ 27.8" NODE="30:1.0.1.2.13.1.1.8" TYPE="SECTION">
<HEAD>§ 27.8   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 27.9" NODE="30:1.0.1.2.13.1.1.9" TYPE="SECTION">
<HEAD>§ 27.9   Date for conducting tests.</HEAD>
<P>The date of receipt of an application will determine the order of precedence for investigation and testing. The applicant will be notified of the date on which tests will begin. 
</P>
<NOTE>
<HED>Note:</HED>
<P>If an assembly, subassembly, or component fails to meet any of the requirements, testing of it may be suspended and other items may be tested. However, if the cause of failure is corrected, testing will be resumed after completing such other test work as may be in progress.</P></NOTE>
<CITA TYPE="N">[31 FR 10607, Aug. 9, 1966, as amended at 70 FR 46343, Aug. 9, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 27.10" NODE="30:1.0.1.2.13.1.1.10" TYPE="SECTION">
<HEAD>§ 27.10   Conduct of investigations, tests, and demonstrations.</HEAD>
<P>MSHA shall hold as confidential and shall not disclose principles or patentable features, nor shall it disclose any details of drawings, specifications, or related materials. The conduct of all investigations, tests, and demonstrations shall be under the direction and control of MSHA, and any other persons shall be present only as observers, except as noted in paragraph (b) of this section. 
</P>
<P>(a) Prior to the issuance of a letter of certification, necessary Government personnel, representatives of the applicant, and such other persons as are mutually agreed upon may observe the investigations or tests. 
</P>
<P>(b) When requested by MSHA the applicant shall provide assistance in assembling or disassembling components, subassemblies, or assemblies for testing, preparing components, subassemblies, or assemblies for testing, and operating the system during the tests. 
</P>
<P>(c) After the issuance of a letter of certification, MSHA may conduct such public demonstrations and tests of the certified methane-monitoring system or components as it deems appropriate. 
</P>
<CITA TYPE="N">[31 FR 10607, Aug. 9, 1966, as amended at 39 FR 24003, June 28, 1974] 


</CITA>
</DIV8>


<DIV8 N="§ 27.11" NODE="30:1.0.1.2.13.1.1.11" TYPE="SECTION">
<HEAD>§ 27.11   Extension of certification.</HEAD>
<P>If an applicant desires to change any feature of a certified system or component, he shall first obtain MSHA's approval of the change, pursuant to the following procedure: 
</P>
<P>(a)(1) Application shall be made as for an original certification, requesting that the existing certification be extended to cover the proposed changes. The application shall include complete drawings, specifications, and related data, showing the changes in detail. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
</P>
<P>(b) The application will be examined by MSHA to determine whether inspection and testing of the modified system or component or of a part will be required. MSHA will inform the applicant whether testing is required and the component or components and related material to be submitted for that purpose. 
</P>
<P>(c) If the proposed modification meets the requirements of this part, a formal extension of certification will be issued, accompanied by a list of revised drawings and specifications which MSHA has added to those already on file. 
</P>
<CITA TYPE="N">[31 FR 10607, Aug. 9, 1966, as amended at 52 FR 17515, May 8, 1987; 68 FR 36421, June 17, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 27.12" NODE="30:1.0.1.2.13.1.1.12" TYPE="SECTION">
<HEAD>§ 27.12   Withdrawal of certification.</HEAD>
<P>MSHA reserves the right to rescind for cause any certification issued under this part. 


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.13.2" TYPE="SUBPART">
<HEAD>Subpart B—Construction and Design Requirements</HEAD>


<DIV8 N="§ 27.20" NODE="30:1.0.1.2.13.2.1.1" TYPE="SECTION">
<HEAD>§ 27.20   Quality of material, workmanship, and design.</HEAD>
<P>(a) MSHA will test only equipment that, in its opinion, is constructed of suitable materials, is of good workmanship, is based on sound engineering principles, and is safe for its intended use. Since all possible designs, arrangements, or combinations of components cannot be foreseen, MSHA reserves the right to modify the construction and design requirements of components or subassemblies and the tests to obtain the degree of protection intended by the tests described in Subpart C of this part. 
</P>
<P>(b) Unless otherwise noted, the requirements stated in this part shall apply to explosion-proof enclosures and intrinsically safe circuits. 
</P>
<P>(c) All components, subassemblies, and assemblies shall be designed and constructed in a manner that will not create an explosion or fire hazard. 
</P>
<P>(d) All assemblies or enclosures—explosion-proof or intrinsically safe—shall be so designed that the temperatures of the external surfaces, during continuous operation, do not exceed 150 °C. (302 °F.) at any point. 
</P>
<P>(e) Lenses or globes shall be protected against damage by guards or by location. 
</P>
<P>(f) If MSHA determines that an explosion hazard can be created by breakage of a bulb having an incandescent filament, the bulb mounting shall be so constructed that the bulb will be ejected if the bulb glass enclosing the filament is broken. 
</P>
<NOTE>
<HED>Note:</HED>
<P>Other methods that provide equivalent protection against explosion hazards from incandescent filaments may be considered satisfactory at the discretion of MSHA.</P></NOTE>
</DIV8>


<DIV8 N="§ 27.21" NODE="30:1.0.1.2.13.2.1.2" TYPE="SECTION">
<HEAD>§ 27.21   Methane-monitoring system.</HEAD>
<P>(a) A methane-monitoring system shall be so designed that any machine or equipment, which is controlled by the system, cannot be operated unless the electrical components of the methane-monitoring system are functioning normally. 
</P>
<P>(b) A methane-monitoring system shall be rugged in construction so that its operation will not be affected by vibration or physical shock, such as normally encountered in mining operations. 
</P>
<P>(c) Insulating materials that give off flammable or explosive gases when decomposed shall not be used within enclosures where they might be subjected to destructive electrical action. 
</P>
<P>(d) An enclosure shall be equipped with a lock, seal, or acceptable equivalent when MSHA deems such protection necessary for safety. 
</P>
<P>(e) A component or subassembly of a methane-monitoring system shall be constructed as a package unit or otherwise in a manner acceptable to MSHA. Such components or subassemblies shall be readily replaceable or removable without creating an ignition hazard. 
</P>
<P>(f) The complete system shall “fail safe” in a manner acceptable to MSHA. 


</P>
</DIV8>


<DIV8 N="§ 27.22" NODE="30:1.0.1.2.13.2.1.3" TYPE="SECTION">
<HEAD>§ 27.22   Methane detector component.</HEAD>
<P>(a) A methane detector component shall be suitably constructed for incorporation in or with permissible and approved equipment that is operated in gassy mines and tunnels. 
</P>
<P>(b) A methane detector shall include: 
</P>
<P>(1) A method of continuous sampling of the atmosphere in which it functions. 
</P>
<P>(2) A method for actuating a warning device which shall function automatically at a methane content of the mine atmosphere between 1.0 to 1.5 volume percent. The warning device shall also function automatically at all higher concentrations of methane in the mine atmosphere. 
</P>
<P>(3) A method for actuating a power-shutoff component, which shall function automatically when the methane content of the mine atmosphere is 2.0 volume percent and at all higher concentrations of methane. 
</P>
<P>(4) A suitable filter on the sampling intake to prevent dust and moisture from entering and interfering with normal operation. 
</P>
<NOTE>
<HED>Note:</HED>
<P>This requirement for the methane detector may be waived if the design is such as to preclude the need of a filter.</P></NOTE>
<P>(c) A methane detector may provide means for sampling at more than one point; provided, the methane detector shall separately detect the methane in the atmosphere at each sampling point with, in MSHA's opinion, sufficient frequency. 


</P>
</DIV8>


<DIV8 N="§ 27.23" NODE="30:1.0.1.2.13.2.1.4" TYPE="SECTION">
<HEAD>§ 27.23   Automatic warning device.</HEAD>
<P>(a) An automatic warning device shall be suitably constructed for incorporation in or with permissible and approved equipment that is operated in gassy mines and tunnels. 
</P>
<P>(b) An automatic warning device shall include an alarm signal (audible or colored light), which shall be made to function automatically at a methane content of the mine atmosphere between 1.0 to 1.5 volume percent and at all higher concentrations of methane. 
</P>
<P>(c) It is recommended that the automatic warning device be supplemented by a meter calibrated in volume percent of methane. 


</P>
</DIV8>


<DIV8 N="§ 27.24" NODE="30:1.0.1.2.13.2.1.5" TYPE="SECTION">
<HEAD>§ 27.24   Power-shutoff component.</HEAD>
<P>(a) A power-shutoff component shall be suitably constructed for incorporation in or with permissible and approved equipment that is operated in gassy mines and tunnels. 
</P>
<P>(b) The power-shutoff component shall include: 
</P>
<P>(1) A means which shall be made to function automatically to deenergize the machine or equipment when actuated by the methane detector at a methane concentration of 2.0 volume percent and at all higher concentrations in the mine atmosphere. 
</P>
<P>(i) For an electric-powered machine or equipment energized by means of a trailing cable, the power-shutoff component shall, when actuated by the methane detector, cause a control circuit to shut down the machine or equipment on which it is installed; or it shall cause a control circuit to deenergize both the machine or equipment and the trailing cable. 
</P>
<NOTE>
<HED>Note:</HED>
<P>It is not necessary that power be controlled both at the machine and at the outby end of the trailing cable.</P></NOTE>
<P>(ii) For a battery-powered machine or equipment, the methane-monitor power-shutoff component shall, when actuated by the methane detector, cause a control circuit to deenergize the machine or equipment as near as possible to the battery terminals. 
</P>
<P>(iii) For a diesel-powered machine or equipment, the power-shutoff component, when actuated by the methane detector, shall shut down the prime mover and deenergize all electrical components of the machine or equipment. Batteries are to be disconnected as near as possible to the battery terminals. Headlights which are approved under Part 20 of this subchapter (Schedule 10, or any revision thereof) are specifically exempted from this requirement. 
</P>
<P>(2) An arrangement for testing the power-shutoff characteristic to determine whether the power-shutoff component is functioning properly. 


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.2.13.3" TYPE="SUBPART">
<HEAD>Subpart C—Test Requirements</HEAD>


<DIV8 N="§ 27.30" NODE="30:1.0.1.2.13.3.1.1" TYPE="SECTION">
<HEAD>§ 27.30   Inspection.</HEAD>
<P>A detailed inspection shall be made by MSHA of the equipment and all components and functions related to safety in operation, which shall include: 
</P>
<P>(a) Examining materials, workmanship, and design to determine conformance with paragraph (a) of § 27.20. 
</P>
<P>(b) Comparing components and subassemblies with the drawings and specifications to verify conformance with the requirements of this part. 


</P>
</DIV8>


<DIV8 N="§ 27.31" NODE="30:1.0.1.2.13.3.1.2" TYPE="SECTION">
<HEAD>§ 27.31   Testing methods.</HEAD>
<P>A methane-monitoring system shall be tested by MSHA to determine its functional performance, and its explosion-proof and other safety characteristics. Since all possible designs, arrangements, or combinations cannot be foreseen, MSHA reserves the right to make any tests or to place any limitations on equipment, or components or subassemblies thereof, not specifically covered herein, to determine and assure the safety of such equipment with regard to explosion and fire hazards. 


</P>
</DIV8>


<DIV8 N="§ 27.32" NODE="30:1.0.1.2.13.3.1.3" TYPE="SECTION">
<HEAD>§ 27.32   Tests to determine performance of the system.</HEAD>
<P>(a) <I>Laboratory tests for reliability and durability.</I> Five hundred successful consecutive tests 
<SU>2</SU>
<FTREF/> for gas detection, alarm action, and power shutoff in natural gas-air mixtures 
<SU>3</SU>
<FTREF/> shall be conducted to demonstrate acceptable performance as to reliability and durability of a methane-monitoring system. The tests shall be conducted as follows: 
</P>
<FTNT>
<P>
<SU>2</SU> Normal replacements and adjustments shall not constitute a failure.</P></FTNT>
<FTNT>
<P>
<SU>3</SU> Investigation has shown that, for practical purposes, natural gas (containing a high percentage of methane) is a satisfactory substitute for pure methane in these tests.</P></FTNT>
<P>(1) The methane detector component shall be placed in a test gallery into which natural gas shall be made to enter at various rates with sufficient turbulence for proper mixing with the air in the gallery. To comply with the requirements of this test, the detector shall provide an impulse to actuate an alarm at a predetermined percentage of gas and also provide an impulse to actuate a power shutoff at a second predetermined percentage of gas. (See §§ 27.21, 27.22, 27.23, and 27.24.) 
<SU>4</SU>
<FTREF/>
</P>
<FTNT>
<P>
<SU>4</SU> At the option of MSHA, these tests will be conducted with dust or moisture added to the atmosphere within the gallery.</P></FTNT>
<P>(b) <I>Field tests.</I> MSHA reserves the right to conduct tests, similar to those stated in paragraph (a) of this section, in underground workings to verify reliability and durability of a methane-monitoring system installed in connection with a piece of mining equipment. 


</P>
</DIV8>


<DIV8 N="§ 27.33" NODE="30:1.0.1.2.13.3.1.4" TYPE="SECTION">
<HEAD>§ 27.33   Test to determine explosion-proof construction.</HEAD>
<P>Any assembly, subassembly, or component which, in the opinion of MSHA, requires explosion-proof construction shall be tested in accordance with the procedures stated in Part 18 of this subchapter. 


</P>
</DIV8>


<DIV8 N="§ 27.34" NODE="30:1.0.1.2.13.3.1.5" TYPE="SECTION">
<HEAD>§ 27.34   Test for intrinsic safety.</HEAD>
<P>Assemblies, subassemblies, or components that are designed for intrinsic safety shall be tested by introducing into the circuit(s) thereof a circuit-interrupting device which produces an electric spark from the current in the circuit. The circuit-interrupting device shall be placed in a gallery containing various flammable natural gas-air mixtures. To meet the requirements of this test, the spark shall not ignite the flammable mixture. For this test the circuit-interrupting device shall be operated not less than 100 times at 125 percent of the normal operating voltage of the particular circuit. 


</P>
</DIV8>


<DIV8 N="§ 27.35" NODE="30:1.0.1.2.13.3.1.6" TYPE="SECTION">
<HEAD>§ 27.35   Tests to determine life of critical components and subassemblies.</HEAD>
<P>Replaceable components may be subjected to appropriate life tests at the discretion of MSHA. 


</P>
</DIV8>


<DIV8 N="§ 27.36" NODE="30:1.0.1.2.13.3.1.7" TYPE="SECTION">
<HEAD>§ 27.36   Test for adequacy of electrical insulation and clearances.</HEAD>
<P>MSHA shall examine, and test in a manner it deems suitable, electrical insulation and clearances between electrical conductors to determine adequacy for the intended service. 


</P>
</DIV8>


<DIV8 N="§ 27.37" NODE="30:1.0.1.2.13.3.1.8" TYPE="SECTION">
<HEAD>§ 27.37   Tests to determine adequacy of safety devices for bulbs.</HEAD>
<P>The glass envelope of bulbs with the filament incandescent at normal operating voltage shall be broken in flammable methane-air or natural gas-air mixtures in a gallery to determine that the safety device will prevent ignition of the flammable mixtures. 


</P>
</DIV8>


<DIV8 N="§ 27.38" NODE="30:1.0.1.2.13.3.1.9" TYPE="SECTION">
<HEAD>§ 27.38   Tests to determine adequacy of windows and lenses.</HEAD>
<P><I>Impact tests.</I> A 4-pound cylindrical weight with a one-inch diameter hemispherical striking surface will be dropped (free fall) to strike the window or lens in its mounting or the equivalent thereof at or near the center. At least three out of four samples shall withstand the impact according to the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Overall lens diameter (inches)
</TH><TH class="gpotbl_colhed" scope="col">Height of fall (inches)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Less than 4</TD><TD align="right" class="gpotbl_cell">6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4 to 5</TD><TD align="right" class="gpotbl_cell">9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5 to 6</TD><TD align="right" class="gpotbl_cell">15
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Greater than 6</TD><TD align="right" class="gpotbl_cell">24</TD></TR></TABLE></DIV></DIV>
<FP>Lenses or windows of smaller diameter than 1 inch may be tested by alternate methods at the discretion of MSHA. 


</FP>
</DIV8>


<DIV8 N="§ 27.39" NODE="30:1.0.1.2.13.3.1.10" TYPE="SECTION">
<HEAD>§ 27.39   Tests to determine resistance to vibration.</HEAD>
<P>(a) <I>Laboratory tests for reliability and durability.</I> Components, subassemblies, or assemblies that are to be mounted on permissible and approved equipment shall be subjected to two separate vibration tests, each of one-hour duration. The first test shall be conducted at a frequency of 30 cycles per second with a total movement per cycle of 
<FR>1/16</FR>-inch. The second test shall be conducted at a frequency of 15 cycles per second with a total movement per cycle of 
<FR>1/8</FR>-inch. Components, subassemblies, and assemblies shall be secured to the vibration testing equipment in their normal operating positions (with shock mounts, if regularly provided with shock mounts). Each component, subassembly and assembly shall function normally during and after each vibration test. 
</P>
<NOTE>
<HED>Note:</HED>
<P>The vibrating equipment is designed to impart a circular motion in a plane inclined 45° to the vertical or horizontal.</P></NOTE>
<P>(b) <I>Field tests.</I> MSHA reserves the right to conduct tests to determine resistance to vibration in underground workings to verify the reliability and durability of a methane-monitoring system or component(s) thereof where installed in connection with a piece of mining equipment. 


</P>
</DIV8>


<DIV8 N="§ 27.40" NODE="30:1.0.1.2.13.3.1.11" TYPE="SECTION">
<HEAD>§ 27.40   Test to determine resistance to dust.</HEAD>
<P>Components, subassemblies, or assemblies, the normal functioning of which might be affected by dust, such as coal or rock dust, shall be tested in an atmosphere containing an average concentration (50 million minus 40 micron particles per cubic foot) of such dust(s) for a continuous period of 4 hours. The component, subassembly, or assembly shall function normally after being subjected to this test. 
</P>
<NOTE>
<HED>Note:</HED>
<P>Dust measurements, when necessary, shall be made by impinger sampling and light-field counting technique.</P></NOTE>
</DIV8>


<DIV8 N="§ 27.41" NODE="30:1.0.1.2.13.3.1.12" TYPE="SECTION">
<HEAD>§ 27.41   Test to determine resistance to moisture.</HEAD>
<P>Components, subassemblies, or assemblies, the normal functioning of which might be affected by moisture, shall be tested in atmospheres of high relative humidity (80 percent or more at 65°-75 °F.) for continuous operating and idle periods of 4 hours each. The component or subassembly or assembly shall function normally after being subjected to those tests. 


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="28" NODE="30:1.0.1.2.14" TYPE="PART">
<HEAD>PART 28—FUSES FOR USE WITH DIRECT CURRENT IN PROVIDING SHORT-CIRCUIT PROTECTION FOR TRAILING CABLES IN COAL MINES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>37 FR 7562, Apr. 15, 1972, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.14.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 28.1" NODE="30:1.0.1.2.14.1.1.1" TYPE="SECTION">
<HEAD>§ 28.1   Purpose.</HEAD>
<P>The purpose of the regulations contained in this Part 28 is: (a) To establish procedures and prescribe requirements which must be met in filing applications for the approval of fuses for use with direct current in providing short-circuit protection for trailing cables in coal mines, or the approval of changes or modifications of approved fuses; (b) to specify minimum performance requirements and to prescribe methods to be employed in conducting inspections, examinations, and tests to determine the effectiveness of fuses for use with direct current in providing short-circuit protection for trailing cables in coal mines; and (c) to provide for the issuance of certificates of approval or modifications of certificates of approval for fuses which have met the minimum requirements for performance and short-circuit protection set forth in this part. 


</P>
</DIV8>


<DIV8 N="§ 28.2" NODE="30:1.0.1.2.14.1.1.2" TYPE="SECTION">
<HEAD>§ 28.2   Approved fuses.</HEAD>
<P>(a) On and after the effective date of this part, fuses shall be considered to be approved for use with direct current in providing short-circuit protection for trailing cables in coal mines only where such fuses are: (1) The same in all respects as those fuses which have been approved after meeting the minimum requirements for performance and short-circuit protection prescribed in this Part 28; and (2) maintained in an approved condition. 


</P>
</DIV8>


<DIV8 N="§ 28.3" NODE="30:1.0.1.2.14.1.1.3" TYPE="SECTION">
<HEAD>§ 28.3   Installation, use, and maintenance of approved fuses.</HEAD>
<P>Approved fuses shall be installed and maintained in accordance with the specifications prescribed by the manufacturer of the fuses, and shall be selected and used in accordance with the standards prescribed for short-circuit protective devices for trailing cables in Parts 75 and 77, Subchapter O of this chapter. 


</P>
</DIV8>


<DIV8 N="§ 28.4" NODE="30:1.0.1.2.14.1.1.4" TYPE="SECTION">
<HEAD>§ 28.4   Definitions.</HEAD>
<P>As used in this part—
</P>
<P>(a) <I>Applicant</I> means an individual, partnership, company, corporation, association, or other organization that designs, manufactures, assembles, or fabricates, or controls the design, manufacture, assembly, or fabrication of a fuse, and who seeks to obtain a certificate of approval for such fuse. 
</P>
<P>(b) <I>Approval</I> means a certificate or formal document issued by MSHA stating that an individual fuse or combination of fuses has met the minimum requirements of this Part 28, and that the applicant is authorized to use and attach an approval label or other equivalent marking to any fuse manufactured, assembled, or fabricated in conformance with the plans and specifications upon which the approval was based, as evidence of such approval. 
</P>
<P>(c) <I>Approved</I> means conforming to the minimum requirements of this Part 28. 
</P>
<P>(d) <I>MESA</I> means the United States Department of the Interior, Mining Enforcement and Safety Administration. Predecessor organization to MSHA, prior to March 9, 1978.
</P>
<P>(e) <I>MSHA</I> means the United States Department of Labor, Mine Safety and Health Administration.
</P>
<P>(f) <I>Fuse</I> means a device, no less effective than an automatic circuit breaker, for use with direct current which provides short-circuit protection for trailing cables in coal mines by interrupting an excessive current in the circuit. 
</P>
<CITA TYPE="N">[37 FR 7562, Apr. 15, 1972, as amended at 39 FR 24003, June 28, 1974; 43 FR 12316, Mar. 24, 1978] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.14.2" TYPE="SUBPART">
<HEAD>Subpart B—Application for Approval</HEAD>


<DIV8 N="§ 28.10" NODE="30:1.0.1.2.14.2.1.1" TYPE="SECTION">
<HEAD>§ 28.10   Application procedures.</HEAD>
<P>(a) Each applicant seeking approval of a fuse for use with direct current in providing short-circuit protection for trailing cables shall arrange for submission, at applicant's own expense, of the number of fuses necessary for testing to a nationally recognized independent testing laboratory capable of performing the examination, inspection, and testing requirements of this part.
</P>
<P>(b) The applicant shall insure, at his own expense, that the examination, inspection, and testing requirements of this part are properly and thoroughly performed by the independent testing laboratory of his choice. 
</P>
<P>(c) Upon satisfactory completion by the independent testing laboratory of the examination, inspection, and testing requirements of this part, the data and results of such examination, inspection, and tests shall be certified by both the applicant and the laboratory and shall be sent for evaluation of such data and results to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(d) The certified data and results of the examinations, inspections, and tests required by this part and submitted to MSHA for evaluation shall be accompanied by a proposed plan for quality control which meets the minimum requirements set forth in Subpart D of this part. 
</P>
<P>(e) Each applicant shall deliver to MSHA at his own expense, three fuses of each size and type which may be necessary for evaluation of the examination, inspection, and test results by the Bureau. 
</P>
<P>(f) Applicants or their representatives may visit or communicate with Approval and Certification Center in order to discuss the requirements for approval of any fuse, or to obtain criticism of proposed designs; no charge shall be made for such consultation and no written report shall be issued by MSHA as a result of such consultation.
</P>
<CITA TYPE="N">[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 52 FR 17515, May 8, 1987; 60 FR 35694, July 11, 1995; 70 FR 46343, Aug. 9, 2005; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.2.14.3" TYPE="SUBPART">
<HEAD>Subpart C—Approval and Disapproval</HEAD>


<DIV8 N="§ 28.20" NODE="30:1.0.1.2.14.3.1.1" TYPE="SECTION">
<HEAD>§ 28.20   Certificates of approval; scope of approval.</HEAD>
<P>(a) MSHA shall issue certificates of approval pursuant to the provisions of this subpart only for individual, completely fabricated fuses which have been examined, inspected, and tested as specified in § 28.10, and have been evaluated by MSHA to ensure that they meet the minimum requirements prescribed in this part. 
</P>
<P>(b) MSHA shall not issue an informal notification of approval. 


</P>
</DIV8>


<DIV8 N="§ 28.21" NODE="30:1.0.1.2.14.3.1.2" TYPE="SECTION">
<HEAD>§ 28.21   Certificates of approval; contents.</HEAD>
<P>(a) Each certificate of approval shall contain a description of the fuse and a classification of its current-interrupting capacity and current rating. 
</P>
<P>(b) The certificate of approval shall specifically set forth any restrictions or limitations on the use of the fuse in providing short-circuit protection for trailing cables. 
</P>
<P>(c) Each certificate of approval shall be accompanied by a reproduction of the approval label or marking design, as appropriate, to be employed by the applicant with each approved fuse as provided in § 28.23. 
</P>
<P>(d) No test data or specific laboratory findings will accompany any certificate of approval; however, MSHA will release analyses of pertinent test data and specific findings upon receipt of a written request by the applicant, or when required by statute or regulation. 
</P>
<P>(e) Each certificate of approval shall also contain the approved quality control plan as specified in § 28.31. 


</P>
</DIV8>


<DIV8 N="§ 28.22" NODE="30:1.0.1.2.14.3.1.3" TYPE="SECTION">
<HEAD>§ 28.22   Notice of disapproval.</HEAD>
<P>(a) If, upon completion of the evaluation by MSHA conducted in accordance with § 28.10, it is determined that the fuse does not meet the minimum requirements set forth in this part, MSHA shall issue a written notice of disapproval to the applicant. 
</P>
<P>(b) Each notice of disapproval shall be accompanied by all available findings with respect to the defects of the fuse for which approval was sought with a view to the possible correction of any such defects. 
</P>
<P>(c) MSHA shall not disclose, except to the applicant upon written request or when required by statute or regulation, any data, findings, or other information with respect to any fuse for which a notice of disapproval is issued. 


</P>
</DIV8>


<DIV8 N="§ 28.23" NODE="30:1.0.1.2.14.3.1.4" TYPE="SECTION">
<HEAD>§ 28.23   Approval labels or markings; approval of contents; use.</HEAD>
<P>(a) Approval labels shall bear the emblem of the Mine Safety and Health Administration, an approval number, the restrictions, if any, placed upon the use of the fuse by MSHA, and where appropriate, the applicant's name and address. 
</P>
<P>(b) Upon receipt of a certificate of approval, the applicant shall submit to MSHA, for approval of contents, full-scale reproductions of approval labels or markings, as appropriate, and a sketch or description of the method of application and position on the fuse, together with instructions for the installation, use, and maintenance of the fuse. 
</P>
<P>(c) Legible reproductions or abbreviated forms of the label or markings approved by MSHA shall be attached to or printed on each fuse. 
</P>
<P>(d) Each fuse shall be marked with the rating of the Underwriters Laboratories, Inc. 
</P>
<P>(e) MSHA shall, where necessary, notify the applicant when additional labels, markings, or instructions will be required. 
</P>
<P>(f) Approval labels or markings shall only be used by the applicant to whom they were issued. 
</P>
<P>(g) The use of any MSHA approval label or marking obligates the applicant to whom it is issued to maintain or cause to be maintained the approved quality control sampling procedure and the acceptable quality level for each characteristic tested, and to guarantee that the approved fuse is manufactured according to the specifications upon which the certificate of approval is based. 
</P>
<P>(h) The use of any MSHA approval label or marking obligates the applicant to whom it is issued to retest the approved fuse within a 2-year period from the date of the certificate of approval, and every 2 years thereafter, in accordance with the provisions of § 28.10.
</P>
<CITA TYPE="N">[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 45 FR 68935, Oct. 17, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 28.24" NODE="30:1.0.1.2.14.3.1.5" TYPE="SECTION">
<HEAD>§ 28.24   Revocation of certificates of approval.</HEAD>
<P>MSHA reserves the right to revoke, for cause, any certificate of approval issued pursuant to the provisions of this part. Such causes include, but are not limited to, misuse of approval labels and markings, misleading advertising, violations of section 110(h) of the Federal Mine Safety and Health Act of 1977 and failure to maintain or cause to be maintained the quality control requirements of the certificate of approval.
</P>
<CITA TYPE="N">[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978] 


</CITA>
</DIV8>


<DIV8 N="§ 28.25" NODE="30:1.0.1.2.14.3.1.6" TYPE="SECTION">
<HEAD>§ 28.25   Changes or modifications of approved fuses; issuance of modification of certificate of approval.</HEAD>
<P>(a) Each applicant may, if he desires to change any feature of an approved fuse, request a modification of the original certificate of approval issued by MSHA for such fuse by filing an application for modification in accordance with the provisions of this section. 
</P>
<P>(b) Applications, including fees, shall be submitted as specified in § 28.10 for an original certificate of approval, with a request for a modification of the existing certificate to cover any proposed change. 
</P>
<P>(c) The application for modification, together with the examination, inspection, and test results prescribed by § 28.10 shall be examined and evaluated by MSHA to determine if the proposed modification meets the requirements of this part. 
</P>
<P>(d) If the proposed modification meets the requirements of this part, a formal modification of approval will be issued, accompanied, where necessary, by reproductions of revised approval labels or markings. 


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.2.14.4" TYPE="SUBPART">
<HEAD>Subpart D—Quality Control</HEAD>


<DIV8 N="§ 28.30" NODE="30:1.0.1.2.14.4.1.1" TYPE="SECTION">
<HEAD>§ 28.30   Quality control plans; filing requirements.</HEAD>
<P>As a part of each application for approval or modification of approval submitted pursuant to this part, each applicant shall file with MSHA a proposed quality control plan which shall be designed to assure the quality of short-circuit protection provided by the fuse for which approval is sought. 


</P>
</DIV8>


<DIV8 N="§ 28.31" NODE="30:1.0.1.2.14.4.1.2" TYPE="SECTION">
<HEAD>§ 28.31   Quality control plans; contents.</HEAD>
<P>(a) Each quality control plan shall contain provisions for the management of quality, including:
</P>
<P>(1) Requirements for the production of quality data and the use of quality control records;
</P>
<P>(2) Control of engineering drawings, documentations, and changes;
</P>
<P>(3) Control and calibration of measuring and test equipment;
</P>
<P>(4) Control of purchased material to include incoming inspection;
</P>
<P>(5) Lot identification, control of processes, manufacturing, fabrication, and assembly work conducted in the applicant's plant;
</P>
<P>(6) Audit or final inspection of the completed product; and,
</P>
<P>(7) The organizational structure necessary to carry out these provisions. 
</P>
<P>(b) The sampling plan shall include inspection tests and sampling procedures developed in accordance with Military Specification MIL-F-15160D, “Fuses; Instrument, Power, and Telephone” (which is hereby incorporated by reference and made a part hereof), Group A tests and Group B tests, except that the continuity and/or resistance characteristics of each fuse shall be tested. Military Specification MIL-F-15160D is available for examination at the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059. Copies of the document may be purchased from Information Dissemination (Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; Telephone: 866-512-1800, <I>http://bookstore.gpo.gov.</I>
</P>
<P>(c) The sampling procedure shall include a list of the characteristics to be tested by the applicant or his agent and shall include but not be limited to:
</P>
<P>(1) Continuity and/or resistance determination for each fuse;
</P>
<P>(2) Carry current capability (not less than 110 percent of the rated current); and,
</P>
<P>(3) Overload current interruption capability (not less than 135 percent of the rated current). 
</P>
<P>(d) The quality control inspection test method to be used by the applicant or his agent for each characteristic required to be tested shall be described in detail.
</P>
<CITA TYPE="N">[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 60 FR 35694, July 11, 1995; 71 FR 16666, Apr. 3, 2006; 73 FR 52212, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 28.32" NODE="30:1.0.1.2.14.4.1.3" TYPE="SECTION">
<HEAD>§ 28.32   Proposed quality control plans; approval by MSHA.</HEAD>
<P>(a) Each proposed quality control plan submitted in accordance with this subpart shall be reviewed by MSHA to determine its effectiveness in insuring the quality of short-circuit protection provided by the fuse for which an approval is sought. 
</P>
<P>(b) If MSHA determines that the proposed quality control plan submitted by the applicant will not insure adequate quality control, MSHA shall require the applicant to modify the procedures and testing requirements of the plan prior to approval of the plan and issuance of any certificate of approval. 
</P>
<P>(c) Approved quality control plans shall constitute a part of and be incorporated into any certificate of approval issued by MSHA, and compliance with such plans by the applicant shall be a condition of approval. 


</P>
</DIV8>


<DIV8 N="§ 28.33" NODE="30:1.0.1.2.14.4.1.4" TYPE="SECTION">
<HEAD>§ 28.33   Quality control test methods, equipment, and records; review by MSHA; revocation of approval.</HEAD>
<P>(a) MSHA reserves the right to have its representatives inspect the applicant's quality control test methods, equipment, and records, and to interview any employee or agent of the applicant in regard to quality control test methods, equipment, and records. 
</P>
<P>(b) MSHA reserves the right to revoke, for cause, any certificate of approval where it finds that the applicant's quality control test methods, equipment, or records do not ensure effective quality control over the fuse for which the approval was issued. 


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.2.14.5" TYPE="SUBPART">
<HEAD>Subpart E—Construction, Performance, and Testing Requirements</HEAD>


<DIV8 N="§ 28.40" NODE="30:1.0.1.2.14.5.1.1" TYPE="SECTION">
<HEAD>§ 28.40   Construction and performance requirements; general.</HEAD>
<P>(a) MSHA shall issue approvals for fuses for use with direct current in providing short-circuit protection for trailing cables, when such fuses have met the minimum construction, performance, and testing requirements set forth in this subpart. 
</P>
<P>(b) Fuses submitted to MSHA for approval will not be accepted unless they are designed on sound engineering and scientific principles, constructed of suitable materials, and evidence good workmanship. 
</P>
<P>(c) Fuses may be single-element or dual-element in type, however, they shall be capable of interrupting any direct current within a range from the ampere rating of the fuse under consideration for approval up to 20,000 amperes. 
</P>
<P>(d) MSHA shall accept the fuse size and ampere rating as specified in the Underwriters Laboratories, Inc., standard for alternating current fuses (UL-198), which is hereby incorporated by reference and made a part hereof. This document is available for examination at the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, and copies of the document are available from COMM 2000, 1414 Brook Drive, Downers Grove, IL 60515; Telephone: 888-853-3512 (toll free); <I>http://ulstandardsinfonet.ul.com.</I>
</P>
<P>(e) Fuses shall be capable of completely interrupting a current within 30 milliseconds after initial current interruption, and shall not show any evidence of restriking after 30 milliseconds. 
</P>
<P>(f) The blown fuse shall show only superficial damage.
</P>
<CITA TYPE="N">[37 FR 7562, Apr. 15, 1972, as amended at 43 FR 12316, Mar. 24, 1978; 60 FR 35694, July 11, 1995; 71 FR 16666, Apr. 3, 2006; 73 FR 52213, Sept. 9, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 28.41" NODE="30:1.0.1.2.14.5.1.2" TYPE="SECTION">
<HEAD>§ 28.41   Testing requirements; general.</HEAD>
<P>(a) The open circuit voltage of the test circuit shall be 300 volts d.c., or 600 volts d.c., depending on the voltage rating of the fuse being tested. 
</P>
<P>(b) Time constant of the circuit (defined as T = L/R, where T is the time in seconds, L is the inductance in henries, and R is the resistance in ohms) shall be as follows: 
</P>
<P>(1) For 10,000 amperes and greater currents, T = 0.016 second or more; 
</P>
<P>(2) For 1,000 amperes to 10,000 amperes, T = 0.008 second or more; 
</P>
<P>(3) For 100 amperes to 1,000 amperes, T = 0.006 second or more; and 
</P>
<P>(4) For less than 100 amperes, T = 0.002 seconds or more. 
</P>
<P>(c) Test currents shall be as follows: 
</P>
<P>(1) 200 percent of rated current for fuses having 200 or less ampere rating, or 300 percent of rated current for fuses having greater than 200 ampere rating; 
</P>
<P>(2) 900 percent of rated current; 
</P>
<P>(3) 10,000 amperes; and 
</P>
<P>(4) 20,000 amperes. 
</P>
<P>(d) The voltage shall continue to be applied for at least 30 seconds after completion of circuit interruption. 
</P>
<P>(e) Five fuses of each case size shall be tested at each test current specified in paragraph (c) of this section, with the value of the fuse being the maximum value for the case size. 
</P>
<P>(f) Three of each lot of five fuses shall be preconditioned at 95 ±5 percent RH for not less than 5 days immediately prior to testing; and the other two fuses of each lot of five shall be preconditioned by heating to 90 °C. for 24 hours, and tested within 1 hour after removal from the preconditioning chamber. 
</P>
<P>(g) At least three of each lot of five fuses shall be tested in a fuse holder of a trolley-tap type, and the fuse holder shall remain intact and shall readily accept and retain a replacement fuse. 


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="33" NODE="30:1.0.1.2.15" TYPE="PART">
<HEAD>PART 33—DUST COLLECTORS FOR USE IN CONNECTION WITH ROCK DRILLING IN COAL MINES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>Schedule 25B, 25 FR 6473, July 9, 1960, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.15.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 33.1" NODE="30:1.0.1.2.15.1.1.1" TYPE="SECTION">
<HEAD>§ 33.1   Purpose.</HEAD>
<P>The regulations in this part set forth the requirements for dust collectors used in connection with rock drilling in coal mines to procure their certification as permissible for use in coal mines; procedures for applying for such certification; and fees. 


</P>
</DIV8>


<DIV8 N="§ 33.2" NODE="30:1.0.1.2.15.1.1.2" TYPE="SECTION">
<HEAD>§ 33.2   Definitions.</HEAD>
<P>As used in this part: 
</P>
<P>(a) <I>Permissible,</I> as applied to a dust collector, means that it conforms to the requirements of this part, and that a certificate of approval to that effect has been issued. 
</P>
<P>(b) <I>Bureau</I> means the United States Bureau of Mines. 
</P>
<P>(c) <I>Certificate of approval</I> means a formal document issued by MSHA stating that the dust collector unit or combination unit has met the requirements of this part, and authorizing the use and attachment of an official approval plate or a marking so indicating. 
</P>
<P>(d) <I>Certificate of performance</I> means a formal document issued by MSHA stating that a dust-collecting system has met the test requirements of Subpart C of this part and therefore is suitable for use as part of permissible units. 
</P>
<P>(e) <I>Dust-collector unit</I> means a complete assembly of parts comprising apparatus for collecting the dust that results from drilling in rock in coal mines, and is independent of the drilling equipment. 
</P>
<P>(f) <I>Combination unit</I> means a rock-drilling device with an integral dust-collecting system, or mining equipment with an integral rock-drilling device and dust-collecting system. 
</P>
<P>(g) <I>Dust-collecting system</I> means an assembly of parts comprising apparatus for collecting the dust that results from drilling in rock and is dependent upon attachment to other equipment for its operation. 
</P>
<P>(h) <I>Applicant</I> means an individual, partnership, company, corporation, association, or other organization that designs and manufactures, assembles or controls the assembly of a dust-collecting system, dust-collector unit, or a combination unit, and seeks certification thereof. 
</P>
<P>(i) <I>MSHA</I> means the United States Department of Labor, Mine Safety and Health Administration. 
</P>
<CITA TYPE="N">[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 39 FR 24005, June 28, 1974; 43 FR 12317, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 33.3" NODE="30:1.0.1.2.15.1.1.3" TYPE="SECTION">
<HEAD>§ 33.3   Consultation.</HEAD>
<P>By appointment, applicants or their representatives may visit the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, to discuss with MSHA personnel proposed designs of equipment to be submitted in accordance with the regulations of this part. No charge is made for such consultation and no written report thereof will be made to the applicant.
</P>
<CITA TYPE="N">[70 FR 46343, Aug. 9, 2005, as amended at 73 FR 52213, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 33.4" NODE="30:1.0.1.2.15.1.1.4" TYPE="SECTION">
<HEAD>§ 33.4   Types of dust collectors for which certificates of approval may be granted.</HEAD>
<P>(a) Certificates of approval will be granted only for completely assembled dust-collector or combination units; parts or subassemblies will not be approved. 
</P>
<P>(b) The following types of equipment may be approved: Dust-collector or combination units having components designed specifically to prevent dissemination of airborne dust generated by drilling into coal-mine rock strata in concentrations in excess of those hereinafter stated in § 33.33 as allowable, and to confine or control the collected dust in such manner that it may be removed or disposed of without dissemination into the mine atmosphere in quantities that would create unhygienic conditions. 


</P>
</DIV8>


<DIV8 N="§ 33.5" NODE="30:1.0.1.2.15.1.1.5" TYPE="SECTION">
<HEAD>§ 33.5   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 33.6" NODE="30:1.0.1.2.15.1.1.6" TYPE="SECTION">
<HEAD>§ 33.6   Application procedures and requirements.</HEAD>
<P>(a)(1) No investigation or testing for certification will be undertaken by MSHA except pursuant to a written application (except as provided in paragraph (e) of this section), accompanied by all prescribed drawings, specifications, and related materials. The application and all related matters and correspondence shall be addressed to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.
</P>
<P>(b) The application shall specify the operating conditions (see § 33.22) for which certification is requested. 
</P>
<P>(c) Shipment of the equipment to be tested shall be deferred until MSHA has notified the applicant that the application will be accepted. Shipping instructions will be issued by MSHA and shipping charges shall be prepaid by the applicant. Upon completion of the investigation and notification thereof to the applicant by MSHA, the applicant shall remove his equipment promptly from the test site (see § 33.30). 
</P>
<P>(d) Drawings and specifications shall be adequate in number and detail to identify fully the design of the unit or system and to disclose its materials and detailed dimensions of all component parts. Drawings must be numbered and dated to insure accurate identification and reference to records, and must show the latest revision. Specifications and drawings, including a complete assembly drawing with each part that affects dust collection identified thereon, shall include: 
</P>
<P>(1) Details of all dust-collector parts. A manufacturer who supplies the applicant with component parts or sub- assemblies may submit drawings and specifications of such parts or subassemblies direct to MSHA instead of to the applicant. If the unit or system is certified, MSHA will supply the applicant with a list, in duplicate, of drawing numbers pertaining to such parts or subassemblies for identification purposes only. 
</P>
<P>(2) Details of the electrical parts of units designed to operate as face equipment (see § 33.38) in accordance with the provisions of Part 18 of Subchapter D of this chapter. (Bureau of Mines Schedule 2, revised, the current revision of which is Schedule 2F). 
</P>
<P>(3) Storage capacity of the various stages of dust collection in the dust separator. 
</P>
<P>(4) Net filter area in the dust separator, and complete specifications of the filtering material. 
</P>
<P>(e) If an application is made for certification of a dust-collector unit or a combination unit that includes electrical parts, and is designed to operate as electric face equipment, as defined in § 33.38, the application shall be in triplicate. 
</P>
<P>(f) The application shall state that the unit or system is completely developed and of the design and materials which the applicant believes to be suitable for a finished marketable product. 
</P>
<P>(g) The applicant shall furnish a complete unit or system for inspection and testing. Spare parts, such as gaskets and other expendable components subject to wear in normal operation, shall be supplied by the applicant to permit continuous operation during test periods. If special tools are necessary to disassemble any part for inspection or test, they shall be furnished by the applicant. 
</P>
<P>(h) Each unit or system shall be carefully inspected before it is shipped from the place of manufacture or assembly and the results of the inspection shall be recorded on a factory-inspection form. The applicant shall furnish MSHA with a copy of the factory-inspection form with his application. The form shall direct attention to the points that must be checked to make certain that all parts are in proper condition, complete in all respects, and in agreement with the drawings and specifications filed with MSHA. 
</P>
<P>(i) With the application the applicant shall furnish MSHA with complete instructions for operating and servicing the unit or system and information as to the kind of power required. After MSHA's investigation, if any revision of the instructions is required a revised copy thereof shall be submitted to MSHA for inclusion with the drawings and specifications.
</P>
<CITA TYPE="N">[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 43 FR 12317, Mar. 24, 1978; 47 FR 14696, Apr. 6, 1982; 47 FR 28095, June 29, 1982; 60 FR 33723, June 29, 1995; 68 FR 36422, June 17, 2003; 70 FR 46343, Aug. 9, 2005; 73 FR 52213, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 33.7" NODE="30:1.0.1.2.15.1.1.7" TYPE="SECTION">
<HEAD>§ 33.7   Date for conducting tests.</HEAD>
<P>The date of acceptance of an application will determine the order of precedence for testing when more than one application is pending, and the applicant will be notified of the date on which tests will begin. If a unit or system fails to meet any of the requirements, it shall lose its order of precedence. If an application is submitted to resume testing after correction of the cause of failure, it will be treated as a new application and the order of precedence for testing will be so determined. 


</P>
</DIV8>


<DIV8 N="§ 33.8" NODE="30:1.0.1.2.15.1.1.8" TYPE="SECTION">
<HEAD>§ 33.8   Conduct of investigations, tests, and demonstrations.</HEAD>
<P>(a) Prior to the issuance of a certificate of approval or performance, necessary government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon, may observe the investigations or tests. MSHA shall hold as confidential and shall not disclose principles or patentable features, nor shall it disclose any details of drawings, specifications, and related materials. After the issuance of a certificate, MSHA may conduct such public demonstrations and tests of the unit or system as it deems appropriate. The conduct of all investigations, tests, and demonstrations shall be under the direction and control of MSHA, and any other persons shall be present only as observers, except as noted in paragraph (b) of this section. 
</P>
<P>(b) When requested by MSHA, the applicant shall provide assistance in disassembling parts for inspection, preparing parts for testing, and operating combination units. 
</P>
<CITA TYPE="N">[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 39 FR 24005, June 28, 1974]


</CITA>
</DIV8>


<DIV8 N="§ 33.9" NODE="30:1.0.1.2.15.1.1.9" TYPE="SECTION">
<HEAD>§ 33.9   Certification of dust-collecting systems.</HEAD>
<P>Manufacturers of dust-collecting systems that are designed for integral use on machines with drilling equipment may apply to MSHA to issue a certificate of performance for such systems. To qualify for a certificate of performance, the dust-collecting system shall have met satisfactorily the test requirements of Subpart C under specified operating conditions, such as type of drilling equipment, drilling speed, and power requirements and the construction thereof shall be adequately covered by specifications and drawings officially recorded and filed with MSHA. Individual parts of dust-collecting systems will not be certified for performance. Certificates of performance may be cited to fabricators of combination units as evidence that further inspection and testing of the dust-collecting system will not be required, provided the dust-collecting requirements of the drilling equipment do not exceed the limits of performance for which the system was certified. Since MSHA does not sanction the use of the words “permissible” or “approved” except as applying to completely assembled equipment, dust-collecting systems, which have been certified only as to performance, shall not be advertised or labeled in a manner inferring that such systems themselves are permissible or approved by MSHA. However, a certified system may be advertised as suitable for use on combination units for which certification may be desired if the limits of its performance are cited. Certified dust-collecting systems shall bear labels or tags which shall contain the following: “Performance-tested Dust Collecting, System, MSHA File No. P/T________,” and name of manufacturer, identifying numbers of the dust-collector parts, and description of the limitations for which performance is certified. MSHA will assign a P/T file number in the certification letter. 


</P>
</DIV8>


<DIV8 N="§ 33.10" NODE="30:1.0.1.2.15.1.1.10" TYPE="SECTION">
<HEAD>§ 33.10   Certificates of approval or performance.</HEAD>
<P>(a) Upon completion of an investigation, MSHA will issue to the applicant either a certificate or a written notice of disapproval, as they case may require. No informal notification of approval will be issued. If a certificate is issued, no test data or detailed results of tests will accompany it. If a notice of disapproval is issued, it will be accompanied by details of the defects, with a view to possible correction. MSHA will not disclose, except to the applicant, any information on a unit or system upon which a notice of disapproval has been issued. 
</P>
<P>(b) A certificate will be accompanied by a list of the drawings and specifications covering the details of design and construction of the unit or system, including the electrical parts, if applicable, upon which the certificate is based. Applicants shall keep exact duplicates of the drawings and specifications submitted and the list of drawing numbers referred to in § 33.6(d)(1) that relate to the certified unit or system, and these are to be adhered to exactly in production. 


</P>
</DIV8>


<DIV8 N="§ 33.11" NODE="30:1.0.1.2.15.1.1.11" TYPE="SECTION">
<HEAD>§ 33.11   Approval plates.</HEAD>
<P>(a) A certificate of approval will be accompanied by a photograph of a design for an approval plate, bearing the emblem of the Mine Safety and Health Administration, the name of the applicant, the name of the unit, the approval number or space for the approval number (or numbers if permissibility of electrical parts is involved), spaces for the type and the serial numbers of the unit, conditions of approval, and identifying numbers of the dust-collector parts. When deemed necessary by MSHA, an appropriate statement shall be added, giving the precautions to be observed in maintaining the unit in an approved condition. 
</P>
<P>(b) An approval plate for a unit designed for use in a nongassy coal mine shall state that any electrical parts are not certified for use in a gassy coal mine. (See § 33.38(c).) 
</P>
<P>(c) The applicant shall reproduce the design either as a separate plate or by stamping or molding it in some suitable place on each unit to which it relates. The size, type, and method of attaching and location of an approval plate are subject to the approval of MSHA. The method of affixing the plate shall not impair the dust-collection or explosion-proof features of the unit. 
</P>
<P>(d) The approval plate identifies the unit, to which it is attached, as permissible, and is the applicant's guarantee that the unit complies with the requirements of this part. Without an approval plate, no unit has the status of “permissible” under the provisions of this part. 
</P>
<P>(e) Use of the approval plate obligates the applicant to whom the certificate of approval was granted to maintain the quality of each unit bearing it and guarantees that it is manufactured and assembled according to the drawings and specifications upon which a certificate of approval was based. Use of the approval plate is not authorized except on units that conform strictly with the drawings and specifications upon which the certificate of approval was based. 
</P>
<CITA TYPE="N">[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 43 FR 12317, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 33.12" NODE="30:1.0.1.2.15.1.1.12" TYPE="SECTION">
<HEAD>§ 33.12   Changes after certification.</HEAD>
<P>If an applicant desires to change any feature of a certified unit or system, he shall first obtain MSHA's approval of the change, pursuant to the following procedure: 
</P>
<P>(a)(1) Application shall be made as for an original certificate, requesting that the existing certification be extended to cover the proposed changes, and shall be accompanied by drawings, specifications, and related data showing the changes in detail. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
</P>
<P>(b) The application will be examined by MSHA to determine whether inspection and testing will be required. Testing will be necessary if there is a possibility that the modification may affect adversely the performance of the unit or system. MSHA will inform the applicant whether such testing is required and the components or materials to be submitted for that purpose.
</P>
<P>(c) If the proposed modification meets the requirements of this part and Part 18 of Subchapter D of this chapter (Bureau of Mines Schedule 2, revised, the current revision of which is Schedule 2F) if applicable, a formal extension of certification will be issued, accompanied by a list of new and corrected drawings and specifications to be added to those already on file as the basis for the extension of certification. 
</P>
<CITA TYPE="N">[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 52 FR 17515, May 8, 1987; 68 FR 36422, June 17, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 33.13" NODE="30:1.0.1.2.15.1.1.13" TYPE="SECTION">
<HEAD>§ 33.13   Withdrawal of certification.</HEAD>
<P>MSHA reserves the right to rescind for cause, at any time, any certification granted under this part. 


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.15.2" TYPE="SUBPART">
<HEAD>Subpart B—Dust-Collector Requirements</HEAD>


<DIV8 N="§ 33.20" NODE="30:1.0.1.2.15.2.1.1" TYPE="SECTION">
<HEAD>§ 33.20   Design and construction.</HEAD>
<P>(a) MSHA will not test or investigate any dust collector that in its opinion is not constructed of suitable materials, that evidences faulty workmanship, or that is not designed upon sound engineering principles. Since all possible designs, arrangements, or combinations of components and materials cannot be foreseen, MSHA reserves the right to modify the tests specified in this part in such manner to obtain substantially the same information and degree of protection as provided by the tests described in Subpart C of this part. 
</P>
<P>(b) Adequacy of design and construction of a unit or system will be determined in accordance with its ability (1) to prevent the dissemination of objectionable or harmful concentrations of dust into a mine atmosphere, and (2) to protect against explosion and/or fire hazards of electrical equipment, except as provided in § 33.38(b). 


</P>
</DIV8>


<DIV8 N="§ 33.21" NODE="30:1.0.1.2.15.2.1.2" TYPE="SECTION">
<HEAD>§ 33.21   Modification of test equipment.</HEAD>
<P>For test purposes the unit or system may be modified, such as by attaching instruments or measuring devices, at MSHA's discretion; but such modification shall not alter its performance. 


</P>
</DIV8>


<DIV8 N="§ 33.22" NODE="30:1.0.1.2.15.2.1.3" TYPE="SECTION">
<HEAD>§ 33.22   Mode of use.</HEAD>
<P>(a) A unit or system may be designed for use in connection with percussion and/or rotary drilling in any combination of the following drilling positions: (1) Vertically upward, (2) upward at angles to the vertical, (3) horizontally, and (4) downward. 
</P>
<P>(b) Dust-collector units may be designed for use with specific drilling equipment or at specific drilling speeds. 


</P>
</DIV8>


<DIV8 N="§ 33.23" NODE="30:1.0.1.2.15.2.1.4" TYPE="SECTION">
<HEAD>§ 33.23   Mechanical positioning of parts.</HEAD>
<P>All parts of a unit that are essential to the dust-collection feature shall be provided with suitable mechanical means for positioning and maintaining such parts properly in relation to the stratum being drilled. 


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.2.15.3" TYPE="SUBPART">
<HEAD>Subpart C—Test Requirements</HEAD>


<DIV8 N="§ 33.30" NODE="30:1.0.1.2.15.3.1.1" TYPE="SECTION">
<HEAD>§ 33.30   Test site.</HEAD>
<P>Tests shall be conducted at an appropriate location determined by MSHA. 
</P>
<CITA TYPE="N">[39 FR 24005, June 28, 1974] 


</CITA>
</DIV8>


<DIV8 N="§ 33.31" NODE="30:1.0.1.2.15.3.1.2" TYPE="SECTION">
<HEAD>§ 33.31   Test space.</HEAD>
<P>(a) Drilling tests shall be conducted in a test space formed by two curtains suspended across a mine opening in such a manner that the volume of the test space shall be approximately 2,000 cubic feet. 
</P>
<P>(b) No mechanical ventilation shall be provided in the test space during a drilling test, except such air movement as may be induced by operation of drilling- or dust-collecting equipment. 
</P>
<P>(c) All parts of a unit or system shall be within the test space during a drilling test. 


</P>
</DIV8>


<DIV8 N="§ 33.32" NODE="30:1.0.1.2.15.3.1.3" TYPE="SECTION">
<HEAD>§ 33.32   Determination of dust concentration.</HEAD>
<P>(a) Concentrations of airborne dust in the test space shall be determined by sampling with a midget impinger apparatus, and a light-field microscopic technique shall be employed in determining concentrations of dust in terms of millions of particles (5 microns or less in diameter) per cubic foot of air sampled. 
</P>
<P>(b) Before a drilling test is started the surfaces of the test space shall be wetted; the test space shall be cleared of air-borne dust insofar as practicable by mechanical ventilation or other means; and an atmospheric sample, designated as a control sample, shall be collected during a 5-minute period to determine residual airborne dust in the test space. 
</P>
<P>(c) A sample of airborne dust, designated as a test sample, shall be collected in the breathing zone of the drill operators during the drilling of each test hole. Time consumed in changing drill steel shall not be considered as drilling time and sampling shall be discontinued during such periods. 
</P>
<CITA TYPE="N">[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 28, 1961]


</CITA>
</DIV8>


<DIV8 N="§ 33.33" NODE="30:1.0.1.2.15.3.1.4" TYPE="SECTION">
<HEAD>§ 33.33   Allowable limits of dust concentration.</HEAD>
<P>(a) The concentration of dust determined by the control sample shall be subtracted from the average concentration of dust determined by the test samples collected at each drill operator's position, and the difference shall be designated as the net concentration of airborne dust. Calculations of the average concentration of dust determined from the test samples shall be based upon the results of not less than 80 percent of each set of test samples. 
</P>
<P>(b) Under each prescribed test condition, the net concentration of airborne dust at each drill operator's position shall not exceed 10 million particles (5 microns or less in diameter) per cubic foot of air when determined in accordance with the method given in § 33.32(a). 
</P>
<CITA TYPE="N">[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 28, 1961]


</CITA>
</DIV8>


<DIV8 N="§ 33.34" NODE="30:1.0.1.2.15.3.1.5" TYPE="SECTION">
<HEAD>§ 33.34   Drilling test.</HEAD>
<P>(a) A drilling test shall consist of drilling a set of 10 test holes, without undue delay, under specified operating conditions. When the test involves the control of dust from more than one drill, all the drills shall be used in the intended manner to complete the set of test holes. 
</P>
<P>(b) Holes shall be drilled to a depth of 4 feet plus or minus 2 inches and shall be spaced so as not to interfere with adjacent holes. Each hole may be plugged after completion. 
</P>
<P>(c) Receptacles and filters for collecting drill cuttings shall be emptied and cleaned before each drilling test is started. 
</P>
<P>(d) Holes designated as “vertical” shall be drilled to incline not more than 10 degrees to the vertical. Holes designated as “angle” shall be drilled to incline not less than 30 and not more than 45 degrees to the vertical. Holes designated as “horizontal” shall be drilled to incline not more than 15 degrees to the horizontal. 
</P>
<CITA TYPE="N">[Sched. 25B, 25 FR 6473, July 9, 1960, as amended at 26 FR 2599, Mar. 28, 1961]


</CITA>
</DIV8>


<DIV8 N="§ 33.35" NODE="30:1.0.1.2.15.3.1.6" TYPE="SECTION">
<HEAD>§ 33.35   Methods of drilling; dust-collector unit.</HEAD>
<P>(a) <I>General.</I> All drilling shall be done with conventional, commercial drilling equipment—pneumatic-percussion, hydraulic-rotary, and/or electric-rotary types—in accordance with the applicant's specifications. 
</P>
<P>(b) <I>Pneumatic-percussion drilling.</I> A stoper-type drill with a piston diameter of 2
<FR>1/2</FR> to 3 inches shall be used for roof drilling, A hand-held, sinker-type drill with a piston diameter of 2
<FR>1/2</FR> to 3 inches shall be used for down drilling and also for horizontal drilling, except that the drill shall be supported mechanically. Compressed air for operating the drill shall be supplied at a gage pressure of 85-95 pounds per square inch. Drill bits shall be detachable, cross type with hard inserts, and shall be sharp when starting to drill each set of 10 holes. In roof drilling, 1
<FR>1/4</FR>- and 1
<FR>1/2</FR>-inch diameter drill bits shall be used; in horizontal and down drilling, 1
<FR>3/4</FR>-inch diameter bits shall be used. The drill steel shall be 
<FR>7/8</FR>-inch hexagonal and of hollow type to permit the introduction of compressed air through the drill steel when necessary to clean a hole during drilling. 
</P>
<P>(c) <I>Rotary drilling.</I> A hydraulic-rotary drill with a rated drilling speed of 18 feet per minute free lift, capable of rotating drill steel at 900 revolutions per minute with 100 foot-pounds torque, and having a feed force of 7,000 pounds, shall be used for roof drilling. An electric-rotary drill, supported by a post mounting, with a rated drilling speed of 30 inches per minute and powered by a 2.25 horsepower motor, shall be used for horizontal drilling. For roof drilling, the bits shall be hard-tipped, 1
<FR>3/8</FR> and 1
<FR>1/2</FR> inches outside diameter, and 1
<FR>1/4</FR>-inch auger-type drill steel shall be used. For horizontal drilling, the bits shall be hard-tipped, 2 inches outside diameter, and 1
<FR>3/4</FR>-inch auger-type drill steel shall be used. Drill bits shall be sharp when starting to drill each set of 10 holes. 


</P>
</DIV8>


<DIV8 N="§ 33.36" NODE="30:1.0.1.2.15.3.1.7" TYPE="SECTION">
<HEAD>§ 33.36   Method of drilling; combination unit or dust-collecting system.</HEAD>
<P>Drilling shall be conducted in accordance with the applicant's specifications and operating instructions. If special drill bits or drill steel are required, they shall be furnished to MSHA by the applicant. Otherwise the drill bit and drill steel requirements stated in paragraphs (b) and (c) of § 33.35 shall be complied with for all types of combination units or dust-collecting systems. 


</P>
</DIV8>


<DIV8 N="§ 33.37" NODE="30:1.0.1.2.15.3.1.8" TYPE="SECTION">
<HEAD>§ 33.37   Test procedure.</HEAD>
<P>(a) Roof drilling: Drilling shall be done in friable strata, similar to the roof in the Bureau's Experimental Mine, which tends to produce large scale-like cuttings. 
</P>
<P>(b) Horizontal drilling: Drilling shall be done in strata comparable in hardness to that of coal-mine draw slate. Holes shall be started near the roof of the test space under conditions simulating the drilling of draw slate in coal mining. 
</P>
<P>(c) Down drilling: Drilling shall be done in typical mine floor strata with a pneumatic percussion-type drill. Five holes shall be drilled vertically and five holes shall be drilled at an angle. 
</P>
<P>(d) At MSHA's discretion drilling in “on site” strata may be acceptable in lieu of strata requirements in paragraphs (a), (b), and (c) of this section. (See § 33.20(a).) 


</P>
</DIV8>


<DIV8 N="§ 33.38" NODE="30:1.0.1.2.15.3.1.9" TYPE="SECTION">
<HEAD>§ 33.38   Electrical parts.</HEAD>
<P>(a) Units with electrical parts and designed to operate as electric face equipment (see definition, § 45.44-1 of this chapter) in gassy coal mines shall meet the requirements of Part 18 of Subchapter D of this chapter (Bureau of Mines Schedule 2, revised, the current revision of which is Schedule 2F), and the examination and testing of the electrical parts shall be entirely separate from the examination and testing of dust-collecting equipment as such. 
</P>
<P>(b) Units with electrical parts designed to operate only outby the last open crosscut in a gassy coal-mine entry, room, or other opening (including electric-drive units with their controls and push buttons) are not required to comply with the provisions of Part 18 of Subchapter D of this chapter (Bureau of Mines Schedule 2, revised, the current revision of which is Schedule 2F). 
</P>
<P>(c) Units with electrical parts and designed for operation only in nongassy coal mines are not required to comply with the provisions of Part 18 of Subchapter D of this chapter (Bureau of Mines Schedule 2, revised, the current revision of which is Schedule 2F). (See § 33.11(b).) 


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="35" NODE="30:1.0.1.2.16" TYPE="PART">
<HEAD>PART 35—FIRE-RESISTANT HYDRAULIC FLUIDS 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>Schedule 30, 24 FR 10201, Dec. 17, 1959, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.16.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 35.1" NODE="30:1.0.1.2.16.1.1.1" TYPE="SECTION">
<HEAD>§ 35.1   Purpose.</HEAD>
<P>The regulations in this part set forth the requirements for fire-resistant hydraulic fluids and concentrates for the production thereof to procure their certification as approved for use in machines and devices that are operated in coal mines and procedures for applying for such certification.
</P>
<CITA TYPE="N">[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 8, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 35.2" NODE="30:1.0.1.2.16.1.1.2" TYPE="SECTION">
<HEAD>§ 35.2   Definitions.</HEAD>
<P>As used in this part—
</P>
<P>(a) <I>Permissible,</I> as applied to hydraulic fluids, means that the fluid conforms to the requirements of this part, and that a certificate of approval to that effect has been issued. 
</P>
<P>(b) <I>MSHA</I> means the United States Department of Labor, Mine Safety and Health Administration. 
</P>
<P>(c) <I>Certificate of approval</I> means a formal document issued by MESA stating that the fluid has met the requirements of this part for fire-resistant hydraulic fluids and authorizing the use of an official identifying marking so indicating. 
</P>
<P>(d) <I>Fire-resistant hydraulic fluid</I> means a fluid of such chemical composition and physical characteristics that it will resist the propagation of flame. 
</P>
<P>(e) <I>Concentrate</I> means a substance in concentrated form that might not be fire resistant as such but when mixed with water or other vehicle in accordance with instructions furnished by the applicant will constitute a fire-resistant hydraulic fluid. 
</P>
<P>(f) <I>Applicant</I> means an individual, partnership, company, corporation, association, or other organization that manufactures, compounds, refines, or otherwise produces, a fire-resistant hydraulic fluid or a concentrate for the production thereof, and seeks a certificate of approval. 
</P>
<CITA TYPE="N">[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 39 FR 24005, June 28, 1974; 43 FR 12317, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 35.3" NODE="30:1.0.1.2.16.1.1.3" TYPE="SECTION">
<HEAD>§ 35.3   Consultation.</HEAD>
<P>By appointment, applicants or their representatives may visit the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed fluids to be submitted in accordance with the regulations of this part.. No charge is made for such consultation and no written report thereof will be submitted to the applicant. 
</P>
<CITA TYPE="N">[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 24, 1978; 60 FR 35694, July 11, 1995; 73 FR 52213, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 35.4" NODE="30:1.0.1.2.16.1.1.4" TYPE="SECTION">
<HEAD>§ 35.4   Types of hydraulic fluid for which certificates of approval may be granted.</HEAD>
<P>Certificates of approval will be granted for completely compounded or mixed fluids and not for individual ingredients; except that when a concentrate is submitted for testing, complete instructions for mixing with water or other vehicle shall be furnished to MSHA, together with the vehicle other than water, and the approval will cover only the specific mixture that constitutes the hydraulic fluid for use in coal mines. 


</P>
</DIV8>


<DIV8 N="§ 35.5" NODE="30:1.0.1.2.16.1.1.5" TYPE="SECTION">
<HEAD>§ 35.5   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 35.6" NODE="30:1.0.1.2.16.1.1.6" TYPE="SECTION">
<HEAD>§ 35.6   Application procedures and requirements.</HEAD>
<P>(a)(1) No investigation or testing will be undertaken by MSHA except pursuant to a written application accompanied by all descriptions, specifications, test samples, and related materials. The application and all related matters and correspondence shall be addressed to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part.
</P>
<P>(b) Descriptions and specifications shall be adequate in detail to identify fully the composition of the hydraulic fluid and to disclose its characteristics. Descriptions and specifications shall include: 
</P>
<P>(1) An identifying name or number of the fluid or concentrate for the production thereof. 
</P>
<P>(2) Pour point, °F.; freezing point, °F.; color; neutralization number or pH; viscosity at 100 °F., 150 °F., 175 °F. (Saybolt or Furol); viscosity index; specific gravity. 
</P>
<P>(3) A statement of the water or other vehicle content in percent by weight or volume and how it affects fire resistance of the hydraulic fluid. If water is the vehicle, the statement shall include the applicant's method for determining water content quickly in the field. 
</P>
<P>(c) The application shall state whether the fluid submitted for test is toxic or irritating to the skin and what precautions are necessary in handling it. 
</P>
<P>(d) The application shall state that the applicant has tested the fluid which he believes to have fire-resistant properties, the basis for such determination, and submit with his application the data resulting from the applicant's use or laboratory tests to determine the fire-resistant properties of the fluid. 
</P>
<P>(e) The application shall contain evidence that the fluid has lubricating and hydraulic properties and is satisfactory for use in underground mining machinery; and shall state that the fluid, or concentrate for the production thereof, is fully developed and is of the composition that the applicant believes to be a suitable marketable product. 
</P>
<P>(f) The application shall state the nature, adequacy, and continuity of control of the constituents of the fluid to maintain its fire-resistant characteristics and how each lot will be sampled and tested to maintain its protective qualities. MSHA reserves the right to have its qualified representative(s) inspect the applicant's control-test equipment, procedures, and records, and to interview the personnel who conduct the control tests to satisfy MSHA that the proper procedure is being followed to insure that the fire-resistant qualities of the hydraulic fluid are maintained. 
</P>
<P>(g) When MSHA notifies the applicant that the application will be accepted, it will also notify him as to the number of samples and related materials that will be required for testing. Ordinarily a 5-gallon sample of hydraulic fluid will be required provided that it is a finished product or, if in concentrate form, enough shall be furnished to make a 5-gallon sample when mixed with water or other vehicle according to the applicant's instructions. All samples and related materials required for testing must be delivered (charges prepaid) to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
</P>
<CITA TYPE="N">[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 24, 1978; 60 FR 35694, July 11, 1995; 68 FR 36422, June 17, 2003; 70 FR 46344, Aug. 9, 2005; 73 FR 52213, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 35.7" NODE="30:1.0.1.2.16.1.1.7" TYPE="SECTION">
<HEAD>§ 35.7   Date for conducting tests.</HEAD>
<P>The date of acceptance of an application will determine the order of precedence for testing when more than one application is pending, and the applicant will be notified of the date on which tests will begin. However, not more than two fluids will be tested consecutively for one applicant provided other applications are pending. If a fluid fails to meet any of the requirements, it shall lose its order of precedence. If an application is submitted to resume testing after correction of the course of failure, it will be treated as a new application and the order of precedence for testing will be so determined. 


</P>
</DIV8>


<DIV8 N="§ 35.8" NODE="30:1.0.1.2.16.1.1.8" TYPE="SECTION">
<HEAD>§ 35.8   Conduct of investigations, tests, and demonstrations.</HEAD>
<P>Prior to the issuance of a certificate of approval, necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon, may observe the investigations or tests. MSHA shall hold as confidential and shall not disclose features of this hydraulic fluid such as the chemical analysis, specifications, descriptions, and related material. After issuing a certificate of approval MSHA may conduct such public demonstrations and tests of the approved hydraulic fluid as it deems appropriate. The conduct of all investigations, tests, and demonstrations shall be under the direction and control of MSHA, and any other persons shall be present only as observers. 
</P>
<CITA TYPE="N">[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 39 FR 24005, June 28, 1974] 


</CITA>
</DIV8>


<DIV8 N="§ 35.9" NODE="30:1.0.1.2.16.1.1.9" TYPE="SECTION">
<HEAD>§ 35.9   Certificates of approval.</HEAD>
<P>(a) Upon completion of an investigation of a hydraulic fluid MSHA will issue to the applicant either a certificate of approval or a written notice of disapproval as the case may require. No informal notification of approval will be issued. If a certificate of approval is issued, no test data or detailed results of tests will accompany it. If a notice of disapproval is issued, it will be accompanied by details of the defect(s), with a view to possible correction. MSHA will not disclose, except to the applicant, any information on a fluid upon which a notice of disapproval has been issued. 
</P>
<P>(b) A certificate of approval will be accompanied by a list of specifications covering the characteristics of a hydraulic fluid upon which the certificate of approval is based. In addition to the applicant's record of control in maintaining the fire-resistant characteristics, applicants shall keep exact duplicates of the specifications that have been submitted to MSHA and that relate to any fluid which has received a certificate of approval; and these are to be adhered to exactly in production of the certified fluid for commercial purposes. 


</P>
</DIV8>


<DIV8 N="§ 35.10" NODE="30:1.0.1.2.16.1.1.10" TYPE="SECTION">
<HEAD>§ 35.10   Approval labels or markings.</HEAD>
<P>(a) A certificate of approval will be accompanied by a photograph of a design for an approval label or marking, which shall bear the emblem of the Mine Safety and Health Administration and shall be inscribed substantially as follows: 
</P>
<EXTRACT>
<HD1>Permissible Fire-Resistant Hydraulic Fluid 
</HD1>
<FP-DASH>MSHA Approval No. 
</FP-DASH>
<FP-DASH>Issued to 
</FP-DASH>
<FRP>(Name of Applicant)  </FRP></EXTRACT>
<P>(b) A label so inscribed shall be attached to each fluid container in such a manner that it cannot be easily removed or containers may be so marked with a metal stencil. The letters and numbers shall be at least 
<FR>1/2</FR> inch in height and of a color which contrasts with that of the container. 
</P>
<P>(c) For a concentrate the label or marking shall clearly indicate that the certification thereof applies only when the concentrate is used in exact conformance with the instructions on such label or marking. The label or marking shall clearly indicate the exact amount of water or other vehicle to make the fire-resistant hydraulic fluid upon which the certificate of approval was based. 
</P>
<P>(d) Appropriate instructions and caution statements on the handling of the hydraulic fluid or concentrate shall be included on the approval label or marking. 
</P>
<P>(e) Use of MSHA's approval label or marking obligates the applicant to whom the certificate of approval was granted to maintain the fire-resistant characteristics of the hydraulic fluid and guarantees that it is manufactured according to the specifications upon which the certificate of approval was based. Use of the approval label or marking is not authorized except on containers of hydraulic fluids that conform strictly with the specifications and characteristics upon which the certificate of approval was based. 
</P>
<CITA TYPE="N">[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 35.11" NODE="30:1.0.1.2.16.1.1.11" TYPE="SECTION">
<HEAD>§ 35.11   Material required for record.</HEAD>
<P>MSHA may retain for record all or part of the material submitted for testing. Any material that MSHA does not require will be returned to the applicant at his expense upon receipt of his written request and shipping instructions not more than 6 months after the termination or completion of the tests. Thereafter MSHA will dispose of such surplus material as it deems appropriate. 


</P>
</DIV8>


<DIV8 N="§ 35.12" NODE="30:1.0.1.2.16.1.1.12" TYPE="SECTION">
<HEAD>§ 35.12   Changes after certification.</HEAD>
<P>If an applicant desires to change any specification or characteristic of a certified hydraulic fluid, he shall first obtain MSHA's approval of the change, pursuant to the following procedures: 
</P>
<P>(a)(1) Application shall be made, as for an original certificate of approval, requesting that the existing certification be extended to cover the proposed change. The application shall be accompanied by specifications and related material as in the case of an original application. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
</P>
<P>(b) The application and related material(s) will be examined by MSHA to determine whether testing of the modified hydraulic fluid will be required. Testing will be necessary if there is a possibility that the modification may affect adversely the performance characteristics of the fluid. MSHA will inform the applicant in writing whether such testing is required. 
</P>
<P>(c) If the proposed modification meets the requirements of this part, a formal extension of certification will be issued, accompanied by a list of new and corrected specifications to be added to those already on file, as the basis for the extension of certification. 
</P>
<CITA TYPE="N">[Sched, 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 8, 1987; 68 FR 36422, June 17, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 35.13" NODE="30:1.0.1.2.16.1.1.13" TYPE="SECTION">
<HEAD>§ 35.13   Withdrawal of certification.</HEAD>
<P>MSHA reserves the right to rescind for cause, at any time, any certificate of approval granted under this part. 


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.16.2" TYPE="SUBPART">
<HEAD>Subpart B—Test Requirements</HEAD>


<DIV8 N="§ 35.20" NODE="30:1.0.1.2.16.2.1.1" TYPE="SECTION">
<HEAD>§ 35.20   Autogenous-ignition temperature test.</HEAD>
<P>(a) <I>Purpose.</I> The purpose of this test, referred to hereinafter as the ignition-temperature test, is to determine the lowest autogenous-ignition temperature of a hydraulic fluid at atmospheric pressure when using the syringe-injection method. 
</P>
<P>(b) <I>Description of apparatus</I>—(1) <I>Test flask.</I> The test flask, which is heated and into which the test sample is injected, shall be a commercial 200 ml. borosilicate glass Erlenmeyer flask. 
</P>
<P>(2) <I>Thermocouples.</I> Calibrated thermocouples—iron-constantan or chromelalumel—and a potentiometer shall be used for all temperature measurements. 
</P>
<P>(3) <I>Syringe.</I> A hypodermic syringe (0.25 or 1 cc. capacity) equipped with a 2-inch No. 18 stainless steel needle and calibrated in hundredths of a cubic centimeter (0.01 cc.) shall be used to inject samples into the heated test flask. 
</P>
<P>(4) <I>Timer.</I> An electric timer or stopwatch calibrated in not more than 0.2 second intervals shall be used to determine the time lag before ignition. 
</P>
<NOTE>
<HED>Note:</HED>
<P>Time lag is the time that elapses between the instant of injection and that of ignition of the test sample, as evidenced by flame.</P></NOTE>
<P>(5) <I>Furnace.</I> The furnace in which the ignition-temperature test is conducted shall consist of a refractory (alundum or equivalent) cylinder 5 inches in internal diameter and 5 inches in height; a transite-ring top and a transite-disk bottom, each of which is attached to a metal cylinder. The furnace is heated by three elements as follows: (i) A circumferential heater embedded in the refractory cylinder; (ii) a top or toroidal-neck heater that surrounds the neck of the test flask; and (iii) a flat base heater on which the test flask rests. The temperature of each heating element shall be controlled independently by an autotransformer. Means shall be provided for applying thermocouples at the neck, mid-section, and base of the test flask, which shall be inserted upright in the furnace. 
</P>
<P>(c) <I>Test procedures</I>—(1) <I>Temperature control.</I> Each autotransformer shall be so adjusted that the temperature at the neck, mid-section, and base of the test flask is uniform within ±2 °F. of the desired test temperature. 
</P>
<P>(2) <I>Sample injection and timing.</I> A 0.07 cc. test sample shall be injected into the heated test flask with the hypodermic syringe, and the syringe shall be withdrawn immediately. Measurement of time shall start at the instant the sample is injected. 
</P>
<P>(3) <I>Observations.</I> (i) If flame does not result in 5 minutes or more after injection of the test sample, the sample shall be considered nonflammable at the test temperature, and the timer shall be stopped. The test flask shall then be flushed well with clean dry air and, after a lapse of 15 minutes or more, the test shall be repeated with the test flask temperature raised 50 °F. ±2 °F. above the first test temperature. 
</P>
<P>(ii) If ignition (flame) is observed in 5 minutes or less after the injection of the test sample (0.07 cc.), the time lag (time interval) shall be noted. After an ignition occurs the temperature of the test flask shall be reduced 5 °F., and the test procedure repeated in decrements of 5 °F. until ignition no longer occurs and this temperature shall be noted as the first nonignition test temperature for the 0.07 cc. sample. 
</P>
<P>(iii) The temperature shall be increased 50 °F. ±2 °F. above the first nonignition test temperature, and the ignition-temperature test procedure shall be repeated with a 0.10 cc. test sample injected into the heated test flask. 
</P>
<P>(iv) If the lowest temperature at which ignition occurs with the 0.10 cc. sample (in decrements of 5 °F.) is lower than that obtained with the 0.07 cc. sample, the ignition-temperature test procedure shall be repeated using a test sample of 0.12 cc., then 0.15 cc., and so on by increments of 0.03 cc. until the lowest ignition temperature is obtained. 
</P>
<P>(v) If the lowest temperature at which ignition is obtained with the 0.10 cc. sample is greater than that obtained with the 0.07 cc. sample, the ignition temperature test procedure shall be repeated by reducing the test sample to 0.05 cc. and then to 0.03 cc. until the lowest ignition temperature is obtained. 
</P>
<P>(d) <I>Appraisal of test.</I> A fluid shall be considered fire-resistant, according to the test requirements of this section: <I>Provided,</I> That in no instance of the ignition-temperature test procedure, as stated in this section, shall the ignition temperature of the test sample be less than 600 °F. 


</P>
</DIV8>


<DIV8 N="§ 35.21" NODE="30:1.0.1.2.16.2.1.2" TYPE="SECTION">
<HEAD>§ 35.21   Temperature-pressure spray-ignition tests.</HEAD>
<P>(a) <I>Purpose.</I> The purpose of this test shall be to determine the flammability of a hydraulic fluid when it is sprayed over three different sources of ignition which are described in paragraph (b)(4) of this section. 
</P>
<P>(b) <I>Description of apparatus.</I> (1) A 3-quart pressure vessel, with the necessary connections, valves, and heating elements, shall be used for containing and heating the fluid under the test conditions as specified hereinafter. 
</P>
<P>(2) An atomizing round-spray nozzle, having a discharge orifice of 0.025-inch diameter, capable of discharging 3.28 gallons of water per hour with a spray angle of 90 degrees at a pressure of 100 p.s.i., shall be connected to the pressure vessel. 
</P>
<P>(3) A commercial pressurized cylinder, containing nitrogen with the customary regulators, valves, tubing, and connectors, shall be used to supply nitrogen to the pressure vessel described in paragraph (b) (1) of this section. 
</P>
<P>(4) Three igniting devices shall provide three different sources of ignition as follows: 
</P>
<P>(i) A metal trough with a metal cover in which cotton waste soaked in kerosene is ignited. 
</P>
<P>(ii) An electric arcing device in which the arc is produced by a 12,000-volt transformer. 
</P>
<P>(iii) A propane torch—Bernzomatic or equivalent. 
</P>
<P>(5) A means of measuring distances from the nozzle tip to the igniting device shall be provided. 
</P>
<P>(c) <I>Test procedures.</I> (1) A 2
<FR>1/2</FR>-quart sample of the fluid shall be poured into the pressure vessel and heated to a temperature of 150 °F. The temperature shall be maintained at not less than 145 °F. or not more than 155 °F. during the test. 
</P>
<P>(2) Nitrogen shall be introduced into the vessel at 150 p.s.i.g. 
</P>
<P>(3) The fluid shall be sprayed at each igniting device, described in paragraph (b) (4) of this section, which is moved along the trajectory of the spray. Each igniting device shall be held in the spray at different distances from the nozzle tip for one minute or until the flame or arc is extinguished (if less than one minute) to determine this fire-resistant characteristic of the fluid. 
</P>
<P>(d) <I>Appraisal of tests.</I> If the test procedures in paragraph (c) of this section do not result in an ignition of any sample of fluid or if an ignition of a sample does not result in flame propagation for a time interval not exceeding 6 seconds at a distance of 18 inches or more from the nozzle tip to the center of each igniting device, it shall be considered fire resistant, according to the test requirements of this section. 


</P>
</DIV8>


<DIV8 N="§ 35.22" NODE="30:1.0.1.2.16.2.1.3" TYPE="SECTION">
<HEAD>§ 35.22   Test to determine effect of evaporation on flammability.</HEAD>
<P>(a) <I>Purpose.</I> The purpose of this test shall be to determine the effect of evaporation on the reduction of fire resistance of a hydraulic fluid. 
</P>
<P>(b) <I>Description of apparatus</I>—(1) <I>Petri dish.</I> Standard laboratory Petri dishes, approximately 90 mm. by 16 mm., shall be used to contain the test samples. 
</P>
<P>(2) <I>Oven.</I> A gravity convection air oven, capable of maintaining the specified evaporation temperature constant within ±2 °F., shall be used in the test. 
</P>
<P>(3) <I>Pipe cleaner.</I> An ordinary smoker's pipe cleaner (U.S. Tobacco Co., Dill's or equivalent) shall be used in the test procedure, described in paragraph (c) of this section. 
</P>
<P>(c) <I>Test procedures.</I> (1) Three 30-milliliter samples of the fluid shall be placed in uncovered Petri dishes. Two of these samples shall be inserted in the oven, that shall have been heated to a temperature of 150 °F., ±2 °F., which shall be maintained throughout this test. The third sample shall remain at room temperature. 
</P>
<P>(2) An electrically operated cycling device, such as an automobile windshield wiper mechanism, shall be oscillated in a horizontal plane, 25 ±2 cycles per minute. A pipe cleaner shall be attached to the device so that it will enter and leave a flame of a standard (Bunsen or equivalent) laboratory burner, which is adjusted to provide a nonluminous flame approximately 4 inches in height without forming a sharp inner cone. The cycling device shall be so arranged that when a 2-inch length of pipe cleaner is attached thereto the exposed end shall describe an arc with a radius of 4 inches ±
<FR>1/8</FR> inch. The cycling device shall be so arranged that when the 2-inch length of pipe cleaner is attached thereto, its midpoint shall be in the center of the flame at one extreme end of the cycle. 
</P>
<P>(3) Each of five 2-inch lengths of pipe cleaner shall be soaked separately for a period of 2 minutes in the test sample that remained at room temperature. Each pipe cleaner shall then be removed from the test sample and permitted to drain freely until all excess fluid is expelled from it. Each soaked pipe cleaner shall be attached to the cycling device, the mechanism started, and the pipe cleaner permitted to enter and leave the burner flame, as described in paragraph (c) (2) of this section, until a self-sustaining flame shall be observed on the pipe cleaner. The number of cycles necessary to obtain a self-sustaining flame shall be noted and averaged for each of the five soaked pipe cleaners. 
</P>
<P>(4) After one test sample has remained in the oven for a period of 2 hours, the Petri dish containing it shall be removed from the oven and allowed to cool to room temperature, after which 5 lengths of 2-inch pipe cleaner shall be soaked separately in the test sample for a period of 2 minutes. Then the test procedure stated in paragraph (c) (3) of this section shall be repeated. 
</P>
<P>(5) After one test sample has remained in the oven for a period of 4 hours, the Petri dish containing it shall be removed from the oven and allowed to cool to room temperature, after which 5 lengths of 2-inch pipe cleaner shall be soaked separately in the test sample for a period of 2 minutes. Then the test procedure stated in paragraph (c) (3) of this section shall be repeated. 
</P>
<P>(d) <I>Appraisal of tests.</I> To be determined as fire resistant according to the test requirements of this section, the three following results shall be achieved: 
</P>
<P>(1) The average number of cycles before attaining a self-sustaining flame in the test described in paragraph (c) (3) of this section shall be 24 or more. 
</P>
<P>(2) The average number of cycles before attaining a self-sustaining flame in the test described in paragraph (c) (4) of this section shall be 18 or more. 
</P>
<P>(3) The average number of cycles before attaining a self-sustaining flame in the test described in paragraph (c) (5) of this section shall be 12 or more. 


</P>
</DIV8>


<DIV8 N="§ 35.23" NODE="30:1.0.1.2.16.2.1.4" TYPE="SECTION">
<HEAD>§ 35.23   Performance required for certification.</HEAD>
<P>To qualify as fire-resistant under the regulations of this part, a hydraulic fluid shall meet each performance requirement and stated in §§ 35.20(d), 35.21(d), and 35.22(d). 


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="36" NODE="30:1.0.1.2.17" TYPE="PART">
<HEAD>PART 36—APPROVAL REQUIREMENTS FOR PERMISSIBLE MOBILE DIESEL-POWERED TRANSPORTATION EQUIPMENT
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>Schedule 31, 26 FR 645, Jan. 24, 1961, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.2.17.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 36.1" NODE="30:1.0.1.2.17.1.1.1" TYPE="SECTION">
<HEAD>§ 36.1   Purpose.</HEAD>
<P>The regulations in this part set forth the requirements for mobile diesel-powered transportation equipment to procure their approval and certification as permissible; procedures for applying for such certification; and fees. 
</P>
<CITA TYPE="N">[61 FR 55525, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 36.2" NODE="30:1.0.1.2.17.1.1.2" TYPE="SECTION">
<HEAD>§ 36.2   Definitions.</HEAD>
<P>The following definitions apply in this part. 
</P>
<P><I>Applicant</I> An individual, partnership, company, corporation, association, or other organization, that designs, manufactures, assembles, or controls the assembly and that seeks a certificate of approval or preliminary testing of mobile diesel-powered transportation equipment as permissible. 
</P>
<P><I>Certificate of approval.</I> A formal document issued by MSHA stating that the complete assembly has met the requirements of this part for mobile diesel-powered transportation equipment and authorizing the use and attachment of an official approval plate so indicating. 
</P>
<P><I>Component.</I> A piece, part, or fixture of mobile diesel-powered transportation equipment that is essential to its operation as a permissible assembly. 
</P>
<P><I>Diesel engine.</I> A compression-ignition, internal-combustion engine that utilizes diesel fuel. 
</P>
<P><I>Explosion proof.</I> A component or subassembly that is so constructed and protected by an enclosure and/or flame arrester (s) that if a flammable mixture of gas is ignited within the enclosure it will withstand the resultant pressure without damage to the enclosure and/or flame arrester(s). Also the enclosure and/or flame arrester(s) shall prevent the discharge of flame or ignition of any flammable mixture that surrounds the enclosure. 
</P>
<P><I>Flame arrester.</I> A device so constructed that flame or sparks from the diesel engine cannot propagate an explosion of a flammable mixture through it. 
</P>
<P><I>Flammable mixture.</I> A mixture of gas, such as methane, natural gas, or similar hydrocarbon gas with normal air, that will propagate flame or explode violently when initiated by an incendive source. 
</P>
<P><I>Fuel-air ratio.</I> The composition of the mixture of fuel and air in the combustion chamber of the diesel engine expressed as weight-pound of fuel per pound of air. 
</P>
<P><I>MSHA.</I> The United States Department of Labor, Mine Safety and Health Administration. 
</P>
<P><I>Mobile diesel-powered transportation equipment.</I> Equipment that is: 
</P>
<P>(1) Used for transporting the product being mined or excavated, or for transporting materials and supplies used in mining or excavating operations; 
</P>
<P>(2) Mounted on wheels or crawler treads (tracks); and 
</P>
<P>(3) Powered by a diesel engine as the prime mover. 
</P>
<P><I>Normal operation.</I> When each component and the entire assembly of the mobile diesel-powered transportation equipment performs the functions for which they were designed. 
</P>
<P><I>Permissible.</I> As applied to mobile diesel-powered transportation equipment, this means that the complete assembly conforms to the requirements of this part, and that a certificate of approval to that effect has been issued. 
</P>
<P><I>Subassembly.</I> A group or combination of components. 
</P>
<CITA TYPE="N">[61 FR 55525, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 36.3" NODE="30:1.0.1.2.17.1.1.3" TYPE="SECTION">
<HEAD>§ 36.3   Consultation.</HEAD>
<P>By appointment, applicants or their representatives may visit the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, to discuss with qualified MSHA personnel proposed mobile diesel-powered transportation equipment to be submitted in accordance with the regulations of this part. No charge is made for such consultation and no written report thereof will be submitted to the applicant.
</P>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 24, 1978; 60 FR 35695, July 11, 1995; 73 FR 52213, Sept. 9, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 36.4" NODE="30:1.0.1.2.17.1.1.4" TYPE="SECTION">
<HEAD>§ 36.4   Mobile diesel-powered transportation equipment for which certificates of approval may be granted.</HEAD>
<P>Certificates of approval will be granted for completely assembled mobile diesel-powered transportation equipment only. Subassemblies or components may be granted letters of certification in accordance with § 36.5. 


</P>
</DIV8>


<DIV8 N="§ 36.5" NODE="30:1.0.1.2.17.1.1.5" TYPE="SECTION">
<HEAD>§ 36.5   Letters of certification.</HEAD>
<P>When a component or subassembly meets all of the applicable requirements of Subparts B and C of this part, and also its normal operation will not be affected by connection to adjacent components or subassemblies, MSHA will issue to the applicant, upon his request, a letter of certification informing him that additional inspection or tests of the component or subassembly will not be required when it is incorporated without modification in a piece of completely assembled mobile diesel-powered transportation equipment. The applicant may cite this letter of certification to another applicant who seeks approval and certification of his completely assembled mobile diesel-powered transportation equipment and who desires to incorporate the component or subassembly in such equipment. 


</P>
</DIV8>


<DIV8 N="§ 36.6" NODE="30:1.0.1.2.17.1.1.6" TYPE="SECTION">
<HEAD>§ 36.6   Application procedures and requirements.</HEAD>
<P>(a)(1) No investigation or testing will be undertaken by MSHA except pursuant to a written application accompanied by all descriptions, specifications, test samples, and related materials. The application and all related matters and correspondence shall be addressed to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part. 
</P>
<P>(b) Drawings, specifications, and descriptions shall be adequate in detail to identify fully the complete assembly, components, and subassemblies. Drawings, specifications, and descriptions shall include: 
</P>
<P>(1) Assembly drawing(s) showing the overall dimensions of the equipment, location and capacity of the fuel tank, location of flame arresters, exhaust-gas conditioner and its water-supply tank, if applicable, exhaust-gas dilution system, and other details that are essential to the functioning of the equipment. 
</P>
<P>(2) Except for equipment utilizing part 7, subpart F power packages, detailed drawings showing the intake, combustion, and exhaust systems of the diesel engine, including joints and gaskets; the turbulence or precombustion chamber, if applicable; injector assembly and nozzle details; and any surfaces that form the combustion chamber or part thereof, such as the cylinder head, piston and cylinder liner; and other features that may affect permissibility, such as exhaust-gas conditioner and flame arresters. 
</P>
<P>(3) Except for equipment utilizing part 7, subpart F power packages, a schematic drawing of the fuel system showing piping, connections, fuel filters, fuel-injection pump, and mechanical governor assembly. All components shall be identified to permit adjustment, as necessary, and the location of seals or locks to prevent tampering shall be indicated. 
</P>
<P>(4) Except for equipment utilizing part 7, subpart F power packages, drawing(s) specifying the kind of material and detailed dimensions of the components of explosion-proof enclosures, including joints and openings. 
</P>
<P>(5) Drawing(s) showing the construction of headlights, battery boxes, including seals or locks, and method of mounting. 
</P>
<P>(6) Other drawings, specifications, or descriptions identifying any feature that MSHA considers necessary for certification of the particular mobile diesel-powered transportation equipment. 
</P>
<P>(c) Shipment of the mobile diesel-powered transportation equipment or component part or subassembly as the case may be, shall be deferred until MSHA has notified the applicant that the application will be accepted. Shipping instructions will be issued by MSHA and shipping charges shall be prepaid by the application. Upon completion of the investigation and notification thereof to the applicant by MSHA, the applicant shall remove his equipment promptly from the test site (see § 36.40). 
</P>
<P>(d) The application shall state that the equipment is completely developed and of the design and materials that the applicant believes to be suitable for a finished marketable product or is a completely developed component or subassembly suitable for incorporation in a finished marketable complete assembly of mobile diesel-powered transportation equipment. If the final design of a component depends upon results of MSHA's tests, this shall be so stated in the application. 
</P>
<P>(e) For a complete investigation leading to approval and certification, the applicant shall furnish a complete operable assembly for inspecting and testing. Spare parts and expendable components, subject to wear in normal operation, shall be supplied by the applicant to permit continuous operation of the equipment during test periods. If special tools are necessary to disassembly any component for inspection or test, the applicant shall furnish these with the equipment to be tested. 
</P>
<P>(f) With each application, the applicant shall submit evidence of how he proposes to inspect his completely assembled mobile diesel-powered transportation equipment at the place of manufacture or assembly before shipment to purchasers. Ordinarily such inspection is recorded on a factory inspection form and the applicant shall furnish to MSHA a copy of his factory inspection form or equivalent with his application. The form shall direct attention to the points that must be checked to make certain that all components of the assembly are in proper condition, complete in all respects, and in agreement with the drawings, specifications, and descriptions filed with MSHA.
</P>
<P>(g) With the application, the applicant shall furnish to MSHA complete instructions for operating and servicing his equipment. After completing MSHA's investigation, if any revision of the instructions is required, a revised copy thereof shall be submitted to MSHA for inclusion with the drawings and specifications.
</P>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 24, 1978; 47 FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 61 FR 55526, Oct. 25, 1996; 68 FR 36422, June 17, 2003; 70 FR 46344, Aug. 9, 2005; 73 FR 52213, Sept. 9, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 36.7" NODE="30:1.0.1.2.17.1.1.7" TYPE="SECTION">
<HEAD>§ 36.7   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 36.8" NODE="30:1.0.1.2.17.1.1.8" TYPE="SECTION">
<HEAD>§ 36.8   Date for conducting tests.</HEAD>
<P>The date for acceptance of an application will determine the order of precedence for testing when more than one application is pending, and the applicant will be notified of the date on which tests will begin. If a complete assembly, or component, or subassembly fails to meet any of the requirements, it shall lose its order of precedence. However, if the cause of failure is corrected, testing will be resumed after completing such test work as may be in progress. 


</P>
</DIV8>


<DIV8 N="§ 36.9" NODE="30:1.0.1.2.17.1.1.9" TYPE="SECTION">
<HEAD>§ 36.9   Conduct of investigations, tests, and demonstrations.</HEAD>
<P>(a) Prior to the issuance of a certificate of approval or a letter of certification, as the case may require, necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon may observe the investigations or tests. MSHA shall hold as confidential and shall not disclose principles or patentable features prior to certification, nor shall it disclose any details of drawings, specifications, descriptions, or related materials. After the issuance of a certificate of approval, MSHA may conduct such public demonstrations and tests of the approved mobile diesel-powered transportation equipment as it deems appropriate. The conduct of all investigations, tests, and demonstrations shall be under the direction and control of MSHA, and any other persons shall be present only as observers, except as noted in paragraph (b) of this section. 
</P>
<P>(b) When requested by MSHA, the applicant shall provide assistance in disassembling parts for inspection, preparing parts for testing, and operating equipment during the tests. 
</P>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 39 FR 24006, June 28, 1974; 61 FR 55526, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 36.10" NODE="30:1.0.1.2.17.1.1.10" TYPE="SECTION">
<HEAD>§ 36.10   Certificate of approval.</HEAD>
<P>(a) Upon completion of investigation of a complete assembly of mobile diesel-powered transportation equipment, MSHA will issue to the applicant either a certificate of approval or a written notice of disapproval, as the case may require. No informal notification of approval will be issued. If a certificate of approval is issued, no test data or detailed results of tests will accompany it. If a notice of disapproval is issued, it will be accompanied by details of the defects, with a view to possible correction. MSHA will not disclose, except to the applicant, any information on mobile diesel-powered transportation equipment upon which a notice of disapproval has been issued. 
</P>
<P>(b) A certificate of approval will be accompanied by a list of drawings, specifications, and related material covering the details of design and construction of equipment upon which the certificate of approval is based. Applicants shall keep exact duplicates of the drawings, specifications, and descriptions that relate to equipment which has received a certificate of approval, and these are to be adhered to exactly in production of the certified equipment. 
</P>
<P>(c) A certificate of approval will be accompanied by an appropriate caution statement specifying the conditions to be observed for operating and maintaining the equipment and to preserve its permissible status. 


</P>
</DIV8>


<DIV8 N="§ 36.11" NODE="30:1.0.1.2.17.1.1.11" TYPE="SECTION">
<HEAD>§ 36.11   Approval plates.</HEAD>
<P>(a) A certificate of approval will be accompanied by a photograph of an approval plate, bearing the emblem of the Mine Safety and Health Administration and spaces for the approval number, the type, the serial number, and ventilation requirement; the name of the complete assembly; and the name of the applicant. 
</P>
<P>(b) The applicant shall reproduce the design as a separate plate, which shall be attached, in a suitable place, on each complete assembly to which it relates. The size, type, and method of attaching and location of an approval plate are subject to MSHA's approval. The method of affixing the approval plate shall not impair the permissibility (explosion-proof) features of the complete assembly of mobile diesel-powered transportation equipment. 
</P>
<P>(c) The approval plate identifies the equipment, to which it is attached, as permissible and is the applicant's guarantee that the equipment complies with the requirements of this part. Without an approval plate no equipment is considered permissible under the provisions of this part. 
</P>
<P>(d) Use of the approval plate obligates the applicant to whom the certificate of approval was granted to maintain in his plant the quality of each complete assembly bearing it and guarantees that it is manufactured and assembled according to the drawings, specifications, and descriptions upon which a certificate of approval was based.
</P>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 36.12" NODE="30:1.0.1.2.17.1.1.12" TYPE="SECTION">
<HEAD>§ 36.12   Changes after certification.</HEAD>
<P>If an applicant desires to change any feature of certified equipment, he shall first obtain MSHA's approval of the change, pursuant to the following procedure: 
</P>
<P>(a)(1) Application shall be made, as for an original certificate of approval, requesting that the existing certification be extended to cover the proposed change. The application shall be accompanied by specifications and related material as in the case of an original application. 
</P>
<P>(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval of changes to an approved product under this part, the applicant must provide to MSHA as part of the approval application: 
</P>
<P>(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; 
</P>
<P>(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; 
</P>
<P>(iii) Identification of components or features of the product that are critical to the safety of the product; and 
</P>
<P>(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. 
</P>
<P>(b) The application will be examined by MSHA to determine whether inspection and testing of the modified equipment or component or subassembly will be required. Testing will be necessary if there is a possibility that the modification may affect adversely the performance of the equipment. MSHA will inform the applicant whether such testing is required and the component, subassembly, and related material to be submitted for that purpose. 
</P>
<P>(c) If the proposed modification meets the requirements of this part, a formal extension of certification will be issued, accompanied by a list of new and corrected drawings and specifications to be added to those already on file as the basis for the extension of certification. 
</P>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 52 FR 17516, May 8, 1987; 68 FR 36423, June 17, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 36.13" NODE="30:1.0.1.2.17.1.1.13" TYPE="SECTION">
<HEAD>§ 36.13   Withdrawal of certification.</HEAD>
<P>MSHA reserves the right to rescind for cause any certificate of approval granted under this part. 


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.2.17.2" TYPE="SUBPART">
<HEAD>Subpart B—Construction and Design Requirements</HEAD>


<DIV8 N="§ 36.20" NODE="30:1.0.1.2.17.2.1.1" TYPE="SECTION">
<HEAD>§ 36.20   Quality of material, workmanship, and design.</HEAD>
<P>(a) MSHA will test only equipment that in the opinion of its qualified representatives is constructed of suitable materials, is of good quality workmanship, based on sound engineering principles, and is safe for its intended use. Since all possible designs, arrangements, or combinations of components and materials cannot be foreseen, MSHA reserves the right to modify the construction and design requirements of subassemblies or components and tests thereof to obtain the same degree of protection as provided by the tests described in Subpart C of this part. 
</P>
<P>(b) The quality of material, workmanship, and design shall conform to the requirements of § 7.98(q) of this chapter. 
</P>
<P>(c) Power packages approved under part 7, subpart F of this chapter are considered to be acceptable for use in equipment submitted for approval under this part. Sections 36.21 through 36.26 (except § 36.25(f)) and §§ 36.43 through 36.48 are not applicable to equipment utilizing part 7, subpart F power packages, since these requirements have already been satisfied. 
</P>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 36.21" NODE="30:1.0.1.2.17.2.1.2" TYPE="SECTION">
<HEAD>§ 36.21   Engine for equipment considered for certification.</HEAD>
<P>Only equipment powered by a compression-ignition (diesel) engine and burning diesel fuel will be considered for approval and certification. The starting mechanism shall be actuated pneumatically, hydraulically, or by other methods acceptable to MSHA. Electric starting shall not be accepted. Engines burning other fuels or utilizing volatile fuel starting aids will not be investigated. 
</P>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 36.22" NODE="30:1.0.1.2.17.2.1.3" TYPE="SECTION">
<HEAD>§ 36.22   Fuel-injection system.</HEAD>
<P>This system shall be so constructed that the quantity of fuel injected can be controlled at a desired maximum value and shall be so arranged that this adjustment can be changed only after breaking a seal or unlocking a compartment. Provision shall be made for convenient adjustment of the maximum fuel-injection rate to that required for safe operation at different altitudes (elevations above sea level). The governor, controlling engine speed and fuel injection, shall not directly affect airflow to the engine and provision shall be made to seal or lock its adjustment compartment. Filters shall be provided to insure that only clean fuel will reach the injection pump or injectors. 


</P>
</DIV8>


<DIV8 N="§ 36.23" NODE="30:1.0.1.2.17.2.1.4" TYPE="SECTION">
<HEAD>§ 36.23   Engine intake system.</HEAD>
<P>(a) <I>Construction.</I> The intake system (exclusive of the air cleaner) shall be designed to withstand an internal pressure equal to 4 times the maximum pressure observed in explosion tests, which are described in § 36.46, or a pressure of 125 pounds per square inch, whichever is the lesser. Joints in the intake system shall be formed by metal flanges fitted with metal or metal-clad gaskets, positively positioned by through bolts or other suitable means for secure assembly, or shall meet the requirements for flanged metal-to-metal flame-proof joints as required in § 36.20(b). Either type of joint shall withstand repeated explosions within the intake system without permanent deformation and shall prevent the propagation of flame through the joint into a surrounding flammable mixture. 
</P>
<P>(b) <I>Intake flame arrester.</I> (1) The intake system shall include a flame arrester that will prevent an explosion within the system from propagating to a surrounding flammable mixture. This flame arrester shall be between the air cleaner and the intake manifold and shall be attached so that it may be removed for inspecting, cleaning, or repairing. Its construction shall be such that it may be cleaned readily. The flame arrester shall be of rugged construction to withstand the effects of repeated explosions within the intake system, and the material of construction shall resist deterioration in service. It shall be so mounted in the equipment assembly that it is protected from accidental external damage. 
</P>
<P>(2) The parts of any flame arrester shall be positively positioned to produce a flame path that will arrest the propagation of an explosion and shall be so designed that improper assembly is impossible. In flame arresters of the spaced-plate type, the thickness of the plates shall be at least 0.125 inch; spacing between the plates shall not exceed 0.018 inch; and the plates forming the flame path shall be at least 1 inch wide. The unsupported length of the plates shall be short enough that deformation during the explosion tests shall not exceed 0.002 inch. Corrosion-resistant metal shall be used to construct flame arresters. 
</P>
<P>(c) <I>Air shutoff valve.</I> The intake system shall include a valve, operable from the operator's compartment, to shut off the air supply to the engine. This valve shall be constructed to permit its operation only after the fuel supply to the engine is shut off. In reverse operation the valve must open fully before fuel can be supplied to the engine. 
</P>
<P>(d) <I>Air cleaner.</I> An air cleaner shall be included in the engine intake system and so arranged that only clean air will enter the flame arrester. The resistance to airflow shall not increase rapidly in dusty atmospheres. Filters of the self-cleansing (oil-bath) type will be considered satisfactory for this application. Provision, satisfactory to MSHA, shall be made to prevent overfilling the oil-bath air cleaner. 
</P>
<P>(e) <I>Vacuum-gage connection.</I> A connection shall be provided in the intake system for temporary attachment of a vacuum gage to indicate the pressure drop under flow conditions. This opening shall be closed by a plug or other suitable device that is sealed or locked in place except when a gage is attached. 


</P>
</DIV8>


<DIV8 N="§ 36.24" NODE="30:1.0.1.2.17.2.1.5" TYPE="SECTION">
<HEAD>§ 36.24   Engine joints.</HEAD>
<P>(a) <I>Cylinder head.</I> The joint between the cylinder head and block of the engine shall be fitted with a metal or metal-clad gasket satisfactory to MSHA held securely in position by through bolts or other suitable means to prevent a change in alignment. This joint shall provide an adequate flame barrier with the gasket in place. 
</P>
<P>(b) <I>Valve guides.</I> Valve guides shall be long enough to form an adequate flame barrier along the valve stem. 
</P>
<P>(c) <I>Gaskets.</I> All metal or metal-clad gaskets shall maintain their tightness during repeated explosions within the engine and its intake and exhaust systems to prevent the propagation of flame. 


</P>
</DIV8>


<DIV8 N="§ 36.25" NODE="30:1.0.1.2.17.2.1.6" TYPE="SECTION">
<HEAD>§ 36.25   Engine exhaust system.</HEAD>
<P>(a) <I>Construction.</I> The exhaust system of the engine shall be designed to withstand an internal pressure equal to 4 times the maximum pressure observed in explosion tests, which are described in § 36.46, or a pressure of 125 pounds per square inch, whichever is the lesser. The system shall withstand repeated internal explosions without permanent deformation or deterioration. 
</P>
<P>(b) <I>Exhaust flame arrester.</I> (1) The exhaust system of the engine shall be provided with a flame arrester to prevent propagation of flame or discharge of heated particles to a surrounding flammable mixture. The flame arrester shall be so positioned that only cooled exhaust gas will discharge through it and shall be so designed and attached that it can be removed for inspecting, cleaning, or repairing. Its construction shall be such that it can be cleaned readily. The flame arrester shall be of rugged construction to withstand the effects of repeated explosions within the exhaust system, and the material of construction shall resist deterioration in service. It shall be so mounted in the equipment assembly that it is protected from accidental external damage. 
</P>
<P>(2) A spaced-plate flame arrester for the exhaust system shall meet the same requirements as flame arresters for the intake system (see § 36.23(b)(2)). 
</P>
<P>(3) In lieu of a space-place flame arrester, an exhaust-gas cooling box or conditioner may be used as the exhaust flame arrester provided that explosion tests demonstrate that the cooling box will arrest flame. When used as a flame arrester the cooling box shall be equipped with a device to shut off automatically the fuel supply to the engine at a safe minimum water level. A cooling box used as a flame arrester shall withstand repeated explosion tests without permanent deformation. It shall be constructed of material, satisfactory to MSHA, that will resist deterioration in service. 
</P>
<P>(c) <I>Exhaust cooling system.</I> (1) A cooling system shall be provided for the engine exhaust gas. The heat-dissipation capacity shall be capable of reducing the temperature of the undiluted exhaust gas to less than 170 °F. at the point of discharge from the cooling system under any condition of engine operation acceptable to MSHA. A device shall be provided that will automatically shut off the fuel supply to the engine immediately if the temperature of the exhaust gas exceeds 185 °F. at the point of discharge from the cooling system. Provision shall be made, acceptable to MSHA, to prevent restarting the engine after the fuel supply has been shut off automatically until the water supply in the cooling box has been replenished. When the cooling box is used as a flame arrester, one safety device may be accepted provided it controls a safe minimum water level in the cooling box and also prevents the final exhaust temperature from exceeding 185 °F. 
</P>
<P>(2) Cooling shall be obtained by passing the exhaust gas through water or a dilute aqueous chemical solution held in a cooling box or conditioner, or by a spray of water or a dilute aqueous chemical solution that will enter the exhaust system near the outlet of the exhaust manifold, or a combination of the two methods. When a spray is used it shall be provided with a filtering device to protect the nozzle from clogging. Provisions shall be made for draining and cleaning all parts of the exhaust cooling system. Openings for draining and cleaning shall be closed and sealed or locked by a method satisfactory to MSHA. 
</P>
<P>(3) The cooling system shall be constructed of corrosion-resistant metal suitable for the intended application. 
</P>
<P>(4) The cooling system shall store enough water or aqueous solution to permit operation of the engine at one-third load factor for eight hours. The minimum quantity of usable water or aqueous solution available for cooling shall equal the consumption for one hour with the engine operating at maximum load and speed multiplied by 8 and this product divided by 3. 
</P>
<P>(d) <I>Surface temperature of engine and exhaust system.</I> (1) The temperature of any external surface of the engine or exhaust system shall not exceed 400 °F. under any condition of engine operation prescribed by MSHA. Water-jacketed components shall have integral jackets and provision shall be made for positive circulation of water in the jackets and to automatically shut off the engine when the temperature in the cooling jacket(s) exceeds 212 °F. Insulated coverings to control surface temperature are not acceptable. 
</P>
<P>(2) When a spray is used to reduce the temperature of the exhaust gas, it shall be located as near as practicable to the outlet of the exhaust manifold. 
</P>
<P>(3) Exterior surfaces of the exhaust system shall be designed to minimize accumulation and lodgement of dust or combustible substances and to permit ready access for cleaning. 
</P>
<P>(e) <I>Tightness of exhaust system.</I> All joints in the exhaust system shall be tight to prevent the flow of exhaust gas through them under any condition of engine operation prescribed by MSHA. A tight system shall be obtained by the use of ground joints, or thin metal or metal-clad gaskets. All such joints shall be fitted with adequate through bolts and all gaskets shall be aligned and held firmly in position by the bolts or other suitable means. Such joints shall remain tight to prevent passage of flame or propagation of repeated internal explosions to a surrounding flammable mixture. 
</P>
<P>(f) <I>Dilution of exhaust gas.</I> (1) Provision shall be made to dilute the exhaust gas with and before it is discharged into the surrounding atmosphere. The discharged exhaust gas shall be so diluted with air that the mixture shall not contain more than 0.5 percent, by volume, of carbon dioxide; 0.01 percent, by volume, of carbon monoxide; 0.0025 percent, by volume, of oxides of nitrogen (calculated as equivalent nitrogen dioxide); or 0.0010 percent, by volume, of aldehydes (calculated as equivalent formaldehyde) under any condition of engine operation prescribed by MSHA. 
</P>
<P>(2) The final diluted exhaust mixture shall be discharged in such a manner that it is directed away from the operator's compartment and also away from the breathing zones of persons required to be alongside the equipment. 
</P>
<P>(g) <I>Pressure-gage connection.</I> A connection shall be provided in the exhaust system for convenient, temporary attachment of a pressure gage at a point suitable for measuring the total back pressure in the system. The connection also shall be suitable for temporary attachment of gas-sampling equipment to the exhaust system. This opening shall be closed by a plug or other suitable device that is sealed or locked in place except when a gage or sampling tube is attached. 


</P>
</DIV8>


<DIV8 N="§ 36.26" NODE="30:1.0.1.2.17.2.1.7" TYPE="SECTION">
<HEAD>§ 36.26   Composition of exhaust gas.</HEAD>
<P>(a) <I>Preliminary engine adjustment.</I> The engine shall be submitted to MSHA by the applicant in such condition that it can be tested immediately at full load and speed. The preliminary liquid-fuel-injection rate shall be such that the exhaust will not contain black smoke and the applicant shall adjust the injection rate promptly to correct any adverse conditions disclosed by preliminary tests. 
</P>
<P>(b) <I>Final engine adjustment.</I> The liquid fuel supply to the engine shall be adjusted so that the undiluted exhaust gas shall contain not more than 0.30 percent, by volume, of carbon monoxide or 0.20 percent, by volume, of oxides of nitrogen (calculated as equivalent nitrogen dioxide, NO<E T="52">2</E>) under any conditions of engine operation prescribed by MSHA when the intake air mixture to the engine contains 1.5 ±0.1 percent, by volume, of Pittsburgh natural gas. 
<SU>3</SU>
<FTREF/>
</P>
<FTNT>
<P>
<SU>3</SU> Investigation has shown that for practical purposes, Pittsburgh natural gas (containing a high percentage of methane) is a satisfactory substitute for pure methane in these tests.</P></FTNT>
<P>(c) <I>Coupling or adapter.</I> The applicant shall provide the coupling or adapter for connecting the engine to MSHA's dynamometer. 
</P>
<NOTE>
<HED>Note:</HED>
<P>Preferably this coupling or adapter should be attached to the flywheel of the engine.</P></NOTE>
<FP>Clutches, transmissions, or torque converters ordinarily are not required in the coupling train. 


</FP>
</DIV8>


<DIV8 N="§ 36.27" NODE="30:1.0.1.2.17.2.1.8" TYPE="SECTION">
<HEAD>§ 36.27   Fuel-supply system.</HEAD>
<P>(a) <I>Fuel tank.</I> (1) The fuel tank shall not leak and shall be fabricated of metal at least 
<FR>1/16</FR> inch thick, welded at all seams, except that tanks of 5 gallons or less capacity may have thinner walls which shall be preformed or reinforced to provide good resistance to deflection. A drain plug (not a valve or petcock) shall be provided and locked in position. A vent opening shall be provided in the fuel filler cap of such design that atmospheric pressure is maintained inside the tank. The size of the vent opening shall be restricted to prevent fuel from splashing through it. The filler opening shall be so arranged that fuel can be added only through a self-closing valve at least 1 foot from the exhaust manifold of the engine, preferably below it. The self-closing valve shall constitute a fuel-tight closure when fuel is not being added. Any part of the self-closing valve that might become detached during the addition of fuel shall be secured to the tank by a chain or other fastening to prevent loss. 
</P>
<P>(2) The fuel tank shall have a definite position in the equipment assembly, and no provision shall be made for attachment of separate or auxiliary fuel tanks. 
</P>
<P>(3) Capacity of the fuel tank shall not exceed the amount of fuel necessary to operate the engine continuously at full load for approximately four hours. 
</P>
<P>(b) <I>Fuel lines.</I> All fuel lines shall be installed to protect them against damage in ordinary use and they shall be designed, fabricated, and secured to resist breakage from vibration. 
</P>
<P>(c) <I>Valve in fuel line.</I> A shutoff valve shall be provided in the fuel system, installed in a manner acceptable to MSHA. 
</P>
<NOTE>
<HED>Note:</HED>
<P>This shutoff valve is in addition to the normal shutoff provided in the fuel-injection system and also in addition to the air-shutoff valve.</P></NOTE>
</DIV8>


<DIV8 N="§ 36.28" NODE="30:1.0.1.2.17.2.1.9" TYPE="SECTION">
<HEAD>§ 36.28   Signal or warning device.</HEAD>
<P>All mobile diesel-powered transportation equipment shall be provided with a bell, horn, or other suitable warning device convenient to the operator. Warning devices shall be operated manually or pneumatically. 


</P>
</DIV8>


<DIV8 N="§ 36.29" NODE="30:1.0.1.2.17.2.1.10" TYPE="SECTION">
<HEAD>§ 36.29   Brakes.</HEAD>
<P>All mobile diesel-powered transportation equipment shall be equipped with adequate brakes acceptable to MSHA. 


</P>
</DIV8>


<DIV8 N="§ 36.30" NODE="30:1.0.1.2.17.2.1.11" TYPE="SECTION">
<HEAD>§ 36.30   Rerailing device.</HEAD>
<P>All mobile diesel-powered transportation equipment designed to travel on rails in haulage service shall carry a suitable rerailing device. 


</P>
</DIV8>


<DIV8 N="§ 36.31" NODE="30:1.0.1.2.17.2.1.12" TYPE="SECTION">
<HEAD>§ 36.31   Fire extinguisher.</HEAD>
<P>Each unit of mobile diesel-powered transportation equipment shall be fitted with a fire extinguisher carried in a location easily accessible to the operator and protected by position from external damage. Liquid carbon dioxide extinguishers shall contain an active charge of not less than 4 pounds. Pressurized dry chemical extinguishers shall contain an active charge of not less than 2
<FR>1/2</FR> pounds. 


</P>
</DIV8>


<DIV8 N="§ 36.32" NODE="30:1.0.1.2.17.2.1.13" TYPE="SECTION">
<HEAD>§ 36.32   Electrical components and systems.</HEAD>
<P>(a) Electrical components on mobile diesel-powered transportation equipment shall be certified or approved under Part 18, 20 or 27 of this chapter, as applicable, and shall bear the certification number assigned by MSHA.
</P>
<P>(b) Electrical systems on mobile diesel-powered transportation equipment shall meet the requirements of Part 18 or 27 of this chapter, as applicable.
</P>
<CITA TYPE="N">[47 FR 11372, Mar. 16, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 36.33" NODE="30:1.0.1.2.17.2.1.14" TYPE="SECTION">
<HEAD>§ 36.33   Headlights and fixtures.</HEAD>
<P>(a) Headlights and lighting fixtures on mobile diesel-powered transportation equipment shall be protected from external damage by recessing them in the equipment frame, enclosing them within a shield of substantial construction, or by any other method that provides equivalent protection.
</P>
<P>(b) Mobile diesel-powered transportation equipment shall be equipped with at least one headlight on each end.
</P>
<CITA TYPE="N">[47 FR 11372, Mar. 16, 1982] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.2.17.3" TYPE="SUBPART">
<HEAD>Subpart C—Test Requirements</HEAD>


<DIV8 N="§ 36.40" NODE="30:1.0.1.2.17.3.1.1" TYPE="SECTION">
<HEAD>§ 36.40   Test site.</HEAD>
<P>Tests shall be conducted at MSHA's Diesel Testing Laboratory or other appropriate place(s) determined by MSHA. 
</P>
<CITA TYPE="N">[39 FR 24006, June 28, 1974, as amended at 43 FR 12318, Mar. 24, 1978] 


</CITA>
</DIV8>


<DIV8 N="§ 36.41" NODE="30:1.0.1.2.17.3.1.2" TYPE="SECTION">
<HEAD>§ 36.41   Testing methods.</HEAD>
<P>Mobile diesel-powered transportation equipment submitted for certification and approval shall be tested to determine its combustion, explosion-proof, and other safety characteristics. MSHA shall prescribe the tests and reserves the right to modify the procedure(s) to attain these objectives (see § 36.20). 


</P>
</DIV8>


<DIV8 N="§ 36.42" NODE="30:1.0.1.2.17.3.1.3" TYPE="SECTION">
<HEAD>§ 36.42   Inspection.</HEAD>
<P>A detailed inspection shall be made of the equipment and all components and features related to safety in operation. The inspection shall include: 
</P>
<P>(a) Investigating the materials, workmanship, and design to determine their adequacy. 
</P>
<P>(b) Checking the parts and assemblies against the drawings and specifications with respect to materials, dimensions, and locations to verify their conformance. 
</P>
<P>(c) Inspecting and measuring joints, flanges, and other possible flame paths in the intake and exhaust systems to determine whether they will prevent the issuance of flame or propagation of an internal explosion. 
</P>
<P>(d) Inspecting and measuring flame arresters to determine whether they will prevent the issuance of flame or propagation of an internal explosion. 


</P>
</DIV8>


<DIV8 N="§ 36.43" NODE="30:1.0.1.2.17.3.1.4" TYPE="SECTION">
<HEAD>§ 36.43   Determination of exhaust-gas composition.</HEAD>
<P>(a) Samples shall be taken to determine the composition of the exhaust gas while the engine is operated at loads and speeds prescribed by MSHA to determine the volume of air (ventilation) required to dilute the exhaust gas (see § 36.45). The engine shall be at temperature equilibrium before exhaust-gas samples are collected or other test data are observed. At all test conditions the intake mixture shall contain 1.5 ±0.1 percent, by volume, of Pittsburgh natural gas (see footnote 3) in the air. Test observations shall include the rate of fuel consumption, pressures, temperatures, and other data significant in the safe operation of diesel equipment. 
</P>
<P>(b) Exhaust-gas samples shall be analyzed for carbon dioxide, oxygen, carbon monoxide, hydrogen, methane, nitrogen, oxides of nitrogen, and aldehydes, or any other constituent prescribed by MSHA. 
</P>
<P>(c) The intake and exhaust systems shall be complete with all component equipment such as air cleaners, flame arresters, and exhaust cooling systems. The performance of component equipment shall be observed to determine whether it functions properly. 
</P>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 36.44" NODE="30:1.0.1.2.17.3.1.5" TYPE="SECTION">
<HEAD>§ 36.44   Maximum allowable fuel:air ratio.</HEAD>
<P>(a) When an engine is delivered to MSHA with the fuel-injection system adjusted by the applicant and tests of the exhaust-gas composition (see § 36.43) show not more than 0.30 percent, by volume, of carbon monoxide, the applicant's adjustment of the fuel-injection system shall be accepted. The maximum fuel:air ratio determined from the exhaust-gas composition shall be designated as the maximum allowable fuel:air ratio. The maximum liquid fuel rate (pounds per hour) that produces the maximum allowable fuel:air ratio shall be designated as the maximum allowable fuel rate for operating the equipment at elevations not exceeding 1,000 feet above sea level. 
</P>
<P>(b) When the carbon monoxide content of the exhaust exceeds 0.30 percent, by volume, only near maximum power output, the maximum fuel:air ratio at which carbon monoxide does not exceed 0.30 percent shall be calculated and designated as the maximum allowable fuel:air ratio. The corresponding calculated liquid fuel rate shall be designated as the maximum allowable fuel rate at elevations not exceeding 1,000 feet above sea level. 
</P>
<NOTE>
<HED>Note:</HED>
<P>The applicant may be requested to adjust the liquid fuel rate during tests to determine the maximum allowable fuel:air ratio.</P></NOTE>
<P>(c) The maximum allowable fuel:air ratio and maximum liquid fuel rates shall be used to calculate a liquid fuel rate-altitude table that shall govern the liquid fuel rate of engines operated at elevations exceeding 1,000 feet above sea level. 


</P>
</DIV8>


<DIV8 N="§ 36.45" NODE="30:1.0.1.2.17.3.1.6" TYPE="SECTION">
<HEAD>§ 36.45   Quantity of ventilating air.</HEAD>
<P>(a) Results of the engine tests shall be used to calculate ventilation (cubic feet of air per minute) that shall be supplied by positive air movement when the permissible mobile diesel-powered transportation equipment is used underground. This quantity shall be stamped on the approval plate. The quantity so determined shall apply when only one machine is operated. 
</P>
<P>(b) Determination of the ventilation rate shall be based upon dilution of the exhaust gas with normal air. The most undesirable and hazardous condition of engine operation prescribed by MSHA shall be used in the calculations. The concentration of any of the following individual constituents in the diluted mixture shall not exceed: 
</P>
<EXTRACT>
<FP-1>0.25 percent, by volume, of carbon dioxide (CO<E T="52">2</E>). 
</FP-1>
<FP-1>0.005 percent, by volume, of carbon monoxide (CO). 
</FP-1>
<FP-1>0.00125 percent, by volume, of oxides of nitrogen (calculated as equivalent nitrogen dioxide, NO<E T="52">2</E>).</FP-1></EXTRACT>
<FP>The oxygen (O<E T="52">2</E>) content of the diluted mixture shall be not less than 20 percent, by volume. The maximum quantity of normal air to produce the above dilution shall be designated the ventilation rate. 
</FP>
<NOTE>
<HED>Note:</HED>
<P>This ventilation rate will provide a factor of safety for exposure of persons to air mixtures containing harmful or objectionable gases and for minor variations in engine performance.</P></NOTE>
</DIV8>


<DIV8 N="§ 36.46" NODE="30:1.0.1.2.17.3.1.7" TYPE="SECTION">
<HEAD>§ 36.46   Explosion tests of intake and exhaust systems.</HEAD>
<P>(a) Explosion tests to determine the strength of the intake and exhaust systems to withstand internal explosions and the adequacy of the flame arresters to prevent the propagation of an explosion shall be made with the systems connected to the engine or the systems simulated as connected to the engine. The system shall be filled with and surrounded by an explosive natural gas-air mixture. The mixture within the intake and exhaust systems shall be ignited by suitable means and the internal pressure developed by the resultant explosion shall be determined. Tests shall be conducted with the ignition source in several different locations to determine the maximum pressure developed by an internal explosion. 
</P>
<P>(b) Explosion tests shall be made with the engine at rest and with the flammable natural gas-air mixtures in the intake and exhaust systems. In other tests with the flammable mixture in motion, the engine shall be driven (externally) at speeds prescribed by MSHA but no liquid fuel shall be supplied to the injection valves. 
</P>
<P>(c) The temperature of the flame arresters in the intake or exhaust systems shall not exceed 212 °F. when an explosion test is conducted. Any water-spray cooling for the exhaust system shall not be operated and water shall not be present in the exhaust cooling boxes except when water is the cooling agent for a cooling box designed to act as a flame arrester, in which case MSHA will prescribe the test conditions. 
</P>
<P>(d) The explosion tests of the intake and exhaust systems shall not result in: 
</P>
<P>(1) Discharge of visible flame from any joint or opening. 
</P>
<P>(2) Ignition of surrounding flammable gas-air mixture. 
</P>
<P>(3) Development of dangerous afterburning. 
<SU>4</SU>
<FTREF/>
</P>
<FTNT>
<P>
<SU>4</SU> The term “afterburning” as used in this part is applied to combustion of a flammable gas-air mixture drawn into the system under test by the cooling of the products from an explosion in the system.</P></FTNT>
<P>(4) Excessive pressures. 


</P>
</DIV8>


<DIV8 N="§ 36.47" NODE="30:1.0.1.2.17.3.1.8" TYPE="SECTION">
<HEAD>§ 36.47   Tests of exhaust-gas cooling system.</HEAD>
<P>(a) The adequacy of the exhaust-gas cooling system and its components shall be determined with the engine operating at the maximum allowable liquid fuel rate and governed speed with 0.5 ±0.1 percent, by volume, of natural gas in the intake air mixture. All parts of the engine and exhaust-gas cooling system shall be at their respective equilibrium temperatures. The cooling spray, if any, shall be operated, and all compartments designed to hold cooling water shall be filled with the quantity of water recommended by the applicant. No cooling air shall be circulated over the engine or components in the cooling system during the test. 
</P>
<P>(b) Determinations shall be made during the test to establish the cooling performance of the system, the cooling water consumption, high-water level when the system sprays excess water, and low-water level when the cooling system fails. 
</P>
<P>(c) The final exhaust-gas temperature at discharge from the cooling system, and before the exhaust gas is diluted with air, shall not exceed 170 °F. or the temperature of adiabatic saturation, if this temperature is lower. 
</P>
<P>(d) Water consumed in cooling the exhaust gas under the test conditions shall not exceed by more than 15 percent that required for adiabatic saturation of the exhaust-gas at the final temperature. Water in excess of that required for adiabatic saturation shall be considered as entrained water. Enough water shall be available in the cooling system or in reserve supply compartments for sustained satisfactory operation for at least 2
<FR>2/3</FR> hours under the test conditions. 
</P>
<NOTE>
<HED>Note:</HED>
<P>This amount is enough to cool the exhaust for an 8-hour shift at one-third load factor.</P></NOTE>
<P>(e) The adequacy of the automatic fuel shutoff actuated by the temperature of the final exhaust shall be determined with the engine operating under test conditions by withdrawing water until the cooling system fails to function. The final exhaust-gas temperature at which the liquid fuel to the engine is automatically shut off shall be noted. This temperature shall not exceed 185 °F. 
</P>
<P>(f) Following the automatic fuel shutoff test in paragraph (e) of this section, the temperature of the control point shall be allowed to fall to 170 °F. At this temperature and with the water replenished in the cooling system, it shall be possible to start the engine. 
</P>
<NOTE>
<HED>Note:</HED>
<P>If the cooling system includes a reserve supply water tank, the line or lines connecting it to the cooling compartment may require a suitable flame arrester.</P></NOTE>
<P>(g) The effectiveness of the automatic engine shut-off, which will operate when the water in the cooling jacket(s) exceeds 212 °F., shall be determined by causing the jacket temperature to exceed 212 °F. 


</P>
</DIV8>


<DIV8 N="§ 36.48" NODE="30:1.0.1.2.17.3.1.9" TYPE="SECTION">
<HEAD>§ 36.48   Tests of surface temperature of engine and components of the cooling system.</HEAD>
<P>(a) The surface temperatures of the engine, exhaust cooling system, and other components subject to heating by engine operation shall be determined with the engine operated as prescribed by MSHA. All parts of the engine, cooling system, and other components shall have reached their respective equilibrium temperatures. The exhaust cooling system shall be operated, but air shall not be circulated over the engine or components. Surface temperatures shall be measured at various places prescribed by MSHA to determine where maximum temperatures develop. 
</P>
<P>(b) The temperature of any surface shall not exceed 400 °F. 
</P>
<NOTE>
<HED>Note to § 36.48:</HED>
<P>The engine may be operated under test conditions prescribed by MSHA while completely surrounded by a flammable mixture. MSHA reserves the right to apply combustible materials to any surface for test. Operation under such conditions shall not ignite the flammable mixture.</P></NOTE>
<CITA TYPE="N">[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 61 FR 55526, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 36.49" NODE="30:1.0.1.2.17.3.1.10" TYPE="SECTION">
<HEAD>§ 36.49   Tests of exhaust-gas dilution system.</HEAD>
<P>The performance and adequacy of the exhaust-gas dilution system shall be determined in tests of the complete equipment. The engine, at temperature equilibrium, shall be operated in normal air as prescribed by MSHA. Samples of the undiluted exhaust gas and of the diluted exhaust gas, at location(s) prescribed by MSHA, shall be considered with the data obtained from the engine test (see § 36.43) to determine that the concentrations of carbon dioxide, carbon monoxide, oxides of nitrogen, and aldehydes in the diluted exhaust shall be below the required concentrations specified in § 36.25(f)(1). 


</P>
</DIV8>


<DIV8 N="§ 36.50" NODE="30:1.0.1.2.17.3.1.11" TYPE="SECTION">
<HEAD>§ 36.50   Tests of fuel tank.</HEAD>
<P>The fuel tank shall be inspected and tested to determine whether: (a) It is fuel-tight, (b) the vent maintains atmospheric pressure within the tank, and (c) the vent and closure restrict the outflow of liquid fuel.


</P>
</DIV8>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="S C" NODE="30:1.0.1.3" TYPE="SUBCHAP">
<HEAD>SUBCHAPTERS C-F [RESERVED]


</HEAD>
</DIV4>


<DIV4 N="G" NODE="30:1.0.1.4" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER G—FILING AND OTHER ADMINISTRATIVE REQUIREMENTS


</HEAD>

<DIV5 N="40" NODE="30:1.0.1.4.18" TYPE="PART">
<HEAD>PART 40—REPRESENTATIVE OF MINERS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 5(f)(1), 101(c) and (e), 103(c), (f), (g)(1) and (g)(2), 104(c), 105(a), (b)(1), (c)(1), (c)(2), (c)(3), and (d), 107(b)(1) and (e)(1), 109(b), 115(a)(1) and (a)(2), 302(a), 305(b), 312(b), 505 and 508, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 83 Stat. 745, 91 Stat. 1294, 1295, 1298, 1299, 1301, 1303, 1304, 1305, 1308, 1310 and 1316, 83 Stat. 766, 777, 785, 802, and 803 (30 U.S.C. 804(f)(1), 811(c) and (e), 813(c), (f), (g)(1) and (g)(2), 814(c), 815(a), (b)(1), (c)(1), (c)(2), (c)(3) and (d), 817(b)(1) and (e)(1), 819(b), 825(a)(1) and (a)(2), 862(a), 865(b), 872(b), 954 and 957); sec. 307, Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 (30 U.S.C. 801 note).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>43 FR 29509, July 7, 1978, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 40.1" NODE="30:1.0.1.4.18.0.1.1" TYPE="SECTION">
<HEAD>§ 40.1   Definitions.</HEAD>
<P>As used in this Part 40:
</P>
<P>(a) <I>Act</I> means the Federal Mine Safety and Health Act of 1977.
</P>
<P>(b) <I>Representative of miners</I> means:
</P>
<P>(1) Any person or organization which represents two or more miners at a coal or other mine for the purposes of the Act, and 
</P>
<P>(2) <I>Representatives authorized by the miners, miners or their representative, authorized miner representative,</I> and other similar terms as they appear in the Act.


</P>
</DIV8>


<DIV8 N="§ 40.2" NODE="30:1.0.1.4.18.0.1.2" TYPE="SECTION">
<HEAD>§ 40.2   Requirements.</HEAD>
<P>(a) A representative of miners shall file with the Mine Safety and Health Administration District Manager for the district in which the mine is located the information required by § 40.3 of this part. Concurrently, a copy of this information shall be provided to the operator of the mine by the representative of miners.
</P>
<P>(b) Miners or their representative organization may appoint or designate different persons to represent them under various sections of the act relating to representatives of miners.
</P>
<P>(c) All information filed pursuant to this part shall be maintained by the appropriate Mine Safety and Health Administration District Office and shall be made available for public inspection.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>))
</SECAUTH>
<CITA TYPE="N">[43 FR 29509, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 40.3" NODE="30:1.0.1.4.18.0.1.3" TYPE="SECTION">
<HEAD>§ 40.3   Filing procedures.</HEAD>
<P>(a) The following information shall be filed by a representative of miners with the appropriate District Manager, with copies to the operators of the affected mines. This information shall be kept current:
</P>
<P>(1) The name, address, and telephone number of the representative of miners. If the representative is an organization, the name, address, and telephone number of the organization and the title of the official or position, who is to serve as the representative and his or her telephone number.
</P>
<P>(2) The name and address of the operator of the mine where the represented miners work and the name, address, and Mine Safety and Health Administration identification number, if known, of the mine.
</P>
<P>(3) A copy of the document evidencing the designation of the representative of miners.
</P>
<P>(4) A statement that the person or position named as the representative of miners is the representative for all purposes of the Act; or if the representative's authority is limited, a statement of the limitation.
</P>
<P>(5) The names, addresses, and telephone numbers, of any representative to serve in his absence.
</P>
<P>(6) A statement that copies of all information filed pursuant to this section have been delivered to the operator of the affected mine, prior to or concurrently with the filing of this statement.
</P>
<P>(7) A statement certifying that all information filed is true and correct followed by the signature of the representative of miners.
</P>
<P>(b) The representative of miners shall be responsible for ensuring that the appropriate District Manager and operator have received all of the information required by this part and informing such District Manager and operator of any subsequent changes in the information.


</P>
</DIV8>


<DIV8 N="§ 40.4" NODE="30:1.0.1.4.18.0.1.4" TYPE="SECTION">
<HEAD>§ 40.4   Posting at mine.</HEAD>
<P>A copy of the information provided the operator pursuant to § 40.3 of this part shall be posted upon receipt by the operator on the mine bulletin board and maintained in a current status.


</P>
</DIV8>


<DIV8 N="§ 40.5" NODE="30:1.0.1.4.18.0.1.5" TYPE="SECTION">
<HEAD>§ 40.5   Termination of designation as representative of miners.</HEAD>
<P>(a) A representative of miners who becomes unable to comply with the requirements of this part shall file a statement with the appropriate District Manager terminating his or her designation.
</P>
<P>(b) The Mine Safety and Health Administration shall terminate and remove from its files all designations of representatives of miners which have been terminated pursuant to paragraph (a) of this section or which are not in compliance with the requirements of this part. The Mine Safety and Health Administration shall notify the operator of such termination.


</P>
</DIV8>

</DIV5>


<DIV5 N="41" NODE="30:1.0.1.4.19" TYPE="PART">
<HEAD>PART 41—NOTIFICATION OF LEGAL IDENTITY
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 103(h), 109(d) and 508, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1299 and 1310, 83 Stat. 803 (30 U.S.C. 813(h), 819(d) and 957); sec. 307, Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 (30 U.S.C. 801 note). 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>43 FR 29512, July 7, 1978, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.4.19.1" TYPE="SUBPART">
<HEAD>Subpart A—Definitions</HEAD>


<DIV8 N="§ 41.1" NODE="30:1.0.1.4.19.1.1.1" TYPE="SECTION">
<HEAD>§ 41.1   Definitions.</HEAD>
<P>As used in this part:
</P>
<P>(a) <I>Operator</I> means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any designated independent contractor performing services or construction at such mine.
</P>
<P>(b) <I>Person</I> means any individual, sole proprietor, partnership, association, corporation, firm, subsidiary of a corporation, or other organization.
</P>
<P>(c) <I>Coal or other mine</I> means (a) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground, (b) private ways and roads appurtenant to such area, and (c) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting such minerals from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of such minerals, or the work of preparing coal or other minerals, and includes custom coal preparation facilities. In making a determination of what constitutes mineral milling for purposes of this act, the Secretary shall give due consideration to the convenience of administration resulting from the delegation to one Assistant Secretary of all authority with respect to the health and safety of miners employed at one physical establishment.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.4.19.2" TYPE="SUBPART">
<HEAD>Subpart B—Notification of Legal Identity</HEAD>


<DIV8 N="§ 41.10" NODE="30:1.0.1.4.19.2.1.1" TYPE="SECTION">
<HEAD>§ 41.10   Scope.</HEAD>
<P>Section 109(d) of the Federal Mine Safety and Health Act of 1977 (Pub. L. 91-173, as amended by Pub. L. 95-164), requires each operator of a coal or other mine to file with the Secretary of Labor the name and address of such mine, the name and address of the person who controls or operates the mine, and any revisions in such names and addresses. Section 103(h) of the act requires the operator of a coal or other mine to provide such information as the Secretary of Labor may reasonably require from time to time to enable the Secretary to perform his functions under the act. The regulations in this Subpart B provide for the notification to the Mine Safety and Health Administration of the legal identity of the operator of a coal or other mine and the reporting of all changes in the legal identity of the operator as they occur. The submission of a properly completed Legal Identity Report Form No. 2000-7 required under Subpart C of this part will constitute adequate notification of legal identity to the Mine Safety and Health Administration.


</P>
</DIV8>


<DIV8 N="§ 41.11" NODE="30:1.0.1.4.19.2.1.2" TYPE="SECTION">
<HEAD>§ 41.11   Notification by operator.</HEAD>
<P>(a) Not later than 30 days after (1) the effective date of this part, and (2) the opening of a new mine thereafter, the operator of a coal or other mine shall, in writing, notify the appropriate district manager of the Mine Safety and Health Administration in the district in which the mine is located of the legal identity of the operator in accordance with the applicable provisions of paragraph (b), (c), (d), or (e) of this section.
</P>
<P>(b) If the operator is a sole proprietorship, the operator shall state: (1) His full name and address; (2) the name and address of the mine and the Federal mine identification number; (3) the name and address of the person at the mine in charge of health and safety; (4) the name and address of the person with overall responsibility for a health and safety program at all of the operator's mines, if the operator is not directly involved in the daily operation of the mine; (5) the Federal mine identification numbers of all other mines in which the sole proprietor has a 20 percent or greater ownership interest; and (6) the trade name, if any, and the full name, address of record and telephone number of the proprietorship.
</P>
<P>(c) If the operator is a partnership, the operator shall state: (1) The name and address of the mine and the Federal mine identification number; (2) the name and address of the person at the mine in charge of health and safety; (3) the name and address of the person with overall responsibility for a health and safety program at all of the operator's mines, if the operator is not directly involved in the daily operation of the mine; (4) the Federal mine identification numbers of all other mines in which the partnership has a 20 percent or greater ownership interest; (5) the full name and address of all partners; (6) the trade name, if any, and the full name and address of record and telephone number of the partnership; and (7) the Federal mine identification numbers of all other mines in which any partner has a 20 percent or greater ownership interest.
</P>
<P>(d) If the operator is a corporation, the operator shall state: (1) The name and address of the mine and the Federal mine identification number; (2) the name and address of the person at the mine in charge of health and safety; (3) the name and address of the person with overall responsibility for a health and safety program at all of the operator's mines, if the operator is not directly involved in the daily operation of the mine; (4) the Federal mine identification numbers of all other mines in which the corporation has a 20 percent or greater ownership interest; (5) the full name, address of record and telephone number of the corporation and the State of incorporation; (6) the full name and address of each officer and director of the corporation; (7) whether such corporation is a domestic or foreign corporation in the State in which the mine is located; (8) if the corporation is a subsidiary corporation, the operator shall state the full name, address, and State of incorporation of the parent corporation; and (9) the Federal mine identification numbers of all other mines in which any corporate officer has a 20 percent or greater ownership interest.
</P>
<P>(e) If the operator is any organization other than a sole proprietorship, partnership, or corporation, the operator shall state: (1) The nature and type, or legal identity of the organization; (2) the name and address of the mine and the Federal mine identification number; (3) the name and address of the person at the mine in charge of health and safety; (4) the name and address of the person with overall responsibility for a health and safety program at all of the operator's mines, if the operator is not directly involved in the daily operation of the mine; (5) the Federal mine identification numbers of all other mines in which the organization has a 20 percent or greater ownership interest; (6) the full name, address of record and telephone number of the organization; (7) the name and address of each individual who has an ownership interest in the organization; (8) the name and address of the principal organization officials or members; and (9) the Federal mine identification numbers of all other mines in which any official or member has a 20 percent or greater ownership interest. 


</P>
</DIV8>


<DIV8 N="§ 41.12" NODE="30:1.0.1.4.19.2.1.3" TYPE="SECTION">
<HEAD>§ 41.12   Changes; notification by operator.</HEAD>
<P>Within 30 days after the occurrence of any change in the information required by § 41.11, the operator of a coal or other mine shall, in writing, notify the appropriate district manager of the Mine Safety and Health Administration in the district in which the mine is located of such change.


</P>
</DIV8>


<DIV8 N="§ 41.13" NODE="30:1.0.1.4.19.2.1.4" TYPE="SECTION">
<HEAD>§ 41.13   Failure to notify.</HEAD>
<P>Failure of the operator to notify the Mine Safety and Health Administration, in writing, of the legal identity of the operator or any changes thereof within the time required under this part will be considered to be a violation of section 109(d) of the Act and shall be subject to penalties as provided in section 110 of the Act. 


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.4.19.3" TYPE="SUBPART">
<HEAD>Subpart C—Operator's Report to the Mine Safety and Health Administration</HEAD>


<DIV8 N="§ 41.20" NODE="30:1.0.1.4.19.3.1.1" TYPE="SECTION">
<HEAD>§ 41.20   Legal identity report.</HEAD>
<P>Each operator of a coal or other mine shall file notification of legal identity and every change thereof with the appropriate district manager of the Mine Safety and Health Administration by properly completing, mailing, or otherwise delivering form 2000-7 “legal identity report” which shall be provided by the Mine Safety and Health Administration for this purpose. If additional space is required, the operator may use a separate sheet or sheets.


</P>
</DIV8>


<DIV8 N="§ 41.30" NODE="30:1.0.1.4.19.3.1.2" TYPE="SECTION">
<HEAD>§ 41.30   Address of record and telephone number.</HEAD>
<P>The address of record and telephone number required under this part shall be considered the operator's official address and telephone number for purposes of the Act. Service of documents upon the operator may be proved by a post office return receipt showing that the documents could not be delivered to such operator at the address of record because the operator had moved without leaving a forwarding address or because delivery was not accepted at that address, or because no such address existed. However, operators may request service by delivery to another appropriate address provided by the operator. The telephone number required under this part will be used in connection with proposed civil penalty assessments as provided in 30 CFR part 100.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="42" NODE="30:1.0.1.4.20" TYPE="PART">
<HEAD>PART 42—NATIONAL MINE HEALTH AND SAFETY ACADEMY
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>50 FR 11643, Mar. 22, 1985, unless otherwise noted. Redesignated at 67 FR 42382, June 21, 2002.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.4.20.1" TYPE="SUBPART">
<HEAD>Subpart A [Reserved]</HEAD>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.4.20.2" TYPE="SUBPART">
<HEAD>Subpart B—Tuition Fees</HEAD>


<DIV8 N="§ 42.10" NODE="30:1.0.1.4.20.2.1.1" TYPE="SECTION">
<HEAD>§ 42.10   Tuition fees.</HEAD>
<P>The National Mine Health and Safety Academy, located in Beckley, West Virginia, will charge tuition fees to all persons attending Academy courses, except employees of Federal, State, or local governments, persons attending the Academy under a program supported through an MSHA State grant, and persons performing a direct service. Also, subject to available resources, MSHA may waive all or part of fees for students, or persons employed by a non-profit organization, who are invited by MSHA to attend an Academy course which would, in the Agency's judgment, contribute to improved conduct, supervision, or management of a function or activity under the Federal Mine Safety and Health Act of 1977 or a function related to an MSHA appropriation. requests for waivers must be in writing. 
</P>
<CITA TYPE="N">[62 FR 60985, Nov. 13, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 42.20" NODE="30:1.0.1.4.20.2.1.2" TYPE="SECTION">
<HEAD>§ 42.20   Schedule of fees.</HEAD>
<P>(a) Tuition fees will be computed on the basis of the cost to the Government for the Academy to conduct the course, as determined by the Superintendent of the Academy. 
</P>
<P>(b) The tuition fee for each course will be stated in the course announcement and will be reassessed on an annual basis.


</P>
</DIV8>


<DIV8 N="§ 42.30" NODE="30:1.0.1.4.20.2.1.3" TYPE="SECTION">
<HEAD>§ 42.30   Procedure for payment.</HEAD>
<P>When notified of acceptance for a course by the Academy, applicants shall submit a check or money order to the Academy, payable to the “Mine Safety and Health Administration” in the amount indicated by the course announcement prior to the commencement of the course.


</P>
</DIV8>


<DIV8 N="§ 42.40" NODE="30:1.0.1.4.20.2.1.4" TYPE="SECTION">
<HEAD>§ 42.40   Refunds.</HEAD>
<P>An applicant may withdraw an application and receive a full refund of tuition fees provided that written notification to the Academy's Student Services Branch is mailed no later than 14 days before the course begins.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.4.20.3" TYPE="SUBPART">
<HEAD>Subpart C—Room and Board</HEAD>


<DIV8 N="§ 42.50" NODE="30:1.0.1.4.20.3.1.1" TYPE="SECTION">
<HEAD>§ 42.50   Charges for room and board.</HEAD>
<P>The Academy will charge room and board to all persons staying at the Academy, except MSHA personnel, persons attending the Academy under a program supported through an MSHA State grant, and persons performing a direct service. Also, subject to available resources, MSHA may waive all or part of fees for students, or persons employed by a non-profit organization, who are invited by MSHA to attend an MSHA-sponsored training or meeting which would, in the Agency's judgment, contribute to improved conduct, supervision, or management of a function or activity under the Federal Mine Safety and Health Act of 1977 or a function related to an MSHA appropriation. Requests for waivers must be in writing. Charges for room and board will be based upon the average cost per person of the lodging, meals, and services provided and will be reassessed on an annual basis.
</P>
<CITA TYPE="N">[62 FR 60985, Nov. 13, 1997]


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="43" NODE="30:1.0.1.4.21" TYPE="PART">
<HEAD>PART 43—PROCEDURES FOR PROCESSING HAZARDOUS CONDITIONS COMPLAINTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 103(g), and 508, Federal Mine Safety and Health Act of 1977 Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1298 83 Stat. 803 (30 U.S.C. 813(g) and 957); sec. 307, Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 (30 U.S.C. 801 note).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>43 FR 29515, July 7, 1978, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.4.21.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 43.1" NODE="30:1.0.1.4.21.1.1.1" TYPE="SECTION">
<HEAD>§ 43.1   Definitions.</HEAD>
<P>For purposes of this part, <I>Act</I> means the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164, and “Secretary” means the Secretary of Labor or his designee.


</P>
</DIV8>


<DIV8 N="§ 43.2" NODE="30:1.0.1.4.21.1.1.2" TYPE="SECTION">
<HEAD>§ 43.2   General.</HEAD>
<P>(a) Under section 103(g)(1) of the Act, a representative of miners, or where there is no such representative, a miner, who has reasonable grounds to believe that a violation of the act or a mandatory health or safety standard exists, or an imminent danger exists, has a right to obtain a special inspection if he or she gives notice of such violation to the Secretary or his duly authorized representative. The notice shall be reduced to writing and signed by the miners' representative or miner, and a copy that does not reveal the name of the person giving the notice must be served on the operator no later than at the time of the inspection. If the Secretary determines that a violation or danger does not exist, he must so notify the miners' representative or miner in writing.
</P>
<P>(b) Under section 103(g)(2) of the Act, a representative of miners or, if there is no such representative, a miner, may notify in writing an authorized representative of the Secretary who is on mine premises prior to or during an inspection, of any violation or imminent danger which he or she has reason to believe exists in the mine. There shall be procedures for the informal review of any refusal by the Secretary's authorized representative to issue a citation with respect to such alleged violation or danger, including notification to the miners' representative or miner of the reasons for his disposition of the case.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>))
</SECAUTH>
<CITA TYPE="N">[43 FR 29515, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 43.3" NODE="30:1.0.1.4.21.1.1.3" TYPE="SECTION">
<HEAD>§ 43.3   Purpose and scope of this part.</HEAD>
<P>This part sets forth the procedures for giving notice to the Secretary under section 103(g)(1) of the Act, for responding to such notices and for reviewing refusals by authorized representatives of the Secretary to issue citations or orders under section 103 (g)(1) or (g)(2). Specifically, Subpart B details the steps to be taken by a representative of miners or a miner in making a request for a special inspection and by the Secretary in processing and taking action on such a request under section 103(g)(1). Subpart C sets forth informal review procedures which a representative of miners or a miner may request under sections 103 (g)(1) and (g)(2) where no citation or order is issued under those sections.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.4.21.2" TYPE="SUBPART">
<HEAD>Subpart B—Special Inspections</HEAD>


<DIV8 N="§ 43.4" NODE="30:1.0.1.4.21.2.1.1" TYPE="SECTION">
<HEAD>§ 43.4   Requirements for giving notice.</HEAD>
<P>(a) A representative of miners or, where there is no such representative, a miner, who has reasonable grounds to believe that a violation of the act or a mandatory health or safety standard exists, or that an imminent danger exists, may obtain a special inspection by giving notice to the Secretary or any authorized representative of the Secretary of such violation or danger.
</P>
<P>(b) Any such notice shall set forth the alleged violation or imminent danger and the location of such violation or danger and shall be reduced to a writing signed by the representative of miners or miner giving such notice. 
</P>
<P>(c) A copy of such written notice shall be provided to the operator or his agent by the Secretary or his authorized representative no later than the time that the inspection begins. In addition, if the notice indicates that an imminent danger exists, the operator or his agent shall be notified as quickly as possible of the alleged danger. The name of the person giving such notice and the names of any individual miners referred to therein shall not appear in the copy of the written notice or in a notification provided to the operator.


</P>
</DIV8>


<DIV8 N="§ 43.5" NODE="30:1.0.1.4.21.2.1.2" TYPE="SECTION">
<HEAD>§ 43.5   Action by the Secretary.</HEAD>
<P>(a) As soon as possible after the receipt of a notice of alleged violation or imminent danger under this subpart, the Secretary or his authorized representative shall make a special inspection to determine if a citation or withdrawal order should be issued, unless on the face of the notice, the condition complained of, even if it were found to exist, would clearly not constitute a violation or imminent danger.
</P>
<P>(b) Where the Secretary or his authorized representative makes a special inspection under this subpart and finds a violation or imminent danger, a citation or withdrawal order, as appropriate, shall be issued.


</P>
</DIV8>


<DIV8 N="§ 43.6" NODE="30:1.0.1.4.21.2.1.3" TYPE="SECTION">
<HEAD>§ 43.6   Notice of negative finding.</HEAD>
<P>(a) If it is determined that a special inspection is not warranted, a written notice of negative finding shall be issued as soon as possible following such determination.
</P>
<P>(b) If it is determined that an inspection is warranted and upon such inspection it is determined that neither a citation nor a withdrawal order should be issued for the alleged violation or imminent danger, a written notice of negative finding shall be issued by the authorized representative of the Secretary prior to leaving the mine premises.
</P>
<P>(c) Any notice of negative finding issued under this part shall be issued to the representative of miners or miner seeking the special inspection and a copy shall be served upon the operator.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.4.21.3" TYPE="SUBPART">
<HEAD>Subpart C—Informal Review</HEAD>


<DIV8 N="§ 43.7" NODE="30:1.0.1.4.21.3.1.1" TYPE="SECTION">
<HEAD>§ 43.7   Informal review upon written notice given to an inspector on the mine premises.</HEAD>
<P>(a) A representative of miners or, where there is no such representative, a miner, who has reason to believe that a violation of the Act or a mandatory health or safety standard exists, or an imminent danger exists, may notify an authorized representative of the Secretary in writing prior to or during an inspection conducted by such representative of any violation of the Act or mandatory health or safety standard or of any imminent danger which he or she has reason to believe exists in the mine being inspected. Where the authorized representative or the Secretary refuses to issue a citation or order with respect to such alleged violation or imminent danger, the representative of miners or miner may obtain review of such refusal in accordance with paragraphs (b) through (d) of this section.
</P>
<P>(b) A request for informal review shall be sent in writing to the appropriate district manager within 10 days of the date of the refusal to issue a citation or order and shall be accompanied by any supporting information the person requesting review wishes to submit.
</P>
<P>(c) After receipt of the request for informal review, the district manager or his agent may hold, at his or her discretion, an informal conference where the person requesting review can present his views.
</P>
<P>(d) After review of all written and oral statements submitted, the district manager may either affirm the refusal to issue a citation or order or may direct that a new inspection be conducted with respect to the alleged violation or imminent danger. The district manager shall furnish the person requesting review with a written statement of the reasons for his or her final disposition of the request as soon thereafter as possible. A copy of such statement shall be furnished the operator. The district manager's determination in the matter shall be final.


</P>
</DIV8>


<DIV8 N="§ 43.8" NODE="30:1.0.1.4.21.3.1.2" TYPE="SECTION">
<HEAD>§ 43.8   Informal review upon issuance of a notice of negative finding.</HEAD>
<P>A person to whom a notice of negative finding has been issued pursuant to § 43.6 of this part may request informal review of such finding in accordance with the provisions of § 43.7(b)-(d) of this subpart. 


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="44" NODE="30:1.0.1.4.22" TYPE="PART">
<HEAD>PART 44—RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>43 FR 29518, July 7, 1978, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.4.22.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 44.1" NODE="30:1.0.1.4.22.1.1.1" TYPE="SECTION">
<HEAD>§ 44.1   Scope and construction.</HEAD>
<P>(a) The procedures and rules of practice set forth in this part shall govern petitions for modification of mandatory safety standards filed under section 101(c) of the Act. 
</P>
<P>(b) These rules shall be liberally construed to carry out the purpose of the Act by assuring adequate protection of miners and to secure just and prompt determination of all proceedings consistent with adequate consideration of the issues involved.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.2" NODE="30:1.0.1.4.22.1.1.2" TYPE="SECTION">
<HEAD>§ 44.2   Definitions.</HEAD>
<P>As used in this part, unless the context clearly requires otherwise, the term—
</P>
<P>(a) <I>Act</I> means the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164.
</P>
<P>(b) <I>Secretary, operator, agent, person, miner,</I> and <I>coal or other mine,</I> have the meanings set forth in section 3 of the act.
</P>
<P>(c) <I>Assistant Secretary</I> means the Assistant Secretary of Labor for Mine Safety and Health.
</P>
<P>(d) <I>Administrative law judge</I> means an administrative law judge of the Department of Labor appointed under section 3105 of title 5 of the United States Code.
</P>
<P>(e) <I>Representative of miners</I> means a person or organization designated by two or more miners to act as their representative for purposes of the act and who is in compliance with 30 CFR part 40.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.3" NODE="30:1.0.1.4.22.1.1.3" TYPE="SECTION">
<HEAD>§ 44.3   Parties.</HEAD>
<P>Parties to proceedings under this part shall include the Mine Safety and Health Administration, the operator of the mine, and any representative of the miners in the affected mine. Any other person claiming a right of participation as an interested party in a proceeding may become a party upon application to the Assistant Secretary and the granting of such application. After referral of a petition to the Chief Administrative Law Judge, all applications for status as a party shall be made to the Chief Administrative Law Judge for his disposition.


</P>
</DIV8>


<DIV8 N="§ 44.4" NODE="30:1.0.1.4.22.1.1.4" TYPE="SECTION">
<HEAD>§ 44.4   Standard of evaluation of petitions; effect of petitions granted.</HEAD>
<P>(a) A petition for modification of application of a mandatory safety standard may be granted upon a determination that—
</P>
<P>(1) An alternative method of achieving the result of the standard exists that will at all times guarantee no less than the same measure of protection afforded by the standard, or
</P>
<P>(2) Application of the standard will result in a diminution of safety to the miners.
</P>
<P>(b) Except as may be provided in § 44.16 for relief to give effect to a proposed decision and order, a decision of an Administrator or an administrative law judge granting or denying a petition for modification shall not be effective until time for appeal has expired under § 44.14 or § 44.33, as appropriate. 
</P>
<P>(c) All petitions for modification granted pursuant to this part shall have only future effect: <I>Provided,</I> That the granting of the modification under this part shall be considered as a factor in the resolution of any enforcement action previously initiated for claimed violation of the subsequently modified mandatory safety standard. Orders granting petitions for modification may contain special terms and conditions to assure adequate protection to miners. The modification, together with any conditions, shall have the same effect as a mandatory safety standard.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.5" NODE="30:1.0.1.4.22.1.1.5" TYPE="SECTION">
<HEAD>§ 44.5   Notice of a granted petition for modification.</HEAD>
<P>(a) Every final action granting a petition for modification under this part shall be published in the <E T="04">Federal Register.</E> Every such final action published shall specify the statutory grounds upon which the modification is based and a summary of the facts which warranted the modification.
</P>
<P>(b) Every final action or a summary thereof granting a petition for modification under this part shall be posted by the operator on the mine bulletin board at the affected mine and shall remain posted as long as the modification is effective. If a summary of the final action is posted on the mine bulletin board, a copy of the full decision shall be kept at the affected mine office and made available to the miners.


</P>
</DIV8>


<DIV8 N="§ 44.6" NODE="30:1.0.1.4.22.1.1.6" TYPE="SECTION">
<HEAD>§ 44.6   Service.</HEAD>
<P>(a) Copies of all documents filed in any proceeding described in this part and copies of all notices pertinent to such proceeding shall be served by the filing party on all other persons made parties to the proceeding under § 44.3. If a request for hearing has been filed by any party, a copy of all subsequent documents filed shall be served upon the Mine Safety and Health Administration through its representative, the Office of the Solicitor, Department of Labor.
</P>
<P>(b) All documents filed subsequent to a petition for modification may be served personally or by first class mail to the last known address of the party. Service may also be completed by telecopier or other electronic means. 
</P>
<P>(c) Whenever a party is represented by an attorney who has signed any document filed on behalf of such party or otherwise entered an appearance on behalf of such party, service thereafter shall be made upon the attorney.
</P>
<P>(d) Any party filing a petition for modification under these rules shall file proof of service in the form of a return receipt where service is by registered or certified mail or an acknowledgment by the party served or a verified return where service is made personally. A certificate of service shall accompany all other documents filed by a party under these rules.
</P>
<P>(e) Service by mail shall be complete upon mailing. Service by telecopier or other electronic means shall be complete upon receipt. 
</P>
<P>(f) Whenever a party has the right to do some act within a prescribed period after the service of a document or other material upon the party and the document or other material is served upon the party by mail, 5 days shall be added to the prescribed period: <I>Provided,</I> that specific provisions may, for good cause, be made otherwise by an order of an administrative law judge or the Assistant Secretary in a particular proceeding pending before that person. 
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.7" NODE="30:1.0.1.4.22.1.1.7" TYPE="SECTION">
<HEAD>§ 44.7   Filing.</HEAD>
<P>For purposes of this part, a petition, request for hearing, notice of appeal, or other document shall be considered to be filed when received, or when mailed by certified mail, return receipt requested. Such documents may be filed by telecopier or other electronic means. 
</P>
<CITA TYPE="N">[55 FR 53440, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.8" NODE="30:1.0.1.4.22.1.1.8" TYPE="SECTION">
<HEAD>§ 44.8   Ex parte communication.</HEAD>
<P>There shall be no ex parte communication with respect to the merits of any case not concluded between the Assistant Secretary or the administrative law judge, including any employee or agent of the Assistant Secretary or of the administrative law judge, and any of the parties, intervenors, representatives, or other interested parties. 
</P>
<CITA TYPE="N">[55 FR 53440, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.9" NODE="30:1.0.1.4.22.1.1.9" TYPE="SECTION">
<HEAD>§ 44.9   Posting of petition.</HEAD>
<P>An operator of a mine for which there is no representative of miners shall post a copy of each petition concerning the mine on the mine bulletin board and shall maintain the posting until a ruling on the petition becomes final.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.4.22.2" TYPE="SUBPART">
<HEAD>Subpart B—Initial Procedure for Petitions for Modification</HEAD>


<DIV8 N="§ 44.10" NODE="30:1.0.1.4.22.2.1.1" TYPE="SECTION">
<HEAD>§ 44.10   Filing of petition; service.</HEAD>
<P>A petition for modification of the application of a mandatory safety standard under section 101(c) of the Act may be filed only by the operator of the affected mine or any representative of the miners at such mine. All petitions must be in writing and must be filed with the Director, Office of Standards, Regulations, and Variances, Mine Safety and Health Administration, 200 Constitution Avenue NW, Washington, DC 20210. If the petition is filed by a mine operator, a copy of the petition shall be served by the mine operator upon a representative of miners at the affected mine. If the petition is filed by a representative of the miners, a copy of the petition shall be served by the representative of miners upon the mine operator. Service shall be accomplished personally or by registered or certified mail, return receipt requested. 
</P>
<CITA TYPE="N">[55 FR 53440, Dec. 28, 1990, as amended at 67 FR 38384, June 4, 2002; 80 FR 52985, Sept. 2, 2015; 91 FR 9447, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 44.11" NODE="30:1.0.1.4.22.2.1.2" TYPE="SECTION">
<HEAD>§ 44.11   Contents of petition.</HEAD>
<P>(a) A petition for modification filed pursuant to § 44.10 shall contain: 
</P>
<P>(1) The name and address of the petitioner.
</P>
<P>(2) The mailing address and mine identification number of the mine or mines affected.
</P>
<P>(3) The mandatory safety standard to which the petition is directed.
</P>
<P>(4) A concise statement of the modification requested, and whether the petitioner proposes to establish an alternate method in lieu of the mandatory safety standard or alleges that application of the standard will result in diminution of safety to the miners affected or requests relief based on both grounds.
</P>
<P>(5) A detailed statement of the facts the petitioner would show to establish the grounds upon which it is claimed a modification is warranted.
</P>
<P>(6) Identification of any representative of the miners at the affected mine, if the petitioner is a mine operator.
</P>
<P>(b) A petition for modification shall not include a request for modification of the application of more than one mandatory safety standard. A petition for modification shall not request relief for more than one operator. However, an operator may file a petition for modification pertaining to more than one mine where it can be shown that identical issues of law and fact exist as to the petition for each mine. 


</P>
</DIV8>


<DIV8 N="§ 44.12" NODE="30:1.0.1.4.22.2.1.3" TYPE="SECTION">
<HEAD>§ 44.12   Procedure for public notice of petition received.</HEAD>
<P>(a) Within 15 days from the filing of a petition for modification, the Mine Safety and Health Administration will give notice of the petition to each known representative of miners or the operator of the affected mine, as appropriate, and shall publish notice of the petition in the <E T="04">Federal Register.</E>
</P>
<P>(b) The <E T="04">Federal Register</E> notice shall contain a statement that the petition has been filed, identify the petitioner and the mine or mines to which the petition relates, cite the mandatory safety standard for which modification is sought, and describe the requested relief.
</P>
<P>(c) All such notices shall advise interested parties that they may, within 30 days from the date of publication in the <E T="04">Federal Register,</E> in writing, comment upon or provide information relative to the proposed modification.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.13" NODE="30:1.0.1.4.22.2.1.4" TYPE="SECTION">
<HEAD>§ 44.13   Proposed decision.</HEAD>
<P>(a) Upon receipt of a petition for modification, the Mine Safety and Health Administration shall cause an investigation to be made as to the merits of the petition. Any party may request that the investigation of the petition for modification be expedited, or that the time period for investigating the petition be extended. Such requests shall be granted in the discretion of the Administrator upon good cause shown.
</P>
<P>(b) As soon as is practicable after the investigation is completed, the appropriate Administrator shall make a proposed decision and order, which shall be served upon all parties to the proceeding. The proposed decision shall become final upon the 30th day after service thereof, unless a request for hearing has been filed with the appropriate Administrator, as provided in § 44.14 of this part.
</P>
<P>(c) Service of the proposed decision is complete upon mailing.
</P>
<CITA TYPE="N">[55 FR 53440, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.14" NODE="30:1.0.1.4.22.2.1.5" TYPE="SECTION">
<HEAD>§ 44.14   Request for hearing.</HEAD>
<P>A request for hearing filed in accordance with § 44.13 of this part must be filed within 30 days after service of the proposed decision and shall include:
</P>
<P>(a) A concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and 
</P>
<P>(b) An indication of a desired hearing site. 
</P>
<P>(c) <I>Partial appeal.</I> (1) If the Administrator has issued a proposed decision and order granting the requested modification, a request for hearing on the proposed decision and order may be made by any party based upon objection to one or more of the terms and conditions of the Administrator's proposed decision and order. If such a request for hearing is made, the request should specify which of the terms and conditions should be the subject of the hearing. 
</P>
<P>(2) During the pendency of the partial appeal, the proposed decision and order of the Administrator will become final on the 30th day after service thereof, unless a request for hearing on the proposed decision and order is filed in accordance with paragraph (a) of this section by any other party. The decision and order will remain in effect as proposed by the Administrator until the terms and conditions for which the hearing was requested are modified, affirmed, or set aside by a final order of the presiding administrative law judge or the Assistant Secretary. The presiding administrative law judge shall take such action upon a determination of whether—
</P>
<P>(i) The terms and conditions for which the hearing was requested are necessary to ensure that the alternative method of achieving the result of the standard will at all times guarantee to the miners at the mine at least the same measure of protection afforded to the miners at the mine by such standard; or
</P>
<P>(ii) In the case of a petition involving a finding by the Administrator of a diminution of safety to the miners caused by application of the standard at the mine, whether the terms and conditions for which the hearing was requested are necessary to provide equivalent protection to the miners at the mine from the hazard against which the standard is directed.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53441, Dec. 28, 1990] 


</CITA>
</DIV8>


<DIV8 N="§ 44.15" NODE="30:1.0.1.4.22.2.1.6" TYPE="SECTION">
<HEAD>§ 44.15   Referral to Chief Administrative Law Judge.</HEAD>
<P>Upon receipt of a request for hearing as provided in § 44.14 of this part, the Administrator shall, within 5 days, refer to the Chief Administrative Law Judge the original petition, the proposed decision and order, all information upon which the proposed decision was based, any written request for a hearing on the petition filed, any other written comments or information received and considered in making the proposed decision. The MSHA investigation report shall be made part of the record on the petition.
</P>
<CITA TYPE="N">[55 FR 53441, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.16" NODE="30:1.0.1.4.22.2.1.7" TYPE="SECTION">
<HEAD>§ 44.16   Application for temporary relief; relief to give effect to the proposed decision and order.</HEAD>
<P>(a) <I>Time for filing.</I> An application for temporary relief from enforcement of a mandatory standard may be filed at any time before a proposed decision and order is issued on a petition for modification and shall be served upon all parties to the proceeding.
</P>
<P>(b) <I>With whom filed.</I> The application shall be filed with and decided by the appropriate Administrator.
</P>
<P>(c) <I>Investigation and decision.</I> Upon receipt of an application for temporary relief, the Administrator shall cause an investigation to be made as to the merits of the application. As soon thereafter as practicable, but in no event greater than 60 days from filing of the application, the Administrator shall issue a decision. If the Administrator does not issue a decision within 60 days of filing of the application, the application shall be deemed to be denied.
</P>
<P>(d) <I>Contents of application.</I> An application for temporary relief shall comply with applicable general requirements of this part, state the specific relief requested, and include specific evidence showing how the applicant meets the criteria set forth in paragraph (e) of this section.
</P>
<P>(e) <I>Criteria.</I> Before temporary relief is granted, the applicant must clearly show that—
</P>
<P>(1) The application was filed in good faith;
</P>
<P>(2) The requested relief will not adversely affect the health or safety of miners in the affected mine;
</P>
<P>(3) An identifiable hazard to miners exists in the mine which is caused by application of the standard at the mine;
</P>
<P>(4) Other means will be used to reasonably address the hazard against which the original standard was designed to protect; and 
</P>
<P>(5) Compliance with the standard while the petition for modification is pending will expose miners to the identifiable hazard upon which the application is based.
</P>
<P>(f) <I>Response.</I> All parties to the proceeding in which an application for temporary relief has been filed shall have 15 days from receipt of the application to file a written response with the Administrator.
</P>
<P>(g) <I>Evidence.</I> An application for temporary relief or a response to such an application may be supported by affidavits or other evidentiary matter.
</P>
<P>(h) <I>Findings.</I> Temporary relief may be granted by the Administrator upon a finding that application of the standard at the mine will result in a diminution of safety to the miners at such mine.
</P>
<P>(i) <I>Appeal to the Office of the Administrative Law Judges.</I> If the application for temporary relief is granted by the Administrator, any other party may request a hearing within 15 days of the Administrator's decision. The request shall be addressed to the Administrator and shall be referred by the Administrator, along with the petition for modification, to the Chief Administrative Law Judge in accordance with § 44.15. The hearing and decision of the presiding administrative law judge shall be in accordance with subparts C through E of this part. After referral of the petition for modification and application for temporary relief, no further decision shall be rendered by the Administrator.
</P>
<P>(j) <I>Duration of relief.</I> An order granting temporary relief shall be effective until superseded by the Administrator's proposed decision and order, unless a hearing is requested in accordance with paragraph (i) of this section. If such hearing is requested, the temporary relief shall remain in effect until modified, affirmed or set aside by the presiding administrative law judge. In no case, however, shall the Administrator's order remain in effect for more than one year, unless renewed or affirmed by the presiding administrative law judge.
</P>
<P>(k) <I>Application for relief to give effect to the proposed decision and order.</I> At any time following the proposed decision and order of the Administrator on the accompanying petition for modification, any party may request relief to give effect to the proposed decision and order until it becomes final.
</P>
<P>(l) An application for relief under paragraph (k) shall be filed with the Administrator and shall include a good faith representation that no party is expected to contest the granting of the petition for modification.
</P>
<P>(m) A decision to grant relief requested under paragraph (k) will take effect on the seventh day following the decision. If a request for hearing on the proposed decision and order is filed in accordance with § 44.14 prior to the seventh day following the granting of such relief, the relief will not become effective. If such request for hearing on the proposed decision and order is filed after relief becomes effective, the relief will expire immediately.
</P>
<CITA TYPE="N">[55 FR 53441, Dec. 28, 1990]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.4.22.3" TYPE="SUBPART">
<HEAD>Subpart C—Hearings</HEAD>


<DIV8 N="§ 44.20" NODE="30:1.0.1.4.22.3.1.1" TYPE="SECTION">
<HEAD>§ 44.20   Designation of administrative law judge.</HEAD>
<P>Within 5 days after receipt of a referral of a request for hearing in a petition for modification proceeding, the Chief Administrative Law Judge shall designate an administrative law judge appointed under section 3105 of Title 5 of the United States Code to preside over the hearing.
</P>
<CITA TYPE="N">[55 FR 53442, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.21" NODE="30:1.0.1.4.22.3.1.2" TYPE="SECTION">
<HEAD>§ 44.21   Filing and form of documents.</HEAD>
<P>(a) <I>Where to file.</I> After a petition has been referred to the Office of the Chief Administrative Law Judge, the parties will be notified of the name and address of the administrative law judge assigned to the case. All further documents shall be filed with the administrative law judge at the address designated or with the Chief Administrative Law Judge, if the assignment has not been made. While the petition is before the Assistant Secretary at any stage of the proceeding, all documents should be filed with the Assistant Secretary of Labor for Mine Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210.
</P>
<P>(b) <I>Caption, title and signature.</I> (1) The documents filed in any proceeding under this part shall be captioned in the name of the operator of the mine to which the proceeding relates and in the name of the mine or mines affected. After a docket number has been assigned to the proceeding by the Office of the Chief Administrative Law Judge, the caption shall contain such docket number.
</P>
<P>(2) After the caption each such document shall contain a title which shall be descriptive of the document and which shall identify the party by whom the document is submitted.
</P>
<P>(3) The original of all documents filed shall be signed at the end by the party submitting the document or, if the party is represented by an attorney, by such attorney. The address of the party or the attorney shall appear beneath the signature.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 67 FR 38384, June 4, 2002; 80 FR 52985, Sept. 2, 2015; 91 FR 9447, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 44.22" NODE="30:1.0.1.4.22.3.1.3" TYPE="SECTION">
<HEAD>§ 44.22   Administrative law judges; powers and duties.</HEAD>
<P>(a) <I>Powers.</I> An administrative law judge designated to preside over a hearing shall have all powers necessary or appropriate to conduct a fair, full, and impartial hearing, including the following:
</P>
<P>(1) To administer oaths and affirmations;
</P>
<P>(2) To issue subpoenas on his own motion or upon written application of a party;
</P>
<P>(3) To rule upon offers of proof and receive relevant evidence;
</P>
<P>(4) To take depositions or have depositions taken when the ends of justice would be served;
</P>
<P>(5) To provide for discovery and determine its scope;
</P>
<P>(6) To regulate the course of the hearing and the conduct of parties and their counsel;
</P>
<P>(7) To consider and rule upon procedural requests;
</P>
<P>(8) To hold conferences for settlement or simplification of issues by consent of the parties;
</P>
<P>(9) To make decisions in accordance with the Act, this part, and section 557 of title 5 of the United States Code; and
</P>
<P>(10) To take any other appropriate action authorized by this part, section 556 of title 5 of the United States Code, or the Act.
</P>
<P>(b) <I>Disqualification.</I> (1) When an administrative law judge deems himself disqualified to preside over a particular hearing, he shall withdraw therefrom by notice on the record directed to the Chief Administrative Law Judge.
</P>
<P>(2) Any party who deems an administrative law judge for any reason to be disqualified to preside or continue to preside over a particular hearing, may file with the Chief Administrative Law Judge of the Department of Labor a motion to be supported by affidavits setting forth the alleged grounds for disqualification. The Chief Administrative Law Judge shall rule upon the motion.
</P>
<P>(c) <I>Contumacious conduct; failure or refusal to appear or obey rulings of a presiding administrative law judge.</I> (1) Contumacious conduct at any hearing before the administrative law judge shall be grounds for exclusion from the hearing.
</P>
<P>(2) If a witness or party refuses to answer a question after being directed to do so or refuses to obey an order to provide or permit discovery, the administrative law judge may make such orders with regard to the refusal as are just and appropriate, including an order denying the application of a petitioner or regulating the contents of the record of the hearing.
</P>
<P>(d) <I>Referral to Federal Rules of Civil Procedure and Evidence.</I> On any procedural question not regulated by this part, the act, or the Administrative Procedure Act, an administrative law judge shall be guided to the extent practicable by any pertinent provisions of the Federal Rules of Civil Procedure or Federal Rules of Evidence, as appropriate.
</P>
<P>(e) <I>Remand.</I> The presiding administrative law judge shall be authorized to remand the petition for modification proceeding to the appropriate Administrator based upon new evidence which was not available to the Administrator and which may have materially affected the Administrator's proposed decision and order. Remand may be upon the judge's own motion or the motion of any party, and shall be granted in the discretion of the presiding administrative law judge.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.23" NODE="30:1.0.1.4.22.3.1.4" TYPE="SECTION">
<HEAD>§ 44.23   Prehearing conferences.</HEAD>
<P>(a) <I>Convening a conference.</I> Upon his own motion or the motion of a party, the administrative law judge may direct the parties or their counsel to meet with him for a conference to consider:
</P>
<P>(1) Simplification of issues;
</P>
<P>(2) Necessity or desirability of amendments to documents for clarification, simplification, or limitation;
</P>
<P>(3) Stipulations and admissions of facts;
</P>
<P>(4) Limitation of the number of parties and expert witnesses; and
</P>
<P>(5) Such other matters as may tend to expedite the disposition of the proceeding and assure a just conclusion thereof. 
</P>
<P>(b) <I>Record of conference.</I> The administrative law judge may, where appropriate, issue an order which recites the action taken at the conference, amendments allowed to any filed documents, and agreements made between the parties as to any of the matters considered. The order shall limit the issues for hearing to those not disposed of by admissions or agreements. Such an order controls the subsequent course of the hearing, unless modified at the hearing to prevent manifest injustice.


</P>
</DIV8>


<DIV8 N="§ 44.24" NODE="30:1.0.1.4.22.3.1.5" TYPE="SECTION">
<HEAD>§ 44.24   Discovery.</HEAD>
<P>Parties shall be governed in their conduct of discovery by appropriate provisions of the Federal Rules of Civil Procedure, except as provided in § 44.25 of this part. After consultation with the parties, the administrative law judge shall prescribe a time of not more than 45 days to complete discovery. Alternative periods of time for discovery may be prescribed by the presiding administrative law judge upon the request of any party. As soon as is practicable after completion of discovery, the administrative law judge shall schedule a hearing in accordance with § 44.28 of this part.
</P>
<CITA TYPE="N">[55 FR 53442, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.25" NODE="30:1.0.1.4.22.3.1.6" TYPE="SECTION">
<HEAD>§ 44.25   Depositions.</HEAD>
<P>(a) <I>Purpose.</I> For reasons of unavailability or for purpose of discovery, the testimony of any witness may be taken by deposition.
</P>
<P>(b) <I>Form.</I> Depositions may be taken before any person having the power to administer oaths. Each witness testifying upon deposition shall be sworn, and the parties not calling him shall have the right to cross-examine him. Questions propounded and answers thereto, together with all objections made, shall be reduced to writing, read to or by the witness, subscribed by him, and certified by the officer before whom the deposition is taken. The officer shall send copies by registered mail to the Chief Administrative Law Judge or the presiding administrative law judge.


</P>
</DIV8>


<DIV8 N="§ 44.26" NODE="30:1.0.1.4.22.3.1.7" TYPE="SECTION">
<HEAD>§ 44.26   Subpoenas; witness fees.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, the Chief Administrative Law Judge or the presiding administrative law judge, as appropriate, shall issue subpoenas upon written application of a party requiring attendance of witnesses and production of relevant papers, books, documents, or tangible things in their possession and under their control. A subpoena may be served by any person who is not a party and is not less than 18 years of age, and the original subpoena bearing a certificate of service shall be filed with the administrative law judge. A witness may be required to attend a deposition or hearing at a place not more than 100 miles from the place of service.
</P>
<P>(b) If a party's written application for subpoena is submitted 3 working days or less before the hearing to which it relates, a subpoena shall issue at the discretion of the Chief Administrative Law Judge or presiding administrative law judge, as appropriate.
</P>
<P>(c) Any person served with a subpoena may move in writing to revoke or modify the subpoena. All motions to revoke or modify shall be served on the party at whose request the subpoena was issued. The administrative law judge shall revoke or modify the subpoena if in his opinion the evidence required to be produced does not relate to any matter under investigation or in question in the proceedings; the subpoena does not describe with sufficient particularity the evidence required to be produced; or if for any other reason, sufficient in law, the subpoena is found to be invalid or unreasonable. The administrative law judge shall make a simple statement of procedural or other grounds for the ruling on the motion to revoke or modify. The motion to revoke or modify, any answer filed thereto, and any ruling thereon shall become a part of the record.
</P>
<P>(d) Witnesses subpoenaed by any party shall be paid the same fees for attendance and mileage as are paid in the District Courts of the United States. The fees shall be paid by the party at whose instance the witness appears.


</P>
</DIV8>


<DIV8 N="§ 44.27" NODE="30:1.0.1.4.22.3.1.8" TYPE="SECTION">
<HEAD>§ 44.27   Consent findings and rules or orders.</HEAD>
<P>(a) <I>General.</I> At any time after a request for hearing is filed in accordance with § 44.14, a reasonable opportunity may be afforded to permit negotiation by the parties of an agreement containing consent findings and a rule or order disposing of the whole or any part of the proceedings. Allowance of such opportunity and the duration thereof shall be in the discretion of the Chief Administrative Law Judge, if no administrative law judge has been assigned, or of the presiding administrative law judge. In deciding whether to afford such an opportunity, the administrative law judge shall consider the nature of the proceeding, requirements of the public interest, representations of the parties, and probability of an agreement which will result in a just disposition of the issues involved.
</P>
<P>(b) <I>Contents.</I> Any agreement containing consent findings and rule or order disposing of a proceeding shall also provide: 
</P>
<P>(1) That the rule or order shall have the same effect as if made after a full hearing;
</P>
<P>(2) That the record on which any rule or order may be based shall consist of the petition and agreement, and all other pertinent information, including: any request for hearing on the petition; the investigation report; discovery; motions and requests, filed in written form and rulings thereon; any documents or papers filed in connection with prehearing conferences; and, if a hearing has been held, the transcript of testimony and any proposed findings, conclusions, rules or orders, and supporting reasons as may have been filed.
</P>
<P>(3) A waiver of further procedural steps before the administrative law judge and Assistant Secretary; and 
</P>
<P>(4) A waiver of any right to challenge or contest the validity of the findings and rule or order made in accordance with the agreement.
</P>
<P>(c) <I>Submission.</I> On or before expiration of the time granted for negotiations, the parties or their counsel may:
</P>
<P>(1) Submit the proposed agreement to the Chief Administrative Law Judge or presiding administrative law judge, as appropriate, for his consideration; or
</P>
<P>(2) Inform the Chief Administrative Law Judge or presiding administrative law judge, as appropriate, that agreement cannot be reached.
</P>
<P>(d) <I>Disposition.</I> In the event an agreement containing consent findings and rule or order is submitted within the time allowed, the Chief Administrative Law Judge or presiding administrative law judge, as appropriate, may accept the agreement by issuing his decision based upon the agreed findings.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.28" NODE="30:1.0.1.4.22.3.1.9" TYPE="SECTION">
<HEAD>§ 44.28   Notice of hearing.</HEAD>
<P>(a) The administrative law judge shall fix a place and date for the hearing and notify all parties at least 30 days in advance of the date set, unless at least one party requests and all parties consent to an earlier date, or the hearing date has been otherwise advanced in accordance with this part. The notice shall include:
</P>
<P>(1) The time, place, and nature of the hearing; and
</P>
<P>(2) The legal authority under which the hearing is to be held.
</P>
<P>(b) In accordance with the provisions of section 554 of title 5 of the United States Code, a party may move for transfer of a hearing on the basis of convenience to parties and witnesses. Such motion should be filed with the administrative law judge assigned to the case.


</P>
</DIV8>


<DIV8 N="§ 44.29" NODE="30:1.0.1.4.22.3.1.10" TYPE="SECTION">
<HEAD>§ 44.29   Motions.</HEAD>
<P>Each motion filed shall be in writing and shall contain a short and plain statement of the grounds upon which it is based. A statement in opposition to the motion may be filed by any party within 10 days after the date of service. The administrative law judge may permit oral motions during proceedings.


</P>
</DIV8>


<DIV8 N="§ 44.30" NODE="30:1.0.1.4.22.3.1.11" TYPE="SECTION">
<HEAD>§ 44.30   Hearing procedures.</HEAD>
<P>(a) <I>Order of proceeding.</I> Except as may be ordered otherwise by the administrative law judge, the petitioner shall proceed first at a hearing.
</P>
<P>(b) <I>Burden of proof.</I> The petitioner shall have the burden of proving his case by a preponderance of the evidence.
</P>
<P>(c) <I>Evidence</I>—(1) <I>Admissibility.</I> A party shall be entitled to present its case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for full and true disclosure of the facts. Any oral or documentary evidence may be received, but the administrative law judge shall exclude evidence which is irrelevant, immaterial, or unduly repetitious.
</P>
<P>(2) <I>Testimony of witnesses.</I> The testimony of a witness shall be upon oath or affirmation administered by the administrative law judge.
</P>
<P>(3) <I>Objections.</I> If a party objects to admission or rejection of any evidence, limitation of the scope of any examination or cross-examination, or failure to limit such scope, he shall state briefly the grounds for such objection. Rulings on such objections shall appear in the record.
</P>
<P>(4) <I>Exceptions.</I> Formal exception to an adverse ruling is not required. 
</P>
<P>(d) <I>Official notice.</I> Official notice may be taken of any material fact not appearing in evidence in the record, which is among the traditional matters of judicial notice or concerning which the Department of Labor by reason of its functions is presumed to be expert: <I>Provided,</I> That the parties shall be given adequate notice at the hearing or by reference in the presiding administrative law judge's decision of the matters so noticed and shall be given adequate opportunity to show the contrary.
</P>
<P>(e) <I>Transcript.</I> Copies of the transcript of the hearing may be obtained by the parties upon written application filed with the reporter and payment of fees at the rate provided in the agreement with the reporter.


</P>
</DIV8>


<DIV8 N="§ 44.31" NODE="30:1.0.1.4.22.3.1.12" TYPE="SECTION">
<HEAD>§ 44.31   Proposed findings of fact, conclusions, and orders.</HEAD>
<P>After consultation with the parties, the administrative law judge may prescribe a time period of 30 days within which each party may file proposed findings of fact, conclusions of law, and rule or order, together with a supporting brief expressing the reasons for such proposals. Such time may be expedited or extended upon request and at the discretion of the Administrative Law Judge. Proposals and briefs shall be served on all other parties and shall refer to all portions of the record and to all authorities relied upon in support of each proposal.
</P>
<CITA TYPE="N">[55 FR 53442, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.32" NODE="30:1.0.1.4.22.3.1.13" TYPE="SECTION">
<HEAD>§ 44.32   Initial decision.</HEAD>
<P>(a) Within 60 days after the time allowed for the filing of proposed findings of fact and conclusions of law, the administrative law judge shall make and serve upon each party a decision, which shall become final upon the 30th day after service thereof, unless an appeal is filed as provided in § 44.33 of this part. After consultation with the parties, the administrative law judge may expedite or extend the time for issuing the decision. The decision of the administrative law judge shall include: 
</P>
<P>(1) A statement of findings of fact and conclusions of law, with reasons therefor, upon each material issue of fact, law, or discretion presented on the record; and 
</P>
<P>(2) The appropriate rule, order, relief, or denial thereof. 
</P>
<P>(b) The decision of the administrative law judge shall be based upon a consideration of the whole record and shall state all facts officially noticed and relied upon. It shall be made on the basis of a preponderance of reliable and probative evidence.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.33" NODE="30:1.0.1.4.22.3.1.14" TYPE="SECTION">
<HEAD>§ 44.33   Departmental review.</HEAD>
<P>(a) <I>Notice of appeal.</I> Any party may appeal from the initial decision of the administrative law judge by filing with the Assistant Secretary a notice of appeal within 30 days after service of the initial decision. The Assistant Secretary may consolidate related appeals. Copies of a notice of appeal shall be served on all parties to the proceeding in accordance with § 44.6 of this part.
</P>
<P>(b) <I>Statement of objections.</I> Within 20 days after filing the notice of appeal, the appellant shall file his statement of objections to the decision of the administrative law judge and serve copies on all other parties to the proceeding. The statement shall refer to the specific findings of fact, conclusions of law, or terms of the order objected to in the initial decision. Where any objection is based upon evidence of record, the objection need not be considered by the Assistant Secretary if specific record citations to the pertinent evidence are not contained in the statement of objections. 
</P>
<P>(c) <I>Responding statements.</I> Within 20 days after service of the statement of objections, any other party to the proceeding may file a statement in response.
</P>
<CITA TYPE="N">[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.34" NODE="30:1.0.1.4.22.3.1.15" TYPE="SECTION">
<HEAD>§ 44.34   Transmission of record.</HEAD>
<P>If an appeal is filed, the administrative law judge shall, as soon thereafter as is practicable, transmit the record of the proceeding to the Assistant Secretary for review. The record shall include: the petition; the MSHA investigation report; any request for hearing on the petition; the transcript of testimony taken at the hearing, together with exhibits admitted in evidence; any documents or papers filed in connection with prehearing conferences; such proposed findings of fact, conclusions of law, rules or orders, and supporting reasons, as may have been filed; and the administrative law judge's decision. 
</P>
<CITA TYPE="N">[55 FR 53442, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.35" NODE="30:1.0.1.4.22.3.1.16" TYPE="SECTION">
<HEAD>§ 44.35   Decision of the Assistant Secretary.</HEAD>
<P>Appeals from a decision rendered pursuant to § 44.32 of this part shall be decided by the Assistant Secretary within 120 days after the time for filing responding statements under § 44.33 of this part. The Assistant Secretary's decision shall be based upon consideration of the entire record of the proceedings transmitted, together with the statements submitted by the parties. The decision may affirm, modify, or set aside, in whole or part, the findings, conclusions, and rule or order contained in the decision of the presiding administrative law judge and shall include a statement of reasons for the action taken. The Assistant Secretary may also remand the petition to the administrative law judge for additional legal or factual determinations. Any party may request that the time for the Assistant Secretary's decision be expedited. Such requests shall be granted in the discretion of the Assistant Secretary.
</P>
<CITA TYPE="N">[55 FR 53442, Dec. 28, 1990] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.4.22.4" TYPE="SUBPART">
<HEAD>Subpart D—Summary Decisions</HEAD>


<DIV8 N="§ 44.40" NODE="30:1.0.1.4.22.4.1.1" TYPE="SECTION">
<HEAD>§ 44.40   Motion for summary decision.</HEAD>
<P>(a) Any party may, at least 20 days before the date fixed for any hearing under Subpart C of this part, move with or without supporting affidavits for a summary decision on all or any part of the proceeding. Any other party may, within 10 days after service of the motion, serve opposing affidavits or countermove for summary decision. The administrative law judge may set the matter for argument and call for submission of briefs.
</P>
<P>(b) Filing of any documents under paragraph (a) of this section shall be with the administrative law judge, and copies of such documents shall be served in accordance with § 44.6 of this part.
</P>
<P>(c) Any affidavits submitted with the motion shall set forth such facts as would be admissible in evidence in a proceeding subject to 5 U.S.C. 556 and 557 and shall show affirmatively that the affiant is competent to testify to the matters stated therein. When a motion for summary decision is made and supported as provided in this section, a party opposing the motion may not rest upon the mere allegations or denials of such pleading. Such response must set forth specific facts showing that there is a genuine issue of fact for the hearing. 
</P>
<P>(d) The administrative law judge may grant the motion if the pleadings, affidavits, material obtained by discovery or otherwise, or matters officially noticed show that there is no genuine issue as to any material fact and a party is entitled to summary decision. The administrative law judge may deny the motion whenever the moving party denies access to information by means of discovery to a party opposing the motion. 
</P>
<P>(e) The denial of all or part of a motion for summary decision by the administrative law judge shall not be subject to interlocutory appeal to the Assistant Secretary unless the administrative law judge certifies in writing that (1) the ruling involves an important question of law or policy as to which there are substantial grounds for difference of opinion, and (2) an immediate appeal from the ruling may materially advance termination of the proceeding. The allowance of an interlocutory appeal shall not stay the proceedings before the administrative law judge unless ordered by the Assistant Secretary.


</P>
</DIV8>


<DIV8 N="§ 44.41" NODE="30:1.0.1.4.22.4.1.2" TYPE="SECTION">
<HEAD>§ 44.41   Summary decision.</HEAD>
<P>(a) <I>No genuine issue of material fact.</I> (1) Where no genuine issue of a material fact is found to have been raised, the administrative law judge may issue an initial decision to become final 30 days after service thereof, unless, within such time, any party has filed an appeal with the Assistant Secretary. Thereafter, the Assistant Secretary, after consideration of the entire record, may issue a final decision.
</P>
<P>(2) An initial decision and a final decision made under this paragraph shall include a statement of—
</P>
<P>(i) Findings and conclusions, and the reasons therefor, on all issues presented; and
</P>
<P>(ii) Any terms and conditions of the rule or order.
</P>
<P>(3) A copy of an initial decision and final decision under this paragraph shall be served on each party.
</P>
<P>(b) <I>Hearings on issues of fact.</I> Where a genuine question of material fact is raised, the administrative law judge shall, and in any other case may, set the case for an evidentiary hearing in accordance with Subpart C of this part.


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.4.22.5" TYPE="SUBPART">
<HEAD>Subpart E—Effect of Initial Decision</HEAD>


<DIV8 N="§ 44.50" NODE="30:1.0.1.4.22.5.1.1" TYPE="SECTION">
<HEAD>§ 44.50   Effect of appeal on initial decision.</HEAD>
<P>Except as provided in § 44.14(c), a proposed decision and order of an Administrator is not operative pending appeal to an administrative law judge, and a decision of an administrative law judge is not operative pending appeal to the Assistant Secretary.
</P>
<CITA TYPE="N">[55 FR 53443, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.51" NODE="30:1.0.1.4.22.5.1.2" TYPE="SECTION">
<HEAD>§ 44.51   Finality for purposes of judicial review.</HEAD>
<P>Only a decision by the Assistant Secretary shall be deemed final agency action for purposes of judicial review. A decision by an Administrator or administrative law judge which becomes final for lack of appeal is not deemed final agency action for purposes of 5 U.S.C. 704. 


</P>
</DIV8>


<DIV8 N="§ 44.52" NODE="30:1.0.1.4.22.5.1.3" TYPE="SECTION">
<HEAD>§ 44.52   Revocation of modification.</HEAD>
<P>(a) <I>Petition for revocation.</I> Any party to a proceeding under this part in which a petition for modification of a mandatory safety standard was granted by an Administrator, administratior law judge, or the Assistant Secretary may petition that the modification be revoked. Such petition shall be filed with the Chief Administrative Law Judge for disposition. 
</P>
<P>(b) <I>Revocation by the Administrator.</I> The appropriate Administrator may propose to revoke a modification previously granted by the Administrator, an administrative law judge, or the Assistant Secretary, by issuing a proposed decision and order revoking the modification. Such proposed revocation and a statement of reasons supporting the proposal must be served upon all parties to the proceeding, and shall become final on the 30th day after service thereof unless a hearing is requested in accordance with § 44.14. 
</P>
<P>(c) Revocation of a granted modification must be based upon a change in circumstances or because findings which originally supported the modification are no longer valid. 
</P>
<P>(d) Disposition of the revocation shall be subject to all procedures of subparts C through E of this part.
</P>
<CITA TYPE="N">[55 FR 53443, Dec. 28, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 44.53" NODE="30:1.0.1.4.22.5.1.4" TYPE="SECTION">
<HEAD>§ 44.53   Amended modification.</HEAD>
<P>(a) The Administrator may propose to revise the terms and conditions of a granted modification by issuing an amended proposed decision and order, along with a statement of reasons for the amended proposed decision and order, when one or both of the following occurs: 
</P>
<P>(1) A change in circumstances which originally supported the terms and conditions of the modification. 
</P>
<P>(2) The Administrator determines that findings which originally supported the terms and conditions of the modification are no longer valid. 
</P>
<P>(b) The Administrator's amended proposed decision and order shall be served upon all parties to the proceeding and shall become final upon the 30th day after service thereof, unless a request for hearing on the proposed amendments is filed under § 44.14. If a request for hearing is filed, the amended proposed decision and order shall be subject to all procedures of subparts C through E of this part as if it were a proposed decision and order of the Administrator issued in accordance with § 44.13. The original modification shall remain in effect until superseded by a final amended modification. 
</P>
<P>(c) In cases where the original decision and order was based upon an alternative method of achieving the result of the standard, the amended decision and order shall at all times provide to miners at the mine at least the same measure of protection afforded to the miners at the mine by such standard. In cases where the original decision and order was based upon a diminution of safety to the miners resulting from application of the standard at such time, the amended decision and order shall not reduce the protection afforded miners by the original decision and order. 
</P>
<CITA TYPE="N">[55 FR 53443, Dec. 28, 1990] 


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="45" NODE="30:1.0.1.4.23" TYPE="PART">
<HEAD>PART 45—INDEPENDENT CONTRACTORS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 802(d), 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>45 FR 44496, July 1, 1980, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 45.1" NODE="30:1.0.1.4.23.0.1.1" TYPE="SECTION">
<HEAD>§ 45.1   Scope and purpose.</HEAD>
<P>This part sets forth information requirements and procedures for independent contractors to obtain an MSHA identification number and procedures for service of documents upon independent contractors. Production-operators are required to maintain certain information for each independent contractor at the mine. The purpose of this rule is to facilitate implementation of MSHA's enforcement policy of holding independent contractors responsible for violations committed by them and their employees. 


</P>
</DIV8>


<DIV8 N="§ 45.2" NODE="30:1.0.1.4.23.0.1.2" TYPE="SECTION">
<HEAD>§ 45.2   Definitions.</HEAD>
<P>As used in this part: 
</P>
<P>(a) <I>Act</I> means the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164; 
</P>
<P>(b) <I>District Manager</I> means the District Manager of the Mine Safety and Health Administration District in which the independent contractor is located; 
</P>
<P>(c) <I>Independent contractor</I> means any person, partnership, corporation, subsidiary of a corporation, firm, association or other organization that contracts to perform services or construction at a mine; and, 
</P>
<P>(d) <I>Production-operator</I> means any owner, lessee, or other person who operates, controls or supervises a coal or other mine. 


</P>
</DIV8>


<DIV8 N="§ 45.3" NODE="30:1.0.1.4.23.0.1.3" TYPE="SECTION">
<HEAD>§ 45.3   Identification of independent contractors.</HEAD>
<P>(a) Any independent contractor may obtain a permanent MSHA identification number. To obtain an identification number, an independent contractor shall submit to the District Manager in writing the following information: 
</P>
<P>(1) The trade name and business address of the independent contractor; 
</P>
<P>(2) An address of record for service of documents; 
</P>
<P>(3) A telephone number at which the independent contractor can be contacted during regular business hours; and 
</P>
<P>(4) The estimated annual hours worked on mine property by the independent contractor in the previous calendar year, or in the instance of a business operating less than one full calendar year, prorated to an annual basis.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>))
</SECAUTH>
<CITA TYPE="N">[45 FR 44496, July 1, 1980, as amended at 47 FR 14696, Apr. 6, 1982; 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 45.4" NODE="30:1.0.1.4.23.0.1.4" TYPE="SECTION">
<HEAD>§ 45.4   Independent contractor register.</HEAD>
<P>(a) Each independent contractor shall provide the production-operator in writing the following information: 
</P>
<P>(1) The independent contractor's trade name, business address and business telephone number; 
</P>
<P>(2) A description of the nature of the work to be performed by the independent contractor and where at the mine the work is to be performed; 
</P>
<P>(3) The independent contractor's MSHA identification number, if any; and 
</P>
<P>(4) The independent contractor's address of record for service of citations, or other documents involving the independent contractor. 
</P>
<P>(b) Each production-operator shall maintain in writing at the mine the information required by paragraph (a) of this section for each independent contractor at the mine. The production-operator shall make this information available to any authorized representative of the Secretary upon request. 


</P>
</DIV8>


<DIV8 N="§ 45.5" NODE="30:1.0.1.4.23.0.1.5" TYPE="SECTION">
<HEAD>§ 45.5   Service of documents; independent contractors.</HEAD>
<P>Service of citations, orders and other documents upon independent contractors shall be completed upon delivery to the independent contractor or mailing to the independent contractor's address of record. 


</P>
</DIV8>


<DIV8 N="§ 45.6" NODE="30:1.0.1.4.23.0.1.6" TYPE="SECTION">
<HEAD>§ 45.6   Address of record and telephone number; independent contractors.</HEAD>
<P>(a) The address and telephone number required under this part shall be the independent contractor's official address and telephone number for purposes of the Act. Service of documents upon independent contractors may be proved by a Post Office return receipt showing that the documents were delivered to the address of record or that the documents could not be delivered to the address of record because the independent contractor is no longer at that address and has established no forwarding address; because delivery was not accepted at that address; or because no such address exists. Independent contractors may request service by delivery to another appropriate address of record provided by the independent contractor. The telephone number required under this part will be used in connection with the proposed penalty assessment procedures in 30 CFR part 100. 


</P>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="H" NODE="30:1.0.1.5" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER H—EDUCATION AND TRAINING


</HEAD>

<DIV5 N="46" NODE="30:1.0.1.5.24" TYPE="PART">
<HEAD>PART 46—TRAINING AND RETRAINING OF MINERS ENGAGED IN SHELL DREDGING OR EMPLOYED AT SAND, GRAVEL, SURFACE STONE, SURFACE CLAY, COLLOIDAL PHOSPHATE, OR SURFACE LIMESTONE MINES.
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 825. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>64 FR 53130, Sept. 30, 1999, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 46.1" NODE="30:1.0.1.5.24.0.1.1" TYPE="SECTION">
<HEAD>§ 46.1   Scope.</HEAD>
<P>The provisions of this part set forth the mandatory requirements for training and retraining miners and other persons at shell dredging, sand, gravel, surface stone, surface clay, colloidal phosphate, and surface limestone mines.


</P>
</DIV8>


<DIV8 N="§ 46.2" NODE="30:1.0.1.5.24.0.1.2" TYPE="SECTION">
<HEAD>§ 46.2   Definitions.</HEAD>
<P>The following definitions apply in this part:
</P>
<P>(a) <I>Act</I> means the Federal Mine Safety and Health Act of 1977.
</P>
<P>(b) <I>Competent person</I> means a person designated by the production-operator or independent contractor who has the ability, training, knowledge, or experience to provide training to miners in his or her area of expertise. The competent person must be able both to effectively communicate the training subject to miners and to evaluate whether the training given to miners is effective.
</P>
<P>(c) <I>Equivalent experience</I> means work experience where the person performed duties similar to duties performed in mining operations at surface mines. Such experience may include, but is not limited to, work as a heavy equipment operator, truck driver, skilled craftsman, or plant operator.
</P>
<P>(d)(1) <I>Experienced miner</I> means:
</P>
<P>(i) A person who is employed as a miner on April 14, 1999;
</P>
<P>(ii) A person who has at least 12 months of cumulative surface mining or equivalent experience on or before October 2, 2000;
</P>
<P>(iii) A person who began employment as a miner after April 14, 1999, but before October 2, 2000, and who has received new miner training under § 48.25 of this chapter or under proposed requirements published April 14, 1999, which are available from the Office of Standards, Regulations, and Variances, MSHA, 200 Constitution Avenue NW, Washington, DC 20210; or,
</P>
<P>(iv) A person employed as a miner on or after October 2, 2000 who has completed 24 hours of new miner training under § 46.5 of this part or under § 48.25 of this title and who has at least 12 cumulative months of surface mining or equivalent experience.
</P>
<P>(2) Once a miner is an experienced miner under this section, the miner will retain that status permanently.
</P>
<P>(e) <I>Independent contractor</I> means any person, partnership, corporation, subsidiary of a corporation, firm, association, or other organization that contracts to perform services at a mine under this part.
</P>
<P>(f) <I>Mine site</I> means an area of the mine where mining operations occur.
</P>
<P>(g)(1) <I>Miner</I> means:
</P>
<P>(i) Any person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. This definition includes independent contractors and employees of independent contractors who are engaged in mining operations; and
</P>
<P>(ii) Any construction worker who is exposed to hazards of mining operations.
</P>
<P>(2) The definition of “miner” does not include scientific workers; delivery workers; customers (including commercial over-the-road truck drivers); vendors; or visitors. This definition also does not include maintenance or service workers who do not work at a mine site for frequent or extended periods.
</P>
<P>(h) <I>Mining operations</I> means mine development, drilling, blasting, extraction, milling, crushing, screening, or sizing of minerals at a mine; maintenance and repair of mining equipment; and associated haulage of materials within the mine from these activities.
</P>
<P>(i) <I>New miner</I> means a person who is beginning employment as a miner with a production-operator or independent contractor and who is not an experienced miner.
</P>
<P>(j) <I>Newly hired experienced miner</I> means an experienced miner who is beginning employment with a production-operator or independent contractor. Experienced miners who move from one mine to another, such as drillers and blasters, but who remain employed by the same production-operator or independent contractor are not considered newly hired experienced miners.
</P>
<P>(k) <I>Normal working hours</I> means a period of time during which a miner is otherwise scheduled to work, including the sixth or seventh working day if such a work schedule has been established for a sufficient period of time to be accepted as the common practice of the production-operator or independent contractor, as applicable.
</P>
<P>(l) <I>Operator</I> means any production-operator, or any independent contractor whose employees perform services at a mine.
</P>
<P>(m) <I>Production-operator</I> means any owner, lessee, or other person who operates, controls, or supervises a mine under this part.
</P>
<P>(n) <I>Task</I> means a work assignment or component of a job that requires specific job knowledge or experience.
</P>
<P>(o) <I>We</I> or <I>us</I> means the Mine Safety and Health Administration (MSHA).
</P>
<P>(p) <I>You</I> means production-operators and independent contractors.
</P>
<CITA TYPE="N">[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002; 80 FR 52985, Sept. 2, 2015; 91 FR 9447, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 46.3" NODE="30:1.0.1.5.24.0.1.3" TYPE="SECTION">
<HEAD>§ 46.3   Training plans.</HEAD>
<P>(a) You must develop and implement a written plan, approved by us under either paragraph (b) or (c) of this section, that contains effective programs for training new miners and newly hired experienced miners, training miners for new tasks, annual refresher training, and site-specific hazard awareness training.
</P>
<P>(b) A training plan is considered approved by us if it contains, at a minimum, the following information:
</P>
<P>(1) The name of the production-operator or independent contractor, mine name(s), and MSHA mine identification number(s) or independent contractor identification number(s);
</P>
<P>(2) The name and position of the person designated by you who is responsible for the health and safety training at the mine. This person may be the production-operator or independent contractor;
</P>
<P>(3) A general description of the teaching methods and the course materials that are to be used in the training program, including the subject areas to be covered and the approximate time or range of time to be spent on each subject area.
</P>
<P>(4) A list of the persons and/or organizations who will provide the training, and the subject areas in which each person and/or organization is competent to instruct; and
</P>
<P>(5) The evaluation procedures used to determine the effectiveness of training.
</P>
<P>(c) A plan that does not include the minimum information specified in paragraphs (b)(1) through (b)(5) of this section must be submitted to and approved by the Regional Manager, Educational Field Services Division, or designee, for the region in which the mine is located. You also may voluntarily submit a plan for Regional Manager approval. You must notify miners or their representatives when you submit a plan for Regional Manager approval. Within two weeks of receipt or posting of the plan, miners and their representatives may also request review and approval of the plan by the Regional Manager and must notify the production-operator or independent contractor of such request.
</P>
<P>(d) You must provide the miners' representative, if any, with a copy of the plan at least 2 weeks before the plan is implemented or, if you request MSHA approval of your plan, at least two weeks before you submit the plan to the Regional Manager for approval. At mines where no miners' representative has been designated, you must post a copy of the plan at the mine or provide a copy to each miner at least 2 weeks before you implement the plan or submit it to the Regional Manager for approval.
</P>
<P>(e) Within 2 weeks following the receipt or posting of the training plan under paragraph (d) of this section, miners or their representatives may submit written comments on the plan to you, or to the Regional Manager, as appropriate.
</P>
<P>(f) The Regional Manager must notify you and miners or their representatives in writing of the approval, or status of the approval, of the training plan within 30 calendar days of the date we received the training plan for approval, or within 30 calendar days of the date we received the request by a miner or miners' representative that we approve your plan.
</P>
<P>(g) You must provide the miners' representative, if any, with a copy of the approved plan within one week after approval. At mines where no miners' representative has been designated, you must post a copy of the plan at the mine or provide a copy to each miner within one week after approval.
</P>
<P>(h) If you, miners, or miners' representatives wish to appeal a decision of the Regional Manager, you must send the appeal, in writing, to the Director for Educational Policy and Development, MSHA, 200 Constitution Avenue NW, Washington, DC 20210, within 30 calendar days after notification of the Regional Manager's decision. The Director will issue a final decision of the Agency within 30 calendar days after receipt of the appeal.
</P>
<P>(i) You must make available at the mine a copy of the current training plan for inspection by us and for examination by miners and their representatives. If the training plan is not maintained at the mine, you must have the capability to provide the plan within one business day upon request by us, miners, or their representatives.
</P>
<P>(j) You must comply with the procedures for plan approval under this section whenever the plan undergoes revisions.
</P>
<P>(k) The addresses for the EFS Regional Managers are as follows. Current information on the EFS organization is available on MSHA's Internet Home Page at <I>http://www.msha.gov.</I>
</P>
<EXTRACT>
<HD2>Eastern Regional Manager
</HD2>
<FP-1>Educational Field Services, National Mine Health and Safety Academy, 1301 Airport Road, Beaver, WV 25813-9426, Telephone: (304) 256-3223, FAX: (304) 256-3319, E-mail: <I>EFS__EAST@MSHA.GOV</I>
</FP-1>
<HD2>Western Regional Manager
</HD2>
<FP-1>Educational Field Services, P.O. Box 25367, Denver, CO 80225-0367, Telephone: (303) 231-5434, FAX: (304) 231-5474, E-mail: <I>EFS__WEST@MSHA.GOV</I></FP-1></EXTRACT>
<CITA TYPE="N">[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002; 80 FR 52986, Sept. 2, 2015; 91 FR 9447, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 46.4" NODE="30:1.0.1.5.24.0.1.4" TYPE="SECTION">
<HEAD>§ 46.4   Training plan implementation.</HEAD>
<P>(a) You must ensure that each program, course of instruction, or training session is:
</P>
<P>(1) Conducted in accordance with the written training plan;
</P>
<P>(2) Presented by a competent person; and
</P>
<P>(3) Presented in language understood by the miners who are receiving the training.
</P>
<P>(b) You may conduct your own training programs or may arrange for training to be conducted by: state or federal agencies; associations of production-operators or independent contractors; miners' representatives; consultants; manufacturers' representatives; private associations; educational institutions; or other training providers.
</P>
<P>(c) You may substitute, as applicable, health and safety training required by the Occupational Safety and Health Administration (OSHA), or other federal or state agencies to meet requirements under this part. This training must be relevant to training subjects required in this part. You must document the training in accordance with § 46.9 of this part.
</P>
<P>(d) Training methods may consist of classroom instruction, instruction at the mine, interactive computer-based instruction or other innovative training methods, alternative training technologies, or any combination of training methods.
</P>
<P>(e) Employee health and safety meetings, including informal health and safety talks and instruction, may be credited under this part toward either new miner training, newly hired experienced miner training, or annual refresher training requirements, as appropriate, provided that you document each training session in accordance with § 46.9 of this part. In recording the duration of training, you must include only the portion of the session actually spent in training.


</P>
</DIV8>


<DIV8 N="§ 46.5" NODE="30:1.0.1.5.24.0.1.5" TYPE="SECTION">
<HEAD>§ 46.5   New miner training.</HEAD>
<P>(a) Except as provided in paragraphs (f) and (g) of this section, you must provide each new miner with no less than 24 hours of training as prescribed by paragraphs (b), (c), and (d). Miners who have not yet received the full 24 hours of new miner training must work where an experienced miner can observe that the new miner is performing his or her work in a safe and healthful manner.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Before a new miner begins work at the mine—</TD><TD align="left" class="gpotbl_cell">You must provide the miner with no less than 4 hours of training in the following subjects, which must also address site-specific hazards:
<br/>(1) An introduction to the work environment, including a visit and tour of the mine, or portions of the mine that are representative of the entire mine (walkaround training). The method of mining or operation utilized must be explained and observed;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Instruction on the recognition and avoidance of electrical hazards and other hazards present at the mine, such as traffic patterns and control, mobile equipment (e.g., haul trucks and front-end loaders), and loose or unstable ground conditions;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) A review of the emergency medical procedures, escape and emergency evacuation plans, in effect at the mine, and instruction on the firewarning signals and firefighting procedures;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) Instruction on the health and safety aspects of the tasks to be assigned, including the safe work procedures of such tasks, the mandatory health and safety standards pertinent to such tasks, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(5) Instruction on the statutory rights of miners and their representatives under the Act;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(6) A review and description of the line of authority of supervisors and miners' representatives and the responsibilities of such supervisors and miners' representatives; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(7) An introduction to your rules and procedures for reporting hazards.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) No later than 60 calendar days after a new miner begins work at the mine—</TD><TD align="left" class="gpotbl_cell">You must provide the miner with training in the following subject:
<br/>(1) Instruction and demonstration on the use, care, and maintenance of self-rescue and respiratory devices, if used at the mine; and
<br/>(2) A review of first aid methods.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) No later than 90 calendar days after a new miner begins work at the mine—</TD><TD align="left" class="gpotbl_cell">You must provide the miner with the balance, if any, of the 24 hours of training on any other subjects that promote occupational health and safety for miners at the mine.</TD></TR></TABLE></DIV></DIV>
<P>(e) Practice under the close observation of a competent person may be used to fulfill the requirement for training on the health and safety aspects of an assigned task in paragraph (b)(4) of this section, if hazard recognition training specific to the assigned task is given before the miner performs the task.
</P>
<P>(f) A new miner who has less than 12 cumulative months of surface mining or equivalent experience and has completed new miner training under this section or under § 48.25 of this title within 36 months before beginning work at the mine does not have to repeat new miner training. However, you must provide the miner with training specified in paragraph (b) of this section before the miner begins work at the mine.
</P>
<P>(g) A new miner training course completed under § 48.5 or § 48.25 of this title may be used to satisfy the requirements of paragraphs (a), (b), and (c) of this section, if the course was completed by the miner within 36 months before beginning work at the mine; and the course is relevant to the subjects specified in paragraphs (b) and (c) of this section.
</P>
<CITA TYPE="N">[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 46.6" NODE="30:1.0.1.5.24.0.1.6" TYPE="SECTION">
<HEAD>§ 46.6   Newly hired experienced miner training.</HEAD>
<P>(a) Except as provided in paragraph (f) of this section, you must provide each newly hired experienced miner with training as prescribed by paragraphs (b) and (c).
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Before a newly hired experienced miner begins work at the mine—</TD><TD align="left" class="gpotbl_cell">You must provide the miner with training in the following subjects, which must also address site-specific hazards:
<br/>(1) An introduction to the work environment, including a visit and tour of the mine, or portions of the mine that are representative of the entire mine (walkaround training). The method of mining or operation utilized must be explained and observed;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Instruction on the recognition and avoidance of electrical hazards and other hazards present at the mine, such as traffic patterns and control, mobile equipment (e.g., haul trucks and front-end loaders), and loose or unstable ground conditions;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) A review of the emergency medical procedures, escape and emergency evacuation plans, in effect at the mine, and instruction on the firewarning signals and firefighting procedures;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) Instruction on the health and safety aspects of the tasks to be assigned, including the safe work procedures of such tasks, the mandatory health and safety standards pertinent to such tasks, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(5) Instruction on the statutory rights of miners and their representatives under the Act;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(6) A review and description of the line of authority of supervisors and miners' representatives and the responsibilities of such supervisors and miners' representatives; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(7) An introduction to your rules and procedures for reporting hazards.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) No later than 60 calendar days after a newly hired experienced miner begins work at the mine—</TD><TD align="left" class="gpotbl_cell">You must provide the miner with an instruction and demonstration on the use, care, and maintenance of self-rescue and respiratory devices, if used at the mine.</TD></TR></TABLE></DIV></DIV>
<P>(d) Practice under the close observation of a competent person may be used to fulfill the requirement for training on the health and safety aspects of an assigned task in paragraph (b)(4) of this section, if hazard recognition training specific to the assigned task is given before the miner performs the task.
</P>
<P>(e) In addition to subjects specified in paragraphs (b) and (c) of this section, you may provide training on any other subjects that promote occupational health and safety for miners.
</P>
<P>(f) You are not required to provide a newly hired experienced miner who returns to the same mine, following an absence of 12 months or less, with the training specified in paragraphs (b) and (c) of this section. Instead you must provide such miner with training on any changes at the mine that occurred during the miner's absence that could adversely affect the miner's health or safety. This training must be given before the miner begins work at the mine. If the miner missed any part of annual refresher training under § 46.8 of this part during the absence, you must provide the miner with the missed training no later than 90 calendar days after the miner begins work at the mine.
</P>
<CITA TYPE="N">[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 46.7" NODE="30:1.0.1.5.24.0.1.7" TYPE="SECTION">
<HEAD>§ 46.7   New task training.</HEAD>
<P>(a) You must provide any miner who is reassigned to a new task in which he or she has no previous work experience with training in the health and safety aspects of the task to be assigned, including the safe work procedures of such task, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. This training must be provided before the miner performs the new task. 
</P>
<P>(b) If a change occurs in a miner's assigned task that affects the health and safety risks encountered by the miner, you must provide the miner with training under paragraph (a) of this section that addresses the change.
</P>
<P>(c) You are not required to provide new task training under paragraphs (a) and (b) of this section to miners who have received training in a similar task or who have previous work experience in the task, and who can demonstrate the necessary skills to perform the task in a safe and healthful manner. To determine whether task training under this section is required, you must observe that the miner can perform the task in a safe and healthful manner.
</P>
<P>(d) Practice under the close observation of a competent person may be used to fulfill the requirement for task training under this section, if hazard recognition training specific to the assigned task is given before the miner performs the task.
</P>
<P>(e) Training provided under this section may be credited toward new miner training, as appropriate.
</P>
<CITA TYPE="N">[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 46.8" NODE="30:1.0.1.5.24.0.1.8" TYPE="SECTION">
<HEAD>§ 46.8   Annual refresher training.</HEAD>
<P>(a) You must provide each miner with no less than 8 hours of annual refresher training—
</P>
<P>(1) No later than 12 months after the miner begins work at the mine, or no later than March 30, 2001, whichever is later; and
</P>
<P>(2) Thereafter, no later than 12 months after the previous annual refresher training was completed.
</P>
<P>(b) The refresher training must include instruction on changes at the mine that could adversely affect the miner's health or safety.
</P>
<P>(c) Refresher training must also address other health and safety subjects that are relevant to mining operations at the mine. Recommended subjects include, but are not limited to: applicable health and safety requirements, including mandatory health and safety standards; information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program; transportation controls and communication systems; escape and emergency evacuation plans, firewarning and firefighting; ground conditions and control; traffic patterns and control; working in areas of highwalls; water hazards, pits, and spoil banks; illumination and night work; first aid; electrical hazards; prevention of accidents; health; explosives; and respiratory devices. Training is also recommended on the hazards associated with the equipment that has accounted for the most fatalities and serious injuries at the mines covered by this rule, including: mobile equipment (haulage and service trucks, front-end loaders and tractors); conveyor systems; cranes; crushers; excavators; and dredges. Other recommended subjects include: maintenance and repair (use of hand tools and welding equipment); material handling; fall prevention and protection; and working around moving objects (machine guarding).
</P>
<CITA TYPE="N">[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 42382, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 46.9" NODE="30:1.0.1.5.24.0.1.9" TYPE="SECTION">
<HEAD>§ 46.9   Records of training.</HEAD>
<P>(a) You must record and certify on MSHA Form 5000-23, or on a form that contains the information listed in paragraph (b) of this section, that each miner has received training required under this part.
</P>
<P>(b) The form must include:
</P>
<P>(1) The printed full name of the person trained;
</P>
<P>(2) The type of training, the duration of the training, the date the training was received, the name of the competent person who provided the training:
</P>
<P>(3) The name of the mine or independent contractor, MSHA mine identification number or independent contractor identification number, and location of training (if an institution, the name and address of the institution).
</P>
<P>(4) The statement, “False certification is punishable under § 110(a) and (f) of the Federal Mine Safety and Health Act,” printed in bold letters and in a conspicuous manner; and
</P>
<P>(5) A statement signed by the person designated in the MSHA-approved training plan for the mine as responsible for health and safety training, that states “I certify that the above training has been completed.”
</P>
<P>(c) You must make a record of training under paragraphs (b)(1) through (b)(4) of this section—
</P>
<P>(1) For new miner training under § 46.5, no later than—
</P>
<P>(i) when the miner begins work at the mine as required under § 46.5(b);
</P>
<P>(ii) 60 calendar days after the miner begins work at the mine as required under § 46.5(c); and
</P>
<P>(iii) 90 calendar days after the miner begins work at the mine as required under § 46.5(d), if applicable.
</P>
<P>(2) For newly hired experienced miner training under § 46.6, no later than—
</P>
<P>(i) when the miner begins work at the mine; and
</P>
<P>(ii) 60 calendar days after the miner begins work at the mine.
</P>
<P>(3) Upon completion of new task training under § 46.7;
</P>
<P>(4) After each session of annual refresher training under § 46.8; and
</P>
<P>(5) Upon completion by miners of site-specific hazard awareness training under § 46.11.
</P>
<P>(d) You must ensure that all records of training under paragraphs (c)(1) through (c)(5) of this section are certified under paragraph (b)(5) of this section and a copy provided to the miner—
</P>
<P>(1) Upon completion of the 24 hours of new miner training;
</P>
<P>(2) Upon completion of newly hired experienced miner training;
</P>
<P>(3) At least once every 12 months for new task training, or upon request by the miner, if applicable;
</P>
<P>(4) Upon completion of the 8 hours of annual refresher training; and
</P>
<P>(5) Upon completion by miners of site-specific hazard awareness training.
</P>
<P>(e) False certification that training was completed is punishable under § 110(a) and (f) of the Act.
</P>
<P>(f) When a miner leaves your employ, you must provide each miner with a copy of his or her training records and certificates upon request.
</P>
<P>(g) You must make available at the mine a copy of each miner's training records and certificates for inspection by us and for examination by miners and their representatives. If training certificates are not maintained at the mine, you must be able to provide the certificates upon request by us, miners, or their representatives.
</P>
<P>(h) You must maintain copies of training certificates and training records for each currently employed miner during his or her employment, except records and certificates of annual refresher training under § 46.8, which you must maintain for only two years. You must maintain copies of training certificates and training records for at least 60 calendar days after a miner terminates employment.
</P>
<P>(i) You are not required to make records under this section of site-specific hazard awareness training you provide under § 46.11 of this part to persons who are not miners under § 46.2. However, you must be able to provide evidence to us, upon request, that the training was provided, such as the training materials that are used; copies of written information distributed to persons upon their arrival at the mine; or visitor log books that indicate that training has been provided.


</P>
</DIV8>


<DIV8 N="§ 46.10" NODE="30:1.0.1.5.24.0.1.10" TYPE="SECTION">
<HEAD>§ 46.10   Compensation for training.</HEAD>
<P>(a) Training must be conducted during normal working hours. Persons required to receive training must be paid at a rate of pay that corresponds to the rate of pay they would have received had they been performing their normal work tasks.
</P>
<P>(b) If training is given at a location other than the normal place of work, persons required to receive such training must be compensated for the additional costs, including mileage, meals, and lodging, they may incur in attending such training sessions.


</P>
</DIV8>


<DIV8 N="§ 46.11" NODE="30:1.0.1.5.24.0.1.11" TYPE="SECTION">
<HEAD>§ 46.11   Site-specific hazard awareness training.</HEAD>
<P>(a) You must provide site-specific hazard awareness training before any person specified under this section is exposed to mine hazards.
</P>
<P>(b) You must provide site-specific hazard awareness training, as appropriate, to any person who is not a miner as defined by § 46.2 of this part but is present at a mine site, including:
</P>
<P>(1) Office or staff personnel;
</P>
<P>(2) Scientific workers;
</P>
<P>(3) Delivery workers;
</P>
<P>(4) Customers, including commercial over-the-road truck drivers;
</P>
<P>(5) Construction workers or employees of independent contractors who are not miners under § 46.2 of this part;
</P>
<P>(6) Maintenance or service workers who do not work at the mine site for frequent or extended periods; and
</P>
<P>(7) Vendors or visitors.
</P>
<P>(c) You must provide miners, such as drillers or blasters, who move from one mine to another mine while remaining employed by the same production-operator or independent contractor with site-specific hazard awareness training for each mine.
</P>
<P>(d) Site-specific hazard awareness training is information or instructions on the hazards a person could be exposed to while at the mine, as well as applicable emergency procedures. The training must address site-specific health and safety risks, such as unique geologic or environmental conditions, recognition and avoidance of hazards such as electrical and powered-haulage hazards, traffic patterns and control, and restricted areas; and warning and evacuation signals, evacuation and emergency procedures, or other special safety procedures.
</P>
<P>(e) You may provide site-specific hazard awareness training through the use of written hazard warnings, oral instruction, signs and posted warnings, walkaround training, or other appropriate means that alert persons to site-specific hazards at the mine.
</P>
<P>(f) Site-specific hazard awareness training is not required for any person who is accompanied at all times by an experienced miner who is familiar with hazards specific to the mine site.


</P>
</DIV8>


<DIV8 N="§ 46.12" NODE="30:1.0.1.5.24.0.1.12" TYPE="SECTION">
<HEAD>§ 46.12   Responsibility for independent contractor training.</HEAD>
<P>(a)(1) Each production-operator has primary responsibility for ensuring that site-specific hazard awareness training is given to employees of independent contractors who are required to receive such training under § 46.11 of this part.
</P>
<P>(2) Each production-operator must provide information to each independent contractor who employs a person at the mine on site-specific mine hazards and the obligation of the contractor to comply with our regulations, including the requirements of this part.
</P>
<P>(b)(1) Each independent contractor who employs a miner, as defined in § 46.2, at the mine has primary responsibility for complying with §§ 46.3 through 46.10 of this part, including providing new miner training, newly hired experienced miner training, new task training, and annual refresher training.
</P>
<P>(2) The independent contractor must inform the production-operator of any hazards of which the contractor is aware that may be created by the performance of the contractor's work at the mine.


</P>
</DIV8>

</DIV5>


<DIV5 N="47" NODE="30:1.0.1.5.25" TYPE="PART">
<HEAD>PART 47—HAZARD COMMUNICATION (HazCom) 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 825.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>67 FR 42383, June 21, 2002, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.5.25.1" TYPE="SUBPART">
<HEAD>Subpart A—Purpose, Scope, Applicability, and Initial Miner Training</HEAD>


<DIV8 N="§ 47.1" NODE="30:1.0.1.5.25.1.1.1" TYPE="SECTION">
<HEAD>§ 47.1   Purpose of a HazCom standard; applicability.</HEAD>
<P>The purpose of this part is to reduce injuries and illnesses by ensuring that each operator—
</P>
<P>(a) Identifies the chemicals at the mine,
</P>
<P>(b) Determines which chemicals are hazardous,
</P>
<P>(c) Establishes a HazCom program, and
</P>
<P>(d) Informs each miner who can be exposed, and other on-site operators whose miners can be exposed, about chemical hazards and appropriate protective measures.
</P>
<P>(e) As of September 23, 2002, all mines employing six or more miners are required to comply with this part.
</P>
<P>(f) As of March 21, 2003, all mines employing five or fewer miners are required to comply with this part.


</P>
</DIV8>


<DIV8 N="§ 47.2" NODE="30:1.0.1.5.25.1.1.2" TYPE="SECTION">
<HEAD>§ 47.2   Operators and chemicals covered; initial miner training.</HEAD>
<P>(a) This part applies to any operator producing or using a hazardous chemical to which a miner can be exposed under normal conditions of use or in a foreseeable emergency. (Subpart J of this part lists exemptions from coverage.)
</P>
<P>(b) Operators of mines which employ six or more miners must instruct each miner with information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program by September 23, 2002. Operators of mines that employ five or fewer miners must instruct each miner with information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program by March 21, 2003.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.5.25.2" TYPE="SUBPART">
<HEAD>Subpart B—Definitions</HEAD>


<DIV8 N="§ 47.11" NODE="30:1.0.1.5.25.2.1.1" TYPE="SECTION">
<HEAD>§ 47.11   Definitions of terms used in this part.</HEAD>
<P>The definitions in Table 47.11 apply in this part as follows:

</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 47.11—Definitions 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Term 
</TH><TH class="gpotbl_colhed" scope="col">Definition for purposes of HazCom 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Access</TD><TD align="left" class="gpotbl_cell">The right to examine and copy records. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Article</TD><TD align="left" class="gpotbl_cell">A manufactured item, other than a fluid or particle, that— 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(1) Is formed to a specific shape or design during manufacture, and 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Has end-use functions dependent on its shape or design. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Chemical</TD><TD align="left" class="gpotbl_cell">Any element, chemical compound, or mixture of these. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Chemical name</TD><TD align="left" class="gpotbl_cell">(1) The scientific designation of a chemical in accordance with the nomenclature system of either the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS), or 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) A name that will clearly identify the chemical for the purpose of conducting a hazard evaluation. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Common name</TD><TD align="left" class="gpotbl_cell">Any designation or identification (such as a code name, code number, trade name, brand name, or generic name) used to identify a chemical other than by its chemical name. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Consumer product</TD><TD align="left" class="gpotbl_cell">A product or component of a product that is packaged, labeled, and distributed in the same form and concentration as it is sold for use by the general public. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Container</TD><TD align="left" class="gpotbl_cell">(1) Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) The following are not considered to be containers for the purpose of compliance with this part: 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Pipes or piping systems; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Conveyors; and 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Engines, fuel tanks, or other operating systems or parts in a vehicle. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Cosmetics and drugs</TD><TD align="left" class="gpotbl_cell">(1) Cosmetics are any article applied to the human body for cleansing, beautifying, promoting attractiveness, or altering appearance. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Drugs are any article used to affect the structure or any function of the body of humans or other animals. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">CPSC</TD><TD align="left" class="gpotbl_cell">The U.S. Consumer Product Safety Commission. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Designated representative</TD><TD align="left" class="gpotbl_cell">(1) Any individual or organization to whom a miner gives written authorization to exercise the miner's rights under this part, or 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) A representative of miners under part 40 of this chapter. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">EPA</TD><TD align="left" class="gpotbl_cell">The U.S. Environmental Protection Agency. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Exposed</TD><TD align="left" class="gpotbl_cell">Subjected, or potentially subjected, to a physical or health hazard in the course of employment. “Subjected,” in terms of health hazards, includes any route of entry, such as through the lungs (inhalation), the stomach (ingestion), or the skin (skin absorption). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Foreseeable emergency</TD><TD align="left" class="gpotbl_cell">Any potential occurrence that could result in an uncontrolled release of a hazardous chemical into the mine. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Hazard warning</TD><TD align="left" class="gpotbl_cell">Any words, pictures, or symbols, appearing on a label or other form of warning, that convey the specific physical and health hazards of the chemical. (<E T="03">See</E> the definitions for <E T="03">physical hazard</E> and <E T="03">health hazard</E> for examples of the hazards that the warning must convey.) 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Hazardous chemical</TD><TD align="left" class="gpotbl_cell">Any chemical that can present a physical or health hazard. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Hazardous substance</TD><TD align="left" class="gpotbl_cell">Regulated by CPSC under the Federal Hazardous Substances Act or EPA under the Comprehensive Environmental Response, Compensation, and Liability Act. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Hazardous waste</TD><TD align="left" class="gpotbl_cell">Chemicals regulated by EPA under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Health hazard</TD><TD align="left" class="gpotbl_cell">A chemical for which there is statistically significant evidence that it can cause acute or chronic health effects in exposed persons. <E T="03">Health hazard</E> includes chemicals which— 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(1) Cause cancer; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Damage the reproductive system or cause birth defects; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) Are irritants, corrosives, or sensitizers; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) Damage the liver; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(5) Damage the kidneys; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(6) Damage the nervous system; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(7) Damage the blood or lymphatic systems; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(8) Damage the stomach or intestines; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(9) Damage the lungs, skin, eyes, or mucous membranes; or 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(10) Are toxic or highly toxic agents. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Health professional</TD><TD align="left" class="gpotbl_cell">A physician, physician's assistant, nurse, emergency medical technician, or other person qualified to provide medical or occupational health services. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Identity</TD><TD align="left" class="gpotbl_cell">A chemical's <E T="03">common name</E> or <E T="03">chemical name.</E> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Label</TD><TD align="left" class="gpotbl_cell">Any written, printed, or graphic material displayed on or affixed to a container to identify its contents and convey other relevant information. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Material safety data sheet (MSDS)</TD><TD align="left" class="gpotbl_cell">Written or printed material concerning a hazardous chemical which— 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(1) An operator prepares in accordance with Table 47.52—Contents of MSDS; or 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) An employer prepares in accordance with 29 CFR 1910.1200, 1915.1200, 1917.28, 1918.90, 1926.59, or 1928.21 (OSHA Hazard Communication regulations); or 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) An independent source prepares which contains equivalent information, such as International Chemical Safety Cards (ICSC) and Workplace Hazardous Material Information Sheets (WHMIS). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Mixture</TD><TD align="left" class="gpotbl_cell">Any combination of two or more chemicals which is not the result of a chemical reaction. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Ordinary consumer use</TD><TD align="left" class="gpotbl_cell">Household, family, school, recreation, or other personal use or enjoyment, as opposed to business use. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">OSHA</TD><TD align="left" class="gpotbl_cell">The Occupational Safety and Health Administration, U.S. Department of Labor. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Physical hazard</TD><TD align="left" class="gpotbl_cell">A chemical for which there is scientifically valid evidence that it is— 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(1) <E T="03">Combustible liquid:</E> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) A liquid having a flash point at or above 100 °F (37.8 °C) and below 200 °F (93.3 °C); or
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) A liquid mixture having components with flashpoints of 200 °F (93.3 °C) or higher, the total volume of which make up 99% or more of the mixture. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) <E T="03">Compressed gas:</E> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) A contained gas or mixture of gases with an absolute pressure exceeding: 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(A) 40 psi (276 kPa) at 70 °F (21.1 °C); or 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(B) 104 psi (717 kPa) at 130 °F (54.4 °C) regardless of pressure at 70 °F. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) A liquid having a vapor pressure exceeding 40 psi (276 kPa) at 100 °F (37.8 °C) as determined by ASTM D-323-82. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) <E T="03">Explosive:</E> A chemical that undergoes a rapid chemical change causing a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) <E T="03">Flammable:</E> A chemical that will readily ignite and, when ignited, will burn persistently at ambient temperature and pressure in the normal concentration of oxygen in the air. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(5) <E T="03">Organic peroxide:</E> An explosive, shock sensitive, organic compound or an oxide that contains a high proportion of oxygen-superoxide. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(6) <E T="03">Oxidizer:</E> A chemical, other than an explosive, that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(7) <E T="03">Pyrophoric:</E> Capable of igniting spontaneously in air at a temperature of 130 °F (54.4 °C) or below. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(8) <E T="03">Unstable (reactive):</E> A chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or become self-reactive under conditions of shock, pressure, or temperature. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(9) <E T="03">Water-reactive:</E> A chemical that reacts with water to release a gas that is either flammable or a health hazard. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Produce</TD><TD align="left" class="gpotbl_cell">To manufacture, process, formulate, generate, or repackage. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Raw material</TD><TD align="left" class="gpotbl_cell">Ore, valuable minerals, worthless material or gangue, overburden, or a combination of these, that is removed from natural deposits by mining or is upgraded through milling. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Trade secret</TD><TD align="left" class="gpotbl_cell">Any confidential formula, pattern, process, device, information, or compilation of information that is used by the operator and that gives the operator an opportunity to obtain an advantage over competitors who do not know about it or use it. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Use</TD><TD align="left" class="gpotbl_cell">To package, handle, react, or transfer. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Work area</TD><TD align="left" class="gpotbl_cell">Any place in or about a mine where a miner works.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]





</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.5.25.3" TYPE="SUBPART">
<HEAD>Subpart C—Hazard Determination</HEAD>


<DIV8 N="§ 47.21" NODE="30:1.0.1.5.25.3.1.1" TYPE="SECTION">
<HEAD>§ 47.21   Identifying hazardous chemicals.</HEAD>
<P>The operator must evaluate each chemical brought on mine property and each chemical produced on mine property to determine if it is hazardous as specified in Table 47.21 as follows: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 47.21—Identifying Hazardous Chemicals 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Category 
</TH><TH class="gpotbl_colhed" scope="col">Basis for determining if a chemical is hazardous 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Chemical brought to the mine</TD><TD align="left" class="gpotbl_cell">The chemical is hazardous when its MSDS or container label indicates it is a physical or health hazard; or the operator may choose to evaluate the chemical using the criteria in paragraphs (b) and (c) of this table. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Chemical produced at the mine</TD><TD align="left" class="gpotbl_cell">The chemical is hazardous if any one of the following that it is a hazard: 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(1) Available evidence concerning its physical or health hazards. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) MSHA standards in 30 CFR chapter I. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) Occupational Safety and Health Administration (OSHA), 29 CFR part 1910, subpart Z, <E T="03">Toxic and Hazardous Substances.</E> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) American Conference of Governmental Industrial Hygienists (ACGIH), <E T="03">Threshold Limit Values and Biological Exposure Indices</E> (2001). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(5) U.S. Department of Health and Human Services, National Toxicology Program (NTP), <E T="03">Ninth Annual Report on Carcinogens,</E> January 2001. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(6) International Agency for Research on Cancer (IARC), Monographs and related supplements, Volumes 1 through 77. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Mixture produced at the mine</TD><TD align="left" class="gpotbl_cell">(1) If a mixture has been tested as a whole to determine its hazards, use the results of that testing. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) If a mixture has not been tested as a whole to determine its hazards— 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Use available, scientifically valid evidence to determine its physical hazard potential; 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Assume that it presents the same health hazard as a non-carcinogenic component that makes up 1% or more (by weight or volume) of the mixture; and 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Assume that it presents a carcinogenic health hazard if a component considered carcinogenic by NTP or IARC makes up 0.1% or more (by weight or volume) of the mixture. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) If evidence indicates that a component could be released from a mixture in a concentration that could present a health risk to miners, assume that the mixture presents the same hazard.</TD></TR></TABLE></DIV></DIV>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.5.25.4" TYPE="SUBPART">
<HEAD>Subpart D—HazCom Program</HEAD>


<DIV8 N="§ 47.31" NODE="30:1.0.1.5.25.4.1.1" TYPE="SECTION">
<HEAD>§ 47.31   Requirement for a HazCom program.</HEAD>
<P>Each operator must— 
</P>
<P>(a) Develop and implement a written HazCom program, 
</P>
<P>(b) Maintain it for as long as a hazardous chemical is known to be at the mine, and 
</P>
<P>(c) Share relevant HazCom information with other on-site operators whose miners can be affected. 


</P>
</DIV8>


<DIV8 N="§ 47.32" NODE="30:1.0.1.5.25.4.1.2" TYPE="SECTION">
<HEAD>§ 47.32   HazCom program contents.</HEAD>
<P>The HazCom program must include the following: 
</P>
<P>(a) How this part is put into practice at the mine through the use of—
</P>
<P>(1) Hazard determination, 
</P>
<P>(2) Labels and other forms of warning, 
</P>
<P>(3) Material safety data sheets (MSDSs), and 
</P>
<P>(4) Miner training. 
</P>
<P>(b) A list or other record identifying all hazardous chemicals known to be at the mine. The list must— 
</P>
<P>(1) Use a chemical identity that permits cross-referencing between the list, a chemical's label, and its MSDS; and 
</P>
<P>(2) Be compiled for the whole mine or by individual work areas. 
</P>
<P>(c) At mines with more than one operator, the methods for— 
</P>
<P>(1) Providing other operators with access to MSDSs, and 
</P>
<P>(2) Informing other operators about— 
</P>
<P>(i) Hazardous chemicals to which their miners can be exposed, 
</P>
<P>(ii) The labeling system on the containers of these chemicals, and 
</P>
<P>(iii) Appropriate protective measures. 
</P>
<CITA TYPE="N">[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.5.25.5" TYPE="SUBPART">
<HEAD>Subpart E—Container Labels and Other Forms of Warning</HEAD>


<DIV8 N="§ 47.41" NODE="30:1.0.1.5.25.5.1.1" TYPE="SECTION">
<HEAD>§ 47.41   Requirement for container labels.</HEAD>
<P>(a) The operator must ensure that each container of a hazardous chemical has a label. If a container is tagged or marked with the appropriate information, it is labeled. 
</P>
<P>(1) The operator must replace a container label immediately if it is missing or if the hazard information on the label is unreadable. 
</P>
<P>(2) The operator must not remove or deface existing labels on containers of hazardous chemicals. 
</P>
<P>(b) For each hazardous chemical produced at the mine, the operator must prepare a container label and update this label with any significant, new information about the chemical's hazards within 3 months of becoming aware of this information. 
</P>
<P>(c) For each hazardous chemical brought to the mine, the operator must replace an outdated label when a revised label is received from the chemical's manufacturer or supplier. The operator is not responsible for an inaccurate label obtained from the chemical's manufacturer or supplier. 


</P>
</DIV8>


<DIV8 N="§ 47.42" NODE="30:1.0.1.5.25.5.1.2" TYPE="SECTION">
<HEAD>§ 47.42   Label contents.</HEAD>
<P>When an operator must make a label, the label must— 
</P>
<P>(a) Be prominently displayed, legible, accurate, and in English; 
</P>
<P>(b) Display appropriate hazard warnings; 
</P>
<P>(c) Use a chemical identity that permits cross-referencing between the list of hazardous chemicals, a chemical's label, and its MSDS; and 
</P>
<P>(d) Include on labels for customers, the name and address of the operator or another responsible party who can provide additional information about the hazardous chemical. 
</P>
<CITA TYPE="N">[67 FR 42383, June 21, 2002; 67 FR 63255, Oct. 11, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 47.43" NODE="30:1.0.1.5.25.5.1.3" TYPE="SECTION">
<HEAD>§ 47.43   Label alternatives.</HEAD>
<P>The operator may use signs, placards, process sheets, batch tickets, operating procedures, or other label alternatives for individual, stationary process containers, provided that the alternative— 
</P>
<P>(a) Identifies the container to which it applies, 
</P>
<P>(b) Communicates the same information as required on the label, and 
</P>
<P>(c) Is readily available throughout each work shift to miners in the work area. 


</P>
</DIV8>


<DIV8 N="§ 47.44" NODE="30:1.0.1.5.25.5.1.4" TYPE="SECTION">
<HEAD>§ 47.44   Temporary, portable containers.</HEAD>
<P>(a) The operator does not have to label a temporary, portable container if he or she ensures that the miner using the portable container— 
</P>
<P>(1) Knows the identity of the chemical, its hazards, and any protective measures needed, and 
</P>
<P>(2) Leaves the container empty at the end of the shift. 
</P>
<P>(b) Otherwise, the operator must mark the temporary, portable container with at least the common name of its contents.


</P>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.5.25.6" TYPE="SUBPART">
<HEAD>Subpart F—Material Safety Data Sheets (MSDS)</HEAD>


<DIV8 N="§ 47.51" NODE="30:1.0.1.5.25.6.1.1" TYPE="SECTION">
<HEAD>§ 47.51   Requirement for an MSDS.</HEAD>
<P>Operators must have an MSDS for each hazardous chemical which they produce or use. The MSDS may be in any medium, such as paper or electronic, that does not restrict availability. 
</P>
<P>(a) For each hazardous chemical produced at the mine, the operator must prepare an MSDS, and update it with significant, new information about the chemical's hazards or protective measures within 3 months of becoming aware of this information. 
</P>
<P>(b) For each hazardous chemical brought to the mine, the operator must rely on the MSDS received from the chemical manufacturer or supplier, develop their own MSDS, or obtain one from another source. 
</P>
<P>(c) Although the operator is not responsible for an inaccurate MSDS obtained from the chemical's manufacturer, supplier, or other source, the operator must— 
</P>
<P>(1) Replace an outdated MSDS upon receipt of an updated revision, and 
</P>
<P>(2) Obtain an accurate MSDS as soon as possible after becoming aware of an inaccuracy. 
</P>
<P>(d) The operator is not required to prepare an MSDS for an intermediate chemical or by-product resulting from mining or milling if its hazards are already addressed on the MSDS of the source chemical. 


</P>
</DIV8>


<DIV8 N="§ 47.52" NODE="30:1.0.1.5.25.6.1.2" TYPE="SECTION">
<HEAD>§ 47.52   MSDS contents.</HEAD>
<P>When an operator must prepare an MSDS for a hazardous chemical produced at the mine, the MSDS must— 
</P>
<P>(a) Be legible, accurate, and in English; 
</P>
<P>(b) Use a chemical identity that permits cross-referencing between the list of hazardous chemicals, the chemical's label, and its MSDS; and 
</P>
<P>(c) Contain information, or indicate if no information is available, for the categories listed in Table 47.52 as follows: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 47.52—Contents of MSDS 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Category 
</TH><TH class="gpotbl_colhed" scope="col">Requirements, descriptions, and exceptions 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Identity</TD><TD align="left" class="gpotbl_cell">The identity of the chemical or, if the chemical is a mixture, the identities of all hazardous ingredients. <E T="03">See</E> § 47.21 (Identifying hazardous chemicals).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Properties</TD><TD align="left" class="gpotbl_cell">The physical and chemical characteristics of the chemical, such as vapor pressure and solubility in water.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Physical</TD><TD align="left" class="gpotbl_cell">The physical hazards of the chemical including the potential for fire, explosion, and reactivity.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Health hazards</TD><TD align="left" class="gpotbl_cell">The health hazards of the chemical including—
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Signs and symptoms of exposure,
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Any medical conditions which are generally recognized as being aggravated by exposure to the chemical, and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) The primary routes of entry for the chemical, such as lungs, stomach, or skin.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Exposure limits</TD><TD align="left" class="gpotbl_cell">For the chemical or the ingredients of a mixture—
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) The MSHA or OSHA permissible limit, if there is one, and 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Any other exposure limit recommended by the preparer of the MSDS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Carcinogenicity</TD><TD align="left" class="gpotbl_cell">Whether the chemical or an ingredient in the mixture is a carcinogen or potential carcinogen. See the sources specified in § 47.21 (Identifying hazardous chemicals).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Safe use</TD><TD align="left" class="gpotbl_cell">Precautions for safe handling and use including—
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Appropriate hygienic practices, 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Protective measures during repair and maintenance of contaminated equipment, and 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Procedures for clean-up of spills and leaks.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Control measures</TD><TD align="left" class="gpotbl_cell">Generally applicable control measures such as engineering controls, work practices, and personal protective equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Emergency information</TD><TD align="left" class="gpotbl_cell">(i) Emergency medical and first-aid procedures; and 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) The name, address, and telephone number of the operator or other responsible party who can provide additional information on the hazardous chemical and appropriate emergency procedures.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Date prepared</TD><TD align="left" class="gpotbl_cell">The date the MSDS was prepared or last changed.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[67 FR 42383, June 21, 2002; 67 FR 57635, Sept. 11, 2002]



</CITA>
</DIV8>


<DIV8 N="§ 47.53" NODE="30:1.0.1.5.25.6.1.3" TYPE="SECTION">
<HEAD>§ 47.53   Alternative for hazardous waste.</HEAD>
<P>If the mine produces or uses hazardous waste, the operator must provide potentially exposed miners and designated representatives access to available information for the hazardous waste that—
</P>
<P>(a) Identifies its hazardous chemical components,
</P>
<P>(b) Describes its physical or health hazards, or
</P>
<P>(c) Specifies appropriate protective measures.


</P>
</DIV8>


<DIV8 N="§ 47.54" NODE="30:1.0.1.5.25.6.1.4" TYPE="SECTION">
<HEAD>§ 47.54   Availability of an MSDS.</HEAD>
<P>The operator must make MSDSs accessible to miners during each work shift for each hazardous chemical to which they may be exposed either—
</P>
<P>(a) At each work area where the hazardous chemical is produced or used, or
</P>
<P>(b) At an alternative location, provided that the MSDS is readily available to miners in an emergency.


</P>
</DIV8>


<DIV8 N="§ 47.55" NODE="30:1.0.1.5.25.6.1.5" TYPE="SECTION">
<HEAD>§ 47.55   Retaining an MSDS.</HEAD>
<P>The operator must—
</P>
<P>(a) Retain its MSDS for as long as the hazardous chemical is known to be at the mine, and
</P>
<P>(b) Notify miners at least 3 months before disposing of the MSDS.


</P>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:1.0.1.5.25.7" TYPE="SUBPART">
<HEAD>Subpart G [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:1.0.1.5.25.8" TYPE="SUBPART">
<HEAD>Subpart H—Making HazCom Information Available</HEAD>


<DIV8 N="§ 47.71" NODE="30:1.0.1.5.25.8.1.1" TYPE="SECTION">
<HEAD>§ 47.71   Access to HazCom materials.</HEAD>
<P>Upon request, the operator must provide access to all HazCom materials required by this part to miners and designated representatives, except as provided in § 47.81 through § 47.87 (provisions for trade secrets).


</P>
</DIV8>


<DIV8 N="§ 47.72" NODE="30:1.0.1.5.25.8.1.2" TYPE="SECTION">
<HEAD>§ 47.72   Cost for copies.</HEAD>
<P>(a) The operator must provide the first copy and each revision of the HazCom material without cost. 
</P>
<P>(b) Fees for a subsequent copy of the HazCom material must be non-discriminatory and reasonable. 


</P>
</DIV8>


<DIV8 N="§ 47.73" NODE="30:1.0.1.5.25.8.1.3" TYPE="SECTION">
<HEAD>§ 47.73   Providing labels and MSDSs to customers.</HEAD>
<P>For a hazardous chemical produced at the mine, the operator must provide customers, upon request, with the chemical's label or a copy of the label information, and the chemical's MSDS. 


</P>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:1.0.1.5.25.9" TYPE="SUBPART">
<HEAD>Subpart I—Trade Secret Hazardous Chemical</HEAD>


<DIV8 N="§ 47.81" NODE="30:1.0.1.5.25.9.1.1" TYPE="SECTION">
<HEAD>§ 47.81   Provisions for withholding trade secrets.</HEAD>
<P>(a) Operators may withhold the identity of a trade secret chemical, including the name and other specific identification, from the written list of hazardous chemicals, the label, and the MSDS, provided that the operator— 
</P>
<P>(1) Can support the claim that the chemical's identity is a trade secret,
</P>
<P>(2) Identifies the chemical in a way that it can be referred to without disclosing the secret, 
</P>
<P>(3) Indicates in the MSDS that the chemical's identity is withheld as a trade secret, and 
</P>
<P>(4) Discloses in the MSDS information on the properties and effects of the hazardous chemical. 
</P>
<P>(b) The operator must make the chemical's identity available to miners, designated representatives, and health professionals in accordance with the provisions of this subpart. 
</P>
<P>(c) This subpart does not require the operator to disclose process or percentage of mixture information, which is a trade secret, under any circumstances. 


</P>
</DIV8>


<DIV8 N="§ 47.82" NODE="30:1.0.1.5.25.9.1.2" TYPE="SECTION">
<HEAD>§ 47.82   Disclosure of information to MSHA.</HEAD>
<P>(a) Even if the operator has a trade secret claim, the operator must disclose to MSHA, upon request, any information which this subpart requires the operator to make available. 
</P>
<P>(b) The operator must make a trade secret claim, no later than at the time the information is provided to MSHA, so that MSHA can determine the trade secret status and implement the necessary protection. 


</P>
</DIV8>


<DIV8 N="§ 47.83" NODE="30:1.0.1.5.25.9.1.3" TYPE="SECTION">
<HEAD>§ 47.83   Disclosure in a medical emergency.</HEAD>
<P>(a) Upon request and regardless of the existence of a written statement of need or a confidentiality agreement, the operator must immediately disclose the identity of a trade secret chemical to the treating health professional when that person determines that— 
</P>
<P>(1) A medical emergency exists, and 
</P>
<P>(2) The identity of the hazardous chemical is necessary for emergency or first-aid treatment. 
</P>
<P>(b) The operator may require a written statement of need and confidentiality agreement in accordance with the provisions of § 47.84 and § 47.85 as soon as circumstances permit. 


</P>
</DIV8>


<DIV8 N="§ 47.84" NODE="30:1.0.1.5.25.9.1.4" TYPE="SECTION">
<HEAD>§ 47.84   Non-emergency disclosure.</HEAD>
<P>Upon request, the operator must disclose the identity of a trade secret chemical in a non-emergency situation to an exposed miner, the miner's designated representative, or a health professional providing services to the miner, if the following conditions are met. 
</P>
<P>(a) The request is in writing. 
</P>
<P>(b) The request describes in reasonable detail an occupational health need for the information, as follows: 
</P>
<P>(1) To assess the chemical hazards to which the miner will be exposed. 
</P>
<P>(2) To conduct or assess health sampling to determine the miner's exposure levels. 
</P>
<P>(3) To conduct reassignment or periodic medical surveillance of the exposed miner. 
</P>
<P>(4) To provide medical treatment to the exposed miner. 
</P>
<P>(5) To select or assess appropriate personal protective equipment for the exposed miner. 
</P>
<P>(6) To design or assess engineering controls or other protective measures for the exposed miner. 
</P>
<P>(7) To conduct studies to determine the health effects of exposure. 
</P>
<P>(c) The request explains in detail why the disclosure of the following information would not satisfy the purpose described in paragraph (b) of this section: 
</P>
<P>(1) The properties and effects of the chemical. 
</P>
<P>(2) Measures for controlling the miner's exposure to the chemical. 
</P>
<P>(3) Methods of monitoring and analyzing the miner's exposure to the chemical. 
</P>
<P>(4) Methods of diagnosing and treating harmful exposures to the chemical. 
</P>
<P>(d) The request describes the procedures to be used to maintain the confidentiality of the disclosed information. 
</P>
<P>(e) The person making the request enters a written confidentiality agreement that he or she will not use the information for any purpose other than the health needs asserted and agrees not to release the information under any circumstances, except as authorized by § 47.85, by the terms of the agreement, or by the operator.


</P>
</DIV8>


<DIV8 N="§ 47.85" NODE="30:1.0.1.5.25.9.1.5" TYPE="SECTION">
<HEAD>§ 47.85   Confidentiality agreement and remedies.</HEAD>
<P>(a) The confidentiality agreement authorized by § 47.84— 
</P>
<P>(1) May restrict the use of the trade secret chemical identity to the health purposes indicated in the written statement of need; 
</P>
<P>(2) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; 
</P>
<P>(3) Must allow the exposed miner, the miner's designated representative, or the health professional to disclose the trade secret chemical identity to MSHA; 
</P>
<P>(4) May provide that the exposed miner, the miner's designated representative, or the health professional inform the operator who provided the trade secret chemical identity prior to or at the same time as its disclosure to MSHA; and 
</P>
<P>(5) May not include requirements for the posting of a penalty bond. 
</P>
<P>(b) Nothing in this subpart precludes the parties from pursuing non-contractual remedies to the extent permitted by law. 


</P>
</DIV8>


<DIV8 N="§ 47.86" NODE="30:1.0.1.5.25.9.1.6" TYPE="SECTION">
<HEAD>§ 47.86   Denial of a written request for disclosure.</HEAD>
<P>To deny a written request for disclosure of the identity of a trade secret chemical, the operator must— 
</P>
<P>(a) Put the denial in writing, 
</P>
<P>(1) Including evidence to substantiate the claim that the chemical's identity is a trade secret, 
</P>
<P>(2) Stating the specific reasons why the request is being denied, and 
</P>
<P>(3) Explaining how alternative information will satisfy the specific medical or occupational health need without revealing the chemical's identity. 
</P>
<P>(b) Provide the denial to the health professional, miner, or designated representative within 30 days of the request. 


</P>
</DIV8>


<DIV8 N="§ 47.87" NODE="30:1.0.1.5.25.9.1.7" TYPE="SECTION">
<HEAD>§ 47.87   Review of denial.</HEAD>
<P>(a) The health professional, miner, or designated representative may refer the written denial to MSHA for review. The request for review must include a copy of— 
</P>
<P>(1) The request for disclosure of the identity of the trade secret chemical, 
</P>
<P>(2) The confidentiality agreement, and 
</P>
<P>(3) The operator's written denial. 
</P>
<P>(b) If MSHA determines that the identity of the trade secret chemical should have been disclosed, the operator will be subject to citation by MSHA.
</P>
<P>(c) If MSHA determines that the confidentiality agreement would not sufficiently protect against unauthorized disclosure of the trade secret, MSHA may impose additional conditions to ensure that the occupational health services are provided without an undue risk of harm to the operator. 
</P>
<P>(d) If the operator contests a citation for a failure to release the identity of a trade secret chemical, the matter will be adjudicated by the Federal Mine Safety and Health Review Commission. The Administrative Law Judge may review the citation and supporting documentation “in camera” or issue appropriate orders to protect the trade secret. 


</P>
</DIV8>

</DIV6>


<DIV6 N="J" NODE="30:1.0.1.5.25.10" TYPE="SUBPART">
<HEAD>Subpart J—Exemptions</HEAD>


<DIV8 N="§ 47.91" NODE="30:1.0.1.5.25.10.1.1" TYPE="SECTION">
<HEAD>§ 47.91   Exemptions from the HazCom standard.</HEAD>
<P>A hazardous chemical is exempt from this part under the conditions described in Table 47.91 as follows: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 47.91—Chemicals and Products Exempt from this HazCom Standard 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Exemption 
</TH><TH class="gpotbl_colhed" scope="col">Conditions for exemption 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Article</TD><TD align="left" class="gpotbl_cell">If, under normal conditions of use, it— 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(1) Releases no more than insignificant amounts of a hazardous chemical, and 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Poses no physical or health risk to exposed miners. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Biological hazards</TD><TD align="left" class="gpotbl_cell">All biological hazards, such as poisonous plants, insects, and micro-organisms. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Consumer product or hazardous substance regulated by CPSC</TD><TD align="left" class="gpotbl_cell">(1) If the miner uses it for the purpose the manufacturer intended; and 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Such use does not expose the miner more often and for longer periods than <E T="03">ordinary consumer use.</E> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Cosmetics, drugs, food, food additive, color additive, drinks, alcoholic beverages, tobacco and tobacco products, or medical or veterinary device or product, including materials intended for use as ingredients in such products (such as flavors and fragrances)</TD><TD align="left" class="gpotbl_cell">When intended for personal consumption or use. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Radiation</TD><TD align="left" class="gpotbl_cell">All ionizing or non-ionizing radiation, such as alpha or gamma, microwaves, or x-rays. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Wood or wood products, including lumber</TD><TD align="left" class="gpotbl_cell">If they do not release or otherwise result in exposure to a hazardous chemical under normal conditions of use. For example, wood is not exempt if it is treated with a hazardous chemical or if it will be subsequently cut or sanded.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 47.92" NODE="30:1.0.1.5.25.10.1.2" TYPE="SECTION">
<HEAD>§ 47.92   Exemptions from labeling.</HEAD>
<P>A hazardous chemical is exempt from subpart E of this part under the conditions described in Table 47.92 as follows: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 47.92—Hazardous Chemicals Exempt from Labeling 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Exemption 
</TH><TH class="gpotbl_colhed" scope="col">Conditions for exemption 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Chemical substance, consumer product, hazardous substance, or pesticide</TD><TD align="left" class="gpotbl_cell">When kept in its manufacturer's or supplier's original packaging labeled under other federal labeling requirements. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Hazardous substance</TD><TD align="left" class="gpotbl_cell">When the subject of remedial or removal action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in accordance with EPA regulations. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Hazardous waste</TD><TD align="left" class="gpotbl_cell">When regulated by EPA under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Raw material being mined or processed</TD><TD align="left" class="gpotbl_cell">While on mine property, except when the container holds a mixture of the raw material and another hazardous chemical and the mixture is found to be hazardous under § 47.21—Identifying hazardous chemicals. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Wood or wood products, including lumber</TD><TD align="left" class="gpotbl_cell">Wood or wood products are always exempt from labeling.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[67 FR 42383, June 21, 2002; 67 FR 42366, Sept. 11, 2002; 67 FR 63255, Oct. 11, 2002]



</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="48" NODE="30:1.0.1.5.26" TYPE="PART">
<HEAD>PART 48—TRAINING AND RETRAINING OF MINERS 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 825.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>43 FR 47459, Oct. 13, 1978, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.5.26.1" TYPE="SUBPART">
<HEAD>Subpart A—Training and Retraining of Underground Miners</HEAD>


<DIV8 N="§ 48.1" NODE="30:1.0.1.5.26.1.1.1" TYPE="SECTION">
<HEAD>§ 48.1   Scope.</HEAD>
<P>The provisions of this subpart A set forth the mandatory requirements for submitting and obtaining approval of programs for training and retraining miners working in underground mines. Requirements regarding compensation for training and retraining are also included. The requirements for training and retraining miners working at surface mines and surface areas of underground mines are set forth in subpart B of this part.


</P>
</DIV8>


<DIV8 N="§ 48.2" NODE="30:1.0.1.5.26.1.1.2" TYPE="SECTION">
<HEAD>§ 48.2   Definitions.</HEAD>
<P>For the purposes of this subpart A—
</P>
<P>(a)(1) <I>Miner</I> means, for purposes of §§ 48.3 through 48.10 of this subpart A, any person working in an underground mine and who is engaged in the extraction and production process, or engaged in shaft or slope construction, or who is regularly exposed to mine hazards, or who is a maintenance or service worker employed by the operator or a maintenance or service worker contracted by the operator to work at the mine for frequent or extended periods. This definition shall include the operator if the operator works underground on a continuing, even if irregular basis. Short-term, specialized contract workers, such as drillers and blasters, who are engaged in the extraction and production process or engaged in shaft or slope construction and who have received training under § 48.6 (Experienced miner training) of this subpart A may, in lieu of subsequent training under that section for each new employment, receive training under § 48.11 (Hazard training) of this subpart A. This definition does not include:
</P>
<P>(i) Workers under subpart C of this part 48, engaged in the construction of major additions to an existing mine which requires the mine to cease operations;
</P>
<P>(ii) Any person covered under paragraph (a)(2) of this section.
</P>
<P>(2) <I>Miner</I> means, for purposes of § 48.11 (Hazard training) of this subpart A, any person working in an underground mine, including any delivery, office, or scientific worker or occasional, short-term maintenance or service worker contracted by the operator, and any student engaged in academic projects involving his or her extended presence at the mine. This definition excludes persons covered under paragraph (a)(1) of this section and subpart C of this part.
</P>
<P>(b) <I>Experienced miner</I> means:
</P>
<P>(1) A miner who has completed MSHA-approved new miner training for underground miners or training acceptable to MSHA from a State agency and who has had at least 12 months of underground mining experience; or
</P>
<P>(2) A supervisor who is certified under an MSHA-approved State certification program and who is employed as an underground supervisor on October 6, 1998; or
</P>
<P>(3) An experienced underground miner on February 3, 1999.
</P>
<P>(4)(i) A person employed as an underground shaft or slope construction worker on June 28, 2006; or
</P>
<P>(ii) A person who has six months of underground shaft or slope experience within 24 months before June 28, 2006.
</P>
<P>(c) <I>New miner</I> means a miner who is not an experienced miner.
</P>
<P>(d) <I>Normal working hours</I> means a period of time during which a miner is otherwise scheduled to work. This definition does not preclude scheduling training classes on the sixth or seventh working day if such a work schedule has been established for a sufficient period of time to be accepted as the operator's common practice. Miners shall be paid at a rate of pay which shall correspond to the rate of pay they would have received had they been performing their normal work tasks.
</P>
<P>(e) <I>Operator</I> means any owner, lessee, or other person who operates, controls or supervises an underground mine; or any independent contractor identified as an operator performing services or construction at such mine.
</P>
<P>(f) <I>Task</I> means a work assignment that includes duties of a job that occur on a regular basis and which requires physical abilities and job knowledge.
</P>
<P>(g) <I>Act</I> means the Federal Mine Safety and Health Act of 1977.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 63 FR 53759, Oct. 6, 1998; 70 FR 77727, Dec. 30, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 48.3" NODE="30:1.0.1.5.26.1.1.3" TYPE="SECTION">
<HEAD>§ 48.3   Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval of instructors.</HEAD>
<P>(a) Except as provided in paragraphs (o) and (p) of this section, each operator of an underground mine shall have an MSHA approved plan containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:
</P>
<P>(1) In the case of an underground mine which is operating on the effective date of this subpart A, the operator of the mine shall submit such plan for approval within 90 days after the effective date of this subpart A.
</P>
<P>(2) Within 60 days after the operator submits the plan for approval, unless extended by MSHA, the operator shall have an approved plan for the mine.
</P>
<P>(3) In the case of a new underground mine which is to be opened or a mine which is to be reopened or reactivated after the effective date of this subpart A, the operator shall have an approved plan prior to opening the new mine, or reopening or reactivating the mine. 
</P>
<P>(b) The training plan shall be filed with the District Manager for the area in which the mine is located.
</P>
<P>(c) Each operator shall submit to the District Manager the following information:
</P>
<P>(1) The company name, mine name, and MSHA identification number of the mine.
</P>
<P>(2) The name and position of the person designated by the operator who is responsible for health and safety training at the mine. This person may be the operator.
</P>
<P>(3) A list of MSHA approved instructors with whom the operator proposes to make arrangements to teach the courses, and the courses each instructor is qualified to teach.
</P>
<P>(4) The location where training will be given for each course.
</P>
<P>(5) A description of the teaching methods and the course materials which are to be used in training.
</P>
<P>(6) The approximate number of miners employed at the mine and the maximum number who will attend each session of training.
</P>
<P>(7) The predicted time or periods of time when regularly scheduled refresher training will be given. This schedule shall include the titles of courses to be taught, the total number of instruction hours for each course, and the predicted time and length of each session of training.
</P>
<P>(8) For the purposes of § 48.7 (New task training of miners) of this subpart A, the operator shall submit:
</P>
<P>(i) A complete list of task assignments to correspond with the definition of “task” in § 48.2 (f) of this subpart A.
</P>
<P>(ii) The titles of personnel conducting the training for this section.
</P>
<P>(iii) The outline of training procedures used in training miners in those work assignments listed according to paragraph (c)(8)(i) of this section.
</P>
<P>(iv) The evaluation procedures used to determine the effectiveness of training under § 48.7 of this subpart A.
</P>
<P>(d) The operator shall furnish to the representative of the miners a copy of the training plan two weeks prior to its submission to the District Manager. Where a miners' representative is not designated, a copy of the plan shall be posted on the mine bulletin board 2 weeks prior to its submission to the District Manager. Written comments received by the operator from miners or their representatives shall be submitted to the District Manager. Miners or their representatives may submit written comments directly to the District Manager.
</P>
<P>(e) All training required by the training plan submitted to and approved by the District Manager as required by this subpart A shall be subject to evaluation by the District Manager to determine the effectiveness of the training programs. If it is deemed necessary, the District Manager may require changes in, or additions to, programs. Upon request from the District Manager the operator shall make available for evaluation the instructional materials, handouts, visual aids and other teaching accessories used or to be used in the training programs. Upon request from the District Manager the operator shall provide information concerning the schedules of upcoming training.
</P>
<P>(f) The operator shall make a copy of the MSHA approved training plan available at the mine site for MSHA inspection and for examination by the miners and their representatives.
</P>
<P>(g) Except as provided in § 48.7 (New task training of miners) and § 48.11 (Hazard training) of this subpart A, all courses shall be conducted by MSHA approved instructors.
</P>
<P>(h) Instructors shall be approved by the District Manager in one or more of the following ways:
</P>
<P>(1) Instructors shall take an instructor's training course conducted by the District Manager or given by persons designated by the District Manager to give such instruction; and instructors shall have satisfactorily completed a program of instruction approved by the Office of Educational Policy and Development, MSHA, in the subject matter to be taught.
</P>
<P>(2) Instructors may be designated by MSHA as approved instructors to teach specific courses based on written evidence of the instructors' qualifications and teaching experience.
</P>
<P>(3) At the discretion of the District Manager, instructors may be designated by MSHA as approved instructors to teach specific courses based on the performance of the instructors while teaching classes monitored by MSHA. Operators shall indicate in the training plans submitted for approval whether they want to have instructors approved based on monitored performance. The District Manager shall consider such factors as the size of the mine, the number of employees, the mine safety record and remoteness from a training facility when determining whether instructor approval based on monitored performance is appropriate.
</P>
<P>(4) On the effective date of this subpart A, cooperative instructors who have been designated by MSHA to teach MSHA approved courses and who have taught such courses within the 24 months prior to the effective date of this subpart shall be considered approved instructors for such courses.
</P>
<P>(i) Instructors may have their approval revoked by MSHA for good cause which may include not teaching a course at least once every 24 months. Before any revocation is effective, the District Manager must send written reasons for revocation to the instructor and the instructor shall be given an opportunity to demonstrate or achieve compliance before the District Manager on the matter. A decision by the District Manager to revoke an instructor's approval may be appealed by the instructor to the Administrator for Coal Mine Safety and Health or Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 200 Constitution Avenue NW, Washington, DC 20210. Such an appeal shall be submitted to the Administrator within 5 days of notification of the District Manager's decision. Upon revocation of an instructor's approval, the District Manager shall immediately notify operators who use the instructor for training. 
</P>
<P>(j) The District Manager for the area in which the mine is located shall notify the operator and the miners' representative, in writing, within 60 days from the date on which the training plan is filed, of the approval or status of the approval of the training programs.
</P>
<P>(1) If revisions are required for approval, or to retain approval thereafter, the revisions required shall be specified to the operator and the miners' representative and the operator and the miners' representative shall be afforded an opportunity to discuss the revisions with the District Manager, or to propose alternate revisions or changes. The District Manager, in consultation with the operator and the representative of the miners, shall fix a time within which the discussion will be held, or alternate revisions or changes submitted, before final approval is made.
</P>
<P>(2) The District Manager may approve separate programs of the training plan and withhold approval of other programs, pending discussion of revisions or submission of alternate revisions or changes.
</P>
<P>(k) Except as provided under § 48.8(c) (Annual refresher training of miners) of this subpart A, the operator shall commence training of miners within 60 days after approval of the training plan, or approved programs of the training plan.
</P>
<P>(l) The operator shall notify the District Manager of the area in which the mine is located, and the miners' representative of any changes or modifications the operator proposes to make in the approved training plan. The operator shall obtain the approval of the District Manager for such changes or modifications.
</P>
<P>(m) In the event the District Manager disapproves a training plan or a proposed modification of a training plan or requires changes in a training plan or modification, the District Manager shall notify the operator and the miners' representative in writing of:
</P>
<P>(1) The specific changes or items of deficiency.
</P>
<P>(2) The action necessary to effect the changes or bring the disapproved training plan or modification into compliance.
</P>
<P>(3) The deadline for completion of remedial action to effect compliance, which shall serve to suspend punitive action under the provisions of sections 104 and 110 of the Act and other related regulations until that established deadline date, except that no such suspension shall take place in imminent danger situations.
</P>
<P>(n) The operator shall post on the mine bulletin board, and provide to the miners' representative, a copy of all MSHA revisions and decisions which concern the training plan at the mine and which are issued by the District Manager.
</P>
<P>(o) Each operator engaged in shaft or slope construction shall have an MSHA-approved training plan, as outlined in this section, containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:
</P>
<P>(1) In the case of an operator engaged in shaft or slope construction on December 30, 2005, the operator shall submit a plan for approval by May 1, 2006, unless extended by MSHA.
</P>
<P>(2) In the case of a new shaft or slope construction operator after June 28, 2006, the operator shall have an approved plan prior to commencing shaft or slope construction.
</P>
<P>(p) Each underground coal operator, who is required to submit a revised program of instruction for 30 CFR 75.1502, shall also submit a revised training plan under this part 48.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9, 1979, as amended at 47 FR 14696, Apr. 6, 1982; 47 FR 23640, May 28, 1982; 47 FR 28095, June 29, 1982; 60 FR 33722, June 29, 1995; 63 FR 53759, Oct. 6, 1998; 67 FR 38384, June 4, 2002; 70 FR 77727, Dec. 30, 2005; 71 FR 12268, Mar. 9, 2006; 71 FR 71451, Dec. 8, 2006; 80 FR 52986, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 48.4" NODE="30:1.0.1.5.26.1.1.4" TYPE="SECTION">
<HEAD>§ 48.4   Cooperative training program.</HEAD>
<P>(a) An operator of a mine may conduct his own training programs, or may participate in training programs conducted by MSHA, or may participate in MSHA approved training programs conducted by State or other Federal agencies, or associations of mine operators, miners' representatives, other mine operators, private associations, or educational institutions.
</P>
<P>(b) Each program and course of instruction shall be given by instructors who have been approved by MSHA to instruct in the courses which are given, and such courses and the training programs shall be adapted to the mining operations and practices existing at the mine and shall be approved by the District Manager for the area in which the mine is located.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 48.5" NODE="30:1.0.1.5.26.1.1.5" TYPE="SECTION">
<HEAD>§ 48.5   Training of new miners; minimum courses of instruction; hours of instruction.</HEAD>
<P>(a) Each new miner shall receive no less than 40 hours of training as prescribed in this section before such miner is assigned to work duties. Such training shall be conducted in conditions which as closely as practicable duplicate actual underground conditions, and approximately 8 hours of training shall be given at the minesite. 
</P>
<P>(b) The training program for new miners shall include the following courses:
</P>
<P>(1) <I>Instruction in the statutory rights of miners and their representatives under the Act; authority and responsibility of supervisors.</I> The course shall include instruction in the statutory rights of miners and their representatives under the Act, including a discussion of section 2 of the Act; a review and description of the line of authority of supervisors and miners' representatives and the responsibilities of such supervisors and miners' representatives; and an introduction to the operator's rules and the procedures for reporting hazards. 
</P>
<P>(2) <I>Self-rescue and respiratory devices.</I> The course shall be given before a new miner goes underground and shall include—
</P>
<P>(i) Instruction and demonstration in the use, care, and maintenance of self-rescue and respiratory devices used at the mine;
</P>
<P>(ii) Hands-on training in the complete donning of all types of self-contained self-rescue devices used at the mine, which includes assuming a donning position, opening the device, activating the device, inserting the mouthpiece, and putting on the nose clip; and
</P>
<P>(iii) Hands-on training in transferring between all applicable self-rescue devices.
</P>
<P>(3) <I>Entering and leaving the mine; transportation; communications.</I> The course shall include instruction on the procedures in effect for entering and leaving the mine; the check-in and checkout system in effect at the mine; the procedures for riding on and in mine conveyances; the controls in effect for the transportation of miners and materials; and the use of the mine communication systems, warning signals, and directional signs.
</P>
<P>(4) <I>Introduction to the work environment.</I> The course shall include a visit and tour of the mine, or portions of the mine which are representative of the entire mine. A method of mining utilized at the mine shall be observed and explained.
</P>
<P>(5) <I>Mine map; escapeways; emergency evacuation; barricading.</I> The program of instruction for mine emergency evacuation and firefighting approved by the District Manager under 30 CFR 75.1502 or the escape and evacuation plan under 30 CFR 57.11053, as applicable, shall be used for this course. The course shall include—
</P>
<P>(i) A review of the mine map; the escapeway system; the escape, firefighting, and emergency evacuation plans in effect at the mine; and the location of abandoned areas; and
</P>
<P>(ii) An introduction to the methods of barricading and the locations of the barricading materials, where applicable.
</P>
<P>(6) <I>Roof or ground control and ventilation plans.</I> The course shall include an introduction to and instruction on the roof or ground control plan in effect at the mine and procedures for roof and rib or ground control; and an introduction to and instruction on the ventilation plan in effect at the mine and the procedures for maintaining and controlling ventilation.
</P>
<P>(7) <I>Health.</I> The course shall include instruction on the purpose of taking dust, noise, and other health measurements, and any health control plan in effect at the mine shall be explained. The health provisions of the act and warning labels shall also be explained.
</P>
<P>(8) <I>Cleanup; rock dusting.</I> The course shall include instruction on the purpose of rock dusting and the cleanup and rock dusting program in effect at the mine, where applicable.
</P>
<P>(9) <I>Hazard recognition.</I> The course shall include the recognition and avoidance of hazards present in the mine, particularly any hazards related to explosives where explosives are used or stored at the mine.
</P>
<P>(10) <I>Electrical hazards.</I> The course shall include recognition and avoidance of electrical hazards.
</P>
<P>(11) <I>First aid.</I> The course shall include instruction in first aid methods acceptable to MSHA.
</P>
<P>(12) <I>Mine gases.</I> The course shall include instruction in the detection and avoidance of hazards associated with mine gases.
</P>
<P>(13) <I>Health and safety aspects of the tasks to which the new miner will be assigned.</I> The course shall include instruction in the health and safety aspects of the tasks to be assigned, including the safe work procedures of such tasks, the mandatory health and safety standards pertinent to such tasks, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. 
</P>
<P>(14) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
</P>
<P>(c) Methods, including oral, written, or practical demonstration, to determine successful completion of the training shall be included in the training plan. The methods for determining such completion shall be administered to the miner before he is assigned work duties.
</P>
<P>(d) A newly employed miner who has less than 12 months of mining experience and has received the courses and hours of instruction in paragraphs (a) and (b) of this section, within 36 months preceding employment at a mine, does not have to repeat this training. Before the miner starts work, the operator must provide the miner with the experienced miner training in § 48.6(b) of this part and, if applicable, the new task training in § 48.7 of this part. The operator must also provide the miner with annual refresher training and additional new task training, as applicable.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 FR 10335, Mar. 30, 1988; 63 FR 53760, Oct. 6, 1998; 67 FR 42388, June 21, 2002; 71 FR 12268, Mar. 9, 2006; 71 FR 71451, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 48.6" NODE="30:1.0.1.5.26.1.1.6" TYPE="SECTION">
<HEAD>§ 48.6   Experienced miner training.</HEAD>
<P>(a) Except as provided in paragraph (e), this section applies to experienced miners who are—
</P>
<P>(1) Newly employed by the operator;
</P>
<P>(2) Transferred to the mine;
</P>
<P>(3) Experienced underground miners transferred from surface to underground; or
</P>
<P>(4) Returning to the mine after an absence of more than 12 months.
</P>
<P>(b) Experienced miners must complete the training prescribed in this section before beginning work duties. Each experienced miner returning to mining following an absence of 5 years or more, must receive at least 8 hours of training. The training must include the following instruction:
</P>
<P>(1) <I>Introduction to work environment.</I> The course shall include a visit and tour of the mine. The methods of mining utilized at the mine shall be observed and explained. 
</P>
<P>(2) <I>Mandatory health and safety standards.</I> The course shall include the mandatory health and safety standards pertinent to the tasks to be assigned.
</P>
<P>(3) <I>Authority and responsibility of supervisors and miners' representatives.</I> The course shall include a review and description of the line of authority of supervisors and miners' representatives and the responsibilities of such supervisors and miners' representatives; and an introduction to the operator's rules and the procedures for reporting hazards.
</P>
<P>(4) <I>Entering and leaving the mine; transportation; communications.</I> The course shall include instruction in the procedures in effect for entering and leaving the mine; the check-in and checkout system in effect at the mine; the procedures for riding on and in mine conveyances; the controls in effect for the transportation of miners and materials; and the use of the mine communication systems, warning signals, and directional signs.
</P>
<P>(5) <I>Mine map; escapeways; emergency evacuation; barricading.</I> The program of instruction for mine emergency evacuation and firefighting approved by the District Manager under 30 CFR 75.1502 or the escape and evacuation plan under 30 CFR 57.11053, as applicable, shall be used for this course. The course shall include—
</P>
<P>(i) A review of the mine map; the escapeway system; the escape, firefighting, and emergency evacuation plans in effect at the mine; and the location of abandoned areas; and
</P>
<P>(ii) Methods of barricading and the locations of barricading materials, where applicable.
</P>
<P>(6) <I>Roof or ground control and ventilation plans.</I> The course shall include an introduction to and instruction on the roof or ground control plan in effect at the mine and procedures for roof and rib or ground control; and an introduction to and instruction on the ventilation plan in effect at the mine and the procedures for maintaining and controlling ventilation.
</P>
<P>(7) <I>Hazard recognition.</I> The course must include the recognition and avoidance of hazards present in the mine.
</P>
<P>(8) <I>Prevention of accidents.</I> The course must include a review of the general causes of accidents applicable to the mine environment, causes of specific accidents at the mine, and instruction in accident prevention in the work environment.
</P>
<P>(9) <I>Emergency medical procedures.</I> The course must include instruction on the mine's emergency medical arrangements and the location of the mine's first aid equipment and supplies.
</P>
<P>(10) <I>Health.</I> The course must include instruction on the purpose of taking dust, noise, and other health measurements, where applicable; must review the health provisions of the Act; and must explain warning labels and any health control plan in effect at the mine.
</P>
<P>(11) <I>Health and safety aspects of the tasks to which the experienced miner is assigned.</I> The course must include instruction in the health and safety aspects of the tasks assigned, including the safe work procedures of such tasks, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. Experienced miners who must complete new task training under § 48.7 do not need to take training under this paragraph. 
</P>
<P>(12) <I>Self-rescue and respiratory devices.</I> The course shall be given before the miner goes underground and shall include—
</P>
<P>(i) Instruction and demonstration in the use, care, and maintenance of self-rescue and respiratory devices used at the mine;
</P>
<P>(ii) Hands-on training in the complete donning of all types of self-contained self-rescue devices used at the mine, which includes assuming a donning position, opening the device, activating the device, inserting the mouthpiece, and putting on the nose clip; and
</P>
<P>(iii) Hands-on training in transferring between all applicable self-rescue devices.
</P>
<P>(13) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
</P>
<P>(c) The operator may include instruction on additional safety and health subjects based on circumstances and conditions at the mine.
</P>
<P>(d) The training time spent on individual subjects must vary depending upon the training needs of the miners.
</P>
<P>(e) Any miner returning to the same mine, following an absence of 12 months or less, must receive training on any major changes to the mine environment that have occurred during the miner's absence and that could adversely affect the miner's health or safety.
</P>
<P>(1) A person designated by the operator who is knowledgeable of these changes must conduct the training in this paragraph. An MSHA approved instructor is not required to conduct the training outlined in this paragraph.
</P>
<P>(2) No record of this training is required.
</P>
<P>(3) The miner must also complete annual refresher training as required in § 48.8, if the miner missed taking that training during the absence.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 FR 10335, Mar. 30, 1988; 53 FR 12415, Apr. 14, 1988; 63 FR 53760, Oct. 6, 1998; 67 FR 42388, June 21, 2002; 71 FR 12268, Mar. 9, 2006; 71 FR 71451, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 48.7" NODE="30:1.0.1.5.26.1.1.7" TYPE="SECTION">
<HEAD>§ 48.7   Training of miners assigned to a task in which they have had no previous experience; minimum courses of instruction.</HEAD>
<P>(a) Miners assigned to new work tasks as mobile equipment operators, drilling machine operators, haulage and conveyor systems operators, roof and ground control machine operators, and those in blasting operations shall not perform new work tasks in these categories until training prescribed in this paragraph and paragraph (b) of this section has been completed. This training shall not be required for miners who have been trained and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. This training shall also not be required for miners who have performed the new work tasks and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. The training program shall include the following:
</P>
<P>(1) <I>Health and safety aspects and safe operating procedures for work tasks, equipment, and machinery.</I> The training shall include instruction in the health and safety aspects and the safe operating procedures related to the assigned tasks, including information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. The training shall be given in an on-the-job environment; and 
</P>
<P>(2)(i) <I>Supervised practice during nonproduction.</I> The training shall include supervised practice in the assigned tasks, and the performance of work duties at times or places where production is not the primary objective; on
</P>
<P>(ii) <I>Supervised operation during production.</I> The training shall include, while under direct and immediate supervision and production is in progress, operation of the machine or equipment and the performance of work duties.
</P>
<P>(3) <I>New or modified machines and equipment.</I> Equipment and machine operators shall be instructed in safe operating procedures applicable to new or modified machines or equipment to be installed or put into operation in the mine, which require new or different operating procedures.
</P>
<P>(4) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
</P>
<P>(b) Miners under paragraph (a) of this section shall not operate the equipment or machine or engage in blasting operations without direction and immediate supervision until such miners have demonstrated safe operating procedures for the equipment or machine or blasting operation to the operator or the operator's agent.
</P>
<P>(c) Miners assigned a new task not covered in paragraph (a) of this section shall be instructed in the safety and health aspects and safe work procedures of the task, including information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program, prior to performing such task. 
</P>
<P>(d) Any person who controls or directs haulage operations at a mine shall receive and complete training courses in safe haulage procedures related to the haulage system, ventilation system, firefighting procedures, and emergency evacuation procedures in effect at the mine before assignment to such duties.
</P>
<P>(e) All training and supervised practice and operation required by this section shall be given by a qualified trainer, or a supervisor experienced in the assigned tasks, or other person experienced in the assigned tasks.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 44 FR 1980, Jan. 9, 1979; 47 FR 23640, May 28, 1982; 67 FR 42388, June 21, 2002] 


</CITA>
</DIV8>


<DIV8 N="§ 48.8" NODE="30:1.0.1.5.26.1.1.8" TYPE="SECTION">
<HEAD>§ 48.8   Annual refresher training of miners; minimum courses of instruction; hours of instruction.</HEAD>
<P>(a) Each miner shall receive a minimum of 8 hours of annual refresher training as prescribed in this section.
</P>
<P>(b) The annual refresher training program for all miners shall include the following courses of instruction:
</P>
<P>(1) <I>Mandatory health and safety standards.</I> The course shall include mandatory health and safety standard requirements which are related to the miner's tasks.
</P>
<P>(2) <I>Transportation controls and communication systems.</I> The course shall include instruction on the procedures for riding on and in mine conveyances; the controls in effect for the transportation of miners and materials; and the use of the mine communication systems, warning signals, and directional signs. 
</P>
<P>(3) <I>Barricading.</I> The course shall include a review of the methods of barricading and locations of barricading materials, where applicable. 
</P>
<P>(4) <I>Roof or ground control, ventilation, emergency evacuation and firefighting plans.</I> The course shall include a review of roof or ground control plans in effect at the mine and the procedures for maintaining and controlling ventilation. In addition, for underground coal mines, except for miners who receive this training under 30 CFR 75.1504, the course shall include a review of the emergency evacuation and firefighting program of instruction in effect at the mine. 
</P>
<P>(5) <I>First aid.</I> The course shall include a review of first aid methods acceptable to MSHA. 
</P>
<P>(6) <I>Electrical hazards.</I> The course shall include recognition and avoidance of electrical hazards. 
</P>
<P>(7) <I>Prevention of accidents.</I> The course shall include a review of accidents and causes of accidents, and instruction in accident prevention in the work environment. 
</P>
<P>(8) <I>Self-rescue and respiratory devices.</I> The course shall include instruction and demonstration in the use, care, and maintenance of self-rescue and respiratory devices used at the mine. In addition, except for miners who receive this training under 30 CFR 75.1504, the training for self-contained self-rescue (SCSR) devices shall include:
</P>
<P>(i) Hands-on training in the complete donning of all types of self-contained self-rescue devices used at the mine, which includes assuming a donning position, opening the device, activating the device, inserting the mouthpiece, and putting on the nose clip; and
</P>
<P>(ii) Hands-on training in transferring between all applicable self-rescue devices.
</P>
<P>(9) <I>Explosives.</I> The course shall include a review and instruction on the hazards related to explosives. The only exception to this course component is when there are no explosives used or stored on the mine property. 
</P>
<P>(10) <I>Mine gases.</I> The course shall include instruction in the detection and avoidance of hazards associated with mine gases. 
</P>
<P>(11) <I>Health.</I> The course shall include instruction on the purpose of taking dust, noise, and other health measurements and any health control plan in effect at the mine shall be explained. The health provisions of the Act and warning labels shall also be explained. 
</P>
<P>(12) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine. 
</P>
<P>(c) Refresher training may include other health and safety subjects that are relevant to mining operations at the mine. Recommended subjects include, but are not limited to, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. 
</P>
<P>(d) All persons employed as shaft or slope construction workers on June 28, 2006 must receive annual refresher training within 12 months of June 2006.
</P>
<P>(e) Where annual refresher training is conducted periodically, such sessions shall not be less than 30 minutes of actual instruction time and the miners shall be notified that the session is part of annual refresher training.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 53 FR 10336, Mar. 30, 1988; 63 FR 53760, Oct. 6, 1998; 67 FR 42389, June 21, 2002; 67 FR 76665, Dec. 12, 2002; 68 FR 53049, Sept. 9, 2003; 71 FR 12269, Mar. 9, 2006; 70 FR 77727, Dec. 30, 2005; 71 FR 71451, Dec. 8, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 48.9" NODE="30:1.0.1.5.26.1.1.9" TYPE="SECTION">
<HEAD>§ 48.9   Records of training.</HEAD>
<P>(a) Upon a miner's completion of each MSHA approved training program, the operator shall record and certify on MSHA form 5000-23 that the miner has received the specified training. A copy of the training certificate shall be given to the miner at the completion of the training. The training certificates for each miner shall be available at the minesite for inspection by MSHA and for examination by the miners, the miner's representative, and State inspection agencies. When a miner leaves the operator's employ, the miner shall be entitled to a copy of his training certificates. 
</P>
<P>(b) False certification that training was given shall be punishable under section 110 (a) and (f) of the Act. 
</P>
<P>(c) Copies of training certificates for currently employed miners shall be kept at the minesite for 2 years, or for 60 days after termination of employment.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 48.10" NODE="30:1.0.1.5.26.1.1.10" TYPE="SECTION">
<HEAD>§ 48.10   Compensation for training.</HEAD>
<P>(a) Training shall be conducted during normal working hours; miners attending such training shall receive the rate of pay as provided in § 48.2(d) (Definition of normal working hours) of this subpart A. 
</P>
<P>(b) If such training shall be given at a location other than the normal place of work, miners shall be compensated for the additional cost, such as mileage, meals, and lodging, they may incur in attending such training sessions. 


</P>
</DIV8>


<DIV8 N="§ 48.11" NODE="30:1.0.1.5.26.1.1.11" TYPE="SECTION">
<HEAD>§ 48.11   Hazard training.</HEAD>
<P>(a) Operators shall provide to those miners, as defined in § 48.2(a)(2) (Definition of miner) of this subpart A, a training program before such miners commence their work duties. This training program shall include the following instruction, which is applicable to the duties of such miners: 
</P>
<P>(1) Hazard recognition and avoidance; 
</P>
<P>(2) Emergency and evacuation procedures; 
</P>
<P>(3) Health and safety standards, safety rules, and safe working procedures; 
</P>
<P>(4) Use of self-rescue and respiratory devices, including:
</P>
<P>(i) Hands-on training in the complete donning of all types of self-contained self-rescue devices used at the mine, which includes assuming a donning position, opening the device, activating the device, inserting the mouthpiece, and putting on the nose clip; and
</P>
<P>(ii) Hands-on training in transferring between all applicable self-rescue devices; and 
</P>
<P>(5) Such other instruction as may be required by the District Manager based on circumstances and conditions at the mine. 
</P>
<P>(b) Miners shall receive the instruction required by this section at least once every 12 months.
</P>
<P>(c) The training program required by this section shall be submitted with the training plan required by § 48.3(a) (Training plans: Submission and approval) of this subpart A and shall include a statement on the methods of instruction to be used.
</P>
<P>(d) In accordance with § 48.9 (Records of training) of this subpart A, the operator shall maintain and make available for inspection certificates that miners have received the hazard training required by this section.
</P>
<P>(e) Miners subject to hazard training shall be accompanied at all times while underground by an experienced miner, as defined in § 48.2(b) (Definition of miner) of this subpart A.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 25, 1982; 53 FR 10336, Mar. 30, 1988; 71 FR 12269, Mar. 9, 2006; 71 FR 71452, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 48.12" NODE="30:1.0.1.5.26.1.1.12" TYPE="SECTION">
<HEAD>§ 48.12   Appeals procedures.</HEAD>
<P>The operator, miner, and miners' representative shall have the right of appeal from a decision of the District Manager.
</P>
<P>(a) In the event an operator, miner, or miners' representative decides to appeal a decision by a District Manager, such an appeal shall be submitted, in writing, to the Administrator for Coal Mine Safety and Health or the Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 200 Constitution Avenue NW, Washington, DC 20210, within 30 days of notification of the District Manager's decision.
</P>
<P>(b) The Administrator may require additional information from the operator, the miners, or their representatives, and the District Manager, if the Administrator determines such information is necessary.
</P>
<P>(c) The Administrator shall render a decision on the appeal within 30 days after receipt of the appeal.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 71 FR 16666, Apr. 3, 2006; 80 FR 52986, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.5.26.2" TYPE="SUBPART">
<HEAD>Subpart B—Training and Retraining of Miners Working at Surface Mines and Surface Areas of Underground Mines</HEAD>


<DIV8 N="§ 48.21" NODE="30:1.0.1.5.26.2.1.1" TYPE="SECTION">
<HEAD>§ 48.21   Scope.</HEAD>
<P>The provisions of this subpart B set forth the mandatory requirements for submitting and obtaining approval of programs for training and retraining miners working at surface mines and surface areas of underground mines. Requirements regarding compensation for training and retraining are also included. The requirements for training and retraining miners working in underground mines are set forth in subpart A of this part. This part does not apply to training and retraining of miners at shell dredging, sand, gravel, surface stone, surface clay, colloidal phosphate, and surface limestone mines, which are covered under 30 CFR Part 46.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 64 FR 53130, Sept. 30, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 48.22" NODE="30:1.0.1.5.26.2.1.2" TYPE="SECTION">
<HEAD>§ 48.22   Definitions.</HEAD>
<P>For the purposes of this subpart B—
</P>
<P>(a)(1) <I>Miner</I> means, for purposes of §§ 48.23 through 48.30 of this subpart B, any person working in a surface mine or surface areas of an underground mine and who is engaged in the extraction and production process, or engaged in shaft or slope construction, or who is regularly exposed to mine hazards, or who is a maintenance or service worker employed by the operator or a maintenance or service worker contracted by the operator to work at the mine for frequent or extended periods. This definition shall include the operator if the operator works at the mine on a continuing, even if irregular, basis. Short-term, specialized contract workers, such as drillers and blasters, who are engaged in the extraction and production process or engaged in shaft or slope construction and who have received training under § 48.26 (Experienced miner training) of this subpart B, may in lieu of subsequent training under that section for each new employment, receive training under § 48.31 (Hazard training) of this subpart B. This definition does not include:
</P>
<P>(i) Construction workers under subpart C of this Part 48;
</P>
<P>(ii) Any person covered under paragraph (a)(2) of this section.
</P>
<P>(2) <I>Miner</I> means, for purposes of § 48.31 (Hazard training) of this subpart B, any person working in a surface mine, including any delivery, office, or scientific worker or occasional, short-term maintenance or service worker contracted by the operator, and any student engaged in academic projects involving his or her extended presence at the mine. This definition excludes persons covered under paragraph (a)(1) of this section and subpart C of this part.
</P>
<P>(b) <I>Experienced miner</I> means:
</P>
<P>(1) A miner who has completed MSHA-approved new miner training for surface miners or training acceptable to MSHA from a State agency and who has had at least 12 months of surface mining experience; or
</P>
<P>(2) A supervisor who is certified under an MSHA-approved State certification program and who is employed as a surface supervisor on October 6, 1998; or
</P>
<P>(3) An experienced surface miner on February 3, 1999.
</P>
<P>(4)(i) A person employed as a surface shaft or slope construction worker on the June 28, 2006; or,
</P>
<P>(ii) A person who has six months of surface shaft or slope experience within 24 months before June 28, 2006.
</P>
<P>(c) <I>New miner</I> means a miner who is not an experienced miner.
</P>
<P>(d) <I>Normal working hours</I> means a period of time during which a miner is otherwise scheduled to work. This definition does not preclude scheduling training classes on the sixth or seventh working day if such a work schedule has been established for a sufficient period of time to be accepted as the operator's common practice. Miners shall be paid at a rate of pay which shall correspond to the rate of pay they would have received had they been performing their normal work tasks. 
</P>
<P>(e) <I>Operator</I> means any owner, lessee, or other person who operates, controls, or supervises a surface mine or surface area of an underground mine; or any independent contractor identified as an operator performing services or construction at such time.
</P>
<P>(f) <I>Task</I> means a work assignment that includes duties of a job that occur on a regular basis and which requires physical abilities and job knowledge.
</P>
<P>(g) <I>Act</I> means the Federal Mine Safety and Health Act of 1977.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9, 1979, as amended at 63 FR 53759, 53760, Oct. 6, 1998; 70 FR 77727, Dec. 30, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 48.23" NODE="30:1.0.1.5.26.2.1.3" TYPE="SECTION">
<HEAD>§ 48.23   Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval of instructors.</HEAD>
<P>(a) Except as provided in paragraph (o) of this section, each operator of a surface mine shall have an MSHA-approved plan containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:
</P>
<P>(1) In the case of a mine which is operating on the effective date of this subpart B, the operator of the mine shall submit such plan for approval within 150 days after the effective date of this subpart B.
</P>
<P>(2) Within 60 days after the operator submits the plan for approval, unless extended by MSHA, the operator shall have an approved plan for the mine.
</P>
<P>(3) In the case of a new mine which is to be opened or a mine which is to be reopened or reactivated after the effective date of this subpart B, the operator shall have an approved plan prior to opening the new mine, or reopening or reactivating the mine unless the mine is reopened or reactivated periodically using portable equipment and mobile teams of miners as a normal method of operation by the operator. The operator to be so excepted shall maintain an approved plan for training covering all mine locations which are operated with portable equipment and mobile teams of miners.
</P>
<P>(b) The training plan shall be filed with the District Manager for the area in which the mine is located.
</P>
<P>(c) Each operator shall submit to the District Manager the following information:
</P>
<P>(1) The company name, mine name, and MSHA identification number of the mine.
</P>
<P>(2) The name and position of the person designated by the operator who is responsible for health and safety training at the mine. This person may be the operator.
</P>
<P>(3) A list of MSHA approved instructors with whom the operator proposes to make arrangements to teach the courses, and the courses each instructor is qualified to teach.
</P>
<P>(4) The location where training will be given for each course.
</P>
<P>(5) A description of the teaching methods and the course materials which are to be used in training.
</P>
<P>(6) The approximate number of miners employed at the mine and the maximum number who will attend each session of training.
</P>
<P>(7) The predicted time or periods of time when regularly scheduled refresher training will be given. This schedule shall include the titles of courses to be taught, the total number of instruction hours for each course, and the predicted time and length of each session of training. 
</P>
<P>(8) For the purposes of § 48.27 (New task training of miners) of this subpart B, the operator shall submit:
</P>
<P>(i) A complete list of task assignments to correspond with the definition of “task” in § 48.22(f) of this subpart B.
</P>
<P>(ii) The titles of personnel conducting the training for this section.
</P>
<P>(iii) The outline of training procedures used in training miners in those work assignments listed according to paragraph (c)(8)(i) of this section.
</P>
<P>(iv) The evaluation procedures used to determine the effectiveness of training under § 48.27 of this subpart B.
</P>
<P>(d) The operator shall furnish to the representative of the miners a copy of the training plan 2 weeks prior to its submission to the District Manager. Where a miners' representative is not designated, a copy of the plan shall be posted on the mine bulletin board 2 weeks prior to its submission to the District Manager. Written comments received by the operator from miners or their representatives shall be submitted to the District Manager. Miners or their representatives may submit written comments directly to the District Manager.
</P>
<P>(e) All training required by the training plan submitted to and approved by the District Manager as required by this subpart B shall be subject to evaluation by the District Manager to determine the effectiveness of the training programs. If it is deemed necessary, the District Manager may require changes in, or additions to, programs. Upon request from the District Manager the operator shall make available for evaluation the instructional materials, handouts, visual aids, and other teaching accessories used or to be used in the training programs. Upon request from the District Manager the operator shall provide information concerning schedules of upcoming training.
</P>
<P>(f) The operator shall make a copy of the MSHA approved training plan available at the mine site for MSHA inspection and examination by the miners and their representatives. 
</P>
<P>(g) Except as provided in § 48.27 (New task training of miners) and § 48.31 (Hazard training) of this subpart B, all courses shall be conducted by MSHA approved instructors.
</P>
<P>(h) Instructors shall be approved by the District Manager in one or more of the following ways:
</P>
<P>(1) Instructors shall take an instructor's training course conducted by the District Manager or given by persons designated by the District Manager to give such instruction; and instructors shall have satisfactorily completed a program of instruction approved by the Office of Educational Policy and Development, MSHA, in the subject matter to be taught.
</P>
<P>(2) Instructors may be designated by MSHA as approved instructors to teach specific courses based on written evidence of the instructors' qualifications and teaching experience.
</P>
<P>(3) At the discretion of the District Manager, instructors may be designated by MSHA as approved instructors to teach specific courses based on the performance of the instructors while teaching classes monitored by MSHA. Operators shall indicate in training plans submitted for approval whether they want to have instructors approved based on monitored performance. The District Manager shall consider such factors as the size of the mine, the number of employees, the mine safety record and remoteness from a training facility when determining whether instructor approval based on monitored performance is appropriate.
</P>
<P>(4) On the effective date of this subpart B, cooperative instructors who have been designated by MSHA to teach MSHA approved courses and who have taught such courses within 24 months prior to the effective date of this subpart shall be considered approved instructors for such courses.
</P>
<P>(i) Instructors may have their approval revoked by MSHA for good cause which may include not teaching a course at least once every 24 months. Before any revocation is effective, the District Manager must send written reasons for revocation to the instructor and the instructor shall be given an opportunity to demonstrate or achieve compliance before the District Manager on the matter. A decision by the District Manager to revoke an instructor's approval may be appealed by the instructor to the Administrator for Coal Mine Safety and Health or the Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 200 Constitution Avenue NW, Washington, DC 20210. Such an appeal shall be submitted to the Administrator within 5 days of notification of the District Manager's decision. Upon revocation of an instructor's approval, the District Manager shall immediately notify operators who use the instructor for training.
</P>
<P>(j) The District Manager for the area in which the mine is located shall notify the operator and the miners' representative, in writing, within 60 days from the date on which the training plan is filed, of the approval or status of the approval of the training programs.
</P>
<P>(1) If revisions are required for approval, or to retain approval thereafter, the revisions required shall be specified to the operator and the miners' representative and the operator and the miners' representative shall be afforded an opportunity to discuss the revisions with the District Manager, or propose alternate revisions or changes. The District Manager, in consultation with the operator and the representative of miners, shall fix a time within which the discussion will be held, or alternate revisions or changes submitted, before final approval is made.
</P>
<P>(2) The District Manager may approve separate programs of the training plan and withhold approval of other programs, pending discussion of revisions or submission of alternate revisions or changes.
</P>
<P>(k) Except as provided under § 48.28(c) (Annual refresher training of miners) of this subpart B, the operator shall commence training of miners within 60 days after approval of the training plan, or approved programs of the training plan.
</P>
<P>(l) The operator shall notify the District Manager of the area in which the mine is located and the miners' representative of any changes of modifications which the operator proposes to make in the approval training plan. The operator shall obtain the approval of the District Manager for such changes or modifications.
</P>
<P>(m) In the event the District Manager disapproves a training plan or a proposed modification of a training plan or requires changes in a training plan or modification, the District Manager shall notify the operator and the miners' representative in writing of:
</P>
<P>(1) The specific changes or items of deficiency.
</P>
<P>(2) The action necessary to effect the changes or bring the disapproved training plan or modification into compliance. 
</P>
<P>(3) The deadline for completion of remedial action to effect compliance, which shall serve to suspend punitive action under the provisions of sections 104 and 110 of the Act and other related regulations until that established deadline date, except that no such suspension shall take place in imminent danger situations.
</P>
<P>(n) The operator shall post on the mine bulletin board, and provide to the miners' representative, a copy of all MSHA revisions and decisions which concern the training plan at the mine and which are issued by the District Manager.
</P>
<P>(o) Each operator engaged in shaft or slope construction shall have an MSHA-approved training plan, as outlined in this section, containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:
</P>
<P>(1) In the case of an operator engaged in shaft or slope construction on December 30, 2005, the operator shall submit a plan for approval by May 1, 2006, unless extended by MSHA.
</P>
<P>(2) In the case of a new shaft or slope construction operator after June 28, 2006, the operator shall have an approved plan prior to commencing shaft or slope construction.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 47 FR 23640, May 28, 1982; 47 FR 28095, June 29, 1982; 60 FR 33723, June 29, 1995; 63 FR 52759, Oct. 6, 1998; 67 FR 38384, June 4, 2002; 70 FR 77727, Dec. 30, 2005; 80 FR 52986, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 48.24" NODE="30:1.0.1.5.26.2.1.4" TYPE="SECTION">
<HEAD>§ 48.24   Cooperative training program.</HEAD>
<P>(a) An operator of a mine may conduct his own training programs, or may participate in training programs conducted by MSHA, or may participate in MSHA approved training programs conducted by State or other Federal agencies, or associations of mine operators, miners' representatives, other mine operators, private associations, or educational institutions.
</P>
<P>(b) Each program and course of instruction shall be given by instructors who have been approved by MSHA to instruct in the courses which are given, and such courses and the training programs shall be adapted to the mining operations and practices existing at the mine and shall be approved by the District Manager for the area in which the mine is located.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 48.25" NODE="30:1.0.1.5.26.2.1.5" TYPE="SECTION">
<HEAD>§ 48.25   Training of new miners; minimum courses of instruction; hours of instruction.</HEAD>
<P>(a) Each new miner shall receive no less than 24 hours of training as prescribed in this section. Except as otherwise provided in this paragraph, new miners shall receive this training before they are assigned to work duties. At the discretion of the District Manager, new miners may receive a portion of this training after assignment to work duties: <I>Provided,</I> That no less than 8 hours of training shall in all cases be given to new miners before they are assigned to work duties. The following courses shall be included in the 8 hours of training: Introduction to work environment, hazard recognition, and health and safety aspects of the tasks to which the new miners will be assigned. Following the completion of this preassignment training, new miners shall then receive the remainder of the required 24 hours of training, or up to 16 hours, within 60 days. Operators shall indicate in the training plans submitted for approval whether they want to train new miners after assignment to duties and for how many hours. In determining whether new miners may be given this training after they are assigned duties, the District Manager shall consider such factors as the mine safety record, rate of employee turnover and mine size. Miners who have not received the full 24 hours of new miner training shall be required to work under the close supervision of an experienced miner.
</P>
<P>(b) The training program for new miners shall include the following courses:
</P>
<P>(1) <I>Instruction in the statutory rights of miners and their representatives under the Act; authority and responsibility of supervisors.</I> The course shall include instruction in the statutory rights of miners and their representatives under the Act, including a discussion of section 2 of the Act; a review and description of the line of authority of supervisors and miners' representatives and the responsibilities of such supervisors and miners' representatives; and an introduction to the operator's rules and the procedures for reporting hazards.
</P>
<P>(2) <I>Self-rescue and respiratory devices.</I> The course shall include instruction and demonstration in the use, care, and maintenance of self-rescue and respiratory devices, where applicable.
</P>
<P>(3) <I>Transportation controls and communication systems.</I> The course shall include instruction on the procedures in effect for riding on and in mine conveyances where applicable; the controls for the transportation of miners and materials; and the use of mine communication systems, warning signals, and directional signs.
</P>
<P>(4) <I>Introduction to work environment.</I> The course shall include a visit and tour of the mine, or portions of the mine which are representative of the entire mine. The method of mining or operation utilized shall be observed and explained.
</P>
<P>(5) <I>Escape and emergency evacuation plans; firewarning and firefighting.</I> The course shall include a review of the mine escape system, and escape and emergency evacuation plans in effect at the mine; and instruction in the firewarning signals and firefighting procedures.
</P>
<P>(6) <I>Ground control; working in areas of highwalls, water hazards, pits and spoil banks; illumination and night work.</I> The course shall include, where applicable, and introduction to and instruction on the highwall and ground control plans in effect at the mine; procedures for working safely in areas of highwalls, water hazards, pits and spoil banks; the illumination of work areas; and safe work procedures during the hours of darkness. 
</P>
<P>(7) <I>Health.</I> The course shall include instruction on the purpose of taking dust measurements, where applicable, and noise and other health measurements, and any health control plan in effect at the mine shall be explained. The health provisions of the Act and warning labels shall also be explained. 
</P>
<P>(8) <I>Hazard recognition.</I> The course shall include the recognition and avoidance of hazards present in the mine. 
</P>
<P>(9) <I>Electrical hazards.</I> The course shall include recognition and avoidance of electrical hazards. 
</P>
<P>(10) <I>First aid.</I> The course shall include instruction in first aid methods acceptable to MSHA. 
</P>
<P>(11) <I>Explosives.</I> The course shall include a review and instruction on the hazards related to explosives. The only exception to this course component is when no explosives are used or stored on mine property. 
</P>
<P>(12) <I>Health and safety aspects of the tasks to which the new miner will be assigned.</I> The course shall include instructions in the health and safety aspects of the tasks to be assigned, including the safe work procedures of such tasks, the mandatory health and safety standards pertinent to such tasks, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. 
</P>
<P>(13) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine. 
</P>
<P>(c) Methods, including oral, written or practical demonstration, to determine successful completion of the training shall be included in the training plan. Upon completion of training, the methods for determining successful completion shall be administered to the miner. The method for determining successful completion of pre-assignment training under paragraph (a) of this section shall be administered to the miner before he is assigned to work duties. 
</P>
<P>(d) A newly employed miner who has less than 12 months of mining experience and has received the courses and hours of instruction in paragraphs (a) and (b) of this section, within 36 months preceding employment at a mine, does not have to repeat this training. Before the miner starts work, the operator must provide the miner with the experienced miner training in § 48.26(b) of this part and, if applicable, the new task training in § 48.27 of this part. The operator must also provide the miner with annual refresher training and additional new task training, as applicable.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 FR 53760, Oct. 6, 1998; 67 FR 42389, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 48.26" NODE="30:1.0.1.5.26.2.1.6" TYPE="SECTION">
<HEAD>§ 48.26   Experienced miner training.</HEAD>
<P>(a) Except as provided in paragraph (e), this section applies to experienced miners who are—
</P>
<P>(1) Newly employed by the operator;
</P>
<P>(2) Transferred to the mine;
</P>
<P>(3) Experienced surface miners transferred from underground to surface; or
</P>
<P>(4) Returning to the mine after an absence of more than 12 months.
</P>
<P>(b) Experienced miners must complete the training prescribed in this section before beginning work duties. Each experienced miner returning to mining following an absence of 5 years or more, must receive at least 8 hours of training. The training must include the following instruction:
</P>
<P>(1) <I>Introduction to work environment.</I> The course shall include a visit and tour of the mine. The methods of mining or operations utilized at the mine shall be observed and explained. 
</P>
<P>(2) <I>Mandatory health and safety standards.</I> The course shall include the mandatory health and safety standards pertinent to the tasks to be assigned. 
</P>
<P>(3) <I>Authority and responsibility of supervisors and miners' representatives.</I> The course shall include a review and description of the line of authority of supervisors and miners' representatives and the responsibilities of such supervisors and miners' representatives; and an introduction to the operator's rules and the procedures for reporting hazards. 
</P>
<P>(4) <I>Transportation controls and communication systems.</I> The course shall include instruction on the procedures in effect for riding on and in mine conveyances; the controls for the transportation of miners and materials; and the use of the mine communication systems, warning signals, and directional signs. 
</P>
<P>(5) <I>Escape and emergency evacuation plans; firewarning and firefighting.</I> The course must include a review of the mine escape system and the escape and emergency evacuation plans in effect at the mine, and instruction in the firewarning signals and firefighting procedures in effect at the mine.
</P>
<P>(6) <I>Ground controls; working in areas of highwalls, water hazards, pits, and spoil banks; illumination and night work.</I> The course shall include, where applicable, an introduction to and instruction on the highwall and ground control plans in effect at the mine; procedures for working safely in areas of highwalls, water hazards, pits, and spoil banks, the illumination of work areas, and safe work procedures for miners during hours of darkness.
</P>
<P>(7) <I>Hazard recognition.</I> The course must include the recognition and avoidance of hazards present in the mine.
</P>
<P>(8) <I>Prevention of accidents.</I> The course must include a review of the general causes of accidents applicable to the mine environment, causes of specific accidents at the mine, and instruction in accident prevention in the work environment.
</P>
<P>(9) <I>Emergency medical procedures.</I> The course must include instruction on the mine's emergency medical arrangements and the location of the mine's first aid equipment and supplies.
</P>
<P>(10) <I>Health.</I> The course must include instruction on the purpose of taking dust, noise, and other health measurements, where applicable; must review the health provisions of the Act; and must explain warning labels and any health control plan in effect at the mine.
</P>
<P>(11) <I>Health and safety aspects of the tasks to which the experienced miner is assigned.</I> The course must include instruction in the health and safety aspects of the tasks assigned, including the safe work procedures of such tasks, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. Experienced miners who must complete new task training under § 48.27 do not need to take training under this paragraph. 
</P>
<P>(12) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
</P>
<P>(c) The operator may include instruction in additional safety and health subjects based on circumstances and conditions at the mine.
</P>
<P>(d) The training time spent on individual subjects must vary depending upon the training needs of the miners.
</P>
<P>(e) Any miner returning to the same mine, following an absence of 12 months or less, must receive training on any major changes to the mine environment that have occurred during the miner's absence and that could adversely affect the miner's health or safety.
</P>
<P>(1) A person designated by the operator who is knowledgeable of these changes must conduct the training in this paragraph. An MSHA approved instructor is not required to conduct the training outlined in this paragraph.
</P>
<P>(2) No record of this training is required.
</P>
<P>(3) The miner must complete annual refresher training as required in § 48.28, if the miner missed taking that training during the absence.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 FR 53760, Oct. 6, 1998; 67 FR 42389, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 48.27" NODE="30:1.0.1.5.26.2.1.7" TYPE="SECTION">
<HEAD>§ 48.27   Training of miners assigned to a task in which they have had no previous experience; minimum courses of instruction.</HEAD>
<P>(a) Miners assigned to new work tasks as mobile equipment operators, drilling machine operators, haulage and conveyor systems operators, ground control machine operators, AMS operators, and those in blasting operations shall not perform new work tasks in these categories until training prescribed in this paragraph and paragraph (b) of this section has been completed. This training shall not be required for miners who have been trained and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. This training shall also not be required for miners who have performed the new work tasks and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. The training program shall include the following:
</P>
<P>(1) <I>Health and safety aspects and safe operating procedures for work tasks, equipment, and machinery.</I> The training shall include instruction in the health and safety aspects and safe operating procedures related to the assigned task, including information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. The training shall be given in an on-the-job environment; and 
</P>
<P>(2)(i) <I>Supervised practice during nonproduction.</I> The training shall include supervised practice in the assigned tasks, and the performance of work duties at times or places where production is not the primary objective; or,
</P>
<P>(ii) <I>Supervised operation during production.</I> The training shall include, while under direct and immediate supervision and production is in progress, operation of the machine or equipment and the performance of work duties.
</P>
<P>(3) <I>New or modified machines and equipment.</I> Equipment and machine operators shall be instructed in safe operating procedures applicable to new or modified machines or equipment to be installed or put into operation in the mine, which require new or different operating procedures.
</P>
<P>(4) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
</P>
<P>(b) Miners under paragraph (a) of this section shall not operate the equipment or machine or engage in blasting operations without direction and immediate supervision until such miners have demonstrated safe operating procedures for the equipment or machine or blasting operation to the operator or the operator's agent.
</P>
<P>(c) Miners assigned a new task not covered in paragraph (a) of this section shall be instructed in the safety and health aspects and safe work procedures of the task, including information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program, prior to performing such task. 
</P>
<P>(d) All training and supervised practice and operation required by this section shall be given by a qualified trainer, or a supervisor experienced in the assigned tasks, or other person experienced in the assigned tasks.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 67 FR 42389, June 21, 2002; 73 FR 80612, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 48.28" NODE="30:1.0.1.5.26.2.1.8" TYPE="SECTION">
<HEAD>§ 48.28   Annual refresher training of miners; minimum courses of instruction; hours of instruction.</HEAD>
<P>(a) Each miner shall receive a minimum of 8 hours of annual refresher training as prescribed in this section.
</P>
<P>(b) The annual refresher training program for all miners shall include the following courses of instruction:
</P>
<P>(1) <I>Mandatory health and safety standards.</I> The course shall include mandatory health and safety standard requirements which are related to the miner's tasks.
</P>
<P>(2) <I>Transportation controls and communication systems.</I> The course shall include instruction on the procedures for riding on and in mine conveyances; the controls in effect for the transportation of miners and materials; and the use of the mine communication systems, warning signals, and directional signs.
</P>
<P>(3) <I>Escape and emergency evacuation plans; firewarning and firefighting.</I> The course shall include a review of the mine escape system; escape and emergency evacuation plans in effect at the mine; and instruction in the firewarning signals and firefighting procedures.
</P>
<P>(4) <I>Ground control; working in areas of highwalls, water hazards, pits, and spoil banks; illumination and night work.</I> The course shall include, where applicable, a review and instruction on the highwall and ground control plans in effect at the mine; procedures for working safely in areas of highwalls, water hazards, pits, and spoil banks; the illumination of work areas; and safe work procedures during hours of darkness.
</P>
<P>(5) <I>First aid.</I> The course shall include a review of first aid methods acceptable to MSHA.
</P>
<P>(6) <I>Electrical hazards.</I> The course shall include recognition and avoidance of electrical hazards.
</P>
<P>(7) <I>Prevention of accidents.</I> the course shall include a review of accidents and causes of accidents, and instruction in accident prevention in the work environment.
</P>
<P>(8) <I>Health.</I> The course shall include instruction on the purpose of taking dust measurements, where applicable, and noise and other health measurements, and any health control plan in effect at the mine shall be explained. The health provisions of the Act and warning labels shall also be explained.
</P>
<P>(9) <I>Explosives.</I> The course shall include a review and instruction on the hazards related to explosives. The only exception to this course component is when there are no explosives used or stored on the mine property. 
</P>
<P>(10) <I>Self-rescue and respiratory devices.</I> The course shall include instruction and demonstration in the use, care, and maintenance of self-rescue and respiratory devices, where applicable.
</P>
<P>(11) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
</P>
<P>(c) Refresher training may include other health and safety subjects that are relevant to mining operations at the mine. Recommended subjects include, but are not limited to, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. 
</P>
<P>(d) All persons employed as shaft or slope construction workers on June 28, 2006 must receive annual refresher training within 12 months of June 2006.
</P>
<P>(e) Where annual refresher training is conducted periodically, such sessions shall not be less than 30 minutes of actual instruction time and the miners shall be notified that the session is part of annual refresher training.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 63 FR 53761, Oct. 6, 1998; 70 FR 77728, Dec. 30, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 48.29" NODE="30:1.0.1.5.26.2.1.9" TYPE="SECTION">
<HEAD>§ 48.29   Records of training.</HEAD>
<P>(a) Upon a miner's completion of each MSHA approved training program, the operator shall record and certify on MSHA form 5000-23 that the miner has received the specified training. A copy of the training certificate shall be given to the miner at the completion of the training. The training certificates for each miner shall be available at the mine site for inspection by MSHA and for examination by the miners, the miners' representative and State inspection agencies. When a miner leaves the operator's employ, the miner shall be entitled to a copy of his training certificates.
</P>
<P>(b) False certification that training was given shall be punishable under section 110 (a) and (f) of the Act.
</P>
<P>(c) Copies of training certificates for currently employed miners shall be kept at the mine site for 2 years, or for 60 days after termination of employment.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 48.30" NODE="30:1.0.1.5.26.2.1.10" TYPE="SECTION">
<HEAD>§ 48.30   Compensation for training.</HEAD>
<P>(a) Training shall be conducted during normal working hours; miners attending such training shall receive the rate of pay as provided in § 48.22(d) (Definition of normal working hours) of this subpart B.
</P>
<P>(b) If such training shall be given at a location other than the normal place of work, miners shall be compensated for the additional costs, such a mileage, meals, and lodging, they may incur in attending such training sessions.


</P>
</DIV8>


<DIV8 N="§ 48.31" NODE="30:1.0.1.5.26.2.1.11" TYPE="SECTION">
<HEAD>§ 48.31   Hazard training.</HEAD>
<P>(a) Operators shall provide to those miners, as defined in § 48.22(a) (2) (Definition of miner) of this subpart B, a training program before such miners commence their work duties. This training program shall include the following instruction, which is applicable to the duties of such miners:
</P>
<P>(1) Hazard recognition and avoidance;
</P>
<P>(2) Emergency and evacuation procedures;
</P>
<P>(3) Health and safety standards, safety rules and safe working procedures;
</P>
<P>(4) Self-rescue and respiratory devices; and,
</P>
<P>(5) Such other instruction as may be required by the District Manager based on circumstances and conditions at the mine.
</P>
<P>(b) Miners shall receive the instruction required by this section at least once every 12 months.
</P>
<P>(c) The training program required by this section shall be submitted with the training plan required by § 48.23(a) (Training plans: Submission and approval) of this subpart B and shall include a statement on the methods of instruction to be used.
</P>
<P>(d) In accordance with § 48.29 (Records of training) of this subpart B, the operator shall maintain and make available for inspection, certificates that miners have received the instruction required by this section.
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 48.32" NODE="30:1.0.1.5.26.2.1.12" TYPE="SECTION">
<HEAD>§ 48.32   Appeals procedures.</HEAD>
<P>The operator, miner, and miners' representative shall have the right of appeal from a decision of the District Manager.
</P>
<P>(a) In the event an operator, miner, or miners' representative decides to appeal a decision by the District Manager, such an appeal shall be submitted, in writing, to the Administrator for Coal Mine Safety and Health or the Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 200 Constitution Avenue NW, Washington, DC 20210, within 30 days of notification of the District Manager's decision.
</P>
<P>(b) The Administrator may require additional information from the operator, the miners or their representatives, and the District Manager, if the Administrator determines such information is necessary.
</P>
<P>(c) The Administrator shall render a decision on the appeal within 30 days after receipt of the appeal. 
</P>
<CITA TYPE="N">[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23641, May 28, 1982; 67 FR 38384, June 4, 2002; 80 FR 52986, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="49" NODE="30:1.0.1.5.27" TYPE="PART">
<HEAD>PART 49—MINE RESCUE TEAMS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 825(e).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>45 FR 47002, July 11, 1980, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.5.27.1" TYPE="SUBPART">
<HEAD>Subpart A—Mine Rescue Teams for Underground Metal and Nonmetal Mines</HEAD>


<DIV8 N="§ 49.1" NODE="30:1.0.1.5.27.1.1.1" TYPE="SECTION">
<HEAD>§ 49.1   Purpose and scope.</HEAD>
<P>This part implements the provisions of Section 115(e) of the Federal Mine Safety and Health Act of 1977. Every operator of an underground mine shall assure the availability of mine rescue capability for purposes of emergency rescue and recovery. 


</P>
</DIV8>


<DIV8 N="§ 49.2" NODE="30:1.0.1.5.27.1.1.2" TYPE="SECTION">
<HEAD>§ 49.2   Availability of mine rescue teams.</HEAD>
<P>(a) Except where alternative compliance is permitted for small and remote mines (§ 49.3) or those mines operating under special mining conditions (§ 49.4), every operator of an underground mine shall: 
</P>
<P>(1) Establish at least two mine rescue teams which are available at all times when miners are underground; or 
</P>
<P>(2) Enter into an arrangement for mine rescue services which assures that at least two mine rescue teams are available at all times when miners are underground. 
</P>
<P>(b) Each mine rescue team shall consist of five members and one alternate, who are fully qualified, trained, and equipped for providing emergency mine rescue service. 
</P>
<P>(c) To be considered for membership on a mine rescue team, each person must have been employed in an underground mine for a minimum of one year within the past five years. For the purpose of mine rescue work only, miners who are employed on the surface but work regularly underground shall meet the experience requirement. The underground experience requirement is waived for those miners on a mine rescue team on the effective date of this rule. 
</P>
<P>(d) Each operator shall arrange, in advance, ground transportation for rescue teams and equipment to the mine or mines served. 
</P>
<P>(e) Upon the effective date of this part, the required rescue capability shall be present at all existing underground mines, upon initial excavation of a new underground mine entrance, or the re-opening of an existing underground mine. 
</P>
<P>(f) Except where alternative compliance is permitted under § 49.3 or § 49.4, no mine served by a mine rescue team shall be located more than two hours ground travel time from the mine rescue station with which the rescue team is associated. 
</P>
<P>(g) As used in this part, mine rescue teams shall be considered available where teams are capable presenting themselves at the mine site(s) within a reasonable time after notification of an occurrence which might require their services. Rescue team members will be considered available even though performing regular work duties or in an off-duty capacity. The requirement that mine rescue teams be available shall not apply when teams are participating in mine rescue contests or providing services to another mine. 
</P>
<P>(h) Each operator of an underground mine who provides rescue teams under this section shall send the District Manager a statement describing the mine's method of compliance with this part. The statement shall disclose whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams. The name of the provider and the location of the services shall be included in the statement. A copy of the statement shall be posted at the mine for the miners' information. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the statement. 


</P>
</DIV8>


<DIV8 N="§ 49.3" NODE="30:1.0.1.5.27.1.1.3" TYPE="SECTION">
<HEAD>§ 49.3   Alternative mine rescue capability for small and remote mines.</HEAD>
<P>(a) If an underground mine is small and remote, an operator may provide for an alternative mine rescue capability. For the purposes of this part only, consideration for small and remote shall be given where the total underground employment of the operator's mine and any surrounding mine(s) within two hours ground travel time of the operator's mine is less than 36. 
</P>
<P>(b) An application for alternative mine rescue capability shall be submitted to the District Manager for the district in which the mine is located for review and approval.
</P>
<P>(c) Each application for an alternative mine rescue capability shall contain:
</P>
<P>(1) The number of miners employed underground at the mine on each shift;
</P>
<P>(2) The distances from the two nearest mine rescue stations;
</P>
<P>(3) The total underground employment of mines within two hours ground travel time of the operator's mine; 
</P>
<P>(4) The operator's mine fire, ground, and roof control history;
</P>
<P>(5) The operator's established escape and evacuation plan;
</P>
<P>(6) A statement by the operator evaluating the usefulness of additional refuge chambers to supplement those which may exist;
</P>
<P>(7) A statement by the operator as to the number of miners willing to serve on a mine rescue team;
</P>
<P>(8) The operator's alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground; and
</P>
<P>(9) Other relevant information about the operator's mine which may be requested by the District Manager.
</P>
<P>(d) A copy of the operator's application shall be posted at the mine. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the application.
</P>
<P>(e) In determining whether to approve an application for alternative compliance, the District Manager shall consider:
</P>
<P>(1) The individual circumstances of the small and remote mine;
</P>
<P>(2) Comments submitted by, or on behalf of, any affected miner; and
</P>
<P>(3) Whether the alternative mine rescue plan provides a suitable rescue capability at the operator's mine.
</P>
<P>(f) Where alternative compliance is approved by MSHA, the operator shall adopt the alternative plan and post a copy of the approved plan (with appropriate MSHA mine emergency telephone numbers) at the mine for the miners' information. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the approved plan.
</P>
<P>(g) The operator shall notify the District Manager of any changed condition or factor materially affecting information submitted in the application for alternative mine rescue capability.
</P>
<P>(h)(1) An approved plan for alternative mine rescue capability shall be subject to revocation or modification for cause by MSHA, where it is determined that a condition or factor has changed which would materially alter the operator's mine rescue capability. If such action is contemplated, the operator will be notified, and given an opportunity to be heard before the appropriate District Manager.
</P>
<P>(2) If an application for alternative compliance is denied or revoked, the District Manager shall provide the reason for such denial or revocation in writing to the operator. The operator may appeal this decision in writing to the Administrator for Metal and Nonmetal Mine Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210.
</P>
<CITA TYPE="N">[45 FR 47002, July 11, 1980, as amended at 67 FR 38385, June 4, 2002; 80 FR 52986, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 49.4" NODE="30:1.0.1.5.27.1.1.4" TYPE="SECTION">
<HEAD>§ 49.4   Alternative mine rescue capability for special mining conditions.</HEAD>
<P>(a) If an underground mine is operating under special mining conditions, the operator may provide an alternative mine rescue capability.
</P>
<P>(b) An application for alternative mine rescue capability shall be submitted to the District Manager for the district in which the mine is located for review and approval.
</P>
<P>(c) To be considered “operating under special mining conditions,” the operator must show that all of the following conditions are present:
</P>
<P>(1) The mine has multiple adits or entries;
</P>
<P>(2) The mined substance is noncombustible and the mining atmosphere nonexplosive;
</P>
<P>(3) There are multiple vehicular openings to all active mine areas, sufficient to allow fire and rescue vehicles full access to all parts of the mine in which miners work or travel;
</P>
<P>(4) Roadways or other openings are not supported or lined with combustible materials; 
</P>
<P>(5) The mine shall not have a history of flammable-gas emission or accumulation, and the mined substance shall not have a history associated with flammable or toxic gas problems; and 
</P>
<P>(6) Any reported gas or oil well or exploratory drill hole shall be plugged to within 100 feet above and below the horizon of the ore body or seam. 
</P>
<P>(d) Each application shall contain: 
</P>
<P>(1) An explanation of the special mining conditions;
</P>
<P>(2) The number of miners employed underground at the mine on each shift;
</P>
<P>(3) The distances from the two nearest mine rescue stations;
</P>
<P>(4) The operator's mine fire history;
</P>
<P>(5) The operator's established escape and evacuation plan; 
</P>
<P>(6) The operator's alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground; and
</P>
<P>(7) Other relevant information about the operator's mine which may be requested by the District Manager. 
</P>
<P>(e) A copy of the operator's application shall be posted at the mine. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the application. 
</P>
<P>(f) In determining whether to approve an application for alternative compliance, the District Manager shall consider: 
</P>
<P>(1) The individual circumstances of the mine operating under special mining conditions;
</P>
<P>(2) Comments submitted by, or on behalf of, any affected miner; and
</P>
<P>(3) Whether the alternative mine rescue plan provides a suitable rescue capability at the operator's mine. 
</P>
<P>(g) Where alternative compliance is approved by MSHA the operator shall adopt the alternative plan and post a copy of the approved plan (with appropriate MSHA mine emergency telephone numbers) at the mine for the miners' information. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the alternative plan. 
</P>
<P>(h) The operator shall notify the District Manager of any changed condition or factor materially affecting information submitted in the application for alternative mine rescue capability. 
</P>
<P>(i)(1) An approved plan for alternative mine rescue capability shall be subject be to revocation or modification by MSHA, where it is determined that a condition or factor has changed which would materially alter the operator's mine rescue capability. If such action is contemplated, the operator will be notified and given an opportunity to be heard before the appropriate District Manager. 
</P>
<P>(2) If an application for alternative compliance is denied or revoked, the District Manager shall provide the reason for such denial or revocation in writing to the operator. The operator may appeal this decision in writing to the Administrator for Metal and Nonmetal Mine Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210.
</P>
<CITA TYPE="N">[45 FR 47002, July 11, 1980, as amended at 67 FR 38385, June 4, 2002; 80 FR 52986, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 49.5" NODE="30:1.0.1.5.27.1.1.5" TYPE="SECTION">
<HEAD>§ 49.5   Mine rescue station.</HEAD>
<P>(a) Except where alternative compliance is permitted, every operator of an underground mine shall designate, in advance, the location of the mine rescue station serving the mine. 
</P>
<P>(b) Mine rescue stations are to provide a centralized storage location for rescue equipment. This centralized storage location may be either at the mine site, affiliated mines, or a separate mine rescue structure. 
</P>
<P>(c) Mine rescue stations shall provide a proper storage environment to assure equipment readiness for immediate use. 
</P>
<P>(d) Authorized representatives of the Secretary shall have the right of entry to inspect any designated mine rescue station. 


</P>
</DIV8>


<DIV8 N="§ 49.6" NODE="30:1.0.1.5.27.1.1.6" TYPE="SECTION">
<HEAD>§ 49.6   Equipment and maintenance requirements.</HEAD>
<P>(a) Each mine rescue station shall be provided with at least the following equipment:
</P>
<P>(1) Twelve self-contained breathing apparatus, each with a minimum of 4 hours capacity (approved by MSHA and NIOSH under 42 CFR Part 84, Subpart H), and any necessary equipment for testing such breathing apparatus;
</P>
<P>(2) A portable supply of liquid air, liquid oxygen, pressurized oxygen, or oxygen generating chemicals, and carbon dioxide absorbent chemicals, applicable to the supplied breathing apparatus and sufficient to sustain each team for eight hours while using the breathing apparatus during rescue operations.
</P>
<P>(3) Two extra, fully-charged oxygen bottles for every six self-contained breathing apparatus;
</P>
<P>(4) One oxygen pump or a cascading system, compatible with the supplied breathing apparatus;
</P>
<P>(5) Twelve permissible cap lamps and a charging rack;
</P>
<P>(6) Four gas detectors appropriate for each type of gas that may be encountered at the mines served. Gas detectors must measure concentrations of methane from 0.0 percent to 100 percent of volume, oxygen from 0.0 percent to at least 20 percent of volume, and carbon monoxide from 0.0 parts per million to at least 9,999 parts per million.
</P>
<P>(7) [Reserved]
</P>
<P>(8) One portable mine rescue communication system (approved under part 23 of this title) or a sound-powered communication system.
</P>
<P>(i) The wires or cable to the communication system shall be of sufficient tensile strength to be used as a manual communication system.
</P>
<P>(ii) These communication systems shall be at least 1,000 feet in length.
</P>
<P>(9) Necessary spare parts and tools for repairing the breathing apparatus and communication system.
</P>
<P>(b) Mine rescue apparatus and equipment shall be maintained in a manner that will ensure readiness for immediate use.
</P>
<P>(1) A person trained in the use and care of breathing apparatus shall inspect and test the apparatus at intervals not exceeding 30 days and shall certify by signature and date that the inspections and tests were done.
</P>
<P>(2) When the inspection indicates that a corrective action is necessary, the corrective action shall be made and the person shall record the corrective action taken.
</P>
<P>(3) The certification and the record of corrective action shall be maintained at the mine rescue station for a period of one year and made available on request to an authorized representative of the Secretary.
</P>
<CITA TYPE="N">[73 FR 53123, Sept. 15, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 49.7" NODE="30:1.0.1.5.27.1.1.7" TYPE="SECTION">
<HEAD>§ 49.7   Physical requirements for mine rescue team.</HEAD>
<P>(a) Each member of a mine rescue team shall be examined annually by a physician who shall certify that each person is physically fit to perform mine rescue and recovery work for prolonged periods under strenuous conditions. The first such physical examination shall be completed within 60 days prior to scheduled initial training. A team member requiring corrective eyeglasses will not be disqualified provided the eyeglasses can be worn securely within an approved facepiece. 
</P>
<P>(b) In determining whether a miner is physically capable of performing mine rescue duties, the physician shall take the following conditions into consideration: 
</P>
<P>(1) Seizure disorder;
</P>
<P>(2) Perforated eardrum; 
</P>
<P>(3) Hearing loss without a hearing aid greater than 40 decibels at 400, 1,000 and 2,000 Hz;
</P>
<P>(4) Repeated blood pressure (controlled or uncontrolled by medication) reading which exceeds 160 systolic, or 100 diastolic, or which is less than 105 systolic, or 60 diastolic; 
</P>
<P>(5) Distant visual acuity (without glasses) less than 20/50 Snellen scale in one eye, and 20/70 in the other; 
</P>
<P>(6) Heart disease; 
</P>
<P>(7) Hernia; 
</P>
<P>(8) Absence of a limb or hand; or
</P>
<P>(9) Any other condition which the examining physician determines is relevant to the question of whether the miner is fit for rescue team service; 
</P>
<P>(c) The operator shall have MSHA Form 5000-3 certifying medical fitness completed and signed by the examining physician for each member of a mine rescue team. These forms shall be kept on file at the mine rescue station for a period of one year. 


</P>
</DIV8>


<DIV8 N="§ 49.8" NODE="30:1.0.1.5.27.1.1.8" TYPE="SECTION">
<HEAD>§ 49.8   Training for mine rescue teams.</HEAD>
<P>(a) Prior to serving on a mine rescue team each member shall complete, at a minimum, an initial 20-hour course of instruction as prescribed by MSHA's Office of Educational Policy and Development, in the use, care, and maintenance of the type of breathing apparatus which will be used by the mine rescue team. The initial training requirement is waived for those miners on a mine rescue team on the effective date of this rule. 
</P>
<P>(b) Upon completion of the initial training, all team members shall receive at least 40 hours of refresher training annually. This training shall be given at least 4 hours each month, or for a period of 8 hours every two months. This training shall include: 
</P>
<P>(1) Sessions underground at least once each 6 months; 
</P>
<P>(2) The wearing and use of the breathing apparatus by team members for a period of at least two hours while under oxygen every two months; 
</P>
<P>(3) Where applicable, the use, care, capabilities, and limitations of auxiliary mine rescue equipment, or a different breathing apparatus; 
</P>
<P>(4) Advanced mine rescue training and procedures; as prescribed by MSHA's Office of Educational Policy and Development; and 
</P>
<P>(5) Mine map training and ventilation procedures. 
</P>
<P>(c) A mine rescue team member will be ineligible to serve on a team if more than 8 hours of training is missed during one year, unless additional training is received to make up for the time missed. 
</P>
<P>(d) The training courses required by this section shall be conducted by instructors who have been employed in an underground mine for a minimum of one year within the past five years, and who have received MSHA approval through: 
</P>
<P>(1) Completion of an MSHA or State approved instructor's training course and the program of instruction in the subject matter to be taught. 
</P>
<P>(2) Designation by the District Manager as approved instructors to teach specific courses, based on their qualifications and teaching experience. Previously approved instructors need not be re-designated to teach the approved courses as long as they have taught those courses within the 24 months prior to the effective date of this part. Where individuals are designated, the District Manager may waive the underground experience requirement. 
</P>
<P>(e) The District Manager may revoke an instructor's approval for good cause. A written statement revoking the approval together with reasons for revocation shall be provided the instructor. The affected instructor may appeal the decision of the District Manager by writing to the Administrator for Metal and Nonmetal Mine Safety and Health, MSHA, 200 Constitution Avenue NW, Washington, DC 20210. The Administrator shall issue a decision on the appeal. 
</P>
<P>(f) Upon request from the District Manager, the operator shall provide information concerning the schedule of upcoming training. 
</P>
<P>(g) A record of training of each team member shall be on file at the mine rescue station for a period of one year.
</P>
<CITA TYPE="N">[45 FR 47002, July 11, 1980, as amended at 47 FR 23641, May 28, 1982; 47 FR 28095, June 29, 1982; 67 FR 38385, June 4, 2002; 80 FR 52986, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 49.9" NODE="30:1.0.1.5.27.1.1.9" TYPE="SECTION">
<HEAD>§ 49.9   Mine emergency notification plan.</HEAD>
<P>(a) Each underground mine shall have a mine rescue notification plan outlining the procedures to follow in notifying the mine rescue teams when there is an emergency that requires their services. 
</P>
<P>(b) A copy of the mine rescue notification plan shall be posted at the mine for the miners' information. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the plan.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.5.27.2" TYPE="SUBPART">
<HEAD>Subpart B—Mine Rescue Teams for Underground Coal Mines</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 7648, Feb. 8, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 49.11" NODE="30:1.0.1.5.27.2.1.1" TYPE="SECTION">
<HEAD>§ 49.11   Purpose and scope.</HEAD>
<P>(a) This subpart implements the provisions of section 115(e) of the Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response (MINER) Act of 2006. Every operator of an underground coal mine shall assure the availability of mine rescue capability for purposes of emergency rescue and recovery.
</P>
<P>(b) The following Table 49.11 summarizes the new requirements for mine rescue teams contained in section 4 of the MINER Act.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 49.11—Summary of New Miner Act Requirements for Underground Coal Mine Operators and Mine Rescue Teams
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Requirement
</TH><TH class="gpotbl_colhed" colspan="4" scope="col">Type of mine rescue team
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Mine-site
</TH><TH class="gpotbl_colhed" scope="col">Composite
</TH><TH class="gpotbl_colhed" scope="col">Contract
</TH><TH class="gpotbl_colhed" scope="col">State-
<br/>sponsored
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Team members must participate at least annually in two local mine rescue contests</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Team members must participate in mine rescue training at each mine covered by the mine rescue team. A portion of the training must be conducted underground</TD><TD align="left" class="gpotbl_cell">Annually at Large Mines; Semi-annually at Small Mines</TD><TD align="left" class="gpotbl_cell">Semi-annually</TD><TD align="left" class="gpotbl_cell">Quarterly at Large Mines; Semi-annually at Small Mines</TD><TD align="left" class="gpotbl_cell">Annually at Large Mines; Semi-annually at Small Mines.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Team must be available at the mine within 1 hour ground travel time from the mine rescue station</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Team members must be knowledgeable about the operations and ventilation of each covered mine</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell">YES.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Team must include at least two active employees from each covered large mine and at least one active employee from each covered small mine</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Team must be comprised of persons with a minimum of 3 years underground coal mine experience that shall have occurred within the 10-year period preceding their employment on the contract mine rescue team</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">YES</TD><TD align="left" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" colspan="5" scope="row">All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team that is either an individual mine-site mine rescue team or a composite team.
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">Team members of State-sponsored teams who are full-time State employees whose primary job duties include (1) inspecting underground mines for compliance with State safety laws or (2) training mine rescue teams or (3) other similar duties that would enhance their mine rescue knowledge may substitute their regular job experience for 50 percent of the training requirements for non-State employee mine rescue team members, except these team members must participate in two local mine rescue contests and train at the covered mine in accordance with § 49.20(b).</P></DIV></DIV>
<CITA TYPE="N">[73 FR 7648, Feb. 8, 2008, as amended at 74 FR 28608, June 17, 2009]


</CITA>
</DIV8>


<DIV8 N="§ 49.12" NODE="30:1.0.1.5.27.2.1.2" TYPE="SECTION">
<HEAD>§ 49.12   Availability of mine rescue teams.</HEAD>
<P>(a) Except where alternative compliance is permitted for small and remote mines (§ 49.13), every operator of an underground mine shall:
</P>
<P>(1) Establish at least two mine rescue teams which are available at all times when miners are underground; or
</P>
<P>(2) Enter into an arrangement for mine rescue services which assures that at least two mine rescue teams are available at all times when miners are underground.
</P>
<P>(b) Each mine rescue team shall consist of five members and one alternate who are fully qualified, trained, and equipped for providing emergency mine rescue service. Mine rescue teams for anthracite coal mines, which have no electrical equipment at the face or working section, shall consist of at least three members per team and one alternate that may be shared between both teams.
</P>
<P>(c) To be considered for membership on a mine rescue team, each person must have been employed in an underground mine for a minimum of 1 year within the past 5 years, except that members of contract mine rescue teams shall have a minimum of 3 years underground coal mine experience that shall have occurred within the 10-year period preceding their employment on the contract mine rescue team. For the purpose of mine rescue work only, miners who are employed on the surface but work regularly underground shall meet the experience requirement. The underground experience requirement is waived for those miners on a mine rescue team on February 8, 2008.
</P>
<P>(d) Each operator shall arrange, in advance, ground transportation for rescue teams and equipment to the mine or mines served.
</P>
<P>(e) The required rescue capability shall be present at all existing underground mines, upon initial excavation of a new underground mine entrance, or the re-opening of an existing underground mine.
</P>
<P>(f) No mine served by a mine rescue team shall be located more than 1 hour ground travel time from the mine rescue station with which the rescue team is associated.
</P>
<P>(g) As used in this subpart, mine rescue teams shall be considered available where teams are capable of presenting themselves at the mine site(s) within a reasonable time after notification of an occurrence which might require their services. Rescue team members will be considered available even though performing regular work duties or in an off-duty capacity. The requirement that mine rescue teams be available shall not apply when teams are participating in mine rescue contests or providing services to another mine.
</P>
<P>(h) Each operator of an underground mine who provides rescue teams under this section shall send the District Manager a statement describing the mine's method of compliance with this subpart. The statement shall disclose whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams. The name of the provider and the location of the services shall be included in the statement. A copy of the statement shall be posted at the mine for the miners' information. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the statement.


</P>
</DIV8>


<DIV8 N="§ 49.13" NODE="30:1.0.1.5.27.2.1.3" TYPE="SECTION">
<HEAD>§ 49.13   Alternative mine rescue capability for small and remote mines.</HEAD>
<P>(a) If an underground mine is small and remote, an operator may provide for an alternative mine rescue capability consistent with statutory requirements. For the purposes of this subpart only, consideration for small and remote shall be given where the total underground employment of the operator's mine and any surrounding mine(s) within 1 hour ground travel time of the operator's mine is less than 36.
</P>
<P>(b) An application for alternative mine rescue capability shall be submitted to the District Manager for the district in which the mine is located for review and approval.
</P>
<P>(c) Each application for an alternative mine rescue capability shall contain:
</P>
<P>(1) The number of miners employed underground at the mine on each shift;
</P>
<P>(2) The location of the designated mine rescue station serving the mine;
</P>
<P>(3) The total underground employment of mines within 1 hour ground travel time of the operator's mine;
</P>
<P>(4) The operator's mine fire, ground, and roof control history;
</P>
<P>(5) The operator's established escape and evacuation plan;
</P>
<P>(6) A statement by the operator evaluating the usefulness of additional refuge chambers to supplement those which may exist;
</P>
<P>(7) A statement by the operator as to the number of miners willing to serve on a mine rescue team;
</P>
<P>(8) The operator's alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground; and
</P>
<P>(9) Other relevant information about the operator's mine which may be requested by the District Manager.
</P>
<P>(d) A copy of the operator's application shall be posted at the mine. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the application.
</P>
<P>(e) In determining whether to approve an application for alternative compliance, the District Manager shall consider:
</P>
<P>(1) The individual circumstances of the small and remote mine;
</P>
<P>(2) Comments submitted by, or on behalf of, any affected miner; and
</P>
<P>(3) Whether the alternative mine rescue plan provides a suitable rescue capability at the operator's mine.
</P>
<P>(f) Where alternative compliance is approved by MSHA, the operator shall adopt the alternative plan and post a copy of the approved plan (with appropriate MSHA mine emergency telephone numbers) at the mine for the miners' information. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the approved plan.
</P>
<P>(g) The operator shall notify the District Manager of any changed condition or factor materially affecting information submitted in the application for alternative mine rescue capability.
</P>
<P>(h)(1) An approved plan for alternative mine rescue capability shall be subject to revocation or modification for cause by MSHA, where it is determined that a condition or factor has changed which would materially alter the operator's mine rescue capability. If such action is contemplated, the operator will be notified, and given an opportunity to be heard before the appropriate District Manager.
</P>
<P>(2) If an application for alternative compliance is denied or revoked, the District Manager shall provide the reason for such denial or revocation in writing to the operator. The operator may appeal this decision in writing to the Administrator for Coal Mine Safety and Health.


</P>
</DIV8>


<DIV8 N="§ 49.14" NODE="30:1.0.1.5.27.2.1.4" TYPE="SECTION">
<HEAD>§ 49.14   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 49.15" NODE="30:1.0.1.5.27.2.1.5" TYPE="SECTION">
<HEAD>§ 49.15   Mine rescue station.</HEAD>
<P>(a) Every operator of an underground mine shall designate, in advance, the location of the mine rescue station serving the mine.
</P>
<P>(b) Mine rescue stations are to provide a centralized storage location for rescue equipment. This centralized storage location may be either at the mine site, affiliated mines, or a separate mine rescue structure.
</P>
<P>(c) Mine rescue stations shall provide a proper storage environment to assure equipment readiness for immediate use.
</P>
<P>(d) Authorized representatives of the Secretary shall have the right of entry to inspect any designated mine rescue station.


</P>
</DIV8>


<DIV8 N="§ 49.16" NODE="30:1.0.1.5.27.2.1.6" TYPE="SECTION">
<HEAD>§ 49.16   Equipment and maintenance requirements.</HEAD>
<P>(a) Each mine rescue station shall be provided with at least the following equipment. Mine rescue stations serving underground anthracite coal mines, which have no electrical equipment at the face or working section, shall have at least the amount of equipment appropriate for the number of mine rescue team members.
</P>
<P>(1) Twelve self-contained breathing apparatus, each with a minimum of 4 hours capacity (approved by MSHA and NIOSH under 42 CFR part 84, subpart H), and any necessary equipment for testing such breathing apparatus.
</P>
<P>(2) A portable supply of liquid air, liquid oxygen, pressurized oxygen, or oxygen generating chemicals, and carbon dioxide absorbent chemicals, as applicable to the supplied breathing apparatus and sufficient to sustain each team for 8 hours while using the breathing apparatus during rescue operations.
</P>
<P>(3) Two extra, fully-charged oxygen bottles for every six self-contained breathing apparatus.
</P>
<P>(4) One oxygen pump or a cascading system, compatible with the supplied breathing apparatus.
</P>
<P>(5) Twelve permissible cap lamps and a charging rack.
</P>
<P>(6) Four gas detectors appropriate for each type of gas that may be encountered at the mines served. Gas detectors must measure concentrations of methane from 0.0 percent to 100 percent of volume, oxygen from 0.0 percent to at least 20 percent of volume, and carbon monoxide from 0.0 parts per million to at least 9,999 parts per million.
</P>
<P>(7) [Reserved]
</P>
<P>(8) One portable mine rescue communication system (approved under part 23 of this title) or a sound-powered communication system.
</P>
<P>(i) The wires or cable to the communication system shall be of sufficient tensile strength to be used as a manual communication system.
</P>
<P>(ii) These communication systems shall be at least 1,000 feet in length.
</P>
<P>(9) Necessary spare parts and tools for repairing the breathing apparatus and communication system.
</P>
<P>(b) Mine rescue apparatus and equipment shall be maintained in a manner that will ensure readiness for immediate use.
</P>
<P>(1) A person trained in the use and care of breathing apparatus shall inspect and test the apparatus at intervals not exceeding 30 days and shall certify by signature and date that the inspections and tests were done.
</P>
<P>(2) When the inspection indicates that a corrective action is necessary, the corrective action shall be made and the person shall record the corrective action taken.
</P>
<P>(3) The certification and the record of corrective action shall be maintained at the mine rescue station for a period of 1 year and made available on request to an authorized representative of the Secretary.
</P>
<CITA TYPE="N">[73 FR 53123, Sept. 15, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 49.17" NODE="30:1.0.1.5.27.2.1.7" TYPE="SECTION">
<HEAD>§ 49.17   Physical requirements for mine rescue team.</HEAD>
<P>(a) Each member of a mine rescue team shall be examined annually by a physician who shall certify that each person is physically fit to perform mine rescue and recovery work for prolonged periods under strenuous conditions. The first such physical examination shall be completed within 60 days prior to scheduled initial training. A team member requiring corrective eyeglasses will not be disqualified provided the eyeglasses can be worn securely within an approved facepiece.
</P>
<P>(b) In determining whether a miner is physically capable of performing mine rescue duties, the physician shall take the following conditions into consideration:
</P>
<P>(1) Seizure disorder;
</P>
<P>(2) Perforated eardrum;
</P>
<P>(3) Hearing loss without a hearing aid greater than 40 decibels at 400, 1000, and 2000 Hz;
</P>
<P>(4) Repeated blood pressure (controlled or uncontrolled by medication) reading which exceeds 160 systolic, or 100 diastolic, or which is less than 105 systolic, or 60 diastolic;
</P>
<P>(5) Distant visual acuity (without glasses) less than 20/50 Snellen scale in one eye, and 20/70 in the other;
</P>
<P>(6) Heart disease;
</P>
<P>(7) Hernia;
</P>
<P>(8) Absence of a limb or hand; or
</P>
<P>(9) Any other condition which the examining physician determines is relevant to the question of whether the miner is fit for rescue team service.
</P>
<P>(c) The operator shall have MSHA Form 5000-3 (available at <I>http://www.msha.gov</I>) certifying medical fitness completed and signed by the examining physician for each member of a mine rescue team. These forms shall be kept on file at the mine rescue station for a period of 1 year.


</P>
</DIV8>


<DIV8 N="§ 49.18" NODE="30:1.0.1.5.27.2.1.8" TYPE="SECTION">
<HEAD>§ 49.18   Training for mine rescue teams.</HEAD>
<P>(a) Prior to serving on a mine rescue team each member shall complete, at a minimum, an initial 20-hour course of instruction as prescribed by MSHA's Office of Educational Policy and Development, in the use, care, and maintenance of the type of breathing apparatus which will be used by the mine rescue team.
</P>
<P>(b) Upon completion of the initial training, all team members shall receive at least 96 hours of refresher training annually, which shall include participation in local mine rescue contests and training at the covered mine. Training shall be given at least 8 hours every 2 months and shall consist of:
</P>
<P>(1) Sessions underground at least once each 6 months;
</P>
<P>(2) The wearing and use of the breathing apparatus by team members for a period of at least 2 hours while under oxygen every 2 months;
</P>
<P>(3) Where applicable, the use, care, capabilities, and limitations of auxiliary mine rescue equipment, or a different breathing apparatus;
</P>
<P>(4) Advanced mine rescue training and procedures, as prescribed by MSHA's Office of Educational Policy and Development;
</P>
<P>(5) Mine map training and ventilation procedures; and
</P>
<P>(6) The wearing of mine rescue apparatus while in smoke, simulated smoke, or an equivalent environment at least once during each 12-month period.
</P>
<P>(c) A mine rescue team member will be ineligible to serve on a team if more than 8 hours of training is missed during 1 year, unless additional training is received to make up for the time missed.
</P>
<P>(d) The training courses required by this section shall be conducted by instructors who have been employed in an underground mine and have had a minimum of 1 year experience as a mine rescue team member or a mine rescue instructor within the past 5 years, and who have received MSHA approval through:
</P>
<P>(1) Completion of an MSHA or State approved instructor's training course and the program of instruction in the subject matter to be taught.
</P>
<P>(2) Designation by the District Manager as approved instructors to teach specific courses, based on their qualifications and teaching experience outlined above. Previously approved instructors need not be re-designated to teach the approved courses as long as they have taught those courses within the 24 months prior to the effective date of this part.
</P>
<P>(e) The District Manager may revoke an instructor's approval for good cause. A written statement revoking the approval together with reasons for revocation shall be provided the instructor. The affected instructor may appeal the decision of the District Manager by writing to the Administrator for Coal Safety and Health. The Administrator shall issue a decision on the appeal.
</P>
<P>(f) Upon request from the District Manager, the operator shall provide information concerning the schedule of upcoming training.
</P>
<P>(g) A record of training of each team member shall be on file at the mine rescue station for a period of 1 year.


</P>
</DIV8>


<DIV8 N="§ 49.19" NODE="30:1.0.1.5.27.2.1.9" TYPE="SECTION">
<HEAD>§ 49.19   Mine emergency notification plan.</HEAD>
<P>(a) Each underground mine shall have a mine rescue notification plan outlining the procedures to follow in notifying the mine rescue teams when there is an emergency that requires their services.
</P>
<P>(b) A copy of the mine rescue notification plan shall be posted at the mine for the miners' information. Where a miners' representative has been designated, the operator shall also provide the representative with a copy of the plan.


</P>
</DIV8>


<DIV8 N="§ 49.20" NODE="30:1.0.1.5.27.2.1.10" TYPE="SECTION">
<HEAD>§ 49.20   Requirements for all coal mines.</HEAD>
<P>(a) The operator of each underground coal mine shall make available two certified mine rescue teams whose members—
</P>
<P>(1) Are familiar with the operations of the mine, and
</P>
<P>(2) Participate at least annually in two local mine rescue contests.
</P>
<P>(b) Team members shall meet the following:
</P>
<P>(1) <I>Mine-site team.</I> Members who work at the mine and participate in mine rescue training at the mine at least annually at large mines and at least semi-annually at small mines.
</P>
<P>(2) <I>Composite team.</I> A mine rescue team that covers multiple mines and whose members—
</P>
<P>(i) Include at least two members from each covered large mine and at least one member from each covered small mine,
</P>
<P>(ii) Are knowledgeable about the operations and ventilation of each covered underground coal mine, and
</P>
<P>(iii) Participate in mine rescue training at each covered mine at least semi-annually.
</P>
<P>(3) <I>Contract team.</I> A mine rescue team that is provided by an arrangement with another coal mine or with a third party and whose members—
</P>
<P>(i) Are knowledgeable about the operations and ventilation of each covered underground coal mine, and
</P>
<P>(ii) Participate in mine rescue training at each covered large mine at least quarterly and at each covered small mine at least semi-annually.
</P>
<P>(4) <I>State-sponsored team.</I> Members who are state employees and participate in mine rescue training at each covered mine at least annually at large mines and at least semi-annually at small mines.
</P>
<P>(c) For the purpose of mine rescue team membership, a member employed by an operator of multiple mines is considered to be an employee of each mine at which the member regularly works.
</P>
<P>(d) For the purpose of mine rescue team training at each covered mine, a portion of the training must be conducted underground.
</P>
<CITA TYPE="N">[73 FR 7648, Feb. 8, 2008, as amended at 74 FR 28609, June 17, 2009]


</CITA>
</DIV8>


<DIV8 N="§ 49.30" NODE="30:1.0.1.5.27.2.1.11" TYPE="SECTION">
<HEAD>§ 49.30   Requirements for small coal mines.</HEAD>
<P>At mines with 36 or fewer underground employees, mine rescue team members shall be knowledgeable about the operations and ventilation of each covered mine.


</P>
</DIV8>


<DIV8 N="§ 49.40" NODE="30:1.0.1.5.27.2.1.12" TYPE="SECTION">
<HEAD>§ 49.40   Requirements for large coal mines.</HEAD>
<P>At mines with more than 36 underground employees, one of the two certified mine rescue teams shall be an individual mine-site team or a composite team.


</P>
</DIV8>


<DIV8 N="§ 49.50" NODE="30:1.0.1.5.27.2.1.13" TYPE="SECTION">
<HEAD>§ 49.50   Certification of coal mine rescue teams.</HEAD>
<P>(a) For each mine rescue team designated to provide mine rescue coverage at an underground coal mine, the mine operator shall send the District Manager an annual statement certifying that each team meets the requirements of this subpart as listed in the following Table 49.50-A and Table 49.50-B.
</P>
<P>(b) The operator shall notify the District Manager within 60 days of any change in team membership.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 49.50-A—Initial Criteria To Certify the Qualifications of Mine Rescue Teams
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Qualification 
</TH><TH class="gpotbl_colhed" scope="col">Criteria
<br/>(30 CFR)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Team is available at all times when miners are underground</TD><TD align="left" class="gpotbl_cell">49.12(a); 49.12(g)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Except where alternative compliance is permitted, team has five members and one alternate</TD><TD align="left" class="gpotbl_cell">49.12(b)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Members have experience working in an underground coal mine</TD><TD align="left" class="gpotbl_cell">49.12(c)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Team is available within 1-hour ground travel time from the mine rescue station to the mine</TD><TD align="left" class="gpotbl_cell">49.12(f)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Appropriate mine rescue equipment is provided, inspected, tested, and maintained</TD><TD align="left" class="gpotbl_cell">49.16
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Members are physically fit</TD><TD align="left" class="gpotbl_cell">49.17
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Members have completed initial training</TD><TD align="left" class="gpotbl_cell">49.18(a)</TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 49.50-B—Annual Criteria To Maintain Mine Rescue Team Certification
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Qualification
</TH><TH class="gpotbl_colhed" scope="col">Criteria
<br/>(30 CFR)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Members are properly trained annually</TD><TD align="left" class="gpotbl_cell">49.18(b)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Members are familiar with the operations of each covered mine</TD><TD align="left" class="gpotbl_cell">49.20(a)(1)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Members participate in at least two local mine rescue contests annually. Judges certify results</TD><TD align="left" class="gpotbl_cell">49.20(a)(2)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Members participate in mine rescue training at each covered mine</TD><TD align="left" class="gpotbl_cell">49.20(b)(1); 49.20(b)(2)(iii); 49.20(b)(3)(ii); 49.20(b)(4)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Members are knowledgeable about the operations and ventilation of each covered mine</TD><TD align="left" class="gpotbl_cell">49.20(b)(2)(ii); 49.20(b)(3)(i); 49.30</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 49.60" NODE="30:1.0.1.5.27.2.1.14" TYPE="SECTION">
<HEAD>§ 49.60   Requirements for a local mine rescue contest.</HEAD>
<P>(a) A local mine rescue contest is one that—
</P>
<P>(1) Is conducted in the United States;
</P>
<P>(2) Uses MSHA-recognized rules;
</P>
<P>(3) Has a minimum of three mine rescue teams competing;
</P>
<P>(4) Has one or more problems conducted on one or more days with a determined winner;
</P>
<P>(5) Includes team members who—
</P>
<P>(i) Have the necessary equipment to participate in a simulated mine rescue team exercise,
</P>
<P>(ii) Participate in a simulated mine rescue team exercise while being timed and observed by trained judges who evaluate the performance of each team and provide written feedback, and
</P>
<P>(iii) Wear oxygen breathing apparatus while participating in a simulated mine rescue team exercise; and
</P>
<P>(6) Includes contest judges who have completed annual training for mine rescue contest judges.
</P>
<P>(b) A local mine rescue contest is training that provides an objective evaluation of demonstrated mine rescue team skills and can be a Mine Emergency Response Development (MERD) exercise or a practical simulation exercise, such as a fire or explosion drill, where the team participates in simulated mine rescue team exercises and wears breathing apparatus.
</P>
<P>(c) Upon request from the District Manager, the operator shall provide information concerning each designated team's schedule of participation in upcoming local mine rescue contests.


</P>
</DIV8>


<DIV9 N="Appendix to" NODE="30:1.0.1.5.27.2.1.15.4" TYPE="APPENDIX">
<HEAD>Appendix to Subpart B of Part 49—Optional Form for Certifying Mine Rescue Teams

</HEAD>
<img src="/graphics/er08fe08.000.gif"/>
<img src="/graphics/er08fe08.001.gif"/>
</DIV9>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="I" NODE="30:1.0.1.6" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER I—ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND PRODUCTION IN MINES


</HEAD>

<DIV5 N="50" NODE="30:1.0.1.6.28" TYPE="PART">
<HEAD>PART 50—NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN MINES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>29 U.S.C. 557(a); 30 U.S.C. 811, 813(j), 951, 957, 961.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 65535, Dec. 30, 1977, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.6.28.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 50.1" NODE="30:1.0.1.6.28.1.1.1" TYPE="SECTION">
<HEAD>§ 50.1   Purpose and scope.</HEAD>
<P>This part 50 implements sections 103(e) and 111 of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. 801 <I>et seq.,</I> and sections 4 and 13 of the Federal Metal and Nonmetallic Mine Safety Act, 30 U.S.C. 721 <I>et seq.,</I> and applies to operators of coal, metal, and nonmetallic mines. It requires operators to immediately notify the Mine Safety and Health Administration (MSHA) of accidents, requires operators to investigate accidents, and restricts disturbance of accident related areas. This part also requires operators to file reports pertaining to accidents, occupational injuries and occupational illnesses, as well as employment and coal production data, with MSHA, and requires operators to maintain copies of reports at relevant mine offices. The purpose of this part is to implement MSHA's authority to investigate, and to obtain and utilize information pertaining to, accidents, injuries, and illnesses occurring or originating in mines. In utilizing information received under part 50, MSHA will develop rates of injury occurrence (incident rates or IR), on the basis of 200,000 hours of employee exposure (equivalent to 100 employees working 2,000 hours per year). The incidence rate for a particular injury category will be based on the formula: 
</P>
<FP-2>IR = (number of cases × 200,000) divided by hours of employee exposure. 
</FP-2>
<FP>MSHA will develop data respecting injury severity using days away from work or days of restricted work activity and the 200,000 hour base as criteria. The severity measure (SM) for a particular injury category will be based on the formula: 
</FP>
<FP-2>SM = (sum of days × 200,000) divided by hours of employee exposure.
</FP-2>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 43 FR 12318, Mar. 24, 1978; 71 FR 16666, Apr. 3, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 50.2" NODE="30:1.0.1.6.28.1.1.2" TYPE="SECTION">
<HEAD>§ 50.2   Definitions.</HEAD>
<P>As used in this part: 
</P>
<P>(a) <I>Mine</I> means: (1) An area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground (2) private ways and roads appurtenant to such area, and (3) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting such minerals from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of such minerals, or the work of preparing coal or other minerals, and includes custom coal preparation facilities. 
</P>
<P>(b) <I>Work of preparing the coal</I> means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite, and such other work of preparing such coal as is usually done by the operator of the coal mine. 
</P>
<P>(c) <I>Operator</I> means 
</P>
<P>(1) Any owner, lessee, or other person who operates, controls, or supervises a coal mine; or, 
</P>
<P>(2) The person, partnership, association, or corporation, or subsidiary of a corporation operating a metal or nonmetal mine, and owning the right to do so, and includes any agent thereof charged with responsibility for the operation of such mine. 
</P>
<P>(d) <I>Miner</I> means any individual working in a mine. 
</P>
<P>(e) <I>Occupational injury</I> means any injury to a miner which occurs at a mine for which medical treatment is administered, or which results in death or loss of consciousness, inability to perform all job duties on any day after an injury, temporary assignment to other duties, or transfer to another job. 
</P>
<P>(f) <I>Occupational illness</I> means an illness or disease of a miner which may have resulted from work at a mine or for which an award of compensation is made. 
</P>
<P>(g) <I>First aid</I> means one-time treatment, and any follow-up visit for observational purposes, of a minor injury.
</P>
<P>(h) <I>Accident</I> means:
</P>
<P>(1) A death of an individual at a mine;
</P>
<P>(2) An injury to an individual at a mine which has a reasonable potential to cause death;
</P>
<P>(3) An entrapment of an individual for more than 30 minutes or which has a reasonable potential to cause death; 
</P>
<P>(4) An unplanned inundation of a mine by a liquid or gas;
</P>
<P>(5) An unplanned ignition or explosion of gas or dust;
</P>
<P>(6) In underground mines, an unplanned fire not extinguished within 10 minutes of discovery; in surface mines and surface areas of underground mines, an unplanned fire not extinguished within 30 minutes of discovery;
</P>
<P>(7) An unplanned ignition or explosion of a blasting agent or an explosive;
</P>
<P>(8) An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or, an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage;
</P>
<P>(9) A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour;
</P>
<P>(10) An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area; or, failure of an impoundment, refuse pile, or culm bank;
</P>
<P>(11) Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than thirty minutes; and
</P>
<P>(12) An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs.
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 43 FR 12318, Mar. 24, 1978; 69 FR 26499, May 13, 2004; 71 FR 71452, Dec. 8, 2006] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.6.28.2" TYPE="SUBPART">
<HEAD>Subpart B—Notification, Investigation, Preservation of Evidence</HEAD>


<DIV8 N="§ 50.10" NODE="30:1.0.1.6.28.2.1.1" TYPE="SECTION">
<HEAD>§ 50.10   Immediate notification.</HEAD>
<P>The operator shall immediately contact MSHA at once without delay and within 15 minutes at the toll-free number, 1-800-746-1553, once the operator knows or should know that an accident has occurred involving:
</P>
<P>(a) A death of an individual at the mine;
</P>
<P>(b) An injury of an individual at the mine which has a reasonable potential to cause death;
</P>
<P>(c) An entrapment of an individual at the mine which has a reasonable potential to cause death; or
</P>
<P>(d) Any other accident.
</P>
<CITA TYPE="N">[74 FR 68919, Dec. 29, 2009]


</CITA>
</DIV8>


<DIV8 N="§ 50.11" NODE="30:1.0.1.6.28.2.1.2" TYPE="SECTION">
<HEAD>§ 50.11   Investigation.</HEAD>
<P>(a) After notification of an accident by an operator, the MSHA District Manager will promptly decide whether to conduct an accident investigation and will promptly inform the operator of his decision. If MSHA decides to investigate an accident, it will initiate the investigation within 24 hours of notification.
</P>
<P>(b) Each operator of a mine shall investigate each accident and each occupational injury at the mine. Each operator of a mine shall develop a report of each investigation. No operator may use Form 7000-1 as a report, except that an operator of a mine at which fewer than twenty miners are employed may, with respect to that mine, use Form 7000-1 as an investigation report respecting an occupational injury not related to an accident. No operator may use an investigation or an investigation report conducted or prepared by MSHA to comply with this paragraph. An operator shall submit a copy of any investigation report to MSHA at its request. Each report prepared by the operator shall include,
</P>
<P>(1) The date and hour of occurrence;
</P>
<P>(2) The date the investigation began;
</P>
<P>(3) The names of individuals participating in the investigation;
</P>
<P>(4) A description of the site;
</P>
<P>(5) An explanation of the accident or injury, including a description of any equipment involved and relevant events before and after the occurrence, and any explanation of the cause of any injury, the cause of any accident or cause of any other event which caused an injury;
</P>
<P>(6) The name, occupation, and experience of any miner involved;
</P>
<P>(7) A sketch, where pertinent, including dimensions depicting the occurrence;
</P>
<P>(8) A description of steps taken to prevent a similar occurrence in the future; and
</P>
<P>(9) Identification of any report submitted under § 50.20 of this part.
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26499, May 13, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 50.12" NODE="30:1.0.1.6.28.2.1.3" TYPE="SECTION">
<HEAD>§ 50.12   Preservation of evidence.</HEAD>
<P>Unless granted permission by a MSHA District Manager, no operator may alter an accident site or an accident related area until completion of all investigations pertaining to the accident except to the extent necessary to rescue or recover an individual, prevent or eliminate an imminent danger, or prevent destruction of mining equipment.
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 69 FR 26499, May 13, 2004]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.6.28.3" TYPE="SUBPART">
<HEAD>Subpart C—Reporting of Accidents, Injuries, and Illnesses</HEAD>


<DIV8 N="§ 50.20" NODE="30:1.0.1.6.28.3.1.1" TYPE="SECTION">
<HEAD>§ 50.20   Preparation and submission of MSHA Report Form 7000-1—Mine Accident, Injury, and Illness Report.</HEAD>
<P>(a) Each operator shall maintain at the mine office a supply of MSHA Mine Accident, Injury, and Illness Report Form 7000-1. These may be obtained from the MSHA District Office. Each operator shall report each accident, occupational injury, or occupational illness at the mine. The principal officer in charge of health and safety at the mine or the supervisor of the mine area in which an accident or occupational injury occurs, or an occupational illness may have originated, shall complete or review the form in accordance with the instructions and criteria in §§ 50.20-1 through 50.20-7. If an occupational illness is diagnosed as being one of those listed in § 50.20-6(b)(7), the operator must report it under this part. The operator shall mail completed forms to MSHA within ten working days after an accident or occupational injury occurs or an occupational illness is diagnosed. When an accident specified in § 50.10 occurs, which does not involve an occupational injury, sections A, B, and items 5 through 12 of section C of Form 7000-1 shall be completed and mailed to MSHA in accordance with the instructions in § 50.20-1 and criteria contained in §§ 50.20-4 through 50.20-6.
</P>
<P>(b) Each operator shall report each occupational injury or occupational illness on one set of forms. If more than one miner is injured in the same accident or is affected simultaneously with the same occupational illness, an operator shall complete a separate set of forms for each miner affected. To the extent that the form is not self-explanatory, an operator shall complete the form in accordance with the instructions in § 50.20-1 and criteria contained in §§ 50.20-2 through 50.20-7.
</P>
<SECAUTH TYPE="N">(Secs. 103 (a) and (h), and 508, Pub. L. 91-173, as amended by Pub. L. 95-164, 91 Stat. 1297, 1299, 83 Stat. 803 (30 U.S.C. 801, 813, 957)) 
</SECAUTH>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977, as amended at 44 FR 52828, Sept. 11, 1979; 60 FR 35695, July 11, 1995; 69 FR 26499, May 13, 2004] 


</CITA>
</DIV8>


<DIV8 N="§ 50.20-1" NODE="30:1.0.1.6.28.3.1.2" TYPE="SECTION">
<HEAD>§ 50.20-1   General instructions for completing MSHA Form 7000-1.</HEAD>
<P>Each Form 7000-1 consists of four sheets, an original and three copies. The original form shall be mailed to: MSHA Office of Injury and Employment Information, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225, within ten working days after an accident, occupational injury or occupational illness. At the same time, the first copy shall be mailed to the appropriate local MSHA district office. If the first copy does not contain a completed Section D—Return to Duty Information—the second copy shall be retained by the operator until the miner returns to work or a final disposition is made respecting the miner. When the miner returns to work or a final disposition is made, the operator shall, within five days, complete Section D and mail the second copy to the MSHA Office of Injury and Employment Information at the above address. A third copy, containing all the information in the first and second copies shall be retained at the mine office closest to the mine for a period of five years. You may also submit reports by facsimile, 888-231-5515. To file electronically, follow the instructions on MSHA Internet site, <I>http://www.msha.gov.</I> For assistance in electronic filing, contact the MSHA help desk at 877-778-6055.
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978; 60 FR 35695, July 11, 1995, as amended at 69 FR 26499, May 13, 2004; 71 FR 16666, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 50.20-2" NODE="30:1.0.1.6.28.3.1.3" TYPE="SECTION">
<HEAD>§ 50.20-2   Criteria—“Transfer to another job.”</HEAD>
<P>“Transfer to another job” means transfers, either temporary, or permanent, which are occasioned by a work-related injury or illness. Permanent or temporary transfers to remove miners from further exposure to health hazards are considered preventative in nature and are not required to be reported. Controlling the amount of exposure to radiation during some period of time is one example. Transfer of a coal miner to a less dusty area of a mine when the miner elects to exercise rights under Section 203(b) of the Federal Coal Mine Health and Safety Act of 1969 is another example.


</P>
</DIV8>


<DIV8 N="§ 50.20-3" NODE="30:1.0.1.6.28.3.1.4" TYPE="SECTION">
<HEAD>§ 50.20-3   Criteria—Differences between medical treatment and first aid.</HEAD>
<P>(a) Medical treatment includes, but is not limited to, the suturing of any wound, treatment of fractures, application of a cast or other professional means of immobilizing an injured part of the body, treatment of infection arising out of an injury, treatment of bruise by the drainage of blood, surgical removal of dead or damaged skin (debridement), amputation or permanent loss of use of any part of the body, treatment of second and third degree burns. Procedures which are diagnostic in nature are not considered by themselves to constitute medical treatments. Visits to a physician, physical examinations, X-ray examinations, and hospitalization for observations, where no evidence of injury or illness is found and no medical treatment given, do not in themselves constitute medical treatment. Procedures which are preventive in nature also are not considered by themselves to constitute medical treatment. Tetanus and flu shots are considered preventative in nature. First aid includes any one-time treatment, and follow-up visit for the purpose of observation, of minor injuries such as, cuts, scratches, first degree burns and splinters. Ointments, salves, antiseptics, and dressings to minor injuries are considered to be first aid.
</P>
<P>(1) <I>Abrasion.</I> (i) First aid treatment is limited to cleaning a wound, soaking, applying antiseptic and nonprescription medication and bandages on the first visit and follow-up visits limited to observation including changing dressing and bandages. Additional cleaning and application of antiseptic constitutes first aid where it is required by work duties that soil the bandage.
</P>
<P>(ii) Medical treatment includes examination for removal of imbedded foreign material, multiple soakings, whirlpool treatment, treatment of infection, or other professional treatments and any treatment involving more than a minor spot-type injury. Treatment of abrasions occurring to greater than full skin depth is considered medical treatment.
</P>
<P>(2) <I>Bruises.</I> (i) First aid treatment is limited to a single soaking or application of cold compresses, and follow-up visits if they are limited only to observation.
</P>
<P>(ii) Medical treatment includes multiple soakings, draining of collected blood, or other treatment beyond observation.
</P>
<P>(3) <I>Burns, Thermal and Chemical (resulting in destruction of tissue by direct contact).</I> (i) First aid treatment is limited to cleaning or flushing the surface, soaking, applying cold compresses, antiseptics or nonprescription medications, and bandaging on the first visit, and follow-up visits restricted to observation, changing bandages, or additional cleaning. Most first degree burns are amenable to first aid treatment.
</P>
<P>(ii) Medical treatment includes a series of treatments including soaks, whirlpool, skin grafts, and surgical debridement (cutting away dead skin). Most second and third degree burns require medical treatment.
</P>
<P>(4) <I>Cuts and Lacerations.</I> (i) First aid treatment is the same as for abrasions except the application of butterfly closures for cosmetic purposes only can be considered first aid.
</P>
<P>(ii) Medical treatment includes the application of butterfly closures for non-cosmetic purposes, sutures, (stitches), surgical debridement, treatment of infection, or other professional treatment.
</P>
<P>(5) <I>Eye Injuries.</I> (i) First aid treatment is limited to irrigation, removal of foreign material not imbedded in eye, and application of nonprescription medications. A precautionary visit (special examination) to a physician is considered as first aid if treatment is limited to above items, and follow-up visits if they are limited to observation only.
</P>
<P>(ii) Medical treatment cases involve removal of imbedded foreign objects, use of prescription medications, or other professional treatment.
</P>
<P>(6) <I>Inhalation of Toxic or Corrosive Gases.</I> (i) First aid treatment is limited to removal of the miner to fresh air or the one-time administration of oxygen for several minutes.
</P>
<P>(ii) Medical treatment consists of any professional treatment beyond that mentioned under first aid and all cases involving loss of consciousness.
</P>
<P>(7) <I>Foreign Objects.</I> (i) First aid treatment is limited to cleaning the wound, removal of any foreign object by tweezers or other simple techniques, application of antiseptics and nonprescription medications, and bandaging on the first visit. Follow-up visits are limited to observation including changing of bandages. Additional cleaning and applications of antiseptic constitute first aid where it is required by work duties that soil the bandage.
</P>
<P>(ii) Medical treatment consists of removal of any foreign object by physician due to depth of imbedment, size or shape of object, or location of wound. Treatment for infection, treatment of a reaction to tetanus booster, or other professional treatment, is considered medical treatment.
</P>
<P>(8) <I>Sprains and Strains.</I> (i) First aid treatment is limited to soaking, application of cold compresses, and use of elastic bandages on the first visit. Follow-up visits for observation, including reapplying bandage, are first aid.
</P>
<P>(ii) Medical treatment includes a series of hot and cold soaks, use of whirlpools, diathermy treatment, or other professional treatment.
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977; 43 FR 12318, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 50.20-4" NODE="30:1.0.1.6.28.3.1.5" TYPE="SECTION">
<HEAD>§ 50.20-4   Criteria—MSHA Form 7000-1, Section A.</HEAD>
<P>(a) <I>MSHA I.D. number.</I> Enter the seven digit number assigned to the mine operation by MSHA. If the number is unknown, the nearest MSHA District Office should be contacted.
</P>
<P>(b) <I>Mine name.</I> Enter the exact name of the operation to which the MSHA I.D. number was assigned.
</P>
<P>(c) <I>Company name.</I> Enter the name of the mining company submitting this report or, if not a company, the operator's name.
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26499, May 13, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 50.20-5" NODE="30:1.0.1.6.28.3.1.6" TYPE="SECTION">
<HEAD>§ 50.20-5   Criteria—MSHA Form 7000-1, Section B.</HEAD>
<P>(a) This section shall be completed for all accidents immediately reported to MSHA as defined in § 50.10. Circle the code from the following list which best defines the accident:
</P>
<EXTRACT>
<FP-1>Code 01—A death of an individual at a mine;
</FP-1>
<FP-1>Code 02—An injury to an individual at a mine which has a reasonable potential to cause death;
</FP-1>
<FP-1>Code 03—An entrapment of an individual for more than 30 minutes;
</FP-1>
<FP-1>Code 04—An unplanned mine inundation by a liquid or gas;
</FP-1>
<FP-1>Code 05—An unplanned ignition or explosion of dust or gas;
</FP-1>
<FP-1>Code 06—An unplanned mine fire not extinguished within 30 minutes of discovery;
</FP-1>
<FP-1>Code 07—An unplanned ignition of a blasting agent or an explosive;
</FP-1>
<FP-1>Code 08—An unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use; or a roof or rib fall on active workings that impairs ventilation or impedes passage;
</FP-1>
<FP-1>Code 09—A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining activity for more than one hour;
</FP-1>
<FP-1>Code 10—An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area; or, failure of an impoundment, refuse pile, or culm bank; 
</FP-1>
<FP-1>Code 11—Damage to hoisting equipment in a shaft or slope which endangers an individual or which interferes with use of the equipment for more than thirty minutes; and
</FP-1>
<FP-1>Code 12—An event at a mine which causes death or bodily injury to an individual not at the mine at the time the event occurs.</FP-1></EXTRACT>
</DIV8>


<DIV8 N="§ 50.20-6" NODE="30:1.0.1.6.28.3.1.7" TYPE="SECTION">
<HEAD>§ 50.20-6   Criteria—MSHA Form 7000-1, Section C.</HEAD>
<P>(a) Complete items 5 through 12 for each accident, occupational injury, or occupational illness.
</P>
<P>(1) Item 5. Location and mining method. Circle the appropriate location code that was nearest to the location of the accident injury or illness. If the accident injury or illness occurred at the surface, circle only the surface location code in column (a). If the accident injury or illness occurred underground, circle only the underground location code in column (b). Where applicable, circle the underground mining method code in column (c). Applicable codes for columns (a), (b), and (c) are as follows:
</P>
<P>(i) Column (a)—Surface location codes. If the accident injury or illness occurred at the surface of a mine, circle one of the following codes which best describes where the accident injury or illness occurred and ignore columns (b) and (c):
</P>
<EXTRACT>
<FP-1>Code 02—Surface shop, yard, etc., at an underground mine; 
</FP-1>
<FP-1>Code 30—Mill operation, preparation plant, or breaker, including associated shops and yards; 
</FP-1>
<FP-1>Code 03—Surface strip or open pit mine, including shop and yard;
</FP-1>
<FP-1>Code 04—Surface auger coal operation on a coal mine, including shop and yard;
</FP-1>
<FP-1>Code 05—Surface culm bank or refuse pile at a coal mine, including shop and yard; 
</FP-1>
<FP-1>Code 06—Dredge mining, including shop and yard; 
</FP-1>
<FP-1>Code 12—Other surface mining;
</FP-1>
<FP-1>Code 17—Independent shops;
</FP-1>
<FP-1>Code 99—Office facilities.</FP-1></EXTRACT>
<P>(ii) Column (b)—Underground location codes. If the accident injury or illness occurred underground, circle the one code which best describes where the accident injury or illness occurred:
</P>
<EXTRACT>
<FP-1>Code 01—Vertical shaft;
</FP-1>
<FP-1>Code 02—Slope/Inclined shaft;
</FP-1>
<FP-1>Code 03—Face;
</FP-1>
<FP-1>Code 04—Intersection;
</FP-1>
<FP-1>Code 05—Underground Shop/Office;
</FP-1>
<FP-1>Code 06—Other.</FP-1></EXTRACT>
<P>(iii) Column (c)—Underground mining method. If the underground accident injury or illness occurred on a working section or working place, enter the code for the mining method at that working section or working place:
</P>
<EXTRACT>
<FP-1>Code 01—Longwall;
</FP-1>
<FP-1>Code 02—Shortwall;
</FP-1>
<FP-1>Code 03—Conventional/stoping;
</FP-1>
<FP-1>Code 05—Continuous Miners;
</FP-1>
<FP-1>Code 06—Hand Loading;
</FP-1>
<FP-1>Code 07—Caving;
</FP-1>
<FP-1>Code 08—Other.</FP-1></EXTRACT>
<P>(2) Item 6. Date of accident injury or illness. Enter the date the accident injury or illness occurred.
</P>
<P>(3) Item 9. Describe fully the conditions contributing to the accident injury or illness and quantify the damage or impairment. Describe what happened and the reasons therefor, identify the factors which led or contributed to the accident, injury or illness and identify any damage or impairment to the mining operation. The narrative shall clearly specify the actual cause or causes of the accident injury or illness and shall include the following:
</P>
<P>(i) Whether the accident injury or illness involved any aspect of compliance with rules and regulations;
</P>
<P>(ii) Whether the accident injury or illness involved mine equipment or the mining system;
</P>
<P>(iii) Whether the accident injury or illness involved job skills and miner proficiency, training and attitude; and
</P>
<P>(iv) Whether the accident injury or illness involved protective items relating to clothing, or protective devices on equipment.
</P>
<P>(4) Item 10. If equipment was involved in the accident, injury or illness specify type (loader, shuttle car, dozer, etc.), name of manufacturer, and equipment model number.
</P>
<P>(5) Item 11. Name of witness to accident injury or illness. If any miner witnessed the accident injury or illness, enter the name.
</P>
<P>(b) Complete items 13-27 for each occupational injury, or occupational illness.
</P>
<P>(1) Item 13. Name of injured/ill miner. Enter the miner's name (first, middle initial, and last).
</P>
<P>(2) Item 17. Regular job title. Enter the miner's regular job title. For example: “shuttle car operator”.
</P>
<P>(3) Item 19. Check if this injury/illness resulted in permanent total or partial disability.
</P>
<P>(i) “Permanent total disability.” The classification for any injury or illness other than death which permanently and totally incapacitates an employee from following any gainful occupation or which results in the loss, or the complete loss of use, of any of the following in one accident injury or illness:
</P>
<P>(A) Both eyes;
</P>
<P>(B) One eye and one hand, or arm, or leg, or foot;
</P>
<P>(C) Any two of the following not on the same limb: hand, arm, foot, or leg.
</P>
<P>(ii) “Permanent partial disability.” The classification for any injury or illness other than death or permanent total disability which results in the loss, or complete loss of use, of any member or part of a member of the body, or any permanent impairment of functions of the body or part thereof, regardless of any preexisting disability of the affected member or impaired body function.
</P>
<P>(4) Item 20. What directly inflicted injury or illness. Name the object or substance which directly affected the miner. For example: the machine or thing struck against or which struck the miner; the vapor or poison inhaled or swallowed; the chemical or non-ionizing radiation which irritated the skin; or in cases of strains or hernias, the thing lifted or pulled.
</P>
<P>(5) Item 21. Nature of injury or illness. For injuries, use commonly used medical terms to answer this question such as puncture wound, third degree burn, fracture, dislocation, amputation. For multiple injuries, enter the injury which was the most serious. For illness, name the illness, such as pneumoconiosis, silicosis. Avoid general terms such as “hurt”, “sore”, “sick”.
</P>
<P>(6) Item 22. Part of body injured or affected. Name the part of the body with the most serious injury. For example, if an injured employee has a bruised finger and a broken ankle, write “ankle”. If amputation, enter part of the body lost.
</P>
<P>(7) Item 23. Occupational Illness. Circle the code from the list below which most accurately describes the illness. These are typical examples and are not to be considered the complete listing of the types of illnesses and disorders that should be included under each category. In cases where the time of onset of illness is in doubt, the day of diagnosis of illness will be considered as the first day of illness.
</P>
<P>(i) Code 21—<I>Occupational Skin Diseases or Disorders.</I> Examples: Contact dermatitis, eczema, or rash caused by primary irritants and sensitizers or poisonous plants; oil acne; chrome ulcers; chemical burns or inflammations.
</P>
<P>(ii) Code 22—<I>Dust Diseases of the Lungs (Pneumoconioses).</I> Examples: Silicosis, asbestosis, coal worker's pneumoconiosis, and other pneumoconioses.
</P>
<P>(iii) Code 23—<I>Respiratory Conditions due to Toxic Agents.</I> Examples: Pneumonitis, pharyngitis, rhinitis, or acute congestion due to chemicals, dusts, gases, or fumes.
</P>
<P>(iv) Code 24—<I>Poisoning (Systemic Effects of Toxic Materials).</I> Examples: Poisoning by lead, mercury, cadmium, arsenic, or other metals, poisoning by carbon monoxide, hydrogen sulfide or other gases; poisoning by benzol, carbon tetrachloride, or other organic solvents; poisoning by insecticide sprays such as parathion, lead arsenate; poisoning by other chemicals such as formaldehyde, plastics and resins.
</P>
<P>(v) Code 25—<I>Disorders Due to Physical Agents (Other than Toxic Materials).</I> Examples: Heatstroke, sunstroke, heat exhaustion and other effects of environmental heat; freezing, frostbite and effects of exposure to low temperatures; caisson disease; effects of ionizing radiation (radon daughters, non-medical, non-therapeutic X-rays, radium); effects of nonionizing radiation (welding flash, ultra-violet rays, micro-waves, sunburn).
</P>
<P>(vi) Code 26—<I>Disorders Associated with Repeated Trauma.</I> Examples: Noise-induced hearing loss; synovitis, tenosynovitis, and bursitis; Raynaud's phenomena; and other conditions due to repeated motion, vibration or pressure.
</P>
<P>(vii) Code 29—<I>All Other Occupational Illnesses.</I> Examples: Infectious hepatitis, malignant and benign tumors, any form of cancer, kidney diseases, food poisoning, histoplasmosis.
</P>
<P>(8) Item 24. Miner's work activity when injury or illness occurred. Describe exactly the activity of the injured miner when the occupational injury or occupational illness occurred. For example: “Setting temporary support prior to drilling holes for roof bolts.”
</P>
<SECAUTH TYPE="N">(Secs. 103 (a) and (h), and 508, Pub. L. 91-173, as amended by Pub. L. 95-164, 91 Stat. 1297, 1299, 83 Stat. 803 (30 U. S. C. 801, 813, 957)) 
</SECAUTH>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977; 43 FR 1617, Jan. 11, 1978, as amended at 44 FR 52828, Sept. 11, 1979; 69 FR 26499, May 13, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 50.20-7" NODE="30:1.0.1.6.28.3.1.8" TYPE="SECTION">
<HEAD>§ 50.20-7   Criteria—MSHA Form 7000-1, Section D.</HEAD>
<P>This section requires information concerning the miner's return to duty.
</P>
<P>(a) Item 28. Permanently transferred or terminated. Check this block if the miner's employment was terminated or if the miner was permanently transferred to another regular job as a direct result of the occupational injury or occupational illness.
</P>
<P>(b) Item 29. Show the date that the injured person returned to his regular job at full capacity (not to restricted work activity) or was transferred or terminated.
</P>
<P>(c) Item 30. Number of days away from work. Enter the number of work-days, consecutive or not, on which the miner would have worked but could not because of occupational injury or occupational illness. The number of days away from work shall not include the day of injury or onset of illness or any days on which the miner would not have worked even though able to work. If an employee loses a day from work solely because of the unavailability of professional medical personnel for initial observation or treatment and not as a direct consequence of the injury or illness, the day should not be counted as a day away from work.
</P>
<P>(d) Item 31. Number of days of restricted work activity. Enter the number of workdays, consecutive or not, on which because of occupational injury or occupational illness:
</P>
<P>(1) The miner was assigned to another job on a temporary basis;
</P>
<P>(2) The miner worked at a permanent job less than full time; or
</P>
<P>(3) The miner worked at a permanently assigned job but could not perform all duties normally connected with it. The number of days of restricted work activity shall not include the day of injury or onset of illness, or any days the miner did not work even though able to work.
</P>
<FP>If an injured or ill employee receives scheduled follow-up medical treatment or observation which results in the loss of a full workday solely because of the unavailability of professional medical personnel, it will not be counted as a day of restricted work activity. Days of restricted work activity end as the result of any of the following:
</FP>
<P>(i) The miner returns to his regularly scheduled job and performs all of its duties for a full day or shift;
</P>
<P>(ii) The miner is permanently transferred to another permanent job (which shall be reported under Item 28, Permanently Transferred or Terminated). If this happens, even though the miner could not perform this original job any longer, the Days of Restricted Work Activity will stop; or
</P>
<P>(iii) The miner is terminated or leaves the mine. (Termination shall also be reported under Item 28, Permanently Transferred or Terminated). 


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.6.28.4" TYPE="SUBPART">
<HEAD>Subpart D—Quarterly Employment and Coal Production Report</HEAD>


<DIV8 N="§ 50.30" NODE="30:1.0.1.6.28.4.1.1" TYPE="SECTION">
<HEAD>§ 50.30   Preparation and submission of MSHA Form 7000-2—Quarterly Employment and Coal Production Report.</HEAD>
<P>(a) Each operator of a mine in which an individual worked during any day of a calendar quarter shall complete a MSHA Form 7000-2 in accordance with the instructions and criteria in § 50.30-1 and submit the original to the MSHA Office of Injury and Employment Information, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225, within 15 days after the end of each calendar quarter. These forms may be obtained from the MSHA District Office. Each operator shall retain an operator's copy at the mine office nearest the mine for 5 years after the submission date. You may also submit reports by facsimile, 888-231-5515. To file electronically, follow the instructions on MSHA Internet site, <I>http://www.msha.gov.</I> For assistance in electronic filing, contact the MSHA help desk at 877-778-6055.
</P>
<P>(b) Each operator of a coal mine in which an individual worked during any day of a calendar quarter shall report coal production on Form 7000-2.
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977, as amended at 60 FR 35695, July 11, 1995; 69 FR 26499, May 13, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 50.30-1" NODE="30:1.0.1.6.28.4.1.2" TYPE="SECTION">
<HEAD>§ 50.30-1   General instructions for completing MSHA Form 7000-2.</HEAD>
<P>(a) <I>MSHA I.D. Number</I> is the 7-digit number assigned to the mine operation by MSHA. Any questions regarding the appropriate I.D. number to use should be directed to your local MSHA District Office. 
</P>
<P>(b) <I>Calendar Quarter:</I> First quarter is January, February, and March. Second quarter is April, May, and June. Third quarter is July, August, and September. Fourth quarter is October, November, and December. 
</P>
<P>(c) <I>County</I> is the name of the county, borough, or independent city in which the operation is located. 
</P>
<P>(d) <I>Operation Name</I> is the specific name of the mine or plant to which the MSHA I.D. number was assigned and for which the quarterly employment report is being submitted.
</P>
<P>(e) <I>Company Name</I> is the name of the operating company that this report pertains to.
</P>
<P>(f) <I>Mailing Address</I> is the address of the mine office where the quarterly employment report is to be retained. This should be as near the operation as possible.
</P>
<P>(g) <I>Employment, Employee Hours, and Coal Production</I>—(1) <I>Operation Sub-Unit:</I> (i) Underground Mine: Report data for your underground workers on the first line. If you have personnel working at the surface of your underground mine, report data for those persons on the second line;
</P>
<P>(ii) Surface Mine (Including Shops and Yards): Report on the appropriate line, employment and coal production for the mining operation. For surface mining sub-units 03, 04, 05 and 06, include all work associated with shops and yards;
</P>
<P>(iii) Mill Operations, Preparation Plants, Breakers: Report data on all persons employed at your milling (crushing, sizing, grinding, concentrating, etc.) operation, preparation plant, or breaker, including those working in associated shops and yards. (Do not include personnel reported in shops and yards associated with other sub-units.);
</P>
<P>(iv) Office: Include in this category employees who work principally at the mine or preparation facility office.
</P>
<P>(2) <I>Average number of persons working during quarter:</I> Show the average number of employees on the payroll during all active periods in the quarter. Include all classes of employees (supervisory, professional, technical proprietors, owners, operators, partners, and service personnel) on your payroll, full or part-time, Report Each Employee Under One Activity Only. For example: If one or more persons work both in the mine and the mill, report these employees under the activity where they spend most of their time. If necessary, estimate for the major activity. The average number may be computed by adding together the number of employees working during each pay period and then dividing by the number of pay periods. Do not include pay periods where no one worked. For example, during the quarter you had 5 pay periods where employees worked. The number of employees in each pay period was 10, 12, 13, 14 and 15 respectively. To compute the average, add the number of employees working each pay period (10 + 12 + 13 + 14 + 15 = 64). Then divide by the number of pay periods (64 divided by 5 = 12.8). Rounding this to the nearest whole number, we get 13 as the average number of persons working.
</P>
<P>(3) <I>Total employee-hours worked during the quarter:</I> Show the total hours worked by all employees during the quarter covered. Include all time where the employee was actually on duty, but exclude vacation, holiday, sick leave, and all other off-duty time, even though paid for. Make certain that each overtime hour is reported as one hour, and not as the overtime pay multiple for an hour of work. The hours reported should be obtained from payroll or other time records. If actual hours are not available, they may be estimated on the basis of scheduled hours. Make certain not to include hours paid but not worked.
</P>
<P>(4) <I>Production of clean coal (short tons):</I> This section is to be compiled only by operators of underground or surface mines, but not by operators of central or independent coal preparation plants or operators of metal or nonmetal mines. Enter the total production of clean coal from the mine. This must include coal shipped from the mine and coal used for fuel at the mine, but exclude refuse and coal produced at another mine and purchased for use at the mine.
</P>
<P>(h) <I>Other Reportable Data.</I> Indicate the number of reportable injuries or illnesses occurring at your operation during the quarter covered by this report. Show the name, title, and telephone number of the person to be contacted regarding this report, and show the date that this report was completed. 
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977, as amended at 69 FR 26500, May 13, 2004]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.6.28.5" TYPE="SUBPART">
<HEAD>Subpart E—Maintenance of Records; Verification of Information</HEAD>


<DIV8 N="§ 50.40" NODE="30:1.0.1.6.28.5.1.1" TYPE="SECTION">
<HEAD>§ 50.40   Maintenance of records.</HEAD>
<P>(a) Each operator of a mine shall maintain a copy of each investigation report required to be prepared under § 50.11 at the mine office closest to the mine for five years after the concurrence.
</P>
<P>(b) Each operator shall maintain a copy of each report submitted under § 50.20 or § 50.30 at the mine office closest to the mine for five years after submission. Upon request by the Mine Safety and Health Administration, an operator shall make a copy of any report submitted under § 50.20 or § 50.30 available to MSHA for inspection or copying.
</P>
<CITA TYPE="N">[42 FR 65535, Dec. 30, 1977, as amended at 43 FR 12318, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 50.41" NODE="30:1.0.1.6.28.5.1.2" TYPE="SECTION">
<HEAD>§ 50.41   Verification of reports.</HEAD>
<P>Upon request by MSHA, an operator shall allow MSHA to inspect and copy information related to an accident, injury or illnesses which MSHA considers relevant and necessary to verify a report of investigation required by § 50.11 of this part or relevant and necessary to a determination of compliance with the reporting requirements of this part.


</P>
</DIV8>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="J [RESERVED]   " NODE="30:1.0.1.7" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER J [RESERVED]


</HEAD>
</DIV4>


<DIV4 N="K" NODE="30:1.0.1.8" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER K—METAL AND NONMETAL MINE SAFETY AND HEALTH


</HEAD>

<DIV5 N="56" NODE="30:1.0.1.8.29" TYPE="PART">
<HEAD>PART 56—SAFETY AND HEALTH STANDARDS—SURFACE METAL AND NONMETAL MINES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>50 FR 4054, Jan. 29, 1985, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.8.29.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 56.1" NODE="30:1.0.1.8.29.1.36.1" TYPE="SECTION">
<HEAD>§ 56.1   Purpose and scope.</HEAD>
<P>This part 56 sets forth mandatory safety and health standards for each surface metal or nonmetal mine, including open pit mines, subject to the Federal Mine Safety and Health Act of 1977. The purpose of these standards is the protection of life, the promotion of health and safety, and the prevention of accidents.


</P>
</DIV8>


<DIV8 N="§ 56.2" NODE="30:1.0.1.8.29.1.36.2" TYPE="SECTION">
<HEAD>§ 56.2   Definitions.</HEAD>
<P>The following definitions apply in this part. In addition definitions contained in any subpart of part 56 apply in that subpart. If inconsistent with the general definitions in this section, the definition in the subpart will apply in that subpart:
</P>
<P><I>American Table of Distances</I> means the current edition of “The American Table of Distances for Storage of Explosives” published by the Institute of Makers of Explosives.
</P>
<P><I>Approved</I> means tested and accepted for a specific purpose by a nationally recognized agency.
</P>
<P><I>Attended</I> means presence of an individual or continuous monitoring to prevent unauthorized entry or access.
</P>
<P><I>Authorized person</I> means a person approved or assigned by mine management to perform a specific type of duty or duties or to be at a specific location or locations in the mine.
</P>
<P><I>Barricaded</I> means obstructed to prevent the passage of persons, vehicles, or flying materials.
</P>
<P><I>Barrier</I> means a material object, or objects that separates, keeps apart, or demarcates in a conspicuous manner such as cones, a warning sign, or tape.
</P>
<P><I>Berm</I> means a pile or mound of material along an elevated roadway capable of moderating or limiting the force of a vehicle in order to impede the vehicle's passage over the bank of the roadway.
</P>
<P><I>Blast area</I> means the area in which concussion (shock wave), flying material, or gases from an explosion may cause injury to persons. In determining the blast area, the following factors shall be considered:
</P>
<P>(1) Geology or material to be blasted.
</P>
<P>(2) Blast pattern.
</P>
<P>(3) Burden, depth, diameter, and angle of the holes.
</P>
<P>(4) Blasting experience of the mine.
</P>
<P>(5) Delay system, powder factor, and pounds per delay.
</P>
<P>(6) Type and amount of explosive material.
</P>
<P>(7) Type and amount of stemming.
</P>
<P><I>Blast site</I> means the area where explosive material is handled during loading, including the perimeter formed by the loaded blastholes and 50 feet (15.2 meters) in all directions from loaded holes. A minimum distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter) requirement if the perimeter of loaded holes is demarcated with a barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter) requirement also apply in all directions along the full depth of the hole.
</P>
<P><I>Blasting agent</I> means any substance classified as a blasting agent by the Department of Transportation in 49 CFR 173.114(a) (44 FR 31182, May 31, 1979) which is incorporated by reference. This document is available for inspection at each Metal and Nonmetal Safety and Health District Office of the Mine Safety and Health Administration, and may be obtained from the U.S. Government Printing Office, Washington, DC 20402.
</P>
<P><I>Blasting area</I> means the area near the blasting operations in which concussion or flying material can reasonably be expected to cause injury.
</P>
<P><I>Blasting cap</I> means a detonator which is initiated by a safety fuse.
</P>
<P><I>Blasting circuit</I> means the electrical circuit used to fire one or more electric blasting caps.
</P>
<P><I>Blasting switch</I> means a switch used to connect a power source to a blasting circuit.
</P>
<P><I>Booster</I> means any unit of explosive or blasting agent used for the purpose of perpetuating or intensifying an initial detonation.
</P>
<P><I>Capped fuse</I> means a length of safety fuse to which a blasting cap has been attached.
</P>
<P><I>Capped primer</I> means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator.
</P>
<P><I>Circuit breaker</I> means a device designed to open and close a circuit by nonautomatic means and to open the circuit automatically on a predetermined overcurrent setting without injury to itself when properly applied within its rating.
</P>
<P><I>Combustible</I> means capable of being ignited and consumed by fire.
</P>
<P><I>Combustible liquids</I> means liquids having a flash point at or above 100 °F (37.8 °C). They are divided into the following classes:
</P>
<P>(1) Class II liquids—those having flash points at or above 100 °F (37.8 °C) and below 140 °F (60 °C).
</P>
<P>(2) Class IIIA liquids—those having flash points at or above 140 °F (60 °C) and below 200 °F (93.4 °C).
</P>
<P>(3) Class IIIB liquids—those having flash points at or above 200 °F (93.4 °C).
</P>
<P><I>Combustible material</I> means a material that, in the form in which it is used and under the conditions anticipated, will ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat. Wood, paper, rubber, and plastics are examples of combustible materials.
</P>
<P><I>Company official</I> means a member of the company supervisory or technical staff.
</P>
<P><I>Competent person</I> means a person having abilities and experience that fully qualify him to perform the duty to which he is assigned.
</P>
<P><I>Conductor</I> means a material, usually in the form of a wire, cable, or bus bar, capable of carrying an electric current.
</P>
<P><I>Delay connector</I> means a non-electric short interval delay device for use in delaying blasts which are initiated by detonating cord.
</P>
<P><I>Detonating cord</I> means a flexible cord containing a solid core of high explosives.
</P>
<P><I>Detonator</I> means any device containing a detonating charge that is used to initiate an explosive and includes but is not limited to blasting caps, electric blasting caps and nonelectric instantaneous or delay blasting caps.
</P>
<P><I>Distribution box</I> means a portable apparatus with an enclosure through which an electric circuit is carried to one or more cables from a single incoming feed line, each cable circuit being connected through individual overcurrent protective devices.
</P>
<P><I>Electric blasting cap</I> means a detonator designed for and capable of being initiated by means of an electric current.
</P>
<P><I>Electrical grounding</I> means to connect with the ground to make the earth part of the circuit.
</P>
<P><I>Employee</I> means a person who works for wages or salary in the service of an employer.
</P>
<P><I>Employer</I> means a person or organization which hires one or more persons to work for wages or salary.
</P>
<P><I>Emulsion</I> means an explosive material containing substantial amounts of oxidizers dissolved in water droplets, surrounded by an immiscible fuel.
</P>
<P><I>Explosive</I> means any substance classified as an explosive by the Department of Transportation in 49 CFR 173.53, 173.88, and 173.100 which are incorporated by reference. Title 49 CFR is available for inspection at each Metal and Nonmetal Safety and Health district office of the Mine Safety and Health Administration, and may be obtained from the U.S. Government Printing Office, Washington, DC 20402.
</P>
<P><I>Explosive material</I> means explosives, blasting agents, and detonators.
</P>
<P><I>Face or bank</I> means that part of any mine where excavating is progressing or was last done.
</P>
<P><I>Fire resistance rating</I> means the time, in minutes or hours, that an assembly of materials will retain its protective characteristics or structural integrity upon exposure to fire.
</P>
<P><I>Flammable</I> means capable of being easily ignited and of burning rapidly.
</P>
<P><I>Flammable gas</I> means a gas that will burn in the normal concentrations of oxygen in the air.
</P>
<P><I>Flammable liquid</I> means a liquid that has a flash point below 100 °F (37.8 °C), a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 °F (37.8 °C), and is known as a Class I liquid.
</P>
<P><I>Flash point</I> means the minimum temperature at which sufficient vapor is released by a liquid or solid to form a flammable vapor-air mixture at atmospheric pressure.
</P>
<P><I>High potential</I> means more than 650 volts.
</P>
<P><I>Highway</I> means any public street, public alley, or public road.
</P>
<P><I>Hoist</I> means a power driven windlass or drum used for raising ore, rock, or other material from a mine, and for lowering or raising persons and material.
</P>
<P><I>Igniter cord</I> means a fuse, cordlike in appearance, which burns progressively along its length with an external flame at the zone of burning, and is used for lighting a series of safety fuses in the desired sequence.
</P>
<P><I>Insulated</I> means separated from other conducting surfaces by a dielectric substance permanently offering a high resistance to the passage of current and to disruptive discharge through the substance. When any substance is said to be insulated, it is understood to be insulated in a manner suitable for the conditions to which it is subjected. Otherwise, it is, within the purpose of this definition, uninsulated. Insulating covering is one means for making the conductor insulated.
</P>
<P><I>Insulation</I> means a dielectric substance offering a high resistance to the passage of current and to a disruptive discharge through the substance.
</P>
<P><I>Laminated partition</I> means a partition composed of the following material and minimum nominal dimensions: 
<FR>1/2</FR>-inch-thick plywood, 
<FR>1/2</FR>-inch-thick gypsum wallboard, 
<FR>1/8</FR>-inch-thick low carbon steel, and 
<FR>1/4</FR>-inch-thick plywood, bonded together in that order (IME-22 Box). A laminated partition also includes alternative construction materials described in the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; <I>https://www.ime.org.</I> This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P><I>Lay</I> means the distance parallel to the axis of the rope in which a strand makes one complete turn about the axis of the rope.
</P>
<P><I>Loading</I> means placing explosive material either in a blasthole or against the material to be blasted.
</P>
<P><I>Low potential</I> means 650 volts or less.
</P>
<P><I>Magazine</I> means a facility for the storage of explosives, blasting agents, or detonators.
</P>
<P><I>Major electrical installation</I> means an assemblage of stationary electrical equipment for the generation, transmission, distribution, or conversion of electrical power.
</P>
<P><I>Mantrip</I> means a trip on which persons are transported to and from a work area.
</P>
<P><I>Mill</I> includes any ore mill, sampling works, concentrator, and any crushing, grinding, or screening plant used at, and in connection with, an excavation or mine.
</P>
<P><I>Misfire</I> means the complete or partial failure of a blasting charge to explode as planned.
</P>
<P><I>Mobile equipment</I> means wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved.
</P>
<P><I>Multipurpose dry-chemical fire extinguisher</I> means an extinguisher having a rating of at least 2-A:10-B:C and containing a nominal 4.5 pounds or more of dry-chemical agent.
</P>
<P><I>Noncombustible material</I> means a material that, in the form in which it is used and under the conditions anticipated, will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat. Concrete, masonry block, brick, and steel are examples of noncombustible materials.
</P>
<P><I>Non-electric delay blasting cap</I> means a detonator with an integral delay element and capable of being initiated by miniaturized detonating cord.
</P>
<P><I>Overburden</I> means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined.
</P>
<P><I>Overload</I> means that current which will cause an excessive or dangerous temperature in the conductor or conductor insulation.
</P>
<P><I>Permissible</I> means a machine, material, apparatus, or device that has been investigated, tested, and approved by the Bureau of Mines or the Mine Safety and Health Administration and is maintained in permissible condition.
</P>
<P><I>Potable water</I> means water which shall meet the applicable minimum health requirements for drinking water established by the State or community in which the mine is located or by the Environmental Protection Agency in 40 CFR part 141, pages 169-182 revised as of July 1, 1977. Where no such requirements are applicable, the drinking water provided shall conform with the Public Health Service Drinking Water Standards, 42 CFR part 72, subpart J, pages 527-533, revised as of October 1, 1976. Publications to which references are made in this definition are hereby made a part hereof. These incorporated publications are available for inspection at each Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration.
</P>
<P><I>Powder chest</I> means a substantial, nonconductive portable container equipped with a lid and used at blasting sites for explosives other than blasting agents.
</P>
<P><I>Primer</I> means a unit, package, or cartridge of explosives used to initiate other explosives or blasting agents, and which contains a detonator.
</P>
<P><I>Reverse-current protection</I> means a method or device used on direct-current circuits or equipment to prevent the flow of current in the reverse direction.
</P>
<P><I>Rock fixture</I> means any tensioned or nontensioned device or material inserted into the ground to strengthen or support the ground.
</P>
<P><I>Roll protection</I> means a framework, safety canopy or similar protection for the operator when equipment over-turns.
</P>
<P><I>Safety can</I> means an approved container, of not over five gallons capacity, having a spring-closing lid and spout cover.
</P>
<P><I>Safety fuse</I> means a flexible cord containing an internal burning medium by which fire is conveyed at a continuous and uniform rate for the purpose of firing blasting caps or a black powder charge.
</P>
<P><I>Safety switch</I> means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area.
</P>
<P><I>Scaling</I> means removal of insecure material from a face or highwall.
</P>
<P><I>Secondary safety connection</I> means a second connection between a conveyance and rope, intended to prevent the conveyance from running away or falling in the event the primary connection fails.
</P>
<P><I>Shaft</I> means a vertical or inclined shaft, a slope, incline or winze.
</P>
<P><I>Short circuit</I> means an abnormal connection of relatively low resistance, whether made accidentally or intentionally, between two points of different potential in a circuit.
</P>
<P><I>Slurry (as applied to blasting).</I> See “Water gel.”
</P>
<P><I>Storage facility</I> means the entire class of structures used to store explosive materials. A “storage facility” used to store blasting agents corresponds to a BATF Type 4 or 5 storage facility.
</P>
<P><I>Storage tank</I> means a container exceeding 60 gallons in capacity used for the storage of flammable or combustible liquids.
</P>
<P><I>Stray current</I> means that portion of a total electric current that flows through paths other than the intended circuit.
</P>
<P><I>Substantial construction</I> means construction of such strength, material, and workmanship that the object will withstand all reasonable shock, wear, and usage, to which it will be subjected.
</P>
<P><I>Suitable</I> means that which fits, and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.
</P>
<P><I>Travelway</I> means a passage, walk or way regularly used and designated for persons to go from one place to another.
</P>
<P><I>Water gel</I> or <I>Slurry</I> (as applied to blasting) means an explosive or blasting agent containing substantial portions of water.
</P>
<P><I>Wet drilling</I> means the continuous application of water through the central hole of hollow drill steel to the bottom of the drill hole.
</P>
<P><I>Working place</I> means any place in or about a mine where work is being performed.
</P>
<CITA TYPE="N">[69 FR 38837, June 29, 2004, as amended at 80 FR 52986, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV7 N="36" NODE="30:1.0.1.8.29.1.36" TYPE="SUBJGRP">
<HEAD>Procedures</HEAD>


<DIV8 N="§ 56.1000" NODE="30:1.0.1.8.29.1.36.3" TYPE="SECTION">
<HEAD>§ 56.1000   Notification of commencement of operations and closing of mines.</HEAD>
<P>The owner, operator, or person in charge of any metal and nonmetal mine shall notify the nearest MSHA Metal and Nonmetal Mine Safety and Health district office before starting operations, of the approximate or actual date mine operation will commence. The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent.
</P>
<P>When any mine is closed, the person in charge shall notify the nearest district office as provided above and indicate whether the closure is temporary or permanent.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.8.29.2" TYPE="SUBPART">
<HEAD>Subpart B—Ground Control</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>51 FR 36197, Oct. 8, 1986, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 56.3000" NODE="30:1.0.1.8.29.2.37.1" TYPE="SECTION">
<HEAD>§ 56.3000   Definitions.</HEAD>
<P>The following definitions apply in this subpart.
</P>
<P><I>Travelway.</I> A passage, walk, or way regularly used or designated for persons to go from one place to another.
</P>
<CITA TYPE="N">[51 FR 36197, Oct. 8, 1986, as amended at 69 FR 38840, June 29, 2004]


</CITA>
</DIV8>


<DIV7 N="37" NODE="30:1.0.1.8.29.2.37" TYPE="SUBJGRP">
<HEAD>Mining Methods</HEAD>


<DIV8 N="§ 56.3130" NODE="30:1.0.1.8.29.2.37.2" TYPE="SECTION">
<HEAD>§ 56.3130   Wall, bank, and slope stability.</HEAD>
<P>Mining methods shall be used that will maintain wall, bank, and slope stability in places where persons work or travel in performing their assigned tasks. When benching is necessary, the width and height shall be based on the type of equipment used for cleaning of benches or for scaling of walls, banks, and slopes.


</P>
</DIV8>


<DIV8 N="§ 56.3131" NODE="30:1.0.1.8.29.2.37.3" TYPE="SECTION">
<HEAD>§ 56.3131   Pit or quarry wall perimeter.</HEAD>
<P>In places where persons work or travel in performing their assigned tasks, loose or unconsolidated material shall be sloped to the angle of repose or stripped back for at least 10 feet from the top of the pit or quarry wall. Other conditions at or near the perimeter of the pit or quarry wall which create a fall-of-material hazard to persons shall be corrected.


</P>
</DIV8>

</DIV7>


<DIV7 N="38" NODE="30:1.0.1.8.29.2.38" TYPE="SUBJGRP">
<HEAD>Scaling and Support</HEAD>


<DIV8 N="§ 56.3200" NODE="30:1.0.1.8.29.2.38.4" TYPE="SECTION">
<HEAD>§ 56.3200   Correction of hazardous conditions.</HEAD>
<P>Ground conditions that create a hazard to persons shall be taken down or supported before other work or travel is permitted in the affected area. Until corrective work is completed, the area shall be posted with a warning against entry and, when left unattended, a barrier shall be installed to impede unauthorized entry.


</P>
</DIV8>


<DIV8 N="§ 56.3201" NODE="30:1.0.1.8.29.2.38.5" TYPE="SECTION">
<HEAD>§ 56.3201   Location for performing scaling.</HEAD>
<P>Scaling shall be performed from a location which will not expose persons to injury from falling material, or other protection from falling material shall be provided.


</P>
</DIV8>


<DIV8 N="§ 56.3202" NODE="30:1.0.1.8.29.2.38.6" TYPE="SECTION">
<HEAD>§ 56.3202   Scaling tools.</HEAD>
<P>Where manual scaling is performed, a scaling bar shall be provided. This bar shall be of a length and design that will allow the removal of loose material without exposing the person performing this work to injury.


</P>
</DIV8>


<DIV8 N="§ 56.3203" NODE="30:1.0.1.8.29.2.38.7" TYPE="SECTION">
<HEAD>§ 56.3203   Rock fixtures.</HEAD>
<P>(a) For rock bolts and accessories addressed in ASTM F432-95, “Standard Specification for Roof and Rock Bolts and Accessories,” the mine operator shall—
</P>
<P>(1) Obtain a manufacturer's certification that the material was manufactured and tested in accordance with the specifications of ASTM F432-95; and
</P>
<P>(2) Make this certification available to an authorized representative of the Secretary and to the representative of miners.
</P>
<P>(b) Fixtures and accessories not addressed in ASTM F432-95 may be used for ground support provided they—
</P>
<P>(1) Have been successful in supporting the ground in an area with similar strata, opening dimensions and ground stresses in any mine; or 
</P>
<P>(2) Have been tested and shown to be effective in supporting ground in an area of the affected mine which has similar strata, opening dimensions, and ground stresses as the area where the fixtures are expected to be used. During the test process, access to the test area shall be limited to persons necessary to conduct the test.
</P>
<P>(c) Bearing plates shall be used with fixtures when necessary for effective ground support.
</P>
<P>(d) The diameter of finishing bits shall be within a tolerance of plus or minus 0.030 inch of the manufacturer's recommended hole diameter for the anchor used. When separate finishing bits are used, they shall be distinguishable from other bits.
</P>
<P>(e) Damaged or deteriorated cartridges of grouting material shall not be used.
</P>
<P>(f) When rock bolts tensioned by torquing are used as a means of ground support,
</P>
<P>(1) Selected tension level shall be—
</P>
<P>(i) At least 50 percent of either the yield point of the bolt or anchorage capacity of the rock, whichever is less; and 
</P>
<P>(ii) No greater than the yield point of the bolt or anchorage capacity of the rock.
</P>
<P>(2) The torque of the first bolt, every tenth bolt, and the last bolt installed in each work area during the shift shall be accurately determined immediately after installation. If the torque of any fixture tested does not fall within the installation torque range, corrective action shall be taken.
</P>
<P>(g) When grouted fixtures can be tested by applying torque, the first fixture installed in each work place shall be tested to withstand 150 foot-pounds of torque. Should it rotate in the hole, a second fixture shall be tested in the same manner. If the second fixture also turns, corrective action shall be taken.
</P>
<P>(h) When other tensioned and nontensioned fixtures are used, test methods shall be established to verify their effectiveness. 
</P>
<P>(i) The mine operator shall certify that tests were conducted and make the certification available to an authorized representative of the Secretary. 
</P>
<CITA TYPE="N">[51 FR 36197, Oct. 8, 1986, as amended at 51 FR 36804, Oct. 16, 1986; 63 FR 20030, Apr. 22, 1998]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="39" NODE="30:1.0.1.8.29.2.39" TYPE="SUBJGRP">
<HEAD>Precautions</HEAD>


<DIV8 N="§ 56.3400" NODE="30:1.0.1.8.29.2.39.8" TYPE="SECTION">
<HEAD>§ 56.3400   Secondary breakage.</HEAD>
<P>Prior to secondary breakage operations, material to be broken, other than hanging material, shall be positioned or blocked to prevent movement which would endanger persons in the work area. Secondary breakage shall be performed from a location which would not expose persons to danger. 


</P>
</DIV8>


<DIV8 N="§ 56.3401" NODE="30:1.0.1.8.29.2.39.9" TYPE="SECTION">
<HEAD>§ 56.3401   Examination of ground conditions.</HEAD>
<P>Persons experienced in examining and testing for loose ground shall be designated by the mine operator. Appropriate supervisors or other designated persons shall examine and, where applicable, test ground conditions in areas where work is to be performed prior to work commencing, after blasting, and as ground conditions warrant during the work shift. Highwalls and banks adjoining travelways shall be examined weekly or more often if changing ground conditions warrant. 


</P>
</DIV8>


<DIV8 N="§ 56.3430" NODE="30:1.0.1.8.29.2.39.10" TYPE="SECTION">
<HEAD>§ 56.3430   Activity between machinery or equipment and the highwall or bank.</HEAD>
<P>Persons shall not work or travel between machinery or equipment and the highwall or bank where the machinery or equipment may hinder escape from falls or slides of the highwall or bank. Travel is permitted when necessary for persons to dismount. 


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.8.29.3" TYPE="SUBPART">
<HEAD>Subpart C—Fire Prevention and Control</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).


</PSPACE></AUTH>

<DIV8 N="§ 56.4000" NODE="30:1.0.1.8.29.3.40.1" TYPE="SECTION">
<HEAD>§ 56.4000   Definitions.</HEAD>
<P>The following definitions apply in this subpart. 
</P>
<P><I>Flash point.</I> The minimum temperature at which sufficient vapor is released by a liquid to form a flammable vapor-air mixture near the surface of the liquid.
</P>
<P><I>Safety can.</I> A container of not over five gallons capacity that is designed to safely relieve internal pressure when exposed to heat and has a spring-closing lid and spout cover.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 68 FR 32361, May 30, 2003; 69 FR 38840, June 29, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 56.4011" NODE="30:1.0.1.8.29.3.40.2" TYPE="SECTION">
<HEAD>§ 56.4011   Abandoned electric circuits.</HEAD>
<P>Abandoned electric circuits shall be deenergized and isolated so that they cannot become energized inadvertently.


</P>
</DIV8>


<DIV7 N="40" NODE="30:1.0.1.8.29.3.40" TYPE="SUBJGRP">
<HEAD>Prohibitions/Precautions/Housekeeping</HEAD>


<DIV8 N="§ 56.4100" NODE="30:1.0.1.8.29.3.40.3" TYPE="SECTION">
<HEAD>§ 56.4100   Smoking and use of open flames.</HEAD>
<P>No person shall smoke or use an open flame where flammable or combustible liquids, including greases, or flammable gases are—
</P>
<P>(a) Used or transported in a manner that could create a fire hazard; or
</P>
<P>(b) Stored or handled.


</P>
</DIV8>


<DIV8 N="§ 56.4101" NODE="30:1.0.1.8.29.3.40.4" TYPE="SECTION">
<HEAD>§ 56.4101   Warning signs.</HEAD>
<P>Readily visible signs prohibiting smoking and open flames shall be posted where a fire or explosion hazard exists.


</P>
</DIV8>


<DIV8 N="§ 56.4102" NODE="30:1.0.1.8.29.3.40.5" TYPE="SECTION">
<HEAD>§ 56.4102   Spillage and leakage.</HEAD>
<P>Flammable or combustible liquid spillage or leakage shall be removed in a timely manner or controlled to prevent a fire hazard.


</P>
</DIV8>


<DIV8 N="§ 56.4103" NODE="30:1.0.1.8.29.3.40.6" TYPE="SECTION">
<HEAD>§ 56.4103   Fueling internal combustion engines.</HEAD>
<P>Internal combustion engines shall be switched off before refueling if the fuel tanks are integral parts of the equipment. This standard does not apply to diesel-powered equipment.


</P>
</DIV8>


<DIV8 N="§ 56.4104" NODE="30:1.0.1.8.29.3.40.7" TYPE="SECTION">
<HEAD>§ 56.4104   Combustible waste.</HEAD>
<P>(a) Waste materials, including liquids, shall not accumulate in quantities that could create a fire hazard.
</P>
<P>(b) Until disposed of properly, waste or rags containing flammable or combustible liquids that could create a fire hazard shall be placed in covered metal containers or other equivalent containers with flame containment characteristics.


</P>
</DIV8>


<DIV8 N="§ 56.4130" NODE="30:1.0.1.8.29.3.40.8" TYPE="SECTION">
<HEAD>§ 56.4130   Electric substations and liquid storage facilities.</HEAD>
<P>(a) If a hazard to persons could be created, no combustible materials shall be stored or allowed to accumulate within 25 feet of the following:
</P>
<P>(1) Electric substations.
</P>
<P>(2) Unburied, flammable or combustible liquid storage tanks.
</P>
<P>(3) Any group of containers used for storage of more than 60 gallons of flammable or combustible liquids.
</P>
<P>(b) The area within the 25-foot perimeter shall be kept free of dry vegetation.


</P>
</DIV8>

</DIV7>


<DIV7 N="41" NODE="30:1.0.1.8.29.3.41" TYPE="SUBJGRP">
<HEAD>Firefighting Equipment</HEAD>


<DIV8 N="§ 56.4200" NODE="30:1.0.1.8.29.3.41.9" TYPE="SECTION">
<HEAD>§ 56.4200   General requirements.</HEAD>
<P>(a) For fighting fires that could endanger persons, each mine shall have—
</P>
<P>(1) Onsite firefighting equipment for fighting fires in their early stages; and
</P>
<P>(2) Onsite firefighting equipment for fighting fires beyond their early stages, or the mine shall have made prior arrangements with a local fire department to fight such fires.
</P>
<P>(b) This onsite firefighting equipment shall be—
</P>
<P>(1) Of the type, size, and quantity that can extinguish fires of any class which could occur as a result of the hazards present; and
</P>
<P>(2) Strategically located, readily accessible, plainly marked, and maintained in fire-ready condition.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]


</CITA>
</DIV8>


<DIV8 N="§ 56.4201" NODE="30:1.0.1.8.29.3.41.10" TYPE="SECTION">
<HEAD>§ 56.4201   Inspection.</HEAD>
<P>(a) Firefighting equipment shall be inspected according to the following schedules:
</P>
<P>(1) Fire extinguishers shall be inspected visually at least once a month to determine that they are fully charged and operable.
</P>
<P>(2) At least once every twelve months, maintenance checks shall be made of mechanical parts, the amount and condition of extinguishing agent and expellant, and the condition of the hose, nozzle, and vessel to determine that the fire extinguishers will operate effectively.
</P>
<P>(3) Fire extinguishers shall be hydrostatically tested according to Table C-1 or a schedule based on the manufacturer's specifications to determine the integrity of extinguishing agent vessels.
</P>
<P>(4) Water pipes, valves, outlets, hydrants, and hoses that are part of the mine's firefighting system shall be visually inspected at least once every three months for damage or deterioration and use-tested at least once every twelve months to determine that they remain functional.
</P>
<P>(5) Fire suppression systems shall be inspected at least once every twelve months. An inspection schedule based on the manufacturer's specifications or the equivalent shall be established for individual components of a system and followed to determine that the system remains functional. Surface fire suppression systems are exempt from these inspection requirements if the systems are used solely for the protection of property and no persons would be affected by a fire.
</P>
<P>(b) At the completion of each inspection or test required by this standard, the person making the inspection or test shall certify that the inspection or test has been made and the date on which it was made. Certifications of hydrostatic testing shall be retained until the fire extinguisher is retested or permanently removed from service. Other certifications shall be retained for one year.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table C-1—Hydrostatic Test Intervals for Fire Extinguishers
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Extinguisher type
</TH><TH class="gpotbl_colhed" scope="col">Test interval (years)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Soda Acid</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Cartridge-Operated Water and/or Antifreeze</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Stored-Pressure Water and/or Antifreeze</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Wetting Agent</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Foam</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">AFFF (Aqueous Film Forming Foam)</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Loaded Stream</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Dry-Chemical with Stainless Steel Shells</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Carbon Dioxide</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Dry-Chemical, Stored Pressure, with Mild Steel Shells, Brazed Brass Shells, or Aluminum Shells</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Dry-Chemical, Cartridge or Cylinder Operated, with Mild Steel Shells</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Bromotrifluoromethane—Halon 1301</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Bromochlorodifluoromethane—Halon 1211</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Dry-Powder, Cartridge or Cylinder-Operated, with Mild Steel Shells 
<sup>1</sup></TD><TD align="right" class="gpotbl_cell">12
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Except for stainless steel and steel used for compressed gas cylinders, all other steel shells are defined as “mild steel” shells.</P></DIV></DIV>
</DIV8>


<DIV8 N="§ 56.4202" NODE="30:1.0.1.8.29.3.41.11" TYPE="SECTION">
<HEAD>§ 56.4202   Fire hydrants.</HEAD>
<P>If fire hydrants are part of the mine's firefighting system, the hydrants shall be provided with—
</P>
<P>(a) Uniform fittings or readily available adapters for onsite firefighting equipment; 
</P>
<P>(b) Readily available wrenches or keys to open the valves; and 
</P>
<P>(c) Readily available adapters capable of connecting hydrant fittings to the hose equipment of any firefighting organization relied upon by the mine.


</P>
</DIV8>


<DIV8 N="§ 56.4203" NODE="30:1.0.1.8.29.3.41.12" TYPE="SECTION">
<HEAD>§ 56.4203   Extinguisher recharging or replacement.</HEAD>
<P>Fire extinguishers shall be recharged or replaced with a fully charged extinguisher promptly after any discharge. 


</P>
</DIV8>


<DIV8 N="§ 56.4230" NODE="30:1.0.1.8.29.3.41.13" TYPE="SECTION">
<HEAD>§ 56.4230   Self-propelled equipment.</HEAD>
<P>(a)(1) Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment. 
</P>
<P>(2) Whenever a fire or its effects would not impede escape from the equipment but could affect the escape of other persons in the area, a fire extinguisher shall be on the equipment or within 100 feet of the equipment.
</P>
<P>(b) A fire suppression system may be used as an alternative to fire extinguishers if the system can be manually activated. 
</P>
<P>(c) Fire extinguishers or fire suppression systems shall be of a type and size that can extinguish fires of any class in their early stages which could originate from the equipment's inherent fire hazards. Fire extinguishers or manual actuators for the suppression system shall be located to permit their use by persons whose escape could be impeded by fire. 


</P>
</DIV8>

</DIV7>


<DIV7 N="42" NODE="30:1.0.1.8.29.3.42" TYPE="SUBJGRP">
<HEAD>Firefighting Procedures/Alarms/Drills</HEAD>


<DIV8 N="§ 56.4330" NODE="30:1.0.1.8.29.3.42.14" TYPE="SECTION">
<HEAD>§ 56.4330   Firefighting, evacuation, and rescue procedures.</HEAD>
<P>(a) Mine operators shall establish emergency firefighting, evacuation, and rescue procedures. These procedures shall be coordinated in advance with available firefighting organizations. 
</P>
<P>(b) Fire alarm procedures or systems shall be established to promptly warn every person who could be endangered by a fire. 
</P>
<P>(c) Fire alarm systems shall be maintained in operable condition. 


</P>
</DIV8>


<DIV8 N="§ 56.4331" NODE="30:1.0.1.8.29.3.42.15" TYPE="SECTION">
<HEAD>§ 56.4331   Firefighting drills.</HEAD>
<P>Emergency firefighting drills shall be held at least once every six months for persons assigned firefighting responsibilities by the mine operator. 


</P>
</DIV8>

</DIV7>


<DIV7 N="43" NODE="30:1.0.1.8.29.3.43" TYPE="SUBJGRP">
<HEAD>Flammable and Combustible Liquids and Gases</HEAD>


<DIV8 N="§ 56.4400" NODE="30:1.0.1.8.29.3.43.16" TYPE="SECTION">
<HEAD>§ 56.4400   Use restrictions.</HEAD>
<P>(a) Flammable liquids shall not be used for cleaning. 
</P>
<P>(b) Solvents shall not be used near an open flame or other ignition source, near any source of heat, or in an atmosphere that can elevate the temperature of the solvent above the flash point. 


</P>
</DIV8>


<DIV8 N="§ 56.4401" NODE="30:1.0.1.8.29.3.43.17" TYPE="SECTION">
<HEAD>§ 56.4401   Storage tank foundations.</HEAD>
<P>Fixed, unburied, flammable or combustible liquid storage tanks shall be securely mounted on firm foundations. Piping shall be provided with flexible connections or other special fittings where necessary to prevent leaks caused by tanks settling. 


</P>
</DIV8>


<DIV8 N="§ 56.4402" NODE="30:1.0.1.8.29.3.43.18" TYPE="SECTION">
<HEAD>§ 56.4402   Safety can use.</HEAD>
<P>Small quantities of flammable liquids drawn from storage shall be kept in safety cans labeled to indicate the contents.


</P>
</DIV8>


<DIV8 N="§ 56.4430" NODE="30:1.0.1.8.29.3.43.19" TYPE="SECTION">
<HEAD>§ 56.4430   Storage facilities.</HEAD>
<P>(a) Storage tanks for flammable or combustible liquids shall be—
</P>
<P>(1) Capable of withstanding working pressures and stresses and compatible with the type of liquid stored;
</P>
<P>(2) Maintained in a manner that prevents leakage;
</P>
<P>(3) Isolated or separated from ignition sources to prevent fire or explosion; and 
</P>
<P>(4) Vented or otherwise constructed to prevent development of pressure or vacuum as a result of filling, emptying, or atmospheric temperature changes. Vents for storage of Class I, II, or IIIA liquids shall be isolated or separated from ignition sources. These pressure relief requirements do not apply to tanks used for storage of Class IIIB liquids that are larger than 12,000 gallons in capacity. 
</P>
<P>(b) All piping, valves, and fittings shall be—
</P>
<P>(1) Capable of withstanding working pressures and stresses; 
</P>
<P>(2) Compatible with the type of liquid stored; and
</P>
<P>(3) Maintained in a manner that prevents leakage.
</P>
<P>(c) Fixed, unburied tanks located where escaping liquid could present a hazard to persons shall be provided with—
</P>
<P>(1) Containment for the entire capacity of the largest tank; or
</P>
<P>(2) Drainage of a remote impoundment area that does not endanger persons. However, storage of only Class IIIB liquids does not require containment or drainage to remote impoundment.


</P>
</DIV8>

</DIV7>


<DIV7 N="44" NODE="30:1.0.1.8.29.3.44" TYPE="SUBJGRP">
<HEAD>Installation/Construction/Maintenance</HEAD>


<DIV8 N="§ 56.4500" NODE="30:1.0.1.8.29.3.44.20" TYPE="SECTION">
<HEAD>§ 56.4500   Heat sources.</HEAD>
<P>Heat sources capable of producing combustion shall be separated from combustible materials if a fire hazard could be created.


</P>
</DIV8>


<DIV8 N="§ 56.4501" NODE="30:1.0.1.8.29.3.44.21" TYPE="SECTION">
<HEAD>§ 56.4501   Fuel lines.</HEAD>
<P>Fuel lines shall be equipped with valves capable of stopping the flow of fuel at the source and shall be located and maintained to minimize fire hazards. This standard does not apply to fuel lines on self-propelled equipment. 


</P>
</DIV8>


<DIV8 N="§ 56.4502" NODE="30:1.0.1.8.29.3.44.22" TYPE="SECTION">
<HEAD>§ 56.4502   Battery-charging stations.</HEAD>
<P>(a) Battery-charging stations shall be ventilated with a sufficient volume of air to prevent the accumulation of hydrogen gas.
</P>
<P>(b) Smoking, use of open flames, or other activities that could create an ignition source shall be prohibited at the battery charging station during battery charging.
</P>
<P>(c) Readily visible signs prohibiting smoking or open flames shall be posted at battery-charging stations during battery charging.


</P>
</DIV8>


<DIV8 N="§ 56.4503" NODE="30:1.0.1.8.29.3.44.23" TYPE="SECTION">
<HEAD>§ 56.4503   Conveyor belt slippage.</HEAD>
<P>Belt conveyors within confined areas where evacuation would be restricted in the event of a fire resulting from belt-slippage shall be equipped with a detection system capable of automatically stopping the drive pulley. A person shall attend the belt at the drive pulley when it is necessary to operate the conveyor while temporarily bypassing the automatic function.


</P>
</DIV8>


<DIV8 N="§ 56.4530" NODE="30:1.0.1.8.29.3.44.24" TYPE="SECTION">
<HEAD>§ 56.4530   Exits.</HEAD>
<P>Buildings or structures in which persons work shall have a sufficient number of exits to permit prompt escape in case of fire.


</P>
</DIV8>


<DIV8 N="§ 56.4531" NODE="30:1.0.1.8.29.3.44.25" TYPE="SECTION">
<HEAD>§ 56.4531   Flammable or combustible liquid storage buildings or rooms.</HEAD>
<P>(a) Storage buildings or storage rooms in which flammable or combustible liquids, including grease, are stored and that are within 100 feet of any person's work station shall be ventilated with a sufficient volume of air to prevent the accumulation of flammable vapors.
</P>
<P>(b) In addition, the buildings or rooms shall be—
</P>
<P>(1) Constructed to meet a fire resistance rating of at least one hour; or
</P>
<P>(2) Equipped with an automatic fire suppression system; or
</P>
<P>(3) Equipped with an early warning fire detection device that will alert any person who could be endangered by a fire, provided that no person's work station is in the building.
</P>
<P>(c) Flammable or combustible liquids in use for day-to-day maintenance and operational activities are not considered in storage under this standard.


</P>
</DIV8>

</DIV7>


<DIV7 N="45" NODE="30:1.0.1.8.29.3.45" TYPE="SUBJGRP">
<HEAD>Welding/Cutting/Compressed Gases</HEAD>


<DIV8 N="§ 56.4600" NODE="30:1.0.1.8.29.3.45.26" TYPE="SECTION">
<HEAD>§ 56.4600   Extinguishing equipment.</HEAD>
<P>(a) When welding, cutting, soldering, thawing, or bending—
</P>
<P>(1) With an electric arc or with an open flame where an electrically conductive extinguishing agent could create an electrical hazard, a multipurpose dry-chemical fire extinguisher or other extinguisher with at least a 2-A:10-B:C rating shall be at the worksite.
</P>
<P>(2) With an open flame in an area where no electrical hazard exists, a multipurpose dry-chemical fire extinguisher or equivalent fire extinguishing equipment for the class of fire hazard present shall be at the worksite.
</P>
<P>(b) Use of halogenated fire extinguishing agents to meet the requirements of this standard shall be limited to Halon 1211 (CBrClF<E T="52">2</E>) and Halon 1301 (CBrF<E T="52">3</E>). When these agents are used in confined or unventilated areas, precautions based on the manufacturer's use instructions shall be taken so that the gases produced by thermal decompostion of the agents are not inhaled.


</P>
</DIV8>


<DIV8 N="§ 56.4601" NODE="30:1.0.1.8.29.3.45.27" TYPE="SECTION">
<HEAD>§ 56.4601   Oxygen cylinder storage.</HEAD>
<P>Oxygen cylinders shall not be stored in rooms or areas used or designated for storage of flammable or combustible liquids, including grease.


</P>
</DIV8>


<DIV8 N="§ 56.4602" NODE="30:1.0.1.8.29.3.45.28" TYPE="SECTION">
<HEAD>§ 56.4602   Gauges and regulators.</HEAD>
<P>Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.


</P>
</DIV8>


<DIV8 N="§ 56.4603" NODE="30:1.0.1.8.29.3.45.29" TYPE="SECTION">
<HEAD>§ 56.4603   Closure of valves.</HEAD>
<P>To prevent accidental release of gases from hoses and torches attached to oxygen and acetylene cylinders or to manifold systems, cylinder or manifold system valves shall be closed when—
</P>
<P>(a) The cylinders are moved;
</P>
<P>(b) The torch and hoses are left unattended; or
</P>
<P>(c) The task or series of tasks is completed.


</P>
</DIV8>


<DIV8 N="§ 56.4604" NODE="30:1.0.1.8.29.3.45.30" TYPE="SECTION">
<HEAD>§ 56.4604   Preparation of pipelines or containers.</HEAD>
<P>Before welding, cutting, or applying heat with an open flame to pipelines or containers that have contained flammable or combustible liquids, flammable gases, or explosive solids, the pipelines or containers shall be—
</P>
<P>(a) Drained, ventilated, and thoroughly cleaned of any residue;
</P>
<P>(b) Vented to prevent pressure build-up during the application of heat; and
</P>
<P>(c)(1) Filled with an inert gas or water, where compatible; or
</P>
<P>(2) Determined to be free of flammable gases by a flammable gas detection device prior to and at frequent intervals during the application of heat.


</P>
</DIV8>

</DIV7>


<DIV9 N="Appendix I" NODE="30:1.0.1.8.29.3.46.31.5" TYPE="APPENDIX">
<HEAD>Appendix I to Subpart C of Part 56—National Consensus Standards
</HEAD>
<P>Mine operators seeking further information in the area of fire prevention and control may consult the following national consensus standards.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">MSHA standard
</TH><TH class="gpotbl_colhed" scope="col">National consensus standard
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§§ 56.4200, 56.4201</TD><TD align="left" class="gpotbl_cell">NFPA No. 10—Portable Fire Extinguisher.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 11—Low Expansion Foam and Combined Agent Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 11A—High Expansion Foam Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 12—Carbon Dioxide Extinguishing Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 12A—Halon 1301 Extinguishing Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 13—Water Sprinkler Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 14—Standpipe and Hose Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 15—Water Spray Fixed Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 16—Foam Water Spray Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 17—Dry-Chemical Extinguishing Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 121—Mobile Surface Mining Equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 291—Testing and Marketing Hydrants.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 1962—Care, Use, and Maintenance of Fire Hose, Connections, and Nozzles.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 56.4202</TD><TD align="left" class="gpotbl_cell">NFPA No. 14—Standpipe and Hose Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 291—Testing and Marketing Hydrants.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 56.4203</TD><TD align="left" class="gpotbl_cell">NFPA No. 10—Portable Fire Extinguishers.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 56.4230</TD><TD align="left" class="gpotbl_cell">NFPA No. 10—Portable Fire Extinguishers.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 121—Mobile Surface Mining Equipment.</TD></TR></TABLE></DIV></DIV>
</DIV9>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.8.29.4" TYPE="SUBPART">
<HEAD>Subpart D—Air Quality and Physical Agents</HEAD>


<DIV7 N="46" NODE="30:1.0.1.8.29.4.46" TYPE="SUBJGRP">
<HEAD>Air Quality</HEAD>


<DIV8 N="§ 56.5001" NODE="30:1.0.1.8.29.4.46.1" TYPE="SECTION">
<HEAD>§ 56.5001   Exposure limits for airborne contaminants.</HEAD>
<XREF ID="20240418" REFID="136">Link to an amendment published at 89 FR 28469, Apr. 18, 2024.</XREF>
<XREF ID="20260406" REFID="1">This amendment was delayed indefinitely at 91 FR 17143, Apr. 6, 2026.</XREF>
<P>The following is required until April 7, 2026. Except as permitted by § 56.5005—
</P>
<P>(a) Except as provided in paragraph (b) of this section, the exposure to airborne contaminants shall not exceed, on the basis of a time weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists, as set forth and explained in the 1973 edition of the Conference's publication, entitled “TLV's Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1973,” pages 1 through 54, which are hereby incorporated by reference and made a part hereof. This publication may be obtained from the American Conference of Governmental industrial Hygienists by writing to 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; <I>http://www.acgih.org”</I>, or may be examined in any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration. Excursions above the listed thresholds shall not be of a greater magnitude than is characterized as permissible by the Conference.
</P>
<P>(b) <I>Asbestos standard</I>—(1) <I>Definitions.</I> Asbestos is a generic term for a number of asbestiform hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils.
</P>
<P><I>Asbestos</I> means chrysotile, cummingtonite-grunerite asbestos (amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and actinolite asbestos.
</P>
<P><I>Asbestos fiber</I> means a fiber of asbestos that meets the criteria of a fiber.
</P>
<P><I>Fiber</I> means a particle longer than 5 micrometers (µm) with a length-to-diameter ratio of at least 3-to-1.
</P>
<P>(2) <I>Permissible Exposure Limits (PELs)</I>—(i) <I>Full-shift limit.</I> A miner's personal exposure to asbestos shall not exceed an 8-hour time-weighted average full-shift airborne concentration of 0.1 fiber per cubic centimeter of air (f/cc).
</P>
<P>(ii) <I>Excursion limit.</I> No miner shall be exposed at any time to airborne concentrations of asbestos in excess of 1 fiber per cubic centimeter of air (f/cc) as averaged over a sampling period of 30 minutes.
</P>
<P>(3) <I>Measurement of airborne asbestos fiber concentration.</I> Potential asbestos fiber concentration shall be determined by phase contrast microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos standard found in 29 CFR 1910.1001, Appendix A, or a method at least equivalent to that method in identifying a potential asbestos exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit. When PCM results indicate a potential exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit, samples shall be further analyzed using transmission electron microscopy according to NIOSH Method 7402 or a method at least equivalent to that method.
</P>
<P>(c) Employees shall be withdrawn from areas where there is present an airborne contaminant given a “C” designation by the Conference and the concentration exceeds the threshold limit value listed for that contaminant.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006; 73 FR 11303, Feb. 29, 2008; 73 FR 66172, Nov. 7, 2008; 89 FR 28468, Apr. 18, 2024]
</CITA>
</DIV8>


<DIV8 N="§ 56.5001T" NODE="30:1.0.1.8.29.4.46.2" TYPE="SECTION">
<HEAD>§ 56.5001T   Exposure limits for airborne contaminants.</HEAD>
<XREF ID="20240418" REFID="137">Link to an amendment published at 89 FR 28469, Apr. 18, 2024.</XREF>
<XREF ID="20260406" REFID="1">This amendment was delayed indefinitely at 91 FR 17143, Apr. 6, 2026.</XREF>
<P>As of April 8, 2026 the following is required, except as permitted by § 56.5005—
</P>
<P>(a) <I>TLVs standard.</I> Except as provided in paragraph (b) of this section and in part 60 of this chapter, the exposure to airborne contaminants shall not exceed, on the basis of a time weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists, as set forth and explained in the 1973 edition of the Conference's publication, entitled <I>TLV's Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1973,</I> pages 1 through 54. This publication is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; (202) 693-9440; or at any Mine Safety and Health Enforcement District Office. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email <I>fr.inspection@nara.gov.</I> The material may be obtained from American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; <I>www.acgih.org.</I>
</P>
<P>(b) <I>Asbestos standard</I>—(1) <I>Definitions.</I> Asbestos is a generic term for a number of asbestiform hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils.
</P>
<P><I>Asbestos</I> means chrysotile, cummingtonite-grunerite asbestos (amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and actinolite asbestos.
</P>
<P><I>Asbestos fiber</I> means a fiber of asbestos that meets the criteria of a fiber.
</P>
<P><I>Fiber</I> means a particle longer than 5 micrometers (µm) with a length-to-diameter ratio of at least 3-to-1.
</P>
<P>(2) <I>Permissible Exposure Limits (PELs)</I>—(i) <I>Full-shift limit.</I> A miner's personal exposure to asbestos shall not exceed an 8-hour time-weighted average full-shift airborne concentration of 0.1 fiber per cubic centimeter of air (f/cc).
</P>
<P>(ii) <I>Excursion limit.</I> No miner shall be exposed at any time to airborne concentrations of asbestos in excess of 1 fiber per cubic centimeter of air (f/cc) as averaged over a sampling period of 30 minutes.
</P>
<P>(3) <I>Measurement of airborne asbestos fiber concentration.</I> Potential asbestos fiber concentration shall be determined by phase contrast microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos standard found in 29 CFR 1910.1001, Appendix A, or a method at least equivalent to that method in identifying a potential asbestos exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit. When PCM results indicate a potential exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit, samples shall be further analyzed using transmission electron microscopy according to NIOSH Method 7402 or a method at least equivalent to that method.
</P>
<P>(c) <I>Required action.</I> Employees shall be withdrawn from areas where there is present an airborne contaminant given a “C” designation by the Conference and the concentration exceeds the threshold limit value listed for that contaminant.
</P>
<CITA TYPE="N">[89 FR 28468, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]
</CITA>
</DIV8>


<DIV8 N="§ 56.5002" NODE="30:1.0.1.8.29.4.46.3" TYPE="SECTION">
<HEAD>§ 56.5002   Exposure monitoring.</HEAD>
<P>Dust, gas, mist, and fume surveys shall be conducted as frequently as necessary to determine the adequacy of control measures.


</P>
</DIV8>


<DIV8 N="§ 56.5005" NODE="30:1.0.1.8.29.4.46.4" TYPE="SECTION">
<HEAD>§ 56.5005   Control of exposure to airborne contaminants.</HEAD>
<XREF ID="20240418" REFID="140">Link to an amendment published at 89 FR 28469, Apr. 18, 2024.</XREF>
<XREF ID="20260406" REFID="1">This amendment was delayed indefinitely at 91 FR 17143, Apr. 6, 2026.</XREF>
<P>The following is required until April 7, 2026. Control of employee exposure to harmful airborne contaminants shall be, insofar as feasible, by prevention of contamination, removal by exhaust ventilation, or by dilution with uncontaminated air. However, where accepted, engineering control measures have not been developed or when necessary by the nature of work involved (for example, while establishing controls or occasional entry into hazardous atmospheres to perform maintenance or investigation), employees may work for reasonable periods of time in concentrations of airborne contaminants exceeding permissible levels if they are protected by appropriate respiratory protective equipment. Whenever respiratory protective equipment is used a program for selection, maintenance, training, fitting, supervision, cleaning, and use shall meet the following minimum requirements:
</P>
<P>(a) Respirators approved by NIOSH under 42 CFR part 84 which are applicable and suitable for the purpose intended shall be furnished and miners shall use the protective equipment in accordance with training and instruction. 
</P>
<P>(b) A respirator program consistent with the requirements of ANSI Z88.2-1969, published by the American National Standards Institute and entitled “American National Standards Practices for Respiratory Protection ANSI Z88.2-1969,” approved August 11, 1969, which is hereby incorporated by reference and made a part hereof. This publication may be obtained from the American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036; <I>http://www.ansi.org”</I>, or may be examined in any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration. 
</P>
<P>(c) When respiratory protection is used in atmospheres immediately harmful to life, the presence of at least one other person with backup equipment and rescue capability shall be required in the event of failure of the respiratory equipment.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60 FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006; 89 FR 28469, Apr. 18, 2024]
</CITA>
</DIV8>


<DIV8 N="§ 56.5005T" NODE="30:1.0.1.8.29.4.46.5" TYPE="SECTION">
<HEAD>§ 56.5005T   Control of exposure to airborne contaminants.</HEAD>
<XREF ID="20240418" REFID="141">Link to an amendment published at 89 FR 28469, Apr. 18, 2024.</XREF>
<XREF ID="20260406" REFID="1">This amendment was delayed indefinitely at 91 FR 17143, Apr. 6, 2026.</XREF>
<P>As of April 8, 2026, the following is required. Control of employee exposure to harmful airborne contaminants shall be, insofar as feasible, by prevention of contamination, removal by exhaust ventilation, or by dilution with uncontaminated air. However, where accepted engineering control measures have not been developed or when necessary by the nature of work involved (for example, while establishing controls or occasional entry into hazardous atmospheres to perform maintenance or investigation), employees may work for reasonable periods of time in concentrations of airborne contaminants exceeding permissible levels if they are protected by appropriate respiratory protective equipment. Whenever respiratory protective equipment is used, its selection, fitting, maintenance, cleaning, training, supervision, and use shall meet the following minimum requirements:
</P>
<P>(a) Respirators approved by NIOSH under 42 CFR part 84 which are applicable and suitable for the purpose intended shall be furnished and miners shall use the protective equipment in accordance with training and instruction.
</P>
<P>(b) A written respiratory protection program consistent with the requirements of ASTM F3387-19, <I>Standard Practice for Respiratory Protection,</I> approved August 1, 2019, which is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; (202) 693-9440; or any Mine Safety and Health Enforcement District Office. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email <I>fr.inspection@nara.gov.</I> The material may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; <I>www.astm.org.</I>
</P>
<P>(c) When respiratory protection is used in atmospheres immediately dangerous to life or health (IDLH), the presence of at least one other person with backup equipment and rescue capability shall be required in the event of failure of the respiratory equipment.
</P>
<CITA TYPE="N">[89 FR 28469, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]
</CITA>
</DIV8>


<DIV8 N="§ 56.5006" NODE="30:1.0.1.8.29.4.46.6" TYPE="SECTION">
<HEAD>§ 56.5006   Restricted use of chemicals.</HEAD>
<P>The following chemical substances shall not be used or stored except by competent persons under laboratory conditions approved by a nationally recognized agency acceptable to the Secretary.
</P>
<P>(a) Carbon tetrachloride.
</P>
<P>(b) Phenol,
</P>
<P>(c) 4-Nitrobiphenyl,
</P>
<P>(d) Alpha-naphthylamine,
</P>
<P>(e) 4,4-Methylene Bis (2-chloroaniline),
</P>
<P>(f) Methyl-chloromethyl ether,
</P>
<P>(g) 3,3 Dichlorobenzidine,
</P>
<P>(h) Bis (chloromethyl) ether,
</P>
<P>(i) Beta-napthylamine,
</P>
<P>(j) Benzidine,
</P>
<P>(k) 4-Aminodiphenyl,
</P>
<P>(l) Ethyleneimine,
</P>
<P>(m) Beta-propiolactone,
</P>
<P>(n) 2-Acetylaminofluorene,
</P>
<P>(o) 4-Dimethylaminobenzene, and
</P>
<P>(p) N-Nitrosodimethylamine.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.8.29.5" TYPE="SUBPART">
<HEAD>Subpart E—Explosives</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>61 FR 36795, July 12, 1996, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 56.6000" NODE="30:1.0.1.8.29.5.47.1" TYPE="SECTION">
<HEAD>§ 56.6000   Definitions.</HEAD>
<P>The following definitions apply in this subpart.
</P>
<P><I>Blasting agent.</I> Any substance classified as a blasting agent by the Department of Transportation in 49 CFR 173.114a(a). This document is available at any MSHA Metal and Nonmetal Safety and Health district office.
</P>
<P><I>Detonating cord.</I> A flexible cord containing a center core of high explosives which may be used to initiate other explosives.
</P>
<P><I>Detonator.</I> Any device containing a detonating charge used to initiate an explosive. These devices include electronic detonators, electric or nonelectric instantaneous or delay blasting caps, and delay connectors. The term “detonator” does not include detonating cord. Detonators may be either “Class A” detonators or “Class C” detonators, as classified by the Department of Transportation in 49 CFR 173.53 and 173.100, which is available at any MSHA Metal and Nonmetal Safety and Health district office.
</P>
<P><I>Flash point.</I> The minimum temperature at which sufficient vapor is released by a liquid to form a flammable vapor-air mixture near the surface of the liquid.
</P>
<P><I>Igniter cord.</I> A fuse that burns progressively along its length with an external flame at the zone of burning, used for lighting a series of safety fuses in a desired sequence.
</P>
<P><I>Magazine.</I> A bullet-resistant, theft-resistant, fire-resistant, weather-resistant, ventilated facility for the storage of explosives and detonators (BATF Type 1 or Type 2 facility). 
</P>
<P><I>Misfire.</I> The complete or partial failure of explosive material to detonate as planned. The term also is used to describe the explosive material itself that has failed to detonate. 
</P>
<P><I>Primer.</I> A unit, package, or cartridge of explosives which contains a detonator and is used to initiate other explosives or blasting agents. 
</P>
<P><I>Safety switch.</I> A switch that provides shunt protection in blasting circuits between the blast site and the switch used to connect a power source to the blasting circuit. 
</P>
<P><I>Slurry.</I> An explosive material containing substantial portions of a liquid, oxidizers, and fuel, plus a thickener. 
</P>
<P><I>Water gel.</I> An explosive material containing substantial portions of water, oxidizers, and fuel, plus a cross-linking agent. 
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 68 FR 32361, May 30, 2003; 69 FR 38840, June 29, 2004; 85 FR 2027, Jan. 14, 2020]


</CITA>
</DIV8>


<DIV7 N="47" NODE="30:1.0.1.8.29.5.47" TYPE="SUBJGRP">
<HEAD>Storage</HEAD>


<DIV8 N="§ 56.6100" NODE="30:1.0.1.8.29.5.47.2" TYPE="SECTION">
<HEAD>§ 56.6100   Separation of stored explosive material.</HEAD>
<P>(a) Detonators shall not be stored in the same magazine with other explosive material. 
</P>
<P>(b) When stored in the same magazine, blasting agents shall be separated from explosives, safety fuse, and detonating cord to prevent contamination. 


</P>
</DIV8>


<DIV8 N="§ 56.6101" NODE="30:1.0.1.8.29.5.47.3" TYPE="SECTION">
<HEAD>§ 56.6101   Areas around explosive material storage facilities.</HEAD>
<P>(a) Areas surrounding storage facilities for explosive material shall be clear of rubbish, brush, dry grass, and trees for 25 feet in all directions, except that live trees 10 feet or taller need not be removed. 
</P>
<P>(b) Other combustibles shall not be stored or allowed to accumulate within 50 feet of explosive material. Combustible liquids shall be stored in a manner that ensures drainage will occur away from the explosive material storage facility in case of tank rupture. 


</P>
</DIV8>


<DIV8 N="§ 56.6102" NODE="30:1.0.1.8.29.5.47.4" TYPE="SECTION">
<HEAD>§ 56.6102   Explosive material storage practices.</HEAD>
<P>(a) Explosive material shall be—
</P>
<P>(1) Stored in a manner to facilitate use of oldest stocks first; 
</P>
<P>(2) Stored according to brand and grade in such a manner as to facilitate identification; and 
</P>
<P>(3) Stacked in a stable manner but not more than 8 feet high. 
</P>
<P>(b) Explosives and detonators shall be stored in closed nonconductive containers except that nonelectric detonating devices may be stored on nonconductive racks provided the case-insert instructions and the date-plant-shift code are maintained with the product. 


</P>
</DIV8>


<DIV8 N="§ 56.6130" NODE="30:1.0.1.8.29.5.47.5" TYPE="SECTION">
<HEAD>§ 56.6130   Explosive material storage facilities.</HEAD>
<P>(a) Detonators and explosives shall be stored in magazines. 
</P>
<P>(b) Packaged blasting agents shall be stored in a magazine or other facility which is ventilated to prevent dampness and excessive heating, weather-resistant, and locked or attended. Drop trailers do not have to be ventilated if they are currently licensed by the Federal, State, or local authorities for over-the-road use. Facilities other than magazines used to store blasting agents shall contain only blasting agents. 
</P>
<P>(c) Bulk blasting agents shall be stored in weather-resistant bins or tanks which are locked, attended, or otherwise inaccessible to unauthorized entry. 
</P>
<P>(d) Facilities, bins or tanks shall be posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach. 


</P>
</DIV8>


<DIV8 N="§ 56.6131" NODE="30:1.0.1.8.29.5.47.6" TYPE="SECTION">
<HEAD>§ 56.6131   Location of explosive material storage facilities.</HEAD>
<P>(a) Storage facilities for any explosive material shall be—
</P>
<P>(1) Located so that the forces generated by a storage facility explosion will not create a hazard to occupants in mine buildings and will not damage dams or electric substations; and 
</P>
<P>(2) Detached structures located outside the blast area and a sufficient distance from powerlines so that the powerlines, if damaged, would not contact the magazines. 
</P>
<P>(b) Operators should also be aware of regulations affecting storage facilities in 27 CFR part 55, in particular, 27 CFR 55.218 and 55.220. This document is available at any MSHA Metal and Nonmetal Safety and Health district office. 


</P>
</DIV8>


<DIV8 N="§ 56.6132" NODE="30:1.0.1.8.29.5.47.7" TYPE="SECTION">
<HEAD>§ 56.6132   Magazine requirements.</HEAD>
<P>(a) Magazines shall be—
</P>
<P>(1) Structurally sound; 
</P>
<P>(2) Noncombustible or the exterior covered with fire-resistant material; 
</P>
<P>(3) Bullet resistant; 
</P>
<P>(4) Made of nonsparking material on the inside; 
</P>
<P>(5) Ventilated to control dampness and excessive heating within the magazine; 
</P>
<P>(6) Posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach, so located that a bullet passing through any of the signs will not strike the magazine; 
</P>
<P>(7) Kept clean and dry inside; 
</P>
<P>(8) Unlighted or lighted by devices that are specifically designed for use in magazines and which do not create a fire or explosion hazard; 
</P>
<P>(9) Unheated or heated only with devices that do not create a fire or explosion hazard; 
</P>
<P>(10) Locked when unattended; and 
</P>
<P>(11) Used exclusively for the storage of explosive material except for essential nonsparking equipment used for the operation of the magazine. 
</P>
<P>(b) Metal magazines shall be equipped with electrical bonding connections between all conductive portions so the entire structure is at the same electrical potential. Suitable electrical bonding methods include welding, riveting, or the use of securely tightened bolts where individual metal portions are joined. Conductive portions of nonmetal magazines shall be grounded. 
</P>
<P>(c) Electrical switches and outlets shall be located on the outside of the magazine.


</P>
</DIV8>


<DIV8 N="§ 56.6133" NODE="30:1.0.1.8.29.5.47.8" TYPE="SECTION">
<HEAD>§ 56.6133   Powder chests.</HEAD>
<P>(a) Powder chests (day boxes) shall be—
</P>
<P>(1) Structurally sound, weather-resistant, equipped with a lid or cover, and with only nonsparking material on the inside; 
</P>
<P>(2) Posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach; 
</P>
<P>(3) Located out of the blast area once loading has been completed; 
</P>
<P>(4) Locked or attended when containing explosive material; and 
</P>
<P>(5) Emptied at the end of each shift with the contents returned to a magazine or other storage facility, or attended.
</P>
<P>(b) Detonators shall be kept in chests separate from explosives or blasting agents, unless separated by 4 inches of hardwood or equivalent, or a laminated partition. When a laminated partition is used, operators must follow the provisions of the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; <I>https://www.ime.org.</I> This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 80 FR 52987, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="48" NODE="30:1.0.1.8.29.5.48" TYPE="SUBJGRP">
<HEAD>Transportation</HEAD>


<DIV8 N="§ 56.6200" NODE="30:1.0.1.8.29.5.48.9" TYPE="SECTION">
<HEAD>§ 56.6200   Delivery to storage or blast site areas.</HEAD>
<P>Explosive material shall be transported without undue delay to the storage area or blast site. 


</P>
</DIV8>


<DIV8 N="§ 56.6201" NODE="30:1.0.1.8.29.5.48.10" TYPE="SECTION">
<HEAD>§ 56.6201   Separation of transported explosive material.</HEAD>
<P>Detonators shall not be transported on the same vehicle or conveyance with other explosives except as follows: 
</P>
<P>(a) Detonators in quantities of more than 1000 may be transported in a vehicle or conveyance with explosives or blasting agents provided the detonators are—
</P>
<P>(1) Maintained in the original packaging as shipped from the manufacturer; and 
</P>
<P>(2) Separated from explosives or blasting agents by 4 inches of hardwood or equivalent, or a laminated partition. The hardwood or equivalent shall be fastened to the vehicle or conveyance. When a laminated partition is used, operators must follow the provisions of the Institute of Makers of Explosives (IME) Safety Library Publication No.22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; <I>https://www.ime.org.</I> This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(b) Detonators in quantities of 1000 or fewer may be transported with explosives or blasting agents provided the detonators are—
</P>
<P>(1) Kept in closed containers; and 
</P>
<P>(2) Separated from explosives or blasting agents by 4 inches of hardwood or equivalent, or a laminated partition. The hardwood or equivalent shall be fastened to the vehicle or conveyance. When a laminated partition is used, operators must follow the provisions of IME Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; <I>https://www.ime.org.</I> This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 80 FR 52987, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 56.6202" NODE="30:1.0.1.8.29.5.48.11" TYPE="SECTION">
<HEAD>§ 56.6202   Vehicles.</HEAD>
<P>(a) Vehicles containing explosive material shall be—
</P>
<P>(1) Maintained in good condition and shall comply with the requirements of subpart M of this part; 
</P>
<P>(2) Equipped with sides and enclosures higher than the explosive material being transported or have the explosive material secured to a nonconductive pallet; 
</P>
<P>(3) Equipped with a cargo space that shall contain the explosive material (passenger areas shall not be considered cargo space); 
</P>
<P>(4) Equipped with at least two multipurpose dry-chemical fire extinguishers or one such extinguisher and an automatic fire suppression system; 
</P>
<P>(5) Posted with warning signs that indicate the contents and are visible from each approach; 
</P>
<P>(6) Occupied only by persons necessary for handling the explosive material; 
</P>
<P>(7) Attended or the cargo compartment locked, except when parked at the blast site and loading is in progress; and 
</P>
<P>(8) Secured while parked by having—
</P>
<P>(i) The brakes set; 
</P>
<P>(ii) The wheels chocked if movement could occur; and 
</P>
<P>(iii) The engine shut off unless powering a device being used in the loading operation. 
</P>
<P>(b) Vehicles containing explosives shall have—
</P>
<P>(1) No sparking material exposed in the cargo space; and 
</P>
<P>(2) Only properly secured nonsparking equipment in the cargo space with the explosives. 
</P>
<P>(c) Vehicles used for dispensing bulk explosive material shall—
</P>
<P>(1) Have no zinc or copper exposed in the cargo space; and 
</P>
<P>(2) Provide any enclosed screw-type conveyors with protection against internal pressure and frictional heat. 


</P>
</DIV8>


<DIV8 N="§ 56.6203" NODE="30:1.0.1.8.29.5.48.12" TYPE="SECTION">
<HEAD>§ 56.6203   Locomotives.</HEAD>
<P>Explosive material shall not be transported on a locomotive. When explosive material is hauled by trolley locomotive, covered, electrically insulated cars shall be used. 


</P>
</DIV8>


<DIV8 N="§ 56.6204" NODE="30:1.0.1.8.29.5.48.13" TYPE="SECTION">
<HEAD>§ 56.6204   Hoists.</HEAD>
<P>(a) Before explosive material is transported in hoist conveyances, the hoist operator shall be notified. 
</P>
<P>(b) Explosive material transported in hoist conveyances shall be placed within a container which prevents shifting of the cargo that could cause detonation of the container by impact or by sparks. The manufacturer's container may be used if secured to a nonconductive pallet. When explosives are transported, they shall be secured so as not to contact any sparking material. 
</P>
<P>(c) No explosive material shall be transported during a mantrip. 


</P>
</DIV8>


<DIV8 N="§ 56.6205" NODE="30:1.0.1.8.29.5.48.14" TYPE="SECTION">
<HEAD>§ 56.6205   Conveying explosives by hand.</HEAD>
<P>Closed, nonconductive containers shall be used to carry explosives and detonators to and from blast sites. Separate containers shall be used for explosives and detonators. 


</P>
</DIV8>

</DIV7>


<DIV7 N="49" NODE="30:1.0.1.8.29.5.49" TYPE="SUBJGRP">
<HEAD>Use</HEAD>


<DIV8 N="§ 56.6300" NODE="30:1.0.1.8.29.5.49.15" TYPE="SECTION">
<HEAD>§ 56.6300   Control of blasting operations.</HEAD>
<P>(a) Only persons trained and experienced in the handling and use of explosive material shall direct blasting operations and related activities. 
</P>
<P>(b) Trainees and inexperienced persons shall work only in the immediate presence of persons trained and experienced in the handling and use of explosive material. 


</P>
</DIV8>


<DIV8 N="§ 56.6301" NODE="30:1.0.1.8.29.5.49.16" TYPE="SECTION">
<HEAD>§ 56.6301   Blasthole obstruction check.</HEAD>
<P>Before loading, blastholes shall be checked and, wherever possible, cleared of obstructions. 


</P>
</DIV8>


<DIV8 N="§ 56.6302" NODE="30:1.0.1.8.29.5.49.17" TYPE="SECTION">
<HEAD>§ 56.6302   Separation of explosive material.</HEAD>
<P>Explosives and blasting agents shall be kept separated from detonators until loading begins. 


</P>
</DIV8>


<DIV8 N="§ 56.6303" NODE="30:1.0.1.8.29.5.49.18" TYPE="SECTION">
<HEAD>§ 56.6303   Initiation preparation.</HEAD>
<P>(a) Primers shall be made up only at the time of use and as close to the blast site as conditions allow. 
</P>
<P>(b) Primers shall be prepared with the detonator contained securely and completely within the explosive or contained securely and appropriately for its design in the tunnel or cap well. 
</P>
<P>(c) When using detonating cord to initiate another explosive, a connection shall be prepared with the detonating cord threaded through, attached securely to, or otherwise in contact with the explosive. 


</P>
</DIV8>


<DIV8 N="§ 56.6304" NODE="30:1.0.1.8.29.5.49.19" TYPE="SECTION">
<HEAD>§ 56.6304   Primer protection.</HEAD>
<P>(a) Tamping shall not be done directly on a primer. 
</P>
<P>(b) Rigid cartridges of explosives or blasting agents that are 4 inches (100 millimeters) in diameter or larger shall not be dropped on the primer except where the blasthole contains sufficient depth of water to protect the primer from impact. Slit packages of prill, water gel, or emulsions are not considered rigid cartridges and may be drop loaded. 


</P>
</DIV8>


<DIV8 N="§ 56.6305" NODE="30:1.0.1.8.29.5.49.20" TYPE="SECTION">
<HEAD>§ 56.6305   Unused explosive material.</HEAD>
<P>Unused explosive material shall be moved to a protected location as soon as practical after loading operations are completed. 


</P>
</DIV8>


<DIV8 N="§ 56.6306" NODE="30:1.0.1.8.29.5.49.21" TYPE="SECTION">
<HEAD>§ 56.6306   Loading, blasting, and security.</HEAD>
<P>(a) When explosive materials or initiating systems are brought to the blast site, the blast site shall be attended; barricaded and posted with warning signs, such as “Danger,” “Explosives,” or “Keep Out;” or flagged against unauthorized entry. 
</P>
<P>(b) Vehicles and equipment shall not be driven over explosive material or initiating systems in a manner which could contact the material or systems, or create other hazards. 
</P>
<P>(c) Once loading begins, the only activities permitted within the blast site shall be those activities directly related to the blasting operation and the activities of surveying, stemming, sampling of geology, and reopening of holes, provided that reasonable care is exercised. Haulage activity is permitted near the base of a highwall being loaded or awaiting firing, provided no other haulage access exists. 
</P>
<P>(d) Loading and blasting shall be conducted in a manner designed to facilitate a continuous process, with the blast fired as soon as possible following the completion of loading. If blasting a loaded round may be delayed for more than 72 hours, the operator shall notify the appropriate MSHA district office. 
</P>
<P>(e) In electric blasting prior to connecting to the power source, and in nonelectric blasting prior to attaching an initiating device, all persons shall leave the blast area except persons in a blasting shelter or other location that protects them from concussion (shock wave), flying material, and gases. 
</P>
<P>(f) Before firing a blast—
</P>
<P>(1) Ample warning shall be given to allow all persons to be evacuated; 
</P>
<P>(2) Clear exit routes shall be provided for persons firing the round; and 
</P>
<P>(3) All access routes to the blast area shall be guarded or barricaded to prevent the passage of persons or vehicles. 
</P>
<P>(g) Work shall not resume in the blast area until a post-blast examination addressing potential blast-related hazards has been conducted by a person with the ability and experience to perform the examination. 


</P>
</DIV8>


<DIV8 N="§ 56.6307" NODE="30:1.0.1.8.29.5.49.22" TYPE="SECTION">
<HEAD>§ 56.6307   Drill stem loading.</HEAD>
<P>Explosive material shall not be loaded into blastholes with drill stem equipment or other devices that could be extracted while containing explosive material. The use of loading hose, collar sleeves, or collar pipes is permitted. 


</P>
</DIV8>


<DIV8 N="§ 56.6308" NODE="30:1.0.1.8.29.5.49.23" TYPE="SECTION">
<HEAD>§ 56.6308   Initiation systems.</HEAD>
<P>Initiation systems shall be used in accordance with the manufacturer's instructions. 


</P>
</DIV8>


<DIV8 N="§ 56.6309" NODE="30:1.0.1.8.29.5.49.24" TYPE="SECTION">
<HEAD>§ 56.6309   Fuel oil requirements for ANFO.</HEAD>
<P>(a) Liquid hydrocarbon fuels with flash points lower than that of No. 2 diesel oil (125 °F) shall not be used to prepare ammonium nitrate-fuel oil, except that diesel fuels with flash points no lower than 100 °F may be used at ambient air temperatures below 45 °F. 
</P>
<P>(b) Waste oil, including crankcase oil, shall not be used to prepare ammonium nitrate-fuel oil. 


</P>
</DIV8>


<DIV8 N="§ 56.6310" NODE="30:1.0.1.8.29.5.49.25" TYPE="SECTION">
<HEAD>§ 56.6310   Misfire waiting period.</HEAD>
<P>When a misfire is suspected, persons shall not enter the blast area—
</P>
<P>(a) For 30 minutes if safety fuse and blasting caps are used;
</P>
<P>(b) For 15 minutes if any other type detonators are used; or
</P>
<P>(c) For 30 minutes if electronic detonators are used, or for the manufacturer-recommended time, whichever is longer.
</P>
<CITA TYPE="N">[61 FR 36795, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 56.6311" NODE="30:1.0.1.8.29.5.49.26" TYPE="SECTION">
<HEAD>§ 56.6311   Handling of misfires.</HEAD>
<P>(a) Faces and muck piles shall be examined for misfires after each blasting operation. 
</P>
<P>(b) Only work necessary to remove a misfire and protect the safety of miners engaged in the removal shall be permitted in the affected area until the misfire is disposed of in a safe manner. 
</P>
<P>(c) When a misfire cannot be disposed of safely, each approach to the area affected by the misfire shall be posted with a warning sign at a conspicuous location to prohibit entry, and the condition shall be reported immediately to mine management. 
</P>
<P>(d) Misfires occurring during the shift shall be reported to mine management not later than the end of the shift. 


</P>
</DIV8>


<DIV8 N="§ 56.6312" NODE="30:1.0.1.8.29.5.49.27" TYPE="SECTION">
<HEAD>§ 56.6312   Secondary blasting.</HEAD>
<P>Secondary blasts fired at the same time in the same work area shall be initiated from one source. 


</P>
</DIV8>

</DIV7>


<DIV7 N="50" NODE="30:1.0.1.8.29.5.50" TYPE="SUBJGRP">
<HEAD>Electric Blasting</HEAD>


<DIV8 N="§ 56.6400" NODE="30:1.0.1.8.29.5.50.28" TYPE="SECTION">
<HEAD>§ 56.6400   Compatibility of electric detonators.</HEAD>
<P>All electric detonators to be fired in a round shall be from the same manufacturer and shall have similar electrical firing characteristics. 


</P>
</DIV8>


<DIV8 N="§ 56.6401" NODE="30:1.0.1.8.29.5.50.29" TYPE="SECTION">
<HEAD>§ 56.6401   Shunting.</HEAD>
<P>Except during testing—
</P>
<P>(a) Electric detonators shall be kept shunted until connected to the blasting line or wired into a blasting round; 
</P>
<P>(b) Wired rounds shall be kept shunted until connected to the blasting line; and 
</P>
<P>(c) Blasting lines shall be kept shunted until immediately before blasting. 


</P>
</DIV8>


<DIV8 N="§ 56.6402" NODE="30:1.0.1.8.29.5.50.30" TYPE="SECTION">
<HEAD>§ 56.6402   Deenergized circuits near detonators.</HEAD>
<P>Electrical distribution circuits within 50 feet of electric detonators at the blast site shall be deenergized. Such circuits need not be deenergized between 25 to 50 feet of the electric detonators if stray current tests, conducted as frequently as necessary, indicate a maximum stray current of less than 0.05 amperes through a 1-ohm resistor as measured at the blast site. 


</P>
</DIV8>


<DIV8 N="§ 56.6403" NODE="30:1.0.1.8.29.5.50.31" TYPE="SECTION">
<HEAD>§ 56.6403   Branch circuits.</HEAD>
<P>(a) If electric blasting includes the use of branch circuits, each branch shall be equipped with a safety switch or equivalent method to isolate the circuits to be used. 
</P>
<P>(b) At least one safety switch or equivalent method of protection shall be located outside the blast area and shall be in the open position until persons are withdrawn. 


</P>
</DIV8>


<DIV8 N="§ 56.6404" NODE="30:1.0.1.8.29.5.50.32" TYPE="SECTION">
<HEAD>§ 56.6404   Separation of blasting circuits from power source.</HEAD>
<P>(a) Switches used to connect the power source to a blasting circuit shall be locked in the open position except when closed to fire the blast. 
</P>
<P>(b) Lead wires shall not be connected to the blasting switch until the shot is ready to be fired. 


</P>
</DIV8>


<DIV8 N="§ 56.6405" NODE="30:1.0.1.8.29.5.50.33" TYPE="SECTION">
<HEAD>§ 56.6405   Firing devices.</HEAD>
<P>(a) Power sources shall be capable of delivering sufficient current to energize all electric detonators to be fired with the type of circuits used. Storage or dry cell batteries are not permitted as power sources. 
</P>
<P>(b) Blasting machines shall be tested, repaired, and maintained in accordance with manufacturer's instructions. 
</P>
<P>(c) Only the blaster shall have the key or other control to an electrical firing device. 


</P>
</DIV8>


<DIV8 N="§ 56.6406" NODE="30:1.0.1.8.29.5.50.34" TYPE="SECTION">
<HEAD>§ 56.6406   Duration of current flow.</HEAD>
<P>If any part of a blast is connected in parallel and is to be initiated from powerlines or lighting circuits, the time of current flow shall be limited to a maximum of 25 milliseconds. This can be accomplished by incorporating an arcing control device in the blasting circuit or by interrupting the circuit with an explosive device attached to one or both lead lines and initiated by a 25-millisecond delay electric detonator. 


</P>
</DIV8>


<DIV8 N="§ 56.6407" NODE="30:1.0.1.8.29.5.50.35" TYPE="SECTION">
<HEAD>§ 56.6407   Circuit testing.</HEAD>
<P>A blasting galvanometer or other instrument designed for testing blasting circuits shall be used to test each of the following: 
</P>
<P>(a) Continuity of each electric or electronic detonator in the blasthole prior to stemming and connection to the blasting line. 
</P>
<P>(b) Resistance of individual series or the resistance of multiple balanced series to be connected in parallel prior to their connection to the blasting line. 
</P>
<P>(c) Continuity of blasting lines prior to the connection of electric or electronic detonator series. 
</P>
<P>(d) Total blasting circuit resistance prior to connection to the power source. 
</P>
<CITA TYPE="N">[61 FR 36795, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="51" NODE="30:1.0.1.8.29.5.51" TYPE="SUBJGRP">
<HEAD>Nonelectric Blasting</HEAD>


<DIV8 N="§ 56.6500" NODE="30:1.0.1.8.29.5.51.36" TYPE="SECTION">
<HEAD>§ 56.6500   Damaged initiating material.</HEAD>
<P>A visual check of the completed circuit shall be made to ensure that the components are properly aligned and connected. Safety fuse, igniter cord, detonating cord, shock or gas tubing, and similar material which is kinked, bent sharply, or damaged shall not be used. 


</P>
</DIV8>


<DIV8 N="§ 56.6501" NODE="30:1.0.1.8.29.5.51.37" TYPE="SECTION">
<HEAD>§ 56.6501   Nonelectric initiation systems.</HEAD>
<P>(a) When the nonelectric initiation system uses shock tube—
</P>
<P>(1) Connections with other initiation devices shall be secured in a manner which provides for uninterrupted propagation; 
</P>
<P>(2) Factory-made units shall be used as assembled and shall not be cut except that a single splice is permitted on the lead-in trunkline during dry conditions; and 
</P>
<P>(3) Connections between blastholes shall not be made until immediately prior to clearing the blast site when surface delay detonators are used. 
</P>
<P>(b) When the nonelectric initiation system uses detonating cord—
</P>
<P>(1) The line of detonating cord extending out of a blasthole shall be cut from the supply spool immediately after the attached explosive is correctly positioned in the hole; 
</P>
<P>(2) In multiple row blasts, the trunkline layout shall be designed so that the detonation can reach each blasthole from at least two directions; 
</P>
<P>(3) Connections shall be tight and kept at right angles to the trunkline; 
</P>
<P>(4) Detonators shall be attached securely to the side of the detonating cord and pointed in the direction in which detonation is to proceed; 
</P>
<P>(5) Connections between blastholes shall not be made until immediately prior to clearing the blast site when surface delay detonators are used; and 
</P>
<P>(6) Lead-in lines shall be manually unreeled if connected to the trunklines at the blast site. 
</P>
<P>(c) When the nonelectric initiation system uses gas tube, continuity of the circuit shall be tested prior to blasting. 


</P>
</DIV8>


<DIV8 N="§ 56.6502" NODE="30:1.0.1.8.29.5.51.38" TYPE="SECTION">
<HEAD>§ 56.6502   Safety fuse.</HEAD>
<P>(a) The burning rate of each spool of safety fuse to be used shall be measured, posted in locations which will be conspicuous to safety fuse users, and brought to the attention of all persons involved with the blasting operation. 
</P>
<P>(b) When firing with safety fuse ignited individually using handheld lighters, the safety fuse shall be of lengths which provide at least the minimum burning time for a particular size round, as specified in the following table: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table E-1—Safety Fuse—Minimum Burning Time
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Number of holes in a round 
</TH><TH class="gpotbl_colhed" scope="col">Minimum
<br/>burning time
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="left" class="gpotbl_cell">2 min. 
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2-5</TD><TD align="left" class="gpotbl_cell">2 min. 40 sec.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6-10</TD><TD align="left" class="gpotbl_cell">3 min. 20 sec.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">11 to 15</TD><TD align="left" class="gpotbl_cell">5 min.
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> For example, at least a 36-inch length of 40-second-per-foot safety fuse or at least a 48-inch length of 30-second-per-foot safety fuse would have to be used to allow sufficient time to evacuate the area.</P></DIV></DIV>
<P>(c) Where flyrock might damage exposed safety fuse, the blast shall be timed so that all safety fuses are burning within the blastholes before any blasthole detonates. 
</P>
<P>(d) Fuse shall be cut and capped in dry locations. 
</P>
<P>(e) Blasting caps shall be crimped to fuse only with implements designed for that purpose. 
</P>
<P>(f) Safety fuse shall be ignited only after the primer and the explosive material are securely in place. 
</P>
<P>(g) Safety fuse shall be ignited only with devices designed for that purpose. Carbide lights, liquefied petroleum gas torches, and cigarette lighters shall not be used to light safety fuse. 
</P>
<P>(h) At least two persons shall be present when lighting safety fuse, and no one shall light more than 15 individual fuses. If more than 15 holes per person are to be fired, electric initiation systems, igniter cord and connectors, or other nonelectric initiation systems shall be used. 


</P>
</DIV8>

</DIV7>


<DIV7 N="52" NODE="30:1.0.1.8.29.5.52" TYPE="SUBJGRP">
<HEAD>Extraneous Electricity</HEAD>


<DIV8 N="§ 56.6600" NODE="30:1.0.1.8.29.5.52.39" TYPE="SECTION">
<HEAD>§ 56.6600   Loading practices.</HEAD>
<P>If extraneous electricity is suspected in an area where electric detonators are used, loading shall be suspended until tests determine that stray current does not exceed 0.05 amperes through a 1-ohm resister when measured at the location of the electric detonators. If greater levels of extraneous electricity are found, the source shall be determined and no loading shall take place until the condition is corrected. 


</P>
</DIV8>


<DIV8 N="§ 56.6601" NODE="30:1.0.1.8.29.5.52.40" TYPE="SECTION">
<HEAD>§ 56.6601   Grounding.</HEAD>
<P>Electric blasting circuits, including powerline sources when used, shall not be grounded. 


</P>
</DIV8>


<DIV8 N="§ 56.6602" NODE="30:1.0.1.8.29.5.52.41" TYPE="SECTION">
<HEAD>§ 56.6602   Static electricity dissipation during loading.</HEAD>
<P>When explosive material is loaded pneumatically into a blasthole in a manner that generates a static electricity hazard—
</P>
<P>(a) An evaluation of the potential static electricity hazard shall be made and any hazard shall be eliminated before loading begins; 
</P>
<P>(b) The loading hose shall be of a semiconductive type, have a total of not more than 2 megohms of resistance over its entire length and not less than 1000 ohms of resistance per foot; 
</P>
<P>(c) Wire-countered hoses shall not be used; 
</P>
<P>(d) Conductive parts of the loading equipment shall be bonded and grounded and grounds shall not be made to other potential sources of extraneous electricity; and 
</P>
<P>(e) Plastic tubes shall not be used as hole liners if the hole contains an electric detonator. 


</P>
</DIV8>


<DIV8 N="§ 56.6603" NODE="30:1.0.1.8.29.5.52.42" TYPE="SECTION">
<HEAD>§ 56.6603   Air gap.</HEAD>
<P>At least a 15-foot air gap shall be provided between the blasting circuit and the electric power source. 


</P>
</DIV8>


<DIV8 N="§ 56.6604" NODE="30:1.0.1.8.29.5.52.43" TYPE="SECTION">
<HEAD>§ 56.6604   Precautions during storms.</HEAD>
<P>During the approach and progress of an electrical storm, blasting operations shall be suspended and persons withdrawn from the blast area or to a safe location. 


</P>
</DIV8>


<DIV8 N="§ 56.6605" NODE="30:1.0.1.8.29.5.52.44" TYPE="SECTION">
<HEAD>§ 56.6605   Isolation of blasting circuits.</HEAD>
<P>Lead wires and blasting lines shall be isolated and insulated from power conductors, pipelines, and railroad tracks, and shall be protected from sources of stray or static electricity. Blasting circuits shall be protected from any contact between firing lines and overhead powerlines which could result from the force of a blast. 


</P>
</DIV8>

</DIV7>


<DIV7 N="53" NODE="30:1.0.1.8.29.5.53" TYPE="SUBJGRP">
<HEAD>Equipment/Tools</HEAD>


<DIV8 N="§ 56.6700" NODE="30:1.0.1.8.29.5.53.45" TYPE="SECTION">
<HEAD>§ 56.6700   Nonsparking tools.</HEAD>
<P>Only nonsparking tools shall be used to open containers of explosive material or to punch holes in explosive cartridges. 


</P>
</DIV8>


<DIV8 N="§ 56.6701" NODE="30:1.0.1.8.29.5.53.46" TYPE="SECTION">
<HEAD>§ 56.6701   Tamping and loading pole requirements.</HEAD>
<P>Tamping and loading poles shall be of wood or other nonconductive, nonsparking material. Couplings for poles shall be nonsparking. 


</P>
</DIV8>

</DIV7>


<DIV7 N="54" NODE="30:1.0.1.8.29.5.54" TYPE="SUBJGRP">
<HEAD>Maintenance</HEAD>


<DIV8 N="§ 56.6800" NODE="30:1.0.1.8.29.5.54.47" TYPE="SECTION">
<HEAD>§ 56.6800   Storage facilities.</HEAD>
<P>When repair work which could produce a spark or flame is to be performed on a storage facility—
</P>
<P>(a) The explosive material shall be moved to another facility, or moved at least 50 feet from the repair activity and monitored; and 
</P>
<P>(b) The facility shall be cleaned to prevent accidental detonation. 


</P>
</DIV8>


<DIV8 N="§ 56.6801" NODE="30:1.0.1.8.29.5.54.48" TYPE="SECTION">
<HEAD>§ 56.6801   Vehicle repair.</HEAD>
<P>Vehicles containing explosive material and oxidizers shall not be taken into a repair garage or shop. 


</P>
</DIV8>


<DIV8 N="§ 56.6802" NODE="30:1.0.1.8.29.5.54.49" TYPE="SECTION">
<HEAD>§ 56.6802   Bulk delivery vehicles.</HEAD>
<P>No welding or cutting shall be performed on a bulk delivery vehicle until the vehicle has been washed down and all explosive material has been removed. Before welding or cutting on a hollow shaft, the shaft shall be thoroughly cleaned inside and out and vented with a minimum 
<FR>1/2</FR>-inch diameter opening to allow for sufficient ventilation. 


</P>
</DIV8>


<DIV8 N="§ 56.6803" NODE="30:1.0.1.8.29.5.54.50" TYPE="SECTION">
<HEAD>§ 56.6803   Blasting lines.</HEAD>
<P>Permanent blasting lines shall be properly supported. All blasting lines shall be insulated and kept in good repair. 


</P>
</DIV8>

</DIV7>


<DIV7 N="55" NODE="30:1.0.1.8.29.5.55" TYPE="SUBJGRP">
<HEAD>General Requirements</HEAD>


<DIV8 N="§ 56.6900" NODE="30:1.0.1.8.29.5.55.51" TYPE="SECTION">
<HEAD>§ 56.6900   Damaged or deteriorated explosive material.</HEAD>
<P>Damaged or deteriorated explosive material shall be disposed of in a safe manner in accordance with the instructions of the manufacturer. 


</P>
</DIV8>


<DIV8 N="§ 56.6901" NODE="30:1.0.1.8.29.5.55.52" TYPE="SECTION">
<HEAD>§ 56.6901   Black powder.</HEAD>
<P>(a) Black powder shall be used for blasting only when a desired result cannot be obtained with another type of explosive, such as in quarrying certain types of dimension stone. 
</P>
<P>(b) Containers of black powder shall be—
</P>
<P>(1) Nonsparking; 
</P>
<P>(2) Kept in a totally enclosed cargo space while being transported by a vehicle; 
</P>
<P>(3) Securely closed at all times when—
</P>
<P>(i) Within 50 feet of any magazine or open flame; 
</P>
<P>(ii) Within any building in which a fuel-fired or exposed-element electric heater is operating; or 
</P>
<P>(iii) In an area where electrical or incandescent-particle sparks could result in powder ignition; and 
</P>
<P>(4) Opened only when the powder is being transferred to a blasthole or another container and only in locations not listed in paragraph (b)(3) of this section. 
</P>
<P>(c) Black powder shall be transferred from containers only by pouring. 
</P>
<P>(d) Spills shall be cleaned up promptly with nonsparking equipment. Contaminated powder shall be put into a container of water and shall be disposed of promptly after the granules have disintegrated, or the spill area shall be flushed promptly with water until the granules have disintegrated completely. 
</P>
<P>(e) Misfires shall be disposed of by washing the stemming and powder charge from the blasthole, and removing and disposing of the initiator in accordance with the requirement for damaged explosives. 
</P>
<P>(f) Holes shall not be reloaded for at least 12 hours when the blastholes have failed to break as planned. 


</P>
</DIV8>


<DIV8 N="§ 56.6902" NODE="30:1.0.1.8.29.5.55.53" TYPE="SECTION">
<HEAD>§ 56.6902   Excessive temperatures.</HEAD>
<P>(a) Where heat could cause premature detonation, explosive material shall not be loaded into hot areas, such as kilns or sprung holes. 
</P>
<P>(b) When blasting sulfide ores where hot holes occur that may react with explosive material in blastholes, operators shall—
</P>
<P>(1) Measure an appropriate number of blasthole temperatures in order to assess the specific mine conditions prior to the introduction of explosive material; 
</P>
<P>(2) Limit the time between the completion of loading and the initiation of the blast to no more than 12 hours; and 
</P>
<P>(3) Take other special precautions to address the specific conditions at the mine to prevent premature detonation. 


</P>
</DIV8>


<DIV8 N="§ 56.6903" NODE="30:1.0.1.8.29.5.55.54" TYPE="SECTION">
<HEAD>§ 56.6903   Burning explosive material.</HEAD>
<P>If explosive material is suspected of burning at the blast site, persons shall be evacuated from the endangered area and shall not return for at least one hour after the burning or suspected burning has stopped. 


</P>
</DIV8>


<DIV8 N="§ 56.6904" NODE="30:1.0.1.8.29.5.55.55" TYPE="SECTION">
<HEAD>§ 56.6904   Smoking and open flames.</HEAD>
<P>Smoking and use of open flames shall not be permitted within 50 feet of explosive material except when separated by permanent noncombustible barriers. This standard does not apply to devices designed to ignite safety fuse or to heating devices which do not create a fire or explosion hazard. 


</P>
</DIV8>


<DIV8 N="§ 56.6905" NODE="30:1.0.1.8.29.5.55.56" TYPE="SECTION">
<HEAD>§ 56.6905   Protection of explosive material.</HEAD>
<P>(a) Explosive material shall be protected from temperatures in excess of 150 degrees Fahrenheit. 
</P>
<P>(b) Explosive material shall be protected from impact, except for tamping and dropping during loading. 


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.8.29.6" TYPE="SUBPART">
<HEAD>Subpart F—Drilling and Rotary Jet Piercing</HEAD>


<DIV7 N="56" NODE="30:1.0.1.8.29.6.56" TYPE="SUBJGRP">
<HEAD>Drilling</HEAD>


<DIV8 N="§ 56.7002" NODE="30:1.0.1.8.29.6.56.1" TYPE="SECTION">
<HEAD>§ 56.7002   Equipment defects.</HEAD>
<P>Equipment defects affecting safety shall be corrected before the equipment is used.


</P>
</DIV8>


<DIV8 N="§ 56.7003" NODE="30:1.0.1.8.29.6.56.2" TYPE="SECTION">
<HEAD>§ 56.7003   Drill area inspection.</HEAD>
<P>The drilling area shall be inspected for hazards before starting the drilling operations. 


</P>
</DIV8>


<DIV8 N="§ 56.7004" NODE="30:1.0.1.8.29.6.56.3" TYPE="SECTION">
<HEAD>§ 56.7004   Drill mast.</HEAD>
<P>Persons shall not be on a mast while the drill-bit is in operation unless they are provided with a safe platform from which to work and they are required to use safety belts to avoid falling.


</P>
</DIV8>


<DIV8 N="§ 56.7005" NODE="30:1.0.1.8.29.6.56.4" TYPE="SECTION">
<HEAD>§ 56.7005   Augers and drill stems.</HEAD>
<P>Drill crews and others shall stay clear of augers or drill stems that are in motion. Persons shall not pass under or step over a moving stem or auger.


</P>
</DIV8>


<DIV8 N="§ 56.7008" NODE="30:1.0.1.8.29.6.56.5" TYPE="SECTION">
<HEAD>§ 56.7008   Moving the drill.</HEAD>
<P>When a drill is being moved from one drilling area to another, drill steel, tools, and other equipment shall be secured and the mast placed in a safe position.


</P>
</DIV8>


<DIV8 N="§ 56.7009" NODE="30:1.0.1.8.29.6.56.6" TYPE="SECTION">
<HEAD>§ 56.7009   Drill helpers.</HEAD>
<P>If a drill helper assists the drill operator during movement of a drill to a new location, the helper shall be in sight of, or in communication with, the operator at all times.


</P>
</DIV8>


<DIV8 N="§ 56.7010" NODE="30:1.0.1.8.29.6.56.7" TYPE="SECTION">
<HEAD>§ 56.7010   Power failures.</HEAD>
<P>In the event of power failure, drill controls shall be placed in the neutral position until power is restored.


</P>
</DIV8>


<DIV8 N="§ 56.7011" NODE="30:1.0.1.8.29.6.56.8" TYPE="SECTION">
<HEAD>§ 56.7011   Straightening crossed cables.</HEAD>
<P>The drill stem shall be resting on the bottom of the hole or on the platform with the stem secured to the mast before attempts are made to straighten a crossed cable on a reel. 


</P>
</DIV8>


<DIV8 N="§ 56.7012" NODE="30:1.0.1.8.29.6.56.9" TYPE="SECTION">
<HEAD>§ 56.7012   Tending drills in operation.</HEAD>
<P>While in operation, drills shall be attended at all times.


</P>
</DIV8>


<DIV8 N="§ 56.7013" NODE="30:1.0.1.8.29.6.56.10" TYPE="SECTION">
<HEAD>§ 56.7013   Covering or guarding drill holes.</HEAD>
<P>Drill holes large enough to constitute a hazard shall be covered or guarded.


</P>
</DIV8>


<DIV8 N="§ 56.7018" NODE="30:1.0.1.8.29.6.56.11" TYPE="SECTION">
<HEAD>§ 56.7018   Hand clearance.</HEAD>
<P>Persons shall not hold the drill steel while collaring holes, or rest their hands on the chuck or centralizer while drilling.


</P>
</DIV8>


<DIV8 N="§ 56.7050" NODE="30:1.0.1.8.29.6.56.12" TYPE="SECTION">
<HEAD>§ 56.7050   Tool and drill steel racks.</HEAD>
<P>Receptacles or racks shall be provided for drill steel and tools stored or carried on drills.


</P>
</DIV8>


<DIV8 N="§ 56.7051" NODE="30:1.0.1.8.29.6.56.13" TYPE="SECTION">
<HEAD>§ 56.7051   Loose objects on the mast or drill platform.</HEAD>
<P>To prevent injury to personnel, tools and other objects shall not be left loose on the mast or drill platform.


</P>
</DIV8>


<DIV8 N="§ 56.7052" NODE="30:1.0.1.8.29.6.56.14" TYPE="SECTION">
<HEAD>§ 56.7052   Drilling positions.</HEAD>
<P>Persons shall not drill from—
</P>
<P>(a) Positions which hinder their access to the control levers;
</P>
<P>(b) Insecure footing or insecure staging; or
</P>
<P>(c) Atop equipment not suitable for drilling. 


</P>
</DIV8>


<DIV8 N="§ 56.7053" NODE="30:1.0.1.8.29.6.56.15" TYPE="SECTION">
<HEAD>§ 56.7053   Moving hand-held drills.</HEAD>
<P>Before hand-held drills are moved from one working area to another, air shall be turned off and bled from the hose.


</P>
</DIV8>


<DIV8 N="§ 56.7055" NODE="30:1.0.1.8.29.6.56.16" TYPE="SECTION">
<HEAD>§ 56.7055   Intersecting holes.</HEAD>
<P>Holes shall not be drilled where there is a danger of intersecting a misfired hole or a hole containing explosives blasting agents, or detonators.
</P>
<CITA TYPE="N">[56 FR 46508, Sept. 12, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 56.7056" NODE="30:1.0.1.8.29.6.56.17" TYPE="SECTION">
<HEAD>§ 56.7056   Collaring in bootlegs.</HEAD>
<P>Holes shall not be collared in bootlegs.
</P>
<CITA TYPE="N">[56 FR 46508, Sept. 12, 1991]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="57" NODE="30:1.0.1.8.29.6.57" TYPE="SUBJGRP">
<HEAD>Rotary Jet Piercing</HEAD>


<DIV8 N="§ 56.7801" NODE="30:1.0.1.8.29.6.57.18" TYPE="SECTION">
<HEAD>§ 56.7801   Jet drills.</HEAD>
<P>Jet piercing drills shall be provided with—
</P>
<P>(a) A system to pressurize the equipment operator's cab, when a cab is provided; and 
</P>
<P>(b) A protective cover over the oxygen flow indicator.


</P>
</DIV8>


<DIV8 N="§ 56.7802" NODE="30:1.0.1.8.29.6.57.19" TYPE="SECTION">
<HEAD>§ 56.7802   Oxygen hose lines.</HEAD>
<P>Safety chains or other suitable locking devices shall be provided across connections to and between high pressure oxygen hose lines of 1-inch inside diameter or larger.


</P>
</DIV8>


<DIV8 N="§ 56.7803" NODE="30:1.0.1.8.29.6.57.20" TYPE="SECTION">
<HEAD>§ 56.7803   Lighting the burner.</HEAD>
<P>A suitable means of protection shall be provided for the employee when lighting the burner.


</P>
</DIV8>


<DIV8 N="§ 56.7804" NODE="30:1.0.1.8.29.6.57.21" TYPE="SECTION">
<HEAD>§ 56.7804   Refueling.</HEAD>
<P>When rotary jet piercing equipment requires refueling at locations other than fueling stations, a system for fueling without spillage shall be provided.


</P>
</DIV8>


<DIV8 N="§ 56.7805" NODE="30:1.0.1.8.29.6.57.22" TYPE="SECTION">
<HEAD>§ 56.7805   Smoking and open flames.</HEAD>
<P>Persons shall not smoke and open flames shall not be used in the vicinity of the oxygen storage and supply lines. Signs warning against smoking and open flames shall be posted in these areas.


</P>
</DIV8>


<DIV8 N="§ 56.7806" NODE="30:1.0.1.8.29.6.57.23" TYPE="SECTION">
<HEAD>§ 56.7806   Oxygen intake coupling.</HEAD>
<P>The oxygen intake coupling on jet-piercing drills shall be constructed so that only the oxygen hose can be coupled to it.


</P>
</DIV8>


<DIV8 N="§ 56.7807" NODE="30:1.0.1.8.29.6.57.24" TYPE="SECTION">
<HEAD>§ 56.7807   Flushing the combustion chamber.</HEAD>
<P>The combustion chamber of a jet drill stem which has been sitting unoperated in a drill hole shall be flushed with a suitable solvent after the stem is pulled up.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="G" NODE="30:1.0.1.8.29.7" TYPE="SUBPART">
<HEAD>Subpart G [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:1.0.1.8.29.8" TYPE="SUBPART">
<HEAD>Subpart H—Loading, Hauling, and Dumping</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 32520, Aug. 25, 1988, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV7 N="58" NODE="30:1.0.1.8.29.8.58" TYPE="SUBJGRP">
<HEAD>Traffic Safety</HEAD>


<DIV8 N="§ 56.9100" NODE="30:1.0.1.8.29.8.58.1" TYPE="SECTION">
<HEAD>§ 56.9100   Traffic control.</HEAD>
<P>To provide for the safe movement of self-propelled mobile equipment—
</P>
<P>(a) Rules governing speed, right-of-way, direction of movement, and the use of headlights to assure appropriate visibility, shall be established and followed at each mine; and 
</P>
<P>(b) Signs or signals that warn of hazardous conditions shall be placed at appropriate locations at each mine.


</P>
</DIV8>


<DIV8 N="§ 56.9101" NODE="30:1.0.1.8.29.8.58.2" TYPE="SECTION">
<HEAD>§ 56.9101   Operating speeds and control of equipment.</HEAD>
<P>Operators of self-propelled mobile equipment shall maintain control of the equipment while it is in motion. Operating speeds shall be consistent with conditions of roadways, tracks, grades, clearance, visibility, and traffic, and the type of equipment used.


</P>
</DIV8>


<DIV8 N="§ 56.9102" NODE="30:1.0.1.8.29.8.58.3" TYPE="SECTION">
<HEAD>§ 56.9102   Movement of independently operating rail equipment.</HEAD>
<P>Movement of two or more pieces of rail equipment operating independently on the same track shall be controlled for safe operation.


</P>
</DIV8>


<DIV8 N="§ 56.9103" NODE="30:1.0.1.8.29.8.58.4" TYPE="SECTION">
<HEAD>§ 56.9103   Clearance on adjacent tracks.</HEAD>
<P>Railcars shall not be left on side tracks unless clearance is provided for traffic on adjacent tracks.


</P>
</DIV8>


<DIV8 N="§ 56.9104" NODE="30:1.0.1.8.29.8.58.5" TYPE="SECTION">
<HEAD>§ 56.9104   Railroad crossings.</HEAD>
<P>Designated railroad crossings shall be posted with warning signs or signals, or shall be guarded when trains are passing. These crossings shall also be planked or filled between the rails.


</P>
</DIV8>

</DIV7>


<DIV7 N="59" NODE="30:1.0.1.8.29.8.59" TYPE="SUBJGRP">
<HEAD>Transportation of Persons and Materials</HEAD>


<DIV8 N="§ 56.9200" NODE="30:1.0.1.8.29.8.59.6" TYPE="SECTION">
<HEAD>§ 56.9200   Transporting persons.</HEAD>
<P>Persons shall not be transported—
</P>
<P>(a) In or on dippers, forks, clamshells, or buckets except shaft buckets during shaft-sinking operations or during inspection, maintenance and repair of shafts.
</P>
<P>(b) In beds of mobile equipment or railcars, unless—
</P>
<P>(1) Provisions are made for secure travel, and
</P>
<P>(2) Means are taken to prevent accidental unloading if the equipment is provided with unloading devices;
</P>
<P>(c) On top of loads in mobile equipment;
</P>
<P>(d) Outside cabs, equipment operators' stations, and beds of mobile equipment, except when necessary for maintenance, testing, or training purposes, and provisions are made for secure travel. This provision does not apply to rail equipment.
</P>
<P>(e) Between cars of trains, on the leading end of trains, on the leading end of a single railcar, or in other locations on trains that expose persons to hazards from train movement.
</P>
<P>(1) This paragraph does not apply to car droppers if they are secured with safety belts and lines which prevent them from falling off the work platform.
</P>
<P>(2) Brakemen and trainmen are prohibited from riding between cars of moving trains, but may ride on the leading end of trains or other locations when necessary to perform their duties;
</P>
<P>(f) To and from work areas in overcrowded mobile equipment;
</P>
<P>(g) In mobile equipment with materials or equipment unless the items are secured or are small and can be carried safely by hand without creating a hazard to persons; or 
</P>
<P>(h) On conveyors unless the conveyors are designed to provide for their safe transportation.


</P>
</DIV8>


<DIV8 N="§ 56.9201" NODE="30:1.0.1.8.29.8.59.7" TYPE="SECTION">
<HEAD>§ 56.9201   Loading, hauling, and unloading of equipment or supplies.</HEAD>
<P>Equipment and supplies shall be loaded, transported, and unloaded in a manner which does not create a hazard to persons from falling or shifting equipment or supplies.


</P>
</DIV8>


<DIV8 N="§ 56.9202" NODE="30:1.0.1.8.29.8.59.8" TYPE="SECTION">
<HEAD>§ 56.9202   Loading and hauling large rocks.</HEAD>
<P>Large rocks shall be broken before loading if they could endanger persons or affect the stability of mobile equipment. Mobile equipment used for haulage of mined material shall be loaded to minimize spillage where a hazard to persons could be created.


</P>
</DIV8>

</DIV7>


<DIV7 N="60" NODE="30:1.0.1.8.29.8.60" TYPE="SUBJGRP">
<HEAD>Safety Devices, Provisions, and Procedures for Roadways, Railroads, and Loading and Dumping Sites</HEAD>


<DIV8 N="§ 56.9300" NODE="30:1.0.1.8.29.8.60.9" TYPE="SECTION">
<HEAD>§ 56.9300   Berms or guardrails.</HEAD>
<P>(a) Berms or guardrails shall be provided and maintained on the banks of roadways where a drop-off exists of sufficient grade or depth to cause a vehicle to overturn or endanger persons in equipment.
</P>
<P>(b) Berms or guardrails shall be at least mid-axle height of the largest self-propelled mobile equipment which usually travels the roadway.
</P>
<P>(c) Berms may have openings to the extent necessary for roadway drainage.
</P>
<P>(d) Where elevated roadways are infrequently traveled and used only by service or maintenance vehicles, berms or guardrails are not required when all of the following are met:
</P>
<P>(1) Locked gates are installed at the entrance points to the roadway.
</P>
<P>(2) Signs are posted warning that the roadway is not bermed.
</P>
<P>(3) Delineators are installed along the perimeter of the elevated roadway so that, for both directions of travel, the reflective surfaces of at least three delineators along each elevated shoulder are always visible to the driver and spaced at intervals sufficient to indicate the edges and attitude of the roadway.
</P>
<P>(4) A maximum speed limit is posted and observed for the elevated unbermed portions of the roadway. Factors to consider when establishing the maximum speed limit shall include the width, slope and alignment of the road, the type of equipment using the road, the road material, and any hazardous conditions which may exist.
</P>
<P>(5) Road surface traction is not impaired by weather conditions, such as sleet and snow, unless corrective measures are taken to improve traction.
</P>
<P>(e) This standard is not applicable to rail beds.
</P>
<CITA TYPE="N">[53 FR 32520, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 56.9301" NODE="30:1.0.1.8.29.8.60.10" TYPE="SECTION">
<HEAD>§ 56.9301   Dump site restraints.</HEAD>
<P>Berms, bumper blocks, safety hooks, or similar impeding devices shall be provided at dumping locations where there is a hazard of overtravel or overturning.


</P>
</DIV8>


<DIV8 N="§ 56.9302" NODE="30:1.0.1.8.29.8.60.11" TYPE="SECTION">
<HEAD>§ 56.9302   Protection against moving or runaway railroad equipment.</HEAD>
<P>Stopblocks, derail devices, or other devices that protect against moving or runaway rail equipment shall be installed wherever necessary to protect persons.


</P>
</DIV8>


<DIV8 N="§ 56.9303" NODE="30:1.0.1.8.29.8.60.12" TYPE="SECTION">
<HEAD>§ 56.9303   Construction of ramps and dumping facilities.</HEAD>
<P>Ramps and dumping facilities shall be designed and constructed of materials capable of supporting the loads to which they will be subjected. The ramps and dumping facilities shall provide width, clearance, and headroom to safely accommodate the mobile equipment using the facilities.


</P>
</DIV8>


<DIV8 N="§ 56.9304" NODE="30:1.0.1.8.29.8.60.13" TYPE="SECTION">
<HEAD>§ 56.9304   Unstable ground.</HEAD>
<P>(a) Dumping locations shall be visually inspected prior to work commencing and as ground conditions warrant.
</P>
<P>(b) Where there is evidence that the ground at a dumping location may fail to support the mobile equipment, loads shall be dumped a safe distance back from the edge of the unstable area of the bank. 


</P>
</DIV8>


<DIV8 N="§ 56.9305" NODE="30:1.0.1.8.29.8.60.14" TYPE="SECTION">
<HEAD>§ 56.9305   Truck spotters.</HEAD>
<P>(a) If truck spotters are used, they shall be in the clear while trucks are backing into dumping position or dumping.
</P>
<P>(b) Spotters shall use signal lights to direct trucks where visibility is limited.
</P>
<P>(c) When a truck operator cannot clearly recognize the spotter's signals, the truck shall be stopped. 


</P>
</DIV8>


<DIV8 N="§ 56.9306" NODE="30:1.0.1.8.29.8.60.15" TYPE="SECTION">
<HEAD>§ 56.9306   Warning devices for restricted clearances.</HEAD>
<P>Where restricted clearance creates a hazard to persons on mobile equipment, warning devices shall be installed in advance of the restricted area and the restricted area shall be conspicuously marked.


</P>
</DIV8>


<DIV8 N="§ 56.9307" NODE="30:1.0.1.8.29.8.60.16" TYPE="SECTION">
<HEAD>§ 56.9307   Design, installation, and maintenance of railroads.</HEAD>
<P>Roadbeds and all elements of the railroad tracks shall be designed, installed, and maintained to provide safe operation consistent with the speed and type of haulage used.


</P>
</DIV8>


<DIV8 N="§ 56.9308" NODE="30:1.0.1.8.29.8.60.17" TYPE="SECTION">
<HEAD>§ 56.9308   Switch throws.</HEAD>
<P>Switch throws shall be installed to provide clearance to protect switchmen from contact with moving trains.


</P>
</DIV8>


<DIV8 N="§ 56.9309" NODE="30:1.0.1.8.29.8.60.18" TYPE="SECTION">
<HEAD>§ 56.9309   Chute design.</HEAD>
<P>Chute-loading installations shall be designed to provide a safe location for persons pulling chutes.


</P>
</DIV8>


<DIV8 N="§ 56.9310" NODE="30:1.0.1.8.29.8.60.19" TYPE="SECTION">
<HEAD>§ 56.9310   Chute hazards.</HEAD>
<P>(a) Prior to chute-pulling, persons who could be affected by the draw or otherwise exposed to danger shall be warned and given time to clear the hazardous area.
</P>
<P>(b) Persons attempting to free chute hangups shall be experienced and familiar with the task, know the hazards involved, and use the proper tools to free material.
</P>
<P>(c) When broken rock or material is dumped into an empty chute, the chute shall be equipped with a guard or all persons shall be isolated from the hazard of flying rock or material.


</P>
</DIV8>


<DIV8 N="§ 56.9311" NODE="30:1.0.1.8.29.8.60.20" TYPE="SECTION">
<HEAD>§ 56.9311   Anchoring stationary sizing devices.</HEAD>
<P>Grizzlies and other stationary sizing devices shall be securely anchored.


</P>
</DIV8>


<DIV8 N="§ 56.9312" NODE="30:1.0.1.8.29.8.60.21" TYPE="SECTION">
<HEAD>§ 56.9312   Working around drawholes.</HEAD>
<P>Unless platforms or safety lines are used, persons shall not position themselves over drawholes if there is danger that broken rock or material may be withdrawn or bridged.


</P>
</DIV8>


<DIV8 N="§ 56.9313" NODE="30:1.0.1.8.29.8.60.22" TYPE="SECTION">
<HEAD>§ 56.9313   Roadway maintenance.</HEAD>
<P>Water, debris, or spilled material on roadways which creates hazards to the operation of mobile equipment shall be removed.


</P>
</DIV8>


<DIV8 N="§ 56.9314" NODE="30:1.0.1.8.29.8.60.23" TYPE="SECTION">
<HEAD>§ 56.9314   Trimming stockpile and muckpile faces.</HEAD>
<P>Stockpile and muckpile faces shall be trimmed to prevent hazards to persons.


</P>
</DIV8>


<DIV8 N="§ 56.9315" NODE="30:1.0.1.8.29.8.60.24" TYPE="SECTION">
<HEAD>§ 56.9315   Dust control.</HEAD>
<P>Dust shall be controlled at muck piles, material transfer points, crushers, and on haulage roads where hazards to persons would be created as a result of impaired visibility.


</P>
</DIV8>


<DIV8 N="§ 56.9316" NODE="30:1.0.1.8.29.8.60.25" TYPE="SECTION">
<HEAD>§ 56.9316   Notifying the equipment operator.</HEAD>
<P>When an operator of self-propelled mobile equipment is present, persons shall notify the equipment operator before getting on or off that equipment.


</P>
</DIV8>


<DIV8 N="§ 56.9317" NODE="30:1.0.1.8.29.8.60.26" TYPE="SECTION">
<HEAD>§ 56.9317   Suspended loads.</HEAD>
<P>Persons shall not work or pass under the buckets or booms of loaders in operation.


</P>
</DIV8>


<DIV8 N="§ 56.9318" NODE="30:1.0.1.8.29.8.60.27" TYPE="SECTION">
<HEAD>§ 56.9318   Getting on or off moving equipment.</HEAD>
<P>Persons shall not get on or off moving mobile equipment. This provision does not apply to trainmen, brakemen, and car droppers who are required to get on or off slowly moving trains in the performance of their work duties.


</P>
</DIV8>


<DIV8 N="§ 56.9319" NODE="30:1.0.1.8.29.8.60.28" TYPE="SECTION">
<HEAD>§ 56.9319   Going over, under, or between railcars.</HEAD>
<P>Persons shall not go over, under, or between railcars unless:
</P>
<P>(a) The train is stopped; and
</P>
<P>(b) The train operator, when present, is notified and the notice acknowledged.


</P>
</DIV8>


<DIV8 N="§ 56.9330" NODE="30:1.0.1.8.29.8.60.29" TYPE="SECTION">
<HEAD>§ 56.9330   Clearance for surface equipment.</HEAD>
<P>Continuous clearance of at least 30 inches from the farthest projection of moving railroad equipment shall be provided on at least one side of the tracks at all locations where possible or the area shall be marked conspicuously. 


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="I" NODE="30:1.0.1.8.29.9" TYPE="SUBPART">
<HEAD>Subpart I—Aerial Tramways</HEAD>


<DIV8 N="§ 56.10001" NODE="30:1.0.1.8.29.9.61.1" TYPE="SECTION">
<HEAD>§ 56.10001   Filling buckets.</HEAD>
<P>Buckets shall not be overloaded, and feed shall be regulated to prevent spillage.


</P>
</DIV8>


<DIV8 N="§ 56.10002" NODE="30:1.0.1.8.29.9.61.2" TYPE="SECTION">
<HEAD>§ 56.10002   Inspection and maintenance.</HEAD>
<P>Inspection and maintenance of carriers (including loading and unloading mechanisms), ropes and supports, and brakes shall be performed by competent persons according to the recommendations of the manufacturer.


</P>
</DIV8>


<DIV8 N="§ 56.10003" NODE="30:1.0.1.8.29.9.61.3" TYPE="SECTION">
<HEAD>§ 56.10003   Correction of defects.</HEAD>
<P>Any hazardous defects shall be corrected before the equipment is used.


</P>
</DIV8>


<DIV8 N="§ 56.10004" NODE="30:1.0.1.8.29.9.61.4" TYPE="SECTION">
<HEAD>§ 56.10004   Brakes.</HEAD>
<P>Positive-action-type brakes and devices which apply the brakes automatically in the event of a power failure shall be provided on aerial tramways. 


</P>
</DIV8>


<DIV8 N="§ 56.10005" NODE="30:1.0.1.8.29.9.61.5" TYPE="SECTION">
<HEAD>§ 56.10005   Track cable connections.</HEAD>
<P>Track cable connections shall not obstruct the passage of carriage wheels.


</P>
</DIV8>


<DIV8 N="§ 56.10006" NODE="30:1.0.1.8.29.9.61.6" TYPE="SECTION">
<HEAD>§ 56.10006   Tower guards.</HEAD>
<P>Towers shall be suitably protected from swaying buckets.


</P>
</DIV8>


<DIV8 N="§ 56.10007" NODE="30:1.0.1.8.29.9.61.7" TYPE="SECTION">
<HEAD>§ 56.10007   Falling object protection.</HEAD>
<P>Guard nets or other suitable protection shall be provided where tramways pass over roadways, walkways, or buildings.


</P>
</DIV8>


<DIV8 N="§ 56.10008" NODE="30:1.0.1.8.29.9.61.8" TYPE="SECTION">
<HEAD>§ 56.10008   Riding tramways.</HEAD>
<P>Persons other than maintenance persons shall not ride aerial tramways unless the following features are provided:
</P>
<P>(a) Two independent brakes, each capable of holding the maximum load;
</P>
<P>(b) Direct communication between terminals;
</P>
<P>(c) Power drives with emergency power available in case of primary power failure; and
</P>
<P>(d) Buckets equipped with positive locks to prevent accidental tripping or dumping. 


</P>
</DIV8>


<DIV8 N="§ 56.10009" NODE="30:1.0.1.8.29.9.61.9" TYPE="SECTION">
<HEAD>§ 56.10009   Riding loaded buckets.</HEAD>
<P>Persons shall not ride loaded buckets.


</P>
</DIV8>


<DIV8 N="§ 56.10010" NODE="30:1.0.1.8.29.9.61.10" TYPE="SECTION">
<HEAD>§ 56.10010   Starting precautions.</HEAD>
<P>Where possible, aerial tramways shall not be started until the operator has ascertained that everyone is in the clear.


</P>
</DIV8>

</DIV6>


<DIV6 N="J" NODE="30:1.0.1.8.29.10" TYPE="SUBPART">
<HEAD>Subpart J—Travelways</HEAD>


<DIV8 N="§ 56.11001" NODE="30:1.0.1.8.29.10.61.1" TYPE="SECTION">
<HEAD>§ 56.11001   Safe access.</HEAD>
<P>Safe means of access shall be provided and maintained to all working places.


</P>
</DIV8>


<DIV8 N="§ 56.11002" NODE="30:1.0.1.8.29.10.61.2" TYPE="SECTION">
<HEAD>§ 56.11002   Handrails and toeboards.</HEAD>
<P>Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construction provided with handrails, and maintained in good condition. Where necessary, toeboards shall be provided.


</P>
</DIV8>


<DIV8 N="§ 56.11003" NODE="30:1.0.1.8.29.10.61.3" TYPE="SECTION">
<HEAD>§ 56.11003   Construction and maintenance of ladders.</HEAD>
<P>Ladders shall be of substantial construction and maintained in good condition. 


</P>
</DIV8>


<DIV8 N="§ 56.11004" NODE="30:1.0.1.8.29.10.61.4" TYPE="SECTION">
<HEAD>§ 56.11004   Portable rigid ladders.</HEAD>
<P>Portable rigid ladders shall be provided with suitable bases and placed securely when used.


</P>
</DIV8>


<DIV8 N="§ 56.11005" NODE="30:1.0.1.8.29.10.61.5" TYPE="SECTION">
<HEAD>§ 56.11005   Fixed ladder anchorage and toe clearance.</HEAD>
<P>Fixed ladders shall be anchored securely and installed to provide at least 3 inches of toe clearance.


</P>
</DIV8>


<DIV8 N="§ 56.11006" NODE="30:1.0.1.8.29.10.61.6" TYPE="SECTION">
<HEAD>§ 56.11006   Fixed ladder landings.</HEAD>
<P>Fixed ladders shall project at least 3 feet above landings, or substantial handholds shall be provided above the landings.


</P>
</DIV8>


<DIV8 N="§ 56.11007" NODE="30:1.0.1.8.29.10.61.7" TYPE="SECTION">
<HEAD>§ 56.11007   Wooden components of ladders.</HEAD>
<P>Wooden components of ladders shall not be painted except with a transparent finish.


</P>
</DIV8>


<DIV8 N="§ 56.11008" NODE="30:1.0.1.8.29.10.61.8" TYPE="SECTION">
<HEAD>§ 56.11008   Restricted clearance.</HEAD>
<P>Where restricted clearance creates a hazard to persons, the restricted clearance shall be conspicuously marked.
</P>
<CITA TYPE="N">[53 FR 32521, Aug. 25, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 56.11009" NODE="30:1.0.1.8.29.10.61.9" TYPE="SECTION">
<HEAD>§ 56.11009   Walkways along conveyors.</HEAD>
<P>Walkways with outboard railings shall be provided wherever persons are required to walk alongside elevated conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats. 


</P>
</DIV8>


<DIV8 N="§ 56.11010" NODE="30:1.0.1.8.29.10.61.10" TYPE="SECTION">
<HEAD>§ 56.11010   Stairstep clearance.</HEAD>
<P>Vertical clearance above stair steps shall be a minimum of seven feet, or suitable warning signs or similar devices shall be provided to indicate an impaired clearance.


</P>
</DIV8>


<DIV8 N="§ 56.11011" NODE="30:1.0.1.8.29.10.61.11" TYPE="SECTION">
<HEAD>§ 56.11011   Use of ladders.</HEAD>
<P>Persons using ladders shall face the ladders and have both hands free for climbing and descending.


</P>
</DIV8>


<DIV8 N="§ 56.11012" NODE="30:1.0.1.8.29.10.61.12" TYPE="SECTION">
<HEAD>§ 56.11012   Protection for openings around travelways.</HEAD>
<P>Openings above, below, or near travelways through which persons or materials may fall shall be protected by railings, barriers, or covers. Where it is impractical to install such protective devices, adequate warning signals shall be installed.


</P>
</DIV8>


<DIV8 N="§ 56.11013" NODE="30:1.0.1.8.29.10.61.13" TYPE="SECTION">
<HEAD>§ 56.11013   Conveyor crossovers.</HEAD>
<P>Crossovers shall be provided where it is necessary to cross conveyors.


</P>
</DIV8>


<DIV8 N="§ 56.11014" NODE="30:1.0.1.8.29.10.61.14" TYPE="SECTION">
<HEAD>§ 56.11014   Crossing moving conveyors.</HEAD>
<P>Moving conveyors shall be crossed only at designated crossover points.


</P>
</DIV8>


<DIV8 N="§ 56.11016" NODE="30:1.0.1.8.29.10.61.15" TYPE="SECTION">
<HEAD>§ 56.11016   Snow and ice on walkways and travelways.</HEAD>
<P>Regularly used walkways and travelways shall be sanded, salted, or cleared of snow and ice as soon as practicable.


</P>
</DIV8>


<DIV8 N="§ 56.11017" NODE="30:1.0.1.8.29.10.61.16" TYPE="SECTION">
<HEAD>§ 56.11017   Inclined fixed ladders.</HEAD>
<P>Fixed ladders shall not incline backwards.


</P>
</DIV8>


<DIV8 N="§ 56.11025" NODE="30:1.0.1.8.29.10.61.17" TYPE="SECTION">
<HEAD>§ 56.11025   Railed landings, backguards, and other protection for fixed ladders.</HEAD>
<P>Fixed ladders, except on mobile equipment, shall be offset and have substantial railed landings at least every 30 feet unless backguards or equivalent protection, such as safety belts and safety lines, are provided.


</P>
</DIV8>


<DIV8 N="§ 56.11026" NODE="30:1.0.1.8.29.10.61.18" TYPE="SECTION">
<HEAD>§ 56.11026   Protection for inclined fixed ladders.</HEAD>
<P>Fixed ladders 70 degrees to 90 degrees from the horizontal and 30 feet or more in length shall have backguards, cages or equivalent protection, starting at a point not more than seven feet from the bottom of the ladders. 


</P>
</DIV8>


<DIV8 N="§ 56.11027" NODE="30:1.0.1.8.29.10.61.19" TYPE="SECTION">
<HEAD>§ 56.11027   Scaffolds and working platforms.</HEAD>
<P>Scaffolds and working platforms shall be of substantial construction and provided with handrails and maintained in good condition. Floor boards shall be laid properly and the scaffolds and working platforms shall not be overloaded. Working platforms shall be provided with toeboards when necessary.


</P>
</DIV8>

</DIV6>


<DIV6 N="K" NODE="30:1.0.1.8.29.11" TYPE="SUBPART">
<HEAD>Subpart K—Electricity</HEAD>


<DIV8 N="§ 56.12001" NODE="30:1.0.1.8.29.11.61.1" TYPE="SECTION">
<HEAD>§ 56.12001   Circuit overload protection.</HEAD>
<P>Circuits shall be protected against excessive overload by fuses or circuit breakers of the correct type and capacity.


</P>
</DIV8>


<DIV8 N="§ 56.12002" NODE="30:1.0.1.8.29.11.61.2" TYPE="SECTION">
<HEAD>§ 56.12002   Controls and switches.</HEAD>
<P>Electric equipment and circuits shall be provided with switches or other controls. Such switches or controls shall be of approved design and construction and shall be properly installed.


</P>
</DIV8>


<DIV8 N="§ 56.12003" NODE="30:1.0.1.8.29.11.61.3" TYPE="SECTION">
<HEAD>§ 56.12003   Trailing cable overload protection.</HEAD>
<P>Individual overload protection or short circuit protection shall be provided for the trailing cables of mobile equipment. 


</P>
</DIV8>


<DIV8 N="§ 56.12004" NODE="30:1.0.1.8.29.11.61.4" TYPE="SECTION">
<HEAD>§ 56.12004   Electrical conductors.</HEAD>
<P>Electrical conductors shall be of a sufficient size and current-carrying capacity to ensure that a rise in temperature resulting from normal operations will not damage the insulating materials. Electrical conductors exposed to mechanical damage shall be protected. 


</P>
</DIV8>


<DIV8 N="§ 56.12005" NODE="30:1.0.1.8.29.11.61.5" TYPE="SECTION">
<HEAD>§ 56.12005   Protection of power conductors from mobile equipment.</HEAD>
<P>Mobile equipment shall not run over power conductors, nor shall loads be dragged over power conductors, unless the conductors are properly bridged or protected.


</P>
</DIV8>


<DIV8 N="§ 56.12006" NODE="30:1.0.1.8.29.11.61.6" TYPE="SECTION">
<HEAD>§ 56.12006   Distribution boxes.</HEAD>
<P>Distribution boxes shall be provided with a disconnecting device for each branch circuit. Such disconnecting devices shall be equipped or designed in such a manner that it can be determined by visual observation when such a device is open and that the circuit is deenergized, the distribution box shall be labeled to show which circuit each device controls.


</P>
</DIV8>


<DIV8 N="§ 56.12007" NODE="30:1.0.1.8.29.11.61.7" TYPE="SECTION">
<HEAD>§ 56.12007   Junction box connection procedures.</HEAD>
<P>Trailing cable and power-cable connections to junction boxes shall not be made or broken under load.


</P>
</DIV8>


<DIV8 N="§ 56.12008" NODE="30:1.0.1.8.29.11.61.8" TYPE="SECTION">
<HEAD>§ 56.12008   Insulation and fittings for power wires and cables.</HEAD>
<P>Power wires and cables shall be insulated adequately where they pass into or out of electrical compartments. Cables shall enter metal frames of motors, splice boxes, and electrical compartments only through proper fittings. When insulated wires, other than cables, pass through metal frames, the holes shall be substantially bushed with insulated bushings.


</P>
</DIV8>


<DIV8 N="§ 56.12010" NODE="30:1.0.1.8.29.11.61.9" TYPE="SECTION">
<HEAD>§ 56.12010   Isolation or insulation of communication conductors.</HEAD>
<P>Telephone and low-potential signal wire shall be protected, by isolation or suitable insulation, or both, from contacting energized power conductors or any other power source.


</P>
</DIV8>


<DIV8 N="§ 56.12011" NODE="30:1.0.1.8.29.11.61.10" TYPE="SECTION">
<HEAD>§ 56.12011   High-potential electrical conductors.</HEAD>
<P>High-potential electrical conductors shall be covered, insulated, or placed to prevent contact with low potential conductors.


</P>
</DIV8>


<DIV8 N="§ 56.12012" NODE="30:1.0.1.8.29.11.61.11" TYPE="SECTION">
<HEAD>§ 56.12012   Bare signal wires.</HEAD>
<P>The potential on bare signal wires accessible to contact by persons shall not exceed 48 volts.


</P>
</DIV8>


<DIV8 N="§ 56.12013" NODE="30:1.0.1.8.29.11.61.12" TYPE="SECTION">
<HEAD>§ 56.12013   Splices and repairs of power cables.</HEAD>
<P>Permanent splices and repairs made in power cables, including the ground conductor where provided, shall be:
</P>
<P>(a) Mechanically strong with electrical conductivity as near as possible to that of the original;
</P>
<P>(b) Insulated to a degree at least equal to that of the original, and sealed to exclude moisture; and
</P>
<P>(c) Provided with damage protection as near as possible to that of the original, including good bonding to the outer jacket.


</P>
</DIV8>


<DIV8 N="§ 56.12014" NODE="30:1.0.1.8.29.11.61.13" TYPE="SECTION">
<HEAD>§ 56.12014   Handling energized power cables.</HEAD>
<P>Power cables energized to potentials in excess of 150 volts, phase-to-ground, shall not be moved with equipment unless sleds or slings, insulated from such equipment, are used. When such energized cables are moved manually, insulated hooks, tongs, ropes, or slings shall be used unless suitable protection for persons is provided by other means. This does not prohibit pulling or dragging of cable by the equipment it powers when the cable is physically attached to the equipment by suitable mechanical devices, and the cable is insulated from the equipment in conformance with other standards in this part. 


</P>
</DIV8>


<DIV8 N="§ 56.12016" NODE="30:1.0.1.8.29.11.61.14" TYPE="SECTION">
<HEAD>§ 56.12016   Work on electrically-powered equipment.</HEAD>
<P>Electrically powered equipment shall be deenergized before mechanical work is done on such equipment. Power switches shall be locked out or other measures taken which shall prevent the equipment from being energized without the knowledge of the individuals working on it. Suitable warning notices shall be posted at the power switch and signed by the individuals who are to do the work. Such locks or preventive devices shall be removed only by the persons who installed them or by authorized personnel. 


</P>
</DIV8>


<DIV8 N="§ 56.12017" NODE="30:1.0.1.8.29.11.61.15" TYPE="SECTION">
<HEAD>§ 56.12017   Work on power circuits.</HEAD>
<P>Power circuits shall be deenergized before work is done on such circuits unless hot-line tools are used. Suitable warning signs shall be posted by the individuals who are to do the work. Switches shall be locked out or other measures taken which shall prevent the power circuits from being energized without the knowledge of the individuals working on them. Such locks, signs, or preventative devices shall be removed only by the person who installed them or by authorized personnel.


</P>
</DIV8>


<DIV8 N="§ 56.12018" NODE="30:1.0.1.8.29.11.61.16" TYPE="SECTION">
<HEAD>§ 56.12018   Identification of power switches.</HEAD>
<P>Principal power switches shall be labeled to show which units they control, unless identification can be made readily by location. 


</P>
</DIV8>


<DIV8 N="§ 56.12019" NODE="30:1.0.1.8.29.11.61.17" TYPE="SECTION">
<HEAD>§ 56.12019   Access to stationary electrical equipment or switchgear.</HEAD>
<P>Where access is necessary, suitable clearance shall be provided at stationary electrical equipment or switchgear. 


</P>
</DIV8>


<DIV8 N="§ 56.12020" NODE="30:1.0.1.8.29.11.61.18" TYPE="SECTION">
<HEAD>§ 56.12020   Protection of persons at switchgear.</HEAD>
<P>Dry wooden platforms, insulating mats, or other electrically nonconductive material shall be kept in place at all switchboards and power-control switches where shock hazards exist. However, metal plates on which a person normally would stand and which are kept at the same potential as the grounded, metal, non-current-carrying parts of the power switches to be operated may be used.


</P>
</DIV8>


<DIV8 N="§ 56.12021" NODE="30:1.0.1.8.29.11.61.19" TYPE="SECTION">
<HEAD>§ 56.12021   Danger signs.</HEAD>
<P>Suitable danger signs shall be posted at all major electrical installations. 


</P>
</DIV8>


<DIV8 N="§ 56.12022" NODE="30:1.0.1.8.29.11.61.20" TYPE="SECTION">
<HEAD>§ 56.12022   Authorized persons at major electrical installations.</HEAD>
<P>Areas containing major electrical installations shall be entered only by authorized persons. 


</P>
</DIV8>


<DIV8 N="§ 56.12023" NODE="30:1.0.1.8.29.11.61.21" TYPE="SECTION">
<HEAD>§ 56.12023   Guarding electrical connections and resistor grids.</HEAD>
<P>Electrical connections and resistor grids that are difficult or impractical to insulate shall be guarded, unless protection is provided by location. 


</P>
</DIV8>


<DIV8 N="§ 56.12025" NODE="30:1.0.1.8.29.11.61.22" TYPE="SECTION">
<HEAD>§ 56.12025   Grounding circuit enclosures.</HEAD>
<P>All metal enclosing or encasing electrical circuits shall be grounded or provided with equivalent protection. This requirement does not apply to battery-operated equipment. 


</P>
</DIV8>


<DIV8 N="§ 56.12026" NODE="30:1.0.1.8.29.11.61.23" TYPE="SECTION">
<HEAD>§ 56.12026   Grounding transformer and switchgear enclosures.</HEAD>
<P>Metal fencing and metal buildings enclosing transformers and switchgear shall be grounded. 


</P>
</DIV8>


<DIV8 N="§ 56.12027" NODE="30:1.0.1.8.29.11.61.24" TYPE="SECTION">
<HEAD>§ 56.12027   Grounding mobile equipment.</HEAD>
<P>Frame grounding or equivalent protection shall be provided for mobile equipment powered through trailing cables.


</P>
</DIV8>


<DIV8 N="§ 56.12028" NODE="30:1.0.1.8.29.11.61.25" TYPE="SECTION">
<HEAD>§ 56.12028   Testing grounding systems.</HEAD>
<P>Continuity and resistance of grounding systems shall be tested immediately after installation, repair, and modification; and annually thereafter. A record of the resistance measured during the most recent tests shall be made available on a request by the Secretary or his duly authorized representative.


</P>
</DIV8>


<DIV8 N="§ 56.12030" NODE="30:1.0.1.8.29.11.61.26" TYPE="SECTION">
<HEAD>§ 56.12030   Correction of dangerous conditions.</HEAD>
<P>When a potentially dangerous condition is found it shall be corrected before equipment or wiring is energized. 


</P>
</DIV8>


<DIV8 N="§ 56.12032" NODE="30:1.0.1.8.29.11.61.27" TYPE="SECTION">
<HEAD>§ 56.12032   Inspection and cover plates.</HEAD>
<P>Inspection and cover plates on electrical equipment and junction boxes shall be kept in place at all times except during testing or repairs. 


</P>
</DIV8>


<DIV8 N="§ 56.12033" NODE="30:1.0.1.8.29.11.61.28" TYPE="SECTION">
<HEAD>§ 56.12033   Hand-held electric tools.</HEAD>
<P>Hand-held electric tools shall not be operated at high potential voltages.


</P>
</DIV8>


<DIV8 N="§ 56.12034" NODE="30:1.0.1.8.29.11.61.29" TYPE="SECTION">
<HEAD>§ 56.12034   Guarding around lights.</HEAD>
<P>Portable extension lights, and other lights that by their location present a shock or burn hazard, shall be guarded.


</P>
</DIV8>


<DIV8 N="§ 56.12035" NODE="30:1.0.1.8.29.11.61.30" TYPE="SECTION">
<HEAD>§ 56.12035   Weatherproof lamp sockets.</HEAD>
<P>Lamp sockets shall be of a weatherproof type where they are exposed to weather or wet conditions that may interfere with illumination or create a shock hazard. 


</P>
</DIV8>


<DIV8 N="§ 56.12036" NODE="30:1.0.1.8.29.11.61.31" TYPE="SECTION">
<HEAD>§ 56.12036   Fuse removal or replacement.</HEAD>
<P>Fuses shall not be removed or replaced by hand in an energized circuit, and they shall not otherwise be removed or replaced in an energized circuit unless equipment and techniques especially designed to prevent electrical shock are provided and used for such purpose.


</P>
</DIV8>


<DIV8 N="§ 56.12037" NODE="30:1.0.1.8.29.11.61.32" TYPE="SECTION">
<HEAD>§ 56.12037   Fuses in high-potential circuits.</HEAD>
<P>Fuse tongs or hot line tools shall be used when fuses are removed or replaced in high-potential circuits.


</P>
</DIV8>


<DIV8 N="§ 56.12038" NODE="30:1.0.1.8.29.11.61.33" TYPE="SECTION">
<HEAD>§ 56.12038   Attachment of trailing cables.</HEAD>
<P>Trailing cables shall be attached to machines in a suitable manner to protect the cable from damage and to prevent strain on the electrical connections. 


</P>
</DIV8>


<DIV8 N="§ 56.12039" NODE="30:1.0.1.8.29.11.61.34" TYPE="SECTION">
<HEAD>§ 56.12039   Protection of surplus trailing cables.</HEAD>
<P>Surplus trailing cables to shovels, cranes and similar equipment shall be—
</P>
<P>(a) Stored in cable boats;
</P>
<P>(b) Stored on reels mounted on the equipment; or
</P>
<P>(c) Otherwise protected from mechanical damage.


</P>
</DIV8>


<DIV8 N="§ 56.12040" NODE="30:1.0.1.8.29.11.61.35" TYPE="SECTION">
<HEAD>§ 56.12040   Installation of operating controls.</HEAD>
<P>Operating controls shall be installed so that they can be operated without danger of contact with energized conductors.


</P>
</DIV8>


<DIV8 N="§ 56.12041" NODE="30:1.0.1.8.29.11.61.36" TYPE="SECTION">
<HEAD>§ 56.12041   Design of switches and starting boxes.</HEAD>
<P>Switches and starting boxes shall be of safe design and capacity.


</P>
</DIV8>


<DIV8 N="§ 56.12042" NODE="30:1.0.1.8.29.11.61.37" TYPE="SECTION">
<HEAD>§ 56.12042   Track bonding.</HEAD>
<P>Both rails shall be bonded or welded at every joint and rails shall be crossbonded at least every 200 feet if the track serves as the return trolley circuit. When rails are moved, replaced, or broken bonds are discovered, they shall be rebonded within three working shifts. 


</P>
</DIV8>


<DIV8 N="§ 56.12045" NODE="30:1.0.1.8.29.11.61.38" TYPE="SECTION">
<HEAD>§ 56.12045   Overhead powerlines.</HEAD>
<P>Overhead high-potential powerlines shall be installed as specified by the National Electrical Code.


</P>
</DIV8>


<DIV8 N="§ 56.12047" NODE="30:1.0.1.8.29.11.61.39" TYPE="SECTION">
<HEAD>§ 56.12047   Guy wires.</HEAD>
<P>Guy wires of poles supporting high-voltage transmission lines shall meet the requirements for grounding or insulator protection of the National Electrical Safety Code, part 2, entitled “Safety Rules for the Installation and Maintenance of Electric Supply and Communication Lines” (also referred to as National Bureau of Standards Handbook 81, November 1, 1961) and Supplement 2 thereof issued March 1968, which are hereby incorporated by reference and made a part hereof. These publications and documents may be obtained from the National Institute of Science and Technology, 100 Bureau Drive, Stop 3460, Gaithersburg, MD 20899-3460. Telephone: 301-975-6478 (not a toll free number); <I>http://ts.nist.gov/nvl;</I> or from the Government Printing Office, Information Dissemination (Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; Telephone: 866-512-1800 (toll free) or 202-512-1800, <I>http://bookstore.gpo.gov</I>, or may be examined in any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 56.12048" NODE="30:1.0.1.8.29.11.61.40" TYPE="SECTION">
<HEAD>§ 56.12048   Communication conductors on power poles.</HEAD>
<P>Telegraph, telephone, or signal wires shall not be installed on the same crossarm with power conductors. When carried on poles supporting powerlines, they shall be installed as specified by the National Electrical Code.


</P>
</DIV8>


<DIV8 N="§ 56.12050" NODE="30:1.0.1.8.29.11.61.41" TYPE="SECTION">
<HEAD>§ 56.12050   Installation of trolley wires.</HEAD>
<P>Trolley wires shall be installed at least seven feet above rails where height permits, and aligned and supported to suitably control sway and sag.


</P>
</DIV8>


<DIV8 N="§ 56.12053" NODE="30:1.0.1.8.29.11.61.42" TYPE="SECTION">
<HEAD>§ 56.12053   Circuits powered from trolley wires.</HEAD>
<P>Ground wires for lighting circuits powered from trolley wires shall be connected securely to the ground-return circuit.


</P>
</DIV8>


<DIV8 N="§ 56.12065" NODE="30:1.0.1.8.29.11.61.43" TYPE="SECTION">
<HEAD>§ 56.12065   Short circuit and lightning protection.</HEAD>
<P>Powerlines, including trolley wires, and telephone circuits shall be protected against short circuits and lightning.


</P>
</DIV8>


<DIV8 N="§ 56.12066" NODE="30:1.0.1.8.29.11.61.44" TYPE="SECTION">
<HEAD>§ 56.12066   Guarding trolley wires and bare powerlines.</HEAD>
<P>Where metallic tools or equipment can come in contact with trolley wires or bare powerlines, the lines shall be guarded or deenergized.


</P>
</DIV8>


<DIV8 N="§ 56.12067" NODE="30:1.0.1.8.29.11.61.45" TYPE="SECTION">
<HEAD>§ 56.12067   Installation of transformers.</HEAD>
<P>Transformers shall be totally enclosed, or shall be placed at least 8 feet above the ground, or installed in a transformer house, or surrounded by a substantial fence at least 6 feet high and at least 3 feet from any energized parts, casings, or wiring.


</P>
</DIV8>


<DIV8 N="§ 56.12068" NODE="30:1.0.1.8.29.11.61.46" TYPE="SECTION">
<HEAD>§ 56.12068   Locking transformer enclosures.</HEAD>
<P>Transformer enclosures shall be kept locked against unauthorized entry.


</P>
</DIV8>


<DIV8 N="§ 56.12069" NODE="30:1.0.1.8.29.11.61.47" TYPE="SECTION">
<HEAD>§ 56.12069   Lightning protection for telephone wires and ungrounded conductors.</HEAD>
<P>Each ungrounded power conductor or telephone wire that leads underground and is directly exposed to lightning shall be equipped with suitable lightning arrestors of approved type within 100 feet of the point where the circuit enters the mine. Lightning arrestors shall be connected to a low resistance grounding medium on the surface and shall be separated from neutral grounds by a distance of not less than 25 feet. 


</P>
</DIV8>


<DIV8 N="§ 56.12071" NODE="30:1.0.1.8.29.11.61.48" TYPE="SECTION">
<HEAD>§ 56.12071   Movement or operation of equipment near high-voltage power lines.</HEAD>
<P>When equipment must be moved or operated near energized high-voltage powerlines (other than trolley lines) and the clearance is less than 10 feet, the lines shall be deenergized or other precautionary measures shall be taken. 


</P>
</DIV8>

</DIV6>


<DIV6 N="L" NODE="30:1.0.1.8.29.12" TYPE="SUBPART">
<HEAD>Subpart L—Compressed Air and Boilers</HEAD>


<DIV8 N="§ 56.13001" NODE="30:1.0.1.8.29.12.61.1" TYPE="SECTION">
<HEAD>§ 56.13001   General requirements for boilers and pressure vessels.</HEAD>
<P>All boilers and pressure vessels shall be constructed, installed, and maintained in accordance with the standards and specifications of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.


</P>
</DIV8>


<DIV8 N="§ 56.13010" NODE="30:1.0.1.8.29.12.61.2" TYPE="SECTION">
<HEAD>§ 56.13010   Reciprocating-type air compressors.</HEAD>
<P>(a) Reciprocating-type air compressors rated over 10 horsepower shall be equipped with automatic temperature-actuated shutoff mechanisms which shall be set or adjusted to the compressor when the normal operating temperature is exceeded by more than 25 percent.
</P>
<P>(b) However, this standard does not apply to reciprocating-type air compressors rated over 10 horsepower if equipped with fusible plugs that were installed in the compressor discharge lines before November 15, 1979, and designed to melt at temperatures at least 50 degrees below the flash point of the compressors' lubricating oil.


</P>
</DIV8>


<DIV8 N="§ 56.13011" NODE="30:1.0.1.8.29.12.61.3" TYPE="SECTION">
<HEAD>§ 56.13011   Air receiver tanks.</HEAD>
<P>Air receiver tanks shall be equipped with one or more automatic pressure-relief valves. The total relieving capacity of the relief valves shall prevent pressure from exceeding the maximum allowable working pressure in a receiver tank by not more than 10 percent. Air receiver tanks also shall be equipped with indicating pressure gauges which accurately measure the pressure within the air receiver tanks. 


</P>
</DIV8>


<DIV8 N="§ 56.13012" NODE="30:1.0.1.8.29.12.61.4" TYPE="SECTION">
<HEAD>§ 56.13012   Compressor air intakes.</HEAD>
<P>Compressor air intakes shall be installed to ensure that only clean, uncontaminated air enters the compressors.


</P>
</DIV8>


<DIV8 N="§ 56.13015" NODE="30:1.0.1.8.29.12.61.5" TYPE="SECTION">
<HEAD>§ 56.13015   Inspection of compressed-air receivers and other unfired pressure vessels.</HEAD>
<P>(a) Compressed-air receivers and other unfired pressure vessels shall be inspected by inspectors holding a valid National Board Commission and in accordance with the applicable chapters of the National Board Inspection Code, a Manual for Boiler and Pressure Vessel Inspectors, 1979. This code is incorporated by reference and made a part of this standard. It may be examined at any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration, and may be obtained from the publisher, the National Board of Boiler and Pressure Vessel Inspector, 1055 Crupper Avenue, Columbus, Ohio 43229.
</P>
<P>(b) Records of inspections shall be kept in accordance with requirements of the National Board Inspection Code, and the records shall be made available to the Secretary or his authorized representative.


</P>
</DIV8>


<DIV8 N="§ 56.13017" NODE="30:1.0.1.8.29.12.61.6" TYPE="SECTION">
<HEAD>§ 56.13017   Compressor discharge pipes.</HEAD>
<P>Compressor discharge pipes where carbon build-up may occur shall be cleaned periodically as recommended by the manufacturer, but no less frequently than once every two years.


</P>
</DIV8>


<DIV8 N="§ 56.13019" NODE="30:1.0.1.8.29.12.61.7" TYPE="SECTION">
<HEAD>§ 56.13019   Pressure system repairs.</HEAD>
<P>Repairs involving the pressure system of compressors, receivers, or compressed-air-powered equipment shall not be attempted until the pressure has been bled off.


</P>
</DIV8>


<DIV8 N="§ 56.13020" NODE="30:1.0.1.8.29.12.61.8" TYPE="SECTION">
<HEAD>§ 56.13020   Use of compressed air.</HEAD>
<P>At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury.


</P>
</DIV8>


<DIV8 N="§ 56.13021" NODE="30:1.0.1.8.29.12.61.9" TYPE="SECTION">
<HEAD>§ 56.13021   High-pressure hose connections.</HEAD>
<P>Except where automatic shutoff valves are used, safety chains or other suitable locking devices shall be used at connections to machines of high-pressure hose lines of 
<FR>3/4</FR>-inch inside diameter or larger, and between high-pressure hose lines of 
<FR>3/4</FR>-inch inside diameter or larger, where a connection failure would create a hazard. 


</P>
</DIV8>


<DIV8 N="§ 56.13030" NODE="30:1.0.1.8.29.12.61.10" TYPE="SECTION">
<HEAD>§ 56.13030   Boilers.</HEAD>
<P>(a) Fired pressure vessels (boilers) shall be equipped with water level gauges, pressure gauges, automatic pressure-relief valves, blowdown piping, and other safety devices approved by the American Society of Mechanical Engineers to protect against hazards from overpressure, flameouts, fuel interruptions and low water level, all as required by the appropriate sections, chapters and appendices listed in paragraphs (b) (1) and (2) of this section.
</P>
<P>(b) These gauges, devices and piping shall be designed, installed, operated, maintained, repaired, altered, inspected, and tested by inspectors holding a valid National Board Commission and in accordance with the following listed sections, chapters and appendices:
</P>
<P>(1) The ASME Boiler and Pressure Vessel Code, 1977, Published by the American Society of Mechanical Engineers.
</P>
<EXTRACT>
<HD1>Section and Title
</HD1>
<FP-1>I Power Boilers.
</FP-1>
<FP-1>II Material Specifications—Part A—Ferrous.
</FP-1>
<FP-1>II Material Specifications—Part B—Non-ferrous.
</FP-1>
<FP-1>II Material Specifications—Part C—Welding Rods, Electrodes, and Filler Metals.
</FP-1>
<FP-1>IV Heating Boilers
</FP-1>
<FP-1>V Nondestructive Examination
</FP-1>
<FP-1>VI Recommended Rules for Care and Operation of Heating Boilers
</FP-1>
<FP-1>VII Recommended Rules for Care of Power Boilers</FP-1></EXTRACT>
<P>(2) The National Board Inspection Code, a Manual for Boiler and Pressure Vessel Inspectors, 1979, published by the National Board of Boiler and Pressure Vessel Inspectors.
</P>
<EXTRACT>
<HD1>Chapter and Title
</HD1>
<FP-1>I Glossary of Terms 
</FP-1>
<FP-1>II Inspection of Boilers and Pressure Vessels
</FP-1>
<FP-1>III Repairs and Alterations to Boiler and Pressure Vessels by Welding
</FP-1>
<FP-1>IV Shop Inspection of Boilers and Pressure Vessels
</FP-1>
<FP-1>V Inservice Inspection of Pressure Vessels by Authorized Owner-User Inspection Agencies
</FP-1>
<HD1>Appendix and Title
</HD1>
<FP-1>A Safety and Safety Relief Valves 
</FP-1>
<FP-1>B Non-ASME Code Boilers and Pressure Vessels
</FP-1>
<FP-1>C Storage of Mild Steel Covered Arc Welding Electrodes
</FP-1>
<FP-1>D-R National Board “R” (Repair) Symbol Stamp
</FP-1>
<FP-1>D-VR National Board “VR” (Repair of Safety and Safety Relief Valve) Symbol Stamp
</FP-1>
<FP-1>D-VR1 Certificate of Authorization for Repair Symbol Stamp for Safety and Safety Relief Valves
</FP-1>
<FP-1>D-VR2 Outline of Basic Elements of Written Quality Control System for Repairers of ASME Safety and Safety Relief Valves
</FP-1>
<FP-1>D-VR3 Nameplate Stamping for “VR” 
</FP-1>
<FP-1>E Owner-user Inspection Agencies
</FP-1>
<FP-1>F Inspection Forms</FP-1></EXTRACT>
<P>(c) Records of inspections and repairs shall be kept in accordance with the requirements of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code. The records shall be made available to the Secretary or his authorized representative.
</P>
<P>(d) Sections of the ASME Boiler and Pressure Vessel Code, 1977, listed in paragraph (b)(1) of this section, and chapters and appendices of the National Board Inspection Code, 1979, listed in paragraph (b)(2) of this section, are incorporated by reference and made a part of this standard. These publications may be obtained from the publishers, the American Society of Mechanical Engineers, 22 Law Drive, P.O. Box 2900, Fairfield, New Jersey 07007, Phone: 800-843-2763 (toll free); <I>http://www.asme.org</I>, and the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229. The publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="M" NODE="30:1.0.1.8.29.13" TYPE="SUBPART">
<HEAD>Subpart M—Machinery and Equipment</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 32521, Aug. 25, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 56.14000" NODE="30:1.0.1.8.29.13.61.1" TYPE="SECTION">
<HEAD>§ 56.14000   Definitions.</HEAD>
<P>The following definitions apply in this subpart.
</P>
<P><I>Travelway.</I> A passage, walk, or way regularly used or designated for persons to go from one place to another.
</P>
<CITA TYPE="N">[53 FR 32521, Aug. 25, 1988, as amended at 69 FR 38840, June 29, 2004]


</CITA>
</DIV8>


<DIV7 N="61" NODE="30:1.0.1.8.29.13.61" TYPE="SUBJGRP">
<HEAD>Safety Devices and Maintenance Requirements</HEAD>


<DIV8 N="§ 56.14100" NODE="30:1.0.1.8.29.13.61.2" TYPE="SECTION">
<HEAD>§ 56.14100   Safety defects; examination, correction and records.</HEAD>
<P>(a) Self-propelled mobile equipment to be used during a shift shall be inspected by the equipment operator before being placed in operation on that shift.
</P>
<P>(b) Defects on any equipment, machinery, and tools that affect safety shall be corrected in a timely manner to prevent the creation of a hazard to persons.
</P>
<P>(c) When defects make continued operation hazardous to persons, the defective items including self-propelled mobile equipment shall be taken out of service and placed in a designated area posted for that purpose, or a tag or other effective method of marking the defective items shall be used to prohibit further use until the defects are corrected.
</P>
<P>(d) Defects on self-propelled mobile equipment affecting safety, which are not corrected immediately, shall be reported to and recorded by the mine operator. The records shall be kept at the mine or nearest mine office from the date the defects are recorded, until the defects are corrected. Such records shall be made available for inspection by an authorized representative of the Secretary.


</P>
</DIV8>


<DIV8 N="§ 56.14101" NODE="30:1.0.1.8.29.13.61.3" TYPE="SECTION">
<HEAD>§ 56.14101   Brakes.</HEAD>
<P>(a) <I>Minimum requirements.</I> (1) Self-propelled mobile equipment shall be equipped with a service brake system capable of stopping and holding the equipment with its typical load on the maximum grade it travels. This standard does not apply to equipment which is not originally equipped with brakes unless the manner in which the equipment is being operated requires the use of brakes for safe operation. This standard does not apply to rail equipment.
</P>
<P>(2) If equipped on self-propelled mobile equipment, parking brakes shall be capable of holding the equipment with its typical load on the maximum grade it travels.
</P>
<P>(3) All braking systems installed on the equipment shall be maintained in functional condition.
</P>
<P>(b) <I>Testing.</I> (1) Service brake tests shall be conducted when an MSHA inspector has reasonable cause to believe that the service brake system does not function as required, unless the mine operator removes the equipment from service for the appropriate repair;
</P>
<P>(2) The performance of the service brakes shall be evaluated according to Table M-1.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table M-1
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Gross vehicle weight lbs.
</TH><TH class="gpotbl_colhed" colspan="11" scope="col">Equipment speed, MPH
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">10 
</TH><TH class="gpotbl_colhed" scope="col">11 
</TH><TH class="gpotbl_colhed" scope="col">12 
</TH><TH class="gpotbl_colhed" scope="col">13 
</TH><TH class="gpotbl_colhed" scope="col">14 
</TH><TH class="gpotbl_colhed" scope="col">15 
</TH><TH class="gpotbl_colhed" scope="col">16 
</TH><TH class="gpotbl_colhed" scope="col">17 
</TH><TH class="gpotbl_colhed" scope="col">18 
</TH><TH class="gpotbl_colhed" scope="col">19 
</TH><TH class="gpotbl_colhed" scope="col">20
</TH></TR><TR><TD align="center" class="gpotbl_cell" colspan="12" scope="row">Service Brake Maximum Stopping Distance—Feet
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0-36000</TD><TD align="right" class="gpotbl_cell">34</TD><TD align="right" class="gpotbl_cell">38</TD><TD align="right" class="gpotbl_cell">43</TD><TD align="right" class="gpotbl_cell">48</TD><TD align="right" class="gpotbl_cell">53</TD><TD align="right" class="gpotbl_cell">59</TD><TD align="right" class="gpotbl_cell">64</TD><TD align="right" class="gpotbl_cell">70</TD><TD align="right" class="gpotbl_cell">76</TD><TD align="right" class="gpotbl_cell">83</TD><TD align="right" class="gpotbl_cell">89
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36000-70000</TD><TD align="right" class="gpotbl_cell">41</TD><TD align="right" class="gpotbl_cell">46</TD><TD align="right" class="gpotbl_cell">52</TD><TD align="right" class="gpotbl_cell">58</TD><TD align="right" class="gpotbl_cell">62</TD><TD align="right" class="gpotbl_cell">70</TD><TD align="right" class="gpotbl_cell">76</TD><TD align="right" class="gpotbl_cell">83</TD><TD align="right" class="gpotbl_cell">90</TD><TD align="right" class="gpotbl_cell">97</TD><TD align="right" class="gpotbl_cell">104
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70000-140000</TD><TD align="right" class="gpotbl_cell">48</TD><TD align="right" class="gpotbl_cell">54</TD><TD align="right" class="gpotbl_cell">61</TD><TD align="right" class="gpotbl_cell">67</TD><TD align="right" class="gpotbl_cell">74</TD><TD align="right" class="gpotbl_cell">81</TD><TD align="right" class="gpotbl_cell">88</TD><TD align="right" class="gpotbl_cell">95</TD><TD align="right" class="gpotbl_cell">103</TD><TD align="right" class="gpotbl_cell">111</TD><TD align="right" class="gpotbl_cell">119
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">140000-250000</TD><TD align="right" class="gpotbl_cell">56</TD><TD align="right" class="gpotbl_cell">62</TD><TD align="right" class="gpotbl_cell">69</TD><TD align="right" class="gpotbl_cell">77</TD><TD align="right" class="gpotbl_cell">84</TD><TD align="right" class="gpotbl_cell">92</TD><TD align="right" class="gpotbl_cell">100</TD><TD align="right" class="gpotbl_cell">108</TD><TD align="right" class="gpotbl_cell">116</TD><TD align="right" class="gpotbl_cell">125</TD><TD align="right" class="gpotbl_cell">133
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250000-400000</TD><TD align="right" class="gpotbl_cell">59</TD><TD align="right" class="gpotbl_cell">66</TD><TD align="right" class="gpotbl_cell">74</TD><TD align="right" class="gpotbl_cell">81</TD><TD align="right" class="gpotbl_cell">89</TD><TD align="right" class="gpotbl_cell">97</TD><TD align="right" class="gpotbl_cell">105</TD><TD align="right" class="gpotbl_cell">114</TD><TD align="right" class="gpotbl_cell">123</TD><TD align="right" class="gpotbl_cell">132</TD><TD align="right" class="gpotbl_cell">141
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 400000</TD><TD align="right" class="gpotbl_cell">63</TD><TD align="right" class="gpotbl_cell">71</TD><TD align="right" class="gpotbl_cell">78</TD><TD align="right" class="gpotbl_cell">86</TD><TD align="right" class="gpotbl_cell">94</TD><TD align="right" class="gpotbl_cell">103</TD><TD align="right" class="gpotbl_cell">111</TD><TD align="right" class="gpotbl_cell">120</TD><TD align="right" class="gpotbl_cell">129</TD><TD align="right" class="gpotbl_cell">139</TD><TD align="right" class="gpotbl_cell">148
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">Stopping distances are computed using a constant decleration of 9.66 FPS
<sup>2</sup> and system response times of .5.1, 1.5, 2, 2.25 and 2.5 seconds for each increasing weight category respectively. Stopping distance values include a one-second operator response time.</P></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table M-2—The Speed of a Vehicle Can be Determined by Clocking it Through a 100-Foot Measured Course at Constant Velocity Using Table M-2. When the Service Brakes are Applied at the End of the Course, Stopping Distance Can be Measured and Compared to Table M-1. 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Miles per hour 
</TH><TH class="gpotbl_colhed" scope="col">10 
</TH><TH class="gpotbl_colhed" scope="col">11 
</TH><TH class="gpotbl_colhed" scope="col">12 
</TH><TH class="gpotbl_colhed" scope="col">13 
</TH><TH class="gpotbl_colhed" scope="col">14 
</TH><TH class="gpotbl_colhed" scope="col">15 
</TH><TH class="gpotbl_colhed" scope="col">16 
</TH><TH class="gpotbl_colhed" scope="col">17 
</TH><TH class="gpotbl_colhed" scope="col">18 
</TH><TH class="gpotbl_colhed" scope="col">19 
</TH><TH class="gpotbl_colhed" scope="col">20 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Seconds Required to Travel 100 Feet</TD><TD align="right" class="gpotbl_cell">6.8</TD><TD align="right" class="gpotbl_cell">6.2</TD><TD align="right" class="gpotbl_cell">5.7</TD><TD align="right" class="gpotbl_cell">5.2</TD><TD align="right" class="gpotbl_cell">4.9</TD><TD align="right" class="gpotbl_cell">4.5</TD><TD align="right" class="gpotbl_cell">4.3</TD><TD align="right" class="gpotbl_cell">4.0</TD><TD align="right" class="gpotbl_cell">3.8</TD><TD align="right" class="gpotbl_cell">3.6</TD><TD align="right" class="gpotbl_cell">3.4</TD></TR></TABLE></DIV></DIV>
<P>(3) Service brake tests shall be conducted under the direction of the mine operator in cooperation with an according to the instructions provided by the MSHA inspector as follows: 
</P>
<P>(i) Equipment capable of traveling at least 10 miles per hour shall be tested with a typical load for that particular piece of equipment. Front-end loaders shall be tested with the loader bucket empty. Equipment shall not be tested when carrying hazardous loads, such as explosives. 
</P>
<P>(ii) The approach shall be sufficient length to allow the equipment operator to reach and maintain a constant speed between 10 and 20 miles per hour prior to entering the 100 foot measured area. The constant speed shall be maintained up to the point when the equipment operator receives the signal to apply the brakes. The roadway shall be wide enough to accommodate the size of the equipment being tested. The ground shall be generally level, packed, and dry in the braking portion of the test course. Ground moisture may be present to the extent that it does not adversely affect the braking surface. 
</P>
<P>(iii) Braking is to be performed using only those braking systems, including auxiliary retarders, which are designed to bring the equipment to a stop under normal operating conditions. Parking or emergency (secondary) brakes are not to be actuated during the test. 
</P>
<P>(iv) The tests shall be conducted with the transmission in the gear appropriate for the speed the equipment is traveling except for equipment which is designed for the power train to be disengaged during braking. 
</P>
<P>(v) Testing speeds shall be a minimum of 10 miles per hour and a maximum of 20 miles per hour. 
</P>
<P>(vi) Stopping distances shall be measured from the point at which the equipment operator receives the signal to apply the service brakes to the final stopped position. 
</P>
<P>(4) Test results shall be evaluated as follows: 
</P>
<P>(i) If the initial test run is valid and the stopping distance does not exceed the corresponding stopping distance listed in Table 1, the performance of the service brakes shall be considered acceptable. For tests to be considered valid, the equipment shall not slide sideways or exhibit other lateral motion during the braking portion of the test. 
</P>
<P>(ii) If the equipment exceeds the maximum stopping distance in the initial test run, the mine operator may request from the inspector up to four additional test runs with two runs to be conducted in each direction. The performance of the service brakes shall be considered acceptable if the equipment does not exceed the maximum stopping distance on at least three of the additional tests. 
</P>
<P>(5) Where there is not an appropriate test site at the mine or the equipment is not capable or traveling at least 10 miles per hour, service brake tests will not be conducted. In such cases, the inspector will rely upon other available evidence to determine whether the service brake system meets the performance requirement of this standard. 
</P>
<CITA TYPE="N">[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 56.14102" NODE="30:1.0.1.8.29.13.61.4" TYPE="SECTION">
<HEAD>§ 56.14102   Brakes for rail equipment.</HEAD>
<P>Braking systems on railroad cars and locomotives shall be maintained in functional condition. 


</P>
</DIV8>


<DIV8 N="§ 56.14103" NODE="30:1.0.1.8.29.13.61.5" TYPE="SECTION">
<HEAD>§ 56.14103   Operators stations.</HEAD>
<P>(a) If windows are provided on operators' stations of self-propelled mobile equipment, the windows shall be made of safety glass or material with equivalent safety characteristics. The windows shall be maintained to provide visibility for safe operation. 
</P>
<P>(b) If damaged windows obscure visibility necessary for safe operation, or create a hazard to the equipment operator, the windows shall be replaced or removed. Damaged windows shall be replaced if absence of a window would expose the equipment operator to hazardous environmental conditions which would affect the ability of the equipment operator to safely operate the equipment. 
</P>
<P>(c) The operator's stations of self-propelled mobile equipment shall— 
</P>
<P>(1) Be free of materials that could create a hazard to persons by impairing the safe operation of the equipment; and 
</P>
<P>(2) Not be modified, in a manner that obscures visibility necessary for safe operation. 


</P>
</DIV8>


<DIV8 N="§ 56.14104" NODE="30:1.0.1.8.29.13.61.6" TYPE="SECTION">
<HEAD>§ 56.14104   Tire repairs.</HEAD>
<P>(a) Before a tire is removed from a vehicle for tire repair, the valve core shall be partially removed to allow for gradual deflation and then removed. During deflation, to the extent possible, persons shall stand outside of the potential trajectory of the lock ring of a multi-piece wheel rim. 
</P>
<P>(b) To prevent injury from wheel rims during tire inflation, one of the following shall be used: 
</P>
<P>(1) A wheel cage or other restraining device that will constrain all wheel rim components during an explosive separation of a multi-piece wheel rim, or during the sudden release of contained air in a single piece rim wheel; or 
</P>
<P>(2) A stand-off inflation device which permits persons to stand outside of the potential trajectory of wheel components. 


</P>
</DIV8>


<DIV8 N="§ 56.14105" NODE="30:1.0.1.8.29.13.61.7" TYPE="SECTION">
<HEAD>§ 56.14105   Procedures during repairs or maintenance.</HEAD>
<P>Repairs or maintenance of machinery or equipment shall be performed only after the power is off, and the machinery or equipment blocked against hazardous motion. Machinery or equipment motion or activation is permitted to the extent that adjustments or testing cannot be performed without motion or activation, provided that persons are effectively protected from hazardous motion. 


</P>
</DIV8>


<DIV8 N="§ 56.14106" NODE="30:1.0.1.8.29.13.61.8" TYPE="SECTION">
<HEAD>§ 56.14106   Falling object protection.</HEAD>
<P>(a) Fork-lift trucks, front-end loaders, and bulldozers shall be provided with falling object protective structures if used in an area where falling objects could create a hazard to the equipment operator. 
</P>
<P>(b) The protective structure shall be capable of withstanding the falling object loads to which it would be subjected. 


</P>
</DIV8>


<DIV8 N="§ 56.14107" NODE="30:1.0.1.8.29.13.61.9" TYPE="SECTION">
<HEAD>§ 56.14107   Moving machine parts.</HEAD>
<P>(a) Moving machine parts shall be guarded to protect persons from contacting gears, sprockets, chains, drive, head, tail, and takeup pulleys, flywheels, couplings, shafts, fan blades, and similar moving parts that can cause injury. 
</P>
<P>(b) Guards shall not be required where the exposed moving parts are at least seven feet away from walking or working surfaces. 


</P>
</DIV8>


<DIV8 N="§ 56.14108" NODE="30:1.0.1.8.29.13.61.10" TYPE="SECTION">
<HEAD>§ 56.14108   Overhead drive belts.</HEAD>
<P>Overhead drive belts shall be guarded to contain the whipping action of a broken belt if that action could be hazardous to persons. 


</P>
</DIV8>


<DIV8 N="§ 56.14109" NODE="30:1.0.1.8.29.13.61.11" TYPE="SECTION">
<HEAD>§ 56.14109   Unguarded conveyors with adjacent travelways.</HEAD>
<P>Unguarded conveyors next to the travelways shall be equipped with— 
</P>
<P>(a) Emergency stop devices which are located so that a person falling on or against the conveyor can readily deactivate the conveyor drive motor; or 
</P>
<P>(b) Railings which— 
</P>
<P>(1) Are positioned to prevent persons from falling on or against the conveyor; 
</P>
<P>(2) Will be able to withstand the vibration, shock, and wear to which they will be subjected during normal operation; and 
</P>
<P>(3) Are constructed and maintained so that they will not create a hazard. 


</P>
</DIV8>


<DIV8 N="§ 56.14110" NODE="30:1.0.1.8.29.13.61.12" TYPE="SECTION">
<HEAD>§ 56.14110   Flying or falling materials.</HEAD>
<P>In areas where flying or falling materials generated from the operation of screens, crushers, or conveyors present a hazard, guards, shields, or other devices that provide protection against such flying or falling materials shall be provided to protect persons. 


</P>
</DIV8>


<DIV8 N="§ 56.14111" NODE="30:1.0.1.8.29.13.61.13" TYPE="SECTION">
<HEAD>§ 56.14111   Slusher, backlash guards and securing.</HEAD>
<P>(a) When persons are exposed to slushing operations, the slushers shall be equipped with rollers and drum covers and anchored securely before slushing operations are started. 
</P>
<P>(b) Slushers rated over 10 horsepower shall be equipped with backlash guards, unless the equipment operator is otherwise protected. 
</P>
<P>(c) This standard does not apply to air tuggers of 10 horsepower or less that have only one cable and one drum. 


</P>
</DIV8>


<DIV8 N="§ 56.14112" NODE="30:1.0.1.8.29.13.61.14" TYPE="SECTION">
<HEAD>§ 56.14112   Construction and maintenance of guards.</HEAD>
<P>(a) Guards shall be constructed and maintained to— 
</P>
<P>(1) Withstand the vibration, shock, and wear to which they will be subjected during normal operation; and 
</P>
<P>(2) Not create a hazard by their use. 
</P>
<P>(b) Guards shall be securely in place while machinery is being operated, except when testing or making adjustments which cannot be performed without removal of the guard. 


</P>
</DIV8>


<DIV8 N="§ 56.14113" NODE="30:1.0.1.8.29.13.61.15" TYPE="SECTION">
<HEAD>§ 56.14113   Inclined conveyors: backstops or brakes.</HEAD>
<P>Backstops or brakes shall be installed on drive units of inclined conveyors to prevent the conveyors from running in reverse, creating a hazard to persons. 


</P>
</DIV8>


<DIV8 N="§ 56.14114" NODE="30:1.0.1.8.29.13.61.16" TYPE="SECTION">
<HEAD>§ 56.14114   Air valves for pneumatic equipment.</HEAD>
<P>A manual master quick-close type air valve shall be installed on all pneumatic-powered equipment if there is a hazard of uncontrolled movement when the air supply is activated. The valve shall be closed except when the equipment is being operated. 


</P>
</DIV8>


<DIV8 N="§ 56.14115" NODE="30:1.0.1.8.29.13.61.17" TYPE="SECTION">
<HEAD>§ 56.14115   Stationary grinding machines.</HEAD>
<P>Stationary grinding machines, other than special bit grinders, shall be equipped with— 
</P>
<P>(a) Peripheral hoods capable of withstanding the force of a bursting wheel and enclosing not less than 270° of the periphery of the wheel; 
</P>
<P>(b) Adjustable tool rests set so that the distance between the grinding surface of the wheel and the tool rest in not greater than 
<FR>1/8</FR> inch; and 
</P>
<P>(c) A safety washer on each side of the wheel. 
</P>
<CITA TYPE="N">[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 56.14116" NODE="30:1.0.1.8.29.13.61.18" TYPE="SECTION">
<HEAD>§ 56.14116   Hand-held power tools.</HEAD>
<P>(a) Power drills, disc sanders, grinders and circular and chain saws, when used in the hand-held mode shall be operated with controls which require constant hand or finger pressure. 
</P>
<P>(b) Circular saws and chain saws shall not be equipped with devices which lock-on the operating controls. 


</P>
</DIV8>


<DIV8 N="§ 56.14130" NODE="30:1.0.1.8.29.13.61.19" TYPE="SECTION">
<HEAD>§ 56.14130   Roll-over protective structures (ROPS) and seat belts.</HEAD>
<P>(a) <I>Equipment included.</I> Roll-over protective structures (ROPS) and seat belts shall be installed on— 
</P>
<P>(1) Crawler tractors and crawler loaders; 
</P>
<P>(2) Graders; 
</P>
<P>(3) Wheel loaders and wheel tractors; 
</P>
<P>(4) The tractor portion of semi-mounted scrapers, dumpers, water wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel attachments; 
</P>
<P>(5) Skid-steer loaders; and 
</P>
<P>(6) Agricultural tractors. 
</P>
<P>(b) <I>ROPS construction.</I> ROPS shall meet the requirements of the following Society of Automotive Engineers (SAE) publications, as applicable, which are incorporated by reference: 
</P>
<P>(1) SAE J1040, “Performance Criteria for Roll-Over Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines,”, 1986; or 
</P>
<P>(2) SAE J1194, “Roll-Over Protective Structures (ROPS) for Wheeled Agricultural Tractors”, 1983. 
</P>
<P>(c) <I>ROPS labelling.</I> ROPS shall have a label permanently affixed to the structure identifying— 
</P>
<P>(1) The manufacturer's name and address; 
</P>
<P>(2) The ROPS model number; and 
</P>
<P>(3) The make and model number of the equipment for which the ROPS is designed. 
</P>
<P>(d) <I>ROPS installation.</I> ROPS shall be installed on the equipment in accordance with the recommendations of the ROPS manufacturer. 
</P>
<P>(e) <I>ROPS maintenance.</I> (1) ROPS shall be maintained in a condition that meets the performance requirements applicable to the equipment. If the ROPS is subjected to roll-over an abnormal structural loading, the equipment manufacturer or a registered professional engineer with knowledge and experience in ROPS design shall recertify that the ROPS meets the applicable performance requirements before it is returned to service. 
</P>
<P>(2) Alterations or repairs on ROPS shall be performed only with approval from the ROPS manufacturer or under the instructions of a registered professional engineer with knowledge and experience in ROPS design. The manufacturer or engineer shall certify that the ROPS meets the applicable performance requirements. 
</P>
<P>(f) <I>Exemptions.</I> (1) This standard does not apply to— 
</P>
<P>(i) Self-propelled mobile equipment manufactured prior to July 1, 1969; 
</P>
<P>(ii) Over-the-road type tractors that pull trailers or vans on highways;
</P>
<P>(iii) Equipment that is only operated by remote control; and 
</P>
<P>(2) Self-propelled mobile equipment manufactured prior to October 24, 1988, that is equipped with ROPS and seat belts that meet the installation and performance requirements of 30 CFR 56.9088 (1986 edition) shall be considered in compliance with paragraphs (b) and (h) of this section.
</P>
<P>(g) <I>Wearing seat belts.</I> Seat belts shall be worn by the equipment operator except that when operating graders from a standing position, the grader operator shall wear safety lines and a harness in place of a seat belt.
</P>
<P>(h) <I>Seat belts construction.</I> Seat belts required under this section shall meet the requirement of SAE J386, “Operator Restraint System for Off-Road Work Machines” (1985, 1993, or 1997), or SAE J1194, “Roll-Over Protective Structures (ROPS) for Wheeled Agricultural Tractors” (1983, 1989, 1994, or 1999), as applicable, which are incorporated by reference.
</P>
<P>(i) <I>Seat belt maintenance.</I> Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.
</P>
<P>(j) <I>Publications.</I> The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001; 724-776-4841; <I>http://www.sae.org.</I>
</P>
<CITA TYPE="N">[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988, as amended at 60 FR 33723, June 29, 1995; 67 FR 38385, June 4, 2002; 68 FR 19347, Apr. 21, 2003; 80 FR 52987, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 56.14131" NODE="30:1.0.1.8.29.13.61.20" TYPE="SECTION">
<HEAD>§ 56.14131   Seat belts for haulage trucks.</HEAD>
<P>(a) Seat belts shall be provided and worn in haulage trucks.
</P>
<P>(b) Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.
</P>
<P>(c) Seat belts required under this section shall meet the requirements of SAE J386, “Operator Restraint System for Off-Road Work Machines” (1985, 1993, or 1997), which are incorporated by reference. 
</P>
<P>(d) The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001; 724-776-4841; <I>http://www.sae.org.</I>
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 67 FR 38385, June 4, 2002; 68 FR 19347, Apr. 21, 2003; 80 FR 52987, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 56.14132" NODE="30:1.0.1.8.29.13.61.21" TYPE="SECTION">
<HEAD>§ 56.14132   Horns and backup alarms.</HEAD>
<P>(a) Manually-operated horns or other audible warning devices provided on self-propelled mobile equipment as a safety feature shall be maintained in functional condition.
</P>
<P>(b)(1) When the operator has an obstructed view to the rear, self-propelled mobile equipment shall have—
</P>
<P>(i) An automatic reverse-activated signal alarm;
</P>
<P>(ii) A wheel-mounted bell alarm which sounds at least once for each three feet of reverse movement;
</P>
<P>(iii) A discriminating backup alarm that covers the area of obstructed view; or
</P>
<P>(iv) An observer to signal when it is safe to back up.
</P>
<P>(2) Alarms shall be audible above the surrounding noise level.
</P>
<P>(3) An automatic reverse-activated strobe light may be used at night in lieu of an audible reverse alarm.
</P>
<P>(c) This standard does not apply to rail equipment.


</P>
</DIV8>

</DIV7>


<DIV7 N="62" NODE="30:1.0.1.8.29.13.62" TYPE="SUBJGRP">
<HEAD>Safety Practices and Operational Procedures</HEAD>


<DIV8 N="§ 56.14200" NODE="30:1.0.1.8.29.13.62.22" TYPE="SECTION">
<HEAD>§ 56.14200   Warnings prior to starting or moving equipment.</HEAD>
<P>Before starting crushers or moving self-propelled mobile equipment, equipment operators shall sound a warning that is audible above the surrounding noise level or use other effective means to warn all persons who could be exposed to a hazard from the equipment.


</P>
</DIV8>


<DIV8 N="§ 56.14201" NODE="30:1.0.1.8.29.13.62.23" TYPE="SECTION">
<HEAD>§ 56.14201   Conveyor start-up warnings.</HEAD>
<P>(a) When the entire length of a conveyor is visible from the starting switch, the conveyor operator shall visually check to make certain that all persons are in the clear before starting the conveyor.
</P>
<P>(b) When the entire length of the conveyor is not visible from the starting switch, a system which provides visible or audible warning shall be installed and operated to warn persons that the conveyor will be started. Within 30 seconds after the warning is given, the conveyor shall be started or a second warning shall be given.


</P>
</DIV8>


<DIV8 N="§ 56.14202" NODE="30:1.0.1.8.29.13.62.24" TYPE="SECTION">
<HEAD>§ 56.14202   Manual cleaning of conveyor pulleys.</HEAD>
<P>Pulleys of conveyors shall not be cleaned manually while the conveyor is in motion.


</P>
</DIV8>


<DIV8 N="§ 56.14203" NODE="30:1.0.1.8.29.13.62.25" TYPE="SECTION">
<HEAD>§ 56.14203   Application of belt dressing.</HEAD>
<P>Belt dressings shall not be applied manually while belts are in motion unless a pressurized-type applicator is used that allows the dressing to be applied from outside the guards.


</P>
</DIV8>


<DIV8 N="§ 56.14204" NODE="30:1.0.1.8.29.13.62.26" TYPE="SECTION">
<HEAD>§ 56.14204   Machinery lubrication.</HEAD>
<P>Machinery or equipment shall not be lubricated manually while it is in motion where application of the lubricant may expose persons to injury.


</P>
</DIV8>


<DIV8 N="§ 56.14205" NODE="30:1.0.1.8.29.13.62.27" TYPE="SECTION">
<HEAD>§ 56.14205   Machinery, equipment, and tools.</HEAD>
<P>Machinery, equipment, and tools shall not be used beyond the design capacity intended by the manufacturer where such use may create a hazard to persons. 


</P>
</DIV8>


<DIV8 N="§ 56.14206" NODE="30:1.0.1.8.29.13.62.28" TYPE="SECTION">
<HEAD>§ 56.14206   Securing movable parts.</HEAD>
<P>(a) When moving mobile equipment between workplaces, booms, forks, buckets, beds, and similar movable parts of the equipment shall be positioned in the travel mode and, if required for safe travel, mechanically secured.
</P>
<P>(b) When mobile equipment is unattended or not in use, dippers, buckets and scraper blades shall be lowered to the ground. Other movable parts, such as booms, shall be mechanically secured or positioned to prevent movement which would create a hazard to persons.
</P>
<CITA TYPE="N">[53 FR 32521, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 56.14207" NODE="30:1.0.1.8.29.13.62.29" TYPE="SECTION">
<HEAD>§ 56.14207   Parking procedures for unattended equipment.</HEAD>
<P>Mobile equipment shall not be left unattended unless the controls are placed in the park position and the parking brake, if provided, is set. When parked on a grade, the wheels or tracks of mobile equipment shall be either chocked or turned into a bank.


</P>
</DIV8>


<DIV8 N="§ 56.14208" NODE="30:1.0.1.8.29.13.62.30" TYPE="SECTION">
<HEAD>§ 56.14208   Warning devices.</HEAD>
<P>(a) Visible warning devices shall be used when parked mobile equipment creates a hazard to persons in other mobile equipment. 
</P>
<P>(b) Mobile equipment, other than forklifts, carrying loads that project beyond the sides or more than four feet beyond the rear of the equipment shall have a warning flag at the end of the projection. Under conditions of limited visibility these loads shall have a warning light at the end of the projection. Such flag or lights shall be attached to the end of the projection or be carried by persons walking beside or behind the projection.


</P>
</DIV8>


<DIV8 N="§ 56.14209" NODE="30:1.0.1.8.29.13.62.31" TYPE="SECTION">
<HEAD>§ 56.14209   Safety procedures for towing.</HEAD>
<P>(a) A properly sized tow bar or other effective means of control shall be used to tow mobile equipment.
</P>
<P>(b) Unless steering and braking are under the control of the equipment operator on the towed equipment, a safety chain or wire rope capable of withstanding the loads to which it could be subjected shall be used in conjunction with any primary rigging.
</P>
<P>(c) This provision does not apply to rail equipment.


</P>
</DIV8>


<DIV8 N="§ 56.14210" NODE="30:1.0.1.8.29.13.62.32" TYPE="SECTION">
<HEAD>§ 56.14210   Movement of dippers, buckets, loading booms, or suspended loads.</HEAD>
<P>(a) Dippers, buckets, loading booms, or suspended loads shall not be swung over the operators' stations of self-propelled mobile equipment until the equipment operator is out of the operator's station and in a safe location.
</P>
<P>(b) This section does not apply when the equipment is specifically designed to protect the equipment operator from falling objects.


</P>
</DIV8>


<DIV8 N="§ 56.14211" NODE="30:1.0.1.8.29.13.62.33" TYPE="SECTION">
<HEAD>§ 56.14211   Blocking equipment in a raised position.</HEAD>
<P>(a) Persons shall not work on top of, under, or work from mobile equipment in a raised position until the equipment has been blocked or mechanically secured to prevent it from rolling or falling accidentally.
</P>
<P>(b) Persons shall not work on top of, under, or work from a raised component of mobile equipment until the component has been blocked or mechanically secured to prevent accidental lowering. The equipment must also be blocked or secured to prevent rolling.
</P>
<P>(c) A raised component must be secured to prevent accidental lowering when persons are working on or around mobile equipment and are exposed to the hazard of accidental lowering of the component.
</P>
<P>(d) Under this section, a raised component of mobile equipment is considered to be blocked or mechanically secured if provided with a functional load-locking device or a device which prevents free and uncontrolled descent.
</P>
<P>(e) Blocking or mechanical securing of the raised component is required during repair or maintenance of elevated mobile work platforms.


</P>
</DIV8>


<DIV8 N="§ 56.14212" NODE="30:1.0.1.8.29.13.62.34" TYPE="SECTION">
<HEAD>§ 56.14212   Chains, ropes, and drive belts.</HEAD>
<P>Chains, ropes, and drive belts shall be guided mechanically onto moving pulleys, sprockets, or drums except where equipment is designed specifically for hand feeding.


</P>
</DIV8>


<DIV8 N="§ 56.14213" NODE="30:1.0.1.8.29.13.62.35" TYPE="SECTION">
<HEAD>§ 56.14213   Ventilation and shielding for welding.</HEAD>
<P>(a) Welding operations shall be shielded when performed at locations where arc flash could be hazardous to persons.
</P>
<P>(b) All welding operations shall be well-ventilated.


</P>
</DIV8>


<DIV8 N="§ 56.14214" NODE="30:1.0.1.8.29.13.62.36" TYPE="SECTION">
<HEAD>§ 56.14214   Train warnings.</HEAD>
<P>A warning that is audible above the surrounding noise level shall be sounded—
</P>
<P>(a) Immediately prior to moving trains;
</P>
<P>(b) When trains approach persons, crossings, other trains on adjacent tracks; and
</P>
<P>(c) Any place where the train operator's vision is obscured.


</P>
</DIV8>


<DIV8 N="§ 56.14215" NODE="30:1.0.1.8.29.13.62.37" TYPE="SECTION">
<HEAD>§ 56.14215   Coupling or uncoupling cars.</HEAD>
<P>Prior to coupling or uncoupling cars manually, trains shall be brought to a complete stop, and then moved at minimum tram speed until the coupling or uncoupling activity is completed. Coupling or uncoupling shall not be attempted from the inside of curves unless the railroad and cars are designed to eliminate hazards to persons. 


</P>
</DIV8>


<DIV8 N="§ 56.14216" NODE="30:1.0.1.8.29.13.62.38" TYPE="SECTION">
<HEAD>§ 56.14216   Backpoling.</HEAD>
<P>Backpoling of trolleys is prohibited except where there is inadequate clearance to reverse the trolley pole. Where backpoling is required, it shall be done only at the minimum tram speed of the trolley.


</P>
</DIV8>


<DIV8 N="§ 56.14217" NODE="30:1.0.1.8.29.13.62.39" TYPE="SECTION">
<HEAD>§ 56.14217   Securing parked railcars.</HEAD>
<P>Parked railcars shall be blocked securely unless held effectively by brakes.


</P>
</DIV8>


<DIV8 N="§ 56.14218" NODE="30:1.0.1.8.29.13.62.40" TYPE="SECTION">
<HEAD>§ 56.14218   Movement of equipment on adjacent tracks.</HEAD>
<P>When a locomotive on one track is used to move rail equipment on adjacent tracks, a chain, cable, or drawbar shall be used which is capable of meeting the loads to which it could be subjected.


</P>
</DIV8>


<DIV8 N="§ 56.14219" NODE="30:1.0.1.8.29.13.62.41" TYPE="SECTION">
<HEAD>§ 56.14219   Brakeman signals.</HEAD>
<P>When a train is under the direction of a brakeman and the train operator cannot clearly recognize the brakeman's signals, the train operator shall bring the train to a stop.


</P>
</DIV8>

</DIV7>


<DIV9 N="Appendix I" NODE="30:1.0.1.8.29.13.63.42.6" TYPE="APPENDIX">
<HEAD>Appendix I to Subpart M of Part 56—National Consensus Standards
</HEAD>
<P>Mine operators seeking further information regarding the construction and installation of falling object protective structures (FOPS) may consult the following national consensus standards, as applicable.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">MSHA Standard 56.14106, Falling Object Protection.
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Equipment
</TH><TH class="gpotbl_colhed" scope="col">National consensus standard
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Front-end loaders and bulldozers</TD><TD align="left" class="gpotbl_cell">Society of Automotive Engineers (SAE) minimum performance criteria for falling object protective structures (FOPS) SAE J231—January, 1981.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Fork-lift trucks</TD><TD align="left" class="gpotbl_cell">American National Standards Institute (ANSI) safety standard for low lift and high lift trucks, B 56.1, section 7.27—1983; or,
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">American National Standards Institute (ANSI) standard, rough terrain fork lift trucks, B56.6—1987.</TD></TR></TABLE></DIV></DIV>
</DIV9>

</DIV6>


<DIV6 N="N" NODE="30:1.0.1.8.29.14" TYPE="SUBPART">
<HEAD>Subpart N—Personal Protection</HEAD>


<DIV8 N="§ 56.15001" NODE="30:1.0.1.8.29.14.63.1" TYPE="SECTION">
<HEAD>§ 56.15001   First-aid materials.</HEAD>
<P>Adequate first-aid materials, including stretchers and blankets, shall be provided at places convenient to all working areas. Water or neutralizing agents shall be available where corrosive chemicals or other harmful substances are stored, handled, or used. 


</P>
</DIV8>


<DIV8 N="§ 56.15002" NODE="30:1.0.1.8.29.14.63.2" TYPE="SECTION">
<HEAD>§ 56.15002   Hard hats.</HEAD>
<P>All persons shall wear suitable hard hats when in or around a mine or plant where falling objects may create a hazard.


</P>
</DIV8>


<DIV8 N="§ 56.15003" NODE="30:1.0.1.8.29.14.63.3" TYPE="SECTION">
<HEAD>§ 56.15003   Protective footwear.</HEAD>
<P>All persons shall wear suitable protective footwear when in or around an area of a mine or plant where a hazard exists which could cause an injury to the feet.


</P>
</DIV8>


<DIV8 N="§ 56.15004" NODE="30:1.0.1.8.29.14.63.4" TYPE="SECTION">
<HEAD>§ 56.15004   Eye protection.</HEAD>
<P>All persons shall wear safety glasses, goggles, or face shields or other suitable protective devices when in or around an area of a mine or plant where a hazard exists which could cause injury to unprotected eyes.


</P>
</DIV8>


<DIV8 N="§ 56.15005" NODE="30:1.0.1.8.29.14.63.5" TYPE="SECTION">
<HEAD>§ 56.15005   Safety belts and lines.</HEAD>
<P>Safety belts and lines shall be worn when persons work where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered.


</P>
</DIV8>


<DIV8 N="§ 56.15006" NODE="30:1.0.1.8.29.14.63.6" TYPE="SECTION">
<HEAD>§ 56.15006   Protective equipment and clothing for hazards and irritants.</HEAD>
<P>Special protective equipment and special protective clothing shall be provided, maintained in a sanitary and reliable condition and used whenever hazards of process or environment, chemical hazards, radiological hazards, or mechanical irritants are encountered in a manner capable of causing injury or impairment.


</P>
</DIV8>


<DIV8 N="§ 56.15007" NODE="30:1.0.1.8.29.14.63.7" TYPE="SECTION">
<HEAD>§ 56.15007   Protective equipment or clothing for welding, cutting, or working with molten metal.</HEAD>
<P>Protective clothing or equipment and face shields, or goggles shall be worn when welding, cutting, or working with molten metal.


</P>
</DIV8>


<DIV8 N="§ 56.15014" NODE="30:1.0.1.8.29.14.63.8" TYPE="SECTION">
<HEAD>§ 56.15014   Eye protection when operating grinding wheels.</HEAD>
<P>Face shields or goggles in good condition shall be worn when operating a grinding wheel.
</P>
<CITA TYPE="N">[53 FR 32526, Aug. 25, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 56.15020" NODE="30:1.0.1.8.29.14.63.9" TYPE="SECTION">
<HEAD>§ 56.15020   Life jackets and belts.</HEAD>
<P>Life jackets or belts shall be worn where there is danger from falling into water.


</P>
</DIV8>

</DIV6>


<DIV6 N="O" NODE="30:1.0.1.8.29.15" TYPE="SUBPART">
<HEAD>Subpart O—Materials Storage and Handling</HEAD>


<DIV8 N="§ 56.16001" NODE="30:1.0.1.8.29.15.63.1" TYPE="SECTION">
<HEAD>§ 56.16001   Stacking and storage of materials.</HEAD>
<P>Supplies shall not be stacked or stored in a manner which creates tripping or fall-of-material hazards.


</P>
</DIV8>


<DIV8 N="§ 56.16002" NODE="30:1.0.1.8.29.15.63.2" TYPE="SECTION">
<HEAD>§ 56.16002   Bins, hoppers, silos, tanks, and surge piles.</HEAD>
<P>(a) Bins, hoppers, silos, tanks, and surge piles, where loose unconsolidated materials are stored, handled or transferred shall be—
</P>
<P>(1) Equipped with mechanical devices or other effective means of handling materials so that during normal operations persons are not required to enter or work where they are exposed to entrapment by the caving or sliding of materials; and
</P>
<P>(2) Equipped with supply and discharge operating controls. The controls shall be located so that spills or overruns will not endanger persons.
</P>
<P>(b) Where persons are required to move around or over any facility listed in this standard, suitable walkways or passageways shall be provided.
</P>
<P>(c) Where persons are required to enter any facility listed in this standard for maintenance or inspection purposes, ladders, platforms, or staging shall be provided. No person shall enter the facility until the supply and discharge of materials have ceased and the supply and discharge equipment is locked out. Persons entering the facility shall wear a safety belt or harness equipped with a lifeline suitably fastened. A second person, similarly equipped, shall be stationed near where the lifeline is fastened and shall constantly adjust it or keep it tight as needed, with minimum slack.


</P>
</DIV8>


<DIV8 N="§ 56.16003" NODE="30:1.0.1.8.29.15.63.3" TYPE="SECTION">
<HEAD>§ 56.16003   Storage of hazardous materials.</HEAD>
<P>Materials that can create hazards if accidentally liberated from their containers shall be stored in a manner that minimizes the dangers.


</P>
</DIV8>


<DIV8 N="§ 56.16004" NODE="30:1.0.1.8.29.15.63.4" TYPE="SECTION">
<HEAD>§ 56.16004   Containers for hazardous materials.</HEAD>
<P>Containers holding hazardous materials must be of a type approved for such use by recognized agencies. 
</P>
<CITA TYPE="N">[67 FR 42389, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 56.16005" NODE="30:1.0.1.8.29.15.63.5" TYPE="SECTION">
<HEAD>§ 56.16005   Securing gas cylinders.</HEAD>
<P>Compressed and liquid gas cylinders shall be secured in a safe manner.


</P>
</DIV8>


<DIV8 N="§ 56.16006" NODE="30:1.0.1.8.29.15.63.6" TYPE="SECTION">
<HEAD>§ 56.16006   Protection of gas cylinder valves.</HEAD>
<P>Valves on compressed gas cylinders shall be protected by covers when being transported or stored, and by a safe location when the cylinders are in use.


</P>
</DIV8>


<DIV8 N="§ 56.16007" NODE="30:1.0.1.8.29.15.63.7" TYPE="SECTION">
<HEAD>§ 56.16007   Taglines, hitches, and slings.</HEAD>
<P>(a) Taglines shall be attached to loads that may require steadying or guidance while suspended.
</P>
<P>(b) Hitches and slings used to hoist materials shall be suitable for the particular material handled.


</P>
</DIV8>


<DIV8 N="§ 56.16009" NODE="30:1.0.1.8.29.15.63.8" TYPE="SECTION">
<HEAD>§ 56.16009   Suspended loads.</HEAD>
<P>Persons shall stay clear of suspended loads.


</P>
</DIV8>


<DIV8 N="§ 56.16010" NODE="30:1.0.1.8.29.15.63.9" TYPE="SECTION">
<HEAD>§ 56.16010   Dropping materials from overhead.</HEAD>
<P>To protect personnel, material shall not be dropped from an overhead elevation until the drop area is first cleared of personnel and the area is then either guarded or a suitable warning is given.


</P>
</DIV8>


<DIV8 N="§ 56.16011" NODE="30:1.0.1.8.29.15.63.10" TYPE="SECTION">
<HEAD>§ 56.16011   Riding hoisted loads or on the hoist hook.</HEAD>
<P>Persons shall not ride on loads being moved by cranes or derricks, nor shall they ride the hoisting hooks unless such method eliminates a greater hazard.


</P>
</DIV8>


<DIV8 N="§ 56.16012" NODE="30:1.0.1.8.29.15.63.11" TYPE="SECTION">
<HEAD>§ 56.16012   Storage of incompatible substances.</HEAD>
<P>Chemical substances, including concentrated acids and alkalies, shall be stored to prevent inadvertent contact with each other or with other substances, where such contact could cause a violent reaction or the liberation of harmful fumes or gases. 


</P>
</DIV8>


<DIV8 N="§ 56.16013" NODE="30:1.0.1.8.29.15.63.12" TYPE="SECTION">
<HEAD>§ 56.16013   Working with molten metal.</HEAD>
<P>Suitable warning shall be given before molten metal is poured and before a container of molten metal is moved.


</P>
</DIV8>


<DIV8 N="§ 56.16014" NODE="30:1.0.1.8.29.15.63.13" TYPE="SECTION">
<HEAD>§ 56.16014   Operator-carrying overhead cranes.</HEAD>
<P>Operator-carrying overhead cranes shall be provided with—
</P>
<P>(a) Bumpers at each end of each rail;
</P>
<P>(b) Automatic switches to halt uptravel of the blocks before they strike the hoist;
</P>
<P>(c) Effective audible warning signals within easy reach of the operator; and
</P>
<P>(d) A means to lock out the disconnect switch.


</P>
</DIV8>


<DIV8 N="§ 56.16015" NODE="30:1.0.1.8.29.15.63.14" TYPE="SECTION">
<HEAD>§ 56.16015   Work or travel on overhead crane bridges.</HEAD>
<P>No person shall work from or travel on the bridge of an overhead crane unless the bridge is provided with substantial footwalks with toeboards and railings the length of the bridge.


</P>
</DIV8>


<DIV8 N="§ 56.16016" NODE="30:1.0.1.8.29.15.63.15" TYPE="SECTION">
<HEAD>§ 56.16016   Lift trucks.</HEAD>
<P>Fork and other similar types of lift trucks shall be operated with the—
</P>
<P>(a) Upright tilted back to steady and secure the load;
</P>
<P>(b) Load in the upgrade position when ascending or descending grades in excess of 10 percent;
</P>
<P>(c) Load not raised or lowered enroute except for minor adjustments; and
</P>
<P>(d) Load-engaging device downgrade when traveling unloaded on all grades.


</P>
</DIV8>

</DIV6>


<DIV6 N="P" NODE="30:1.0.1.8.29.16" TYPE="SUBPART">
<HEAD>Subpart P—Illumination</HEAD>


<DIV8 N="§ 56.17001" NODE="30:1.0.1.8.29.16.63.1" TYPE="SECTION">
<HEAD>§ 56.17001   Illumination of surface working areas.</HEAD>
<P>Illumination sufficient to provide safe working conditions shall be provided in and on all surface structures, paths, walkways, stairways, switch panels, loading and dumping sites, and work areas.


</P>
</DIV8>

</DIV6>


<DIV6 N="Q" NODE="30:1.0.1.8.29.17" TYPE="SUBPART">
<HEAD>Subpart Q—Safety Programs</HEAD>


<DIV8 N="§ 56.18002" NODE="30:1.0.1.8.29.17.63.1" TYPE="SECTION">
<HEAD>§ 56.18002   Examination of working places.</HEAD>
<P>(a) A competent person designated by the operator shall examine each working place at least once each shift before miners begin work in that place, for conditions that may adversely affect safety or health.
</P>
<P>(1) The operator shall promptly notify miners in any affected areas of any conditions found that may adversely affect safety or health and promptly initiate appropriate action to correct such conditions.
</P>
<P>(2) Conditions noted by the person conducting the examination that may present an imminent danger shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.
</P>
<P>(b) A record of each examination shall be made before the end of the shift for which the examination was conducted. The record shall contain the name of the person conducting the examination; date of the examination; location of all areas examined; and description of each condition found that may adversely affect the safety or health of miners.
</P>
<P>(c) When a condition that may adversely affect safety or health is corrected, the examination record shall include, or be supplemented to include, the date of the corrective action.
</P>
<P>(d) The operator shall maintain the examination records for at least one year, make the records available for inspection by authorized representatives of the Secretary and the representatives of miners, and provide these representatives a copy on request.
</P>
<CITA TYPE="N">[84 FR 51401, Sept. 30, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 56.18006" NODE="30:1.0.1.8.29.17.63.2" TYPE="SECTION">
<HEAD>§ 56.18006   New employees.</HEAD>
<P>New employees shall be indoctrinated in safety rules and safe work procedures.


</P>
</DIV8>


<DIV8 N="§ 56.18009" NODE="30:1.0.1.8.29.17.63.3" TYPE="SECTION">
<HEAD>§ 56.18009   Designation of person in charge.</HEAD>
<P>When persons are working at the mine, a competent person designated by the mine operator shall be in attendance to take charge in case of an emergency.


</P>
</DIV8>


<DIV8 N="§ 56.18010" NODE="30:1.0.1.8.29.17.63.4" TYPE="SECTION">
<HEAD>§ 56.18010   First aid.</HEAD>
<P>An individual capable of providing first aid shall be available on all shifts. The individual shall be currently trained and have the skills to perform patient assessment and artificial respiration; control bleeding; and treat shock, wounds, burns, and musculoskeletal injuries. First aid training shall be made available to all interested miners. 
</P>
<CITA TYPE="N">[61 FR 50436, Sept. 26, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 56.18012" NODE="30:1.0.1.8.29.17.63.5" TYPE="SECTION">
<HEAD>§ 56.18012   Emergency telephone numbers.</HEAD>
<P>Emergency telephone numbers shall be posted at appropriate telephones.


</P>
</DIV8>


<DIV8 N="§ 56.18013" NODE="30:1.0.1.8.29.17.63.6" TYPE="SECTION">
<HEAD>§ 56.18013   Emergency communications system.</HEAD>
<P>A suitable communication system shall be provided at the mine to obtain assistance in the event of an emergency.


</P>
</DIV8>


<DIV8 N="§ 56.18014" NODE="30:1.0.1.8.29.17.63.7" TYPE="SECTION">
<HEAD>§ 56.18014   Emergency medical assistance and transportation.</HEAD>
<P>Arrangements shall be made in advance for obtaining emergency medical assistance and transportation for injured persons.


</P>
</DIV8>


<DIV8 N="§ 56.18020" NODE="30:1.0.1.8.29.17.63.8" TYPE="SECTION">
<HEAD>§ 56.18020   Working alone.</HEAD>
<P>No employee shall be assigned, or allowed, or be required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen.


</P>
</DIV8>

</DIV6>


<DIV6 N="R" NODE="30:1.0.1.8.29.18" TYPE="SUBPART">
<HEAD>Subpart R—Personnel Hoisting</HEAD>


<DIV8 N="§ 56.19000" NODE="30:1.0.1.8.29.18.63.1" TYPE="SECTION">
<HEAD>§ 56.19000   Application.</HEAD>
<P>(a) The hoisting standards in this subpart apply to those hoists and appurtenances used for hoisting persons. However, where persons may be endangered by hoists and appurtenances used solely for handling ore, rock, and materials, the appropriate standards should be applied.
</P>
<P>(b) Standards 56.19021 through 56.19028 apply to wire ropes in service used to hoist persons with an incline hoist on the surface.
</P>
<P>(c) Emergency hoisting facilities should conform to the extent possible to safety requirements for other hoists, and should be adequate to remove the persons from the mine with a minimum of delay.


</P>
</DIV8>


<DIV7 N="63" NODE="30:1.0.1.8.29.18.63" TYPE="SUBJGRP">
<HEAD>Hoists</HEAD>


<DIV8 N="§ 56.19001" NODE="30:1.0.1.8.29.18.63.2" TYPE="SECTION">
<HEAD>§ 56.19001   Rated capacities.</HEAD>
<P>Hoists shall have rated capacities consistent with the loads handled and the recommended safety factors of the ropes used.


</P>
</DIV8>


<DIV8 N="§ 56.19002" NODE="30:1.0.1.8.29.18.63.3" TYPE="SECTION">
<HEAD>§ 56.19002   Anchoring.</HEAD>
<P>Hoists shall be anchored securely.


</P>
</DIV8>


<DIV8 N="§ 56.19003" NODE="30:1.0.1.8.29.18.63.4" TYPE="SECTION">
<HEAD>§ 56.19003   Driving mechanism connections.</HEAD>
<P>Belt, rope, or chains shall not be used to connect driving mechanisms to man hoists.


</P>
</DIV8>


<DIV8 N="§ 56.19004" NODE="30:1.0.1.8.29.18.63.5" TYPE="SECTION">
<HEAD>§ 56.19004   Brakes.</HEAD>
<P>Any hoist used to hoist persons shall be equipped with a brake or brakes which shall be capable of holding its fully loaded cage, skip, or bucket at any point in the shaft.


</P>
</DIV8>


<DIV8 N="§ 56.19005" NODE="30:1.0.1.8.29.18.63.6" TYPE="SECTION">
<HEAD>§ 56.19005   Locking mechanism for clutch.</HEAD>
<P>The operating mechanism of the clutch of every man-hoist drum shall be provided with a locking mechanism, or interlocked electrically or mechanically with the brake to prevent accidental withdrawal of the clutch.


</P>
</DIV8>


<DIV8 N="§ 56.19006" NODE="30:1.0.1.8.29.18.63.7" TYPE="SECTION">
<HEAD>§ 56.19006   Automatic hoist braking devices.</HEAD>
<P>Automatic hoists shall be provided with devices that automatically apply the brakes in the event of power failure.


</P>
</DIV8>


<DIV8 N="§ 56.19007" NODE="30:1.0.1.8.29.18.63.8" TYPE="SECTION">
<HEAD>§ 56.19007   Overtravel and overspeed devices.</HEAD>
<P>All man hoists shall be provided with devices to prevent overtravel. When utilized in shafts exceeding 100 feet in depth, such hoists shall also be provided with overspeed devices.


</P>
</DIV8>


<DIV8 N="§ 56.19008" NODE="30:1.0.1.8.29.18.63.9" TYPE="SECTION">
<HEAD>§ 56.19008   Friction hoist synchronizing mechanisms.</HEAD>
<P>Where creep or slip may alter the effective position of safety devices, friction hoists shall be equipped with synchronizing mechanisms that recalibrate the overtravel devices and position indicators.


</P>
</DIV8>


<DIV8 N="§ 56.19009" NODE="30:1.0.1.8.29.18.63.10" TYPE="SECTION">
<HEAD>§ 56.19009   Position indicator.</HEAD>
<P>An accurate and reliable indicator of the position of the cage, skip, bucket, or cars in the shaft shall be provided.


</P>
</DIV8>


<DIV8 N="§ 56.19010" NODE="30:1.0.1.8.29.18.63.11" TYPE="SECTION">
<HEAD>§ 56.19010   Location of hoist controls.</HEAD>
<P>Hoist controls shall be placed or housed so that the noise from machinery or other sources will not prevent hoistmen from hearing signals. 


</P>
</DIV8>


<DIV8 N="§ 56.19011" NODE="30:1.0.1.8.29.18.63.12" TYPE="SECTION">
<HEAD>§ 56.19011   Drum flanges.</HEAD>
<P>Flanges on drums shall extend radially a minimum of 4 inches or three rope diameters beyond the last wrap, whichever is the lesser.


</P>
</DIV8>


<DIV8 N="§ 56.19012" NODE="30:1.0.1.8.29.18.63.13" TYPE="SECTION">
<HEAD>§ 56.19012   Grooved drums.</HEAD>
<P>Where grooved drums are used, the grooves shall be of suitable size and pitch for the ropes used.


</P>
</DIV8>


<DIV8 N="§ 56.19013" NODE="30:1.0.1.8.29.18.63.14" TYPE="SECTION">
<HEAD>§ 56.19013   Diesel- and other fuel-injection-powered hoists.</HEAD>
<P>Where any diesel or similar fuel-injection engine is used to power a hoist, the engine shall be equipped with a damper or other cutoff in its air intake system. The control handle shall be clearly labeled to indicate that its intended function is for emergency stopping only.


</P>
</DIV8>


<DIV8 N="§ 56.19014" NODE="30:1.0.1.8.29.18.63.15" TYPE="SECTION">
<HEAD>§ 56.19014   Friction hoist overtravel protection.</HEAD>
<P>In a friction hoist installation, tapered guides or other approved devices shall be installed above and below the limits of regular travel of the conveyance and arranged to prevent overtravel in the event of failure of other devices.


</P>
</DIV8>


<DIV8 N="§ 56.19017" NODE="30:1.0.1.8.29.18.63.16" TYPE="SECTION">
<HEAD>§ 56.19017   Emergency braking for electric hoists.</HEAD>
<P>Each electric hoist shall be equipped with a manually-operable switch that will initiate emergency braking action to bring the conveyance and the counterbalance safely to rest. This switch shall be located within reach of the hoistman in case the manual controls of the hoist fail. 


</P>
</DIV8>


<DIV8 N="§ 56.19018" NODE="30:1.0.1.8.29.18.63.17" TYPE="SECTION">
<HEAD>§ 56.19018   Overtravel by-pass switches.</HEAD>
<P>When an overtravel by-pass switch is installed, the switch shall function so as to allow the conveyance to be moved through the overtravel position when the switch is held in the closed position by the hoistman. The overtravel by-pass switch shall return automatically to the open position when released by the hoistman.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985; 50 FR 20100, May 14, 1985]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="64" NODE="30:1.0.1.8.29.18.64" TYPE="SUBJGRP">
<HEAD>Wire Ropes</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).


</PSPACE></AUTH>

<DIV8 N="§ 56.19021" NODE="30:1.0.1.8.29.18.64.18" TYPE="SECTION">
<HEAD>§ 56.19021   Minimum rope strength.</HEAD>
<P>At installation, the nominal strength (manufacturer's published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which “L” equals the maximum suspended rope length in feet:
</P>
<P>(a) <I>Winding drum ropes</I> (all constructions, including rotation resistant). 
</P>
<EXTRACT>
<FP-1>For rope lengths less than 3,000 feet:
</FP-1>
<FP1-2>Minimum Value = Static
</FP1-2>
<FP1-2>Load × (7.0-0.001L)
</FP1-2>
<FP-1>For rope lengths 3,000 feet or greater:
</FP-1>
<FP1-2>Minimum Value = Static Load × 4.0</FP1-2></EXTRACT>
<P>(b) <I>Friction drum ropes.</I> 
</P>
<EXTRACT>
<FP-1>For rope lengths less than 4,000 feet:
</FP-1>
<FP1-2>Minimum Value = Static
</FP1-2>
<FP1-2>Load × (7.0-0.0005L)
</FP1-2>
<FP-1>For rope lengths 4,000 feet or greater:
</FP-1>
<FP1-2>Minimum Value = Static Load × 5.0</FP1-2></EXTRACT>
<P>(c) <I>Tail ropes</I> (balance ropes).
</P>
<EXTRACT>
<FP-1>Minimum Value = Weight of Rope × 7.0</FP-1></EXTRACT>
</DIV8>


<DIV8 N="§ 56.19022" NODE="30:1.0.1.8.29.18.64.19" TYPE="SECTION">
<HEAD>§ 56.19022   Initial measurement.</HEAD>
<P>After initial rope stretch but before visible wear occurs, the rope diameter of newly installed wire ropes shall be measured at least once in every third interval of active length and the measurements averaged to establish a baseline for subsequent measurements. A record of the measurements and the date shall be made by the person taking the measurements. This record shall be retained until the rope is retired from service.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 56.19023" NODE="30:1.0.1.8.29.18.64.20" TYPE="SECTION">
<HEAD>§ 56.19023   Examinations.</HEAD>
<P>(a) At least once every fourteen calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change-of-layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be examined on a daily basis.
</P>
<P>(b) Before any person is hoisted with a newly installed wire rope or any wire rope that has not been examined in the previous fourteen calendar days, the wire rope shall be examined in accordance with paragraph (a) of this section.
</P>
<P>(c) At least once every six months, nondestructive tests shall be conducted of the active length of the rope, or rope diameter measurements shall be made—
</P>
<P>(1) Wherever wear is evident;
</P>
<P>(2) Where the hoist rope rests on sheaves at regular stopping points;
</P>
<P>(3) Where the hoist rope leaves the drum at regular stopping points; and
</P>
<P>(4) At drum crossover and change-of-layer regions.
</P>
<P>(d) At the completion of each examination required by paragraph (a) of this section, the person making the examination shall certify, by signature and date, that the examination has been made. If any condition listed in paragraph (a) of this section is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.
</P>
<P>(e) The person making the measurements or nondestructive tests as required by paragraph (c) of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.
</P>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 56.19024" NODE="30:1.0.1.8.29.18.64.21" TYPE="SECTION">
<HEAD>§ 56.19024   Retirement criteria.</HEAD>
<P>Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the following conditions occurs:
</P>
<P>(a) The number of broken wires within a rope lay length, excluding filler wires, exceeds either—
</P>
<P>(1) Five percent of the total number of wires; or
</P>
<P>(2) Fifteen percent of the total number of wires within any strand.
</P>
<P>(b) On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length.
</P>
<P>(c) A loss of more than one-third of the original diameter of the outer wires.
</P>
<P>(d) Rope deterioration from corrosion.
</P>
<P>(e) Distortion of the rope structure.
</P>
<P>(f) Heat damage from any source.
</P>
<P>(g) Diameter reduction due to wear that exceeds six percent of the baseline diameter measurement.
</P>
<P>(h) Loss of more than ten percent of rope strength as determined by nondestructive testing.


</P>
</DIV8>


<DIV8 N="§ 56.19025" NODE="30:1.0.1.8.29.18.64.22" TYPE="SECTION">
<HEAD>§ 56.19025   Load end attachments.</HEAD>
<P>(a) Wire rope shall be attached to the load by a method that develops at least 80 percent of the nominal strength of the rope.
</P>
<P>(b) Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.
</P>
<P>(c) Load end attachment methods using splices are prohibited.


</P>
</DIV8>


<DIV8 N="§ 56.19026" NODE="30:1.0.1.8.29.18.64.23" TYPE="SECTION">
<HEAD>§ 56.19026   Drum end attachment.</HEAD>
<P>(a) For drum end attachment, wire rope shall be attached—
</P>
<P>(1) Securely by clips after making one full turn around the drum spoke;
</P>
<P>(2) Securely by clips after making one full turn around the shaft, if the drum is fixed to the shaft; or
</P>
<P>(3) By properly assembled anchor bolts, clamps, or wedges, provided that the attachment is a design feature of the hoist drum. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.
</P>
<P>(b) A minimum of three full turns of wire rope shall be on the drum when the rope is extended to its maximum working length.


</P>
</DIV8>


<DIV8 N="§ 56.19027" NODE="30:1.0.1.8.29.18.64.24" TYPE="SECTION">
<HEAD>§ 56.19027   End attachment retermination.</HEAD>
<P>Damaged or deteriorated wire rope shall be removed by cutoff and the rope reterminated where there is—
</P>
<P>(a) More than one broken wire at an attachment;
</P>
<P>(b) Improper installation of an attachment;
</P>
<P>(c) Slippage at an attachment; or
</P>
<P>(d) Evidence of deterioration from corrosion at an attachment.


</P>
</DIV8>


<DIV8 N="§ 56.19028" NODE="30:1.0.1.8.29.18.64.25" TYPE="SECTION">
<HEAD>§ 56.19028   End attachment replacement.</HEAD>
<P>Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.


</P>
</DIV8>


<DIV8 N="§ 56.19030" NODE="30:1.0.1.8.29.18.64.26" TYPE="SECTION">
<HEAD>§ 56.19030   Safety device attachments.</HEAD>
<P>Safety device attachments to hoist ropes shall be selected, installed, and maintained according to manufacturers' specifications to minimize internal corrosion and weakening of the hoist rope.


</P>
</DIV8>

</DIV7>


<DIV7 N="65" NODE="30:1.0.1.8.29.18.65" TYPE="SUBJGRP">
<HEAD>Headframes and Sheaves</HEAD>


<DIV8 N="§ 56.19035" NODE="30:1.0.1.8.29.18.65.27" TYPE="SECTION">
<HEAD>§ 56.19035   Headframe design.</HEAD>
<P>All headframes shall be constructed with suitable design considerations to allow for all dead loads, live loads, and wind loads.


</P>
</DIV8>


<DIV8 N="§ 56.19036" NODE="30:1.0.1.8.29.18.65.28" TYPE="SECTION">
<HEAD>§ 56.19036   Headframe height.</HEAD>
<P>Headframes shall be high enough to provide clearance for overtravel and safe stopping of the conveyance.


</P>
</DIV8>


<DIV8 N="§ 56.19037" NODE="30:1.0.1.8.29.18.65.29" TYPE="SECTION">
<HEAD>§ 56.19037   Fleet angles.</HEAD>
<P>Fleet angles on hoists installed after November 15, 1979, shall not be greater than one and one-half degrees for smooth drums or two degrees for grooved drums.


</P>
</DIV8>


<DIV8 N="§ 56.19038" NODE="30:1.0.1.8.29.18.65.30" TYPE="SECTION">
<HEAD>§ 56.19038   Platforms around elevated head sheaves.</HEAD>
<P>Platforms with toeboards and handrails shall be provided around elevated head sheaves.


</P>
</DIV8>

</DIV7>


<DIV7 N="66" NODE="30:1.0.1.8.29.18.66" TYPE="SUBJGRP">
<HEAD>Conveyances</HEAD>


<DIV8 N="§ 56.19045" NODE="30:1.0.1.8.29.18.66.31" TYPE="SECTION">
<HEAD>§ 56.19045   Metal bonnets.</HEAD>
<P>Man cages and skips used for hoisting or lowering employees or other persons in any vertical shaft or any incline-shaft with an angle of inclination of forty-five degrees from the horizontal, shall be covered with a metal bonnet.


</P>
</DIV8>


<DIV8 N="§ 56.19049" NODE="30:1.0.1.8.29.18.66.32" TYPE="SECTION">
<HEAD>§ 56.19049   Hoisting persons in buckets.</HEAD>
<P>Buckets shall not be used to hoist persons except during shaft sinking operations, inspection, maintenance, and repairs.


</P>
</DIV8>


<DIV8 N="§ 56.19050" NODE="30:1.0.1.8.29.18.66.33" TYPE="SECTION">
<HEAD>§ 56.19050   Bucket requirements.</HEAD>
<P>Buckets used to hoist persons during vertical shaft sinking operations shall—
</P>
<P>(a) Be securely attached to a crosshead when traveling in either direction between the lower and upper crosshead parking locations;
</P>
<P>(b) Have overhead protection when the shaft depth exceeds 50 feet;
</P>
<P>(c) Have sufficient depth or a suitably designed platform to transport persons safely in a standing position; and
</P>
<P>(d) Have devices to prevent accidental dumping where the bucket is supported by a bail attached to its lower half.


</P>
</DIV8>


<DIV8 N="§ 56.19054" NODE="30:1.0.1.8.29.18.66.34" TYPE="SECTION">
<HEAD>§ 56.19054   Rope guides.</HEAD>
<P>Where rope guides are used in shafts other than in shaft sinking operations, the rope guides shall be a type of lock coil construction.


</P>
</DIV8>

</DIV7>


<DIV7 N="67" NODE="30:1.0.1.8.29.18.67" TYPE="SUBJGRP">
<HEAD>Hoisting Procedures</HEAD>


<DIV8 N="§ 56.19055" NODE="30:1.0.1.8.29.18.67.35" TYPE="SECTION">
<HEAD>§ 56.19055   Availability of hoist operator for manual hoists.</HEAD>
<P>When a manually operated hoist is used, a qualified hoistman shall remain within hearing of the telephone or signal device at all times while any person is underground. 


</P>
</DIV8>


<DIV8 N="§ 56.19056" NODE="30:1.0.1.8.29.18.67.36" TYPE="SECTION">
<HEAD>§ 56.19056   Availability of hoist operator for automatic hoists.</HEAD>
<P>When automatic hoisting is used, a competent operator of the hoist shall be readily available at or near the hoisting device while any person is underground.


</P>
</DIV8>


<DIV8 N="§ 56.19057" NODE="30:1.0.1.8.29.18.67.37" TYPE="SECTION">
<HEAD>§ 56.19057   Hoist operator's physical fitness.</HEAD>
<P>No person shall operate a hoist unless within the preceding 12 months he has had a medical examination by a qualified, licensed physician who shall certify his fitness to perform this duty. Such certification shall be available at the mine.


</P>
</DIV8>


<DIV8 N="§ 56.19058" NODE="30:1.0.1.8.29.18.67.38" TYPE="SECTION">
<HEAD>§ 56.19058   Experienced hoist operators.</HEAD>
<P>Only experienced hoistmen shall operate the hoist except in cases of emergency and in the training of new hoistmen.


</P>
</DIV8>


<DIV8 N="§ 56.19061" NODE="30:1.0.1.8.29.18.67.39" TYPE="SECTION">
<HEAD>§ 56.19061   Maximum hoisting speeds.</HEAD>
<P>The safe speed for hoisting persons shall be determined for each shaft, and this speed shall not be exceeded. Persons should not be hoisted at a speed faster than 2,500 feet per minute, except in an emergency. 


</P>
</DIV8>


<DIV8 N="§ 56.19062" NODE="30:1.0.1.8.29.18.67.40" TYPE="SECTION">
<HEAD>§ 56.19062   Maximum acceleration and deceleration.</HEAD>
<P>Maximum normal operating acceleration and deceleration shall not exceed 6 feet per second per second. During emergency braking, the deceleration shall not exceed 16 feet per second per second.


</P>
</DIV8>


<DIV8 N="§ 56.19063" NODE="30:1.0.1.8.29.18.67.41" TYPE="SECTION">
<HEAD>§ 56.19063   Persons allowed in hoist room.</HEAD>
<P>Only authorized persons shall be in hoist rooms.


</P>
</DIV8>


<DIV8 N="§ 56.19065" NODE="30:1.0.1.8.29.18.67.42" TYPE="SECTION">
<HEAD>§ 56.19065   Lowering conveyances by the brakes.</HEAD>
<P>Conveyances shall not be lowered by the brakes alone except during emergencies.


</P>
</DIV8>


<DIV8 N="§ 56.19066" NODE="30:1.0.1.8.29.18.67.43" TYPE="SECTION">
<HEAD>§ 56.19066   Maximum riders in a conveyance.</HEAD>
<P>In shafts inclined over 45 degrees, the operator shall determine and post in the conveyance or at each shaft station the maximum number of persons permitted to ride in a hoisting conveyance at any one time. Each person shall be provided a minimum of 1.5 square feet of floor space.


</P>
</DIV8>


<DIV8 N="§ 56.19067" NODE="30:1.0.1.8.29.18.67.44" TYPE="SECTION">
<HEAD>§ 56.19067   Trips during shift changes.</HEAD>
<P>During shift changes, an authorized person shall be in charge of each trip in which persons are hoisted.


</P>
</DIV8>


<DIV8 N="§ 56.19068" NODE="30:1.0.1.8.29.18.67.45" TYPE="SECTION">
<HEAD>§ 56.19068   Orderly conduct in conveyances.</HEAD>
<P>Persons shall enter, ride, and leave conveyances in an orderly manner.


</P>
</DIV8>


<DIV8 N="§ 56.19069" NODE="30:1.0.1.8.29.18.67.46" TYPE="SECTION">
<HEAD>§ 56.19069   Entering and leaving conveyances.</HEAD>
<P>Persons shall not enter or leave conveyances which are in motion or after a signal to move the conveyance has been given to the hoistman.


</P>
</DIV8>


<DIV8 N="§ 56.19070" NODE="30:1.0.1.8.29.18.67.47" TYPE="SECTION">
<HEAD>§ 56.19070   Closing cage doors or gates.</HEAD>
<P>Cage doors or gates shall be closed while persons are being hoisted; they shall not be opened until the cage has come to a stop.


</P>
</DIV8>


<DIV8 N="§ 56.19071" NODE="30:1.0.1.8.29.18.67.48" TYPE="SECTION">
<HEAD>§ 56.19071   Riding in skips or buckets.</HEAD>
<P>Persons shall not ride in skips or buckets with muck, supplies, materials, or tools other than small hand tools.


</P>
</DIV8>


<DIV8 N="§ 56.19072" NODE="30:1.0.1.8.29.18.67.49" TYPE="SECTION">
<HEAD>§ 56.19072   Skips and cages in same compartment.</HEAD>
<P>When combinations of cages and skips are used in the same compartment, the cages shall be enclosed to protect personnel from flying material and the hoist speed reduced to man-speed as defined in standard 56.19061, but not to exceed 1,000 feet per minute. Muck shall not be hoisted with personnel during shift changes. 


</P>
</DIV8>


<DIV8 N="§ 56.19073" NODE="30:1.0.1.8.29.18.67.50" TYPE="SECTION">
<HEAD>§ 56.19073   Hoisting during shift changes.</HEAD>
<P>Rock or supplies shall not be hoisted in the same shaft as persons during shift changes, unless the compartments and dumping bins are partitioned to prevent spillage into the cage compartment.


</P>
</DIV8>


<DIV8 N="§ 56.19074" NODE="30:1.0.1.8.29.18.67.51" TYPE="SECTION">
<HEAD>§ 56.19074   Riding the bail, rim, bonnet, or crosshead.</HEAD>
<P>Persons shall not ride the bail, rim, bonnet, or crosshead of any shaft conveyance except when necessary for inspection and maintenance, and then only when suitable protection for persons is provided.


</P>
</DIV8>


<DIV8 N="§ 56.19075" NODE="30:1.0.1.8.29.18.67.52" TYPE="SECTION">
<HEAD>§ 56.19075   Use of open hooks.</HEAD>
<P>Open hooks shall not be used to hoist buckets or other conveyances.


</P>
</DIV8>


<DIV8 N="§ 56.19076" NODE="30:1.0.1.8.29.18.67.53" TYPE="SECTION">
<HEAD>§ 56.19076   Maximum speeds for hoisting persons in buckets.</HEAD>
<P>When persons are hoisted in buckets, speeds shall not exceed 500 feet per minute and shall not exceed 200 feet per minute when within 100 feet of the intended station.


</P>
</DIV8>


<DIV8 N="§ 56.19077" NODE="30:1.0.1.8.29.18.67.54" TYPE="SECTION">
<HEAD>§ 56.19077   Lowering buckets.</HEAD>
<P>Buckets shall be stopped about 15 feet from the shaft bottom to await a signal from one of the crew on the bottom for further lowering.


</P>
</DIV8>


<DIV8 N="§ 56.19078" NODE="30:1.0.1.8.29.18.67.55" TYPE="SECTION">
<HEAD>§ 56.19078   Hoisting buckets from the shaft bottom.</HEAD>
<P>All buckets shall be stopped after being raised about 3 feet above the shaft bottom. A bucket shall be stabilized before a hoisting signal is given to continue hoisting the bucket to the crosshead. After a hoisting signal is given, hoisting to the crosshead shall be at a minimum speed. The signaling device shall be attended constantly until a bucket reaches the guides. When persons are hoisted, the signaling devices shall be attended until the crosshead has been engaged.


</P>
</DIV8>


<DIV8 N="§ 56.19079" NODE="30:1.0.1.8.29.18.67.56" TYPE="SECTION">
<HEAD>§ 56.19079   Blocking mine cars.</HEAD>
<P>Where mine cars are hoisted by cage or skip, means for blocking cars shall be provided at all landings and also on the cage.


</P>
</DIV8>


<DIV8 N="§ 56.19080" NODE="30:1.0.1.8.29.18.67.57" TYPE="SECTION">
<HEAD>§ 56.19080   Hoisting tools, timbers, and other materials.</HEAD>
<P>When tools, timbers, or other materials are being lowered or raised in a shaft by means of a bucket, skip, or cage, they shall be secured or so placed that they will not strike the sides of the shaft.


</P>
</DIV8>


<DIV8 N="§ 56.19081" NODE="30:1.0.1.8.29.18.67.58" TYPE="SECTION">
<HEAD>§ 56.19081   Conveyances not in use.</HEAD>
<P>When conveyances controlled by a hoist operator are not in use, they shall be released and the conveyances shall be raised or lowered a suitable distance to prevent persons from boarding or loading the conveyances.


</P>
</DIV8>


<DIV8 N="§ 56.19083" NODE="30:1.0.1.8.29.18.67.59" TYPE="SECTION">
<HEAD>§ 56.19083   Overtravel backout device.</HEAD>
<P>A manually operated device shall be installed on each electric hoist that will allow the conveyance or counterbalance to be removed from an over-travel position. Such device shall not release the brake, or brakes, holding the overtravelled conveyance or counterbalance until sufficient drive motor torque has been developed to assure movement of the conveyance or counterbalance in the correct direction only.


</P>
</DIV8>

</DIV7>


<DIV7 N="68" NODE="30:1.0.1.8.29.18.68" TYPE="SUBJGRP">
<HEAD>Signaling</HEAD>


<DIV8 N="§ 56.19090" NODE="30:1.0.1.8.29.18.68.60" TYPE="SECTION">
<HEAD>§ 56.19090   Dual signaling systems.</HEAD>
<P>There shall be at least two effective approved methods of signaling between each of the shaft stations and the hoist room, one of which shall be a telephone or speaking tube.


</P>
</DIV8>


<DIV8 N="§ 56.19091" NODE="30:1.0.1.8.29.18.68.61" TYPE="SECTION">
<HEAD>§ 56.19091   Signaling instructions to hoist operator.</HEAD>
<P>Hoist operators shall accept hoisting instructions only by the regular signaling system unless it is out of order. In such an event, and during other emergencies, the hoist operator shall accept instructions to direct movement of the conveyances only from authorized persons.


</P>
</DIV8>


<DIV8 N="§ 56.19092" NODE="30:1.0.1.8.29.18.68.62" TYPE="SECTION">
<HEAD>§ 56.19092   Signaling from conveyances.</HEAD>
<P>A method shall be provided to signal the hoist operator from cages or other conveyances at any point in the shaft.


</P>
</DIV8>


<DIV8 N="§ 56.19093" NODE="30:1.0.1.8.29.18.68.63" TYPE="SECTION">
<HEAD>§ 56.19093   Standard signal code.</HEAD>
<P>A standard code of hoisting signals shall be adopted and used at each mine. The movement of a shaft conveyance on a “one bell” signal is prohibited. 


</P>
</DIV8>


<DIV8 N="§ 56.19094" NODE="30:1.0.1.8.29.18.68.64" TYPE="SECTION">
<HEAD>§ 56.19094   Posting signal code.</HEAD>
<P>A legible signal code shall be posted prominently in the hoist house within easy view of the hoistman, and at each place where signals are given or received.


</P>
</DIV8>


<DIV8 N="§ 56.19095" NODE="30:1.0.1.8.29.18.68.65" TYPE="SECTION">
<HEAD>§ 56.19095   Location of signal devices.</HEAD>
<P>Hoisting signal devices shall be positioned within easy reach of persons on the shaft bottom or constantly attended by a person stationed on the lower deck of the sinking platform.


</P>
</DIV8>


<DIV8 N="§ 56.19096" NODE="30:1.0.1.8.29.18.68.66" TYPE="SECTION">
<HEAD>§ 56.19096   Familiarity with signal code.</HEAD>
<P>Any person responsible for receiving or giving signals for cages, skips, and mantrips when persons or materials are being transported shall be familiar with the posted signaling code.


</P>
</DIV8>

</DIV7>


<DIV7 N="69" NODE="30:1.0.1.8.29.18.69" TYPE="SUBJGRP">
<HEAD>Shafts</HEAD>


<DIV8 N="§ 56.19100" NODE="30:1.0.1.8.29.18.69.67" TYPE="SECTION">
<HEAD>§ 56.19100   Shaft landing gates.</HEAD>
<P>Shaft landings shall be equipped with substantial safety gates so constructed that materials will not go through or under them; gates shall be closed except when loading or unloading shaft conveyances.


</P>
</DIV8>


<DIV8 N="§ 56.19101" NODE="30:1.0.1.8.29.18.69.68" TYPE="SECTION">
<HEAD>§ 56.19101   Stopblocks and derail switches.</HEAD>
<P>Positive stopblocks or a derail switch shall be installed on all tracks leading to a shaft collar or landing.


</P>
</DIV8>


<DIV8 N="§ 56.19102" NODE="30:1.0.1.8.29.18.69.69" TYPE="SECTION">
<HEAD>§ 56.19102   Shaft guides.</HEAD>
<P>A means shall be provided to guide the movement of a shaft conveyance.


</P>
</DIV8>


<DIV8 N="§ 56.19103" NODE="30:1.0.1.8.29.18.69.70" TYPE="SECTION">
<HEAD>§ 56.19103   Dumping facilities and loading pockets.</HEAD>
<P>Dumping facilities and loading pockets shall be constructed so as to minimize spillage into the shaft.


</P>
</DIV8>


<DIV8 N="§ 56.19104" NODE="30:1.0.1.8.29.18.69.71" TYPE="SECTION">
<HEAD>§ 56.19104   Clearance at shaft stations.</HEAD>
<P>Suitable clearance at shaft stations shall be provided to allow safe movement of persons, equipment, and materials.


</P>
</DIV8>


<DIV8 N="§ 56.19105" NODE="30:1.0.1.8.29.18.69.72" TYPE="SECTION">
<HEAD>§ 56.19105   Landings with more than one shaft entrance.</HEAD>
<P>A safe means of passage around open shaft compartments shall be provided on landings with more than one entrance to the shaft.


</P>
</DIV8>


<DIV8 N="§ 56.19106" NODE="30:1.0.1.8.29.18.69.73" TYPE="SECTION">
<HEAD>§ 56.19106   Shaft sets.</HEAD>
<P>Shaft sets shall be kept in good repair and clean of hazardous material.


</P>
</DIV8>


<DIV8 N="§ 56.19107" NODE="30:1.0.1.8.29.18.69.74" TYPE="SECTION">
<HEAD>§ 56.19107   Precautions for work in compartment affected by hoisting operation.</HEAD>
<P>Hoistmen shall be informed when persons are working in a compartment affected by that hoisting operation and a “Men Working in Shaft” sign shall be posted at the hoist.


</P>
</DIV8>


<DIV8 N="§ 56.19108" NODE="30:1.0.1.8.29.18.69.75" TYPE="SECTION">
<HEAD>§ 56.19108   Posting warning signs during shaft work.</HEAD>
<P>When persons are working in a shaft “Men Working in Shaft” signs shall be posted at all devices controlling hoisting operations that may endanger such persons.


</P>
</DIV8>


<DIV8 N="§ 56.19109" NODE="30:1.0.1.8.29.18.69.76" TYPE="SECTION">
<HEAD>§ 56.19109   Shaft inspection and repair.</HEAD>
<P>Shaft inspection and repair work in vertical shafts shall be performed from substantial platforms equipped with bonnets or equivalent overhead protection.


</P>
</DIV8>


<DIV8 N="§ 56.19110" NODE="30:1.0.1.8.29.18.69.77" TYPE="SECTION">
<HEAD>§ 56.19110   Overhead protection for shaft deepening work.</HEAD>
<P>A substantial bulkhead or equivalent protection shall be provided above persons at work deepening a shaft.


</P>
</DIV8>


<DIV8 N="§ 56.19111" NODE="30:1.0.1.8.29.18.69.78" TYPE="SECTION">
<HEAD>§ 56.19111   Shaft-sinking ladders.</HEAD>
<P>Substantial fixed ladders shall be provided from the collar to as near the shaft bottom as practical during shaft-sinking operations, or an escape hoist powered by an emergency power source shall be provided. When persons are on the shaft bottom, a chain ladder, wire rope ladder, or other extension ladders shall be used from the fixed ladder or lower limit of the escape hoist to the shaft bottom.


</P>
</DIV8>

</DIV7>


<DIV7 N="70" NODE="30:1.0.1.8.29.18.70" TYPE="SUBJGRP">
<HEAD>Inspection and Maintenance</HEAD>


<DIV8 N="§ 56.19120" NODE="30:1.0.1.8.29.18.70.79" TYPE="SECTION">
<HEAD>§ 56.19120   Procedures for inspection, testing, and maintenance.</HEAD>
<P>A systematic procedure of inspection, testing, and maintenance of shafts and hoisting equipment shall be developed and followed. If it is found or suspected that any part is not functioning properly, the hoist shall not be used until the malfunction has been located and repaired or adjustments have been made.


</P>
</DIV8>


<DIV8 N="§ 56.19121" NODE="30:1.0.1.8.29.18.70.80" TYPE="SECTION">
<HEAD>§ 56.19121   Recordkeeping.</HEAD>
<P>At the time of completion, the person performing inspections, tests, and maintenance of hoisting equipment required in standard 56.19120 shall certify, by signature and date, that they have been done. A record of any part that is not functioning properly shall be made and dated. Certifications and records shall be retained for one year.
</P>
<SECAUTH TYPE="N">(Sec. 101, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[50 FR 4054, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 56.19122" NODE="30:1.0.1.8.29.18.70.81" TYPE="SECTION">
<HEAD>§ 56.19122   Replacement parts.</HEAD>
<P>Parts used to repair hoists shall have properties that will ensure the proper and safe function of the hoist.


</P>
</DIV8>


<DIV8 N="§ 56.19129" NODE="30:1.0.1.8.29.18.70.82" TYPE="SECTION">
<HEAD>§ 56.19129   Examinations and tests at beginning of shift.</HEAD>
<P>Hoistmen shall examine their hoists and shall test overtravel, deadman controls, position indicators, and braking mechanisms at the beginning of each shift.


</P>
</DIV8>


<DIV8 N="§ 56.19130" NODE="30:1.0.1.8.29.18.70.83" TYPE="SECTION">
<HEAD>§ 56.19130   Conveyance shaft test.</HEAD>
<P>Before hoisting persons and to assure that the hoisting compartments are clear of obstructions, empty hoist conveyances shall be operated at least one round trip after:
</P>
<P>(a) Any hoist or shaft repairs or related equipment repairs that might restrict or obstruct conveyance clearance;
</P>
<P>(b) Any oversize or overweight material or equipment trips that might restrict or obstruct conveyance clearance;
</P>
<P>(c) Blasting in or near the shaft that might restrict or obstruct conveyance clearance; or
</P>
<P>(d) Remaining idle for one shift or longer. 


</P>
</DIV8>


<DIV8 N="§ 56.19131" NODE="30:1.0.1.8.29.18.70.84" TYPE="SECTION">
<HEAD>§ 56.19131   Hoist conveyance connections.</HEAD>
<P>Hoist conveyance connections shall be inspected at least once during any 24-hour period that the conveyance is used for hoisting persons.


</P>
</DIV8>


<DIV8 N="§ 56.19132" NODE="30:1.0.1.8.29.18.70.85" TYPE="SECTION">
<HEAD>§ 56.19132   Safety catches.</HEAD>
<P>(a) A performance drop test of hoist conveyance safety catches shall be made at the time of installation, or prior to installation, in a mockup of the actual installation. The test shall be certified to in writing by the manufacturer or by a registered professional engineer performing the test.
</P>
<P>(b) After installation and before use, and at the beginning of any seven day period during which the conveyance is to be used, the conveyance shall be suitably rested and the hoist rope slackened to test for the unrestricted functioning of the safety catches and their activating mechanisms.
</P>
<P>(c) The safety catches shall be inspected by a competent person at the beginning of any 24-hour period that the conveyance is to be used.


</P>
</DIV8>


<DIV8 N="§ 56.19133" NODE="30:1.0.1.8.29.18.70.86" TYPE="SECTION">
<HEAD>§ 56.19133   Shaft.</HEAD>
<P>Shafts that have not been inspected within the past 7 days shall not be used until an inspection has been conducted by a competent person.


</P>
</DIV8>


<DIV8 N="§ 56.19134" NODE="30:1.0.1.8.29.18.70.87" TYPE="SECTION">
<HEAD>§ 56.19134   Sheaves.</HEAD>
<P>Sheaves in operating shafts shall be inspected weekly and kept properly lubricated.


</P>
</DIV8>


<DIV8 N="§ 56.19135" NODE="30:1.0.1.8.29.18.70.88" TYPE="SECTION">
<HEAD>§ 56.19135   Rollers in inclined shafts.</HEAD>
<P>Rollers used in operating inclined shafts shall be lubricated, properly aligned, and kept in good repair.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="S" NODE="30:1.0.1.8.29.19" TYPE="SUBPART">
<HEAD>Subpart S—Miscellaneous</HEAD>


<DIV8 N="§ 56.20001" NODE="30:1.0.1.8.29.19.71.1" TYPE="SECTION">
<HEAD>§ 56.20001   Intoxicating beverages and narcotics.</HEAD>
<P>Intoxicating beverages and narcotics shall not be permitted or used in or around mines. Persons under the influence of alcohol or narcotics shall not be permitted on the job. 


</P>
</DIV8>


<DIV8 N="§ 56.20002" NODE="30:1.0.1.8.29.19.71.2" TYPE="SECTION">
<HEAD>§ 56.20002   Potable water.</HEAD>
<P>(a) An adequate supply of potable drinking water shall be provided at all active working areas.
</P>
<P>(b) The common drinking cup and containers from which drinking water must be dipped or poured are prohibited. 
</P>
<P>(c) Where single service cups are supplied, a sanitary container for unused cups and a receptacle for used cups shall be provided. 
</P>
<P>(d) When water is cooled by ice, the ice shall either be of potable water or shall not come in contact with the water.
</P>
<P>(e) Potable water outlets shall be posted.
</P>
<P>(f) Potable water systems shall be constructed to prevent backflow or backsiphonage of non-potable water.


</P>
</DIV8>


<DIV8 N="§ 56.20003" NODE="30:1.0.1.8.29.19.71.3" TYPE="SECTION">
<HEAD>§ 56.20003   Housekeeping.</HEAD>
<P>At all mining operations—
</P>
<P>(a) Workplaces, passageways, storerooms, and service rooms shall be kept clean and orderly;
</P>
<P>(b) The floor of every workplace shall be maintained in a clean and, so far as possible, dry condition. Where wet processes are used, drainage shall be maintained, and false floors, platforms, mats, or other dry standing places shall be provided where practicable; and 
</P>
<P>(c) Every floor, working place, and passageway shall be kept free from protruding nails, splinters, holes, or loose boards, as practicable.


</P>
</DIV8>


<DIV8 N="§ 56.20005" NODE="30:1.0.1.8.29.19.71.4" TYPE="SECTION">
<HEAD>§ 56.20005   Carbon tetrachloride.</HEAD>
<P>Carbon tetrachloride shall not be used.


</P>
</DIV8>


<DIV8 N="§ 56.20008" NODE="30:1.0.1.8.29.19.71.5" TYPE="SECTION">
<HEAD>§ 56.20008   Toilet facilities.</HEAD>
<P>(a) Toilet facilities shall be provided at locations that are compatible with the mine operations and that are readily accessible to mine personnel. 
</P>
<P>(b) The facilities shall be kept clean and sanitary. Separate toilet facilities shall be provided for each sex except where toilet rooms will be occupied by no more than one person at a time and can be locked from the inside.


</P>
</DIV8>


<DIV8 N="§ 56.20009" NODE="30:1.0.1.8.29.19.71.6" TYPE="SECTION">
<HEAD>§ 56.20009   Tests for explosive dusts.</HEAD>
<P>Dusts suspected of being explosive shall be tested for explosibility. If tests prove positive, appropriate control measures shall be taken.


</P>
</DIV8>


<DIV8 N="§ 56.20010" NODE="30:1.0.1.8.29.19.71.7" TYPE="SECTION">
<HEAD>§ 56.20010   Retaining dams.</HEAD>
<P>If failure of a water or silt retaining dam will create a hazard, it shall be of substantial construction and inspected at regular intervals.


</P>
</DIV8>


<DIV8 N="§ 56.20011" NODE="30:1.0.1.8.29.19.71.8" TYPE="SECTION">
<HEAD>§ 56.20011   Barricades and warning signs.</HEAD>
<P>Areas where health or safety hazards exist that are not immediately obvious to employees shall be barricaded, or warning signs shall be posted at all approaches. Warning signs shall be readily visible, legible, and display the nature of the hazard and any protective action required.


</P>
</DIV8>


<DIV8 N="§ 56.20013" NODE="30:1.0.1.8.29.19.71.9" TYPE="SECTION">
<HEAD>§ 56.20013   Waste receptacles.</HEAD>
<P>Receptacles with covers shall be provided at suitable locations and used for the disposal of waste food and associated materials. They shall be emptied frequently and shall be maintained in a clean and sanitary condition.


</P>
</DIV8>


<DIV8 N="§ 56.20014" NODE="30:1.0.1.8.29.19.71.10" TYPE="SECTION">
<HEAD>§ 56.20014   Prohibited areas for food and beverages.</HEAD>
<P>No person shall be allowed to consume or store food or beverages in a toilet room or in any area exposed to a toxic material. 




</P>
</DIV8>

</DIV6>


<DIV6 N="T" NODE="30:1.0.1.8.29.20" TYPE="SUBPART">
<HEAD>Subpart T—Safety Program for Surface Mobile Equipment</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 87926, Dec. 20, 2023, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 56.23000" NODE="30:1.0.1.8.29.20.71.1" TYPE="SECTION">
<HEAD>§ 56.23000   Purpose and scope.</HEAD>
<P>This subpart requires operators to develop, implement, and update a written safety program for surface mobile equipment to reduce the number and rates of accidents, injuries, and fatalities. This subpart applies to surface mobile equipment at surface metal and nonmetal mines. The purpose of this safety program is to promote and support a positive safety culture and improve miners' safety at the mine.




</P>
</DIV8>


<DIV8 N="§ 56.23001" NODE="30:1.0.1.8.29.20.71.2" TYPE="SECTION">
<HEAD>§ 56.23001   Definitions.</HEAD>
<P>The following definitions apply in this subpart—
</P>
<P><I>Responsible person</I> means a person with authority and responsibility to evaluate and update a written safety program for surface mobile equipment.
</P>
<P><I>Surface mobile equipment</I> means wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved, and any powered equipment that transports people, equipment, or materials, excluding belt conveyors, at surface metal and nonmetal mines.




</P>
</DIV8>


<DIV8 N="§ 56.23002" NODE="30:1.0.1.8.29.20.71.3" TYPE="SECTION">
<HEAD>§ 56.23002   Written safety program.</HEAD>
<P>(a) Each operator shall develop and implement a written safety program for surface mobile equipment that contains the elements in this subpart, no later than July 17, 2024.
</P>
<P>(b) Each operator shall designate at least one responsible person to evaluate and update the written safety program, no later than July 17, 2024.




</P>
</DIV8>


<DIV8 N="§ 56.23003" NODE="30:1.0.1.8.29.20.71.4" TYPE="SECTION">
<HEAD>§ 56.23003   Requirements for written safety program.</HEAD>
<P>(a) The operator shall develop and implement a written safety program that includes actions the operator will take to:
</P>
<P>(1) Identify and analyze hazards and reduce the resulting risks related to the movement and the operation of surface mobile equipment;
</P>
<P>(2) Develop and maintain procedures and schedules for routine maintenance and non-routine repairs for surface mobile equipment;
</P>
<P>(3) Identify currently available and newly emerging feasible technologies that can enhance safety at the mine and evaluate whether to adopt them; and
</P>
<P>(4) Train miners and other persons at the mine necessary to perform work to identify and address or avoid hazards related to surface mobile equipment.
</P>
<P>(b) The responsible person shall evaluate and update the written safety program at least annually, or as mining conditions or practices change that may adversely affect the health and safety of miners or other persons, as accidents or injuries occur, or as surface mobile equipment changes or modifications are made.
</P>
<P>(c) The operator shall solicit input from miners and their representatives in developing and updating the written safety program.




</P>
</DIV8>


<DIV8 N="§ 56.23004" NODE="30:1.0.1.8.29.20.71.5" TYPE="SECTION">
<HEAD>§ 56.23004   Record and inspection.</HEAD>
<P>(a) The operator shall make the written safety program available for inspection by authorized representatives of the Secretary and provide a copy upon request.
</P>
<P>(b) The operator shall make the written safety program available for inspection by miners and their representatives and, at no cost, provide a copy upon request.




</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="57" NODE="30:1.0.1.8.30" TYPE="PART">
<HEAD>PART 57—SAFETY AND HEALTH STANDARDS—UNDERGROUND METAL AND NONMETAL MINES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>50 FR 4082, Jan. 29, 1985, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.8.30.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 57.1" NODE="30:1.0.1.8.30.1.141.1" TYPE="SECTION">
<HEAD>§ 57.1   Purpose and scope.</HEAD>
<P>This part 57 sets forth mandatory safety and health standards for each underground metal or nonmetal mine, including related surface operations, subject to the Federal Mine Safety and Health Act of 1977. The purpose of these standards is the protection of life, the promotion of health and safety, and the prevention of accidents.


</P>
</DIV8>


<DIV8 N="§ 57.2" NODE="30:1.0.1.8.30.1.141.2" TYPE="SECTION">
<HEAD>§ 57.2   Definitions.</HEAD>
<P>The following definitions apply to this part. In addition definitions contained in any subpart of part 57 apply in that subpart. If inconsistent with the general definitions in this section, the definition in the subpart will apply in that subpart:
</P>
<P><I>Abandoned areas</I> means areas in which work has been completed, no further work is planned, and travel is not permitted.
</P>
<P><I>Abandoned mine</I> means all work has stopped on the mine premises and an office with a responsible person in charge is no longer maintained at the mine.
</P>
<P><I>Abandoned workings</I> means deserted mine areas in which further work is not intended.
</P>
<P><I>Active workings</I> means areas at, in, or around a mine or plant where men work or travel.
</P>
<P><I>American Table of Distances</I> means the current edition of “The American Table of Distances for Storage of Explosives” published by the Institute of Makers of Explosives.
</P>
<P><I>Approved</I> means tested and accepted for a specific purpose by a nationally recognized agency.
</P>
<P><I>Attended</I> means presence of an individual or continuous monitoring to prevent unauthorized entry or access. In addition, areas containing explosive material at underground areas of a mine can be considered attended when all access to the underground areas of the mine is secured from unauthorized entry. Vertical shafts shall be considered secure. Inclined shafts or adits shall be considered secure when locked at the surface.
</P>
<P><I>Authorized person</I> means a person approved or assigned by mine management to perform a specific type of duty or duties or to be at a specific location or locations in the mine.
</P>
<P><I>Auxilary fan</I> means a fan used to deliver air to a working place off the main airstream; generally used with ventilation tubing.
</P>
<P><I>Barricaded</I> means obstructed to prevent the passage of persons, vehicles, or flying materials.
</P>
<P><I>Barrier</I> means a material object, or objects that separates, keeps apart, or demarcates in a conspicuous manner such as cones, a warning sign, or tape.
</P>
<P><I>Berm</I> means a pile or mound of material along an elevated roadway capable of moderating or limiting the force of a vehicle in order to impede the vehicle's passage over the bank of the roadway.
</P>
<P><I>Blast area</I> means the area in which concussion (shock wave), flying material, or gases from an explosion may cause injury to persons. In determining the blast area, the following factors, shall be considered:
</P>
<P>(1) Geology or material to be blasted.
</P>
<P>(2) Blast pattern.
</P>
<P>(3) Burden, depth, diameter, and angle of the holes.
</P>
<P>(4) Blasting experience of the mine.
</P>
<P>(5) Delay system, powder factor, and pounds per delay.
</P>
<P>(6) Type and amount of explosive material.
</P>
<P>(7) Type and amount of stemming.
</P>
<P><I>Blast site</I> means the area where explosive material is handled during loading, including the perimeter formed by the loaded blastholes and 50 feet (15.2 meters) in all directions from loaded holes. A minimum distance of 30 feet (9.1 meters) may replace the 50-foot (15.2-meter) requirement if the perimeter of loaded holes is demarcated with a barrier. The 50-foot (15.2-meter) and alternative 30-foot (9.1-meter) requirements also apply in all directions along the full depth of the hole. In underground mines, at least 15 feet (4.6 meters) of solid rib, pillar, or broken rock can be substituted for the 50-foot (15.2-meter) distance. In underground mines utilizing a block-caving system or similar system, at least 6 feet (1.8 meters) of solid rib or pillar, including concrete reinforcement of at least 10 inches (254 millimeters), with overall dimensions of not less than 6 feet (1.8 meters) may be substituted for the 50-foot (15.2-meter) distance requirement.
</P>
<P><I>Blasting agent</I> means any substance classified as a blasting agent by the Department of Transportation in 49 CFR 173.114(a) (44 FR 31182, May 31, 1979) which is incorporated by reference. This document is available for inspection at each Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration, and may be obtained from the U.S. Government Printing Office, Washington, DC 20402.
</P>
<P><I>Blasting area</I> means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury.
</P>
<P><I>Blasting cap</I> means a detonator which is initiated by a safety fuse.
</P>
<P><I>Blasting circuit</I> means the electrical circuit used to fire one or more electric blasting caps.
</P>
<P><I>Blasting</I> switch means a switch used to connect a power source to a blasting circuit.
</P>
<P><I>Blowout</I> means a sudden, violent, release of gas or liquid due to the reservoir pressure in a petroleum mine.
</P>
<P><I>Booster</I> means any unit of explosive or blasting agent used for the purpose of perpetuating or intensifying an initial detonation.
</P>
<P><I>Booster fan</I> means a fan installed in the main airstream or a split of the main airstream to increase airflow through a section or sections of a mine.
</P>
<P><I>Capped fuse</I> means a length of safety fuse to which a blasting cap has been attached.
</P>
<P><I>Capped primer</I> means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator.
</P>
<P><I>Circuit breaker</I> means a device designed to open and close a circuit by nonautomatic means and to open the circuit automatically on a predetermined overcurrent setting without injury to itself when properly applied within its rating.
</P>
<P><I>Combustible</I> means capable of being ignited and consumed by fire.
</P>
<P><I>Combustible material</I> means a material that, in the form in which it is used and under the conditions anticipated, will ignite, burn, support combustion or release flammable vapors when subjected to fire or heat. Wood, paper, rubber, and plastics are examples of combustible materials.
</P>
<P><I>Company official</I> means a member of the company supervisory or technical staff.
</P>
<P><I>Competent person</I> means a person having abilities and experience that fully qualify him to perform the duty to which he is assigned.
</P>
<P><I>Conductor</I> means a material, usually in the form of a wire, cable, or bus bar, capable of carrying an electric current.
</P>
<P><I>Delay connector</I> means a nonelectric short interval delay device for use in delaying blasts which are initiated by detonating cord.
</P>
<P><I>Detonating cord</I> means a flexible cord containing a solid core of high explosives.
</P>
<P><I>Detonator</I> means any device containing a detonating charge that is used to initiate an explosive and includes but is not limited to blasting caps, electric blasting caps and non-electric instantaneous or delay blasting caps.
</P>
<P><I>Distribution box</I> means a portable apparatus with an enclosure through which an electric circuit is carried to one or more cables from a single incoming feed line; each cable circuit being connected through individual overcurrent protective devices.
</P>
<P><I>Electric blasting cap</I> means a detonator designed for and capable of being initiated by means of an electric current.
</P>
<P><I>Electrical grounding</I> means to connect with the ground to make the earth part of the circuit.
</P>
<P><I>Employee</I> means a person who works for wages or salary in the service of an employer.
</P>
<P><I>Employer</I> means a person or organization which hires one or more persons to work for wages or salary.
</P>
<P><I>Emulsion</I> means an explosive material containing substantial amounts of oxidizers dissolved in water droplets, surrounded by an immiscible fuel.
</P>
<P><I>Escapeway</I> means a passageway by which persons may leave a mine.
</P>
<P><I>Explosive</I> means any substance classified as an explosive by the Department of Transportation in 49 CFR 173.53, 173.88 and 173.100 which are incorporated by reference. Title 49 CFR is available for inspection at each Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration, and may be obtained from the U.S. Government Printing Office, Washington, DC 20402.
</P>
<P><I>Face or bank</I> means that part of any mine where excavating is progressing or was last done.
</P>
<P><I>Fire resistance rating</I> means the time, in minutes or hours, that an assembly of materials will retain its protective characteristics or structural integrity upon exposure to fire.
</P>
<P><I>Flame spread rating</I> means the numerical designation that indicates the extent flame will spread over the surface of a material during a specified period of time.
</P>
<P><I>Flammable</I> means capable of being easily ignited and of burning rapidly.
</P>
<P><I>Flammable gas</I> means a gas that will burn in the normal concentrations of oxygen in the air.
</P>
<P><I>Flammable liquid</I> a liquid that has a flash point below 100 °F (37.8 °C), a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 °F (37.8 °C), and is known as a Class I liquid.
</P>
<P><I>Flash point</I> means the minimum temperature at which sufficient vapor is released by a liquid or solid to form a flammable vapor-air mixture at atmospheric pressure.
</P>
<P><I>Geological area</I> means an area characterized by the presence of the same ore bodies, the same stratigraphic sequence of beds, or the same ore-bearing geological formation.
</P>
<P><I>Highway</I> means any public street, public alley or public road.
</P>
<P><I>High potential</I> means more than 650 volts.
</P>
<P><I>Hoist</I> means a power driven windlass or drum used for raising ore, rock, or other material from a mine, and for lowering or raising persons and material.
</P>
<P><I>Igniter cord</I> means a fuse, cordlike in appearance, which burns progressively along its length with an external flame at the zone of burning, and is used for lighting a series of safety fuses in the desired sequence.
</P>
<P><I>Insulated</I> means separated from other conducting surfaces by a dielectric substance permanently offering a high resistance to the passage of current and to disruptive discharge through the substance. When any substance is said to be insulated, it is understood to be insulated in a manner suitable for the conditions to which it is subjected. Otherwise, it is, within the purpose of this definition, uninsulated. Insulating covering is one means for making the conductor insulated.
</P>
<P><I>Insulation</I> means a dielectric substance offering a high resistance to the passage of current and to a disruptive discharge through the substance.
</P>
<P><I>Laminated partition</I> means a partition composed of the following material and minimum nominal dimensions: 
<FR>1/2</FR>-inch-thick plywood, 
<FR>1/2</FR>-inch-thick gypsum wallboard, 
<FR>1/8</FR>-inch-thick low carbon steel, and 
<FR>1/4</FR>-inch-thick plywood, bonded together in that order (IME-22 Box). A laminated partition also includes alternative construction materials described in the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; <I>https://www.ime.org.</I> This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P><I>Lay</I> means the distance parallel to the axis of the rope in which a strand makes one complete turn about the axis of the rope.
</P>
<P><I>Loading</I> means placing explosive material either in a blasthole or against the material to be blasted.
</P>
<P><I>Low potential</I> means 650 volts or less.
</P>
<P><I>Magazine</I> means a facility for the storage of explosives, blasting agents, or detonators.
</P>
<P><I>Main fan</I> means a fan that controls the entire airflow of the mine, or the airflow of one of the major air circuits.
</P>
<P><I>Major electrical installation</I> means an assemblage of stationary electrical equipment for the generation, transmission, distribution, or conversion of electrical power.
</P>
<P><I>Mantrip</I> means a trip on which persons are transported to and from a work area.
</P>
<P><I>Mill</I> includes any ore mill, sampling works, concentrator, and any crushing, grinding, or screening plant used at, and in connection with, an excavation or mine.
</P>
<P><I>Mine atmosphere</I> means any point at least 12 inches away from the back, face, rib, and floor in any mine; and additionally, in a Category IV mine, at least 3 feet laterally away from the collar of a borehole which releases gas into a mine.
</P>
<P><I>Mine opening</I> means any opening or entrance from the surface into a mine.
</P>
<P><I>Misfire</I> means the complete or partial failure of a blasting charge to explode as planned.
</P>
<P><I>Mobile equipment</I> means wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved.
</P>
<P><I>Multipurpose dry-chemical fire extinguisher</I> means an extinguisher having a rating of at least 2-A:10-B:C and containing a nominal 4.5 pounds or more of dry-chemical agent.
</P>
<P><I>Noncombustible material</I> means a material that, in the form in which it is used and under the conditions anticipated, will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat. Concrete, masonry block, brick, and steel are examples of noncombustible materials.
</P>
<P><I>Non-electric delay blasting cap</I> means a detonator with an integral delay element and capable of being initiated by miniaturized detonating cord.
</P>
<P><I>Outburst</I> means the sudden, violent release of solids and high-pressure occluded gases, including methane in a domal salt mine.
</P>
<P><I>Overburden</I> means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined.
</P>
<P><I>Overload</I> means that current which will cause an excessive or dangerous temperature in the conductor or conductor insulation.
</P>
<P><I>Permissible</I> means a machine, material, apparatus, or device which has been investigated, tested, and approved by the Bureau of Mines or the Mine Safety and Health Administration, and is maintained in permissible condition.
</P>
<P><I>Potable water</I> means water which shall meet the applicable minimum health requirements for drinking water established by the State or community in which the mine is located or by the Environmental Protection Agency in 40 CFR part 141, pages 169-182 revised as of July 1, 1977. Where no such requirements are applicable, the drinking water provided shall conform with the Public Health Service Drinking Water Standards, 42 CFR part 72, subpart J, pages 527-533, revised as of October 1, 1976. Publications to which references are made in this definition are hereby made a part hereof. These incorporated publications are available for inspection at each Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration.
</P>
<P><I>Powder chest</I> means a substantial, nonconductive portable container equipped with a lid and used at blasting sites for explosives other than blasting agents.
</P>
<P><I>Primer</I> means a unit, package, or cartridge of explosives used to initiate other explosives or blasting agents, and which contains a detonator.
</P>
<P><I>Reverse-current protection</I> means a method or device used on direct-current circuits or equipment to prevent the flow of current in a reverse direction.
</P>
<P><I>Rock burst</I> means a sudden and violent failure of overstressed rock resulting in the instantaneous release of large amounts of accumulated energy. Rock burst does not include a burst resulting from pressurized mine gases.
</P>
<P><I>Rock fixture</I> means any tensioned or nontensioned device or material inserted into the ground to strengthen or support the ground.
</P>
<P><I>Roll protection</I> means a framework, safety canopy or similar protection for the operator when equipment overturns.
</P>
<P><I>Safety can</I> means an approved container, of not over 5 gallons capacity, having a spring-closing lid and spout cover.
</P>
<P><I>Safety fuse</I> means a flexible cord containing an internal burning medium by which fire is conveyed at a continuous and uniform rate for the purpose of firing blasting caps or a black powder charge.
</P>
<P><I>Safety switch</I> means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area.
</P>
<P><I>Scaling</I> means removal of insecure material from a face or highwall.
</P>
<P><I>Secondary safety connection</I> means a second connection between a conveyance and rope, intended to prevent the conveyance from running away or falling in the event the primary connection fails.
</P>
<P><I>Shaft</I> means a vertical or inclined shaft, a slope, incline, or winze.
</P>
<P><I>Short circuit</I> means an abnormal connection of relatively low resistance, whether made accidentally or intentionally, between two points of difference potential in a circuit.
</P>
<P><I>Slurry</I> (as applied to blasting). See “Water gel.”
</P>
<P><I>Storage facility</I> means the entire class of structures used to store explosive materials. A “storage facility” used to store blasting agents corresponds to a BATF Type 4 or 5 storage facility.
</P>
<P><I>Storage tank</I> means a container exceeding 60 gallons in capacity used for the storage of flammable or combustible liquids.
</P>
<P><I>Stray current</I> means that portion of a total electric current that flows through paths other than the intended circuit.
</P>
<P><I>Substantial construction</I> means construction of such strength, material, and workmanship that the object will withstand all reasonable shock, wear, and usage to which it will be subjected.
</P>
<P><I>Suitable</I> means that which fits, and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.
</P>
<P><I>Travelway</I> means a passage, walk or way regularly used and designated for persons to go from one place to another.
</P>
<P><I>Water gel or Slurry</I> (as applied to blasting) means an explosive or blasting agent containing substantial portions of water.
</P>
<P><I>Wet drilling</I> means the continuous application of water through the central hole of hollow drill steel to the bottom of the drill hole.
</P>
<P><I>Working level</I> (WL) means any combination of the short-lived radon daughters in one liter of air that will result in ultimate emission of 1.3 × 10
<SU>5</SU> MeV (million electron volts) of potential alpha energy, and exposure to these radon daughters over a period of time is expressed in terms of “working level months” (WLM). Inhalation of air containing a radon daughter concentration of 1 WL for 173 hours results in an exposure of 1 WLM.”
</P>
<P><I>Working place</I> means any place in or about a mine where work is being performed.
</P>
<CITA TYPE="N">[69 FR 38840, June 29, 2004, as amended at 80 FR 52987, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV7 N="141" NODE="30:1.0.1.8.30.1.141" TYPE="SUBJGRP">
<HEAD>Procedures</HEAD>


<DIV8 N="§ 57.1000" NODE="30:1.0.1.8.30.1.141.3" TYPE="SECTION">
<HEAD>§ 57.1000   Notification of commencement of operations and closing of mines.</HEAD>
<P>The owner, operator, or person in charge of any metal and nonmetal mine shall notify the nearest MSHA Metal and Nonmental Mine Safety and Health district office before starting operations, of the approximate or actual date mine operation will commence. The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent. When any mine is closed, the person in charge shall notify the nearest district office as provided above and indicate whether the closure is temporary or permanent. 
</P>
<CITA TYPE="N">[51 FR 36198, Oct. 8, 1986, as amended at 60 FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.8.30.2" TYPE="SUBPART">
<HEAD>Subpart B—Ground Control</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>51 FR 36198, Oct. 8, 1986, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 57.3000" NODE="30:1.0.1.8.30.2.142.1" TYPE="SECTION">
<HEAD>§ 57.3000   Definitions.</HEAD>
<P>The following definitions apply in this subpart. 
</P>
<P><I>Travelway.</I> A passage, walk, or haulageway regularly used or designated for persons to go from one place to another. 
</P>
<CITA TYPE="N">[51 FR 36198, Oct. 8, 1986, as amended at 69 FR 38842, June 29, 2004]


</CITA>
</DIV8>


<DIV7 N="142" NODE="30:1.0.1.8.30.2.142" TYPE="SUBJGRP">
<HEAD>Scaling and Support—Surface and Underground</HEAD>


<DIV8 N="§ 57.3200" NODE="30:1.0.1.8.30.2.142.2" TYPE="SECTION">
<HEAD>§ 57.3200   Correction of hazardous conditions.</HEAD>
<P>Ground conditions that create a hazard to persons shall be taken down or supported before other work or travel is permitted in the affected area. Until corrective work is completed, the area shall be posted with a warning against entry and, when left unattended, a barrier shall be installed to impede unauthorized entry. 


</P>
</DIV8>


<DIV8 N="§ 57.3201" NODE="30:1.0.1.8.30.2.142.3" TYPE="SECTION">
<HEAD>§ 57.3201   Location for performing scaling.</HEAD>
<P>Scaling shall be performed from a location which will not expose persons to injury from falling material, or other protection from falling material shall be provided. 


</P>
</DIV8>


<DIV8 N="§ 57.3202" NODE="30:1.0.1.8.30.2.142.4" TYPE="SECTION">
<HEAD>§ 57.3202   Scaling tools.</HEAD>
<P>Where manual scaling is performed, a scaling bar shall be provided. This bar shall be of a length and design that will allow the removal of loose material without exposing the person performing the work to injury. 


</P>
</DIV8>


<DIV8 N="§ 57.3203" NODE="30:1.0.1.8.30.2.142.5" TYPE="SECTION">
<HEAD>§ 57.3203   Rock fixtures.</HEAD>
<P>(a) For rock bolts and accessories addressed in ASTM F432-95, “Standard Specification for Roof and Rock Bolts and Accessories,” the mine operator shall—
</P>
<P>(1) Obtain a manufacturer's certification that the material was manufactured and tested in accordance with the specifications of ASTM F432-95; and
</P>
<P>(2) Make this certification available to an authorized representative of the Secretary and to the representative of miners.
</P>
<P>(b) Fixtures and accessories not addressed in ASTM F432-95 may be used for ground support provided they—
</P>
<P>(1) Have been successful in supporting the ground in an area with similar strata, opening dimensions and ground stresses in any mine; or 
</P>
<P>(2) Have been tested and shown to be effective in supporting ground in an area of the affected mine which has similar strata, opening dimensions, and ground stresses as the area where the fixtures are expected to be used. During the test process, access to the test area shall be limited to persons necessary to conduct the test. 
</P>
<P>(c) Bearing plates shall be used with fixtures when necessary for effective ground support.
</P>
<P>(d) The diameter of finishing bits shall be within a tolerance of plus or minus 0.030 inch of the manufacturer's recommended hole diameter for the anchor used. When separate finishing bits are used, they shall be distinguishable from other bits.
</P>
<P>(e) Damaged or deteriorated cartridges of grouting material shall not be used.
</P>
<P>(f) When rock bolts tensioned by torquing are used as a means of ground support,
</P>
<P>(1) Selected tension level shall be—
</P>
<P>(i) At least 50 percent of either the yield point of the bolt or anchorage capacity of the rock, whichever is less; and
</P>
<P>(ii) No greater than the yield point of the bolt or anchorage capacity of the rock.
</P>
<P>(2) The torque of the first bolt, every tenth bolt, and the last bolt installed in each work area during the shift shall be accurately determined immediately after installation. If the torque of any fixture tested does not fall within the installation torque range, corrective action shall be taken.
</P>
<P>(g) When grouted fixtures can be tested by applying torque, the first fixture installed in each work place shall be tested to withstand 150 foot-pounds of torque. Should it rotate in the hole, a second fixture shall be tested in the same manner. If the second fixture also turns, corrective action shall be taken.
</P>
<P>(h) When other tensioned and nontensioned fixtures are used, test methods shall be established and used to verify their effectiveness.
</P>
<P>(i) The mine operator shall certify that tests were conducted and make the certification available to an authorized representative of the Secretary.
</P>
<CITA TYPE="N">[51 FR 36198, Oct. 8, 1986, as amended at 51 FR 36804, Oct. 16, 1986; 63 FR 20030, Apr. 22, 1998]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="143" NODE="30:1.0.1.8.30.2.143" TYPE="SUBJGRP">
<HEAD>Scaling and Support—Underground Only</HEAD>


<DIV8 N="§ 57.3360" NODE="30:1.0.1.8.30.2.143.6" TYPE="SECTION">
<HEAD>§ 57.3360   Ground support use.</HEAD>
<P>Ground support shall be used where ground conditions, or mining experience in similar ground conditions in the mine, indicate that it is necessary. When ground support is necessary, the support system shall be designed, installed, and maintained to control the ground in places where persons work or travel in performing their assigned tasks. Damaged, loosened, or dislodged timber use for ground support which creates a hazard to persons shall be repaired or replaced prior to any work or travel in the affected area.


</P>
</DIV8>

</DIV7>


<DIV7 N="144" NODE="30:1.0.1.8.30.2.144" TYPE="SUBJGRP">
<HEAD>Precautions—Surface and Underground</HEAD>


<DIV8 N="§ 57.3400" NODE="30:1.0.1.8.30.2.144.7" TYPE="SECTION">
<HEAD>§ 57.3400   Secondary breakage.</HEAD>
<P>Prior to secondary breakage operations, the material to be broken, other than hanging material, shall be positioned or blocked to prevent movement which would endanger persons in the work area. Secondary breakage shall be performed from a location which would not expose persons to danger.


</P>
</DIV8>


<DIV8 N="§ 57.3401" NODE="30:1.0.1.8.30.2.144.8" TYPE="SECTION">
<HEAD>§ 57.3401   Examination of ground conditions.</HEAD>
<P>Persons experienced in examining and testing for loose ground shall be designated by the mine operator. Appropriate supervisors or other designated persons shall examine and, where applicable, test ground conditions in areas where work is to be performed, prior to work commencing, after blasting, and as ground conditions warrant during the work shift. Underground haulageways and travelways and surface area highwalls and banks adjoining travelways shall be examined weekly or more often if changing ground conditions warrant.


</P>
</DIV8>

</DIV7>


<DIV7 N="145" NODE="30:1.0.1.8.30.2.145" TYPE="SUBJGRP">
<HEAD>Precautions—Surface Only</HEAD>


<DIV8 N="§ 57.3430" NODE="30:1.0.1.8.30.2.145.9" TYPE="SECTION">
<HEAD>§ 57.3430   Activity between machinery or equipment and the highwall or bank.</HEAD>
<P>Persons shall not work or travel between machinery or equipment and the highwall or bank where the machinery or equipment may hinder escape from falls or slides of the highwall or bank. Travel is permitted when necessary for persons to dismount.


</P>
</DIV8>

</DIV7>


<DIV7 N="146" NODE="30:1.0.1.8.30.2.146" TYPE="SUBJGRP">
<HEAD>Precautions—Underground Only</HEAD>


<DIV8 N="§ 57.3460" NODE="30:1.0.1.8.30.2.146.10" TYPE="SECTION">
<HEAD>§ 57.3460   Maintenance between machinery or equipment and ribs.</HEAD>
<P>Persons shall not perform maintenance work between machinery or equipment and ribs unless the area has been tested and, when necessary, secured.


</P>
</DIV8>


<DIV8 N="§ 57.3461" NODE="30:1.0.1.8.30.2.146.11" TYPE="SECTION">
<HEAD>§ 57.3461   Rock bursts.</HEAD>
<P>(a) Operators of mines which have experienced a rock burst shall—
</P>
<P>(1) Within twenty four hours report to the nearest MSHA office each rock burst which:
</P>
<P>(i) Causes persons to be withdrawn;
</P>
<P>(ii) Impairs ventilation;
</P>
<P>(iii) Impedes passage; or
</P>
<P>(iv) Disrupts mining activity for more than one hour.
</P>
<P>(2) Develop and implement a rock burst control plan within 90 days after a rock burst has been experienced.
</P>
<P>(b) The plan shall include—
</P>
<P>(1) Mining and operating procedures designed to reduce the occurrence of rock bursts;
</P>
<P>(2) Monitoring procedures where detection methods are used; and 
</P>
<P>(3) Other measures to minimize exposure of persons to areas which are prone to rock bursts.
</P>
<P>(c) The plan shall be updated as conditions warrant.
</P>
<P>(d) The plan shall be available to an authorized representative of the Secretary and to miners or their representatives.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.8.30.3" TYPE="SUBPART">
<HEAD>Subpart C—Fire Prevention and Control</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).


</PSPACE></AUTH>

<DIV8 N="§ 57.4000" NODE="30:1.0.1.8.30.3.147.1" TYPE="SECTION">
<HEAD>§ 57.4000   Definitions.</HEAD>
<P>The following definitions apply in this subpart.
</P>
<P><I>Combustible liquids.</I> Liquids having a flash point at or above 100 °F (37.8 °C). They are divided into the following classes:
</P>
<EXTRACT>
<FP-1>Class II liquids—those having flash points at or above 100 °F (37.8 °C) and below 140 °F (60 °C).
</FP-1>
<FP-1>Class IIIA liquids—those having flash points at or above 140 °F (60 °C) and below 200 °F (93.4 °C).
</FP-1>
<FP-1>Class IIIB liquids—those having flash points at or above 200 °F (93.4 °C).</FP-1></EXTRACT>
<P><I>Escapeway.</I> A designated passageway by which persons can leave an underground mine.
</P>
<P><I>Flash point.</I> The minimum temperature at which sufficient vapor is released by a liquid to form a flammable vapor-air mixture near the surface of the liquid.
</P>
<P><I>Main fan.</I> A fan that controls the entire airflow of an underground mine or the airflow of one of the major air circuits of the mine.
</P>
<P><I>Mine opening.</I> Any opening or entrance from the surface into an underground mine.
</P>
<P><I>Safety can.</I> A container of not over five gallons capacity that is designed to safely relieve internal pressure when exposed to heat and has a spring-closing lid and spout cover.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 68 FR 32361, May 30, 2003; 69 FR 38842, June 29, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 57.4011" NODE="30:1.0.1.8.30.3.147.2" TYPE="SECTION">
<HEAD>§ 57.4011   Abandoned electric circuits.</HEAD>
<P>Abandoned electric circuits shall be deenergized and isolated so that they cannot become energized inadvertently.


</P>
</DIV8>


<DIV8 N="§ 57.4057" NODE="30:1.0.1.8.30.3.147.3" TYPE="SECTION">
<HEAD>§ 57.4057   Underground trailing cables.</HEAD>
<P>Underground trailing cables shall be accepted or approved by MSHA as flame resistant.
</P>
<CITA TYPE="N">[57 FR 61223, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV7 N="147" NODE="30:1.0.1.8.30.3.147" TYPE="SUBJGRP">
<HEAD>Prohibitions/Precautions/Housekeeping</HEAD>


<DIV8 N="§ 57.4100" NODE="30:1.0.1.8.30.3.147.4" TYPE="SECTION">
<HEAD>§ 57.4100   Smoking and use of open flames.</HEAD>
<P>No person shall smoke or use an open flame where flammable or combustible liquids, including greases, or flammable gases are—
</P>
<P>(a) Used or transported in a manner that could create a fire hazard; or
</P>
<P>(b) Stored or handled.


</P>
</DIV8>


<DIV8 N="§ 57.4101" NODE="30:1.0.1.8.30.3.147.5" TYPE="SECTION">
<HEAD>§ 57.4101   Warning signs.</HEAD>
<P>Readily visible signs prohibiting smoking and open flames shall be posted where a fire or explosion hazard exists.


</P>
</DIV8>


<DIV8 N="§ 57.4102" NODE="30:1.0.1.8.30.3.147.6" TYPE="SECTION">
<HEAD>§ 57.4102   Spillage and leakage.</HEAD>
<P>Flammable or combustible liquid spillage or leakage shall be removed in a timely manner or controlled to prevent a fire hazard.


</P>
</DIV8>


<DIV8 N="§ 57.4103" NODE="30:1.0.1.8.30.3.147.7" TYPE="SECTION">
<HEAD>§ 57.4103   Fueling internal combustion engines.</HEAD>
<P>Internal combustion engines shall be switched off before refueling if the fuel tanks are integral parts of the equipment. This standard does not apply to diesel-powered equipment.


</P>
</DIV8>


<DIV8 N="§ 57.4104" NODE="30:1.0.1.8.30.3.147.8" TYPE="SECTION">
<HEAD>§ 57.4104   Combustible waste.</HEAD>
<P>(a) Waste materials, including liquids, shall not accumulate in quantities that could create a fire hazard.
</P>
<P>(b) Waste or rags containing flammable or combustible liquids that could create a fire hazard shall be placed in the following containers until disposed of properly:
</P>
<P>(1) Underground—covered metal containers.
</P>
<P>(2) On the surface—covered metal containers or equivalent containers with flame containment characteristics.


</P>
</DIV8>


<DIV8 N="§ 57.4130" NODE="30:1.0.1.8.30.3.147.9" TYPE="SECTION">
<HEAD>§ 57.4130   Surface electric substations and liquid storage facilities.</HEAD>
<P>The requirements of this standard apply to surface areas only.
</P>
<P>(a) If a hazard to persons could be created, no combustible materials shall be stored or allowed to accumulate within 25 feet of the following:
</P>
<P>(1) Electric substations.
</P>
<P>(2) Unburied, flammable or combustible liquid storage tanks.
</P>
<P>(3) Any group of containers used for storage of more than 60 gallons of flammable or combustible liquids.
</P>
<P>(b) The area within the 25-foot perimeter shall be kept free of dry vegetation.


</P>
</DIV8>


<DIV8 N="§ 57.4131" NODE="30:1.0.1.8.30.3.147.10" TYPE="SECTION">
<HEAD>§ 57.4131   Surface fan installations and mine openings.</HEAD>
<P>(a) On the surface, no more than one day's supply of combustible materials shall be stored within 100 feet of mine openings or within 100 feet of fan installations used for underground ventilation.
</P>
<P>(b) the one-day supply shall be kept at least 25 feet away from any mine opening except during transit into the mine.
</P>
<P>(c) Dry vegetation shall not be permitted within 25 feet of mine openings. 


</P>
</DIV8>


<DIV8 N="§ 57.4160" NODE="30:1.0.1.8.30.3.147.11" TYPE="SECTION">
<HEAD>§ 57.4160   Underground electric substations and liquid storage facilities.</HEAD>
<P>The requirements of this standard apply to underground areas only.
</P>
<P>(a) Areas within 25 feet of the following shall be free of combustible materials:
</P>
<P>(1) Electric substations.
</P>
<P>(2) Unburied, combustible liquid storage tanks.
</P>
<P>(3) Any group of containers used for storage of more than 60 gallons of combustible liquids.
</P>
<P>(b) This standard does not apply to installed wiring or timber that is coated with at least one inch of shotcrete, one-half inch of gunite, or other noncombustible materials with equivalent fire protection characteristics.


</P>
</DIV8>


<DIV8 N="§ 57.4161" NODE="30:1.0.1.8.30.3.147.12" TYPE="SECTION">
<HEAD>§ 57.4161   Use of fire underground.</HEAD>
<P>Fires shall not be lit underground, except for open-flame torches. Torches shall be attended at all times while lit.


</P>
</DIV8>

</DIV7>


<DIV7 N="148" NODE="30:1.0.1.8.30.3.148" TYPE="SUBJGRP">
<HEAD>Firefighting Equipment</HEAD>


<DIV8 N="§ 57.4200" NODE="30:1.0.1.8.30.3.148.13" TYPE="SECTION">
<HEAD>§ 57.4200   General requirements.</HEAD>
<P>(a) For fighting fires that could endanger persons, each mine shall have—
</P>
<P>(1) Onsite firefighting equipment for fighting fires in their early stages; and
</P>
<P>(2) Onsite firefighting equipment for fighting fires beyond their early stages, or the mine shall have made prior arrangements with a local fire department to fight such fires.
</P>
<P>(b) This onsite firefighting equipment shall be—
</P>
<P>(1) Of the type, size, and quantity that can extinguish fires of any class which would occur as a result of the hazards present; and
</P>
<P>(2) Strategically located, readily accessible, plainly marked, and maintained in fire-ready condition.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]


</CITA>
</DIV8>


<DIV8 N="§ 57.4201" NODE="30:1.0.1.8.30.3.148.14" TYPE="SECTION">
<HEAD>§ 57.4201   Inspection.</HEAD>
<P>(a) Firefighting equipment shall be inspected according to the following schedules:
</P>
<P>(1) Fire extinguishers shall be inspected visually at least once a month to determine that they are fully charged and operable.
</P>
<P>(2) At least once every twelve months, maintenance checks shall be made of mechanical parts, the amount and condition of extinguishing agent and expellant, and the condition of the hose, nozzle, and vessel to determine that the fire extinguishers will operate effectively.
</P>
<P>(3) Fire extinguishers shall be hydrostatically tested according to Table C-1 or a schedule based on the manufacturer's specifications to determine the integrity of extinguishing agent vessels.
</P>
<P>(4) Water pipes, valves, outlets, hydrants, and hoses that are part of the mine's firefighting system shall be visually inspected at least once every three months for damage or deterioration and use-tested at least once every twelve months to determine that they remain functional.
</P>
<P>(5) Fire suppression systems shall be inspected at least once every twelve months. An inspection schedule based on the manufacturer's specifications or the equivalent shall be established for individual components of a system and followed to determine that the system remains functional. Surface fire suppression systems are exempt from these inspection requirements if the systems are used solely for the protection of property and no persons would be affected by a fire.
</P>
<P>(b) At the completion of each inspection or test required by this standard, the person making the inspection or test shall certify that the inspection or test has been made and the date on which it was made. Certifications of hydrostatic testing shall be retained until the fire extinguisher is retested or permanently removed from service. Other certifications shall be retained for one year.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table C-1—Hydrostatic Test Intervals for Fire Extinguishers
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Extinguisher type
</TH><TH class="gpotbl_colhed" scope="col">Test interval (years)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Soda Acid</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Cartridge-Operated Water and/or Antifreeze</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Stored-Pressure Water and/or Antifreeze</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Wetting Agent</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Foam</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">AFFF (Aqueous Film Forming Foam)</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Loaded Stream</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Dry-Chemical with Stainless Steel Shells</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Carbon Dioxide</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Dry-Chemical, Stored Pressure, with Mild Steel Shells, Brazed Brass Shells, or Aluminum Shells</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Dry-Chemical, Cartridge or Cylinder Operated, with Mild Steel Shells</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Bromotrifluoromethane-Halon 1301</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Bromochlorodifluoromethane-Halon 1211</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Dry-Powder, Cartridge or Cylinder-Operated, with Mild Steel Shells 
<sup>1</sup></TD><TD align="right" class="gpotbl_cell">12
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Except for stainless steel and steel used for compressed gas cylinders, all other steel shells are defined as “mild steel” shells.</P></DIV></DIV>
</DIV8>


<DIV8 N="§ 57.4202" NODE="30:1.0.1.8.30.3.148.15" TYPE="SECTION">
<HEAD>§ 57.4202   Fire hydrants.</HEAD>
<P>If fire hydrants are part of the mine's firefighting system, the hydrants shall be provided with—
</P>
<P>(a) Uniform fittings or readily available adapters for onsite firefighting equipment;
</P>
<P>(b) Readily available wrenches or keys to open the valves; and
</P>
<P>(c) Readily available adapters capable of connecting hydrant fittings to the hose equipment of any firefighting organization relied upon by the mine.


</P>
</DIV8>


<DIV8 N="§ 57.4203" NODE="30:1.0.1.8.30.3.148.16" TYPE="SECTION">
<HEAD>§ 57.4203   Extinguisher recharging or replacement.</HEAD>
<P>Fire extinguishers shall be recharged or replaced with a fully charged extinguisher promptly after any discharge.


</P>
</DIV8>


<DIV8 N="§ 57.4230" NODE="30:1.0.1.8.30.3.148.17" TYPE="SECTION">
<HEAD>§ 57.4230   Surface self-propelled equipment.</HEAD>
<P>(a)(1) Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment.
</P>
<P>(2) Whenever a fire or its effects would not impede escape from the equipment but could affect the escape of other persons in the area, a fire extinguisher shall be on the equipment or within 100 feet of the equipment.
</P>
<P>(b) A fire suppression system may be used as an alternative to fire extinguishers if the system can be manually activated. 
</P>
<P>(c) Fire extinguishers or fire suppression systems shall be of a type and size that can extinguish fires of any class in their early stages which could originate from the equipment's inherent fire hazards. Fire extinguishers or manual actuators for the suppression system shall be located to permit their use by persons whose escape could be impeded by fire.


</P>
</DIV8>


<DIV8 N="§ 57.4260" NODE="30:1.0.1.8.30.3.148.18" TYPE="SECTION">
<HEAD>§ 57.4260   Underground self-propelled equipment.</HEAD>
<P>(a) Whenever self-propelled equipment is used underground, a fire extinguisher shall be on the equipment. This standard does not apply to compressed-air powered equipment without inherent fire hazards.
</P>
<P>(b) A fire suppression system may be used as an alternative to fire extinguishers if the system can be manually actuated.
</P>
<P>(c) Fire extinguishers or fire suppression systems shall be of a type and size that can extinguish fires of any class in their early stages which could originate from the equipment's inherent fire hazards. The fire extinguishers or the manual actuator for the suppression system shall be readily accessible to the equipment operator.


</P>
</DIV8>


<DIV8 N="§ 57.4261" NODE="30:1.0.1.8.30.3.148.19" TYPE="SECTION">
<HEAD>§ 57.4261   Shaft-station waterlines.</HEAD>
<P>Waterline outlets that are located at underground shaft stations and are part of the mine's fire protection system shall have at least one fitting located for, and capable of, immediate connection to firefighting equipment.


</P>
</DIV8>


<DIV8 N="§ 57.4262" NODE="30:1.0.1.8.30.3.148.20" TYPE="SECTION">
<HEAD>§ 57.4262   Underground transformer stations, combustible liquid storage and dispensing areas, pump rooms, compressor rooms, and hoist rooms.</HEAD>
<P>Transformer stations, storage and dispensing areas for combustible liquids, pump rooms, compressor rooms, and hoist rooms shall be provided with fire protection of a type, size, and quantity that can extinguish fires of any class in their early stages which could occur as a result of the hazards present.


</P>
</DIV8>


<DIV8 N="§ 57.4263" NODE="30:1.0.1.8.30.3.148.21" TYPE="SECTION">
<HEAD>§ 57.4263   Underground belt conveyors.</HEAD>
<P>Fire protection shall be provided at the head, tail, drive, and take-up pulleys of underground belt conveyors. Provisions shall be made for extinguishing fires along the beltline. Fire protection shall be of a type, size, and quantity that can extinguish fires of any class in their early stages which could occur as a result of the fire hazards present.


</P>
</DIV8>

</DIV7>


<DIV7 N="149" NODE="30:1.0.1.8.30.3.149" TYPE="SUBJGRP">
<HEAD>Firefighting Procedures/Alarms/Drills</HEAD>


<DIV8 N="§ 57.4330" NODE="30:1.0.1.8.30.3.149.22" TYPE="SECTION">
<HEAD>§ 57.4330   Surface firefighting, evacuation, and rescue procedures.</HEAD>
<P>(a) Mine operators shall establish emergency firefighting, evacuation, and rescue procedures for the surface portions of their operations. These procedures shall be coordinated in advance with available firefighting organizations.
</P>
<P>(b) Fire alarm procedures or systems shall be established to promptly warn every person who could be endangered by a fire.
</P>
<P>(c) Fire alarm systems shall be maintained in operable condition. 


</P>
</DIV8>


<DIV8 N="§ 57.4331" NODE="30:1.0.1.8.30.3.149.23" TYPE="SECTION">
<HEAD>§ 57.4331   Surface firefighting drills.</HEAD>
<P>Emergency firefighting drills shall be held at least once every six months for persons assigned surface firefighting responsibilities by the mine operator.


</P>
</DIV8>


<DIV8 N="§ 57.4360" NODE="30:1.0.1.8.30.3.149.24" TYPE="SECTION">
<HEAD>§ 57.4360   Underground alarm systems.</HEAD>
<P>(a) Fire alarm systems capable of promptly warning every person underground, except as provided in paragraph (b), shall be provided and maintained in operating condition.
</P>
<P>(b) If persons are assigned to work areas beyond the warning capabilities of the system, provisions shall be made to alert them in a manner to provide for their safe evacuation in the event of a fire.


</P>
</DIV8>


<DIV8 N="§ 57.4361" NODE="30:1.0.1.8.30.3.149.25" TYPE="SECTION">
<HEAD>§ 57.4361   Underground evacuation drills.</HEAD>
<P>(a) At least once every six months, mine evacuation drills shall be held to assess the ability of all persons underground to reach the surface or other designated points of safety within the time limits of the self-rescue devices that would be used during an actual emergency.
</P>
<P>(b) The evacuation drills shall—
</P>
<P>(1) Be held for each shift at some time other than a shift change and involve all persons underground;
</P>
<P>(2) Involve activation of the fire alarm system; and
</P>
<P>(3) Include evacuation of all persons from their work areas to the surface or to designated central evacuation points.
</P>
<P>(c) At the completion of each drill, the mine operator shall certify the date and the time the evacuation began and ended. Certifications shall be retained for at least one year after each drill.


</P>
</DIV8>


<DIV8 N="§ 57.4362" NODE="30:1.0.1.8.30.3.149.26" TYPE="SECTION">
<HEAD>§ 57.4362   Underground rescue and firefighting operations.</HEAD>
<P>Following evacuation of a mine in a fire emergency, only persons wearing and trained in the use of mine rescue apparatus shall participate in rescue and firefighting operations in advance of the fresh air base.


</P>
</DIV8>


<DIV8 N="§ 57.4363" NODE="30:1.0.1.8.30.3.149.27" TYPE="SECTION">
<HEAD>§ 57.4363   Underground evacuation instruction.</HEAD>
<P>(a) At least once every twelve months, all persons who work underground shall be instructed in the escape and evacuation plans and procedures and fire warning signals in effect at the mine.
</P>
<P>(b) Whenever a change is made in escape and evacuation plans and procedures for any area of the mine, all persons affected shall be instructed in the new plans or procedures.
</P>
<P>(c) Whenever persons are assigned to work in areas other than their regularly assigned areas, they shall be instructed about the escapeway for that area at the time of such assignment. However, persons who normally work in more than one area of the mine shall be instructed at least once every twelve months about the location of escapeways for all areas of the mine in which they normally work or travel.
</P>
<P>(d) At the completion of any instruction given under this standard, the mine operator shall certify the date that the instruction was given. Certifications shall be retained for at least one year.


</P>
</DIV8>

</DIV7>


<DIV7 N="150" NODE="30:1.0.1.8.30.3.150" TYPE="SUBJGRP">
<HEAD>Flammable and Combustible Liquids and Gases</HEAD>


<DIV8 N="§ 57.4400" NODE="30:1.0.1.8.30.3.150.28" TYPE="SECTION">
<HEAD>§ 57.4400   Use restrictions.</HEAD>
<P>(a) Flammable liquids shall not be used for cleaning.
</P>
<P>(b) Solvents shall not be used near an open flame or other ignition source, near any source of heat, or in an atmosphere that can elevate the temperature of the solvent above the flash point.


</P>
</DIV8>


<DIV8 N="§ 57.4401" NODE="30:1.0.1.8.30.3.150.29" TYPE="SECTION">
<HEAD>§ 57.4401   Storage tank foundations.</HEAD>
<P>Fixed, unburied, flammable or combustible liquid storage tanks shall be securely mounted on firm foundations. Piping shall be provided with flexible connections or other special fittings where necessary to prevent leaks caused by tanks settling.


</P>
</DIV8>


<DIV8 N="§ 57.4402" NODE="30:1.0.1.8.30.3.150.30" TYPE="SECTION">
<HEAD>§ 57.4402   Safety can use.</HEAD>
<P>Small quantities of flammable liquids drawn from storage shall be kept in safety cans labeled to indicate the contents.


</P>
</DIV8>


<DIV8 N="§ 57.4430" NODE="30:1.0.1.8.30.3.150.31" TYPE="SECTION">
<HEAD>§ 57.4430   Surface storage facilities.</HEAD>
<P>The requirements of this standard apply to surface areas only.
</P>
<P>(a) Storage tanks for flammable or combustible liquids shall be—
</P>
<P>(1) Capable of withstanding working pressures and stresses and compatible with the type of liquid stored;
</P>
<P>(2) Maintained in a manner that prevents leakage;
</P>
<P>(3) Isolated or separated from ignition sources to prevent fire or explosion; and
</P>
<P>(4) Vented or otherwise constructed to prevent development of pressure or vacuum as a result of filling, emptying, or atmospheric temperature changes. Vents for storage of Class I, II, or IIIA liquids shall be isolated or separated from ignition sources. These pressure relief requirements do not apply to tanks used for storage of Class IIIB liquids that are larger than 12,000 gallons in capacity.
</P>
<P>(b) All piping, valves, and fittings shall be—
</P>
<P>(1) Capable of withstanding working pressures and stresses; 
</P>
<P>(2) Compatible with the type of liquid stored; and
</P>
<P>(3) Maintained in a manner that prevents leakage. 
</P>
<P>(c) Fixed, unburied tanks located where escaping liquid could present a hazard to persons shall be provided with—
</P>
<P>(1) Containment for the entire capacity of the largest tank; or
</P>
<P>(2) Drainage to a remote impoundment area that does not endanger persons. However, storage of only Class IIIB liquids does not require containment or drainage to remote impoundment. 


</P>
</DIV8>


<DIV8 N="§ 57.4431" NODE="30:1.0.1.8.30.3.150.32" TYPE="SECTION">
<HEAD>§ 57.4431   Surface storage restrictions.</HEAD>
<P>(a) On the surface, no unburied flammable or combustible liquids or flammable gases shall be stored within 100 feet of the following: 
</P>
<P>(1) Mine openings or structures attached to mine openings.
</P>
<P>(2) Fan installations for underground ventilation.
</P>
<P>(3) Hoist houses.
</P>
<P>(b) Under this standard, the following may be present in the hoist house in quantities necessary for the day-to-day maintenance of the hoist machinery:
</P>
<P>(1) Flammable liquids in safety cans or in other containers placed in tightly closed cabinets. The safety cans and cabinets shall be kept away from any heat source, and each cabinet shall be labeled “flammables.” 
</P>
<P>(2) Combustible liquids in closed containers. The containers shall be kept away from any heat source and the hoist operator's work station. 


</P>
</DIV8>


<DIV8 N="§ 57.4460" NODE="30:1.0.1.8.30.3.150.33" TYPE="SECTION">
<HEAD>§ 57.4460   Storage of flammable liquids underground.</HEAD>
<P>(a) Flammable liquids shall not be stored underground, except—
</P>
<P>(1) Small quantities stored in tightly closed cabinets away from any heat source. The small quantities shall be stored in safety cans or in non-glass containers of a capacity equal to or less than a safety can. Each cabinet shall be labeled “flammables.” 
</P>
<P>(2) Acetylene and liquefied petroleum gases stored in containers designed for that specific purpose.
</P>
<P>(b) Gasoline shall not be stored underground in any quantity.


</P>
</DIV8>


<DIV8 N="§ 57.4461" NODE="30:1.0.1.8.30.3.150.34" TYPE="SECTION">
<HEAD>§ 57.4461   Gasoline use restrictions underground.</HEAD>
<P>If gasoline is used underground to power internal combustion engines—
</P>
<P>(a) The mine shall be nongassy and shall have multiple horizontal or inclined roadways from the surface large enough to accommodate vehicular traffic; 
</P>
<P>(b) All roadways and other openings shall connect with another opening every 100 feet by a passage large enough to accommodate any vehicle in the mine or alternate routes shall provide equivalent escape capabilities; and
</P>
<P>(c) No roadway or other opening shall be supported or lined with wood or other combustible materials. 


</P>
</DIV8>


<DIV8 N="§ 57.4462" NODE="30:1.0.1.8.30.3.150.35" TYPE="SECTION">
<HEAD>§ 57.4462   Storage of combustible liquids underground.</HEAD>
<P>The requirements of this standard apply to underground areas only.
</P>
<P>(a) Combustible liquids, including oil or grease, shall be stored in non-glass containers or storage tanks. The containers or storage tanks shall be—
</P>
<P>(1) Capable of withstanding working pressures and stresses and compatible with the type of liquid stored; 
</P>
<P>(2) Maintained in a manner that prevents leakage; 
</P>
<P>(3) Located in areas free of combustible materials or in areas where any exposed combustible materials are coated with one inch of shotcrete, one-half inch of gunite, or other noncombustible material with equivalent fire protection characteristics; and 
</P>
<P>(4) Separated from explosives or blasting agents, shaft stations, and ignition sources including electric equipment that could create sufficient heat or sparks to pose a fire hazard. Separation shall be sufficient to prevent the occurrence or minimize the spread of fire. 
</P>
<P>(b) Storage tanks shall be vented or otherwise constructed to prevent development of pressure or vacuum as a result of filling, emptying, or atmospheric temperature changes. Vents for storage of Class II or IIIA liquids shall be isolated or separated from ignition sources. 
</P>
<P>(c) At permanent storage areas for combustible liquids, means shall be provided for confinement or removal of the contents of the largest storage tank in the event of tank rupture. 
</P>
<P>(d) All piping, valves, and fittings shall be:
</P>
<P>(1) Capable of withstanding working pressures and stresses;
</P>
<P>(2) Compatible with the type of liquid stored; and
</P>
<P>(3) Maintained in a manner which prevents leakage.


</P>
</DIV8>


<DIV8 N="§ 57.4463" NODE="30:1.0.1.8.30.3.150.36" TYPE="SECTION">
<HEAD>§ 57.4463   Liquefied petroleum gas use underground.</HEAD>
<P>Use of liquefied petroleum gases underground shall be limited to maintenance work. 


</P>
</DIV8>

</DIV7>


<DIV7 N="151" NODE="30:1.0.1.8.30.3.151" TYPE="SUBJGRP">
<HEAD>Installation/Construction/Maintenance</HEAD>


<DIV8 N="§ 57.4500" NODE="30:1.0.1.8.30.3.151.37" TYPE="SECTION">
<HEAD>§ 57.4500   Heat sources.</HEAD>
<P>Heat sources capable of producing combustion shall be separated from combustible materials if a fire hazard could be created.


</P>
</DIV8>


<DIV8 N="§ 57.4501" NODE="30:1.0.1.8.30.3.151.38" TYPE="SECTION">
<HEAD>§ 57.4501   Fuel lines.</HEAD>
<P>Fuel lines shall be equipped with valves capable of stopping the flow of fuel at the source and shall be located and maintained to minimize fire hazards. This standard does not apply to fuel lines on self-propelled equipment.


</P>
</DIV8>


<DIV8 N="§ 57.4502" NODE="30:1.0.1.8.30.3.151.39" TYPE="SECTION">
<HEAD>§ 57.4502   Battery-charging stations.</HEAD>
<P>(a) Battery-charging stations shall be ventilated with a sufficient volume of air to prevent the accumulation of hydrogen gas.
</P>
<P>(b) Smoking, use of open flames, or other activities that could create an ignition source shall be prohibited at the battery charging station during battery charging.
</P>
<P>(c) Readily visible signs prohibiting smoking or open flames shall be posted at battery-charging stations during battery charging.


</P>
</DIV8>


<DIV8 N="§ 57.4503" NODE="30:1.0.1.8.30.3.151.40" TYPE="SECTION">
<HEAD>§ 57.4503   Conveyor belt slippage.</HEAD>
<P>(a) Surface belt conveyors within confined areas where evacuation would be restricted in the event of a fire resulting from belt-slippage shall be equipped with a detection system capable of automatically stopping the drive pulley. 
</P>
<P>(b) Underground belt conveyors shall be equipped with a detection system capable of automatically stopping the drive pulley if slippage could cause ignition of the belt. 
</P>
<P>(c) A person shall attend the belt at the drive pulley when it is necessary to operate the conveyor while temporarily bypassing the automatic function.


</P>
</DIV8>


<DIV8 N="§ 57.4504" NODE="30:1.0.1.8.30.3.151.41" TYPE="SECTION">
<HEAD>§ 57.4504   Fan installations.</HEAD>
<P>(a) Fan houses, fan bulkheads for main and booster fans, and air ducts connecting main fans to underground openings shall be constructed of noncombustible materials. 
</P>
<P>(b) Areas within 25 feet of main fans or booster fans shall be free of combustible materials, except installed wiring, ground and track support, headframes, and direct-fired heaters. Other timber shall be coated with one inch of shotcrete, one-half inch of gunite, or other noncombustible materials.


</P>
</DIV8>


<DIV8 N="§ 57.4505" NODE="30:1.0.1.8.30.3.151.42" TYPE="SECTION">
<HEAD>§ 57.4505   Fuel lines to underground areas.</HEAD>
<P>Fuel lines into underground storage or dispensing areas shall be drained at the completion of each transfer of fuel unless the following requirements are met:
</P>
<P>(a) The valve at the supply source shall be kept closed when fuel is not being transferred.
</P>
<P>(b) The fuel line shall be—
</P>
<P>(1) Capable of withstanding working pressures and stresses; 
</P>
<P>(2) Located to prevent damage; and
</P>
<P>(3) Located in areas free of combustible materials or in areas where any exposed combustible materials are coated with one inch of shotcrete, one-half inch of gunite, or other noncombustible material with equivalent fire protection characteristics. 
</P>
<P>(c) Provisions shall be made for control or containment of the entire volume of the fuel line so that leakage will not create a fire hazard.


</P>
</DIV8>


<DIV8 N="§ 57.4530" NODE="30:1.0.1.8.30.3.151.43" TYPE="SECTION">
<HEAD>§ 57.4530   Exits for surface buildings and structures.</HEAD>
<P>Surface buildings or structures in which persons work shall have a sufficient number of exits to permit prompt escape in case of fire.


</P>
</DIV8>


<DIV8 N="§ 57.4531" NODE="30:1.0.1.8.30.3.151.44" TYPE="SECTION">
<HEAD>§ 57.4531   Surface flammable or combustible liquid storage buildings or rooms.</HEAD>
<P>(a) Surface storage buildings or storage rooms in which flammable or combustible liquids, including grease, are stored and that are within 100 feet of any person's work station shall be ventilated with a sufficient volume of air to prevent the accumulation of flammable vapors.
</P>
<P>(b) In addition, the buildings or rooms shall be—
</P>
<P>(1) Constructed to meet a fire resistance rating of at least one hour; or
</P>
<P>(2) Equipped with an automatic fire suppression system; or
</P>
<P>(3) Equipped with an early warning fire detection device that will alert any person who could be endangered by a fire, provided that no person's work station is in the building.
</P>
<P>(c) Flammable or combustible liquids in use for day-to-day maintenance and operational activities are not considered in storage under this standard.


</P>
</DIV8>


<DIV8 N="§ 57.4532" NODE="30:1.0.1.8.30.3.151.45" TYPE="SECTION">
<HEAD>§ 57.4532   Blacksmith shops.</HEAD>
<XREF ID="20260625" REFID="37">Link to an amendment published at 91 FR 38280, June 25, 2026.</XREF>
<P>Blacksmith shops located on the surface shall be—
</P>
<P>(a) At least 100 feet from fan installations used for intake air and mine openings;
</P>
<P>(b) Equipped with exhaust vents over the forge and ventilated to prevent the accumulation of the products of combustion; and
</P>
<P>(c) Inspected for smoldering fires at the end of each shift.


</P>
</DIV8>


<DIV8 N="§ 57.4533" NODE="30:1.0.1.8.30.3.151.46" TYPE="SECTION">
<HEAD>§ 57.4533   Mine opening vicinity.</HEAD>
<P>Surface buildings or other similar structures within 100 feet of mine openings used for intake air or within 100 feet of mine openings that are designated escapeways in exhaust air shall be—
</P>
<P>(a) Constructed of noncombustible materials; or
</P>
<P>(b) Constructed to meet a fire resistance rating of no less than one hour; or
</P>
<P>(c) Provided with an automatic fire suppression system; or
</P>
<P>(d) Covered on all combustible interior and exterior structural surfaces with noncombustible material or limited combustible material, such as five-eighth inch, type “X” gypsum wallboard. 


</P>
</DIV8>


<DIV8 N="§ 57.4560" NODE="30:1.0.1.8.30.3.151.47" TYPE="SECTION">
<HEAD>§ 57.4560   Mine entrances.</HEAD>
<P>For at least 200 feet inside the mine portal or collar timber used for ground support in intake openings and in exhaust openings that are designated as escapeways shall be—
</P>
<P>(a) Provided with a fire suppression system, other than fire extinguishers and water hoses, capable of controlling a fire in its early stages; or
</P>
<P>(b) Covered with shotcrete, gunite, or other material with equivalent fire protection characteristics; or
</P>
<P>(c) Coated with fire-retardant paint or other material to reduce its flame spread rating to 25 or less and maintained in that condition.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 50 FR 20100, May 14, 1985]


</CITA>
</DIV8>


<DIV8 N="§ 57.4561" NODE="30:1.0.1.8.30.3.151.48" TYPE="SECTION">
<HEAD>§ 57.4561   Stationary diesel equipment underground.</HEAD>
<P>Stationary diesel equipment underground shall be—
</P>
<P>(a) Supported on a noncombustible base; and
</P>
<P>(b) Provided with a thermal sensor that automatically stops the engine if overheating occurs.


</P>
</DIV8>

</DIV7>


<DIV7 N="152" NODE="30:1.0.1.8.30.3.152" TYPE="SUBJGRP">
<HEAD>Welding/Cutting/Compressed Gases</HEAD>


<DIV8 N="§ 57.4600" NODE="30:1.0.1.8.30.3.152.49" TYPE="SECTION">
<HEAD>§ 57.4600   Extinguishing equipment.</HEAD>
<P>(a) When welding, cutting, soldering, thawing, or bending—
</P>
<P>(1) With an electric arc or with an open flame where an electrically conductive extinguishing agent could create an electrical hazard, a multipurpose dry-chemical fire extinguisher or other extinguisher with at least a 2-A:10-B:C rating shall be at the worksite.
</P>
<P>(2) With an open flame in an area where no electrical hazard exists, a multipurpose dry-chemical fire extinguisher or equivalent fire extinguishing equipment for the class of fire hazard present shall be at the worksite.
</P>
<P>(b) Use of halogenated fire extinguishing agents to meet the requirements of this standard shall be limited to Halon 1211 (CBrClF<E T="52">2</E>) and Halon 1301 (CBrF<E T="52">3</E>). When these agents are used in confined or unventilated areas, precautions based on the manufacturer's use instructions shall be taken so that the gases produced by thermal decomposition of the agents are not inhaled.


</P>
</DIV8>


<DIV8 N="§ 57.4601" NODE="30:1.0.1.8.30.3.152.50" TYPE="SECTION">
<HEAD>§ 57.4601   Oxygen cylinder storage.</HEAD>
<P>Oxygen cylinders shall not be stored in rooms or areas used or designated for storage of flammable or combustible liquids, including grease.


</P>
</DIV8>


<DIV8 N="§ 57.4602" NODE="30:1.0.1.8.30.3.152.51" TYPE="SECTION">
<HEAD>§ 57.4602   Gauges and regulators.</HEAD>
<P>Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.


</P>
</DIV8>


<DIV8 N="§ 57.4603" NODE="30:1.0.1.8.30.3.152.52" TYPE="SECTION">
<HEAD>§ 57.4603   Closure of valves.</HEAD>
<P>To prevent accidental release of gases from hoses and torches attached to oxygen and acetylene cylinders or to manifold systems, cylinder or manifold system valves shall be closed when—
</P>
<P>(a) The cylinders are moved;
</P>
<P>(b) The torch and hoses are left unattended; or
</P>
<P>(c) The task or series of tasks is completed.


</P>
</DIV8>


<DIV8 N="§ 57.4604" NODE="30:1.0.1.8.30.3.152.53" TYPE="SECTION">
<HEAD>§ 57.4604   Preparation of pipelines or containers.</HEAD>
<P>Before welding, cutting, or applying heat with an open flame to pipelines or containers that have contained flammable or combustible liquids, flammable gases, or explosive solids, the pipelines or containers shall be—
</P>
<P>(a) Drained, ventilated, and thoroughly cleaned of any residue;
</P>
<P>(b) Vented to prevent pressure build-up during the application of heat; and
</P>
<P>(c)(1) Filled with an inert gas or water, where compatible; or
</P>
<P>(2) Determined to be free of flammable gases by a flammable gas detection device prior to and at frequent intervals during the application of heat.


</P>
</DIV8>


<DIV8 N="§ 57.4660" NODE="30:1.0.1.8.30.3.152.54" TYPE="SECTION">
<HEAD>§ 57.4660   Work in shafts, raises, or winzes and other activities involving hazard areas.</HEAD>
<P>During performance of an activity underground described in Table C-2 or when falling sparks or hot metal from work performed in a shaft, raise, or winze could pose a fire hazard—
</P>
<P>(a) A multipurpose dry-chemical fire extinguisher shall be at the worksite to supplement the fire extinguishing equipment required by § 57.4600; and
</P>
<P>(b) At least one of the following actions shall be taken:
</P>
<P>(1) Wet down the area before and after the operation, taking precaution against any hazard of electrical shock.
</P>
<P>(2) Isolate any combustible material with noncombustible material.
</P>
<P>(3) Shield the activity so that hot metal and sparks cannot cause a fire.
</P>
<P>(4) Provide a second person to watch for and extinguish any fire.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table C-2
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Activity
</TH><TH class="gpotbl_colhed" scope="col">Distance
</TH><TH class="gpotbl_colhed" scope="col">Fire hazard
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Welding or cutting with an electric arc or open flame</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">More than 1 gallon of combustible liquid, unless in a closed, metal container.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Using an open flame to bend or heat materials</TD><TD align="left" class="gpotbl_cell">Within 35 feet of—</TD><TD align="left" class="gpotbl_cell">More than 50 pounds of non-fire-retardant wood.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Thawing pipes electrically, except with heat tape</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">More than 10 pounds of combustible plastics.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Soldering or thawing with an open flame</TD><TD align="left" class="gpotbl_cell">Within 10 feet of—</TD><TD align="left" class="gpotbl_cell">Materials in a shaft, raise, or winze that could be ignited by hot metal or sparks.</TD></TR></TABLE></DIV></DIV>
<P>(5) Cover or bulkhead the opening immediately below and adjacent to the activity with noncombustible material to prevent sparks or hot metal from falling down the shaft, raise, or winze. This alternative applies only to activities involving a shaft, raise, or winze.
</P>
<P>(c) The affected area shall be inspected during the first hour after the operation is completed. Additional inspections shall be made or other fire prevention measures shall be taken if a fire hazard continues to exist.


</P>
</DIV8>

</DIV7>


<DIV7 N="153" NODE="30:1.0.1.8.30.3.153" TYPE="SUBJGRP">
<HEAD>Ventilation Control Measures</HEAD>


<DIV8 N="§ 57.4760" NODE="30:1.0.1.8.30.3.153.55" TYPE="SECTION">
<HEAD>§ 57.4760   Shaft mines.</HEAD>
<P>(a) Shaft mines shall be provided with at least one of the following means to control the spread of fire, smoke, and toxic gases underground in the event of a fire: control doors, reversal of mechanical ventilation, or effective evacuation procedures. Under this standard, “shaft mine” means a mine in which any designated escapeway includes a mechanical hoisting device or a ladder ascent.
</P>
<P>(1) <I>Control doors.</I> If used as an alternative, control doors shall be—
</P>
<P>(i) Installed at or near shaft stations of intake shafts and any shaft designated as an escapeway under § 57.11053 or at other locations that provide equivalent protection;
</P>
<P>(ii) Constructed and maintained according to Table C-3;
</P>
<P>(iii) Provided with a means of remote closure at landings of timbered intake shafts unless a person specifically designated to close each door in the event of a fire can reach the door within three minutes;
</P>
<P>(iv) Closed or opened only according to predetermined conditions and procedures;
</P>
<P>(v) Constructed so that once closed they will not reopen as a result of a differential in air pressure;
</P>
<P>(vi) Constructed so that they can be opened from either side by one person, or be provided with a personnel door that can be opened from either side; and
</P>
<P>(vii) Clear of obstructions.
</P>
<P>(2) <I>Mechanical ventilation reversal.</I> If used as an alternative, reversal of mechanical ventilation shall—
</P>
<P>(i) Provide at all times at least the same degree of protection to persons underground as would be afforded by the installation of control doors;
</P>
<P>(ii) Be accomplished by a main fan. If the main fan is located underground—
</P>
<P>(A) The cable or conductors supplying power to the fan shall be routed through areas free of fire hazards; or
</P>
<P>(B) The main fan shall be equipped with a second, independent power cable or set of conductors from the surface. The power cable or conductors shall be located so that an underground fire disrupting power in one cable or set of conductors will not affect the other; or
</P>
<P>(C) A second fan capable of accomplishing ventilation reversal shall be available for use in the event of failure of the main fan;
</P>
<P>(iii) Provide rapid air reversal that allows persons underground time to exit in fresh air by the second escapeway or find a place of refuge; and
</P>
<P>(iv) Be done according to predetermined conditions and procedures.
</P>
<P>(3) <I>Evacuation.</I> If used as an alternative, effective evacuation shall be demonstrated by actual evacuation of all persons underground to the surface in ten minutes or less through routes that will not expose persons to heat, smoke, or toxic fumes in the event of a fire.
</P>
<P>(b) If the destruction of any bulkhead on an inactive level would allow fire contaminants to reach an escapeway, that bulkhead shall be constructed and maintained to provide at least the same protection as required for control doors under Table C-3.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table C-3—Control Door Construction
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Location
</TH><TH class="gpotbl_colhed" scope="col">Minimum required construction
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">At least 50 feet from: timbered areas, exposed combustible rock, and any other combustible material 
<sup>1</sup></TD><TD align="left" class="gpotbl_cell">Control door that meets the requirements for a ventilation door in conformance with 30 CFR 57.8531.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Within 50 feet but no closer than 20 feet of: timbered areas, exposed combustible rock, or other combustible material 
<sup>1</sup>
<br/>Within 20 feet of: any timbered areas or combustible rock, provided that the timber and combustible rock within the 20 foot distance are coated with one inch of shotcrete, one-half inch of gunite, or other material with equivalent fire protection characteristics and no other combustible material 
<sup>1</sup> is within that distance</TD><TD align="left" class="gpotbl_cell">Control door that serves as a barrier to the effects of fire and air leakage. The control door shall provide protection at least equivalent to a door constructed of no less than one-quarter inch of plate steel with channel or angle-iron reinforcement to minimize warpage. The framework assembly of the door and the surrounding bulkhead, if any, shall be at least equivalent to the door in fire and air-leakage resistance, and in physical strength.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Within 20 feet of: timbered areas, exposed combustible rock, or other combustible material 
<sup>1</sup></TD><TD align="left" class="gpotbl_cell">Control door that serves as a barrier to fire, the effects of fire, and air-leakage. The door shall provide protection at least equivalent to a door constructed of two layers of wood, each a minimum of three-quarters of an inch in thickness. The wood grain of one layer shall be perpendicular to the wood grain of the other layer. The wood construction shall be covered on all sides and edges with no less than twenty-four gauge sheet steel. The framework assembly of the door and the surrounding bulkhead, if any, shall be at least equivalent to the door in fire and air-leakage resistance, and in physical strength. Roll-down steel doors with a fire-resistance rating of 1
<fr>1/2</fr> hours or greater, but without an insulation core, are acceptable if an automatic sprinkler or deluge system is installed that provides even coverage of the door on both sides.
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> In this table, “combustible material” does not refer to installed wiring or track support.</P></DIV></DIV>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985; 50 FR 20100, May 14, 1985]



</CITA>
</DIV8>


<DIV8 N="§ 57.4761" NODE="30:1.0.1.8.30.3.153.56" TYPE="SECTION">
<HEAD>§ 57.4761   Underground shops.</HEAD>
<P>To confine or prevent the spread of toxic gases from a fire originating in an underground shop where maintenance work is routinely done on mobile equipment, one of the following measures shall be taken: use of control doors or bulkheads, routing of the mine shop air directly to an exhaust system, reversal of mechanical ventilation, or use of an automatic fire suppression system in conjunction with an alternate escape route. The alternative used shall at all times provide at least the same degree of safety as control doors or bulkheads.
</P>
<P>(a) <I>Control doors or bulkheads.</I> If used as an alternative, control doors or bulkheads shall meet the following requirements: 
</P>
<P>(1) Each control door or bulkhead shall be constructed to serve as a barrier to fire, the effects of fire, and air leakage at each opening to the shop.
</P>
<P>(2) Each control door shall be—
</P>
<P>(i) Constructed so that, once closed, it will not reopen as a result of a differential in air pressure;
</P>
<P>(ii) Constructed so that it can be opened from either side by one person or be provided with a personnel door that can be opened from either side;
</P>
<P>(iii) Clear of obstructions; and
</P>
<P>(iv) Provided with a means of remote or automatic closure unless a person specifically designated to close the door in the event of a fire can reach the door within three minutes.
</P>
<P>(3) If located 20 feet or more from exposed timber or other combustible material, the control doors or bulkheads shall provide protection at least equivalent to a door constructed of no less than one-quarter inch of plate steel with channel or angle-iron reinforcement to minimize warpage. The framework assembly of the door and the surrounding bulkhead, if any, shall be at least equivalent to the door in fire and air-leakage resistance, and in physical strength.
</P>
<P>(4) If located less than 20 feet from exposed timber or other combustibles, the control door or bulkhead shall provide protection at least equivalent to a door constructed of two layers of wood, each a minimum of three-quarters of an inch in thickness. The wood-grain of one layer shall be perpendicular to the wood-grain of the other layer. The wood construction shall be covered on all sides and edges with no less than 24-gauge sheet steel. The framework assembly of the door and the surrounding bulkhead, if any, shall be at least equivalent to the door in fire and air-leakage resistance, and in physical strength. Roll-down steel doors with a fire-resistance rating of 1
<FR>1/2</FR> hours or greater, but without an insulation core, are acceptable provided that an automatic sprinkler or deluge system is installed that provides even coverage of the door on both sides.
</P>
<P>(b) <I>Routing air to exhaust system.</I> If used as an alternative, routing the mine shop exhaust air directly to an exhaust system shall be done so that no person would be exposed to toxic gases in the event of a shop fire.
</P>
<P>(c) <I>Mechanical ventilation reversal.</I> If used as an alternative, reversal of mechanical ventilation shall—
</P>
<P>(1) Be accomplished by a main fan. If the main fan is located underground:
</P>
<P>(i) The cable or conductors supplying power to the fan shall be routed through areas free of fire hazards; or
</P>
<P>(ii) The main fan shall be equipped with a second, independent power cable or set of conductors from the surface. The power cable or conductors shall be located so that an underground fire disrupting power in one cable or set of conductors will not affect the other; or
</P>
<P>(iii) A second fan capable of accomplishing ventilation reversal shall be available for use in the event of failure of the main fan;
</P>
<P>(2) Provide rapid air reversal that allows persons underground time to exit in fresh air by the second escapeway or find a place of refuge; and
</P>
<P>(3) Be done according to predetermined conditions and procedures.
</P>
<P>(d) <I>Automatic fire suppression system and escape route.</I> If used as an alternative, the automatic fire suppression system and alternate escape route shall meet the following requirements:
</P>
<P>(1) The suppression system shall be—
</P>
<P>(i) Located in the shop area;
</P>
<P>(ii) The appropriate size and type for the particular fire hazards involved; and
</P>
<P>(iii) Inspected at weekly intervals and properly maintained.
</P>
<P>(2) The escape route shall bypass the shop area so that the route will not be affected by a fire in the shop area.


</P>
</DIV8>

</DIV7>


<DIV9 N="Appendix I" NODE="30:1.0.1.8.30.3.154.57.7" TYPE="APPENDIX">
<HEAD>Appendix I to Subpart C of Part 57—National Consensus Standards
</HEAD>
<P>Mine operators seeking further information in the area of fire prevention and control may consult the following national consensus standards.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">MSHA standard
</TH><TH class="gpotbl_colhed" scope="col">National consensus standard
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§§ 57.4200, 57.4201, 57.4261, and 57.4262</TD><TD align="left" class="gpotbl_cell">NFPA No. 10—Portable Fire Extinguisher.
<br/>NFPA No. 11—Low Expansion Foam and Combined Agent Systems.
<br/>NFPA No. 11A—High Expansion Foam Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 12—Carbon Dioxide Extinguishing Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 12A—Halon 1301 Extinguishing Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 13—Water Sprinkler Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 14—Standpipe and Hose Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 15—Water Spray Fixed Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 16—Foam Water Spray Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 17—Dry-Chemical Extinguishing Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 121—Mobile Surface Mining Equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 291—Testing and Marking Hydrants.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 1962—Care, Use, and Maintenance of Fire Hose, Connections, and Nozzles.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 57.4202</TD><TD align="left" class="gpotbl_cell">NFPA No. 14—Standpipe and Hose Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 291—Testing and Marking Hydrants.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 57.4203</TD><TD align="left" class="gpotbl_cell">NFPA No. 10—Portable Fire Extinguishers.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 57.4230</TD><TD align="left" class="gpotbl_cell">NFPA No. 10—Portable Fire Extinguishers.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">NFPA No. 121—Mobile Surface Mining Equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 57.4260</TD><TD align="left" class="gpotbl_cell">NFPA No. 10—Portable Fire Extinguishers.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 57.4261</TD><TD align="left" class="gpotbl_cell">NFPA No. 14—Standpipe and Hose Systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 57.4533</TD><TD align="left" class="gpotbl_cell">NFPA Fire Protection Handbook.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 57.4560</TD><TD align="left" class="gpotbl_cell">ASTM E-162—Surface Flammability of Materials Using a Radiant Heat Energy Source.</TD></TR></TABLE></DIV></DIV>
</DIV9>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.8.30.4" TYPE="SUBPART">
<HEAD>Subpart D—Air Quality, Radiation, Physical Agents, and Diesel Particulate Matter</HEAD>


<DIV7 N="154" NODE="30:1.0.1.8.30.4.154" TYPE="SUBJGRP">
<HEAD>Air Quality—Surface and Underground</HEAD>


<DIV8 N="§ 57.5001" NODE="30:1.0.1.8.30.4.154.1" TYPE="SECTION">
<HEAD>§ 57.5001   Exposure limits for airborne contaminants.</HEAD>
<XREF ID="20240418" REFID="144">Link to an amendment published at 89 FR 28470, Apr. 18, 2024.</XREF>
<XREF ID="20260406" REFID="2">This amendment was delayed indefinitely at 91 FR 17143, Apr. 6, 2026.</XREF>
<P>The following is required until April 7, 2026. Except as permitted by § 57.5005—
</P>
<P>(a) Except as provided in paragraph (b), the exposure to airborne contaminants shall not exceed, on the basis of a time weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists, as set forth and explained in the 1973 edition of the Conference's publication, entitled “TLV's Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1973,” pages 1 through 54, which are hereby incorporated by reference and made a part hereof. This publication may be obtained from the American Conference of Governmental Industrial Hygienists by writing to 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240, <I>http://www.acgih.org</I>, or may be examined in any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration. Excursions above the listed thresholds shall not be of a greater magnitude than is characterized as permissible by the Conference.
</P>
<P>(b) <I>Asbestos standard</I>—(1) <I>Definitions.</I> Asbestos is a generic term for a number of asbestiform hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils.
</P>
<P><I>Asbestos</I> means chrysotile, cummingtonite-grunerite asbestos (amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and actinolite asbestos.
</P>
<P><I>Asbestos fiber</I> means a fiber of asbestos that meets the criteria of a fiber.
</P>
<P><I>Fiber</I> means a particle longer than 5 micrometers (µm) with a length-to-diameter ratio of at least 3-to-1.
</P>
<P>(2) <I>Permissible Exposure Limits (PELs)</I>—(i) <I>Full-shift limit.</I> A miner's personal exposure to asbestos shall not exceed an 8-hour time-weighted average full-shift airborne concentration of 0.1 fiber per cubic centimeter of air (f/cc).
</P>
<P>(ii) <I>Excursion limit.</I> No miner shall be exposed at any time to airborne concentrations of asbestos in excess of 1 fiber per cubic centimeter of air (f/cc) as averaged over a sampling period of 30 minutes.
</P>
<P>(3) <I>Measurement of airborne asbestos fiber concentration.</I> Potential asbestos fiber concentration shall be determined by phase contrast microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos standard found in 29 CFR 1910.1001, Appendix A, or a method at least equivalent to that method in identifying a potential asbestos exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit. When PCM results indicate a potential exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit, samples shall be further analyzed using transmission electron microscopy according to NIOSH Method 7402 or a method at least equivalent to that method.
</P>
<P>(c) Employees shall be withdrawn from areas where there is present an airborne contaminant given a “C” designation by the Conference and the concentration exceeds the threshold limit value listed for that contaminant.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006; 73 FR 11303, Feb. 29, 2008; 73 FR 66172, Nov. 7, 2008; 89 FR 28469, Apr. 18, 2024]
</CITA>
</DIV8>


<DIV8 N="§ 57.5001T" NODE="30:1.0.1.8.30.4.154.2" TYPE="SECTION">
<HEAD>§ 57.5001T   Exposure limits for airborne contaminants.</HEAD>
<XREF ID="20240418" REFID="145">Link to an amendment published at 89 FR 28470, Apr. 18, 2024.</XREF>
<XREF ID="20260406" REFID="2">This amendment was delayed indefinitely at 91 FR 17143, Apr. 6, 2026.</XREF>
<P>As of April 8, 2026, except as permitted by § 57.5005—
</P>
<P>(a) <I>TLVs standard.</I> Except as provided in paragraph (b) of this section and in part 60 of this chapter, the exposure to airborne contaminants shall not exceed, on the basis of a time weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists, as set forth and explained in the 1973 edition of the Conference's publication, entitled <I>TLV's Threshold Limit Values for Chemical Substances in Workroom Air Adopted by ACGIH for 1973,</I> pages 1 through 54. This publication is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; (202) 693-9440; or at any Mine Safety and Health Enforcement District Office. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email <I>fr.inspection@nara.gov.</I> The material may be obtained from American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; <I>www.acgih.org.</I>
</P>
<P>(b) <I>Asbestos standard</I>—(1) <I>Definitions.</I> Asbestos is a generic term for a number of asbestiform hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils.
</P>
<P><I>Asbestos</I> means chrysotile, cummingtonite-grunerite asbestos (amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and actinolite asbestos.
</P>
<P><I>Asbestos fiber</I> means a fiber of asbestos that meets the criteria of a fiber.
</P>
<P><I>Fiber</I> means a particle longer than 5 micrometers (µm) with a length-to-diameter ratio of at least 3-to-1.
</P>
<P>(2) <I>Permissible Exposure Limits (PELs)</I>—(i) <I>Full-shift limit.</I> A miner's personal exposure to asbestos shall not exceed an 8-hour time-weighted average full-shift airborne concentration of 0.1 fiber per cubic centimeter of air (f/cc).
</P>
<P>(ii) <I>Excursion limit.</I> No miner shall be exposed at any time to airborne concentrations of asbestos in excess of 1 fiber per cubic centimeter of air (f/cc) as averaged over a sampling period of 30 minutes.
</P>
<P>(3) <I>Measurement of airborne asbestos fiber concentration.</I> Potential asbestos fiber concentration shall be determined by phase contrast microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos standard found in 29 CFR 1910.1001, Appendix A, or a method at least equivalent to that method in identifying a potential asbestos exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit. When PCM results indicate a potential exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit, samples shall be further analyzed using transmission electron microscopy according to NIOSH Method 7402 or a method at least equivalent to that method.
</P>
<P>(c) <I>Required action.</I> Employees shall be withdrawn from areas where there is present an airborne contaminant given a “C” designation by the Conference and the concentration exceeds the threshold limit value listed for that contaminant.
</P>
<CITA TYPE="N">[89 FR 28469, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]
</CITA>
</DIV8>


<DIV8 N="§ 57.5002" NODE="30:1.0.1.8.30.4.154.3" TYPE="SECTION">
<HEAD>§ 57.5002   Exposure monitoring.</HEAD>
<P>Dust, gas, mist, and fume surveys shall be conducted as frequently as necessary to determine the adequacy of control measures. 


</P>
</DIV8>


<DIV8 N="§ 57.5005" NODE="30:1.0.1.8.30.4.154.4" TYPE="SECTION">
<HEAD>§ 57.5005   Control of exposure to airborne contaminants.</HEAD>
<XREF ID="20240418" REFID="148">Link to an amendment published at 89 FR 28470, Apr. 18, 2024.</XREF>
<XREF ID="20260406" REFID="2">This amendment was delayed indefinitely at 91 FR 17143, Apr. 6, 2026.</XREF>
<P>The following is required until April 7, 2026. Control of employee exposure to harmful airborne contaminants shall be, insofar as feasible, by prevention of contamination, removal by exhaust ventilation, or by dilution with uncontaminated air. However, where accepted engineering control measures have not been developed or when necessary by the nature of work involved (for example, while establishing controls or occasional entry into hazardous atmospheres to perform maintenance or investigation), employees may work for reasonable periods of time in concentrations of airborne contaminants exceeding permissible levels if they are protected by appropriate respiratory protective equipment. Whenever respiratory protective equipment is used a program for selection, maintenance, training, fitting, supervision, cleaning, and use shall meet the following minimum requirements:
</P>
<P>(a) Respirators approved by NIOSH under 42 CFR part 84 which are applicable and suitable for the purpose intended shall be furnished and miners shall use the protective equipment in accordance with training and instruction. 
</P>
<P>(b) A respirator program consistent with the requirements of ANSI Z88.2-1969, published by the American National Standards Institute and entitled “American National Standards Practices for Respiratory Protection ANSI Z88.2-1969,” approved August 11, 1969, which is hereby incorporated by reference and made a part hereof. This publication may be obtained from the American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036; <I>http://www.ansi.org</I>, or may be examined in any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration.
</P>
<P>(c) When respiratory protection is used in atmospheres immediately harmful to life, the presence of at least one other person with backup equipment and rescue capability shall be required in the event of failure of the respiratory equipment. 
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 30400, June 8, 1995; 60 FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006; 89 FR 28470, Apr. 18, 2024]
</CITA>
</DIV8>


<DIV8 N="§ 57.5005T" NODE="30:1.0.1.8.30.4.154.5" TYPE="SECTION">
<HEAD>§ 57.5005T   Control of exposure to airborne contaminants.</HEAD>
<XREF ID="20240418" REFID="149">Link to an amendment published at 89 FR 28470, Apr. 18, 2024.</XREF>
<XREF ID="20260406" REFID="2">This amendment was delayed indefinitely at 91 FR 17143, Apr. 6, 2026.</XREF>
<P>As of April 8, 2026, the following is required. Control of employee exposure to harmful airborne contaminants shall be, insofar as feasible, by prevention of contamination, removal by exhaust ventilation, or by dilution with uncontaminated air. However, where accepted engineering control measures have not been developed or when necessary by the nature of work involved (for example, while establishing controls or occasional entry into hazardous atmospheres to perform maintenance or investigation), employees may work for reasonable periods of time in concentrations of airborne contaminants exceeding permissible levels if they are protected by appropriate respiratory protective equipment. Whenever respiratory protective equipment is used, its selection, fitting, maintenance, cleaning, training, supervision, and use shall meet the following minimum requirements:
</P>
<P>(a) Respirators approved by NIOSH under 42 CFR part 84 which are applicable and suitable for the purpose intended shall be furnished and miners shall use the protective equipment in accordance with training and instruction.
</P>
<P>(b) A written respiratory protection program consistent with the requirements of ASTM F3387-19, <I>Standard Practice for Respiratory Protection,</I> approved August 1, 2019, which is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; (202) 693-9440; or any Mine Safety and Health Enforcement District Office. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email <I>fr.inspection@nara.gov.</I> The material may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; <I>www.astm.org.</I>
</P>
<P>(c) When respiratory protection is used in atmospheres immediately dangerous to life or health (IDLH), the presence of at least one other person with backup equipment and rescue capability shall be required in the event of failure of the respiratory equipment.
</P>
<CITA TYPE="N">[89 FR 28470, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]
</CITA>
</DIV8>


<DIV8 N="§ 57.5006" NODE="30:1.0.1.8.30.4.154.6" TYPE="SECTION">
<HEAD>§ 57.5006   Restricted use of chemicals.</HEAD>
<P>The following chemical substances shall not be used or stored except by competent persons under laboratory conditions approved by a nationally recognized agency acceptable to the Secretary.
</P>
<P>(a) Carbon tetrachloride,
</P>
<P>(b) Phenol,
</P>
<P>(c) 4-Nitrobiphenyl,
</P>
<P>(d) Alpha-naphthylamine,
</P>
<P>(e) 4,4-Methylene Bis (2-chloroaniline),
</P>
<P>(f) Methyl-chloromethyl ether,
</P>
<P>(g) 3,3 Dichlorobenzidine,
</P>
<P>(h) Bis (chloromethyl) ether,
</P>
<P>(i) Beta-napthylamine,
</P>
<P>(j) Benzidine,
</P>
<P>(k) 4-Aminodiphenyl,
</P>
<P>(l) Ethyleneimine,
</P>
<P>(m) Beta-propiolactone,
</P>
<P>(n) 2-Acetylaminofluorene,
</P>
<P>(o) 4-Dimethylaminobenzene, and
</P>
<P>(p) N-Nitrosodimethylamine.


</P>
</DIV8>

</DIV7>


<DIV7 N="155" NODE="30:1.0.1.8.30.4.155" TYPE="SUBJGRP">
<HEAD>Air Quality—Surface Only [Reserved]</HEAD>

</DIV7>


<DIV7 N="156" NODE="30:1.0.1.8.30.4.156" TYPE="SUBJGRP">
<HEAD>Air Quality—Underground Only</HEAD>


<DIV8 N="§ 57.5015" NODE="30:1.0.1.8.30.4.156.7" TYPE="SECTION">
<HEAD>§ 57.5015   Oxygen deficiency.</HEAD>
<P>Air in all active workings shall contain at least 19.5 volume percent oxygen.


</P>
</DIV8>

</DIV7>


<DIV7 N="157" NODE="30:1.0.1.8.30.4.157" TYPE="SUBJGRP">
<HEAD>Radiation—Underground Only</HEAD>


<DIV8 N="§ 57.5037" NODE="30:1.0.1.8.30.4.157.8" TYPE="SECTION">
<HEAD>§ 57.5037   Radon daughter exposure monitoring.</HEAD>
<P>(a) In all mines at least one sample shall be taken in exhaust mine air by a competent person to determine if concentrations of radon daughters are present. Sampling shall be done using suggested equipment and procedures described in section 14.3 of ANSI N13.8-1973, entitled “American National Standard Radiation Protection in Uranium Mines,” approved July 18, 1973, pages 13-15, by the American National Standards Institute, Inc., which is incorporated by reference and made a part of the standard or equivalent procedures and equipment acceptable to the Administrator, MSHA Metal and Nonmetal Mine Safety and Health district office. This publication may be examined at any Metal and Nonmetal Mine Safety and Health Subdistrict Office of the Mine Safety and Health Administration, or may be obtained from the American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036; <I>http://www.ansi.org.</I> The mine operator may request that the required exhaust mine air sampling be done by the Mine Safety and Health Administration. If concentrations of radon daughters in excess of 0.1 WL are found in an exhaust air sample, thereafter—
</P>
<P>(1) Where uranium is mined—radon daughter concentrations representative of worker's breathing zone shall be determined at least every two weeks at random times in all active working areas such as stopes, drift headings, travelways, haulageways, shops, stations, lunch rooms, magazines, and any other place or location where persons work, travel, or congregate. However, if concentrations of radon daughters are found in excess of 0.3 WL in an active working area, radon daughter concentrations thereafter shall be determined weekly in that working area until such time as the weekly determinations in that area have been 0.3 WL or less for 5 consecutive weeks.
</P>
<P>(2) Where uranium is not mined—when radon daughter concentrations between 0.1 and 0.3 WL are found in an active working area, radon daughter concentration measurements representative of worker's breathing zone shall be determined at least every 3 months at random times until such time as the radon daughter concentrations in that area are below 0.1 WL, and annually thereafter. If concentrations of radon daughters are found in excess of 0.3 WL in an active working area radon daughter concentrations thereafter shall be determined at least weekly in that working area until such time as the weekly determinations in that area have been 0.3 WL or less for 5 consecutive weeks.
</P>
<P>(b) If concentrations of radon daughters less than 0.1 WL are found in an exhaust mine air sample, thereafter:
</P>
<P>(1) Where uranium is mined—at least one sample shall be taken in the exhaust mine air monthly.
</P>
<P>(2) Where uranium is not mined—no further exhaust mine air sampling is required.
</P>
<P>(c) The sample date, locations, and results obtained under (a) and (b) above shall be recorded and retained at the mine site or nearest mine office for at least two years and shall be made available for inspection by the Secretary or his authorized representative.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 57.5038" NODE="30:1.0.1.8.30.4.157.9" TYPE="SECTION">
<HEAD>§ 57.5038   Annual exposure limits.</HEAD>
<P>No person shall be permitted to receive an exposure in excess of 4 WLM in any calendar year.


</P>
</DIV8>


<DIV8 N="§ 57.5039" NODE="30:1.0.1.8.30.4.157.10" TYPE="SECTION">
<HEAD>§ 57.5039   Maximum permissible concentration.</HEAD>
<P>Except as provided by standard § 57.5005, persons shall not be exposed to air containing concentrations of radon daughters exceeding 1.0 WL in active workings.


</P>
</DIV8>


<DIV8 N="§ 57.5040" NODE="30:1.0.1.8.30.4.157.11" TYPE="SECTION">
<HEAD>§ 57.5040   Exposure records.</HEAD>
<P>(a) The operator shall calculate and record complete individual exposures to concentrations of radon daughters as follows:
</P>
<P>(1) Where uranium is mined—the complete individual exposures of all mine personnel working underground shall be calculated and recorded. These records shall include the individual's time in each active working area such as stopes, drift headings, travelways, haulageways, shops, stations, lunch rooms, magazines and any other place or location where persons work, travel or congregate, and the concentration of airborne radon daughters for each active working area.
</P>
<P>(2) Where uranium is not mined—the complete individual exposure of all mine personnel working in active working areas with radon daughter concentrations in excess of 0.3 WL shall be calculated and recorded. These records shall include the individual's time in each active working area and the concentrations of airborne radon daughters for each active working area. The operator may discontinue calculating and recording the individual exposures of any personnel assigned to work in active working areas where radon daughter concentrations have been reduced to 0.3 WL or less for 5 consecutive weeks provided that such exposure calculation and recordation shall not be discontinued with respect to any person who has accumulated more exposure than 
<FR>1/12</FR> (one-twelfth) of a WLM times the number of months for which exposures have been calculated and recorded in the calendar year in which the exposure calculation and recordation is proposed to be discontinued.
</P>
<P>(b) The operator shall maintain the form entitled “Record of Individual Exposure to Radon Daughters” (Form 4000-9), or equivalent forms that are acceptable to the Administrator, Metal and Nonmetal Mine Safety and Health, Mine Safety and Health Administration, on which there shall be recorded the specific information required by the form with respect to each person's time-weighted current and cumulative exposure to concentrations of radon daughters.
</P>
<P>(1) The form entitled “Record of Individual Exposure to Radon Daughters” (Form 4000-9), shall consist of an original of each form for the operator's records which shall be available for examination by the Secretary or his authorized representative.
</P>
<P>(2) On or before February 15 of each calendar year, or within 45 days after the shutdown of mining operations for the calendar year, each mine operator shall submit to the Mine Safety and Health Administration a copy of the “Record of Individual Exposure to Radon Daughters” (Form 4000-9), or acceptable equivalent form, showing the data required by the form for all personnel for whom calculation and recording of exposure was required during the previous calendar year.
</P>
<P>(3) Errors detected by the operator shall be corrected on any forms kept by the operator and a corrected copy of any forms submitted to the Mine Safety and Health Administration shall be submitted to the Mine Safety and Health Administration within 60 days of detection and shall identify the errors and indicate the date the corrections are made.
</P>
<P>(4) The operator's records of individual exposure to concentrations of radon daughters and copies of “Record of Individual Exposure to Radon Daughters” (Form 4000-9) or acceptable equivalent form or true legible facsimiles thereof (microfilm or other), shall be retained at the mine or nearest mine office for a period as specified in paragraph 9.8, ANSI N13.8-1973, or shall be submitted to the Mine Safety and Health Administration. These records, if retained by the operator, shall be open for inspection by the Secretary of Labor, his authorized representative, and authorized representatives of the official mine inspection agency of the State in which the mine is located. Paragraph 9.8, ANSI N13.8-1973, is incorporated by reference and made a part of this standard. ANSI N13.8-1973 may be examined at any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration, and may be obtained from the American National Standards Institute, Inc., at 25 W. 43rd Street, 4th Floor, New York, NY 10036; <I>http://www.ansi.org.</I>
</P>
<P>(5) Upon written request from a person who is a subject of these records, a statement of the year-to-date and cumulative exposure applicable to that person shall be provided to the person or to whomever such person designates.
</P>
<P>(6) The blank form entitled “Record of Individual Exposure to Radon Daughters” (Form 4000-9) may be obtained on request from any MSHA Metal and Nonmetal Mine Safety and Health district office.
</P>
<NOTE>
<HED>Note:</HED>
<P>To calculate an individual's exposure to WLM for a given period of time, multiply the total exposure time (hours to the nearest half-hour) in an active working area by the average concentration of airborne radon daughters for the applicable active working area (average working level calculated to the nearest hundredth working level) and divide the product by the constant 173 hours per month.
</P>
<P>An average airborne radon daughter concentration for a designated active working area shall be determined by averaging all sampling results for that working area during the time that persons are present. Any sample taken by Federal or State mine inspectors, which represents exposure to miners and reported to the operator within three days of being taken, shall be included in the average concentration; except that if the mine operator samples simultaneously with the inspector, he may use his own sample results.</P></NOTE>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 57.5041" NODE="30:1.0.1.8.30.4.157.12" TYPE="SECTION">
<HEAD>§ 57.5041   Smoking prohibition.</HEAD>
<P>Smoking shall be prohibited in all areas of a mine where exposure records are required to be kept in compliance with standard 57.5040.


</P>
</DIV8>


<DIV8 N="§ 57.5042" NODE="30:1.0.1.8.30.4.157.13" TYPE="SECTION">
<HEAD>§ 57.5042   Revised exposure levels.</HEAD>
<P>If levels of permissible exposures to concentrations of radon daughters different from those prescribed in 57.5038 are recommended by the Environmental Protection Agency and approved by the President, no employee shall be permitted to receive exposures in excess of those levels after the effective dates established by the Agency. 


</P>
</DIV8>


<DIV8 N="§ 57.5044" NODE="30:1.0.1.8.30.4.157.14" TYPE="SECTION">
<HEAD>§ 57.5044   Respirators.</HEAD>
<P>In environments exceeding 1.0 WL, miners shall wear respirators approved by NIOSH for radon daughters prior to July 10, 1995 or under the equivalent section of 42 CFR part 84 and such respirator use shall be in compliance with § 57.5005. 
</P>
<CITA TYPE="N">[60 FR 30400, June 8, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 57.5045" NODE="30:1.0.1.8.30.4.157.15" TYPE="SECTION">
<HEAD>§ 57.5045   Posting of inactive workings.</HEAD>
<P>Inactive workings in which radon daughter concentrations are above 1.0 WL, shall be posted against unauthorized entry and designated by signs indicating them as areas in which approved respirators shall be worn.


</P>
</DIV8>


<DIV8 N="§ 57.5046" NODE="30:1.0.1.8.30.4.157.16" TYPE="SECTION">
<HEAD>§ 57.5046   Protection against radon gas.</HEAD>
<P>Where radon daughter concentrations exceed 10 WL, respirator protection against radon gas shall be provided in addition to protection against radon daughters. Protection against radon gas shall be provided by supplied air devices or by face masks containing absorbent material capable of removing both the radon and its daughters.


</P>
</DIV8>


<DIV8 N="§ 57.5047" NODE="30:1.0.1.8.30.4.157.17" TYPE="SECTION">
<HEAD>§ 57.5047   Gamma radiation surveys.</HEAD>
<P>(a) Gamma radiation surveys shall be conducted annually in all underground mines where radioactive ores are mined.
</P>
<P>(b) Surveys shall be in accordance with American National Standards (ANSI) Standard N13.8-1973, entitled “Radiation Protection in Uranium Mines”, section 14.1 page 12, which is hereby incorporated by reference and made a part hereof. This publication may be examined in any Metal and Nonmetal Mine Safety and Health District Office, Mine Safety and Health Administration, or may be obtained from the American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036; <I>http://www.ansi.org.</I>
</P>
<P>(c) Where average gamma radiation measurements are in excess of 2.0 milliroentgens per hour in the working place, gamma radiation dosimeters shall be provided for all persons affected, and records of cumulative individual gamma radiation exposure shall be kept.
</P>
<P>(d) Annual individual gamma radiation exposure shall not exceed 5 rems.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="158" NODE="30:1.0.1.8.30.4.158" TYPE="SUBJGRP">
<HEAD>Diesel Particulate Matter—Underground Only</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>66 FR 5907, Jan. 19, 2001, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 57.5060" NODE="30:1.0.1.8.30.4.158.18" TYPE="SECTION">
<HEAD>§ 57.5060   Limit on exposure to diesel particulate matter.</HEAD>
<P>(a) A miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 308 micrograms of elemental carbon per cubic meter of air (308<E T="52">EC</E> µg/m
<SU>3</SU>). [This interim permissible exposure limit (PEL) remains in effect until the final DPM exposure limit becomes effective. When the final DPM exposure limit becomes effective, MSHA will publish a document in the <E T="04">Federal Register.</E>]
</P>
<P>(b)(1) Effective May 20, 2006, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 308 micrograms of elemental carbon per cubic meter of air (308<E T="52">EC</E> µg/m
<SU>3</SU>).
</P>
<P>(2) Effective January 20, 2007, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 350 micrograms of total carbon per cubic meter of air (350<E T="52">TC</E> µg/m
<SU>3</SU>).
</P>
<P>(3) Effective May 20, 2008, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 160 micrograms of total carbon per cubic meter of air (160<E T="52">TC</E> µg/m
<SU>3</SU>).
</P>
<P>(c)(1) If a mine requires additional time to come into compliance with the final DPM limit established in § 57.5060 (b) due to technological or economic constraints, the operator of the mine may file an application with the District Manager for a special extension.
</P>
<P>(2) The mine operator must certify on the application that the operator has posted one copy of the application at the mine site for at least 30 days prior to the date of application, and has provided another copy to the authorized representative of miners.
</P>
<P>(3) No approval of a special extension shall exceed a period of one year from the date of approval. Mine operators may file for additional special extensions provided each extension does not exceed a period of one year. An application must include the following information:
</P>
<P>(i) Documentation supporting that controls are technologically or economically infeasible at this time to reduce the miner's exposure to the final DPM limit.
</P>
<P>(ii) The most recent DPM monitoring results.
</P>
<P>(iii) The actions the operator will take during the extension to minimize exposure of miners to DPM.
</P>
<P>(4) A mine operator must comply with the terms of any approved application for a special extension, post a copy of the approved application for a special extension at the mine site for the duration of the special extension period, and provide a copy of the approved application to the authorized representative of miners.
</P>
<P>(d) The mine operator must install, use, and maintain feasible engineering and administrative controls to reduce a miner's exposure to or below the applicable DPM PEL established in this section. When controls do not reduce a miner's DPM exposure to the PEL, controls are infeasible, or controls do not produce significant reductions in DPM exposures, controls must be used to reduce the miner's exposure to as low a level as feasible and must be supplemented with respiratory protection in accordance with § 57.5005(a), (b), and paragraphs (d)(1) through (d)(8) of this section.
</P>
<P>(1) Air purifying respirators must be equipped with the following:
</P>
<P>(i) Filters certified by NIOSH under 30 CFR part 11 (appearing in the July 1, 1994 edition of 30 CFR, parts 1 to 199) as a high efficiency particulate air (HEPA) filter;
</P>
<P>(ii) Filters certified by NIOSH under 42 CFR part 84 as 99.97% efficient; or
</P>
<P>(iii) Filters certified by NIOSH for DPM.
</P>
<P>(2) Non-powered, negative-pressure, air purifying, particulate-filter respirators shall use an R- or P-series filter or any filter certified by NIOSH for DPM. An R-series filter shall not be used for longer than one work shift.
</P>
<P>(3) The mine operator must provide a confidential medical evaluation by a physician or other licensed health care professional (PLHCP), at no cost to the miner, to determine the miner's ability to use a respirator before the miner is required to be fit tested or to use a respirator at the mine. If the PLHCP determines that the miner cannot wear a negative pressure respirator, the mine operator must make certain that the PLHCP evaluates the miner's ability to wear a powered air purifying respirator (PAPR).
</P>
<P>(4) The mine operator must provide the miner with an opportunity to discuss their evaluation results with the PLHCP before the PLHCP submits the written determination to the mine operator regarding the miner's ability to wear a respirator. If the miner disagrees with the evaluation results of the PLHCP, the miner may submit within 30 days additional evidence of his or her medical condition to the PLHCP.
</P>
<P>(5) The mine operator must obtain a written determination from the PLHCP regarding the miner's ability to wear a respirator, and the mine operator must assure that the PLHCP provides a copy of the determination to the miner.
</P>
<P>(6) The miner must be reevaluated when the mine operator has reason to believe that conditions have changed which could adversely affect the miner's ability to wear the respirator.
</P>
<P>(7) Upon written notification that the PLHCP has determined that the miner is unable to wear a respirator, including a PAPR, the miner must be transferred to work in an existing position in an area of the same mine where respiratory protection is not required. The miner must be transferred within 30 days of the final determination by the PLHCP.
</P>
<P>(i) The miner must continue to receive compensation at no less than the regular rate of pay in the classification held by that miner immediately prior to the transfer.
</P>
<P>(ii) Increases in wages of the transferred miner must be based upon the new work classification.
</P>
<P>(8) The mine operator must maintain a record of the identity of the PLHCP and the most recent written determination of each miner's ability to wear a respirator for the duration of the miner's employment plus six months.
</P>
<P>(e) Rotation of miners shall not be considered an acceptable administrative control used for compliance with the DPM standard.
</P>
<CITA TYPE="N">[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005, as amended at 70 FR 55019, Sept. 19, 2005; 71 FR 29011, 29012, May 18, 2006; 71 FR 36483, June 27, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 57.5061" NODE="30:1.0.1.8.30.4.158.19" TYPE="SECTION">
<HEAD>§ 57.5061   Compliance determinations.</HEAD>
<P>(a) MSHA will use a single sample collected and analyzed by the Secretary in accordance with the requirements of this section as an adequate basis for a determination of noncompliance with the DPM limit.
</P>
<P>(b) The Secretary will collect samples of DPM by using a respirable dust sampler equipped with a submicrometer impactor and analyze the samples for the amount of elemental carbon using the method described in NIOSH Analytical Method 5040, except that the Secretary also may use any methods of collection and analysis subsequently determined by NIOSH to provide equal or improved accuracy for the measurement of DPM.
</P>
<P>(c) The Secretary will use full-shift personal sampling for compliance determinations.
</P>
<CITA TYPE="N">[70 FR 32966, June 6, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 57.5065" NODE="30:1.0.1.8.30.4.158.20" TYPE="SECTION">
<HEAD>§ 57.5065   Fueling practices.</HEAD>
<P>(a) Diesel fuel used to power equipment in underground areas must not have a sulfur content greater than 0.05 percent. The operator must retain purchase records that demonstrate compliance with this requirement for one year after the date of purchase. 
</P>
<P>(b) The operator must only use fuel additives registered by the U.S. Environmental Protection Agency in diesel powered equipment operated in underground areas. 
</P>
<CITA TYPE="N">[66 FR 5907, Jan. 19, 2001; 66 FR 35520, July 5, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 57.5066" NODE="30:1.0.1.8.30.4.158.21" TYPE="SECTION">
<HEAD>§ 57.5066   Maintenance standards.</HEAD>
<P>(a) Any diesel powered equipment operated at any time in underground areas must meet the following maintenance standards: 
</P>
<P>(1) The operator must maintain any approved engine in approved condition; 
</P>
<P>(2) The operator must maintain the emission related components of any non-approved engine to manufacturer specifications; and 
</P>
<P>(3) The operator must maintain any emission or particulate control device installed on the equipment in effective operating condition. 
</P>
<P>(b)(1) A mine operator must authorize each miner operating diesel-powered equipment underground to affix a visible and dated tag to the equipment when the miner notes evidence that the equipment may require maintenance in order to comply with the maintenance standards of paragraph (a) of this section. The term <I>evidence</I> means visible smoke or odor that is unusual for that piece of equipment under normal operating procedures, or obvious or visible defects in the exhaust emissions control system or in the engine affecting emissions. 
</P>
<P>(2) A mine operator must ensure that any equipment tagged pursuant to this section is promptly examined by a person authorized to maintain diesel equipment, and that the affixed tag not be removed until the examination has been completed. The term <I>promptly</I> means before the end of the next shift during which a qualified mechanic is scheduled to work. 
</P>
<P>(3) A mine operator must retain a log of any equipment tagged pursuant to this section. The log must include the date the equipment is tagged, the date the equipment is examined, the name of the person examining the equipment, and any action taken as a result of the examination. The operator must retain the information in the log for one year after the date the tagged equipment was examined. 
</P>
<P>(c) Persons authorized by a mine operator to maintain diesel equipment covered by paragraph (a) of this section must be qualified, by virtue of training or experience, to ensure that the maintenance standards of paragraph (a) of this section are observed. An operator must retain appropriate evidence of the competence of any person to perform specific maintenance tasks in compliance with those standards for one year after the date of any maintenance, and upon request must provide the documentation to the authorized representative of the Secretary. 
</P>
<CITA TYPE="N">[66 FR 5907, Jan. 19, 2001, as amended at 67 FR 9184, Feb. 27, 2002]
</CITA>
<EFFDNOT>
<HED>Effective Date Note:</HED><PSPACE>At 66 FR 5907, Jan. 19, 2001, § 57.5066 was added, effective July 5, 2001, except for paragraph (b). At 66 FR 35518, July 5, 2001, the effective date of paragraph (b) was delayed pending disposition of current litigation challenging the rule. At 67 FR 9184, Feb. 27, 2002, paragraphs (b)(1) and (b)(2) were revised, effective Mar. 29, 2002.</PSPACE></EFFDNOT>
</DIV8>


<DIV8 N="§ 57.5067" NODE="30:1.0.1.8.30.4.158.22" TYPE="SECTION">
<HEAD>§ 57.5067   Engines.</HEAD>
<P>(a) Any diesel engine introduced into an underground area of a mine covered by this part after July 5, 2001, other than an engine in an ambulance or fire fighting equipment which is utilized in accordance with mine fire fighting and evacuation plans, must either: 
</P>
<P>(1) Have affixed a plate evidencing approval of the engine pursuant to subpart E of Part 7 of this title or pursuant to Part 36 of this title; or 
</P>
<P>(2) Meet or exceed the applicable particulate matter emission requirements of the Environmental Protection Administration listed in Table 57.5067-1, as follows: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 57.5067-1 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">EPA requirement 
</TH><TH class="gpotbl_colhed" scope="col">EPA category 
</TH><TH class="gpotbl_colhed" scope="col">PM limit 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 CFR 86.094-8(a)(1)(i)(A)(2)</TD><TD align="left" class="gpotbl_cell">light duty vehicle</TD><TD align="left" class="gpotbl_cell">0.1 g/mile. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 CFR 86.094-9(a)(1)(i)(A)(2)</TD><TD align="left" class="gpotbl_cell">light duty truck</TD><TD align="left" class="gpotbl_cell">0.1 g/mile. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 CFR 86.094-11(a)(1)(iv)(B)</TD><TD align="left" class="gpotbl_cell">heavy duty highway engine</TD><TD align="left" class="gpotbl_cell">0.1 g/bhp-hr. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 CFR 89.112(a)</TD><TD align="left" class="gpotbl_cell">nonroad (tier, power range)</TD><TD align="left" class="gpotbl_cell">varies by power range: 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 1 kW&lt;8 (hp&lt;11)</TD><TD align="left" class="gpotbl_cell">1.0 g/kW-hr (0.75 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 1 8≤kW&lt;19 (11≤hp&lt;25)</TD><TD align="left" class="gpotbl_cell">0.80 g/kW-hr (0.60 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 1 19≤kW&lt;37 (25≤hp&lt;50)</TD><TD align="left" class="gpotbl_cell">0.80 g/kW-hr (0.60 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 2 37≤kW&lt;75 (50≤hp&lt;100)</TD><TD align="left" class="gpotbl_cell">0.40 g/kW-hr (0.30 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 2 75≤kW&lt;130 (100≤hp&lt;175)</TD><TD align="left" class="gpotbl_cell">0.30 g/kW-hr (0.22 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 1 130≤kW&lt;225 (175≤hp&lt;300)</TD><TD align="left" class="gpotbl_cell">0.54 g/kW-hr (0.40 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 1 225≤kW&lt;450 (300≤hp&lt;600)</TD><TD align="left" class="gpotbl_cell">0.54 g/kW-hr (0.40 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 1 450≤kW&lt;560 (600≤hp&lt;750)</TD><TD align="left" class="gpotbl_cell">0.54 g/kW-hr (0.40 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">tier 1 kW≥560 (hp≥750)</TD><TD align="left" class="gpotbl_cell">0.54 g/kW-hr (0.40 g/bhp-hr). 
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note"><E T="04">Notes:</E> 
</P><P class="gpotbl_note">“g” means grams. 
</P><P class="gpotbl_note">“hp” means horsepower. 
</P><P class="gpotbl_note">“g/bhp-hr” means grams/brake horsepower-hour. 
</P><P class="gpotbl_note">“kW” means kilowatt. 
</P><P class="gpotbl_note">“g/kW-hr” means grams/kilowatt-hour.</P></DIV></DIV>
<P>(b) For purposes of paragraph (a): 
</P>
<P>(1) The term “introduced” means any engine added to the underground inventory of engines of the mine in question, including: 
</P>
<P>(i) An engine in newly purchased equipment; 
</P>
<P>(ii) An engine in used equipment brought into the mine; and 
</P>
<P>(iii) A replacement engine that has a different serial number than the engine it is replacing; but 
</P>
<P>(2) The term “introduced” does not include engines that were previously part of the mine inventory and rebuilt. 
</P>
<P>(3) The term <I>introduced</I> does not include the transfer of engines or equipment from the inventory of one underground mine to another underground mine operated by the same mine operator.
</P>
<CITA TYPE="N">[66 FR 5907, Jan. 19, 2001, as amended at 66 FR 27864, May 21, 2001; 67 FR 9184, Feb. 27, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 57.5070" NODE="30:1.0.1.8.30.4.158.23" TYPE="SECTION">
<HEAD>§ 57.5070   Miner training.</HEAD>
<P>(a) Mine operators must provide annual training to all miners at a mine covered by this part who can reasonably be expected to be exposed to diesel emissions on that property. The training must include—
</P>
<P>(1) The health risks associated with exposure to diesel particulate matter; 
</P>
<P>(2) The methods used in the mine to control diesel particulate matter concentrations; 
</P>
<P>(3) Identification of the personnel responsible for maintaining those controls; and 
</P>
<P>(4) Actions miners must take to ensure the controls operate as intended. 
</P>
<P>(b) An operator must retain a record at the mine site of the training required by this section for one year after completion of the training. 


</P>
</DIV8>


<DIV8 N="§ 57.5071" NODE="30:1.0.1.8.30.4.158.24" TYPE="SECTION">
<HEAD>§ 57.5071   Exposure monitoring.</HEAD>
<P>(a) Mine operators must monitor as often as necessary to effectively determine, under conditions that can be reasonably anticipated in the mine, whether the average personal full-shift airborne exposure to DPM exceeds the DPM limit specified in § 57.5060.
</P>
<P>(b) The mine operator must provide affected miners and their representatives with an opportunity to observe exposure monitoring required by this section. Mine operators must give prior notice to affected miners and their representatives of the date and time of intended monitoring.
</P>
<P>(c) If any monitoring performed under this section indicates that a miner's exposure to diesel particulate matter exceeds the DPM limit specified in § 57.5060, the operator must promptly post notice of the corrective action being taken on the mine bulletin board, initiate corrective action by the next work shift, and promptly complete such corrective action.
</P>
<P>(d)(1) The results of monitoring for diesel particulate matter, including any results received by a mine operator from sampling performed by the Secretary, must be posted on the mine bulletin board within 15 days of receipt and must remain posted for 30 days. The operator must provide a copy of the results to the authorized representative of miners.
</P>
<P>(2) The mine operator must retain for five years (from the date of sampling), the results of any samples the operator collected as a result of monitoring under this section, and information about the sampling method used for obtaining the samples.
</P>
<CITA TYPE="N">[70 FR 32966, June 6, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 57.5075" NODE="30:1.0.1.8.30.4.158.25" TYPE="SECTION">
<HEAD>§ 57.5075   Diesel particulate records.</HEAD>
<P>(a) The table entitled “Diesel Particulate Matter Recordkeeping Requirements” lists the records the operator must maintain pursuant to §§ 57.5060 through 57.5071, and the duration for which particular records need to be retained.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 57.5075(<E T="01">a</E>)—Diesel Particulate Recordkeeping Requirements 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Record 
</TH><TH class="gpotbl_colhed" scope="col">Section
<br/>reference 
</TH><TH class="gpotbl_colhed" scope="col">Retention time 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1. Approved application for extension of time to comply with exposure limits</TD><TD align="left" class="gpotbl_cell">§ 57.5060(c)</TD><TD align="left" class="gpotbl_cell">Duration of extension.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2. Identity of PLHCP and most recent written determination of miner's ability to wear a respirator</TD><TD align="left" class="gpotbl_cell">§ 57.5060(d)</TD><TD align="left" class="gpotbl_cell">Duration of miner's employment plus 6 months.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3. Purchase records noting sulfur content of diesel fuel</TD><TD align="left" class="gpotbl_cell">§ 57.5065(a)</TD><TD align="left" class="gpotbl_cell">1 year beyond date of purchase.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4. Maintenance log</TD><TD align="left" class="gpotbl_cell">§ 57.5066(b)</TD><TD align="left" class="gpotbl_cell">1 year after date any equipment is tagged.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5. Evidence of competence to perform maintenance</TD><TD align="left" class="gpotbl_cell">§ 57.5066(c)</TD><TD align="left" class="gpotbl_cell">1 year after date maintenance performed.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6. Annual training provided to potentially exposed miners</TD><TD align="left" class="gpotbl_cell">§ 57.5070(b)</TD><TD align="left" class="gpotbl_cell">1 year beyond date training completed.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7. Record of corrective action</TD><TD align="left" class="gpotbl_cell">§ 57.5071(c)</TD><TD align="left" class="gpotbl_cell">Until the corrective action is completed.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8. Sampling method used to effectively evaluate a miner's personal exposure, and sample results</TD><TD align="left" class="gpotbl_cell">§ 57.5071(d)</TD><TD align="left" class="gpotbl_cell">5 years from sample date.</TD></TR></TABLE></DIV></DIV>
<P>(b)(1) Any record listed in this section which is required to be retained at the mine site may, notwithstanding such requirement, be retained elsewhere if the mine operator can immediately access the record from the mine site by electronic transmission.
</P>
<P>(2) Upon request from an authorized representative of the Secretary of Labor, the Secretary of Health and Human Services, or from the authorized representative of miners, mine operators must promptly provide access to any record listed in the table in this section.
</P>
<P>(3) An operator must provide access to a miner, former miner, or, with the miner's or former miner's written consent, a personal representative of a miner, to any record required to be maintained pursuant to § 57.5071 or § 57.5060(d) to the extent the information pertains to the miner or former miner. The operator must provide the first copy of a requested record at no cost, and any additional copies at reasonable cost.
</P>
<P>(4) Whenever an operator ceases to do business, that operator must transfer all records required to be maintained by this part, or a copy thereof, to any successor operator who must maintain them for the required period.
</P>
<CITA TYPE="N">[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005; 71 FR 29012, May 18, 2006]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.8.30.5" TYPE="SUBPART">
<HEAD>Subpart E—Explosives</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>61 FR 36801, July 12, 1996, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 57.6000" NODE="30:1.0.1.8.30.5.159.1" TYPE="SECTION">
<HEAD>§ 57.6000   Definitions.</HEAD>
<P>The following definitions apply in this subpart. 
</P>
<P><I>Blasting agent.</I> Any substance classified as a blasting agent by the Department of Transportation in 49 CFR 173.114a(a). This document is available at any MSHA Metal and Nonmetal Safety and Health district office. 
</P>
<P><I>Detonating cord.</I> A flexible cord containing a center core of high explosives which may be used to initiate other explosives. 
</P>
<P><I>Detonator.</I> Any device containing a detonating charge used to initiate an explosive. These devices include electronic detonators, electric or nonelectric instantaneous or delay blasting caps, and delay connectors. The term “detonator” does not include detonating cord. Detonators may be either “Class A” detonators or “Class C” detonators, as classified by the Department of Transportation in 49 CFR 173.53 and 173.100, which is available at any MSHA Metal and Nonmetal Safety and Health district office. 
</P>
<P><I>Explosive.</I> Any substance classified as an explosive by the Department of Transportation in 49 CFR 173.53, 173.88, and 173.100. This document is available at any MSHA Metal and Nonmetal Safety and Health district office. 
</P>
<P><I>Explosive material.</I> Explosives, blasting agents, and detonators. 
</P>
<P><I>Flash point.</I> The minimum temperature at which sufficient vapor is released by a liquid to form a flammable vapor-air mixture near the surface of the liquid. 
</P>
<P><I>Igniter cord.</I> A fuse that burns progressively along its length with an external flame at the zone of burning, used for lighting a series of safety fuses in a desired sequence. 
</P>
<P><I>Magazine.</I> A bullet-resistant, theft-resistant, fire-resistant, weather-resistant, ventilated facility for the storage of explosives and detonators (BATF Type 1 or Type 2 facility). 
</P>
<P><I>Misfire.</I> The complete or partial failure of explosive material to detonate as planned. The term also is used to describe the explosive material itself that has failed to detonate. 
</P>
<P><I>Primer.</I> A unit, package, or cartridge of explosives which contains a detonator and is used to initiate other explosives or blasting agents. 
</P>
<P><I>Safety switch.</I> A switch that provides shunt protection in blasting circuits between the blast site and the switch used to connect a power source to the blasting circuit. 
</P>
<P><I>Slurry.</I> An explosive material containing substantial portions of a liquid, oxidizers, and fuel, plus a thickener. 
</P>
<P><I>Water gel.</I> An explosive material containing substantial portions of water, oxidizers, and fuel, plus a cross-linking agent. 
</P>
<CITA TYPE="N">[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002; 68 FR 32361, May 30, 2003; 69 FR 38842, June 29, 2004; 85 FR 2027, Jan. 14, 2020]


</CITA>
</DIV8>


<DIV7 N="159" NODE="30:1.0.1.8.30.5.159" TYPE="SUBJGRP">
<HEAD>Storage—Surface and Underground</HEAD>


<DIV8 N="§ 57.6100" NODE="30:1.0.1.8.30.5.159.2" TYPE="SECTION">
<HEAD>§ 57.6100   Separation of stored explosive material.</HEAD>
<P>(a) Detonators shall not be stored in the same magazine with other explosive material. 
</P>
<P>(b) When stored in the same magazine, blasting agents shall be separated from explosives, safety fuse, and detonating cord to prevent contamination. 


</P>
</DIV8>


<DIV8 N="§ 57.6101" NODE="30:1.0.1.8.30.5.159.3" TYPE="SECTION">
<HEAD>§ 57.6101   Areas around explosive material storage facilities.</HEAD>
<P>(a) Areas surrounding storage facilities for explosive material shall be clear of rubbish, brush, dry grass, and trees for 25 feet in all directions, except that live trees 10 feet or taller need not be removed. 
</P>
<P>(b) Other combustibles shall not be stored or allowed to accumulate within 50 feet of explosive material. Combustible liquids shall be stored in a manner that ensures drainage will occur away from the explosive material storage facility in case of tank rupture. 


</P>
</DIV8>


<DIV8 N="§ 57.6102" NODE="30:1.0.1.8.30.5.159.4" TYPE="SECTION">
<HEAD>§ 57.6102   Explosive material storage practices.</HEAD>
<P>(a) Explosive material shall be—
</P>
<P>(1) Stored in a manner to facilitate use of oldest stocks first; 
</P>
<P>(2) Stored according to brand and grade in such a manner as to facilitate identification; and 
</P>
<P>(3) Stacked in a stable manner but not more than 8 feet high. 
</P>
<P>(b) Explosives and detonators shall be stored in closed nonconductive containers except that nonelectric detonating devices may be stored on nonconductive racks provided the case-insert instructions and the date-plant-shift code are maintained with the product. 


</P>
</DIV8>

</DIV7>


<DIV7 N="160" NODE="30:1.0.1.8.30.5.160" TYPE="SUBJGRP">
<HEAD>Storage—Surface Only</HEAD>


<DIV8 N="§ 57.6130" NODE="30:1.0.1.8.30.5.160.5" TYPE="SECTION">
<HEAD>§ 57.6130   Explosive material storage facilities.</HEAD>
<P>(a) Detonators and explosives shall be stored in magazines. 
</P>
<P>(b) Packaged blasting agents shall be stored in a magazine or other facility which is ventilated to prevent dampness and excessive heating, weather-resistant, and locked or attended. Drop trailers do not have to be ventilated if they are currently licensed by the Federal, State, or local authorities for over-the-road use. Facilities other than magazines used to store blasting agents shall contain only blasting agents. 
</P>
<P>(c) Bulk blasting agents shall be stored in weather-resistant bins or tanks which are locked, attended, or otherwise inaccessible to unauthorized entry. 
</P>
<P>(d) Facilities, bins or tanks shall be posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach. 


</P>
</DIV8>


<DIV8 N="§ 57.6131" NODE="30:1.0.1.8.30.5.160.6" TYPE="SECTION">
<HEAD>§ 57.6131   Location of explosive material storage facilities.</HEAD>
<P>(a) Storage facilities for any explosive material shall be—
</P>
<P>(1) Located so that the forces generated by a storage facility explosion will not create a hazard to occupants in mine buildings and will not damage dams or electric substations; and 
</P>
<P>(2) Detached structures located outside the blast area and a sufficient distance from powerlines so that the powerlines, if damaged, would not contact the magazines. 
</P>
<P>(b) Operators should also be aware of regulations affecting storage facilities in 27 CFR part 55, in particular, 27 CFR 55.218 and 55.220. This document is available at any MSHA Metal and Nonmetal Safety and Health district office. 


</P>
</DIV8>


<DIV8 N="§ 57.6132" NODE="30:1.0.1.8.30.5.160.7" TYPE="SECTION">
<HEAD>§ 57.6132   Magazine requirements.</HEAD>
<P>(a) Magazines shall be—
</P>
<P>(1) Structurally sound; 
</P>
<P>(2) Noncombustible or the exterior covered with fire-resistant material; 
</P>
<P>(3) Bullet resistant; 
</P>
<P>(4) Made of nonsparking material on the inside; 
</P>
<P>(5) Ventilated to control dampness and excessive heating within the magazine; 
</P>
<P>(6) Posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach, so located that a bullet passing through any of the signs will not strike the magazine; 
</P>
<P>(7) Kept clean and dry inside; 
</P>
<P>(8) Unlighted or lighted by devices that are specifically designed for use in magazines and which do not create a fire or explosion hazard; 
</P>
<P>(9) Unheated or heated only with devices that do not create a fire or explosion hazard; 
</P>
<P>(10) Locked when unattended; and 
</P>
<P>(11) Used exclusively for the storage of explosive material except for essential nonsparking equipment used for the operation of the magazine. 
</P>
<P>(b) Metal magazines shall be equipped with electrical bonding connections between all conductive portions so the entire structure is at the same electrical potential. Suitable electrical bonding methods include welding, riveting, or the use of securely tightened bolts where individual metal portions are joined. Conductive portions of nonmetal magazines shall be grounded. 
</P>
<P>(c) Electrical switches and outlets shall be located on the outside of the magazine. 


</P>
</DIV8>


<DIV8 N="§ 57.6133" NODE="30:1.0.1.8.30.5.160.8" TYPE="SECTION">
<HEAD>§ 57.6133   Powder chests.</HEAD>
<P>(a) Powder chests (day boxes) shall be—
</P>
<P>(1) Structurally sound, weather-resistant, equipped with a lid or cover, and with only nonsparking material on the inside; 
</P>
<P>(2) Posted with the appropriate United States Department of Transportation placards or other appropriate warning signs that indicate the contents and are visible from each approach; 
</P>
<P>(3) Located out of the blast area once loading has been completed; 
</P>
<P>(4) Locked or attended when containing explosive material; and 
</P>
<P>(5) Emptied at the end of each shift with the contents returned to a magazine or other storage facility, or attended. 
</P>
<P>(b) Detonators shall be kept in chests separate from explosives or blasting agents, unless separated by 4 inches of hardwood or equivalent, or a laminated partition. When a laminated partition is used, operators must follow the provisions of the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; <I>https://www.ime.org.</I> This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002; 80 FR 52988, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="161" NODE="30:1.0.1.8.30.5.161" TYPE="SUBJGRP">
<HEAD>Storage—Underground Only</HEAD>


<DIV8 N="§ 57.6160" NODE="30:1.0.1.8.30.5.161.9" TYPE="SECTION">
<HEAD>§ 57.6160   Main facilities.</HEAD>
<P>(a) Main facilities used to store explosive material underground shall be located—
</P>
<P>(1) In stable or supported ground; 
</P>
<P>(2) So that a fire or explosion in the storage facilities will not prevent escape from the mine, or cause detonation of the contents of another storage facility; 
</P>
<P>(3) Out of the line of blasts, and protected from vehicular traffic, except that accessing the facility; 
</P>
<P>(4) At least 200 feet from work places or shafts; 
</P>
<P>(5) At least 50 feet from electric substations; 
</P>
<P>(6) A safe distance from trolley wires; and 
</P>
<P>(7) At least 25 feet from detonator storage facilities. 
</P>
<P>(b) Main facilities used to store explosive material underground shall be—
</P>
<P>(1) Posted with warning signs that indicate the contents and are visible from any approach; 
</P>
<P>(2) Used exclusively for the storage of explosive material and necessary equipment associated with explosive material storage and delivery: 
</P>
<P>(i) Portions of the facility used for the storage of explosives shall only contain nonsparking material or equipment. 
</P>
<P>(ii) The blasting agent portion of the facility may be used for the storage of other necessary equipment; 
</P>
<P>(3) Kept clean, suitably dry, and orderly; 
</P>
<P>(4) Provided with unobstructed ventilation openings; 
</P>
<P>(5) Kept securely locked unless all access to the mine is either locked or attended; and 
</P>
<P>(6) Unlighted or lighted only with devices that do not create a fire or explosion hazard and which are specifically designed for use in magazines. 
</P>
<P>(c) Electrical switches and outlets shall be located outside the facility. 


</P>
</DIV8>


<DIV8 N="§ 57.6161" NODE="30:1.0.1.8.30.5.161.10" TYPE="SECTION">
<HEAD>§ 57.6161   Auxiliary facilities.</HEAD>
<P>(a) Auxiliary facilities used to store explosive material near work places shall be wooden, box-type containers equipped with covers or doors, or facilities constructed or mined-out to provide equivalent impact resistance and confinement. 
</P>
<P>(b) The auxiliary facilities shall be—
</P>
<P>(1) Constructed of nonsparking material on the inside when used for the storage of explosives; 
</P>
<P>(2) Kept clean, suitably dry, and orderly; 
</P>
<P>(3) Kept in repair; 
</P>
<P>(4) Located out of the line of blasts so they will not be subjected to damaging shock or flyrock; 
</P>
<P>(5) Identified with warning signs or coded to indicate the contents with markings visible from any approach; 
</P>
<P>(6) Located at least 15 feet from all haulageways and electrical equipment, or placed entirely within a mined-out recess in the rib used exclusively for explosive material; 
</P>
<P>(7) Filled with no more than a one-week supply of explosive material; 
</P>
<P>(8) Separated by at least 25 feet from other facilities used to store detonators; and 
</P>
<P>(9) Kept securely locked unless all access to the mine is either locked or attended. 


</P>
</DIV8>

</DIV7>


<DIV7 N="162" NODE="30:1.0.1.8.30.5.162" TYPE="SUBJGRP">
<HEAD>Transportation—Surface and Underground</HEAD>


<DIV8 N="§ 57.6200" NODE="30:1.0.1.8.30.5.162.11" TYPE="SECTION">
<HEAD>§ 57.6200   Delivery to storage or blast site areas.</HEAD>
<P>Explosive material shall be transported without undue delay to the storage area or blast site. 


</P>
</DIV8>


<DIV8 N="§ 57.6201" NODE="30:1.0.1.8.30.5.162.12" TYPE="SECTION">
<HEAD>§ 57.6201   Separation of transported explosive material.</HEAD>
<P>Detonators shall not be transported on the same vehicle or conveyance with other explosives except as follows: 
</P>
<P>(a) Detonators in quantities of more than 1,000 may be transported in a vehicle or conveyance with explosives or blasting agents provided the detonators are—
</P>
<P>(1) Maintained in the original packaging as shipped from the manufacturer; and 
</P>
<P>(2) Separated from explosives or blasting agents by 4 inches of hardwood or equivalent, or a laminated partition. The hardwood or equivalent shall be fastened to the vehicle or conveyance. When a laminated partition is used, operators must follow the provisions of the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; <I>https://www.ime.org.</I> This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for examination at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(b) Detonators in quantities of 1,000 or fewer may be transported with explosives or blasting agents provided the detonators are—
</P>
<P>(1) Kept in closed containers; and 
</P>
<P>(2) Separated from explosives or blasting agents by 4 inches of hardwood or equivalent, or a laminated partition. The hardwood or equivalent shall be fastened to the vehicle or conveyance. When a laminated partition is used, operators must follow the provisions of IME Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; <I>https://www.ime.org.</I> This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for examination at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[61 FR 36801, July 12, 1996, as amended at 67 FR 38385, June 4, 2002; 80 FR 52988, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 57.6202" NODE="30:1.0.1.8.30.5.162.13" TYPE="SECTION">
<HEAD>§ 57.6202   Vehicles.</HEAD>
<P>(a) Vehicles containing explosive material shall be—
</P>
<P>(1) Maintained in good condition and shall comply with the requirements of subpart M of this part; 
</P>
<P>(2) Equipped with sides and enclosures higher than the explosive material being transported or have the explosive material secured to a nonconductive pallet; 
</P>
<P>(3) Equipped with a cargo space that shall contain the explosive material (passenger areas shall not be considered cargo space); 
</P>
<P>(4) Equipped with at least two multipurpose dry-chemical fire extinguishers or one such extinguisher and an automatic fire suppression system; 
</P>
<P>(5) Posted with warning signs that indicate the contents and are visible from each approach; 
</P>
<P>(6) Occupied only by persons necessary for handling the explosive material; 
</P>
<P>(7) Attended or the cargo compartment locked at surface areas of underground mines, except when parked at the blast site and loading is in progress; and 
</P>
<P>(8) Secured while parked by having—
</P>
<P>(i) The brakes set; 
</P>
<P>(ii) The wheels chocked if movement could occur; and 
</P>
<P>(iii) The engine shut off unless powering a device being used in the loading operation. 
</P>
<P>(b) Vehicles containing explosives shall have—
</P>
<P>(1) No sparking material exposed in the cargo space; and 
</P>
<P>(2) Only properly secured nonsparking equipment in the cargo space with the explosives. 
</P>
<P>(c) Vehicles used for dispensing bulk explosive material shall—
</P>
<P>(1) Have no zinc or copper exposed in the cargo space; and 
</P>
<P>(2) Provide any enclosed screw-type conveyors with protection against internal pressure and frictional heat. 


</P>
</DIV8>


<DIV8 N="§ 57.6203" NODE="30:1.0.1.8.30.5.162.14" TYPE="SECTION">
<HEAD>§ 57.6203   Locomotives.</HEAD>
<P>Explosive material shall not be transported on a locomotive. When explosive material is hauled by trolley locomotive, covered, electrically insulated cars shall be used. 


</P>
</DIV8>


<DIV8 N="§ 57.6204" NODE="30:1.0.1.8.30.5.162.15" TYPE="SECTION">
<HEAD>§ 57.6204   Hoists.</HEAD>
<P>(a) Before explosive material is transported in hoist conveyances— 
</P>
<P>(1) The hoist operator shall be notified; and 
</P>
<P>(2) Hoisting in adjacent shaft compartments, except for empty conveyances or counterweights, shall be stopped until transportation of the explosive material is completed. 
</P>
<P>(b) Explosive material transported in hoist conveyances shall be placed within a container which prevents shifting of the cargo that could cause detonation of the container by impact or by sparks. The manufacturer's container may be used if secured to a nonconductive pallet. When explosives are transported, they shall be secured so as not to contact any sparking material. 
</P>
<P>(c) No explosive material shall be transported during a mantrip. 


</P>
</DIV8>


<DIV8 N="§ 57.6205" NODE="30:1.0.1.8.30.5.162.16" TYPE="SECTION">
<HEAD>§ 57.6205   Conveying explosives by hand.</HEAD>
<P>Closed, nonconductive containers shall be used to carry explosives and detonators to and from blast sites. Separate containers shall be used for explosives and detonators. 


</P>
</DIV8>

</DIV7>


<DIV7 N="163" NODE="30:1.0.1.8.30.5.163" TYPE="SUBJGRP">
<HEAD>USE—SURFACE AND UNDERGROUND</HEAD>


<DIV8 N="§ 57.6300" NODE="30:1.0.1.8.30.5.163.17" TYPE="SECTION">
<HEAD>§ 57.6300   Control of blasting operations.</HEAD>
<P>(a) Only persons trained and experienced in the handling and use of explosive material shall direct blasting operations and related activities. 
</P>
<P>(b) Trainees and inexperienced persons shall work only in the immediate presence of persons trained and experienced in the handling and use of explosive material. 


</P>
</DIV8>


<DIV8 N="§ 57.6301" NODE="30:1.0.1.8.30.5.163.18" TYPE="SECTION">
<HEAD>§ 57.6301   Blasthole obstruction check.</HEAD>
<P>Before loading, blastholes shall be checked and, wherever possible, cleared of obstructions. 


</P>
</DIV8>


<DIV8 N="§ 57.6302" NODE="30:1.0.1.8.30.5.163.19" TYPE="SECTION">
<HEAD>§ 57.6302   Separation of explosive material.</HEAD>
<P>Explosives and blasting agents shall be kept separated from detonators until loading begins. 


</P>
</DIV8>


<DIV8 N="§ 57.6303" NODE="30:1.0.1.8.30.5.163.20" TYPE="SECTION">
<HEAD>§ 57.6303   Initiation preparation.</HEAD>
<P>(a) Primers shall be made up only at the time of use and as close to the blast site as conditions allow. 
</P>
<P>(b) Primers shall be prepared with the detonator contained securely and completely within the explosive or contained securely and appropriately for its design in the tunnel or cap well. 
</P>
<P>(c) When using detonating cord to initiate another explosive, a connection shall be prepared with the detonating cord threaded through, attached securely to, or otherwise in contact with the explosive. 


</P>
</DIV8>


<DIV8 N="§ 57.6304" NODE="30:1.0.1.8.30.5.163.21" TYPE="SECTION">
<HEAD>§ 57.6304   Primer protection.</HEAD>
<P>(a) Tamping shall not be done directly on a primer. 
</P>
<P>(b) Rigid cartridges of explosives or blasting agents that are 4 inches (100 millimeters) in diameter or larger shall not be dropped on the primer except where the blasthole contains sufficient depth of water to protect the primer from impact. Slit packages of prill, water gel, or emulsions are not considered rigid cartridges and may be drop loaded. 


</P>
</DIV8>


<DIV8 N="§ 57.6305" NODE="30:1.0.1.8.30.5.163.22" TYPE="SECTION">
<HEAD>§ 57.6305   Unused explosive material.</HEAD>
<P>Unused explosive material shall be moved to a protected location as soon as practical after loading operations are completed. 


</P>
</DIV8>


<DIV8 N="§ 57.6306" NODE="30:1.0.1.8.30.5.163.23" TYPE="SECTION">
<HEAD>§ 57.6306   Loading, blasting, and security.</HEAD>
<P>(a) When explosive materials or initiating systems are brought to the blast site, the blast site shall be attended; barricaded and posted with warning signs, such as “Danger,” “Explosives,” or “Keep Out;” or flagged against unauthorized entry. 
</P>
<P>(b) Vehicles and equipment shall not be driven over explosive material or initiating systems in a manner which could contact the material or system, or create other hazards. 
</P>
<P>(c) Once loading begins, the only activities permitted within the blast site shall be those activities directly related to the blasting operation and the activities of surveying, stemming, sampling of geology, and reopening of holes, provided that reasonable care is exercised. Haulage activity is permitted near the base of bench faces being loaded or awaiting firing, provided no other haulage access exists. 
</P>
<P>(d) Loading and blasting shall be conducted in a manner designed to facilitate a continuous process, with the blast fired as soon as possible following the completion of loading. If blasting a loaded round may be delayed for more than 72 hours, the operator shall notify the appropriate MSHA district office. 
</P>
<P>(e) In electric blasting prior to connecting to the power source, and in nonelectric blasting prior to attaching an initiating device, all persons shall leave the blast area except persons in a blasting shelter or other location that protects them from concussion (shock wave), flying material, and gases. 
</P>
<P>(f) Before firing a blast—
</P>
<P>(1) Ample warning shall be given to allow all persons to be evacuated; 
</P>
<P>(2) Clear exit routes shall be provided for persons firing the round; and 
</P>
<P>(3) All access routes to the blast area shall be guarded or barricaded to prevent the passage of persons or vehicles. 
</P>
<P>(g) Work shall not be resumed in the blast area until a post-blast examination addressing potential blast-related hazards has been conducted by a person with the ability and experience to perform the examination. 


</P>
</DIV8>


<DIV8 N="§ 57.6307" NODE="30:1.0.1.8.30.5.163.24" TYPE="SECTION">
<HEAD>§ 57.6307   Drill stem loading.</HEAD>
<P>Explosive material shall not be loaded into blastholes with drill stem equipment or other devices that could be extracted while containing explosive material. The use of loading hose, collar sleeves, or collar pipes is permitted. 


</P>
</DIV8>


<DIV8 N="§ 57.6308" NODE="30:1.0.1.8.30.5.163.25" TYPE="SECTION">
<HEAD>§ 57.6308   Initiation systems.</HEAD>
<P>Initiation systems shall be used in accordance with the manufacturer's instructions. 


</P>
</DIV8>


<DIV8 N="§ 57.6309" NODE="30:1.0.1.8.30.5.163.26" TYPE="SECTION">
<HEAD>§ 57.6309   Fuel oil requirements for ANFO.</HEAD>
<P>(a) Liquid hydrocarbon fuels with flash points lower than that of No. 2 diesel oil (125 °F) shall not be used to prepare ammonium nitrate-fuel oil, except that diesel fuels with flash points no lower than 100 °F may be used at ambient air temperatures below 45 °F. 
</P>
<P>(b) Waste oil, including crankcase oil, shall not be used to prepare ammonium nitrate-fuel oil. 


</P>
</DIV8>


<DIV8 N="§ 57.6310" NODE="30:1.0.1.8.30.5.163.27" TYPE="SECTION">
<HEAD>§ 57.6310   Misfire waiting period.</HEAD>
<P>When a misfire is suspected, persons shall not enter the blast area—
</P>
<P>(a) For 30 minutes if safety fuse and blasting caps are used;
</P>
<P>(b) For 15 minutes if any other type detonators are used; or
</P>
<P>(c) For 30 minutes if electronic detonators are used, or for the manufacturer-recommended time, whichever is longer.
</P>
<CITA TYPE="N">[61 FR 36801, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020] 


</CITA>
</DIV8>


<DIV8 N="§ 57.6311" NODE="30:1.0.1.8.30.5.163.28" TYPE="SECTION">
<HEAD>§ 57.6311   Handling of misfires.</HEAD>
<P>(a) Faces and muck piles shall be examined for misfires after each blasting operation. 
</P>
<P>(b) Only work necessary to remove a misfire and protect the safety of miners engaged in the removal shall be permitted in the affected area until the misfire is disposed of in a safe manner. 
</P>
<P>(c) When a misfire cannot be disposed of safely, each approach to the area affected by the misfire shall be posted with a warning sign at a conspicuous location to prohibit entry, and the condition shall be reported immediately to mine management. 
</P>
<P>(d) Misfires occurring during the shift shall be reported to mine management not later than the end of the shift. 


</P>
</DIV8>


<DIV8 N="§ 57.6312" NODE="30:1.0.1.8.30.5.163.29" TYPE="SECTION">
<HEAD>§ 57.6312   Secondary blasting.</HEAD>
<P>Secondary blasts fired at the same time in the same work area shall be initiated from one source. 


</P>
</DIV8>

</DIV7>


<DIV7 N="164" NODE="30:1.0.1.8.30.5.164" TYPE="SUBJGRP">
<HEAD>Electric Blasting—Surface and Underground</HEAD>


<DIV8 N="§ 57.6400" NODE="30:1.0.1.8.30.5.164.30" TYPE="SECTION">
<HEAD>§ 57.6400   Compatibility of electric detonators.</HEAD>
<P>All electric detonators to be fired in a round shall be from the same manufacturer and shall have similar electrical firing characteristics. 


</P>
</DIV8>


<DIV8 N="§ 57.6401" NODE="30:1.0.1.8.30.5.164.31" TYPE="SECTION">
<HEAD>§ 57.6401   Shunting.</HEAD>
<P>Except during testing—
</P>
<P>(a) Electric detonators shall be kept shunted until connected to the blasting line or wired into a blasting round; 
</P>
<P>(b) Wired rounds shall be kept shunted until connected to the blasting line; and 
</P>
<P>(c) Blasting lines shall be kept shunted until immediately before blasting. 


</P>
</DIV8>


<DIV8 N="§ 57.6402" NODE="30:1.0.1.8.30.5.164.32" TYPE="SECTION">
<HEAD>§ 57.6402   Deenergized circuits near detonators.</HEAD>
<P>Electrical distribution circuits within 50 feet of electric detonators at the blast site shall be deenergized. Such circuits need not be deenergized between 25 to 50 feet of the electric detonators if stray current tests, conducted as frequently as necessary, indicate a maximum stray current of less than 0.05 ampere through a 1-ohm resistor as measured at the blast site. 


</P>
</DIV8>


<DIV8 N="§ 57.6403" NODE="30:1.0.1.8.30.5.164.33" TYPE="SECTION">
<HEAD>§ 57.6403   Branch circuits.</HEAD>
<P>(a) If electric blasting includes the use of branch circuits, each branch shall be equipped with a safety switch or equivalent method to isolate the circuits to be used. 
</P>
<P>(b) At least one safety switch or equivalent method of protection shall be located outside the blast area and shall be in the open position until persons are withdrawn. 


</P>
</DIV8>


<DIV8 N="§ 57.6404" NODE="30:1.0.1.8.30.5.164.34" TYPE="SECTION">
<HEAD>§ 57.6404   Separation of blasting circuits from power source.</HEAD>
<P>(a) Switches used to connect the power source to a blasting circuit shall be locked in the open position except when closed to fire the blast. 
</P>
<P>(b) Lead wires shall not be connected to the blasting switch until the shot is ready to be fired. 


</P>
</DIV8>


<DIV8 N="§ 57.6405" NODE="30:1.0.1.8.30.5.164.35" TYPE="SECTION">
<HEAD>§ 57.6405   Firing devices.</HEAD>
<P>(a) Power sources shall be capable of delivering sufficient current to energize all electric detonators to be fired with the type of circuits used. Storage or dry cell batteries are not permitted as power sources. 
</P>
<P>(b) Blasting machines shall be tested, repaired, and maintained in accordance with manufacturer's instructions. 
</P>
<P>(c) Only the blaster shall have the key or other control to an electrical firing device. 


</P>
</DIV8>


<DIV8 N="§ 57.6406" NODE="30:1.0.1.8.30.5.164.36" TYPE="SECTION">
<HEAD>§ 57.6406   Duration of current flow.</HEAD>
<P>If any part of a blast is connected in parallel and is to be initiated from powerlines or lighting circuits, the time of current flow shall be limited to a maximum of 25 milliseconds. This can be accomplished by incorporating an arcing control device in the blasting circuit or by interrupting the circuit with an explosive device attached to one or both lead lines and initiated by a 25-millisecond delay electric detonator. 


</P>
</DIV8>


<DIV8 N="§ 57.6407" NODE="30:1.0.1.8.30.5.164.37" TYPE="SECTION">
<HEAD>§ 57.6407   Circuit testing.</HEAD>
<P>A blasting galvanometer or other instrument designed for testing blasting circuits shall be used to test the following: 
</P>
<P>(a) In surface operations—
</P>
<P>(1) Continuity of each electric detonator in the blasthole prior to stemming and connection to the blasting line; 
</P>
<P>(2) Resistance of individual series or the resistance of multiple balanced series to be connected in parallel prior to their connection to the blasting line; 
</P>
<P>(3) Continuity of blasting lines prior to the connection of electric or electronic detonator series; and 
</P>
<P>(4) Total blasting circuit resistance prior to connection to the power source. 
</P>
<P>(b) In underground operations—
</P>
<P>(1) Continuity of each electric detonator series; and 
</P>
<P>(2) Continuity of blasting lines prior to the connection of electric or electronic detonators. 
</P>
<CITA TYPE="N">[61 FR 36801, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="165" NODE="30:1.0.1.8.30.5.165" TYPE="SUBJGRP">
<HEAD>Nonelectric Blasting—Surface and Underground</HEAD>


<DIV8 N="§ 57.6500" NODE="30:1.0.1.8.30.5.165.38" TYPE="SECTION">
<HEAD>§ 57.6500   Damaged initiating material.</HEAD>
<P>A visual check of the completed circuit shall be made to ensure that the components are properly aligned and connected. Safety fuse, igniter cord, detonating cord, shock or gas tubing, and similar material which is kinked, bent sharply, or damaged shall not be used. 


</P>
</DIV8>


<DIV8 N="§ 57.6501" NODE="30:1.0.1.8.30.5.165.39" TYPE="SECTION">
<HEAD>§ 57.6501   Nonelectric initiation systems.</HEAD>
<P>(a) When the nonelectric initiation system uses shock tube—
</P>
<P>(1) Connections with other initiation devices shall be secured in a manner which provides for uninterrupted propagation; 
</P>
<P>(2) Factory-made units shall be used as assembled and shall not be cut except that a single splice is permitted on the lead-in trunkline during dry conditions; and 
</P>
<P>(3) Connections between blastholes shall not be made until immediately prior to clearing the blast site when surface delay detonators are used. 
</P>
<P>(b) When the nonelectric initiation system uses detonating cord—
</P>
<P>(1) The line of detonating cord extending out of a blasthole shall be cut from the supply spool immediately after the attached explosive is correctly positioned in the hole; 
</P>
<P>(2) In multiple row blasts, the trunkline layout shall be designed so that the detonation can reach each blasthole from at least two directions; 
</P>
<P>(3) Connections shall be tight and kept at right angles to the trunkline; 
</P>
<P>(4) Detonators shall be attached securely to the side of the detonating cord and pointed in the direction in which detonation is to proceed; 
</P>
<P>(5) Connections between blastholes shall not be made until immediately prior to clearing the blast site when surface delay detonators are used; and 
</P>
<P>(6) Lead-in lines shall be manually unreeled if connected to the trunklines at the blast site. 
</P>
<P>(c) When nonelectric initiation systems use gas tube, continuity of the circuit shall be tested prior to blasting. 


</P>
</DIV8>


<DIV8 N="§ 57.6502" NODE="30:1.0.1.8.30.5.165.40" TYPE="SECTION">
<HEAD>§ 57.6502   Safety fuse.</HEAD>
<P>(a) The burning rate of each spool of safety fuse to be used shall be measured, posted in locations which will be conspicuous to safety fuse users, and brought to the attention of all persons involved with the blasting operation. 
</P>
<P>(b) When firing with safety fuse ignited individually using handheld lighters, the safety fuse shall be of lengths which provide at least the minimum burning time for a particular size round, as specified in the following table: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table E-1—Safety Fuse—Minimum Burning Time
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Number of holes in a round
</TH><TH class="gpotbl_colhed" scope="col">Minimum
<br/>burning time
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="left" class="gpotbl_cell">2 min. 
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2-5</TD><TD align="left" class="gpotbl_cell">2 min. 40 sec.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6-10</TD><TD align="left" class="gpotbl_cell">3 min. 20 sec.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">11 to 15</TD><TD align="left" class="gpotbl_cell">5 min.
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> For example, at least a 36-inch length of 40-second-per-foot safety fuse or at least a 48-inch length of 30-second-per-foot safety fuse would have to be used to allow sufficient time to evacuate the area.</P></DIV></DIV>
<P>(c) Where flyrock might damage exposed safety fuse, the blast shall be timed so that all safety fuses are burning within the blastholes before any blasthole detonates. 
</P>
<P>(d) Fuse shall be cut and capped in dry locations. 
</P>
<P>(e) Blasting caps shall be crimped to fuse only with implements designed for that purpose. 
</P>
<P>(f) Safety fuse shall be ignited only after the primer and the explosive material are securely in place. 
</P>
<P>(g) Safety fuse shall be ignited only with devices designed for that purpose. Carbide lights, liquefied petroleum gas torches, and cigarette lighters shall not be used to light safety fuse.
</P>
<P>(h) At least two persons shall be present when lighting safety fuse, and no one shall light more than 15 individual fuses. If more than 15 holes per person are to be fired, electric initiation systems, igniter cord and connectors, or other nonelectric initiation systems shall be used.


</P>
</DIV8>

</DIV7>


<DIV7 N="166" NODE="30:1.0.1.8.30.5.166" TYPE="SUBJGRP">
<HEAD>Extraneous Electricity—Surface and Underground</HEAD>


<DIV8 N="§ 57.6600" NODE="30:1.0.1.8.30.5.166.41" TYPE="SECTION">
<HEAD>§ 57.6600   Loading practices.</HEAD>
<P>If extraneous electricity is suspected in an area where electric detonators are used, loading shall be suspended until tests determine that stray current does not exceed 0.05 amperes through a 1-ohm resister when measured at the location of the electric detonators. If greater levels of extraneous electricity are found, the source shall be determined and no loading shall take place until the condition is corrected.


</P>
</DIV8>


<DIV8 N="§ 57.6601" NODE="30:1.0.1.8.30.5.166.42" TYPE="SECTION">
<HEAD>§ 57.6601   Grounding.</HEAD>
<P>Electric blasting circuits, including powerline sources when used, shall not be grounded.


</P>
</DIV8>


<DIV8 N="§ 57.6602" NODE="30:1.0.1.8.30.5.166.43" TYPE="SECTION">
<HEAD>§ 57.6602   Static electricity dissipation during loading.</HEAD>
<P>When explosive material is loaded pneumatically into a blasthole in a manner that generates a static electricity hazard—
</P>
<P>(a) An evaluation of the potential static electricity hazard shall be made and any hazard shall be eliminated before loading begins;
</P>
<P>(b) The loading hose shall be of a semiconductive type, have a total of not more than 2 megohms of resistance over its entire length and not less than 1000 ohms of resistance per foot;
</P>
<P>(c) Wire-countered hoses shall not be used;
</P>
<P>(d) Conductive parts of the loading equipment shall be bonded and grounded and grounds shall not be made to other potential sources of extraneous electricity; and
</P>
<P>(e) Plastic tubes shall not be used as hole liners if the hole contains an electric detonator.


</P>
</DIV8>


<DIV8 N="§ 57.6603" NODE="30:1.0.1.8.30.5.166.44" TYPE="SECTION">
<HEAD>§ 57.6603   Air gap.</HEAD>
<P>At least a 15-foot air gap shall be provided between the blasting circuit and the electric power source.


</P>
</DIV8>


<DIV8 N="§ 57.6604" NODE="30:1.0.1.8.30.5.166.45" TYPE="SECTION">
<HEAD>§ 57.6604   Precautions during storms.</HEAD>
<P>During the approach and progress of an electrical storm—
</P>
<P>(a) Surface blasting operations shall be suspended and persons withdrawn from the blast area or to a safe location; or
</P>
<P>(b) Underground electronic or electrical blasting operations that are capable of being initiated by lightning shall be suspended and all persons withdrawn from the blast area or to a safe location.
</P>
<CITA TYPE="N">[61 FR 36801, July 12, 1996, as amended at 85 FR 2027, Jan. 14, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 57.6605" NODE="30:1.0.1.8.30.5.166.46" TYPE="SECTION">
<HEAD>§ 57.6605   Isolation of blasting circuits.</HEAD>
<P>Lead wires and blasting lines shall be isolated and insulated from power conductors, pipelines, and railroad tracks, and shall be protected from sources of stray or static electricity. Blasting circuits shall be protected from any contact between firing lines and overhead powerlines which could result from the force of a blast.


</P>
</DIV8>

</DIV7>


<DIV7 N="167" NODE="30:1.0.1.8.30.5.167" TYPE="SUBJGRP">
<HEAD>Equipment/Tools—Surface and Underground</HEAD>


<DIV8 N="§ 57.6700" NODE="30:1.0.1.8.30.5.167.47" TYPE="SECTION">
<HEAD>§ 57.6700   Nonsparking tools.</HEAD>
<P>Only nonsparking tools shall be used to open containers of explosive material or to punch holes in explosive cartridges.


</P>
</DIV8>


<DIV8 N="§ 57.6701" NODE="30:1.0.1.8.30.5.167.48" TYPE="SECTION">
<HEAD>§ 57.6701   Tamping and loading pole requirements.</HEAD>
<P>Tamping and loading poles shall be of wood or other nonconductive, nonsparking material. Couplings for poles shall be nonsparking.


</P>
</DIV8>

</DIV7>


<DIV7 N="168" NODE="30:1.0.1.8.30.5.168" TYPE="SUBJGRP">
<HEAD>Maintenance—Surface and Underground</HEAD>


<DIV8 N="§ 57.6800" NODE="30:1.0.1.8.30.5.168.49" TYPE="SECTION">
<HEAD>§ 57.6800   Storage facilities.</HEAD>
<P>When repair work which could produce a spark or flame is to be performed on a storage facility—
</P>
<P>(a) The explosive material shall be moved to another facility, or moved at least 50 feet from the repair activity and monitored; and
</P>
<P>(b) The facility shall be cleaned to prevent accidental detonation.


</P>
</DIV8>


<DIV8 N="§ 57.6801" NODE="30:1.0.1.8.30.5.168.50" TYPE="SECTION">
<HEAD>§ 57.6801   Vehicle repair.</HEAD>
<P>Vehicles containing explosive material and oxidizers shall not be taken into a repair garage or shop.


</P>
</DIV8>


<DIV8 N="§ 57.6802" NODE="30:1.0.1.8.30.5.168.51" TYPE="SECTION">
<HEAD>§ 57.6802   Bulk delivery vehicles.</HEAD>
<P>No welding or cutting shall be performed on a bulk delivery vehicle until the vehicle has been washed down and all explosive material has been removed. Before welding or cutting on a hollow shaft, the shaft shall be thoroughly cleaned inside and out and vented with a minimum 
<FR>1/2</FR>-inch diameter opening to allow for sufficient ventilation.


</P>
</DIV8>


<DIV8 N="§ 57.6803" NODE="30:1.0.1.8.30.5.168.52" TYPE="SECTION">
<HEAD>§ 57.6803   Blasting lines.</HEAD>
<P>Permanent blasting lines shall be properly supported. All blasting lines shall be insulated and kept in good repair.


</P>
</DIV8>

</DIV7>


<DIV7 N="169" NODE="30:1.0.1.8.30.5.169" TYPE="SUBJGRP">
<HEAD>General Requirements—Surface and Underground</HEAD>


<DIV8 N="§ 57.6900" NODE="30:1.0.1.8.30.5.169.53" TYPE="SECTION">
<HEAD>§ 57.6900   Damaged or deteriorated explosive material.</HEAD>
<P>Damaged or deteriorated explosive material shall be disposed of in a safe manner in accordance with the instructions of the manufacturer.


</P>
</DIV8>


<DIV8 N="§ 57.6901" NODE="30:1.0.1.8.30.5.169.54" TYPE="SECTION">
<HEAD>§ 57.6901   Black powder.</HEAD>
<P>(a) Black powder shall be used for blasting only when a desired result cannot be obtained with another type of explosive, such as in quarrying certain types of dimension stone.
</P>
<P>(b) Containers of black powder shall be—
</P>
<P>(1) Nonsparking;
</P>
<P>(2) Kept in a totally enclosed cargo space while being transported by a vehicle;
</P>
<P>(3) Securely closed at all times when—
</P>
<P>(i) Within 50 feet of any magazine or open flame;
</P>
<P>(ii) Within any building in which a fuel-fired or exposed-element electric heater is operating; or
</P>
<P>(iii) In an area where electrical or incandescent-particle sparks could result in powder ignition; and
</P>
<P>(4) Opened only when the powder is being transferred to a blasthole or another container and only in locations not listed in paragraph (b)(3) of this section.
</P>
<P>(c) Black powder shall be transferred from containers only by pouring.
</P>
<P>(d) Spills shall be cleaned up promptly with nonsparking equipment. Contaminated powder shall be put into a container of water and shall be disposed of promptly after the granules have disintegrated, or the spill area shall be flushed promptly with water until the granules have disintegrated completely.
</P>
<P>(e) Misfires shall be disposed of by washing the stemming and powder charge from the blasthole, and removing and disposing of the initiator in accordance with the requirement for damaged explosives.
</P>
<P>(f) Holes shall not be reloaded for at least 12 hours when the blastholes have failed to break as planned.


</P>
</DIV8>


<DIV8 N="§ 57.6902" NODE="30:1.0.1.8.30.5.169.55" TYPE="SECTION">
<HEAD>§ 57.6902   Excessive temperatures.</HEAD>
<P>(a) Where heat could cause premature detonation, explosive material shall not be loaded into hot areas, such as kilns or sprung holes.
</P>
<P>(b) When blasting sulfide ores where hot holes occur that may react with explosive material in blastholes, operators shall—
</P>
<P>(1) Measure an appropriate number of blasthole temperatures in order to assess the specific mine conditions prior to the introduction of explosive material;
</P>
<P>(2) Limit the time between the completion of loading and the initiation of the blast to no more than 12 hours; and
</P>
<P>(3) Take other special precautions to address the specific conditions at the mine to prevent premature detonation.


</P>
</DIV8>


<DIV8 N="§ 57.6903" NODE="30:1.0.1.8.30.5.169.56" TYPE="SECTION">
<HEAD>§ 57.6903   Burning explosive material.</HEAD>
<P>If explosive material is suspected of burning at the blast site, persons shall be evacuated from the endangered area and shall not return for at least one hour after the burning or suspected burning has stopped.


</P>
</DIV8>


<DIV8 N="§ 57.6904" NODE="30:1.0.1.8.30.5.169.57" TYPE="SECTION">
<HEAD>§ 57.6904   Smoking and open flames.</HEAD>
<P>Smoking and use of open flames shall not be permitted within 50 feet of explosive material except when separated by permanent noncombustible barriers. This standard does not apply to devices designed to ignite safety fuse or to heating devices which do not create a fire or explosion hazard.


</P>
</DIV8>


<DIV8 N="§ 57.6905" NODE="30:1.0.1.8.30.5.169.58" TYPE="SECTION">
<HEAD>§ 57.6905   Protection of explosive material.</HEAD>
<P>(a) Explosive material shall be protected from temperatures in excess of 150 degrees Fahrenheit.
</P>
<P>(b) Explosive material shall be protected from impact, except for tamping and dropping during loading.


</P>
</DIV8>

</DIV7>


<DIV7 N="170" NODE="30:1.0.1.8.30.5.170" TYPE="SUBJGRP">
<HEAD>General Requirements—Underground Only</HEAD>


<DIV8 N="§ 57.6960" NODE="30:1.0.1.8.30.5.170.59" TYPE="SECTION">
<HEAD>§ 57.6960   Mixing of explosive material.</HEAD>
<P>(a) The mixing of ingredients to produce explosive material shall not be conducted underground unless prior approval of the MSHA district manager is obtained. In granting or withholding approval, the district manager shall consider the potential hazards created by—
</P>
<P>(1) The location of the stored material and the storage practices used;
</P>
<P>(2) The transportation and use of the explosive material;
</P>
<P>(3) The nature of the explosive material, including its sensitivity;
</P>
<P>(4) Any other factor deemed relevant to the safety of miners potentially exposed to the hazards associated with the mixing of the bulk explosive material underground.
</P>
<P>(b) Storage facilities for the ingredients to be mixed shall provide drainage away from the facilities for leaks and spills.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.8.30.6" TYPE="SUBPART">
<HEAD>Subpart F—Drilling and Rotary Jet Piercing</HEAD>


<DIV7 N="171" NODE="30:1.0.1.8.30.6.171" TYPE="SUBJGRP">
<HEAD>Drilling—Surface Only</HEAD>


<DIV8 N="§ 57.7002" NODE="30:1.0.1.8.30.6.171.1" TYPE="SECTION">
<HEAD>§ 57.7002   Equipment defects.</HEAD>
<P>Equipment defects affecting safety shall be corrected before the equipment is used.


</P>
</DIV8>


<DIV8 N="§ 57.7003" NODE="30:1.0.1.8.30.6.171.2" TYPE="SECTION">
<HEAD>§ 57.7003   Drill area inspection.</HEAD>
<P>The drilling area shall be inspected for hazards before starting the drilling operations.


</P>
</DIV8>


<DIV8 N="§ 57.7004" NODE="30:1.0.1.8.30.6.171.3" TYPE="SECTION">
<HEAD>§ 57.7004   Drill mast.</HEAD>
<P>Persons shall not be on a mast while the drill-bit is in operation unless they are provided with a safe platform from which to work and they are required to use safety belts to avoid falling. 


</P>
</DIV8>


<DIV8 N="§ 57.7005" NODE="30:1.0.1.8.30.6.171.4" TYPE="SECTION">
<HEAD>§ 57.7005   Augers and drill stems.</HEAD>
<P>Drill crews and others shall stay clear of augers or drill stems that are in motion. Persons shall not pass under or step over a moving stem or auger.


</P>
</DIV8>


<DIV8 N="§ 57.7008" NODE="30:1.0.1.8.30.6.171.5" TYPE="SECTION">
<HEAD>§ 57.7008   Moving the drill.</HEAD>
<P>When a drill is being moved from one drilling area to another, drill steel, tools, and other equipment shall be secured and the mast placed in a safe position.


</P>
</DIV8>


<DIV8 N="§ 57.7009" NODE="30:1.0.1.8.30.6.171.6" TYPE="SECTION">
<HEAD>§ 57.7009   Drill helpers.</HEAD>
<P>If a drill helper assists the drill operator during movement of a drill to a new location, the helper shall be in sight of, or in communication with, the operator at all times.


</P>
</DIV8>


<DIV8 N="§ 57.7010" NODE="30:1.0.1.8.30.6.171.7" TYPE="SECTION">
<HEAD>§ 57.7010   Power failures.</HEAD>
<P>In the event of power failure, drill controls shall be placed in the neutral position until power is restored.


</P>
</DIV8>


<DIV8 N="§ 57.7011" NODE="30:1.0.1.8.30.6.171.8" TYPE="SECTION">
<HEAD>§ 57.7011   Straightening crossed cables.</HEAD>
<P>The drill stem shall be resting on the bottom of the hole or on the platform with the stem secured to the mast before attempts are made to straighten a crossed cable on a reel.


</P>
</DIV8>


<DIV8 N="§ 57.7012" NODE="30:1.0.1.8.30.6.171.9" TYPE="SECTION">
<HEAD>§ 57.7012   Tending drills in operation.</HEAD>
<P>While in operation, drills shall be attended at all times.


</P>
</DIV8>


<DIV8 N="§ 57.7013" NODE="30:1.0.1.8.30.6.171.10" TYPE="SECTION">
<HEAD>§ 57.7013   Covering or guarding drill holes.</HEAD>
<P>Drill holes large enough to constitute a hazard shall be covered or guarded.


</P>
</DIV8>


<DIV8 N="§ 57.7018" NODE="30:1.0.1.8.30.6.171.11" TYPE="SECTION">
<HEAD>§ 57.7018   Hand clearance.</HEAD>
<P>Persons shall not hold the drill steel while collaring holes, or rest their hands on the chuck or centralizer while drilling.


</P>
</DIV8>

</DIV7>


<DIV7 N="172" NODE="30:1.0.1.8.30.6.172" TYPE="SUBJGRP">
<HEAD>Drilling—Underground Only</HEAD>


<DIV8 N="§ 57.7028" NODE="30:1.0.1.8.30.6.172.12" TYPE="SECTION">
<HEAD>§ 57.7028   Hand clearance.</HEAD>
<P>Persons shall not rest their hands on the chuck or centralizer while drilling.


</P>
</DIV8>


<DIV8 N="§ 57.7032" NODE="30:1.0.1.8.30.6.172.13" TYPE="SECTION">
<HEAD>§ 57.7032   Anchoring.</HEAD>
<P>Columns and the drills mounted on them shall be anchored firmly before and during drilling.


</P>
</DIV8>

</DIV7>


<DIV7 N="173" NODE="30:1.0.1.8.30.6.173" TYPE="SUBJGRP">
<HEAD>Drilling—Surface and Underground</HEAD>


<DIV8 N="§ 57.7050" NODE="30:1.0.1.8.30.6.173.14" TYPE="SECTION">
<HEAD>§ 57.7050   Tool and drill steel racks.</HEAD>
<P>Receptacles or racks shall be provided for drill steel and tools stored or carried on drills.


</P>
</DIV8>


<DIV8 N="§ 57.7051" NODE="30:1.0.1.8.30.6.173.15" TYPE="SECTION">
<HEAD>§ 57.7051   Loose objects on the mast or drill platform.</HEAD>
<P>To prevent injury to personnel, tools and other objects shall not be left loose on the mast or drill platform.


</P>
</DIV8>


<DIV8 N="§ 57.7052" NODE="30:1.0.1.8.30.6.173.16" TYPE="SECTION">
<HEAD>§ 57.7052   Drilling positions.</HEAD>
<P>Persons shall not drill from—
</P>
<P>(a) Positions which hinder their access to the control levers;
</P>
<P>(b) Insecure footing or insecure staging; or
</P>
<P>(c) Atop equipment not suitable for drilling.


</P>
</DIV8>


<DIV8 N="§ 57.7053" NODE="30:1.0.1.8.30.6.173.17" TYPE="SECTION">
<HEAD>§ 57.7053   Moving hand-held drills.</HEAD>
<P>Before hand-held drills are moved from one working area to another, air shall be turned off and bled from the hose.


</P>
</DIV8>


<DIV8 N="§ 57.7054" NODE="30:1.0.1.8.30.6.173.18" TYPE="SECTION">
<HEAD>§ 57.7054   Starting or moving drill equipment.</HEAD>
<P>Drill operators shall not start or move drilling equipment unless all miners are in the clear.


</P>
</DIV8>


<DIV8 N="§ 57.7055" NODE="30:1.0.1.8.30.6.173.19" TYPE="SECTION">
<HEAD>§ 57.7055   Intersecting holes.</HEAD>
<P>Holes shall not be drilled where there is a danger of intersecting a misfired hole or a hole containing explosives, blasting agents, or detonators. 
</P>
<CITA TYPE="N">[56 FR 46517, Sept. 12, 1991; 56 FR 52193, Oct. 18, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 57.7056" NODE="30:1.0.1.8.30.6.173.20" TYPE="SECTION">
<HEAD>§ 57.7056   Collaring in bootlegs.</HEAD>
<P>Holes shall not be collared in bootlegs.
</P>
<CITA TYPE="N">[56 FR 46517, Sept. 12, 1991]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="174" NODE="30:1.0.1.8.30.6.174" TYPE="SUBJGRP">
<HEAD>Rotary Jet Piercing—Surface Only</HEAD>


<DIV8 N="§ 57.7801" NODE="30:1.0.1.8.30.6.174.21" TYPE="SECTION">
<HEAD>§ 57.7801   Jet drills.</HEAD>
<P>Jet piercing drills shall be provided with:
</P>
<P>(a) A system to pressurize the equipment operator's cab, when a cab is provided; and
</P>
<P>(b) A protective cover over the oxygen flow indicator.


</P>
</DIV8>


<DIV8 N="§ 57.7802" NODE="30:1.0.1.8.30.6.174.22" TYPE="SECTION">
<HEAD>§ 57.7802   Oxygen hose lines.</HEAD>
<P>Safety chains or other suitable locking devices shall be provided across connections to and between high pressure oxygen hose lines of 1-inch inside diameter or larger. 


</P>
</DIV8>


<DIV8 N="§ 57.7803" NODE="30:1.0.1.8.30.6.174.23" TYPE="SECTION">
<HEAD>§ 57.7803   Lighting the burner.</HEAD>
<P>A suitable means of protection shall be provided for the employee when lighting the burner.


</P>
</DIV8>


<DIV8 N="§ 57.7804" NODE="30:1.0.1.8.30.6.174.24" TYPE="SECTION">
<HEAD>§ 57.7804   Refueling.</HEAD>
<P>When rotary jet piercing equipment requires refueling at locations other than fueling stations, a system for fueling without spillage shall be provided. 


</P>
</DIV8>


<DIV8 N="§ 57.7805" NODE="30:1.0.1.8.30.6.174.25" TYPE="SECTION">
<HEAD>§ 57.7805   Smoking and open flames.</HEAD>
<P>Persons shall not smoke and open flames shall not be used in the vicinity of the oxygen storage and supply lines. Signs warning against smoking and open flames shall be posted in these areas.


</P>
</DIV8>


<DIV8 N="§ 57.7806" NODE="30:1.0.1.8.30.6.174.26" TYPE="SECTION">
<HEAD>§ 57.7806   Oxygen intake coupling.</HEAD>
<P>The oxygen intake coupling on jet piercing drills shall be constructed so that only the oxygen hose can be coupled to it.


</P>
</DIV8>


<DIV8 N="§ 57.7807" NODE="30:1.0.1.8.30.6.174.27" TYPE="SECTION">
<HEAD>§ 57.7807   Flushing the combustion chamber.</HEAD>
<P>The combustion chamber of a jet drill stem which has been sitting unoperated in a drill hole shall be flushed with a suitable solvent after the stem is pulled up.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="G" NODE="30:1.0.1.8.30.7" TYPE="SUBPART">
<HEAD>Subpart G—Ventilation</HEAD>


<DIV7 N="175" NODE="30:1.0.1.8.30.7.175" TYPE="SUBJGRP">
<HEAD>Surface and Underground</HEAD>


<DIV8 N="§ 57.8518" NODE="30:1.0.1.8.30.7.175.1" TYPE="SECTION">
<HEAD>§ 57.8518   Main and booster fans.</HEAD>
<P>(a) All mine main and booster fans installed and used to ventilate the active workings of the mine shall be operated continuously while persons are underground in the active workings. However, this provision is not applicable during scheduled production-cycle shutdowns or planned or scheduled fan maintenance or fan adjustments where air quality is maintained in compliance with the applicable standards of subpart D of this part and all persons underground in the affected areas are advised in advance of such scheduled or planned fan shutdowns, maintenance, or adjustments. 
</P>
<P>(b) In the event of main or booster fan failure due to a malfunction, accident, power failure, or other such unplanned or unscheduled event:
</P>
<P>(1) The air quality in the affected active workings shall be tested at least within 2-hours of the discovery of the fan failure, and at least every 4-hours thereafter by a competent person for compliance with the requirements of the applicable standards of subpart D of this part until normal ventilation is restored, or
</P>
<P>(2) All persons, except those working on the fan, shall be withdrawn, the ventilation shall be restored to normal and the air quality in the affected active workings shall be tested by a competent person to assure that the air quality meets the requirements of the standards in subpart D of this part, before any other persons are permitted to enter the affected active workings.


</P>
</DIV8>


<DIV8 N="§ 57.8519" NODE="30:1.0.1.8.30.7.175.2" TYPE="SECTION">
<HEAD>§ 57.8519   Underground main fan controls.</HEAD>
<P>All underground main fans shall have controls placed at a suitable protected location remote from the fan and preferably on the surface.


</P>
</DIV8>

</DIV7>


<DIV7 N="176" NODE="30:1.0.1.8.30.7.176" TYPE="SUBJGRP">
<HEAD>Underground Only</HEAD>


<DIV8 N="§ 57.8520" NODE="30:1.0.1.8.30.7.176.3" TYPE="SECTION">
<HEAD>§ 57.8520   Ventilation plan.</HEAD>
<P>A plan of the mine ventilation system shall be set out by the operator in written form. Revisions of the system shall be noted and updated at least annually. The ventilation plan or revisions thereto shall be submitted to the District Manager for review and comments upon his written request. The plan shall, where applicable, contain the following:
</P>
<P>(a) The mine name.
</P>
<P>(b) The current mine map or schematic or series of mine maps or schematics of an appropriate scale, not greater than five hundred feet to the inch, showing:
</P>
<P>(1) Direction and quantity of principal air flows;
</P>
<P>(2) Locations of seals used to isolate abandoned workings;
</P>
<P>(3) Locations of areas withdrawn from the ventilation system;
</P>
<P>(4) Locations of all main, booster and auxiliary fans not shown in paragraph (d) of this standard.
</P>
<P>(5) Locations of air regulators and stoppings and ventilation doors not shown in paragraph (d) of this standard;
</P>
<P>(6) Locations of overcasts, undercasts and other airway crossover devices not shown in paragraph (d) of this standard;
</P>
<P>(7) Locations of known oil or gas wells;
</P>
<P>(8) Locations of known underground mine openings adjacent to the mine;
</P>
<P>(9) Locations of permanent underground shops, diesel fuel storage depots, oil fuel storage depots, hoist rooms, compressors, battery charging stations and explosive storage facilities. Permanent facilities are those intended to exist for one year or more; and
</P>
<P>(10) Significant changes in the ventilation system projected for one year.
</P>
<P>(c) Mine fan data for all active main and booster fans including manufacturer's name, type, size, fan speed, blade setting, approximate pressure at present operating point, and motor brake horsepower rating.
</P>
<P>(d) Diagrams, descriptions or sketches showing how ventilation is accomplished in each typical type of working place including the approximate quantity of air provided, and typical size and type of auxiliary fans used.
</P>
<P>(e) The number and type of internal combustion engine units used underground, including make and model of unit, type of engine, make and model of engine, brake horsepower rating of engine, and approval number.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 57.8525" NODE="30:1.0.1.8.30.7.176.4" TYPE="SECTION">
<HEAD>§ 57.8525   Main fan maintenance.</HEAD>
<P>Main fans shall be maintained according to either the manufacturer's recommendations or a written periodic schedule adopted by the operator which shall be available at the operation on request of the Secretary or his authorized representative. 
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 57.8527" NODE="30:1.0.1.8.30.7.176.5" TYPE="SECTION">
<HEAD>§ 57.8527   Oxygen-deficiency testing.</HEAD>
<P>Flame safety lamps or other suitable devices shall be used to test for acute oxygen deficiency.


</P>
</DIV8>


<DIV8 N="§ 57.8528" NODE="30:1.0.1.8.30.7.176.6" TYPE="SECTION">
<HEAD>§ 57.8528   Unventilated areas.</HEAD>
<P>Unventilated areas shall be sealed, or barricaded and posted against entry.


</P>
</DIV8>


<DIV8 N="§ 57.8529" NODE="30:1.0.1.8.30.7.176.7" TYPE="SECTION">
<HEAD>§ 57.8529   Auxiliary fan systems.</HEAD>
<P>When auxiliary fan systems are used, such systems shall minimize recirculation and be maintained to provide ventilation air that effectively sweeps the working places.


</P>
</DIV8>


<DIV8 N="§ 57.8531" NODE="30:1.0.1.8.30.7.176.8" TYPE="SECTION">
<HEAD>§ 57.8531   Construction and maintenance of ventilation doors.</HEAD>
<P>Ventilation doors shall be—
</P>
<P>(a) Substantially constructed;
</P>
<P>(b) Covered with fire-retardant material, if constructed of wood;
</P>
<P>(c) Maintained in good condition;
</P>
<P>(d) Self-closing, if manually operated; and
</P>
<P>(e) Equipped with audible or visual warning devices, if mechanically operated.


</P>
</DIV8>


<DIV8 N="§ 57.8532" NODE="30:1.0.1.8.30.7.176.9" TYPE="SECTION">
<HEAD>§ 57.8532   Opening and closing ventilation doors.</HEAD>
<P>When ventilation control doors are opened as a part of the normal mining cycle, they shall be closed as soon as possible to re-establish normal ventilation to working places.


</P>
</DIV8>


<DIV8 N="§ 57.8534" NODE="30:1.0.1.8.30.7.176.10" TYPE="SECTION">
<HEAD>§ 57.8534   Shutdown or failure of auxiliary fans.</HEAD>
<P>(a) Auxiliary fans installed and used to ventilate the active workings of the mine shall be operated continuously while persons are underground in the active workings, <I>except</I> for scheduled production-cycle shutdowns or planned or scheduled fan maintenance or fan adjustments where air quality is maintained in compliance with the applicable standards of subpart D of this part, and all persons underground in the affected areas are advised in advance of such scheduled or planned fan shutdowns, maintenance, or adjustments.
</P>
<P>(b) In the event of auxiliary fan failure due to malfunction, accident, power failure, or other such unplanned or unscheduled event:
</P>
<P>(1) The air quality in the affected active workings shall be tested at least within 2 hours of the discovery of the fan failure, and at least every 4 hours thereafter by a competent person for compliance with the requirements of the applicable standards of subpart D of this part until normal ventilation is restored, or
</P>
<P>(2) All persons, except those working on the fan, shall be withdrawn, the ventilation shall be restored to normal and the air quality in the affected active workings shall be tested by a competent person to assure that the air quality meets the requirements of the standards in subpart D of this part, before any other persons are permitted to enter the affected active workings.


</P>
</DIV8>


<DIV8 N="§ 57.8535" NODE="30:1.0.1.8.30.7.176.11" TYPE="SECTION">
<HEAD>§ 57.8535   Seals.</HEAD>
<P>Seals shall be provided with a means for checking the quality of air behind the seal and a means to prevent a water head from developing unless the seal is designed to impound water.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="H" NODE="30:1.0.1.8.30.8" TYPE="SUBPART">
<HEAD>Subpart H—Loading, Hauling, and Dumping</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 32526, Aug. 25, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV7 N="177" NODE="30:1.0.1.8.30.8.177" TYPE="SUBJGRP">
<HEAD>Traffic Safety</HEAD>


<DIV8 N="§ 57.9100" NODE="30:1.0.1.8.30.8.177.1" TYPE="SECTION">
<HEAD>§ 57.9100   Traffic control.</HEAD>
<P>To provide for the safe movement of self-propelled mobile equipment—
</P>
<P>(a) Rules governing speed, right-of-way, direction of movement, and the use of headlights to assure appropriate visibility, shall be established and followed at each mine; and
</P>
<P>(b) Signs or signals that warn of hazardous conditions shall be placed at appropriate locations at each mine.


</P>
</DIV8>


<DIV8 N="§ 57.9101" NODE="30:1.0.1.8.30.8.177.2" TYPE="SECTION">
<HEAD>§ 57.9101   Operating speeds and control of equipment.</HEAD>
<P>Operators of self-propelled mobile equipment shall maintain control of the equipment while it is in motion. Operating speeds shall be consistent with conditions of roadways, tracks, grades, clearance, visibility, and traffic, and the type of equipment used.


</P>
</DIV8>


<DIV8 N="§ 57.9102" NODE="30:1.0.1.8.30.8.177.3" TYPE="SECTION">
<HEAD>§ 57.9102   Movement of independently operating rail equipment.</HEAD>
<P>Movement of two or more pieces of rail equipment operating independently on the same track shall be controlled for safe operation.


</P>
</DIV8>


<DIV8 N="§ 57.9103" NODE="30:1.0.1.8.30.8.177.4" TYPE="SECTION">
<HEAD>§ 57.9103   Clearance on adjacent tracks.</HEAD>
<P>Railcars shall not be left on side tracks unless clearance is provided for traffic on adjacent tracks. 


</P>
</DIV8>


<DIV8 N="§ 57.9104" NODE="30:1.0.1.8.30.8.177.5" TYPE="SECTION">
<HEAD>§ 57.9104   Railroad crossings.</HEAD>
<P>Designated railroad crossings shall be posted with warning signs or signals, or shall be guarded when trains are passing. These crossings shall also be planked or filled between the rails. 


</P>
</DIV8>


<DIV8 N="§ 57.9160" NODE="30:1.0.1.8.30.8.177.6" TYPE="SECTION">
<HEAD>§ 57.9160   Train movement during shift changes.</HEAD>
<P>During shift changes, the movement of underground trains carrying rock or material shall be limited to areas where the trains do not present a hazard to persons changing shifts. 


</P>
</DIV8>

</DIV7>


<DIV7 N="178" NODE="30:1.0.1.8.30.8.178" TYPE="SUBJGRP">
<HEAD>Transportation of Persons and Materials</HEAD>


<DIV8 N="§ 57.9200" NODE="30:1.0.1.8.30.8.178.7" TYPE="SECTION">
<HEAD>§ 57.9200   Transporting persons.</HEAD>
<P>Persons shall not be transported— 
</P>
<P>(a) In or on dippers, forks, clamshells, or buckets except shaft buckets during shaft-sinking operations or during inspection, maintenance and repair of shafts. 
</P>
<P>(b) In beds of mobile equipment or railcars, unless— 
</P>
<P>(1) Provisions are made for secure travel, and 
</P>
<P>(2) Means are taken to prevent accidental unloading if the equipment is provided with unloading devices; 
</P>
<P>(c) On top of loads in mobile equipment; 
</P>
<P>(d) Outside cabs, equipment operators' stations, and beds of mobile equipment, except when necessary for maintenance, testing, or training purposes, and provisions are made for secure travel. This provision does not apply to rail equipment. 
</P>
<P>(e) Between cars of trains, on the leading end of trains, on the leading end of a single railcar, or in other locations on trains that expose persons to hazards from train movement. 
</P>
<P>(1) This paragraph does not apply to car droppers if they are secured with safety belts and lines which prevent them from falling off the work platform. 
</P>
<P>(2) Brakemen and trainmen are prohibited from riding between cars of moving trains but may ride on the leading end of trains or other locations when necessary to perform their duties; 
</P>
<P>(f) To and from work areas in overcrowded mobile equipment; 
</P>
<P>(g) In mobile equipment with materials or equipment unless the items are secured or are small and can be carried safely by hand without creating a hazard to persons; or 
</P>
<P>(h) On conveyors unless the conveyors are designed to provide for their safe transportation. 


</P>
</DIV8>


<DIV8 N="§ 57.9201" NODE="30:1.0.1.8.30.8.178.8" TYPE="SECTION">
<HEAD>§ 57.9201   Loading, hauling, and unloading of equipment or supplies.</HEAD>
<P>Equipment and supplies shall be loaded, transported, and unloaded in a manner which does not create a hazard to persons from falling or shifting equipment or supplies. 


</P>
</DIV8>


<DIV8 N="§ 57.9202" NODE="30:1.0.1.8.30.8.178.9" TYPE="SECTION">
<HEAD>§ 57.9202   Loading and hauling large rocks.</HEAD>
<P>Large rocks shall be broken before loading if they could endanger persons or affect the stability of mobile equipment. Mobile equipment used for haulage of mined material shall be loaded to minimize spillage where a hazard to persons could be created. 


</P>
</DIV8>


<DIV8 N="§ 57.9260" NODE="30:1.0.1.8.30.8.178.10" TYPE="SECTION">
<HEAD>§ 57.9260   Supplies, materials, and tools on mantrips.</HEAD>
<P>Supplies, materials, and tools, other than small items that can be carried by hand, shall not be transported underground with persons in mantrips. Mantrips shall be operated independently of ore or supply trips. 


</P>
</DIV8>


<DIV8 N="§ 57.9261" NODE="30:1.0.1.8.30.8.178.11" TYPE="SECTION">
<HEAD>§ 57.9261   Transporting tools and materials on locomotives.</HEAD>
<P>Tools or materials shall not be carried on top of locomotives underground except for secured rerailing devices located in a manner which does not create a hazard to persons. 


</P>
</DIV8>

</DIV7>


<DIV7 N="179" NODE="30:1.0.1.8.30.8.179" TYPE="SUBJGRP">
<HEAD>Safety Devices, Provisions, and Procedures for Roadways, Railroads, and Loading and Dumping Sites</HEAD>


<DIV8 N="§ 57.9300" NODE="30:1.0.1.8.30.8.179.12" TYPE="SECTION">
<HEAD>§ 57.9300   Berms or guardrails.</HEAD>
<P>(a) Berms or guardrails shall be provided and maintained on the banks of roadways where a drop-off exists of sufficient grade or depth to cause a vehicle to overturn or endanger persons in equipment. 
</P>
<P>(b) Berms or guardrails shall be at least mid-axle height of the largest self-propelled mobile equipment which usually travels the roadway. 
</P>
<P>(c) Berms may have openings to the extent necessary for roadway drainage. 
</P>
<P>(d) Where elevated roadways are infrequently traveled and used only by service or maintenance vehicles, berms or guardrails are not required when all of the following are met:
</P>
<P>(1) Locked gates are installed at the entrance points to the roadway.
</P>
<P>(2) Signs are posted warning that the roadway is not bermed.
</P>
<P>(3) Delineators are installed along the perimeter of the elevated roadway so that, for both directions of travel, the reflective surfaces of at least three delineators along each elevated shoulder are always visible to the driver and spaced at intervals sufficient to indicate the edges and attitude of the roadway.
</P>
<P>(4) A maximum speed limit is posted and observed for the elevated unbermed portions of the roadway. Factors to consider when establishing the maximum speed limit shall include the width, slope and alignment of the road, the type of equipment using the road, the road material, and any hazardous conditions which may exist.
</P>
<P>(5) Road surface traction is not impaired by weather conditions, such as sleet and snow, unless corrective measures, such as the use of tire chains, plowing, or sanding, are taken to improve traction.
</P>
<P>(e) This standard is not applicable to rail beds. 
</P>
<CITA TYPE="N">[53 FR 32526, Aug. 25, 1988, as amended at 55 FR 37218, Sept. 7, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 57.9301" NODE="30:1.0.1.8.30.8.179.13" TYPE="SECTION">
<HEAD>§ 57.9301   Dump site restraints.</HEAD>
<P>Berms, bumper blocks, safety hooks, or similar impeding devices shall be provided at dumping locations where there is a hazard of overtravel or overturning. 


</P>
</DIV8>


<DIV8 N="§ 57.9302" NODE="30:1.0.1.8.30.8.179.14" TYPE="SECTION">
<HEAD>§ 57.9302   Protection against moving or runaway railroad equipment.</HEAD>
<P>Stopblocks, derail devices, or other devices that protect against moving or runaway rail equipment shall be installed wherever necessary to protect persons. 


</P>
</DIV8>


<DIV8 N="§ 57.9303" NODE="30:1.0.1.8.30.8.179.15" TYPE="SECTION">
<HEAD>§ 57.9303   Construction of ramps and dumping facilities.</HEAD>
<P>Ramps and dumping facilities shall be designed and constructed of materials capable of supporting the loads to which they will be subjected. The ramps and dumping facilities shall provide width, clearance, and headroom to safely accommodate the mobile equipment using the facilities. 


</P>
</DIV8>


<DIV8 N="§ 57.9304" NODE="30:1.0.1.8.30.8.179.16" TYPE="SECTION">
<HEAD>§ 57.9304   Unstable ground.</HEAD>
<P>(a) Dumping locations shall be visually inspected prior to work commencing and as ground conditions warrant. 
</P>
<P>(b) Where there is evidence that the ground at a dumping location may fail to support the mobile equipment, loads shall be dumped a safe distance back from the edge of the unstable area of the bank. 


</P>
</DIV8>


<DIV8 N="§ 57.9305" NODE="30:1.0.1.8.30.8.179.17" TYPE="SECTION">
<HEAD>§ 57.9305   Truck spotters.</HEAD>
<P>(a) If truck spotters are used, they shall be in the clear while trucks are backing into dumping position or dumping. 
</P>
<P>(b) Spotters shall use signal lights to direct trucks where visibility is limited. 
</P>
<P>(c) When a truck operator cannot clearly recognize the spotter's signals, the truck shall be stopped. 


</P>
</DIV8>


<DIV8 N="§ 57.9306" NODE="30:1.0.1.8.30.8.179.18" TYPE="SECTION">
<HEAD>§ 57.9306   Warning devices for restricted clearances.</HEAD>
<P>Where restricted clearance creates a hazard to persons on mobile equipment, warning devices shall be installed in advance of the restricted area and the restricted area shall be conspicuously marked. 


</P>
</DIV8>


<DIV8 N="§ 57.9307" NODE="30:1.0.1.8.30.8.179.19" TYPE="SECTION">
<HEAD>§ 57.9307   Design, installation, and maintenance of railroads.</HEAD>
<P>Roadbeds and all elements of the railroad tracks shall be designed, installed, and maintained to provide safe operation consistent with the speed and type of haulage used. 


</P>
</DIV8>


<DIV8 N="§ 57.9308" NODE="30:1.0.1.8.30.8.179.20" TYPE="SECTION">
<HEAD>§ 57.9308   Switch throws.</HEAD>
<P>Switch throws shall be installed to provide clearance to protect switchmen from contact with moving trains. 


</P>
</DIV8>


<DIV8 N="§ 57.9309" NODE="30:1.0.1.8.30.8.179.21" TYPE="SECTION">
<HEAD>§ 57.9309   Chute design.</HEAD>
<P>Chute-loading installations shall be designed to provide a safe location for persons pulling chutes. 


</P>
</DIV8>


<DIV8 N="§ 57.9310" NODE="30:1.0.1.8.30.8.179.22" TYPE="SECTION">
<HEAD>§ 57.9310   Chute hazards.</HEAD>
<P>(a) Prior to chute-pulling, persons who could be affected by the draw or otherwise exposed to danger shall be warned and given time to clear the hazardous area. 
</P>
<P>(b) Persons attempting to free chute hangups shall be experienced and familiar with the task, know the hazards involved, and use the proper tools to free material. 
</P>
<P>(c) When broken rock or material is dumped into an empty chute, the chute shall be equipped with a guard or all persons shall be isolated from the hazard of flying rock or material. 


</P>
</DIV8>


<DIV8 N="§ 57.9311" NODE="30:1.0.1.8.30.8.179.23" TYPE="SECTION">
<HEAD>§ 57.9311   Anchoring stationary sizing devices.</HEAD>
<P>Grizzlies and other stationary sizing devices shall be securely anchored. 


</P>
</DIV8>


<DIV8 N="§ 57.9312" NODE="30:1.0.1.8.30.8.179.24" TYPE="SECTION">
<HEAD>§ 57.9312   Working around drawholes.</HEAD>
<P>Unless platforms or safety lines are used, persons shall not position themselves over drawholes if there is danger that broken rock or material may be withdrawn or bridged. 


</P>
</DIV8>


<DIV8 N="§ 57.9313" NODE="30:1.0.1.8.30.8.179.25" TYPE="SECTION">
<HEAD>§ 57.9313   Roadway maintenance.</HEAD>
<P>Water, debris, or spilled material on roadways which creates hazards to the operation of mobile equipment shall be removed. 


</P>
</DIV8>


<DIV8 N="§ 57.9314" NODE="30:1.0.1.8.30.8.179.26" TYPE="SECTION">
<HEAD>§ 57.9314   Trimming stockpile and muckpile faces.</HEAD>
<P>Stockpile and muckpile faces shall be trimmed to prevent hazards to persons. 


</P>
</DIV8>


<DIV8 N="§ 57.9315" NODE="30:1.0.1.8.30.8.179.27" TYPE="SECTION">
<HEAD>§ 57.9315   Dust control.</HEAD>
<P>Dust shall be controlled at muck piles, material transfer points, crushers, and on haulage roads where hazards to persons would be created as a result of impaired visibility. 


</P>
</DIV8>


<DIV8 N="§ 57.9316" NODE="30:1.0.1.8.30.8.179.28" TYPE="SECTION">
<HEAD>§ 57.9316   Notifying the equipment operator.</HEAD>
<P>When an operator of self-propelled mobile equipment is present, persons shall notify the equipment operator before getting on or off that equipment. 


</P>
</DIV8>


<DIV8 N="§ 57.9317" NODE="30:1.0.1.8.30.8.179.29" TYPE="SECTION">
<HEAD>§ 57.9317   Suspended loads.</HEAD>
<P>Persons shall not work or pass under the buckets or booms of loaders in operation. 


</P>
</DIV8>


<DIV8 N="§ 57.9318" NODE="30:1.0.1.8.30.8.179.30" TYPE="SECTION">
<HEAD>§ 57.9318   Getting on or off moving equipment.</HEAD>
<P>Persons shall not get on or off moving mobile equipment. This provision does not apply to trainmen, brakemen, and car droppers who are required to get on or off slowly moving trains in the performance of their work duties. 


</P>
</DIV8>


<DIV8 N="§ 57.9319" NODE="30:1.0.1.8.30.8.179.31" TYPE="SECTION">
<HEAD>§ 57.9319   Going over, under, or between railcars.</HEAD>
<P>Persons shall not go over, under, or between railcars unless— 
</P>
<P>(a) The train is stopped; and 
</P>
<P>(b) The train operator, when present, is notified and the notice acknowledged. 


</P>
</DIV8>


<DIV8 N="§ 57.9330" NODE="30:1.0.1.8.30.8.179.32" TYPE="SECTION">
<HEAD>§ 57.9330   Clearance for surface equipment.</HEAD>
<P>Continuous clearance of at least 30 inches from the farthest projection of moving railroad equipment shall be provided on at least one side of the tracks at all locations where possible or the area shall be marked conspicuously. 


</P>
</DIV8>


<DIV8 N="§ 57.9360" NODE="30:1.0.1.8.30.8.179.33" TYPE="SECTION">
<HEAD>§ 57.9360   Shelter holes.</HEAD>
<P>(a) Shelter holes shall be— 
</P>
<P>(1) Provided at intervals adequate to assure the safety of persons along underground haulageways where continuous clearance of at least 30 inches cannot be maintained from the farthest projection of moving equipment on at least one side of the haulageway; and 
</P>
<P>(2) At least four feet wide, marked conspicuously, and provide a minimum 40-inch clearance from the farthest projection of moving equipment. 
</P>
<P>(b) Shelter holes shall not be used for storage unless a 40-inch clearance is maintained. 


</P>
</DIV8>


<DIV8 N="§ 57.9361" NODE="30:1.0.1.8.30.8.179.34" TYPE="SECTION">
<HEAD>§ 57.9361   Drawholes.</HEAD>
<P>To prevent hazards to persons underground, collars of open drawholes shall be free of muck or materials except during transfer of the muck or material through the drawhole. 


</P>
</DIV8>


<DIV8 N="§ 57.9362" NODE="30:1.0.1.8.30.8.179.35" TYPE="SECTION">
<HEAD>§ 57.9362   Protection of signalmen.</HEAD>
<P>Signalmen used during slushing operations underground shall be located away from possible contact with cables, sheaves, and slusher buckets. 


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="I" NODE="30:1.0.1.8.30.9" TYPE="SUBPART">
<HEAD>Subpart I—Aerial Tramways</HEAD>


<DIV8 N="§ 57.10001" NODE="30:1.0.1.8.30.9.180.1" TYPE="SECTION">
<HEAD>§ 57.10001   Filling buckets.</HEAD>
<P>Buckets shall not be overloaded, and feed shall be regulated to prevent spillage.


</P>
</DIV8>


<DIV8 N="§ 57.10002" NODE="30:1.0.1.8.30.9.180.2" TYPE="SECTION">
<HEAD>§ 57.10002   Inspection and maintenance.</HEAD>
<P>Inspection and maintenance of carriers (including loading and unloading mechanisms), ropes and supports, and brakes shall be performed by competent persons according to the recommendations of the manufacturer.


</P>
</DIV8>


<DIV8 N="§ 57.10003" NODE="30:1.0.1.8.30.9.180.3" TYPE="SECTION">
<HEAD>§ 57.10003   Correction of defects.</HEAD>
<P>Any hazardous defects shall be corrected before the equipment is used. 


</P>
</DIV8>


<DIV8 N="§ 57.10004" NODE="30:1.0.1.8.30.9.180.4" TYPE="SECTION">
<HEAD>§ 57.10004   Brakes.</HEAD>
<P>Positive-action-type brakes and devices which apply the brakes automatically in the event of a power failure shall be provided on aerial tramways.


</P>
</DIV8>


<DIV8 N="§ 57.10005" NODE="30:1.0.1.8.30.9.180.5" TYPE="SECTION">
<HEAD>§ 57.10005   Track cable connections.</HEAD>
<P>Track cable connections shall not obstruct the passage of carriage wheels.


</P>
</DIV8>


<DIV8 N="§ 57.10006" NODE="30:1.0.1.8.30.9.180.6" TYPE="SECTION">
<HEAD>§ 57.10006   Tower guards.</HEAD>
<P>Towers shall be suitably protected from swaying buckets.


</P>
</DIV8>


<DIV8 N="§ 57.10007" NODE="30:1.0.1.8.30.9.180.7" TYPE="SECTION">
<HEAD>§ 57.10007   Falling object protection.</HEAD>
<P>Guard nets or other suitable protection shall be provided where tramways pass over roadways, walkways, or buildings.


</P>
</DIV8>


<DIV8 N="§ 57.10008" NODE="30:1.0.1.8.30.9.180.8" TYPE="SECTION">
<HEAD>§ 57.10008   Riding tramways.</HEAD>
<P>Persons other than maintenance persons shall not ride aerial tramways unless the following features are provided.
</P>
<P>(a) Two independent brakes, each capable of holding the maximum load;
</P>
<P>(b) Direct communication between terminals;
</P>
<P>(c) Power drives with emergency power available in case of primary power failure; and
</P>
<P>(d) Buckets equipped with positive locks to prevent accidental tripping or dumping.


</P>
</DIV8>


<DIV8 N="§ 57.10009" NODE="30:1.0.1.8.30.9.180.9" TYPE="SECTION">
<HEAD>§ 57.10009   Riding loaded buckets.</HEAD>
<P>Persons shall not ride loaded buckets.


</P>
</DIV8>


<DIV8 N="§ 57.10010" NODE="30:1.0.1.8.30.9.180.10" TYPE="SECTION">
<HEAD>§ 57.10010   Starting precautions.</HEAD>
<P>Where possible, aerial tramways shall not be started until the operator has ascertained that everyone is in the clear. 


</P>
</DIV8>

</DIV6>


<DIV6 N="J" NODE="30:1.0.1.8.30.10" TYPE="SUBPART">
<HEAD>Subpart J—Travelways and Escapeways</HEAD>


<DIV7 N="180" NODE="30:1.0.1.8.30.10.180" TYPE="SUBJGRP">
<HEAD>Travelways—Surface and Underground</HEAD>


<DIV8 N="§ 57.11001" NODE="30:1.0.1.8.30.10.180.1" TYPE="SECTION">
<HEAD>§ 57.11001   Safe access.</HEAD>
<P>Safe means of access shall be provided and maintained to all working places. 


</P>
</DIV8>


<DIV8 N="§ 57.11002" NODE="30:1.0.1.8.30.10.180.2" TYPE="SECTION">
<HEAD>§ 57.11002   Handrails and toeboards.</HEAD>
<P>Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construction, provided with handrails, and maintained in good condition. Where necessary, toeboards shall be provided.


</P>
</DIV8>


<DIV8 N="§ 57.11003" NODE="30:1.0.1.8.30.10.180.3" TYPE="SECTION">
<HEAD>§ 57.11003   Construction and maintenance of ladders.</HEAD>
<P>Ladders shall be of substantial construction and maintained in good condition.


</P>
</DIV8>


<DIV8 N="§ 57.11004" NODE="30:1.0.1.8.30.10.180.4" TYPE="SECTION">
<HEAD>§ 57.11004   Portable rigid ladders.</HEAD>
<P>Portable rigid ladders shall be provided with suitable bases and placed securely when used.


</P>
</DIV8>


<DIV8 N="§ 57.11005" NODE="30:1.0.1.8.30.10.180.5" TYPE="SECTION">
<HEAD>§ 57.11005   Fixed ladder anchorage and toe clearance.</HEAD>
<P>Fixed ladders shall be anchored securely and installed to provide at least 3 inches of toe clearance.


</P>
</DIV8>


<DIV8 N="§ 57.11006" NODE="30:1.0.1.8.30.10.180.6" TYPE="SECTION">
<HEAD>§ 57.11006   Fixed ladder landings.</HEAD>
<P>Fixed ladders shall project at least 3 feet above landings, or substantial handholds shall be provided above the landings.


</P>
</DIV8>


<DIV8 N="§ 57.11007" NODE="30:1.0.1.8.30.10.180.7" TYPE="SECTION">
<HEAD>§ 57.11007   Wooden components of ladders.</HEAD>
<P>Wooden components of ladders shall not be painted except with a transparent finish.


</P>
</DIV8>


<DIV8 N="§ 57.11008" NODE="30:1.0.1.8.30.10.180.8" TYPE="SECTION">
<HEAD>§ 57.11008   Restricted clearance.</HEAD>
<P>Where restricted clearance creates a hazard to persons, the restricted clearance shall be conspicuously marked. 
</P>
<CITA TYPE="N">[53 FR 32528, Aug. 25, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 57.11009" NODE="30:1.0.1.8.30.10.180.9" TYPE="SECTION">
<HEAD>§ 57.11009   Walkways along conveyors.</HEAD>
<P>Walkways with outboard railings shall be provided wherever persons are required to walk alongside elevated conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats.


</P>
</DIV8>


<DIV8 N="§ 57.11010" NODE="30:1.0.1.8.30.10.180.10" TYPE="SECTION">
<HEAD>§ 57.11010   Stairstep clearance.</HEAD>
<P>Vertical clearance above stair steps shall be a minimum of seven feet, or suitable warning signs or similar devices shall be provided to indicate an impaired clearance. 


</P>
</DIV8>


<DIV8 N="§ 57.11011" NODE="30:1.0.1.8.30.10.180.11" TYPE="SECTION">
<HEAD>§ 57.11011   Use of ladders.</HEAD>
<P>Persons using ladders shall face the ladders and have both hands free for climbing and descending.


</P>
</DIV8>


<DIV8 N="§ 57.11012" NODE="30:1.0.1.8.30.10.180.12" TYPE="SECTION">
<HEAD>§ 57.11012   Protection for openings around travelways.</HEAD>
<P>Openings above, below, or near travelways through which persons or materials may fall shall be protected by railings, barriers, or covers. Where it is impractical to install such protective devices, adequate warning signals shall be installed. 


</P>
</DIV8>


<DIV8 N="§ 57.11013" NODE="30:1.0.1.8.30.10.180.13" TYPE="SECTION">
<HEAD>§ 57.11013   Conveyor crossovers.</HEAD>
<P>Crossovers shall be provided where it is necessary to cross conveyors.


</P>
</DIV8>


<DIV8 N="§ 57.11014" NODE="30:1.0.1.8.30.10.180.14" TYPE="SECTION">
<HEAD>§ 57.11014   Crossing moving conveyors.</HEAD>
<P>Moving conveyors shall be crossed only at designated crossover points.


</P>
</DIV8>


<DIV8 N="§ 57.11016" NODE="30:1.0.1.8.30.10.180.15" TYPE="SECTION">
<HEAD>§ 57.11016   Snow and ice on walkways and travelways.</HEAD>
<P>Regularly used walkways and travelways shall be sanded, salted, or cleared of snow and ice as soon as practicable.


</P>
</DIV8>


<DIV8 N="§ 57.11017" NODE="30:1.0.1.8.30.10.180.16" TYPE="SECTION">
<HEAD>§ 57.11017   Inclined fixed ladders.</HEAD>
<P>Fixed ladders shall not incline backwards.


</P>
</DIV8>

</DIV7>


<DIV7 N="181" NODE="30:1.0.1.8.30.10.181" TYPE="SUBJGRP">
<HEAD>Travelways—Surface Only</HEAD>


<DIV8 N="§ 57.11025" NODE="30:1.0.1.8.30.10.181.17" TYPE="SECTION">
<HEAD>§ 57.11025   Railed landings, backguards, and other protection for fixed ladders.</HEAD>
<P>Fixed ladders, except on mobile equipment, shall be offset and have substantial railed landings at least every 30 feet unless backguards or equivalent protection such as safety belts and safety lines, are provided. 


</P>
</DIV8>


<DIV8 N="§ 57.11026" NODE="30:1.0.1.8.30.10.181.18" TYPE="SECTION">
<HEAD>§ 57.11026   Protection for inclined fixed ladders.</HEAD>
<P>Fixed ladders 70 degrees to 90 degrees from the horizontal and 30 feet or more in length shall have backguards, cages or equivalent protection, starting at a point not more than seven feet from the bottom of the ladders.


</P>
</DIV8>


<DIV8 N="§ 57.11027" NODE="30:1.0.1.8.30.10.181.19" TYPE="SECTION">
<HEAD>§ 57.11027   Scaffolds and working platforms.</HEAD>
<P>Scaffolds and working platforms shall be of substantial construction and provided with handrails and maintained in good condition. Floorboards shall be laid properly and the scaffolds and working platform shall not be overloaded. Working platforms shall be provided with toeboards when necessary.


</P>
</DIV8>

</DIV7>


<DIV7 N="182" NODE="30:1.0.1.8.30.10.182" TYPE="SUBJGRP">
<HEAD>Travelways—Underground Only</HEAD>


<DIV8 N="§ 57.11036" NODE="30:1.0.1.8.30.10.182.20" TYPE="SECTION">
<HEAD>§ 57.11036   Ladderway trap doors and guards.</HEAD>
<P>Trap doors or adequate guarding shall be provided in ladderways at each level. Doors shall be kept operable.


</P>
</DIV8>


<DIV8 N="§ 57.11037" NODE="30:1.0.1.8.30.10.182.21" TYPE="SECTION">
<HEAD>§ 57.11037   Ladderway openings.</HEAD>
<P>Ladderways constructed after November 15, 1979, shall have a minimum unobstructed cross-sectional opening of 24 inches by 24 inches measured from the face of the ladder.


</P>
</DIV8>


<DIV8 N="§ 57.11038" NODE="30:1.0.1.8.30.10.182.22" TYPE="SECTION">
<HEAD>§ 57.11038   Entering a manway.</HEAD>
<P>Before entering a manway where persons may be working or traveling, a warning shall be given by the person entering the manway and acknowledged by any person present in the manway.


</P>
</DIV8>


<DIV8 N="§ 57.11040" NODE="30:1.0.1.8.30.10.182.23" TYPE="SECTION">
<HEAD>§ 57.11040   Inclined travelways.</HEAD>
<P>Travelways steeper than 35 degrees from the horizontal shall be provided with ladders or stairways.


</P>
</DIV8>


<DIV8 N="§ 57.11041" NODE="30:1.0.1.8.30.10.182.24" TYPE="SECTION">
<HEAD>§ 57.11041   Landings for inclined ladderways.</HEAD>
<P>Fixed ladders with an inclination of more than 70 degrees from the horizontal shall be offset with substantial landings at least every 30 feet or have landing gates at least every 30 feet.


</P>
</DIV8>

</DIV7>


<DIV7 N="183" NODE="30:1.0.1.8.30.10.183" TYPE="SUBJGRP">
<HEAD>Escapeways—Underground Only</HEAD>


<DIV8 N="§ 57.11050" NODE="30:1.0.1.8.30.10.183.25" TYPE="SECTION">
<HEAD>§ 57.11050   Escapeways and refuges.</HEAD>
<P>(a) Every mine shall have two or more separate, properly maintained escapeways to the surface from the lowest levels which are so positioned that damage to one shall not lessen the effectiveness of the others. A method of refuge shall be provided while a second opening to the surface is being developed. A second escapeway is recommended, but not required, during the exploration or development of an ore body.
</P>
<P>(b) In addition to separate escapeways, a method of refuge shall be provided for every employee who cannot reach the surface from his working place through at least two separate escapeways within a time limit of one hour when using the normal exit method. These refuges must be positioned so that the employee can reach one of them within 30 minutes from the time he leaves his workplace.


</P>
</DIV8>


<DIV8 N="§ 57.11051" NODE="30:1.0.1.8.30.10.183.26" TYPE="SECTION">
<HEAD>§ 57.11051   Escape routes.</HEAD>
<P>Escape routes shall be—
</P>
<P>(a) Inspected at regular intervals and maintained in safe, travelable condition; and
</P>
<P>(b) Marked with conspicuous and easily read direction signs that clearly indicate the ways of escape. 


</P>
</DIV8>


<DIV8 N="§ 57.11052" NODE="30:1.0.1.8.30.10.183.27" TYPE="SECTION">
<HEAD>§ 57.11052   Refuge areas.</HEAD>
<P>Refuge areas shall be—
</P>
<P>(a) Of fire-resistant construction, preferably in untimbered areas of the mine;
</P>
<P>(b) Large enough to accommodate readily the normal number of persons in the particular area of the mine;
</P>
<P>(c) Constructed so they can be made gastight; and
</P>
<P>(d) Provided with compressed air lines, waterlines, suitable handtools, and stopping materials.


</P>
</DIV8>


<DIV8 N="§ 57.11053" NODE="30:1.0.1.8.30.10.183.28" TYPE="SECTION">
<HEAD>§ 57.11053   Escape and evacuation plans.</HEAD>
<P>A specific escape and evacuation plan and revisions thereof suitable to the conditions and mining system of the mine and showing assigned responsibilities of all key personnel in the event of an emergency shall be developed by the operator and set out in written form. Within 45 calendar days after promulgation of this standard a copy of the plan and revisions thereof shall be available to the Secretary or his authorized representative. Also, copies of the plan and revisions thereof shall be posted at locations convenient to all persons on the surface and underground. Such a plan shall be updated as necessary and shall be reviewed jointly by the operator and the Secretary or his authorized representative at least once every six months from the date of the last review. The plan shall include:
</P>
<P>(a) Mine maps or diagrams showing directions of principal air flow, location of escape routes and locations of existing telephones, primary fans, primary fan controls, fire doors, ventilation doors, and refuge chambers. Appropriate portions of such maps or diagrams shall be posted at all shaft stations and in underground shops, lunchrooms, and elsewhere in working areas where persons congregate;
</P>
<P>(b) Procedures to show how the miners will be notified of emergency;
</P>
<P>(c) An escape plan for each working area in the mine to include instructions showing how each working area should be evacuated. Each such plan shall be posted at appropriate shaft stations and elsewhere in working areas where persons congregate;
</P>
<P>(d) A fire fighting plan;
</P>
<P>(e) Surface procedure to follow in an emergency, including the notification of proper authorities, preparing rescue equipment, and other equipment which may be used in rescue and recovery operations; and 
</P>
<P>(f) A statement of the availability of emergency communication and transportation facilities, emergency power and ventilation and location of rescue personnel and equipment.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 57.11054" NODE="30:1.0.1.8.30.10.183.29" TYPE="SECTION">
<HEAD>§ 57.11054   Communication with refuge chambers.</HEAD>
<P>Telephone or other voice communication shall be provided between the surface and refuge chambers and such systems shall be independent of the mine power supply.


</P>
</DIV8>


<DIV8 N="§ 57.11055" NODE="30:1.0.1.8.30.10.183.30" TYPE="SECTION">
<HEAD>§ 57.11055   Inclined escapeways.</HEAD>
<P>Any portion of a designated escapeway which is inclined more than 30 degrees from the horizontal and that is more than 300 feet in vertical extent shall be provided with an emergency hoisting facility.


</P>
</DIV8>


<DIV8 N="§ 57.11056" NODE="30:1.0.1.8.30.10.183.31" TYPE="SECTION">
<HEAD>§ 57.11056   Emergency hoists.</HEAD>
<P>The procedure for inspection, testing and maintenance required by standard 57.19120 shall be utilized at least every 30 days for hoists designated as emergency hoists in any evacuation plan.


</P>
</DIV8>


<DIV8 N="§ 57.11058" NODE="30:1.0.1.8.30.10.183.32" TYPE="SECTION">
<HEAD>§ 57.11058   Check-in, check-out system.</HEAD>
<P>Each operator of an underground mine shall establish a check-in and check-out system which shall provide an accurate record of persons in the mine. These records shall be kept on the surface in a place chosen to minimize the danger of destruction by fire or other hazards. Every person underground shall carry a positive means of being identified.


</P>
</DIV8>


<DIV8 N="§ 57.11059" NODE="30:1.0.1.8.30.10.183.33" TYPE="SECTION">
<HEAD>§ 57.11059   Respirable atmosphere for hoist operators underground.</HEAD>
<P>For the protection of operators of hoists located underground which are part of the mine escape and evacuation plan required under standard 57.11053, the hoist operator shall be provided with a respirable atmosphere completely independent of the mine atmosphere. This independent ventilation system shall convert, without contamination, to an approved and properly maintained 2-hour self-contained breathing apparatus to provide a safe means of escape for the hoist operator after the hoisting duties have been completed as prescribed in the mine escape and evacuation plan for that hoist. The hoist operator's independent ventilation system shall be provided by one of the following methods:
</P>
<P>(a) A suitable enclosure equipped with a positive pressure ventilation system which may be operated continuously or be capable of immediate activation from within the enclosure during an emergency evacuation. Air for the enclosure's ventilation system shall be provided in one of the following ways:
</P>
<P>(1) Air coursed from the surface through a borehole into the hoist enclosure directly or through a metal pipeline from such borehole; or
</P>
<P>(2) Air coursed from the surface through metal duct work into the hoist enclosure, although this duct work shall not be located in timber-supported active workings; or 
</P>
<P>(3) Air supplied by air compressors located on the surface and coursed through metal pipe into the hoist enclosure. 
</P>
<P>A back-up system shall be provided for a hoist enclosure ventilation system provided by either of the methods set forth in paragraphs (a) (2) and (3) of this section. This back-up system shall consist of compressed air stored in containers connected to the enclosure. This back-up system shall provide and maintain a respirable atmosphere in the enclosure for a period of time equal to at least twice the time necessary to complete the evacuation of all persons designated to use that hoist as prescribed in the mine escape and evacuation plan required under standard 57.11053; or
</P>
<P>(b) An approved and properly maintained self-contained breathing apparatus system which shall consist of a mask connected to compressed air stored in containers adjacent to the hoist controls. The self-contained breathing system shall provide a minimum of 24 hours of respirable atmosphere to the hoist operator. In addition, the self-contained breathing system shall be capable of a quick connect with the approved 2-hour self-contained breathing apparatus above.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="K" NODE="30:1.0.1.8.30.11" TYPE="SUBPART">
<HEAD>Subpart K—Electricity</HEAD>


<DIV7 N="184" NODE="30:1.0.1.8.30.11.184" TYPE="SUBJGRP">
<HEAD>Surface and Underground</HEAD>


<DIV8 N="§ 57.12001" NODE="30:1.0.1.8.30.11.184.1" TYPE="SECTION">
<HEAD>§ 57.12001   Circuit overload protection.</HEAD>
<P>Circuits shall be protected against excessive overloads by fuses or circuit breakers of the correct type and capacity. 


</P>
</DIV8>


<DIV8 N="§ 57.12002" NODE="30:1.0.1.8.30.11.184.2" TYPE="SECTION">
<HEAD>§ 57.12002   Controls and switches.</HEAD>
<P>Electric equipment and circuits shall be provided with switches or other controls. Such switches or controls shall be of approved design and construction and shall be properly installed.


</P>
</DIV8>


<DIV8 N="§ 57.12003" NODE="30:1.0.1.8.30.11.184.3" TYPE="SECTION">
<HEAD>§ 57.12003   Trailing cable overload protection.</HEAD>
<P>Individual overload protection or short circuit protection shall be provided for the trailing cables of mobile equipment. 


</P>
</DIV8>


<DIV8 N="§ 57.12004" NODE="30:1.0.1.8.30.11.184.4" TYPE="SECTION">
<HEAD>§ 57.12004   Electrical conductors.</HEAD>
<P>Electrical conductors shall be of a sufficient size and current-carrying capacity to ensure that a rise in temperature resulting from normal operations will not damage the insulating materials. Electrical conductors exposed to mechanical damage shall be protected.


</P>
</DIV8>


<DIV8 N="§ 57.12005" NODE="30:1.0.1.8.30.11.184.5" TYPE="SECTION">
<HEAD>§ 57.12005   Protection of power conductors from mobile equipment.</HEAD>
<P>Mobile equipment shall not run over power conductors, nor shall loads be dragged over power conductors, unless the conductors are properly bridged or protected.


</P>
</DIV8>


<DIV8 N="§ 57.12006" NODE="30:1.0.1.8.30.11.184.6" TYPE="SECTION">
<HEAD>§ 57.12006   Distribution boxes.</HEAD>
<P>Distribution boxes shall be provided with a disconnecting device for each branch circuit. Such disconnecting devices shall be equipped or designed in such a manner that it can be determined by visual observation when such a device is open and that the circuit is deenergized, and the distribution box shall be labeled to show which circuit each device controls.


</P>
</DIV8>


<DIV8 N="§ 57.12007" NODE="30:1.0.1.8.30.11.184.7" TYPE="SECTION">
<HEAD>§ 57.12007   Junction box connection procedures.</HEAD>
<P>Trailing cable and power-cable connections to junction boxes shall not be made or broken under load. 


</P>
</DIV8>


<DIV8 N="§ 57.12008" NODE="30:1.0.1.8.30.11.184.8" TYPE="SECTION">
<HEAD>§ 57.12008   Insulation and fittings for power wires and cables.</HEAD>
<P>Power wires and cables shall be insulated adequately where they pass into or out of electrical compartments. Cables shall enter metal frames of motors, splice boxes, and electrical compartments only through proper fittings. When insulated wires, other than cables, pass through metal frames, the holes shall be substantially bushed with insulated bushings. 


</P>
</DIV8>


<DIV8 N="§ 57.12010" NODE="30:1.0.1.8.30.11.184.9" TYPE="SECTION">
<HEAD>§ 57.12010   Isolation or insulation of communication conductors.</HEAD>
<P>Telephone and low-potential signal wire shall be protected, by isolation or suitable insulation, or both, from contacting energized power conductors or any other power source.


</P>
</DIV8>


<DIV8 N="§ 57.12011" NODE="30:1.0.1.8.30.11.184.10" TYPE="SECTION">
<HEAD>§ 57.12011   High-potential electrical conductors.</HEAD>
<P>High-potential electrical conductors shall be covered, insulated, or placed to prevent contact with low potential conductors.


</P>
</DIV8>


<DIV8 N="§ 57.12012" NODE="30:1.0.1.8.30.11.184.11" TYPE="SECTION">
<HEAD>§ 57.12012   Bare signal wires.</HEAD>
<P>The potential on bare signal wires accessible to contact by persons shall not exceed 48 volts.


</P>
</DIV8>


<DIV8 N="§ 57.12013" NODE="30:1.0.1.8.30.11.184.12" TYPE="SECTION">
<HEAD>§ 57.12013   Splices and repairs of power cables.</HEAD>
<P>Permanent splices and repairs made in power cables, including the ground conductor where provided, shall be—
</P>
<P>(a) Mechanically strong with electrical conductivity as near as possible to that of the original;
</P>
<P>(b) Insulated to a degree at least equal to that of the original, and sealed to exclude moisture; and,
</P>
<P>(c) Provided with damage protection as near as possible to that of the original, including good bonding to the outer jacket.


</P>
</DIV8>


<DIV8 N="§ 57.12014" NODE="30:1.0.1.8.30.11.184.13" TYPE="SECTION">
<HEAD>§ 57.12014   Handling energized power cables.</HEAD>
<P>Power cables energized to potentials in excess of 150 volts, phase-to-ground, shall not be moved with equipment unless sleds or slings, insulated from such equipment, are used. When such energized cables are moved manually, insulated hooks, tongs, ropes, or slings shall be used unless suitable protection for persons is provided by other means. This does not prohibit pulling or dragging of cable by the equipment it powers when the cable is physically attached to the equipment by suitable mechanical devices, and the cable is insulated from the equipment in conformance with other standards in this part.


</P>
</DIV8>


<DIV8 N="§ 57.12016" NODE="30:1.0.1.8.30.11.184.14" TYPE="SECTION">
<HEAD>§ 57.12016   Work on electrically-powered equipment.</HEAD>
<P>Electrically powered equipment shall be deenergized before mechanical work is done on such equipment. Power switches shall be locked out or other measures taken which shall prevent the equipment from being energized without the knowledge of the individuals working on it. Suitable warning notices shall be posted at the power switch and signed by the individuals who are to do the work. Such locks or preventive devices shall be removed only by the persons who installed them or by authorized personnel.


</P>
</DIV8>


<DIV8 N="§ 57.12017" NODE="30:1.0.1.8.30.11.184.15" TYPE="SECTION">
<HEAD>§ 57.12017   Work on power circuits.</HEAD>
<P>Power circuits shall be deenergized before work is done on such circuits unless hot-line tools are used. Suitable warning signs shall be posted by the individuals who are to do the work. Switches shall be locked out or other measures taken which shall prevent the power circuits from being energized without the knowledge of the individuals working on them. Such locks, signs, or preventive devices shall be removed only by the person who installed them or by authorized personnel.


</P>
</DIV8>


<DIV8 N="§ 57.12018" NODE="30:1.0.1.8.30.11.184.16" TYPE="SECTION">
<HEAD>§ 57.12018   Identification of power switches.</HEAD>
<P>Principal power switches shall be labeled to show which units they control, unless identification can be made readily by location.


</P>
</DIV8>


<DIV8 N="§ 57.12019" NODE="30:1.0.1.8.30.11.184.17" TYPE="SECTION">
<HEAD>§ 57.12019   Access to stationary electrical equipment or switchgear.</HEAD>
<P>Where access is necessary, suitable clearance shall be provided at stationary electrical equipment or switchgear.


</P>
</DIV8>


<DIV8 N="§ 57.12020" NODE="30:1.0.1.8.30.11.184.18" TYPE="SECTION">
<HEAD>§ 57.12020   Protection of persons at switchgear.</HEAD>
<P>Dry wooden platforms, insulating mats, or other electrically-nonconductive material shall be kept in place at all switchboards and power-control switches where shock hazards exist. However, metal plates on which a person normally would stand and which are kept at the same potential as the grounded, metal, non-current-carrying parts of the power switches to be operated may be used.


</P>
</DIV8>


<DIV8 N="§ 57.12021" NODE="30:1.0.1.8.30.11.184.19" TYPE="SECTION">
<HEAD>§ 57.12021   Danger signs.</HEAD>
<P>Suitable danger signs shall be posted at all major electrical installations.


</P>
</DIV8>


<DIV8 N="§ 57.12022" NODE="30:1.0.1.8.30.11.184.20" TYPE="SECTION">
<HEAD>§ 57.12022   Authorized persons at major electrical installations.</HEAD>
<P>Areas containing major electrical installations shall be entered only by authorized persons.


</P>
</DIV8>


<DIV8 N="§ 57.12023" NODE="30:1.0.1.8.30.11.184.21" TYPE="SECTION">
<HEAD>§ 57.12023   Guarding electrical connections and resistor grids.</HEAD>
<P>Electrical connections and resistor grids that are difficult or impractical to insulate shall be guarded, unless protection is provided by location.


</P>
</DIV8>


<DIV8 N="§ 57.12025" NODE="30:1.0.1.8.30.11.184.22" TYPE="SECTION">
<HEAD>§ 57.12025   Grounding circuit enclosures.</HEAD>
<P>All metal enclosing or encasing electrical circuits shall be grounded or provided with equivalent protection. This requirement does not apply to battery-operated equipment.


</P>
</DIV8>


<DIV8 N="§ 57.12026" NODE="30:1.0.1.8.30.11.184.23" TYPE="SECTION">
<HEAD>§ 57.12026   Grounding transformer and switchgear enclosures.</HEAD>
<P>Metal fencing and metal buildings enclosing transformers and switchgear shall be grounded.


</P>
</DIV8>


<DIV8 N="§ 57.12027" NODE="30:1.0.1.8.30.11.184.24" TYPE="SECTION">
<HEAD>§ 57.12027   Grounding mobile equipment.</HEAD>
<P>Frame grounding or equivalent protection shall be provided for mobile equipment powered through trailing cables. 


</P>
</DIV8>


<DIV8 N="§ 57.12028" NODE="30:1.0.1.8.30.11.184.25" TYPE="SECTION">
<HEAD>§ 57.12028   Testing grounding systems.</HEAD>
<P>Continuity and resistance of grounding systems shall be tested immediately after installation, repair, and modification; and annually thereafter. A record of the resistance measured during the most recent test shall be made available on a request by the Secretary or his duly authorized representative.


</P>
</DIV8>


<DIV8 N="§ 57.12030" NODE="30:1.0.1.8.30.11.184.26" TYPE="SECTION">
<HEAD>§ 57.12030   Correction of dangerous conditions.</HEAD>
<P>When a potentially dangerous condition is found it shall be corrected before equipment or wiring is energized.


</P>
</DIV8>


<DIV8 N="§ 57.12032" NODE="30:1.0.1.8.30.11.184.27" TYPE="SECTION">
<HEAD>§ 57.12032   Inspection and cover plates.</HEAD>
<P>Inspection and cover plates on electrical equipment and junction boxes shall be kept in place at all times except during testing or repairs.


</P>
</DIV8>


<DIV8 N="§ 57.12033" NODE="30:1.0.1.8.30.11.184.28" TYPE="SECTION">
<HEAD>§ 57.12033   Hand-held electric tools.</HEAD>
<P>Hand-held electric tools shall not be operated at high potential voltages.


</P>
</DIV8>


<DIV8 N="§ 57.12034" NODE="30:1.0.1.8.30.11.184.29" TYPE="SECTION">
<HEAD>§ 57.12034   Guarding around lights.</HEAD>
<P>Portable extension lights, and other lights that by their location present a shock or burn hazard, shall be guarded.


</P>
</DIV8>


<DIV8 N="§ 57.12035" NODE="30:1.0.1.8.30.11.184.30" TYPE="SECTION">
<HEAD>§ 57.12035   Weatherproof lamp sockets.</HEAD>
<P>Lamp sockets shall be of a weatherproof type where they are exposed to weather or wet conditions that may interfere with illumination or create a shock hazard.


</P>
</DIV8>


<DIV8 N="§ 57.12036" NODE="30:1.0.1.8.30.11.184.31" TYPE="SECTION">
<HEAD>§ 57.12036   Fuse removal or replacement.</HEAD>
<P>Fuses shall not be removed or replaced by hand in an energized circuit, and they shall not otherwise be removed or replaced in an energized circuit unless equipment and techniques especially designed to prevent electrical shock are provided and used for such purpose.


</P>
</DIV8>


<DIV8 N="§ 57.12037" NODE="30:1.0.1.8.30.11.184.32" TYPE="SECTION">
<HEAD>§ 57.12037   Fuses in high-potential circuits.</HEAD>
<P>Fuse tongs or hotline tools, shall be used when fuses are removed or replaced in high-potential circuits. 


</P>
</DIV8>


<DIV8 N="§ 57.12038" NODE="30:1.0.1.8.30.11.184.33" TYPE="SECTION">
<HEAD>§ 57.12038   Attachment of trailing cables.</HEAD>
<P>Trailing cables shall be attached to machines in a suitable manner to protect the cable from damage and to prevent strain on the electrical connections.


</P>
</DIV8>


<DIV8 N="§ 57.12039" NODE="30:1.0.1.8.30.11.184.34" TYPE="SECTION">
<HEAD>§ 57.12039   Protection of surplus trailing cables.</HEAD>
<P>Surplus trailing cables to shovels, cranes and similar equipment shall be—
</P>
<P>(a) Stored in cable boats;
</P>
<P>(b) Stored on reels mounted on the equipment; or
</P>
<P>(c) Otherwise protected from mechanical damage.


</P>
</DIV8>


<DIV8 N="§ 57.12040" NODE="30:1.0.1.8.30.11.184.35" TYPE="SECTION">
<HEAD>§ 57.12040   Installation of operating controls.</HEAD>
<P>Operating controls shall be installed so that they can be operated without danger of contact with energized conductors.


</P>
</DIV8>


<DIV8 N="§ 57.12041" NODE="30:1.0.1.8.30.11.184.36" TYPE="SECTION">
<HEAD>§ 57.12041   Design of switches and starting boxes.</HEAD>
<P>Switches and starting boxes shall be of safe design and capacity.


</P>
</DIV8>


<DIV8 N="§ 57.12042" NODE="30:1.0.1.8.30.11.184.37" TYPE="SECTION">
<HEAD>§ 57.12042   Track bonding.</HEAD>
<P>Both rails shall be bonded or welded at every joint and rails shall be crossbonded at least every 200 feet if the track serves as the return trolley circuit. When rails are moved, replaced, or broken bonds are discovered, they shall be rebonded within three working shifts.


</P>
</DIV8>


<DIV8 N="§ 57.12045" NODE="30:1.0.1.8.30.11.184.38" TYPE="SECTION">
<HEAD>§ 57.12045   Overhead powerlines.</HEAD>
<P>Overhead high-potential powerlines shall be installed as specified by the National Electrical Code.


</P>
</DIV8>


<DIV8 N="§ 57.12047" NODE="30:1.0.1.8.30.11.184.39" TYPE="SECTION">
<HEAD>§ 57.12047   Guy wires.</HEAD>
<P>Guy wires of poles supporting high-voltage transmission lines shall meet the requirements for grounding or insulator protection of the National Electrical Safety Code, part 2, entitled “Safety Rules for the Installation and Maintenance of Electric Supply and Communication Lines” (also referred to as National Bureau of Standards Handbook 81, Nov. 1, 1961), and Supplement 2 thereof issued March 1968, which are hereby incorporated by reference and made a part hereof. These publications and documents may be obtained from the National Institute of Science and Technology, 100 Bureau Drive, Stop 3460, Gaithersburg, MD 20899-3460. Telephone: 301-975-6478 (not a toll free number); <I>http://ts.nist.gov/nvl;</I> or from the Government Printing Office, Information Dissemination (Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; Telephone: 866-512-1800 (toll free) or 202-512-1800; <I>http://bookstore.gpo.gov</I>, or may be examined in any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration.
</P>
<CITA TYPE="N">[53 FR 32526, Aug. 25, 1988, as amended at 60 FR 35695, July 11, 1995; 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 57.12048" NODE="30:1.0.1.8.30.11.184.40" TYPE="SECTION">
<HEAD>§ 57.12048   Communication conductors on power poles.</HEAD>
<P>Telegraph, telephone, or signal wires shall not be installed on the same crossarm with power conductors. When carried on poles supporting powerlines, they shall be installed as specified by the National Electrical Code.


</P>
</DIV8>


<DIV8 N="§ 57.12050" NODE="30:1.0.1.8.30.11.184.41" TYPE="SECTION">
<HEAD>§ 57.12050   Installation of trolley wires.</HEAD>
<P>Trolley wires shall be installed at least seven feet above rails where height permits, and aligned and supported to suitably control sway and sag. 


</P>
</DIV8>


<DIV8 N="§ 57.12053" NODE="30:1.0.1.8.30.11.184.42" TYPE="SECTION">
<HEAD>§ 57.12053   Circuits powered from trolley wires.</HEAD>
<P>Ground wires for lighting circuits powered from trolley wires shall be connected securely to the ground return circuit.


</P>
</DIV8>

</DIV7>


<DIV7 N="185" NODE="30:1.0.1.8.30.11.185" TYPE="SUBJGRP">
<HEAD>Surface Only</HEAD>


<DIV8 N="§ 57.12065" NODE="30:1.0.1.8.30.11.185.43" TYPE="SECTION">
<HEAD>§ 57.12065   Short circuit and lightning protection.</HEAD>
<P>Powerlines, including trolley wires, and telephone circuits shall be protected against short circuits and lightning.


</P>
</DIV8>


<DIV8 N="§ 57.12066" NODE="30:1.0.1.8.30.11.185.44" TYPE="SECTION">
<HEAD>§ 57.12066   Guarding trolley wires and bare powerlines.</HEAD>
<P>Where metallic tools or equipment can come in contact with trolley wires or bare powerlines, the lines shall be guarded or deenergized.


</P>
</DIV8>


<DIV8 N="§ 57.12067" NODE="30:1.0.1.8.30.11.185.45" TYPE="SECTION">
<HEAD>§ 57.12067   Installation of transformers.</HEAD>
<P>Transformers shall be totally enclosed, or shall be placed at least 8 feet above the ground, or installed in a transformer house, or surrounded by a substantial fence at least 6 feet high and at least 3 feet from any energized parts, casings, or wiring.


</P>
</DIV8>


<DIV8 N="§ 57.12068" NODE="30:1.0.1.8.30.11.185.46" TYPE="SECTION">
<HEAD>§ 57.12068   Locking transformer enclosures.</HEAD>
<P>Transformer enclosures shall be kept locked against unauthorized entry.


</P>
</DIV8>


<DIV8 N="§ 57.12069" NODE="30:1.0.1.8.30.11.185.47" TYPE="SECTION">
<HEAD>§ 57.12069   Lightning protection for telephone wires and ungrounded conductors.</HEAD>
<P>Each ungrounded conductor or telephone wire that leads underground and is directly exposed to lightning shall be equipped with suitable lightning arrestors of approved type within 100 feet of the point where the circuit enters the mine. Lightning arrestors shall be connected to a low resistance grounding medium on the surface and shall be separated from neutral grounds by a distance of not less than 25 feet.


</P>
</DIV8>


<DIV8 N="§ 57.12071" NODE="30:1.0.1.8.30.11.185.48" TYPE="SECTION">
<HEAD>§ 57.12071   Movement or operation of equipment near high-voltage powerlines.</HEAD>
<P>When equipment must be moved or operated near energized high-voltage powerlines (other than trolley lines) and the clearance is less than 10 feet, the lines shall be deenergized or other precautionary measures shall be taken.


</P>
</DIV8>

</DIV7>


<DIV7 N="186" NODE="30:1.0.1.8.30.11.186" TYPE="SUBJGRP">
<HEAD>Underground Only</HEAD>


<DIV8 N="§ 57.12080" NODE="30:1.0.1.8.30.11.186.49" TYPE="SECTION">
<HEAD>§ 57.12080   Bare conductor guards.</HEAD>
<P>Trolley wires and bare power conductors shall be guarded at mantrip loading and unloading points, and at shaft stations. Where such trolley wires and bare power conductors are less than 7 feet above the rail, they shall be guarded at all points where persons work or pass regularly beneath. 


</P>
</DIV8>


<DIV8 N="§ 57.12081" NODE="30:1.0.1.8.30.11.186.50" TYPE="SECTION">
<HEAD>§ 57.12081   Bonding metal pipelines to ground return circuits.</HEAD>
<P>All metal pipelines, 1,000 feet or more in length running parallel to trolley tracks, that are used as a ground return circuit shall be bonded to the return circuit rail at the ends of the pipeline and at intervals not to exceed 500 feet.


</P>
</DIV8>


<DIV8 N="§ 57.12082" NODE="30:1.0.1.8.30.11.186.51" TYPE="SECTION">
<HEAD>§ 57.12082   Isolation of powerlines.</HEAD>
<P>Powerlines shall be well separated or insulated from waterlines, telephone lines and air lines. 


</P>
</DIV8>


<DIV8 N="§ 57.12083" NODE="30:1.0.1.8.30.11.186.52" TYPE="SECTION">
<HEAD>§ 57.12083   Support of power cables in shafts and boreholes.</HEAD>
<P>Power cables in shafts and boreholes shall be fastened securely in such a manner as to prevent undue strain on the sheath, insulation, or conductors.


</P>
</DIV8>


<DIV8 N="§ 57.12084" NODE="30:1.0.1.8.30.11.186.53" TYPE="SECTION">
<HEAD>§ 57.12084   Branch circuit disconnecting devices.</HEAD>
<P>Disconnecting switches that can be opened safely under load shall be provided underground at all branch circuits extending from primary power circuits near shafts, adits, levels and boreholes.


</P>
</DIV8>


<DIV8 N="§ 57.12085" NODE="30:1.0.1.8.30.11.186.54" TYPE="SECTION">
<HEAD>§ 57.12085   Transformer stations.</HEAD>
<P>Transformer stations shall be enclosed to prevent persons from unintentionally or inadvertently contacting energized parts.


</P>
</DIV8>


<DIV8 N="§ 57.12086" NODE="30:1.0.1.8.30.11.186.55" TYPE="SECTION">
<HEAD>§ 57.12086   Location of trolley wire.</HEAD>
<P>Trolley and trolley feeder wire shall be installed opposite the clearance side of haulageways. However, this standard does not apply where physical limitations would prevent the safe installation or use of such trolley and trolley feeder wire. 


</P>
</DIV8>


<DIV8 N="§ 57.12088" NODE="30:1.0.1.8.30.11.186.56" TYPE="SECTION">
<HEAD>§ 57.12088   Splicing trailing cables.</HEAD>
<P>No splice, except a vulcanized splice or its equivalent, shall be made in a trailing cable within 25 feet of the machine unless the machine is equipped with a cable reel or other power feed cable payout-retrieval system. However, a temporary splice may be made to move the equipment for repair.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="L" NODE="30:1.0.1.8.30.12" TYPE="SUBPART">
<HEAD>Subpart L—Compressed Air and Boilers</HEAD>


<DIV8 N="§ 57.13001" NODE="30:1.0.1.8.30.12.187.1" TYPE="SECTION">
<HEAD>§ 57.13001   General requirements for boilers and pressure vessels.</HEAD>
<P>All boilers and pressure vessels shall be constructed, installed, and maintained in accordance with the standards and specifications of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.


</P>
</DIV8>


<DIV8 N="§ 57.13010" NODE="30:1.0.1.8.30.12.187.2" TYPE="SECTION">
<HEAD>§ 57.13010   Reciprocating-type air compressors.</HEAD>
<P>(a) Reciprocating-type air compressors rated over 10 horsepower shall be equipped with automatic temperature-actuated shutoff mechanisms which shall be set or adjusted to the compressor when the normal operating temperature is exceeded by more than 25 percent.
</P>
<P>(b) However, this standard does not apply to reciprocating-type air compressors rated over 10 horsepower if equipped with fusible plugs that were installed in the compressor discharge lines before November 15, 1979, and designed to melt at temperatures at least 50 degrees below the flash point of the compressors' lubricating oil.


</P>
</DIV8>


<DIV8 N="§ 57.13011" NODE="30:1.0.1.8.30.12.187.3" TYPE="SECTION">
<HEAD>§ 57.13011   Air receiver tanks.</HEAD>
<P>Air receiver tanks shall be equipped with one or more automatic pressure-relief valves. The total relieving capacity of the relief valves shall prevent pressure from exceeding the maximum allowable working pressure in a receiver tank by not more than 10 percent. Air receiver tanks also shall be equipped with indicating pressure gages which accurately measure the pressure within the air receiver tanks.


</P>
</DIV8>


<DIV8 N="§ 57.13012" NODE="30:1.0.1.8.30.12.187.4" TYPE="SECTION">
<HEAD>§ 57.13012   Compressor air intakes.</HEAD>
<P>Compressor air intakes shall be installed to ensure that only clean, uncontaminated air enters the compressors.


</P>
</DIV8>


<DIV8 N="§ 57.13015" NODE="30:1.0.1.8.30.12.187.5" TYPE="SECTION">
<HEAD>§ 57.13015   Inspection of compressed-air receivers and other unfired pressure vessels.</HEAD>
<P>(a) Compressed-air receivers and other unfired pressure vessels shall be inspected by inspectors holding a valid National Board Commission and in accordance with the applicable chapters of the National Board Inspection Code, a Manual for Boiler and Pressure Vessel Inspectors, 1979. This code is incorporated by reference and made a part of this standard. It may be examined at any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration, and may be obtained from the publisher, the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229.
</P>
<P>(b) Records of inspections shall be kept in accordance with requirements of the National Board Inspection Code, and the records shall be made available to the Secretary or his authorized representative.


</P>
</DIV8>


<DIV8 N="§ 57.13017" NODE="30:1.0.1.8.30.12.187.6" TYPE="SECTION">
<HEAD>§ 57.13017   Compressor discharge pipes.</HEAD>
<P>Compressor discharge pipes where carbon build-up may occur shall be cleaned periodically as recommended by the manufacturer, but no less frequently than once every two years.


</P>
</DIV8>


<DIV8 N="§ 57.13019" NODE="30:1.0.1.8.30.12.187.7" TYPE="SECTION">
<HEAD>§ 57.13019   Pressure system repairs.</HEAD>
<P>Repairs involving the pressure system of compressors, receivers, or compressed-air-powered equipment shall not be attempted until the pressure has been bled off.


</P>
</DIV8>


<DIV8 N="§ 57.13020" NODE="30:1.0.1.8.30.12.187.8" TYPE="SECTION">
<HEAD>§ 57.13020   Use of compressed air.</HEAD>
<P>At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury. 


</P>
</DIV8>


<DIV8 N="§ 57.13021" NODE="30:1.0.1.8.30.12.187.9" TYPE="SECTION">
<HEAD>§ 57.13021   High-pressure hose connections.</HEAD>
<P>Except where automatic shutoff valves are used, safety chains or other suitable locking devices shall be used at connections to machines of high-pressure hose lines of 
<FR>3/4</FR>-inch inside diameter or larger, and between high-pressure hose lines of 
<FR>3/4</FR>-inch inside diameter or larger, where a connection failure would create a hazard.


</P>
</DIV8>


<DIV8 N="§ 57.13030" NODE="30:1.0.1.8.30.12.187.10" TYPE="SECTION">
<HEAD>§ 57.13030   Boilers.</HEAD>
<P>(a) Fired pressure vessels (boilers) shall be equipped with water level gauges, pressure gauges, automatic pressure-relief valves, blowdown piping, and other safety devices approved by the American Society of Mechanical Engineers to protect against hazards from overpressure, flameouts, fuel interruptions and low water level, all as required by the appropriate sections, chapters and appendices listed in paragraphs (b) (1) and (2) of this section.
</P>
<P>(b) These gauges, devices and piping shall be designed, installed, operated, maintained, repaired, altered, inspected, and tested by inspectors holding a valid National Board Commission and in accordance with the following listed sections, chapters and appendices:
</P>
<P>(1) The ASME Boiler and Pressure Vessel Code, 1977, published by the American Society of Mechanical Engineers.
</P>
<EXTRACT>
<HD1>Section and Title
</HD1>
<FP-1>I Power Boilers
</FP-1>
<FP-1>II Material Specifications—Part A—Ferrous
</FP-1>
<FP-1>II Material Specifications—Part B—Non-ferrous
</FP-1>
<FP-1>II Material Specifications—Part C—Welding Rods, Electrodes, and Filler Metals 
</FP-1>
<FP-1>IV Heating Boilers
</FP-1>
<FP-1>V Nondestructive Examination
</FP-1>
<FP-1>VI Recommended Rules for Care and Operation of Heating Boilers
</FP-1>
<FP-1>VII Recommended Rules for Care of Power Boilers</FP-1></EXTRACT>
<P>(2) The National Board Inspection Code, a Manual for Boiler and Pressure Vessel Inspectors, 1979, published by the National Board of Boiler and Pressure Vessel Inspectors.
</P>
<EXTRACT>
<HD1>Chapter and Title
</HD1>
<FP-1>I Glossary of Terms
</FP-1>
<FP-1>II Inspection of Boilers and Pressure Vessels
</FP-1>
<FP-1>III Repairs and Alterations to Boiler and Pressure Vessels by Welding
</FP-1>
<FP-1>IV Shop Inspection of Boilers and Pressure Vessels
</FP-1>
<FP-1>V Inservice Inspection of Pressure Vessels by Authorized Owner-User Inspection Agencies
</FP-1>
<HD1>Appendix and Title
</HD1>
<FP-1>A Safety and Safety Relief Valves
</FP-1>
<FP-1>B Non-ASME Code Boilers and Pressure Vessels
</FP-1>
<FP-1>C Storage of Mild Steel Covered Arc Welding Electrodes
</FP-1>
<FP-1>D-R National Board “R” (Repair) Symbol Stamp
</FP-1>
<FP-1>D-VR National Board “VR” (Repair of Safety and Safety Relief Valve) Symbol Stamp
</FP-1>
<FP-1>D-VR1 Certificate of Authorization for Repair Symbol Stamp for Safety and Safety Relief Valves
</FP-1>
<FP-1>D-VR2 Outline of Basic Elements of Written Quality Control System for Repairers of ASME Safety and Safety Relief Valves
</FP-1>
<FP-1>D-VR3 Nameplate Stamping for “VR” 
</FP-1>
<FP-1>E Owner-User Inspection Agencies
</FP-1>
<FP-1>F Inspection Forms</FP-1></EXTRACT>
<P>(c) Records of inspections and repairs shall be kept in accordance with the requirements of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code. The records shall be made available to the Secretary or his authorized representative.
</P>
<P>(d) Sections of the ASME Boiler and Pressure Vessel Code, 1977, listed in paragraph (b)(1) of this section, and chapters and appendices of the National Board Inspection Code, 1979, listed in paragraph (b)(2) of this section, are incorporated by reference and made a part of this standard. These publications may be obtained from the publishers, the American Society of Mechanical Engineers, 22 Law Drive, P.O. Box 2900, Fairfield, New Jersey 07007, Phone: 800-843-2763 (toll free); <I>http://www.asme.org</I>, and the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229. The publication may be examined at any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="M" NODE="30:1.0.1.8.30.13" TYPE="SUBPART">
<HEAD>Subpart M—Machinery and Equipment</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 32528, Aug. 25, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 57.14000" NODE="30:1.0.1.8.30.13.187.1" TYPE="SECTION">
<HEAD>§ 57.14000   Definitions.</HEAD>
<P>The following definitions apply in this subpart.
</P>
<P><I>Travelway.</I> A passage, walk, or way regularly used or designated for persons to go from one place to another.
</P>
<CITA TYPE="N">[53 FR 32528, Aug. 25, 1988, as amended at 69 FR 38842, June 29, 2004]


</CITA>
</DIV8>


<DIV7 N="187" NODE="30:1.0.1.8.30.13.187" TYPE="SUBJGRP">
<HEAD>Safety Devices and Maintenance Requirements</HEAD>


<DIV8 N="§ 57.14100" NODE="30:1.0.1.8.30.13.187.2" TYPE="SECTION">
<HEAD>§ 57.14100   Safety defects; examination, correction and records.</HEAD>
<P>(a) Self-propelled mobile equipment to be used during a shift shall be inspected by the equipment operator before being placed in operation on that shift.
</P>
<P>(b) Defects on any equipment, machinery, and tools that affect safety shall be corrected in a timely manner to prevent the creation of a hazard to persons.
</P>
<P>(c) When defects make continued operation hazardous to persons, the defective items including self-propelled mobile equipment shall be taken out of service and placed in a designated area posted for that purpose, or a tag or other effective method of marking the defective items shall be used to prohibit further use until the defects are corrected.
</P>
<P>(d) Defects on self-propelled mobile equipment affecting safety, which are not corrected immediately, shall be reported to, and recorded by, the mine operator. The records shall be kept at the mine or nearest mine office from the date the defects are recorded, until the defects are corrected. Such records shall be made available for inspection by an authorized representative of the Secretary.


</P>
</DIV8>


<DIV8 N="§ 57.14101" NODE="30:1.0.1.8.30.13.187.3" TYPE="SECTION">
<HEAD>§ 57.14101   Brakes.</HEAD>
<P>(a) <I>Minimum requirements.</I> (1) Self-propelled mobile equipment shall be equipped with a service brake system capable of stopping and holding the equipment with its typical load on the maximum grade it travels. This standard does not apply to equipment which is not originally equipped with brakes unless the manner in which the equipment is being operated requires the use of brakes for safe operation. This standard does not apply to rail equipment.
</P>
<P>(2) If equipped on self-propelled mobile equipment, parking brakes shall be capable of holding the equipment with its typical load on the maximum grade it travels.
</P>
<P>(3) All braking systems installed on the equipment shall be maintained in functional condition.
</P>
<P>(b) <I>Testing.</I> (1) Service brake tests shall be conducted on surface-operated equipment at underground mines when an MSHA inspector has reasonable cause to believe that the service brake system does not function as required, unless the mine operator removes the equipment from service for the appropriate repair;
</P>
<P>(2) The performance of the service brakes shall be evaluated according to Table M-1.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table M-1
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Gross vehicle weight lbs.
</TH><TH class="gpotbl_colhed" colspan="11" scope="col">Equipment Speed, MPH
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">10
</TH><TH class="gpotbl_colhed" scope="col">11
</TH><TH class="gpotbl_colhed" scope="col">12
</TH><TH class="gpotbl_colhed" scope="col">13
</TH><TH class="gpotbl_colhed" scope="col">14
</TH><TH class="gpotbl_colhed" scope="col">15
</TH><TH class="gpotbl_colhed" scope="col">16
</TH><TH class="gpotbl_colhed" scope="col">17
</TH><TH class="gpotbl_colhed" scope="col">18
</TH><TH class="gpotbl_colhed" scope="col">19
</TH><TH class="gpotbl_colhed" scope="col">20
</TH></TR><TR><TD align="center" class="gpotbl_cell" colspan="12" scope="row">Service Brake Maximum Stopping Distance—Feet
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0-36,000</TD><TD align="right" class="gpotbl_cell">34</TD><TD align="right" class="gpotbl_cell">38</TD><TD align="right" class="gpotbl_cell">43</TD><TD align="right" class="gpotbl_cell">48</TD><TD align="right" class="gpotbl_cell">53</TD><TD align="right" class="gpotbl_cell">59</TD><TD align="right" class="gpotbl_cell">64</TD><TD align="right" class="gpotbl_cell">70</TD><TD align="right" class="gpotbl_cell">76</TD><TD align="right" class="gpotbl_cell">83</TD><TD align="right" class="gpotbl_cell">89 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36,000-70,000</TD><TD align="right" class="gpotbl_cell">41</TD><TD align="right" class="gpotbl_cell">46</TD><TD align="right" class="gpotbl_cell">52</TD><TD align="right" class="gpotbl_cell">58</TD><TD align="right" class="gpotbl_cell">62</TD><TD align="right" class="gpotbl_cell">70</TD><TD align="right" class="gpotbl_cell">76</TD><TD align="right" class="gpotbl_cell">83</TD><TD align="right" class="gpotbl_cell">90</TD><TD align="right" class="gpotbl_cell">97</TD><TD align="right" class="gpotbl_cell">104 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70,000-14,0000</TD><TD align="right" class="gpotbl_cell">48</TD><TD align="right" class="gpotbl_cell">54</TD><TD align="right" class="gpotbl_cell">61</TD><TD align="right" class="gpotbl_cell">67</TD><TD align="right" class="gpotbl_cell">74</TD><TD align="right" class="gpotbl_cell">81</TD><TD align="right" class="gpotbl_cell">88</TD><TD align="right" class="gpotbl_cell">95</TD><TD align="right" class="gpotbl_cell">103</TD><TD align="right" class="gpotbl_cell">111</TD><TD align="right" class="gpotbl_cell">119 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">140,000-250,000</TD><TD align="right" class="gpotbl_cell">56</TD><TD align="right" class="gpotbl_cell">62</TD><TD align="right" class="gpotbl_cell">69</TD><TD align="right" class="gpotbl_cell">77</TD><TD align="right" class="gpotbl_cell">84</TD><TD align="right" class="gpotbl_cell">92</TD><TD align="right" class="gpotbl_cell">100</TD><TD align="right" class="gpotbl_cell">108</TD><TD align="right" class="gpotbl_cell">116</TD><TD align="right" class="gpotbl_cell">125</TD><TD align="right" class="gpotbl_cell">133 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250,000-400,000</TD><TD align="right" class="gpotbl_cell">59</TD><TD align="right" class="gpotbl_cell">66</TD><TD align="right" class="gpotbl_cell">74</TD><TD align="right" class="gpotbl_cell">81</TD><TD align="right" class="gpotbl_cell">89</TD><TD align="right" class="gpotbl_cell">97</TD><TD align="right" class="gpotbl_cell">105</TD><TD align="right" class="gpotbl_cell">114</TD><TD align="right" class="gpotbl_cell">123</TD><TD align="right" class="gpotbl_cell">132</TD><TD align="right" class="gpotbl_cell">141 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over-400,000</TD><TD align="right" class="gpotbl_cell">63</TD><TD align="right" class="gpotbl_cell">71</TD><TD align="right" class="gpotbl_cell">78</TD><TD align="right" class="gpotbl_cell">86</TD><TD align="right" class="gpotbl_cell">94</TD><TD align="right" class="gpotbl_cell">103</TD><TD align="right" class="gpotbl_cell">111</TD><TD align="right" class="gpotbl_cell">120</TD><TD align="right" class="gpotbl_cell">129</TD><TD align="right" class="gpotbl_cell">139</TD><TD align="right" class="gpotbl_cell">148
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">Stopping distances are computed using a constant deceleration of 9.66 FPS 
<sup>2</sup> and system response times of .5.1, 1.5, 2, 2.25 and 2.5 seconds for each of increasing weight category respectively. Stopping distance values include a one-second operator response time.</P></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table M-2—The Speed of a Vehicle Can Be Determined by Clocking It Through a 100-Foot Measured Course at Constant Velocity Using Table M-2. When the Service Brakes Are Applied at the End of the Course, Stopping Distance Can Be Measured and Compared to Table M-1.
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Miles per hour
</TH><TH class="gpotbl_colhed" scope="col">10
</TH><TH class="gpotbl_colhed" scope="col">11
</TH><TH class="gpotbl_colhed" scope="col">12
</TH><TH class="gpotbl_colhed" scope="col">13
</TH><TH class="gpotbl_colhed" scope="col">14
</TH><TH class="gpotbl_colhed" scope="col">15
</TH><TH class="gpotbl_colhed" scope="col">16
</TH><TH class="gpotbl_colhed" scope="col">17
</TH><TH class="gpotbl_colhed" scope="col">18
</TH><TH class="gpotbl_colhed" scope="col">19
</TH><TH class="gpotbl_colhed" scope="col">20 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Seconds required to travel 100 feet</TD><TD align="right" class="gpotbl_cell">6.8</TD><TD align="right" class="gpotbl_cell">6.2</TD><TD align="right" class="gpotbl_cell">5.7</TD><TD align="right" class="gpotbl_cell">5.2</TD><TD align="right" class="gpotbl_cell">4.9</TD><TD align="right" class="gpotbl_cell">4.5</TD><TD align="right" class="gpotbl_cell">4.3</TD><TD align="right" class="gpotbl_cell">4.0</TD><TD align="right" class="gpotbl_cell">3.8</TD><TD align="right" class="gpotbl_cell">3.6</TD><TD align="right" class="gpotbl_cell">3.4</TD></TR></TABLE></DIV></DIV>
<P>(3) Service brake tests shall be conducted under the direction of the mine operator in cooperation with and according to the instructions provided by the MSHA inspector as follows: 
</P>
<P>(i) Equipment capable of traveling at least 10 miles per hour shall be tested with a typical load for that particular piece of equipment. Front-end loaders shall be tested with the loader bucket empty. Equipment shall not be tested when carrying hazardous loads, such as explosives. 
</P>
<P>(ii) The approach shall be of sufficient length to allow the equipment operator to reach and maintain a constant speed between 10 and 20 miles per hour prior to entering the 100 foot measured area. The constant speed shall be maintained up to the point when the equipment operator receives the signal to apply the brakes. The roadway shall be wide enough to accommodate the size of the equipment being tested. The ground shall be generally level, packed, and dry in the braking portion of the test course. Ground moisture may be present to the extent that it does not adversely affect the braking surface. 
</P>
<P>(iii) Braking is to be performed using only those braking systems, including auxiliary retarders, which are designed to bring the equipment to a stop under normal operating conditions. Parking or emergency (secondary) brakes are not to be actuated during the test. 
</P>
<P>(iv) The tests shall be conducted with the transmission in the gear appropriate for the speed the equipment is traveling except for equipment which is designed for the power train to be disengaged during braking. 
</P>
<P>(v) Testing speeds shall be a minimum of 10 miles per hour and a maximum of 20 miles per hour. 
</P>
<P>(vi) Stopping distances shall be measured from the point at which the equipment operator receives the signal to apply the service brakes to the final stopped position. 
</P>
<P>(4) Test results shall be evaluated as follows: 
</P>
<P>(i) If the initial test run is valid and the stopping distance does not exceed the corresponding stopping distance listed in Table 1, the performance of the service brakes shall be considered acceptable. For tests to be considered valid, the equipment shall not slide sideways or exhibit other lateral motion during the braking portion of the test. 
</P>
<P>(ii) If the equipment exceeds the maximum stopping distance in the initial test run, the mine operator may request from the inspector up to four additional test runs with two runs to be conducted in each direction. The performance of the service brakes shall be considered acceptable if the equipment does not exceed the maximum stopping distance on at least three of the additional tests. 
</P>
<P>(5) Where there is not an appropriate test site at the mine or the equipment is not capable of traveling at least 10 miles per hour, service brake tests will not be conducted. In such cases, the inspector will rely upon other available evidence to determine whether the service brake system meets the performance requirements of this standard. 
</P>
<CITA TYPE="N">[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 57.14102" NODE="30:1.0.1.8.30.13.187.4" TYPE="SECTION">
<HEAD>§ 57.14102   Brakes for rail equipment.</HEAD>
<P>Braking systems on railroad cars and locomotives shall be maintained in functional condition.


</P>
</DIV8>


<DIV8 N="§ 57.14103" NODE="30:1.0.1.8.30.13.187.5" TYPE="SECTION">
<HEAD>§ 57.14103   Operators' stations.</HEAD>
<P>(a) If windows are provided on operators' stations of self-propelled mobile equipment, the windows shall be made of safety glass or material with equivalent safety characteristics. The windows shall be maintained to provide visibility for safe operation. 
</P>
<P>(b) If damaged windows obscure visibility necessary for safe operation, or create a hazard to the equipment operator, the windows shall be replaced or removed. Damaged windows shall be replaced if absence of a window would expose the equipment operator to hazardous environmental conditions which would affect the ability of the equipment operator to safely operate the equipment. 
</P>
<P>(c) The operators' stations of self-propelled mobile equipment shall— 
</P>
<P>(1) Be free of materials that may create a hazard to persons by impairing the safe operation of the equipment; and 
</P>
<P>(2) Not be modified, in a manner that obscures visibility necessary for safe operation.


</P>
</DIV8>


<DIV8 N="§ 57.14104" NODE="30:1.0.1.8.30.13.187.6" TYPE="SECTION">
<HEAD>§ 57.14104   Tire repairs.</HEAD>
<P>(a) Before a tire is removed from a vehicle for tire repair, the valve core shall be partially removed to allow for gradual deflation and then removed. During deflation, to the extent possible, persons shall stand outside of the potential trajectory of the lock ring of a multi-piece wheel rim. 
</P>
<P>(b) To prevent injury from wheel rims during tire inflation, one of the following shall be used: 
</P>
<P>(1) A wheel cage or other restraining device that will constrain all wheel rim components during an explosive separation of a multi-piece wheel rim, or during the sudden release of contained air in a single piece rim wheel; or 
</P>
<P>(2) A stand-off inflation device which permits persons to stand outside of the potential trajectory of wheel components. 


</P>
</DIV8>


<DIV8 N="§ 57.14105" NODE="30:1.0.1.8.30.13.187.7" TYPE="SECTION">
<HEAD>§ 57.14105   Procedures during repairs or maintenance.</HEAD>
<P>Repairs or maintenance on machinery or equipment shall be performed only after the power is off, and the machinery or equipment blocked against hazardous motion. Machinery or equipment motion or activation is permitted to the extent that adjustments or testing cannot be performed without motion or activation, provided that persons are effectively protected from hazardous motion.


</P>
</DIV8>


<DIV8 N="§ 57.14106" NODE="30:1.0.1.8.30.13.187.8" TYPE="SECTION">
<HEAD>§ 57.14106   Falling object protection.</HEAD>
<P>(a) Fork-lift trucks, front-end loaders, and bulldozers shall be provided with falling object protective structures if used in an area where falling objects could create a hazard to the operator. 
</P>
<P>(b) The protective structure shall be capable of withstanding the falling object loads to which it could be subjected.


</P>
</DIV8>


<DIV8 N="§ 57.14107" NODE="30:1.0.1.8.30.13.187.9" TYPE="SECTION">
<HEAD>§ 57.14107   Moving machine parts.</HEAD>
<P>(a) Moving machine parts shall be guarded to protect persons from contacting gears, sprockets, chains, drive, head, tail, and takeup pulleys, flywheels, coupling, shafts, fan blades; and similar moving parts that can cause injury. 
</P>
<P>(b) Guards shall not be required where the exposed moving parts are at least seven feet away from walking or working surfaces. 


</P>
</DIV8>


<DIV8 N="§ 57.14108" NODE="30:1.0.1.8.30.13.187.10" TYPE="SECTION">
<HEAD>§ 57.14108   Overhead drive belts.</HEAD>
<P>Overhead drive belts shall be guarded to contain the whipping action of a broken belt if that action could be hazardous to persons.


</P>
</DIV8>


<DIV8 N="§ 57.14109" NODE="30:1.0.1.8.30.13.187.11" TYPE="SECTION">
<HEAD>§ 57.14109   Unguarded conveyors with adjacent travelways.</HEAD>
<P>Unguarded conveyors next to travelways shall be equipped with—
</P>
<P>(a) Emergency stop devices which are located so that a person falling on or against the conveyor can readily deactivate the conveyor drive motor; or 
</P>
<P>(b) Railings which— 
</P>
<P>(1) Are positioned to prevent persons from falling on or against the conveyor; 
</P>
<P>(2) Will be able to withstand the vibration, shock, and wear to which they will be subjected during normal operation; and 
</P>
<P>(3) Are constructed and maintained so that they will not create a hazard.


</P>
</DIV8>


<DIV8 N="§ 57.14110" NODE="30:1.0.1.8.30.13.187.12" TYPE="SECTION">
<HEAD>§ 57.14110   Flying or falling materials.</HEAD>
<P>In areas where flying or falling materials generated from the operation of screens, crushers, or conveyors present a hazard, guards, shields, or other devices that provide protection against such flying or falling materials shall be provided to protect persons. 


</P>
</DIV8>


<DIV8 N="§ 57.14111" NODE="30:1.0.1.8.30.13.187.13" TYPE="SECTION">
<HEAD>§ 57.14111   Slusher, backlash guards and securing.</HEAD>
<P>(a) When persons are exposed to slushing operations, the slushers shall be equipped with rollers and drum covers and anchored securely before slushing operations are started to protect against hazardous movement before slushing operations are started. 
</P>
<P>(b) Slushers rated over 10 horsepower shall be equipped with backlash guards, unless the equipment operator is otherwise protected. 
</P>
<P>(c) This standard does not apply to air tuggers of 10 horsepower or less that have only one cable and one drum.


</P>
</DIV8>


<DIV8 N="§ 57.14112" NODE="30:1.0.1.8.30.13.187.14" TYPE="SECTION">
<HEAD>§ 57.14112   Construction and maintenance of guards.</HEAD>
<P>(a) Guards shall be constructed and maintained to— 
</P>
<P>(1) Withstand the vibration, shock, and wear to which they will be subjected during normal operation; and 
</P>
<P>(2) Not create a hazard by their use. 
</P>
<P>(b) Guards shall be securely in place while machinery is being operated, except when testing or making adjustments which cannot be performed without removal of the guard. 


</P>
</DIV8>


<DIV8 N="§ 57.14113" NODE="30:1.0.1.8.30.13.187.15" TYPE="SECTION">
<HEAD>§ 57.14113   Inclined conveyors: backstops or brakes.</HEAD>
<P>Backstops or brakes shall be installed on drive units of inclined conveyors to prevent the conveyors from running in reverse, creating a hazard to persons.


</P>
</DIV8>


<DIV8 N="§ 57.14114" NODE="30:1.0.1.8.30.13.187.16" TYPE="SECTION">
<HEAD>§ 57.14114   Air valves for pneumatic equipment.</HEAD>
<P>A manual master quick-close type air valve shall be installed on all pneumatic-powered equipment if there is a hazard of uncontrolled movement when the air supply is activated. The valve shall be closed except when the equipment is being operated. 
</P>
<CITA TYPE="N">[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 57.14115" NODE="30:1.0.1.8.30.13.187.17" TYPE="SECTION">
<HEAD>§ 57.14115   Stationary grinding machines.</HEAD>
<P>Stationary grinding machines, other than special bit grinders, shall be equipped with— 
</P>
<P>(a) Peripheral hoods capable of withstanding the force of a bursting wheel and enclosing not less than 270°—of the periphery of the wheel; 
</P>
<P>(b) Adjustable tool rests set so that the distance between the grinding surface of the wheel and the tool rest is not greater than 
<FR>1/8</FR> inch; and 
</P>
<P>(c) A safety washer on each side of the wheel.
</P>
<CITA TYPE="N">[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 57.14116" NODE="30:1.0.1.8.30.13.187.18" TYPE="SECTION">
<HEAD>§ 57.14116   Hand-held power tools.</HEAD>
<P>(a) Power drills, disc sanders, grinders and circular and chain saws, when used in the hand-held mode shall be operated with controls which require constant hand or finger pressure. 
</P>
<P>(b) Circular saws and chain saws shall not be equipped with devices which lock-on the operating controls.


</P>
</DIV8>


<DIV8 N="§ 57.14130" NODE="30:1.0.1.8.30.13.187.19" TYPE="SECTION">
<HEAD>§ 57.14130   Roll-over protective structures (ROPS) and seat belts for surface equipment.</HEAD>
<P>(a) <I>Equipment included.</I> Roll-over protective structures (ROPS) and seat belts shall be installed on— 
</P>
<P>(1) Crawler tractors and crawler loaders; 
</P>
<P>(2) Graders; 
</P>
<P>(3) Wheel loaders and wheel tractors; 
</P>
<P>(4) The tractor portion of semi-mounted scrapers, dumpers, water wagons, bottom-dump wagons, rear-dump wagons, and towed fifth wheel attachments; 
</P>
<P>(5) Skid-steer loaders; and 
</P>
<P>(6) Agricultural tractors. 
</P>
<P>(b) <I>ROPS construction.</I> ROPS shall meet the requirements of the following Society of Automotive Engineers (SAE) publications, as applicable, which are incorporated by reference: 
</P>
<P>(1) SAE J1040, “Performance Criteria for Roll-Over Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines,”, 1986; or 
</P>
<P>(2) SAE J1194, “Roll-Over Protective Structures (ROPS) for Wheeled Agricultural Tractors”, 1983. 
</P>
<P>(c) <I>ROPS labeling.</I> ROPS shall have a label permanently affixed to the structure identifying— 
</P>
<P>(1) The manufacturer's name and address; 
</P>
<P>(2) The ROPS model number; and 
</P>
<P>(3) The make and model number of the equipment for which the ROPS is designed. 
</P>
<P>(d) <I>ROPS installation.</I> ROPS shall be installed on the equipment in accordance with the recommendations of the ROPS manufacturer. 
</P>
<P>(e) <I>ROPS maintenance.</I> (1) ROPS shall be maintained in a condition that meets the performance requirements applicable to the equipment. If the ROPS is subjected to a roll-over or abnormal structural loading, the equipment manufacturer or a registered professional engineer with knowledge and experience in ROPS design shall recertify that the ROPS meets the applicable performance requirements before it is returned to service. 
</P>
<P>(2) Alterations or repairs on ROPS shall be performed only with approval from the ROPS manufacturer or under the instructions of a registered professional engineer with knowledge and experience in ROPS design. The manufacturer or engineer shall certify that the ROPS meets the applicable performance requirements. 
</P>
<P>(f) <I>Exemptions.</I> (1) This standard does not apply to— 
</P>
<P>(i) Self-propelled mobile equipment manufactured prior to July 1, 1969; 
</P>
<P>(ii) Over-the-road type tractors that pull trailers or vans on highways; 
</P>
<P>(iii) Equipment that is only operated by remote control; and 
</P>
<P>(2) Self-propelled mobile equipment manufactured prior to October 24, 1988, that is equipped with ROPS and seat belts that meet the installation and performance requirements of 30 CFR 57.9088 (1986 edition) shall be considered in compliance with paragraphs (b) and (h) of this section.
</P>
<P>(g) <I>Wearing seat belts.</I> Seat belts shall be worn by the equipment operator except that when operating graders from a standing position, the grader operator shall wear safety lines and a harness in place of a seat belt.
</P>
<P>(h) <I>Seat belts construction.</I> Seat belts required under this section shall meet the requirement of SAE J386, “Operator Restraint System for Off-Road Work Machines” (1985, 1993, or 1997), or SAE J1194, “Roll-Over Protective Structures (ROPS) for Wheeled Agricultural Tractors” (1983, 1989, 1994, or 1999), as applicable, which are incorporated by reference.
</P>
<P>(i) <I>Seat belt maintenance.</I> Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.
</P>
<P>(j) <I>Publications.</I> The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001; 724-776-4841; <I>http://www.sae.org.</I>
</P>
<CITA TYPE="N">[53 FR 32528, Aug. 25, 1988; 53 FR 44588, Nov. 4, 1988, as amended at 60 FR 33722, June 29, 1995; 67 FR 38385, June 4, 2002; 68 FR 19347, Apr. 21, 2003; 80 FR 52988, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 57.14131" NODE="30:1.0.1.8.30.13.187.20" TYPE="SECTION">
<HEAD>§ 57.14131   Seat belts for surface haulage trucks.</HEAD>
<P>(a) Seat belts shall be provided and worn in haulage trucks.
</P>
<P>(b) Seat belts shall be maintained in functional condition, and replaced when necessary to assure proper performance.
</P>
<P>(c) Seat belts required under this section shall meet the requirements of SAE J386, “Operator Restraint System for Off-Road Work Machines” (1985, 1993, or 1997), which are incorporated by reference. 
</P>
<P>(d) The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001; 724-776-4841; <I>http://www.sae.org.</I>
</P>
<CITA TYPE="N">[53 FR 32528, Aug. 25, 1988, as amended at 67 FR 38385, June 4, 2002; 68 FR 19347, Apr. 21, 2003; 80 FR 52988, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 57.14132" NODE="30:1.0.1.8.30.13.187.21" TYPE="SECTION">
<HEAD>§ 57.14132   Horns and backup alarms for surface equipment.</HEAD>
<P>(a) Manually-operated horns or other audible warning devices provided on self-propelled mobile equipment as a safety device shall be maintained in a functional condition.
</P>
<P>(b)(1) When the operator has an obstructed view to the rear, self-propelled mobile equipment shall have—
</P>
<P>(i) An automatic reverse-activated signal alarm;
</P>
<P>(ii) A wheel-mounted bell alarm which sounds at least once for each three feet of reverse movement;
</P>
<P>(iii) A discriminating backup alarm that covers the area of obstructed view; or
</P>
<P>(iv) An observer to signal when it is safe to back up.
</P>
<P>(2) Alarms shall be audible above the surrounding noise level.
</P>
<P>(3) An automatic reverse-activated strobe light may be used at night in lieu of an audible reverse alarm.
</P>
<P>(c) This standard does not apply to rail equipment.


</P>
</DIV8>


<DIV8 N="§ 57.14160" NODE="30:1.0.1.8.30.13.187.22" TYPE="SECTION">
<HEAD>§ 57.14160   Mantrip trolley wire hazards underground.</HEAD>
<P>Mantrips shall be covered if there is danger of persons contacting the trolley wire. 


</P>
</DIV8>


<DIV8 N="§ 57.14161" NODE="30:1.0.1.8.30.13.187.23" TYPE="SECTION">
<HEAD>§ 57.14161   Makeshift couplings.</HEAD>
<P>Couplings used on underground rail equipment shall be designed for that equipment, except that makeshift couplings may be used to move disabled rail equipment for repairs if no hazard to persons is created.


</P>
</DIV8>


<DIV8 N="§ 57.14162" NODE="30:1.0.1.8.30.13.187.24" TYPE="SECTION">
<HEAD>§ 57.14162   Trip lights.</HEAD>
<P>On underground rail haulage, trip lights shall be used on the rear of pulled trips and on the front of pushed trips.


</P>
</DIV8>

</DIV7>


<DIV7 N="188" NODE="30:1.0.1.8.30.13.188" TYPE="SUBJGRP">
<HEAD>Safety Practices and Operational Procedures</HEAD>


<DIV8 N="§ 57.14200" NODE="30:1.0.1.8.30.13.188.25" TYPE="SECTION">
<HEAD>§ 57.14200   Warnings prior to starting or moving equipment.</HEAD>
<P>Before starting crushers or moving self-propelled mobile equipment, equipment operators shall sound a warning that is audible above the surrounding noise level or use other effective means to warn all persons who could be exposed to a hazard from the equipment.


</P>
</DIV8>


<DIV8 N="§ 57.14201" NODE="30:1.0.1.8.30.13.188.26" TYPE="SECTION">
<HEAD>§ 57.14201   Conveyor start-up warnings.</HEAD>
<P>(a) When the entire length of a conveyor is visible from the starting switch, the conveyor operator shall visually check to make certain that all persons are in the clear before starting the conveyor.
</P>
<P>(b) When the entire length of the conveyor is not visible from the starting switch, a system which provides visible or audible warning shall be installed and operated to warn persons that the conveyor will be started. Within 30 seconds after the warning is given, the conveyor shall be started or a second warning shall be given.


</P>
</DIV8>


<DIV8 N="§ 57.14202" NODE="30:1.0.1.8.30.13.188.27" TYPE="SECTION">
<HEAD>§ 57.14202   Manual cleaning of conveyor pulleys.</HEAD>
<P>Pulleys of conveyors shall not be cleaned manually while the conveyor is in motion.


</P>
</DIV8>


<DIV8 N="§ 57.14203" NODE="30:1.0.1.8.30.13.188.28" TYPE="SECTION">
<HEAD>§ 57.14203   Application of belt dressing.</HEAD>
<P>Belt dressings shall not be applied manually while belts are in motion unless a pressurized-type applicator is used that allows the dressing to be applied from outside the guards.


</P>
</DIV8>


<DIV8 N="§ 57.14204" NODE="30:1.0.1.8.30.13.188.29" TYPE="SECTION">
<HEAD>§ 57.14204   Machinery lubrication.</HEAD>
<P>Machinery or equipment shall not be lubricated manually while it is in motion where application of the lubricant may expose persons to injury.


</P>
</DIV8>


<DIV8 N="§ 57.14205" NODE="30:1.0.1.8.30.13.188.30" TYPE="SECTION">
<HEAD>§ 57.14205   Machinery, equipment, and tools.</HEAD>
<P>Machinery, equipment, and tools shall not be used beyond the design capacity intended by the manufacturer, where such use may create a hazard to persons.


</P>
</DIV8>


<DIV8 N="§ 57.14206" NODE="30:1.0.1.8.30.13.188.31" TYPE="SECTION">
<HEAD>§ 57.14206   Securing movable parts.</HEAD>
<P>(a) When moving mobile equipment between workplaces, booms, forks, buckets, beds, and similar movable parts of the equipment shall be positioned in the travel mode and, if required for safe travel, mechanically secured.
</P>
<P>(b) When mobile equipment is unattended or not in use, dippers, buckets and scraper blades shall be lowered to the ground. Other movable parts, such as booms, shall be mechanically secured or positioned to prevent movement which would create a hazard to persons. 


</P>
</DIV8>


<DIV8 N="§ 57.14207" NODE="30:1.0.1.8.30.13.188.32" TYPE="SECTION">
<HEAD>§ 57.14207   Parking procedures for unattended equipment.</HEAD>
<P>Mobile equipment shall not be left unattended unless the controls are placed in the park position and the parking brake, if provided, is set. When parked on a grade, the wheels or tracks of mobile equipment shall be either chocked or turned into a bank or rib.


</P>
</DIV8>


<DIV8 N="§ 57.14208" NODE="30:1.0.1.8.30.13.188.33" TYPE="SECTION">
<HEAD>§ 57.14208   Warning devices.</HEAD>
<P>(a) Visible warning devices shall be used when parked mobile equipment creates a hazard to persons in other mobile equipment.
</P>
<P>(b) Mobile equipment, other than forklifts, carrying loads that project beyond the sides or more than four feet beyond the rear of the equipment shall have a warning flag at the end of the projection. Under conditions of limited visibility these loads shall have a warning light at the end of the projection. Such flags or lights shall be attached to the end of the projection or be carried by persons walking beside or behind the projection.


</P>
</DIV8>


<DIV8 N="§ 57.14209" NODE="30:1.0.1.8.30.13.188.34" TYPE="SECTION">
<HEAD>§ 57.14209   Safety procedures for towing.</HEAD>
<P>(a) A properly sized tow bar or other effective means of control shall be used to tow mobile equipment.
</P>
<P>(b) Unless steering and braking are under the control of the equipment operator on the towed equipment, a safety chain or wire rope capable of withstanding the loads to which it could be subjected shall be used in conjunction with any primary rigging.
</P>
<P>(c) This provision does not apply to rail equipment.


</P>
</DIV8>


<DIV8 N="§ 57.14210" NODE="30:1.0.1.8.30.13.188.35" TYPE="SECTION">
<HEAD>§ 57.14210   Movement of dippers, buckets, loading booms, or suspended loads.</HEAD>
<P>(a) Dippers, buckets, loading booms, or suspended loads shall not be swung over the operators' stations of self-propelled mobile equipment until the equipment operator is out of the operator's station and in a safe location.
</P>
<P>(b) This section does not apply when the equipment is specifically designed to protect the equipment operator from falling objects.


</P>
</DIV8>


<DIV8 N="§ 57.14211" NODE="30:1.0.1.8.30.13.188.36" TYPE="SECTION">
<HEAD>§ 57.14211   Blocking equipment in a raised position.</HEAD>
<P>(a) Persons shall not work on top of, under, or work from mobile equipment in a raised position until the equipment has been blocked or mechanically secured to prevent it from rolling or falling accidentally.
</P>
<P>(b) Persons shall not work on top of, under, or work from a raised component of mobile equipment until the component has been blocked or mechanically secured to prevent accidental lowering. The equipment must also be blocked or secured to prevent rolling.
</P>
<P>(c) A raised component must be secured to prevent accidental lowering when persons are working on or around mobile equipment and are exposed to the hazard of accidental lowering of the component.
</P>
<P>(d) Under this section, a raised component of mobile equipment is considered to be blocked or mechanically secured if provided with a functional load-locking device or devices which prevent free and uncontrolled descent.
</P>
<P>(e) Blocking or mechanical securing of the raised component is required during repair or maintenance of elevated mobile work platforms.


</P>
</DIV8>


<DIV8 N="§ 57.14212" NODE="30:1.0.1.8.30.13.188.37" TYPE="SECTION">
<HEAD>§ 57.14212   Chains, ropes, and drive belts.</HEAD>
<P>Chains, ropes, and drive belts shall be guided mechanically onto moving pulleys, sprockets, or drums except where equipment is designed specifically for hand feeding.


</P>
</DIV8>


<DIV8 N="§ 57.14213" NODE="30:1.0.1.8.30.13.188.38" TYPE="SECTION">
<HEAD>§ 57.14213   Ventilation and shielding for welding.</HEAD>
<P>(a) Welding operations shall be shielded when performed at locations where arc flash could be hazardous to persons.
</P>
<P>(b) All welding operations shall be well-ventilated. 


</P>
</DIV8>


<DIV8 N="§ 57.14214" NODE="30:1.0.1.8.30.13.188.39" TYPE="SECTION">
<HEAD>§ 57.14214   Train warnings.</HEAD>
<P>A warning that is audible above the surrounding noise level shall be sounded—
</P>
<P>(a) Immediately prior to moving trains;
</P>
<P>(b) When trains approach persons, crossing, other trains on adjacent tracks; and
</P>
<P>(c) Any place where the train operator's vision is obscured.


</P>
</DIV8>


<DIV8 N="§ 57.14215" NODE="30:1.0.1.8.30.13.188.40" TYPE="SECTION">
<HEAD>§ 57.14215   Coupling or uncoupling cars.</HEAD>
<P>Prior to coupling or uncoupling cars manually, trains shall be brought to a complete stop, and then moved at minimum tram speed until the coupling or uncoupling activity is completed. Coupling or uncoupling shall not be attempted from the inside of curves unless the railroad and cars are designed to eliminate hazards to persons.


</P>
</DIV8>


<DIV8 N="§ 57.14216" NODE="30:1.0.1.8.30.13.188.41" TYPE="SECTION">
<HEAD>§ 57.14216   Backpoling.</HEAD>
<P>Backpoling of trolleys is prohibited except where there is inadequate clearance to reverse the trolley pole. Where backpoling is required, it shall be done only at the minimum tram speed of the trolley.


</P>
</DIV8>


<DIV8 N="§ 57.14217" NODE="30:1.0.1.8.30.13.188.42" TYPE="SECTION">
<HEAD>§ 57.14217   Securing parked railcars.</HEAD>
<P>Parked railcars shall be blocked securely unless held effectively by brakes.


</P>
</DIV8>


<DIV8 N="§ 57.14218" NODE="30:1.0.1.8.30.13.188.43" TYPE="SECTION">
<HEAD>§ 57.14218   Movement of equipment on adjacent tracks.</HEAD>
<P>When a locomotive on one track is used to move rail equipment on adjacent tracks, a chain, cable, or drawbar shall be used which is capable of withstanding the loads to which it could be subjected.


</P>
</DIV8>


<DIV8 N="§ 57.14219" NODE="30:1.0.1.8.30.13.188.44" TYPE="SECTION">
<HEAD>§ 57.14219   Brakeman signals.</HEAD>
<P>When a train is under the direction of a brakeman and the train operator cannot clearly recognize the brakeman's signals, the train operator shall bring the train to a stop.


</P>
</DIV8>

</DIV7>


<DIV9 N="Appendix I" NODE="30:1.0.1.8.30.13.189.45.8" TYPE="APPENDIX">
<HEAD>Appendix I to Subpart M of Part 57—National Consensus Standards
</HEAD>
<P>Mine operators seeking further information regarding the construction and installation of falling object protective structures (FOPS) may consult the following national consensus standards, as applicable.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">MSHA Standard 57.14106, Falling Object Protection
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Equipment
</TH><TH class="gpotbl_colhed" scope="col">National consensus standard
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Front-end loaders and bulldozers</TD><TD align="left" class="gpotbl_cell">Society of Automotive Engineers (SAE) minimum performance criteria for falling object protective structures (FOPS) SAE J231—January, 1981.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Fork-lift trucks</TD><TD align="left" class="gpotbl_cell">American National Standards Institute (ANSI) safety standard for low lift and high lift trucks, B 56.1, section 7.27—1983; or
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">American National Standards Institute (ANSI) standard, rough terrain fork lift trucks, B 56.6—1987.</TD></TR></TABLE></DIV></DIV>
</DIV9>

</DIV6>


<DIV6 N="N" NODE="30:1.0.1.8.30.14" TYPE="SUBPART">
<HEAD>Subpart N—Personal Protection</HEAD>


<DIV7 N="189" NODE="30:1.0.1.8.30.14.189" TYPE="SUBJGRP">
<HEAD>Surface and Underground</HEAD>


<DIV8 N="§ 57.15001" NODE="30:1.0.1.8.30.14.189.1" TYPE="SECTION">
<HEAD>§ 57.15001   First aid materials.</HEAD>
<P>Adequate first-aid materials, including stretchers and blankets shall be provided at places convenient to all working areas. Water or neutralizing agents shall be available where corrosive chemicals or other harmful substances are stored, handled, or used.


</P>
</DIV8>


<DIV8 N="§ 57.15002" NODE="30:1.0.1.8.30.14.189.2" TYPE="SECTION">
<HEAD>§ 57.15002   Hard hats.</HEAD>
<P>All persons shall wear suitable hard hats when in or around a mine or plant where falling objects may create a hazard.


</P>
</DIV8>


<DIV8 N="§ 57.15003" NODE="30:1.0.1.8.30.14.189.3" TYPE="SECTION">
<HEAD>§ 57.15003   Protective footwear.</HEAD>
<P>All persons shall wear suitable protective footwear when in or around an area of a mine or plant where a hazard exists which could cause an injury to the feet.


</P>
</DIV8>


<DIV8 N="§ 57.15004" NODE="30:1.0.1.8.30.14.189.4" TYPE="SECTION">
<HEAD>§ 57.15004   Eye protection.</HEAD>
<P>All persons shall wear safety glasses, goggles, or face shields or other suitable protective devices when in or around an area of a mine or plant where a hazard exists which could cause injury to unprotected eyes.


</P>
</DIV8>


<DIV8 N="§ 57.15005" NODE="30:1.0.1.8.30.14.189.5" TYPE="SECTION">
<HEAD>§ 57.15005   Safety belts and lines.</HEAD>
<P>Safety belts and lines shall be worn when persons work where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered.


</P>
</DIV8>


<DIV8 N="§ 57.15006" NODE="30:1.0.1.8.30.14.189.6" TYPE="SECTION">
<HEAD>§ 57.15006   Protective equipment and clothing for hazards and irritants.</HEAD>
<P>Special protective equipment and special protective clothing shall be provided, maintained in a sanitary and reliable condition and used whenever hazards of process or environment, chemical hazards, radiological hazards, or mechanical irritants are encountered in a manner capable of causing injury or impairment.


</P>
</DIV8>


<DIV8 N="§ 57.15007" NODE="30:1.0.1.8.30.14.189.7" TYPE="SECTION">
<HEAD>§ 57.15007   Protective equipment or clothing for welding, cutting, or working with molten metal.</HEAD>
<P>Protective clothing or equipment and face shields or goggles shall be worn when welding, cutting, or working with molten metal.


</P>
</DIV8>


<DIV8 N="§ 57.15014" NODE="30:1.0.1.8.30.14.189.8" TYPE="SECTION">
<HEAD>§ 57.15014   Eye protection when operating grinding wheels.</HEAD>
<P>Face shields or goggles in good condition shall be worn when operating a grinding wheel.
</P>
<CITA TYPE="N">[53 FR 32533, Aug. 25, 1988]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="190" NODE="30:1.0.1.8.30.14.190" TYPE="SUBJGRP">
<HEAD>Surface Only</HEAD>


<DIV8 N="§ 57.15020" NODE="30:1.0.1.8.30.14.190.9" TYPE="SECTION">
<HEAD>§ 57.15020   Life jackets and belts.</HEAD>
<P>Life jackets or belts shall be worn where there is danger from falling into water.


</P>
</DIV8>

</DIV7>


<DIV7 N="191" NODE="30:1.0.1.8.30.14.191" TYPE="SUBJGRP">
<HEAD>Underground Only</HEAD>


<DIV8 N="§ 57.15030" NODE="30:1.0.1.8.30.14.191.10" TYPE="SECTION">
<HEAD>§ 57.15030   Provision and maintenance of self-rescue devices.</HEAD>
<P>A 1-hour self-rescue device approved by MSHA and NIOSH under 42 CFR part 84 shall be made available by the operator to all personnel underground. Each operator shall maintain self-rescue devices in good condition. 
</P>
<CITA TYPE="N">[60 FR 30401, June 8, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 57.15031" NODE="30:1.0.1.8.30.14.191.11" TYPE="SECTION">
<HEAD>§ 57.15031   Location of self-rescue devices.</HEAD>
<P>(a) Except as provided in paragraph (b) and (c) of this section, self-rescue devices meeting the requirements of standard 57.15030 shall be worn or carried by all persons underground.
</P>
<P>(b) Where the wearing or carrying of self-rescue devices meeting the requirements of standard 57.15030 is hazardous to a person, such self-rescue devices shall be located at a distance no greater than 25 feet from such person.
</P>
<P>(c) Where a person works on or around mobile equipment, self-rescue devices may be placed in a readily accessible location on such equipment.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="O" NODE="30:1.0.1.8.30.15" TYPE="SUBPART">
<HEAD>Subpart O—Materials Storage and Handling</HEAD>


<DIV8 N="§ 57.16001" NODE="30:1.0.1.8.30.15.192.1" TYPE="SECTION">
<HEAD>§ 57.16001   Stacking and storage of materials.</HEAD>
<P>Supplies shall not be stacked or stored in a manner which creates tripping or fall-of-material hazards.


</P>
</DIV8>


<DIV8 N="§ 57.16002" NODE="30:1.0.1.8.30.15.192.2" TYPE="SECTION">
<HEAD>§ 57.16002   Bins, hoppers, silos, tanks, and surge piles.</HEAD>
<P>(a) Bins, hoppers, silos, tanks, and surge piles, where loose unconsolidated materials are stored, handled or transferred shall be—
</P>
<P>(1) Equipped with mechanical devices or other effective means of handling materials so that during normal operations persons are not required to enter or work where they are exposed to entrapment by the caving or sliding of materials; and 
</P>
<P>(2) Equipped with supply and discharge operating controls. The controls shall be located so that spills or overruns will not endanger persons.
</P>
<P>(b) Where persons are required to move around or over any facility listed in this standard, suitable walkways or passageways shall be provided.
</P>
<P>(c) Where persons are required to enter any facility listed in this standard for maintenance or inspection purposes, ladders, platforms, or staging shall be provided. No person shall enter the facility until the supply and discharge of materials have ceased and the supply and discharge equipment is locked out. Persons entering the facility shall wear a safety belt or harness equipped with a lifeline suitably fastened. A second person, similarly equipped, shall be stationed near where the lifeline is fastened and shall constantly adjust it or keep it tight as needed, with minimum slack. 


</P>
</DIV8>


<DIV8 N="§ 57.16003" NODE="30:1.0.1.8.30.15.192.3" TYPE="SECTION">
<HEAD>§ 57.16003   Storage of hazardous materials.</HEAD>
<P>Materials that can create hazards if accidentally liberated from their containers shall be stored in a manner that minimizes the dangers.


</P>
</DIV8>


<DIV8 N="§ 57.16004" NODE="30:1.0.1.8.30.15.192.4" TYPE="SECTION">
<HEAD>§ 57.16004   Containers for hazardous materials.</HEAD>
<P>Containers holding hazardous materials must be of a type approved for such use by recognized agencies.
</P>
<CITA TYPE="N">[67 FR 42389, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 57.16005" NODE="30:1.0.1.8.30.15.192.5" TYPE="SECTION">
<HEAD>§ 57.16005   Securing gas cylinders.</HEAD>
<P>Compressed and liquid gas cylinders shall be secured in a safe manner.


</P>
</DIV8>


<DIV8 N="§ 57.16006" NODE="30:1.0.1.8.30.15.192.6" TYPE="SECTION">
<HEAD>§ 57.16006   Protection of gas cylinder valves.</HEAD>
<P>Valves on compressed gas cylinders shall be protected by covers when being transported or stored, and by a safe location when the cylinders are in use.


</P>
</DIV8>


<DIV8 N="§ 57.16007" NODE="30:1.0.1.8.30.15.192.7" TYPE="SECTION">
<HEAD>§ 57.16007   Taglines, hitches, and slings.</HEAD>
<P>(a) Taglines shall be attached to loads that may require steadying or guidance while suspended.
</P>
<P>(b) Hitches and slings used to hoist materials shall be suitable for the particular material handled. 


</P>
</DIV8>


<DIV8 N="§ 57.16009" NODE="30:1.0.1.8.30.15.192.8" TYPE="SECTION">
<HEAD>§ 57.16009   Suspended loads.</HEAD>
<P>Persons shall stay clear of suspended loads.


</P>
</DIV8>


<DIV8 N="§ 57.16010" NODE="30:1.0.1.8.30.15.192.9" TYPE="SECTION">
<HEAD>§ 57.16010   Dropping materials from overhead.</HEAD>
<P>To protect personnel, material shall not be dropped from an overhead elevation until the drop area is first cleared of personnel and the area is then either guarded or a suitable warning is given.


</P>
</DIV8>


<DIV8 N="§ 57.16011" NODE="30:1.0.1.8.30.15.192.10" TYPE="SECTION">
<HEAD>§ 57.16011   Riding hoisted loads or on the hoist hook.</HEAD>
<P>Persons shall not ride on loads being moved by cranes or derricks, nor shall they ride the hoisting hooks unless such method eliminates a greater hazard.


</P>
</DIV8>


<DIV8 N="§ 57.16012" NODE="30:1.0.1.8.30.15.192.11" TYPE="SECTION">
<HEAD>§ 57.16012   Storage of incompatible substances.</HEAD>
<P>Chemical substances, including concentrated acids and alkalies, shall be stored to prevent inadvertent contact with each other or with other substances, where such contact could cause a violent reaction or the liberation of harmful fumes or gases.


</P>
</DIV8>


<DIV8 N="§ 57.16013" NODE="30:1.0.1.8.30.15.192.12" TYPE="SECTION">
<HEAD>§ 57.16013   Working with molten metal.</HEAD>
<P>Suitable warning shall be given before molten metal is poured and before a container of molten metal is moved. 


</P>
</DIV8>


<DIV8 N="§ 57.16014" NODE="30:1.0.1.8.30.15.192.13" TYPE="SECTION">
<HEAD>§ 57.16014   Operator-carrying overhead cranes.</HEAD>
<P>Operator-carrying overhead cranes shall be provided with—
</P>
<P>(a) Bumpers at each end of each rail;
</P>
<P>(b) Automatic switches to halt uptravel of the blocks before they strike the hoist;
</P>
<P>(c) Effective audible warning signals within easy reach of the operator; and
</P>
<P>(d) A means to lock out the disconnect switch.


</P>
</DIV8>


<DIV8 N="§ 57.16015" NODE="30:1.0.1.8.30.15.192.14" TYPE="SECTION">
<HEAD>§ 57.16015   Work or travel on overhead crane bridges.</HEAD>
<P>No person shall work from or travel on the bridge of an overhead crane unless the bridge is provided with substantial footwalks with toeboards and railings the length of the bridge.


</P>
</DIV8>


<DIV8 N="§ 57.16016" NODE="30:1.0.1.8.30.15.192.15" TYPE="SECTION">
<HEAD>§ 57.16016   Lift trucks.</HEAD>
<P>Fork and other similar types of lift trucks shall be operated with the:
</P>
<P>(a) Upright tilted back to steady and secure the load;
</P>
<P>(b) Load in the upgrade position when ascending or descending grades in excess of 10 percent;
</P>
<P>(c) Load not raised or lowered enroute except for minor adjustments; and
</P>
<P>(d) Load-engaging device downgrade when traveling unloaded on all grades. 


</P>
</DIV8>


<DIV8 N="§ 57.16017" NODE="30:1.0.1.8.30.15.192.16" TYPE="SECTION">
<HEAD>§ 57.16017   Hoisting heavy equipment or material.</HEAD>
<P>Where the stretching or contraction of a hoist rope could create a hazard, chairs or other suitable blocking shall be used to support conveyances at shaft landings before heavy equipment or material is loaded or unloaded. 


</P>
</DIV8>

</DIV6>


<DIV6 N="P" NODE="30:1.0.1.8.30.16" TYPE="SUBPART">
<HEAD>Subpart P—Illumination</HEAD>


<DIV8 N="§ 57.17001" NODE="30:1.0.1.8.30.16.192.1" TYPE="SECTION">
<HEAD>§ 57.17001   Illumination of surface working areas.</HEAD>
<P>Illumination sufficient to provide safe working conditions shall be provided in and on all surface structures, paths, walkways, stairways, switch panels, loading and dumping sites, and working areas.


</P>
</DIV8>


<DIV8 N="§ 57.17010" NODE="30:1.0.1.8.30.16.192.2" TYPE="SECTION">
<HEAD>§ 57.17010   Electric lamps.</HEAD>
<P>Individual electric lamps shall be carried for illumination by all persons underground.


</P>
</DIV8>

</DIV6>


<DIV6 N="Q" NODE="30:1.0.1.8.30.17" TYPE="SUBPART">
<HEAD>Subpart Q—Safety Programs</HEAD>


<DIV7 N="192" NODE="30:1.0.1.8.30.17.192" TYPE="SUBJGRP">
<HEAD>Surface and Underground</HEAD>


<DIV8 N="§ 57.18002" NODE="30:1.0.1.8.30.17.192.1" TYPE="SECTION">
<HEAD>§ 57.18002   Examination of working places.</HEAD>
<P>(a) A competent person designated by the operator shall examine each working place at least once each shift before miners begin work in that place, for conditions that may adversely affect safety or health.
</P>
<P>(1) The operator shall promptly notify miners in any affected areas of any conditions found that may adversely affect safety or health and promptly initiate appropriate action to correct such conditions.
</P>
<P>(2) Conditions noted by the person conducting the examination that may present an imminent danger shall be brought to the immediate attention of the operator who shall withdraw all persons from the area affected (except persons referred to in section 104(c) of the Federal Mine Safety and Health Act of 1977) until the danger is abated.
</P>
<P>(b) A record of each examination shall be made before the end of the shift for which the examination was conducted. The record shall contain the name of the person conducting the examination; date of the examination; location of all areas examined; and description of each condition found that may adversely affect the safety or health of miners.
</P>
<P>(c) When a condition that may adversely affect safety or health is corrected, the examination record shall include, or be supplemented to include, the date of the corrective action.
</P>
<P>(d) The operator shall maintain the examination records for at least one year, make the records available for inspection by authorized representatives of the Secretary and the representatives of miners, and provide these representatives a copy on request.
</P>
<CITA TYPE="N">[84 FR 51401, Sept. 30, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 57.18006" NODE="30:1.0.1.8.30.17.192.2" TYPE="SECTION">
<HEAD>§ 57.18006   New employees.</HEAD>
<P>New employees shall be indoctrinated in safety rules and safe work procedures.


</P>
</DIV8>


<DIV8 N="§ 57.18009" NODE="30:1.0.1.8.30.17.192.3" TYPE="SECTION">
<HEAD>§ 57.18009   Designation of person in charge.</HEAD>
<P>When persons are working at the mine, a competent person designated by the mine operator shall be in attendance to take charge in case of an emergency.


</P>
</DIV8>


<DIV8 N="§ 57.18010" NODE="30:1.0.1.8.30.17.192.4" TYPE="SECTION">
<HEAD>§ 57.18010   First aid.</HEAD>
<P>An individual capable of providing first aid shall be available on all shifts. The individual shall be currently trained and have the skills to perform patient assessment and artificial respiration; control bleeding; and treat shock, wounds, burns, and musculoskeletal injuries. First aid training shall be made available to all interested miners. 
</P>
<CITA TYPE="N">[61 FR 50436, Sept. 26, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 57.18012" NODE="30:1.0.1.8.30.17.192.5" TYPE="SECTION">
<HEAD>§ 57.18012   Emergency telephone numbers.</HEAD>
<P>Emergency telephone numbers shall be posted at appropriate telephones.


</P>
</DIV8>


<DIV8 N="§ 57.18013" NODE="30:1.0.1.8.30.17.192.6" TYPE="SECTION">
<HEAD>§ 57.18013   Emergency communications system.</HEAD>
<P>A suitable communication system shall be provided at the mine to obtain assistance in the event of an emergency.


</P>
</DIV8>


<DIV8 N="§ 57.18014" NODE="30:1.0.1.8.30.17.192.7" TYPE="SECTION">
<HEAD>§ 57.18014   Emergency medical assistance and transportation.</HEAD>
<P>Arrangements shall be made in advance for obtaining emergency medical assistance and transportation for injured persons.


</P>
</DIV8>

</DIV7>


<DIV7 N="193" NODE="30:1.0.1.8.30.17.193" TYPE="SUBJGRP">
<HEAD>Surface Only</HEAD>


<DIV8 N="§ 57.18020" NODE="30:1.0.1.8.30.17.193.8" TYPE="SECTION">
<HEAD>§ 57.18020   Working alone.</HEAD>
<P>No employee shall be assigned, or allowed, or be required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen.


</P>
</DIV8>

</DIV7>


<DIV7 N="194" NODE="30:1.0.1.8.30.17.194" TYPE="SUBJGRP">
<HEAD>Underground Only</HEAD>


<DIV8 N="§ 57.18025" NODE="30:1.0.1.8.30.17.194.9" TYPE="SECTION">
<HEAD>§ 57.18025   Working alone.</HEAD>
<P>No employee shall be assigned, or allowed, or be required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless his cries for help can be heard or he can be seen.


</P>
</DIV8>


<DIV8 N="§ 57.18028" NODE="30:1.0.1.8.30.17.194.10" TYPE="SECTION">
<HEAD>§ 57.18028   Mine emergency and self-rescuer training.</HEAD>
<P>(a) On an annual basis, all persons who are required to go underground shall be instructed in the Mine Safety and Health Administration approved course contained in Bureau of Mines Instruction Guide 19, “Mine Emergency Training” (September 1972). The instruction shall be given by MSHA personnel or by persons who are certified by the District Manager of the area in which the mine is located.
</P>
<P>(b) On an annual basis, all persons who go underground shall be instructed in the Mine Safety and Health Administration course contained in Bureau of Mines Instruction Guide 2, “MSA W-65 Self-Rescuer” (March 1972) or Bureau of Mines Instruction Guide 3, “Permissible Drager 810 Respirator for Self-Rescue” (March 1972). The instruction shall be given by MSHA personnel or by persons who are certified by the District Manager of the area in which the mine is located: <I>Provided, however,</I> That if a Mine Safety and Health Administration instructor or a certified instructor is not immediately available such instruction of new employees in self-rescuers may be conducted by qualified company personnel who are not certified, but who have obtained provisional approval from the District Manager. Any person who has not had self-rescuer instruction within 12 months immediately preceding going underground shall be instructed in the use of self-rescuers before going underground.
</P>
<P>(c) All instructional material, handouts, visual aids, and other such teaching accessories used by the operator in the courses prescribed in paragraphs (a) and (b) of this section shall be available for inspection by the Secretary or his authorized representative.
</P>
<P>(d) Records of all instruction shall be kept at the mine site or nearest mine office at least 2 years from the date of instruction. Upon completion of such instruction, copies of the record shall be submitted to the District Manager.
</P>
<P>(e) The Bureau of Mines instruction guides to which reference is made in items (a) and (b) of this standard are hereby incorporated by reference and made a part hereof. The incorporated instruction guides are available and shall be provided upon request made to any Metal and Nonmetal Mine Safety and Health district office.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 71 FR 16667, Apr. 3, 2006]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="R" NODE="30:1.0.1.8.30.18" TYPE="SUBPART">
<HEAD>Subpart R—Personnel Hoisting</HEAD>


<DIV8 N="§ 57.19000" NODE="30:1.0.1.8.30.18.195.1" TYPE="SECTION">
<HEAD>§ 57.19000   Application.</HEAD>
<P>(a) The hoisting standards in this subpart apply to those hoists and appurtenances used for hoisting persons. However, where persons may be endangered by hoists and appurtenances used solely for handling ore, rock, and materials, the appropriate standards should be applied.
</P>
<P>(b) Standards 57.19021 through 57.19028 shall apply to wire ropes in service used to hoist—
</P>
<P>(1) Persons in shafts and slopes underground;
</P>
<P>(2) Persons with an incline hoist on the surface; or
</P>
<P>(3) Loads in shaft or slope development when persons work below suspended loads. 
</P>
<P>(4) These standards do not apply to wire ropes used for elevators.
</P>
<P>(c) Emergency hoisting facilities should conform to the extent possible to safety requirements for other hoists, and should be adequate to remove the persons from the mine with a minimum of delay.


</P>
</DIV8>


<DIV7 N="195" NODE="30:1.0.1.8.30.18.195" TYPE="SUBJGRP">
<HEAD>Hoists</HEAD>


<DIV8 N="§ 57.19001" NODE="30:1.0.1.8.30.18.195.2" TYPE="SECTION">
<HEAD>§ 57.19001   Rated capacities.</HEAD>
<P>Hoists shall have rated capacities consistent with the loads handled and the recommended safety factors of the ropes used.


</P>
</DIV8>


<DIV8 N="§ 57.19002" NODE="30:1.0.1.8.30.18.195.3" TYPE="SECTION">
<HEAD>§ 57.19002   Anchoring.</HEAD>
<P>Hoists shall be anchored securely. 


</P>
</DIV8>


<DIV8 N="§ 57.19003" NODE="30:1.0.1.8.30.18.195.4" TYPE="SECTION">
<HEAD>§ 57.19003   Driving mechanism connections.</HEAD>
<P>Belt, rope, or chains shall not be used to connect driving mechanisms to man hoists.


</P>
</DIV8>


<DIV8 N="§ 57.19004" NODE="30:1.0.1.8.30.18.195.5" TYPE="SECTION">
<HEAD>§ 57.19004   Brakes.</HEAD>
<P>Any hoist used to hoist persons shall be equipped with a brake or brakes which shall be capable of holding its fully loaded cage, skip, or bucket at any point in the shaft.


</P>
</DIV8>


<DIV8 N="§ 57.19005" NODE="30:1.0.1.8.30.18.195.6" TYPE="SECTION">
<HEAD>§ 57.19005   Locking mechanism for clutch.</HEAD>
<P>The operating mechanism of the clutch of every man-hoist drum shall be provided with a locking mechanism, or interlocked electrically or mechanically with the brake to prevent accidental withdrawal of the clutch.


</P>
</DIV8>


<DIV8 N="§ 57.19006" NODE="30:1.0.1.8.30.18.195.7" TYPE="SECTION">
<HEAD>§ 57.19006   Automatic hoist braking devices.</HEAD>
<P>Automatic hoists shall be provided with devices that automatically apply the brakes in the event of power failure.


</P>
</DIV8>


<DIV8 N="§ 57.19007" NODE="30:1.0.1.8.30.18.195.8" TYPE="SECTION">
<HEAD>§ 57.19007   Overtravel and overspeed devices.</HEAD>
<P>All man hoists shall be provided with devices to prevent overtravel. When utilized in shafts exceeding 100 feet in depth, such hoists shall also be provided with overspeed devices.


</P>
</DIV8>


<DIV8 N="§ 57.19008" NODE="30:1.0.1.8.30.18.195.9" TYPE="SECTION">
<HEAD>§ 57.19008   Friction hoist synchronizing mechanisms.</HEAD>
<P>Where creep or slip may alter the effective position of safety devices, friction hoists shall be equipped with synchronizing mechanisms that recalibrate the overtravel devices and position indicators.


</P>
</DIV8>


<DIV8 N="§ 57.19009" NODE="30:1.0.1.8.30.18.195.10" TYPE="SECTION">
<HEAD>§ 57.19009   Position indicator.</HEAD>
<P>An accurate and reliable indicator of the position of the cage, skip, bucket, or cars in the shaft shall be provided.


</P>
</DIV8>


<DIV8 N="§ 57.19010" NODE="30:1.0.1.8.30.18.195.11" TYPE="SECTION">
<HEAD>§ 57.19010   Location of hoist controls.</HEAD>
<P>Hoist controls shall be placed or housed so that the noise from machinery or other sources will not prevent hoistmen from hearing signals.


</P>
</DIV8>


<DIV8 N="§ 57.19011" NODE="30:1.0.1.8.30.18.195.12" TYPE="SECTION">
<HEAD>§ 57.19011   Drum flanges.</HEAD>
<P>Flanges on drums shall extend radially a minimum of 4 inches or three rope diameters beyond the last wrap, whichever is the lesser.


</P>
</DIV8>


<DIV8 N="§ 57.19012" NODE="30:1.0.1.8.30.18.195.13" TYPE="SECTION">
<HEAD>§ 57.19012   Grooved drums.</HEAD>
<P>Where grooved drums are used, the grooves shall be of suitable size and pitch for the ropes used.


</P>
</DIV8>


<DIV8 N="§ 57.19013" NODE="30:1.0.1.8.30.18.195.14" TYPE="SECTION">
<HEAD>§ 57.19013   Diesel- and other fuel-injection-powered hoists.</HEAD>
<P>Where any diesel or similar fuel-injection engine is used to power a hoist, the engine shall be equipped with a damper or other cutoff in its air intake system. The control handle shall be clearly labeled to indicate that its intended function is for emergency stopping only.


</P>
</DIV8>


<DIV8 N="§ 57.19014" NODE="30:1.0.1.8.30.18.195.15" TYPE="SECTION">
<HEAD>§ 57.19014   Friction hoist overtravel protection.</HEAD>
<P>In a friction hoist installation, tapered guides or other approved devices shall be installed above and below the limits of regular travel of the conveyance and arranged to prevent overtravel in the event of failure of other devices.


</P>
</DIV8>


<DIV8 N="§ 57.19017" NODE="30:1.0.1.8.30.18.195.16" TYPE="SECTION">
<HEAD>§ 57.19017   Emergency braking for electric hoists.</HEAD>
<P>Each electric hoist shall be equipped with a manually-operable switch that will initiate emergency braking action to bring the conveyance and the counterbalance safely to rest. This switch shall be located within reach of the hoistman in case the manual controls of the hoist fail.


</P>
</DIV8>


<DIV8 N="§ 57.19018" NODE="30:1.0.1.8.30.18.195.17" TYPE="SECTION">
<HEAD>§ 57.19018   Overtravel by-pass switches.</HEAD>
<P>When an overtravel by-pass switch is installed, the switch shall function so as to allow the conveyance to be moved through the overtravel position when the switch is held in the closed position by the hoistman. The overtravel by-pass switch shall return automatically to the open position when released by the hoistman. 


</P>
</DIV8>

</DIV7>


<DIV7 N="196" NODE="30:1.0.1.8.30.18.196" TYPE="SUBJGRP">
<HEAD>Wire Ropes</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).


</PSPACE></AUTH>

<DIV8 N="§ 57.19019" NODE="30:1.0.1.8.30.18.196.18" TYPE="SECTION">
<HEAD>§ 57.19019   Guide ropes.</HEAD>
<P>If guide ropes are used in shafts for personnel hoisting applications other than shaft development, the nominal strength (manufacturer's published catalog strength) of the guide rope at installation shall meet the minimum value calculated as follows: Minimum value = Static Load × 5.0.


</P>
</DIV8>


<DIV8 N="§ 57.19021" NODE="30:1.0.1.8.30.18.196.19" TYPE="SECTION">
<HEAD>§ 57.19021   Minimum rope strength.</HEAD>
<P>At installation, the nominal strength (manufacturer's published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which “L” equals the maximum suspended rope length in feet: 
</P>
<P>(a) <I>Winding drum ropes</I> (all constructions, including rotation resistant).
</P>
<EXTRACT>
<FP-1>For rope lengths less than 3,000 feet: Minimum Value = Static Load × (7.0 − 0.001L)
</FP-1>
<FP-1>For rope lengths 3,000 feet or greater: Minimum Value = Static Load × 4.0.</FP-1></EXTRACT>
<P>(b) <I>Friction drum ropes.</I>
</P>
<EXTRACT>
<FP-1>For rope lengths less than 4,000 feet: Minimum Value = Static Load × (7.0 − 0.0005L)
</FP-1>
<FP-1>For rope lengths 4,000 feet or greater: Minimum Value = Static Load × 5.0.</FP-1></EXTRACT>
<P>(c) <I>Tail ropes</I> (balance ropes).
</P>
<EXTRACT>
<FP-1>Minimum Value = Weight of Rope × 7.0</FP-1></EXTRACT>
</DIV8>


<DIV8 N="§ 57.19022" NODE="30:1.0.1.8.30.18.196.20" TYPE="SECTION">
<HEAD>§ 57.19022   Initial measurement.</HEAD>
<P>After initial rope stretch but before visible wear occurs, the rope diameter of newly installed wire ropes shall be measured at least once in every third interval of active length and the measurements averaged to establish a baseline for subsequent measurements. A record of the measurements and the date shall be made by the person taking the measurements. This record shall be retained until the rope is retired from service.
</P>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 57.19023" NODE="30:1.0.1.8.30.18.196.21" TYPE="SECTION">
<HEAD>§ 57.19023   Examinations.</HEAD>
<P>(a) At least once every fourteen calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change-of-layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be examined on a daily basis.
</P>
<P>(b) Before any person is hoisted with a newly installed wire rope or any wire rope that has not been examined in the previous fourteen calendar days, the wire rope shall be examined in accordance with paragraph (a) of this section.
</P>
<P>(c) At least once every six months, nondestructive tests shall be conducted of the active length of the rope, or rope diameter measurements shall be made—
</P>
<P>(1) Wherever wear is evident;
</P>
<P>(2) Where the hoist rope rests on sheaves at regular stopping points;
</P>
<P>(3) Where the hoist rope leaves the drum at regular stopping points; and
</P>
<P>(4) At drum crossover and change-of-layer regions.
</P>
<P>(d) At the completion of each examination required by paragraph (a) of this section, the person making the examination shall certify, by signature and date, that the examination has been made. If any condition listed in paragraph (a) of this section is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.
</P>
<P>(e) The person making the measurements or nondestructive tests as required by paragraph (c) of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.


</P>
</DIV8>


<DIV8 N="§ 57.19024" NODE="30:1.0.1.8.30.18.196.22" TYPE="SECTION">
<HEAD>§ 57.19024   Retirement criteria.</HEAD>
<P>Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the following conditions occurs:
</P>
<P>(a) The number of broken wires within a rope lay length, excluding filler wires, exceeds either—
</P>
<P>(1) Five percent of the total number of wires; or
</P>
<P>(2) Fifteen percent of the total number of wires within any strand.
</P>
<P>(b) On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length.
</P>
<P>(c) A loss of more than one-third of the original diameter of the outer wires.
</P>
<P>(d) Rope deterioration from corrosion.
</P>
<P>(e) Distortion of the rope structure.
</P>
<P>(f) Heat damage from any source.
</P>
<P>(g) Diameter reduction due to wear that exceeds six percent of the baseline diameter measurement.
</P>
<P>(h) Loss of more than ten percent of rope strength as determined by nondestructive testing. 


</P>
</DIV8>


<DIV8 N="§ 57.19025" NODE="30:1.0.1.8.30.18.196.23" TYPE="SECTION">
<HEAD>§ 57.19025   Load end attachments.</HEAD>
<P>(a) Wire rope shall be attached to the load by a method that develops at least 80 percent of the nominal strength of the rope.
</P>
<P>(b) Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer
</P>
<P>(c) Load end attachment methods using splices are prohibited.


</P>
</DIV8>


<DIV8 N="§ 57.19026" NODE="30:1.0.1.8.30.18.196.24" TYPE="SECTION">
<HEAD>§ 57.19026   Drum end attachment.</HEAD>
<P>(a) For drum end attachment, wire rope shall be attached—
</P>
<P>(1) Securely by clips after making one full turn around the drum spoke;
</P>
<P>(2) Securely by clips after making one full turn around the shaft, if the drum is fixed to the shaft; or
</P>
<P>(3) By properly assembled anchor bolts, clamps, or wedges, provided that the attachment is a design feature of the hoist drum. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.
</P>
<P>(b) A minimum of three full turns of wire rope shall be on the drum when the rope is extended to its maximum working length.


</P>
</DIV8>


<DIV8 N="§ 57.19027" NODE="30:1.0.1.8.30.18.196.25" TYPE="SECTION">
<HEAD>§ 57.19027   End attachment retermination.</HEAD>
<P>Damaged or deteriorated wire rope shall be removed by cutoff and the rope reterminated where there is—
</P>
<P>(a) More than one broken wire at an attachment;
</P>
<P>(b) Improper installation of an attachment;
</P>
<P>(c) Slippage at an attachment; or
</P>
<P>(d) Evidence of deterioration from corrosion at an attachment.


</P>
</DIV8>


<DIV8 N="§ 57.19028" NODE="30:1.0.1.8.30.18.196.26" TYPE="SECTION">
<HEAD>§ 57.19028   End attachment replacement.</HEAD>
<P>Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.


</P>
</DIV8>


<DIV8 N="§ 57.19030" NODE="30:1.0.1.8.30.18.196.27" TYPE="SECTION">
<HEAD>§ 57.19030   Safety device attachments.</HEAD>
<P>Safety device attachments to hoist ropes shall be selected, installed, and maintained according to manufacturers' specifications to minimize internal corrosion and weakening of the hoist rope.


</P>
</DIV8>

</DIV7>


<DIV7 N="197" NODE="30:1.0.1.8.30.18.197" TYPE="SUBJGRP">
<HEAD>Headframes and Sheaves</HEAD>


<DIV8 N="§ 57.19035" NODE="30:1.0.1.8.30.18.197.28" TYPE="SECTION">
<HEAD>§ 57.19035   Headframe design.</HEAD>
<P>All headframes shall be constructed with suitable design considerations to allow for all dead loads, live loads, and wind loads.


</P>
</DIV8>


<DIV8 N="§ 57.19036" NODE="30:1.0.1.8.30.18.197.29" TYPE="SECTION">
<HEAD>§ 57.19036   Headframe height.</HEAD>
<P>Headframes shall be high enough to provide clearance for overtravel and safe stopping of the conveyance.


</P>
</DIV8>


<DIV8 N="§ 57.19037" NODE="30:1.0.1.8.30.18.197.30" TYPE="SECTION">
<HEAD>§ 57.19037   Fleet angles.</HEAD>
<P>Fleet angles on hoists installed after November 15, 1979, shall not be greater than one and one-half degrees for smooth drums or two degrees for grooved drums.


</P>
</DIV8>


<DIV8 N="§ 57.19038" NODE="30:1.0.1.8.30.18.197.31" TYPE="SECTION">
<HEAD>§ 57.19038   Platforms around elevated head sheaves.</HEAD>
<P>Platforms with toeboards and handrails shall be provided around elevated head sheaves.


</P>
</DIV8>

</DIV7>


<DIV7 N="198" NODE="30:1.0.1.8.30.18.198" TYPE="SUBJGRP">
<HEAD>Conveyances</HEAD>


<DIV8 N="§ 57.19045" NODE="30:1.0.1.8.30.18.198.32" TYPE="SECTION">
<HEAD>§ 57.19045   Metal bonnets.</HEAD>
<P>Man cages and skips used for hoisting or lowering employees or other persons in any vertical shaft or any incline shaft with an angle of inclination of forty-five degrees from the horizontal, shall be covered with a metal bonnet.


</P>
</DIV8>


<DIV8 N="§ 57.19049" NODE="30:1.0.1.8.30.18.198.33" TYPE="SECTION">
<HEAD>§ 57.19049   Hoisting persons in buckets.</HEAD>
<P>Buckets shall not be used to hoist persons except during shaft sinking operations, inspection, maintenance, and repairs.


</P>
</DIV8>


<DIV8 N="§ 57.19050" NODE="30:1.0.1.8.30.18.198.34" TYPE="SECTION">
<HEAD>§ 57.19050   Bucket requirements.</HEAD>
<P>Buckets used to hoist persons during vertical shaft sinking operations shall—
</P>
<P>(a) Be securely attached to a crosshead when traveling in either direction between the lower and upper crosshead parking locations;
</P>
<P>(b) Have overhead protection when the shaft depth exceeds 50 feet;
</P>
<P>(c) Have sufficient depth or a suitably designed platform to transport persons safely in a standing position; and
</P>
<P>(d) Have devices to prevent accidental dumping where the bucket is supported by a bail attached to its lower half.


</P>
</DIV8>


<DIV8 N="§ 57.19054" NODE="30:1.0.1.8.30.18.198.35" TYPE="SECTION">
<HEAD>§ 57.19054   Rope guides.</HEAD>
<P>Where rope guides are used in shafts other than in shaft sinking operations, the rope guides shall be a type of lock coil construction.


</P>
</DIV8>

</DIV7>


<DIV7 N="199" NODE="30:1.0.1.8.30.18.199" TYPE="SUBJGRP">
<HEAD>Hoisting Procedures</HEAD>


<DIV8 N="§ 57.19055" NODE="30:1.0.1.8.30.18.199.36" TYPE="SECTION">
<HEAD>§ 57.19055   Availability of hoist operator for manual hoists.</HEAD>
<P>When a manually operated hoist is used, a qualified hoistman shall remain within hearing of the telephone or signal device at all times while any person is underground.


</P>
</DIV8>


<DIV8 N="§ 57.19056" NODE="30:1.0.1.8.30.18.199.37" TYPE="SECTION">
<HEAD>§ 57.19056   Availability of hoist operator for automatic hoists.</HEAD>
<P>When automatic hoisting is used, a competent operator of the hoist shall be readily available at or near the hoisting device while any person is underground.


</P>
</DIV8>


<DIV8 N="§ 57.19057" NODE="30:1.0.1.8.30.18.199.38" TYPE="SECTION">
<HEAD>§ 57.19057   Hoist operator's physical fitness.</HEAD>
<P>No person shall operate a hoist unless within the preceding 12 months he has had a medical examination by a qualified, licensed physician who shall certify his fitness to perform this duty. Such certification shall be available at the mine.


</P>
</DIV8>


<DIV8 N="§ 57.19058" NODE="30:1.0.1.8.30.18.199.39" TYPE="SECTION">
<HEAD>§ 57.19058   Experienced hoist operators.</HEAD>
<P>Only experienced hoistmen shall operate the hoist except in cases of emergency and in the training of new hoistmen.


</P>
</DIV8>


<DIV8 N="§ 57.19061" NODE="30:1.0.1.8.30.18.199.40" TYPE="SECTION">
<HEAD>§ 57.19061   Maximum hoisting speeds.</HEAD>
<P>The safe speed for hoisting persons shall be determined for each shaft, and this speed shall not be exceeded. Persons shall not be hoisted at a speed faster than 2,500 feet per minute, except in an emergency.


</P>
</DIV8>


<DIV8 N="§ 57.19062" NODE="30:1.0.1.8.30.18.199.41" TYPE="SECTION">
<HEAD>§ 57.19062   Maximum acceleration and deceleration.</HEAD>
<P>Maximum normal operating acceleration and deceleration shall not exceed 6 feet per second per second. During emergency braking, the deceleration shall not exceed 16 feet per second per second.


</P>
</DIV8>


<DIV8 N="§ 57.19063" NODE="30:1.0.1.8.30.18.199.42" TYPE="SECTION">
<HEAD>§ 57.19063   Persons allowed in hoist room.</HEAD>
<P>Only authorized persons shall be in hoist rooms.


</P>
</DIV8>


<DIV8 N="§ 57.19065" NODE="30:1.0.1.8.30.18.199.43" TYPE="SECTION">
<HEAD>§ 57.19065   Lowering conveyances by the brakes.</HEAD>
<P>Conveyances shall not be lowered by the brakes alone except during emergencies.


</P>
</DIV8>


<DIV8 N="§ 57.19066" NODE="30:1.0.1.8.30.18.199.44" TYPE="SECTION">
<HEAD>§ 57.19066   Maximum riders in a conveyance.</HEAD>
<P>In shafts inclined over 45 degrees, the operator shall determine and post in the conveyance or at each shaft station the maximum number of persons permitted to ride in a hoisting conveyance at any one time. Each person shall be provided a minimum of 1.5 square feet of floor space.


</P>
</DIV8>


<DIV8 N="§ 57.19067" NODE="30:1.0.1.8.30.18.199.45" TYPE="SECTION">
<HEAD>§ 57.19067   Trips during shift changes.</HEAD>
<P>During shift changes, an authorized person shall be in charge of each trip in which persons are hoisted.


</P>
</DIV8>


<DIV8 N="§ 57.19068" NODE="30:1.0.1.8.30.18.199.46" TYPE="SECTION">
<HEAD>§ 57.19068   Orderly conduct in conveyances.</HEAD>
<P>Persons shall enter, ride, and leave conveyances in an orderly manner. 


</P>
</DIV8>


<DIV8 N="§ 57.19069" NODE="30:1.0.1.8.30.18.199.47" TYPE="SECTION">
<HEAD>§ 57.19069   Entering and leaving conveyances.</HEAD>
<P>Persons shall not enter or leave conveyances which are in motion or after a signal to move the conveyance has been given to the hoistman.


</P>
</DIV8>


<DIV8 N="§ 57.19070" NODE="30:1.0.1.8.30.18.199.48" TYPE="SECTION">
<HEAD>§ 57.19070   Closing cage doors or gates.</HEAD>
<P>Cage doors or gates shall be closed while persons are being hoisted; they shall not be opened until the cage has come to a stop.


</P>
</DIV8>


<DIV8 N="§ 57.19071" NODE="30:1.0.1.8.30.18.199.49" TYPE="SECTION">
<HEAD>§ 57.19071   Riding in skips or buckets.</HEAD>
<P>Persons shall not ride in skips or buckets with muck, supplies, materials, or tools other than small hand tools.


</P>
</DIV8>


<DIV8 N="§ 57.19072" NODE="30:1.0.1.8.30.18.199.50" TYPE="SECTION">
<HEAD>§ 57.19072   Skips and cages in same compartment.</HEAD>
<P>When combinations of cages and skips are used in the same compartment, the cages shall be enclosed to protect personnel from flying material and the hoist speed reduced to man-speed as defined in standard 57.19061, but not to exceed 1,000 feet per minute. Muck shall not be hoisted with personnel during shift changes.


</P>
</DIV8>


<DIV8 N="§ 57.19073" NODE="30:1.0.1.8.30.18.199.51" TYPE="SECTION">
<HEAD>§ 57.19073   Hoisting during shift changes.</HEAD>
<P>Rock or supplies shall not be hoisted in the same shaft as persons during shift changes, unless the compartments and dumping bins are partitioned to prevent spillage into the cage compartment. 


</P>
</DIV8>


<DIV8 N="§ 57.19074" NODE="30:1.0.1.8.30.18.199.52" TYPE="SECTION">
<HEAD>§ 57.19074   Riding the bail, rim, bonnet, or crosshead.</HEAD>
<P>Persons shall not ride the bail, rim, bonnet, or crosshead of any shaft conveyance except when necessary for inspection and maintenance, and then only when suitable protection for persons is provided.


</P>
</DIV8>


<DIV8 N="§ 57.19075" NODE="30:1.0.1.8.30.18.199.53" TYPE="SECTION">
<HEAD>§ 57.19075   Use of open hooks.</HEAD>
<P>Open hooks shall not be used to hoist buckets or other conveyances.


</P>
</DIV8>


<DIV8 N="§ 57.19076" NODE="30:1.0.1.8.30.18.199.54" TYPE="SECTION">
<HEAD>§ 57.19076   Maximum speeds for hoisting persons in buckets.</HEAD>
<P>When persons are hoisted in buckets, speeds shall not exceed 500 feet per minute and shall not exceed 200 feet per minute when within 100 feet of the intended station.


</P>
</DIV8>


<DIV8 N="§ 57.19077" NODE="30:1.0.1.8.30.18.199.55" TYPE="SECTION">
<HEAD>§ 57.19077   Lowering buckets.</HEAD>
<P>Buckets shall be stopped about 15 feet from the shaft bottom to await a signal from one of the crew on the bottom for further lowering.


</P>
</DIV8>


<DIV8 N="§ 57.19078" NODE="30:1.0.1.8.30.18.199.56" TYPE="SECTION">
<HEAD>§ 57.19078   Hoisting buckets from the shaft bottom.</HEAD>
<P>All buckets shall be stopped after being raised about three feet above the shaft bottom. A bucket shall be stabilized before a hoisting signal is given to continue hoisting the bucket to the crosshead. After a hoisting signal is given, hoisting to the crosshead shall be at a minimum speed. The signaling device shall be attended constantly until a bucket reaches the guides. When persons are hoisted, the signaling devices shall be attended until the crosshead has been engaged.


</P>
</DIV8>


<DIV8 N="§ 57.19079" NODE="30:1.0.1.8.30.18.199.57" TYPE="SECTION">
<HEAD>§ 57.19079   Blocking mine cars.</HEAD>
<P>Where mine cars are hoisted by cage or skip, means for blocking cars shall be provided at all landings and also on the cage.


</P>
</DIV8>


<DIV8 N="§ 57.19080" NODE="30:1.0.1.8.30.18.199.58" TYPE="SECTION">
<HEAD>§ 57.19080   Hoisting tools, timbers, and other materials.</HEAD>
<P>When tools, timbers, or other materials are being lowered or raised in a shaft by means of a bucket, skip, or cage, they shall be secured or so placed that they will not strike the sides of the shaft.


</P>
</DIV8>


<DIV8 N="§ 57.19081" NODE="30:1.0.1.8.30.18.199.59" TYPE="SECTION">
<HEAD>§ 57.19081   Conveyances not in use.</HEAD>
<P>When conveyances controlled by a hoist operator are not in use, they shall be released and the conveyances shall be raised or lowered a suitable distance to prevent persons from boarding or loading the conveyances. 


</P>
</DIV8>


<DIV8 N="§ 57.19083" NODE="30:1.0.1.8.30.18.199.60" TYPE="SECTION">
<HEAD>§ 57.19083   Overtravel backout device.</HEAD>
<P>A manually operated device shall be installed on each electric hoist that will allow the conveyance or counterbalance to be removed from an overtravel position. Such device shall not release the brake, or brakes, holding the overtravelled conveyance or counterbalance until sufficient drive motor torque has been developed to assure movement of the conveyance or counterbalance in the correct direction only.


</P>
</DIV8>

</DIV7>


<DIV7 N="200" NODE="30:1.0.1.8.30.18.200" TYPE="SUBJGRP">
<HEAD>Signaling</HEAD>


<DIV8 N="§ 57.19090" NODE="30:1.0.1.8.30.18.200.61" TYPE="SECTION">
<HEAD>§ 57.19090   Dual signaling systems.</HEAD>
<P>There shall be at least two effective approved methods of signaling between each of the shaft stations and the hoist room, one of which shall be a telephone or speaking tube.


</P>
</DIV8>


<DIV8 N="§ 57.19091" NODE="30:1.0.1.8.30.18.200.62" TYPE="SECTION">
<HEAD>§ 57.19091   Signaling instructions to hoist operator.</HEAD>
<P>Hoist operators shall accept hoisting instructions only by the regular signaling system unless it is out of order. In such an event, and during other emergencies, the hoist operator shall accept instructions to direct movement of the conveyances only from authorized persons.


</P>
</DIV8>


<DIV8 N="§ 57.19092" NODE="30:1.0.1.8.30.18.200.63" TYPE="SECTION">
<HEAD>§ 57.19092   Signaling from conveyances.</HEAD>
<P>A method shall be provided to signal the hoist operator from cages or other conveyances at any point in the shaft.


</P>
</DIV8>


<DIV8 N="§ 57.19093" NODE="30:1.0.1.8.30.18.200.64" TYPE="SECTION">
<HEAD>§ 57.19093   Standard signal code.</HEAD>
<P>A standard code of hoisting signals shall be adopted and used at each mine. The movement of a shaft conveyance on a “one bell” signal is prohibited.


</P>
</DIV8>


<DIV8 N="§ 57.19094" NODE="30:1.0.1.8.30.18.200.65" TYPE="SECTION">
<HEAD>§ 57.19094   Posting signal code.</HEAD>
<P>A legible signal code shall be posted prominently in the hoist house within easy view of the hoistmen, and at each place where signals are given or received.


</P>
</DIV8>


<DIV8 N="§ 57.19095" NODE="30:1.0.1.8.30.18.200.66" TYPE="SECTION">
<HEAD>§ 57.19095   Location of signal devices.</HEAD>
<P>Hoisting signal devices shall be positioned within easy reach of persons on the shaft bottom or constantly attended by a person stationed on the lower deck of the sinking platform.


</P>
</DIV8>


<DIV8 N="§ 57.19096" NODE="30:1.0.1.8.30.18.200.67" TYPE="SECTION">
<HEAD>§ 57.19096   Familiarity with signal code.</HEAD>
<P>Any person responsible for receiving or giving signals for cages, skips, and mantrips when persons or materials are being transported shall be familiar with the posted signaling code.


</P>
</DIV8>

</DIV7>


<DIV7 N="201" NODE="30:1.0.1.8.30.18.201" TYPE="SUBJGRP">
<HEAD>Shafts</HEAD>


<DIV8 N="§ 57.19100" NODE="30:1.0.1.8.30.18.201.68" TYPE="SECTION">
<HEAD>§ 57.19100   Shaft landing gates.</HEAD>
<P>Shaft landings shall be equipped with substantial safety gates so constructed that materials will not go through or under them; gates shall be closed except when loading or unloading shaft conveyances. 


</P>
</DIV8>


<DIV8 N="§ 57.19101" NODE="30:1.0.1.8.30.18.201.69" TYPE="SECTION">
<HEAD>§ 57.19101   Stopblocks and derail switches.</HEAD>
<P>Positive stopblocks or a derail switch shall be installed on all tracks leading to a shaft collar or landing.


</P>
</DIV8>


<DIV8 N="§ 57.19102" NODE="30:1.0.1.8.30.18.201.70" TYPE="SECTION">
<HEAD>§ 57.19102   Shaft guides.</HEAD>
<P>A means shall be provided to guide the movement of a shaft conveyance. 


</P>
</DIV8>


<DIV8 N="§ 57.19103" NODE="30:1.0.1.8.30.18.201.71" TYPE="SECTION">
<HEAD>§ 57.19103   Dumping facilities and loading pockets.</HEAD>
<P>Dumping facilities and loading pockets shall be constructed so as to minimize spillage into the shaft.


</P>
</DIV8>


<DIV8 N="§ 57.19104" NODE="30:1.0.1.8.30.18.201.72" TYPE="SECTION">
<HEAD>§ 57.19104   Clearance at shaft stations.</HEAD>
<P>Suitable clearance at shaft stations shall be provided to allow safe movement of persons, equipment and materials.


</P>
</DIV8>


<DIV8 N="§ 57.19105" NODE="30:1.0.1.8.30.18.201.73" TYPE="SECTION">
<HEAD>§ 57.19105   Landings with more than one shaft entrance.</HEAD>
<P>A safe means of passage around open shaft compartments shall be provided on landings with more than one entrance to the shaft.


</P>
</DIV8>


<DIV8 N="§ 57.19106" NODE="30:1.0.1.8.30.18.201.74" TYPE="SECTION">
<HEAD>§ 57.19106   Shaft sets.</HEAD>
<P>Shaft sets shall be kept in good repair and clean of hazardous material.


</P>
</DIV8>


<DIV8 N="§ 57.19107" NODE="30:1.0.1.8.30.18.201.75" TYPE="SECTION">
<HEAD>§ 57.19107   Precautions for work in compartment affected by hoisting operation.</HEAD>
<P>Hoistmen shall be informed when persons are working in a compartment affected by that hoisting operation and a “Men Working in Shaft” sign shall be posted at the hoist. 


</P>
</DIV8>


<DIV8 N="§ 57.19108" NODE="30:1.0.1.8.30.18.201.76" TYPE="SECTION">
<HEAD>§ 57.19108   Posting warning signs during shaft work.</HEAD>
<P>When persons are working in a shaft “Men Working in Shaft” signs shall be posted at all devices controlling hoisting operations that may endanger such persons.


</P>
</DIV8>


<DIV8 N="§ 57.19109" NODE="30:1.0.1.8.30.18.201.77" TYPE="SECTION">
<HEAD>§ 57.19109   Shaft inspection and repair.</HEAD>
<P>Shaft inspection and repair work in vertical shafts shall be performed from substantial platforms equipped with bonnets or equivalent overhead protection.


</P>
</DIV8>


<DIV8 N="§ 57.19110" NODE="30:1.0.1.8.30.18.201.78" TYPE="SECTION">
<HEAD>§ 57.19110   Overhead protection for shaft deepening work.</HEAD>
<P>A substantial bulkhead or equivalent protection shall be provided above persons at work deepening a shaft.


</P>
</DIV8>


<DIV8 N="§ 57.19111" NODE="30:1.0.1.8.30.18.201.79" TYPE="SECTION">
<HEAD>§ 57.19111   Shaft-sinking ladders.</HEAD>
<P>Substantial fixed ladders shall be provided from the collar to as near the shaft bottom as practical during shaft-sinking operations, or an escape hoist powered by an emergency power source shall be provided. When persons are on the shaft bottom, a chain ladder, wire rope ladder, or other extension ladders shall be used from the fixed ladder or lower limit of the escape hoist to the shaft bottom.


</P>
</DIV8>

</DIV7>


<DIV7 N="202" NODE="30:1.0.1.8.30.18.202" TYPE="SUBJGRP">
<HEAD>Inspection and Maintenance</HEAD>


<DIV8 N="§ 57.19120" NODE="30:1.0.1.8.30.18.202.80" TYPE="SECTION">
<HEAD>§ 57.19120   Procedures for inspection, testing, and maintenance.</HEAD>
<P>A systematic procedure of inspection, testing and maintenance of shaft and hoisting equipment shall be developed and followed. If it is found or suspected that any part is not functioning properly, the hoist shall not be used until the malfunction has been located and repaired or adjustments have been made.


</P>
</DIV8>


<DIV8 N="§ 57.19121" NODE="30:1.0.1.8.30.18.202.81" TYPE="SECTION">
<HEAD>§ 57.19121   Recordkeeping.</HEAD>
<P>At the time of completion, the person performing inspections, tests, and maintenance of shafts and hoisting equipment required in standard 57.19120 shall certify, by signature and date, that they have been done. A record of any part that is not functioning properly shall be made and dated. Certifications and records shall be retained for one year.
</P>
<SECAUTH TYPE="N">(Sec. 101, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[50 FR 4082, Jan. 29, 1985, as amended at 60 FR 33722, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 57.19122" NODE="30:1.0.1.8.30.18.202.82" TYPE="SECTION">
<HEAD>§ 57.19122   Replacement parts.</HEAD>
<P>Parts used to repair hoists shall have properties that will ensure the proper and safe function of the hoist.


</P>
</DIV8>


<DIV8 N="§ 57.19129" NODE="30:1.0.1.8.30.18.202.83" TYPE="SECTION">
<HEAD>§ 57.19129   Examinations and tests at beginning of shift.</HEAD>
<P>Hoistmen shall examine their hoists and shall test overtravel, deadman controls, position indicators, and braking mechanisms at the beginning of each shift. 


</P>
</DIV8>


<DIV8 N="§ 57.19130" NODE="30:1.0.1.8.30.18.202.84" TYPE="SECTION">
<HEAD>§ 57.19130   Conveyance shaft test.</HEAD>
<P>Before hoisting persons and to assure that the hoisting compartments are clear of obstructions, empty hoist conveyances shall be operated at least one round trip after—
</P>
<P>(a) Any hoist or shaft repairs or related equipment repairs that might restrict or obstruct conveyance clearance; 
</P>
<P>(b) Any oversize or overweight material or equipment trips that might restrict or obstruct conveyance clearance; 
</P>
<P>(c) Blasting in or near the shaft that might restrict or obstruct conveyance clearance; or 
</P>
<P>(d) Remaining idle for one shift or longer. 


</P>
</DIV8>


<DIV8 N="§ 57.19131" NODE="30:1.0.1.8.30.18.202.85" TYPE="SECTION">
<HEAD>§ 57.19131   Hoist conveyance connections.</HEAD>
<P>Hoist conveyance connections shall be inspected at least once during any 24-hour period that the conveyance is used for hoisting persons.


</P>
</DIV8>


<DIV8 N="§ 57.19132" NODE="30:1.0.1.8.30.18.202.86" TYPE="SECTION">
<HEAD>§ 57.19132   Safety catches.</HEAD>
<P>(a) A performance drop test of hoist conveyance safety catches shall be made at the time of installation, or prior to installation in a mockup of the actual installation. The test shall be certified to in writing by the manufacturer or by a registered professional engineer performing the test.
</P>
<P>(b) After installation and before use, and at the beginning of any seven day period during which the conveyance is to be used, the conveyance shall be suitably rested and the hoist rope slackened to test for the unrestricted functioning of the safety catches and their activating mechanisms.
</P>
<P>(c) The safety catches shall be inspected by a competent person at the beginning of any 24-hour period that the conveyance is to be used.


</P>
</DIV8>


<DIV8 N="§ 57.19133" NODE="30:1.0.1.8.30.18.202.87" TYPE="SECTION">
<HEAD>§ 57.19133   Shaft.</HEAD>
<P>Shafts that have not been inspected within the past 7 days shall not be used until an inspection has been conducted by a competent person.


</P>
</DIV8>


<DIV8 N="§ 57.19134" NODE="30:1.0.1.8.30.18.202.88" TYPE="SECTION">
<HEAD>§ 57.19134   Sheaves.</HEAD>
<P>Sheaves in operating shafts shall be inspected weekly and kept properly lubricated.


</P>
</DIV8>


<DIV8 N="§ 57.19135" NODE="30:1.0.1.8.30.18.202.89" TYPE="SECTION">
<HEAD>§ 57.19135   Rollers in inclined shafts.</HEAD>
<P>Rollers used in operating inclined shafts shall be lubricated, properly aligned, and kept in good repair.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="S" NODE="30:1.0.1.8.30.19" TYPE="SUBPART">
<HEAD>Subpart S—Miscellaneous</HEAD>


<DIV8 N="§ 57.20001" NODE="30:1.0.1.8.30.19.203.1" TYPE="SECTION">
<HEAD>§ 57.20001   Intoxicating beverages and narcotics.</HEAD>
<P>Intoxicating beverages and narcotics shall not be permitted or used in or around mines. Persons under the influence of alcohol or narcotics shall not be permitted on the job.


</P>
</DIV8>


<DIV8 N="§ 57.20002" NODE="30:1.0.1.8.30.19.203.2" TYPE="SECTION">
<HEAD>§ 57.20002   Potable water.</HEAD>
<P>(a) An adequate supply of potable drinking water shall be provided at all active working areas.
</P>
<P>(b) The common drinking cup and containers from which drinking water must be dipped or poured are prohibited.
</P>
<P>(c) Where single service cups are supplied, a sanitary container for unused cups and a receptacle for used cups shall be provided. 
</P>
<P>(d) When water is cooled by ice, the ice shall either be of potable water or shall not come in contact with the water.
</P>
<P>(e) Potable water outlets shall be posted.
</P>
<P>(f) Potable water systems shall be constructed to prevent backflow or backsiphonage of non-potable water.


</P>
</DIV8>


<DIV8 N="§ 57.20003" NODE="30:1.0.1.8.30.19.203.3" TYPE="SECTION">
<HEAD>§ 57.20003   Housekeeping.</HEAD>
<P>At all mining operations—
</P>
<P>(a) Workplaces, passageways, storerooms, and service rooms shall be kept clean and orderly;
</P>
<P>(b) The floor of every workplace shall be maintained in a clean and, so far as possible, dry condition. Where wet processes are used, drainage shall be maintained, and false floors, platforms, mats, or other dry standing places shall be provided where practicable; and
</P>
<P>(c) Every floor, working place, and passageway shall be kept free from protruding nails, splinters, holes, or loose boards, as practicable. 


</P>
</DIV8>


<DIV8 N="§ 57.20005" NODE="30:1.0.1.8.30.19.203.4" TYPE="SECTION">
<HEAD>§ 57.20005   Carbon tetrachloride.</HEAD>
<P>Carbon tetrachloride shall not be used. 


</P>
</DIV8>


<DIV8 N="§ 57.20008" NODE="30:1.0.1.8.30.19.203.5" TYPE="SECTION">
<HEAD>§ 57.20008   Toilet facilities.</HEAD>
<P>(a) Toilet facilities shall be provided at locations that are compatible with the mine operations and that are readily accessible to mine personnel. 
</P>
<P>(b) The facilities shall be kept clean and sanitary. Separate toilet facilities shall be provided for each sex except where toilet rooms will be occupied by no more than one person at a time and can be locked from the inside.


</P>
</DIV8>


<DIV8 N="§ 57.20009" NODE="30:1.0.1.8.30.19.203.6" TYPE="SECTION">
<HEAD>§ 57.20009   Tests for explosive dusts.</HEAD>
<P>Dusts suspected of being explosive shall be tested for explosibility. If tests prove positive, appropriate control measures shall be taken. 


</P>
</DIV8>


<DIV8 N="§ 57.20010" NODE="30:1.0.1.8.30.19.203.7" TYPE="SECTION">
<HEAD>§ 57.20010   Retaining dams.</HEAD>
<P>If failure of a water or silt retaining dam will create a hazard, it shall be of substantial construction and inspected at regular intervals. 


</P>
</DIV8>


<DIV8 N="§ 57.20011" NODE="30:1.0.1.8.30.19.203.8" TYPE="SECTION">
<HEAD>§ 57.20011   Barricades and warning signs.</HEAD>
<P>Areas where health or safety hazards exist that are not immediately obvious to employees shall be barricaded, or warning signs shall be posted at all approaches. Warning signs shall be readily visible, legible, and display the nature of the hazard and any protective action required. 


</P>
</DIV8>


<DIV8 N="§ 57.20013" NODE="30:1.0.1.8.30.19.203.9" TYPE="SECTION">
<HEAD>§ 57.20013   Waste receptacles.</HEAD>
<P>Receptacles with covers shall be provided at suitable locations and used for the disposal of waste food and associated materials. They shall be emptied frequently and shall be maintained in a clean and sanitary condition. 


</P>
</DIV8>


<DIV8 N="§ 57.20014" NODE="30:1.0.1.8.30.19.203.10" TYPE="SECTION">
<HEAD>§ 57.20014   Prohibited areas for food and beverages.</HEAD>
<P>No person shall be allowed to consume or store food or beverages in a toilet room or in any area exposed to a toxic material. 


</P>
</DIV8>


<DIV8 N="§ 57.20020" NODE="30:1.0.1.8.30.19.203.11" TYPE="SECTION">
<HEAD>§ 57.20020   Unattended mine openings.</HEAD>
<P>Access to unattended mine openings shall be restricted by gates or doors, or the openings shall be fenced and posted. 


</P>
</DIV8>


<DIV8 N="§ 57.20021" NODE="30:1.0.1.8.30.19.203.12" TYPE="SECTION">
<HEAD>§ 57.20021   Abandoned mine openings.</HEAD>
<P>Upon abandonment of a mine, the owner or operator shall effectively close or fence off all surface openings down which persons could fall or through which persons could enter. Upon or near all such safeguards, trespass warnings and appropriate danger notices shall be posted. 


</P>
</DIV8>


<DIV8 N="§ 57.20031" NODE="30:1.0.1.8.30.19.203.13" TYPE="SECTION">
<HEAD>§ 57.20031   Blasting underground in hazardous areas.</HEAD>
<P>In underground areas where dangerous accumulations of water, gas, mud, or fire atmosphere could be encountered, persons shall be removed to safe places before blasting. 


</P>
</DIV8>


<DIV8 N="§ 57.20032" NODE="30:1.0.1.8.30.19.203.14" TYPE="SECTION">
<HEAD>§ 57.20032   Two-way communication equipment for underground operations.</HEAD>
<P>Telephones or other two-way communication equipment with instructions for their use shall be provided for communication from underground operations to the surface. 


</P>
</DIV8>

</DIV6>


<DIV6 N="T" NODE="30:1.0.1.8.30.20" TYPE="SUBPART">
<HEAD>Subpart T—Safety Standards for Methane in Metal and Nonmetal Mines</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>52 FR 24941, July 1, 1987, unless otherwise noted.


</PSPACE></SOURCE>

<DIV7 N="203" NODE="30:1.0.1.8.30.20.203" TYPE="SUBJGRP">
<HEAD>General</HEAD>


<DIV8 N="§ 57.22001" NODE="30:1.0.1.8.30.20.203.1" TYPE="SECTION">
<HEAD>§ 57.22001   Scope.</HEAD>
<P>This subpart T sets forth procedures and safety standards for each metal and nonmetal underground mine subject to the Federal Mine Safety and Health Act of 1977. All metal and nonmetal mines will be placed into one of the categories or subcategories defined in this subpart. Mines shall operate in accordance with the applicable standards in this subpart to protect persons against the hazards of methane gas and dust containing volatile matter. The standards in this subpart apply to underground mines as well as surface mills at Subcategory I-C mines. These mines are also required to be operated in accordance with the other applicable health and safety standards published in 30 CFR part 57.


</P>
</DIV8>


<DIV8 N="§ 57.22002" NODE="30:1.0.1.8.30.20.203.2" TYPE="SECTION">
<HEAD>§ 57.22002   Definitions.</HEAD>
<P>The following definitions apply in this subpart:
</P>
<P><I>Competent person.</I> A person designated by the mine operator who has sufficient experience and training to perform the assigned task.
</P>
<P><I>Explosive material.</I> Explosives, blasting agents, and detonators. Explosives are substances classified as explosives by the Department of Transportation in §§ 173.53, 173.88, and 173.100 of Title 49 of the Code of Federal Regulations (1986 Edition). Blasting agents are substances classified as blasting agents by the Department of Transportation in § 173.114(a) of Title 49 of the Code of Federal Regulations (1986 Edition). Detonators are devices containing a detonating charge used to initiate explosives. Examples of detonators are blasting caps, electric or non-electric instantaneous or delay blasting caps and delay connectors. [A copy of Title 49 is available at any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration].
</P>
<P><I>Substantial construction.</I> Construction of such strength, material, and workmanship that the object will withstand air blasts, blasting shock, ground movement, pressure differentials, wear, and usage which may be expected to occur in the mining environment.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 69 FR 38842, June 29, 2004]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="204" NODE="30:1.0.1.8.30.20.204" TYPE="SUBJGRP">
<HEAD>Mine Categorization</HEAD>


<DIV8 N="§ 57.22003" NODE="30:1.0.1.8.30.20.204.3" TYPE="SECTION">
<HEAD>§ 57.22003   Mine category or subcategory.</HEAD>
<P>(a) All underground mines, and the surface mills of Subcategory I-C mines (gilsonite), shall be placed into one of the following categories or subcategories to protect persons against the hazards of methane and dusts containing volatile matter. Categories and subcategories are defined as follows:
</P>
<P>(1) <I>Category I</I> applies to mines that operate within a combustible ore body and either liberate methane or have the potential to liberate methane based on the history of the mine or the geological area in which the mine is located. Category I is divided into Subcategories I-A, I-B, and I-C as follows:
</P>
<P>(i) <I>Subcategory I-A</I> applies to mines that operate within a combustible ore body and liberate methane and in which—
</P>
<P>(A) A concentration of 0.25 percent or more methane has been detected in the mine atmosphere and confirmed by laboratory analysis; or
</P>
<P>(B) An ignition of methane has occurred.
</P>
<P>(ii) <I>Subcategory I-B</I> applies to mines that operate within a combustible ore body and have the potential to liberate methane based on the history of the mine or geological area in which the mine is located and in which—
</P>
<P>(A) A concentration of 0.25 percent or more methane has not been detected in the mine atmosphere; and 
</P>
<P>(B) An ignition of methane has not occurred.
</P>
<P>(iii) <I>Subcategory I-C</I> applies to mines in which the product extracted is combustible and the dust has a volatile matter content of 60 percent or more measured on a moisture free basis
<SU>1</SU>
<FTREF/>.
</P>
<FTNT>
<P>
<SU>1</SU> Measured by the American Society for Testing and Materials, ASTM D 3175-82, Standard Test Method for Volatile Matter in the Analysis Sample of Coal and Coke. (This document is available at any Metal and Nonmetal Mine Safety and Health District Office of the Mine Safety and Health Administration).</P></FTNT>
<P>(2) <I>Category II</I> applies to domal salt mines where the history of the mine or geological area indicates the occurrence of or the potential for an outburst. Category II is divided into Subcategories II-A and II-B as follows:
</P>
<P>(i) <I>Subcategory II-A</I> applies to domal salt mines where an outburst reportable under § 57.22004(c)(1) has occurred.
</P>
<P>(ii) <I>Subcategory II-B</I> applies to domal salt mines where an outburst reportable under § 57.22004(c)(1) has not occurred, but which have the potential for an outburst based on the history of the mine or geological area in which the mine is located.
</P>
<P>(3) <I>Category III</I> applies to mines in which noncombustible ore is extracted and which liberate a concentration of methane that is explosive, or is capable of forming explosive mixtures with air, or have the potential to do so based on the history of the mine or the geological area in which the mine is located. The concentration of methane in such mines is explosive or is capable of forming explosive mixtures if mixed with air as illustrated by Table 1 below, entitled “Relation Between Quantitative Composition and Explosibility of Mixtures of Methane and Air”.
</P>
<img src="/graphics/ec21oc91.048.gif"/>
<P>(4) <I>Category IV</I> applies to mines in which noncombustible ore is extracted and which liberate a concentration of methane that is not explosive nor capable of forming explosive mixtures with air based on the history of the mine or the geological area in which the mine is located. The concentration of methane in such mines is not explosive nor capable of forming explosive mixtures if mixed with air as illustrated by Table 1 above, entitled “Relation Between Quantitative Composition and Explosibility of Mixtures of Methane and Air”.
</P>
<P>(5) <I>Category V</I> applies to petroleum mines. Category V is divided into Subcategories V-A and V-B as follows:
</P>
<P>(i) <I>Subcategory V-A</I> applies to petroleum mines that operate entirely or partially within an oil reservoir; and all other petroleum mines in which—
</P>
<P>(A) A concentration of 0.25 percent or more methane has been detected in the mine atmosphere and confirmed by laboratory analysis; or
</P>
<P>(B) An ignition of methane has occurred.
</P>
<P>(ii) <I>Subcategory V-B</I> applies to petroleum mines that operate outside of and drill into an oil reservoir and in which—
</P>
<P>(A) A concentration of 0.25 percent or more methane has not been detected in the mine atmosphere; and
</P>
<P>(B) An ignition of methane has not occurred.
</P>
<P>(6) <I>Category VI</I> applies to mines in which the presence of methane has not been established and are not included in another category or subcategory.
</P>
<P>(b) Category or subcategory placement or change in placement shall include consideration of the following:
</P>
<P>(1) The history and geology of the mine or of the geological area in which the mine is located;
</P>
<P>(2) The ore body and host rock;
</P>
<P>(3) The character, amount, duration, origin, and nature of methane emission and the presence of explosive dust and inert gases; and
</P>
<P>(4) Whether or not conditions encountered during primary or access development are transient or permanent.
</P>
<P>(c)(1) Gas samples for the purpose of category or subcategory placement or change in placement, and for determining action levels, shall be taken in the mine atmosphere. Gas samples taken to determine the nature and extent of an occurrence under § 57.22004 (c) and (d) may be taken at any location, including the source, point of entry and the mine atmosphere.
</P>
<P>(2) Tests for methane shall be made with hand-held methanometers, methane monitors, atmospheric monitoring systems, devices used to provide laboratory analysis of samples, or with other equally effective sampling devices. However, only methane samples that have been confirmed by laboratory analysis shall be used for category or subcategory placement or change in placement.
</P>
<P>(d) Each mine and mill shall be required to operate in accordance with the safety standards applicable to its particular category or subcategory.


</P>
</DIV8>


<DIV8 N="§ 57.22004" NODE="30:1.0.1.8.30.20.204.4" TYPE="SECTION">
<HEAD>§ 57.22004   Category placement or change in placement.</HEAD>
<P>The Administrator for Metal and Nonmetal Mine Safety and Health (Administrator) shall be responsible for category and subcategory placement, change in placement, and notification of placement of mines.
</P>
<P>(a) The Administrator's proposed notice of placement or change in placement shall be sent to the mine operator and the appropriate representative of miners and shall include—
</P>
<P>(1) The category or subcategory;
</P>
<P>(2) The reasons for placement or change in placement;
</P>
<P>(3) The data considered;
</P>
<P>(4) The applicable standards and a time schedule for the mine operator to achieve compliance;
</P>
<P>(5) Whether or not conditions encountered during primary or access development are transient or permanent; and
</P>
<P>(6) Notification of the right to appeal the Administrator's determination under § 57.22005.
</P>
<P>(b) The operator or the representative of the miners shall have the right to request of the Administrator reassignment of the mine to a more appropriate category or subcategory if, based on operating experience, the conditions set forth in § 57.22003(b) indicate that the hazards of methane exist under circumstances more appropriately governed by a different category or subcategory. In response to such a request, the procedures set forth in paragraph (d) of this section shall apply. While the request for category or subcategory reassignment is pending, the mine shall continue to operate under the standards for the category or subcategory to which originally assigned.
</P>
<P>(c) MSHA shall be notified as soon as possible if any of the following events occur:
</P>
<P>(1) An outburst that results in 0.25 percent or more methane in the mine atmosphere;
</P>
<P>(2) A blowout that results in 0.25 percent or more methane in the mine atmosphere;
</P>
<P>(3) An ignition of methane; or
</P>
<P>(4) Air sample results that indicate 0.25 percent or more methane in the mine atmosphere of a Subcategory I-B, I-C, II-B, V-B or Category VI mine.
</P>
<P>(d) The Administrator shall promptly appoint an MSHA committee to investigate occurrences reported in accordance with paragraph (c) of this section or requests filed in accordance with paragraph (b) of this section. Upon completion of an investigation, the committee shall make a written report of the findings. These investigations may include an evaluation of the following:
</P>
<P>(1) Source, nature, and extent of occurrences;
</P>
<P>(2) Conditions under which the incident occurred;
</P>
<P>(3) Samples and tests;
</P>
<P>(4) Physical conditions at the time of the occurrence;
</P>
<P>(5) Charts, logs, and records related to the occurrence;
</P>
<P>(6) Whether the occurrence is isolated, continuous, or could recur;
</P>
<P>(7) Conditions indicating that the hazards of methane no longer exist or exist under circumstances more appropriately governed by a different category or subcategory;
</P>
<P>(8) The geology of the mine and the geological area in which the mine is located; and
</P>
<P>(9) Statements by witnesses, company officials, employees, and other persons having knowledge of the mine or the occurrence. Representatives of the mine operator, the miners and the appropriate State agency may participate in the investigation.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60 FR 33722, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22005" NODE="30:1.0.1.8.30.20.204.5" TYPE="SECTION">
<HEAD>§ 57.22005   Notice and appeal of placement or change in placement.</HEAD>
<P>(a) The Administrator's determination of category or subcategory placement or change in placement shall become final upon the 30th day after it is served on the mine operator and representative of miners, unless a request for a hearing has been filed. Service of the Administrator's determination is complete upon mailing by registered or certified mail, return receipt requested.
</P>
<P>(b) The mine operator or representative of miners may obtain review of the Administrator's determination by filing a request for a hearing with the Assistant Secretary of Labor for Mine Safety and Health, Mine Safety and Health Administration, 200 Constitution Avenue NW, Washington, DC 20210 within 30 days of the Administrator's determination. Service of a request for hearing is completed upon mailing by registered or certified mail, return receipt requested. Requests for a hearing shall be in writing and contain the following information:
</P>
<P>(1) Name, address, and mine identification number;
</P>
<P>(2) A concise statement of the reason why the Administrator's determination is inappropriate; and
</P>
<P>(3) A copy of the Administrator's determination.
</P>
<P>(c) The mine operator shall post a copy of the Administrator's determination and the request for a hearing on the mine bulletin board, and shall maintain the posting until the placement becomes final.
</P>
<P>(d) Promptly after receipt of the request for a hearing, the Assistant Secretary shall refer to the Chief Administrative Law Judge, United States Department of Labor, the following:
</P>
<P>(1) The request for a hearing;
</P>
<P>(2) The Administrator's determination; and
</P>
<P>(3) All information upon which the Administrator's determination was based.
</P>
<P>(e) The hearing shall be regulated and conducted by an Administrative Law Judge in accordance with 29 CFR part 18, entitled, “Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges.” Once the Administrative Law Judge has made an initial decision and served each party, the decision shall be final on the 30th day after service, unless discretionary review is undertaken by the Assistant Secretary or an appeal is filed by the mine operator or representative of the miners under paragraph (f) of this section.
</P>
<P>(f) Within 30 days after service of an initial decision of an Administrative Law Judge, the Assistant Secretary for Mine Safety and Health may undertake a discretionary review of the initial decision, or the mine operator, or representative of the miners may appeal the initial decision of the Administrative Law Judge to the Assistant Secretary.
</P>
<P>(1) The Assistant Secretary shall give notice of discretionary review to the mine operator and representative of the miners. The mine operator or representative of the miners shall give notice of an appeal to the other party. The notice shall specify the suggested changes and refer to the specific findings of fact, conclusions of law, and terms of the initial decision to be reviewed or appealed. The Assistant Secretary shall fix a time for filing any objections to the suggested changes and supporting reasons.
</P>
<P>(2) The Assistant Secretary shall promptly notify the Administrative Law Judge of a discretionary review or an appeal. The entire record of the proceedings shall be transmitted to the Assistant Secretary for review.
</P>
<P>(3) The Assistant Secretary shall make the final decision based upon consideration of the record of the proceedings. The final decision may affirm, modify, or set aside in whole or in part, the findings and conclusions contained in the initial decision. A statement of reasons for the action taken shall be included in the final decision. The final decision shall be served upon the mine operator and representative of the miners.
</P>
<P>(g) Unless a decision by the Administrator for Metal and Nonmetal Mine Safety and Health, or the initial decision of the Administrative Law Judge, is appealed within 30 days, it becomes final, and is not subject to judicial review for the purposes of 5 U.S.C. 704. Only a decision by the Assistant Secretary shall be considered final Agency action for purposes of judicial review. Any such appeal must be filed in the appropriate circuit of the United States Court of Appeal.
</P>
<P>(h) While a final decision of category placement is pending the following procedures shall apply:
</P>
<P>(1) Where a mine has been classified as gassy prior to the effective date of these standards, existing gassy mines standards 30 CFR 57.21001 through 57.21101 (1986 Edition) shall continue to be applicable until placement is final.
</P>
<P>(2) Where a mine has not been classified as gassy prior to the effective date of these standards and it is placed in Categories I through V, the mine shall comply with Category VI standards (§§ 57.22231, 57.22232, 57.22236, and 57.22238) until placement is final.
</P>
<P>(3) Where a mine has been classified in Categories I through V after the effective date of these standards and category reassignment is being considered, the mine shall comply with the standards applicable to the category to which presently assigned until category placement is final.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987, as amended at 67 FR 38385, June 4, 2002; 80 FR 52988, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="205" NODE="30:1.0.1.8.30.20.205" TYPE="SUBJGRP">
<HEAD>Fire Prevention and Control</HEAD>

</DIV7>

<NOTE>
<HED>Note:</HED>
<P>The Category or Subcategory applicability of each standard appears in the parentheses of each standard's title line.</P></NOTE>

<DIV8 N="§ 57.22101" NODE="30:1.0.1.8.30.20.206.6" TYPE="SECTION">
<HEAD>§ 57.22101   Smoking (I-A, II-A, III, and V-A mines).</HEAD>
<P>Persons shall not smoke or carry smoking materials, matches, or lighters underground. The operator shall institute a reasonable program to assure that persons entering the mine do not carry such items. 


</P>
</DIV8>


<DIV8 N="§ 57.22102" NODE="30:1.0.1.8.30.20.206.7" TYPE="SECTION">
<HEAD>§ 57.22102   Smoking (I-C mines).</HEAD>
<P>(a) Persons shall not smoke or carry smoking materials, matches, or lighters underground or within 50 feet of a mine opening. The operator shall institute a reasonable program to assure that persons entering the mine do not carry such items. 
</P>
<P>(b) Smoking is prohibited in surface milling facilities except in designated, dust-free smoking areas.


</P>
</DIV8>


<DIV8 N="§ 57.22103" NODE="30:1.0.1.8.30.20.206.8" TYPE="SECTION">
<HEAD>§ 57.22103   Open flames (I-A, II-A, III, and V-A mines).</HEAD>
<P>Open flames shall not be permitted underground except for welding, cutting, and other maintenance operations, and for igniting underground retorts in a Subcategory I-A mine. When using open flames in other than fresh air, or in places where methane may enter the air current, tests for methane shall be conducted by a competent person before work is started and every 10 minutes until the job is completed. Continuous methane monitors with audible alarms may be used after the initial test has been conducted as an alternative to the ten-minute interval testing requirement. Open flames shall not be used in atmospheres containing 0.5 percent or more methane.


</P>
</DIV8>


<DIV8 N="§ 57.22104" NODE="30:1.0.1.8.30.20.206.9" TYPE="SECTION">
<HEAD>§ 57.22104   Open flames (I-C mines).</HEAD>
<P>(a) Open flames, including cutting and welding, shall not be used underground. 
</P>
<P>(b) Welding and cutting shall not be done within 50 feet of a mine opening unless all persons are out of the mine and the mine opening is covered. The cover shall be a substantial material, such as metal or wood, topped with a layer of wetted material to prevent sparks and flames from entering the mine opening.


</P>
</DIV8>


<DIV8 N="§ 57.22105" NODE="30:1.0.1.8.30.20.206.10" TYPE="SECTION">
<HEAD>§ 57.22105   Smoking and open flames (IV mines).</HEAD>
<P>Smoking or open flames shall not be permitted in a face or raise, or during release of gas from a borehole until tests have been conducted in accordance with § 57.22226 and the methane level has been determined to be below 0.5 percent.


</P>
</DIV8>


<DIV8 N="§ 57.22106" NODE="30:1.0.1.8.30.20.206.11" TYPE="SECTION">
<HEAD>§ 57.22106   Dust containing volatile matter (I-C mines).</HEAD>
<P>Dust containing volatile matter shall not be allowed to accumulate on the surfaces of enclosures, facilities, or equipment used in surface milling in amounts that, if suspended in air, would become an explosive mixture. An explosive mixture of dust containing volatile matter is 0.02 ounce or more per cubic foot of air. 


</P>
</DIV8>


<DIV7 N="206" NODE="30:1.0.1.8.30.20.206" TYPE="SUBJGRP">
<HEAD>Ventilation</HEAD>


<DIV8 N="§ 57.22201" NODE="30:1.0.1.8.30.20.206.12" TYPE="SECTION">
<HEAD>§ 57.22201   Mechanical ventilation (I-A, I-B, I-C, II-A, II-B, III, IV, V-A, and V-B mines).</HEAD>
<P>All mines shall be ventilated mechanically.


</P>
</DIV8>


<DIV8 N="§ 57.22202" NODE="30:1.0.1.8.30.20.206.13" TYPE="SECTION">
<HEAD>§ 57.22202   Main fans (I-A, I-B, I-C, II-A, III, V-A, and V-B mines).</HEAD>
<P>(a) Main fans shall be—
</P>
<P>(1) Installed on the surface in noncombustible housings provided with noncombustible air ducts;
</P>
<P>(2) Except in Subcategory I-A mines, provided with an automatic signal device to give an alarm when the fan stops. The signal device shall be located so that it can be seen or heard by a person designated by the mine operator.
</P>
<P>(b) Fan installations shall be—
</P>
<P>(1) Offset so that the fan and its associated components are not in direct line with possible explosive forces;
</P>
<P>(2) Equipped with explosion-doors, a weak-wall, or other equivalent devices located to relieve the pressure that would be created by an explosion underground. The area of the doors or weak-wall shall be at least equivalent to the average cross-sectional area of the airway.
</P>
<P>(c) (1) All main fan-related electrical equipment and cables located within or exposed to the forward or reverse airstream shall be approved by MSHA under the appliable requirements of 30 CFR part 18;
</P>
<P>(2) Drive belts and nonmetallic fan blades shall be constructed of static-conducting material; and
</P>
<P>(3) Aluminum alloy fan blades shall not contain more than 0.5 percent magnesium. [Paragraph (c)(3) of this section does not apply to Subcategory I-C mines]. 
</P>
<P>(d) When an internal combustion engine is used to power a main fan or as standby power, the engine shall be—
</P>
<P>(1) Installed in a noncombustible housing;
</P>
<P>(2) Protected from a possible fuel supply fire or explosion; and
</P>
<P>(3) Located out of direct line with the forward and reverse airstream provided by the fan. Engine exhaust gases shall be vented to the atmosphere so that exhaust cannot contaminate mine intake air. 
</P>
<P>(e) For Subcategory I-A mines only: Main exhaust fans shall be equipped with methane monitors to give an alarm when methane in the return air reaches 0.5 percent. The alarm shall be located so that it can be seen or heard by a person designated by the mine operator.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22203" NODE="30:1.0.1.8.30.20.206.14" TYPE="SECTION">
<HEAD>§ 57.22203   Main fan operation (I-C mines).</HEAD>
<P>Main fans shall be operated continuously while ore production is in progress.


</P>
</DIV8>


<DIV8 N="§ 57.22204" NODE="30:1.0.1.8.30.20.206.15" TYPE="SECTION">
<HEAD>§ 57.22204   Main fan operation and inspection (I-A, II-A, III, and V-A mines).</HEAD>
<P>Main fans shall be—
</P>
<P>(a) Provided with a pressure-recording system; and
</P>
<P>(b) Inspected daily while operating if persons are underground. Certification of inspections shall be made by signature and date. Certifications and pressure recordings shall be retained for at least one year and made available to an authorized representative of the Secretary.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60 FR 33722, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22205" NODE="30:1.0.1.8.30.20.206.16" TYPE="SECTION">
<HEAD>§ 57.22205   Doors on main fans (I-A, II-A, III, and V-A mines).</HEAD>
<P>In mines ventilated by multiple main fans, each main fan installation shall be equipped with noncombustible doors. Such doors shall automatically close to prevent air reversal through the fan. The doors shall be located so that they are not in direct line with explosive forces which could come out of the mine.


</P>
</DIV8>


<DIV8 N="§ 57.22206" NODE="30:1.0.1.8.30.20.206.17" TYPE="SECTION">
<HEAD>§ 57.22206   Main ventilation failure (I-A, II-A, III, and V-A mines).</HEAD>
<P>(a) When there has been a main ventilation failure, such as stoppage of main fans or failure of other components of the main ventilation system, tests for methane shall be conducted in affected active workings until normal air flow has resumed.
</P>
<P>(b) If a total failure of ventilation occurs while all persons are out of the mine and the failure lasts for more than 30 minutes, only competent persons shall be allowed underground to examine the mine or to make necessary ventilation changes. Other persons may reenter the mine after the main fans have been operational for at least 30 minutes, or after the mine atmosphere has been tested and contains less than 1.0 percent methane. Persons other than examiners shall not reenter a Subcategory II-A mine until the methane level is less than 0.5 percent. 


</P>
</DIV8>


<DIV8 N="§ 57.22207" NODE="30:1.0.1.8.30.20.206.18" TYPE="SECTION">
<HEAD>§ 57.22207   Booster fans (I-A, II-A, III, and V-A mines).</HEAD>
<P>(a) Booster fans shall be approved by MSHA under the applicable requirements of 30 CFR part 18, and be—
</P>
<P>(1) Provided with an automatic signal device located so that it can be seen or heard by a person designated by the mine operator to give an alarm when the fan stops or when methane reaches the following levels:
</P>
<P>(i) 1.0 percent at the fan in Subcategory I-A, Category III, and Subcategory V-A mines; and
</P>
<P>(ii) 0.5 percent at the fan in Subcategory II-A mines.
</P>
<P>(2) Equipped with a device that automatically deenergizes power in affected workings should the fan stop; and
</P>
<P>(3) Equipped with starting and stopping controls located at the fan and at another accessible remote location.
</P>
<P>(b) Booster fan installations, except for booster fans installed in ducts, shall be—
</P>
<P>(1) Provided with doors which open automatically when all fans in the installation stop; and
</P>
<P>(2) Provided with an air lock when passage through the fan bulkhead is necessary.


</P>
</DIV8>


<DIV8 N="§ 57.22208" NODE="30:1.0.1.8.30.20.206.19" TYPE="SECTION">
<HEAD>§ 57.22208   Auxiliary fans (I-A, II-A, III, and V-A mines).</HEAD>
<P>(a) Auxiliary fans, except fans used in shops and other areas which have been so designed that methane cannot enter the airway, shall be approved by MSHA under the applicable requirements of 30 CFR part 18, and be operated so that recirculation is minimized. Auxiliary fans shall not be used to ventilate work places during the interruption of normal mine ventilation.
</P>
<P>(b) Tests for methane shall be made at auxiliary fans before they are started. 


</P>
</DIV8>


<DIV8 N="§ 57.22209" NODE="30:1.0.1.8.30.20.206.20" TYPE="SECTION">
<HEAD>§ 57.22209   Auxiliary fans (I-C mines).</HEAD>
<P>Electric auxiliary fans shall be approved by MSHA under the applicable requirements of 30 CFR part 18. Tests for methane shall be made at electric auxiliary fans before they are started. Such fans shall not be operated when air passing over or through them contains 0.5 percent or more methane.


</P>
</DIV8>


<DIV8 N="§ 57.22210" NODE="30:1.0.1.8.30.20.206.21" TYPE="SECTION">
<HEAD>§ 57.22210   In-line filters (I-C mines).</HEAD>
<P>Filters or separators shall be installed on air-lift fan systems to prevent explosive concentrations of dust from passing through the fan.


</P>
</DIV8>


<DIV8 N="§ 57.22211" NODE="30:1.0.1.8.30.20.206.22" TYPE="SECTION">
<HEAD>§ 57.22211   Air flow (I-A mines).</HEAD>
<P>The average air velocity in the last open crosscut in pairs or sets of developing entries, or through other ventilation openings nearest the face, shall be at least 40 feet per minute. The velocity of air ventilating each face at a work place shall be at least 20 feet per minute.


</P>
</DIV8>


<DIV8 N="§ 57.22212" NODE="30:1.0.1.8.30.20.206.23" TYPE="SECTION">
<HEAD>§ 57.22212   Air flow (I-C, II-A, and V-A mines).</HEAD>
<P>Air flow across each working face shall be sufficient to carry away any accumulation of methane, smoke, fumes, and dust.


</P>
</DIV8>


<DIV8 N="§ 57.22213" NODE="30:1.0.1.8.30.20.206.24" TYPE="SECTION">
<HEAD>§ 57.22213   Air flow (III mines).</HEAD>
<P>The quantity of air coursed through the last open crosscut in pairs or sets of entries, or through other ventilation openings nearest the face, shall be at least 6,000 cubic feet per minute, or 9,000 cubic feet per minute in longwall and continuous miner sections. The quantity of air across each face at a work place shall be at least 2,000 cubic feet per minute.


</P>
</DIV8>


<DIV8 N="§ 57.22214" NODE="30:1.0.1.8.30.20.206.25" TYPE="SECTION">
<HEAD>§ 57.22214   Changes in ventilation (I-A, II-A, III, and V-A mines).</HEAD>
<P>(a) Changes in ventilation which affect the main air current or any split thereof and which adversely affect the safety of persons in the mine shall be made only when the mine is idle.
</P>
<P>(b) Only persons engaged in making such ventilation changes shall be permitted in the mine during changes.
</P>
<P>(c) Power shall be deenergized in affected areas prior to making ventilation changes, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18. Power shall not be restored until the results of the change have been determined and a competent person has examined affected working places for methane.


</P>
</DIV8>


<DIV8 N="§ 57.22215" NODE="30:1.0.1.8.30.20.206.26" TYPE="SECTION">
<HEAD>§ 57.22215   Separation of intake and return air (I-A, II-A, III, and V-A mines).</HEAD>
<P>Main intake and return air currents shall be coursed through separate mine openings and shall be separated throughout the mine, except—
</P>
<P>(a) Where multiple shafts are used for ventilation and a single shaft contains a curtain wall or partition for separation of air currents. Such wall or partition shall be constructed of reinforced concrete or other noncombustible equivalent, and provided with pressure-relief devices.
</P>
<P>(b) During development of openings to the surface—
</P>
<P>(1) Ventilation tubing approved by MSHA in accordance with 30 CFR part 7 or previously issued a BC or VT acceptance number by the MSHA Approval and Certification Center may be used for separation of main air currents in the same opening. Flexible ventilation tubing shall not exceed 250 feet in length.
</P>
<P>(2) Only development related to making a primary ventilation connection may be performed beyond 250 feet of the shaft.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 54 FR 30508, July 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 57.22216" NODE="30:1.0.1.8.30.20.206.27" TYPE="SECTION">
<HEAD>§ 57.22216   Separation of intake and return air (I-C mines).</HEAD>
<P>The main intake and return air currents in single shafts shall be separated by ventilation tubing, curtain walls, or partitions. Ventilation tubing shall be constructed of noncombustible material. Curtain walls or partitions shall be constructed of reinforced concrete or other noncombustible equivalent, and provided with pressure-relief devices. 


</P>
</DIV8>


<DIV8 N="§ 57.22217" NODE="30:1.0.1.8.30.20.206.28" TYPE="SECTION">
<HEAD>§ 57.22217   Seals and stoppings (I-A, I-B, and I-C mines).</HEAD>
<P>All seals, and those stoppings that separate main intake from main return airways, shall be of substantial construction and constructed of noncombustible materials, except that stoppings constructed of brattice materials may be used in face areas.


</P>
</DIV8>


<DIV8 N="§ 57.22218" NODE="30:1.0.1.8.30.20.206.29" TYPE="SECTION">
<HEAD>§ 57.22218   Seals and stoppings (III, V-A, and V-B mines).</HEAD>
<P>(a) All seals, and those stoppings that separate main intake from main return airways, shall be of substantial construction, except that stoppings constructed of brattice materials may be used in face areas.
</P>
<P>(b) Exposed surfaces on the intake side of stoppings constructed of combustible materials or foam-type blocks shall be coated with at least one inch of construction plaster containing perlite and gypsum; at least one inch of expanded vermiculite, Portland cement and limestone; or other coatings with equivalent fire resistance. Stoppings constructed to phenolic foam blocks at least 12 inches thick need not be coated for fire resistance. All foam-type blocks used for stopping construction shall be solid.
</P>
<P>(c) Exposed surfaces on the fresh air side of seals constructed of combustible materials shall be coated with at least one inch of construction plaster containing perlite and gypsum; at least one inch of expanded vermiculite, Portland cement and limestone; or other coatings with equivalent fire resistance. Foam-type blocks shall not be used for seals.


</P>
</DIV8>


<DIV8 N="§ 57.22219" NODE="30:1.0.1.8.30.20.206.30" TYPE="SECTION">
<HEAD>§ 57.22219   Seals and stoppings (II-A mines).</HEAD>
<P>(a) Exposed surfaces on the intake side of stoppings constructed of combustible materials, except brattice, shall be coated with at least one inch of construction plaster containing perlite and gypsum; at least one inch of expanded vermiculite, Portland cement and limestone; or other coatings with equivalent fire resistance.
</P>
<P>(b) Seals shall be of substantial construction. Exposed surfaces on the fresh air side of seals constructed of combustible materials shall be coated with at least one inch of construction plaster containing perlite and gypsum; at least one inch of expanded vermiculite, Portland cement and limestone; or other coatings with equivalent fire resistance. Foam-type blocks shall not be used for seals.


</P>
</DIV8>


<DIV8 N="§ 57.22220" NODE="30:1.0.1.8.30.20.206.31" TYPE="SECTION">
<HEAD>§ 57.22220   Air passing unsealed areas (I-A, II-A, III, and V-A mines).</HEAD>
<P>Air that has passed by or through unsealed abandoned or unsealed inactive areas and contains 0.25 percent or more methane shall—
</P>
<P>(a) Be coursed directly to a return airway;
</P>
<P>(b) Be tested daily for methane by a competent person; and
</P>
<P>(c) Not be used to ventilate work places.


</P>
</DIV8>


<DIV8 N="§ 57.22221" NODE="30:1.0.1.8.30.20.206.32" TYPE="SECTION">
<HEAD>§ 57.22221   Overcast and undercast construction (I-A, II-A, III, and V-A mines).</HEAD>
<P>Overcasts and undercasts shall be—
</P>
<P>(a) Of substantial construction;
</P>
<P>(b)(1) Constructed of noncombustible materials; or
</P>
<P>(2) Where constructed of combustible materials, the outside surfaces shall be coated with at least one inch of construction plaster containing perlite and gypsum; at least one inch of expanded vermiculite, Portland cement and limestone; or other coatings with equivalent fire resistance;
</P>
<P>(c) Kept clear of obstructions.


</P>
</DIV8>


<DIV8 N="§ 57.22222" NODE="30:1.0.1.8.30.20.206.33" TYPE="SECTION">
<HEAD>§ 57.22222   Ventilation materials (I-A, I-B, I-C, II-A, III, V-A, and V-B mines).</HEAD>
<P>Brattice cloth and ventilation tubing shall be approved by MSHA in accordance with 30 CFR part 7, or shall bear a BC or VT acceptance number issued by the MSHA Approval and Certification Center.
</P>
<CITA TYPE="N">[54 FR 30508, July 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 57.22223" NODE="30:1.0.1.8.30.20.206.34" TYPE="SECTION">
<HEAD>§ 57.22223   Crosscuts before abandonment (III mines).</HEAD>
<P>A means of ventilating faces shall be provided before workings are abandoned in unsealed areas, unless crosscuts are provided within 30 feet of the face.


</P>
</DIV8>


<DIV8 N="§ 57.22224" NODE="30:1.0.1.8.30.20.206.35" TYPE="SECTION">
<HEAD>§ 57.22224   Auxiliary equipment stations (I-A and III mines).</HEAD>
<P>Battery charging stations, compressor stations, pump stations, and transformer stations shall be installed in intake air at locations which are sufficiently ventilated to prevent the accumulation of methane.


</P>
</DIV8>


<DIV8 N="§ 57.22225" NODE="30:1.0.1.8.30.20.206.36" TYPE="SECTION">
<HEAD>§ 57.22225   Auxiliary equipment stations (I-C mines).</HEAD>
<P>Battery charging stations, compressor stations, and electrical substations shall not be installed underground or within 50 feet of a mine opening. 


</P>
</DIV8>


<DIV8 N="§ 57.22226" NODE="30:1.0.1.8.30.20.206.37" TYPE="SECTION">
<HEAD>§ 57.22226   Testing for methane (IV mines).</HEAD>
<P>Tests for methane shall be conducted in the mine atmosphere by a competent person—
</P>
<P>(a) At least once each shift prior to starting work in each face and raise; and
</P>
<P>(b) Upon initial release of gas into the mine atmosphere from boreholes.


</P>
</DIV8>


<DIV8 N="§ 57.22227" NODE="30:1.0.1.8.30.20.206.38" TYPE="SECTION">
<HEAD>§ 57.22227   Approved testing devices (I-A, I-B, I-C, II-A, II-B, III, IV, V-A, and V-B mines).</HEAD>
<P>(a) Methane monitoring devices and portable, battery-powered, self-contained devices used for measuring methane, other gases, and contaminants in mine air shall be approved by MSHA under the applicable requirements of 30 CFR parts 18, 21, 22, 23, 27, and 29. Such devices shall be maintained in accordance with manufacturers' instructions, or an equivalent maintenance and calibration procedure.
</P>
<P>(b)(1) Flame safety lamps shall not be used to test for methane except as supplementary devices.
</P>
<P>(2) Flame safety lamps shall not be used in Subcategory I-C mines.
</P>
<P>(c)(1) If electrically powered, remote sensing devices are used, that portion of the instrument located in return air or other places where combustible gases may be present shall be approved by MSHA under the applicable requirements of 30 CFR parts 18, 22, 23, 27, and 29.
</P>
<P>(2) If air samples are delivered to remote analytical devices through sampling tubes, such tubes shall be provided with in-line flame arrestors. Pumping equipment and analytical instruments shall be located in intake air.


</P>
</DIV8>


<DIV8 N="§ 57.22228" NODE="30:1.0.1.8.30.20.206.39" TYPE="SECTION">
<HEAD>§ 57.22228   Preshift examination (I-A, I-C, II-A, III, and V-A mines).</HEAD>
<P>(a) Preshift examinations shall be conducted within three hours prior to the start of the shift for which the examination is being made.
</P>
<P>(b) Prior to the beginning of a shift following an idle shift, a competent person shall test the mine atmosphere for methane at all work places before persons other than examiners enter the mine.
</P>
<P>(c) When one shift immediately follows another, a competent person shall test the mine atmosphere at each active working face for methane before work is started on that shift.
</P>
<P>(d) A competent person shall test the mine atmosphere at each face blasted before work is started.
</P>
<P>(e) Except in Subcategory I-C or Category III mines, vehicles used for transportation when examining the mine shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22229" NODE="30:1.0.1.8.30.20.206.40" TYPE="SECTION">
<HEAD>§ 57.22229   Weekly testing (I-A, III, and V-A mines).</HEAD>
<P>(a) The mine atmosphere shall be tested for methane and carbon monoxide at least once every seven days by a competent person or an atmospheric monitoring system, or a combination of the two. Such testing shall be done at the following locations:
</P>
<P>(1) The return of each split where it enters the main return;
</P>
<P>(2) Adjacent to retreat areas, if accessible;
</P>
<P>(3) At least one seal of each sealed area, if accessible;
</P>
<P>(4) Main returns;
</P>
<P>(5) At least one entry of each intake and return;
</P>
<P>(6) Idle workings; and
</P>
<P>(7) Return air from unsealed abandoned workings.
</P>
<P>(b) The volume of air (velocity in Subcategory I-A mines) shall be measured at least once every seven days by a competent person. Such measurement shall be done at the following locations:
</P>
<P>(1) Entering main intakes;
</P>
<P>(2) Leaving main returns;
</P>
<P>(3) Entering each main split;
</P>
<P>(4) Returning from each main split; and
</P>
<P>(5) In the last open crosscuts or other ventilation openings nearest the active faces where the air enters the return.
</P>
<P>(c) Where such examinations disclose hazardous conditions, affected persons shall be informed and corrective action shall be taken.
</P>
<P>(d) Certification of examinations shall be made by signature and date. Certifications shall be retained for at least one year and made available to authorized representatives of the Secretary.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22230" NODE="30:1.0.1.8.30.20.206.41" TYPE="SECTION">
<HEAD>§ 57.22230   Weekly testing (II-A mines).</HEAD>
<P>(a) The mine atmosphere shall be tested for methane at least once every seven days by a competent person or an atmospheric monitoring system, or a combination of the two. Such testing shall be done at the following locations: 
</P>
<P>(1) Active mining faces and benches;
</P>
<P>(2) Main returns;
</P>
<P>(3) Returns from idle workings;
</P>
<P>(4) Returns from abandoned workings; and 
</P>
<P>(5) Seals.
</P>
<P>(b) Where such examinations disclose hazardous conditions, affected persons shall be informed and corrective action shall be taken. 
</P>
<P>(c) Certification of examinations shall be made by signature and date. Certifications shall be kept for at least one year and made available to authorized representatives of the Secretary. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22231" NODE="30:1.0.1.8.30.20.206.42" TYPE="SECTION">
<HEAD>§ 57.22231   Actions at 0.25 percent methane (I-B, II-B, V-B, and VI mines).</HEAD>
<P>If methane reaches 0.25 percent in the mine atmosphere, changes shall be made to improve ventilation, and MSHA shall be notified immediately.


</P>
</DIV8>


<DIV8 N="§ 57.22232" NODE="30:1.0.1.8.30.20.206.43" TYPE="SECTION">
<HEAD>§ 57.22232   Actions at 0.5 percent methane (I-B, II-A, II-B, IV, V-B, and VI mines).</HEAD>
<P>If methane reaches 0.5 percent in the mine atmosphere, ventilation changes shall be made to reduce the level of methane. Until methane is reduced to less than 0.5 percent, electrical power shall be deenergized in affected areas, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18. Diesel equipment shall be shut off or immediately removed from the area and no other work shall be permitted in affected areas. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22233" NODE="30:1.0.1.8.30.20.206.44" TYPE="SECTION">
<HEAD>§ 57.22233   Actions at 0.5 percent methane (I-C mines).</HEAD>
<P>If methane reaches 0.5 percent in the mine atmosphere, ventilation changes shall be made to reduce the level of methane. Until methane is reduced to less than 0.5 percent, no other work shall be permitted in affected areas. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 57.22234" NODE="30:1.0.1.8.30.20.206.45" TYPE="SECTION">
<HEAD>§ 57.22234   Actions at 1.0 percent methane (I-A, I-B, III, V-A, and V-B mines).</HEAD>
<P>(a) If methane reaches 1.0 percent in the mine atmosphere, ventilation changes shall be made to reduce the methane. Until such changes are achieved—
</P>
<P>(1) All persons other than competent persons necessary to make the ventilation changes shall be withdrawn from affected areas; 
</P>
<P>(2) Electrical power shall be deenergized in affected areas, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18; and 
</P>
<P>(3) Diesel equipment shall be shut off or immediately removed from the area. 
</P>
<P>(b) If methane reaches 1.0 percent at a main exhaust fan, electrical power underground shall be deenergized, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18, and all persons shall be withdrawn from the mine. 
</P>
<P>(c) If methane reaches 1.0 percent at a work place and there has been a failure of the main ventilation system, all persons shall be withdrawn from the mine. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22235" NODE="30:1.0.1.8.30.20.206.46" TYPE="SECTION">
<HEAD>§ 57.22235   Actions at 1.0 percent methane (I-C, II-A, II-B, and IV mines).</HEAD>
<P>(a) If methane reaches 1.0 percent in the mine atmosphere, all persons other than competent persons necessary to make ventilation changes shall be withdrawn from affected areas until methane is reduced to less than 0.5 percent. 
</P>
<P>(b) If methane reaches 1.0 percent at a work place and there has been a failure of the main ventilation system, all persons shall be withdrawn from the mine. 


</P>
</DIV8>


<DIV8 N="§ 57.22236" NODE="30:1.0.1.8.30.20.206.47" TYPE="SECTION">
<HEAD>§ 57.22236   Actions at 1.0 percent methane (VI mines).</HEAD>
<P>If methane reaches 1.0 percent in the mine atmosphere, all persons other than competent persons necessary to make ventilation changes shall be withdrawn from affected areas until methane is reduced to less than 0.5 percent. 


</P>
</DIV8>


<DIV8 N="§ 57.22237" NODE="30:1.0.1.8.30.20.206.48" TYPE="SECTION">
<HEAD>§ 57.22237   Actions at 2.0 to 2.5 percent methane in bleeder systems (I-A and III mines).</HEAD>
<P>If methane reaches 2.0 percent in bleeder systems at the point where a bleeder split enters a main return split, mining shall not be permitted on ventilation splits affected by the bleeder system. If methane has not been reduced to less than 2.0 percent within 30 minutes, or if methane levels reach 2.5 percent, all persons other than competent persons necessary to take corrective action shall be withdrawn from affected areas. 


</P>
</DIV8>


<DIV8 N="§ 57.22238" NODE="30:1.0.1.8.30.20.206.49" TYPE="SECTION">
<HEAD>§ 57.22238   Actions at 2.0 percent methane (I-B, II-B, V-B, and VI mines).</HEAD>
<P>If methane reaches 2.0 percent in the mine atmosphere, all persons other than competent persons necessary to make ventilation changes shall be withdrawn from the mine until methane is reduced to less than 0.5 percent. 


</P>
</DIV8>


<DIV8 N="§ 57.22239" NODE="30:1.0.1.8.30.20.206.50" TYPE="SECTION">
<HEAD>§ 57.22239   Actions at 2.0 percent methane (IV mines).</HEAD>
<P>If methane reaches 2.0 percent in the mine atmosphere, all persons other than competent persons necessary to make ventilation changes shall be withdrawn from the mine until methane is reduced to less than 0.5 percent. MSHA shall be notified immediately. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22240" NODE="30:1.0.1.8.30.20.206.51" TYPE="SECTION">
<HEAD>§ 57.22240   Actions at 2.0 percent methane (V-A mines).</HEAD>
<P>If methane reaches 2.0 percent in the mine atmosphere, all persons other than competent persons necessary to make ventilation changes shall be withdrawn from affected areas until methane is reduced to less than 1.0 percent. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987; 52 FR 27903, July 24, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22241" NODE="30:1.0.1.8.30.20.206.52" TYPE="SECTION">
<HEAD>§ 57.22241   Advance face boreholes (I-C mines).</HEAD>
<P>(a) Boreholes shall be drilled at least 25 feet in advance of a face whenever the work place is within—
</P>
<P>(1) 50 feet of a surveyed abandoned mine or abandoned workings which cannot be inspected; or
</P>
<P>(2) 200 feet of an unsurveyed abandoned mine or abandoned workings which cannot be inspected.
</P>
<P>(b) Boreholes shall be drilled in such a manner to insure that the advancing face will not accidently break into an abandoned mine or abandoned working.


</P>
</DIV8>

</DIV7>


<DIV7 N="207" NODE="30:1.0.1.8.30.20.207" TYPE="SUBJGRP">
<HEAD>Equipment</HEAD>


<DIV8 N="§ 57.22301" NODE="30:1.0.1.8.30.20.207.53" TYPE="SECTION">
<HEAD>§ 57.22301   Atmospheric monitoring systems (I-A, II-A, and V-A mines).</HEAD>
<P>(a) An atmospheric monitoring system shall be installed to provide surface readings of methane concentrations in the mine atmosphere from underground locations. Components of the system shall be approved by MSHA under the applicable requirements of 30 CFR parts 18, 22, 23, and 27; or be determined by MSHA under 30 CFR part 18 to be intrinsically safe or explosion-proof.
</P>
<P>(b) Atmospheric monitoring systems shall—
</P>
<P>(1) Give warnings on the surface and underground when methane at any sensor reaches 0.5 percent or more, and when power to a sensor is interrupted. Warning devices shall be located so that they can be seen and heard by a person designated by the mine operator; and
</P>
<P>(2) Automatically deenergize power in affected areas, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18, when methane at any sensor reaches—
</P>
<P>(i) 1.0 percent in a Subcategory I-A or V-A mine; or 
</P>
<P>(ii) 0.5 percent while persons are underground and 1.0 percent during blasting in a Subcategory II-A mine. Timing devices are permitted to avoid nuisance tripping for periods not to exceed 30 seconds, except during blasting or the ventilation time following a blast in a Subcategory II-A mine. 
</P>
<P>(c) Atmospheric monitoring systems shall be checked with a known mixture of methane, and calibrated if necessary at least once every 30 days. Certification of calibration tests shall be made by signature and date. Certifications of tests shall be retained for at least one year and made available to authorized representatives of the Secretary.


</P>
</DIV8>


<DIV8 N="§ 57.22302" NODE="30:1.0.1.8.30.20.207.54" TYPE="SECTION">
<HEAD>§ 57.22302   Approved equipment (I-A and V-A mines).</HEAD>
<P>Equipment used in or beyond the last open crosscut shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36. Equipment shall not be operated in atmospheres containing 1.0 percent or more methane.


</P>
</DIV8>


<DIV8 N="§ 57.22303" NODE="30:1.0.1.8.30.20.207.55" TYPE="SECTION">
<HEAD>§ 57.22303   Approved equipment (I-C mines).</HEAD>
<P>Only electrical equipment that is approved by MSHA under the applicable requirements of 30 CFR parts 18 through 28 or approved under 30 CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as of July 1, 1999, shall be used underground, except for submersible sump pumps.
</P>
<CITA TYPE="N">[64 FR 43283, Aug. 10, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 57.22304" NODE="30:1.0.1.8.30.20.207.56" TYPE="SECTION">
<HEAD>§ 57.22304   Approved equipment (II-A mines).</HEAD>
<P>(a) Cutting and drilling equipment used at a face or bench shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36.
</P>
<P>(b) While cutting or drilling is in progress, equipment not approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36 shall remain at least 100 feet from the face or bench being mined.
</P>
<P>(c) Tests for methane shall be conducted immediately before nonapproved equipment is taken to a face or bench after blasting.
</P>
<P>(d) Mine power transformers and stationary equipment not approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36 shall be installed in fresh air or downwind from an atmospheric methane monitor sensor.


</P>
</DIV8>


<DIV8 N="§ 57.22305" NODE="30:1.0.1.8.30.20.207.57" TYPE="SECTION">
<HEAD>§ 57.22305   Approved equipment (III mines).</HEAD>
<P>Equipment used in or beyond the last open crosscut and equipment used in areas where methane may enter the air current, such as pillar recovery workings, longwall faces and shortwall faces, shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36. Equipment shall not be operated in atmospheres containing 1.0 percent or more methane.


</P>
</DIV8>


<DIV8 N="§ 57.22306" NODE="30:1.0.1.8.30.20.207.58" TYPE="SECTION">
<HEAD>§ 57.22306   Methane monitors (I-A mines).</HEAD>
<P>(a) Methane monitors shall be installed on continuous mining machines, longwall mining systems, and on loading and haulage equipment used in or beyond the last open crosscut.
</P>
<P>(b) The monitors shall—
</P>
<P>(1) Give warning at 1.0 percent methane;
</P>
<P>(2) Automatically deenergize electrical equipment, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18, and prevent starting such equipment when methane levels reach 1.5 percent. Diesel equipment shall be shut off or immediately removed from the affected area; and
</P>
<P>(3) Automatically deenergize electrical equipment when power to a sensor is interrupted. Diesel equipment shall not be operated if the monitor is inoperative.
</P>
<P>(c) Sensing units of monitors shall be positioned at a location which provides for the most effective measurement of methane.


</P>
</DIV8>


<DIV8 N="§ 57.22307" NODE="30:1.0.1.8.30.20.207.59" TYPE="SECTION">
<HEAD>§ 57.22307   Methane monitors (II-A mines).</HEAD>
<P>(a) Methane monitors shall be installed on continuous mining machines, longwall mining systems, bench and face drills, and undercutting machines used in or beyond the last open crosscut.
</P>
<P>(b) The monitors shall—
</P>
<P>(1) Give warning at 0.5 percent methane;
</P>
<P>(2) Automatically deenergize electrical equipment, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18, and prevent starting such equipment when methane levels reach 1.0 percent; and 
</P>
<P>(3) Automatically deenergize the equipment when power to a sensor is interrupted.
</P>
<P>(c) Sensing units of monitors shall be positioned at a location which provides for the most effective measurement of methane.


</P>
</DIV8>


<DIV8 N="§ 57.22308" NODE="30:1.0.1.8.30.20.207.60" TYPE="SECTION">
<HEAD>§ 57.22308   Methane monitors (III mines).</HEAD>
<P>(a) Methane monitors shall be installed on continuous mining machines and longwall mining systems.
</P>
<P>(b) The monitors shall—
</P>
<P>(1) Give warning at 1.0 percent methane;
</P>
<P>(2) Automatically deenergize electrical equipment, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18, and prevent starting such equipment when methane levels reach 1.5 percent; and 
</P>
<P>(3) Automatically deenergize the equipment when power to a sensor is interrupted.
</P>
<P>(c) Sensing units of monitors shall be positioned at a location which provides for the most effective measurement of methane.


</P>
</DIV8>


<DIV8 N="§ 57.22309" NODE="30:1.0.1.8.30.20.207.61" TYPE="SECTION">
<HEAD>§ 57.22309   Methane monitors (V-A mines).</HEAD>
<P>(a) Methane monitors shall be installed on continuous mining machines used in or beyond the last open crosscut.
</P>
<P>(b) The monitors shall—
</P>
<P>(1) Give warning at 1.0 percent methane.
</P>
<P>(2) Automatically deenergize electrical equipment, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18, and prevent starting of such equipment when methane levels reach 1.5 percent; and
</P>
<P>(3) Automatically deenergize the equipment when power to a sensor is interrupted.
</P>
<P>(c) Sensing units of monitors shall be positioned at a location which provides for the most effective measurement of methane.


</P>
</DIV8>


<DIV8 N="§ 57.22310" NODE="30:1.0.1.8.30.20.207.62" TYPE="SECTION">
<HEAD>§ 57.22310   Electrical cables (I-C mines).</HEAD>
<P>Electrical cables used to power submersible sump pumps shall be accepted or approved by MSHA as flame resistant, or be installed in continuous metal conduit or metal pipe. The ends of such conduit or pipe shall be sealed to prevent entry of explosive gas or dust.
</P>
<CITA TYPE="N">[57 FR 61223, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 57.22311" NODE="30:1.0.1.8.30.20.207.63" TYPE="SECTION">
<HEAD>§ 57.22311   Electrical cables (II-A mines).</HEAD>
<P>Only jacketed electrical cables accepted or approved by MSHA as flame resistant shall be used to supply power to distribution boxes and electrical equipment operating in face and bench areas.
</P>
<CITA TYPE="N">[57 FR 61223, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 57.22312" NODE="30:1.0.1.8.30.20.207.64" TYPE="SECTION">
<HEAD>§ 57.22312   Distribution boxes (II-A and V-A mines).</HEAD>
<P>Distribution boxes containing short circuit protection for trailing cables of approved equipment shall be approved by MSHA under 30 CFR part 18.


</P>
</DIV8>


<DIV8 N="§ 57.22313" NODE="30:1.0.1.8.30.20.207.65" TYPE="SECTION">
<HEAD>§ 57.22313   Explosion-protection systems (I-C mines).</HEAD>
<P>Pressure-relief systems including vents, or explosion suppression systems, shall be provided on explosive dust handling and processing equipment and on facilities housing such equipment. Vents shall be installed so that forces are directed away from persons should an explosion occur. The ratio of vent size to internal size of the equipment or facility shall not be less than one square foot of vent for each 80 cubic feet of volume or space.


</P>
</DIV8>


<DIV8 N="§ 57.22314" NODE="30:1.0.1.8.30.20.207.66" TYPE="SECTION">
<HEAD>§ 57.22314   Flow-control devices (V-A and V-B mines).</HEAD>
<P>Oil recovery drill holes that penetrate oil bearing formations shall have devices to control the release of liquid hydrocarbons and hazardous gases during the drilling process. Such devices may be recovered for reuse after the formation has been depressurized or the well or borehole has been capped or connected to a collection system.


</P>
</DIV8>


<DIV8 N="§ 57.22315" NODE="30:1.0.1.8.30.20.207.67" TYPE="SECTION">
<HEAD>§ 57.22315   Self-contained breathing apparatus (V-A mines).</HEAD>
<P>Self-contained breathing apparatus of a duration to allow for escape from the mine and sufficient in number to equip all persons underground shall be strategically located throughout the mine. Such apparatus shall be approved by MSHA and NIOSH under 42 CFR part 84 and shall be maintained in accordance with manufacturers' specifications. This standard does not apply to double entry mining systems where crosscut intervals do not exceed 250 feet.
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 60 FR 30401, June 8, 1995]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="208" NODE="30:1.0.1.8.30.20.208" TYPE="SUBJGRP">
<HEAD>Underground Retorts</HEAD>


<DIV8 N="§ 57.22401" NODE="30:1.0.1.8.30.20.208.68" TYPE="SECTION">
<HEAD>§ 57.22401   Underground retorts (I-A and I-B mines).</HEAD>
<P>(a) Retorts shall be provided with—
</P>
<P>(1) Two independent power sources for main mine ventilation fans and those fans directly ventilating retort bulkheads, and for retort blowers, and provisions for switching promptly from one power source to the other; and
</P>
<P>(2) An alarm system for blower malfunctions and an evacuation plan to assure safety of personnel in the event of a failure.
</P>
<P>(b) Prior to the ignition of underground retorts, a written ignition and operation plan shall be submitted to the MSHA District Manager for the area in which the mine is located. The mine operator shall comply with all provisions of the retort plan. The retort plan shall include—
</P>
<P>(1) Acceptable levels of combustible gases and oxygen in retort off-gases during start-up and during burning; levels at which corrective action will be initiated; levels at which personnel will be removed from the retort areas, from the mine, and from endangered surface areas; and the conditions for reentering the mine;
</P>
<P>(2) Specification and locations of off-gas monitoring procedures and equipment;
</P>
<P>(3) Specifications for construction of retort bulkheads and seals, and their locations;
</P>
<P>(4) Procedures for ignition of a retort and for reignition following a shutdown; and 
</P>
<P>(5) Details of area monitoring and alarm systems for hazardous gases and actions to be taken to assure safety of personnel. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>

</DIV7>


<DIV7 N="209" NODE="30:1.0.1.8.30.20.209" TYPE="SUBJGRP">
<HEAD>Illumination</HEAD>


<DIV8 N="§ 57.22501" NODE="30:1.0.1.8.30.20.209.69" TYPE="SECTION">
<HEAD>§ 57.22501   Personal electric lamps (I-A, I-B, I-C, II-A, II-B, III, IV, V-A, and V-B mines).</HEAD>
<P>Electric lamps used for personal illumination shall be approved by MSHA under the requirements of 30 CFR parts 19 or 20, as applicable. 


</P>
</DIV8>

</DIV7>


<DIV7 N="210" NODE="30:1.0.1.8.30.20.210" TYPE="SUBJGRP">
<HEAD>Explosives</HEAD>


<DIV8 N="§ 57.22601" NODE="30:1.0.1.8.30.20.210.70" TYPE="SECTION">
<HEAD>§ 57.22601   Blasting from the surface (I-A mines).</HEAD>
<P>(a) All development, production, and bench rounds shall be initiated from the surface after all persons are out of the mine. Persons shall not enter the mine until ventilating air has passed over the blast area and through at least one atmospheric monitoring sensor. 
</P>
<P>(b) After blasting, if the monitoring system indicates that methane in the mine is less than 1.0 percent, persons may enter the mine. All places blasted shall be tested for methane by a competent person before work is started. 
</P>
<P>(c) If the monitoring system indicates the presence of 1.0 percent or more methane, persons other than examiners shall not enter the mine until the mine has been examined by a competent person and the methane content has been reduced to less than 1.0 percent. 
</P>
<P>(d) Vehicles used for transportation when examining the mine shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988] 
</CITA>
<EFFDNOT>
<HED>Effective Date Note:</HED><PSPACE>At 53 FR 9615, Mar. 24, 1988, § 57.22601 was stayed until further notice.</PSPACE></EFFDNOT>
</DIV8>


<DIV8 N="§ 57.22602" NODE="30:1.0.1.8.30.20.210.71" TYPE="SECTION">
<HEAD>§ 57.22602   Blasting from the surface (I-C mines).</HEAD>
<P>(a) All blasting shall be initiated from the surface after all persons are out of the mine and any connecting mines. 
</P>
<P>(b) Persons shall not enter the mine until a competent person has examined the blast sites and methane concentrations are less than 0.5 percent. 


</P>
</DIV8>


<DIV8 N="§ 57.22603" NODE="30:1.0.1.8.30.20.210.72" TYPE="SECTION">
<HEAD>§ 57.22603   Blasting from the surface (II-A mines).</HEAD>
<P>(a) All development, production, and bench rounds shall be initiated from the surface after all persons are out of the mine. Persons shall not enter the mine until the mine has been ventilated for at least 15 minutes and the ventilating air has passed over the blast area and through at least one atmospheric monitoring sensor. 
</P>
<P>(b) If the monitoring system indicates that methane in the mine is less than 0.5 percent, competent persons may enter the mine to test for methane in all blast areas. 
</P>
<P>(c) If the monitoring system indicates that methane in the mine is 0.5 percent or more, the mine shall be ventilated and persons shall not enter the mine until the monitoring system indicates that methane in the mine is less than 0.5 percent. 
</P>
<P>(d) If the monitoring system is inoperable or malfunctions, the mine shall be ventilated for at least 45 minutes and the mine power shall be deenergized before persons enter the mine. Only competent persons necessary to test for methane may enter the mine until the methane in the mine is less than 0.5 percent. 
</P>
<P>(e) Vehicles used for transportation when examining the mine shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36. Vehicles shall not be used to examine the mine if the monitoring system is inoperable or has malfunctioned. 


</P>
</DIV8>


<DIV8 N="§ 57.22604" NODE="30:1.0.1.8.30.20.210.73" TYPE="SECTION">
<HEAD>§ 57.22604   Blasting from the surface (II-B mines).</HEAD>
<P>All development, production, and bench rounds shall be initiated from the surface after all persons are out of the mine. Persons other than those designated by the mine operator to make methane tests shall not enter the mine until all blast areas have been tested for methane. 


</P>
</DIV8>


<DIV8 N="§ 57.22605" NODE="30:1.0.1.8.30.20.210.74" TYPE="SECTION">
<HEAD>§ 57.22605   Blasting from the surface (V-A mines).</HEAD>
<P>(a) All development and production blasting shall be initiated from the surface after all persons are out of the mine. Persons shall not enter the mine until ventilating air has passed over the blast area and through at least one atmospheric monitoring sensor. 
</P>
<P>(b) If the monitoring system indicates that methane in the mine is less than 1.0 percent, persons may enter the mine, and all places blasted shall be tested for methane by a competent person before work is started. 
</P>
<P>(c) If the monitoring system indicates the presence of 1.0 percent or more methane, persons other than examiners shall not enter the mine until the mine has been examined by a competent person and the methane level is less than 1.0 percent. 
</P>
<P>(d) Vehicles used for transportation when examining the mine shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36. 
</P>
<P>(e) This standard applies only to mines blasting within an oil reservoir. 


</P>
</DIV8>


<DIV8 N="§ 57.22606" NODE="30:1.0.1.8.30.20.210.75" TYPE="SECTION">
<HEAD>§ 57.22606   Explosive materials and blasting units (III mines).</HEAD>
<P>(a) Mine operators shall notify the appropriate MSHA District Manager of all nonapproved explosive materials and blasting units to be used prior to their use. Explosive materials used for blasting shall be approved by MSHA under 30 CFR part 15, or nonapproved explosive materials shall be evaluated and determined by the District Manager to be safe for blasting in a potentially gassy environment. The notice shall also include the millisecond-delay interval between successive shots and between the first and last shot in a round. 
</P>
<P>(b) Faces shall be examined for proper placement of holes, possible breakthrough, and water. Ammonium nitrate blasting agents shall not be loaded into wet holes. 
</P>
<P>(c) Multiple-shot blasts shall be initiated with detonators encased in copper-based alloy shells. Aluminum and aluminum alloy-cased detonators, nonelectric detonators, detonating cord, and safety fuses shall not be used. All detonators in a round shall be made by the same manufacturer. 
</P>
<P>(d) Nonapproved explosives shall be used only as primers with ammonium nitrate-fuel oil blasting agents. Such primers shall be placed at the back or bottom of the hole. 
</P>
<P>(e) Blast holes shall be stemmed with a noncombustible material in an amount to confine the explosive charge. Breakthrough holes shall be stemmed at both ends. 
</P>
<P>(f) Mudcaps or other nonapproved unconfined shots shall not be blasted. 
</P>
<P>(g)(1) Blasting units shall be approved by MSHA under 30 CFR part 25; or 
</P>
<P>(2) Blasting units used to fire more than 20 detonators shall provide at least 2 amperes through each detonator but not more than an average of 100 amperes through one ohm for 10 milliseconds, and provide the necessary current for at least the first 5 milliseconds with a cutoff not to exceed 10 milliseconds. 
</P>
<CITA TYPE="N">[52 FR 24941, July 1, 1987, as amended at 52 FR 41397, Oct. 27, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 57.22607" NODE="30:1.0.1.8.30.20.210.76" TYPE="SECTION">
<HEAD>§ 57.22607   Blasting on shift (III mines).</HEAD>
<P>When blasting on shift, tests for methane shall be made in the mine atmosphere by a competent person before blasting. Blasting shall not be done when 1.0 percent or more methane is present. 


</P>
</DIV8>


<DIV8 N="§ 57.22608" NODE="30:1.0.1.8.30.20.210.77" TYPE="SECTION">
<HEAD>§ 57.22608   Secondary blasting (I-A, II-A, and V-A mines).</HEAD>
<P>Prior to secondary blasting, tests for methane shall be made in the mine atmosphere at blast sites by a competent person. Secondary blasting shall not be done when 0.5 percent or more methane is present. 


</P>
</DIV8>

</DIV7>


<DIV9 N="Appendix I" NODE="30:1.0.1.8.30.20.211.78.9" TYPE="APPENDIX">
<HEAD>Appendix I to Subpart T of Part 57—Standard Applicability by Category or Subcategory
</HEAD>
<HD2>Subcategory I-A
</HD2>
<SCOL2>
<LI>57.22101</LI>
<LI>57.22103</LI>
<LI>57.22201</LI>
<LI>57.22202</LI>
<LI>57.22204</LI>
<LI>57.22205</LI>
<LI>57.22206</LI>
<LI>57.22207</LI>
<LI>57.22208</LI>
<LI>57.22211</LI>
<LI>57.22214</LI>
<LI>57.22215</LI>
<LI>57.22217</LI>
<LI>57.22220</LI>
<LI>57.22221</LI>
<LI>57.22222</LI>
<LI>57.22224</LI>
<LI>57.22227</LI>
<LI>57.22228</LI>
<LI>57.22229</LI>
<LI>57.22234</LI>
<LI>57.22237</LI>
<LI>57.22301</LI>
<LI>57.22302</LI>
<LI>57.22306</LI>
<LI>57.22401</LI>
<LI>57.22501</LI>
<LI>57.22601</LI>
<LI>57.22608
</LI></SCOL2>
<HD2>Subcategory I-B
</HD2>
<SCOL2>
<LI>57.22201</LI>
<LI>57.22202</LI>
<LI>57.22217</LI>
<LI>57.22222</LI>
<LI>57.22227</LI>
<LI>57.22231</LI>
<LI>57.22232</LI>
<LI>57.22234</LI>
<LI>57.22238</LI>
<LI>57.22401</LI>
<LI>57.22501
</LI></SCOL2>
<HD2>Subcategory I-C
</HD2>
<SCOL2>
<LI>57.22102</LI>
<LI>57.22104</LI>
<LI>57.22106</LI>
<LI>57.22201</LI>
<LI>57.22202</LI>
<LI>57.22203</LI>
<LI>57.22209</LI>
<LI>57.22210</LI>
<LI>57.22212</LI>
<LI>57.22216</LI>
<LI>57.22217</LI>
<LI>57.22222</LI>
<LI>57.22225</LI>
<LI>57.22227</LI>
<LI>57.22228</LI>
<LI>57.22233</LI>
<LI>57.22235</LI>
<LI>57.22241</LI>
<LI>57.22303</LI>
<LI>57.22310</LI>
<LI>57.22313</LI>
<LI>57.22501</LI>
<LI>57.22602
</LI></SCOL2>
<HD2>Subcategory II-A
</HD2>
<SCOL2>
<LI>57.22101</LI>
<LI>57.22103</LI>
<LI>57.22201</LI>
<LI>57.22202</LI>
<LI>57.22204</LI>
<LI>57.22205</LI>
<LI>57.22206</LI>
<LI>57.22207</LI>
<LI>57.22208</LI>
<LI>57.22212</LI>
<LI>57.22214</LI>
<LI>57.22215</LI>
<LI>57.22219</LI>
<LI>57.22220</LI>
<LI>57.22221</LI>
<LI>57.22222</LI>
<LI>57.22227</LI>
<LI>57.22228</LI>
<LI>57.22230</LI>
<LI>57.22232</LI>
<LI>57.22235</LI>
<LI>57.22301</LI>
<LI>57.22304</LI>
<LI>57.22307</LI>
<LI>57.22311</LI>
<LI>57.22312</LI>
<LI>57.22501</LI>
<LI>57.22603</LI>
<LI>57.22608
</LI></SCOL2>
<HD2>Subcategory II-B
</HD2>
<SCOL2>
<LI>57.22201</LI>
<LI>57.22227</LI>
<LI>57.22231</LI>
<LI>57.22232</LI>
<LI>57.22235</LI>
<LI>57.22238</LI>
<LI>57.22501</LI>
<LI>57.22604
</LI></SCOL2>
<HD2>Category III
</HD2>
<SCOL2>
<LI>57.22101</LI>
<LI>57.22103</LI>
<LI>57.22201</LI>
<LI>57.22202</LI>
<LI>57.22204</LI>
<LI>57.22205</LI>
<LI>57.22206</LI>
<LI>57.22207</LI>
<LI>57.22208</LI>
<LI>57.22213</LI>
<LI>57.22214</LI>
<LI>57.22215</LI>
<LI>57.22218</LI>
<LI>57.22220</LI>
<LI>57.22221</LI>
<LI>57.22222</LI>
<LI>57.22223</LI>
<LI>57.22224</LI>
<LI>57.22227</LI>
<LI>57.22228</LI>
<LI>57.22229</LI>
<LI>57.22234</LI>
<LI>57.22237</LI>
<LI>57.22305</LI>
<LI>57.22308</LI>
<LI>57.22501</LI>
<LI>57.22606</LI>
<LI>57.22607
</LI></SCOL2>
<HD2>Category IV
</HD2>
<SCOL2>
<LI>57.22105</LI>
<LI>57.22201</LI>
<LI>57.22226</LI>
<LI>57.22227</LI>
<LI>57.22232</LI>
<LI>57.22235</LI>
<LI>57.22239</LI>
<LI>57.22501
</LI></SCOL2>
<HD2>Subcategory V-A
</HD2>
<SCOL2>
<LI>57.22101</LI>
<LI>57.22103</LI>
<LI>57.22201</LI>
<LI>57.22202</LI>
<LI>57.22204</LI>
<LI>57.22205</LI>
<LI>57.22206</LI>
<LI>57.22207</LI>
<LI>57.22208</LI>
<LI>57.22212</LI>
<LI>57.22214</LI>
<LI>57.22215</LI>
<LI>57.22218</LI>
<LI>57.22220</LI>
<LI>57.22221</LI>
<LI>57.22222</LI>
<LI>57.22227</LI>
<LI>57.22228</LI>
<LI>57.22229</LI>
<LI>57.22234</LI>
<LI>57.22240</LI>
<LI>57.22301</LI>
<LI>57.22302</LI>
<LI>57.22309</LI>
<LI>57.22312</LI>
<LI>57.22314</LI>
<LI>57.22315</LI>
<LI>57.22501</LI>
<LI>57.22605</LI>
<LI>57.22608
</LI></SCOL2>
<HD2>Subcategory V-B
</HD2>
<SCOL2>
<LI>57.22201</LI>
<LI>57.22202</LI>
<LI>57.22218</LI>
<LI>57.22222</LI>
<LI>57.22227</LI>
<LI>57.22231</LI>
<LI>57.22232</LI>
<LI>57.22234</LI>
<LI>57.22238</LI>
<LI>57.22314</LI>
<LI>57.22501
</LI></SCOL2>
<HD2>Category VI
</HD2>
<SCOL2>
<LI>57.22231</LI>
<LI>57.22232</LI>
<LI>57.22236</LI>
<LI>57.22238




</LI></SCOL2>
</DIV9>

</DIV6>


<DIV6 N="U" NODE="30:1.0.1.8.30.21" TYPE="SUBPART">
<HEAD>Subpart U—Safety Program for Surface Mobile Equipment</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 87927, Dec. 20, 2023, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 57.23000" NODE="30:1.0.1.8.30.21.211.1" TYPE="SECTION">
<HEAD>§ 57.23000   Purpose and scope.</HEAD>
<P>This subpart requires operators to develop, implement, and update a written safety program for surface mobile equipment to reduce the number and rates of accidents, injuries, and fatalities. This subpart applies to surface mobile equipment at surface areas of underground metal and nonmetal mines. The purpose of this safety program is to promote and support a positive safety culture and improve miners' safety at the mine.




</P>
</DIV8>


<DIV8 N="§ 57.23001" NODE="30:1.0.1.8.30.21.211.2" TYPE="SECTION">
<HEAD>§ 57.23001   Definitions.</HEAD>
<P>The following definitions apply in this subpart—
</P>
<P><I>Responsible person</I> means a person with authority and responsibility to evaluate and update a written safety program for surface mobile equipment.
</P>
<P><I>Surface mobile equipment</I> means wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved, and any powered equipment that transports people, equipment, or materials, excluding belt conveyors, at surface areas of underground metal and nonmetal mines.




</P>
</DIV8>


<DIV8 N="§ 57.23002" NODE="30:1.0.1.8.30.21.211.3" TYPE="SECTION">
<HEAD>§ 57.23002   Written safety program.</HEAD>
<P>(a) Each operator shall develop and implement a written safety program for surface mobile equipment that contains the elements in this subpart, no later than July 17, 2024.
</P>
<P>(b) Each operator shall designate at least one responsible person to evaluate and update the written safety program, no later than July 17, 2024.




</P>
</DIV8>


<DIV8 N="§ 57.23003" NODE="30:1.0.1.8.30.21.211.4" TYPE="SECTION">
<HEAD>§ 57.23003   Requirements for written safety program.</HEAD>
<P>(a) The operator shall develop and implement a written safety program that includes actions the operator will take to:
</P>
<P>(1) Identify and analyze hazards and reduce the resulting risks related to the movement and the operation of surface mobile equipment;
</P>
<P>(2) Develop and maintain procedures and schedules for routine maintenance and non-routine repairs for surface mobile equipment;
</P>
<P>(3) Identify currently available and newly emerging feasible technologies that can enhance safety at the mine and evaluate whether to adopt them; and
</P>
<P>(4) Train miners and other persons at the mine necessary to perform work to identify and address or avoid hazards related to surface mobile equipment.
</P>
<P>(b) The responsible person shall evaluate and update the written safety program at least annually, or as mining conditions or practices change that may adversely affect the health and safety of miners or other persons, as accidents or injuries occur, or as surface mobile equipment changes or modifications are made.
</P>
<P>(c) The operator shall solicit input from miners and their representatives in developing and updating the written safety program.




</P>
</DIV8>


<DIV8 N="§ 57.23004" NODE="30:1.0.1.8.30.21.211.5" TYPE="SECTION">
<HEAD>§ 57.23004   Record and inspection.</HEAD>
<P>(a) The operator shall make the written safety program available for inspection by authorized representatives of the Secretary and provide a copy upon request.
</P>
<P>(b) The operator shall make the written safety program available for inspection by miners and their representatives and, at no cost, provide a copy upon request.




</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="58" NODE="30:1.0.1.8.31" TYPE="PART">
<HEAD>PART 58—HEALTH STANDARDS FOR METAL AND NONMETAL MINES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 957, 961. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>59 FR 8327, Feb. 18, 1994, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.8.31.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 58.1" NODE="30:1.0.1.8.31.1.211.1" TYPE="SECTION">
<HEAD>§ 58.1   Scope.</HEAD>
<P>The health standards in this part apply to all metal and nonmetal mines. 


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.8.31.2" TYPE="SUBPART">
<HEAD>Subparts B-D [Reserved]</HEAD>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.8.31.3" TYPE="SUBPART">
<HEAD>Subpart E—Miscellaneous</HEAD>


<DIV8 N="§ 58.610" NODE="30:1.0.1.8.31.3.211.1" TYPE="SECTION">
<HEAD>§ 58.610   Abrasive blasting.</HEAD>
<P>(a) <I>Surface and underground mines.</I> When an abrasive blasting operation is performed, all exposed miners shall use in accordance with 30 CFR 56.5005 or 57.5005 respirators approved for abrasive blasting by NIOSH under 42 CFR part 84, or the operation shall be performed in a totally enclosed device with the miner outside the device. 
</P>
<P>(b) <I>Underground areas of underground mines.</I> Silica sand or other materials containing more than 1 percent free silica shall not be used as an abrasive substance in abrasive blasting.
</P>
<CITA TYPE="N">[59 FR 8327, Feb. 18, 1994, as amended at 60 FR 30401, June 8, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 58.620" NODE="30:1.0.1.8.31.3.211.2" TYPE="SECTION">
<HEAD>§ 58.620   Drill dust control.</HEAD>
<P>Holes shall be collared and drilled wet, or other effective dust control measures shall be used, when drilling non-water-soluble material. Effective dust control measures shall be used when drilling water-soluble materials. 


</P>
</DIV8>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="L [RESERVED]   " NODE="30:1.0.1.9" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER L [RESERVED]


</HEAD>
</DIV4>


<DIV4 N="M" NODE="30:1.0.1.10" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER M—UNIFORM MINE HEALTH REGULATIONS




</HEAD>

<DIV5 N="60" NODE="30:1.0.1.10.32" TYPE="PART">
<HEAD>PART 60—RESPIRABLE CRYSTALLINE SILICA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 813(h) and 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 28470, Apr. 18, 2024, unless otherwise noted.




</PSPACE></SOURCE>

<DIV8 N="§ 60.1" NODE="30:1.0.1.10.32.0.211.1" TYPE="SECTION">
<HEAD>§ 60.1   Scope; compliance dates.</HEAD>
<P>(a) This part sets forth mandatory health standards for each surface and underground metal, nonmetal, and coal mine subject to the Federal Mine Safety and Health Act of 1977, as amended. Requirements regarding medical surveillance for metal and nonmetal mines are also included.
</P>
<P>(b) The compliance dates for the provisions of this part are as follows:
</P>
<P>(1) For coal mine operators, April 14, 2025.
</P>
<P>(2) For metal and nonmetal mine operators, April 8, 2026.




</P>
</DIV8>


<DIV8 N="§ 60.2" NODE="30:1.0.1.10.32.0.211.2" TYPE="SECTION">
<HEAD>§ 60.2   Definitions.</HEAD>
<P>The following definitions apply in this part:
</P>
<P><I>Action level</I> means an airborne concentration of respirable crystalline silica of 25 micrograms per cubic meter of air (µg/m
<SU>3</SU>) for a full-shift exposure, calculated as an 8-hour time-weighted average (TWA).
</P>
<P><I>Respirable crystalline silica</I> means quartz, cristobalite, and/or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle-size-selective samplers that conform to the International Organization for Standardization (ISO) 7708:1995: Air Quality—Particle Size Fraction Definitions for Health-Related Sampling.
</P>
<P><I>Specialist</I> means an American Board-Certified Specialist in Pulmonary Disease or an American Board-Certified Specialist in Occupational Medicine.




</P>
</DIV8>


<DIV8 N="§ 60.10" NODE="30:1.0.1.10.32.0.211.3" TYPE="SECTION">
<HEAD>§ 60.10   Permissible exposure limit (PEL).</HEAD>
<P>The mine operator shall ensure that no miner is exposed to an airborne concentration of respirable crystalline silica in excess of 50 µg/m
<SU>3</SU> for a full-shift exposure, calculated as an 8-hour TWA.




</P>
</DIV8>


<DIV8 N="§ 60.11" NODE="30:1.0.1.10.32.0.211.4" TYPE="SECTION">
<HEAD>§ 60.11   Methods of compliance.</HEAD>
<P>(a) The mine operator shall install, use, and maintain feasible engineering controls, supplemented by administrative controls when necessary, to keep each miner's exposure at or below the PEL, except as specified in § 60.14.
</P>
<P>(b) Rotation of miners shall not be considered an acceptable administrative control used for compliance with this part.




</P>
</DIV8>


<DIV8 N="§ 60.12" NODE="30:1.0.1.10.32.0.211.5" TYPE="SECTION">
<HEAD>§ 60.12   Exposure monitoring.</HEAD>
<P>(a) <I>Sampling.</I> (1) Mine operators shall commence sampling by the compliance date in § 60.1 to assess the full shift, 8-hour TWA exposure of respirable crystalline silica for each miner who is or may reasonably be expected to be exposed to respirable crystalline silica.
</P>
<P>(2) If the sampling under paragraph (a)(1) of this section is:
</P>
<P>(i) Below the action level, the mine operator shall take at least one additional sampling within 3 months.
</P>
<P>(ii) At or above the action level but at or below the PEL, the mine operator shall take another sampling within 3 months.
</P>
<P>(iii) Above the PEL, the mine operator shall take corrective actions and sample pursuant to § 60.12(b).
</P>
<P>(3) Where the most recent sampling indicates that miner exposures are at or above the action level but at or below the PEL, the mine operator shall continue to sample within 3 months of the previous sampling.
</P>
<P>(4) The mine operator may discontinue sampling when two consecutive samplings indicate that miner exposures are below the action level. The second of these samplings must be taken after the operator receives the results of the prior sampling but no sooner than 7 days after the prior sampling was conducted.
</P>
<P>(b) <I>Corrective actions sampling.</I> Where the most recent sampling indicates that miner exposures are above the PEL, the mine operator shall sample after corrective actions are taken pursuant to § 60.13 until the sampling indicates that miner exposures are at or below the PEL. The mine operator shall immediately report all operator samples above the PEL to the MSHA District Manager or to any other MSHA office designated by the District Manager.
</P>
<P>(c) <I>Periodic evaluation.</I> At least every 6 months after commencing sampling under 60.12(a)(1) or whenever there is a change in: production; processes; installation or maintenance of engineering controls; installation or maintenance of equipment; administrative controls; or geological conditions; mine operators shall evaluate whether the change may reasonably be expected to result in new or increased respirable crystalline silica exposures. Once the evaluation is completed, the mine operator shall:
</P>
<P>(1) Make a record of the evaluation, including the evaluated change, the impact on respirable crystalline silica exposure, and the date of the evaluation; and
</P>
<P>(2) Post the record on the mine bulletin board and, if applicable, by electronic means, for the next 31 days.
</P>
<P>(d) <I>Post-evaluation sampling.</I> If the mine operator determines as a result of the periodic evaluation under paragraph (c) of this section that miners may be exposed to respirable crystalline silica at or above the action level, the mine operator shall perform sampling to assess the full shift, 8-hour TWA exposure of respirable crystalline silica for each miner who is or may reasonably be expected to be at or above the action level.
</P>
<P>(e) <I>Sampling requirements.</I> (1) Sampling shall be performed for the duration of a miner's regular full shift and during typical mining activities, including shaft and slope sinking, construction, and removal of overburden.
</P>
<P>(2) The full-shift, 8-hour TWA exposure for such miners shall be measured based on:
</P>
<P>(i) Personal breathing-zone air samples for metal and nonmetal operations; or
</P>
<P>(ii) Occupational environmental samples collected in accordance with § 70.201(c), § 71.201(b), or § 90.201(b) of this chapter for coal operations.
</P>
<P>(3) Where several miners perform the same tasks on the same shift and in the same work area, the mine operator may sample a representative fraction (at least two) of these miners to meet the requirements in paragraphs (a) through (e) of this section. In sampling a representative fraction of miners, the mine operator shall select the miners who are expected to have the highest exposure to respirable crystalline silica.
</P>
<P>(4) The mine operator shall use respirable-particle-size-selective samplers that conform to ISO 7708:1995(E) to determine compliance with the PEL. ISO 7708:1995(E), <I>Air quality—Particle size fraction definitions for health-related sampling,</I> First Edition, 1995-04-01, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; (202) 693-9440; or any Mine Safety and Health Enforcement District Office. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email <I>fr.inspection@nara.gov.</I> The material may be obtained from the International Organization for Standardization (ISO), CP 56, CH-1211 Geneva 20, Switzerland; phone: + 41 22 749 01 11; fax: + 41 22 733 34 30; website: <I>www.iso.org.</I>
</P>
<P>(f) <I>Methods of sample analysis.</I> (1) The mine operator shall use a laboratory that is accredited to ISO/IEC 17025 “General requirements for the competence of testing and calibration laboratories” with respect to respirable crystalline silica analyses, where the accreditation has been issued by a body that is compliant with ISO/IEC 17011 “Conformity assessment—Requirements for accreditation bodies accrediting conformity assessment bodies.”
</P>
<P>(2) The mine operator shall ensure that the laboratory evaluates all samples using respirable crystalline silica analytical methods specified by MSHA, the National Institute for Occupational Safety and Health (NIOSH), or the Occupational Safety and Health Administration (OSHA).
</P>
<P>(g) <I>Sampling records.</I> For each sample taken pursuant to paragraphs (a) through (e) of this section, the mine operator shall make a record of the sample date, the occupations sampled, and the concentrations of respirable crystalline silica and respirable dust and post the record and the laboratory report on the mine bulletin board and, if applicable, by electronic means, for the next 31 days, upon receipt.
</P>
<CITA TYPE="N">[89 FR 28470, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 60.13" NODE="30:1.0.1.10.32.0.211.6" TYPE="SECTION">
<HEAD>§ 60.13   Corrective actions.</HEAD>
<P>(a) If any sampling indicates that a miner's exposure exceeds the PEL, the mine operator shall:
</P>
<P>(1) Make approved respirators available to affected miners before the start of the next work shift in accordance with § 60.14(b) and (c);
</P>
<P>(2) Ensure that affected miners wear respirators properly for the full shift or during the period of overexposure until miner exposures are at or below the PEL; and
</P>
<P>(3) Immediately take corrective actions to lower the concentration of respirable crystalline silica to at or below the PEL.
</P>
<P>(b) Once corrective actions have been taken, the mine operator shall:
</P>
<P>(1) Conduct sampling pursuant to § 60.12(b); and
</P>
<P>(2) Take additional or new corrective actions until sampling indicates miner exposures are at or below the PEL.
</P>
<P>(c) The mine operator shall make a record of corrective actions and the dates of the corrective actions under paragraph (a) of this section.




</P>
</DIV8>


<DIV8 N="§ 60.14" NODE="30:1.0.1.10.32.0.211.7" TYPE="SECTION">
<HEAD>§ 60.14   Respiratory protection.</HEAD>
<P>(a) <I>Temporary use of respirators at metal and nonmetal mines.</I> The metal and nonmetal mine operator shall use respiratory protection as a temporary measure in accordance with paragraph (c) of this section when miners must work in concentrations of respirable crystalline silica above the PEL while:
</P>
<P>(1) Engineering control measures are being developed and implemented; or
</P>
<P>(2) It is necessary by the nature of work involved (for example, occasional entry into hazardous atmospheres to perform maintenance or investigation).
</P>
<P>(b) <I>Miners unable to wear respirators at all mines.</I> Upon written determination by a physician or other licensed health care professional (PLHCP) that an affected miner is unable to wear a respirator, the miner shall be temporarily transferred either to work in a separate area of the same mine or to an occupation at the same mine where respiratory protection is not required.
</P>
<P>(1) The affected miner shall continue to receive compensation at no less than the regular rate of pay in the occupation held by that miner immediately prior to the transfer.
</P>
<P>(2) The affected miner may be transferred back to the miner's initial work area or occupation when temporary use of respirators under paragraph (a) of this section or section 60.13 is no longer required.
</P>
<P>(c) <I>Respiratory protection requirements at all mines.</I> (1) Affected miners shall be provided with a NIOSH-approved atmosphere-supplying respirator or NIOSH-approved air-purifying respirator equipped with the following:
</P>
<P>(i) Particulate protection classified as 100 series under 42 CFR part 84; or
</P>
<P>(ii) Particulate protection classified as High Efficiency “HE” under 42 CFR part 84.
</P>
<P>(2) When approved respirators are used, the mine operator must have a written respiratory protection program that meets the following requirements in accordance with ASTM F3387-19: program administration; written standard operating procedures; medical evaluation; respirator selection; training; fit testing; maintenance, inspection, and storage. ASTM F3387-19, <I>Standard Practice for Respiratory Protection,</I> approved August 1, 2019, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; (202) 693-9440; or any Mine Safety and Health Enforcement District Office. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email <I>fr.inspection@nara.gov.</I> The material may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; <I>www.astm.org.</I>
</P>
<CITA TYPE="N">[89 FR 28470, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]




</CITA>
</DIV8>


<DIV8 N="§ 60.15" NODE="30:1.0.1.10.32.0.211.8" TYPE="SECTION">
<HEAD>§ 60.15   Medical surveillance for metal and nonmetal mines.</HEAD>
<P>(a) <I>Medical surveillance.</I> Each operator of a metal and nonmetal mine shall provide to each miner periodic medical examinations performed by a physician or other licensed health care professional (PLHCP) or specialist, as defined in § 60.2, at no cost to the miner.
</P>
<P>(1) Medical examinations shall be provided at frequencies specified in this section.
</P>
<P>(2) Medical examinations shall include:
</P>
<P>(i) A medical and work history, with emphasis on: past and present exposure to respirable crystalline silica, dust, and other agents affecting the respiratory system; any history of respiratory system dysfunction, including diagnoses and symptoms of respiratory disease (<I>e.g.,</I> shortness of breath, cough, wheezing); history of tuberculosis; and smoking status and history;
</P>
<P>(ii) A physical examination with special emphasis on the respiratory system;
</P>
<P>(iii) A chest X-ray (a single posteroanterior radiographic projection or radiograph of the chest at full inspiration recorded on either film (no less than 14 x 17 inches and no more than 16 x 17 inches) or digital radiography systems), classified according to the International Labour Office (ILO) International Classification of Radiographs of Pneumoconioses by a NIOSH-certified B Reader; and
</P>
<P>(iv) A pulmonary function test to include forced vital capacity (FVC) and forced expiratory volume in one second (FEV<E T="52">1</E>) and FEV<E T="52">1</E>/FVC ratio, administered by a spirometry technician with a current certificate from a NIOSH-approved Spirometry Program Sponsor or by a pulmonary function technologist with a current credential from the National Board for Respiratory Care.
</P>
<P>(b) <I>Voluntary medical examinations.</I> Each mine operator shall provide the opportunity to all miners employed at the mine to have the medical examinations specified in paragraph (a) of this section as follows:
</P>
<P>(1) During an initial 12-month period; and
</P>
<P>(2) At least every 5 years after the end of the period in paragraph (b)(1). The medical examinations shall be available during a 6-month period that begins no less than 3.5 years and not more than 4.5 years from the end of the last 6-month period.
</P>
<P>(c) <I>Mandatory medical examinations.</I> For each miner who begins work in the mining industry for the first time, the mine operator shall provide medical examinations specified in paragraph (a) of this section as follows:
</P>
<P>(1) An initial medical examination no later than 60 days after beginning employment;
</P>
<P>(2) A follow-up medical examination no later than 3 years after the initial examination in paragraph (c)(1) of this section; and
</P>
<P>(3) A follow-up medical examination conducted by a specialist no later than 2 years after the examinations in paragraph (c)(2) of this section if the chest X-ray shows evidence of pneumoconiosis or the spirometry examination indicates evidence of decreased lung function.
</P>
<P>(d) <I>Medical examinations results.</I> (1) The mine operator shall ensure that the results of medical examinations or tests made pursuant to this section shall be provided from the PLHCP or specialist within 30 days of the medical examination to the miner, and at the request of the miner, to the miner's designated physician or another designee identified by the miner.
</P>
<P>(2) The mine operator shall ensure that, within 30 days of the medical examination, the PLHCP or specialist provides the results of chest X-ray classifications to the National Institute for Occupational Safety and Health (NIOSH), once NIOSH establishes a reporting system.
</P>
<P>(e) <I>Written medical opinion.</I> The mine operator shall obtain a written medical opinion from the PLHCP or specialist within 30 days of the medical examination. The written opinion shall contain only the following:
</P>
<P>(1) The date of the medical examination;
</P>
<P>(2) A statement that the examination has met the requirements of this section; and
</P>
<P>(3) Any recommended limitations on the miner's use of respirators.
</P>
<P>(f) <I>Written medical opinion records.</I> The mine operator shall maintain a record of the written medical opinions received from the PLHCP or specialist under paragraph (e) of this section.




</P>
</DIV8>


<DIV8 N="§ 60.16" NODE="30:1.0.1.10.32.0.211.9" TYPE="SECTION">
<HEAD>§ 60.16   Recordkeeping requirements.</HEAD>
<P>(a) Table 1 to this paragraph (a) lists the records the mine operator shall retain and their retention period.
</P>
<P>(1) Evaluation records made under § 60.12(c) shall be retained for at least 5 years from the date of each evaluation.
</P>
<P>(2) Sampling records made under § 60.12(g) shall be retained for at least 5 years from the sample date.
</P>
<P>(3) Corrective actions records made under § 60.13(c) shall be retained for at least 5 years from the date of each corrective action. These records must be stored with the records of related sampling under § 60.12(g).
</P>
<P>(4) Written determination records received from a PLHCP under § 60.14(b) shall be retained for the duration of the miner's employment plus 6 months.
</P>
<P>(5) Written medical opinion records received from a PLHCP or specialist under § 60.15(f) shall be retained for the duration of the miner's employment plus 6 months.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1 to Paragraph (<E T="01">a</E>)—Recordkeeping Requirements
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Record
</TH><TH class="gpotbl_colhed" scope="col">Section
<br/>references
</TH><TH class="gpotbl_colhed" scope="col">Retention period
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1. Evaluation records</TD><TD align="right" class="gpotbl_cell">§ 60.12(c)</TD><TD align="left" class="gpotbl_cell">At least 5 years from date of each evaluation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2. Sampling records</TD><TD align="right" class="gpotbl_cell">§ 60.12(g)</TD><TD align="left" class="gpotbl_cell">At least 5 years from sample date.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3. Corrective actions records</TD><TD align="right" class="gpotbl_cell">§ 60.13(c)</TD><TD align="left" class="gpotbl_cell">At least 5 years from date of each corrective action.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4. Written determination records received from a PLHCP</TD><TD align="right" class="gpotbl_cell">§ 60.14(b)</TD><TD align="left" class="gpotbl_cell">Duration of miner's employment plus 6 months.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5. Written medical opinion records received from a PLHCP or specialist</TD><TD align="right" class="gpotbl_cell">§ 60.15(f)</TD><TD align="left" class="gpotbl_cell">Duration of miner's employment plus 6 months.</TD></TR></TABLE></DIV></DIV>
<P>(b) Upon request from an authorized representative of the Secretary, from an authorized representative of miners, or from miners, mine operators shall promptly provide access to any record listed in this section.




</P>
</DIV8>


<DIV8 N="§ 60.17" NODE="30:1.0.1.10.32.0.211.10" TYPE="SECTION">
<HEAD>§ 60.17   Severability.</HEAD>
<P>Each section of this part, as well as sections in 30 CFR parts 56, 57, 70, 71, 72, 75, and 90 that address respirable crystalline silica or respiratory protection, is separate and severable from the other sections and provisions. If any provision of this subpart is held to be invalid or unenforceable by its terms, or as applied to any person, entity, or circumstance, or is stayed or enjoined, that provision shall be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event the provision shall be severable from these sections and shall not affect the remainder thereof.






</P>
</DIV8>

</DIV5>


<DIV5 N="62" NODE="30:1.0.1.10.33" TYPE="PART">
<HEAD>PART 62—OCCUPATIONAL NOISE EXPOSURE
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>64 FR 49630, Sept. 13, 1999, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 62.100" NODE="30:1.0.1.10.33.0.211.1" TYPE="SECTION">
<HEAD>§ 62.100   Purpose and scope; effective date.</HEAD>
<P>The purpose of these standards is to prevent the occurrence and reduce the progression of occupational noise-induced hearing loss among miners. This part sets forth mandatory health standards for each surface and underground metal, nonmetal, and coal mine subject to the Federal Mine Safety and Health Act of 1977. The provisions of this part become effective September 13, 2000.


</P>
</DIV8>


<DIV8 N="§ 62.101" NODE="30:1.0.1.10.33.0.211.2" TYPE="SECTION">
<HEAD>§ 62.101   Definitions.</HEAD>
<P>The following definitions apply in this part:
</P>
<P><I>Access.</I> The right to examine and copy records.
</P>
<P><I>Action level.</I> An 8-hour time-weighted average sound level (TWA<E T="52">8</E>) of 85 dBA, or equivalently a dose of 50%, integrating all sound levels from 80 dBA to at least 130 dBA.
</P>
<P><I>Audiologist.</I> A professional, specializing in the study and rehabilitation of hearing, who is certified by the American Speech-Language-Hearing Association (ASHA) or licensed by a state board of examiners.
</P>
<P><I>Baseline audiogram.</I> The audiogram recorded in accordance with § 62.170(a) of this part against which subsequent audiograms are compared to determine the extent of hearing loss.
</P>
<P><I>Criterion level.</I> The sound level which if constantly applied for 8 hours results in a dose of 100% of that permitted by the standard.
</P>
<P><I>Decibel (dB).</I> A unit of measure of sound pressure levels, defined in one of two ways, depending upon the use:
</P>
<P>(1) For measuring sound pressure levels, the decibel is 20 times the common logarithm of the ratio of the measured sound pressure to the standard reference sound pressure of 20 micropascals (µPa), which is the threshold of normal hearing sensitivity at 1000 Hertz (Hz).
</P>
<P>(2) For measuring hearing threshold levels, the decibel is the difference between audiometric zero (reference pressure equal to 0 hearing threshold level) and the threshold of hearing of the individual being tested at each test frequency.
</P>
<P><I>Dual Hearing Protection Level.</I> A TWA<E T="52">8</E> of 105 dBA, or equivalently, a dose of 800% of that permitted by the standard, integrating all sound levels from 90 dBA to at least 140 dBA.
</P>
<P><I>Exchange rate.</I> The amount of increase in sound level, in decibels, which would require halving of the allowable exposure time to maintain the same noise dose. For the purposes of this part, the exchange rate is 5 decibels (5 dB).
</P>
<P><I>Hearing protector.</I> Any device or material, capable of being worn on the head or in the ear canal, sold wholly or in part on the basis of its ability to reduce the level of sound entering the ear, and which has a scientifically accepted indicator of noise reduction value.
</P>
<P><I>Hertz (Hz).</I> Unit of measurement of frequency numerically equal to cycles per second.
</P>
<P><I>Medical pathology.</I> A condition or disease affecting the ear.
</P>
<P><I>Miner's designee.</I> Any individual or organization to whom a miner gives written authorization to exercise a right of access to records.
</P>
<P><I>Qualified technician.</I> A technician who has been certified by the Council for Accreditation in Occupational Hearing Conservation (CAOHC), or by another recognized organization offering equivalent certification.
</P>
<P><I>Permissible exposure level.</I> A TWA<E T="52">8</E> of 90 dBA or equivalently a dose of 100% of that permitted by the standard, integrating all sound levels from 90 dBA to at least 140 dBA.
</P>
<P><I>Reportable hearing loss.</I> A change in hearing sensitivity for the worse, relative to the miner's baseline audiogram, or the miner's revised baseline audiogram where one has been established in accordance with § 62.170(c)(2), of an average of 25 dB or more at 2000, 3000, and 4000 Hz in either ear.
</P>
<P><I>Revised baseline audiogram.</I> An annual audiogram designated to be used in lieu of a miner's original baseline audiogram in measuring changes in hearing sensitivity as a result of the circumstances set forth in §§ 62.170(c)(1) or 62.170(c)(2) of this part.
</P>
<P><I>Sound level.</I> The sound pressure level in decibels measured using the A-weighting network and a slow response, expressed in the unit dBA.
</P>
<P><I>Standard threshold shift.</I> A change in hearing sensitivity for the worse relative to the miner's baseline audiogram, or relative to the most recent revised baseline audiogram where one has been established, of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear.
</P>
<P><I>Time-weighted average-8 hour</I> (TWA<E T="54">8</E>). The sound level which, if constant over 8 hours, would result in the same noise dose as is measured.


</P>
</DIV8>


<DIV8 N="§ 62.110" NODE="30:1.0.1.10.33.0.211.3" TYPE="SECTION">
<HEAD>§ 62.110   Noise exposure assessment.</HEAD>
<P>(a) The mine operator must establish a system of monitoring that evaluates each miner's noise exposure sufficiently to determine continuing compliance with this part.
</P>
<P>(b) The mine operator must determine a miner's noise dose (D, in percent) by using a noise dosimeter or by computing the formula: D = 100(C<E T="52">1</E>/T<E T="52">1</E> + C<E T="52">2</E>/T<E T="52">2</E> + . . . . + C<E T="52">n</E>/T<E T="52">n</E>), where Cn is the total time the miner is exposed at a specified sound level, and T<E T="52">n</E> is the reference duration of exposure at that sound level shown in Table 62-1.
</P>
<P>(1) The mine operator must use Table 62-2 when converting from dose readings to equivalent TWA<E T="52">8</E> readings.
</P>
<P>(2) A miner's noise dose determination must:
</P>
<P>(i) Be made without adjustment for the use of any hearing protector;
</P>
<P>(ii) Integrate all sound levels over the appropriate range;
</P>
<P>(iii) Reflect the miner's full work shift;
</P>
<P>(iv) Use a 90-dB criterion level and a 5-dB exchange rate; and
</P>
<P>(v) Use the A-weighting and slow response instrument settings.
</P>
<P>(c) <I>Observation of monitoring.</I> The mine operator must provide affected miners and their representatives with an opportunity to observe noise exposure monitoring required by this section and must give prior notice of the date and time of intended exposure monitoring to affected miners and their representatives.
</P>
<P>(d) <I>Miner notification.</I> The mine operator must notify a miner of his or her exposure when the miner's exposure is determined to equal or exceed the action level, exceed the permissible exposure level, or exceed the dual hearing protection level, provided the mine operator has not notified the miner of an exposure at such level within the prior 12 months. The mine operator must base the notification on an exposure evaluation conducted either by the mine operator or by an authorized representative of the Secretary of Labor. The mine operator must notify the miner in writing within 15 calendar days of:
</P>
<P>(1) The exposure determination; and (2) the corrective action being taken.
</P>
<P>(e) The mine operator must maintain a copy of any such miner notification, or a list on which the relevant information about that miner's notice is recorded, for the duration of the affected miner's exposure at or above the action level and for at least 6 months thereafter.


</P>
</DIV8>


<DIV8 N="§ 62.120" NODE="30:1.0.1.10.33.0.211.4" TYPE="SECTION">
<HEAD>§ 62.120   Action level.</HEAD>
<P>If during any work shift a miner's noise exposure equals or exceeds the action level the mine operator must enroll the miner in a hearing conservation program that complies with § 62.150 of this part.


</P>
</DIV8>


<DIV8 N="§ 62.130" NODE="30:1.0.1.10.33.0.211.5" TYPE="SECTION">
<HEAD>§ 62.130   Permissible exposure level.</HEAD>
<P>(a) The mine operator must assure that no miner is exposed during any work shift to noise that exceeds the permissible exposure level. If during any work shift a miner's noise exposure exceeds the permissible exposure level, the mine operator must use all feasible engineering and administrative controls to reduce the miner's noise exposure to the permissible exposure level, and enroll the miner in a hearing conservation program that complies with § 62.150 of this part. When a mine operator uses administrative controls to reduce a miner's exposure, the mine operator must post the procedures for such controls on the mine bulletin board and provide a copy to the affected miner.
</P>
<P>(b) If a miner's noise exposure continues to exceed the permissible exposure level despite the use of all feasible engineering and administrative controls, the mine operator must continue to use the engineering and administrative controls to reduce the miner's noise exposure to as low a level as is feasible.
</P>
<P>(c) The mine operator must assure that no miner is exposed at any time to sound levels exceeding 115 dBA, as determined without adjustment for the use of any hearing protector.


</P>
</DIV8>


<DIV8 N="§ 62.140" NODE="30:1.0.1.10.33.0.211.6" TYPE="SECTION">
<HEAD>§ 62.140   Dual hearing protection level.</HEAD>
<P>If during any work shift a miner's noise exposure exceeds the dual hearing protection level, the mine operator must, in addition to the actions required for noise exposures that exceed the permissible exposure level, provide and ensure the concurrent use of both an ear plug and an ear muff type hearing protector. The following table sets out mine operator actions under MSHA's noise standard.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Provision
</TH><TH class="gpotbl_colhed" scope="col">Condition
</TH><TH class="gpotbl_colhed" scope="col">Action required by the mine operator
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 62.120</TD><TD align="left" class="gpotbl_cell">Miner's noise exposure is less than the action level</TD><TD align="left" class="gpotbl_cell">None.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 62.120</TD><TD align="left" class="gpotbl_cell">Miner's exposure equals or exceeds the action level, but does not exceed the permissible exposure level (PEL)</TD><TD align="left" class="gpotbl_cell">Operator enrolls the miner in hearing conservation program (HCP) which includes (1) a system of monitoring, (2) voluntary, with two exceptions, use of operator-provided hearing protectors, (3) voluntary audiometric testing, (4) training, and (5) record keeping.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 62.130</TD><TD align="left" class="gpotbl_cell">Miner's exposure exceeds the PEL</TD><TD align="left" class="gpotbl_cell">Operator uses/continues to use all feasible engineering and administrative controls to reduce exposure to PEL; enrolls the miner in a HCP including ensured use of operator-provided hearing protectors; posts administrative controls and provides copy to affected miner; must never permit a miner to be exposed to sound levels exceeding 115 dBA.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">§ 62.140</TD><TD align="left" class="gpotbl_cell">Miner's exposure exceeds the dual hearing protection level</TD><TD align="left" class="gpotbl_cell">Operator enrolls the miner in a HCP, continues to meet all the requirements of § 62.130, ensures concurrent use of earplug and earmuff.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 62.150" NODE="30:1.0.1.10.33.0.211.7" TYPE="SECTION">
<HEAD>§ 62.150   Hearing conservation program.</HEAD>
<P>A hearing conservation program established under this part must include:
</P>
<P>(a) A system of monitoring under § 62.110 of this part;
</P>
<P>(b) The provision and use of hearing protectors under § 62.160 of this part;
</P>
<P>(c) Audiometric testing under §§ 62.170 through 62.175 of this part;
</P>
<P>(d) Training under § 62.180 of this part; and
</P>
<P>(e) Recordkeeping under § 62.190 of this part.


</P>
</DIV8>


<DIV8 N="§ 62.160" NODE="30:1.0.1.10.33.0.211.8" TYPE="SECTION">
<HEAD>§ 62.160   Hearing protectors.</HEAD>
<P>(a) A mine operator must provide a hearing protector to a miner whose noise exposure equals or exceeds the action level under § 62.120 of this part. In addition, the mine operator must:
</P>
<P>(1) Train the miner in accordance with § 62.180 of this part;
</P>
<P>(2) Allow the miner to choose a hearing protector from at least two muff types and two plug types, and in the event dual hearing protectors are required, to choose one of each type;
</P>
<P>(3) Ensure that the hearing protector is in good condition and is fitted and maintained in accordance with the manufacturer's instructions;
</P>
<P>(4) Provide the hearing protector and necessary replacements at no cost to the miner; and
</P>
<P>(5) Allow the miner to choose a different hearing protector(s), if wearing the selected hearing protector(s) is subsequently precluded due to medical pathology of the ear.
</P>
<P>(b) The mine operator must ensure, after satisfying the requirements of paragraph (a) of this section, that a miner wears a hearing protector whenever the miner's noise exposure exceeds the permissible exposure level before the implementation of engineering and administrative controls, or if the miner's noise exposure continues to exceed the permissible exposure level despite the use of all feasible engineering and administrative controls.
</P>
<P>(c) The mine operator must ensure, after satisfying the requirements of paragraph (a) of this section, that a miner wears a hearing protector when the miner's noise exposure is at or above the action level, if:
</P>
<P>(1) The miner has incurred a standard threshold shift; or
</P>
<P>(2) More than 6 months will pass before the miner can take a baseline audiogram.


</P>
</DIV8>


<DIV8 N="§ 62.170" NODE="30:1.0.1.10.33.0.211.9" TYPE="SECTION">
<HEAD>§ 62.170   Audiometric testing.</HEAD>
<P>The mine operator must provide audiometric tests to satisfy the requirements of this part at no cost to the miner. A physician or an audiologist, or a qualified technician under the direction or supervision of a physician or an audiologist must conduct the tests.
</P>
<P>(a) <I>Baseline audiogram.</I> The mine operator must offer miners the opportunity for audiometric testing of the miner's hearing sensitivity for the purpose of establishing a valid baseline audiogram to compare with subsequent annual audiograms. The mine operator may use an existing audiogram of the miner's hearing sensitivity as the baseline audiogram if it meets the audiometric testing requirements of § 62.171 of this part.
</P>
<P>(1) The mine operator must offer and provide within 6 months of enrolling the miner in a hearing conservation program, audiometric testing which results in a valid baseline audiogram, or offer and provide the testing within 12 months where the operator uses mobile test vans to do the testing.
</P>
<P>(2) The mine operator must notify the miner to avoid high levels of noise for at least 14 hours immediately preceding the baseline audiogram. The mine operator must not expose the miner to workplace noise for the 14-hour quiet period before conducting the audiometric testing to determine a baseline audiogram. The operator may substitute the use of hearing protectors for this quiet period.
</P>
<P>(3) The mine operator must not establish a new baseline audiogram or a new revised baseline audiogram, where one has been established, due to changes in enrollment status in the hearing conservation program. The mine operator may establish a new baseline or revised baseline audiogram for a miner who is away from the mine for more than 6 consecutive months.
</P>
<P>(b) <I>Annual audiogram.</I> After the baseline audiogram is established, the mine operator must continue to offer subsequent audiometric tests at intervals not exceeding 12 months for as long as the miner remains in the hearing conservation program.
</P>
<P>(c) <I>Revised baseline audiogram.</I> An annual audiogram must be deemed to be a revised baseline audiogram when, in the judgment of the physician or audiologist:
</P>
<P>(1) A standard threshold shift revealed by the audiogram is permanent; or (2) The hearing threshold shown in the annual audiogram indicates significant improvement over the baseline audiogram.


</P>
</DIV8>


<DIV8 N="§ 62.171" NODE="30:1.0.1.10.33.0.211.10" TYPE="SECTION">
<HEAD>§ 62.171   Audiometric test procedures.</HEAD>
<P>(a) All audiometric testing under this part must be conducted in accordance with scientifically validated procedures. Audiometric tests must be pure tone, air conduction, hearing threshold examinations, with test frequencies including 500, 1000, 2000, 3000, 4000, and 6000 Hz. Each ear must be tested separately.
</P>
<P>(b) The mine operator must compile an audiometric test record for each miner tested. The record must include:
</P>
<P>(1) Name and job classification of the miner tested;
</P>
<P>(2) A copy of all of the miner's audiograms conducted under this part;
</P>
<P>(3) Evidence that the audiograms were conducted in accordance with paragraph (a) of this section;
</P>
<P>(4) Any exposure determination for the miner conducted in accordance with § 62.110 of this part; and
</P>
<P>(5) The results of follow-up examination(s), if any.
</P>
<P>(c) The operator must maintain audiometric test records for the duration of the affected miner's employment, plus at least 6 months, and make the records available for inspection by an authorized representative of the Secretary of Labor.


</P>
</DIV8>


<DIV8 N="§ 62.172" NODE="30:1.0.1.10.33.0.211.11" TYPE="SECTION">
<HEAD>§ 62.172   Evaluation of audiograms.</HEAD>
<P>(a) The mine operator must:
</P>
<P>(1) Inform persons evaluating audiograms of the requirements of this part and provide those persons with a copy of the miner's audiometric test records;
</P>
<P>(2) Have a physician or an audiologist, or a qualified technician who is under the direction or supervision of a physician or audiologist:
</P>
<P>(i) Determine if the audiogram is valid; and
</P>
<P>(ii) Determine if a standard threshold shift or a reportable hearing loss, as defined in this part, has occurred.
</P>
<P>(3) Instruct the physician, audiologist, or qualified technician not to reveal to the mine operator, without the written consent of the miner, any specific findings or diagnoses unrelated to the miner's hearing loss due to occupational noise or the wearing of hearing protectors; and
</P>
<P>(4) Obtain the results and the interpretation of the results of audiograms conducted under this part within 30 calendar days of conducting the audiogram.
</P>
<P>(b)(1) The mine operator must provide an audiometric retest within 30 calendar days of receiving a determination that an audiogram is invalid, provided any medical pathology has improved to the point that a valid audiogram may be obtained.
</P>
<P>(2) If an annual audiogram demonstrates that the miner has incurred a standard threshold shift or reportable hearing loss, the mine operator may provide one retest within 30 calendar days of receiving the results of the audiogram and may use the results of the retest as the annual audiogram.
</P>
<P>(c) In determining whether a standard threshold shift or reportable hearing loss has occurred, allowance may be made for the contribution of aging (presbycusis) to the change in hearing level. The baseline, or the revised baseline as appropriate, and the annual audiograms used in making the determination should be adjusted according to the following procedure:
</P>
<P>(1) Determine from Tables 62-3 or 62-4 the age correction values for the miner by:
</P>
<P>(i) Finding the age at which the baseline audiogram or revised baseline audiogram, as appropriate, was taken, and recording the corresponding values of age corrections at 2000, 3000, and 4000 Hz;
</P>
<P>(ii) Finding the age at which the most recent annual audiogram was obtained and recording the corresponding values of age corrections at 2000, 3000, and 4000 Hz; and
</P>
<P>(iii) Subtracting the values determined in paragraph (c)(1)(i) of this section from the values determined in paragraph (c)(1)(ii) of this section. The differences calculated represent that portion of the change in hearing that may be due to aging.
</P>
<P>(2) Subtract the values determined in paragraph (c)(1)(iii) of this section from the hearing threshold levels found in the annual audiogram to obtain the adjusted annual audiogram hearing threshold levels.
</P>
<P>(3) Subtract the hearing threshold levels in the baseline audiogram or revised baseline audiogram from the adjusted annual audiogram hearing threshold levels determined in paragraph (c)(2) of this section to obtain the age-corrected threshold shifts.


</P>
</DIV8>


<DIV8 N="§ 62.173" NODE="30:1.0.1.10.33.0.211.12" TYPE="SECTION">
<HEAD>§ 62.173   Follow-up evaluation when an audiogram is invalid.</HEAD>
<P>(a) If a valid audiogram cannot be obtained due to a suspected medical pathology of the ear that the physician or audiologist believes was caused or aggravated by the miner's occupational exposure to noise or the wearing of hearing protectors, the mine operator must refer the miner for a clinical-audiological evaluation or an otological examination, as appropriate, at no cost to the miner.
</P>
<P>(b) If a valid audiogram cannot be obtained due to a suspected medical pathology of the ear that the physician or audiologist concludes is unrelated to the miner's occupational exposure to noise or the wearing of hearing protectors, the mine operator must instruct the physician or audiologist to inform the miner of the need for an otological examination.
</P>
<P>(c) The mine operator must instruct the physician, audiologist, or qualified technician not to reveal to the mine operator, without the written consent of the miner, any specific findings or diagnoses unrelated to the miner's occupational exposure to noise or the wearing of hearing protectors.


</P>
</DIV8>


<DIV8 N="§ 62.174" NODE="30:1.0.1.10.33.0.211.13" TYPE="SECTION">
<HEAD>§ 62.174   Follow-up corrective measures when a standard threshold shift is detected.</HEAD>
<P>The mine operator must, within 30 calendar days of receiving evidence or confirmation of a standard threshold shift, unless a physician or audiologist determines the standard threshold shift is neither work-related nor aggravated by occupational noise exposure:
</P>
<P>(a) Retrain the miner, including the instruction required by § 62.180 of this part;
</P>
<P>(b) Provide the miner with the opportunity to select a hearing protector, or a different hearing protector if the miner has previously selected a hearing protector, from among those offered by the mine operator in accordance with § 62.160 of this part; and
</P>
<P>(c) Review the effectiveness of any engineering and administrative controls to identify and correct any deficiencies.


</P>
</DIV8>


<DIV8 N="§ 62.175" NODE="30:1.0.1.10.33.0.211.14" TYPE="SECTION">
<HEAD>§ 62.175   Notification of results; reporting requirements.</HEAD>
<P>(a) The mine operator must, within 10 working days of receiving the results of an audiogram, or receiving the results of a follow-up evaluation required under § 62.173 of this part, notify the miner in writing of:
</P>
<P>(1) The results and interpretation of the audiometric test, including any finding of a standard threshold shift or reportable hearing loss; and
</P>
<P>(2) The need and reasons for any further testing or evaluation, if applicable.
</P>
<P>(b) When evaluation of the audiogram shows that a miner has incurred a reportable hearing loss as defined in this part, the mine operator must report such loss to MSHA as a noise-induced hearing loss in accordance with part 50 of this title, unless a physician or audiologist has determined that the loss is neither work-related nor aggravated by occupational noise exposure.


</P>
</DIV8>


<DIV8 N="§ 62.180" NODE="30:1.0.1.10.33.0.211.15" TYPE="SECTION">
<HEAD>§ 62.180   Training.</HEAD>
<P>(a) The mine operator must, within 30 days of a miner's enrollment into a hearing conservation program, provide the miner with training. The mine operator must give training every 12 months thereafter if the miner's noise exposure continues to equal or exceed the action level. Training must include:
</P>
<P>(1) The effects of noise on hearing;
</P>
<P>(2) The purpose and value of wearing hearing protectors;
</P>
<P>(3) The advantages and disadvantages of the hearing protectors to be offered;
</P>
<P>(4) The various types of hearing protectors offered by the mine operator and the care, fitting, and use of each type;
</P>
<P>(5) The general requirements of this part;
</P>
<P>(6) The mine operator's and miner's respective tasks in maintaining mine noise controls; and
</P>
<P>(7) The purpose and value of audiometric testing and a summary of the procedures.
</P>
<P>(b) The mine operator must certify the date and type of training given each miner, and maintain the miner's most recent certification for as long as the miner is enrolled in the hearing conservation program and for at least 6 months thereafter.


</P>
</DIV8>


<DIV8 N="§ 62.190" NODE="30:1.0.1.10.33.0.211.16" TYPE="SECTION">
<HEAD>§ 62.190   Records.</HEAD>
<P>(a) The authorized representatives of the Secretaries of Labor and Health and Human Services must have access to all records required under this part. Upon written request, the mine operator must provide, within 15 calendar days of the request, access to records to:
</P>
<P>(1) The miner, or with the miner's written consent, the miner's designee, for all records that the mine operator must maintain for that individual miner under this part;
</P>
<P>(2) Any representative of miners designated under part 40 of this title, to training certifications compiled under § 62.180(b) of this part and to any notice of exposure determination under § 62.110(d) of this part, for the miners whom he or she represents; and
</P>
<P>(3) Any former miner, for records which indicate his or her own exposure.
</P>
<P>(b) When a person with access to records under paragraphs (a)(1), (a)(2), or (a)(3) of this section requests a copy of a record, the mine operator must provide the first copy of such record at no cost to that person, and any additional copies requested by that person at reasonable cost.
</P>
<P>(c) Transfer of records. (1) The mine operator must transfer all records required to be maintained by this part, or a copy thereof, to a successor mine operator who must maintain the records for the time period required by this part.
</P>
<P>(2) The successor mine operator must use the baseline audiogram, or revised baseline audiogram, as appropriate, obtained by the original mine operator to determine the existence of a standard threshold shift or reportable hearing loss.


</P>
</DIV8>


<DIV9 N="Appendix to" NODE="30:1.0.1.10.33.0.211.17.10" TYPE="APPENDIX">
<HEAD>Appendix to Part 62
</HEAD>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 62-1—Reference Duration
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">dBA
</TH><TH class="gpotbl_colhed" scope="col">T (hours)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">80</TD><TD align="right" class="gpotbl_cell">32.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">85</TD><TD align="right" class="gpotbl_cell">16.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">86</TD><TD align="right" class="gpotbl_cell">13.9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">87</TD><TD align="right" class="gpotbl_cell">12.1
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">88</TD><TD align="right" class="gpotbl_cell">10.6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">89</TD><TD align="right" class="gpotbl_cell">9.2
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90</TD><TD align="right" class="gpotbl_cell">8.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">91</TD><TD align="right" class="gpotbl_cell">7.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">92</TD><TD align="right" class="gpotbl_cell">6.1
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">93</TD><TD align="right" class="gpotbl_cell">5.3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">94</TD><TD align="right" class="gpotbl_cell">4.6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">95</TD><TD align="right" class="gpotbl_cell">4.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">96</TD><TD align="right" class="gpotbl_cell">3.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">97</TD><TD align="right" class="gpotbl_cell">3.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">98</TD><TD align="right" class="gpotbl_cell">2.6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">99</TD><TD align="right" class="gpotbl_cell">2.3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">100</TD><TD align="right" class="gpotbl_cell">2.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">101</TD><TD align="right" class="gpotbl_cell">1.7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">102</TD><TD align="right" class="gpotbl_cell">1.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">103</TD><TD align="right" class="gpotbl_cell">1.3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">104</TD><TD align="right" class="gpotbl_cell">1.1
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">105</TD><TD align="right" class="gpotbl_cell">1.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">106</TD><TD align="right" class="gpotbl_cell">0.87
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">107</TD><TD align="right" class="gpotbl_cell">0.76
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">108</TD><TD align="right" class="gpotbl_cell">0.66
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">109</TD><TD align="right" class="gpotbl_cell">0.57
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">110</TD><TD align="right" class="gpotbl_cell">0.50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">111</TD><TD align="right" class="gpotbl_cell">0.44
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">112</TD><TD align="right" class="gpotbl_cell">0.38
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">113</TD><TD align="right" class="gpotbl_cell">0.33
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">114</TD><TD align="right" class="gpotbl_cell">0.29
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">115</TD><TD align="right" class="gpotbl_cell">0.25
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">At no time shall any excursion exceed 115 dBA. For any value, the reference duration (T) in hours is computed by: T = 8/2<E T="51">(L−90)/5</E> where L is the measured A-weighted, slow-response sound pressure level.</P></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 62-2—“Dose”TWA <E T="52">8</E> Equivalent
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Dose
</TH><TH class="gpotbl_colhed" scope="col">TWA
<sup>8</sup>
<br/>(percent)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">25</TD><TD align="right" class="gpotbl_cell">80
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">29</TD><TD align="right" class="gpotbl_cell">81
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">33</TD><TD align="right" class="gpotbl_cell">82
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">38</TD><TD align="right" class="gpotbl_cell">83
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">44</TD><TD align="right" class="gpotbl_cell">84
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50</TD><TD align="right" class="gpotbl_cell">85
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57</TD><TD align="right" class="gpotbl_cell">86
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">66</TD><TD align="right" class="gpotbl_cell">87
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">76</TD><TD align="right" class="gpotbl_cell">88
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">87</TD><TD align="right" class="gpotbl_cell">89
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">100</TD><TD align="right" class="gpotbl_cell">90
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">115</TD><TD align="right" class="gpotbl_cell">91
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">132</TD><TD align="right" class="gpotbl_cell">92
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">152</TD><TD align="right" class="gpotbl_cell">93
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">174</TD><TD align="right" class="gpotbl_cell">94
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">200</TD><TD align="right" class="gpotbl_cell">95
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">230</TD><TD align="right" class="gpotbl_cell">96
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">264</TD><TD align="right" class="gpotbl_cell">97
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">303</TD><TD align="right" class="gpotbl_cell">98
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">99
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400</TD><TD align="right" class="gpotbl_cell">100
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">460</TD><TD align="right" class="gpotbl_cell">101
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">530</TD><TD align="right" class="gpotbl_cell">102
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">610</TD><TD align="right" class="gpotbl_cell">103
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">700</TD><TD align="right" class="gpotbl_cell">104
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">800</TD><TD align="right" class="gpotbl_cell">105
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">920</TD><TD align="right" class="gpotbl_cell">106
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1056</TD><TD align="right" class="gpotbl_cell">107
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1213</TD><TD align="right" class="gpotbl_cell">108
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1393</TD><TD align="right" class="gpotbl_cell">109
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1600</TD><TD align="right" class="gpotbl_cell">110
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1838</TD><TD align="right" class="gpotbl_cell">111
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2111</TD><TD align="right" class="gpotbl_cell">112
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2425</TD><TD align="right" class="gpotbl_cell">113
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2786</TD><TD align="right" class="gpotbl_cell">114
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3200</TD><TD align="right" class="gpotbl_cell">115
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">Interpolate between the values found in this Table, or extend the Table, by using the formula: TWA<E T="52">8</E> = 16.61 log<E T="52">10</E> (D/100) + 90.</P></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 62-3—Age Correction Value in Decibels for Males (Selected Frequencies)
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Age (years)
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">kHz
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">2
</TH><TH class="gpotbl_colhed" scope="col">3
</TH><TH class="gpotbl_colhed" scope="col">4
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">20 or less</TD><TD align="right" class="gpotbl_cell">3</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">21</TD><TD align="right" class="gpotbl_cell">3</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">22</TD><TD align="right" class="gpotbl_cell">3</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23</TD><TD align="right" class="gpotbl_cell">3</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">24</TD><TD align="right" class="gpotbl_cell">3</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">25</TD><TD align="right" class="gpotbl_cell">3</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">26</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">27</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">29</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">30</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">31</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">32</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">33</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">34</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">11
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">35</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">11
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">37</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">38</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">13
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">39</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">41</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">42</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">16
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">43</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">16
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">44</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">17
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">45</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">13</TD><TD align="right" class="gpotbl_cell">18
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">13</TD><TD align="right" class="gpotbl_cell">19
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">14</TD><TD align="right" class="gpotbl_cell">19
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">48</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">14</TD><TD align="right" class="gpotbl_cell">20
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">15</TD><TD align="right" class="gpotbl_cell">21
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">16</TD><TD align="right" class="gpotbl_cell">22
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">51</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">16</TD><TD align="right" class="gpotbl_cell">23
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">52</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">17</TD><TD align="right" class="gpotbl_cell">24
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">53</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">18</TD><TD align="right" class="gpotbl_cell">25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">54</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">18</TD><TD align="right" class="gpotbl_cell">26
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">55</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">19</TD><TD align="right" class="gpotbl_cell">27
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">20</TD><TD align="right" class="gpotbl_cell">28
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">21</TD><TD align="right" class="gpotbl_cell">29
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">58</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">22</TD><TD align="right" class="gpotbl_cell">31
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">59</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">22</TD><TD align="right" class="gpotbl_cell">32
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">60 or more</TD><TD align="right" class="gpotbl_cell">13</TD><TD align="right" class="gpotbl_cell">23</TD><TD align="right" class="gpotbl_cell">33</TD></TR></TABLE></DIV></DIV>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 62-4—Age Correction Value in Decibels for Females (Selected Frequencies)
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Age (years)
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">kHz
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">2
</TH><TH class="gpotbl_colhed" scope="col">3
</TH><TH class="gpotbl_colhed" scope="col">4
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">20 or less</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">3</TD><TD align="right" class="gpotbl_cell">3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">21</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">22</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">24</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">25</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">26</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">27</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">29</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">30</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">31</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">32</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">33</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">34</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">6
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">35</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">37</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">38</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">7
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">39</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">41</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">42</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">43</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">44</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">45</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">11
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">48</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">11
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">11
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">51</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">52</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">13
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">53</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">13</TD><TD align="right" class="gpotbl_cell">13
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">54</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">13</TD><TD align="right" class="gpotbl_cell">14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">55</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">14</TD><TD align="right" class="gpotbl_cell">14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">14</TD><TD align="right" class="gpotbl_cell">15
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">15</TD><TD align="right" class="gpotbl_cell">15
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">58</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">15</TD><TD align="right" class="gpotbl_cell">16
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">59</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">16</TD><TD align="right" class="gpotbl_cell">16
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">60 or more</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">16</TD><TD align="right" class="gpotbl_cell">17</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[64 FR 49630, Sept. 13, 1999, as amended at 65 FR 66929, Nov. 8, 2000]


</CITA>
</DIV9>

</DIV5>

</DIV4>


<DIV4 N="N [RESERVED]   " NODE="30:1.0.1.11" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER N [RESERVED]


</HEAD>
</DIV4>


<DIV4 N="O" NODE="30:1.0.1.12" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER O—COAL MINE SAFETY AND HEALTH


</HEAD>

<DIV5 N="70" NODE="30:1.0.1.12.34" TYPE="PART">
<HEAD>PART 70—MANDATORY HEALTH STANDARDS—UNDERGROUND COAL MINES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 813(h), 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>59 FR 8327, Feb 18, 1994, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.12.34.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24972, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 70.1" NODE="30:1.0.1.12.34.1.211.1" TYPE="SECTION">
<HEAD>§ 70.1   Scope.</HEAD>
<P>This part 70 sets forth mandatory health standards for each underground coal mine subject to the Federal Mine Safety and Health Act of 1977, as amended.


</P>
</DIV8>


<DIV8 N="§ 70.2" NODE="30:1.0.1.12.34.1.211.2" TYPE="SECTION">
<HEAD>§ 70.2   Definitions.</HEAD>
<P>The following definitions apply in this part.
</P>
<P><I>Act.</I> The Federal Mine Safety and Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164 and Public Law 109-236.
</P>
<P><I>Active workings.</I> Any place in a coal mine where miners are normally required to work or travel.
</P>
<P><I>Approved sampling device.</I> A sampling device approved by the Secretary and Secretary of Health and Human Services (HHS) under part 74 of this title.
</P>
<P><I>Certified person.</I> An individual certified by the Secretary in accordance with § 70.202 to take respirable dust samples required by this part or certified in accordance with § 70.203 to perform the maintenance and calibration of respirable dust sampling equipment as required by this part.
</P>
<P><I>Coal mine dust personal sampler unit (CMDPSU).</I> A personal sampling device approved under part 74, subpart B, of this title.
</P>
<P><I>Concentration.</I> A measure of the amount of a substance contained per unit volume of air.
</P>
<P><I>Continuous personal dust monitor (CPDM).</I> A personal sampling device approved under part 74, subpart C of this title.
</P>
<P><I>Designated area (DA).</I> A specific location in the mine identified by the operator in the mine ventilation plan under § 75.371(t) of this title where samples will be collected to measure respirable dust generation sources in the active workings; approved by the District Manager; and assigned a four-digit identification number by MSHA.
</P>
<P><I>Designated occupation (DO).</I> The occupation on a mechanized mining unit (MMU) that has been determined by results of respirable dust samples to have the greatest respirable dust concentration.
</P>
<P><I>District Manager.</I> The manager of the Coal Mine Safety and Health District in which the mine is located.
</P>
<P><I>Equivalent concentration.</I> The concentration of respirable coal mine dust, including quartz, expressed in milligrams per cubic meter of air (mg/m
<SU>3</SU>) as measured with an approved sampling device, determined by dividing the weight of dust in milligrams collected on the filter of an approved sampling device by the volume of air in cubic meters passing through the filter (sampling time in minutes (t) times the sampling airflow rate in cubic meters per minute), and then converting that concentration to an equivalent concentration as measured by the Mining Research Establishment (MRE) instrument. When the approved sampling device is:
</P>
<P>(1) The CMDPSU, the equivalent concentration is determined by multiplying the concentration of respirable coal mine dust by the constant factor prescribed by the Secretary.
</P>
<P>(2) The CPDM, the device shall be programmed to automatically report end-of-shift concentration measurements as equivalent concentrations.
</P>
<P><I>Mechanized mining unit (MMU).</I> A unit of mining equipment including hand loading equipment used for the production of material; or a specialized unit which uses mining equipment other than specified in § 70.206(b) or in § 70.208(b) of this part. Each MMU will be assigned a four-digit identification number by MSHA, which is retained by the MMU regardless of where the unit relocates within the mine. However, when:
</P>
<P>(1) Two sets of mining equipment are used in a series of working places within the same working section and only one production crew is employed at any given time on either set of mining equipment, the two sets of equipment shall be identified as a single MMU.
</P>
<P>(2) Two or more sets of mining equipment are simultaneously engaged in cutting, mining, or loading coal or rock from working places within the same working section, each set of mining equipment shall be identified as a separate MMU.
</P>
<P><I>MRE instrument.</I> The gravimetric dust sampler with a four channel horizontal elutriator developed by the Mining Research Establishment of the National Coal Board, London, England.
</P>
<P><I>MSHA.</I> The Mine Safety and Health Administration of the U.S. Department of Labor.
</P>
<P><I>Normal production shift.</I> A production shift during which the amount of material produced by an MMU is at least equal to 80 percent of the average production recorded by the operator for the most recent 30 production shifts or for all production shifts if fewer than 30 shifts of production data are available.
</P>
<P><I>Other designated occupation (ODO).</I> Other occupation on an MMU that is designated for sampling required by this part in addition to the DO. Each ODO shall be identified by a four-digit identification number assigned by MSHA.
</P>
<P><I>Production shift.</I> With regard to an MMU, a shift during which material is produced; with regard to a DA of a mine, a shift during which material is produced and routine day-to-day activities are occurring in the DA.
</P>
<P><I>Representative sample.</I> A respirable dust sample, expressed as an equivalent concentration, that reflects typical dust concentration levels and with regard to an MMU, normal mining activities in the active workings during which the amount of material produced is equivalent to a normal production shift; or with regard to a DA, material is produced and routine-day-to-day activities are occurring.
</P>
<P><I>Respirable dust.</I> Dust collected with a sampling device approved by the Secretary and the Secretary of HHS in accordance with part 74 (Coal Mine Dust Sampling Devices) of this title.
</P>
<P><I>Secretary.</I> The Secretary of Labor or a delegate.
</P>
<P><I>Valid respirable dust sample.</I> A respirable dust sample collected and submitted as required by this part, including any sample for which the data were electronically transmitted to MSHA, and not voided by MSHA.
</P>
<CITA TYPE="N">[79 FR 24972, May 1, 2014, as amended at 89 FR 28473, Apr. 18, 2024]




</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.12.34.2" TYPE="SUBPART">
<HEAD>Subpart B—Dust Standards</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24973, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 70.100" NODE="30:1.0.1.12.34.2.211.1" TYPE="SECTION">
<HEAD>§ 70.100   Respirable dust standards.</HEAD>
<P>(a) Each operator shall continuously maintain the average concentration of respirable dust in the mine atmosphere during each shift to which each miner in the active workings of each mine is exposed, as measured with an approved sampling device and expressed in terms of an equivalent concentration, at or below:
</P>
<P>(1) 2.0 milligrams of respirable dust per cubic meter of air (mg/m
<SU>3</SU>).
</P>
<P>(2) 1.5 mg/m
<SU>3</SU> as of August 1, 2016.
</P>
<P>(b) Each operator shall continuously maintain the average concentration of respirable dust within 200 feet outby the working faces of each section in the intake airways as measured with an approved sampling device and expressed in terms of an equivalent concentration at or below:
</P>
<P>(1) 1.0 mg/m
<SU>3</SU>.
</P>
<P>(2) 0.5 mg/m
<SU>3</SU> as of August 1, 2016.




</P>
</DIV8>


<DIV8 N="§ 70.101" NODE="30:1.0.1.12.34.2.211.2" TYPE="SECTION">
<HEAD>§ 70.101   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.12.34.3" TYPE="SUBPART">
<HEAD>Subpart C—Sampling Procedures</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24974, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 70.201" NODE="30:1.0.1.12.34.3.211.1" TYPE="SECTION">
<HEAD>§ 70.201   Sampling; general and technical requirements.</HEAD>
<P>(a) Only an approved coal mine dust personal sampler unit (CMDPSU) shall be used to take bimonthly samples of the concentration of respirable coal mine dust from the designated occupation (DO) in each MMU as required by this part until January 31, 2016. On February 1, 2016, DOs in each MMU shall be sampled quarterly with an approved CPDM as required by this part and an approved CMDPSU shall not be used, unless notified by the Secretary to continue to use an approved CMDPSU to conduct quarterly sampling.
</P>
<P>(b) Only an approved CMDPSU shall be used to take bimonthly samples of the concentration of respirable coal mine dust from each designated area (DA) as required by this part until January 31, 2016. On February 1, 2016:
</P>
<P>(1) DAs associated with an MMU shall be redesignated as Other Designated Occupations (ODO). ODOs shall be sampled quarterly with an approved CPDM as required by this part and an approved CMDPSU shall not be used, unless notified by the Secretary to continue to use an approved CMDPSU to conduct quarterly sampling.
</P>
<P>(2) DAs identified by the operator under § 75.371(t) of this chapter shall be sampled quarterly with an approved CMDPSU as required by this part, unless the operator notifies the District Manager in writing that only an approved CPDM will be used for all DA sampling at the mine. The notification must be received at least 90 days before the beginning of the quarter in which CPDMs will be used to collect the DA samples.
</P>
<P>(c) Sampling devices shall be worn or carried directly to the MMU or DA to be sampled and from the MMU or DA sampled and shall be operated portal-to-portal. Sampling devices shall remain with the occupation or DA being sampled and shall be operational during the entire shift, which includes the total time spent in the MMU or DA and while traveling to and from the mining section or area being sampled. If the work shift to be sampled is longer than 12 hours and the sampling device is:
</P>
<P>(1) A CMDPSU, the operator shall switch-out the unit's sampling pump prior to the 13th-hour of operation.
</P>
<P>(2) A CPDM, the operator shall switch-out the CPDM with a fully charged device prior to the 13th-hour of operation.
</P>
<P>(d) If using a CMDPSU, one control filter shall be used for each shift of sampling. Each control filter shall:
</P>
<P>(1) Have the same pre-weight date (noted on the dust data card) as the filters used for sampling;
</P>
<P>(2) Remain plugged at all times;
</P>
<P>(3) Be used for the same amount of time, and exposed to the same temperature and handling conditions as the filters used for sampling;
</P>
<P>(4) Be kept with the exposed samples after sampling and in the same mailing container when transmitted to MSHA.
</P>
<P>(e) Records showing the length of each production shift for each MMU shall be made and retained for at least six months and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners, and submitted to the District Manager when requested in writing.
</P>
<P>(f) Upon request from the District Manager, the operator shall submit the date and time any respirable dust sampling required by this part will begin. This information shall be submitted at least 48 hours prior to the scheduled sampling.
</P>
<P>(g) To establish a normal production shift, the operator shall record the amount of run-of-mine material produced by each MMU during each shift to determine the average production for the most recent 30 production shifts, or for all production shifts if fewer than 30 shifts of production data are available. Production records shall be retained for at least six months and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
</P>
<P>(h) Operators using CPDMs shall provide training to all miners expected to wear a CPDM. The training shall be completed prior to a miner wearing a CPDM and then every 12 months thereafter. The training shall include:
</P>
<P>(1) The importance of monitoring dust concentrations and properly wearing the CPDM.
</P>
<P>(2) Explaining the basic features and capabilities of the CPDM;
</P>
<P>(3) Discussing the various types of information displayed by the CPDM and how to access that information; and
</P>
<P>(4) How to start and stop a short-term sample run during compliance sampling.
</P>
<P>(i) An operator shall keep a record of the CPDM training at the mine site for 24 months after completion of the training. An operator may keep the record elsewhere if the record is immediately accessible from the mine site by electronic transmission. Upon request from an authorized representative of the Secretary, Secretary of HHS, or representative of miners, the operator shall promptly provide access to any such training records. The record shall include:
</P>
<P>(1) The date of training;
</P>
<P>(2) The names of miners trained; and
</P>
<P>(3) The subjects included in the training.
</P>
<P>(j) An anthracite mine using the full box, open breast, or slant breast mining method may use either a CPDM or a CMDPSU to conduct the required sampling. The mine operator shall notify the District Manager in writing of its decision to not use a CPDM.
</P>
<P>(k) MSHA approval of the dust control portion of the operator's mine ventilation plan may be revoked based on samples taken by MSHA or in accordance with this part 70.


</P>
</DIV8>


<DIV8 N="§ 70.202" NODE="30:1.0.1.12.34.3.211.2" TYPE="SECTION">
<HEAD>§ 70.202   Certified person; sampling.</HEAD>
<P>(a) The respirable dust sampling required by this part shall be performed by a certified person.
</P>
<P>(b) To be certified, a person shall complete the applicable MSHA course of instruction and pass the MSHA examination demonstrating competency in sampling procedures. Persons not certified in sampling, and those certified only in maintenance and calibration procedures in accordance with § 70.203(b), are not permitted to collect respirable dust samples required by this part or handle approved sampling devices when being used in sampling.
</P>
<P>(c) To maintain certification, a person must pass the MSHA examination demonstrating competency in sampling procedures every three years.
</P>
<P>(d) MSHA may revoke a person's certification for failing to properly carry out the required sampling procedures.


</P>
</DIV8>


<DIV8 N="§ 70.203" NODE="30:1.0.1.12.34.3.211.3" TYPE="SECTION">
<HEAD>§ 70.203   Certified person; maintenance and calibration.</HEAD>
<P>(a) Approved sampling devices shall be maintained and calibrated by a certified person.
</P>
<P>(b) To be certified, a person shall complete the applicable MSHA course of instruction and pass the MSHA examination demonstrating competency in maintenance and calibration procedures for approved sampling devices. Necessary maintenance of the sampling head assembly of a CMDPSU, or the cyclone assembly of a CPDM, can be performed by persons certified in sampling or in maintenance and calibration.
</P>
<P>(c) To maintain certification, a person must pass the MSHA examination demonstrating competency in maintenance and calibration procedures every three years.
</P>
<P>(d) MSHA may revoke a person's certification for failing to properly carry out the required maintenance and calibration procedures.


</P>
</DIV8>


<DIV8 N="§ 70.204" NODE="30:1.0.1.12.34.3.211.4" TYPE="SECTION">
<HEAD>§ 70.204   Approved sampling devices; maintenance and calibration.</HEAD>
<P>(a) Approved sampling devices shall be maintained as approved under part 74 of this title and calibrated in accordance with MSHA Informational Report IR 1240 (1996) “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers” or in accordance with the manufacturer's recommendations, if using a CPDM. Only persons certified in maintenance and calibration can perform maintenance work on the CPDM or the pump unit of the CMDPSU.
</P>
<P>(b) Sampling devices shall be calibrated at the flowrate of 2.0 liters of air per minute (L/min) if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a different flowrate recommended by the manufacturer, before they are put into service and, thereafter, at time intervals recommended by the manufacturer or prescribed by the Secretary or Secretary of HHS.
</P>
<P>(c) If using a CMDPSU, each sampling device shall be examined and tested by a person certified in sampling or in maintenance and calibration within 3 hours before the start of the shift on which the approved sampling devices will be used to collect respirable dust samples. This is to assure that the sampling devices are clean and in proper working condition. This examination and testing shall include the following:
</P>
<P>(1) Examination of all components of the cyclone assembly to assure that they are clean and free of dust and dirt. This includes examining the interior of the connector barrel (located between the cassette assembly and vortex finder), vortex finder, cyclone body, and grit pot;
</P>
<P>(2) Examination of the inner surface of the cyclone body to assure that it is free of scoring or scratch marks on the inner surface of the cyclone where the air flow is directed by the vortex finder into the cyclone body;
</P>
<P>(3) Examination of the external hose connecting the pump unit to the sampling head assembly to assure that it is clean and free of leaks; and
</P>
<P>(4) Examination of the clamping and positioning of the cyclone body, vortex finder, and cassette to assure that they are rigid, in alignment, firmly in contact, and airtight.
</P>
<P>(5) Testing the voltage of each battery while under actual load to assure the battery is fully charged. This requires that a fully assembled and examined sampling head assembly be attached to the pump inlet with the pump unit running when the voltage check is made. The voltage for the batteries used in the CMDPSU shall not be lower than the product of the number of cells in the battery multiplied by the manufacturer's nominal voltage per cell value.
</P>
<P>(d) If using a CPDM, the certified person in sampling or in maintenance and calibration shall:
</P>
<P>(1) Follow the pre-operational examinations, testing, and set-up procedures, and perform necessary external maintenance recommended by the manufacturer to assure the operational readiness of each CPDM within 3 hours before the start of the shift on which the sampling devices will be used to collect respirable dust samples; and
</P>
<P>(2) Perform other required scheduled examinations and maintenance procedures recommended by the manufacturer.
</P>
<P>(e) You must proceed in accordance with “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers,” MSHA Informational Report IR 1240 (1996), referenced in paragraph (a) of this section. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the MSHA Web site at <I>http://www.msha.gov</I> and you may inspect or obtain a copy at MSHA, Coal Mine Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9500; and at each MSHA Coal Mine Safety and Health District Office, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[79 FR 24974, May 1, 2014, as amended at 80 FR 52989, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]




</CITA>
</DIV8>


<DIV8 N="§ 70.205" NODE="30:1.0.1.12.34.3.211.5" TYPE="SECTION">
<HEAD>§ 70.205   Approved sampling devices; operation; air flowrate.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) Approved sampling devices shall be operated at the flowrate of 2.0 L/min if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a different flowrate recommended by the manufacturer.
</P>
<P>(b) If using a CMDPSU, each approved sampling device shall be examined each shift by a person certified in sampling during:
</P>
<P>(1) The second hour after being put into operation to assure it is in the proper location, operating properly, and at the proper flowrate. If the proper flowrate is not maintained, necessary adjustments shall be made by the certified person. This examination is not required if the sampling device is being operated in an anthracite coal mine using the full box, open breast, or slant breast mining method.
</P>
<P>(2) The last hour of operation to assure that the sampling device is operating properly and at the proper flowrate. If the proper flowrate is not maintained, the respirable dust sample shall be transmitted to MSHA with a notation by the certified person on the back of the dust data card stating that the proper flowrate was not maintained. Other events occurring during the collection of respirable dust samples that may affect the validity of the sample, such as dropping of the sampling head assembly onto the mine floor, shall be noted on the back of the dust data card.
</P>
<P>(c) If using a CPDM, the person certified in sampling shall monitor the dust concentrations and the sampling status conditions being reported by the sampling device at mid-shift or more frequently as specified in the approved mine ventilation plan to assure: The sampling device is in the proper location and operating properly; and the work environment of the occupation or DA being sampled remains in compliance with the standard at the end of the shift. This monitoring is not required if the sampling device is being operated in an anthracite coal mine using the full box, open breast, or slant breast mining method.
</P>
<CITA TYPE="N">[89 FR 28473, 28474, Apr. 18, 2024]




</CITA>
</DIV8>


<DIV8 N="§§ 70.206-70.207" NODE="30:1.0.1.12.34.3.211.6" TYPE="SECTION">
<HEAD>§§ 70.206-70.207   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 70.208" NODE="30:1.0.1.12.34.3.211.7" TYPE="SECTION">
<HEAD>§ 70.208   Quarterly sampling; mechanized mining units.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) The operator shall sample each calendar quarter:
</P>
<P>(1) The designated occupation (DO) in each MMU on consecutive normal production shifts until 15 valid representative samples are taken. The District Manager may require additional groups of 15 valid representative samples when information indicates the operator has not followed the approved ventilation plan for any MMU.
</P>
<P>(2) Each other designated occupation (ODO) specified in paragraphs (b)(1) through (10) of this section in each MMU or specified by the District Manager and identified in the approved mine ventilation plan on consecutive normal production shifts until 15 valid representative samples are taken. Sampling of each ODO type shall begin after fulfilling the sampling requirements of paragraph (a)(1) of this section. When required to sample more than one ODO type, each ODO type must be sampled over separate time periods during the calendar quarter.
</P>
<P>(3) The quarterly periods are:
</P>
<P>(i) January 1-March 31
</P>
<P>(ii) April 1-June 30
</P>
<P>(iii) July 1-September 30
</P>
<P>(iv) October 1-December 31.
</P>
<P>(b) Unless otherwise directed by the District Manager, the approved sampling device shall be worn by the miner assigned to perform the duties of the DO or ODO specified in paragraphs (b)(1) through (10) of this section or by the District Manager for each type of MMU.
</P>
<P>(1) <I>Conventional section using cutting machine.</I> DO—The cutting machine operator;
</P>
<P>(2) <I>Conventional section blasting off the solid.</I> DO—The loading machine operator;
</P>
<P>(3) <I>Continuous mining section other than auger-type.</I> DO—The continuous mining (CM) machine operator or mobile bridge operator when using continuous haulage; ODO—The roof bolting machine operator who works nearest the working face on the return air side of the continuous mining machine; the face haulage operators on MMUs using blowing face ventilation; the face haulage operators on MMUs ventilated by split intake air (“fishtail ventilation”) as part of a super-section; and face haulage operators where two continuous mining machines are operated on an MMU.
</P>
<P>(4) <I>Continuous mining section using auger-type machine.</I> DO—The jacksetter who works nearest the working face on the return air side of the continuous mining machine;
</P>
<P>(5) <I>Scoop section using cutting machine.</I> DO—The cutting machine operator;
</P>
<P>(6) <I>Scoop section, blasting off the solid.</I> DO—The coal drill operator;
</P>
<P>(7) <I>Longwall section.</I> DO—The longwall operator working on the tailgate side of the longwall mining machine; ODO—The jacksetter who works nearest the return air side of the longwall working face, and the mechanic;
</P>
<P>(8) <I>Hand loading section with a cutting machine.</I> DO—The cutting machine operator;
</P>
<P>(9) <I>Hand loading section blasting off the solid.</I> DO—The hand loader exposed to the greatest dust concentration; and
</P>
<P>(10) <I>Anthracite mine sections.</I> DO—The hand loader exposed to the greatest dust concentration.
</P>
<P>(c) [Reserved]
</P>
<P>(d) If a normal production shift is not achieved, the DO or ODO sample for that shift may be voided by MSHA. However, any sample, regardless of production, that exceeds the standard by at least 0.1 mg/m
<SU>3</SU> shall be used in the determination of the equivalent concentration for that occupation
</P>
<P>(e) When a valid representative sample taken in accordance with this section meets or exceeds the ECV in table 1 to this section that corresponds to the particular sampling device used, the operator shall:
</P>
<P>(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
</P>
<P>(2) Immediately take corrective action to lower the concentration of respirable dust to at or below the respirable dust standard; and
</P>
<P>(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
</P>
<P>(f) Noncompliance with the standard is demonstrated during the sampling period when:
</P>
<P>(1) Three or more valid representative samples meet or exceed the ECV in table 1 to this section that corresponds to the particular sampling device used; or
</P>
<P>(2) The average for all valid representative samples meets or exceeds the ECV in table 1 to this section that corresponds to the particular sampling device used.
</P>
<P>(g)(1) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the standard involving a DO in an MMU, paragraph (a)(1) of this section shall not apply to the DO in that MMU until the violation is abated and the citation is terminated in accordance with paragraphs (h) and (i) of this section.
</P>
<P>(2) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the standard involving a type of ODO in an MMU, paragraph (a)(2) of this section shall not apply to that ODO type in that MMU until the violation is abated and the citation is terminated in accordance with paragraphs (g) and (h) of this section.
</P>
<P>(h) Upon issuance of a citation for violation of the standard, the operator shall take the following actions sequentially:
</P>
<P>(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
</P>
<P>(2) Immediately take corrective action to lower the concentration of respirable coal mine dust to at or below the standard; and
</P>
<P>(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
</P>
<P>(4) Begin sampling, within 8 calendar days after the date the citation is issued, the environment of the affected occupation in the MMU on consecutive normal production shifts until five valid representative samples are taken.
</P>
<P>(i) A citation for a violation of the standard shall be terminated by MSHA when:
</P>
<P>(1) Each of the five valid representative samples is at or below the standard; and
</P>
<P>(2) The operator has submitted to the District Manager revised dust control parameters as part of the mine ventilation plan applicable to the MMU in the citation and the changes have been approved by the District Manager. The revised parameters shall reflect the control measures used by the operator to abate the violation.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1 to § 70.208—Excessive Concentration Values (ECV) Based on a Single Sample, Three Samples, or the Average of Five or Fifteen Full-Shift CMDPSU/CPDM Concentration Measurements
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Section
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Samples
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">ECV (mg/m
<sup>3</sup>)
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">CMDPSU
</TH><TH class="gpotbl_colhed" scope="col">CPDM
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.208 (e)</TD><TD align="left" class="gpotbl_cell">70.1-0(a)—Single sample</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.1-0(b)—Single sample</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.208(f)(1)</TD><TD align="left" class="gpotbl_cell">70.1-0(a)—3 or more samples</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.1-0(b)—3 or more samples</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.208(f)(2)</TD><TD align="left" class="gpotbl_cell">70.1-0(a)—5 sample average</TD><TD align="right" class="gpotbl_cell">1.63</TD><TD align="right" class="gpotbl_cell">1.59
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.1-0(b)—5 sample average</TD><TD align="right" class="gpotbl_cell">0.61</TD><TD align="right" class="gpotbl_cell">0.53
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.208(f)(2)</TD><TD align="left" class="gpotbl_cell">70.1-0(a)—15 sample average</TD><TD align="right" class="gpotbl_cell">1.58</TD><TD align="right" class="gpotbl_cell">1.56
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.1-0(b)—15 sample average</TD><TD align="right" class="gpotbl_cell">0.57</TD><TD align="right" class="gpotbl_cell">0.52
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.208(i)(1)</TD><TD align="left" class="gpotbl_cell">70.1-0(a)—Each of 5 samples</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.1-0(b)—Each of 5 samples</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[89 FR 28474, 28475, Apr. 18, 2024]








</CITA>
</DIV8>


<DIV8 N="§ 70.209" NODE="30:1.0.1.12.34.3.211.8" TYPE="SECTION">
<HEAD>§ 70.209   Quarterly sampling; designated areas.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) The operator shall sample quarterly each designated area (DA) on consecutive production shifts until five valid representative samples are taken. The quarterly periods are:
</P>
<P>(1) January 1-March 31
</P>
<P>(2) April 1-June 30
</P>
<P>(3) July 1-September 30
</P>
<P>(4) October 1-December 31.
</P>
<P>(b) [Reserved]
</P>
<P>(c) When a valid representative sample taken in accordance with this section meets or exceeds the ECV in table 1 to this section that corresponds to the particular sampling device used, the operator shall:
</P>
<P>(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
</P>
<P>(2) Immediately take corrective action to lower the concentration of respirable dust to at or below the respirable dust standard; and
</P>
<P>(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
</P>
<P>(d) Noncompliance with the standard is demonstrated during the sampling period when:
</P>
<P>(1) Two or more valid representative samples meet or exceed the ECV in table 1 to this section that corresponds to the particular sampling device used; or
</P>
<P>(2) The average for all valid representative samples meets or exceeds the ECV in table 1 to this section that corresponds to the particular sampling device used.
</P>
<P>(e) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the standard, paragraph (a) of this section shall not apply to that DA until the violation is abated and the citation is terminated in accordance with paragraphs (e) and (f) of this section.
</P>
<P>(f) Upon issuance of a citation for a violation of the standard, the operator shall take the following actions sequentially:
</P>
<P>(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
</P>
<P>(2) Immediately take corrective action to lower the concentration of respirable coal mine dust to at or below the standard; and
</P>
<P>(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
</P>
<P>(4) Begin sampling, within 8 calendar days after the date the citation is issued, the environment of the affected DA on consecutive normal production shifts until five valid representative samples are taken.
</P>
<P>(g) A citation for a violation of the standard shall be terminated by MSHA when:
</P>
<P>(1) Each of the five valid representative samples is at or below the standard; and
</P>
<P>(2) The operator has submitted to the District Manager revised dust control parameters as part of the mine ventilation plan applicable to the DA in the citation, and the changes have been approved by the District Manager. The revised parameters shall reflect the control measures used by the operator to abate the violation.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1 to § 70.209—Excessive Concentration Values (ECV) Based on a Single Sample, Two Samples, or the Average of Five or Fifteen Full-Shift CMDPSU/CPDM Concentration Measurements
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Section
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Samples
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">ECV (mg/m
<sup>3</sup>)
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">CMDPSU
</TH><TH class="gpotbl_colhed" scope="col">CPDM
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.209 (c)</TD><TD align="left" class="gpotbl_cell">70.100(a)—Single sample</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.100(b)—Single sample</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.209(d)(1)</TD><TD align="left" class="gpotbl_cell">70.100(a)—2 or more samples</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.100(b)—2 or more samples</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.209(d)(2)</TD><TD align="left" class="gpotbl_cell">70.100(a)—5 sample average</TD><TD align="right" class="gpotbl_cell">1.63</TD><TD align="right" class="gpotbl_cell">1.59
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.100(b)—5 sample average</TD><TD align="right" class="gpotbl_cell">0.61</TD><TD align="right" class="gpotbl_cell">0.53
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.209(d)(2)</TD><TD align="left" class="gpotbl_cell">70.100(a)—15 sample average</TD><TD align="right" class="gpotbl_cell">1.58</TD><TD align="right" class="gpotbl_cell">1.56
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.100(b)—15 sample average</TD><TD align="right" class="gpotbl_cell">0.57</TD><TD align="right" class="gpotbl_cell">0.52
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70.209(g)(1)</TD><TD align="left" class="gpotbl_cell">70.100(a)—Each of 5 samples</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">70.100(b)—Each of 5 samples</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[89 FR 28475, 28476, Apr. 18, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 70.210" NODE="30:1.0.1.12.34.3.211.9" TYPE="SECTION">
<HEAD>§ 70.210   Respirable dust samples; transmission by operator.</HEAD>
<P>(a) If using a CMDPSU, the operator shall transmit within 24 hours after the end of the sampling shift all samples collected to fulfill the requirements of this part, including control filters, in containers provided by the manufacturer of the filter cassette to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to any other address designated by the District Manager.
</P>
<P>(b) The operator shall not open or tamper with the seal of any filter cassette or alter the weight of any filter cassette before or after it is used to fulfill the requirements of this part.
</P>
<P>(c) A person certified in sampling shall properly complete the dust data card that is provided by the manufacturer for each filter cassette. The card shall have an identification number identical to that on the cassette used to take the sample and be submitted to MSHA with the sample. Each card shall be signed by the certified person who actually performed the required examinations under 70.205(b) of this part during the sampling shift and shall include that person's MSHA Individual Identification Number (MIIN). Respirable dust samples with data cards not properly completed may be voided by MSHA.
</P>
<P>(d) All respirable dust samples collected by the operator shall be considered taken to fulfill the sampling requirements of part 70, 71, or 90 of this title, unless the sample has been identified in writing by the operator to the District Manager, prior to the intended sampling shift, as a sample to be used for purposes other than required by part 70, 71, or 90 of this title.
</P>
<P>(e) Respirable dust samples received by MSHA in excess of those required by this part shall be considered invalid samples.
</P>
<P>(f) If using a CPDM, the person certified in sampling shall (1) validate, certify, and transmit electronically to MSHA within 24 hours after the end of each sampling shift all sample data file information collected and stored in the CPDM, including the sampling status conditions encountered when sampling; and (2) not tamper with the CPDM or its components in any way before, during, or after it is used to fulfill the requirements of this part, or alter any sample data files. All CPDM data files transmitted electronically to MSHA shall be maintained by the operator for at least 12 months.
</P>
<CITA TYPE="N">[79 FR 24974, May 1, 2014, as amended at 80 FR 52989, Sept. 2, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 70.211" NODE="30:1.0.1.12.34.3.211.10" TYPE="SECTION">
<HEAD>§ 70.211   Respirable dust samples; report to operator; posting.</HEAD>
<P>(a) MSHA shall provide the operator, as soon as practicable, a report with the following data on respirable dust samples submitted or whose results were transmitted electronically, if using a CPDM, in accordance with this part:
</P>
<P>(1) The mine identification number;
</P>
<P>(2) The locations within the mine from which the samples were taken;
</P>
<P>(3) The concentration of respirable dust, expressed as an equivalent concentration for each valid sample;
</P>
<P>(4) The average equivalent concentration of respirable dust for all valid samples;
</P>
<P>(5) The occupation code, where applicable; and
</P>
<P>(6) The reason for voiding any sample.
</P>
<P>(b) Upon receipt, the operator shall post this data for at least 31 days on the mine bulletin board.
</P>
<P>(c) If using a CPDM, the person certified in sampling shall, within 12 hours after the end of each sampling shift, print, sign, and post on the mine bulletin board a paper record (Dust Data Card) of the sample run. This hard-copy record shall include the data entered when the sample run was first programmed, and the following:
</P>
<P>(1) The mine identification number;
</P>
<P>(2) The locations within the mine from which the samples were taken;
</P>
<P>(3) The concentration of respirable dust, expressed as an equivalent concentration reported and stored for each sample;
</P>
<P>(4) The sampling status conditions encountered for each sample; and
</P>
<P>(5) The shift length.
</P>
<P>(d) The information required by paragraph (c) of this section shall remain posted until receipt of the MSHA report covering these respirable dust samples.


</P>
</DIV8>


<DIV8 N="§ 70.212" NODE="30:1.0.1.12.34.3.211.11" TYPE="SECTION">
<HEAD>§ 70.212   Status change reports.</HEAD>
<P>(a) If there is a change in operational status that affects the respirable dust sampling requirements of this part, the operator shall report the change in operational status of the mine, mechanized mining unit, or designated area to the MSHA District Office or to any other MSHA office designated by the District Manager. Status changes shall be reported in writing or electronically within 3 working days after the status change has occurred.
</P>
<P>(b) Each specific operational status is defined as follows:
</P>
<P>(1) Underground mine:
</P>
<P>(i) <I>Producing</I>—has at least one MMU unit producing material.
</P>
<P>(ii) <I>Nonproducing</I>—no material is being produced.
</P>
<P>(iii) <I>Abandoned</I>—the work of all miners has been terminated and production activity has ceased.
</P>
<P>(2) MMU:
</P>
<P>(i) <I>Producing</I>—producing material from a working section.
</P>
<P>(ii) <I>Nonproducing</I>—temporarily ceased production of material.
</P>
<P>(iii) <I>Abandoned</I>—permanently ceased production of material.
</P>
<P>(3) DA:
</P>
<P>(i) <I>Producing</I>—activity is occurring.
</P>
<P>(ii) <I>Nonproducing</I>—activity has ceased.
</P>
<P>(iii) <I>Abandoned</I>—the dust generating source has been withdrawn and activity has ceased.




</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.12.34.4" TYPE="SUBPART">
<HEAD>Subpart D [Reserved]</HEAD>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.12.34.5" TYPE="SUBPART">
<HEAD>Subpart E—Dust From Drilling Rock [Reserved]</HEAD>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.12.34.6" TYPE="SUBPART">
<HEAD>Subparts F-S [Reserved]</HEAD>

</DIV6>


<DIV6 N="T" NODE="30:1.0.1.12.34.7" TYPE="SUBPART">
<HEAD>Subpart T—Diesel Exhaust Gas Monitoring</HEAD>


<DIV8 N="§ 70.1900" NODE="30:1.0.1.12.34.7.211.1" TYPE="SECTION">
<HEAD>§ 70.1900   Exhaust Gas Monitoring.</HEAD>
<P>(a) During on-shift examinations required by § 75.362, a certified person as defined by § 75.100 of this chapter and designated by the operator as trained or experienced in the appropriate sampling procedures, shall determine the concentration of carbon monoxide (CO) and nitrogen dioxide (NO<E T="52">2</E>): 
</P>
<P>(1) In the return of each working section where diesel equipment is used, at a location which represents the contribution of all diesel equipment on such section; 
</P>
<P>(2) In the area of the section loading point if diesel haulage equipment is operated on the working section; 
</P>
<P>(3) At a point inby the last piece of diesel equipment on the longwall or shortwall face when mining equipment is being installed or removed; and 
</P>
<P>(4) In any other area designated by the district manager as specified in the mine operator's approved ventilation plan where diesel equipment is operated in a manner which can result in significant concentrations of diesel exhaust. 
</P>
<P>(b) Samples of CO and NO<E T="52">2</E> shall be—
</P>
<P>(1) Collected in a manner that makes the results available immediately to the person collecting the samples; 
</P>
<P>(2) Collected and analyzed by appropriate instrumentation which has been maintained and calibrated in accordance with the manufacturer's recommendations; and 
</P>
<P>(3) Collected during periods that are representative of conditions during normal operations. 
</P>
<P>(c) Except as provided in § 75.325(j) of this chapter, when sampling results indicate a concentration of CO and/or NO<E T="52">2</E> exceeding an action level of 50 percent of the threshold limit values (TLV®) adopted by the American Conference of Governmental Industrial Hygienists, the mine operator shall immediately take appropriate corrective action to reduce the concentrations of CO and/or NO<E T="52">2</E> to below the applicable action level. The publication, “Threshold Limit Values for Substance in Workroom Air” (1972) is incorporated by reference and may be inspected at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; at any MSHA Coal Mine Safety and Health District Office; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In addition, copies of the document may be purchased from the American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; 513-742-2020; <I>http://www.acgih.org.</I>
</P>
<P>(d) A record shall be made when sampling results exceed the action level for the applicable TLV ® for CO and/or NO<E T="52">2</E>. The record shall be made as part of and in the same manner as the records for hazards required by § 75.363 of this chapter and include the following: 
</P>
<P>(1) Location where each sample was collected; 
</P>
<P>(2) Substance sampled and the measured concentration; and 
</P>
<P>(3) Corrective action taken to reduce the concentration of CO and/or NO<E T="52">2</E> to or below the applicable action level. 
</P>
<P>(e) As of November 25, 1997 exhaust gas monitoring shall be conducted in accordance with the requirements of this section. 
</P>
<CITA TYPE="N">[61 FR 55526, Oct. 25, 1996, as amended at 67 FR 38385, June 4, 2002; 71 FR 16667, Apr. 3, 2006; 80 FR 52989, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="71" NODE="30:1.0.1.12.35" TYPE="PART">
<HEAD>PART 71—MANDATORY HEALTH STANDARDS—SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 813(h), 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>37 FR 6368, Mar. 28, 1972, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.12.35.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24980, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 71.1" NODE="30:1.0.1.12.35.1.211.1" TYPE="SECTION">
<HEAD>§ 71.1   Scope.</HEAD>
<P>This part 71 sets forth mandatory health standards for each surface coal mine and for the surface work areas of each underground coal mine subject to the Federal Mine Safety and Health Act of 1977, as amended.


</P>
</DIV8>


<DIV8 N="§ 71.2" NODE="30:1.0.1.12.35.1.211.2" TYPE="SECTION">
<HEAD>§ 71.2   Definitions.</HEAD>
<P>The following definitions apply in this part.
</P>
<P><I>Act.</I> The Federal Mine Safety and Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164 and Public Law 109-236.
</P>
<P><I>Active workings.</I> Any place in a surface coal mine or the surface work area of an underground coal mine where miners are normally required to work or travel.
</P>
<P><I>Approved sampling device.</I> A sampling device approved by the Secretary and Secretary of Health and Human Services (HHS) under part 74 of this title.
</P>
<P><I>Certified person.</I> An individual certified by the Secretary in accordance with § 71.202 to take respirable dust samples required by this part or certified in accordance with § 71.203 to perform maintenance and calibration of respirable dust sampling equipment as required by this part.
</P>
<P><I>Coal mine dust personal sampler unit (CMDPSU).</I> A personal sampling device approved under part 74, subpart B, of this title.
</P>
<P><I>Concentration.</I> A measure of the amount of a substance contained per unit volume of air.
</P>
<P><I>Continuous personal dust monitor (CPDM).</I> A personal sampling device approved under part 74, subpart C, of this title.
</P>
<P><I>Designated work position (DWP).</I> A work position in a surface coal mine and surface work area of an underground coal mine designated for sampling to measure respirable dust generation sources in the active workings. Each DWP will be assigned a four-digit number assigned by MSHA identifying the specific physical portion of the mine that is affected, followed by a three-digit MSHA coal mining occupation code describing the location to which a miner is assigned in the performance of his or her regular duties.
</P>
<P><I>District Manager.</I> The manager of the Coal Mine Safety and Health District in which the mine is located.
</P>
<P><I>Equivalent concentration.</I> The concentration of respirable coal mine dust, including quartz, expressed in milligrams per cubic meter of air (mg/m
<SU>3</SU>) as measured with an approved sampling device, determined by dividing the weight of dust in milligrams collected on the filter of an approved sampling device by the volume of air in cubic meters passing through the filter (sampling time in minutes (t) times the sampling airflow rate in cubic meters per minute), and then converting that concentration to an equivalent concentration as measured by the Mining Research Establishment (MRE) instrument. When the approved sampling device is:
</P>
<P>(1) The CMDPSU, the equivalent concentration is determined by multiplying the concentration of respirable coal mine dust by the constant factor prescribed by the Secretary.
</P>
<P>(2) The CPDM, the device shall be programmed to automatically report end-of-shift concentration measurements as equivalent concentrations.
</P>
<P><I>MRE instrument.</I> The gravimetric dust sampler with a four channel horizontal elutriator developed by the Mining Research Establishment of the National Coal Board, London, England.
</P>
<P><I>MSHA.</I> The Mine Safety and Health Administration of the U.S. Department of Labor.
</P>
<P><I>Normal work shift.</I> (1) A shift during which the regular duties of the DWP are performed while routine day-to-day mining activities are occurring in the rest of the mine and
</P>
<P>(2) A shift during which there is no rain, or, if rain occurs, the rain does not suppress the respirable dust to the extent that sampling results will be measurably lower, in the judgment of the person certified under this part to conduct sampling.
</P>
<P><I>Representative sample.</I> A respirable dust sample, expressed as an equivalent concentration, that reflects typical dust concentration levels in the working environment of the DWP when performing normal duties.
</P>
<P><I>Respirable dust.</I> Dust collected with a sampling device approved by the Secretary and the Secretary of HHS in accordance with part 74 (Coal Mine Dust Sampling Devices) of this title.
</P>
<P><I>Secretary.</I> The Secretary of Labor or a delegate.
</P>
<P><I>Surface area.</I> A specific physical portion of a surface coal mine or surface area of an underground coal mine. These areas are assigned a four-digit identification number by MSHA.
</P>
<P><I>Surface coal mine.</I> A surface area of land and all structures, facilities, machinery, tools, equipment, excavations, and other property, real or personal, placed upon or above the surface of such land by any person, used in, or to be used in, or resulting from, the work of extracting in such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, and the work of preparing the coal so extracted, including custom coal preparation facilities.
</P>
<P><I>Surface installation.</I> Any structure in which miners work at a surface coal mine or surface work area of an underground coal mine.
</P>
<P><I>Surface work area of an underground mine.</I> The surface areas of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, excavations, and other property, real or personal, placed in, upon or above the surface of such land by any person, used in, or to be used in, or resulting from, the work of extracting bituminous coal, lignite, or anthracite from its natural deposits underground by any means or method, and the work of preparing the coal so extracted, including custom coal preparation facilities.
</P>
<P><I>Surface worksite.</I> Any area in which miners work at a surface coal mine or surface work area of an underground coal mine.
</P>
<P><I>Valid respirable dust sample.</I> A respirable dust sample collected and submitted as required by this part, including any sample for which the data were electronically transmitted to MSHA, and not voided by MSHA.
</P>
<P><I>Work position.</I> An occupation identified by an MSHA three-digit code number describing a location to which a miner is assigned in the performance of his or her normal duties.
</P>
<CITA TYPE="N">[79 FR 24980, May 1, 2014, as amended at 89 FR 28476, Apr. 18, 2024]




</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.12.35.2" TYPE="SUBPART">
<HEAD>Subpart B—Dust Standards</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24981, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 71.100" NODE="30:1.0.1.12.35.2.211.1" TYPE="SECTION">
<HEAD>§ 71.100   Respirable dust standard.</HEAD>
<P>Each operator shall continuously maintain the average concentration of respirable dust in the mine atmosphere during each shift to which each miner in the active workings of each mine is exposed, as measured with an approved sampling device and expressed in terms of an equivalent concentration, at or below:
</P>
<P>(a) 2.0 milligrams of respirable dust per cubic meter of air (mg/m
<SU>3</SU>).
</P>
<P>(b) 1.5 mg/m
<SU>3</SU> as of August 1, 2016.




</P>
</DIV8>


<DIV8 N="§ 71.101" NODE="30:1.0.1.12.35.2.211.2" TYPE="SECTION">
<HEAD>§ 71.101   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.12.35.3" TYPE="SUBPART">
<HEAD>Subpart C—Sampling Procedures</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24982, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 71.201" NODE="30:1.0.1.12.35.3.211.1" TYPE="SECTION">
<HEAD>§ 71.201   Sampling; general and technical requirements.</HEAD>
<P>(a) Each operator shall take representative samples of the concentration of respirable dust in the active workings of the mine as required by this part only with an approved CMDPSU. On February 1, 2016, the operator may use an approved CPDM if the operator notifies the District Manager in writing that only an approved CPDM will be used for all DWP sampling at the mine. The notification must be received at least 90 days before the beginning of the quarter in which CPDMs will be used to collect the DWP samples.
</P>
<P>(b) Sampling devices shall be worn or carried directly to and from the DWP to be sampled. Sampling devices shall remain with the DWP and shall be operational during the entire shift, which includes the total time spent in the DWP and while traveling to and from the DWP being sampled. If the work shift to be sampled is longer than 12 hours and the sampling device is:
</P>
<P>(1) A CMDPSU, the operator shall switch-out the unit's sampling pump prior to the 13th-hour of operation.
</P>
<P>(2) A CPDM, the operator shall switch-out the CPDM with a fully charged device prior to the 13th-hour of operation.
</P>
<P>(c) If using a CMDPSU, one control filter shall be used for each shift of sampling. Each control filter shall:
</P>
<P>(1) Have the same pre-weight data (noted on the dust data card) as the filters used for sampling;
</P>
<P>(2) Remain plugged at all times;
</P>
<P>(3) Be used for the same amount of time, and exposed to the same temperature and handling conditions as the filters used for sampling; and
</P>
<P>(4) Be kept with the exposed samples after sampling and in the same mailing container when transmitted to MSHA.
</P>
<P>(d) Records showing the length of each normal work shift for each DWP shall be made and retained for at least six months and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners, and submitted to the District Manager when requested in writing.
</P>
<P>(e) Upon request from the District Manager, the operator shall submit the date and time any respirable dust sampling required by this part will begin. This information shall be submitted at least 48 hours prior to scheduled sampling.
</P>
<P>(f) Upon written request by the operator, the District Manager may waive the rain restriction for a normal work shift as defined in § 71.2 for a period not to exceed two months, if the District Manager determines that:
</P>
<P>(1) The operator will not have reasonable opportunity to complete the respirable dust sampling required by this part without the waiver because of the frequency of rain; and
</P>
<P>(2) The operator did not have reasonable opportunity to complete the respirable dust sampling required by this part prior to requesting the waiver.
</P>
<P>(g) Operators using CPDMs shall provide training to all miners expected to wear the CPDM. The training shall be completed prior to a miner wearing the CPDM and then every 12 months thereafter. The training shall include:
</P>
<P>(1) The importance of monitoring dust concentrations and properly wearing the CPDM;
</P>
<P>(2) Explaining the basic features and capabilities of the CPDM;
</P>
<P>(3) Discussing the various types of information displayed by the CPDM and how to access that information; and
</P>
<P>(4) How to start and stop a short-term sample run during compliance sampling.
</P>
<P>(h) An operator shall keep a record of the CPDM training at the mine site for 24 months after completion of the training. An operator may keep the record elsewhere if the record is immediately accessible from the mine site by electronic transmission. Upon request from an authorized representative of the Secretary, Secretary of HHS, or representative of miners, the operator shall promptly provide access to any such training records. The record shall include:
</P>
<P>(1) The date of training;
</P>
<P>(2) The names of miners trained; and
</P>
<P>(3) The subjects included in the training.


</P>
</DIV8>


<DIV8 N="§ 71.202" NODE="30:1.0.1.12.35.3.211.2" TYPE="SECTION">
<HEAD>§ 71.202   Certified person; sampling.</HEAD>
<P>(a) The respirable dust sampling required by this part shall be performed by a certified person.
</P>
<P>(b) To be certified, a person shall complete the applicable MSHA course of instruction and pass the MSHA examination demonstrating competency in sampling procedures. Persons not certified in sampling, and those certified only in maintenance and calibration procedures in accordance with § 71.203(b), are not permitted to collect respirable dust samples required by this part or handle approved sampling devices when being used in sampling.
</P>
<P>(c) To maintain certification, a person must pass the MSHA examination demonstrating competency in sampling procedures every three years.
</P>
<P>(d) MSHA may revoke a person's certification for failing to properly carry out the required sampling procedures.


</P>
</DIV8>


<DIV8 N="§ 71.203" NODE="30:1.0.1.12.35.3.211.3" TYPE="SECTION">
<HEAD>§ 71.203   Certified person; maintenance and calibration.</HEAD>
<P>(a) Approved sampling devices shall be maintained and calibrated by a certified person.
</P>
<P>(b) To be certified, a person shall complete the applicable MSHA course of instruction and pass the MSHA examination demonstrating competency in maintenance and calibration procedures for approved sampling devices. Necessary maintenance of the sampling head assembly of a CMDPSU, or the cyclone assembly of a CPDM, can be performed by persons certified in sampling or maintenance and calibration.
</P>
<P>(c) To maintain certification, a person must pass the MSHA examination demonstrating competency in maintenance and calibration procedures every three years.
</P>
<P>(d) MSHA may revoke a person's certification for failing to properly carry out the required maintenance and calibration procedures.


</P>
</DIV8>


<DIV8 N="§ 71.204" NODE="30:1.0.1.12.35.3.211.4" TYPE="SECTION">
<HEAD>§ 71.204   Approved sampling devices; maintenance and calibration.</HEAD>
<P>(a) Approved sampling devices shall be maintained as approved under part 74 of this chapter and calibrated in accordance with MSHA Informational Report IR 1240 (1996) “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers” or in accordance with the manufacturer's recommendations if using a CPDM. Only persons certified in maintenance and calibration can perform maintenance work on the CPDM or on the pump unit of the CMDPSU.
</P>
<P>(b) Sampling devices shall be calibrated at the flowrate of 2.0 liters of air per minute (L/min) if using a CMDPSU, or at 2.2 L/min if using a CPDM, or at a different flowrate recommended by the manufacturer, before they are put into service and, thereafter, at time intervals recommended by the manufacturer or prescribed by the Secretary or Secretary of HHS.
</P>
<P>(c) If using a CMDPSU, sampling devices shall be examined and tested by a person certified in sampling or in maintenance and calibration within 3 hours before the start of the shift on which the approved sampling devices will be used to collect respirable dust samples. This is to assure that the sampling devices are clean and in proper working condition. This examination and testing shall include the following:
</P>
<P>(1) Examination of all components of the cyclone assembly to assure that they are clean and free of dust and dirt. This includes examining the interior of the connector barrel (located between the cassette assembly and vortex finder), vortex finder, cyclone body, and grit pot;
</P>
<P>(2) Examination of the inner surface of the cyclone body to assure that it is free of scoring or scratch marks on the inner surface of the cyclone where the air flow is directed by the vortex finder into the cyclone body;
</P>
<P>(3) Examination of the external hose connecting the pump unit to the sampling head assembly to assure that it is clean and free of leaks; and
</P>
<P>(4) Examination of the clamping and positioning of the cyclone body, vortex finder, and cassette to assure that they are rigid, in alignment, firmly in contact, and airtight.
</P>
<P>(5) Testing the voltage of each battery while under actual load to assure the battery is fully charged. This requires that a fully assembled and examined sampling head assembly be attached to the pump inlet with the pump unit running when the voltage check is made. The voltage for the batteries used in the CMDPSU shall not be lower than the product of the number of cells in the battery multiplied by the manufacturer's nominal voltage per cell value.
</P>
<P>(d) If using a CPDM, the certified person in sampling or in maintenance and calibration shall:
</P>
<P>(1) Follow the pre-operational examinations, testing, and set-up procedures, and perform necessary external maintenance recommended by the manufacturer to assure the operational readiness of the CPDM within 3 hours before the start of the shift on which the sampling devices will be used to collect respirable dust samples; and
</P>
<P>(2) Perform other required scheduled examinations and maintenance procedures recommended by the manufacturer.
</P>
<P>(e) You must proceed in accordance with “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers,” MSHA Informational Report IR 1240 (1996), referenced in paragraph (a) of this section. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the MSHA Web site at <I>http://www.msha.gov</I> and you may inspect or obtain a copy at MSHA, Coal Mine Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9500; and at each MSHA Coal Mine Safety and Health District Office, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[79 FR 24982, May 1, 2014, as amended at 80 FR 52989, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]




</CITA>
</DIV8>


<DIV8 N="§ 71.205" NODE="30:1.0.1.12.35.3.211.5" TYPE="SECTION">
<HEAD>§ 71.205   Approved sampling devices; operation; air flowrate.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) Approved sampling devices shall be operated at the flowrate of 2.0 L/min, if using a CMDPSU; at 2.2 L/min, if using a CPDM; or at a different flowrate recommended by the manufacturer.
</P>
<P>(b) If using a CMDPSU, each sampling device shall be examined each shift by a person certified in sampling during:
</P>
<P>(1) The second hour after being put into operation to assure it is in the proper location, operating properly, and at the proper flowrate. If the proper flowrate is not maintained, necessary adjustments shall be made by the certified person.
</P>
<P>(2) The last hour of operation to assure that it is operating properly and at the proper flowrate. If the proper flowrate is not maintained, the respirable dust sample shall be transmitted to MSHA with a notation by the certified person on the back of the dust data card stating that the proper flowrate was not maintained. Other events occurring during the collection of respirable dust samples that may affect the validity of the sample, such as dropping of the sampling head assembly onto the mine floor, shall be noted on the back of the dust data card.
</P>
<P>(c) If using a CPDM, the person certified in sampling shall monitor the dust concentrations and the sampling status conditions being reported by the sampling device at mid-shift or more frequently as specified in the approved respirable dust control plan, if applicable, to assure: The sampling device is in the proper location and operating properly; and the work environment of the occupation being sampled remains in compliance with the standard at the end of the shift.
</P>
<CITA TYPE="N">[89 FR 28476, 28477, Apr. 18, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 71.206" NODE="30:1.0.1.12.35.3.211.6" TYPE="SECTION">
<HEAD>§ 71.206   Quarterly sampling; designated work positions.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) Each operator shall take one valid representative sample from the DWP during each quarterly period. The quarterly periods are:
</P>
<P>(1) January 1-March 31
</P>
<P>(2) April 1-June 30
</P>
<P>(3) July 1-September 30
</P>
<P>(4) October 1-December 31.
</P>
<P>(b) [Reserved]
</P>
<P>(c) Designated work position samples shall be collected at locations to measure respirable dust generation sources in the active workings. The specific work positions at each mine where DWP samples shall be collected include:
</P>
<P>(1) Each highwall drill operator (MSHA occupation code 384);
</P>
<P>(2) Bulldozer operators (MSHA occupation code 368); and
</P>
<P>(3) Other work positions designated by the District Manager for sampling in accordance with § 71.206(m).
</P>
<P>(d) Operators with multiple work positions specified in paragraphs (b)(2) and (3) of this section shall sample the DWP exposed to the greatest respirable dust concentration in each work position performing the same activity or task at the same location at the mine and exposed to the same dust generation source. Each operator shall provide the District Manager with a list identifying the specific work positions where DWP samples will be collected for:
</P>
<P>(1) Active mines—by October 1, 2014.
</P>
<P>(2) New mines—Within 30 calendar days of mine opening.
</P>
<P>(3) DWPs with a change in operational status that increases or reduces the number of active DWPs—within 7 calendar days of the change in status.
</P>
<P>(e) Each DWP sample shall be taken on a normal work shift. If a normal work shift is not achieved, the respirable dust sample shall be transmitted to MSHA with a notation by the person certified in sampling on the back of the dust data card stating that the sample was not taken on a normal work shift. When a normal work shift is not achieved, the sample for that shift may be voided by MSHA. However, any sample, regardless of whether a normal work shift was achieved, that exceeds the standard by at least 0.1 mg/m
<SU>3</SU> shall be used in the determination of the equivalent concentration for that occupation.
</P>
<P>(f) Unless otherwise directed by the District Manager, DWP samples shall be taken by placing the sampling device as follows:
</P>
<P>(1) <I>Equipment operator:</I> On the equipment operator or on the equipment within 36 inches of the operator's normal working position.
</P>
<P>(2) <I>Non-equipment operators:</I> On the miner assigned to the DWP or at a location that represents the maximum concentration of dust to which the miner is exposed.
</P>
<P>(g) Upon notification from MSHA that any valid representative sample taken from a DWP to meet the requirements of paragraph (a) of this section exceeds the standard, the operator shall, within 15 calendar days of notification, sample that DWP each normal work shift until five valid representative samples are taken. The operator shall begin sampling on the first normal work shift following receipt of notification.
</P>
<P>(h) When a valid representative sample taken in accordance with this section meets or exceeds the excessive concentration value (ECV) in table 1 to this section that corresponds to the particular sampling device used, the mine operator shall:
</P>
<P>(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
</P>
<P>(2) Immediately take corrective action to lower the concentration of respirable coal mine dust to at or below the standard; and
</P>
<P>(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
</P>
<P>(i) Noncompliance with the standard is demonstrated during the sampling period when:
</P>
<P>(1) Two or more valid representative samples meet or exceed the ECV in table 1 to this section that corresponds to the particular sampling device used; or
</P>
<P>(2) The average for all valid representative samples meets or exceeds the ECV in table 1 to this section that corresponds to the particular sampling device used.
</P>
<P>(j) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the standard, paragraph (a) of this section shall not apply to that DWP until the violation is abated and the citation is terminated in accordance with paragraphs (j) and (k) of this section.
</P>
<P>(k) Upon issuance of a citation for violation of the standard, the operator shall take the following actions sequentially:
</P>
<P>(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
</P>
<P>(2) Immediately take corrective action to lower the concentration of respirable coal mine dust to at or below the standard; and
</P>
<P>(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
</P>
<P>(4) Begin sampling, within 8 calendar days after the date the citation is issued, the environment of the affected DWP on consecutive normal work shifts until five valid representative samples are taken.
</P>
<P>(l) A citation for violation of the standard shall be terminated by MSHA when the equivalent concentration of each of the five valid representative samples is at or below the standard.
</P>
<P>(m) The District Manager may designate for sampling under this section additional work positions at a surface coal mine and at a surface work area of an underground coal mine where a concentration of respirable dust exceeding 50 percent of the standard has been measured by one or more MSHA valid representative samples.
</P>
<P>(n) The District Manager may withdraw from sampling any DWP designated for sampling under paragraph (m) of this section upon finding that the operator is able to maintain continuing compliance with the standard. This finding shall be based on the results of MSHA and operator valid representative samples taken during at least a 12-month period.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1 to § 71.206—Excessive Concentration Values (ECV) Based on a Single Sample, Two Samples, or the Average of Five Full-Shift CMDPSU/CPDM Concentration Measurements
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Section
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Samples
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">ECV (mg/m
<sup>3</sup>)
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">CMDPSU
</TH><TH class="gpotbl_colhed" scope="col">CPDM
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.206(h)</TD><TD align="left" class="gpotbl_cell">Single sample</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.206(i)(1)</TD><TD align="left" class="gpotbl_cell">2 or more samples</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.206(i)(2)</TD><TD align="left" class="gpotbl_cell">5 sample average</TD><TD align="right" class="gpotbl_cell">1.63</TD><TD align="right" class="gpotbl_cell">1.59
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71.206(l)</TD><TD align="left" class="gpotbl_cell">Each of 5 samples</TD><TD align="right" class="gpotbl_cell">1.79</TD><TD align="right" class="gpotbl_cell">1.70</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[89 FR 28477, 28478, Apr. 18, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 71.207" NODE="30:1.0.1.12.35.3.211.7" TYPE="SECTION">
<HEAD>§ 71.207   Respirable dust samples; transmission by operator.</HEAD>
<P>(a) If using a CMDPSU, the operator shall transmit within 24 hours after the end of the sampling shift all samples collected to fulfill the requirements of this part, including control filters, in containers provided by the manufacturer of the filter cassette to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to any other address designated by the District Manager.
</P>
<P>(b) The operator shall not open or tamper with the seal of any filter cassette or alter the weight of any filter cassette before or after it is used to fulfill the requirements of this part.
</P>
<P>(c) A person certified in sampling shall properly complete the dust data card that is provided by the manufacturer for each filter cassette. The card shall have an identification number identical to that on the cassette used to take the sample and be submitted to MSHA with the sample. Each card shall be signed by the certified person who actually performed the required examinations under 71.205(b) of this part during the sampling shift and shall include that person's MSHA Individual Identification Number (MIIN). Respirable dust samples with data cards not properly completed may be voided by MSHA.
</P>
<P>(d) All respirable dust samples collected by the operator shall be considered taken to fulfill the sampling requirements of part 70, 71, or 90 of this title, unless the sample has been identified in writing by the operator to the District Manager, prior to the intended sampling shift, as a sample to be used for purposes other than required by part 70, 71, or 90 of this title.
</P>
<P>(e) Respirable dust samples received by MSHA in excess of those required by this part shall be considered invalid samples.
</P>
<P>(f) If using a CPDM, the person certified in sampling shall (1) validate, certify, and transmit electronically to MSHA within 24 hours after the end of each sampling shift all sample data file information collected and stored in the CPDM, including the sampling status conditions encountered when sampling each DWP; and (2) not tamper with the CPDM or its components in any way before, during, or after it is used to fulfill the requirements of this part, or alter any sample data files. All CPDM data files transmitted electronically to MSHA shall be maintained by the operator for at least 12 months.
</P>
<CITA TYPE="N">[79 FR 24982, May 1, 2014, as amended at 80 FR 52989, Sept. 2, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 71.208" NODE="30:1.0.1.12.35.3.211.8" TYPE="SECTION">
<HEAD>§ 71.208   Respirable dust samples; report to operator; posting.</HEAD>
<P>(a) MSHA shall provide the operator, as soon as practicable, a report with the following data on respirable dust samples submitted or whose results were transmitted electronically, if using a CPDM, in accordance with this part:
</P>
<P>(1) The mine identification number;
</P>
<P>(2) The DWP at the mine from which the samples were taken;
</P>
<P>(3) The concentration of respirable dust, expressed as an equivalent concentration for each valid sample;
</P>
<P>(4) The average equivalent concentration of respirable dust for all valid samples;
</P>
<P>(5) The occupation code; and
</P>
<P>(6) The reason for voiding any sample.
</P>
<P>(b) Upon receipt, the operator shall post this data for at least 31 days on the mine bulletin board.
</P>
<P>(c) If using a CPDM, the person certified in sampling shall, within 12 hours after the end of each sampling shift, print, sign, and post on the mine bulletin board a paper record (Dust Data Card) of each sample run. This hard-copy record shall include the data entered when the sample run was first programmed, and the following:
</P>
<P>(1) The mine identification number;
</P>
<P>(2) The DWP at the mine from which the samples were taken;
</P>
<P>(3) The concentration of respirable dust, expressed as an equivalent concentration reported and stored for each sample;
</P>
<P>(4) The sampling status conditions encountered for each sample; and
</P>
<P>(5) The shift length.
</P>
<P>(d) The information required by paragraph (c) of this section shall remain posted until receipt of the MSHA report covering these respirable dust samples.


</P>
</DIV8>


<DIV8 N="§ 71.209" NODE="30:1.0.1.12.35.3.211.9" TYPE="SECTION">
<HEAD>§ 71.209   Status change reports.</HEAD>
<P>(a) If there is a change in operational status that affects the respirable dust sampling requirements of this part, the operator shall report the change in operational status of the mine or DWP to the MSHA District Office or to any other MSHA office designated by the District Manager. Status changes shall be reported in writing or electronically within 3 working days after the status change has occurred.
</P>
<P>(b) Each specific operational status is defined as follows:
</P>
<P>(1) Underground mine:
</P>
<P>(i) Producing—has at least one mechanized mining unit producing material.
</P>
<P>(ii) Nonproducing—no material is being produced.
</P>
<P>(iii) Abandoned—the work of all miners has been terminated and production activity has ceased.
</P>
<P>(2) Surface mine:
</P>
<P>(i) Producing—normal activity is occurring and coal is being produced or processed or other material or equipment is being handled or moved.
</P>
<P>(ii) Nonproducing—normal activity is not occurring and coal is not being produced or processed, and other material or equipment is not being handled or moved.
</P>
<P>(iii) Abandoned—the work of all miners has been terminated and all activity has ceased.
</P>
<P>(3) DWP:
</P>
<P>(i) Producing—normal activity is occurring.
</P>
<P>(ii) Nonproducing—normal activity is not occurring.
</P>
<P>(iii) Abandoned—the dust generating source has been withdrawn and activity has ceased.


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.12.35.4" TYPE="SUBPART">
<HEAD>Subpart D—Respirable Dust Control Plans</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24985, May 1, 2014, unless otherwise noted.




</PSPACE></SOURCE>

<DIV8 N="§ 71.300" NODE="30:1.0.1.12.35.4.211.1" TYPE="SECTION">
<HEAD>§ 71.300   Respirable dust control plan; filing requirements.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) Within 15 calendar days after the termination date of a citation for violation of the standard, the operator shall submit to the District Manager for approval a written respirable dust control plan applicable to the DWP identified in the citation. The respirable dust control plan and revisions thereof shall be suitable to the conditions and the mining system of the coal mine and shall be adequate to continuously maintain respirable dust to at or below the standard at the DWP identified in the citation.
</P>
<P>(1) The mine operator shall notify the representative of miners at least 5 days prior to submission of a respirable dust control plan and any revision to a dust control plan. If requested, the mine operator shall provide a copy to the representative of miners at the time of notification;
</P>
<P>(2) A copy of the proposed respirable dust control plan, and a copy of any proposed revision, submitted for approval shall be made available for inspection by the representative of miners; and
</P>
<P>(3) A copy of the proposed respirable dust control plan, and a copy of any proposed revision, submitted for approval shall be posted on the mine bulletin board at the time of submittal. The proposed plan or proposed revision shall remain posted until it is approved, withdrawn, or denied.
</P>
<P>(4) Following receipt of the proposed plan or proposed revision, the representative of miners may submit timely comments to the District Manager, in writing, for consideration during the review process. Upon request, a copy of these comments shall be provided to the operator by the District Manager.
</P>
<P>(b) Each respirable dust control plan shall include at least the following:
</P>
<P>(1) The mine identification number and DWP number assigned by MSHA, the operator's name, mine name, mine address, and mine telephone number and the name, address, and telephone number of the principal officer in charge of health and safety at the mine;
</P>
<P>(2) The specific DWP at the mine to which the plan applies;
</P>
<P>(3) A detailed description of the specific respirable dust control measures used to abate the violation of the respirable dust standard; and
</P>
<P>(4) A detailed description of how each of the respirable dust control measures described in response to paragraph (b)(3) of this section will continue to be used by the operator, including at least the specific time, place and manner the control measures will be used.
</P>
<CITA TYPE="N">[89 FR 28478, Apr. 18, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 71.301" NODE="30:1.0.1.12.35.4.211.2" TYPE="SECTION">
<HEAD>§ 71.301   Respirable dust control plan; approval by District Manager and posting.</HEAD>
<P>As of April 8, 2026:
</P>
<P>(a) The District Manager will approve respirable dust control plans on a mine-by-mine basis. When approving respirable dust control plans, the District Manager shall consider whether:
</P>
<P>(1) The respirable dust control measures would be likely to maintain concentrations of respirable coal mine dust at or below the standard; and
</P>
<P>(2) The operator's compliance with all provisions of the respirable dust control plan could be objectively ascertained by MSHA.
</P>
<P>(b) MSHA may take respirable dust samples to determine whether the respirable dust control measures in the operator's plan effectively maintain concentrations of respirable coal mine dust at or below the applicable standard.
</P>
<P>(c) The operator shall comply with all provisions of each respirable dust control plan upon notice from MSHA that the respirable dust control plan is approved.
</P>
<P>(d) The approved respirable dust control plan and any revisions shall be:
</P>
<P>(1) Provided upon request to the representative of miners by the operator following notification of approval;
</P>
<P>(2) Made available for inspection by the representative of miners; and
</P>
<P>(3) Posted on the mine bulletin board within 1 working day following notification of approval, and shall remain posted for the period that the plan is in effect.
</P>
<P>(e) The operator may review respirable dust control plans and submit proposed revisions to such plans to the District Manager for approval.
</P>
<CITA TYPE="N">[89 FR 28478, 28479, Apr. 18, 2024]




</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.12.35.5" TYPE="SUBPART">
<HEAD>Subpart E—Surface Bathing Facilities, Change Rooms, and Sanitary Flush Toilet Facilities at Surface Coal Mines</HEAD>


<DIV8 N="§ 71.400" NODE="30:1.0.1.12.35.5.211.1" TYPE="SECTION">
<HEAD>§ 71.400   Bathing facilities; change rooms; sanitary flush toilet facilities.</HEAD>
<P>Each operator of a surface coal mine shall provide bathing facilities, clothing change rooms, and sanitary flush toilet facilities, as hereinafter prescribed, for the use of miners employed in the surface installations and at the surface worksites of such mine. (<E T="04">Note:</E> Sanitary facilities at surface work areas of underground mines are subject to the provisions of § 75.1712 of this chapter <I>et seq.</I>) 


</P>
</DIV8>


<DIV8 N="§ 71.401" NODE="30:1.0.1.12.35.5.211.2" TYPE="SECTION">
<HEAD>§ 71.401   Location of facilities.</HEAD>
<P>Bathhouses, change rooms, and sanitary flush toilet facilities shall be in a location convenient for the use of the miners. Where these facilities are designed to serve more than one mine, they shall be centrally located so as to be convenient for the use of all miners served by the facilities. 


</P>
</DIV8>


<DIV8 N="§ 71.402" NODE="30:1.0.1.12.35.5.211.3" TYPE="SECTION">
<HEAD>§ 71.402   Minimum requirements for bathing facilities, change rooms, and sanitary flush toilet facilities.</HEAD>
<P>(a) All bathing facilities, change rooms, and sanitary flush toilet facilities shall be provided with adequate light, heat, and ventilation so as to maintain a comfortable air temperature and to minimize the accumulation of moisture and odors, and the facilities shall be maintained in a clean and sanitary condition. 
</P>
<P>(b) Bathing facilities, change rooms, and sanitary flush toilet facilities shall be constructed and equipped so as to comply with applicable State and local building codes. However, where no State or local building codes apply to these facilities, or where no State or local building codes exist, the facilities shall be constructed and equipped so as to meet the minimum construction requirements in the National Building Code (1967 edition) and the plumbing requirements in the National Plumbing Code (ASA A40.8-1955), which documents are hereby incorporated by reference and made a part hereof. These documents are available for examination at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at every MSHA Coal Mine Safety and Health District Office. Copies of the National Plumbing Code (ASA A40.8-1955) may be purchased from the American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036; <I>http://www.ansi.org.</I>
</P>
<P>(c) In addition to the minimum requirements specified in paragraphs (a) and (b) of this section, facilities maintained in accordance with § 71.400 shall include the following: 
</P>
<P>(1) <I>Bathing facilities.</I> (i) Showers shall be provided with both hot and cold water. 
</P>
<P>(ii) At least one shower head shall be provided where five or less miners use such showers. 
</P>
<P>(iii) Where five or more miners use such showers, sufficient showers shall be furnished to provide approximately one shower head for each five miners. 
</P>
<P>(iv) A suitable nonirritating cleansing agent shall be provided for use at each shower. 
</P>
<P>(2) <I>Sanitary flush toilet facilities.</I> (i) At least one sanitary flush toilet shall be provided where 10 or less miners use such toilet facilities. 
</P>
<P>(ii) Where 10 or more miners use such toilet facilities, sufficient flush toilets shall be furnished to provide approximately one sanitary flush toilet for each 10 miners. 
</P>
<P>(iii) Where 30 or more miners use toilet facilities, one urinal may be substituted for one flush toilet, however, where such substitutions are made they shall not reduce the number of toilets below a ratio of two flush toilets to one urinal. 
</P>
<P>(iv) An adequate supply of toilet paper shall be provided with each toilet. 
</P>
<P>(v) Adequate handwashing facilities or hand lavatories shall be provided in or adjacent to each toilet facility. 
</P>
<P>(3) <I>Change rooms.</I> (i) Individual clothes storage containers or lockers shall be provided for storage of miners' clothing and other incidental personal belongings during and between shifts. 
</P>
<P>(ii) Change rooms shall be provided with sample space to permit the use of such facilities by all miners changing clothes prior to and after each shift.
</P>
<CITA TYPE="N">[37 FR 6368, Mar. 28, 1972, as amended at 43 FR 12319, Mar. 24, 1978; 67 FR 38385, June 4, 2002; 71 FR 16668, Apr. 3, 2006; 80 FR 52989, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 71.403" NODE="30:1.0.1.12.35.5.211.4" TYPE="SECTION">
<HEAD>§ 71.403   Waiver of surface facilities requirements; posting of waiver.</HEAD>
<P>(a) The Coal Mine Health and Safety District Manager for the district in which the mine is located, after consultation with the appropriate Regional Program Director, National Institute for Occupational Safety and Health, may, upon written application by the operator, and after consideration of any comments filed within 30 days after receipt of the application, waive any or all of the requirements for §§ 71.400 through 71.402 for a period not to exceed 1 year if he determines that—
</P>
<P>(1) The operator is providing or making available, under arrangements with one or more third parties, facilities which are at least equivalent to those required by the standards, or 
</P>
<P>(2) It is impractical for the operator to meet the requirement(s) or provide the facility (facilities) for which the waiver is sought. 
</P>
<P>(b) The waiver shall be in writing and shall set forth the requirement(s) which the operator will not be required to meet or the facilities which the operator will not be required to provide and the specific reason or reasons for such waiver. 
</P>
<P>(c) Upon receipt of any waiver, the operator shall post a copy of the waiver for at least 30 days on the mine bulletin board required by section 107(a) of the Act. 
</P>
<P>(d) An extension of the waiver at the end of 1 year may be sought by the operator by filing an application pursuant to § 71.404 no later than 30 days nor more than 60 days prior to the expiration date of the waiver. 
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[37 FR 6368, Mar. 28, 1972, as amended at 47 FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 71.404" NODE="30:1.0.1.12.35.5.211.5" TYPE="SECTION">
<HEAD>§ 71.404   Application for waiver of surface facilities requirements.</HEAD>
<P>(a) Application for waivers of any requirements of §§ 71.400 through 71.402 shall be in writing, filed with the appropriate Coal Mine Health and Safety District Manager, and shall contain the following information: 
</P>
<P>(1) The name and address of the mine operator, 
</P>
<P>(2) The name and location of the mine, and 
</P>
<P>(3) A detailed statement of the grounds upon which the waiver is requested and the period of time for which it is requested. 
</P>
<P>(b) At the same time the application is sent to the District Manager, a copy of the application shall be forwarded to the appropriate Regional Program Director, National Institute for Occupational Safety and Health by the operator, and a copy showing the addresses of the appropriate District Manager and Regional Program Director shall be posted by the operator for at least 30 days on the mine bulletin board required by section 107(a) of the Act. 


</P>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.12.35.6" TYPE="SUBPART">
<HEAD>Subpart F—Sanitary Toilet Facilities at Surface Worksites of Surface Coal Mines</HEAD>


<DIV8 N="§ 71.500" NODE="30:1.0.1.12.35.6.211.1" TYPE="SECTION">
<HEAD>§ 71.500   Sanitary toilet facilities at surface work sites; installation requirements.</HEAD>
<P>(a) Each operator of a surface coal mine shall provide and install at least one sanitary toilet in a location convenient to each surface work site. A single sanitary toilet may serve two or more surface work sites in the same surface mine where the sanitary toilet is convenient to each such work site.
</P>
<P>(b) Where 10 or more miners use such toilet facilities, sufficient toilets shall be furnished to provide approximately one sanitary toilet for each 10 miners.
</P>
<P>(c) Sanitary toilets shall have an attached toilet seat with a hinged lid and a toilet paper holder together with an adequate supply of toilet tissue.
</P>
<P>(d) Only flush or nonflush chemical or biological toilets, combustion or incinerating toilets, sealed bag toilets, and vault toilets meet the requirements of this section. Privies are prohibited.
</P>
<NOTE>
<HED>Note to paragraph (<E T="01">d</E>):</HED>
<P>Sanitary toilet facilities for surface work areas of underground mines are subject to the provisions of § 75.1712-3 of this chapter.)</P></NOTE>
<CITA TYPE="N">[68 FR 37087, June 23, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 71.501" NODE="30:1.0.1.12.35.6.211.2" TYPE="SECTION">
<HEAD>§ 71.501   Sanitary toilet facilities; maintenance.</HEAD>
<P>Sanitary toilets provided in accordance with the provisions of § 71.500 shall be regularly maintained in a clean and sanitary condition. Holding tanks shall be serviced and cleaned when full and in no case less than once each week when in use by draining or pumping or by removing them for cleaning and recharging. Transfer tanks and transfer equipment, if used, shall be equipped with suitable fittings to permit complete draining without spillage and allow for the sanitary transportation of wastes. Waste shall be disposed of in accordance with State and local laws and regulations. 


</P>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:1.0.1.12.35.7" TYPE="SUBPART">
<HEAD>Subpart G—Drinking Water</HEAD>


<DIV8 N="§ 71.600" NODE="30:1.0.1.12.35.7.211.1" TYPE="SECTION">
<HEAD>§ 71.600   Drinking water; general.</HEAD>
<P>An adequate supply of potable water shall be provided for drinking purposes in each surface installation and at each surface worksite of the mine. 


</P>
</DIV8>


<DIV8 N="§ 71.601" NODE="30:1.0.1.12.35.7.211.2" TYPE="SECTION">
<HEAD>§ 71.601   Drinking water; quality.</HEAD>
<P>(a) Potable water provided in accordance with the provisions of § 71.600 shall meet the applicable minimum health requirements for drinking water established by the State or community in which the mine is located. 
</P>
<P>(b) Where no such requirements are applicable, the drinking water provided shall conform to the Public Health Service Drinking Water Standards, 42 CFR part 72, subpart J. 


</P>
</DIV8>


<DIV8 N="§ 71.602" NODE="30:1.0.1.12.35.7.211.3" TYPE="SECTION">
<HEAD>§ 71.602   Drinking water; distribution.</HEAD>
<P>(a) Water shall be piped or transported in sanitary containers. Water systems and appurtenances thereto shall be constructed and maintained in accordance with State and local requirements. Where no such requirements are applicable, water systems and appurtenances shall be constructed and maintained in accordance with the National Plumbing Code (ASA A40.8—1955) which is hereby incorporated by reference and made a part hereof. (For information as to the availability of this code, see § 71.402(b).) 
</P>
<P>(b) Water transported to the site shall be carried, stored and otherwise protected in sanitary containers constructed of smooth, impervious, heavy gauge, corrosion resistant materials. The containers shall be marked with the words “Drinking Water.” 


</P>
</DIV8>


<DIV8 N="§ 71.603" NODE="30:1.0.1.12.35.7.211.4" TYPE="SECTION">
<HEAD>§ 71.603   Drinking water; dispensing requirements.</HEAD>
<P>(a) Water shall be dispensed through a drinking fountain or from a water storage container with an adequate supply of single service cups stored in a clean, sanitary manner. Water shall not be dipped from inside water storage containers. Use of a common drinking cup is prohibited. 
</P>
<P>(b) Water containers shall remain sealed at all times during use and shall not be refilled with water for reuse without first being cleaned and disinfected with the use of heat or sanitizers. 
</P>
<P>(c) Drinking fountains from which water is dispensed shall be thoroughly cleaned once each week. 
</P>
<P>(d) Ice used for cooling drinking water shall not be immersed or in direct contact with the water to be cooled, unless it has been handled in a sanitary manner and unless the ice is made from the same source as the drinking water or from water of a quality equal to the source of the drinking water. 


</P>
</DIV8>

</DIV6>


<DIV6 N="H" NODE="30:1.0.1.12.35.8" TYPE="SUBPART">
<HEAD>Subpart H—Airborne Contaminants</HEAD>


<DIV8 N="§ 71.700" NODE="30:1.0.1.12.35.8.211.1" TYPE="SECTION">
<HEAD>§ 71.700   Inhalation hazards; threshold limit values for gases, dust, fumes, mists, and vapors.</HEAD>
<P>(a) No operator of an underground coal mine and no operator of a surface coal mine may permit any person working at a surface installation or surface worksite to be exposed to airborne contaminants (other than respirable coal mine dust, respirable dust containing quartz, and asbestos dust) in excess of, on the basis of a time-weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists in “Threshold Limit Values of Airborne Contaminants” (1972), which is hereby incorporated by reference and made a part hereof. Excursions above the listed threshold limit values shall not be of greater magnitude than is characterized as permissible by the conference. This paragraph does not apply to airborne contaminants given a “C” designation by the conference in the document. This document is available for examination at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at every MSHA Coal Mine Safety and Health District Office. Copies of the document may be purchased from the American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; 513-742-2020; <I>http://www.acgih.org.</I>
</P>
<P>(b) All persons, including employees, shall be withdrawn from any area in which there is a concentration of an airborne contaminant given a “C” designation by the Conference which exceeds the threshold limit value (ceiling “C” limit) listed for that contaminant. 
</P>
<CITA TYPE="N">[37 FR 6368, Mar. 28, 1972, as amended at 39 FR 17101, May 13, 1974; 43 FR 12319, Mar. 24, 1978. Redesignated at 45 FR 80756, Dec. 5, 1980, as amended at 67 FR 38385, June 4, 2002; 71 FR 16668, Apr. 3, 2006; 80 FR 52990, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 71.701" NODE="30:1.0.1.12.35.8.211.2" TYPE="SECTION">
<HEAD>§ 71.701   Sampling; general requirements.</HEAD>
<P>(a) Air samples will be taken by the Secretary and will be analyzed to determine the concentrations of noxious or poisonous gases, dusts, fumes, mists, and vapors in surface installations and at surface worksites. 
</P>
<P>(b) Upon written notification by the Secretary to the operator of an underground coal mine or of a surface coal mine, the operator shall conduct any additional air sampling tests and analyses as the Secretary may from time to time require in order to ensure compliance with the standards set forth in § 71.700 in each surface installation and at each surface worksite.
</P>
<P>(c) Where concentrations of airborne contaminants in excess of the applicable threshold limit values, permissible exposure limits, or permissible excursions are known by the operator to exist in a surface installation or at a surface worksite, the operator shall immediately provide necessary control measures to assure compliance with § 71.700 or § 71.702, as applicable.
</P>
<P>(d) Where the operator has reasonable grounds to believe that concentrations of airborne contaminants in excess of the applicable threshold limit values, permissible exposure limits, or permissible excursions exist, or are likely to exist, the operator shall promptly conduct appropriate air sampling tests to determine the concentration of any airborne contaminant which may be present and immediately provide the necessary control measures to assure compliance with § 71.700 or § 71.702, as applicable.
</P>
<CITA TYPE="N">[37 FR 6368, Mar. 28, 1972. Redesignated at 45 FR 80756, Dec. 5, 1980; 73 FR 11304, Feb. 29, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 71.702" NODE="30:1.0.1.12.35.8.211.3" TYPE="SECTION">
<HEAD>§ 71.702   Asbestos standard.</HEAD>
<P>(a) <I>Definitions.</I> Asbestos is a generic term for a number of asbestiform hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils.
</P>
<P><I>Asbestos</I> means chrysotile, cummingtonite-grunerite asbestos (amosite), crocidolite, anthophylite asbestos, tremolite asbestos, and actinolite asbestos.
</P>
<P><I>Asbestos fiber</I> means a fiber of asbestos that meets the criteria of a fiber.
</P>
<P><I>Fiber</I> means a particle longer than 5 micrometers (µm) with a length-to-diameter ratio of at least 3-to-1.
</P>
<P>(b) <I>Permissible Exposure Limits (PELs)</I>—(1) <I>Full-shift limit.</I> A miner's personal exposure to asbestos shall not exceed an 8-hour time-weighted average full-shift airborne concentration of 0.1 fiber per cubic centimeter of air (f/cc).
</P>
<P>(2) <I>Excursion limit.</I> No miner shall be exposed at any time to airborne concentrations of asbestos in excess of 1 fiber per cubic centimeter of air (f/cc) as averaged over a sampling period of 30 minutes.
</P>
<P>(c) <I>Measurement of airborne asbestos fiber concentration.</I> Potential asbestos fiber concentration shall be determined by phase contrast microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos standard found in 29 CFR 1910.1001, Appendix A, or a method at least equivalent to that method in identifying a potential asbestos exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit. When PCM results indicate a potential exposure exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit, samples shall be further analyzed using transmission electron microscopy according to NIOSH Method 7402 or a method at least equivalent to that method.
</P>
<CITA TYPE="N">[73 FR 11304, Feb. 29, 2008, as amended at 73 FR 66172, Nov. 7, 2008]


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="72" NODE="30:1.0.1.12.36" TYPE="PART">
<HEAD>PART 72—HEALTH STANDARDS FOR COAL MINES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 813(h), 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>59 FR 8327, Feb. 18, 1994, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.12.36.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 72.1" NODE="30:1.0.1.12.36.1.211.1" TYPE="SECTION">
<HEAD>§ 72.1   Scope.</HEAD>
<P>The health standards in this part apply to all coal mines. 


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.12.36.2" TYPE="SUBPART">
<HEAD>Subpart B—Medical Surveillance</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24986, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 72.100" NODE="30:1.0.1.12.36.2.211.1" TYPE="SECTION">
<HEAD>§ 72.100   Periodic examinations.</HEAD>
<P>(a) Each operator of a coal mine shall provide to each miner periodic examinations including chest x-rays, spirometry, symptom assessment, and occupational history at a frequency specified in this section and at no cost to the miner.
</P>
<P>(1) Each operator shall use facilities approved by the National Institute for Occupational Safety and Health (NIOSH) to provide examinations specified in paragraph (a) of this section.
</P>
<P>(2) The results of examinations or tests made pursuant to this section shall be furnished only to the Secretary, Secretary of Health and Human Services (HHS), and at the request of the miner, to the miner's designated physician.
</P>
<P>(b) <I>Voluntary examinations.</I> Each operator shall provide the opportunity to have the examinations specified in § 72.100(a) at least every 5 years to all miners employed at a coal mine. The examinations shall be available during a 6-month period that begins no less than 3.5 years and not more than 4.5 years from the end of the last 6-month period.
</P>
<P>(c) <I>Mandatory examinations.</I> For each miner who begins work at a coal mine for the first time, the operator shall provide examinations specified in § 72.100(a) as follows:
</P>
<P>(1) An initial examination no later than 30 days after beginning employment;
</P>
<P>(2) A follow-up examination no later than 3 years after the initial examination in paragraph (c)(1); and
</P>
<P>(3) A follow-up examination no later than 2 years after the examinations in paragraph (c)(2) if the chest x-ray shows evidence of pneumoconiosis or the spirometry examination indicates evidence of decreased lung function. For this purpose, evidential criteria will be defined by NIOSH.
</P>
<P>(d) Each mine operator shall develop and submit for approval to NIOSH a plan in accordance with 42 CFR part 37 for providing miners with the examinations specified in § 72.100(a) and a roster specifying the name and current address of each miner covered by the plan.
</P>
<P>(e) Each mine operator shall post on the mine bulletin board at all times the approved plan for providing the examinations specified in § 72.100(a).


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.12.36.3" TYPE="SUBPART">
<HEAD>Subpart C [Reserved]</HEAD>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.12.36.4" TYPE="SUBPART">
<HEAD>Subpart D—Diesel Particulate Matter—Underground Areas of Underground Coal Mines</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>66 FR 5704, Jan. 19, 2001, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 72.500" NODE="30:1.0.1.12.36.4.211.1" TYPE="SECTION">
<HEAD>§ 72.500   Emission limits for permissible diesel-powered equipment.</HEAD>
<XREF ID="20260625" REFID="38">Link to an amendment published at 91 FR 38283, June 25, 2026.</XREF>
<P>(a) Each piece of permissible diesel-powered equipment introduced into an underground area of an underground coal mine after May 21, 2001 must emit no more than 2.5 grams per hour of diesel particulate matter. 
</P>
<P>(b) As of July 19, 2002, each piece of permissible diesel-powered equipment operated in an underground area of an underground coal mine must emit no more than 2.5 grams per hour of diesel particulate matter. 
</P>
<CITA TYPE="N">[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 72.501" NODE="30:1.0.1.12.36.4.211.2" TYPE="SECTION">
<HEAD>§ 72.501   Emission limits for nonpermissible heavy-duty diesel-powered equipment, generators and compressors.</HEAD>
<XREF ID="20260625" REFID="39">Link to an amendment published at 91 FR 38283, June 25, 2026.</XREF>
<P>(a) Each piece of nonpermissible heavy-duty diesel-powered equipment (as defined by § 75.1908(a) of this part), generator or compressor introduced into an underground area of an underground coal mine after May 21, 2001 must emit no more than 5.0 grams per hour of diesel particulate matter. 
</P>
<P>(b) As of July 21, 2003, each piece of nonpermissible heavy-duty diesel-powered equipment (as defined by § 75.1908(a) of this part), generator or compressor operated in an underground area of an underground coal mine must emit no more than 5.0 grams per hour of diesel particulate matter. 
</P>
<P>(c) As of January 19, 2005, each piece of nonpermissible heavy-duty diesel-powered equipment (as defined by § 75.1908(a) of this part), generator or compressor operated in an underground area of an underground coal mine must emit no more than 2.5 grams per hour of diesel particulate matter. 
</P>
<P>(d) Notwithstanding the other provisions of this section, a generator or compressor that discharges its exhaust directly into intake air that is coursed directly to a return air course, or discharges its exhaust directly into a return air course, is not subject to the applicable requirements of this section. 
</P>
<CITA TYPE="N">[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 72.502" NODE="30:1.0.1.12.36.4.211.3" TYPE="SECTION">
<HEAD>§ 72.502   Requirements for nonpermissible light-duty diesel-powered equipment other than generators and compressors.</HEAD>
<P>(a) Each piece of nonpermissible light-duty diesel-powered equipment (as defined by § 75.1908(b) of this chapter), other than generators and compressors, introduced into an underground area of an underground coal mine after May 21, 2001 must emit no more than 5.0 grams per hour of diesel particulate matter. 
</P>
<P>(b) A piece of nonpermissible light-duty diesel-powered equipment must be deemed to be in compliance with the requirements of paragraph (a) of this section if it utilizes an engine which meets or exceeds the applicable particulate matter emission requirements of the Environmental Protection Administration listed in Table 72.502-1, as follows: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 72.502-1 
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">EPA requirement 
</TH><TH class="gpotbl_colhed" scope="col">EPA category 
</TH><TH class="gpotbl_colhed" scope="col">PM limit 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 CFR 86.094-8(a)(1)(I)(A)(2)</TD><TD align="left" class="gpotbl_cell">light duty vehicle</TD><TD align="left" class="gpotbl_cell">0.1 g/mile. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 CFR 86.094-9(a)(1)(I)(A)(2)</TD><TD align="left" class="gpotbl_cell">light duty truck</TD><TD align="left" class="gpotbl_cell">0.1 g/mile. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 CFR 86.094-11(a)(1)(iv)(B)</TD><TD align="left" class="gpotbl_cell">heavy duty highway engine</TD><TD align="left" class="gpotbl_cell">0.1 g/bhp-hr. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 CFR 89.112(a)</TD><TD align="left" class="gpotbl_cell">Tier 2 nonroad</TD><TD align="left" class="gpotbl_cell">Varies by power: 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">kW&lt;(hp&lt;11)</TD><TD align="left" class="gpotbl_cell">0.80 g/kW-hr (0.60 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">8≤kW&lt;19 (11≤hp&lt;25)</TD><TD align="left" class="gpotbl_cell">0.80 g/kW-hr (0.60 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">19≤kW&lt;37 (25≤hp&lt;50)</TD><TD align="left" class="gpotbl_cell">0.60 g/kW-hr (0.45 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">37≤kW&lt;75 (50≤hp&lt;100)</TD><TD align="left" class="gpotbl_cell">0.40 g/kW-hr (0.30 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">75≤kW&lt;130 (100≤hp&lt;175)</TD><TD align="left" class="gpotbl_cell">0.30 g/kW-hr (0.22 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">130≤kW&lt;225 (175≤hp&lt;300)</TD><TD align="left" class="gpotbl_cell">0.20 g/kW-hr (0.15 g/bhp-hr). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">225≤kW&lt;450 (300≤hp&lt;600)</TD><TD align="left" class="gpotbl_cell">0.20 g/kW-hr (0.15 g/bhp-hr).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">450≤kW&lt;560 (600≤hp&lt;750)”</TD><TD align="left" class="gpotbl_cell">0.20 g/kW-hr (0.15 g/bhp-hr)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">kW≥560 (hp≥750)</TD><TD align="left" class="gpotbl_cell">0.20 g/kW-hr (0.15 g/bhp-hr)
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note"><E T="04">Notes:</E> “g” means grams; “kW” means kilowatt; “hp” means horsepower; “g/kW-hr” means grams/kilowatt-hour; “g/bhp-hr” means grams/brake horsepower-hour.</P></DIV></DIV>
<P>(c) The requirements of this section do not apply to any diesel-powered ambulance or fire fighting equipment that is being used in accordance with the mine fire fighting and evacuation plan under § 75.1502. 
</P>
<CITA TYPE="N">[66 FR 5704, Jan. 19, 2001, as amended at 66 FR 15033, Mar. 15, 2001; 66 FR 27866, May 21, 2001; 70 FR 36347, June 23, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 72.503" NODE="30:1.0.1.12.36.4.211.4" TYPE="SECTION">
<HEAD>§ 72.503   Determination of emissions; filter maintenance; definition of “introduced”.</HEAD>
<XREF ID="20260625" REFID="40">Link to an amendment published at 91 FR 38283, June 25, 2026.</XREF>
<P>(a) MSHA will determine compliance with the emission requirements established by this part by using the amount of diesel particulate matter emitted by a particular engine determined from the engine approval pursuant to § 7.89(a)(9)(iii)(B) or § 7.89(a)(9)(iv)(A) of this title, with the exception of engines deemed to be in compliance by meeting the EPA requirements specified in Table 72.502-1 (§ 72.502(b)). 
</P>
<P>(b) Except as provided in paragraph (c) of this section, the amount by which an aftertreatment device can reduce engine emissions of diesel particulate matter as determined pursuant to paragraph (a) must be established by a laboratory test: 
</P>
<P>(1) on an approved engine which MSHA has determined, pursuant to paragraph (a) of this section, to emit no more diesel particulate matter than the engine being used in the piece of diesel-powered equipment in question; 
</P>
<P>(2) using the test cycle specified in Table E-3 of § 7.89 of this title, and following a test procedure appropriate for the filtration system, by a laboratory capable of testing engines in accordance with the requirements of Subpart E of part 7 of this title; and 
</P>
<P>(3) with an aftertreatment device representative of that being used on the piece of diesel-powered equipment in question. 
</P>
<P>(c) In lieu of the laboratory tests required by paragraph (b), the Secretary may accept the results of tests conducted or certified by an organization whose testing standards are deemed by the Secretary to be as rigorous as those set forth by paragraph (b) of this section; and further, the Secretary may accept the results of tests for one aftertreatment device as evidencing the efficiency of another aftertreatment device which the Secretary determines to be essentially identical to the one tested. 
</P>
<P>(d) Operators must maintain in accordance with manufacturer specifications and free of observable defects, any aftertreatment device installed on a piece of diesel equipment upon which the operator relies to remove diesel particulate matter from diesel emissions. 
</P>
<P>(e) For purposes of §§ 72.500(a), 72.501(a) and 72.502(a), the term “introduced” means any piece of equipment whose engine is a new addition to the underground inventory of engines of the mine in question, including newly purchased equipment, used equipment, and equipment receiving a replacement engine that has a different serial number than the engine it is replacing. “Introduced” does not include a piece of equipment whose engine was previously part of the mine inventory and rebuilt. 


</P>
</DIV8>


<DIV8 N="§ 72.510" NODE="30:1.0.1.12.36.4.211.5" TYPE="SECTION">
<HEAD>§ 72.510   Miner health training.</HEAD>
<P>(a) Operators must provide annual training to all miners at a mine who can reasonably be expected to be exposed to diesel emissions on that property. The training must include—
</P>
<P>(1) The health risks associated with exposure to diesel particulate matter; 
</P>
<P>(2) The methods used in the mine to control diesel particulate matter concentrations; 
</P>
<P>(3) Identification of the personnel responsible for maintaining those controls; and 
</P>
<P>(4) Actions miners must take to ensure the controls operate as intended. 
</P>
<P>(b)(1) An operator must keep a record of the training at the mine site for one year after completion of the training. An operator may keep the record elsewhere if the record is immediately accessible from the mine site by electronic transmission. 
</P>
<P>(2) Upon request from an authorized representative of the Secretary of Labor, the Secretary of Health and Human Services, or from the authorized representative of miners, mine operators must promptly provide access to any such training record. Whenever an operator ceases to do business, that operator must transfer the training records, or a copy, to any successor operator who must maintain them for the required period. 


</P>
</DIV8>


<DIV8 N="§ 72.520" NODE="30:1.0.1.12.36.4.211.6" TYPE="SECTION">
<HEAD>§ 72.520   Diesel equipment inventory.</HEAD>
<P>(a) The operator of each mine that utilizes diesel equipment underground, shall prepare and submit in writing to the District Manager, an inventory of diesel equipment used in the mine. The inventory shall include the number and type of diesel-powered units used underground, including make and model of unit, type of equipment, make and model of engine, serial number of engine, brake horsepower rating of engine, emissions of engine in grams per hour or grams per brake horsepower-hour, approval number of engine, make and model of aftertreatment device, serial number of aftertreatment device if available, and efficiency of aftertreatment device. 
</P>
<P>(b) The mine operator shall make changes to the diesel equipment inventory as equipment or emission control systems are added, deleted or modified and submit revisions, to the District Manager, within 7 calendar days. 
</P>
<P>(c) If requested, the mine operator shall provide a copy of the diesel equipment inventory to the representative of the miners within 3 days of the request.


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.12.36.5" TYPE="SUBPART">
<HEAD>Subpart E—Miscellaneous</HEAD>


<DIV8 N="§ 72.610" NODE="30:1.0.1.12.36.5.211.1" TYPE="SECTION">
<HEAD>§ 72.610   Abrasive blasting.</HEAD>
<P>(a) <I>Surface and underground mines.</I> When an abrasive blasting operation is performed, all exposed miners shall properly use respirators approved for abrasive blasting by NIOSH under 42 CFR part 84, or the operation shall be performed in a totally enclosed device with the miner outside the device.
</P>
<P>(b) <I>Underground areas of underground mines.</I> Silica sand or other materials containing more than 1 percent free silica shall not be used as an abrasive substance in abrasive blasting. 
</P>
<CITA TYPE="N">[59 FR 8327, Feb. 18, 1994, as amended at 60 FR 30401, June 8, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 72.620" NODE="30:1.0.1.12.36.5.211.2" TYPE="SECTION">
<HEAD>§ 72.620   Drill dust control at surface mines and surface areas of underground mines.</HEAD>
<P>Holes shall be collared and drilled wet, or other effective dust control measures shall be used, when drilling non-water-soluble material. Effective dust control measures shall be used when drilling water-soluble material. 


</P>
</DIV8>


<DIV8 N="§ 72.630" NODE="30:1.0.1.12.36.5.211.3" TYPE="SECTION">
<HEAD>§ 72.630   Drill dust control at underground areas of underground mines.</HEAD>
<P>(a) Dust resulting from drilling in rock shall be controlled by use of permissible dust collectors, or by water, or water with a wetting agent, or by ventilation, or by any other method or device approved by the Secretary that is as effective in controlling the dust. 
</P>
<P>(b) <I>Dust collectors.</I> Dust collectors shall be maintained in permissible and operating condition. Dust collectors approved under Part 33—Dust Collectors for Use in Connection with Rock Drilling in Coal Mines of this title or under Bureau of Mines Schedule 25B are permissible dust collectors for the purpose of this section. 
</P>
<P>(c) <I>Water control.</I> Water used to control dust from drilling rock shall be applied through a hollow drill steel or stem or by the flooding of vertical drill holes in the floor. 
</P>
<P>(d) <I>Ventilation control.</I> To adequately control dust from drilling rock, the air current shall be so directed that the dust is readily dispersed and carried away from the drill operator or any other miners in the area.


</P>
</DIV8>


<DIV8 N="§ 72.700" NODE="30:1.0.1.12.36.5.211.4" TYPE="SECTION">
<HEAD>§ 72.700   Respiratory equipment; respirable dust.</HEAD>
<P>(a) Respiratory equipment approved by NIOSH under 42 CFR part 84 shall be made available to all persons as required under parts 70, 71, and 90 of this chapter. Use of respirators shall not be substituted for environmental control measures in the active workings. Each operator shall maintain an adequate supply of respiratory equipment.
</P>
<P>(b) When required to make respirators available, the operator shall provide training prior to the miner's next scheduled work shift, unless the miner received training within the previous 12 months on the types of respirators made available. The training shall include: The care, fit, use, and limitations of each type of respirator.
</P>
<P>(c) An operator shall keep a record of the training at the mine site for 24 months after completion of the training. An operator may keep the record elsewhere if the record is immediately accessible from the mine site by electronic transmission. Upon request from an authorized representative of the Secretary, Secretary of HHS, or representative of miners, the operator shall promptly provide access to any such training records. The record shall include:
</P>
<P>(1) The date of training;
</P>
<P>(2) The names of miners trained; and
</P>
<P>(3) The subjects included in the training.
</P>
<CITA TYPE="N">[79 FR 24986, May 1, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 72.701" NODE="30:1.0.1.12.36.5.211.5" TYPE="SECTION">
<HEAD>§ 72.701   Respiratory equipment; gas, dusts, fumes, or mists.</HEAD>
<P>Respiratory equipment approved by NIOSH under 42 CFR part 84 shall be provided to persons exposed for short periods to inhalation hazards from gas, dusts, fumes, or mists. When the exposure is for prolonged periods, other measures to protect such persons or to reduce the hazard shall be taken.
</P>
<CITA TYPE="N">[79 FR 24986, May 1, 2014]






</CITA>
</DIV8>


<DIV8 N="§ 72.710" NODE="30:1.0.1.12.36.5.211.6" TYPE="SECTION">
<HEAD>§ 72.710   Selection, fit, use, and maintenance of approved respirators.</HEAD>
<P>As of April 14, 2025: Approved respirators shall be selected, fitted, used, and maintained in accordance with the provisions of a written respiratory protection program consistent with the requirements of ASTM F3387-19. ASTM F3387-19, <I>Standard Practice for Respiratory Protection,</I> approved August 1, 2019, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the Mine Safety and Health Administration (MSHA) and at the National Archives and Records Administration (NARA). Contact MSHA at: MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; (202) 693-9440; or any Mine Safety and Health Enforcement District Office. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email <I>fr.inspection@nara.gov.</I> The material may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; <I>www.astm.org.</I>
</P>
<CITA TYPE="N">[89 FR 28479, Apr. 18, 2024, as amended at 91 FR 9448, Feb. 26, 2026]




</CITA>
</DIV8>


<DIV8 N="§ 72.800" NODE="30:1.0.1.12.36.5.211.7" TYPE="SECTION">
<HEAD>§ 72.800   Single, full-shift measurement of respirable coal mine dust.</HEAD>
<P>The Secretary will use a single, full-shift measurement of respirable coal mine dust to determine the average concentration on a shift since that measurement accurately represents atmospheric conditions to which a miner is exposed during such shift. As of April 14, 2025, noncompliance with the respirable dust standard, in accordance with this subchapter, is demonstrated when a single, full-shift measurement taken by MSHA meets or exceeds the applicable ECV in table 1 to § 70.208, table 1 to § 70.209, table 1 to § 71.206, or table 1 to § 90.207 of this chapter that corresponds to the particular sampling device used. Upon issuance of a citation for a violation of the standard, and for MSHA to terminate the citation, the mine operator shall take the specified actions in this subchapter.
</P>
<CITA TYPE="N">[89 FR 28479, Apr. 18, 2024]




</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="74" NODE="30:1.0.1.12.37" TYPE="PART">
<HEAD>PART 74—COAL MINE DUST SAMPLING DEVICES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>75 FR 17523, Apr. 6, 2010, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.12.37.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 74.1" NODE="30:1.0.1.12.37.1.211.1" TYPE="SECTION">
<HEAD>§ 74.1   Purpose.</HEAD>
<P>The regulations in this part set forth the requirements for approval of coal mine dust sampling devices for determining the concentrations of respirable dust in coal mine atmospheres; procedures for applying for such approval; test procedures; and labeling.


</P>
</DIV8>


<DIV8 N="§ 74.2" NODE="30:1.0.1.12.37.1.211.2" TYPE="SECTION">
<HEAD>§ 74.2   Definitions.</HEAD>
<P>(a) <I>Accuracy:</I> the ability of a continuous personal dust monitor (CPDM) to determine the “true” concentration of the environment sampled. Accuracy describes the closeness of a typical measurement to the quantity measured, although it is defined and expressed in terms of the relative discrepancy of a typical measurement from the quantity measured. The accuracy of a CPDM is the theoretical maximum error of measurement, expressed as the proportion or percentage of the amount being measured, without regard for the direction of the error, which is achieved with a 0.95 probability by the method.
</P>
<P>(b) <I>Bias:</I> the uncorrectable relative discrepancy between the mean of the distribution of measurements from a CPDM and the true concentration being measured.
</P>
<P>(c) <I>Coal mine dust personal sampler unit (CMDPSU):</I> a personal device for measuring concentrations of respirable dust in coal mine atmospheres that meets the requirements specified under Subpart B of this part.
</P>
<P>(d) <I>Continuous personal dust monitor (CPDM):</I> a sampling device for continuously measuring concentrations of respirable dust in coal mine atmospheres that reports within-shift and end-of shift measurements of dust concentrations immediately upon the completion of the period of exposure that was monitored and that meets the requirements specified under Subpart C of this part.
</P>
<P>(e) <I>ISO:</I> the International Organization for Standardization, an international standard-setting organization composed of representatives from various national standards-setting organizations. ISO produces industrial and commercial voluntary consensus standards used worldwide.
</P>
<P>(f) <I>Precision:</I> the relative variability of measurements from a homogeneous atmosphere about the mean of the population of measurements, divided by the mean at a given concentration. It reflects the ability of a CPDM to replicate measurement results.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.12.37.2" TYPE="SUBPART">
<HEAD>Subpart B—Approval Requirements for Coal Mine Dust Personal Sampler Unit</HEAD>


<DIV8 N="§ 74.3" NODE="30:1.0.1.12.37.2.211.1" TYPE="SECTION">
<HEAD>§ 74.3   Sampler unit.</HEAD>
<P>A CMDPSU shall consist of:
</P>
<P>(a) A pump unit,
</P>
<P>(b) A sampling head assembly, and
</P>
<P>(c) If rechargeable batteries are used in the pump unit, a battery charger.


</P>
</DIV8>


<DIV8 N="§ 74.4" NODE="30:1.0.1.12.37.2.211.2" TYPE="SECTION">
<HEAD>§ 74.4   Specifications of sampler unit.</HEAD>
<P>(a) <I>Pump unit:</I> (1) <I>Dimensions.</I> The overall dimensions of the pump unit, hose connections, and valve or switch covers shall not exceed 4 inches (10 centimeters) in height, 4 inches (10 centimeters) in width, and 2 inches (5 centimeters) in thickness.
</P>
<P>(2) <I>Weight.</I> The pump unit shall not weigh more than 20 ounces (567 grams).
</P>
<P>(3) <I>Construction.</I> The case and all components of the pump unit shall be of sufficiently durable construction to endure the wear of use in a coal mine, shall be tight fitting to minimize the amount of dust entering the pump case, and shall be designed to protect against radio frequency interference and electromagnetic interference.
</P>
<P>(4) <I>Exhaust.</I> The pump shall exhaust into the pump case, maintaining a slight positive pressure which will reduce the entry of dust into the pump case.
</P>
<P>(5) <I>Switch.</I> The pump unit shall be equipped with an ON/OFF switch or equivalent device on the outside of the pump case. This switch shall be protected against accidental operation during use and protected to keep dust from entering the mechanisms.
</P>
<P>(6) <I>Flow rate adjustment.</I> Except as provided in the last sentence of this paragraph, the pump unit shall be equipped with a suitable means of flow rate adjustment accessible from outside the case. The flow rate adjuster shall be recessed in the pump case and protected against accidental adjustment. If the pump is capable of maintaining the flow rate consistency required in this part without adjustment, an external flow rate adjuster is not required.
</P>
<P>(7) <I>Battery.</I> The power supply for the pump shall be a suitable battery located in the pump case or in a separate case which attaches to the pump case by a permissible electrical connection.
</P>
<P>(8) <I>Pulsation.</I> (i) The irregularity in flow rate due to pulsation shall have a fundamental frequency of not less than 20 Hz.
</P>
<P>(ii) The quantity of respirable dust collected with a sampler unit shall be within ±5 percent of that collected with a sampling head assembly operated with nonpulsating flow.
</P>
<P>(9) <I>Belt clips.</I> The pump unit shall be provided with a belt clip which will hold the pump securely on a coal miner's belt.
</P>
<P>(10) <I>Recharging connection.</I> A suitable connection shall be provided so that the battery may be recharged without removing the battery from the pump case or from the battery case if a separate battery case is used.
</P>
<P>(11) <I>Flow rate indicator.</I> A visual indicator of flow rate shall be provided either as an integral part of the pump unit or of the sampling head assembly. The flow rate indicator shall be calibrated within ±5 percent at 2.2, 2.0, and 1.7 liters per minute to indicate the rate of air passing through the accompanying sampling head assembly.
</P>
<P>(12) <I>Flow rate range.</I> The pump shall be capable of operating within a range of from 1.5 to 2.5 liters per minute and shall be adjustable over this range.
</P>
<P>(13) <I>Flow rate consistency.</I> The flow shall remain within ±0.1 liters per minute over at least a 10-hour period when the pump is operated at 2 liters per minute with a standard sampling head assembly.
</P>
<P>(14) <I>Flow restriction indicator.</I> The pump shall be capable of detecting restricted flow and providing a visual indication if it occurs. The flow restriction indicator shall remain activated until the cause is corrected. The pump shall shut down automatically if flow is restricted for one minute.
</P>
<P>(15) <I>Duration of operation.</I> The pump with a fully charged battery pack shall be capable of operating for (i) not less than 8 hours at a flow rate of 2 liters per minute against a resistance of 25 inches (64 centimeters) of water measured at the inlet of the pump; and (ii) for not less than 10 hours at a flow rate of 2 liters per minute against a resistance of 15 inches (38 centimeters) of water measured at the inlet of the pump.
</P>
<P>(16) <I>Low battery indicator.</I> The pump unit shall be equipped with a visual indicator of low battery power.
</P>
<P>(17) <I>Elapsed time indicator.</I> The pump unit shall be capable of displaying the actual pump run time in minutes (up to 999 minutes) and retaining the last reading after the pump is shut down due to either a flow restriction described in paragraph (a)(14) of this section or low battery power described in paragraph (a)(16) of this section or at the end of the sampling shift.
</P>
<P>(b) <I>Sampling head assembly.</I> The sampling head assembly shall consist of a cyclone and a filter assembly as follows:
</P>
<P>(1) <I>Cyclone.</I> The cyclone shall consist of a cyclone body with removable grit cap and a vortex finder and shall be constructed of nylon or a material equivalent in performance. The dimensions of the components, with the exception of the grit cap, shall be identical to those of a Dorr-Oliver 10 millimeter cyclone body, part No. 28541/4A or 01B11476-01 and vortex finder, part No. 28541/4B.
</P>
<P>(2) <I>Filter assembly.</I> The filter assembly shall meet the following requirements:
</P>
<P>(i) <I>Filter.</I> The filter shall be a membrane filter type with a nominal pore size not over 5 micrometers. It shall be nonhydroscopic and shall not dissolve or decompose when immersed in ethyl or isopropyl alcohol. The strength and surface characteristics of the filter shall be such that dust deposited on its surface may be removed by ultrasonic methods without tearing the filter. The filter resistance shall not exceed 2 inches (0.5 centimeters) of water at an airflow rate of 2 liters per minute.
</P>
<P>(ii) <I>Capsule.</I> The capsule enclosing the filter shall not permit sample air to leak around the filter and shall prevent visual inspection of the filter surface or filter loading. The capsule shall be made of nonhydroscopic material. Its weight, including the enclosed filter, shall not exceed 5 grams and it shall be pre-weighed by the manufacturer with a precision of ±0.001 milligrams. Impact to the capsule shall not dislodge any dust from the capsule, which might then be lost to the weight measurement.
</P>
<P>(iii) <I>Cassette.</I> The cassette shall enclose the capsule so as to prevent contamination and intentional or inadvertent alteration of dust deposited on the filter. The cassette must be easily removable without causing a loss or gain of capsule weight. The cassette shall be designed to prevent contaminants from entering or dust from leaving the capsule when it is not in use, and to prevent the reversal of airflow through the capsule or other means of removing dust collected on the filter.
</P>
<P>(3) <I>Arrangement of components.</I> The connections between the cyclone vortex finder and the capsule and between the capsule and the 
<FR>1/4</FR>-inch (0.64 centimeters) (inside diameter) hose mentioned in paragraph (b)(5) of this section shall be mechanically firm and shall not leak at a rate of more than 0.1 liters per hour under a vacuum of 4 inches (10 centimeters) of water.
</P>
<P>(4) <I>Clamping of components.</I> The clamping and positioning of the cyclone body, vortex finder, and cassette shall be rigid, remain in alignment, be firmly in contact and airtight. The cyclone-cassette assembly shall be attached firmly to a backing plate or other means of holding the sampling head in position. The cyclone shall be held in position so that the inlet opening of the cyclone is pointing perpendicular to, and away from, the backing plate.
</P>
<P>(5) <I>Hose.</I> A 3-foot (91 centimeter) long, 
<FR>1/4</FR>-inch (0.64 centimeters) (inside diameter) clear plastic hose shall be provided to form an airtight connection between the inlet of the sampler pump and the outlet of the filter assembly. A device, capable of sliding along the hose and attaching to the miner's outer garment, shall be provided.
</P>
<P>(c) <I>Battery charger.</I> (1) <I>Power supply.</I> The battery charger shall be operated from a 110 (VAC) (nominal), 60 Hz power line.
</P>
<P>(2) <I>Connection.</I> The battery charger shall be provided with a cord and polarized connector so that it may be connected to the charge socket on the pump or battery case.
</P>
<P>(3) <I>Protection.</I> The battery charger shall be fused, shall have a grounded power plug, and shall not be susceptible to damage by being operated without a battery on charge.
</P>
<P>(4) <I>Charge rates.</I> The battery charger shall be capable of fully recharging the battery in the pump unit within 16 hours.


</P>
</DIV8>


<DIV8 N="§ 74.5" NODE="30:1.0.1.12.37.2.211.3" TYPE="SECTION">
<HEAD>§ 74.5   Tests of coal mine dust personal sampler units.</HEAD>
<P>(a) The National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services, shall conduct tests to determine whether a CMDPSU that is submitted for approval under these regulations meets the requirements set forth in § 74.4.
</P>
<P>(b) The Mine Safety and Health Administration (MSHA), Department of Labor, will conduct tests and evaluations to determine whether the pump unit of a CMDPSU that is submitted for approval under these regulations complies with the applicable permissibility provisions of 30 CFR part 18.
</P>
<CITA TYPE="N">[75 FR 17523, Apr. 6, 2010, as amended at 89 FR 99105, Dec. 10, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 74.6" NODE="30:1.0.1.12.37.2.211.4" TYPE="SECTION">
<HEAD>§ 74.6   Quality control.</HEAD>
<P>The applicant shall describe the way in which each lot of components will be sampled and tested to maintain its quality prior to assembly of each sampler unit. In order to assure that the quality of the CMDPSU will be maintained in production through adequate quality control procedures, MSHA and NIOSH reserve the right to have their qualified personnel inspect each applicant's control-test equipment procedures and records and to interview the employees who conduct the control tests. Two copies of the results of any tests made by the applicant on the CMDPSU or the pump unit thereof shall accompany an application provided under § 74.13 of this part.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.12.37.3" TYPE="SUBPART">
<HEAD>Subpart C—Requirements for Continuous Personal Dust Monitors</HEAD>


<DIV8 N="§ 74.7" NODE="30:1.0.1.12.37.3.211.1" TYPE="SECTION">
<HEAD>§ 74.7   Design and construction requirements.</HEAD>
<P>(a) <I>General requirement.</I> Continuous Personal Dust Monitors (CPDMs) shall be designed and constructed for coal miners to wear and operate without impeding their ability to perform their work safely and effectively, and shall be sufficiently durable to perform reliably in the normal working conditions of coal mines.
</P>
<P>(b) <I>Ergonomic design testing.</I> Prior to submitting an application under § 74.13, the applicant shall develop a testing protocol and test the CPDM to assure that the device can be worn safely, without discomfort, and without impairing a coal miner in the performance of duties throughout a full work shift. The results of the test shall also demonstrate that the device will operate consistently throughout a full work shift under representative working conditions of underground coal miners, including representative types and durations of physical activity, tasks, and changes in body orientation.
</P>
<P>(1) The testing protocol shall specify that the tests be conducted in one or more active mines under routine operating conditions during production shifts.
</P>
<P>(2) The applicant shall submit the testing protocol, in writing, to NIOSH for approval prior to conducting such testing.
</P>
<P>(3) The applicant shall include the testing protocol and written test results in the application submitted to NIOSH as specified in § 74.13.
</P>
<P>(4) NIOSH will advise and assist the applicant, as necessary, to develop a testing protocol and arrange for the conduct of testing specified in this paragraph.
</P>
<P>(5) NIOSH may further inspect the device or conduct such tests as it deems necessary to assure the safety, comfort, practicality, and operability of the device when it is worn by coal miners in the performance of their duties.
</P>
<P>(6) NIOSH may waive the requirement for the applicant to conduct testing under paragraph (b) of this section if NIOSH determines that such testing is unnecessary to assure the safety, comfort, practicality, and operability of the device when it is worn by coal miners in the performance of their duties.
</P>
<P>(c) <I>Maximum weight.</I> A CPDM shall not add more than 2 kg to the total weight carried by the miner. CPDMs that are combined with other functions, such as communication or illumination, may exceed 2 kg provided that the total added weight carried by the miner does not exceed 2 kg.
</P>
<P>(d) <I>Dust concentration range.</I> The CPDM shall measure respirable coal mine dust concentrations accurately, as specified under § 74.8, for an end-of-shift average measurement, for concentrations within a range from 0.2 to 4.0 mg/m
<SU>3</SU> for respirable coal mine dust. For end-of-shift average concentrations exceeding 4.0 mg/m
<SU>3</SU>, the CPDM shall provide a reliable indication that the concentration exceeded 4.0 mg/m
<SU>3</SU>.
</P>
<P>(e) <I>Environmental conditions.</I> The CPDM shall operate reliably and accurately as specified under § 74.8, under the following environmental conditions:
</P>
<P>(1) At any ambient temperature and varying temperatures from minus 30 to plus 40 degrees centigrade;
</P>
<P>(2) At any atmospheric pressure from 700 to 1000 millibars;
</P>
<P>(3) At any ambient humidity from 10 to 100 percent relative humidity; and
</P>
<P>(4) While exposed to water mists generated for dust suppression and while monitoring atmospheres including such water mists.
</P>
<P>(f) <I>Electromagnetic interference.</I> The CPDM shall meet the following standards for control of and protection from electromagnetic interference.
</P>
<P>(1) For emissions control, operators must follow: IEEE Std C95.1-2005, (IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz) and 47 CFR 15.1 through 15.407 (FCC Radio Frequency Devices). Persons must proceed in accordance with IEEE Std C95.1-2005 (IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz).
</P>
<P>(i) The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons may obtain a copy from: American National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036. <I>http://www.ansi.org.</I>
</P>
<P>(ii) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210, 202-693-9440, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(2) For immunity/susceptibility protection, operators must follow: IEC 61000-4-6, International Standard (Electromagnetic compatibility—Part 4-6: Testing and measurement techniques—Immunity to conducted disturbances, induced by radio-frequency fields), Edition 3.0, 2008-10. Persons must proceed in accordance with IEC 61000-4-6, International Standard (Electromagnetic compatibility—Part 4-6: Testing and measurement techniques—Immunity to conducted disturbances, induced by radio-frequency fields), Edition 3.0, 2008-10. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
</P>
<P>(i) Persons may obtain a copy from the International Electrotechnical Commission at the address provided below:
</P>
<P>International Electrotechnical Commission, IEC Central Office, 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland. <I>http://www.standardsinfo.net.</I>
</P>
<P>(ii) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210, 202-693-9440, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(g) <I>Durability testing.</I> The CPDM shall be designed and constructed to remain safe and measure respirable coal mine dust concentrations accurately, as specified under § 74.8 of this section after undergoing the following durability tests, which NIOSH will apply to test devices prior to their use in further testing under § 74.8 of this-subpart:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">Vibration</TD><TD align="left" class="gpotbl_cell">Mil-Std-810F, 514.5</TD><TD align="left" class="gpotbl_cell">U.S. Highway Vibration, Restrained Figure 514.5C-1</TD><TD align="left" class="gpotbl_cell">1 Hours/Axis, 3 Axis; Total Duration = 3 Hrs, equivalent to 1,000 miles.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Drop</TD><TD align="left" class="gpotbl_cell">3-foot drop onto bare concrete surface</TD><TD align="left" class="gpotbl_cell">In standard in-use configuration</TD><TD align="left" class="gpotbl_cell">1 drop per axis (3 total).</TD></TR></TABLE></DIV></DIV>
<P>(1) Persons must proceed in accordance with Mil-Std-810F, 514.5, Department of Defense Test Method for Environmental Engineering Considerations and Laboratory Tests, 1 January 2000. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons may obtain a copy from the U.S. Department of Defense at the address provided below.
</P>
<P>ASC/ENOI, Bldg. 560, 2530 Loop Road West, Wright-Patterson AFB OH 45433-7101. <I>http://www.dtc.army.mil/navigator/.</I>
</P>
<P>(2) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(h) <I>Reporting of monitoring results.</I> (1) The CPDM shall report continuous monitoring results legibly or audibly during use. A digital display, if used, shall be illuminated and shall provide a minimum character height of 6 millimeters. Other forms of display (<I>e.g.,</I> analogue) must provide comparable visibility. Auditory reporting, if used, shall be clear, have adjustable volume, and provide means for the user to obtain data reports repetitively. The CPDM shall also report end-of-shift results using computer software compatible with current, commonly used personal computer technology.
</P>
<P>(2) The CPDM shall report results as cumulative mass concentration in units of mass per volume of air (mg/m
<SU>3</SU>) with two significant figures of accuracy rounded as customary.
</P>
<P>(i) <I>Power requirements.</I> The power source of the CPDM shall have sufficient capacity to enable continuous sampling for 12 hours in a coal mine dust atmosphere of up to 4.0 mg/m
<SU>3</SU>. If the CPDM uses a rechargeable battery, the battery charger shall be operated from a 110 (VAC) (nominal), 60 Hz power line.
</P>
<P>(j) <I>Flow stability and calibration of pump.</I> If a pump is used, the flow shall not vary more than ±5 percent of the calibrated flow for 95 percent of samples taken for any continuous duration for up to 12 hours. The flow calibration maintenance interval to assure such performance shall be specified in the calibration instructions for the device.
</P>
<P>(k) <I>Battery check.</I> If the CPDM uses a rechargeable battery, the CPDM shall have a feature to indicate to the user that the device is sufficiently charged to operate and provide accurate measurements for an entire shift of 12 hours under normal conditions of use.
</P>
<P>(l) <I>Integration with other personal mining equipment.</I> (1) If the CPDM is integrated or shares functions with any other devices used in mines, such as cap lights or power sources, then the applicant shall obtain approvals for such other devices, prior to receiving final certification of the CPDM under this section.
</P>
<P>(2) A CPDM that is integrated with another device shall be tested, according to all the requirements under this part, with the other device coupled to the CPDM and operating.
</P>
<P>(m) <I>Tampering safeguards or indicators.</I> The CPDM shall include a safeguard or indicator which either prevents intentional or inadvertent altering of the measuring or reporting functions or indicates that the measuring or reporting functions have been altered.
</P>
<P>(n) <I>Maintenance features.</I> The CPDM shall be designed to assure that the device can be cleaned and maintained to perform accurately and reliably for the duration of its service life.
</P>
<CITA TYPE="N">[75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 74.8" NODE="30:1.0.1.12.37.3.211.2" TYPE="SECTION">
<HEAD>§ 74.8   Measurement, accuracy, and reliability requirements.</HEAD>
<P>(a) <I>Breathing zone measurement requirement.</I> The CPDM shall be capable of measuring respirable dust within the personal breathing zone of the miner whose exposure is being monitored.
</P>
<P>(b) <I>Accuracy.</I> The ability of a CPDM to determine the true concentration of respirable coal mine dust at the end of a shift shall be established through testing that demonstrates the following:
</P>
<P>(1) For full-shift measurements of 8 hours or more, a 95 percent confidence that the recorded measurements are within ±25 percent of the true respirable dust concentration, as determined by CMDPSU reference measurements, over a concentration range from 0.2 to 4.0 mg/m
<SU>3</SU>; and
</P>
<P>(2) For intra-shift measurements of less than 8 hours, a 95 percent confidence that the recorded measurements are within ±25 percent of the true respirable dust concentration, as determined by CMDPSU reference measurements, over the concentration range equivalent to 0.2 to 4.0 mg/m
<SU>3</SU> for an 8-hour period.
<SU>1</SU>
<FTREF/>
</P>
<FTNT>
<P>
<SU>1</SU> The equivalent dust concentration range to the 8-hour range of 0.2 − 4 mg/m
<SU>3</SU> is calculated by multiplying this 8-hour range by the dividend of eight hours divided by the duration of the intrashift measurement specified in units of hours. For example, for a measurement taken at exactly one hour into the shift, the 8-hour equivalent dust concentration range would be a one-hour average concentration range of: 8 hours/1 hour × (0.2 − 4 mg/m
<SU>3</SU>) = 1.6 − 32 mg/m
<SU>3</SU>; for a two-hour measurement, the applicable concentration range would be calculated as: 8 hours/2 hours × (0.2 − 4 mg/m
<SU>3</SU>) = 0.8 − 16 mg/m
<SU>3</SU>; for a 4-hours measurement, the equivalent range would be: 0.4 − 8 mg/m
<SU>3</SU>; * * * <I>etc.</I> A CPDM must perform accurately, as specified, for intrashift measurements within such equivalent concentration ranges.</P></FTNT>
<P>(c) <I>Reliability of measurements.</I> The CPDM shall meet the accuracy requirements under paragraph (b) of this section, regardless of the variation in density, composition, size distribution of respirable coal mine dust particles, and the presence of water spray mist in coal mines.
</P>
<P>(d) <I>Precision.</I> The precision of the CPDM shall be established through testing to determine the variability of multiple measurements of the same dust concentration, as defined by the relative standard deviation of the distribution of measurements. The relative standard deviation shall be less than 0.1275 without bias for both full-shift measurements of 8 hours or more, and for intra-shift measurements of less than 8 hours within the dust concentration range equivalent to 0.2 to 4.0 mg/m
<SU>3</SU> for an 8-hour period, as specified under paragraph (b)(2) of this section.
</P>
<P>(e) <I>Bias.</I> The bias of the CPDM measurements shall be limited such that the uncorrectable discrepancy between the mean of the distribution of measurements and the true dust concentration being measured during testing shall be no greater than 10 percent. Bias must be constant over the range of dust concentration levels tested, 0.2 to 4.0 mg/m
<SU>3</SU> for an 8-hour sampling period.
</P>
<P>(f) <I>Testing conditions.</I> Laboratory and mine testing of the CPDM for accuracy, precision, bias, and reliability under diverse environmental conditions (as defined under § 74.7(e) and (g)) shall be determined using the NIOSH testing procedure, “Continuous Personal Dust Monitor Accuracy Testing,” June 23, 2008, available at: <I>http://www.cdc.gov/niosh/mining/pubs/pubreference/outputid3076.htm.</I> All testing results shall be submitted to NIOSH in writing on the application filed under § 74.11.
</P>
<P>(1) Persons must proceed in accordance with NIOSH testing procedure “Continuous Personal Dust Monitor Accuracy Testing,” June 23, 2008. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons may obtain a copy at the address below: NIOSH-Publications Dissemination, 4676 Columbia Parkway, Cincinnati, OH 45226. <I>http://www.cdc.gov/niosh/mining.</I>
</P>
<P>(2) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 74.9" NODE="30:1.0.1.12.37.3.211.3" TYPE="SECTION">
<HEAD>§ 74.9   Quality assurance.</HEAD>
<P>(a) <I>General requirements.</I> The applicant shall establish and maintain a quality control system that assures that CPDM devices produced under the applicant's certificate of approval meet the required specifications and are reliable, safe, effective, and otherwise suitable for their intended use. To establish and to maintain an approval under this part, the applicant shall:
</P>
<P>(1) Submit a copy of the most recent registration under ISO Q9001-2000, American National Standard, Quality Management Systems-Requirements, published by ISO:
</P>
<P>(i) With the application for approval under § 74.13 of this part; and
</P>
<P>(ii) Upon request by NIOSH, subsequent to the approval of a CPDM under this part.
</P>
<P>(2) Persons must proceed in accordance with ISO Q9001-2000, American National Standard, Quality Management Systems-Requirements. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons may obtain a copy from the International Organization for Standardization at the address provided below.
</P>
<P>International Organization for Standardization, ISO Central Secretariat, 1, ch. de la Voie-Creuse, Case Postale 56, CH-1211 GENEVA 20, Switzerland. <I>http://www.standardsinfo.net.</I>
</P>
<P>(3) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(b) <I>Quality management audits.</I> Upon request, applicants or approval holders must allow NIOSH to inspect the quality management procedures and records, and to interview any employees who may be knowledgeable of quality management processes associated with the production of the CPDM. Audits may be conducted either on an occasional or periodic basis or in response to quality-related complaints or concerns.
</P>
<P>(c) <I>Applicant remediation of quality management deficiencies.</I> An applicant or approval holder must correct any quality management deficiency identified by an audit within a reasonable time as determined by NIOSH. Failure to correct a deficiency may result in NIOSH disapproval of a pending application or, in the case of an approved device, revocation of approval until NIOSH determines that the deficiency is corrected.
</P>
<CITA TYPE="N">[75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 74.10" NODE="30:1.0.1.12.37.3.211.4" TYPE="SECTION">
<HEAD>§ 74.10   Operating and maintenance instructions.</HEAD>
<P>(a) <I>Contents.</I> The manufacturer must include operating and storage instructions and a maintenance and service life plan with each new CPDM device sold. These documents must be clearly written.
</P>
<P>(1) Operating and storage instructions must include:
</P>
<P>(i) An explanation of how the CPDM works;
</P>
<P>(ii) A schematic diagram of the CPDM;
</P>
<P>(iii) Procedures for wearing and use of the CPDM;
</P>
<P>(iv) A one page “quick start guide” that will enable a novice to start and operate the CPDM.
</P>
<P>(v) Procedures for calibration of the CPDM;
</P>
<P>(vi) Procedures for inspecting the operating condition of the CPDM;
</P>
<P>(vii) Procedures and conditions for storage, including the identification of any storage conditions that would likely impair the effective functioning of the CPDM; and
</P>
<P>(viii) Procedures and conditions of use, including identification of any conditions of use that would likely impair the effective functioning of the CPDM.
</P>
<P>(2) The maintenance and service life plan must address:
</P>
<P>(i) Conditions that should govern the removal from service of the CPDM; and
</P>
<P>(ii) Procedures that a user or others should follow when inspecting, performing maintenance and calibration, and determining when the CPDM should be removed from service.
</P>
<P>(b) <I>Submission to NIOSH for approval.</I> A copy of the instructions and plan under paragraph (a) of this section shall be submitted to NIOSH with the application for approval of the CPDM and if substantive changes are made to the approved device or approved instructions.


</P>
</DIV8>


<DIV8 N="§ 74.11" NODE="30:1.0.1.12.37.3.211.5" TYPE="SECTION">
<HEAD>§ 74.11   Tests of the continuous personal dust monitor.</HEAD>
<P>(a) <I>Applicant testing.</I> The applicant shall conduct tests to determine whether a CPDM that is submitted for approval under these regulations meets the requirements specified in §§ 74.7-74.8 of this part, with the exception of durability testing, which shall be conducted by NIOSH as specified in § 74.7(g) of this part. Applicant testing shall be performed by an independent testing entity approved by NIOSH.
</P>
<P>(b) <I>NIOSH testing assistance.</I> NIOSH will provide consultation to the applicant to identify and secure necessary testing services for meeting the requirements specified in §§ 74.7-74.8 of this part. Applicants must submit testing protocols to NIOSH prior to testing to verify that the testing protocols adequately address the requirements.
</P>
<P>(c) <I>Reporting of applicant testing results.</I> The applicant shall include the results from testing specified under paragraph (a) of this section when submitting the application under § 74.13 of this part to NIOSH.
</P>
<P>(d) <I>Intrinsic safety testing.</I> The applicant shall submit the CPDM to MSHA for testing and evaluation, pursuant to 30 CFR part 18, to determine whether the electronic components of the CPDM submitted for approval meet the applicable permissibility provisions.
</P>
<CITA TYPE="N">[75 FR 17523, Apr. 6, 2010, as amended at 89 FR 99105, Dec. 10, 2024]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.12.37.4" TYPE="SUBPART">
<HEAD>Subpart D—General Requirements for All Devices</HEAD>


<DIV8 N="§ 74.12" NODE="30:1.0.1.12.37.4.211.1" TYPE="SECTION">
<HEAD>§ 74.12   Conduct of tests; demonstrations.</HEAD>
<P>(a) Prior to the issuance of a certificate of approval, only personnel of MSHA and NIOSH, representatives of the applicant, and such other persons as may be mutually agreed upon may observe the tests conducted. MSHA and NIOSH shall hold as confidential, and shall not disclose, principles of patentable features, nor shall MSHA or NIOSH disclose any details of the applicant's drawings or specifications or other related material.
</P>
<P>(b) After the issuance of a certificate of approval, MSHA or NIOSH will conduct such public demonstrations and tests of the approved device as MSHA or NIOSH deem appropriate, and may reveal the protocols and results of testing considered for the approval of the device. The conduct of any additional investigations, tests, and demonstrations shall be under the sole direction of MSHA and NIOSH and any other persons shall be present only as observers.


</P>
</DIV8>


<DIV8 N="§ 74.13" NODE="30:1.0.1.12.37.4.211.2" TYPE="SECTION">
<HEAD>§ 74.13   Applications.</HEAD>
<P>(a) Testing of a CMDPSU will be performed by NIOSH, and testing of the pump unit of the CMDPSU will be conducted by MSHA. The applicant must submit a written application in duplicate to both NIOSH and MSHA. Each copy of the application must be accompanied by complete scale drawings, specifications, and a description of materials. Ten complete CMDPSUs must be submitted to NIOSH with the application, and one pump unit must be submitted to MSHA.
</P>
<P>(b) Testing of a CPDM will be performed by the applicant as specified under § 74.11. The applicant must submit a written application in duplicate to both NIOSH and MSHA. Each copy of the application must be accompanied by complete scale drawings, specifications, a description of materials, and a copy of the testing protocol and test results which were provided by an independent testing entity, as specified in § 74.11(a). Three complete CPDM units must be sent to NIOSH with the application, and one CPDM device must be sent to MSHA.
</P>
<P>(c) Complete drawings and specifications accompanying each copy of the application shall be fully detailed to identify the design of the CMDPSU or pump unit thereof or of the CPDM and to disclose the dimensions and materials of all component parts.


</P>
</DIV8>


<DIV8 N="§ 74.14" NODE="30:1.0.1.12.37.4.211.3" TYPE="SECTION">
<HEAD>§ 74.14   Certificate of approval.</HEAD>
<P>(a) Upon completion of the testing of a CMDPSU or the pump unit or after review of testing protocols and testing results for the CPDM, NIOSH or MSHA, as appropriate, shall issue to the applicant either a certificate of approval or a written notice of disapproval. NIOSH will not issue a certificate of approval unless MSHA has first issued a certificate of approval for either the pump unit of a CMDPSU or for the CPDM. If a certificate of approval is issued, no test data or detailed results of tests will accompany such approval. If a notice of disapproval is issued, it will be accompanied by details of the defects, resulting in disapproval, with a view to possible correction.
</P>
<P>(b) A certificate of approval will be accompanied by a list of the drawings and specifications covering the details of design and construction of the CMDPSU and the pump unit, or of the CPDM, as appropriate, upon which the certificate of approval is based. The applicant shall keep exact duplicates of the drawings and specifications submitted to NIOSH and to MSHA relating to the CMDPSU, the pump unit thereof, or the CPDM, which has received a certificate of approval. The approved drawings and specifications shall be adhered to exactly in the production of the certified CMDPSU, including the pump unit or of the CPDM, for commercial purposes. In addition, the applicant shall observe such procedures for, and keep such records of, the control of component parts as either MSHA or NIOSH may in writing require as a condition of approval.


</P>
</DIV8>


<DIV8 N="§ 74.15" NODE="30:1.0.1.12.37.4.211.4" TYPE="SECTION">
<HEAD>§ 74.15   Approval labels.</HEAD>
<P>(a) Certificate of approval will be accompanied by photographs of designs for the approval labels to be affixed to each CMDPSU or CPDM, as appropriate.
</P>
<P>(b) The labels showing approval by NIOSH and by MSHA shall contain such information as MSHA or NIOSH may require and shall be reproduced legibly on the outside of a CMDPSU or CPDM, as appropriate, as directed by NIOSH or MSHA.
</P>
<P>(c) The applicant shall submit full-scale designs or reproductions of approval labels and a sketch or description of the position of the labels on each sampling device.
</P>
<P>(d) Use of the approval labels obligates the applicant to whom the certificate of approval was issued to maintain the quality of the complete CMDPSU or CPDM, as appropriate, and to guarantee that the complete CMDPSU or CPDM, as appropriate, is manufactured or assembled according to the drawings and specifications upon which the certificate of approval was based. Use of the approval labels is authorized only on CMDPSUs or CPDMs, as appropriate, that conform to the drawings and specifications upon which the certificate of approval we based.


</P>
</DIV8>


<DIV8 N="§ 74.16" NODE="30:1.0.1.12.37.4.211.5" TYPE="SECTION">
<HEAD>§ 74.16   Material required for record.</HEAD>
<P>(a) As part of the permanent record of the approval application process, NIOSH will retain a complete CMDPSU or CPDM, as appropriate, and MSHA will retain a CMDPSU or CPDM, as appropriate, that has been tested and certified. Material not required for record purposes will be returned to the applicant at the applicant's request and expense upon receipt of written shipping instructions by MSHA or NIOSH.
</P>
<P>(b) As soon as a CMDPSU or CPDM, as appropriate, is commercially available, the applicant shall deliver a complete sampling device free of charge to NIOSH at the address specified on the NIOSH Web page: <I>http://www.cdc.gov/niosh/mining.</I>


</P>
</DIV8>


<DIV8 N="§ 74.17" NODE="30:1.0.1.12.37.4.211.6" TYPE="SECTION">
<HEAD>§ 74.17   Changes after certification.</HEAD>
<P>(a) If the applicant desires to change any feature of a certified CMDPSU or a certified CPDM, the applicant shall first obtain the approval of NIOSH pursuant to the following procedures:
</P>
<P>(1) Application shall be made as for an original certificate of approval, requesting that the existing certification be extended to encompass the proposed change. The application shall be accompanied by drawings, specifications, and related material.
</P>
<P>(2) The application and accompanying material will be examined by NIOSH to determine whether testing of the modified CMDPSU or CPDM or components will be required. Testing will be necessary if there is a possibility that the modification may adversely affect the performance of the CMDPSU or CPDM. NIOSH will inform the applicant whether such testing is required.
</P>
<P>(3) If the proposed modification meets the pertinent requirements of these regulations, a formal extension of certification will be issued, accompanied by a list of new and revised drawings and specifications to be added to those already on file as the basis for the extension of certification.
</P>
<P>(b) If a change is proposed in a pump unit of a certified CMDPSU or in electrical components of a CPDM, the approval of MSHA with respect to intrinsic safety shall be obtained in accordance with the procedures set forth in § 74.11(d).


</P>
</DIV8>


<DIV8 N="§ 74.18" NODE="30:1.0.1.12.37.4.211.7" TYPE="SECTION">
<HEAD>§ 74.18   Withdrawal of certification.</HEAD>
<P>Any certificate of approval issued under this part may be revoked for cause by NIOSH or MSHA which issued the certificate.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="75" NODE="30:1.0.1.12.38" TYPE="PART">
<HEAD>PART 75—MANDATORY SAFETY STANDARDS—UNDERGROUND COAL MINES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 813(h), 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>35 FR 17890, Nov. 20, 1970, unless otherwise noted. 
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.</PSPACE></EDNOTE>

<DIV6 N="A" NODE="30:1.0.1.12.38.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 75.1" NODE="30:1.0.1.12.38.1.215.1" TYPE="SECTION">
<HEAD>§ 75.1   Scope.</HEAD>
<P>This part 75 sets forth safety standards compliance with which is mandatory in each underground coal mine subject to the Federal Mine Safety and Health Act of 1977. Some standards also are applicable to surface operations. Regulations and criteria supplementary to these standards also are set forth in this part. 
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12319, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 75.2" NODE="30:1.0.1.12.38.1.215.2" TYPE="SECTION">
<HEAD>§ 75.2   Definitions.</HEAD>
<P>The following definitions apply in this part. 
</P>
<P><I>Act.</I> The Federal Mine Safety and Health Act of 1977. 
</P>
<P><I>Active workings.</I> Any place in a coal mine where miners are normally required to work or travel. 
</P>
<P><I>Adequate interrupting capacity.</I> The ability of an electrical protective device, based upon its required and intended application, to safely interrupt values of current in excess of its trip setting or melting point. 
</P>
<P><I>Anthracite.</I> Coals with a volatile ratio equal to 0.12 or less. The volatile ratio is the volatile matter content divided by the volatile matter plus the fixed carbon. 
</P>
<P><I>Approval documentation.</I> Formal papers issued by the Mine Safety and Health Administration which describe and illustrate the complete assembly of electrical machinery or accessories which have met the applicable requirements of 30 CFR part 18.
</P>
<P><I>Certified or registered.</I> As applied to any person, a person certified or registered by the State in which the coal mine is located to perform duties prescribed by this part 75, except that in a State where no program of certification or registration is provided or where the program does not meet at least minimum Federal standards established by the Secretary, such certification or registration shall be by the Secretary. 
</P>
<P><I>Circuit-interrupting device.</I> A device designed to open and close a circuit by nonautomatic means and to open the circuit automatically at a predetermined overcurrent value without damage to the device when operated within its rating. 
</P>
<P><I>Coal mine.</I> Includes areas of adjoining mines connected underground. 
</P>
<P><I>Filter Self-Rescuer (FSR).</I> A type of gas mask approved by MSHA and NIOSH under 42 CFR part 84 for escape only from underground mines and which provides at least 1 hour of protection against carbon monoxide.
</P>
<P><I>Ground fault or grounded phase.</I> An unintentional connection between an electric circuit and the grounding system. 
</P>
<P><I>Low voltage.</I> Up to and including 660 volts, medium voltage means voltages from 661 to 1,000 volts; and high voltage means more than 1,000 volts. 
</P>
<P><I>Motor-starter enclosure.</I> An enclosure containing motor starting circuits and equipment. 
</P>
<P><I>Nominal voltage.</I> The phase-to-phase or line-to-line root-mean-square value assigned to a circuit or system for designation of its voltage class, such as 480 or 4,160 volts. Actual voltage at which the circuit or system operates may vary from the nominal voltage within a range that permits satisfactory operation of equipment. 
</P>
<P><I>Permissible.</I> (1) As applied to electric face equipment, all electrically operated equipment taken into or used inby the last open crosscut of an entry or a room of any coal mine the electrical parts of which, including, but not limited to, associated electrical equipment, components, and accessories, are designed, constructed, and installed, in accordance with the specifications of the Secretary, to assure that such equipment will not cause a mine explosion or mine fire, and the other features of which are designed and constructed, in accordance with the specifications of the Secretary, to prevent, to the greatest extent possible, other accidents in the use of such equipment. The regulations of the Secretary or the Director of the Bureau of Mines in effect on March 30, 1970, relating to the requirements for investigation, testing, approval, certification, and acceptance of such equipment as permissible shall continue in effect until modified or superseded by the Secretary, except that the Secretary shall provide procedures, including, where feasible, testing, approval, certification, and acceptance in the field by an authorized representative of the Secretary, to facilitate compliance by an operator with the requirements of § 75.500 within the periods prescribed in § 75.500. 
</P>
<P>(2) As applied to equipment other than permissible electric face equipment: (i) Equipment used in the operation of a coal mine to which an approval plate, label, or other device is attached as authorized by the Secretary and which meets specifications which are prescribed by the Secretary for the construction and maintenance of such equipment and are designed to assure that such equipment will not cause a mine explosion or a mine fire. (ii) The manner of use of equipment means the manner of use prescribed by the Secretary. 
</P>
<P><I>Qualified person.</I> As the context requires: 
</P>
<P>(1) An individual deemed qualified by the Secretary and designated by the operator to make tests and examinations required by this part 75; and 
</P>
<P>(2) An individual deemed, in accordance with minimum requirements to be established by the Secretary, qualified by training, education, and experience, to perform electrical work, to maintain electrical equipment, and to conduct examinations and tests of all electrical equipment. 
</P>
<P><I>Respirable dust.</I> Dust collected with a sampling device approved by the Secretary and the Secretary of Health and Human Services in accordance with part 74—Coal Mine Dust Personal Sampler Units of this title. Sampling device approvals issued by the Secretary of the Interior and Secretary of Health, Education, and Welfare are continued in effect. 
</P>
<P><I>Rock dust.</I> Pulverized limestone, dolomite, gypsum, anhydrite, shale, adobe, or other inert material, preferably light colored, 100 percent of which will pass through a sieve having 20 meshes per linear inch and 70 percent or more of which will pass through a sieve having 200 meshes per linear inch; the particles of which when wetted and dried will not cohere to form a cake which will not be dispersed into separate particles by a light blast of air; and which does not contain more than 5 percent combustible matter or more than a total of 4 percent free and combined silica (SiO<E T="52">2</E>), or, where the Secretary finds that such silica concentrations are not available, which does not contain more than 5 percent of free and combined silica. 
</P>
<P><I>Secretary.</I> The Secretary of Labor or the Secretary's delegate. 
</P>
<P><I>Self-Contained Self-Rescuer (SCSR).</I> A type of closed-circuit, self-contained breathing apparatus approved by MSHA and NIOSH under 42 CFR part 84 for escape only from underground mines.
</P>
<P><I>Short circuit.</I> An abnormal connection of relatively low impedance, whether made accidentally or intentionally, between two points of different potential. 
</P>
<P><I>Working face.</I> Any place in a coal mine in which work of extracting coal from its natural deposit in the earth is performed during the mining cycle. 
</P>
<P><I>Working place.</I> The area of a coal mine inby the last open crosscut. 
</P>
<P><I>Working section.</I> All areas of the coal mine from the loading point of the section to and including the working faces. 
</P>
<CITA TYPE="N">[57 FR 20913, May 15, 1992, as amended at 60 FR 30401, June 8, 1995; 67 FR 11001, Mar. 11, 2002]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.12.38.2" TYPE="SUBPART">
<HEAD>Subpart B—Qualified and Certified Persons</HEAD>


<DIV8 N="§ 75.100" NODE="30:1.0.1.12.38.2.215.1" TYPE="SECTION">
<HEAD>§ 75.100   Certified person.</HEAD>
<P>(a) The provisions of Subpart D—Ventilation of this part 75 require that certain examinations and tests be made by a certified person. A certified person within the meaning of those provisions is a person who has been certified as a mine foreman (mine manager), an assistant mine foreman (section foreman), or a preshift examiner (mine examiner). A person who has been so certified is also a qualified person within the meaning of those provisions of subpart D of this part which require that certain tests be made by a qualified person and within the meaning of § 75.1106. 
</P>
<P>(b) A person who is certified as a mine foreman, an assistant mine foreman, or a preshift examiner by the State in which the coal mine is located is, to the extent of the State's certification, a certified person within the meaning of the provisions of subpart D of this part and § 75.1106 referred to in paragraph (a) of this section. 
</P>
<P>(c)(1) The Secretary may certify persons in the categories of mine foreman, assistant mine foreman, and preshift examiner whenever the State in which persons are presently employed in these categories does not provide for such certification. A person's initial certification by MSHA is valid for as long as the person continues to satisfy the requirements necessary to obtain the certification and is employed at the same coal mine or by the same independent contractor. The mine operator or independent contractor shall make an application which satisfactorily shows that each such person has had at least 2 years underground experience in a coal mine, and has held the position of mine foreman, assistant mine foreman, or preshift examiner for a period of 6 months immediately preceding the filing of the application, and is qualified to test for methane and for oxygen deficiency. Applications for Secretarial certification should be submitted in writing to the Health and Safety Activity, Mine Safety and Health Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, Colorado 80225.
</P>
<P>(2) A person certified by the Secretary under this paragraph will be a certified person, within the meaning of the provisions for subpart D of this part and § 75.1106 referred to in paragraph (a) of this section, as long as that person continues to satisfy the requirements for qualification or certification and is employed at the same coal mine or by the same independent contractor.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30514, July 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 75.150" NODE="30:1.0.1.12.38.2.215.2" TYPE="SECTION">
<HEAD>§ 75.150   Tests for methane and for oxygen deficiency; qualified person.</HEAD>
<P>(a) The provisions of Subpart D—Ventilation of this part and § 75.1106 require that tests for methane and for oxygen deficiency be made by a qualified person. A person is a qualified person for this purpose if he is a certified person under § 75.100. 
</P>
<P>(b) Pending issuance of Federal standards, a person will be considered a qualified person for testing for methane and for oxygen deficiency: 
</P>
<P>(1) If he has been qualified for this purpose by the State in which the coal mine is located; or 
</P>
<P>(2) The Secretary may qualify persons for this purpose in a coal mine in which persons are not qualified for this purpose by the State upon an application and a satisfactory showing by the operator of the coal mine that each such person has been trained and designated by the operator to test for methane and oxygen deficiency and has made such tests for a period of 6 months immediately preceding the application. Applications for Secretarial qualification should be submitted to the Health and Safety Activity, Mine Safety and Health Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 75.151" NODE="30:1.0.1.12.38.2.215.3" TYPE="SECTION">
<HEAD>§ 75.151   Tests for methane; qualified person; additional requirement.</HEAD>
<P>Notwithstanding the provisions of § 75.150, on and after January 1, 1971, no person shall be a qualified person for testing for methane unless he demonstrates to the satisfaction of an authorized representative of the Secretary that he is qualified to test for methane with a portable methane detector approved by the Bureau of Mines or the Mine Safety and Health Administration under part 22 of this chapter (Bureau of Mines Schedule 8C). 


</P>
</DIV8>


<DIV8 N="§ 75.152" NODE="30:1.0.1.12.38.2.215.4" TYPE="SECTION">
<HEAD>§ 75.152   Tests of air flow; qualified person.</HEAD>
<P>A person is a qualified person within the meaning of the provisions of Subpart D—Ventilation of this part requiring that tests of air flow be made by a qualified person only if he is a certified person under § 75.100 or a person trained and designated by a certified person to perform such tests. 


</P>
</DIV8>


<DIV8 N="§ 75.153" NODE="30:1.0.1.12.38.2.215.5" TYPE="SECTION">
<HEAD>§ 75.153   Electrical work; qualified person.</HEAD>
<P>(a) Except as provided in paragraph (f) of this section, an individual is a qualified person within the meaning of §§ 75.511 and 75.512 to perform electrical work (other than work on energized surface high-voltage lines) if: 
</P>
<P>(1) He has been qualified as a coal mine electrician by a State that has a coal mine electrical qualification program approved by the Secretary; or, 
</P>
<P>(2) He has at least 1 year of experience in performing electrical work underground in a coal mine, in the surface work areas of an underground coal mine, in a surface coal mine, in a noncoal mine, in the mine equipment manufacturing industry, or in any other industry using or manufacturing similar equipment, and has satisfactorily completed a coal mine electrical training program approved by the Secretary; or, 
</P>
<P>(3) He has at least 1 year of experience, prior to the date of the application required by paragraph (c) of this section, in performing electrical work underground in a coal mine, in the surface work areas of an underground coal mine, in a surface coal mine, in a noncoal mine, in the mine equipment manufacturing industry, or in any other industry using or manufacturing similar equipment, and he attains a satisfactory grade on each of the series of five written tests approved by the Secretary and prescribed in paragraph (b) of this section. 
</P>
<P>(b) The series of five written tests approved by the Secretary shall include the following categories: 
</P>
<P>(1) Direct current theory and application; 
</P>
<P>(2) Alternating current theory and application; 
</P>
<P>(3) Electric equipment and circuits; 
</P>
<P>(4) Permissibility of electric equipment; and, 
</P>
<P>(5) Requirements of subparts F through K of this part 75. 
</P>
<P>(c) In order to take the series of five written tests approved by the Secretary, an individual shall apply to the District Manager and shall certify that he meets the requirements of paragraph (a)(3) of this section. The tests will be administered in the Coal Mine Safety and Health Districts at regular intervals, or as demand requires. 
</P>
<P>(d) A score of at least 80 percent of each of the five written tests will be deemed to be a satisfactory grade. Recognition shall be given to practical experience in that 1 percentage point shall be added to an individual's score in each test for each additional year of experience beyond the 1 year minimum requirement specified in paragraph (a)(3) of this section; however, in no case shall an individual be given more than 5 percentage points for such practical experience. 
</P>
<P>(e) An individual may, within 30 days from the date on which he received notification from the Administration of his test scores, repeat those on which he received an unsatisfactory score. If further retesting is necessary after this initial repetition, a minimum of 30 days from the date of receipt of notification of the initial retest scores shall elapse prior to such further retesting. 
</P>
<P>(f) An individual who has, prior to November 1, 1972, been qualified to perform electrical work specified in §§ 75.511 and 75.512 (other than work on energized surface high-voltage lines) shall continue to be qualified until June 30, 1973. To remain qualified after June 30, 1973, such individual shall meet the requirements of either paragraph (a) (1), (2), or (3) of this section. 
</P>
<P>(g) An individual qualified in accordance with this section shall, in order to retain qualification, certify annually to the District Manager, that he has satisfactorily completed a coal mine electrical retraining program approved by the Secretary. 
</P>
<CITA TYPE="N">[37 FR 22376, Oct. 19, 1972, as amended at 44 FR 9380, Feb. 13, 1979; 47 FR 23641, May 28, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 75.154" NODE="30:1.0.1.12.38.2.215.6" TYPE="SECTION">
<HEAD>§ 75.154   Repair of energized surface high voltage lines; qualified person.</HEAD>
<P>An individual is a qualified person within the meaning of § 75.705 for the purpose of repairing energized surface high voltage lines only if he has had at least 2 years experience in electrical maintenance, and at least 2 years experience in the repair of energized high voltage surface lines located on poles or structures. 


</P>
</DIV8>


<DIV8 N="§ 75.155" NODE="30:1.0.1.12.38.2.215.7" TYPE="SECTION">
<HEAD>§ 75.155   Qualified hoisting engineer; qualifications.</HEAD>
<P>(a)(1) A person is a qualified hoisting engineer within the provisions of subpart O of this part, for the purpose of operating a steam-driven hoist in a coal mine, if he has at least 1 year experience as an engineer in a steam-driven hoisting plant and is qualified by the State in which the mine is located as a steam-hoisting engineer; or 
</P>
<P>(2) If a State has no program for qualifying persons as steam-hoisting engineers, the Secretary may qualify persons for this purpose if the operator of the coal mine in which such persons are employed, or the independent contractor, makes an application and a satisfactory showing that each such person has had 1 year experience in operating steam-driven hoists and has held the position of hoisting engineer for a period of 6 months immediately preceding the application. A person's qualification is valid for as long as this person continues to satisfy the requirements necessary for qualification and is employed at the same coal mine or by the same independent contractor.
</P>
<P>(b)(1) A person is a qualified hoisting engineer within the provisions of subpart O of this part, for the purpose of operating an electrically driven hoist in a coal mine, if he has at least 1 year experience operating a hoist plant in a mine or maintaining electric-hoist equipment in a mine and is qualified by the State in which the mine is located as an electric-hoisting engineer; or 
</P>
<P>(2) If a State has no program for qualifying persons as electric-hoisting engineers, the Secretary may qualify persons for this purpose if the operator of the coal mine in which such persons are employed, or the independent contractor, makes an application and a satisfactory showing that each such person has had 1 year experience in operating electric-driven hoists and has held the position of hoisting engineer for a period of 6 months immediately preceding the application. A person's qualification is valid for as long as this person continues to satisfy the requirements for qualification and is employed at the same coal mine or by the same independent contractor.
</P>
<P>(c) Applications for Secretarial qualification should be submitted to the Health and Safety Activity, Mine Safety and Health Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225.
</P>
<CITA TYPE="N">[35 FR 17894, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 75.156" NODE="30:1.0.1.12.38.2.215.8" TYPE="SECTION">
<HEAD>§ 75.156   AMS operator, qualifications.</HEAD>
<P>(a) To be qualified as an AMS operator, a person shall be provided with task training on duties and responsibilities at each mine where an AMS operator is employed in accordance with the mine operator's approved Part 48 training plan.
</P>
<P>(b) An AMS operator must be able to demonstrate to an authorized representative of the Secretary that he/she is qualified to perform in the assigned position.
</P>
<CITA TYPE="N">[73 FR 80612, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.159" NODE="30:1.0.1.12.38.2.215.9" TYPE="SECTION">
<HEAD>§ 75.159   Records of certified and qualified persons.</HEAD>
<P>The operator of each coal mine shall maintain a list of all certified and qualified persons designated to perform duties under this part 75.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.160" NODE="30:1.0.1.12.38.2.215.10" TYPE="SECTION">
<HEAD>§ 75.160   Training programs.</HEAD>
</DIV8>


<DIV7 N="215" NODE="30:1.0.1.12.38.2.215" TYPE="SUBJGRP">
<HEAD>[Statutory Provision]</HEAD>

<P>Every operator of a coal mine shall provide a program, approved by the Secretary, of training and retraining of both qualified and certified persons needed to carry out functions prescribed in the Act. 


</P>

<DIV8 N="§ 75.161" NODE="30:1.0.1.12.38.2.215.11" TYPE="SECTION">
<HEAD>§ 75.161   Plans for training programs.</HEAD>
<P>Each operator must submit to the district manager, of the Coal Mine Safety and Health District in which the mine is located, a program or plan setting forth what, when, how, and where the operator will train and retrain persons whose work assignments require that they be certified or qualified. The program must provide—
</P>
<P>(a) For certified persons, annual training courses in first aid, principles of mine rescue, and the provisions of this part 75; and
</P>
<P>(b) For qualified persons, annual courses in performance of the task which they perform as qualified persons.
</P>
<CITA TYPE="N">[63 FR 53761, Oct. 6, 1998]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.12.38.3" TYPE="SUBPART">
<HEAD>Subpart C—Roof Support</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 2375, Jan. 27, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 75.200" NODE="30:1.0.1.12.38.3.216.1" TYPE="SECTION">
<HEAD>§ 75.200   Scope.</HEAD>
<P>This subpart C sets forth requirements for controlling roof, face and ribs, including coal or rock bursts, in underground coal mines. Roof control systems installed prior to the effective date of this subpart are not affected so long as the support system continues to effectively control the roof, face and ribs. 


</P>
</DIV8>


<DIV8 N="§ 75.201" NODE="30:1.0.1.12.38.3.216.2" TYPE="SECTION">
<HEAD>§ 75.201   Definitions.</HEAD>
<P><I>Automated temporary roof support (ATRS) system.</I> A device to provide temporary roof support from a location where the equipment operator is protected from roof falls. 
</P>
<P><I>Pillar recovery.</I> Any reduction in pillar size during retreat mining. 


</P>
</DIV8>


<DIV8 N="§ 75.202" NODE="30:1.0.1.12.38.3.216.3" TYPE="SECTION">
<HEAD>§ 75.202   Protection from falls of roof, face and ribs.</HEAD>
<P>(a) The roof, face and ribs of areas where persons work or travel shall be supported or otherwise controlled to protect persons from hazards related to falls of the roof, face or ribs and coal or rock bursts. 
</P>
<P>(b) No person shall work or travel under unsupported roof unless in accordance with this subpart. 


</P>
</DIV8>


<DIV8 N="§ 75.203" NODE="30:1.0.1.12.38.3.216.4" TYPE="SECTION">
<HEAD>§ 75.203   Mining methods.</HEAD>
<P>(a) The method of mining shall not expose any person to hazards caused by excessive widths of rooms, crosscuts and entries, or faulty pillar recovery methods. Pillar dimensions shall be compatible with effective control of the roof, face and ribs and coal or rock bursts. 
</P>
<P>(b) A sightline or other method of directional control shall be used to maintain the projected direction of mining in entries, rooms, crosscuts and pillar splits. 
</P>
<P>(c) A sidecut shall be started only from an area that is supported in accordance with the roof control plan. 
</P>
<P>(d) A working face shall not be mined through into an unsupported area of active workings, except when the unsupported area is inaccessible. 
</P>
<P>(e) Additional roof support shall be installed where— 
</P>
<P>(1) The width of the opening specified in the roof control plan is exceeded by more than 12 inches; and 
</P>
<P>(2) The distance over which the excessive width exists is more than 5 feet. 


</P>
</DIV8>


<DIV8 N="§ 75.204" NODE="30:1.0.1.12.38.3.216.5" TYPE="SECTION">
<HEAD>§ 75.204   Roof bolting.</HEAD>
<P>(a) For roof bolts and accessories addressed in ASTM F432-95, “Standard Specification for Roof and Rock Bolts and Accessories,” the mine operator shall—
</P>
<P>(1) Obtain a manufacturer's certification that the material was manufactured and tested in accordance with the specifications of ASTM F432-95; and
</P>
<P>(2) Make this certification available to an authorized representative of the Secretary and to the representative of miners.
</P>
<P>(b) Roof bolts and accessories not addressed in ASTM F432-95 may be used, provided that the use of such materials is approved by the District Manager based on—
</P>
<P>(1) Demonstrations which show that the materials have successfully supported the roof in an area of a coal mine with similar strata, opening dimensions and roof stresses; or
</P>
<P>(2) Tests which show the materials to be effective for supporting the roof in an area of the affected mine which has similar strata, opening dimensions and roof stresses as the area where the roof bolts are to be used. During the test process, access to the test area shall be limited to persons necessary to conduct the test.
</P>
<P>(c)(1) A bearing plate shall be firmly installed with each roof bolt. 
</P>
<P>(2) Bearing plates used directly against the mine roof shall be at least 6 inches square or the equivalent, except that where the mine roof is firm and not susceptible to sloughing, bearing plates 5 inches square or the equivalent may be used. 
</P>
<P>(3) Bearing plates used with wood or metal materials shall be at least 4 inches square or the equivalent. 
</P>
<P>(4) Wooden materials that are used between a bearing plate and the mine roof in areas which will exist for three years or more shall be treated to minimize deterioration. 
</P>
<P>(d) When washers are used with roof bolts, the washers shall conform to the shape of the roof bolt head and bearing plate.
</P>
<P>(e)(1) The diameter of finishing bits shall be within a tolerance of plus or minus 0.030 inch of the manufacturer's recommended hole diameter for the anchor used. 
</P>
<P>(2) When separate finishing bits are used, they shall be distinguishable from other bits. 
</P>
<P>(f) <I>Tensioned roof bolts.</I> (1) Roof bolts that provide support by creating a beam of laminated strata shall be at least 30 inches long. Roof bolts that provide support by suspending the roof from overlying stronger strata shall be long enough to anchor at least 12 inches into the stronger strata. 
</P>
<P>(2) Test holes, spaced at intervals specified in the roof control plan, shall be drilled to a depth of at least 12 inches above the anchorage horizon of mechanically anchored tensioned bolts being used. When a test hole indicates that bolts would not anchor in competent strata, corrective action shall be taken. 
</P>
<P>(3) The installed torque or tension ranges for roof bolts as specified in the roof control plan shall maintain the integrity of the support system and shall not exceed the yield point of the roof bolt nor anchorage capacity of the strata. 
</P>
<P>(4) In each roof bolting cycle, the actual torque or tension of the first tensioned roof bolt installed with each drill head shall be measured immediately after it is installed. Thereafter, for each drill head used, at least one roof bolt out of every four installed shall be measured for actual torque or tension. If the torque or tension of any of the roof bolts measured is not within the range specified in the roof control plan, corrective action shall be taken. 
</P>
<P>(5) In working places from which coal is produced during any portion of a 24-hour period, the actual torque or tension on at least one out of every ten previously installed mechanically anchored tensioned roof bolts shall be measured from the outby corner of the last open crosscut to the face in each advancing section. Corrective action shall be taken if the majority of the bolts measured— 
</P>
<P>(i) Do not maintain at least 70 percent of the minimum torque or tension specified in the roof control plan, 50 percent if the roof bolt plates bear against wood; or 
</P>
<P>(ii) Have exceeded the maximum specified torque or tension by 50 percent. 
</P>
<P>(6) The mine operator or a person designated by the operator shall certify by signature and date that measurements required by paragraph (f)(5) of this section have been made. This certification shall be maintained for at least one year and shall be made available to an authorized representative of the Secretary and representatives of the miners. 
</P>
<P>(7) Tensioned roof bolts installed in the roof support pattern shall not be used to anchor trailing cables or used for any other purpose that could affect the tension of the bolt. Hanging trailing cables, line brattice, telephone lines, or other similar devices which do not place sudden loads on the bolts are permitted. 
</P>
<P>(8) Angle compensating devices shall be used to compensate for the angle when tensioned roof bolts are installed at angles greater than 5 degrees from the perpendicular to the bearing plate. 
</P>
<P>(g) <I>Non-tensioned grouted roof bolts.</I> The first non-tensioned grouted roof bolt installed during each roof bolting cycle shall be tested during or immediately after the first row of bolts has been installed. If the bolt tested does not withstand at least 150 foot-pounds of torque without rotating in the hole, corrective action shall be taken. 
</P>
<CITA TYPE="N">[53 FR 2375, Jan. 27, 1988, as amended at 55 FR 4595, Feb. 8, 1990; 63 FR 20030, Apr. 22, 1998]


</CITA>
</DIV8>


<DIV8 N="§ 75.205" NODE="30:1.0.1.12.38.3.216.6" TYPE="SECTION">
<HEAD>§ 75.205   Installation of roof support using mining machines with integral roof bolters.</HEAD>
<P>When roof bolts are installed by a continuous mining machine with integral roof bolting equipment: 
</P>
<P>(a) The distance between roof bolts shall not exceed 10 feet crosswise. 
</P>
<P>(b) Roof bolts to be installed 9 feet or more apart shall be installed with a wooden crossbar at least 3 inches thick and 8 inches wide, or material which provides equivalent support. 
</P>
<P>(c) Roof bolts to be installed more than 8 feet but less than 9 feet apart shall be installed with a wooden plank at least 2 inches thick and 8 inches wide, or material which provides equivalent support. 


</P>
</DIV8>


<DIV8 N="§ 75.206" NODE="30:1.0.1.12.38.3.216.7" TYPE="SECTION">
<HEAD>§ 75.206   Conventional roof support.</HEAD>
<P>(a) Except in anthracite mines using non-mechanized mining systems, when conventional roof support materials are used as the only means of support— 
</P>
<P>(1) The width of any opening shall not exceed 20 feet; 
</P>
<P>(2) The spacing of roadway roof support shall not exceed 5 feet; 
</P>
<P>(3)(i) Supports shall be installed to within 5 feet of the uncut face; 
</P>
<P>(ii) When supports nearest the face must be removed to facilitate the operation of face equipment, equivalent temporary support shall be installed prior to removing the supports; 
</P>
<P>(4) Straight roadways shall not exceed 16 feet wide where full overhead support is used and 14 feet wide where only posts are used; 
</P>
<P>(5) Curved roadways shall not exceed 16 feet wide; and 
</P>
<P>(6) The roof at the entrance of all openings along travelways which are no longer needed for storing supplies or for travel of equipment shall be supported by extending the line of support across the opening. 
</P>
<P>(b) Conventional roof support materials shall meet the following specifications: 
</P>
<P>(1) The minimum diameter of cross-sectional area of wooden posts shall be as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Post length (in inches) 
</TH><TH class="gpotbl_colhed" scope="col">Diameter of round posts (in inches) 
</TH><TH class="gpotbl_colhed" scope="col">Cross-sectional area of split posts (in square inches)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">60 or less</TD><TD align="right" class="gpotbl_cell">4</TD><TD align="right" class="gpotbl_cell">13
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 60 to 84</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">20
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 84 to 108</TD><TD align="right" class="gpotbl_cell">6</TD><TD align="right" class="gpotbl_cell">28
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 108 to 132</TD><TD align="right" class="gpotbl_cell">7</TD><TD align="right" class="gpotbl_cell">39
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 132 to 156</TD><TD align="right" class="gpotbl_cell">8</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 156 to 180</TD><TD align="right" class="gpotbl_cell">9</TD><TD align="right" class="gpotbl_cell">64
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 180 to 204</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">79
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 204 to 228</TD><TD align="right" class="gpotbl_cell">11</TD><TD align="right" class="gpotbl_cell">95
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 228</TD><TD align="right" class="gpotbl_cell">12</TD><TD align="right" class="gpotbl_cell">113</TD></TR></TABLE></DIV></DIV>
<P>(2) Wooden materials used for support shall have the following dimensions: 
</P>
<P>(i) Cap blocks and footings shall have flat sides and be at least 2 inches thick, 4 inches wide and 12 inches long. 
</P>
<P>(ii) Crossbars shall have a minimum cross-sectional area of 24 square inches and be at least 3 inches thick. 
</P>
<P>(iii) Planks shall be at least 6 inches wide and 1 inch thick. 
</P>
<P>(3) Cribbing materials shall have at least two parallel flat sides. 
</P>
<P>(c) A cluster of two or more posts that provide equivalent strength may be used to meet the requirements of paragraph (b)(1) of this section, except that no post shall have a diameter less than 4 inches or have a cross-sectional area less than 13 square inches. 
</P>
<P>(d) Materials other than wood used for support shall have support strength at least equivalent to wooden material meeting the applicable provisions of this section. 
</P>
<P>(e) Posts and jacks shall be tightly installed on solid footing. 
</P>
<P>(f) When posts are installed under roof susceptible to sloughing a cap block, plank, crossbar or materials that are equally effective shall be placed between the post and the roof. 
</P>
<P>(g) Blocks used for lagging between the roof and crossbars shall be spaced to distribute the load. 
</P>
<P>(h) Jacks used for roof support shall be used with at least 36 square inches of roof bearing surface. 
</P>
<CITA TYPE="N">[53 FR 2375, Jan. 27, 1988, as amended at 55 FR 14228, Apr. 16, 1990; 55 FR 20137, May 15, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 75.207" NODE="30:1.0.1.12.38.3.216.8" TYPE="SECTION">
<HEAD>§ 75.207   Pillar recovery.</HEAD>
<P>Pillar recovery shall be conducted in the following manner, unless otherwise specified in the roof control plan: 
</P>
<P>(a) Full and partial pillar recovery shall not be conducted on the same pillar line, except where physical conditions such as unstable floor or roof, falls of roof, oil and gas well barriers or surface subsidence require that pillars be left in place. 
</P>
<P>(b) Before mining is started in a pillar split or lift— 
</P>
<P>(1) At least two rows of breaker posts or equivalent support shall be installed— 
</P>
<P>(i) As close to the initial intended breakline as practicable; and 
</P>
<P>(ii) Across each opening leading into an area where full or partial pillar extraction has been completed. 
</P>
<P>(2) A row of roadside-radius (turn) posts or equivalent support shall be installed leading into the split or lift. 
</P>
<P>(c) Before mining is started on a final stump— 
</P>
<P>(1) At least 2 rows of posts or equivalent support shall be installed on not more than 4-foot centers on each side of the roadway; and 
</P>
<P>(2) Only one open roadway, which shall not exceed 16 feet wide, shall lead from solid pillars to the final stump of a pillar. Where posts are used as the sole means of roof support, the width of the roadway shall not exceed 14 feet. 
</P>
<P>(d) During open-end pillar extraction, at least 2 rows of breaker posts or equivalent support shall be installed on not more than 4-foot centers. These supports shall be installed between the lift to be started and the area where pillars have been extracted. These supports shall be maintained to within 7 feet of the face and the width of the roadway shall not exceed 16 feet. Where posts are used as the sole means of roof support, the width of the roadway shall not exceed 14 feet. 


</P>
</DIV8>


<DIV8 N="§ 75.208" NODE="30:1.0.1.12.38.3.216.9" TYPE="SECTION">
<HEAD>§ 75.208   Warning devices.</HEAD>
<P>Except during the installation of roof supports, the end of permanent roof support shall be posted with a readily visible warning, or a physical barrier shall be installed to impede travel beyond permanent support. 


</P>
</DIV8>


<DIV8 N="§ 75.209" NODE="30:1.0.1.12.38.3.216.10" TYPE="SECTION">
<HEAD>§ 75.209   Automated Temporary Roof Support (ATRS) systems.</HEAD>
<P>(a) Except in anthracite mines and as specified in paragraphs (b) and (c) of this section, an ATRS system shall be used with roof bolting machines and continuous-mining machines with integral roof bolters operated in a working section. The requirements of this paragraph shall be met according to the following schedule: 
</P>
<P>(1) All new machines ordered after March 28, 1988. 
</P>
<P>(2) All existing machines operated in mining heights of 36 inches or more after March 28, 1989; and 
</P>
<P>(3) All existing machines operated in mining heights of 30 inches or more but less than 36 inches after March 28, 1990. 
</P>
<P>(b) After March 28, 1990 the use of ATRS systems with existing roof bolting machines and continuous-mining machines with integral roof bolters operated in a working section where the mining height is less than 30 inches shall be addressed in the roof control plan. 
</P>
<P>(c) Alternative means of temporary support shall be used, as specified in the roof control plan, when— 
</P>
<P>(1) Mining conditions or circumstances prevent the use of an ATRS system; or 
</P>
<P>(2) Temporary supports are installed in conjunction with an ATRS system. 
</P>
<P>(d) Persons shall work or travel between the support device of the ATRS system and another support, and the distance between the support device of the ATRS system and support to the left, right or beyond the ATRS system, shall not exceed 5 feet. 
</P>
<P>(e) Each ATRS system shall meet each of the following: 
</P>
<P>(1) The ATRS system shall elastically support a deadweight load measured in pounds of at least 450 times each square foot of roof intended to be supported, but in no case less than 11,250 pounds. 
</P>
<P>(2) The controls that position and set the ATRS system shall be— 
</P>
<P>(i) Operable from under permanently supported roof; or 
</P>
<P>(ii) Located in a compartment, which includes a deck, that provides the equipment operator with overhead and lateral protection, and has the structural capacity to elastically support a deadweight load of at least 18,000 pounds. 
</P>
<P>(3) All jacks affecting the capacity of the ATRS system and compartment shall have check valves or equivalent devices that will prevent rapid collapse in the event of a system failure. 
</P>
<P>(4) Except for the main tram controls, tram controls for positioning the equipment to set the ATRS system shall limit the speed of the equipment to a maximum of 80 feet-per-minute. 
</P>
<P>(f) The support capacity of each ATRS system and the structural capacity of each compartment shall be certified by a registered engineer as meeting the applicable requirements of paragraphs (e)(1) and (e)(2) of this section. The certifications shall be made available to an authorized representative of the Secretary and representative of the miners. 


</P>
</DIV8>


<DIV8 N="§ 75.210" NODE="30:1.0.1.12.38.3.216.11" TYPE="SECTION">
<HEAD>§ 75.210   Manual installation of temporary support.</HEAD>
<P>(a) When manually installing temporary support, only persons engaged in installing the support shall proceed beyond permanent support. 
</P>
<P>(b) When manually installing temporary supports, the first temporary support shall be set no more than 5 feet from a permanent roof support and the rib. All temporary supports shall be set so that the person installing the supports remains between the temporary support being set and two other supports which shall be no more than 5 feet from the support being installed. Each temporary support shall be completely installed prior to installing the next temporary support. 
</P>
<P>(c) All temporary supports shall be placed on no more than 5-foot centers. 
</P>
<P>(d) Once temporary supports have been installed, work or travel beyond permanent roof support shall be done between temporary supports and the nearest permanent support or between other temporary supports. 


</P>
</DIV8>


<DIV8 N="§ 75.211" NODE="30:1.0.1.12.38.3.216.12" TYPE="SECTION">
<HEAD>§ 75.211   Roof testing and scaling.</HEAD>
<P>(a) A visual examination of the roof, face and ribs shall be made immediately before any work is started in an area and thereafter as conditions warrant. 
</P>
<P>(b) Where the mining height permits and the visual examination does not disclose a hazardous condition, sound and vibration roof tests, or other equivalent tests, shall be made where supports are to be installed. When sound and vibration tests are made, they shall be conducted— 
</P>
<P>(1) After the ATRS system is set against the roof and before other support is installed; or 
</P>
<P>(2) Prior to manually installing a roof support. This test shall begin under supported roof and progress no further than the location where the next support is to be installed. 
</P>
<P>(c) When a hazardous roof, face, or rib condition is detected, the condition shall be corrected before there is any other work or travel in the affected area. If the affected area is left unattended, each entrance to the area shall be posted with a readily visible warning, or a physical barrier shall be installed to impede travel into the area. 
</P>
<P>(d) A bar for taking down loose material shall be available in the working place or on all face equipment except haulage equipment. Bars provided for taking down loose material shall be of a length and design that will allow the removal of loose material from a position that will not expose the person performing this work to injury from falling material. 


</P>
</DIV8>


<DIV8 N="§ 75.212" NODE="30:1.0.1.12.38.3.216.13" TYPE="SECTION">
<HEAD>§ 75.212   Rehabilitation of areas with unsupported roof.</HEAD>
<P>(a) Before rehabilitating each area where a roof fall has occurred or the roof has been removed by mining machines or by blasting— 
</P>
<P>(1) The mine operator shall establish the clean up and support procedures that will be followed; 
</P>
<P>(2) All persons assigned to perform rehabilitation work shall be instructed in the clean-up and support procedures; and 
</P>
<P>(3) Ineffective, damaged or missing roof support at the edge of the area to be rehabilitated shall be replaced or other equivalent support installed. 
</P>
<P>(b) All persons who perform rehabilitation work shall be experienced in this work or they shall be supervised by a person experienced in rehabilitation work who is designated by the mine operator. 
</P>
<P>(c) Where work is not being performed to rehabilitate an area in active workings where a roof fall has occurred or the roof has been removed by mining machines or by blasting, each entrance to the area shall be supported by at least one row of posts on not more than 5-foot centers, or equally effective support. 


</P>
</DIV8>


<DIV8 N="§ 75.213" NODE="30:1.0.1.12.38.3.216.14" TYPE="SECTION">
<HEAD>§ 75.213   Roof support removal.</HEAD>
<P>(a)(1) All persons who perform the work of removing permanent roof supports shall be supervised by a management person experienced in removing roof supports.
</P>
<P>(2) Only persons with at least one year of underground mining experience shall perform permanent roof support removal work.
</P>
<P>(b) Prior to the removal of permanent roof supports, the person supervising roof support removal in accordance with paragraph (a)(1) of this section shall examine the roof conditions in the area where the supports are to be removed and designate each support to be removed.
</P>
<P>(c)(1) Except as provided in paragraph (g) of this section, prior to the removal of permanent supports, a row of temporary supports on no more than 5-foot centers or equivalent support shall be installed across the opening within 4 feet of the supports being removed. Additional supports shall be installed where necessary to assure safe removal.
</P>
<P>(2) Prior to the removal of roof bolts, temporary support shall be installed as close as practicable to each roof bolt being removed.
</P>
<P>(d) Temporary supports installed in accordance with this section shall not be removed unless—
</P>
<P>(1) Removal is done by persons who are in a remote location under supported roof; and
</P>
<P>(2) At least two rows of temporary supports, set across the opening on no more than 5-foot centers, are maintained between the miners and the unsupported area.
</P>
<P>(e) Each entrance to an area where supports have been removed shall be posted with a readily visible warning or a physical barrier shall be installed to impede travel into the area.
</P>
<P>(f) Except as provided in paragraph (g) of this section, permanent support shall not be removed where—
</P>
<P>(1) Roof bolt torque or tension measurements or the condition of conventional support indicate excessive loading;
</P>
<P>(2) Roof fractures are present;
</P>
<P>(3) There is any other indication that the roof is structurally weak; or
</P>
<P>(4) Pillar recovery has been conducted.
</P>
<P>(g) Permanent supports may be removed provided that:
</P>
<P>(1) Removal is done by persons who are in a remote location under supported roof; and
</P>
<P>(2) At least two rows of temporary supports, set across the opening on no more than 5-foot centers, are maintained between the miners and the unsupported area.
</P>
<P>(h) The provisions of this section do not apply to removal of conventional supports for starting crosscuts and pillar splits or lifts except that prior to the removal of these supports an examination of the roof conditions shall be made.
</P>
<CITA TYPE="N">[55 FR 4595, Feb. 8, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 75.214" NODE="30:1.0.1.12.38.3.216.15" TYPE="SECTION">
<HEAD>§ 75.214   Supplemental support materials, equipment and tools.</HEAD>
<P>(a) A supply of supplementary roof support materials and the tools and equipment necessary to install the materials shall be available at a readily accessible location on each working section or within four crosscuts of each working section.
</P>
<P>(b) The quantity of support materials and tools and equipment maintained available in accordance with this section shall be sufficient to support the roof if adverse roof conditions are encountered, or in the event of an accident involving a fall.


</P>
</DIV8>


<DIV8 N="§ 75.215" NODE="30:1.0.1.12.38.3.216.16" TYPE="SECTION">
<HEAD>§ 75.215   Longwall mining systems.</HEAD>
<P>For each longwall mining section, the roof control plan shall specify—
</P>
<P>(a) The methods that will be used to maintain a safe travelway out of the section through the tailgate side of the longwall; and 
</P>
<P>(b) The procedures that will be followed if a ground failure prevents travel out of the section through the tailgate side of the longwall.


</P>
</DIV8>


<DIV8 N="§ 75.220" NODE="30:1.0.1.12.38.3.216.17" TYPE="SECTION">
<HEAD>§ 75.220   Roof control plan.</HEAD>
<P>(a)(1) Each mine operator shall develop and follow a roof control plan, approved by the District Manager, that is suitable to the prevailing geological conditions, and the mining system to be used at the mine. Additional measures shall be taken to protect persons if unusual hazards are encountered. 
</P>
<P>(2) The proposed roof control plan and any revisions to the plan shall be submitted, in writing, to the District Manager. When revisions to a roof control plan are proposed, only the revised pages need to be submitted unless otherwise specified by the District Manager. 
</P>
<P>(b)(1) The mine operator will be notified in writing of the approval or denial of approval of a proposed roof control plan or proposed revision. 
</P>
<P>(2) When approval of a proposed plan or revision is denied, the deficiencies of the plan or revision and recommended changes will be specified and the mine operator will be afforded an opportunity to discuss the deficiencies and changes with the District Manager.
</P>
<P>(3) Before new support materials, devices or systems other than roof bolts and accessories, are used as the only means of roof support, the District Manager may require that their effectiveness be demonstrated by experimental installations. 
</P>
<P>(c) No proposed roof control plan or revision to a roof control plan shall be implemented before it is approved. 
</P>
<P>(d) Before implementing an approved revision to a roof control plan, all persons who are affected by the revision shall be instructed in its provisions. 
</P>
<P>(e) The approved roof control plan and any revisions shall be available to the miners and representative of miners at the mine. 
</P>
<CITA TYPE="N">[53 FR 2375, Jan. 27, 1988; 53 FR 11395, Apr. 6, 1988, as amended at 60 FR 33723, June 29, 1995; 71 FR 16668, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.221" NODE="30:1.0.1.12.38.3.216.18" TYPE="SECTION">
<HEAD>§ 75.221   Roof control plan information.</HEAD>
<P>(a) The following information shall be included in each roof control plan: 
</P>
<P>(1) The name and address of the company. 
</P>
<P>(2) The name, address, mine identification number and location of the mine. 
</P>
<P>(3) The name and title of the company official responsible for the plan. 
</P>
<P>(4) A typical columnar section of the mine strata which shall— 
</P>
<P>(i) Show the name and the thickness of the coalbed to be mined and any persistent partings; 
</P>
<P>(ii) Identify the type and show the thickness of each stratum up to and including the main roof above the coalbed and for distance of at least 10 feet below the coalbed; and 
</P>
<P>(iii) Indicate the maximum cover over the area to be mined. 
</P>
<P>(5) A description and drawings of the sequence of installation and spacing of supports for each method of mining used. 
</P>
<P>(6) When an ATRS system is used, the maximum distance that an ATRS system is to be set beyond the last row of permanent support. 
</P>
<P>(7) When tunnel liners or arches are to be used for roof support, specifications and installation procedures for the liners or arches. 
</P>
<P>(8) Drawings indicating the planned width of openings, size of pillars, method of pillar recovery, and the sequence of mining pillars. 
</P>
<P>(9) A list of all support materials required to be used in the roof, face and rib control system, including, if roof bolts are to be installed— 
</P>
<P>(i) The length, diameter, grade and type of anchorage unit to be used; 
</P>
<P>(ii) The drill hole size to be used; and 
</P>
<P>(iii) The installed torque or tension range for tensioned roof bolts. 
</P>
<P>(10) When mechanically anchored tensioned roof bolts are used, the intervals at which test holes will be drilled.
</P>
<P>(11) A description of the method of protecting persons— 
</P>
<P>(i) From falling material at drift openings; and 
</P>
<P>(ii) When mining approaches within 150 feet of an outcrop. 
</P>
<P>(12) A description of the roof and rib support necessary for the refuge alternatives.
</P>
<P>(b) Each drawing submitted with a roof control plan shall contain a legend explaining all symbols used and shall specify the scale of the drawing which shall not be less than 5 feet to the inch or more than 20 feet to the inch. 
</P>
<P>(c) All roof control plan information, including drawings, shall be submitted on 8
<FR>1/2</FR> by 11 inch paper, or paper folded to this size.
</P>
<CITA TYPE="N">[53 FR 2375, Jan. 27, 1988, as amended at 60 FR 33723, June 29, 1995; 73 FR 80697, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.222" NODE="30:1.0.1.12.38.3.216.19" TYPE="SECTION">
<HEAD>§ 75.222   Roof control plan-approval criteria.</HEAD>
<P>(a) This section sets forth the criteria that shall be considered on a mine-by-mine basis in the formulation and approval of roof control plans and revisions. Additional measures may be required in plans by the District Manager. Roof control plans that do not conform to the applicable criteria in this section may be approved by the District Manager, provided that effective control of the roof, face and ribs can be maintained.
</P>
<P>(b) <I>Roof Bolting.</I> (1) Roof bolts should be installed on centers not exceeding 5 feet lengthwise and crosswise, except as specified in § 75.205.
</P>
<P>(2) When tensioned roof bolts are used as a means of roof support, the torque or tension range should be capable of supporting roof bolt loads of at least 50 percent of either the yield point of the bolt or anchorage capacity of the strata, whichever is less. 
</P>
<P>(3) Any opening that is more than 20 feet wide should be supported by a combination of roof bolts and conventional supports. 
</P>
<P>(4) In any opening more than 20 feet wide— 
</P>
<P>(i) Posts should be installed to limit each roadway to 16 feet wide where straight and 18 feet wide where curved; and 
</P>
<P>(ii) A row of posts should be set for each 5 feet of space between the roadway posts and the ribs. 
</P>
<P>(5) Openings should not be more than 30 feet wide. 
</P>
<P>(c) <I>Installation of roof support using mining machines with integral roof bolters.</I> (1) Before an intersection or pillar split is started, roof bolts should be installed on at least 5-foot centers where the work is performed. 
</P>
<P>(2) Where the roof is supported by only two roof bolts crosswise, openings should not be more than 16 feet wide. 
</P>
<P>(d) <I>Pillar recovery.</I> (1) During development, any dimension of a pillar should be at least 20 feet. 
</P>
<P>(2) Pillar splits and lifts should not be more than 20 feet wide.
</P>
<P>(3) Breaker posts should be installed on not more than 4-foot centers.
</P>
<P>(4) Roadside-radius (turn) posts, or equivalent support, should be installed on not more than 4-foot centers leading into each pillar split or lift.
</P>
<P>(5) Before full pillar recovery is started in areas where roof bolts are used as the only means of roof support and openings are more than 16 feet wide, at least one row of posts should be installed to limit the roadway width to 16 feet. These posts should be—
</P>
<P>(i) Extended from the entrance to the split through the intersection outby the pillar in which the split or lift is being made; and
</P>
<P>(ii) Spaced on not more than 5-foot centers.
</P>
<P>(e) <I>Unsupported openings at intersections.</I> Openings that create an intersection should be permanently supported or at least one row of temporary supports should be installed on not more than 5-foot centers across the opening before any other work or travel in the intersection.
</P>
<P>(f) <I>ATRS systems in working sections where the mining height is below 30 inches.</I> In working sections where the mining height is below 30 inches, an ATRS system should be used to the extent practicable during the installation of roof bolts with roof bolting machines and continuous-mining machines with integral roof bolters.
</P>
<P>(g) <I>Longwall mining systems.</I> (1) Systematic supplemental support should be installed throughout—
</P>
<P>(i) The tailgate entry of the first longwall panel prior to any mining; and
</P>
<P>(ii) In the proposed tailgate entry of each subsequent panel in advance of the frontal abutment stresses of the panel being mined.
</P>
<P>(2) When a ground failure prevents travel out of the section through the tailgate side of the longwall section, the roof control plan should address—
</P>
<P>(i) Notification of miners that the travelway is blocked;
</P>
<P>(ii) Re-instruction of miners regarding escapeways and escape procedures in the event of an emergency;
</P>
<P>(iii) Re-instruction of miners on the availability and use of self-contained self-rescue devices;
</P>
<P>(iv) Monitoring and evaluation of the air entering the longwall section;
</P>
<P>(v) Location and effectiveness of the two-way communication systems; and
</P>
<P>(vi) A means of transportation from the section to the main line.
</P>
<P>(3) The plan provisions addressed by paragraph (g)(2) of this section should remain in effect until a travelway is reestablished on the tailgate side of a longwall section.


</P>
</DIV8>


<DIV8 N="§ 75.223" NODE="30:1.0.1.12.38.3.216.20" TYPE="SECTION">
<HEAD>§ 75.223   Evaluation and revision of roof control plan.</HEAD>
<P>(a) Revisions of the roof control plan shall be proposed by the operator—
</P>
<P>(1) When conditions indicate that the plan is not suitable for controlling the roof, face, ribs, or coal or rock bursts; or
</P>
<P>(2) When accident and injury experience at the mine indicates the plan is inadequate. The accident and injury experience at each mine shall be reviewed at least every six months.
</P>
<P>(b) Each unplanned roof fall and rib fall and coal or rock burst that occurs in the active workings shall be plotted on a mine map if it—
</P>
<P>(1) Is above the anchorage zone where roof bolts are used;
</P>
<P>(2) Impairs ventilation;
</P>
<P>(3) Impedes passage of persons;
</P>
<P>(4) Causes miners to be withdrawn from the area affected; or
</P>
<P>(5) Disrupts regular mining activities for more than one hour.
</P>
<P>(c) The mine map on which roof falls are plotted shall be available at the mine site for inspection by authorized representatives of the Secretary and representatives of miners at the mine.
</P>
<P>(d) The roof control plan for each mine shall be reviewed every six months by an authorized representative of the Secretary. This review shall take into consideration any falls of the roof, face and ribs and the adequacy of the support systems used at the time.
</P>
<CITA TYPE="N">[53 FR 2375, Jan. 27, 1988; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.12.38.4" TYPE="SUBPART">
<HEAD>Subpart D—Ventilation</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 863.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>61 FR 9829, Mar. 11, 1996, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 75.300" NODE="30:1.0.1.12.38.4.216.1" TYPE="SECTION">
<HEAD>§ 75.300   Scope.</HEAD>
<P>This subpart sets requirements for underground coal mine ventilation. 


</P>
</DIV8>


<DIV8 N="§ 75.301" NODE="30:1.0.1.12.38.4.216.2" TYPE="SECTION">
<HEAD>§ 75.301   Definitions.</HEAD>
<P>In addition to the applicable definitions in § 75.2, the following definitions apply in this subpart. 
</P>
<P><I>Air course.</I> An entry or a set of entries separated from other entries by stoppings, overcasts, other ventilation control devices, or by solid blocks of coal or rock so that any mixing of air currents between each is limited to leakage.
</P>
<P><I>AMS operator.</I> The person(s), designated by the mine operator, who is located on the surface of the mine and monitors the malfunction, alert, and alarm signals of the AMS and notifies appropriate personnel of these signals.
</P>
<P><I>Appropriate personnel.</I> The person or persons designated by the operator to perform specific tasks in response to AMS signals. Appropriate personnel include the responsible person(s) required by § 75.1501 when an emergency evacuation is necessary.
</P>
<P><I>Atmospheric Monitoring System (AMS).</I> A network consisting of hardware and software meeting the requirements of §§ 75.351 and 75.1103-2 and capable of: measuring atmospheric parameters; transmitting the measurements to a designated surface location; providing alert and alarm signals; processing and cataloging atmospheric data; and, providing reports. Early-warning fire detection systems using newer technology that provides equal or greater protection, as determined by the Secretary, will be considered atmospheric monitoring systems for the purposes of this subpart.
</P>
<P><I>Belt air course.</I> The entry in which a belt is located and any adjacent entry(ies) not separated from the belt entry by permanent ventilation controls, including any entries in series with the belt entry, terminating at a return regulator, a section loading point, or the surface.
</P>
<P><I>Carbon monoxide ambient level.</I> The average concentration in parts per million (ppm) of carbon monoxide detected in an air course containing carbon monoxide sensors. This average concentration is representative of the composition of the mine atmosphere over a period of mining activity during non-fire conditions. Separate ambient levels may be established for different areas of the mine.
</P>
<P><I>Incombustible.</I> Incapable of being burned. 
</P>
<P><I>Intake air.</I> Air that has not yet ventilated the last working place on any split of any working section, or any worked-out area, whether pillared or nonpillared. 
</P>
<P><I>Intrinsically safe.</I> Incapable of releasing enough electrical or thermal energy under normal or abnormal conditions to cause ignition of a flammable mixture of methane or natural gas and air of the most easily ignitable composition. 
</P>
<P><I>Noncombustible structure or area.</I> Describes a structure or area that will continue to provide protection against flame spread for at least 1 hour when subjected to a fire test incorporating an ASTM E119-88 time/temperature heat input, or equivalent. The publication ASTM E119-88 “Standard Test Methods for Fire Tests of Building Construction and Materials” is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; <I>http://www.astm.org.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
</P>
<P><I>Noncombustible material.</I> Describes a material that, when used to construct a ventilation control, results in a control that will continue to serve its intended function for 1 hour when subjected to a fire test incorporating an ASTM E119-88 time/temperature heat input, or equivalent. The publication ASTM E119-88 “Standard Test Methods for Fire Tests of Building Construction and Materials” is incorporated by reference and may be inspected at any Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; <I>http://www.astm.org.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
</P>
<P><I>Point feeding.</I> The process of providing additional intake air to the belt air course from another intake air course through a regulator.
</P>
<P><I>Return air.</I> Air that has ventilated the last working place on any split of any working section or any worked-out area whether pillared or nonpillared. If air mixes with air that has ventilated the last working place on any split of any working section or any worked-out area, whether pillared or nonpillared, it is considered return air. For the purposes of § 75.507-1, air that has been used to ventilate any working place in a coal producing section or pillared area, or air that has been used to ventilate any working face if such air is directed away from the immediate return is return air. Notwithstanding the definition of intake air, for the purpose of ventilation of structures, areas or installations that are required by this subpart D to be ventilated to return air courses, and for ventilation of seals, other air courses may be designated as return air courses by the operator only when the air in these air courses will not be used to ventilate working places or other locations, structures, installations or areas required to be ventilated with intake air. 
</P>
<P><I>Worked-out area.</I> An area where mining has been completed, whether pillared or nonpillared, excluding developing entries, return air courses, and intake air courses. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996; 61 FR 29288, June 10, 1996, as amended at 67 FR 38386, June 4, 2002; 69 FR 17526, Apr. 2, 2004; 71 FR 16668, Apr. 3, 2006; 80 FR 52990, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 75.302" NODE="30:1.0.1.12.38.4.216.3" TYPE="SECTION">
<HEAD>§ 75.302   Main mine fans.</HEAD>
<P>Each coal mine shall be ventilated by one or more main mine fans. Booster fans shall not be installed underground to assist main mine fans except in anthracite mines. In anthracite mines, booster fans installed in the main air current or a split of the main air current may be used provided their use is approved in the ventilation plan. 


</P>
</DIV8>


<DIV8 N="§ 75.310" NODE="30:1.0.1.12.38.4.216.4" TYPE="SECTION">
<HEAD>§ 75.310   Installation of main mine fans.</HEAD>
<P>(a) Each main mine fan shall be—
</P>
<P>(1) Installed on the surface in an incombustible housing; 
</P>
<P>(2) Connected to the mine opening with incombustible air ducts; 
</P>
<P>(3) Equipped with an automatic device that gives a signal at the mine when the fan either slows or stops. A responsible person designated by the operator shall always be at a surface location at the mine where the signal can be seen or heard while anyone is underground. This person shall be provided with two-way communication with the working sections and work stations where persons are routinely assigned to work for the majority of a shift; 
</P>
<P>(4) Equipped with a pressure recording device or system. Mines permitted to shut down main mine fans under § 75.311 and which do not have a pressure recording device installed on main mine fans shall have until June 10, 1997 to install a pressure recording device or system on all main mine fans. If a device or system other than a circular pressure recorder is used to monitor main mine fan pressure, the monitoring device or system shall provide a continuous graph or continuous chart of the pressure as a function of time. At not more than 7-day intervals, a hard copy of the continuous graph or chart shall be generated or the record of the fan pressure shall be stored electronically. When records of fan pressure are stored electronically, the system used to store these records shall be secure and not susceptible to alteration and shall be capable of storing the required data. Records of the fan pressure shall be retained at a surface location at the mine for at least 1 year and be made available for inspection by authorized representatives of the Secretary and the representative of miners; 
</P>
<P>(5) Protected by one or more weak walls or explosion doors, or a combination of weak walls and explosion doors, located in direct line with possible explosive forces; 
</P>
<P>(6) Except as provided under paragraph (e) of this section, offset by at least 15 feet from the nearest side of the mine opening unless an alternative method of protecting the fan and its associated components is approved in the ventilation plan. 
</P>
<P>(b)(1) If an electric motor is used to drive a main mine fan, the motor shall operate from a power circuit independent of all mine power circuits. 
</P>
<P>(2) If an internal combustion engine is used to drive a main mine fan—
</P>
<P>(i) The fuel supply shall be protected against fires and explosions; 
</P>
<P>(ii) The engine shall be installed in an incombustible housing and be equipped with a remote shut-down device; 
</P>
<P>(iii) The engine and the engine exhaust system shall be located out of direct line of the air current exhausting from the mine; and 
</P>
<P>(iv) The engine exhaust shall be vented to the atmosphere so that the exhaust gases do not contaminate the mine intake air current or any enclosure. 
</P>
<P>(c) If a main mine fan monitoring system is used under § 75.312, the system shall—
</P>
<P>(1) Record, as described in paragraph (a)(4) the mine ventilating pressure; 
</P>
<P>(2) Monitor bearing temperature, revolutions per minute, vibration, electric voltage, and amperage; 
</P>
<P>(3) Provide a printout of the monitored parameters, including the mine ventilating pressure within a reasonable period, not to exceed the end of the next scheduled shift during which miners are underground; and 
</P>
<P>(4) Be equipped with an automatic device that signals when—
</P>
<P>(i) An electrical or mechanical deficiency exists in the monitoring system; or 
</P>
<P>(ii) A sudden increase or loss in mine ventilating pressure occurs. 
</P>
<P>(5) Provide monitoring, records, printouts, and signals required by paragraphs (c)(1) through (c)(4) at a surface location at the mine where a responsible person designated by the operator is always on duty and where signals from the monitoring system can be seen or heard while anyone is underground. This person shall be provided with two-way communication with the working sections and work stations where persons are routinely assigned to work for the majority of a shift. 
</P>
<P>(d) Weak walls and explosion doors shall have cross-sectional areas at least equal to that of the entry through which the pressure from an explosion underground would be relieved. A weak wall and explosion door combination shall have a total cross-sectional area at least equal to that of the entry through which the pressure from an explosion underground would be relieved. 
</P>
<P>(e) If a mine fan is installed in line with an entry, a slope, or a shaft—
</P>
<P>(1) The cross-sectional area of the pressure relief entry shall be at least equal to that of the fan entry; 
</P>
<P>(2) The fan entry shall be developed out of direct line with possible explosive forces; 
</P>
<P>(3) The coal or other solid material between the pressure relief entry and the fan entry shall be at least 2,500 square feet; and 
</P>
<P>(4) The surface opening of the pressure relief entry shall be not less than 15 feet nor more than 100 feet from the surface opening of the fan entry and from the underground intersection of the fan entry and pressure relief entry. 
</P>
<P>(f) In mines ventilated by multiple main mine fans, incombustible doors shall be installed so that if any main mine fan stops and air reversals through the fan are possible, the doors on the affected fan automatically close. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 20877, May 8, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 75.311" NODE="30:1.0.1.12.38.4.216.5" TYPE="SECTION">
<HEAD>§ 75.311   Main mine fan operation.</HEAD>
<P>(a) Main mine fans shall be continuously operated, except as otherwise approved in the ventilation plan, or when intentionally stopped for testing of automatic closing doors and automatic fan signal devices, maintenance or adjustment of the fan, or to perform maintenance or repair work underground that cannot otherwise be made while the fan is operating. 
</P>
<P>(b) Except as provided in paragraph (c) of this section, when a main mine fan is intentionally stopped and the ventilating quantity provided by the fan is not maintained by a back-up fan system—
</P>
<P>(1) Only persons necessary to evaluate the effect of the fan stoppage or restart, or to perform maintenance or repair work that cannot otherwise be made while the fan is operating, shall be permitted underground; 
</P>
<P>(2) Mechanized equipment shall be shut off before stopping the fan; and 
</P>
<P>(3) Electric power circuits entering underground areas of the mine shall be deenergized. 
</P>
<P>(c) When a back-up fan system is used that does not provide the ventilating quantity provided by the main mine fan, persons may be permitted in the mine and electric power circuits may be energized as specified in the approved ventilation plan. 
</P>
<P>(d) If an unusual variance in the mine ventilation pressure is observed, or if an electrical or mechanical deficiency of a main mine fan is detected, the mine foreman or equivalent mine official, or in the absence of the mine foreman or equivalent mine official, a designated certified person acting for the mine foreman or equivalent mine official shall be notified immediately, and appropriate action or repairs shall be instituted promptly. 
</P>
<P>(e) While persons are underground, a responsible person designated by the operator shall always be at a surface location where each main mine fan signal can be seen or heard. 
</P>
<P>(f) The area within 100 feet of main mine fans and intake air openings shall be kept free of combustible material, unless alternative precautions necessary to provide protection from fire or other products of combustion are approved in the ventilation plan. 
</P>
<P>(g) If multiple mine fans are used, the mine ventilation system shall be designed and maintained to eliminate areas without air movement. 
</P>
<P>(h) Any atmospheric monitoring system operated during fan stoppages shall be intrinsically safe. 


</P>
</DIV8>


<DIV8 N="§ 75.312" NODE="30:1.0.1.12.38.4.216.6" TYPE="SECTION">
<HEAD>§ 75.312   Main mine fan examinations and records.</HEAD>
<P>(a) To assure electrical and mechanical reliability of main mine fans, each main mine fan and its associated components, including devices for measuring or recording mine ventilation pressure, shall be examined for proper operation by a trained person designated by the operator. Examinations of main mine fans shall be made at least once each day that the fan operates, unless a fan monitoring system is used. No examination is required on any day when no one, including certified persons, goes underground, except that an examination shall be completed prior to anyone entering the mine. 
</P>
<P>(b)(1) If a main mine fan monitoring system is used, a trained person designated by the operator shall—
</P>
<P>(i) At least once each day review the data provided by the fan monitoring system to assure that the fan and the fan monitoring system are operating properly. No review is required on any day when no one, including certified persons, goes underground, except that a review of the data shall be performed prior to anyone entering the underground portion of the mine. Data reviewed should include the fan pressure, bearing temperature, revolutions per minute, vibration, electric voltage, and amperage; and 
</P>
<P>(ii) At least every 7 days—
</P>
<P>(A) Test the monitoring system for proper operation; and 
</P>
<P>(B) Examine each main mine fan and its associated components to assure electrical and mechanical reliability of main mine fans. 
</P>
<P>(2) If the monitoring system malfunctions, the malfunction shall be corrected, or paragraph (a) of this section shall apply. 
</P>
<P>(c) At least every 31 days, the automatic fan signal device for each main mine fan shall be tested by stopping the fan. Only persons necessary to evaluate the effect of the fan stoppage or restart, or to perform maintenance or repair work that cannot otherwise be made while the fan is operating, shall be permitted underground. Notwithstanding the requirement of § 75.311(b)(3), underground power may remain energized during this test provided no one, including persons identified in § 75.311(b)(1), is underground. If the fan is not restarted within 15 minutes, underground power shall be deenergized and no one shall enter any underground area of the mine until the fan is restarted and an examination of the mine is conducted as described in § 75.360 (b) through (e) and the mine has been determined to be safe. 
</P>
<P>(d) At least every 31 days, the automatic closing doors in multiple main mine fan systems shall be tested by stopping the fan. Only persons necessary to evaluate the effect of the fan stoppage or restart, or to perform maintenance or repair work that cannot otherwise be made while the fan is operating, shall be permitted underground. Notwithstanding the provisions of § 75.311, underground power may remain energized during this test provided no one, including persons identified in § 75.311(b)(1), is underground. If the fan is not restarted within 15 minutes, underground power shall be deenergized and no one shall enter any underground area of the mine, until the fan is restarted and an examination of the mine is conducted as described in § 75.360 (b) through (e) and the mine has been determined to be safe. 
</P>
<P>(e) Circular main mine fan pressure recording charts shall be changed before the beginning of a second revolution. 
</P>
<P>(f)(1) <I>Certification.</I> Persons making main mine fan examinations shall certify by initials and date at the fan or another location specified by the operator that the examinations were made. Each certification shall identify the main mine fan examined. 
</P>
<P>(2) Persons reviewing data produced by a main mine fan monitoring system shall certify by initials and date on a printed copy of the data from the system that the review was completed. In lieu of certification on a copy of the data, the person reviewing the data may certify electronically that the review was completed. Electronic certification shall be by handwritten initials and date in a computer system so as to be secure and not susceptible to alteration. 
</P>
<P>(g)(1) <I>Recordkeeping.</I> By the end of the shift on which the examination is made, persons making main mine fan examinations shall record all uncorrected defects that may affect the operation of the fan that are not corrected by the end of that shift. Records shall be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. 
</P>
<P>(2) When a fan monitoring system is used in lieu of the daily fan examination—
</P>
<P>(i) The certified copies of data produced by fan monitoring systems shall be maintained separate from other computer-generated reports or data; and 
</P>
<P>(ii) A record shall be made of any fan monitoring system malfunctions, electrical or mechanical deficiencies in the monitoring system and any sudden increase or loss in mine ventilating pressure. The record shall be made by the end of the shift on which the review of the data is completed and shall be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. 
</P>
<P>(3) By the end of the shift on which the monthly test of the automatic fan signal device or the automatic closing doors is completed, persons making these tests shall record the results of the tests. Records shall be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. 
</P>
<P>(h) <I>Retention period.</I> Records, including records of mine fan pressure and the certified copies of data produced by fan monitoring systems, shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners. 


</P>
</DIV8>


<DIV8 N="§ 75.313" NODE="30:1.0.1.12.38.4.216.7" TYPE="SECTION">
<HEAD>§ 75.313   Main mine fan stoppage with persons underground.</HEAD>
<P>(a) If a main mine fan stops while anyone is underground and the ventilating quantity provided by the fan is not maintained by a back-up fan system—
</P>
<P>(1) Electrically powered equipment in each working section shall be deenergized; 
</P>
<P>(2) Other mechanized equipment in each working section shall be shut off; and 
</P>
<P>(3) Everyone shall be withdrawn from the working sections and areas where mechanized mining equipment is being installed or removed. 
</P>
<P>(b) If ventilation is restored within 15 minutes after a main mine fan stops, certified persons shall examine for methane in the working places and in other areas where methane is likely to accumulate before work is resumed and before equipment is energized or restarted in these areas. 
</P>
<P>(c) If ventilation is not restored within 15 minutes after a main mine fan stops—
</P>
<P>(1) Everyone shall be withdrawn from the mine; 
</P>
<P>(2) Underground electric power circuits shall be deenergized. However, circuits necessary to withdraw persons from the mine need not be deenergized if located in areas or haulageways where methane is not likely to migrate to or accumulate. These circuits shall be deenergized as persons are withdrawn; and 
</P>
<P>(3) Mechanized equipment not located on working sections shall be shut off. However, mechanized equipment necessary to withdraw persons from the mine need not be shut off if located in areas where methane is not likely to migrate to or accumulate. 
</P>
<P>(d)(1) When ventilation is restored— 
</P>
<P>(i) No one other than designated certified examiners shall enter any underground area of the mine until an examination is conducted as described in § 75.360(b) through (e) and the area has been determined to be safe. Designated certified examiners shall enter the underground area of the mine from which miners have been withdrawn only after the fan has operated for at least 15 minutes unless a longer period of time is specified in the approved ventilation plan. 
</P>
<P>(ii) Underground power circuits shall not be energized and nonpermissible mechanized equipment shall not be started or operated in an area until an examination is conducted as described in § 75.360(b) through (e) and the area has been determined to be safe, except that designated certified examiners may use nonpermissible transportation equipment in intake airways to facilitate the making of the required examination. 
</P>
<P>(2) If ventilation is restored to the mine before miners reach the surface, the miners may return to underground working areas only after an examination of the areas is made by a certified person and the areas are determined to be safe. 
</P>
<P>(e) Any atmospheric monitoring system operated during fan stoppages shall be intrinsically safe. 
</P>
<P>(f) Any electrical refuge alternative components exposed to the mine atmosphere shall be approved as intrinsically safe for use during fan stoppages. Any electrical refuge alternative components located inside the refuge alternative shall be either approved as intrinsically safe or approved as permissible for use during fan stoppages.
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 73 FR 80697, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.320" NODE="30:1.0.1.12.38.4.216.8" TYPE="SECTION">
<HEAD>§ 75.320   Air quality detectors and measurement devices.</HEAD>
<P>(a) Tests for methane shall be made by a qualified person with MSHA approved detectors that are maintained in permissible and proper operating condition and calibrated with a known methane-air mixture at least once every 31 days. 
</P>
<P>(b) Tests for oxygen deficiency shall be made by a qualified person with MSHA approved oxygen detectors that are maintained in permissible and proper operating condition and that can detect 19.5 percent oxygen with an accuracy of ±0.5 percent. The oxygen detectors shall be calibrated at the start of each shift that the detectors will be used. 
</P>
<P>(c) Handheld devices that contain electrical components and that are used for measuring air velocity, carbon monoxide, oxides of nitrogen, and other gases shall be approved and maintained in permissible and proper operating condition. 
</P>
<P>(d) An oxygen detector approved by MSHA shall be used to make tests for oxygen deficiency required by the regulations in this part. Permissible flame safety lamps may only be used as a supplementary testing device. 
</P>
<P>(e) Maintenance of instruments required by paragraphs (a) through (d) of this section shall be done by persons trained in such maintenance. 


</P>
</DIV8>


<DIV8 N="§ 75.321" NODE="30:1.0.1.12.38.4.216.9" TYPE="SECTION">
<HEAD>§ 75.321   Air quality.</HEAD>
<P>(a)(1) The air in areas where persons work or travel, except as specified in paragraph (a)(2) of this section, shall contain at least 19.5 percent oxygen and not more than 0.5 percent carbon dioxide, and the volume and velocity of the air current in these areas shall be sufficient to dilute, render harmless, and carry away flammable, explosive, noxious, and harmful gases, dusts, smoke, and fumes. 
</P>
<P>(2) The air in areas of bleeder entries and worked-out areas where persons work or travel shall contain at least 19.5 percent oxygen, and carbon dioxide levels shall not exceed 0.5 percent time weighted average and 3.0 percent short term exposure limit. 
</P>
<P>(b) Notwithstanding the provisions of § 75.322, for the purpose of preventing explosions from gases other than methane, the following gases shall not be permitted to accumulate in excess of the concentrations listed below: 
</P>
<P>(1) Carbon monoxide (CO)—2.5 percent 
</P>
<P>(2) Hydrogen (H<E T="52">2</E>)—.80 percent 
</P>
<P>(3) Hydrogen sulfide (H<E T="52">2</E> S)—.80 percent 
</P>
<P>(4) Acetylene (C<E T="52">2</E> H<E T="52">2</E>)—.40 percent 
</P>
<P>(5) Propane (C<E T="52">3</E> H<E T="52">8</E>)—.40 percent 
</P>
<P>(6) MAPP (methyl-acetylene-propylene-propodiene)—.30 percent 


</P>
</DIV8>


<DIV8 N="§ 75.322" NODE="30:1.0.1.12.38.4.216.10" TYPE="SECTION">
<HEAD>§ 75.322   Harmful quantities of noxious gases.</HEAD>
<P>Concentrations of noxious or poisonous gases, other than carbon dioxide, shall not exceed the threshold limit values (TLV) as specified and applied by the American Conference of Governmental Industrial Hygienists in “Threshold Limit Values for Substance in Workroom Air” (1972). Detectors or laboratory analysis of mine air samples shall be used to determine the concentrations of harmful, noxious, or poisonous gases. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at every MSHA Coal Mine Safety and Health District Office. The material is available for examination at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[80 FR 52991, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 75.323" NODE="30:1.0.1.12.38.4.216.11" TYPE="SECTION">
<HEAD>§ 75.323   Actions for excessive methane.</HEAD>
<P>(a) <I>Location of tests.</I> Tests for methane concentrations under this section shall be made at least 12 inches from the roof, face, ribs, and floor. 
</P>
<P>(b) <I>Working places and intake air courses.</I> (1) When 1.0 percent or more methane is present in a working place or an intake air course, including an air course in which a belt conveyor is located, or in an area where mechanized mining equipment is being installed or removed—
</P>
<P>(i) Except intrinsically safe atmospheric monitoring systems (AMS), electrically powered equipment in the affected area shall be deenergized, and other mechanized equipment shall be shut off; 
</P>
<P>(ii) Changes or adjustments shall be made at once to the ventilation system to reduce the concentration of methane to less than 1.0 percent; and 
</P>
<P>(iii) No other work shall be permitted in the affected area until the methane concentration is less than 1.0 percent. 
</P>
<P>(2) When 1.5 percent or more methane is present in a working place or an intake air course, including an air course in which a belt conveyor is located, or in an area where mechanized mining equipment is being installed or removed—
</P>
<P>(i) Everyone except those persons referred to in § 104(c) of the Act shall be withdrawn from the affected area; and 
</P>
<P>(ii) Except for intrinsically safe AMS, electrically powered equipment in the affected area shall be disconnected at the power source. 
</P>
<P>(c) <I>Return air split.</I> (1) When 1.0 percent or more methane is present in a return air split between the last working place on a working section and where that split of air meets another split of air, or the location at which the split is used to ventilate seals or worked-out areas changes or adjustments shall be made at once to the ventilation system to reduce the concentration of methane in the return air to less than 1.0 percent. 
</P>
<P>(2) When 1.5 percent or more methane is present in a return air split between the last working place on a working section and where that split of air meets another split of air, or the location where the split is used to ventilate seals or worked-out areas—
</P>
<P>(i) Everyone except those persons referred to in § 104(c) of the Act shall be withdrawn from the affected area; 
</P>
<P>(ii) Other than intrinsically safe AMS, equipment in the affected area shall be deenergized, electric power shall be disconnected at the power source, and other mechanized equipment shall be shut off; and 
</P>
<P>(iii) No other work shall be permitted in the affected area until the methane concentration in the return air is less than 1.0 percent. 
</P>
<P>(d) <I>Return air split alternative.</I> (1) The provisions of this paragraph apply if—
</P>
<P>(i) The quantity of air in the split ventilating the active workings is at least 27,000 cubic feet per minute in the last open crosscut or the quantity specified in the approved ventilation plan, whichever is greater; 
</P>
<P>(ii) The methane content of the air in the split is continuously monitored during mining operations by an AMS that gives a visual and audible signal on the working section when the methane in the return air reaches 1.5 percent, and the methane content is monitored as specified in § 75.351; and 
</P>
<P>(iii) Rock dust is continuously applied with a mechanical duster to the return air course during coal production at a location in the air course immediately outby the most inby monitoring point. 
</P>
<P>(2) When 1.5 percent or more methane is present in a return air split between a point in the return opposite the section loading point and where that split of air meets another split of air or where the split of air is used to ventilate seals or worked-out areas— 
</P>
<P>(i) Changes or adjustments shall be made at once to the ventilation system to reduce the concentration of methane in the return air below 1.5 percent; 
</P>
<P>(ii) Everyone except those persons referred to in § 104(c) of the Act shall be withdrawn from the affected area; 
</P>
<P>(iii) Except for intrinsically safe AMS, equipment in the affected area shall be deenergized, electric power shall be disconnected at the power source, and other mechanized equipment shall be shut off; and 
</P>
<P>(iv) No other work shall be permitted in the affected area until the methane concentration in the return air is less than 1.5 percent. 
</P>
<P>(e) <I>Bleeders and other return air courses.</I> The concentration of methane in a bleeder split of air immediately before the air in the split joins another split of air, or in a return air course other than as described in paragraphs (c) and (d) of this section, shall not exceed 2.0 percent. 


</P>
</DIV8>


<DIV8 N="§ 75.324" NODE="30:1.0.1.12.38.4.216.12" TYPE="SECTION">
<HEAD>§ 75.324   Intentional changes in the ventilation system.</HEAD>
<P>(a) A person designated by the operator shall supervise any intentional change in ventilation that—
</P>
<P>(1) Alters the main air current or any split of the main air current in a manner that could materially affect the safety or health of persons in the mine; or 
</P>
<P>(2) Affects section ventilation by 9,000 cubic feet per minute of air or more in bituminous or lignite mines, or 5,000 cubic feet per minute of air or more in anthracite mines. 
</P>
<P>(b) Intentional changes shall be made only under the following conditions: 
</P>
<P>(1) Electric power shall be removed from areas affected by the ventilation change and mechanized equipment in those areas shall be shut off before the ventilation change begins. 
</P>
<P>(2) Only persons making the change in ventilation shall be in the mine. 
</P>
<P>(3) Electric power shall not be restored to the areas affected by the ventilation change and mechanized equipment shall not be restarted until a certified person has examined these areas for methane accumulation and for oxygen deficiency and has determined that the areas are safe. 


</P>
</DIV8>


<DIV8 N="§ 75.325" NODE="30:1.0.1.12.38.4.216.13" TYPE="SECTION">
<HEAD>§ 75.325   Air quantity.</HEAD>
<P>(a)(1) In bituminous and lignite mines the quantity of air shall be at least 3,000 cubic feet per minute reaching each working face where coal is being cut, mined, drilled for blasting, or loaded. When a greater quantity is necessary to dilute, render harmless, and carry away flammable, explosive, noxious, and harmful gases, dusts, smoke, and fumes, this quantity shall be specified in the approved ventilation plan. A minimum air quantity may be required to be specified in the approved ventilation plan for other working places or working faces. 
</P>
<P>(2) The quantity of air reaching the working face shall be determined at or near the face end of the line curtain, ventilation tubing, or other ventilation control device. If the curtain, tubing, or device extends beyond the last row of permanent roof supports, the quantity of air reaching the working face shall be determined behind the line curtain or in the ventilation tubing at or near the last row of permanent supports. When machine-mounted dust collectors are used in conjunction with blowing face ventilation systems, the quantity of air reaching the working face shall be determined with the dust collector turned off.
</P>
<P>(3) If machine mounted dust collectors or diffuser fans are used, the approved ventilation plan shall specify the operating volume of the dust collector or diffuser fan. 
</P>
<P>(b) In bituminous and lignite mines, the quantity of air reaching the last open crosscut of each set of entries or rooms on each working section and the quantity of air reaching the intake end of a pillar line shall be at least 9,000 cubic feet per minute unless a greater quantity is required to be specified in the approved ventilation plan. This minimum also applies to sections which are not operating but are capable of producing coal by simply energizing the equipment on the section. 
</P>
<P>(c) In longwall and shortwall mining systems—
</P>
<P>(1) The quantity of air shall be at least 30,000 cubic feet per minute reaching the working face of each longwall, unless the operator demonstrates that a lesser air quantity will maintain continual compliance with applicable methane and respirable dust standards. This lesser quantity shall be specified in the approved ventilation plan. A quantity greater than 30,000 cubic feet per minute may be required to be specified in the approved ventilation plan. 
</P>
<P>(2) The velocity of air that will be provided to control methane and respirable dust in accordance with applicable standards on each longwall or shortwall and the locations where these velocities will be provided shall be specified in the approved ventilation plan. The locations specified shall be at least 50 feet but no more than 100 feet from the headgate and tailgate, respectively. 
</P>
<P>(d) Ventilation shall be maintained during installation and removal of mechanized mining equipment. The approved ventilation plan shall specify the minimum quantity of air, the locations where this quantity will be provided and the ventilation controls required. 
</P>
<P>(e) In anthracite mines, the quantity of air shall be as follows: 
</P>
<P>(1) At least 1,500 cubic feet per minute reaching each working face where coal is being mined, unless a greater quantity is required to be specified in the approved ventilation plan. 
</P>
<P>(2) At least 5,000 cubic feet per minute passing through the last open crosscut in each set of entries or rooms and at the intake end of any pillar line, unless a greater quantity is required to be specified in the approved ventilation plan. 
</P>
<P>(3) When robbing areas where air currents cannot be controlled and air measurements cannot be obtained, the air shall have perceptible movement. 
</P>
<P>(f) The minimum ventilating air quantity for an individual unit of diesel-powered equipment being operated shall be at least that specified on the approval plate for that equipment. Such air quantity shall be maintained—
</P>
<P>(1) In any working place where the equipment is being operated; 
</P>
<P>(2) At the section loading point during any shift the equipment is being operated on the working section; 
</P>
<P>(3) In any entry where the equipment is being operated outby the section loading point in areas of the mine developed on or after April 25, 1997; 
</P>
<P>(4) In any air course with single or multiple entries where the equipment is being operated outby the section loading point in areas of the mine developed prior to April 25, 1997; and 
</P>
<P>(5) At any other location required by the district manager and specified in the approved ventilation plan. 
</P>
<P>(g) The minimum ventilating air quantity where multiple units of diesel-powered equipment are operated on working sections and in areas where mechanized mining equipment is being installed or removed must be at least the sum of that specified on the approval plates of all the diesel-powered equipment on the working section or in the area where mechanized mining equipment is being installed or removed. The minimum ventilating air quantity shall be specified in the approved ventilation plan. For working sections such air quantity must be maintained—
</P>
<P>(1) In the last open crosscut of each set of entries or rooms in each working section; 
</P>
<P>(2) In the intake, reaching the working face of each longwall; and 
</P>
<P>(3) At the intake end of any pillar line. 
</P>
<P>(h) The following equipment may be excluded from the calculations of ventilating air quantity under paragraph (g) if such equipment exclusion is approved by the district manager and specified in the ventilation plan: 
</P>
<P>(1) Self-propelled equipment meeting the requirements of § 75.1908(b); 
</P>
<P>(2) Equipment that discharges its exhaust into intake air that is coursed directly to a return air course; 
</P>
<P>(3) Equipment that discharges its exhaust directly into a return air course; and 
</P>
<P>(4) Other equipment having duty cycles such that the emissions would not significantly affect the exposure of miners. 
</P>
<P>(i) A ventilating air quantity that is less than what is required by paragraph (g) of this section may be approved by the district manager in the ventilation plan based upon the results of sampling that demonstrate that the lesser air quantity will maintain continuous compliance with applicable TLV ®'s. 
</P>
<P>(j) If during sampling required by § 70.1900(c) of this subchapter the ventilating air is found to contain concentrations of CO or NO<E T="52">2</E> in excess of the action level specified by § 70.1900(c), higher action levels may be approved by the district manager based on the results of sampling that demonstrate that a higher action level will maintain continuous compliance with applicable TLV ®'s. Action levels other than those specified in § 70.1900(c) shall be specified in the approved ventilation plan. 
</P>
<P>(k) As of November 25, 1997 the ventilating air quantity required where diesel-powered equipment is operated shall meet the requirements of paragraphs (f) through (j) of this section. Mine operators utilizing diesel-powered equipment in underground coal mines shall submit to the appropriate MSHA district manager a revised ventilation plan or appropriate amendments to the existing plan, in accordance with § 75.371, which implement the requirements of paragraphs (f) through (j) of this section. 
</P>
<CITA TYPE="N">[61 FR 9828, Mar. 11, 1996; 61 FR 26442, May 28, 1996; 61 FR 29288, June 10, 1996, as amended at 61 FR 55526, Oct. 25, 1996; 62 FR 34641, June 27, 1997; 79 FR 24987, May 1, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 75.326" NODE="30:1.0.1.12.38.4.216.14" TYPE="SECTION">
<HEAD>§ 75.326   Mean entry air velocity.</HEAD>
<P>In exhausting face ventilation systems, the mean entry air velocity shall be at least 60 feet per minute reaching each working face where coal is being cut, mined, drilled for blasting, or loaded, and to any other working places as required in the approved ventilation plan. A lower mean entry air velocity may be approved in the ventilation plan if the lower velocity will maintain methane and respirable dust concentrations in accordance with the applicable levels. Mean entry air velocity shall be determined at or near the inby end of the line curtain, ventilation tubing, or other face ventilation control devices. 
</P>
<CITA TYPE="N">[61 FR 9828, Mar. 11, 1996; 61 FR 29288, June 10, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 75.327" NODE="30:1.0.1.12.38.4.216.15" TYPE="SECTION">
<HEAD>§ 75.327   Air courses and trolley haulage systems.</HEAD>
<P>(a) In any mine opened on or after March 30, 1970, or in any new working section of a mine opened before that date, where trolley haulage systems are maintained and where trolley wires or trolley feeder wires are installed, an authorized representative of the Secretary shall require enough entries or rooms as intake air courses to limit the velocity of air currents in the haulageways to minimize the hazards of fires and dust explosions in the haulageways. 
</P>
<P>(b) Unless the district manager approves a higher velocity, the velocity of the air current in the trolley haulage entries shall be limited to not more than 250 feet per minute. A higher air velocity may be required to limit the methane content in these haulage entries or elsewhere in the mine to less than 1.0 percent and provide an adequate supply of oxygen. 


</P>
</DIV8>


<DIV8 N="§ 75.330" NODE="30:1.0.1.12.38.4.216.16" TYPE="SECTION">
<HEAD>§ 75.330   Face ventilation control devices.</HEAD>
<P>(a) Brattice cloth, ventilation tubing and other face ventilation control devices shall be made of flame-resistant material approved by MSHA. 
</P>
<P>(b)(1) Ventilation control devices shall be used to provide ventilation to dilute, render harmless, and to carry away flammable, explosive, noxious, and harmful gases, dusts, smoke, and fumes—
</P>
<P>(i) To each working face from which coal is being cut, mined, drilled for blasting, or loaded; and 
</P>
<P>(ii) To any other working places as required by the approved ventilation plan. 
</P>
<P>(2) These devices shall be installed at a distance no greater than 10 feet from the area of deepest penetration to which any portion of the face has been advanced unless an alternative distance is specified and approved in the ventilation plan. Alternative distances specified shall be capable of maintaining concentrations of respirable dust, methane, and other harmful gases, in accordance with the levels specified in the applicable sections of this chapter. 
</P>
<P>(c) When the line brattice or any other face ventilation control device is damaged to an extent that ventilation of the working face is inadequate, production activities in the working place shall cease until necessary repairs are made and adequate ventilation is restored. 
</P>
<CITA TYPE="N">[61 FR 9828, Mar. 11, 1996; 61 FR 29288, June 10, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 75.331" NODE="30:1.0.1.12.38.4.216.17" TYPE="SECTION">
<HEAD>§ 75.331   Auxiliary fans and tubing.</HEAD>
<P>(a) When auxiliary fans and tubing are used for face ventilation, each auxiliary fan shall be—
</P>
<P>(1) Permissible, if the fan is electrically operated; 
</P>
<P>(2) Maintained in proper operating condition; 
</P>
<P>(3) Deenergized or shut off when no one is present on the working section; and 
</P>
<P>(4) Located and operated to avoid recirculation of air. 
</P>
<P>(b) If a deficiency exists in any auxiliary fan system, the deficiency shall be corrected or the auxiliary fan shall be deenergized immediately. 
</P>
<P>(c) If the air passing through an auxiliary fan or tubing contains 1.0 percent or more methane, power to electrical equipment in the working place and to the auxiliary fan shall be deenergized, and other mechanized equipment in the working place shall be shut off until the methane concentration is reduced to less than 1.0 percent. 
</P>
<P>(d) When an auxiliary fan is stopped—
</P>
<P>(1) Line brattice or other face ventilation control devices shall be used to maintain ventilation to affected faces; and 
</P>
<P>(2) Electrical equipment in the affected working places shall be disconnected at the power source, and other mechanized equipment shall be shut off until ventilation to the working place is restored. 


</P>
</DIV8>


<DIV8 N="§ 75.332" NODE="30:1.0.1.12.38.4.216.18" TYPE="SECTION">
<HEAD>§ 75.332   Working sections and working places.</HEAD>
<P>(a)(1) Each working section and each area where mechanized mining equipment is being installed or removed, shall be ventilated by a separate split of intake air directed by overcasts, undercasts or other permanent ventilation controls. 
</P>
<P>(2) When two or more sets of mining equipment are simultaneously engaged in cutting, mining, or loading coal or rock from working places within the same working section, each set of mining equipment shall be on a separate split of intake air. 
</P>
<P>(3) For purposes of this section, a set of mining equipment includes a single loading machine, a single continuous mining machine, or a single longwall or shortwall mining machine. 
</P>
<P>(b)(1) Air that has passed through any area that is not examined under §§ 75.360, 75.361 or 75.364 of this subpart, or through an area where second mining has been done shall not be used to ventilate any working place. Second mining is intentional retreat mining where pillars have been wholly or partially removed, regardless of the amount of recovery obtained. 
</P>
<P>(2) Air that has passed by any opening of any unsealed area that is not examined under §§ 75.360, 75.361 or 75.364 of this subpart, shall not be used to ventilate any working place. 


</P>
</DIV8>


<DIV8 N="§ 75.333" NODE="30:1.0.1.12.38.4.216.19" TYPE="SECTION">
<HEAD>§ 75.333   Ventilation controls.</HEAD>
<P>(a) For purposes of this section, “doors” include any door frames. 
</P>
<P>(b) Permanent stoppings or other permanent ventilation control devices constructed after November 15, 1992, shall be built and maintained—
</P>
<P>(1) Between intake and return air courses, except temporary controls may be used in rooms that are 600 feet or less from the centerline of the entry from which the room was developed including where continuous face haulage systems are used in such rooms. Unless otherwise approved in the ventilation plan, these stoppings or controls shall be maintained to and including the third connecting crosscut outby the working face; 
</P>
<P>(2) To separate belt conveyor haulageways from return air courses, except where belt entries in areas of mines developed before March 30, 1970, are used as return air courses; 
</P>
<P>(3) To separate belt conveyor haulageways from intake air courses when the air in the intake air courses is used to provide air to active working places. Temporary ventilation controls may be used in rooms that are 600 feet or less from the centerline of the entry from which the rooms were developed including where continuous face haulage systems are used in such rooms. When continuous face haulage systems are used, permanent stoppings or other permanent ventilation control devices shall be built and maintained to the outby most point of travel of the dolly or 600 feet from the point of deepest penetration in the conveyor belt entry, whichever distance is closer to the point of deepest penetration, to separate the continuous haulage entry from the intake entries; 
</P>
<P>(4) To separate the primary escapeway from belt and trolley haulage entries, as required by § 75.380(g). For the purposes of § 75.380(g), the loading point for a continuous haulage system shall be the outby most point of travel of the dolly or 600 feet from the point of deepest penetration, whichever distance is less; and 
</P>
<P>(5) In return air courses to direct air into adjacent worked-out areas. 
</P>
<P>(c) Personnel doors shall be constructed of noncombustible material and shall be of sufficient strength to serve their intended purpose of maintaining separation and permitting travel between air courses, and shall be installed as follows in permanent stoppings constructed after November 15, 1992: 
</P>
<P>(1) The distance between personnel doors shall be no more than 300 feet in seam heights below 48 inches and 600 feet in seam heights 48 inches or higher. 
</P>
<P>(2) The location of all personnel doors in stoppings along escapeways shall be clearly marked so that the doors may be easily identified by anyone traveling in the escapeway and in the entries on either side of the doors. 
</P>
<P>(3) When not in use, personnel doors shall be closed.
</P>
<P>(4) An airlock shall be established where the air pressure differential between air courses creates a static force exceeding 125 pounds on closed personnel doors along escapeways.
</P>
<P>(d) Doors, other than personnel doors, constructed after November 15, 1992, that are used in lieu of permanent stoppings or to control ventilation within an air course shall be: 
</P>
<P>(1) Made of noncombustible material or coated on all accessible surfaces with flame-retardant materials having a flame-spread index of 25 or less, as tested under ASTM E162-87, “Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source.” This publication is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; <I>http://www.astm.org.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
</P>
<P>(2) Of sufficient strength to serve their intended purpose of maintaining separation and permitting travel between or within air courses or entries. 
</P>
<P>(3) Installed in pairs to form an airlock. When an airlock is used, one side of the airlock shall remain closed. When not in use, both sides shall be closed. 
</P>
<P>(e)(1)(i) Except as provided in paragraphs (e)(2), (3), and (4) of this section, all overcasts, undercasts, shaft partitions, permanent stoppings, and regulators, installed after June 10, 1996, shall be constructed in a traditionally accepted method and of materials that have been demonstrated to perform adequately or in a method and of materials that have been tested and shown to have a minimum strength equal to or greater than the traditionally accepted in-mine controls. Tests may be performed under ASTM E72-80, “Standard Methods of Conducting Strength Tests of Panels for Building Construction” (Section 12-Transverse Load-Specimen Vertical, load, only), or the operator may conduct comparative in-mine tests. In-mine tests shall be designed to demonstrate the comparative strength of the proposed construction and a traditionally accepted in-mine control. The publication ASTM E72-80, “Standard Methods of Conducting Strength Tests of Panels for Building Construction,” is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; <I>http://www.astm.org.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
</P>
<P>(ii) All overcasts, undercasts, shaft partitions, permanent stoppings, and regulators, installed after November 15, 1992, shall be constructed of noncombustible material. Materials that are suitable for the construction of overcasts, undercasts, shaft partitions, permanent stoppings, and regulators include concrete, concrete block, brick, cinder block, tile, or steel. No ventilation controls installed after November 15, 1992, shall be constructed of aluminum. 
</P>
<P>(2) In anthracite mines, permanent stoppings may be constructed of overlapping layers of hardwood mine boards, if the stoppings are a minimum 2 inches thick. 
</P>
<P>(3) When timbers are used to create permanent stoppings in heaving or caving areas, the stoppings shall be coated on all accessible surfaces with a flame-retardant material having a flame-spread index of 25 or less, as tested under ASTM E162-87, “Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source.” This publication is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; <I>http://www.astm.org.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
</P>
<P>(4) In anthracite mines, doors and regulators may be constructed of overlapping layers of hardwood boards, if the doors, door frames, and regulators are a minimum 2 inches thick. 
</P>
<P>(f) When sealants are applied to ventilation controls, the sealant shall have a flame-spread index of 25 or less under ASTM E162-87, “Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source.” This publication is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; <I>http://www.astm.org.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
</P>
<P>(g) Before mining is discontinued in an entry or room that is advanced more than 20 feet from the inby rib, a crosscut shall be made or line brattice shall be installed and maintained to provide adequate ventilation. When conditions such as methane liberation warrant a distance less than 20 feet, the approved ventilation plan shall specify the location of such rooms or entries and the maximum distance they will be developed before a crosscut is made or line brattice is installed. 
</P>
<P>(h) All ventilation controls, including seals, shall be maintained to serve the purpose for which they were built. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996; 61 FR 20877, May 8, 1996; 61 FR 26442, May 28, 1996; 61 FR 29288, 29289, June 10, 1996, as amended at 67 FR 38386, June 4, 2002; 71 FR 16668, Apr. 3, 2006; 73 FR 80612, Dec. 31, 2008; 80 FR 52991, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 75.334" NODE="30:1.0.1.12.38.4.216.20" TYPE="SECTION">
<HEAD>§ 75.334   Worked-out areas and areas where pillars are being recovered.</HEAD>
<P>(a) Worked-out areas where no pillars have been recovered shall be—
</P>
<P>(1) Ventilated so that methane-air mixtures and other gases, dusts, and fumes from throughout the worked-out areas are continuously diluted and routed into a return air course or to the surface of the mine; or 
</P>
<P>(2) Sealed. 
</P>
<P>(b)(1) During pillar recovery a bleeder system shall be used to control the air passing through the area and to continuously dilute and move methane-air mixtures and other gases, dusts, and fumes from the worked-out area away from active workings and into a return air course or to the surface of the mine. 
</P>
<P>(2) After pillar recovery a bleeder system shall be maintained to provide ventilation to the worked-out area, or the area shall be sealed. 
</P>
<P>(c) The approved ventilation plan shall specify the following: 
</P>
<P>(1) The design and use of bleeder systems; 
</P>
<P>(2) The means to determine the effectiveness of bleeder systems; 
</P>
<P>(3) The means for adequately maintaining bleeder entries free of obstructions such as roof falls and standing water; and 
</P>
<P>(4) The location of ventilating devices such as regulators, stoppings and bleeder connectors used to control air movement through the worked-out area. 
</P>
<P>(d) If the bleeder system used does not continuously dilute and move methane-air mixtures and other gases, dusts, and fumes away from worked-out areas into a return air course or to the surface of the mine, or it cannot be determined by examinations or evaluations under § 75.364 that the bleeder system is working effectively, the worked-out area shall be sealed. 
</P>
<P>(e) Each mining system shall be designed so that each worked-out area can be sealed. The approved ventilation plan shall specify the location and the sequence of construction of proposed seals. 
</P>
<P>(f) In place of the requirements of paragraphs (a) and (b) of this section, for mines with a demonstrated history of spontaneous combustion, or that are located in a coal seam determined to be susceptible to spontaneous combustion, the approved ventilation plan shall specify the following: 
</P>
<P>(1) Measures to detect methane, carbon monoxide, and oxygen concentrations during and after pillar recovery, and in worked-out areas where no pillars have been recovered, to determine if the areas must be ventilated or sealed. 
</P>
<P>(2) Actions that will be taken to protect miners from the hazards of spontaneous combustion. 
</P>
<P>(3) If a bleeder system will not be used, the methods that will be used to control spontaneous combustion, accumulations of methane-air mixtures, and other gases, dusts, and fumes in the worked-out area. 


</P>
</DIV8>


<DIV8 N="§ 75.335" NODE="30:1.0.1.12.38.4.216.21" TYPE="SECTION">
<HEAD>§ 75.335   Seal strengths, design applications, and installation.</HEAD>
<P>(a) <I>Seal strengths.</I> Seals constructed on or after October 20, 2008 shall be designed, constructed, and maintained to withstand—
</P>
<P>(1)(i) At least 50-psi overpressure when the atmosphere in the sealed area is monitored and maintained inert and designed using a pressure-time curve with an instantaneous overpressure of at least 50 psi. A minimum overpressure of at least 50 psi shall be maintained for at least four seconds then released instantaneously.
</P>
<P>(ii) Seals constructed to separate the active longwall panel from the longwall panel previously mined shall be designed using a pressure-time curve with a rate of pressure rise of at least 50 psi in 0.1 second. A minimum overpressure of at least 50 psi shall be maintained; or
</P>
<P>(2)(i) Overpressures of at least 120 psi if the atmosphere in the sealed area is not monitored, is not maintained inert, the conditions in paragraphs (a)(3)(i) through (iii) of this section are not present, and the seal is designed using a pressure-time curve with an instantaneous overpressure of at least 120 psi. A minimum overpressure of 120 psi shall be maintained for at least four seconds then released instantaneously.
</P>
<P>(ii) Seals constructed to separate the active longwall panel from the longwall panel previously mined shall be designed using a pressure-time curve with a rate of pressure rise of 120 psi in 0.25 second. A minimum overpressure of 120 psi shall be maintained; or
</P>
<P>(3) Overpressures greater than 120 psi if the atmosphere in the sealed area is not monitored and is not maintained inert, and
</P>
<P>(i) The atmosphere in the sealed area is likely to contain homogeneous mixtures of methane between 4.5 percent and 17.0 percent and oxygen exceeding 17.0 percent throughout the entire area;
</P>
<P>(ii) Pressure piling could result in overpressures greater than 120 psi in the area to be sealed; or
</P>
<P>(iii) Other conditions are encountered, such as the likelihood of a detonation in the area to be sealed.
</P>
<P>(iv) Where the conditions in paragraphs (a)(3)(i), (ii), or (iii) of this section are encountered, the mine operator shall revise the ventilation plan to address the potential hazards. The plan shall include seal strengths sufficient to address such conditions.
</P>
<P>(b) <I>Seal design applications.</I> Seal design applications from seal manufacturers or mine operators shall be in accordance with paragraph (b)(1) or (2) of this section and submitted for approval to MSHA's Office of Technical Support, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 151, Pittsburgh, PA 15236-3611.
</P>
<P>(1) An engineering design application shall—
</P>
<P>(i) Address gas sampling pipes, water drainage systems, methods to reduce air leakage, pressure-time curve, fire resistance characteristics, flame spread index, entry size, engineering design and analysis, elasticity of design, material properties, construction specifications, quality control, design references, and other information related to seal construction;
</P>
<P>(ii) Be certified by a professional engineer that the design of the seal is in accordance with current, prudent engineering practices and is applicable to conditions in an underground coal mine; and
</P>
<P>(iii) Include a summary of the installation procedures related to seal construction; or
</P>
<P>(2) Each application based on full-scale explosion tests or equivalent means of physical testing shall address the following requirements to ensure that a seal can reliably meet the seal strength requirements:
</P>
<P>(i) Certification by a professional engineer that the testing was done in accordance with current, prudent engineering practices for construction in a coal mine;
</P>
<P>(ii) Technical information related to the methods and materials;
</P>
<P>(iii) Supporting documentation;
</P>
<P>(iv) An engineering analysis to address differences between the seal support during test conditions and the range of conditions in a coal mine; and
</P>
<P>(v) A summary of the installation procedures related to seal construction.
</P>
<P>(3) MSHA will notify the applicant if additional information or testing is required. The applicant shall provide this information, arrange any additional or repeat tests, and provide prior notification to MSHA of the location, date, and time of such test(s).
</P>
<P>(4) MSHA will notify the applicant, in writing, whether the design is approved or denied. If the design is denied, MSHA will specify, in writing, the deficiencies of the application, or necessary revisions.
</P>
<P>(5) Once the seal design is approved, the approval holder shall promptly notify MSHA, in writing, of all deficiencies of which they become aware.
</P>
<P>(c) <I>Seal installation approval.</I> The installation of the approved seal design shall be subject to approval in the ventilation plan. The mine operator shall—
</P>
<P>(1) Retain the seal design approval and installation information for as long as the seal is needed to serve the purpose for which it was built.
</P>
<P>(2) Designate a professional engineer to conduct or have oversight of seal installation and certify that the provisions in the approved seal design specified in this section have been addressed and are applicable to conditions at the mine. A copy of the certification shall be submitted to the District Manager with the information provided in paragraph (c)(3) of this section and a copy of the certification shall be retained for as long as the seal is needed to serve the purpose for which it was built.
</P>
<P>(3) Provide the following information for approval in the ventilation plan—
</P>
<P>(i) The MSHA Technical Support Approval Number;
</P>
<P>(ii) A summary of the installation procedures;
</P>
<P>(iii) The mine map of the area to be sealed and proposed seal locations that include the deepest points of penetration prior to sealing. The mine map shall be certified by a professional engineer or a professional land surveyor.
</P>
<P>(iv) Specific mine site information, including—
</P>
<P>(A) Type of seal;
</P>
<P>(B) Safety precautions taken prior to seal achieving design strength;
</P>
<P>(C) Methods to address site-specific conditions that may affect the strength and applicability of the seal including set-back distances;
</P>
<P>(D) Site preparation;
</P>
<P>(E) Sequence of seal installations;
</P>
<P>(F) Projected date of completion of each set of seals;
</P>
<P>(G) Supplemental roof support inby and outby each seal;
</P>
<P>(H) Water flow estimation and dimensions of the water drainage system through the seals;
</P>
<P>(I) Methods to ventilate the outby face of seals once completed;
</P>
<P>(J) Methods and materials used to maintain each type of seal;
</P>
<P>(K) Methods to address shafts and boreholes in the sealed area;
</P>
<P>(L) Assessment of potential for overpressures greater than 120 psi in sealed area;
</P>
<P>(M) Additional sampling locations; and
</P>
<P>(N) Additional information required by the District Manager.
</P>
<CITA TYPE="N">[73 FR 21206, Apr. 18, 2008, as amended at 80 FR 52982, Sept. 2, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 75.336" NODE="30:1.0.1.12.38.4.216.22" TYPE="SECTION">
<HEAD>§ 75.336   Sampling and monitoring requirements.</HEAD>
<P>(a) A certified person as defined in § 75.100 shall monitor atmospheres of sealed areas. Sealed areas shall be monitored, whether ingassing or outgassing, for methane and oxygen concentrations and the direction of leakage.
</P>
<P>(1) Each sampling pipe and approved sampling location shall be sampled at least every 24 hours.
</P>
<P>(i) Atmospheres with seals of 120 psi or greater shall be sampled until the design strength is reached for every seal used to seal the area.
</P>
<P>(ii) Atmospheres with seals less than 120 psi constructed before October 20, 2008 shall be monitored for methane and oxygen concentrations and maintained inert. The operator may request that the District Manager approve different sampling locations and frequencies in the ventilation plan, provided at least one sample is taken at each set of seals at least every 7 days.
</P>
<P>(iii) Atmospheres with seals less than 120 psi constructed after October 20, 2008 shall be monitored for methane and oxygen concentrations and maintained inert. The operator may request that the District Manager approve different sampling locations and frequencies in the ventilation plan after a minimum of 14 days and after the seal design strength is reached, provided at least one sample is taken at each set of seals at least every 7 days.
</P>
<P>(2) The mine operator shall evaluate the atmosphere in the sealed area to determine whether sampling through the sampling pipes in seals and approved locations provides appropriate sampling locations of the sealed area. The mine operator shall make the evaluation immediately after the minimum 14-day required sampling, if the mine ventilation system is reconfigured, if changes occur that adversely affect the sealed area, or if the District Manager requests an evaluation. When the results of the evaluations indicate the need for additional sampling locations, the mine operator shall provide the additional locations and have them approved in the ventilation plan. The District Manager may require additional sampling locations and frequencies in the ventilation plan.
</P>
<P>(3) Mine operators with an approved ventilation plan addressing spontaneous combustion pursuant to § 75.334(f) shall sample the sealed atmosphere in accordance with the ventilation plan.
</P>
<P>(4) The District Manager may approve in the ventilation plan the use of a continuous monitoring system in lieu of monitoring provisions in this section.
</P>
<P>(b)(1) Except as provided in § 75.336(d), the atmosphere in the sealed area is considered inert when the oxygen concentration is less than 10.0 percent or the methane concentration is less than 3.0 percent or greater than 20.0 percent.
</P>
<P>(2) Immediate action shall be taken by the mine operator to restore an inert sealed atmosphere behind seals with strengths less than 120 psi. Until the atmosphere in the sealed area is restored to an inert condition, the sealed atmosphere shall be monitored at each sampling pipe and approved location at least once every 24 hours.
</P>
<P>(c) Except as provided in § 75.336(d), when a sample is taken from the sealed atmosphere with seals of less than 120 psi and the sample indicates that the oxygen concentration is 10 percent or greater and methane is between 4.5 percent and 17 percent, the mine operator shall immediately take an additional sample and then immediately notify the District Manager. When the additional sample indicates that the oxygen concentration is 10 percent or greater and methane is between 4.5 percent and 17 percent, persons shall be withdrawn from the affected area which is the entire mine or other affected area identified by the operator and approved by the District Manager in the ventilation plan, except those persons referred to in § 104(c) of the Act. The operator may identify areas in the ventilation plan to be approved by the District Manager where persons may be exempted from withdrawal. The operator's request shall address the location of seals in relation to: Areas where persons work and travel in the mine; escapeways and potential for damage to the escapeways; and ventilation systems and controls in areas where persons work or travel and where ventilation is used for escapeways. The operator's request shall also address the gas concentration of other sampling locations in the sealed area and other required information. Before miners reenter the mine, the mine operator shall have a ventilation plan revision approved by the District Manager specifying the actions to be taken.
</P>
<P>(d) In sealed areas with a demonstrated history of carbon dioxide or sealed areas where inert gases have been injected, the operator may request that the District Manager approve in the ventilation plan an alternative method to determine if the sealed atmosphere is inert and when miners have to be withdrawn. The mine operator shall address in the ventilation plan the specific levels of methane, carbon dioxide, nitrogen and oxygen; the sampling methods and equipment used; and the methods to evaluate these concentrations underground at the seal.
</P>
<P>(e) <I>Recordkeeping.</I> (1) The certified person shall promptly record each sampling result including the location of the sampling points, whether ingassing or outgassing, and oxygen and methane concentrations. The results of oxygen and methane samples shall be recorded as the percentage of oxygen and methane measured by the certified person and any hazardous condition found in accordance with § 75.363.
</P>
<P>(2) The mine operator shall retain sampling records at the mine for at least one year from the date of the sampling.
</P>
<CITA TYPE="N">[73 FR 21207, Apr. 18, 2008; 73 FR 27730, May 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.337" NODE="30:1.0.1.12.38.4.216.23" TYPE="SECTION">
<HEAD>§ 75.337   Construction and repair of seals.</HEAD>
<P>(a) The mine operator shall maintain and repair seals to protect miners from hazards of sealed areas.
</P>
<P>(b) Prior to sealing, the mine operator shall—
</P>
<P>(1) Remove insulated cables, batteries, and other potential electric ignition sources from the area to be sealed when constructing seals, unless it is not safe to do so. If ignition sources cannot safely be removed, seals must be constructed to at least 120 psi;
</P>
<P>(2) Remove metallic objects through or across seals; and
</P>
<P>(3) Breach or remove all stoppings in the first crosscut inby the seals immediately prior to sealing the area.
</P>
<P>(c) A certified person designated by the mine operator shall directly supervise seal construction and repair and—
</P>
<P>(1) Examine each seal site immediately prior to construction or repair to ensure that the site is in accordance with the approved ventilation plan;
</P>
<P>(2) Examine each seal under construction or repair during each shift to ensure that the seal is being constructed or repaired in accordance with the approved ventilation plan;
</P>
<P>(3) Examine each seal upon completion of construction or repair to ensure that construction or repair is in accordance with the approved ventilation plan;
</P>
<P>(4) Certify by initials, date, and time that the examinations were made; and
</P>
<P>(5) Make a record of the examination at the completion of any shift during which an examination was conducted. The record shall include each deficiency and the corrective action taken. The record shall be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The record shall be kept at the mine for one year.
</P>
<P>(d) Upon completion of construction of each seal a senior mine management official, such as a mine manager or superintendent, shall certify that the construction, installation, and materials used were in accordance with the approved ventilation plan. The mine operator shall retain the certification for as long as the seal is needed to serve the purpose for which it was built.
</P>
<P>(e) The mine operator shall—
</P>
<P>(1) Notify the District Manager between two and fourteen days prior to commencement of seal construction;
</P>
<P>(2) Notify the District Manager, in writing, within five days of completion of a set of seals and provide a copy of the certification required in paragraph (d) of this section; and
</P>
<P>(3) Submit a copy of quality control results to the District Manager for seal material properties specified by § 75.335 within 30 days of completion of quality control tests.
</P>
<P>(f) <I>Welding, cutting, and soldering.</I> Welding, cutting, and soldering with an arc or flame are prohibited within 150 feet of a seal. An operator may request a different location in the ventilation plan to be approved by the District Manager. The operator's request must address methods the mine operator will use to continuously monitor atmospheric conditions in the sealed area during welding or burning; the airflow conditions in and around the work area; the rock dust and water application methods; the availability of fire extinguishers on hand; the procedures to maintain safe conditions, and other relevant factors.
</P>
<P>(g) <I>Sampling pipes.</I> (1) For seals constructed after April 18, 2008, one non-metallic sampling pipe shall be installed in each seal that shall extend into the center of the first connecting crosscut inby the seal. If an open crosscut does not exist, the sampling pipe shall extend one-half of the distance of the open entry inby the seal.
</P>
<P>(2) Each sampling pipe shall be equipped with a shut-off valve and appropriate fittings for taking gas samples.
</P>
<P>(3) The sampling pipes shall be labeled to indicate the location of the sampling point when more than one sampling pipe is installed through a seal.
</P>
<P>(4) If a new seal is constructed to replace or reinforce an existing seal with a sampling pipe, the sampling pipe in the existing seal shall extend through the new seal. An additional sampling pipe shall be installed through each new seal to sample the area between seals, as specified in the approved ventilation plan.
</P>
<P>(h) <I>Water drainage system.</I> For each set of seals constructed after April 18, 2008, the seal at the lowest elevation shall have a corrosion-resistant, non-metallic water drainage system. Seals shall not impound water or slurry. Water or slurry shall not accumulate within the sealed area to any depth that can adversely affect a seal.
</P>
<CITA TYPE="N">[73 FR 21207, Apr. 18, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.338" NODE="30:1.0.1.12.38.4.216.24" TYPE="SECTION">
<HEAD>§ 75.338   Training.</HEAD>
<P>(a) Certified persons conducting sampling shall be trained in the use of appropriate sampling equipment, procedures, location of sampling points, frequency of sampling, size and condition of the sealed area, and the use of continuous monitoring systems if applicable before they conduct sampling, and annually thereafter. The mine operator shall certify the date of training provided to certified persons and retain each certification for two years.
</P>
<P>(b) Miners constructing or repairing seals, designated certified persons, and senior mine management officials shall be trained prior to constructing or repairing a seal and annually thereafter. The training shall address materials and procedures in the approved seal design and ventilation plan. The mine operator shall certify the date of training provided each miner, certified person, and senior mine management official and retain each certification for two years.
</P>
<CITA TYPE="N">[73 FR 21208, Apr. 18, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.339" NODE="30:1.0.1.12.38.4.216.25" TYPE="SECTION">
<HEAD>§ 75.339   Seals records.</HEAD>
<P>(a) The table entitled “Seal Recordkeeping Requirements” lists records the operator shall maintain and the retention period for each record.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table—§ 75.339(<E T="01">a</E>) Seal Recordkeeping Requirements
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Record
</TH><TH class="gpotbl_colhed" scope="col">Section reference
</TH><TH class="gpotbl_colhed" scope="col">Retention time
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Approved seal design</TD><TD align="left" class="gpotbl_cell">75.335(c)(1)</TD><TD align="left" class="gpotbl_cell">As long as the seal is needed to serve the purpose for which it is built.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Certification of Provisions of Approved Seal Design is Addressed</TD><TD align="left" class="gpotbl_cell">75.335(c)(2)</TD><TD align="left" class="gpotbl_cell">As long as the seal is needed to serve the purpose for which it is built.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Gas sampling records</TD><TD align="left" class="gpotbl_cell">75.336(e)(2)</TD><TD align="left" class="gpotbl_cell">1 year.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Record of examinations</TD><TD align="left" class="gpotbl_cell">75.337(c)(5)</TD><TD align="left" class="gpotbl_cell">1 year.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Certification of seal construction, installation, and materials</TD><TD align="left" class="gpotbl_cell">75.337(d)</TD><TD align="left" class="gpotbl_cell">As long as the seal is needed to serve the purpose for which it is built.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Certification of Training for Persons that Sample</TD><TD align="left" class="gpotbl_cell">75.338(a)</TD><TD align="left" class="gpotbl_cell">2 years.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Certification of Training for Persons that Perform Seal Construction and Repair</TD><TD align="left" class="gpotbl_cell">75.338(b)</TD><TD align="left" class="gpotbl_cell">2 years.</TD></TR></TABLE></DIV></DIV>
<P>(b) Records required by §§ 75.335, 75.336, 75.337 and 75.338 shall be retained at a surface location at the mine in a secure book that is not susceptible to alteration. The records may be retained electronically in a computer system that is secure and not susceptible to alteration, if the mine operator can immediately access the record from the mine site.
</P>
<P>(c) Upon request from an authorized representative of the Secretary of Labor, the Secretary of Health and Human Services, or from the authorized representative of miners, mine operators shall promptly provide access to any record listed in the table in this section.
</P>
<P>(d) Whenever an operator ceases to do business or transfers control of the mine to another entity, that operator shall transfer all records required to be maintained by this part, or a copy thereof, to any successor operator who shall maintain them for the required period.
</P>
<CITA TYPE="N">[73 FR 21208, Apr. 18, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.340" NODE="30:1.0.1.12.38.4.216.26" TYPE="SECTION">
<HEAD>§ 75.340   Underground electrical installations.</HEAD>
<P>(a) Underground transformer stations, battery charging stations, substations, rectifiers, and water pumps shall be housed in noncombustible structures or areas or be equipped with a fire suppression system meeting the requirements of § 75.1107-3 through § 75.1107-16. 
</P>
<P>(1) When a noncombustible structure or area is used, these installations shall be— 
</P>
<P>(i) Ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate working places; or 
</P>
<P>(ii) Ventilated with intake air that is monitored for carbon monoxide or smoke by an AMS installed and operated according to § 75.351. Monitoring of intake air ventilating battery charging stations shall be done with sensors not affected by hydrogen; or 
</P>
<P>(iii) Ventilated with intake air and equipped with sensors to monitor for heat and for carbon monoxide or smoke. Monitoring of intake air ventilating battery charging stations shall be done with sensors not affected by hydrogen. The sensors shall deenergize power to the installation, activate a visual and audible alarm located outside of and on the intake side of the enclosure, and activate doors that will automatically close when either of the following occurs: 
</P>
<P>(A) The temperature in the noncombustible structure reaches 165 °F; or 
</P>
<P>(B) The carbon monoxide concentration reaches 10 parts per million above the ambient level for the area, or the optical density of smoke reaches 0.022 per meter. At least every 31 days, sensors installed to monitor for carbon monoxide shall be calibrated with a known concentration of carbon monoxide and air sufficient to activate the closing door, or each smoke sensor shall be tested to determine that it functions correctly. 
</P>
<P>(2) When a fire suppression system is used, these installations shall be—
</P>
<P>(i) Ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate working places; or 
</P>
<P>(ii) Ventilated with intake air that is monitored for carbon monoxide or smoke by an AMS installed and operated according to § 75.351. Monitoring of intake air ventilating battery charging stations shall be done with sensors not affected by hydrogen. 
</P>
<P>(b) This section does not apply to—
</P>
<P>(1) Rectifiers and power centers with transformers that are either dry-type or contain nonflammable liquid, if they are located at or near the section and are moved as the working section advances or retreats; 
</P>
<P>(2) Submersible pumps; 
</P>
<P>(3) Permissible pumps and associated permissible switchgear; 
</P>
<P>(4) Pumps located on or near the section and that are moved as the working section advances or retreats; 
</P>
<P>(5) Pumps installed in anthracite mines; and 
</P>
<P>(6) Small portable pumps. 


</P>
</DIV8>


<DIV8 N="§ 75.341" NODE="30:1.0.1.12.38.4.216.27" TYPE="SECTION">
<HEAD>§ 75.341   Direct-fired intake air heaters.</HEAD>
<P>(a) If any system used to heat intake air malfunctions, the heaters affected shall switch off automatically. 
</P>
<P>(b) Thermal overload devices shall protect the blower motor from overheating. 
</P>
<P>(c) The fuel supply shall turn off automatically if a flame-out occurs. 
</P>
<P>(d) Each heater shall be located or guarded to prevent contact by persons and shall be equipped with a screen at the inlet to prevent combustible materials from passing over the burner units. 
</P>
<P>(e) If intake air heaters use liquefied fuel systems—
</P>
<P>(1) Hydrostatic relief valves installed on vaporizers and on storage tanks shall be vented; and 
</P>
<P>(2) Fuel storage tanks shall be located or protected to prevent fuel from leaking into the mine. 
</P>
<P>(f) Following any period of 8 hours or more during which a heater does not operate, the heater and its associated components shall be examined within its first hour of operation. Additionally, each heater and its components shall be examined at least once each shift that the heater operates. The examination shall include measurement of the carbon monoxide concentration at the bottom of each shaft, slope, or in the drift opening where air is being heated. The measurements shall be taken by a person designated by the operator or by a carbon monoxide sensor that is calibrated with a known concentration of carbon monoxide and air at least once every 31 days. When the carbon monoxide concentration at this location reaches 50 parts per million, the heater causing the elevated carbon monoxide level shall be shut down. 


</P>
</DIV8>


<DIV8 N="§ 75.342" NODE="30:1.0.1.12.38.4.216.28" TYPE="SECTION">
<HEAD>§ 75.342   Methane monitors.</HEAD>
<P>(a)(1) MSHA approved methane monitors shall be installed on all face cutting machines, continuous miners, longwall face equipment, loading machines, and other mechanized equipment used to extract or load coal within the working place. 
</P>
<P>(2) The sensing device for methane monitors on longwall shearing machines shall be installed at the return air end of the longwall face. An additional sensing device also shall be installed on the longwall shearing machine, downwind and as close to the cutting head as practicable. An alternative location or locations for the sensing device required on the longwall shearing machine may be approved in the ventilation plan. 
</P>
<P>(3) The sensing devices of methane monitors shall be installed as close to the working face as practicable. 
</P>
<P>(4) Methane monitors shall be maintained in permissible and proper operating condition and shall be calibrated with a known air-methane mixture at least once every 31 days. To assure that methane monitors are properly maintained and calibrated, the operator shall: 
</P>
<P>(i) Use persons properly trained in the maintenance, calibration, and permissibility of methane monitors to calibrate and maintain the devices. 
</P>
<P>(ii) Maintain a record of all calibration tests of methane monitors. Records shall be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. 
</P>
<P>(iii) Retain the record of calibration tests for 1 year from the date of the test. Records shall be retained at a surface location at the mine and made available for inspection by authorized representatives of the Secretary and the representative of miners. 
</P>
<P>(b)(1) When the methane concentration at any methane monitor reaches 1.0 percent the monitor shall give a warning signal. 
</P>
<P>(2) The warning signal device of the methane monitor shall be visible to a person who can deenergize electric equipment or shut down diesel-powered equipment on which the monitor is mounted. 
</P>
<P>(c) The methane monitor shall automatically deenergize electric equipment or shut down diesel-powered equipment on which it is mounted when— 
</P>
<P>(1) The methane concentration at any methane monitor reaches 2.0 percent; or 
</P>
<P>(2) The monitor is not operating properly. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 75.343" NODE="30:1.0.1.12.38.4.216.29" TYPE="SECTION">
<HEAD>§ 75.343   Underground shops.</HEAD>
<P>(a) Underground shops shall be equipped with an automatic fire suppression system meeting the requirements of § 75.1107-3 through § 75.1107-16, or be enclosed in a noncombustible structure or area. 
</P>
<P>(b) Underground shops shall be ventilated with intake air that is coursed directly into a return air course. 


</P>
</DIV8>


<DIV8 N="§ 75.344" NODE="30:1.0.1.12.38.4.216.30" TYPE="SECTION">
<HEAD>§ 75.344   Compressors.</HEAD>
<P>(a) Except compressors that are components of equipment such as locomotives and rock dusting machines and compressors of less than 5 horsepower, electrical compressors including those that may start automatically shall be: 
</P>
<P>(1) Continuously attended by a person designated by the operator who can see the compressor at all times during its operation. Any designated person attending the compressor shall be capable of activating the fire suppression system and deenergizing or shutting-off the compressor in the event of a fire; or, 
</P>
<P>(2) Enclosed in a noncombustible structure or area which is ventilated by intake air coursed directly into a return air course or to the surface and equipped with sensors to monitor for heat and for carbon monoxide or smoke. The sensors shall deenergize power to the compressor, activate a visual and audible alarm located outside of and on the intake side of the enclosure, and activate doors to automatically enclose the noncombustible structure or area when either of the following occurs: 
</P>
<P>(i) The temperature in the noncombustible structure or area reaches 165 °F. 
</P>
<P>(ii) The carbon monoxide concentration reaches 10 parts per million above the ambient level for the area, or the optical density of smoke reaches 0.022 per meter. At least once every 31 days, sensors installed to monitor for carbon monoxide shall be calibrated with a known concentration of carbon monoxide and air sufficient to activate the closing door, and each smoke sensor shall be tested to determine that it functions correctly. 
</P>
<P>(b) Compressors, except those exempted in paragraph (a), shall be equipped with a heat activated fire suppression system meeting the requirements of 75.1107-3 through 75.1107-16. 
</P>
<P>(c) Two portable fire extinguishers or one extinguisher having at least twice the minimum capacity specified for a portable fire extinguisher in § 75.1100-1(e) shall be provided for each compressor. 
</P>
<P>(d) Notwithstanding the requirements of § 75.1107-4, upon activation of any fire suppression system used under paragraph (b) of this section, the compressor shall be automatically deenergized or automatically shut off. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996]






</CITA>
</DIV8>


<DIV8 N="§ 75.350" NODE="30:1.0.1.12.38.4.216.31" TYPE="SECTION">
<HEAD>§ 75.350   Belt air course ventilation.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) The belt air course must not be used as a return air course; and except as provided in paragraph (b) of this section, the belt air course must not be used to provide air to working sections or to areas where mechanized mining equipment is being installed or removed.
</P>
<P>(1) The belt air course must be separated with permanent ventilation controls from return air courses and from other intake air courses except as provided in paragraph (c) of this section.
</P>
<P>(2) Effective December 31, 2009, the air velocity in the belt entry must be at least 50 feet per minute. When requested by the mine operator, the district manager may approve lower velocities in the ventilation plan based on specific mine conditions. Air velocities must be compatible with all fire detection systems and fire suppression systems used in the belt entry.
</P>
<P>(b) The use of air from a belt air course to ventilate a working section, or an area where mechanized mining equipment is being installed or removed, shall be permitted only when evaluated and approved by the district manager in the mine ventilation plan. The mine operator must provide justification in the plan that the use of air from a belt entry would afford at least the same measure of protection as where belt haulage entries are not used to ventilate working places. In addition, the following requirements must be met:
</P>
<P>(1) The belt entry must be equipped with an AMS that is installed, operated, examined, and maintained as specified in § 75.351.
</P>
<P>(2) All miners must be trained annually in the basic operating principles of the AMS, including the actions required in the event of activation of any AMS alert or alarm signal. This training must be conducted prior to working underground in a mine that uses belt air to ventilate working sections or areas where mechanized mining equipment is installed or removed. It must be conducted as part of a miner's 30 CFR part 48 new miner training (§ 48.5), experienced miner training (§ 48.6), or annual refresher training (§ 48.8).
</P>
<P>(3)(i) The average concentration of respirable dust in the belt air course, when used as a section intake air course, shall be maintained at or below 0.5 milligrams per cubic meter of air (mg/m
<SU>3</SU>).
</P>
<P>(ii) A permanent designated area (DA) for dust measurements must be established at a point no greater than 50 feet upwind from the section loading point in the belt entry when the belt air flows over the loading point or no greater than 50 feet upwind from the point where belt air is mixed with air from another intake air course near the loading point. The DA must be specified and approved in the ventilation plan.
</P>
<P>(4) The primary escapeway must be monitored for carbon monoxide or smoke as specified in § 75.351(f).
</P>
<P>(5) The area of the mine with a belt air course must be developed with three or more entries.
</P>
<P>(6) In areas of the mine developed after the effective date of this rule, unless approved by the district manager, no more than 50% of the total intake air, delivered to the working section or to areas where mechanized mining equipment is being installed or removed, can be supplied from the belt air course. The locations for measuring these air quantities must be approved in the mine ventilation plan.
</P>
<P>(7) The air velocity in the belt entry must be at least 100 feet per minute. When requested by the mine operator, the district manager may approve lower velocities in the ventilation plan based on specific mine conditions.
</P>
<P>(8) The air velocity in the belt entry must not exceed 1,000 feet per minute. When requested by the mine operator, the district manager may approve higher velocities in the ventilation plan based on specific mine conditions.
</P>
<P>(c) Notwithstanding the provisions of § 75.380(g), additional intake air may be added to the belt air course through a point-feed regulator. The location and use of point feeds must be approved in the mine ventilation plan.
</P>
<P>(d) If the air through the point-feed regulator enters a belt air course which is used to ventilate a working section or an area where mechanized mining equipment is being installed or removed, the following conditions must be met:
</P>
<P>(1) The air current that will pass through the point-feed regulator must be monitored for carbon monoxide or smoke at a point within 50 feet upwind of the point-feed regulator. A second point must be monitored 1,000 feet upwind of the point-feed regulator unless the mine operator requests that a lesser distance be approved by the district manager in the mine ventilation plan based on mine specific conditions;
</P>
<P>(2) The air in the belt air course must be monitored for carbon monoxide or smoke upwind of the point-feed regulator. This sensor must be in the belt air course within 50 feet of the mixing point where air flowing through the point-feed regulator mixes with the belt air;
</P>
<P>(3) The point-feed regulator must be provided with a means to close the regulator from the intake air course without requiring a person to enter the crosscut where the point-feed regulator is located. The point-feed regulator must also be provided with a means to close the regulator from a location in the belt air course immediately upwind of the crosscut containing the point-feed regulator;
</P>
<P>(4) A minimum air velocity of 300 feet per minute must be maintained through the point-feed regulator;
</P>
<P>(5) The location(s) and use of a point-feed regulator(s) must be approved in the mine ventilation plan and shown on the mine ventilation map; and
</P>
<P>(6) An AMS must be installed, operated, examined, and maintained as specified in § 75.351.
</P>
<CITA TYPE="N">[89 FR 28479, 28480, Apr. 18, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 75.351" NODE="30:1.0.1.12.38.4.216.32" TYPE="SECTION">
<HEAD>§ 75.351   Atmospheric monitoring systems.</HEAD>
<P>(a) <I>AMS operation.</I> Whenever personnel are underground and an AMS is used to fulfill the requirements of §§ 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), the AMS must be operating and a designated AMS operator must be on duty at a location on the surface of the mine where audible and visual signals from the AMS must be seen or heard and the AMS operator can promptly respond to these signals.
</P>
<P>(b) <I>Designated surface location and AMS operator.</I> When an AMS is used to comply with §§ 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), the following requirements apply:
</P>
<P>(1) The mine operator must designate a surface location at the mine where signals from the AMS will be received and two-way voice communication is maintained with each working section, with areas where mechanized mining equipment is being installed or removed, and with other areas designated in the approved emergency evacuation and firefighting program of instruction (§ 75.1502).
</P>
<P>(2) The mine operator must designate an AMS operator to monitor and promptly respond to all AMS signals. The AMS operator must have as a primary duty the responsibility to monitor the malfunction, alert and alarm signals of the AMS, and to notify appropriate personnel of these signals. In the event of an emergency, the sole responsibility of the AMS operator shall be to respond to the emergency.
</P>
<P>(3) A map or schematic must be provided at the designated surface location that shows the locations and type of AMS sensor at each location, and the intended air flow direction at these locations. This map or schematic must be updated within 24 hours of any change in this information.
</P>
<P>(4) The names of the designated AMS operators and other appropriate personnel, including the designated person responsible for initiating an emergency mine evacuation under § 75.1501, and the method to contact these persons, must be provided at the designated surface location.
</P>
<P>(c) <I>Minimum operating requirements.</I> AMSs used to comply with §§ 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f) must:
</P>
<P>(1) Automatically provide visual and audible signals at the designated surface location for any interruption of circuit continuity and any electrical malfunction of the system. These signals must be of sufficient magnitude to be seen or heard by the AMS operator.
</P>
<P>(2) Automatically provide visual and audible signals at the designated surface location when the carbon monoxide concentration or methane concentration at any sensor reaches the alert level as specified in § 75.351(i). These signals must be of sufficient magnitude to be seen or heard by the AMS operator.
</P>
<P>(3) Automatically provide visual and audible signals at the designated surface location distinguishable from alert signals when the carbon monoxide, smoke, or methane concentration at any sensor reaches the alarm level as specified in § 75.351(i). These signals must be of sufficient magnitude to be seen or heard by the AMS operator.
</P>
<P>(4) Automatically provide visual and audible signals at all affected working sections and at all affected areas where mechanized mining equipment is being installed or removed when the carbon monoxide, smoke, or methane concentration at any sensor reaches the alarm level as specified in § 75.351(i). These signals must be of sufficient magnitude to be seen or heard by miners working at these locations. Methane signals must be distinguishable from other signals.
</P>
<P>(5) Automatically provide visual and audible signals at other locations as specified in Mine Emergency Evacuation and Firefighting Program of Instruction (§ 75.1502) when the carbon monoxide, smoke, or methane concentration at any sensor reaches the alarm level as specified in § 75.351(i). These signals must be seen or heard by miners working at these locations. Methane alarms must be distinguishable from other signals.
</P>
<P>(6) Identify at the designated surface location the operational status of all sensors.
</P>
<P>(7) Automatically provide visual and audible alarm signals at the designated surface location, at all affected working sections, and at all affected areas where mechanized mining equipment is being installed or removed when the carbon monoxide level at any two consecutive sensors alert at the same time. These signals must be seen or heard by the AMS operator and miners working at these locations.
</P>
<P>(d) <I>Location and installation of AMS sensors.</I> (1) All AMS sensors, as specified in §§ 75.351(e) through 75.351(h), must be located such that measurements are representative of the mine atmosphere in these locations.
</P>
<P>(2) Carbon monoxide or smoke sensors must be installed near the center in the upper third of the entry, in a location that does not expose personnel working on the system to unsafe conditions. Sensors must not be located in abnormally high areas or in other locations where air flow patterns do not permit products of combustion to be carried to the sensors.
</P>
<P>(3) Methane sensors must be installed near the center of the entry, at least 12 inches from the roof, ribs, and floor, in a location that would not expose personnel working on the system to unsafe conditions.
</P>
<P>(e) <I>Location of sensors-belt air course.</I> (1) In addition to the requirements of paragraph (d) of this section, any AMS used to monitor belt air courses under § 75.350(b) must have approved sensors to monitor for carbon monoxide at the following locations:
</P>
<P>(i) At or near the working section belt tailpiece in the air stream ventilating the belt entry. In longwall mining systems the sensor must be located upwind in the belt entry at a distance no greater than 150 feet from the mixing point where intake air is mixed with the belt air at or near the tailpiece;
</P>
<P>(ii) No more than 50 feet upwind from the point where the belt air course is combined with another air course or splits into multiple air courses;
</P>
<P>(iii) At intervals not to exceed 1,000 feet along each belt entry. However, in areas along each belt entry where air velocities are between 50 and 100 feet per minute, spacing of sensors must not exceed 500 feet. In areas along each belt entry where air velocities are less than 50 feet per minute, the sensor spacing must not exceed 350 feet;
</P>
<P>(iv) Not more than 100 feet downwind of each belt drive unit, each tailpiece, transfer point, and each belt take-up. If the belt drive, tailpiece, and/or take-up for a single transfer point are installed together in the same air course, and the distance between the units is less than 100 feet, they may be monitored with one sensor downwind of the last component. If the distance between the units exceeds 100 feet, additional sensors are required downwind of each belt drive unit, each tailpiece, transfer point, and each belt take-up; and
</P>
<P>(v) At other locations in any entry that is part of the belt air course as required and specified in the mine ventilation plan.
</P>
<P>(2) Smoke sensors must be installed to monitor the belt entry under § 75.350(b) at the following locations:
</P>
<P>(i) At or near the working section belt tailpiece in the air stream ventilating the belt entry. In longwall mining systems the sensor must be located upwind in the belt entry at a distance no greater than 150 feet from the mixing point where intake air is mixed with the belt air at or near the tailpiece;
</P>
<P>(ii) Not more than 100 feet downwind of each belt drive unit, each tailpiece transfer point, and each belt take-up. If the belt drive, tailpiece, and/or take-up for a single transfer point are installed together in the same air course, and the distance between the units is less than 100 feet, they may be monitored with one sensor downwind of the last component. If the distance between the units exceeds 100 feet, additional sensors are required downwind of each belt drive unit, each tailpiece, transfer point, and each belt take-up; and
</P>
<P>(iii) At intervals not to exceed 3,000 feet along each belt entry.
</P>
<P>(iv) This provision shall be effective one year after the Secretary has determined that a smoke sensor is available to reliably detect fire in underground coal mines.
</P>
<P>(f) <I>Locations of sensors—the primary escapeway.</I> When used to monitor the primary escapeway under § 75.350(b)(4), carbon monoxide or smoke sensors must be located in the primary escapeway within 500 feet of the working section and areas where mechanized mining equipment is being installed or removed. In addition, another sensor must be located within 500 feet inby the beginning of the panel. The point-feed sensor required by § 75.350(d)(1) may be used as the sensor at the beginning of the panel if it is located within 500 feet inby the beginning of the panel.
</P>
<P>(g) <I>Location of sensors—return air splits.</I> (1) If used to monitor return air splits under § 75.362(f), a methane sensor must be installed in the return air split between the last working place, longwall or shortwall face ventilated by that air split, and the junction of the return air split with another air split, seal, or worked out area. 
</P>
<P>(2) If used to monitor a return air split under § 75.323(d)(1)(ii), the methane sensors must be installed at the following locations:
</P>
<P>(i) In the return air course opposite the section loading point, or, if exhausting auxiliary fan(s) are used, in the return air course no closer than 300 feet downwind from the fan exhaust and at a point opposite or immediately outby the section loading point; and
</P>
<P>(ii) Immediately upwind from the location where the return air split meets another air split or immediately upwind of the location where an air split is used to ventilate seals or worked-out areas.
</P>
<P>(h) <I>Location of sensors—electrical installations.</I> When monitoring the intake air ventilating underground transformer stations, battery charging stations, substations, rectifiers, or water pumps under § 75.340(a)(1)(ii) or § 75.340(a)(2)(ii), at least one sensor must be installed to monitor the mine atmosphere for carbon monoxide or smoke, located downwind and not greater than 50 feet from the electrical installation being monitored.
</P>
<P>(i) <I>Establishing alert and alarm levels.</I> An AMS installed in accordance with the following paragraphs must initiate alert and alarm signals at the specified levels, as indicated:
</P>
<P>(1) For § 75.323(d)(1)(ii) alarm at 1.5% methane.
</P>
<P>(2) For §§ 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), and 75.350(d), alert at 5 ppm carbon monoxide above the ambient level and alarm at 10 ppm carbon monoxide above the ambient level when carbon monoxide sensors are used; and alarm at a smoke optical density of 0.022 per meter when smoke sensors are used. Reduced alert and alarm settings approved by the district manager may be required for carbon monoxide sensors identified in the mine ventilation plan, § 75.371(nn).
</P>
<P>(3) For § 75.362(f), alert at 1.0% methane and alarm at 1.5% methane.
</P>
<P>(j) <I>Establishing carbon monoxide ambient levels.</I> Carbon monoxide ambient levels and the means to determine these levels must be approved in the mine ventilation plan (§ 75.371(hh)) for monitors installed in accordance with §§ 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), and 75.350(d).
</P>
<P>(k) <I>Installation and maintenance.</I> An AMS installed in accordance with §§ 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f) must be installed and maintained by personnel trained in the installation and maintenance of the system. The system must be maintained in proper operating condition.
</P>
<P>(l) <I>Sensors.</I> Sensors used to monitor for carbon monoxide, methane, and smoke must be either of a type listed and installed in accordance with the recommendations of a nationally recognized testing laboratory approved by the Secretary; or these sensors must be of a type, and installed in a manner, approved by the Secretary.
</P>
<P>(m) <I>Time delays.</I> When a demonstrated need exists, time delays may be incorporated into the AMS. These time delays must only be used to account for non-fire related carbon monoxide alert and alarm sensor signals. These time delays are limited to no more than three minutes. The use and length of any time delays, or other techniques or methods which eliminate or reduce the need for time delays, must be specified and approved in the mine ventilation plan.
</P>
<P>(n) <I>Examination, testing, and calibration.</I> (1) At least once each shift when belts are operated as part of a production shift, sensors used to detect carbon monoxide or smoke in accordance with §§ 75.350(b), and 75.350(d), and alarms installed in accordance with § 75.350(b) must be visually examined.
</P>
<P>(2) At least once every seven days, alarms for AMS installed in accordance with §§ 75.350(b), and 75.350(d) must be functionally tested for proper operation.
</P>
<P>(3) At intervals not to exceed 31 days—
</P>
<P>(i) Each carbon monoxide sensor installed in accordance with §§ 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) must be calibrated in accordance with the manufacturer's calibration specifications. Calibration must be done with a known concentration of carbon monoxide in air sufficient to activate the alarm;
</P>
<P>(ii) Each smoke sensor installed in accordance with §§ 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) must be functionally tested in accordance with the manufacturer's calibration specifications;
</P>
<P>(iii) Each methane sensor installed in accordance with §§ 75.323(d)(1)(ii) or 75.362(f) must be calibrated in accordance with the manufacturer's calibration specifications. Calibration must be done with a known concentration of methane in air sufficient to activate an alarm.
</P>
<P>(iv) If the alert or alarm signals will be activated during calibration of sensors, the AMS operator must be notified prior to and upon completion of calibration. The AMS operator must notify miners on affected working sections, areas where mechanized mining equipment is being installed or removed, or other areas designated in the approved emergency evacuation and firefighting program of instruction (§ 75.1502) when calibration will activate alarms and when calibration is completed.
</P>
<P>(4) Gases used for the testing and calibration of AMS sensors must be traceable to the National Institute of Standards and Technology reference standard for the specific gas. When these reference standards are not available for a specific gas, calibration gases must be traceable to an analytical standard which is prepared using a method traceable to the National Institute of Standards and Technology. Calibration gases must be within ±2.0 percent of the indicated gas concentration.
</P>
<P>(o) <I>Recordkeeping.</I> (1) When an AMS is used to comply with §§ 75.323(d)(1)(ii), 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or 75.362(f), individuals designated by the operator must make the following records by the end of the shift in which the following event(s) occur:
</P>
<P>(i) If an alert or alarm signal occurs, a record of the date, time, location and type of sensor, and the cause for the activation.
</P>
<P>(ii) If an AMS malfunctions, a record of the date, the extent and cause of the malfunction, and the corrective action taken to return the system to proper operation.
</P>
<P>(iii) A record of the seven-day tests of alert and alarm signals; calibrations; and maintenance of the AMS must be made by the person(s) performing these actions.
</P>
<P>(2) The person entering the record must include their name, date, and signature in the record.
</P>
<P>(3) The records required by this section must be kept either in a secure book that is not susceptible to alteration, or electronically in a computer system that is secure and not susceptible to alteration. These records must be maintained separately from other records and identifiable by a title, such as the ‘AMS log.’
</P>
<P>(p) <I>Retention period.</I> Records must be retained for at least one year at a surface location at the mine and made available for inspection by miners and authorized representatives of the Secretary.
</P>
<P>(q) <I>Training.</I> (1) All AMS operators must be trained annually in the proper operation of the AMS. This training must include the following subjects:
</P>
<P>(i) Familiarity with underground mining systems;
</P>
<P>(ii) Basic atmospheric monitoring system requirements;
</P>
<P>(iii) The mine emergency evacuation and firefighting program of instruction;
</P>
<P>(iv) The mine ventilation system including planned air directions;
</P>
<P>(v) Appropriate response to alert, alarm and malfunction signals;
</P>
<P>(vi) Use of mine communication systems including emergency notification procedures; and
</P>
<P>(vii) AMS recordkeeping requirements.
</P>
<P>(2) At least once every six months, all AMS operators must travel to all working sections.
</P>
<P>(3) A record of the content of training, the person conducting the training, and the date the training was conducted, must be maintained at the mine for at least one year by the mine operator.
</P>
<P>(r) <I>Communications.</I> When an AMS is used to comply with § 75.350(b), a two-way voice communication system required by § 75.1600 must be installed in an entry that is separate from the entry in which the AMS is installed no later than August 2, 2004. The two-way voice communication system may be installed in the entry where the intake sensors required by §§ 75.350(b)(4) or 75.350(d)(1) are installed.
</P>
<CITA TYPE="N">[69 FR 17527, Apr. 2, 2004, as amended at 73 FR 80612, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.352" NODE="30:1.0.1.12.38.4.216.33" TYPE="SECTION">
<HEAD>§ 75.352   Actions in response to AMS malfunction, alert, or alarm signals.</HEAD>
<P>(a) When a malfunction, alert, or alarm signal is received at the designated surface location, the sensor(s) that are activated must be identified and the AMS operator must promptly notify appropriate personnel.
</P>
<P>(b) Upon notification of a malfunction, alert, or alarm signal, appropriate personnel must promptly initiate an investigation to determine the cause of the signal and take the required actions set forth in paragraphs (c), (d), or (e) of this section.
</P>
<P>(c) If any sensor installed in accordance with §§ 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d) indicates an alarm or if any two consecutive sensors indicate alert at the same time, the following procedures must be followed unless the cause of the signal(s) is known not to be a hazard to miners:
</P>
<P>(1) Appropriate personnel must notify miners in affected working sections, in affected areas where mechanized mining equipment is being installed or removed, and at other locations specified in the § 75.1502 approved mine emergency evacuation and firefighting program of instruction; and
</P>
<P>(2) All personnel in the affected areas, unless assigned other duties under § 75.1502, must be withdrawn promptly to a safe location identified in the mine emergency evacuation and firefighting program of instruction.
</P>
<P>(d) If there is an alert or alarm signal from a methane sensor installed in accordance with §§ 75.323(d)(1)(ii) and 75.362(f), an investigation must be initiated to determine the cause of the signal, and the actions required under § 75.323 must be taken.
</P>
<P>(e) If any fire detection components of the AMS malfunction or are inoperative, immediate action must be taken to return the system to proper operation. While the AMS component repairs are being made, operation of the belt may continue if the following conditions are met:
</P>
<P>(1) If one AMS sensor malfunctions or becomes inoperative, a trained person must continuously monitor for carbon monoxide or smoke at the inoperative sensor.
</P>
<P>(2) If two or more adjacent AMS sensors malfunction or become inoperative, a trained person(s) must patrol and continuously monitor for carbon monoxide or smoke so that the affected areas will be traveled each hour in their entirety, or a trained person must be stationed to monitor at each inoperative sensor.
</P>
<P>(3) If the complete AMS malfunctions or becomes inoperative, trained persons must patrol and continuously monitor for carbon monoxide or smoke so that the affected areas will be traveled each hour in their entirety.
</P>
<P>(4) The trained person(s) monitoring under this section must, at a minimum, have two-way voice communication capabilities with the AMS operator at intervals not to exceed 2,000 feet and report contaminant levels to the AMS operator at intervals not to exceed 60 minutes.
</P>
<P>(5) The trained person(s) monitoring under this section must report immediately to the AMS operator any concentration of the contaminant that reaches either the alert or alarm level specified in § 75.351(i), or the alternate alert and alarm levels specified in paragraph (e)(7) of this section, unless the source of the contaminant is known not to present a hazard.
</P>
<P>(6) Detectors used to monitor under this section must have a level of detectability equal to that required of the sensors in § 75.351(l).
</P>
<P>(7) For those AMSs using sensors other than carbon monoxide sensors, an alternate detector and the alert and alarm levels associated with that detector must be specified in the approved mine ventilation plan.
</P>
<P>(f) If the minimum air velocity is not maintained when required under § 75.350(b)(7), immediate action must be taken to return the ventilation system to proper operation. While the ventilation system is being corrected, operation of the belt may continue only while a trained person(s) patrols and continuously monitors for carbon monoxide or smoke as set forth in §§ 75.352(e)(3) through (7), so that the affected areas will be traveled each hour in their entirety.
</P>
<P>(g) The AMS shall automatically provide both a visual and audible signal in the belt entry at the point-feed regulator location, at affected sections, and at the designated surface location when carbon monoxide concentrations reach:
</P>
<P>(1) The alert level at both point-feed intake monitoring sensors; or
</P>
<P>(2) The alarm level at either point-feed intake monitoring sensor.
</P>
<CITA TYPE="N">[69 FR 17529, Apr. 2, 2004, as amended at 73 FR 80613, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.360" NODE="30:1.0.1.12.38.4.216.34" TYPE="SECTION">
<HEAD>§ 75.360   Preshift examination at fixed intervals.</HEAD>
<P>(a)(1) Except as provided in paragraph (a)(2) of this section, a certified person designated by the operator must make a preshift examination within 3 hours preceding the beginning of any 8-hour interval during which any person is scheduled to work or travel underground. No person other than certified examiners may enter or remain in any underground area unless a preshift examination has been completed for the established 8-hour interval. The operator must establish 8-hour intervals of time subject to the required preshift examinations.
</P>
<P>(2) Preshift examinations of areas where pumpers are scheduled to work or travel shall not be required prior to the pumper entering the areas if the pumper is a certified person and the pumper conducts an examination for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (b)(11) of this section, tests for methane and oxygen deficiency, and determines if the air is moving in its proper direction in the area where the pumper works or travels. The examination of the area must be completed before the pumper performs any other work. A record of all hazardous conditions and violations of the mandatory health or safety standards found by the pumper shall be made and retained in accordance with § 75.363 of this part.
</P>
<P>(b) The person conducting the preshift examination shall examine for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (b)(11) of this section, test for methane and oxygen deficiency, and determine if the air is moving in its proper direction at the following locations:
</P>
<P>(1) Roadways, travelways and track haulageways where persons are scheduled, prior to the beginning of the preshift examination, to work or travel during the oncoming shift. 
</P>
<P>(2) Belt conveyors that will be used to transport persons during the oncoming shift and the entries in which these belt conveyors are located. 
</P>
<P>(3) Working sections and areas where mechanized mining equipment is being installed or removed, if anyone is scheduled to work on the section or in the area during the oncoming shift. The scope of the examination shall include the working places, approaches to worked-out areas and ventilation controls on these sections and in these areas, and the examination shall include tests of the roof, face and rib conditions on these sections and in these areas. 
</P>
<P>(4) Approaches to worked-out areas along intake air courses and at the entries used to carry air into worked-out areas if the intake air passing the approaches is used to ventilate working sections where anyone is scheduled to work during the oncoming shift. The examination of the approaches to the worked-out areas shall be made in the intake air course immediately inby and outby each entry used to carry air into the worked-out area. An examination of the entries used to carry air into the worked-out areas shall be conducted at a point immediately inby the intersection of each entry with the intake air course. 
</P>
<P>(5) Seals along intake air courses where intake air passes by a seal to ventilate working sections where anyone is scheduled to work during the oncoming shift. 
</P>
<P>(6)(i) Entries and rooms developed after November 15, 1992, and developed more than 2 crosscuts off an intake air course without permanent ventilation controls where intake air passes through or by these entries or rooms to reach a working section where anyone is scheduled to work during the oncoming shift; and, 
</P>
<P>(ii) Entries and rooms developed after November 15, 1992, and driven more than 20 feet off an intake air course without a crosscut and without permanent ventilation controls where intake air passes through or by these entries or rooms to reach a working section where anyone is scheduled to work during the oncoming shift. 
</P>
<P>(7) Areas where trolley wires or trolley feeder wires are to be or will remain energized during the oncoming shift.
</P>
<P>(8) High spots along intake air courses where methane is likely to accumulate, if equipment will be operated in the area during the shift. 
</P>
<P>(9) Underground electrical installations referred to in § 75.340(a), except those pumps listed in § 75.340 (b)(2) through (b)(6), and areas where compressors subject to § 75.344 are installed if the electrical installation or compressor is or will be energized during the shift. 
</P>
<P>(10) Other areas where work or travel during the oncoming shift is scheduled prior to the beginning of the preshift examination.
</P>
<P>(11) Preshift examinations shall include examinations to identify violations of the standards listed below:
</P>
<P>(i) §§ 75.202(a) and 75.220(a)(1)—roof control;
</P>
<P>(ii) §§ 75.333(h) and 75.370(a)(1)—ventilation, methane;
</P>
<P>(iii) §§ 75.400 and 75.403—accumulations of combustible materials and application of rock dust;
</P>
<P>(iv) § 75.1403—other safeguards, limited to maintenance of travelways along belt conveyors, off track haulage roadways, and track haulage, track switches, and other components for haulage;
</P>
<P>(v) § 75.1722(a)—guarding moving machine parts; and
</P>
<P>(vi) § 75.1731(a)—maintenance of belt conveyor components.
</P>
<P>(c) The person conducting the preshift examination shall determine the volume of air entering each of the following areas if anyone is scheduled to work in the areas during the oncoming shift: 
</P>
<P>(1) In the last open crosscut of each set of entries or rooms on each working section and areas where mechanized mining equipment is being installed or removed. The last open crosscut is the crosscut in the line of pillars containing the permanent stoppings that separate the intake air courses and the return air courses. 
</P>
<P>(2) On each longwall or shortwall in the intake entry or entries at the intake end of the longwall or shortwall face immediately outby the face and the velocity of air at each end of the face at the locations specified in the approved ventilation plan. 
</P>
<P>(3) At the intake end of any pillar line—
</P>
<P>(i) If a single split of air is used, in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined; or 
</P>
<P>(ii) If a split system is used, in the intake entries of each split immediately inby the split point. 
</P>
<P>(d) The person conducting the preshift examination shall check the refuge alternative for damage, the integrity of the tamper-evident seal and the mechanisms required to deploy the refuge alternative, and the ready availability of compressed oxygen and air.
</P>
<P>(e) The district manager may require the operator to examine other areas of the mine or examine for other hazards and violations of other mandatory health or safety standards found during the preshift examination.
</P>
<P>(f) <I>Certification.</I> At each working place examined, the person doing the preshift examination shall certify by initials, date, and the time, that the examination was made. In areas required to be examined outby a working section, the certified person shall certify by initials, date, and the time at enough locations to show that the entire area has been examined. 
</P>
<P>(g) <I>Recordkeeping.</I> A record of the results of each preshift examination, including a record of hazardous conditions and violations of the nine mandatory health or safety standards and their locations found by the examiner during each examination, and of the results and locations of air and methane measurements, shall be made on the surface before any persons, other than certified persons conducting examinations required by this subpart, enter any underground area of the mine. The results of methane tests shall be recorded as the percentage of methane measured by the examiner. The record shall be made by the certified person who made the examination or by a person designated by the operator. If the record is made by someone other than the examiner, the examiner shall verify the record by initials and date by or at the end of the shift for which the examination was made. A record shall also be made by a certified person of the action taken to correct hazardous conditions and violations of mandatory health or safety standards found during the preshift examination. All preshift and corrective action records shall be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The records required by this section shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
</P>
<P>(h) <I>Retention period.</I> Records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 62 FR 35085, June 30, 1997; 64 FR 45170, Aug. 19, 1999; 73 FR 80697, Dec. 31, 2008; 77 FR 20714, Apr. 6, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 75.361" NODE="30:1.0.1.12.38.4.216.35" TYPE="SECTION">
<HEAD>§ 75.361   Supplemental examination.</HEAD>
<P>(a)(1) Except for certified persons conducting examinations required by this subpart, within 3 hours before anyone enters an area in which a preshift examination has not been made for that shift, a certified person shall examine the area for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (a)(2) of this section, determine whether the air is traveling in its proper direction and at its normal volume, and test for methane and oxygen deficiency.
</P>
<P>(2) Supplemental examinations shall include examinations to identify violations of the standards listed below:
</P>
<P>(i) §§ 75.202(a) and 75.220(a)(1)—roof control;
</P>
<P>(ii) §§ 75.333(h) and 75.370(a)(1)—ventilation, methane;
</P>
<P>(iii) §§ 75.400 and 75.403—accumulations of combustible materials and application of rock dust;
</P>
<P>(iv) § 75.1403—other safeguards, limited to maintenance of travelways along belt conveyors, off track haulage roadways, and track haulage, track switches, and other components for haulage;
</P>
<P>(v) § 75.1722(a)—guarding moving machine parts; and
</P>
<P>(vi) § 75.1731(a)—maintenance of belt conveyor components.
</P>
<P>(b) <I>Certification.</I> At each working place examined, the person making the supplemental examination shall certify by initials, date, and the time, that the examination was made. In areas required to be examined outby a working section, the certified person shall certify by initials, date, and the time at enough locations to show that the entire area has been examined. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 77 FR 20714, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 75.362" NODE="30:1.0.1.12.38.4.216.36" TYPE="SECTION">
<HEAD>§ 75.362   On-shift examination.</HEAD>
<P>(a)(1) At least once during each shift, or more often if necessary for safety, a certified person designated by the operator shall conduct an on-shift examination of each section where anyone is assigned to work during the shift and any area where mechanized mining equipment is being installed or removed during the shift. The certified person shall check for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (a)(3) of this section, test for methane and oxygen deficiency, and determine if the air is moving in its proper direction.
</P>
<P>(2) A person designated by the operator shall conduct an examination and record the results and the corrective actions taken to assure compliance with the respirable dust control parameters specified in the approved mine ventilation plan. In those instances when a shift change is accomplished without an interruption in production on a section, the examination shall be made anytime within 1 hour after the shift change. In those instances when there is an interruption in production during the shift change, the examination shall be made before production begins on a section. Deficiencies in dust controls shall be corrected before production begins or resumes. The examination shall include: Air quantities and velocities; water pressures and flow rates; excessive leakage in the water delivery system; water spray numbers and orientations; section ventilation and control device placement; roof bolting machine dust collector vacuum levels; scrubber air flow rate; work practices required by the ventilation plan; and any other dust suppression measures. Measurements of the air velocity and quantity, water pressure and flow rates are not required if continuous monitoring of these controls is used and indicates that the dust controls are functioning properly.
</P>
<P>(3) On-shift examinations shall include examinations to identify violations of the standards listed below:
</P>
<P>(i) §§ 75.202(a) and 75.220(a)(1)—roof control;
</P>
<P>(ii) §§ 75.333(h) and 75.370(a)(1)—ventilation, methane;
</P>
<P>(iii) §§ 75.400 and 75.403—accumulations of combustible materials and application of rock dust;
</P>
<P>(iv) § 75.1403—other safeguards, limited to maintenance of travelways along belt conveyors, off track haulage roadways, and track haulage, track switches, and other components for haulage;
</P>
<P>(v) § 75.1722(a)—guarding moving machine parts; and
</P>
<P>(vi) § 75.1731(a)—maintenance of belt conveyor components.
</P>
<P>(b) During each shift that coal is produced, a certified person shall examine for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (a)(3) of this section along each belt conveyor haulageway where a belt conveyor is operated. This examination may be conducted at the same time as the preshift examination of belt conveyors and belt conveyor haulageways, if the examination is conducted within 3 hours before the oncoming shift.
</P>
<P>(c) Persons conducting the on-shift examination shall determine at the following locations: 
</P>
<P>(1) The volume of air in the last open crosscut of each set of entries or rooms on each section and areas where mechanized mining equipment is being installed or removed. The last open crosscut is the crosscut in the line of pillars containing the permanent stoppings that separate the intake air courses and the return air courses. 
</P>
<P>(2) The volume of air on a longwall or shortwall, including areas where longwall or shortwall equipment is being installed or removed, in the intake entry or entries at the intake end of the longwall or shortwall. 
</P>
<P>(3) The velocity of air at each end of the longwall or shortwall face at the locations specified in the approved ventilation plan. 
</P>
<P>(4) The volume of air at the intake end of any pillar line—
</P>
<P>(i) Where a single split of air is used in the intake entry furthest from the return air course immediately outby the first open crosscut outby the line of pillars being mined; or 
</P>
<P>(ii) Where a split system is used in the intake entries of each split immediately inby the split point. 
</P>
<P>(d) (1) A qualified person shall make tests for methane— 
</P>
<P>(i) At the start of each shift at each working place before electrically operated equipment is energized; and 
</P>
<P>(ii) Immediately before equipment is energized, taken into, or operated in a working place; and 
</P>
<P>(iii) At 20-minute intervals, or more often if required in the approved ventilation plan at specific locations, during the operation of equipment in the working place. 
</P>
<P>(2) Except as provided for in paragraph (d)(3) of this section, these methane tests shall be made at the face from under permanent roof support, using extendable probes or other acceptable means. When longwall or shortwall mining systems are used, these methane tests shall be made at the shearer, the plow, or the cutting head. When mining has been stopped for more than 20 minutes, methane tests shall be conducted prior to the start up of equipment. 
</P>
<P>(3) As an alternative method of compliance with paragraph (d)(2) of this section during roof bolting, methane tests may be made by sweeping an area not less than 16 feet inby the last area of permanently supported roof, using a probe or other acceptable means. This method of testing is conditioned on meeting the following requirements: 
</P>
<P>(i) The roof bolting machine must be equipped with an integral automated temporary roof support (ATRS) system that meets the requirements of 30 CFR 75.209. 
</P>
<P>(ii) The roof bolting machine must have a permanently mounted, MSHA-approved methane monitor which meets the maintenance and calibration requirements of 30 CFR 75.342(a)(4), the warning signal requirements of 30 CFR 75.342(b), and the automatic de-energization requirements of 30 CFR 75.342(c). 
</P>
<P>(iii) The methane monitor sensor must be mounted near the inby end and within 18 inches of the longitudinal center of the ATRS support, and positioned at least 12 inches from the roof when the ATRS is fully deployed. 
</P>
<P>(iv) Manual methane tests must be made at intervals not exceeding 20 minutes. The test may be made either from under permanent roof support or from the roof bolter's work position protected by the deployed ATRS. 
</P>
<P>(v) Once a methane test is made at the face, all subsequent methane tests in the same area of unsupported roof must also be made at the face, from under permanent roof support, using extendable probes or other acceptable means at intervals not exceeding 20 minutes. 
</P>
<P>(vi) The district manager may require that the ventilation plan include the minimum air quantity and the position and placement of ventilation controls to be maintained during roof bolting.
</P>
<P>(e) If auxiliary fans and tubing are used, they shall be inspected frequently. 
</P>
<P>(f) During each shift that coal is produced and at intervals not exceeding 4 hours, tests for methane shall be made by a certified person or by an atmospheric monitoring system (AMS) in each return split of air from each working section between the last working place, or longwall or shortwall face, ventilated by that split of air and the junction of the return air split with another air split, seal, or worked-out area. If auxiliary fans and tubing are used, the tests shall be made at a location outby the auxiliary fan discharge. 
</P>
<P>(g) <I>Certification.</I> (1) The person conducting the on-shift examination in belt haulage entries shall certify by initials, date, and time that the examination was made. The certified person shall certify by initials, date, and the time at enough locations to show that the entire area has been examined. 
</P>
<P>(2) The certified person directing the on-shift examination to assure compliance with the respirable dust control parameters specified in the approved mine ventilation plan shall:
</P>
<P>(i) Certify by initials, date, and time on a board maintained at the section load-out or similar location showing that the examination was made prior to resuming production; and
</P>
<P>(ii) Verify, by initials and date, the record of the results of the examination required under (a)(2) of this section to assure compliance with the respirable dust control parameters specified in the mine ventilation plan. The verification shall be made no later than the end of the shift for which the examination was made.
</P>
<P>(3) The mine foreman or equivalent mine official shall countersign each examination record required under (a)(2) of this section after it is verified by the certified person under (g)(2)(ii) of this section, and no later than the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
</P>
<P>(4) Records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996, as amended at 68 FR 40138, July 7, 2003; 77 FR 20715, Apr. 6, 2012; 79 FR 24987, May 1, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 75.363" NODE="30:1.0.1.12.38.4.216.37" TYPE="SECTION">
<HEAD>§ 75.363   Hazardous conditions and violations of mandatory health or safety standards; posting, correcting, and recording.</HEAD>
<P>(a) Any hazardous condition found by the mine foreman or equivalent mine official, assistant mine foreman or equivalent mine official, or other certified persons designated by the operator for the purposes of conducting examinations under this subpart D, shall be posted with a conspicuous danger sign where anyone entering the areas would pass. A hazardous condition shall be corrected immediately or the area shall remain posted until the hazardous condition is corrected. If the condition creates an imminent danger, everyone except those persons referred to in section 104(c) of the Act shall be withdrawn from the area affected to a safe area until the hazardous condition is corrected. Only persons designated by the operator to correct or evaluate the hazardous condition may enter the posted area. Any violation of a mandatory health or safety standard found during a preshift, supplemental, on-shift, or weekly examination shall be corrected.
</P>
<P>(b) A record shall be made of any hazardous condition and any violation of the nine mandatory health or safety standards found by the mine examiner. This record shall be kept in a book maintained for this purpose on the surface at the mine. The record shall be made by the completion of the shift on which the hazardous condition or violation of the nine mandatory health or safety standards is found and shall include the nature and location of the hazardous condition or violation and the corrective action taken. This record shall not be required for shifts when no hazardous conditions or violations of the nine mandatory health or safety standards are found.
</P>
<P>(c) The record shall be made by the certified person who conducted the examination or a person designated by the operator. If made by a person other than the certified person, the certified person shall verify the record by initials and date by or at the end of the shift for which the examination was made. Records shall be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. 
</P>
<P>(d) <I>Retention period.</I> Records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners. 
</P>
<P>(e) <I>Review of citations and orders.</I> The mine operator shall review with mine examiners on a quarterly basis citations and orders issued in areas where preshift, supplemental, on-shift, and weekly examinations are required.
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996; 61 FR 26442, May 28, 1996; 77 FR 20715, Apr. 6, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 75.364" NODE="30:1.0.1.12.38.4.216.38" TYPE="SECTION">
<HEAD>§ 75.364   Weekly examination.</HEAD>
<P>(a) <I>Worked-out areas.</I> (1) At least every 7 days, a certified person shall examine unsealed worked-out areas where no pillars have been recovered by traveling to the area of deepest penetration; measuring methane and oxygen concentrations and air quantities and making tests to determine if the air is moving in the proper direction in the area. The locations of measurement points where tests and measurements will be performed shall be included in the mine ventilation plan and shall be adequate in number and location to assure ventilation and air quality in the area. Air quantity measurements shall also be made where the air enters and leaves the worked-out area. An alternative method of evaluating the ventilation of the area may be approved in the ventilation plan. 
</P>
<P>(2) At least every 7 days, a certified person shall evaluate the effectiveness of bleeder systems required by § 75.334 as follows: 
</P>
<P>(i) Measurements of methane and oxygen concentrations and air quantity and a test to determine if the air is moving in its proper direction shall be made where air enters the worked-out area. 
</P>
<P>(ii) Measurements of methane and oxygen concentrations and air quantity and a test to determine if the air is moving in the proper direction shall be made immediately before the air enters a return split of air. 
</P>
<P>(iii) At least one entry of each set of bleeder entries used as part of a bleeder system under § 75.334 shall be traveled in its entirety. Measurements of methane and oxygen concentrations and air quantities and a test to determine if the air is moving in the proper direction shall be made at the measurement point locations specified in the mine ventilation plan to determine the effectiveness of the bleeder system. 
</P>
<P>(iv) In lieu of the requirements of paragraphs (a)(2)(i) and (iii) of this section, an alternative method of evaluation may be specified in the ventilation plan provided the alternative method results in proper evaluation of the effectiveness of the bleeder system. 
</P>
<P>(b) <I>Hazardous conditions and violations of mandatory health or safety standards.</I> At least every 7 days, an examination for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (b)(8) of this section shall be made by a certified person designated by the operator at the following locations:
</P>
<P>(1) In at least one entry of each intake air course, in its entirety, so that the entire air course is traveled. 
</P>
<P>(2) In at least one entry of each return air course, in its entirety, so that the entire air course is traveled. 
</P>
<P>(3) In each longwall or shortwall travelway in its entirety, so that the entire travelway is traveled. 
</P>
<P>(4) At each seal along return and bleeder air courses and at each seal along intake air courses not examined under § 75.360(b)(5). 
</P>
<P>(5) In each escapeway so that the entire escapeway is traveled. 
</P>
<P>(6) On each working section not examined under § 75.360(b)(3) during the previous 7 days. 
</P>
<P>(7) At each water pump not examined during a preshift examination conducted during the previous 7 days.
</P>
<P>(8) Weekly examinations shall include examinations to identify violations of the standards listed below:
</P>
<P>(i) §§ 75.202(a) and 75.220(a)(1)—roof control;
</P>
<P>(ii) §§ 75.333(h) and 75.370(a)(1)—ventilation, methane;
</P>
<P>(iii) §§ 75.400 and 75.403—accumulations of combustible materials and application of rock dust; and
</P>
<P>(iv) § 75.1403—maintenance of off track haulage roadways, and track haulage, track switches, and other components for haulage;
</P>
<P>(v) § 75.1722(a)—guarding moving machine parts; and
</P>
<P>(vi) § 75.1731(a)—maintenance of belt conveyor components.
</P>
<P>(c) <I>Measurements and tests.</I> At least every 7 days, a certified person shall—
</P>
<P>(1) Determine the volume of air entering the main intakes and in each intake split; 
</P>
<P>(2) Determine the volume of air and test for methane in the last open crosscut in any pair or set of developing entries or rooms, in the return of each split of air immediately before it enters the main returns, and where the air leaves the main returns; and 
</P>
<P>(3) Test for methane in the return entry nearest each set of seals immediately after the air passes the seals. 
</P>
<P>(d) Hazardous conditions shall be corrected immediately. If the condition creates an imminent danger, everyone except those persons referred to in section 104(c) of the Act shall be withdrawn from the area affected to a safe area until the hazardous condition is corrected. Any violation of the nine mandatory health or safety standards found during a weekly examination shall be corrected.
</P>
<P>(e) The weekly examination may be conducted at the same time as the preshift or on-shift examinations. 
</P>
<P>(f) (1) The weekly examination is not required during any 7 day period in which no one enters any underground area of the mine. 
</P>
<P>(2) Except for certified persons required to make examinations, no one shall enter any underground area of the mine if a weekly examination has not been completed within the previous 7 days. 
</P>
<P>(g) <I>Certification.</I> The person making the weekly examinations shall certify by initials, date, and the time that the examination was made. Certifications and times shall appear at enough locations to show that the entire area has been examined. 
</P>
<P>(h) <I>Recordkeeping.</I> At the completion of any shift during which a portion of a weekly examination is conducted, a record of the results of each weekly examination, including a record of hazardous conditions and violations of the nine mandatory health or safety standards found during each examination and their locations, the corrective action taken, and the results and location of air and methane measurements, shall be made. The results of methane tests shall be recorded as the percentage of methane measured by the examiner. The record shall be made by the person making the examination or a person designated by the operator. If made by a person other than the examiner, the examiner shall verify the record by initials and date by or at the end of the shift for which the examination was made. The record shall be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman's or equivalent mine official's next regularly scheduled working shift. The records required by this section shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
</P>
<P>(i) <I>Retention period.</I> Records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 77 FR 20715, Apr. 6, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 75.370" NODE="30:1.0.1.12.38.4.216.39" TYPE="SECTION">
<HEAD>§ 75.370   Mine ventilation plan; submission and approval.</HEAD>
<P>(a)(1) The operator shall develop and follow a ventilation plan approved by the district manager. The plan shall be designed to control methane and respirable dust and shall be suitable to the conditions and mining system at the mine. The ventilation plan shall consist of two parts, the plan content as prescribed in § 75.371 and the ventilation map with information as prescribed in § 75.372. Only that portion of the map which contains information required under § 75.371 will be subject to approval by the district manager. 
</P>
<P>(2) The proposed ventilation plan and any revision to the plan shall be submitted in writing to the district manager. When revisions to a ventilation plan are proposed, only the revised pages, maps, or sketches of the plan need to be submitted. When required in writing by the district manager, the operator shall submit a fully revised plan by consolidating the plan and all revisions in an orderly manner and by deleting all outdated material. 
</P>
<P>(3) (i) The mine operator shall notify the representative of miners at least 5 days prior to submission of a mine ventilation plan and any revision to a mine ventilation plan. If requested, the mine operator shall provide a copy to the representative of miners at the time of notification. In the event of a situation requiring immediate action on a plan revision, notification of the revision shall be given, and if requested, a copy of the revision shall be provided, to the representative of miners by the operator at the time of submittal; 
</P>
<P>(ii) A copy of the proposed ventilation plan, and a copy of any proposed revision, submitted for approval shall be made available for inspection by the representative of miners; and 
</P>
<P>(iii) A copy of the proposed ventilation plan, and a copy of any proposed revision, submitted for approval shall be posted on the mine bulletin board at the time of submittal. The proposed plan or proposed revision shall remain posted until it is approved, withdrawn or denied. 
</P>
<P>(b) Following receipt of the proposed plan or proposed revision, the representative of miners may submit timely comments to the district manager, in writing, for consideration during the review process. A copy of these comments shall also be provided to the operator by the district manager upon request. 
</P>
<P>(c) (1) The district manager will notify the operator in writing of the approval or denial of approval of a proposed ventilation plan or proposed revision. A copy of this notification will be sent to the representative of miners by the district manager. 
</P>
<P>(2) If the district manager denies approval of a proposed plan or revision, the deficiencies of the plan or revision shall be specified in writing and the operator will be provided an opportunity to discuss the deficiencies with the district manager. 
</P>
<P>(d) No proposed ventilation plan shall be implemented before it is approved by the district manager. Any intentional change to the ventilation system that alters the main air current or any split of the main air current in a manner that could materially affect the safety and health of the miners, or any change to the information required in § 75.371 shall be submitted to and approved by the district manager before implementation. 
</P>
<P>(e) Before implementing an approved ventilation plan or a revision to a ventilation plan, persons affected by the revision shall be instructed by the operator in its provisions. 
</P>
<P>(f) The approved ventilation plan and any revisions shall be—
</P>
<P>(1) Provided upon request to the representative of miners by the operator following notification of approval; 
</P>
<P>(2) Made available for inspection by the representative of miners; and 
</P>
<P>(3) Posted on the mine bulletin board within 1 working day following notification of approval. The approved plan and revisions shall remain posted on the bulletin board for the period that they are in effect. 
</P>
<P>(g) The ventilation plan for each mine shall be reviewed every 6 months by an authorized representative of the Secretary to assure that it is suitable to current conditions in the mine. 


</P>
</DIV8>


<DIV8 N="§ 75.371" NODE="30:1.0.1.12.38.4.216.40" TYPE="SECTION">
<HEAD>§ 75.371   Mine ventilation plan; contents.</HEAD>
<P>The mine ventilation plan shall contain the information described below and any additional provisions required by the district manager: 
</P>
<P>(a) The mine name, company name, mine identification number, and the name of the individual submitting the plan information. 
</P>
<P>(b) Planned main mine fan stoppages, other than those scheduled for testing, maintenance or adjustment, including procedures to be followed during these stoppages and subsequent restarts (see § 75.311(a)) and the type of device to be used for monitoring main mine fan pressure, if other than a pressure recording device (see 75.310(a)(4)). 
</P>
<P>(c) Methods of protecting main mine fans and associated components from the forces of an underground explosion if a 15-foot offset from the nearest side of the mine opening is not provided (see § 75.310(a)(6)); and the methods of protecting main mine fans and intake air openings if combustible material will be within 100 feet of the area surrounding the fan or these openings (see § 75.311(f)). 
</P>
<P>(d) Persons that will be permitted to enter the mine, the work these persons will do while in the mine, and electric power circuits that will be energized when a back-up fan system is used that does not provide the ventilating quantity provided by the main mine fan (see § 75.311(c)). 
</P>
<P>(e) The locations and operating conditions of booster fans installed in anthracite mines (see § 75.302). 
</P>
<P>(f) Section and face ventilation systems used and the minimum quantity of air that will be delivered to the working section for each mechanized mining unit, including drawings illustrating how each system is used, and a description of each different dust suppression system used on equipment, identified by make and model, on each working section, including:
</P>
<P>(1) The number, types, location, orientation, operating pressure, and flow rate of operating water sprays;
</P>
<P>(2) The maximum distance that ventilation control devices will be installed from each working face when mining or installing roof bolts in entries and crosscuts;
</P>
<P>(3) Procedures for maintaining the roof bolting machine dust collection system in approved condition; and
</P>
<P>(4) Recommended best work practices for equipment operators to minimize dust exposure.
</P>
<P>(g) Locations where the air quantities must be greater than 3,000 cubic feet per minute (see § 75.325(a)(1)). 
</P>
<P>(h) In anthracite mines, locations where the air quantities must be greater than 1,500 cubic feet per minute (see § 75.325(e)(1)). 
</P>
<P>(i) Working places and working faces other than those where coal is being cut, mined, drilled for blasting or loaded, where a minimum air quantity will be maintained, and the air quantity at those locations (see § 75.325(a)(1)). 
</P>
<P>(j) The operating volume of machine mounted dust collectors or diffuser fans, if used (see § 75.325(a)(3)), including the type and size of dust collector screen used, and a description of the procedures to maintain dust collectors used on equipment.
</P>
<P>(k) The minimum mean entry air velocity in exhausting face ventilation systems where coal is being cut, mined, drilled for blasting, or loaded, if the velocity will be less than 60 feet per minute. Other working places where coal is not being cut, mined, drilled for blasting or loaded, where at least 60 feet per minute or some other minimum mean entry air velocity will be maintained (see § 75.326). 
</P>
<P>(l) The maximum distance if greater than 10 feet from each working face at which face ventilation control devices will be installed (see § 75.330(b)(2)). The working places other than those where coal is being cut, mined, drilled for blasting or loaded, where face ventilation control devices will be used (see § 75.330(b)(1)(ii). 
</P>
<P>(m) The volume of air required in the last open crosscut or the quantity of air reaching the pillar line if greater than 9,000 cubic feet per minute (see § 75.325(b)). 
</P>
<P>(n) In anthracite mines, the volume of air required in the last open crosscut or the quantity of air reaching the pillar line if greater than 5,000 cubic feet per minute (see § 75.325(e)(2)). 
</P>
<P>(o) Locations where separations of intake and return air courses will be built and maintained to other than the third connecting crosscut outby each working face (see § 75.333(b)(1)). 
</P>
<P>(p) The volume of air required at the intake to the longwall sections, if different than 30,000 cubic feet per minute (see § 75.325(c)). 
</P>
<P>(q) The velocities of air on a longwall or shortwall face, and the locations where the velocities must be measured (see § 75.325(c)(2)). 
</P>
<P>(r) The minimum quantity of air that will be provided during the installation and removal of mechanized mining equipment, the location where this quantity will be provided, and the ventilation controls that will be used (see § 75.325(d), (g), and (i)). 
</P>
<P>(s) The locations and frequency of the methane tests if required more often by § 75.362(d)(1)(iii) (see § 75.362 (d)(1)(iii). 
</P>
<P>(t) The locations where samples for “designated areas” will be collected, including the specific location of each sampling device, and the respirable dust control measures used at the dust generating sources for these locations (see §§ 70.207 and 70.209 of this chapter).
</P>
<P>(u) The methane and dust control systems at underground dumps, crushers, transfer points, and haulageways. 
</P>
<P>(v) Areas in trolley haulage entries where the air velocity will be greater than 250 feet per minute and the velocity in these areas (see § 75.327(b)). 
</P>
<P>(w) Locations where entries will be advanced less than 20 feet from the inby rib without a crosscut being provided where a line brattice will be required. (see § 75.333(g)). 
</P>
<P>(x) A description of the bleeder system to be used, including its design (see § 75.334). 
</P>
<P>(y) The means for determining the effectiveness of bleeder systems (see § 75.334(c)(2)). 
</P>
<P>(z) The locations where measurements of methane and oxygen concentrations and air quantities and tests to determine whether the air is moving in the proper direction will be made to evaluate the ventilation of nonpillared worked-out areas (see § 75.364 (a)(1)) and the effectiveness of bleeder systems (see § 75.364 (a)(2)(iii). Alternative methods of evaluation of the effectiveness of bleeder systems (§ 75.364 (a)(2)(iv)). 
</P>
<P>(aa) The means for adequately maintaining bleeder entries free of obstructions such as roof falls and standing water (see § 75.334(c)(3)). 
</P>
<P>(bb) The location of ventilation devices such as regulators, stoppings and bleeder connectors used to control air movement through worked-out areas (see § 75.334(c)(4)). The location and sequence of construction of proposed seals for each worked-out area. (see § 75.334(e)). 
</P>
<P>(cc) In mines with a demonstrated history of spontaneous combustion: a description of the measures that will be used to detect methane, carbon monoxide, and oxygen concentration during and after pillar recovery and in worked-out areas where no pillars have been recovered (see § 75.334(f)(1); and, the actions which will be taken to protect miners from the hazards associated with spontaneous combustion (see § 75.334(f)(2). If a bleeder system will not be used, the methods that will be used to control spontaneous combustion, accumulations of methane-air mixtures, and other gases, dusts, and fumes in the worked-out area (see § 75.334(f)(3)). 
</P>
<P>(dd) The location of all horizontal degasification holes that are longer than 1,000 feet and the location of all vertical degasification holes. 
</P>
<P>(ee) If methane drainage systems are used, a detailed sketch of each system, including a description of safety precautions used with the systems. 
</P>
<P>(ff) Seal installation requirements provided by § 75.335 and the sampling provisions provided by § 75.336.
</P>
<P>(gg) The alternative location for the additional sensing device if the device will not be installed on the longwall shearing machine (see § 75.342(a)(2)). 
</P>
<P>(hh) The ambient level in parts per million of carbon monoxide, and the method for determining the ambient level, in all areas where carbon monoxide sensors are installed. 
</P>
<P>(ii) The locations (designated areas) where dust measurements would be made in the belt entry when belt air is used to ventilate working sections or areas where mechanized mining equipment is being installed or removed, in accordance with § 75.350(b)(3).
</P>
<P>(jj) The locations and approved velocities at those locations where air velocities in the belt entry are above or below the limits set forth in § 75.350(a)(2) or §§ 75.350(b)(7) and 75.350(b)(8).
</P>
<P>(kk) The locations where air quantities are measured as set forth in § 75.350(b)(6).
</P>
<P>(ll) The locations and use of point-feed regulators, in accordance with §§ 75.350(c) and 75.350(d)(5).
</P>
<P>(mm) The location of any diesel-discriminating sensor, and additional carbon monoxide or smoke sensors installed in the belt air course.
</P>
<P>(nn) The length of the time delay or any other method used to reduce the number of non-fire related alert and alarm signals from carbon monoxide sensors.
</P>
<P>(oo) The reduced alert and alarm settings for carbon monoxide sensors, in accordance with § 75.351(i)(2).
</P>
<P>(pp) The alternate detector and the alert and alarm levels associated with the detector, in accordance with § 75.352(e)(7).
</P>
<P>(qq) The distance that separation between the primary escapeway and the belt or track haulage entries will be maintained if other than to the first connecting crosscut outby the section loading point (see § 75.380(g)). 
</P>
<P>(rr) In anthracite mines, the dimensions of escapeways where the pitch of the coal seam does not permit escapeways to be maintained 4 feet by 5 feet and the locations where these dimensions must be maintained (see § 75.381(c)(4)). 
</P>
<P>(ss) Areas designated by the district manager where measurements of CO and NO<E T="52">2</E> concentrations will be made (see § 70.1900(a)(4)). 
</P>
<P>(tt) Location where the air quantity will be maintained at the section loading point (see § 75.325(f)(2)). 
</P>
<P>(uu) Any additional location(s) required by the district manager where a minimum air quantity must be maintained for an individual unit of diesel-powered equipment. (see § 75.325(f)(5)). 
</P>
<P>(vv) The minimum air quantities that will be provided where multiple units of diesel-powered equipment are operated (see § 75.325(g) (1)-(3) and (i)). 
</P>
<P>(ww) The diesel-powered mining equipment excluded from the calculation under § 75.325(g). (see § 75.325(h)). 
</P>
<P>(xx) Action levels higher than the 50 percent level specified by § 70.1900(c). (see § 75.325(j)). 
</P>
<P>(yy) The locations where the pressure differential cannot be maintained from the primary escapeway to the belt entry.
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 69 FR 17529, Apr. 2, 2004; 72 FR 28817, May 22, 2007; 73 FR 21209, Apr. 18, 2008; 73 FR 80613, Dec. 31, 2008; 79 FR 24987, May 1, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 75.372" NODE="30:1.0.1.12.38.4.216.41" TYPE="SECTION">
<HEAD>§ 75.372   Mine ventilation map.</HEAD>
<P>(a)(1) At intervals not exceeding 12 months, the operator shall submit to the district manager 3 copies of an up-to-date map of the mine drawn to a scale of not less than 100 nor more than 500 feet to the inch. A registered engineer or a registered surveyor shall certify that the map is accurate. 
</P>
<P>(2) In addition to the informational requirements of this section the map may also be used to depict and explain plan contents that are required in § 75.371. Information shown on the map to satisfy the requirements of § 75.371 shall be subject to approval by the district manager. 
</P>
<P>(b) The map shall contain the following information: 
</P>
<P>(1) The mine name, company name, mine identification number, a legend identifying the scale of the map and symbols used, and the name of the individual responsible for the information on the map. 
</P>
<P>(2) All areas of the mine, including sealed and unsealed worked-out areas. 
</P>
<P>(3) All known mine workings that are located in the same coalbed within 1,000 feet of existing or projected workings. These workings may be shown on a mine map with a scale other than that required by paragraph (a) of this section, if the scale does not exceed 2,000 feet to the inch and is specified on the map. 
</P>
<P>(4) The locations of all known mine workings underlying and overlying the mine property and the distance between the mine workings. 
</P>
<P>(5) The locations of all known oil and gas wells and all known drill holes that penetrate the coalbed being mined. 
</P>
<P>(6) The locations of all main mine fans, installed backup fans and motors, and each fan's specifications, including size, type, model number, manufacturer, operating pressure, motor horsepower, and revolutions per minute. 
</P>
<P>(7) The locations of all surface mine openings and the direction and quantity of air at each opening. 
</P>
<P>(8) The elevation at the top and bottom of each shaft and slope, and shaft and slope dimensions, including depth and length. 
</P>
<P>(9) The direction of air flow in all underground areas of the mine. 
</P>
<P>(10) The locations of all active working sections and the four-digit identification number for each mechanized mining unit (MMU). 
</P>
<P>(11) The location of all escapeways and refuge alternatives.
</P>
<P>(12) The locations of all ventilation controls, including permanent stoppings, overcasts, undercasts, regulators, seals, airlock doors, haulageway doors and other doors, except temporary ventilation controls on working sections. 
</P>
<P>(13) The direction and quantity of air—
</P>
<P>(i) Entering and leaving each split; 
</P>
<P>(ii) In the last open crosscut of each set of entries and rooms; and 
</P>
<P>(iii) At the intake end of each pillar line, including any longwall or shortwall. 
</P>
<P>(14) Projections for at least 12 months of anticipated mine development, proposed ventilation controls, proposed bleeder systems, and the anticipated location of intake and return air courses, belt entries, and escapeways. 
</P>
<P>(15) The locations of existing methane drainage systems. 
</P>
<P>(16) The locations and type of all AMS sensors required by subpart D of this part.
</P>
<P>(17) Contour lines that pass through whole number elevations of the coalbed being mined. These lines shall be spaced at 10-foot elevation levels unless a wider spacing is permitted by the district manager. 
</P>
<P>(18) The location of proposed seals for each worked-out area. 
</P>
<P>(19) The entry height, velocity and direction of the air current at or near the midpoint of each belt flight where the height and width of the entry are representative of the belt haulage entry. 
</P>
<P>(20) The location and designation of air courses that have been redesignated from intake to return for the purpose of ventilation of structures, areas or installations that are required by this subpart D to be ventilated to return air courses, and for ventilation of seals. 
</P>
<P>(c) The mine map required by § 75.1200 may be used to satisfy the requirements for the ventilation map, provided that all the information required by this section is contained on the map. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 69 FR 17530, Apr. 2, 2004; 73 FR 80697, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.373" NODE="30:1.0.1.12.38.4.216.42" TYPE="SECTION">
<HEAD>§ 75.373   Reopening mines.</HEAD>
<P>After a mine is abandoned or declared inactive, and before it is reopened, mining operations shall not begin until MSHA has been notified and has completed an inspection. 


</P>
</DIV8>


<DIV8 N="§ 75.380" NODE="30:1.0.1.12.38.4.216.43" TYPE="SECTION">
<HEAD>§ 75.380   Escapeways; bituminous and lignite mines.</HEAD>
<P>(a) Except in situations addressed in § 75.381, § 75.385 and § 75.386, at least two separate and distinct travelable passageways shall be designated as escapeways and shall meet the requirements of this section. 
</P>
<P>(b) (1) Escapeways shall be provided from each working section, and each area where mechanized mining equipment is being installed or removed, continuous to the surface escape drift opening or continuous to the escape shaft or slope facilities to the surface. 
</P>
<P>(2) During equipment installation, these escapeways shall begin at the projected location for the section loading point. During equipment removal, they shall begin at the location of the last loading point. 
</P>
<P>(c) The two separate and distinct escapeways required by this section shall not end at a common shaft, slope, or drift opening, except that multiple compartment shafts or slopes separated by walls constructed of noncombustible material may be used as separate and distinct passageways. 
</P>
<P>(d) Each escapeway shall be—
</P>
<P>(1) Maintained in a safe condition to always assure passage of anyone, including disabled persons; 
</P>
<P>(2) Clearly marked to show the route and direction of travel to the surface; 
</P>
<P>(3) Maintained to at least a height of 5 feet from the mine floor to the mine roof, excluding the thickness of any roof support, except that the escapeways shall be maintained to at least the height of the coalbed, excluding the thickness of any roof support, where the coalbed is less than 5 feet. In areas of mines where escapeways pass through doors, the height may be less than 5 feet, provided that sufficient height is maintained to enable miners, including disabled persons, to escape quickly in an emergency. In areas of mines developed before November 16, 1992, where escapeways pass over or under overcasts or undercasts, the height may be less than 5 feet provided that sufficient height is maintained to enable miners, including disabled persons, to escape quickly in an emergency. When there is a need to determine whether sufficient height is provided, MSHA may require a stretcher test where 4 persons carry a miner through the area in question on a stretcher; 
</P>
<P>(4) Maintained at least 6 feet wide except—
</P>
<P>(i) Where necessary supplemental roof support is installed, the escapeway shall not be less than 4 feet wide; or 
</P>
<P>(ii) Where the route of travel passes through doors or other permanent ventilation controls, the escapeway shall be at least 4 feet wide to enable miners to escape quickly in an emergency, or 
</P>
<P>(iii) Where the alternate escapeway passes through doors or other permanent ventilation controls or where supplemental roof support is required and sufficient width is maintained to enable miners, including disabled persons, to escape quickly in an emergency. When there is a need to determine whether sufficient width is provided, MSHA may require a stretcher test where 4 persons carry a miner through the area in question on a stretcher, or 
</P>
<P>(iv) Where mobile equipment near working sections, and other equipment essential to the ongoing operation of longwall sections, is necessary during normal mining operations, such as material cars containing rock dust or roof control supplies, or is to be used for the evacuation of miners off the section in the event of an emergency. In any instance, escapeways shall be of sufficient width to enable miners, including disabled persons, to escape quickly in an emergency. When there is a need to determine whether sufficient width is provided, MSHA may require a stretcher test where 4 persons carry a miner through the area in question on a stretcher; 
</P>
<P>(5) Located to follow the most direct, safe and practical route to the nearest mine opening suitable for the safe evacuation of miners; and 
</P>
<P>(6) Provided with ladders, stairways, ramps, or similar facilities where the escapeways cross over obstructions. 
</P>
<P>(7) Provided with a continuous, durable directional lifeline or equivalent device that shall be—
</P>
<P>(i) Installed and maintained throughout the entire length of each escapeway as defined in paragraph (b)(1) of this section;
</P>
<P>(ii) Flame-resistant in accordance with the requirements of part 18 of this chapter upon replacement of existing lifelines; but in no case later than June 15, 2009;
</P>
<P>(iii) Marked with a reflective material every 25 feet;
</P>
<P>(iv) Located in such a manner for miners to use effectively to escape;
</P>
<P>(v) Equipped with one directional indicator cone securely attached to the lifeline, signifying the route of escape, placed at intervals not exceeding 100 feet. Cones shall be installed so that the tapered section points inby;
</P>
<P>(vi) Equipped with one sphere securely attached to the lifeline at each intersection where personnel doors are installed in adjacent crosscuts;
</P>
<P>(vii) Equipped with two securely attached cones, installed consecutively with the tapered section pointing inby, to signify an attached branch line is immediately ahead.
</P>
<P>(A) A branch line leading from the lifeline to an SCSR cache will be marked with four cones with the base sections in contact to form two diamond shapes. The cones must be placed within reach of the lifeline.
</P>
<P>(B) A branch line leading from the lifeline to a refuge alternative will be marked with a rigid spiraled coil at least eight inches in length. The spiraled coil must be placed within reach of the lifeline (see Illustration 1 below).
</P>
<img src="/graphics/er31de08.001.gif"/>
<P>(e) Surface openings shall be adequately protected to prevent surface fires, fumes, smoke, and flood water from entering the mine. 
</P>
<P>(f) <I>Primary escapeway.</I> (1) One escapeway that is ventilated with intake air shall be designated as the primary escapeway. The primary escapeway shall have a higher ventilation pressure than the belt entry unless the mine operator submits an alternative in the mine ventilation plan to protect the integrity of the primary escapeway, based on mine specific conditions, which is approved by the district manager.
</P>
<P>(2) Paragraphs (f)(3) through (f)(7) of this section apply as follows: 
</P>
<P>(i) To all areas of a primary escapeway developed on or after November 16, 1992; 
</P>
<P>(ii) Effective as of June 10, 1997, to all areas of a primary escapeway developed between March 30, 1970 and November 16, 1992; and 
</P>
<P>(iii) Effective as of June 10, 1997, to all areas of the primary escapeway developed prior to March 30, 1970 where separation of the belt and trolley haulage entries from the primary escapeway existed prior to November 16, 1992. 
</P>
<P>(3) The following equipment is not permitted in the primary escapeway: 
</P>
<P>(i) Mobile equipment hauling coal except for hauling coal incidental to cleanup or maintenance of the primary escapeway. 
</P>
<P>(ii) Compressors, except—
</P>
<P>(A) Compressors necessary to maintain the escapeway in safe, travelable condition;
</P>
<P>(B) Compressors that are components of equipment such as locomotives and rock dusting machines; and 
</P>
<P>(C) Compressors of less than five horsepower. 
</P>
<P>(iii) Underground transformer stations, battery charging stations, substations, and rectifiers except—
</P>
<P>(A) Where necessary to maintain the escapeway in safe, travelable condition; and 
</P>
<P>(B) Battery charging stations and rectifiers and power centers with transformers that are either dry-type or contain nonflammable liquid, provided they are located on or near a working section and are moved as the section advances or retreats. 
</P>
<P>(iv) Water pumps, except—
</P>
<P>(A) Water pumps necessary to maintain the escapeway in safe, travelable condition; 
</P>
<P>(B) Submersible pumps; 
</P>
<P>(C) Permissible pumps and associated permissible switchgear; 
</P>
<P>(D) Pumps located on or near a working section that are moved as the section advances or retreats; 
</P>
<P>(E) Pumps installed in anthracite mines; and 
</P>
<P>(F) Small portable pumps. 
</P>
<P>(4) Mobile equipment operated in the primary escapeway, except for continuous miners and as provided in paragraphs (f)(5), (f)(6), and (f)(7) of this section, shall be equipped with a fire suppression system installed according to §§ 75.1107-3 through 75.1107-16 that is—
</P>
<P>(i) Manually operated and attended continuously by a person trained in the systems function and use, or 
</P>
<P>(ii) A multipurpose dry chemical type capable of both automatic and manual activation. 
</P>
<P>(5) Personnel carriers and small mobile equipment designed and used only for carrying people and small hand tools may be operated in primary escapeways if—
</P>
<P>(i) The equipment is provided with a multipurpose dry chemical type fire suppression system capable of both automatic and manual activation, and the suppression system is suitable for the intended application and is listed or approved by a nationally recognized independent testing laboratory, or, 
</P>
<P>(ii) Battery powered and provided with two 10 pound multipurpose dry chemical portable fire extinguishers. 
</P>
<P>(6) Notwithstanding the requirements of paragraph (f)(3)(i), mobile equipment not provided with a fire suppression system may operate in the primary escapeway if no one is inby except those persons directly engaged in using or moving the equipment. 
</P>
<P>(7) Notwithstanding the requirements of paragraph (f)(3)(i), mobile equipment designated and used only as emergency vehicles or ambulances, may be operated in the primary escapeway without fire suppression systems. 
</P>
<P>(g) Except where separation of belt and trolley haulage entries from designated escapeways did not exist before November 15, 1992, and except as provided in § 75.350(c), the primary escapeway must be separated from belt and trolley haulage entries for its entire length, to and including the first connecting crosscut outby each loading point except when a greater or lesser distance for this separation is specified and approved in the mine ventilation plan and does not pose a hazard to miners.
</P>
<P>(h) <I>Alternate escapeway.</I> One escapeway shall be designated as the alternate escapeway. The alternate escapeway shall be separated from the primary escapeway for its entire length, except that the alternate and primary escapeways may be ventilated from a common intake air shaft or slope opening. 
</P>
<P>(i) Mechanical escape facilities shall be provided and maintained for— 
</P>
<P>(1) Each shaft that is part of a designated escapeway and is greater than 50 feet in depth; and 
</P>
<P>(2) Each slope from the coal seam to the surface that is part of a designated escapeway and is inclined more than 9 degrees from the horizontal. 
</P>
<P>(j) Within 30 minutes after mine personnel on the surface have been notified of an emergency requiring evacuation, mechanical escape facilities provided under paragraph (i) of this section shall be operational at the bottom of shaft and slope openings that are part of escapeways. 
</P>
<P>(k) Except where automatically activated hoisting equipment is used, the bottom of each shaft or slope opening that is part of a designated escapeway shall be equipped with a means of signaling a surface location where a person is always on duty when anyone is underground. When the signal is activated or the evacuation of persons underground is necessary, the person shall assure that mechanical escape facilities are operational as required by paragraph (j) of this section. 
</P>
<P>(l)(1) Stairways or mechanical escape facilities shall be installed in shafts that are part of the designated escapeways and that are 50 feet or less in depth, except ladders may be used in shafts that are part of the designated escapeways and that are 5 feet or less in depth. 
</P>
<P>(2) Stairways shall be constructed of concrete or metal, set on an angle not to exceed 45 degrees from the horizontal, and equipped on the open side with handrails. In addition, landing platforms that are at least 2 feet by 4 feet shall be installed at intervals not to exceed 20 vertical feet on the stairways and equipped on the open side with handrails. 
</P>
<P>(3) Ladders shall be constructed of metal, anchored securely, and set on an angle not to exceed 60 degrees from the horizontal. 
</P>
<P>(m) A travelway designed to prevent slippage shall be provided in slope and drift openings that are part of designated escapeways, unless mechanical escape facilities are installed. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996; 61 FR 20877, May 8, 1996, as amended at 61 FR 55527, Oct. 25, 1996; 69 FR 17530, Apr. 2, 2004; 71 FR 12269, Mar. 9, 2006; 71 FR 71452, Dec. 8, 2006; 73 FR 80613, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.381" NODE="30:1.0.1.12.38.4.216.44" TYPE="SECTION">
<HEAD>§ 75.381   Escapeways; anthracite mines.</HEAD>
<P>(a) Except as provided in §§ 75.385 and 75.386, at least two separate and distinct travelable passageways shall be designated as escapeways and shall meet the requirements of this section. 
</P>
<P>(b) Escapeways shall be provided from each working section continuous to the surface. 
</P>
<P>(c) Each escapeway shall be—
</P>
<P>(1) Maintained in a safe condition to always assure passage of anyone, including disabled persons; 
</P>
<P>(2) Clearly marked to show the route of travel to the surface; 
</P>
<P>(3) Provided with ladders, stairways, ramps, or similar facilities where the escapeways cross over obstructions; and 
</P>
<P>(4) Maintained at least 4 feet wide by 5 feet high. If the pitch or thickness of the coal seam does not permit these dimensions to be maintained other dimensions may be approved in the ventilation plan. 
</P>
<P>(5) Provided with a continuous, durable directional lifeline or equivalent device that shall be—
</P>
<P>(i) Installed and maintained throughout the entire length of each escapeway as defined in paragraph (b) of this section;
</P>
<P>(ii) Flame-resistant in accordance with the requirements of part 18 of this chapter upon replacement of existing lifelines; but in no case later than June 15, 2009;
</P>
<P>(iii) Marked with a reflective material every 25 feet;
</P>
<P>(iv) Located in such a manner for miners to use effectively to escape;
</P>
<P>(v) Equipped with one directional indicator cone securely attached to the lifeline, signifying the route of escape, placed at intervals not exceeding 100 feet. Cones shall be installed so that the tapered section points inby;
</P>
<P>(vi) Equipped with one sphere securely attached to the lifeline at each intersection where personnel doors are installed in adjacent crosscuts;
</P>
<P>(vii) Equipped with two securely attached cones, installed consecutively with the tapered section pointing inby, to signify an attached branch line is immediately ahead.
</P>
<P>(A) A branch line leading from the lifeline to an SCSR cache will be marked with four cones with the base sections in contact to form two diamond shapes. The cones must be placed within reach of the lifeline.
</P>
<P>(B) A branch line leading from the lifeline to a refuge alternative will be marked with a rigid spiraled coil at least eight inches in length. The spiraled coil must be placed within reach of the lifeline.
</P>
<P>(d) Surface openings shall be adequately protected to prevent surface fires, fumes, smoke, and flood water from entering the mine. 
</P>
<P>(e) <I>Primary escapeway.</I> One escapeway that shall be ventilated with intake air shall be designated as the primary escapeway. The primary escapeway shall have a higher ventilation pressure than the belt entry unless the mine operator submits an alternative in the mine ventilation plan to protect the integrity of the primary escapeway, based on mine specific conditions, which is approved by the district manager.
</P>
<P>(f) <I>Alternate escapeway.</I> One escapeway that shall be designated as the alternate escapeway shall be separated from the primary escapeway for its entire length. 
</P>
<P>(g) Mechanical escape facilities shall be provided—
</P>
<P>(1) For each shaft or slope opening that is part of a primary escapeway; and 
</P>
<P>(2) For slopes that are part of escapeways, unless ladders are installed. 
</P>
<P>(h) Within 30 minutes after mine personnel on the surface have been notified of an emergency requiring evacuation, mechanical escape facilities shall be operational at the bottom of each shaft and slope opening that is part of an escapeway. 
</P>
<P>(i) Except where automatically activated hoisting equipment is used, the bottom of each shaft or slope opening that is part of a primary escapeway shall be equipped with a means of signaling a surface location where a person is always on duty when anyone is underground. When the signal is activated or the evacuation of personnel is necessary, the person on duty shall assure that mechanical escape facilities are operational as required by paragraph (h) of this section. 
</P>
<CITA TYPE="N">[61 FR 9829, Mar. 11, 1996, as amended at 71 FR 12269, Mar. 9, 2006; 71 FR 71452, Dec. 8, 2006; 73 FR 80614, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.382" NODE="30:1.0.1.12.38.4.216.45" TYPE="SECTION">
<HEAD>§ 75.382   Mechanical escape facilities.</HEAD>
<P>(a) Mechanical escape facilities shall be provided with overspeed, overwind, and automatic stop controls. 
</P>
<P>(b) Every mechanical escape facility with a platform, cage, or other device shall be equipped with brakes that can stop the fully loaded platform, cage, or other device. 
</P>
<P>(c) Mechanical escape facilities, including automatic elevators, shall be examined weekly. The weekly examination of this equipment may be conducted at the same time as a daily examination required by § 75.1400-3. 
</P>
<P>(1) The weekly examination shall include an examination of the headgear, connections, links and chains, overspeed and overwind controls, automatic stop controls, and other facilities. 
</P>
<P>(2) At least once each week, the hoist shall be run through one complete cycle of operation to determine that it is operating properly. 
</P>
<P>(d) A person trained to operate the mechanical escape facility always shall be available while anyone is underground to provide the mechanical escape facilities, if required, to the bottom of each shaft and slope opening that is part of an escapeway within 30 minutes after personnel on the surface have been notified of an emergency requiring evacuation. However, no operator is required for automatically operated cages, platforms, or elevators. 
</P>
<P>(e) Mechanical escape facilities shall have rated capacities consistent with the loads handled. 
</P>
<P>(f) Manually-operated mechanical escape facilities shall be equipped with indicators that accurately and reliably show the position of the facility. 
</P>
<P>(g) <I>Certification.</I> The person making the examination as required by paragraph (c) of this section shall certify by initials, date, and the time that the examination was made. Certifications shall be made at or near the facility examined. 


</P>
</DIV8>


<DIV8 N="§ 75.384" NODE="30:1.0.1.12.38.4.216.46" TYPE="SECTION">
<HEAD>§ 75.384   Longwall and shortwall travelways.</HEAD>
<P>(a) If longwall or shortwall mining systems are used and the two designated escapeways required by § 75.380 are located on the headgate side of the longwall or shortwall, a travelway shall be provided on the tailgate side of that longwall or shortwall. The travelway shall be located to follow the most direct and safe practical route to a designated escapeway. 
</P>
<P>(b) The route of travel shall be clearly marked. 
</P>
<P>(c) When a roof fall or other blockage occurs that prevents travel in the travelway—
</P>
<P>(1) Work shall cease on the longwall or shortwall face; 
</P>
<P>(2) Miners shall be withdrawn from face areas to a safe area outby the section loading point; and 
</P>
<P>(3) MSHA shall be notified. 
</P>
<P>(d) Work may resume on the longwall or shortwall face after the procedures set out in §§ 75.215 and 75.222 are implemented. 


</P>
</DIV8>


<DIV8 N="§ 75.385" NODE="30:1.0.1.12.38.4.216.47" TYPE="SECTION">
<HEAD>§ 75.385   Opening new mines.</HEAD>
<P>When new mines are opened, no more than 20 miners at a time shall be allowed in any mine until a connection has been made between the mine openings, and these connections shall be made as soon as possible. 


</P>
</DIV8>


<DIV8 N="§ 75.386" NODE="30:1.0.1.12.38.4.216.48" TYPE="SECTION">
<HEAD>§ 75.386   Final mining of pillars.</HEAD>
<P>When only one mine opening is available due to final mining of pillars, no more than 20 miners at a time shall be allowed in the mine, and the distance between the mine opening and working face shall not exceed 500 feet. 


</P>
</DIV8>


<DIV8 N="§ 75.388" NODE="30:1.0.1.12.38.4.216.49" TYPE="SECTION">
<HEAD>§ 75.388   Boreholes in advance of mining.</HEAD>
<P>(a) Boreholes shall be drilled in each advancing working place when the working place approaches—
</P>
<P>(1) To within 50 feet of any area located in the mine as shown by surveys that are certified by a registered engineer or registered surveyor unless the area has been preshift examined; 
</P>
<P>(2) To within 200 feet of any area located in the mine not shown by surveys that are certified by a registered engineer or registered surveyor unless the area has been preshift examined; or 
</P>
<P>(3) To within 200 feet of any mine workings of an adjacent mine located in the same coalbed unless the mine workings have been preshift examined. 
</P>
<P>(b) Boreholes shall be drilled as follows: 
</P>
<P>(1) Into the working face, parallel to the rib, and within 3 feet of each rib. 
</P>
<P>(2) Into the working face, parallel to the rib, and at intervals across the face not to exceed 8 feet. 
</P>
<P>(3) At least 20 feet in depth in advance of the working face, and always maintained to a distance of 10 feet in advance of the working face. 
</P>
<P>(c) Boreholes shall be drilled in both ribs of advancing working places described in paragraph (a) of this section unless an alternative drilling plan is approved by the District Manager in accordance with paragraph (g) of this section. These boreholes shall be drilled—
</P>
<P>(1) At an angle of 45 degrees to the direction of advance; 
</P>
<P>(2) At least 20 feet in depth; and 
</P>
<P>(3) At intervals not to exceed 8 feet. 
</P>
<P>(d) When a borehole penetrates an area that cannot be examined, and before mining continues, a certified person shall, if possible, determine—
</P>
<P>(1) The direction of airflow in the borehole; 
</P>
<P>(2) The pressure differential between the penetrated area and the mine workings; 
</P>
<P>(3) The concentrations of methane, oxygen, carbon monoxide, and carbon dioxide; and 
</P>
<P>(4) Whether water is impounded within the penetrated area. 
</P>
<P>(e) Unless action is taken to dewater or to ventilate penetrated areas, boreholes shall be plugged with wooden plugs or similar devices when—
</P>
<P>(1) Tests conducted at the boreholes show that the atmosphere in the penetrated area contains more than 1.0 percent methane, less than 19.5 percent oxygen, or harmful concentrations of carbon monoxide, carbon dioxide or other explosive, harmful or noxious gases; 
</P>
<P>(2) Tests for methane, oxygen, carbon monoxide, and carbon dioxide cannot be made because air from mine workings is flowing into the penetrated area; or 
</P>
<P>(3) Water is discharging through the boreholes from the penetrated area into the mine workings. 
</P>
<P>(f) If mining is to be conducted within 50 feet above or below an inaccessible area of another mine, boreholes shall be drilled, as necessary, according to a plan approved by the district manager. 
</P>
<P>(g) Alternative borehole patterns that provide the same protection to miners as the pattern established by paragraphs (b) and (c) of this section may be used under a plan approved by the district manager. 


</P>
</DIV8>


<DIV8 N="§ 75.389" NODE="30:1.0.1.12.38.4.216.50" TYPE="SECTION">
<HEAD>§ 75.389   Mining into inaccessible areas.</HEAD>
<P>(a) (1) The operator shall develop and follow a plan for mining into areas penetrated by boreholes drilled under § 75.388. 
</P>
<P>(2) Mining shall not resume into any area penetrated by boreholes until conditions in the penetrated area can be determined under § 75.388 and the plan for mining-through into the area has been approved by the district manager. 
</P>
<P>(3) A copy of the procedures to be followed shall be posted near the site of the mining-through operations and the operator shall explain these procedures to all miners involved in the operations. 
</P>
<P>(b) The procedures specified in the plan shall include—
</P>
<P>(1) The method of ventilation, ventilation controls, and the air quantities and velocities in the affected working section and working place; 
</P>
<P>(2) Dewatering procedures to be used if a penetrated area contains a water accumulation; and 
</P>
<P>(3) The procedures and precautions to be followed during mining-through operations. 
</P>
<P>(c) Except for routine mining-through operations that are part of a retreat section ventilation system approved in accordance with § 75.371(f) and (x), the following provisions shall apply: 
</P>
<P>(1) Before and during mining-through operations, a certified person shall perform air quality tests at intervals and at locations necessary to protect the safety of the miners. 
</P>
<P>(2) During mining-through operations, only persons involved in these operations shall be permitted in the mine; and 
</P>
<P>(3) After mining-through, a certified person shall determine that the affected areas are safe before any persons enter the underground areas of the mine. 


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.12.38.5" TYPE="SUBPART">
<HEAD>Subpart E—Combustible Materials and Rock Dusting</HEAD>


<DIV8 N="§ 75.400" NODE="30:1.0.1.12.38.5.216.1" TYPE="SECTION">
<HEAD>§ 75.400   Accumulation of combustible materials.</HEAD>
<P>Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up and not be permitted to accumulate in active workings, or on diesel-powered and electric equipment therein. 
</P>
<CITA TYPE="N">[61 FR 55527, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 75.400-1" NODE="30:1.0.1.12.38.5.216.2" TYPE="SECTION">
<HEAD>§ 75.400-1   Definitions.</HEAD>
<P>(a) The term <I>coal dust</I> means particles of coal that can pass a No. 20 sieve. 
</P>
<P>(b) The term <I>float coal dust</I> means the coal dust consisting of particles of coal that can pass a No. 200 sieve. 
</P>
<P>(c) The term <I>loose coal</I> means coal fragments larger in size than coal dust. 


</P>
</DIV8>


<DIV8 N="§ 75.400-2" NODE="30:1.0.1.12.38.5.216.3" TYPE="SECTION">
<HEAD>§ 75.400-2   Cleanup program.</HEAD>
<P>A program for regular cleanup and removal of accumulations of coal and float coal dusts, loose coal, and other combustibles shall be established and maintained. Such program shall be available to the Secretary or authorized representative. 


</P>
</DIV8>


<DIV8 N="§ 75.401" NODE="30:1.0.1.12.38.5.216.4" TYPE="SECTION">
<HEAD>§ 75.401   Abatement of dust; water or water with a wetting agent.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>Where underground mining operations in active workings create or raise excessive amounts of dust, water or water with a wetting agent added to it, or other no less effective methods approved by the Secretary or his authorized representative, shall be used to abate such dust. In working places, particularly in distances less than 40 feet from the face, water, with or without a wetting agent, or other no less effective methods approved by the Secretary or his authorized representative, shall be applied to coal dust on the ribs, roof, and floor to reduce dispersibility and to minimize the explosion hazard. 


</P>
</DIV8>


<DIV8 N="§ 75.401-1" NODE="30:1.0.1.12.38.5.216.5" TYPE="SECTION">
<HEAD>§ 75.401-1   Excessive amounts of dust.</HEAD>
<P>The term “excessive amounts of dust” means coal and float coal dust in the air in such amounts as to create the potential of an explosion hazard. 


</P>
</DIV8>


<DIV8 N="§ 75.402" NODE="30:1.0.1.12.38.5.216.6" TYPE="SECTION">
<HEAD>§ 75.402   Rock dusting.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>All underground areas of a coal mine, except those areas in which the dust is too wet or too high in incombustible content to propagate an explosion, shall be rock dusted to within 40 feet of all working faces, unless such areas are inaccessible or unsafe to enter or unless the Secretary or his authorized representative permits an exception upon his finding that such exception will not pose a hazard to the miners. All crosscuts that are less than 40 feet from a working face shall also be rock dusted. 


</P>
</DIV8>


<DIV8 N="§ 75.402-1" NODE="30:1.0.1.12.38.5.216.7" TYPE="SECTION">
<HEAD>§ 75.402-1   Definition.</HEAD>
<P>The term <I>too wet</I> means that sufficient natural moisture is retained by the dust that when a ball of finely divided material is squeezed in the hands water is exuded. 


</P>
</DIV8>


<DIV8 N="§ 75.402-2" NODE="30:1.0.1.12.38.5.216.8" TYPE="SECTION">
<HEAD>§ 75.402-2   Exceptions.</HEAD>
<P>Exceptions granted under § 75.402 by the Secretary or his authorized representative shall be reviewed periodically. 


</P>
</DIV8>


<DIV8 N="§ 75.403" NODE="30:1.0.1.12.38.5.216.9" TYPE="SECTION">
<HEAD>§ 75.403   Maintenance of incombustible content of rock dust.</HEAD>
<P>Where rock dust is required to be applied, it shall be distributed upon the top, floor, and sides of all underground areas of a coal mine and maintained in such quantities that the incombustible content of the combined coal dust, rock dust, and other dust shall be not less than 80 percent. Where methane is present in any ventilating current, the percent of incombustible content of such combined dust shall be increased 0.4 percent for each 0.1 percent of methane.
</P>
<CITA TYPE="N">[75 FR 57857, Sept. 23, 2010; 76 FR 35978, June 21, 2011]


</CITA>
</DIV8>


<DIV8 N="§ 75.403-1" NODE="30:1.0.1.12.38.5.216.10" TYPE="SECTION">
<HEAD>§ 75.403-1   Incombustible content.</HEAD>
<P>Moisture contained in the combined coal dust, rock dust and other dusts shall be considered as a part of the incombustible content of such mixture. 


</P>
</DIV8>


<DIV8 N="§ 75.404" NODE="30:1.0.1.12.38.5.216.11" TYPE="SECTION">
<HEAD>§ 75.404   Exemption of anthracite mines.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>Sections 75.401, 75.402, and 75.403 shall not apply to underground anthracite mines. 


</P>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.12.38.6" TYPE="SUBPART">
<HEAD>Subpart F—Electrical Equipment—General</HEAD>


<DIV8 N="§ 75.500" NODE="30:1.0.1.12.38.6.216.1" TYPE="SECTION">
<HEAD>§ 75.500   Permissible electric equipment.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>On and after March 30, 1971: 
</P>
<P>(a) All junction or distribution boxes used for making multiple power connections inby the last open crosscut shall be permissible; 
</P>
<P>(b) All handheld electric drills, blower and exhaust fans, electric pumps, and such other low horsepower electric face equipment as the Secretary may designate on or before May 30, 1970, which are taken into or used inby the last open crosscut of any coal mine shall be permissible; 
</P>
<P>(c) All electric face equipment which is taken into or used inby the last open crosscut of any coal mine classified under any provision of law as gassy prior to March 30, 1970, shall be permissible; and 
</P>
<P>(d) All other electric face equipment which is taken into or used inby the last crosscut of any coal mine, except a coal mine referred to in § 75.501, which has not been classified under any provision of law as a gassy mine prior to March 30, 1970, shall be permissible. 


</P>
</DIV8>


<DIV8 N="§ 75.500-1" NODE="30:1.0.1.12.38.6.216.2" TYPE="SECTION">
<HEAD>§ 75.500-1   Other low horsepower electric face equipment.</HEAD>
<P>Other low horsepower electric face equipment designated pursuant to the provisions of § 75.500(b) is all other electric-driven mine equipment, except low horsepower rock dusting equipment, and employs an electric current supplied by either a power conductor or battery and consumes not more than 2,250 watts of electricity and which is taken into or used inby the last open crosscut. 


</P>
</DIV8>


<DIV8 N="§ 75.501" NODE="30:1.0.1.12.38.6.216.3" TYPE="SECTION">
<HEAD>§ 75.501   Permissible electric face equipment; coal seams above water table.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>On and after March 30, 1974, all electric face equipment, other than equipment referred to in paragraph (b) of § 75.500, which is taken into and used inby the last open crosscut of any coal mine which is operated entirely in coal seams located above the water table and which has not been classified under any provision of law as a gassy mine prior to March 30, 1970, and in which one or more openings were made prior to December 30, 1969, shall be permissible. 


</P>
</DIV8>


<DIV8 N="§ 75.501-1" NODE="30:1.0.1.12.38.6.216.4" TYPE="SECTION">
<HEAD>§ 75.501-1   Coal seams above the water table.</HEAD>
<P>As used in § 75.501, the phrase “coal seams above the water table” means coal seams in a mine which are located at an elevation above a river or the tributary of a river into which a local surface water system naturally drains. 


</P>
</DIV8>


<DIV8 N="§ 75.501-2" NODE="30:1.0.1.12.38.6.216.5" TYPE="SECTION">
<HEAD>§ 75.501-2   Permissible electric face equipment.</HEAD>
<P>(a) On and after March 30, 1971, in mines operated entirely in coal seams which are located at elevations above the water table: 
</P>
<P>(1) All junction or distribution boxes used for making multiple power connections inby the last open crosscut shall be permissible; and 
</P>
<P>(2) All handheld electric drills, blower and exhaust fans, electric pumps, and all other electric-driven mine equipment, except low horsepower rock dusting equipment, that employs an electric current supplied by either a power conductor or battery and consumes not more than 2,250 watts of electricity, which is taken into or used inby the last open crosscut shall be permissible. 
</P>
<P>(b) On and after March 30, 1974, in mines operated entirely in coal seams which are located at elevations above the water table, all electric face equipment which is taken into or used inby the last crosscut shall be permissible. 


</P>
</DIV8>


<DIV8 N="§ 75.501-3" NODE="30:1.0.1.12.38.6.216.6" TYPE="SECTION">
<HEAD>§ 75.501-3   New openings; mines above water table and never classed gassy.</HEAD>
<P>(a) Where a new opening(s) is proposed to be developed by shaft, slope, or drift from the surface to, or in, any coalbed and the operator considers such proposed new opening(s) to be a part of a mine coming under section 305(a)(2) of the Act and § 75.501 the operator shall so notify the District Manager for the District in which the mine is located in writing prior to the date any actual development (in coal) through such opening(s) is undertaken. Such notification shall include the following information: 
</P>
<P>(1) Name, address, and identification number of the existing mine. 
</P>
<P>(2) A current map of the existing mine clearly setting out the proposed new opening(s), mining plan and planned interconnection, if any, with existing workings. 
</P>
<P>(3) A statement as to when the operator obtained the right to mine the coal which the proposed new opening(s) will traverse. 
</P>
<P>(4) The name of the coalbeds currently being mined and those which the new opening(s) will traverse. 
</P>
<P>(5) The expected life of the mine. 
</P>
<P>(6) The reason(s) for the proposed new opening(s) (for example, haulage, ventilation, drainage, to avoid bad roof, escapeway). 
</P>
<FP>The District Manager shall require submission of any additional information he considers pertinent. 
</FP>
<P>(b) The District Manager shall make a determination based on all of the information submitted by the operator as to whether the proposed new opening(s) will be considered as a part of the existing mine or as a new mine. The following guidelines and criteria shall be used by the District Manager in making his determination: 
</P>
<P>(1) The effect that the proposed new opening(s) will have on the safety of the men working in the existing mine shall be considered of primary importance. 
</P>
<P>(2) Whether the operator had a right to mine the coal which the proposed new openings will traverse prior to the date of enactment of the Act (December 30, 1969) and whether the original mining plan included mining such coal. 
</P>
<P>(3) Whether, in accordance with the usual mining practices common to the particular district, the proposed new openings would have been considered a new mine or part of the existing mine. A number of factors will be considered including, but not limited to: 
</P>
<P>(i) The relationship between the coalbeds currently being mined, and those proposed to be mined; 
</P>
<P>(ii) The distance between existing openings and the proposed new opening(s); 
</P>
<P>(iii) The projected time elapsing between the start of the new opening(s) and planned interconnection, if any, with the existing mine; and 
</P>
<P>(iv) The projected tonnage of coal which is expected to be mined prior to interconnection where interconnection is planned. 
</P>
<FP>The District Manager shall notify the operator in writing within 30 days of receiving all of the information, required and requested, of his determination. No informal notification shall be given. 
</FP>
<P>(c) All new opening(s) shall be operated as a new mine prior to receiving a written notification from the District Manager that such new opening(s) will be considered part of an existing mine coming under section 305(a)(2) of the Act and § 75.501. 
</P>
<P>(d) Nothing in this § 75.501-3 shall be construed to relieve the operator from compliance with any of the mandatory standards contained in this Part 75. 
</P>
<CITA TYPE="N">[37 FR 8949, May 3, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.502" NODE="30:1.0.1.12.38.6.216.7" TYPE="SECTION">
<HEAD>§ 75.502   Permits for noncompliance.</HEAD>
<P>An operator need not comply with paragraph (d) of § 75.500 or with § 75.501 during the period of time specified in a permit issued by the Interim Compliance Panel established by the Act. 


</P>
</DIV8>


<DIV8 N="§ 75.503" NODE="30:1.0.1.12.38.6.216.8" TYPE="SECTION">
<HEAD>§ 75.503   Permissible electric face equipment; maintenance.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>The operator of each coal mine shall maintain in permissible condition all electric face equipment required by §§ 75.500, 75.501, 75.504 to be permissible which is taken into or used inby the last open crosscut of any such mine. 


</P>
</DIV8>


<DIV8 N="§ 75.503-1" NODE="30:1.0.1.12.38.6.216.9" TYPE="SECTION">
<HEAD>§ 75.503-1   Statement listing all electric face equipment.</HEAD>
<P>Each operator of a coal mine shall complete and file Mine Safety and Health Administration Form No. 6-1496 entitled “Coal Operator's Electrical Survey” and Form 6-1496 Supplemental entitled “Operator's Survey of Electrical Face Equipment.” Forms may be obtained from any MSHA Coal Mine Safety and Health district office. Separate forms shall be filed for each mine. Copies one and two of the completed form shall be filed with the Coal Mine District Manager for the district in which each mine is located on or before May 30, 1970. An operator must list all electric face equipment being used at each mine as of the time of filing, all such equipment being repaired, and all standby electric equipment stored at or in the mine which the operator intends to use as face equipment. 
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 71 FR 16668, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.504" NODE="30:1.0.1.12.38.6.216.10" TYPE="SECTION">
<HEAD>§ 75.504   Permissibility of new, replacement, used, reconditioned, additional, and rebuilt electric face equipment.</HEAD>
<P>On and after March 30, 1971, all new, replacement, used, reconditioned, and additional electric face equipment used in any mine referred to in §§ 75.500, 75.501, and 75.503 shall be permissible and shall be maintained in a permissible condition, and in the event of any major overhaul of any item of electric face equipment in use on or after March 30, 1971, such equipment shall be put in, and thereafter maintained in, a permissible condition, unless in the opinion of the Secretary, such equipment or necessary replacement parts are not available. 
</P>
<CITA TYPE="N">[38 FR 4975, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.505" NODE="30:1.0.1.12.38.6.216.11" TYPE="SECTION">
<HEAD>§ 75.505   Mines classed gassy; use and maintenance of permissible electric face equipment.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>Any coal mine which, prior to March 30, 1970, was classed gassy under any provision of law and was required to use permissible electric face equipment and to maintain such equipment in a permissible condition shall continue to use such equipment and to maintain such equipment in such condition. 


</P>
</DIV8>


<DIV8 N="§ 75.506" NODE="30:1.0.1.12.38.6.216.12" TYPE="SECTION">
<HEAD>§ 75.506   Electric face equipment; requirements for permissibility.</HEAD>
<XREF ID="20260625" REFID="41">Link to an amendment published at 91 FR 38287, June 25, 2026.</XREF>
<P>(a) Electric-driven mine equipment and accessories manufactured on or after March 30, 1973, will be permissible electric face equipment only (1) if they are fabricated, assembled, or built under an approval, or any extension thereof, issued by the Bureau of Mines or the Mine Safety and Health Administration in accordance with schedule 2G, or any subsequent Bureau of Mines schedule promulgated by the Secretary after March 30, 1970, which amends, modifies, or supersedes the permissibility requirements of schedule 2G, and (2) if they are maintained in a permissible condition. 
</P>
<P>(b) Except as provided in paragraph (c) of this § 75.506 electric-driven mine equipment and accessories manufactured prior to March 30, 1973, will be permissible electric face equipment (1) if they were fabricated, assembled, or built under an approval, or any extension thereof, issued by the Bureau of Mines in accordance with the schedules set forth below, and (2) if they are maintained in a permissible condition. 
</P>
<EXTRACT>
<FP-1>Bureau of Mines Schedule 2D, May 23, 1936; 
</FP-1>
<FP-1>Bureau of Mines Schedule 2E, February 15, 1945; 
</FP-1>
<FP-1>Bureau of Mines Schedule 2F, August 3, 1955; and 
</FP-1>
<FP-1>Bureau of Mines Schedule 2G, March 19, 1968.</FP-1></EXTRACT>
<FP>Copies of these schedules are available at all MSHA Coal Mine Safety and Health district offices. 
</FP>
<P>(c) Electric driven mine equipment and accessories bearing the Bureau of Mines approval numbers listed in Appendix A to this subpart are permissible electric face equipment only if they are maintained in a permissible condition. 
</P>
<P>(d) The following equipment will be permissible electric face equipment only if it is approved under the appropriate parts of this chapter, or former Bureau of Mines' approval schedules, and if it is in permissible condition:
</P>
<P>(1) Multiple-Shot Blasting Units, part 7 subpart D;
</P>
<P>(2) Electric Cap Lamps, part 19;
</P>
<P>(3) Electric Mine Lamps Other than Standard Cap Lamps, part 20;
</P>
<P>(4) Flame Safety Lamps;
</P>
<P>(5) Portable Methane Detectors, part 22;
</P>
<P>(6) Telephone and Signaling Devices, part 23;
</P>
<P>(7) Single-Shot Blasting Units;
</P>
<P>(8) Lighting Equipment for Illuminating Underground Workings;
</P>
<P>(9) Methane-Monitoring Systems, part 27; and
</P>
<P>(10) Continuous Duty, Warning Light, Portable Methane Detectors, 30 CFR part 29 contained in the 30 CFR, parts 1-199, edition, revised as of July 1, 1999. 
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 63 FR 47119, Sept. 3, 1998; 64 FR 43283, Aug. 10, 1999; 71 FR 16668, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.506-1" NODE="30:1.0.1.12.38.6.216.13" TYPE="SECTION">
<HEAD>§ 75.506-1   Electric face equipment; permissible condition; maintenance requirements.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, electric face equipment which meets the requirements for permissibility set forth in § 75.506 will be considered to be in permissible condition only if it is maintained so as to meet the requirements for permissibility set forth in the Bureau of Mines schedule under which such electric face equipment was initially approved, or, if the equipment has been modified, it is maintained so as to meet the requirements of the schedule under which such modification was approved. 
</P>
<P>(b) Electric face equipment bearing the Bureau of Mines approval number listed in Appendix A of this subpart will be considered to be in permissible condition only if it is maintained so as to meet the requirements for permissibility set forth in Bureau of Mines Schedule 2D or, if such equipment has been modified, it is maintained so as to meet the requirements of the schedule under which the modification was approved. 
</P>
<P>(c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, where the minimum requirements for permissibility set forth in the appropriate Bureau of Mines schedule under which such equipment or modifications were approved have been superseded by the requirements of this Part 75, the latter requirements shall be applicable. 


</P>
</DIV8>


<DIV8 N="§ 75.507" NODE="30:1.0.1.12.38.6.216.14" TYPE="SECTION">
<HEAD>§ 75.507   Power connection points.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Except where permissible power connection units are used, all power-connection points outby the last open crosscut shall be in intake air. 


</P>
</DIV8>


<DIV8 N="§ 75.507-1" NODE="30:1.0.1.12.38.6.216.15" TYPE="SECTION">
<HEAD>§ 75.507-1   Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements.</HEAD>
<P>(a) All electric equipment, other than power-connection points, used in return air outby the last open crosscut in any coal mine shall be permissible except as provided in paragraphs (b) and (c) of this section. 
</P>
<P>(b) Notwithstanding the provisions of paragraph (a) of this section, in any coal mine where nonpermissible electric face equipment may be taken into or used inby the last open crosscut until March 30, 1974, such nonpermissible electric face equipment may be used in return air outby the last open crosscut. 
</P>
<P>(c) Notwithstanding the provisions of paragraph (a) of this section, in any coal mine where a permit for noncompliance is in effect, nonpermissible electric face equipment specified in such permit for noncompliance may be used in return air outby the last open crosscut for the duration of such permit. 
</P>
<CITA TYPE="N">[38 FR 4975, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.508" NODE="30:1.0.1.12.38.6.216.16" TYPE="SECTION">
<HEAD>§ 75.508   Map of electrical system.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>The location and the electrical rating of all stationary electric apparatus in connection with the mine electric system, including permanent cables, switchgear, rectifying substations, transformers, permanent pumps, and trolley wires and trolley feeder wires, and settings of all direct-current circuit breakers protecting underground trolley circuits, shall be shown on a mine map. Any changes made in a location, electric rating, or setting shall be promptly shown on the map when the change is made. Such map shall be available to an authorized representative of the Secretary and to the miners in such mine. 


</P>
</DIV8>


<DIV8 N="§ 75.508-1" NODE="30:1.0.1.12.38.6.216.17" TYPE="SECTION">
<HEAD>§ 75.508-1   Mine tracks.</HEAD>
<P>When mine track is used as a conductor of a trolley system, the location of such track shall be shown on the map required by § 75.508, with a notation of the number of rails and the size of such track expressed in pounds per yard. 


</P>
</DIV8>


<DIV8 N="§ 75.508-2" NODE="30:1.0.1.12.38.6.216.18" TYPE="SECTION">
<HEAD>§ 75.508-2   Changes in electric system map; recording.</HEAD>
<P>Changes made in the location, electrical rating or setting within the mine electrical system shall be recorded on the map of such system no later than the end of the next workday following completion of such changes. 


</P>
</DIV8>


<DIV8 N="§ 75.509" NODE="30:1.0.1.12.38.6.216.19" TYPE="SECTION">
<HEAD>§ 75.509   Electric power circuit and electric equipment; deenergization.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>All power circuits and electric equipment shall be deenergized before work is done on such circuits and equipment, except when necessary for trouble shooting or testing. 


</P>
</DIV8>


<DIV8 N="§ 75.510" NODE="30:1.0.1.12.38.6.216.20" TYPE="SECTION">
<HEAD>§ 75.510   Energized trolley wires; repair.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Energized trolley wires may be repaired only by a person trained to perform electrical work and to maintain electrical equipment and the operator of a mine shall require that such person wear approved and tested insulated shoes and wireman's gloves. 


</P>
</DIV8>


<DIV8 N="§ 75.510-1" NODE="30:1.0.1.12.38.6.216.21" TYPE="SECTION">
<HEAD>§ 75.510-1   Repair of energized trolley wires; training.</HEAD>
<P>The training referred to in § 75.510 must include training in the repair and maintenance of live trolley wires, and in the hazards involved in making such repairs, and in the limitations of protective clothing used to protect against such hazards. 


</P>
</DIV8>


<DIV8 N="§ 75.511" NODE="30:1.0.1.12.38.6.216.22" TYPE="SECTION">
<HEAD>§ 75.511   Low-, medium-, or high-voltage distribution circuits and equipment; repair.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>No electrical work shall be performed on low-, medium-, or high-voltage distribution circuits or equipment, except by a qualified person or by a person trained to perform electrical work and to maintain electrical equipment under the direct supervision of a qualified person. Disconnecting devices shall be locked out and suitably tagged by the persons who perform such work, except that in cases where locking out is not possible, such devices shall be opened and suitably tagged by such persons. Locks or tags shall be removed only by the persons who installed them or, if such persons are unavailable, by persons authorized by the operator or his agent. 


</P>
</DIV8>


<DIV8 N="§ 75.511-1" NODE="30:1.0.1.12.38.6.216.23" TYPE="SECTION">
<HEAD>§ 75.511-1   Qualified person.</HEAD>
<P>To be a qualified person within the meaning of § 75.511, an individual must meet the requirements of § 75.153. 


</P>
</DIV8>


<DIV8 N="§ 75.512" NODE="30:1.0.1.12.38.6.216.24" TYPE="SECTION">
<HEAD>§ 75.512   Electric equipment; examination, testing and maintenance.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>All electric equipment shall be frequently examined, tested, and properly maintained by a qualified person to assure safe operating conditions. When a potentially dangerous condition is found on electric equipment, such equipment shall be removed from service until such condition is corrected. A record of such examinations shall be kept and made available to an authorized representative of the Secretary and to the miners in such mine.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.512-1" NODE="30:1.0.1.12.38.6.216.25" TYPE="SECTION">
<HEAD>§ 75.512-1   Qualified person.</HEAD>
<P>To be a qualified person within the meaning of § 75.512, an individual must meet the requirements of § 75.153. 


</P>
</DIV8>


<DIV8 N="§ 75.512-2" NODE="30:1.0.1.12.38.6.216.26" TYPE="SECTION">
<HEAD>§ 75.512-2   Frequency of examinations.</HEAD>
<P>The examinations and tests required by § 75.512 shall be made at least weekly. Permissible equipment shall be examined to see that it is in permissible condition. 


</P>
</DIV8>


<DIV8 N="§ 75.513" NODE="30:1.0.1.12.38.6.216.27" TYPE="SECTION">
<HEAD>§ 75.513   Electric conductor; capacity and insulation.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>All electric conductors shall be sufficient in size and have adequate current carrying capacity and be of such construction that a rise in temperature resulting from normal operation will not damage the insulating materials. 


</P>
</DIV8>


<DIV8 N="§ 75.513-1" NODE="30:1.0.1.12.38.6.216.28" TYPE="SECTION">
<HEAD>§ 75.513-1   Electric conductor; size.</HEAD>
<P>An electric conductor is not of sufficient size to have adequate carrying capacity if it is smaller than is provided for in the National Electric Code, 1968. In addition, equipment and trailing cables that are required to be permissible must meet the requirements of the appropriate schedules of the Bureau of Mines. 


</P>
</DIV8>


<DIV8 N="§ 75.514" NODE="30:1.0.1.12.38.6.216.29" TYPE="SECTION">
<HEAD>§ 75.514   Electrical connections or splices; suitability.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>All electrical connections or splices in conductors shall be mechanically and electrically efficient, and suitable connectors shall be used. All electrical connections or splices in insulated wire shall be reinsulated at least to the same degree of protection as the remainder of the wire. 


</P>
</DIV8>


<DIV8 N="§ 75.515" NODE="30:1.0.1.12.38.6.216.30" TYPE="SECTION">
<HEAD>§ 75.515   Cable fittings; suitability.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>Cables shall enter metal frames of motors, splice boxes, and electric compartments only through proper fittings. When insulated wires other than cables pass through metal frames, the holes shall be substantially bushed with insulated bushings. 


</P>
</DIV8>


<DIV8 N="§ 75.516" NODE="30:1.0.1.12.38.6.216.31" TYPE="SECTION">
<HEAD>§ 75.516   Power wires; support.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>All power wires (except trailing cables on mobile equipment, specially designed cables conducting high-voltage power to underground rectifying equipment or transformers, or bare or insulated ground and return wires) shall be supported on well-insulated insulators and shall not contact combustible material, roof, or ribs. 


</P>
</DIV8>


<DIV8 N="§ 75.516-1" NODE="30:1.0.1.12.38.6.216.32" TYPE="SECTION">
<HEAD>§ 75.516-1   Installed insulators.</HEAD>
<P>Well-insulated insulators is interpreted to mean well-installed insulators. Insulated J-hooks may be used to suspend insulated power cables for temporary installation not exceeding 6 months and for permanent installation of control cables such as may be used along belt conveyors. 


</P>
</DIV8>


<DIV8 N="§ 75.516-2" NODE="30:1.0.1.12.38.6.216.33" TYPE="SECTION">
<HEAD>§ 75.516-2   Communication wires and cables; installation; insulation; support.</HEAD>
<P>(a) All communication wires shall be supported on insulated hangers or insulated J-hooks. 
</P>
<P>(b) All communication cables shall be insulated as required by § 75.517-1, and shall either be supported on insulated or uninsulated hangers or J-hooks, or securely attached to messenger wires, or buried, or otherwise protected against mechanical damage in a manner approved by the Secretary or his authorized representative. 
</P>
<P>(c) All communication wires and cables installed in track entries shall, except when a communication cable is buried in accordance with paragraph (b) of this section, be installed on the side of the entry opposite to trolley wires and trolley feeder wires. Additional insulation shall be provided for communication circuits at points where they pass over or under any power conductor. 
</P>
<P>(d) For purposes of this section, communication cable means two or more insulated conductors covered by an additional abrasion-resistant covering. 
</P>
<CITA TYPE="N">[38 FR 4975, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.517" NODE="30:1.0.1.12.38.6.216.34" TYPE="SECTION">
<HEAD>§ 75.517   Power wires and cables; insulation and protection.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Power wires and cables, except trolley wires, trolley feeder wires, and bare signal wires, shall be insulated adequately and fully protected. 


</P>
</DIV8>


<DIV8 N="§ 75.517-1" NODE="30:1.0.1.12.38.6.216.35" TYPE="SECTION">
<HEAD>§ 75.517-1   Power wires and cables; insulation and protection.</HEAD>
<P>Power wires and cables installed on or after March 30, 1970, shall have insulation with a dielectric strength at least equal to the voltage of the circuit. 


</P>
</DIV8>


<DIV8 N="§ 75.517-2" NODE="30:1.0.1.12.38.6.216.36" TYPE="SECTION">
<HEAD>§ 75.517-2   Plans for insulation of existing bare power wires and cables.</HEAD>
<P>(a) On or before December 31, 1970, plans for the insulation of existing bare power wires and cables installed prior to March 30, 1970, shall be filed with the District Manager of the Coal Mine Safety District in which the mine is located to permit approval and prompt implementation of such plans. 
</P>
<P>(b) The appropriate District Manager shall notify the operator in writing of the approval of a proposed insulation plan. If revisions are required for approval, the changes required will be specified. 
</P>
<P>(c) An insulation plan shall include the following information: 
</P>
<P>(1) Name and address of the company, the mine and the responsible officials; 
</P>
<P>(2) Map or diagram indicating location of power wires and cables required to be insulated; 
</P>
<P>(3) Total length of bare power wires and cables required to be insulated; 
</P>
<P>(4) Schedule for the replacement or insulation of bare power wires and cables; 
</P>
<P>(5) Type of insulation to be used and the voltage rating as indicated by the manufacturer. 
</P>
<P>(d) The District Manager shall be guided by the following criteria in approving insulation plans on a mine-by-mine basis. Insulation not conforming to these criteria may be approved provided the operator can satisfy the Mine Safety and Health Administration that the insulation will provide no less than the same measure of protection. 
</P>
<P>(1) Insulation shall be adequate for the applied voltage of the circuit. 
</P>
<P>(2) When tubing is used to insulate existing power wires and cables, it shall have a dielectric strength at least equal to the voltage of the circuit. When the tubing is split for purposes of installation, the joints shall be effectively sealed. The butt ends may be sealed with a moisture resistant insulating tape. 
</P>
<P>(3) When tape is used to insulate existing power wires and cables, it shall be applied half-lapped and one thickness of the tape shall have a dielectric strength at least equal to the voltage of the circuit. The tape shall be self-adhesive and moisture resistant. 


</P>
</DIV8>


<DIV8 N="§ 75.518" NODE="30:1.0.1.12.38.6.216.37" TYPE="SECTION">
<HEAD>§ 75.518   Electric equipment and circuits; overload and short circuit protection.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>Automatic circuit-breaking devices or fuses of the correct type and capacity shall be installed so as to protect all electric equipment and circuits against short circuit and overloads. Three-phase motors on all electric equipment shall be provided with overload protection that will deenergize all three phases in the event that any phase is overloaded. 


</P>
</DIV8>


<DIV8 N="§ 75.518-1" NODE="30:1.0.1.12.38.6.216.38" TYPE="SECTION">
<HEAD>§ 75.518-1   Electric equipment and circuits; overload and short circuit protection; minimum requirements.</HEAD>
<P>A device to provide either short circuit protection or protection against overload which does not conform to the provisions of the National Electric Code, 1968, does not meet the requirement of § 75.518. In addition, such devices on electric face equipment and trailing cables that are required to be permissible must meet the requirements of the applicable schedules of the Bureau of Mines. 


</P>
</DIV8>


<DIV8 N="§ 75.518-2" NODE="30:1.0.1.12.38.6.216.39" TYPE="SECTION">
<HEAD>§ 75.518-2   Incandescent lamps, overload and short circuit protection.</HEAD>
<P>Incandescent lamps installed along haulageways and at other locations, not contacting combustible material, and powered from trolley or direct current feeder circuits, need not be provided with separate short circuit or overload protection, if the lamp is not more than 8 feet in distance from such circuits. 


</P>
</DIV8>


<DIV8 N="§ 75.519" NODE="30:1.0.1.12.38.6.216.40" TYPE="SECTION">
<HEAD>§ 75.519   Main power circuits; disconnecting switches.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>In all main power circuits, disconnecting switches shall be installed underground within 500 feet of the bottoms of shafts and boreholes through which main power circuits enter the underground area of the mine and within 500 feet of all other places where main power circuits enter the underground area of the mine. 


</P>
</DIV8>


<DIV8 N="§ 75.519-1" NODE="30:1.0.1.12.38.6.216.41" TYPE="SECTION">
<HEAD>§ 75.519-1   Main power circuits; disconnecting switches; locations.</HEAD>
<P>Section 75.519 requires (a) that a disconnecting switch be installed on the surface at a point within 500 feet of the place where the main power circuit enters the underground area of a mine, and (b) that, in an instance on which a main power circuit enters the underground area through a shaft or borehole, a disconnecting switch be installed underground within 500 feet of the bottom of the shaft or borehole. 


</P>
</DIV8>


<DIV8 N="§ 75.520" NODE="30:1.0.1.12.38.6.216.42" TYPE="SECTION">
<HEAD>§ 75.520   Electric equipment; switches.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>All electric equipment shall be provided with switches or other controls that are safely designed, constructed, and installed. 


</P>
</DIV8>


<DIV8 N="§ 75.521" NODE="30:1.0.1.12.38.6.216.43" TYPE="SECTION">
<HEAD>§ 75.521   Lightning arresters; ungrounded and exposed power conductors and telephone wires.</HEAD>
<P>Each ungrounded, exposed power conductor and each ungrounded, exposed telephone wire that leads underground shall be equipped with suitable lightning arresters of approved type within 100 feet of the point where the circuit enters the mine. Lightning arresters shall be connected to a low resistance grounding medium on the surface which shall be separated from neutral grounds by a distance of not less than 25 feet. 
</P>
<CITA TYPE="N">[38 FR 4975, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.522" NODE="30:1.0.1.12.38.6.216.44" TYPE="SECTION">
<HEAD>§ 75.522   Lighting devices.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>No device for the purpose of lighting any coal mine which has not been approved by the Secretary or his authorized representative shall be permitted in such mine. 


</P>
</DIV8>


<DIV8 N="§ 75.522-1" NODE="30:1.0.1.12.38.6.216.45" TYPE="SECTION">
<HEAD>§ 75.522-1   Incandescent and fluorescent lamps.</HEAD>
<P>(a) Except for areas of a coal mine inby the last open crosscut, incandescent lamps may be used to illuminate underground areas. When incandescent lamps are used in a track entry or belt entry or near track entries to illuminate special areas other than structures, the lamps shall be installed in weather-proof sockets located in positions such that the lamps will not come in contact with any combustible material. Lamps used in all other places must be of substantial construction and be fitted with a glass enclosure. 
</P>
<P>(b) Incandescent lamps within glass enclosures or fluorescent lamps may be used inside underground structures (except magazines used for the storage of explosives and detonators). In underground structures lighting circuits shall consist of cables installed on insulators or insulated wires installed in metallic conduit or metallic armor. 


</P>
</DIV8>


<DIV8 N="§ 75.523" NODE="30:1.0.1.12.38.6.216.46" TYPE="SECTION">
<HEAD>§ 75.523   Electric face equipment; deenergization.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>An authorized representative of the Secretary may require in any mine that electric face equipment be provided with devices that will permit the equipment to be deenergized quickly in the event of an emergency. 


</P>
</DIV8>


<DIV8 N="§ 75.523-1" NODE="30:1.0.1.12.38.6.216.47" TYPE="SECTION">
<HEAD>§ 75.523-1   Deenergization of self-propelled electric face equipment installation requirements.</HEAD>
<P>(a) Except as provided in paragraphs (b) and (c) of this section, all self-propelled electric face equipment which is used in the active workings of each underground coal mine on and after March 1, 1973, shall, in accordance with the schedule of time specified in paragraphs (a) (1) and (2) of this section, be provided with a device that will quickly deenergize the tramming motors of the equipment in the event of an emergency. The requirements of this paragraph (a) shall be met as follows: 
</P>
<P>(1) On and after December 15, 1974, for self-propelled cutting machines, shuttle cars, battery-powered machines, and roof drills and bolters; 
</P>
<P>(2) On and after February 15, 1975, for all other types of self-propelled electric face equipment. 
</P>
<P>(b) Self-propelled electric face equipment that is equipped with a substantially constructed cab which meets the requirements of this part, shall not be required to be provided with a device that will quickly deenergize the tramming motors of the equipment in the event of an emergency. 
</P>
<P>(c) An operator may apply to the Director of Technical Support, Mine Safety and Health Administration, Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; for approval of the installation of devices to be used in lieu of devices that will quickly deenergize the tramming motors of self-propelled electric face equipment in the event of an emergency. The Director of Technical Support may approve such devices if he determines that the performance thereof will be no less effective than the performance requirements specified in § 75.523-2. 
</P>
<CITA TYPE="N">[38 FR 3407, Feb. 6, 1973, as amended at 39 FR 27557, July 30, 1974; 43 FR 12320, Mar. 24, 1978; 47 FR 28096, June 29, 1982; 67 FR 38386, June 4, 2002; 80 FR 52992, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 75.523-2" NODE="30:1.0.1.12.38.6.216.48" TYPE="SECTION">
<HEAD>§ 75.523-2   Deenergization of self-propelled electric face equipment; performance requirements.</HEAD>
<P>(a) Deenergization of the tramming motors of self-propelled electric face equipment, required by paragraph (a) of § 75.523-1, shall be provided by: 
</P>
<P>(1) Mechanical actuation of an existing pushbutton emergency stopswitch, 
</P>
<P>(2) Mechanical actuation of an existing lever emergency stopswitch, or 
</P>
<P>(3) The addition of a separate electromechanical switch assembly. 
</P>
<P>(b) The existing emergency stopswitch or additional switch assembly shall be actuated by a bar or lever which shall extend a sufficient distance in each direction to permit quick deenergization of the tramming motors of self-propelled electric face equipment from all locations from which the equipment can be operated. 
</P>
<P>(c) Movement of not more than 2 inches of the actuating bar or lever resulting from the application of not more than 15 pounds of force upon contact with any portion of the equipment operator's body at any point along the length of the actuating bar or lever shall cause deenergization of the tramming motors of the self-propelled electric face equipment. 
</P>
<CITA TYPE="N">[38 FR 3406, Feb. 6, 1973; 38 FR 4394, Feb. 14, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.523-3" NODE="30:1.0.1.12.38.6.216.49" TYPE="SECTION">
<HEAD>§ 75.523-3   Automatic emergency-parking brakes.</HEAD>
<P>(a) Except for personnel carriers, rubber-tired, self-propelled electric haulage equipment used in the active workings of underground coal mines shall be equipped with automatic emergency-parking brakes in accordance with the following schedule.
</P>
<P>(1) On and after May 23, 1989—
</P>
<P>(i) All new equipment ordered; and
</P>
<P>(ii) All equipment originally furnished with or retrofitted with automatic emergency-parking brakes which meet the requirements of this section.
</P>
<P>(2) On and after May 23, 1991, all other equipment.
</P>
<P>(b) Automatic emergency-parking brakes shall—
</P>
<P>(1) Be activated immediately by the emergency deenergization device required by 30 CFR 75.523-1 and 75.523-2;
</P>
<P>(2) Engage automatically within 5.0 seconds when the equipment is deenergized;
</P>
<P>(3) Safely bring the equipment when fully loaded to a complete stop on the maximum grade on which it is operated;
</P>
<P>(4) Hold the equipment stationary despite any contraction of brake parts, exhaustion of any non-mechanical source of energy, or leakage; and
</P>
<P>(5) Release only by a manual control that does not operate any other equipment function.
</P>
<P>(c) Automatic emergency-parking brakes shall include a means in the equipment operator's compartment to—
</P>
<P>(1) Apply the brakes manually without deenergizing the equipment; and
</P>
<P>(2) Release and reengage the brakes without energizing the equipment.
</P>
<P>(d) On and after November 24, 1989, rubber-tired, self-propelled electric face equipment not covered by paragraph (a) of this section shall be equipped with a means incorporated on the equipment and operable from each tramming station to hold the equipment stationary—
</P>
<P>(1) On the maximum grade on which it is operated; and
</P>
<P>(2) Despite any contraction of components, exhaustion of any non-mechanical source of energy, or leakage.
</P>
<P>(e) The brake systems required by paragraphs (a) or (d) of this section shall be applied when the equipment operator is not at the controls of the equipment, except during movement of disabled equipment.
</P>
<CITA TYPE="N">[54 FR 12412, Mar. 24, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 75.524" NODE="30:1.0.1.12.38.6.216.50" TYPE="SECTION">
<HEAD>§ 75.524   Electric face equipment; electric equipment used in return air outby the last open crosscut; maximum level of alternating or direct electric current between frames of equipment.</HEAD>
<P>The maximum level of alternating or direct electric current that exists between the frames of any two units of electric face equipment that come in contact with each other in the working places of a coal mine, or between the frames of any two units of electric equipment that come in contact with each other in return air outby the last open crosscut, shall not exceed one ampere as determined from the voltage measured across a 0.1 ohm resistor connected between the frames of such equipment. 
</P>
<CITA TYPE="N">[38 FR 29998, Oct. 31, 1973] 


</CITA>
</DIV8>


<DIV9 N="Appendix A" NODE="30:1.0.1.12.38.6.216.51.11" TYPE="APPENDIX">
<HEAD>Appendix A to Subpart F of Part 75—List of Permissible Electric Face Equipment Approved by the Bureau of Mines Prior to May 23, 1936
</HEAD>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_description">Motor-Driven Mine Equipment
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Approval No.
</TH><TH class="gpotbl_colhed" scope="col">Date
</TH></TR><TR><TD align="center" class="gpotbl_cell" scope="row"><E T="04">Air Compressors</E>
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">128</TD><TD align="left" class="gpotbl_cell">March 21, 1927.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">128A</TD><TD align="left" class="gpotbl_cell">July 16, 1926.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="04">Coal Drills and Drilling Machines</E>
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Hand Drills</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">109</TD><TD align="left" class="gpotbl_cell">September 19, 1922.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">154</TD><TD align="left" class="gpotbl_cell">August 1, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">184</TD><TD align="left" class="gpotbl_cell">February 7, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">227</TD><TD align="left" class="gpotbl_cell">July 29, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">254</TD><TD align="left" class="gpotbl_cell">July 15, 1933.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Post Drills</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">119</TD><TD align="left" class="gpotbl_cell">April 15, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">119A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">225</TD><TD align="left" class="gpotbl_cell">July 10, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">225A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">228</TD><TD align="left" class="gpotbl_cell">August 12, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">228A</TD><TD align="left" class="gpotbl_cell">February 17, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">230</TD><TD align="left" class="gpotbl_cell">August 20, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">230A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">237</TD><TD align="left" class="gpotbl_cell">December 1, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">237A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Drilling Machines</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">147</TD><TD align="left" class="gpotbl_cell">February 8, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">147A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">176</TD><TD align="left" class="gpotbl_cell">September 9, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">176A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="04">Loading and Conveying Equipment</E>
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="04">loading machines</E>
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Unmounted Type</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">122</TD><TD align="left" class="gpotbl_cell">January 8, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">122A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Caterpillar-Mounted Type</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">150</TD><TD align="left" class="gpotbl_cell">May 11, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">186</TD><TD align="left" class="gpotbl_cell">March 15, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">222</TD><TD align="left" class="gpotbl_cell">May 8, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">222A</TD><TD align="left" class="gpotbl_cell">July 28, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">229</TD><TD align="left" class="gpotbl_cell">August 17, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">229A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">235</TD><TD align="left" class="gpotbl_cell">November 27, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">235A</TD><TD align="left" class="gpotbl_cell">October 29, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">278</TD><TD align="left" class="gpotbl_cell">January 17, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">278A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">283A</TD><TD align="left" class="gpotbl_cell">March 12, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">284A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">285A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">294</TD><TD align="left" class="gpotbl_cell">September 18, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300A</TD><TD align="left" class="gpotbl_cell">May 6, 1936.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">127</TD><TD align="left" class="gpotbl_cell">July 16, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">127A</TD><TD align="left" class="gpotbl_cell">September 23, 1927.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Track-Mounted Type</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">194</TD><TD align="left" class="gpotbl_cell">June 6, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">194A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">217</TD><TD align="left" class="gpotbl_cell">February 27, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">217A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">276</TD><TD align="left" class="gpotbl_cell">January 11, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">277</TD><TD align="left" class="gpotbl_cell">January 17, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">282A</TD><TD align="left" class="gpotbl_cell">March 12, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">291A</TD><TD align="left" class="gpotbl_cell">July 3, 1935.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Pit-Car Loaders</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">167</TD><TD align="left" class="gpotbl_cell">March 27, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">167A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">175</TD><TD align="left" class="gpotbl_cell">July 26, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">175A</TD><TD align="left" class="gpotbl_cell">June 24, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="left" class="gpotbl_cell">December 10, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">252A</TD><TD align="left" class="gpotbl_cell">February 20, 1933.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="04">Conveyors</E>
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Belt Type</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">236</TD><TD align="left" class="gpotbl_cell">November 19, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">287A</TD><TD align="left" class="gpotbl_cell">March 12, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">296A</TD><TD align="left" class="gpotbl_cell">January 6, 1936.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Chain Type</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">151</TD><TD align="left" class="gpotbl_cell">May 19, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">209</TD><TD align="left" class="gpotbl_cell">December 2, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">240</TD><TD align="left" class="gpotbl_cell">March 12, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">240A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">298A</TD><TD align="left" class="gpotbl_cell">March 3, 1936.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Power Units for Conveyors</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">265</TD><TD align="left" class="gpotbl_cell">February 12, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">265A</TD><TD align="left" class="gpotbl_cell">March 19, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">390A</TD><TD align="left" class="gpotbl_cell">March 23, 1934.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Shaker Type</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">247</TD><TD align="left" class="gpotbl_cell">October 21, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">257A</TD><TD align="left" class="gpotbl_cell">August 11, 1933.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">262A</TD><TD align="left" class="gpotbl_cell">December 8, 1933.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">271</TD><TD align="left" class="gpotbl_cell">May 20, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">271A</TD><TD align="left" class="gpotbl_cell">October 17, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">274A</TD><TD align="left" class="gpotbl_cell">December 13, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">286A</TD><TD align="left" class="gpotbl_cell">March 12, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">295</TD><TD align="left" class="gpotbl_cell">September 20, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">299A</TD><TD align="left" class="gpotbl_cell">April 9, 1936.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Scraper-type Loaders</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">138</TD><TD align="left" class="gpotbl_cell">August 5, 1927.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">138A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">196</TD><TD align="left" class="gpotbl_cell">September 29, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">196A</TD><TD align="left" class="gpotbl_cell">July 26, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">226</TD><TD align="left" class="gpotbl_cell">July 27, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">255</TD><TD align="left" class="gpotbl_cell">July 31, 1933.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">256</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="04">Mining Machines, Machinery-Moving Equipment, Miscellaneous Trucks, and Water Spray Supply Units</E>
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="04">mining machines</E>
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Shortwall Machines</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">103</TD><TD align="left" class="gpotbl_cell">November 2, 1917.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">103A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">105</TD><TD align="left" class="gpotbl_cell">February 9, 1922.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">105A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">106</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">106A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">107</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">107A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">108</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">108A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">111</TD><TD align="left" class="gpotbl_cell">October 16, 1922.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">111A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">113</TD><TD align="left" class="gpotbl_cell">November 4, 1924.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">113A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">114</TD><TD align="left" class="gpotbl_cell">February 7, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">114A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">115</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">115A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">153</TD><TD align="left" class="gpotbl_cell">July 31, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">153A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">193</TD><TD align="left" class="gpotbl_cell">June 3, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">193A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">197</TD><TD align="left" class="gpotbl_cell">July 31, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">197A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">198</TD><TD align="left" class="gpotbl_cell">August 1, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">198A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">201</TD><TD align="left" class="gpotbl_cell">September 8, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">201A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">204</TD><TD align="left" class="gpotbl_cell">October 13, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">204A</TD><TD align="left" class="gpotbl_cell">December 13, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">223</TD><TD align="left" class="gpotbl_cell">May 13, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">223A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">241</TD><TD align="left" class="gpotbl_cell">March 18, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">241A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">258</TD><TD align="left" class="gpotbl_cell">August 15, 1933.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">259A</TD><TD align="left" class="gpotbl_cell">August 16, 1933.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">260A</TD><TD align="left" class="gpotbl_cell">August 17, 1933.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">273</TD><TD align="left" class="gpotbl_cell">November 30, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">288</TD><TD align="left" class="gpotbl_cell">March 27, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">288A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">292</TD><TD align="left" class="gpotbl_cell">September 11, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">292A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">293A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Longwall Machines</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">185</TD><TD align="left" class="gpotbl_cell">February 24, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">185A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">218</TD><TD align="left" class="gpotbl_cell">March 10, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">218A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">246</TD><TD align="left" class="gpotbl_cell">August 19, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">246A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">261</TD><TD align="left" class="gpotbl_cell">September 12, 1933.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Track or caterpillar mounted</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">112</TD><TD align="left" class="gpotbl_cell">March 13, 1924.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">112A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">118</TD><TD align="left" class="gpotbl_cell">March 12, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">118A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">125</TD><TD align="left" class="gpotbl_cell">April 26, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">125A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">172</TD><TD align="left" class="gpotbl_cell">April 30, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">172A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">188</TD><TD align="left" class="gpotbl_cell">April 15, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">188A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">207</TD><TD align="left" class="gpotbl_cell">November 14, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">207A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">216</TD><TD align="left" class="gpotbl_cell">February 12, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">216A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">231</TD><TD align="left" class="gpotbl_cell">August 31, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">231A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">242</TD><TD align="left" class="gpotbl_cell">April 7, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">244</TD><TD align="left" class="gpotbl_cell">June 18, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">244A</TD><TD align="left" class="gpotbl_cell">September 20, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">253A</TD><TD align="left" class="gpotbl_cell">February 25, 1933.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">267</TD><TD align="left" class="gpotbl_cell">June 27, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">268A</TD><TD align="left" class="gpotbl_cell">July 25, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">269A</TD><TD align="left" class="gpotbl_cell">September 24, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">280A</TD><TD align="left" class="gpotbl_cell">March 4, 1935.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">297</TD><TD align="left" class="gpotbl_cell">January 27, 1936.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">297A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Mine Pumps</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">140</TD><TD align="left" class="gpotbl_cell">November 1, 1927.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">140A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">143</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">143A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">144</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">144A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">199</TD><TD align="left" class="gpotbl_cell">August 18, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">199A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">208</TD><TD align="left" class="gpotbl_cell">November 29, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">210</TD><TD align="left" class="gpotbl_cell">December 15, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">210A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">211</TD><TD align="left" class="gpotbl_cell">December 17, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">211A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">213</TD><TD align="left" class="gpotbl_cell">December 29, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">213A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">214</TD><TD align="left" class="gpotbl_cell">January 2, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">214A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">215</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">215A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">248</TD><TD align="left" class="gpotbl_cell">October 31, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">248A</TD><TD align="left" class="gpotbl_cell">November 23, 1932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">264</TD><TD align="left" class="gpotbl_cell">January 31, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">264A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">272</TD><TD align="left" class="gpotbl_cell">October 23, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">272A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Rock-Dusting Machines</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">130</TD><TD align="left" class="gpotbl_cell">November 5, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">137</TD><TD align="left" class="gpotbl_cell">July 2, 1927.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">146</TD><TD align="left" class="gpotbl_cell">January 20, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">146A</TD><TD align="left" class="gpotbl_cell">April 3, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">180</TD><TD align="left" class="gpotbl_cell">October 30, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">180A</TD><TD align="left" class="gpotbl_cell">January 17, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">206</TD><TD align="left" class="gpotbl_cell">November 12, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">279</TD><TD align="left" class="gpotbl_cell">February 14, 1935.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Room and Car-Spotting Hoists</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">116</TD><TD align="left" class="gpotbl_cell">February 13, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">116A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">164</TD><TD align="left" class="gpotbl_cell">January 21, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">164A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">165</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">165A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">169</TD><TD align="left" class="gpotbl_cell">April 5, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">169A</TD><TD align="left" class="gpotbl_cell">February 26, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">190</TD><TD align="left" class="gpotbl_cell">April 20, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">251A</TD><TD align="left" class="gpotbl_cell">January 16, 1933.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">263</TD><TD align="left" class="gpotbl_cell">January 11, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">266A</TD><TD align="left" class="gpotbl_cell">February 27, 1934.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="04">Storage-Battery Locomotives and Power Trucks</E>
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row">(Approved under Schedules 15, 2C, 2D, and 2E)
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Gathering Locomotives</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1501</TD><TD align="left" class="gpotbl_cell">October 11, 1921.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1502</TD><TD align="left" class="gpotbl_cell">November 13, 1922.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1503</TD><TD align="left" class="gpotbl_cell">March 24, 1923.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1505</TD><TD align="left" class="gpotbl_cell">April 5, 1924.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1507</TD><TD align="left" class="gpotbl_cell">August 20, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1508</TD><TD align="left" class="gpotbl_cell">March 21, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1509</TD><TD align="left" class="gpotbl_cell">September 25, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1511</TD><TD align="left" class="gpotbl_cell">November 10, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1512</TD><TD align="left" class="gpotbl_cell">November 11, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1513</TD><TD align="left" class="gpotbl_cell">February 25, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1516</TD><TD align="left" class="gpotbl_cell">December 28, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1517</TD><TD align="left" class="gpotbl_cell">February 10, 1927.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1520</TD><TD align="left" class="gpotbl_cell">May 27, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1521</TD><TD align="left" class="gpotbl_cell">June 13, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1522</TD><TD align="left" class="gpotbl_cell">September 12, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1523</TD><TD align="left" class="gpotbl_cell">December 19, 1930.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1525</TD><TD align="left" class="gpotbl_cell">July 25, 1934.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1526</TD><TD align="left" class="gpotbl_cell">December 20, 1935.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Tandem Locomotive</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1518</TD><TD align="left" class="gpotbl_cell">November 21, 1927.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Power Trucks</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1506</TD><TD align="left" class="gpotbl_cell">May 5, 1924.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1505A</TD><TD align="left" class="gpotbl_cell">June 21, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1510C</TD><TD align="left" class="gpotbl_cell">December 31, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1514</TD><TD align="left" class="gpotbl_cell">December 18, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1515</TD><TD align="left" class="gpotbl_cell">December 28, 1926.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1512C</TD><TD align="left" class="gpotbl_cell">September 13, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1519C</TD><TD align="left" class="gpotbl_cell">April 6, 1929.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1524C</TD><TD align="left" class="gpotbl_cell">June 25, 1934.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="04">Junction, Distribution, and Splice Boxes</E>
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row">(Approved under Schedules 2D and 2E)
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="2" scope="row"><E T="03">Junction Boxes</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400</TD><TD align="left" class="gpotbl_cell">June 16, 1928.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400A</TD><TD align="left" class="gpotbl_cell">August 5, 1925.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">401</TD><TD align="left" class="gpotbl_cell">May 11, 1927.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">401A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">402</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">402A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">403</TD><TD align="left" class="gpotbl_cell">April 14, 1931.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">403A</TD><TD align="left" class="gpotbl_cell">  Do.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">405A</TD><TD align="left" class="gpotbl_cell">December 4, 1933.</TD></TR></TABLE></DIV></DIV>
</DIV9>

</DIV6>


<DIV6 N="G" NODE="30:1.0.1.12.38.7" TYPE="SUBPART">
<HEAD>Subpart G—Trailing Cables</HEAD>


<DIV8 N="§ 75.600" NODE="30:1.0.1.12.38.7.216.1" TYPE="SECTION">
<HEAD>§ 75.600   Trailing cables; flame resistance.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trailing cables used in coal mines shall meet the requirements established by the Secretary for flame-resistant cables. 


</P>
</DIV8>


<DIV8 N="§ 75.600-1" NODE="30:1.0.1.12.38.7.216.2" TYPE="SECTION">
<HEAD>§ 75.600-1   Approved cables; flame resistance.</HEAD>
<P>Cables shall be accepted or approved by MSHA as flame resistant.
</P>
<CITA TYPE="N">[57 FR 61223, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 75.601" NODE="30:1.0.1.12.38.7.216.3" TYPE="SECTION">
<HEAD>§ 75.601   Short circuit protection of trailing cables.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Short circuit protection for trailing cables shall be provided by an automatic circuit breaker or other no less effective device approved by the Secretary of adequate current-interrupting capacity in each ungrounded conductor. Disconnecting devices used to disconnect power from trailing cables shall be plainly marked and identified and such devices shall be equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected. 


</P>
</DIV8>


<DIV8 N="§ 75.601-1" NODE="30:1.0.1.12.38.7.216.4" TYPE="SECTION">
<HEAD>§ 75.601-1   Short circuit protection; ratings and settings of circuit breakers.</HEAD>
<P>Circuit breakers providing short circuit protection for trailing cables shall be set so as not to exceed the maximum allowable instantaneous settings specified in this section; however, higher settings may be permitted by an authorized representative of the Secretary when he has determined that special applications are justified:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Conductor size AWG or MGM
</TH><TH class="gpotbl_colhed" scope="col">Maximum allowable circuit breaker instantaneous setting (amperes)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">14</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12</TD><TD align="right" class="gpotbl_cell">75
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10</TD><TD align="right" class="gpotbl_cell">150
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8</TD><TD align="right" class="gpotbl_cell">200
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">300
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">600
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">800
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">1,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">1,250
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">1,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">2,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400</TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">450</TD><TD align="right" class="gpotbl_cell">2,500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">500</TD><TD align="right" class="gpotbl_cell">2,500</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 75.601-2" NODE="30:1.0.1.12.38.7.216.5" TYPE="SECTION">
<HEAD>§ 75.601-2   Short circuit protection; use of fuses; approval by the Secretary.</HEAD>
<P>Fuses shall not be employed to provide short circuit protection for trailing cables unless specifically approved by the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 75.601-3" NODE="30:1.0.1.12.38.7.216.6" TYPE="SECTION">
<HEAD>§ 75.601-3   Short circuit protection; dual element fuses; current ratings; maximum values.</HEAD>
<P>Dual element fuses having adequate current-interrupting capacity shall meet the requirements for short circuit protection of trailing cables as provided in § 75.601, however, the current ratings of such devices shall not exceed the maximum values specified in this section:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Conductor size (AWG or MGM)
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Single conductor cable
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Two conductor cable
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Ampacity
</TH><TH class="gpotbl_colhed" scope="col">Max. fuse rating
</TH><TH class="gpotbl_colhed" scope="col">Ampacity
</TH><TH class="gpotbl_colhed" scope="col">Max. fuse rating
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">14</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">15</TD><TD align="right" class="gpotbl_cell">15
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">20</TD><TD align="right" class="gpotbl_cell">20
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">25</TD><TD align="right" class="gpotbl_cell">25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8</TD><TD align="right" class="gpotbl_cell">60</TD><TD align="right" class="gpotbl_cell">60</TD><TD align="right" class="gpotbl_cell">50</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">85</TD><TD align="right" class="gpotbl_cell">90</TD><TD align="right" class="gpotbl_cell">65</TD><TD align="right" class="gpotbl_cell">70
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">110</TD><TD align="right" class="gpotbl_cell">110</TD><TD align="right" class="gpotbl_cell">90</TD><TD align="right" class="gpotbl_cell">90
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">130</TD><TD align="right" class="gpotbl_cell">150</TD><TD align="right" class="gpotbl_cell">105</TD><TD align="right" class="gpotbl_cell">110
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">150</TD><TD align="right" class="gpotbl_cell">150</TD><TD align="right" class="gpotbl_cell">120</TD><TD align="right" class="gpotbl_cell">125
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">170</TD><TD align="right" class="gpotbl_cell">175</TD><TD align="right" class="gpotbl_cell">140</TD><TD align="right" class="gpotbl_cell">150
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1/0</TD><TD align="right" class="gpotbl_cell">200</TD><TD align="right" class="gpotbl_cell">200</TD><TD align="right" class="gpotbl_cell">170</TD><TD align="right" class="gpotbl_cell">175
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2/0</TD><TD align="right" class="gpotbl_cell">235</TD><TD align="right" class="gpotbl_cell">250</TD><TD align="right" class="gpotbl_cell">195</TD><TD align="right" class="gpotbl_cell">200
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3/0</TD><TD align="right" class="gpotbl_cell">275</TD><TD align="right" class="gpotbl_cell">300</TD><TD align="right" class="gpotbl_cell">225</TD><TD align="right" class="gpotbl_cell">225
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4/0</TD><TD align="right" class="gpotbl_cell">315</TD><TD align="right" class="gpotbl_cell">350</TD><TD align="right" class="gpotbl_cell">260</TD><TD align="right" class="gpotbl_cell">300
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">350</TD><TD align="right" class="gpotbl_cell">350</TD><TD align="right" class="gpotbl_cell">285</TD><TD align="right" class="gpotbl_cell">300
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">395</TD><TD align="right" class="gpotbl_cell">400</TD><TD align="right" class="gpotbl_cell">310</TD><TD align="right" class="gpotbl_cell">350
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">445</TD><TD align="right" class="gpotbl_cell">450</TD><TD align="right" class="gpotbl_cell">335</TD><TD align="right" class="gpotbl_cell">350
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">400</TD><TD align="right" class="gpotbl_cell">480</TD><TD align="right" class="gpotbl_cell">500</TD><TD align="right" class="gpotbl_cell">360</TD><TD align="right" class="gpotbl_cell">400
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">450</TD><TD align="right" class="gpotbl_cell">515</TD><TD align="right" class="gpotbl_cell">600</TD><TD align="right" class="gpotbl_cell">385</TD><TD align="right" class="gpotbl_cell">400
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">500</TD><TD align="right" class="gpotbl_cell">545</TD><TD align="right" class="gpotbl_cell">600</TD><TD align="right" class="gpotbl_cell">415</TD><TD align="right" class="gpotbl_cell">450</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 75.602" NODE="30:1.0.1.12.38.7.216.7" TYPE="SECTION">
<HEAD>§ 75.602   Trailing cable junctions.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>When two or more trailing cables junction to the same distribution center, means shall be provided to assure against connecting a trailing cable to the wrong size circuit breaker. 


</P>
</DIV8>


<DIV8 N="§ 75.603" NODE="30:1.0.1.12.38.7.216.8" TYPE="SECTION">
<HEAD>§ 75.603   Temporary splice of trailing cable.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>One temporary splice may be made in any trailing cable. Such trailing cable may only be used for the next 24-hour period. No temporary splice shall be made in a trailing cable within 25 feet of the machine, except cable reel equipment. Temporary splices in trailing cables shall be made in a workmanlike manner and shall be mechanically strong and well insulated. Trailing cables or hand cables which have exposed wires or which have splices that heat or spark under load shall not be used. As used in this section, the term “splice” means the mechanical joining of one or more conductors that have been severed. 


</P>
</DIV8>


<DIV8 N="§ 75.604" NODE="30:1.0.1.12.38.7.216.9" TYPE="SECTION">
<HEAD>§ 75.604   Permanent splicing of trailing cables.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>When permanent splices in trailing cables are made, they shall be: 
</P>
<P>(a) Mechanically strong with adequate electrical conductivity and flexibility; 
</P>
<P>(b) Effectively insulated and sealed so as to exclude moisture; and 
</P>
<P>(c) Vulcanized or otherwise treated with suitable materials to provide flame-resistant qualities and good bonding to the outer jacket. 
</P>
<P>(d) Made using splice kits accepted or approved by MSHA as flame resistant.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 57 FR 61223, Dec. 23, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 75.605" NODE="30:1.0.1.12.38.7.216.10" TYPE="SECTION">
<HEAD>§ 75.605   Clamping of trailing cables to equipment.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections. 


</P>
</DIV8>


<DIV8 N="§ 75.606" NODE="30:1.0.1.12.38.7.216.11" TYPE="SECTION">
<HEAD>§ 75.606   Protection of trailing cables.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trailing cables shall be adequately protected to prevent damage by mobile equipment. 


</P>
</DIV8>


<DIV8 N="§ 75.607" NODE="30:1.0.1.12.38.7.216.12" TYPE="SECTION">
<HEAD>§ 75.607   Breaking trailing cable and power cable connections.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trailing cable and power cable connections to junction boxes shall not be made or broken under load. 


</P>
</DIV8>

</DIV6>


<DIV6 N="H" NODE="30:1.0.1.12.38.8" TYPE="SUBPART">
<HEAD>Subpart H—Grounding</HEAD>


<DIV8 N="§ 75.700" NODE="30:1.0.1.12.38.8.216.1" TYPE="SECTION">
<HEAD>§ 75.700   Grounding metallic sheaths, armors, and conduits enclosing power conductors.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>All metallic sheaths, armors, and conduits enclosing power conductors shall be electrically continuous throughout and shall be grounded by methods approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 75.700-1" NODE="30:1.0.1.12.38.8.216.2" TYPE="SECTION">
<HEAD>§ 75.700-1   Approved methods of grounding.</HEAD>
<P>Metallic sheaths, armors and conduits in resistance grounded systems where the enclosed conductors are a part of the system will be approved if a solid connection is made to the neutral conductor; in all other systems, the following methods of grounding will be approved: 
</P>
<P>(a) A solid connection to a borehole casing having low resistance to earth; 
</P>
<P>(b) A solid connection to metal waterlines having low resistance to earth; 
</P>
<P>(c) A solid connection to a grounding conductor, other than the neutral conductor of a resistance grounded system, extending to a low resistance ground field located on the surface; 
</P>
<P>(d) Any other method of grounding, approved by an authorized representative of the Secretary, which ensures that there is no difference in potential between such metallic enclosures and the earth. 


</P>
</DIV8>


<DIV8 N="§ 75.701" NODE="30:1.0.1.12.38.8.216.3" TYPE="SECTION">
<HEAD>§ 75.701   Grounding metallic frames, casings, and other enclosures of electric equipment.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Metallic frames, casings, and other enclosures of electric equipment that can become “alive” through failure of insulation or by contact with energized parts shall be grounded by methods approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 75.701-1" NODE="30:1.0.1.12.38.8.216.4" TYPE="SECTION">
<HEAD>§ 75.701-1   Approved methods of grounding of equipment receiving power from ungrounded alternating current power systems.</HEAD>
<P>For purposes of grounding metallic frames, casings and other enclosures of equipment receiving power from ungrounded alternating current power systems, the following methods of grounding will be approved: 
</P>
<P>(a) A solid connection between the metallic frame, casing, or other metal enclosure and the grounded metallic sheath, armor, or conduit enclosing the power conductor feeding the electrical equipment enclosed; 
</P>
<P>(b) A solid connection to a borehole casing having low resistance to earth; 
</P>
<P>(c) A solid connection to metal waterlines having low resistance to earth; 
</P>
<P>(d) A solid connection to a grounding conductor extending to a low resistance ground field located on the surface; 
</P>
<P>(e) Any other method of grounding, approved by an authorized representative of the Secretary, which ensures that there is no difference in potential between such metal enclosures and the earth. 


</P>
</DIV8>


<DIV8 N="§ 75.701-2" NODE="30:1.0.1.12.38.8.216.5" TYPE="SECTION">
<HEAD>§ 75.701-2   Approved method of grounding metallic frames, casings and other enclosures receiving power from single-phase 110-220-volt circuit.</HEAD>
<P>In instances where single-phase 110-220-volt circuits are used to feed electrical equipment, the only method of grounding that will be approved is the connection of all metallic frames, casings and other enclosures of such equipment to a separate grounding conductor which establishes a continuous connection to a grounded center tap of the transformer. 


</P>
</DIV8>


<DIV8 N="§ 75.701-3" NODE="30:1.0.1.12.38.8.216.6" TYPE="SECTION">
<HEAD>§ 75.701-3   Approved methods of grounding metallic frames, casings and other enclosures of electric equipment receiving power from direct current power systems with one polarity grounded.</HEAD>
<P>For the purpose of grounding metallic frames, casings and enclosures of any electric equipment or device-receiving power from a direct-current power system with one polarity grounded, the following methods of grounding will be approved: 
</P>
<P>(a) A solid connection to the mine track; 
</P>
<P>(b) A solid connection to the grounded power conductor of the system; 
</P>
<P>(c) Silicon diode grounding; however, this method shall be employed only when such devices are installed in accordance with the requirements set forth in paragraph (d) of § 75.703-3; and 
</P>
<P>(d) Any other method, approved by an authorized representative of the Secretary, which insures that there is no difference in potential between such metal enclosures and the earth. 


</P>
</DIV8>


<DIV8 N="§ 75.701-4" NODE="30:1.0.1.12.38.8.216.7" TYPE="SECTION">
<HEAD>§ 75.701-4   Grounding wires; capacity of wires.</HEAD>
<P>Where grounding wires are used to ground metallic sheaths, armors, conduits, frames, casings, and other metallic enclosures, such grounding wires will be approved if: 
</P>
<P>(a) The cross-sectional area (size) of the grounding wire is at least one-half the cross-sectional area (size) of the power conductor where the power conductor used is No. 6 A.W.G., or larger. 
</P>
<P>(b) Where the power conductor used is less than No. 6 A.W.G., the cross-sectional area (size) of the grounding wire is equal to the cross-sectional area (size) of the power conductor. 


</P>
</DIV8>


<DIV8 N="§ 75.701-5" NODE="30:1.0.1.12.38.8.216.8" TYPE="SECTION">
<HEAD>§ 75.701-5   Use of grounding connectors.</HEAD>
<P>The attachment of grounding wires to a mine track or other grounded power conductor will be approved if separate clamps, suitable for such purpose, are used and installed to provide a solid connection. 


</P>
</DIV8>


<DIV8 N="§ 75.702" NODE="30:1.0.1.12.38.8.216.9" TYPE="SECTION">
<HEAD>§ 75.702   Protection other than grounding.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Methods other than grounding which provide no less effective protection may be permitted by the Secretary or his authorized representative. 


</P>
</DIV8>


<DIV8 N="§ 75.702-1" NODE="30:1.0.1.12.38.8.216.10" TYPE="SECTION">
<HEAD>§ 75.702-1   Protection other than grounding; approved by an authorized representative of the Secretary.</HEAD>
<P>Under this subpart no method other than grounding may be used to ensure against a difference in potential between metallic sheaths, armors and conduits, enclosing power conductors and frames, casings and metal enclosures of electric equipment, and the earth, unless approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 75.703" NODE="30:1.0.1.12.38.8.216.11" TYPE="SECTION">
<HEAD>§ 75.703   Grounding offtrack direct-current machines and the enclosures of related detached components.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>The frames of all offtrack direct-current machines and the enclosures of related detached components shall be effectively grounded, or otherwise maintained at no less safe voltages, by methods approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 75.703-1" NODE="30:1.0.1.12.38.8.216.12" TYPE="SECTION">
<HEAD>§ 75.703-1   Approved method of grounding.</HEAD>
<P>In instances where the metal frames both of an offtrack direct-current machine and of the metal frames of its component parts are grounded to the same grounding medium the requirements of § 75.703 will be met. 


</P>
</DIV8>


<DIV8 N="§ 75.703-2" NODE="30:1.0.1.12.38.8.216.13" TYPE="SECTION">
<HEAD>§ 75.703-2   Approved grounding mediums.</HEAD>
<P>For purposes of grounding offtrack direct-current machines, the following grounding mediums are approved: 
</P>
<P>(a) The grounded polarity of the direct-current power system feeding such machines; or, 
</P>
<P>(b) The alternating current grounding medium where such machines are fed by an ungrounded direct-current power system originating in a portable rectifier receiving its power from a section power center. However, when such a medium is used, a separate grounding conductor must be employed. 


</P>
</DIV8>


<DIV8 N="§ 75.703-3" NODE="30:1.0.1.12.38.8.216.14" TYPE="SECTION">
<HEAD>§ 75.703-3   Approved methods of grounding offtrack mobile, portable and stationary direct-current machines.</HEAD>
<P>In grounding offtrack direct-current machines and the enclosures of their component parts, the following methods of grounding will meet the requirements of § 75.703: 
</P>
<P>(a) The use of a separate grounding conductor located within the trailing cable of mobile and portable equipment and connected between such equipment and the direct-current grounding medium; 
</P>
<P>(b) The use of a separate ground conductor located within the direct-current power cable feeding stationary equipment and connected between such stationary equipment and the direct-current grounding medium; 
</P>
<P>(c) The use of a separate external ground conductor connected between stationary equipment and the direct-current grounding medium; or, 
</P>
<P>(d) The use of silicon diodes; however, the installation of such devices shall meet the following minimum requirements: 
</P>
<P>(1) Installation of silicon diodes shall be restricted to electric equipment receiving power from a direct-current system with one polarity grounded; 
</P>
<P>(2) Where such diodes are used on circuits having a nominal voltage rating of 250, they must have a forward current rating of 400 amperes or more, and have a peak inverse voltage rating of 400 or more; 
</P>
<P>(3) Where such diodes are used on circuits having a nominal voltage rating of 550, they must have a forward current rating of 250 amperes or more, and have a peak inverse voltage rating of 800 or more; 
</P>
<P>(4) Where fuses approved by the Secretary are used at the outby end of a trailing cable connected to electrical equipment employing silicon diodes, the rating of such fuses must not exceed 150 percent of the nominal current rating of the grounding diodes; 
</P>
<P>(5) Where circuit breakers are used at the outby end of a trailing cable connected to electrical equipment employing silicon diodes, the instantaneous trip setting shall not exceed 300 percent of the nominal current rating of the grounding diode; 
</P>
<P>(6) Overcurrent devices must be used and installed in such a manner that the operating coil circuit of the main contactor will open when a fault current with a value of 25 percent or less of the diode rating flows through the diode; 
</P>
<P>(7) The silicon diode installed must be suitable to the grounded polarity of the power system in which it is used and its threaded base must be solidly connected to the machine frame on which it is installed; 
</P>
<P>(8) In addition to the grounding diode, a polarizing diode must be installed in the machine control circuit to prevent operation of the machine when the polarity of a trailing cable is reversed; 
</P>
<P>(9) When installed on permissible equipment, all grounding diodes, overcurrent devices, and polarizing diodes must be placed in explosion proof compartments; 
</P>
<P>(10) When grounding diodes are installed on a continuous miner, their nominal diode current rating must be at least 750 amperes or more; and, 
</P>
<P>(11) All grounding diodes shall be tested, examined and maintained as electrical equipment in accordance with the provisions of § 75.512. 


</P>
</DIV8>


<DIV8 N="§ 75.703-4" NODE="30:1.0.1.12.38.8.216.15" TYPE="SECTION">
<HEAD>§ 75.703-4   Other methods of protecting offtrack direct-current equipment; approved by an authorized representative of the Secretary.</HEAD>
<P>Other methods of maintaining safe voltage by preventing a difference between the frames of offtract direct-current machines and the earth must be approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 75.704" NODE="30:1.0.1.12.38.8.216.16" TYPE="SECTION">
<HEAD>§ 75.704   Grounding frames of stationary high-voltage equipment receiving power from ungrounded delta systems.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>The frames of all stationary high-voltage equipment receiving power from ungrounded delta systems shall be grounded by methods approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 75.704-1" NODE="30:1.0.1.12.38.8.216.17" TYPE="SECTION">
<HEAD>§ 75.704-1   Approved methods of grounding.</HEAD>
<P>The methods of grounding stated in § 75.701-1 will also be approved with respect to the grounding of frames of high-voltage equipment referred to in § 75.704. 


</P>
</DIV8>


<DIV8 N="§ 75.705" NODE="30:1.0.1.12.38.8.216.18" TYPE="SECTION">
<HEAD>§ 75.705   Work on high-voltage lines; deenergizing and grounding.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>High-voltage lines, both on the surface and underground, shall be deenergized and grounded before work is performed on them, except that repairs may be permitted, in the case of energized surface high-voltage lines, if such repairs are made by a qualified person in accordance with procedures and safeguards, including, but not limited to, a requirement that the operator of such mine provide, test, and maintain protective devices in making such repairs, to be prescribed by the Secretary prior to March 30, 1970. 


</P>
</DIV8>


<DIV8 N="§ 75.705-1" NODE="30:1.0.1.12.38.8.216.19" TYPE="SECTION">
<HEAD>§ 75.705-1   Work on high-voltage lines.</HEAD>
<P>(a) Section 75.705 specifically prohibits work on energized high-voltage lines underground; 
</P>
<P>(b) No high-voltage line, either on the surface or underground, shall be regarded as deenergized for the purpose of performing work on it, until it has been determined by a qualified person (as provided in § 75.153) that such high-voltage line has been deenergized and grounded. Such qualified person shall by visual observation (1) determine that the disconnecting devices on the high-voltage circuit are in open position and (2) ensure that each ungrounded conductor of the high-voltage circuit upon which work is to be done is properly connected to the system-grounding medium. In the case of resistance grounded or solid wye-connected systems, the neutral wire is the system-grounding medium. In the case of an ungrounded power system, either the steel armor or conduit enclosing the system or a surface grounding field is a system grounding medium; 
</P>
<P>(c) No work shall be performed on any high-voltage line on the surface which is supported by any pole or structure which also supports other high-voltage lines until: (1) All lines supported on the pole or structure are deenergized and grounded in accordance with all of the provisions of this section which apply to the repair of energized surface high-voltage lines; or (2) the provisions of §§ 75.705-2 through 75.705-10 have been complied with, with respect to all lines, which are supported on the pole or structure. 
</P>
<P>(d) Work may be performed on energized surface high-voltage lines only in accordance with the provisions of §§ 75.705-2 through 75.705-10, inclusive. 


</P>
</DIV8>


<DIV8 N="§ 75.705-2" NODE="30:1.0.1.12.38.8.216.20" TYPE="SECTION">
<HEAD>§ 75.705-2   Repairs to energized surface high-voltage lines.</HEAD>
<P>An energized high-voltage surface line may be repaired only when 
</P>
<P>(a) The operator has determined that: 
</P>
<P>(1) Such repairs cannot be scheduled during a period when the power circuit could be properly deenergized and grounded; 
</P>
<P>(2) Such repairs will be performed on power circuits with a phase-to-phase nominal voltage no greater than 15,000 volts; 
</P>
<P>(3) Such repairs on circuits with a phase-to-phase nominal voltage of 5,000 volts or more will be performed only with the use of live line tools; 
</P>
<P>(4) Weather conditions will not interfere with such repairs or expose those persons assigned to such work to an imminent danger; and 
</P>
<P>(b) The operator has designated a person qualified under the provisions of § 75.154 as the person responsible for carrying out such repairs and such person, in order to ensure protection for himself and other qualified persons assigned to perform such repairs from the hazards of such repair, has prepared and filed with the operator: 
</P>
<P>(1) A general description of the nature and location of the damage or defect to be repaired; 
</P>
<P>(2) The general plan to be followed in making such repairs; 
</P>
<P>(3) A statement that a briefing of all qualified persons assigned to make such repairs was conducted informing them of the general plan, their individual assignments, and the dangers inherent in such assignments; 
</P>
<P>(4) A list of the proper protective equipment and clothing that will be provided; and 
</P>
<P>(5) Such other information as the person designated by the operator feels necessary to describe properly the means or methods to be employed in such repairs. 


</P>
</DIV8>


<DIV8 N="§ 75.705-3" NODE="30:1.0.1.12.38.8.216.21" TYPE="SECTION">
<HEAD>§ 75.705-3   Work on energized high-voltage surface lines; reporting.</HEAD>
<P>Any operator designating and assigning qualified persons to perform repairs on energized high-voltage surface lines under the provisions of § 75.705-2 shall maintain a record of such repairs. Such record shall contain a notation of the time, date, location, and general nature of the repairs made, together with a copy of the information filed with the operator by the qualified person designated as responsible for performing such repairs. 


</P>
</DIV8>


<DIV8 N="§ 75.705-4" NODE="30:1.0.1.12.38.8.216.22" TYPE="SECTION">
<HEAD>§ 75.705-4   Simultaneous repairs.</HEAD>
<P>When two or more persons are working on an energized high-voltage surface line simultaneously, and any one of them is within reach of another, such persons shall not be allowed to work on different phases or on equipment with different potentials. 


</P>
</DIV8>


<DIV8 N="§ 75.705-5" NODE="30:1.0.1.12.38.8.216.23" TYPE="SECTION">
<HEAD>§ 75.705-5   Installation of protective equipment.</HEAD>
<P>Before repair work on energized high-voltage surface lines is begun, protective equipment shall be used to cover all bare conductors, ground wires, guys, telephone lines, and other attachments in proximity to the area of planned repairs. Such protective equipment shall be installed from a safe position below the conductors or other apparatus being covered. Each rubber protective device employed in the making of repairs shall have a dielectric strength of 20,000 volts, or more. 


</P>
</DIV8>


<DIV8 N="§ 75.705-6" NODE="30:1.0.1.12.38.8.216.24" TYPE="SECTION">
<HEAD>§ 75.705-6   Protective clothing; use and inspection.</HEAD>
<P>All persons performing work on energized high-voltage surface lines shall wear protective rubber gloves, sleeves, and climber guards if climbers are worn. Protective rubber gloves shall not be worn wrong side out or without protective leather gloves. Protective devices worn by a person assigned to perform repairs on high-voltage surface lines shall be worn continuously from the time he leaves the ground until he returns to the ground, and, if such devices are employed for extended periods, such person shall visually inspect the equipment assigned him for defects before each use and, in no case, less than twice each day. 


</P>
</DIV8>


<DIV8 N="§ 75.705-7" NODE="30:1.0.1.12.38.8.216.25" TYPE="SECTION">
<HEAD>§ 75.705-7   Protective equipment; inspection.</HEAD>
<P>Each person shall visually inspect protective equipment and clothing provided him in connection with work on high-voltage surface lines before using such equipment and clothing, and any equipment or clothing containing any defect or damage shall be discarded and replaced with proper protective equipment or clothing prior to the performance of any electrical work on such lines. 


</P>
</DIV8>


<DIV8 N="§ 75.705-8" NODE="30:1.0.1.12.38.8.216.26" TYPE="SECTION">
<HEAD>§ 75.705-8   Protective equipment; testing and storage.</HEAD>
<P>(a) All rubber protective equipment used on work on energized high-voltage surface lines shall be electrically tested by the operator in accordance with ASTM standards, Part 28, published February 1968, and such testing shall be conducted in accordance with the following schedule: 
</P>
<P>(1) Rubber gloves, once each month; 
</P>
<P>(2) Rubber sleeves, once every 3 months; 
</P>
<P>(3) Rubber blankets, once every 6 months; 
</P>
<P>(4) Insulator hoods and line hose, once a year; and 
</P>
<P>(5) Other electric protective equipment, once a year. 
</P>
<P>(b) Rubber gloves shall not be stored wrong side out. Blankets shall be rolled when not in use, and line hose and insulator hoods shall be stored in their natural position and shape. 


</P>
</DIV8>


<DIV8 N="§ 75.705-9" NODE="30:1.0.1.12.38.8.216.27" TYPE="SECTION">
<HEAD>§ 75.705-9   Operating disconnecting or cutout switches.</HEAD>
<P>Disconnecting or cutout switches on energized high-voltage surface lines shall be operated only with insulated sticks, fuse tongs, or pullers which are adequately insulated and maintained to protect the operator from the voltage to which he is exposed. When such switches are operated from the ground, the person operating such devices shall wear protective rubber gloves. 


</P>
</DIV8>


<DIV8 N="§ 75.705-10" NODE="30:1.0.1.12.38.8.216.28" TYPE="SECTION">
<HEAD>§ 75.705-10   Tying into energized high-voltage surface circuits.</HEAD>
<P>If the work of forming an additional circuit by tying into an energized high-voltage surface line is performed from the ground, any person performing such work must wear and employ all of the protective equipment and clothing required under the provisions of §§ 75.705-5 and 75.705-6. In addition, the insulated stick used by such person must have been designed for such purpose and must be adequately insulated and be maintained to protect such person from the voltage to which he is exposed. 


</P>
</DIV8>


<DIV8 N="§ 75.705-11" NODE="30:1.0.1.12.38.8.216.29" TYPE="SECTION">
<HEAD>§ 75.705-11   Use of grounded messenger wires; ungrounded systems.</HEAD>
<P>Solely for purposes of grounding ungrounded high-voltage power systems, grounded messenger wires used to suspend the cables of such systems may be used as a grounding medium. 


</P>
</DIV8>


<DIV8 N="§ 75.706" NODE="30:1.0.1.12.38.8.216.30" TYPE="SECTION">
<HEAD>§ 75.706   Deenergized underground power circuits; idle days—idle shifts.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>When not in use, power circuits underground shall be deenergized on idle days and idle shifts, except that rectifiers and transformers may remain energized. 


</P>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:1.0.1.12.38.9" TYPE="SUBPART">
<HEAD>Subpart I—Underground High-Voltage Distribution</HEAD>


<DIV8 N="§ 75.800" NODE="30:1.0.1.12.38.9.216.1" TYPE="SECTION">
<HEAD>§ 75.800   High-voltage circuits; circuit breakers.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>High-voltage circuits entering the underground area of any coal mine shall be protected by suitable circuit breakers of adequate interrupting capacity which are properly tested and maintained as prescribed by the Secretary. Such breakers shall be equipped with devices to provide protection against under-voltage grounded phase, short circuit, and overcurrent. 


</P>
</DIV8>


<DIV8 N="§ 75.800-1" NODE="30:1.0.1.12.38.9.216.2" TYPE="SECTION">
<HEAD>§ 75.800-1   Circuit breakers; location.</HEAD>
<P>Circuit breakers protecting high-voltage circuits entering an underground area of any coal mine shall be located on the surface and in no case installed either underground or within a drift. 


</P>
</DIV8>


<DIV8 N="§ 75.800-2" NODE="30:1.0.1.12.38.9.216.3" TYPE="SECTION">
<HEAD>§ 75.800-2   Approved circuit schemes.</HEAD>
<P>The following circuit schemes will be regarded as providing the necessary protection to the circuits required by § 75.800: 
</P>
<P>(a) Ground check relays may be used for undervoltage protection if the relay coils are designed to trip the circuit breaker when line voltage decreases to 40 percent to 60 percent of the nominal line voltage; 
</P>
<P>(b) Ground trip relays on resistance grounded systems will be acceptable as grounded phase protection; 
</P>
<P>(c) One circuit breaker may be used to protect two or more branch circuits, if the circuit breaker is adjusted to afford overcurrent protection for the smallest conductor. 


</P>
</DIV8>


<DIV8 N="§ 75.800-3" NODE="30:1.0.1.12.38.9.216.4" TYPE="SECTION">
<HEAD>§ 75.800-3   Testing, examination and maintenance of circuit breakers; procedures.</HEAD>
<P>(a) Circuit breakers and their auxiliary devices protecting underground high-voltage circuits shall be tested and examined at least once each month by a person qualified as provided in § 75.153; 
</P>
<P>(b) Tests shall include: (1) Breaking continuity of the ground check conductor, where ground check monitoring is used; and 
</P>
<P>(2) Actuating at least two (2) of the auxiliary protective relays. 
</P>
<P>(c) Examination shall include visual observation of all components of the circuit breaker and its auxiliary devices, and such repairs or adjustments as are indicated by such tests and examinations shall be carried out immediately. 


</P>
</DIV8>


<DIV8 N="§ 75.800-4" NODE="30:1.0.1.12.38.9.216.5" TYPE="SECTION">
<HEAD>§ 75.800-4   Testing, examination, and maintenance of circuit breakers; record.</HEAD>
<P>(a) <I>Recordkeeping.</I> The operator shall make a record of each test, examination, repair, or adjustment of all circuit breakers protecting high-voltage circuits which enter any underground area of the mine.
</P>
<P>(b) <I>Record security.</I> These records shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
</P>
<P>(c) <I>Retention and access.</I> These records shall be retained at a surface location at the mine for at least one year and shall be made available to authorized representatives of the Secretary, the representative of miners, and other interested persons.
</P>
<CITA TYPE="N">[64 FR 43287, Aug. 10, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 75.801" NODE="30:1.0.1.12.38.9.216.6" TYPE="SECTION">
<HEAD>§ 75.801   Grounding resistors.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>The grounding resistor, where required, shall be of the proper ohmic value to limit the voltage drop in the grounding circuit external to the resistor to not more than 100 volts under fault conditions. The grounding resistor shall be rated for maximum fault current continuously and insulated from ground for a voltage equal to the phase-to-phase voltage of the system. 


</P>
</DIV8>


<DIV8 N="§ 75.802" NODE="30:1.0.1.12.38.9.216.7" TYPE="SECTION">
<HEAD>§ 75.802   Protection of high-voltage circuits extending underground.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, high-voltage circuits extending underground and supplying portable, mobile, or, stationary high-voltage equipment shall contain either a direct or derived neutral which shall be grounded through a suitable resistor at the source transformers, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for the frames of all high-voltage equipment supplied power from that circuit. 
</P>
<P>(b) Notwithstanding the requirements of paragraph (a) of this section, the Secretary or his authorized representative may permit ungrounded high-voltage circuits to be extended underground to feed stationary electric equipment if: 
</P>
<P>(1) Such circuits are either steel armored or installed in grounded, rigid steel conduit throughout their entire length; or, 
</P>
<P>(2) The voltage of such circuits is nominally 2,400 volts or less phase-to-phase and the cables used in such circuits are equipped with metallic shields around each power conductor, and contain one or more ground conductors having a total cross sectional area of not less than one-half the power conductor; and, 
</P>
<P>(3) Upon a finding by the Secretary or his authorized representative that the use of the circuits described in paragraphs (b) (1) and (2) of this section does not pose a hazard to the miners. 
</P>
<P>(c) Within 100 feet of the point on the surface where high-voltage circuits enter the underground portion of the mine, disconnecting devices shall be installed and so equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected, except that the Secretary or his authorized representative may permit such devices to be installed at a greater distance from such area of the mine if he determines, based on existing physical conditions, that such installation will be more accessible at a greater distance and will not pose any hazard to the miners. 
</P>
<CITA TYPE="N">[38 FR 4975, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.803" NODE="30:1.0.1.12.38.9.216.8" TYPE="SECTION">
<HEAD>§ 75.803   Fail safe ground check circuits on high-voltage resistance grounded systems.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>On and after September 30, 1970, high-voltage, resistance grounded systems shall include a fail safe ground check circuit to monitor continuously the grounding circuit to assure continuity and the fail safe ground check circuit shall cause the circuit breaker to open when either the ground or pilot check wire is broken, or other no less effective device approved by the Secretary or his authorized representative to assure such continuity, except that an extension of time, not in excess of 12 months, may be permitted by the Secretary on a mine-by-mine basis if he determines that such equipment is not available. 


</P>
</DIV8>


<DIV8 N="§ 75.803-1" NODE="30:1.0.1.12.38.9.216.9" TYPE="SECTION">
<HEAD>§ 75.803-1   Maximum voltage ground check circuits.</HEAD>
<P>The maximum voltage used for ground check circuits under § 75.803 shall not exceed 96 volts. 


</P>
</DIV8>


<DIV8 N="§ 75.803-2" NODE="30:1.0.1.12.38.9.216.10" TYPE="SECTION">
<HEAD>§ 75.803-2   Ground check systems not employing pilot check wires; approval by the Secretary.</HEAD>
<P>Ground check systems not employing pilot check wires will be approved only if it is determined that the system includes a fail safe design causing the circuit breaker to open when ground continuity is broken. 


</P>
</DIV8>


<DIV8 N="§ 75.804" NODE="30:1.0.1.12.38.9.216.11" TYPE="SECTION">
<HEAD>§ 75.804   Underground high-voltage cables.</HEAD>
<P>(a) Underground high-voltage cables used in resistance grounded systems shall be equipped with metallic shields around each power conductor with one or more ground conductors having a total cross sectional area of not less than one-half the power conductor, and with an insulated external conductor not smaller than No. 8 (A.W.G.) or an insulated internal ground check conductor not smaller than No. 10 (A.W.G.) for the ground continuity check circuit. 
</P>
<P>(b) All such cables shall be adequate for the intended current and voltage. Splices made in such cables shall provide continuity of all components. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.805" NODE="30:1.0.1.12.38.9.216.12" TYPE="SECTION">
<HEAD>§ 75.805   Couplers.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Couplers that are used with medium-voltage or high-voltage power circuits shall be of the three-phase type with a full metallic shell, except that the Secretary may permit, under such guidelines as he may prescribe, no less effective couplers constructed of materials other than metal. Couplers shall be adequate for the voltage and current expected. All exposed metal on the metallic couplers shall be grounded to the ground conductor in the cable. The coupler shall be constructed so that the ground check continuity conductor shall be broken first and the ground conductors shall be broken last when the coupler is being uncoupled. 


</P>
</DIV8>


<DIV8 N="§ 75.806" NODE="30:1.0.1.12.38.9.216.13" TYPE="SECTION">
<HEAD>§ 75.806   Connection of single-phase loads.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Single-phase loads, such as transformer primaries, shall be connected phase-to-phase. 


</P>
</DIV8>


<DIV8 N="§ 75.807" NODE="30:1.0.1.12.38.9.216.14" TYPE="SECTION">
<HEAD>§ 75.807   Installation of high-voltage transmission cables.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>All underground high-voltage transmission cables shall be installed only in regularly inspected air courses and haulageways, and shall be covered, buried, or placed so as to afford protection against damage, guarded where men regularly work or pass under them unless they are 6
<FR>1/2</FR> feet or more above the floor or rail, securely anchored, properly insulated, and guarded at ends, and covered, insulated, or placed to prevent contact with trolley wires and other low-voltage circuits. 


</P>
</DIV8>


<DIV8 N="§ 75.808" NODE="30:1.0.1.12.38.9.216.15" TYPE="SECTION">
<HEAD>§ 75.808   Disconnecting devices.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Disconnecting devices shall be installed at the beginning of branch lines in high-voltage circuits and equipped or designed in such a manner that it can be determined by visual observation that the circuit is deenergized when the switches are open. 


</P>
</DIV8>


<DIV8 N="§ 75.809" NODE="30:1.0.1.12.38.9.216.16" TYPE="SECTION">
<HEAD>§ 75.809   Identification of circuit breakers and disconnecting switches.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Circuit breakers and disconnecting switches underground shall be marked for identification. 


</P>
</DIV8>


<DIV8 N="§ 75.810" NODE="30:1.0.1.12.38.9.216.17" TYPE="SECTION">
<HEAD>§ 75.810   High-voltage trailing cables; splices.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>In the case of high-voltage cables used as trailing cables, temporary splices shall not be used and all permanent splices shall be made in accordance with § 75.604. Terminations and splices in all other high-voltage cables shall be made in accordance with the manufacturer's specifications. 


</P>
</DIV8>


<DIV8 N="§ 75.811" NODE="30:1.0.1.12.38.9.216.18" TYPE="SECTION">
<HEAD>§ 75.811   High-voltage underground equipment; grounding.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Frames, supporting structures and enclosures of stationary, portable, or mobile underground high-voltage equipment and all high-voltage equipment supplying power to such equipment receiving power from resistance grounded systems shall be effectively grounded to the high-voltage ground. 


</P>
</DIV8>


<DIV8 N="§ 75.812" NODE="30:1.0.1.12.38.9.216.19" TYPE="SECTION">
<HEAD>§ 75.812   Movement of high-voltage power centers and portable transformers; permit.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Power centers and portable transformers shall be deenergized before they are moved from one location to another, except that, when equipment powered by sources other than such centers or transformers is not available, the Secretary may permit such centers and transformers to be moved while energized, if he determines that another equivalent or greater hazard may otherwise be created, and if they are moved under the supervision of a qualified person, and if such centers and transformers are examined prior to such movement by such person and found to be grounded by methods approved by an authorized representative of the Secretary and otherwise protected from hazards to the miner. A record shall be kept of such examinations. High-voltage cables, other than trailing cables, shall not be moved or handled at any time while energized, except that, when such centers and transformers are moved while energized as permitted under this section, energized high-voltage cables attached to such centers and transformers may be moved only by a qualified person and the operator of such mine shall require that such person wear approved and tested insulated wireman's gloves.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 75.812-1" NODE="30:1.0.1.12.38.9.216.20" TYPE="SECTION">
<HEAD>§ 75.812-1   Qualified person.</HEAD>
<P>A person who meets the requirements of § 75.153 is a qualified person within the meaning of § 75.812. 


</P>
</DIV8>


<DIV8 N="§ 75.812-2" NODE="30:1.0.1.12.38.9.216.21" TYPE="SECTION">
<HEAD>§ 75.812-2   High-voltage power centers and transformers; record of examination.</HEAD>
<P>The operator shall maintain a record of all examinations conducted in accordance with § 75.812. Such record shall be kept in a book approved by the Secretary. 


</P>
</DIV8>


<DIV7 N="216" NODE="30:1.0.1.12.38.9.216" TYPE="SUBJGRP">
<HEAD>High-Voltage Longwalls</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>67 FR 11001, Mar. 11, 2002, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 75.813" NODE="30:1.0.1.12.38.9.216.22" TYPE="SECTION">
<HEAD>§ 75.813   High-voltage longwalls; scope.</HEAD>
<P>Sections 75.814 through 75.822 of this part are electrical safety standards that apply to high-voltage longwall circuits and equipment. All other existing standards in 30 CFR must also apply to these longwall circuits and equipment where appropriate. 


</P>
</DIV8>


<DIV8 N="§ 75.814" NODE="30:1.0.1.12.38.9.216.23" TYPE="SECTION">
<HEAD>§ 75.814   Electrical protection.</HEAD>
<P>(a) High-voltage circuits must be protected against short circuits, overloads, ground faults, and undervoltages by circuit-interrupting devices of adequate interrupting capacity as follows: 
</P>
<P>(1) Current settings of short-circuit protective devices must not exceed the setting specified in approval documentation, or seventy-five percent of the minimum available phase-to-phase short-circuit current, whichever is less. 
</P>
<P>(2) Time-delay settings of short-circuit protective devices used to protect any cable extending from the section power center to a motor-starter enclosure must not exceed the settings specified in approval documentation, or 0.25-second, whichever is less. Time delay settings of short-circuit protective devices used to protect motor and shearer circuits must not exceed the settings specified in approval documentation, or 3 cycles, whichever is less. 
</P>
<P>(3) Ground-fault currents must be limited by a neutral grounding resistor to not more than—
</P>
<P>(i) 6.5 amperes when the nominal voltage of the power circuit is 2,400 volts or less; or 
</P>
<P>(ii) 3.75 amperes when the nominal voltage of the power circuit exceeds 2,400 volts. 
</P>
<P>(4) High-voltage circuits extending from the section power center must be provided with—
</P>
<P>(i) Ground-fault protection set to cause deenergization at not more than 40 percent of the current rating of the neutral grounding resistor; 
</P>
<P>(ii) A backup ground-fault detection device to cause deenergization when a ground fault occurs with the neutral grounding resistor open; and 
</P>
<P>(iii) Thermal protection for the grounding resistor that will deenergize the longwall power center if the resistor is subjected to a sustained ground fault. The thermal protection must operate at either 50 percent of the maximum temperature rise of the grounding resistor, or 150 °C (302 °F), whichever is less, and must open the ground-wire monitor circuit for the high-voltage circuit supplying the section power center. The thermal protection must not be dependent upon control power and may consist of a current transformer and overcurrent relay. 
</P>
<P>(5) High-voltage motor and shearer circuits must be provided with instantaneous ground-fault protection set at not more than 0.125-ampere. 
</P>
<P>(6) Time-delay settings of ground-fault protective devices used to provide coordination with the instantaneous ground-fault protection of motor and shearer circuits must not exceed 0.25-second. 
</P>
<P>(7) Undervoltage protection must be provided by a device which operates on loss of voltage to cause and maintain the interruption of power to a circuit to prevent automatic restarting of the equipment. 
</P>
<P>(b) Current transformers used for the ground-fault protection specified in paragraphs (a)(4)(i) and (5) of this section must be single window-type and must be installed to encircle all three phase conductors. Equipment safety grounding conductors must not pass through or be connected in series with ground-fault current transformers. 
</P>
<P>(c) Each ground-fault current device specified in paragraphs (a)(4)(i) and (5) of this section must be provided with a test circuit that will inject a primary current of 50 percent or less of the current rating of the grounding resistor through the current transformer and cause each corresponding circuit-interrupting device to open. 
</P>
<P>(d) Circuit-interrupting devices must not reclose automatically. 
</P>
<P>(e) Where two or more high-voltage cables are used to supply power to a common bus in a high-voltage enclosure, each cable must be provided with ground-wire monitoring. The ground-wire monitoring circuits must cause deenergization of each cable when either the ground-monitor or grounding conductor(s) of any cable become severed or open. On or after May 10, 2002, parallel connected cables on newly installed longwalls must be protected as follows: 
</P>
<P>(1) When one circuit-interrupting device is used to protect parallel connected cables, the circuit-interrupting device must be electrically interlocked with the cables so that the device will open when any cable is disconnected; or 
</P>
<P>(2) When two or more parallel circuit-interrupting devices are used to protect parallel connected cables, the circuit-interrupting devices must be mechanically and electrically interlocked. Mechanical interlocking must cause all devices to open simultaneously and electrical interlocking must cause all devices to open when any cable is disconnected. 


</P>
</DIV8>


<DIV8 N="§ 75.815" NODE="30:1.0.1.12.38.9.216.24" TYPE="SECTION">
<HEAD>§ 75.815   Disconnect devices.</HEAD>
<P>(a) The section power center must be equipped with a main disconnecting device installed to deenergize all cables extending to longwall equipment when the device is in the “open” position. See Figures I-1 and I-2 in Appendix A to this subpart I. 
</P>
<P>(b) Disconnecting devices for motor-starter enclosures must be maintained in accordance with the approval requirements of paragraph (f) of § 18.53 of part 18 of this chapter. The compartment for the disconnect device must be provided with a caution label to warn miners against entering the compartment before deenergizing the incoming high-voltage circuits to the compartment. 
</P>
<P>(c) Disconnecting devices must be rated for the maximum phase-to-phase voltage of the circuit in which they are installed, and for the full-load current of the circuit that is supplied power through the device. 
</P>
<P>(d) Each disconnecting device must be designed and installed so that— 
</P>
<P>(1) Visual observation determines that the contacts are open without removing any cover; 
</P>
<P>(2) All load power conductors can be grounded when the device is in the “open” position; and 
</P>
<P>(3) The device can be locked in the “open” position. 
</P>
<P>(e) Disconnecting devices, except those installed in explosion-proof enclosures, must be capable of interrupting the full-load current of the circuit or designed and installed to cause the current to be interrupted automatically prior to the opening of the contacts of the device. Disconnecting devices installed in explosion-proof enclosures must be maintained in accordance with the approval requirements of paragraph (f)(2)(iv) of § 18.53 of part 18 of this chapter. 


</P>
</DIV8>


<DIV8 N="§ 75.816" NODE="30:1.0.1.12.38.9.216.25" TYPE="SECTION">
<HEAD>§ 75.816   Guarding of cables.</HEAD>
<P>(a) High-voltage cables must be guarded at the following locations: 
</P>
<P>(1) Where persons regularly work or travel over or under the cables. 
</P>
<P>(2) Where the cables leave cable handling or support systems to extend to electric components. 
</P>
<P>(b) Guarding must minimize the possibility of miners contacting the cables and protect the cables from damage. The guarding must be made of grounded metal or nonconductive flame-resistant material. 


</P>
</DIV8>


<DIV8 N="§ 75.817" NODE="30:1.0.1.12.38.9.216.26" TYPE="SECTION">
<HEAD>§ 75.817   Cable handling and support systems.</HEAD>
<P>Longwall mining equipment must be provided with cable-handling and support systems that are constructed, installed and maintained to minimize the possibility of miners contacting the cables and to protect the high-voltage cables from damage. 


</P>
</DIV8>


<DIV8 N="§ 75.818" NODE="30:1.0.1.12.38.9.216.27" TYPE="SECTION">
<HEAD>§ 75.818   Use of insulated cable handling equipment.</HEAD>
<P>(a) Energized high-voltage cables must not be handled except when motor or shearer cables need to be trained. When cables need to be trained, high-voltage insulated gloves, mitts, hooks, tongs, slings, aprons, or other personal protective equipment capable of providing protection against shock hazard must be used to prevent direct contact with the cable. 
</P>
<P>(b) High-voltage insulated gloves, sleeves, and other insulated personal protective equipment must— 
</P>
<P>(1) Have a voltage rating of at least Class 1 (7,500 volts) that meets or exceeds ASTM F496-97, “Standard Specification for In-Service Care of Insulating Gloves and Sleeves” (1997). 
</P>
<P>(2) Be examined before each use for visible signs of damage; 
</P>
<P>(3) Be removed from the underground area of the mine or destroyed when damaged or defective; and 
</P>
<P>(4) Be electrically tested every 6 months in accordance with publication ASTM F496-97. ASTM F496-97 (Standard Specification for In-Service Care of Insulating Gloves and Sleeves, 1997) is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> In addition, copies of the document can be purchased from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; <I>http://www.astm.org.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
</P>
<CITA TYPE="N">[67 FR 11001, Mar. 11, 2002, as amended at 67 FR 38386, June 4, 2002; 71 FR 16668, Apr. 3, 2006; 80 FR 52992, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 75.819" NODE="30:1.0.1.12.38.9.216.28" TYPE="SECTION">
<HEAD>§ 75.819   Motor-starter enclosures; barriers and interlocks.</HEAD>
<P>Compartment separation and cover interlock switches for motor-starter enclosures must be maintained in accordance with the approval requirements of paragraphs (a) and (b) of § 18.53 of part 18 of this chapter. 


</P>
</DIV8>


<DIV8 N="§ 75.820" NODE="30:1.0.1.12.38.9.216.29" TYPE="SECTION">
<HEAD>§ 75.820   Electrical work; troubleshooting and testing.</HEAD>
<P>(a) Electrical work on all circuits and equipment associated with high-voltage longwalls must be performed only by persons qualified under § 75.153 to perform electrical work on all circuits and equipment. 
</P>
<P>(b) Prior to performing electrical work, except for troubleshooting and testing of energized circuits and equipment as provided for in paragraph (d) of this section, a qualified person must do the following: 
</P>
<P>(1) Deenergize the circuit or equipment with a circuit-interrupting device. 
</P>
<P>(2) Open the circuit disconnecting device. On high-voltage circuits, ground the power conductors until work on the circuit is completed. 
</P>
<P>(3) Lock out the disconnecting device with a padlock. When more than one qualified person is performing work, each person must install an individual padlock. 
</P>
<P>(4) Tag the disconnecting device to identify each person working and the circuit or equipment on which work is being performed. 
</P>
<P>(c) Each padlock and tag must be removed only by the person who installed them, except that, if that person is unavailable at the mine, the lock and tag may be removed by a person authorized by the operator, provided— 
</P>
<P>(1) The authorized person is qualified under paragraph (a) of this section; and 
</P>
<P>(2) The operator ensures that the person who installed the lock and tag is aware of the removal before that person resumes work on the affected circuit or equipment. 
</P>
<P>(d) Troubleshooting and testing of energized circuits must be performed only— 
</P>
<P>(1) On low- and medium-voltage circuits; 
</P>
<P>(2) When the purpose of troubleshooting and testing is to determine voltages and currents; and 
</P>
<P>(3) By persons qualified to perform electrical work and who wear protective gloves on circuits that exceed 40 volts in accordance with the following table: 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Circuit voltage 
</TH><TH class="gpotbl_colhed" scope="col">Type of glove required 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Greater than 120 volts (nominal) (not intrinsically safe)</TD><TD align="left" class="gpotbl_cell">Rubber insulating gloves with leather protectors. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 volts to 120 volts (nominal) (both intrinsically safe and non-intrinsically safe)</TD><TD align="left" class="gpotbl_cell">Either rubber insulating gloves with leather protectors or dry work gloves. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Greater than 120 volts (nominal) (intrinsically safe)</TD><TD align="left" class="gpotbl_cell">Either rubber insulating gloves with leather protectors or dry work gloves.</TD></TR></TABLE></DIV></DIV>
<P>(4) Rubber insulating gloves must be rated at least for the nominal voltage of the circuit when the voltage of the circuit exceeds 120 volts nominal and is not intrinsically safe. 
</P>
<P>(e) Before troubleshooting and testing a low- or medium-voltage circuit contained in a compartment with a high-voltage circuit, the high-voltage circuit must be deenergized, disconnected, grounded, locked out and tagged in accordance with paragraph (b) of this section. 
</P>
<P>(f) Prior to the installation or removal of conveyor belt structure, high-voltage cables extending from the section power center to longwall equipment and located in the belt entries must be: 
</P>
<P>(1) Deenergized; or 
</P>
<P>(2) Guarded in accordance with § 75.816 of this part, at the location where the belt structure is being installed or removed; or 
</P>
<P>(3) Located at least 6.5 feet above the mine floor. 


</P>
</DIV8>


<DIV8 N="§ 75.821" NODE="30:1.0.1.12.38.9.216.30" TYPE="SECTION">
<HEAD>§ 75.821   Testing, examination and maintenance.</HEAD>
<P>(a) At least once every 7 days, a person qualified in accordance with § 75.153 to perform electrical work on all circuits and equipment must test and examine each unit of high-voltage longwall equipment and circuits to determine that electrical protection, equipment grounding, permissibility, cable insulation, and control devices are being properly maintained to prevent fire, electrical shock, ignition, or operational hazards from existing on the equipment. Tests must include activating the ground-fault test circuit as required by § 75.814(c). 
</P>
<P>(b) Each ground-wire monitor and associated circuits must be examined and tested at least once each 30 days to verify proper operation and that it will cause the corresponding circuit-interrupting device to open. 
</P>
<P>(c) When examinations or tests of equipment reveal a fire, electrical shock, ignition, or operational hazard, the equipment must be removed from service immediately or repaired immediately. 
</P>
<P>(d) At the completion of examinations and tests required by this section, the person who makes the examinations and tests must certify by signature and date that they have been conducted. A record must be made of any unsafe condition found and any corrective action taken. Certifications and records must be kept for at least one year and must be made available for inspection by authorized representatives of the Secretary and representatives of miners. 


</P>
</DIV8>


<DIV8 N="§ 75.822" NODE="30:1.0.1.12.38.9.216.31" TYPE="SECTION">
<HEAD>§ 75.822   Underground high-voltage longwall cables.</HEAD>
<P>In addition to the high-voltage cable design specifications in § 75.804 of this part, high-voltage cables for use on longwalls may be a type SHD cable with a center ground-check conductor no smaller than a No. 16 AWG stranded conductor. The cables must be MSHA accepted as flame-resistant under part 18 or approved under subpart K of part 7.


</P>
</DIV8>


<DIV8 N="§ 75.823" NODE="30:1.0.1.12.38.9.216.32" TYPE="SECTION">
<HEAD>§ 75.823   Scope.</HEAD>
<P>Sections 75.823 through 75.834 of this part are electrical safety standards applicable to 2,400 volt continuous mining machines and circuits. A “qualified person” as used in these sections means a person meeting the requirements of § 75.153. Other standards in 30 CFR apply to these circuits and equipment where appropriate.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.824" NODE="30:1.0.1.12.38.9.216.33" TYPE="SECTION">
<HEAD>§ 75.824   Electrical protection.</HEAD>
<P>(a) <I>Trailing cable protection.</I> The trailing cable extending to the high-voltage continuous mining machine must be protected by a circuit-interrupting device of adequate interrupting capacity and voltage that provides short-circuit, overload, ground-fault, and under-voltage protection as follows:
</P>
<P>(1) <I>Short-circuit protection.</I>
</P>
<P>(i) The current setting of the device must be the setting specified in the approval documentation or 75 percent of the minimum available phase-to-phase short-circuit current, whichever is less; and
</P>
<P>(ii) The time-delay setting must not exceed 0.050 seconds.
</P>
<P>(2) <I>Ground-fault protection.</I>
</P>
<P>(i) Neutral grounding resistors must limit the ground-fault current to no more than 0.5 ampere.
</P>
<P>(ii) Ground-fault devices must cause de-energization of the circuit extending to the continuous mining machine at not more than 0.125 ampere. The time-delay of the device must not exceed 0.050 seconds.
</P>
<P>(iii) Look-ahead circuits must detect a ground-fault condition and prevent the circuit-interrupting device from closing as long as the ground-fault condition exists.
</P>
<P>(iv) Backup ground-fault devices must cause de-energization of the circuit extending to the continuous mining machine at not more than 40 percent of the voltage developed across the neutral grounding resistor when a ground fault occurs with the neutral grounding resistor open. The time-delay setting of the backup device must not exceed 0.25 seconds.
</P>
<P>(v) Thermal devices must detect a sustained ground-fault current in the neutral grounding resistor and must de-energize the incoming power. The device must operate at either 50 percent of the maximum temperature rise of the neutral grounding resistor or 302 °F (150 °C), whichever is less. Thermal protection must not be dependent on control power and may consist of a current transformer and over-current relay in the neutral grounding resistor circuit.
</P>
<P>(vi) A single window-type current transformer that encircles all three-phase conductors must be used to activate the ground-fault device protecting the continuous mining machine. Equipment grounding conductors must not pass through the current transformer.
</P>
<P>(vii) A test circuit for the ground-fault device must be provided. The test circuit must inject no more than 50 percent of the current rating of the neutral grounding resistor through the current transformer. When the test circuit is activated, the circuit-interrupting device must open.
</P>
<P>(3) <I>Under-voltage protection.</I> The under-voltage device must operate on a loss of voltage, de-energize the circuit, and prevent the equipment from automatically restarting.
</P>
<P>(b) <I>Re-closing.</I> Circuit-interrupting devices must not re-close automatically.
</P>
<P>(c) <I>Onboard Power Circuits.</I> When a grounded-phase indicator light circuit is used and it indicates a grounded-phase fault, the following corrective actions must be taken:
</P>
<P>(1) The machine must be moved immediately to a location with a properly supported roof; and
</P>
<P>(2) The grounded-phase condition must be located and corrected prior to placing the continuous mining machine back into operation.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.825" NODE="30:1.0.1.12.38.9.216.34" TYPE="SECTION">
<HEAD>§ 75.825   Power centers.</HEAD>
<P>(a) <I>Main disconnecting switch.</I> The power center supplying high voltage power to the continuous mining machine must be equipped with a main disconnecting switch that, when in the open position, de-energizes input to all power transformers.
</P>
<P>(b) <I>Trailing cable disconnecting device.</I> In addition to the main disconnecting switch required in paragraph (a) of this section, the power center must be equipped with a disconnecting device for each circuit that supplies power to a high-voltage continuous mining machine. A disconnecting device is defined as a disconnecting switch or a cable coupler.
</P>
<P>(c) <I>Disconnecting switches.</I> Each disconnecting switch must be labeled to clearly identify the circuit it disconnects, and be designed and installed as follows:
</P>
<P>(1) Rated for the maximum phase-to-phase voltage of the circuit;
</P>
<P>(2) Rated for the full-load current of the circuit that is supplied power through the device.
</P>
<P>(3) Allow for visual observation, without removing any covers, to verify that the contacts are open;
</P>
<P>(4) Ground all power conductors on the load side when the switch is in the “open and grounded” position;
</P>
<P>(5) Can only be locked out in the “open and grounded” position; and
</P>
<P>(6) Safely interrupts the full-load current of the circuit or causes the current to be interrupted automatically before the disconnecting switch opens.
</P>
<P>(d) <I>Barriers and covers.</I> All compartments that provide access to high-voltage circuits must have barriers and/or covers to prevent miners from contacting energized high-voltage circuits.
</P>
<P>(e) <I>Main disconnecting switch and control circuit interlocking.</I> The control circuit must be interlocked with the main disconnecting switch in the power center so that:
</P>
<P>(1) When the main disconnecting switch is in the “open” position, the control circuit can only be powered through an auxiliary switch in the “test” position; and
</P>
<P>(2) When the main disconnecting switch is in the “closed” position, the control circuit can only be powered through an auxiliary switch in the “normal” position.
</P>
<P>(f) <I>Interlocks.</I> Each cover or removable barrier providing access to high-voltage circuits must be equipped with at least two interlock switches. Except when the auxiliary switch is on the “test” position, removal of any cover or barrier that exposes energized high-voltage circuits must cause the interlock switches to automatically de-energize the incoming circuit to the power center.
</P>
<P>(g) <I>Emergency stop switch.</I> The power center must be equipped with an externally accessible emergency stop switch hard-wired into the incoming ground-wire monitor circuit that de-energizes the incoming high-voltage in the event of an emergency.
</P>
<P>(h) <I>Grounding stick.</I> The power center must be equipped with a grounding stick to be used prior to performing electrical work to assure that high-voltage capacitors are discharged and circuits are de-energized. The power center must have a label readily identifying the location of the grounding stick. The grounding stick must be stored in a dry location.
</P>
<P>(i) <I>Caution label.</I> All compartments providing access to energized high-voltage conductors and parts must display a caution label to warn miners against entering the compartments before de-energizing incoming high-voltage circuits.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.826" NODE="30:1.0.1.12.38.9.216.35" TYPE="SECTION">
<HEAD>§ 75.826   High-voltage trailing cables.</HEAD>
<P>High-voltage trailing cables must:
</P>
<P>(a) Meet existing trailing cable requirements and the approval requirements of the high-voltage continuous mining machine; and
</P>
<P>(b) Meet existing ground-check conductor requirements (§ 75.804) or have a stranded center ground-check conductor not smaller than a No. 16 A.W.G.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.827" NODE="30:1.0.1.12.38.9.216.36" TYPE="SECTION">
<HEAD>§ 75.827   Guarding of trailing cables.</HEAD>
<P>(a) <I>Guarding.</I> (1) The high-voltage cable must be guarded in the following locations:
</P>
<P>(i) From the power center cable coupler for a distance of 10 feet inby the power center;
</P>
<P>(ii) From the entrance gland for a distance of 10 feet outby the last strain clamp on the continuous mining machine; and,
</P>
<P>(iii) At any location where the cable could be damaged by moving equipment.
</P>
<P>(2) Guarding must be constructed using nonconductive flame-resistant material or grounded metal.
</P>
<P>(b) <I>Suspended cables and cable crossovers.</I> When equipment must cross any portion of the cable, the cable must be either:
</P>
<P>(1) Suspended from the mine roof; or
</P>
<P>(2) Protected by a cable crossover having the following specifications:
</P>
<P>(i) A minimum length of 33 inches;
</P>
<P>(ii) A minimum width of 17 inches;
</P>
<P>(iii) A minimum height of 3 inches;
</P>
<P>(iv) A minimum cable placement area of two and one half-inches (2
<FR>1/2</FR>″) high by four and one-quarter inches (4
<FR>1/4</FR>″) wide;
</P>
<P>(v) Made of nonconductive material;
</P>
<P>(vi) Made of material with a distinctive color. The color black must not be used; and
</P>
<P>(vii) Made of material that has a minimum compressive strength of 6,400 pounds per square inch (psi).
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.828" NODE="30:1.0.1.12.38.9.216.37" TYPE="SECTION">
<HEAD>§ 75.828   Trailing cable pulling.</HEAD>
<P>The trailing cable must be de-energized prior to being pulled by any equipment other than the continuous mining machine. The cable manufacturer's recommended pulling procedures must be followed when pulling the trailing cable with equipment other than the continuous mining machine.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.829" NODE="30:1.0.1.12.38.9.216.38" TYPE="SECTION">
<HEAD>§ 75.829   Tramming continuous mining machines in and out of the mine and from section to section.</HEAD>
<P>(a) <I>Conditions of use.</I> Tramming the continuous mining machine in and out of the mine and from section to section must be done in accordance with movement requirements of high-voltage power centers and portable transformers (§ 75.812) and as follows:
</P>
<P>(1) The power source must not be located in areas where permissible equipment is required;
</P>
<P>(2) The continuous mining machine must not be used for mining or cutting purposes, unless a power center is used in accordance with §§ 75.823 through 75.828 and §§ 75.830 through 75.833;
</P>
<P>(3) Low-, medium-, and high-voltage cables must comply with §§ 75.600-1, 75.907, and 75.826, as applicable; and
</P>
<P>(4) The energized high-voltage cable must be mechanically secured onboard the continuous mining machine. This provision applies only when using the power sources specified in paragraphs (c)(2) and (c)(3) of this section.
</P>
<P>(b) <I>Testing prior to tramming.</I> Prior to tramming the continuous mining machine,
</P>
<P>(1) A qualified person must activate the ground-fault and ground-wire monitor test circuits of the power sources specified in paragraph (c) of this section to assure that the corresponding circuit-interrupting device opens the circuit. Corrective actions and recordkeeping resulting from these tests must be in accordance with §§ 75.832(f) and (g).
</P>
<P>(2) Where applicable, a person designated by the mine operator must activate the test circuit for the grounded-phase detection circuit on the continuous mining machine to assure that the detection circuit is functioning properly. Corrective actions resulting from this test must be in accordance with § 75.832(f).
</P>
<P>(c) <I>Power sources.</I> In addition to the power center specified in § 75.825, the following power sources may be used to tram the continuous mining machine.
</P>
<P>(1) <I>Medium-voltage power source.</I> A medium-voltage power source is a source that supplies 995 volts through a trailing cable (See Figure 1 of this section) to the continuous mining machine. The medium-voltage power source must—
</P>
<P>(i) Not be used to back-feed the high-voltage circuits of the continuous mining machine; and
</P>
<P>(ii) Meet all applicable requirements for medium-voltage circuits in 30 CFR 75.
</P>
<img src="/graphics/er06ap10.002.gif"/>
<P>(2) <I>Step-up transformer.</I> A step-up transformer is a transformer that steps up the low or medium voltage to high voltage (See Figure 2 in this section) and must meet the following requirements:
</P>
<P>(i) The trailing cable supplying low or medium voltage to the step-up transformer must meet the applicable requirements of 30 CFR part 75;
</P>
<P>(ii) The high-voltage circuit output of the step-up transformer supplying power to the continuous mining machine must meet the applicable provisions of § 75.824;
</P>
<P>(iii) The step-up transformer enclosure must be—
</P>
<P>(A) Securely mounted to minimize vibration on:
</P>
<P>(<I>1</I>) The continuous mining machine; or
</P>
<P>(<I>2</I>) A sled/cart that must be connected to the continuous mining machine by a tow-bar and be in close proximity to the mining machine.
</P>
<P>(B) Grounded as follows:
</P>
<P>(<I>1</I>) Connected to the incoming ground conductor of the low- or medium-voltage trailing cable;
</P>
<P>(<I>2</I>) Bonded by a No. 1/0 A.W.G. or larger external grounding conductor to the continuous mining machine frame; and
</P>
<P>(<I>3</I>) Bonded by a No. 1/0 A.W.G. or larger external grounding conductor to the metallic shell of each cable coupler.
</P>
<P>(C) Equipped with:
</P>
<P>(<I>1</I>) At least two interlock switches for each of the enclosure covers; and
</P>
<P>(<I>2</I>) An external emergency stop switch to remove input power to the step-up transformer.
</P>
<img src="/graphics/er06ap10.003.gif"/>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.830" NODE="30:1.0.1.12.38.9.216.39" TYPE="SECTION">
<HEAD>§ 75.830   Splicing and repair of trailing cables.</HEAD>
<P>(a) <I>Splices and repairs.</I> (1) Splicing means the mechanical joining of one or more severed conductors in a single length of a cable including the replacement of: Insulation, semi-conductive tape, metallic shielding, and the outer jacket(s).
</P>
<P>(2) Repair means to fix damage to any component of the cable other than the conductor.
</P>
<P>(3) Splices and repairs to high-voltage trailing cables must be made:
</P>
<P>(i) Only by a qualified person trained in the proper methods of splicing and repairing high-voltage trailing cables;
</P>
<P>(ii) In a workman-like manner;
</P>
<P>(iii) In accordance with § 75.810; and
</P>
<P>(iv) Using only MSHA-approved high-voltage kits that include instructions for outer-jacket repairs and splices.
</P>
<P>(b) <I>Splicing limitations.</I> (1) Splicing of the high-voltage trailing cable within 35 feet of the continuous mining machine is prohibited.
</P>
<P>(2) Only four (4) splices will be allowed at any one time for the portion of the trailing cable that extends from the continuous miner outby for a distance of 300 feet.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.831" NODE="30:1.0.1.12.38.9.216.40" TYPE="SECTION">
<HEAD>§ 75.831   Electrical work; troubleshooting and testing.</HEAD>
<P>(a) <I>Trailing cable and continuous mining machine electrical work procedures.</I> Prior to performing electrical work, other than troubleshooting and testing, on the high-voltage trailing cable or the continuous mining machine, a qualified person must de-energize the power center and follow procedures specified in paragraph (1) or (2):
</P>
<P>(1) If a trailing cable disconnecting switch is provided:
</P>
<P>(i) Open and ground the power conductors, lock out and tag the disconnecting switch; and
</P>
<P>(ii) Lock out and tag the plug to the power receptacle.
</P>
<P>(2) If a trailing cable disconnecting switch is not provided and a cable coupler is used as a disconnecting device:
</P>
<P>(i) Remove the plug from the power receptacle and connect it to the grounding receptacle;
</P>
<P>(ii) Lock out and tag the plug to the grounding receptacle; and
</P>
<P>(iii) Place a dust cover over the power receptacle.
</P>
<P>(b) <I>Troubleshooting and testing the trailing cable.</I> During troubleshooting and testing, the de-energized high-voltage cable may be disconnected from the power center only for that period of time necessary to locate the defective condition. Prior to troubleshooting and testing trailing cables, a qualified person must perform the following:
</P>
<P>(1) If a trailing cable disconnecting switch is provided:
</P>
<P>(i) Open and ground power conductors and lock out and tag the disconnecting switch;
</P>
<P>(ii) Disconnect the plug from the power receptacle;
</P>
<P>(iii) Lock out and tag the plug; and
</P>
<P>(iv) Place a dust cover over the power receptacle.
</P>
<P>(2) If a trailing cable disconnecting switch is not provided and a cable coupler is used as a disconnecting device:
</P>
<P>(i) Remove the plug from the power receptacle and connect it to the grounding receptacle to ground the power conductors;
</P>
<P>(ii) Remove the plug from the grounding receptacle and install a lock and tag on the plug; and
</P>
<P>(iii) Place a dust cover over the power receptacle.
</P>
<P>(c) <I>Troubleshooting and testing limitations.</I> Troubleshooting and testing energized circuits must be performed only:
</P>
<P>(1) On low- and medium-voltage circuits;
</P>
<P>(2) When the purpose of troubleshooting and testing is to determine voltages and currents;
</P>
<P>(3) By qualified persons; and
</P>
<P>(4) When using protective gloves in accordance with the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Circuit voltage
</TH><TH class="gpotbl_colhed" scope="col">Type of glove required
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Greater than 120 volts (nominal) (not intrinsically safe)</TD><TD align="left" class="gpotbl_cell">Rubber insulating gloves with leather protectors.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40 volts to 120 volts (nominal) (both intrinsically safe and non-intrinsically safe)</TD><TD align="left" class="gpotbl_cell">Either rubber insulating gloves with leather protectors or dry work gloves.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Greater than 120 volts (nominal) (intrinsically safe)</TD><TD align="left" class="gpotbl_cell">Either rubber insulating gloves with leather protectors or dry work gloves.</TD></TR></TABLE></DIV></DIV>
<P>(d) <I>Power center electrical work procedures.</I> Before any work is performed inside any compartment of the power center, except for troubleshooting and testing energized circuits as specified in paragraph (c) of this section, a qualified person must:
</P>
<P>(1) De-energize affected circuits;
</P>
<P>(2) Open the corresponding disconnecting switch, lock it out, and tag it to assure the circuit is isolated;
</P>
<P>(3) Visually verify that the contacts of the disconnecting switch are open and grounded; and
</P>
<P>(4) Discharge all high-voltage capacitors and circuits.
</P>
<P>(e) <I>Locking out and tagging responsibilities.</I> (1) When more than one qualified person is performing electrical work, including troubleshooting and testing, each person must install an individual lock and tag. Each lock and tag must be removed only by the persons who installed them.
</P>
<P>(2) If the person who installed the lock and tag is unavailable, the lock and tag may be removed by a person authorized by the operator, provided that:
</P>
<P>(i) The authorized person is a qualified person; and
</P>
<P>(ii) The mine operator assures that the person who installed the lock and tag is aware that the lock and tag have been removed.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.832" NODE="30:1.0.1.12.38.9.216.41" TYPE="SECTION">
<HEAD>§ 75.832   Frequency of examinations; recordkeeping.</HEAD>
<P>(a) <I>Continuous mining machine examination.</I> At least once every 7 days, a qualified person must examine each high-voltage continuous mining machine to verify that electrical protection, equipment grounding, permissibility, cable insulation, and control devices are properly installed and maintained.
</P>
<P>(b) <I>Ground-fault test circuit.</I> At least once every 7 days, and prior to tramming the high-voltage continuous mining machine, a qualified person must activate the ground-fault test circuit to verify that it will cause the corresponding circuit-interrupting device to open.
</P>
<P>(c) <I>Ground-wire monitor test.</I> At least once every 7 days, and prior to tramming the high-voltage continuous mining machine, a qualified person must examine and test each high-voltage continuous mining machine ground-wire monitor circuit to verify that it will cause the corresponding circuit-interrupting device to open.
</P>
<P>(d) <I>Trailing cable inspections.</I> (1) Once each day during the shift that the continuous mining machine is first energized, a qualified person must de-energize and inspect the entire length of the high-voltage trailing cable from the power center to the continuous mining machine. The inspection must include examination of the outer jacket repairs and splices for damage, and assure guarding is provided where required.
</P>
<P>(2) At the beginning of each shift that the continuous mining machine is energized, a person designated by the mine operator must de-energize and visually inspect the high-voltage trailing cable for damage to the outer jacket. This inspection must be conducted from the continuous mining machine to the following locations:
</P>
<P>(i) The last open crosscut;
</P>
<P>(ii) Within 150 feet of the working place during retreat or second mining; or
</P>
<P>(iii) Up to 150 feet from the continuous mining machine when the machine is used in outby areas.
</P>
<P>(e) <I>Grounded-phase detection test.</I> When a grounded-phase test circuit is provided on a high-voltage continuous mining machine, a person designated by the mine operator must activate the test circuit at the beginning of each production shift to assure that the detection circuit is functioning properly.
</P>
<P>(f) <I>Corrective action.</I> When examinations or tests of equipment reveal a risk of fire, electrical shock, ignition, or operational hazard, the equipment must be immediately removed from service or repaired.
</P>
<P>(g) <I>Record of tests.</I> (1) At the completion of examinations and tests required under paragraphs (a), (b), and (c) of this section, the person conducting the examinations and tests must:
</P>
<P>(i) Certify by signature and date that the examinations and tests have been conducted.
</P>
<P>(ii) Make a record of any unsafe condition found.
</P>
<P>(2) Any corrective action(s) must be recorded by the person taking the corrective action.
</P>
<P>(3) The record must be countersigned by the mine foreman or equivalent mine official by the end of the mine foreman's or the equivalent mine official's next regularly scheduled working shift.
</P>
<P>(4) Records must be maintained in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration.
</P>
<P>(5) Certifications and records must be kept for at least 1 year and must be made available for inspection by authorized representatives of the Secretary and representatives of miners.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.833" NODE="30:1.0.1.12.38.9.216.42" TYPE="SECTION">
<HEAD>§ 75.833   Handling high-voltage trailing cables.</HEAD>
<P>(a) <I>Cable handling.</I> (1) Miners must not handle energized trailing cables unless they are wearing high-voltage insulating gloves, which include the rubber gloves and leather outer protector gloves, or are using insulated cable handling tools that meet the requirements of paragraph (c) or (d) of this section.
</P>
<P>(2) Miners must not handle energized high-voltage cables with any parts of their bodies except by hand in accordance with paragraph (1) above.
</P>
<P>(b) <I>Availability.</I> Each mine operator must make high-voltage insulating gloves or insulated cable handling tools available to miners handling energized high-voltage trailing cables.
</P>
<P>(c) <I>High-voltage insulating gloves.</I> High-voltage insulating gloves must meet the following requirements:
</P>
<P>(1) The rubber gloves must be designed and maintained to have a voltage rating of at least Class 1 (7,500 volts) and tested every 30 days in accordance with publication ASTM F496-02a, “Standard Specification for In-Service Care of Insulating Gloves and Sleeves” (2002). The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 522(a) and 1 CFR part 51. ASTM F496-02a may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, call 610-832-9500 or go to <I>http://www.astm.org.</I> ASTM F496-02a is available for inspection at any MSHA Coal Mine Safety and Health District Office, at the MSHA Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(2) The rubber glove portion must be air-tested at the beginning of each shift to assure its effectiveness.
</P>
<P>(3) Both the leather protector and rubber insulating gloves must be visually examined before each use for signs of damage or defects.
</P>
<P>(4) Damaged rubber gloves must be removed from the underground area of the mine or destroyed. Leather protectors must be maintained in good condition or replaced.
</P>
<P>(d) <I>Insulated cable handling tools.</I> Insulated cable handling tools must be:
</P>
<P>(1) Rated and properly maintained to withstand at least 7,500 volts;
</P>
<P>(2) Designed and manufactured for cable handling;
</P>
<P>(3) Visually examined before each use for signs of damage or defects; and
</P>
<P>(4) Removed from the underground area of the mine or destroyed if damaged or defective.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010, as amended at 80 FR 52992, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 75.834" NODE="30:1.0.1.12.38.9.216.43" TYPE="SECTION">
<HEAD>§ 75.834   Training.</HEAD>
<P>In addition to existing part 48 task training, hazard training, training for qualified persons under existing § 75.153, and annual refresher training, the following specialized training shall be provided and specified in the part 48 plan:
</P>
<P>(a) Training for miners who perform maintenance on high-voltage continuous mining machines in high-voltage safety, testing, and repair and maintenance procedures.
</P>
<P>(b) Training for personnel who work in the vicinity of high-voltage continuous mining machines in safety procedures and precautions for moving the high-voltage machines or the trailing cables.
</P>
<CITA TYPE="N">[75 FR 17549, Apr. 6, 2010]



</CITA>
</DIV8>

</DIV7>


<DIV9 N="Appendix A" NODE="30:1.0.1.12.38.9.217.44.12" TYPE="APPENDIX">
<HEAD>Appendix A to Subpart I of Part 75—Diagrams of Inby and Outby Switching

</HEAD>
<img src="/graphics/er17ap02.030.gif"/>
<CITA TYPE="N">[67 FR 11001, Mar. 11, 2002; 67 FR 18823, Apr. 17, 2002]



</CITA>
</DIV9>

</DIV6>


<DIV6 N="J" NODE="30:1.0.1.12.38.10" TYPE="SUBPART">
<HEAD>Subpart J—Underground Low- and Medium-Voltage Alternating Current Circuits</HEAD>


<DIV8 N="§ 75.900" NODE="30:1.0.1.12.38.10.217.1" TYPE="SECTION">
<HEAD>§ 75.900   Low- and medium-voltage circuits serving three-phase alternating current equipment; circuit breakers.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Low- and medium-voltage power circuits serving three-phase alternating current equipment shall be protected by suitable circuit breakers of adequate interrupting capacity which are properly tested and maintained as prescribed by the Secretary. Such breakers shall be equipped with devices to provide protection against undervoltage, grounded phase, short circuit, and overcurrent. 


</P>
</DIV8>


<DIV8 N="§ 75.900-1" NODE="30:1.0.1.12.38.10.217.2" TYPE="SECTION">
<HEAD>§ 75.900-1   Circuit breakers; location.</HEAD>
<P>Circuit breakers used to protect low-and medium-voltage circuits underground shall be located in areas which are accessible for inspection, examination, and testing, have safe roofs, and are clear of any moving equipment used in haulageways. 


</P>
</DIV8>


<DIV8 N="§ 75.900-2" NODE="30:1.0.1.12.38.10.217.3" TYPE="SECTION">
<HEAD>§ 75.900-2   Approved circuit schemes.</HEAD>
<P>The following circuit schemes will be regarded as providing the necessary protection to the circuit required by § 75.900: 
</P>
<P>(a) Ground check relays may be used for undervoltage protection if the relay coils are designed to trip the circuit breaker when line voltage decreases to 40 to 60 percent of the nominal line voltage. 
</P>
<P>(b) One undervoltage device installed in the main secondary circuit at the source transformer may be used to provide undervoltage protection for each circuit that receives power from that transformer. 
</P>
<P>(c) One circuit breaker may be used to protect two or more branch circuits if the circuit breaker is adjusted to afford overcurrent protection for the smallest conductor. 
</P>
<P>(d) Circuit breakers with shunt trip, series trip or undervoltage release devices may be used if the tripping elements of such devices are selected or adjusted in accordance with the settings listed in the tables of the National Electric Code, 1968. 


</P>
</DIV8>


<DIV8 N="§ 75.900-3" NODE="30:1.0.1.12.38.10.217.4" TYPE="SECTION">
<HEAD>§ 75.900-3   Testing, examination, and maintenance of circuit breakers; procedures.</HEAD>
<P>Circuit breakers protecting low- and medium-voltage alternating current circuits serving three-phase alternating current equipment and their auxiliary devices shall be tested and examined at least once each month by a person qualified as provided in § 75.153. In performing such tests, actuating any of the circuit breaker auxiliaries or control circuits in any manner which causes the circuit breaker to open, shall be considered a proper test. All components of the circuit breaker and its auxiliary devices shall be visually examined and such repairs or adjustments as are indicated by such tests and examinations shall be carried out immediately. 


</P>
</DIV8>


<DIV8 N="§ 75.900-4" NODE="30:1.0.1.12.38.10.217.5" TYPE="SECTION">
<HEAD>§ 75.900-4   Testing, examination, and maintenance of circuit breakers; record.</HEAD>
<P>The operator of any coal mine shall maintain a written record of each test, examination, repair, or adjustment of all circuit breakers protecting low- and medium-voltage circuits serving three-phase alternating current equipment used in the mine. Such record shall be kept in a book approved by the Secretary.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 75.901" NODE="30:1.0.1.12.38.10.217.6" TYPE="SECTION">
<HEAD>§ 75.901   Protection of low- and medium-voltage three-phase circuits used underground.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>(a) Low- and medium-voltage three-phase alternating-current circuits used underground shall contain either a direct or derived neutral which shall be grounded through a suitable resistor at the power center, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for the frames of all the electrical equipment supplied power from that circuit, except that the Secretary or his authorized representative may permit ungrounded low- and medium-voltage circuits to be used underground to feed such stationary electrical equipment if such circuits are either steel armored or installed in grounded rigid steel conduit throughout their entire length. The grounding resistor, where required, shall be of the proper ohmic value to limit the ground fault current to 25 amperes. The grounding resistor shall be rated for maximum fault current continuously and insulated from ground for a voltage equal to the phase-to-phase voltage of the system. 
</P>
<P>(b) Diesel-powered electrical generators used as an alternative to power centers for the purpose of moving equipment in, out, and around the mine, and to perform work in areas where permissible equipment is not required, must comply with the following:
</P>
<P>(1) The diesel engine powering the electrical generator must be approved under 30 CFR part 7, subpart E.
</P>
<P>(2) A grounding resistor rated for the phase-to-phase voltage of the system must be provided to limit the ground-fault current to not more than 0.5 amperes. The grounding resistor(s) must be located:
</P>
<P>(i) Between the wye-connected generator neutral and the generator frame; (see Figure I in Appendix A to subpart J of this part) or
</P>
<P>(ii) Between the wye-connected generator neutral and the generator frame and between the wye-connected transformer secondary and the transformer frame when an isolation transformer(s) is used and the generator is supplying power to the other equipment; (see Figure II in Appendix A to subpart J of this part) or
</P>
<P>(iii) Between the wye-connected generator neutral and the generator frame when an auto-transformer is used. (see Figure III in Appendix A to subpart J of this part)
</P>
<P>(3) Each three-phase output circuit of the generator must be equipped with a sensitive ground fault relay. The protective relay must be set to cause the circuit interrupting device that supplies power to the primary windings of each transformer to trip and shut down the diesel engine when a phase-to-frame fault of not more than 90 milliamperes occurs.
</P>
<P>(4) Each three-phase output circuit that supplies power to equipment must be equipped with an instantaneous sensitive ground-fault relay that will cause its respective circuit interrupting device(s) to trip and cause shutdown of the diesel engine when a phase-to-frame fault occurs. The grounded-phase protection must be set at not more than 90 milliamps. Current transformers used for the ground-fault protection must be single window-type and must be installed to encircle all three phase conductors. Equipment safety grounding conductors must not pass through or be connected in series with ground-fault current transformers.
</P>
<P>(5) Each three-phase circuit interrupting device must be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage, and ground wire monitoring protection. The instantaneous only trip unit for the circuit interrupting device(s) in use must be adjusted to trip at not more than 75 percent of the minimum available short circuit current at the point where the portable cable enters the equipment or the maximum allowable instantaneous settings specified in § 75.601-1, whichever is less.
</P>
<P>(6) The equipment portable cable length(s) must not exceed the length(s) specified in 30 CFR part 18, appendix I, table 9, Specifications for Cables Longer than 500 Feet.
</P>
<P>(7) Permanent label(s) listing the maximum circuit interrupting device setting(s) and maximum portable cable length(s) must be installed on each instantaneous trip unit or be maintained near each three-phase circuit interrupting device. The permanent label(s) must be maintained legibly.
</P>
<P>(8) The circuit interrupting device that supplies three-phase power circuit(s) to the equipment being powered must be limited to the use of only one circuit interrupting device at a time when equipment is being moved in, out, and around the mine.
</P>
<P>(9) The grounding system must include an MSHA-accepted ground wire monitor system that satisfies the requirements of § 75.902; or have a No. 1/0 or larger external grounding conductor to bond and ground the frames of all equipment to the frame of the generator.
</P>
<P>(10) All trailing cables extending from the generator to equipment must comply with § 75.907.
</P>
<P>(11) A strain relief device must be provided on each end of the trailing cables that extends between the generator and the piece of equipment being powered.
</P>
<P>(12) Prior to moving each piece of equipment or performing work, a functional test of each ground fault and ground wire monitor system must be performed by a qualified electrician who meets the requirements of § 75.153. The ground-fault circuit must be tested without subjecting the circuit to an actual grounded phase condition. A record of each test must be maintained and made available to authorized representatives of the Secretary and to the miners in such mine.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 70 FR 77736, Dec. 30, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 75.902" NODE="30:1.0.1.12.38.10.217.7" TYPE="SECTION">
<HEAD>§ 75.902   Low- and medium-voltage ground check monitor circuits.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>On or before September 30, 1970, low- and medium-voltage resistance grounded systems shall include a fail-safe ground check circuit to monitor continuously the grounding circuit to assure continuity which ground check circuit shall cause the circuit breaker to open when either the ground or pilot check wire is broken, or other no less effective device approved by the Secretary or his authorized representative to assure such continuity, except that an extension of time, not in excess of 12 months, may be permitted by the Secretary on a mine-by-mine basis if he determines that such equipment is not available. Cable couplers shall be constructed so that the ground check continuity conductor shall be broken first and the ground conductors shall be broken last when the coupler is being uncoupled. 


</P>
</DIV8>


<DIV8 N="§ 75.902-1" NODE="30:1.0.1.12.38.10.217.8" TYPE="SECTION">
<HEAD>§ 75.902-1   Maximum voltage ground check circuits.</HEAD>
<P>The maximum voltage used for such ground check circuits shall not exceed 40 volts. 


</P>
</DIV8>


<DIV8 N="§ 75.902-2" NODE="30:1.0.1.12.38.10.217.9" TYPE="SECTION">
<HEAD>§ 75.902-2   Approved ground check systems not employing pilot check wires.</HEAD>
<P>Ground check systems not employing pilot check wires will be approved only if it is determined that the system includes a fail safe design causing the circuit breaker to open when ground continuity is broken. 


</P>
</DIV8>


<DIV8 N="§ 75.902-4" NODE="30:1.0.1.12.38.10.217.10" TYPE="SECTION">
<HEAD>§ 75.902-4   Attachment of ground conductors and ground check wires to equipment frames; use of separate connections.</HEAD>
<P>In grounding equipment frames of all stationary, portable or mobile equipment receiving power from resistance grounded systems separate connections shall be used when practicable. 


</P>
</DIV8>


<DIV8 N="§ 75.903" NODE="30:1.0.1.12.38.10.217.11" TYPE="SECTION">
<HEAD>§ 75.903   Disconnecting devices.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Disconnecting devices shall be installed in conjunction with the circuit breaker to provide visual evidence that the power is disconnected. 


</P>
</DIV8>


<DIV8 N="§ 75.904" NODE="30:1.0.1.12.38.10.217.12" TYPE="SECTION">
<HEAD>§ 75.904   Identification of circuit breakers.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Circuit breakers shall be marked for identification. 


</P>
</DIV8>


<DIV8 N="§ 75.905" NODE="30:1.0.1.12.38.10.217.13" TYPE="SECTION">
<HEAD>§ 75.905   Connection of single-phase loads.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Single-phase loads shall be connected phase-to-phase. 


</P>
</DIV8>


<DIV8 N="§ 75.906" NODE="30:1.0.1.12.38.10.217.14" TYPE="SECTION">
<HEAD>§ 75.906   Trailing cables for mobile equipment, ground wires, and ground check wires.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trailing cables for mobile equipment shall contain one or more ground conductors having a cross-sectional area of not less than one-half the power conductor, and, on September 30, 1970, an insulated conductor for the ground continuity check circuit or other no less effective device approved by the Secretary or his authorized representative to assure such continuity, except that an extension of time, not in excess of 12 months may be permitted by the Secretary on a mine-by-mine basis if he determines that such equipment is not available. Splices made in the cables shall provide continuity of all components. 


</P>
</DIV8>


<DIV8 N="§ 75.907" NODE="30:1.0.1.12.38.10.217.15" TYPE="SECTION">
<HEAD>§ 75.907   Design of trailing cables for medium-voltage circuits.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trailing cables for medium-voltage circuits shall include grounding conductors, a ground check conductor, and grounded metallic shields around each power conductor or a ground metallic shield over the assembly, except that on equipment employing cable reels, cables without shields may be used if the insulation is rated 2,000 volts or more. 



</P>
</DIV8>


<DIV9 N="Appendix A" NODE="30:1.0.1.12.38.10.217.16.13" TYPE="APPENDIX">
<HEAD>Appendix A to Subpart J of Part 75

</HEAD>
<img src="/graphics/er30de05.146.gif"/>
<img src="/graphics/er30de05.147.gif"/>
<img src="/graphics/er30de05.148.gif"/>
<CITA TYPE="N">[70 FR 77737, Dec. 30, 2005]


</CITA>
</DIV9>

</DIV6>


<DIV6 N="K" NODE="30:1.0.1.12.38.11" TYPE="SUBPART">
<HEAD>Subpart K—Trolley Wires and Trolley Feeder Wires</HEAD>


<DIV8 N="§ 75.1000" NODE="30:1.0.1.12.38.11.217.1" TYPE="SECTION">
<HEAD>§ 75.1000   Cutout switches.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trolley wires and trolley feeder wires, shall be provided with cutout switches at intervals of not more than 2,000 feet and near the beginning of all branch lines. 


</P>
</DIV8>


<DIV8 N="§ 75.1001" NODE="30:1.0.1.12.38.11.217.2" TYPE="SECTION">
<HEAD>§ 75.1001   Overcurrent protection.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trolley wires and trolley feeder wires shall be provided with overcurrent protection. 


</P>
</DIV8>


<DIV8 N="§ 75.1001-1" NODE="30:1.0.1.12.38.11.217.3" TYPE="SECTION">
<HEAD>§ 75.1001-1   Devices for overcurrent protection; testing and calibration requirements; records.</HEAD>
<P>(a) Automatic circuit interrupting devices that will deenergize the affected circuit upon occurrence of a short circuit at any point in the system will meet the requirements of § 75.1001. 
</P>
<P>(b) Automatic circuit interrupting devices described in paragraph (a) of this section shall be tested and calibrated at intervals not to exceed six months. Testing of such devices shall include passing the necessary amount of electric current through the device to cause activation. Calibration of such devices shall include adjustment of all associated relays to ±15 percent of the indicated value. An authorized representative of the Secretary may require additional testing or calibration of these devices. 
</P>
<P>(c) A record of the tests and calibrations required by paragraph (b) of this section shall be kept, and shall be made available, upon request, to an authorized representative of the Secretary.
</P>
<CITA TYPE="N">[38 FR 29998, Oct. 31, 1973, as amended at 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1002" NODE="30:1.0.1.12.38.11.217.4" TYPE="SECTION">
<HEAD>§ 75.1002   Installation of electric equipment and conductors; permissibility.</HEAD>
<P>(a) Electric equipment must be permissible and maintained in a permissible condition when such equipment is located within 150 feet of pillar workings or longwall faces. 
</P>
<P>(b) Electric conductors and cables installed in or in by the last open crosscut or within 150 feet of pillar workings or longwall faces must be— 
</P>
<P>(1) Shielded high-voltage cables supplying power to permissible longwall equipment; 
</P>
<P>(2) Interconnecting conductors and cables of permissible longwall equipment; 
</P>
<P>(3) Conductors and cables of intrinsically safe circuits; and 
</P>
<P>(4) Cables and conductors supplying power to low- and medium-voltage permissible equipment.
</P>
<P>(5) Shielded high-voltage cables supplying power to permissible continuous mining machines.
</P>
<CITA TYPE="N">[67 FR 11004, Mar. 11, 2002, as amended at 75 FR 17553, Apr. 6, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 75.1003" NODE="30:1.0.1.12.38.11.217.5" TYPE="SECTION">
<HEAD>§ 75.1003   Insulation of trolley wires, trolley feeder wires and bare signal wires; guarding of trolley wires and trolley feeder wires.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Trolley wires, trolley feeder wires, and bare signal wires shall be insulated adequately where they pass through doors and stoppings, and where they cross other power wires and cables. Trolley wires and trolley feeder wires shall be guarded adequately: 
</P>
<P>(a) At all points where men are required to work or pass regularly under the wires; 
</P>
<P>(b) On both sides of all doors and stoppings; and 
</P>
<P>(c) At man-trip stations. 
</P>
<FP>The Secretary or his authorized representatives shall specify other conditions where trolley wires and trolley feeder wires shall be adequately protected to prevent contact by any person, or shall require the use of improved methods to prevent such contact. Temporary guards shall be provided where trackmen and other persons work in proximity to trolley wires and trolley feeder wires. 


</FP>
</DIV8>


<DIV8 N="§ 75.1003-1" NODE="30:1.0.1.12.38.11.217.6" TYPE="SECTION">
<HEAD>§ 75.1003-1   Other requirements for guarding of trolley wires and trolley feeder wires.</HEAD>
<P>Adequate precaution shall be taken to insure that equipment being moved along haulageways will not come in contact with trolley wires or trolley feeder wires. 


</P>
</DIV8>


<DIV8 N="§ 75.1003-2" NODE="30:1.0.1.12.38.11.217.7" TYPE="SECTION">
<HEAD>§ 75.1003-2   Requirements for movement of off-track mining equipment in areas of active workings where energized trolley wires or trolley feeder wires are present; pre-movement requirements; certified and qualified persons.</HEAD>
<P>(a) Prior to moving or transporting any unit of off-track mining equipment in areas of the active workings where energized trolley wires or trolley feeder wires are present: 
</P>
<P>(1) The unit of equipment shall be examined by a certified person to ensure that coal dust, float coal dust, loose coal oil, grease, and other combustible materials have been cleaned up and have not been permitted to accumulate on such unit of equipment; and, 
</P>
<P>(2) A qualified person, as specified in § 75.153 of this part, shall examine the trolley wires, trolley feeder wires, and the associated automatic circuit interrupting devices provided for short circuit protection to ensure that proper short circuit protection exists. 
</P>
<P>(b) A record shall be kept of the examinations required by paragraph (a) of this section, and shall be made available, upon request, to an authorized representative of the Secretary. 
</P>
<P>(c) Off-track mining equipment shall be moved or transported in areas of the active workings where energized trolley wires or trolley feeder wires are present only under the direct supervision of a certified person who shall be physically present at all times during moving or transporting operations. 
</P>
<P>(d) The frames of off-track mining equipment being moved or transported, in accordance with this section, shall be covered on the top and on the trolley wire side with fire-resistant material which has met the applicable requirements of Part 18 of Subchapter D of this chapter (Bureau of Mines Schedule 2G). 
</P>
<P>(e) Electrical contact shall be maintained between the mine track and the frames of off-track mining equipment being moved in-track and trolley entries, except that rubber-tired equipment need not be grounded to a transporting vehicle if no metal part of such rubber-tired equipment can come into contact with the transporting vehicle. 
</P>
<P>(f) A minimum vertical clearance of 12 inches shall be maintained between the farthest projection of the unit of equipment which is being moved and the energized trolley wires or trolley feeder wires at all times during the movement or transportation of such equipment; provided, however, that if the height of the coal seam does not permit 12 inches of vertical clearance to be so maintained, the following additional precautions shall be taken: 
</P>
<P>(1)(i) Except as provided in paragraph (f)(1)(ii) of this section electric power shall be supplied to the trolley wires or trolley feeder wires only from outby the unit of equipment being moved or transported.
</P>
<P>(ii) Where direct current electric power is used and such electric power can be supplied only from inby the equipment being moved or transported, power may be supplied from inby such equipment provided a miner with the means to cut off the power, and in direct communication with persons actually engaged in the moving or transporting operation, is stationed outby the equipment being moved. 
</P>
<P>(2) The settings of automatic circuit interrupting devices used to provide short circuit protection for the trolley circuit shall be reduced to not more than one-half of the maximum current that could flow if the equipment being moved or transported were to come into contact with the trolley wire or trolley feeder wire; 
</P>
<P>(3) At all times the unit of equipment is being moved or transported, a miner shall be stationed at the first automatic circuit breaker outby the equipment being moved and such miner shall be: (i) In direct communication with persons actually engaged in the moving or transporting operation, and (ii) capable of communicating with the responsible person on the surface required to be on duty in accordance with § 75.1600-1 of this part; 
</P>
<P>(4) Where trolley phones are utilized to satisfy the requirements of paragraph (f)(3) of this section, telephones or other equivalent two-way communication devices that can readily be connected with the mine communication system shall be carried by the miner stationed at the first automatic circuit breaker outby the equipment being moved and by a miner actually engaged in the moving or transporting operation; and, 
</P>
<P>(5) No person shall be permitted to be inby the unit of equipment being moved or transported, in the ventilating current of air that is passing over such equipment, except those persons directly engaged in moving such equipment. 
</P>
<P>(g) The provisions of paragraphs (a) through (f) of this section shall not apply to units of mining equipment that are transported in mine cars, provided that no part of the equipment extends above or over the sides of the mine car.
</P>
<CITA TYPE="N">[38 FR 29998, Oct. 31, 1973, as amended at 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="L" NODE="30:1.0.1.12.38.12" TYPE="SUBPART">
<HEAD>Subpart L—Fire Protection</HEAD>


<DIV8 N="§ 75.1100" NODE="30:1.0.1.12.38.12.217.1" TYPE="SECTION">
<HEAD>§ 75.1100   Requirements.</HEAD>
<HD1>[Statutory Provision] 
</HD1>
<P>Each coal mine shall be provided with suitable firefighting equipment adapted for the size and conditions of the mine. The Secretary shall establish minimum requirements of the type, quality, and quantity of such equipment. 


</P>
</DIV8>


<DIV8 N="§ 75.1100-1" NODE="30:1.0.1.12.38.12.217.2" TYPE="SECTION">
<HEAD>§ 75.1100-1   Type and quality of firefighting equipment.</HEAD>
<P>Firefighting equipment required under this subpart shall meet the following minimum requirements: 
</P>
<P>(a) Waterlines: Waterlines shall be capable of delivering 50 gallons of water a minute at a nozzle pressure of 50 pounds per square inch. 
</P>
<P>(b) Portable water cars: A portable water car shall be of at least 1,000 gallons capacity (500 gallons capacity for anthracite mines) and shall have at least 300 feet of fire hose with nozzles. A portable water car shall be capable of providing a flow through the hose of 50 gallons of water per minute at a nozzle pressure of 50 pounds per square inch. 
</P>
<P>(c) A portable chemical car shall carry enough chemicals to provide a fire extinguishing capacity equivalent to that of a portable water car. 
</P>
<P>(d) Portable foam-generating machines or devices: A portable foam-generating machine or device shall have facilities and equipment for supplying the machine with 30 gallons of water per minute at 30 pounds per square inch for a period of 35 minutes. 
</P>
<P>(e) Portable fire extinguisher: A portable fire extinguisher shall be either (1) a multipurpose dry chemical type containing a nominal weight of 5 pounds of dry powder and enough expellant to apply the powder or (2) a foam-producing type containing at least 2
<FR>1/2</FR> gallons of foam-producing liquids and enough expellant to supply the foam. Only fire extinguishers approved by the Underwriters Laboratories, Inc., or Factory Mutual Research Corp., carrying appropriate labels as to type and purpose, shall be used. After March 30, 1971, all new portable fire extinguishers acquired for use in a coal mine shall have a 2A 10 BC or higher rating. 
</P>
<P>(f)(1) Except as provided in paragraph (f)(2) of this section, the fire hose shall be lined with a material having flame resistant qualities meeting requirements for hose in Bureau of Mines' Schedule 2G. The cover shall be polyester, or other material with flame-spread qualities and mildew resistance equal or superior to polyester. The bursting pressure shall be at least 4 times the water pressure at the valve to the hose inlet with the valve closed; the maximum water pressure in the hose nozzle shall not exceed 100 p.s.i.g. 
</P>
<P>(2) Fire hose installed for use in underground coal mines prior to December 30, 1970, shall be mildew-proof and have a bursting pressure at least 4 times the water pressure at the valve to the hose inlet with the valve closed, and the maximum water pressure in the hose nozzle with water flowing shall not exceed 100 p.s.i.g. 


</P>
</DIV8>


<DIV8 N="§ 75.1100-2" NODE="30:1.0.1.12.38.12.217.3" TYPE="SECTION">
<HEAD>§ 75.1100-2   Quantity and location of firefighting equipment.</HEAD>
<P>(a) <I>Working sections.</I> (1) Each working section of coal mines producing 300 tons or more per shift shall be provided with two portable fire extinguishers and 240 pounds of rock dust in bags or other suitable containers; waterlines shall extend to each section loading point and be equipped with enough fire hose to reach each working face unless the section loading point is provided with one of the following: 
</P>
<P>(i) Two portable water cars; or 
</P>
<P>(ii) Two portable chemical cars; or 
</P>
<P>(iii) One portable water car or one portable chemical car, and either (<I>a</I>) a portable foam-generating machine or (<I>b</I>) a portable high-pressure rock-dusting machine fitted with at least 250 feet of hose and supplied with at least 60 sacks of rock dust. 
</P>
<P>(2) Each working section of coal mines producing less than 300 tons of coal per shift shall be provided with the following:
</P>
<P>(i) Two portable fire extinguishers; and
</P>
<P>(ii) 240 pounds of rock dust in bags or other suitable containers; and
</P>
<P>(iii) At least 500 gallons of water and at least three pails of 10-quart capacity; or a waterline with sufficient hose to reach the working places; or a portable water car of at least 500-gallons capacity; or a portable, all-purpose, dry-powder chemical car of at least 125-pounds capacity.
</P>
<P>(3) As an alternative to paragraph (a)(2) of this section, each working section with no electrical equipment at the face of an anthracite coal mine producing less than 300 tons of coal per shift shall be provided with the following:
</P>
<P>(i) Portable fire extinguishers containing a total capacity of at least 30 pounds of dry chemical or 15 gallons of foam and located at the entrance to the gangway at the bottom of the slope; and
</P>
<P>(ii) Portable fire extinguishers containing a total capacity of at least 20 pounds of dry chemical or 10 gallons of foam and located within 500 feet from the working face.
</P>
<P>(b) <I>Belt conveyors.</I> In all coal mines, waterlines shall be installed parallel to the entire length of belt conveyors and shall be equipped with firehose outlets with valves at 300-foot intervals along each belt conveyor and at tailpieces. At least 500 feet of firehose with fittings suitable for connection with each belt conveyor waterline system shall be stored at strategic locations along the belt conveyor. Waterlines may be installed in entries adjacent to the conveyor entry belt as long as the outlets project into the belt conveyor entry. 
</P>
<P>(c) <I>Haulage tracks.</I> (1) In mines producing 300 tons of coal or more per shift waterlines shall be installed parallel to all haulage tracks using mechanized equipment in the track or adjacent entry and shall extend to the loading point of each working section. Waterlines shall be equipped with outlet valves at intervals of not more than 500 feet, and 500 feet of firehose with fittings suitable for connection with such waterlines shall be provided at strategic locations. Two portable water cars, readily available, may be used in lieu of waterlines prescribed under this paragraph. 
</P>
<P>(2) In mines producing less than 300 tons of coal per shift, there shall be provided at 500-foot intervals in all main and secondary haulage roads: 
</P>
<P>(i) A tank of water of at least 55-gallon capacity with at least 3 pails of not less than 10-quart capacity; or 
</P>
<P>(ii) Not less than 240 pounds of bagged rock dust. 
</P>
<P>(d) <I>Transportation.</I> Each track or off-track locomotive, self-propelled man-trip car, or personnel carrier shall be equipped with one portable fire extinguisher. 
</P>
<P>(e) <I>Electrical installations.</I> At each electrical installation, the operator shall provide two portable fire extinguishers that have a nominal capacity of 5 pounds of dry chemical, or one extinguisher that has a nominal capacity of at least 10 pounds of dry chemical, and which have a 2-A:10-B:C or higher rating.
</P>
<P>(f) <I>Oil storage stations.</I> Two portable fire extinguishers and 240 pounds of rock dust, shall be provided at each permanent underground oil storage station. One portable fire extinguisher shall be provided at each working section where 25 gallons or more of oil are stored in addition to extinguishers required under paragraph (a) of this section. 
</P>
<P>(g) <I>Welding, cutting, soldering.</I> One portable fire extinguisher or 240 pounds of rock dust shall be provided at locations where welding, cutting, or soldering with arc or flame is being done. 
</P>
<P>(h) <I>Powerlines.</I> At each wooden door through which powerlines pass there shall be one portable fire extinguisher or 240 pounds of rock dust within 25 feet of the door on the intake air side. 
</P>
<P>(i) <I>Emergency materials.</I> (1) At each mine producing 300 tons of coal or more per shift there shall be readily available the following materials at locations not exceeding 2 miles from each working section: 
</P>
<EXTRACT>
<FP-1>1,000 board feet of brattice boards 
</FP-1>
<FP-1>2 rolls of brattice cloth 
</FP-1>
<FP-1>2 hand saws 
</FP-1>
<FP-1>25 pounds of 8
<SU>d</SU> nails 
</FP-1>
<FP-1>25 pounds of 10
<SU>d</SU> nails 
</FP-1>
<FP-1>25 pounds of 16
<SU>d</SU> nails 
</FP-1>
<FP-1>3 claw hammers 
</FP-1>
<FP-1>25 bags of wood fiber plaster or 10 bags of cement (or equivalent material for stoppings) 
</FP-1>
<FP-1>5 tons of rock dust</FP-1></EXTRACT>
<P>(2) At each mine producing less than 300 tons of coal per shift the above materials shall be available at the mine, provided, however, that the emergency materials for one or more mines may be stored at a central warehouse or building supply company and such supply must be the equivalent of that required for all mines involved and within 1-hour's delivery time from each mine. This exception shall not apply where the active working sections are more than 2 miles from the surface. 
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 73 FR 53127, Sept. 15, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1100-3" NODE="30:1.0.1.12.38.12.217.4" TYPE="SECTION">
<HEAD>§ 75.1100-3   Condition and examination of firefighting equipment.</HEAD>
<P>All firefighting equipment shall be maintained in a usable and operative condition. Chemical extinguishers shall be examined every 6 months and the date of the examination shall be written on a permanent tag attached to the extinguisher.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1101" NODE="30:1.0.1.12.38.12.217.5" TYPE="SECTION">
<HEAD>§ 75.1101   Deluge-type water sprays, foam generators; main and secondary belt-conveyor drives.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Deluge-type water sprays or foam generators automatically actuated by rise in temperature, or other no less effective means approved by the Secretary of controlling fire, shall be installed at main and secondary belt-conveyor drives. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-1" NODE="30:1.0.1.12.38.12.217.6" TYPE="SECTION">
<HEAD>§ 75.1101-1   Deluge-type water spray systems.</HEAD>
<P>(a) Deluge-type spray systems shall consist of open nozzles attached to branch lines. The branch lines shall be connected to a waterline through a control valve operated by a fire sensor. Actuation of the control valve shall cause water to flow into the branch lines and discharge from the nozzles. 
</P>
<P>(b) Nozzles attached to the branch lines shall be full cone, corrosion resistant and provided with blow-off dust covers. The spray application rate shall not be less than 0.25 gallon per minute per square foot of the top surface of the top belt and the discharge shall be directed at both the upper and bottom surfaces of the top belt and to the upper surface of the bottom belt. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-2" NODE="30:1.0.1.12.38.12.217.7" TYPE="SECTION">
<HEAD>§ 75.1101-2   Installation of deluge-type sprays.</HEAD>
<P>Deluge-type water spray systems shall provide protection for the belt drive and 50 feet of fire-resistant belt or 150 feet of nonfire-resistant belt adjacent to the belt drive. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-3" NODE="30:1.0.1.12.38.12.217.8" TYPE="SECTION">
<HEAD>§ 75.1101-3   Water requirements.</HEAD>
<P>Deluge-type water spray systems shall be attached to a water supply. Water so supplied shall be free of excessive sediment and noncorrosive to the system Water pressure shall be maintained consistent with the pipe, fittings, valves, and nozzles at all times. Water systems shall include strainers with a flush-out connection and a manual shut-off valve. The water supply shall be adequate to provide flow for 10 minutes except that pressure tanks used as a source of water supply shall be of 1,000-gallon capacity for a fire-resistant belt and 3,000 gallons for a nonfire-resistant belt may be provided. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-4" NODE="30:1.0.1.12.38.12.217.9" TYPE="SECTION">
<HEAD>§ 75.1101-4   Branch lines.</HEAD>
<P>As a part of the deluge-type water spray system, two or more branch lines of nozzles shall be installed. The maximum distance between nozzles shall not exceed 8 feet. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-5" NODE="30:1.0.1.12.38.12.217.10" TYPE="SECTION">
<HEAD>§ 75.1101-5   Installation of foam generator systems.</HEAD>
<P>(a) Foam generator systems shall be located so as to discharge foam to the belt drive, belt takeup, electrical controls, gear reducing unit and the conveyor belt. 
</P>
<P>(b) Foam generator systems shall be equipped with a fire sensor which actuates the system, and each system shall be capable of producing and delivering the following amounts of foam within 5 minutes: 
</P>
<P>(1) At fire-resistant belt installations, an amount which will fully envelop the belt drive, belt takeup, electrical controls, gear reducing unit, and the conveyor belt over a distance of 50 feet; and, 
</P>
<P>(2) At nonfire-resistant belt installations, an amount which will fully envelop the belt drive, belt takeup electrical controls, gear reducing unit, and the conveyor belt over a distance of 150 feet. 
</P>
<P>(c) The foam generator shall be equipped with a warning device designed to stop the belt drive when a fire occurs and all such warning devices shall be capable of giving both an audible and visual signal when actuated by fire. 
</P>
<P>(d) Water, power, and chemicals required shall be adequate to maintain water or foam flow for no less than 25 minutes. 
</P>
<P>(e) Water systems shall include strainers with a flush-out connection and a manual shut-off valve. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-6" NODE="30:1.0.1.12.38.12.217.11" TYPE="SECTION">
<HEAD>§ 75.1101-6   Water sprinkler systems; general.</HEAD>
<P>Water sprinkler systems may be installed to protect main and secondary belt-conveyor drives, however, where such systems are employed, they shall be installed and maintained in accordance with §§ 75.1101-7 through 75.1101-11. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-7" NODE="30:1.0.1.12.38.12.217.12" TYPE="SECTION">
<HEAD>§ 75.1101-7   Installation of water sprinkler systems; requirements.</HEAD>
<P>(a) The fire-control components of each water sprinkler system shall be installed, as far as practicable in accordance with the recommendations set forth in National Fire Protection Association 1968-69 edition, Code No. 13, “Installation of Sprinkler Systems” and such systems' components shall be of a type approved by the Underwriters' Laboratories, Inc., Factory Mutual Research Corp. 
</P>
<P>(b) Each sprinkler system shall provide protection for the motor drive belt takeup, electrical controls, gear reducing unit, and the 50 feet of fire-resistant belt, or 150 feet of nonfire-resistant belt adjacent to the belt drive. 
</P>
<P>(c) The components of each water sprinkler system shall be located so as to minimize the possibility of damage by roof fall or by the moving belt and its load. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-8" NODE="30:1.0.1.12.38.12.217.13" TYPE="SECTION">
<HEAD>§ 75.1101-8   Water sprinkler systems; arrangement of sprinklers.</HEAD>
<P>(a) At least one sprinkler shall be installed above each belt drive, belt take-up, electrical control, and gear-reducing unit, and individual sprinklers shall be installed at intervals of no more than 8 feet along all conveyor branch lines. 
</P>
<P>(b) Two or more branch lines, at least one of which shall be above the top belt and one between the top and bottom belt, shall be installed in each sprinkler system to provide a uniform discharge of water to the belt surface. 
</P>
<P>(c) The water discharge rate from the sprinkler system shall not be less than 0.25 gallon per minute per square foot of the top surface of the top belt and the discharge shall be directed at both the upper and bottom surfaces of the top belt and to the upper surface of the bottom belt. The supply of water shall be adequate to provide a constant flow of water for 10 minutes with all sprinklers functioning. 
</P>
<P>(d) Each individual sprinkler shall be activated at a temperature of not less than 150 °F. and not more than 300 °F. 
</P>
<P>(e) Water systems shall include strainers with a flush-out connection and a manual shut-off valve. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-9" NODE="30:1.0.1.12.38.12.217.14" TYPE="SECTION">
<HEAD>§ 75.1101-9   Back-up water system.</HEAD>
<P>One fire hose outlet together with a length of hose capable of extending to the belt drive shall be provided within 300 feet of each belt drive. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-10" NODE="30:1.0.1.12.38.12.217.15" TYPE="SECTION">
<HEAD>§ 75.1101-10   Water sprinkler systems; fire warning devices at belt drives.</HEAD>
<P>Each water sprinkler system shall be equipped with a device designed to stop the belt drive in the event of a rise in temperature and each such warning device shall be capable of giving both an audible and visual warning when a fire occurs. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-11" NODE="30:1.0.1.12.38.12.217.16" TYPE="SECTION">
<HEAD>§ 75.1101-11   Inspection of water sprinkler systems.</HEAD>
<P>Each water sprinkler system shall be examined weekly and a functional test of the complete system shall be conducted at least once each year. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-12" NODE="30:1.0.1.12.38.12.217.17" TYPE="SECTION">
<HEAD>§ 75.1101-12   Equivalent dry-pipe system.</HEAD>
<P>Where water sprinkler systems are installed to protect main and secondary belt conveyor drives and freezing temperatures prevail, an equivalent dry-pipe system may be installed. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-13" NODE="30:1.0.1.12.38.12.217.18" TYPE="SECTION">
<HEAD>§ 75.1101-13   Dry powder chemical systems; general.</HEAD>
<P>Self-contained dry powder chemical systems may be installed to protect main and secondary belt conveyor drives, however, where such systems are employed, they shall be installed and maintained in accordance with the provisions of §§ 75.1101-14 through 75.1101-22. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-14" NODE="30:1.0.1.12.38.12.217.19" TYPE="SECTION">
<HEAD>§ 75.1101-14   Installation of dry powder chemical systems.</HEAD>
<P>(a) Self-contained dry powder chemical systems shall be installed to protect each belt-drive, belt takeup, electrical-controls, gear reducing units and 50 feet of fire-resistant belt or 150 feet of non-fire-resistant belt adjacent to the belt drive. 
</P>
<P>(b) The fire-control components of each dry powder chemical system shall be a type approved by the Underwriters' Laboratories, Inc., or Factory Mutual Engineering Corp. 
</P>
<P>(c) The components of each dry powder chemical system shall be located so as to minimize the possibility of damage by roof fall or by the moving belt and its load. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-15" NODE="30:1.0.1.12.38.12.217.20" TYPE="SECTION">
<HEAD>§ 75.1101-15   Construction of dry powder chemical systems.</HEAD>
<P>(a) Each self-contained dry powder system shall be equipped with hose or pipe lines which are no longer than necessary. 
</P>
<P>(b) Metal piping and/or hose between control valves and nozzles shall have a minimum bursting pressure of 500 p.s.i.g. 
</P>
<P>(c) Hose shall be protected by wire braid or its equivalent. 
</P>
<P>(d) Nozzles and reservoirs shall be sufficient in number to provide maximum protection to each belt, belt takeup, electrical controls, and gear reducing unit. 
</P>
<P>(e) Each belt shall be protected on the top surface of both the top and bottom belts and the bottom surface of the top belt. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-16" NODE="30:1.0.1.12.38.12.217.21" TYPE="SECTION">
<HEAD>§ 75.1101-16   Dry powder chemical systems; sensing and fire-suppression devices.</HEAD>
<P>(a) Each self-contained dry powder chemical system shall be equipped with sensing devices which shall be designed to activate the fire-control system, sound an alarm and stop the conveyor drive motor in the event of a rise in temperature, and provision shall be made to minimize contamination of the lens of any optical sensing device installed in such system. 
</P>
<P>(b) Where sensors are operated from the same power source as the belt drive, each sensor shall be equipped with a standby power source which shall be capable of remaining operative for at least 4 hours after a power cutoff. 
</P>
<P>(c) Sensor systems shall include a warning indicator (or test circuit) which shows it is operative. 
</P>
<P>(d) Each fire-suppression system shall be equipped with a manually operated control valve which shall be independent of the sensor. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-17" NODE="30:1.0.1.12.38.12.217.22" TYPE="SECTION">
<HEAD>§ 75.1101-17   Sealing of dry powder chemical systems.</HEAD>
<P>Each dry powder chemical system shall be adequately sealed to protect all components of the system from moisture dust, and dirt. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-18" NODE="30:1.0.1.12.38.12.217.23" TYPE="SECTION">
<HEAD>§ 75.1101-18   Dry powder requirements.</HEAD>
<P>Each dry powder chemical system shall contain the following minimum amounts of multipurpose dry powder:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Belt
</TH><TH class="gpotbl_colhed" scope="col">Dry powder, pounds
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Fire resistant</TD><TD align="right" class="gpotbl_cell">125
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Non-fire resistant</TD><TD align="right" class="gpotbl_cell">250</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 75.1101-19" NODE="30:1.0.1.12.38.12.217.24" TYPE="SECTION">
<HEAD>§ 75.1101-19   Nozzles; flow rate and direction.</HEAD>
<P>The nozzles of each dry powder chemical system shall be capable of discharging all powder within 1 minute after actuation of the system and such nozzles shall be directed so as to minimize the effect of ventilation upon fire control. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-20" NODE="30:1.0.1.12.38.12.217.25" TYPE="SECTION">
<HEAD>§ 75.1101-20   Safeguards for dry powder chemical systems.</HEAD>
<P>Adequate guards shall be provided along all belt conveyors in the vicinity of each dry powder chemical system to protect persons whose vision is restricted by a discharge of powder from the system. In addition, hand-rails shall be installed in such areas to provide assistance to those passing along the conveyor after a powder discharge. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-21" NODE="30:1.0.1.12.38.12.217.26" TYPE="SECTION">
<HEAD>§ 75.1101-21   Back-up water system.</HEAD>
<P>One fire hose outlet together with a length of hose capable of extending to the belt drive shall be provided within 300 feet of each belt drive. 


</P>
</DIV8>


<DIV8 N="§ 75.1101-22" NODE="30:1.0.1.12.38.12.217.27" TYPE="SECTION">
<HEAD>§ 75.1101-22   Inspection of dry powder chemical systems.</HEAD>
<P>(a) Each dry powder chemical system shall be examined weekly and a functional test of the complete system shall be conducted at least once each year. 
</P>
<P>(b) Where the dry powder chemical system has been actuated, all components of the system shall be cleaned immediately by flushing all powder from pipes and hoses and all hose damaged by fire shall be replaced. 


</P>
</DIV8>


<DIV8 N="§ 75.1102" NODE="30:1.0.1.12.38.12.217.28" TYPE="SECTION">
<HEAD>§ 75.1102   Slippage and sequence switches.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Underground belt conveyors shall be equipped with slippage and sequence switches. 


</P>
</DIV8>


<DIV8 N="§ 75.1103" NODE="30:1.0.1.12.38.12.217.29" TYPE="SECTION">
<HEAD>§ 75.1103   Automatic fire warning devices.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>On or before May 29, 1970, devices shall be installed on all such belts which will give a warning automatically when a fire occurs on or near such belt. The Secretary shall prescribe a schedule for installing fire suppression devices on belt haulageways. 


</P>
</DIV8>


<DIV8 N="§ 75.1103-1" NODE="30:1.0.1.12.38.12.217.30" TYPE="SECTION">
<HEAD>§ 75.1103-1   Automatic fire sensors.</HEAD>
<P>A fire sensor system shall be installed on each underground belt conveyor. Sensors so installed shall be of a type which will (a) give warning automatically when a fire occurs on or near such belt; (b) provide both audible and visual signals that permit rapid location of the fire. 


</P>
</DIV8>


<DIV8 N="§ 75.1103-2" NODE="30:1.0.1.12.38.12.217.31" TYPE="SECTION">
<HEAD>§ 75.1103-2   Automatic fire sensors; approved components; installation requirements.</HEAD>
<P>(a) The components of each automatic fire sensor required to be installed in accordance with the provisions of § 75.1103-1 shall be of a type and installed in a manner approved by the Secretary, or the components shall be of a type listed, approved and installed in accordance with the recommendations of a nationally recognized testing laboratory approved by the Secretary. 
</P>
<P>(b) Where applicable, and not inconsistent with these regulations, automatic fire sensors shall be installed in accordance with the recommendations set forth in National Fire Code No. 72A “Local Protective Signaling Systems” (NFPA No. 72A-1967). National Fire Code No. 72A (1967) is hereby incorporated by reference and made a part hereof. National Fire Code No. 72A is available for examination at each MSHA Coal Mine Safety and Health district office, and may be obtained from the National Fire Protection Association, 11 Tracy Drive, Avon, MA 02322; Telephone: 800-344-3555 (toll free); <I>http://www.nfpa.org.</I> 
</P>
<CITA TYPE="N">[37 FR 16546, Aug. 16, 1972, as amended at 71 FR 16668, Apr. 3, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-3" NODE="30:1.0.1.12.38.12.217.32" TYPE="SECTION">
<HEAD>§ 75.1103-3   Automatic fire sensor and warning device systems; minimum requirements; general.</HEAD>
<P>Automatic fire sensor and warning device systems installed in belt haulageways of underground coal mines shall be assembled from components which meet the minimum requirements set forth in §§ 75.1103-4 through 75.1103-7 unless otherwise approved by the Secretary. 
</P>
<CITA TYPE="N">[37 FR 16545, Aug. 16, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-4" NODE="30:1.0.1.12.38.12.217.33" TYPE="SECTION">
<HEAD>§ 75.1103-4   Automatic fire sensor and warning device systems; installation; minimum requirements.</HEAD>
<P>(a) Effective December 31, 2009, automatic fire sensor and warning device systems that use carbon monoxide sensors shall provide identification of fire along all belt conveyors.
</P>
<P>(1) Carbon monoxide sensors shall be installed at the following locations:
</P>
<P>(i) Not more than 100 feet downwind of each belt drive unit, each tailpiece transfer point, and each belt take-up. If the belt drive, tailpiece, and/or take-up for a single transfer point are installed together in the same air course, and the distance between the units is less than 100 feet, they may be monitored with one sensor downwind of the last component. If the distance between the units exceeds 100 feet, additional sensors are required downwind of each belt drive unit, each tailpiece transfer point, and each belt take-up;
</P>
<P>(ii) Not more than 100 feet downwind of each section loading point;
</P>
<P>(iii) Along the belt entry so that the spacing between sensors does not exceed 1,000 feet. Where air velocities are less than 50 feet per minute, spacing must not exceed 350 feet; and
</P>
<P>(iv) The mine operator shall indicate the locations of all carbon monoxide sensors on the mine maps required by §§ 75.1200 and 75.1505 of this part.
</P>
<P>(2) Where used, sensors responding to radiation, smoke, gases, or other indications of fire, shall be spaced at regular intervals to provide protection equivalent to carbon monoxide sensors, and installed within the time specified in paragraph (a)(3) of this section.
</P>
<P>(3) When the distance from the tailpiece at loading points to the first outby sensor reaches the spacing requirements in § 75.1103-4(a)(1)(iii), an additional sensor shall be installed and put in operation within 24 production shift hours. When sensors of the kind described in paragraph (a)(2) of this section are used, they shall be installed and put in operation within 24 production shift hours after the equivalent distance which has been established for the sensor from the tailpiece at loading points to the first outby sensor is first reached.
</P>
<P>(b) Automatic fire sensor and warning device systems shall be installed so as to minimize the possibility of damage from roof falls and the moving belt and its load. Sensors must be installed near the center in the upper third of the entry, in a manner that does not expose personnel working on the system to unsafe conditions. Sensors must not be located in abnormally high areas or in other locations where air flow patterns do not permit products of combustion to be carried to the sensors.
</P>
<P>(c) Infrared, ultraviolet, and other sensors whose effectiveness is impaired by contamination shall be protected from dust, dirt, and moisture. 
</P>
<P>(d) The voltage of automatic fire sensor and warning device systems shall not exceed 120 volts. 
</P>
<P>(e) Except when power must be cut off in the mine under the provisions of § 75.313, automatic fire sensor and warning device systems shall be capable of giving warning of fire for a minimum of 4 hours after the source of power to the belt is removed unless the belt haulageway is examined for hot rollers and fire as provided in paragraph (e) (1) or (2) of this section. 
</P>
<P>(1) When an unplanned removal of power from the belt occurs an examination for hot rollers and fire in the operating belts of a conveyor system shall be completed within 2 hours after the belt has stopped. 
</P>
<P>(2) When a preplanned removal of power from the belt occurs an examination for hot rollers and fire on the operating belts of a conveyor system may commence not more than 30 minutes before the belts are stopped and shall be completed within 2 hours after the examination is commenced, or the examination shall be commenced when the belts are stopped and completed within 2 hours after the belts are stopped. 
</P>
<CITA TYPE="N">[37 FR 16545, Aug. 16, 1972, as amended at 57 FR 20928, May 15, 1992; 73 FR 80614, Dec. 31, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-5" NODE="30:1.0.1.12.38.12.217.34" TYPE="SECTION">
<HEAD>§ 75.1103-5   Automatic fire warning devices; actions and response.</HEAD>
<P>(a) When the carbon monoxide level reaches 10 parts per million above the established ambient level at any sensor location, automatic fire sensor and warning device systems shall provide an effective warning signal at the following locations:
</P>
<P>(1) At working sections and other work locations where miners may be endangered from a fire in the belt entry.
</P>
<P>(2) At a manned surface location where personnel have an assigned post of duty. The manned surface location must have:
</P>
<P>(i) A telephone or equivalent communication with all miners who may be endangered and
</P>
<P>(ii) A map or schematic that shows the locations of sensors, and the intended air flow direction at these locations. This map or schematic must be updated within 24 hours of any change in this information.
</P>
<P>(3) The automatic fire sensor and warning device system shall be monitored for a period of 4 hours after the belt is stopped, unless an examination for hot rollers and fire is made as prescribed in § 75.1103-4(e).
</P>
<P>(b) The fire sensor and warning device system shall include a means for rapid evaluation of electrical short and open circuits, ground faults, pneumatic leaks, or other defect detrimental to its proper operational condition. 
</P>
<P>(c) Automatic fire sensor and warning devices shall include a manual reset feature.
</P>
<P>(d) When a malfunction or warning signal is received at the manned surface location, the sensors that are activated must be identified and appropriate personnel immediately notified.
</P>
<P>(e) Upon notification of a malfunction or warning signal, appropriate personnel must immediately initiate an investigation to determine the cause of the malfunction or warning signal and take the required actions set forth in paragraph (f) of this section.
</P>
<P>(f) If any sensor indicates a warning, the following actions must be taken unless the mine operator determines that the signal does not present a hazard to miners:
</P>
<P>(1) Appropriate personnel must notify miners in affected working sections, in affected areas where mechanized mining equipment is being installed or removed, and at other locations specified in the approved mine emergency evacuation and firefighting program of instruction; and
</P>
<P>(2) All miners in the affected areas, unless assigned emergency response duties, must be immediately withdrawn to a safe location identified in the mine emergency evacuation and firefighting program of instruction.
</P>
<P>(g) If the warning signal will be activated during calibration of sensors, personnel manning the surface location must be notified prior to and upon completion of calibration. Affected working sections, areas where mechanized mining equipment is being installed or removed, or other areas designated in the approved emergency evacuation and firefighting program of instruction must be notified at the beginning and completion of calibration.
</P>
<P>(h) If any fire detection component becomes inoperative, immediate action must be taken to repair the component. While repairs are being made, operation of the belt may continue if the following requirements are met:
</P>
<P>(1) If one sensor becomes inoperative, a trained person must continuously monitor for carbon monoxide at the inoperative sensor;
</P>
<P>(2) If two or more adjacent sensors become inoperative, trained persons must patrol and continuously monitor the affected areas for carbon monoxide so that they will be traveled each hour in their entirety. Alternatively, a trained person must be stationed at each inoperative sensor to monitor for carbon monoxide;
</P>
<P>(3) If the complete fire detection system becomes inoperative, trained persons must patrol and continuously monitor the affected areas for carbon monoxide so that they will be traveled each hour in their entirety;
</P>
<P>(4) Trained persons who conduct monitoring under this section must have two-way voice communication capability, at intervals not to exceed 2,000 feet, and must report carbon monoxide concentrations to the surface at intervals not to exceed one hour;
</P>
<P>(5) Trained persons who conduct monitoring under this section must immediately report to the surface any concentration of carbon monoxide that reaches 10 parts per million above the established ambient level, unless the mine operator knows that the source of the carbon monoxide does not present a hazard to miners; and
</P>
<P>(6) Handheld detectors used to monitor the belt entry under this section must have a detection level equivalent to that of the system's carbon monoxide sensors.
</P>
<CITA TYPE="N">[37 FR 16545, Aug. 16, 1972, as amended at 73 FR 80615, Dec. 31, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-6" NODE="30:1.0.1.12.38.12.217.35" TYPE="SECTION">
<HEAD>§ 75.1103-6   Automatic fire sensors; actuation of fire suppression systems.</HEAD>
<P>Point-type heat sensors or automatic fire sensor and warning device systems may be used to actuate deluge-type water systems, foam generator systems, multipurpose dry-powder systems, or other equivalent automatic fire suppression systems.
</P>
<CITA TYPE="N">[73 FR 80615, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-7" NODE="30:1.0.1.12.38.12.217.36" TYPE="SECTION">
<HEAD>§ 75.1103-7   Electrical components; permissibility requirements.</HEAD>
<P>The electrical components of each automatic fire sensor and warning device system shall: 
</P>
<P>(a) Remain functional when the power circuits are deenergized as required by § 75.706; and 
</P>
<P>(b) Be provided with protection against ignition of methane or coal dust when the electrical power is deenergized as required by § 75.313, but these components shall be permissible or intrinsically safe if installed in a return airway. 
</P>
<CITA TYPE="N">[37 FR 16546, Aug. 16, 1972, as amended at 57 FR 20929, May 15, 1992] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-8" NODE="30:1.0.1.12.38.12.217.37" TYPE="SECTION">
<HEAD>§ 75.1103-8   Automatic fire sensor and warning device systems; examination and test requirements.</HEAD>
<P>(a) Automatic fire sensor and warning device systems shall be examined at least once each shift when belts are operated as part of a production shift. A functional test of the warning signals shall be made at least once every seven days. Examination and maintenance of such systems shall be by a qualified person.
</P>
<P>(b) A record of the functional test conducted in accordance with paragraph (a) of this section shall be maintained by the operator and kept for a period of one year.
</P>
<P>(c) Sensors shall be calibrated in accordance with the manufacturer's calibration instructions at intervals not to exceed 31 days. A record of the sensor calibrations shall be maintained by the operator and kept for a period of one year.
</P>
<CITA TYPE="N">[73 FR 80615, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-9" NODE="30:1.0.1.12.38.12.217.38" TYPE="SECTION">
<HEAD>§ 75.1103-9   Minimum requirements; fire suppression materials and location; maintenance of entries and crosscuts; access doors; communications; fire crews; high-expansion foam devices.</HEAD>
<P>(a) The following materials shall be stored within 300 feet of each belt drive or at a location where the material can be moved to the belt drive within 5 minutes, except that when the ventilating current in the belt haulageway travels in the direction of the normal movement of coal on the belt, the materials shall be stored within 300 feet of the belt tailpiece or at a location where the materials can be moved to the belt tailpiece within 5 minutes. 
</P>
<P>(1) 500 feet of fire hose, except that if the belt flight is less than 500 feet in length the fire hose may be equal to the length of the belt flight. A high expansion foam device may be substituted for 300 feet of the 500 feet of the fire hose. Where used, such foam generators shall produce foam sufficient to fill 100 feet of the belt haulageway in not more than 5 minutes. Sufficient power cable and water hose shall be provided so that the foam generator can be installed at any crosscut along the belt by which the generator is located. A 1-hour supply of foam producing chemicals and tools and hardware required for its operation shall be stored at the foam generator. 
</P>
<P>(2) Tools to open a stopping between the belt entry and the adjacent intake entry; and 
</P>
<P>(3) 240 pounds of bagged rock dust. 
</P>
<P>(b) The entry containing the main waterline and the crosscuts containing water outlets between such entry and the belt haulageway (if the main waterline is in an adjacent entry) shall be maintained accessible and in safe condition for travel and firefighting activities. Each stopping in such crosscuts or adjacent crosscuts shall have an access door. 
</P>
<P>(c) Suitable communication lines extending to the surface shall be provided in the belt haulageway or adjacent entry. 
</P>
<P>(d) The fire suppression system required at the belt drive shall include the belt discharge head. 
</P>
<P>(e) A crew consisting of at least five members for each working shift shall be trained in firefighting operations. Fire drills shall be held at intervals not exceeding 6 months. 
</P>
<CITA TYPE="N">[37 FR 16546, Aug. 16, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-10" NODE="30:1.0.1.12.38.12.217.39" TYPE="SECTION">
<HEAD>§ 75.1103-10   Fire suppression systems; additional requirements.</HEAD>
<P>For each conveyor belt flight exceeding 2,000 feet in length, where the average air velocity along the belt haulage entry exceeds 100 feet per minute, an additional cache of the materials specified in § 75.1103-9(a)(1), (2), and (3) shall be provided. The additional cache may be stored at the locations specified in § 75.1103-9(a), or at some other strategic location readily accessible to the conveyor belt flight.
</P>
<CITA TYPE="N">[73 FR 80616, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1103-11" NODE="30:1.0.1.12.38.12.217.40" TYPE="SECTION">
<HEAD>§ 75.1103-11   Tests of fire hydrants and fire hose; record of tests.</HEAD>
<P>Each fire hydrant shall be tested by opening to insure that it is in operating condition, and each fire hose shall be tested, at intervals not exceeding 1 year. A record of these tests shall be maintained at an appropriate location. 
</P>
<CITA TYPE="N">[37 FR 16546, Aug. 16, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1104" NODE="30:1.0.1.12.38.12.217.41" TYPE="SECTION">
<HEAD>§ 75.1104   Underground storage, lubricating oil and grease.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Underground storage places for lubricating oil and grease shall be of fireproof construction. Except for specially prepared materials approved by the Secretary, lubricating oil and grease kept in all underground areas in a coal mine shall be in fireproof, closed metal containers or other no less effective containers approved by the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 75.1106" NODE="30:1.0.1.12.38.12.217.42" TYPE="SECTION">
<HEAD>§ 75.1106   Welding, cutting, or soldering with arc or flame underground.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>All welding, cutting, or soldering with arc or flame in all underground areas of a coal mine shall, whenever practicable, be conducted in fireproof enclosures. Welding, cutting, or soldering with arc or flame in other than a fireproof enclosure shall be done under the supervision of a qualified person who shall make a diligent search for fire during and after such operations and shall, immediately before and during such operations, continuously test for methane with means approved by the Secretary for detecting methane. Welding, cutting, or soldering shall not be conducted in air that contains 1.0 volume per centum or more of methane. Rock dust or suitable fire extinguishers shall be immediately available during such welding, cutting or soldering. 


</P>
</DIV8>


<DIV8 N="§ 75.1106-1" NODE="30:1.0.1.12.38.12.217.43" TYPE="SECTION">
<HEAD>§ 75.1106-1   Test for methane.</HEAD>
<P>Until December 31, 1970, a permissible flame safety lamp may be used to make tests for methane required by the regulations in this part. On and after December 31, 1970 a methane detector approved by the Secretary shall be used for such tests and a permissible flame safety lamp may be used as a supplemental testing device. A person qualified to test for methane under § 75.151 will be a qualified person for the purpose of this section. 
</P>
<HD1>Transportation, Handling and Storage of Liquefied and Nonliquefied Compressed Gas Cylinders


</HD1>
</DIV8>


<DIV8 N="§ 75.1106-2" NODE="30:1.0.1.12.38.12.217.44" TYPE="SECTION">
<HEAD>§ 75.1106-2   Transportation of liquefied and nonliquefied compressed gas cylinders; requirements.</HEAD>
<P>(a) Liquefied and nonliquefied compressed gas cylinders transported into or through an underground coal mine shall be: 
</P>
<P>(1) Placed securely in devices designed to hold the cylinder in place during transit on self-propelled equipment or belt conveyors; 
</P>
<P>(2) Disconnected from all hoses and gages; 
</P>
<P>(3) Equipped with a metal cap or “headband” (fence-type metal protector around the valve stem) to protect the cylinder valve during transit; and, 
</P>
<P>(4) Clearly labeled “empty” or “MT” when the gas in the cylinder has been expended. 
</P>
<P>(b) In addition to the requirements of paragraph (a) of this section, when liquefied and nonliquefied compressed gas cylinders are transported by a trolley wire haulage system into or through an underground coal mine, such cylinders shall be placed in well insulated and substantially constructed containers which are specifically designed for holding such cylinders. 
</P>
<P>(c) Liquefied and nonliquefied compressed gas cylinders shall not be transported on mantrips. 
</P>
<CITA TYPE="N">[36 FR 22061, Nov. 19, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1106-3" NODE="30:1.0.1.12.38.12.217.45" TYPE="SECTION">
<HEAD>§ 75.1106-3   Storage of liquefied and nonliquefied compressed gas cylinders; requirements.</HEAD>
<P>(a) Liquefied and nonliquefied compressed gas cylinders stored in an underground coal mine shall be: 
</P>
<P>(1) Clearly marked and identified as to their contents in accordance with Department of Transportation regulations. 
</P>
<P>(2) Placed securely in storage areas designated by the operator for such purpose, and where the height of the coalbed permits, in an upright position, preferably in specially designated racks, or otherwise secured against being accidently tipped over. 
</P>
<P>(3) Protected against damage from falling material, contact with power lines and energized electrical equipment, heat from welding, cutting or soldering, and exposure to flammable liquids. 
</P>
<P>(b) Liquefied and nonliquefied compressed gas cylinders shall not be stored or left unattended in any area inby the last open crosscut of an underground coal mine. 
</P>
<P>(c) When not in use, the valves of all liquefied and nonliquefied compressed gas cylinders shall be in the closed position, and all hoses shall be removed from the cylinder. 
</P>
<CITA TYPE="N">[36 FR 22061, Nov. 19, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1106-4" NODE="30:1.0.1.12.38.12.217.46" TYPE="SECTION">
<HEAD>§ 75.1106-4   Use of liquefied and nonliquefied compressed gas cylinders; general requirements.</HEAD>
<P>(a) Persons assigned by the operator to use and work with liquefied and nonliquefied compressed gas shall be trained and designated by the operator as qualified to perform the work to which they are assigned, and such qualified persons shall be specifically instructed with respect to the dangers inherent in the use of such gases in an underground coal mine. 
</P>
<P>(b) Persons who perform welding, cutting, or burning operations shall wear clothing free from excessive oil or grease. 
</P>
<P>(c) Liquefied and nonliquefied compressed gas shall be used only in well-ventilated areas. 
</P>
<P>(d) Not more than one liquefied or nonliquefied compressed gas unit, consisting of one oxygen cylinder and one additional gas cylinder, shall be used to repair any unit of equipment which is inby the loading point of any section. 
</P>
<P>(e) Where liquefied and nonliquefied compressed gas is used regularly in underground shops or other underground structures, such shops or structures shall be on a separate split of air. 
</P>
<P>(f) Where liquefied and nonliquefied compressed gas is used in any area in which oil, grease, or coal dust is present, oil and grease deposits shall, where practicable, be removed and the entire area within 10 feet of the worksite covered with a heavy coating of rock dust. 
</P>
<P>(g) Liquefied and nonliquefied compressed gas cylinders shall be located no less than 10 feet from the worksite, and where the height of the coal seam permits, they shall be placed in an upright position and chained or otherwise secured against falling. 
</P>
<P>(h) Liquefied and nonliquefied compressed gas shall not be used under direct pressure from the cylinder and, where such gases are used under reduced pressure, the pressure level shall not exceed that recommended by the manufacturer. 
</P>
<P>(i) “Manifolding cylinders” shall only be performed in well-ventilated shops where the necessary equipment is properly installed and operated in accordance with specifications for safety prescribed by the manufacturer. 
</P>
<CITA TYPE="N">[36 FR 22061, Nov. 19, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1106-5" NODE="30:1.0.1.12.38.12.217.47" TYPE="SECTION">
<HEAD>§ 75.1106-5   Maintenance and tests of liquefied and nonliquefied compressed gas cylinders; accessories and equipment; requirements.</HEAD>
<P>(a) Hose lines, gages, and other cylinder accessories shall be maintained in a safe operating condition. 
</P>
<P>(b) Defective cylinders, cylinder accessories, torches, and other welding, cutting, and burning equipment shall be labeled “defective” and taken out of service. 
</P>
<P>(c) Each qualified person assigned to perform welding, cutting, or burning with liquefied and nonliquefied compressed gas shall be equipped with a wrench specifically designed for use with liquefied and nonliquefied compressed gas cylinders and a suitable torchtip cleaner to maintain torches in a safe operating condition. 
</P>
<P>(d) Tests for leaks on the hose valves or gages of liquefied and nonliquefied compressed gas cylinders shall only be made with a soft brush and soapy water or soap suds, or other device approved by the Secretary. 
</P>
<CITA TYPE="N">[36 FR 22062, Nov. 19, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1106-6" NODE="30:1.0.1.12.38.12.217.48" TYPE="SECTION">
<HEAD>§ 75.1106-6   Exemption of small low pressure gas cylinders containing nonflammable or nonexplosive gas mixtures.</HEAD>
<P>Small low pressure gas cylinders containing nonflammable or nonexplosive gas mixtures, which provide for the emission of such gas under a pressure reduced from a pressure which does not exceed 250 p.s.i.g., and which is manufactured and sold in conformance with U.S. Department of Transportation Special Permit No. 6029 as a calibration test kit for methane monitoring systems, shall be exempt from the requirements of §§ 75.1106-2(c) and 75.1106-4(d), (f) and (g). 
</P>
<CITA TYPE="N">[36 FR 22062, Nov. 19, 1971] 


</CITA>
</DIV8>


<DIV7 N="217" NODE="30:1.0.1.12.38.12.217" TYPE="SUBJGRP">
<HEAD>Fire Suppression Devices and Fire-Resistant Hydraulic Fluids on Underground Equipment</HEAD>


<DIV8 N="§ 75.1107" NODE="30:1.0.1.12.38.12.217.49" TYPE="SECTION">
<HEAD>§ 75.1107   Fire suppression devices.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>On and after March 30, 1971, fire-suppression devices meeting specifications prescribed by the Secretary shall be installed on unattended underground equipment and suitable fire-resistant hydraulic fluids approved by the Secretary shall be used in the hydraulic systems of such equipment. Such fluids shall be used in the hydraulic systems of other underground equipment unless fire suppression devices meeting specifications prescribed by the Secretary are installed on such equipment. 


</P>
</DIV8>


<DIV8 N="§ 75.1107-1" NODE="30:1.0.1.12.38.12.217.50" TYPE="SECTION">
<HEAD>§ 75.1107-1   Fire-resistant hydraulic fluids and fire suppression devices on underground equipment.</HEAD>
<P>(a)(1) Unattended electrically powered equipment used underground which uses hydraulic fluid shall use approved fire-resistant hydraulic fluid. 
</P>
<P>(2) Except as provided in paragraph (a) (3) of this section, within 24 production shift hours after being installed, unattended electrically powered equipment used underground shall be equipped with a fire suppression device which meets the applicable requirements of §§ 75.1107-3 through 75.1107-16. 
</P>
<P>(3) Unattended enclosed motors, controls, transformers, rectifiers, and other similar noncombustible electrically powered equipment containing no flammable fluid may be protected: 
</P>
<P>(i) By an approved fire suppression device, or 
</P>
<P>(ii) Be located at least 2 feet from coal or other combustible materials, or 
</P>
<P>(iii) Be separated from the coal or combustible materials by a 4-inch-thick masonry firewall or equivalent; and be mounted on a minimum 4-inch-thick noncombustible surface, platform, or equivalent. The electrical cables at such equipment shall conform with the requirements of Part 18 of this chapter (Bureau of Mines Schedule 2G) or be in metal conduit. 
</P>
<P>(b) Attended electrically powered equipment used underground which uses hydraulic fluid shall use approved fire-resistant hydraulic fluid unless such equipment is protected by a fire suppression device which meets the applicable requirements of §§ 75.1107-3—75.1107-16. 
</P>
<P>(c) For purpose of §§ 75.1107—75.1107-16 the following underground equipment shall be considered attended equipment: 
</P>
<P>(1) Any machine or device regularly operated by a miner assigned to operate such machine or device; 
</P>
<P>(2) Any machine or device which is mounted in the direct line of sight of a jobsite which is located within 500 feet of such machine or device and which jobsite is regularly occupied by a miner assigned to perform job duties at such jobsite during each production shift. 
</P>
<P>(d) Machines and devices described under paragraph (c) of this section must be inspected for fire and the input powerline deenergized when workmen leave the area for more than 30 minutes. 
</P>
<CITA TYPE="N">[37 FR 15301, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-2" NODE="30:1.0.1.12.38.12.217.51" TYPE="SECTION">
<HEAD>§ 75.1107-2   Approved fire-resistant hydraulic fluids; minimum requirements.</HEAD>
<P>Fire-resistant hydraulic fluids and concentrates required to be employed in the hydraulic system of underground equipment in accordance with the provisions of § 75.1107-1 shall be considered suitable only if they have been produced under an approval, or any modification thereof, issued pursuant to Part 35 Subchapter I of this chapter (Bureau of Mines Schedule 30), or any revision thereof. 
</P>
<CITA TYPE="N">[37 FR 15301, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-3" NODE="30:1.0.1.12.38.12.217.52" TYPE="SECTION">
<HEAD>§ 75.1107-3   Fire suppression devices; approved components; installation requirements.</HEAD>
<P>(a) The components of each fire suppression device required to be installed in accordance with the provisions of § 75.1107-1 shall be approved by the Secretary, or where appropriate be listed as approved by a nationally recognized agency approved by the Secretary. 
</P>
<P>(b) Where used, pressure vessels shall conform with the requirements of sections 3603, 3606, 3607, 3707, and 3708 of National Fire Code No. 22 “Water Tanks for Private Fire Protection” (NFPA No. 22-1971). 
</P>
<P>(c) The cover of hose of fire suppression devices, if used on the protected equipment and installed after the effective date of this section, shall meet the flame-resistant requirements of Part 18 of this chapter (Bureau of Mines Schedule 2G). 
</P>
<P>(d) Fire suppression devices required to be installed in accordance with the provisions of § 75.1107-1 shall where appropriate be installed in accordance with the manufacturer's specifications. 
</P>
<CITA TYPE="N">[37 FR 15301, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-4" NODE="30:1.0.1.12.38.12.217.53" TYPE="SECTION">
<HEAD>§ 75.1107-4   Automatic fire sensors and manual actuators; installation; minimum requirements.</HEAD>
<P>(a)(1) Where fire suppression devices are installed on unattended underground equipment, one or more point-type sensors or equivalent shall be installed for each 50 square feet of top surface area, or fraction thereof, of such equipment, and each sensor shall be designed to activate the first suppression system and disconnect the electrical power source to the equipment protected, and, except where sprinklers are used, there shall be in addition, a manual actuator installed to operate the system. Where sprinklers are used, provision shall be made for manual application of water to the protected equipment in lieu of a manual actuator. 
</P>
<P>(2) Two or more manual actuators, where practicable, shall be installed, as provided in paragraphs (a)(2) (i) and (ii) of this section, to activate fire suppression devices on attended equipment purchased on or after the effective date of this § 75.1107-4. At least one manual actuator shall be used on equipment purchased prior to the effective date of this § 75.1107-4. 
</P>
<P>(i) Manual actuators installed on attended equipment regularly operated by a miner, as provided in § 75.1107-1(c)(1) shall be located at different locations on the equipment, and at least one manual actuator shall be located within easy reach of the operator's normal operating position. 
</P>
<P>(ii) Manual actuators to activate fire suppression devices on attended equipment not regularly operated by a miner, as provided in § 75.1107-1(c)(2), shall be installed at different location, and at least one manual actuator shall be installed so as to be easily reached by the miner at the jobsite or by persons approaching the equipment. 
</P>
<P>(b) Sensors shall, where practicable, be installed in accordance with the recommendations set forth in National Fire Code No. 72A “Local Protective Signaling Systems” (NFPA No. 72A-1967). 
</P>
<P>(c) On unattended equipment the fire suppression device shall operate independently of the power to the main motor (or equivalent) so it will remain operative if the circuit breakers (or other protective device) actuates. On attended equipment powered through a trailing cable the fire suppression device shall operate independently of the electrical power provided by the cable. 
</P>
<P>(d) Point-type sensors (such as thermocouple, bimetallic strip, or rate of temperature rise) located in ventilated passageways shall be installed downwind from the equipment to be protected. 
</P>
<P>(e) Sensor systems shall include a device or method for determining their operative condition. 
</P>
<CITA TYPE="N">[37 FR 15301, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-5" NODE="30:1.0.1.12.38.12.217.54" TYPE="SECTION">
<HEAD>§ 75.1107-5   Electrical components of fire suppression devices; permissibility requirements.</HEAD>
<P>The electrical components of each fire suppression device used on permissible equipment inby the last open crosscut or on equipment in the return airways of any coal mine shall be permissible or intrinsically safe and such components shall be maintained in permissible or intrinsically safe condition. 
</P>
<CITA TYPE="N">[37 FR 15302, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-6" NODE="30:1.0.1.12.38.12.217.55" TYPE="SECTION">
<HEAD>§ 75.1107-6   Capacity of fire suppression devices; location and direction of nozzles.</HEAD>
<P>(a) Each fire suppression device shall be: 
</P>
<P>(1) Adequate in size and capacity to extinguish potential fires in or on the equipment protected; and 
</P>
<P>(2) Suitable for the atmospheric conditions surrounding the equipment protected (e.g., air velocity, type, and proximity of adjacent combustible material); and 
</P>
<P>(3) Rugged enough to withstand rough usage and vibration when installed on mining equipment. 
</P>
<P>(b) The extinguishant-discharge nozzles of each fire suppression device shall, where practicable, be located so as to take advantage of mine ventilation air currents. The fire suppression device may be of the internal injection, inundating, or combination type. Where fire control is achieved by internal injection, or combination of internal injection and inundation, hazardous locations shall be enclosed to minimize runoff and overshoot of the extinguishing agent and the extinguishing agent shall be directed onto: 
</P>
<P>(1) Cable reel compartments and electrical cables on the equipment which are subject to flexing or to external damage; and 
</P>
<P>(2) All hydraulic components on the equipment which are exposed directly to or located in the immediate vicinity of electrical cables which are subject to flexing or to damage. 
</P>
<CITA TYPE="N">[37 FR 15302, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-7" NODE="30:1.0.1.12.38.12.217.56" TYPE="SECTION">
<HEAD>§ 75.1107-7   Water spray devices; capacity; water supply; minimum requirements.</HEAD>
<P>(a) Where water spray devices are used on unattended underground equipment the rate of flow shall be at least 0.25 gallon per minute per square foot over the top surface area of the equipment and the supply of water shall be adequate to provide the required flow of water for 10 minutes. 
</P>
<P>(b) Where water spray devices are used for inundating attended underground equipment the rate of flow shall be at least 0.18 gallon per minute per square foot over the top surface area of the equipment (excluding conveyors, cutters, and gathering heads), and the supply of water shall be adequate to provide the required flow of water for 10 minutes. 
</P>
<P>(c) Where water is used for internal injection on attended equipment the total quantity of water shall be at least 4.5 gallons times the number of hazardous locations; however, the total minimum amount of water shall not be less than the following:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of equipment
</TH><TH class="gpotbl_colhed" scope="col">Water in gallons
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Cutting machines</TD><TD align="right" class="gpotbl_cell">36
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Continuous miners</TD><TD align="right" class="gpotbl_cell">36
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Haulage vehicles</TD><TD align="right" class="gpotbl_cell">22.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) All other attended equipment</TD><TD align="right" class="gpotbl_cell">18.0</TD></TR></TABLE></DIV></DIV>
<FP>The rate of flow shall be not less than 7 gallons per minute. 
</FP>
<P>(d) Where water is used in a combination internal injection and inundation system on attended equipment the rate of flow shall be at least 0.12 gallon per minute per square foot over the top surface area of the equipment (excluding conveyors, cutters, and gathering heads), and the supply of water shall be adequate to provide the required flow of water for 10 minutes. 
</P>
<P>(e) On equipment provided with a cable reel and an internal injection or combination-type system, the amount of water discharged into the cable reel compartments shall be approximately 25 percent of the amount required to be discharged by the system, however, such quantity need not exceed 10 gallons. 
</P>
<P>(f) Liquid chemicals may be used, as approved by the Secretary in self-contained fire suppression devices. Such liquid chemicals shall be nontoxic and when applied to a fire shall not produce excessive toxic compounds. The quantity of liquid chemicals required shall be proportionately less than water as based on equivalency ratings established by the Secretary or equivalency ratings made by a nationally recognized agency approved by the Secretary. 
</P>
<CITA TYPE="N">[37 FR 15302, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-8" NODE="30:1.0.1.12.38.12.217.57" TYPE="SECTION">
<HEAD>§ 75.1107-8   Fire suppression devices; extinguishant supply systems.</HEAD>
<P>(a) Fire suppression systems using water or liquid chemical to protect attended equipment shall: 
</P>
<P>(1) Be maintained at a pressure consistent with the pipe, fittings, valves, and nozzles used in the system. 
</P>
<P>(2) Be located so as to be protected against damage during operation of the equipment protected. 
</P>
<P>(3) Employ liquid which is free from excessive sediment and noncorrosive to the system. 
</P>
<P>(4) Include strainers equipped with flush-out connections or equivalent protective devices and a rising stem or other visual indicator-type shutoff valve. 
</P>
<P>(b) Water supplies for fire suppression devices installed on underground equipment may be maintained in mounted water tanks or by connection to water mains. Such water supplies shall be continuously connected to the fire suppression device whenever the equipment is connected to a power source, except for a reasonable time for changing hose connections to hydrants while the machine is stopped in a ventilated passageway. 
</P>
<CITA TYPE="N">[37 FR 15302, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-9" NODE="30:1.0.1.12.38.12.217.58" TYPE="SECTION">
<HEAD>§ 75.1107-9   Dry chemical devices; capacity; minimum requirements.</HEAD>
<P>(a) Dry chemical fire extinguishing systems used on underground equipment shall be of the multipurpose powder-type and shall include the following: 
</P>
<P>(1) The system including all hose and nozzles shall be protected against the entrance of moisture, dust, or dirt; 
</P>
<P>(2) The system shall be guarded against damage during operation of the equipment protected; 
</P>
<P>(3) Hose and pipe shall be as short as possible; the distance between the chemical container and furthest nozzle shall not exceed 50 feet; 
</P>
<P>(4) Hose, piping, and fittings between the actuator and the chemical container shall have a bursting pressure of 500 pounds per square inch (gage) or higher; the hose, piping, and fittings between the chemical container and the nozzles shall have a bursting pressure of 300 pounds per square inch (gage) or higher and 
</P>
<P>(5) The system shall discharge in 1 minute or less, for quantities less than 50 pounds (nominal) 
<SU>1</SU>
<FTREF/> and in less than 2 minutes for quantities more than 50 pounds; 
</P>
<FTNT>
<P>
<SU>1</SU> Many dry chemical systems were originally designed for sodium bicarbonate before all-purpose chemical (ammonium phosphate) was shown to be more effective. Sodium bicarbonate is denser than ammonium phosphate; hence, for example, a 50-pound system designed for the sodium bicarbonate will hold slightly more by weight than all-purpose dry chemical (ammonium phosphate) by weight. The word “nominal” is used in § 75.1107-9 to express the approximate weight in pounds of all-purpose dry chemical.</P></FTNT>
<P>(b) On unattended underground equipment, the number of pounds of dry chemical employed by the system shall be not less than 1 pound per square foot of top surface area of the equipment; however, the minimum amount in any system shall be 20 pounds (nominal). The discharge shall be directed into and on potentially hazardous locations of the equipment. 
</P>
<P>(c) On attended underground equipment, the number of pounds (nominal) employed by the system shall equal 5 times the total number of hazardous locations; however, the minimum amount in any system shall not be less than the following, except that systems on haulage vehicles installed prior to the effective date of this section may contain 20 pounds (nominal).
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of equipment
</TH><TH class="gpotbl_colhed" scope="col">Dry chemical pounds (nominal)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Cutting machines</TD><TD align="right" class="gpotbl_cell">40
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Continuous miners</TD><TD align="right" class="gpotbl_cell">40
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Haulage vehicles</TD><TD align="right" class="gpotbl_cell">30
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) All other attended equipment</TD><TD align="right" class="gpotbl_cell">20</TD></TR></TABLE></DIV></DIV>
<P>(d) The amount of dry chemical discharged into the cable reel compartments of attended underground equipment shall be approximately 25 percent of the total amount required to be discharged by the system; however, the quantity discharged into cable reel compartments need not exceed 10 pounds. 
</P>
<CITA TYPE="N">[37 FR 15302, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-10" NODE="30:1.0.1.12.38.12.217.59" TYPE="SECTION">
<HEAD>§ 75.1107-10   High expansion foam devices; minimum capacity.</HEAD>
<P>(a) On unattended underground equipment the amount of water delivered as high expansion foam for a period of approximately 20 minutes shall be not less than 0.06 gallon per minute per square foot of surface area of the equipment protected; however, the minimum total rate for any system shall be not less than 3 gallons per minute. 
</P>
<P>(b) On attended underground equipment, foam may be delivered by internal injection, inundation, or combination-type systems. Each system shall deliver water as foam for a minimum of 10 minutes. For internal injection, the rate of water application as high expansion foam shall be not less than 0.5 gallon per minute per hazardous location; however, the minimum total rate shall be not less than 2 gallons per minute. For inundation, the rate of water application as high expansion foam shall be not less than 0.05 gallon per minute per square foot of top surface area of the equipment protected; however, the minimum total rate shall be not less than 5 gallons of water per minute. 
</P>
<P>(c) In combined internal injection and inundation systems the rate of water applied as foam shall not be less than 0.035 gallon per minute per square foot of top surface area of the equipment protected; however, the minimum total rate shall not be less than 3.5 gallons of water per minute. 
</P>
<P>(d) Where internal injection is employed, the amount of water discharged as high expansion foam into the cable reel compartments of underground equipment regularly operated by a miner shall be approximately 25 percent of the total amount required to be discharged by the system; however, the quantity of water discharged as foam into the cable reel compartment need not exceed 1.5 gallons. 
</P>
<CITA TYPE="N">[37 FR 15303, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-11" NODE="30:1.0.1.12.38.12.217.60" TYPE="SECTION">
<HEAD>§ 75.1107-11   Extinguishing agents; requirements on mining equipment employed in low coal.</HEAD>
<P>On mining equipment no more than 32 inches high, the quantity of extinguishing agent required under the provisions of §§ 75.1107-7, 75.1107-9, and 75.1107-10 may be reduced by one-fourth if space limitations on the equipment require such reduction. 
</P>
<CITA TYPE="N">[37 FR 15303, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-12" NODE="30:1.0.1.12.38.12.217.61" TYPE="SECTION">
<HEAD>§ 75.1107-12   Inerting of mine atmosphere prohibited.</HEAD>
<P>No fire suppression device designed to control fire by total flooding shall be installed to protect unattended underground equipment except in enclosed dead-end entries or enclosed rooms. 
</P>
<CITA TYPE="N">[37 FR 15303, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-13" NODE="30:1.0.1.12.38.12.217.62" TYPE="SECTION">
<HEAD>§ 75.1107-13   Approval of other fire suppression devices.</HEAD>
<P>Notwithstanding the provisions of §§ 75.1107-1 through 75.1107-12 the District Manager for the District in which the mine is located may approve any other fire suppression system or device which provides substantially equivalent protection as would be achieved through compliance with those sections: <I>Provided,</I> That no such system or device shall be approved which does not meet the following minimum criteria: 
</P>
<P>(a) Components shall be approved by the Secretary, or where appropriate be listed as approved by a nationally recognized agency approved by the Secretary. 
</P>
<P>(b) The fire suppression equipment shall be designed to withstand the rigors of the mine environment. Where used, pressure vessels shall conform with the requirements of section 3603, 3606, 3607, 3707, and 3708 of National Fire Code No. 22 “Water Tanks for Private Fire Protection” (NFPA No. 22-1971). 
</P>
<P>(c) The cover of hose of fire suppression devices, if used on the protected equipment, shall meet the flame-resistant requirements of Part 18 of this chapter (Bureau of Mines Schedule 2G). 
</P>
<P>(d) Extinguishing agents shall not create a serious toxic or other hazard to the miners. 
</P>
<P>(e) The electrical components of the fire suppression device shall meet the requirements for electrical components of the mining machine. 
</P>
<P>(f) Where used, manual actuators for initiating the operation of the fire suppression device shall be readily accessible to the machine operator. On unattended equipment, an automatic as well as a manual actuator shall be provided. 
</P>
<P>(g) On unattended equipment the fire suppression device shall operate independently of the power to the main motor (or equivalent) so it will remain operative if the circuit breakers (or other protective device) actuates. On attended equipment powered through a trailing cable the fire suppression device shall operate independently of the electrical power provided by the cable. 
</P>
<P>(h) On unattended equipment, the sensor system shall have a means for checking its operative condition. 
</P>
<P>(i) The fire suppression agent shall be directed at locations where the greatest potential fire hazard exists. Cable reel compartments shall receive approximately twice the quantity of extinguishing agent as each other hazardous location. 
</P>
<P>(j) The rate of application of the fire suppression agent shall minimize the time for quenching and the total quantity applied shall be sufficient to quench a fire in its incipient stage. 
</P>
<P>(k) The effectiveness of the quenching agent, together with the total quantity of agent and its rate of application shall provide equivalent protection to the water, dry powder, or foam systems described in §§ 75.1107-7, 75.1107-9, and 75.1107-10. 
</P>
<P>(l) The fire suppression device shall be operable at all times electrical power is connected to the mining machine, except during tramming when the machine is in a ventilated passageway, the water hose if used, may be switched from one hydrant to another in a reasonable time and except in systems meeting the minimum special criteria set forth in paragraph (m) of this section. 
</P>
<P>(m) Systems for attended equipment which are not continuously connected to a water supply shall not be approved unless they meet the following minimum criteria: 
</P>
<P>(1) The machine shall be equipped with a firehose at least 50 feet in length which is continuously connected to the machine-mounted portion of the system. 
</P>
<P>(2) Hydrants in proximity to the area where the machine is to be used shall be equipped with sufficient hose to reach the machine at any time it is connected to a power source. 
</P>
<P>(3) The machine shall be used only where the operator (or other person) will always be in ventilated air uncontaminated by smoke and hot gases from the machine fire while extending the machine-mounted hose to connect with the hydrant-mounted hose. 
</P>
<P>(4) The machine and hydrant hoses shall be readily accessible so that the connection between the machine-mounted hose and the hydrant hose can be made and water flow achieved in not more than 3 minutes under actual mining conditions for any location of the machine while electric power is connected. 
</P>
<P>(5) The rate of water flow at the machine shall provide a minimum of 0.12 gallon of water per minute per square foot of top surface area (excluding conveyors, cutters, and gathering heads). The water shall discharge to all hazardous locations on the machine. 
</P>
<P>(6) Hose, if used on the machine, in addition to meeting the flame resistant requirements for the cover of a hose provided in §§ 75.1107-3(b) and 75.1107-13(c) shall have a minimum burst pressure 4 times that of the static water pressure at the mining machine. Fabric braid hose shall have at least two braids, and wire braid hose shall have at least a single braid. 
</P>
<P>(7) In addition to the hose located at the hydrant (which is intended to be connected to the hose on the machine) the firefighting equipment required by § 75.1100-2(a) shall be maintained. 
</P>
<P>(8) A sufficient number of trained miners shall be kept on the section when the machine is in use to connect the machine hose to the hydrant hose and achieve water flow in not more than 3 minutes. 
</P>
<CITA TYPE="N">[37 FR 15303, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-14" NODE="30:1.0.1.12.38.12.217.63" TYPE="SECTION">
<HEAD>§ 75.1107-14   Guards and handrails; requirements where fire suppression devices are employed.</HEAD>
<P>All unattended underground equipment provided with fire suppression devices which are mounted in dead end entries, enclosed rooms or other potentially hazardous locations shall be equipped with adequate guards at moving or rotating components. Handrails or other effective protective devices shall be installed at such locations where necessary to facilitate rapid egress from the area surrounding such equipment. 
</P>
<CITA TYPE="N">[37 FR 15303, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-15" NODE="30:1.0.1.12.38.12.217.64" TYPE="SECTION">
<HEAD>§ 75.1107-15   Fire suppression devices; hazards; training of miners.</HEAD>
<P>Each operator shall instruct all miners normally assigned to the active workings of the mine with respect to any hazards inherent in the operation of all fire suppression devices installed in accordance with § 75.1107-1 and, where appropriate, the safeguards available at each such installation. 
</P>
<CITA TYPE="N">[37 FR 15303, July 29, 1972] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-16" NODE="30:1.0.1.12.38.12.217.65" TYPE="SECTION">
<HEAD>§ 75.1107-16   Inspection of fire suppression devices.</HEAD>
<P>(a) All fire suppression devices shall be visually inspected at least once each week by a person qualified to make such inspections. 
</P>
<P>(b) Each fire suppression device shall be tested and maintained in accordance with the requirements specified in the appropriate National Fire Code listed as follows for the type and kind of device used: 
</P>
<EXTRACT>
<FP-1>National Fire Code No. 11A “High Expansion Foam Systems” (NFPA No. 11A—1970). 
</FP-1>
<FP-1>National Fire Code No. 13A “Care and Maintenance of Sprinkler Systems” (NFPA No. 13A—1971). 
</FP-1>
<FP-1>National Fire Code No. 15 “Water Spray Fixed Systems for Fire Protection” (NFPA No. 15—1969). 
</FP-1>
<FP-1>National Fire Code No. 17 “Dry Chemical Extinguishing Systems” (NFPA No. 17—1969). 
</FP-1>
<FP-1>National Fire Code No. 72A “Local Protective Signaling Systems” (NFPA No. 72A—1967). 
</FP-1>
<FP-1>National Fire Code No. 198 “Care of Fire Hose” (NFPA No. 198—1969).</FP-1></EXTRACT>
<P>(c) A record of the inspections required by this section shall be maintained by the operator. The record of the weekly inspections may be maintained at an appropriate location by each fire suppression device.
</P>
<CITA TYPE="N">[37 FR 15304, July 29, 1972, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1107-17" NODE="30:1.0.1.12.38.12.217.66" TYPE="SECTION">
<HEAD>§ 75.1107-17   Incorporation by reference; availability of publications.</HEAD>
<P>In accordance with 5 U.S.C. 552(a), the technical publications to which reference is made in §§ 75.1107-1 through 75.1107-16, and which have been prepared by organizations other than the Bureau of Mines or the Mine Safety and Health Administration, are hereby incorporated by reference and made a part hereof. The incorporated publications are available for examination at each MSHA Coal Mine Safety and Health district office. National Fire Codes are available from the National Fire Protection Association, 11 Tracy Drive, Avon, MA 02322; Telephone: 800-344-3555 (toll free); <I>http://www.nfpa.org.</I> 
</P>
<CITA TYPE="N">[37 FR 15304, July 29, 1972, as amended at 71 FR 16669, Apr. 3, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1108" NODE="30:1.0.1.12.38.12.217.67" TYPE="SECTION">
<HEAD>§ 75.1108   Approved conveyor belts.</HEAD>
<XREF ID="20260625" REFID="42">Link to an amendment published at 91 FR 38289, June 25, 2026.</XREF>
<P>(a) Until December 31, 2009 conveyor belts placed in service in underground coal mines shall be:
</P>
<P>(1) Approved under Part 14; or
</P>
<P>(2) Accepted under Part 18.
</P>
<P>(b) Effective December 31, 2009 conveyor belts placed in service in underground coal mines shall be approved under Part 14. If MSHA determines that Part 14 approved belt is not available, the Agency will consider an extension of the effective date.
</P>
<P>(c) Effective December 31, 2018 all conveyor belts used in underground coal mines shall be approved under Part 14.
</P>
<CITA TYPE="N">[73 FR 80616, Dec. 31, 2008]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="M" NODE="30:1.0.1.12.38.13" TYPE="SUBPART">
<HEAD>Subpart M—Maps</HEAD>


<DIV8 N="§ 75.1200" NODE="30:1.0.1.12.38.13.218.1" TYPE="SECTION">
<HEAD>§ 75.1200   Mine map.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>The operator of a coal mine shall have in a fireproof repository located in an area on the surface of the mine chosen by the mine operator to minimize the danger of destruction by fire or other hazard, an accurate and up-to-date map of such mine drawn on scale. Such map shall show: 
</P>
<P>(a) The active workings; 
</P>
<P>(b) All pillared, worked out, and abandoned areas, except as provided in this section; 
</P>
<P>(c) Entries and aircourses with the direction of airflow indicated by arrows; 
</P>
<P>(d) Contour lines of all elevations; 
</P>
<P>(e) Elevations of all main and cross or side entries; 
</P>
<P>(f) Dip of the coalbed; 
</P>
<P>(g) Escapeways; 
</P>
<P>(h) Adjacent mine workings within 1,000 feet; 
</P>
<P>(i) Mines above or below; 
</P>
<P>(j) Water pools above; and 
</P>
<P>(k) Either producing or abandoned oil and gas wells located within 500 feet of such mine and any underground area of such mine; and, 
</P>
<P>(l) Such other information as the Secretary may require. Such map shall identify those areas of the mine which have been pillared, worked out, or abandoned, which are inaccessible or cannot be entered safely and on which no information is available. 


</P>
</DIV8>


<DIV8 N="§ 75.1200-1" NODE="30:1.0.1.12.38.13.218.2" TYPE="SECTION">
<HEAD>§ 75.1200-1   Additional information on mine map.</HEAD>
<P>Additional information required to be shown on mine maps under § 75.1200 shall include the following: 
</P>
<P>(a) Name and address of the mine; 
</P>
<P>(b) The scale and orientation of the map; 
</P>
<P>(c) The property or boundary lines of the mine; 
</P>
<P>(d) All drill holes that penetrate the coalbed being mined; 
</P>
<P>(e) All shaft, slope, drift, and tunnel openings and auger and strip mined areas of the coalbed being mined; 
</P>
<P>(f) The location of all surface mine ventilation fans; the location may be designated on the mine map by symbols; 
</P>
<P>(g) The location of railroad tracks and public highways leading to the mine, and mine buildings of a permanent nature with identifying names shown; 
</P>
<P>(h) The location and description of at least two permanent base line points coordinated with the underground and surface mine traverses, and the location and description of at least two permanent elevation bench marks used in connection with establishing or referencing mine elevation surveys; 
</P>
<P>(i) The location of any body of water dammed in the mine or held back in any portion of the mine; provided, however, such bodies of water may be shown on overlays or tracings attached to the mine maps used to show contour lines as provided under paragraph (m) of this section; 
</P>
<P>(j) The elevations of tops and bottoms of shafts and slopes, and the floor at the entrance to drift and tunnel openings; 
</P>
<P>(k) The elevation of the floor at intervals of not more than 200 feet in: 
</P>
<P>(1) At least one entry of each working section, and main and cross entries; 
</P>
<P>(2) The last line of open crosscuts of each working section, and main and cross entries before such sections and main and cross entries are abandoned; 
</P>
<P>(3) Rooms advancing toward or adjacent to property or boundary lines or adjacent mines; 
</P>
<P>(l) The elevation of any body of water dammed in the mine or held back in any portion of the mine; and, 
</P>
<P>(m) Contour lines passing through whole number elevations of the coalbed being mined. The spacing of such lines shall not exceed 10-foot elevation levels, except that a broader spacing of contour lines may be approved by the District Manager for steeply-pitching coalbeds. Contour lines may be placed on overlays or tracings attached to mine maps. 
</P>
<P>(n) The locations of refuge alternatives.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 73 FR 80697, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1200-2" NODE="30:1.0.1.12.38.13.218.3" TYPE="SECTION">
<HEAD>§ 75.1200-2   Accuracy and scale of mine maps.</HEAD>
<P>(a) The scale of mine maps submitted to the Secretary shall not be less than 100 or more than 500 feet to the inch. 
</P>
<P>(b) Mine traverses shall be advanced by closed loop methods of traversing or other equally accurate methods of traversing. 


</P>
</DIV8>


<DIV8 N="§ 75.1201" NODE="30:1.0.1.12.38.13.218.4" TYPE="SECTION">
<HEAD>§ 75.1201   Certification.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Such map shall be made or certified by a registered engineer or a registered surveyor of the State in which the mine is located. 


</P>
</DIV8>


<DIV8 N="§ 75.1202" NODE="30:1.0.1.12.38.13.218.5" TYPE="SECTION">
<HEAD>§ 75.1202   Temporary notations, revisions, and supplements.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Such map shall be kept up-to-date by temporary notations and such map shall be revised and supplemented at intervals prescribed by the Secretary on the basis of a survey made or certified by such engineer or surveyor. 


</P>
</DIV8>


<DIV8 N="§ 75.1202-1" NODE="30:1.0.1.12.38.13.218.6" TYPE="SECTION">
<HEAD>§ 75.1202-1   Temporary notations, revisions, and supplements.</HEAD>
<P>(a) Mine maps shall be revised and supplemented at intervals of not more than 6 months. 
</P>
<P>(b) Temporary notations shall include: 
</P>
<P>(1) The location of each working face of each working place; 
</P>
<P>(2) Pillars mined or other such second mining; 
</P>
<P>(3) Permanent ventilation controls constructed or removed, such as seals, overcasts, undercasts, regulators, and permanent stoppings, and the direction of air currents indicated; 
</P>
<P>(4) Escapeways and refuge alternatives designated by means of symbols.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 73 FR 80697, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1203" NODE="30:1.0.1.12.38.13.218.7" TYPE="SECTION">
<HEAD>§ 75.1203   Availability of mine map.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>The coal mine map and any revision and supplement thereof shall be available for inspection by the Secretary or his authorized representative, by coal mine inspectors of the State in which the mine is located, by miners in the mine and their representatives and by operators of adjacent coal mines and by persons owning, leasing, or residing on surface areas of such mines or areas adjacent to such mines. The operator shall furnish to the Secretary or his authorized representative and to the Secretary of Housing and Urban Development, upon request, one or more copies of such maps and any revision and supplement thereof. Such map or revision and supplement thereof shall be kept confidential and its contents shall not be divulged to any other person, except to the extent necessary to carry out the provisions of this Act and in connection with the functions and responsibilities of the Secretary of Housing and Urban Development. 


</P>
</DIV8>


<DIV8 N="§ 75.1204" NODE="30:1.0.1.12.38.13.218.8" TYPE="SECTION">
<HEAD>§ 75.1204   Mine closure; filing of map with Secretary.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Whenever an operator permanently closes or abandons a coal mine, or temporarily closes a coal mine for a period of more than 90 days, he shall promptly notify the Secretary of such closure. Within 60 days of the permanent closure or abandonment of the mine, or, when the mine is temporarily closed, upon the expiration of a period of 90 days from the date of closure, the operator shall file with the Secretary a copy of the mine map revised and supplemented to the date of the closure. Such copy of the mine map shall be certified by a registered surveyor or registered engineer of the State in which the mine is located and shall be available for public inspection.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1204-1" NODE="30:1.0.1.12.38.13.218.9" TYPE="SECTION">
<HEAD>§ 75.1204-1   Places to give notice and file maps.</HEAD>
<P>Operators shall give notice of mine closures and file copies of maps with the Coal Mine Safety and Health District Office for the district in which the mine is located.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995; 71 FR 16669, Apr. 3, 2006]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="N" NODE="30:1.0.1.12.38.14" TYPE="SUBPART">
<HEAD>Subpart N—Explosives and Blasting</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 46786, Nov. 18, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 75.1300" NODE="30:1.0.1.12.38.14.218.1" TYPE="SECTION">
<HEAD>§ 75.1300   Definitions.</HEAD>
<P>The following definitions apply in this subpart.
</P>
<P><I>Approval.</I> A document issued by MSHA which states that an explosive or explosive unit has met the requirements of this part and which authorizes an approval marking identifying the explosive or explosive unit as approved as permissible.
</P>
<P><I>Battery starting.</I> The use of unconfined explosives to start the flow of coal down a breast or chute in an anthracite mine.
</P>
<P><I>Blasting off the solid.</I> Blasting the working face without providing a second free face by cutting, shearing or other method before blasting.
</P>
<P><I>Instantaneous detonator.</I> An electric detonator that fires within 6 milliseconds after application of the firing current.
</P>
<P><I>Laminated partition.</I> A partition composed of the following material and minimum nominal dimensions: 
<FR>1/2</FR>-inch thick plywood, 
<FR>1/2</FR>-inch thick gypsum wall board, 
<FR>1/8</FR>-inch thick low carbon steel and 
<FR>1/4</FR>-inch thick plywood, bonded together in that order.
</P>
<P><I>Opener hole.</I> The first hole or holes fired in a round blasted off the solid to create an additional free face.
</P>
<P><I>Permissible blasting unit.</I> A device that has been approved by MSHA and that is used for firing electric detonators.
</P>
<P><I>Permissible explosive.</I> Any substance, compound or mixture which is approved by MSHA and whose primary purpose is to function by explosion.
</P>
<P><I>Round.</I> A group of boreholes fired or intended to be fired in a continuous sequence with one application of the firing current.
</P>
<P><I>Sheathed explosive unit.</I> A device consisting of an approved or permissible explosive covered by a sheath encased in a sealed covering and designed to be fired outside the confines of a borehole.
</P>
<P><I>Short-delay electric detonator.</I> An electric detonator with a designated delay period of 25 to 1,000 milliseconds.


</P>
</DIV8>


<DIV8 N="§ 75.1301" NODE="30:1.0.1.12.38.14.218.2" TYPE="SECTION">
<HEAD>§ 75.1301   Qualified person.</HEAD>
<P>(a) A qualified person under this subpart is a person who—
</P>
<P>(1) Is certified or qualified to use explosives by the State in which the mine is located provided that the State requires a demonstration of ability to safely use permissible explosives as prescribed by this subpart effective January 17, 1989; or
</P>
<P>(2) In States that do not certify or qualify persons to use explosives required by this section, has at least 1 year of experience working in an underground coal mine that includes direct involvement with procedures for handling, loading, and preparing explosives for blasting and demonstrates to an authorized representative of the Secretary the ability to use permissible explosives safely. 
</P>
<P>(b) Persons qualified or certified by a State to use permissible explosives in underground coal mines as of May 17, 1989, are considered qualified under this section even though their State program did not contain a demonstration of ability requirement.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991; 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1310" NODE="30:1.0.1.12.38.14.218.3" TYPE="SECTION">
<HEAD>§ 75.1310   Explosives and blasting equipment.</HEAD>
<P>(a) Only permissible explosives, approved sheathed explosive units, and permissible blasting units shall be taken or used underground.
</P>
<P>(b) Black blasting powder, aluminum-cased detonators, aluminum-alloy-cased detonators, detonators with aluminum leg wires, and safety fuses shall not be taken or used underground.
</P>
<P>(c) Explosives shall be fired only with a permissible blasting unit used in a manner consistent with its approval. Blasting units approved by MSHA that have approval labels specifying use with short-delay detonators with delay periods between 25-500 milliseconds are accepted to fire short-delay detonators up to 1,000 milliseconds, instantaneous detonators and long period delay detonators for anthracite mines.
</P>
<P>(d) Permissible explosives and sheathed explosive units shall not be used underground when they are below the minimum product firing temperature specified by the approval. Explosives previously approved which do not specify a minimum firing temperature are permissible for use so long as the present approval is maintained.
</P>
<P>(e) Electric detonators shall be compatible with the blasting unit and have sufficient strength to initiate the explosives being used.


</P>
</DIV8>


<DIV8 N="§ 75.1311" NODE="30:1.0.1.12.38.14.218.4" TYPE="SECTION">
<HEAD>§ 75.1311   Transporting explosives and detonators.</HEAD>
<P>(a) When explosives and detonators are to be transported underground—
</P>
<P>(1) They shall be enclosed in separate, substantially constructed containers made of nonconductive material, with no metal or other conductive materials exposed inside, except as specified in paragraph (d) of this section; and
</P>
<P>(2) Each container of explosives and of detonators shall be indelibly marked with a readily visible warning identifying the contents.
</P>
<P>(b) When explosives and detonators are transported by any cars or vehicles—
</P>
<P>(1) The cars or vehicles shall be marked with warnings to identify the contents as explosive. The warnings shall be readily visible to miners approaching from any direction and in indelible letters;
</P>
<P>(2) Explosives and detonators shall be transported either in separate cars or vehicles, or if in the same cars or vehicles as follows:
</P>
<P>(i) Class A and Class C detonators in quantities greater than 1,000 shall be kept in the original containers as shipped from the manufacturer and separated from explosives by a hardwood partition at least 4 inches thick, a laminated partition or equivalent; and
</P>
<P>(ii) Class A and Class C detonators in quantities of no more than 1,000 shall be separated from explosives by a hardwood partition at least 4 inches thick, a laminated partition or equivalent.
</P>
<P>(3) No persons, other than those necessary to operate the equipment or to accompany the explosives and detonators, shall be transported with explosives and detonators, and
</P>
<P>(4) When explosives and detonators are transported using trolley locomotives—
</P>
<P>(i) Trips carrying explosives and detonators shall be separated from all other mantrips by at least a 5-minute interval; and 
</P>
<P>(ii) Cars containing explosives or detonators shall be separated from the locomotives by at least one car that is empty or that contains noncombustible materials.
</P>
<P>(c) When explosives and detonators are transported on conveyor belts—
</P>
<P>(1) Containers of explosives shall be separated from containers of detonators by at least 50 feet;
</P>
<P>(2) At least 6 inches of clearance shall be maintained between the top of any container of explosives or container of detonators and the mine roof or other obstruction;
</P>
<P>(3) Except when persons are riding the belt to accompany explosives or detonators, a person shall be at each transfer point between belts and at the unloading location; and
</P>
<P>(4) Conveyor belts shall be stopped before explosives or detonators are loaded or unloaded.
</P>
<P>(d) When explosives and detonators are transported by hand they shall be carried in separate, nonconductive, closed containers.


</P>
</DIV8>


<DIV8 N="§ 75.1312" NODE="30:1.0.1.12.38.14.218.5" TYPE="SECTION">
<HEAD>§ 75.1312   Explosives and detonators in underground magazines.</HEAD>
<P>(a) The quantity of explosives kept underground shall not be more than is needed for 48 hours of use.
</P>
<P>(b) Except as provided in § 75.1313, explosives and detonators taken underground shall be kept in—
</P>
<P>(1) Separate, closed magazines at least 5 feet apart; or
</P>
<P>(2) The same closed magazine when—
</P>
<P>(i) Separated by a hardwood partition at least 4 inches thick; or
</P>
<P>(ii) Separated by a laminated partition; or
</P>
<P>(iii) Separated by a device that is equivalent.
</P>
<P>(c) Only explosives and detonators shall be kept in underground magazines.
</P>
<P>(d) Magazines shall be substantially constructed and all interior surfaces shall be made of nonconductive material, with no metal or other conductive material exposed inside.
</P>
<P>(e) All magazines shall be—
</P>
<P>(1) Located at least 25 feet from roadways and any source of electric current;
</P>
<P>(2) Located out of the direct line of the forces from blasting; and
</P>
<P>(3) Kept as dry as practicable.
</P>
<P>(f) Magazine locations shall be posted with indelibly marked and readily visible warnings indicating the presence of explosives.
</P>
<P>(g) Only materials and equipment to be used in blasting shall be stored at magazine locations.


</P>
</DIV8>


<DIV8 N="§ 75.1313" NODE="30:1.0.1.12.38.14.218.6" TYPE="SECTION">
<HEAD>§ 75.1313   Explosives and detonators outside of magazines.</HEAD>
<P>(a) The quantity of explosives outside a magazine for use in a working section or other area where blasting is to be performed shall—
</P>
<P>(1) Not exceed 100 pounds; or
</P>
<P>(2) Not exceed the amount necessary to blast one round when more than 100 pounds of explosives is required.
</P>
<P>(b) Explosives and detonators outside a magazine that are not being transported or prepared for loading boreholes shall be kept in closed separate containers made of nonconductive material with no metal or other conductive material exposed inside and the containers shall be—
</P>
<P>(1) At least 15 feet from any source of electric current;
</P>
<P>(2) Out of the direct line of the forces from blasting;
</P>
<P>(3) In a location to prevent damage by mobile equipment; and
</P>
<P>(4) Kept as dry as practicable.
</P>
<P>(c) Explosives and detonators not used during the shift shall be returned to a magazine by the end of the shift. 


</P>
</DIV8>


<DIV8 N="§ 75.1314" NODE="30:1.0.1.12.38.14.218.7" TYPE="SECTION">
<HEAD>§ 75.1314   Sheathed explosive units.</HEAD>
<P>(a) A separate instantaneous detonator shall be used to fire each sheathed explosive unit. 
</P>
<P>(b) Sheathed explosive units shall be primed and placed in position for firing only by a qualified person or a person working in the presence of and under the direction of a qualified person. To prime a sheathed explosive unit, the entire detonator shall be inserted into the detonator well of the unit and be held securely in place. 
</P>
<P>(c) Sheathed explosive units shall not be primed until immediately before the units are placed where they are to be fired. A sheathed explosive unit shall not be primed if it is damaged or deteriorated. 
</P>
<P>(d) Except in anthracite mines, rock dust shall be applied to the roof, ribs and floor within a 40-foot radius of the location where the sheathed explosive units are to be fired. 
</P>
<P>(e) No more than three sheathed explosive units shall be fired at one time. 
</P>
<P>(f) No sheathed explosive unit shall be fired in contact with another sheathed explosive unit. 


</P>
</DIV8>


<DIV8 N="§ 75.1315" NODE="30:1.0.1.12.38.14.218.8" TYPE="SECTION">
<HEAD>§ 75.1315   Boreholes for explosives.</HEAD>
<P>(a) All explosives fired underground shall be confined in boreholes except— 
</P>
<P>(1) Sheathed explosives units and other explosive units approved by MSHA for firing outside the confines of a borehole; and 
</P>
<P>(2) Shots fired in anthracite mines for battery starting or for blasting coal overhangs. No person shall go inside a battery to start the flow of material. 
</P>
<P>(b) Each borehole in coal for explosives shall be at least 24 inches from any other borehole and from any free face, unless prohibited by the thickness of the coal seam. 
</P>
<P>(c) Each borehole in rock for explosives shall be at least 18 inches from any other borehole in rock, at least 24 inches from any other borehole in coal, and at least 18 inches from any free face. 
</P>
<P>(d) No borehole that has contained explosives shall be used for starting any other hole. 
</P>
<P>(e) When blasting slab rounds off the solid, opener holes shall not be drilled beyond the rib line. 
</P>
<P>(f) When coal is cut for blasting, the coal shall be supported if necessary to maintain the stability of the column of explosives in each borehole. 


</P>
</DIV8>


<DIV8 N="§ 75.1316" NODE="30:1.0.1.12.38.14.218.9" TYPE="SECTION">
<HEAD>§ 75.1316   Preparation before blasting.</HEAD>
<P>(a)(1) All nonbattery-powered electric equipment, including cables, located within 50 feet from boreholes to be loaded with explosives or the sites where sheathed explosive units are to be placed and fired shall be deenergized or removed to at least 50 feet from these locations before priming of explosives. Battery-powered equipment shall be removed to at least 50 feet from these locations before priming of explosives. 
</P>
<P>(2) As an alternative to paragraph (a)(1) of this section, electric equipment, including cables, need not be deenergized or removed if located at least 25 feet from these locations provided stray current tests conducted prior to priming the explosives detect stray currents of 0.05 ampere or less through a 1-ohm resistor. 
</P>
<P>(i) Tests shall be made at floor locations on the perimeter, on energized equipment frames and on repaired areas of energized cables within the area between 25 to 50 feet from the locations where the explosives are to be primed. 
</P>
<P>(ii) Tests shall be conducted using a blasting multimeter or other instrument specifically designed for such use.
</P>
<P>(3) The blasting cable or detonator circuitry shall not come in contact with energized electric equipment, including cables. 
</P>
<P>(b) Before loading boreholes with explosives, each borehole shall be cleared and its depth and direction determined. 
</P>
<P>(c) No borehole drilled beyond the depth of cut coal shall be loaded with explosives unless that portion of the borehole deeper than the cut is tamped with noncombustible material. 
</P>
<P>(d) When two working faces are approaching each other, cutting, drilling and blasting shall be done at only one working face at a time if the two faces are within 25 feet of each other. 
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 75.1317" NODE="30:1.0.1.12.38.14.218.10" TYPE="SECTION">
<HEAD>§ 75.1317   Primer cartridges.</HEAD>
<P>(a) Primer cartridges shall be primed and loaded only by a qualified person or a person working in the presence of and under the direction of a qualified person. 
</P>
<P>(b) Primer cartridges shall not be primed until immediately before loading boreholes. 
</P>
<P>(c) Only a nonsparking punch shall be used when priming explosive cartridges. 
</P>
<P>(d) Detonators shall be completely within and parallel to the length of the cartridge and shall be secured by half-hitching the leg wires around the cartridge or secured by an equally effective method. 


</P>
</DIV8>


<DIV8 N="§ 75.1318" NODE="30:1.0.1.12.38.14.218.11" TYPE="SECTION">
<HEAD>§ 75.1318   Loading boreholes.</HEAD>
<P>(a) Explosives shall be loaded by a qualified person or a person working in the presence of and under the direction of a qualified person. 
</P>
<P>(b) When boreholes are being loaded, no other work except that necessary to protect persons shall be done in the working place or other area where blasting is to be performed. 
</P>
<P>(c) When loading boreholes drilled at an angle of 45 degrees or greater from the horizontal in solid rock or loading long holes drilled upward in anthracite mines— 
</P>
<P>(1) The first cartridge in each borehole shall be the primer cartridge with the end of the cartridge containing the detonator facing the back of the borehole; and 
</P>
<P>(2) The explosive cartridges shall be loaded in a manner that provides contact between each cartridge in the borehole. 
</P>
<P>(d) When loading other boreholes— 
</P>
<P>(1) The primer cartridge shall be the first cartridge loaded in the borehole; 
</P>
<P>(2) The end of the cartridge in which the detonator is inserted shall face the back of the borehole; and 
</P>
<P>(3) The primer cartridge and other explosives shall be pushed to the back of the borehole in a continuous column with no cartridge being deliberately crushed or deformed. 
</P>
<P>(e) An explosive shall not be loaded into a borehole if it is damaged, deteriorated or if the cartridge is incompletely filled. 
</P>
<P>(f) Explosives of different brands, types or cartridge diameters shall not be loaded in the same borehole. 
</P>
<P>(g) Only nonconductive, nonsparking tamping poles shall be used for loading and tamping boreholes. The use of nonsparking connecting devices for extendable tamping poles is permitted. 
</P>
<CITA TYPE="N">[53 FR 46786, Nov. 18, 1988; 54 FR 888, Jan. 10, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 75.1319" NODE="30:1.0.1.12.38.14.218.12" TYPE="SECTION">
<HEAD>§ 75.1319   Weight of explosives permitted in boreholes in bituminous and lignite mines.</HEAD>
<P>(a) The total weight of explosives loaded in any borehole in bituminous and lignite mines shall not exceed 3 pounds except when blasting solid rock in its natural deposit. 
</P>
<P>(b) The total weight of explosives loaded in a borehole less than 6 feet deep in bituminous and lignite mines shall be reduced by 
<FR>1/2</FR> pound for each foot of borehole less than 6 feet. 


</P>
</DIV8>


<DIV8 N="§ 75.1320" NODE="30:1.0.1.12.38.14.218.13" TYPE="SECTION">
<HEAD>§ 75.1320   Multiple-shot blasting.</HEAD>
<P>(a) No more than 20 boreholes shall be fired in a round unless permitted in writing by the District Manager under § 75.1321. 
</P>
<P>(b) Instantaneous detonators shall not be used in the same circuit with delay detonators in any underground coal mine. 
</P>
<P>(c) In bituminous and lignite mines, only detonators with delay periods of 1,000 milliseconds or less shall be used. 
</P>
<P>(d) When blasting in anthracite mines, each borehole in a round shall be initiated in sequence from the opener hole or holes. 
</P>
<P>(e) Arrangement of detonator delay periods for bituminous and lignite mines shall be as follows: 
</P>
<P>(1) When blasting cut coal— 
</P>
<P>(i) The first shot or shots fired in a round shall be initiated in the row nearest the kerf or the row or rows nearest the shear; and 
</P>
<P>(ii) After the first shot or shots, the interval between the designated delay periods of successive shots shall be at least 50 milliseconds but not more than 100 milliseconds. 
</P>
<P>(2) When blasting coal off the solid— 
</P>
<P>(i) Each shot in the round shall be initiated in sequence from the opener hole or holes; and 
</P>
<P>(ii) After the first shot or shots, the interval between the designated delay periods of successive shots shall be at least 50 milliseconds but not more than 100 milliseconds. 


</P>
</DIV8>


<DIV8 N="§ 75.1321" NODE="30:1.0.1.12.38.14.218.14" TYPE="SECTION">
<HEAD>§ 75.1321   Permits for firing more than 20 boreholes and for use of nonpermissible blasting units.</HEAD>
<P>(a) Applications for permits for firing more than 20 boreholes in a round and for the use of nonpermissible blasting units shall be submitted in writing to the District Manager for the district in which the mine is located and shall contain the following information: 
</P>
<P>(1) The name and address of the mine; 
</P>
<P>(2) The active workings in the mine affected by the permit and the approximate number of boreholes to be fired; 
</P>
<P>(3) The period of time during which the permit will apply; 
</P>
<P>(4) The nature of the development or construction for which they will be used, e.g., overcasts, undercasts, track grading, roof brushing or boom holes; 
</P>
<P>(5) A plan, proposed by the operator designed to protect miners in the mine from the hazards of methane and other explosive gases during each multiple shot, e.g., changes in the mine ventilation system, provisions for auxiliary ventilation and any other safeguards necessary to minimize such hazards; 
</P>
<P>(6) A statement of the specific hazards anticipated by the operator in blasting for overcasts, undercasts, track grading, brushing of roof, boom holes or other unusual blasting situations such as coalbeds of abnormal thickness; and 
</P>
<P>(7) The method to be employed to avoid the dangers anticipated during development or construction which will ensure the protection of life and the prevention of injuries to the miners exposed to such underground blasting. 
</P>
<P>(b) The District Manager may permit the firing of more than 20 boreholes of permissible explosives in a round where he has determined that it is necessary to reduce the overall hazard to which miners are exposed during underground blasting. He may also permit the use of nonpermissible blasting units if he finds that a permissible blasting unit does not have adequate blasting capacity and that the use of such permissible units will create any of the following development or construction hazards: 
</P>
<P>(1) Exposure to disturbed roof in an adjacent cavity while scaling and supporting the remaining roof prior to wiring a new series of boreholes; 
</P>
<P>(2) Exposure to underburden boreholes where prior rounds have removed the burden adjacent to a remaining borehole; 
</P>
<P>(3) Exposure to an unsupported roof while redrilling large fragmented roof rock following the loss of predrilled boreholes during earlier blasting operations; or 
</P>
<P>(4) Any other hazard created by the use of permissible blasting units during underground development or construction. 
</P>
<P>(c) Permits shall be issued on a mine-by-mine basis for periods of time to be specified by the District Manager. 
</P>
<P>(d) Permits issued under this section shall specify and include as a condition of their use, any safeguards, in addition to those proposed by the operator, which the District Manager issuing such permit has determined will be required to ensure the welfare of the miners employed in the mine at the time of the blasting permitted.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1322" NODE="30:1.0.1.12.38.14.218.15" TYPE="SECTION">
<HEAD>§ 75.1322   Stemming boreholes.</HEAD>
<P>(a) Only noncombustible material shall be used for stemming boreholes. 
</P>
<P>(b) Stemming materials other than water stemming bags shall be tamped to fill the entire cross sectional area of the borehole. 
</P>
<P>(c) Stemming material shall contact the explosive cartridge nearest the collar of the borehole. 
</P>
<P>(d) Each borehole 4 or more feet deep shall be stemmed for at least 24 inches. 
</P>
<P>(e) Each borehole less than 4 feet deep shall be stemmed for at least half the depth of the borehole.
</P>
<P>(f) When blasting off the solid in bituminous and lignite mines, only pliable clay dummies shall be used for stemming.
</P>
<P>(g) The diameter of a water stemming bag shall be within 
<FR>1/4</FR> of an inch of the diameter of the drill bit used to drill the borehole.
</P>
<P>(h) Water stemming bags shall be constructed of tear-resistant and flame-resistant material and be capable of withstanding a 3-foot drop when filled without rupturing or developing leaks.


</P>
</DIV8>


<DIV8 N="§ 75.1323" NODE="30:1.0.1.12.38.14.218.16" TYPE="SECTION">
<HEAD>§ 75.1323   Blasting circuits.</HEAD>
<P>(a) Blasting circuits shall be protected from sources of stray electric current.
</P>
<P>(b) Detonators made by different manufacturers shall not be combined in the same blasting circuit.
</P>
<P>(c) Detonator leg wires shall be shunted until connected into the blasting circuit.
</P>
<P>(d) Blasting cables shall be—
</P>
<P>(1) Well insulated, copper wire of a diameter not smaller than 18-gauge; and
</P>
<P>(2) Long enough to permit the round to be fired from a safe location that is around at least one corner from the blasting area.
</P>
<P>(e) Blasting cables shall be shunted until immediately before firing, except when testing for circuit continuity.
</P>
<P>(f) Wire used between the blasting cable and detonator circuitry shall—
</P>
<P>(1) Be undamaged;
</P>
<P>(2) Be well insulated; 
</P>
<P>(3) Have a resistance no greater than 20-gauge copper wire; and
</P>
<P>(4) Be not more than 30 feet long.
</P>
<P>(g) Each wire connection in a blasting circuit shall be—
</P>
<P>(1) Properly spliced; and
</P>
<P>(2) Separated from other connections in the circuit to prevent accidental contact and arcing.
</P>
<P>(h) Uninsulated connections in each blasting circuit shall be kept out of water and shall not contact the coal, roof, ribs, or floor.
</P>
<P>(i) When 20 or fewer boreholes are fired in a round, the blasting circuit shall be wired in a single series.
</P>
<P>(j) Immediately prior to firing, all blasting circuits shall be tested for continuity and resistance using a blasting galvanometer or other instrument specifically designed for testing blasting circuits.
</P>
<CITA TYPE="N">[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June 30, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 75.1324" NODE="30:1.0.1.12.38.14.218.17" TYPE="SECTION">
<HEAD>§ 75.1324   Methane concentration and tests.</HEAD>
<P>(a) No shot shall be fired in an area that contains 1.0 volume percent or more of methane.
</P>
<P>(b) Immediately before shots are fired, the methane concentration in a working place or any other area where blasting is to be performed, shall be determined by a person qualified to test for methane.


</P>
</DIV8>


<DIV8 N="§ 75.1325" NODE="30:1.0.1.12.38.14.218.18" TYPE="SECTION">
<HEAD>§ 75.1325   Firing procedures.</HEAD>
<P>(a) Shots shall be fired by a qualified person or a person working in the presence of and under the direction of a qualified person.
</P>
<P>(b) Only one face in a working place shall be blasted at a time, except that when blasting cut coal up to three faces may be blasted in a round if each face has a separate kerf and no more than a total of 20 shots connected in a single series are fired in the round. A permit to fire more than 20 boreholes in a round under the provisions of 30 CFR 75.1320 and 75.1321 may not be obtained for use when blasting multiple faces.
</P>
<P>(c) Before blasting—
</P>
<P>(1) All persons shall leave the blasting area and each immediately adjacent working place where a hazard would be created by the blast, to an area that is around at least one corner from the blasting area;
</P>
<P>(2) The qualified person shall ascertain that all persons are a safe distance from the blasting area; and
</P>
<P>(3) A warning shall be given and adequate time allowed for persons to respond.
</P>
<P>(d) All shots shall be fired promptly, after all persons have been removed to a safe location.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 56 FR 51616, Oct. 11, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 75.1326" NODE="30:1.0.1.12.38.14.218.19" TYPE="SECTION">
<HEAD>§ 75.1326   Examination after blasting.</HEAD>
<P>(a) After blasting, the blasting area shall not be entered until it is clear of smoke and dust.
</P>
<P>(b) Immediately after the blasting area has cleared, a qualified person or a person working in the presence of and under the direction of a qualified person, shall examine the area for misfires, methane and other hazardous conditions.
</P>
<P>(c) If a round has partially detonated, the qualified person shall immediately leave the area and no person shall reenter the affected area for at least 5 minutes.


</P>
</DIV8>


<DIV8 N="§ 75.1327" NODE="30:1.0.1.12.38.14.218.20" TYPE="SECTION">
<HEAD>§ 75.1327   Misfires.</HEAD>
<P>(a) When misfires occur, only work by a qualified person to dispose of misfires and other work necessary to protect persons shall be done in the affected area.
</P>
<P>(b) When a misfire cannot be disposed of—
</P>
<P>(1) A qualified person shall post each accessible entrance to the area affected by the hazard of the misfire with a warning at a conspicuous location to prohibit entry; and
</P>
<P>(2) The misfire shall be immediately reported to mine management.
</P>
<CITA TYPE="N">[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June 30, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 75.1328" NODE="30:1.0.1.12.38.14.218.21" TYPE="SECTION">
<HEAD>§ 75.1328   Damaged or deteriorated explosives and detonators.</HEAD>
<P>(a) Damaged explosives or detonators shall be—
</P>
<P>(1) Placed in separate containers constructed of nonconductive and nonsparking materials; and
</P>
<P>(2) Removed from the mine or placed in a magazine and removed when the magazine is resupplied.
</P>
<P>(b) Damaged detonators shall be shunted, if practicable, either before being removed from the mine or placed in a magazine.
</P>
<P>(c) Deteriorated explosives and detonators shall be handled and disposed of in accordance with the instructions of the manufacturer.


</P>
</DIV8>

</DIV6>


<DIV6 N="O" NODE="30:1.0.1.12.38.15" TYPE="SUBPART">
<HEAD>Subpart O—Hoisting and Mantrips</HEAD>


<DIV8 N="§ 75.1400" NODE="30:1.0.1.12.38.15.218.1" TYPE="SECTION">
<HEAD>§ 75.1400   Hoisting equipment; general.</HEAD>
<P>(a) Every hoist used to transport persons shall be equipped with overspeed, overwind, and automatic stop controls.
</P>
<P>(b) Every hoist handling a platform, cage, or other device used to transport persons shall be equipped with brakes capable of stopping the fully loaded platform, cage, or other device.
</P>
<P>(c) Cages, platforms, or other devices used to transport persons in shafts and slopes shall be equipped with safety catches or other no less effective devices approved by the Secretary that act quickly and effectively in an emergency. Such catches or devices shall be tested at least once every two months.
</P>
<P>(d) Hoisting equipment, including automatic elevators, used to transport persons shall be examined daily.
</P>
<P>(e) Where persons are transported into or out of a mine by a hoist, a qualified hoisting engineer shall be on duty while any person is underground. No such engineer, however, shall be required for automatically operated cages, platforms, or elevators.
</P>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 75.1400-1" NODE="30:1.0.1.12.38.15.218.2" TYPE="SECTION">
<HEAD>§ 75.1400-1   Hoists; brakes, capability.</HEAD>
<P>Brakes on hoists used to transport persons shall be capable of stopping and holding the fully loaded platform, cage, or other device at any point in the shaft, slope, or incline. 


</P>
</DIV8>


<DIV8 N="§ 75.1400-2" NODE="30:1.0.1.12.38.15.218.3" TYPE="SECTION">
<HEAD>§ 75.1400-2   Hoists; tests of safety catches; records.</HEAD>
<P>A record shall be made in a book of the tests, required by § 75.1400, of the safety catches or other devices approved by the Secretary. Each entry shall be signed by the person making the tests and countersigned by a responsible official. 


</P>
</DIV8>


<DIV8 N="§ 75.1400-3" NODE="30:1.0.1.12.38.15.218.4" TYPE="SECTION">
<HEAD>§ 75.1400-3   Daily examination of hoisting equipment.</HEAD>
<P>Hoists and elevators shall be examined daily and such examinations shall include, but not be limited to, the following:
</P>
<P>(a) <I>Elevators.</I> A visual examination of the rope for wear, broken wires, and corrosion, especially at excessive strain points such as near the attachments and where the rope rests on sheaves;
</P>
<P>(b) <I>Hoists and elevators.</I> (1) An examination of the rope fastenings for defects;
</P>
<P>(2) An examination of safety catches;
</P>
<P>(3) An examination of the cages, platforms, elevators, or other devices for loose, missing or defective parts;
</P>
<P>(4) An examination of the head sheaves to check for broken flanges, defective bearings, rope alignment, and proper lubrication; and
</P>
<P>(5) An observation of the lining and all other equipment and appurtenances installed in the shaft.
</P>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 75.1400-4" NODE="30:1.0.1.12.38.15.218.5" TYPE="SECTION">
<HEAD>§ 75.1400-4   Certifications and records of daily examinations.</HEAD>
<P>At the completion of each daily examination required by § 75.1400, the person making the examination shall certify, by signature and date, that the examination has been made. If any unsafe condition is found during the examinations required by § 75.1400-3, the person conducting the examination shall make a record of the condition and the date. Certifications and records shall be retained for one year.
</P>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1401" NODE="30:1.0.1.12.38.15.218.6" TYPE="SECTION">
<HEAD>§ 75.1401   Hoists; rated capacities; indicators.</HEAD>
<P>Hoists shall have rated capacities consistent with the loads handled. An accurate and reliable indicator of the position of the cage, platform, skip, bucket, or cars shall be provided.
</P>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 75.1401-1" NODE="30:1.0.1.12.38.15.218.7" TYPE="SECTION">
<HEAD>§ 75.1401-1   Hoists; indicators.</HEAD>
<P>The indicator required by § 75.1401 of this subpart shall be placed so that it is in clear view of the hoisting engineer and shall be checked daily to determine its accuracy.
</P>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 75.1402" NODE="30:1.0.1.12.38.15.218.8" TYPE="SECTION">
<HEAD>§ 75.1402   Communication between shaft stations and hoist room.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>There shall be at least two effective methods approved by the Secretary of signaling between each of the shaft stations and the hoist room, one of which shall be a telephone or speaking tube. 


</P>
</DIV8>


<DIV8 N="§ 75.1402-1" NODE="30:1.0.1.12.38.15.218.9" TYPE="SECTION">
<HEAD>§ 75.1402-1   Communication between shaft stations and hoist room.</HEAD>
<P>One of the methods used to communicate between shaft stations and the hoist room shall give signals which can be heard by the hoisting engineer at all times while men are underground. 


</P>
</DIV8>


<DIV8 N="§ 75.1402-2" NODE="30:1.0.1.12.38.15.218.10" TYPE="SECTION">
<HEAD>§ 75.1402-2   Tests of signaling systems.</HEAD>
<P>Signaling systems used for communication between shaft stations and the hoist room shall be tested daily. 


</P>
</DIV8>


<DIV8 N="§ 75.1403" NODE="30:1.0.1.12.38.15.218.11" TYPE="SECTION">
<HEAD>§ 75.1403   Other safeguards.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Other safeguards adequate, in the judgment of an authorized representative of the Secretary, to minimize hazards with respect to transportation of men and materials shall be provided. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-1" NODE="30:1.0.1.12.38.15.218.12" TYPE="SECTION">
<HEAD>§ 75.1403-1   General criteria.</HEAD>
<P>(a) Sections 75.1403-2 through 75.1403-11 set out the criteria by which an authorized representative of the Secretary will be guided in requiring other safeguards on a mine-by-mine basis under § 75.1403. Other safeguards may be required. 
</P>
<P>(b) The authorized representative of the Secretary shall in writing advise the operator of a specific safeguard which is required pursuant to § 75.1403 and shall fix a time in which the operator shall provide and thereafter maintain such safeguard. If the safeguard is not provided within the time fixed and if it is not maintained thereafter, a notice shall be issued to the operator pursuant to section 104 of the Act. 
</P>
<P>(c) Nothing in the sections in the § 75.1403 series in this Subpart O precludes the issuance of a withdrawal order because of imminent danger. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-2" NODE="30:1.0.1.12.38.15.218.13" TYPE="SECTION">
<HEAD>§ 75.1403-2   Criteria—Hoists transporting materials; brakes.</HEAD>
<P>Hoists and elevators used to transport materials should be equipped with brakes capable of stopping and holding the fully loaded platform, cage, skip, car, or other device at any point in the shaft, slope, or incline. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-3" NODE="30:1.0.1.12.38.15.218.14" TYPE="SECTION">
<HEAD>§ 75.1403-3   Criteria—Drum clutch; cage construction.</HEAD>
<P>(a) The clutch of a free-drum on a personnel hoist should be provided with a locking mechanism or interlocked with the brake to prevent accidental withdrawal of the clutch.
</P>
<P>(b) Cages used for hoisting persons should be constructed with the sides enclosed to a height of at least six feet and should have gates, safety chains, or bars across the ends of the cage when persons are being hoisted or lowered.
</P>
<P>(c) Self-dumping cages, platforms, or other devices used for transportation of persons should have a locking device to prevent tilting when persons are transported.
</P>
<P>(d) An attendant should be on duty at the surface when persons are being hoisted or lowered at the beginning and end of each shift.
</P>
<P>(e) Precautions should be taken to protect persons working in shaft sumps.
</P>
<P>(f) Workers should wear safety belts while doing work in or over shafts.
</P>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 75.1403-4" NODE="30:1.0.1.12.38.15.218.15" TYPE="SECTION">
<HEAD>§ 75.1403-4   Criteria—Automatic elevators.</HEAD>
<P>(a) The doors of automatic elevators should be equipped with interlocking switches so arranged that the elevator car will be immovable while any door is opened or unlocked, and arranged so that such door or doors cannot be inadvertently opened when the elevator car is not at a landing. 
</P>
<P>(b) A “Stop” switch should be provided in the automatic elevator compartment that will permit the elevator to be stopped at any location in the shaft. 
</P>
<P>(c) A slack cable device should be used where appropriate on automatic elevators which will automatically shut-off the power and apply the brakes in the event the elevator is obstructed while descending. 
</P>
<P>(d) Each automatic elevator should be provided with a telephone or other effective communication system by which aid or assistance can be obtained promptly. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-5" NODE="30:1.0.1.12.38.15.218.16" TYPE="SECTION">
<HEAD>§ 75.1403-5   Criteria—Belt conveyors.</HEAD>
<P>(a) Positive-acting stop controls should be installed along all belt conveyors used to transport men, and such controls should be readily accessible and maintained so that the belt can be stopped or started at any location. 
</P>
<P>(b) Belt conveyors used for regularly scheduled mantrips should be stopped while men are loading or unloading. 
</P>
<P>(c) All belt conveyors used for the transportation of persons should have a minimum vertical clearance of 18 inches from the nearest overhead projection when measured from the edge of the belt and there should be at least 36 inches of side clearance where men board or leave such belt conveyors. 
</P>
<P>(d) When men are being transported on regularly scheduled mantrips on belt conveyors the belt speed should not exceed 300 feet per minute when the vertical clearance is less than 24 inches, and should not exceed 350 feet per minute when the vertical clearance is 24 inches or more. 
</P>
<P>(e) Adequate illumination including colored lights or reflective signs should be installed at all loading and unloading stations. Such colored lights and reflective signs should be so located as to be observable to all persons riding the belt conveyor. 
</P>
<P>(f) After supplies have been transported on belt conveyors such belts should be examined for unsafe conditions prior to the transportation of men on regularly scheduled mantrips, and belt conveyors should be clear before men are transported. 
</P>
<P>(g) A clear travelway at least 24 inches wide should be provided on both sides of all belt conveyors installed after March 30, 1970. Where roof supports are installed within 24 inches of a belt conveyor, a clear travelway at least 24 inches wide should be provided on the side of such support farthest from the conveyor. 
</P>
<P>(h) On belt conveyors that do not transport men, stop and start controls should be installed at intervals not to exceed 1,000 feet. Such controls should be properly installed and positioned so as to be readily accessible. 
</P>
<P>(i) Telephone or other suitable communications should be provided at points where men or supplies are regularly loaded on or unloaded from the belt conveyors. 
</P>
<P>(j) Persons should not cross moving belt conveyors, except where suitable crossing facilities are provided. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-6" NODE="30:1.0.1.12.38.15.218.17" TYPE="SECTION">
<HEAD>§ 75.1403-6   Criteria—Self-propelled personnel carriers.</HEAD>
<P>(a) Each self-propelled personnel carrier should: 
</P>
<P>(1) Be provided with an audible warning device; 
</P>
<P>(2) Be provided with a sealed-beam headlight, or its equivalent, on each end; 
</P>
<P>(3) Be provided with reflectors on both ends and sides. 
</P>
<P>(b) In addition, each track-mounted self-propelled personnel carrier should: 
</P>
<P>(1) Be provided with a suitable lifting jack and bar, which shall be secured or carried in a tool compartment; 
</P>
<P>(2) Be equipped with 2 separate and independent braking systems properly installed and well maintained; 
</P>
<P>(3) Be equipped with properly installed and well-maintained sanding devices, except that personnel carriers (jitneys), which transport not more than 5 men, need not be equipped with such sanding device; 
</P>
<P>(4) If an open type, be equipped with guards of sufficient strength and height to prevent personnel from being thrown from such carriers. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-7" NODE="30:1.0.1.12.38.15.218.18" TYPE="SECTION">
<HEAD>§ 75.1403-7   Criteria—Mantrips.</HEAD>
<P>(a) Mantrips should be operated independently of any loaded trip, empty trip, or supply trip and should not be operated within 300 feet of any trip, including another mantrip. 
</P>
<P>(b) A sufficient number of mantrip cars should be provided to prevent overcrowding of men. 
</P>
<P>(c) Mantrips should not be pushed. 
</P>
<P>(d) Where mantrips are operated by locomotives on slopes such mantrips should be coupled to the front and rear by locomotives capable of holding such mantrips. Where ropes are used on slopes for mantrip haulage, such conveyances should be connected by chains, steel ropes, or other effective devices between mantrip cars and the rope. 
</P>
<P>(e) Safety goggles or eyeshields should be provided for all persons being transported in open-type mantrips. 
</P>
<P>(f) All trips, including trailers and sleds, should be operated at speeds consistent with conditions and the equipment used, and should be so controlled that they can be stopped within the limits of visibility. 
</P>
<P>(g) All mantrips should be under the direction of a supervisor and the operator of each mantrip should be familiar with the haulage safety rules and regulations. 
</P>
<P>(h) Men should proceed in an orderly manner to and from mantrips and no person should be permitted to get on or off a moving mantrip. 
</P>
<P>(i) [Reserved] 
</P>
<P>(j) Mantrips should not be permitted to proceed until the operator of the mantrip is assured that he has a clear road. 
</P>
<P>(k) Supplies or tools, except small hand tools or instruments, should not be transported with men. 
</P>
<P>(l) At places where men enter or leave mantrip conveyances, ample clearance should be provided and provisions made to prevent persons from coming in contact with energized electric circuits. 
</P>
<P>(m) The mine car next to a trolley locomotive should not be used to transport men. Such cars may be used to transport small tools and supplies. This is not to be construed as permitting the transportation of large or bulky supplies such as shuttle car wheel units, or similar material. 
</P>
<P>(n) Drop-bottom cars used to transport men should have the bottoms secured with an additional locking device. 
</P>
<P>(o) Extraneous materials or supplies should not be transported on top of equipment; however, materials and supplies that are necessary for or related to the operation of such equipment may be transported on top of such equipment if a hazard is not introduced. 
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 53 FR 46786, Nov. 18, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 75.1403-8" NODE="30:1.0.1.12.38.15.218.19" TYPE="SECTION">
<HEAD>§ 75.1403-8   Criteria—Track haulage roads.</HEAD>
<P>(a) The speed at which haulage equipment is operated should be determined by the condition of the roadbed, rails, rail joints, switches, frogs, and other elements of the track and the type and condition of the haulage equipment. 
</P>
<P>(b) Track haulage roads should have a continuous clearance on one side of at least 24 inches from the farthest projection of normal traffic. Where it is necessary to change the side on which clearance is provided, 24 inches of clearance should be provided on both sides for a distance of not less than 100 feet and warning signs should be posted at such locations. 
</P>
<P>(c) Track haulage roads developed after March 30, 1970, should have clearance on the “tight” side of at least 12 inches from the farthest projection of normal traffic. A minimum clearance of 6 inches should be maintained on the “tight” side of all track haulage roads developed prior to March 30, 1970. 
</P>
<P>(d) The clearance space on all track haulage roads should be kept free of loose rock, supplies, and other loose materials. 
</P>
<P>(e) Positive stopblocks or derails should be installed on all tracks near the top and at landings of shafts, slopes, and surface inclines. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-9" NODE="30:1.0.1.12.38.15.218.20" TYPE="SECTION">
<HEAD>§ 75.1403-9   Criteria—Shelter holes.</HEAD>
<P>(a) Shelter holes should be provided on track haulage roads at intervals of not more than 105 feet unless otherwise approved by the Coal Mine Safety District Manager(s). 
</P>
<P>(b) Shelter holes should be readily accessible and should be at least 5 feet in depth, not more than 4 feet in width (except crosscuts used as shelter holes) and at least the height of the coal seam where the coal seam is less than 6 feet high and at least 6 feet in height where the coal seam is 6 feet or more in height. 
</P>
<P>(c) Shelter holes should be kept free of refuse and other obstructions. Crosscuts used as shelter holes should be kept free of refuse or other materials to a depth of at least 15 feet. 
</P>
<P>(d) Shelter holes should be provided at all manually operated doors and at switch throws except: (1) At room switches, or (2) at switches where more than 6 feet of side clearance is provided. The Coal Mine Safety District Manager(s) may permit exemption of this requirement if such shelter holes create a hazardous roof condition. 
</P>
<P>(e) At each underground slope landing where men pass and cars are handled, a shelter hole at least 10 feet in depth, 4 feet in width, and 6 feet in height should be provided. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-10" NODE="30:1.0.1.12.38.15.218.21" TYPE="SECTION">
<HEAD>§ 75.1403-10   Criteria—Haulage; general.</HEAD>
<P>(a) A permissible trip light or other approved device such as reflectors, approved by the Coal Mine Safety District Manager(s), should be used on the rear of trips pulled, on the front of trips pushed and on trips lowered in slopes. However, trip lights or other approved devices need not be used on cars being shifted to and from loading machines, on cars being handled at loading heads, during gathering operations at working faces, when trailing locomotives are used, or on trips pulled by animals. 
</P>
<P>(b) Cars on main haulage roads should not be pushed, except where necessary to push cars from side tracks located near the working section to the producing entries and rooms, where necessary to clear switches and sidetracks, and on the approach to cages, slopes, and surface inclines. 
</P>
<P>(c) Warning lights or reflective signs or tapes should be installed along haulage roads at locations of abrupt or sudden changes in the overhead clearance. 
</P>
<P>(d) No person, other than the motorman and brakeman, should ride on a locomotive unless authorized by the mine foreman, and then only when safe riding facilities are provided. No person should ride on any loaded car or on the bumper of any car. However, the brakeman may ride on the rear bumper of the last car of a slow moving trip pulled by a locomotive. 
</P>
<P>(e) Positive-acting stopblocks or derails should be used where necessary to protect persons from danger of runaway haulage equipment. 
</P>
<P>(f) An audible warning should be given by the operator of all self-propelled equipment including off-track equipment, where persons may be endangered by the movement of the equipment. 
</P>
<P>(g) Locomotives and personnel carriers should not approach to within 300 feet of preceding haulage equipment, except trailing locomotives that are an integral part of the trip. 
</P>
<P>(h) A total of at least 36 inches of unobstructed side clearance (both sides combined) should be provided for all rubber-tired haulage equipment where such equipment is used. 
</P>
<P>(i) Off-track haulage roadways should be maintained as free as practicable from bottom irregularities, debris, and wet or muddy conditions that affect the control of the equipment. 
</P>
<P>(j) Operators of self-propelled equipment should face in the direction of travel. 
</P>
<P>(k) Mechanical steering and control devices should be maintained so as to provide positive control at all times. 
</P>
<P>(l) All self-propelled rubber-tired haulage equipment should be equipped with well maintained brakes, lights, and a warning device. 
</P>
<P>(m) On and after March 30, 1971, all tram control switches on rubber-tired equipment should be designed to provide automatic return to the stop or off position when released. 


</P>
</DIV8>


<DIV8 N="§ 75.1403-11" NODE="30:1.0.1.12.38.15.218.22" TYPE="SECTION">
<HEAD>§ 75.1403-11   Criteria—Entrances to shafts and slopes.</HEAD>
<P>All open entrances to shafts should be equipped with safety gates at the top and at each landing. Such gates should be self-closing and should be kept closed except when the cage is at such landing. 


</P>
</DIV8>


<DIV8 N="§ 75.1404" NODE="30:1.0.1.12.38.15.218.23" TYPE="SECTION">
<HEAD>§ 75.1404   Automatic brakes; speed reduction gear.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Each locomotive and haulage car used in an underground coal mine shall be equipped with automatic brakes, where space permits. Where space does not permit automatic brakes, locomotives and haulage cars shall be subject to speed reduction gear, or other similar devices approved by the Secretary, which are designed to stop the locomotives and haulage cars with the proper margin of safety. 


</P>
</DIV8>


<DIV8 N="§ 75.1404-1" NODE="30:1.0.1.12.38.15.218.24" TYPE="SECTION">
<HEAD>§ 75.1404-1   Braking system.</HEAD>
<P>A locomotive equipped with a dual braking system will be deemed to satisfy the requirements of § 75.1404 for a train comprised of such locomotive and haulage cars, provided the locomotive is operated within the limits of its design capabilities and at speeds consistent with the condition of the haulage road. A trailing locomotive or equivalent devices should be used on trains that are operated on ascending grades. 


</P>
</DIV8>


<DIV8 N="§ 75.1405" NODE="30:1.0.1.12.38.15.218.25" TYPE="SECTION">
<HEAD>§ 75.1405   Automatic couplers.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>All haulage equipment acquired by an operator of a coal mine on or after March 30, 1971, shall be equipped with automatic couplers which couple by impact and uncouple without the necessity of persons going between the ends of such equipment. All haulage equipment without automatic couplers in use in a mine on March 30, 1970, shall also be so equipped within 4 years after March 30, 1970. 


</P>
</DIV8>


<DIV8 N="§ 75.1405-1" NODE="30:1.0.1.12.38.15.218.26" TYPE="SECTION">
<HEAD>§ 75.1405-1   Automatic couplers, haulage equipment.</HEAD>
<P>The requirement of § 75.1405 with respect to automatic couplers applies only to track haulage cars which are regularly coupled and uncoupled. 


</P>
</DIV8>


<DIV7 N="218" NODE="30:1.0.1.12.38.15.218" TYPE="SUBJGRP">
<HEAD>Wire Ropes</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>Sections 75.1429 through 75.1438 appear at 48 FR 53239, Nov. 25, 1983, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 75.1429" NODE="30:1.0.1.12.38.15.218.27" TYPE="SECTION">
<HEAD>§ 75.1429   Guide ropes.</HEAD>
<P>If guide ropes are used in shafts for personnel hoisting applications other than shaft development, the nominal strength (manufacturer's published catalog strength) of the guide rope at installation shall meet the minimum value calculated as follows: Minimum value = Static Load × 5.0.


</P>
</DIV8>


<DIV8 N="§ 75.1430" NODE="30:1.0.1.12.38.15.218.28" TYPE="SECTION">
<HEAD>§ 75.1430   Wire ropes; scope.</HEAD>
<P>(a) Sections 75.1430 through 75.1438 apply to wire ropes in service used to hoist—
</P>
<P>(1) Persons in shafts or slopes underground; or
</P>
<P>(2) Loads in shaft or slope development when persons work below the suspended loads.
</P>
<P>(b) These standards do not apply to wire ropes used for elevators.


</P>
</DIV8>


<DIV8 N="§ 75.1431" NODE="30:1.0.1.12.38.15.218.29" TYPE="SECTION">
<HEAD>§ 75.1431   Minimum rope strength.</HEAD>
<P>At installation, the nominal strength (manufacturer's published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which “L” equals the maximum suspended rope length in feet:
</P>
<P>(a) <I>Winding drum ropes</I> (all constructions, including rotation resistant).
</P>
<EXTRACT>
<FP-2>For rope lengths less than 3,000 feet:
</FP-2>
<FP1-2>Minimum Value = Static Load × (7.0−0.001L)
</FP1-2>
<FP-2>For rope lengths 3,000 feet or greater:
</FP-2>
<FP1-2>Minimum Value = Static Load × 4.0</FP1-2></EXTRACT>
<P>(b) <I>Friction drum ropes.</I>
</P>
<EXTRACT>
<FP-2>For rope lengths less than 4,000 feet:
</FP-2>
<FP1-2>Minimum Value = Static Load × (7.0 − 0.0005L)
</FP1-2>
<FP-2>For rope lengths 4,000 feet or greater:
</FP-2>
<FP1-2>Minimum Value = Static Load × 5.0</FP1-2></EXTRACT>
<P>(c) <I>Tail ropes</I> (balance ropes).
</P>
<EXTRACT>
<FP-2>Minimum Value = Weight of Rope × 7.0</FP-2></EXTRACT>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1432" NODE="30:1.0.1.12.38.15.218.30" TYPE="SECTION">
<HEAD>§ 75.1432   Initial measurement.</HEAD>
<P>After initial rope stretch but before visible wear occurs, the rope diameter of newly installed wire ropes shall be measured at least once in every third interval of active length and the measurements averaged to establish a baseline for subsequent measurements. A record of the measurements and the date shall be made by the person taking the measurements. This record shall be retained until the rope is retired from service.
</P>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1433" NODE="30:1.0.1.12.38.15.218.31" TYPE="SECTION">
<HEAD>§ 75.1433   Examinations.</HEAD>
<P>(a) At least once every fourteen calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change-of-layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be examined on a daily basis.
</P>
<P>(b) Before any person is hoisted with a newly installed wire rope or any wire rope that has not been examined in the previous fourteen calendar days, the wire rope shall be examined in accordance with paragraph (a) of this section.
</P>
<P>(c) At least once every six months, nondestructive tests shall be conducted of the active length of the rope, or rope diameter measurements shall be made—
</P>
<P>(1) Wherever wear is evident;
</P>
<P>(2) Where the hoist rope rests on sheaves at regular stopping points;
</P>
<P>(3) Where the hoist rope leaves the drum at regular stopping points; and
</P>
<P>(4) At drum crossover and change-of-layer regions.
</P>
<P>(d) At the completion of each examination required by paragraph (a) of this section, the person making the examination shall certify, by signature and date, that the examination has been made. If any condition listed in paragraph (a) of this standard is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.
</P>
<P>(e) The person making the measurements or nondestructive tests as required by paragraph (c) of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.
</P>
<CITA TYPE="N">[48 FR 53239, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1434" NODE="30:1.0.1.12.38.15.218.32" TYPE="SECTION">
<HEAD>§ 75.1434   Retirement criteria.</HEAD>
<P>Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the following conditions occurs:
</P>
<P>(a) The number of broken wires within a rope lay length, excluding filler wires, exceeds either—
</P>
<P>(1) Five percent of the total number of wires; or
</P>
<P>(2) Fifteen percent of the total number of wires within any strand;
</P>
<P>(b) On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length;
</P>
<P>(c) A loss of more than one-third of the original diameter of the outer wires;
</P>
<P>(d) Rope deterioration from corrosion;
</P>
<P>(e) Distortion of the rope structure;
</P>
<P>(f) Heat damage from any source;
</P>
<P>(g) Diameter reduction due to wear that exceeds six percent of the baseline diameter measurement; or
</P>
<P>(h) Loss of more than ten percent of rope strength as determined by nondestructive testing.


</P>
</DIV8>


<DIV8 N="§ 75.1435" NODE="30:1.0.1.12.38.15.218.33" TYPE="SECTION">
<HEAD>§ 75.1435   Load end attachments.</HEAD>
<P>(a) Wire rope shall be attached to the load by a method that develops at least 80 percent of the nominal strength of the rope.
</P>
<P>(b) Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.
</P>
<P>(c) Load end attachment methods using splices are prohibited.


</P>
</DIV8>


<DIV8 N="§ 75.1436" NODE="30:1.0.1.12.38.15.218.34" TYPE="SECTION">
<HEAD>§ 75.1436   Drum end attachment.</HEAD>
<P>(a) For drum end attachment, wire rope shall be attached—
</P>
<P>(1) Securely by clips after making one full turn around the drum spoke;
</P>
<P>(2) Securely by clips after making one full turn around the shaft, if the drum is fixed to the shaft; or
</P>
<P>(3) By properly assembled anchor bolts, clamps, or wedges, provided that the attachment is a design feature of the hoist drum. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.
</P>
<P>(b) A minimum of three full turns of wire rope shall be on the drum when the rope is extended to its maximum working length.


</P>
</DIV8>


<DIV8 N="§ 75.1437" NODE="30:1.0.1.12.38.15.218.35" TYPE="SECTION">
<HEAD>§ 75.1437   End attachment retermination.</HEAD>
<P>Damaged or deteriorated wire rope shall be removed by cutoff and the rope reterminated where there is—
</P>
<P>(a) More than one broken wire at an attachment;
</P>
<P>(b) Improper installation of an attachment;
</P>
<P>(c) Slippage at an attachment; or
</P>
<P>(d) Evidence of deterioration from corrosion at an attachment. 


</P>
</DIV8>


<DIV8 N="§ 75.1438" NODE="30:1.0.1.12.38.15.218.36" TYPE="SECTION">
<HEAD>§ 75.1438   End attachment replacement.</HEAD>
<P>Wire rope attachments shall be replaced when cracked, deformed, or excessively worn. 


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="P" NODE="30:1.0.1.12.38.16" TYPE="SUBPART">
<HEAD>Subpart P—Mine Emergencies</HEAD>


<DIV8 N="§ 75.1500" NODE="30:1.0.1.12.38.16.219.1" TYPE="SECTION">
<HEAD>§ 75.1500   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 75.1501" NODE="30:1.0.1.12.38.16.219.2" TYPE="SECTION">
<HEAD>§ 75.1501   Emergency evacuations.</HEAD>
<P>(a) For each shift that miners work underground, there shall be in attendance a responsible person designated by the mine operator to take charge during mine emergencies involving a fire, explosion, or gas or water inundation.
</P>
<P>(1) The responsible person shall have current knowledge of the assigned location and expected movements of miners underground, the operation of the mine ventilation system, the locations of the mine escapeways and refuge alternatives, the mine communications system, any mine monitoring system if used, locations of firefighting equipment, the mine's Emergency Response Plan, the Mine Rescue Notification Plan, and the Mine Emergency Evacuation and Firefighting Program of Instruction.
</P>
<P>(2) The responsible person shall be trained annually in a course of instruction in mine emergency response, as prescribed by MSHA's Office of Educational Policy and Development. The course will include topics such as the following:
</P>
<P>(i) Organizing a command center;
</P>
<P>(ii) Coordinating firefighting personnel;
</P>
<P>(iii) Deploying firefighting equipment;
</P>
<P>(iv) Coordinating mine rescue personnel;
</P>
<P>(v) Establishing fresh air base;
</P>
<P>(vi) Deploying mine rescue teams;
</P>
<P>(vii) Providing for mine gas sampling and analysis;
</P>
<P>(viii) Establishing security;
</P>
<P>(ix) Initiating an emergency mine evacuation;
</P>
<P>(x) Contacting emergency personnel; and
</P>
<P>(xi) Communicating appropriate information related to the emergency.
</P>
<P>(3) The operator shall certify by signature and date after each responsible person has completed the training and keep the certification at the mine for 1 year.
</P>
<P>(b) The responsible person shall initiate and conduct an immediate mine evacuation when there is a mine emergency which presents an imminent danger to miners due to fire or explosion or gas or water inundation. Only properly trained and equipped persons essential to respond to the mine emergency may remain underground. 
</P>
<P>(c) The mine operator shall instruct all miners of the identity of the responsible person designated by the operator for their workshift. The mine operator shall instruct miners of any change in the identity of the responsible person before the start of their workshift. 
</P>
<P>(d) Nothing in this section shall be construed to restrict the ability of other persons in the mine to warn of an imminent danger which warrants evacuation.
</P>
<CITA TYPE="N">[68 FR 53049, Sept. 9, 2003, as amended at 73 FR 7655, Feb. 8, 2008; 73 FR 80697, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1502" NODE="30:1.0.1.12.38.16.219.3" TYPE="SECTION">
<HEAD>§ 75.1502   Mine emergency evacuation and firefighting program of instruction.</HEAD>
<P>Each operator of an underground coal mine shall adopt and follow a mine emergency evacuation and firefighting program that instructs all miners in the proper procedures they must follow if a mine emergency occurs.
</P>
<P>(a) <I>Program approval.</I> The operator shall submit this program of instruction, and any revisions, for approval to the District Manager of the Coal Mine Safety and Health district in which the mine is located. Within 30 days of approval, the operator shall conduct training in accordance with the revised program.
</P>
<P>(b) <I>New or revised provisions.</I> Before implementing any new or revised approved provision in the program of instruction, the operator shall instruct miners in the change.
</P>
<P>(c) <I>Instruction plan.</I> The approved program shall include a specific plan designed to instruct miners on all shifts on the following:
</P>
<P>(1) Procedures for—
</P>
<P>(i) Evacuating the mine for mine emergencies that present an imminent danger to miners due to fire, explosion, or gas or water inundation;
</P>
<P>(ii) Evacuating all miners not required for a mine emergency response; and
</P>
<P>(iii) The rapid assembly and transportation of necessary miners, fire suppression equipment, and rescue apparatus to the scene of the mine emergency.
</P>
<P>(2) The use, care, and maintenance of self-rescue devices, including hands-on training in the complete donning and transferring of all types of self-rescue devices used at the mine.
</P>
<P>(3) The deployment, use, and maintenance of refuge alternatives.
</P>
<P>(4) Scenarios requiring a discussion of options and a decision as to the best option for evacuation under each of the various mine emergencies (fires, explosions, or gas or water inundations). These options shall include:
</P>
<P>(i) Encountering conditions in the mine or circumstances that require immediate donning of self-rescue devices.
</P>
<P>(ii) Using continuous directional lifelines or equivalent devices, tethers, and doors;
</P>
<P>(iii) Traversing undercasts or overcasts;
</P>
<P>(iv) Switching escapeways, as applicable;
</P>
<P>(v) Negotiating any other unique escapeway conditions; and
</P>
<P>(vi) Using refuge alternatives.
</P>
<P>(5) Location and use of the fire suppression and firefighting equipment and materials available in the mine.
</P>
<P>(6) Location of the escapeways, exits, routes of travel to the surface, including the location of continuous directional lifelines or equivalent devices.
</P>
<P>(7) Location, quantity, types, and use of stored SCSRs, as applicable.
</P>
<P>(8) A review of the mine map; the escapeway system; the escape, firefighting, and emergency evacuation plan in effect at the mine; and the locations of refuge alternatives and abandoned areas.
</P>
<P>(9) A description of how miners will receive annual expectations training that includes practical experience in donning and transferring SCSRs in smoke, simulated smoke, or an equivalent environment and breathing through a realistic SCSR training unit or device that provides the sensation of SCSR airflow resistance and heat.
</P>
<P>(10) A summary of the procedures related to deploying refuge alternatives.
</P>
<P>(11) A summary of the construction methods for 15 psi stoppings constructed prior to an event.
</P>
<P>(12) A summary of the procedures related to refuge alternative use.
</P>
<P>(d) <I>Instructors.</I> (1) The mine operator shall designate a person who has the ability, training, knowledge, or experience to conduct the mine emergency evacuation instruction and drills in his or her area of expertise.
</P>
<P>(2) Persons conducting SCSR donning and transferring training shall be able to effectively train and evaluate whether miners can successfully don the SCSR and transfer to additional SCSR devices.
</P>
<CITA TYPE="N">[71 FR 71452, Dec. 8, 2006, as amended at 73 FR 80697, Dec. 31, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1503" NODE="30:1.0.1.12.38.16.219.4" TYPE="SECTION">
<HEAD>§ 75.1503   Use of fire suppression equipment.</HEAD>
<P>In addition to the approved program of instruction required by 30 CFR 75.1502, each operator of an underground coal mine shall ensure the following.
</P>
<P>(a) <I>Working section.</I> At least two miners in each working section on each production shift shall be proficient in the use of all fire suppression equipment available on such working section, and know the location of such fire suppression equipment.
</P>
<P>(b) <I>Attended equipment.</I> Each operator of attended equipment specified in 30 CFR 75.1107-1(c)(1), and each miner assigned to perform job duties at the job site in the direct line of sight of attended equipment as described in 30 CFR 75.1107-1(c)(2), shall be proficient in the use of fire suppression devices installed on such attended equipment.
</P>
<P>(c) <I>Maintenance shift.</I> The shift foreman and at least one miner for every five miners working underground on a maintenance shift shall be proficient in the use of fire suppression equipment available in the mine, and know the location of such fire suppression equipment. 
</P>
<CITA TYPE="N">[71 FR 71452, Dec. 8, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1504" NODE="30:1.0.1.12.38.16.219.5" TYPE="SECTION">
<HEAD>§ 75.1504   Mine emergency evacuation training and drills.</HEAD>
<P>Each operator of an underground coal mine shall conduct mine emergency evacuation training and drills and require all miners to participate.
</P>
<P>(a) <I>Schedule of training and drills.</I> Each miner shall participate in a mine emergency evacuation training and drill once each quarter. Quarters shall be based on a calendar year (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec). In addition—
</P>
<P>(1) A newly hired miner, who has not participated in a mine emergency evacuation training and drill at the mine within the previous 3 months, shall participate in the next applicable mine emergency evacuation training and drill.
</P>
<P>(2) Prior to assuming duties on a section or outby work location, a foreman shall travel both escapeways in their entirety.
</P>
<P>(b) <I>Content of quarterly training and drill.</I> Each quarterly evacuation training and drill shall include the following:
</P>
<P>(1) Hands-on training on all types of self-rescue devices used at the mine, which includes—
</P>
<P>(i) Instruction and demonstration in the use, care, and maintenance of self-rescue devices;
</P>
<P>(ii) The complete donning of the SCSR by assuming a donning position, opening the device, activating the device, inserting the mouthpiece, and putting on the nose clip; and
</P>
<P>(iii) Transferring between all applicable self-rescue devices.
</P>
<P>(2) Training that emphasizes the importance of—
</P>
<P>(i) Recognizing when the SCSR is not functioning properly and demonstrating how to initiate and reinitiate the starting sequence;
</P>
<P>(ii) Not removing the mouthpiece, even to communicate, until the miner reaches fresh air; and
</P>
<P>(iii) Proper use of the SCSR by controlling breathing and physical exertion.
</P>
<P>(3) A realistic escapeway drill that is initiated and conducted with a different approved scenario each quarter and during which each miner—
</P>
<P>(i) Travels the primary or alternate escapeway in its entirety, alternating escapeways each quarter;
</P>
<P>(ii) Physically locates and practices using the continuous directional lifelines or equivalent devices and tethers, and physically locates the stored SCSRs and refuge alternatives; 
</P>
<P>(iii) Traverses undercasts or overcasts and doors;
</P>
<P>(iv) Switches escapeways, as applicable; and
</P>
<P>(v) Negotiates any other unique escapeway conditions.
</P>
<P>(4) A review of the mine and escapeway maps, the firefighting plan, and the mine emergency evacuation plan in effect at the mine, which shall include:
</P>
<P>(i) Informing miners of the locations of fire doors, check curtains, changes in the routes of travel, and plans for diverting smoke from escapeways.
</P>
<P>(ii) Locating escapeways, exits, routes of travel to the surface, abandoned areas, and refuge alternatives.
</P>
<P>(5) Operation of the fire suppression equipment available in the mine and the location and use of firefighting equipment and materials.
</P>
<P>(6) Reviewing the procedures for deploying refuge alternatives and components.
</P>
<P>(7) For miners who will be constructing the 15 psi stoppings prior to an event, reviewing the procedures for constructing them.
</P>
<P>(8) Reviewing the procedures for use of the refuge alternatives and components.
</P>
<P>(9) Task training in proper transportation of the refuge alternatives and components.
</P>
<P>(c) <I>Annual expectations training.</I> Over the course of each year, each miner shall participate in expectations training that includes the following:
</P>
<P>(1) Donning and transferring SCSRs in smoke, simulated smoke, or an equivalent environment.
</P>
<P>(2) Breathing through a realistic SCSR training unit that provides the sensation of SCSR airflow resistance and heat.
</P>
<P>(3) Deployment and use of refuge alternatives similar to those in use at the mine, including—
</P>
<P>(i) Deployment and operation of component systems; and
</P>
<P>(ii) Instruction on when to use refuge alternatives during a mine emergency, emphasizing that it is the last resort when escape is impossible.
</P>
<P>(4) A miner shall participate in expectations training within one quarter of being employed at the mine.
</P>
<P>(d) <I>Certification of training and drills.</I> At the completion of each training or drill required in this section, the operator shall certify by signature and date that the training or drill was held in accordance with the requirements of this section.
</P>
<P>(1) This certification shall include the names of the miners participating in the training or drill. For each miner, this certification shall list the content of the training or drill component completed, including the escapeway traveled and scenario used, as required in paragraphs (b) and (c) of this section.
</P>
<P>(2) Certifications shall be kept at the mine for one year.
</P>
<P>(3) Upon request, the certifications shall be made available to an authorized representative of the Secretary and the representative of the miners.
</P>
<P>(4) Upon request, a copy of the certification that shows his or her own training shall be provided to the participating miner. 
</P>
<CITA TYPE="N">[71 FR 71452, Dec. 8, 2006, as amended at 73 FR 80698, Dec. 31, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1505" NODE="30:1.0.1.12.38.16.219.6" TYPE="SECTION">
<HEAD>§ 75.1505   Escapeway maps.</HEAD>
<P>(a) <I>Content and accessibility.</I> An escapeway map shall show the designated escapeways from the working sections or the miners' work stations to the surface or the exits at the bottom of the shaft or slope, refuge alternatives, and SCSR storage locations. The escapeway map shall be posted or readily accessible for all miners—
</P>
<P>(1) In each working section;
</P>
<P>(2) In each area where mechanized mining equipment is being installed or removed;
</P>
<P>(3) At the refuge alternative; and
</P>
<P>(4) At a surface location of the mine where miners congregate, such as at the mine bulletin board, bathhouse, or waiting room.
</P>
<P>(b) <I>Keeping maps current.</I> All maps shall be kept up-to-date and any change in route of travel, location of doors, location of refuge alternatives, or direction of airflow shall be shown on the maps by the end of the shift on which the change is made.
</P>
<P>(c) <I>Informing affected miners.</I> Miners underground on a shift when any such change is made shall be notified immediately of the change and other affected miners shall be informed of the change before entering the underground areas of the mine.
</P>
<CITA TYPE="N">[71 FR 71452, Dec. 8, 2006, as amended at 73 FR 80698, Dec. 31, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1506" NODE="30:1.0.1.12.38.16.219.7" TYPE="SECTION">
<HEAD>§ 75.1506   Refuge alternatives.</HEAD>
<P>(a) Each operator shall provide refuge alternatives and components as follows:
</P>
<P>(1) Prefabricated self-contained units, including the structural, breathable air, air monitoring, and harmful gas removal components of the unit, shall be approved under 30 CFR part 7; and
</P>
<P>(2) The structural components of units consisting of 15 psi stoppings constructed prior to an event shall be approved by the District Manager, and the breathable air, air monitoring, and harmful gas removal components of these units shall be approved under 30 CFR part 7.
</P>
<P>(3) Prefabricated refuge alternative structures that states have approved and those that MSHA has accepted in approved Emergency Response Plans (ERPs) that are in service prior to March 2, 2009 are permitted until December 31, 2018, or until replaced, whichever comes first. Breathable air, air-monitoring, and harmful gas removal components of either a prefabricated self-contained unit or a unit consisting of 15 psi stoppings constructed prior to an event in a secure space and an isolated atmosphere that states have approved and those that MSHA has accepted in approved ERPs that are in use prior to March 2, 2009 are permitted until December 31, 2013, or until replaced, whichever comes first. Refuge alternatives consisting of materials pre-positioned for miners to deploy in a secure space with an isolated atmosphere that MSHA has accepted in approved ERPs that are in use prior to March 2, 2009 are permitted until December 31, 2010, or until replaced, whichever comes first.
</P>
<P>(b) Except as permitted under paragraph (a)(3) of this section, each operator shall provide refuge alternatives with sufficient capacity to accommodate all persons working underground.
</P>
<P>(1) Refuge alternatives shall provide at least 15 square feet of floor space per person and 30 to 60 cubic feet of volume per person according to the following chart. The airlock can be included in the space and volume if waste is disposed outside the refuge alternative.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Mining height (inches) 
</TH><TH class="gpotbl_colhed" scope="col">Unrestricted volume
<br/>(cubic feet) per person*
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36 or less</TD><TD align="left" class="gpotbl_cell">30 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;36-≤42</TD><TD align="left" class="gpotbl_cell">37.5 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;42-≤48</TD><TD align="left" class="gpotbl_cell">45 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;48-≤54</TD><TD align="left" class="gpotbl_cell">52.5 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;54</TD><TD align="left" class="gpotbl_cell">60 
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">* Includes an adjustment of 12 inches for clearances.</P></DIV></DIV>
<P>(2) Refuge alternatives for working sections shall accommodate the maximum number of persons that can be expected on or near the section at any time.
</P>
<P>(3) Each refuge alternative for outby areas shall accommodate persons reasonably expected to use it.
</P>
<P>(c) Refuge alternatives shall be provided at the following locations:
</P>
<P>(1) Within 1,000 feet from the nearest working face and from locations where mechanized mining equipment is being installed or removed except that for underground anthracite coal mines that have no electrical face equipment, refuge alternatives shall be provided if the nearest working face is greater than 2,000 feet from the surface.
</P>
<P>(2) Spaced within one-hour travel distances in outby areas where persons work such that persons in outby areas are never more than a 30-minute travel distance from a refuge alternative or safe exit. However, the operator may request and the District Manager may approve a different location in the ERP. The operator's request shall be based on an assessment of the risk to persons in outby areas, considering the following factors: proximity to seals; proximity to potential fire or ignition sources; conditions in the outby areas; location of stored SCSRs; and proximity to the most direct, safe, and practical route to an intake escapeway.
</P>
<P>(d) Roof and rib support for refuge alternative locations shall be specified in the mine's roof control plan.
</P>
<P>(e) The operator shall protect the refuge alternative and contents from damage during transportation, installation, and storage.
</P>
<P>(f) A refuge alternative shall be removed from service if examination reveals damage that interferes with the functioning of the refuge alternative or any component.
</P>
<P>(1) If a refuge alternative is removed from service, the operator shall withdraw all persons from the area serviced by the refuge alternative, except those persons referred to in § 104(c) of the Mine Act.
</P>
<P>(2) Refuge alternative components removed from service shall be replaced or be repaired for return to service in accordance with the manufacturer's specifications.
</P>
<P>(g) At all times, the site and area around the refuge alternative shall be kept clear of machinery, materials, and obstructions that could interfere with the deployment or use of the refuge alternative.
</P>
<P>(h) Each refuge alternative shall be conspicuously identified with a sign or marker as follows:
</P>
<P>(1) A sign or marker made of a reflective material with the word “REFUGE” shall be posted conspicuously at each refuge alternative.
</P>
<P>(2) Directional signs made of a reflective material shall be posted leading to each refuge alternative location.
</P>
<P>(i) During use of the refuge alternative, the atmosphere within the refuge alternative shall be monitored. Changes or adjustments shall be made to reduce the concentration of methane to less than 1 percent; to reduce the concentration of carbon dioxide to 1 percent or less and excursions not exceeding 2.5 percent; and to reduce the concentration of carbon monoxide to 25 ppm or less. Oxygen shall be maintained at 18.5 to 23 percent.
</P>
<P>(j) Refuge alternatives shall contain a fire extinguisher that—
</P>
<P>(1) Meets the requirements for portable fire extinguishers used in underground coal mines under this part;
</P>
<P>(2) Is appropriate for extinguishing fires involving the chemicals used for harmful gas removal; and
</P>
<P>(3) Uses a low-toxicity extinguishing agent that does not produce a hazardous by-product when activated.
</P>
<CITA TYPE="N">[73 FR 80698, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1507" NODE="30:1.0.1.12.38.16.219.8" TYPE="SECTION">
<HEAD>§ 75.1507   Emergency Response Plan; refuge alternatives.</HEAD>
<P>(a) The Emergency Response Plan (ERP) shall include the following for each refuge alternative and component:
</P>
<P>(1) The types of refuge alternatives used in the mine, <I>i.e.</I>, a prefabricated self-contained unit or a unit consisting of 15 psi stoppings constructed prior to an event in a secure space and an isolated atmosphere.
</P>
<P>(2) Procedures or methods for maintaining approved refuge alternatives and components.
</P>
<P>(3) The rated capacity of each refuge alternative, the number of persons expected to use each refuge alternative, and the duration of breathable air provided per person by the approved breathable air component of each refuge alternative.
</P>
<P>(4) The methods for providing breathable air with sufficient detail of the component's capability to provide breathable air over the duration stated in the approval.
</P>
<P>(5) The methods for providing ready backup oxygen controls and regulators.
</P>
<P>(6) The methods for providing an airlock and for providing breathable air in the airlock, except where adequate positive pressure is maintained.
</P>
<P>(7) The methods for providing sanitation facilities.
</P>
<P>(8) The methods for harmful gas removal, if necessary.
</P>
<P>(9) The methods for monitoring gas concentrations, including charging and calibration of equipment.
</P>
<P>(10) The method for providing lighting sufficient for persons to perform tasks.
</P>
<P>(11) Suitable locations for the refuge alternatives and an affirmative statement that the locations are—
</P>
<P>(i) Not within direct line of sight of the working face; and
</P>
<P>(ii) Where feasible, not placed in areas directly across from, nor closer than 500 feet radially from, belt drives, take-ups, transfer points, air compressors, explosive magazines, seals, entrances to abandoned areas, and fuel, oil, or other flammable or combustible material storage. However, the operator may request and the District Manager may approve an alternative location in the ERP if mining involves two-entry systems or yield pillars in a longwall that would prohibit locating the refuge alternative out of direct line of sight of the working face.
</P>
<P>(12) The maximum mine air temperature at each of the locations where refuge alternatives are to be placed.
</P>
<P>(b) For a refuge alternative consisting of 15 psi stoppings constructed prior to an event in a secure space and an isolated atmosphere, the ERP shall specify that—
</P>
<P>(1) The breathable air components shall be approved by MSHA; and
</P>
<P>(2) The refuge alternative can withstand exposure to a flash fire of 300 degrees Fahrenheit (°F) for 3 seconds and a pressure wave of 15 pounds per square inch (psi) overpressure for 0.2 seconds.
</P>
<P>(c) If the refuge alternative sustains persons for only 48 hours, the ERP shall detail advanced arrangements that have been made to assure that persons who cannot be rescued within 48 hours will receive additional supplies to sustain them until rescue. Advance arrangements shall include the following:
</P>
<P>(1) Pre-surveyed areas for refuge alternatives with closure errors of less than 20,000:1.
</P>
<P>(2) An analysis to demonstrate that the surface terrain, the strata, the capabilities of the drill rig, and all other factors that could affect drilling are such that a hole sufficient to provide required supplies and materials reliably can be promptly drilled within 48 hours of an accident at a mine.
</P>
<P>(3) Permissions to cross properties, build roads, and construct drill sites.
</P>
<P>(4) Arrangement with a drilling contractor or other supplier of drilling services to provide a suitable drilling rig, personnel and support so that a hole can be completed to the refuge alternative within 48 hours.
</P>
<P>(5) Capability to promptly transport a drill rig to a pre-surveyed location such that a drilled hole would be completed and located near a refuge alternative structure within 48 hours of an accident at a mine.
</P>
<P>(6) The specifications of pipes, air lines, and approved fans or approved compressors that will be used.
</P>
<P>(7) A method for assuring that within 48 hours, breathable air shall be provided.
</P>
<P>(8) A method for assuring the immediate availability of a backup source for supplying breathable air and a backup power source for surface installations.
</P>
<P>(d) The ERP shall specify that the refuge alternative is stocked with the following:
</P>
<P>(1) A minimum of 2,000 calories of food and 2.25 quarts of potable water per person per day in approved containers sufficient to sustain the maximum number of persons reasonably expected to use the refuge alternative for at least 96 hours, or for 48 hours if advance arrangements are made under paragraph (c) of this section;
</P>
<P>(2) A manual that contains sufficient detail for each refuge alternative or component addressing in-mine transportation, operation, and maintenance of the unit;
</P>
<P>(3) Sufficient quantities of materials and tools to repair components; and
</P>
<P>(4) First aid supplies.
</P>
<CITA TYPE="N">[73 FR 80699, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1508" NODE="30:1.0.1.12.38.16.219.9" TYPE="SECTION">
<HEAD>§ 75.1508   Training and records for examination, maintenance and repair of refuge alternatives and components.</HEAD>
<P>(a) Persons examining, maintaining, or repairing refuge alternatives and components shall be instructed in how to perform this work.
</P>
<P>(1) The operator shall assure that all persons assigned to examine, maintain, and repair refuge alternatives and components are trained.
</P>
<P>(2) The mine operator shall certify, by signature and date, the training of persons who examine, maintain, and repair refuge alternatives and components.
</P>
<P>(b) At the completion of each repair, the person conducting the maintenance or repair shall make a record of all corrective action taken.
</P>
<P>(c) Training certifications and repair records shall be kept at the mine for one year.
</P>
<CITA TYPE="N">[73 FR 80699, Dec. 31, 2008]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="Q" NODE="30:1.0.1.12.38.17" TYPE="SUBPART">
<HEAD>Subpart Q—Communications</HEAD>


<DIV8 N="§ 75.1600" NODE="30:1.0.1.12.38.17.219.1" TYPE="SECTION">
<HEAD>§ 75.1600   Communications.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Telephone service or equivalent two-way communication facilities, approved by the Secretary or his authorized representative, shall be provided between the surface and each landing of main shafts and slopes and between the surface and each working section of any coal mine that is more than 100 feet from a portal. 


</P>
</DIV8>


<DIV8 N="§ 75.1600-1" NODE="30:1.0.1.12.38.17.219.2" TYPE="SECTION">
<HEAD>§ 75.1600-1   Communication facilities; main portals; installation requirements.</HEAD>
<P>A telephone or equivalent two-way communication facility shall be located on the surface within 500 feet of all main portals, and shall be installed either in a building or in a box-like structure designed to protect the facilities from damage by inclement weather. At least one of these communication facilities shall be at a location where a responsible person who is always on duty when men are underground can hear the facility and respond immediately in the event of an emergency. 
</P>
<CITA TYPE="N">[38 FR 29999, Oct. 31, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1600-2" NODE="30:1.0.1.12.38.17.219.3" TYPE="SECTION">
<HEAD>§ 75.1600-2   Communication facilities; working sections; installation and maintenance requirements; audible or visual alarms.</HEAD>
<P>(a) Telephones or equivalent two-way communication facilities provided at each working section shall be located not more than 500 feet outby the last open crosscut and not more than 800 feet from the farthest point of penetration of the working places on such section. 
</P>
<P>(b) The incoming communication signal shall activate an audible alarm, distinguishable from the surrounding noise level, or a visual alarm that can be seen by a miner regularly employed on the working section. 
</P>
<P>(c) If a communication system other than telephones is used and its operation depends entirely upon power from the mine electric system, means shall be provided to permit continued communication in the event the mine electric power fails or is cut off; provided, however, that where trolley phones and telephones are both used, an alternate source of power for the trolley phone system is not required. 
</P>
<P>(d) Trolley phones connected to the trolley wire shall be grounded in accordance with Subpart H of this part. 
</P>
<P>(e) Telephones or equivalent two-way communication facilities shall be maintained in good operating condition at all times. In the event of any failure in the system that results in loss of communication, repairs shall be started immediately, and the system restored to operating condition as soon as possible. 
</P>
<CITA TYPE="N">[38 FR 29999, Oct. 31, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1600-3" NODE="30:1.0.1.12.38.17.219.4" TYPE="SECTION">
<HEAD>§ 75.1600-3   Communications facilities; refuge alternatives.</HEAD>
<P>(a) Refuge alternatives shall be provided with a communications system that consists of—
</P>
<P>(1) A two-way communication facility that is a part of the mine communication system, which can be used from inside the refuge alternative; and
</P>
<P>(2) An additional communication system and other requirements as defined in the communications portion of the operator's approved Emergency Response Plan.
</P>
<CITA TYPE="N">[73 FR 80700, Dec. 31, 2008]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="R" NODE="30:1.0.1.12.38.18" TYPE="SUBPART">
<HEAD>Subpart R—Miscellaneous</HEAD>


<DIV8 N="§ 75.1700" NODE="30:1.0.1.12.38.18.219.1" TYPE="SECTION">
<HEAD>§ 75.1700   Oil and gas wells.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Each operator of a coal mine shall take reasonable measures to locate oil and gas wells penetrating coalbeds or any underground area of a coal mine. When located, such operator shall establish and maintain barriers around such oil and gas wells in accordance with State laws and regulations, except that such barriers shall not be less than 300 feet in diameter, unless the Secretary or his authorized representative permits a lesser barrier consistent with the applicable State laws and regulations where such lesser barrier will be adequate to protect against hazards from such wells to the miners in such mine, or unless the Secretary or his authorized representative requires a greater barrier where the depth of the mine, other geologic conditions, or other factors warrant such a greater barrier. 


</P>
</DIV8>


<DIV8 N="§ 75.1702" NODE="30:1.0.1.12.38.18.219.2" TYPE="SECTION">
<HEAD>§ 75.1702   Smoking; prohibition.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>No person shall smoke, carry smoking materials, matches, or lighters underground, or smoke in or around oil houses, explosives magazines, or other surface areas where such practice may cause a fire or explosion. The operator shall institute a program, approved by the Secretary, to insure that any person entering the underground area of the mine does not carry smoking materials, matches, or lighters.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1702-1" NODE="30:1.0.1.12.38.18.219.3" TYPE="SECTION">
<HEAD>§ 75.1702-1   Smoking programs.</HEAD>
<P>Programs required under § 75.1702 shall be submitted to the Coal Mine Safety District Manager for approval on or before May 30, 1970. 


</P>
</DIV8>


<DIV8 N="§ 75.1703" NODE="30:1.0.1.12.38.18.219.4" TYPE="SECTION">
<HEAD>§ 75.1703   Portable electric lamps.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Persons underground shall use only permissible electric lamps approved by the Secretary for portable illumination. No open flame shall be permitted in the underground area of any coal mine, except as permitted under § 75.1106. 


</P>
</DIV8>


<DIV8 N="§ 75.1703-1" NODE="30:1.0.1.12.38.18.219.5" TYPE="SECTION">
<HEAD>§ 75.1703-1   Permissible lamps.</HEAD>
<P>Lamps approved by the Bureau of Mines or the Mine Safety and Health Administration under Part 19 or Part 20 of this chapter (Bureau of Mines Schedule 6D and Schedule 10C) are approved lamps for the purposes of § 75.1703. 


</P>
</DIV8>


<DIV8 N="§ 75.1707-1" NODE="30:1.0.1.12.38.18.219.6" TYPE="SECTION">
<HEAD>§ 75.1707-1   New working section.</HEAD>
<P>The term “new working section” as used in § 75.1707 means any extension of the belt or trolley haulage system in main, cross, and room entries necessary for the development of the mine on and after March 30, 1970. Room entries being developed as of March 30, 1970, with certified stop line limitations as shown on the mine map and retreating panels shall not be considered as new working sections. 


</P>
</DIV8>


<DIV8 N="§ 75.1708" NODE="30:1.0.1.12.38.18.219.7" TYPE="SECTION">
<HEAD>§ 75.1708   Surface structures, fireproofing.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>After March 30, 1970, all structures erected on the surface within 100 feet of any mine opening shall be of fireproof construction. Unless structures existing on or prior to such date which are located within 100 feet of any mine opening are of such construction, fire doors shall be erected at effective points in mine openings to prevent smoke or fire from outside sources endangering miners underground. These doors shall be tested at least monthly to insure effective operation. A record of such tests shall be kept in an area on the surface of the mine chosen by the operator to minimize the danger of destruction by fire or other hazard and shall be available for inspection by interested persons. 


</P>
</DIV8>


<DIV8 N="§ 75.1708-1" NODE="30:1.0.1.12.38.18.219.8" TYPE="SECTION">
<HEAD>§ 75.1708-1   Surface structures; fireproof construction.</HEAD>
<P>Structures of fireproof construction is interpreted to mean structures with fireproof exterior surfaces. 


</P>
</DIV8>


<DIV8 N="§ 75.1709" NODE="30:1.0.1.12.38.18.219.9" TYPE="SECTION">
<HEAD>§ 75.1709   Accumulations of methane and coal dust on surface coal-handling facilities.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Adequate measures shall be taken to prevent methane and coal dust from accumulating in excessive concentrations in or on surface coal-handling facilities, but in no event shall methane be permitted to accumulate in concentrations in or on surface coal-handling facilities in excess of limits established for methane by the Secretary on and after March 30, 1971. Where coal is dumped at or near air-intake openings, provisions shall be made to avoid dust from entering the mine. 


</P>
</DIV8>


<DIV8 N="§ 75.1710" NODE="30:1.0.1.12.38.18.219.10" TYPE="SECTION">
<HEAD>§ 75.1710   Canopies or cabs; diesel-powered and electric face equipment.</HEAD>
<P>In any coal mine where the height of the coalbed permits, an authorized representative of the Secretary may require that diesel-powered and electric face equipment, including shuttle cars, be provided with substantially constructed canopies or cabs to protect the miners operating such equipment from roof falls and from rib and face rolls. 
</P>
<CITA TYPE="N">[61 FR 55527, Oct. 25, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 75.1710-1" NODE="30:1.0.1.12.38.18.219.11" TYPE="SECTION">
<HEAD>§ 75.1710-1   Canopies or cabs; self-propelled diesel-powered and electric face equipment; installation requirements.</HEAD>
<P>(a) Except as provided in paragraph (f) of this section, all self-propelled diesel-powered and electric face equipment, including shuttle cars, which is employed in the active workings of each underground coal mine on and after January 1, 1973, shall, in accordance with the schedule of time specified in paragraphs (a) (1), (2), (3), (4), (5), and (6) of this section, be equipped with substantially constructed canopies or cabs, located and installed in such a manner that when the operator is at the operating controls of such equipment he shall be protected from falls of roof, face, or rib, or from rib and face rolls. The requirements of this paragraph (a) shall be met as follows: 
</P>
<P>(1) On and after January 1, 1974, in coal mines having mining heights of 72 inches or more; 
</P>
<P>(2) On and after July 1, 1974, in coal mines having mining heights of 60 inches or more, but less than 72 inches; 
</P>
<P>(3) On and after January 1, 1975, in coal mines having mining heights of 48 inches or more, but less than 60 inches; 
</P>
<P>(4) On and after July 1, 1975, in coal mines having mining heights of 36 inches or more, but less than 48 inches; 
</P>
<P>(5)(i) On and after January 1, 1976, in coal mines having mining heights of 30 inches or more, but less than 36 inches, 
</P>
<P>(ii) On and after July 1, 1977, in coal mines having mining heights of 24 inches or more, but less than 30 inches, and 
</P>
<P>(6) On and after July 1, 1978, in coal mines having mining heights of less than 24 inches. 
</P>
<P>(b)(1) For purposes of this section, a canopy means a structure which provides overhead protection against falls of roof. 
</P>
<P>(2) For purposes of this section, a cab means a structure which provides overhead and lateral protection against falls of roof, rib, and face, or rib and face rolls. 
</P>
<P>(c) In determining whether to install substantially constructed canopies as opposed to substantially constructed cabs, the operator shall consider and take into account the following factors: 
</P>
<P>(1) The mining method used; 
</P>
<P>(2) Physical limitations, including but not limited to the dip of the coalbed, and roof, rib, and face conditions; 
</P>
<P>(3) Previous accident experience, if any, caused by falls of roof, rib, and face, or rib and face rolls; 
</P>
<P>(4) Overhead protection, such as that afforded by a substantially constructed canopy, against falls of roof will always be required; and 
</P>
<P>(5) Lateral protection, such as that afforded by a substantially constructed cab, may also be necessary where the occurrence of falls of rib and face, or rib and face rolls is likely. 
</P>
<P>(d) For purposes of this section, a canopy or cab will be considered to be substantially constructed if a registered engineer certifies that such canopy or cab has the minimum structural capacity to support elastically: 
</P>
<P>(1) A dead weight load of 18,000 pounds, or 
</P>
<P>(2) 15 p.s.i. distributed uniformly over the plan view area of the structure, whichever is lesser. 
</P>
<P>(e) Evidence of the certification required by paragraph (d) of this section shall be furnished by attaching a plate, label, or other appropriate marking to the canopy or cab for which certification has been made, stating that such canopy or cab meets the minimum requirements for structural capacity set forth in paragraph (d) of this section. Written evidence of such certification shall also be retained by the operator, and shall be made available to an authorized representative of the Secretary upon request. Written evidence of certification may consist of the report of the registered engineer who certified the canopy or cab, or of information from the manufacturer of the canopy or cab stating that a registered engineer has certified that the canopy or cab meets the minimum requirements for structural capacity set forth in paragraph (d) of this section. 
</P>
<P>(f) An operator may apply to the Director of Technical Support, Mine Safety and Health Administration, Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210, for approval of the installation of devices to be used in lieu of substantially constructed canopies or cabs on self-propelled diesel-powered and electric face equipment. The Director of Technical Support may approve such devices if he determines that the use thereof will afford the equipment operator no less than the same measure of protection from falls of roof, face, or rib, or from rib and face rolls as would a substantially constructed canopy or cab meeting the requirements of this section. 
</P>
<CITA TYPE="N">[37 FR 20690, Oct. 3, 1972, as amended at 41 FR 23200, June 9, 1976; 43 FR 12320, Mar. 24, 1978; 47 FR 28096, June 29, 1982; 61 FR 55527, Oct. 25, 1996; 67 FR 38386, June 4, 2002; 80 FR 52992, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]
</CITA>
<EFFDNOT>
<HED>Effective Date Note:</HED><PSPACE>At 42 FR 34877, July 7, 1977, the dates appearing in paragraphs (a)(5)(ii) and (a)(6) of § 75.1710-1 were suspended indefinitely, effective July 1, 1977.</PSPACE></EFFDNOT>
</DIV8>


<DIV8 N="§ 75.1711" NODE="30:1.0.1.12.38.18.219.12" TYPE="SECTION">
<HEAD>§ 75.1711   Sealing of mines.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>On or after March 30, 1970, the opening of any coal mine that is declared inactive by the operator, or is permanently closed, or abandoned for more than 90 days, shall be sealed by the operator in a manner prescribed by the Secretary. Openings of all other mines shall be adequately protected in a manner prescribed by the Secretary to prevent entrance by unauthorized persons. 


</P>
</DIV8>


<DIV8 N="§ 75.1711-1" NODE="30:1.0.1.12.38.18.219.13" TYPE="SECTION">
<HEAD>§ 75.1711-1   Sealing of shaft openings.</HEAD>
<P>Shaft openings required to be sealed under § 75.1711 shall be effectively capped or filled. Filling shall be for the entire depth of the shaft and, for the first 50 feet from the bottom of the coalbed, the fill shall consist of incombustible material. Caps consisting of a 6-inch thick concrete cap or other equivalent means may be used for sealing. Caps shall be equipped with a vent pipe at least 2 inches in diameter extending for a distance of at least 15 feet above the surface of the shaft. 


</P>
</DIV8>


<DIV8 N="§ 75.1711-2" NODE="30:1.0.1.12.38.18.219.14" TYPE="SECTION">
<HEAD>§ 75.1711-2   Sealing of slope or drift openings.</HEAD>
<P>Slope or drift openings required to be sealed under § 75.1711 shall be sealed with solid, substantial, incombustible material, such as concrete blocks, bricks or tile, or shall be completely filled with incombustible material for a distance of at least 25 feet into such openings. 


</P>
</DIV8>


<DIV8 N="§ 75.1711-3" NODE="30:1.0.1.12.38.18.219.15" TYPE="SECTION">
<HEAD>§ 75.1711-3   Openings of active mines.</HEAD>
<P>The openings of all mines not declared by the operator, to be inactive, permanently closed, or abandoned for less than 90 days shall be adequately fenced or posted with conspicuous signs prohibiting the entrance of unauthorized persons. 


</P>
</DIV8>


<DIV8 N="§ 75.1712" NODE="30:1.0.1.12.38.18.219.16" TYPE="SECTION">
<HEAD>§ 75.1712   Bath houses and toilet facilities.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>The Secretary may require any operator to provide adequate facilities for the miners to change from the clothes worn underground, to provide for the storing of such clothes from shift to shift, and to provide sanitary and bathing facilities. Sanitary toilet facilities shall be provided in the active workings of the mine when such surface facilities are not readily accessible to the active workings.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1712-1" NODE="30:1.0.1.12.38.18.219.17" TYPE="SECTION">
<HEAD>§ 75.1712-1   Availability of surface bathing facilities; change rooms; and sanitary facilities.</HEAD>
<P>Except where a waiver has been granted pursuant to the provisions of § 75.1712-4, each operator of an underground coal mine shall on and after December 30, 1970, provide bathing facilities, clothing change rooms, and sanitary facilities, as hereinafter prescribed, for the use of the miners at the mine. 


</P>
</DIV8>


<DIV8 N="§ 75.1712-2" NODE="30:1.0.1.12.38.18.219.18" TYPE="SECTION">
<HEAD>§ 75.1712-2   Location of surface facilities.</HEAD>
<P>Bathhouses, change rooms, and sanitary toilet facilities shall be in a location convenient for the use of the miners. Where such facilities are designed to serve more than one mine, they shall be centrally located so as to be as convenient for the use of the miners in all the mines served by such facilities. 


</P>
</DIV8>


<DIV8 N="§ 75.1712-3" NODE="30:1.0.1.12.38.18.219.19" TYPE="SECTION">
<HEAD>§ 75.1712-3   Minimum requirements of surface bathing facilities, change rooms, and sanitary toilet facilities.</HEAD>
<P>(a) All bathing facilities, change rooms, and sanitary toilet facilities shall be provided with adequate light, heat, and ventilation so as to maintain a comfortable air temperature and to minimize the accumulation of moisture and odors, and such facilities shall be maintained in a clean and sanitary condition. 
</P>
<P>(b) Bathing facilities, change rooms, and sanitary toilet facilities shall be constructed and equipped so as to comply with applicable State and local building codes: <I>Provided, however,</I> That where no State or local building codes apply to such facilities, or where no State or local building codes exist, such facilities shall be constructed and equipped so as to meet the minimum construction requirements of the National Building Code; and the minimum plumbing requirements of the U.S.A. Standard Plumbing Code, ASA A40.8-1955. 
</P>
<P>(c) In addition to the minimum requirements specified in paragraphs (a) and (b) of this § 75.1712-3, facilities maintained in accordance with § 75.1712-1 shall include the following: 
</P>
<P>(1) <I>Bathing facilities.</I> (i) Showers shall be provided with both hot and cold water. 
</P>
<P>(ii) At least one shower head shall be provided where five or less miners use such showers. 
</P>
<P>(iii) Where five or more miners use such showers, sufficient showers shall be furnished to provide approximately one shower head for each five miners. 
</P>
<P>(iv) A suitable cleansing agent shall be provided for use at each shower. 
</P>
<P>(2) <I>Sanitary toilet facilities.</I> (i) At least one sanitary flush toilet shall be provided where 10 or less miners use such facilities. 
</P>
<P>(ii) Where 10 or more miners use such sanitary toilet facilities, sufficient toilets shall be furnished to provide approximately one sanitary flush toilet for each 10 miners. 
</P>
<P>(iii) Where 30 or more miners use sanitary toilet facilities, one urinal may be substituted for one sanitary flush toilet, however, where such substitutions are made they shall not reduce the number of toilets below a ratio of two toilets to one urinal. 
</P>
<P>(iv) An adequate supply of toilet paper shall be provided with each toilet. 
</P>
<P>(v) Adequate handwashing facilities or hand lavatories shall be provided in or adjacent to each toilet facility. 
</P>
<P>(3) <I>Change rooms.</I> (i) Individual clothes storage containers or lockers shall be provided for storage of miners clothing and other incidental personal belongings during and between shifts. 
</P>
<P>(ii) Change rooms shall be provided with ample space to permit the use of such facilities by all miners changing clothes prior to and after each shift. 


</P>
</DIV8>


<DIV8 N="§ 75.1712-4" NODE="30:1.0.1.12.38.18.219.20" TYPE="SECTION">
<HEAD>§ 75.1712-4   Waiver of surface facilities requirements.</HEAD>
<P>The Coal Mine Safety District Manager for the district in which the mine is located may, upon written application by the operator, waive any or all of the requirements of §§ 75.1712-1 through 75.1712-3 if he determines that the operator of the mine cannot or need not meet any part or all of such requirements, and, upon issuance of such waiver, he shall set forth the facilities which will not be required and the specific reason or reasons for such waiver.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1712-5" NODE="30:1.0.1.12.38.18.219.21" TYPE="SECTION">
<HEAD>§ 75.1712-5   Application for waiver of surface facilities.</HEAD>
<P>Applications for waivers of the requirements of §§ 75.1712-1 through 75.1712-3 shall be filed with the Coal Mine Safety District Manager and shall contain the following information: 
</P>
<P>(a) The name and address of the mine operator; 
</P>
<P>(b) The name and location of the mine; 
</P>
<P>(c) A statement explaining why, in the opinion of the operator, the installation or maintenance of the facilities is impractical or unnecessary. 


</P>
</DIV8>


<DIV8 N="§ 75.1712-6" NODE="30:1.0.1.12.38.18.219.22" TYPE="SECTION">
<HEAD>§ 75.1712-6   Underground sanitary facilities; installation and maintenance.</HEAD>
<P>(a) Except as provided in § 75.1712-7, each operator of an underground coal mine shall provide and maintain one sanitary toilet in a dry location under protected roof, within 500 feet of each working place in the mine where miners are regularly employed during the mining cycle. A single sanitary toilet may serve two or more working places in the same mine, if it is located within 500 feet of each such working place.
</P>
<P>(b) Sanitary toilets shall have an attached toilet seat with a hinged lid and a toilet paper holder together with an adequate supply of toilet tissue, except that a toilet paper holder is not required for an unenclosed toilet facility.
</P>
<P>(c) Only flush or nonflush chemical or biological toilets, sealed bag toilets, and vault toilets meet the requirements of this section. Privies and combustion or incinerating toilets are prohibited underground.
</P>
<CITA TYPE="N">[68 FR 37087, June 23, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 75.1712-7" NODE="30:1.0.1.12.38.18.219.23" TYPE="SECTION">
<HEAD>§ 75.1712-7   Underground sanitary facilities; waiver of requirements.</HEAD>
<P>If it has been determined by the Coal Mine Safety District Manager for the district in which the mine is located that sanitary toilets cannot be provided and maintained within 500 feet of a working place because of the thickness of the coal seam or because of any other physical restriction in the underground workings, he may, upon written application by the operator, waive the location requirements for underground sanitary facilities with respect to such working place. 


</P>
</DIV8>


<DIV8 N="§ 75.1712-8" NODE="30:1.0.1.12.38.18.219.24" TYPE="SECTION">
<HEAD>§ 75.1712-8   Application for waiver of location requirements for underground sanitary facilities.</HEAD>
<P>Applications for waivers of the location requirements of § 75.1712-6 shall be filed with the Coal Mine Safety District Manager and shall contain the following information: 
</P>
<P>(a) The name and address of the mine operator; 
</P>
<P>(b) The name and location of the mine; 
</P>
<P>(c) The thickness of the coal seam in each working place in the mine for which a waiver is requested; and 
</P>
<P>(d) Other physical restrictions in the mine (for example, poor roof conditions, excessive water, timbering, etc.). 
</P>
<FP>If a sanitary toilet cannot be installed within 500 feet of a working place because of physical conditions other than the thickness of the coal seam, the operator shall also include a short statement specifying areas in the mine which could be considered possible alternative sites for installation of such facilities. 


</FP>
</DIV8>


<DIV8 N="§ 75.1712-9" NODE="30:1.0.1.12.38.18.219.25" TYPE="SECTION">
<HEAD>§ 75.1712-9   Issuance of waivers.</HEAD>
<P>Following the receipt of an application submitted in accordance with the provisions of § 75.1712-8, the Coal Mine Safety District Manager shall, if he determines that the operator cannot meet the location requirements of § 75.1712-6 with respect to any or all of the working places in the mine because of the coal seam thickness or because of other physical restriction, issue a waiver of the requirements of this section and designate an alternative site for installation of such facilities. The waiver issued shall specify each working place to which it shall apply, set forth the reasons for such waiver, and the reasons for designation of the alternative site. 


</P>
</DIV8>


<DIV8 N="§ 75.1712-10" NODE="30:1.0.1.12.38.18.219.26" TYPE="SECTION">
<HEAD>§ 75.1712-10   Underground sanitary facilities; maintenance.</HEAD>
<P>Sanitary toilets shall be regularly maintained in a clean and sanitary condition. Holding tanks shall be serviced and cleaned when full and in no case less than once each week by draining or pumping or by removing them to the surface for cleaning or recharging. Transfer tanks and transfer equipment used underground shall be equipped with suitable fittings to permit complete drainage of holding tanks without spillage and allow for the sanitary transportation of wastes to the surface. Waste shall be disposed of on the surface in accordance with State and local laws and regulations. 


</P>
</DIV8>


<DIV8 N="§ 75.1713" NODE="30:1.0.1.12.38.18.219.27" TYPE="SECTION">
<HEAD>§ 75.1713   Emergency medical assistance; first-aid.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Each operator shall make arrangements in advance for obtaining emergency medical assistance and transportation for injured persons. Emergency communications shall be provided to the nearest point of assistance. Selected agents of the operator shall be trained in first-aid and first-aid training shall be made available to all miners. Each coal mine shall have an adequate supply of first-aid equipment located on the surface, at the bottom of shafts and slopes, and at other strategic locations near the working faces. In fulfilling each of the requirements of this section, the operator shall meet at least minimum requirements prescribed by the Secretary of Health and Human Services.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 47 FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1713-1" NODE="30:1.0.1.12.38.18.219.28" TYPE="SECTION">
<HEAD>§ 75.1713-1   Arrangements for emergency medical assistance and transportation for injured persons; agreements; reporting requirements; posting requirements.</HEAD>
<P>(a) Each operator of an underground coal mine shall make arrangements with a licensed physician, medical service, medical clinic, or hospital to provide 24-hour emergency medical assistance for any person injured at the mine. 
</P>
<P>(b) Each operator of an underground coal mine shall make arrangements with an ambulance service, or otherwise provide, for 24-hour emergency transportation for any person injured at the mine. 
</P>
<P>(c) Each operator shall, on or before December 30, 1970, report to the District Manager for the district in which the mine is located the name, title and address of the physician, medical service, medical clinic, hospital or ambulance service with whom arrangements have been made, or otherwise provided, in accordance with the provisions of paragraphs (a) and (b) of this § 75.1713-1. 
</P>
<P>(d) Each operator shall, within 10 days after any change of the arrangements required to be reported under the provisions of this § 75.1713-1, report such changes to the District Manager. If such changes involve a substitution of persons, the operator shall provide the name, title, and address of the person substituted together with the name and address of the medical service, medical clinic, hospital, or ambulance service with which such person or persons are associated. 
</P>
<P>(e) Each operator shall, immediately after making an arrangement required under the provisions of paragraphs (a) and (b) of this § 75.1713-1, or immediately after any change of such arrangement, post at appropriate places at the mine the names, titles, addresses, and telephone numbers of all persons or services currently available under such arrangements to provide medical assistance and transportation at the mine. 


</P>
</DIV8>


<DIV8 N="§ 75.1713-2" NODE="30:1.0.1.12.38.18.219.29" TYPE="SECTION">
<HEAD>§ 75.1713-2   Emergency communications; requirements.</HEAD>
<P>(a) Each operator of an underground coal mine shall establish and maintain a communication system from the mine to the nearest point of medical assistance for use in an emergency. 
</P>
<P>(b) The emergency communication system required to be maintained under paragraph (a) of this § 75.1713-2 may be established by telephone or radio transmission or by any other means of prompt communication to any facility (for example, the local sheriff, the State highway patrol, or local hospital) which has available the means of communication with the person or persons providing emergency medical assistance or transportation in accordance with the provisions of § 75.1713-1. 


</P>
</DIV8>


<DIV8 N="§ 75.1713-3" NODE="30:1.0.1.12.38.18.219.30" TYPE="SECTION">
<HEAD>§ 75.1713-3   First-Aid training; supervisory employees.</HEAD>
<P>The mine operator shall conduct first-aid training courses for selected supervisory employees at the mine. Within 60 days after the selection of a new supervisory employee to be so trained, the mine operator shall certify by signature and date the name of the employee and date on which the employee satisfactorily completed the first-aid training course. The certification shall be kept at the mine and made available on request to an authorized representative of the Secretary.
</P>
<CITA TYPE="N">[56 FR 1478, Jan. 14, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 75.1713-4" NODE="30:1.0.1.12.38.18.219.31" TYPE="SECTION">
<HEAD>§ 75.1713-4   First-aid training program; availability of instruction to all miners.</HEAD>
<P>On or before June 30, 1971, each operator of an underground coal mine shall make available to all miners employed in the mine a course of instruction in first-aid conducted by the operator or under the auspices of the operator, and such a course of instruction shall be made available to newly employed miners within 6 months after the date of employment. 


</P>
</DIV8>


<DIV8 N="§ 75.1713-5" NODE="30:1.0.1.12.38.18.219.32" TYPE="SECTION">
<HEAD>§ 75.1713-5   First-aid training program; retraining of supervisory employees; availability to all miners.</HEAD>
<P>Beginning January 1, 1971, each operator of an underground coal mine shall conduct refresher first-aid training courses each calendar year for all selected supervisory employees, and make available refresher first-aid training courses to all miners employed in the mine. 


</P>
</DIV8>


<DIV8 N="§ 75.1713-6" NODE="30:1.0.1.12.38.18.219.33" TYPE="SECTION">
<HEAD>§ 75.1713-6   First-aid training program; minimum requirements.</HEAD>
<P>(a) All first-aid training programs required under the provisions of §§ 75.1713-3 and 75.1713-4 shall include 10 class hours of training in a course of instruction similar to that outlined in “First Aid, A Bureau of Mines Instruction Manual.” 
</P>
<P>(b) Refresher first-aid training programs required under the provisions of § 75.1713-5 shall include five class hours of refresher training in a course of instruction similar to that outlined in “First Aid, A Bureau of Mines Instruction Manual.” 


</P>
</DIV8>


<DIV8 N="§ 75.1713-7" NODE="30:1.0.1.12.38.18.219.34" TYPE="SECTION">
<HEAD>§ 75.1713-7   First-aid equipment; location; minimum requirements.</HEAD>
<P>(a) Each operator of an underground coal mine shall maintain a supply of the first-aid equipment set forth in paragraph (b) of this § 75.1713-7 at each of the following locations: 
</P>
<P>(1) At the mine dispatcher's office or other appropriate work area on the surface in close proximity to the mine entry; 
</P>
<P>(2) At the bottom of each regularly traveled slope or shaft; however, where the bottom of such slope or shaft is not more than 1,000 feet from the surface, such first-aid supplies may be maintained on the surface at the entrance to the mine; and 
</P>
<P>(3) At a point in each working section not more than 500 feet outby the active working face or faces. 
</P>
<P>(b) The first-aid equipment required to be maintained under the provisions of paragraph (a) of this § 75.1713-7 shall include at least the following: 
</P>
<P>(1) One stretcher; 
</P>
<P>(2) One broken-back board. (If a splint stretcher combination is used it will satisfy the requirements of both (1) and (2)). 
</P>
<P>(3) 24 triangular bandages (15 if a splint-stretcher combination is used). 
</P>
<P>(4) Eight 4-inch bandage compresses; 
</P>
<P>(5) Eight 2-inch bandage compresses. 
</P>
<P>(6) Twelve 1-inch adhesive compresses; 
</P>
<P>(7) One foille; 
</P>
<P>(8) Two cloth blankets: 
</P>
<P>(9) One rubber blanket or equivalent substitute. 
</P>
<P>(10) Two tourniquets; 
</P>
<P>(11) One 1-ounce bottle of aromatic spirits of ammonia or 1 dozen ammonia ampules. 
</P>
<P>(12) The necessary complements of arm and leg splints or two each inflatable plastic arm and leg splints. 
</P>
<P>(c) All first-aid supplies required to be maintained under the provisions of paragraphs (a) and (b) of this § 75.1713-7 shall be stored in suitable, sanitary, dust tight, moisture proof containers and such supplies shall be accessible to the miners. 


</P>
</DIV8>


<DIV8 N="§ 75.1714" NODE="30:1.0.1.12.38.18.219.35" TYPE="SECTION">
<HEAD>§ 75.1714   Availability of approved self-rescue devices; instruction in use and location.</HEAD>
<P>(a) Each operator shall make available to each miner who goes underground, and to visitors authorized to enter the mine by the operator, an approved self-rescue device or devices which is adequate to protect such person for 1 hour or longer.
</P>
<P>(b) Before any person authorized by the operator goes underground, the operator shall instruct and train such person in accordance with provisions set forth in 30 CFR part 48.
</P>
<CITA TYPE="N">[43 FR 54246, Nov. 21, 1978, as amended at 53 FR 10336, Mar. 30, 1988; 60 FR 30401, June 8, 1995; 71 FR 71454, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.1714-1" NODE="30:1.0.1.12.38.18.219.36" TYPE="SECTION">
<HEAD>§ 75.1714-1   Approved self-rescue devices.</HEAD>
<P>The requirements of § 75.1714 shall be met by making available to each person referred to in that section a self-rescue device or devices, which have been approved by MSHA and NIOSH under 42 CFR part 84, as follows:
</P>
<P>(a) A 1-hour SCSR;
</P>
<P>(b) A SCSR of not less than 10 minutes and a 1-hour canister; or
</P>
<P>(c) Any other self-contained breathing apparatus which provides protection for a period of 1 hour or longer and which is approved for use by MSHA as a self-rescue device when used and maintained as prescribed by MSHA.
</P>
<CITA TYPE="N">[60 FR 30401, June 8, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 75.1714-2" NODE="30:1.0.1.12.38.18.219.37" TYPE="SECTION">
<HEAD>§ 75.1714-2   Self-rescue devices; use and location requirements.</HEAD>
<P>(a) Self-rescue devices shall be used and located as prescribed in paragraphs (b) through (f) of this section.
</P>
<P>(b) Except as provided in paragraph (c), (d), (e), or (f) of this section, self-rescue devices shall be worn or carried at all times by each person when underground. 
</P>
<P>(c) Where the wearing or carrying of the self-rescue device is hazardous to the person, it shall be placed in a readily accessible location no greater than 25 feet from such person.
</P>
<P>(d) Where a person works on or around equipment, the self-rescue device may be placed in a readily accessible location on such equipment.
</P>
<P>(e) A mine operator may apply to the District Manager under § 75.1502 for permission to place the SCSR more than 25 feet away.
</P>
<P>(1) The District Manager shall consider the following factors in deciding whether to permit an operator to place a SCSR more than 25 feet from a miner:
</P>
<P>(i) Distance from affected sections to surface,
</P>
<P>(ii) Pitch of seam in affected sections,
</P>
<P>(iii) Height of coal seam in affected sections, 
</P>
<P>(iv) Location of escapeways, 
</P>
<P>(v) Proposed location of SCSRs,
</P>
<P>(vi) Type of work performed by affected miners, 
</P>
<P>(vii) Degree of risk to which affected miners are exposed, 
</P>
<P>(viii) Potential for breaking into oxygen deficient atmospheres, 
</P>
<P>(ix) Type of risk to which affected miners are exposed,
</P>
<P>(x) Accident history of mine, and 
</P>
<P>(xi) Other matters bearing upon the safety of miners.
</P>
<P>(2) Such application shall not be approved by the District Manager unless it provides that, while underground, all miners whose SCSR is more than 25 feet away shall have a FSR approved by MSHA and NIOSH under 42 CFR part 84 sufficient to enable each miner to get to a SCSR.
</P>
<P>(3) An operator may not obtain permission under paragraph (e) of this section to place SCSRs more than 25 feet away from miners on trips into and out of the mine.
</P>
<P>(f) If an SCSR is not carried out of the mine at the end of a miner's shift, the place of storage shall be approved by the District Manager. A sign made of reflective material with the word “SCSRs” or “SELF-RESCUERS” shall be conspicuously posted at each SCSR storage location. Direction signs made of a reflective material shall be posted leading to each storage location.
</P>
<P>(g) Where devices of not less than 10 minutes and 1 hour are made available in accordance with § 75.1714-1(b), such devices shall be used and located as follows:
</P>
<P>(1) Except as provided in paragraphs (c) and (d) of this section, the device of not less than 10 minutes shall be worn or carried at all times by each person when underground, and 
</P>
<P>(2) The one-hour canister shall be available at all times to all persons when underground in accordance with a plan submitted by the mine operator and approved by the District Manager. When the one-hour canister is placed in a storage location, a sign made of a reflective material with the word “SCSRs” or “SELF-RESCUERS” shall be conspicuously posted at each storage location. Direction signs made of a reflective material shall be posted leading to each storage location.
</P>
<CITA TYPE="N">[43 FR 54246, Nov. 21, 1978, as amended at 60 FR 30401, June 8, 1995; 69 FR 8108, Feb. 23, 2004; 71 FR 12270, Mar. 9, 2006; 71 FR 71454, Dec. 8, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1714-3" NODE="30:1.0.1.12.38.18.219.38" TYPE="SECTION">
<HEAD>§ 75.1714-3   Self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping.</HEAD>
<P>(a) Each operator shall provide for proper inspection, testing, maintenance, and repair of self-rescue devices by a person trained to perform such functions. 
</P>
<P>(b) After each time a self-rescue device is worn or carried by a person, the device shall be inspected for damage and for the integrity of its seal by a person trained to perform this function. Self-rescue devices with broken seals or which are damaged so that the device will not function properly shall be removed from service.
</P>
<P>(c) All FSRs approved by MSHA and NIOSH under 42 CFR part 84, except devices using vacuum containers as the only method of sealing, shall be tested at intervals not exceeding 90 days by weighing each device on a scale or balance accurate to within + 1 gram. A device that weighs more than 10 grams over its original weight shall be removed from service.
</P>
<P>(d) All SCSRs approved by MSHA and NIOSH under 42 CFR part 84 shall be tested in accordance with instructions approved by MSHA and NIOSH. Any device which does not meet the specified test requirements shall be removed from service.
</P>
<P>(e) At the completion of each test required by paragraphs (c) and (d) of this section the person making the tests shall certify by signature and date that the tests were done. This person shall make a record of all corrective action taken. Certifications and records shall be kept at the mine and made available on request to an authorized representative of the Secretary.
</P>
<P>(f) Self-rescue devices removed from service shall be repaired for return to service only by a person trained to perform such work and only in accordance with the manufacturer's instructions.
</P>
<CITA TYPE="N">[43 FR 54246, Nov. 21, 1978, as amended at 47 FR 14706, Apr. 6, 1982; 56 FR 1478, Jan. 14, 1991; 60 FR 30402, June 8, 1995; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1714-4" NODE="30:1.0.1.12.38.18.219.39" TYPE="SECTION">
<HEAD>§ 75.1714-4   Additional self-contained self-rescuers (SCSRs).</HEAD>
<P>(a) <I>Additional SCSRs in work places.</I> In addition to the requirements in §§ 75.1714, 75.1714-1, 75.1714-2, and 75.1714-3 of this part, the mine operator shall provide the following:
</P>
<P>(1) At least one additional SCSR, which provides protection for a period of one hour or longer, for each person at a fixed underground work location.
</P>
<P>(2) Additional SCSRs along the normal travel routes for pumpers, examiners, and other persons who do not have a fixed work location to be stored at a distance an average miner could walk in 30 minutes. The SCSR storage locations shall be determined by using one of the methods found under paragraph (c)(2) of this section.
</P>
<P>(b) <I>Additional SCSRs on mantrips.</I> If a mantrip or mobile equipment is used to enter or exit the mine, at least one additional SCSR, which provides protection for a period of one hour or longer, shall be available for each person who uses such transportation from portal to portal.
</P>
<P>(c) <I>Additional SCSRs in escapeways.</I> When each person underground cannot safely evacuate the mine within 30 minutes, the mine operator shall provide additional SCSRs stored in each required escapeway.
</P>
<P>(1) Each storage location shall contain at least one SCSR, which provides protection for a period of one hour or longer, for every person who will be inby that location.
</P>
<P>(2) Storage locations shall be spaced along each escapeway at 30-minute travel distances no greater than the distances determined by—
</P>
<P>(i) Calculating the distance an average miner walks in 30 minutes by using the time necessary for each miner in a sample of typical miners to walk a typical length of each escapeway; or
</P>
<P>(ii) Using the SCSR storage location spacing specified in the following table, except for escapeways with grades over 5 percent. 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Average entry height
</TH><TH class="gpotbl_colhed" scope="col">Maximum distance
<br/>between SCSR storage locations (in ft.)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&lt;40 in. (Crawl)</TD><TD align="right" class="gpotbl_cell">2,200
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;40-&lt;50 in. (Duck Walk)</TD><TD align="right" class="gpotbl_cell">3,300
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;50-&lt;65 in. (Walk Head Bent)</TD><TD align="right" class="gpotbl_cell">4,400
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">&gt;65 in. (Walk Erect)</TD><TD align="right" class="gpotbl_cell">5,700</TD></TR></TABLE></DIV></DIV>
<P>(d) <I>Additional SCSRs in hardened rooms.</I> As an alternative to providing SCSR storage locations in each escapeway, the mine operator may store SCSRs in a hardened room located between adjacent escapeways.
</P>
<P>(1) The hardened room shall be designed and constructed to the same explosion force criteria as seals.
</P>
<P>(2) The hardened room shall include a means to provide independent, positive pressure ventilation from the surface during an emergency.
</P>
<P>(3) The District Manager shall approve the design and construction of hardened rooms in the ventilation plan.
</P>
<P>(4) These SCSR storage locations shall be spaced in accordance with paragraph (c) of this section.
</P>
<P>(e) <I>Storage location accessibility.</I> All SCSRs required under this section shall be stored according to the manufacturers' instructions, in conspicuous locations readily accessible by each person in the mine.
</P>
<P>(f) <I>Storage location signs.</I> A sign made of reflective material with the words “SCSRs” or “SELF-RESCUERS” shall be conspicuously posted at each storage location. Direction signs made of a reflective material shall be posted leading to each storage location.
</P>
<CITA TYPE="N">[71 FR 71454, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.1714-5" NODE="30:1.0.1.12.38.18.219.40" TYPE="SECTION">
<HEAD>§ 75.1714-5   Map locations of self-contained self-rescuers (SCSR).</HEAD>
<P>The mine operator shall indicate the locations of all stored SCSRs on the mine maps required by §§ 75.1200 and 75.1505 of this part.
</P>
<CITA TYPE="N">[71 FR 71454, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.1714-6" NODE="30:1.0.1.12.38.18.219.41" TYPE="SECTION">
<HEAD>§ 75.1714-6   Emergency tethers.</HEAD>
<P>At least one tether, which is a durable rope or equivalent material designed to permit members of a mine crew to link together while evacuating the mine during an emergency, shall be provided and stored with the additional SCSRs on the fixed work location and on the mobile equipment required in §§ 75.1714-4(a)(1) and (b) of this part. 
</P>
<CITA TYPE="N">[71 FR 71454, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.1714-7" NODE="30:1.0.1.12.38.18.219.42" TYPE="SECTION">
<HEAD>§ 75.1714-7   Multi-gas detectors.</HEAD>
<P>(a) <I>Availability.</I> A mine operator shall provide an MSHA-approved, handheld, multi-gas detector that can measure methane, oxygen, and carbon monoxide to each group of underground miners and to each person who works alone, such as pumpers, examiners, and outby miners.
</P>
<P>(b) <I>Qualified person.</I> At least one person in each group of underground miners shall be a qualified person under § 75.150 of this part and each person who works alone shall be trained to use the multi-gas detector.
</P>
<P>(c) <I>Maintenance and calibration.</I> Multi-gas detectors shall be maintained and calibrated as specified in § 75.320 of this part. 
</P>
<CITA TYPE="N">[71 FR 71454, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.1714-8" NODE="30:1.0.1.12.38.18.219.43" TYPE="SECTION">
<HEAD>§ 75.1714-8   Reporting SCSR inventory and malfunctions; retention of SCSRs.</HEAD>
<P>(a) <I>SCSR inventory.</I> A mine operator shall submit to MSHA a complete inventory of all SCSRs at each mine. New mines shall submit the inventory within 3 months of beginning operation.
</P>
<P>(1) The inventory shall include—
</P>
<P>(i) Mine name, MSHA mine ID number, and mine location; and
</P>
<P>(ii) For each SCSR unit, the manufacturer, the model type, the date of manufacture, and the serial number.
</P>
<P>(2) In the event that a change in the inventory occurs, a mine operator shall report the change to MSHA within the quarter that the change occurs (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec).
</P>
<P>(b) <I>Reporting SCSR problems.</I> A mine operator shall report to MSHA any defect, performance problem, or malfunction with the use of an SCSR. The report shall include a detailed description of the problem and, for each SCSR involved, the information required by paragraph (a)(1) of this section.
</P>
<P>(c) <I>Retention of problem SCSRs.</I> The mine operator shall preserve and retain each SCSR reported under paragraph (b) of this section for 60 days after reporting the problem to MSHA.
</P>
<CITA TYPE="N">[71 FR 71454, Dec. 8, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.1715" NODE="30:1.0.1.12.38.18.219.44" TYPE="SECTION">
<HEAD>§ 75.1715   Identification check system.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Each operator of a coal mine shall establish a check-in and check-out system which will provide positive identification of every person underground, and will provide an accurate record of the persons in the mine kept on the surface in a place chosen to minimize the danger of destruction by fire or other hazard. Such record shall bear a number identical to an identification check that is securely fastened to the lamp belt worn by the person underground. The identification check shall be made of a rust resistant metal of not less than 16 gauge. 


</P>
</DIV8>


<DIV8 N="§ 75.1716" NODE="30:1.0.1.12.38.18.219.45" TYPE="SECTION">
<HEAD>§ 75.1716   Operations under water.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>Whenever an operator mines coal from a coal mine opened after March 30, 1970, or from any new working section of a mine opened prior to such date, in a manner that requires the construction, operation, and maintenance of tunnels under any river, stream, lake, or other body of water, that is, in the judgment of the Secretary, sufficiently large to constitute a hazard to miners, such operator shall obtain a permit from the Secretary which shall include such terms and conditions as he deems appropriate to protect the safety of miners working or passing through such tunnels from caveins and other hazards. Such permits shall require, in accordance with a plan to be approved by the Secretary, that a safety zone be established beneath and adjacent to such body of water. No plan shall be approved unless there is a minimum of cover to be determined by the Secretary, based on test holes drilled by the operator in a manner to be prescribed by the Secretary. No such permit shall be required in the case of any new working section of a mine which is located under any water resource reservoir being constructed by a Federal agency on December 30, 1969, the operator of which is required by such agency to operate in a manner that protects the safety of miners working in such section from cave-ins and other hazards.
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1716-1" NODE="30:1.0.1.12.38.18.219.46" TYPE="SECTION">
<HEAD>§ 75.1716-1   Operations under water; notification by operator.</HEAD>
<P>An operator planning to mine coal from coal mines opened after March 30, 1970, or from working sections in mines opened prior to such date, and in such manner that mining operations will be conducted, or tunnels constructed, under any river, stream, lake, or other body of water, shall give notice to the Coal Mine Safety District Manager in the district in which the mine is located prior to the commencement of such mining operations. 


</P>
</DIV8>


<DIV8 N="§ 75.1716-2" NODE="30:1.0.1.12.38.18.219.47" TYPE="SECTION">
<HEAD>§ 75.1716-2   Permit required.</HEAD>
<P>If in the judgment of the Coal Mine Safety District Manager the proposed mining operations referred to in § 75.1716-1 constitute a hazard to miners, he shall promptly so notify the operator that a permit is required. 


</P>
</DIV8>


<DIV8 N="§ 75.1716-3" NODE="30:1.0.1.12.38.18.219.48" TYPE="SECTION">
<HEAD>§ 75.1716-3   Applications for permits.</HEAD>
<P>An application for a permit required under this section shall be filed with the Coal Mine Safety District Manager and shall contain the following general information: 
</P>
<P>(a) Name and address of the company. 
</P>
<P>(b) Name and address of the mine. 
</P>
<P>(c) Projected mining and ground support plans. 
</P>
<P>(d) A mine map showing the locations of the river, stream, lake, or other body of water and its relation to the location of all working places. 
</P>
<P>(e) A profile map showing the type of strata and the distance in elevation between the coal bed and the river, stream, lake or other body of water involved. The type of strata shall be determined by core test drill holes as prescribed by the Coal Mine Safety District Manager. 


</P>
</DIV8>


<DIV8 N="§ 75.1716-4" NODE="30:1.0.1.12.38.18.219.49" TYPE="SECTION">
<HEAD>§ 75.1716-4   Issuance of permits.</HEAD>
<P>If the Coal Mine Safety District Manager determines that the proposed mining operations under water can be safely conducted, he shall issue a permit for the conduct of such operations under such conditions as he deems necessary to protect the safety of miners engaged in those operations. 


</P>
</DIV8>


<DIV8 N="§ 75.1717" NODE="30:1.0.1.12.38.18.219.50" TYPE="SECTION">
<HEAD>§ 75.1717   Exemptions.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>No notice under § 75.1716-1 and no permit under § 75.1716-2 shall be required in the case of any new working section of a mine which is located under any water resource reservoir being constructed by a Federal agency as of December 30, 1969, and where the operator is required by such agency to operate in a manner that adequately protects the safety of miners. 


</P>
</DIV8>


<DIV8 N="§ 75.1718" NODE="30:1.0.1.12.38.18.219.51" TYPE="SECTION">
<HEAD>§ 75.1718   Drinking water.</HEAD>
<HD1>[Statutory Provisions] 
</HD1>
<P>An adequate supply of potable water shall be provided for drinking purposes in the active workings of the mine, and such water shall be carried, stored, and otherwise protected in sanitary containers. 


</P>
</DIV8>


<DIV8 N="§ 75.1718-1" NODE="30:1.0.1.12.38.18.219.52" TYPE="SECTION">
<HEAD>§ 75.1718-1   Drinking water; quality.</HEAD>
<P>(a) Potable water provided in accordance with the provisions of § 75.1718 shall meet the applicable minimum health requirements for drinking water established by the State or community in which the mine is located. 
</P>
<P>(b) Where no state or local health requirements apply to drinking water or where no state or local minimum health requirements exist, drinking water provided in accordance with the provisions of § 75.1718 shall contain a minimum of 0.2 milligrams of free chlorine per liter of water. 


</P>
</DIV8>


<DIV8 N="§ 75.1719" NODE="30:1.0.1.12.38.18.219.53" TYPE="SECTION">
<HEAD>§ 75.1719   Illumination; purpose and scope of §§ 75.1719 through 75.1719-4; time for compliance.</HEAD>
<P>(a) Section 317(e) of the Act (30 U.S.C. 877(e)) directs and authorizes the Secretary to propose and promulgate standards under which all working places in a mine shall be illuminated by permissible lighting while persons are working in such places §§ 75.1719 through 75.1719-4 prescribe the requirements for illumination of working places in underground coal mines while persons are working in such places and while self-propelled mining equipment is operated in the working place.
</P>
<P>(b) Mine operators shall comply with §§ 75.1719 through 75.1719-4 not later than July 1, 1978.
</P>
<CITA TYPE="N">[41 FR 43534, Oct. 1, 1976, as amended at 43 FR 13564, Mar. 31, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 75.1719-1" NODE="30:1.0.1.12.38.18.219.54" TYPE="SECTION">
<HEAD>§ 75.1719-1   Illumination in working places.</HEAD>
<P>(a) Each operator of an underground coal mine shall provide each working place in the mine with lighting as prescribed in §§ 75.1719-1 and 75.1719-2 while self-propelled mining equipment is operated in the working place.
</P>
<P>(b) <I>Self-propelled mining equipment; definition.</I> For the purposes of §§ 75.1719 through 75.1719-4, “self-propelled mining equipment” means equipment which possesses the capability of moving itself or its associated components from one location to another by electric, hydraulic, pneumatic, or mechanical power supplied by a source located on the machine or transmitted to the machine by cables, ropes, or chains.
</P>
<P>(c) The lighting prescribed in this section shall be in addition to that provided by personal cap lamps.
</P>
<P>(d) The luminous intensity (surface brightness) of surfaces that are in a miner's normal field of vision of areas in working places that are required to be lighted shall be not less than 0.06 footlamberts when measured in accordance with § 75.1719-3.
</P>
<P>(e) When self-propelled mining equipment specified in paragraphs (e)(1) through (e)(6) of this section is operated in a working place, the areas within a miner's normal field of vision which shall be illuminated in the working place shall be as prescribed in paragraphs (e)(1) through (e)(6) of this section.
</P>
<P>(1) <I>Continuous miners and coal-loading equipment.</I> In working places in which continuous miners and coal-loading equipment are operated, the areas which shall be illuminated shall be as follows:
</P>
<P>(i) The face, and 
</P>
<P>(ii) The ribs, roof, floor, and exposed surface of mining equipment, which are between the face and the inby end of the shuttle car or other conveying equipment while in position to receive material.
</P>
<P>(2) <I>Self-loading haulage equipment used as a loading machine.</I> In working places in which self-loading haulage equipment is operated to load material, the areas which shall be illuminated shall be as follows: 
</P>
<P>(i) The face, and 
</P>
<P>(ii) The ribs, roof, floor, and exposed surfaces of mining equipment, which are between the face and a point 5 feet outby the machine.
</P>
<P>(3) <I>Cutting and drilling equipment.</I> In working places in which cutting or drilling equipment is operated, the areas which shall be illuminated shall be as follows:
</P>
<P>(i) The ribs, roof, floor, and exposed surfaces of mining equipment, which are between the face and a point 5 feet outby the machine.
</P>
<P>(4) <I>Shortwall and longwall mining equipment.</I> In working places in which shortwall or longwall mining equipment is operated, the areas which shall be illuminated shall be as follows: 
</P>
<P>(i) The area for the length of the self-advancing roof support system and which is between the gob-side of the travelway and the side of the block of coal from which coal is being extracted, and 
</P>
<P>(ii) The control station, and the head piece and tail piece of the face conveyor, and 
</P>
<P>(iii) The roof and floor for a distance of 5 feet horizontally from the control station, head piece and tail piece. 
</P>
<P>(5) <I>Roof bolting equipment.</I> In working places in which roof bolting equipment is operated, the areas which shall be illuminated shall be as follows:
</P>
<P>(i) <I>Where the distance from the floor, to the roof is 5 feet, or less:</I> the face, ribs, roof, floor, and exposed surfaces of mining equipment, which are within an area the perimeter of which is a distance of 5 feet from the machine, when measured parallel to the floor.
</P>
<P>(ii) <I>Where the distance from the floor to the roof is more than 5 feet:</I> the face, ribs, roof, floor, and exposed surfaces of mining equipment, which are within an area the perimeter of which from the front and sides of the machine is a distance equal to the distance from the floor to the roof and from the rear of the machine a distance of 5 feet, when measured parallel to the floor.
</P>
<P>(6) <I>Other self-propelled equipment.</I> Unless the entire working place is illuminated by stationary lighting equipment, in working places in which self-propelled equipment is operated, other than equipment specified in paragraphs (e)(1) through (e)(5) of this section, illumination shall be provided as follows:
</P>
<P>(i) Luminaires shall be installed on each machine operated in the working place which shall illuminate a face or rib coal surface which is within 10 feet of the front and the rear of the machine to a luminous intensity of not less than 0.06 footlamberts, and 
</P>
<P>(ii) The height and width of the area of the coal surface which shall be illuminated shall equal the height and width, respectively, of the machine on which the luminaires are installed, and 
</P>
<P>(iii) The luminaires in the direction of travel shall be operated at all times the equipment is being trammed in the working place.
</P>
<P>(f) The Administrator, Coal Mine Health and Safety, MSHA, may specify other areas in a working place to be illuminated for the protection of miners while self-propelled mining equipment is being operated in the working place. 
</P>
<P>(g) Surface brightness of floor, roof, coal and machine surfaces in the normal visual field of a miner shall not vary more than 50 percent between adjacent fields of similar surface reflectance, and the maximum surface brightness of such surface shall not exceed 120 footlamberts when measured in accordance with § 75.1719-3.
</P>
<CITA TYPE="N">[41 FR 43534, Oct. 1, 1976, as amended at 42 FR 18859, Apr. 11, 1977; 43 FR 43458, Sept. 26, 1978; 47 FR 28096, June 29, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1719-2" NODE="30:1.0.1.12.38.18.219.55" TYPE="SECTION">
<HEAD>§ 75.1719-2   Lighting fixtures; requirements.</HEAD>
<P>(a) Lighting fixtures shall be permissible. 
</P>
<P>(b) Lighting fixtures may be installed on self-propelled machines or may be stationary lighting fixtures.
</P>
<P>(c)(1) Electrically operated lighting fixtures shall be energized by direct current, or by sinusoidal full wave alternating current not less than 50 cycles per second (100 pulses per second), or by an equivalent power source that causes no greater flicker. 
</P>
<P>(2) Alternating current circuits supplying power to stationary lighting fixtures shall contain conductors energized at voltages not greater than 70 volts to ground. Alternating current circuits, energized at 100 volts or more and used to supply power to stationary lighting fixtures, shall originate at a transformer having a center or neutral tap grounded to earth through a proper resistor, which shall be designed to limit fault current to not more than 5 amperes. A grounding circuit in accordance with § 75.701-4 shall originate at the grounded terminal of the grounding resistor and extend along with the power conductors and serve as a grounding conductor for the frames of all equipment receiving power from the circuit. The ground fault current rating of grounding resistors shall meet the “extended time rating” set forth in the Institute of Electrical and Electronics Engineers, Inc. Standard No. 32 (IEEE Std. 32-1972) which is hereby incorporated by reference and made a part hereof. The incorporated publication is available for examination at each MSHA Coal Mine Safety and Health district office, and may be obtained from the Institute of Electrical and Electronics Engineers, Inc., Publications Office, 10662 Los Vaqueros Circle, P.O. Box 3014 Los Alamitos, CA 90720-1264 Telephone: 800-272-6657 (toll free); <I>http://www.ieee.org.</I>
</P>
<P>(3) Machine-mounted lighting fixtures shall be electrically grounded to the machine by a separate grounding conductor in compliance with § 75.701-4.
</P>
<P>(d) Direct current circuits in excess of a nominal voltage of 300 volts shall not be used to supply power to stationary light fixtures.
</P>
<P>(e) Cables conducting power to stationary lighting fixtures from both alternating and direct current power sources, other than intrinsically safe devices, shall be considered trailing cables, and shall meet the requirements of Subpart G of this part. In addition, such cables shall be protected against overloads and short circuits by a suitable circuit breaker or other device approved by the Secretary. Circuit breakers or other device approved by the Secretary protecting trailing cables receiving power from resistance grounded circuits shall be equipped with a ground trip arrangement which shall be designed to deenergize the circuit at not more than 50% of the available fault current.
</P>
<P>(f) Before shunts are removed from blasting caps, lighting fixtures and associated cables located in the same working place shall be deenergized. Furthermore, lighting fixtures shall be removed out of the line of blast and not less than 50 feet from the blasting operation unless otherwise protected against flying debris.
</P>
<P>(g) Lighting fixtures shall be designed and installed to minimize discomfort glare.
</P>
<CITA TYPE="N">[41 FR 43534, Oct. 1, 1976, as amended at 71 FR 16669, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 75.1719-3" NODE="30:1.0.1.12.38.18.219.56" TYPE="SECTION">
<HEAD>§ 75.1719-3   Methods of measurement; light measuring instruments.</HEAD>
<P>(a) Compliance with § 75.1719-1(d) shall be determined by MSHA by measuring luminous intensity (surface brightness).
</P>
<P>(b) In measuring luminous intensity the following procedures shall be used:
</P>
<P>(1) In areas of working places specified in §§ 75.1719.1(e)(1) through 75.1719-1(e)(3) luminous intensity measurements of the face, ribs, roof, floor, and exposed surfaces of mining equipment, shall be made with the machine idle and located in the approximate center of the working place with the cutting, loading, or drilling head toward the face and not more than 3 feet from the face. 
</P>
<P>(2) In areas of working places specified in § 75.1719-1(e)(4) luminous intensity measurements may be made at any time longwall or shortwall mining equipment is operated except that when measurements are made in the vicinity of shearers, plows, or continuous miners, the equipment shall be idle while measurements are being made. 
</P>
<P>(3) In areas of working places specified in § 75.1719-1(e)(5) luminous intensity measurements of the face, ribs, roof, floor, and exposed surfaces of mining equipment, shall be made with the machine idle and located in the approximate center of the working place with the drilling head toward the face and a distance from the face of 5 feet, or the distance from the floor to the roof, whichever is applicable. When the machine is located in the center of the working place and the surfaces of the ribs to be illuminated are not within the perimeter of the area determined in accordance with § 75.1719-1(e)(5), the machine shall be positioned the applicable distance from the face and each rib and luminous intensity measurements made for each rib, provided, however, that luminous intensity measurements may be made of the face, roof, floor, and exposed surfaces of mining equipment with the machine so located without locating the machine in the center of the working place. 
</P>
<P>(4) In areas of working places specified in § 75.1719-1(e)(6), luminous intensity measurements of a coal surface shall be made with the machine idle and located in the approximate center of the working place with the appropriate end toward the face and not less than 9 feet nor more than 10 feet from the face. 
</P>
<P>(5) The area of surfaces to be measured shall be divided into round or square fields having an area of not less than 3 nor more than 5 square feet as illustrated by the following figure: 
</P>
<img src="/graphics/ec22oc91.021.gif"/>
<P>(6) Measurements shall be taken with the photometer held approximately perpendicular to the surface being measured and a sufficient distance from the surface to allow the light sensing element in the instrument to receive reflected light from a field of not less than 3 nor more than 5 square feet. The luminous intensity of each such field shall be not less than 0.06 footlambert. 
</P>
<P>(7) In areas of working places where clearances are restricted to the extent that the photometer cannot be held a sufficient distance from the surface to allow the light sensing element in the instrument to receive reflected light from a field having an area of at least 3 square feet, luminous intensity shall be considered as the average of four uniformly spaced readings taken at the corners and within a square field having an area of approximately 4 square feet. In such instances, the area of each of the individual readings shall not exceed 100 square inches. The average of the four readings shall be not less than 0.06 footlambert. The method of measurement is illustrated by the following figure: 
</P>
<img src="/graphics/ec22oc91.022.gif"/>
<P>(8) Measurements shall not be made where shadows are cast by roof control posts, ventilation equipment, or other obstructions necessary to insure safe mining conditions. 
</P>
<P>(9) Where machine-mounted light fixtures are used on equipment, except self advancing roof support systems, measurements shall not be made of surfaces on or within 1 foot of a self-propelled machine. 
</P>
<P>(c) For the purpose of making illumination measurements, an authorized representative of the Secretary may require the installation of temporary roof supports or the removal of the equipment to a similar working place in which permanent roof supports have been installed. 
</P>
<P>(d) Light measuring instruments shall be properly calibrated and maintained. Instruments shall be calibrated against standards traceable to the National Institute of Standards and Technology (Formerly the National Bureau of Standards) and color corrected to the Commission Internationale de l'Eclairage (CIE) Spectral Luminous Curve. The CIE Spectral Luminous Curve is as follows: 
</P>
<img src="/graphics/ec22oc91.023.gif"/>
<CITA TYPE="N">[41 FR 43534, Oct. 1, 1976, as amended at 71 FR 16669, Apr. 3, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1719-4" NODE="30:1.0.1.12.38.18.219.57" TYPE="SECTION">
<HEAD>§ 75.1719-4   Mining machines, cap lamps; requirements.</HEAD>
<P>(a) Paint used on exterior surfaces of mining machines shall have a minimum reflectance of 30 percent, except cab interiors and other surfaces which might adversely affect visibility. 
</P>
<P>(b) When stationary light fixtures are used, red reflectors mounted in protective frames or reflecting tape shall be installed on each end of mining machines, except that continuous mining machines, loaders, and cutters need only have such reflectors or tape on the outby end. Reflectors or reflecting tape shall have an area of not less than 10 square inches. 
</P>
<P>(c) Each person who goes underground shall be required to wear an approved personal cap lamp or an equivalent portable light. 
</P>
<P>(d) Each person who goes underground shall be required to wear a hard hat or hard cap which shall have a minimum of 6 square inches of reflecting tape or equivalent paint or material on each side and back.
</P>
<CITA TYPE="N">[41 FR 43534, Oct. 1, 1976] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1720" NODE="30:1.0.1.12.38.18.219.58" TYPE="SECTION">
<HEAD>§ 75.1720   Protective clothing; requirements.</HEAD>
<P>On and after the effective date of this § 75.1720 each miner regularly employed in the active workings of an underground coal mine shall be required to wear the following protective clothing and devices: 
</P>
<P>(a) Protective clothing or equipment and face-shields or goggles when welding, cutting, or working with molten metal or when other hazards to the eyes exist from flying particles. 
</P>
<P>(b) Suitable protective clothing to cover those parts of the body exposed to injury when handling corrosive or toxic substances or other materials which might cause injury to the skin. 
</P>
<P>(c) Protective gloves when handling materials or performing work which might cause injury to the hands; however, gloves shall not be worn where they would create a greater hazard by becoming entangled in the moving parts of equipment. 
</P>
<P>(d) A suitable hard hat or hard cap. If a hard hat or hard cap is painted, nonmetallic based paint shall be used. 
</P>
<P>(e) Suitable protective footwear. 
</P>
<CITA TYPE="N">[36 FR 19497, Oct. 7, 1971, as amended at 39 FR 7175, Feb. 25, 1974] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1720-1" NODE="30:1.0.1.12.38.18.219.59" TYPE="SECTION">
<HEAD>§ 75.1720-1   Distinctively colored hard hats, or hard caps; identification for newly employed, inexperienced miners.</HEAD>
<P>Hard hats or hard caps distinctively different in color from those worn by experienced miners shall be worn by each newly employed, inexperienced miner for at least one year from the date of his initial employment as a miner or until he has been qualified or certified as a miner by the State in which he is employed. 
</P>
<CITA TYPE="N">[39 FR 7175, Feb. 25, 1974] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1721" NODE="30:1.0.1.12.38.18.219.60" TYPE="SECTION">
<HEAD>§ 75.1721   Opening of new underground coal mines, or reopening and reactivating of abandoned or deactivated coal mines, notification by the operator; requirements.</HEAD>
<P>(a) Each operator of a new underground coal mine, and a mine which has been abandoned or deactivated and is to be reopened or reactivated, shall prior to opening, reopening or reactivating the mine notify the Coal Mine Health and Safety District Manager for the district in which the mine is located of the approximate date of the proposed or actual opening of such mine. Thereafter, and as soon as practicable, the operator of such mine shall submit all preliminary plans in accordance with paragraphs (b) and (c) of this section to the District Manager and the operator shall not develop any part of the coalbed in such mine unless and until all preliminary plans have been approved.
</P>
<P>(b) The preliminary plans required to be submitted by the operator to the District Manager shall be in writing and shall contain the following:
</P>
<P>(1) The name and location of the proposed mine and the Mine Safety and Health Administration mine identification number, if known;
</P>
<P>(2) The name and address of the mine operator(s);
</P>
<P>(3) The name and address of the principal official designated by the operator as the person who is in charge of health and safety at the mine; 
</P>
<P>(4) The identification and approximate height of the coalbed to be developed; 
</P>
<P>(5) The system of mining to be employed; 
</P>
<P>(6) A proposed roof control plan containing the information specified in § 75.220. 
</P>
<P>(7) A proposed mine ventilation plan containing the information specified in §§ 75.371 and 75.372; 
</P>
<P>(8) A proposed plan for sealing worked-out areas containing the information specified in §§ 75.371 and 75.372. 
</P>
<P>(9) A proposed program for searching miners for smoking materials in accordance with the provisions of § 75.1702; and, 
</P>
<P>(10) A proposed plan for emergency medical assistance and emergency communication in accordance with the provisions of §§ 75.1713-1 and 75.1713-2. 
</P>
<P>(c) The preliminary plans required to be submitted by the operator to the District Manager shall be in writing and shall contain the following: 
</P>
<P>(1) The proposed training plan containing the information specified in §§ 48.3 and 48.23 of this chapter, and 
</P>
<P>(2) A proposed plan for training and retraining certified and qualified persons containing the information specified in § 75.160-1. 
</P>
<CITA TYPE="N">[44 FR 9380, Feb. 13, 1979, as amended at 47 FR 23641, May 28, 1982; 57 FR 20929, May 15, 1992] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1722" NODE="30:1.0.1.12.38.18.219.61" TYPE="SECTION">
<HEAD>§ 75.1722   Mechanical equipment guards.</HEAD>
<P>(a) Gears; sprockets; chains; drive, head, tail, and takeup pulleys; flywheels; couplings, shafts; sawblades; fan inlets; and similar exposed moving machine parts which may be contacted by persons, and which may cause injury to persons shall be guarded. 
</P>
<P>(b) Guards at conveyor-drive, conveyor-head, and conveyor-tail pulleys shall extend a distance sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and the pulley. 
</P>
<P>(c) Except when testing the machinery, guards shall be securely in place while machinery is being operated. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1723" NODE="30:1.0.1.12.38.18.219.62" TYPE="SECTION">
<HEAD>§ 75.1723   Stationary grinding machines; protective devices.</HEAD>
<P>(a) Stationary grinding machines other than special bit grinders shall be equipped with: 
</P>
<P>(1) Peripheral hoods (less than 90° throat openings) capable of withstanding the force of a bursting wheel. 
</P>
<P>(2) Adjustable tool rests set as close as practical to the wheel. 
</P>
<P>(3) Safety washers. 
</P>
<P>(b) Grinding wheels shall be operated within the specifications of the manufacturer of the wheel. 
</P>
<P>(c) Face shields or goggles, in good condition, shall be worn when operating a grinding wheel. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1724" NODE="30:1.0.1.12.38.18.219.63" TYPE="SECTION">
<HEAD>§ 75.1724   Hand-held power tools; safety devices.</HEAD>
<P>Hand-held power tools shall be equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with friction or other equivalent safety devices. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1725" NODE="30:1.0.1.12.38.18.219.64" TYPE="SECTION">
<HEAD>§ 75.1725   Machinery and equipment; operation and maintenance.</HEAD>
<P>(a) Mobile and stationary machinery and equipment shall be maintained in safe operating condition and machinery or equipment in unsafe condition shall be removed from service immediately. 
</P>
<P>(b) Machinery and equipment shall be operated only by persons authorized to operate such machinery or equipment. 
</P>
<P>(c) Repairs or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments. 
</P>
<P>(d) Machinery shall not be lubricated manually while in motion, unless equipped with extended fittings or cups. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1726" NODE="30:1.0.1.12.38.18.219.65" TYPE="SECTION">
<HEAD>§ 75.1726   Performing work from a raised position; safeguards.</HEAD>
<P>(a) Men shall not work on or from a piece of mobile equipment in a raised position until it has been blocked in place securely. This does not preclude the use of equipment specifically designed as elevated mobile work platforms. 
</P>
<P>(b) No work shall be performed under machinery or equipment that has been raised until such machinery or equipment has been securely blocked in position. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1727" NODE="30:1.0.1.12.38.18.219.66" TYPE="SECTION">
<HEAD>§ 75.1727   Drive belts.</HEAD>
<P>(a) Drive belts shall not be shifted while in motion unless the machines are provided with mechanical shifters. 
</P>
<P>(b) Belt dressing shall not be applied while belts are in motion except where it can be applied without endangering a person. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1728" NODE="30:1.0.1.12.38.18.219.67" TYPE="SECTION">
<HEAD>§ 75.1728   Power-driven pulleys.</HEAD>
<P>(a) Belts, chains, and ropes shall not be guided onto power-driven moving pulleys, sprockets, or drums with the hands except on slow-moving equipment especially designed for hand feeding. 
</P>
<P>(b) Pulleys of conveyors shall not be cleaned manually while the conveyor is in motion. 
</P>
<P>(c) Coal spilled beneath belt conveyor drives or tail pieces shall not be removed while the conveyor is in motion, except where such coal can be removed without endangering persons. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1729" NODE="30:1.0.1.12.38.18.219.68" TYPE="SECTION">
<HEAD>§ 75.1729   Welding operations.</HEAD>
<P>Welding operations shall be shielded and the area shall be well ventilated. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1730" NODE="30:1.0.1.12.38.18.219.69" TYPE="SECTION">
<HEAD>§ 75.1730   Compressed air; general; compressed air systems.</HEAD>
<P>(a) All pressure vessels shall be constructed, installed, and maintained in accordance with the standards and specifications of Section VIII “Unfired Pressure Vessels,” of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (1971), which is hereby incorporated by reference and made a part hereof. This document may be purchased from the American Society of Mechanical Engineers, 22 Law Drive, P.O. Box 2900, Fairfield, New Jersey 07007, Phone: 800-843-2763 (toll free); <I>http://www.asme.org</I>; and it is available for examination in every MSHA Coal Mine Safety and Health district office. 
</P>
<P>(b) Compressors and compressed-air receivers shall be equipped with automatic pressure-relief valves, pressure gages, and drain valves. 
</P>
<P>(c) Repairs involving the pressure system of compressors, receivers, or compressed-air-powered equipment shall not be attempted until the pressure has been relieved from that part of the system to be repaired. 
</P>
<P>(d) At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury. 
</P>
<P>(e) Safety chains, suitable locking devices, or automatic cut-off valves shall be used at connections to machines of high-pressure hose lines of three-fourths of an inch inside diameter or larger, and between high-pressure hose lines of three-fourths of an inch inside diameter or larger, where a connection failure would create a hazard. For purposes of this paragraph, high-pressure means pressure of 100 p.s.i. or more. 
</P>
<CITA TYPE="N">[38 FR 4976, Feb. 23, 1973, as amended at 71 FR 16669, Apr. 3, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 75.1731" NODE="30:1.0.1.12.38.18.219.70" TYPE="SECTION">
<HEAD>§ 75.1731   Maintenance of belt conveyors and belt conveyor entries.</HEAD>
<P>(a) Damaged rollers, or other damaged belt conveyor components, which pose a fire hazard must be immediately repaired or replaced. All other damaged rollers, or other damaged belt conveyor components, must be repaired or replaced.
</P>
<P>(b) Conveyor belts must be properly aligned to prevent the moving belt from rubbing against the structure or components.
</P>
<P>(c) Materials shall not be allowed in the belt conveyor entry where the material may contribute to a frictional heating hazard.
</P>
<P>(d) Splicing of any approved conveyor belt must maintain flame-resistant properties of the belt.
</P>
<CITA TYPE="N">[73 FR 80616, Dec. 31, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 75.1732" NODE="30:1.0.1.12.38.18.219.71" TYPE="SECTION">
<HEAD>§ 75.1732   Proximity detection systems.</HEAD>
<P>Operators must install proximity detection systems on certain mobile machines.
</P>
<P>(a) <I>Machines covered.</I> Operators must equip continuous mining machines, except full-face continuous mining machines, with proximity detection systems by the following dates. For proximity detection systems with miner-wearable components, the mine operator must provide a miner-wearable component to be worn by each miner on the working section by the following dates.
</P>
<P>(1) Continuous mining machines manufactured after March 16, 2015 must meet the requirements in this section no later than November 16, 2015. These machines must meet the requirements in this section when placed in service with a proximity detection system.
</P>
<P>(2) Continuous mining machines manufactured and equipped with a proximity detection system on or before March 16, 2015 must meet the requirements in this section no later than September 16, 2016.
</P>
<P>(3) Continuous mining machines manufactured and not equipped with a proximity detection system on or before March 16, 2015 must meet the requirements in this section no later than March 16, 2018. These machines must meet the requirements in this section when placed in service with a proximity detection system.
</P>
<P>(b) <I>Requirements for a proximity detection system.</I> A proximity detection system includes machine-mounted components and miner-wearable components. The system must:
</P>
<P>(1) Cause a machine, which is tramming from place-to-place or repositioning, to stop before contacting a miner except for a miner who is in the on-board operator's compartment;
</P>
<P>(2) Provide an audible and visual warning signal on the miner-wearable component and a visual warning signal on the machine that alert miners before the system causes a machine to stop. These warning signals must be distinguishable from other signals;
</P>
<P>(3) Provide a visual signal on the machine that indicates the machine-mounted components are functioning properly;
</P>
<P>(4) Prevent movement of the machine if any machine-mounted component of the system is not functioning properly. However, a system with any machine-mounted component that is not functioning properly may allow machine movement if it provides an audible or visual warning signal, distinguishable from other signals, during movement. Such movement is permitted only for purposes of relocating the machine from an unsafe location for repair;
</P>
<P>(5) Be installed to prevent interference that adversely affects performance of any electrical system; and
</P>
<P>(6) Be installed and maintained in proper operating condition by a person trained in the installation and maintenance of the system.
</P>
<P>(c) <I>Proximity detection system checks.</I> Operators must:
</P>
<P>(1) Designate a person who must perform a check of machine-mounted components of the proximity detection system to verify that components are intact, that the system is functioning properly, and take action to correct defects—
</P>
<P>(i) At the beginning of each shift when the machine is to be used; or
</P>
<P>(ii) Immediately prior to the time the machine is to be operated if not in use at the beginning of a shift; or
</P>
<P>(iii) Within 1 hour of a shift change if the shift change occurs without an interruption in production.
</P>
<P>(2) Check for proper operation of miner-wearable components at the beginning of each shift that the components are to be used and correct defects before the components are used.
</P>
<P>(d) <I>Certifications and records.</I> The operator must make and retain certifications and records as follows:
</P>
<P>(1) At the completion of the check of machine-mounted components required under paragraph (c)(1) of this section, a certified person under § 75.100 must certify by initials, date, and time that the check was conducted. Defects found as a result of the check, including corrective actions and dates of corrective actions, must be recorded before the end of the shift;
</P>
<P>(2) Make a record of the defects found as a result of the check of miner-wearable components required under paragraph (c)(2) of this section, including corrective actions and dates of corrective actions;
</P>
<P>(3) Make a record of the persons trained in the installation and maintenance of proximity detection systems required under paragraph (b)(6) of this section;
</P>
<P>(4) Maintain records in a secure book or electronically in a secure computer system not susceptible to alteration; and
</P>
<P>(5) Retain records for at least one year and make them available for inspection by authorized representatives of the Secretary and representatives of miners.
</P>
<CITA TYPE="N">[80 FR 2202, Jan. 15, 2015]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="S" NODE="30:1.0.1.12.38.19" TYPE="SUBPART">
<HEAD>Subpart S [Reserved]</HEAD>

</DIV6>


<DIV6 N="T" NODE="30:1.0.1.12.38.20" TYPE="SUBPART">
<HEAD>Subpart T—Diesel-Powered Equipment</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>61 FR 55527, Oct. 25, 1996, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 75.1900" NODE="30:1.0.1.12.38.20.219.1" TYPE="SECTION">
<HEAD>§ 75.1900   Definitions.</HEAD>
<P>The following definitions apply in this subpart. 
</P>
<P><I>Diesel fuel tank.</I> A closed metal vessel specifically designed for the storage or transport of diesel fuel. 
</P>
<P><I>Diesel fuel transportation unit.</I> A self-propelled or portable wheeled vehicle used to transport a diesel fuel tank. 
</P>
<P><I>Noncombustible material.</I> A material that will continue to serve its intended function for 1 hour when subjected to a fire test incorporating an ASTM E119-88 time/temperature heat input, or equivalent. The publication ASTM E119-88 “Standard Test Methods for Fire Tests of Building Construction and Materials” is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In addition, copies of the document may be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959; 610-832-9500; <I>http://www.astm.org.</I>
</P>
<P><I>Permanent underground diesel fuel storage facility.</I> A facility designed and constructed to remain at one location for the storage or dispensing of diesel fuel, which does not move as mining progresses. 
</P>
<P><I>Safety can.</I> A metal container intended for storage, transport or dispensing of diesel fuel, with a nominal capacity of 5 gallons, listed or approved by a nationally recognized independent testing laboratory. 
</P>
<P><I>Temporary underground diesel fuel storage area.</I> An area of the mine provided for the short-term storage of diesel fuel in a fuel transportation unit, which moves as mining progresses. 
</P>
<CITA TYPE="N">[35 FR 17890, Nov. 20, 1970, as amended at 67 FR 38386, June 4, 2002; 71 FR 16669, Apr. 3, 2006; 80 FR 52992, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 75.1901" NODE="30:1.0.1.12.38.20.219.2" TYPE="SECTION">
<HEAD>§ 75.1901   Diesel fuel requirements.</HEAD>
<P>(a) Diesel-powered equipment shall be used underground only with a diesel fuel having a sulfur content no greater than 0.05 percent and a flash point of 100 °F (38 °C) or greater. Upon request, the mine operator shall provide to an authorized representative of the Secretary evidence that the diesel fuel purchased for use in diesel-powered equipment underground meets these requirements. 
</P>
<P>(b) Flammable liquids shall not be added to diesel fuel used in diesel-powered equipment underground. 
</P>
<P>(c) Only diesel fuel additives that have been registered by the Environmental Protection Agency may be used in diesel-powered equipment underground. 


</P>
</DIV8>


<DIV8 N="§ 75.1902" NODE="30:1.0.1.12.38.20.219.3" TYPE="SECTION">
<HEAD>§ 75.1902   Underground diesel fuel storage—general requirements.</HEAD>
<P>(a) All diesel fuel must be stored in: 
</P>
<P>(1) Diesel fuel tanks in permanent underground diesel fuel storage facilities; 
</P>
<P>(2) Diesel fuel tanks on diesel fuel transportation units in permanent underground diesel fuel storage facilities or in temporary underground fuel storage areas; or 
</P>
<P>(3) Safety cans. 
</P>
<P>(b) The total capacity of stationary diesel fuel tanks in permanent underground diesel fuel storage facilities must not exceed 1000 gallons. 
</P>
<P>(c)(1) Only one temporary underground diesel fuel storage area is permitted for each working section or in each area of the mine where equipment is being installed or removed. 
</P>
<P>(2) The temporary underground diesel fuel storage area must be located—
</P>
<P>(i) Within 500 feet of the loading point; 
</P>
<P>(ii) Within 500 feet of the projected loading point where equipment is being installed; or 
</P>
<P>(iii) Within 500 feet of the last loading point where equipment is being removed. 
</P>
<P>(3) No more than one diesel fuel transportation unit at a time shall be parked in the temporary underground diesel fuel storage area. 
</P>
<P>(d) Permanent underground diesel fuel storage facilities and temporary underground diesel fuel storage areas must be—
</P>
<P>(1) At least 100 feet from shafts, slopes, shops, or explosives magazines; 
</P>
<P>(2) At least 25 feet from trolley wires or power cables, or electric equipment not necessary for the operation of the storage facilities or areas; and 
</P>
<P>(3) In a location that is protected from damage by other mobile equipment. 
</P>
<P>(e) Permanent underground diesel fuel storage facilities must not be located within the primary escapeway. 


</P>
</DIV8>


<DIV8 N="§ 75.1903" NODE="30:1.0.1.12.38.20.219.4" TYPE="SECTION">
<HEAD>§ 75.1903   Underground diesel fuel storage facilities and areas; construction and safety precautions.</HEAD>
<P>(a) Permanent underground diesel fuel storage facilities must be—
</P>
<P>(1) Constructed of noncombustible materials, including floors, roofs, roof supports, doors, and door frames. Exposed coal within fuel storage areas must be covered with noncombustible materials. If bulkheads are used they must be tightly sealed and must be built of or covered with noncombustible materials; 
</P>
<P>(2) Provided with either self-closing doors or a means for automatic enclosure; 
</P>
<P>(3) Provided with a means for personnel to enter and exit the facility after closure; 
</P>
<P>(4) Ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate working places, using ventilation controls meeting the requirements of § 75.333(e); 
</P>
<P>(5) Equipped with an automatic fire suppression system that meets the requirements of § 75.1912. Actuation of the automatic fire suppression system shall initiate the means for automatic enclosure; 
</P>
<P>(6) Provided with a means of containment capable of holding 150 percent of the maximum capacity of the fuel storage system; and 
</P>
<P>(7) Provided with a competent concrete floor or equivalent to prevent fuel spills from saturating the mine floor. 
</P>
<P>(b) Permanent underground diesel fuel storage facilities and temporary underground diesel fuel storage areas must be—
</P>
<P>(1) Equipped with at least 240 pounds of rock dust and provided with two portable multipurpose dry chemical type (ABC) fire extinguishers that are listed or approved by a nationally recognized independent testing laboratory and have a 10A:60B:C or higher rating. Both fire extinguishers must be easily accessible to personnel, and at least one fire extinguisher must be located outside of the storage facility or area upwind of the facility, in intake air; or 
</P>
<P>(2) Provided with three portable multipurpose dry chemical type (ABC) fire extinguishers that are listed or approved by a nationally recognized independent testing laboratory and have a 10A:60B:C or higher rating. All fire extinguishers must be easily accessible to personnel, and at least one fire extinguisher must be located outside of the storage facility or area upwind of the facility, in intake air. 
</P>
<P>(3) Identified with conspicuous markings designating diesel fuel storage; and 
</P>
<P>(4) Maintained to prevent the accumulation of water. 
</P>
<P>(c) Welding or cutting other than that performed in accordance with paragraph (d) of this section shall not be performed within 50 feet of a permanent underground diesel fuel storage facility or a temporary underground diesel fuel storage area. 
</P>
<P>(d) When it is necessary to weld, cut, or solder pipelines, tanks, or other containers that may have contained diesel fuel, these practices shall be followed: 
</P>
<P>(1) Cutting or welding shall not be performed on or within pipelines, tanks, or other containers that have contained diesel fuel until they have been thoroughly purged and cleaned or inerted and a vent or opening is provided to allow for sufficient release of any buildup pressure before heat is applied. 
</P>
<P>(2) Diesel fuel shall not be allowed to enter pipelines, tanks, or containers that have been welded, soldered, brazed, or cut until the metal has cooled to ambient temperature. 


</P>
</DIV8>


<DIV8 N="§ 75.1904" NODE="30:1.0.1.12.38.20.219.5" TYPE="SECTION">
<HEAD>§ 75.1904   Underground diesel fuel tanks and safety cans.</HEAD>
<P>(a) Diesel fuel tanks used underground shall—
</P>
<P>(1) Have steel walls of a minimum 
<FR>3/16</FR>-inch thickness, or walls made of other metal of a thickness that provides equivalent strength; 
</P>
<P>(2) Be protected from corrosion; 
</P>
<P>(3) Be of seamless construction or have liquid tight welded seams; 
</P>
<P>(4) Not leak; and 
</P>
<P>(5) For stationary tanks in permanent underground diesel fuel storage facilities, be placed on supports constructed of noncombustible material so that the tanks are at least 12 inches above the floor. 
</P>
<P>(b) Underground diesel fuel tanks must be provided with—
</P>
<P>(1) Devices for emergency venting designed to open at a pressure not to exceed 2.5 psi according to the following— 
</P>
<P>(i) Tanks with a capacity greater than 500 gallons must have an emergency venting device whose area is equivalent to a pipe with a nominal inside diameter of 5 inches or greater; and 
</P>
<P>(ii) Tanks with a capacity of 500 gallons or less must have an emergency venting device whose area is equivalent to a pipe with a nominal inside diameter of 4 inches or greater. 
</P>
<P>(2) Tethered or self-closing caps for stationary tanks in permanent underground diesel fuel storage facilities and self-closing caps for diesel fuel tanks on diesel fuel transportation units; 
</P>
<P>(3) Vents to permit the free discharge of liquid, at least as large as the fill or withdrawal connection, whichever is larger, but not less than 1
<FR>1/4</FR> inch nominal inside diameter; 
</P>
<P>(4) Liquid tight connections for all tank openings that are—
</P>
<P>(i) Identified by conspicuous markings that specify the function; and 
</P>
<P>(ii) Closed when not in use. 
</P>
<P>(5) Vent pipes that drain toward the tank without sagging and are higher than the fill pipe opening; 
</P>
<P>(6) Shutoff valves located as close as practicable to the tank shell on each connection through which liquid can normally flow; and 
</P>
<P>(7) An automatic closing, heat-actuated valve on each withdrawal connection below the liquid level. 
</P>
<P>(c) When tanks are provided with openings for manual gauging, liquid tight, tethered or self-closing caps or covers must be provided and must be kept closed when not open for gauging. 
</P>
<P>(d) Surfaces of the tank and its associated components must be protected against damage by collision. 
</P>
<P>(e) Before being placed in service, tanks and their associated components must be tested for leakage at a pressure equal to the working pressure, except tanks and components connected directly to piping systems, which must be properly designed for the application. 
</P>
<P>(f) Safety cans must be: 
</P>
<P>(1) Limited to a nominal capacity of 5 gallons or less; 
</P>
<P>(2) Equipped with a flexible or rigid tubular nozzle attached to a valved spout; 
</P>
<P>(3) Provided with a vent valve designed to open and close simultaneously and automatically with the opening and closing of the pouring valve; and 
</P>
<P>(4) Designed so that they will safely relieve internal pressure when exposed to fire. 


</P>
</DIV8>


<DIV8 N="§ 75.1905" NODE="30:1.0.1.12.38.20.219.6" TYPE="SECTION">
<HEAD>§ 75.1905   Dispensing of diesel fuel.</HEAD>
<P>(a) Diesel-powered equipment in underground coal mines may be refueled only from safety cans, from tanks on diesel fuel transportation units, or from stationary tanks. 
</P>
<P>(b) Fuel that is dispensed from other than safety cans must be dispensed by means of—
</P>
<P>(1) Gravity feed with a hose equipped with a nozzle with a self-closing valve and no latch-open device; 
</P>
<P>(2) A manual pump with a hose equipped with a nozzle containing a self-closing valve; or 
</P>
<P>(3) A powered pump with: 
</P>
<P>(i) An accessible emergency shutoff switch for each nozzle; 
</P>
<P>(ii) A hose equipped with a self-closing valve and no latch-open device; and 
</P>
<P>(iii) An anti-siphoning device. 
</P>
<P>(c) Diesel fuel must not be dispensed using compressed gas. 
</P>
<P>(d) Diesel fuel must not be dispensed to the fuel tank of diesel-powered equipment while the equipment engine is running. 
</P>
<P>(e) Powered pumps shall be shut off when fuel is not being dispensed. 


</P>
</DIV8>


<DIV8 N="§ 75.1905-1" NODE="30:1.0.1.12.38.20.219.7" TYPE="SECTION">
<HEAD>§ 75.1905-1   Diesel fuel piping systems.</HEAD>
<P>(a) Diesel fuel piping systems from the surface must be designed and operated as dry systems, unless an automatic shutdown is incorporated that prevents accidental loss or spillage of fuel and that activates an alarm system. 
</P>
<P>(b) All piping, valves and fittings must be—
</P>
<P>(1) Capable of withstanding working pressures and stresses; 
</P>
<P>(2) Capable of withstanding four times the static pressures; 
</P>
<P>(3) Compatible with diesel fuel; and 
</P>
<P>(4) Maintained in a manner that prevents leakage. 
</P>
<P>(c) Pipelines must have manual shutoff valves installed at the surface filling point, and at the underground discharge point. 
</P>
<P>(d) If diesel fuel lines are not buried in the ground sufficiently to protect them from damage, shutoff valves must be located every 300 feet. 
</P>
<P>(e) Shutoff valves must be installed at each branch line where the branch line joins the main line. 
</P>
<P>(f) An automatic means must be provided to prevent unintentional transfer of diesel fuel from the surface into the permanent underground diesel fuel storage facility. 
</P>
<P>(g) Diesel fuel piping systems from the surface shall only be used to transport diesel fuel directly to stationary tanks or diesel fuel transportation units in a permanent underground diesel fuel storage facility. 
</P>
<P>(h) The diesel fuel piping system must not be located in a borehole with electric power cables. 
</P>
<P>(i) Diesel fuel piping systems located in entries must not be located on the same side of the entry as electric cables or power lines. Where it is necessary for piping systems to cross electric cables or power lines, guarding must be provided to prevent severed electrical cables or power lines near broken fuel lines. 
</P>
<P>(j) Diesel fuel piping systems must be protected and located to prevent physical damage. 


</P>
</DIV8>


<DIV8 N="§ 75.1906" NODE="30:1.0.1.12.38.20.219.8" TYPE="SECTION">
<HEAD>§ 75.1906   Transport of diesel fuel.</HEAD>
<P>(a) Diesel fuel shall be transported only by diesel fuel transportation units or in safety cans. 
</P>
<P>(b) No more than one safety can shall be transported on a vehicle at any time. The can must be protected from damage during transport. All other safety cans must be stored in permanent underground diesel fuel storage facilities. 
</P>
<P>(c) Safety cans that leak must be promptly removed from the mine. 
</P>
<P>(d) Diesel fuel transportation unit tanks and safety cans must be conspicuously marked as containing diesel fuel. 
</P>
<P>(e) Diesel fuel transportation units must transport no more than 500 gallons of diesel fuel at a time. 
</P>
<P>(f) Tanks on diesel fuel transportation units must be permanently fixed to the unit and have a total capacity of no greater than 500 gallons of diesel fuel. 
</P>
<P>(g) Non-self-propelled diesel fuel transportation units with electrical components for dispensing fuel that are connected to a source of electrical power must be protected by a fire suppression device that meets the requirements of §§ 75.1107-3 through 75.1107-6, and §§ 75.1107-8 through 75.1107-16. 
</P>
<P>(h) Diesel fuel transportation units and vehicles transporting safety cans containing diesel fuel must have at least two multipurpose, dry chemical type (ABC) fire extinguishers, listed or approved by a nationally recognized independent testing laboratory and having a 10A:60B:C or higher rating, with one fire extinguisher provided on each side of the vehicle. 
</P>
<P>(i) Diesel fuel transportation units shall be parked only in permanent underground diesel fuel storage facilities or temporary underground diesel fuel storage areas when not in use. 
</P>
<P>(j) When the distance between a diesel fuel transportation unit and an energized trolley wire at any location is less than 12 inches, the requirements of § 75.1003-2 must be followed. 
</P>
<P>(k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. 
</P>
<P>(l) Diesel fuel shall be stored and handled in accordance with the requirements of §§ 75.1902 through 75.1906 of this part as of November 25, 1997. 
</P>
<CITA TYPE="N">[61 FR 55527, Oct. 25, 1996, as amended at 63 FR 12647, Mar. 16, 1998]


</CITA>
</DIV8>


<DIV8 N="§ 75.1907" NODE="30:1.0.1.12.38.20.219.9" TYPE="SECTION">
<HEAD>§ 75.1907   Diesel-powered equipment intended for use in underground coal mines.</HEAD>
<P>(a) As of November 25, 1996 all diesel-powered equipment used where permissible electrical equipment is required must be approved under part 36 of this chapter. 
</P>
<P>(b) Diesel-powered equipment approved under part 36 of this chapter must be provided with additional safety features in accordance with the following time schedule: 
</P>
<P>(1) As of April 25, 1997 the equipment must have a safety component system that limits surface temperatures to those specified in subpart F of part 7 of this title; 
</P>
<P>(2) As of November 25, 1999 the equipment must have an automatic or manual fire suppression system that meets the requirements of § 75.1911 of this part, and at least one portable multipurpose dry chemical type (ABC) fire extinguisher, listed or approved by a nationally recognized independent testing laboratory and having a 10A:60B:C or higher rating. The fire extinguisher must be located within easy reach of the equipment operator and be protected from damage by collision. 
</P>
<P>(3) As of November 25, 1999 the equipment must have a brake system that meets the requirements of § 75.1909 (b)(6), (b)(7), (b)(8), (c), (d), and (e); 
</P>
<P>(4) As of November 25, 1997 a particulate index and dilution air quantity shall be determined for the equipment in accordance with subpart E of part 7 of this chapter; and 
</P>
<P>(5) Permissible diesel-powered equipment manufactured on or after November 25, 1999 and that is used in an underground coal mine shall incorporate a power package approved in accordance with part 7, subpart F of this chapter. 
</P>
<P>(c) As of November 25, 1999 nonpermissible diesel-powered equipment, except the special category of equipment under § 75.1908(d), shall meet the requirements of §§ 75.1909 and 75.1910 of this part. 


</P>
</DIV8>


<DIV8 N="§ 75.1908" NODE="30:1.0.1.12.38.20.219.10" TYPE="SECTION">
<HEAD>§ 75.1908   Nonpermissible diesel-powered equipment; categories.</HEAD>
<P>(a) Heavy-duty diesel-powered equipment includes—
</P>
<P>(1) Equipment that cuts or moves rock or coal; 
</P>
<P>(2) Equipment that performs drilling or bolting functions; 
</P>
<P>(3) Equipment that moves longwall components; 
</P>
<P>(4) Self-propelled diesel fuel transportation units and self-propelled lube units; or 
</P>
<P>(5) Machines used to transport portable diesel fuel transportation units or portable lube units. 
</P>
<P>(b) Light-duty diesel-powered equipment is any diesel-powered equipment that does not meet the criteria of paragraph (a). 
</P>
<P>(c) For the purposes of this subpart, the following equipment is considered attended: 
</P>
<P>(1) Any machine or device operated by a miner; or 
</P>
<P>(2) Any machine or device that is mounted in the direct line of sight of a job site located within 500 feet of such machine or device, which job site is occupied by a miner. 
</P>
<P>(d) Diesel-powered ambulances and fire fighting equipment are a special category of equipment that may be used underground only in accordance with the mine fire fighting and evacuation plan under § 75.1502. 
</P>
<CITA TYPE="N">[61 FR 55527, Oct. 25, 1996; 70 FR 36347, June 23, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 75.1909" NODE="30:1.0.1.12.38.20.219.11" TYPE="SECTION">
<HEAD>§ 75.1909   Nonpermissible diesel-powered equipment; design and performance requirements.</HEAD>
<P>(a) Nonpermissible diesel-powered equipment, except for the special category of equipment under § 75.1908(d), must be equipped with the following features: 
</P>
<P>(1) An engine approved under subpart E of part 7 of this title equipped with an air filter sized in accordance with the engine manufacturer's recommendations, and an air filter service indicator set in accordance with the engine manufacturer's recommendations; 
</P>
<P>(2) At least one portable multipurpose dry chemical type (ABC) fire extinguisher listed or approved by a nationally recognized independent testing laboratory with a 10A:60B:C or higher rating. The fire extinguisher must be located within easy reach of the equipment operator and protected from damage; 
</P>
<P>(3) A fuel system specifically designed for diesel fuel meeting the following requirements: 
</P>
<P>(i) A fuel tank and fuel lines that do not leak; 
</P>
<P>(ii) A fuel tank that is substantially constructed and protected against damage by collision; 
</P>
<P>(iii) A vent opening that maintains atmospheric pressure in the fuel tank, and that is designed to prevent fuel from splashing out of the vent opening; 
</P>
<P>(iv) A self-closing filler cap on the fuel tank; 
</P>
<P>(v) The fuel tank, filler and vent must be located so that leaks or spillage during refueling will not contact hot surfaces; 
</P>
<P>(vi) Fuel line piping must be either steel-wire reinforced; synthetic elastomer-covered hose suitable for use with diesel fuel that has been tested and has been determined to be fire-resistant by the manufacturer; or metal; 
</P>
<P>(vii) Fuel line piping must be clamped; 
</P>
<P>(viii) Primary fuel lines must be located so that fuel line leaks do not contact hot surfaces; 
</P>
<P>(ix) The fuel lines must be separated from electrical wiring and protected from damage in ordinary use; 
</P>
<P>(x) A manual shutoff valve must be installed in the fuel system as close as practicable to the tank; and 
</P>
<P>(xi) A water separator and fuel filter(s) must be provided. 
</P>
<P>(4) A sensor to monitor the temperature and provide a visual warning of an overheated cylinder head on air-cooled engines; 
</P>
<P>(5) Guarding to protect fuel, hydraulic, and electric lines when such lines pass near rotating parts or in the event of shaft failure; 
</P>
<P>(6) Hydraulic tanks, fillers, vents, and lines located to prevent spillage or leaks from contacting hot surfaces; 
</P>
<P>(7) Reflectors or warning lights mounted on the equipment which can be readily seen in all directions; 
</P>
<P>(8) A means to direct exhaust gas away from the equipment operator, persons on board the machine, and combustible machine components; 
</P>
<P>(9) A means to prevent unintentional free and uncontrolled descent of personnel-elevating work platforms; and 
</P>
<P>(10) A means to prevent the spray from ruptured hydraulic or lubricating oil lines from being ignited by contact with engine exhaust system component surfaces. 
</P>
<P>(b) Self-propelled nonpermissible diesel-powered equipment must have the following features in addition to those in paragraph (a):
</P>
<P>(1) A means to ensure that no stored hydraulic energy that will cause machine articulation is available after the engine is shut down;
</P>
<P>(2) A neutral start feature which ensures that engine cranking torque will not be transmitted through the powertrain and cause machine movement on vehicles utilizing fluid power transmissions;
</P>
<P>(3) For machines with steering wheels, brake pedals, and accelerator pedals, controls which are of automobile orientation;
</P>
<P>(4) An audible warning device conveniently located near the equipment operator;
</P>
<P>(5) Lights provided and maintained on both ends of the equipment. Equipment normally operated in both directions must be equipped with headlights for both directions;
</P>
<P>(6) Service brakes that act on each wheel of the vehicle and that are designed such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in a complete loss of service braking capability;
</P>
<P>(7) Service brakes that safely bring the fully loaded vehicle to a complete stop on the maximum grade on which it is operated; and
</P>
<P>(8) No device that traps a column of fluid to hold the brake in the applied position shall be installed in any brake system, unless the trapped column of fluid is released when the equipment operator is no longer in contact with the brake activation device.
</P>
<P>(c) Self-propelled nonpermissible heavy-duty diesel-powered equipment under § 75.1908(a), except rail-mounted equipment, shall be provided with a supplemental braking system that:
</P>
<P>(1) Engages automatically within 5 seconds of the shutdown of the engine;
</P>
<P>(2) Safely brings the equipment when fully loaded to a complete stop on the maximum grade on which it is operated;
</P>
<P>(3) Holds the equipment stationary, despite any contraction of brake parts, exhaustion of any nonmechanical source of energy, or leakage;
</P>
<P>(4) Releases only by a manual control that does not operate any other equipment function;
</P>
<P>(5) Has a means in the equipment operator's compartment to apply the brakes manually without shutting down the engine, and a means to release and reengage the brakes without the engine operating; and
</P>
<P>(6) Has a means to ensure that the supplemental braking system is released before the equipment can be trammed, and is designed to ensure the brake is fully released at all times while the equipment is trammed.
</P>
<P>(d) Self-propelled nonpermissible light-duty diesel-powered equipment under § 75.1908(b), except rail-mounted equipment, must be provided with a parking brake that holds the fully loaded equipment stationary on the maximum grade on which it is operated despite any contraction of the brake parts, exhaustion of any nonmechanical source of energy, or leakage.
</P>
<P>(e) The supplemental and park brake systems required by paragraphs (c) and (d) must be applied when the equipment operator is not at the controls of the equipment, except during movement of disabled equipment.
</P>
<P>(f) Self-propelled personnel-elevating work platforms must be provided with a means to ensure that the parking braking system is released before the equipment can be trammed, and must be designed to ensure the brake is fully released at all times while the equipment is trammed.
</P>
<P>(g) Any nonpermissible equipment that discharges its exhaust directly into a return air course must be provided with a power package approved under subpart F of part 7 of this title.
</P>
<P>(h) Self-propelled nonpermissible heavy-duty diesel-powered equipment meeting the requirements of § 75.1908(a) must be provided with an automatic fire suppression system meeting the requirements of § 75.1911.
</P>
<P>(i) Self-propelled nonpermissible light-duty diesel-powered equipment meeting the requirements of § 75.1908(b) must be provided with an automatic or manual fire suppression system meeting the requirements of § 75.1911.
</P>
<P>(j) Nonpermissible equipment that is not self-propelled must have the following features in addition to those listed in paragraph (a):
</P>
<P>(1) A means to prevent inadvertent movement of the equipment when parked;
</P>
<P>(2) Safety chains or other suitable secondary connections on equipment that is being towed; and
</P>
<P>(3) An automatic fire suppression system meeting the requirements of § 75.1911. 
</P>
<CITA TYPE="N">[61 FR 55527, Oct. 25, 1996; 62 FR 34641, June 27, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 75.1910" NODE="30:1.0.1.12.38.20.219.12" TYPE="SECTION">
<HEAD>§ 75.1910   Nonpermissible diesel-powered equipment; electrical system design and performance requirements.</HEAD>
<P>Electrical circuits and components associated with or connected to electrical systems on nonpermissible diesel-powered equipment utilizing storage batteries and integral charging systems, except for the special category of equipment under § 75.1908(d), must conform to the following requirements:
</P>
<P>(a) Overload and short circuit protection must be provided for electric circuits and components in accordance with §§ 75.518 and 75.518-1 of this part;
</P>
<P>(b) Each electric conductor from the battery to the starting motor must be protected against short circuit by fuses or other circuit-interrupting devices placed as near as practicable to the battery terminals; 
</P>
<P>(c) Each branch circuit conductor connected to the main circuit between the battery and charging generator must be protected against short circuit by fuses or other automatic circuit-interrupting devices;
</P>
<P>(d) The electrical system shall be equipped with a circuit-interrupting device by means of which all power conductors can be deenergized. The device must be located as close as practicable to the battery terminals and be designed to operate within its electrical rating without damage. The device shall not automatically reset after being actuated. All magnetic circuit-interrupting devices must be mounted in a manner to preclude their closing by force of gravity;
</P>
<P>(e) Each motor and charging generator must be protected by an automatic overcurrent device. One protective device will be acceptable when two motors of the same rating operate simultaneously and perform virtually the same duty;
</P>
<P>(f) Each ungrounded conductor must have insulation compatible with the impressed voltage. Insulation materials must be resistant to deterioration from engine heat and oil. Electric conductors must meet the applicable requirements of §§ 75.513 and 75.513-1, except electric conductors for starting motors, which must only meet the requirements of § 75.513;
</P>
<P>(g) All wiring must have adequate mechanical protection to prevent damage to the cable that might result in short circuits;
</P>
<P>(h) Sharp edges and corners must be removed at all points where there is a possibility of damaging wires, cables, or conduits by cutting or abrasion. The insulation of the cables within a battery box must be protected against abrasion;
</P>
<P>(i) When insulated wires other than cables pass through metal frames, the holes must be substantially bushed with insulated bushings. Cables must enter metal frames of motors, splice boxes, and electric components only through proper fittings. All electrical connections and splices must be mechanically and electrically efficient, and suitable connectors shall be used. All electrical connectors or splices in insulated wire must be reinsulated at least to the same degree of protection as the remainder of the wire;
</P>
<P>(j) The battery must be secured to prevent movement, and must be protected from external damage by position. Batteries that are not protected from external damage by position must be enclosed in a battery box. Flame-resistant insulation treated to resist chemical reaction to electrolyte must be provided on battery connections to prevent battery terminals from contacting conducting surfaces;
</P>
<P>(k) A battery box, including the cover, must be constructed of steel with a minimum thickness of 
<FR>1/8</FR> inch, or of a material other than steel that provides equivalent strength;
</P>
<P>(l) Battery-box covers must be lined with a flame-resistant insulating material permanently attached to the underside of the cover, unless equivalent protection is provided. Battery-box covers must be provided with a means for securing them in closed position. At least 
<FR>1/2</FR> inch of air space must be provided between the underside of the cover and the top of the battery, including terminals;
</P>
<P>(m) Battery boxes must be provided with ventilation openings to prevent the accumulation of flammable or toxic gases or vapors within the battery box. The size and locations of openings for ventilation must prevent direct access to battery terminals;
</P>
<P>(n) The battery must be insulated from the battery-box walls and supported on insulating materials. Insulating materials that may be subject to chemical reaction with electrolyte must be treated to resist such action; and
</P>
<P>(o) Drainage holes must be provided in the bottom of each battery box. 


</P>
</DIV8>


<DIV8 N="§ 75.1911" NODE="30:1.0.1.12.38.20.219.13" TYPE="SECTION">
<HEAD>§ 75.1911   Fire suppression systems for diesel-powered equipment and fuel transportation units.</HEAD>
<P>(a) The fire suppression system required by §§ 75.1907 and 75.1909 shall be a multipurpose dry chemical type (ABC) fire suppression system listed or approved by a nationally recognized independent testing laboratory and appropriate for installation on diesel-powered equipment and fuel transportation units.
</P>
<P>(1) The system shall be installed in accordance with the manufacturer's specifications and the limitations of the listing or approval.
</P>
<P>(2) The system shall be installed in a protected location or guarded to minimize physical damage from routine vehicle operations.
</P>
<P>(3) Suppressant agent distribution tubing or piping shall be secured and protected against damage, including pinching, crimping, stretching, abrasion, and corrosion.
</P>
<P>(4) Discharge nozzles shall be positioned and aimed for maximum fire suppression effectiveness. Nozzles shall also be protected against the entrance of foreign materials such as mud, coal dust, or rock dust.
</P>
<P>(b) The fire suppression system shall provide fire suppression and, if automatic, fire detection for the engine including the starter, transmission, hydraulic pumps and tanks, fuel tanks, exposed brake units, air compressors and battery areas on diesel-powered equipment and electric panels or controls used on fuel transportation units and other areas as necessary.
</P>
<P>(c) If automatic, the fire suppression system shall include audible and visual alarms to warn of fires or system faults. 
</P>
<P>(d) The fire suppression system shall provide for automatic engine shutdown. If the fire suppression system is automatic, engine shutdown and discharge of suppressant agent may be delayed for a maximum of 15 seconds after the fire is detected by the system. 
</P>
<P>(e) The fire suppression system shall be operable by at least two manual actuators. One actuator shall be located on each side of the equipment. If the equipment is provided with an operator's compartment, one of the manual actuators shall be located in the compartment within reach of the operator. 
</P>
<P>(f) The fire suppression system shall remain operative in the event of engine shutdown, equipment electrical system failure, or failure of any other equipment system. 
</P>
<P>(g) The electrical components of each fire suppression system installed on equipment used where permissible electric equipment is required shall be permissible or intrinsically safe and such components shall be maintained in permissible or intrinsically safe condition. 
</P>
<P>(h) Electrically operated detection and actuation circuits shall be monitored and provided with status indicators showing power and circuit continuity. If the system is not electrically operated, a means shall be provided to indicate the functional readiness status of the detection system. 
</P>
<P>(i) Each fire suppression system shall be tested and maintained in accordance with the manufacturer's recommended inspection and maintenance program and as required by the nationally recognized independent testing laboratory listing or approval, and be visually inspected at least once each week by a person trained to make such inspections. 
</P>
<P>(j) <I>Recordkeeping.</I> Persons performing inspections and tests of fire suppression systems under paragraph (i) shall record when a fire suppression system does not meet the installation or maintenance requirements of this section. 
</P>
<P>(1) The record shall include the equipment on which the fire suppression system did not meet the installation or maintenance requirements of this section, the defect found, and the corrective action taken. 
</P>
<P>(2) Records are to be kept manually in a secure manner not susceptible to alteration or recorded electronically in a secured computer system that is not susceptible to alteration. 
</P>
<P>(3) Records shall be maintained at a surface location at the mine for one year and made available for inspection by an authorized representative of the Secretary and miners' representatives. 
</P>
<P>(k) All miners normally assigned to the active workings of the mine shall be instructed about the hazards inherent to the operation of the fire suppression systems and, where appropriate, the safeguards available for each system. 
</P>
<P>(l) For purposes of § 75.380(f), a fire suppression system installed on diesel-powered equipment and meeting the requirements of this section is equivalent to a fire suppression system meeting the requirements of §§ 75.1107-3 through 75.1107-16. 


</P>
</DIV8>


<DIV8 N="§ 75.1912" NODE="30:1.0.1.12.38.20.219.14" TYPE="SECTION">
<HEAD>§ 75.1912   Fire suppression systems for permanent underground diesel fuel storage facilities.</HEAD>
<P>(a) The fire suppression system required by § 75.1903 shall be an automatic multipurpose dry chemical type (ABC) fire suppression system listed or approved as an engineered dry chemical extinguishing system by a nationally recognized independent testing laboratory and appropriate for installation at a permanent underground diesel fuel storage facility. 
</P>
<P>(1) Alternate types of fire suppression systems shall be approved in accordance with § 75.1107-13 of this part. 
</P>
<P>(2) The system shall be installed in accordance with the manufacturer's specifications and the limitations of the listing or approval. 
</P>
<P>(3) The system shall be installed in a protected location or guarded to prevent physical damage from routine operations. 
</P>
<P>(4) Suppressant agent distribution tubing or piping shall be secured and protected against damage, including pinching, crimping, stretching, abrasion, and corrosion. 
</P>
<P>(5) Discharge nozzles shall be positioned and aimed for maximum fire suppression effectiveness in the protected areas. Nozzles must also be protected against the entrance of foreign materials such as mud, coal dust, and rock dust. 
</P>
<P>(b) The fire suppression system shall provide automatic fire detection and automatic fire suppression for all areas within the facility. 
</P>
<P>(c) Audible and visual alarms to warn of fire or system faults shall be provided at the protected area and at a surface location which is continually monitored by a person when personnel are underground. In the event of a fire, personnel shall be warned in accordance with the provisions set forth in § 75.1502. 
</P>
<P>(d) The fire suppression system shall deenergize all power to the diesel fuel storage facility when actuated except that required for automatic enclosure and alarms. 
</P>
<P>(e) Fire suppression systems shall include two manual actuators located as follows: 
</P>
<P>(1) At least one within the fuel storage facility; and 
</P>
<P>(2) At least one a safe distance away from the storage facility and located in intake air, upwind of the storage facility. 
</P>
<P>(f) The fire suppression system shall remain operational in the event of electrical system failure. 
</P>
<P>(g) Electrically operated detection and actuation circuits shall be monitored and provided with status indicators showing power and circuit continuity. If the system is not electrically operated, a means shall be provided to indicate the functional readiness status of the detection system. 
</P>
<P>(h) Each fire suppression system shall be tested and maintained in accordance with the manufacturer's recommended inspection and maintenance program and as required by the nationally recognized independent testing laboratory listing or approval, and be visually inspected at least once each week by a person trained to make such inspections. 
</P>
<P>(i) <I>Recordkeeping.</I> Persons performing inspections and tests of fire suppression systems under paragraph (h) shall record when a fire suppression system does not meet the installation or maintenance requirements of this section. 
</P>
<P>(1) The record shall include the facility whose fire suppression system did not meet the installation or maintenance requirements of this section, the defect found, and the corrective action taken. 
</P>
<P>(2) Records are to be kept manually in a secure manner not susceptible to alteration or recorded electronically in a secured computer system that is not susceptible to alteration. 
</P>
<P>(3) Records shall be maintained at a surface location at the mine for one year and made available for inspection by an authorized representative of the Secretary and miners' representatives. 
</P>
<P>(j) All miners normally assigned to the active workings of the mine shall be instructed about the hazards inherent to the operation of the fire suppression systems and, where appropriate, the safeguards available for each system. 
</P>
<CITA TYPE="N">[61 FR 55527, Oct. 25, 1996; 70 FR 36347, June 23, 2005]


</CITA>
</DIV8>


<DIV8 N="§ 75.1913" NODE="30:1.0.1.12.38.20.219.15" TYPE="SECTION">
<HEAD>§ 75.1913   Starting aids.</HEAD>
<P>(a) Volatile fuel starting aids shall be used in accordance with recommendations provided by the starting aid manufacturer, the engine manufacturer, and the machine manufacturer. 
</P>
<P>(b) Containers of volatile fuel starting aids shall be conspicuously marked to indicate the contents. When not in use, containers of volatile fuel starting aids shall be stored in metal enclosures that are used only for storage of starting aids. Such metal enclosures must be conspicuously marked, secured, and protected from damage. 
</P>
<P>(c) Volatile fuel starting aids shall not be: 
</P>
<P>(1) Taken into or used in areas where permissible equipment is required; 
</P>
<P>(2) Used in the presence of open flames or burning flame safety lamps, or when welding or cutting is taking place; or 
</P>
<P>(3) Used in any area where 1.0 percent or greater concentration of methane is present. 
</P>
<P>(d) Compressed oxygen or compressed flammable gases shall not be connected to diesel air-start systems. 


</P>
</DIV8>


<DIV8 N="§ 75.1914" NODE="30:1.0.1.12.38.20.219.16" TYPE="SECTION">
<HEAD>§ 75.1914   Maintenance of diesel-powered equipment.</HEAD>
<P>(a) Diesel-powered equipment shall be maintained in approved and safe condition or removed from service. 
</P>
<P>(b) Maintenance and repairs of approved features and those features required by §§ 75.1909 and 75.1910 on diesel-powered equipment shall be made only by a person qualified under § 75.1915. 
</P>
<P>(c) The water scrubber system on diesel-powered equipment shall be drained and flushed, by a person who is trained to perform this task, at least once on each shift in which the equipment is operated. 
</P>
<P>(d) The intake air filter on diesel-powered equipment shall be replaced or serviced, by a person who is trained to perform this task, when the intake air pressure drop device so indicates or when the engine manufacturer's maximum allowable air pressure drop level is exceeded. 
</P>
<P>(e) Mobile diesel-powered equipment that is to be used during a shift shall be visually examined by the equipment operator before being placed in operation. Equipment defects affecting safety shall be reported promptly to the mine operator. 
</P>
<P>(f) All diesel-powered equipment shall be examined and tested weekly by a person qualified under § 75.1915. 
</P>
<P>(1) Examinations and tests shall be conducted in accordance with approved checklists and manufacturers' maintenance manuals. 
</P>
<P>(2) Persons performing weekly examinations and tests of diesel-powered equipment under this paragraph shall make a record when the equipment is not in approved or safe condition. The record shall include the equipment that is not in approved or safe condition, the defect found, and the corrective action taken. 
</P>
<P>(g) Undiluted exhaust emissions of diesel engines in diesel-powered equipment approved under part 36 and heavy-duty nonpermissible diesel-powered equipment as defined in § 75.1908(a) in use in underground coal mines shall be tested and evaluated weekly by a person who is trained to perform this task. The mine operator shall develop and implement written standard operating procedures for such testing and evaluation that specify the following: 
</P>
<P>(1) The method of achieving a repeatable loaded engine operating condition for each type of equipment; 
</P>
<P>(2) Sampling and analytical methods (including calibration of instrumentation) that are capable of accurately detecting carbon monoxide in the expected concentrations; 
</P>
<P>(3) The method of evaluation and interpretation of the results; 
</P>
<P>(4) The concentration or changes in concentration of carbon monoxide that will indicate a change in engine performance. Carbon monoxide concentration shall not exceed 2500 parts per million; and 
</P>
<P>(5) The maintenance of records necessary to track engine performance. 
</P>
<P>(h) <I>Recordkeeping.</I> Records required by paragraphs (f)(2) and (g)(5) shall be—
</P>
<P>(1) Recorded in a secure book that is not susceptible to alteration, or recorded electronically in a computer system that is secure and not susceptible to alteration; and 
</P>
<P>(2) Retained at a surface location at the mine for at least 1 year and made available for inspection by an authorized representative of the Secretary and by miners' representatives. 
</P>
<P>(i) Diesel-powered equipment must be maintained in accordance with this part as of November 25, 1997. 


</P>
</DIV8>


<DIV8 N="§ 75.1915" NODE="30:1.0.1.12.38.20.219.17" TYPE="SECTION">
<HEAD>§ 75.1915   Training and qualification of persons working on diesel-powered equipment.</HEAD>
<P>(a) To be qualified to perform maintenance, repairs, examinations and tests on diesel-powered equipment, as required by § 75.1914, a person must successfully complete a training and qualification program that meets the requirements of this section. A person qualified to perform these tasks shall be retrained as necessary to maintain the ability to perform all assigned diesel-powered equipment maintenance, repairs, examinations and tests. 
</P>
<P>(b) A training and qualification program under this section must: 
</P>
<P>(1) Be presented by a competent instructor; 
</P>
<P>(2) Be sufficient to prepare or update a person's ability to perform all assigned tasks with respect to diesel-powered equipment maintenance, repairs, examinations and tests; 
</P>
<P>(3) Address, at a minimum, the following: 
</P>
<P>(i) The requirements of subpart T of this part; 
</P>
<P>(ii) Use of appropriate power package or machine checklists to conduct tests to ensure that diesel-powered equipment is in approved and safe condition, with acceptable emission levels; 
</P>
<P>(iii) Proper maintenance of approved features and the correct use of the appropriate maintenance manuals, including machine adjustments, service, and assembly; 
</P>
<P>(iv) Diesel-powered equipment fire suppression system tests and maintenance; 
</P>
<P>(v) Fire and ignition sources and their control or elimination, including cleaning of the equipment; 
</P>
<P>(vi) Safe fueling procedures and maintenance of the fuel system of the equipment; and 
</P>
<P>(vii) Intake air system maintenance and tests. 
</P>
<P>(4) Include an examination that requires demonstration of the ability to perform all assigned tasks with respect to diesel-powered equipment maintenance, repairs, examinations and tests; and 
</P>
<P>(5) Be in writing. The written program shall include a description of the course content, materials, and teaching methods for initial training and retraining. 
</P>
<P>(c) <I>Recordkeeping.</I> The operator shall maintain a copy of the training and qualification program required by this section and a record of the names of all persons qualified under the program. 
</P>
<P>(1) The record of the names of qualified persons shall be made in a manner that is not susceptible to alteration, or recorded electronically in a computer system that is secure and not susceptible to alteration. 
</P>
<P>(2) The training and qualification program and record of qualified persons are to be kept at surface location of the mine and made available for inspection by an authorized representative of the Secretary and by miners' representatives. 


</P>
</DIV8>


<DIV8 N="§ 75.1916" NODE="30:1.0.1.12.38.20.219.18" TYPE="SECTION">
<HEAD>§ 75.1916   Operation of diesel-powered equipment.</HEAD>
<P>(a) Diesel-powered equipment shall be operated at a speed that is consistent with the type of equipment being operated, roadway conditions, grades, clearances, visibility, and other traffic. 
</P>
<P>(b) Operators of mobile diesel-powered equipment shall maintain full control of the equipment while it is in motion. 
</P>
<P>(c) Standardized traffic rules, including speed limits, signals and warning signs, shall be established at each mine and followed. 
</P>
<P>(d) Except as required in normal mining operations, mobile diesel-powered equipment shall not be idled. 
</P>
<P>(e) Diesel-powered equipment shall not be operated unattended.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="77" NODE="30:1.0.1.12.39" TYPE="PART">
<HEAD>PART 77—MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>36 FR 9364, May 22, 1971, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.12.39.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 77.1" NODE="30:1.0.1.12.39.1.220.1" TYPE="SECTION">
<HEAD>§ 77.1   Scope.</HEAD>
<P>This part 77 sets forth mandatory safety standards for bituminous, anthracite, and lignite surface coal mines, including open pit and auger mines, and to the surface work areas of underground coal mines, pursuant to section 101(i) of the Federal Mine Safety and Health Act of 1977.
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 77.2" NODE="30:1.0.1.12.39.1.220.2" TYPE="SECTION">
<HEAD>§ 77.2   Definitions.</HEAD>
<P>For the purpose of this part 77, the term: 
</P>
<P>(a) <I>Active workings</I> means any place in a coal mine where miners are normally required to work or travel; 
</P>
<P>(b) <I>American Table of Distances</I> means the current edition of “The American Table of Distances for Storage of Explosives” published by the Institute of Makers of Explosives; 
</P>
<P>(c) <I>Barricaded</I> means to obstruct passage of persons, vehicles, or flying materials; 
</P>
<P>(d) <I>Berm</I> means a pile or mound of material capable of restraining a vehicle; 
</P>
<P>(e) <I>Blasting agent</I> means any material consisting of a mixture of a fuel and oxidizer which—
</P>
<P>(1) Is used or intended for use in blasting; 
</P>
<P>(2) Is not classed as an explosive by the Department of Transportation; 
</P>
<P>(3) Contains no ingredient classed as an explosive by the Department of Transportation; and, 
</P>
<P>(4) Cannot be detonated by a No. 8 blasting cap when tested as recommended in Bureau of Mines Information Circular 8179. 
</P>
<P>(f) <I>Blasting area</I> means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury. 
</P>
<P>(g) <I>Blasting cap</I> means a detonator containing a charge of detonating compound, which is ignited by electric current, or the spark of a fuse. Used for detonating explosives. 
</P>
<P>(h) <I>Blasting circuit</I> means electric circuits used to fire electric detonators or to ignite an igniter cord by means of an electric starter. 
</P>
<P>(i) <I>Blasting switch</I> means a switch used to connect a power source to a blasting circuit. 
</P>
<P>(j) <I>Box-type magazine</I> means a small, portable magazine used to store limited quantities of explosives or detonators for short periods of time in locations at the mine which are convenient to the blasting sites at which they will be used. 
</P>
<P>(k) <I>Capped fuse</I> means a length of safety fuse to which a detonator has been attached. 
</P>
<P>(l) <I>Capped primer</I> means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator. 
</P>
<P>(m) <I>Certified</I> or <I>registered,</I> as applied to any person means a person certified or registered by the State in which the coal mine is located to perform duties prescribed by this Part 77, except that, in a State where no program of certification or registration is provided or where the program does not meet at least minimum Federal standards established by the Secretary, such certification or registration shall be by the Secretary. 
</P>
<P>(n) <I>Detonating cord</I> or <I>detonating fuse</I> means a flexible cord containing a core of high explosive. 
</P>
<P>(o) <I>Detonator</I> means a device containing a small detonating charge that is used for detonating an explosive, including, but not limited to blasting caps, exploders, electric detonators, and delay electric blasting caps. 
</P>
<P>(p) <I>Electrical grounding</I> means to connect with the ground to make the earth part of the circuit. 
</P>
<P>(q) <I>Explosive</I> means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. Explosives include, but are not limited to black powder, dynamite, nitroglycerin, fulminate, ammonium nitrate when mixed with a hydrocarbon, and other blasting agents. 
</P>
<P>(r) <I>Flash point</I> means the minimum temperature at which sufficient vapor is released by a liquid or solid to form a flammable vapor-air mixture at atmospheric pressure. 
</P>
<P>(s) <I>Low voltage</I> means up to and including 660 volts, <I>medium voltage</I> means voltages from 661 to 1,000 volts, and <I>high voltage</I> means more than 1,000 volts. 
</P>
<P>(t) <I>Misfire</I> means the complete or partial failure of a blasting charge to explode as planned. 
</P>
<P>(u) <I>Primer</I> or <I>Booster</I> means a package or cartridge of explosive which is designed specifically to transmit detonation to other explosives and which does not contain a detonator. 
</P>
<P>(v) <I>Qualified person</I> means, as the context requires, (1) An individual deemed qualified by the Secretary and designated by the operator to make tests and examinations required by this Part 77; and, 
</P>
<P>(2) An individual deemed, in accordance with the minimum requirements to be established by the Secretary, qualified by training, education, and experience, to perform electrical work, to maintain electrical equipment, and to conduct examinations and make tests of all electrical equipment. 
</P>
<P>(w) <I>Roll protection</I> means a framework, safety canopy, or similar protection for the operator when equipment overturns. 
</P>
<P>(x) <I>Safety can</I> means an approved container, of not over 5 gallons capacity, having a spring-closing lid and spout cover. 
</P>
<P>(y) <I>Safety fuse</I> means a train of powder enclosed in cotton, jute yarn, and waterproofing compounds, which burns at a uniform rate; used for firing a cap containing the detonating compound which in turn sets off the explosive charge. 
</P>
<P>(z) <I>Safety switch</I> means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area. 
</P>
<P>(aa) <I>Secretary</I> means the Secretary of Labor or his delegate. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.12.39.2" TYPE="SUBPART">
<HEAD>Subpart B—Qualified and Certified Persons</HEAD>


<DIV8 N="§ 77.100" NODE="30:1.0.1.12.39.2.220.1" TYPE="SECTION">
<HEAD>§ 77.100   Certified person.</HEAD>
<P>(a)(1) The provisions of this Part 77 require that certain examinations and tests be made by a certified person. A certified person within the meaning of these provisions is a person who has been certified in accordance with the provisions of paragraph (b) of this § 77.100 to perform the duties, and make the examinations and tests which are required by this Part 77 to be performed by a certified person. 
</P>
<P>(2) A person who has been so certified shall also be considered to be a qualified person within the meaning of those provisions of this Part 77 which require that certain examinations, tests and duties be performed by a qualified person, except those provisions in Subparts F, G, H, I, and J of this part relating to performance of electrical work. 
</P>
<P>(b) Pending issuance of Federal standards, a person will be considered, to the extent of the certification, a certified person to make examinations, tests and perform duties which are required by this Part 77 to be performed by a certified person: 
</P>
<P>(1) If he has been certified for such purpose by the State in which the coal mine is located; or 
</P>
<P>(2) If this person has been certified for such purpose by the Secretary. A person's initial certification is valid for as long as the person continues to satisfy the requirements necessary to obtain the certification and is employed at the same coal mine or by the same independent contractor. The mine operator or independent contractor shall make an application which satisfactorily shows that each such person has had at least 2 years experience at a coal mine or equivalent experience, and that each such person demonstrates to the satisfaction of an authorized representative of the Secretary that such person is able and competent to test for oxygen deficiency with a permissible flame safety lamp, or any other device approved by the Secretary and to test for methane with a portable methane detector approved by the Bureau of Mines, MESA, or MSHA, under Part 22 of this Chapter (Bureau of Mines Schedule 8C), and to perform such other duties for which application for certification is made. Applications for certification by the Secretary should be submitted in writing to the Mine Safety and Health Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, Colorado 80225.
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 77.101" NODE="30:1.0.1.12.39.2.220.2" TYPE="SECTION">
<HEAD>§ 77.101   Tests for methane and for oxygen deficiency; qualified person.</HEAD>
<P>(a) The provisions of Subparts C, P, R, and T of this Part 77 require that tests for methane and for oxygen deficiency be made by a qualified person. A person is a qualified person for these purposes if he is a certified person for such purposes under § 77.100. 
</P>
<P>(b) Pending issuance of Federal standards, a person will be considered a qualified person for testing for methane and oxygen deficiency: 
</P>
<P>(1) If he has been qualified for this purpose by the State in which the coal mine is located; or 
</P>
<P>(2) If he has been qualified by the Secretary for these purposes upon a satisfactory showing by the operator of the coal mine that each such person has been trained and designated by the operator to test for methane and oxygen deficiency. Applications for Secretarial qualification should be submitted in writing to the Mine Safety and Health Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 77.102" NODE="30:1.0.1.12.39.2.220.3" TYPE="SECTION">
<HEAD>§ 77.102   Tests for methane; oxygen deficiency; qualified person, additional requirement.</HEAD>
<P>Notwithstanding the provisions of § 77.101, on and after December 30, 1971, no person shall be a qualified person for testing for methane and oxygen deficiency unless he has demonstrated to the satisfaction of an authorized representative of the Secretary that he is able and competent to make such tests and the Mine Safety and Health Administration has issued him a current card which qualifies him to make such tests. 


</P>
</DIV8>


<DIV8 N="§ 77.103" NODE="30:1.0.1.12.39.2.220.4" TYPE="SECTION">
<HEAD>§ 77.103   Electrical work; qualified person.</HEAD>
<P>(a) Except as provided in paragraph (f) of this section, an individual is a qualified person within the meaning of Subparts F, G, H, I, and J of this Part 77 to perform electrical work (other than work on energized surface high-voltage lines) if: 
</P>
<P>(1) He has been qualified as a coal mine electrician by a State that has a coal mine electrical qualification program approved by the Secretary; or, 
</P>
<P>(2) He has at least 1 year of experience in performing electrical work underground in a coal mine, in the surface work areas of an underground coal mine, in a surface coal mine, in a noncoal mine, in the mine equipment manufacturing industry, or in any other industry using or manufacturing similar equipment, and has satisfactorily completed a coal mine electrical training program approved by the Secretary; or, 
</P>
<P>(3) He has at least 1 year of experience, prior to the date of the application required by paragraph (c) of this section, in performing electrical work underground in a coal mine, in the surface work areas of an underground coal mine, in a surface coal mine, in a noncoal mine, in the mine equipment manufacturing industry, or in any other industry using or manufacturing similar equipment, and he attains a satisfactory grade on each of the series of five written tests approved by the Secretary as prescribed in paragraph (b) of this section. 
</P>
<P>(b) The series of five written tests approved by the Secretary shall include the following categories: 
</P>
<P>(1) Direct current theory and application; 
</P>
<P>(2) Alternating current theory and application; 
</P>
<P>(3) Electric equipment and circuits; 
</P>
<P>(4) Permissibility of electric equipment; and, 
</P>
<P>(5) Requirements of Subparts F through J and S of this Part 77. 
</P>
<P>(c) In order to take the series of five written tests approved by the Secretary, an individual shall apply to the District Manager and shall certify that he meets the requirements of paragraph (a)(3) of this section. The tests will be administered in the Coal Mine Safety and Health Districts at regular intervals, or as demand requires. 
</P>
<P>(d) A score of at least 80 percent on each of the five written tests will be deemed to be a satisfactory grade. Recognition shall be given to practical experience in that 1 percentage point shall be added to an individual's score in each test for each additional year of experience beyond the 1 year requirement specified in paragraph (a)(3) of this section; however, in no case shall an individual be given more than 5 percentage points for such practical experience. 
</P>
<P>(e) An individual may, within 30 days from the date on which he received notification from the Administration of his test scores, repeat those on which he received an unsatisfactory score. If further retesting is necessary after his initial repetition, a minimum of 30 days from the date of receipt of notification of the initial retest scores shall elapse prior to such further retesting. 
</P>
<P>(f) An individual who has, prior to November 1, 1972, been qualified to perform electrical work specified in Subparts F, G, H, I, and J of this Part 77 (other than work on energized surface high-voltage lines) shall continue to be qualified until June 30, 1973. To remain qualified after June 30, 1973, such individual shall meet the requirements of either paragraph (a) (1), (2), or (3) of this section. 
</P>
<P>(g) An individual qualified in accordance with this section shall, in order to retain qualification, certify annually to the District Manager, that he has satisfactorily completed a coal mine electrical retraining program approved by the Secretary. 
</P>
<SECAUTH TYPE="N">01(a), Federal Coal Mine Health and Safety Act of 1969; 30 U.S.C. 811(a); 83 Stat. 745) 
</SECAUTH>
<CITA TYPE="N">[37 FR 22377, Oct. 19, 1972; 37 FR 28163, Dec. 21, 1972, as amended at 44 FR 9380, Feb. 13, 1979; 47 FR 23641, May 28, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 77.104" NODE="30:1.0.1.12.39.2.220.5" TYPE="SECTION">
<HEAD>§ 77.104   Repair of energized surface high-voltage lines; qualified person.</HEAD>
<P>An individual is a qualified person within the meaning of § 77.704 of this part for the purpose of repairing energized surface high-voltage lines only if he has had at least 2 years experience in electrical maintenance, and at least 2 years experience in the repair of energized high-voltage lines located on poles or structures. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 77.105" NODE="30:1.0.1.12.39.2.220.6" TYPE="SECTION">
<HEAD>§ 77.105   Qualified hoistman; slope or shaft sinking operation; qualifications.</HEAD>
<P>(a)(1) A person is a qualified hoistman within the provisions of Subpart T of this part, for the purpose of operating a hoist at a slope or shaft sinking operation if he has at least 1 year experience operating a hoist plant or maintaining hoist equipment and is qualified by any State as a hoistman or its equivalency, or 
</P>
<P>(2) If a State has no program for qualifying persons as hoistmen, the Secretary may qualify persons if the operator of the slope or shaft-sinking operation makes an application and a satisfactory showing that the person has had 1 year of experience operating hoists. A person's qualification is valid for as long as the person continues to satisfy the requirements for qualification and is employed at the same coal mine or by the same independent contractor.
</P>
<P>(b) Applications for Secretarial qualification should be submitted to the Mine Safety and Health Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225.
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, 1989] 


</CITA>
</DIV8>


<DIV8 N="§ 77.106" NODE="30:1.0.1.12.39.2.220.7" TYPE="SECTION">
<HEAD>§ 77.106   Records of certified and qualified persons.</HEAD>
<P>The operator of each coal mine shall maintain a list of all certified and qualified persons designated to perform duties under this Part 77.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 77.107" NODE="30:1.0.1.12.39.2.220.8" TYPE="SECTION">
<HEAD>§ 77.107   Training programs.</HEAD>
<P>Every operator of a coal mine shall provide a program, approved by the Secretary, of training and retraining both qualified and certified persons needed to carry out functions prescribed in the Act. 


</P>
</DIV8>


<DIV8 N="§ 77.107-1" NODE="30:1.0.1.12.39.2.220.9" TYPE="SECTION">
<HEAD>§ 77.107-1   Plans for training programs.</HEAD>
<P>Each operator must submit to the district manager, of the Coal Mine Safety and Health District in which the mine is located, a program or plan setting forth what, when, how, and where the operator will train and retrain persons whose work assignments require that they be certified or qualified. The program must provide—
</P>
<P>(a) For certified persons, annual training courses in the tasks and duties which they perform as certified persons, first aid, and the provisions of this part 77; and
</P>
<P>(b) For qualified persons, annual courses in performance of the tasks which they perform as qualified persons.
</P>
<CITA TYPE="N">[63 FR 53761, Oct. 6, 1998]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.12.39.3" TYPE="SUBPART">
<HEAD>Subpart C—Surface Installations</HEAD>


<DIV8 N="§ 77.200" NODE="30:1.0.1.12.39.3.220.1" TYPE="SECTION">
<HEAD>§ 77.200   Surface installations; general.</HEAD>
<P>All mine structures, enclosures, or other facilities (including custom coal preparation) shall be maintained in good repair to prevent accidents and injuries to employees. 


</P>
</DIV8>


<DIV8 N="§ 77.201" NODE="30:1.0.1.12.39.3.220.2" TYPE="SECTION">
<HEAD>§ 77.201   Methane content in surface installations.</HEAD>
<P>The methane content in the air of any structure, enclosure or other facility shall be less than 1.0 volume per centum. 


</P>
</DIV8>


<DIV8 N="§ 77.201-1" NODE="30:1.0.1.12.39.3.220.3" TYPE="SECTION">
<HEAD>§ 77.201-1   Tests for methane; qualified person; use of approved device.</HEAD>
<P>Tests for methane in structures, enclosures, or other facilities, in which coal is handled or stored shall be conducted by a qualified person with a device approved by the Secretary at least once during each operating shift, and immediately prior to any repair work in which welding or an open flame is used, or a spark may be produced. 


</P>
</DIV8>


<DIV8 N="§ 77.201-2" NODE="30:1.0.1.12.39.3.220.4" TYPE="SECTION">
<HEAD>§ 77.201-2   Methane accumulations; change in ventilation.</HEAD>
<P>If, at any time, the air in any structure, enclosure or other facility contains 1.0 volume per centum or more of methane changes or adjustments in the ventilation of such installation shall be made at once so that the air shall contain less than 1.0 volume per centum of methane. 


</P>
</DIV8>


<DIV8 N="§ 77.202" NODE="30:1.0.1.12.39.3.220.5" TYPE="SECTION">
<HEAD>§ 77.202   Dust accumulations in surface installations.</HEAD>
<P>Coal dust in the air of, or in, or on the surfaces of, structures, enclosures, or other facilities shall not be allowed to exist or accumulate in dangerous amounts. 


</P>
</DIV8>


<DIV8 N="§ 77.203" NODE="30:1.0.1.12.39.3.220.6" TYPE="SECTION">
<HEAD>§ 77.203   Use of material or equipment overhead; safeguards.</HEAD>
<P>Where overhead repairs are being made at surface installations and equipment or material is taken into such overhead work areas, adequate protection shall be provided for all persons working or passing below the overhead work areas in which such equipment or material is being used. 


</P>
</DIV8>


<DIV8 N="§ 77.204" NODE="30:1.0.1.12.39.3.220.7" TYPE="SECTION">
<HEAD>§ 77.204   Openings in surface installations; safeguards.</HEAD>
<P>Openings in surface installations through which men or material may fall shall be protected by railings, barriers, covers or other protective devices. 


</P>
</DIV8>


<DIV8 N="§ 77.205" NODE="30:1.0.1.12.39.3.220.8" TYPE="SECTION">
<HEAD>§ 77.205   Travelways at surface installations.</HEAD>
<P>(a) Safe means of access shall be provided and maintained to all working places. 
</P>
<P>(b) Travelways and platforms or other means of access to areas where persons are required to travel or work, shall be kept clear of all extraneous material and other stumbling or slipping hazards. 
</P>
<P>(c) Inclined travelways shall be constructed of nonskid material or equipped with cleats. 
</P>
<P>(d) Regularly used travelways shall be sanded, salted, or cleared of snow and ice as soon as practicable. 
</P>
<P>(e) Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construction, provided with handrails, and maintained in good condition. Where necessary toeboards shall be provided. 
</P>
<P>(f) Crossovers shall be provided where it is necessary to cross conveyors. 
</P>
<P>(g) Moving conveyors shall be crossed only at designated crossover points. 


</P>
</DIV8>


<DIV8 N="§ 77.206" NODE="30:1.0.1.12.39.3.220.9" TYPE="SECTION">
<HEAD>§ 77.206   Ladders; construction; installation and maintenance.</HEAD>
<P>(a) Ladders shall be of substantial construction and maintained in good condition. 
</P>
<P>(b) Wooden members of ladders shall not be painted. 
</P>
<P>(c) Steep or vertical ladders which are used regularly at fixed locations shall be anchored securely and provided with backguards extending from a point not more than 7 feet from the bottom of the ladder to the top of the ladder. 
</P>
<P>(d) Fixed ladders shall not incline backwards at any point unless provided with backguards. 
</P>
<P>(e) Fixed ladders shall be anchored securely and installed to provide at least 3 inches of toe clearance. 
</P>
<P>(f) Fixed ladders shall project at least 3 feet above landings, or substantial handholds shall be provided above the landings. 


</P>
</DIV8>


<DIV8 N="§ 77.207" NODE="30:1.0.1.12.39.3.220.10" TYPE="SECTION">
<HEAD>§ 77.207   Illumination.</HEAD>
<P>Illumination sufficient to provide safe working conditions shall be provided in and on all surface structures, paths, walkways, stairways, switch panels, loading and dumping sites, and working areas. 


</P>
</DIV8>


<DIV8 N="§ 77.208" NODE="30:1.0.1.12.39.3.220.11" TYPE="SECTION">
<HEAD>§ 77.208   Storage of materials.</HEAD>
<P>(a) Materials shall be stored and stacked in a manner which minimizes stumbling or fall-of-material hazards. 
</P>
<P>(b) Materials that can create hazards if accidentally liberated from their containers shall be stored in a manner that minimizes the dangers. 
</P>
<P>(c) Containers holding hazardous materials must be of a type approved for such use by recognized agencies. 
</P>
<P>(d) Compressed and liquid gas cylinders shall be secured in a safe manner. 
</P>
<P>(e) Valves on compressed gas cylinders shall be protected by covers when being transported or stored, and by a safe location when the cylinders are in use. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 67 FR 42389, June 21, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 77.209" NODE="30:1.0.1.12.39.3.220.12" TYPE="SECTION">
<HEAD>§ 77.209   Surge and storage piles.</HEAD>
<P>No person shall be permitted to walk or stand immediately above a reclaiming area or in any other area at or near a surge or storage pile where the reclaiming operation may expose him to a hazard. 


</P>
</DIV8>


<DIV8 N="§ 77.210" NODE="30:1.0.1.12.39.3.220.13" TYPE="SECTION">
<HEAD>§ 77.210   Hoisting of materials.</HEAD>
<P>(a) Hitches and slings used to hoist materials shall be suitable for handling the type of materials being hoisted. 
</P>
<P>(b) Men shall stay clear of hoisted loads. 
</P>
<P>(c) Taglines shall be attached to hoisted materials that require steadying or guidance. 


</P>
</DIV8>


<DIV8 N="§ 77.211" NODE="30:1.0.1.12.39.3.220.14" TYPE="SECTION">
<HEAD>§ 77.211   Draw-off tunnels; stockpiling and reclaiming operations; general.</HEAD>
<P>(a) Tunnels located below stockpiles, surge piles, and coal storage silos shall be ventilated so as to maintain concentrations of methane below 1.0 volume per centum. 
</P>
<P>(b) In addition to the tests for methane required by § 77.201 such tests shall also be made before any electric equipment is energized or repaired, unless equipped with a continuous methane monitoring device installed and operated in accordance with the provisions of § 77.211-1. Electric equipment shall not be energized, operated, or repaired until the air contains less than 1.0 volume per centum of methane. 


</P>
</DIV8>


<DIV8 N="§ 77.211-1" NODE="30:1.0.1.12.39.3.220.15" TYPE="SECTION">
<HEAD>§ 77.211-1   Continuous methane monitoring device; installation and operation; automatic deenergization of electric equipment.</HEAD>
<P>Continuous methane monitoring devices shall be set to deenergize automatically electric equipment when such monitor is not operating properly and to give a warning automatically when the concentration of methane reaches a maximum percentage determined by an authorized representative of the Secretary which shall not be more than 1.0 volume per centum of methane. An authorized representative of the Secretary shall require such monitor to deenergize automatically electric equipment when the concentration of methane reaches a maximum percentage determined by such representative which shall not be more than 2.0 volume per centum of methane. 


</P>
</DIV8>


<DIV8 N="§ 77.212" NODE="30:1.0.1.12.39.3.220.16" TYPE="SECTION">
<HEAD>§ 77.212   Draw-off tunnel ventilation fans; installation.</HEAD>
<P>When fans are used to ventilate draw-off tunnels the fans shall be: 
</P>
<P>(a) Installed on the surface; 
</P>
<P>(b) Installed in fireproof housings and connected to the tunnel openings with fireproof air ducts; and, 
</P>
<P>(c) Offset from the tunnel opening. 


</P>
</DIV8>


<DIV8 N="§ 77.213" NODE="30:1.0.1.12.39.3.220.17" TYPE="SECTION">
<HEAD>§ 77.213   Draw-off tunnel escapeways.</HEAD>
<P>When it is necessary for a tunnel to be closed at one end, an escapeway not less than 30 inches in diameter (or of the equivalent, if the escapeway does not have a circular cross section) shall be installed which extends from the closed end of the tunnel to a safe location on the surface; and, if the escapeway is inclined more than 30 degrees from the horizontal it shall be equipped with a ladder which runs the full length of the inclined portion of the escapeway. 


</P>
</DIV8>


<DIV8 N="§ 77.214" NODE="30:1.0.1.12.39.3.220.18" TYPE="SECTION">
<HEAD>§ 77.214   Refuse piles; general.</HEAD>
<P>(a) Refuse piles constructed on or after July 1, 1971, shall be located in areas which are a safe distance from all underground mine airshafts, preparation plants, tipples, or other surface installations and such piles shall not be located over abandoned openings or steamlines. 
</P>
<P>(b) Where new refuse piles are constructed over exposed coal beds the exposed coal shall be covered with clay or other inert material as the piles are constructed. 
</P>
<P>(c) A fireproof barrier of clay or inert material shall be constructed between old and new refuse piles. 
</P>
<P>(d) Roadways to refuse piles shall be fenced or otherwise guarded to restrict the entrance of unauthorized persons. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 77.215" NODE="30:1.0.1.12.39.3.220.19" TYPE="SECTION">
<HEAD>§ 77.215   Refuse piles; construction requirements.</HEAD>
<P>(a) Refuse deposited on a pile shall be spread in layers and compacted in such a manner so as to minimize the flow of air through the pile. 
</P>
<P>(b) Refuse shall not be deposited on a burning pile except for the purpose of controlling or extinguishing a fire. 
</P>
<P>(c) Clay or other sealants shall be used to seal the surface of any refuse pile in which a spontaneous ignition has occurred. 
</P>
<P>(d) Surface seals shall be kept intact and protected from erosion by drainage facilities. 
</P>
<P>(e) Refuse piles shall not be constructed so as to impede drainage or impound water. 
</P>
<P>(f) Refuse piles shall be constructed in such a manner as to prevent accidental sliding and shifting of materials. 
</P>
<P>(g) No extraneous combustible material shall be deposited on refuse piles. 
</P>
<P>(h) After October 31, 1975 new refuse piles and additions to existing refuse piles, shall be constructed in compacted layers not exceeding 2 feet in thickness and shall not have any slope exceeding 2 horizontal to 1 vertical (approximately 27°) except that the District Manager may approve construction of a refuse pile in compacted layers exceeding 2 feet in thickness and with slopes exceeding 27° where engineering data substantiates that a minimum safety factor of 1.5 for the refuse pile will be attained. 
</P>
<P>(i) Foundations for new refuse piles and additions to existing refuse piles shall be cleared of all vegetation and undesirable material that according to current, prudent engineering practices would adversely affect the stability of the refuse pile. 
</P>
<P>(j) All fires in refuse piles shall be extinguished, and the method used shall be in accordance with a plan approved by the District Manager. The plan shall contain as a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedure to be used, shall be involved in the extinguishing operation.
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957), Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 40 FR 41776, Sept. 9, 1975; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 77.215-1" NODE="30:1.0.1.12.39.3.220.20" TYPE="SECTION">
<HEAD>§ 77.215-1   Refuse piles; identification.</HEAD>
<P>A permanent identification marker, at least six feet high and showing the refuse pile identification number as assigned by the District Manager, the name associated with the refuse pile and the name of the person owning, operating or controlling the refuse pile, shall be located on or immediately adjacent to each refuse pile within the time specified in paragraphs (a) or (b) of this section as applicable. 
</P>
<P>(a) For existing refuse piles, markers shall be placed before May 1, 1976. 
</P>
<P>(b) For new or proposed refuse piles, markers shall be placed within 30 days from acknowledgment of the proposed location of a new refuse pile. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41776, Sept. 9, 1975] 


</CITA>
</DIV8>


<DIV8 N="§ 77.215-2" NODE="30:1.0.1.12.39.3.220.21" TYPE="SECTION">
<HEAD>§ 77.215-2   Refuse piles; reporting requirements.</HEAD>
<P>(a) The proposed location of a new refuse pile shall be reported to and acknowledged in writing by the District Manager prior to the beginning of any work associated with the construction of the refuse pile. 
</P>
<P>(b) Before May 1, 1976, for existing refuse piles, or within 180 days from the date of acknowledgment of the proposed location of a new refuse pile, the person owning, operating or controlling a refuse pile shall submit to the District Manager a report in triplicate which contains the following: 
</P>
<P>(1) The name and address of the person owning, operating or controlling the refuse pile; the name associated with the refuse pile; the identification number of the refuse pile as assigned by the District Manager; and the identification number of the mine or preparation plant as assigned by MSHA. 
</P>
<P>(2) The location of the refuse pile indicated on the most recent USGS 7
<FR>1/2</FR> minute or 15 minute topographic quadrangle map, or a topographic map of equivalent scale if a USGS map is not available. 
</P>
<P>(3) A statement of the construction history of the refuse pile, and a statement indicating whether the refuse pile has been abandoned in accordance with a plan approved by the District Manager. 
</P>
<P>(4) A topographic map showing at a scale not to exceed 1 inch = 400 feet, the present and proposed maximum extent of the refuse pile and the area 500 feet around the proposed maximum perimeter. 
</P>
<P>(5) A statement of whether or not the refuse pile is burning. 
</P>
<P>(6) A description of measures taken to prevent water from being impounded by the refuse pile or contained within the refuse pile. 
</P>
<P>(7) At a scale not to exceed 1 inch = 100 feet, cross sections of the length and width of the refuse pile at sufficient intervals to show the approximate original ground surface, the present configuration and the proposed maximum extent of the refuse pile, and mean sea level elevations at significant points. 
</P>
<P>(8) Any other information pertaining to the stability of the pile which may be required by the District Manager. 
</P>
<P>(c) The information required by paragraphs (b)(4) through (b)(8) of this section shall be reported every twelfth month from the date of original submission for those refuse piles which the District Manager has determined can present a hazard until the District Manager notifies the operator that the hazard has been eliminated.
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957), Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41776, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 77.215-3" NODE="30:1.0.1.12.39.3.220.22" TYPE="SECTION">
<HEAD>§ 77.215-3   Refuse piles: certification.</HEAD>
<P>(a) Within 180 days following written notification by the District Manager that a refuse pile can present a hazard, the person owning, operating, or controlling the refuse pile shall submit to the District Manager a certification by a registered engineer that the refuse pile is being constructed or has been modified in accordance with current, prudent engineering practices to minimize the probability of impounding water and failure of such magnitude as to endanger the lives of miners.
</P>
<P>(b) After the initial certification required by this section and until the District Manager notifies the operator that the hazard has been eliminated, certification shall be submitted every twelfth month from the date of the initial certification.
</P>
<P>(c) Certifications required by paragraphs (a) and (b) of this section shall include all information considered in making the certification. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41776, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992] 


</CITA>
</DIV8>


<DIV8 N="§ 77.215-4" NODE="30:1.0.1.12.39.3.220.23" TYPE="SECTION">
<HEAD>§ 77.215-4   Refuse piles; abandonment.</HEAD>
<P>When a refuse pile is to be abandoned, the District Manager shall be notified in writing, and if he determines it can present a hazard, the refuse pile shall be abandoned in accordance with a plan submitted by the operator and approved by the District Manager. The plan shall include a schedule for its implementation and describe provisions to prevent burning and future impoundment of water, and provide for major slope stability.
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957), Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41776, Sept. 9, 1975, as amended at 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 77.216" NODE="30:1.0.1.12.39.3.220.24" TYPE="SECTION">
<HEAD>§ 77.216   Water, sediment, or slurry impoundments and impounding structures; general.</HEAD>
<P>(a) Plans for the design, construction, and maintenance of structures which impound water, sediment, or slurry shall be required if such an existing or proposed impounding structure can: 
</P>
<P>(1) Impound water, sediment, or slurry to an elevation of five feet or more above the upstream toe of the structure and can have a storage volume of 20 acre-feet or more; or 
</P>
<P>(2) Impound water, sediment, or slurry to an elevation of 20 feet or more above the upstream toe of the structure; or 
</P>
<P>(3) As determined by the District Manager, present a hazard to coal miners. 
</P>
<P>(b) Plans for the design and construction of all new water, sediment, or slurry impoundments and impounding structures which meet the requirements of paragraph (a) of this section shall be submitted in triplicate to and be approved by the District Manager prior to the beginning of any work associated with construction of the impounding structure. 
</P>
<P>(c) Before May 1, 1976, a plan for the continued use of an existing water, sediment, or slurry impoundment and impounding structure which meets the requirements of paragraph (a) of this section shall be submitted in triplicate to the District Manager for approval. 
</P>
<P>(d) The design, construction, and maintenance of all water, sediment, or slurry impoundments and impounding structures which meet the requirements of paragraph (a) of this section shall be implemented in accordance with the plan approved by the District Manager. 
</P>
<P>(e) All fires in impounding structures shall be extinguished, and the method used shall be in accordance with a plan approved by the District Manager. The plan shall contain as a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operation. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41776, Sept. 9, 1975] 


</CITA>
</DIV8>


<DIV8 N="§ 77.216-1" NODE="30:1.0.1.12.39.3.220.25" TYPE="SECTION">
<HEAD>§ 77.216-1   Water, sediment or slurry impoundments and impounding structures; identification.</HEAD>
<P>A permanent identification marker, at least six feet high and showing the identification number of the impounding structure as assigned by the District Manager, the name associated with the impounding structure and name of the person owning, operating, or controlling the structure, shall be located on or immediately adjacent to each water, sediment or slurry impounding structure within the time specified in paragraph (a) or (b) of this section as applicable. 
</P>
<P>(a) For existing water, sediment or slurry impounding structures, markers shall be placed before May 1, 1976. 
</P>
<P>(b) For new or proposed water, sediment, or slurry impounding structures, markers shall be placed within 30 days from the start of construction. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41777, Sept. 9, 1975] 


</CITA>
</DIV8>


<DIV8 N="§ 77.216-2" NODE="30:1.0.1.12.39.3.220.26" TYPE="SECTION">
<HEAD>§ 77.216-2   Water, sediment, or slurry impoundments and impounding structures; minimum plan requirements; changes or modifications; certification.</HEAD>
<P>(a) The plan specified in § 77.216, shall contain as a minimum the following information: 
</P>
<P>(1) The name and address of the persons owning, operating or controlling the impoundment or impounding structure; the name associated with the impoundment or impounding structure; the identification number of the impounding structure as assigned by the District Manager; and the identification number of the mine or preparation plant as assigned by MSHA. 
</P>
<P>(2) The location of the structure indicated on the most recent USGS 7
<FR>1/2</FR> minute or 15 minute topographic quadrangle map, or a topographic map of equivalent scale if a USGS map is not available. 
</P>
<P>(3) A statement of the purpose for which the structure is or will be used. 
</P>
<P>(4) The name and size in acres of the watershed affecting the impoundment. 
</P>
<P>(5) A description of the physical and engineering properties of the foundation materials on which the structure is or will be constructed. 
</P>
<P>(6) A statement of the type, size, range, and physical and engineering properties of the materials used, or to be used, in constructing each zone or stage of the impounding structure; the method of site preparation and construction of each zone; the approximate dates of construction of the structure and each successive stage; and for existing structures, such history of construction as may be available, and any record or knowledge of structural instability. 
</P>
<P>(7) At a scale not to exceed 1 inch = 100 feet, detailed dimensional drawings of the impounding structure including a plan view and cross sections of the length and width of the impounding structure, showing all zones, foundation improvements, drainage provisions, spillways, diversion ditches, outlets, instrument locations, and slope protection, in addition to the measurement of the minimum vertical distance between the crest of the impounding structure and the reservoir surface at present and under design storm conditions, sediment or slurry level, water level and other information pertinent to the impoundment itself, including any identifiable natural or manmade features which could affect operation of the impoundment. 
</P>
<P>(8) A description of the type and purpose of existing or proposed instrumentation. 
</P>
<P>(9) Graphs showing area-capacity curves. 
</P>
<P>(10) A statement of the runoff attributable to the probable maximum precipitation of 6-hour duration and the calculations used in determining such runoff. 
</P>
<P>(11) A statement of the runoff attributable to the storm for which the structure is designed and the calculations used in determining such runoff. 
</P>
<P>(12) A description of the spillway and diversion design features and capacities and calculations used in their determination. 
</P>
<P>(13) The computed minimum factor of safety range for the slope stability of the impounding structure including methods and calculations used to determine each factor of safety. 
</P>
<P>(14) The locations of surface and underground coal mine workings including the depth and extent of such workings within the area 500 feet around the perimeter, shown at a scale not to exceed one inch = 500 feet. 
</P>
<P>(15) Provisions for construction surveillance, maintenance, and repair of the impounding structure. 
</P>
<P>(16) General provisions for abandonment. 
</P>
<P>(17) A certification by a registered engineer that the design of the impounding structure is in accordance with current, prudent engineering practices for the maximum volume of water, sediment, or slurry which can be impounded therein and for the passage of runoff from the designed storm which exceeds the capacity of the impoundment; or, in lieu of the certification, a report indicating what additional investigations, analyses, or improvement work are necessary before such a certification can be made, including what provisions have been made to carry out such work in addition to a schedule for completion of such work. 
</P>
<P>(18) Such other information pertaining to the stability of the impoundment and impounding structure which may be required by the District Manager. 
</P>
<P>(b) Any changes or modifications to plans for water, sediment, or slurry impoundments or impounding structures shall be approved by the District Manager prior to the initiation of such changes or modifications. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41777, Sept. 9, 1975] 


</CITA>
</DIV8>


<DIV8 N="§ 77.216-3" NODE="30:1.0.1.12.39.3.220.27" TYPE="SECTION">
<HEAD>§ 77.216-3   Water, sediment, or slurry impoundments and impounding structures; inspection requirements; correction of hazards; program requirements.</HEAD>
<P>(a) All water, sediment, or slurry impoundments that meet the requirements of § 77.216(a) shall be examined as follows:
</P>
<P>(1) At intervals not exceeding 7 days, or as otherwise approved by the District Manager, for appearances of structural weakness and other hazardous conditions.
</P>
<P>(2) All instruments shall be monitored at intervals not exceeding 7 days, or as otherwise approved by the District Manager.
</P>
<P>(3) Longer inspection or monitoring intervals approved under this paragraph (a) shall be justified by the operator based on the hazard potential and performance of the impounding structure, and shall include a requirement for inspection immediately after a specified rain event approved by the District Manager.
</P>
<P>(4) All inspections required by this paragraph (a) shall be performed by a qualified person designated by the person owning, operating, or controlling the impounding structure.
</P>
<P>(b) When a potentially hazardous condition develops, the person owning, operating or controlling the impounding structure shall immediately: 
</P>
<P>(1) Take action to eliminate the potentially hazardous condition; 
</P>
<P>(2) Notify the District Manager; 
</P>
<P>(3) Notify and prepare to evacuate, if necessary, all coal miners from coal mine property which may be affected by the potentially hazardous conditions; and 
</P>
<P>(4) Direct a qualified person to monitor all instruments and examine the structure at least once every eight hours, or more often as required by an authorized representative of the Secretary. 
</P>
<P>(c) After each examination and instrumentation monitoring referred to in paragraphs (a) and (b) of this section, each qualified person who conducted all or any part of the examination or instrumentation monitoring shall promptly record the results of such examination or instrumentation monitoring in a book which shall be available at the mine for inspection by an authorized representative of the Secretary, and such qualified person shall also promptly report the results of the examination or monitoring to one of the persons specified in paragraph (d) of this section. 
</P>
<P>(d) All examination and instrumentation monitoring reports recorded in accordance with paragraph (c) of this section shall include a report of the action taken to abate hazardous conditions and shall be promptly signed or countersigned by at least one of the following persons: 
</P>
<P>(1) The mine foreman; 
</P>
<P>(2) The assistant superintendent of the mine; 
</P>
<P>(3) The superintendent of the mine; 
</P>
<P>(4) The person designated by the operator as responsible for health and safety at the mine. 
</P>
<P>(e) Before May 1, 1976, the person owning, operating, or controlling a water, sediment, or slurry impoundment which meets the requirements of § 77.216(a) shall adopt a program for carrying out the requirements of paragraphs (a) and (b) of this section. The program shall be submitted for approval to the District Manager. The program shall include as a minimum: 
</P>
<P>(1) A schedule and procedures for examining the impoundment and impounding structure by a designated qualified person; 
</P>
<P>(2) A schedule and procedures for monitoring any required or approved instrumentation by a designated qualified person; 
</P>
<P>(3) Procedures for evaluating hazardous conditions; 
</P>
<P>(4) Procedures for eliminating hazardous conditions; 
</P>
<P>(5) Procedures for notifying the District Manager; 
</P>
<P>(6) Procedures for evacuating coal miners from coal mine property which may be affected by the hazardous condition. 
</P>
<P>(f) Before making any changes or modifications in the program approved in accordance with paragraph (e) of this section, the person owning, operating, or controlling the impoundment shall obtain approval of such changes or modifications from the District Manager. 
</P>
<P>(g) The qualified person or persons referred to in paragraphs (a), (b)(4), (c), (e)(1), and (e)(2) of this section shall be trained to recognize specific signs of structural instability and other hazardous conditions by visual observation and, if applicable, to monitor instrumentation. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41777, Sept. 9, 1975, as amended at 57 FR 7471, Mar. 2, 1992] 


</CITA>
</DIV8>


<DIV8 N="§ 77.216-4" NODE="30:1.0.1.12.39.3.220.28" TYPE="SECTION">
<HEAD>§ 77.216-4   Water, sediment or slurry impoundments and impounding structures; reporting requirements; certification.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, every twelfth month following the date of the initial plan approval, the person owning, operating, or controlling a water, sediment, or slurry impoundment and impounding structure that has not been abandoned in accordance with an approved plan shall submit to the District Manager a report containing the following information:
</P>
<P>(1) Changes in the geometry of the impounding structure for the reporting period.
</P>
<P>(2) Location and type of installed instruments and the maximum and minimum recorded readings of each instrument for the reporting period.
</P>
<P>(3) The minimum, maximum, and present depth and elevation of the impounded water, sediment, or slurry for the reporting period.
</P>
<P>(4) Storage capacity of the impounding structure.
</P>
<P>(5) The volume of the impounded water, sediment, or slurry at the end of the reporting period.
</P>
<P>(6) Any other change which may have affected the stability or operation of the impounding structure that has occurred during the reporting period.
</P>
<P>(7) A certification by a registered professional engineer that all construction, operation, and maintenance was in accordance with the approved plan.
</P>
<P>(b) A report is not required under this section when the operator provides the District Manager with a certification by a registered professional engineer that there have been no changes under paragraphs (a)(1) through (a)(6) of this section to the impoundment or impounding structure. However, a report containing the information set out in paragraph (a) of this section shall be submitted to the District Manager at least every 5 years.
</P>
<CITA TYPE="N">[57 FR 7471, Mar. 2, 1992] 


</CITA>
</DIV8>


<DIV8 N="§ 77.216-5" NODE="30:1.0.1.12.39.3.220.29" TYPE="SECTION">
<HEAD>§ 77.216-5   Water, sediment or slurry impoundments and impounding structures; abandonment.</HEAD>
<P>(a) Prior to abandonment of any water, sediment, or slurry impoundment and impounding structure which meets the requirements of 30 CFR 77.216(a), the person owning, operating, or controlling such an impoundment and impounding structure shall submit to and obtain approval from the District Manager, a plan for abandonment based on current, prudent engineering practices. This plan shall provide for major slope stability, include a schedule for the plan's implementation and, except as provided in paragraph (b) of this section, contain provisions to preclude the probability of future impoundment of water, sediment, or slurry.
</P>
<P>(b) An abandonment plan does not have to contain a provision to preclude the future impoundment of water if the plan is approved by the District Manager and documentation is included in the abandonment plan to ensure that the following requirements are met:
</P>
<P>(1) A registered professional engineer, knowledgeable in the principles of dam design and in the design and construction of the structure, shall certify that it substantially conforms to the approved design plan and specifications and that there are no apparent defects.
</P>
<P>(2) The current owner or prospective owner shall certify a willingness and ability to assume responsibility for operation and maintenance of the structure.
</P>
<P>(3) A permit or approval for the continued existence of the impoundment or impounding structure shall be obtained from the Federal or State agency responsible for dam safety.
</P>
<CITA TYPE="N">[57 FR 7472, Mar. 2, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 77.217" NODE="30:1.0.1.12.39.3.220.30" TYPE="SECTION">
<HEAD>§ 77.217   Definitions.</HEAD>
<P>For the purpose of §§ 77.214 through 77.216-5, the term: 
</P>
<P>(a) <I>Abandoned</I> as applied to any refuse pile or impoundment and impounding structure means that work on such pile or structure has been completed in accordance with a plan for abandonment approved by the District Manager. 
</P>
<P>(b) <I>Area-capacity curves</I> means graphic curves which readily show the reservoir water surface area, in acres, at different elevations from the bottom of the reservoir to the maximum water surface, and the capacity or volume, in acre-feet, of the water contained in the reservoir at various elevations. 
</P>
<P>(c) <I>Impounding structure</I> means a structure which is used to impound water, sediment, or slurry, or any combination of such materials. 
</P>
<P>(d) <I>Probable maximum precipitation</I> means the value for a particular area which represents an envelopment of depth-duration-area rainfall relations for all storm types affecting that area adjusted meteorologically to maximum conditions. 
</P>
<P>(e) <I>Refuse pile</I> means a deposit of coal mine waste which may contain a mixture of coal, shale, claystone, siltstone, sandstone, limestone, and related materials that are excavated during mining operations or separated from mined coal and disposed of on the surface as waste byproducts of either coal mining or preparation operations. <I>Refuse pile</I> does not mean temporary spoil piles of removed overburden material associated with surface mining operations. 
</P>
<P>(f) <I>Safety factor</I> means the ratio of the forces tending to resist the failure of a structure to the forces tending to cause such failure as determined by accepted engineering practice. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 508, Pub. L. 91-173, 83 Stat. 745, 803 (30 U.S.C. 811, 957)) 
</SECAUTH>
<CITA TYPE="N">[40 FR 41778, Sept. 9, 1975] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.12.39.4" TYPE="SUBPART">
<HEAD>Subpart D—Thermal Dryers</HEAD>


<DIV8 N="§ 77.300" NODE="30:1.0.1.12.39.4.220.1" TYPE="SECTION">
<HEAD>§ 77.300   Thermal dryers; general.</HEAD>
<P>On and after July 1, 1971 dryer systems used for drying coal at high temperatures, hereinafter referred to as thermal dryers, including rotary dryers, continuous carrier dyes, vertical tray, and cascade dryers, multilouver dryers, suspension or flash dryers, and fluidized bed dryers, shall be maintained and operated in accordance with the provision of § 77.301 to § 77.306. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 77.301" NODE="30:1.0.1.12.39.4.220.2" TYPE="SECTION">
<HEAD>§ 77.301   Dryer heating units; operation.</HEAD>
<P>(a) Dryer heating units shall be operated to provide reasonably complete combustion before heated gases are allowed to enter hot gas inlets. 
</P>
<P>(b) Dryer heating units which are fired by pulverized coal, shall be operated and maintained in accordance with the recommended standards set forth in the National Fire Protection Association Handbook, 12th Edition, Section 9, “Installation of Pulverized Fuel Systems,” 1962. 


</P>
</DIV8>


<DIV8 N="§ 77.302" NODE="30:1.0.1.12.39.4.220.3" TYPE="SECTION">
<HEAD>§ 77.302   Bypass stacks.</HEAD>
<P>Thermal dryer systems shall include a bypass stack, relief stack or individual discharge stack provided with automatic venting which will permit gases from the dryer heating unit to bypass the heating chamber and vent to the outside atmosphere during any shutdown operation. 


</P>
</DIV8>


<DIV8 N="§ 77.303" NODE="30:1.0.1.12.39.4.220.4" TYPE="SECTION">
<HEAD>§ 77.303   Hot gas inlet chamber dropout doors.</HEAD>
<P>Thermal dryer systems which employ a hot gas inlet chamber shall be equipped with drop-out doors at the bottom of the inlet chamber or with other effective means which permit coal, fly-ash, or other heated material to fall from the chamber. 


</P>
</DIV8>


<DIV8 N="§ 77.304" NODE="30:1.0.1.12.39.4.220.5" TYPE="SECTION">
<HEAD>§ 77.304   Explosion release vents.</HEAD>
<P>Drying chambers, dry-dust collectors, ductwork connecting dryers to dust collectors, and ductwork between dust collectors and discharge stacks shall be protected with explosion release vents which open directly to the outside atmosphere, and all such vents shall be: 
</P>
<P>(a) Hinged to prevent dislodgment; 
</P>
<P>(b) Designed and constructed to permit checking and testing by manual operation; and 
</P>
<P>(c) Equal in size to the cross-sectional area of the collector vortex finder when used to vent dry dust collectors. 


</P>
</DIV8>


<DIV8 N="§ 77.305" NODE="30:1.0.1.12.39.4.220.6" TYPE="SECTION">
<HEAD>§ 77.305   Access to drying chambers, hot gas inlet chambers and ductwork; installation and maintenance.</HEAD>
<P>Drying chambers, hot gas inlet chambers and all ductwork in which coal dust may accumulate shall be equipped with tight sealing access doors which shall remain latched during dryer operation to prevent the emission of coal dust and the loss of fluidizing air. 


</P>
</DIV8>


<DIV8 N="§ 77.306" NODE="30:1.0.1.12.39.4.220.7" TYPE="SECTION">
<HEAD>§ 77.306   Fire protection.</HEAD>
<P>Based on the need for fire protection measures in connection with the particular design of the thermal dryer, an authorized representative of the Secretary may require any of the following measures to be employed: 
</P>
<P>(a) Water sprays automatically actuated by rises in temperature to prevent fire, installed inside the thermal dryer systems, and such sprays shall be designed to provide for manual operation in the event of power failure. 
</P>
<P>(b) Fog nozzles, or other no less effective means, installed inside the thermal dryer systems to provide additional moisture or an artificial drying load within the drying system when the system is being started or shutdown. 
</P>
<P>(c) The water system of each thermal dryer shall be interconnected to a supply of compressed air which permits constant or frequent purging of all water sprays and fog nozzles or other no less effective means of purging shall be provided. 


</P>
</DIV8>


<DIV8 N="§ 77.307" NODE="30:1.0.1.12.39.4.220.8" TYPE="SECTION">
<HEAD>§ 77.307   Thermal dryers; location and installation; general.</HEAD>
<P>(a) Thermal dryer systems erected or installed at any coal mine after June 30, 1971 shall be located at least 100 feet from any underground coal mine opening, and 100 feet from any surface installation where the heat, sparks, flames, or coal dust from the system might cause a fire or explosion. 
</P>
<P>(b) Thermal dryer systems erected or installed after June 30, 1971 may be covered by roofs, however, such systems shall not be otherwise enclosed unless necessary to protect the health and safety of persons employed at the mine. Where such systems are enclosed, they shall be located in separate fireproof structures of heavy construction with explosion pressure release devices (such as hinged wall panels, window sashes, or louvers); which provide at least 1 square foot of area for each 80 cubic feet of space volume and which are distributed as uniformly as possible throughout the structure. 


</P>
</DIV8>


<DIV8 N="§ 77.308" NODE="30:1.0.1.12.39.4.220.9" TYPE="SECTION">
<HEAD>§ 77.308   Structures housing other facilities; use of partitions.</HEAD>
<P>Thermal dryer systems installed after June 30, 1971 in any structure which also houses a tipple, cleaning plant, or other operating facility shall be separated from all other working areas of such structure by a substantial partition capable of providing greater resistance to explosion pressures than the exterior wall or walls of the structure. The partition shall also include substantial, self-closing fire doors at all entrances to the areas adjoining the dryer system. 


</P>
</DIV8>


<DIV8 N="§ 77.309" NODE="30:1.0.1.12.39.4.220.10" TYPE="SECTION">
<HEAD>§ 77.309   Visual check of system equipment.</HEAD>
<P>Frequent visual checks shall be made by the operator of the thermal dryer system control station, or by some other competent person, of the bypass dampers, air-tempering louvers, discharge mechanism, and other dryer system equipment. 


</P>
</DIV8>


<DIV8 N="§ 77.309-1" NODE="30:1.0.1.12.39.4.220.11" TYPE="SECTION">
<HEAD>§ 77.309-1   Control stations; location.</HEAD>
<P>Thermal dryer system control stations constructed after June 30, 1971, shall be installed at a location which will give to the operator of the control station the widest field of visibility of the system and equipment. 


</P>
</DIV8>


<DIV8 N="§ 77.310" NODE="30:1.0.1.12.39.4.220.12" TYPE="SECTION">
<HEAD>§ 77.310   Control panels.</HEAD>
<P>(a) All thermal dryer system control panels constructed after June 30, 1971 shall be located in an area which is relatively free of moisture and dust and shall be installed in such a manner as to minimize vibration. 
</P>
<P>(b) A schematic diagram containing legends which show the location of each thermocouple, pressure tap, or other control or gaging instrument in the drying system shall be posted on or near the control panel of each thermal drying system. 
</P>
<P>(c) Each instrument on the control panel shall be identified by a nameplate or equivalent marking. 
</P>
<P>(d) A plan to control the operation of each thermal dryer system shall be posted at or near the control panel showing a sequence of startup, normal shutdown, and emergency shutdown procedures. 


</P>
</DIV8>


<DIV8 N="§ 77.311" NODE="30:1.0.1.12.39.4.220.13" TYPE="SECTION">
<HEAD>§ 77.311   Alarm devices.</HEAD>
<P>Thermal dryer systems shall be equipped with both audible and visual alarm devices which are set to operate when safe dryer temperatures are exceeded. 


</P>
</DIV8>


<DIV8 N="§ 77.312" NODE="30:1.0.1.12.39.4.220.14" TYPE="SECTION">
<HEAD>§ 77.312   Fail safe monitoring systems.</HEAD>
<P>Thermal dryer systems and controls shall be protected by a fail safe monitoring system which will safely shut down the system and any related equipment upon failure of any component in the dryer system. 


</P>
</DIV8>


<DIV8 N="§ 77.313" NODE="30:1.0.1.12.39.4.220.15" TYPE="SECTION">
<HEAD>§ 77.313   Wet-coal feedbins; low-level indicators.</HEAD>
<P>Wet-coal bins feeding thermal drying systems shall be equipped with both audible and visual low-coal-level indicators. 


</P>
</DIV8>


<DIV8 N="§ 77.314" NODE="30:1.0.1.12.39.4.220.16" TYPE="SECTION">
<HEAD>§ 77.314   Automatic temperature control instruments.</HEAD>
<P>(a) Automatic temperature control instruments for thermal dryer system shall be of the recording type. 
</P>
<P>(b) Automatic temperature control instruments shall be locked or sealed to prevent tampering or unauthorized adjustment. These instruments shall not be set above the maximum allowable operating temperature. 
</P>
<P>(c) All dryer control instruments shall be inspected and calibrated at least once every 3 months and a record or certificate of accuracy, signed by a trained employee or by a servicing agent, shall be kept at the plant. 


</P>
</DIV8>


<DIV8 N="§ 77.315" NODE="30:1.0.1.12.39.4.220.17" TYPE="SECTION">
<HEAD>§ 77.315   Thermal dryers; examination and inspection.</HEAD>
<P>Thermal dryer systems shall be examined for fires and coal-dust accumulations if the dryers are not restarted promptly after a shutdown. 


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:1.0.1.12.39.5" TYPE="SUBPART">
<HEAD>Subpart E—Safeguards for Mechanical Equipment</HEAD>


<DIV8 N="§ 77.400" NODE="30:1.0.1.12.39.5.220.1" TYPE="SECTION">
<HEAD>§ 77.400   Mechanical equipment guards.</HEAD>
<P>(a) Gears; sprockets; chains; drive, head, tail, and takeup pulleys; flywheels; couplings; shafts; sawblades; fan inlets; and similar exposed moving machine parts which may be contacted by persons, and which may cause injury to persons shall be guarded. 
</P>
<P>(b) Overhead belts shall be guarded if the whipping action from a broken line would be hazardous to persons below. 
</P>
<P>(c) Guards at conveyor-drive, conveyor-head, and conveyor-tail pulleys shall extend a distance sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and the pulley. 
</P>
<P>(d) Except when testing the machinery, guards shall be securely in place while machinery is being operated. 


</P>
</DIV8>


<DIV8 N="§ 77.401" NODE="30:1.0.1.12.39.5.220.2" TYPE="SECTION">
<HEAD>§ 77.401   Stationary grinding machines; protective devices.</HEAD>
<P>(a) Stationary grinding machines other than special bit grinders shall be equipped with: 
</P>
<P>(1) Peripheral hoods (less than 90° throat openings) capable of withstanding the force of a bursting wheel. 
</P>
<P>(2) Adjustable tool rests set as close as practical to the wheel. 
</P>
<P>(3) Safety washers. 
</P>
<P>(b) Grinding wheels shall be operated within the specifications of the manufacturer of the wheel. 
</P>
<P>(c) Face shields or goggles, in good condition, shall be worn when operating a grinding wheel. 


</P>
</DIV8>


<DIV8 N="§ 77.402" NODE="30:1.0.1.12.39.5.220.3" TYPE="SECTION">
<HEAD>§ 77.402   Hand-held power tools; safety devices.</HEAD>
<P>Hand-held power tools shall be equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with friction or other equivalent safety devices. 


</P>
</DIV8>


<DIV8 N="§ 77.403" NODE="30:1.0.1.12.39.5.220.4" TYPE="SECTION">
<HEAD>§ 77.403   Mobile equipment; falling object protective structures (FOPS).</HEAD>
<P>(a) When necessary to protect the operator of the equipment, all rubber-tired or crawler-mounted self-propelled scrapers, front-end loaders, dozers, graders, loaders, and tractors, with or without attachments, that are used in surface coal mines or the surface work areas of underground coal mines shall be provided with substantial falling object protective structures (FOPS). FOPS which meet the requirements of the Society of Automotive Engineers (SAE) Standard J 231 shall be considered to be a “substantial” FOPS. An authorized representative of the Secretary may approve a FOPS which provides protection equivalent to SAE J 231. 
</P>
<P>(b) When necessary to protect the operator of the equipment, forklift or powered industrial trucks shall be provided with substantial FOPS. Such FOPS shall meet the requirements of the State of California, Division of Industrial Safety, General Safety Orders, Register 72, Number 6, February 8, 1972, Article 25, Section 3655—“Overhead Guards for High-Lift Rider Trucks.” 
</P>
<SECAUTH TYPE="N">(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as amended (83 Stat. 745; 30 U.S.C. 811(a)) 
</SECAUTH>
<CITA TYPE="N">[39 FR 24007, June 28, 1974] 


</CITA>
</DIV8>


<DIV8 N="§ 77.403-1" NODE="30:1.0.1.12.39.5.220.5" TYPE="SECTION">
<HEAD>§ 77.403-1   Mobile equipment; rollover protective structures (ROPS).</HEAD>
<P>(a) All rubber-tired or crawler-mounted self-propelled scrapers, front-end loaders, dozers, graders, loaders, and tractors, with or without attachments, that are used in surface coal mines or the surface work areas of underground coal mines shall be provided with rollover protective structures (hereinafter referred to as ROPS) in accordance with the requirements of paragraphs (b) through (f) of this section, as applicable. 
</P>
<P>(b) <I>Mobile equipment manufactured on and after September 1, 1974.</I> All mobile equipment described in paragraph (a) of this section manufactured on and after September 1, 1974 shall be equipped with ROPS meeting the requirements of the Department of Labor specified in §§ 1926.1001 and 1926.1002 of Part 1926, Title 29, Code of Federal Regulations—Safety and Health Regulations for Construction. 
</P>
<P>(c) <I>Mobile equipment manufactured prior to September 1, 1974.</I> All mobile equipment described in paragraph (a) of this section manufactured prior to September 1, 1974 shall be equipped with ROPS meeting the requirements of paragraphs (d) through (f) of this section, as appropriate, no later than the dates specified in paragraphs (1), (2), and (3) of this paragraph (c), unless an earlier date is required by an authorized representative of the Secretary under paragraph (c)(4) of this section: 
</P>
<P>(1) Mobile equipment manufactured between July 1, 1971, and September 1, 1974, shall be equipped with ROPS no later than March 1, 1975. 
</P>
<P>(2) Mobile equipment manufactured between July 1, 1970, and June 30, 1971, shall be equipped with ROPS no later than July 1, 1975. 
</P>
<P>(3) Mobile equipment manufactured between July 1, 1969, and June 30, 1970, shall be equipped with ROPS no later than January 1, 1976. 
</P>
<P>(4) Irrespective of the time periods specified in paragraph (c) (1) through (3) of this section an authorized representative of the Secretary may require such mobile equipment to be equipped with ROPS at an earlier date when necessary to protect the operator of the equipment under the conditions in which the mobile equipment is, or will be operated. The authorized representative of the Secretary shall in writing advise the operator that the equipment shall be equipped with a ROPS and shall fix a time within which the operator shall provide and install the ROPS. If such ROPS is not provided and installed within the time fixed a notice shall be issued to the operator pursuant to section 104 of the Act. 
</P>
<P>(5) Nothing in this § 77.403-1 shall preclude the issuance of a withdrawal order because of imminent danger. 
</P>
<P>(d) Except as provided in paragraph (e) of this section, mobile equipment described in paragraph (a) of this section, manufactured prior to September 1, 1974, shall be deemed in compliance with this section if the ROPS is installed in accordance with the recommendations of the ROPS manufacturer or designer. The coal mine operator shall exhibit certification from the ROPS manufacturer or designer in the form of a label attached to the equipment, indicating the manufacturer's or fabricator's name and address, the ROPS model number, if any, the machine make, model or series number that the structure is designed to fit, and compliance with the applicable specification listed in paragraph (c)(1) or (2) of this section, or he shall, upon request of the authorized representative of the Secretary, furnish certification from a registered professional engineer that: 
</P>
<P>(1) The ROPS complies with the Society of Automotive Engineers (SAE) Standard J 397, “Critical Zone—Characteristics and Dimensions for Operators of Construction and Industrial Machinery” or SAE J 397a, “Deflection Limiting Volume for Laboratory Evaluation of Rollover Protective Structures (ROPS) and Falling Object Protective Structures (FOPS) of Construction and Industrial Vehicles” and the following applicable SAE Standards: 
</P>
<P>(i) J 320a, “Minimum Performance Criteria for Rollover Protective Structure for Rubber-Tired Self-Propelled Scrapers” or J 320b, “Minimum Performance Criteria for Rollover Protective Structures for Prime Movers”; or 
</P>
<P>(ii) J 394, “Minimum Performance Criteria for Rollover Protective Structure for Rubber-Tired Front-End Loaders and Rubber-Tired Dozers” or J 394a, “Minimum Performance Criteria for Rollover Protective Structures for Wheeled Front-End Loaders and Wheeled Dozers”; or 
</P>
<P>(iii) J 395, “Minimum Performance Criteria for Rollover Protective Structure for Crawler Tractors and Crawler-Type Loaders” or J 395a, “Minimum Performance Criteria for Rollover Protective Structures for Track-Type Tractors and Track-Type Front-End Loaders”; or 
</P>
<P>(iv) J 396 or J 396a, “Minimum Performance Criteria for Rollover Protective Structures for Motor Graders”; or 
</P>
<P>(v) J 167, “Protective Frame with Overhead Protection—Test Procedures and Performance Requirements”; or 
</P>
<P>(vi) J 334a, “Protective Frame Test Procedures and Performance Requirements”; or 
</P>
<P>(2) The ROPS and supporting attachments will: 
</P>
<P>(i) Show satisfactory performance by actual test of a prototype involving a roll of 720° or more; or 
</P>
<P>(ii) Support not less than the weight of the vehicle applied as a uniformly distributed horizontal load at the top of the structure and perpendicular to a vertical plane through the longitudinal axis of the prime mover, and support two times the weight of the vehicle applied as a uniformly distributed vertical load to the top of the structure; 
<SU>1</SU>
<FTREF/> or 
</P>
<FTNT>
<P>
<SU>1</SU> 1Paragraph (d) of § 77.403-1 is based on the ROPS criteria of the U.S. Army Corps of Engineers, Safety—General Safety Requirements EM 385-1-1, Change 1, No. 21, Para. 18.A.20 (March 27, 1972), except that subparagraph (2)(ii) of this paragraph (d) is substituted for Para. 18.A.20e(2) of the Corps requirements.</P></FTNT>
<P>(iii) Support the following separately applied minimum loads: 
</P>
<P>(A) 125 percent of the weight of the vehicle applied as a uniformly distributed horizontal load at the top of the ROPS and perpendicular to a critical plane through the longitudinal axis of the prime mover; and 
</P>
<P>(B) A load of twice the weight of the vehicle applied as a uniformly distributed vertical load to the top of the ROPS after complying with paragraph (d) (1) (iii) (A) of this section. Stresses shall not exceed the ultimate strength. Steel used in the ROPS must have capability to perform at 0 °F., or exhibit Charpy V-notch impact strength at 8 ft.-lb. at −20 °F. with a standard Charpy V-notch Type A specimen and provide 20 percent elongation over two inches in a standard two inch gauge length on a 0.505 inch diameter tensile specimen. Bolts and nuts shall be SAE grade 8 (reference SAE J 429d, J 429e, J 429f or J 429g and J 995, J 995a or J 995b). 
</P>
<P>(e) <I>Mobile equipment manufactured prior to September 1, 1974 meeting certain existing governmental requirements for ROPS.</I> Mobile equipment described in paragraph (a) of this section, manufactured prior to September 1, 1974 and already equipped with ROPS, shall be deemed in compliance with this section if it meets the ROPS requirements of the State of California, the U.S. Army Corps of Engineers, the Bureau of Reclamation of the U.S. Department of the Interior in effect on April 5, 1972, or the Occupational Safety and Health Administration, U.S. Department of Labor. The requirements in effect are: 
</P>
<P>(1) State of California: Construction Safety Orders 1591(i), 1596, and Logging and Sawmill Safety Order 5243, issued by the Department of Industrial Relations pursuant to Division 5, Labor Code § 6312, State of California; 
</P>
<P>(2) U.S. Army Corps of Engineers: Safety—General Safety Requirements, EM-385-1-1 (March 1967); 
</P>
<P>(3) Bureau of Reclamation, U.S. Department of the Interior: Safety and Health Regulations for Construction, Part II (September 1971); and 
</P>
<P>(4) Occupational Safety and Health Administration, U.S. Department of Labor: Safety and Health Regulations for Construction, 29 CFR 1926.1001 and 1926.1002. 
</P>
<P>(f) Field welding on ROPS shall be performed by welders who are certified by the coal mine operator or equipment distributor as being qualified in accordance with the American Welding Society Structural Welding Code AWS D1.1-73, or Military Standard MIL-STD 248, or the equivalent thereof. 
</P>
<P>(g) Seat belts required by § 77.1710(i) shall be worn by the operator of mobile equipment required to be equipped with ROPS by § 77.403-1. 
</P>
<SECAUTH TYPE="N">(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as amended (83 Stat. 745; 30 U.S.C. 811(a)) 
</SECAUTH>
<CITA TYPE="N">[39 FR 24007, June 28, 1974. Redesignated and amended at 71 FR 16669, Apr. 3, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 77.403-2" NODE="30:1.0.1.12.39.5.220.6" TYPE="SECTION">
<HEAD>§ 77.403-2   Incorporation by reference.</HEAD>
<P>In accordance with 5 U.S.C. 552(a), the publications to which references are made in §§ 77.403 and 77.403-1 and which have been prepared by organizations other than the Mine Safety and Health Administration (MSHA), are hereby incorporated by reference and made a part hereof. The incorporated publications are available at each MSHA Coal Mine Safety and Health district office of MSHA. The U.S. Army Corps of Engineers, Safety—General Safety Requirements and the Occupational Safety and Health Administration regulations are also available from the Information Dissemination (Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; Telephone: 866-512-1800 (toll free) or 202-512-1800; <I>http://bookstore.gpo.gov.</I> Bureau of Reclamation Safety and Health Regulations for Construction are available from the Bureau of Reclamation, Division of Safety, Engineering and Research Center, Denver, Colorado. SAE documents are available from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096. American Welding Society Structural Welding Code D1-1-73 is available from the American Welding Society, Inc., 550 N.W. LeJeune Road, Miami, FL 33126. Military Standard MIL-STD 248 is available from the U.S. Government Printing Office, Washington, DC 20202. 
</P>
<SECAUTH TYPE="N">(Sec. 101(a), the Federal Coal Mine Health and Safety Act of 1969, as amended (83 Stat. 745; 30 U.S.C. 811(a)) 
</SECAUTH>
<CITA TYPE="N">[39 FR 24008, June 28, 1974, as amended at 60 FR 35695, July 11, 1995. Redesignated and amended at 71 FR 16669, Apr. 3, 2006] 


</CITA>
</DIV8>


<DIV8 N="§ 77.404" NODE="30:1.0.1.12.39.5.220.7" TYPE="SECTION">
<HEAD>§ 77.404   Machinery and equipment; operation and maintenance.</HEAD>
<P>(a) Mobile and stationary machinery and equipment shall be maintained in safe operating condition and machinery or equipment in unsafe condition shall be removed from service immediately. 
</P>
<P>(b) Machinery and equipment shall be operated only by persons trained in the use of and authorized to operate such machinery or equipment. 
</P>
<P>(c) Repairs or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments. 
</P>
<P>(d) Machinery shall not be lubricated while in motion where a hazard exists, unless equipped with extended fittings or cups. 


</P>
</DIV8>


<DIV8 N="§ 77.405" NODE="30:1.0.1.12.39.5.220.8" TYPE="SECTION">
<HEAD>§ 77.405   Performing work from a raised position; safeguards.</HEAD>
<P>(a) Men shall not work on or from a piece of mobile equipment in a raised position until it has been blocked in place securely. This does not preclude the use of equipment specifically designed as elevated mobile work platforms. 
</P>
<P>(b) No work shall be performed under machinery or equipment that has been raised until such machinery or equipment has been securely blocked in position. 


</P>
</DIV8>


<DIV8 N="§ 77.406" NODE="30:1.0.1.12.39.5.220.9" TYPE="SECTION">
<HEAD>§ 77.406   Drive belts.</HEAD>
<P>(a) Drive belts shall not be shifted while in motion unless the machines are provided with mechanical shifters. 
</P>
<P>(b) Belt dressing shall not be applied while belts are in motion except where it can be applied without endangering a person. 


</P>
</DIV8>


<DIV8 N="§ 77.407" NODE="30:1.0.1.12.39.5.220.10" TYPE="SECTION">
<HEAD>§ 77.407   Power-driven pulleys.</HEAD>
<P>(a) Belts, chains, and ropes shall not be guided onto power-driven moving pulleys, sprockets, or drums with the hands except on slow moving equipment especially designed for hand feeding. 
</P>
<P>(b) Pulleys of conveyors shall not be cleaned manually while the conveyor is in motion. 


</P>
</DIV8>


<DIV8 N="§ 77.408" NODE="30:1.0.1.12.39.5.220.11" TYPE="SECTION">
<HEAD>§ 77.408   Welding operations.</HEAD>
<P>Welding operations shall be shielded and the area shall be well-ventilated. 


</P>
</DIV8>


<DIV8 N="§ 77.409" NODE="30:1.0.1.12.39.5.220.12" TYPE="SECTION">
<HEAD>§ 77.409   Shovels, draglines, and tractors.</HEAD>
<P>(a) Shovels, draglines, and tractors shall not be operated in the presence of any person exposed to a hazard from its operation and all such equipment shall be provided with an adequate warning device which shall be sounded by the operator prior to starting operation. 
</P>
<P>(b) Shovels and draglines shall be equipped with handrails along and around all walkways and platforms. 


</P>
</DIV8>


<DIV8 N="§ 77.410" NODE="30:1.0.1.12.39.5.220.13" TYPE="SECTION">
<HEAD>§ 77.410   Mobile equipment; automatic warning devices.</HEAD>
<P>(a) Mobile equipment such as front-end loaders, forklifts, tractors, graders, and trucks, except pickup trucks with an unobstructed rear view, shall be equipped with a warning device that—
</P>
<P>(1) Gives an audible alarm when the equipment is put in reverse; or
</P>
<P>(2) Uses infrared light, ultrasonic waves, radar, or other effective devices to detect objects or persons at the rear of the equipment, and sounds an audible alarm when a person or object is detected. This type of discriminating warning device shall—
</P>
<P>(i) Have a sensing area of a sufficient size that would allow endangered persons adequate time to get out of the danger zone. 
</P>
<P>(ii) Give audible and visual alarms inside the operator's compartment and an audible alarm outside of the operator's compartment when a person or object is detected in the sensing area; and
</P>
<P>(iii) When the equipment is put in reverse, activate and give a one-time audible and visual alarm inside the operator's compartment and a one-time audible alarm outside the operator's compartment.
</P>
<P>(b) Alarms shall be audible above the surrounding noise levels.
</P>
<P>(c) Warning devices shall be maintained in functional condition.
</P>
<P>(d) An automatic reverse-activated strobe light may be substituted for an audible alarm when mobile equipment is operated at night.
</P>
<CITA TYPE="N">[54 FR 30517, July 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 77.411" NODE="30:1.0.1.12.39.5.220.14" TYPE="SECTION">
<HEAD>§ 77.411   Compressed air and boilers; general.</HEAD>
<P>All boilers and pressure vessels shall be constructed, installed, and maintained in accordance with the standards and specifications of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code. 


</P>
</DIV8>


<DIV8 N="§ 77.412" NODE="30:1.0.1.12.39.5.220.15" TYPE="SECTION">
<HEAD>§ 77.412   Compressed air systems.</HEAD>
<P>(a) Compressors and compressed-air receivers shall be equipped with automatic pressure-relief valves, pressure gages, and drain valves. 
</P>
<P>(b) Repairs involving the pressure system of compressors, receivers, or compressed-air-powered equipment shall not be attempted until the pressure has been relieved from that part of the system to be repaired. 
</P>
<P>(c) At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury. 
</P>
<P>(d) Safety chains or suitable locking devices shall be used at connections to machines of high-pressure hose lines of 1-inch inside diameter or larger, and between high-pressure hose lines of 1-inch inside diameter or larger, where a connection failure would create a hazard. 


</P>
</DIV8>


<DIV8 N="§ 77.413" NODE="30:1.0.1.12.39.5.220.16" TYPE="SECTION">
<HEAD>§ 77.413   Boilers.</HEAD>
<P>(a) Boilers shall be equipped with guarded, well-maintained water gages and pressure gages placed so that they can be observed easily. Water gages and pipe passages to the gages shall be kept clean and free of scale and rust. 
</P>
<P>(b) Boilers shall be equipped with automatic pressure-relief valves; valves shall be opened manually at least once a week to determine that they will function properly. 
</P>
<P>(c) Blowoff valves shall be piped outside the building and shall have outlets so located or protected that persons passing by, near, or under them will not be scalded. 
</P>
<P>(d) Boiler installations shall be provided with safety devices, acceptable to the Mine Safety and Health Administration, to protect against hazards of flameouts, fuel interruptions, and low-water level. 
</P>
<P>(e) Boilers shall be inspected internally at least once a year by a licensed inspector and a certificate of inspection signed by the inspector shall be displayed in the vicinity of the boiler. 


</P>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:1.0.1.12.39.6" TYPE="SUBPART">
<HEAD>Subpart F—Electrical Equipment—General</HEAD>


<DIV8 N="§ 77.500" NODE="30:1.0.1.12.39.6.220.1" TYPE="SECTION">
<HEAD>§ 77.500   Electric power circuits and electric equipment; deenergization.</HEAD>
<P>Power circuits and electric equipment shall be deenergized before work is done on such circuits and equipment, except when necessary for troubleshooting or testing. 


</P>
</DIV8>


<DIV8 N="§ 77.501" NODE="30:1.0.1.12.39.6.220.2" TYPE="SECTION">
<HEAD>§ 77.501   Electric distribution circuits and equipment; repair.</HEAD>
<P>No electrical work shall be performed on electric distribution circuits or equipment, except by a qualified person or by a person trained to perform electrical work and to maintain electrical equipment under the direct supervision of a qualified person. Disconnecting devices shall be locked out and suitably tagged by the persons who perform such work, except that in cases where locking out is not possible, such devices shall be opened and suitably tagged by such persons. Locks or tags shall be removed only by the persons who installed them or, if such persons are unavailable, by persons authorized by the operator or his agent. 


</P>
</DIV8>


<DIV8 N="§ 77.501-1" NODE="30:1.0.1.12.39.6.220.3" TYPE="SECTION">
<HEAD>§ 77.501-1   Qualified person.</HEAD>
<P>A qualified person within the meaning of § 77.501 is an individual who meets the requirements of § 77.103. 


</P>
</DIV8>


<DIV8 N="§ 77.502" NODE="30:1.0.1.12.39.6.220.4" TYPE="SECTION">
<HEAD>§ 77.502   Electric equipment; examination, testing, and maintenance.</HEAD>
<P>Electric equipment shall be frequently examined, tested, and properly maintained by a qualified person to assure safe operating conditions. When a potentially dangerous condition is found on electric equipment, such equipment shall be removed from service until such condition is corrected. A record of such examinations shall be kept. 


</P>
</DIV8>


<DIV8 N="§ 77.502-1" NODE="30:1.0.1.12.39.6.220.5" TYPE="SECTION">
<HEAD>§ 77.502-1   Qualified person.</HEAD>
<P>A qualified person within the meaning of § 77.502 is an individual who meets the requirements of § 77.103. 


</P>
</DIV8>


<DIV8 N="§ 77.502-2" NODE="30:1.0.1.12.39.6.220.6" TYPE="SECTION">
<HEAD>§ 77.502-2   Electric equipment; frequency of examination and testing.</HEAD>
<P>The examinations and tests required under the provision of this § 77.502 shall be conducted at least monthly. 


</P>
</DIV8>


<DIV8 N="§ 77.503" NODE="30:1.0.1.12.39.6.220.7" TYPE="SECTION">
<HEAD>§ 77.503   Electric conductors; capacity and insulation.</HEAD>
<P>Electric conductors shall be sufficient in size and have adequate current carrying capacity and be of such construction that a rise in temperature resulting from normal operation will not damage the insulating materials. 


</P>
</DIV8>


<DIV8 N="§ 77.503-1" NODE="30:1.0.1.12.39.6.220.8" TYPE="SECTION">
<HEAD>§ 77.503-1   Electric conductors.</HEAD>
<P>Electric conductors shall be sufficient in size to meet the minimum current carrying capacity provided for in the National Electric Code, 1968. All trailing cables shall meet the minimum requirements for ampacity provided in the standards of the Insulated Power Cable Engineers Association—National Electric Manufacturers Association in effect when such cables are purchased. 


</P>
</DIV8>


<DIV8 N="§ 77.504" NODE="30:1.0.1.12.39.6.220.9" TYPE="SECTION">
<HEAD>§ 77.504   Electrical connections or splices; suitability.</HEAD>
<P>Electrical connections or splices in electric conductors shall be mechanically and electrically efficient, and suitable connectors shall be used. All electrical connections or splices in insulated wire shall be reinsulated at least to the same degree of protection as the remainder of the wire. 


</P>
</DIV8>


<DIV8 N="§ 77.505" NODE="30:1.0.1.12.39.6.220.10" TYPE="SECTION">
<HEAD>§ 77.505   Cable fittings; suitability.</HEAD>
<P>Cables shall enter metal frames of motors, splice boxes, and electric compartments only through proper fittings. When insulated wires, other than cables, pass through metal frames, the holes shall be substantially bushed with insulated bushings. 


</P>
</DIV8>


<DIV8 N="§ 77.506" NODE="30:1.0.1.12.39.6.220.11" TYPE="SECTION">
<HEAD>§ 77.506   Electric equipment and circuits; overload and short-circuit protection.</HEAD>
<P>Automatic circuit-breaking devices or fuses of the correct type and capacity shall be installed so as to protect all electric equipment and circuits against short circuit and overloads. 


</P>
</DIV8>


<DIV8 N="§ 77.506-1" NODE="30:1.0.1.12.39.6.220.12" TYPE="SECTION">
<HEAD>§ 77.506-1   Electric equipment and circuits; overload and short circuit protection; minimum requirements.</HEAD>
<P>Devices providing either short circuit protection or protection against overload shall conform to the minimum requirements for protection of electric circuits and equipment of the National Electric Code, 1968. 


</P>
</DIV8>


<DIV8 N="§ 77.507" NODE="30:1.0.1.12.39.6.220.13" TYPE="SECTION">
<HEAD>§ 77.507   Electric equipment; switches.</HEAD>
<P>All electric equipment shall be provided with switches or other controls that are safely designed, constructed, and installed. 


</P>
</DIV8>


<DIV8 N="§ 77.508" NODE="30:1.0.1.12.39.6.220.14" TYPE="SECTION">
<HEAD>§ 77.508   Lightning arresters, ungrounded and exposed power conductors and telephone wires.</HEAD>
<P>All ungrounded, exposed power conductors and telephone wires shall be equipped with suitable lightning arresters which are adequately installed and connected to a low resistance grounding medium. 


</P>
</DIV8>


<DIV8 N="§ 77.508-1" NODE="30:1.0.1.12.39.6.220.15" TYPE="SECTION">
<HEAD>§ 77.508-1   Lightning arresters; wires entering buildings.</HEAD>
<P>Lightning arresters protecting exposed telephone wires entering buildings shall be provided at the point where each such telephone wire enters the building. 


</P>
</DIV8>


<DIV8 N="§ 77.509" NODE="30:1.0.1.12.39.6.220.16" TYPE="SECTION">
<HEAD>§ 77.509   Transformers; installation and guarding.</HEAD>
<P>(a) Transformers shall be of the totally enclosed type, or shall be placed at least 8 feet above the ground, or installed in a transformer house, or surrounded by a substantial fence at least 6 feet high and at least 3 feet from any energized parts, casings, or wiring. 
</P>
<P>(b) Transformer stations shall be enclosed to prevent persons from unintentionally or inadvertently contacting energized parts. 
</P>
<P>(c) Transformer enclosures shall be kept locked against unauthorized entry. 


</P>
</DIV8>


<DIV8 N="§ 77.510" NODE="30:1.0.1.12.39.6.220.17" TYPE="SECTION">
<HEAD>§ 77.510   Resistors; location and guarding.</HEAD>
<P>Resistors, heaters, and rheostats shall be located so as to minimize fire hazards and, where necessary, provided with guards to prevent personal contact. 


</P>
</DIV8>


<DIV8 N="§ 77.511" NODE="30:1.0.1.12.39.6.220.18" TYPE="SECTION">
<HEAD>§ 77.511   Danger signs at electrical installations.</HEAD>
<P>Suitable danger signs shall be posted at all major electrical installations. 


</P>
</DIV8>


<DIV8 N="§ 77.512" NODE="30:1.0.1.12.39.6.220.19" TYPE="SECTION">
<HEAD>§ 77.512   Inspection and cover plates.</HEAD>
<P>Inspection and cover plates on electrical equipment shall be kept in place at all times except during testing or repairs. 


</P>
</DIV8>


<DIV8 N="§ 77.513" NODE="30:1.0.1.12.39.6.220.20" TYPE="SECTION">
<HEAD>§ 77.513   Insulating mats at power switches.</HEAD>
<P>Dry wooden platforms, insulating mats, or other electrically nonconductive material shall be kept in place at all switchboards and power-control switches where shock hazards exist. However, metal plates on which a person normally would stand and which are kept at the same potential as the grounded, metal, non-current-carrying parts of the power switches to be operated may be used. 


</P>
</DIV8>


<DIV8 N="§ 77.514" NODE="30:1.0.1.12.39.6.220.21" TYPE="SECTION">
<HEAD>§ 77.514   Switchboards; passageways and clearance.</HEAD>
<P>Switchboards shall be installed to provide passageways or lanes of travel which permit access to the back of the switchboard from both ends for inspection, adjustment or repair. Openings permitting access to the rear of any switchboard shall be guarded, except where they are located in buildings which are kept locked. 


</P>
</DIV8>


<DIV8 N="§ 77.515" NODE="30:1.0.1.12.39.6.220.22" TYPE="SECTION">
<HEAD>§ 77.515   Bare signal or control wires; voltage.</HEAD>
<P>The voltage on bare signal or control wires accessible to personal contact shall not exceed 40 volts. 


</P>
</DIV8>


<DIV8 N="§ 77.516" NODE="30:1.0.1.12.39.6.220.23" TYPE="SECTION">
<HEAD>§ 77.516   Electric wiring and equipment; installation and maintenance.</HEAD>
<P>In addition to the requirements of §§ 77.503 and 77.506, all wiring and electrical equipment installed after June 30, 1971, shall meet the requirements of the National Electric Code in effect at the time of installation. 


</P>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:1.0.1.12.39.7" TYPE="SUBPART">
<HEAD>Subpart G—Trailing Cables</HEAD>


<DIV8 N="§ 77.600" NODE="30:1.0.1.12.39.7.220.1" TYPE="SECTION">
<HEAD>§ 77.600   Trailing cables; short-circuit protection; disconnecting devices.</HEAD>
<P>Short-circuit protection for trailing cables shall be provided by an automatic circuit breaker or other no less effective device, approved by the Secretary, of adequate current-interrupting capacity in each ungrounded conductor. Disconnecting devices used to disconnect power from trailing cables shall be plainly marked and identified and such devices shall be equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected. 


</P>
</DIV8>


<DIV8 N="§ 77.601" NODE="30:1.0.1.12.39.7.220.2" TYPE="SECTION">
<HEAD>§ 77.601   Trailing cables or portable cables; temporary splices.</HEAD>
<P>Temporary splices in trailing cables or portable cables shall be made in a workmanlike manner and shall be mechanically strong and well insulated. Trailing cables or portable cables with exposed wires or splices that heat or spark under load shall not be used. 


</P>
</DIV8>


<DIV8 N="§ 77.602" NODE="30:1.0.1.12.39.7.220.3" TYPE="SECTION">
<HEAD>§ 77.602   Permanent splicing of trailing cables.</HEAD>
<P>When permanent splices in trailing cables are made, they shall be: 
</P>
<P>(a) Mechanically strong with adequate electrical conductivity; 
</P>
<P>(b) Effectively insulated and sealed so as to exclude moisture; and, 
</P>
<P>(c) Vulcanized or otherwise made with suitable materials to provide good bonding to the outer jacket. 


</P>
</DIV8>


<DIV8 N="§ 77.603" NODE="30:1.0.1.12.39.7.220.4" TYPE="SECTION">
<HEAD>§ 77.603   Clamping of trailing cables to equipment.</HEAD>
<P>Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections. 


</P>
</DIV8>


<DIV8 N="§ 77.604" NODE="30:1.0.1.12.39.7.220.5" TYPE="SECTION">
<HEAD>§ 77.604   Protection of trailing cables.</HEAD>
<P>Trailing cables shall be adequately protected to prevent damage by mobile equipment. 


</P>
</DIV8>


<DIV8 N="§ 77.605" NODE="30:1.0.1.12.39.7.220.6" TYPE="SECTION">
<HEAD>§ 77.605   Breaking trailing cable and power cable connections.</HEAD>
<P>Trailing cable and power cable connections between cables and to power sources shall not be made or broken under load. 


</P>
</DIV8>


<DIV8 N="§ 77.606" NODE="30:1.0.1.12.39.7.220.7" TYPE="SECTION">
<HEAD>§ 77.606   Energized trailing cables; handling.</HEAD>
<P>Energized medium- and high-voltage trailing cables shall be handled only by persons wearing protective rubber gloves (see § 77.606-1) and, with such other protective devices as may be necessary and appropriate under the circumstances. 


</P>
</DIV8>


<DIV8 N="§ 77.606-1" NODE="30:1.0.1.12.39.7.220.8" TYPE="SECTION">
<HEAD>§ 77.606-1   Rubber gloves; minimum requirements.</HEAD>
<P>(a) Rubber gloves (lineman's gloves) worn while handling high-voltage trailing cables shall be rated at least 20,000 volts and shall be used and tested in accordance with the provisions of §§ 77.704-6 through 77.704-8. 
</P>
<P>(b) Rubber gloves (wireman's gloves) worn while handling trailing cables energized by 660 to 1,000 volts shall be rated at least 1,000 volts and shall not be worn inside out or without protective leather gloves. 
</P>
<P>(c) Rubber gloves shall be inspected for defects before use on each shift and at least once thereafter during the shift when such rubber gloves are used for extended periods. All protective rubber gloves which contain defects shall be discarded and replaced prior to handling energized cables. 


</P>
</DIV8>

</DIV6>


<DIV6 N="H" NODE="30:1.0.1.12.39.8" TYPE="SUBPART">
<HEAD>Subpart H—Grounding</HEAD>


<DIV8 N="§ 77.700" NODE="30:1.0.1.12.39.8.220.1" TYPE="SECTION">
<HEAD>§ 77.700   Grounding metallic sheaths, armors, and conduits enclosing power conductors.</HEAD>
<P>Metallic sheaths, armors, and conduits enclosing power conductors shall be electrically continuous throughout and shall be grounded by methods approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 77.700-1" NODE="30:1.0.1.12.39.8.220.2" TYPE="SECTION">
<HEAD>§ 77.700-1   Approved methods of grounding.</HEAD>
<P>Metallic sheaths, armors, and conduits in resistance grounded systems, where the enclosed conductors are a part of the system, will be approved if a solid connection is made to the neutral conductor; in all other systems, the following methods of grounding will be approved: 
</P>
<P>(a) A solid connection to metal waterlines having low resistance to earth; 
</P>
<P>(b) A solid connection to a grounding conductor, other than the neutral conductor of a resistance grounded system, extending to a low-resistance ground field; 
</P>
<P>(c) Any other method of grounding, approved by an authorized representative of the Secretary, which ensures that there is no difference in potential between such metallic enclosures and the earth. 


</P>
</DIV8>


<DIV8 N="§ 77.701" NODE="30:1.0.1.12.39.8.220.3" TYPE="SECTION">
<HEAD>§ 77.701   Grounding metallic frames, casings, and other enclosures of electric equipment.</HEAD>
<P>Metallic frames, casings, and other enclosures of electric equipment that can become “alive” through failure of insulation or by contact with energized parts shall be grounded by methods approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 77.701-1" NODE="30:1.0.1.12.39.8.220.4" TYPE="SECTION">
<HEAD>§ 77.701-1   Approved methods of grounding of equipment receiving power from ungrounded alternating current power systems.</HEAD>
<P>For purposes of grounding metallic frames, casings and other enclosures of equipment receiving power from ungrounded alternating current power systems, the following methods of grounding will be approved: 
</P>
<P>(a) A solid connection between the metallic frame; casing, or other metal enclosure and the grounded metallic sheath, armor, or conduit enclosing the power conductor feeding the electric equipment enclosed; 
</P>
<P>(b) A solid connection to metal waterlines having low resistance to earth; 
</P>
<P>(c) A solid connection to a grounding conductor extending to a low-resistance ground field; and, 
</P>
<P>(d) Any other method of grounding, approved by an authorized representative of the Secretary, which insures that there is no difference in potential between such metal enclosures and the earth. 


</P>
</DIV8>


<DIV8 N="§ 77.701-2" NODE="30:1.0.1.12.39.8.220.5" TYPE="SECTION">
<HEAD>§ 77.701-2   Approved methods of grounding metallic frames, casings, and other enclosures of electric equipment receiving power from a direct-current power system.</HEAD>
<P>(a) The following methods of grounding metallic frames, casings, and other enclosures of electric equipment receiving power from a direct-current power system with one polarity grounded will be approved: 
</P>
<P>(1) A solid connection to the grounded power conductor of the system; and, 
</P>
<P>(2) Any other method, approved by an authorized representative of the Secretary, which insures that there is no difference in potential between such metal enclosures and the earth. 
</P>
<P>(b) A method of grounding of metallic frames, casings, and other enclosures of electric equipment receiving power from a direct-current power system other than a system with one polarity grounded, will be approved by an authorized representative of the Secretary if the method insures that there is no difference in potential between such frames, casings, and other enclosures, and the earth. 


</P>
</DIV8>


<DIV8 N="§ 77.701-3" NODE="30:1.0.1.12.39.8.220.6" TYPE="SECTION">
<HEAD>§ 77.701-3   Grounding wires; capacity.</HEAD>
<P>Where grounding wires are used to ground metallic sheaths, armors, conduits, frames, casings, and other metallic enclosures, such grounding wires will be approved if: 
</P>
<P>(a) Where the power conductor used is No. 6 A.W.G., or larger, the cross-sectional area of the grounding wire is at least one-half the cross-sectional area of the power conductor. 
</P>
<P>(b) Where the power conductor used is less than No. 6 A.W.G., the cross-sectional area of the grounding wire is equal to the cross-sectional area of the power conductor. 


</P>
</DIV8>


<DIV8 N="§ 77.701-4" NODE="30:1.0.1.12.39.8.220.7" TYPE="SECTION">
<HEAD>§ 77.701-4   Use of grounding connectors.</HEAD>
<P>If ground wires are attached to grounded power conductors, separate clamps, suitable for such purpose, shall be used and installed to provide a solid connection. 


</P>
</DIV8>


<DIV8 N="§ 77.702" NODE="30:1.0.1.12.39.8.220.8" TYPE="SECTION">
<HEAD>§ 77.702   Protection other than grounding.</HEAD>
<P>Methods other than grounding which provide no less effective protection may be permitted by the Secretary or his authorized representative. Such methods may not be used unless so approved. 


</P>
</DIV8>


<DIV8 N="§ 77.703" NODE="30:1.0.1.12.39.8.220.9" TYPE="SECTION">
<HEAD>§ 77.703   Grounding frames of stationary high-voltage equipment receiving power from ungrounded delta systems.</HEAD>
<P>The frames of all stationary high-voltage equipment receiving power from ungrounded delta systems shall be grounded by methods approved by an authorized representative of the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 77.703-1" NODE="30:1.0.1.12.39.8.220.10" TYPE="SECTION">
<HEAD>§ 77.703-1   Approved methods of grounding.</HEAD>
<P>The methods of grounding stated in § 77.701-1 will be approved with respect to the grounding of frames of high-voltage equipment referred to in § 77.703. 


</P>
</DIV8>


<DIV8 N="§ 77.704" NODE="30:1.0.1.12.39.8.220.11" TYPE="SECTION">
<HEAD>§ 77.704   Work on high-voltage lines; deenergizing and grounding.</HEAD>
<P>High-voltage lines shall be deenergized and grounded before work is performed on them, except that repairs may be permitted on energized high-voltage lines if (a) such repairs are made by a qualified person in accordance with procedures and safeguards set forth in §§ 77.704-1 through 77.704-11 of this Subpart H as applicable, and (b) the operator has tested and properly maintained the protective devices necessary in making such repairs. 


</P>
</DIV8>


<DIV8 N="§ 77.704-1" NODE="30:1.0.1.12.39.8.220.12" TYPE="SECTION">
<HEAD>§ 77.704-1   Work on high-voltage lines.</HEAD>
<P>(a) No high-voltage line shall be regarded as deenergized for the purpose of performing work on it, until it has been determined by a qualified person (as provided in § 77.103) that such high-voltage line has been deenergized and grounded. Such qualified person shall by visual observation (1) determine that the disconnecting devices on the high-voltage circuit are in open position, and (2) insure that each ungrounded conductor of the high-voltage circuit upon which work is to be done is properly connected to the system grounding medium. In the case of resistance grounded or solid wye-connected systems, the neutral wire is the system grounding medium. In the case of an ungrounded power system, either the steel armor or conduit enclosing the system or a surface grounding field is a system grounding medium; 
</P>
<P>(b) No work shall be performed on any high-voltage line which is supported by any pole or structure which also supports other high-voltage lines until: (1) All lines supported on the pole or structure are deenergized and grounded in accordance with all of the provisions of this § 77.704-1 which apply to the repair of deenergized surface high-voltage lines; or (2) the provisions of §§ 77.704-2 through 77.704-10 have been complied with, with respect to all energized lines, which are supported on the pole or structure. 
</P>
<P>(c) Work may be performed on energized surface high-voltage lines only in accordance with the provisions of §§ 77.704-2 through 77.704-10, inclusive. 


</P>
</DIV8>


<DIV8 N="§ 77.704-2" NODE="30:1.0.1.12.39.8.220.13" TYPE="SECTION">
<HEAD>§ 77.704-2   Repairs to energized high-voltage lines.</HEAD>
<P>An energized high-voltage line may be repaired only when: 
</P>
<P>(a) The operator has determined that, 
</P>
<P>(1) Such repairs cannot be scheduled during a period when the power circuit could be properly deenergized and grounded; 
</P>
<P>(2) Such repairs will be performed on power circuits with a phase-to-phase nominal voltage no greater than 15,000 volts; 
</P>
<P>(3) Such repairs on circuits with a phase-to-phase nominal voltage of 5,000 volts or more will be performed only with the use of live line tools; and, 
</P>
<P>(4) Weather conditions will not interfere with such repairs or expose those persons assigned to such work to an imminent danger; and, 
</P>
<P>(b) The operator has designated a person qualified under the provisions of § 77.104 as the person responsible for carrying out such repairs and such person, in order to ensure protection for himself and other qualified persons assigned to perform such repairs from the hazards of such repair, has prepared and filed with the operator: 
</P>
<P>(1) A general description of the nature and location of the damage or defect to be repaired; 
</P>
<P>(2) The general plan to be followed in making such repairs; 
</P>
<P>(3) A statement that a briefing of all qualified persons assigned to make such repairs was conducted informing them of the general plan, their individual assignments, and the dangers inherent in such assignments; 
</P>
<P>(4) A list of the proper protective equipment and clothing that will be provided; and 
</P>
<P>(5) Such other information as the person designated by the operator feels necessary to describe properly the means or methods to be employed in such repairs. 


</P>
</DIV8>


<DIV8 N="§ 77.704-3" NODE="30:1.0.1.12.39.8.220.14" TYPE="SECTION">
<HEAD>§ 77.704-3   Work on energized high-voltage surface lines; reporting.</HEAD>
<P>Any operator designating and assigning qualified persons to perform repairs on energized high-voltage surface lines under the provisions of § 77.704-2 shall maintain a record of such repairs. Such record shall contain a notation of the time, date, location, and general nature of the repairs made together with a copy of the information filed with the operator by the qualified person designated as responsible for performing such repairs. 


</P>
</DIV8>


<DIV8 N="§ 77.704-4" NODE="30:1.0.1.12.39.8.220.15" TYPE="SECTION">
<HEAD>§ 77.704-4   Simultaneous repairs.</HEAD>
<P>When two or more persons are working on an energized high-voltage surface line simultaneously, and any one of them is within reach of another, such persons shall not be allowed to work on different phases or on equipment with different potentials. 


</P>
</DIV8>


<DIV8 N="§ 77.704-5" NODE="30:1.0.1.12.39.8.220.16" TYPE="SECTION">
<HEAD>§ 77.704-5   Installation of protective equipment.</HEAD>
<P>Before repair work on energized high-voltage surface lines is begun, protective equipment shall be used to cover all bare conductors, ground wires, guys, telephone lines, and other attachments in proximity to the area of planned repairs. Such protective equipment shall be installed from a safe position below the conductors or other apparatus being covered. Each rubber protective device employed in the making of repairs shall have a dielectric strength of 20,000 volts, or more. 


</P>
</DIV8>


<DIV8 N="§ 77.704-6" NODE="30:1.0.1.12.39.8.220.17" TYPE="SECTION">
<HEAD>§ 77.704-6   Protective clothing; use and inspection.</HEAD>
<P>All persons performing work on energized high-voltage surface lines shall wear protective rubber lineman's gloves, sleeves, and climber guards if climbers are worn. Protective rubber gloves shall not be worn wrong side out or without protective leather gloves. Protective devices worn by a person assigned to perform repairs on high-voltage surface lines shall be worn continuously from the time he leaves the ground until he returns to the ground and, if such devices are employed for extended periods, such person shall visually inspect the equipment assigned him for defects before each use and, in no case, less than twice each day. 


</P>
</DIV8>


<DIV8 N="§ 77.704-7" NODE="30:1.0.1.12.39.8.220.18" TYPE="SECTION">
<HEAD>§ 77.704-7   Protective equipment; inspection.</HEAD>
<P>Each person shall visually inspect protective equipment and clothing provided him in connection with work on high-voltage surface lines before using such equipment and clothing, and any equipment or clothing containing any defect or damage shall be discarded and replaced with proper protective equipment or clothing prior to the performance of any electrical work on such lines. 


</P>
</DIV8>


<DIV8 N="§ 77.704-8" NODE="30:1.0.1.12.39.8.220.19" TYPE="SECTION">
<HEAD>§ 77.704-8   Protective equipment; testing and storage.</HEAD>
<P>(a) All rubber protective equipment used on work on energized high-voltage surface lines shall be electrically tested by the operator in accordance with ASTM standards, Part 28, published February 1968, and such testing shall be conducted in accordance with the following schedule: 
</P>
<P>(1) Rubber gloves, once each month; 
</P>
<P>(2) Rubber sleeves, once every 3 months; 
</P>
<P>(3) Rubber blankets, once every 6 months; 
</P>
<P>(4) Insulator hoods and line hose, once a year; and 
</P>
<P>(5) Other electric protective equipment, once a year. 
</P>
<P>(b) Rubber gloves shall not be stored wrong side out. Blankets shall be rolled when not in use, and line hose, and insulator hoods shall be stored in their natural position and shape. 


</P>
</DIV8>


<DIV8 N="§ 77.704-9" NODE="30:1.0.1.12.39.8.220.20" TYPE="SECTION">
<HEAD>§ 77.704-9   Operating disconnecting or cutout switches.</HEAD>
<P>Disconnecting or cutout switches on energized high-voltage surface lines shall be operated only with insulated sticks, fuse tongs, or pullers which are adequately insulated and maintained to protect the operator from the voltage to which he is exposed. When such switches are operated from the ground, the person using such devices shall wear protective rubber lineman's gloves, except where such switches are bonded to a metal mat as provided in § 77.513. 


</P>
</DIV8>


<DIV8 N="§ 77.704-10" NODE="30:1.0.1.12.39.8.220.21" TYPE="SECTION">
<HEAD>§ 77.704-10   Tying into energized high-voltage surface circuits.</HEAD>
<P>If the work of forming an additional circuit by tying into an energized high-voltage surface line is performed from the ground, any person performing such work must wear and employ all of the protective equipment and clothing required under the provisions of §§ 77.704-5 and 77.704-6. In addition, the insulated stick used by such person must have been designed for such purpose and must be adequately insulated and be maintained to protect such person from the voltage to which he is exposed. 


</P>
</DIV8>


<DIV8 N="§ 77.704-11" NODE="30:1.0.1.12.39.8.220.22" TYPE="SECTION">
<HEAD>§ 77.704-11   Use of grounded messenger wires; ungrounded systems.</HEAD>
<P>Solely for purposes of grounding ungrounded high-voltage power systems, grounded messenger wires used to suspend the cables of such systems may be used as a grounding medium. 


</P>
</DIV8>


<DIV8 N="§ 77.705" NODE="30:1.0.1.12.39.8.220.23" TYPE="SECTION">
<HEAD>§ 77.705   Guy wires; grounding.</HEAD>
<P>Guy wires from poles supporting high-voltage transmission lines shall be securely connected to the system ground or be provided with insulators installed near the pole end. 


</P>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:1.0.1.12.39.9" TYPE="SUBPART">
<HEAD>Subpart I—Surface High-Voltage Distribution</HEAD>


<DIV8 N="§ 77.800" NODE="30:1.0.1.12.39.9.220.1" TYPE="SECTION">
<HEAD>§ 77.800   High-voltage circuits; circuit breakers.</HEAD>
<P>High-voltage circuits supplying power to portable or mobile equipment shall be protected by suitable circuit breakers of adequate interrupting capacity which are properly tested and maintained and equipped with devices to provide protection against under voltage, grounded phase, short circuit and overcurrent. High-voltage circuits supplying power to stationary equipment shall be protected against overloads by either a circuit breaker or fuses of the correct type and capacity. 


</P>
</DIV8>


<DIV8 N="§ 77.800-1" NODE="30:1.0.1.12.39.9.220.2" TYPE="SECTION">
<HEAD>§ 77.800-1   Testing, examination, and maintenance of circuit breakers; procedures.</HEAD>
<P>(a) Circuit breakers and their auxiliary devices protecting high-voltage circuits to portable or mobile equipment shall be tested and examined at least once each month by a person qualified as provided in § 77.103. 
</P>
<P>(b) Tests shall include: 
</P>
<P>(1) Breaking continuity of the ground check conductor where ground check monitoring is used; and, 
</P>
<P>(2) Actuating any of the auxiliary protective relays. 
</P>
<P>(c) Examination shall include visual observation of all components of the circuit breaker and its auxiliary devices, and such repairs or adjustments as are indicated by such tests and examinations shall be carried out immediately. 


</P>
</DIV8>


<DIV8 N="§ 77.800-2" NODE="30:1.0.1.12.39.9.220.3" TYPE="SECTION">
<HEAD>§ 77.800-2   Testing, examination, and maintenance of circuit breakers; record.</HEAD>
<P>The operator shall maintain a written record of each test, examination, repair, or adjustment of all circuit breakers protecting high-voltage circuits. Such record shall be kept in a book approved by the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 77.801" NODE="30:1.0.1.12.39.9.220.4" TYPE="SECTION">
<HEAD>§ 77.801   Grounding resistors.</HEAD>
<P>The grounding resistor, where required, shall be of the proper ohmic value to limit the voltage drop in the grounding circuit external to the resistor to not more than 100 volts under fault conditions. The grounding resistor shall be rated for maximum fault current continuously and insulated from ground for a voltage equal to the phase-to-phase voltage of the system. 


</P>
</DIV8>


<DIV8 N="§ 77.801-1" NODE="30:1.0.1.12.39.9.220.5" TYPE="SECTION">
<HEAD>§ 77.801-1   Grounding resistors; continuous current rating.</HEAD>
<P>The ground fault current rating of grounding resistors shall meet the “extended time rating” set forth in American Institute of Electrical Engineers, Standard No. 32. 


</P>
</DIV8>


<DIV8 N="§ 77.802" NODE="30:1.0.1.12.39.9.220.6" TYPE="SECTION">
<HEAD>§ 77.802   Protection of high-voltage circuits; neutral grounding resistors; disconnecting devices.</HEAD>
<P>High-voltage circuits supplying portable or mobile equipment shall contain either a direct or derived neutral which shall be grounded through a suitable resistor at the source transformers, and a grounding circuit, originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as a grounding conductor for the frames of all high-voltage equipment supplied power from that circuit, except that the Secretary or his authorized representative may permit other high-voltage circuits to feed stationary electrical equipment, if he finds that such exception will not pose a hazard to the miners. Disconnecting devices shall be installed and so equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected. 


</P>
</DIV8>


<DIV8 N="§ 77.803" NODE="30:1.0.1.12.39.9.220.7" TYPE="SECTION">
<HEAD>§ 77.803   Fail safe ground check circuits on high-voltage resistance grounded systems.</HEAD>
<P>On and after September 30, 1971, all high-voltage, resistance grounded systems shall include a fail safe ground check circuit or other no less effective device approved by the Secretary to monitor continuously the grounding circuit to assure continuity. The fail safe ground check circuit shall cause the circuit breaker to open when either the ground or ground check wire is broken. 


</P>
</DIV8>


<DIV8 N="§ 77.803-1" NODE="30:1.0.1.12.39.9.220.8" TYPE="SECTION">
<HEAD>§ 77.803-1   Fail safe ground check circuits; maximum voltage.</HEAD>
<P>The maximum voltage used for ground check circuits under § 77.803 shall not exceed 96 volts. 


</P>
</DIV8>


<DIV8 N="§ 77.803-2" NODE="30:1.0.1.12.39.9.220.9" TYPE="SECTION">
<HEAD>§ 77.803-2   Ground check systems not employing pilot check wires; approval by the Secretary.</HEAD>
<P>Ground check systems not employing pilot check wires shall be approved by the Secretary only if it is determined that the system includes a fail safe design which will cause the circuit interrupter to open when ground continuity is broken. 


</P>
</DIV8>


<DIV8 N="§ 77.804" NODE="30:1.0.1.12.39.9.220.10" TYPE="SECTION">
<HEAD>§ 77.804   High-voltage trailing cables; minimum design requirements.</HEAD>
<P>(a) High-voltage trailing cables used in resistance grounded systems shall be equipped with metallic shields around each power conductor with one or more ground conductors having a total cross-sectional area of not less than one-half the power conductor, and with an insulated conductor for the ground continuity check circuit. External ground check conductors may be used if they are not smaller than No. 8 (AWG) and have an insulation rated at least 600 volts. 
</P>
<P>(b) All such high-voltage trailing cables shall be adequate for the intended current and voltage. Splices made in such cables shall provide continuity of all components. 


</P>
</DIV8>


<DIV8 N="§ 77.805" NODE="30:1.0.1.12.39.9.220.11" TYPE="SECTION">
<HEAD>§ 77.805   Cable couplers and connection boxes; minimum design requirements.</HEAD>
<P>(a)(1) Couplers that are used in medium- or high-voltage power circuits shall be of the three-phase type and enclosed in a full metallic shell, except that the Secretary may permit, under such guidelines as he may prescribe, no less effective couplers constructed of materials other than metal. 
</P>
<P>(2) Cable couplers shall be adequate for the intended current and voltage. 
</P>
<P>(3) Cable couplers with any metal exposed shall be grounded to the ground conductor in the cable. 
</P>
<P>(4) Couplers shall be constructed to cause the ground check continuity conductor to break first and the ground conductor last when being uncoupled when pilot check circuits are used. 
</P>
<P>(b) Cable connection boxes shall be of substantial construction and designed to guard all energized parts from personal contact. 


</P>
</DIV8>


<DIV8 N="§ 77.806" NODE="30:1.0.1.12.39.9.220.12" TYPE="SECTION">
<HEAD>§ 77.806   Connection of single-phase loads.</HEAD>
<P>Single-phase loads, such as transformer primaries, shall be connected phase to phase in resistance grounded systems. 


</P>
</DIV8>


<DIV8 N="§ 77.807" NODE="30:1.0.1.12.39.9.220.13" TYPE="SECTION">
<HEAD>§ 77.807   Installation of high-voltage transmission cables.</HEAD>
<P>High-voltage transmission cables shall be installed or placed so as to afford protection against damage. They shall be placed to prevent contact with low-voltage or communication circuits. 


</P>
</DIV8>


<DIV8 N="§ 77.807-1" NODE="30:1.0.1.12.39.9.220.14" TYPE="SECTION">
<HEAD>§ 77.807-1   High-voltage powerlines; clearances above ground.</HEAD>
<P>High-voltage powerlines located above driveways, haulageways, and railroad tracks shall be installed to provide the minimum vertical clearance specified in National Electrical Safety Code: <I>Provided, however,</I> That in no event shall any high-voltage powerline be installed less than 15 feet above ground. 


</P>
</DIV8>


<DIV8 N="§ 77.807-2" NODE="30:1.0.1.12.39.9.220.15" TYPE="SECTION">
<HEAD>§ 77.807-2   Booms and masts; minimum distance from high-voltage lines.</HEAD>
<P>The booms and masts of equipment operated on the surface of any coal mine shall not be operated within 10 feet of an energized overhead powerline. Where the voltage of overhead powerlines is 69,000 volts, or more, the minimum distance from the boom or mast shall be as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Nominal power line voltage (in 1,000 volts)
</TH><TH class="gpotbl_colhed" scope="col">Minimum distance (feet)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">69 to 114</TD><TD align="right" class="gpotbl_cell">12
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">115 to 229</TD><TD align="right" class="gpotbl_cell">15
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">230 to 344</TD><TD align="right" class="gpotbl_cell">20
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">345 to 499</TD><TD align="right" class="gpotbl_cell">25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">500 or more</TD><TD align="right" class="gpotbl_cell">35</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 77.807-3" NODE="30:1.0.1.12.39.9.220.16" TYPE="SECTION">
<HEAD>§ 77.807-3   Movement of equipment; minimum distance from high-voltage lines.</HEAD>
<P>When any part of any equipment operated on the surface of any coal mine is required to pass under or by any energized high-voltage powerline and the clearance between such equipment and powerline is less than that specified in § 77.807-2 for booms and masts, such powerlines shall be deenergized or other precautions shall be taken. 


</P>
</DIV8>


<DIV8 N="§ 77.808" NODE="30:1.0.1.12.39.9.220.17" TYPE="SECTION">
<HEAD>§ 77.808   Disconnecting devices.</HEAD>
<P>Disconnecting devices shall be installed at the beginning of each branch line in high-voltage circuits and they shall be equipped or designed in such a manner that it can be determined by visual observation that the circuit is deenergized when such devices are open. 


</P>
</DIV8>


<DIV8 N="§ 77.809" NODE="30:1.0.1.12.39.9.220.18" TYPE="SECTION">
<HEAD>§ 77.809   Identification of circuit breakers and disconnecting switches.</HEAD>
<P>Circuit breakers and disconnecting switches shall be labeled to show which units they control, unless identification can be made readily by location. 


</P>
</DIV8>


<DIV8 N="§ 77.810" NODE="30:1.0.1.12.39.9.220.19" TYPE="SECTION">
<HEAD>§ 77.810   High-voltage equipment; grounding.</HEAD>
<P>Frames, supporting structures, and enclosures of stationary, portable, or mobile high-voltage equipment shall be effectively grounded. 


</P>
</DIV8>


<DIV8 N="§ 77.811" NODE="30:1.0.1.12.39.9.220.20" TYPE="SECTION">
<HEAD>§ 77.811   Movement of portable substations and transformers.</HEAD>
<P>Portable substations and transformers shall be deenergized before they are moved from one location to another. 


</P>
</DIV8>

</DIV6>


<DIV6 N="J" NODE="30:1.0.1.12.39.10" TYPE="SUBPART">
<HEAD>Subpart J—Low- and Medium-Voltage Alternating Current Circuits</HEAD>


<DIV8 N="§ 77.900" NODE="30:1.0.1.12.39.10.220.1" TYPE="SECTION">
<HEAD>§ 77.900   Low- and medium-voltage circuits serving portable or mobile three-phase alternating current equipment; circuit breakers.</HEAD>
<P>Low- and medium-voltage circuits supplying power to portable or mobile three-phase alternating current equipment shall be protected by suitable circuit breakers of adequate interrupting capacity which are properly tested and maintained and equipped with devices to provide protection against undervoltage, grounded phase, short circuit, and over-current. 


</P>
</DIV8>


<DIV8 N="§ 77.900-1" NODE="30:1.0.1.12.39.10.220.2" TYPE="SECTION">
<HEAD>§ 77.900-1   Testing, examination, and maintenance of circuit breakers; procedures.</HEAD>
<P>Circuit breakers protecting low- and medium-voltage circuits serving portable or mobile three-phase alternating current equipment and their auxiliary devices shall be tested and examined at least once each month by a person qualified as provided in § 77.103. In performing such tests, the circuit breaker auxiliaries or control circuits shall be actuated in any manner which causes the circuit breaker to open. All components of the circuit breaker and its auxiliary devices shall be visually examined and such repairs or adjustments as are indicated by such tests and examinations shall be carried out immediately. 


</P>
</DIV8>


<DIV8 N="§ 77.900-2" NODE="30:1.0.1.12.39.10.220.3" TYPE="SECTION">
<HEAD>§ 77.900-2   Testing, examination, and maintenance of circuit breakers; record.</HEAD>
<P>The operator shall maintain a written record of each test, examination, repair or adjustment of all circuit breakers protecting low- and medium-voltage circuits serving three-phase alternating current equipment and such record shall be kept in a book approved by the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 77.901" NODE="30:1.0.1.12.39.10.220.4" TYPE="SECTION">
<HEAD>§ 77.901   Protection of low- and medium-voltage three-phase circuits.</HEAD>
<P>(a) Low- and medium-voltage circuits supplying power to portable or mobile three-phase alternating equipment shall contain: 
</P>
<P>(1) Either a direct or derived neutral grounded through a suitable resistor at the power source; 
</P>
<P>(2) A grounding circuit originating at the grounded side of the grounding resistor which extends along with the power conductors and serves as a grounding conductor for the frames of all the electric equipment supplied power from the circuit. 
</P>
<P>(b) Grounding resistors, where required, shall be of an ohmic value which limits the ground fault current to no more than 25 amperes. Such grounding resistors shall be rated for maximum fault current continuously and provide insulation from ground for a voltage equal to the phase-to-phase voltage of the system. 
</P>
<P>(c) Low- and medium-voltage circuits supplying power to three-phase alternating current stationary electric equipment shall comply with the National Electric Code. 


</P>
</DIV8>


<DIV8 N="§ 77.901-1" NODE="30:1.0.1.12.39.10.220.5" TYPE="SECTION">
<HEAD>§ 77.901-1   Grounding resistor; continuous current rating.</HEAD>
<P>The ground fault current rating of grounding resistors shall meet the “extended time rating” set forth in American Institute of Electrical Engineers Standard No. 32. 


</P>
</DIV8>


<DIV8 N="§ 77.902" NODE="30:1.0.1.12.39.10.220.6" TYPE="SECTION">
<HEAD>§ 77.902   Low- and medium-voltage ground check monitor circuits.</HEAD>
<P>On and after September 30, 1971, three-phase low- and medium-voltage resistance grounded systems to portable and mobile equipment shall include a fail safe ground check circuit or other no less effective device approved by the Secretary to monitor continuously the grounding circuit to assure continuity. The fail safe ground check circuit shall cause the circuit breaker to open when either the ground or pilot check wire is broken. Cable couplers shall be constructed to cause the ground check continuity conductor to break first and the ground conductor last when being uncoupled when pilot check circuits are used. 


</P>
</DIV8>


<DIV8 N="§ 77.902-1" NODE="30:1.0.1.12.39.10.220.7" TYPE="SECTION">
<HEAD>§ 77.902-1   Fail safe ground check circuits; maximum voltage.</HEAD>
<P>The maximum voltage used for ground check circuits under § 77.902 shall not exceed 40 volts. 


</P>
</DIV8>


<DIV8 N="§ 77.902-2" NODE="30:1.0.1.12.39.10.220.8" TYPE="SECTION">
<HEAD>§ 77.902-2   Approved ground check systems not employing pilot check wires.</HEAD>
<P>Ground check systems not employing pilot check wires shall be approved by the Secretary only after it has been determined that the system includes a fail safe design causing the circuit breaker to open when ground continuity is broken. 


</P>
</DIV8>


<DIV8 N="§ 77.902-3" NODE="30:1.0.1.12.39.10.220.9" TYPE="SECTION">
<HEAD>§ 77.902-3   Attachment of ground conductors and ground check wires to equipment frames; use of separate connections.</HEAD>
<P>In grounding the frames of stationary, portable, or mobile equipment receiving power from resistance grounded systems, separate connections shall be used. 


</P>
</DIV8>


<DIV8 N="§ 77.903" NODE="30:1.0.1.12.39.10.220.10" TYPE="SECTION">
<HEAD>§ 77.903   Disconnecting devices.</HEAD>
<P>Disconnecting devices shall be installed in circuits supplying power to portable or mobile equipment and shall provide visual evidence that the power is disconnected. 


</P>
</DIV8>


<DIV8 N="§ 77.904" NODE="30:1.0.1.12.39.10.220.11" TYPE="SECTION">
<HEAD>§ 77.904   Identification of circuit breakers.</HEAD>
<P>Circuit breakers shall be labeled to show which circuits they control unless identification can be made readily by location. 


</P>
</DIV8>


<DIV8 N="§ 77.905" NODE="30:1.0.1.12.39.10.220.12" TYPE="SECTION">
<HEAD>§ 77.905   Connection of single-phase loads.</HEAD>
<P>Single-phase loads shall be connected phase-to-phase in resistance grounded systems. 


</P>
</DIV8>


<DIV8 N="§ 77.906" NODE="30:1.0.1.12.39.10.220.13" TYPE="SECTION">
<HEAD>§ 77.906   Trailing cables supplying power to low-voltage mobile equipment; ground wires and ground check wires.</HEAD>
<P>On and after September 30, 1971, all trailing cables supplying power to portable or mobile equipment from low-voltage three-phase resistance grounded power systems shall contain one or more ground conductors having a cross-sectional area of not less than one-half the power conductor. Such trailing cables shall include an insulated conductor for the ground continuity check circuit except where a no less effective device has been approved by the Secretary to assure continuity. Splices made in low-voltage trailing cables shall provide continuity of all components. 


</P>
</DIV8>

</DIV6>


<DIV6 N="K" NODE="30:1.0.1.12.39.11" TYPE="SUBPART">
<HEAD>Subpart K—Ground Control</HEAD>


<DIV8 N="§ 77.1000" NODE="30:1.0.1.12.39.11.220.1" TYPE="SECTION">
<HEAD>§ 77.1000   Highwalls, pits and spoil banks; plans.</HEAD>
<P>Each operator shall establish and follow a ground control plan for the safe control of all highwalls, pits and spoil banks to be developed after June 30, 1971, which shall be consistent with prudent engineering design and will insure safe working conditions. The mining methods employed by the operator shall be selected to insure highwall and spoil bank stability. 


</P>
</DIV8>


<DIV8 N="§ 77.1000-1" NODE="30:1.0.1.12.39.11.220.2" TYPE="SECTION">
<HEAD>§ 77.1000-1   Filing of plan.</HEAD>
<P>The operator shall file a copy of such plan, and revisions thereof, with the MSHA Coal Mine Safety and Health district office for the district in which the mine is located, and shall identify the name and location of the mine; the Mine Safety and Health Administration identification number if known; and the name and address of the mine operator.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995; 71 FR 16669, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 77.1001" NODE="30:1.0.1.12.39.11.220.3" TYPE="SECTION">
<HEAD>§ 77.1001   Stripping; loose material.</HEAD>
<P>Loose hazardous material shall be stripped for a safe distance from the top of pit or highwalls, and the loose unconsolidated material shall be sloped to the angle of repose, or barriers, baffle boards, screens, or other devices be provided that afford equivalent protection. 


</P>
</DIV8>


<DIV8 N="§ 77.1002" NODE="30:1.0.1.12.39.11.220.4" TYPE="SECTION">
<HEAD>§ 77.1002   Box cuts; spoil material placement.</HEAD>
<P>When box cuts are made, necessary precautions shall be taken to minimize the possibility of spoil material rolling into the pit. 


</P>
</DIV8>


<DIV8 N="§ 77.1003" NODE="30:1.0.1.12.39.11.220.5" TYPE="SECTION">
<HEAD>§ 77.1003   Benches.</HEAD>
<P>To insure safe operation, the width and height of benches shall be governed by the type of equipment to be used and the operation to be performed. 


</P>
</DIV8>


<DIV8 N="§ 77.1004" NODE="30:1.0.1.12.39.11.220.6" TYPE="SECTION">
<HEAD>§ 77.1004   Ground control; inspection and maintenance; general.</HEAD>
<P>(a) Highwalls, banks, benches, and terrain sloping into the working areas shall be examined after every rain, freeze, or thaw before men work in such areas, and such examination shall be made and recorded in accordance with § 77.1713. 
</P>
<P>(b) Overhanging highwalls and banks shall be taken down and other unsafe ground conditions shall be corrected promptly, or the area shall be posted. 


</P>
</DIV8>


<DIV8 N="§ 77.1005" NODE="30:1.0.1.12.39.11.220.7" TYPE="SECTION">
<HEAD>§ 77.1005   Scaling highwalls; general.</HEAD>
<P>(a) Hazardous areas shall be scaled before any other work is performed in the hazardous area. When scaling of highwalls is necessary to correct conditions that are hazardous to persons in the area, a safe means shall be provided for performing such work. 
</P>
<P>(b) Whenever it becomes necessary for safety to remove hazardous material from highwalls by hand, the hazardous material shall be approached from a safe direction and the material removed from a safe location. 


</P>
</DIV8>


<DIV8 N="§ 77.1006" NODE="30:1.0.1.12.39.11.220.8" TYPE="SECTION">
<HEAD>§ 77.1006   Highwalls; men working.</HEAD>
<P>(a) Men, other than those necessary to correct unsafe conditions, shall not work near or under dangerous highwalls or banks. 
</P>
<P>(b) Except as provided in paragraph (c) of this section, men shall not work between equipment and the highwall or spoil bank where the equipment may hinder escape from falls or slides. 
</P>
<P>(c) Special safety precautions shall be taken when men are required to perform repair work between immobilized equipment and the highwall or spoil bank and such equipment may hinder escape from falls or slides. 


</P>
</DIV8>


<DIV8 N="§ 77.1007" NODE="30:1.0.1.12.39.11.220.9" TYPE="SECTION">
<HEAD>§ 77.1007   Drilling; general.</HEAD>
<P>(a) Equipment that is to be used during a shift shall be inspected each shift by a competent person. Equipment defects affecting safety shall be reported. 
</P>
<P>(b) Equipment defects affecting safety shall be corrected before the equipment is used. 


</P>
</DIV8>


<DIV8 N="§ 77.1008" NODE="30:1.0.1.12.39.11.220.10" TYPE="SECTION">
<HEAD>§ 77.1008   Relocation of drills; safeguards.</HEAD>
<P>(a) When a drill is being moved from one drilling area to another, drill steel, tools, and other equipment shall be secured and the mast placed in a safe position. 
</P>
<P>(b) When a drill helper is used his location shall be made known to the operator at all times when the drill is being moved. 


</P>
</DIV8>


<DIV8 N="§ 77.1009" NODE="30:1.0.1.12.39.11.220.11" TYPE="SECTION">
<HEAD>§ 77.1009   Drill; operation.</HEAD>
<P>(a) While in operation drills shall be attended at all times. 
</P>
<P>(b) Men shall not drill from positions that hinder their access to the control levers, or from insecure footing or staging, or from atop equipment not designed for this purpose. 
</P>
<P>(c) Men shall not be on a mast while the drill bit is in operation unless a safe platform is provided and safety belts are used. 
</P>
<P>(d) Drill crews and others shall stay clear of augers or drill stems that are in motion. Persons shall not pass under or step over a moving stem or auger. 
</P>
<P>(e) In the event of power failure, drill controls shall be placed in the neutral position until power is restored. 
</P>
<P>(f) When churn drills or vertical rotary drills are used, drillers shall not be permitted to work under suspended tools, and when collaring holes, inspecting, or during any operation in which tools are removed from the hole, all tools shall be lowered to the ground or platform. 


</P>
</DIV8>


<DIV8 N="§ 77.1010" NODE="30:1.0.1.12.39.11.220.12" TYPE="SECTION">
<HEAD>§ 77.1010   Collaring holes.</HEAD>
<P>(a) Starter steels shall be used when collaring holes with hand-held drills. 
</P>
<P>(b) Men shall not hold the drill steel while collaring holes, or rest their hands on the chuck or centralizer while drilling. 


</P>
</DIV8>


<DIV8 N="§ 77.1011" NODE="30:1.0.1.12.39.11.220.13" TYPE="SECTION">
<HEAD>§ 77.1011   Drill holes; guarding.</HEAD>
<P>Drill holes large enough to constitute a hazard shall be covered or guarded. 


</P>
</DIV8>


<DIV8 N="§ 77.1012" NODE="30:1.0.1.12.39.11.220.14" TYPE="SECTION">
<HEAD>§ 77.1012   Jackhammers; operation; safeguards.</HEAD>
<P>Men operating or working near jackhammers or jackleg drills, or other drilling machines shall position themselves so that they will not be struck or lose their balance if the drill steel breaks or sticks. 


</P>
</DIV8>


<DIV8 N="§ 77.1013" NODE="30:1.0.1.12.39.11.220.15" TYPE="SECTION">
<HEAD>§ 77.1013   Air drills; safeguards.</HEAD>
<P>Air shall be turned off and bled from the air hoses before hand-held air drills are moved from one working area to another. 


</P>
</DIV8>

</DIV6>


<DIV6 N="L" NODE="30:1.0.1.12.39.12" TYPE="SUBPART">
<HEAD>Subpart L—Fire Protection</HEAD>


<DIV8 N="§ 77.1100" NODE="30:1.0.1.12.39.12.220.1" TYPE="SECTION">
<HEAD>§ 77.1100   Fire protection; training and organization.</HEAD>
<P>Firefighting facilities and equipment shall be provided commensurate with the potential fire hazards at each structure, enclosure and other facility (including custom coal preparation) at the mine and the employees at such facilities shall be instructed and trained annually in the use of such firefighting facilities and equipment. 


</P>
</DIV8>


<DIV8 N="§ 77.1101" NODE="30:1.0.1.12.39.12.220.2" TYPE="SECTION">
<HEAD>§ 77.1101   Escape and evacuation; plan.</HEAD>
<P>(a) Before September 30, 1971, each operator of a mine shall establish and keep current a specific escape and evacuation plan to be followed in the event of a fire. 
</P>
<P>(b) All employees shall be instructed on current escape and evacuation plans, fire alarm signals, and applicable procedures to be followed in case of fire. 
</P>
<P>(c) Plans for escape and evacuation shall include the designation and proper maintenance of adequate means for exit from all areas where persons are required to work or travel including buildings and equipment and in areas where persons normally congregate during the work shift.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1102" NODE="30:1.0.1.12.39.12.220.3" TYPE="SECTION">
<HEAD>§ 77.1102   Warning signs; smoking and open flame.</HEAD>
<P>Signs warning against smoking and open flames shall be posted so they can be readily seen in areas or places where fire or explosion hazards exist. 


</P>
</DIV8>


<DIV8 N="§ 77.1103" NODE="30:1.0.1.12.39.12.220.4" TYPE="SECTION">
<HEAD>§ 77.1103   Flammable liquids; storage.</HEAD>
<P>(a) Flammable liquids shall be stored in accordance with standards of the National Fire Protection Association. Small quantities of flammable liquids drawn from storage shall be kept in properly identified safety cans. 
</P>
<P>(b) Unburied flammable-liquid storage tanks shall be mounted securely on firm foundations. Outlet piping shall be provided with flexible connections or other special fittings to prevent adverse effects from tank settling. 
</P>
<P>(c) Fuel lines shall be equipped with valves to cut off fuel at the source and shall be located and maintained to minimize fire hazards. 
</P>
<P>(d) Areas surrounding flammable-liquid storage tanks and electric substations and transformers shall be kept free from grass (dry), weeds, underbrush, and other combustible materials such as trash, rubbish, leaves and paper, for at least 25 feet in all directions. 


</P>
</DIV8>


<DIV8 N="§ 77.1104" NODE="30:1.0.1.12.39.12.220.5" TYPE="SECTION">
<HEAD>§ 77.1104   Accumulations of combustible materials.</HEAD>
<P>Combustible materials, grease, lubricants, paints, or flammable liquids shall not be allowed to accumulate where they can create a fire hazard. 


</P>
</DIV8>


<DIV8 N="§ 77.1105" NODE="30:1.0.1.12.39.12.220.6" TYPE="SECTION">
<HEAD>§ 77.1105   Internal combustion engines; fueling.</HEAD>
<P>Internal combustion engines, except diesels, shall be shut off and stopped before being fueled. 


</P>
</DIV8>


<DIV8 N="§ 77.1106" NODE="30:1.0.1.12.39.12.220.7" TYPE="SECTION">
<HEAD>§ 77.1106   Battery-charging stations; ventilation.</HEAD>
<P>Battery-charging stations shall be located in well-ventilated areas. Battery-charging stations shall be equipped with reverse current protection where such stations are connected directly to direct current power systems. 


</P>
</DIV8>


<DIV8 N="§ 77.1107" NODE="30:1.0.1.12.39.12.220.8" TYPE="SECTION">
<HEAD>§ 77.1107   Belt conveyors.</HEAD>
<P>Belt conveyors in locations where fire would create a hazard to personnel shall be provided with switches to stop the drive pulley automatically in the event of excessive slippage. 


</P>
</DIV8>


<DIV8 N="§ 77.1108" NODE="30:1.0.1.12.39.12.220.9" TYPE="SECTION">
<HEAD>§ 77.1108   Firefighting equipment; requirements; general.</HEAD>
<P>On and after September 30, 1971, each operator of a coal mine shall provide an adequate supply of firefighting equipment which is adapted to the size and suitable for use under the conditions present on the surface at the mine. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1108-1" NODE="30:1.0.1.12.39.12.220.10" TYPE="SECTION">
<HEAD>§ 77.1108-1   Type and capacity of firefighting equipment.</HEAD>
<P>Firefighting equipment required under this § 77.1108 shall meet the following minimum requirements: 
</P>
<P>(a) <I>Waterlines.</I> Waterlines shall be capable of delivering 50 gallons of water a minute at a nozzle pressure of 50 pounds per square inch. Where storage tanks are used as a source of water supply, the tanks shall be of 1,000-gallon capacity for each 1,000 tons of coal processed (average) per shift. 
</P>
<P>(b) <I>Fire extinguishers.</I> Fire extinguishers shall be: 
</P>
<P>(1) Of the appropriate type for the particular fire hazard involved; 
</P>
<P>(2) Adequate in number and size for the particular fire hazard involved; 
</P>
<P>(3) Replaced immediately with fully charged extinguishers after any discharge is made from an extinguisher; and 
</P>
<P>(4) Approved by the Underwriter's Laboratories, Inc., or the Factory Mutual Research Corp., or other competent testing agency acceptable to the Mine Safety and Health Administration. 
</P>
<P>(c) <I>Fire hose.</I> Fire hose and couplings shall meet the requirements of the Underwriter's Laboratories, Inc., or Factory Mutual Research Corp.'s specifications. Cotton or cotton-polyester jacketed hose shall be treated in accordance with the U.S. Department of Agriculture Forest Service Specification 182 for mildew resistance. The water pressure at the hose nozzle shall not be excessively high so as to present a hazard to the nozzle operator.
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 47 FR 28096, June 29, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 77.1109" NODE="30:1.0.1.12.39.12.220.11" TYPE="SECTION">
<HEAD>§ 77.1109   Quantity and location of firefighting equipment.</HEAD>
<P>Preparation plants, dryer plants, tipples, drawoff tunnels, shops, and other surface installations shall be equipped with the following firefighting equipment. 
</P>
<P>(a) Each structure presenting a fire hazard shall be provided with portable fire extinguishers commensurate with the potential fire hazard at the structure in accordance with the recommendations of the National Fire Protection Association. 
</P>
<P>(b) Preparation plants shall be equipped with waterlines, with outlet valves on each floor, and with sufficient fire hose to project a water stream to any point in the plant. However, where freezing conditions exist or water is not available, a 125-pound multipurpose dry powder extinguisher may be substituted for the purposes of this paragraph (b) for each 2,500 square feet of floor space in a wooden or other flammable structure, or for each 5,000 square feet of floor space in a metal, concrete-block, or other type of non-flammable construction. 
</P>
<P>(c)(1) Mobile equipment, including trucks, front-end loaders, bulldozers, portable welding units, and augers, shall be equipped with at least one portable fire extinguisher. 
</P>
<P>(2) Power shovels, draglines, and other large equipment shall be equipped with at least one portable fire extinguisher; however, additional fire extinguishers may be required by an authorized representative of the Secretary. 
</P>
<P>(3) Auxiliary equipment such as portable drills, sweepers, and scrapers, when operated more than 600 feet from equipment required to have portable fire extinguishers, shall be equipped with at least one fire extinguisher. 
</P>
<P>(d) Fire extinguishers shall be provided at permanent electrical installations commensurate with the potential fire hazard at such installation in accordance with the recommendations of the National Fire Protection Association. 
</P>
<P>(e) Two portable fire extinguishers, or the equivalent, shall be provided at each of the following combustible liquid storage installations: 
</P>
<P>(1) Near each above ground or unburied combustible liquid storage station; and, 
</P>
<P>(2) Near the transfer pump of each buried combustible liquid storage tank. 
</P>
<P>(f) Vehicles transporting explosives and blasting agents shall be equipped with fire protection as recommended in Code 495, section 20, National Fire Protection Association Handbook, 12th Edition, 1962. 


</P>
</DIV8>


<DIV8 N="§ 77.1110" NODE="30:1.0.1.12.39.12.220.12" TYPE="SECTION">
<HEAD>§ 77.1110   Examination and maintenance of firefighting equipment.</HEAD>
<P>Firefighting equipment shall be continuously maintained in a usable and operative condition. Fire extinguishers shall be examined at least once every 6 months and the date of such examination shall be recorded on a permanent tag attached to the extinguisher.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 77.1111" NODE="30:1.0.1.12.39.12.220.13" TYPE="SECTION">
<HEAD>§ 77.1111   Welding, cutting, soldering; use of fire extinguisher.</HEAD>
<P>One portable fire extinguisher shall be provided at each location where welding, cutting, or soldering with arc or flame is performed. 


</P>
</DIV8>


<DIV8 N="§ 77.1112" NODE="30:1.0.1.12.39.12.220.14" TYPE="SECTION">
<HEAD>§ 77.1112   Welding, cutting, or soldering with arc or flame; safeguards.</HEAD>
<P>(a) When welding, cutting, or soldering with arc or flame near combustible materials, suitable precautions shall be taken to insure that smoldering metal or sparks do not result in a fire. 
</P>
<P>(b) Before welding, cutting, or soldering is performed in areas likely to contain methane, an examination for methane shall be made by a qualified person with a device approved by the Secretary for detecting methane. Examinations for methane shall be made immediately before and periodically during welding, cutting, or soldering and such work shall not be permitted to commence or continue in air which contains 1.0 volume per centum or more of methane. 


</P>
</DIV8>

</DIV6>


<DIV6 N="M" NODE="30:1.0.1.12.39.13" TYPE="SUBPART">
<HEAD>Subpart M—Maps</HEAD>


<DIV8 N="§ 77.1200" NODE="30:1.0.1.12.39.13.220.1" TYPE="SECTION">
<HEAD>§ 77.1200   Mine map.</HEAD>
<P>The operator shall maintain an accurate and up-to-date map of the mine, on a scale of not less than 100 nor more than 500 feet to the inch, at or near the mine, in an area chosen by the mine operator, with a duplicate copy on file at a separate and distinct location, to minimize the danger of destruction by fire or other hazard. The map shall show: 
</P>
<P>(a) Name and address of the mine; 
</P>
<P>(b) The property or boundary lines of the active areas of the mine; 
</P>
<P>(c) Contour lines passing through whole number elevations of the coalbed being mined. The spacing of such lines shall not exceed 25-foot elevation levels, except that a broader spacing of contour lines may be approved by the District Manager for steeply pitching coalbeds. Contour lines may be placed on overlays or tracings attached to mine maps. 
</P>
<P>(d) The general elevation of the coalbed or coalbeds being mined, and the general elevation of the surface; 
</P>
<P>(e) Either producing or abandoned oil and gas wells located on the mine property; 
</P>
<P>(f) The location and elevation of any body of water dammed or held back in any portion of the mine: <I>Provided, however,</I> Such bodies of water may be shown on overlays or tracings attached to the mine maps; 
</P>
<P>(g) All prospect drill holes that penetrate the coalbed or coalbeds being mined on the mine property; 
</P>
<P>(h) All auger and strip mined areas of the coalbed or coalbeds being mined on the mine property together with the line of maximum depth of holes drilled during auger mining operations. 
</P>
<P>(i) All worked out and abandoned areas; 
</P>
<P>(j) The location of railroad tracks and public highways leading to the mine, and mine buildings of a permanent nature with identifying names shown; 
</P>
<P>(k) Underground mine workings underlying and within 1,000 feet of the active areas of the mine; 
</P>
<P>(l) The location and description of at least two permanent base line points, and the location and description of at least two permanent elevation bench marks used in connection with establishing or referencing mine elevation surveys; and, 
</P>
<P>(m) The scale of the map. 


</P>
</DIV8>


<DIV8 N="§ 77.1201" NODE="30:1.0.1.12.39.13.220.2" TYPE="SECTION">
<HEAD>§ 77.1201   Certification of mine maps.</HEAD>
<P>Mine maps shall be made or certified by an engineer or surveyor registered by the State in which the mine is located. 


</P>
</DIV8>


<DIV8 N="§ 77.1202" NODE="30:1.0.1.12.39.13.220.3" TYPE="SECTION">
<HEAD>§ 77.1202   Availability of mine map.</HEAD>
<P>The mine map maintained in accordance with the provisions of § 77.1200 shall be available for inspection by the Secretary or his authorized representative. 


</P>
</DIV8>

</DIV6>


<DIV6 N="N" NODE="30:1.0.1.12.39.14" TYPE="SUBPART">
<HEAD>Subpart N—Explosives and Blasting</HEAD>


<DIV8 N="§ 77.1300" NODE="30:1.0.1.12.39.14.220.1" TYPE="SECTION">
<HEAD>§ 77.1300   Explosives and blasting.</HEAD>
<P>(a) No explosives, blasting agent, detonator, or any other related blasting device or material shall be stored, transported, carried, handled, charged, fired, destroyed, or otherwise used, employed or disposed of by any person at a coal mine except in accordance with the provisions of §§ 77.1301 through 77.1304, inclusive. 
</P>
<P>(b) The term “explosives” as used in this Subpart N includes blasting agents. The standards in this Subpart N in which the term “explosives” appears are applicable to blasting agents (as well as to other explosives) unless blasting agents are expressly excluded. 


</P>
</DIV8>


<DIV8 N="§ 77.1301" NODE="30:1.0.1.12.39.14.220.2" TYPE="SECTION">
<HEAD>§ 77.1301   Explosives; magazines.</HEAD>
<P>(a) Detonators and explosives other than blasting agents shall be stored in magazines. 
</P>
<P>(b) Detonators shall not be stored in the same magazine with explosives. 
</P>
<P>(c) Magazines other than box type shall be: 
</P>
<P>(1) Located in accordance with the current American Table of Distances for storage of explosives. 
</P>
<P>(2) Detached structures located away from powerlines, fuel storage areas, and other possible sources of fire. 
</P>
<P>(3) Constructed substantially of noncombustible material or covered with fire-resistant material. 
</P>
<P>(4) Reasonably bullet resistant. 
</P>
<P>(5) Electrically bonded and grounded if constructed of metal. 
</P>
<P>(6) Made of nonsparking materials on the inside, including floors. 
</P>
<P>(7) Provided with adequate and effectively screened ventilation openings near the floor and ceiling. 
</P>
<P>(8) Kept locked securely when unattended. 
</P>
<P>(9) Posted with suitable danger signs so located that a bullet passing through the face of a sign will not strike the magazine. 
</P>
<P>(10) Used exclusively for storage of explosives or detonators and kept free of all extraneous materials. 
</P>
<P>(11) Kept clean and dry in the interior, and in good repair. 
</P>
<P>(12) Unheated, unless heated in a manner that does not create a fire or explosion hazard. 
</P>
<P>(d) Box-type magazines used to store explosives or detonators in work areas shall be constructed with only nonsparking material inside and equipped with covers or doors and shall be located out of the line of blasts. 
</P>
<P>(e) Secondary and box-type magazines shall be suitably labeled. 
</P>
<P>(f) Detonator-storage magazines shall be separated by at least 25 feet from explosive-storage magazines. 
</P>
<P>(g) Cases or boxes containing explosives shall not be stored in magazines on their ends or sides nor stacked more than 6 feet high. 
</P>
<P>(h) Ammonium nitrate-fuel oil blasting agents shall be physically separated from other explosives, safety fuse, or detonating cord stored in the same magazine and in such a manner that oil does not contaminate the other explosives, safety fuse or detonating cord. 


</P>
</DIV8>


<DIV8 N="§ 77.1302" NODE="30:1.0.1.12.39.14.220.3" TYPE="SECTION">
<HEAD>§ 77.1302   Vehicles used to transport explosives.</HEAD>
<P>(a) Vehicles used to transport explosives, other than blasting agents, shall have substantially constructed bodies, no sparking metal exposed in the cargo space, and shall be equipped with suitable sides and tail gates; explosives shall not be piled higher than the side or end. 
</P>
<P>(b) Vehicles containing explosives or detonators shall be maintained in good condition and shall be operated at a safe speed and in accordance with all safe operating practices. 
</P>
<P>(c) Vehicles containing explosives or detonators shall be posted with proper warning signs. 
</P>
<P>(d) Other materials or supplies shall not be placed on or in the cargo space of a conveyance containing explosives, detonating cord or detonators, except for safety fuse and except for properly secured nonsparking equipment used expressly in the handling of such explosives, detonating cord or detonators. 
</P>
<P>(e) Explosives and detonators shall be transported in separate vehicles unless separated by 4 inches of hardwood or the equivalent. 
</P>
<P>(f) Explosives or detonators shall be transported promptly without undue delays in transit. 
</P>
<P>(g) Explosives or detonators shall be transported at times and over routes that expose a minimum number of persons. 
</P>
<P>(h) Only the necessary attendants shall ride on or in vehicles containing explosives or detonators. 
</P>
<P>(i) Vehicles shall be attended, whenever practical and possible, while loaded with explosives or detonators. 
</P>
<P>(j) When vehicles containing explosives or detonators are parked, the brakes shall be set, the motive power shut off, and the vehicles shall be blocked securely against rolling. 
</P>
<P>(k) Vehicles containing explosives or detonators shall not be taken to a repair garage or shop for any purpose. 


</P>
</DIV8>


<DIV8 N="§ 77.1303" NODE="30:1.0.1.12.39.14.220.4" TYPE="SECTION">
<HEAD>§ 77.1303   Explosives, handling and use.</HEAD>
<P>(a) Persons who use or handle explosives or detonators shall be experienced men who understand the hazards involved; trainees shall do such work only under the supervision of and in the immediate presence of experienced men. 
</P>
<P>(b) Blasting operations shall be under the direct control of authorized persons. 
</P>
<P>(c) Substantial nonconductive closed containers shall be used to carry explosives, other than blasting agents to the blasting site. 
</P>
<P>(d) Damaged or deteriorated explosives or detonators shall be destroyed in a safe manner. 
</P>
<P>(e) Where electric blasting is to be performed, electric circuits to equipment in the immediate area to be blasted shall be deenergized before explosives or detonators are brought into the area; the power shall not be turned on again until after the shots are fired. 
</P>
<P>(f) Explosives shall be kept separated from detonators until charging is started. 
</P>
<P>(g) Areas in which charged holes are awaiting firing shall be guarded, or barricaded and posted, or flagged against unauthorized entry. 
</P>
<P>(h) Ample warning shall be given before blasts are fired. All persons shall be cleared and removed from the blasting area unless suitable blasting shelters are provided to protect men endangered by concussion or flyrock from blasting. 
</P>
<P>(i) Lead wires and blasting lines shall not be strung across power conductors, pipelines, railroad tracks, or within 20 feet of bare powerlines. They shall be protected from sources of static or other electrical contact. 
</P>
<P>(j) For the protection of underground workers, special precautions shall be taken when blasting in close proximity to underground operations, and no blasting shall be done that would be hazardous to persons working underground. 
</P>
<P>(k) Holes shall not be drilled where there is danger of intersecting a charged or misfired hole. 
</P>
<P>(l) Only wooden or other nonsparking implements shall be used to punch holes in an explosive cartridge. 
</P>
<P>(m) Tamping poles shall be blunt and squared at one end and made of wood, nonsparking material, or of special plastic acceptable to the Mine Safety and Health Administration. 
</P>
<P>(n) Delay connectors for firing detonating cord shall be treated and handled with the same safety precautions as blasting caps and electric detonators. 
</P>
<P>(o) Capped primers shall be made up at the time of charging and as close to the blasting site as conditions allow. 
</P>
<P>(p) A capped primer shall be prepared so that the detonator is contained securely and is completely embedded within the explosive cartridge. 
</P>
<P>(q) No tamping shall be done directly on a capped primer. 
</P>
<P>(r) Detonating cord shall not be used if it has been kinked, bent, or otherwise handled in such a manner that the train of detonation may be interrupted. 
</P>
<P>(s) Fuse shall not be used if it has been kinked, bent sharply, or handled roughly in such a manner that the train of deflagration may be interrupted. 
</P>
<P>(t) Blasting caps shall be crimped to fuses only with implements designed for that specific purpose. 
</P>
<P>(u) When firing from 1 to 15 blast-holes with safety fuse ignited individually using hand-held lighters, the fuses shall be of such lengths to provide the minimum burning time specified in the following table for a particular size round: 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Number of holes in a round
</TH><TH class="gpotbl_colhed" scope="col">Minimum burning time, minutes
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">2
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2 to 5</TD><TD align="right" class="gpotbl_cell">2
<fr>2/3</fr>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6 to 10</TD><TD align="right" class="gpotbl_cell">3
<fr>1/3</fr>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">11 to 15</TD><TD align="right" class="gpotbl_cell">5</TD></TR></TABLE></DIV></DIV>
<FP>In no case shall any 40-second-per-foot safety fuse less than 36 inches long or any 30-second-per-foot safety fuse less than 48 inches long be used. 
</FP>
<P>(v) The burning rate of the safety fuse in use at any time shall be measured, posted in conspicuous locations, and brought to the attention of all men concerned with blasting. 
</P>
<P>(w) Electric detonators of different brands shall not be used in the same round. 
</P>
<P>(x) Adequate priming shall be employed to guard against misfires, increased toxic fumes, and poor performance. 
</P>
<P>(y) Except when being tested with a blasting galvanometer: 
</P>
<P>(1) Electric detonators shall be kept shunted until they are being connected to the blasting line or wired into a blasting round. 
</P>
<P>(2) Wired rounds shall be kept shunted until they are being connected to the blasting line. 
</P>
<P>(3) Blasting lines shall be kept shunted until immediately before blasting. 
</P>
<P>(z) Completely wired rounds shall be tested with a blasting galvanometer before connections are made to the blasting line. 
</P>
<P>(aa) Permanent blasting lines shall be properly supported, insulated, and kept in good repair. 
</P>
<P>(bb) At least a 5-foot airgap shall be provided between the blasting circuit and the power circuit. 
</P>
<P>(cc) When instantaneous blasting is performed, the double-trunkline or loop system shall be used in detonating-cord blasting. 
</P>
<P>(dd) When instantaneous blasting is performed, trunklines, in multiple-row blasts, shall make one or more complete loops, with crossties between loops at intervals of not over 200 feet. 
</P>
<P>(ee) All detonating cord knots shall be tight and all connections shall be kept at right angles to the trunklines. 
</P>
<P>(ff) Power sources shall be suitable for the number of electrical detonators to be fired and for the type of circuits used. 
</P>
<P>(gg) Electric circuits from the blasting switches to the blast area shall not be grounded. 
</P>
<P>(hh) Safety switches and blasting switches shall be labeled, encased in boxes, and arranged so that the covers of the boxes cannot be closed with the switches in the through-circuit or firing position. 
</P>
<P>(ii) Blasting switches shall be locked in the open position, except when closed to fire the blast. Lead wires shall not be connected to the blasting switch until the shot is ready to be fired. 
</P>
<P>(jj) The key or other control to an electrical firing device shall be entrusted only to the person designated to fire the round or rounds. 
</P>
<P>(kk) If branch circuits are used when blasts are fired from power circuits, safety switches located at safe distances from the blast areas shall be provided in addition to the main blasting switch. 
</P>
<P>(ll) Misfires shall be reported to the proper supervisor and shall be disposed of safely before any other work is performed in that blasting area. 
</P>
<P>(mm) When safety fuse has been used, men shall not return to misfired holes for at least 30 minutes. 
</P>
<P>(nn) When electric blasting caps have been used, men shall not return to misfired holes for at least 15 minutes. 
</P>
<P>(oo) If explosives are suspected of burning in a hole, all persons in the endangered area shall move to a safe location and no one should return to the hole until the danger has passed, but in no case within 1 hour. 
</P>
<P>(pp) Blasted areas shall be examined for undetonated explosives after each blast and undetonated explosives found shall be disposed of safely. 
</P>
<P>(qq) Blasted areas shall not be reentered by any person after firing until such time as concentrations of smoke, dust, or fumes have been reduced to safe limits. 
</P>
<P>(rr) In secondary blasting, if more than one shot is to be fired at one time, blasting shall be done electrically or with detonating cord. 
</P>
<P>(ss) Unused explosives and detonators shall be moved to a safe location as soon as charging operations are completed. 
</P>
<P>(tt) When electric detonators are used, charging shall be stopped immediately when the presence of static electricity or stray currents is detected; the condition shall be remedied before charging is resumed. 
</P>
<P>(uu) When electric detonators are used, charging shall be suspended and men withdrawn to a safe location upon the approach of an electrical storm. 


</P>
</DIV8>


<DIV8 N="§ 77.1304" NODE="30:1.0.1.12.39.14.220.5" TYPE="SECTION">
<HEAD>§ 77.1304   Blasting agents; special provisions.</HEAD>
<P>(a) Sensitized ammonium nitrate blasting agents, and the components thereof prior to mixing, shall be mixed and stored in accordance with the recommendations in Bureau of Mines Information Circular 8179, “Safety Recommendations for Sensitized Ammonium Nitrate Blasting Agents,” or subsequent revisions. 
</P>
<P>(b) Where pneumatic loading is employed, before any type of blasting operation using blasting agents is put into effect, an evaluation of the potential hazard of static electricity shall be made. Adequate steps, including the grounding and bonding of the conductive parts of pneumatic loading equipment, shall be taken to eliminate the hazard of static electricity before blasting agent use is commenced. 
</P>
<P>(c) Pneumatic loading equipment shall not be grounded to waterlines, airlines, rails, or the permanent electrical grounding systems. 
</P>
<P>(d) Hoses used in connection with pneumatic loading machines shall be of the semiconductive type, having a total resistance low enough to permit the dissipation of static electricity and high enough to limit the flow of stray electric currents to a safe level. Wire-countered hose shall not be used because of the potential hazard from stray electric currents. 


</P>
</DIV8>

</DIV6>


<DIV6 N="O" NODE="30:1.0.1.12.39.15" TYPE="SUBPART">
<HEAD>Subpart O—Personnel Hoisting</HEAD>


<DIV8 N="§ 77.1400" NODE="30:1.0.1.12.39.15.220.1" TYPE="SECTION">
<HEAD>§ 77.1400   Personnel hoists and elevators.</HEAD>
<P>Except as provided in § 77.1430, the sections in this Subpart O apply only to hoists and elevators, together with their appurtenances, that are used for hoisting persons.
</P>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[48 FR 53241, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 77.1401" NODE="30:1.0.1.12.39.15.220.2" TYPE="SECTION">
<HEAD>§ 77.1401   Automatic controls and brakes.</HEAD>
<P>Hoists and elevators shall be equipped with overspeed, overwind, and automatic stop controls and with brakes capable of stopping the elevator when fully loaded. 


</P>
</DIV8>


<DIV8 N="§ 77.1402" NODE="30:1.0.1.12.39.15.220.3" TYPE="SECTION">
<HEAD>§ 77.1402   Rated capacity.</HEAD>
<P>Hoists and elevators shall have rated capacities consistent with the loads handled. 
</P>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[48 FR 53241, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 77.1402-1" NODE="30:1.0.1.12.39.15.220.4" TYPE="SECTION">
<HEAD>§ 77.1402-1   Maximum load; posting.</HEAD>
<P>The operator shall designate the maximum number of men permitted to ride on each hoist or elevator at one time; this limit shall be posted on each elevator and on each landing. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971. Redesignated at 48 FR 53241, Nov. 25, 1983] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1403" NODE="30:1.0.1.12.39.15.220.5" TYPE="SECTION">
<HEAD>§ 77.1403   Daily examination of hoisting equipment.</HEAD>
<P>Hoists and elevators shall be examined daily and such examinations shall include, but not be limited to, the following: 
</P>
<P>(a) <I>Elevators.</I> (1) A visual examination of the ropes for wear, broken wires, and corrosion, especially at excessive strain points such as near the attachments and where the rope rests on the sheaves; 
</P>
<P>(2) An examination of the elevator for loose, missing or defective parts; 
</P>
<P>(b) <I>Hoists and elevators.</I> (1) An examination of the rope fastenings for defects; 
</P>
<P>(2) An examination of sheaves for broken flanges, defective bearings, rope alignment, and proper lubrication; and 
</P>
<P>(3) An examination of the automatic controls and brakes required under § 77.1401.
</P>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811) 
</SECAUTH>
<CITA TYPE="N">[48 FR 53241, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 77.1404" NODE="30:1.0.1.12.39.15.220.6" TYPE="SECTION">
<HEAD>§ 77.1404   Certifications and records of daily examinations.</HEAD>
<P>At the completion of each daily examination required by § 77.1403, the person making the examination shall certify, by signature and date, that the examination has been made. If any unsafe condition is found during the examinations required by § 77.1403, the person conducting the examination shall make a record of the condition and the date. Certifications and records shall be retained for one year. 
</P>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[48 FR 53241, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 77.1405" NODE="30:1.0.1.12.39.15.220.7" TYPE="SECTION">
<HEAD>§ 77.1405   Operation of hoisting equipment after repairs.</HEAD>
<P>Empty conveyances shall be operated at least one round trip before hoisting persons after any repairs.
</P>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[48 FR 53241, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV7 N="220" NODE="30:1.0.1.12.39.15.220" TYPE="SUBJGRP">
<HEAD>Wire Ropes</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>Sections 77.1430 through 77.1438 issued under sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>Sections 77.1430 through 77.1438 appear at 48 FR 53241, Nov. 25, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 77.1430" NODE="30:1.0.1.12.39.15.220.8" TYPE="SECTION">
<HEAD>§ 77.1430   Wire ropes; scope.</HEAD>
<P>(a) Sections 77.1431 through 77.1438 apply to wire ropes in service used to hoist—
</P>
<P>(1) Persons in shafts and slopes underground;
</P>
<P>(2) Persons with an incline hoist on the surface; or
</P>
<P>(3) Loads in shaft or slope development when persons work below suspended loads.
</P>
<P>(b) These standards do not apply to wire ropes used for elevators.


</P>
</DIV8>


<DIV8 N="§ 77.1431" NODE="30:1.0.1.12.39.15.220.9" TYPE="SECTION">
<HEAD>§ 77.1431   Minimum rope strength.</HEAD>
<P>At installation, the nominal strength (manufacturer's published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which “L” equals the maximum suspended rope length in feet:
</P>
<P>(a) <I>Winding drum ropes</I> (all constructions, including rotation resistant).
</P>
<EXTRACT>
<FP-2>For rope lengths less than 3,000 feet:
</FP-2>
<FP1-2>Minimum Value = Static Load × (7.0−0.001L)
</FP1-2>
<FP-2>For rope lengths 3,000 feet or greater:
</FP-2>
<FP1-2>Minimum Value = Static Load × 4.0</FP1-2></EXTRACT>
<P>(b) <I>Friction drum ropes.</I>
</P>
<EXTRACT>
<FP-2>For rope lengths less than 4,000 feet:
</FP-2>
<FP1-2>Minimum Value = Static Load × (7.0−0.0005L)
</FP1-2>
<FP-2>For rope lengths 4,000 feet or greater:
</FP-2>
<FP1-2>Minimum Value = Static Load × 5.0</FP1-2></EXTRACT>
<P>(c) <I>Tail ropes</I> (balance ropes).
</P>
<EXTRACT>
<FP-2>Minimum Value = Weight of Rope × 7.0</FP-2></EXTRACT>
<CITA TYPE="N">[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 77.1432" NODE="30:1.0.1.12.39.15.220.10" TYPE="SECTION">
<HEAD>§ 77.1432   Initial measurement.</HEAD>
<P>After initial rope stretch but before visible wear occurs, the rope diameter of newly installed wire ropes shall be measured at least once in every third interval of active length and the measurements averaged to establish a baseline for subsequent measurements. A record of the measurements and the date shall be made by the person taking the measurements. This record shall be retained until the rope is retired from service.
</P>
<CITA TYPE="N">[48 FR 53241, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 77.1433" NODE="30:1.0.1.12.39.15.220.11" TYPE="SECTION">
<HEAD>§ 77.1433   Examinations.</HEAD>
<P>(a) At least once every fourteen calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change-of-layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be examined on a daily basis.
</P>
<P>(b) Before any person is hoisted with a newly installed wire rope or any wire rope that has not been examined in the previous fourteen calendar days, the wire rope shall be examined in accordance with paragraph (a) of this section.
</P>
<P>(c) At least once every six months, nondestructive tests shall be conducted of the active length of the rope, or rope diameter measurements shall be made—
</P>
<P>(1) Wherever wear is evident;
</P>
<P>(2) Where the hoist rope rests on sheaves at regular stopping points;
</P>
<P>(3) Where the hoist rope leaves the drum at regular stopping points; and
</P>
<P>(4) At drum crossover and change-of-layer regions.
</P>
<P>(d) At the completion of each examination required by paragraph (a) of this section, the person making the examination shall certify, by signature and date, that the examination has been made. If any condition listed in paragraph (a) of this standard is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.
</P>
<P>(e) The person making the measurements or nondestructive tests as required by paragraph (c) of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.
</P>
<CITA TYPE="N">[48 FR 53241, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983, 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1434" NODE="30:1.0.1.12.39.15.220.12" TYPE="SECTION">
<HEAD>§ 77.1434   Retirement criteria.</HEAD>
<P>Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the following conditions occurs:
</P>
<P>(a) The number of broken wires within a rope lay length, excluding filler wires, exceeds either—
</P>
<P>(1) Five percent of the total number of wires; or
</P>
<P>(2) Fifteen percent of the total number of wires within any strand;
</P>
<P>(b) On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length;
</P>
<P>(c) A loss of more than one-third of the original diameter of the outer wires;
</P>
<P>(d) Rope deterioration from corrosion;
</P>
<P>(e) Distortion of the rope structure;
</P>
<P>(f) Heat damage from any source;
</P>
<P>(g) Diameter reduction due to wear that exceeds six percent of the baseline diameter measurement; or
</P>
<P>(h) Loss of more than ten percent of rope strength as determined by nondestructive testing. 


</P>
</DIV8>


<DIV8 N="§ 77.1435" NODE="30:1.0.1.12.39.15.220.13" TYPE="SECTION">
<HEAD>§ 77.1435   Load end attachments.</HEAD>
<P>(a) Wire rope shall be attached to the load by a method that develops at least 80 percent of the nominal strength of the rope.
</P>
<P>(b) Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer.
</P>
<P>(c) Load end attachment methods using splices are prohibited.


</P>
</DIV8>


<DIV8 N="§ 77.1436" NODE="30:1.0.1.12.39.15.220.14" TYPE="SECTION">
<HEAD>§ 77.1436   Drum end attachment.</HEAD>
<P>(a) For drum end attachment, wire rope shall be attached—
</P>
<P>(1) Securely by clips after making one full turn around the drum spoke; 
</P>
<P>(2) Securely by clips after making one full turn around the shaft, if the drum is fixed to the shaft; or 
</P>
<P>(3) By properly assembled anchor bolts, clamps, or wedges, provided that the attachment is a design feature of the hoist drum. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer. 
</P>
<P>(b) A minimum of three full turns of wire rope shall be on the drum when the rope is extended to its maximum working length. 


</P>
</DIV8>


<DIV8 N="§ 77.1437" NODE="30:1.0.1.12.39.15.220.15" TYPE="SECTION">
<HEAD>§ 77.1437   End attachment retermination.</HEAD>
<P>Damaged or deteriorated wire rope shall be removed by cutoff and the rope reterminated where there is—
</P>
<P>(a) More than one broken wire at an attachment; 
</P>
<P>(b) Improper installation of an attachment; 
</P>
<P>(c) Slippage at an attachment; or 
</P>
<P>(d) Evidence of deterioration from corrosion at an attachment. 


</P>
</DIV8>


<DIV8 N="§ 77.1438" NODE="30:1.0.1.12.39.15.220.16" TYPE="SECTION">
<HEAD>§ 77.1438   End attachment replacement.</HEAD>
<P>Wire rope attachments shall be replaced when cracked, deformed, or excessively worn. 


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="P" NODE="30:1.0.1.12.39.16" TYPE="SUBPART">
<HEAD>Subpart P—Auger Mining</HEAD>


<DIV8 N="§ 77.1500" NODE="30:1.0.1.12.39.16.221.1" TYPE="SECTION">
<HEAD>§ 77.1500   Auger mining; planning.</HEAD>
<P>Auger mining shall be planned and conducted by the operator to insure against any hazard to underground workings located at or near such auger operations and all auger holes shall be located so as to prevent: 
</P>
<P>(a) The disruption of the ventilation system of any active underground mine; 
</P>
<P>(b) Inundation hazards from surface water entering any active underground mine; 
</P>
<P>(c) Damage to the roof and ribs of active underground workings; and 
</P>
<P>(d) Intersection of auger holes with underground mine workings known to contain dangerous quantities of impounded water. 


</P>
</DIV8>


<DIV8 N="§ 77.1501" NODE="30:1.0.1.12.39.16.221.2" TYPE="SECTION">
<HEAD>§ 77.1501   Auger mining; inspections.</HEAD>
<P>(a) The face of all highwalls, to a distance of 25 feet on both sides of each drilling site, shall be inspected by a certified person before any augering operation is begun, and at least once during each coal producing shift and all loose material shall be removed from the drilling site before persons are permitted to enter the drilling area. The results of all such inspections shall be recorded daily in a book approved by the Secretary. 
</P>
<P>(b) In addition, the face of all highwalls, to a distance of 25 feet on both sides of each drilling site, shall be inspected frequently by a certified person during any auger operation conducted either during or after a heavy rainfall or during any period of intermittent freezing and thawing and the results of such inspections shall be recorded as provided in paragraph (a) of this section. 
</P>
<P>(c) When an auger hole penetrates an abandoned or mined out area of an underground mine, tests for methane and oxygen deficiency shall be made at the collar of the hole by a qualified person using devices approved by the Secretary to determine if dangerous quantities of methane or oxygen-deficient air are present or being emitted. If such is found no further work shall be performed until the atmosphere has been made safe. 
</P>
<P>(d) Tests for oxygen deficiency shall be conducted with a permissible flame safety lamp or other means approved by the Secretary and all tests for methane shall be conducted with a methane detector approved by the Secretary. 
</P>
<P>(e) Internal combustion engines shall not be operated in the vicinity of any auger hole in which tests for methane or oxygen deficiency are being made. 


</P>
</DIV8>


<DIV8 N="§ 77.1502" NODE="30:1.0.1.12.39.16.221.3" TYPE="SECTION">
<HEAD>§ 77.1502   Auger holes; restriction against entering.</HEAD>
<P>No person shall be permitted to enter an auger hole except with the approval of the MSHA Coal Mine Safety and Health District Manager of the district in which the mine is located and under such conditions as may be prescribed by such managers. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 71 FR 16669, Apr. 3, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 77.1503" NODE="30:1.0.1.12.39.16.221.4" TYPE="SECTION">
<HEAD>§ 77.1503   Augering equipment; overhead protection.</HEAD>
<P>(a) Auger machines which are exposed to highwall hazards, together with all those parts of any coal elevating conveyors where persons are required to work during augering operations, shall be covered with heavy gage screen which does not obstruct the view of the highwall and is strong enough to prevent injuries to workmen from falling material. 
</P>
<P>(b) No work shall be done under any overhang and, when a crew is engaged in connecting or disconnecting auger sections under a highwall, at least one person shall be assigned to observe the highwall for possible movement. 


</P>
</DIV8>


<DIV8 N="§ 77.1504" NODE="30:1.0.1.12.39.16.221.5" TYPE="SECTION">
<HEAD>§ 77.1504   Auger equipment; operation.</HEAD>
<P>(a) Persons shall be kept clear of the auger train while it is in motion and shall not be permitted to pass under or over an auger train, except where adequate crossing facilities are provided. 
</P>
<P>(b) Persons shall be kept clear of auger sections being swung into position. 
</P>
<P>(c) No person, including the auger machine operator, shall, where practicable, be stationed in direct line with a borehole during augering operations. 
</P>
<P>(d) Operator of auger equipment shall not leave the controls of such equipment while the auger is in operation. 
</P>
<P>(e) Adequate illumination shall be provided for work areas after dark. 


</P>
</DIV8>


<DIV8 N="§ 77.1505" NODE="30:1.0.1.12.39.16.221.6" TYPE="SECTION">
<HEAD>§ 77.1505   Auger holes; blocking.</HEAD>
<P>Auger holes shall be blocked with highwall spoil or other suitable material before they are abandoned. 


</P>
</DIV8>

</DIV6>


<DIV6 N="Q" NODE="30:1.0.1.12.39.17" TYPE="SUBPART">
<HEAD>Subpart Q—Loading and Haulage</HEAD>


<DIV8 N="§ 77.1600" NODE="30:1.0.1.12.39.17.221.1" TYPE="SECTION">
<HEAD>§ 77.1600   Loading and haulage; general.</HEAD>
<P>(a) Only authorized persons shall be permitted on haulage roads and at loading or dumping locations. 
</P>
<P>(b) Traffic rules, signals, and warning signs shall be standardized at each mine and posted. 
</P>
<P>(c) Where side or overhead clearances on any haulage road or at any loading or dumping location at the mine are hazardous to mine workers, such areas shall be conspicuously marked and warning devices shall be installed when necessary to insure the safety of the workers. 


</P>
</DIV8>


<DIV8 N="§ 77.1601" NODE="30:1.0.1.12.39.17.221.2" TYPE="SECTION">
<HEAD>§ 77.1601   Transportation of persons; restrictions.</HEAD>
<P>No person shall be permitted to ride or be otherwise transported on or in the following equipment whether loaded or empty: 
</P>
<P>(a) Dippers, shovels, buckets, forks, and clamshells; 
</P>
<P>(b) The cargo space of dump trucks or haulage equipment used to transport coal or other material; 
</P>
<P>(c) Outside the cabs and beds of mobile equipment; 
</P>
<P>(d) Chain, belt, or bucket conveyors, except where such conveyors are specifically designed to transport persons; and 
</P>
<P>(e) Loaded buckets on aerial tramways. 


</P>
</DIV8>


<DIV8 N="§ 77.1602" NODE="30:1.0.1.12.39.17.221.3" TYPE="SECTION">
<HEAD>§ 77.1602   Use of aerial tramways to transport persons.</HEAD>
<P>Persons other than maintenance men shall not ride empty buckets on aerial tramways unless the following features are provided: 
</P>
<P>(a) Two independent brakes, each capable of holding the maximum load. 
</P>
<P>(b) Direct communication between terminals. 
</P>
<P>(c) Power drives with emergency power available in case of primary power failure. 
</P>
<P>(d) Buckets equipped with positive locks to prevent accidental tripping or dumping. 


</P>
</DIV8>


<DIV8 N="§ 77.1603" NODE="30:1.0.1.12.39.17.221.4" TYPE="SECTION">
<HEAD>§ 77.1603   Trains and locomotives; authorized persons.</HEAD>
<P>(a) Only authorized persons shall be permitted to ride on trains or locomotives and they shall ride in a safe position. 
</P>
<P>(b) Men shall not get on or off moving equipment, except that trainmen may get on or off of slowly moving trains. 


</P>
</DIV8>


<DIV8 N="§ 77.1604" NODE="30:1.0.1.12.39.17.221.5" TYPE="SECTION">
<HEAD>§ 77.1604   Transportation of persons; overcrowding.</HEAD>
<P>(a) No man-trip vehicle or other conveyance used to transport persons to and from work areas at surface coal mines shall be overcrowded and all persons shall ride in a safe position. 
</P>
<P>(b) Supplies, materials, and tools other than small handtools shall not be transported with men in man-trip vehicles unless such vehicles are specifically designed to make such transportation safe. 


</P>
</DIV8>


<DIV8 N="§ 77.1605" NODE="30:1.0.1.12.39.17.221.6" TYPE="SECTION">
<HEAD>§ 77.1605   Loading and haulage equipment; installations.</HEAD>
<P>(a) Cab windows shall be of safety glass or equivalent, in good condition and shall be kept clean. 
</P>
<P>(b) Mobile equipment shall be equipped with adequate brakes, and all trucks and front-end loaders shall also be equipped with parking brakes. 
</P>
<P>(c) Positive-action type brakes shall be provided on aerial tramways. 
</P>
<P>(d) Mobile equipment shall be provided with audible warning devices. Lights shall be provided on both ends when required. 
</P>
<P>(e) Guard nets or other suitable protection shall be provided where tramways pass over roadways, walkways, or buildings. 
</P>
<P>(f) Guards shall be installed to prevent swaying buckets from hitting towers. 
</P>
<P>(g) Aerial tramway cable connections shall be designed to offer minimum obstruction to the passage of wheels. 
</P>
<P>(h) Rocker-bottom or bottom-dump cars shall be equipped with positive locking devices, or other suitable devices. 
</P>
<P>(i) Ramps and dumps shall be of solid construction, of ample width, have ample clearance and headroom, and be kept reasonably free of spillage. 
</P>
<P>(j) Chute-loading installations shall be designed so that the men pulling chutes are not required to be in a hazardous position during loading operations. 
</P>
<P>(k) Berms or guards shall be provided on the outer bank of elevated roadways. 
</P>
<P>(l) Berms, bumper blocks, safety hooks, or similar means shall be provided to prevent overtravel and overturning at dumping locations. 
</P>
<P>(m) Roadbeds, rails, joints, switches, frogs, and other elements on railroads shall be designed, installed, and maintained in a safe manner consistent with the speed and type of haulage. 
</P>
<P>(n) Where practicable, a minimum of 30 inches continuous clearance from the farthest projection of moving railroad equipment shall be provided on at least one side of the tracks; all places where it is not possible to provide 30-inch clearance shall be marked conspicuously. 
</P>
<P>(o) Track guardrails, lead rails, and frogs shall be protected or blocked so as to prevent a person's foot from becoming wedged. 
</P>
<P>(p) Positive-acting stop-blocks, derail devices, track skates, or other adequate means shall be installed wherever necessary to protect persons from runaway or moving railroad equipment. 
</P>
<P>(q) Switch throws shall be installed so as to provide adequate clearance for switchmen. 
</P>
<P>(r) Where necessary, bumper blocks or the equivalent shall be provided at all track dead ends. 


</P>
</DIV8>


<DIV8 N="§ 77.1606" NODE="30:1.0.1.12.39.17.221.7" TYPE="SECTION">
<HEAD>§ 77.1606   Loading and haulage equipment; inspection and maintenance.</HEAD>
<P>(a) Mobile loading and haulage equipment shall be inspected by a competent person before such equipment is placed in operation. Equipment defects affecting safety shall be recorded and reported to the mine operator. 
</P>
<P>(b) Carriers on aerial tramways, including loading and unloading mechanisms, shall be inspected each shift; brakes shall be inspected daily; ropes and supports shall be inspected as recommended by the manufacturer or as physical conditions warrant. Equipment defects affecting safety shall be reported to the mine operator. 
</P>
<P>(c) Equipment defects affecting safety shall be corrected before the equipment is used. 


</P>
</DIV8>


<DIV8 N="§ 77.1607" NODE="30:1.0.1.12.39.17.221.8" TYPE="SECTION">
<HEAD>§ 77.1607   Loading and haulage equipment; operation.</HEAD>
<P>(a) Vehicles shall follow at a safe distance; passing shall be limited to areas of adequate clearance and visibility. 
</P>
<P>(b) Mobile equipment operators shall have full control of the equipment while it is in motion. 
</P>
<P>(c) Equipment operating speeds shall be prudent and consistent with conditions of roadway, grades, clearance, visibility, traffic, and the type of equipment used. 
</P>
<P>(d) Cabs of mobile equipment shall be kept free of extraneous materials. 
</P>
<P>(e) Operators shall sit facing the direction of travel while operating equipment with dual controls. 
</P>
<P>(f) When an equipment operator is present, men shall notify him before getting on or off equipment. 
</P>
<P>(g) Equipment operators shall be certain, by signal or other means, that all persons are clear before starting or moving equipment. 
</P>
<P>(h) Where possible, aerial tramways shall not be started until the tramway operator has ascertained that everyone is in the clear. 
</P>
<P>(i) Dust control measures shall be taken where dust significantly reduces visibility of equipment operators. 
</P>
<P>(j) Dippers, buckets, loading booms, or heavy suspended loads shall not be swung over the cabs of haulage vehicles until the drivers are out of the cabs and in safe locations, unless the trucks are designed specifically to protect the drivers from falling material. 
</P>
<P>(k) Men shall not work or pass under the buckets or booms of loaders in operation. 
</P>
<P>(l) Tires shall be deflated before repairs on them are started and adequate means shall be provided to prevent wheel locking rims from creating a hazard during tire inflation. 
</P>
<P>(m) Electrically powered mobile equipment shall not be left unattended unless the master switch is in the off position, all operating controls are in the neutral position, and the brakes are set or other equivalent precautions are taken against rolling. 
</P>
<P>(n) Mobile equipment shall not be left unattended unless the brakes are set. The wheels shall be turned into a bank or berm, or shall be blocked, when such equipment is parked on a grade. 
</P>
<P>(o) Lights, flares, or other warning devices shall be posted when parked equipment creates a hazard to vehicular traffic. 
</P>
<P>(p) Dippers, buckets, scraper blades, and similar movable parts shall be secured or lowered to the ground when not in use. 
</P>
<P>(q) Shovel trailing cables shall not be moved with the shovel dipper unless cable slings or sleds are used. 
</P>
<P>(r) Equipment which is to be hauled shall be loaded and protected so as to prevent sliding or spillage. 
</P>
<P>(s) When moving between work areas, the equipment shall be secured in the travel position. 
</P>
<P>(t) Any load extending more than 4 feet beyond the rear of the vehicle body should be marked clearly with a red flag by day and a red light at night. 
</P>
<P>(u) Tow bars shall be used to tow heavy equipment and a safety chain shall be used in conjunction with each tow bar. 
</P>
<P>(v) Railroad cars shall be kept under control at all times by the car dropper. Cars shall be dropped at a safe rate and in a manner that will insure that the car dropper maintains a safe position while working and traveling around the cars. 
</P>
<P>(w) Railroad cars shall not be coupled or uncoupled manually from the inside of curves unless the railroad and cars are so designed to eliminate any hazard from coupling or uncoupling cars from inside of curves. 
</P>
<P>(x) Persons shall wear safety belts when dropping railroad cars. 
</P>
<P>(y) Railcars shall not be left on sidetracks unless ample clearance is provided for traffic on adjacent tracks. 
</P>
<P>(z) Parked railcars, unless held effectively by brakes, shall be blocked securely. 
</P>
<P>(aa) Railroad cars and all trucks shall be trimmed properly when they have been loaded higher than the confines of their cargo space. 
</P>
<P>(bb) When the entire length of a conveyor is visible from the starting switch, the operator shall visually check to make certain that all persons are in the clear before starting the conveyor. When the entire length of the conveyor is not visible from the starting switch, a positive audible or visible warning system shall be installed and operated to warn persons that the conveyor will be started. 
</P>
<P>(cc) Unguarded conveyors with walkways shall be equipped with emergency stop devices or cords along their full length. 
</P>
<P>(dd) Adequate backstops or brakes shall be installed on inclined-conveyor drive units to prevent conveyors from running in reverse if a hazard to personnel would be caused. 
</P>
<P>(ee) Aerial tram conveyor buckets shall not be overloaded, and feed shall be regulated to prevent spillage. 


</P>
</DIV8>


<DIV8 N="§ 77.1608" NODE="30:1.0.1.12.39.17.221.9" TYPE="SECTION">
<HEAD>§ 77.1608   Dumping facilities.</HEAD>
<P>(a) Dumping locations and haulage roads shall be kept reasonably free of water, debris, and spillage. 
</P>
<P>(b) Where the ground at a dumping place may fail to support the weight of a loaded dump truck, trucks shall be dumped a safe distance back from the edge of the bank. 
</P>
<P>(c) Adequate protection shall be provided at dumping locations where persons may be endangered by falling material. 
</P>
<P>(d) Grizzlies, grates, and other sizing devices at dump and transfer points shall be anchored securely in place. 
</P>
<P>(e) If truck spotters are used, they shall be well in the clear while trucks are backing into dumping position and dumping; lights shall be used at night to direct trucks. 


</P>
</DIV8>

</DIV6>


<DIV6 N="R" NODE="30:1.0.1.12.39.18" TYPE="SUBPART">
<HEAD>Subpart R—Miscellaneous</HEAD>


<DIV8 N="§ 77.1700" NODE="30:1.0.1.12.39.18.221.1" TYPE="SECTION">
<HEAD>§ 77.1700   Communications in work areas.</HEAD>
<P>No employee shall be assigned, or allowed, or be required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen. 


</P>
</DIV8>


<DIV8 N="§ 77.1701" NODE="30:1.0.1.12.39.18.221.2" TYPE="SECTION">
<HEAD>§ 77.1701   Emergency communications; requirements.</HEAD>
<P>(a) Each operator of a surface coal mine shall establish and maintain a communication system from the mine to the nearest point of medical assistance for use in an emergency. 
</P>
<P>(b) The emergency communication system required to be maintained under paragraph (a) of this section may be established by telephone or radio transmission or by any other means of prompt communication to any facility (for example, the local sheriff, the State highway patrol, or local hospital) which has available the means of communication with the person or persons providing emergency medical assistance or transportation in accordance with the provisions of paragraph (a) of this section. 


</P>
</DIV8>


<DIV8 N="§ 77.1702" NODE="30:1.0.1.12.39.18.221.3" TYPE="SECTION">
<HEAD>§ 77.1702   Arrangements for emergency medical assistance and transportation for injured persons; reporting requirements; posting requirements.</HEAD>
<P>(a) Each operator of a surface coal mine shall make arrangements with a licensed physician, medical service, medical clinic, or hospital to provide 24-hour emergency medical assistance for any person injured at the mine. 
</P>
<P>(b) Each operator shall make arrangements with an ambulance service, or otherwise provide for 24-hour emergency transportation for any person injured at the mine. 
</P>
<P>(c) Each operator shall, on or before September 30, 1971, report to the Coal Mine Health and Safety District Manager for the district in which the mine is located the name, title and address of the physician, medical service, medical clinic, hospital, or ambulance service with whom arrangements have been made, or otherwise provided, in accordance with the provisions of paragraphs (a) and (b) of this section. 
</P>
<P>(d) Each operator shall, within 10 days after any change of the arrangements required to be reported under the provisions of this section, report such changes to the Coal Mine Health and Safety District Manager. If such changes involve a substitution of persons, the operator shall provide the name, title, and address of the person substituted together with the name and address of the medical service, medical clinic, hospital, or ambulance service with which such person or persons are associated. 
</P>
<P>(e) Each operator shall, immediately after making an arrangement required under the provisions of paragraphs (a) and (b) of this section, or immediately after any change, of such agreement, post at appropriate places at the mine the names, titles, addresses, and telephone numbers of all persons or services currently available under such arrangements to provide medical assistance and transportation at the mine.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 60 FR 33723, June 29, 1995] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1703" NODE="30:1.0.1.12.39.18.221.4" TYPE="SECTION">
<HEAD>§ 77.1703   First-Aid training; supervisory employees.</HEAD>
<P>The mine operator shall conduct first-aid training courses for selected supervisory employees at the mine. Within 60 days after the selection of a new supervisory employee to be so trained, the mine operator shall certify by signature and date the name of the employee and date on which the employee satisfactorily completed the first-aid training course. The certification shall be kept at the mine and made available on request to an authorized representative of the Secretary.
</P>
<CITA TYPE="N">[56 FR 1478, Jan. 14, 1991] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1704" NODE="30:1.0.1.12.39.18.221.5" TYPE="SECTION">
<HEAD>§ 77.1704   First aid training program; availability of instruction to all miners.</HEAD>
<P>On or before December 30, 1971, each operator of a surface coal mine shall make available to all miners employed in the mine a course of instruction in first aid conducted by the operator or under the auspices of the operator, and such a course of instruction shall be made available to newly employed miners within 6 months after the date of employment. 


</P>
</DIV8>


<DIV8 N="§ 77.1705" NODE="30:1.0.1.12.39.18.221.6" TYPE="SECTION">
<HEAD>§ 77.1705   First aid training program; retraining of supervisory employees; availability to all miners.</HEAD>
<P>Beginning January 1, 1972, each operator of a surface coal mine shall conduct refresher first aid training programs each calendar year for all selected supervisory employees and make available refresher first aid training courses to all miners employed in the mine. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1706" NODE="30:1.0.1.12.39.18.221.7" TYPE="SECTION">
<HEAD>§ 77.1706   First aid training program; minimum requirements.</HEAD>
<P>(a) All first aid training programs required under the provisions of §§ 77.1703 and 77.1704 shall include 10 class hours of training in a course of instruction similar to that outlined in “First Aid, A Bureau of Mines Instruction Manual.” 
</P>
<P>(b) Refresher first aid training programs required under the provisions of § 77.1705 shall include 5 class hours of refresher training in a course of instruction similar to that outlined in “First Aid, A Bureau of Mines Instruction Manual.” 


</P>
</DIV8>


<DIV8 N="§ 77.1707" NODE="30:1.0.1.12.39.18.221.8" TYPE="SECTION">
<HEAD>§ 77.1707   First aid equipment; location; minimum requirements.</HEAD>
<P>(a) Each operator of a surface coal mine shall maintain a supply of the first aid equipment set forth in paragraph (b) of this section at or near each working place where coal is being mined, at each preparation plant and at shops and other surface installation where ten or more persons are regularly employed. 
</P>
<P>(b) The first aid equipment required to be maintained under the provisions of paragraph (a) of this section shall include at least the following: 
</P>
<P>(1) One stretcher; 
</P>
<P>(2) One broken-back board (if a splint-stretcher combination is used it will satisfy the requirements of both paragraph (b) (1) of this section and this paragraph (b) (2)); 
</P>
<P>(3) Twenty-four triangular bandages (15 if a splint-stretcher combination is used); 
</P>
<P>(4) Eight 4-inch bandage compresses; 
</P>
<P>(5) Eight 2-inch bandage compresses; 
</P>
<P>(6) Twelve 1-inch adhesive compresses; 
</P>
<P>(7) An approved burn remedy; 
</P>
<P>(8) Two cloth blankets; 
</P>
<P>(9) One rubber blanket or equivalent substitute; 
</P>
<P>(10) Two tourniquets; 
</P>
<P>(11) One 1-ounce bottle of aromatic spirits of ammonia or 1 dozen ammonia ampules; and, 
</P>
<P>(12) The necessary complements of arm and leg splints or two each inflatable plastic arm and leg splints. 
</P>
<P>(c) All first aid supplies required to be maintained under the provisions of paragraphs (a) and (b) of this section shall be stored in suitable, sanitary, dust tight, moisture proof containers and such supplies shall be accessible to the miners. 


</P>
</DIV8>


<DIV8 N="§ 77.1708" NODE="30:1.0.1.12.39.18.221.9" TYPE="SECTION">
<HEAD>§ 77.1708   Safety program; instruction of persons employed at the mine.</HEAD>
<P>On or before September 30, 1971, each operator of a surface coal mine shall establish and maintain a program of instruction with respect to the safety regulations and procedures to be followed at the mine and shall publish and distribute to each employee, and post in conspicuous places throughout the mine, all such safety regulations and procedures established in accordance with the provisions of this section. 
</P>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 36 FR 13143, July 15, 1971] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1710" NODE="30:1.0.1.12.39.18.221.10" TYPE="SECTION">
<HEAD>§ 77.1710   Protective clothing; requirements.</HEAD>
<P>Each employee working in a surface coal mine or in the surface work areas of an underground coal mine shall be required to wear protective clothing and devices as indicated below: 
</P>
<P>(a) Protective clothing or equipment and face-shields or goggles shall be worn when welding, cutting, or working with molten metal or when other hazards to the eyes exist. 
</P>
<P>(b) Suitable protective clothing to cover the entire body when handling corrosive or toxic substances or other materials which might cause injury to the skin. 
</P>
<P>(c) Protective gloves when handling materials or performing work which might cause injury to the hands; however, gloves shall not be worn where they would create a greater hazard by becoming entangled in the moving parts of equipment. 
</P>
<P>(d) A suitable hard hat or hard cap when in or around a mine or plant where falling objects may create a hazard. If a hard hat or hard cap is painted, nonmetallic based paint shall be used. 
</P>
<P>(e) Suitable protective footwear. 
</P>
<P>(f) Snug-fitting clothing when working around moving machinery or equipment. 
</P>
<P>(g) Safety belts and lines where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered. 
</P>
<P>(h) Lifejackets or belts where there is danger from falling into water. 
</P>
<P>(i) Seatbelts in a vehicle where there is a danger of overturning and where roll protection is provided. 
</P>
<SECAUTH TYPE="N">(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as amended (83 Stat. 745; 30 U.S.C. 811(a)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9382, May 22, 1971, as amended at 36 FR 13143, July 15, 1971; 39 FR 7176, Feb. 25, 1974] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1710-1" NODE="30:1.0.1.12.39.18.221.11" TYPE="SECTION">
<HEAD>§ 77.1710-1   Distinctively colored hard hats or hard caps; identification for newly employed, inexperienced miners.</HEAD>
<P>Hard hats or hard caps distinctively different in color from those worn by experienced miners shall be worn at all times by each newly employed, inexperienced miner when working in or around a mine or plant for at least one year from the date of his initial employment as a miner or until he has been qualified or certified as a miner by the State in which he is employed. 
</P>
<SECAUTH TYPE="N">(Sec. 101(a), Federal Coal Mine Health and Safety Act of 1969, as amended (83 Stat. 745; 30 U.S.C. 811(a)) 
</SECAUTH>
<CITA TYPE="N">[39 FR 7176, Feb. 25, 1974] 


</CITA>
</DIV8>


<DIV8 N="§ 77.1711" NODE="30:1.0.1.12.39.18.221.12" TYPE="SECTION">
<HEAD>§ 77.1711   Smoking prohibition.</HEAD>
<P>No person shall smoke or use an open flame where such practice may cause a fire or explosion. 


</P>
</DIV8>


<DIV8 N="§ 77.1712" NODE="30:1.0.1.12.39.18.221.13" TYPE="SECTION">
<HEAD>§ 77.1712   Reopening mines; notification; inspection prior to mining.</HEAD>
<P>Prior to reopening any surface coal mine after it has been abandoned or declared inactive by the operator, the operator shall notify the Coal Mine Health and Safety District Manager for the district in which the mine is located, and an inspection of the entire mine shall be completed by an authorized representative of the Secretary before any mining operations in such mine are instituted. 


</P>
</DIV8>


<DIV8 N="§ 77.1713" NODE="30:1.0.1.12.39.18.221.14" TYPE="SECTION">
<HEAD>§ 77.1713   Daily inspection of surface coal mine; certified person; reports of inspection.</HEAD>
<P>(a) At least once during each working shift, or more often if necessary for safety, each active working area and each active surface installation shall be examined by a certified person designated by the operator to conduct such examinations for hazardous conditions and any hazardous conditions noted during such examinations shall be reported to the operator and shall be corrected by the operator. 
</P>
<P>(b) If any hazardous condition noted during an examination conducted in accordance with paragraph (a) of this section creates an imminent danger, the person conducting such examination shall notify the operator and the operator shall withdraw all persons from the area affected, except those persons referred to in section 104(d) of the Act, until the danger is abated. 
</P>
<P>(c) After each examination conducted in accordance with the provisions of paragraph (a) of this section, each certified person who conducted all or any part of the examination required shall enter with ink or indelible pencil in a book approved by the Secretary the date and a report of the condition of the mine or any area of the mine which he has inspected together with a report of the nature and location of any hazardous condition found to be present at the mine. The book in which such entries are made shall be kept in an area at the mine designated by the operator to minimize the danger of destruction by fire or other hazard. 
</P>
<P>(d) All examination reports recorded in accordance with the provisions of paragraph (c) of this section shall include a report of the action taken to abate hazardous conditions and shall be signed or countersigned each day by at least one of the following persons: 
</P>
<P>(1) The surface mine foreman; 
</P>
<P>(2) The assistant superintendent of the mine; 
</P>
<P>(3) The superintendent of the mine;
</P>
<P>(4) The person designated by the operator as responsible for health and safety at the mine; or,
</P>
<P>(5) An equivalent mine official.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995; 63 FR 58613, Oct. 30, 1998]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="S" NODE="30:1.0.1.12.39.19" TYPE="SUBPART">
<HEAD>Subpart S—Trolley Wires and Trolley Feeder Wires</HEAD>


<DIV8 N="§ 77.1800" NODE="30:1.0.1.12.39.19.221.1" TYPE="SECTION">
<HEAD>§ 77.1800   Cutout switches.</HEAD>
<P>Trolley wires and trolley feeder wires shall be provided with cutout switches at intervals of not more than 2,000 feet and near the beginning of all branch lines. 


</P>
</DIV8>


<DIV8 N="§ 77.1801" NODE="30:1.0.1.12.39.19.221.2" TYPE="SECTION">
<HEAD>§ 77.1801   Overcurrent protection.</HEAD>
<P>Trolley wires and trolley feeder wires shall be provided with overcurrent protection. 


</P>
</DIV8>


<DIV8 N="§ 77.1801-1" NODE="30:1.0.1.12.39.19.221.3" TYPE="SECTION">
<HEAD>§ 77.1801-1   Devices for overcurrent protection.</HEAD>
<P>Automatic circuit interrupting devices that will deenergize the affected circuit upon occurrence of a short circuit at any point in the system will meet the requirements of § 77.1801. 


</P>
</DIV8>


<DIV8 N="§ 77.1802" NODE="30:1.0.1.12.39.19.221.4" TYPE="SECTION">
<HEAD>§ 77.1802   Insulation of trolley wires, trolley feeder wires and bare signal wires; guarding of trolley wires and trolley feeder wires.</HEAD>
<P>Trolley wires, trolley feeder wires, and bare signal wires shall be adequately guarded: 
</P>
<P>(a) At all points where men are required to work or pass regularly under the wires; and 
</P>
<P>(b) At man-trip stations. 
</P>
<P>The Secretary or his authorized representative shall specify other conditions where trolley wires and trolley feeder wires shall be adequately protected to prevent contact by any person, or shall require the use of improved methods to prevent such contact. Temporary guards shall be provided where trackmen and other persons are required to work in proximity to trolley wires and trolley feeder wires. 


</P>
</DIV8>

</DIV6>


<DIV6 N="T" NODE="30:1.0.1.12.39.20" TYPE="SUBPART">
<HEAD>Subpart T—Slope and Shaft Sinking</HEAD>


<DIV8 N="§ 77.1900" NODE="30:1.0.1.12.39.20.221.1" TYPE="SECTION">
<HEAD>§ 77.1900   Slopes and shafts; approval of plans.</HEAD>
<P>(a) Each operator of a coal mine shall prepare and submit for approval by the Coal Mine Health and Safety District Manager for the district in which the mine is located, a plan providing for the safety of workmen in each slope or shaft that is commenced or extended after June 30, 1971. The plan shall be consistent with prudent engineering design. The methods employed by the operator shall be selected to minimize the hazards to those employed in the initial or subsequent development of any such slope or shaft, and the plan shall include the following: 
</P>
<P>(1) The name and location of the mine, and the Mine Safety and Health Administration mine identification number, if known; 
</P>
<P>(2) The name and address of the mine operator; 
</P>
<P>(3) A description of the construction work and methods to be used in the construction of the slope or shaft, and whether part or all of the work will be performed by a contractor and a description of that part of the work to be performed by a contractor; 
</P>
<P>(4) The elevation, depth and dimensions of the slope or shaft; 
</P>
<P>(5) The location and elevation of the coalbed; 
</P>
<P>(6) The general characteristics of the strata through which the slope or shaft will be developed; 
</P>
<P>(7) The type of equipment which the operator proposes to use when the work is to be performed by the operator. When work is to be performed by a contractor the operator shall, as soon as known to him, supplement the plan with a description of the type of equipment to be used by the contractor; 
</P>
<P>(8) The system of ventilation to be used; and 
</P>
<P>(9) Safeguards for the prevention of caving during excavation.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 47 FR 28096, June 29, 1982; 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 77.1900-1" NODE="30:1.0.1.12.39.20.221.2" TYPE="SECTION">
<HEAD>§ 77.1900-1   Compliance with approved slope and shaft sinking plans.</HEAD>
<P>Upon approval by the Coal Mine Health and Safety District Manager of a slope or shaft sinking plan, the operator shall adopt and comply with such plan. 


</P>
</DIV8>


<DIV8 N="§ 77.1901" NODE="30:1.0.1.12.39.20.221.3" TYPE="SECTION">
<HEAD>§ 77.1901   Preshift and onshift inspections; reports.</HEAD>
<P>(a) Examinations of slope and shaft areas shall be made by a certified person for hazardous conditions, including tests for methane and oxygen deficiency: 
</P>
<P>(1) Within 90 minutes before each shift; 
</P>
<P>(2) At least once on any shift during which men are employed inside any slope or shaft during development; and 
</P>
<P>(3) Both before and after blasting. 
</P>
<P>(b) The surface area surrounding each slope and shaft shall be inspected by a certified person and all hazards in the vicinity shall be corrected before men are permitted to enter the excavation. 
</P>
<P>(c) All hazards found during any preshift or onshift inspection shall be corrected before men are allowed to enter, or continue to work in such slope or shaft. If hazardous conditions cannot be corrected, or excessive methane concentrations cannot be diluted, the excavation shall be vacated and no person shall be permitted to reenter the slope or shaft to continue excavation operations until the hazardous condition has been abated. 
</P>
<P>(d) No work shall be performed in any slope or shaft, no drilling equipment shall be started, and no electrical equipment shall be energized if the methane content in such slope or shaft is 1.0 volume per centum, or more. 
</P>
<P>(e) Nothing in this § 77.1901 shall prevent the specific assignment of men in the slope or shaft for purposes of abating excessive methane concentrations or any other hazardous condition. 
</P>
<P>(f) The results of all inspections conducted in accordance with the provisions of paragraph (a) of this section shall be recorded in a book approved by the Secretary.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 77.1901-1" NODE="30:1.0.1.12.39.20.221.4" TYPE="SECTION">
<HEAD>§ 77.1901-1   Methane and oxygen deficiency tests; approved devices.</HEAD>
<P>Tests for oxygen deficiency shall be made with a permissible flame safety lamp or other means approved by the Secretary, and tests for methane shall be made with a methane detector approved by the Secretary. 


</P>
</DIV8>


<DIV8 N="§ 77.1902" NODE="30:1.0.1.12.39.20.221.5" TYPE="SECTION">
<HEAD>§ 77.1902   Drilling and mucking operations.</HEAD>
<P>Diesel-powered equipment used in the drilling, mucking, or other excavation of any slope or shaft shall be permissible, and such equipment shall be operated in a permissible manner and shall be maintained in a permissible condition. 


</P>
</DIV8>


<DIV8 N="§ 77.1902-1" NODE="30:1.0.1.12.39.20.221.6" TYPE="SECTION">
<HEAD>§ 77.1902-1   Permissible diesel-powered equipment.</HEAD>
<P>Diesel-powered equipment which has been approved by the Bureau of Mines or the Mine Safety and Health Administration under Part 36 of this chapter (Bureau of Mines Schedule 31) is permissible under the provisions of this section. 


</P>
</DIV8>


<DIV8 N="§ 77.1903" NODE="30:1.0.1.12.39.20.221.7" TYPE="SECTION">
<HEAD>§ 77.1903   Hoists and hoisting; minimum requirements.</HEAD>
<P>(a) Hoists used in transporting persons and material during drilling, mucking, or other excavating operations in any slope or shaft shall have rated capacities consistent with the loads to be handled. 
</P>
<P>(b) Each hoist used in drilling, mucking, or other excavating operations shall be equipped with an accurate and reliable indicator of the position of the cage, platform, or bucket. The indicator shall be installed in clear view of the hoist operator.
</P>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[48 FR 53242, Nov. 25, 1983; 48 FR 54975, Dec. 8, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 77.1904" NODE="30:1.0.1.12.39.20.221.8" TYPE="SECTION">
<HEAD>§ 77.1904   Communications between slope and shaft bottoms and hoist operators.</HEAD>
<P>(a) Two independent means of signaling shall be provided between the hoistman and all points in a slope or shaft where men are required to work. At least one of these means shall be audible to the hoistman. Signal codes used in any communication system shall be posted conspicuously at each slope and shaft. 
</P>
<P>(b) Signaling systems used for communication between slopes and shafts and the hoistman shall be tested daily. 


</P>
</DIV8>


<DIV8 N="§ 77.1905" NODE="30:1.0.1.12.39.20.221.9" TYPE="SECTION">
<HEAD>§ 77.1905   Hoist safeguards; general.</HEAD>
<P>(a) Hoists used to transport persons shall be equipped with brakes capable of stopping and holding the cage, bucket, platform, or other device when fully loaded. 
</P>
<P>(b) When persons are transported by a hoist, a second person familiar with and qualified to stop the hoist shall be in attendance, except where the hoist is fully equipped with overspeed, overwind, and automatic stop devices. 


</P>
</DIV8>


<DIV8 N="§ 77.1906" NODE="30:1.0.1.12.39.20.221.10" TYPE="SECTION">
<HEAD>§ 77.1906   Hoists; daily inspection.</HEAD>
<P>(a) Hoists used to transport persons shall be inspected daily. The inspection shall include examination of the headgear (headframe, sheave wheels, etc.), connections, links and chains, and other facilities. 
</P>
<P>(b) Prior to each working shift, and before a hoist is returned to service after it has been out of normal service for any reason, the hoist shall be run by the hoist operator through one complete cycle of operation before any person is permitted to be transported. 
</P>
<P>(c) At the completion of each daily examination required by paragraph (a) of this section, the person making the examination shall certify, by signature and date, that the examination has been made. If any unsafe condition in the hoisting equipment is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records shall be retained for one year.
</P>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[48 FR 53242, Nov. 25, 1983, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 77.1907" NODE="30:1.0.1.12.39.20.221.11" TYPE="SECTION">
<HEAD>§ 77.1907   Hoist construction; general.</HEAD>
<P>If hooks are used to attach cages or buckets to the socket or thimble of a hoisting rope, the hooks shall be self-closing.
</P>
<SECAUTH TYPE="N">(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811)) 
</SECAUTH>
<CITA TYPE="N">[48 FR 53242, Nov. 25, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 77.1908" NODE="30:1.0.1.12.39.20.221.12" TYPE="SECTION">
<HEAD>§ 77.1908   Hoist installations; use.</HEAD>
<P>(a) Where men are transported by means of a hoist and the depth of the shaft exceeds 50 feet, the hoist rope shall be suspended from a substantial hoisting installation which shall be high enough to provide working clearance between the bottom of the sheave and the top of the cage or bucket. 
</P>
<P>(b) Where men are transported by means of a hoist and the depth of the shaft exceeds 100 feet, temporary shaft guides and guide attachments, or other no less effective means, shall be installed to prevent the cage, platform, or bucket from swinging. 
</P>
<P>(c) All guides and guide attachments, or other no less effective means, installed in accordance with paragraph (b) of this section shall be maintained to a depth of not less than 75 feet from the bottom of the shaft. 
</P>
<P>(d) Where crossheads are used, the cage, platform, or bucket shall not be hung more than 10 feet below the crosshead. 
</P>
<P>(e) Where men are required to embark or disembark from a cage, platform or bucket suspended over or within a shaft, a loading platform shall be installed to insure safe footing. 
</P>
<P>(f) During the development of each slope or shaft, either a ladder or independently powered auxiliary hoist shall be provided to permit men to escape quickly in the event of an emergency. 
</P>
<P>(g) No person shall be permitted to ride the rim of any bucket or on the top of a loaded bucket. 
</P>
<P>(h) The number of persons permitted to ride in cages, skips, or buckets shall be limited so as to prevent overcrowding. 
</P>
<P>(i) Persons shall not be permitted to ride on a cage, skip, or bucket with tools or materials, except when necessary to handle equipment while in transit. Materials shall be secured to prevent shifting while being hoisted. 
</P>
<P>(j) The speed of buckets transporting persons shall not exceed 500 feet per minute and not more than 200 feet per minute when within 100 feet of any stop. 
</P>
<P>(k) A notice of established speeds shall be posted in clear view of the hoistman. 
</P>
<P>(l) Conveyances being lowered in a shaft in which men are working shall be stopped at least 15 feet above such men and shall be lowered further only after the hoistman has received a signal that all men who may be endangered by the conveyance are in the clear. 
</P>
<P>(m) No skip or bucket shall be raised or lowered in a slope or shaft until it has been trimmed to prevent material from falling back down the slope or shaft. 
</P>
<P>(n) Measures shall be taken to prevent material from falling back into the shaft while buckets or other conveyances are being unloaded. 
</P>
<P>(o) Properly attached safety belts shall be worn by all persons required to work in or over any shaft where there is a drop of 10 or more feet, unless other acceptable means are provided to prevent such persons from falling into the shaft. 


</P>
</DIV8>


<DIV8 N="§ 77.1908-1" NODE="30:1.0.1.12.39.20.221.13" TYPE="SECTION">
<HEAD>§ 77.1908-1   Hoist operation; qualified hoistman.</HEAD>
<P>Hoists shall be under the control of and operated by a qualified hoistman when men are in a slope or shaft. 


</P>
</DIV8>


<DIV8 N="§ 77.1909" NODE="30:1.0.1.12.39.20.221.14" TYPE="SECTION">
<HEAD>§ 77.1909   Explosives and blasting; use of permissible explosives and shot-firing units.</HEAD>
<P>Except as provided in § 77.1909-1, only permissible explosives and permissible shot-firing units shall be used in sinking shafts and slopes. 


</P>
</DIV8>


<DIV8 N="§ 77.1909-1" NODE="30:1.0.1.12.39.20.221.15" TYPE="SECTION">
<HEAD>§ 77.1909-1   Use of nonpermissible explosives and nonpermissible shot-firing units; approval by Health and Safety District Manager.</HEAD>
<P>Where the Coal Mine Health and Safety District Manager has determined that the use of nonpermissible explosives and nonpermissible shot-firing units will not pose a hazard to any person during the development of a slope or shaft, he may, after written application by the operator, approve the use of such explosives and shot-firing units and issue a permit for the use of such explosives and devices setting forth the safeguards to be employed by the operator to protect the health and safety of any person exposed to such blasting.
</P>
<SECAUTH TYPE="N">(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 <I>et seq.</I>)) 
</SECAUTH>
<CITA TYPE="N">[36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 77.1910" NODE="30:1.0.1.12.39.20.221.16" TYPE="SECTION">
<HEAD>§ 77.1910   Explosives and blasting; general.</HEAD>
<P>(a) Light and power circuits shall be disconnected or removed from the blasting area before charging and blasting. 
</P>
<P>(b) All explosive materials, detonators, and any other related blasting material employed in the development of any slope or shaft shall be stored, transported, carried, charged, and fired in accordance with the provision of Subpart N, “Explosives and Blasting,” of this Part 77. Except as provided in paragraph (c) of this section, all shots shall be fired from the surface. 
</P>
<P>(c) Where tests for methane have been conducted and methane has not been found and only permissible blasting units are being employed, shots may be fired from an upper level of the slope or shaft. 
</P>
<P>(d) Except as provided in paragraph (c) of this section, all men shall be removed from the slope or shaft prior to blasting. 
</P>
<P>(e) Blasting areas in slopes or shafts shall be covered with mats or other suitable material when the excavation is too shallow to retain blasted material. 
</P>
<P>(f) Where it is impracticable to prepare primers in the blasting area, primers may be prepared on the surface and carried into the shaft in specially constructed, insulated, covered containers. 
</P>
<P>(g) No other development operation shall be conducted in a shaft or at the face of a slope while drill holes are being charged and until after all shots have been fired. 
</P>
<P>(h) The sides of the slope or shaft between the overhead platform and the bottom where men are working shall be examined after each blast and loose material removed. 
</P>
<P>(i) Loose rock and other material shall be removed from timbers and platforms after each blast before men are lowered to the shaft bottom. 


</P>
</DIV8>


<DIV8 N="§ 77.1911" NODE="30:1.0.1.12.39.20.221.17" TYPE="SECTION">
<HEAD>§ 77.1911   Ventilation of slopes and shafts.</HEAD>
<P>(a) All slopes and shafts shall be ventilated by mechanical ventilation equipment during development. Such equipment shall be examined before each shift and the quantity of air in the slope or shaft measured daily by a certified person and the results of such examinations and tests recorded in a book approved by the Secretary. 
</P>
<P>(b) Ventilation fans shall be: 
</P>
<P>(1) Installed on the surface; 
</P>
<P>(2) Installed in fireproof housing and connected to the slope or shaft opening with fireproof air ducts; 
</P>
<P>(3) Designed to permit the reversal of the air current, and located in an area which will prevent a recirculation of air from the slope or shaft or air contamination from any other source; 
</P>
<P>(4) Equipped with an automatic signal device designed to give an alarm in the event the fan slows or stops which can be seen or heard by any person on duty in the vicinity of the fan, except where fans are constantly attended. 
</P>
<P>(5) Offset not less than 15 feet from the shaft; and 
</P>
<P>(6) Equipped with air ducts which are fire resistant and maintained so as to prevent excessive leakage of air; 
</P>
<P>(i) Flexible ducts shall be constructed to permit ventilation by either exhausting or blowing methods and when metal air ducts are used, they shall be grounded effectively to remove static and other electrical charges; 
</P>
<P>(ii) Ducts shall extend as close to the bottom as necessary to ventilate properly. 
</P>
<P>(c) A qualified person, designated by the operator, shall be assigned to maintain each ventilating system. 
</P>
<P>(d) The fan shall be operated continuously when men are below the surface. Any accidental stoppage or reduction in airflow shall be corrected promptly; however, where repairs cannot be made immediately, development work below the surface shall be stopped and all the men not needed to make necessary repairs shall be removed to the surface. 


</P>
</DIV8>


<DIV8 N="§ 77.1912" NODE="30:1.0.1.12.39.20.221.18" TYPE="SECTION">
<HEAD>§ 77.1912   Ladders and stairways.</HEAD>
<P>(a) Substantial stairways or ladders shall be used during the construction of all shafts where no mechanical means are provided for men to travel. 
</P>
<P>(b) Landings at intervals of not more than 30 feet shall be installed. 
</P>
<P>(c) Shaft ladders shall project 3 feet above the collar of the shaft, and shall be placed at least 3 inches from the side of the shaft. 


</P>
</DIV8>


<DIV8 N="§ 77.1913" NODE="30:1.0.1.12.39.20.221.19" TYPE="SECTION">
<HEAD>§ 77.1913   Fire-resistant wood.</HEAD>
<P>Except for crossties, timbers, and other wood products which are permanently installed in slopes and shafts, shall be fire resistant. 


</P>
</DIV8>


<DIV8 N="§ 77.1914" NODE="30:1.0.1.12.39.20.221.20" TYPE="SECTION">
<HEAD>§ 77.1914   Electrical equipment.</HEAD>
<P>(a) Electric equipment employed below the collar of a slope or shaft during excavation shall be permissible and shall be maintained in a permissible condition. 
</P>
<P>(b) The insulation of all electric conductors employed below the collar of any slope or shaft during excavation shall be of the flame resistant type. 
</P>
<P>(c) Only lamps and portable flood lights approved by the Bureau of Mines or the Mine Safety and Health Administration under Part 19 and Part 20 of this chapter (Bureau of Mines Schedules 6D and 10C) shall be employed below the collar of any slope or shaft. 


</P>
</DIV8>


<DIV8 N="§ 77.1915" NODE="30:1.0.1.12.39.20.221.21" TYPE="SECTION">
<HEAD>§ 77.1915   Storage and handling of combustible materials.</HEAD>
<P>(a) Compressed and liquefied gas, oil, gasoline, and other petroleum products shall not be stored within 100 feet of any slope or shaft opening. 
</P>
<P>(b) Other combustible material and supplies shall not be stored within 25 feet of any slope or shaft opening. 
</P>
<P>(c) Pyritic slates, bony coal, culm or other material capable of spontaneous combustion shall not be used for fill or as surfacing material within 100 feet of any slope or shaft opening. 
</P>
<P>(d) Areas surrounding the opening of each slope or shaft shall be constructed to insure the drainage of flammable liquids away from the slope or shaft in the event of spillage. 
</P>
<P>(e) Oily rags, waste, waste paper, and other combustible waste material disposed of in the vicinity of any slope or shaft opening shall be stored in closed containers until removed from the area. 


</P>
</DIV8>


<DIV8 N="§ 77.1916" NODE="30:1.0.1.12.39.20.221.22" TYPE="SECTION">
<HEAD>§ 77.1916   Welding, cutting, and soldering; fire protection.</HEAD>
<P>(a) One portable fire extinguisher shall be provided where welding, cutting, or soldering with arc or flame is performed. 
</P>
<P>(b) Welding, cutting, or soldering with arc or flame within or in the vicinity of any slope or shaft, except where such operations are performed in fireproof enclosures, shall be done under the supervision of a qualified person who shall make a diligent search within or in the vicinity of the slope or shaft for fire during and after such operations. 
</P>
<P>(c) Before welding, cutting, or soldering is performed in any slope or shaft designed to penetrate into any coalbed below the surface, an examination for methane shall be made by a qualified person with a device approved by the Secretary for detecting methane. Examination for methane shall be made immediately before and periodically during welding, cutting, or soldering and such work shall not be permitted to commence or continue in air which contains 1.0 volume per centum or more of methane. 
</P>
<P>(d) Noncombustible barriers shall be installed below welding, cutting, or soldering operations in or over a shaft. 


</P>
</DIV8>

</DIV6>


<DIV6 N="U" NODE="30:1.0.1.12.39.21" TYPE="SUBPART">
<HEAD>Subpart U—Approved Books and Records [Reserved]</HEAD>

</DIV6>


<DIV6 N="V" NODE="30:1.0.1.12.39.22" TYPE="SUBPART">
<HEAD>Subpart V—Safety Program for Surface Mobile Equipment</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 87928, Dec. 20, 2023, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 77.2100" NODE="30:1.0.1.12.39.22.221.1" TYPE="SECTION">
<HEAD>§ 77.2100   Purpose and scope.</HEAD>
<P>This subpart requires operators to develop, implement, and update a written safety program for surface mobile equipment to reduce the number and rates of accidents, injuries, and fatalities. This subpart applies to surface mobile equipment at surface coal mines and surface work areas of underground coal mines. The purpose of this safety program is to promote and support a positive safety culture and improve miners' safety at the mine.




</P>
</DIV8>


<DIV8 N="§ 77.2101" NODE="30:1.0.1.12.39.22.221.2" TYPE="SECTION">
<HEAD>§ 77.2101   Definitions.</HEAD>
<P>The following definitions apply in this subpart—
</P>
<P><I>Responsible person</I> means a person with authority and responsibility to evaluate and update a written safety program for surface mobile equipment.
</P>
<P><I>Surface mobile equipment</I> means wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved, and any powered equipment that transports people, equipment, or materials, excluding belt conveyors, at surface coal mines and surface work areas of underground coal mines.




</P>
</DIV8>


<DIV8 N="§ 77.2102" NODE="30:1.0.1.12.39.22.221.3" TYPE="SECTION">
<HEAD>§ 77.2102   Written safety program.</HEAD>
<P>(a) Each operator shall develop and implement a written safety program for surface mobile equipment that contains the elements in this subpart, no later than July 17, 2024.
</P>
<P>(b) Each operator shall designate at least one responsible person to evaluate and update the written safety program, no later than July 17, 2024.




</P>
</DIV8>


<DIV8 N="§ 77.2103" NODE="30:1.0.1.12.39.22.221.4" TYPE="SECTION">
<HEAD>§ 77.2103   Requirements for written safety program.</HEAD>
<P>(a) The operator shall develop and implement a written safety program that includes actions the operator will take to:
</P>
<P>(1) Identify and analyze hazards and reduce the resulting risks related to the movement and the operation of surface mobile equipment;
</P>
<P>(2) Develop and maintain procedures and schedules for routine maintenance and non-routine repairs for surface mobile equipment;
</P>
<P>(3) Identify currently available and newly emerging feasible technologies that can enhance safety at the mine and evaluate whether to adopt them; and
</P>
<P>(4) Train miners and other persons at the mine necessary to perform work to identify and address or avoid hazards related to surface mobile equipment.
</P>
<P>(b) The responsible person shall evaluate and update the written safety program at least annually, or as mining conditions or practices change that may adversely affect the health and safety of miners or other persons, as accidents or injuries occur, or as surface mobile equipment changes or modifications are made.
</P>
<P>(c) The operator shall solicit input from miners and their representatives in developing and updating the written safety program.




</P>
</DIV8>


<DIV8 N="§ 77.2104" NODE="30:1.0.1.12.39.22.221.5" TYPE="SECTION">
<HEAD>§ 77.2104   Record and inspection.</HEAD>
<P>(a) The operator shall make the written safety program available for inspection by authorized representatives of the Secretary and provide a copy upon request.
</P>
<P>(b) The operator shall make the written safety program available for inspection by miners and their representatives and, at no cost, provide a copy upon request.




</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="90" NODE="30:1.0.1.12.40" TYPE="PART">
<HEAD>PART 90—MANDATORY HEALTH STANDARDS—COAL MINERS WHO HAVE EVIDENCE OF THE DEVELOPMENT OF PNEUMOCONIOSIS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 811, 813(h), 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>45 FR 80769, Dec. 5, 1980, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:1.0.1.12.40.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24988, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 90.1" NODE="30:1.0.1.12.40.1.221.1" TYPE="SECTION">
<HEAD>§ 90.1   Scope.</HEAD>
<P>This part 90 establishes the option of miners who are employed at coal mines and who have evidence of the development of pneumoconiosis to work in an area of a mine where the average concentration of respirable dust in the mine atmosphere during each shift is continuously maintained at or below the applicable standard as specified in § 90.100. The rule sets forth procedures for miners to exercise this option, and establishes the right of miners to retain their regular rate of pay and receive wage increases. The rule also sets forth the operator's obligations, including respirable dust sampling for part 90 miners. This part 90 is promulgated pursuant to section 101 of the Act and supersedes section 203(b) of the Federal Mine Safety and Health Act of 1977, as amended.




</P>
</DIV8>


<DIV8 N="§ 90.2" NODE="30:1.0.1.12.40.1.221.2" TYPE="SECTION">
<HEAD>§ 90.2   Definitions.</HEAD>
<P>As April 14, 2025, the following definitions apply in this part:
</P>
<P><I>Act.</I> The Federal Mine Safety and Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164 and Public Law 109-236.
</P>
<P><I>Active workings.</I> Any place in a coal mine where miners are normally required to work or travel.
</P>
<P><I>Approved sampling device.</I> A sampling device approved by the Secretary and Secretary for Health and Human Services (HHS) under part 74 of this subchapter.
</P>
<P><I>Certified person.</I> An individual certified by the Secretary in accordance with § 90.202 to take respirable dust samples required by this part or certified in accordance with § 90.203 to perform the maintenance and calibration of respirable dust sampling equipment as required by this part.
</P>
<P><I>Coal mine dust personal sampler unit (CMDPSU).</I> A personal sampling device approved under part 74, subpart B, of this subchapter.
</P>
<P><I>Concentration.</I> A measure of the amount of a substance contained per unit volume of air.
</P>
<P><I>Continuous personal dust monitor (CPDM).</I> A personal sampling device approved under part 74, subpart C, of this subchapter.
</P>
<P><I>District Manager.</I> The manager of the Coal Mine Safety and Health District in which the mine is located.
</P>
<P><I>Equivalent concentration.</I> The concentration of respirable coal mine dust, including quartz, expressed in milligrams per cubic meter of air (mg/m
<SU>3</SU>) as measured with an approved sampling device, determined by dividing the weight of dust in milligrams collected on the filter of an approved sampling device by the volume of air in cubic meters passing through the filter (sampling time in minutes (t) times the sampling airflow rate in cubic meters per minute), and then converting that concentration to an equivalent concentration as measured by the Mining Research Establishment (MRE) instrument. When the approved sampling device is:
</P>
<P>(1) The CMDPSU, the equivalent concentration is determined by multiplying the concentration of respirable coal mine dust by the constant factor prescribed by the Secretary.
</P>
<P>(2) The CPDM, the device shall be programmed to automatically report end-of-shift concentration measurements as equivalent concentrations.
</P>
<P><I>Mechanized mining unit (MMU).</I> A unit of mining equipment including hand loading equipment used for the production of material; or a specialized unit which uses mining equipment other than specified in § 70.206(b) or in § 70.208(b) of this subchapter. Each MMU will be assigned a four-digit identification number by MSHA, which is retained by the MMU regardless of where the unit relocates within the mine. However, when:
</P>
<P>(1) Two sets of mining equipment are used in a series of working places within the same working section and only one production crew is employed at any given time on either set of mining equipment, the two sets of equipment shall be identified as a single MMU.
</P>
<P>(2) Two or more sets of mining equipment are simultaneously engaged in cutting, mining, or loading coal or rock from working places within the same working section, each set of mining equipment shall be identified as a separate MMU.
</P>
<P><I>MRE instrument.</I> The gravimetric dust sampler with a four channel horizontal elutriator developed by the Mining Research Establishment of the National Coal Board, London, England.
</P>
<P><I>MSHA.</I> The Mine Safety and Health Administration of the U.S. Department of Labor.
</P>
<P><I>Normal work duties.</I> Duties which the part 90 miner performs on a routine day-to-day basis in his or her job classification at a mine.
</P>
<P><I>Part 90 miner.</I> A miner employed at a coal mine who has exercised the option under the old section 203(b) program (30 CFR part 90, effective as of July 1, 1972), or under § 90.3 to work in an area of a mine where the average concentration of respirable dust in the mine atmosphere during each shift to which that miner is exposed is continuously maintained at or below the standard, and who has not waived these rights.
</P>
<P><I>Representative sample.</I> A respirable dust sample, expressed as an equivalent concentration, that reflects typical dust concentration levels in the working environment of the part 90 miner when performing normal work duties.
</P>
<P><I>Respirable dust.</I> Dust collected with a sampling device approved by the Secretary and the Secretary of HHS in accordance with part 74 (Coal Mine Dust Sampling Devices) of this subchapter.
</P>
<P><I>Secretary.</I> The Secretary of Labor or a delegate.
</P>
<P><I>Secretary of Health and Human Services.</I> The Secretary of Health and Human Services (HHS) or the Secretary of Health, Education, and Welfare.
</P>
<P><I>Transfer.</I> Any change in the work assignment of a part 90 miner by the operator and includes:
</P>
<P>(1) Any change in occupation code of a part 90 miner;
</P>
<P>(2) any movement of a part 90 miner to or from an MMU; or
</P>
<P>(3) any assignment of a part 90 miner to the same occupation in a different location at a mine.
</P>
<P><I>Valid respirable dust sample.</I> A respirable dust sample collected and submitted as required by this part, including any sample for which the data were electronically transmitted to MSHA, and not voided by MSHA.
</P>
<CITA TYPE="N">[89 FR 28481, 28482, Apr. 18, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 90.3" NODE="30:1.0.1.12.40.1.221.3" TYPE="SECTION">
<HEAD>§ 90.3   Part 90 option; notice of eligibility; exercise of option.</HEAD>
<P>Effective April 14, 2025:
</P>
<P>(a) Any miner employed at a coal mine who, in the judgment of the Secretary of HHS, has evidence of the development of pneumoconiosis based on a chest X-ray, read and classified in the manner prescribed by the Secretary of HHS, or based on other medical examinations shall be afforded the option to work in an area of a mine where the average concentration of respirable dust in the mine atmosphere during each shift to which that miner is exposed is continuously maintained at or below the standard. Each of these miners shall be notified in writing of eligibility to exercise the option.
</P>
<P>(b) Any miner who is a section 203(b) miner on January 31, 1981, shall be a part 90 miner on February 1, 1981, entitled to full rights under this part to retention of pay rate, future actual wage increases, and future work assignment, shift and respirable dust protection.
</P>
<P>(c) Any part 90 miner who is transferred to a position at the same or another coal mine shall remain a part 90 miner entitled to full rights under this part at the new work assignment.
</P>
<P>(d) The option to work in a low dust area of the mine may be exercised for the first time by any miner employed at a coal mine who was eligible for the option under the old section 203(b) program (<I>www.msha.gov/REGSTECHAMEND.htm</I>), or is eligible for the option under this part by sending a written request to the Chief, Division of Health, Mine Safety and Health Enforcement, MSHA, 200 Constitution Avenue NW, Washington, DC 20210.
</P>
<P>(e) The option to work in a low dust area of the mine may be re-exercised by any miner employed at a coal mine who exercised the option under the old section 203(b) program (<I>www.msha.gov/REGSTECHAMEND.htm</I>) or exercised the option under this part by sending a written request to the Chief, Division of Health, Mine Safety and Health Enforcement, MSHA, 200 Constitution Avenue NW, Washington, DC 20210. The request should include the name and address of the mine and operator where the miner is employed.
</P>
<P>(f) No operator shall require from a miner a copy of the medical information received from the Secretary or Secretary of HHS.
</P>
<CITA TYPE="N">[89 FR 28482, Apr. 18, 2024, as amended at 91 FR 9449, Feb. 26, 2026]




</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:1.0.1.12.40.2" TYPE="SUBPART">
<HEAD>Subpart B—Dust Standards, Rights of Part 90 Miners</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24989, May 1, 2014, unless otherwise noted.




</PSPACE></SOURCE>

<DIV8 N="§ 90.100" NODE="30:1.0.1.12.40.2.221.1" TYPE="SECTION">
<HEAD>§ 90.100   Respirable dust standard.</HEAD>
<P>The following is required as of April 14, 2025. After the 20th calendar day following receipt of notification from MSHA that a part 90 miner is employed at the mine, the operator shall continuously maintain the average concentration of respirable dust in the mine atmosphere during each shift to which the part 90 miner in the active workings of the mine is exposed, as measured with an approved sampling device and expressed in terms of an equivalent concentration, at or below 0.5 mg/m
<SU>3</SU>.
</P>
<CITA TYPE="N">[89 FR 28482, Apr. 18, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 90.101" NODE="30:1.0.1.12.40.2.221.2" TYPE="SECTION">
<HEAD>§ 90.101   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 90.102" NODE="30:1.0.1.12.40.2.221.3" TYPE="SECTION">
<HEAD>§ 90.102   Transfer; notice.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) Whenever a part 90 miner is transferred in order to meet the standard, the operator shall transfer the miner to an existing position at the same coal mine on the same shift or shift rotation on which the miner was employed immediately before the transfer. The operator may transfer a part 90 miner to a different coal mine, a newly created position or a position on a different shift or shift rotation if the miner agrees in writing to the transfer. The requirements of this paragraph do not apply when the respirable dust concentration in a part 90 miner's work position complies with the standard but circumstances, such as reductions in workforce or changes in operational status, require a change in the miner's job or shift assignment.
</P>
<P>(b) On or before the 20th calendar day following receipt of notification from MSHA that a part 90 miner is employed at the mine, the operator shall give the District Manager written notice of the occupation and, if applicable, the MMU unit to which the part 90 miner shall be assigned on the 21st calendar day following receipt of the notification from MSHA.
</P>
<P>(c) After the 20th calendar day following receipt of notification from MSHA that a part 90 miner is employed at the mine, the operator shall give the District Manager written notice before any transfer of a part 90 miner. This notice shall include the scheduled date of the transfer.
</P>
<CITA TYPE="N">[89 FR 28482, 28483, Apr. 18, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 90.103" NODE="30:1.0.1.12.40.2.221.4" TYPE="SECTION">
<HEAD>§ 90.103   Compensation.</HEAD>
<P>(a) The operator shall compensate each part 90 miner at not less than the regular rate of pay received by that miner immediately before exercising the option under § 90.3.
</P>
<P>(b) Whenever a part 90 miner is transferred, the operator shall compensate the miner at not less than the regular rate of pay received by that miner immediately before the transfer.
</P>
<P>(c) Once a miner has been placed in a position in compliance with the provisions of part 90, paragraphs (a) and (b) of this section do not apply when the part 90 miner initiates and accepts a change in work assignment for reasons of job preference.
</P>
<P>(d) The operator shall compensate each miner who is a section 203(b) miner on January 31, 1981, at not less than the regular rate of pay that the miner is required to receive under section 203(b) of the Act immediately before the effective date of this part.
</P>
<P>(e) In addition to the compensation required to be paid under paragraphs (a), (b), and (d) of this section, the operator shall pay each part 90 miner the actual wage increases that accrue to the classification to which the miner is assigned.
</P>
<P>(f) If a miner is temporarily employed in an occupation other than his or her regular work classification for two months or more before exercising the option under § 90.3, the miner's regular rate of pay for purposes of paragraph (a) and (b) of this section is the higher of the temporary or regular rates of pay. If the temporary assignment is for less than two months, the operator may pay the part 90 miner at his or her regular work classification rate regardless of the temporary wage rate.
</P>
<P>(g) If a part 90 miner is transferred, and the Secretary subsequently notifies the miner that notice of the miner's eligibility to exercise the part 90 option was incorrect, the operator shall retain the affected miner in the current position to which the miner is assigned and continue to pay the affected miner the applicable rate of pay provided in paragraphs (a), (b), (d), and (e) of this section, until:
</P>
<P>(1) The affected miner and operator agree in writing to a position with pay at not less than the regular rate of pay for that occupation; or
</P>
<P>(2) A position is available at the same coal mine in both the same occupation and on the same shift on which the miner was employed immediately before exercising the option under § 90.3 or under the old section 203(b) program (36 FR 20601, October 27, 1971).
</P>
<P>(i) When such a position is available, the operator shall offer the available position in writing to the affected miner with pay at not less than the regular rate of pay for that occupation.
</P>
<P>(ii) If the affected miner accepts the available position in writing, the operator shall implement the miner's reassignment upon notice of the miner's acceptance. If the miner does not accept the available position in writing, the miner may be reassigned and protections under part 90 shall not apply. Failure by the miner to act on the written offer of the available position within 15 days after notice of the offer is received from the operator shall operate as an election not to accept the available position.




</P>
</DIV8>


<DIV8 N="§ 90.104" NODE="30:1.0.1.12.40.2.221.5" TYPE="SECTION">
<HEAD>§ 90.104   Waiver of rights; re-exercise of option.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) A part 90 miner may waive his or her rights and be removed from MSHA's active list of miners who have rights under part 90 by:
</P>
<P>(1) Giving written notification to the Chief, Division of Health, Mine Safety and Health Enforcement, MSHA, that the miner waives all rights under this part;
</P>
<P>(2) Applying for and accepting a position in an area of a mine which the miner knows has an average respirable dust concentration exceeding the standard; or
</P>
<P>(3) Refusing to accept another position offered by the operator at the same coal mine that meets the requirements of §§ 90.100, 90.101 and 90.102(a) after dust sampling shows that the present position exceeds the applicable standard.
</P>
<P>(b) If rights under part 90 are waived, the miner gives up all rights under part 90 until the miner re-exercises the option in accordance with § 90.3(e) (Part 90 option; notice of eligibility; exercise of option).
</P>
<P>(c) If rights under part 90 are waived, the miner may re-exercise the option under this part in accordance with § 90.3(e) (Part 90 option; notice of eligibility; exercise of option) at any time.
</P>
<CITA TYPE="N">[89 FR 28483, Apr. 18, 2024]






</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:1.0.1.12.40.3" TYPE="SUBPART">
<HEAD>Subpart C—Sampling Procedures</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24990, May 1, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 90.201" NODE="30:1.0.1.12.40.3.221.1" TYPE="SECTION">
<HEAD>§ 90.201   Sampling; general and technical requirements.</HEAD>
<P>(a) An approved coal mine dust personal sampler unit (CMDPSU) shall be used to take samples of the concentration of respirable coal mine dust in the working environment of each part 90 miner as required by this part. On February 1, 2016, part 90 miners shall be sampled only with an approved continuous personal dust monitor (CPDM) as required by this part and an approved CMDPSU shall not be used, unless notified by the Secretary to continue to use an approved CMDPSU to conduct quarterly sampling.
</P>
<P>(b) If using a CMDPSU, the sampling device shall be worn or carried to and from each part 90 miner. If using a CPDM, the sampling device shall be worn by the part 90 miner at all times. Approved sampling devices shall be operated portal-to-portal and shall remain operational during the part 90 miner's entire shift, which includes the time spent performing normal work duties and while traveling to and from the assigned work location. If the work shift to be sampled is longer than 12 hours and the sampling device is:
</P>
<P>(1) A CMDPSU, the operator shall switch-out the unit's sampling pump prior to the 13th-hour of operation.
</P>
<P>(2) A CPDM, the operator shall switch-out the CPDM with a fully charged device prior to the 13th-hour of operation.
</P>
<P>(c) Unless otherwise directed by the District Manager, the respirable dust samples required under this part using a CMDPSU shall be taken by placing the sampling device as follows:
</P>
<P>(1) On the part 90 miner;
</P>
<P>(2) On the piece of equipment which the part 90 miner operates within 36 inches of the normal working position; or
</P>
<P>(3) At a location that represents the maximum concentration of dust to which the part 90 miner is exposed.
</P>
<P>(d) If using a CMDPSU, one control filter shall be used for each shift of sampling. Each control filter shall:
</P>
<P>(1) Have the same pre-weight date (noted on the dust data card) as the filter used for sampling;
</P>
<P>(2) Remain plugged at all times;
</P>
<P>(3) Be used for the same amount of time, and exposed to the same temperature and handling conditions as the filter used for sampling; and
</P>
<P>(4) Be kept with the exposed samples after sampling and in the same mailing container when transmitted to MSHA.
</P>
<P>(e) The respirable dust samples required by this part and taken with a CMDPSU shall be collected while the part 90 miner is performing normal work duties.
</P>
<P>(f) Records showing the length of each shift for each part 90 miner shall be made and retained for at least six months, and shall be made available for inspection by authorized representatives of the Secretary and submitted to the District Manager when requested in writing.
</P>
<P>(g) Upon request from the District Manager, the operator shall submit the date and time any respirable dust sampling required by this part will begin. This information shall be submitted at least 48 hours prior to scheduled sampling.
</P>
<P>(h) Operators using CPDMs shall provide training to all part 90 miners. The training shall be completed prior to a part 90 miner wearing a CPDM and then every 12 months thereafter. The training shall include:
</P>
<P>(1) The importance of monitoring dust concentrations and properly wearing the CPDM;
</P>
<P>(2) Explaining the basic features and capabilities of the CPDM;
</P>
<P>(3) Discussing the various types of information displayed by the CPDM and how to access that information; and
</P>
<P>(4) How to start and stop a short-term sample run during compliance sampling.
</P>
<P>(i) An operator shall keep a record of the CPDM training at the mine site for 24 months after completion of the training. An operator may keep the record elsewhere if the record is immediately accessible from the mine site by electronic transmission. Upon request from an authorized representative of the Secretary or Secretary of HHS, the operator shall promptly provide access to any such training records. The record shall include:
</P>
<P>(1) The date of training;
</P>
<P>(2) The names of miners trained; and
</P>
<P>(3) The subjects included in the training.
</P>
<P>(j) An anthracite mine using the full box, open breast, or slant breast mining method may use either a CPDM or a CMDPSU to conduct the required sampling. The mine operator shall notify the District Manager in writing of its decision to not use a CPDM.


</P>
</DIV8>


<DIV8 N="§ 90.202" NODE="30:1.0.1.12.40.3.221.2" TYPE="SECTION">
<HEAD>§ 90.202   Certified person; sampling.</HEAD>
<P>(a) The respirable dust sampling required by this part shall be performed by a certified person.
</P>
<P>(b) To be certified, a person shall complete the applicable MSHA course of instruction and pass the MSHA examination demonstrating competency in sampling procedures. Persons not certified in sampling and those certified only in maintenance and calibration procedures in accordance with § 90.203(b) are not permitted to collect respirable dust samples required by this part or handle approved sampling devices when being used in sampling.
</P>
<P>(c) To maintain certification, a person must pass the MSHA examination demonstrating competency in sampling procedures every three years.
</P>
<P>(d) MSHA may revoke a person's certification for failing to properly carry out the required sampling procedures.


</P>
</DIV8>


<DIV8 N="§ 90.203" NODE="30:1.0.1.12.40.3.221.3" TYPE="SECTION">
<HEAD>§ 90.203   Certified person; maintenance and calibration.</HEAD>
<P>(a) Approved sampling devices shall be maintained and calibrated by a certified person.
</P>
<P>(b) To be certified, a person shall complete the applicable MSHA course of instruction and pass the MSHA examination demonstrating competency in maintenance and calibration procedures for approved sampling devices. Necessary maintenance of the sampling head assembly of a CMDPSU, or the cyclone assembly of a CPDM, can be performed by persons certified in sampling or in maintenance and calibration.
</P>
<P>(c) To maintain certification, a person must pass the MSHA examination demonstrating competency in maintenance and calibration procedures every three years.
</P>
<P>(d) MSHA may revoke a person's certification for failing to properly carry out the required maintenance and calibration procedures.


</P>
</DIV8>


<DIV8 N="§ 90.204" NODE="30:1.0.1.12.40.3.221.4" TYPE="SECTION">
<HEAD>§ 90.204   Approved sampling devices; maintenance and calibration.</HEAD>
<P>(a) Approved sampling devices shall be maintained as approved under part 74 of this title and calibrated in accordance with MSHA Informational Report IR 1240 (1996) “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers” or in accordance with the manufacturer's recommendations if using a CPDM. Only persons certified in maintenance and calibration can perform maintenance on the CPDM or the pump unit of the CMDPSU.
</P>
<P>(b) Approved sampling devices shall be calibrated at the flowrate of 2.0 liters of air per minute (L/min) if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a different flowrate recommended by the manufacturer, before they are put into service and, thereafter, at time intervals recommended by the manufacturer or prescribed by the Secretary or Secretary of HHS.
</P>
<P>(c) If using a CMDPSU, sampling devices shall be examined and tested by a person certified in sampling or in maintenance and calibration within 3 hours before the start of the shift on which the approved sampling devices will be used to collect respirable dust samples. This is to assure that the sampling devices are clean and in proper working condition. This examination and testing shall include the following:
</P>
<P>(1) Examination of all components of the cyclone assembly to assure that they are clean and free of dust and dirt. This includes examining the interior of the connector barrel (located between the cassette assembly and vortex finder), vortex finder, cyclone body, and grit pot;
</P>
<P>(2) Examination of the inner surface of the cyclone body to assure that it is free of scoring or scratch marks on the inner surface of the cyclone where the air flow is directed by the vortex finder into the cyclone body;
</P>
<P>(3) Examination of the external hose connecting the pump unit to the sampling head assembly to assure that it is clean and free of leaks; and
</P>
<P>(4) Examination of the clamping and positioning of the cyclone body, vortex finder, and cassette to assure that they are rigid, in alignment, firmly in contact, and airtight.
</P>
<P>(5) Testing the voltage of each battery while under actual load to assure the battery is fully charged. This requires that a fully assembled and examined sampling head assembly be attached to the pump inlet with the pump unit running when the voltage check is made. The voltage for batteries used in the CMDPSU shall not be lower than the product of the number of cells in the battery multiplied by the manufacturer's nominal voltage per cell.
</P>
<P>(d) If using a CPDM, the certified person in sampling or in maintenance and calibration shall:
</P>
<P>(1) Follow the pre-operational examinations, testing, and set-up procedures, and perform necessary external maintenance recommended by the manufacturer to assure the operational readiness of the CPDM within 3 hours before the start of the shift on which the sampling device will be used to collect respirable dust samples; and
</P>
<P>(2) Perform other required scheduled examinations and maintenance procedures recommended by the manufacturer.
</P>
<P>(e) You must proceed in accordance with “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers,” MSHA Informational Report IR 1240 (1996), referenced in paragraph (a) of this section. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the MSHA Web site at <I>http://www.msha.gov</I> and you may inspect or obtain a copy at MSHA, Coal Mine Safety and Health, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9500; and at each MSHA Coal Mine Safety and Health District Office, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<CITA TYPE="N">[79 FR 24990, May 1, 2014, as amended at 80 FR 52993, Sept. 2, 2015; 91 FR 9449, Feb. 26, 2026]






</CITA>
</DIV8>


<DIV8 N="§ 90.205" NODE="30:1.0.1.12.40.3.221.5" TYPE="SECTION">
<HEAD>§ 90.205   Approved sampling devices; operation; air flowrate.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) Approved sampling devices shall be operated at the flowrate of 2.0 L/min if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a different flowrate recommended by the manufacturer.
</P>
<P>(b) If using a CMDPSU, each approved sampling device shall be examined each shift, by a person certified in sampling during:
</P>
<P>(1) The second hour after being put into operation to assure it is in the proper location, operating properly, and at the proper flowrate. If the proper flowrate is not maintained, necessary adjustments shall be made by the certified person. This examination is not required if the sampling device is being operated in an anthracite coal mine using the full box, open breast, or slant breast mining method.
</P>
<P>(2) The last hour of operation to assure that the sampling device is operating properly and at the proper flowrate. If the proper flowrate is not maintained, the respirable dust sample shall be transmitted to MSHA with a notation by the certified person on the back of the dust data card stating that the proper flowrate was not maintained. Other events occurring during the collection of respirable dust samples that may affect the validity of the sample, such as dropping of the sampling head assembly onto the mine floor, shall be noted on the back of the dust data card.
</P>
<P>(c) If using a CPDM, the person certified in sampling shall monitor the dust concentrations and the sampling status conditions being reported by the sampling device at mid-shift or more frequently as specified in the approved respirable dust control plan, if applicable, to assure: The sampling device is in the proper location and operating properly; and the work environment of the Part 90 miner being sampled remains in compliance with the standard at the end of the shift. This monitoring is not required if the sampling device is being operated in an anthracite coal mine using the full box, open breast, or slant breast mining method.
</P>
<CITA TYPE="N">[89 FR 28483, 28484, Apr. 18, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 90.206" NODE="30:1.0.1.12.40.3.221.6" TYPE="SECTION">
<HEAD>§ 90.206   Exercise of option or transfer sampling.</HEAD>
<P>(a) The operator shall take five valid representative dust samples for each part 90 miner within 15 calendar days after:
</P>
<P>(1) The 20-day period specified for each part 90 miner in § 90.100; and
</P>
<P>(2) Implementing any transfer after the 20th calendar day following receipt of notification from MSHA that a part 90 miner is employed at the mine.
</P>
<P>(b) Noncompliance with the standard shall be determined in accordance with § 90.207(d).
</P>
<P>(c) Upon issuance of a citation for a violation of the standard, the operator shall comply with § 90.207(f).
</P>
<CITA TYPE="N">[89 FR 28484, Apr. 18, 2024]








</CITA>
</DIV8>


<DIV8 N="§ 90.207" NODE="30:1.0.1.12.40.3.221.7" TYPE="SECTION">
<HEAD>§ 90.207   Quarterly sampling.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) Each operator shall take five valid representative samples every calendar quarter from the environment of each part 90 miner while performing normal work duties. Part 90 miner samples shall be collected on consecutive work days. The quarterly periods are:
</P>
<P>(1) January 1-March 31
</P>
<P>(2) April 1-June 30
</P>
<P>(3) July 1-September 30
</P>
<P>(4) October 1-December 31.
</P>
<P>(b) [Reserved]
</P>
<P>(c) When a valid representative sample taken in accordance with this section meets or exceeds the ECV in table 1 to this section corresponding to the particular sampling device used, the mine operator shall:
</P>
<P>(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
</P>
<P>(2) Immediately take corrective action to lower the concentration of respirable coal mine dust to below the standard; and
</P>
<P>(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the part 90 miner.
</P>
<P>(d) Noncompliance with the standard is demonstrated during the sampling period when:
</P>
<P>(1) Two or more valid representative samples meet or exceed the ECV in table 1 to this section that corresponds to the particular sampling device used; or
</P>
<P>(2) The average for all valid representative samples meets or exceeds the ECV in table 1 to this section that corresponds to the particular sampling device used.
</P>
<P>(e) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the standard, paragraph (a) of this section shall not apply to that Part 90 miner until the violation is abated and the citation is terminated in accordance with paragraphs (e) and (f) of this section.
</P>
<P>(f) Upon issuance of a citation for a violation of the standard, the operator shall take the following actions sequentially:
</P>
<P>(1) Make approved respiratory equipment available to the affected part 90 miner in accordance with § 72.700 of this subchapter.
</P>
<P>(2) Immediately take corrective action to lower the concentration of respirable dust to below the standard. If the corrective action involves:
</P>
<P>(i) Reducing the respirable dust levels in the work position of the part 90 miner identified in the citation, the operator shall implement the proposed corrective actions and begin sampling the affected miner within 8 calendar days after the date the citation is issued, until five valid representative samples are taken.
</P>
<P>(ii) Transferring the Part 90 miner to another work position at the mine to meet the standard, the operator shall comply with § 90.102 and then sample the affected miner in accordance with § 90.206(a).
</P>
<P>(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the part 90 miner.
</P>
<P>(g) A citation for a violation of the standard shall be terminated by MSHA when the equivalent concentration of each of the five valid representative samples is below the standard.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1 to § 90.207—Excessive Concentration Values (ECV) Based on a Single Sample, Two Samples, or the Average of Five Full-Shift CMDPSU/CPDM Concentration Measurements
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Section
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Samples
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">ECV (mg/m
<sup>3</sup>)
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">CMDPSU
</TH><TH class="gpotbl_colhed" scope="col">CPDM
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.207(c)</TD><TD align="left" class="gpotbl_cell">Single sample</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.207(d)(1)</TD><TD align="left" class="gpotbl_cell">2 or more samples</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.207(d)(2)</TD><TD align="left" class="gpotbl_cell">5 sample average</TD><TD align="right" class="gpotbl_cell">0.61</TD><TD align="right" class="gpotbl_cell">0.53
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90.207(g)</TD><TD align="left" class="gpotbl_cell">Each of 5 samples</TD><TD align="right" class="gpotbl_cell">0.74</TD><TD align="right" class="gpotbl_cell">0.57</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[89 FR 28484, 28485, Apr. 18, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 90.208" NODE="30:1.0.1.12.40.3.221.8" TYPE="SECTION">
<HEAD>§ 90.208   Respirable dust samples; transmission by operator.</HEAD>
<P>(a) If using a CMDPSU, the operator shall transmit within 24 hours after the end of the sampling shift all samples collected to fulfill the requirements of this part, including control filters, in containers provided by the manufacturer of the filter cassette to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to any other address designated by the District Manager.
</P>
<P>(b) The operator shall not open or tamper with the seal of any filter cassette or alter the weight of any filter cassette before or after it is used to fulfill the requirements of this part.
</P>
<P>(c) A person certified in sampling shall properly complete the dust data card that is provided by the manufacturer for each filter cassette. The card shall have an identification number identical to that on the cassette used to take the sample and be submitted to MSHA with the sample. Each card shall be signed by the certified person who actually performed the required examinations under 90.205(b) of this part during the sampling shift and shall include that person's MSHA Individual Identification Number (MIIN). Respirable dust samples with data cards not properly completed may be voided by MSHA.
</P>
<P>(d) All respirable dust samples collected by the operator shall be considered taken to fulfill the sampling requirements of part 70, 71, or 90 of this title, unless the sample has been identified in writing by the operator to the District Manager, prior to the intended sampling shift, as a sample to be used for purposes other than required by part 70, 71, or 90 of this title.
</P>
<P>(e) Respirable dust samples received by MSHA in excess of those required by this part shall be considered invalid samples.
</P>
<P>(f) If using a CPDM, the person certified in sampling shall (1) validate, certify, and transmit electronically to MSHA within 24 hours after the end of each sampling shift all sample data file information collected and stored in the CPDM, including the sampling status conditions encountered when sampling each part 90 miner; and (2) not tamper with the CPDM or its components in any way before, during, or after it is used to fulfill the requirements of this part, or alter any data files. All CPDM data files transmitted electronically to MSHA shall be maintained by the operator for at least 12 months.
</P>
<CITA TYPE="N">[79 FR 24988, May 1, 2014, as amended at 80 FR 52993, Sept. 2, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 90.209" NODE="30:1.0.1.12.40.3.221.9" TYPE="SECTION">
<HEAD>§ 90.209   Respirable dust samples; report to operator.</HEAD>
<P>(a) MSHA shall provide the operator, as soon as practicable, a report with the following data on respirable dust samples submitted or whose results were transmitted electronically, if using a CPDM, in accordance with this part:
</P>
<P>(1) The mine identification number;
</P>
<P>(2) The locations within the mine from which the samples were taken;
</P>
<P>(3) The concentration of respirable dust, expressed as an equivalent concentration for each valid sample;
</P>
<P>(4) The average equivalent concentration of respirable dust for all valid samples;
</P>
<P>(5) The occupation code;
</P>
<P>(6) The reason for voiding any sample; and
</P>
<P>(7) The part 90 miner's MSHA Individual Identification Number (MIIN).
</P>
<P>(b) Upon receipt, the operator shall provide a copy of this report to the part 90 miner. The operator shall not post the original or a copy of this report on the mine bulletin board.
</P>
<P>(c) If using a CPDM, the person certified in sampling shall print, sign, and provide to each part 90 miner, a paper record (Dust Data Card) of the sample run within one hour after the start of the part 90 miner's next work shift. This hard-copy record shall include the data entered when the sample run was first programmed, and the following:
</P>
<P>(1) The mine identification number;
</P>
<P>(2) The location within the mine from which the sample was taken;
</P>
<P>(3) The concentration of respirable dust, expressed as an equivalent concentration reported and stored for each sample;
</P>
<P>(4) The sampling status conditions encountered for each sample;
</P>
<P>(5) The shift length; and
</P>
<P>(6) The part 90 miner's MSHA Individual Identification Number (MIIN).
</P>
<P>(d) The operator shall not post data on respirable dust samples for part 90 miners on the mine bulletin board.


</P>
</DIV8>


<DIV8 N="§ 90.210" NODE="30:1.0.1.12.40.3.221.10" TYPE="SECTION">
<HEAD>§ 90.210   Status change reports.</HEAD>
<P>If there is a change in the status of a part 90 miner (such as entering a terminated, injured, or ill status, or returning to work), the operator shall report the change in the status of the part 90 miner to the MSHA District Office or to any other MSHA office designated by the District Manager. Status changes shall be reported in writing or by electronic means within 3 working days after the status change has occurred.


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:1.0.1.12.40.4" TYPE="SUBPART">
<HEAD>Subpart D—Respirable Dust Control Plans</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 24993, May 1, 2014, unless otherwise noted.




</PSPACE></SOURCE>

<DIV8 N="§ 90.300" NODE="30:1.0.1.12.40.4.221.1" TYPE="SECTION">
<HEAD>§ 90.300   Respirable dust control plan; filing requirements.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) If an operator abates a violation of the standard by reducing the respirable dust level in the position of the Part 90 miner, the operator shall submit to the District Manager for approval a written respirable dust control plan for the Part 90 miner in the position identified in the citation within 15 calendar days after the citation is terminated. The respirable dust control plan and revisions thereof shall be suitable to the conditions and the mining system of the coal mine and shall be adequate to continuously maintain respirable dust below the standard for that Part 90 miner.
</P>
<P>(b) Each respirable dust control plan shall include at least the following:
</P>
<P>(1) The mine identification number assigned by MSHA, the operator's name, mine name, mine address, and mine telephone number and the name, address and telephone number of the principal officer in charge of health and safety at the mine;
</P>
<P>(2) The name and MSHA Individual Identification Number of the part 90 miner and the position at the mine to which the plan applies;
</P>
<P>(3) A detailed description of how each of the respirable dust control measures used to continuously maintain concentrations of respirable coal mine dust below the standard; and
</P>
<P>(4) A detailed description of how each of the respirable dust control measures described in response to paragraph (b)(3) of this section will continue to be used by the operator, including at least the specific time, place, and manner the control measures will be used.
</P>
<CITA TYPE="N">[89 FR 28485, Apr. 18, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 90.301" NODE="30:1.0.1.12.40.4.221.2" TYPE="SECTION">
<HEAD>§ 90.301   Respirable dust control plan; approval by District Manager; copy to part 90 miner.</HEAD>
<P>As of April 14, 2025:
</P>
<P>(a) The District Manager will approve respirable dust control plans on a mine-by-mine basis. When approving respirable dust control plans, the District Manager shall consider whether:
</P>
<P>(1) The respirable dust control measures would be likely to maintain concentrations of respirable coal mine dust below the standard; and
</P>
<P>(2) The operator's compliance with all provisions of the respirable dust control plan could be objectively ascertained by MSHA.
</P>
<P>(b) MSHA may take respirable dust samples to determine whether the respirable dust control measures in the operator's plan effectively maintain concentrations of respirable coal mine dust below the standard.
</P>
<P>(c) The operator shall comply with all provisions of each respirable dust control plan upon notice from MSHA that the respirable dust control plan is approved.
</P>
<P>(d) The operator shall provide a copy of the current respirable dust control plan required under this part to the part 90 miner. The operator shall not post the original or a copy of the plan on the mine bulletin board.
</P>
<P>(e) The operator may review respirable dust control plans and submit proposed revisions to such plans to the District Manager for approval.
</P>
<CITA TYPE="N">[89 FR 28485, Apr. 18, 2024]




</CITA>
</DIV8>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="P" NODE="30:1.0.1.13" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER P—CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY AND HEALTH ACT OF 1977


</HEAD>

<DIV5 N="100" NODE="30:1.0.1.13.41" TYPE="PART">
<HEAD>PART 100—CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301; 30 U.S.C. 815, 820, 957; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>72 FR 13635, Mar. 22, 2007, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 100.1" NODE="30:1.0.1.13.41.0.221.1" TYPE="SECTION">
<HEAD>§ 100.1   Scope and purpose.</HEAD>
<P>This part provides the criteria and procedures for proposing civil penalties under sections 105 and 110 of the Federal Mine Safety and Health Act of 1977 (Mine Act). The purpose of this part is to provide a fair and equitable procedure for the application of the statutory criteria in determining proposed penalties for violations, to maximize the incentives for mine operators to prevent and correct hazardous conditions, and to assure the prompt and efficient processing and collection of penalties. 


</P>
</DIV8>


<DIV8 N="§ 100.2" NODE="30:1.0.1.13.41.0.221.2" TYPE="SECTION">
<HEAD>§ 100.2   Applicability.</HEAD>
<P>The criteria and procedures in this part are applicable to all proposed assessments of civil penalties for violations of the Mine Act and the standards and regulations promulgated pursuant to the Mine Act, as amended. MSHA shall review each citation and order and shall make proposed assessments of civil penalties. 


</P>
</DIV8>


<DIV8 N="§ 100.3" NODE="30:1.0.1.13.41.0.221.3" TYPE="SECTION">
<HEAD>§ 100.3   Determination of penalty amount; regular assessment.</HEAD>
<P>(a) <I>General.</I> (1) Except as provided in § 100.5(e), the operator of any mine in which a violation occurs of a mandatory health or safety standard or who violates any other provision of the Mine Act, as amended, shall be assessed a civil penalty of not more than $90,649. Each occurrence of a violation of a mandatory safety or health standard may constitute a separate offense. The amount of the proposed civil penalty shall be based on the criteria set forth in sections 105(b) and 110(i) of the Mine Act. These criteria are:
</P>
<P>(i) The appropriateness of the penalty to the size of the business of the operator charged;
</P>
<P>(ii) The operator's history of previous violations;
</P>
<P>(iii) Whether the operator was negligent;
</P>
<P>(iv) The gravity of the violation;
</P>
<P>(v) The demonstrated good faith of the operator charged in attempting to achieve rapid compliance after notification of a violation; and
</P>
<P>(vi) The effect of the penalty on the operator's ability to continue in business.
</P>
<P>(2) A regular assessment is determined by first assigning the appropriate number of penalty points to the violation by using the appropriate criteria and tables set forth in this section. The total number of penalty points will then be converted into a dollar amount under the penalty conversion table in paragraph (g) of this section. The penalty amount will be adjusted for demonstrated good faith in accordance with paragraph (f) of this section.
</P>
<P>(b) <I>The appropriateness of the penalty to the size of the business of the operator charged.</I> The appropriateness of the penalty to the size of the mine operator's business is calculated by using both the size of the mine cited and the size of the mine's controlling entity. The size of coal mines and their controlling entities is measured by coal production. The size of metal and nonmetal mines and their controlling entities is measured by hours worked. The size of independent contractors is measured by the total hours worked at all mines. Penalty points for size are assigned based on Tables I to V. As used in these tables, the terms “annual tonnage” and “annual hours worked” mean coal produced and hours worked in the previous calendar year. In cases where a full year of data is not available, the coal produced or hours worked is prorated to an annual basis. This criterion accounts for a maximum of 25 penalty points. 
</P>
<img src="/graphics/er22mr07.024.gif"/>
<img src="/graphics/er22mr07.025.gif"/>
<img src="/graphics/er22mr07.026.gif"/>
<P>(c) <I>History of previous violations.</I> An operator's history of previous violations is based on both the total number of violations and the number of repeat violations of the same citable provision of a standard in a preceding 15-month period. Only assessed violations that have been paid or finally adjudicated, or have become final orders of the Commission will be included in determining an operator's history. The repeat aspect of the history criterion in paragraph (c)(2) of this section applies only after an operator has received 10 violations or an independent contractor operator has received 6 violations.
</P>
<P>(1) Total number of violations. For mine operators, penalty points are assigned on the basis of the number of violations per inspection day (VPID)(Table VI). Penalty points are not assigned for mines with fewer than 10 violations in the specified history period. For independent contractors, penalty points are assigned on the basis of the total number of violations at all mines (Table VII). This aspect of the history criterion accounts for a maximum of 25 penalty points. 
</P>
<img src="/graphics/er22mr07.027.gif"/>
<P>(2) Repeat violations of the same standard. Repeat violation history is based on the number of violations of the same citable provision of a standard in a preceding 15-month period. For coal and metal and nonmetal mine operators with a minimum of six repeat violations, penalty points are assigned on the basis of the number of repeat violations per inspection day (RPID) (Table VIII). For independent contractors, penalty points are assigned on the basis of the number of violations at all mines (Table IX). This aspect of the history criterion accounts for a maximum of 20 penalty points (Table VIII). 
</P>
<img src="/graphics/er22mr07.028.gif"/>
<P>(d) <I>Negligence.</I> Negligence is conduct, either by commission or omission, which falls below a standard of care established under the Mine Act to protect miners against the risks of harm. Under the Mine Act, an operator is held to a high standard of care. A mine operator is required to be on the alert for conditions and practices in the mine that affect the safety or health of miners and to take steps necessary to correct or prevent hazardous conditions or practices. The failure to exercise a high standard of care constitutes negligence. The negligence criterion assigns penalty points based on the degree to which the operator failed to exercise a high standard of care. When applying this criterion, MSHA considers mitigating circumstances which may include, but are not limited to, actions taken by the operator to prevent or correct hazardous conditions or practices. This criterion accounts for a maximum of 50 penalty points, based on conduct evaluated according to Table X. 
</P>
<img src="/graphics/er22mr07.029.gif"/>
<P>(e) <I>Gravity.</I> Gravity is an evaluation of the seriousness of the violation. This criterion accounts for a maximum of 88 penalty points, as derived from the Tables XI through XIII. Gravity is determined by the likelihood of the occurrence of the event against which a standard is directed; the severity of the illness or injury if the event has occurred or was to occur; and the number of persons potentially affected if the event has occurred or were to occur. 
</P>
<img src="/graphics/er22mr07.030.gif"/>
<img src="/graphics/er22mr07.031.gif"/>
<P>(f) <I>Demonstrated good faith of the operator in abating the violation.</I> This criterion provides a 10% reduction in the penalty amount of a regular assessment where the operator abates the violation within the time set by the inspector.
</P>
<P>(g) <I>Penalty conversion table.</I> The penalty conversion table is used to convert the total penalty points to a dollar amount. 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 14 to Paragraph (<E T="01">g</E>)—Penalty Conversion Table
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Points
</TH><TH class="gpotbl_colhed" scope="col">Penalty
<br/>($)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">60 or fewer</TD><TD align="right" class="gpotbl_cell">$168
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">61</TD><TD align="right" class="gpotbl_cell">184
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62</TD><TD align="right" class="gpotbl_cell">197
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">63</TD><TD align="right" class="gpotbl_cell">215
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">64</TD><TD align="right" class="gpotbl_cell">233
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">65</TD><TD align="right" class="gpotbl_cell">252
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">66</TD><TD align="right" class="gpotbl_cell">273
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">67</TD><TD align="right" class="gpotbl_cell">297
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">68</TD><TD align="right" class="gpotbl_cell">320
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">69</TD><TD align="right" class="gpotbl_cell">348
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70</TD><TD align="right" class="gpotbl_cell">374
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">71</TD><TD align="right" class="gpotbl_cell">407
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">72</TD><TD align="right" class="gpotbl_cell">443
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">73</TD><TD align="right" class="gpotbl_cell">480
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">74</TD><TD align="right" class="gpotbl_cell">517
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">75</TD><TD align="right" class="gpotbl_cell">561
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">76</TD><TD align="right" class="gpotbl_cell">610
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">77</TD><TD align="right" class="gpotbl_cell">658
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">78</TD><TD align="right" class="gpotbl_cell">714
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">79</TD><TD align="right" class="gpotbl_cell">775
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">80</TD><TD align="right" class="gpotbl_cell">839
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">81</TD><TD align="right" class="gpotbl_cell">909
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">82</TD><TD align="right" class="gpotbl_cell">982
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">83</TD><TD align="right" class="gpotbl_cell">1,066
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">84</TD><TD align="right" class="gpotbl_cell">1,153
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">85</TD><TD align="right" class="gpotbl_cell">1,252
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">86</TD><TD align="right" class="gpotbl_cell">1,355
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">87</TD><TD align="right" class="gpotbl_cell">1,467
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">88</TD><TD align="right" class="gpotbl_cell">1,590
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">89</TD><TD align="right" class="gpotbl_cell">1,723
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">90</TD><TD align="right" class="gpotbl_cell">1,866
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">91</TD><TD align="right" class="gpotbl_cell">2,021
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">92</TD><TD align="right" class="gpotbl_cell">2,187
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">93</TD><TD align="right" class="gpotbl_cell">2,371
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">94</TD><TD align="right" class="gpotbl_cell">2,569
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">95</TD><TD align="right" class="gpotbl_cell">2,782
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">96</TD><TD align="right" class="gpotbl_cell">3,014
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">97</TD><TD align="right" class="gpotbl_cell">3,263
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">98</TD><TD align="right" class="gpotbl_cell">3,538
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">99</TD><TD align="right" class="gpotbl_cell">3,832
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">100</TD><TD align="right" class="gpotbl_cell">4,152
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">101</TD><TD align="right" class="gpotbl_cell">4,497
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">102</TD><TD align="right" class="gpotbl_cell">4,871
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">103</TD><TD align="right" class="gpotbl_cell">5,277
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">104</TD><TD align="right" class="gpotbl_cell">5,716
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">105</TD><TD align="right" class="gpotbl_cell">6,194
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">106</TD><TD align="right" class="gpotbl_cell">6,708
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">107</TD><TD align="right" class="gpotbl_cell">7,267
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">108</TD><TD align="right" class="gpotbl_cell">7,872
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">109</TD><TD align="right" class="gpotbl_cell">8,529
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">110</TD><TD align="right" class="gpotbl_cell">9,239
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">111</TD><TD align="right" class="gpotbl_cell">10,005
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">112</TD><TD align="right" class="gpotbl_cell">10,842
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">113</TD><TD align="right" class="gpotbl_cell">11,744
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">114</TD><TD align="right" class="gpotbl_cell">12,723
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">115</TD><TD align="right" class="gpotbl_cell">13,782
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">116</TD><TD align="right" class="gpotbl_cell">14,929
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">117</TD><TD align="right" class="gpotbl_cell">16,175
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">118</TD><TD align="right" class="gpotbl_cell">17,521
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">119</TD><TD align="right" class="gpotbl_cell">18,981
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">120</TD><TD align="right" class="gpotbl_cell">20,560
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">121</TD><TD align="right" class="gpotbl_cell">22,275
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">122</TD><TD align="right" class="gpotbl_cell">24,126
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">123</TD><TD align="right" class="gpotbl_cell">26,139
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">124</TD><TD align="right" class="gpotbl_cell">28,316
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">125</TD><TD align="right" class="gpotbl_cell">30,670
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">126</TD><TD align="right" class="gpotbl_cell">33,227
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">127</TD><TD align="right" class="gpotbl_cell">35,995
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">128</TD><TD align="right" class="gpotbl_cell">38,992
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">129</TD><TD align="right" class="gpotbl_cell">42,241
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">130</TD><TD align="right" class="gpotbl_cell">45,760
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">131</TD><TD align="right" class="gpotbl_cell">49,571
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">132</TD><TD align="right" class="gpotbl_cell">53,698
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">133</TD><TD align="right" class="gpotbl_cell">58,171
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">134</TD><TD align="right" class="gpotbl_cell">62,812
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">135</TD><TD align="right" class="gpotbl_cell">67,449
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">136</TD><TD align="right" class="gpotbl_cell">72,092
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">137</TD><TD align="right" class="gpotbl_cell">76,728
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">138</TD><TD align="right" class="gpotbl_cell">81,369
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">139</TD><TD align="right" class="gpotbl_cell">86,008
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">140 or more</TD><TD align="right" class="gpotbl_cell">90,649</TD></TR></TABLE></DIV></DIV>
<P>(h) The effect of the penalty on the operator's ability to continue in business. MSHA presumes that the operator's ability to continue in business will not be affected by the assessment of a civil penalty. The operator may, however, submit information to the District Manager concerning the financial status of the business. If the information provided by the operator indicates that the penalty will adversely affect the operator's ability to continue in business, the penalty may be reduced. 
</P>
<CITA TYPE="N">[72 FR 13635, Mar. 22, 2007, as amended at 73 FR 7209, Feb. 7, 2008; 81 FR 43455, July 1, 2016; 82 FR 5383, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 219, Jan. 23, 2019; 85 FR 2299, Jan. 15, 2020; 86 FR 2970, Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88 FR 2218, Jan. 13, 2023; 89 FR 1817, Jan. 11, 2024; 90 FR 1862, Jan. 10, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 100.4" NODE="30:1.0.1.13.41.0.221.4" TYPE="SECTION">
<HEAD>§ 100.4   Unwarrantable failure and immediate notification.</HEAD>
<P>(a) The minimum penalty for any citation or order issued under section 104(d)(1) of the Mine Act shall be $3,022.
</P>
<P>(b) The minimum penalty for any order issued under section 104(d)(2) of the Mine Act shall be $6,041.
</P>
<P>(c) The penalty for failure to provide timely notification to the Secretary under section 103(j) of the Mine Act will be not less than $7,555 and not more than $90,649 for the following accidents:
</P>
<P>(1) The death of an individual at the mine, or
</P>
<P>(2) An injury or entrapment of an individual at the mine, which has a reasonable potential to cause death.
</P>
<CITA TYPE="N">[72 FR 13635, Mar. 22, 2007, as amended at 74 FR 68919, Dec. 29, 2009; 77 FR 76408, Dec. 28, 2012; 81 FR 43455, July 1, 2016; 82 FR 5383, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 220, Jan. 23, 2019; 85 FR 2299, Jan. 15, 2020; 86 FR 2970, Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88 FR 2218, Jan. 13, 2023; 89 FR 1818, Jan. 11, 2024; 90 FR 1862, Jan. 10, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 100.5" NODE="30:1.0.1.13.41.0.221.5" TYPE="SECTION">
<HEAD>§ 100.5   Determination of penalty amount; special assessment.</HEAD>
<P>(a) MSHA may elect to waive the regular assessment under § 100.3 if it determines that conditions warrant a special assessment.
</P>
<P>(b) When MSHA determines that a special assessment is appropriate, the proposed penalty will be based on the six criteria set forth in § 100.3(a). All findings shall be in narrative form.
</P>
<P>(c) Any operator who fails to correct a violation for which a citation has been issued under Section 104(a) of the Mine Act within the period permitted for its correction may be assessed a civil penalty of not more than $9,820 for each day during which such failure or violation continues.
</P>
<P>(d) Any miner who willfully violates the mandatory safety standards relating to smoking or the carrying of smoking materials, matches, or lighters shall be subject to a civil penalty of not more than $414 for each occurrence of such violation.
</P>
<P>(e) Violations that are deemed to be flagrant under section 110(b)(2) of the Mine Act may be assessed a civil penalty of not more than $332,376. For purposes of this section, a flagrant violation means “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.”
</P>
<CITA TYPE="N">[72 FR 13635, Mar. 22, 2007, as amended at 73 FR 7210, Feb. 7, 2008; 74 FR 68919, Dec. 29, 2009; 77 FR 76408, Dec. 28, 2012; 81 FR 43456, July 1, 2016; 82 FR 5383, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 220, Jan. 23, 2019; 85 FR 2299, Jan. 15, 2020; 86 FR 2970, Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88 FR 2218, Jan. 13, 2023; 89 FR 1818, Jan. 11, 2024; 90 FR 1862, Jan. 10, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 100.6" NODE="30:1.0.1.13.41.0.221.6" TYPE="SECTION">
<HEAD>§ 100.6   Procedures for review of citations and orders; procedures for assessment of civil penalties and conferences.</HEAD>
<P>(a) All parties shall be afforded the opportunity to review with MSHA each citation and order issued during an inspection. It is within the sole discretion of MSHA to grant a request for a conference and to determine the nature of the conference.
</P>
<P>(b) Upon notice by MSHA, all parties will have 10 days within which to submit additional information or request a safety and health conference with the District Manager or designee. A conference request may include a request to be notified of, and to participate in, a conference initiated by another party. A conference request must be in writing and must include a brief statement of the reason why each citation or order should be conferenced.
</P>
<P>(c) When a conference is conducted, the parties may submit any additional relevant information relating to the violation, either prior to or at the conference. To expedite the conference, the official assigned to the case may contact the parties to discuss the issues involved prior to the conference.
</P>
<P>(d) MSHA will consider all relevant information submitted in a timely manner by the parties with respect to the violation. When the facts warrant a finding that no violation occurred, the citation or order will be vacated. Upon conclusion of the conference, or expiration of the conference request period, all citations that are abated and all orders will be promptly referred to MSHA's Office of Assessments. The Office of Assessments will use the citations, orders, and inspector's evaluation as the basis for determining the appropriate amount of a proposed penalty. 


</P>
</DIV8>


<DIV8 N="§ 100.7" NODE="30:1.0.1.13.41.0.221.7" TYPE="SECTION">
<HEAD>§ 100.7   Notice of proposed penalty; notice of contest.</HEAD>
<P>(a) A notice of proposed penalty will be issued and served by certified mail, or the equivalent, upon the party to be charged and by regular mail to the representative of miners at the mine after the time permitted to request a conference under § 100.6 expires, or upon the completion of a conference, or upon review by MSHA of additional information submitted in a timely manner.
</P>
<P>(b) Upon receipt of the notice of proposed penalty, the party charged shall have 30 days to either:
</P>
<P>(1) Pay the proposed assessment. Acceptance by MSHA of payment tendered by the party charged will close the case.
</P>
<P>(2) Notify MSHA in writing of the intention to contest the proposed penalty. When MSHA receives the notice of contest, it advises the Federal Mine Safety and Health Review Commission (Commission) of such notice. No proposed penalty which has been contested before the Commission shall be compromised, mitigated or settled except with the approval of the Commission.
</P>
<P>(c) If the proposed penalty is not paid or contested within 30 days of receipt, the proposed penalty becomes a final order of the Commission and is not subject to review by any court or agency. 


</P>
</DIV8>


<DIV8 N="§ 100.8" NODE="30:1.0.1.13.41.0.221.8" TYPE="SECTION">
<HEAD>§ 100.8   Service.</HEAD>
<P>(a) All operators are required by part 41 (Notification of Legal Identity) of this chapter to file with MSHA the name and address of record of the operator. All representatives of miners are required by part 40 (Representative of Miners) of this chapter to file with MSHA the mailing address of the person or organization acting in a representative capacity. Proposed penalty assessments delivered to those addresses shall constitute service.
</P>
<P>(b) If any of the parties choose to have proposed penalty assessments mailed to a different address, the Office of Assessments must be notified in writing of the new address. Delivery to this address shall also constitute service.
</P>
<P>(c) Service for operators who fail to file under part 41 of this chapter will be upon the last known business address recorded with MSHA.


</P>
</DIV8>

</DIV5>


<DIV5 N="101-103" NODE="30:1.0.1.13.42" TYPE="PART">
<HEAD>PARTS 101-103 [RESERVED] 


</HEAD>
</DIV5>

</DIV4>


<DIV4 N="Q" NODE="30:1.0.1.14" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER Q—PATTERN OF VIOLATIONS


</HEAD>

<DIV5 N="104" NODE="30:1.0.1.14.43" TYPE="PART">
<HEAD>PART 104—PATTERN OF VIOLATIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 814(e), 957.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>78 FR 5073, Jan. 23, 2013, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 104.1" NODE="30:1.0.1.14.43.0.221.1" TYPE="SECTION">
<HEAD>§ 104.1   Purpose and scope.</HEAD>
<P>This part establishes the criteria and procedures for determining whether a mine operator has established a pattern of significant and substantial (S&amp;S) violations at a mine. It implements section 104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act) by addressing mines with an inspection history of recurrent S&amp;S violations of mandatory safety or health standards that demonstrate a mine operator's disregard for the health and safety of miners. The purpose of the procedures in this part is the restoration of effective safe and healthful conditions at such mines.


</P>
</DIV8>


<DIV8 N="§ 104.2" NODE="30:1.0.1.14.43.0.221.2" TYPE="SECTION">
<HEAD>§ 104.2   Pattern criteria.</HEAD>
<P>(a) At least once each year, MSHA will review the compliance and accident, injury, and illness records of mines to determine if any mines meet the pattern of violations criteria. MSHA's review to identify mines with a pattern of S&amp;S violations will include:
</P>
<P>(1) Citations for S&amp;S violations;
</P>
<P>(2) Orders under section 104(b) of the Mine Act for not abating S&amp;S violations;
</P>
<P>(3) Citations and withdrawal orders under section 104(d) of the Mine Act, resulting from the mine operator's unwarrantable failure to comply;
</P>
<P>(4) Imminent danger orders under section 107(a) of the Mine Act;
</P>
<P>(5) Orders under section 104(g) of the Mine Act requiring withdrawal of miners who have not received training and who MSHA declares to be a hazard to themselves and others;
</P>
<P>(6) Enforcement measures, other than section 104(e) of the Mine Act, that have been applied at the mine;
</P>
<P>(7) Other information that demonstrates a serious safety or health management problem at the mine, such as accident, injury, and illness records; and
</P>
<P>(8) Mitigating circumstances.
</P>
<P>(b) MSHA will post the specific pattern criteria on its Web site.


</P>
</DIV8>


<DIV8 N="§ 104.3" NODE="30:1.0.1.14.43.0.221.3" TYPE="SECTION">
<HEAD>§ 104.3   Issuance of notice.</HEAD>
<P>(a) When a mine has a pattern of violations, the District Manager will issue a pattern of violations notice to the mine operator that specifies the basis for the Agency's action. The District Manager will also provide a copy of this notice to the representative of miners.
</P>
<P>(b) The mine operator shall post the pattern of violations notice issued under this part on the mine bulletin board. The pattern of violations notice shall remain posted at the mine until MSHA terminates it under § 104.4 of this part.
</P>
<P>(c) If MSHA finds any S&amp;S violation within 90 days after issuance of the pattern notice, MSHA will issue an order for the withdrawal of all persons from the affected area, except those persons referred to in section 104(c) of the Mine Act, until the violation has been abated.
</P>
<P>(d) If a withdrawal order is issued under paragraph (c) of this section, any subsequent S&amp;S violation will result in a withdrawal order that will remain in effect until MSHA determines that the violation has been abated.


</P>
</DIV8>


<DIV8 N="§ 104.4" NODE="30:1.0.1.14.43.0.221.4" TYPE="SECTION">
<HEAD>§ 104.4   Termination of notice.</HEAD>
<P>(a) Termination of a section 104(e)(1) pattern of violations notice shall occur when an MSHA inspection of the entire mine finds no S&amp;S violations or if MSHA does not issue a withdrawal order in accordance with section 104(e)(1) of the Mine Act within 90 days after the issuance of the pattern of violations notice.
</P>
<P>(b) The mine operator may request an inspection of the entire mine or portion of the mine. MSHA will not provide advance notice of the inspection and will determine the scope of the inspection. Inspections of portions of the mine, within 90 days, that together cover the entire mine shall constitute an inspection of the entire mine for the purposes of this part.


</P>
</DIV8>

</DIV5>


<DIV5 N="105-199" NODE="30:1.0.1.14.44" TYPE="PART">
<HEAD>PARTS 105-199 [RESERVED]


</HEAD>
</DIV5>

</DIV4>

</DIV3>

</DIV1>

</ECFRBRWS>
<ECFRBRWS>
<AMDDATE>June 10, 2026
</AMDDATE>

<DIV1 N="2" NODE="30:2" TYPE="TITLE">

<HEAD>Title 30—Mineral Resources--Volume 2</HEAD>
<CFRTOC>
<PTHD>Part 
</PTHD>
<CHAPTI>
<SUBJECT><E T="04">chapter ii</E>—Bureau of Safety and Environmental Enforcement, Department of the Interior
</SUBJECT>
<PG>203
</PG></CHAPTI>
<CHAPTI>
<SUBJECT><E T="04">chapter iv</E>—Geological Survey, Department of the Interior
</SUBJECT>
<PG>401
</PG></CHAPTI>
<CHAPTI>
<SUBJECT><E T="04">chapter v</E>—Bureau of Ocean Energy Management, Department of the Interior
</SUBJECT>
<PG>519


</PG></CHAPTI></CFRTOC>

<DIV3 N="II" NODE="30:2.0.1" TYPE="CHAPTER">

<HEAD> CHAPTER II—BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DEPARTMENT OF THE INTERIOR </HEAD>

<DIV4 N="A" NODE="30:2.0.1.1" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER A—MINERALS REVENUE MANAGEMENT


</HEAD>

<DIV5 N="200-202" NODE="30:2.0.1.1.1" TYPE="PART">
<HEAD>PARTS 200-202 [RESERVED]


</HEAD>
</DIV5>


<DIV5 N="203" NODE="30:2.0.1.1.2" TYPE="PART">
<HEAD>PART 203—RELIEF OR REDUCTION IN ROYALTY RATES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>25 U.S.C. 396 <I>et seq.;</I> 25 U.S.C. 396a <I>et seq.;</I> 25 U.S.C. 2101 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.;</I> 30 U.S.C. 351 <I>et seq.;</I> 30 U.S.C. 1001 <I>et seq.;</I> 30 U.S.C. 1701 <I>et seq.;</I> 31 U.S.C. 9701; 42 U.S.C. 15903-15906; 43 U.S.C. 1301 <I>et seq.;</I> 43 U.S.C. 1331 <I>et seq.;</I> and 43 U.S.C. 1801 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.1.1.2.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 203.0" NODE="30:2.0.1.1.2.1.6.1" TYPE="SECTION">
<HEAD>§ 203.0   What definitions apply to this part?</HEAD>
<P><I>Authorized field</I> means a field:
</P>
<P>(1) Located in a water depth of at least 200 meters and in the Gulf of America-(GOA) west of 87 degrees, 30 minutes West longitude;
</P>
<P>(2) That includes one or more pre-Act leases; and
</P>
<P>(3) From which no current pre-Act lease produced, other than test production, before November 28, 1995.


</P>
<P><I>Certified unsuccessful well</I> means an original well or a sidetrack with a sidetrack measured depth (<I>i.e.,</I> length) of at least 10,000 feet, on your lease that:
</P>
<P>(1) You begin drilling on or after March 26, 2003, and before May 3, 2009, on a lease that is located in water partly or entirely less than 200 meters deep and that is not a non-converted lease, or on or after May 18, 2007, and before May 3, 2013, on a lease that is located in water entirely more than 200 meters and entirely less than 400 meters deep;
</P>
<P>(2) You begin drilling before your lease produces gas or oil from a well with a perforated interval the top of which is at least 18,000 feet true vertical depth subsea (TVD SS), (<I>i.e.,</I> below the datum at mean sea level);
</P>
<P>(3) You drill to at least 18,000 feet TVD SS with a target reservoir on your lease, identified from seismic and related data, deeper than that depth;
</P>
<P>(4) Fails to meet the producibility requirements of 30 CFR part 550, subpart A, and does not produce gas or oil, or meets those producibility requirements and Bureau of Ocean Energy Management (BOEM) agrees it is not commercially producible; and
</P>
<P>(5) For which you have provided the notices and information required under § 203.47.
</P>
<P><I>Complete application</I> means an original and two copies of the six reports consisting of the data specified in §§ 203.81, 203.83, and 203.85 through 203.89, along with one set of digital information, which Bureau of Safety and Environmental Enforcement (BSEE) has reviewed and found complete.
</P>
<P><I>Deep well</I> means either an original well or a sidetrack with a perforated interval the top of which is at least 15,000 feet TVD SS and less than 20,000 feet TVD SS. A deep well subsequently re-perforated at less than 15,000 feet TVD SS in the same reservoir is still a deep well.
</P>
<P><I>Determination</I> means the binding decision by BSEE on whether your field qualifies for relief or how large a royalty-suspension volume must be to make the field economically viable.
</P>
<P><I>Development project</I> means a project to develop one or more oil or gas reservoirs located on one or more contiguous leases that have had no production (other than test production) before the current application for royalty relief and are either:
</P>
<P>(1) Located in a planning area offshore Alaska; or
</P>
<P>(2) Located in the GOA in a water depth of at least 200 meters and wholly west of 87 degrees, 30 minutes West longitude, and were issued in a sale held after November 28, 2000.


</P>
<P><I>Draft application</I> means the preliminary set of information and assumptions you submit to seek a nonbinding assessment on whether a field could be expected to qualify for royalty relief.
</P>
<P><I>Eligible lease</I> means a lease that:
</P>
<P>(1) Is issued as part of an OCS lease sale held after November 28, 1995, and before November 28, 2000;
</P>
<P>(2) Is located in the Gulf of America in water depths of 200 meters or deeper;
</P>
<P>(3) Lies wholly west of 87 degrees, 30 minutes West longitude; and
</P>
<P>(4) Is offered subject to a royalty suspension volume.


</P>
<P><I>Expansion project</I> means a project that meets the following requirements:
</P>
<P>(1) You must propose the project in a (BOEM) Development and Production Plan, a BOEM Development Operations Coordination Document (DOCD), or a BOEM Supplement to a DOCD, approved by the Secretary of the Interior after November 28, 1995.
</P>
<P>(2) The project must be located on either:
</P>
<P>(i) A pre-Act lease in the GOA, or a lease in the GOA issued in a sale held after November 28, 2000, located wholly west of 87 degrees, 30 minutes West longitude; or
</P>
<P>(ii) A lease in a planning area offshore Alaska.
</P>
<P>(3) On a pre-Act lease in the GOA, the project:
</P>
<P>(i) Must significantly increase the ultimate recovery of resources from one or more reservoirs that have not previously produced (extending recovery from reservoirs already in production does not constitute a significant increase); and
</P>
<P>(ii) Must involve a substantial capital investment (<I>e.g.,</I> fixed-leg platform, subsea template and manifold, tension-leg platform, multiple well project, <I>etc.</I>).
</P>
<P>(4) For a lease issued in a planning area offshore Alaska, or in the GOA after November 28, 2000, the project must involve a new well drilled into a reservoir that has not previously produced.
</P>
<P>(5) On a lease in the GOA, the project must not include a reservoir the production from which an RSV under §§ 203.30 through 203.36 or §§ 203.40 through 203.48 would be applied.


</P>
<P><I>Fabrication (or start of construction)</I> means evidence of an irreversible commitment to a concept and scale of development. Evidence includes copies of a binding contract between you (as applicant) and a fabrication yard, a letter from a fabricator certifying that continuous construction has begun, and a receipt for the customary down payment.
</P>
<P><I>Field</I> means an area consisting of a single reservoir or multiple reservoirs all grouped on, or related to, the same general geological structural feature or stratigraphic trapping condition. Two or more reservoirs may be in a field, separated vertically by intervening impervious strata or laterally by local geologic barriers, or both.
</P>
<P><I>Lease</I> means a lease or unit.
</P>
<P><I>New production</I> means any production from a current pre-Act lease from which no royalties are due on production, other than test production, before November 28, 1995. Also, it means any additional production resulting from new lease-development activities on a lease issued in a sale after November 28, 2000, or a current pre-Act lease under a BOEM DOCD or a BOEM Supplement approved by the Secretary of the Interior after November 28, 1995.
</P>
<P><I>Nonbinding assessment</I> means an opinion by BSEE of whether your field could qualify for royalty relief. It is based on your draft application and does not entitle the field to relief.
</P>
<P><I>Non-converted lease</I> means a lease located partly or entirely in water less than 200 meters deep issued in a lease sale held after January 1, 2001, and before January 1, 2004, whose original lease terms provided for an RSV for deep gas production and the lessee has not exercised the option under § 203.49 to replace the lease terms for royalty relief with those in § 203.0 and §§ 203.40 through 203.48.
</P>
<P><I>Original well</I> means a well that is drilled without utilizing an existing wellbore. An original well includes all sidetracks drilled from the original wellbore either before the drilling rig moves off the well location or after a temporary rig move that BSEE agrees was forced by a weather or safety threat and drilling resumes within 1 year. A bypass from an original well (e.g., drilling around material blocking the hole or to straighten crooked holes) is part of the original well.
</P>
<P><I>Participating area</I> means that part of the unit area that BSEE determines is reasonably proven by drilling and completion of producible wells, geological and geophysical information, and engineering data to be capable of producing hydrocarbons in paying quantities.
</P>
<P><I>Performance conditions</I> mean minimum conditions you must meet, after we have granted relief and before production begins, to remain qualified for that relief. If you do not meet each one of these performance conditions, we consider it a change in material fact significant enough to invalidate our original evaluation and approval.
</P>
<P><I>Phase 1 ultra-deep well</I> means an ultra-deep well on a lease that is located in water partly or entirely less than 200 meters deep for which drilling began before May 18, 2007, and that begins production before May 3, 2009, or that meets the requirements to be a certified unsuccessful well.
</P>
<P><I>Phase 2 ultra-deep well</I> means an ultra-deep well for which drilling began on or after May 18, 2007; and that either meets the requirements to be a certified unsuccessful well or that begins production:
</P>
<P>(1) Before the date which is 5 years after the lease issuance date on a non-converted lease; or
</P>
<P>(2) Before May 3, 2009, on all other leases located in water partly or entirely less than 200 meters deep; or
</P>
<P>(3) Before May 3, 2013, on a lease that is located in water entirely more than 200 meters and entirely less than 400 meters deep.
</P>
<P><I>Phase 3 ultra-deep well</I> means an ultra-deep well for which drilling began on or after May 18, 2007, and that begins production:
</P>
<P>(1) On or after the date which is 5 years after the lease issuance date on a non-converted lease; or
</P>
<P>(2) On or after May 3, 2009, on all other leases located in water partly or entirely less than 200 meters deep; or
</P>
<P>(3) On or after May 3, 2013, on a lease that is located in water entirely more than 200 meters and entirely less than 400 meters deep.
</P>
<P><I>Pre-Act lease</I> means a lease that:
</P>
<P>(1) Results from a sale held before November 28, 1995;
</P>
<P>(2) Is located in the GOA in water depths of 200 meters or deeper; and
</P>
<P>(3) Lies wholly west of 87 degrees, 30 minutes West longitude.


</P>
<P><I>Production</I> means all oil, gas, and other relevant products you save, remove, or sell from a tract or those quantities allocated to your tract under a unitization formula, as measured for the purposes of determining the amount of royalty payable to the United States.
</P>
<P><I>Project</I> means any activity that requires at least a permit to drill.
</P>
<P><I>Qualified deep well</I> means:
</P>
<P>(1) On a lease that is located in water partly or entirely less than 200 meters deep that is not a non-converted lease, a deep well for which drilling began on or after March 26, 2003, that produces natural gas (other than test production), including gas associated with oil production, before May 3, 2009, and for which you have met the requirements prescribed in § 203.44;
</P>
<P>(2) On a non-converted lease, a deep well that produces natural gas (other than test production) before the date which is 5 years after the lease issuance date from a reservoir that has not produced from a deep well on any lease; or
</P>
<P>(3) On a lease that is located in water entirely more than 200 meters but entirely less than 400 meters deep, a deep well for which drilling began on or after May 18, 2007, that produces natural gas (other than test production), including gas associated with oil production before May 3, 2013, and for which you have met the requirements prescribed in § 203.44.
</P>
<P><I>Qualified ultra-deep well</I> means:
</P>
<P>(1) On a lease that is located in water partly or entirely less than 200 meters deep that is not a non-converted lease, an ultra-deep well for which drilling began on or after March 26, 2003, that produces natural gas (other than test production), including gas associated with oil production, and for which you have met the requirements prescribed in § 203.35 or § 203.44, as applicable; or
</P>
<P>(2) On a lease that is located in water entirely more than 200 meters and entirely less than 400 meters deep, or on a non-converted lease, an ultra-deep well for which drilling began on or after May 18, 2007, that produces natural gas (other than test production), including gas associated with oil production, and for which you have met the requirements prescribed in § 203.35.
</P>
<P><I>Qualified well</I> means either a qualified deep well or a qualified ultra-deep well.
</P>
<P><I>Redetermination</I> means our reconsideration of our determination on royalty relief because you request it after:
</P>
<P>(1) We have rejected your application;
</P>
<P>(2) We have granted relief but you want a larger suspension volume;
</P>
<P>(3) We withdraw approval; or
</P>
<P>(4) You renounce royalty relief.
</P>
<P><I>Renounce</I> means action you take to give up relief after we have granted it and before you start production.
</P>
<P><I>Reservoir</I> means an underground accumulation of oil or natural gas, or both, characterized by a single pressure system and segregated from other such accumulations.
</P>
<P><I>Royalty suspension (RS) lease</I> means a lease that:
</P>
<P>(1) Is issued as part of an OCS lease sale held after November 28, 2000;
</P>
<P>(2) Is in locations or planning areas specified in a particular Notice of OCS Lease Sale offering that lease; and
</P>
<P>(3) Is offered subject to a royalty suspension specified in a Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</P>
<P><I>Royalty suspension supplement (RSS)</I> means a royalty suspension volume resulting from drilling a certified unsuccessful well that is applied to future natural gas and oil production generated at any drilling depth on, or allocated under a BSEE-approved unit agreement to, the same lease.
</P>
<P><I>Royalty suspension volume (RSV)</I> means a volume of production from a lease that is not subject to royalty under the provisions of this part.
</P>
<P><I>Sidetrack</I> means, for the purpose of this subpart, a well resulting from drilling an additional hole to a new objective bottom-hole location by leaving a previously drilled hole. A sidetrack also includes drilling a well from a platform slot reclaimed from a previously drilled well or re-entering and deepening a previously drilled well. A bypass from a sidetrack (e.g., drilling around material blocking the hole, or to straighten crooked holes) is part of the sidetrack.
</P>
<P><I>Sidetrack measured depth</I> means the actual distance or length in feet a sidetrack is drilled beginning where it exits a previously drilled hole to the bottom hole of the sidetrack, that is, to its total depth.
</P>
<P><I>Sunk costs for an authorized field</I> means the after-tax eligible costs that you (not third parties) incur for exploration, development, and production from the spud date of the first discovery on the field to the date we receive your complete application for royalty relief. The discovery well must be qualified as producible under 30 CFR part 550, subpart A. Sunk costs include the rig mobilization and material costs for the discovery well that you incurred before its spud date.
</P>
<P><I>Sunk costs for an expansion or development project</I> means the after-tax eligible costs that you (not third parties) incur for only the first well that encounters hydrocarbons in the reservoir(s) included in the application and that meets the producibility requirements under 30 CFR part 550, subpart A on each lease participating in the application. Sunk costs include rig mobilization and material costs for the discovery wells that you incurred before their spud dates.
</P>
<P><I>Ultra-deep well</I> means either an original well or a sidetrack completed with a perforated interval the top of which is at least 20,000 feet TVD SS. An ultra-deep well subsequently re-perforated less than 20,000 feet TVD SS in the same reservoir is still an ultra-deep well.
</P>
<P><I>Withdraw</I> means action we take on a field that has qualified for relief if you have not met one or more of the performance conditions.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44323, Sept. 15, 2025]






</CITA>
</DIV8>


<DIV8 N="§ 203.1" NODE="30:2.0.1.1.2.1.6.2" TYPE="SECTION">
<HEAD>§ 203.1   What is BSEE's authority to grant royalty relief?</HEAD>
<P>The Outer Continental Shelf (OCS) Lands Act, 43 U.S.C. 1337, as amended by the OCS Deep Water Royalty Relief Act (DWRRA), Public Law 104-58 and the Energy Policy Act of 2005, Public Law 109-058 authorizes us to grant royalty relief in four situations.
</P>
<P>(a) Under 43 U.S.C. 1337(a)(3)(A), we may reduce or eliminate any royalty or a net profit share specified for an OCS lease to promote increased production.
</P>
<P>(b) Under 43 U.S.C. 1337(a)(3)(B), we may reduce, modify, or eliminate any royalty or net profit share to promote development, increase production, or encourage production of marginal resources on certain leases or categories of leases. This authority is restricted to leases in the GOA that are west of 87 degrees, 30 minutes West longitude, and in the planning areas offshore Alaska.
</P>
<P>(c) Under 43 U.S.C. 1337(a)(3)(C), we may suspend royalties for designated volumes of new production from any lease if:
</P>
<P>(1) Your lease is in deep water (water at least 200 meters deep);
</P>
<P>(2) Your lease is in designated areas of the GOA (west of 87 degrees, 30 minutes West longitude);
</P>
<P>(3) Your lease was acquired in a lease sale held before the DWRRA (before November 28, 1995);
</P>
<P>(4) We find that your new production would not be economic without royalty relief; and
</P>
<P>(5) Your lease is on a field that did not produce before enactment of the DWRRA, or if you propose a project to significantly expand production under a Development Operations Coordination Document (DOCD) or a supplementary DOCD, that the Bureau of Ocean Energy Management (BOEM) approved after November 28, 1995.
</P>
<P>(d) Under 42 U.S.C. 15904-15905, we may suspend royalties for designated volumes of gas production from deep and ultra-deep wells on a lease if:
</P>
<P>(1) Your lease is in shallow water (water less than 400 meters deep) and you produce from an ultra-deep well (top of the perforated interval is at least 20,000 feet TVD SS) or your lease is in waters entirely more than 200 meters and entirely less than 400 meters deep and you produce from a deep well (top of the perforated interval is at least 15,000 feet TVD SS);
</P>
<P>(2) Your lease is in the designated area of the GOA (wholly west of 87 degrees, 30 minutes west longitude); and
</P>
<P>(3) Your lease is not eligible for deep water royalty relief.










</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44324, Sept. 15, 2025]






</CITA>
</DIV8>


<DIV8 N="§ 203.2" NODE="30:2.0.1.1.2.1.6.3" TYPE="SECTION">
<HEAD>§ 203.2   How can I obtain royalty relief?</HEAD>
<P>We may reduce or suspend royalties for Outer Continental Shelf (OCS) leases or projects that meet the criteria in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a lease . . .
</TH><TH class="gpotbl_colhed" scope="col">And if you . . .
</TH><TH class="gpotbl_colhed" scope="col">Then we may grant you . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) With earnings that cannot sustain production (<E T="03">i.e., End-of-life lease</E>),</TD><TD align="left" class="gpotbl_cell">Would abandon otherwise potentially recoverable resources but seek to increase production by operating beyond the point at which the lease is economic under the existing royalty rate,</TD><TD align="left" class="gpotbl_cell">A reduced royalty rate on current monthly production and a higher royalty rate on additional monthly production (see §§ 203.50 through 203.56).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Located in a designated GOA deep water area (<E T="03">i.e.,</E> 200 meters or greater) and acquired in a lease sale held before November 28, 1995, or after November 28, 2000,</TD><TD align="left" class="gpotbl_cell">Propose an expansion project and can demonstrate your project is uneconomic without royalty relief,</TD><TD align="left" class="gpotbl_cell">A royalty suspension for a minimum production volume plus any additional production large enough to make the project economic (see §§ 203.60 through 203.79).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Located in a designated GOA deep water area and acquired in a lease sale held before November 28, 1995 <E T="03">(Pre-Act lease),</E></TD><TD align="left" class="gpotbl_cell">Are on a field from which no current pre-Act lease produced (other than test production) before November 28, 1995, <E T="03">(Authorized field,)</E></TD><TD align="left" class="gpotbl_cell">A royalty suspension for a minimum production volume plus any additional volume needed to make the field economic (see §§ 203.60 through 203.79).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Located in a designated GOA deep water area and acquired in a lease sale held after November 28, 2000,</TD><TD align="left" class="gpotbl_cell">Propose a development project and can demonstrate that the suspension volume, if any, for your lease is not enough to make development economic,</TD><TD align="left" class="gpotbl_cell">A royalty suspension for a minimum production volume plus any additional volume needed to make your project economic (see §§ 203.60 through 203.79).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Where royalty relief would recover significant additional resources or, offshore Alaska or in certain areas of the GOA, would enable development,</TD><TD align="left" class="gpotbl_cell">Are not eligible to apply for end-of-life or deep water royalty relief, but show us you meet certain eligibility conditions,</TD><TD align="left" class="gpotbl_cell">A royalty modification in size, duration, or form that makes your lease or project economic (see § 203.80).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) Located in a designated GOA shallow water area and acquired in a lease sale held before January 1, 2001, or after January 1, 2004, or have exercised an option to substitute for royalty relief in your lease terms,</TD><TD align="left" class="gpotbl_cell">Drill a deep well on a lease that is not eligible for deep water royalty relief and you have not previously produced oil or gas from a deep well or an ultra-deep well,</TD><TD align="left" class="gpotbl_cell">A royalty suspension for a volume of gas produced from successful deep and ultra-deep wells, or, for certain unsuccessful deep and ultra-deep wells, a smaller royalty suspension for a volume of gas or oil produced by all wells on your lease (see §§ 203.40 through 203.49).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) Located in a designated GOA shallow water area,</TD><TD align="left" class="gpotbl_cell">Drill and produce gas from an ultra-deep well on a lease that is not eligible for deep water royalty relief and you have not previously produced oil or gas from an ultra-deep well,</TD><TD align="left" class="gpotbl_cell">A royalty suspension for a volume of gas produced from successful ultra-deep and deep wells on your lease (see §§ 203.30 through 203.36).


</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(h) Located in planning areas offshore Alaska,</TD><TD align="left" class="gpotbl_cell">Propose an expansion project or propose a development project and can demonstrate that the project is uneconomic without relief or that the suspension volume, if any, for your lease is not enough to make development economic,</TD><TD align="left" class="gpotbl_cell">A royalty suspension for a minimum production volume plus any additional volume needed to make your project economic (see §§ 203.60, 203.62, 203.67 through 203.70, 203.73, and 203.76 through 203.79).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44324, Sept. 15, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 203.3" NODE="30:2.0.1.1.2.1.6.4" TYPE="SECTION">
<HEAD>§ 203.3   Do I have to pay a fee to request royalty relief?</HEAD>
<P>When you submit an application or ask for a preview assessment, you must include a fee to reimburse us for our costs of processing your application or assessment. Federal policy and law require us to recover the cost of services that confer special benefits to identifiable non-Federal recipients. The Independent Offices Appropriation Act (31 U.S.C. 9701), Office of Management and Budget Circular A-25, and the Omnibus Appropriations Bill (Pub. L. 104-134, 110 Stat. 1321, April 26, 1996) authorize us to collect these fees.
</P>
<P>(a) We will specify the necessary fees for each of the types of royalty relief applications and possible BSEE audits in a Notice to Lessees. We will periodically update the fees to reflect changes in costs, as well as provide other information necessary to administer royalty relief.
</P>
<P>(b) You must file all payments electronically through the <I>Fees for Services</I> page on the BSEE Web site at <I>http://www.bsee.gov,</I> and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your application or assessment.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36148, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 203.4" NODE="30:2.0.1.1.2.1.6.5" TYPE="SECTION">
<HEAD>§ 203.4   How do the provisions in this part apply to different types of leases and projects?</HEAD>
<P>The tables in this section summarize the similar application and approval provisions for the discretionary end-of-life and deep water royalty relief programs in §§ 203.50 to 203.91. Because royalty relief for deep gas on leases not subject to deep water royalty relief, as provided for under §§ 203.40 to 203.48, does not involve an application, its provisions do not parallel the other two royalty relief programs and are not summarized in this section.
</P>
<P>(a) We require the information elements indicated by an X in the following table and described in §§ 203.51, 203.62, and 203.81 through 203.89 for applications for royalty relief.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Information elements
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">End-of-life
<br/>lease
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Deep water
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Expansion project
</TH><TH class="gpotbl_colhed" scope="col">Pre-act lease
</TH><TH class="gpotbl_colhed" scope="col">Development project
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Administrative information report</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Net revenue and relief justification report (prescribed format)</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Economic viability and relief justification report (Royalty Suspension Viability Program (RSVP) model inputs justified with Geological and Geophysical (G&amp;G), Engineering, Production, &amp; Cost reports)</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) G&amp;G report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Engineering report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Production report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Deep water cost report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD></TR></TABLE></DIV></DIV>
<P>(b) We require the confirmation elements indicated by an X in the following table and described in §§ 203.70, 203.81, 203.90 and 203.91 to retain royalty relief.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Confirmation elements
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">End-of-life
<br/>lease
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Deep water
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Expansion
<br/>project
</TH><TH class="gpotbl_colhed" scope="col">Pre-act
<br/>lease
</TH><TH class="gpotbl_colhed" scope="col">Development
<br/>project
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Fabricator's confirmation report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Post-production development report approved by an independent certified public accountant (CPA) * * *</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD></TR></TABLE></DIV></DIV>
<P>(c) The following table indicates by an X, and §§ 203.50, 203.52, 203.60 and 203.67 describe, the prerequisites for our approval of your royalty relief application.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Approval conditions
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">End-of-life
<br/>lease
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Deep water
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Expansion
</TH><TH class="gpotbl_colhed" scope="col">Pre-act
<br/>lease
</TH><TH class="gpotbl_colhed" scope="col">Development
<br/>project
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) At least 12 of the last 15 months have the required level of production</TD><TD align="center" class="gpotbl_cell">X
</TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Already producing</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) A producible well into a reservoir that has not produced before</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Royalties for qualifying months exceed 75 percent of net revenue (NR)</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Substantial investment on a pre-Act lease (e.g., platform, subsea template)</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Determined to be economic only with relief</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD></TR></TABLE></DIV></DIV>
<P>(d) The following table indicates by an X, and §§ 203.52, 203.74, and 203.75 describe, the prerequisites for a redetermination of our royalty relief decision.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Redetermination conditions
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">End-of-life
<br/>lease
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Deep water
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Expansion
<br/>project
</TH><TH class="gpotbl_colhed" scope="col">Pre-act
<br/>lease
</TH><TH class="gpotbl_colhed" scope="col">Development
<br/>project
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) After 12 months under current rate, criteria same as for approval</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) For material change in geologic data, prices, costs, or available technology</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD></TR></TABLE></DIV></DIV>
<P>(e) The following table indicates by an X, and §§ 203.53 and 203.69 describe, the characteristics of approved royalty relief.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Relief rate and volume, subject to certain conditions
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">End-of-life
<br/>lease
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Deep water
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Expansion project
</TH><TH class="gpotbl_colhed" scope="col">Pre-act
<br/>lease
</TH><TH class="gpotbl_colhed" scope="col">Development
<br/>project
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) One-half pre-application effective lease rate on the qualifying amount, 1.5 times pre-application effective lease rate on additional production up to twice the qualifying amount, and the pre-application effective lease rate for any larger volumes</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Qualifying amount is the average monthly production for 12 qualifying months</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Zero royalty rate on the suspension volume and the original lease rate on additional production</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Suspension volume is at least 17.5, 52.5 or 87.5 million barrels of oil equivalent (MMBOE)</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Suspension volume is at least the minimum set in the Notice of Sale, the lease, or the regulations</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Amount needed to become economic</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD></TR></TABLE></DIV></DIV>
<P>(f) The following table indicates by an X, and §§ 203.54 and 203.78 describe, circumstances under which we discontinue your royalty relief.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Full royalty resumes when
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">End-of-life
<br/>lease
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Deep water
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Expansion project
</TH><TH class="gpotbl_colhed" scope="col">Pre-act
<br/>lease
</TH><TH class="gpotbl_colhed" scope="col">Development
<br/>project
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Average NYMEX price for last 12 months is at least 25 percent above the average for the qualifying months.</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Average NYMEX price for last calendar year exceeds $28/bbl or $3.50/mcf, escalated by the gross domestic product (GDP) deflator since 1994</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Average prices for designated periods exceed levels we specify in the Notice of Sale or the lease</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD></TR></TABLE></DIV></DIV>
<P>(g) The following table indicates by an X, and §§ 203.55, 203.76, and 203.77 describe, circumstances under which we end or reduce royalty relief.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Relief withdrawn or reduced
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">End-of-life
<br/>lease
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Deep water
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Expansion project
</TH><TH class="gpotbl_colhed" scope="col">Pre-act
<br/>lease
</TH><TH class="gpotbl_colhed" scope="col">Development
<br/>project
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) If recipient requests</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Lease royalty rate is at the effective rate for 12 consecutive months</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Conditions occur that we specified in the approval letter in individual cases</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Recipient does not submit post-production report that compares expected to actual costs</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Recipient changes development system</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Recipient excessively delays starting fabrication</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Recipient spends less than 80 percent of proposed pre-production costs prior to start of production</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Amount of relief volume is produced</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 203.5" NODE="30:2.0.1.1.2.1.6.6" TYPE="SECTION">
<HEAD>§ 203.5   What is BSEE's authority to collect information?</HEAD>
<P>(a) The Office of Management and Budget (OMB) has approved the information collection requirements in this part under 44 U.S.C. 3501 <I>et seq.,</I> and assigned OMB Control Number 1014-0005. The title of this information collection is “30 CFR part 203, Relief or Reduction in Royalty Rates.”
</P>
<P>(b) BSEE collects this information to make decisions on the economic viability of leases requesting a suspension or elimination of royalty or net profit share. Responses are required to obtain a benefit or are mandatory according to 43 U.S.C. 1331 <I>et seq.</I> BSEE will protect information considered proprietary under applicable law and under regulations at § 203.61, “How do I assess my chances for getting relief?” and 30 CFR 250.197, “Data and information to be made available to the public or for limited inspection.”
</P>
<P>(c) An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36148, June 6, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.1.1.2.2" TYPE="SUBPART">
<HEAD>Subpart B—OCS Oil, Gas, and Sulfur General</HEAD>


<DIV7 N="6" NODE="30:2.0.1.1.2.2.6" TYPE="SUBJGRP">
<HEAD>Royalty Relief for Drilling Ultra-Deep Wells on Leases Not Subject to Deep Water Royalty Relief</HEAD>


<DIV8 N="§ 203.30" NODE="30:2.0.1.1.2.2.6.1" TYPE="SECTION">
<HEAD>§ 203.30   Which leases are eligible for royalty relief as a result of drilling a phase 2 or phase 3 ultra-deep well?</HEAD>
<P>Your lease may receive a royalty suspension volume (RSV) under §§ 203.31 through 203.36 if the lease meets all the requirements of this section.
</P>
<P>(a) The lease is located in the GOA wholly west of 87 degrees, 30 minutes West longitude in water depths entirely less than 400 meters deep.


</P>
<P>(b) The lease has not produced gas or oil from a deep well or an ultra-deep well, except as provided in § 203.31(b).
</P>
<P>(c) If the lease is located entirely in more than 200 meters and entirely less than 400 meters of water, it must either:
</P>
<P>(1) Have been issued before November 28, 1995, and not been granted deep water royalty relief under 43 U.S.C. 1337(a)(3)(C), added by section 302 of the Deep Water Royalty Relief Act; or
</P>
<P>(2) Have been issued after November 28, 2000, and not been granted deep water royalty relief under §§ 203.60 through 203.79.






</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44325, Sept. 15, 2025]








</CITA>
</DIV8>


<DIV8 N="§ 203.31" NODE="30:2.0.1.1.2.2.6.2" TYPE="SECTION">
<HEAD>§ 203.31   If I have a qualified phase 2 or qualified phase 3 ultra-deep well, what royalty relief would that well earn for my lease?</HEAD>
<P>(a) Subject to the administrative requirements of § 203.35 and the price conditions in § 203.36, your qualified well earns your lease an RSV shown in the following table in billions of cubic feet (BCF) or in thousands of cubic feet (MCF) as prescribed in § 203.33:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a qualified phase 2 or qualified phase 3 ultra-deep well
<br/>that is:
</TH><TH class="gpotbl_colhed" scope="col">Then your lease earns an RSV on this volume of gas production:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) An original well,</TD><TD align="left" class="gpotbl_cell">35 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) A sidetrack with a sidetrack measured depth of at least 20,000 feet,</TD><TD align="left" class="gpotbl_cell">35 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) An ultra-deep short sidetrack that is a phase 2 ultra-deep well,</TD><TD align="left" class="gpotbl_cell">4 BCF plus 600 MCF times
<br/>sidetrack measured depth (rounded to the nearest 100 feet) but no more than 25 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) An ultra-deep short sidetrack that is a phase 3 ultra-deep well,</TD><TD align="left" class="gpotbl_cell">0 BCF.</TD></TR></TABLE></DIV></DIV>
<P>(b)(1) This paragraph applies if your lease:
</P>
<P>(i) Has produced gas or oil from a deep well with a perforated interval the top of which is less than 18,000 feet TVD SS;
</P>
<P>(ii) Was issued in a lease sale held between January 1, 2004, and December 31, 2005; and
</P>
<P>(iii) The terms of your lease expressly incorporate the provisions of §§ 203.41 through 203.47 as they existed at the time the lease was issued.
</P>
<P>(2) Subject to the administrative requirements of § 203.35 and the price conditions in § 203.36, your qualified well earns your lease an RSV shown in the following table in BCF or MCF as prescribed in § 203.33:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a qualified phase 2 ultra-deep well that is . . .
</TH><TH class="gpotbl_colhed" scope="col">Then your lease earns an RSV on this volume of gas production:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) An original well or a sidetrack with a sidetrack measured depth of at least 20,000 feet TVD SS,</TD><TD align="left" class="gpotbl_cell">10 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) An ultra-deep short sidetrack,</TD><TD align="left" class="gpotbl_cell">4 BCF plus 600 MCF times sidetrack measured depth (rounded to the nearest 100 feet) but no more than 10 BCF.</TD></TR></TABLE></DIV></DIV>
<P>(c) Lessees may request a refund of or recoup royalties paid on production from qualified phase 2 or phase 3 ultra-deep wells that:
</P>
<P>(1) Occurs before December 18, 2008, and
</P>
<P>(2) Is subject to application of an RSV under either § 203.31 or § 203.41.
</P>
<P>(d) The following examples illustrate how this section applies. These examples assume that your lease is located in the GOA west of 87 degrees, 30 minutes West longitude and in water less than 400 meters deep (see § 203.30(a)), has no existing deep or ultra-deep wells and that the price thresholds prescribed in § 203.36 have not been exceeded.


</P>
<EXAMPLE>
<HED>Example 1:</HED><PSPACE>In 2008, you drill and begin producing from an ultra-deep well with a perforated interval the top of which is 25,000 feet TVD SS, and your lease has had no prior production from a deep or ultra-deep well. Assuming your lease has no deepwater royalty relief (see § 203.30(c)), your lease is eligible (according to § 203.30(b)) to earn an RSV under § 203.31 because it has not yet produced from a deep well. Your lease earns an RSV of 35 BCF under this section when this well begins producing. According to § 203.31(a), your 25,000 foot well qualifies your lease for this RSV because the well was drilled after the relief authorized here became effective (when the proposed version of this rule was published on May 18, 2007) and produced from an interval that meets the criteria for an ultra-deep well (<I>i.e.,</I> is a phase 2 ultra-deep well as defined in § 203.0). Then in 2014, you drill and produce from another ultra-deep well with a perforated interval the top of which is 29,000 feet TVD SS. Your lease earns no additional RSV under this section when this second ultra-deep well produces, because your lease no longer meets the condition in (§ 203.30(b)) of no production from a deep well. However, any remaining RSV earned by the first ultra-deep well on your lease would be applied to production from both the first and the second ultra-deep wells as prescribed in § 203.33(a)(2), or § 203.33(b)(2) if your lease is part of a unit.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 2:</HED><PSPACE>In 2005, you spudded and began producing from an ultra-deep well with a perforated interval the top of which is 23,000 feet TVD SS. Your lease earns no RSV under this section from this phase 1 ultra-deep well (as defined in § 203.0) because you spudded the well before the publication date (May 18, 2007) of the proposed rule when royalty relief under § 203.31(a) became effective. However, this ultra-deep well may earn an RSV of 25 BCF for your lease under § 203.41 (that became effective May 3, 2004), if the lease is located in water depths partly or entirely less than 200 meters and has not previously produced from a deep well (§ 203.30(b)).</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 3:</HED><PSPACE>In 2000, you began producing from a deep well with a perforated interval the top of which is 16,000 feet TVD SS and your lease is located in water 100 meters deep. Then in 2008, you drill and produce from a new ultra-deep well with a perforated interval the top of which is 24,000 feet TVD SS. Your lease earns no RSV under either this section or § 203.41 because the 16,000-foot well was drilled before we offered any way to earn an RSV for producing from a deep well (see dates in the definition of qualified well in § 203.0) and because the existence of the 16,000-foot well means the lease is not eligible (see § 203.30(b)) to earn an RSV for the 24,000-foot well. Because the lease existed in the year 2000, it cannot be eligible for the exception to this eligibility condition provided in § 203.31(b).</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 4:</HED><PSPACE>In 2008, you spud and produce from an ultra-deep well with a perforated interval the top of which is 22,000 feet TVD SS, your lease is located in water 300 meters deep, and your lease has had no previous production from a deep or ultra-deep well. Your lease earns an RSV of 35 BCF under this section when this well begins producing because your lease meets the conditions in § 203.30 and the well fits the definition of a phase 2 ultra-deep well (in § 203.0). Then in 2010, you spud and produce from a deep well with a perforated interval the top of which is 16,000 feet TVD SS. Your 16,000-foot well earns no RSV because it is on a lease that already has a producing well at least 18,000 feet subsea (see § 203.42(a)), but any remaining RSV earned by the ultra-deep well would also be applied to production from the deep well as prescribed in § 203.33(a)(2), or § 203.33(b)(2) if your lease is part of a unit and § 203.43(a)(2), or § 203.43(b)(2) if your lease is part of a unit. However, if the 16,000-foot deep well does not begin production until 2016 (or if your lease were located in water less than 200 meters deep), then the 16,000-foot well would not be a qualified deep well because this well does not begin production within the interval specified in the definition of a qualified well in § 203.0, and the RSV earned by the ultra-deep well would not be applied to production from this (unqualified) deep well.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 5:</HED><PSPACE>In 2008, you spud a deep well with a perforated interval the top of which is 17,000 feet TVD SS that becomes a qualified well and earns an RSV of 15 BCF under § 203.41 when it begins producing. Then in 2011, you spud an ultra-deep well with a perforated interval the top of which is 26,000 feet TVD SS. Your 26,000-foot well becomes a qualified ultra-deep well because it meets the date and depth conditions in this definition under § 203.0 when it begins producing, but your lease earns no additional RSV under this section or § 203.41 because it is on a lease that already has production from a deep well (see § 203.30(b)). Both the qualified deep well and the qualified ultra-deep well would share your lease's total RSV of 15 BCF in the manner prescribed in §§ 203.33 and 203.43.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 6:</HED><PSPACE>In 2008, you spud a qualified ultra-deep well that is a sidetrack with a sidetrack measured depth of 21,000 feet and a perforated interval the top of which is 25,000 feet TVD SS. This well meets the definition of an ultra-deep well but is too long to be classified an ultra-deep short sidetrack in § 203.0. If your lease is located in 150 meters of water and has not previously produced from a deep well, your lease earns an RSV of 35 BCF because it was drilled after the effective date for earning this RSV. Further, this RSV applies to gas production from this and any future qualified deep and qualified ultra-deep wells on your lease, as prescribed in § 203.33. The absence of an expiration date for earning an RSV on an ultra-deep well means this long sidetrack well becomes a qualified well whenever it starts production. If your sidetrack has a sidetrack measured depth of 14,000 feet and begins production in March 2009, it earns an RSV of 12.4 BCF under this section because it meets the definitions of a phase 2 ultra-deep well (production begins before the expiration date for the pre-existing relief in its water depth category) and an ultra-deep short sidetrack in § 203.0. However, if it does not begin production until 2010, it earns no RSV because it is too short as a phase 3 ultra-deep well to be a qualified ultra-deep well.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 7:</HED><PSPACE>Your lease was issued in June 2004 and expressly incorporates the provisions of §§ 203.41 through 203.47 as they existed at that time. In January 2005, you spud a deep well (well no. 1) with a perforated interval the top of which is 16,800 feet TVD SS that becomes a qualified well and earns an RSV of 15 BCF under § 203.41 when it begins producing. Then in February 2008, you spud an ultra-deep well (well no. 2) with a perforated interval the top of which is 22,300 feet that begins producing in November 2008, after well no. 1 has started production. Well no. 2 earns your lease an additional RSV of 10 BCF under paragraph (b) of this section because it begins production in time to be classified as a phase 2 ultra-deep well. If, on the other hand, well no. 2 had begun producing in June 2009, it would earn no additional RSV for the lease because it would be classified as a phase 3 ultra-deep well and thus is not entitled to the exception under paragraph (b) of this section.</PSPACE></EXAMPLE>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44325, Sept. 15, 2025]








</CITA>
</DIV8>


<DIV8 N="§ 203.32" NODE="30:2.0.1.1.2.2.6.3" TYPE="SECTION">
<HEAD>§ 203.32   What other requirements or restrictions apply to royalty relief for a qualified phase 2 or phase 3 ultra-deep well?</HEAD>
<P>(a) If a qualified ultra-deep well on your lease is within a unitized portion of your lease, the RSV earned by that well under this section applies only to your lease and not to other leases within the unit or to the unit as a whole.
</P>
<P>(b) If your qualified ultra-deep well is a directional well (either an original well or a sidetrack) drilled across a lease line, then either:
</P>
<P>(1) The lease with the perforated interval that initially produces earns the RSV or
</P>
<P>(2) If the perforated interval crosses a lease line, the lease where the surface of the well is located earns the RSV.
</P>
<P>(c) Any RSV earned under § 203.31 is in addition to any royalty suspension supplement (RSS) for your lease under § 203.45 that results from a different wellbore.
</P>
<P>(d) If your lease earns an RSV under § 203.31 and later produces from a deep well that is not a qualified well, the RSV is not forfeited or terminated, but you may not apply the RSV earned under § 203.31 to production from the non-qualified well.
</P>
<P>(e) You owe minimum royalties or rentals in accordance with your lease terms notwithstanding any RSVs allowed under paragraphs (a) and (b) of § 203.31.
</P>
<P>(f) Unused RSVs transfer to a successor lessee and expire with the lease.


</P>
</DIV8>


<DIV8 N="§ 203.33" NODE="30:2.0.1.1.2.2.6.4" TYPE="SECTION">
<HEAD>§ 203.33   To which production do I apply the RSV earned by qualified phase 2 and phase 3 ultra-deep wells on my lease or in my unit?</HEAD>
<P>(a) You must apply the RSV allowed in § 203.31(a) and (b) to gas volumes produced from qualified wells on or after May 18, 2007, reported on the Oil and Gas Operations Report, Part A (OGOR-A) for your lease under 30 CFR 1210.102. All gas production from qualified wells reported on the OGOR-A, including production not subject to royalty, counts toward the total lease RSV earned by both deep or ultra-deep wells on the lease.
</P>
<P>(b) This paragraph applies to any lease with a qualified phase 2 or phase 3 ultra-deep well that is not within a BSEE-approved unit. Subject to the price conditions of § 203.36, you must apply the RSV prescribed in § 203.31 as required under the following paragraphs (b)(1) and (b)(2) of this section.
</P>
<P>(1) You must apply the RSV to the earliest gas production occurring on and after the later of May 18, 2007, or the date the first qualified phase 2 or phase 3 ultra-deep well that earns your lease the RSV begins production (other than test production).
</P>
<P>(2) You must apply the RSV to only gas production from qualified wells on your lease, regardless of their depth, for which you have met the requirements in § 203.35 or § 203.44.
</P>
<P>(c) This paragraph applies to any lease with a qualified phase 2 or phase 3 ultra-deep well where all or part of the lease is within a BSEE-approved unit. Under the unit agreement, a share of the production from all the qualified wells in the unit participating area would be allocated to your lease each month according to the participating area percentages. Subject to the price conditions of § 203.36, you must apply the RSV prescribed in § 203.31 as follows:
</P>
<P>(1) You must apply the RSV to the earliest gas production occurring on and after the later of May 18, 2007, or the date that the first qualified phase 2 or phase 3 ultra-deep well that earns your lease the RSV begins production (other than test production).
</P>
<P>(2) You must apply the RSV to only gas production:
</P>
<P>(i) From qualified wells on the non-unitized area of your lease, regardless of their depth, for which you have met the requirements in § 203.35 or § 203.44; and
</P>
<P>(ii) Allocated to your lease under a BSEE-approved unit agreement from qualified wells on unitized areas of your lease and on other leases in participating areas of the unit, regardless of their depth, for which the requirements in § 203.35 or § 203.44 have been met. The allocated share under paragraph (a)(2)(ii) of this section does not increase the RSV for your lease.
</P>
<EXAMPLE>
<HED>Example:</HED><PSPACE>The east half of your lease A is unitized with all of lease B. There is one qualified phase 2 ultra-deep well on the non-unitized portion of lease A that earns lease A an RSV of 35 BCF under § 203.31, one qualified deep well on the unitized portion of lease A (drilled after the ultra-deep well on the non-unitized portion of that lease) and a qualified phase 2 ultra-deep well on lease B that earns lease B a 35 BCF RSV under § 203.31. The participating area percentages allocate 40 percent of production from both of the unit qualified wells to lease A and 60 percent to lease B. If the non-unitized qualified phase 2 ultra-deep well on lease A produces 12 BCF, and the unitized qualified well on lease A produces 18 BCF, and the qualified well on lease B produces 37 BCF, then the production volume from and allocated to lease A to which the lease A RSV applies is 34 BCF [12 + (18 + 37)(0.40)]. The production volume allocated to lease B to which the lease B RSV applies is 33 BCF [(18 + 37)(0.60)]. None of the volumes produced from a well that is not within a unit participating area may be allocated to other leases in the unit.</PSPACE></EXAMPLE>
<P>(d) You must begin paying royalties when the cumulative production of gas from all qualified wells on your lease, or allocated to your lease under paragraph (b) of this section, reaches the applicable RSV allowed under § 203.31 or § 203.41. For the month in which cumulative production reaches this RSV, you owe royalties on the portion of gas production from or allocated to your lease that exceeds the RSV remaining at the beginning of that month.


</P>
</DIV8>


<DIV8 N="§ 203.34" NODE="30:2.0.1.1.2.2.6.5" TYPE="SECTION">
<HEAD>§ 203.34   To which production may an RSV earned by qualified phase 2 and phase 3 ultra-deep wells on my lease not be applied?</HEAD>
<P>You may not apply an RSV earned under § 203.31:
</P>
<P>(a) To production from completions less than 15,000 feet TVD SS, except in cases where the qualified well is re-perforated in the same reservoir previously perforated deeper than 15,000 feet TVD SS;
</P>
<P>(b) To production from a deep well or ultra-deep well on any other lease, except as provided in paragraph (c) of § 203.33;
</P>
<P>(c) To any liquid hydrocarbon (oil and condensate) volumes; or
</P>
<P>(d) To production from a deep well or ultra-deep well that commenced drilling before:
</P>
<P>(1) March 26, 2003, on a lease that is located entirely or partly in water less than 200 meters deep; or
</P>
<P>(2) May 18, 2007, on a lease that is located entirely in water more than 200 meters deep.


</P>
</DIV8>


<DIV8 N="§ 203.35" NODE="30:2.0.1.1.2.2.6.6" TYPE="SECTION">
<HEAD>§ 203.35   What administrative steps must I take to use the RSV earned by a qualified phase 2 or phase 3 ultra-deep well?</HEAD>
<P>To use an RSV earned under § 203.31:
</P>
<P>(a) You must notify the BSEE Regional Supervisor for Production and Development in writing of your intent to begin drilling operations on all your ultra-deep wells.
</P>
<P>(b) Before beginning production, you must meet any production measurement requirements that the BSEE Regional Supervisor for Production and Development has determined are necessary under 30 CFR part 250, subpart L.
</P>
<P>(c)(1) Within 30 days of the beginning of production from any wells that would become qualified phase 2 or phase 3 ultra-deep wells by satisfying the requirements of this section:
</P>
<P>(i) Provide written notification to the BSEE Regional Supervisor for Production and Development that production has begun; and
</P>
<P>(ii) Request confirmation of the size of the RSV earned by your lease.
</P>
<P>(2) If you produced from a qualified phase 2 or phase 3 ultra-deep well before December 18, 2008, you must provide the information in paragraph (c)(1) of this section no later than January 20, 2009.
</P>
<P>(d) If you cannot produce from a well that otherwise meets the criteria for a qualified phase 2 ultra-deep well that is an ultra-deep short sidetrack before May 3, 2009, on a lease that is located entirely or partly in water less than 200 meters deep, or before May 3, 2013, on a lease that is located entirely in water more than 200 meters but less than 400 meters deep, the BSEE Regional Supervisor for Production and Development may extend the deadline for beginning production for up to 1 year, based on the circumstances of the particular well involved, if it meets all the following criteria.
</P>
<P>(1) The delay occurred after drilling reached the total depth in your well.
</P>
<P>(2) Production (other than test production) was expected to begin from the well before May 3, 2009, on a lease that is located entirely or partly in water less than 200 meters deep or before May 3, 2013, on a lease that is located entirely in water more than 200 meters but less than 400 meters deep. You must provide a credible activity schedule with supporting documentation.
</P>
<P>(3) The delay in beginning production is for reasons beyond your control, such as adverse weather and accidents which BSEE deems were unavoidable.


</P>
</DIV8>


<DIV8 N="§ 203.36" NODE="30:2.0.1.1.2.2.6.7" TYPE="SECTION">
<HEAD>§ 203.36   Do I keep royalty relief if prices rise significantly?</HEAD>
<P>(a) You must pay the Office of Natural Resources Revenue royalties on all gas production to which an RSV otherwise would be applied under § 203.33 for any calendar year in which the average daily closing New York Mercantile Exchange (NYMEX) natural gas price exceeds the applicable threshold price shown in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">A price threshold in year 2007 dollars of . . .
</TH><TH class="gpotbl_colhed" scope="col">Applies to . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) $10.15 per MMBtu,</TD><TD align="left" class="gpotbl_cell">(i) The first 25 BCF of RSV earned under § 203.31(a) by a phase 2 ultra-deep well on a lease that is located in water partly or entirely less than 200 meters deep issued before December 18, 2008; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Any RSV earned under § 203.31(b) by a phase 2 ultra-deep well.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) $4.55 per MMBtu,</TD><TD align="left" class="gpotbl_cell">(i) Any RSV earned under § 203.31(a) by a phase 3 ultra-deep well unless the lease terms prescribe a different price threshold;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) The last 10 BCF of the 35 BCF of RSV earned under § 203.31(a) by a phase 2 ultra-deep well on a lease that is located in water partly or entirely less than 200 meters deep issued before December 18, 2008, and that is not a non-converted lease;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) The last 15 BCF of the 35 BCF of RSV earned under § 203.31(a) by a phase 2 ultra-deep well on a non-converted lease;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Any RSV earned under § 203.31(a) by a phase 2 ultra-deep well on a lease in water partly or entirely less than 200 meters deep issued on or after December 18, 2008, unless the lease terms prescribe a different price threshold; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) Any RSV earned under § 203.31(a) by a phase 2 ultra-deep well on a lease in water entirely more than 200 meters deep and entirely less than 400 meters deep.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) $4.08 per MMBtu,</TD><TD align="left" class="gpotbl_cell">(i) The first 20 BCF of RSV earned by a well that is located on a non-converted lease issued in OCS Lease Sale 178.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) $5.83 per MMBtu,</TD><TD align="left" class="gpotbl_cell">(i) The first 20 BCF of RSV earned by a well that is located on a non-converted lease issued in OCS Lease Sales 180, 182, 184, 185, or 187.</TD></TR></TABLE></DIV></DIV>
<P>(b) For purposes of paragraph (a) of this section, determine the threshold price for any calendar year after 2007 by:
</P>
<P>(1) Determining the percentage of change during the year in the Department of Commerce's implicit price deflator for the gross domestic product; and
</P>
<P>(2) Adjusting the threshold price for the previous year by that percentage.
</P>
<P>(c) The following examples illustrate how this section applies.
</P>
<EXAMPLE>
<HED>Example 1:</HED><PSPACE>Assume that a lessee drills and begins producing from a qualified phase 2 ultra-deep well in 2008 on a lease issued in 2004 in less than 200 meters of water that earns the lease an RSV of 35 BCF. Further, assume the well produces a total of 18 BCF by the end of 2009 and in both of those years, the average daily NYMEX closing natural gas price is less than $10.15 (adjusted for inflation after 2007). The lessee does not pay royalty on the 18 BCF because the gas price threshold under paragraph (a)(1) of this section applies to the first 25 BCF of this RSV earned by this phase 2 ultra-deep well. In 2010, the well produces another 13 BCF. In that year, the average daily closing NYMEX natural gas price is greater than $4.55 per MMBtu (adjusted for inflation after 2007), but less than $10.15 per MMBtu (adjusted for inflation after 2007). The first 7 BCF produced in 2010 will exhaust the first 25 BCF (that is subject to the $10.15 threshold) of the 35 BCF RSV that the well earned. The lessee must pay royalty on the remaining 6 BCF produced in 2010, because it is subject to the $4.55 per MMBtu threshold under paragraph (a)(2)(ii) of this section which was exceeded.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 2:</HED><PSPACE>Assume that a lessee:
</PSPACE><P>(1) Drills and produces from well no.1, a qualified deep well in 2008 to a depth of 15,500 feet TVD SS that earns a 15 BCF RSV for the lease under § 203.41, which would be subject to a price threshold of $10.15 per MMBtu (adjusted for inflation after 2007), meaning the lease is partly or entirely in less than 200 meters of water;
</P><P>(2) Later in 2008, drills and produces from well no. 2, a second qualified deep well to a depth of 17,000 feet TVD SS that earns no additional RSV (see § 203.41(c)(1)); and
</P><P>(3) In 2015, drills and produces from well no. 3, a qualified phase 3 ultra-deep well that earns no additional RSV since the lease already has an RSV established by prior deep well production. Further assume that in 2015, the average daily closing NYMEX natural gas price exceeds $4.55 per MMBtu (adjusted for inflation after 2007) but does not exceed $10.15 per MMBtu (adjusted for inflation after 2007). In 2015, any remaining RSV earned by well no. 1 (which would have been applied to production from well nos. 1 and 2 in the intervening years), would be applied to production from all three qualified wells. Because the price threshold applicable to that RSV was not exceeded, the production from all three qualified wells would be royalty-free until the 15 BCF RSV earned by well no. 1 is exhausted.</P></EXAMPLE>
<EXAMPLE>
<HED>Example 3:</HED><PSPACE>Assume the same initial facts regarding the three wells as in Example 2. Further assume that well no. 1 stopped producing in 2011 after it had produced 8 BCF, and that well no. 2 stopped producing in 2012 after it had produced 5 BCF. Two BCF of the RSV earned by well no. 1 remain. That RSV would be applied to production from well no. 3 until it is exhausted, and the lessee therefore would not pay royalty on those 2 BCF produced in 2015, because the $10.15 per MMBtu (adjusted for inflation after 2007) price threshold is not exceeded. The determination of which price threshold applies to deep gas production depends on when the first qualified well earned the RSV for the lease, not on which wells use the RSV.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 4:</HED><PSPACE>Assume that in February 2010, a lessee completes and begins producing from an ultra-deep well (at a depth of 21,500 feet TVD SS) on a lease located in 325 meters of water with no prior production from any deep well and no deep water royalty relief. The ultra-deep well would be a phase 2 ultra-deep well (see definition in § 203.0), and would earn the lease an RSV of 35 BCF under §§ 203.30 and 203.31. Further assume that the average daily closing NYMEX natural gas price exceeds $4.55 per MMBtu (adjusted for inflation after 2007) but does not exceed $10.15 per MMBtu (adjusted for inflation after 2007) during 2010. Because the lease is located in more than 200 but less than 400 meters of water, the $4.55 per MMBtu price threshold applies to the whole RSV (see paragraph (a)(2)(v) of this section), and the lessee will owe royalty on all gas produced from the ultra-deep well in 2010.</PSPACE></EXAMPLE>
<P>(d) You must pay any royalty due under this section no later than March 31 of the year following the calendar year for which you owe royalty. If you do not pay by that date, you must pay late payment interest under 30 CFR 1218.54 from April 1 until the date of payment.
</P>
<P>(e) Production volumes on which you must pay royalty under this section count as part of your RSV.


</P>
</DIV8>

</DIV7>


<DIV7 N="7" NODE="30:2.0.1.1.2.2.7" TYPE="SUBJGRP">
<HEAD>Royalty Relief for Drilling Deep Gas Wells on Leases Not Subject to Deep Water Royalty Relief</HEAD>


<DIV8 N="§ 203.40" NODE="30:2.0.1.1.2.2.7.8" TYPE="SECTION">
<HEAD>§ 203.40   Which leases are eligible for royalty relief as a result of drilling a deep well or a phase 1 ultra-deep well?</HEAD>
<P>Your lease may receive an RSV under §§ 203.41 through 203.44, and may receive an RSS under §§ 203.45 through 203.47, if it meets all the requirements of this section.
</P>
<P>(a) The lease is located in the GOA wholly west of 87 degrees, 30 minutes West longitude in water depths entirely less than 400 meters deep.


</P>
<P>(b) The lease has not produced gas or oil from a well with a perforated interval the top of which is 18,000 feet TVD SS or deeper that commenced drilling either:
</P>
<P>(1) Before March 26, 2003, on a lease that is located partly or entirely in water less than 200 meters deep; or
</P>
<P>(2) Before May 18, 2007, on a lease that is located in water entirely more than 200 meters and entirely less than 400 meters deep.
</P>
<P>(c) In the case of a lease located partly or entirely in water less than 200 meters deep, the lease was issued in a lease sale held either:
</P>
<P>(1) Before January 1, 2001;
</P>
<P>(2) On or after January 1, 2001, and before January 1, 2004, and, in cases where the original lease terms provided for an RSV for deep gas production, the lessee has exercised the option provided for in § 203.49; or
</P>
<P>(3) On or after January 1, 2004, and the lease terms provide for royalty relief under §§ 203.41 through 203.47. (Note: Because the original § 203.41 has been divided into new §§ 203.41 and 203.42 and subsequent sections have been redesignated as §§ 203.43 through 203.48, royalty relief in lease terms for leases issued on or after January 1, 2004, should be read as referring to §§ 203.41 through 203.48.)
</P>
<P>(d) If the lease is located entirely in more than 200 meters and less than 400 meters of water, it must either:
</P>
<P>(1) Have been issued before November 28, 1995, and not been granted deep water royalty relief under 43 U.S.C. 1337(a)(3)(C), added by section 302 of the Deep Water Royalty Relief Act; or
</P>
<P>(2) Have been issued after November 28, 2000, and not been granted deep water royalty relief under §§ 203.60 through 203.79.






</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44325, Sept. 15, 2025]










</CITA>
</DIV8>


<DIV8 N="§ 203.41" NODE="30:2.0.1.1.2.2.7.9" TYPE="SECTION">
<HEAD>§ 203.41   If I have a qualified deep well or a qualified phase 1 ultra-deep well, what royalty relief would my lease earn?</HEAD>
<P>(a) To qualify for a suspension volume under paragraphs (b) or (c) of this section, your lease must meet the requirements in § 203.40 and the requirements in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If your lease has not . . .
</TH><TH class="gpotbl_colhed" scope="col">And if it later . . .
</TH><TH class="gpotbl_colhed" scope="col">Then your lease . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) produced gas or oil from any deep well or ultra-deep well,</TD><TD align="left" class="gpotbl_cell">Has a qualified deep well or qualified phase 1 ultra-deep well,</TD><TD align="left" class="gpotbl_cell">earns an RSV specified in paragraph (b) of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) produced gas or oil from a well with a perforated interval whose top is 18,000 feet TVD SS or deeper,</TD><TD align="left" class="gpotbl_cell">Has a qualified deep well with a perforated interval whose top is 18,000 feet TVD SS or deeper or a qualified phase 1 ultra-deep well,</TD><TD align="left" class="gpotbl_cell">earns an RSV specified in paragraph (c) of this section.</TD></TR></TABLE></DIV></DIV>
<P>(b) If your lease meets the requirements in paragraph (a)(1) of this section, it earns the RSV prescribed in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a qualified deep well or a qualified phase 1 ultra-deep well that is:
</TH><TH class="gpotbl_colhed" scope="col">Then your lease earns an RSV on this volume of gas production:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) An original well with a perforated interval the top of which is from 15,000 to less than 18,000 feet TVD SS,</TD><TD align="left" class="gpotbl_cell">15 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) A sidetrack with a perforated interval the top of which is from 15,000 to less than 18,000 feet TVD SS,</TD><TD align="left" class="gpotbl_cell">4 BCF plus 600 MCF times sidetrack measured depth (rounded to the nearest 100 feet) but no more than 15 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) An original well with a perforated interval the top of which is at least 18,000 feet TVD SS,</TD><TD align="left" class="gpotbl_cell">25 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) A sidetrack with a perforated interval the top of which is at least 18,000 feet TVD SS,</TD><TD align="left" class="gpotbl_cell">4 BCF plus 600 MCF times sidetrack measured depth (rounded to the nearest 100 feet) but no more than 25 BCF.</TD></TR></TABLE></DIV></DIV>
<P>(c) If your lease meets the requirements in paragraph (a)(2) of this section, it earns the RSV prescribed in the following table. The RSV specified in this paragraph is in addition to any RSV your lease already may have earned from a qualified deep well with a perforated interval whose top is from 15,000 feet to less than 18,000 feet TVD SS.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a qualified deep well or a qualified phase 1 ultra-deep well that is . . .
</TH><TH class="gpotbl_colhed" scope="col">Then you earn an RSV on this amount of gas production:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) An original well or a sidetrack with a perforated interval the top of which is from 15,000 to less than 18,000 feet TVD SS,</TD><TD align="left" class="gpotbl_cell">0 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) An original well with a perforated interval the top of which is 18,000 feet TVD SS or deeper,</TD><TD align="left" class="gpotbl_cell">10 BCF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) A sidetrack with a perforated interval the top of which is 18,000 feet TVD SS or deeper,</TD><TD align="left" class="gpotbl_cell">4 BCF plus 600 MCF times sidetrack measured depth (rounded to the nearest 100 feet) but no more than 10 BCF.</TD></TR></TABLE></DIV></DIV>
<P>(d) Lessees may request a refund of or recoup royalties paid on production from qualified wells on a lease that is located in water entirely deeper than 200 meters but entirely less than 400 meters deep that:
</P>
<P>(1) Occurs before December 18, 2008; and
</P>
<P>(2) Is subject to application of an RSV under either § 203.31 or § 203.41.
</P>
<P>(e) The following examples illustrate how this section applies, assuming your lease meets the location, prior production, and lease issuance conditions in § 203.40 and paragraph (a) of this section:
</P>
<EXAMPLE>
<HED>Example 1:</HED><PSPACE>If you have a qualified deep well that is an original well with a perforated interval the top of which is 16,000 feet TVD SS, your lease earns an RSV of 15 BCF under paragraph (b)(1) of this section. This RSV must be applied to gas production from all qualified wells on your lease, as prescribed in §§ 203.43 and 203.48. However, if the top of the perforated interval is 18,500 feet TVD SS, the RSV is 25 BCF according to paragraph (b)(3) of this section.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 2:</HED><PSPACE>If you have a qualified deep well that is a sidetrack, with a perforated interval the top of which is 16,000 feet TVD SS and a sidetrack measured depth of 6,789 feet, we round the measured depth to 6,800 feet and your lease earns an RSV of 8.08 BCF under paragraph (b)(2) of this section. This RSV would be applied to gas production from all qualified wells on your lease, as prescribed in §§ 203.43 and 203.48.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 3:</HED><PSPACE>If you have a qualified deep well that is a sidetrack, with a perforated interval the top of which is 16,000 feet TVD SS and a sidetrack measured depth of 19,500 feet, your lease earns an RSV of 15 BCF. This RSV would be applied to gas production from all qualified wells on your lease, as prescribed in §§ 203.43 and 203.48, even though 4 BCF plus 600 MCF per foot of sidetrack measured depth equals 15.7 BCF because paragraph (b)(2) of this section limits the RSV for a sidetrack at the amount an original well to the same depth would earn.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 4:</HED><PSPACE>If you have drilled and produced a deep well with a perforated interval the top of which is 16,000 feet TVD SS before March 26, 2003 (and the well therefore is not a qualified well and has earned no RSV under this section), and later drill:
</PSPACE><P>(i) A deep well with a perforated interval the top of which is 17,000 feet TVD SS, your lease earns no RSV (see paragraph (c)(1) of this section);
</P><P>(ii) A qualified deep well that is an original well with a perforated interval the top of which is 19,000 feet TVD SS, your lease earns an RSV of 10 BCF under paragraph (c)(2) of this section. This RSV would be applied to gas production from qualified wells on your lease, as prescribed in §§ 203.43 and 203.48; or
</P><P>(iii) A qualified deep well that is a sidetrack with a perforated interval the top of which is 19,000 feet TVD SS, that has a sidetrack measured depth of 7,000 feet, your lease earns an RSV of 8.2 BCF under paragraph (c)(3) of this section. This RSV would be applied to gas production from qualified wells on your lease, as prescribed in §§ 203.43 and 203.48.</P></EXAMPLE>
<EXAMPLE>
<HED>Example 5:</HED><PSPACE>If you have a qualified deep well that is an original well with a perforated interval the top of which is 16,000 feet TVD SS, and later drill a second qualified well that is an original well with a perforated interval the top of which is 19,000 feet TVD SS, we increase the total RSV for your lease from 15 BCF to 25 BCF under paragraph (c)(2) of this section. We will apply that RSV to gas production from all qualified wells on your lease, as prescribed in §§ 203.43 and 203.48. If the second well has a perforated interval the top of which is 22,000 feet TVD SS (instead of 19,000 feet), the total RSV for your lease would increase to 25 BCF only in 2 situations: (1) If the second well was a phase 1 ultra-deep well, <I>i.e.,</I> if drilling began before May 18, 2007, or (2) the exception in § 203.31(b) applies. In both situations, your lease must be partly or entirely in less than 200 meters of water and production must begin on this well before May 3, 2009. If drilling of the second well began on or after May 18, 2007, the second well would be qualified as a phase 2 or phase 3 ultra-deep well and, unless the exception in § 203.31(b) applies, would not earn any additional RSV (as prescribed in § 203.30), so the total RSV for your lease would remain at 15 BCF.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 6:</HED><PSPACE>If you have a qualified deep well that is a sidetrack, with a perforated interval the top of which is 16,000 feet TVD SS and a sidetrack measured depth of 4,000 feet, and later drill a second qualified well that is a sidetrack, with a perforated interval the top of which is 19,000 feet TVD SS and a sidetrack measured depth of 8,000 feet, we increase the total RSV for your lease from 6.4 BCF [4 + (600 * 4,000)/1,000,000] to 15.2 BCF {6.4 + [4 + (600 * 8,000)/1,000,000)]} under paragraphs (b)(2) and (c)(3) of this section. We would apply that RSV to gas production from all qualified wells on your lease, as prescribed in §§ 203.43 and 203.48. The difference of 8.8 BCF represents the RSV earned by the second sidetrack that has a perforated interval the top of which is deeper than 18,000 feet TVD SS.</PSPACE></EXAMPLE>
</DIV8>


<DIV8 N="§ 203.42" NODE="30:2.0.1.1.2.2.7.10" TYPE="SECTION">
<HEAD>§ 203.42   What conditions and limitations apply to royalty relief for deep wells and phase 1 ultra-deep wells?</HEAD>
<P>The conditions and limitations in the following table apply to royalty relief under § 203.41.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">Then . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Your lease has produced gas or oil from a well with a perforated interval the top of which is 18,000 feet TVD SS or deeper,</TD><TD align="left" class="gpotbl_cell">your lease cannot earn an RSV under § 203.41 as a result of drilling any subsequent deep wells or phase 1 ultra-deep wells.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) You determine RSV under § 203.41 for the first qualified deep well or qualified phase 1 ultra-deep well on your lease (whether an original well or a sidetrack) because you drilled and produced it within the time intervals set forth in the definitions for qualified wells,</TD><TD align="left" class="gpotbl_cell">that determination establishes the total RSV available for that drilling depth interval on your lease (<E T="03">i.e.,</E> either 15,000-18,000 feet TVD SS, or 18,000 feet TVD SS and deeper), regardless of the number of subsequent qualified wells you drill to that depth interval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) A qualified deep well or qualified phase 1 ultra-deep well on your lease is within a unitized portion of your lease,</TD><TD align="left" class="gpotbl_cell">the RSV earned by that well under § 203.41 applies only to production from qualified wells on or allocated to your lease and not to other leases within the unit.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Your qualified deep well or qualified phase 1 ultra-deep well is a directional well (either an original well or a sidetrack) drilled across a lease line,</TD><TD align="left" class="gpotbl_cell">the lease with the perforated interval that initially produces earns the RSV. However, if the perforated interval crosses a lease line, the lease where the surface of the well is located earns the RSV.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) You earn an RSV under § 203.41,</TD><TD align="left" class="gpotbl_cell">that RSV is in addition to any RSS for your lease under § 203.45 that results from a different wellbore.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) Your lease earns an RSV under § 203.41 and later produces from a well that is not a qualified well,</TD><TD align="left" class="gpotbl_cell">the RSV is not forfeited or terminated, but you may not apply the RSV under § 203.41 to production from the non-qualified well.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) You qualify for an RSV under paragraphs (b) or (c) of § 203.41,</TD><TD align="left" class="gpotbl_cell">you still owe minimum royalties or rentals in accordance with your lease terms.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(h) You transfer your lease,</TD><TD align="left" class="gpotbl_cell">unused RSVs transfer to a successor lessee and expire with the lease.</TD></TR></TABLE></DIV></DIV>
<EXAMPLE>
<HED>Example to paragraph (b):</HED><PSPACE>If your first qualified deep well is a sidetrack with a perforated interval whose top is 16,000 feet TVD SS and earns an RSV of 12.5 BCF, and you later drill a qualified original deep well to 17,000 feet TVD SS, the RSV for your lease remains at 12.5 BCF and does not increase to 15 BCF. However, under paragraph (c) of § 203.41, if you subsequently drill a qualified deep well to a depth of 18,000 feet or greater TVD SS, you may earn an additional RSV.</PSPACE></EXAMPLE>
</DIV8>


<DIV8 N="§ 203.43" NODE="30:2.0.1.1.2.2.7.11" TYPE="SECTION">
<HEAD>§ 203.43   To which production do I apply the RSV earned from qualified deep wells or qualified phase 1 ultra-deep wells on my lease?</HEAD>
<P>(a) You must apply the RSV prescribed in § 203.41(b) and (c) to gas volumes produced from qualified wells on or after May 3, 2004, reported on the OGOR-A for your lease under 30 CFR 1210.102, as and to the extent prescribed in §§ 203.43 and 203.48.
</P>
<P>(1) Except as provided in paragraph (a)(2) of this section, all gas production from qualified wells reported on the OGOR-A, including production that is not subject to royalty, counts toward the lease RSV.
</P>
<P>(2) Production to which an RSS applies under §§ 203.45 and 203.46 does not count toward the lease RSV.
</P>
<P>(b) This paragraph applies to any lease with a qualified deep well or qualified phase 1 ultra-deep well when no part of the lease is within a BSEE-approved unit. Subject to the price conditions in § 203.48, you must apply the RSV prescribed in § 203.41 as required under the following paragraphs (b)(1) and (b)(2) of this section.
</P>
<P>(1) You must apply the RSV to the earliest gas production occurring on and after the later of:
</P>
<P>(i) May 3, 2004, for an RSV earned by a qualified deep well or qualified phase 1 ultra-deep well on a lease that is located entirely or partly in water less than 200 meters deep;
</P>
<P>(ii) May 18, 2007, for an RSV earned by a qualified deep well on a lease that is located entirely in water more than 200 meters deep; or
</P>
<P>(iii) The date that the first qualified well that earns your lease the RSV begins production (other than test production).
</P>
<P>(2) You must apply the RSV to only gas production from qualified wells on your lease, regardless of their depth, for which you have met the requirements in § 203.35 or § 203.44.
</P>
<EXAMPLE>
<HED>Example 1:</HED><PSPACE>On a lease in water less than 200 meters deep, you began drilling an original deep well with a perforated interval the top of which is 18,200 feet TVD SS in September 2003, that became a qualified deep well in July 2004, when it began producing and using the RSV that it earned. You subsequently drill another original deep well with a perforated interval the top of which is 16,600 feet TVD SS, which becomes a qualified deep well when production begins in August 2008. The first well earned an RSV of 25 BCF (see § 203.41(a)(1) and (b)(3)). You must apply any remaining RSV each month beginning in August 2008 to production from both wells until the 25 BCF RSV is fully utilized according to paragraph (b)(2) of this section. If the second well had begun production in August 2009, it would not be a qualified deep well because it started production after expiration in May 2009 of the ability to qualify for royalty relief in this water depth, and could not share any of the remaining RSV (see definition of a qualified deep well in § 203.0).</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 2:</HED><PSPACE>On a lease in water between 200 and 400 meters deep, you begin drilling an original deep well with a perforated interval the top of which is 17,100 feet TVD SS in November 2010 that becomes a qualified deep well in June 2011 when it begins producing and using the RSV. You subsequently drill another original deep well with a perforated interval the top of which is 15,300 feet TVD SS which becomes a qualified deep well by beginning production in October 2011 (see definition of a qualified deep well in § 203.0). Only the first well earns an RSV equal to 15 BCF (see § 203.41(a) and (b)). You must apply any remaining RSV each month beginning in October 2011 to production from both qualified deep wells until the 15 BCF RSV is fully utilized according to paragraph (b)(2) of this section.</PSPACE></EXAMPLE>
<P>(c) This paragraph applies to any lease with a qualified deep well or qualified phase 1 ultra-deep well when all or part of the lease is within a BSEE-approved unit. Under the unit agreement, a share of the production from all the qualified wells in the unit participating area would be allocated to your lease each month according to the participating area percentages. Subject to the price conditions in § 203.48, you must apply the RSV prescribed under § 203.41 as required under the following paragraphs (c)(1) through (3) of this section.
</P>
<P>(1) You must apply the RSV to the earliest gas production occurring on and after the later of:
</P>
<P>(i) May 3, 2004, for an RSV earned by a qualified well or qualified phase 1 ultra-deep well on a lease that is located entirely or partly in water less than 200 meters deep;
</P>
<P>(ii) May 18, 2007, for an RSV earned by a qualified deep well on a lease that is located entirely in water more than 200 meters deep; or
</P>
<P>(iii) The date that the first qualified well that earns your lease the RSV begins production (other than test production).
</P>
<P>(2) You must apply the RSV to only gas production:
</P>
<P>(i) From all qualified wells on the non-unitized area of your lease, regardless of their depth, for which you have met the requirements in § 203.35 or § 203.44; and,
</P>
<P>(ii) Allocated to your lease under a BSEE-approved unit agreement from qualified wells on unitized areas of your lease and on unitized areas of other leases in the unit, regardless of their depth, for which the requirements in § 203.35 or § 203.44 have been met.
</P>
<P>(3) The allocated share under paragraph (c)(2)(ii) of this section does not increase the RSV for your lease. None of the volumes produced from a well that is not within a unit participating area may be allocated to other leases in the unit.
</P>
<EXAMPLE>
<HED>Example:</HED><PSPACE>The east half of your lease A is unitized with all of lease B. There is one qualified 19,000-foot TVD SS deep well on the non-unitized portion of lease A, one qualified 18,500-foot TVD SS deep well on the unitized portion of lease A, and a qualified 19,400-foot TVD SS deep well on lease B. The participating area percentages allocate 32 percent of production from both of the unit qualified deep wells to lease A and 68 percent to lease B. If the non-unitized qualified deep well on lease A produces 12 BCF and the unitized qualified deep well on lease A produces 15 BCF, and the qualified deep well on lease B produces 10 BCF, then the production volume from and allocated to lease A to which the lease an RSV applies is 20 BCF [12 + (15 + 10) * (0.32)]. The production volume allocated to lease B to which the lease B RSV applies is 17 BCF [(15 + 10) * (0.68)].</PSPACE></EXAMPLE>
<P>(d) You must begin paying royalties when the cumulative production of gas from all qualified wells on your lease, or allocated to your lease under paragraph (c) of this section, reaches the applicable RSV allowed under § 203.31 or § 203.41. For the month in which cumulative production reaches this RSV, you owe royalties on the portion of gas production that exceeds the RSV remaining at the beginning of that month.
</P>
<P>(e) You may not apply the RSV allowed under § 203.41 to:
</P>
<P>(1) Production from completions less than 15,000 feet TVD SS, except in cases where the qualified deep well is re-perforated in the same reservoir previously perforated deeper than 15,000 feet TVD SS;
</P>
<P>(2) Production from a deep well or phase 1 ultra-deep well on any other lease, except as provided in paragraph (c) of this section;
</P>
<P>(3) Any liquid hydrocarbon (oil and condensate) volumes; or
</P>
<P>(4) Production from a deep well or phase 1 ultra-deep well that commenced drilling before:
</P>
<P>(i) March 26, 2003, on a lease that is located entirely or partly in water less than 200 meters deep, or
</P>
<P>(ii) May 18, 2007, on a lease that is located entirely in water more than 200 meters deep.


</P>
</DIV8>


<DIV8 N="§ 203.44" NODE="30:2.0.1.1.2.2.7.12" TYPE="SECTION">
<HEAD>§ 203.44   What administrative steps must I take to use the royalty suspension volume?</HEAD>
<P>(a) You must notify the BSEE Regional Supervisor for Production and Development in writing of your intent to begin drilling operations on all deep wells and phase 1 ultra-deep wells; and
</P>
<P>(b) Within 30 days of the beginning of production from all wells that would become qualified wells by satisfying the requirements of this section, you must:
</P>
<P>(1) Provide written notification to the BSEE Regional Supervisor for Production and Development that production has begun; and
</P>
<P>(2) Request confirmation of the size of the royalty suspension volume earned by your lease.
</P>
<P>(c) Before beginning production, you must meet any production measurement requirements that the BSEE Regional Supervisor for Production and Development has determined are necessary under 30 CFR part 250, subpart L.
</P>
<P>(d) You must provide the information in paragraph (b) of this section by January 20, 2009, if you produced before December 18, 2008, from a qualified deep well or qualified phase 1 ultra-deep well on a lease that is located entirely in water more than 200 meters and less than 400 meters deep.
</P>
<P>(e) The BSEE Regional Supervisor for Production and Development may extend the deadline for beginning production for up to one year for a well that cannot begin production before the applicable date prescribed in the definition of “qualified deep well” in § 203.0 if it meets all of the following criteria.
</P>
<P>(1) The well otherwise meets the criteria in the definition of a qualified deep well in § 203.0.
</P>
<P>(2) The delay in production occurred after reaching total depth in the well.
</P>
<P>(3) Production (other than test production) was expected to begin from the well before the applicable deadline in the definition of a qualified deep well in § 203.0. You must provide a credible activity schedule with supporting documentation.
</P>
<P>(4) The delay in beginning production is for reasons beyond your control, such as adverse weather and accidents which BSEE deems were unavoidable.


</P>
</DIV8>


<DIV8 N="§ 203.45" NODE="30:2.0.1.1.2.2.7.13" TYPE="SECTION">
<HEAD>§ 203.45   If I drill a certified unsuccessful well, what royalty relief will my lease earn?</HEAD>
<P>Your lease may earn a royalty suspension supplement. Subject to paragraph (d) of this section, the royalty suspension supplement is in addition to any royalty suspension volume your lease may earn under § 203.41.
</P>
<P>(a) If you drill a certified unsuccessful well and you satisfy the administrative requirements of § 203.47, subject to the price conditions in § 203.48, your lease earns an RSS shown in the following table. The RSS is shown in billions of cubic feet of gas equivalent (BCFE) or in thousands of cubic feet of gas equivalent (MCFE) and is applicable to oil and gas production as prescribed in § 203.46.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a certified unsuccessful well that is:—
</TH><TH class="gpotbl_colhed" scope="col">Then your lease earns an RSS on this volume of oil and gas production as prescribed in this section and § 203.46:—
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) An original well and your lease has not produced gas or oil from a deep well or an ultra-deep well,</TD><TD align="left" class="gpotbl_cell">5 BCFE.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) A sidetrack (with a sidetrack measured depth of at least 10,000 feet) and your lease has not produced gas or oil from a deep well or an ultra-deep well,</TD><TD align="left" class="gpotbl_cell">0.8 BCFE plus 120 MCFE times sidetrack measured depth (rounded to the nearest 100 feet) but no more than 5 BCFE.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) An original well or a sidetrack (with a sidetrack measured depth of at least 10,000 feet) and your lease has produced gas or oil from a deep well with a perforated interval the top of which is from 15,000 to less than 18,000 feet TVD SS,</TD><TD align="left" class="gpotbl_cell">2 BCFE.</TD></TR></TABLE></DIV></DIV>
<P>(b) This paragraph applies to oil and gas volumes you report on the OGOR-A for your lease under 30 CFR 1210.102.
</P>
<P>(1) You must apply the RSS prescribed in paragraph (a) of this section, in accordance with the requirements in § 203.46, to all oil and gas produced from the lease:
</P>
<P>(i) On or after December 18, 2008, if your lease is located in water more than 200 meters but less than 400 meters deep; or
</P>
<P>(ii) On or after May 3, 2004, if your lease is located in water partly or entirely less than 200 meters deep.
</P>
<P>(2) Production to which an RSV applies under §§ 203.31 through 203.33 and §§ 203.41 through 203.43 does not count toward the lease RSS. All other production, including production that is not subject to royalty, counts toward the lease RSS.
</P>
<EXAMPLE>
<HED>Example 1:</HED><PSPACE>If you drill a certified unsuccessful well that is an original well to a target 19,000 feet TVD SS, your lease earns an RSS of 5 BCFE that would be applied to gas and oil production if your lease has not previously produced from a deep well or an ultra-deep well, or you earn an RSS of 2 BCFE of gas and oil production if your lease has previously produced from a deep well with a perforated interval from 15,000 to less than 18,000 feet TVD SS, as prescribed in § 203.46.</PSPACE></EXAMPLE>
<EXAMPLE>
<HED>Example 2:</HED><PSPACE>If you drill a certified unsuccessful well that is a sidetrack that reaches a target 19,000 feet TVD SS, that has a sidetrack measured depth of 12,545 feet, and your lease has not produced gas or oil from any deep well or ultra-deep well, BSEE rounds the sidetrack measured depth to 12,500 feet and your lease earns an RSS of 2.3 BCFE of gas and oil production as prescribed in § 203.45.</PSPACE></EXAMPLE>
<P>(c) The conversion from oil to gas for using the royalty suspension supplement is specified in § 203.73.
</P>
<P>(d) Each lease is eligible for up to two royalty suspension supplements. Therefore, the total royalty suspension supplement for a lease cannot exceed 10 BCFE.
</P>
<P>(1) You may not earn more than one royalty suspension supplement from a single wellbore.
</P>
<P>(2) If you begin drilling a certified unsuccessful well on one lease but the completion target is on a second lease, the entire royalty suspension supplement belongs to the second lease. However, if the target straddles a lease line, the lease where the surface of the well is located earns the royalty suspension supplement.
</P>
<P>(e) If the same wellbore that earns an RSS as a certified unsuccessful well later produces from a perforated interval the top of which is 15,000 feet TVD or deeper and becomes a qualified well, it will be subject to the following conditions:
</P>
<P>(1) Beginning on the date production starts, you must stop applying the royalty suspension supplement earned by that wellbore to your lease production.
</P>
<P>(2) If the completion of this qualified well is on your lease or, in the case of a directional well, is on another lease, then you must subtract from the royalty suspension volume earned by that qualified well the royalty suspension supplement amounts earned by that wellbore that have already been applied either on your lease or any other lease. The difference represents the royalty suspension volume earned by the qualified well.
</P>
<P>(f) If the same wellbore that earned a royalty suspension supplement later has a sidetrack drilled from that wellbore, you are not required to subtract any royalty suspension supplement earned by that wellbore from the royalty suspension volume that may be earned by the sidetrack.
</P>
<P>(g) You owe minimum royalties or rentals in accordance with your lease terms notwithstanding any royalty suspension supplements under this section.


</P>
</DIV8>


<DIV8 N="§ 203.46" NODE="30:2.0.1.1.2.2.7.14" TYPE="SECTION">
<HEAD>§ 203.46   To which production do I apply the royalty suspension supplements from drilling one or two certified unsuccessful wells on my lease?</HEAD>
<P>(a) Subject to the requirements of §§ 203.40, 203.43, 203.45, 203.47, and 203.48 you must apply an RSS in § 203.45 to the earliest oil and gas production:
</P>
<P>(1) Occurring on and after the day you file the information under § 203.47(b),
</P>
<P>(2) From, or allocated under a BSEE-approved unit agreement to, the lease on which the certified unsuccessful well was drilled, without regard to the drilling depth of the well producing the gas or oil.
</P>
<P>(b) If you have a royalty suspension volume for the lease under § 203.41, you must use the royalty suspension volumes for gas produced from qualified wells on the lease before using royalty suspension supplements for gas produced from qualified wells.
</P>
<EXAMPLE>
<HED>Example to paragraph (b):</HED><PSPACE>You have two shallow oil wells on your lease. Then you drill a certified unsuccessful well and earn a royalty suspension supplement of 5 BCFE. Thereafter, you begin production from an original well that is a qualified well that earns a royalty suspension volume of 15 BCF. You use only 2 BCFE of the royalty suspension supplement before the oil wells deplete. You must use up the 15 BCF of royalty suspension volume before you use the remaining 3 BCFE of the royalty suspension supplement for gas produced from the qualified well.</PSPACE></EXAMPLE>
<P>(c) If you have no current production on which to apply the RSS allowed under § 203.45, your RSS applies to the earliest subsequent production of gas and oil from, or allocated under a BSEE-approved unit agreement to, your lease.
</P>
<P>(d) Unused royalty suspension supplements transfer to a successor lessee and expire with the lease.
</P>
<P>(e) You may not apply the RSS allowed under § 203.45 to production from any other lease, except for production allocated to your lease from a BSEE-approved unit agreement. If your certified unsuccessful well is on a lease subject to a BSEE-approved unit agreement, the lessees of other leases in the unit may not apply any portion of the RSS for your lease to production from the other leases in the unit.
</P>
<P>(f) You must begin or resume paying royalties when cumulative gas and oil production from, or allocated under a BSEE-approved unit agreement to, your lease (excluding any gas produced from qualified wells subject to a royalty suspension volume allowed under § 203.41) reaches the applicable royalty suspension supplement. For the month in which the cumulative production reaches this royalty suspension supplement, you owe royalties on the portion of gas or oil production that exceeds the amount of the royalty suspension supplement remaining at the beginning of that month.


</P>
</DIV8>


<DIV8 N="§ 203.47" NODE="30:2.0.1.1.2.2.7.15" TYPE="SECTION">
<HEAD>§ 203.47   What administrative steps do I take to obtain and use the royalty suspension supplement?</HEAD>
<P>(a) Before you start drilling a well on your lease targeted to a reservoir at least 18,000 feet TVD SS, you must notify, in writing, the BSEE Regional Supervisor for Production and Development of your intent to begin drilling operations and the depth of the target.
</P>
<P>(b) After drilling the well, you must provide the BSEE Regional Supervisor for Production and Development within 60 days after reaching the total depth in your well:
</P>
<P>(1) Information that allows BSEE to confirm that you drilled a certified unsuccessful well as defined under § 203.0, including:
</P>
<P>(i) Well log data, if your original well or sidetrack does not meet the producibility requirements of 30 CFR part 550, subpart A; or
</P>
<P>(ii) Well log, well test, seismic, and economic data, if your well does meet the producibility requirements of 30 CFR part 550, subpart A; and
</P>
<P>(2) Information that allows BSEE to confirm the size of the royalty suspension supplement for a sidetrack, including sidetrack measured depth and supporting documentation.
</P>
<P>(c) If you commenced drilling a well that otherwise meets the criteria for a certified unsuccessful well on a lease located entirely in more than 200 meters and entirely less than 400 meters of water on or after May 18, 2007, and finished it before December 18, 2008, you must provide the information in paragraph (b) of this section no later than February 17, 2009.


</P>
</DIV8>


<DIV8 N="§ 203.48" NODE="30:2.0.1.1.2.2.7.16" TYPE="SECTION">
<HEAD>§ 203.48   Do I keep royalty relief if prices rise significantly?</HEAD>
<P>(a) You must pay royalties on all gas and oil production for which an RSV or an RSS otherwise would be allowed under §§ 203.40 through 203.47 for any calendar year when the average daily closing NYMEX natural gas price exceeds the applicable threshold price shown in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For a lease located in water . . .
</TH><TH class="gpotbl_colhed" scope="col">And issued . . .
</TH><TH class="gpotbl_colhed" scope="col">The applicable threshold price is . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Partly or entirely less than 200 meters deep,</TD><TD align="left" class="gpotbl_cell">before December 18, 2008,</TD><TD align="left" class="gpotbl_cell">$10.15 per MMBtu, adjusted annually after calendar year 2007 for inflation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Partly or entirely less than 200 meters deep,</TD><TD align="left" class="gpotbl_cell">after December 18, 2008,</TD><TD align="left" class="gpotbl_cell">$4.55 per MMBtu, adjusted annually after calendar year 2007 for inflation unless the lease terms prescribe a different price threshold.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Entirely more than 200 meters and entirely less than 400 meters deep,</TD><TD align="left" class="gpotbl_cell">on any date,</TD><TD align="left" class="gpotbl_cell">$4.55 per MMBtu, adjusted annually after calendar year 2007 for inflation unless the lease terms prescribe a different price threshold.</TD></TR></TABLE></DIV></DIV>
<P>(b) Determine the threshold price for any calendar year after 2007 by adjusting the threshold price in the previous year by the percentage that the implicit price deflator for the gross domestic product, as published by the Department of Commerce, changed during the calendar year.
</P>
<P>(c) You must pay any royalty due under this section no later than March 31 of the year following the calendar year for which you owe royalty. If you do not pay by that date, you must pay late payment interest under 30 CFR 1218.54 from April 1 until the date of payment.
</P>
<P>(d) Production volumes on which you must pay royalty under this section count as part of your RSV and RSS.


</P>
</DIV8>


<DIV8 N="§ 203.49" NODE="30:2.0.1.1.2.2.7.17" TYPE="SECTION">
<HEAD>§ 203.49   May I substitute the deep gas drilling provisions in this part for the deep gas royalty relief provided in my lease terms?</HEAD>
<P>(a) You may exercise an option to replace the applicable lease terms for royalty relief related to deep-well drilling with those in § 203.0 and §§ 203.40 through 203.48 if you have a lease issued with royalty relief provisions for deep-well drilling. Such leases:
</P>
<P>(1) Must be issued as part of an OCS lease sale held after January 1, 2001, and before April 1, 2004; and
</P>
<P>(2) Must be located wholly west of 87 degrees, 30 minutes West longitude in the GOA entirely or partly in water less than 200 meters deep.


</P>
<P>(b) To exercise the option under paragraph (a) of this section, you must notify, in writing, the BSEE Regional Supervisor for Production and Development of your decision before September 1, 2004, or 180 days after your lease is issued, whichever is later, and specify the lease and block number.
</P>
<P>(c) Once you exercise the option under paragraph (a) of this section, you are subject to all the activity, timing, and administrative requirements pertaining to deep gas royalty relief as specified in §§ 203.40 through 203.48.
</P>
<P>(d) Exercising the option under paragraph (a) of this section is irrevocable. If you do not exercise this option, then the terms of your lease apply.




</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44325, Sept. 15, 2025]








</CITA>
</DIV8>

</DIV7>


<DIV7 N="8" NODE="30:2.0.1.1.2.2.8" TYPE="SUBJGRP">
<HEAD>Royalty Relief for End-of-Life Leases</HEAD>


<DIV8 N="§ 203.50" NODE="30:2.0.1.1.2.2.8.18" TYPE="SECTION">
<HEAD>§ 203.50   Who may apply for end-of-life royalty relief?</HEAD>
<P>You may apply for royalty relief in two situations.
</P>
<P>(a) Your end-of-life lease (as defined in § 203.2) is an oil and gas lease and has average daily production of at least 100 barrels of oil equivalent (BOE) per month (as calculated in § 203.73) in at least 12 of the past 15 months. The most recent of these 12 months are considered the qualifying months. These 12 months should reflect the basic operation you intend to use until your resources are depleted. If you changed your operation significantly (e.g., begin re-injecting rather than recovering gas) during the qualifying months, or if you do so while we are processing your application, we may defer action on your application until you revise it to show the new circumstances.
</P>
<P>(b) Your end-of-life lease is other than an oil and gas lease (e.g., sulphur) and has production in at least 12 of the past 15 months. The most recent of these 12 months are considered the qualifying months.


</P>
</DIV8>


<DIV8 N="§ 203.51" NODE="30:2.0.1.1.2.2.8.19" TYPE="SECTION">
<HEAD>§ 203.51   How do I apply for end-of-life royalty relief?</HEAD>
<P>You must submit a complete application and the required fee to the appropriate BSEE Regional Director. Your BSEE regional office will provide specific guidance on the report formats. A complete application for relief includes:
</P>
<P>(a) An administrative information report (specified in § 203.83) and
</P>
<P>(b) A net revenue and relief justification report (specified in § 203.84).


</P>
</DIV8>


<DIV8 N="§ 203.52" NODE="30:2.0.1.1.2.2.8.20" TYPE="SECTION">
<HEAD>§ 203.52   What criteria must I meet to get relief?</HEAD>
<P>(a) To qualify for relief, you must demonstrate that the sum of royalty payments over the 12 qualifying months exceeds 75 percent of the sum of net revenues (before-royalty revenues minus allowable costs, as defined in § 203.84).
</P>
<P>(b) To re-qualify for relief, e.g., either applying for additional relief on top of relief already granted, or applying for relief sometime after your earlier agreement terminated, you must demonstrate that:
</P>
<P>(1) You have met the criterion listed in paragraph (a) of this section, and
</P>
<P>(2) The 12 required qualifying months of operation have occurred under the current royalty arrangement.


</P>
</DIV8>


<DIV8 N="§ 203.53" NODE="30:2.0.1.1.2.2.8.21" TYPE="SECTION">
<HEAD>§ 203.53   What relief will BSEE grant?</HEAD>
<P>(a) If we approve your application and you meet certain conditions, we will reduce the pre-application effective royalty rate by one-half on production up to the relief volume amount. If you produce more than the relief volume amount:
</P>
<P>(1) We will impose a royalty rate equal to 1.5 times the effective royalty rate on your additional production up to twice the relief volume amount; and
</P>
<P>(2) We will impose a royalty rate equal to the effective rate on all production greater than twice the relief volume amount.
</P>
<P>(b) Regardless of the level of production or prices (see § 203.54), royalty payments due under end-of-life relief will not exceed the royalty obligations that would have been due at the effective royalty rate.
</P>
<P>(1) The effective royalty rate is the average lease rate paid on production during the 12 qualifying months.
</P>
<P>(2) The relief volume amount is the average monthly BOE production for the 12 qualifying months.


</P>
</DIV8>


<DIV8 N="§ 203.54" NODE="30:2.0.1.1.2.2.8.22" TYPE="SECTION">
<HEAD>§ 203.54   How does my relief arrangement for an oil and gas lease operate if prices rise sharply?</HEAD>
<P>In those months when your current reference price rises by at least 25 percent above your base reference price, you must pay the effective royalty rate on all monthly production.
</P>
<P>(a) Your current reference price is a weighted average of daily closing prices on the NYMEX for light sweet crude oil and natural gas over the most recent full 12 calendar months;
</P>
<P>(b) Your base reference price is a weighted average of daily closing prices on the NYMEX for light sweet crude oil and natural gas during the qualifying months; and
</P>
<P>(c) Your weighting factors are the proportions of your total production volume (in BOE) provided by oil and gas during the qualifying months.


</P>
</DIV8>


<DIV8 N="§ 203.55" NODE="30:2.0.1.1.2.2.8.23" TYPE="SECTION">
<HEAD>§ 203.55   Under what conditions can my end-of-life royalty relief arrangement for an oil and gas lease be ended?</HEAD>
<P>(a) If you have an end-of-life royalty relief arrangement, you may renounce it at any time. The lease rate will return to the effective rate during the qualifying period in the first full month following our receipt of your renouncement of the relief arrangement.
</P>
<P>(b) If you pay the effective lease rate for 12 consecutive months, we will terminate your relief. The lease rate will return to the effective rate in the first full month following this termination.
</P>
<P>(c) We may stipulate in the letter of approval for individual cases certain events that would cause us to terminate relief because they are inconsistent with an end-of-life situation.


</P>
</DIV8>


<DIV8 N="§ 203.56" NODE="30:2.0.1.1.2.2.8.24" TYPE="SECTION">
<HEAD>§ 203.56   Does relief transfer when a lease is assigned?</HEAD>
<P>Yes. Royalty relief is based on the lease circumstances, not ownership. It transfers upon lease assignment.


</P>
</DIV8>

</DIV7>


<DIV7 N="9" NODE="30:2.0.1.1.2.2.9" TYPE="SUBJGRP">
<HEAD>Royalty Relief for Pre-Act Deep Water Leases and for Development and Expansion Projects</HEAD>


<DIV8 N="§ 203.60" NODE="30:2.0.1.1.2.2.9.25" TYPE="SECTION">
<HEAD>§ 203.60   Who may apply for royalty relief on a case-by-case basis in deep water in the Gulf of America or offshore of Alaska?</HEAD>
<P>You may apply for royalty relief under §§ 203.61(b) and 203.62 for an individual lease, unit or project if you:
</P>
<P>(a) Hold a pre-Act lease (as defined in § 203.0) that we have assigned to an authorized field (as defined in § 203.0);
</P>
<P>(b) Propose an expansion project (as defined in § 203.0); or
</P>
<P>(c) Propose a development project (as defined in § 203.0).


</P>
</DIV8>


<DIV8 N="§ 203.61" NODE="30:2.0.1.1.2.2.9.26" TYPE="SECTION">
<HEAD>§ 203.61   How do I assess my chances for getting relief?</HEAD>
<P>You may ask for a nonbinding assessment (a formal opinion on whether a field would qualify for royalty relief) before turning in your first complete application on an authorized field. This field must have a qualifying well under 30 CFR part 550, subpart A, or be on a lease that has allocated production under an approved unit agreement.
</P>
<P>(a) To request a nonbinding assessment, you must:
</P>
<P>(1) Submit a draft application in the format and detail specified in guidance from the BSEE regional office for the GOA;
</P>
<P>(2) Propose to drill at least one more appraisal well if you get a favorable assessment; and
</P>
<P>(3) Pay a fee under § 203.3.


</P>
<P>(b) You must wait at least 90 days after receiving our assessment to apply for relief under § 203.62.
</P>
<P>(c) This assessment is not binding because a complete application may contain more accurate information that does not support our original assessment. It will help you decide whether your proposed inputs for evaluating economic viability and your supporting data and assumptions are adequate.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44325, Sept. 15, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 203.62" NODE="30:2.0.1.1.2.2.9.27" TYPE="SECTION">
<HEAD>§ 203.62   How do I apply for relief?</HEAD>
<P>(a) You must send a complete application and the required fee to the BSEE Regional Director for your region.
</P>
<P>(b) Your application for royalty relief offshore Alaska or in deep water in the GOA must include an original and two copies (one set of digital information) of:
</P>
<P>(1) Administrative information report;
</P>
<P>(2) Economic viability and relief justification report;
</P>
<P>(3) G&amp;G report;
</P>
<P>(4) Engineering report;
</P>
<P>(5) Production report; and
</P>
<P>(6) Cost report.


</P>
<P>(c) Section 203.82 explains why we are authorized to require these reports.
</P>
<P>(d) Sections 203.81, 203.83, and 203.85 through 203.89 describe what these reports must include. The BSEE regional office for your region will guide you on the format for the required reports, and we encourage you to contact this office before preparing your application for this guidance.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44325, Sept. 15, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 203.63" NODE="30:2.0.1.1.2.2.9.28" TYPE="SECTION">
<HEAD>§ 203.63   Does my application have to include all leases in the field?</HEAD>
<P>(a) For authorized fields, we will accept only one joint application for all leases that are part of the designated field on the date of application, except as provided in paragraph (a)(3) of this section and § 203.64. However, we will evaluate all acreage that may eventually become part of the authorized field. Therefore, if you have any other leases that you believe may eventually be part of the authorized field, you must submit data for these leases according to § 203.81.
</P>
<P>(1) The Regional Director maintains a Field Names Master List with updates of all leases in each designated field.
</P>
<P>(2) To avoid sharing proprietary data with other lessees on the field, you may submit your proprietary G&amp;G report separately from the rest of your application. Your application is not complete until we receive all the required information for each lease on the field. We will not disclose proprietary data when explaining our assumptions and reasons for our determinations under § 203.67.
</P>
<P>(3) We will not require a joint application if you show good cause and honest effort to get all lessees in the field to participate. If you must exclude a lease from your application because its lessee will not participate, that lease is ineligible for the royalty relief for the designated field.
</P>
<P>(b) If your application seeks only relief for a development project or an expansion project, your application does not have to include all leases in the field.


</P>
</DIV8>


<DIV8 N="§ 203.64" NODE="30:2.0.1.1.2.2.9.29" TYPE="SECTION">
<HEAD>§ 203.64   How many applications may I file on a field or a development project?</HEAD>
<P>You may file one complete application for royalty relief during the life of the field or for a development project or an expansion project designed to produce a reservoir or set of reservoirs. However, you may send another application if:
</P>
<P>(a) You are eligible to apply for a redetermination under § 203.74;
</P>
<P>(b) You apply for royalty relief for an expansion project;
</P>
<P>(c) You withdraw the application before we make a determination; or
</P>
<P>(d) You apply for end-of-life royalty relief.


</P>
</DIV8>


<DIV8 N="§ 203.65" NODE="30:2.0.1.1.2.2.9.30" TYPE="SECTION">
<HEAD>§ 203.65   How long will BSEE take to evaluate my application?</HEAD>
<P>(a) We will determine within 20 working days if your application for royalty relief is complete. If your application is incomplete, we will explain in writing what it needs. If you withdraw a complete application, you may reapply.
</P>
<P>(b) We will evaluate your first application on a field within 180 days, evaluate your first application on a development project or an expansion project within 150 days and evaluate a redetermination under § 203.75 within 120 days after we determine that it is complete.
</P>
<P>(c) We may ask to extend the review period for your application under the conditions in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">Then we may . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) We need more records to audit sunk costs,</TD><TD align="left" class="gpotbl_cell">Ask to extend the 120-day or 180-day evaluation period. The extension we request will equal the number of days between when you receive our request for records and the day we receive the records.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) We cannot evaluate your application for a valid reason, such as missing vital information or inconsistent or inconclusive supporting data,</TD><TD align="left" class="gpotbl_cell">Add another 30 days. We may add more than 30 days, but only if you agree.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) We need more data, explanations, or revision,</TD><TD align="left" class="gpotbl_cell">Ask to extend the 120-day or 180-day evaluation period. The extension we request will equal the number of days between when you receive our request and the day we receive the information.</TD></TR></TABLE></DIV></DIV>
<P>(d) We may change your assumptions under § 203.62 if our technical evaluation reveals others that are more appropriate. We may consult with you before a final decision and will explain any changes.
</P>
<P>(e) We will notify all designated lease operators within a field when royalty relief is granted.


</P>
</DIV8>


<DIV8 N="§ 203.66" NODE="30:2.0.1.1.2.2.9.31" TYPE="SECTION">
<HEAD>§ 203.66   What happens if BSEE does not act in the time allowed?</HEAD>
<P>If we do not act within the timeframes established under § 203.65, you get royalty relief according to the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you apply for royalty relief for
</TH><TH class="gpotbl_colhed" scope="col">And we do not decide within the time specified,
</TH><TH class="gpotbl_colhed" scope="col">As long as you
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) An authorized field,</TD><TD align="left" class="gpotbl_cell">You get the minimum suspension volumes specified in § 203.69,</TD><TD align="left" class="gpotbl_cell">Abide by §§ 203.70 and 203.76.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) An expansion project,</TD><TD align="left" class="gpotbl_cell">You get a royalty suspension for the first year of production,</TD><TD align="left" class="gpotbl_cell">Abide by §§ 203.70 and 203.76.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) A development project,</TD><TD align="left" class="gpotbl_cell">You get a royalty suspension for initial production for the number of months that a decision is delayed beyond the stipulated timeframes set by § 203.65, plus all the royalty suspension volume for which you qualify,</TD><TD align="left" class="gpotbl_cell">Abide by §§ 203.70 and 203.76.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 203.67" NODE="30:2.0.1.1.2.2.9.32" TYPE="SECTION">
<HEAD>§ 203.67   What economic criteria must I meet to get royalty relief on an authorized field or project?</HEAD>
<P>We will not approve applications if we determine that royalty relief cannot make the field, development project, or expansion project economically viable. Your field or project must be uneconomic while you are paying royalties and must become economic with royalty relief.


</P>
</DIV8>


<DIV8 N="§ 203.68" NODE="30:2.0.1.1.2.2.9.33" TYPE="SECTION">
<HEAD>§ 203.68   What pre-application costs will BSEE consider in determining economic viability?</HEAD>
<P>(a) We will not consider ineligible costs as set forth in § 203.89(h) in determining economic viability for purposes of royalty relief.
</P>
<P>(b) We will consider sunk costs according to the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">We will . . .
</TH><TH class="gpotbl_colhed" scope="col">When determining . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Include sunk costs,</TD><TD align="left" class="gpotbl_cell">Whether a field that includes a pre-Act lease which has not produced, other than test production, before the application or redetermination submission date needs relief to become economic.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Not include sunk costs,</TD><TD align="left" class="gpotbl_cell">Whether an authorized field, a development project, or an expansion project can become economic with full relief (see § 203.67).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Not include sunk costs,</TD><TD align="left" class="gpotbl_cell">How much suspension volume is necessary to make the field, a development project, or an expansion project economic (see § 203.69(c)).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Include sunk costs for the project discovery well on each lease,</TD><TD align="left" class="gpotbl_cell">Whether a development project or an expansion project needs relief to become economic.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 203.69" NODE="30:2.0.1.1.2.2.9.34" TYPE="SECTION">
<HEAD>§ 203.69   If my application is approved, what royalty relief will I receive?</HEAD>
<P>If we approve your application, subject to certain conditions, we will not collect royalties on a specified suspension volume for your field, development project, or expansion project. Suspension volumes include volumes allocated to a lease under an approved unit agreement, but exclude any volumes of production that are not normally royalty-bearing under the lease or the regulations of this chapter (e.g., fuel gas).
</P>
<P>(a) For authorized fields, the minimum royalty-suspension volumes are:
</P>
<P>(1) 17.5 million barrels of oil equivalent (MMBOE) for fields in 200 to 400 meters of water;
</P>
<P>(2) 52.5 MMBOE for fields in 400 to 800 meters of water; and
</P>
<P>(3) 87.5 MMBOE for fields in more than 800 meters of water.
</P>
<P>(b) For development projects, any relief we grant applies only to project wells and replaces the royalty relief, if any, with which we issued your lease.
</P>
<P>(c) If your project is economic given the royalty relief with which we issued your lease, we will reject the application.
</P>
<P>(d) If the lease has earned or may earn deep gas royalty relief under §§ 203.40 through 203.49 or ultra-deep gas royalty relief under §§ 203.30 through 203.36, we will take the deep gas royalty relief or ultra-deep gas royalty relief into account in determining whether further royalty relief for a development project is necessary for production to be economic.
</P>
<P>(e) If neither paragraph (c) nor (d) of this section apply, the <I>minimum</I> royalty suspension volumes are as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For . . .
</TH><TH class="gpotbl_colhed" scope="col">The minimum royalty suspension volume


<br/>is . . .
</TH><TH class="gpotbl_colhed" scope="col">Plus . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) RS leases in the GOA or leases offshore Alaska,</TD><TD align="left" class="gpotbl_cell">A volume equal to the combined royalty suspension volumes (or the volume equivalent based on the data in your approved application for other forms of royalty suspension) with which BSEE issued the leases participating in the application that have or plan a well into a reservoir identified in the application,</TD><TD align="left" class="gpotbl_cell">10 percent of the median of the distribution of known recoverable resources upon which BSEE based approval of your application from all reservoirs included in the project.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Leases offshore Alaska or other deep water GOA leases issued in sales after November 28, 2000,</TD><TD align="left" class="gpotbl_cell">A volume equal to 10 percent of the median of the distribution of known recoverable resources upon which BSEE based approval of your application from all reservoirs included in the project.</TD><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(f) If your application includes pre-Act leases in different categories of water depth, we apply the minimum royalty suspension volume for the deepest such lease then assigned to the field. We base the water depth and makeup of a field on the water-depth delineations in the “Lease Terms and Economic Conditions” map and the “Fields Directory” documents and updates in effect at the time your application is deemed complete. These publications are available from the BSEE Gulf of America Regional Office.


</P>
<P>(g) You will get a royalty suspension volume above the minimum if we determine that you need more to make the field or development project economic.
</P>
<P>(h) For expansion projects, the minimum royalty suspension volume equals 10 percent of the median of the distribution of known recoverable resources upon which we based approval of your application from all reservoirs included in your project plus any suspension volumes required under § 203.66. If we determine that your expansion project may be economic only with more relief, we will determine and grant you the royalty suspension volume necessary to make the project economic.
</P>
<P>(i) The royalty suspension volume applicable to specific leases will continue through the end of the month in which cumulative production reaches that volume. You must calculate cumulative production from all the leases in the authorized field or project that are entitled to share the royalty suspension volume.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44325, Sept. 15, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 203.70" NODE="30:2.0.1.1.2.2.9.35" TYPE="SECTION">
<HEAD>§ 203.70   What information must I provide after BSEE approves relief?</HEAD>
<P>You must submit reports to us as indicated in the following table. Sections 203.81, 203.90, and 203.91 describe what these reports must include. The BSEE Regional Office for your region will prescribe the formats.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Required report
</TH><TH class="gpotbl_colhed" scope="col">When due to BSEE
</TH><TH class="gpotbl_colhed" scope="col">Due date extensions
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Fabricator's confirmation report.</TD><TD align="left" class="gpotbl_cell">Within 18 months after approval of relief.</TD><TD align="left" class="gpotbl_cell">BSEE Director may grant you an extension under § 203.79(c) for up to 6 months.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Post-production report.</TD><TD align="left" class="gpotbl_cell">Within 120 days after the start of production that is subject to the approved royalty suspension volume.</TD><TD align="left" class="gpotbl_cell">With acceptable justification from you, the BSEE Regional Director for your region may extend the due date up to 30 days.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 203.71" NODE="30:2.0.1.1.2.2.9.36" TYPE="SECTION">
<HEAD>§ 203.71   How does BSEE allocate a field's suspension volume between my lease and other leases on my field?</HEAD>
<P>The allocation depends on when production occurs, when we issued the lease, when we assigned it to the field, and whether we award the volume suspension by an approved application or establish it in the lease terms, as prescribed in this section.
</P>
<P>(a) If your authorized field has an approved royalty suspension volume under §§ 203.67 and 203.69, we will suspend payment of royalties on production from all leases in the field that participate in the application until their cumulative production equals the approved volume. The following conditions also apply:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">Then . . .
</TH><TH class="gpotbl_colhed" scope="col">And . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) We assign an eligible lease to your authorized field after we approve relief,</TD><TD align="left" class="gpotbl_cell">We will not change your authorized field's royalty suspension volume determined under § 203.69,</TD><TD align="left" class="gpotbl_cell">Production from the assigned eligible lease(s) counts toward the royalty suspension volume for the authorized field, but the eligible lease will not share any remaining royalty suspension volume for the authorized field after the eligible lease has produced the volume applicable under 30 CFR 560.114.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) We assign a pre-Act or post-November 2000 deep water lease to your field after we approve your application,</TD><TD align="left" class="gpotbl_cell">We will not change your field's royalty suspension volume,</TD><TD align="left" class="gpotbl_cell">The assigned lease(s) may share in any remaining royalty relief by filing the short-form application specified in § 203.83 and authorized in § 203.82. An assigned RS lease also gets any portion of its royalty suspension volume remaining even after the field has produced the approved relief volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) We assign another lease that you operate to your field while we are evaluating your application,</TD><TD align="left" class="gpotbl_cell">In our evaluation of your authorized field, we will take into account the value of any royalty relief the added lease already has under 30 CFR 560.114 or its lease document. If we find your authorized field still needs additional royalty suspension volume, that volume will be at least the combined royalty suspension volume to which all added leases on the field are entitled, or the minimum suspension volume of the authorized field, whichever is greater,</TD><TD align="left" class="gpotbl_cell">(i) You toll the time period for evaluation until you modify your application to be consistent with the newly constituted field;
<br/>(ii) We have an additional 60 days to review the new information; and
<br/>(iii) The assigned pre-Act lease or royalty suspension lease shares the royalty suspension we grant to the newly constituted field. An eligible lease does not share the royalty suspension we grant to the new field. If you do not agree to toll, we will have to reject your application due to incomplete information. Production from an assigned eligible lease counts toward the royalty suspension volume that we grant under § 203.69 for your authorized field, but you will not owe royalty on production from the eligible lease until it has produced the volume applicable under 30 CFR 560.114.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) We assign another operator's lease to your field while we are evaluating your application,</TD><TD align="left" class="gpotbl_cell">We will change your field's minimum suspension volume provided the assigned lease joins the application and is entitled to a larger minimum suspension volume,</TD><TD align="left" class="gpotbl_cell">(i) You both toll the time period for evaluation until both of you modify your application to be consistent with the new field;
<br/>(ii) We have an additional 60 days to review the new information; and
<br/>(iii) The assigned lease(s) shares the royalty suspension we grant to the new field. If you (the original applicant) do not agree to toll, the other operator's lease retains any suspension volume it has or may share in any relief that we grant by filing the short form application specified in § 203.83 and authorized in § 203.82.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) We reassign a well on a pre-Act, eligible, or royalty suspension lease from field A to field B,</TD><TD align="left" class="gpotbl_cell">The past production from the well counts toward the royalty suspension volume that we grant under § 203.69 to field B,</TD><TD align="left" class="gpotbl_cell">For any field based relief, the past production for that well will not count toward any royalty suspension volume that we grant under § 203.69 to field A. Moreover, past production from that well will count toward the royalty suspension volume applicable for the lease under 30 CFR 560.114 if the well is on an eligible lease or under 30 CFR 560.124 if the well is on a royalty suspension lease.</TD></TR></TABLE></DIV></DIV>
<P>(b) When a project has more than one lease, the royalty suspension volume for each lease equals that lease's actual production from the project (or production allocated under an approved unit agreement) until total production for all leases in the project equals the project's approved royalty suspension volume.
</P>
<P>(c) You may receive a royalty-suspension volume only if your entire lease is west of 87 degrees, 30 minutes West longitude. If the field lies on both sides of this meridian, only leases located entirely west of the meridian will receive a royalty-suspension volume.


</P>
</DIV8>


<DIV8 N="§ 203.72" NODE="30:2.0.1.1.2.2.9.37" TYPE="SECTION">
<HEAD>§ 203.72   Can my lease receive more than one suspension volume?</HEAD>
<P>Yes. You may apply for royalty relief that involves more than one suspension volume under § 203.62 in two circumstances.
</P>
<P>(a) Each field that includes your lease may receive a separate royalty-suspension volume, if it meets the evaluation criteria of § 203.67.
</P>
<P>(b) An expansion project on your lease may receive a separate royalty-suspension volume, even if we have already granted a royalty-suspension volume to the field that encompasses the project. But the reserves associated with the project must not have been part of our original determination, and the project must meet the evaluation criteria of § 203.67.


</P>
</DIV8>


<DIV8 N="§ 203.73" NODE="30:2.0.1.1.2.2.9.38" TYPE="SECTION">
<HEAD>§ 203.73   How do suspension volumes apply to natural gas?</HEAD>
<P>You must measure natural gas production under the royalty-suspension volume as follows: 5.62 thousand cubic feet of natural gas, measured in accordance with 30 CFR part 250, subpart L, equals one barrel of oil equivalent.


</P>
</DIV8>


<DIV8 N="§ 203.74" NODE="30:2.0.1.1.2.2.9.39" TYPE="SECTION">
<HEAD>§ 203.74   When will BSEE reconsider its determination?</HEAD>
<P>You may request a redetermination after we withdraw approval or after you renounce royalty relief, unless we withdraw approval due to your providing false or intentionally inaccurate information. Under certain conditions you may also request a redetermination if we deny your application or if you want your approved royalty suspension volume to change. In these instances, to be eligible for a redetermination, at least one of the following four conditions must occur.
</P>
<P>(a) You have significant new G&amp;G data and you previously have not either requested a redetermination or reapplied for relief after we withdrew approval or you relinquished royalty relief. “Significant” means that the new G&amp;G data:
</P>
<P>(1) Results from drilling new wells or getting new three-dimensional seismic data and information (but not reinterpreting old data);
</P>
<P>(2) Did not exist at the time of the earlier application; and
</P>
<P>(3) Changes your estimates of gross resource size, quality, or projected flow rates enough to materially affect the results of our earlier determination.
</P>
<P>(b) You demonstrate in your new application that the technology that most efficiently develops this field or lease was not considered or deemed feasible in the original application. Your newly proposed technology must improve the profitability, under equivalent market conditions, of the field or lease relative to the development system proposed in the prior application.
</P>
<P>(c) Your current reference price decreases by more than 25 percent from your base reference price as calculated under this paragraph.
</P>
<P>(1) Your current reference price is a weighted-average of daily closing prices on the NYMEX for light sweet crude oil and natural gas over the most recent full 12 calendar months;
</P>
<P>(2) Your base reference price is a weighted average of daily closing prices on the NYMEX for light sweet crude oil and natural gas for the full 12 calendar months preceding the date of your most recently approved application for this royalty relief; and
</P>
<P>(3) The weighting factors are the proportions of the total production volume (in BOE) for oil and gas associated with the most likely scenario (identified in §§ 203.85 and 203.88) from your most recently approved application for this royalty relief.
</P>
<P>(d) Before starting to build your development and production system, you have revised your estimated development costs, and they are more than 120 percent of the eligible development costs associated with the most likely scenario from your most recently approved application for this royalty relief.


</P>
</DIV8>


<DIV8 N="§ 203.75" NODE="30:2.0.1.1.2.2.9.40" TYPE="SECTION">
<HEAD>§ 203.75   What risk do I run if I request a redetermination?</HEAD>
<P>If you request a redetermination after we have granted you a suspension volume, you could lose some or all of the previously granted relief. This can happen because you must file a new complete application and pay the required fee, as discussed in § 203.62. We will evaluate your application under § 203.67 using the conditions prevailing at the time of your redetermination request. In our evaluation, we may find that you should receive a larger, equivalent, smaller, or no suspension volume. This means we could find that you do not qualify for the amount of relief previously granted or for any relief at all.


</P>
</DIV8>


<DIV8 N="§ 203.76" NODE="30:2.0.1.1.2.2.9.41" TYPE="SECTION">
<HEAD>§ 203.76   When might BSEE withdraw or reduce the approved size of my relief?</HEAD>
<P>We will withdraw approval of relief for any of the following reasons.
</P>
<P>(a) You change the type of development system proposed in your application (e.g., change from a fixed platform to floating production system, or from an independent development and production system to one with subsea wells tied back to a host production facility, <I>etc.</I>).
</P>
<P>(b) You do not start building the proposed development and production system within 18 months of the date we approved your application, unless the BSEE Director grants you an extension under § 203.79(c). If you start building the proposed system and then suspend its construction before completion, and you do not restart continuous building of the proposed system within 18 months of our approval, we will withdraw the relief we granted.
</P>
<P>(c) Your actual development costs are less than 80 percent of the eligible development costs estimated in your application's most likely scenario, and you do not report that fact in your post-production development report (§ 203.70). Development costs are those expenditures defined in § 203.89(b) incurred between the application submission date and start of production. If you report this fact in the post-production development report, you may retain the lesser of 50 percent of the original royalty suspension volume or 50 percent of the median of the distribution of the potentially recoverable resources anticipated in your application.
</P>
<P>(d) We granted you a royalty-suspension volume after you qualified for a redetermination under § 203.74(c), and we find out your actual development costs are less than 90 percent of the eligible development costs associated with your application's most likely scenario. Development costs are those expenditures defined in § 203.89(b) incurred between your application submission date and start of production.
</P>
<P>(e) You do not send us the fabrication confirmation report or the post-production development report, or you provide false or intentionally inaccurate information that was material to our granting royalty relief under this section. You must pay royalties and late-payment interest determined under 30 U.S.C. 1721 and 30 CFR 1218.54 on all volumes for which you used the royalty suspension. You also may be subject to penalties under other provisions of law.


</P>
</DIV8>


<DIV8 N="§ 203.77" NODE="30:2.0.1.1.2.2.9.42" TYPE="SECTION">
<HEAD>§ 203.77   May I voluntarily give up relief if conditions change?</HEAD>
<P>Yes, you may voluntarily give up relief by sending a letter to that effect to the BSEE Regional office for your region.


</P>
</DIV8>


<DIV8 N="§ 203.78" NODE="30:2.0.1.1.2.2.9.43" TYPE="SECTION">
<HEAD>§ 203.78   Do I keep relief approved by BSEE under this part for my lease, unit or project if prices rise significantly?</HEAD>
<P>If prices rise above a base price threshold for light sweet crude oil or natural gas, you must pay full royalties on production otherwise subject to royalty relief approved by BSEE under §§ 203.60-203.77 for your lease, unit or project as prescribed in this section.
</P>
<P>(a) The following table shows the base price threshold for various types of leases, subject to paragraph (b) of this section. Note that, for post-November 2000 deepwater leases in the GOA price thresholds apply on a lease basis, so different leases on the same development project or expansion project approved for royalty relief may have different price thresholds.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For . . .
</TH><TH class="gpotbl_colhed" scope="col">The base price threshold is . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Pre-Act leases in the GOA,</TD><TD align="left" class="gpotbl_cell">set by statute.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Post-November 2000 deep water leases in the GOA or leases offshore of Alaska for which the lease or Notice of Sale set a base price threshold,</TD><TD align="left" class="gpotbl_cell">indicated in your original lease agreement or, if none, those in the Notice of Sale under which your lease was issued.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Post-November 2000 deep water leases in the GOA or leases offshore of Alaska for which the lease or Notice of Sale did not set a base price threshold,</TD><TD align="left" class="gpotbl_cell">the threshold set by statute for pre-Act leases.</TD></TR></TABLE></DIV></DIV>
<P>(b) An exception may occur if we determine that the price thresholds in paragraphs (a)(2) or (a)(3) of this section mean the royalty suspension volume set under § 203.69 and in lease terms would provide inadequate encouragement to increase production or development, in which circumstance we could specify a different set of price thresholds on a case-by-case basis.
</P>
<P>(c) Suppose your base oil price threshold set under paragraph (a) is $28.00 per barrel, and the daily closing NYMEX light sweet crude oil prices for the previous calendar year exceeds $28.00 per barrel, as adjusted in paragraph (h) of this section. In this case, we retract the royalty relief authorized in this subpart and you must:
</P>
<P>(1) Pay royalties on all oil production for the previous year at the lease stipulated royalty rate plus interest (under 30 U.S.C. 1721 and 30 CFR 1218.54) by March 31 of the current calendar year, and
</P>
<P>(2) Pay royalties on all your oil production in the current year.
</P>
<P>(d) Suppose your base gas price threshold set under paragraph (a) is $3.50 per million British thermal units (Btu), and the daily closing NYMEX light sweet crude oil prices for the previous calendar year exceeds $3.50 per million Btu, as adjusted in paragraph (h) of this section. In this case, we retract the royalty relief authorized in this subpart and you must:
</P>
<P>(1) Pay royalties on all gas production for the previous year at the lease stipulated royalty rate plus interest (under 30 U.S.C. 1721 and 30 CFR 1218.54) by March 31 of the current calendar year, and
</P>
<P>(2) Pay royalties on all your gas production in the current year.
</P>
<P>(e) Production under both paragraphs (c) and (d) of this section counts as part of the royalty-suspension volume.
</P>
<P>(f) You are entitled to a refund or credit, with interest, of royalties paid on any production (that counts as part of the royalty-suspension volume):
</P>
<P>(1) Of oil if the arithmetic average of the closing prices for the current calendar year is $28.00 per barrel or less, as adjusted in paragraph (h) of this section, and
</P>
<P>(2) Of gas if the arithmetic average of the closing natural gas prices for the current calendar year is $3.50 per million Btu or less, as adjusted in paragraph (h) of this section.
</P>
<P>(g) You must follow our regulations in the Office of Natural Resources Revenue, 30 CFR chapter XII, for receiving refunds or credits.
</P>
<P>(h) We change the prices referred to in paragraphs (c), (d), and (f) of this section periodically. For pre-Act leases, these prices change during each calendar year after 1994 by the percentage that the implicit price deflator for the gross domestic product changed during the preceding calendar year. For post-November 2000 deepwater leases, these prices change as indicated in the lease instrument or in the Notice of Sale under which we issued the lease.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44326, Sept. 15, 2025]






</CITA>
</DIV8>


<DIV8 N="§ 203.79" NODE="30:2.0.1.1.2.2.9.44" TYPE="SECTION">
<HEAD>§ 203.79   How do I appeal BSEE's decisions related to royalty relief for a deepwater lease or a development or expansion project?</HEAD>
<P>(a) Once we have designated your lease as part of a field and notified you and other affected operators of the designation, you can request reconsideration by sending the BSEE Director a letter within 15 days that also states your reasons. The BSEE Director's response is the final agency action.
</P>
<P>(b) Our decisions on your application for relief from paying royalty under § 203.67 and the royalty-suspension volumes under § 203.69 are final agency actions.
</P>
<P>(c) If you cannot start construction by the deadline in § 203.76(b) for reasons beyond your control (e.g., strike at the fabrication yard), you may request an extension up to 1 year by writing the BSEE Director and stating your reasons. The BSEE Director's response is the final agency action.
</P>
<P>(d) We will notify you of all final agency actions by certified mail, return receipt requested. Final agency actions are not subject to appeal to the Interior Board of Land Appeals under 30 CFR part 290 and 43 CFR part 4. They are judicially reviewable under section 10(a) of the Administrative Procedure Act (5 U.S.C. 702) <I>only</I> if you file an action within 30 days of the date you receive our decision.


</P>
</DIV8>


<DIV8 N="§ 203.80" NODE="30:2.0.1.1.2.2.9.45" TYPE="SECTION">
<HEAD>§ 203.80   When can I get royalty relief if I am not eligible for royalty relief under other sections in the subpart?</HEAD>
<P>We may grant royalty relief when it serves the statutory purposes summarized in § 203.1 and our formal relief programs, including but not limited to the applicable levels of the royalty suspension volumes and price thresholds, provide inadequate encouragement to promote development or increase production. Unless your lease lies offshore of Alaska or wholly west of 87 degrees, 30 minutes West longitude in the GOA, your lease must be producing to qualify for relief. Before you may apply for royalty relief apart from our programs for end-of-life leases or for pre-Act deep water leases and development and expansion projects, we must agree that your lease or project has two or more of the following characteristics:


</P>
<P>(a) The lease has produced for a substantial period and the lessee can recover significant additional resources. Significant additional resources mean enough to allow production for at least a year more than would be profitable without royalty relief.
</P>
<P>(b) Valuable facilities (e.g., a platform or pipeline that would be removed upon lease relinquishment) exist that we do not expect a successor lessee to use. If the facilities are located off the lease, their preservation must depend on continued production from the lease applying for royalty relief. We will only consider an allocable share of costs for off-lease facilities in the relief application.
</P>
<P>(c) A substantial risk exists that no new lessee will recover the resources.
</P>
<P>(d) The lessee made major efforts to reduce operating costs too recently to use the formal program for royalty relief (e.g., recent significant change in operations).
</P>
<P>(e) Circumstances beyond the lessee's control, other than water depth, preclude reliance on one of the existing royalty relief programs.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44326, Sept. 15, 2025]






</CITA>
</DIV8>

</DIV7>


<DIV7 N="10" NODE="30:2.0.1.1.2.2.10" TYPE="SUBJGRP">
<HEAD>Required Reports</HEAD>


<DIV8 N="§ 203.81" NODE="30:2.0.1.1.2.2.10.46" TYPE="SECTION">
<HEAD>§ 203.81   What supplemental reports do royalty-relief applications require?</HEAD>
<P>(a) You must send us the supplemental reports, indicated in the following table by an X, that apply to your field. Sections 203.83 through 203.91 describe these reports in detail.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Required reports
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">End-of-life lease
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Deep water
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Expansion project
</TH><TH class="gpotbl_colhed" scope="col">Pre-act lease
</TH><TH class="gpotbl_colhed" scope="col">Development project
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Administrative information Report</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Net revenue &amp; relief justification report</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Economic viability &amp; relief justification report (RSVP model inputs justified by other required reports)</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) G&amp;G report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Engineering report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Production report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Deep water cost report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Fabricator's confirmation report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Post-production development report</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD><TD align="center" class="gpotbl_cell">X</TD></TR></TABLE></DIV></DIV>
<P>(b) You must certify that all information in your application, fabricator's confirmation and post-production development reports is accurate, complete, and conforms to the most recent content and presentation guidelines available from the BSEE Regional office for your region.
</P>
<P>(c) With your application and post-production development report, you must submit an additional report prepared by an independent CPA that:
</P>
<P>(1) Assesses the accuracy of the historical financial information in your report; and
</P>
<P>(2) Certifies that the content and presentation of the financial data and information conform to our most recent guidelines on royalty relief. This means the data and information must:
</P>
<P>(i) Include only eligible costs that are incurred during the qualification months; and
</P>
<P>(ii) Be shown in the proper format.
</P>
<P>(d) You must identify the people in the CPA firm who prepared the reports referred to in paragraph (c) of this section and make them available to us to respond to questions about the historical financial information. We may also further review your records to support this information.


</P>
</DIV8>


<DIV8 N="§ 203.82" NODE="30:2.0.1.1.2.2.10.47" TYPE="SECTION">
<HEAD>§ 203.82   What is BSEE's authority to collect this information?</HEAD>
<P>The Office of Management and Budget (OMB) approved the information collection requirements in part 203 under 44 U.S.C. 3501 <I>et seq.,</I> and assigned OMB control number 1010-0071.
</P>
<P>(a) We use the information to determine whether royalty relief will result in production that wouldn't otherwise occur. We rely largely on your information to make these determinations.
</P>
<P>(1) Your application for royalty relief must contain enough information on finances, economics, reservoirs, G&amp;G characteristics, production, and engineering estimates for us to determine whether:
</P>
<P>(i) We should grant relief under the law, and
</P>
<P>(ii) The requested relief will ultimately recover more resources and return a reasonable profit on project investments.
</P>
<P>(2) Your fabricator confirmation and post-production development reports must contain enough information for us to verify that your application reasonably represented your plans.
</P>
<P>(b) Applicants (respondents) are Federal OCS oil and gas lessees. Applications are required to obtain or retain a benefit. Therefore, if you apply for royalty relief, you must provide this information. We will protect information considered proprietary under applicable law and under regulations at § 203.63 and 30 CFR part 250.
</P>
<P>(c) The Paperwork Reduction Act of 1995 requires us to inform you that we may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36148, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 203.83" NODE="30:2.0.1.1.2.2.10.48" TYPE="SECTION">
<HEAD>§ 203.83   What is in an administrative information report?</HEAD>
<P>This report identifies the field or lease for which royalty relief is requested and must contain the following items:
</P>
<P>(a) The field or lease name;
</P>
<P>(b) The serial number of leases we have assigned to the field, names of the lease title holders of record, the lease operators, and whether any lease is part of a unit;
</P>
<P>(c) Well number, API number, location, and status of each well that has been drilled on the field or lease or project (not required for non-oil and gas leases);
</P>
<P>(d) The location of any new wells proposed under the terms of the application (not required for non-oil and gas leases);
</P>
<P>(e) A description of field or lease history;
</P>
<P>(f) Full information as to whether you will pay royalties or a share of production to anyone other than the United States, the amount you will pay, and how much you will reduce this payment if we grant relief;
</P>
<P>(g) The type of royalty relief you are requesting;
</P>
<P>(h) Confirmation that BOEM approved a DOCD or supplemental DOCD (Deep Water expansion project applications only); and
</P>
<P>(i) A narrative description of the development activities associated with the proposed capital investments and an explanation of proposed timing of the activities and the effect on production (Deep Water applications only).


</P>
</DIV8>


<DIV8 N="§ 203.84" NODE="30:2.0.1.1.2.2.10.49" TYPE="SECTION">
<HEAD>§ 203.84   What is in a net revenue and relief justification report?</HEAD>
<P>This report presents cash flow data for 12 qualifying months, using the format specified in the “Guidelines for the Application, Review, Approval, and Administration of Royalty Relief for End-of-Life Leases”, U.S. Department of the Interior, BSEE. Qualifying months for an oil and gas lease are the most recent 12 months out of the last 15 months that you produced at least 100 BOE per day on average. Qualifying months for other than oil and gas leases are the most recent 12 of the last 15 months having some production.
</P>
<P>(a) The cash flow table you submit must include historical data for:
</P>
<P>(1) Lease production subject to royalty;
</P>
<P>(2) Total revenues;
</P>
<P>(3) Royalty payments out of production;
</P>
<P>(4) Total allowable costs; and
</P>
<P>(5) Transportation and processing costs.
</P>
<P>(b) Do not include in your cash flow table the non-allowable costs listed at 30 CFR 1220.013 or:
</P>
<P>(1) OCS rental payments on the lease(s) in the application;
</P>
<P>(2) Damages and losses;
</P>
<P>(3) Taxes;
</P>
<P>(4) Any costs associated with exploratory activities;
</P>
<P>(5) Civil or criminal fines or penalties;
</P>
<P>(6) Fees for your royalty relief application; and
</P>
<P>(7) Costs associated with existing obligations (e.g., royalty overrides or other forms of payment for acquiring the lease, depreciation on previously acquired equipment or facilities).
</P>
<P>(c) We may, in reviewing and evaluating your application, disallow costs when you have not shown they are necessary to operate the lease, or if they are inconsistent with end-of-life operations.


</P>
</DIV8>


<DIV8 N="§ 203.85" NODE="30:2.0.1.1.2.2.10.50" TYPE="SECTION">
<HEAD>§ 203.85   What is in an economic viability and relief justification report?</HEAD>
<P>This report should show that your project appears economic without royalties and sunk costs using the RSVP model we provide. The format of the report and the assumptions and parameters we specify are found in the “Guidelines for the Application, Review, Approval and Administration of the Deep Water Royalty Relief Program,” U.S. Department of the Interior, BSEE. Clearly justify each parameter you set in every scenario you specify in the RSVP. You may provide supplemental information, including your own model and results. The economic viability and relief justification report must contain the following items for an oil and gas lease.
</P>
<P>(a) Economic assumptions we provide which include:
</P>
<P>(1) Starting oil and gas prices;
</P>
<P>(2) Real price growth;
</P>
<P>(3) Real cost growth or decline rate, if any;
</P>
<P>(4) Base year;
</P>
<P>(5) Range of discount rates; and
</P>
<P>(6) Tax rate (for use in determining after-tax sunk costs).
</P>
<P>(b) Analysis of projected cash flow (from the date of the application using annual totals and constant dollar values) which shows:
</P>
<P>(1) Oil and gas production;
</P>
<P>(2) Total revenues;
</P>
<P>(3) Capital expenditures;
</P>
<P>(4) Operating costs;
</P>
<P>(5) Transportation costs; and
</P>
<P>(6) Before-tax net cash flow without royalties, overrides, sunk costs, and ineligible costs.
</P>
<P>(c) Discounted values which include:
</P>
<P>(1) Discount rate used (selected from within the range we specify).
</P>
<P>(2) Before-tax net present value without royalties, overrides, sunk costs, and ineligible costs.
</P>
<P>(d) Demonstrations that:
</P>
<P>(1) All costs, gross production, and scheduling are consistent with the data in the G&amp;G, engineering, production, and cost reports (§§ 203.86 through 203.89) and
</P>
<P>(2) The development and production scenarios provided in the various reports are consistent with each other and with the proposed development system. You can use up to three scenarios (conservative, most likely, and optimistic), but you must link each to a specific range on the distribution of resources from the RSVP Resource Module.


</P>
</DIV8>


<DIV8 N="§ 203.86" NODE="30:2.0.1.1.2.2.10.51" TYPE="SECTION">
<HEAD>§ 203.86   What is in a G&amp;G report?</HEAD>
<P>This report supports the reserve and resource estimates used in the economic evaluation and must contain each of the following elements.
</P>
<P>(a) Seismic data which includes:
</P>
<P>(1) Non-interpreted 2D/3D survey lines reflecting any available state-of-the-art processing technique in a format readable by BSEE and specified by the deep water royalty relief guidelines;
</P>
<P>(2) Interpreted 2D/3D seismic survey lines reflecting any available state-of-the-art processing technique identifying all known and prospective pay horizons, wells, and fault cuts;
</P>
<P>(3) Digital velocity surveys in the format of the GOA region's letter to lessees of 10/1/90;
</P>
<P>(4) Plat map of “shot points;” and
</P>
<P>(5) “Time slices” of potential horizons.


</P>
<P>(b) Well data which includes:
</P>
<P>(1) Hard copies of all well logs in which—
</P>
<P>(i) The 1-inch electric log shows pay zones and pay counts and lithologic and paleo correlation markers at least every 500-feet,
</P>
<P>(ii) The 1-inch type log shows missing sections from other logs where faulting occurs,
</P>
<P>(iii) The 5-inch electric log shows pay zones and pay counts and labeled points used in establishing resistivity of the formation, 100 percent water saturated (R<E T="52">o</E>) and the resistivity of the undisturbed formation (R<E T="52">t</E>), and
</P>
<P>(iv) The 5-inch porosity logs show pay zones and pay counts and labeled points used in establishing reservoir porosity or labeled points showing values used in calculating reservoir porosity such as bulk density or transit time;
</P>
<P>(2) Digital copies of all well logs spudded before December 1, 1995;
</P>
<P>(3) Core data, if available;
</P>
<P>(4) Well correlation sections;
</P>
<P>(5) Pressure data;
</P>
<P>(6) Production test results;
</P>
<P>(7) Pressure-volume-temperature analysis, if available; and
</P>
<P>(8) A table listing the wells and completions, and indicating which sands and fault blocks will be targeted for completion or recompletion.
</P>
<P>(c) Map interpretations which includes for each reservoir in the field:
</P>
<P>(1) Structure maps consisting of top and base of sand maps showing well and seismic shot point locations;
</P>
<P>(2) Isopach maps for net sand, net oil, net gas, all with well locations;
</P>
<P>(3) Maps indicating well surface and bottom hole locations, location of development facilities, and shot points; and
</P>
<P>(4) An explanation for excluding the reservoirs you are not planning to develop.
</P>
<P>(d) Reservoir-specific data which includes:
</P>
<P>(1) Probability of reservoir occurrence with hydrocarbons;
</P>
<P>(2) Probability the hydrocarbon in the reservoir is all oil and the probability it is all gas;
</P>
<P>(3) Distributions or point estimates (accompanied by explanations of why distributions less appropriately reflect the uncertainty) for the parameters used to estimate reservoir size, <I>i.e.,</I> acres and net thickness;
</P>
<P>(4) Most likely values for porosity, salt water saturation, volume factor for oil formation, and volume factor for gas formation;
</P>
<P>(5) Distributions or point estimates (accompanied by explanations of why distributions less appropriately reflect the uncertainty) for recovery efficiency (in percent) and oil or gas recovery (in stock-tank-barrels per acre-foot or in thousands of cubic feet per acre foot);
</P>
<P>(6) A gas/oil ratio distribution or point estimate (accompanied by explanations of why distributions less appropriately reflect the uncertainty) for each reservoir;
</P>
<P>(7) A yield distribution or point estimate (accompanied by explanations of why distributions less appropriately reflect the uncertainty) for each gas reservoir; and
</P>
<P>(8) Reserve or resource distribution by reservoir.
</P>
<P>(e) Aggregated reserve and resource data which includes:
</P>
<P>(1) The aggregated distributions for reserves and resources (in BOE) and oil fraction for your field computed by the resource module of our RSVP model;
</P>
<P>(2) A description of anticipated hydrocarbon quality (<I>i.e.,</I> specific gravity); and
</P>
<P>(3) The ranges within the aggregated distribution for reserves and resources that define the development and production scenarios presented in the engineering and production reports. Typically there will be three ranges specified by two positive reserve and resource points on the aggregated distribution. The range at the low end of the distribution will be associated with the conservative development and production scenario; the middle range will be related to the most likely development and production scenario; and, the high end range will be consistent with the optimistic development and production scenario.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44326, Sept. 15, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 203.87" NODE="30:2.0.1.1.2.2.10.52" TYPE="SECTION">
<HEAD>§ 203.87   What is in an engineering report?</HEAD>
<P>This report defines the development plan and capital requirements for the economic evaluation and must contain the following elements.
</P>
<P>(a) A description of the development concept (e.g., tension leg platform, fixed platform, floater type, subsea tieback, <I>etc.</I>) which includes:
</P>
<P>(1) Its size along with basic design specifications and drawings; and
</P>
<P>(2) The construction schedule.
</P>
<P>(b) An identification of planned wells which includes:
</P>
<P>(1) The number;
</P>
<P>(2) The type (platform, subsea, vertical, deviated, horizontal);
</P>
<P>(3) The well depth;
</P>
<P>(4) The drilling schedule;
</P>
<P>(5) The kind of completion (single, dual, horizontal, <I>etc.</I>); and
</P>
<P>(6) The completion schedule.
</P>
<P>(c) A description of the production system equipment which includes:
</P>
<P>(1) The production capacity for oil and gas and a description of limiting component(s);
</P>
<P>(2) Any unusual problems (low gravity, paraffin, <I>etc.</I>);
</P>
<P>(3) All subsea structures;
</P>
<P>(4) All flowlines; and
</P>
<P>(5) Schedule for installing the production system.
</P>
<P>(d) A discussion of any plans for multi-phase development which includes the conceptual basis for developing in phases and goals or milestones required for starting later phases.
</P>
<P>(e) A set of development scenarios consisting of activity timing and scale associated with each of up to three production profiles (conservative, most likely, optimistic) provided in the production report for your field (§ 203.88). Each development scenario and production profile must denote the likely events should the field size turn out to be within a range represented by one of the three segments of the field size distribution. If you send in fewer than three scenarios, you must explain why fewer scenarios are more efficient across the whole field size distribution.


</P>
</DIV8>


<DIV8 N="§ 203.88" NODE="30:2.0.1.1.2.2.10.53" TYPE="SECTION">
<HEAD>§ 203.88   What is in a production report?</HEAD>
<P>This report supports your development and production timing and product quality expectations and must contain the following elements.
</P>
<P>(a) Production profiles by well completion and field that specify the actual and projected production by year for each of the following products: oil, condensate, gas, and associated gas. The production from each profile must be consistent with a specific level of reserves and resources on the aggregated distribution of field size.
</P>
<P>(b) Production drive mechanisms for each reservoir.


</P>
</DIV8>


<DIV8 N="§ 203.89" NODE="30:2.0.1.1.2.2.10.54" TYPE="SECTION">
<HEAD>§ 203.89   What is in a cost report?</HEAD>
<P>This report lists all actual and projected costs for your field, must explain and document the source of each cost estimate, and must identify the following elements.
</P>
<P>(a) <I>Sunk costs.</I> Report sunk costs in dollars not adjusted for inflation and only if you have documentation.
</P>
<P>(b) <I>Appraisal, delineation and development costs.</I> Base them on actual spending, current authorization for expenditure, engineering estimates, or analogous projects. These costs cover:
</P>
<P>(1) Platform well drilling and average depth;
</P>
<P>(2) Platform well completion;
</P>
<P>(3) Subsea well drilling and average depth;
</P>
<P>(4) Subsea well completion;
</P>
<P>(5) Production system (platform); and
</P>
<P>(6) Flowline fabrication and installation.
</P>
<P>(c) <I>Production costs based on historical costs, engineering estimates, or analogous projects.</I> These costs cover:
</P>
<P>(1) Operation;
</P>
<P>(2) Equipment; and
</P>
<P>(3) Existing royalty overrides (we will not use the royalty overrides in evaluations).
</P>
<P>(d) <I>Transportation costs, based on historical costs, engineering estimates, or analogous projects.</I> These costs cover:
</P>
<P>(1) Oil or gas tariffs from pipeline or tankerage;
</P>
<P>(2) Trunkline and tieback lines; and
</P>
<P>(3) Gas plant processing for natural gas liquids.
</P>
<P>(e) <I>Abandonment costs, based on historical costs, engineering estimates, or analogous projects.</I> You should provide the costs to plug and abandon only wells and to remove only production systems for which you have not incurred costs as of the time of application submission. You should also include a point estimate or distribution of prospective salvage value for all potentially reusable facilities and materials, along with the source and an explanation of the figures provided.
</P>
<P>(f) <I>A set of cost estimates consistent with each one of up to three field-development scenarios and production profiles (conservative, most likely, optimistic).</I> You should express costs in constant real dollar terms for the base year. You may also express the uncertainty of each cost estimate with a minimum and maximum percentage of the base value.
</P>
<P>(g) <I>A spending schedule.</I> You should provide costs for each year (in real dollars) for each category in paragraphs (a) through (f) of this section.
</P>
<P>(h) <I>A summary of other costs which are ineligible for evaluating your need for relief.</I> These costs cover:
</P>
<P>(1) Expenses before first discovery on the field;
</P>
<P>(2) Cash bonuses;
</P>
<P>(3) Fees for royalty relief applications;
</P>
<P>(4) Lease rentals, royalties, and payments of net profit share and net revenue share;
</P>
<P>(5) Legal expenses;
</P>
<P>(6) Damages and losses;
</P>
<P>(7) Taxes;
</P>
<P>(8) Interest or finance charges, including those embedded in equipment leases;
</P>
<P>(9) Fines or penalties; and
</P>
<P>(10) Money spent on previously existing obligations (e.g., royalty overrides or other forms of payment for acquiring a financial position in a lease, expenditures for plugging wells and removing and abandoning facilities that existed on the application submission date).


</P>
</DIV8>


<DIV8 N="§ 203.90" NODE="30:2.0.1.1.2.2.10.55" TYPE="SECTION">
<HEAD>§ 203.90   What is in a fabricator's confirmation report?</HEAD>
<P>This report shows you have committed in a timely way to the approved system for production. This report must include the following (or its equivalent for unconventionally acquired systems):
</P>
<P>(a) A copy of the contract(s) under which the fabrication yard is building the approved system for you;
</P>
<P>(b) A letter from the contractor building the system to the BSEE Regional Director for your region certifying when construction started on your system; and
</P>
<P>(c) Evidence of an appropriate down payment or equal action that you've started acquiring the approved system.


</P>
</DIV8>


<DIV8 N="§ 203.91" NODE="30:2.0.1.1.2.2.10.56" TYPE="SECTION">
<HEAD>§ 203.91   What is in a post-production development report?</HEAD>
<P>For each cost category in the deep water cost report, you must compare actual costs up to the date when production starts to your planned pre-production costs. If your application included more than one development scenario, you need to compare actual costs with those in your scenario of most likely development. Also, you must have this report certified by an independent CPA according to § 203.81(c).


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="C" NODE="30:2.0.1.1.2.3" TYPE="SUBPART">
<HEAD>Subpart C—Federal and Indian Oil [Reserved]</HEAD>

</DIV6>


<DIV6 N="D" NODE="30:2.0.1.1.2.4" TYPE="SUBPART">
<HEAD>Subpart D—Federal and Indian Gas [Reserved]</HEAD>

</DIV6>


<DIV6 N="E" NODE="30:2.0.1.1.2.5" TYPE="SUBPART">
<HEAD>Subpart E—Solid Minerals, General [Reserved]</HEAD>

</DIV6>


<DIV6 N="F" NODE="30:2.0.1.1.2.6" TYPE="SUBPART">
<HEAD>Subpart F [Reserved]</HEAD>

</DIV6>


<DIV6 N="G" NODE="30:2.0.1.1.2.7" TYPE="SUBPART">
<HEAD>Subpart G—Other Solid Minerals [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:2.0.1.1.2.8" TYPE="SUBPART">
<HEAD>Subpart H—Geothermal Resources [Reserved]</HEAD>

</DIV6>


<DIV6 N="I" NODE="30:2.0.1.1.2.9" TYPE="SUBPART">
<HEAD>Subpart I—OCS Sulfur [Reserved]</HEAD>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="B" NODE="30:2.0.1.2" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER B—OFFSHORE


</HEAD>

<DIV5 N="250" NODE="30:2.0.1.2.3" TYPE="PART">
<HEAD>PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF


</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1751, 31 U.S.C. 9701, 33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334.


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.</PSPACE></EDNOTE>

<DIV6 N="A" NODE="30:2.0.1.2.3.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV7 N="69" NODE="30:2.0.1.2.3.1.69" TYPE="SUBJGRP">
<HEAD>Authority and Definition of Terms</HEAD>


<DIV8 N="§ 250.101" NODE="30:2.0.1.2.3.1.69.1" TYPE="SECTION">
<HEAD>§ 250.101   Authority and applicability.</HEAD>
<P>The Secretary of the Interior (Secretary) authorized the Bureau of Safety and Environmental Enforcement (BSEE) to regulate oil, gas, and sulphur exploration, development, and production operations on the Outer Continental Shelf (OCS). Under the Secretary's authority, the Director requires that all operations:
</P>
<P>(a) Be conducted according to the OCS Lands Act (OCSLA), the regulations in this part, BSEE orders, the lease or right-of-way, and other applicable laws, regulations, and amendments; and
</P>
<P>(b) Conform to sound conservation practice to preserve, protect, and develop mineral resources of the OCS to:
</P>
<P>(1) Make resources available to meet the Nation's energy needs;
</P>
<P>(2) Balance orderly energy resource development with protection of the human, marine, and coastal environments;
</P>
<P>(3) Ensure the public receives a fair and equitable return on the resources of the OCS;
</P>
<P>(4) Preserve and maintain free enterprise competition; and
</P>
<P>(5) Minimize or eliminate conflicts between the exploration, development, and production of oil and natural gas and the recovery of other resources.


</P>
</DIV8>


<DIV8 N="§ 250.102" NODE="30:2.0.1.2.3.1.69.2" TYPE="SECTION">
<HEAD>§ 250.102   What does this part do?</HEAD>
<P>(a) This part 250 contains the regulations of the BSEE Offshore program that govern oil, gas, and sulphur exploration, development, and production operations on the OCS. When you conduct operations on the OCS, you must submit requests, applications, and notices, or provide supplemental information for BSEE approval.
</P>
<P>(b) The following table of general references shows where to look for information about these processes.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For information about . . .
</TH><TH class="gpotbl_colhed" scope="col">Refer to . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Applications for permit to drill,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart D.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Development and Production Plans (DPP),</TD><TD align="left" class="gpotbl_cell">30 CFR part 550, subpart B.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Downhole commingling,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart K.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Exploration Plans (EP),</TD><TD align="left" class="gpotbl_cell">30 CFR part 550, subpart B.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Flaring,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart K.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Gas measurement,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart L.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Off-lease geological and geophysical permits,</TD><TD align="left" class="gpotbl_cell">30 CFR part 551.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Oil spill financial responsibility coverage,</TD><TD align="left" class="gpotbl_cell">30 CFR part 553.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Oil and gas production safety systems,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart H.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Oil spill response plans,</TD><TD align="left" class="gpotbl_cell">30 CFR part 254.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Oil and gas well-completion operations,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Oil and gas well-workover operations,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart F.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Decommissioning Activities,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart Q.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) Platforms and structures,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart I.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) Pipelines and Pipeline Rights-of-Way,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart J and 30 CFR part 550, subpart J.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) Sulphur operations,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart P.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(17) Training,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart O.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(18) Unitization,</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart M.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(19) Safety and Environmental Management Systems (SEMS),</TD><TD align="left" class="gpotbl_cell">30 CFR part 250, subpart S.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 36148, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.103" NODE="30:2.0.1.2.3.1.69.3" TYPE="SECTION">
<HEAD>§ 250.103   Where can I find more information about the requirements in this part?</HEAD>
<P>BSEE may issue Notices to Lessees and Operators (NTLs) that clarify, supplement, or provide more detail about certain requirements. NTLs may also outline what you must provide as required information in your various submissions to BSEE.


</P>
</DIV8>


<DIV8 N="§ 250.104" NODE="30:2.0.1.2.3.1.69.4" TYPE="SECTION">
<HEAD>§ 250.104   How may I appeal a decision made under BSEE regulations?</HEAD>
<P>To appeal orders or decisions issued under BSEE regulations in 30 CFR parts 250 to 282, follow the procedures in 30 CFR part 290.


</P>
</DIV8>


<DIV8 N="§ 250.105" NODE="30:2.0.1.2.3.1.69.5" TYPE="SECTION">
<HEAD>§ 250.105   Definitions.</HEAD>
<P>Terms used in this part will have the meanings given in the Act and as defined in this section:
</P>
<P><I>Act</I> means the OCS Lands Act, as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Affected State</I> means with respect to any program, plan, lease sale, or other activity proposed, conducted, or approved under the provisions of the Act, any State:
</P>
<P>(1) The laws of which are declared, under section 4(a)(2) of the Act, to be the law of the United States for the portion of the OCS on which such activity is, or is proposed to be, conducted;
</P>
<P>(2) Which is, or is proposed to be, directly connected by transportation facilities to any artificial island or installation or other device permanently or temporarily attached to the seabed;
</P>
<P>(3) Which is receiving, or according to the proposed activity, will receive oil for processing, refining, or transshipment that was extracted from the OCS and transported directly to such State by means of vessels or by a combination of means including vessels;
</P>
<P>(4) Which is designated by the Secretary as a State in which there is a substantial probability of significant impact on or damage to the coastal, marine, or human environment, or a State in which there will be significant changes in the social, governmental, or economic infrastructure, resulting from the exploration, development, and production of oil and gas anywhere on the OCS; or
</P>
<P>(5) In which the Secretary finds that because of such activity there is, or will be, a significant risk of serious damage, due to factors such as prevailing winds and currents to the marine or coastal environment in the event of any oil spill, blowout, or release of oil or gas from vessels, pipelines, or other transshipment facilities.
</P>
<P><I>Air pollutant</I> means any airborne agent or combination of agents for which the Environmental Protection Agency (EPA) has established, under section 109 of the Clean Air Act, national primary or secondary ambient air quality standards.
</P>
<P><I>Analyzed geological information</I> means data collected under a permit or a lease that have been analyzed. Analysis may include, but is not limited to, identification of lithologic and fossil content, core analysis, laboratory analyses of physical and chemical properties, well logs or charts, results from formation fluid tests, and descriptions of hydrocarbon occurrences or hazardous conditions.
</P>
<P><I>Ancillary activities</I> mean those activities on your lease or unit that you:
</P>
<P>(1) Conduct to obtain data and information to ensure proper exploration or development of your lease or unit; and
</P>
<P>(2) Can conduct without Bureau of Ocean Energy Management (BOEM) approval of an application or permit.
</P>
<P><I>Archaeological interest</I> means capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation.
</P>
<P><I>Archaeological resource</I> means any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest.
</P>
<P><I>Arctic OCS</I> means the Beaufort Sea and Chukchi Sea Planning Areas (for more information on these areas, <I>see</I> the Proposed Final OCS Oil and Gas Leasing Program for 2012-2017 (June 2012) at <I>http://www.boem.gov/Oil-and-Gas-Energy-Program/Leasing/Five-Year-Program/2012-2017/Program-Area-Maps/index.aspx</I>).
</P>
<P><I>Arctic OCS conditions</I> means, for the purposes of this part, the conditions operators can reasonably expect during operations on the Arctic OCS. Such conditions, depending on the time of year, include, but are not limited to: Extreme cold, freezing spray, snow, extended periods of low light, strong winds, dense fog, sea ice, strong currents, and dangerous sea states. Remote location, relative lack of infrastructure, and the existence of subsistence hunting and fishing areas are also characteristic of the Arctic region.
</P>
<P><I>Attainment area</I> means, for any air pollutant, an area that is shown by monitored data or that is calculated by air quality modeling (or other methods determined by the Administrator of EPA to be reliable) not to exceed any primary or secondary ambient air quality standards established by EPA.
</P>
<P><I>Best available and safest technology (BAST)</I> means the best available and safest technologies that the BSEE Director determines to be economically feasible wherever failure of equipment would have a significant effect on safety, health, or the environment.
</P>
<P><I>Best available control technology (BACT)</I> means an emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation, taking into account energy, environmental and economic impacts, and other costs. The Regional Supervisor will verify the BACT on a case-by-case basis, and it may include reductions achieved through the application of processes, systems, and techniques for the control of each air pollutant.
</P>
<P><I>BOP systems and related equipment</I> includes all pressure controlling and pressure containing well control equipment that may or will be exposed to the well's MASP during drilling, completion, workover, intervention, or abandonment. Well control equipment includes equipment that is installed for the purpose of pressure control and pressure containment when it becomes necessary to physically enter a well bore during drilling, completion, workover, intervention, or abandonment modes of operation.


</P>
<P><I>Cap and flow system</I> means an integrated suite of equipment and vessels, including a capping stack and associated flow lines, that, when installed or positioned, is used to control the flow of fluids escaping from the well by conveying the fluids to the surface to a vessel or facility equipped to process the flow of oil, gas, and water. A cap and flow system is a high pressure system that includes the capping stack and piping necessary to convey the flowing fluids through the choke manifold to the surface equipment.
</P>
<P><I>Capping stack</I> means a mechanical device, including one that is pre-positioned, that can be installed on top of a subsea or surface wellhead or blowout preventer to stop the uncontrolled flow of fluids into the environment.
</P>
<P><I>Coastal environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone.
</P>
<P><I>Coastal zone</I> means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder) strongly influenced by each other and in proximity to the shorelands of the several coastal States. The coastal zone includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches. The coastal zone extends seaward to the outer limit of the U.S. territorial sea and extends inland from the shorelines to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by the several coastal States, under the authority in section 305(b)(1) of the Coastal Zone Management Act (CZMA) of 1972.
</P>
<P><I>Competitive reservoir</I> means a reservoir in which there are one or more producible or producing well completions on each of two or more leases or portions of leases, with different lease operating interests, from which the lessees plan future production.
</P>
<P><I>Containment dome</I> means a non-pressurized container that can be used to collect fluids escaping from the well or equipment below the sea surface or from seeps by suspending the device over the discharge or seep location. The containment dome includes all of the equipment necessary to capture and convey fluids to the surface.
</P>
<P><I>Correlative rights</I> when used with respect to lessees of adjacent leases, means the right of each lessee to be afforded an equal opportunity to explore for, develop, and produce, without waste, minerals from a common source.
</P>
<P><I>Data</I> means facts and statistics, measurements, or samples that have not been analyzed, processed, or interpreted.
</P>
<P><I>Departures</I> mean approvals granted by the appropriate BSEE or BOEM representative for operating requirements/procedures other than those specified in the regulations found in this part. These requirements/procedures may be necessary to control a well; properly develop a lease; conserve natural resources, or protect life, property, or the marine, coastal, or human environment.
</P>
<P><I>Development</I> means those activities that take place following discovery of minerals in paying quantities, including but not limited to geophysical activity, drilling, platform construction, and operation of all directly related onshore support facilities, and which are for the purpose of producing the minerals discovered.
</P>
<P><I>Development geological and geophysical (G&amp;G) activities</I> mean those G&amp;G and related data-gathering activities on your lease or unit that you conduct following discovery of oil, gas, or sulphur in paying quantities to detect or imply the presence of oil, gas, or sulphur in commercial quantities.
</P>
<P><I>Director</I> means the Director of BSEE of the U.S. Department of the Interior, or an official authorized to act on the Director's behalf.
</P>
<P><I>District Manager</I> means the BSEE officer with authority and responsibility for operations or other designated program functions for a district within a BSEE Region. For activities on the Alaska OCS, any reference in this part to District Manager means the BSEE Regional Supervisor.
</P>
<P><I>Eastern Gulf of America</I> means all OCS areas of the Gulf of America the BOEM Director decides are adjacent to the State of Florida. The Eastern Gulf of America-is not the same as the Eastern Planning Area, an area established for OCS lease sales.
</P>
<P><I>Emission offsets</I> mean emission reductions obtained from facilities, either onshore or offshore, other than the facility or facilities covered by the proposed Exploration Plan (EP) or Development and Production Plan (DPP).
</P>
<P><I>Enhanced recovery operations</I> mean pressure maintenance operations, secondary and tertiary recovery, cycling, and similar recovery operations that alter the natural forces in a reservoir to increase the ultimate recovery of oil or gas.
</P>
<P><I>Existing facility,</I> as used in 30 CFR 550.303, means an OCS facility described in an Exploration Plan or a Development and Production Plan approved before June 2, 1980.
</P>
<P><I>Exploration</I> means the commercial search for oil, gas, or sulphur. Activities classified as exploration include but are not limited to:
</P>
<P>(1) Geophysical and geological (G&amp;G) surveys using magnetic, gravity, seismic reflection, seismic refraction, gas sniffers, coring, or other systems to detect or imply the presence of oil, gas, or sulphur; and
</P>
<P>(2) Any drilling conducted for the purpose of searching for commercial quantities of oil, gas, and sulphur, including the drilling of any additional well needed to delineate any reservoir to enable the lessee to decide whether to proceed with development and production.
</P>
<P><I>Facility</I> means:
</P>
<P>(1) As used in § 250.130, all installations permanently or temporarily attached to the seabed on the OCS (including manmade islands and bottom-sitting structures). They include mobile offshore drilling units (MODUs) or other vessels engaged in drilling or downhole operations, used for oil, gas or sulphur drilling, production, or related activities. They include all floating production systems (FPSs), variously described as column-stabilized-units (CSUs); floating production, storage and offloading facilities (FPSOs); tension-leg platforms (TLPs); spars, <I>etc.</I> They also include facilities for product measurement and royalty determination (e.g., lease Automatic Custody Transfer Units, gas meters) of OCS production on installations not on the OCS. Any group of OCS installations interconnected with walkways, or any group of installations that includes a central or primary installation with processing equipment and one or more satellite or secondary installations is a single facility. The Regional Supervisor may decide that the complexity of the individual installations justifies their classification as separate facilities.
</P>
<P>(2) As used in 30 CFR 550.303, means all installations or devices permanently or temporarily attached to the seabed. They include mobile offshore drilling units (MODUs), even while operating in the “tender assist” mode (<I>i.e.,</I> with skid-off drilling units) or other vessels engaged in drilling or downhole operations. They are used for exploration, development, and production activities for oil, gas, or sulphur and emit or have the potential to emit any air pollutant from one or more sources. They include all floating production systems (FPSs), including column-stabilized-units (CSUs); floating production, storage and offloading facilities (FPSOs); tension-leg platforms (TLPs); spars, <I>etc.</I> During production, multiple installations or devices are a single facility if the installations or devices are at a single site. Any vessel used to transfer production from an offshore facility is part of the facility while it is physically attached to the facility.
</P>
<P>(3) As used in § 250.490(b), means a vessel, a structure, or an artificial island used for drilling, well completion, well-workover, or production operations.
</P>
<P>(4) As used in §§ 250.900 through 250.921, means all installations or devices permanently or temporarily attached to the seabed. They are used for exploration, development, and production activities for oil, gas, or sulphur and emit or have the potential to emit any air pollutant from one or more sources. They include all floating production systems (FPSs), including column-stabilized-units (CSUs); floating production, storage and offloading facilities (FPSOs); tension-leg platforms (TLPs); spars, <I>etc.</I> During production, multiple installations or devices are a single facility if the installations or devices are at a single site. Any vessel used to transfer production from an offshore facility is part of the facility while it is physically attached to the facility.
</P>
<P>(5) As used in subpart S of this part, all types of structures permanently or temporarily attached to the seabed (e.g., mobile offshore drilling units (MODUs); floating production systems; floating production, storage and offloading facilities; tension-leg platforms; and spars) that are used for exploration, development, and production activities for oil, gas, or sulphur in the OCS. Facilities also include DOI-regulated pipelines.
</P>
<P><I>Flaring</I> means the burning of natural gas as it is released into the atmosphere.
</P>
<P><I>Gas reservoir</I> means a reservoir that contains hydrocarbons predominantly in a gaseous (single-phase) state.
</P>
<P><I>Gas-well completion</I> means a well completed in a gas reservoir or in the associated gas-cap of an oil reservoir.
</P>
<P><I>Geological and geophysical (G&amp;G) explorations</I> mean those G&amp;G surveys on your lease or unit that use seismic reflection, seismic refraction, magnetic, gravity, gas sniffers, coring, or other systems to detect or imply the presence of oil, gas, or sulphur in commercial quantities.
</P>
<P><I>Governor</I> means the Governor of a State, or the person or entity designated by, or under, State law to exercise the powers granted to such Governor under the Act.
</P>
<P><I>H</I><E T="54">2</E><I>S absent</I> means:
</P>
<P>(1) Drilling, logging, coring, testing, or producing operations have confirmed the absence of H<E T="52">2</E>S in concentrations that could potentially result in atmospheric concentrations of 20 ppm or more of H<E T="52">2</E>S; or
</P>
<P>(2) Drilling in the surrounding areas and correlation of geological and seismic data with equivalent stratigraphic units have confirmed an absence of H<E T="52">2</E>S throughout the area to be drilled.
</P>
<P><I>H</I><E T="54">2</E><I>S present</I> means drilling, logging, coring, testing, or producing operations have confirmed the presence of H<E T="52">2</E>S in concentrations and volumes that could potentially result in atmospheric concentrations of 20 ppm or more of H<E T="52">2</E>S.
</P>
<P><I>H</I><E T="54">2</E><I>S unknown</I> means the designation of a zone or geologic formation where neither the presence nor absence of H<E T="52">2</E>S has been confirmed.
</P>
<P><I>HPHT environment</I> means when one or more of the following well conditions exist:
</P>
<P>(1) The drilling, completion, workover, intervention, injection, production, or abandonment of the well requires pressure controlling or pressure containing equipment, including well control equipment, assigned a pressure rating greater than 15,000 psia or a temperature rating greater than 350 degrees Fahrenheit;
</P>
<P>(2) The MASP or SITP is greater than 15,000 psia at the seafloor for a well with a subsea wellhead or at the surface for a well with a surface wellhead; or
</P>
<P>(3) The flowing temperature is greater than 350 degrees Fahrenheit at the seafloor for a well with a subsea wellhead or at the surface for a well with a surface wellhead.




</P>
<P><I>Human environment</I> means the physical, social, and economic components, conditions, and factors that interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
</P>
<P><I>Interpreted geological information</I> means geological knowledge, often in the form of schematic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of data and analyzed geological information.
</P>
<P><I>Interpreted geophysical information</I> means geophysical knowledge, often in the form of schematic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of geophysical data and analyzed geophysical information.
</P>
<P><I>Lease</I> means an agreement that is issued under section 8 or maintained under section 6 of the Act and that authorizes exploration for, and development and production of, minerals. The term also means the area covered by that authorization, whichever the context requires.
</P>
<P><I>Lease term pipelines</I> mean those pipelines owned and operated by a lessee or operator that are completely contained within the boundaries of a single lease, unit, or contiguous (not cornering) leases of that lessee or operator.
</P>
<P><I>Lessee</I> means a person who has entered into a lease with the United States to explore for, develop, and produce the leased minerals. The term lessee also includes the BOEM-approved assignee of the lease, and the owner or the BOEM-approved assignee of operating rights for the lease.
</P>
<P><I>Major Federal action</I> means any action or proposal by the Secretary that is subject to the provisions of section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. (2)(C) (<I>i.e.,</I> an action that will have a significant impact on the quality of the human environment requiring preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act).
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the marine ecosystem. These include the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the OCS.
</P>
<P><I>Material remains</I> mean physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which such evidence is situated.
</P>
<P><I>Maximum efficient rate (MER)</I> means the maximum sustainable daily oil or gas withdrawal rate from a reservoir that will permit economic development and depletion of that reservoir without detriment to ultimate recovery.
</P>
<P><I>Maximum production rate (MPR)</I> means the approved maximum daily rate at which oil or gas may be produced from a specified oil-well or gas-well completion.
</P>
<P><I>Minerals</I> include oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals that are authorized by an Act of Congress to be produced.
</P>
<P><I>Natural resources</I> include, without limiting the generality thereof, oil, gas, and all other minerals, and fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine animal and plant life but does not include water power or the use of water for the production of power.
</P>
<P><I>Nonattainment area</I> means, for any air pollutant, an area that is shown by monitored data or that is calculated by air quality modeling (or other methods determined by the Administrator of EPA to be reliable) to exceed any primary or secondary ambient air quality standard established by EPA.
</P>
<P><I>Nonsensitive reservoir</I> means a reservoir in which ultimate recovery is not decreased by high reservoir production rates.
</P>
<P><I>Oil reservoir</I> means a reservoir that contains hydrocarbons predominantly in a liquid (single-phase) state.
</P>
<P><I>Oil reservoir with an associated gas cap</I> means a reservoir that contains hydrocarbons in both a liquid and gaseous (two-phase) state.
</P>
<P><I>Oil-well completion</I> means a well completed in an oil reservoir or in the oil accumulation of an oil reservoir with an associated gas cap.
</P>
<P><I>Operating rights</I> mean any interest held in a lease with the right to explore for, develop, and produce leased substances.
</P>
<P><I>Operator</I> means the person the lessee(s) designates as having control or management of operations on the leased area or a portion thereof. An operator may be a lessee, the BSEE-approved or BOEM-approved designated agent of the lessee(s), or the holder of operating rights under a BOEM-approved operating rights assignment.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301) whose subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Person</I> includes a natural person, an association (including partnerships, joint ventures, and trusts), a State, a political subdivision of a State, or a private, public, or municipal corporation.
</P>
<P><I>Pipelines</I> are the piping, risers, and appurtenances installed for transporting oil, gas, sulphur, and produced waters.
</P>
<P><I>Processed geological or geophysical information</I> means data collected under a permit or a lease that have been processed or reprocessed. Processing involves changing the form of data to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements. Reprocessing is the additional processing other than ordinary processing used in the general course of evaluation. Reprocessing operations may include varying identified parameters for the detailed study of a specific problem area.
</P>
<P><I>Production</I> means those activities that take place after the successful completion of any means for the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and workover operations.
</P>
<P><I>Production areas</I> are those areas where flammable petroleum gas, volatile liquids or sulphur are produced, processed (e.g., compressed), stored, transferred (e.g., pumped), or otherwise handled before entering the transportation process.
</P>
<P><I>Projected emissions</I> mean emissions, either controlled or uncontrolled, from a source or sources.
</P>
<P><I>Prospect</I> means a geologic feature having the potential for mineral deposits.
</P>
<P><I>Regional Director</I> means the BSEE officer with responsibility and authority for a Region within BSEE.
</P>
<P><I>Regional Supervisor</I> means the BSEE officer with responsibility and authority for operations or other designated program functions within a BSEE Region.
</P>
<P><I>Right-of-Use and Easement (RUE)</I> means a right to use a portion of the seabed at an OCS site, other than on a lease you own, to construct, secure to the seafloor, use, modify, or maintain platforms, sea floor production equipment, artificial islands, facilities, installations, and other devices, established to support the exploration, development, or production of oil and gas, mineral, or energy resources from an OCS or State submerged lands lease.
</P>
<P><I>Right-of-way pipelines</I> are those pipelines that are contained within:
</P>
<P>(1) The boundaries of a single lease or unit, but are not owned and operated by a lessee or operator of that lease or unit;
</P>
<P>(2) The boundaries of contiguous (not cornering) leases that do not have a common lessee or operator;
</P>
<P>(3) The boundaries of contiguous (not cornering) leases that have a common lessee or operator but are not owned and operated by that common lessee or operator; or
</P>
<P>(4) An unleased block(s).
</P>
<P><I>Routine operations,</I> for the purposes of subpart F, mean any of the following operations conducted on a well with the tree installed:
</P>
<P>(1) Cutting paraffin;
</P>
<P>(2) Removing and setting pump-through-type tubing plugs, gas-lift valves, and subsurface safety valves that can be removed by wireline operations;
</P>
<P>(3) Bailing sand;
</P>
<P>(4) Pressure surveys;
</P>
<P>(5) Swabbing;
</P>
<P>(6) Scale or corrosion treatment;
</P>
<P>(7) Caliper and gauge surveys;
</P>
<P>(8) Corrosion inhibitor treatment;
</P>
<P>(9) Removing or replacing subsurface pumps;
</P>
<P>(10) Through-tubing logging (diagnostics);
</P>
<P>(11) Wireline fishing;
</P>
<P>(12) Setting and retrieving other subsurface flow-control devices; and
</P>
<P>(13) Acid treatments.
</P>
<P><I>Sensitive reservoir</I> means a reservoir in which the production rate will affect ultimate recovery.
</P>
<P><I>Significant archaeological resource</I> means those archaeological resources that meet the criteria of significance for eligibility to the National Register of Historic Places as defined in 36 CFR 60.4, or its successor.
</P>
<P><I>Source control and containment equipment (SCCE)</I> means the capping stack, cap and flow system, containment dome, and/or other subsea and surface devices, equipment, and vessels the collective purpose of which is to control a spill source and stop the flow of fluids into the environment or to contain fluids escaping into the environment. “Surface devices” refers to equipment mounted or staged on a barge, vessel, or facility to separate, treat, store and/or dispose of fluids conveyed to the surface by the cap and flow system or the containment dome. “Subsea devices” includes, but is not limited to, remotely operated vehicles, anchors, buoyancy equipment, connectors, cameras, controls and other subsea equipment necessary to facilitate the deployment, operation, and retrieval of the SCCE. The SCCE does not include a blowout preventer.
</P>
<P><I>Suspension</I> means a granted or directed deferral of the requirement to produce (Suspension of Production (SOP)) or to conduct leaseholding operations (Suspension of Operations (SOO)).
</P>
<P><I>Venting</I> means the release of gas into the atmosphere without igniting it. This includes gas that is released underwater and bubbles to the atmosphere.
</P>
<P><I>Waste of oil, gas, or sulphur</I> means:
</P>
<P>(1) The physical waste of oil, gas, or sulphur;
</P>
<P>(2) The inefficient, excessive, or improper use, or the unnecessary dissipation of reservoir energy;
</P>
<P>(3) The locating, spacing, drilling, equipping, operating, or producing of any oil, gas, or sulphur well(s) in a manner that causes or tends to cause a reduction in the quantity of oil, gas, or sulphur ultimately recoverable under prudent and proper operations or that causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; or
</P>
<P>(4) The inefficient storage of oil.
</P>
<P><I>Welding</I> means all activities connected with welding, including hot tapping and burning.
</P>
<P><I>Wellbay</I> is the area on a facility within the perimeter of the outermost wellheads.
</P>
<P><I>Well-completion operations</I> mean the work conducted to establish production from a well after the production-casing string has been set, cemented, and pressure-tested.
</P>
<P><I>Well-control fluid</I> means drilling mud, completion fluid, or workover fluid as appropriate to the particular operation being conducted.
</P>
<P><I>Western Gulf of America</I> means all OCS areas of the Gulf of America except those the BOEM Director decides are adjacent to the State of Florida. The Western Gulf of America is not the same as the Western Planning Area, an area established for OCS lease sales.
</P>
<P><I>Workover operations</I> mean the work conducted on wells after the initial well-completion operation for the purpose of maintaining or restoring the productivity of a well.
</P>
<P><I>You</I> means a lessee, the owner or holder of operating rights, a designated operator or agent of the lessee(s), a pipeline right-of-way holder, or a State lessee granted a right-of-use and easement.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20439, Apr. 5, 2013; 81 FR 46560, July 15, 2016; 88 FR 23579, Apr. 18, 2023; 89 FR 71111, Aug. 30, 2024; 90 FR 44326, Sept. 15, 2025]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="70" NODE="30:2.0.1.2.3.1.70" TYPE="SUBJGRP">
<HEAD>Performance Standards</HEAD>


<DIV8 N="§ 250.106" NODE="30:2.0.1.2.3.1.70.6" TYPE="SECTION">
<HEAD>§ 250.106   What standards will the Director use to regulate lease operations?</HEAD>
<P>The Director will regulate all operations under a lease, right-of-use and easement, or right-of-way to:
</P>
<P>(a) Promote orderly exploration, development, and production of mineral resources;
</P>
<P>(b) Prevent injury or loss of life;
</P>
<P>(c) Prevent damage to or waste of any natural resource, property, or the environment; and
</P>
<P>(d) Cooperate and consult with affected States, local governments, other interested parties, and relevant Federal agencies.


</P>
</DIV8>


<DIV8 N="§ 250.107" NODE="30:2.0.1.2.3.1.70.7" TYPE="SECTION">
<HEAD>§ 250.107   What must I do to protect health, safety, property, and the environment?</HEAD>
<P>(a) You must protect health, safety, property, and the environment by:
</P>
<P>(1) Performing all operations in a safe and workmanlike manner; 
</P>
<P>(2) Maintaining all equipment and work areas in a safe condition;
</P>
<P>(3) Utilizing recognized engineering practices that reduce risks to the lowest level practicable when conducting design, fabrication, installation, operation, inspection, repair, and maintenance activities; and
</P>
<P>(4) Complying with all lease, plan, and permit terms and conditions.
</P>
<P>(b) You must immediately control, remove, or otherwise correct any hazardous oil and gas accumulation or other health, safety, or fire hazard.
</P>
<P>(c) <I>Best available and safest technology.</I> (1) On all new drilling and production operations and, except as provided in paragraph (c)(3) of this section, on existing operations, you must use the best available and safest technologies (BAST) which the Director determines to be economically feasible whenever the Director determines that failure of equipment would have a significant effect on safety, health, or the environment, except where the Director determines that the incremental benefits are clearly insufficient to justify the incremental costs of utilizing such technologies.
</P>
<P>(2) Conformance with BSEE regulations will be presumed to constitute the use of BAST unless and until the Director determines that other technologies are required pursuant to paragraph (c)(1) of this section.
</P>
<P>(3) The Director may waive the requirement to use BAST on a category of existing operations if the Director determines that use of BAST by that category of existing operations would not be practicable. The Director may waive the requirement to use BAST on an existing operation at a specific facility if you submit a waiver request demonstrating that the use of BAST would not be practicable.
</P>
<P>(d) BSEE may issue orders to ensure compliance with this part, including, but not limited to, orders to produce and submit records and to inspect, repair, and/or replace equipment. BSEE may also issue orders to shut-in operations of a component or facility because of a threat of serious, irreparable, or immediate harm to health, safety, property, or the environment posed by those operations or because the operations violate law, including a regulation, order, or provision of a lease, plan, or permit.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26014, Apr. 29, 2016; 81 FR 61915, Sept. 7, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.108" NODE="30:2.0.1.2.3.1.70.8" TYPE="SECTION">
<HEAD>§ 250.108   What requirements must I follow for cranes and other material-handling equipment?</HEAD>
<XREF ID="20260610" REFID="7">Link to an amendment published at 91 FR 35346, June 10, 2026.</XREF>
<P>(a) All cranes installed on fixed platforms must be operated in accordance with American Petroleum Institute's Recommended Practice for Operation and Maintenance of Offshore Cranes, API RP 2D (as incorporated by reference in § 250.198).
</P>
<P>(b) All cranes installed on fixed platforms must be equipped with a functional anti-two block device.
</P>
<P>(c) If a fixed platform is installed after March 17, 2003, all cranes on the platform must meet the requirements of American Petroleum Institute Specification for Offshore Pedestal Mounted Cranes, API Spec 2C (as incorporated by reference in § 250.198).
</P>
<P>(d) All cranes manufactured after March 17, 2003, and installed on a fixed platform, must meet the requirements of API Spec 2C.
</P>
<P>(e) You must maintain records specific to a crane or the operation of a crane installed on an OCS fixed platform, as follows:
</P>
<P>(1) Retain all design and construction records, including installation records for any anti-two block safety devices, for the life of the crane. The records must be kept at the OCS fixed platform.
</P>
<P>(2) Retain all inspection, testing, and maintenance records of cranes for at least 4 years. The records must be kept at the OCS fixed platform.
</P>
<P>(3) Retain the qualification records of the crane operator and all rigger personnel for at least 4 years. The records must be kept at the OCS fixed platform.
</P>
<P>(f) You must operate and maintain all other material-handling equipment in a manner that ensures safe operations and prevents pollution.


</P>
</DIV8>


<DIV8 N="§ 250.109" NODE="30:2.0.1.2.3.1.70.9" TYPE="SECTION">
<HEAD>§ 250.109   What documents must I prepare and maintain related to welding?</HEAD>
<P>(a) You must submit a Welding Plan to the District Manager before you begin drilling or production activities on a lease. You may not begin welding until the District Manager has approved your plan.
</P>
<P>(b) You must keep the following at the site where welding occurs:
</P>
<P>(1) A copy of the plan and its approval letter; and
</P>
<P>(2) Drawings showing the designated safe-welding areas.


</P>
</DIV8>


<DIV8 N="§ 250.110" NODE="30:2.0.1.2.3.1.70.10" TYPE="SECTION">
<HEAD>§ 250.110   What must I include in my welding plan?</HEAD>
<P>You must include all of the following in the welding plan that you prepare under § 250.109:
</P>
<P>(a) Standards or requirements for welders;
</P>
<P>(b) How you will ensure that only qualified personnel weld;
</P>
<P>(c) Practices and procedures for safe welding that address:
</P>
<P>(1) Welding in designated safe areas;
</P>
<P>(2) Welding in undesignated areas, including wellbay;
</P>
<P>(3) Fire watches;
</P>
<P>(4) Maintenance of welding equipment; and
</P>
<P>(5) Plans showing all designated safe-welding areas.
</P>
<P>(d) How you will prevent spark-producing activities (<I>i.e.,</I> grinding, abrasive blasting/cutting and arc-welding) in hazardous locations.


</P>
</DIV8>


<DIV8 N="§ 250.111" NODE="30:2.0.1.2.3.1.70.11" TYPE="SECTION">
<HEAD>§ 250.111   Who oversees operations under my welding plan?</HEAD>
<P>A welding supervisor or a designated person in charge must be thoroughly familiar with your welding plan. This person must ensure that each welder is properly qualified according to the welding plan. This person also must inspect all welding equipment before welding.


</P>
</DIV8>


<DIV8 N="§ 250.112" NODE="30:2.0.1.2.3.1.70.12" TYPE="SECTION">
<HEAD>§ 250.112   What standards must my welding equipment meet?</HEAD>
<P>Your welding equipment must meet the following requirements:
</P>
<P>(a) All engine-driven welding equipment must be equipped with spark arrestors and drip pans;
</P>
<P>(b) Welding leads must be completely insulated and in good condition;
</P>
<P>(c) Hoses must be leak-free and equipped with proper fittings, gauges, and regulators; and
</P>
<P>(d) Oxygen and fuel gas bottles must be secured in a safe place.


</P>
</DIV8>


<DIV8 N="§ 250.113" NODE="30:2.0.1.2.3.1.70.13" TYPE="SECTION">
<HEAD>§ 250.113   What procedures must I follow when welding?</HEAD>
<P>(a) Before you weld, you must move any equipment containing hydrocarbons or other flammable substances at least 35 feet horizontally from the welding area. You must move similar equipment on lower decks at least 35 feet from the point of impact where slag, sparks, or other burning materials could fall. If moving this equipment is impractical, you must protect that equipment with flame-proofed covers, shield it with metal or fire-resistant guards or curtains, or render the flammable substances inert.
</P>
<P>(b) While you weld, you must monitor all water-discharge-point sources from hydrocarbon-handling vessels. If a discharge of flammable fluids occurs, you must stop welding.
</P>
<P>(c) If you cannot weld in one of the designated safe-welding areas that you listed in your safe welding plan, you must meet the following requirements:
</P>
<P>(1) You may not begin welding until:
</P>
<P>(i) The welding supervisor or designated person in charge advises in writing that it is safe to weld.
</P>
<P>(ii) You and the designated person in charge inspect the work area and areas below it for potential fire and explosion hazards.
</P>
<P>(2) During welding, the person in charge must designate one or more persons as a fire watch. The fire watch must:
</P>
<P>(i) Have no other duties while actual welding is in progress;
</P>
<P>(ii) Have usable firefighting equipment;
</P>
<P>(iii) Remain on duty for 30 minutes after welding activities end; and
</P>
<P>(iv) Maintain a continuous surveillance with a portable gas detector during the welding and burning operation if welding occurs in an area not equipped with a gas detector.
</P>
<P>(3) You may not weld piping, containers, tanks, or other vessels that have contained a flammable substance unless you have rendered the contents inert and the designated person in charge has determined it is safe to weld. This does not apply to approved hot taps.
</P>
<P>(4) You may not weld within 10 feet of a wellbay unless you have shut in all producing wells in that wellbay.
</P>
<P>(5) You may not weld within 10 feet of a production area, unless you have shut in that production area.
</P>
<P>(6) You may not weld while you drill, complete, workover, or conduct wireline operations unless:
</P>
<P>(i) The fluids in the well (being drilled, completed, worked over, or having wireline operations conducted) are noncombustible; and
</P>
<P>(ii) You have precluded the entry of formation hydrocarbons into the wellbore by either mechanical means or a positive overbalance toward the formation.


</P>
</DIV8>


<DIV8 N="§ 250.114" NODE="30:2.0.1.2.3.1.70.14" TYPE="SECTION">
<HEAD>§ 250.114   How must I install, maintain, and operate electrical equipment?</HEAD>
<XREF ID="20260610" REFID="8">Link to an amendment published at 91 FR 35346, June 10, 2026.</XREF>
<P>The requirements in this section apply to all electrical equipment on all platforms, artificial islands, fixed structures, and their facilities.
</P>
<P>(a) You must classify all areas according to API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2 (as incorporated by reference in § 250.198), or API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, Zone 1, and Zone 2 (as incorporated by reference in § 250.198).
</P>
<P>(b) Employees who maintain your electrical systems must have expertise in area classification and the performance, operation and hazards of electrical equipment.
</P>
<P>(c) You must install all electrical systems according to API RP 14F, Recommended Practice for Design and Installation of Electrical Systems for Fixed and Floating Offshore Petroleum Facilities for Unclassified and Class I, Division 1, and Division 2 Locations (as incorporated by reference in § 250.198), or API RP 14FZ, Recommended Practice for Design and Installation of Electrical Systems for Fixed and Floating Offshore Petroleum Facilities for Unclassified and Class I, Zone 0, Zone 1, and Zone 2 Locations (as incorporated by reference in § 250.198).
</P>
<P>(d) On each engine that has an electric ignition system, you must use an ignition system designed and maintained to reduce the release of electrical energy.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36149, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.115" NODE="30:2.0.1.2.3.1.70.15" TYPE="SECTION">
<HEAD>§ 250.115   What are the procedures for, and effects of, incorporation of documents by reference in this part?</HEAD>
<P>For the documents incorporated by reference in this part:
</P>
<P>(a) Incorporation by reference of a document is limited to the edition of the document, or the specific edition and supplement or addendum, that is cited in § 250.198. Future amendments or revisions of the incorporated document are not included. BSEE will publish any changes to the incorporation of the document in the <E T="04">Federal Register</E> and amend § 250.198 as appropriate.
</P>
<P>(b) BSEE may make a rule amending the incorporation of a document effective without prior opportunity for public comment when BSEE determines:
</P>
<P>(1) That the revisions to the document result in safety improvements or represent new industry standard technology and do not impose undue costs on the affected parties; and
</P>
<P>(2) BSEE meets the requirements for making a rule immediately effective under 5 U.S.C. 553.
</P>
<P>(c) The effect of incorporation by reference of a document into the regulations in this part is that the incorporated document is a requirement. When a section in this part refers to an incorporated document, you are responsible for complying with the provisions of that entire document, except to the extent that the section that refers to the document provides otherwise. When a section in this part refers to a part of an incorporated document, you are responsible for complying with that part of the document as provided in that section.
</P>
<P>(d) Under §§ 250.141 and 250.142, you may comply with a later edition of a specific document incorporated by reference, provided:
</P>
<P>(1) You show that complying with the later edition provides a degree of protection, safety, or performance equal to or better than would be achieved by compliance with the listed edition; and
</P>
<P>(2) You obtain prior written approval for alternative compliance from the authorized BSEE official.
</P>
<CITA TYPE="N">[84 FR 21968, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§§ 250.116-250.117" NODE="30:2.0.1.2.3.1.70.16" TYPE="SECTION">
<HEAD>§§ 250.116-250.117   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="71" NODE="30:2.0.1.2.3.1.71" TYPE="SUBJGRP">
<HEAD>Gas Storage or Injection</HEAD>


<DIV8 N="§ 250.118" NODE="30:2.0.1.2.3.1.71.17" TYPE="SECTION">
<HEAD>§ 250.118   Will BSEE approve gas injection?</HEAD>
<P>The Regional Supervisor may authorize you to inject gas on the OCS, on and off-lease, to promote conservation of natural resources and to prevent waste.
</P>
<P>(a) To receive BSEE approval for injection, you must:
</P>
<P>(1) Show that the injection will not result in undue interference with operations under existing leases; and
</P>
<P>(2) Submit a written application to the Regional Supervisor for injection of gas.
</P>
<P>(b) The Regional Supervisor will approve gas injection applications that:
</P>
<P>(1) Enhance recovery;
</P>
<P>(2) Prevent flaring of casinghead gas; or
</P>
<P>(3) Implement other conservation measures approved by the Regional Supervisor.


</P>
</DIV8>


<DIV8 N="§ 250.119" NODE="30:2.0.1.2.3.1.71.18" TYPE="SECTION">
<HEAD>§ 250.119   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.120" NODE="30:2.0.1.2.3.1.71.19" TYPE="SECTION">
<HEAD>§ 250.120   How does injecting, storing, or treating gas affect my royalty payments?</HEAD>
<P>(a) If you produce gas from an OCS lease and inject it into a reservoir on the lease or unit for the purposes cited in § 250.118(b), you are not required to pay royalties until you remove or sell the gas from the reservoir.
</P>
<P>(b) If you produce gas from an OCS lease and store it according to 30 CFR 550.119, you must pay royalty before injecting it into the storage reservoir.
</P>
<P>(c) If you produce gas from an OCS lease and treat it at an off-lease or off-unit location, you must pay royalties when the gas is first produced.


</P>
</DIV8>


<DIV8 N="§ 250.121" NODE="30:2.0.1.2.3.1.71.20" TYPE="SECTION">
<HEAD>§ 250.121   What happens when the reservoir contains both original gas in place and injected gas?</HEAD>
<P>If the reservoir contains both original gas in place and injected gas, when you produce gas from the reservoir you must use a BSEE-approved formula to determine the amounts of injected or stored gas and gas original to the reservoir.


</P>
</DIV8>


<DIV8 N="§ 250.122" NODE="30:2.0.1.2.3.1.71.21" TYPE="SECTION">
<HEAD>§ 250.122   What effect does subsurface storage have on the lease term?</HEAD>
<P>If you use a lease area for subsurface storage of gas, it does not affect the continuance or expiration of the lease.


</P>
</DIV8>


<DIV8 N="§ 250.123" NODE="30:2.0.1.2.3.1.71.22" TYPE="SECTION">
<HEAD>§ 250.123   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.124" NODE="30:2.0.1.2.3.1.71.23" TYPE="SECTION">
<HEAD>§ 250.124   Will BSEE approve gas injection into the cap rock containing a sulphur deposit?</HEAD>
<P>To receive the Regional Supervisor's approval to inject gas into the cap rock of a salt dome containing a sulphur deposit, you must show that the injection:
</P>
<P>(a) Is necessary to recover oil and gas contained in the cap rock; and
</P>
<P>(b) Will not significantly increase potential hazards to present or future sulphur mining operations.


</P>
</DIV8>

</DIV7>


<DIV7 N="72" NODE="30:2.0.1.2.3.1.72" TYPE="SUBJGRP">
<HEAD>Fees</HEAD>


<DIV8 N="§ 250.125" NODE="30:2.0.1.2.3.1.72.24" TYPE="SECTION">
<HEAD>§ 250.125   Service fees.</HEAD>
<XREF ID="20260610" REFID="9">Link to an amendment published at 91 FR 35346, June 10, 2026.</XREF>
<P>(a) The table in this paragraph (a) shows the fees that you must pay to BSEE for the services listed. The fees will be adjusted periodically according to the Implicit Price Deflator for Gross Domestic Product by publication of a document in the <E T="04">Federal Register.</E> If a significant adjustment is needed to arrive at the new actual cost for any reason other than inflation, then a proposed rule containing the new fees will be published in the <E T="04">Federal Register</E> for comment.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Service—processing of the following:
</TH><TH class="gpotbl_colhed" scope="col">Fee amount
</TH><TH class="gpotbl_colhed" scope="col">30 CFR citation
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Suspension of Operations/Suspension of Production (SOO/SOP) Request</TD><TD align="left" class="gpotbl_cell">$2,469</TD><TD align="left" class="gpotbl_cell">§ 250.171(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Deepwater Operations Plan (DWOP) Process:
</TD><TD align="left" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(i) Project Conceptual Plan</TD><TD align="left" class="gpotbl_cell">$2,697</TD><TD align="left" class="gpotbl_cell">250.226.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(ii) New or Unusual Technology Conceptual Plan</TD><TD align="left" class="gpotbl_cell">7,964</TD><TD align="left" class="gpotbl_cell">250.226.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(iii) New or Unusual Technology Barrier Equipment Conceptual Plan</TD><TD align="left" class="gpotbl_cell">15,104</TD><TD align="left" class="gpotbl_cell">250.226.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(iv) DWOP</TD><TD align="left" class="gpotbl_cell">10,647</TD><TD align="left" class="gpotbl_cell">250.235.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(v) Revised DWOP</TD><TD align="left" class="gpotbl_cell">963</TD><TD align="left" class="gpotbl_cell">250.246.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(vi) Combined Project Conceptual Plan/DWOP</TD><TD align="left" class="gpotbl_cell">13,856</TD><TD align="left" class="gpotbl_cell">250.245.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(vii) Supplemental DWOP</TD><TD align="left" class="gpotbl_cell">9,626</TD><TD align="left" class="gpotbl_cell">250.247.


</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Application for Permit to Drill (APD; Form BSEE-0123)</TD><TD align="left" class="gpotbl_cell">$2,458 for initial applications only; no fee for revisions</TD><TD align="left" class="gpotbl_cell">§ 250.410(d); § 250.513(b); § 250.1617(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Application for Permit to Modify (APM; Form BSEE-0124)</TD><TD align="left" class="gpotbl_cell">$145</TD><TD align="left" class="gpotbl_cell">§ 250.465(b); § 250.513(b); § 250.613(b); § 250.1618(a); § 250.1704(g).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) New Facility Production Safety System Application for facility with more than 125 components</TD><TD align="left" class="gpotbl_cell">$6,312


<br/>A $16,610 additional fee will be charged if BSEE conducts a pre-production inspection of a facility offshore, and $8,638 for an inspection of a facility while in a shipyard

<br/>A component is a piece of equipment or ancillary system that is protected by one or more of the safety devices required by API RP 14C (as incorporated by reference in § 250.198)</TD><TD align="left" class="gpotbl_cell">§ 250.842.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) New Facility Production Safety System Application for facility with 25-125 components</TD><TD align="left" class="gpotbl_cell">$1,528


<br/>A $10,430 additional fee will be charged if BSEE conducts a pre-production inspection of a facility offshore, and $5,980 for an inspection of a facility while in a shipyard</TD><TD align="left" class="gpotbl_cell">§ 250.842.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) New Facility Production Safety System Application for facility with fewer than 25 components</TD><TD align="left" class="gpotbl_cell">$758</TD><TD align="left" class="gpotbl_cell">§ 250.842.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Production Safety System Application—Modification with more than 125 components reviewed</TD><TD align="left" class="gpotbl_cell">$704</TD><TD align="left" class="gpotbl_cell">§ 250.842.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Production Safety System Application—Modification with 25-125 components reviewed</TD><TD align="left" class="gpotbl_cell">$252</TD><TD align="left" class="gpotbl_cell">§ 250.842.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Production Safety System Application—Modification with fewer than 25 components reviewed</TD><TD align="left" class="gpotbl_cell">$107</TD><TD align="left" class="gpotbl_cell">§ 250.842.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Platform Application—Installation—Under the Platform Verification Program</TD><TD align="left" class="gpotbl_cell">$26,444</TD><TD align="left" class="gpotbl_cell">§ 250.905(l).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Platform Application—Installation—Fixed Structure Under the Platform Approval Program</TD><TD align="left" class="gpotbl_cell">$3,787</TD><TD align="left" class="gpotbl_cell">§ 250.905(l).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Platform Application—Installation—Caisson/Well Protector</TD><TD align="left" class="gpotbl_cell">$1,927</TD><TD align="left" class="gpotbl_cell">§ 250.905(l).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) Platform Application—Modification/Repair</TD><TD align="left" class="gpotbl_cell">$4,518</TD><TD align="left" class="gpotbl_cell">§ 250.905(l).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) New Pipeline Application (Lease Term)</TD><TD align="left" class="gpotbl_cell">$4,119</TD><TD align="left" class="gpotbl_cell">§ 250.1000(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) Pipeline Application—Modification (Lease Term)</TD><TD align="left" class="gpotbl_cell">$2,392</TD><TD align="left" class="gpotbl_cell">§ 250.1000(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(17) Pipeline Application—Modification (ROW)</TD><TD align="left" class="gpotbl_cell">$4,849</TD><TD align="left" class="gpotbl_cell">§ 250.1000(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(18) Pipeline Repair Notification</TD><TD align="left" class="gpotbl_cell">$451</TD><TD align="left" class="gpotbl_cell">§ 250.1008(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(19) Pipeline Right-of-Way (ROW) Grant Application</TD><TD align="left" class="gpotbl_cell">$3,223</TD><TD align="left" class="gpotbl_cell">§ 250.1015(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(20) Pipeline Conversion of Lease Term to ROW</TD><TD align="left" class="gpotbl_cell">$275</TD><TD align="left" class="gpotbl_cell">§ 250.1015(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(21) Pipeline ROW Assignment</TD><TD align="left" class="gpotbl_cell">$234</TD><TD align="left" class="gpotbl_cell">§ 250.1018(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(22) 500 Feet from Lease/Unit Line Production Request</TD><TD align="left" class="gpotbl_cell">$4,527</TD><TD align="left" class="gpotbl_cell">§ 250.1156(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(23) Gas Cap Production Request</TD><TD align="left" class="gpotbl_cell">$5,761</TD><TD align="left" class="gpotbl_cell">§ 250.1157(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(24) Downhole Commingling Request</TD><TD align="left" class="gpotbl_cell">$6,722</TD><TD align="left" class="gpotbl_cell">§ 250.1158(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(25) Complex Surface Commingling and Measurement Application</TD><TD align="left" class="gpotbl_cell">$4,718</TD><TD align="left" class="gpotbl_cell">§ 250.1202(a); § 250.1203(b); § 250.1204(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(26) Simple Surface Commingling and Measurement Application</TD><TD align="left" class="gpotbl_cell">$1,595</TD><TD align="left" class="gpotbl_cell">§ 250.1202(a); § 250.1203(b); § 250.1204(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(27) Voluntary Unitization Proposal or Unit Expansion</TD><TD align="left" class="gpotbl_cell">$14,678</TD><TD align="left" class="gpotbl_cell">§ 250.1303(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(28) Unitization Revision</TD><TD align="left" class="gpotbl_cell">$1,042</TD><TD align="left" class="gpotbl_cell">§ 250.1303(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(29) Application to Remove a Platform or Other Facility</TD><TD align="left" class="gpotbl_cell">$5,448</TD><TD align="left" class="gpotbl_cell">§ 250.1727.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(30) Application to Decommission a Pipeline (Lease Term)</TD><TD align="left" class="gpotbl_cell">$1,328</TD><TD align="left" class="gpotbl_cell">§ 250.1751(a) or § 250.1752(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(31) Application to Decommission a Pipeline (ROW)</TD><TD align="left" class="gpotbl_cell">$2,524</TD><TD align="left" class="gpotbl_cell">§ 250.1751(a) or § 250.1752(a).</TD></TR></TABLE></DIV></DIV>
<P>(b) Payment of the fees listed in paragraph (a) of this section must accompany the submission of the document for approval or be sent to an office identified by the Regional Director. Once a fee is paid, it is nonrefundable, even if an application or other request is withdrawn. If your application is returned to you as incomplete, you are not required to submit a new fee when you submit the amended application.
</P>
<P>(c) Verbal approvals are occasionally given in special circumstances. Any action that will be considered a verbal permit approval requires either a paper permit application to follow the verbal approval or an electronic application submittal within 72 hours. Payment must be made with the completed paper or electronic application.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50891, Aug. 22, 2012; 78 FR 60213, Oct. 1, 2013; 81 FR 26014, Apr. 29, 2016; 81 FR 61916, Sept. 7, 2016; 87 FR 19803, Apr. 6, 2022; 89 FR 71111, Aug. 30, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 250.126" NODE="30:2.0.1.2.3.1.72.25" TYPE="SECTION">
<HEAD>§ 250.126   Electronic payment instructions.</HEAD>
<P>(a) You must file all payments electronically through the Fees for Services Page on the BSEE website at <I>https://www.bsee.gov/who-we-are/working-with-us/Fees-for-Services.</I> This includes, but is not limited to, all OCS applications, permits, or any filing fees. You must include a copy of the <I>Pay.gov</I> confirmation receipt page with your application, permit, or filing fee.
</P>
<P>(b) If you submitted an application or permit through eWell, you must use the interactive payment feature in that system, which directs you through <I>Pay.gov</I> to make a payment. It is recommended that you keep a copy of your payment confirmation receipt in the event that any questions arise regarding your transaction.
</P>
<CITA TYPE="N">[81 FR 36149, June 6, 2016; as amended at 87 FR 19803, Apr. 6, 2022]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="73" NODE="30:2.0.1.2.3.1.73" TYPE="SUBJGRP">
<HEAD>Inspections of Operations</HEAD>


<DIV8 N="§ 250.130" NODE="30:2.0.1.2.3.1.73.26" TYPE="SECTION">
<HEAD>§ 250.130   Why does BSEE conduct inspections?</HEAD>
<P>BSEE will inspect OCS facilities and any vessels engaged in drilling or other downhole operations. These include facilities under jurisdiction of other Federal agencies that we inspect by agreement. We conduct these inspections:
</P>
<P>(a) To verify that you are conducting operations according to the Act, the regulations, the lease, right-of-way, the BOEM-approved Exploration Plan or Development and Production Plans; or right-of-use and easement, and other applicable laws and regulations; and
</P>
<P>(b) To determine whether equipment designed to prevent or ameliorate blowouts, fires, spillages, or other major accidents has been installed and is operating properly according to the requirements of this part.


</P>
</DIV8>


<DIV8 N="§ 250.131" NODE="30:2.0.1.2.3.1.73.27" TYPE="SECTION">
<HEAD>§ 250.131   Will BSEE notify me before conducting an inspection?</HEAD>
<P>BSEE conducts both scheduled and unscheduled inspections.


</P>
</DIV8>


<DIV8 N="§ 250.132" NODE="30:2.0.1.2.3.1.73.28" TYPE="SECTION">
<HEAD>§ 250.132   What must I do when BSEE conducts an inspection?</HEAD>
<P>(a) When BSEE conducts an inspection, you must provide:
</P>
<P>(1) Access to all platforms, artificial islands, and other installations on your leases or associated with your lease, right-of-use and easement, or right-of-way; and
</P>
<P>(2) Helicopter landing sites and refueling facilities for any helicopters we use to regulate offshore operations.
</P>
<P>(b) You must make the following available for us to inspect:
</P>
<P>(1) The area covered under a lease, right-of-use and easement, right-of-way, or permit;
</P>
<P>(2) All improvements, structures, and fixtures on these areas; and
</P>
<P>(3) All records of design, construction, operation, maintenance, repairs, or investigations on or related to the area.


</P>
</DIV8>


<DIV8 N="§ 250.133" NODE="30:2.0.1.2.3.1.73.29" TYPE="SECTION">
<HEAD>§ 250.133   Will BSEE reimburse me for my expenses related to inspections?</HEAD>
<P>Upon request, BSEE will reimburse you for food, quarters, and transportation that you provide for BSEE representatives while they inspect lease facilities and operations. You must send us your reimbursement request within 90 days of the inspection.


</P>
</DIV8>

</DIV7>


<DIV7 N="74" NODE="30:2.0.1.2.3.1.74" TYPE="SUBJGRP">
<HEAD>Disqualification</HEAD>


<DIV8 N="§ 250.135" NODE="30:2.0.1.2.3.1.74.30" TYPE="SECTION">
<HEAD>§ 250.135   What will BSEE do if my operating performance is unacceptable?</HEAD>
<P>BSEE will determine if your operating performance is unacceptable. BSEE will refer a determination of unacceptable performance to BOEM, who may disapprove or revoke your designation as operator on a single facility or multiple facilities. We will give you adequate notice and opportunity for a review by BSEE officials before making a determination that your operating performance is unacceptable.


</P>
</DIV8>


<DIV8 N="§ 250.136" NODE="30:2.0.1.2.3.1.74.31" TYPE="SECTION">
<HEAD>§ 250.136   How will BSEE determine if my operating performance is unacceptable?</HEAD>
<P>In determining if your operating performance is unacceptable, BSEE will consider, individually or collectively:
</P>
<P>(a) Accidents and their nature;
</P>
<P>(b) Pollution events, environmental damages and their nature;
</P>
<P>(c) Incidents of noncompliance;
</P>
<P>(d) Civil penalties;
</P>
<P>(e) Failure to adhere to OCS lease obligations; or
</P>
<P>(f) Any other relevant factors.


</P>
</DIV8>

</DIV7>


<DIV7 N="75" NODE="30:2.0.1.2.3.1.75" TYPE="SUBJGRP">
<HEAD>Special Types of Approvals</HEAD>


<DIV8 N="§ 250.140" NODE="30:2.0.1.2.3.1.75.32" TYPE="SECTION">
<HEAD>§ 250.140   When will I receive an oral approval?</HEAD>
<P>When you apply for BSEE approval of any activity, we normally give you a written decision. The following table shows circumstances under which we may give an oral approval.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">When you . . .
</TH><TH class="gpotbl_colhed" scope="col">We may . . .
</TH><TH class="gpotbl_colhed" scope="col">And . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Request approval orally,</TD><TD align="left" class="gpotbl_cell">Give you an oral approval,</TD><TD align="left" class="gpotbl_cell">You must then confirm the oral request by sending us a written request within 72 hours.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Request approval in writing,</TD><TD align="left" class="gpotbl_cell">Give you an oral approval if quick action is needed,</TD><TD align="left" class="gpotbl_cell">We will send you a written approval afterward. It will include any conditions that we place on the oral approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Request approval orally for gas flaring,</TD><TD align="left" class="gpotbl_cell">Give you an oral approval,</TD><TD align="left" class="gpotbl_cell">You don't have to follow up with a written request unless the Regional Supervisor requires it. When you stop the approved flaring, you must promptly send a letter summarizing the location, dates and hours, and volumes of liquid hydrocarbons produced and gas flared by the approved flaring (see 30 CFR 250, subpart K).</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.141" NODE="30:2.0.1.2.3.1.75.33" TYPE="SECTION">
<HEAD>§ 250.141   May I ever use alternate procedures or equipment?</HEAD>
<P>You may use alternate procedures or equipment after receiving approval as described in this section.
</P>
<P>(a) Any alternate procedures or equipment that you propose to use must provide a level of safety and environmental protection that equals or surpasses current BSEE requirements.
</P>
<P>(b) You must receive the District Manager's or Regional Supervisor's written approval before you can use alternate procedures or equipment.
</P>
<P>(c) To receive approval, you must either submit information or give an oral presentation to the appropriate Regional Supervisor. Your presentation must describe the site-specific application(s), performance characteristics, and safety features of the proposed procedure or equipment.


</P>
</DIV8>


<DIV8 N="§ 250.142" NODE="30:2.0.1.2.3.1.75.34" TYPE="SECTION">
<HEAD>§ 250.142   How do I receive approval for departures?</HEAD>
<P>We may approve departures to the operating requirements. You may apply for a departure by writing to the District Manager or Regional Supervisor.


</P>
</DIV8>


<DIV8 N="§§ 250.143-250.144" NODE="30:2.0.1.2.3.1.75.35" TYPE="SECTION">
<HEAD>§§ 250.143-250.144   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.145" NODE="30:2.0.1.2.3.1.75.36" TYPE="SECTION">
<HEAD>§ 250.145   How do I designate an agent or a local agent?</HEAD>
<P>(a) You or your designated operator may designate for the Regional Supervisor's approval, or the Regional Director may require you to designate an agent empowered to fulfill your obligations under the Act, the lease, or the regulations in this part.
</P>
<P>(b) You or your designated operator may designate for the Regional Supervisor's approval a local agent empowered to receive notices and submit requests, applications, notices, or supplemental information.


</P>
</DIV8>


<DIV8 N="§ 250.146" NODE="30:2.0.1.2.3.1.75.37" TYPE="SECTION">
<HEAD>§ 250.146   Who is responsible for fulfilling leasehold obligations?</HEAD>
<P>(a) When you are not the sole lessee, you and your co-lessee(s) are jointly and severally responsible for fulfilling your obligations under the provisions of 30 CFR parts 250 through 282 and 30 CFR parts 550 through 582 unless otherwise provided in these regulations.
</P>
<P>(b) If your designated operator fails to fulfill any of your obligations under 30 CFR parts 250 through 282 and 30 CFR parts 550 through 582, the Regional Supervisor may require you or any or all of your co-lessees to fulfill those obligations or other operational obligations under the Act, the lease, or the regulations.
</P>
<P>(c) Whenever the regulations in 30 CFR parts 250 through 282 and 30 CFR parts 550 through 582 require the lessee to meet a requirement or perform an action, the lessee, operator (if one has been designated), and the person actually performing the activity to which the requirement applies are jointly and severally responsible for complying with the regulation.


</P>
</DIV8>

</DIV7>


<DIV7 N="76" NODE="30:2.0.1.2.3.1.76" TYPE="SUBJGRP">
<HEAD>Naming and Identifying Facilities and Wells (Does Not Include MODUs)</HEAD>


<DIV8 N="§ 250.150" NODE="30:2.0.1.2.3.1.76.38" TYPE="SECTION">
<HEAD>§ 250.150   How do I name facilities and wells in the Gulf of America Region?</HEAD>
<P>(a) Assign each facility a letter designation except for those types of facilities identified in paragraph (c)(1) of this section. For example, A, B, CA, or CB.
</P>
<P>(1) After a facility is installed, rename each predrilled well that was assigned only a number and was suspended temporarily at the mudline or at the surface. Use a letter and number designation. The letter used must be the same as that of the production facility, and the number used must correspond to the order in which the well was completed, not necessarily the number assigned when it was drilled. For example, the first well completed for production on Facility A would be renamed Well A-1, the second would be Well A-2, and so on; and
</P>
<P>(2) When you have more than one facility on a block, each facility installed, and not bridge-connected to another facility, must be named using a different letter in sequential order. For example, EC 222A, EC 222B, EC 222C.
</P>
<P>(3) When you have more than one facility on multiple blocks in a local area being co-developed, each facility installed and not connected with a walkway to another facility should be named using a different letter in sequential order with the block number corresponding to the block on which the platform is located. For example, EC 221A, EC 222B, and EC 223C.
</P>
<P>(b) In naming multiple well caissons, you must assign a letter designation.
</P>
<P>(c) In naming single well caissons, you must use certain criteria as follows:
</P>
<P>(1) For single well caissons not attached to a facility with a walkway, use the well designation. For example, Well No. 1;
</P>
<P>(2) For single well caissons attached to a facility with a walkway, use the same designation as the facility. For example, rename Well No.10 as A-10; and
</P>
<P>(3) For single well caissons with production equipment, use a letter designation for the facility name and a letter plus number designation for the well. For example, the Well No. 1 caisson would be designated as Facility A, and the well would be Well A-1.


</P>
</DIV8>


<DIV8 N="§ 250.151" NODE="30:2.0.1.2.3.1.76.39" TYPE="SECTION">
<HEAD>§ 250.151   How do I name facilities in the Pacific Region?</HEAD>
<P>The operator assigns a name to the facility.


</P>
</DIV8>


<DIV8 N="§ 250.152" NODE="30:2.0.1.2.3.1.76.40" TYPE="SECTION">
<HEAD>§ 250.152   How do I name facilities in the Alaska Region?</HEAD>
<P>Facilities will be named and identified according to the Regional Director's directions.


</P>
</DIV8>


<DIV8 N="§ 250.153" NODE="30:2.0.1.2.3.1.76.41" TYPE="SECTION">
<HEAD>§ 250.153   Do I have to rename an existing facility or well?</HEAD>
<P>You do not have to rename facilities installed and wells drilled before January 27, 2000, unless the Regional Director requires it.


</P>
</DIV8>


<DIV8 N="§ 250.154" NODE="30:2.0.1.2.3.1.76.42" TYPE="SECTION">
<HEAD>§ 250.154   What identification signs must I display?</HEAD>
<P>(a) You must identify all facilities, artificial islands, and mobile offshore drilling units with a sign maintained in a legible condition.
</P>
<P>(1) You must display an identification sign that can be viewed from the waterline on at least one side of the platform. The sign must use at least 3-inch letters and figures.
</P>
<P>(2) When helicopter landing facilities are present, you must display an additional identification sign that is visible from the air. The sign must use at least 12-inch letters and figures and must also display the weight capacity of the helipad unless noted on the top of the helipad. If this sign is visible to both helicopter and boat traffic, then the sign in paragraph (a)(1) of this section is not required.
</P>
<P>(3) Your identification sign must:
</P>
<P>(i) List the name of the lessee or designated operator;
</P>
<P>(ii) In the GOA-OCS Region, list the area designation or abbreviation and the block number of the facility location as depicted on OCS Official Protraction Diagrams or leasing maps;
</P>
<P>(iii) In the Pacific OCS Region, list the lease number on which the facility is located; and
</P>
<P>(iv) List the name of the platform, structure, artificial island, or mobile offshore drilling unit.


</P>
<P>(b) You must identify singly completed wells and multiple completions as follows:
</P>
<P>(1) For each singly completed well, list the lease number and well number on the wellhead or on a sign affixed to the wellhead;
</P>
<P>(2) For wells with multiple completions, downhole splitter wells, and multilateral wells, identify each completion in addition to the well name and lease number individually on the well flowline at the wellhead; and
</P>
<P>(3) For subsea wells that flow individually into separate pipelines, affix the required sign on the pipeline or surface flowline dedicated to that subsea well at a convenient location on the receiving platform. For multiple subsea wells that flow into a common pipeline or pipelines, no sign is required.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44326, Sept. 15, 2025]




</CITA>
</DIV8>


<DIV8 N="§§ 250.160-250.167" NODE="30:2.0.1.2.3.1.76.43" TYPE="SECTION">
<HEAD>§§ 250.160-250.167   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="77" NODE="30:2.0.1.2.3.1.77" TYPE="SUBJGRP">
<HEAD>Suspensions</HEAD>


<DIV8 N="§ 250.168" NODE="30:2.0.1.2.3.1.77.44" TYPE="SECTION">
<HEAD>§ 250.168   May operations or production be suspended?</HEAD>
<P>(a) You may request approval of a suspension, or the Regional Supervisor may direct a suspension (Directed Suspension), for all or any part of a lease or unit area.
</P>
<P>(b) Depending on the nature of the suspended activity, suspensions are labeled either Suspensions of Operations (SOO) or Suspensions of Production (SOP).


</P>
</DIV8>


<DIV8 N="§ 250.169" NODE="30:2.0.1.2.3.1.77.45" TYPE="SECTION">
<HEAD>§ 250.169   What effect does suspension have on my lease?</HEAD>
<P>(a) A suspension may extend the term of a lease (see § 250.180(b), (d), and (e)). The extension is equal to the length of time the suspension is in effect, except as provided in paragraph (b) of this section.
</P>
<P>(b) A Directed Suspension does not extend the term of a lease when the Regional Supervisor <I>directs</I> a suspension because of:
</P>
<P>(1) Gross negligence; or
</P>
<P>(2) A willful violation of a provision of the lease or governing statutes and regulations.


</P>
</DIV8>


<DIV8 N="§ 250.170" NODE="30:2.0.1.2.3.1.77.46" TYPE="SECTION">
<HEAD>§ 250.170   How long does a suspension last?</HEAD>
<P>(a) BSEE may issue suspensions for up to 5 years per suspension. The Regional Supervisor will set the length of the suspension based on the conditions of the individual case involved. BSEE may grant consecutive suspension periods.
</P>
<P>(b) An SOO ends automatically when the suspended operation commences.
</P>
<P>(c) An SOP ends automatically when production begins.
</P>
<P>(d) A Directed Suspension normally ends as specified in the letter directing the suspension.
</P>
<P>(e) BSEE may terminate any suspension when the Regional Supervisor determines the circumstances that justified the suspension no longer exist or that other lease conditions warrant termination. The Regional Supervisor will notify you of the reasons for termination and the effective date.


</P>
</DIV8>


<DIV8 N="§ 250.171" NODE="30:2.0.1.2.3.1.77.47" TYPE="SECTION">
<HEAD>§ 250.171   How do I request a suspension?</HEAD>
<XREF ID="20260610" REFID="10">Link to an amendment published at 91 FR 35346, June 10, 2026.</XREF>
<P>You must submit your request for a suspension to the Regional Supervisor, and BSEE must receive the request before the end of the lease term (<I>i.e.,</I> end of primary term, end of the 1-year period following the last leaseholding operation, and end of a current suspension). Your request must include:
</P>
<P>(a) The justification for the suspension including the length of suspension requested;
</P>
<P>(b) A reasonable schedule of work leading to the commencement or restoration of the suspended activity;
</P>
<P>(c) A statement that a well has been drilled on the lease and determined to be producible according to § 250.1603 (SOP only), 30 CFR 550.115, or 30 CFR 550.116;
</P>
<P>(d) A commitment to production (SOP only); and
</P>
<P>(e) The service fee listed in § 250.125 of this subpart.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 82 FR 26744, June 9, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 250.172" NODE="30:2.0.1.2.3.1.77.48" TYPE="SECTION">
<HEAD>§ 250.172   When may the Regional Supervisor grant or direct an SOO or SOP?</HEAD>
<P>The Regional Supervisor may grant or direct an SOO or SOP under any of the following circumstances:
</P>
<P>(a) When necessary to comply with judicial decrees prohibiting any activities or the permitting of those activities. The effective date of the suspension will be the effective date required by the action of the court;
</P>
<P>(b) When activities pose a threat of serious, irreparable, or immediate harm or damage. This would include a threat to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment. BSEE may require you to do a site-specific study (see § 250.177(a)).
</P>
<P>(c) When necessary for the installation of safety or environmental protection equipment;
</P>
<P>(d) When necessary to carry out the requirements of NEPA or to conduct an environmental analysis; or
</P>
<P>(e) When necessary to allow for inordinate delays encountered in obtaining required permits or consents, including administrative or judicial challenges or appeals.


</P>
</DIV8>


<DIV8 N="§ 250.173" NODE="30:2.0.1.2.3.1.77.49" TYPE="SECTION">
<HEAD>§ 250.173   When may the Regional Supervisor direct an SOO or SOP?</HEAD>
<P>The Regional Supervisor may direct a suspension when:
</P>
<P>(a) You failed to comply with an applicable law, regulation, order, or provision of a lease or permit; or
</P>
<P>(b) The suspension is in the interest of National security or defense.


</P>
</DIV8>


<DIV8 N="§ 250.174" NODE="30:2.0.1.2.3.1.77.50" TYPE="SECTION">
<HEAD>§ 250.174   When may the Regional Supervisor grant or direct an SOP?</HEAD>
<P>The Regional Supervisor may grant or direct an SOP when the suspension is in the National interest, and it is necessary because the suspension will meet one of the following criteria:
</P>
<P>(a) It will allow you to properly develop a lease, including time to construct and install production facilities;
</P>
<P>(b) It will allow you time to obtain adequate transportation facilities;
</P>
<P>(c) It will allow you time to enter a sales contract for oil, gas, or sulphur. You must show that you are making an effort to enter into the contract(s); or
</P>
<P>(d) It will avoid continued operations that would result in premature abandonment of a producing well(s).


</P>
</DIV8>


<DIV8 N="§ 250.175" NODE="30:2.0.1.2.3.1.77.51" TYPE="SECTION">
<HEAD>§ 250.175   When may the Regional Supervisor grant an SOO?</HEAD>
<P>(a) The Regional Supervisor may grant an SOO when necessary to allow you time to begin drilling or other operations when you are prevented by reasons beyond your control, such as unexpected weather, unavoidable accidents, or drilling rig delays.
</P>
<P>(b) The Regional Supervisor may grant an SOO when all of the following conditions are met:
</P>
<P>(1) The lease was issued with a primary lease term of 5 years, or with a primary term of 8 years with a requirement to drill within 5 years;
</P>
<P>(2) Before the end of the third year of the primary term, you or your predecessor in interest must have acquired and interpreted geophysical information that indicates:
</P>
<P>(i) The presence of a salt sheet;
</P>
<P>(ii) That all or a portion of a potential hydrocarbon-bearing formation may lie beneath or adjacent to the salt sheet; and
</P>
<P>(iii) The salt sheet interferes with identification of the potential hydrocarbon-bearing formation.
</P>
<P>(3) The interpreted geophysical information required under paragraph (b)(2) of this section must include full 3-D depth migration beneath the salt sheet and over the entire lease area.
</P>
<P>(4) Before requesting the suspension, you have conducted or are conducting additional data processing or interpretation of the geophysical information with the objective of identifying a potential hydrocarbon-bearing formation.
</P>
<P>(5) You demonstrate that additional time is necessary to:
</P>
<P>(i) Complete current processing or interpretation of existing geophysical data or information;
</P>
<P>(ii) Acquire, process, or interpret new geophysical data or information; or
</P>
<P>(iii) Drill into the potential hydrocarbon-bearing formation identified as a result of the activities conducted in paragraphs (b)(2), (b)(4), and (b)(5) of this section.
</P>
<P>(c) The Regional Supervisor may grant an SOO to conduct additional geological and geophysical data analysis that may lead to the drilling of a well below 25,000 feet true vertical depth below the datum at mean sea level (TVD SS) when all of the following conditions are met:
</P>
<P>(1) The lease was issued with a primary lease term of:
</P>
<P>(i) Five years; or
</P>
<P>(ii) Eight years with a requirement to drill within 5 years.
</P>
<P>(2) Before the end of the fifth year of the primary term, you or your predecessor in interest must have acquired and interpreted geophysical information that:
</P>
<P>(i) Indicates that all or a portion of a potential hydrocarbon-bearing formation lies below 25,000 feet TVD SS; and
</P>
<P>(ii) Includes full 3-D depth migration over the entire lease area.
</P>
<P>(3) Before requesting the suspension, you have conducted or are conducting additional data processing or interpretation of the geophysical information with the objective of identifying a potential hydrocarbon-bearing geologic structure or stratigraphic trap lying below 25,000 feet TVD SS.
</P>
<P>(4) You demonstrate that additional time is necessary to:
</P>
<P>(i) Complete current processing or interpretation of existing geophysical data or information;
</P>
<P>(ii) Acquire, process, or interpret new geophysical or geological data or information that would affect the decision to drill the same geologic structure or stratigraphic trap, as determined by the Regional Supervisor, identified in paragraphs (c)(2) and (c)(3) of this section; or
</P>
<P>(iii) Drill a well below 25,000 feet TVD SS into the geologic structure or stratigraphic trap identified as a result of the activities conducted in paragraphs (c)(2), (c)(3), and (c)(4)(i) and (ii) of this section.


</P>
</DIV8>


<DIV8 N="§ 250.176" NODE="30:2.0.1.2.3.1.77.52" TYPE="SECTION">
<HEAD>§ 250.176   Does a suspension affect my royalty payment?</HEAD>
<P>A directed suspension may affect the payment of rental or royalties for the lease as provided in 30 CFR 1218.154.


</P>
</DIV8>


<DIV8 N="§ 250.177" NODE="30:2.0.1.2.3.1.77.53" TYPE="SECTION">
<HEAD>§ 250.177   What additional requirements may the Regional Supervisor order for a suspension?</HEAD>
<P>If BSEE grants or directs a suspension under paragraph § 250.172(b), the Regional Supervisor may require you to:
</P>
<P>(a) Conduct a site-specific study.
</P>
<P>(1) The Regional Supervisor must approve or prescribe the scope for any site-specific study that you perform.
</P>
<P>(2) The study must evaluate the cause of the hazard, the potential damage, and the available mitigation measures.
</P>
<P>(3) You must pay for the study unless you request, and the Regional Supervisor agrees to arrange, payment by another party.
</P>
<P>(4) You must furnish copies and results of the study to the Regional Supervisor.
</P>
<P>(5) BSEE will make the results available to other interested parties and to the public.
</P>
<P>(6) The Regional Supervisor will use the results of the study and any other information that becomes available:
</P>
<P>(i) To decide if the suspension can be lifted; and
</P>
<P>(ii) To determine any actions that you must take to mitigate or avoid any damage to the environment, life, or property.
</P>
<P>(b) Submit a revised Exploration Plan (including any required mitigating measures);
</P>
<P>(c) Submit a revised Development and Production Plan (including any required mitigating measures); or
</P>
<P>(d) Submit a revised Development Operations Coordination Document according to 30 CFR part 550, subpart B.


</P>
</DIV8>

</DIV7>


<DIV7 N="78" NODE="30:2.0.1.2.3.1.78" TYPE="SUBJGRP">
<HEAD>Primary Lease Requirements, Lease Term Extensions, and Lease Cancellations</HEAD>


<DIV8 N="§ 250.180" NODE="30:2.0.1.2.3.1.78.54" TYPE="SECTION">
<HEAD>§ 250.180   What am I required to do to keep my lease term in effect?</HEAD>
<P>(a) If your lease is in its primary term:
</P>
<P>(1) You must submit a report to the District Manager according to paragraphs (h) and (i) of this section whenever production begins initially, whenever production ceases during the last year of the primary term, and whenever production resumes during the last year of the primary term.
</P>
<P>(2) Your lease expires at the end of its primary term unless you are conducting operations on your lease (see 30 CFR part 556). For purposes of this section, the term <I>operations</I> means, drilling, well-reworking, or production in paying quantities. The objective of the drilling or well-reworking must be to establish production in paying quantities on the lease.
</P>
<P>(b) If you stop conducting operations during the last year of your primary lease term, your lease will expire unless you either resume operations or receive an SOO or an SOP from the Regional Supervisor under § 250.172, § 250.173, § 250.174, or § 250.175 before the end of the year after you stop operations.
</P>
<P>(c) If you extend your lease term under paragraph (b) of this section, you must pay rental or minimum royalty, as appropriate, for each year or part of the year during which your lease continues in force beyond the end of the primary lease term.
</P>
<P>(d) If you stop conducting operations on a lease that has continued beyond its primary term, your lease will expire unless you resume operations or receive an SOO or an SOP from the Regional Supervisor under § 250.172, § 250.173, § 250.174, or § 250.175 before the end of the year after you stop operations.
</P>
<P>(e) You may ask the Regional Supervisor to allow you more than a year to resume operations on a lease continued beyond its primary term when operating conditions warrant. The request must be in writing and explain the operating conditions that warrant a longer period. In allowing additional time, the Regional Supervisor must determine that the longer period is in the National interest, and it conserves resources, prevents waste, or protects correlative rights.
</P>
<P>(f) When you begin conducting operations on a lease that has continued beyond its primary term, you must immediately notify the District Manager either orally or by fax or e-mail and follow up with a written report according to paragraph (g) of this section.
</P>
<P>(g) If your lease is continued beyond its primary term, you must submit a report to the District Manager under paragraphs (h) and (i) of this section whenever production begins initially, whenever production ceases, whenever production resumes before the end of the 1-year period after having ceased, or whenever drilling or well-reworking operations begin before the end of the 1-year period.
</P>
<P>(h) The reports required by paragraphs (a) and (g) of this section must contain:
</P>
<P>(1) Name of lessee or operator;
</P>
<P>(2) The well number, lease number, area, and block;
</P>
<P>(3) As appropriate, the unit agreement name and number; and
</P>
<P>(4) A description of the operation and pertinent dates.
</P>
<P>(i) You must submit the reports required by paragraphs (a) and (g) of this section within the following timeframes:
</P>
<P>(1) Initialization of production—within 5 days of initial production.
</P>
<P>(2) Cessation of production—within 15 days after the first full month of zero production.
</P>
<P>(3) Resumption of production—within 5 days of resuming production after ceasing production under paragraph (i)(2) of this section.
</P>
<P>(4) Drilling or well reworking operations—within 5 days of beginning and completing the leaseholding operations.
</P>
<P>(j) For leases continued beyond the primary term, you must immediately report to the District Manager if operations do not begin before the end of the 1-year period.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 82 FR 26744, June 9, 2017]


</CITA>
</DIV8>


<DIV8 N="§§ 250.181-250.185" NODE="30:2.0.1.2.3.1.78.55" TYPE="SECTION">
<HEAD>§§ 250.181-250.185   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="79" NODE="30:2.0.1.2.3.1.79" TYPE="SUBJGRP">
<HEAD>Information and Reporting Requirements</HEAD>


<DIV8 N="§ 250.186" NODE="30:2.0.1.2.3.1.79.56" TYPE="SECTION">
<HEAD>§ 250.186   What reporting information and report forms must I submit?</HEAD>
<P>(a) You must submit information and reports as BSEE requires.
</P>
<P>(1) You may obtain copies of forms from, and submit completed forms to, the District Manager or Regional Supervisor.
</P>
<P>(2) Instead of paper copies of forms available from the District Manager or Regional Supervisor, you may use your own computer-generated forms that are equal in size to BSEE's forms. You must arrange the data on your form identical to the BSEE form. If you generate your own form and it omits terms and conditions contained on the official BSEE form, we will consider it to contain the omitted terms and conditions.
</P>
<P>(3) You may submit digital data when the Region/District is equipped to accept it.
</P>
<P>(b) When BSEE specifies, you must include, for public information, an additional copy of such reports.
</P>
<P>(1) You must mark it <I>Public Information</I>
</P>
<P>(2) You must include all required information, except information exempt from public disclosure under § 250.197 or otherwise exempt from public disclosure under law or regulation.


</P>
</DIV8>


<DIV8 N="§ 250.187" NODE="30:2.0.1.2.3.1.79.57" TYPE="SECTION">
<HEAD>§ 250.187   What are BSEE's incident reporting requirements?</HEAD>
<P>(a) You must report all incidents listed in § 250.188(a) and (b) to the District Manager. The specific reporting requirements for these incidents are contained in §§ 250.189 and 250.190.
</P>
<P>(b) These reporting requirements apply to incidents that occur on the area covered by your lease, right-of-use and easement, pipeline right-of-way, or other permit issued by BOEM or BSEE, and that are related to operations resulting from the exercise of your rights under your lease, right-of-use and easement, pipeline right-of-way, or permit.
</P>
<P>(c) Nothing in this subpart relieves you from making notifications and reports of incidents that may be required by other regulatory agencies.
</P>
<P>(d) You must report all spills of oil or other liquid pollutants in accordance with 30 CFR 254.46.


</P>
</DIV8>


<DIV8 N="§ 250.188" NODE="30:2.0.1.2.3.1.79.58" TYPE="SECTION">
<HEAD>§ 250.188   What incidents must I report to BSEE and when must I report them?</HEAD>
<P>(a) You must report the following incidents to the District Manager immediately via oral communication, and provide a written follow-up report (hard copy or electronically transmitted) within 15 calendar days after the incident:
</P>
<P>(1) All fatalities.
</P>
<P>(2) All injuries that require the evacuation of the injured person(s) from the facility to shore or to another offshore facility.
</P>
<P>(3) All losses of well control. “Loss of well control” means:
</P>
<P>(i) Uncontrolled flow of formation or other fluids. The flow may be to an exposed formation (an underground blowout) or at the surface (a surface blowout);
</P>
<P>(ii) Flow through a diverter; or
</P>
<P>(iii) Uncontrolled flow resulting from a failure of surface equipment or procedures.
</P>
<P>(4) All fires and explosions.
</P>
<P>(5) All reportable releases of hydrogen sulfide (H<E T="52">2</E>S) gas, as defined in § 250.490(l).
</P>
<P>(6) All collisions that result in property or equipment damage greater than $25,000. “Collision” means the act of a moving vessel (including an aircraft) striking another vessel, or striking a stationary vessel or object (e.g., a boat striking a drilling rig or platform). “Property or equipment damage” means the cost of labor and material to restore all affected items to their condition before the damage, including, but not limited to, the OCS facility, a vessel, helicopter, or equipment. It does not include the cost of salvage, cleaning, gas-freeing, dry docking, or demurrage.
</P>
<P>(7) All incidents involving structural damage to an OCS facility. “Structural damage” means damage severe enough so that operations on the facility cannot continue until repairs are made.
</P>
<P>(8) All incidents involving crane or personnel/material handling operations.
</P>
<P>(9) All incidents that damage or disable safety systems or equipment (including firefighting systems).
</P>
<P>(b) You must provide a written report of the following incidents to the District Manager within 15 calendar days after the incident:
</P>
<P>(1) Any injuries that result in one or more days away from work or one or more days on restricted work or job transfer. One or more days means the injured person was not able to return to work or to all of their normal duties the day after the injury occurred;
</P>
<P>(2) All gas releases that initiate equipment or process shutdown;
</P>
<P>(3) All incidents that require operations personnel on the facility to muster for evacuation for reasons not related to weather or drills;
</P>
<P>(4) All other incidents, not listed in paragraph (a) of this section, resulting in property or equipment damage greater than $25,000.
</P>
<P>(c) On the Arctic OCS, in addition to the requirements of paragraphs (a) and (b) of this section, you must provide to the BSEE inspector on location, if one is present, or to the Regional Supervisor, both of the following:
</P>
<P>(1) An immediate oral report if any of the following occur:
</P>
<P>(i) Any sea ice movement or condition that has the potential to affect your operation or trigger ice management activities;
</P>
<P>(ii) The start and termination of ice management activities; or
</P>
<P>(iii) Any “kicks” or operational issues that are unexpected and could result in the loss of well control.
</P>
<P>(2) Within 24 hours after completing ice management activities, a written report of such activities that conforms to the content requirements in § 250.190.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 46560, July 15, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.189" NODE="30:2.0.1.2.3.1.79.59" TYPE="SECTION">
<HEAD>§ 250.189   Reporting requirements for incidents requiring immediate notification.</HEAD>
<P>For an incident requiring immediate notification under § 250.188(a), you must notify the District Manager via oral communication immediately after aiding the injured and stabilizing the situation. Your oral communication must provide the following information:
</P>
<P>(a) Date and time of occurrence;
</P>
<P>(b) Operator, and operator representative's, name and telephone number;
</P>
<P>(c) Contractor, and contractor representative's name and telephone number (if a contractor is involved in the incident or injury/fatality);
</P>
<P>(d) Lease number, OCS area, and block;
</P>
<P>(e) Platform/facility name and number, or pipeline segment number;
</P>
<P>(f) Type of incident or injury/fatality;
</P>
<P>(g) Operation or activity at time of incident (<I>i.e.,</I> drilling, production, workover, completion, pipeline, crane, <I>etc.</I>); and
</P>
<P>(h) Description of the incident, damage, or injury/fatality.


</P>
</DIV8>


<DIV8 N="§ 250.190" NODE="30:2.0.1.2.3.1.79.60" TYPE="SECTION">
<HEAD>§ 250.190   Reporting requirements for incidents requiring written notification.</HEAD>
<P>(a) For any incident covered under § 250.188, you must submit a written report within 15 calendar days after the incident to the District Manager. The report must contain the following information:
</P>
<P>(1) Date and time of occurrence;
</P>
<P>(2) Operator, and operator representative's name and telephone number;
</P>
<P>(3) Contractor, and contractor representative's name and telephone number (if a contractor is involved in the incident or injury);
</P>
<P>(4) Lease number, OCS area, and block;
</P>
<P>(5) Platform/facility name and number, or pipeline segment number;
</P>
<P>(6) Type of incident or injury;
</P>
<P>(7) Operation or activity at time of incident (<I>i.e.,</I> drilling, production, workover, completion, pipeline, crane <I>etc.</I>);
</P>
<P>(8) Description of incident, damage, or injury (including days away from work, restricted work or job transfer), and any corrective action taken; and
</P>
<P>(9) Property or equipment damage estimate (in U.S. dollars).
</P>
<P>(b) You may submit a report or form prepared for another agency in lieu of the written report required by paragraph (a) of this section, provided the report or form contains all required information.
</P>
<P>(c) The District Manager may require you to submit additional information about an incident on a case-by-case basis.


</P>
</DIV8>


<DIV8 N="§ 250.191" NODE="30:2.0.1.2.3.1.79.61" TYPE="SECTION">
<HEAD>§ 250.191   How does BSEE conduct incident investigations?</HEAD>
<P>Any investigation that BSEE conducts under the authority of sections 22(d)(1) and (2) of the Act (43 U.S.C. 1348(d)(1) and (2)) is a fact-finding proceeding with no adverse parties. The purpose of the investigation is to prepare a public report that determines the cause or causes of the incident. The investigation may involve panel meetings conducted by a chairperson appointed by BSEE. The following requirements apply to any panel meetings involving persons giving testimony:
</P>
<P>(a) A person giving testimony may have legal or other representative(s) present to provide advice or counsel while the person is giving testimony. The chairperson may require a verbatim transcript to be made of all oral testimony. The chairperson also may accept a sworn written statement in lieu of oral testimony.
</P>
<P>(b) Only panel members, and any experts the panel deems necessary, may address questions to any person giving testimony.
</P>
<P>(c) The chairperson may issue subpoenas to persons to appear and provide testimony or documents at a panel meeting. A subpoena may not require a person to attend a panel meeting held at a location more than 100 miles from where a subpoena is served.
</P>
<P>(d) Any person giving testimony may request compensation for mileage, and fees for services, within 90 days after the panel meeting. The compensated expenses must be similar to mileage and fees the U.S. District Courts allow.


</P>
</DIV8>


<DIV8 N="§ 250.192" NODE="30:2.0.1.2.3.1.79.62" TYPE="SECTION">
<HEAD>§ 250.192   What reports and statistics must I submit relating to a hurricane, earthquake, or other natural occurrence?</HEAD>
<P>(a) You must submit evacuation statistics to the Regional Supervisor for a natural occurrence, such as a hurricane, a tropical storm, or an earthquake. Statistics include facilities and rigs evacuated and the amount of production shut-in for gas and oil. You must:
</P>
<P>(1) Submit the statistics by fax or email (for activities in the BSEE GOA-OCS Region, use Form BSEE-0132) as soon as possible when evacuation occurs. In lieu of submitting your statistics by fax or email, you may submit them electronically in accordance with 30 CFR 250.186(a)(3);
</P>
<P>(2) Submit the statistics on a daily basis by 11 a.m., as conditions allow, during the period of shut-in and evacuation;
</P>
<P>(3) Inform BSEE when you resume production; and
</P>
<P>(4) Submit the statistics either by BSEE district, or the total figures for your operations in a BSEE region.


</P>
<P>(b) If your facility, production equipment, or pipeline is damaged by a natural occurrence, you must:
</P>
<P>(1) Submit an initial damage report to the Regional Supervisor within 48 hours after you complete your initial evaluation of the damage. You must use Form BSEE-0143, Facility/Equipment Damage Report, to make this and all subsequent reports. In lieu of submitting Form BSEE-0143 by fax or e-mail, you may submit the damage report electronically in accordance with 30 CFR 250.186(a)(3). In the report, you must:
</P>
<P>(i) Name the items damaged (e.g., platform or other structure, production equipment, pipeline);
</P>
<P>(ii) Describe the damage and assess the extent of the damage (major, medium, minor); and
</P>
<P>(iii) Estimate the time it will take to replace or repair each damaged structure and piece of equipment and return it to service. The initial estimate need not be provided on the form until availability of hardware and repair capability has been established (not to exceed 30 days from your initial report).
</P>
<P>(2) Submit subsequent reports monthly and immediately whenever information submitted in previous reports changes until the damaged structure or equipment is returned to service. In the final report, you must provide the date the item was returned to service.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44326, Sept. 15, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 250.193" NODE="30:2.0.1.2.3.1.79.63" TYPE="SECTION">
<HEAD>§ 250.193   Reports and investigations of possible violations.</HEAD>
<P>(a) Any person may report to BSEE any hazardous or unsafe working condition on any facility engaged in OCS activities, and any possible violation or failure to comply with:
</P>
<P>(1) Any provision of the Act,
</P>
<P>(2) Any provision of a lease, approved plan, or permit issued under the Act,
</P>
<P>(3) Any provision of any regulation or order issued under the Act, or
</P>
<P>(4) Any other Federal law relating to safety of offshore oil and gas operations.
</P>
<P>(b) To make a report under this section, a person is not required to know whether any legal requirement listed in paragraph (a) of this section has been violated.
</P>
<P>(c) When BSEE receives a report of a possible violation, or when a BSEE employee detects a possible violation, BSEE will investigate according to BSEE procedures and notify any other Federal agency(ies) for further investigation, as appropriate.
</P>
<P>(d) BSEE investigations of possible violations may include:
</P>
<P>(1) Conducting interviews of personnel;
</P>
<P>(2) Requiring the prompt production of documents, data, and other evidence;
</P>
<P>(3) Requiring the preservation of all relevant evidence and access for BSEE investigators to such evidence; and
</P>
<P>(4) Taking other actions and imposing other requirements as necessary to investigate possible violations and assure an orderly investigation.
</P>
<P>(e)(1) Reports should contain sufficient credible information to establish a reasonable basis for BSEE to investigate whether a violation or other hazardous or unsafe working condition exists.
</P>
<P>(2) To report hazardous or unsafe working conditions or a possible violation:
</P>
<P>(i) Contact BSEE by:
</P>
<P>(A) Phone at 1-877-440-0173 (BSEE Toll-free Safety Hotline),
</P>
<P>(B) Internet at <I>www.bsee.gov,</I> or
</P>
<P>(C) Mail to: U.S. DOI/BSEE, 1849 C Street NW., Mail Stop 5438, Washington, DC 20240 Attention: IRU Hotline Operations.
</P>
<P>(ii) Include the following items in the report:
</P>
<P>(A) Name, address, and telephone number should be provided if you do not want to remain anonymous;
</P>
<P>(B) The specific concern, provision or Federal law, if known, referenced in (a) that a person violated or with which a person failed to comply; and
</P>
<P>(C) Any other facts, data, and applicable information.
</P>
<P>(f) When a possible violation is reported, BSEE will protect a person's identity to the extent authorized by law.
</P>
<CITA TYPE="N">[78 FR 20439, Apr. 5, 2013, as amended at 81 FR 36149, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.194" NODE="30:2.0.1.2.3.1.79.64" TYPE="SECTION">
<HEAD>§ 250.194   How must I protect archaeological resources?</HEAD>
<P>(a)-(b) [Reserved]
</P>
<P>(c) If you discover any archaeological resource while conducting operations in the lease or right-of-way area, you must immediately halt operations within the area of the discovery and report the discovery to the BSEE Regional Director. If investigations determine that the resource is significant, the Regional Director will tell you how to protect it.


</P>
</DIV8>


<DIV8 N="§ 250.195" NODE="30:2.0.1.2.3.1.79.65" TYPE="SECTION">
<HEAD>§ 250.195   What notification does BSEE require on the production status of wells?</HEAD>
<P>You must notify the appropriate BSEE District Manager when you successfully complete or recomplete a well for production. You must:
</P>
<P>(a) Notify the District Manager within 5 working days of placing the well in a production status. You must confirm oral notification by telefax or e-mail within those 5 working days.
</P>
<P>(b) Provide the following information in your notification:
</P>
<P>(1) Lessee or operator name;
</P>
<P>(2) Well number, lease number, and OCS area and block designations;
</P>
<P>(3) Date you placed the well on production (indicate whether or not this is first production on the lease);
</P>
<P>(4) Type of production; and
</P>
<P>(5) Measured depth of the production interval.


</P>
</DIV8>


<DIV8 N="§ 250.196" NODE="30:2.0.1.2.3.1.79.66" TYPE="SECTION">
<HEAD>§ 250.196   Reimbursements for reproduction and processing costs.</HEAD>
<P>(a) BSEE will reimburse you for costs of reproducing data and information that the Regional Director requests if:
</P>
<P>(1) You deliver geophysical and geological (G&amp;G) data and information to BSEE for the Regional Director to inspect or select and retain;
</P>
<P>(2) BSEE receives your request for reimbursement and the Regional Director determines that the requested reimbursement is proper; and
</P>
<P>(3) The cost is at your lowest rate or at the lowest commercial rate established in the area, whichever is less.
</P>
<P>(b) BSEE will reimburse you for the costs of processing geophysical information (that does not include cost of data acquisition):
</P>
<P>(1) If, at the request of the Regional Director, you processed the geophysical data or information in a form or manner other than that used in the normal conduct of business; or
</P>
<P>(2) If you collected the information under a permit that BSEE issued to you before October 1, 1985, and the Regional Director requests and retains the information.
</P>
<P>(c) When you request reimbursement, you must identify reproduction and processing costs separately from acquisition costs.
</P>
<P>(d) BSEE will not reimburse you for data acquisition costs or for the costs of analyzing or processing geological information or interpreting geological or geophysical information.


</P>
</DIV8>


<DIV8 N="§ 250.197" NODE="30:2.0.1.2.3.1.79.67" TYPE="SECTION">
<HEAD>§ 250.197   Data and information to be made available to the public or for limited inspection.</HEAD>
<P>BSEE will protect data and information that you submit under this part, and 30 CFR part 203, as described in this section. Paragraphs (a) and (b) of this section describe what data and information will be made available to the public without the consent of the lessee, under what circumstances, and in what time period. Paragraph (c) of this section describes what data and information will be made available for limited inspection without the consent of the lessee, and under what circumstances.
</P>
<P>(a) All data and information you submit on BSEE forms will be made available to the public upon submission, except as specified in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">On form . . .
</TH><TH class="gpotbl_colhed" scope="col">Data and information not immediately available are . . .
</TH><TH class="gpotbl_colhed" scope="col">Excepted data will be made available . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) BSEE-0123, Application for Permit to Drill,</TD><TD align="left" class="gpotbl_cell">Items 15, 16, 22 through 25,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) BSEE-0123S, Supplemental APD Information Sheet,</TD><TD align="left" class="gpotbl_cell">Items 3, 7, 8, 15 and 17,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) BSEE-0124, Application for Permit to Modify,</TD><TD align="left" class="gpotbl_cell">Item 17,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) BSEE-0125, End of Operations Report,</TD><TD align="left" class="gpotbl_cell">Items 12, 13, 17, 21, 22, 26 through 38,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier. However, items 33 through 38 will not be released when the well goes on production unless the period of time in the table in paragraph (b) has expired.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) BSEE-0126, Well Potential Test Report,</TD><TD align="left" class="gpotbl_cell">Item 101,</TD><TD align="left" class="gpotbl_cell">2 years after you submit it.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) BSEE-0133 Well Activity Report,</TD><TD align="left" class="gpotbl_cell">Item 10 Fields [WELLBORE START DATE, TD DATE, OP STATUS, END DATE, MD, TVD, AND MW PPG]. Item 11 Fields [WELLBORE START DATE, TD DATE, PLUGBACK DATE, FINAL MD, AND FINAL TVD] and Items 12 through 15,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) BSEE-0133S Open Hole Data Report,</TD><TD align="left" class="gpotbl_cell">Boxes 7 and 8,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
<P>(b) BSEE will release lease and permit data and information that you submit and BSEE retains, but that are not normally submitted on BSEE forms, according to the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">BSEE will release . . .
</TH><TH class="gpotbl_colhed" scope="col">At this time . . .
</TH><TH class="gpotbl_colhed" scope="col">Special provisions . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) The Director determines that data and information are needed for specific scientific or research purposes for the Government,</TD><TD align="left" class="gpotbl_cell">Geophysical data, Geological data Interpreted G&amp;G information, Processed G&amp;G information, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">At any time,</TD><TD align="left" class="gpotbl_cell">BSEE will release data and information only if release would further the National interest without unduly damaging the competitive position of the lessee.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Data or information is collected with high-resolution systems (e.g., bathymetry, side-scan sonar, subbottom profiler, and magnetometer) to comply with safety or environmental protection requirements,</TD><TD align="left" class="gpotbl_cell">Geophysical data, Geological data, Interpreted G&amp;G information, Processed geological information, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">60 days after BSEE receives the data or information, if the Regional Supervisor deems it necessary,</TD><TD align="left" class="gpotbl_cell">BSEE will release the data and information earlier than 60 days if the Regional Supervisor determines it is needed by affected States to make decisions under 30 CFR 550, subpart B. The Regional Supervisor will reconsider earlier release if you satisfy him/her that it would unduly damage your competitive position.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Your lease is no longer in effect,</TD><TD align="left" class="gpotbl_cell">Geophysical data, Geological data, Processed G&amp;G information Interpreted G&amp;G information, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">When your lease terminates,</TD><TD align="left" class="gpotbl_cell">This release time applies only if the provisions in this table governing high-resolution systems and the provisions in 30 CFR 552.7 do not apply. The release time applies to the geophysical data and information only if acquired postlease for a lessee's exclusive use.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Your lease is still in effect,</TD><TD align="left" class="gpotbl_cell">Geophysical data, Processed geophysical information, Interpreted G&amp;G information,</TD><TD align="left" class="gpotbl_cell">10 years after you submit the data and information,</TD><TD align="left" class="gpotbl_cell">This release time applies only if the provisions in this table governing high-resolution systems and the provisions in 30 CFR 552.7 do not apply. This release time applies to the geophysical data and information only if acquired postlease for a lessee's exclusive use.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Your lease is still in effect and within the primary term specified in the lease,</TD><TD align="left" class="gpotbl_cell">Geological data, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">2 years after the required submittal date or 60 days after a lease sale if any portion of an offered lease is within 50 miles of a well, whichever is later,</TD><TD align="left" class="gpotbl_cell">These release times apply only if the provisions in this table governing high-resolution systems and the provisions in 30 CFR 552.7 do not apply. If the primary term specified in the lease is extended under the heading of “Suspensions” in this subpart, the extension applies to this provision.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Your lease is in effect and beyond the primary term specified in the lease,</TD><TD align="left" class="gpotbl_cell">Geological data, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">2 years after the required submittal date,</TD><TD align="left" class="gpotbl_cell">None.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Data or information is submitted on well operations,</TD><TD align="left" class="gpotbl_cell">Descriptions of downhole locations, operations, and equipment,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or when geological data is released according to §§ 250.197(b)(5) and (b)(6), whichever occurs earlier,</TD><TD align="left" class="gpotbl_cell">Directional survey data may be released earlier to the owner of an adjacent lease according to subpart D of this part.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Data and information are obtained from beneath unleased land as a result of a well deviation that has not been approved by the District Manager or Regional Supervisor,</TD><TD align="left" class="gpotbl_cell">Any data or information obtained,</TD><TD align="left" class="gpotbl_cell">At any time,</TD><TD align="left" class="gpotbl_cell">None.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Except for high-resolution data and information released under paragraph (b)(2) of this section data and information acquired by a permit under 30 CFR part 551 are submitted by a lessee under 30 CFR part 203, 30 CFR part 250, or 30 CFR part 550,</TD><TD align="left" class="gpotbl_cell">G&amp;G data, analyzed geological information, processed and interpreted G&amp;G information,</TD><TD align="left" class="gpotbl_cell">Geological data and information: 10 years after BOEM issues the permit; Geophysical data: 50 years after BOEM issues the permit; Geophysical information: 25 years after BOEM issues the permit,</TD><TD align="left" class="gpotbl_cell">None.</TD></TR></TABLE></DIV></DIV>
<P>(c) BSEE may allow limited inspection, but only by persons with a direct interest in related BSEE decisions and issues in specific geographic areas, and who agree in writing to its confidentiality, of G&amp;G data and information submitted under this part or 30 CFR part 203 that BSEE uses to:
</P>
<P>(1) Make unitization determinations on two or more leases;
</P>
<P>(2) Make competitive reservoir determinations;
</P>
<P>(3) Ensure proper plans of development for competitive reservoirs;
</P>
<P>(4) Promote operational safety;
</P>
<P>(5) Protect the environment;
</P>
<P>(6) [Reserved]; or
</P>
<P>(7) Determine eligibility for royalty relief.


</P>
</DIV8>

</DIV7>


<DIV7 N="80" NODE="30:2.0.1.2.3.1.80" TYPE="SUBJGRP">
<HEAD>References</HEAD>


<DIV8 N="§ 250.198" NODE="30:2.0.1.2.3.1.80.68" TYPE="SECTION">
<HEAD>§ 250.198   Documents incorporated by reference.</HEAD>
<XREF ID="20260610" REFID="11">Link to an amendment published at 91 FR 35347, June 10, 2026.</XREF>
<P>Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at BSEE and at the National Archives and Records Administration (NARA). Contact BSEE at: the Houston BSEE office at 1919 Smith Street Suite 14042, Houston, Texas 77002; 1-844-259-4779. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations</I> or email: <I>fr.inspection@nara.gov.</I> The material may be obtained from the following sources:


</P>
<P>(a) American Concrete Institute (ACI), ACI Standards, 38800 Country Club Drive, Farmington Hills, MI 48331-3439: <I>http://www.concrete.org;</I> phone: 248-848-3700:
</P>
<P>(1) ACI Standard 318-95, Building Code Requirements for Reinforced Concrete, 1995; incorporated by reference at § 250.901.
</P>
<P>(2) ACI 318R-95, Commentary on Building Code Requirements for Reinforced Concrete, 1995; incorporated by reference at § 250.901.
</P>
<P>(3) ACI 357R-84, Guide for the Design and Construction of Fixed Offshore Concrete Structures, 1984; reapproved 1997, incorporated by reference at § 250.901.
</P>
<P>(b) American Gas Association (AGA Reports), 400 North Capitol Street NW, Suite 450, Washington, DC 20001, <I>http://www.aga.org;</I> phone: 202-824-7000;
</P>
<P>(1) AGA Report No. 7—Measurement of Natural Gas by Turbine Meters; Revised February 2006; incorporated by reference at § 250.1203(b);
</P>
<P>(2) AGA Report No. 9—Measurement of Gas by Multipath Ultrasonic Meters; Second Edition, April 2007; incorporated by reference at § 250.1203(b);
</P>
<P>(3) AGA Report No. 10—Speed of Sound in Natural Gas and Other Related Hydrocarbon Gases; Copyright 2003; incorporated by reference at § 250.1203(b).
</P>
<P>(c) American Institute of Steel Construction, Inc. (AISC), AISC Standards, One East Wacker Drive, Suite 700, Chicago, IL 60601-1802; <I>http://www.aisc.org;</I> phone: 312-670-2400:
</P>
<P>(1) ANSI/AISC 360-05, Specification for Structural Steel Buildings, incorporated by reference at § 250.901.
</P>
<P>(2) [Reserved]
</P>
<P>(d) American National Standards Institute (ANSI), <I>http.www./webstore.ansi.org/;</I> phone: 212-642-4900:
</P>
<P>(1) ANSI/ASME B 16.5-2003, Pipe Flanges and Flanged Fittings, incorporated by reference at § 250.1002;
</P>
<P>(2) ANSI/ASME B 31.8-2003, Gas Transmission and Distribution Piping Systems, incorporated by reference at § 250.1002;
</P>
<P>(3) ANSI Z88.2-1992, American National Standard for Respiratory Protection, incorporated by reference at § 250.490.
</P>
<P>(e) American Petroleum Institute (API), API Recommended Practices (RP), Specs, Standards, Manual of Petroleum Measurement Standards (MPMS) chapters, 1220 L Street, NW, Washington, DC 20005-4070; <I>http://www.api.org;</I> phone: 202-682-8000:
</P>
<P>(1) API 510, Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration, Tenth Edition, May 2014; Addendum 1, May 2017; incorporated by reference at §§ 250.851(a) and 250.1629(b);
</P>
<P>(2) API 570, Piping Inspection Code: In-service Inspection, Rating, Repair, and Alteration of Piping Systems, Fourth Edition, February 2016; Addendum 1, May 2017; incorporated by reference at § 250.841(b).
</P>
<P>(3) API Bulletin 2INT-DG, Interim Guidance for Design of Offshore Structures for Hurricane Conditions, May 2007; incorporated by reference at § 250.901;
</P>
<P>(4) API Bulletin 2INT-EX, Interim Guidance for Assessment of Existing Offshore Structures for Hurricane Conditions, May 2007; incorporated by reference at § 250.901;
</P>
<P>(5) API Bulletin 2INT-MET, Interim Guidance on Hurricane Conditions in the Gulf of Mexico, May 2007; incorporated by reference at § 250.901;
</P>
<P>(6) API Bulletin 92L, Drilling Ahead Safely with Lost Circulation in the Gulf of Mexico, First Edition, August 2015; incorporated by reference at § 250.427(b);
</P>
<P>(7) API MPMS Chapter 1—Vocabulary, Second Edition, July 1994; incorporated by reference at § 250.1201;
</P>
<P>(8) API MPMS Chapter 2—Tank Calibration, Section 2A—Measurement and Calibration of Upright Cylindrical Tanks by the Manual Tank Strapping Method, First Edition, February 1995; reaffirmed August 2017; incorporated by reference at § 250.1202;
</P>
<P>(9) API MPMS Chapter 2—Tank Calibration, Section 2B—Calibration of Upright Cylindrical Tanks Using the Optical Reference Line Method, First Edition, March 1989; reaffirmed April 2019 (including Addendum 1, October 2019); incorporated by reference at § 250.1202;
</P>
<P>(10) API MPMS Chapter 3—Tank Gauging, Section 1A—Standard Practice for the Manual Gauging of Petroleum and Petroleum Products, Second Edition, August 2005; incorporated by reference at § 250.1202;
</P>
<P>(11) API MPMS Chapter 3—Tank Gauging, Section 1B—Standard Practice for Level Measurement of Liquid Hydrocarbons in Stationary Tanks by Automatic Tank Gauging, Second Edition, June 2001; reaffirmed February 2016; incorporated by reference at § 250.1202;
</P>
<P>(12) API MPMS Chapter 4—Proving Systems, Section 1—Introduction, Third Edition, February 2005; reaffirmed June 2014; incorporated by reference at § 250.1202;
</P>
<P>(13) API MPMS Chapter 4—Proving Systems, Section 2—Displacement Provers, Third Edition, September 2003; incorporated by reference at § 250.1202;
</P>
<P>(14) API MPMS Chapter 4—Proving Systems, Section 4—Tank Provers, Second Edition, May 1998, reaffirmed May 2015; incorporated by reference at § 250.1202;
</P>
<P>(15) API MPMS Chapter 4—Proving Systems, Section 5—Master-Meter Provers, Second Edition, May 2000, reaffirmed, August 2005; incorporated by reference at § 250.1202;
</P>
<P>(16) API MPMS Chapter 4—Proving Systems, Section 6—Pulse Interpolation, Second Edition, May 1999; Errata April 2007; reaffirmed October 2013; incorporated by reference at § 250.1202;
</P>
<P>(17) API MPMS Chapter 4—Proving Systems, Section 7—Field Standard Test Measures, Second Edition, December 1998; reaffirmed 2003; incorporated by reference at § 250.1202;
</P>
<P>(18) API MPMS Chapter 4—Proving Systems, Section 8—Operation of Proving Systems; First Edition, reaffirmed March 2007; incorporated by reference at § 250.1202(a), (f), and (g);
</P>
<P>(19) API MPMS Chapter 5—Metering, Section 1—General Considerations for Measurement by Meters, Fourth Edition, September 2005; incorporated by reference at § 250.1202;
</P>
<P>(20) API MPMS Chapter 5—Metering, Section 2—Measurement of Liquid Hydrocarbons by Displacement Meters, Third Edition, September 2005; reaffirmed July 2015; incorporated by reference at § 250.1202;
</P>
<P>(21) API MPMS Chapter 5—Metering, Section 3—Measurement of Liquid Hydrocarbons by Turbine Meters, Fifth Edition, September 2005; reaffirmed August 1, 2014; incorporated by reference at § 250.1202;
</P>
<P>(22) API MPMS Chapter 5—Metering, Section 4—Accessory Equipment for Liquid Meters, Fourth Edition, September 2005; reaffirmed August 2015; incorporated by reference at § 250.1202;
</P>
<P>(23) API MPMS Chapter 5—Metering, Section 5—Fidelity and Security of Flow Measurement Pulsed-Data Transmission Systems, Second Edition, August 2005; reaffirmed August 2015; incorporated by reference at § 250.1202;
</P>
<P>(24) API MPMS Chapter 5—Metering, Section 6—Measurement of Liquid Hydrocarbons by Coriolis Meters; First Edition, October 2002; reaffirmed November 2013; incorporated by reference at § 250.1202;
</P>
<P>(25) API MPMS Chapter 5—Metering, Section 8—Measurement of Liquid Hydrocarbons by Ultrasonic Flow Meters Using Transit Time Technology; First Edition, February 2005; incorporated by reference at § 250.1202(a);
</P>
<P>(26) API MPMS Chapter 6—Metering Assemblies, Section 1—Lease Automatic Custody Transfer (LACT) Systems, Second Edition, May 1991; reaffirmed May 2012; incorporated by reference at § 250.1202;
</P>
<P>(27) API MPMS Chapter 6—Metering Assemblies, Section 6—Pipeline Metering Systems, Second Edition, May 1991; reaffirmed December 2017; incorporated by reference at § 250.1202;
</P>
<P>(28) API MPMS Chapter 6—Metering Assemblies, Section 7—Metering Viscous Hydrocarbons, Second Edition, May 1991; reaffirmed March 2018; incorporated by reference at § 250.1202;
</P>
<P>(29) API MPMS Chapter 7—Temperature Determination, First Edition, June 2001; reaffirmed, March 2007; incorporated by reference at § 250.1202;
</P>
<P>(30) API MPMS Chapter 8—Sampling, Section 1—Standard Practice for Manual Sampling of Petroleum and Petroleum Products, Third Edition, October 1995; reaffirmed, March 2006; incorporated by reference at § 250.1202;
</P>
<P>(31) API MPMS Chapter 8—Sampling, Section 2—Standard Practice for Automatic Sampling of Liquid Petroleum and Petroleum Products, Second Edition, October 1995; reaffirmed, June 2005; incorporated by reference at § 250.1202;
</P>
<P>(32) API MPMS Chapter 9—Density Determination, Section 1—Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method, Second Edition, December 2002; reaffirmed October 2005; incorporated by reference at § 250.1202(a) and (l);
</P>
<P>(33) API MPMS Chapter 9—Density Determination, Section 2—Standard Test Method for Density or Relative Density of Light Hydrocarbons by Pressure Hydrometer, Second Edition, March 2003; incorporated by reference at § 250.1202;
</P>
<P>(34) API MPMS Chapter 10—Sediment and Water, Section 1—Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method, Third Edition, November 2007; reaffirmed October 2012; incorporated by reference at § 250.1202;
</P>
<P>(35) API MPMS Chapter 10—Sediment and Water, Section 2—Standard Test Method for Water in Crude Oil by Distillation, Second Edition, November 2007; incorporated by reference at § 250.1202;
</P>
<P>(36) API MPMS Chapter 10—Sediment and Water, Section 3—Standard Test Method for Water and Sediment in Crude Oil by the Centrifuge Method (Laboratory Procedure), Third Edition, May 2008; incorporated by reference at § 250.1202;
</P>
<P>(37) API MPMS Chapter 10—Sediment and Water, Section 4—Determination of Water and/or Sediment in Crude Oil by the Centrifuge Method (Field Procedure), Third Edition, December 1999; incorporated by reference at § 250.1202;
</P>
<P>(38) API MPMS Chapter 10—Sediment and Water, Section 9—Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration, Second Edition, December 2002; reaffirmed 2005; incorporated by reference at § 250.1202;
</P>
<P>(39) API MPMS Chapter 11.1—Volume Correction Factors, Volume 1, Table 5A—Generalized Crude Oils and JP-4 Correction of Observed API Gravity to API Gravity at 60 °F, and Table 6A—Generalized Crude Oils and JP-4 Correction of Volume to 60 °F Against API Gravity at 60 °F, API Standard 2540, First Edition, August 1980; reaffirmed March 1997; incorporated by reference at § 250.1202;
</P>
<P>(40) API MPMS Chapter 11.2.2—Compressibility Factors for Hydrocarbons: 0.350-0.637 Relative Density (60 °F/60 °F) and −50 °F to 140 °F Metering Temperature, Second Edition, October 1986; reaffirmed: December 2007; incorporated by reference at § 250.1202;
</P>
<P>(41) API MPMS Chapter 11—Physical Properties Data, Section 1—Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils; May 2004 (incorporating Addendum 1, September 2007); incorporated by reference at § 250.1202(a), (g), and (l);
</P>
<P>(42) API MPMS Chapter 11—Physical Properties Data, Addendum to Section 2, Part 2—Compressibility Factors for Hydrocarbons, Correlation of Vapor Pressure for Commercial Natural Gas Liquids, First Edition, December 1994; reaffirmed, December 2002; incorporated by reference at § 250.1202;
</P>
<P>(43) API MPMS, Chapter 12—Calculation of Petroleum Quantities, Section 2—Calculation of Petroleum Quantities Using Dynamic Measurement Methods and Volumetric Correction Factors, Part 1—Introduction, Second Edition, May 1995; reaffirmed March 2014; incorporated by reference at § 250.1202;
</P>
<P>(44) API MPMS, Chapter 12—Calculation of Petroleum Quantities, Section 2—Calculation of Petroleum Quantities Using Dynamic Measurement Methods and Volumetric Correction Factors, Part 2—Measurement Tickets, Third Edition, June 2003; reaffirmed February 2016; incorporated by reference at § 250.1202;
</P>
<P>(45) API MPMS Chapter 12—Calculation of Petroleum Quantities, Section 2—Calculation of Petroleum Quantities Using Dynamic Measurement Methods and Volumetric Correction Factors, Part 3—Proving Reports; First Edition, October 1998, reaffirmed March 2014; incorporated by reference at § 250.1202(a) and (g);
</P>
<P>(46) API MPMS Chapter 12—Calculation of Petroleum Quantities, Section 2—Calculation of Petroleum Quantities Using Dynamic Measurement Methods and Volumetric Correction Factors, Part 4—Calculation of Base Prover Volumes by the Waterdraw Method, First Edition, December 1997; reaffirmed September 2014; incorporated by reference at § 250.1202(a), (f), and (g);
</P>
<P>(47) API MPMS Chapter 14—Natural Gas Fluids Measurement, Section 3—Concentric, Square-Edged Orifice Meters, Part 1—General Equations and Uncertainty Guidelines, Third Edition, September 1990; reaffirmed, January 2003; incorporated by reference at § 250.1203;
</P>
<P>(48) API MPMS Chapter 14—Natural Gas Fluids Measurement, Section 3—Concentric, Square-Edged Orifice Meters, Part 2—Specification and Installation Requirements, Fourth Edition, April 2000; reaffirmed March 2006; incorporated by reference at § 250.1203;
</P>
<P>(49) API MPMS Chapter 14—Natural Gas Fluids Measurement, Section 3—Concentric, Square-Edged Orifice Meters; Part 3—Natural Gas Applications; Third Edition, August 1992; Errata March 1994, reaffirmed, February 2009; incorporated by reference at § 250.1203;
</P>
<P>(50) API MPMS, Chapter 14.5/GPA Standard 2172-09; Calculation of Gross Heating Value, Relative Density, Compressibility and Theoretical Hydrocarbon Liquid Content for Natural Gas Mixtures for Custody Transfer; Third Edition, January 2009; reaffirmed February 2014; incorporated by reference at § 250.1203;
</P>
<P>(51) API MPMS Chapter 14—Natural Gas Fluids Measurement, Section 6—Continuous Density Measurement, Second Edition, April 1991; reaffirmed, February 2006; incorporated by reference at § 250.1203;
</P>
<P>(52) API MPMS Chapter 14—Natural Gas Fluids Measurement, Section 8—Liquefied Petroleum Gas Measurement, Second Edition, July 1997; reaffirmed, March 2006; incorporated by reference at § 250.1203;
</P>
<P>(53) API MPMS Chapter 20—Section 1—Allocation Measurement, First Edition, September 1993; reaffirmed October 2006; incorporated by reference at § 250.1202;
</P>
<P>(54) API MPMS Chapter 21—Flow Measurement Using Electronic Metering Systems, Section 1—Electronic Gas Measurement, First Edition, August 1993; reaffirmed, July 2005; incorporated by reference at § 250.1203;
</P>
<P>(55) API MPMS Chapter 21—Flow Measurement Using Electronic Metering Systems, Section 2—Electronic Liquid Volume Measurement Using Positive Displacement and Turbine Meters; First Edition, June 1998; reaffirmed October 2016; incorporated by reference at § 250.1202(a);
</P>
<P>(56) API MPMS Chapter 21—Flow Measurement Using Electronic Metering Systems, Addendum to Section 2—Flow Measurement Using Electronic Metering Systems, Inferred Mass; First Edition, reaffirmed February 2006; incorporated by reference at § 250.1202(a);
</P>
<P>(57) API RP 2A-WSD, Recommended Practice for Planning, Designing and Constructing Fixed Offshore Platforms—Working Stress Design, Twenty-first Edition, December 2000; Errata and Supplement 1, December 2002; Errata and Supplement 2, September 2005; Errata and Supplement 3, October 2007; incorporated by reference at §§ 250.901, 250.908, 250.919, and 250.920;
</P>
<P>(58) API RP 2D, Operation and Maintenance of Offshore Cranes, Sixth Edition, May 2007; incorporated by reference at § 250.108;
</P>
<P>(59) API RP 2FPS, RP for Planning, Designing, and Constructing Floating Production Systems; First Edition, March 2001; incorporated by reference at § 250.901;
</P>
<P>(60) API RP 2I, In-Service Inspection of Mooring Hardware for Floating Structures; Third Edition, April 2008; incorporated by reference at § 250.901(a) and (d);
</P>
<P>(61) ANSI/API RP 2N, Third Edition, “Recommended Practice for Planning, Designing, and Constructing Structures and Pipelines for Arctic Conditions”, Third Edition, April 2015; incorporated by reference at § 250.470(g);
</P>
<P>(62) API RP 2RD, Recommended Practice for Design of Risers for Floating Production Systems (FPSs) and Tension-Leg Platforms (TLPs), First Edition, June 1998; reaffirmed, May 2006, Errata, June 2009; incorporated by reference at §§ 250.733, 250.800(c), 250.901(a), (d), and 250.1002(b);
</P>
<P>(63) API RP 2SK, Design and Analysis of Stationkeeping Systems for Floating Structures, Third Edition, October 2005, Addendum, May 2008, reaffirmed June 2015; incorporated by reference at §§ 250.800(c) and 250.901(a) and (d);
</P>
<P>(64) API RP 2SM, Recommended Practice for Design, Manufacture, Installation, and Maintenance of Synthetic Fiber Ropes for Offshore Mooring, First Edition, March 2001, Addendum, May 2007; incorporated by reference at §§ 250.800(c) and 250.901(a) and (d);
</P>
<P>(65) API RP 2T, Recommended Practice for Planning, Designing, and Constructing Tension Leg Platforms, Second Edition, August 1997; incorporated by reference at § 250.901(a) and (d);
</P>
<P>(66) ANSI/API RP 14B, Design, Installation, Operation, Test, and Redress of Subsurface Safety Valve Systems, Sixth Edition, September 2015; incorporated by reference at §§ 250.802(b), 250.803(a), 250.814(d), 250.828(c), and 250.880(c);
</P>
<P>(67) API RP 14C, Recommended Practice for Analysis, Design, Installation, and Testing of Basic Surface Safety Systems for Offshore Production Platforms, Seventh Edition, March 2001, reaffirmed: March 2007; incorporated by reference at §§ 250.125(a), 250.292(j), 250.841(a), 250.842(a), 250.850, 250.852(a), 250.855, 250.856(a), 250.858(a), 250.862(e), 250.865(a), 250.867(a), 250.869(a) through (c), 250.872(a), 250.873(a), 250.874(a), 250.880(b) and (c), 250.1002(d), 250.1004(b), 250.1628(c) and (d), 250.1629(b), and 250.1630(a);
</P>
<P>(68) API RP 14E, Recommended Practice for Design and Installation of Offshore Production Platform Piping Systems, Fifth Edition, October 1991; reaffirmed, January 2013; incorporated by reference at §§ 250.841(b), 250.842(a), and 250.1628(b) and (d);
</P>
<P>(69) API RP 14F, Recommended Practice for Design, Installation, and Maintenance of Electrical Systems for Fixed and Floating Offshore Petroleum Facilities for Unclassified and Class 1, Division 1 and Division 2 Locations, Upstream Segment, Fifth Edition, July 2008, reaffirmed: April 2013; incorporated by reference at §§ 250.114(c), 250.842(c), 250.862(e), and 250.1629(b);
</P>
<P>(70) API RP 14FZ, Recommended Practice for Design, Installation, and Maintenance of Electrical Systems for Fixed and Floating Offshore Petroleum Facilities for Unclassified and Class I, Zone 0, Zone 1 and Zone 2 Locations, Second Edition, May 2013; incorporated by reference at §§ 250.114(c), 250.842(c), 250.862(e), and 250.1629(b);
</P>
<P>(71) API RP 14G, Recommended Practice for Fire Prevention and Control on Fixed Open-type Offshore Production Platforms, Fourth Edition, April 2007; Reaffirmed, January 2013; incorporated by reference at §§ 250.859(a), 250.862(e), 250.880(c), and 250.1629(b);
</P>
<P>(72) API RP 14J, Recommended Practice for Design and Hazards Analysis for Offshore Production Facilities, Second Edition, May 2001; reaffirmed: January 2013; incorporated by reference at §§ 250.800(b) and (c), 250.842(c), and 250.901(a) and (d);
</P>
<P>(73) API RP 17H, Remotely Operated Tools and Interfaces on Subsea Production Systems, Second Edition, June 2013; Errata, January 2014; incorporated by reference at § 250.734(a);
</P>
<P>(74) API RP 65, Recommended Practice for Cementing Shallow Water Flow Zones in Deepwater Wells, First Edition, September 2002; incorporated by reference at § 250.415;
</P>
<P>(75) API RP 75, Recommended Practice for Development of a Safety and Environmental Management Program for Offshore Operations and Facilities, Third Edition, May 2004, reaffirmed May 2008; incorporated by reference at §§ 250.1900, 250.1902, 250.1903, 250.1909, 250.1920;
</P>
<P>(76) API RP 86, API Recommended Practice for Measurement of Multiphase Flow; First Edition, September 2005; incorporated by reference at §§ 250.1202(a) and 250.1203(b);
</P>
<P>(77) API RP 90, Annular Casing Pressure Management for Offshore Wells, First Edition, August 2006; incorporated by reference at § 250.519;
</P>
<P>(78) API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2, Third Edition, December 2012; Errata January 2014, incorporated by reference at §§ 250.114(a), 250.459, 250.842(a), 250.862(a) and (e), 250.872(a), 250.1628(b) and (d), and 250.1629(b);
</P>
<P>(79) API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, Zone 1, and Zone 2, First Edition, November 1997; reaffirmed, August 2013; incorporated by reference at §§ 250.114(a), 250.459, 250.842(a), 250.862(a) and (e), 250.872(a), 250.1628(b) and (d), and 250.1629(b);
</P>
<P>(80) API RP 2556, Recommended Practice for Correcting Gauge Tables for Incrustation, Second Edition, August 1993; reaffirmed November 2003; incorporated by reference at § 250.1202;
</P>
<P>(81) API Spec. 2C, Specification for Offshore Pedestal Mounted Cranes, Sixth Edition, March 2004, Effective Date: September 2004; incorporated by reference at § 250.108;
</P>
<P>(82) ANSI/API Spec. 6A, Specification for Wellhead and Christmas Tree Equipment, Twentieth Edition, October 2010; Addendum 1, November 2011; Errata 2, November 2011; Addendum 2, November 2012; Addendum 3, March 2013; Errata 3, June 2013; Errata 4, August 2013; Errata 5, November 2013; Errata 6, March 2014; Errata 7, December 2014; Errata 8, February 2016; Addendum 4, June 2016; Errata 9, June 2016; Errata 10, August 2016; incorporated by reference at §§ 250.518(c), 250.619(c), 250.730, 250.802(a), 250.803(a), 250.833, 250.873(b), 250.874(g); 250.1002(b).


</P>
<P>(83) API Spec. 6AV1, Specification for Verification Test of Wellhead Surface Safety Valves and Underwater Safety Valves for Offshore Service, Second Edition, February 2013; incorporated by reference at §§ 250.802(a), 250.833, 250.873(b), and 250.874(g);
</P>
<P>(84) API STD 6AV2, Installation, Maintenance, and Repair of Surface Safety Valves and Underwater Safety Valves Offshore; First Edition, March 2014; Errata 1, August 2014; incorporated by reference at §§ 250.820, 250.834, 250.836, and 250.880(c)
</P>
<P>(85) ANSI/API Spec. 6D, Specification for Pipeline Valves, Twenty-third Edition, April 2008; Effective Date: October 1, 2008, Errata 1, June 2008; Errata 2, November 2008; Errata 3, February 2009; Addendum 1, October 2009; Contains API Monogram Annex as Part of U.S. National Adoption; ISO 14313:2007 (Identical), Petroleum and natural gas industries—Pipeline transportation systems—Pipeline valves; incorporated by reference at § 250.1002(b);
</P>
<P>(86) ANSI/API Spec. 11D1, Packers and Bridge Plugs, Third Edition, April 2015; including Errata 1, August 2019; incorporated by reference at §§ 250.518(e), 250.619(e); 250.1703.


</P>
<P>(87) ANSI/API Spec. 14A, Specification for Subsurface Safety Valve Equipment, Eleventh Edition, October 2005, reaffirmed, June 2012; incorporated by reference at §§ 250.802 and 250.803(a);
</P>
<P>(88) ANSI/API Spec. 16A, Specification for Drill-through Equipment, Third Edition, June 2004, reaffirmed August 2010; incorporated by reference at § 250.730;
</P>
<P>(89) ANSI/API Spec. 16C, Specification for Choke and Kill Systems, First Edition, January 1993, reaffirmed July 2010; incorporated by reference at § 250.730;
</P>
<P>(90) API Spec. 16D, Specification for Control Systems for Drilling Well Control Equipment and Control Systems for Diverter Equipment, Second Edition, July 2004, reaffirmed August 2013; incorporated by reference at § 250.730;
</P>
<P>(91) ANSI/API Spec. 17D, Design and Operation of Subsea Production Systems—Subsea Wellhead and Tree Equipment, Second Edition, Reaffirmed November 2018; Addendum 1, September 2015; Errata, September 2011; Errata 2, January 2012; Errata 3, June 2013; Errata 4, July 2013; Errata 5, October 2013; Errata 6, August 2015; Errata 7, October 2015; incorporated by reference at §§ 250.518(c); 250.619(c); 250.730.


</P>
<P>(92) ANSI/API Spec. 17J, Specification for Unbonded Flexible Pipe, Third Edition, July 2008, incorporated by reference at §§ 250.852(e), 250.1002(b), and 250.1007(a).
</P>
<P>(93) ANSI/API Spec. Q1, Specification for Quality Management System Requirements for Manufacturing Organizations for the Petroleum and Natural Gas Industry, Ninth Edition, June 2013; Errata, February 2014; Errata 2, March 2014; Addendum 1, June 2016; incorporated by reference at §§ 250.730 and 250.801(b) and (c);
</P>
<P>(94) API Standard 53, Blowout Prevention Equipment Systems for Drilling Wells, Fourth Edition, November 2012, Addendum 1, July 2016, incorporated by reference at §§ 250.730, 250.734, 250.735, 250.736, 250.737, and 250.739;
</P>
<P>(95) API Standard 65—Part 2, Isolating Potential Flow Zones During Well Construction; Second Edition, December 2010; incorporated by reference at §§ 250.415(f) and 250.420(a);
</P>
<P>(96) API Standard 2552, USA Standard Method for Measurement and Calibration of Spheres and Spheroids, First Edition, 1966; reaffirmed, October 2007; incorporated by reference at § 250.1202;
</P>
<P>(97) API Standard 2555, Method for Liquid Calibration of Tanks, First Edition, September 1966; reaffirmed March 2002; incorporated by reference at § 250.1202;
</P>
<P>(f) American Society of Mechanical Engineers (ASME), 22 Law Drive, P.O. Box 2900, Fairfield, NJ 07007-2900; <I>http://www.asme.org;</I> phone: 1-800-843-2763.
</P>
<P>(1) 2017 ASME Boiler and Pressure Vessel Code (BPVC), Section I, Rules for Construction of Power Boilers, 2017 Edition, July 1, 2017, incorporated by reference at §§ 250.851(a) and 250.1629(b).
</P>
<P>(2) 2017 ASME Boiler and Pressure Vessel Code, Section IV, Rules for Construction of Heating Boilers, 2017 Edition, July 1, 2017, incorporated by reference at §§ 250.851(a) and 250.1629(b).
</P>
<P>(3) 2017 ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Pressure Vessels; Division 1, 2017 Edition; July 1, 2017, incorporated by reference at §§ 250.851(a) and 250.1629(b).
</P>
<P>(4) 2017 ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Pressure Vessels; Division 2: Alternative Rules, 2017 Edition, July 1, 2017, incorporated by reference at §§ 250.851(a) and 250.1629(b).
</P>
<P>(5) 2017 ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Pressure Vessels; Division 3: Alternative Rules for Construction of High Pressure Vessels, 2017 Edition, July 1, 2017, incorporated by reference at §§ 250.851(a) and 250.1629(b).
</P>
<P>(g) American Society for Testing and Materials (ASTM), ASTM Standards, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; <I>http://www.astm.org;</I> phone: 1-877-909-2786:
</P>
<P>(1) ASTM Standard C 33-07, approved December 15, 2007, Standard Specification for Concrete Aggregates; incorporated by reference at § 250.901;
</P>
<P>(2) ASTM Standard C 94/C 94M-07, approved January 1, 2007, Standard Specification for Ready-Mixed Concrete; incorporated by reference at § 250.901;
</P>
<P>(3) ASTM Standard C 150-07, approved May 1, 2007, Standard Specification for Portland Cement; incorporated by reference at § 250.901;
</P>
<P>(4) ASTM Standard C 330-05, approved December 15, 2005, Standard Specification for Lightweight Aggregates for Structural Concrete; incorporated by reference at § 250.901;
</P>
<P>(5) ASTM Standard C 595-08, approved January 1, 2008, Standard Specification for Blended Hydraulic Cements; incorporated by reference at § 250.901;
</P>
<P>(h) American Welding Society   (AWS), AWS Codes, 8669 NW 36 Street, #130, Miami, FL 33126; <I>http://www.aws.org;</I>phone: 800-443-9353:
</P>
<P>(1) AWS D1.1:2000, Structural Welding Code—Steel, 17th Edition, October 18, 1999; incorporated by reference at § 250.901;
</P>
<P>(2) AWS D1.4-98, Structural Welding Code—Reinforcing Steel, 1998 Edition; incorporated by reference at § 250.901;
</P>
<P>(3) AWS D3.6M:1999, Specification for Underwater Welding (1999); incorporated by reference at § 250.901.
</P>
<P>(i) National Association of Corrosion Engineers (NACE) International, NACE Standards, Park Ten Place, Houston, TX 77084; <I>http://www.nace.org;</I> phone: 281-228-6200:
</P>
<P>(1) NACE Standard MR0175-2003, Standard Material Requirements, Metals for Sulfide Stress Cracking and Stress Corrosion Cracking Resistance in Sour Oilfield Environments, Revised January 17, 2003; incorporated by reference at §§ 250.490; 250.518(a); 250.619(a); 250.901.


</P>
<P>(2) NACE Standard RP0176-2003, Standard Recommended Practice, Corrosion Control of Steel Fixed Offshore Structures Associated with Petroleum Production; incorporated by reference at § 250.901.
</P>
<P>(j) International Organization for Standardization (ISO), 1, ch. de la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; <I>www.iso.org;</I> phone: 41-22-749-01-11:
</P>
<P>(1) ISO/IEC (International Electrotechnical Commission) 17011, Conformity assessment—General requirements for accreditation bodies accrediting conformity assessment bodies, First edition 2004-09-01; Corrected version 2005-02-15; incorporated by reference at §§ 250.1900, 250.1903, 250.1904, and 250.1922.
</P>
<P>(2) ISO/IEC 17021-1, Conformity assessment—Requirements for bodies providing audit and certification of management systems—Part 1: Requirements, First Edition, June 2015, incorporated by reference at § 250.730(d).
</P>
<P>(3) [Reserved]
</P>
<P>(k) Center for Offshore Safety (COS), 1990 Post Oak Blvd., Suite 1370, Houston, TX 77056; <I>www.centerforoffshoresafety.org;</I> phone: 832-495-4925.
</P>
<P>(1) COS Safety Publication COS-2-01, Qualification and Competence Requirements for Audit Teams and Auditors Performing Third-party SEMS Audits of Deepwater Operations, First Edition, Effective Date October 2012; incorporated by reference at §§ 250.1900, 250.1903, 250.1904, and 250.1921.
</P>
<P>(2) COS Safety Publication COS-2-03, Requirements for Third-party SEMS Auditing and Certification of Deepwater Operations, First Edition, Effective Date October 2012; incorporated by reference at §§ 250.1900, 250.1903, 250.1904, and 250.1920.
</P>
<P>(3) COS Safety Publication COS-2-04, Requirements for Accreditation of Audit Service Providers Performing SEMS Audits and Certification of Deepwater Operations, First Edition, Effective Date October 2012; incorporated by reference at §§ 250.1900, 250.1903, 250.1904, and 250.1922.


</P>
<CITA TYPE="N">[84 FR 21969, May 15, 2019, as amended at 85 FR 84236, Dec. 30, 2020; 89 FR 71111, Aug. 30, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 250.199" NODE="30:2.0.1.2.3.1.80.69" TYPE="SECTION">
<HEAD>§ 250.199   Paperwork Reduction Act statements—information collection.</HEAD>
<P>(a) OMB has approved the information collection requirements in part 250 under 44 U.S.C. 3501 <I>et seq.</I> The table in paragraph (e) of this section lists the subpart in the rule requiring the information and its title, provides the OMB control number, and summarizes the reasons for collecting the information and how BSEE uses the information. The associated BSEE forms required by this part are listed at the end of this table with the relevant information.
</P>
<P>(b) Respondents are OCS oil, gas, and sulphur lessees and operators. The requirement to respond to the information collections in this part is mandated under the Act (43 U.S.C. 1331 <I>et seq.</I>) and the Act's Amendments of 1978 (43 U.S.C. 1801 <I>et seq.</I>). Some responses are also required to obtain or retain a benefit or may be voluntary. Proprietary information will be protected under § 250.197, Data and information to be made available to the public or for limited inspection; parts 30 CFR Parts 251, 252; and the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations at 43 CFR part 2.
</P>
<P>(c) The Paperwork Reduction Act of 1995 requires us to inform the public that an agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Send comments regarding any aspect of the collections of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
</P>
<P>(e) BSEE is collecting this information for the reasons given in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">30 CFR Subpart, title and/or BSEE Form (OMB Control No.)
</TH><TH class="gpotbl_colhed" scope="col">BSEE collects this information and uses it to:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Subpart A, General (1014-0022), including Forms BSEE-0011, iSEE; BSEE-0132, Evacuation Statistics; BSEE-0143, Facility/Equipment Damage Report; BSEE-1832, Notification of Incidents of Noncompliance</TD><TD align="left" class="gpotbl_cell">(i) Determine that activities on the OCS comply with statutory and regulatory requirements; are safe and protect the environment; and result in diligent development and production on OCS leases.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Support the unproved and proved reserve estimation, resource assessment, and fair market value determinations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Assess damage and project any disruption of oil and gas production from the OCS after a major natural occurrence.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Subpart B, Plans and Information (1014-0024)</TD><TD align="left" class="gpotbl_cell">Evaluate Deepwater Operations Plans for compliance with statutory and regulatory requirements
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Subpart C, Pollution Prevention and Control (1014-0023)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate measures to prevent unauthorized discharge of pollutants into the offshore waters.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure action is taken to control pollution.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Subpart D, Oil and Gas and Drilling Operations (1014-0018), including Forms BSEE-0125, End of Operations Report; BSEE-0133, Well Activity Report; and BSEE-0133S, Open Hole Data Report</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the equipment and procedures to be used in drilling operations on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that drilling operations meet statutory and regulatory requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Subpart E, Oil and Gas Well-Completion Operations (1014-0004)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the equipment and procedures to be used in well-completion operations on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that well-completion operations meet statutory and regulatory requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Subpart F, Oil and Gas Well Workover Operations (1014-0001)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the equipment and procedures to be used during well-workover operations on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that well-workover operations meet statutory and regulatory requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Subpart G, Blowout Preventer Systems (1014-0028), including Form BSEE-0144, Rig Movement Notification Report</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the equipment and procedures to be used during well drilling, completion, workover, and abandonment operations on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that well operations meet statutory and regulatory requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Subpart H, Oil and Gas Production Safety Systems (1014-0003)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the equipment and procedures that will be used during production operations on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that production operations meet statutory and regulatory requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Subpart I, Platforms and Structures (1014-0011)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the design, fabrication, and installation of platforms on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure the structural integrity of platforms installed on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Subpart J, Pipelines and Pipeline Rights-of-Way (1014-0016), including Form BSEE-0149, Assignment of Federal OCS Pipeline Right-of-Way Grant</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the design, installation, and operation of pipelines on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that pipeline operations meet statutory and regulatory requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Subpart K, Oil and Gas Production Rates (1014-0019), including Forms BSEE-0126, Well Potential Test Report and BSEE-0128, Semiannual Well Test Report</TD><TD align="left" class="gpotbl_cell">(i) Evaluate production rates for hydrocarbons produced on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure economic maximization of ultimate hydrocarbon recovery.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Subpart L, Oil and Gas Production Measurement, Surface Commingling, and Security (1014-0002)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the measurement of production, commingling of hydrocarbons, and site security plans.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that produced hydrocarbons are measured and commingled to provide for accurate royalty payments and security.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Subpart M, Unitization (1014-0015)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate the unitization of leases.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that unitization prevents waste, conserves natural resources, and protects correlative rights.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) Subpart N, Remedies and Penalties</TD><TD align="left" class="gpotbl_cell">(The requirements in subpart N are exempt from the Paperwork Reduction Act of 1995 according to 5 CFR 1320.4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) Subpart O, Well Control and Production Safety Training (1014-0008)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate training program curricula for OCS workers, course schedules, and attendance.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that training programs are technically accurate and sufficient to meet statutory and regulatory requirements, and that workers are properly trained.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) Subpart P, Sulfur Operations (1014-0006)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate sulfur exploration and development operations on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that OCS sulfur operations meet statutory and regulatory requirements and will result in diligent development and production of sulfur leases.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(17) Subpart Q, Decommissioning Activities (1014-0010)</TD><TD align="left" class="gpotbl_cell">Ensure that decommissioning activities, site clearance, and platform or pipeline removal are properly performed to meet statutory and regulatory requirements and do not conflict with other users of the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(18) Subpart S, Safety and Environmental Management Systems (1014-0017), including Form BSEE-0131, Performance Measures Data</TD><TD align="left" class="gpotbl_cell">(i) Evaluate operators' policies and procedures to assure safety and environmental protection while conducting OCS operations (including those operations conducted by contractor and subcontractor personnel).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Evaluate Performance Measures Data relating to risk and number of accidents, injuries, and oil spills during OCS activities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(19) Application for Permit to Drill (APD, Revised APD), Form BSEE-0123; and Supplemental APD Information Sheet, Form BSEE-0123S, and all supporting documentation (1014-0025)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate and approve the adequacy of the equipment, materials, and/or procedures that the lessee or operator plans to use during drilling.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that applicable OCS operations meet statutory and regulatory requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(20) Application for Permit to Modify (APM), Form BSEE-0124, and supporting documentation (1014-0026)</TD><TD align="left" class="gpotbl_cell">(i) Evaluate and approve the adequacy of the equipment, materials, and/or procedures that the lessee or operator plans to use during drilling and to evaluate well plan modifications and changes in major equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Ensure that applicable OCS operations meet statutory and regulatory requirements.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26015, Apr. 29, 2016; 81 FR 36149, June 6, 2016]






</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="B" NODE="30:2.0.1.2.3.2" TYPE="SUBPART">
<HEAD>Subpart B—Plans and Information</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 71112, Aug. 30, 2024, unless otherwise noted.


</PSPACE></SOURCE>

<DIV7 N="81" NODE="30:2.0.1.2.3.2.81" TYPE="SUBJGRP">
<HEAD>General Information</HEAD>


<DIV8 N="§ 250.200" NODE="30:2.0.1.2.3.2.81.1" TYPE="SECTION">
<HEAD>§ 250.200   Definitions.</HEAD>
<P>Acronyms and terms used in this subpart have the following meanings:
</P>
<P>(a) Acronyms used frequently in this subpart are listed alphabetically below:
</P>
<P>(1) BOEM means Bureau of Ocean Energy Management of the U.S. Department of the Interior.
</P>
<P>(2) BSEE means Bureau of Safety and Environmental Enforcement of the U.S. Department of the Interior.
</P>
<P>(3) CID means Conservation Information Document.
</P>
<P>(4) CZMA means Coastal Zone Management Act.
</P>
<P>(5) DOCD means Development Operations Coordination Document.
</P>
<P>(6) DPP means Development and Production Plan.
</P>
<P>(7) DWOP means Deepwater Operations Plan.
</P>
<P>(8) EIA means Environmental Impact Analysis.
</P>
<P>(9) EP means Exploration Plan.
</P>
<P>(10) ESA means Endangered Species Act.
</P>
<P>(11) HPHT means High Pressure High Temperature
</P>
<P>(12) I3P means Independent Third Party
</P>
<P>(13) MMPA means Marine Mammal Protection Act.
</P>
<P>(14) NPDES means National Pollutant Discharge Elimination System.
</P>
<P>(15) NTL means Notice to Lessees and Operators.
</P>
<P>(16) OCS means Outer Continental Shelf.
</P>
<P>(b) Terms used in this subpart are listed alphabetically below:
</P>
<P><I>Amendment</I> means a change you make to an EP, DPP, or DOCD that is pending before BOEM for a decision (see 30 CFR 550.232(d) and 30 CFR 550.267(d)).
</P>
<P><I>Barrier categorization</I> includes identifying barriers as one of the following two types of categories:
</P>
<P><I>Category 1 Barrier</I> means any equipment, component, or assembly that functions as part of a primary barrier during any operational phase of its life cycle. The operational phases of the barrier equipment, component, or assembly are drilling, completion, workover, intervention, injection, production, or abandonment.
</P>
<P><I>Category 2 Barrier</I> means any equipment, component, or assembly that normally functions as part of a secondary barrier during any operational phase of its life cycle, except when a primary barrier fails. The operational phases of the barrier equipment, component, or assembly are drilling, completion, workover, intervention, injection, production, or abandonment. BSEE may consider non-barrier structural components of a barrier system as a Category 2 Barrier if failure of this structural component could reasonably result in a Primary Barrier failure.
</P>
<P><I>Fit for Purpose</I> means a determination made by an I3P at the conclusion of I3P review that the barrier equipment design has been verified and validated in conformance with recognized engineering standards and any additional project specification requirements; that the material selection, design verification analysis, design validation testing, and quality control are appropriate to justify the technical specifications; and that the technical specifications meet or exceed a project's site specific functional requirements.
</P>
<P><I>Fit for Service</I> means a determination made by the operator that the material selection, design verification analysis, design validation testing, and quality control of the barrier equipment is appropriate to justify the technical specifications and that the technical specifications meet or exceed a project's site-specific functional requirements.
</P>
<P><I>New or unusual technology</I> means equipment or procedures used for any drilling, completion, workover, intervention, injection, production, pipeline, platform, decommissioning, or abandonment operations that meet any of the following criteria:
</P>
<P>(1) Has not been approved for use or used extensively in a BSEE OCS Region;
</P>
<P>(2) Has not been approved for use or used extensively under the anticipated operating conditions;
</P>
<P>(3) Has operating characteristics that are outside the performance parameters established in this part;
</P>
<P>(4) Will operate in an HPHT environment as defined in § 250.105; or
</P>
<P>(5) Is part of a primary or secondary barrier system that uses materials, design analysis techniques, validation testing methods, or manufacturing processes not addressed in existing industry standards.
</P>
<P><I>Primary Barrier</I> means the equipment, material, component, or assembly that is designated as the principal means of isolating the hydrocarbon pressure source from people and the environment.
</P>
<P><I>Secondary Barrier</I> means the equipment, material, component, or assembly that is designated as the secondary means of isolating the hydrocarbon pressure source from people and the environment.
</P>
<P><I>Subsea tieback development technology</I> means, but is not limited to, floating production systems, tension leg platforms, spars, Floating Production Storage and Offloading (FPSO) systems, guyed towers, compliant towers, subsea manifolds, subsea wells, hybrid wells, production risers, export risers, and other subsea completion or production components that rely on a remote site or host facility for utility and well control services.




</P>
</DIV8>


<DIV8 N="§ 250.201" NODE="30:2.0.1.2.3.2.81.2" TYPE="SECTION">
<HEAD>§ 250.201   What plans and information must I submit before I conduct any activities on my lease or unit?</HEAD>
<P>(a) <I>Plans and permits.</I> Before you conduct the activities on your lease or unit listed in the following table, you must submit, and BSEE must approve, the listed plans (or relevant portions thereof), and any applicable permits. Your plans and applicable permits may cover one or more leases or units.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must have BSEE


<br/>approval of a(n) . . .
</TH><TH class="gpotbl_colhed" scope="col">Before you . . .
</TH><TH class="gpotbl_colhed" scope="col">Additional information
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) New or Unusual Technology Conceptual Plan</TD><TD align="left" class="gpotbl_cell">install the new or unusual technology</TD><TD align="left" class="gpotbl_cell">(i) Must be approved by BSEE before it will approve any associated application or permit (<E T="03">e.g.,</E> pipeline, platform, APD, APM) involving the use of new or unusual technology.


<br/>(ii) May be independent of a project Conceptual Plan or DWOP.

<br/>(iii) BSEE will not approve this Conceptual Plan until all associated I3P Reports (if required) are submitted and are reviewed by BSEE.

<br/>(iv) May not contain equipment identified as a primary or secondary barrier.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) New or Unusual Technology Barrier Equipment Conceptual Plan</TD><TD align="left" class="gpotbl_cell">install the new or unusual technology that is identified as barrier equipment</TD><TD align="left" class="gpotbl_cell">(i) Is required for any project or system involving new or unusual technology that is also identified as a primary or secondary barrier.


<br/>(ii) Must be approved by BSEE before it will approve any associated application or permit (<E T="03">e.g.,</E> pipeline, platform, APD, APM) involving the use of new or unusual technology identified as barrier equipment as applicable for the permit scope.

<br/>(iii) BSEE will not approve this Conceptual Plan until all associated I3P Reports are submitted and reviewed by BSEE.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Project Conceptual Plan</TD><TD align="left" class="gpotbl_cell">conduct post-drilling installation or well completion activities for a deepwater development project, or for any project that will involve the use of a subsea tieback development technology in any water depth, which may include new or unusual technology</TD><TD align="left" class="gpotbl_cell">(i) Must be approved before well completion permit approval (<E T="03">e.g.,</E> APM).


<br/>(ii) Any relevant new or unusual technology associated with completion operations must be approved by BSEE before project Conceptual Plan approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Deepwater Operations Plan (DWOP)</TD><TD align="left" class="gpotbl_cell">(i) conduct post-completion installation activities for a deepwater development project, or for any project that will involve the use of a subsea tieback development technology in any water depth, which may include new or unusual technology; and (ii) initiate production activities</TD><TD align="left" class="gpotbl_cell">Must include reference to all applicable, previously approved Conceptual Plans for the associated development project.</TD></TR></TABLE></DIV></DIV>
<P>(b) <I>Submitting additional information.</I> On a case-by-case basis, the Regional Supervisor may require you to submit additional information if the Regional Supervisor determines that it is necessary to evaluate your proposed plan or permit.
</P>
<P>(c) <I>Referencing.</I> In preparing your proposed plan or permit, you may reference information and data discussed in other plans or permits you previously submitted or that are otherwise readily available to BSEE.
</P>
<P>(d) All plans listed under paragraph (a) of this section that are initially submitted after October 29, 2024 must comply with the requirements of this subpart.




</P>
</DIV8>


<DIV8 N="§ 250.202" NODE="30:2.0.1.2.3.2.81.3" TYPE="SECTION">
<HEAD>§ 250.202   How must I protect the rights of the Federal government?</HEAD>
<P>(a) To protect the rights of the Federal government, you must either:
</P>
<P>(1) Drill and produce the wells that the Regional Supervisor determines are necessary to protect the Federal government from loss due to production on other leases or units or from adjacent lands under the jurisdiction of other entities (<I>e.g.,</I> State and foreign governments); or
</P>
<P>(2) Pay a sum that the Regional Supervisor determines as adequate to compensate the Federal government for your failure to drill and produce any well.
</P>
<P>(b) Payment under paragraph (a)(2) of this section may constitute production in paying quantities for the purpose of extending the lease term.
</P>
<P>(c) You must complete and produce any penetrated hydrocarbon-bearing zone that the Regional Supervisor determines is necessary to conform to sound conservation practices.




</P>
</DIV8>


<DIV8 N="§ 250.203" NODE="30:2.0.1.2.3.2.81.4" TYPE="SECTION">
<HEAD>§ 250.203   Are there special requirements if my well affects an adjacent property?</HEAD>
<P>For wells that could intersect or drain an adjacent property, the Regional Supervisor may require special measures to protect the rights of the Federal government and objecting lessees or operators of adjacent leases or units.




</P>
</DIV8>


<DIV8 N="§ 250.204" NODE="30:2.0.1.2.3.2.81.5" TYPE="SECTION">
<HEAD>§ 250.204   Requirements for high pressure high temperature (HPHT) barrier equipment.</HEAD>
<P>If you plan to install HPHT barrier equipment, you must submit information with your applicable Project Conceptual Plan, New or Unusual Technology Barrier Equipment Conceptual Plan, DWOP, and applicable permit(s) that demonstrates the equipment is fit for service in the applicable HPHT environment. You must follow the applicable DWOP Process requirements (<I>e.g.,</I> §§ 250.229 and 250.242).




</P>
</DIV8>


<DIV8 N="§ 250.205" NODE="30:2.0.1.2.3.2.81.6" TYPE="SECTION">
<HEAD>§ 250.205   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="82" NODE="30:2.0.1.2.3.2.82" TYPE="SUBJGRP">
<HEAD>Barrier Equipment and Systems</HEAD>


<DIV8 N="§ 250.206" NODE="30:2.0.1.2.3.2.82.7" TYPE="SECTION">
<HEAD>§ 250.206   What equipment does BSEE consider to be a barrier?</HEAD>
<P>A barrier or barrier system is any engineered equipment, material, component, or assembly that is installed to contain a hydrocarbon pressure source(s) to prevent harm to people or the environment. BSEE only recognizes barriers that are either permanently or temporarily installed, pressure controlling, and/or pressure containing. You must be able to activate pressure controlling barriers on demand (<I>i.e.,</I> closed by an operator or automated safety system). You must function test and pressure test any pressure controlling barriers or barrier systems to defined acceptance criteria that can be repeated. You must pressure test any pressure containing barrier or barrier system to defined acceptance criteria that can be repeated.




</P>
</DIV8>


<DIV8 N="§ 250.207" NODE="30:2.0.1.2.3.2.82.8" TYPE="SECTION">
<HEAD>§ 250.207   How must barrier systems be used?</HEAD>
<P>You must install and maintain a primary and a secondary barrier system (redundant barriers) to prevent a loss of containment during any operational phase of a well, flowline, pipeline, production, or riser system.


</P>
</DIV8>

</DIV7>


<DIV7 N="83" NODE="30:2.0.1.2.3.2.83" TYPE="SUBJGRP">
<HEAD>Activities and Post-Approval Requirements for the EP, DPP, DWOP, and DOCD</HEAD>


<DIV8 N="§ 250.208" NODE="30:2.0.1.2.3.2.83.9" TYPE="SECTION">
<HEAD>§ 250.208   How must I conduct activities under an approved EP, DPP, or DOCD?</HEAD>
<P>(a) <I>Compliance.</I> You must conduct all of your lease and unit activities according to your approved EP, DPP, or DOCD and any approval conditions. If you fail to comply with your approved EP, DPP, or DOCD:
</P>
<P>(1) You may be subject to BSEE enforcement action, including civil penalties; and
</P>
<P>(2) The lease(s) involved in your EP, DPP, or DOCD may be forfeited or cancelled under 43 U.S.C. 1334(c) or (d). If this happens, you may not be entitled to compensation under 30 CFR 550.185(b) and 30 CFR 556.1102.
</P>
<P>(b) <I>Emergencies.</I> Nothing in this subpart or in your approved EP, DPP, or DOCD relieves you of or limits your responsibility to take appropriate measures to meet emergency situations. In an emergency situation, the Regional Environmental Officer may approve or require departures from your approved EP, DPP, or DOCD.




</P>
</DIV8>


<DIV8 N="§ 250.209" NODE="30:2.0.1.2.3.2.83.10" TYPE="SECTION">
<HEAD>§ 250.209   What must I do to conduct activities under the approved EP, DPP, or DOCD?</HEAD>
<P>(a) <I>Approvals and permits.</I> Before you conduct activities under your approved EP, DPP, or DOCD you must obtain the following approvals and or permits, as applicable, from the District Manager or BSEE Regional Supervisor:
</P>
<P>(1) Approval of Applications for Permits to Drill (APDs) (see § 250.410);
</P>
<P>(2) Approval of production safety systems (see § 250.800);
</P>
<P>(3) Approval of new platforms and other structures (or major modifications to platforms and other structures) (see § 250.905);
</P>
<P>(4) Approval of applications to install lease term pipelines (see § 250.1007); and
</P>
<P>(5) Other permits, as required by applicable law.
</P>
<P>(b) <I>Conformance.</I> The activities proposed in these applications and permits must conform to the activities described in detail in your approved EP, DPP, or DOCD.




</P>
</DIV8>


<DIV8 N="§ 250.210" NODE="30:2.0.1.2.3.2.83.11" TYPE="SECTION">
<HEAD>§ 250.210   Do I have to conduct post-approval monitoring?</HEAD>
<P>The Regional Supervisor may direct you to conduct monitoring programs, including monitoring in accordance with the ESA and the MMPA, in association with your approved EP, DPP, DWOP, or DOCD. You must retain copies of all monitoring data obtained or derived from your monitoring programs and make them available to BSEE upon request. The Regional Supervisor may require you to:
</P>
<P>(a) Submit monitoring plans for approval before you begin work; and
</P>
<P>(b) Prepare and submit reports that summarize and analyze data and information obtained or derived from your monitoring programs. The Regional Supervisor will specify requirements for preparing and submitting these reports.




</P>
</DIV8>


<DIV8 N="§ 250.211" NODE="30:2.0.1.2.3.2.83.12" TYPE="SECTION">
<HEAD>§ 250.211   What are my new or unusual technology failure reporting requirements?</HEAD>
<P>If you have an approved new or unusual technology and it experiences a failure (<I>i.e.,</I> any condition that prevents the equipment from meeting its functional specification) during or post-installation, you must notify the applicable Regional Supervisor within 30 days of the failure. You must also provide a failure analysis report as soon as it is available following notification. The failure analysis report must include any results of and potential root cause(s) of the failure. You must also follow all applicable failure or incident reporting requirements associated with the failure (<I>e.g.,</I> §§ 250.188, 250.730, and 250.803).




</P>
</DIV8>


<DIV8 N="§§ 250.212-250.219" NODE="30:2.0.1.2.3.2.83.13" TYPE="SECTION">
<HEAD>§§ 250.212-250.219   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="84" NODE="30:2.0.1.2.3.2.84" TYPE="SUBJGRP">
<HEAD>Deepwater Operations Plan (DWOP) Process</HEAD>


<DIV8 N="§ 250.220" NODE="30:2.0.1.2.3.2.84.14" TYPE="SECTION">
<HEAD>§ 250.220   What is the DWOP process?</HEAD>
<P>(a) The DWOP process consists of providing sufficient information from a total system approach for BSEE to review:
</P>
<P>(1) A deepwater development project,
</P>
<P>(2) A subsea tieback development technology, or
</P>
<P>(3) Any other project or system that uses new or unusual technology during any phase of the following operations: drilling, completion, workover, intervention, injection, production, pipeline, platform, decommissioning, or abandonment.
</P>
<P>(b) The DWOP process does not replace but complements other submittals required by the regulations, such as BOEM EPs, DPPs, and DOCDs, or BSEE applications and/or permits (<I>e.g.,</I> APD, Application for Permit to Modify (APM), pipeline application, and platform application). BSEE will use the information in your DWOP process to determine whether the project will be developed in an acceptable manner, particularly with respect to operational safety and environmental protection involved with a deepwater development project, subsea tieback development technology, or new or unusual technology.
</P>
<P>(c) The DWOP process consists of two phases:
</P>
<P>(1) <I>The Conceptual Plans.</I> The Conceptual Plans outline certain equipment and process specifications, operational concepts, and basis of design that you plan to use for project development, and for applicable equipment design, installation, and operation. Sections 250.227 through 250.229 prescribe what each of the Conceptual Plans must contain. Each Conceptual Plan may be submitted separately or combined as applicable; and
</P>
<P>(2) <I>The DWOP.</I> The DWOP identifies specific design, fabrication, installation and operational requirements for equipment, systems, and activities as applicable in §§ 250.236 through 250.242.
</P>
<P>(d) You must submit to BSEE the applicable plan(s) covered under the DWOP process as appropriate (see § 250.225 for Conceptual Plan requirements and § 250.235 for DWOP requirements). Certain projects requiring New or Unusual Technology Conceptual Plans or New or Unusual Technology Barrier Equipment Conceptual Plans may not be required to have an associated Project Conceptual Plan or DWOP.




</P>
</DIV8>


<DIV8 N="§ 250.221" NODE="30:2.0.1.2.3.2.84.15" TYPE="SECTION">
<HEAD>§ 250.221   When must I use the DWOP process?</HEAD>
<P>(a) You must use the DWOP process for any project that meets any of the following criteria:
</P>
<P>(1) Is planned in water depths greater than 1000 ft;
</P>
<P>(2) Will use subsea tieback development technology, regardless of water depth; or
</P>
<P>(3) Will use any new or unusual technology for any drilling, completion, workover, intervention, injection, production, pipeline, platform, decommissioning, or abandonment project.
</P>
<P>(b) If you are unsure if your project will use subsea tieback development technology or new or unusual technology, contact the Regional Supervisor for guidance.




</P>
</DIV8>


<DIV8 N="§§ 250.222-250.224" NODE="30:2.0.1.2.3.2.84.16" TYPE="SECTION">
<HEAD>§§ 250.222-250.224   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="85" NODE="30:2.0.1.2.3.2.85" TYPE="SUBJGRP">
<HEAD>Conceptual Plans</HEAD>


<DIV8 N="§ 250.225" NODE="30:2.0.1.2.3.2.85.17" TYPE="SECTION">
<HEAD>§ 250.225   What are the types of Conceptual Plans that I must submit?</HEAD>
<P>There are three types of Conceptual Plans:
</P>
<P>(a) A Project Conceptual Plan is required for any project that is planned in water depths greater than 1000 feet, will use subsea tieback development technology, or will use new or unusual technology for completion, injection, production, pipeline, or platform operations;
</P>
<P>(b) A New or Unusual Technology Conceptual Plan is required for any project or system that involves equipment or procedures that are considered new or unusual technology (see § 250.200 for the definition of new or unusual technology) for drilling, completion, workover, intervention, injection, production, pipeline, platform, decommissioning, or abandonment operations; and
</P>
<P>(c) A New or Unusual Technology Barrier Equipment Conceptual Plan is required for any project or system involving new or unusual technology that is also identified as a primary or secondary barrier (see § 250.200 for the definition of primary and secondary barriers) for drilling, completion, workover, intervention, injection, production, pipeline, platform, decommissioning, or abandonment operations.




</P>
</DIV8>


<DIV8 N="§ 250.226" NODE="30:2.0.1.2.3.2.85.18" TYPE="SECTION">
<HEAD>§ 250.226   When and how must I submit each applicable Conceptual Plan?</HEAD>
<P>You must submit each applicable Conceptual Plan to the Regional Supervisor after you have decided on the general concept(s) for a project or system, and before you finalize engineering design of the equipment, well, well safety control system, or subsea production systems. You must submit, for BSEE approval, each Conceptual Plan according to the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Conceptual plan type
</TH><TH class="gpotbl_colhed" scope="col">Where to find the


<br/>description

<br/>(§)
</TH><TH class="gpotbl_colhed" scope="col">Additional information
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Project Conceptual Plan</TD><TD align="right" class="gpotbl_cell">250.227</TD><TD align="left" class="gpotbl_cell">You may not complete any production or injection well or install the tree before BSEE has approved the Project Conceptual Plan.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) New or Unusual Technology Conceptual Plan</TD><TD align="right" class="gpotbl_cell">250.228</TD><TD align="left" class="gpotbl_cell">(1) Operations and approval timing requirements are as follows:


<br/>(i) You may not install any new or unusual technology until BSEE approves your New or Unusual Technology Conceptual Plan,
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(ii) You may not complete any production or injection well or install a tree before BSEE has approved all New or Unusual Technology Conceptual Plans associated with all well completion equipment and the Project Conceptual Plan, and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(iii) BSEE must first approve your New or Unusual Technology Conceptual Plan associated with subsea production systems before the DWOP may be approved. You may install this new or unusual technology following BSEE permit approval (<E T="03">e.g.,</E> pipeline application) and prior to DWOP approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(2) The Regional Supervisor may require the operator to use an I3P to perform certain functions and verifications in accordance with § 250.231, as applicable.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(3) BSEE will not approve a New or Unusual Technology Conceptual Plan until you submit and BSEE reviews all I3P Reports (if any required).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(4) BSEE must approve your New or Unusual Technology Conceptual Plan before it will approve any associated application or permit application (<E T="03">e.g.,</E> pipeline application, platform application, APD, APM).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(5) You must submit separate New or Unusual Technology Conceptual Plans for each piece of equipment at an assembly level (<E T="03">e.g.,</E> BOP, tree, wellhead system, or tubing head spool).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) A New or Unusual Technology Barrier Equipment Conceptual Plan</TD><TD align="right" class="gpotbl_cell">250.229</TD><TD align="left" class="gpotbl_cell">(1) You must submit a New or Unusual Technology Barrier Equipment Conceptual Plan for any project or system involving new or unusual technology that is also identified as a primary or secondary barrier.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(2) Operations and approval timing requirements are as follows:
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(i) BSEE must first approve your New or Unusual Technology Barrier Equipment Conceptual Plan prior to you installing new or unusual technology identified as barrier equipment,
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(ii) You may not complete any production or injection well or install the tree before BSEE has approved all the New or Unusual Technology Barrier Equipment Conceptual Plans associated with all well completion equipment and the Project Conceptual Plan, and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(iii) BSEE must first approve your New or Unusual Technology Barrier Equipment Conceptual Plan associated with subsea production systems before the DWOP may be approved. You may install this equipment after BSEE permit approval (<E T="03">e.g.,</E> pipeline application) and prior to DWOP approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(3) BSEE must first approve your New or Unusual Technology Barrier Equipment Conceptual Plan before it will approve any associated application or permit application (<E T="03">e.g.,</E> pipeline application, platform application, APD, APM).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(4) All new or unusual technology identified as barrier equipment requires the use of an Independent Third Party (I3P) to perform certain functions and verifications in accordance with § 250.231. BSEE will not approve New or Unusual Technology Barrier Equipment Conceptual Plans until you submit and BSEE reviews all required I3P Reports pursuant to § 250.231.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(5) You must submit separate New or Unusual Technology Barrier Equipment Conceptual Plans for each piece of equipment at an assembly level (<E T="03">e.g.,</E> BOP, tree, wellhead system, tubing head spool).</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.227" NODE="30:2.0.1.2.3.2.85.19" TYPE="SECTION">
<HEAD>§ 250.227   What must the Project Conceptual Plan contain?</HEAD>
<P>In the Project Conceptual Plan, you must explain the basis of design that you will use to develop the field. You must include the following information:
</P>
<P>(a) An overview of the development concept(s);
</P>
<P>(b) The system control type (<I>i.e.,</I> direct hydraulic or electro-hydraulic);
</P>
<P>(c) The estimated distance from each of the wells to the host platform, and umbilical length(s);
</P>
<P>(d) A statement that the subsea production safety system will be designed to comply with Subpart H of this part;
</P>
<P>(e) For a new facility, a description of the type of facility you plan to install (<I>e.g.</I> spar, tension leg platform (TLP), FPSO, etc.);
</P>
<P>(f) For a subsea tie back to an existing facility:
</P>
<P>(1) A description of known structural modifications that you will need to make to accommodate the tieback, including a statement about whether these accommodations constitute minor or major modifications,
</P>
<P>(2) The BSEE-approved service life of the existing facility, and
</P>
<P>(3) A description of how you will evaluate whether the modifications may affect the BSEE-approved service life.
</P>
<P>(g) A statement regarding whether the host facility will be manned or unmanned;
</P>
<P>(h) A schedule of development activities, including well completion, facility installation, and date of first oil;
</P>
<P>(i) Schematics, including:
</P>
<P>(1) A proposed well location plat,
</P>
<P>(2) A conceptual subsea field schematic depicting the planned development infrastructure that contains (as applicable) the wells, pipelines, manifolds, subsea booster pumps, high integrity pressure protection system, riser systems, umbilical(s), and facility footprint,
</P>
<P>(3) The surface or subsea tree, and
</P>
<P>(4) A proposed wellbore and completion schematic for a typical well (including Surface Controlled Subsurface Safety Valve (SCSSV) location and chemical injection points; and depiction or description of gas zones, if any, behind the production casing or production liner and how those gas zones will be isolated).
</P>
<P>(j) A description of the drilling and completion systems;
</P>
<P>(k) The estimated shut-in tubing pressure for the proposed well(s), including the calculation used to arrive at the estimate, specifying true vertical depth (TVD), reservoir pressure, and the fluid gradient used, or a brief discussion of the pressure volume temperature (PVT) data used for estimation;
</P>
<P>(l) The wellbore static bottomhole temperature and the estimated flowing temperature at the tree;
</P>
<P>(m) The pressure and temperature rating of the tree and wellhead;
</P>
<P>(n) Whether there will be corrosive production (<I>e.g.,</I> hydrogen sulfide (H<E T="52">2</E>S), Carbon dioxide (CO<E T="52">2</E>), Mercury (Hg) or injection fluids (<I>e.g.,</I> acid)), including concentrations;
</P>
<P>(o) Whether any of the proposed equipment will be re-furbished and re-certified;
</P>
<P>(p) Whether enhanced recovery is planned for the early life of the project;
</P>
<P>(q) Whether any new or unusual technology will be used to develop your project involving the following: drilling, completion, injection, production, risers, pipelines, or platforms;
</P>
<P>(r) Whether the well(s) will include smart completion technology;
</P>
<P>(s) A list of requests for any alternate procedures or equipment in accordance with § 250.141 and request for departures in accordance with § 250.142 associated with your applicable Conceptual Plans; and
</P>
<P>(t) Documentation demonstrating payment of the service fee listed in § 250.125.




</P>
</DIV8>


<DIV8 N="§ 250.228" NODE="30:2.0.1.2.3.2.85.20" TYPE="SECTION">
<HEAD>§ 250.228   What must the New or Unusual Technology Conceptual Plan contain?</HEAD>
<P>(a) You must include the following information, as applicable, in your New or Unusual Technology Conceptual Plan:
</P>
<P>(1) How the New or Unusual Technology Conceptual Plan fits within your overall site specific project, if applicable, including an overview of the project development concepts.
</P>
<P>(2) A description of the technology and specific conditions under which it will be used;
</P>
<P>(3) A description of shut-in capabilities and procedures;
</P>
<P>(4) A description of redundancies of critical components or systems that will be used;
</P>
<P>(5) A discussion of how the new or unusual technology could impact the barrier or safety system, if any, including:
</P>
<P>(i) The detection method for new or unusual technology failure;
</P>
<P>(ii) A description of how barriers or safety systems function to a fail-safe state when impacted by tew or unusual technology failure;
</P>
<P>(6) Information on inspection and testing capabilities;
</P>
<P>(7) A risk assessment and failure mode analysis;
</P>
<P>(8) Operating procedures;
</P>
<P>(9) A history of development and application of the technology;
</P>
<P>(10) The basis of design, including design verification and validation testing;
</P>
<P>(11) Detailed schematics identifying all components;
</P>
<P>(12) A justification for new or unusual technology use, and any additional information required for a complete review;
</P>
<P>(13) A list of requests for alternate procedures or equipment in accordance with § 250.141 and request for departures in accordance with § 250.142 needed for the new or unusual technology proposed in your New or Unusual Technology Conceptual Plan;
</P>
<P>(14) A statement that the technology is fit for service in the applicable environment (for the specific project at location); and
</P>
<P>(15) Documentation demonstrating payment of the service fee listed in § 250.125.
</P>
<P>(b) The Regional Supervisor may require the use of an I3P according to § 250.231 if the system or equipment you propose to use requires a high degree of specialized or technically complex engineering knowledge, expertise, and experience to evaluate, or if existing industry standards do not address the system or equipment you propose to use.
</P>
<P>(1) The Regional Supervisor may also require you to follow the I3P requirements according to § 250.232, as applicable, on a case-by-case basis.
</P>
<P>(2) If you have any questions about I3P requirements for the New or Unusual Technology Conceptual Plan, contact the applicable Regional Supervisor.




</P>
</DIV8>


<DIV8 N="§ 250.229" NODE="30:2.0.1.2.3.2.85.21" TYPE="SECTION">
<HEAD>§ 250.229   What must the New or Unusual Technology Barrier Equipment Conceptual Plan include?</HEAD>
<P>Your New or Unusual Technology Barrier Equipment Conceptual Plan must include the following information:
</P>
<P>(a) A description how the New or Unusual Technology Barrier Equipment Conceptual Plan fits within your overall site-specific project, if applicable. You must include an overview of the project development concepts and a proposed schedule for submittal of associated Conceptual Plans;
</P>
<P>(b) Detailed schematics depicting the primary and secondary barriers that include all components, assemblies, or sub-assemblies, each labeled and categorized as a Category 1 barrier or Category 2 barrier;
</P>
<P>(c) A list of the primary and secondary barriers that includes all components, assemblies, or sub-assemblies specifying each assigned barrier as either a Category 1 barrier or Category 2 barrier;
</P>
<P>(d) A list of the engineering standards that will be used in the equipment's material selection and qualification, design verification analysis, and design validation testing;
</P>
<P>(e) A list of requested alternate procedures or equipment in accordance with § 250.141 and requested departures in accordance with § 250.142 needed for the new or unusual technology barrier equipment proposed in your New or Unusual Technology Barrier Equipment Conceptual Plan;
</P>
<P>(f) A list of the functional requirements (<I>e.g.,</I> environmental and physical loads (magnitude and frequency)) for which the barrier equipment is being designed;
</P>
<P>(g) A description of the equipment's safety critical functions, (<I>e.g.,</I> function(s) performed by or inherent to the equipment enabling it to achieve or maintain a safe state);
</P>
<P>(h) An I3P nomination, in accordance with § 250.231(a);
</P>
<P>(i) An I3P verification plan that includes the following:
</P>
<P>(1) A discussion of the equipment's material selection and qualification;
</P>
<P>(2) A discussion of the equipment's design verification analyses;
</P>
<P>(3) A discussion of the equipment's design validation testing;
</P>
<P>(4) An explanation of why the analyses, processes, and procedures ensure that the equipment is fit for service in the applicable environment; and
</P>
<P>(5) Details regarding how the I3P will address the additional items listed in § 250.232.
</P>
<P>(j) Documentation demonstrating payment of the service fee listed in § 250.125.




</P>
</DIV8>


<DIV8 N="§ 250.230" NODE="30:2.0.1.2.3.2.85.22" TYPE="SECTION">
<HEAD>§ 250.230   When are you required to submit an I3P Report?</HEAD>
<P>You must submit to BSEE any I3P reports required in § 250.232 for any equipment identified in your New or Unusual Technology Barrier Equipment Conceptual Plan and when required by the Regional Supervisor. BSEE will not approve your associated Conceptual Plan until BSEE reviews the required I3P Reports.




</P>
</DIV8>


<DIV8 N="§ 250.231" NODE="30:2.0.1.2.3.2.85.23" TYPE="SECTION">
<HEAD>§ 250.231   What are your requirements for the Independent Third Party (I3P) nomination?</HEAD>
<P>In accordance with each applicable Conceptual Plan, you must:
</P>
<P>(a) Nominate I3P(s) to review the design verification and design validation documentation of the Original Equipment Manufacturer (OEM). Your I3P must be a technical classification society, a licensed professional engineering firm, or a registered professional engineer capable of providing the required verifications and validations. You must submit your I3P nomination(s) within the applicable Conceptual Plan for separate BSEE acceptance before BSEE will approve the applicable Conceptual Plan. Your I3P nomination must include the following descriptions:
</P>
<P>(1) Previous experience in third-party verification and validation or experience in the design, fabrication, and installation of applicable offshore oil and gas equipment;
</P>
<P>(2) Technical capabilities of the individual or the primary staff for the specific project;
</P>
<P>(3) Size and type of organization or corporation;
</P>
<P>(4) In-house availability of, or access to, appropriate technology to review the specific project. This should include, but not limited to, computer programs, hardware, and equipment as applicable;
</P>
<P>(5) Ability to perform the I3P functions for the specific project considering current commitments (<I>e.g.,</I> project timelines, schedules, and personnel availability); and
</P>
<P>(6) Previous experience with BSEE requirements and procedures.
</P>
<P>(b) You must ensure that the I3P has access to all associated documentation and equipment related to items listed on the I3P verification plan defined at § 250.229(i) and necessary for performance of complete reviews in accordance with § 250.232, including relevant OEM documentation (including documentation and data labeled as confidential and proprietary) and access to the OEM fabrication and manufacturing locations if such access is necessary to review the data.
</P>
<P>(c) If your project involves submittal of multiple Conceptual Plans, you may propose to use the services of an I3P previously accepted by BSEE for the same project, and not submit the items required under paragraph (a), if the BSEE-accepted I3P's qualifications are still valid and applicable to provide the required verifications and validations. You must submit documentation regarding the previous I3P nomination acceptance.




</P>
</DIV8>


<DIV8 N="§ 250.232" NODE="30:2.0.1.2.3.2.85.24" TYPE="SECTION">
<HEAD>§ 250.232   What are the I3P review requirements for Conceptual Plan reviews?</HEAD>
<P>In accordance with each applicable Conceptual Plan, the I3P must:
</P>
<P>(a) Review the following information regarding the applicable equipment and/or system:
</P>
<P>(1) Basis of Design, technical specification of the equipment (if known at this point in the design process) and functional requirements of the specific project (<I>e.g.,</I> environmental and physical loads (magnitude and frequency));
</P>
<P>(2) Risk assessment and failure mode analysis;
</P>
<P>(3) Material specification, selection, qualification, and testing;
</P>
<P>(4) Design verification analysis, including:
</P>
<P>(i) Structural/strength analysis, and
</P>
<P>(ii) Fatigue assessment and/or analysis.
</P>
<P>(5) If fatigue is identified as a potential failure mode, as identified in the fatigue assessment and/or analysis in paragraph (a)(4) of this section, the plan to record and gather data (load monitoring) in order to conduct a future fatigue analysis;
</P>
<P>(6) Design validation testing; and
</P>
<P>(7) A fabrication, quality management system, and inspection and test plan that identifies the quality control/quality assurance process, and inspection of the final products.
</P>
<P>(b) Submit a report to BSEE documenting the review of each item covered under paragraph (a) of this section. Each report must clearly identify all OEM and operator documents used during the I3P review. The report must also include:
</P>
<P>(1) The equipment and/or system's technical specifications, including a statement that the equipment and/or system is fit for purpose for the technical specification by the I3P; and
</P>
<P>(2) Verification that the equipment's technical specifications meet or exceed the project's functional requirements, including a statement that the equipment and/or system is fit for purpose for the proposed project by the I3P.
</P>
<P>(c) For any new project, you may use previous I3P reviews of equipment and/or systems technical specification that was approved in a previous Conceptual Plan. The Regional Supervisor may accept a final report in accordance with paragraph (c) of this section that includes the following:
</P>
<P>(1) A statement that the previous report submitted pursuant to of paragraph (b) of this section remains valid;
</P>
<P>(2) Verification that the equipment's technical specifications meet or exceed the proposed project's functional requirements; and
</P>
<P>(3) A statement by the I3P that the equipment and/or system is fit for purpose for the proposed project.




</P>
</DIV8>


<DIV8 N="§ 250.233" NODE="30:2.0.1.2.3.2.85.25" TYPE="SECTION">
<HEAD>§ 250.233   General requirements for any I3P Report.</HEAD>
<P>An I3P Report as required in § 250.232 must be a standalone document that clearly summarizes the required verification and validation work performed and must contain a sufficient level of detail (<I>e.g.,</I> quantitative information) and clarity to establish the basis of the I3P's findings. Each report must identify the OEM or operator documents reviewed, describe the detailed I3P review, and convey the results of the I3P's review without requiring BSEE to review of any other referenced documents.




</P>
</DIV8>


<DIV8 N="§ 250.234" NODE="30:2.0.1.2.3.2.85.26" TYPE="SECTION">
<HEAD>§ 250.234   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="86" NODE="30:2.0.1.2.3.2.86" TYPE="SUBJGRP">
<HEAD>DWOP Approval</HEAD>


<DIV8 N="§ 250.235" NODE="30:2.0.1.2.3.2.86.27" TYPE="SECTION">
<HEAD>§ 250.235   When and how must I submit the DWOP?</HEAD>
<P>(a) You must submit the DWOP to the Regional Supervisor after BSEE has approved your Project Conceptual Plan and you have substantially completed system design, and before you conduct installation activities post-well completion for:
</P>
<P>(1) A deepwater development project;
</P>
<P>(2) A project that will use subsea tieback development technology in any water depth; or
</P>
<P>(3) An HPHT development project, any project that uses Category 1 or 2 new or unusual technology barrier equipment, or any project that uses new or unusual technology that may impact the safety critical function of Category 1 or 2 barrier equipment regardless of the water depth.
</P>
<P>(b) You may install subsea systems and associated pipelines after you have received applicable BSEE permit(s) and Conceptual Plan approvals. However, you may not begin production from the well until BSEE approves your DWOP.




</P>
</DIV8>


<DIV8 N="§ 250.236" NODE="30:2.0.1.2.3.2.86.28" TYPE="SECTION">
<HEAD>§ 250.236   What information must I submit with the DWOP?</HEAD>
<P>Your DWOP must contain the following information, as applicable:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Information that you must include with your DWOP
</TH><TH class="gpotbl_colhed" scope="col">Where to find the


<br/>description

<br/>(§)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) General information</TD><TD align="right" class="gpotbl_cell">250.237
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Well or completion information</TD><TD align="right" class="gpotbl_cell">250.238
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Structural information</TD><TD align="right" class="gpotbl_cell">250.239
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Production safety system information</TD><TD align="right" class="gpotbl_cell">250.240
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Subsea system and pipeline information</TD><TD align="right" class="gpotbl_cell">250.241
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) New or unusual technology information</TD><TD align="right" class="gpotbl_cell">250.242</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.237" NODE="30:2.0.1.2.3.2.86.29" TYPE="SECTION">
<HEAD>§ 250.237   What general information must my DWOP include?</HEAD>
<P>You must include the following general information in your DWOP, as applicable:
</P>
<P>(a) A list of requests for any alternate procedures or equipment in accordance with § 250.141 and requests for departures in accordance with § 250.142 applicable to the DWOP, and a list of any identified alternate procedures or equipment or departures for which you may request approval in any future applicable permit or application. You do not need to list alternative procedures or equipment or departure requests that were previously submitted and approved for the same project's Conceptual Plans unless the same alternate procedures or equipment or departure requests are needed for a different piece of equipment for post-completion activities.
</P>
<P>(b) Documentation demonstrating payment of the service fee listed in § 250.125; and
</P>
<P>(c) A list of any associated industry standards not incorporated in the regulations that you are using for your project design or operation.




</P>
</DIV8>


<DIV8 N="§ 250.238" NODE="30:2.0.1.2.3.2.86.30" TYPE="SECTION">
<HEAD>§ 250.238   What well or completions information must my DWOP include?</HEAD>
<P>You must include the following information in your DWOP, as applicable, to be consistent with the activities to be addressed in the associated well permit(s):
</P>
<P>(a) A description and schematic of the typical wellbore, casing, and completion;
</P>
<P>(b) Information concerning the drilling and completion systems; and
</P>
<P>(c) Design and fabrication information for each wellbore riser system (<I>e.g.,</I> drilling, completion, workover, intervention, injection, or production) deployed from a floating production facility or TLP.




</P>
</DIV8>


<DIV8 N="§ 250.239" NODE="30:2.0.1.2.3.2.86.31" TYPE="SECTION">
<HEAD>§ 250.239   What structural information must my DWOP include?</HEAD>
<P>You must include the following information in your DWOP, as applicable, to align with the activities to be addressed in the associated platform application, including any major modifications:
</P>
<P>(a) Structural design, fabrication, and installation information;
</P>
<P>(b) Design, fabrication, installation, and monitoring information on the tendon, or mooring systems, including the turret or buoy system, if applicable; and
</P>
<P>(c) Information on any active station keeping system(s) involving thrusters or other means of propulsion.




</P>
</DIV8>


<DIV8 N="§ 250.240" NODE="30:2.0.1.2.3.2.86.32" TYPE="SECTION">
<HEAD>§ 250.240   What production safety system information must my DWOP include?</HEAD>
<P>You must include the following information in your DWOP, as applicable, to be consistent with the activities you plan to address in the associated production safety system application:
</P>
<P>(a) A general description of the operating procedures;
</P>
<P>(b) Information about the design, fabrication, and operation of an offtake system for transferring produced hydrocarbons to a transport vessel, including a table summarizing the curtailment of production and offloading based on operational considerations;
</P>
<P>(c) A description of the process facility installation and commissioning procedure;
</P>
<P>(d) A safety analysis flow diagram of the production system from the SCSSV downstream to the first item of separation equipment;
</P>
<P>(e) A statement that the surface and/or subsea safety system and emergency support systems will comply with Subpart H of this part. This statement must include:
</P>
<P>(1) The methods, frequency, and acceptance criteria for testing the underwater safety valves (USVs), SCSSVs, and boarding shutdown valves;
</P>
<P>(2) A description of the function and testing of the host facility Emergency Shutdown Device (ESD) system and its interface to the subsea system; and
</P>
<P>(3) If applicable, a description of the surface and/or subsea safety system and emergency support systems not covered in Subpart H of this part. If you propose to use systems not covered in Subpart H of this part, you must request an approval of alternate procedures or equipment according to § 250.141, and you must also include a table that depicts what valves will close, at what times, and for what events or reasons; and
</P>
<P>(f) Information regarding the design, operation, maintenance, personnel competency, and testing of your subsea leak detection system to protect your subsea field/infrastructure (<I>e.g.,</I> trees, manifolds, jumpers). You must include a description of the procedures regarding how you will operate the system, ensure system functionality, identify a leak, and the actions you will take if a leak is identified.




</P>
</DIV8>


<DIV8 N="§ 250.241" NODE="30:2.0.1.2.3.2.86.33" TYPE="SECTION">
<HEAD>§ 250.241   What subsea systems and pipeline information must my DWOP include?</HEAD>
<P>(a) You must include the following information common to the subsea system and the associated pipeline systems, which constitute all or part of a single project development covered by the DWOP and/or is consistent with activities addressed in your associated pipeline application, as applicable:
</P>
<P>(1) The subsea field schematic depicting the planned subsea development equipment and infrastructure, including wells/trees, non-pipe subsea equipment, pipeline route(s), pipeline riser systems, umbilical(s), and platform footprint;
</P>
<P>(2) A description of the subsea development project detailing the subsea and pipeline equipment design criteria and analysis procedures (including industry standards, pressure and temperature ratings, materials selection), testing methods, and general operational procedures;
</P>
<P>(3) A description of the fabrication and assembly/testing location of subsea trees, pipelines, and non-pipe subsea equipment (manifold, Pipeline End Manifold (PLEM), Pipeline End Termination (PLET), Subsea Umbilical Termination Assembly (SUTA), subsea pumps, suction piles, etc.);
</P>
<P>(4) A summary of the Integrity Management Program for subsea tieback development technologies, including a plan for inspection and monitoring to support assessment of the condition of the systems a minimum of once every 10 years. This should include, but is not limited to, the in-service inspections or surveys of hull and topsides structures, tendons, mooring, and pipeline and/or wellbore riser systems to assess component condition by inspection and analysis after each significant environmental event (<I>e.g.,</I> hurricane, earthquake, loop and eddy currents, or mudslide) impacting the system, or once every 10 years, whichever occurs first. You must also include in your Integrity Management Plan a description of how you will determine significant environmental events; and
</P>
<P>(5) A summary of safety and environmental controls.
</P>
<P>(b) You must include the following information about subsea systems that constitute all or part of a single project development covered by the DWOP:
</P>
<P>(1) The system control type (<I>e.g.,</I> direct hydraulic or electro-hydraulic);
</P>
<P>(2) Well tree(s), wellhead, and non-pipe equipment general arrangement drawings and schematics, with size and valve type annotations to illustrate the tree and other equipment in operation;
</P>
<P>(3) The estimated shut-in tubing pressure for the proposed well(s), including the calculation used to arrive at the estimate, specifying TVD, reservoir pressure, and the fluid gradient used, or a brief discussion of the PVT data used for estimation;
</P>
<P>(4) The wellbore static bottomhole temperature and the estimated flowing temperature at the tree, including a description of the method used to calculate this estimate;
</P>
<P>(5) A description of the umbilical(s) and umbilical connection(s), including an umbilical cross-section schematic;
</P>
<P>(6) A description of the chemical or other injection systems and/or enhanced recovery systems you plan to use;
</P>
<P>(7) A description of the corrosion monitoring and prevention/inhibition processes;
</P>
<P>(8) Details of any re-furbished and/or re-certified equipment you plan to use; and
</P>
<P>(9) A schedule of development activities, including well completion, facility installation, and anticipated date of first oil.
</P>
<P>(c) You must include the following pipeline information in your DWOP, as applicable, to be consistent with your associated pipeline application(s):
</P>
<P>(1) General design and fabrication information for each pipeline riser system;
</P>
<P>(2) If you propose to use a pipeline free standing hybrid riser (FSHR) on a permanent installation that uses a buoyancy air can suspended from the top of the riser, you must provide the following information in your DWOP as part of the discussions required by paragraphs (b)(1) and (2) of this section:
</P>
<P>(i) A detailed description and drawings of the FSHR, buoy, and the associated connection system;
</P>
<P>(ii) Detailed information regarding the system used to connect the FSHR to the buoyancy air can, and associated redundancies; and
</P>
<P>(iii) Descriptions of your monitoring system and monitoring plan for the pipeline FSHR and the associated connection system for fatigue, stress, and any other abnormal condition (<I>e.g.,</I> corrosion), that may negatively impact the riser system's integrity.
</P>
<P>(3) Pipeline and pipeline riser installation methods.




</P>
</DIV8>


<DIV8 N="§ 250.242" NODE="30:2.0.1.2.3.2.86.34" TYPE="SECTION">
<HEAD>§ 250.242   What New or Unusual Technology information must my DWOP include?</HEAD>
<P>You must include the following new or unusual technology information in your DWOP, as applicable:
</P>
<P>(a) A description of any new or unusual technology being used in your development project, including a reference to previously approved New or Unusual Technology Conceptual Plans or New or Unusual Technology Barrier Equipment Conceptual Plans.
</P>
<P>(b) A description of any new or unusual technology not covered under the New or Unusual Technology Conceptual Plan or New or Unusual Technology Barrier Equipment Conceptual Plan. You must include the same applicable information as required in § 250.228 or § 250.229.




</P>
</DIV8>


<DIV8 N="§§ 250.243-250.244" NODE="30:2.0.1.2.3.2.86.35" TYPE="SECTION">
<HEAD>§§ 250.243-250.244   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.245" NODE="30:2.0.1.2.3.2.86.36" TYPE="SECTION">
<HEAD>§ 250.245   May I combine the Project Conceptual Plan and the DWOP?</HEAD>
<P>If your development project meets the following criteria, you may submit a combined Project Conceptual Plan/DWOP that complies with all applicable requirements for both, on or before the deadline for submitting the Project Conceptual Plan, as described in § 250.226:
</P>
<P>(a) The project is similar to projects involving subsea tieback development technology for which you have obtained approval previously, and
</P>
<P>(b) The project does not involve either new or unusual technology or a new platform.




</P>
</DIV8>


<DIV8 N="§ 250.246" NODE="30:2.0.1.2.3.2.86.37" TYPE="SECTION">
<HEAD>§ 250.246   When must I revise my DWOP?</HEAD>
<P>You must revise your approved DWOP to reflect any material change to the plan that does not involve a physical alteration of the equipment on the platform or the seabed.




</P>
</DIV8>


<DIV8 N="§ 250.247" NODE="30:2.0.1.2.3.2.86.38" TYPE="SECTION">
<HEAD>§ 250.247   When must I supplement my DWOP?</HEAD>
<P>You must supplement your DWOP to reflect additions or changes in your development project that:
</P>
<P>(a) Physically alter the equipment or systems upstream of your boarding shut down valve, approved in your DWOP. If a Supplemental DWOP includes the addition of a well or wells (<I>e.g.,</I> a new subsea field) not approved in your original DWOP, you may not complete or produce from the new well(s) until BSEE approves the Supplemental DWOP; or
</P>
<P>(b) Involves the addition of any new or unusual technology to your project that was not previously covered under the New or Unusual Technology Conceptual Plan, New or Unusual Technology Barrier Equipment Conceptual Plan, or DWOP. You may not install any new or unusual technology until BSEE approves the applicable Conceptual Plan and Supplemental DWOP.




</P>
</DIV8>


<DIV8 N="§ 250.248" NODE="30:2.0.1.2.3.2.86.39" TYPE="SECTION">
<HEAD>§ 250.248   What information must I include in my Supplemental DWOP?</HEAD>
<P>You must include the following information, as applicable, in your Supplemental DWOP:
</P>
<P>(a) The same information for your wells or equipment as required in the applicable Conceptual Plan and DWOP requirements in this subpart;
</P>
<P>(b) A description of each applicable Conceptual Plan or DWOP section that is being impacted by the addition or change; and
</P>
<P>(c) Documentation demonstrating payment of the service fee listed in § 250.125.






</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="C" NODE="30:2.0.1.2.3.3" TYPE="SUBPART">
<HEAD>Subpart C—Pollution Prevention and Control</HEAD>


<DIV8 N="§ 250.300" NODE="30:2.0.1.2.3.3.87.1" TYPE="SECTION">
<HEAD>§ 250.300   Pollution prevention.</HEAD>
<P>(a) During the exploration, development, production, and transportation of oil and gas or sulphur, the lessee shall take measures to prevent unauthorized discharge of pollutants into the offshore waters. The lessee shall not create conditions that will pose unreasonable risk to public health, life, property, aquatic life, wildlife, recreation, navigation, commercial fishing, or other uses of the ocean.
</P>
<P>(1) When pollution occurs as a result of operations conducted by or on behalf of the lessee and the pollution damages or threatens to damage life (including fish and other aquatic life), property, any mineral deposits (in areas leased or not leased), or the marine, coastal, or human environment, the control and removal of the pollution to the satisfaction of the District Manager shall be at the expense of the lessee. Immediate corrective action shall be taken in all cases where pollution has occurred. Corrective action shall be subject to modification when directed by the District Manager.
</P>
<P>(2) If the lessee fails to control and remove the pollution, the Director, in cooperation with other appropriate Agencies of Federal, State, and local governments, or in cooperation with the lessee, or both, shall have the right to control and remove the pollution at the lessee's expense. Such action shall not relieve the lessee of any responsibility provided for by law.
</P>
<P>(b)(1) The District Manager may restrict the rate of drilling fluid discharges or prescribe alternative discharge methods. The District Manager may also restrict the use of components that could cause unreasonable degradation to the marine environment. No petroleum-based substances, including diesel fuel, may be added to the drilling mud system without prior approval of the District Manager. For Arctic OCS exploratory drilling, you must capture all petroleum-based mud to prevent its discharge into the marine environment. The Regional Supervisor may also require you to capture, during your Arctic OCS exploratory drilling operations, all water-based mud from operations after completion of the hole for the conductor casing to prevent its discharge into the marine environment, based on various factors including, but not limited to:
</P>
<P>(i) The proximity of your exploratory drilling operation to subsistence hunting and fishing locations;
</P>
<P>(ii) The extent to which discharged mud may cause marine mammals to alter their migratory patterns in a manner that impedes subsistence users' access to, or use of, those resources, or increases the risk of injury to subsistence users; or
</P>
<P>(iii) The extent to which discharged mud may adversely affect marine mammals, fish, or their habitat.
</P>
<P>(2) You must obtain approval from the District Manager of the method you plan to use to dispose of drill cuttings, sand, and other well solids. For Arctic OCS exploratory drilling, you must capture all cuttings from operations that utilize petroleum-based mud to prevent their discharge into the marine environment. The Regional Supervisor may also require you to capture, during your Arctic OCS exploratory drilling operations, all cuttings from operations that utilize water-based mud after completion of the hole for the conductor casing to prevent their discharge into the marine environment, based on various factors including, but not limited to:
</P>
<P>(i) The proximity of your exploratory drilling operation to subsistence hunting and fishing locations;
</P>
<P>(ii) The extent to which discharged cuttings may cause marine mammals to alter their migratory patterns in a manner that impedes subsistence users' access to, or use of, those resources, or increases the risk of injury to subsistence users; or
</P>
<P>(iii) The extent to which discharged cuttings may adversely affect marine mammals, fish, or their habitat.
</P>
<P>(3) All hydrocarbon-handling equipment for testing and production such as separators, tanks, and treaters shall be designed, installed, and operated to prevent pollution. Maintenance or repairs which are necessary to prevent pollution of offshore waters shall be undertaken immediately.
</P>
<P>(4) Curbs, gutters, drip pans, and drains shall be installed in deck areas in a manner necessary to collect all contaminants not authorized for discharge. Oil drainage shall be piped to a properly designed, operated, and maintained sump system which will automatically maintain the oil at a level sufficient to prevent discharge of oil into offshore waters. All gravity drains shall be equipped with a water trap or other means to prevent gas in the sump system from escaping through the drains. Sump piles shall not be used as processing devices to treat or skim liquids but may be used to collect treated-produced water, treated-produced sand, or liquids from drip pans and deck drains and as a final trap for hydrocarbon liquids in the event of equipment upsets. Improperly designed, operated, or maintained sump piles which do not prevent the discharge of oil into offshore waters shall be replaced or repaired.
</P>
<P>(5) On artificial islands, all vessels containing hydrocarbons shall be placed inside an impervious berm or otherwise protected to contain spills. Drainage shall be directed away from the drilling rig to a sump. Drains and sumps shall be constructed to prevent seepage.
</P>
<P>(6) Disposal of equipment, cables, chains, containers, or other materials into offshore waters is prohibited.
</P>
<P>(c) Materials, equipment, tools, containers, and other items used in the Outer Continental Shelf (OCS) which are of such shape or configuration that they are likely to snag or damage fishing devices shall be handled and marked as follows:
</P>
<P>(1) All loose material, small tools, and other small objects shall be kept in a suitable storage area or a marked container when not in use and in a marked container before transport over offshore waters;
</P>
<P>(2) All cable, chain, or wire segments shall be recovered after use and securely stored until suitable disposal is accomplished;
</P>
<P>(3) Skid-mounted equipment, portable containers, spools or reels, and drums shall be marked with the owner's name prior to use or transport over offshore waters; and
</P>
<P>(4) All markings must clearly identify the owner and must be durable enough to resist the effects of the environmental conditions to which they may be exposed.
</P>
<P>(d) Any of the items described in paragraph (c) of this section that are lost overboard shall be recorded on the facility's daily operations report, as appropriate, and reported to the District Manager.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 46560, July 15, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.301" NODE="30:2.0.1.2.3.3.87.2" TYPE="SECTION">
<HEAD>§ 250.301   Inspection of facilities.</HEAD>
<P>Drilling and production facilities shall be inspected daily or at intervals approved or prescribed by the District Manager to determine if pollution is occurring. Necessary maintenance or repairs shall be made immediately. Records of such inspections and repairs shall be maintained at the facility or at a nearby manned facility for 2 years.


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.1.2.3.4" TYPE="SUBPART">
<HEAD>Subpart D—Oil and Gas Drilling Operations</HEAD>


<DIV7 N="87" NODE="30:2.0.1.2.3.4.87" TYPE="SUBJGRP">
<HEAD>General Requirements</HEAD>


<DIV8 N="§ 250.400" NODE="30:2.0.1.2.3.4.87.1" TYPE="SECTION">
<HEAD>§ 250.400   General requirements.</HEAD>
<P>Drilling operations must be conducted in a safe manner to protect against harm or damage to life (including fish and other aquatic life), property, natural resources of the Outer Continental Shelf (OCS), including any mineral deposits (in areas leased and not leased), the National security or defense, or the marine, coastal, or human environment. In addition to the requirements of this subpart, you must also follow the applicable requirements of subpart G of this part.
</P>
<CITA TYPE="N">[81 FR 26017, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§§ 250.401-250.403" NODE="30:2.0.1.2.3.4.87.2" TYPE="SECTION">
<HEAD>§§ 250.401-250.403   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.404" NODE="30:2.0.1.2.3.4.87.3" TYPE="SECTION">
<HEAD>§ 250.404   What are the requirements for the crown block?</HEAD>
<P>You must have a crown block safety device that prevents the traveling block from striking the crown block. You must check the device for proper operation at least once per week and after each drill-line slipping operation and record the results of this operational check in the driller's report.


</P>
</DIV8>


<DIV8 N="§ 250.405" NODE="30:2.0.1.2.3.4.87.4" TYPE="SECTION">
<HEAD>§ 250.405   What are the safety requirements for diesel engines used on a drilling rig?</HEAD>
<P>You must equip each diesel engine with an air intake device to shut down the diesel engine in the event of a runaway.
</P>
<P>(a) For a diesel engine that is not continuously manned, you must equip the engine with an automatic shutdown device;
</P>
<P>(b) For a diesel engine that is continuously manned, you may equip the engine with either an automatic or remote manual air intake shutdown device;
</P>
<P>(c) You do not have to equip a diesel engine with an air intake device if it meets one of the following criteria:
</P>
<P>(1) Starts a larger engine;
</P>
<P>(2) Powers a firewater pump;
</P>
<P>(3) Powers an emergency generator;
</P>
<P>(4) Powers a BOP accumulator system;
</P>
<P>(5) Provides air supply to divers or confined entry personnel;
</P>
<P>(6) Powers temporary equipment on a nonproducing platform;
</P>
<P>(7) Powers an escape capsule; or
</P>
<P>(8) Powers a portable single-cylinder rig washer.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36149, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.406" NODE="30:2.0.1.2.3.4.87.5" TYPE="SECTION">
<HEAD>§ 250.406   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.407" NODE="30:2.0.1.2.3.4.87.6" TYPE="SECTION">
<HEAD>§ 250.407   What tests must I conduct to determine reservoir characteristics?</HEAD>
<P>You must determine the presence, quantity, quality, and reservoir characteristics of oil, gas, sulphur, and water in the formations penetrated by logging, formation sampling, or well testing.


</P>
</DIV8>


<DIV8 N="§ 250.408" NODE="30:2.0.1.2.3.4.87.7" TYPE="SECTION">
<HEAD>§ 250.408   May I use alternative procedures or equipment during drilling operations?</HEAD>
<P>You may use alternative procedures or equipment during drilling operations after receiving approval from the District Manager. You must identify and discuss your proposed alternative procedures or equipment in your Application for Permit to Drill (APD) (Form BSEE-0123) (see § 250.414(h)). Procedures for obtaining approval are described in § 250.141 of this part.


</P>
</DIV8>


<DIV8 N="§ 250.409" NODE="30:2.0.1.2.3.4.87.8" TYPE="SECTION">
<HEAD>§ 250.409   May I obtain departures from these drilling requirements?</HEAD>
<P>The District Manager may approve departures from the drilling requirements specified in this subpart. You may apply for a departure from drilling requirements by writing to the District Manager. You should identify and discuss the departure you are requesting in your APD (see § 250.414(h)).


</P>
</DIV8>

</DIV7>


<DIV7 N="88" NODE="30:2.0.1.2.3.4.88" TYPE="SUBJGRP">
<HEAD>Applying for a Permit To Drill</HEAD>


<DIV8 N="§ 250.410" NODE="30:2.0.1.2.3.4.88.9" TYPE="SECTION">
<HEAD>§ 250.410   How do I obtain approval to drill a well?</HEAD>
<P>You must obtain written approval from the District Manager before you begin drilling any well or before you sidetrack, bypass, or deepen a well. To obtain approval, you must:
</P>
<P>(a) Submit the information required by §§ 250.411 through 250.418;
</P>
<P>(b) Include the well in your approved Exploration Plan (EP), Development and Production Plan (DPP), or Development Operations Coordination Document (DOCD);
</P>
<P>(c) Meet the oil spill financial responsibility requirements for offshore facilities as required by 30 CFR part 553; and
</P>
<P>(d) Submit the following to the District Manager:
</P>
<P>(1) An original and two complete copies of Form BSEE-0123, Application for Permit to Drill (APD), and Form BSEE-0123S, Supplemental APD Information Sheet;
</P>
<P>(2) A separate public information copy of forms BSEE-0123 and BSEE-0123S that meets the requirements of § 250.186; and
</P>
<P>(3) Payment of the service fee listed in § 250.125.


</P>
</DIV8>


<DIV8 N="§ 250.411" NODE="30:2.0.1.2.3.4.88.10" TYPE="SECTION">
<HEAD>§ 250.411   What information must I submit with my application?</HEAD>
<P>In addition to forms BSEE-0123 and BSEE-0123S, you must include the information required in this subpart and subpart G of this part, including the following:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Information that you must include with an APD
</TH><TH class="gpotbl_colhed" scope="col">Where to find a description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Plat that shows locations of the proposed well,</TD><TD align="left" class="gpotbl_cell">§ 250.412.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Design criteria used for the proposed well,</TD><TD align="left" class="gpotbl_cell">§ 250.413.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Drilling prognosis,</TD><TD align="left" class="gpotbl_cell">§ 250.414.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Casing and cementing programs,</TD><TD align="left" class="gpotbl_cell">§ 250.415.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Diverter systems descriptions,</TD><TD align="left" class="gpotbl_cell">§ 250.416.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) BOP system descriptions,</TD><TD align="left" class="gpotbl_cell">§ 250.731.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) Requirements for using a MODU, and</TD><TD align="left" class="gpotbl_cell">§ 250.713.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(h) Additional information.</TD><TD align="left" class="gpotbl_cell">§ 250.418.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[81 FR 26017, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.412" NODE="30:2.0.1.2.3.4.88.11" TYPE="SECTION">
<HEAD>§ 250.412   What requirements must the location plat meet?</HEAD>
<P>The location plat must:
</P>
<P>(a) Have a scale of 1:24,000 (1 inch = 2,000 feet);
</P>
<P>(b) Show the surface and subsurface locations of the proposed well and all the wells in the vicinity;
</P>
<P>(c) Show the surface and subsurface locations of the proposed well in feet or meters from the block line;
</P>
<P>(d) Contain the longitude and latitude coordinates, and either Universal Transverse Mercator grid-system coordinates or state plane coordinates in the Lambert or Transverse Mercator Projection system for the surface and subsurface locations of the proposed well; and
</P>
<P>(e) State the units and geodetic datum (including whether the datum is North American Datum 27 or 83) for these coordinates. If the datum was converted, you must state the method used for this conversion, since the various methods may produce different values.


</P>
</DIV8>


<DIV8 N="§ 250.413" NODE="30:2.0.1.2.3.4.88.12" TYPE="SECTION">
<HEAD>§ 250.413   What must my description of well drilling design criteria address?</HEAD>
<P>Your description of well drilling design criteria must address:
</P>
<P>(a) Pore pressures;
</P>
<P>(b) Formation fracture gradients, adjusted for water depth;
</P>
<P>(c) Potential lost circulation zones;
</P>
<P>(d) Drilling fluid weights;
</P>
<P>(e) Casing setting depths;
</P>
<P>(f) Maximum anticipated surface pressures. For this section, maximum anticipated surface pressures are the pressures that you reasonably expect to be exerted upon a casing string and its related wellhead equipment. In calculating maximum anticipated surface pressures, you must consider: drilling, completion, and producing conditions; drilling fluid densities to be used below various casing strings; fracture gradients of the exposed formations; casing setting depths; total well depth; formation fluid types; safety margins; and other pertinent conditions. You must include the calculations used to determine the pressures for the drilling and the completion phases, including the anticipated surface pressure used for designing the production string;
</P>
<P>(g) A single plot containing curves for estimated pore pressures, formation fracture gradients, proposed drilling fluid weights (surface and downhole), planned safe drilling margin, and casing setting depths in true vertical measurements;
</P>
<P>(h) A summary report of the shallow hazards site survey that describes the geological and manmade conditions if not previously submitted; and
</P>
<P>(i) Permafrost zones, if applicable.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26017, Apr. 29, 2016; 84 FR 21973, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.414" NODE="30:2.0.1.2.3.4.88.13" TYPE="SECTION">
<HEAD>§ 250.414   What must my drilling prognosis include?</HEAD>
<P>Your drilling prognosis must include a brief description of the procedures you will follow in drilling the well. This prognosis includes but is not limited to the following:
</P>
<P>(a) Projected plans for coring at specified depths;
</P>
<P>(b) Projected plans for logging;
</P>
<P>(c) Planned safe drilling margin that is between the estimated pore pressure and the lesser of estimated fracture gradients or casing shoe pressure integrity test and that is based on a risk assessment consistent with expected well conditions and operations.
</P>
<P>(1) Your safe drilling margin must also include use of equivalent downhole mud weight that is:
</P>
<P>(i) Greater than the estimated pore pressure; and
</P>
<P>(ii) Except as provided in paragraph (c)(2) of this section, a minimum of 0.5 pound per gallon below the lower of the casing shoe pressure integrity test or the lowest estimated fracture gradient.
</P>
<P>(2) In lieu of meeting the criteria in paragraph (c)(1)(ii) of this section, you may use an equivalent downhole mud weight as specified in your APD, provided that you submit adequate documentation (such as risk modeling data, off-set well data, analog data, seismic data) to justify the alternative equivalent downhole mud weight. You may submit such justification in advance of your full APD, and BSEE may consider such justification for approval when submitted. Any such approval will be contingent upon your confirmation in the APD that your plans and the information underlying your approved justification have not changed.
</P>
<P>(3) When determining the pore pressure and lowest estimated fracture gradient for a specific interval, you must consider related off-set and analogous well behavior observations, if available.
</P>
<P>(d) Estimated depths to the top of significant marker formations;
</P>
<P>(e) Estimated depths to significant porous and permeable zones containing fresh water, oil, gas, or abnormally pressured formation fluids;
</P>
<P>(f) Estimated depths to major faults;
</P>
<P>(g) Estimated depths of permafrost, if applicable;
</P>
<P>(h) A list and description of all requests for using alternate procedures or departures from the requirements of this subpart in one place in the APD. You must explain how the alternate procedures afford an equal or greater degree of protection, safety, or performance, or why the departures are requested;
</P>
<P>(i) Projected plans for well testing (refer to § 250.460);
</P>
<P>(j) The type of wellhead system and liner hanger system to be installed and a descriptive schematic, which includes but is not limited to pressure ratings, dimensions, valves, load shoulders, and locking mechanisms, if applicable; and
</P>
<P>(k) Any additional information required by the District Manager needed to clarify or evaluate your drilling prognosis.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26017, Apr. 29, 2016; 84 FR 21973, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.415" NODE="30:2.0.1.2.3.4.88.14" TYPE="SECTION">
<HEAD>§ 250.415   What must my casing and cementing programs include?</HEAD>
<XREF ID="20260610" REFID="12">Link to an amendment published at 91 FR 35351, June 10, 2026.</XREF>
<P>Your casing and cementing programs must include:
</P>
<P>(a) The following well design information:
</P>
<P>(1) Hole sizes;
</P>
<P>(2) Bit depths (including measured and true vertical depth (TVD));
</P>
<P>(3) Casing information, including sizes, weights, grades, collapse and burst values, types of connection, and setting depths (measured and TVD) for all sections of each casing interval; and
</P>
<P>(4) Locations of any installed rupture disks (indicate if burst or collapse and rating);
</P>
<P>(b) Casing design safety factors for tension, collapse, and burst with the assumptions made to arrive at these values;
</P>
<P>(c) Type and amount of cement (in cubic feet) planned for each casing string;
</P>
<P>(d) In areas containing permafrost, setting depths for conductor and surface casing based on the anticipated depth of the permafrost. Your program must provide protection from thaw subsidence and freezeback effect, proper anchorage, and well control;
</P>
<P>(e) A statement of how you evaluated the best practices included in API RP 65, Recommended Practice for Cementing Shallow Water Flow Zones in Deep Water Wells (as incorporated by reference in § 250.198), if you drill a well in water depths greater than 500 feet and are in either of the following two areas:
</P>
<P>(1) An “area with an unknown shallow water flow potential” is a zone or geologic formation where neither the presence nor absence of potential for a shallow water flow has been confirmed.
</P>
<P>(2) An “area known to contain a shallow water flow hazard” is a zone or geologic formation for which drilling has confirmed the presence of shallow water flow; and
</P>
<P>(f) A written description of how you evaluated the best practices included in API Standard 65—Part 2, Isolating Potential Flow Zones During Well Construction, Second Edition (as incorporated by reference in § 250.198). Your written description must identify the mechanical barriers and cementing practices you will use for each casing string (reference API Standard 65—Part 2, Sections 4 and 5).


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50891, Aug. 22, 2012; 81 FR 26018, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.416" NODE="30:2.0.1.2.3.4.88.15" TYPE="SECTION">
<HEAD>§ 250.416   What must I include in the diverter description?</HEAD>
<P>You must include in the diverter description:
</P>
<P>(a) A description of the diverter system and its operating procedures;
</P>
<P>(b) A schematic drawing of the diverter system (plan and elevation views) that shows:
</P>
<P>(1) The size of the element installed in the diverter housing;
</P>
<P>(2) Spool outlet internal diameter(s);
</P>
<P>(3) Diverter-line lengths and diameters; burst strengths and radius of curvature at each turn; and
</P>
<P>(4) Valve type, size, working pressure rating, and location.
</P>
<CITA TYPE="N">[81 FR 26018, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.417" NODE="30:2.0.1.2.3.4.88.16" TYPE="SECTION">
<HEAD>§ 250.417   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.418" NODE="30:2.0.1.2.3.4.88.17" TYPE="SECTION">
<HEAD>§ 250.418   What additional information must I submit with my APD?</HEAD>
<P>You must include the following with the APD:
</P>
<P>(a) Rated capacities of the drilling rig and major drilling equipment, if not already on file with the appropriate District office;
</P>
<P>(b) A drilling fluids program that includes the minimum quantities of drilling fluids and drilling fluid materials, including weight materials, to be kept at the site;
</P>
<P>(c) A proposed directional plot if the well is to be directionally drilled;
</P>
<P>(d) A Hydrogen Sulfide Contingency Plan (see § 250.490), if applicable, and not previously submitted;
</P>
<P>(e) A welding plan (see §§ 250.109 to 250.113) if not previously submitted;
</P>
<P>(f) In areas subject to subfreezing conditions, evidence that the drilling equipment, BOP systems and components, diverter systems, and other associated equipment and materials are suitable for operating under such conditions;
</P>
<P>(g) A request for approval, if you plan to wash out or displace cement to facilitate casing removal upon well abandonment. Your request must include a description of how far below the mudline you propose to displace cement and how you will visually monitor returns;
</P>
<P>(h) Certification of your casing and cementing program as required in § 250.420(a)(7); and
</P>
<P>(i) Such other information as the District Manager may require.
</P>
<P>(j) For Arctic OCS exploratory drilling operations, you must provide the information required by § 250.470.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50892, Aug. 22, 2012; 81 FR 26018, Apr. 29, 2016; 81 FR 46561, July 15, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="89" NODE="30:2.0.1.2.3.4.89" TYPE="SUBJGRP">
<HEAD>Casing and Cementing Requirements</HEAD>


<DIV8 N="§ 250.420" NODE="30:2.0.1.2.3.4.89.18" TYPE="SECTION">
<HEAD>§ 250.420   What well casing and cementing requirements must I meet?</HEAD>
<XREF ID="20260610" REFID="13">Link to an amendment published at 91 FR 35351, June 10, 2026.</XREF>
<P>You must case and cement all wells. Your casing and cementing programs must meet the applicable requirements of this subpart and of subpart G of this part.
</P>
<P>(a) <I>Casing and cementing program requirements.</I> Your casing and cementing programs must:
</P>
<P>(1) Properly control formation pressures and fluids;
</P>
<P>(2) Prevent the direct or indirect release of fluids from any stratum through the wellbore into offshore waters;
</P>
<P>(3) Prevent communication between separate hydrocarbon-bearing strata;
</P>
<P>(4) Protect freshwater aquifers from contamination;
</P>
<P>(5) Support unconsolidated sediments;
</P>
<P>(6) Provide adequate centralization consistent with the guidelines of API Standard 65—Part 2 (as incorporated by reference in § 250.198); and
</P>
<P>(7)(i) Include a certification signed by a registered professional engineer that the casing and cementing design is appropriate for the purpose for which it is intended under expected wellbore conditions, and is sufficient to satisfy the tests and requirements of this section and § 250.423. Submit this certification with your APD (Form BSEE-0123).
</P>
<P>(ii) You must have the registered professional engineer involved in the casing and cementing design process.
</P>
<P>(iii) The registered professional engineer must be registered in a state of the United States and have sufficient expertise and experience to perform the certification.
</P>
<P>(b) <I>Casing requirements.</I> (1) You must design casing (including liners) to withstand the anticipated stresses imposed by tensile, compressive, and buckling loads; burst and collapse pressures; thermal effects; and combinations thereof.
</P>
<P>(2) The casing design must include safety measures that ensure well control during drilling and safe operations during the life of the well.
</P>
<P>(3) On all wells that use subsea BOP stacks, you must include two independent barriers, including one mechanical barrier, in each annular flow path (examples of barriers include, but are not limited to, primary cement job and seal assembly). For the final casing string (or liner if it is your final string), you must install one mechanical barrier in addition to cement to prevent flow in the event of a failure in the cement. A dual float valve, by itself, is not considered a mechanical barrier. These barriers cannot be modified prior to or during completion or abandonment operations. The BSEE District Manager may approve alternative options under § 250.141. You must submit documentation of this installation to BSEE in the End-of-Operations Report (Form BSEE-0125).
</P>
<P>(4) If you need to substitute a different size, grade, or weight of casing than what was approved in your APD, you must contact the District Manager for approval prior to installing the casing.
</P>
<P>(c) <I>Cementing requirements</I>. (1) You must design and conduct your cementing jobs so that cement composition, placement techniques, and waiting times ensure that the cement placed behind the bottom 500 feet of casing attains a minimum compressive strength of 500 psi before drilling out the casing or before commencing completion operations. (If a liner is used refer to § 250.421(f)).
</P>
<P>(2) You must use a weighted fluid during displacement to maintain an overbalanced hydrostatic pressure during the cement setting time, except when cementing casings or liners in riserless hole sections.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50892, Aug. 22, 2012; 81 FR 26018, Apr. 29, 2016; 84 FR 21973, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.421" NODE="30:2.0.1.2.3.4.89.19" TYPE="SECTION">
<HEAD>§ 250.421   What are the casing and cementing requirements by type of casing string?</HEAD>
<P>The table in this section identifies specific design, setting, and cementing requirements for casing strings and liners. For the purposes of subpart D, the casing strings in order of normal installation are as follows: drive or structural, conductor, surface, intermediate, and production casings (including liners). The District Manager may approve or prescribe other casing and cementing requirements where appropriate.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Casing type
</TH><TH class="gpotbl_colhed" scope="col">Casing requirements
</TH><TH class="gpotbl_colhed" scope="col">Cementing requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Drive or Structural</TD><TD align="left" class="gpotbl_cell">Set by driving, jetting, or drilling to the minimum depth as approved or prescribed by the District Manager</TD><TD align="left" class="gpotbl_cell">If you drilled a portion of this hole, you must use enough cement to fill the annular space back to the mudline.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Conductor</TD><TD align="left" class="gpotbl_cell">Design casing and select setting depths based on relevant engineering and geologic factors. These factors include the presence or absence of hydrocarbons, potential hazards, and water depths
<br/>Set casing immediately before drilling into formations known to contain oil or gas. If you encounter oil or gas or unexpected formation pressure before the planned casing point, you must set casing immediately and set it above the encountered zone</TD><TD align="left" class="gpotbl_cell">Use enough cement to fill the calculated annular space back to the mudline.
<br/>Verify annular fill by observing cement returns. If you cannot observe cement returns, use additional cement to ensure fill-back to the mudline.
<br/>For drilling on an artificial island or when using a well cellar, you must discuss the cement fill level with the District Manager.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Surface</TD><TD align="left" class="gpotbl_cell">Design casing and select setting depths based on relevant engineering and geologic factors. These factors include the presence or absence of hydrocarbons, potential hazards, and water depths</TD><TD align="left" class="gpotbl_cell">Use enough cement to fill the calculated annular space to at least 200 feet measured depth (MD) inside the conductor casing.
<br/>When geologic conditions such as near-surface fractures and faulting exist, you must use enough cement to fill the calculated annular space to the mudline.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Intermediate</TD><TD align="left" class="gpotbl_cell">Design casing and select setting depth based on anticipated or encountered geologic characteristics or wellbore conditions</TD><TD align="left" class="gpotbl_cell">Use enough cement to cover and isolate all hydrocarbon-bearing zones and isolate abnormal pressure intervals from normal pressure intervals in the well.
<br/>As a minimum, you must cement the annular space 500 feet MD above the casing shoe and 500 feet MD above each zone to be isolated.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Production</TD><TD align="left" class="gpotbl_cell">Design casing and select setting depth based on anticipated or encountered geologic characteristics or wellbore conditions</TD><TD align="left" class="gpotbl_cell">Use enough cement to cover or isolate all hydrocarbon-bearing zones above the shoe.
<br/>As a minimum, you must cement the annular space at least 500 feet MD above the casing shoe and 500 feet MD above the uppermost hydrocarbon-bearing zone.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) Liners</TD><TD align="left" class="gpotbl_cell">If you use a liner as surface casing, you must set the top of the liner at least 200 feet MD above the previous casing/liner shoe
<br/>If you use a liner as an intermediate string below a surface string or production casing below an intermediate string, you must set the top of the liner at least 100 feet MD above the previous casing shoe.
<br/>You may not use a liner as conductor casing.
<br/>A subsea well casing string whose top is above the mudline and that has been cemented back to the mudline will not be considered a liner.
</TD><TD align="left" class="gpotbl_cell">Same as cementing requirements for specific casing types. For example, a liner used as intermediate casing must be cemented according to the cementing requirements for intermediate casing. </TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26018, Apr. 29, 2016; 84 FR 21974, May 15, 2019]







</CITA>
</DIV8>


<DIV8 N="§ 250.422" NODE="30:2.0.1.2.3.4.89.20" TYPE="SECTION">
<HEAD>§ 250.422   When may I resume drilling after cementing?</HEAD>
<P>(a) After cementing surface, intermediate, or production casing (or liners), you may resume drilling after the cement has been held under pressure for 12 hours. For conductor casing, you may resume drilling after the cement has been held under pressure for 8 hours. One acceptable method of holding cement under pressure is to use float valves to hold the cement in place.
</P>
<P>(b) If you plan to nipple down your diverter or BOP stack during the 8- or 12-hour waiting time, you must determine, before nippling down, when it will be safe to do so. You must base your determination on a knowledge of formation conditions, cement composition, effects of nippling down, presence of potential drilling hazards, well conditions during drilling, cementing, and post cementing, as well as past experience.


</P>
</DIV8>


<DIV8 N="§ 250.423" NODE="30:2.0.1.2.3.4.89.21" TYPE="SECTION">
<HEAD>§ 250.423   What are the requirements for casing and liner installation?</HEAD>
<P>You must ensure proper installation of casing in the subsea wellhead or liner in the liner hanger.
</P>
<P>(a) You must ensure that the latching mechanisms or lock down mechanisms are engaged upon successfully installing the casing string.
</P>
<P>(b) If you run a liner that has a latching mechanism or lock down mechanism, you must ensure that the latching mechanisms or lock down mechanisms are engaged upon successfully installing the liner.
</P>
<P>(c) You must perform a pressure test on the casing seal assembly to ensure proper installation of casing or liner. You must perform this test for the intermediate and production casing strings or liners.
</P>
<P>(1) You must submit for approval with your APD, test procedures and criteria for a successful test.
</P>
<P>(2) You must document all your test results and make them available to BSEE upon request.
</P>
<CITA TYPE="N">[81 FR 26019, Apr. 29, 2016, as amended at 84 FR 21974, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§§ 250.424-250.426" NODE="30:2.0.1.2.3.4.89.22" TYPE="SECTION">
<HEAD>§§ 250.424-250.426   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.427" NODE="30:2.0.1.2.3.4.89.23" TYPE="SECTION">
<HEAD>§ 250.427   What are the requirements for pressure integrity tests?</HEAD>
<XREF ID="20260610" REFID="14">Link to an amendment published at 91 FR 35351, June 10, 2026.</XREF>
<P>You must conduct a pressure integrity test below the surface casing or liner and all intermediate casings or liners. The District Manager may require you to run a pressure-integrity test at the conductor casing shoe if warranted by local geologic conditions or the planned casing setting depth. You must conduct each pressure integrity test after drilling at least 10 feet but no more than 50 feet of new hole below the casing shoe. You must test to either the formation leak-off pressure or to an equivalent drilling fluid weight if identified in an approved APD.
</P>
<P>(a) You must use the pressure integrity test and related hole-behavior observations, such as pore-pressure test results, gas-cut drilling fluid, and well kicks to adjust the drilling fluid program and the setting depth of the next casing string. You must record all test results and hole-behavior observations made during the course of drilling related to formation integrity and pore pressure in the driller's report.
</P>
<P>(b) While drilling, you must maintain the safe drilling margin identified in § 250.414. When you cannot maintain the safe drilling margin, you must:
</P>
<P>(1) Suspend drilling operations and submit proposed remedial actions to the District Manager. The District Manager must review and approve your proposed remedial actions, which may include limited drilling through a lost circulation zone; or
</P>
<P>(2) Notify the District Manager and take further action in accordance with API Bulletin 92L (as incorporated by reference in § 250.198), if appropriate. You must submit a revised permit documenting any responsive actions taken.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26019, Apr. 29, 2016; 84 FR 21974, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.428" NODE="30:2.0.1.2.3.4.89.24" TYPE="SECTION">
<HEAD>§ 250.428   What must I do in certain cementing and casing situations?</HEAD>
<P>The table in this section describes actions that lessees must take when certain situations occur during casing and cementing activities.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you encounter the following situation:
</TH><TH class="gpotbl_colhed" scope="col">Then you must . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Have unexpected formation pressures or conditions that warrant revising your casing design,</TD><TD align="left" class="gpotbl_cell">Submit a revised casing program to the District Manager for approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Need to change casing setting depths or hole interval drilling depth (for a BHA with an under-reamer, this means bit depth) more than 100 feet true vertical depth (TVD) from the approved APD due to conditions encountered during drilling operations,</TD><TD align="left" class="gpotbl_cell">Submit those changes to the District Manager for approval and include a certification by a professional engineer (PE) that he or she reviewed and approved the proposed changes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Have indication of inadequate cement job (such as unplanned lost returns, no cement returns to mudline or expected height, cement channeling, or failure of equipment),</TD><TD align="left" class="gpotbl_cell">(1) Locate the top of cement by:
<br/>(i) Running a temperature survey;
<br/>(ii) Running a cement evaluation log;
<br/>(iii) Using tracers in the cement and logging them prior to drill out; or
<br/>(iv) Using a combination of these techniques.
<br/>(2) Determine if your cement job is inadequate. If your cement job is determined to be inadequate, refer to paragraph (d) of this section.
<br/>(3) If your cement job is determined to be adequate, report the results to the District Manager in your submitted WAR.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Inadequate cement job,</TD><TD align="left" class="gpotbl_cell">Comply with § 250.428(c)(1) and take remedial actions. The District Manager must review and approve all remedial actions either through a previously approved contingency plan within the permit or remedial actions included in a revised permit before you may take them, unless immediate actions must be taken to ensure the safety of the crew or to prevent a well-control event. If you complete any immediate action to ensure the safety of the crew or to prevent a well-control event, submit a description of the action to the District Manager when that action is complete. Any changes to the well program, that are not included in the approved permit, will require submittal of a certification by a professional engineer (PE) certifying that they have reviewed and approved the proposed changes. You must also meet any other requirements of the District Manager for remedial actions.


</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Primary cement job that did not isolate abnormal pressure intervals,</TD><TD align="left" class="gpotbl_cell">Isolate those intervals from normal pressures by squeeze cementing before you complete; suspend operations; or abandon the well, whichever occurs first.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) Decide to produce a well that was not originally contemplated for production,</TD><TD align="left" class="gpotbl_cell">Have at least two cemented casing strings (does not include liners) in the well. Note: All producing wells must have at least two cemented casing strings.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) Want to drill a well without setting conductor casing,</TD><TD align="left" class="gpotbl_cell">Submit geologic data and information to the District Manager that demonstrates the absence of shallow hydrocarbons or hazards. This information must include logging and drilling fluid-monitoring from wells previously drilled within 500 feet of the proposed well path down to the next casing point.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(h) Need to use less than required cement for the surface casing during floating drilling operations to provide protection from burst and collapse pressures,</TD><TD align="left" class="gpotbl_cell">Submit information to the District Manager that demonstrates the use of less cement is necessary.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Cement across a permafrost zone,</TD><TD align="left" class="gpotbl_cell">Use cement that sets before it freezes and has a low heat of hydration.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(j) Leave the annulus opposite a permafrost zone uncemented,</TD><TD align="left" class="gpotbl_cell">Fill the annulus with a liquid that has a freezing point below the minimum permafrost temperature and minimizes opposite a corrosion.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(k) Plan to use a valve(s) on the drive pipe during cementing operations for the conductor casing, surface casing, or liner,</TD><TD align="left" class="gpotbl_cell">Include a description of the plan in your APD. Your description must include a schematic of the valve and height above the water line. The valve must be remotely operated and full opening with visual observation while taking returns. The person in charge of observing returns must be in communication with the drill floor. You must record in your daily report and in the WAR if cement returns were observed. If cement returns are not observed, you must contact the District Manager and obtain approval of proposed plans to locate the top of cement before continuing with operations.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50892, Aug. 22, 2012; 81 FR 26019, Apr. 29, 2016; 84 FR 21974, May 15, 2019]



</CITA>
</DIV8>

</DIV7>


<DIV7 N="90" NODE="30:2.0.1.2.3.4.90" TYPE="SUBJGRP">
<HEAD>Diverter System Requirements</HEAD>


<DIV8 N="§ 250.430" NODE="30:2.0.1.2.3.4.90.25" TYPE="SECTION">
<HEAD>§ 250.430   When must I install a diverter system?</HEAD>
<P>You must install a diverter system before you drill a conductor or surface hole. The diverter system consists of a diverter sealing element, diverter lines, and control systems. You must design, install, use, maintain, and test the diverter system to ensure proper diversion of gases, water, drilling fluid, and other materials away from facilities and personnel.


</P>
</DIV8>


<DIV8 N="§ 250.431" NODE="30:2.0.1.2.3.4.90.26" TYPE="SECTION">
<HEAD>§ 250.431   What are the diverter design and installation requirements?</HEAD>
<P>You must design and install your diverter system to:
</P>
<P>(a) Use diverter spool outlets and diverter lines that have a nominal diameter of at least 10 inches for surface wellhead configurations and at least 12 inches for floating drilling operations;
</P>
<P>(b) Use dual diverter lines arranged to provide for downwind diversion capability;
</P>
<P>(c) Use at least two diverter control stations. One station must be on the drilling floor. The other station must be in a readily accessible location away from the drilling floor;
</P>
<P>(d) Use only remote-controlled valves in the diverter lines. All valves in the diverter system must be full-opening. You may not install manual or butterfly valves in any part of the diverter system;
</P>
<P>(e) Minimize the number of turns (only one 90-degree turn allowed for each line for bottom-founded drilling units) in the diverter lines, maximize the radius of curvature of turns, and target all right angles and sharp turns;
</P>
<P>(f) Anchor and support the entire diverter system to prevent whipping and vibration; and
</P>
<P>(g) Protect all diverter-control instruments and lines from possible damage by thrown or falling objects.


</P>
</DIV8>


<DIV8 N="§ 250.432" NODE="30:2.0.1.2.3.4.90.27" TYPE="SECTION">
<HEAD>§ 250.432   How do I obtain a departure to diverter design and installation requirements?</HEAD>
<P>The table below describes possible departures from the diverter requirements and the conditions required for each departure. To obtain one of these departures, you must have discussed the departure in your APD and received approval from the District Manager.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you want a departure to:
</TH><TH class="gpotbl_colhed" scope="col">Then you must . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Use flexible hose for diverter lines instead of rigid pipe,</TD><TD align="left" class="gpotbl_cell">Use flexible hose that has integral end couplings.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Use only one spool outlet for your diverter system,</TD><TD align="left" class="gpotbl_cell">(1) Have branch lines that meet the minimum internal diameter requirements; and (2) Provide downwind diversion capability.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Use a spool with an outlet with an internal diameter of less than 10 inches on a surface wellhead,</TD><TD align="left" class="gpotbl_cell">Use a spool that has dual outlets with an internal diameter of at least 8 inches.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Use a single diverter line for floating drilling operations on a dynamically positioned drillship,</TD><TD align="left" class="gpotbl_cell">Maintain an appropriate vessel heading to provide for downwind diversion.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.433" NODE="30:2.0.1.2.3.4.90.28" TYPE="SECTION">
<HEAD>§ 250.433   What are the diverter actuation and testing requirements?</HEAD>
<P>When you install the diverter system, you must actuate the diverter sealing element, diverter valves, and diverter-control systems and control stations. You must also flow-test the vent lines.
</P>
<P>(a) For drilling operations with a surface wellhead configuration, you must actuate the diverter system at least once every 24-hour period after the initial test. After you have nippled up on conductor casing, you must pressure-test the diverter-sealing element and diverter valves to a minimum of 200 psi. While the diverter is installed, you must conduct subsequent pressure tests within 7 days after the previous test.
</P>
<P>(b) For floating drilling operations with a subsea BOP stack, you must actuate the diverter system within 7 days after the previous actuation. For subsequent testing, you may partially actuate the diverter element and a flow test is not required.
</P>
<P>(c) You must alternate actuations and tests between control stations.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 84 FR 21975, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.434" NODE="30:2.0.1.2.3.4.90.29" TYPE="SECTION">
<HEAD>§ 250.434   What are the recordkeeping requirements for diverter actuations and tests?</HEAD>
<P>You must record the time, date, and results of all diverter actuations and tests in the driller's report. In addition, you must:
</P>
<P>(a) Record the diverter pressure test on a pressure chart;
</P>
<P>(b) Require your onsite representative to sign and date the pressure test chart;
</P>
<P>(c) Identify the control station used during the test or actuation;
</P>
<P>(d) Identify problems or irregularities observed during the testing or actuations and record actions taken to remedy the problems or irregularities; and
</P>
<P>(e) Retain all pressure charts and reports pertaining to the diverter tests and actuations at the facility for the duration of drilling the well.


</P>
</DIV8>


<DIV8 N="§§ 250.440-250.451" NODE="30:2.0.1.2.3.4.90.30" TYPE="SECTION">
<HEAD>§§ 250.440-250.451   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.452" NODE="30:2.0.1.2.3.4.90.31" TYPE="SECTION">
<HEAD>§ 250.452   What are the real-time monitoring requirements for Arctic OCS exploratory drilling operations?</HEAD>
<P>(a) When conducting exploratory drilling operations on the Arctic OCS, you must gather and monitor real-time data using an independent, automatic, and continuous monitoring system capable of recording, storing, and transmitting data regarding the following:
</P>
<P>(1) The BOP control system;
</P>
<P>(2) The well's fluid handling systems on the rig; and
</P>
<P>(3) The well's downhole conditions as monitored by a downhole sensing system, when such a system is installed.
</P>
<P>(b) During well operations, you must transmit the data identified in paragraph (a) of this section as they are gathered, barring unforeseeable or unpreventable interruptions in transmission, and have the capability to monitor the data onshore, using qualified personnel. Onshore personnel who monitor real-time data must have the capability to contact rig personnel during operations. After well operations, you must store the data at a designated location for recordkeeping purposes as required in §§ 250.740 and 250.741. You must provide BSEE with access to your real-time monitoring data onshore upon request.
</P>
<CITA TYPE="N">[81 FR 46561, July 15, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="91" NODE="30:2.0.1.2.3.4.91" TYPE="SUBJGRP">
<HEAD>Drilling Fluid Requirements</HEAD>


<DIV8 N="§ 250.455" NODE="30:2.0.1.2.3.4.91.32" TYPE="SECTION">
<HEAD>§ 250.455   What are the general requirements for a drilling fluid program?</HEAD>
<P>You must design and implement your drilling fluid program to prevent the loss of well control. This program must address drilling fluid safe practices, testing and monitoring equipment, drilling fluid quantities, and drilling fluid-handling areas.


</P>
</DIV8>


<DIV8 N="§ 250.456" NODE="30:2.0.1.2.3.4.91.33" TYPE="SECTION">
<HEAD>§ 250.456   What safe practices must the drilling fluid program follow?</HEAD>
<P>Your drilling fluid program must include the following safe practices:
</P>
<P>(a) Before starting out of the hole with drill pipe, you must properly condition the drilling fluid. You must circulate a volume of drilling fluid equal to the annular volume with the drill pipe just off-bottom. You may omit this practice if documentation in the driller's report shows:
</P>
<P>(1) No indication of formation fluid influx before starting to pull the drill pipe from the hole;
</P>
<P>(2) The weight of returning drilling fluid is within 0.2 pounds per gallon (1.5 pounds per cubic foot) of the drilling fluid entering the hole; and
</P>
<P>(3) Other drilling fluid properties are within the limits established by the program approved in the APD.
</P>
<P>(b) Record each time you circulate drilling fluid in the hole in the driller's report;
</P>
<P>(c) When coming out of the hole with drill pipe, you must fill the annulus with drilling fluid before the hydrostatic pressure decreases by 75 psi, or every five stands of drill pipe, whichever gives a lower decrease in hydrostatic pressure. You must calculate the number of stands of drill pipe and drill collars that you may pull before you must fill the hole. You must also calculate the equivalent drilling fluid volume needed to fill the hole. Both sets of numbers must be posted near the driller's station. You must use a mechanical, volumetric, or electronic device to measure the drilling fluid required to fill the hole;
</P>
<P>(d) You must run and pull drill pipe and downhole tools at controlled rates so you do not swab or surge the well;
</P>
<P>(e) When there is an indication of swabbing or influx of formation fluids, you must take appropriate measures to control the well. You must circulate and condition the well, on or near-bottom, unless well or drilling-fluid conditions prevent running the drill pipe back to the bottom;
</P>
<P>(f) You must calculate and post near the driller's console the maximum pressures that you may safely contain under a shut-in BOP for each casing string. The pressures posted must consider the surface pressure at which the formation at the shoe would break down, the rated working pressure of the BOP stack, and 70 percent of casing burst (or casing test as approved by the District Manager). As a minimum, you must post the following two pressures:
</P>
<P>(1) The surface pressure at which the shoe would break down. This calculation must consider the current drilling fluid weight in the hole; and
</P>
<P>(2) The lesser of the BOP's rated working pressure or 70 percent of casing-burst pressure (or casing test otherwise approved by the District Manager);
</P>
<P>(g) You must install an operable drilling fluid-gas separator and degasser before you begin drilling operations. You must maintain this equipment throughout the drilling of the well;
</P>
<P>(h) Before pulling drill-stem test tools from the hole, you must circulate or reverse-circulate the test fluids in the hole. If circulating out test fluids is not feasible, you may bullhead test fluids out of the drill-stem test string and tools with an appropriate kill weight fluid;
</P>
<P>(i) When circulating, you must test the drilling fluid at least once each tour, or more frequently if conditions warrant. Your tests must conform to industry-accepted practices and include density, viscosity, and gel strength; hydrogenion concentration; filtration; and any other tests the District Manager requires for monitoring and maintaining drilling fluid quality, prevention of downhole equipment problems and for kick detection. You must record the results of these tests in the drilling fluid report; and
</P>
<P>(j) In areas where permafrost and/or hydrate zones are present or may be present, you must control drilling fluid temperatures to drill safely through those zones.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50894, Aug. 22, 2012; 81 FR 26020, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.457" NODE="30:2.0.1.2.3.4.91.34" TYPE="SECTION">
<HEAD>§ 250.457   What equipment is required to monitor drilling fluids?</HEAD>
<P>Once you establish drilling fluid returns, you must install and maintain the following drilling fluid-system monitoring equipment throughout subsequent drilling operations. This equipment must have the following indicators on the rig floor:
</P>
<P>(a) Pit level indicator to determine drilling fluid-pit volume gains and losses. This indicator must include both a visual and an audible warning device;
</P>
<P>(b) Volume measuring device to accurately determine drilling fluid volumes required to fill the hole on trips;
</P>
<P>(c) Return indicator devices that indicate the relationship between drilling fluid-return flow rate and pump discharge rate. This indicator must include both a visual and an audible warning device; and
</P>
<P>(d) Gas-detecting equipment to monitor the drilling fluid returns. The indicator may be located in the drilling fluid-logging compartment or on the rig floor. If the indicators are only in the logging compartment, you must continually man the equipment and have a means of immediate communication with the rig floor. If the indicators are on the rig floor only, you must install an audible alarm.


</P>
</DIV8>


<DIV8 N="§ 250.458" NODE="30:2.0.1.2.3.4.91.35" TYPE="SECTION">
<HEAD>§ 250.458   What quantities of drilling fluids are required?</HEAD>
<P>(a) You must use, maintain, and replenish quantities of drilling fluid and drilling fluid materials at the drill site as necessary to ensure well control. You must determine those quantities based on known or anticipated drilling conditions, rig storage capacity, weather conditions, and estimated time for delivery.
</P>
<P>(b) You must record the daily inventories of drilling fluid and drilling fluid materials, including weight materials and additives in the drilling fluid report.
</P>
<P>(c) If you do not have sufficient quantities of drilling fluid and drilling fluid material to maintain well control, you must suspend drilling operations.


</P>
</DIV8>


<DIV8 N="§ 250.459" NODE="30:2.0.1.2.3.4.91.36" TYPE="SECTION">
<HEAD>§ 250.459   What are the safety requirements for drilling fluid-handling areas?</HEAD>
<XREF ID="20260610" REFID="15">Link to an amendment published at 91 FR 35351, June 10, 2026.</XREF>
<P>You must classify drilling fluid-handling areas according to API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities, Classified as Class I, Division 1 and Division 2 (as incorporated by reference in § 250.198); or API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities, Classified as Class 1, Zone 0, Zone 1, and Zone 2 (as incorporated by reference in § 250.198). In areas where dangerous concentrations of combustible gas may accumulate, you must install and maintain a ventilation system and gas monitors. Drilling fluid-handling areas must have the following safety equipment:
</P>
<P>(a) A ventilation system capable of replacing the air once every 5 minutes or 1.0 cubic feet of air-volume flow per minute, per square foot of area, whichever is greater. In addition:
</P>
<P>(1) If natural means provide adequate ventilation, then a mechanical ventilation system is not necessary;
</P>
<P>(2) If a mechanical system does not run continuously, then it must activate when gas detectors indicate the presence of 1 percent or more of combustible gas by volume; and
</P>
<P>(3) If discharges from a mechanical ventilation system may be hazardous, then you must maintain the drilling fluid-handling area at a negative pressure. You must protect the negative pressure area by using at least one of the following: a pressure-sensitive alarm, open-door alarms on each access to the area, automatic door-closing devices, air locks, or other devices approved by the District Manager;
</P>
<P>(b) Gas detectors and alarms except in open areas where adequate ventilation is provided by natural means. You must test and recalibrate gas detectors quarterly. No more than 90 days may elapse between tests;
</P>
<P>(c) Explosion-proof or pressurized electrical equipment to prevent the ignition of explosive gases. Where you use air for pressuring equipment, you must locate the air intake outside of and as far as practicable from hazardous areas; and
</P>
<P>(d) Alarms that activate when the mechanical ventilation system fails.


</P>
</DIV8>

</DIV7>


<DIV7 N="92" NODE="30:2.0.1.2.3.4.92" TYPE="SUBJGRP">
<HEAD>Other Drilling Requirements</HEAD>


<DIV8 N="§ 250.460" NODE="30:2.0.1.2.3.4.92.37" TYPE="SECTION">
<HEAD>§ 250.460   What are the requirements for conducting a well test?</HEAD>
<P>(a) If you intend to conduct a well test, you must include your projected plans for the test with your APD (form BSEE-0123) or in an Application for Permit to Modify (APM) (form BSEE-0124). Your plans must include at least the following information:
</P>
<P>(1) Estimated flowing and shut-in tubing pressures;
</P>
<P>(2) Estimated flow rates and cumulative volumes;
</P>
<P>(3) Time duration of flow, buildup, and drawdown periods;
</P>
<P>(4) Description and rating of surface and subsurface test equipment;
</P>
<P>(5) Schematic drawing, showing the layout of test equipment;
</P>
<P>(6) Description of safety equipment, including gas detectors and fire-fighting equipment;
</P>
<P>(7) Proposed methods to handle or transport produced fluids; and
</P>
<P>(8) Description of the test procedures.
</P>
<P>(b) You must give the District Manager at least 24-hours notice before starting a well test.


</P>
</DIV8>


<DIV8 N="§ 250.461" NODE="30:2.0.1.2.3.4.92.38" TYPE="SECTION">
<HEAD>§ 250.461   What are the requirements for directional and inclination surveys?</HEAD>
<P>For this subpart, BSEE classifies a well as vertical if the calculated average of inclination readings does not exceed 3 degrees from the vertical.
</P>
<P>(a) <I>Survey requirements for a vertical well.</I> (1) You must conduct inclination surveys on each vertical well and record the results. Survey intervals may not exceed 1,000 feet during the normal course of drilling;
</P>
<P>(2) You must also conduct a directional survey that provides both inclination and azimuth, and digitally record the results in electronic format:
</P>
<P>(i) Within 500 feet of setting surface or intermediate casing;
</P>
<P>(ii) Within 500 feet of setting any liner; and
</P>
<P>(iii) When you reach total depth.
</P>
<P>(b) <I>Survey requirements for a directional well.</I> You must conduct directional surveys on each directional well and digitally record the results. Surveys must give both inclination and azimuth at intervals not to exceed 500 feet during the normal course of drilling. Intervals during angle-changing portions of the hole may not exceed 180 feet.
</P>
<P>(c) <I>Measurement while drilling.</I> You may use measurement-while-drilling technology if it meets the requirements of this section.
</P>
<P>(d) <I>Composite survey requirements.</I> (1) Your composite directional survey must show the interval from the bottom of the conductor casing to total depth. In the absence of conductor casing, the survey must show the interval from the bottom of the drive or structural casing to total depth; and
</P>
<P>(2) You must correct all surveys to Universal-Transverse-Mercator-Grid-north or Lambert-Grid-north after making the magnetic-to-true-north correction. Surveys must show the magnetic and grid corrections used and include a listing of the directionally computed inclinations and azimuths.
</P>
<P>(e) If you drill within 500 feet of an adjacent lease, the Regional Supervisor may require you to furnish a copy of the well's directional survey to the affected leaseholder. This could occur when the adjoining leaseholder requests a copy of the survey for the protection of correlative rights.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 84 FR 21975, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.462" NODE="30:2.0.1.2.3.4.92.39" TYPE="SECTION">
<HEAD>§ 250.462   What are the source control, containment, and collocated equipment requirements?</HEAD>
<P>For drilling operations using a subsea BOP or surface BOP on a floating facility, you must have the ability to control or contain a blowout event at the sea floor.
</P>
<P>(a) To determine your required source control and containment capabilities you must do the following:
</P>
<P>(1) Consider a scenario of the wellbore fully evacuated to reservoir fluids, with no restrictions in the well.
</P>
<P>(2) Evaluate the performance of the well as designed to determine if a full shut-in can be achieved without having reservoir fluids broach to the sea floor. If your evaluation indicates that the well can only be partially shut-in, then you must determine your ability to flow and capture the residual fluids to a surface production and storage system.
</P>
<P>(b) You must have access to and the ability to deploy Source Control and Containment Equipment (SCCE) and all other necessary supporting and collocated equipment to regain control of the well. SCCE means the capping stack, cap-and-flow system, containment dome, and/or other subsea and surface devices, equipment, and vessels, which have the collective purpose to control a spill source and stop the flow of fluids into the environment or to contain fluids escaping into the environment based on the determinations outlined in paragraph (a) of this section. This SCCE, supporting equipment, and collocated equipment may include, but is not limited to, the following:
</P>
<P>(1) Subsea containment and capture equipment, including containment domes and capping stacks;
</P>
<P>(2) Subsea utility equipment including hydraulic power sources and hydrate control equipment;
</P>
<P>(3) Collocated equipment including dispersant injection equipment;
</P>
<P>(4) Riser systems;
</P>
<P>(5) Remotely operated vehicles (ROVs);
</P>
<P>(6) Capture vessels;
</P>
<P>(7) Support vessels; and
</P>
<P>(8) Storage facilities.
</P>
<P>(c) You must submit a description of your source control and containment capabilities to the Regional Supervisor and receive approval before BSEE will approve your APD, Form BSEE-0123. The description of your containment capabilities must contain the following:
</P>
<P>(1) Your source control and containment capabilities for controlling and containing a blowout event at the seafloor;
</P>
<P>(2) A discussion of the determination required in paragraph (a) of this section; and
</P>
<P>(3) Information showing that you have access to and the ability to deploy all equipment required by paragraph (b) of this section.
</P>
<P>(d) You must contact the District Manager and Regional Supervisor for reevaluation of your source control and containment capabilities if your:
</P>
<P>(1) Well design changes; or
</P>
<P>(2) Approved source control and containment equipment is out of service.
</P>
<P>(e) You must maintain, test, and inspect the source control, containment, and collocated equipment identified in the following table according to these requirements:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Equipment
</TH><TH class="gpotbl_colhed" scope="col">Requirements, you must:
</TH><TH class="gpotbl_colhed" scope="col">Additional information
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Capping stacks,</TD><TD align="left" class="gpotbl_cell">(i) Function test all pressure containing critical components on a quarterly frequency (not to exceed 104 days between tests).</TD><TD align="left" class="gpotbl_cell">Pressure containing critical components are those components that will experience wellbore pressure during a shut-in after being functioned.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Pressure test pressure containing critical components on a bi-annual basis, but not later than 210 days from the last pressure test. All pressure testing must be witnessed by BSEE (if available) and an independent third party.</TD><TD align="left" class="gpotbl_cell">Pressure containing critical components are those components that will experience wellbore pressure during a shut-in. These components include, but are not limited to: All blind rams, wellhead connectors, and outlet valves.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Notify BSEE at least 21 days prior to commencing any pressure testing
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Production safety systems used for flow and capture operations,
</TD><TD align="left" class="gpotbl_cell">(i) Meet or exceed the requirements set forth in Subpart H, excluding required equipment that would be installed below the wellhead or that is not applicable to the cap and flow system.
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Have all equipment unique to containment operations available for inspection at all times
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Subsea utility equipment,</TD><TD align="left" class="gpotbl_cell">Have all equipment utilized solely for containment operations available for inspection at all times</TD><TD align="left" class="gpotbl_cell">Subsea utility equipment includes, but is not limited to: Hydraulic power sources, debris removal, and hydrate control equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Collocated equipment designated by the operator in the Regional Containment Demonstration (RCD) or Well Containment Plan (WCP),</TD><TD align="left" class="gpotbl_cell">Have equipment available for inspection at all times</TD><TD align="left" class="gpotbl_cell">Collocated equipment includes, but is not limited to, dispersant injection equipment and other subsea control equipment.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[81 FR 26020, Apr. 29, 2016, as amended at 84 FR 21975, May 15, 2019]







</CITA>
</DIV8>


<DIV8 N="§ 250.463" NODE="30:2.0.1.2.3.4.92.40" TYPE="SECTION">
<HEAD>§ 250.463   Who establishes field drilling rules?</HEAD>
<P>(a) The District Manager may establish field drilling rules different from the requirements of this subpart when geological and engineering information shows that specific operating requirements are appropriate. You must comply with field drilling rules and nonconflicting requirements of this subpart. The District Manager may amend or cancel field drilling rules at any time.
</P>
<P>(b) You may request the District Manager to establish, amend, or cancel field drilling rules.


</P>
</DIV8>

</DIV7>


<DIV7 N="93" NODE="30:2.0.1.2.3.4.93" TYPE="SUBJGRP">
<HEAD>Applying for a Permit To Modify and Well Records</HEAD>


<DIV8 N="§ 250.465" NODE="30:2.0.1.2.3.4.93.41" TYPE="SECTION">
<HEAD>§ 250.465   When must I submit an Application for Permit to Modify (APM) or an End of Operations Report to BSEE?</HEAD>
<P>(a) You must submit an APM (form BSEE-0124) or an End of Operations Report (form BSEE-0125) and other materials to the Regional Supervisor as shown in the following table. You must also submit a public information copy of each form.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">When you . . .
</TH><TH class="gpotbl_colhed" scope="col">Then you must . . .
</TH><TH class="gpotbl_colhed" scope="col">And . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Intend to revise your drilling plan, change major drilling equipment, or plugback,</TD><TD align="left" class="gpotbl_cell">Submit form BSEE-0124 or request oral approval,</TD><TD align="left" class="gpotbl_cell">Receive written or oral approval from the District Manager before you begin the intended operation. If you get an approval, you must submit form BSEE-0124 no later than the end of the 3rd business day following the oral approval. In all cases, or you must meet the additional requirements in paragraph (b) of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Determine a well's final surface location, water depth, and the rotary kelly bushing elevation,</TD><TD align="left" class="gpotbl_cell">Immediately Submit a form BSEE-0124,</TD><TD align="left" class="gpotbl_cell">Submit a plat certified by a registered land surveyor that meets the requirements of § 250.412.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Move a drilling unit from a wellbore before completing a well,</TD><TD align="left" class="gpotbl_cell">Submit forms BSEE-0124 and BSEE-0125 within 30 days after the suspension of wellbore operations,</TD><TD align="left" class="gpotbl_cell">Submit appropriate copies of the well records.</TD></TR></TABLE></DIV></DIV>
<P>(b) If you intend to perform any of the actions specified in paragraph (a)(1) of this section, you must meet the following additional requirements:
</P>
<P>(1) Your APM (Form BSEE-0124) must contain a detailed statement of the proposed work that would materially change from the approved APD. The submission of your APM must be accompanied by payment of the service fee listed in § 250.125;
</P>
<P>(2) Your form BSEE-0124 must include the present status of the well, depth of all casing strings set to date, well depth, present production zones and productive capability, and all other information specified; and
</P>
<P>(3) Within 30 days after completing this work, you must submit an End of Operations Report (EOR), Form BSEE-0125, as required under § 250.744.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26021, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§§ 250.466-250.469" NODE="30:2.0.1.2.3.4.93.42" TYPE="SECTION">
<HEAD>§§ 250.466-250.469   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="94" NODE="30:2.0.1.2.3.4.94" TYPE="SUBJGRP">
<HEAD>Additional Arctic OCS Requirements</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>81 FR 46561, July 15, 2016, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 250.470" NODE="30:2.0.1.2.3.4.94.43" TYPE="SECTION">
<HEAD>§ 250.470   What additional information must I submit with my APD for Arctic OCS exploratory drilling operations?</HEAD>
<XREF ID="20260610" REFID="16">Link to an amendment published at 91 FR 35351, June 10, 2026.</XREF>
<P>In addition to complying with all other applicable requirements included in this part, you must provide with your APD all of the following information pertaining to your proposed Arctic OCS exploratory drilling:
</P>
<P>(a) A detailed description of:
</P>
<P>(1) The environmental, meteorological, and oceanic conditions you expect to encounter at the well site(s);
</P>
<P>(2) How you will prepare your equipment, materials, and drilling unit for service in the conditions identified in paragraph (a)(1) of this section, and how your drilling unit will be in compliance with the requirements of § 250.713.
</P>
<P>(b) A detailed description of all operations necessary in Arctic OCS conditions to transition the rig from being under way to conducting drilling operations and from ending drilling operations to being under way, as well as any anticipated repair and maintenance plans for the drilling unit and equipment. You should include, among other things, a description of how you plan to:
</P>
<P>(1) Recover the subsea equipment, including the marine riser and the lower marine riser package;
</P>
<P>(2) Recover the BOP;
</P>
<P>(3) Recover the auxiliary sub-sea controls and template;
</P>
<P>(4) Lay down the drill pipe and secure the drill pipe and marine riser;
</P>
<P>(5) Secure the drilling equipment;
</P>
<P>(6) Transfer the fluids for transport or disposal;
</P>
<P>(7) Secure ancillary equipment like the draw works and lines;
</P>
<P>(8) Refuel or transfer fuel;
</P>
<P>(9) Offload waste;
</P>
<P>(10) Recover the Remotely Operated Vehicles;
</P>
<P>(11) Pick up the oil spill prevention booms and equipment; and
</P>
<P>(12) Offload the drilling crew.
</P>
<P>(c) A description of well-specific drilling objectives, timelines, and updated contingency plans for temporary abandonment of the well, including but not limited to the following:
</P>
<P>(1) When you will spud the particular well (<I>i.e.,</I> begin drilling operations at the well site) identified in the APD;
</P>
<P>(2) How long you will take to drill the well;
</P>
<P>(3) Anticipated depths and geologic targets, with timelines;
</P>
<P>(4) When you expect to set and cement each string of casing;
</P>
<P>(5) When and how you would log the well;
</P>
<P>(6) Your plans to test the well;
</P>
<P>(7) When and how you intend to abandon the well, including specifically addressing your plans for how to move the rig off location and how you will meet the requirements of § 250.720(c);
</P>
<P>(8) A description of what equipment and vessels will be involved in the process of temporarily abandoning the well due to ice; and
</P>
<P>(9) An explanation of how you will integrate these elements into your overall program.
</P>
<P>(d) A detailed description of your weather and ice forecasting capability for all phases of the drilling operation, including:
</P>
<P>(1) How you will ensure your continuous awareness of potential weather and ice hazards at, and during transition between, wells;
</P>
<P>(2) Your plans for managing ice hazards and responding to weather events; and
</P>
<P>(3) Verification that you have the capabilities described in your BOEM-approved EP.
</P>
<P>(e) A detailed description of how you will comply with the requirements of § 250.472.
</P>
<P>(f) A statement that you own, or have a contract with a provider for, source control and containment equipment (SCCE), which is capable of controlling and/or containing a worst case discharge, as described in your BOEM-approved EP, when proposing to use a MODU to conduct exploratory drilling operations on the Arctic OCS. The following information must be included in your SCCE submittal:
</P>
<P>(1) A detailed description of your or your contractor's SCCE capability to stop or contain flow from an out-of-control well, including your operating assumptions and limitations; your access to and ability to deploy, in accordance with § 250.471, all necessary SCCE; and your ability to evaluate the performance of the well design to determine how you can achieve a full shut-in without having reservoir fluids discharged into the environment;
</P>
<P>(2) An inventory of the local and regional SCCE, supplies, and services that you own or for which you have a contract with a provider. You must identify each supplier of such equipment and services and provide their locations and telephone numbers;
</P>
<P>(3) Where applicable, proof of contracts or membership agreements with cooperatives, service providers, or other contractors who will provide you with the necessary SCCE or related supplies and services if you do not possess them. The contract or membership agreement must include provisions for ensuring the availability of the personnel and/or equipment on a 24-hour per day basis while you are drilling below or working below the surface casing;
</P>
<P>(4) A detailed description of the procedures you plan to use to inspect, test, and maintain your SCCE; and
</P>
<P>(5) A detailed description of your plan to ensure that all members of your operating team, who are responsible for operating the SCCE, have received the necessary training to deploy and operate such equipment in Arctic OCS conditions and demonstrate ongoing proficiency in source control operations. You must also identify and include the dates of prior and planned training.
</P>
<P>(g) Where it does not conflict with other requirements of this subpart, and except as provided in paragraphs (g)(1) through (11) of this section, you must comply with the requirements of API RP 2N, Third Edition “Planning, Designing, and Constructing Structures and Pipelines for Arctic Conditions” (incorporated by reference as specified in § 250.198), and provide a detailed description of how you will utilize the best practices included in API RP 2N during your exploratory drilling operations. You are not required to incorporate the following sections of API RP 2N into your drilling operations:
</P>
<P>(1) Sections 6.6.3 through 6.6.4;
</P>
<P>(2) The foundation recommendations in Section 8.4;
</P>
<P>(3) Section 9.6;
</P>
<P>(4) The recommendations for permanently moored systems in Section 9.7;
</P>
<P>(5) The recommendations for pile foundations in Section 9.10;
</P>
<P>(6) Section 12;
</P>
<P>(7) Section 13.2.1;
</P>
<P>(8) Sections 13.8.1.1, 13.8.2.1, 13.8.2.2, 13.8.2.4 through 13.8.2.7;
</P>
<P>(9) Sections 13.9.1, 13.9.2, 13.9.4 through 13.9.8;
</P>
<P>(10) Sections 14 through 16; and
</P>
<P>(11) Section 18.


</P>
</DIV8>


<DIV8 N="§ 250.471" NODE="30:2.0.1.2.3.4.94.44" TYPE="SECTION">
<HEAD>§ 250.471   What are the requirements for Arctic OCS source control and containment?</HEAD>
<P>You must meet the following requirements for all exploration wells drilled on the Arctic OCS:
</P>
<P>(a) If you use a MODU when drilling below or working below the surface casing, you must have access to the following SCCE capable of stopping or capturing the flow of an out-of-control well:
</P>
<P>(1) A capping stack, positioned to ensure that it will arrive at the well location within 24 hours after a loss of well control and can be deployed as directed by the Regional Supervisor pursuant to paragraph (h) of this section;
</P>
<P>(2) A cap and flow system, positioned to ensure that it will arrive at the well location within 7 days after a loss of well control and can be deployed as directed by the Regional Supervisor pursuant to paragraph (h) of this section. The cap and flow system must be designed to capture at least the amount of hydrocarbons equivalent to the calculated worst case discharge rate referenced in your BOEM-approved EP; and
</P>
<P>(3) A containment dome, positioned to ensure that it will arrive at the well location within 7 days after a loss of well control and can be deployed as directed by the Regional Supervisor pursuant to paragraph (h) of this section. The containment dome must have the capacity to pump fluids without relying on buoyancy.
</P>
<P>(b) You must conduct a monthly stump test of dry-stored capping stacks. If you use a pre-positioned capping stack, you must conduct a stump test prior to each installation on each well.
</P>
<P>(c) As required by § 250.465(a), if you propose to change your well design, you must submit an APM. For Arctic OCS operations, your APM must include a reevaluation of your SCCE capabilities for any new Worst Case Discharge (WCD) rate, and a demonstration that your SCCE capabilities will meet the criteria in § 250.470(f) under the changed well design.
</P>
<P>(d) You must conduct tests or exercises of your SCCE, including deployment of your SCCE, when directed by the Regional Supervisor.
</P>
<P>(e) You must maintain records pertaining to testing, inspection, and maintenance of your SCCE for at least 10 years and make the records available to any authorized BSEE representative upon request.
</P>
<P>(f) You must maintain records pertaining to the use of your SCCE during testing, training, and deployment activities for at least 3 years and make the records available to any authorized BSEE representative upon request.
</P>
<P>(g) Upon a loss of well control, you must initiate transit of all SCCE identified in paragraph (a) of this section to the well.
</P>
<P>(h) You must deploy and use SCCE when directed by the Regional Supervisor.
</P>
<P>(i) Operators may request approval of alternate procedures or equipment to the SCCE requirements of subparagraph (a) of this section in accordance with § 250.141. The operator must show and document that the alternate procedures or equipment will provide a level of safety and environmental protection that will meet or exceed the level of safety and environmental protection required by BSEE regulations, including demonstrating that the alternate procedures or equipment will be capable of stopping or capturing the flow of an out-of-control well.


</P>
</DIV8>


<DIV8 N="§ 250.472" NODE="30:2.0.1.2.3.4.94.45" TYPE="SECTION">
<HEAD>§ 250.472   What are the relief rig requirements for the Arctic OCS?</HEAD>
<P>(a) In the event of a loss of well control, the Regional Supervisor may direct you to drill a relief well using the relief rig able to kill and permanently plug an out-of-control well as described in your APD. Your relief rig must comply with all other requirements of this part pertaining to drill rig characteristics and capabilities, and it must be able to drill a relief well under anticipated Arctic OCS conditions.
</P>
<P>(b) When you are drilling below or working below the surface casing during Arctic OCS exploratory drilling operations, you must have access to a relief rig, different from your primary drilling rig, staged in a location such that it can arrive on site, drill a relief well, kill and abandon the original well, and abandon the relief well prior to expected seasonal ice encroachment at the drill site, but no later than 45 days after the loss of well control.
</P>
<P>(c) Operators may request approval of alternative compliance measures to the relief rig requirement in accordance with § 250.141. The operator must show and document that the alternate compliance measure will meet or exceed the level of safety and environmental protection required by BSEE regulations, including demonstrating that the alternate compliance measure will be able to kill and permanently plug an out-of-control well.


</P>
</DIV8>


<DIV8 N="§ 250.473" NODE="30:2.0.1.2.3.4.94.46" TYPE="SECTION">
<HEAD>§ 250.473   What must I do to protect health, safety, property, and the
environment while operating on the Arctic OCS?</HEAD>
<P>In addition to the requirements set forth in § 250.107, when conducting exploratory drilling operations on the Arctic OCS, you must protect health, safety, property, and the environment by using the following:
</P>
<P>(a) Equipment and materials that are rated or de-rated for service under conditions that can be reasonably expected during your operations; and
</P>
<P>(b) Measures to address human factors associated with weather conditions that can be reasonably expected during your operations including, but not limited to, provision of proper attire and equipment, construction of protected work spaces, and management of shifts.


</P>
</DIV8>

</DIV7>


<DIV7 N="95" NODE="30:2.0.1.2.3.4.95" TYPE="SUBJGRP">
<HEAD>Hydrogen Sulfide</HEAD>


<DIV8 N="§ 250.490" NODE="30:2.0.1.2.3.4.95.47" TYPE="SECTION">
<HEAD>§ 250.490   Hydrogen sulfide.</HEAD>
<P>(a) <I>What precautions must I take when operating in an H</I><E T="54">2</E><I>S area?</I> You must:
</P>
<P>(1) Take all necessary and feasible precautions and measures to protect personnel from the toxic effects of H<E T="52">2</E>S and to mitigate damage to property and the environment caused by H<E T="52">2</E>S. You must follow the requirements of this section when conducting drilling, well-completion/well-workover, and production operations in zones with H<E T="52">2</E>S present and when conducting operations in zones where the presence of H<E T="52">2</E>S is unknown. You do not need to follow these requirements when operating in zones where the absence of H<E T="52">2</E>S has been confirmed; and
</P>
<P>(2) Follow your approved contingency plan.
</P>
<P>(b) <I>Definitions.</I> Terms used in this section have the following meanings:
</P>
<P><I>Facility</I> means a vessel, a structure, or an artificial island used for drilling, well-completion, well-workover, and/or production operations.
</P>
<P><I>H</I><E T="54">2</E><I>S absent</I> means:
</P>
<P>(1) Drilling, logging, coring, testing, or producing operations have confirmed the absence of H<E T="52">2</E>S in concentrations that could potentially result in atmospheric concentrations of 20 ppm or more of H<E T="52">2</E>S; or
</P>
<P>(2) Drilling in the surrounding areas and correlation of geological and seismic data with equivalent stratigraphic units have confirmed an absence of H<E T="52">2</E>S throughout the area to be drilled.
</P>
<P><I>H</I><E T="54">2</E><I>S present</I> means that drilling, logging, coring, testing, or producing operations have confirmed the presence of H<E T="52">2</E>S in concentrations and volumes that could potentially result in atmospheric concentrations of 20 ppm or more of H<E T="52">2</E>S.
</P>
<P><I>H</I><E T="54">2</E><I>S unknown</I> means the designation of a zone or geologic formation where neither the presence nor absence of H<E T="52">2</E>S has been confirmed.
</P>
<P><I>Well-control fluid</I> means drilling mud and completion or workover fluid as appropriate to the particular operation being conducted.
</P>
<P>(c) <I>Classifying an area for the presence of H</I><E T="54">2</E><I>S.</I> You must:
</P>
<P>(1) Request and obtain an approved classification for the area from the Regional Supervisor before you begin operations. Classifications are “H<E T="52">2</E>S absent,” H<E T="52">2</E>S present,” or “H<E T="52">2</E>S unknown”;
</P>
<P>(2) Submit your request with your application for permit to drill;
</P>
<P>(3) Support your request with available information such as geologic and geophysical data and correlations, well logs, formation tests, cores and analysis of formation fluids; and
</P>
<P>(4) Submit a request for reclassification of a zone when additional data indicate a different classification is needed.
</P>
<P>(d) <I>What do I do if conditions change?</I> If you encounter H<E T="52">2</E>S that could potentially result in atmospheric concentrations of 20 ppm or more in areas not previously classified as having H<E T="52">2</E>S present, you must immediately notify BSEE and begin to follow requirements for areas with H<E T="52">2</E>S present.
</P>
<P>(e) <I>What are the requirements for conducting simultaneous operations?</I> When conducting any combination of drilling, well-completion, well-workover, and production operations simultaneously, you must follow the requirements in the section applicable to each individual operation.
</P>
<P>(f) <I>Requirements for submitting an H</I><E T="54">2</E><I>S Contingency Plan.</I> Before you begin operations, you must submit an H<E T="52">2</E>S Contingency Plan to the District Manager for approval. Do not begin operations before the District Manager approves your plan. You must keep a copy of the approved plan in the field, and you must follow the plan at all times. Your plan must include:
</P>
<P>(1) Safety procedures and rules that you will follow concerning equipment, drills, and smoking;
</P>
<P>(2) Training you provide for employees, contractors, and visitors;
</P>
<P>(3) Job position and title of the person responsible for the overall safety of personnel;
</P>
<P>(4) Other key positions, how these positions fit into your organization, and what the functions, duties, and responsibilities of those job positions are;
</P>
<P>(5) Actions that you will take when the concentration of H<E T="52">2</E>S in the atmosphere reaches 20 ppm, who will be responsible for those actions, and a description of the audible and visual alarms to be activated;
</P>
<P>(6) Briefing areas where personnel will assemble during an H<E T="54">2</E>S alert. You must have at least two briefing areas on each facility and use the briefing area that is upwind of the H<E T="52">2</E>S source at any given time;
</P>
<P>(7) Criteria you will use to decide when to evacuate the facility and procedures you will use to safely evacuate all personnel from the facility by vessel, capsule, or lifeboat. If you use helicopters during H<E T="52">2</E>S alerts, describe the types of H<E T="52">2</E>S emergencies during which you consider the risk of helicopter activity to be acceptable and the precautions you will take during the flights;
</P>
<P>(8) Procedures you will use to safely position all vessels attendant to the facility. Indicate where you will locate the vessels with respect to wind direction. Include the distance from the facility and what procedures you will use to safely relocate the vessels in an emergency;
</P>
<P>(9) How you will provide protective-breathing equipment for all personnel, including contractors and visitors;
</P>
<P>(10) The agencies and facilities you will notify in case of a release of H<E T="52">2</E>S (that constitutes an emergency), how you will notify them, and their telephone numbers. Include all facilities that might be exposed to atmospheric concentrations of 20 ppm or more of H<E T="52">2</E>S;
</P>
<P>(11) The medical personnel and facilities you will use if needed, their addresses, and telephone numbers;
</P>
<P>(12) H<E T="52">2</E>S detector locations in production facilities producing gas containing 20 ppm or more of H<E T="52">2</E>S. Include an “H<E T="52">2</E>S Detector Location Drawing” showing:
</P>
<P>(i) All vessels, flare outlets, wellheads, and other equipment handling production containing H<E T="52">2</E>S;
</P>
<P>(ii) Approximate maximum concentration of H<E T="52">2</E>S in the gas stream; and
</P>
<P>(iii) Location of all H<E T="52">2</E>S sensors included in your contingency plan;
</P>
<P>(13) Operational conditions when you expect to flare gas containing H<E T="52">2</E>S including the estimated maximum gas flow rate, H<E T="52">2</E>S concentration, and duration of flaring;
</P>
<P>(14) Your assessment of the risks to personnel during flaring and what precautionary measures you will take;
</P>
<P>(15) Primary and alternate methods to ignite the flare and procedures for sustaining ignition and monitoring the status of the flare (<I>i.e.,</I> ignited or extinguished);
</P>
<P>(16) Procedures to shut off the gas to the flare in the event the flare is extinguished;
</P>
<P>(17) Portable or fixed sulphur dioxide (SO<E T="52">2</E>)-detection system(s) you will use to determine SO<E T="52">2</E> concentration and exposure hazard when H<E T="52">2</E>S is burned;
</P>
<P>(18) Increased monitoring and warning procedures you will take when the SO<E T="52">2</E> concentration in the atmosphere reaches 2 ppm;
</P>
<P>(19) Personnel protection measures or evacuation procedures you will initiate when the SO<E T="52">2</E> concentration in the atmosphere reaches 5 ppm;
</P>
<P>(20) Engineering controls to protect personnel from SO<E T="52">2</E>; and
</P>
<P>(21) Any special equipment, procedures, or precautions you will use if you conduct any combination of drilling, well-completion, well-workover, and production operations simultaneously.
</P>
<P>(g) <I>Training program:</I> 
</P>
<P>(1) <I>When and how often do employees need to be trained?</I> All operators and contract personnel must complete an H<E T="52">2</E>S training program to meet the requirements of this section:
</P>
<P>(i) Before beginning work at the facility; and
</P>
<P>(ii) Each year, within 1 year after completion of the previous class.
</P>
<P>(2) <I>What training documentation do I need?</I> For each individual working on the platform, either:
</P>
<P>(i) You must have documentation of this training at the facility where the individual is employed; or
</P>
<P>(ii) The employee must carry a training completion card.
</P>
<P>(3) <I>What training do I need to give to visitors and employees previously trained on another facility?</I> (i) Trained employees or contractors transferred from another facility must attend a supplemental briefing on your H<E T="52">2</E>S equipment and procedures before beginning duty at your facility;
</P>
<P>(ii) Visitors who will remain on your facility more than 24 hours must receive the training required for employees by paragraph (g)(4) of this section; and
</P>
<P>(iii) Visitors who will depart before spending 24 hours on the facility are exempt from the training required for employees, but they must, upon arrival, complete a briefing that includes:
</P>
<P>(A) Information on the location and use of an assigned respirator; practice in donning and adjusting the assigned respirator; information on the safe briefing areas, alarm system, and hazards of H<E T="52">2</E>S and SO<E T="52">2</E>; and
</P>
<P>(B) Instructions on their responsibilities in the event of an H<E T="52">2</E>S release.
</P>
<P>(4) <I>What training must I provide to all other employees?</I> You must train all individuals on your facility on the:
</P>
<P>(i) Hazards of H<E T="52">2</E>S and of SO<E T="52">2</E> and the provisions for personnel safety contained in the H<E T="52">2</E>S Contingency Plan;
</P>
<P>(ii) Proper use of safety equipment which the employee may be required to use;
</P>
<P>(iii) Location of protective breathing equipment, H<E T="52">2</E>S detectors and alarms, ventilation equipment, briefing areas, warning systems, evacuation procedures, and the direction of prevailing winds;
</P>
<P>(iv) Restrictions and corrective measures concerning beards, spectacles, and contact lenses in conformance with ANSI Z88.2, American National Standard for Respiratory Protection (as specified in § 250.198);
</P>
<P>(v) Basic first-aid procedures applicable to victims of H<E T="52">2</E>S exposure. During all drills and training sessions, you must address procedures for rescue and first aid for H<E T="52">2</E>S victims;
</P>
<P>(vi) Location of:
</P>
<P>(A) The first-aid kit on the facility;
</P>
<P>(B) Resuscitators; and
</P>
<P>(C) Litter or other device on the facility.
</P>
<P>(vii) Meaning of all warning signals.
</P>
<P>(5) <I>Do I need to post safety information?</I> You must prominently post safety information on the facility and on vessels serving the facility (<I>i.e.,</I> basic first-aid, escape routes, instructions for use of life boats, <I>etc.</I>).
</P>
<P>(h) <I>Drills</I>—(1) <I>When and how often do I need to conduct drills on H</I><E T="52">2</E><I>S safety discussions on the facility?</I> You must:
</P>
<P>(i) Conduct a drill for each person at the facility during normal duty hours at least once every 7-day period. The drills must consist of a dry-run performance of personnel activities related to assigned jobs.
</P>
<P>(ii) At a safety meeting or other meetings of all personnel, discuss drill performance, new H<E T="52">2</E>S considerations at the facility, and other updated H<E T="52">2</E>S information at least monthly.
</P>
<P>(2) <I>What documentation do I need?</I> You must keep records of attendance for:
</P>
<P>(i) Drilling, well-completion, and well-workover operations at the facility until operations are completed; and
</P>
<P>(ii) Production operations at the facility or at the nearest field office for 1 year.
</P>
<P>(i) <I>Visual and audible warning systems:</I> 
</P>
<P>(1) <I>How must I install wind direction equipment?</I> You must install wind-direction equipment in a location visible at all times to individuals on or in the immediate vicinity of the facility.
</P>
<P>(2) <I>When do I need to display operational danger signs, display flags, or activate visual or audible alarms?</I>
</P>
<P>(i) You must display warning signs at all times on facilities with wells capable of producing H<E T="52">2</E>S and on facilities that process gas containing H<E T="52">2</E>S in concentrations of 20 ppm or more.
</P>
<P>(ii) In addition to the signs, you must activate audible alarms and display flags or activate flashing red lights when atmospheric concentration of H<E T="52">2</E>S reaches 20 ppm.
</P>
<P>(3) <I>What are the requirements for signs?</I> Each sign must be a high-visibility yellow color with black lettering as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Letter height
</TH><TH class="gpotbl_colhed" scope="col">Wording
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12 inches</TD><TD align="left" class="gpotbl_cell">Danger.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">Poisonous Gas.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">Hydrogen Sulfide.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7 inches</TD><TD align="left" class="gpotbl_cell">Do not approach if red flag is flying.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(Use appropriate wording at right)</TD><TD align="left" class="gpotbl_cell">Do not approach if red lights are flashing.</TD></TR></TABLE></DIV></DIV>
<P>(4) <I>May I use existing signs?</I> You may use existing signs containing the words “Danger-Hydrogen Sulfide-H<E T="52">2</E>S,” provided the words “Poisonous Gas. Do Not Approach if Red Flag is Flying” or “Red Lights are Flashing” in lettering of a minimum of 7 inches in height are displayed on a sign immediately adjacent to the existing sign.
</P>
<P>(5) <I>What are the requirements for flashing lights or flags?</I> You must activate a sufficient number of lights or hoist a sufficient number of flags to be visible to vessels and aircraft. Each light must be of sufficient intensity to be seen by approaching vessels or aircraft any time it is activated (day or night). Each flag must be red, rectangular, a minimum width of 3 feet, and a minimum height of 2 feet.
</P>
<P>(6) <I>What is an audible warning system?</I> An audible warning system is a public address system or siren, horn, or other similar warning device with a unique sound used only for H<E T="52">2</E>S.
</P>
<P>(7) <I>Are there any other requirements for visual or audible warning devices?</I> Yes, you must:
</P>
<P>(i) Illuminate all signs and flags at night and under conditions of poor visibility; and
</P>
<P>(ii) Use warning devices that are suitable for the electrical classification of the area.
</P>
<P>(8) <I>What actions must I take when the alarms are activated?</I> When the warning devices are activated, the designated responsible persons must inform personnel of the level of danger and issue instructions on the initiation of appropriate protective measures.
</P>
<P>(j) <I>H</I><E T="52">2</E><I>S-detection and H</I><E T="52">2</E><I>S monitoring equipment:</I> 
</P>
<P>(1) <I>What are the requirements for an H</I><E T="52">2</E><I>S detection system?</I> An H<E T="52">2</E>S detection system must:
</P>
<P>(i) Be capable of sensing a minimum of 10 ppm of H<E T="52">2</E>S in the atmosphere; and
</P>
<P>(ii) Activate audible and visual alarms when the concentration of H<E T="52">2</E>S in the atmosphere reaches 20 ppm.
</P>
<P>(2) <I>Where must I have sensors for drilling, well-completion, and well-workover operations?</I> You must locate sensors at the:
</P>
<P>(i) Bell nipple;
</P>
<P>(ii) Mud-return line receiver tank (possum belly);
</P>
<P>(iii) Pipe-trip tank;
</P>
<P>(iv) Shale shaker;
</P>
<P>(v) Well-control fluid pit area;
</P>
<P>(vi) Driller's station;
</P>
<P>(vii) Living quarters; and
</P>
<P>(viii) All other areas where H<E T="52">2</E>S may accumulate.
</P>
<P>(3) <I>Do I need mud sensors?</I> The District Manager may require mud sensors in the possum belly in cases where the ambient air sensors in the mud-return system do not consistently detect the presence of H<E T="52">2</E>S.
</P>
<P>(4) <I>How often must I observe the sensors?</I> During drilling, well-completion and well-workover operations, you must continuously observe the H<E T="52">2</E>S levels indicated by the monitors in the work areas during the following operations:
</P>
<P>(i) When you pull a wet string of drill pipe or workover string;
</P>
<P>(ii) When circulating bottoms-up after a drilling break;
</P>
<P>(iii) During cementing operations;
</P>
<P>(iv) During logging operations; and
</P>
<P>(v) When circulating to condition mud or other well-control fluid.
</P>
<P>(5) <I>Where must I have sensors for production operations?</I> On a platform where gas containing H<E T="52">2</E>S of 20 ppm or greater is produced, processed, or otherwise handled:
</P>
<P>(i) You must have a sensor in rooms, buildings, deck areas, or low-laying deck areas not otherwise covered by paragraph (j)(2) of this section, where atmospheric concentrations of H<E T="52">2</E>S could reach 20 ppm or more. You must have at least one sensor per 400 square feet of deck area or fractional part of 400 square feet;
</P>
<P>(ii) You must have a sensor in buildings where personnel have their living quarters;
</P>
<P>(iii) You must have a sensor within 10 feet of each vessel, compressor, wellhead, manifold, or pump, which could release enough H<E T="52">2</E>S to result in atmospheric concentrations of 20 ppm at a distance of 10 feet from the component;
</P>
<P>(iv) You may use one sensor to detect H<E T="52">2</E>S around multiple pieces of equipment, provided the sensor is located no more than 10 feet from each piece, except that you need to use at least two sensors to monitor compressors exceeding 50 horsepower;
</P>
<P>(v) You do not need to have sensors near wells that are shut in at the master valve and sealed closed;
</P>
<P>(vi) When you determine where to place sensors, you must consider:
</P>
<P>(A) The location of system fittings, flanges, valves, and other devices subject to leaks to the atmosphere; and
</P>
<P>(B) Design factors, such as the type of decking and the location of fire walls; and
</P>
<P>(vii) The District Manager may require additional sensors or other monitoring capabilities, if warranted by site specific conditions.
</P>
<P>(6) <I>How must I functionally test the H</I><E T="54">2</E><I>S Detectors?</I> (i) Personnel trained to calibrate the particular H<E T="52">2</E>S detector equipment being used must test detectors by exposing them to a known concentration in the range of 10 to 30 ppm of H<E T="52">2</E>S.
</P>
<P>(ii) If the results of any functional test are not within 2 ppm or 10 percent, whichever is greater, of the applied concentration, recalibrate the instrument.
</P>
<P>(7) <I>How often must I test my detectors?</I> (i) When conducting drilling, drill stem testing, well-completion, or well-workover operations in areas classified as H<E T="52">2</E>S present or H<E T="52">2</E>S unknown, test all detectors at least once every 24 hours. When drilling, begin functional testing before the bit is 1,500 feet (vertically) above the potential H<E T="52">2</E>S zone.
</P>
<P>(ii) When conducting production operations, test all detectors at least every 14 days between tests.
</P>
<P>(iii) If equipment requires calibration as a result of two consecutive functional tests, the District Manager may require that H<E T="52">2</E>S-detection and H<E T="52">2</E>S-monitoring equipment be functionally tested and calibrated more frequently.
</P>
<P>(8) <I>What documentation must I keep?</I> (i) You must maintain records of testing and calibrations (in the drilling or production operations report, as applicable) at the facility to show the present status and history of each device, including dates and details concerning:
</P>
<P>(A) Installation;
</P>
<P>(B) Removal;
</P>
<P>(C) Inspection;
</P>
<P>(D) Repairs;
</P>
<P>(E) Adjustments; and
</P>
<P>(F) Reinstallation.
</P>
<P>(ii) Records must be available for inspection by BSEE personnel.
</P>
<P>(9) <I>What are the requirements for nearby vessels?</I> If vessels are stationed overnight alongside facilities in areas of H<E T="52">2</E>S present or H<E T="52">2</E>S unknown, you must equip vessels with an H<E T="52">2</E>S-detection system that activates audible and visual alarms when the concentration of H<E T="52">2</E>S in the atmosphere reaches 20 ppm. This requirement does not apply to vessels positioned upwind and at a safe distance from the facility in accordance with the positioning procedure described in the approved H<E T="52">2</E>S Contingency Plan.
</P>
<P>(10) <I>What are the requirements for nearby facilities?</I> The District Manager may require you to equip nearby facilities with portable or fixed H<E T="52">2</E>S detector(s) and to test and calibrate those detectors. To invoke this requirement, the District Manager will consider dispersion modeling results from a possible release to determine if 20 ppm H<E T="52">2</E>S concentration levels could be exceeded at nearby facilities.
</P>
<P>(11) <I>What must I do to protect against SO</I><E T="54">2</E> <I>if I burn gas containing H</I><E T="54">2</E><I>S?</I> You must:
</P>
<P>(i) Monitor the SO<E T="52">2</E>concentration in the air with portable or strategically placed fixed devices capable of detecting a minimum of 2 ppm of SO<E T="52">2</E>;
</P>
<P>(ii) Take readings at least hourly and at any time personnel detect SO<E T="52">2</E> odor or nasal irritation;
</P>
<P>(iii) Implement the personnel protective measures specified in the H<E T="52">2</E>S Contingency Plan if the SO<E T="52">2</E> concentration in the work area reaches 2 ppm; and
</P>
<P>(iv) Calibrate devices every 3 months if you use fixed or portable electronic sensing devices to detect SO<E T="52">2</E>.
</P>
<P>(12) <I>May I use alternative measures?</I> You may follow alternative measures instead of those in paragraph (j)(11) of this section if you propose and the Regional Supervisor approves the alternative measures.
</P>
<P>(13) <I>What are the requirements for protective-breathing equipment?</I> In an area classified as H<E T="52">2</E>S present or H<E T="52">2</E>S unknown, you must:
</P>
<P>(i) Provide all personnel, including contractors and visitors on a facility, with immediate access to self-contained pressure-demand-type respirators with hoseline capability and breathing time of at least 15 minutes.
</P>
<P>(ii) Design, select, use, and maintain respirators in conformance with ANSI Z88.2 (as specified in § 250.198).
</P>
<P>(iii) Make available at least two voice-transmission devices, which can be used while wearing a respirator, for use by designated personnel.
</P>
<P>(iv) Make spectacle kits available as needed.
</P>
<P>(v) Store protective-breathing equipment in a location that is quickly and easily accessible to all personnel.
</P>
<P>(vi) Label all breathing-air bottles as containing breathing-quality air for human use.
</P>
<P>(vii) Ensure that vessels attendant to facilities carry appropriate protective-breathing equipment for each crew member. The District Manager may require additional protective-breathing equipment on certain vessels attendant to the facility.
</P>
<P>(viii) During H<E T="52">2</E>S alerts, limit helicopter flights to and from facilities to the conditions specified in the H<E T="52">2</E>S Contingency Plan. During authorized flights, the flight crew and passengers must use pressure-demand-type respirators. You must train all members of flight crews in the use of the particular type(s) of respirator equipment made available.
</P>
<P>(ix) As appropriate to the particular operation(s), (production, drilling, well-completion or well-workover operations, or any combination of them), provide a system of breathing-air manifolds, hoses, and masks at the facility and the briefing areas. You must provide a cascade air-bottle system for the breathing-air manifolds to refill individual protective-breathing apparatus bottles. The cascade air-bottle system may be recharged by a high-pressure compressor suitable for providing breathing-quality air, provided the compressor suction is located in an uncontaminated atmosphere.
</P>
<P>(k) <I>Personnel safety equipment:</I> 
</P>
<P>(1) <I>What additional personnel-safety equipment do I need?</I> You must ensure that your facility has:
</P>
<P>(i) Portable H<E T="52">2</E>S detectors capable of detecting a 10 ppm concentration of H<E T="52">2</E>S in the air available for use by all personnel;
</P>
<P>(ii) Retrieval ropes with safety harnesses to retrieve incapacitated personnel from contaminated areas;
</P>
<P>(iii) Chalkboards and/or note pads for communication purposes located on the rig floor, shale-shaker area, the cement-pump rooms, well-bay areas, production processing equipment area, gas compressor area, and pipeline-pump area;
</P>
<P>(iv) Bull horns and flashing lights; and
</P>
<P>(v) At least three resuscitators on manned facilities, and a number equal to the personnel on board, not to exceed three, on normally unmanned facilities, complete with face masks, oxygen bottles, and spare oxygen bottles.
</P>
<P>(2) <I>What are the requirements for ventilation equipment?</I> You must:
</P>
<P>(i) Use only explosion-proof ventilation devices;
</P>
<P>(ii) Install ventilation devices in areas where H<E T="52">2</E>S or SO<E T="52">2</E> may accumulate; and
</P>
<P>(iii) Provide movable ventilation devices in work areas. The movable ventilation devices must be multidirectional and capable of dispersing H<E T="52">2</E>S or SO<E T="52">2</E> vapors away from working personnel.
</P>
<P>(3) <I>What other personnel safety equipment do I need?</I> You must have the following equipment readily available on each facility:
</P>
<P>(i) A first-aid kit of appropriate size and content for the number of personnel on the facility; and
</P>
<P>(ii) At least one litter or an equivalent device.
</P>
<P>(l) <I>Do I need to notify BSEE in the event of an H</I><E T="54">2</E><I>S release?</I> You must notify BSEE without delay in the event of a gas release which results in a 15-minute time-weighted average atmospheric concentration of H<E T="52">2</E>S of 20 ppm or more anywhere on the OCS facility. You must report these gas releases to the District Manager immediately by oral communication, with a written follow-up report within 15 days, pursuant to §§ 250.188 through 250.190.
</P>
<P>(m) <I>Do I need to use special drilling, completion and workover fluids or procedures?</I> When working in an area classified as H<E T="52">2</E>S present or H<E T="52">2</E>S unknown:
</P>
<P>(1) You may use either water- or oil-base muds in accordance with § 250.300(b)(1).
</P>
<P>(2) If you use water-base well-control fluids, and if ambient air sensors detect H<E T="52">2</E>S, you must immediately conduct either the Garrett-Gas-Train test or a comparable test for soluble sulfides to confirm the presence of H<E T="52">2</E>S.
</P>
<P>(3) If the concentration detected by air sensors in over 20 ppm, personnel conducting the tests must don protective-breathing equipment conforming to paragraph (j)(13) of this section.
</P>
<P>(4) You must maintain on the facility sufficient quantities of additives for the control of H<E T="52">2</E>S, well-control fluid pH, and corrosion equipment.
</P>
<P>(i) <I>Scavengers.</I> You must have scavengers for control of H<E T="52">2</E>S available on the facility. When H<E T="52">2</E>S is detected, you must add scavengers as needed. You must suspend drilling until the scavenger is circulated throughout the system.
</P>
<P>(ii) <I>Control pH.</I> You must add additives for the control of pH to water-base well-control fluids in sufficient quantities to maintain pH of at least 10.0.
</P>
<P>(iii) <I>Corrosion inhibitors.</I> You must add additives to the well-control fluid system as needed for the control of corrosion.
</P>
<P>(5) You must degas well-control fluids containing H<E T="52">2</E>S at the optimum location for the particular facility. You must collect the gases removed and burn them in a closed flare system conforming to paragraph (q)(6) of this section.
</P>
<P>(n) <I>What must I do in the event of a kick?</I> In the event of a kick, you must use one of the following alternatives to dispose of the well-influx fluids giving consideration to personnel safety, possible environmental damage, and possible facility well-equipment damage:
</P>
<P>(1) Contain the well-fluid influx by shutting in the well and pumping the fluids back into the formation.
</P>
<P>(2) Control the kick by using appropriate well-control techniques to prevent formation fracturing in an open hole within the pressure limits of the well equipment (drill pipe, work string, casing, wellhead, BOP system, and related equipment). The disposal of H<E T="52">2</E>S and other gases must be through pressurized or atmospheric mud-separator equipment depending on volume, pressure and concentration of H<E T="52">2</E>S. The equipment must be designed to recover well-control fluids and burn the gases separated from the well-control fluid. The well-control fluid must be treated to neutralize H<E T="52">2</E>S and restore and maintain the proper quality.
</P>
<P>(o) <I>Well testing in a zone known to contain H</I><E T="54">2</E><I>S.</I> When testing a well in a zone with H<E T="52">2</E>S present, you must do all of the following:
</P>
<P>(1) Before starting a well test, conduct safety meetings for all personnel who will be on the facility during the test. At the meetings, emphasize the use of protective-breathing equipment, first-aid procedures, and the Contingency Plan. Only competent personnel who are trained and are knowledgeable of the hazardous effects of H<E T="52">2</E>S must be engaged in these tests.
</P>
<P>(2) Perform well testing with the minimum number of personnel in the immediate vicinity of the rig floor and with the appropriate test equipment to safely and adequately perform the test. During the test, you must continuously monitor H<E T="52">2</E>S levels.
</P>
<P>(3) Not burn produced gases except through a flare which meets the requirements of paragraph (q)(6) of this section. Before flaring gas containing H<E T="52">2</E>S, you must activate SO<E T="52">2</E> monitoring equipment in accordance with paragraph (j)(11) of this section. If you detect SO<E T="52">2</E> in excess of 2 ppm, you must implement the personnel protective measures in your H<E T="52">2</E>S Contingency Plan, required by paragraph (f) of this section. You must also follow the requirements of § 250.1164. You must pipe gases from stored test fluids into the flare outlet and burn them.
</P>
<P>(4) Use downhole test tools and wellhead equipment suitable for H<E T="52">2</E>S service.
</P>
<P>(5) Use tubulars suitable for H<E T="52">2</E>S service. You must not use drill pipe for well testing without the prior approval of the District Manager. Water cushions must be thoroughly inhibited in order to prevent H<E T="52">2</E>S attack on metals. You must flush the test string fluid treated for this purpose after completion of the test.
</P>
<P>(6) Use surface test units and related equipment that is designed for H<E T="52">2</E>S service.
</P>
<P>(p) <I>Metallurgical properties of equipment.</I> When operating in a zone with H<E T="52">2</E>S present or when the concentration of H<E T="52">2</E>S in the produced fluid may exceed 0.05 psi partial pressure of H<E T="52">2</E>S, you must use equipment that is constructed of materials with metallurgical properties that resist or prevent sulfide stress cracking (also known as hydrogen embrittlement, stress corrosion cracking, or H<E T="52">2</E>S embrittlement), chloride-stress cracking, hydrogen-induced cracking, and other failure modes. You must do all of the following:


</P>
<P>(1) Use tubulars and other equipment, casing, tubing, drill pipe, couplings, flanges, and related equipment that is designed for H<E T="52">2</E>S service.
</P>
<P>(2) Use BOP system components, wellhead, pressure-control equipment, and related equipment exposed to H<E T="52">2</E>S-bearing fluids in conformance with NACE Standard MR0175-03 (as specified in § 250.198).
</P>
<P>(3) Use temporary downhole well-security devices such as retrievable packers and bridge plugs that are designed for H<E T="52">2</E>S service.
</P>
<P>(4) When producing in zones bearing H<E T="52">2</E>S, use equipment constructed of materials capable of resisting or preventing sulfide stress cracking.
</P>
<P>(5) Keep the use of welding to a minimum during the installation or modification of a production facility. Welding must be done in a manner that ensures resistance to sulfide stress cracking.
</P>
<P>(q) <I>General requirements when operating in an H</I><E T="54">2</E><I>S zone:</I> 
</P>
<P>(1) <I>Coring operations.</I> When you conduct coring operations in H<E T="52">2</E>S-bearing zones, all personnel in the working area must wear protective-breathing equipment at least 10 stands in advance of retrieving the core barrel. Cores to be transported must be sealed and marked for the presence of H<E T="52">2</E>S.
</P>
<P>(2) <I>Logging operations.</I> You must treat and condition well-control fluid in use for logging operations to minimize the effects of H<E T="52">2</E>S on the logging equipment.
</P>
<P>(3) <I>Stripping operations.</I> Personnel must monitor displaced well-control fluid returns and wear protective-breathing equipment in the working area when the atmospheric concentration of H<E T="52">2</E>S reaches 20 ppm or if the well is under pressure.
</P>
<P>(4) <I>Gas-cut well-control fluid or well kick from H</I><E T="54">2</E><I>S-bearing zone.</I> If you decide to circulate out a kick, personnel in the working area during bottoms-up and extended-kill operations must wear protective-breathing equipment.
</P>
<P>(5) <I>Drill- and workover-string design and precautions.</I> Drill- and workover-strings must be designed consistent with the anticipated depth, conditions of the hole, and reservoir environment to be encountered. You must minimize exposure of the drill- or workover-string to high stresses as much as practical and consistent with well conditions. Proper handling techniques must be taken to minimize notching and stress concentrations. Precautions must be taken to minimize stresses caused by doglegs, improper stiffness ratios, improper torque, whip, abrasive wear on tool joints, and joint imbalance.
</P>
<P>(6) <I>Flare system.</I> The flare outlet must be of a diameter that allows easy nonrestricted flow of gas. You must locate flare line outlets on the downside of the facility and as far from the facility as is feasible, taking into account the prevailing wind directions, the wake effects caused by the facility and adjacent structure(s), and the height of all such facilities and structures. You must equip the flare outlet with an automatic ignition system including a pilot-light gas source or an equivalent system. You must have alternate methods for igniting the flare. You must pipe to the flare system used for H<E T="52">2</E>S all vents from production process equipment, tanks, relief valves, burst plates, and similar devices.
</P>
<P>(7) <I>Corrosion mitigation.</I> You must use effective means of monitoring and controlling corrosion caused by acid gases (H<E T="52">2</E>S and CO<E T="52">2</E>) in both the downhole and surface portions of a production system. You must take specific corrosion monitoring and mitigating measures in areas of unusually severe corrosion where accumulation of water and/or higher concentration of H<E T="52">2</E>S exists.
</P>
<P>(8) <I>Wireline lubricators.</I> Lubricators which may be exposed to fluids containing H<E T="52">2</E>S must be of H<E T="52">2</E>S-resistant materials.
</P>
<P>(9) <I>Fuel and/or instrument gas.</I> You must not use gas containing H<E T="52">2</E>S for instrument gas. You must not use gas containing H<E T="52">2</E>S for fuel gas without the prior approval of the District Manager.
</P>
<P>(10) <I>Sensing lines and devices.</I> Metals used for sensing line and safety-control devices which are necessarily exposed to H<E T="52">2</E>S-bearing fluids must be constructed of H<E T="52">2</E>S-corrosion resistant materials or coated so as to resist H<E T="52">2</E>S corrosion.
</P>
<P>(11) <I>Elastomer seals.</I> You must use H<E T="52">2</E>S-resistant materials for all seals which may be exposed to fluids containing H<E T="52">2</E>S.
</P>
<P>(12) <I>Water disposal.</I> If you dispose of produced water by means other than subsurface injection, you must submit to the District Manager an analysis of the anticipated H<E T="52">2</E>S content of the water at the final treatment vessel and at the discharge point. The District Manager may require that the water be treated for removal of H<E T="52">2</E>S. The District Manager may require the submittal of an updated analysis if the water disposal rate or the potential H<E T="52">2</E>S content increases.
</P>
<P>(13) <I>Deck drains.</I> You must equip open deck drains with traps or similar devices to prevent the escape of H<E T="52">2</E>S gas into the atmosphere.
</P>
<P>(14) <I>Sealed voids.</I> You must take precautions to eliminate sealed spaces in piping designs (e.g., slip-on flanges, reinforcing pads) which can be invaded by atomic hydrogen when H<E T="52">2</E>S is present.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 89 FR 71120, Aug. 30, 2024]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="E" NODE="30:2.0.1.2.3.5" TYPE="SUBPART">
<HEAD>Subpart E—Oil and Gas Well-Completion Operations</HEAD>


<DIV8 N="§ 250.500" NODE="30:2.0.1.2.3.5.96.1" TYPE="SECTION">
<HEAD>§ 250.500   General requirements.</HEAD>
<P>Well-completion operations must be conducted in a manner to protect against harm or damage to life (including fish and other aquatic life), property, natural resources of the OCS, including any mineral deposits (in areas leased and not leased), the National security or defense, or the marine, coastal, or human environment. In addition to the requirements of this subpart, you must also follow the applicable requirements of subpart G of this part.
</P>
<CITA TYPE="N">[81 FR 26021, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.501" NODE="30:2.0.1.2.3.5.96.2" TYPE="SECTION">
<HEAD>§ 250.501   Definition.</HEAD>
<P>When used in this subpart, the following term shall have the meaning given below:
</P>
<P><I>Well-completion operations</I> means the work conducted to establish the production of a well after the production-casing string has been set, cemented, and pressure-tested.


</P>
</DIV8>


<DIV8 N="§ 250.502" NODE="30:2.0.1.2.3.5.96.3" TYPE="SECTION">
<HEAD>§ 250.502   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.503" NODE="30:2.0.1.2.3.5.96.4" TYPE="SECTION">
<HEAD>§ 250.503   Emergency shutdown system.</HEAD>
<P>When well-completion operations are conducted on a platform where there are other hydrocarbon-producing wells or other hydrocarbon flow, an emergency shutdown system (ESD) manually controlled station shall be installed near the driller's console or well-servicing unit operator's work station.


</P>
</DIV8>


<DIV8 N="§ 250.504" NODE="30:2.0.1.2.3.5.96.5" TYPE="SECTION">
<HEAD>§ 250.504   Hydrogen sulfide.</HEAD>
<P>When a well-completion operation is conducted in zones known to contain hydrogen sulfide (H<E T="52">2</E>S) or in zones where the presence of H<E T="52">2</E>S is unknown (as defined in § 250.490 of this part), the lessee shall take appropriate precautions to protect life and property on the platform or completion unit, including, but not limited to operations such as blowing the well down, dismantling wellhead equipment and flow lines, circulating the well, swabbing, and pulling tubing, pumps, and packers. The lessee shall comply with the requirements in § 250.490 of this part as well as the appropriate requirements of this subpart.


</P>
</DIV8>


<DIV8 N="§ 250.505" NODE="30:2.0.1.2.3.5.96.6" TYPE="SECTION">
<HEAD>§ 250.505   Subsea completions.</HEAD>
<P>No subsea well completion shall be commenced until the lessee obtains written approval from the District Manager in accordance with § 250.513 of this part. That approval shall be based upon a case-by-case determination that the proposed equipment and procedures will adequately control the well and permit safe production operations.


</P>
</DIV8>


<DIV8 N="§§ 250.506-250.508" NODE="30:2.0.1.2.3.5.96.7" TYPE="SECTION">
<HEAD>§§ 250.506-250.508   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.509" NODE="30:2.0.1.2.3.5.96.8" TYPE="SECTION">
<HEAD>§ 250.509   Well-completion structures on fixed platforms.</HEAD>
<P>Derricks, masts, substructures, and related equipment shall be selected, designed, installed, used, and maintained so as to be adequate for the potential loads and conditions of loading that may be encountered during the proposed operations. Prior to moving a well-completion rig or equipment onto a platform, the lessee shall determine the structural capability of the platform to safely support the equipment and proposed operations, taking into consideration the corrosion protection, age of platform, and previous stresses to the platform.


</P>
</DIV8>


<DIV8 N="§ 250.510" NODE="30:2.0.1.2.3.5.96.9" TYPE="SECTION">
<HEAD>§ 250.510   Diesel engine air intakes.</HEAD>
<P>Diesel engine air intakes must be equipped with a device to shut down the diesel engine in the event of runaway. Diesel engines that are continuously attended must be equipped with either remote operated manual or automatic-shutdown devices. Diesel engines that are not continuously attended must be equipped with automatic-shutdown devices.


</P>
</DIV8>


<DIV8 N="§ 250.511" NODE="30:2.0.1.2.3.5.96.10" TYPE="SECTION">
<HEAD>§ 250.511   Traveling-block safety device.</HEAD>
<P>All units being used for well-completion operations that have both a traveling block and a crown block must be equipped with a safety device that is designed to prevent the traveling block from striking the crown block. The device must be checked for proper operation weekly and after each drill-line slipping operation. The results of the operational check must be entered in the operations log.


</P>
</DIV8>


<DIV8 N="§ 250.512" NODE="30:2.0.1.2.3.5.96.11" TYPE="SECTION">
<HEAD>§ 250.512   Field well-completion rules.</HEAD>
<P>When geological and engineering information available in a field enables the District Manager to determine specific operating requirements, field well-completion rules may be established on the District Manager's initiative or in response to a request from a lessee. Such rules may modify the specific requirements of this subpart. After field well-completion rules have been established, well-completion operations in the field shall be conducted in accordance with such rules and other requirements of this subpart. Field well-completion rules may be amended or canceled for cause at any time upon the initiative of the District Manager or upon the request of a lessee.


</P>
</DIV8>


<DIV8 N="§ 250.513" NODE="30:2.0.1.2.3.5.96.12" TYPE="SECTION">
<HEAD>§ 250.513   Approval and reporting of well-completion operations.</HEAD>
<P>(a) No well-completion operation may begin until the lessee receives written approval from the District Manager. If completion is planned and the data are available at the time you submit the Application for Permit to Drill and Supplemental APD Information Sheet (Forms BSEE-0123 and BSEE-0123S), you may request approval for a well-completion on those forms (see §§ 250.410 through 250.418 of this part). If the District Manager has not approved the completion or if the completion objective or plans have significantly changed, you must submit an Application for Permit to Modify (Form BSEE-0124) for approval of such operations.
</P>
<P>(b) You must submit the following with Form BSEE-0124 (or with Form BSEE-0123; Form BSEE-0123S):
</P>
<P>(1) A brief description of the well-completion procedures to be followed, a statement of the expected surface pressure, and type and weight of completion fluids;
</P>
<P>(2) A schematic drawing of the well showing the proposed producing zone(s) and the subsurface well-completion equipment to be used;
</P>
<P>(3) For multiple completions, a partial electric log showing the zones proposed for completion, if logs have not been previously submitted;
</P>
<P>(4) All applicable information required in § 250.731.
</P>
<P>(5) When the well-completion is in a zone known to contain H<E T="52">2</E>S or a zone where the presence of H<E T="52">2</E>S is unknown, information pursuant to § 250.490 of this part; and
</P>
<P>(6) Payment of the service fee listed in § 250.125.
</P>
<P>(c) Within 30 days after completion, you must submit to the District Manager an End of Operations Report (Form BSEE-0125), including a schematic of the tubing and subsurface equipment.
</P>
<P>(d) You must submit public information copies of Form BSEE-0125 according to § 250.186.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50894, Aug. 22, 2012; 81 FR 26021, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.514" NODE="30:2.0.1.2.3.5.96.13" TYPE="SECTION">
<HEAD>§ 250.514   Well-control fluids, equipment, and operations.</HEAD>
<P>(a) Well-control fluids, equipment, and operations shall be designed, utilized, maintained, and/or tested as necessary to control the well in foreseeable conditions and circumstances, including subfreezing conditions. The well shall be continuously monitored during well-completion operations and shall not be left unattended at any time unless the well is shut in and secured.
</P>
<P>(b) The following well-control-fluid equipment shall be installed, maintained, and utilized:
</P>
<P>(1) A fill-up line above the uppermost BOP;
</P>
<P>(2) A well-control, fluid-volume measuring device for determining fluid volumes when filling the hole on trips; and
</P>
<P>(3) A recording mud-pit-level indicator to determine mud-pit-volume gains and losses. This indicator shall include both a visual and an audible warning device.
</P>
<P>(c) When coming out of the hole with drill pipe, the annulus shall be filled with well-control fluid before the change in such fluid level decreases the hydrostatic pressure 75 pounds per square inch (psi) or every five stands of drill pipe, whichever gives a lower decrease in hydrostatic pressure. The number of stands of drill pipe and drill collars that may be pulled prior to filling the hole and the equivalent well-control fluid volume shall be calculated and posted near the operator's station. A mechanical, volumetric, or electronic device for measuring the amount of well-control fluid required to fill the hole shall be utilized.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50894, Aug. 22, 2012; 81 FR 26021, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§§ 250.515-250.517" NODE="30:2.0.1.2.3.5.96.14" TYPE="SECTION">
<HEAD>§§ 250.515-250.517   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.518" NODE="30:2.0.1.2.3.5.96.15" TYPE="SECTION">
<HEAD>§ 250.518   Tubing and wellhead equipment.</HEAD>
<XREF ID="20260610" REFID="17">Link to an amendment published at 91 FR 35351, June 10, 2026.</XREF>
<P>(a) No tubing string may be placed in service or continue to be used unless such tubing string has the necessary strength and pressure integrity and is otherwise suitable for its intended use.
</P>
<P>(1) The tubing string must be evaluated for burst, collapse, and axial loads with appropriate safety factors and material design factors for the pressure and temperature environments of the completion, production, shut-in, and injection load cases.
</P>
<P>(2) The tubing string materials must be appropriate for the environment. You must follow NACE Standard MR0175-2003 (incorporated by reference in § 250.198) when H<E T="52">2</E>S concentration may equal or exceed 0.05 psi partial pressure.
</P>
<P>(3) The tubing string threaded connectors must be appropriate for the loads identified in paragraph (a)(1) of this section.


</P>
<P>(b) When the tree is installed, you must equip wells to monitor for casing pressure according to the following chart:

</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you . . .
</TH><TH class="gpotbl_colhed" scope="col">you must equip . . .
</TH><TH class="gpotbl_colhed" scope="col">so you can monitor . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) fixed platform wells,</TD><TD align="left" class="gpotbl_cell">the wellhead,</TD><TD align="left" class="gpotbl_cell">all annuli (A, B, C, D, <E T="03">etc.,</E> annuli).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) subsea wells,</TD><TD align="left" class="gpotbl_cell">the tubing head,</TD><TD align="left" class="gpotbl_cell">the production casing annulus (A annulus).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) hybrid * wells,</TD><TD align="left" class="gpotbl_cell">the surface wellhead,</TD><TD align="left" class="gpotbl_cell">all annuli at the surface (A and B riser annuli). If the production casing below the mudline and the production casing riser above the mudline are pressure isolated from each other, provisions must be made to monitor the production casing below the mudline for casing pressure.
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">* Characterized as a well drilled with a subsea wellhead and completed with a surface casing head, a surface tubing head, a surface tubing hanger, and a surface christmas tree.</P></DIV></DIV>
<P>(c) You must design and test the wellhead, tree, and related equipment in accordance with ANSI/API Spec. 6A (incorporated by reference in § 250.198) or ANSI/API Spec. 17D (incorporated by reference in § 250.198), as applicable. The wellhead, tree, and related equipment must have a pressure rating greater than the maximum anticipated surface pressure and must be designed, installed, operated, maintained, and tested to achieve and maintain pressure containment and pressure control.
</P>
<P>(1) Newly completed dry trees (<I>e.g.,</I> fixed, hybrid, or mudline suspension) for production or injection wells must be equipped with a minimum of one master valve and one surface safety valve (SSV), installed above the master valve, in the vertical run of the tree.
</P>
<P>(2) Newly completed subsea production or injection wells must be equipped with a minimum of one USV installed in the horizontal or vertical run of the tree (<I>e.g.,</I> vertical or horizontal subsea trees).
</P>
<P>(3) Newly completed wells with a mudline suspension conversion to a subsea tree must have a minimum of two casing strings tied back and sealed below the tubing head. At a minimum, the production casing and the next outer casing must be tied back to the wellhead, to ensure annular isolation.


</P>
<P>(d) You must install, maintain, and test surface and subsurface safety equipment in accordance with the applicable requirements in subpart H of this part.




</P>
<P>(e) When installed, packers and bridge plugs must meet the following:
</P>
<P>(1) The uppermost permanently installed packer and all permanently installed bridge plugs qualified as mechanical barriers must comply with ANSI/API Spec. 11D1 (as incorporated by reference in § 250.198);
</P>
<P>(2) The production packer must be set at a depth that will allow for a column of weighted fluids to be placed above the packer that will exert a hydrostatic force greater than or equal to the force created by the reservoir pressure below the packer;
</P>
<P>(3) The production packer must be set as close as practically possible to the perforated interval; and
</P>
<P>(4) The production packer must be set at a depth that is within the cemented interval of the selected casing section.
</P>
<P>(f) Your APM must include a description and calculations for how you determined the production packer setting depth.
</P>
<P>(g) You must have two independent barriers, one being mechanical, in the exposed center wellbore prior to removing the tree and/or well control equipment.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012, as amended at 81 FR 26021, Apr. 29, 2016; 81 FR 61918, Sept. 7, 2016; 84 FR 21976, May 15, 2019; 89 FR 71120, Aug. 30, 2024]


</CITA>
</DIV8>


<DIV7 N="96" NODE="30:2.0.1.2.3.5.96" TYPE="SUBJGRP">
<HEAD>Casing Pressure Management</HEAD>


<DIV8 N="§ 250.519" NODE="30:2.0.1.2.3.5.96.16" TYPE="SECTION">
<HEAD>§ 250.519   What are the requirements for casing pressure management?</HEAD>
<XREF ID="20260610" REFID="18">Link to an amendment published at 91 FR 35351, June 10, 2026.</XREF>
<P>Once you install your wellhead, you must meet the casing pressure management requirements of API RP 90 (as incorporated by reference in § 250.198) and the requirements of §§ 250.519 through 250.531. If there is a conflict between API RP 90 and the casing pressure requirements of this subpart, you must follow the requirements of this subpart.
</P>
<CITA TYPE="N">[84 FR 21976, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.520" NODE="30:2.0.1.2.3.5.96.17" TYPE="SECTION">
<HEAD>§ 250.520   How often do I have to monitor for casing pressure?</HEAD>
<P>You must monitor for casing pressure in your well according to the following table:

</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have . . .
</TH><TH class="gpotbl_colhed" scope="col">you must monitor . . .
</TH><TH class="gpotbl_colhed" scope="col">with a minimum one pressure data point recorded per . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) fixed platform wells,</TD><TD align="left" class="gpotbl_cell">monthly,</TD><TD align="left" class="gpotbl_cell">month for each casing.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) subsea wells,</TD><TD align="left" class="gpotbl_cell">continuously,</TD><TD align="left" class="gpotbl_cell">day for the production casing.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) hybrid wells,</TD><TD align="left" class="gpotbl_cell">continuously,</TD><TD align="left" class="gpotbl_cell">day for each riser and/or the production casing.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) wells operating under a casing pressure request on a manned fixed platform,</TD><TD align="left" class="gpotbl_cell">daily,</TD><TD align="left" class="gpotbl_cell">day for each casing.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) wells operating under a casing pressure request on an unmanned fixed platform,</TD><TD align="left" class="gpotbl_cell">weekly,</TD><TD align="left" class="gpotbl_cell">week for each casing.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 250.521" NODE="30:2.0.1.2.3.5.96.18" TYPE="SECTION">
<HEAD>§ 250.521   When do I have to perform a casing diagnostic test?</HEAD>
<P>(a) You must perform a casing diagnostic test within 30 days after first observing or imposing casing pressure according to the following table:

</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a . . .
</TH><TH class="gpotbl_colhed" scope="col">you must perform a casing diagnostic test if . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) fixed platform well,</TD><TD align="left" class="gpotbl_cell">the casing pressure is greater than 100 psig.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) subsea well,</TD><TD align="left" class="gpotbl_cell">the measurable casing pressure is greater than the external hydrostatic pressure plus 100 psig measured at the subsea wellhead.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) hybrid well,</TD><TD align="left" class="gpotbl_cell">a riser or the production casing pressure is greater than 100 psig measured at the surface.</TD></TR></TABLE></DIV></DIV>
<P>(b) You are exempt from performing a diagnostic pressure test for the production casing on a well operating under active gas lift.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012]







</CITA>
</DIV8>


<DIV8 N="§ 250.522" NODE="30:2.0.1.2.3.5.96.19" TYPE="SECTION">
<HEAD>§ 250.522   How do I manage the thermal effects caused by initial production on a newly completed or recompleted well?</HEAD>
<P>A newly completed or recompleted well often has thermal casing pressure during initial startup. Bleeding casing pressure during the startup process is considered a normal and necessary operation to manage thermal casing pressure; therefore, you do not need to evaluate these operations as a casing diagnostic test. After 30 days of continuous production, the initial production startup operation is complete and you must perform casing diagnostic testing as required in §§ 250.521 and 250.523.
</P>
<CITA TYPE="N">[84 FR 21976, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.523" NODE="30:2.0.1.2.3.5.96.20" TYPE="SECTION">
<HEAD>§ 250.523   When do I have to repeat casing diagnostic testing?</HEAD>
<P>Casing diagnostic testing must be repeated according to the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">When . . .
</TH><TH class="gpotbl_colhed" scope="col">you must repeat diagnostic testing . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) your casing pressure request approved term has expired,</TD><TD align="left" class="gpotbl_cell">immediately.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) your well, previously on gas lift, has been shut-in or returned to flowing status without gas lift for more than 180 days,</TD><TD align="left" class="gpotbl_cell">immediately on the production casing (A annulus). The production casing (A annulus) of wells on active gas lift are exempt from diagnostic testing.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) your casing pressure request becomes invalid,</TD><TD align="left" class="gpotbl_cell">within 30 days.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) a casing or riser has an increase in pressure greater than 200 psig over the previous casing diagnostic test,</TD><TD align="left" class="gpotbl_cell">within 30 days.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) after any corrective action has been taken to remediate undesirable casing pressure, either as a result of a casing pressure request denial or any other action,</TD><TD align="left" class="gpotbl_cell">within 30 days.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) your fixed platform well production casing (A annulus) has pressure exceeding 10 percent of its minimum internal yield pressure (MIYP), except for production casings on active gas lift,</TD><TD align="left" class="gpotbl_cell">once per year, not to exceed 12 months between tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) your fixed platform well's outer casing (B, C, D, <E T="03">etc.,</E> annuli) has a pressure exceeding 20 percent of its MIYP,</TD><TD align="left" class="gpotbl_cell">once every 5 years, at a minimum.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012]



</CITA>
</DIV8>


<DIV8 N="§ 250.524" NODE="30:2.0.1.2.3.5.96.21" TYPE="SECTION">
<HEAD>§ 250.524   How long do I keep records of casing pressure and diagnostic tests?</HEAD>
<P>Records of casing pressure and diagnostic tests must be kept at the field office nearest the well for a minimum of 2 years. The last casing diagnostic test for each casing or riser must be retained at the field office nearest the well until the well is abandoned.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 250.525" NODE="30:2.0.1.2.3.5.96.22" TYPE="SECTION">
<HEAD>§ 250.525   When am I required to take action from my casing diagnostic test?</HEAD>
<P>You must take action if you have any of the following conditions:
</P>
<P>(a) Any fixed platform well with a casing pressure exceeding its maximum allowable wellhead operating pressure (MAWOP);
</P>
<P>(b) Any fixed platform well with a casing pressure that is greater than 100 psig and that cannot bleed to 0 psig through a 
<FR>1/2</FR>-inch needle valve within 24 hours, or is not bled to 0 psig during a casing diagnostic test;
</P>
<P>(c) Any well that has demonstrated tubing/casing, tubing/riser, casing/casing, riser/casing, or riser/riser communication;
</P>
<P>(d) Any well that has sustained casing pressure (SCP) and is bled down to prevent it from exceeding its MAWOP, except during initial startup operations described in § 250.522;
</P>
<P>(e) Any hybrid well with casing or riser pressure exceeding 100 psig; or
</P>
<P>(f) Any subsea well with a casing pressure 100 psig greater than the external hydrostatic pressure at the subsea wellhead.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012; 84 FR 21976, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.526" NODE="30:2.0.1.2.3.5.96.23" TYPE="SECTION">
<HEAD>§ 250.526   What do I submit if my casing diagnostic test requires action?</HEAD>
<P>Within 14 days after you perform a casing diagnostic test requiring action under § 250.525:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must submit either . . .
</TH><TH class="gpotbl_colhed" scope="col">to the appropriate . . .
</TH><TH class="gpotbl_colhed" scope="col">and it must include . . .
</TH><TH class="gpotbl_colhed" scope="col">You must also . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) a notification of corrective action; or,</TD><TD align="left" class="gpotbl_cell">District Manager and copy the Regional Supervisor, Field Operations,</TD><TD align="left" class="gpotbl_cell">requirements under § 250.527.</TD><TD align="left" class="gpotbl_cell">submit an Application for Permit to Modify or Corrective Action Plan within 30 days of the diagnostic test.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) a casing pressure request,</TD><TD align="left" class="gpotbl_cell">Regional Supervisor, Field Operations,</TD><TD align="left" class="gpotbl_cell">requirements under § 250.528.</TD><TD align="left" class="gpotbl_cell"> </TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[84 FR 21976, May 15, 2019]



</CITA>
</DIV8>


<DIV8 N="§ 250.527" NODE="30:2.0.1.2.3.5.96.24" TYPE="SECTION">
<HEAD>§ 250.527   What must I include in my notification of corrective action?</HEAD>
<P>The following information must be included in the notification of corrective action:
</P>
<P>(a) Lessee or Operator name;
</P>
<P>(b) Area name and OCS block number;
</P>
<P>(c) Well name and API number; and
</P>
<P>(d) Casing diagnostic test data.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 250.528" NODE="30:2.0.1.2.3.5.96.25" TYPE="SECTION">
<HEAD>§ 250.528   What must I include in my casing pressure request?</HEAD>
<P>The following information must be included in the casing pressure request:
</P>
<P>(a) API number;
</P>
<P>(b) Lease number;
</P>
<P>(c) Area name and OCS block number;
</P>
<P>(d) Well number;
</P>
<P>(e) Company name and mailing address;
</P>
<P>(f) All casing, riser, and tubing sizes, weights, grades, and MIYP;
</P>
<P>(g) All casing/riser calculated MAWOPs;
</P>
<P>(h) All casing/riser pre-bleed down pressures;
</P>
<P>(i) Shut-in tubing pressure;
</P>
<P>(j) Flowing tubing pressure;
</P>
<P>(k) Date and the calculated daily production rate during last well test (oil, gas, basic sediment, and water);
</P>
<P>(l) Well status (shut-in, temporarily abandoned, producing, injecting, or gas lift);
</P>
<P>(m) Well type (dry tree, hybrid, or subsea);
</P>
<P>(n) Date of diagnostic test;
</P>
<P>(o) Well schematic;
</P>
<P>(p) Water depth;
</P>
<P>(q) Volumes and types of fluid bled from each casing or riser evaluated;
</P>
<P>(r) Type of diagnostic test performed:
</P>
<P>(1) Bleed down/buildup test;
</P>
<P>(2) Shut-in the well and monitor the pressure drop test;
</P>
<P>(3) Constant production rate and decrease the annular pressure test;
</P>
<P>(4) Constant production rate and increase the annular pressure test;
</P>
<P>(5) Change the production rate and monitor the casing pressure test; and
</P>
<P>(6) Casing pressure and tubing pressure history plot;
</P>
<P>(s) The casing diagnostic test data for all casing exceeding 100 psig;
</P>
<P>(t) Associated shoe strengths for casing shoes exposed to annular fluids;
</P>
<P>(u) Concentration of any H<E T="52">2</E>S that may be present;
</P>
<P>(v) Whether the structure on which the well is located is manned or unmanned;
</P>
<P>(w) Additional comments; and
</P>
<P>(x) Request date.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 250.529" NODE="30:2.0.1.2.3.5.96.26" TYPE="SECTION">
<HEAD>§ 250.529   What are the terms of my casing pressure request?</HEAD>
<P>Casing pressure requests are approved by the Regional Supervisor, Field Operations, for a term to be determined by the Regional Supervisor on a case-by-case basis. The Regional Supervisor may impose additional restrictions or requirements to allow continued operation of the well.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 250.530" NODE="30:2.0.1.2.3.5.96.27" TYPE="SECTION">
<HEAD>§ 250.530   What if my casing pressure request is denied?</HEAD>
<P>(a) If your casing pressure request is denied, then the operating company must submit plans for corrective action to the respective District Manager within 30 days of receiving the denial. The District Manager will establish a specific time period in which this corrective action will be taken. You must notify the respective District Manager within 30 days after completion of your corrected action.
</P>
<P>(b) You must submit the casing diagnostic test data to the appropriate Regional Supervisor, Field Operations, within 14 days of completion of the diagnostic test required under § 250.523(e).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012, as amended at 84 FR 21976, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.531" NODE="30:2.0.1.2.3.5.96.28" TYPE="SECTION">
<HEAD>§ 250.531   When does my casing pressure request approval become invalid?</HEAD>
<P>A casing pressure request becomes invalid when:
</P>
<P>(a) The casing or riser pressure increases by 200 psig over the approved casing pressure request pressure;
</P>
<P>(b) The approved term ends;
</P>
<P>(c) The well is worked-over, side-tracked, redrilled, recompleted, or acid stimulated;
</P>
<P>(d) A different casing or riser on the same well requires a casing pressure request; or
</P>
<P>(e) A well has more than one casing operating under a casing pressure request and one of the casing pressure requests become invalid, then all casing pressure requests for that well become invalid.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50894, Aug. 22, 2012]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="F" NODE="30:2.0.1.2.3.6" TYPE="SUBPART">
<HEAD>Subpart F—Oil and Gas Well-Workover Operations</HEAD>


<DIV8 N="§ 250.600" NODE="30:2.0.1.2.3.6.97.1" TYPE="SECTION">
<HEAD>§ 250.600   General requirements.</HEAD>
<P>Well-workover operations must be conducted in a manner to protect against harm or damage to life (including fish and other aquatic life), property, natural resources of the Outer Continental Shelf (OCS) including any mineral deposits (in areas leased and not leased), the National security or defense, or the marine, coastal, or human environment. In addition to the requirements of this subpart, you must also follow the applicable requirements of subpart G of this part.
</P>
<CITA TYPE="N">[81 FR 26021, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.601" NODE="30:2.0.1.2.3.6.97.2" TYPE="SECTION">
<HEAD>§ 250.601   Definitions.</HEAD>
<P>When used in this subpart, the following terms shall have the meanings given below:
</P>
<P><I>Expected surface pressure</I> means the highest pressure predicted to be exerted upon the surface of a well. In calculating expected surface pressure, you must consider reservoir pressure as well as applied surface pressure.
</P>
<P><I>Routine operations</I> mean any of the following operations conducted on a well with the tree installed:
</P>
<P>(a) Cutting paraffin;
</P>
<P>(b) Removing and setting pump-through-type tubing plugs, gas-lift valves, and subsurface safety valves which can be removed by wireline operations;
</P>
<P>(c) Bailing sand;
</P>
<P>(d) Pressure surveys;
</P>
<P>(e) Swabbing;
</P>
<P>(f) Scale or corrosion treatment;
</P>
<P>(g) Caliper and gauge surveys;
</P>
<P>(h) Corrosion inhibitor treatment;
</P>
<P>(i) Removing or replacing subsurface pumps;
</P>
<P>(j) Through-tubing logging (diagnostics);
</P>
<P>(k) Wireline fishing; and
</P>
<P>(l) Setting and retrieving other subsurface flow-control devices.
</P>
<P>(m) Acid treatments.
</P>
<P><I>Workover operations</I> mean the work conducted on wells after the initial completion for the purpose of maintaining or restoring the productivity of a well.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 84 FR 21976, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.602" NODE="30:2.0.1.2.3.6.97.3" TYPE="SECTION">
<HEAD>§ 250.602   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.603" NODE="30:2.0.1.2.3.6.97.4" TYPE="SECTION">
<HEAD>§ 250.603   Emergency shutdown system.</HEAD>
<P>When well-workover operations are conducted on a well with the tree removed, an emergency shutdown system (ESD) manually controlled station shall be installed near the driller's console or well-servicing unit operator's work station, except when there is no other hydrocarbon-producing well or other hydrocarbon flow on the platform.


</P>
</DIV8>


<DIV8 N="§ 250.604" NODE="30:2.0.1.2.3.6.97.5" TYPE="SECTION">
<HEAD>§ 250.604   Hydrogen sulfide.</HEAD>
<P>When a well-workover operation is conducted in zones known to contain hydrogen sulfide (H<E T="52">2</E>S) or in zones where the presence of H<E T="52">2</E>S is unknown (as defined in § 250.490 of this part), the lessee shall take appropriate precautions to protect life and property on the platform or rig, including but not limited to operations such as blowing the well down, dismantling wellhead equipment and flow lines, circulating the well, swabbing, and pulling tubing, pumps and packers. The lessee shall comply with the requirements in § 250.490 of this part as well as the appropriate requirements of this subpart.


</P>
</DIV8>


<DIV8 N="§ 250.605" NODE="30:2.0.1.2.3.6.97.6" TYPE="SECTION">
<HEAD>§ 250.605   Subsea workovers.</HEAD>
<P>No subsea well-workover operation including routine operations shall be commenced until the lessee obtains written approval from the District Manager in accordance with § 250.613 of this part. That approval shall be based upon a case-by-case determination that the proposed equipment and procedures will maintain adequate control of the well and permit continued safe production operations.


</P>
</DIV8>


<DIV8 N="§§ 250.606-250.608" NODE="30:2.0.1.2.3.6.97.7" TYPE="SECTION">
<HEAD>§§ 250.606-250.608   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.609" NODE="30:2.0.1.2.3.6.97.8" TYPE="SECTION">
<HEAD>§ 250.609   Well-workover structures on fixed platforms.</HEAD>
<P>Derricks, masts, substructures, and related equipment shall be selected, designed, installed, used, and maintained so as to be adequate for the potential loads and conditions of loading that may be encountered during the operations proposed. Prior to moving a well-workover rig or well-servicing equipment onto a platform, the lessee shall determine the structural capability of the platform to safely support the equipment and proposed operations, taking into consideration the corrosion protection, age of the platform, and previous stresses to the platform.


</P>
</DIV8>


<DIV8 N="§ 250.610" NODE="30:2.0.1.2.3.6.97.9" TYPE="SECTION">
<HEAD>§ 250.610   Diesel engine air intakes.</HEAD>
<P>You must equip diesel engine air intakes with a device to shut down the diesel engine in the event of runaway. Diesel engines that are continuously attended must be equipped with remotely operated, manual, or automatic shutdown devices. Diesel engines that are not continuously attended must be equipped with automatic shutdown devices.
</P>
<CITA TYPE="N">[81 FR 36149, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.611" NODE="30:2.0.1.2.3.6.97.10" TYPE="SECTION">
<HEAD>§ 250.611   Traveling-block safety device.</HEAD>
<P>You must equip all units being used for well-workover operations that have both a traveling block and a crown block with a safety device that is designed to prevent the traveling block from striking the crown block. You must check the device for proper operation weekly and after each drill-line slipping operation. You must enter the results of the operational check in the operations log.
</P>
<CITA TYPE="N">[81 FR 36149, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.612" NODE="30:2.0.1.2.3.6.97.11" TYPE="SECTION">
<HEAD>§ 250.612   Field well-workover rules.</HEAD>
<P>When geological and engineering information available in a field enables the District Manager to determine specific operating requirements, field well-workover rules may be established on the District Manager's initiative or in response to a request from a lessee. Such rules may modify the specific requirements of this subpart. After field well-workover rules have been established, well-workover operations in the field shall be conducted in accordance with such rules and other requirements of this subpart. Field well-workover rules may be amended or canceled for cause at any time upon the initiative of the District Manager or upon the request of a lessee.


</P>
</DIV8>


<DIV8 N="§ 250.613" NODE="30:2.0.1.2.3.6.97.12" TYPE="SECTION">
<HEAD>§ 250.613   Approval and reporting for well-workover operations.</HEAD>
<P>(a) No well-workover operation except routine ones, as defined in § 250.601 of this part, shall begin until the lessee receives written approval from the District Manager. Approval for these operations must be requested on Form BSEE-0124, Application for Permit to Modify.
</P>
<P>(b) You must submit the following with Form BSEE-0124:
</P>
<P>(1) A brief description of the well-workover procedures to be followed, a statement of the expected surface pressure, and type and weight of workover fluids;
</P>
<P>(2) When changes in existing subsurface equipment are proposed, a schematic drawing of the well showing the zone proposed for workover and the workover equipment to be used;
</P>
<P>(3) All information required in § 250.731.
</P>
<P>(4) Where the well-workover is in a zone known to contain H<E T="52">2</E>S or a zone where the presence of H2S is unknown, information pursuant to § 250.490 of this part; and
</P>
<P>(5) Payment of the service fee listed in § 250.125.
</P>
<P>(c) The following additional information shall be submitted with Form BSEE-0124 if completing to a new zone is proposed:
</P>
<P>(1) Reason for abandonment of present producing zone including supportive well test data, and
</P>
<P>(2) A statement of anticipated or known pressure data for the new zone.
</P>
<P>(d) Within 30 days after completing the well-workover operation, except routine operations, Form BSEE-0124, Application for Permit to Modify, shall be submitted to the District Manager, showing the work as performed. In the case of a well-workover operation resulting in the initial recompletion of a well into a new zone, a Form BSEE-0125, End of Operations Report, shall be submitted to the District Manager and shall include a new schematic of the tubing subsurface equipment if any subsurface equipment has been changed.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50895, Aug. 22, 2012; 81 FR 26021, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.614" NODE="30:2.0.1.2.3.6.97.13" TYPE="SECTION">
<HEAD>§ 250.614   Well-control fluids, equipment, and operations.</HEAD>
<P>The following requirements apply during all well-workover operations with the tree removed:
</P>
<P>(a) Well-control fluids, equipment, and operations shall be designed, utilized, maintained, and/or tested as necessary to control the well in foreseeable conditions and circumstances, including subfreezing conditions. The well shall be continuously monitored during well-workover operations and shall not be left unattended at anytime unless the well is shut in and secured.
</P>
<P>(b) When coming out of the hole with drill pipe or a workover string, the annulus shall be filled with well-control fluid before the change in such fluid level decreases the hydrostatic pressure 75 pounds per square inch (psi) or every five stands of drill pipe or workover string, whichever gives a lower decrease in hydrostatic pressure. The number of stands of drill pipe or workover string and drill collars that may be pulled prior to filling the hole and the equivalent well-control fluid volume shall be calculated and posted near the operator's station. A mechanical, volumetric, or electronic device for measuring the amount of well-control fluid required to fill the hold shall be utilized.
</P>
<P>(c) The following well-control-fluid equipment shall be installed, maintained, and utilized:
</P>
<P>(1) A fill-up line above the uppermost BOP;
</P>
<P>(2) A well-control, fluid-volume measuring device for determining fluid volumes when filling the hole on trips; and
</P>
<P>(3) A recording mud-pit-level indicator to determine mud-pit-volume gains and losses. This indicator shall include both a visual and an audible warning device.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50895, Aug. 22, 2012; 81 FR 26021, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§§ 250.615-250.618" NODE="30:2.0.1.2.3.6.97.14" TYPE="SECTION">
<HEAD>§§ 250.615-250.618   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.619" NODE="30:2.0.1.2.3.6.97.15" TYPE="SECTION">
<HEAD>§ 250.619   Tubing and wellhead equipment.</HEAD>
<XREF ID="20260610" REFID="19">Link to an amendment published at 91 FR 35351, June 10, 2026.</XREF>
<P>The lessee shall comply with the following requirements during well-workover operations with the tree removed:
</P>
<P>(a) No tubing string may be placed in service or continue to be used unless such tubing string has the necessary strength and pressure integrity and is otherwise suitable for its intended use.
</P>
<P>(1) The tubing string must be evaluated for burst, collapse, and axial loads with appropriate safety factors and material design factors for the pressure and temperature environments of the completion, production, shut-in, and injection load cases.
</P>
<P>(2) The tubing string materials must be appropriate for the environment. You must follow NACE Standard MR0175-2003 (incorporated by reference in § 250.198) when H<E T="52">2</E>S concentration may equal or exceed 0.05 psi partial pressure.
</P>
<P>(3) The tubing string threaded connectors must be appropriate for the loading identified in paragraph (a)(1) of this section.


</P>
<P>(b) When reinstalling the tree, you must:
</P>
<P>(1) Equip wells to monitor for casing pressure according to the following chart:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have . . .
</TH><TH class="gpotbl_colhed" scope="col">you must equip . . .
</TH><TH class="gpotbl_colhed" scope="col">so you can monitor . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) fixed platform wells,</TD><TD align="left" class="gpotbl_cell">the wellhead,</TD><TD align="left" class="gpotbl_cell">all annuli (A, B, C, D, <E T="03">etc.,</E> annuli).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) subsea wells,</TD><TD align="left" class="gpotbl_cell">the tubing head,</TD><TD align="left" class="gpotbl_cell">the production casing annulus (A annulus).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) hybrid* wells,</TD><TD align="left" class="gpotbl_cell">the surface wellhead,</TD><TD align="left" class="gpotbl_cell">all annuli at the surface (A and B riser annuli). If the production casing below the mudline and the production casing riser above the mudline are pressure isolated from each other, provisions must be made to monitor the production casing below the mudline for casing pressure.
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">* Characterized as a well drilled with a subsea wellhead and completed with a surface casing head, a surface tubing head, a surface tubing hanger, and a surface christmas tree.</P></DIV></DIV>
<P>(2) Follow the casing pressure management requirements in subpart E of this part.
</P>
<P>(c) You must design and test the wellhead, tree, and related equipment in accordance with ANSI/API Spec. 6A (incorporated by reference in § 250.198) or ANSI/API Spec. 17D (incorporated by reference in § 250.198), as applicable. The wellhead, tree, and related equipment must have a pressure rating greater than the shut-in tubing pressure and must be designed, installed, operated, maintained, and tested so as to achieve and maintain pressure containment and pressure control.
</P>
<P>(1) Dry trees (<I>e.g.,</I> fixed, hybrid, or mudline suspension) for production or injection wells must be equipped with a minimum of one master valve and one surface safety valve (SSV), installed above the master valve, in the vertical run of the tree.
</P>
<P>(2) Subsea production or injection wells must be equipped with a minimum of one USV installed in the horizontal or vertical run of the tree (for vertical or horizontal subsea trees).
</P>
<P>(3) Wells with a mudline suspension conversion to a subsea tree must have a minimum of two casing strings tied back and sealed below the tubing head. At minimum, the production casing and the next outer casing must be tied back to the wellhead, to ensure annular isolation.


</P>
<P>(d) You must install, maintain, and test surface and subsurface safety equipment in accordance with the applicable requirements in subpart H of this part.


</P>
<P>(e) If you pull and reinstall packers and bridge plugs, you must meet the following requirements:
</P>
<P>(1) The uppermost permanently installed packer and all permanently installed bridge plugs qualified as mechanical barriers must comply with ANSI/API Spec. 11D1 (as incorporated by reference in § 250.198).
</P>
<P>(2) The production packer must be set at a depth that will allow for a column of weighted fluids to be placed above the packer that will exert a hydrostatic force greater than or equal to the force created by the reservoir pressure below the packer;
</P>
<P>(3) The production packer must be set as close as practically possible to the perforated interval; and
</P>
<P>(4) The production packer must be set at a depth that is within the cemented interval of the selected casing section.
</P>
<P>(f) Your APM must include a description and calculations for how you determined the production packer setting depth.
</P>
<P>(g) You must have two independent barriers, one being mechanical, in the exposed center wellbore prior to removing the tree and/or well control equipment.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50895, Aug. 22, 2012, as amended at 81 FR 26021, Apr. 29, 2016; 81 FR 61918, Sept. 7, 2016; 84 FR 21976, May 15, 2019; 89 FR 71121, Aug. 30, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 250.620" NODE="30:2.0.1.2.3.6.97.16" TYPE="SECTION">
<HEAD>§ 250.620   Wireline operations.</HEAD>
<P>The lessee shall comply with the following requirements during routine, as defined in § 250.601 of this part, and nonroutine wireline workover operations:
</P>
<P>(a) Wireline operations shall be conducted so as to minimize leakage of well fluids. Any leakage that does occur shall be contained to prevent pollution.
</P>
<P>(b) All wireline perforating operations and all other wireline operations where communication exists between the completed hydrocarbon-bearing zone(s) and the wellbore shall use a lubricator assembly containing at least one wireline valve.
</P>
<P>(c) When the lubricator is initially installed on the well, it shall be successfully pressure tested to the expected shut-in surface pressure.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011. Redesignated at 77 FR 50895, Aug. 22, 2012]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:2.0.1.2.3.7" TYPE="SUBPART">
<HEAD>Subpart G—Well Operations and Equipment</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>81 FR 26022, Apr. 29, 2016, unless otherwise noted.


</PSPACE></SOURCE>

<DIV7 N="97" NODE="30:2.0.1.2.3.7.97" TYPE="SUBJGRP">
<HEAD>General Requirements</HEAD>


<DIV8 N="§ 250.700" NODE="30:2.0.1.2.3.7.97.1" TYPE="SECTION">
<HEAD>§ 250.700   What operations and equipment does this subpart cover?</HEAD>
<P>This subpart covers operations and equipment associated with drilling, completion, workover, and decommissioning activities. This subpart includes regulations applicable to drilling, completion, workover, and decommissioning activities in addition to applicable regulations contained in subparts D, E, F, and Q of this part unless explicitly stated otherwise.


</P>
</DIV8>


<DIV8 N="§ 250.701" NODE="30:2.0.1.2.3.7.97.2" TYPE="SECTION">
<HEAD>§ 250.701   May I use alternate procedures or equipment during operations?</HEAD>
<P>You may use alternate procedures or equipment during operations after receiving approval as described in § 250.141. You must identify and discuss your proposed alternate procedures or equipment in your Application for Permit to Drill (APD) (Form BSEE-0123) (see § 250.414(h)) or your Application for Permit to Modify (APM) (Form BSEE-0124). Procedures for obtaining approval of alternate procedures or equipment are described in § 250.141.


</P>
</DIV8>


<DIV8 N="§ 250.702" NODE="30:2.0.1.2.3.7.97.3" TYPE="SECTION">
<HEAD>§ 250.702   May I obtain departures from these requirements?</HEAD>
<P>You may apply for a departure from these requirements as described in § 250.142. Your request must include a justification showing why the departure is necessary. You must identify and discuss the departure you are requesting in your APD (see § 250.414(h)) or your APM.


</P>
</DIV8>


<DIV8 N="§ 250.703" NODE="30:2.0.1.2.3.7.97.4" TYPE="SECTION">
<HEAD>§ 250.703   What must I do to keep wells under control?</HEAD>
<P>You must take the necessary precautions to keep wells under control at all times, including:
</P>
<P>(a) Use recognized engineering practices to reduce risks to the lowest level practicable when monitoring and evaluating well conditions and to minimize the potential for the well to flow or kick;
</P>
<P>(b) Have a person onsite during operations who represents your interests and can fulfill your responsibilities;
</P>
<P>(c) Ensure that the toolpusher, operator's representative, or a member of the rig crew maintains continuous surveillance on the rig floor from the beginning of operations until the well is completed or abandoned, unless you have secured the well with blowout preventers (BOPs), bridge plugs, cement plugs, or packers;
</P>
<P>(d) Use personnel trained according to the provisions of subparts O and S of this part;
</P>
<P>(e) Use and maintain equipment and materials necessary to ensure the safety and protection of personnel, equipment, natural resources, and the environment; and
</P>
<P>(f) Use equipment that has been designed, tested, and rated for the maximum environmental and operational conditions to which it may be exposed while in service.


</P>
</DIV8>

</DIV7>


<DIV7 N="98" NODE="30:2.0.1.2.3.7.98" TYPE="SUBJGRP">
<HEAD>Rig Requirements</HEAD>


<DIV8 N="§ 250.710" NODE="30:2.0.1.2.3.7.98.5" TYPE="SECTION">
<HEAD>§ 250.710   What instructions must be given to personnel engaged in well operations?</HEAD>
<P>Prior to engaging in well operations, personnel must be instructed in:
</P>
<P>(a) <I>Hazards and safety requirements.</I> You must instruct your personnel regarding the safety requirements for the operations to be performed, possible hazards to be encountered, and general safety considerations to protect personnel, equipment, and the environment as required by subpart S of this part. The date and time of safety meetings must be recorded and available at the facility for review by BSEE representatives.
</P>
<P>(b) <I>Well control.</I> You must prepare a well-control plan for each well. Each well-control plan must contain instructions for personnel about the use of each well-control component of your BOP, procedures that describe how personnel will seal the wellbore and shear pipe before maximum anticipated surface pressure (MASP) conditions are exceeded, assignments for each crew member, and a schedule for completion of each assignment. You must keep a copy of your well-control plan on the rig at all times, and make it available to BSEE upon request. You must post a copy of the well-control plan on the rig floor.


</P>
</DIV8>


<DIV8 N="§ 250.711" NODE="30:2.0.1.2.3.7.98.6" TYPE="SECTION">
<HEAD>§ 250.711   What are the requirements for well-control drills?</HEAD>
<P>You must conduct a weekly well-control drill with all personnel engaged in well operations. Your drill must familiarize personnel engaged in well operations with their roles and functions so that they can perform their duties promptly and efficiently as outlined in the well-control plan required by § 250.710.
</P>
<P>(a) <I>Timing of drills.</I> You must conduct each drill during a period of activity that minimizes the risk to operations. The timing of your drills must cover a range of different operations, including drilling with a diverter, on-bottom drilling, and tripping. The same drill may not be repeated consecutively with the same crew.
</P>
<P>(b) <I>Recordkeeping requirements.</I> For each drill, you must record the following in the daily report:
</P>
<P>(1) Date, time, and type of drill conducted;
</P>
<P>(2) The amount of time it took to be ready to close the diverter or use each well-control component of BOP system; and
</P>
<P>(3) The total time to complete the entire drill.
</P>
<P>(c) <I>A BSEE ordered drill.</I> A BSEE representative may require you to conduct a well-control drill during a BSEE inspection. The BSEE representative will consult with your onsite representative before requiring the drill.


</P>
</DIV8>


<DIV8 N="§ 250.712" NODE="30:2.0.1.2.3.7.98.7" TYPE="SECTION">
<HEAD>§ 250.712   What rig unit movements must I report?</HEAD>
<P>(a) You must report the movement of all rig units on and off locations to the District Manager using Form BSEE-0144, Rig Movement Notification Report. Rig units include MODUs, platform rigs, snubbing units, wire-line units used for non-routine operations, and coiled tubing units. You must inform the District Manager 24 hours before:
</P>
<P>(1) The arrival of a rig unit on location;
</P>
<P>(2) The movement of a rig unit to another slot. For movements that will occur less than 24 hours after initially moving onto location (e.g., coiled tubing and batch operations), you may include your anticipated movement schedule on Form BSEE-0144; or
</P>
<P>(3) The departure of a rig unit from the location.
</P>
<P>(b) You must provide the District Manager with the rig name, lease number, well number, and expected time of arrival or departure.
</P>
<P>(c) If a MODU or platform rig is to be warm or cold stacked, you must inform the District Manager:
</P>
<P>(1) Where the MODU or platform rig is coming from;
</P>
<P>(2) The location where the MODU or platform rig will be positioned;
</P>
<P>(3) Whether the MODU or platform rig will be manned or unmanned; and
</P>
<P>(4) If the location for stacking the MODU or platform rig changes.
</P>
<P>(d) Prior to resuming operations after stacking, you must notify the appropriate District Manager of any construction, repairs, or modifications associated with the drilling package made to the MODU or platform rig.
</P>
<P>(e) If a drilling rig is entering OCS waters, you must inform the District Manager where the drilling rig is coming from.
</P>
<P>(f) If you change your anticipated date for initially moving on or off location by more than 24 hours, you must submit an updated Form BSEE-0144, Rig Movement Notification Report.
</P>
<P>(g) You are not required to report rig unit movements to and from the safe zone during the course of permitted operations.
</P>
<P>(h) If a rig unit is already on a well, you are not required to report any additional rig unit movements on that well.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21976, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.713" NODE="30:2.0.1.2.3.7.98.8" TYPE="SECTION">
<HEAD>§ 250.713   What must I provide if I plan to use a mobile offshore drilling unit (MODU) for well operations?</HEAD>
<P>If you plan to use a MODU for well operations, you must provide:
</P>
<P>(a) <I>Fitness requirements.</I> Information and data to demonstrate the MODU's capability to perform at the proposed location. This information must include the maximum environmental and operational conditions that the MODU is designed to withstand, including the minimum air gap necessary for both hurricane and non-hurricane seasons. If sufficient environmental information and data are not available at the time you submit your APD or APM, the District Manager may approve your APD or APM, but require you to collect and report this information during operations. Under this circumstance, the District Manager may revoke the approval of the APD or APM if information collected during operations shows that the MODU is not capable of performing at the proposed location.
</P>
<P>(b) <I>Foundation requirements.</I> Information to show that site-specific soil and oceanographic conditions are capable of supporting the proposed bottom-founded MODU. If you provided sufficient site-specific information in your EP, DPP, or DOCD submitted to BOEM for that well location and conditions, you may reference that information. The District Manager may require you to conduct additional surveys and soil borings before approving the APD or APM if additional information is needed to make a determination that the conditions are capable of supporting the MODU, or equipment installed on a subsea wellhead. For a moored rig, you must submit a plat of the rig's anchor pattern approved in your EP, DPP, or DOCD in your APD or APM.
</P>
<P>(c) <I>For frontier areas.</I> (1) If the design of the MODU you plan to use in a frontier area is unique or has not been proven for use in the proposed environment, the District Manager may require you to submit a third-party review of the MODU design. If required, you must obtain a third-party review of your MODU similar to the process outlined in §§ 250.915 through 250.918. You may submit this information before submitting an APD or APM.
</P>
<P>(2) If you plan to conduct operations in a frontier area, you must have a contingency plan that addresses design and operating limitations of the MODU. Your plan must identify the actions necessary to maintain safety and prevent damage to the environment. Actions must include the suspension, curtailment, or modification of operations to remedy various operational or environmental situations (e.g., vessel motion, riser offset, anchor tensions, wind speed, wave height, currents, icing or ice-loading, settling, tilt or lateral movement, resupply capability).
</P>
<P>(d) <I>Additional documentation.</I> You must provide the current Certificate of Inspection (for U.S.-flag vessels) or Certificate of Compliance (for foreign-flag vessels) from the USCG and Certificate of Classification. You must also provide current documentation of any operational limitations imposed by an appropriate classification society.
</P>
<P>(e) <I>Dynamically positioned MODU.</I> If you use a dynamically positioned MODU, you must include in your APD or APM your contingency plan for moving off location in an emergency situation. At a minimum, your plan must address emergency events caused by storms, currents, station-keeping failures, power failures, and losses of well control. The District Manager may require your plan to include additional events that may require movement of the MODU and other information needed to clarify or further address how the MODU will respond to emergencies or other events.
</P>
<P>(f) <I>Inspection of MODU.</I> The MODU must be available for inspection by the District Manager before commencing operations and at any time during operations.
</P>
<P>(g) <I>Current monitoring.</I> For water depths greater than 400 meters (1,312 feet), you must include in your APD or APM:
</P>
<P>(1) A description of the specific current speeds that will cause you to implement rig shutdown, move-off procedures, or both; and
</P>
<P>(2) A discussion of the specific measures you will take to curtail rig operations and move off location when such currents are encountered. You may use criteria, such as current velocities, riser angles, watch circles, and remaining rig power to describe when these procedures or measures will be implemented.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.714" NODE="30:2.0.1.2.3.7.98.9" TYPE="SECTION">
<HEAD>§ 250.714   Do I have to develop a dropped objects plan?</HEAD>
<P>If you use a floating rig unit in an area with subsea infrastructure, you must develop a dropped objects plan and make it available to BSEE upon request. This plan must be updated as the infrastructure on the seafloor changes. Your plan must include:
</P>
<P>(a) A description and plot of the path the rig will take while running and pulling the riser;
</P>
<P>(b) A plat showing the location of any subsea wells, production equipment, pipelines, and any other identified debris;
</P>
<P>(c) Modeling of a dropped object's path with consideration given to metocean conditions for various material forms, such as a tubular (e.g., riser or casing) and box (e.g., BOP or tree);
</P>
<P>(d) Communications, procedures, and delegated authorities established with the production host facility to shut-in any active subsea wells, equipment, or pipelines in the event of a dropped object; and
</P>
<P>(e) Any additional information required by the District Manager as appropriate to clarify, update, or evaluate your dropped objects plan.


</P>
</DIV8>


<DIV8 N="§ 250.715" NODE="30:2.0.1.2.3.7.98.10" TYPE="SECTION">
<HEAD>§ 250.715   Do I need a global positioning system (GPS) for all MODUs?</HEAD>
<P>All MODUs must have a minimum of two functioning GPS transponders at all times, and you must provide to BSEE real-time access to the GPS data prior to and during each hurricane season.
</P>
<P>(a) The GPS must be capable of monitoring the position and tracking the path in real-time if the MODU moves from its location during a severe storm.
</P>
<P>(b) You must install and protect the tracking system's equipment to minimize the risk of the system being disabled.
</P>
<P>(c) You must place the GPS transponders in different locations for redundancy to minimize risk of system failure.
</P>
<P>(d) Each GPS transponder must be capable of transmitting data for at least 7 days after a storm has passed.
</P>
<P>(e) If the MODU is moved off location in the event of a storm, you must immediately begin to record the GPS location data.
</P>
<P>(f) You must contact the Regional Office and allow real-time access to the MODU location data. When you contact the Regional Office, provide the following:
</P>
<P>(1) Name of the lessee and operator with contact information;
</P>
<P>(2) MODU name;
</P>
<P>(3) Initial date and time; and
</P>
<P>(4) How you will provide GPS real-time access.


</P>
</DIV8>

</DIV7>


<DIV7 N="99" NODE="30:2.0.1.2.3.7.99" TYPE="SUBJGRP">
<HEAD>Well Operations</HEAD>


<DIV8 N="§ 250.720" NODE="30:2.0.1.2.3.7.99.11" TYPE="SECTION">
<HEAD>§ 250.720   When and how must I secure a well?</HEAD>
<P>(a) Whenever you interrupt operations, you must notify the District Manager. Before moving off the well, you must have two independent barriers installed, at least one of which must be a mechanical barrier, as approved by the District Manager. You must install the barriers at appropriate depths within a properly cemented casing string or liner. Before removing a subsea BOP stack or surface BOP stack on a mudline suspension well, you must conduct a negative pressure test in accordance with § 250.721.
</P>
<P>(1) The events that would cause you to interrupt operations and notify the District Manager include, but are not limited to, the following:
</P>
<P>(i) Evacuation of the rig crew;
</P>
<P>(ii) Inability to keep the rig on location;
</P>
<P>(iii) Repair to major rig or well-control equipment;
</P>
<P>(iv) Observed flow outside the well's casing (e.g., shallow water flow or bubbling); or
</P>
<P>(v) Impending National Weather Service-named tropical storm or hurricane.
</P>
<P>(2) The District Manager may approve alternate procedures or barriers, in accordance with § 250.141, if you do not have time to install the required barriers or if special circumstances occur.
</P>
<P>(3) If you unlatch the BOP or LMRP:
</P>
<P>(i) Upon relatch of the BOP, you must test according to § 250.734(b)(2), or
</P>
<P>(ii) Upon relatch of the LMRP, you must test according to § 250.734(b)(3); and
</P>
<P>(iii) You must submit a revised permit with a written statement from an independent third party certifying that the previous certification under § 250.731(c) remains valid and receive District Manager approval before resuming operations.
</P>
<P>(b) Before you displace kill-weight fluid from the wellbore and/or riser, thereby creating an underbalanced state, you must obtain approval from the District Manager. To obtain approval, you must submit with your APD or APM your reasons for displacing the kill-weight fluid and provide detailed step-by-step written procedures describing how you will safely displace these fluids. The step-by-step displacement procedures must address the following:
</P>
<P>(1) Number and type of independent barriers, as described in § 250.420(b)(3), that are in place for each flow path that requires such barriers;
</P>
<P>(2) Tests you will conduct to ensure integrity of independent barriers;
</P>
<P>(3) BOP procedures you will use while displacing kill-weight fluids; and
</P>
<P>(4) Procedures you will use to monitor the volumes and rates of fluids entering and leaving the wellbore.
</P>
<P>(c) For Arctic OCS exploratory drilling operations, in addition to the requirements of paragraphs (a) and (b) of this section:
</P>
<P>(1) If you move your drilling rig off a well prior to completion or permanent abandonment, you must ensure that any equipment left on, near, or in a wellbore that has penetrated below the surface casing is positioned in a manner to:
</P>
<P>(i) Protect the well head; and
</P>
<P>(ii) Prevent or minimize the likelihood of compromising the down-hole integrity of the well or the effectiveness of the well plugs.
</P>
<P>(2) In areas of ice scour you must use a well mudline cellar or an equivalent means of minimizing the risk of damage to the well head and wellbore. BSEE may approve an equivalent means that will meet or exceed the level of safety and environmental protection provided by a mudline cellar if the operator can show that utilizing a mudline cellar would compromise the stability of the rig, impede access to the well head during a well control event, or otherwise create operational risks.
</P>
<P>(d) You must have the equipment used solely for intervention operations (e.g., tree interface tools) identified, readily available, properly maintained, and available for BSEE inspection upon request. This equipment is required for subsea completed wells with a tree installed, that meet the following conditions:
</P>
<P>(1) Have a shut-in tubing pressure that is greater than the hydrostatic pressure of the water column, or
</P>
<P>(2) Are not capable of having the annulus monitored.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 81 FR 46563, July 15, 2016; 84 FR 21976, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.721" NODE="30:2.0.1.2.3.7.99.12" TYPE="SECTION">
<HEAD>§ 250.721   What are the requirements for pressure testing casing and liners?</HEAD>
<P>(a) You must test each casing string that extends to the wellhead according to the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Casing type
</TH><TH class="gpotbl_colhed" scope="col">Minimum test pressure
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Drive or Structural,</TD><TD align="left" class="gpotbl_cell">Not required.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Conductor, excluding subsea wellheads,</TD><TD align="left" class="gpotbl_cell">250 psi.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Surface, Intermediate, and Production,</TD><TD align="left" class="gpotbl_cell">70 percent of its minimum internal yield.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must test each drilling liner and liner-top to a pressure at least equal to the anticipated leak-off pressure of the formation below that liner shoe, or subsequent liner shoes if set. You must conduct this test before you continue operations in the well.
</P>
<P>(c) You must test each production liner and liner-top to a minimum of 500 psi above the formation fracture pressure at the casing shoe into which the liner is lapped.
</P>
<P>(d) The District Manager may approve or require other casing test pressures as appropriate under the circumstances to ensure casing integrity.
</P>
<P>(e) If you plan to produce a well, you must:
</P>
<P>(1) For a well that is fully cased and cemented, pressure test the entire well to maximum anticipated shut-in tubing pressure, not to exceed 70% of the burst rating limit of the weakest component before perforating the casing or liner; or
</P>
<P>(2) For an open-hole completion, pressure test the entire well to maximum anticipated shut-in tubing pressure, not to exceed 70% of the burst rating limit of the weakest component before you drill the open-hole section.
</P>
<P>(f) You may not resume operations until you obtain a satisfactory pressure test. If the pressure declines more than 10 percent in a 30-minute test, or if there is another indication of a leak, you must submit to the District Manager for approval your proposed plans to re-cement, repair the casing or liner, or run additional casing/liner to provide a proper seal. Your submittal must include a PE certification of your proposed plans.
</P>
<P>(g) You must perform a negative pressure test on all wells that use a subsea BOP stack or wells with mudline suspension systems.
</P>
<P>(1) You must perform a negative pressure test on your final casing string or liner. This test must be conducted after setting your second barrier just above the shoe track, but prior to conducting any completion operations.
</P>
<P>(2) You must perform a negative pressure test prior to unlatching the BOP at any point in the well. The negative pressure test must be performed on those components, at a minimum, that will be exposed to the negative differential pressure that will occur when the BOP is disconnected.
</P>
<P>(3) The District Manager may require you to perform additional negative pressure tests on other casing strings or liners (e.g., intermediate casing string or liner) or on wells with a surface BOP stack as appropriate to demonstrate casing or liner integrity.
</P>
<P>(4) You must submit for approval with your APD or APM, test procedures and criteria for a successful negative pressure test. If any of your test procedures or criteria for a successful test change, you must submit for approval the changes in a revised APD or APM.
</P>
<P>(5) You must document all your test results and make them available to BSEE upon request.
</P>
<P>(6) If you have any indication of a failed negative pressure test, such as, but not limited to, pressure buildup or observed flow, you must immediately investigate the cause. If your investigation confirms that a failure occurred during the negative pressure test, you must:
</P>
<P>(i) Correct the problem and immediately notify the appropriate District Manager; and
</P>
<P>(ii) Submit a description of the corrective action taken and receive approval from the appropriate District Manager for the retest.
</P>
<P>(7) You must have two barriers in place, as described in § 250.420(b)(3), at any time and for any well, prior to performing the negative pressure test.
</P>
<P>(8) You must include documentation of the successful negative pressure test in the End-of-Operations Report (Form BSEE-0125).


</P>
</DIV8>


<DIV8 N="§ 250.722" NODE="30:2.0.1.2.3.7.99.13" TYPE="SECTION">
<HEAD>§ 250.722   What are the requirements for prolonged operations in a well?</HEAD>
<P>If wellbore operations continue within a casing or liner for more than 30 days from the previous pressure test of the well's casing or liner, you must:
</P>
<P>(a) Stop operations as soon as practicable, and evaluate the effects of the prolonged operations on continued operations and the life of the well. At a minimum, you must:
</P>
<P>(1) Evaluate the well casing with a pressure test, caliper tool, or imaging tool. On a case-by-case basis, the District Manager may require a specific method of evaluation of the effects on the well casing of prolonged operations; and
</P>
<P>(2) Report the results of your evaluation to the District Manager and obtain approval of those results before resuming operations. Your report must include calculations that indicate the well's integrity is above the minimum safety factors, if an imaging tool or caliper is used. District Manager approval is not required to resume operations if you conducted a successful pressure test as approved in your permit. You must document the successful pressure test in the WAR.
</P>
<P>(b) If well integrity has deteriorated to a level below minimum safety factors, you must:
</P>
<P>(1) Obtain approval from the District Manager to begin repairs or install additional casing. To obtain approval, you must also provide a PE certification showing that he or she reviewed and approved the proposed changes;
</P>
<P>(2) Repair the casing or run another casing string; and
</P>
<P>(3) Perform a pressure test after the repairs are made or additional casing is installed and report the results to the District Manager as specified in § 250.721.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21977, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.723" NODE="30:2.0.1.2.3.7.99.14" TYPE="SECTION">
<HEAD>§ 250.723   What additional safety measures must I take when I conduct operations on a platform that has producing wells or has other hydrocarbon flow?</HEAD>
<P>You must take the following safety measures when you conduct operations with a rig unit on or jacked-up over a platform with producing wells or that has other hydrocarbon flow:
</P>
<P>(a) The movement of rig units and related equipment on and off a platform or from well to well on the same platform, including rigging up and rigging down, must be conducted in a safe manner;
</P>
<P>(b) You must install an emergency shutdown station for the production system near the rig operator's console;
</P>
<P>(c) You must shut-in all producible wells located in the affected wellbay below the surface and at the wellhead when:
</P>
<P>(1) You move a rig unit or related equipment on and off a platform. This includes rigging up and rigging down activities within 500 feet of the affected platform;
</P>
<P>(2) You move or skid a rig unit between wells on a platform; or
</P>
<P>(3) A MODU moves within 500 feet of a platform. You may resume production once the MODU is in place, secured, and ready to begin operations.
</P>
<P>(d) All wells in the same well-bay which are capable of producing hydrocarbons must be shut-in below the surface with a pump-through-type tubing plug and at the surface with a closed master valve prior to moving rig units and related equipment, unless otherwise approved by the District Manager.
</P>
<P>(1) A closed surface-controlled subsurface safety valve of the pump-through-type may be used in lieu of the pump-through-type tubing plug provided that the surface control has been locked out of operation.
</P>
<P>(2) The well to which a rig unit or related equipment is to be moved must be equipped with a back-pressure valve prior to removing the tree and installing and testing the BOP system.
</P>
<P>(3) The well from which a rig unit or related equipment is to be moved must be equipped with a back pressure valve prior to removing the BOP system and installing the production tree.
</P>
<P>(e) Coiled tubing units, snubbing units, or wireline units may be moved onto and off of a platform without shutting in wells.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21977, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.724" NODE="30:2.0.1.2.3.7.99.15" TYPE="SECTION">
<HEAD>§ 250.724   What are the real-time monitoring requirements?</HEAD>
<P>(a) When conducting well operations with a subsea BOP or with a surface BOP on a floating facility, or when operating in an high pressure high temperature (HPHT) environment, you must gather and monitor real-time well data using an independent, automatic, and continuous monitoring system capable of recording, storing, and transmitting data regarding the following:
</P>
<P>(1) The BOP control system;
</P>
<P>(2) The well's active fluid circulating system; and
</P>
<P>(3) The well's downhole conditions with the bottom hole assembly tools (if any tools are installed).
</P>
<P>(b) You must transmit these data as they are gathered, barring unforeseeable or unpreventable interruptions in transmission, and have the capability to monitor the data, using qualified personnel in accordance with a real-time monitoring plan, as provided in paragraph (c) of this section.
</P>
<P>(c) You must develop and implement a real-time monitoring plan. Your real-time monitoring plan, and all real-time monitoring data, must be made available to BSEE upon request. Your real-time monitoring plan must include the following:
</P>
<P>(1) A description of your real-time monitoring capabilities, including the types of the data collected;
</P>
<P>(2) A description of how your real-time monitoring data will be transmitted during operations, how the data will be labeled and monitored by qualified personnel, and how the data will be stored as required in §§ 250.740 and 250.741;
</P>
<P>(3) A description of your procedures for providing BSEE access, upon request, to your real-time monitoring data;
</P>
<P>(4) The qualifications of the personnel monitoring the data;
</P>
<P>(5) Your procedures for, and methods of, communication between rig personnel and the monitoring personnel; and
</P>
<P>(6) Actions to be taken if you lose any real-time monitoring capabilities or communications between rig personnel and monitoring personnel, and a protocol for how you will respond to any significant and/or prolonged interruption of monitoring capabilities or communications, including your protocol for notifying BSEE of any significant and/or prolonged interruptions.
</P>
<CITA TYPE="N">[84 FR 21977, May 15, 2019]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="100" NODE="30:2.0.1.2.3.7.100" TYPE="SUBJGRP">
<HEAD>Blowout Preventer (BOP) System Requirements</HEAD>


<DIV8 N="§ 250.730" NODE="30:2.0.1.2.3.7.100.16" TYPE="SECTION">
<HEAD>§ 250.730   What are the general requirements for BOP systems and system components?</HEAD>
<XREF ID="20260610" REFID="20">Link to an amendment published at 91 FR 35352, June 10, 2026.</XREF>
<P>(a) You must ensure that the BOP system and system components are designed, installed, maintained, inspected, tested, and used properly to ensure well control. The working-pressure rating of each BOP component (excluding annular(s)) must exceed MASP as defined for the operation. For a subsea BOP, the MASP must be determined at the mudline. The BOP system includes the BOP stack, control system, and any other associated system(s) and equipment. The BOP system and individual components must be able to perform their expected functions and be compatible with each other. Your BOP system must be capable of closing and sealing the wellbore to the well's MASP at all times, except as otherwise specified in the BOP system requirements of this subpart. The BOP system must be capable of closing and sealing without losing ram closure time and sealing integrity due to the corrosiveness, volume, and abrasiveness of any fluids in the wellbore that the BOP system may encounter. Your BOP system must meet the following requirements:
</P>
<P>(1) The BOP requirements of API Standard 53 (incorporated by reference in § 250.198) and the requirements of §§ 250.733 through 250.739. If there is a conflict between API Standard 53 and the requirements of this subpart, you must follow the requirements of this subpart.
</P>
<P>(2) The provisions of the following industry standards (all incorporated by reference in § 250.198) that apply to BOP systems:
</P>
<P>(i) ANSI/API Spec. 6A;
</P>
<P>(ii) ANSI/API Spec. 16A;
</P>
<P>(iii) ANSI/API Spec. 16C;
</P>
<P>(iv) API Spec. 16D; and
</P>
<P>(v) ANSI/API Spec. 17D.
</P>
<P>(3) For surface and subsea BOPs, the pipe and variable bore rams installed in the BOP stack must be capable of effectively closing and sealing on the tubular body of any drill pipe, workstring, and tubing (excluding tubing with exterior control lines and flat packs) in the hole under MASP, as defined for the operation, at the proposed regulator settings of the BOP control system.
</P>
<P>(4) The current set of approved schematic drawings must be available on the rig and at an onshore location. If you make any modifications to the BOP or control system that will require changes to your BSEE-approved schematic drawings, you must suspend operations until you obtain approval from the District Manager.
</P>
<P>(b) You must ensure that the design, fabrication, maintenance, and repair of your BOP system is in accordance with the requirements contained in this part, applicable Original Equipment Manufacturer's (OEM) recommendations unless otherwise directed by BSEE, and recognized engineering practices. The training and qualification of repair and maintenance personnel must meet or exceed applicable OEM training recommendations unless otherwise directed by BSEE.
</P>
<P>(c) You must follow the failure reporting procedures contained in API Standard 53 (incorporated by reference in § 250.198) and:
</P>
<P>(1) You must provide a written notice of equipment failure to the Office of Offshore Regulatory Programs (OORP) Chief, any third party designated by BSEE pursuant to paragraph (c)(4) of this section, and the manufacturer of such equipment within 30 days after the discovery and identification of the failure. A failure is any condition that prevents the equipment from meeting the functional specification.
</P>
<P>(2) You must start an investigation and a failure analysis within 90 days of the failure to determine the cause of the failure and complete the investigation and the failure analysis within 120 days after initiation. You also must document the results and any corrective action. You must submit the analysis report to the OORP Chief, any third party designated by BSEE pursuant to paragraph (c)(4) of this section, and the manufacturer. If you cannot complete the investigation and analysis within the specified time, you must submit an extension request detailing when and how you will complete the investigation and analysis to BSEE for approval. You must submit the extension request to the OORP Chief.
</P>
<P>(3) If the equipment manufacturer notifies you that it has changed the design of the equipment that failed or if you have changed operating or repair procedures as a result of a failure, then you must, within 30 days of such changes, report the design change or modified procedures in writing to the OORP Chief, and any third party designated by BSEE pursuant to paragraph (c)(4) of this section.
</P>
<P>(4) Submit notices and reports to the Chief, Office of Offshore Regulatory Programs; Bureau of Safety and Environmental Enforcement; 45600 Woodland Road, Sterling, Virginia 20166. BSEE may designate a third party to also receive the data and reports. If BSEE designates a third party, you must submit the data and reports to the designated third party as well.
</P>
<P>(d) If you plan to use a BOP stack manufactured after the effective date of this regulation, you must use one manufactured pursuant to an ANSI/API Spec. Q1 (as incorporated by reference in § 250.198) quality management system. Such quality management system must be certified by an entity that meets the requirements of ISO/IEC 17021-1 (as incorporated by reference in § 250.198).
</P>
<P>(1) BSEE may consider accepting equipment manufactured under quality assurance programs other than ANSI/API Spec. Q1, provided you submit a request to the Chief, OORP for approval, containing relevant information about the alternative program.
</P>
<P>(2) You must submit this request to the Chief, OORP; Bureau of Safety and Environmental Enforcement; 45600 Woodland Road, Sterling, Virginia 20166.
</P>
<CITA TYPE="N">[84 FR 21977, May 15, 2019, as amended at 88 FR 58347, Aug. 23, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 250.731" NODE="30:2.0.1.2.3.7.100.17" TYPE="SECTION">
<HEAD>§ 250.731   What information must I submit for BOP systems and system components?</HEAD>
<P>For any operation that requires the use of a BOP, you must include the information listed in this section with your applicable APD, APM, or other submittal. You are required to submit this information only once for each well, unless the information changes from what you provided in an earlier approved submission or you have moved off location from the well. After you have submitted this information for a particular well, subsequent APMs or other submittals for the well should reference the approved submittal containing the information required by this section and confirm that the information remains accurate and that you have not moved off location from that well. If the information changes or you have moved off location from the well, you must submit updated information in your next submission.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must submit:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) A complete description of the BOP system and system components,</TD><TD align="left" class="gpotbl_cell">(1) Pressure ratings of BOP equipment;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Proposed BOP test pressures (for subsea BOPs, include both surface and corresponding subsea pressures);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) Rated capacities for liquid and gas for the fluid-gas separator system;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) Control fluid volumes needed to close, seal, and open each component;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(5) Control system pressure and regulator settings needed to close each ram BOP under MASP as defined for the operation;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(6) Number and volume of accumulator bottles and bottle banks (for subsea BOP, include both surface and subsea bottles);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(7) Accumulator pre-charge calculations (for subsea BOP, include both surface and subsea calculations);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(8) All locking devices; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(9) Control fluid volume calculations for the accumulator system (for a subsea BOP system, include both the surface and subsea volumes).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Schematic drawings,</TD><TD align="left" class="gpotbl_cell">(1) The inside diameter of the BOP stack;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Number and type of preventers (including blade type for shear ram(s));
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) All locking devices;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) Size range for variable bore ram(s);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(5) Size of fixed ram(s);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(6) All control systems with all alarms and set points labeled, including pods;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(7) Location and size of choke and kill lines (and gas bleed line(s) for subsea BOP);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(8) Associated valves of the BOP system;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(9) Control station locations; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(10) A cross-section of the riser for a subsea BOP system showing number, size, and labeling of all control, supply, choke, and kill lines down to the BOP.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Certification by an independent third party,</TD><TD align="left" class="gpotbl_cell">Verification that:
<br/>(1) Test data demonstrate the shear ram(s) will shear the drill pipe at the water depth as required in § 250.732;
<br/>(2) The BOP was designed, tested, and maintained to perform under the maximum environmental and operational conditions anticipated to occur at the well;
<br/>(3) The accumulator system has sufficient fluid to operate the BOP system without assistance from the charging system; and
<br/>(4) If using a subsea BOP, a BOP in an HPHT environment as defined in § 250.105, or a surface BOP on a floating facility, the BOP has not been compromised or damaged from previous service.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) If you are using a subsea BOP, descriptions of autoshear, deadman, and emergency disconnect sequence (EDS) systems,</TD><TD align="left" class="gpotbl_cell">A listing of the functions with their sequences and timing.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21978, May 15, 2019; 89 FR 71121, Aug. 30, 2024]









</CITA>
</DIV8>


<DIV8 N="§ 250.732" NODE="30:2.0.1.2.3.7.100.18" TYPE="SECTION">
<HEAD>§ 250.732   What are the independent third party requirements for BOP systems and system components?</HEAD>
<P>(a) Prior to beginning any operation requiring the use of any BOP, you must submit verification by an independent third party and supporting documentation as required by this paragraph to the appropriate District Manager and Regional Supervisor.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must submit verification and documentation related to:
</TH><TH class="gpotbl_colhed" scope="col">That:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Shear testing,</TD><TD align="left" class="gpotbl_cell">(i) Demonstrates that the BOP will shear the tubular body of any drill pipe (excluding tool joints, bottom-hole tools, and bottom hole assemblies such as heavy-weight pipe or collars), workstring, tubing and associated exterior control lines and any electric-, wire-, and slick-line to be used in the well;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Demonstrates the use of test protocols and analysis that represent recognized engineering practices for ensuring the repeatability and reproducibility of the tests, and that the testing was performed by a facility that meets generally accepted quality assurance standards;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Provides a reasonable representation of field applications, taking into consideration the physical and mechanical properties of the tubular body of any drill pipe (excluding tool joints, bottom-hole tools, and bottom hole assemblies such as heavy-weight pipe or collars), workstring, tubing and associated exterior control lines and any electric-, wire-, and slick-line to be used in the well;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Ensures testing was performed on the outermost edges of the shearing blades of the shear ram;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) Demonstrates the shearing capacity of the BOP equipment to the physical and mechanical properties of the tubular body of any drill pipe (excluding tool joints, bottom-hole tools, and bottom hole assemblies such as heavy-weight pipe or collars), workstring, tubing and associated exterior control lines and any electric-, wire-, and slick-line to be used in the well; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(vi) Includes relevant testing results.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Pressure integrity testing for sealing components, and</TD><TD align="left" class="gpotbl_cell">(i) Shows that testing is conducted after the shearing is completed and prior to opening the component;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Demonstrates that the equipment will seal at the rated working pressures (RWP) of the BOP for 5 minutes; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Includes all relevant test results.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Calculations,</TD><TD align="left" class="gpotbl_cell">Include shearing and sealing pressures for all pipe to be used in the well including corrections for MASP.</TD></TR></TABLE></DIV></DIV>
<P>(b) The independent third party must be a technical classification society, a licensed professional engineering firm, or a registered professional engineer capable of providing the required certifications and verifications. You must submit the independent third party qualifications to BSEE with the associated permit application (e.g., APD and APM). BSEE will evaluate the submitted qualifications to ensure they meet the regulatory requirements for permit approval.
</P>
<P>(c) Before you begin any operations in an HPHT environment, as defined by § 250.105, with the proposed equipment, you must include the following in your applicable permit:
</P>
<P>(1) The I3P certification required in § 250.731(c);
</P>
<P>(2) A description of any new or unusual technology being used;
</P>
<P>(3) A reference to the previously approved associated New or Unusual Technology Barrier Equipment Conceptual Plan;
</P>
<P>(4) The final report and statements in accordance with § 250.232(c); and
</P>
<P>(5) The fit for service statement required in § 250.230.
</P>
<P>You may not deploy your proposed BOP systems and related equipment that will or may be exposed to an HPHT environment until BSEE approves the New or Unusual Technology Barrier Equipment Conceptual Plan and appropriate permits (<I>e.g.,</I> APD and APM).


</P>
<P>(d) You must make all documentation that demonstrates compliance with the requirements of this section available to BSEE upon request.
</P>
<CITA TYPE="N">[84 FR 21978, May 15, 2019, as amended at 88 FR 57347, Aug. 23, 2023; 89 FR 71121, Aug. 30, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 250.733" NODE="30:2.0.1.2.3.7.100.19" TYPE="SECTION">
<HEAD>§ 250.733   What are the requirements for a surface BOP stack?</HEAD>
<XREF ID="20260610" REFID="21">Link to an amendment published at 91 FR 35352, June 10, 2026.</XREF>
<P>(a) When you drill or conduct operations with a surface BOP stack, you must install the BOP system before drilling or conducting operations to deepen the well below the surface casing and after the well is deepened below the surface casing point. The surface BOP stack must include at least four remote-controlled, hydraulically operated BOPs, consisting of one annular BOP, one BOP equipped with blind shear rams, and two BOPs equipped with pipe rams.
</P>
<P>(1) The blind shear rams must be capable of shearing at any point along the tubular body of any drill pipe (excluding tool joints, bottom-hole tools, and bottom hole assemblies that include heavy-weight pipe or collars), workstring, tubing and associated exterior control lines, and any electric-, wire-, and slick-line that is in the hole and sealing the wellbore after shearing. Prior to April 29, 2021, if your blind shear rams are unable to cut any electric-, wire-, or slick-line under MASP as defined for the operation and seal the wellbore, you must use an alternative cutting device capable of shearing the lines before closing the BOP. This device must be available on the rig floor during operations that require their use.
</P>
<P>(2) The two BOPs equipped with pipe rams must be capable of closing and sealing on the tubular body of any drill pipe, workstring, and tubing under MASP, as defined for the operation, except for tubing with exterior control lines and flat packs, a bottom hole assembly that includes heavy-weight pipe or collars, and bottom-hole tools.
</P>
<P>(b) If you plan to use a surface BOP on a floating production facility you must:
</P>
<P>(1) On new floating production facilities installed after April 29, 2021, that include a surface BOP, or when you replace an entire surface BOP stack on an existing floating production facility, follow the BOP requirements in § 250.734(a)(1).
</P>
<P>(2) For risers installed after July 28, 2016, use a dual bore riser configuration before drilling or operating in any hole section or interval where hydrocarbons are, or may be, exposed to the well. The dual bore riser must meet the design requirements of API RP 2RD (as incorporated by reference in § 250.198), including appropriate design for the maximum anticipated operating and environmental conditions.
</P>
<P>(i) For a dual bore riser configuration, the annulus between the risers must be monitored for pressure during operations. You must describe in your APD or APM your annulus monitoring plan and how you will secure the well in the event a leak is detected.
</P>
<P>(ii) The inner riser for a dual riser configuration is subject to the requirements at § 250.721 for testing the casing or liner.
</P>
<P>(c) You must install separate side outlets on the BOP stack for the kill and choke lines. If your stack does not have side outlets, you must install a drilling spool with side outlets. The outlet valves must hold pressure from both directions.
</P>
<P>(d) You must install a choke and a kill line on the BOP stack. You must equip each line with two full-bore, full-opening valves, one of which must be remote-controlled. On the kill line, you may install a check valve and a manual valve instead of the remote-controlled valve. To use this configuration, both manual valves must be readily accessible and you must install the check valve between the manual valves and the pump.
</P>
<P>(e) Additional requirements for surface BOP systems used in well-completion, workover, and decommissioning operations. The minimum BOP system for well-completion, workover, and decommissioning operations must meet the appropriate standards from the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">When . . .
</TH><TH class="gpotbl_colhed" scope="col">The minimum BOP stack must include . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) The expected pressure is less than 5,000 psi,</TD><TD align="left" class="gpotbl_cell">Three BOPs consisting of an annular, one set of pipe rams, and one set of blind-shear rams.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) The expected pressure is 5,000 psi or greater or you use multiple tubing strings,</TD><TD align="left" class="gpotbl_cell">Four BOPs consisting of an annular, two sets of pipe rams, and one set of blind-shear rams.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) You handle multiple tubing strings simultaneously,</TD><TD align="left" class="gpotbl_cell">Four BOPs consisting of an annular, one set of pipe rams, one set of dual pipe rams, and one set of blind-shear rams.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) You use a tapered drill pipe, work string, or tubing,</TD><TD align="left" class="gpotbl_cell">At least one set of pipe rams that are capable of sealing around each size of drill pipe, work string, or tubing. If the expected pressure is greater than 5,000 psi, then you must have at least two sets of pipe rams that are capable of sealing around the larger size drill pipe, work string, or tubing. You may substitute one set of variable bore rams for two sets of pipe rams.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) You use a surface BOP on a floating facility,</TD><TD align="left" class="gpotbl_cell">The elements required by § 250.733(b)(1) of this part.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21979, May 15, 2019; 88 FR 87347, Aug. 23, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 250.734" NODE="30:2.0.1.2.3.7.100.20" TYPE="SECTION">
<HEAD>§ 250.734   What are the requirements for a subsea BOP system?</HEAD>
<XREF ID="20260610" REFID="22">Link to an amendment published at 91 FR 35352, June 10, 2026.</XREF>
<P>(a) When you drill or conduct operations with a subsea BOP system, you must install the BOP system before drilling to deepen the well below the surface casing or before conducting operations if the well is already deepened beyond the surface casing point. The District Manager may require you to install a subsea BOP system before drilling or conducting operations below the conductor casing if proposed casing setting depths or local geology indicate the need. The following table outlines your requirements.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">When operating with a subsea BOP system, you must:
</TH><TH class="gpotbl_colhed" scope="col">Additional requirements:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Have at least five remote-controlled, hydraulically operated BOPs;</TD><TD align="left" class="gpotbl_cell">You must have at least one annular BOP, two BOPs equipped with pipe rams, and two BOPs equipped with shear rams. For the dual ram requirement, you must comply with this requirement no later than April 29, 2021.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Both BOPs equipped with pipe rams must be capable of closing and sealing on the tubular body of any drill pipe, workstring, and tubing under MASP, as defined for the operation, except tubing with exterior control lines and flat packs, a bottom hole assembly that includes heavy-weight pipe or collars, and bottom-hole tools.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Both shear rams must be capable of shearing at any point along the tubular body of any drill pipe (excluding tool joints, bottom-hole tools, and bottom hole assemblies such as heavy-weight pipe or collars), workstring, tubing and associated exterior control lines, appropriate area for the liner or casing landing string, shear sub on subsea test tree, and any electric-, wire-, slick-line in the hole; under MASP. At least one shear ram must be capable of sealing the wellbore after shearing under MASP conditions as defined for the operation. Any non-sealing shear ram(s) must be installed below a sealing shear ram(s).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Have an operable redundant pod control system to ensure proper and independent operation of the BOP system;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Have the accumulator capacity, to provide fast closure of the BOP components and to operate all critical functions;</TD><TD align="left" class="gpotbl_cell">The accumulator capacity must:
<br/>(i) Close each required shear ram, ram locks, one pipe ram, and disconnect the LMRP.
<br/>(ii) Have the capability to perform ROV functions within the required times outlined in API Standard 53 with ROV or flying leads.
<br/>(iii) Have bottles located subsea for the autoshear and deadman (which may be shared between those two systems) to secure the wellbore. These bottles may also be utilized to perform the secondary control system functions (e.g., ROV or acoustic functions).
<br/>(iv) Perform under MASP conditions as defined for the operation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Have a subsea BOP stack equipped with remotely operated vehicle (ROV) intervention capability;</TD><TD align="left" class="gpotbl_cell">You must have the ROV intervention capability to open and close each shear ram, ram locks, one pipe ram, and disconnect the lower marine riser package (LMRP) under MASP conditions as defined for the operation. You must be capable of performing these functions in the response times outlined in API Standard 53 (as incorporated by reference in § 250.198). The ROV panels on the BOP and LMRP must be compliant with API RP 17H (as incorporated by reference in § 250.198).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Maintain an ROV and have a trained ROV crew on each rig unit on a continuous basis once BOP deployment has been initiated from the rig until recovered to the surface. The ROV crew must examine all ROV-related well-control equipment (both surface and subsea) to ensure that it is properly maintained and capable of carrying out appropriate tasks during emergency operations;</TD><TD align="left" class="gpotbl_cell">The crew must be trained in the operation of the ROV. The training must include simulator training on stabbing into an ROV intervention panel on a subsea BOP stack. The ROV crew must be in communication with designated rig personnel who are knowledgeable about the BOP's capabilities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Provide autoshear, deadman, and EDS systems for dynamically positioned rigs; provide autoshear and deadman systems for moored rigs;</TD><TD align="left" class="gpotbl_cell">(i) Autoshear system means a safety system that is designed to automatically shut-in the wellbore in the event of a disconnect of the LMRP. This is considered a rapid discharge system.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Deadman system means a safety system that is designed to automatically shut-in the wellbore in the event of a simultaneous absence of hydraulic supply and signal transmission capacity in both subsea control pods. This is considered a rapid discharge system.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Emergency Disconnect Sequence (EDS) system means a safety system that is designed to be manually activated to shut-in the wellbore and disconnect the LMRP in the event of an emergency situation. This is considered a rapid discharge system.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Autoshear/deadman functions and an EDS mode must close, at a minimum, two shear rams in sequence and be capable of performing their expected shearing and sealing action under MASP conditions as defined for the operation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) Your sequencing must allow a sufficient delay when closing your two shear rams in order to provide maximum sealing efficiency.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Demonstrate that any acoustic control system will function in the proposed environment and conditions;</TD><TD align="left" class="gpotbl_cell">If you choose to use an acoustic control system in addition to the autoshear, deadman, and EDS requirements, you must demonstrate to the District Manager, as part of the information submitted under § 250.731, that the acoustic control system will function in the proposed environment and conditions. The District Manager may require additional information as appropriate to clarify or evaluate the acoustic control system information provided in your demonstration.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Have operational or physical barrier(s) on BOP control panels to prevent accidental disconnect functions;</TD><TD align="left" class="gpotbl_cell">You must incorporate enable buttons, or a similar feature, on control panels to ensure two-handed operation for all critical functions.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Clearly label all control panels for the subsea BOP system;</TD><TD align="left" class="gpotbl_cell">Label other BOP control panels, such as hydraulic control panel.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Develop and use a management system for operating the BOP system, including the prevention of accidental or unplanned disconnects of the system;</TD><TD align="left" class="gpotbl_cell">The management system must include written procedures for operating the BOP stack and LMRP (including proper techniques to prevent accidental disconnection of these components) and minimum knowledge requirements for personnel authorized to operate and maintain BOP components.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Establish minimum requirements for personnel authorized to operate critical BOP equipment;</TD><TD align="left" class="gpotbl_cell">Personnel must have:
<br/>(i) Training in deepwater well-control theory and practice according to the requirements of Subparts O and S; and
<br/>(ii) A comprehensive knowledge of BOP hardware and control systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Before removing the marine riser, displace the fluid in the riser with seawater;</TD><TD align="left" class="gpotbl_cell">You must maintain sufficient hydrostatic pressure or take other suitable precautions to compensate for the reduction in pressure and to maintain a safe and controlled well condition. You must follow the requirements of § 250.720(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Install the BOP stack in a well cellar when in an ice-scour area;</TD><TD align="left" class="gpotbl_cell">Your well cellar must be deep enough to ensure that the top of the stack is below the deepest probable ice-scour depth.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) Install at least two side outlets for a choke line and two side outlets for a kill line;</TD><TD align="left" class="gpotbl_cell">(i) If your stack does not have side outlets, you must install a drilling spool with side outlets.
<br/>(ii) Each side outlet must have two full-bore, full-opening valves.
<br/>(iii) The valves must hold pressure from both directions and must be remote-controlled.
<br/>iv) You must install a side outlet below the lowest sealing shear ram. You may have a pipe ram or rams between the shearing ram and side outlet.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) Install a gas bleed line with two valves for the annular preventer no later than April 30, 2018;</TD><TD align="left" class="gpotbl_cell">(i) The valves must hold pressure from both directions;
<br/>(ii) If you have dual annulars, you must install the gas bleed line below the upper annular.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) Use a BOP system that has the following mechanisms and capabilities;</TD><TD align="left" class="gpotbl_cell">(i) No later than May 1, 2023, you must have the capability to position the entire pipe completely within the area of the shearing blade. This capability cannot be a separate ram BOP or annular preventer, but you may use those during a planned shear.
<br/>(ii) If your control pods contain a subsea electronic module with batteries, a mechanism for personnel on the rig to monitor the state of charge of the subsea electronic module batteries in the BOP control pods.</TD></TR></TABLE></DIV></DIV>
<P>(b) If you suspend operations to make repairs to any part of the subsea BOP system, you must stop operations at a safe downhole location. Before resuming operations you must:
</P>
<P>(1) Submit a revised permit with a written statement from an independent third party documenting the repairs and certifying that the previous certification in § 250.731(c) remains valid;
</P>
<P>(2) Upon relatch of the BOP, perform an initial subsea BOP test in accordance with § 250.737(d)(4), including deadman in accordance with § 250.737(d)(12)(vi). If repairs take longer than 30 days, once the BOP is on deck, you must test in accordance with the requirements of § 250.737;
</P>
<P>(3) Upon relatch of the LMRP, you must test according to the following:
</P>
<P>(i) Pressure test riser connector/gasket in accordance with § 250.737(b) and (c);
</P>
<P>(ii) Pressure test choke and kill stabs at LMRP/BOP interface in accordance with § 250.737(b) and (c);
</P>
<P>(iii) Full function test of both pods and both control panels;
</P>
<P>(iv) Verify acoustic pod communication (if equipped); and
</P>
<P>(v) Deadman test with pressure test in accordance with § 250.737(d)(12)(vi).
</P>
<P>(4) Receive approval from the District Manager.
</P>
<P>(c) If you plan to drill a new well with a subsea BOP, you do not need to submit with your APD the verifications required by this subpart for the open water drilling operation. Before drilling out the surface casing, you must submit for approval a revised APD, including the verifications required in this subpart.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21980, May 15, 2019; 88 FR 57408, Aug. 23, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 250.735" NODE="30:2.0.1.2.3.7.100.21" TYPE="SECTION">
<HEAD>§ 250.735   What associated systems and related equipment must all BOP systems include?</HEAD>
<XREF ID="20260610" REFID="23">Link to an amendment published at 91 FR 35352, June 10, 2026.</XREF>
<P>All BOP systems must include the following associated systems and related equipment:
</P>
<P>(a) An accumulator system (as specified in API Standard 53, incorporated by reference in § 250.198). Your accumulator system must have the fluid volume capacity and appropriate pre-charge pressures in accordance with API Standard 53. If you supply the accumulator regulators by rig air and do not have a secondary source of pneumatic supply, you must equip the regulators with manual overrides or other devices to ensure capability of hydraulic operations if rig air is lost;
</P>
<P>(b) An automatic backup to the primary accumulator-charging system. The power source must be independent from the power source for the primary accumulator-charging system. The independent power source must possess sufficient capability to close and hold closed all BOP components under MASP conditions as defined for the operation;
</P>
<P>(c) At least two full BOP control stations. One station must be on the rig floor. You must locate the other station in a readily accessible location away from the rig floor;
</P>
<P>(d) The choke line(s) installed above the bottom well-control ram;
</P>
<P>(e) The kill line must be installed beneath at least one well-control ram, and may be installed below the bottom ram;
</P>
<P>(f) A fill-up line above the uppermost BOP;
</P>
<P>(g) Locking devices for all BOP sealing rams (<I>i.e.</I>, blind shear rams, pipe rams and variable bore rams), as follows:
</P>
<P>(1) For subsea BOPs, hydraulic locking devices must be installed on all sealing rams;
</P>
<P>(2) For surface BOPs:
</P>
<P>(i) Remotely-operated locking devices must be installed on blind shear rams no later than April 29, 2019;
</P>
<P>(ii) Manual or remotely-operated locking devices must be installed on pipe rams and variable bore rams; and
</P>
<P>(h) A wellhead assembly with a RWP that exceeds the maximum anticipated wellhead pressure.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21981, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.736" NODE="30:2.0.1.2.3.7.100.22" TYPE="SECTION">
<HEAD>§ 250.736   What are the requirements for choke manifolds, kelly-type valves inside BOPs, and drill string safety valves?</HEAD>
<XREF ID="20260610" REFID="24">Link to an amendment published at 91 FR 35352, June 10, 2026.</XREF>
<P>(a) Your BOP system must include a choke manifold that is suitable for the anticipated surface pressures, anticipated methods of well control, the surrounding environment, and the corrosiveness, volume, and abrasiveness of drilling fluids and well fluids that you may encounter.
</P>
<P>(b) Choke manifold components must have a RWP at least as great as the RWP of the ram BOPs. If your choke manifold has buffer tanks downstream of choke assemblies, you must install isolation valves on any bleed lines.
</P>
<P>(c) Valves, pipes, flexible steel hoses, and other fittings upstream of the choke manifold must have a RWP at least as great as the RWP of the ram BOPs.
</P>
<P>(d) You must use the following BOP equipment with a RWP and temperature of at least as great as the working pressure and temperature of the ram BOP during all operations:
</P>
<P>(1) The applicable kelly-type valves as described in API Standard 53 (incorporated by reference in § 250.198);
</P>
<P>(2) On a top-drive system equipped with a remote-controlled valve, a strippable kelly-type valve must be installed below the remote-controlled valve;
</P>
<P>(3) An inside BOP in the open position located on the rig floor. You must be able to install an inside BOP for each size connection in the pipe;
</P>
<P>(4) A drill string safety valve in the open position located on the rig floor. You must have a drill-string safety valve available for each size connection in the pipe;
</P>
<P>(5) When running casing, a safety valve in the open position available on the rig floor to fit the casing string being run in the hole. For subsea BOPs, the safety valve must be available on the rig floor if the length of casing being run exceeds the water depth, which would result in the casing being across the BOP stack and the rig floor prior to crossing over to the drill pipe running string;
</P>
<P>(6) All required manual and remote- controlled kelly-type valves, drill-string safety valves, and comparable-type valves (<I>i.e.</I>, kelly-type valve in a top-drive system) that are essentially full opening; and
</P>
<P>(7) A wrench to fit each manual valve. Each wrench must be readily accessible to the drilling crew.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21981, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.737" NODE="30:2.0.1.2.3.7.100.23" TYPE="SECTION">
<HEAD>§ 250.737   What are the BOP system testing requirements?</HEAD>
<XREF ID="20260610" REFID="25">Link to an amendment published at 91 FR 35352, June 10, 2026.</XREF>
<P>Your BOP system (this includes the choke manifold, kelly-type valves, inside BOP, and drill string safety valve) must meet the following testing requirements:
</P>
<P>(a) <I>Pressure test frequency.</I> You must pressure test your BOP system:
</P>
<P>(1) When installed;
</P>
<P>(2) Before 14 days have elapsed since your last BOP pressure test, or 30 days since your last blind shear ram BOP pressure test. You must begin to test your BOP system before midnight on the 14th day (or 30th day for your blind shear rams) following the conclusion of the previous test;
</P>
<P>(3) Before drilling out each string of casing or a liner. You may omit this pressure test requirement if you did not remove the BOP stack to run the casing string or liner, the required BOP test pressures for the next section of the hole are not greater than the test pressures for the previous BOP test, and the time elapsed between tests has not exceeded 14 days (or 30 days for blind shear rams). You must indicate in your APD which casing strings and liners meet these criteria;
</P>
<P>(4) In lieu of meeting the schedule established in paragraph (a)(2) of this section, you may request that BSEE approve a 21-day BOP testing frequency. To obtain BSEE approval, you must submit a request to the appropriate BSEE Regional Supervisor, District Field Operations. Your request must demonstrate that you have developed a BOP health monitoring plan that includes certain system capabilities. As long as your plan is consistent with recognized engineering and industry practice, BSEE will approve your request if it includes the following:
</P>
<P>(i) Condition monitoring tools, including continuous surveillance of sensor readings from the BOP control system, real-time condition analysis and displays, functional pressure signal analysis, historical sensor data;
</P>
<P>(ii) Failure propagation analysis;
</P>
<P>(iii) A failure tracking and resolution system that includes detailed failure reports and identification of recurring problems; and
</P>
<P>(iv) Submission of quarterly reports of the data collected pursuant to paragraphs (a)(4)(i)(iii) to the BSEE Regional Supervisor, District Field Operations.
</P>
<P>(5) The District Manager may require more frequent testing if conditions or your BOP performance warrant.
</P>
<P>(b) <I>Pressure test procedures.</I> When you pressure test the BOP system, you must conduct a low-pressure test and a high-pressure test for each BOP component (excluding test rams and non-sealing shear rams). You must begin each test by conducting the low-pressure test then transition to the high-pressure test. Each individual pressure test must hold pressure long enough to demonstrate the tested component(s) holds the required pressure. The table in this paragraph (b) outlines your pressure test requirements.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must conduct a . . .
</TH><TH class="gpotbl_colhed" scope="col">According to the following procedures . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Low-pressure test</TD><TD align="left" class="gpotbl_cell">All low-pressure tests must be between 250 and 350 psi. Any initial pressure above 350 psi must be bled back to a pressure between 250 and 350 psi before starting the test. If the initial pressure exceeds 500 psi, you must bleed back to zero and reinitiate the test.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) High-pressure test for blind shear ram-type BOPs, ram-type BOPs, the choke manifold, outside of all choke and kill side outlet valves (and annular gas bleed valves for subsea BOP), inside of all choke and kill side outlet valves below uppermost ram, and other BOP components</TD><TD align="left" class="gpotbl_cell">(i) The high-pressure test must equal the RWP of the equipment or be 500 psi greater than your calculated MASP, as defined for the operation for the applicable section of hole. Before you may test BOP equipment to the MASP plus 500 psi, the District Manager must have approved those test pressures in your permit.
<br/>(ii) The blind shear ram (BSR) must be tested to:
<br/>(A) MASP plus 500 psi for the hole section to which it is exposed; or
<br/>(B) Full well MASP plus 500 psi on initial latch up and all subsequent BSR pressure tests can be done to the casing/liner test pressure for the applicable hole section.
<br/>(iii) The choke and kill side outlet valves must be tested to, except as provided in paragraph (d)(13) of this section:
<br/>(A) MASP plus 500 psi for the hole section to which it is exposed; or
<br/>(B) Full well MASP plus 500 psi on initial latch up and all subsequent pressure tests can be done to the casing/liner test pressure for the applicable hole section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) High-pressure test for annular-type BOPs, inside of choke or kill valves (and annular gas bleed valves for subsea BOP) above the uppermost ram BOP</TD><TD align="left" class="gpotbl_cell">The high pressure test must equal 70 percent of the RWP of the equipment or be 500 psi greater than your calculated MASP, as defined for the operation for the applicable section of hole. Before you may test BOP equipment to the MASP plus 500 psi, the District Manager must have approved those test pressures in your APD or APM.</TD></TR></TABLE></DIV></DIV>
<P>(c) <I>Duration of pressure test.</I> Each test must hold the required pressure for 5 minutes, which must be recorded on a chart not exceeding 4 hours, or on a digital recorder. However, for surface BOP systems and surface equipment of a subsea BOP system, a 3-minute test duration is acceptable if recorded on a chart not exceeding 4 hours, or on a digital recorder. The recorded test pressures must be within the middle half of the chart range, <I>i.e.,</I> cannot be within the lower or upper one-fourth of the chart range. If the equipment does not hold the required pressure during a test, you must correct the problem and retest the affected component(s).
</P>
<P>(d) <I>Additional test requirements.</I> You must meet the following additional BOP testing requirements:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must . . .
</TH><TH class="gpotbl_colhed" scope="col">Additional requirements . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Follow the testing requirements of API Standard 53 (as incorporated in § 250.198)</TD><TD align="left" class="gpotbl_cell">If there is a conflict between API Standard 53, testing requirements and this section, you must follow the requirements of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Use water to test a surface BOP system on the initial test. You may use drilling/completion/workover fluids to conduct subsequent tests of a surface BOP system</TD><TD align="left" class="gpotbl_cell">(i) You must submit test procedures with your APD or APM for District Manager approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Contact the District Manager at least 72 hours prior to beginning the initial test to allow BSEE representative(s) to witness the testing. If BSEE representative(s) are unable to witness the testing, you must provide the initial test results to the appropriate District Manager within 72 hours after completion of the tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Stump test a subsea BOP system before installation</TD><TD align="left" class="gpotbl_cell">(i) You must use water to conduct this test. You may use drilling/completion/workover fluids to conduct subsequent tests of a subsea BOP system.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) You must submit test procedures with your APD or APM for District Manager approval
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Contact the District Manager at least 72 hours prior to beginning the stump test to allow BSEE representative(s) to witness the testing. If BSEE representative(s) are unable to witness the testing, you must provide the test results to the appropriate District Manager within 72 hours after completion of the tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) You must verify closure of all ROV intervention functions on your subsea BOP stack during the stump test.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) You must follow paragraphs (b) and (c) of this section. Pressure testing of each ram and annular component is only required once.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Perform an initial subsea BOP test
</TD><TD align="left" class="gpotbl_cell">(i) You must begin the initial subsea BOP test on the seafloor within 30 days of the stump test.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) You must submit test procedures with your APD or APM for District Manager approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) You must pressure test well-control rams and annulars according to paragraphs (b) and (c) of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) You must notify the District Manager at least 72 hours prior to beginning the initial subsea test for the BOP system to allow BSEE representative(s) to witness testing.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) You must test and verify closure of at least one set of rams during the initial subsea test through a ROV hot stab. You must confirm closure of the selected ram through the ROV hot stab with a 1,000 psi pressure test for 5 minutes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Alternate tests between control stations</TD><TD align="left" class="gpotbl_cell">(i) For two complete BOP control stations you must:
<br/>(A) Designate a primary and secondary station;
<br/>(B) Alternate testing between the primary and secondary control stations on a weekly basis; and
<br/>(C) For a subsea BOP, develop an alternating testing schedule to ensure the primary and secondary control stations will function each pod.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Remote panels where all BOP functions are not included (e.g., life boat panels) must be function-tested upon the initial BOP tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Pressure test variable bore-pipe ram BOPs against pipe sizes according to API Standard 53, excluding the bottom hole assembly that includes heavy-weight pipe or collars and bottom-hole tools
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Pressure test annular type BOPs against pipe sizes according to API Standard 53
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Pressure test affected BOP components following the disconnection or repair of any well-pressure containment seal in the wellhead or BOP stack assembly
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Function test annular and pipe/variable bore ram BOPs every 7 days between pressure tests
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Function test shear ram(s) BOPs every 14 days </TD><TD align="left" class="gpotbl_cell">If BSEE approves your request to utilize a 21-day BOP test frequency pursuant to § 250.737(a)(4), you may function test shear ram(s) BOPs every 21 days in accordance with the terms of that approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Actuate safety valves assembled with proper casing connections before running casing
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Function test autoshear/deadman, and EDS systems separately on your subsea BOP stack during the stump test. The District Manager may require additional testing of the emergency systems. You must also test the deadman system and verify closure of the shearing rams during the initial test on the seafloor</TD><TD align="left" class="gpotbl_cell">(i) You must submit test procedures with your APD or APM for District Manager approval. The procedures for these function tests must include the schematics of the actual controls and circuitry of the system that will be used during an actual autoshear or deadman event.
<br/>(ii) The procedures must also include the actions and sequence of events that take place on the approved schematics of the BOP control system and describe specifically how the ROV will be utilized during this operation.
<br/>(iii) When you conduct the initial deadman system test on the seafloor, you must ensure the well is secure and, if hydrocarbons have been present, appropriate barriers are in place to isolate hydrocarbons from the wellhead. You must also have an ROV on bottom during the test.
<br/>(iv) Following the deadman system test on the seafloor you must document the final remaining pressure of the subsea accumulator system.

<br/>(v) For the function test of the deadman system during the initial test on the seafloor, you must have the ability to quickly disconnect the LMRP should the rig experience a loss of station-keeping event. You must include your quick-disconnect procedures with your deadman test procedures.
<br/>(vi) You must confirm closure of the BSR(s) with a 1,000 psi pressure test for 5 minutes.

<br/>(vii) If a casing shear ram is installed, you must describe how you will verify closure of the ram.
<br/>(viii) You must document all your test results and make them available to BSEE upon request.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Pressure test the choke and kill side outlet valves</TD><TD align="left" class="gpotbl_cell">According to paragraph (b) of this section, except as follows:
<br/>(i) Test the wellbore side of the choke and kill side outlet valves above the uppermost pipe ram to the approved annular test pressure. Choke and kill side outlet valves below the uppermost pipe ram must be tested to MASP plus 500 psi for the applicable hole section.
<br/>(ii) For the 30 day BSR testing, test the wellbore side of the choke and kill side outlet valves between the upper most pipe ram and the upper most ram, to the casing/liner test pressure or annular test pressure, whichever is greater.
<br/>(iii) For BOPs with only one choke and kill side outlet valve, you are only required to pressure test the choke and kill side outlet valves from the wellbore side.</TD></TR></TABLE></DIV></DIV>
<P>(e) Prior to conducting any shear ram tests in which you will shear pipe, you must notify the District Manager at least 72 hours in advance, to ensure that a BSEE representative will have access to the location to witness any testing.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21981, May 15, 2019; 88 FR 57348, Aug. 23, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 250.738" NODE="30:2.0.1.2.3.7.100.24" TYPE="SECTION">
<HEAD>§ 250.738   What must I do in certain situations involving BOP equipment or systems?</HEAD>
<P>The table in this section describes actions that you must take when certain situations occur with BOP systems.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you encounter the following situation:
</TH><TH class="gpotbl_colhed" scope="col">Then you must . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) BOP equipment does not hold the required pressure during a test;</TD><TD align="left" class="gpotbl_cell">Correct the problem and retest the affected equipment. You must report any problems or irregularities, including any leaks, on the daily report as required in § 250.746.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Need to repair, replace, or reconfigure a surface BOP or subsea BOP system;</TD><TD align="left" class="gpotbl_cell">(1) First place the well in a safe, controlled condition as approved by the District Manager (e.g., before drilling out a casing shoe or after setting a cement plug, bridge plug, or a packer).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Any repair or replacement parts must be manufactured under a quality assurance program and must meet or exceed the performance of the original part produced by the OEM.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) Submit a revised permit with a written statement from an independent third party documenting the repairs, replacement, or reconfiguration and certifying that the previous certification under § 250.731(c) remains valid.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) You must receive approval from the District Manager prior to resuming operations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Need to postpone a BOP test due to well-control problems such as lost circulation, formation fluid influx, or stuck pipe;</TD><TD align="left" class="gpotbl_cell">Record the reason for postponing the test in the daily report and conduct the required BOP test after the first trip out of the hole.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) BOP control station or pod that does not function properly;</TD><TD align="left" class="gpotbl_cell">Suspend operations until that station or pod is operable. You must report any problems or irregularities, including any leaks, to the District Manager.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Plan to operate with a tapered string;</TD><TD align="left" class="gpotbl_cell">Install two or more sets of conventional or variable-bore pipe rams in the BOP stack to provide for the following: two sets of rams must be capable of sealing around the larger-size drill string and one set of pipe rams must be capable of sealing around the smaller size pipe, excluding the bottom hole assembly that includes heavy weight pipe or collars and bottom-hole tools.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) Plan to install casing rams or casing shear rams in a surface BOP stack;</TD><TD align="left" class="gpotbl_cell">Before running casing, perform a shell test to the permit approved test pressure of the BOP component above the casing ram/casing shear. If this installation was not included in your approved permit, and changes the BOP configuration approved in the APD or APM, you must notify and receive approval from the District Manager.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) Plan to use an annular BOP with a RWP less than the anticipated surface pressure;</TD><TD align="left" class="gpotbl_cell">Demonstrate that your well-control procedures or the anticipated well conditions will not place demands above its RWP and obtain approval from the District Manager.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(h) Plan to use a subsea BOP system in an ice-scour area;</TD><TD align="left" class="gpotbl_cell">Install the BOP stack in a well cellar. The well cellar must be deep enough to ensure that the top of the stack is below the deepest probable ice-scour depth.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) You activate any shear ram and pipe or casing is sheared;</TD><TD align="left" class="gpotbl_cell">Retrieve, physically inspect, and conduct a full pressure test of the BOP stack after the situation is fully controlled. You must submit to the District Manager a report from an independent third party certifying that the BOP is fit to return to service.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(j) Need to remove the BOP stack;</TD><TD align="left" class="gpotbl_cell">Have a minimum of two barriers in place prior to BOP removal. You must obtain approval from the District Manager of the two barriers prior to removal and the District Manager may require additional barriers and test(s).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(k) In the event of a deadman or autoshear activation, if there is a possibility of the blind shear ram opening immediately upon re-establishing power to the BOP stack;</TD><TD align="left" class="gpotbl_cell">Place the blind shear ram opening function in the block position prior to re-establishing power to the stack. Contact the District Manager and receive approval of procedures for re-establishing power and functions prior to latching up the BOP stack or re-establishing power to the stack.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(l) If a test ram is to be used;</TD><TD align="left" class="gpotbl_cell">The wellhead/BOP connection must be tested to the MASP plus 500 psi for the hole section to which it is exposed. This can be done by:
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(1) Testing wellhead/BOP connection to the MASP plus 500 psi for the well upon installation;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Pressure testing each casing to the MASP plus 500 psi for the next hole section; or
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) Some combination of paragraphs (l)(1) and (2) of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(m) Plan to utilize any other circulating or ancillary equipment (e.g., but not limited to, subsea isolation device, subsea accumulator module, or gas handler) that is in addition to the equipment required in this subpart;</TD><TD align="left" class="gpotbl_cell">Contact the District Manager and request approval in your APD or APM. Your request must include a report from an independent third party on the equipment's design and suitability for its intended use as well as any other information required by the District Manager. The District Manager may impose any conditions regarding the equipment's capabilities, operation, and testing.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(n) You have pipe/variable bore rams that have no current utility or well-control purposes;</TD><TD align="left" class="gpotbl_cell">Indicate in your APD or APM which pipe/variable bore rams meet these criteria and clearly label them on all BOP control panels. You do not need to function test or pressure test pipe/variable bore rams having no current utility, and that will not be used for well-control purposes, until such time as they are intended to be used during operations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(o) You install redundant components for well control in your BOP system that are in addition to the required components of this subpart (e.g., pipe/variable bore rams, shear rams, annular preventers, gas bleed lines, and choke/kill side outlets or lines);</TD><TD align="left" class="gpotbl_cell">Comply with all testing, maintenance, and inspection requirements in this subpart that are applicable to those well-control components. If any redundant component fails a test, you must submit a report from an independent third party that describes the failure and confirms that there is no impact on the BOP that will make it unfit for well-control purposes. You must submit this report to the District Manager and receive approval before resuming operations. The District Manager may require you to provide additional information as needed to clarify or evaluate your report.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(p) Need to position the bottom hole assembly, including heavy-weight pipe or collars, and bottom-hole tools across the BOP for tripping or any other operations.</TD><TD align="left" class="gpotbl_cell">Ensure that the well is stable prior to positioning the bottom hole assembly across the BOP. You must have, as part of your well-control plan required by § 250.710, procedures that enable the removal of the bottom hole assembly from across the BOP in the event of a well-control or emergency situation (for dynamically positioned rigs, your plan must also include steps for when the EDS must be activated) before MASP conditions are reached as defined for the operation.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21983, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.739" NODE="30:2.0.1.2.3.7.100.25" TYPE="SECTION">
<HEAD>§ 250.739   What are the BOP maintenance and inspection requirements?</HEAD>
<XREF ID="20260610" REFID="26">Link to an amendment published at 91 FR 35352, June 10, 2026.</XREF>
<P>(a) You must maintain and inspect your BOP system to ensure that the equipment functions as designed. The BOP maintenance and inspections must meet or exceed any OEM recommendations, recognized engineering practices, and industry standards incorporated by reference into the regulations of this subpart, including API Standard 53 (incorporated by reference in § 250.198). You must document how you met or exceeded the provisions of API Standard 53, maintain complete records to ensure the traceability of BOP stack equipment beginning at fabrication, and record the results of your BOP inspections and maintenance actions. You must make all records available to BSEE upon request.
</P>
<P>(b) A major, detailed inspection of the well control system components (including but not limited to riser, BOP, LMRP, and control pods) must be performed every 5 years. This major inspection may be performed in phased intervals. You must track and document all system and component inspection dates. These records must be available on the rig. An independent third party is required to review the inspection results and must compile a detailed report of the inspection results, including descriptions of any problems and how they were corrected. You must make these reports available to BSEE upon request. This major inspection must be performed every 5 years from the following applicable dates, whichever is later:
</P>
<P>(1) The date the equipment owner accepts delivery of a new build drilling rig with a new BOP system;
</P>
<P>(2) The date the new, repaired, or remanufactured equipment is initially installed into the system; or
</P>
<P>(3) The date of the last 5 year inspection for the component.
</P>
<P>(c) You must visually inspect your surface BOP system on a daily basis. You must visually inspect your subsea BOP system, marine riser, and wellhead at least once every 3 days if weather and sea conditions permit. You may use cameras to inspect subsea equipment.
</P>
<P>(d) You must ensure that all personnel maintaining, inspecting, or repairing BOPs, or critical components of the BOP system, are trained in accordance with applicable training requirements in subpart S of this part, any applicable OEM criteria, recognized engineering practices, and industry standards incorporated by reference in this subpart.
</P>
<P>(e) You must make all records available to BSEE upon request. You must ensure that the rig unit owner maintains the BOP maintenance, inspection, and repair records on the rig unit for 2 years from the date the records are created or for a longer period if directed by BSEE. You must ensure that all equipment schematics, maintenance, inspection, and repair records are located at an onshore location for the service life of the equipment.
</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 84 FR 21983, May 15, 2019]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="101" NODE="30:2.0.1.2.3.7.101" TYPE="SUBJGRP">
<HEAD>Records and Reporting</HEAD>


<DIV8 N="§ 250.740" NODE="30:2.0.1.2.3.7.101.26" TYPE="SECTION">
<HEAD>§ 250.740   What records must I keep?</HEAD>
<P>You must keep a daily report consisting of complete, legible, and accurate records for each well. You must keep records onsite while well operations continue. After completion of operations, you must keep all operation and other well records for the time periods shown in § 250.741 at a location of your choice, except as required in § 250.746. The records must contain complete information on all of the following:
</P>
<P>(a) Well operations, all testing conducted, and any real-time monitoring data as required by § 250.724;
</P>
<P>(b) Descriptions of formations penetrated;
</P>
<P>(c) Content and character of oil, gas, water, and other mineral deposits in each formation;
</P>
<P>(d) Kind, weight, size, grade, and setting depth of casing;
</P>
<P>(e) All well logs and surveys run in the wellbore;
</P>
<P>(f) Any significant malfunction or problem; and
</P>
<P>(g) All other information required by the District Manager as appropriate to ensure compliance with the requirements of this section and to enable BSEE to determine that the well operations are consistent with conservation of natural resources and protection of safety and the environment on the OCS.


</P>
</DIV8>


<DIV8 N="§ 250.741" NODE="30:2.0.1.2.3.7.101.27" TYPE="SECTION">
<HEAD>§ 250.741   How long must I keep records?</HEAD>
<P>You must keep records for the time periods shown in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must keep records relating to . . .
</TH><TH class="gpotbl_colhed" scope="col">Until . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Drilling;</TD><TD align="left" class="gpotbl_cell">90 days after you complete operations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Casing and liner pressure tests, diverter tests, BOP tests, and real-time monitoring data;</TD><TD align="left" class="gpotbl_cell">2 years after the completion of operations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Completion of a well or of any workover activity that materially alters the completion configuration or affects a hydrocarbon-bearing zone.</TD><TD align="left" class="gpotbl_cell">You permanently plug and abandon the well or until you assign the lease and forward the records to the assignee.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.742" NODE="30:2.0.1.2.3.7.101.28" TYPE="SECTION">
<HEAD>§ 250.742   What well records am I required to submit?</HEAD>
<P>You must submit to BSEE copies of logs or charts of electrical, radioactive, sonic, and other well logging operations; directional and vertical well surveys; velocity profiles and surveys; and analysis of cores. Each Region will provide specific instructions for submitting well logs and surveys.


</P>
</DIV8>


<DIV8 N="§ 250.743" NODE="30:2.0.1.2.3.7.101.29" TYPE="SECTION">
<HEAD>§ 250.743   What are the well activity reporting requirements?</HEAD>
<P>(a) For operations in the BSEE Gulf of America (GOA) OCS Region, you must submit Form BSEE-0133, Well Activity Report (WAR), to the District Manager on a weekly basis. The reporting week is defined as beginning on Sunday (12 a.m.) and ending on the following Saturday (11:59 p.m.). This reporting week corresponds to a week (Sunday through Saturday) on a standard calendar. Report any well operations that extend past the end of this weekly reporting period on the next weekly report. The reporting period for the weekly report is never longer than 7 days, but could be less than 7 days for the first reporting period and the last reporting period for a particular well operation. Submit each WAR and accompanying Form BSEE-0133S, Open Hole Data Report, to the BSEE GOA-OCS Region no later than close of business on the Friday immediately after the closure of the reporting week. The District Manager may require more frequent submittal of the WAR on a case-by-case basis.


</P>
<P>(b) For operations in the Pacific or Alaska OCS Regions, you must submit Form BSEE-0133, WAR, to the District Manager on a daily basis.
</P>
<P>(c) The WAR must include a description of the operations conducted, any abnormal or significant events that affect the permitted operation each day within the report from the time you begin operations to the time you end operations, any verbal approval received, the well's as-built drawings, casing, fluid weights, shoe tests, test pressures at surface conditions, and any other information concerning well activities required by the District Manager. For casing cementing operations, indicate type of returns (<I>i.e.</I>, full, partial, or none). If partial or no returns are observed, you must indicate how you determined the top of cement. For each report, indicate the operation status for the well at the end of the reporting period. On the final WAR, indicate the status of the well (completed, temporarily abandoned, permanently abandoned, or drilling suspended) and the date you finished such operations.


</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 90 FR 44326, Sept. 15, 2025]






</CITA>
</DIV8>


<DIV8 N="§ 250.744" NODE="30:2.0.1.2.3.7.101.30" TYPE="SECTION">
<HEAD>§ 250.744   What are the end of operation reporting requirements?</HEAD>
<P>(a) Within 30 days after completing operations, except routine operations as defined in § 250.601, you must submit Form BSEE-0125, End of Operations Report (EOR), to the District Manager. The EOR must include: a listing, with top and bottom depths, of all hydrocarbon zones and other zones of porosity encountered with any cored intervals; details on any drill-stem and formation tests conducted; documentation of successful negative pressure testing on wells that use a subsea BOP stack or wells with mudline suspension systems; and an updated schematic of the full wellbore configuration. The schematic must be clearly labeled and show all applicable top and bottom depths, locations and sizes of all casings, cut casing or stubs, casing perforations, casing rupture discs (indicate if burst or collapse and rating), cemented intervals, cement plugs, mechanical plugs, perforated zones, completion equipment, production and isolation packers, alternate completions, tubing, landing nipples, subsurface safety devices, and any other information required by the District Manager regarding the end of well operations. The EOR must indicate the status of the well (completed, temporarily abandoned, permanently abandoned, or drilling suspended) and the date of the well status designation. The well status date is subject to the following:
</P>
<P>(1) For surface well operations and riserless subsea operations, the operations end date is subject to the discretion of the District Manager; and
</P>
<P>(2) For subsea well operations, the operations end date is considered to be the date the BOP is disconnected from the wellhead unless otherwise specified by the District Manager.
</P>
<P>(b) You must submit public information copies of Form BSEE-0125 according to § 250.186(b).


</P>
</DIV8>


<DIV8 N="§ 250.745" NODE="30:2.0.1.2.3.7.101.31" TYPE="SECTION">
<HEAD>§ 250.745   What other well records could I be required to submit?</HEAD>
<P>The District Manager or Regional Supervisor may require you to submit copies of any or all of the following well records:
</P>
<P>(a) Well records as specified in § 250.740;
</P>
<P>(b) Paleontological interpretations or reports identifying microscopic fossils by depth and/or washed samples of drill cuttings that you normally maintain for paleontological determinations. The Regional Supervisor may issue a Notice to Lessees that sets forth the manner, timeframe, and format for submitting this information;
</P>
<P>(c) Service company reports on cementing, perforating, acidizing, testing, or other similar services; or
</P>
<P>(d) Other reports and records of operations.


</P>
</DIV8>


<DIV8 N="§ 250.746" NODE="30:2.0.1.2.3.7.101.32" TYPE="SECTION">
<HEAD>§ 250.746   What are the recordkeeping requirements for casing, liner, and BOP tests, and inspections of BOP systems and marine risers?</HEAD>
<P>You must record the time, date, and results of all casing and liner pressure tests. You must also record pressure tests, actuations, and inspections of the BOP system, system components, and marine riser in the daily report described in § 250.740. In addition, you must:
</P>
<P>(a) Record test pressures on pressure charts or digital recorders;
</P>
<P>(b) Require your onsite lessee representative, designated rig or contractor representative, and pump operator to sign and date the pressure charts or digital recordings and daily reports as correct;
</P>
<P>(c) Document on the daily report the sequential order of BOP and auxiliary equipment testing and the pressure and duration of each test. For subsea BOP systems, you must also record the closing times for annular and ram BOPs. You may reference a BOP test plan if it is available at the facility;
</P>
<P>(d) Identify on the daily report the control station and pod used during the test (identifying the pod does not apply to coiled tubing and snubbing units);
</P>
<P>(e) Identify on the daily report any problems or irregularities observed during BOP system testing and record actions taken to remedy the problems or irregularities. Any leaks associated with the BOP or control system during testing must be documented in the WAR. If any problems that cannot be resolved promptly are observed during testing, operations must be suspended until the District Manager determines that you may continue; and
</P>
<P>(f) Retain all records, including pressure charts, daily reports, and referenced documents pertaining to tests, actuations, and inspections at the rig unit for the duration of the operation. After completion of the operation, you must retain all the records listed in this section for a period of 2 years at the rig unit. You must also retain the records at the lessee's field office nearest the facility or at another location available to BSEE. You must make all the records available to BSEE upon request.


</P>
</DIV8>

</DIV7>


<DIV7 N="102" NODE="30:2.0.1.2.3.7.102" TYPE="SUBJGRP">
<HEAD>Coiled Tubing Operations</HEAD>


<DIV8 N="§ 250.750" NODE="30:2.0.1.2.3.7.102.33" TYPE="SECTION">
<HEAD>§ 250.750   What are the coiled tubing requirements?</HEAD>
<P>(a) For coiled tubing operations, you must follow the applicable requirements of this subpart and you must meet the following minimum requirements for the BOP system:
</P>
<P>(1) BOP system components must be in the following order from the top down:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">BOP system when expected surface pressures are less than or equal to 3,500 psi
</TH><TH class="gpotbl_colhed" scope="col">BOP system when expected surface pressures are greater than 3,500 psi
</TH><TH class="gpotbl_colhed" scope="col">BOP system for wells with returns taken through an outlet on the BOP stack
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Stripper or annular-type well control component</TD><TD align="left" class="gpotbl_cell">Stripper or annular-type well control component</TD><TD align="left" class="gpotbl_cell">Stripper or annular-type well control component.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Hydraulically-operated blind rams</TD><TD align="left" class="gpotbl_cell">Hydraulically-operated blind rams</TD><TD align="left" class="gpotbl_cell">Hydraulically-operated blind rams.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) Hydraulically-operated shear rams</TD><TD align="left" class="gpotbl_cell">Hydraulically-operated shear rams</TD><TD align="left" class="gpotbl_cell">Hydraulically-operated shear rams.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) Kill line inlet</TD><TD align="left" class="gpotbl_cell">Kill line inlet</TD><TD align="left" class="gpotbl_cell">Kill line inlet.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(v) Hydraulically-operated two-way slip rams</TD><TD align="left" class="gpotbl_cell">Hydraulically-operated two-way slip rams</TD><TD align="left" class="gpotbl_cell">Hydraulically-operated two-way slip rams.
<br/>Hydraulically-operated pipe rams.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(vi) Hydraulically-operated pipe rams</TD><TD align="left" class="gpotbl_cell">Hydraulically-operated pipe rams
<br/>Hydraulically-operated blind-shear rams. These rams should be located as close to the tree as practical</TD><TD align="left" class="gpotbl_cell">A flow tee or cross.
<br/>Hydraulically-operated pipe rams.
<br/>Hydraulically-operated blind-shear rams on wells with surface pressures &gt;3,500 psi. As an option, the pipe rams can be placed below the blind-shear rams. The blind-shear rams should be located as close to the tree as practical.</TD></TR></TABLE></DIV></DIV>
<P>(2) You may use a set of hydraulically-operated combination rams for the blind rams and shear rams.
</P>
<P>(3) You may use a set of hydraulically-operated combination rams for the hydraulic two-way slip rams and the hydraulically-operated pipe rams.
</P>
<P>(4) You must attach a dual check valve assembly to the coiled tubing connector at the downhole end of the coiled tubing string for all coiled tubing operations. If you plan to conduct operations without downhole check valves, you must describe alternate procedures and equipment in Form BSEE-0124, Application for Permit to Modify and have it approved by the District Manager.
</P>
<P>(5) You must have a kill line and a separate choke line. You must equip each line with two full-opening valves and at least one of the valves must be remotely controlled. You may use a manual valve instead of the remotely controlled valve on the kill line if you install a check valve between the two full-opening manual valves and the pump or manifold. The valves must have a working pressure rating equal to or greater than the working pressure rating of the connection to which they are attached, and you must install them between the well control stack and the choke or kill line. For operations with expected surface pressures greater than 3,500 psi, the kill line must be connected to a pump or manifold. You must not use the kill line inlet on the BOP stack for taking fluid returns from the wellbore.
</P>
<P>(6) You must have a hydraulic-actuating system that provides sufficient accumulator capacity to close-open-close each component in the BOP stack. This cycle must be completed with at least 200 psi above the pre-charge pressure, without assistance from a charging system.
</P>
<P>(7) All connections used in the surface BOP system from the tree to the uppermost required ram must be flanged, including the connections between the well control stack and the first full-opening valve on the choke line and the kill line.
</P>
<P>(b) BSEE considers all coiled tubing operations to be non-routine.
</P>
<CITA TYPE="N">[84 FR 21983, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.751" NODE="30:2.0.1.2.3.7.102.34" TYPE="SECTION">
<HEAD>§ 250.751   Coiled tubing testing requirements.</HEAD>
<P>You must test the coiled tubing unit in accordance with § 250.737(a), (b), (c), (d)(9), and (d)(10). You must successfully pressure test the dual check valves to the rated working pressure of the connector, the rated working pressure of the dual check valve, expected surface pressure, or the collapse pressure of the coiled tubing, whichever is less. The test interval for coiled tubing operations must include a 10 minute high-pressure test for the coiled tubing string.
</P>
<CITA TYPE="N">[84 FR 21984, May 15, 2019]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="103" NODE="30:2.0.1.2.3.7.103" TYPE="SUBJGRP">
<HEAD>Snubbing Operations</HEAD>


<DIV8 N="§ 250.760" NODE="30:2.0.1.2.3.7.103.35" TYPE="SECTION">
<HEAD>§ 250.760   What are the snubbing requirements?</HEAD>
<P>(a) For snubbing operations, you must follow the applicable requirements of this subpart and have the following minimum BOP-system components:
</P>
<P>(1) One set of pipe rams hydraulically operated,
</P>
<P>(2) Two sets of stripper-type pipe rams hydraulically operated with spacer spool,
</P>
<P>(3) An inside BOP or a spring-loaded, back-pressure safety valve in the open position located on the rig floor, and
</P>
<P>(4) An essentially full-opening, work-string safety valve in the open position must be maintained on the rig floor at all times and a wrench to fit the work-string safety valve must be readily available.
</P>
<P>(5) Proper connections must be readily available for inserting valves in the work string.
</P>
<P>(b) Test the snubbing unit in accordance with § 250.737(a), (b), and (c).
</P>
<CITA TYPE="N">[84 FR 21984, May 15, 2019]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="H" NODE="30:2.0.1.2.3.8" TYPE="SUBPART">
<HEAD>Subpart H—Oil and Gas Production Safety Systems</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>81 FR 61918, Sept. 7, 2016, unless otherwise noted.


</PSPACE></SOURCE>

<DIV7 N="104" NODE="30:2.0.1.2.3.8.104" TYPE="SUBJGRP">
<HEAD>General Requirements</HEAD>


<DIV8 N="§ 250.800" NODE="30:2.0.1.2.3.8.104.1" TYPE="SECTION">
<HEAD>§ 250.800   General.</HEAD>
<XREF ID="20260610" REFID="27">Link to an amendment published at 91 FR 35352, June 10, 2026.</XREF>
<P>(a) You must design, install, use, maintain, and test production safety equipment in a manner to ensure the safety and protection of the human, marine, and coastal environments. For production safety systems operated in subfreezing climates, you must use equipment and procedures that account for floating ice, icing, and other extreme environmental conditions that may occur in the area. Before you commence production on a new production facility:
</P>
<P>(1) BSEE must approve your production safety system application, as required in § 250.842.
</P>
<P>(2) You must request a preproduction inspection by notifying the District Manager at least 72 hours before you plan to commence initial production, as required under § 250.880(a)(1).
</P>
<P>(b) For all new production systems on fixed leg platforms, you must comply with API RP 14J (incorporated by reference as specified in § 250.198);
</P>
<P>(c) For all new floating production systems (FPSs) (e.g., column-stabilized-units (CSUs); floating production, storage and offloading facilities (FPSOs); tension-leg platforms (TLPs); and spars), you must:
</P>
<P>(1) Comply with API RP 14J;
</P>
<P>(2) Meet the production riser standards of API RP 2RD (incorporated by reference as specified in § 250.198), provided that you may not install single bore production risers from floating production facilities;
</P>
<P>(3) Design all stationkeeping (<I>i.e.,</I> anchoring and mooring) systems for floating production facilities to meet the standards of API RP 2SK and API RP 2SM (both incorporated by reference as specified in § 250.198); and
</P>
<P>(4) Design stationkeeping (<I>i.e.,</I> anchoring and mooring) systems for floating facilities to meet the structural requirements of §§ 250.900 through 250.921.
</P>
<P>(d) If there are any conflicts between the documents incorporated by reference and the requirements of this subpart, you must follow the requirements of this subpart.
</P>
<P>(e) You may use alternate procedures or equipment during operations after receiving approval from the District Manager. You must present your proposed alternate procedures or equipment as required by § 250.141.
</P>
<P>(f) You may apply for a departure from the operating requirements of this subpart as provided by § 250.142. Your written request must include a justification showing why the departure is necessary and appropriate.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49256, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.801" NODE="30:2.0.1.2.3.8.104.2" TYPE="SECTION">
<HEAD>§ 250.801   Safety and pollution prevention equipment (SPPE) certification.</HEAD>
<XREF ID="20260610" REFID="28">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>(a) <I>SPPE equipment.</I> You must install only safety and pollution prevention equipment (SPPE) considered certified under paragraph (b) of this section or accepted under paragraph (c) of this section. BSEE considers the following equipment to be types of SPPE:
</P>
<P>(1) Surface safety valves (SSV) and actuators, including those installed on injection wells capable of natural flow;
</P>
<P>(2) Boarding shutdown valves (BSDV) and their actuators. For subsea wells, the BSDV is the surface equivalent of an SSV on a surface well;
</P>
<P>(3) Underwater safety valves (USV) and actuators;
</P>
<P>(4) Subsurface safety valves (SSSV) and associated safety valve locks and landing nipples; and
</P>
<P>(5) Gas lift shutdown valves (GLSDV) and their actuators associated with subsea systems.
</P>
<P>(b) <I>Certification of SPPE.</I> SPPE that is manufactured and marked pursuant to ANSI/API Spec. Q1 (incorporated by reference as specified in § 250.198), is considered as certified SPPE under this part. All other SPPE is considered as not certified, unless approved in accordance with paragraph (c) of this section.
</P>
<P>(c) <I>Accepting SPPE manufactured under other quality assurance programs.</I> BSEE may exercise its discretion to accept SPPE manufactured under a quality assurance program other than ANSI/API Spec. Q1, provided that the alternative quality assurance program is verified as equivalent to API Spec. Q1 by an appropriately qualified entity and that the operator submits a request to BSEE containing relevant information about the alternative program and receives BSEE approval. In addition, an operator may request that BSEE accept SPPE that is marked with a third-party certification mark other than the API monogram. All requests under this paragraph should be submitted to the Chief, Office of Offshore Regulatory Programs; Bureau of Safety and Environmental Enforcement; VAE-ORP; 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49256, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.802" NODE="30:2.0.1.2.3.8.104.3" TYPE="SECTION">
<HEAD>§ 250.802   Requirements for SPPE.</HEAD>
<XREF ID="20260610" REFID="29">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>(a) All SSVs, BSDVs, USVs, and GLSDVs and their actuators must meet all of the specifications contained in ANSI/API Spec. 6A and API Spec. 6AV1 (both incorporated by reference in § 250.198).
</P>
<P>(b) All SSSVs and their actuators must meet all of the specifications and recommended practices of ANSI/API Spec. 14A and ANSI/API RP 14B, including all annexes (both incorporated by reference as specified in § 250.198). Subsurface-controlled SSSVs are not allowed on subsea wells.
</P>
<P>(c) Requirements derived from the documents incorporated in this section for SSVs, BSDVs, SSSVs, USVs, GLSDVs, and their actuators, include, but are not limited to, the following:
</P>
<P>(1) You must ensure that each device is designed to function in the conditions to which it may be exposed; including temperature, pressure, flow rates, and environmental conditions.
</P>
<P>(i) The device design must be tested by an independent test agency according to the test requirements in the appropriate standard for that device (API Spec. 6AV1 or ANSI/API Spec. 14A), as identified in paragraphs (a) and (b) of this section.
</P>
<P>(ii) You must maintain a description of the process you used to ensure the device is designed to function as required in paragraphs (a) and (c)(1) of this section and provide that description to BSEE upon request.
</P>
<P>(iii) If you remove any SPPE from service and install the device at a different location, you must have a qualified third party review and certify that each device will function as designed under the conditions to which it may be exposed.
</P>
<P>(2) All materials and parts must meet the original equipment manufacturer specifications and acceptance criteria.
</P>
<P>(3) The device must pass applicable validation tests and functional tests performed by an API-licensed test agency.
</P>
<P>(4) You must have requalification testing performed following manufacture design changes.
</P>
<P>(5) You must comply with and document all manufacturing, traceability, quality control, and inspection requirements.
</P>
<P>(6) You must follow specified installation, testing, and repair protocols.
</P>
<P>(7) You must use only qualified parts, procedures, and personnel to repair or redress equipment.
</P>
<P>(d) You must install and use SPPE according to the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">Then . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) You need to install any SPPE</TD><TD align="left" class="gpotbl_cell">You must install SPPE that conforms to § 250.801.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) A non-certified SPPE is already in service</TD><TD align="left" class="gpotbl_cell">It may remain in service.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) A non-certified SPPE requires offsite repair, re-manufacturing, or any hot work such as welding</TD><TD align="left" class="gpotbl_cell">You must replace it with SPPE that conforms to § 250.801.</TD></TR></TABLE></DIV></DIV>
<P>(e) You must retain all documentation related to the manufacture, installation, testing, repair, redress, and performance of the SPPE until 1 year after the date of decommissioning of the equipment.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49256, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.803" NODE="30:2.0.1.2.3.8.104.4" TYPE="SECTION">
<HEAD>§ 250.803   What SPPE failure reporting procedures must I follow?</HEAD>
<XREF ID="20260610" REFID="30">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>(a) You must follow the failure reporting requirements contained in section 10.20.7.4 of ANSI/API Spec. 6A for SSVs, BSDVs, GLSDVs and USVs. You must follow the failure reporting requirements contained in section 7.10 of ANSI/API Spec. 14A and Annex F of ANSI/API RP 14B for SSSVs (all incorporated by reference in § 250.198). Within 30 days after the discovery and identification of the failure, you must provide a written notice of equipment failure to the manufacturer of such equipment and to BSEE through the Chief, Office of Offshore Regulatory Programs, unless BSEE has designated a third party as provided in paragraph (d) of this section. A failure is any condition that prevents the equipment from meeting the functional specification or purpose.
</P>
<P>(b) You must ensure that an investigation and a failure analysis are performed within 120 days of the failure to determine the cause of the failure. If the investigation and analyses are performed by an entity other than the manufacturer, you must ensure that the analysis report is submitted to the manufacturer and to BSEE through the Chief, Office of Offshore Regulatory Programs, unless BSEE has designated a third party as provided in paragraph (d) of this section. You must also ensure that the results of the investigation and any corrective action are documented in the analysis report.
</P>
<P>(c) If the equipment manufacturer notifies you that it has changed the design of the equipment that failed or if you have changed operating or repair procedures as a result of a failure, then you must, within 30 days of such changes, report the design change or modified procedures in writing to BSEE through the Chief, Office of Offshore Regulatory Programs, unless BSEE has designated a third party as provided in paragraph (d) of this section.
</P>
<P>(d) BSEE may designate a third party to receive the data required by paragraphs (a) through (c) of this section on behalf of BSEE. If BSEE designates a third party, you must submit the information required in this section to the designated third party, as directed by BSEE.
</P>
<CITA TYPE="N">[83 FR 49256, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.804" NODE="30:2.0.1.2.3.8.104.5" TYPE="SECTION">
<HEAD>§ 250.804   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.805" NODE="30:2.0.1.2.3.8.104.6" TYPE="SECTION">
<HEAD>§ 250.805   Hydrogen sulfide.</HEAD>
<P>(a) In zones known to contain hydrogen sulfide (H<E T="52">2</E>S) or in zones where the presence of H<E T="52">2</E>S is unknown, as defined in § 250.490, you must conduct production operations in accordance with that section and other relevant requirements of this subpart.
</P>
<P>(b) You must receive approval through the DWOP process (§§ 250.286 through 250.295) for production operations in HPHT environments known to contain H<E T="52">2</E>S or in HPHT environments where the presence of H<E T="52">2</E>S is unknown.


</P>
</DIV8>


<DIV8 N="§§ 250.806-250.809" NODE="30:2.0.1.2.3.8.104.7" TYPE="SECTION">
<HEAD>§§ 250.806-250.809   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="105" NODE="30:2.0.1.2.3.8.105" TYPE="SUBJGRP">
<HEAD>Surface and Subsurface Safety Systems—Dry Trees</HEAD>


<DIV8 N="§ 250.810" NODE="30:2.0.1.2.3.8.105.8" TYPE="SECTION">
<HEAD>§ 250.810   Dry tree subsurface safety devices—general.</HEAD>
<P>For wells using dry trees or for which you intend to install dry trees, you must equip all tubing installations open to hydrocarbon-bearing zones with subsurface safety devices that will shut off the flow from the well in the event of an emergency unless, after you submit a request containing a justification, the District Manager determines the well to be incapable of natural flow. You must install flow couplings above and below the subsurface safety devices. These subsurface safety devices include the following devices and any associated safety valve lock and landing nipple:
</P>
<P>(a) An SSSV, including either:
</P>
<P>(1) A surface-controlled SSSV; or
</P>
<P>(2) A subsurface-controlled SSSV.
</P>
<P>(b) An injection valve.
</P>
<P>(c) A tubing plug.
</P>
<P>(d) A tubing/annular subsurface safety device.


</P>
</DIV8>


<DIV8 N="§ 250.811" NODE="30:2.0.1.2.3.8.105.9" TYPE="SECTION">
<HEAD>§ 250.811   Specifications for SSSVs—dry trees.</HEAD>
<P>All surface-controlled and subsurface-controlled SSSVs, safety valve locks, and landing nipples installed in the OCS must conform to the requirements specified in §§ 250.801 through 250.803.


</P>
</DIV8>


<DIV8 N="§ 250.812" NODE="30:2.0.1.2.3.8.105.10" TYPE="SECTION">
<HEAD>§ 250.812   Surface-controlled SSSVs—dry trees.</HEAD>
<P>You must equip all tubing installations open to a hydrocarbon-bearing zone that is capable of natural flow with a surface-controlled SSSV, except as specified in §§ 250.813, 250.815, and 250.816.
</P>
<P>(a) The surface controls must be located on the site or at a BSEE-approved remote location. You may request District Manager approval to situate the surface controls at a remote location.
</P>
<P>(b) You must equip dry tree wells not previously equipped with a surface-controlled SSSV, and dry tree wells in which a surface-controlled SSSV has been replaced with a subsurface-controlled SSSV, with a surface-controlled SSSV when the tubing is first removed and reinstalled.


</P>
</DIV8>


<DIV8 N="§ 250.813" NODE="30:2.0.1.2.3.8.105.11" TYPE="SECTION">
<HEAD>§ 250.813   Subsurface-controlled SSSVs.</HEAD>
<P>You may submit an APM or a request to the District Manager for approval to equip a dry tree well with a subsurface-controlled SSSV in lieu of a surface-controlled SSSV, if the subsurface-controlled SSSV is installed in a well equipped with a surface-controlled SSSV that has become inoperable and cannot be repaired without removal and reinstallation of the tubing. If you remove and reinstall the tubing, you must equip the well with a surface-controlled SSSV.


</P>
</DIV8>


<DIV8 N="§ 250.814" NODE="30:2.0.1.2.3.8.105.12" TYPE="SECTION">
<HEAD>§ 250.814   Design, installation, and operation of SSSVs—dry trees.</HEAD>
<XREF ID="20260610" REFID="31">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>You must design, install, and operate (including repair, maintain, and test) an SSSV to ensure its reliable operation.
</P>
<P>(a) You must install the SSSV at a depth at least 100 feet below the mudline within 2 days after production is established. When warranted by conditions such as permafrost, unstable bottom conditions, hydrate formation, or paraffin problems, the District Manager may approve an alternate setting depth on a case-by-case basis.
</P>
<P>(b) The well must not be open to flow while the SSSV is inoperable, except when flowing the well is necessary for a particular operation such as cutting paraffin or performing other routine operations as defined in § 250.601.
</P>
<P>(c) Until the SSSV is installed, the well must be attended in the immediate vicinity so that any necessary emergency actions can be taken while the well is open to flow. During testing and inspection procedures, the well must not be left unattended while open to production unless you have installed a properly operating SSSV in the well.
</P>
<P>(d) You must design, install, maintain, inspect, repair, and test all SSSVs in accordance with ANSI/API RP 14B (incorporated by reference in § 250.198). For additional SSSV testing requirements, refer to § 250.880.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.815" NODE="30:2.0.1.2.3.8.105.13" TYPE="SECTION">
<HEAD>§ 250.815   Subsurface safety devices in shut-in wells—dry trees.</HEAD>
<P>(a) You must equip all new dry tree completions (perforated but not placed on production) and completions that are shut-in for a period of 6 months with one of the following:
</P>
<P>(1) A pump-through-type tubing plug;
</P>
<P>(2) A surface-controlled SSSV, provided the surface control has been rendered inoperative; or
</P>
<P>(3) An injection valve capable of preventing backflow.
</P>
<P>(b) When warranted by conditions such as permafrost, unstable bottom conditions, hydrate formation, and paraffin problems, the District Manager must approve the setting depth of the subsurface safety device for a shut-in well on a case-by-case basis.


</P>
</DIV8>


<DIV8 N="§ 250.816" NODE="30:2.0.1.2.3.8.105.14" TYPE="SECTION">
<HEAD>§ 250.816   Subsurface safety devices in injection wells—dry trees.</HEAD>
<P>You must install a surface-controlled SSSV or an injection valve capable of preventing backflow in all injection wells. This requirement is not applicable if the District Manager determines that the well is incapable of natural flow. You must verify the no-flow condition of the well annually.


</P>
</DIV8>


<DIV8 N="§ 250.817" NODE="30:2.0.1.2.3.8.105.15" TYPE="SECTION">
<HEAD>§ 250.817   Temporary removal of subsurface safety devices for routine operations.</HEAD>
<P>(a) You may remove a wireline- or pumpdown-retrievable subsurface safety device without further authorization or notice, for a routine operation that does not require BSEE approval of a Form BSEE-0124, Application for Permit to Modify (APM). For a list of these routine operations, see § 250.601. The removal period must not exceed 15 days.
</P>
<P>(b) Prior to removal, you must identify the well by placing a sign on the wellhead stating that the subsurface safety device was removed. You must note the removal of the subsurface safety device in the records required by § 250.890. If the master valve is open, you must ensure that a trained person (see § 250.891) is in the immediate vicinity to attend the well and take any necessary emergency actions.
</P>
<P>(c) You must monitor a platform well when a subsurface safety device has been removed, but a person does not need to remain in the well-bay area continuously if the master valve is closed. If the well is on a satellite structure, it must be attended by a support vessel, or a pump-through plug must be installed in the tubing at least 100 feet below the mudline and the master valve must be closed, unless otherwise approved by the appropriate District Manager.
</P>
<P>(d) You must not allow the well to flow while the subsurface safety device is removed, except when it is necessary for the particular operation for which the SSSV is removed. The provisions of this paragraph are not applicable to the testing and inspection procedures specified in § 250.880.


</P>
</DIV8>


<DIV8 N="§ 250.818" NODE="30:2.0.1.2.3.8.105.16" TYPE="SECTION">
<HEAD>§ 250.818   Additional safety equipment—dry trees.</HEAD>
<P>(a) You must equip all tubing installations that have a wireline- or pumpdown-retrievable subsurface safety device with a landing nipple, with flow couplings or other protective equipment above and below it to provide for the setting of the device.
</P>
<P>(b) The control system for all surface-controlled SSSVs must be an integral part of the platform emergency shutdown system (ESD).
</P>
<P>(c) In addition to the activation of the ESD by manual action on the platform, the system may be activated by a signal from a remote location. Surface-controlled SSSVs must close in response to shut-in signals from the ESD and in response to the fire loop or other fire detection devices.


</P>
</DIV8>


<DIV8 N="§ 250.819" NODE="30:2.0.1.2.3.8.105.17" TYPE="SECTION">
<HEAD>§ 250.819   Specification for surface safety valves (SSVs).</HEAD>
<P>All wellhead SSVs and their actuators must conform to the requirements specified in §§ 250.801 through 250.803.


</P>
</DIV8>


<DIV8 N="§ 250.820" NODE="30:2.0.1.2.3.8.105.18" TYPE="SECTION">
<HEAD>§ 250.820   Use of SSVs.</HEAD>
<XREF ID="20260610" REFID="32">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>You must install, maintain, inspect, repair, and test all SSVs in accordance with API STD 6AV2 (incorporated by reference in § 250.198). If any SSV does not operate properly, or if any gas and/or liquid fluid flow is observed during the leakage test as described in § 250.880, then you must shut-in all sources to the SSV and repair or replace the valve before resuming production.
</P>
<CITA TYPE="N">[83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.821" NODE="30:2.0.1.2.3.8.105.19" TYPE="SECTION">
<HEAD>§ 250.821   Emergency action and safety system shutdown—dry trees.</HEAD>
<P>(a) If your facility is impacted or will potentially be impacted by an emergency situation (e.g., an impending National Weather Service-named tropical storm or hurricane, ice events, or post-earthquake), you must:
</P>
<P>(1) Properly install a subsurface safety device on any well that is not yet equipped with a subsurface safety device and that is capable of natural flow, as soon as possible, with due consideration being given to personnel safety.
</P>
<P>(2) You must shut-in (by closing the SSV and the surface-controlled SSSV) the following types of wells:
</P>
<P>(i) All oil wells, and
</P>
<P>(ii) All gas wells requiring compression.
</P>
<P>(b) Closure of the SSV must not exceed 45 seconds after automatic detection of an abnormal condition or actuation of an ESD. The surface-controlled SSSV must close within 2 minutes after the shut-in signal has closed the SSV. The District Manager must approve any alternative design-delayed closure time of greater than 2 minutes based on the mechanical/production characteristics of the individual well.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§§ 250.822-250.824" NODE="30:2.0.1.2.3.8.105.20" TYPE="SECTION">
<HEAD>§§ 250.822-250.824   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="106" NODE="30:2.0.1.2.3.8.106" TYPE="SUBJGRP">
<HEAD>Subsea and Subsurface Safety Systems—Subsea Trees</HEAD>


<DIV8 N="§ 250.825" NODE="30:2.0.1.2.3.8.106.21" TYPE="SECTION">
<HEAD>§ 250.825   Subsea tree subsurface safety devices—general.</HEAD>
<P>(a) For wells using subsea (wet) trees or for which you intend to install subsea trees, you must equip all tubing installations open to hydrocarbon-bearing zones with subsurface safety devices that will shut off the flow from the well in the event of an emergency. You must also install flow couplings above and below the subsurface safety devices. For instances where the well at issue is incapable of natural flow, you may seek District Manager approval for using alternative procedures or equipment, if you propose to use a subsea safety system that is not capable of shutting off the flow from the well in the event of an emergency. Subsurface safety devices include the following and any associated safety valve lock and landing nipple:
</P>
<P>(1) A surface-controlled SSSV;
</P>
<P>(2) An injection valve;
</P>
<P>(3) A tubing plug; and
</P>
<P>(4) A tubing/annular subsurface safety device.
</P>
<P>(b) After installing the subsea tree, but before the rig or installation vessel leaves the area, you must test all valves and sensors to ensure that they are operating as designed and meet all the conditions specified in this subpart.


</P>
</DIV8>


<DIV8 N="§ 250.826" NODE="30:2.0.1.2.3.8.106.22" TYPE="SECTION">
<HEAD>§ 250.826   Specifications for SSSVs—subsea trees.</HEAD>
<P>All SSSVs, safety valve locks, and landing nipples installed on the OCS must conform to the requirements specified in §§ 250.801 through 250.803 and any Deepwater Operations Plan (DWOP) required by §§ 250.286 through 250.295.


</P>
</DIV8>


<DIV8 N="§ 250.827" NODE="30:2.0.1.2.3.8.106.23" TYPE="SECTION">
<HEAD>§ 250.827   Surface-controlled SSSVs—subsea trees.</HEAD>
<P>You must equip all tubing installations open to a hydrocarbon-bearing zone that is capable of natural flow with a surface-controlled SSSV, except as specified in §§ 250.829 and 250.830. The surface controls must be located on the host facility.


</P>
</DIV8>


<DIV8 N="§ 250.828" NODE="30:2.0.1.2.3.8.106.24" TYPE="SECTION">
<HEAD>§ 250.828   Design, installation, and operation of SSSVs—subsea trees.</HEAD>
<XREF ID="20260610" REFID="33">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>You must design, install, and operate (including repair, maintain, and test) an SSSV to ensure its reliable operation.
</P>
<P>(a) You must install the SSSV at a depth at least 100 feet below the mudline. When warranted by conditions, such as unstable bottom conditions, permafrost, hydrate formation, or paraffin problems, the District Manager may approve an alternate setting depth on a case-by-case basis.
</P>
<P>(b) The well must not be open to flow while an SSSV is inoperable, unless specifically approved by the District Manager in an APM.
</P>
<P>(c) You must design, install, maintain, inspect, repair, and test all SSSVs in accordance with your Deepwater Operations Plan (DWOP) and ANSI/API RP 14B (incorporated by reference in § 250.198). For additional SSSV testing requirements, refer to § 250.880.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.829" NODE="30:2.0.1.2.3.8.106.25" TYPE="SECTION">
<HEAD>§ 250.829   Subsurface safety devices in shut-in wells—subsea trees.</HEAD>
<P>(a) You must equip all new subsea tree completions (perforated but not placed on production) and completions shut-in for a period of 6 months with one of the following:
</P>
<P>(1) A pump-through-type tubing plug;
</P>
<P>(2) An injection valve capable of preventing backflow; or
</P>
<P>(3) A surface-controlled SSSV, provided the surface control has been rendered inoperative. For purposes of this section, a surface-controlled SSSV is considered inoperative if, for a direct hydraulic control system, you have bled the hydraulics from the control line and have isolated it from the hydraulic control pressure. If your controls employ an electro-hydraulic control umbilical and the hydraulic control pressure to the individual well cannot be isolated, a surface-controlled SSSV is considered inoperative if you perform the following:
</P>
<P>(i) Disable the control function of the surface-controlled SSSV within the logic of the programmable logic controller which controls the subsea well;
</P>
<P>(ii) Place a pressure alarm high on the control line to the surface-controlled SSSV of the subsea well; and
</P>
<P>(iii) Close the USV and at least one other tree valve on the subsea well.
</P>
<P>(b) When warranted by conditions, such as unstable bottom conditions, permafrost, hydrate formation, and paraffin problems, the District Manager must approve the setting depth of the subsurface safety device for a shut-in well on a case-by-case basis.


</P>
</DIV8>


<DIV8 N="§ 250.830" NODE="30:2.0.1.2.3.8.106.26" TYPE="SECTION">
<HEAD>§ 250.830   Subsurface safety devices in injection wells—subsea trees.</HEAD>
<P>You must install a surface-controlled SSSV or an injection valve capable of preventing backflow in all injection wells. This requirement is not applicable if the District Manager determines that the well is incapable of natural flow. You must verify the no-flow condition of the well annually.


</P>
</DIV8>


<DIV8 N="§ 250.831" NODE="30:2.0.1.2.3.8.106.27" TYPE="SECTION">
<HEAD>§ 250.831   Alteration or disconnection of subsea pipeline or umbilical.</HEAD>
<P>If a necessary alteration or disconnection of the pipeline or umbilical of any subsea well would affect your ability to monitor casing pressure or to test any subsea valves or equipment, you must contact the appropriate District Office at least 48 hours in advance and submit a repair or replacement plan to conduct the required monitoring and testing. You must not alter or disconnect until the repair or replacement plan is approved.


</P>
</DIV8>


<DIV8 N="§ 250.832" NODE="30:2.0.1.2.3.8.106.28" TYPE="SECTION">
<HEAD>§ 250.832   Additional safety equipment—subsea trees.</HEAD>
<P>(a) You must equip all tubing installations that have a wireline- or pump down-retrievable subsurface safety device installed after May 31, 1988, with a landing nipple, with flow couplings, or other protective equipment above and below it to provide for the setting of the device.
</P>
<P>(b) The control system for all surface-controlled SSSVs must be an integral part of the platform ESD.
</P>
<P>(c) In addition to the activation of the ESD by manual action on the platform, the system may be activated by a signal from a remote location.


</P>
</DIV8>


<DIV8 N="§ 250.833" NODE="30:2.0.1.2.3.8.106.29" TYPE="SECTION">
<HEAD>§ 250.833   Specification for underwater safety valves (USVs).</HEAD>
<XREF ID="20260610" REFID="34">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>All USVs, including those designated as primary or secondary, and any alternate isolation valve (AIV) that acts as a USV, if applicable, and their actuators, must conform to the requirements specified in §§ 250.801 through 250.803. A production master or wing valve may qualify as a USV under ANSI/API Spec. 6A and API Spec. 6AV1 (both incorporated by reference in § 250.198).
</P>
<P>(a) Primary USV (USV1). You must install and designate one USV on a subsea tree as the USV1. The USV1 must be located upstream of the choke valve. As provided in paragraph (b) of this section, you must inform BSEE if the primary USV designation changes.
</P>
<P>(b) Secondary USV (USV2). You may equip your tree with two or more valves qualified to be designated as a USV, one of which may be designated as the USV2. If the USV1 fails to operate properly or exhibits a leakage rate greater than allowed in § 250.880, you must notify the appropriate District Office and designate the USV2 or another qualified valve (e.g., an AIV) that meets all the requirements of this subpart for USVs as the USV1. The USV2 must be located upstream of the choke.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.834" NODE="30:2.0.1.2.3.8.106.30" TYPE="SECTION">
<HEAD>§ 250.834   Use of USVs.</HEAD>
<XREF ID="20260610" REFID="35">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>You must install, maintain, inspect, repair, and test any valve designated as the primary USV in accordance with this subpart, your DWOP (as specified in §§ 250.286 through 250.295), and API STD 6AV2 (incorporated by reference in § 250.198). For additional USV testing requirements, refer to § 250.880.
</P>
<CITA TYPE="N">[83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.835" NODE="30:2.0.1.2.3.8.106.31" TYPE="SECTION">
<HEAD>§ 250.835   Specification for all boarding shutdown valves (BSDVs) associated with subsea systems.</HEAD>
<P>You must install a BSDV on the pipeline boarding riser. All new BSDVs and any BSDVs removed from service for remanufacturing or repair and their actuators installed on the OCS must meet the requirements specified in §§ 250.801 through 250.803. In addition, you must:
</P>
<P>(a) Ensure that the internal design pressure(s) of the pipeline(s), riser(s), and BSDV(s) is fully rated for the maximum pressure of any input source and complies with the design requirements set forth in subpart J, unless BSEE approves an alternate design.
</P>
<P>(b) Use a BSDV that is fire rated for 30 minutes, and is pressure rated for the maximum allowable operating pressure (MAOP) approved in your pipeline application.
</P>
<P>(c) Locate the BSDV within 10 feet of the first point of access to the boarding pipeline riser (<I>i.e.,</I> within 10 feet of the edge of platform if the BSDV is horizontal, or within 10 feet above the first accessible working deck, excluding the boat landing and above the splash zone, if the BSDV is vertical).
</P>
<P>(d) Install a temperature safety element (TSE) and locate it within 5 feet of each BSDV.




</P>
</DIV8>


<DIV8 N="§ 250.836" NODE="30:2.0.1.2.3.8.106.32" TYPE="SECTION">
<HEAD>§ 250.836   Use of BSDVs.</HEAD>
<XREF ID="20260610" REFID="36">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>You must install, inspect, maintain, repair, and test all new BSDVs, as well as all BSDVs that you remove from service for remanufacturing or repair, in accordance with API STD 6AV2 (incorporated by reference in § 250.198) for SSVs. If any BSDV does not operate properly or if any gas fluid and/or liquid fluid flow is observed during the leakage test, as described in § 250.880, you must shut-in all sources to the BSDV and immediately repair or replace the valve.
</P>
<CITA TYPE="N">[83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.837" NODE="30:2.0.1.2.3.8.106.33" TYPE="SECTION">
<HEAD>§ 250.837   Emergency action and safety system shutdown—subsea trees.</HEAD>
<P>(a) If your facility is impacted or will potentially be impacted by an emergency situation (e.g., an impending National Weather Service-named tropical storm or hurricane, ice events, or post-earthquake), you must shut-in all subsea wells unless otherwise approved by the District Manager. A shut-in is defined as a closed BSDV, USV, GLSDV, and surface-controlled SSSV.
</P>
<P>(b) When operating a mobile offshore drilling unit (MODU) or other type of workover or intervention vessel in an area with subsea infrastructure, you must:
</P>
<P>(1) Suspend production from all wells that could be affected by a dropped object, including upstream wells that flow through the same pipeline; or
</P>
<P>(2) Establish direct, real-time communications between the MODU or other type of workover or intervention vessel and the production facility control room and develop a dropped objects plan, as required in § 250.714. If an object is dropped, you must immediately secure the well directly under the MODU or other type of workover or intervention vessel while simultaneously communicating with the platform to shut-in all affected wells. You must also maintain without disruption, and continuously verify, communication between the production facility and the MODU or other type of workover or intervention vessel. If communication is lost between the MODU or other type of workover or intervention vessel and the platform for 20 or more minutes, you must shut-in all wells that could be affected by a dropped object.
</P>
<P>(c) In the event of an emergency, you must operate your production system according to the valve closure times in the applicable tables in §§ 250.838 and 250.839 for the following conditions:
</P>
<P>(1) <I>Process upset.</I> In the event an upset in the production process train occurs downstream of the BSDV, you must close the BSDV in accordance with the applicable tables in §§ 250.838 and 250.839. You may reopen the BSDV to blow down the pipeline to prevent hydrates, provided you have secured the well(s) and ensured adequate protection.
</P>
<P>(2) <I>Pipeline pressure safety high and low (PSHL) sensor.</I> In the event that either a high or a low pressure condition is detected by a PSHL sensor located upstream of the BSDV, you must secure the affected well and pipeline, and all wells and pipelines associated with a dual or multi pipeline system, by closing the BSDVs, USVs, and surface-controlled SSSVs in accordance with the applicable tables in §§ 250.838 and 250.839. You must obtain approval from the appropriate District Manager to resume production in the unaffected pipeline(s) of a dual or multi pipeline system. If the PSHL sensor activation was a false alarm, you may return the wells to production without contacting the appropriate District Manager.
</P>
<P>(3) <I>ESD/TSE (platform).</I> In the event of an ESD activation that is initiated because of a platform ESD or platform TSE not associated with the BSDV, you must close the BSDV, USV, and surface-controlled SSSV in accordance with the applicable tables in<E T="03"/> §§ 250.838 and 250.839.
</P>
<P>(4) <I>Subsea ESD (platform) or BSDV TSE.</I> In the event of an emergency shutdown activation that is initiated by the host platform due to an abnormal condition subsea, or a TSE associated with the BSDV, you must close the BSDV, USV, and surface-controlled SSSV in accordance with the applicable tables in §§ 250.838 and 250.839.
</P>
<P>(5) <I>Subsea ESD (MODU).</I> In the event of an ESD activation that is initiated by a dropped object from a MODU or other type of workover or intervention vessel, you must secure all wells in the proximity of the MODU or other type of workover or intervention vessel by closing the USVs and surface-controlled SSSVs in accordance with the applicable tables in §§ 250.838 and 250.839. You must notify the appropriate District Manager before resuming production.
</P>
<P>(d) Following an ESD or fire, you must bleed your low pressure (LP) and high pressure (HP) hydraulic systems in accordance with the applicable tables in §§ 250.838 and 250.839 to ensure that the valves are locked out of service and cannot be reopened inadvertently.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.838" NODE="30:2.0.1.2.3.8.106.34" TYPE="SECTION">
<HEAD>§ 250.838   What are the maximum allowable valve closure times and hydraulic bleeding requirements for an electro-hydraulic control system?</HEAD>
<P>(a) If you have an electro-hydraulic control system, you must:
</P>
<P>(1) Design the subsea control system to meet the valve closure times listed in paragraphs (b) and (d) of this section or your approved DWOP; and
</P>
<P>(2) Verify the valve closure times upon installation. The District Manager may require you to verify the closure time of the USV(s) through visual authentication by diver or ROV.
</P>
<P>(b) You must comply with the maximum allowable valve closure times and hydraulic system bleeding requirements listed in the following table or your approved DWOP as long as communication is maintained with the platform or with the MODU or other type of workover vessel:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Valve Closure Timing, Electro-Hydraulic Control System
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have the following. . .
</TH><TH class="gpotbl_colhed" scope="col">Your pipeline BSDV must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your USV1 must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your USV2 must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your alternate isolation valve must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your surface-controlled SSSV must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your LP
<br/>hydraulic
<br/>system must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your HP
<br/>hydraulic
<br/>system must. . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Process upset</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">[no requirements].</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell">[no requirements].
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Pipeline PSHL</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">Close one or more valves within 2 minutes and 45 seconds after sensor activation. Close the designated USV1 within 20 minutes after sensor activation.</TD><TD align="left" class="gpotbl_cell">Close within 60 minutes after sensor activation. If you use a 60-minute manual resettable timer, you may continue to reset the time for closure up to a maximum of 24 hours total</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed within 24 hours after sensor activation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) ESD/TSE (Platform)</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell">Close within 5 minutes after ESD or sensor activation. If you use a 5-minute resettable timer, you may continue to reset the time for closure up to a maximum of 20 minutes total</TD><TD align="left" class="gpotbl_cell" colspan="2">Close within 20 minutes after ESD or sensor activation.</TD><TD align="left" class="gpotbl_cell">Close within 20 minutes after ESD or sensor activation. If you use a 20-minute manual resettable timer, you may continue to reset the time for closure up to a maximum of 60 minutes total</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed within 60 minutes after ESD or sensor activation. If you use a 60-minute manual resettable timer you must initiate unrestricted bleed within 24 hours</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed within 60 minutes after ESD or sensor activation. If you use a 60-minute manual resettable timer you must initiate unrestricted bleed within 24 hours.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Subsea ESD (Platform) or BSDV TSE</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">Close one or more valves within 2 minutes and 45 seconds after ESD or sensor activation. Close all tree valves within 10 minutes after ESD or sensor activation.</TD><TD align="left" class="gpotbl_cell">Close within 10 minutes after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed within 60 minutes after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed within 60 minutes after ESD or sensor activation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Subsea ESD (MODU or other type of workover vessel, Dropped object)</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell" colspan="4">Initiate valve closure immediately. You may allow for closure of the tree valves immediately prior to closure of the surface-controlled SSSV if desired.</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed immediately</TD><TD align="left" class="gpotbl_cell">Initiate
<br/>unrestricted bleed within 10 minutes after ESD activation.</TD></TR></TABLE></DIV></DIV>
<P>(c) If you have an electro-hydraulic control system and experience a loss of communications (EH Loss of Comms), you must comply with the following:
</P>
<P>(1) If you can meet the EH Loss of Comms valve closure timing conditions specified in the table in paragraph (d) of this section, you must notify the appropriate District Office within 12 hours of detecting the loss of communication.
</P>
<P>(2) If you cannot meet the EH Loss of Comms valve closure timing conditions specified in the table in paragraph (d) of this section, you must notify the appropriate District Office immediately after detecting the loss of communication. You must shut-in production by initiating a bleed of the low pressure (LP) hydraulic system or the high pressure (HP) hydraulic system within 120 minutes after loss of communication. You must bleed the other hydraulic system within 180 minutes after loss of communication.
</P>
<P>(3) You must obtain approval from the appropriate District Manager before continuing to produce after loss of communication when you cannot meet the EH Loss of Comms valve closure times specified in the table in paragraph (d) of this section. In your request, include an alternate valve closure timing table that your system is able to achieve. The appropriate District Manager may also approve an alternate hydraulic bleed schedule to allow for hydrate mitigation and orderly shut-in.
</P>
<P>(d) If you experience a loss of communications, you must comply with the maximum allowable valve closure times and hydraulic system bleeding requirements listed in the following table or your approved DWOP:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Valve Closure Timing, Electro-Hydraulic Control System With Loss of Communication
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have the following. . .
</TH><TH class="gpotbl_colhed" scope="col">Your pipeline
<br/>BSDV must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your USV1 must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your USV2 must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your alternate isolation valve must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your surface-controlled SSSV must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your LP
<br/>hydraulic
<br/>system must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your HP
<br/>hydraulic
<br/>system must. . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Process upset</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">[no requirements].</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell">[no requirements].
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Pipeline PSHL</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">Initiate closure when LP hydraulic system is bled (close valves within 5 minutes after sensor activation).</TD><TD align="left" class="gpotbl_cell">Initiate closure when HP hydraulic system is bled (close within 24 hours after sensor activation)</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed immediately, concurrent with sensor activation</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed within 24 hours after sensor activation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) ESD/TSE (Platform)</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">Initiate closure when LP hydraulic system is bled (close valves within 20 minutes after ESD or sensor activation).</TD><TD align="left" class="gpotbl_cell">Initiate closure when HP hydraulic system is bled (close within 60 minutes after ESD or sensor activation)</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed concurrent with BSDV closure (bleed within 20 minutes after ESD or sensor activation)</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed within 60 minutes after ESD or sensor activation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Subsea ESD (Platform) or BSDV TSE</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">Initiate closure when LP hydraulic system is bled (close valves within 5 minutes after ESD or sensor activation).</TD><TD align="left" class="gpotbl_cell">Initiate closure when HP hydraulic system is bled (close within 20 minutes after ESD or sensor activation)</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed immediately</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed immediately, allowing for surface-controlled SSSV closure.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Subsea ESD (MODU or other type of workover vessel), Dropped object</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell" colspan="4">Initiate closure immediately. You may allow for closure of the tree valves immediately prior to closure of the surface-controlled SSSV if desired.</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed immediately</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed immediately.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.839" NODE="30:2.0.1.2.3.8.106.35" TYPE="SECTION">
<HEAD>§ 250.839   What are the maximum allowable valve closure times and hydraulic bleeding requirements for a direct-hydraulic control system?</HEAD>
<P>(a) If you have a direct-hydraulic control system, you must:
</P>
<P>(1) Design the subsea control system to meet the valve closure times listed in this section or your approved DWOP; and
</P>
<P>(2) Verify the valve closure times upon installation. The District Manager may require you to verify the closure time of the USV(s) through visual authentication by diver or ROV.
</P>
<P>(b) You must comply with the maximum allowable valve closure times and hydraulic system bleeding requirements listed in the following table or your approved DWOP:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Valve Closure Timing, Direct-Hydraulic Control System
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have the following. . .
</TH><TH class="gpotbl_colhed" scope="col">Your pipeline
<br/>BSDV must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your USV1 must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your USV2 must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your alternate isolation valve must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your surface-controlled SSSV must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your LP
<br/>hydraulic
<br/>system must. . .
</TH><TH class="gpotbl_colhed" scope="col">Your HP
<br/>hydraulic
<br/>system must. . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Process upset</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">[no requirements].</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell">[no requirements].
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Flowline PSHL</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">Close one or more valves within 2 minutes and 45 seconds after sensor activation. Close the designated USV1 within 20 minutes after sensor activation.</TD><TD align="left" class="gpotbl_cell">Close within 24 hours after sensor activation</TD><TD align="left" class="gpotbl_cell">Complete bleed of USV1, USV2, and the AIV within 20 minutes after sensor activation</TD><TD align="left" class="gpotbl_cell">Complete bleed within 24 hours after sensor activation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) ESD/TSE (Platform)</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">Close all valves within 20 minutes after ESD or sensor activation.</TD><TD align="left" class="gpotbl_cell">Close within 60 minutes after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell">Complete bleed of USV1, USV2, and the AIV within 20 minutes after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell">Complete bleed within 60 minutes after ESD or sensor activation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Subsea ESD (Platform) or BSDV TSE</TD><TD align="left" class="gpotbl_cell">Close within 45 seconds after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell" colspan="3">Close one or more valves within 2 minutes and 45 seconds after ESD or sensor activation. Close all tree valves within 10 minutes after ESD or sensor activation.</TD><TD align="left" class="gpotbl_cell">Close within 10 minutes after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell">Complete bleed of USV1, USV2, and the AIV within 10 minutes after ESD or sensor activation</TD><TD align="left" class="gpotbl_cell">Complete bleed within 10 minutes after ESD or sensor activation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Subsea ESD (MODU or other type of workover vessel), Dropped object</TD><TD align="left" class="gpotbl_cell">[no requirements]</TD><TD align="left" class="gpotbl_cell" colspan="4">Initiate closure immediately. If desired, you may allow for closure of the tree valves immediately prior to closure of the surface-controlled SSSV.</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed immediately</TD><TD align="left" class="gpotbl_cell">Initiate unrestricted bleed immediately.</TD></TR></TABLE></DIV></DIV>
</DIV8>

</DIV7>


<DIV7 N="107" NODE="30:2.0.1.2.3.8.107" TYPE="SUBJGRP">
<HEAD>PRODUCTION SAFETY SYSTEMS</HEAD>


<DIV8 N="§ 250.840" NODE="30:2.0.1.2.3.8.107.36" TYPE="SECTION">
<HEAD>§ 250.840   Design, installation, and maintenance—general.</HEAD>
<P>You must design, install, and maintain all production facilities and equipment including, but not limited to, separators, treaters, pumps, heat exchangers, fired components, wellhead injection lines, compressors, headers, and flowlines in a manner that is efficient, safe, and protects the environment.


</P>
</DIV8>


<DIV8 N="§ 250.841" NODE="30:2.0.1.2.3.8.107.37" TYPE="SECTION">
<HEAD>§ 250.841   Platforms.</HEAD>
<XREF ID="20260610" REFID="37">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>(a) You must protect all platform production facilities with a basic and ancillary surface safety system designed, analyzed, installed, tested, and maintained in operating condition in accordance with the provisions of API RP 14C (incorporated by reference as specified in § 250.198). If you use processing components other than those for which Safety Analysis Checklists are included in API RP 14C, you must utilize the analysis technique and documentation specified in API RP 14C to determine the effects and requirements of these components on the safety system. Safety device requirements for pipelines are contained in § 250.1004.
</P>
<P>(b) You must design, install, inspect, repair, test, and maintain in operating condition all platform production process piping in accordance with API RP 14E and API 570 (both incorporated by reference as specified in § 250.198). The District Manager may approve temporary repairs to facility piping on a case-by-case basis for a period not to exceed 30 days.
</P>
<P>(c) If you plan to make a modification to any production safety system that also involves a major modification to the platform structure, you must follow the requirements in § 250.900(b)(2). A major modification to a platform structure is defined in § 250.900(b)(2).
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49257, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.842" NODE="30:2.0.1.2.3.8.107.38" TYPE="SECTION">
<HEAD>§ 250.842   Approval of safety systems design and installation features.</HEAD>
<XREF ID="20260610" REFID="38">Link to an amendment published at 91 FR 35353, June 10, 2026.</XREF>
<P>(a) Before you install or modify a production safety system, you must submit a production safety system application to the District Manager. The District Manager must approve your production safety system application before you commence production through or otherwise use the new or modified system. The application must include the design documentation prescribed as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must submit:
</TH><TH class="gpotbl_colhed" scope="col">Details and/or additional requirements:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Safety analysis flow diagram (API RP 14C, Annex B) and Safety Analysis Function Evaluation (SAFE) chart (API RP 14C, section 6.3.3) (incorporated by reference in § 250.198)</TD><TD align="left" class="gpotbl_cell">Your safety analysis flow diagram must show the following:
<br/>(i) Well shut-in tubing pressure;
<br/>(ii) Pressure relieving device set points;
<br/>(iii) Size, capacity, and design working pressures of separators, flare scrubbers, heat exchangers, treaters, storage tanks, compressors, and metering devices;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Size, capacity, design working pressures, and maximum discharge pressure of hydrocarbon-handling pumps;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) Size, capacity, and design working pressures of hydrocarbon-handling vessels, and chemical injection systems handling a material having a flash point below 100 degrees Fahrenheit for a Class I flammable liquid as described in API RP 500 and API RP 505 (both incorporated by reference in § 250.198); and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(vi) Piping sizes and maximum allowable working pressures as determined in accordance with API RP 14E (incorporated by reference in § 250.198), including the locations of piping specification breaks.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Electrical one-line diagram;</TD><TD align="left" class="gpotbl_cell">Showing elements including generators, circuit breakers, transformers, bus bars, conductors, automatic transfer switches, uninterruptable power supply (UPS) and associated battery banks, dynamic (motor) loads, and static loads (e.g., electrostatic treater grid, lighting panels). You must also include a functional legend.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Area classification diagram;</TD><TD align="left" class="gpotbl_cell">A plan for each platform deck and outlining all classified areas. You must classify areas according to API RP 500 or API RP 505 (both incorporated by reference in § 250.198). The plan must contain:
<br/>(i) All major production equipment, wells, and other significant hydrocarbon and class 1 flammable sources, and a description of the type of decking, ceiling, walls (e.g., grating or solid), and firewalls; and
<br/>(ii) The location of generators and any buildings (e.g., control rooms and motor control center (MCC) buildings) or major structures on the platform.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) A piping and instrumentation diagram, for new facilities;</TD><TD align="left" class="gpotbl_cell">A detailed flow diagram which shows the piping and vessels in the process flow, together with the instrumentation and control devices.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) The service fee listed in § 250.125;</TD><TD align="left" class="gpotbl_cell">The fee you must pay will be determined by the number of components involved in the review and approval process.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must develop and maintain the following design documents and make them available to BSEE upon request:

</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Diagram:
</TH><TH class="gpotbl_colhed" scope="col">Details and/or additional requirements:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Additional electrical system information;</TD><TD align="left" class="gpotbl_cell">(i) Cable tray/conduit routing plan that identifies the primary wiring method (e.g., type cable, cable schedule, conduit, wire); and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Panel board/junction box location plan, if this information is not shown on the area classification diagram required in paragraph (a)(3) of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Schematics of the fire and gas-detection systems;</TD><TD align="left" class="gpotbl_cell">Showing a functional block diagram of the detection system, including the electrical power supply and also including the type, location, and number of detection sensors; the type and kind of alarms, including emergency equipment to be activated; and the method used for detection.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Revised piping and instrumentation diagram for existing facilities;</TD><TD align="left" class="gpotbl_cell">A detailed flow diagram which shows the piping and vessels in the process flow, together with the instrumentation and control devices.</TD></TR></TABLE></DIV></DIV>
<P>(c) In the production safety system application, you must also certify the following:
</P>
<P>(1) That all electrical systems were designed according to API RP 14F or API RP 14FZ, as applicable (incorporated by reference in § 250.198);
</P>
<P>(2) That the design documents for the mechanical and electrical systems that you are required to submit under paragraph (a) of this section are sealed by a licensed professional engineer. For modified systems, only the modifications are required to be sealed by a licensed professional engineer(s). The professional engineer must be licensed in a State or Territory of the United States and have sufficient expertise and experience to perform the duties; and
</P>
<P>(3) That a hazards analysis was performed in accordance with § 250.1911 and API RP 14J (incorporated by reference in § 250.198), and that you have a hazards analysis program in place to assess potential hazards during the operation of the facility.
</P>
<P>(d) Within 90 days after placing new or modified production safety systems in service, you must submit to the District Manager the as-built diagrams for the new or modified production safety systems outlined in paragraphs (a)(1), (2), and (3) of this section. You must certify in an accompanying letter that the as-built design documents have been reviewed for compliance with applicable regulations and accurately represent the new or modified system as installed. The drawings must be clearly marked “as-built.”
</P>
<P>(e) You must maintain approved and supporting design documents required under paragraphs (a) and (b) of this section at your offshore field office nearest the OCS facility or at other locations conveniently available to the District Manager. These documents must be made available to BSEE upon request and must be retained for the life of the facility. All approved designs are subject to field verifications.
</P>
<CITA TYPE="N">[84 FR 24705, May 29, 2019]


</CITA>
</DIV8>


<DIV8 N="§§ 250.843-250.849" NODE="30:2.0.1.2.3.8.107.39" TYPE="SECTION">
<HEAD>§§ 250.843-250.849   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="108" NODE="30:2.0.1.2.3.8.108" TYPE="SUBJGRP">
<HEAD>Additional Production System Requirements</HEAD>


<DIV8 N="§ 250.850" NODE="30:2.0.1.2.3.8.108.40" TYPE="SECTION">
<HEAD>§ 250.850   Production system requirements—general.</HEAD>
<XREF ID="20260610" REFID="39">Link to an amendment published at 91 FR 35354, June 10, 2026.</XREF>
<P>You must comply with the production safety system requirements in §§ 250.851 through 250.872, in addition to the practices contained in API RP 14C (incorporated by reference as specified in § 250.198).


</P>
</DIV8>


<DIV8 N="§ 250.851" NODE="30:2.0.1.2.3.8.108.41" TYPE="SECTION">
<HEAD>§ 250.851   Pressure vessels (including heat exchangers) and fired vessels.</HEAD>
<XREF ID="20260610" REFID="40">Link to an amendment published at 91 FR 35354, June 10, 2026.</XREF>
<P>(a) Pressure vessels (including heat exchangers) and fired vessels supporting production operations must meet the requirements in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Item name
</TH><TH class="gpotbl_colhed" scope="col">Applicable codes and requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Pressure and fired vessels</TD><TD align="left" class="gpotbl_cell">(i) Must be designed, fabricated, and code stamped according to applicable provisions of sections I, IV, and VIII of the ANSI/ASME Boiler and Pressure Vessel Code (incorporated by reference as specified in § 250.198).
<br/>(ii) Must be repaired, maintained, and inspected in accordance with API 510 (incorporated by reference as specified in § 250.198).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Existing uncoded pressure and fired vessels:
</TD><TD align="left" class="gpotbl_cell">Must be justified and approval obtained from the District Manager for their continued use.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(i) With an operating pressure greater than 15 psig; and
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) That are not code stamped in accordance with the ASME Boiler and Pressure Vessel Code
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Pressure relief valves</TD><TD align="left" class="gpotbl_cell">(i) Must be designed and installed according to applicable provisions of sections I, IV, and VIII of the ASME Boiler and Pressure Vessel Code (incorporated by reference as specified in § 250.198).
<br/>(ii) Must conform to the valve sizing and pressure-relieving requirements specified in these documents, but must be set no higher than the maximum-allowable working pressure of the vessel (except for cases where staggered set pressures are required for configurations using multiple relief valves or redundant valves installed and designated for operator use only).
<br/>(iii) Vents must be positioned in such a way as to prevent fluid from striking personnel or ignition sources.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Steam generators operating at less than 15 psig</TD><TD align="left" class="gpotbl_cell">Must be equipped with a level safety low (LSL) sensor which will shut off the fuel supply when the water level drops below the minimum safe level.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Steam generators operating at 15 psig or greater</TD><TD align="left" class="gpotbl_cell">(i) Must be equipped with a level safety low (LSL) sensor which will shut off the fuel supply when the water level drops below the minimum safe level.
<br/>(ii) Must be equipped with a water-feeding device that will automatically control the water level except when closed loop systems are used for steam generation.</TD></TR></TABLE></DIV></DIV>
<P>(b) <I>Operating pressure ranges.</I> You must use pressure recording devices to establish the new operating pressure ranges of pressure vessels at any time that the normalized system pressure changes by 50 psig or 5 percent. Once system pressure has stabilized, pressure recording devices must be utilized to establish the new operating pressure ranges. The pressure recording devices must document the pressure range over time intervals that are no less than 4 hours and no more than 30 days long. You must maintain the pressure recording information you used to determine current operating pressure ranges at your field office nearest the OCS facility or at another location conveniently available to the District Manager for as long as the information is valid.
</P>
<P>(c) Pressure shut-in sensors must be set according to the following table (initial set points for pressure sensors must be set utilizing gauge readings and engineering design):
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of sensor
</TH><TH class="gpotbl_colhed" scope="col">Settings
</TH><TH class="gpotbl_colhed" scope="col">Additional requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) High pressure shut-in sensor,</TD><TD align="left" class="gpotbl_cell">Must be set no higher than 15 percent or 5 psi (whichever is greater) above the highest operating pressure of the vessel</TD><TD align="left" class="gpotbl_cell">Must also be set sufficiently below (5 percent or 5 psi, whichever is greater) the relief valve's set pressure to assure that the pressure source is shut-in before the relief valve activates.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Low pressure shut-in sensor,</TD><TD align="left" class="gpotbl_cell">Must be set no lower than 15 percent or 5 psi (whichever is greater) below the lowest pressure in the operating range</TD><TD align="left" class="gpotbl_cell">You must receive specific approval from the District Manager for activation limits on pressure vessels that have a pressure safety low (PSL) sensor set less than 5 psi.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 84 FR 24706, May 29, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.852" NODE="30:2.0.1.2.3.8.108.42" TYPE="SECTION">
<HEAD>§ 250.852   Flowlines/Headers.</HEAD>
<XREF ID="20260610" REFID="41">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>(a) You must:
</P>
<P>(1) Equip flowlines from wells with both PSH and PSL sensors. You must locate these sensors in accordance with section A.1 of API RP 14C (incorporated by reference as specified in § 250.198).
</P>
<P>(2) Use pressure recording devices to establish the new operating pressure ranges of flowlines at any time when the normalized system pressure changes by 50 psig or 5 percent, whichever is higher. The pressure recording devices must document the pressure range over time intervals that are no less than 4 hours and no more than 30 days long.
</P>
<P>(3) Maintain the most recent pressure recording information you used to determine operating pressure ranges at your field office nearest the OCS facility or at another location conveniently available to the District Manager for as long as the information is valid.
</P>
<P>(b) Flowline shut-in sensors must meet the requirements in the following table (initial set points for pressure sensors must be set using gauge readings and engineering design):
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of flowline sensor
</TH><TH class="gpotbl_colhed" scope="col">Settings
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) PSH sensor,</TD><TD align="left" class="gpotbl_cell">Must be set no higher than 15 percent or 5 psi (whichever is greater) above the highest operating pressure of the flowline. In all cases, the PSH must be set sufficiently below the maximum shut-in wellhead pressure or the gas-lift supply pressure to ensure actuation of the SSV. Do not set the PSH sensor above the maximum allowable working pressure of the flowline.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) PSL sensor,</TD><TD align="left" class="gpotbl_cell">Must be set no lower than 15 percent or 5 psi (whichever is greater) below the lowest operating pressure of the flowline in which it is installed.</TD></TR></TABLE></DIV></DIV>
<P>(c) If a well flows directly to a pipeline before separation, the flowline and valves from the well located upstream of and including the header inlet valve(s) must have a working pressure equal to or greater than the maximum shut-in pressure of the well unless the flowline is protected by one of the following:
</P>
<P>(1) A relief valve which vents into the platform flare scrubber or some other location approved by the District Manager. You must design the platform flare scrubber to handle, without liquid-hydrocarbon carryover to the flare, the maximum-anticipated flow of hydrocarbons that may be relieved to the vessel; or
</P>
<P>(2) Two SSVs with independent PSH sensors connected to separate relays and sensing points and installed with adequate volume upstream of any block valve to allow sufficient time for the SSVs to close before exceeding the maximum allowable working pressure. Each independent PSH sensor must close both SSVs along with any associated flowline PSL sensor. If the maximum shut-in pressure of a dry tree satellite well(s) is greater than 1
<FR>1/2</FR> times the maximum allowable pressure of the pipeline, a pressure safety valve (PSV) of sufficient size and relief capacity to protect against any SSV leakage or fluid hammer effect may be required by the District Manager. The PSV must be installed upstream of the host platform boarding valve and vent into the platform flare scrubber or some other location approved by the District Manager.
</P>
<P>(d) If a well flows directly to the pipeline from a header without prior separation, the header, the header inlet valves, and pipeline isolation valve must have a working pressure equal to or greater than the maximum shut-in pressure of the well unless the header is protected by the safety devices as outlined in paragraph (c) of this section.
</P>
<P>(e) If you are installing flowlines constructed of unbonded flexible pipe on a floating platform, you must:
</P>
<P>(1) Review the manufacturer's Design Methodology Verification Report and the independent verification agent's (IVA) certificate for the design methodology contained in that report to ensure that the manufacturer has complied with the requirements of ANSI/API Spec. 17J (incorporated by reference in § 250.198);
</P>
<P>(2) Determine that the unbonded flexible pipe is suitable for its intended purpose;
</P>
<P>(3) Submit to the District Manager the manufacturer's design specifications for the unbonded flexible pipe; and
</P>
<P>(4) Submit to the District Manager a statement certifying that the pipe is suitable for its intended use and that the manufacturer has complied with the IVA requirements of ANSI/API Spec. 17J (incorporated by reference in § 250.198).
</P>
<P>(f) Automatic pressure or flow regulating choking devices must not prevent the normal functionality of the process safety system that includes, but is not limited to, the flowline pressure safety devices and the SSV.
</P>
<P>(g) You may install a single flow safety valve (FSV) on the platform to protect multiple subsea pipelines or wells that tie into a single pipeline riser provided that you install an FSV for each riser on the platform and test it in accordance with the criteria prescribed in § 250.880(c)(2)(v).
</P>
<P>(h) You may install a single PSHL sensor on the platform to protect multiple subsea pipelines that tie into a single pipeline riser provided that you install a PSHL sensor for each riser on the platform and locate it upstream of the BSDV.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49259, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.853" NODE="30:2.0.1.2.3.8.108.43" TYPE="SECTION">
<HEAD>§ 250.853   Safety sensors.</HEAD>
<P>You must ensure that:
</P>
<P>(a) All shutdown devices, valves, and pressure sensors function in a manual reset mode;
</P>
<P>(b) Sensors with integral automatic reset are equipped with an appropriate device to override the automatic reset mode; 
</P>
<P>(c) All pressure sensors are equipped to permit testing with an external pressure source; and
</P>
<P>(d) All level sensors are equipped to permit testing through an external bridle on all new vessel installations where possible, depending on the type of vessel for which the level sensor is used.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49259, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.854" NODE="30:2.0.1.2.3.8.108.44" TYPE="SECTION">
<HEAD>§ 250.854   Floating production units equipped with turrets and turret-mounted systems.</HEAD>
<P>(a) For floating production units equipped with an auto slew system, you must integrate the auto slew control system with your process safety system allowing for automatic shut-in of the production process, including the sources (subsea wells, subsea pumps, <I>etc.</I>) and releasing of the buoy. Your safety system must immediately initiate a process system shut-in according to §§ 250.838 and 250.839 and release the buoy to prevent hydrocarbon discharge and damage to the subsea infrastructure when the following are encountered:
</P>
<P>(1) Your buoy is clamped,
</P>
<P>(2) Your auto slew mode is activated, and
</P>
<P>(3) You encounter a ship heading/position failure or an exceedance of the rotational tolerances of the clamped buoy.
</P>
<P>(b) For floating production units equipped with swivel stack arrangements, you must equip the portion of the swivel stack containing hydrocarbons with a leak detection system. Your leak detection system must be tied into your production process surface safety system allowing for automatic shut-in of the system. Upon seal system failure and detection of a hydrocarbon leak, your surface safety system must immediately initiate a process system shut-in according to §§ 250.838 and 250.839.


</P>
</DIV8>


<DIV8 N="§ 250.855" NODE="30:2.0.1.2.3.8.108.45" TYPE="SECTION">
<HEAD>§ 250.855   Emergency shutdown (ESD) system.</HEAD>
<XREF ID="20260610" REFID="42">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>The ESD system must conform to the requirements of Appendix C, section C1, of API RP 14C (incorporated by reference as specified in § 250.198), and the following:
</P>
<P>(a) The manually operated ESD valve(s) must be quick-opening and non-restricted to enable the rapid actuation of the shutdown system. Electronic ESD stations must be wired as de-energize to trip circuits or as supervised circuits. Because of the key role of the ESD system in the platform safety system, all ESD components must be of high quality and corrosion resistant and stations must be uniquely identified. Only ESD stations at the boat landing may utilize a loop of breakable synthetic tubing in lieu of a valve or electric switch. This breakable loop is not required to be physically located on the boat landing, but must be accessible from a vessel adjacent to or attached to the facility.
</P>
<P>(b) You must maintain a schematic of the ESD that indicates the control functions of all safety devices for the platforms on the platform, at your field office nearest the OCS facility, or at another location conveniently available to the District Manager, for the life of the facility.


</P>
</DIV8>


<DIV8 N="§ 250.856" NODE="30:2.0.1.2.3.8.108.46" TYPE="SECTION">
<HEAD>§ 250.856   Engines.</HEAD>
<XREF ID="20260610" REFID="43">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>(a) <I>Engine exhaust.</I> You must equip all engine exhausts to comply with the insulation and personnel protection requirements of API RP 14C, section 4.2 (incorporated by reference as specified in § 250.198). You must equip exhaust piping from diesel engines with spark arresters.
</P>
<P>(b) <I>Diesel engine air intake.</I> You must equip diesel engine air intakes with a device to shut down the diesel engine in the event of runaway (<I>i.e.,</I> overspeed). You must equip diesel engines that are continuously attended with either remotely operated manual or automatic shutdown devices. You must equip diesel engines that are not continuously attended with automatic shutdown devices. The following diesel engines do not require a shutdown device: Engines for fire water pumps; engines on emergency generators; engines that power BOP accumulator systems; engines that power air supply for confined entry personnel; temporary equipment on non-producing platforms; booster engines whose purpose is to start larger engines; and engines that power portable single cylinder rig washers.
</P>
</DIV8>


<DIV8 N="§ 250.857" NODE="30:2.0.1.2.3.8.108.47" TYPE="SECTION">
<HEAD>§ 250.857   Glycol dehydration units.</HEAD>
<P>(a) You must install a pressure relief system or an adequate vent on the glycol regenerator (reboiler) to prevent over pressurization. The discharge of the relief valve must be vented in a nonhazardous manner.
</P>
<P>(b) You must install the FSV on the dry glycol inlet to the glycol contact tower as near as practical to the glycol contact tower.
</P>
<P>(c) You must install the shutdown valve (SDV) on the wet glycol outlet from the glycol contact tower as near as practical to the glycol contact tower.


</P>
</DIV8>


<DIV8 N="§ 250.858" NODE="30:2.0.1.2.3.8.108.48" TYPE="SECTION">
<HEAD>§ 250.858   Gas compressors.</HEAD>
<XREF ID="20260610" REFID="44">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>(a) You must equip compressor installations with the following protective equipment as required in API RP 14C, sections A.4 and A.8 (incorporated by reference as specified in § 250.198).
</P>
<P>(1) A pressure safety high (PSH) sensor, a pressure safety low (PSL) sensor, a pressure safety valve (PSV), a level safety high (LSH) sensor, and a level safety low (LSL) sensor to protect each interstage and suction scrubber.
</P>
<P>(2) A temperature safety high (TSH) sensor in the discharge piping of each compressor cylinder or case discharge.
</P>
<P>(3) You must design the PSH and PSL sensors and LSH controls protecting compressor suction and interstage scrubbers to actuate automatic SDVs located in each compressor suction and fuel gas line so that the compressor unit and the associated vessels can be isolated from all input sources. All automatic SDVs installed in compressor suction and fuel gas piping must also be actuated by the shutdown of the prime mover. Unless otherwise approved by the District Manager, gas-well gas affected by the closure of the automatic SDV on the suction side of a compressor must be diverted to the pipeline, diverted to a flare or vent in accordance with §§ 250.1160 or 250.1161, or shut-in at the wellhead.
</P>
<P>(4) You must install a blowdown valve on the discharge line of all compressor installations that are 1,000 horsepower (746 kilowatts) or greater.
</P>
<P>(b) Once system pressure has stabilized, you must use pressure recording devices to establish the new operating pressure ranges for compressor discharge sensors whenever the normalized system pressure changes by 50 psig or 5 percent, whichever is higher. The pressure recording devices must document the pressure range over time intervals that are no less than 4 hours and no more than 30 days long. You must maintain the most recent pressure recording information that you used to determine operating pressure ranges at your field office nearest the OCS facility or at another location conveniently available to the District Manager.
</P>
<P>(c) Pressure shut-in sensors must be set according to the following table (initial set points for pressure sensors must be set utilizing gauge readings and engineering design):
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of sensor
</TH><TH class="gpotbl_colhed" scope="col">Settings
</TH><TH class="gpotbl_colhed" scope="col">Additional requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) PSH sensor,</TD><TD align="left" class="gpotbl_cell">Must be set no higher than 15 percent or 5 psi (whichever is greater) above the highest operating pressure of the discharge line and sufficiently below the maximum discharge pressure to ensure actuation of the suction SDV</TD><TD align="left" class="gpotbl_cell">Must also be set sufficiently below (5 percent or 5 psi, whichever is greater) the set pressure of the PSV to assure that the pressure source is shut-in before the PSV activates.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) PSL sensor,</TD><TD align="left" class="gpotbl_cell">Must be set no lower than 15 percent or 5 psi (whichever is greater) below the lowest operating pressure of the discharge line in which it is installed</TD><TD align="left" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.859" NODE="30:2.0.1.2.3.8.108.49" TYPE="SECTION">
<HEAD>§ 250.859   Firefighting systems.</HEAD>
<XREF ID="20260610" REFID="45">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>(a) On fixed facilities, to protect all areas where production-handling equipment is located, you must install firefighting systems that meet the requirements of this paragraph. You must install a firewater system consisting of rigid pipe with fire hose stations and/or fixed firewater monitors to protect all areas where production-handling equipment is located. Your firewater system must include installation of a fixed water spray system in enclosed well-bay areas where hydrocarbon vapors may accumulate.
</P>
<P>(1) Your firewater system must conform to API RP 14G (incorporated by reference as specified in § 250.198).
</P>
<P>(2) Fuel or power for firewater pump drivers must be available for at least 30 minutes of run time during a platform shut-in. If necessary, you must install an alternate fuel or power supply to provide for this pump operating time unless the District Manager has approved an alternate firefighting system. In addition:
</P>
<P>(i) As of September 7, 2017, you must have equipped all new firewater pump drivers with automatic starting capabilities upon activation of the ESD, fusible loop, or other fire detection system.
</P>
<P>(ii) For electric-driven firewater pump drivers, to provide for a potential loss of primary power, you must install an automatic transfer switch to cross over to an emergency power source in order to maintain at least 30 minutes of run time. The emergency power source must be reliable and have adequate capacity to carry the locked-rotor currents of the fire pump motor and accessory equipment.
</P>
<P>(iii) You must route power cables or conduits with wires installed between the fire water pump drivers and the automatic transfer switch away from hazardous-classified locations that can cause flame impingement. Power cables or conduits with wires that connect to the fire water pump drivers must be capable of maintaining circuit integrity for not less than 30 minutes of flame impingement.
</P>
<P>(3) You must post, in a prominent place on the facility, a diagram of the firefighting system showing the location of all firefighting equipment.
</P>
<P>(4) For operations in subfreezing climates, you must furnish evidence to the District Manager that the firefighting system is suitable for those conditions.
</P>
<P>(5) You must obtain approval from the District Manager before installing any firefighting system.
</P>
<P>(6) All firefighting equipment located on a facility must be in good working order whether approved as the primary, secondary, or ancillary firefighting system.
</P>
<P>(b) On floating facilities, to protect all areas where production-handling equipment is located, you must install a firewater system consisting of rigid pipe with fire hose stations and/or fixed firewater monitors. You must install a fixed water spray system in enclosed well-bay areas where hydrocarbon vapors may accumulate. Your firewater system must conform to the USCG requirements for firefighting systems on floating facilities.
</P>
<P>(c) Except as provided in paragraph (c)(1) and (2) of this section, on fixed and floating facilities, if you are required to maintain a firewater system and the system becomes inoperable, you must shut-in your production operations while making the necessary repairs. For fixed facilities only, you may continue your production operations on a temporary basis while you make the necessary repairs, provided that:
</P>
<P>(1) You request that the appropriate District Manager approve the use of a chemical firefighting system on a temporary basis (for a period up to 7 days) while you make the necessary repairs;
</P>
<P>(2) If you are unable to complete repairs during the approved time period because of circumstances beyond your control, the District Manager may grant multiple extensions to your previously approved request to use a chemical firefighting system for periods up to 7 days each.


</P>
</DIV8>


<DIV8 N="§ 250.860" NODE="30:2.0.1.2.3.8.108.50" TYPE="SECTION">
<HEAD>§ 250.860   Chemical firefighting system.</HEAD>
<P>For fixed platforms:
</P>
<P>(a) On minor unmanned platforms, you may use a U.S. Coast Guard type and size rating “B-II” portable dry chemical unit (with a minimum UL Rating (US) of 60-B:C) or a 30-pound portable dry chemical unit, in lieu of a water system, as long as you ensure that the unit is available on the platform when personnel are on board.
</P>
<P>(1) A minor platform is a structure with zero to five completions and no more than one item of production processing equipment.
</P>
<P>(2) An unmanned platform is one that is not attended 24 hours a day or one on which personnel are not quartered overnight.
</P>
<P>(b) On major platforms and minor manned platforms, you may use a firefighting system using chemicals-only in lieu of a water-based system if the District Manager determines that the use of a chemical system provides equivalent fire-protection control and would not increase the risk to human safety.
</P>
<P>(1) A major platform is a structure with either six or more completions or zero to five completions with more than one item of production processing equipment.
</P>
<P>(2) A minor platform is a structure with zero to five completions and no more than one item of production processing equipment.
</P>
<P>(3) A manned platform is one that is attended 24 hours a day or one on which personnel are quartered overnight.
</P>
<P>(c) On major platforms and minor manned platforms, to obtain approval to use a chemical-only fire prevention and control system in lieu of a water system under paragraph (b) of this section, you must submit to the District Manager:
</P>
<P>(1) A justification for asserting that the use of a chemical system provides equivalent fire-protection control. The justification must address fire prevention, fire protection, fire control, and firefighting on the platform; and
</P>
<P>(2) A risk assessment demonstrating that a chemical-only system would not increase the risk to human safety. You must provide the following and any other important information in your risk assessment:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the use of a chemical firefighting system on major and minor manned platforms, you must provide the following in your risk assessment . . .
</TH><TH class="gpotbl_colhed" scope="col">Including . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Platform description</TD><TD align="left" class="gpotbl_cell">(A) The type and quantity of hydrocarbons (<E T="03">i.e.,</E> natural gas, oil) that are produced, handled, stored, or processed at the facility.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(B) The capacity of any tanks on the facility that you use to store either liquid hydrocarbons or other flammable liquids.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(C) The total volume of flammable liquids (other than produced hydrocarbons) stored on the facility in containers other than bulk storage tanks. Include flammable liquids stored in paint lockers, storerooms, and drums.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(D) If the facility is manned, provide the maximum number of personnel on board and the anticipated length of their stay.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(E) If the facility is unmanned, provide the number of days per week the facility will be visited, the average length of time spent on the facility per visit, the mode of transportation, and whether or not transportation will be available at the facility while personnel are on board.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(F) A diagram that depicts: quarters location, production equipment location, fire prevention and control equipment location, lifesaving appliances and equipment location, and evacuation plan escape routes from quarters and all manned working spaces to primary evacuation equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Hazard assessment (facility specific)</TD><TD align="left" class="gpotbl_cell">(A) Identification of all likely fire initiation scenarios (including those resulting from maintenance and repair activities). For each scenario, discuss its potential severity and identify the ignition and fuel sources.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(B) Estimates of the fire/radiant heat exposure that personnel could be subjected to. Show how you have considered designated muster areas and evacuation routes near fuel sources and have verified proper flare boom sizing for radiant heat exposure.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) Human factors assessment (not facility specific)</TD><TD align="left" class="gpotbl_cell">(A) Descriptions of the fire-related training your employees and contractors have received. Include details on the length of training, whether the training was hands-on or classroom, the training frequency, and the topics covered during the training.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(B) Descriptions of the training your employees and contractors have received in fire prevention, control of ignition sources, and control of fuel sources when the facility is occupied.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(C) Descriptions of the instructions and procedures you have given to your employees and contractors on the actions they should take if a fire occurs. Include those instructions and procedures specific to evacuation. State how you convey this information to your employees and contractors on the platform.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) Evacuation assessment (facility specific)</TD><TD align="left" class="gpotbl_cell">(A) A general discussion of your evacuation plan. Identify your muster areas (if applicable), both the primary and secondary evacuation routes, and the means of evacuation for both.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(B) Description of the type, quantity, and location of lifesaving appliances available on the facility. Show how you have ensured that lifesaving appliances are located in the near vicinity of the escape routes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(C) Description of the types and availability of support vessels, whether the support vessels are equipped with a fire monitor, and the time needed for support vessels to arrive at the facility.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(D) Estimates of the worst case time needed for personnel to evacuate the facility should a fire occur.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(v) Alternative protection assessment</TD><TD align="left" class="gpotbl_cell">(A) Discussion of the reasons you are proposing to use an alternative fire prevention and control system.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(B) Lists of the specific standards used to design the system, locate the equipment, and operate the equipment/system.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(C) Description of the proposed alternative fire prevention and control system/equipment. Provide details on the type, size, number, and location of the prevention and control equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(D) Description of the testing, inspection, and maintenance program you will use to maintain the fire prevention and control equipment in an operable condition. Provide specifics regarding the type of inspection, the personnel who conduct the inspections, the inspection procedures, and documentation and recordkeeping.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(vi) Conclusion</TD><TD align="left" class="gpotbl_cell">A summary of your technical evaluation showing that the alternative system provides an equivalent level of personnel protection for the specific hazards located on the facility.</TD></TR></TABLE></DIV></DIV>
<P>(d) On major or minor platforms, if BSEE has approved your request to use a chemical-only fire suppressant system in lieu of a water system under paragraphs (b) and (c) of this section, and if you make an insignificant change to your platform subsequent to that approval, you must document the change and maintain the documentation for the life of the facility at either the facility or nearest field office for BSEE review and/or inspection. Do not submit this documentation to the District Manager. However, if you make a significant change to your platform (e.g., placing a storage vessel with a capacity of 100 barrels or more on the facility, adding production equipment), or if you plan to man an unmanned platform temporarily, you must submit a new request for approval, including an updated risk assessment if previously required, to the appropriate District Manager. You must maintain, for the life of the facility, the most recent documentation that you submitted to BSEE at the facility or nearest field office.


</P>
</DIV8>


<DIV8 N="§ 250.861" NODE="30:2.0.1.2.3.8.108.51" TYPE="SECTION">
<HEAD>§ 250.861   Foam firefighting systems.</HEAD>
<P>When you install foam firefighting systems as part of a firefighting system that protects production handling areas, you must:
</P>
<P>(a) Annually conduct an inspection of the foam concentrates and their tanks or storage containers for evidence of excessive sludging or deterioration;
</P>
<P>(b) Annually send samples of the foam concentrate to the manufacturer or authorized representative for quality condition testing. You must have the sample tested to determine the specific gravity, pH, percentage of water dilution, and solid content. Based on these results, the foam must be certified by an authorized representative of the manufacturer as suitable firefighting foam consistent with the original manufacturer's specifications. The certification document must be readily accessible for field inspection. In lieu of sampling and certification, you may choose to replace the total inventory of foam with suitable new stock;
</P>
<P>(c) Ensure that the quantity of concentrate meets design requirements, and that tanks or containers are kept full, with space allowed for expansion.


</P>
</DIV8>


<DIV8 N="§ 250.862" NODE="30:2.0.1.2.3.8.108.52" TYPE="SECTION">
<HEAD>§ 250.862   Fire and gas-detection systems.</HEAD>
<XREF ID="20260610" REFID="46">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>For production processing areas only:
</P>
<P>(a) You must install fire (flame, heat, or smoke) sensors in all enclosed classified areas. You must install gas sensors in all inadequately ventilated, enclosed classified areas.
</P>
<P>(1) Adequate ventilation is defined as ventilation that is sufficient to prevent accumulation of significant quantities of vapor-air mixture in concentrations over 25 percent of the lower explosive limit. An acceptable method of providing adequate ventilation is one that provides a change of air volume each 5 minutes or 1 cubic foot of air-volume flow per minute per square foot of solid floor area, whichever is greater.
</P>
<P>(2) Enclosed areas (e.g., buildings, living quarters, or doghouses) are defined as those areas confined on more than 4 of their 6 possible sides by walls, floors, or ceilings more restrictive to air flow than grating or fixed open louvers and of sufficient size to allow entry of personnel.
</P>
<P>(3) A classified area is any area classified Class I, Group D, Division 1 or 2, following the guidelines of API RP 500 (incorporated by reference as specified in § 250.198), or any area classified Class I, Zone 0, Zone 1, or Zone 2, following the guidelines of API RP 505 (incorporated by reference as specified in § 250.198).
</P>
<P>(b) All detection systems must be capable of continuous monitoring. Fire-detection systems and portions of combustible gas-detection systems related to the higher gas-concentration levels must be of the manual-reset type. Combustible gas-detection systems related to the lower gas-concentration level may be of the automatic-reset type.
</P>
<P>(c) A fuel-gas odorant or an automatic gas-detection and alarm system is required in enclosed, continuously manned areas of the facility which are provided with fuel gas. A gas detection system is not required for living quarters and doghouses that do not contain a gas source and that are not located in a classified area.
</P>
<P>(d) The District Manager may require the installation and maintenance of a gas detector or alarm in any potentially hazardous area.
</P>
<P>(e) Fire- and gas-detection systems must be an approved type, and designed and installed in accordance with API RP 14C, API RP 14G, API RP 14F, API RP 14FZ, API RP 500, and API RP 505 (all incorporated by reference as specified in § 250.198), provided that, if compliance with any provision of those standards would be in conflict with applicable regulations of the U.S. Coast Guard, compliance with the U.S. Coast Guard regulations controls.


</P>
</DIV8>


<DIV8 N="§ 250.863" NODE="30:2.0.1.2.3.8.108.53" TYPE="SECTION">
<HEAD>§ 250.863   Electrical equipment.</HEAD>
<P>You must design, install, and maintain electrical equipment and systems in accordance with the requirements in § 250.114.


</P>
</DIV8>


<DIV8 N="§ 250.864" NODE="30:2.0.1.2.3.8.108.54" TYPE="SECTION">
<HEAD>§ 250.864   Erosion.</HEAD>
<P>You must have a program of erosion control in effect for wells or fields that have a history of sand production. The erosion-control program may include sand probes, X-ray, ultrasonic, or other satisfactory monitoring methods. You must maintain records for each lease that indicate the wells that have erosion-control programs in effect. You must also maintain the results of the programs for at least 2 years and make them available to BSEE upon request.


</P>
</DIV8>


<DIV8 N="§ 250.865" NODE="30:2.0.1.2.3.8.108.55" TYPE="SECTION">
<HEAD>§ 250.865   Surface pumps.</HEAD>
<XREF ID="20260610" REFID="47">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>(a) You must equip pump installations with the protective equipment required in API RP 14C, Appendix A—A.7, Pumps (incorporated by reference as specified in § 250.198).
</P>
<P>(b) You must use pressure recording devices to establish the new operating pressure ranges for pump discharge sensors at any time when the normalized system pressure changes by 50 psig or 5 percent, whichever is higher. Once system pressure has stabilized, pressure recording devices must be utilized to establish the new operating pressure ranges. The pressure recording devices must document the pressure range over time intervals that are no less than 4 hours and no more than 30 days long. You must only maintain the most recent pressure recording information that you used to determine operating pressure ranges at your field office nearest the OCS facility or at another location conveniently available to the District Manager.
</P>
<P>(c) Pressure shut-in sensors must be set according to the following table (initial set points for pressure sensors must be set utilizing gauge readings and engineering design):
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of sensor
</TH><TH class="gpotbl_colhed" scope="col">Settings
</TH><TH class="gpotbl_colhed" scope="col">Additional requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) PSH sensor</TD><TD align="left" class="gpotbl_cell">Must be no higher than 15 percent or 5 psi (whichever is greater) above the highest operating pressure of the discharge line</TD><TD align="left" class="gpotbl_cell">Must be set sufficiently below the maximum allowable working pressure of the discharge piping. The PSH must also be set at least 5 percent or 5 psi (whichever is greater) below the set pressure of the PSV to assure that the pressure source is shut-in before the PSV activates.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) PSL sensor</TD><TD align="left" class="gpotbl_cell">Must be set no lower than 15 percent or 5 psi (whichever is greater) below the lowest operating pressure of the discharge line in which it is installed</TD><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(d) The PSL must be placed into service when the pump discharge pressure has risen above the PSL sensing point, or within 45 seconds of the pump coming into service, whichever is sooner.
</P>
<P>(e) You may exclude the PSH and PSL sensors on small, low-volume pumps such as chemical injection-type pumps. This is acceptable if such a pump is used as a sump pump or transfer pump, has a discharge rating of less than 
<FR>1/2</FR> gallon per minute (gpm), discharges into piping that is 1 inch or less in diameter, and terminates in piping that is 2 inches or larger in diameter.
</P>
<P>(f) You must install a TSE in the immediate vicinity of all pumps in hydrocarbon service or those powered by platform fuel gas.
</P>
<P>(g) The pump maximum discharge pressure must be determined using the maximum possible suction pressure and the maximum power output of the driver as appropriate for the pump type and service.


</P>
</DIV8>


<DIV8 N="§ 250.866" NODE="30:2.0.1.2.3.8.108.56" TYPE="SECTION">
<HEAD>§ 250.866   Personnel safety equipment.</HEAD>
<P>You must maintain all personnel safety equipment located on a facility, whether required or not, in good working condition.


</P>
</DIV8>


<DIV8 N="§ 250.867" NODE="30:2.0.1.2.3.8.108.57" TYPE="SECTION">
<HEAD>§ 250.867   Temporary quarters and temporary equipment.</HEAD>
<XREF ID="20260610" REFID="48">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>(a) You must equip temporary quarters with all safety devices required by API RP 14C, Appendix C (incorporated by reference as specified in § 250.198). The District Manager must approve the safety system/safety devices associated with the temporary quarters prior to installation.
</P>
<P>(b) The District Manager may require you to install a temporary firewater system for temporary quarters in production processing areas or other classified areas.
</P>
<P>(c) Temporary equipment associated with the production process system, including equipment used for well testing and/or well clean-up, must be approved by the District Manager.
</P>
<P>(d) The District Manager must approve temporary generators that would require a change to the electrical one-line diagram in § 250.842(a).
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49259, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.868" NODE="30:2.0.1.2.3.8.108.58" TYPE="SECTION">
<HEAD>§ 250.868   Non-metallic piping.</HEAD>
<P>On fixed OCS facilities, you may use non-metallic piping (such as that made from polyvinyl chloride, chlorinated polyvinyl chloride, and reinforced fiberglass) only in accordance with the requirements of § 250.841(b).


</P>
</DIV8>


<DIV8 N="§ 250.869" NODE="30:2.0.1.2.3.8.108.59" TYPE="SECTION">
<HEAD>§ 250.869   General platform operations.</HEAD>
<XREF ID="20260610" REFID="49">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>(a) Surface or subsurface safety devices must not be bypassed or blocked out of service unless they are temporarily out of service for startup, maintenance, or testing. You may take only the minimum number of safety devices out of service. Personnel must monitor the bypassed or blocked-out functions until the safety devices are placed back in service. Any surface or subsurface safety device which is temporarily out of service must be flagged. A designated visual indicator must be used to identify the bypassed safety device. You must follow the monitoring procedures as follows:
</P>
<P>(1) If you are using a non-computer-based system, meaning your safety system operates primarily with pneumatic supply or non-programmable electrical systems, you must monitor bypassed safety devices by positioning monitoring personnel at either the control panel for the bypassed safety device, or at the bypassed safety device, or at the component that the bypassed safety device would be monitoring when in service. You must also ensure that monitoring personnel are able to view all relevant essential operating conditions until all bypassed safety devices are placed back in service and are able to initiate shut-in action in the event of an abnormal condition.
</P>
<P>(2) If you are using a computer-based technology system, meaning a computer-controlled electronic safety system such as supervisory control and data acquisition and remote terminal units, you must monitor bypassed safety devices by maintaining instantaneous communications at all times among remote monitoring personnel and the personnel performing maintenance, testing, or startup. Until all bypassed safety devices are placed back in service, you must also position monitoring personnel at a designated control station that is capable of the following:
</P>
<P>(i) Displaying all relevant essential operating conditions that affect the bypassed safety device, well, pipeline, and process component. If electronic display of all relevant essential conditions is not possible, you must have field personnel monitoring the level gauges (sight glass) and pressure gauges in order to know the current operating conditions. You must be in communication with all field personnel monitoring the gauges;
</P>
<P>(ii) Controlling the production process equipment and the entire safety system;
</P>
<P>(iii) Displaying a visual indicator when safety devices are placed in the bypassed mode; and
</P>
<P>(iv) Upon command, overriding the bypassed safety device and initiating shut-in action in the event of an abnormal condition.
</P>
<P>(3) You must not bypass for startup any element of the emergency support system or other support system required by API RP 14C, Appendix C (incorporated by reference as specified in § 250.198) without first receiving BSEE approval to depart from this operating procedure. These systems include, but are not limited to:
</P>
<P>(i) The ESD system to provide a method to manually initiate platform shutdown by personnel observing abnormal conditions or undesirable events. You do not have to receive approval from the District Manager for manual reset and/or initial charging of the system;
</P>
<P>(ii) The fire loop system to sense the heat of a fire and initiate platform shutdown, and other fire detection devices (flame, thermal, and smoke) that are used to enhance fire detection capability. You do not have to receive approval from the District Manager for manual reset and/or initial charging of the system;
</P>
<P>(iii) The combustible gas detection system to sense the presence of hydrocarbons and initiate alarms and platform shutdown before gas concentrations reach the lower explosive limit;
</P>
<P>(iv) Adequate ventilation;
</P>
<P>(v) The containment system to collect escaped liquid hydrocarbons and initiate platform shutdown;
</P>
<P>(vi) Subsurface safety valves, including those that are self-actuated (subsurface-controlled SSSVs) or those that are activated by an ESD system and/or a fire loop (surface-controlled SSSV). You do not have to receive approval from the District Manager for routine operations in accordance with § 250.817;
</P>
<P>(vii) The pneumatic supply system; and
</P>
<P>(viii) The system for discharging gas to the atmosphere.
</P>
<P>(4) In instances where components of the ESD, as listed in paragraph (a)(3) of this section, are bypassed for maintenance, precautions must be taken to provide the equivalent level of protection that existed prior to the bypass.
</P>
<P>(b) When wells are disconnected from producing facilities and blind flanged, or equipped with a tubing plug, or the master valves have been locked closed, you are not required to comply with the provisions of API RP 14C (incorporated by reference as specified in § 250.198) or this regulation concerning the following:
</P>
<P>(1) Automatic fail-close SSVs on wellhead assemblies, and
</P>
<P>(2) The PSH and PSL sensors in flowlines from wells.
</P>
<P>(c) When pressure or atmospheric vessels are isolated from production facilities (e.g., inlet valve locked closed or inlet blind-flanged) and are to remain isolated for an extended period of time, safety device testing in accordance with API RP 14C (incorporated by reference as specified in § 250.198), or this subpart is not required, with the exception of the PSV, unless the vessel is open to the atmosphere.
</P>
<P>(d) All open-ended lines connected to producing facilities and wells must be plugged or blind-flanged, except those lines designed to be open-ended such as flare or vent lines.
</P>
<P>(e) On all new production safety system installations, component process control devices and component safety devices must not be installed utilizing the same sensing points.
</P>
<P>(f) All pneumatic control panels and computer based control stations must be labeled according to API RP 14C nomenclature.


</P>
</DIV8>


<DIV8 N="§ 250.870" NODE="30:2.0.1.2.3.8.108.60" TYPE="SECTION">
<HEAD>§ 250.870   Time delays on pressure safety low (PSL) sensors.</HEAD>
<P>(a) You may apply industry standard Class B, Class C, or Class B/C logic to applicable PSL sensors installed on process equipment. If the device may be bypassed for greater than 45 seconds, you must monitor the bypassed devices in accordance with § 250.869(a). You must document on your field test records any use of a PSL sensor with a time delay greater than 45 seconds. For purposes of this section, PSL sensors are categorized as follows:
</P>
<P>(1) Class B safety devices have logic that allows for the PSL sensors to be bypassed for a fixed time period (typically less than 15 seconds, but not more than 45 seconds). Examples include sensors used in conjunction with the design of pump and compressor panels such as PSL sensors, lubricator no-flows, and high-water jacket temperature shutdowns.
</P>
<P>(2) Class C safety devices have logic that allows for the PSL sensors to be bypassed until the component comes into full service (<I>i.e.,</I> the time at which the startup pressure equals or exceeds the set pressure of the PSL sensor, the system reaches a stabilized pressure, and the PSL sensor clears). If a Class C safety device is bypassed, you must monitor the device until it is in full service.
</P>
<P>(3) Class B/C safety devices have logic that allows for the PSL sensors to incorporate a combination of Class B and Class C circuitry. These devices are used to ensure that the PSL sensors are not unnecessarily bypassed during startup and idle operations, (e.g., Class B/C bypass circuitry activates when a pump is shut down during normal operations). The PSL sensor remains bypassed until the pump's start circuitry is activated and either:
</P>
<P>(i) The Class B timer expires no later than 45 seconds from start activation, or
</P>
<P>(ii) The Class C bypass is initiated until the pump builds up pressure above the PSL sensor set point and the PSL sensor comes into full service.
</P>
<P>(b) If you do not install time delay circuitry that bypasses activation of PSL sensor shutdown logic for a specified time period on process and product transport equipment during startup and idle operations, you must manually bypass (pin out or disengage) the PSL sensor, with a time delay not to exceed 45 seconds.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49259, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.871" NODE="30:2.0.1.2.3.8.108.61" TYPE="SECTION">
<HEAD>§ 250.871   Welding and burning practices and procedures.</HEAD>
<P>All welding, burning, and hot-tapping activities must be conducted according to the specific requirements in § 250.113.


</P>
</DIV8>


<DIV8 N="§ 250.872" NODE="30:2.0.1.2.3.8.108.62" TYPE="SECTION">
<HEAD>§ 250.872   Atmospheric vessels.</HEAD>
<XREF ID="20260610" REFID="50">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>(a) You must equip atmospheric vessels used to process and/or store liquid hydrocarbons or other Class I liquids as described in API RP 500 or 505 (both incorporated by reference in § 250.198) with protective equipment identified in API RP 14C, section A.5 (incorporated by reference in § 250.198). Transport tanks approved by the U.S. Department of Transportation, that are sealed and not connected via interconnected piping to the production process train and that are used only for storage of refined liquid hydrocarbons or Class I liquids, are not required to be equipped with the protective equipment identified in API RP 14C, section A.5. The atmospheric vessels connected to the process system that contains a Class I liquid and the associated pumps must be reflected on the design documents listed in § 250.842(a)(1) through (4) and (b)(3).
</P>
<P>(b) You must ensure that all atmospheric vessels are designed and maintained to ensure the proper working conditions for LSH sensors. The LSH sensor bridle must be designed to prevent different density fluids from impacting sensor functionality.
</P>
<P>(c) You must ensure that all atmospheric vessels are designed, installed, and maintained to prevent pollution, including the displacement of oil out of an overboard water outlet, as required by § 250.300(b)(3) and (4).
</P>
<CITA TYPE="N">[83 FR 49259, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.873" NODE="30:2.0.1.2.3.8.108.63" TYPE="SECTION">
<HEAD>§ 250.873   Subsea gas lift requirements.</HEAD>
<XREF ID="20260610" REFID="51">Link to an amendment published at 91 FR 35355, June 10, 2026.</XREF>
<P>If you choose to install a subsea gas lift system, you must design your system as approved in your DWOP or as follows:
</P>
<P>(a) Design the gas lift supply pipeline in accordance with API RP 14C (incorporated by reference as specified in § 250.198) for the gas lift supply system located on the platform.
</P>
<P>(b) Meet the applicable requirements in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">If your subsea gas lift system
<br/>introduces the
<br/>lift gas to
<br/>the . . .
</TH><TH class="gpotbl_colhed" colspan="4" scope="col">Then you must install a
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">In addition, you must
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">API Spec 6A and API Spec 6AV1 (both incorporated by
<br/>reference as specified in § 250.198) gas-lift shutdown valve (GLSDV), and . . .
</TH><TH class="gpotbl_colhed" scope="col">FSV on the
<br/>gas-lift supply
<br/>pipeline . . .
</TH><TH class="gpotbl_colhed" scope="col">PSHL on the gas-lift supply . . .
</TH><TH class="gpotbl_colhed" scope="col">API Spec 6A and API Spec 6AV1 manual isolation
<br/>valve . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Subsea pipelines, pipeline risers, or manifolds via an external gas lift pipeline or umbilical</TD><TD align="left" class="gpotbl_cell">Meet all of the requirements for the BSDV described in §§ 250.835 and 250.836 on the gas-lift supply pipeline. Locate the GLSDV within 10 feet of the first point of access to the gas-lift riser or topsides umbilical termination assembly (TUTA) (<E T="03">i.e.,</E> within 10 feet of the edge of the platform if the GLSDV is horizontal, or within 10 feet above the first accessible working deck, excluding the boat landing and above the splash zone, if the GLSDV is in the vertical run of a riser, or within 10 feet of the TUTA if using an umbilical)</TD><TD align="left" class="gpotbl_cell">on the platform upstream (in-board) of the GLSDV</TD><TD align="left" class="gpotbl_cell">pipeline on the platform downstream (out board) of the GLSDV</TD><TD align="left" class="gpotbl_cell">downstream (out board) of the PSHL and above the waterline. This valve does not have to be actuated</TD><TD align="left" class="gpotbl_cell">(i) Ensure that the MAOP of a subsea gas lift supply pipeline is equal to the MAOP of the production pipeline.
<br/>(ii) Install an actuated fail-safe close gas-lift isolation valve (GLIV) located at the point of intersection between the gas lift supply pipeline and the production pipeline, pipeline riser, or manifold.
<br/>(iii) Install the GLIV downstream of the underwater safety valve(s) (USV) and/or AIV(s).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Subsea well(s) through the casing string via an external gas lift pipeline or umbilical</TD><TD align="left" class="gpotbl_cell">Meet all of the requirements for the GLSDV described in §§ 250.835 and 250.836 on the gas-lift supply pipeline. Locate the GLSDV within 10 feet of the first point of access to the gas-lift riser or topsides umbilical termination assembly (TUTA) (<E T="03">i.e.,</E> within 10 feet of the edge of the platform if the GLSDV is horizontal, or within 10 feet above the first accessible working deck, excluding the boat landing and above the splash zone, if the GLSDV is in the vertical run of a riser, or within 10 feet of the TUTA if using an umbilical)</TD><TD align="left" class="gpotbl_cell">on the platform upstream (in-board) of the GLSDV</TD><TD align="left" class="gpotbl_cell">pipeline on the platform down- stream (out board) of the GLSDV</TD><TD align="left" class="gpotbl_cell">downstream (out board) of the PSHL and above the waterline. This valve does not have to be actuated</TD><TD align="left" class="gpotbl_cell">(i) Install an actuated, fail-safe-closed GLIV on the gas lift supply pipeline near the wellhead to provide the dual function of containing annular pressure and shutting off the gas lift supply gas.
<br/>(ii) If your subsea tree or tubing head is equipped with an annulus master valve (AMV) or an annulus wing valve (AWV), one of these may be designated as the GLIV.
<br/>(iii) Consider installing the GLIV external to the subsea tree to facilitate repair and or replacement if necessary.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Pipeline risers via a gas-lift line contained within the pipeline riser</TD><TD align="left" class="gpotbl_cell">Meet all of the requirements for the GLSDV described in §§ 250.835(a), (b), and (d) and 250.836 on the gas-lift supply pipeline</TD><TD align="left" class="gpotbl_cell">upstream (in-board) of the GLSDV</TD><TD align="left" class="gpotbl_cell">flowline upstream (in-board) of the FSV</TD><TD align="left" class="gpotbl_cell">downstream (out board) of the GLSDV</TD><TD align="left" class="gpotbl_cell">(i) Ensure that the gas-lift supply flowline from the gas-lift compressor to the GLSDV is pressure-rated for the MAOP of the pipeline riser.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">Attach the GLSDV by flanged connection directly to the ANSI/API Spec. 6A component used to suspend and seal the gas-lift line contained within the production riser. To facilitate the repair or replacement of the GLSDV or production riser BSDV, you may install a manual isolation valve between the GLSDV and the ANSI/API Spec. 6A component used to suspend and seal the gas-lift line contained within the production riser, or outboard of the production riser BSDV and inboard of the ANSI/API Spec. 6A component used to suspend and seal the gas-lift line contained within the production riser</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(ii) Ensure that any surface equipment associated with the gas-lift system is rated for the MAOP of the pipeline riser.
<br/>(iii) Ensure that the gas-lift compressor discharge pressure never exceeds the MAOP of the pipeline riser.
<br/>(iv) Suspend and seal the gas-lift flowline contained within the production riser in a flanged ANSI/API Spec. 6A component such as an ANSI/API Spec. 6A tubing head and tubing hanger or a component designed, constructed, tested, and installed to the requirements of ANSI/API Spec. 6A.
<br/>(v) Ensure that all potential leak paths upstream or near the production riser BSDV on the platform provide the same level of safety and environmental protection as the production riser BSDV.
<br/>(vi) Ensure that this complete assembly is fire-rated for 30 minutes.</TD></TR></TABLE></DIV></DIV>
<P>(c) Follow the valve closure times and hydraulic bleed requirements according to your approved DWOP for the following:
</P>
<P>(1) Electro-hydraulic control system with gas lift,
</P>
<P>(2) Electro-hydraulic control system with gas lift with loss of communications,
</P>
<P>(3) Direct-hydraulic control system with gas lift.
</P>
<P>(d) Follow the gas lift system valve testing requirements according to the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of gas lift system
</TH><TH class="gpotbl_colhed" scope="col">Valve
</TH><TH class="gpotbl_colhed" scope="col">Allowable leakage rate
</TH><TH class="gpotbl_colhed" scope="col">Testing frequency
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Gas lifting a subsea pipeline, pipeline riser, or manifold via an external gas lift pipeline</TD><TD align="left" class="gpotbl_cell">GLSDV</TD><TD align="left" class="gpotbl_cell">Zero leakage</TD><TD align="left" class="gpotbl_cell">Monthly, not to exceed 6 weeks.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">GLIV</TD><TD align="left" class="gpotbl_cell">N/A</TD><TD align="left" class="gpotbl_cell">Function tested quarterly, not to exceed 120 days.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Gas lifting a subsea well through the casing string via an external gas lift pipeline</TD><TD align="left" class="gpotbl_cell">GLSDV</TD><TD align="left" class="gpotbl_cell">Zero leakage</TD><TD align="left" class="gpotbl_cell">Monthly, not to exceed 6 weeks.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">GLIV</TD><TD align="left" class="gpotbl_cell">400 cc per minute of liquid or 15 scf per minute of gas.</TD><TD align="left" class="gpotbl_cell">Function tested quarterly, not to exceed 120 days
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Gas lifting the pipeline riser via a gas lift line contained within the pipeline riser</TD><TD align="left" class="gpotbl_cell">GLSDV</TD><TD align="left" class="gpotbl_cell">Zero leakage</TD><TD align="left" class="gpotbl_cell">Monthly, not to exceed 6 weeks.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 84 FR 24707, May 29, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.874" NODE="30:2.0.1.2.3.8.108.64" TYPE="SECTION">
<HEAD>§ 250.874   Subsea water injection systems.</HEAD>
<XREF ID="20260610" REFID="52">Link to an amendment published at 91 FR 35357, June 10, 2026.</XREF>
<P>If you choose to install a subsea water injection system, your system must comply with your approved DWOP, which must meet the following minimum requirements:
</P>
<P>(a) Adhere to the water injection requirements described in API RP 14C (incorporated by reference as specified in § 250.198) for the water injection equipment located on the platform. In accordance with § 250.830, either a surface-controlled SSSV or a water injection valve (WIV) that is self-activated and not controlled by emergency shut-down (ESD) or sensor activation must be installed in a subsea water injection well.
</P>
<P>(b) Equip a water injection pipeline with a surface FSV and water injection shutdown valve (WISDV) on the surface facility.
</P>
<P>(c) Install a PSHL sensor upstream (in-board) of the FSV and WISDV.
</P>
<P>(d) Use subsea tree(s), wellhead(s), connector(s), and tree valves, and surface-controlled SSSV or WIV associated with a water injection system that are rated for the maximum anticipated injection pressure.
</P>
<P>(e) Consider the effects of hydrogen sulfide (H2S) when designing your water flood system, as required by § 250.805.
</P>
<P>(f) Follow the valve closure times and hydraulic bleed requirements according to your approved DWOP for the following:
</P>
<P>(1) Electro-hydraulic control system with water injection,
</P>
<P>(2) Electro-hydraulic control system with water injection with loss of communications, and
</P>
<P>(3) Direct-hydraulic control system with water injection.
</P>
<P>(g) Comply with the following injection valve testing requirements:
</P>
<P>(1) You must test your injection valves as provided in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Valve
</TH><TH class="gpotbl_colhed" scope="col">Allowable leakage rate
</TH><TH class="gpotbl_colhed" scope="col">Testing frequency
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) WISDV</TD><TD align="left" class="gpotbl_cell">Zero leakage</TD><TD align="left" class="gpotbl_cell">Monthly, not to exceed 6 weeks between tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Surface-controlled SSSV or WIV</TD><TD align="left" class="gpotbl_cell">400 cc per minute of liquid or 15 scf per minute of gas</TD><TD align="left" class="gpotbl_cell">Semiannually, not to exceed 6 calendar months between tests.</TD></TR></TABLE></DIV></DIV>
<P>(2) If a designated USV on a water injection well fails the applicable test under § 250.880(c)(4)(ii), you must notify the appropriate District Manager and request approval to designate another ANSI/API Spec 6A and API Spec. 6AV1 (both incorporated by reference in § 250.198) certified subsea valve as your USV.
</P>
<P>(3) If a USV on a water injection well fails the test and the surface-controlled SSSV or WIV cannot be tested as required under (g)(1)(ii) of this section because of low reservoir pressure, you must submit a request to the appropriate District Manager with an alternative plan that ensures subsea shutdown capabilities.
</P>
<P>(h) If you experience a loss of communications during water injection operations, you must comply with the following:
</P>
<P>(1) Notify the appropriate District Manager within 12 hours after detecting loss of communication; and
</P>
<P>(2) Obtain approval from the appropriate District Manager to continue to inject during the loss of communication.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49262, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.875" NODE="30:2.0.1.2.3.8.108.65" TYPE="SECTION">
<HEAD>§ 250.875   Subsea pump systems.</HEAD>
<P>If you choose to install a subsea pump system, your system must comply with your approved DWOP, which must meet the following minimum requirements:
</P>
<P>(a) Include the installation of an isolation valve at the inlet of your subsea pump module.
</P>
<P>(b) Include a PSHL sensor upstream of the BSDV, if the maximum possible discharge pressure of the subsea pump operating in a dead head condition (that is the maximum shut-in tubing pressure at the pump inlet and a closed BSDV) is less than the MAOP of the associated pipeline.
</P>
<P>(c) If the maximum possible discharge pressure of the subsea pump operating in a dead head situation could be greater than the MAOP of the pipeline:
</P>
<P>(1) Include, at minimum, 2 independent functioning PSHL sensors upstream of the subsea pump and 2 independent functioning PSHL sensors downstream of the pump, that:
</P>
<P>(i) Are operational when the subsea pump is in service; and
</P>
<P>(ii) Will, when activated, shut down the subsea pump, the subsea inlet isolation valve, and either the designated USV1, the USV2, or the alternate isolation valve.
</P>
<P>(iii) If more than 2 PSHL sensors are installed both upstream and downstream of the subsea pump for operational flexibility, then 2 out of 3 voting logic may be implemented in which the subsea pump remains operational provided a minimum of 2 independent PSHL sensors are functional both upstream and downstream of the pump.
</P>
<P>(2) Interlock the subsea pump motor with the BSDV to ensure that the pump cannot start or operate when the BSDV is closed, incorporate at a minimum the following permissive signals into the control system for your subsea pump, and ensure that the subsea pump is not able to be started or re-started unless:
</P>
<P>(i) The BSDV is open;
</P>
<P>(ii) All automated valves downstream of the subsea pump are open;
</P>
<P>(iii) The upstream subsea pump isolation valve is open; and
</P>
<P>(iv) All parameters associated with the subsea pump operation (e.g., pump temperature high, pump vibration high, pump suction pressure high, pump discharge pressure high, pump suction flow low) must be cleared (<I>i.e.,</I> within operational limits) or continuously monitored by personnel who observe visual indicators displayed at a designated control station and have the capability to initiate shut-in action in the event of an abnormal condition.
</P>
<P>(3) Monitor the separator for seawater.
</P>
<P>(4) Ensure that the subsea pump systems are controlled by an electro-hydraulic control system.
</P>
<P>(d) Follow the valve closure times and hydraulic bleed requirements according to your approved DWOP for the following:
</P>
<P>(1) Electro-hydraulic control system with a subsea pump;
</P>
<P>(2) A loss of communication with the subsea well(s) and not a loss of communication with the subsea pump control system without an ESD or sensor activation;
</P>
<P>(3) A loss of communication with the subsea pump control system, and not a loss of communication with the subsea well(s);
</P>
<P>(4) A loss of communication with the subsea well(s) and the subsea pump control system.
</P>
<P>(e) For subsea pump testing:
</P>
<P>(1) Perform a complete subsea pump function test, including full shutdown, after any intervention or changes to the software and equipment affecting the subsea pump; and
</P>
<P>(2) Test the subsea pump shutdown, including PSHL sensors both upstream and downstream of the pump, each quarter (not to exceed 120 days between tests). This testing may be performed concurrently with the ESD function test required by § 250.880(c)(4)(v).


</P>
</DIV8>


<DIV8 N="§ 250.876" NODE="30:2.0.1.2.3.8.108.66" TYPE="SECTION">
<HEAD>§ 250.876   Fired and exhaust heated components.</HEAD>
<P>No later than September 7, 2018, and at least once every 5 years thereafter, you must have qualified third-party inspect, and then you must repair or replace, as needed, the fire tube for tube-type heaters that are equipped with either automatically controlled natural or forced draft burners installed in either atmospheric or pressure vessels that heat hydrocarbons and/or glycol. If inspection indicates tube-type heater deficiencies, you must complete and document repairs or replacements. You must document the inspection results, retain such documentation for at least 5 years, and make the documentation available to BSEE upon request.
</P>
<CITA TYPE="N">[83 FR 49262, Sept. 28, 2018]






</CITA>
</DIV8>


<DIV8 N="§§ 250.877-250.879" NODE="30:2.0.1.2.3.8.108.67" TYPE="SECTION">
<HEAD>§§ 250.877-250.879   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="109" NODE="30:2.0.1.2.3.8.109" TYPE="SUBJGRP">
<HEAD>Safety Device Testing</HEAD>


<DIV8 N="§ 250.880" NODE="30:2.0.1.2.3.8.109.68" TYPE="SECTION">
<HEAD>§ 250.880   Production safety system testing.</HEAD>
<XREF ID="20260610" REFID="52a">Link to an amendment published at 91 FR 35357, June 10, 2026.</XREF>
<P>(a) <I>Notification.</I> You must:
</P>
<P>(1) Notify the District Manager at least 72 hours before you commence initial production on a facility as required in § 250.800(a)(2), in order for BSEE to conduct the preproduction inspection of the integrated safety system.
</P>
<P>(2) Notify the District Manager upon commencement of production so that BSEE may conduct a complete inspection.
</P>
<P>(3) Notify the District Manager and receive BSEE approval before you perform any subsea intervention that modifies the existing subsea infrastructure in a way that may affect the casing monitoring capabilities and testing frequencies specified in the table set forth in paragraph (c)(4) of this section.
</P>
<P>(b) <I>Testing methodologies.</I> You must:
</P>
<P>(1) Test safety valves and other equipment at the intervals specified in the tables set forth in paragraph (c) of this section or more frequently if operating conditions warrant; and
</P>
<P>(2) Perform testing and inspections in accordance with API RP 14C, Appendix D (incorporated by reference as specified in § 250.198), and the additional requirements specified in the tables of this section or as approved in the DWOP for your subsea system.
</P>
<P>(c) <I>Testing frequencies.</I> You must:
</P>
<P>(1) Comply with the following testing requirements for subsurface safety devices on dry tree wells:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Item name
</TH><TH class="gpotbl_colhed" scope="col">Testing frequency, allowable leakage rates, and other requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Surface-controlled SSSVs (including devices installed in shut-in and injection wells)</TD><TD align="left" class="gpotbl_cell">Semi-annually, not to exceed 6 calendar months between tests. Also test in place when first installed or reinstalled. If the device does not operate properly, or if a liquid leakage rate &gt; 400 cubic centimeters per minute or a gas leakage rate &gt; 15 standard cubic feet per minute is observed, the device must be removed, repaired, and reinstalled or replaced. Testing must be according to ANSI/API RP 14B (incorporated by reference in § 250.198) to ensure proper operation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Subsurface-controlled SSSVs</TD><TD align="left" class="gpotbl_cell">Semi-annually, not to exceed 6 calendar months between tests for valves not installed in a landing nipple and 12 months for valves installed in a landing nipple. The valve must be removed, inspected, and repaired or adjusted, as necessary, and reinstalled or replaced.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) Tubing plug</TD><TD align="left" class="gpotbl_cell">Semi-annually, not to exceed 6 calendar months between tests. Test by opening the well to possible flow. If a liquid leakage rate &gt; 400 cubic centimeters per minute or a gas leakage rate &gt; 15 standard cubic feet per minute is observed, the plug must be removed, repaired, and reinstalled or replaced. An additional tubing plug may be installed in lieu of removal.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) Injection valves</TD><TD align="left" class="gpotbl_cell">Semi-annually, not to exceed 6 calendar months between tests. Test by opening the well to possible flow. If a liquid leakage rate &gt; 400 cubic centimeters per minute or a gas leakage rate &gt; 15 standard cubic feet per minute is observed, the valve must be removed, repaired and reinstalled or replaced.</TD></TR></TABLE></DIV></DIV>
<P>(2) Comply with the following testing requirements for surface valves:





</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Item name
</TH><TH class="gpotbl_colhed" scope="col">Testing frequency and requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) PSVs</TD><TD align="left" class="gpotbl_cell">Annually, not to exceed 12 calendar months between tests. Valve must either be bench-tested or equipped to permit testing with an external pressure source. Weighted disc vent valves used as PSVs on atmospheric tanks may be disassembled and inspected in lieu of function testing. The main valve piston must be lifted during this test.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Automatic inlet SDVs that are actuated by a sensor on a vessel or compressor</TD><TD align="left" class="gpotbl_cell">Once each calendar month, not to exceed 6 weeks between tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) SDVs in liquid discharge lines and actuated by vessel low-level sensors</TD><TD align="left" class="gpotbl_cell">Once each calendar month, not to exceed 6 weeks between tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) SSVs</TD><TD align="left" class="gpotbl_cell">Once each calendar month, not to exceed 6 weeks between tests. Valves must be tested for both operation and leakage. You must test according to API STD 6AV2 (incorporated by reference in § 250.198). If an SSV does not operate properly or if any gas and/or liquid fluid flow is observed during the leakage test, the valve must be immediately repaired or replaced.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(v) Flowline FSVs</TD><TD align="left" class="gpotbl_cell">Once each calendar month, not to exceed 6 weeks between tests. All flowline FSVs must be tested, including those installed on a host facility in lieu of being installed at a satellite well. You must test flowline FSVs for leakage in accordance with the test procedure specified in API RP 14C (incorporated by reference as specified in § 250.198). If leakage measured exceeds a liquid flow of 400 cubic centimeters per minute or a gas flow of 15 standard cubic feet per minute, the FSV must be repaired or replaced.</TD></TR></TABLE></DIV></DIV>
<P>(3) Comply with the following testing requirements for surface safety systems and devices:





</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Item name
</TH><TH class="gpotbl_colhed" scope="col">Testing frequency and requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Pumps for firewater systems</TD><TD align="left" class="gpotbl_cell">Must be inspected and operated according to API RP 14G, Section 7.2 (incorporated by reference as specified in § 250.198).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Fire- (flame, heat, or smoke) and gas detection systems</TD><TD align="left" class="gpotbl_cell">Must be tested for operation and recalibrated every 3 months, not to exceed 120 days between tests, provided that testing can be performed in a non-destructive manner. Open flame or devices operating at temperatures that could ignite a methane-air mixture must not be used. All combustible gas-detection systems must be calibrated every 3 months.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) ESD systems</TD><TD align="left" class="gpotbl_cell">(A) Pneumatic based ESD systems must be tested for operation at least once each calendar month, not to exceed 6 weeks between tests. You must conduct the test by alternating ESD stations monthly to close at least one wellhead SSV and verify a surface-controlled SSSV closure for that well as indicated by control circuitry actuation. All stations must be checked for functionality at least once each calendar month, not to exceed 6 weeks between tests. No station may be reused until all stations have been tested.
<br/>(B) Electronic based ESD systems must be tested for operation at least once every 3 calendar months, not to exceed 120 days between tests. The test must be conducted by alternating ESD stations to close at least one wellhead SSV and verify a surface-controlled SSSV closure for that well as indicated by control circuitry actuation. All stations must be checked for functionality at least once every 3 calendar months, not to exceed 120 days between checks. No station may be reused until all stations have been tested.
<br/>(C) Electronic/pneumatic based ESD systems must be tested for operation at least once every 3 calendar months, not to exceed 120 days between tests. The test must be conducted by alternating ESD stations to close at least one wellhead SSV and verify a surface-controlled SSSV closure for that well as indicated by control circuitry actuation. All stations must be checked for functionality at least once every 3 calendar months, not to exceed 120 days between checks. No station may be reused until all stations have been used.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) TSH devices</TD><TD align="left" class="gpotbl_cell">Must be tested for operation annually, not to exceed 12 calendar months between tests, excluding those addressed in paragraph (c)(3)(v) of this section and those that would be destroyed by testing. Those that could be destroyed by testing must be visually inspected and the circuit tested for operations at least once every 12 months.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(v) TSH shutdown controls installed on compressor installations that can be nondestructively tested</TD><TD align="left" class="gpotbl_cell">Must be tested every 6 months and repaired or replaced as necessary.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(vi) Burner safety low</TD><TD align="left" class="gpotbl_cell">Must be tested annually, not to exceed 12 calendar months between tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(vii) Flow safety low devices</TD><TD align="left" class="gpotbl_cell">Must be tested annually, not to exceed 12 calendar months between tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(viii) Flame, spark, and detonation arrestors</TD><TD align="left" class="gpotbl_cell">Must be visually inspected annually, not to exceed 12 calendar months between inspections.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ix) Electronic pressure transmitters and level sensors: PSH and PSL; LSH and LSL</TD><TD align="left" class="gpotbl_cell">Must be tested at least once every 3 months, not to exceed 120 days between tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(x) Pneumatic/electronic switch PSH and PSL; pneumatic/electronic switch/electric analog with mechanical linkage LSH and LSL controls</TD><TD align="left" class="gpotbl_cell">Must be tested at least once each calendar month, not to exceed 6 weeks between tests.</TD></TR></TABLE></DIV></DIV>
<P>(4) Comply with the following testing requirements for subsurface safety devices and associated systems on subsea tree wells:



</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Item name
</TH><TH class="gpotbl_colhed" scope="col">Testing frequency, allowable leakage rates, and other requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Surface-controlled SSSVs (including devices installed in shut-in and injection wells)</TD><TD align="left" class="gpotbl_cell">Tested semiannually, not to exceed 6 months between tests. If the device does not operate properly, or if a liquid leakage rate &gt; 400 cubic centimeters per minute or a gas leakage rate &gt; 15 standard cubic feet per minute is observed, the device must be removed, repaired, and reinstalled or replaced. Testing must be according to ANSI/API RP 14B (incorporated by reference in § 250.198) to ensure proper operation, or as approved in your DWOP.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) USVs</TD><TD align="left" class="gpotbl_cell">Tested at least once every 3 calendar months, not to exceed 120 days between tests. If the device does not function properly, or if a liquid leakage rate &gt; 400 cubic centimeters per minute or a gas leakage rate &gt; 15 standard cubic feet per minute is observed, the valve must be removed, repaired, and reinstalled or replaced.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) BSDVs</TD><TD align="left" class="gpotbl_cell">Tested at least once each calendar month, not to exceed 6 weeks between tests. Valves must be tested for both operation and leakage. You must test according to API STD 6AV2 for SSVs (incorporated by reference in § 250.198). If a BSDV does not operate properly or if any fluid flow is observed during the leakage test, the valve must be immediately repaired or replaced.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) Electronic ESD logic</TD><TD align="left" class="gpotbl_cell">Tested at least once each calendar month, not to exceed 6 weeks between tests.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(v) Electronic ESD function</TD><TD align="left" class="gpotbl_cell">Tested at least once every 3 calendar months, not to exceed 120 days between tests. Shut-in at least one well during the ESD function test. If multiple wells are tied back to the same platform, a different well should be shut-in with each quarterly test.</TD></TR></TABLE></DIV></DIV>
<P>(d) <I>Subsea wells.</I> (1) Any subsea well that is completed and disconnected from monitoring capability may not be disconnected for more than 24 months, unless authorized by BSEE.
</P>
<P>(2) Any subsea well that is completed and disconnected from monitoring capability for more than 6 months must meet the following testing and other requirements:
</P>
<P>(i) Each well must have 3 pressure barriers:
</P>
<P>(A) A closed and tested surface-controlled SSSV,
</P>
<P>(B) A closed and tested USV, and
</P>
<P>(C) One additional closed and tested tree valve.
</P>
<P>(ii) For new completed wells, prior to the rig leaving the well, the pressure barriers must be tested as follows:
</P>
<P>(A) The surface-controlled SSSV must be tested for leakage in accordance with § 250.828(c);
</P>
<P>(B) The USV and other pressure barrier must be tested to confirm zero leakage rate.
</P>
<P>(iii) A sealing pressure cap must be installed on the flowline connection hub until the flowline is installed and connected. The pressure cap must be designed to accommodate monitoring for pressure between the production wing valve and cap. The pressure cap must also be designed so that a remotely operated vehicle can bleed pressure off, monitor for buildup, and confirm barrier integrity.
</P>
<P>(iv) Pressure monitoring at the sealing pressure cap on the flowline connection hub must be performed in each well at intervals not to exceed 12 months from the time of initial testing of the pressure barrier (prior to demobilizing the rig from the field).
</P>
<P>(v) You must have a drilling vessel capable of intervention into the disconnected well in the field or readily accessible for use until the wells are brought on line.
</P>
<CITA TYPE="N">[81 FR 61918, Sept. 7, 2016, as amended at 83 FR 49262, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§§ 250.881-250.889" NODE="30:2.0.1.2.3.8.109.69" TYPE="SECTION">
<HEAD>§§ 250.881-250.889   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="110" NODE="30:2.0.1.2.3.8.110" TYPE="SUBJGRP">
<HEAD>Records and Training</HEAD>


<DIV8 N="§ 250.890" NODE="30:2.0.1.2.3.8.110.70" TYPE="SECTION">
<HEAD>§ 250.890   Records.</HEAD>
<P>(a) You must maintain records that show the present status and history of each safety device. Your records must include dates and details of installation, removal, inspection, testing, repairing, adjustments, and reinstallation.
</P>
<P>(b) You must maintain these records for at least 2 years. You must maintain the records at your field office nearest the OCS facility and a secure onshore location. These records must be available for review by a representative of BSEE.
</P>
<P>(c) You must submit to the appropriate District Manager a contact list for all OCS facilities at least annually or when contact information is revised. The contact list must include:
</P>
<P>(1) Designated operator name;
</P>
<P>(2) Designated primary point of contact for the facility;
</P>
<P>(3) Facility phone number(s), if applicable;
</P>
<P>(4) Facility fax number, if applicable;
</P>
<P>(5) Facility radio frequency, if applicable;
</P>
<P>(6) Facility helideck rating and size, if applicable; and
</P>
<P>(7) Facility records location if not contained on the facility.


</P>
</DIV8>


<DIV8 N="§ 250.891" NODE="30:2.0.1.2.3.8.110.71" TYPE="SECTION">
<HEAD>§ 250.891   Safety device training.</HEAD>
<P>You must ensure that personnel installing, repairing, testing, maintaining, and operating surface and subsurface safety devices, and personnel operating production platforms (including, but not limited to, separation, dehydration, compression, sweetening, and metering operations), are trained in accordance with the procedures in subpart O and subpart S of this part.


</P>
</DIV8>


<DIV8 N="§§ 250.892-250.899" NODE="30:2.0.1.2.3.8.110.72" TYPE="SECTION">
<HEAD>§§ 250.892-250.899   [Reserved]</HEAD>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="I" NODE="30:2.0.1.2.3.9" TYPE="SUBPART">
<HEAD>Subpart I—Platforms and Structures</HEAD>


<DIV7 N="111" NODE="30:2.0.1.2.3.9.111" TYPE="SUBJGRP">
<HEAD>General Requirements for Platforms</HEAD>


<DIV8 N="§ 250.900" NODE="30:2.0.1.2.3.9.111.1" TYPE="SECTION">
<HEAD>§ 250.900   What general requirements apply to all platforms?</HEAD>
<P>(a) You must design, fabricate, install, use, maintain, inspect, and assess all platforms and related structures on the Outer Continental Shelf (OCS) so as to ensure their structural integrity for the safe conduct of drilling, workover, and production operations. In doing this, you must consider the specific environmental conditions at the platform location.
</P>
<P>(b) You must also submit an application under § 250.905 of this subpart and obtain the approval of the Regional Supervisor before performing any of the activities described in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Activity requiring application and approval
</TH><TH class="gpotbl_colhed" scope="col">Conditions for conducting the activity
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Install a platform. This includes placing a newly constructed platform at a location or moving an existing platform to a new site</TD><TD align="left" class="gpotbl_cell">(i) You must adhere to the requirements of this subpart, including the industry standards in § 250.901.
<br/>(ii) If you are installing a floating platform, you must also adhere to U.S. Coast Guard (USCG) regulations for the fabrication, installation, and inspection of floating OCS facilities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Major modification to any platform. This includes any structural changes that materially alter the approved plan or cause a major deviation from approved operations and any modification that increases loading on a platform by 10 percent or more</TD><TD align="left" class="gpotbl_cell">(i) You must adhere to the requirements of this subpart, including the industry standards in § 250.901.
<br/>(ii) Before you make a major modification to a floating platform, you must obtain approval from both the BSEE and the USCG for the modification.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Major repair of damage to any platform. This includes any corrective operations involving structural members affecting the structural integrity of a portion or all of the platform</TD><TD align="left" class="gpotbl_cell">(i) You must adhere to the requirements of this subpart, including the industry standards in § 250.901.
<br/>(ii) Before you make a major repair to a floating platform, you must obtain approval from both the BSEE and the USCG for the repair.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Convert an existing platform at the current location for a new purpose</TD><TD align="left" class="gpotbl_cell">(i) The Regional Supervisor will determine on a case-by-case basis the requirements for an application for conversion of an existing platform at the current location.
<br/>(ii) At a minimum, your application must include: the converted platform's intended use; and a demonstration of the adequacy of the design and structural condition of the converted platform.
<br/>(iii) If a floating platform, you must also adhere to USCG regulations for the fabrication, installation, and inspection of floating OCS facilities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Convert an existing mobile offshore drilling unit (MODU) for a new purpose</TD><TD align="left" class="gpotbl_cell">(i) The Regional Supervisor will determine on a case-by-case basis the requirements for an application for conversion of an existing MODU.
<br/>(ii) At a minimum, your application must include: the converted MODU's intended location and use; a demonstration of the adequacy of the design and structural condition of the converted MODU; and a demonstration that the level of safety for the converted MODU is at least equal to that of re-used platforms.
<br/>(iii) You must also adhere to USCG regulations for the fabrication, installation, and inspection of floating OCS facilities.</TD></TR></TABLE></DIV></DIV>
<P>(c) Under emergency conditions, you may make repairs to primary structural elements to restore an existing permitted condition without submitting an application or receiving prior BSEE approval for up to 120-calendar days following an event. You must notify the Regional Supervisor of the damage that occurred within 24 hours of its discovery, and you must provide a written completion report to the Regional Supervisor of the repairs that were made within 1 week after completing the repairs. If you make emergency repairs on a floating platform, you must also notify the USCG.
</P>
<P>(d) You must determine if your new platform or major modification to an existing platform is subject to the Platform Verification Program (PVP). Section 250.910 of this subpart fully describes the facilities that are subject to the PVP. If you determine that your platform is subject to the PVP, you must follow the requirements of §§ 250.909 through 250.918 of this subpart.
</P>
<P>(e) You must submit notification of the platform installation date and the final as-built location data to the Regional Supervisor within 45-calendar days of completion of platform installation.
</P>
<P>(1) For platforms not subject to the Platform Verification Program (PVP), BSEE will cancel the approved platform application 1 year after the approval has been granted if the platform has not been installed. If BSEE cancels the approval, you must resubmit your platform application and receive BSEE approval if you still plan to install the platform.
</P>
<P>(2) For platforms subject to the PVP, cancellation of an approval will be on an individual platform basis. For these platforms, BSEE will identify the date when the installation approval will be cancelled (if installation has not occurred) during the application and approval process. If BSEE cancels your installation approval, you must resubmit your platform application and receive BSEE approval if you still plan to install the platform.


</P>
</DIV8>


<DIV8 N="§ 250.901" NODE="30:2.0.1.2.3.9.111.2" TYPE="SECTION">
<HEAD>§ 250.901   What industry standards must your platform meet?</HEAD>
<XREF ID="20260610" REFID="53">Link to an amendment published at 91 FR 35358, June 10, 2026.</XREF>
<P>(a) In addition to the other requirements of this subpart, your plans for platform design, analysis, fabrication, installation, use, maintenance, inspection and assessment must, as appropriate, conform to:
</P>
<P>(1) ACI Standard 318-95, Building Code Requirements for Reinforced Concrete (ACI 318-95) and Commentary (ACI 318R-95) (incorporated by reference at § 250.198);
</P>
<P>(2) ACI 357R-84, Guide for the Design and Construction of Fixed Offshore Concrete Structures, 1984; reapproved 1997 (incorporated by reference at § 250.198);
</P>
<P>(3) ANSI/AISC 360-05, Specification for Structural Steel Buildings, (as specified in § 250.198);
</P>
<P>(4) American Petroleum Institute (API) Bulletin 2INT-DG, Interim Guidance for Design of Offshore Structures for Hurricane Conditions, (as incorporated by reference in § 250.198);
</P>
<P>(5) API Bulletin 2INT-EX, Interim Guidance for Assessment of Existing Offshore Structures for Hurricane Conditions, (as incorporated by reference in § 250.198);
</P>
<P>(6) API Bulletin 2INT-MET, Interim Guidance on Hurricane Conditions in the Gulf of Mexico, (as incorporated by reference in § 250.198);
</P>
<P>(7) API Recommend Practice (RP) 2A-WSD, RP for Planning, Designing, and Constructing Fixed Offshore Platforms—Working Stress Design (as incorporated by reference in § 250.198);
</P>
<P>(8) API RP 2FPS, Recommended Practice for Planning, Designing, and Constructing Floating Production Systems, (as incorporated by reference in § 250.198);
</P>
<P>(9) API RP 2I, In-Service Inspection of Mooring Hardware for Floating Drilling Units (as incorporated by reference in § 250.198);
</P>
<P>(10) API RP 2RD, Design of Risers for Floating Production Systems (FPSs) and Tension-Leg Platforms (TLPs), (as incorporated by reference in § 250.198);
</P>
<P>(11) API RP 2SK, Recommended Practice for Design and Analysis of Station Keeping Systems for Floating Structures, (as incorporated by reference in § 250.198);
</P>
<P>(12) API RP 2SM, Recommended Practice for Design, Manufacture, Installation, and Maintenance of Synthetic Fiber Ropes for Offshore Mooring, (as incorporated by reference in § 250.198);
</P>
<P>(13) API RP 2T, Recommended Practice for Planning, Designing and Constructing Tension Leg Platforms, (as incorporated by reference in § 250.198);
</P>
<P>(14) API RP 14J, Recommended Practice for Design and Hazards Analysis for Offshore Production Facilities, (as incorporated by reference in § 250.198);
</P>
<P>(15) American Society for Testing and Materials (ASTM) Standard C 33-07, approved December 15, 2007, Standard Specification for Concrete Aggregates (as incorporated by reference in § 250.198);
</P>
<P>(16) ASTM Standard C 94/C 94M-07, approved January 1, 2007, Standard Specification for Ready-Mixed Concrete (as incorporated by reference in § 250.198);
</P>
<P>(17) ASTM Standard C 150-07, approved May 1, 2007, Standard Specification for Portland Cement (as incorporated by reference in § 250.198);
</P>
<P>(18) ASTM Standard C 330-05, approved December 15, 2005, Standard Specification for Lightweight Aggregates for Structural Concrete (as incorporated by reference in § 250.198);
</P>
<P>(19) ASTM Standard C 595-08, approved January 1, 2008, Standard Specification for Blended Hydraulic Cements (as incorporated by reference in § 250.198);
</P>
<P>(20) AWS D1.1, Structural Welding Code—Steel, including Commentary, (as incorporated by reference in § 250.198);
</P>
<P>(21) AWS D1.4, Structural Welding Code—Reinforcing Steel, (as incorporated by reference in § 250.198);
</P>
<P>(22) AWS D3.6M, Specification for Underwater Welding, (as incorporated by reference in § 250.198);
</P>
<P>(23) NACE Standard MR0175, Sulfide Stress Cracking Resistant Metallic Materials for Oilfield Equipment, (as incorporated by reference in § 250.198);
</P>
<P>(24) NACE Standard RP0176-2003, Item No. 21018, Standard Recommended Practice, Corrosion Control of Steel Fixed Offshore Structures Associated with Petroleum Production (as incorporated by reference in § 250.198).
</P>
<P>(b) You must follow the requirements contained in the documents listed under paragraph (a) of this section insofar as they do not conflict with other provisions of 30 CFR part 250. You may use applicable provisions of these documents, as approved by the Regional Supervisor, for the design, fabrication, and installation of platforms such as spars, since standards specifically written for such structures do not exist. You may also use alternative codes, rules, or standards, as approved by the Regional Supervisor, under the conditions enumerated in § 250.141.
</P>
<P>(c) For information on the standards mentioned in this section, and where they may be obtained, see § 250.198 of this part.
</P>
<P>(d) The following chart summarizes the applicability of the industry standards listed in this section for fixed and floating platforms:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Industry standard
</TH><TH class="gpotbl_colhed" scope="col">Applicable to . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) ACI Standard 318-95, Building Code Requirements for Reinforced Concrete (ACI 318-95) and Commentary (ACI 318R-95);</TD><TD align="left" class="gpotbl_cell">Fixed and floating platform, as appropriate.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) ANSI/AISC 360-05, Specification for Structural Steel Buildings;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) API Bulletin 2INT-DG, Interim Guidance for Design of Offshore Structures for Hurricane Conditions;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) API Bulletin 2INT-EX, Interim Guidance for Assessment of Existing Offshore Structures for Hurricane Conditions;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) API Bulletin 2INT-MET, Interim Guidance on Hurricane Conditions in the Gulf of Mexico;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) API RP 2A-WSD, RP for Planning, Designing, and Constructing Fixed Offshore Platforms—Working Stress Design;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) ASTM Standard C 33-07, approved December 15, 2007, Standard Specification for Concrete Aggregates;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) ASTM Standard C 94/C 94M-07, approved January 1, 2007, Standard Specification for Ready-Mixed Concrete;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) ASTM Standard C 150-07, approved May 1, 2007, Standard Specification for Portland Cement;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) ASTM Standard C 330-05, approved December 15, 2005, Standard Specification for Lightweight Aggregates for Structural Concrete;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) ASTM Standard C 595-08, approved January 1, 2008, Standard Specification for Blended Hydraulic Cements;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) AWS D1.1, Structural Welding Code—Steel;</TD><TD align="left" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) AWS D1.4, Structural Welding Code—Reinforcing Steel;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) AWS D3.6M, Specification for Underwater Welding;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) NACE Standard RP 0176-2003, Standard Recommended Practice (RP), Corrosion Control of Steel Fixed Offshore Platforms Associated with Petroleum Production;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) ACI 357R-84, Guide for the Design and Construction of Fixed Offshore Concrete Structures, 1984; reapproved 1997,</TD><TD align="left" class="gpotbl_cell">Fixed platforms.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(17) API RP 14J, RP for Design and Hazards Analysis for Offshore Production Facilities;</TD><TD align="left" class="gpotbl_cell">Floating platforms.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(18) API RP 2FPS, RP for Planning, Designing, and Constructing, Floating Production Systems;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(19) API RP 2RD, Design of Risers for Floating Production Systems (FPSs) and Tension-Leg Platforms (TLPs);
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(20) API RP 2SK, RP for Design and Analysis of Station Keeping Systems for Floating Structures;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(21) API RP 2T, RP for Planning, Designing, and Constructing Tension Leg Platforms;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(22) API RP 2SM, RP for Design, Manufacture, Installation, and Maintenance of Synthetic Fiber Ropes for Offshore Mooring;
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(23) API RP 2I, In-Service Inspection of Mooring Hardware for Floating Drilling Units</TD><TD align="left" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.902" NODE="30:2.0.1.2.3.9.111.3" TYPE="SECTION">
<HEAD>§ 250.902   What are the requirements for platform removal and location clearance?</HEAD>
<P>You must remove all structures according to §§ 250.1725 through 250.1730 of Subpart Q—Decommissioning Activities of this part.


</P>
</DIV8>


<DIV8 N="§ 250.903" NODE="30:2.0.1.2.3.9.111.4" TYPE="SECTION">
<HEAD>§ 250.903   What records must I keep?</HEAD>
<P>(a) You must compile, retain, and make available to BSEE representatives for the functional life of all platforms:
</P>
<P>(1) The as-built drawings;
</P>
<P>(2) The design assumptions and analyses;
</P>
<P>(3) A summary of the fabrication and installation nondestructive examination records;
</P>
<P>(4) The inspection results from the inspections required by § 250.919 of this subpart; and
</P>
<P>(5) Records of repairs not covered in the inspection report submitted under § 250.919(b).
</P>
<P>(b) You must record and retain the original material test results of all primary structural materials during all stages of construction. Primary material is material that, should it fail, would lead to a significant reduction in platform safety, structural reliability, or operating capabilities. Items such as steel brackets, deck stiffeners and secondary braces or beams would not generally be considered primary structural members (or materials).
</P>
<P>(c) You must provide BSEE with the location of these records in the certification statement of your application for platform approval as required in § 250.905(j).


</P>
</DIV8>

</DIV7>


<DIV7 N="112" NODE="30:2.0.1.2.3.9.112" TYPE="SUBJGRP">
<HEAD>Platform Approval Program</HEAD>


<DIV8 N="§ 250.904" NODE="30:2.0.1.2.3.9.112.5" TYPE="SECTION">
<HEAD>§ 250.904   What is the Platform Approval Program?</HEAD>
<P>(a) The Platform Approval Program is the BSEE basic approval process for platforms on the OCS. The requirements of the Platform Approval Program are described in §§ 250.904 through 250.908 of this subpart. Completing these requirements will satisfy BSEE criteria for approval of fixed platforms of a proven design that will be placed in the shallow water areas (≤400 ft.) of the Gulf of America OCS.


</P>
<P>(b) The requirements of the Platform Approval Program must be met by all platforms on the OCS. Additionally, if you want approval for a floating platform; a platform of unique design; or a platform being installed in deepwater (&gt; 400 ft.) or a frontier area, you must also meet the requirements of the Platform Verification Program. The requirements of the Platform Verification Program are described in §§ 250.909 through 250.918 of this subpart.


</P>
<CITA TYPE="N">[81 FR 26022, Apr. 29, 2016, as amended at 90 FR 44327, Sept. 15, 2025]
</CITA>
</DIV8>


<DIV8 N="§ 250.905" NODE="30:2.0.1.2.3.9.112.6" TYPE="SECTION">
<HEAD>§ 250.905   How do I get approval for the installation, modification, or repair of my platform?</HEAD>
<P>The Platform Approval Program requires that you submit the information, documents, and fee listed in the following table for your proposed project. In lieu of submitting the paper copies specified in the table, you may submit your application electronically in accordance with 30 CFR 250.186(a)(3).
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Required submittal
</TH><TH class="gpotbl_colhed" scope="col">Required contents
</TH><TH class="gpotbl_colhed" scope="col">Other requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Application cover letter</TD><TD align="left" class="gpotbl_cell">Proposed structure designation, lease number, area, name, and block number, and the type of facility your facility (e.g., drilling, production, quarters). The structure designation must be unique for the field (some fields are made up of several blocks); <E T="03">i.e.</E> once a platform “A” has been used in the field there should never be another platform “A” even if the old platform “A” has been removed. Single well free standing caissons should be given the same designation as the well. All other structures are to be designated by letter designations</TD><TD align="left" class="gpotbl_cell">You must submit three copies. If, your facility is subject to the Platform Verification Program (PVP), you must submit four copies.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Location plat</TD><TD align="left" class="gpotbl_cell">Latitude and longitude coordinates, Universal Mercator grid-system coordinates, state plane coordinates in the Lambert or Transverse Mercator Projection System, and distances in feet from the nearest block lines. These coordinates must be based on the NAD (North American Datum) 27 datum plane coordinate system</TD><TD align="left" class="gpotbl_cell">Your plat must be drawn to a scale of 1 inch equals 2,000 feet and include the coordinates of the lease block boundary lines. You must submit three copies.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Front, Side, and Plan View drawings</TD><TD align="left" class="gpotbl_cell">Platform dimensions and orientation, elevations relative to M.L.L.W. (Mean Lower Low Water), and pile sizes and penetration</TD><TD align="left" class="gpotbl_cell">Your drawing sizes must not exceed 11″ × 17″. You must submit three copies (four copies for PVP applications).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Complete set of structural drawings</TD><TD align="left" class="gpotbl_cell">The approved for construction fabrication drawings should be submitted including; e.g., cathodic protection systems; jacket design; pile foundations; drilling, production, and pipeline risers and riser tensioning systems; turrets and turret-and-hull interfaces; mooring and tethering systems; foundations and anchoring systems</TD><TD align="left" class="gpotbl_cell">Your drawing sizes must not exceed 11″ × 17″. You must submit one copy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Summary of environmental data</TD><TD align="left" class="gpotbl_cell">A summary of the environmental data described in the applicable standards referenced under § 250.901(a) of this subpart and in § 250.198 of Subpart A, where the data is used in the design or analysis of the platform. Examples of relevant data include information on waves, wind, current, tides, temperature, snow and ice effects, marine growth, and water depth</TD><TD align="left" class="gpotbl_cell">You must submit one copy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) Summary of the engineering design data</TD><TD align="left" class="gpotbl_cell">Loading information (e.g., live, dead, environmental), structural information (e.g., design-life; material types; cathodic protection systems; design criteria; fatigue life; jacket design; deck design; production component design; pile foundations; drilling, production, and pipeline risers and riser tensioning systems; turrets and turret-and-hull interfaces; foundations, foundation pilings and templates, and anchoring systems; mooring or tethering systems; fabrication and installation guidelines), and foundation information (e.g., soil stability, design criteria)</TD><TD align="left" class="gpotbl_cell">You must submit one copy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) Project-specific studies used in the platform design or installation</TD><TD align="left" class="gpotbl_cell">All studies pertinent to platform design or installation, e.g., oceanographic and/or soil reports including the overall site investigative report required in § 250.906</TD><TD align="left" class="gpotbl_cell">You must submit one copy of each study.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(h) Description of the loads imposed on the facility</TD><TD align="left" class="gpotbl_cell">Loads imposed by jacket; decks; production components; drilling, production, and pipeline risers, and riser tensioning systems; turrets and turret-and-hull interfaces; foundations, foundation pilings and templates, and anchoring systems; and mooring or tethering systems</TD><TD align="left" class="gpotbl_cell">You must submit one copy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Summary of safety factors utilized</TD><TD align="left" class="gpotbl_cell">A summary of pertinent derived factors of safety against failure for major structural members, e.g., unity check ratios exceeding 0.85 for steel-jacket platform members, indicated on “line” sk<E T="03">etc</E>hes of jacket sections</TD><TD align="left" class="gpotbl_cell">You must submit one copy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(j) A copy of the in-service inspection plan</TD><TD align="left" class="gpotbl_cell">This plan is described in § 250.919</TD><TD align="left" class="gpotbl_cell">You must submit one copy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(k) Certification statement</TD><TD align="left" class="gpotbl_cell">The following statement: “The design of this structure has been certified by a recognized classification society, or a registered civil or structural engineer or equivalent, or a naval architect or marine engineer or equivalent, specializing in the design of offshore structures. The certified design and as-built plans and specifications will be on file at (give location)”</TD><TD align="left" class="gpotbl_cell">An authorized company representative must sign the statement. You must submit one copy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(l) Payment of the service fee listed in § 250.125.</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.906" NODE="30:2.0.1.2.3.9.112.7" TYPE="SECTION">
<HEAD>§ 250.906   What must I do to obtain approval for the proposed site of my platform?</HEAD>
<P>(a) <I>Shallow hazards surveys.</I> You must perform a high-resolution or acoustic-profiling survey to obtain information on the conditions existing at and near the surface of the seafloor. You must collect information through this survey sufficient to determine the presence of the following features and their likely effects on your proposed platform:
</P>
<P>(1) Shallow faults;
</P>
<P>(2) Gas seeps or shallow gas;
</P>
<P>(3) Slump blocks or slump sediments;
</P>
<P>(4) Shallow water flows;
</P>
<P>(5) Hydrates; or
</P>
<P>(6) Ice scour of seafloor sediments.
</P>
<P>(b) <I>Geologic surveys.</I> You must perform a geological survey relevant to the design and siting of your platform. Your geological survey must assess:
</P>
<P>(1) Seismic activity at your proposed site;
</P>
<P>(2) Fault zones, the extent and geometry of faulting, and attenuation effects of geologic conditions near your site; and
</P>
<P>(3) For platforms located in producing areas, the possibility and effects of seafloor subsidence.
</P>
<P>(c) <I>Subsurface surveys.</I> Depending upon the design and location of your proposed platform and the results of the shallow hazard and geologic surveys, the Regional Supervisor may require you to perform a subsurface survey. This survey will include a testing program for investigating the stratigraphic and engineering properties of the soil that may affect the foundations or anchoring systems for your facility. The testing program must include adequate in situ testing, boring, and sampling to examine all important soil and rock strata to determine its strength classification, deformation properties, and dynamic characteristics. If required to perform a subsurface survey, you must prepare and submit to the Regional Supervisor a summary report to briefly describe the results of your soil testing program, the various field and laboratory test methods employed, and the applicability of these methods as they pertain to the quality of the samples, the type of soil, and the anticipated design application. You must explain how the engineering properties of each soil stratum affect the design of your platform. In your explanation you must describe the uncertainties inherent in your overall testing program, and the reliability and applicability of each test method.
</P>
<P>(d) <I>Overall site investigation report.</I> You must prepare and submit to the Regional Supervisor an overall site investigation report for your platform that integrates the findings of your shallow hazards surveys and geologic surveys, and, if required, your subsurface surveys. Your overall site investigation report must include analyses of the potential for:
</P>
<P>(1) Scouring of the seafloor;
</P>
<P>(2) Hydraulic instability;
</P>
<P>(3) The occurrence of sand waves;
</P>
<P>(4) Instability of slopes at the platform location;
</P>
<P>(5) Liquefaction, or possible reduction of soil strength due to increased pore pressures;
</P>
<P>(6) Degradation of subsea permafrost layers;
</P>
<P>(7) Cyclic loading;
</P>
<P>(8) Lateral loading;
</P>
<P>(9) Dynamic loading;
</P>
<P>(10) Settlements and displacements;
</P>
<P>(11) Plastic deformation and formation collapse mechanisms; and
</P>
<P>(12) Soil reactions on the platform foundations or anchoring systems.


</P>
</DIV8>


<DIV8 N="§ 250.907" NODE="30:2.0.1.2.3.9.112.8" TYPE="SECTION">
<HEAD>§ 250.907   Where must I locate foundation boreholes?</HEAD>
<P>(a) For fixed or bottom-founded platforms and tension leg platforms, your maximum distance from any foundation pile to a soil boring must not exceed 500 feet.
</P>
<P>(b) For deepwater floating platforms which utilize catenary or taut-leg moorings, you must take borings at the most heavily loaded anchor location, at the anchor points approximately 120 and 240 degrees around the anchor pattern from that boring, and, as necessary, other points throughout the anchor pattern to establish the soil profile suitable for foundation design purposes.


</P>
</DIV8>


<DIV8 N="§ 250.908" NODE="30:2.0.1.2.3.9.112.9" TYPE="SECTION">
<HEAD>§ 250.908   What are the minimum structural fatigue design requirements?</HEAD>
<XREF ID="20260610" REFID="54">Link to an amendment published at 91 FR 35359, June 10, 2026.</XREF>
<P>(a) API RP 2A-WSD, Recommended Practice for Planning, Designing and Constructing Fixed Offshore Platforms (as incorporated by reference in § 250.198), requires that the design fatigue life of each joint and member be twice the intended service life of the structure. When designing your platform, the following table provides minimum fatigue life safety factors for critical structural members and joints.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">Then . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) There is sufficient structural redundancy to prevent catastrophic failure of the platform or structure under consideration,</TD><TD align="left" class="gpotbl_cell">The results of the fatigue analysis must indicate a minimum calculated life of twice the design life of the platform.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) There is not sufficient structural redundancy to prevent catastrophic failure of the platform or structure,</TD><TD align="left" class="gpotbl_cell">The results of a fatigue analysis must indicate a minimum calculated life or three times the design life of the platform.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) The desirable degree of redundancy is significantly reduced as a result of fatigue damage,</TD><TD align="left" class="gpotbl_cell">The results of a fatigue analysis must indicate a minimum calculated life of three times the design life of the platform.</TD></TR></TABLE></DIV></DIV>
<P>(b) The documents incorporated by reference in § 250.901 may require larger safety factors than indicated in paragraph (a) of this section for some key components. When the documents incorporated by reference require a larger safety factor than the chart in paragraph (a) of this section, the requirements of the incorporated document will prevail.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="113" NODE="30:2.0.1.2.3.9.113" TYPE="SUBJGRP">
<HEAD>Platform Verification Program</HEAD>


<DIV8 N="§ 250.909" NODE="30:2.0.1.2.3.9.113.10" TYPE="SECTION">
<HEAD>§ 250.909   What is the Platform Verification Program?</HEAD>
<P>The Platform Verification Program is the BSEE approval process for ensuring that floating platforms; platforms of a new or unique design; platforms in seismic areas; or platforms located in deepwater or frontier areas meet stringent requirements for design and construction. The program is applied during construction of new platforms and major modifications of, or repairs to, existing platforms. These requirements are in addition to the requirements of the Platform Approval Program described in §§ 250.904 through 250.908 of this subpart.


</P>
</DIV8>


<DIV8 N="§ 250.910" NODE="30:2.0.1.2.3.9.113.11" TYPE="SECTION">
<HEAD>§ 250.910   Which of my facilities are subject to the Platform Verification Program?</HEAD>
<P>(a) All new fixed or bottom-founded platforms that meet any of the following five conditions are subject to the Platform Verification Program:
</P>
<P>(1) Platforms installed in water depths exceeding 400 feet (122 meters);
</P>
<P>(2) Platforms having natural periods in excess of 3 seconds;
</P>
<P>(3) Platforms installed in areas of unstable bottom conditions;
</P>
<P>(4) Platforms having configurations and designs which have not previously been used or proven for use in the area; or
</P>
<P>(5) Platforms installed in seismically active areas.
</P>
<P>(b) All new floating platforms are subject to the Platform Verification Program to the extent indicated in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">Then . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Your new floating platform is a buoyant offshore facility that does not have a ship-shaped hull,</TD><TD align="left" class="gpotbl_cell">The entire platform is subject to the Platform Verification Program including the following associated structures:
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Drilling, production, and pipeline risers, and riser tensioning systems (each platform must be designed to accommodate all the loads imposed by all risers and riser does not have tensioning systems);
<br/>(ii) Turrets and turret-and-hull interfaces;
<br/>(iii) Foundations, foundation pilings and templates, and anchoring systems; and
<br/>(iv) Mooring or tethering systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Your new floating platform is a buoyant offshore facility with a ship-shaped hull,</TD><TD align="left" class="gpotbl_cell">Only the following structures that may be associated with a floating platform are subject to the Platform Verification Program:
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Drilling, production, and pipeline risers, and riser tensioning systems (each platform must be designed to accommodate all the loads imposed by all risers and riser tensioning systems);
<br/>(ii) Turrets and turret-and-hull interfaces;
<br/>(iii) Foundations, foundation pilings and templates, and anchoring systems; and
<br/>(iv) Mooring or tethering systems.</TD></TR></TABLE></DIV></DIV>
<P>(c) If a platform is originally subject to the Platform Verification Program, then the conversion of that platform at that same site for a new purpose, or making a major modification of, or major repair to, that platform, is also subject to the Platform Verification Program. A major modification includes any modification that increases loading on a platform by 10 percent or more. A major repair is a corrective operation involving structural members affecting the structural integrity of a portion or all of the platform. Before you make a major modification or repair to a floating platform, you must obtain approval from both the BSEE and the USCG.
</P>
<P>(d) The applicability of Platform Verification Program requirements to other types of facilities will be determined by BSEE on a case-by-case basis.


</P>
</DIV8>


<DIV8 N="§ 250.911" NODE="30:2.0.1.2.3.9.113.12" TYPE="SECTION">
<HEAD>§ 250.911   If my platform is subject to the Platform Verification Program, what must I do?</HEAD>
<P>If your platform, conversion, or major modification or repair meets the criteria in § 250.910, you must:
</P>
<P>(a) Design, fabricate, install, use, maintain and inspect your platform, conversion, or major modification or repair to your platform according to the requirements of this subpart, and the applicable documents listed in § 250.901(a) of this subpart;
</P>
<P>(b) Comply with all the requirements of the Platform Approval Program found in §§ 250.904 through 250.908 of this subpart.
</P>
<P>(c) Submit for the Regional Supervisor's approval three copies each of the design verification, fabrication verification, and installation verification plans required by § 250.912;
</P>
<P>(d) Submit a complete schedule of all phases of design, fabrication, and installation for the Regional Supervisor's approval. You must include a project management timeline, Gantt Chart, that depicts when interim and final reports required by §§ 250.916, 250.917, and 250.918 will be submitted to the Regional Supervisor for each phase. On the timeline, you must break-out the specific scopes of work that inherently stand alone (e.g., deck, mooring systems, tendon systems, riser systems, turret systems).
</P>
<P>(e) Include your nomination of a Certified Verification Agent (CVA) as a part of each verification plan required by § 250.912;
</P>
<P>(f) Follow the additional requirements in §§ 250.913 through 250.918;
</P>
<P>(g) Obtain approval for modifications to approved plans and for major deviations from approved installation procedures from the Regional Supervisor; and
</P>
<P>(h) Comply with applicable USCG regulations for floating OCS facilities.


</P>
</DIV8>


<DIV8 N="§ 250.912" NODE="30:2.0.1.2.3.9.113.13" TYPE="SECTION">
<HEAD>§ 250.912   What plans must I submit under the Platform Verification Program?</HEAD>
<P>If your platform, associated structure, or major modification meets the criteria in § 250.910, you must submit the following plans to the Regional Supervisor for approval:
</P>
<P>(a) <I>Design verification plan.</I> You may submit your design verification plan to BSEE with or subsequent to the submittal of your Development and Production Plan (DPP) or Development Operations Coordination Document (DOCD) to BOEM. Your design verification must be conducted by, or be under the direct supervision of, a registered professional civil or structural engineer or equivalent, or a naval architect or marine engineer or equivalent, with previous experience in directing the design of similar facilities, systems, structures, or equipment. For floating platforms, you must ensure that the requirements of the USCG for structural integrity and stability, e.g., verification of center of gravity, <I>etc.,</I> have been met. Your design verification plan must include the following:
</P>
<P>(1) All design documentation specified in § 250.905 of this subpart;
</P>
<P>(2) Abstracts of the computer programs used in the design process; and
</P>
<P>(3) A summary of the major design considerations and the approach to be used to verify the validity of these design considerations.
</P>
<P>(b) <I>Fabrication verification plan.</I> The Regional Supervisor must approve your fabrication verification plan before you may initiate any related operations. Your fabrication verification plan must include the following:
</P>
<P>(1) Fabrication drawings and material specifications for artificial island structures and major members of concrete-gravity and steel-gravity structures;
</P>
<P>(2) For jacket and floating structures, all the primary load-bearing members included in the space-frame analysis; and
</P>
<P>(3) A summary description of the following:
</P>
<P>(i) Structural tolerances;
</P>
<P>(ii) Welding procedures;
</P>
<P>(iii) Material (concrete, gravel, or silt) placement methods;
</P>
<P>(iv) Fabrication standards;
</P>
<P>(v) Material quality-control procedures;
</P>
<P>(vi) Methods and extent of nondestructive examinations for welds and materials; and
</P>
<P>(vii) Quality assurance procedures.
</P>
<P>(c) <I>Installation verification plan.</I> The Regional Supervisor must approve your installation verification plan before you may initiate any related operations. Your installation verification plan must include:
</P>
<P>(1) A summary description of the planned marine operations;
</P>
<P>(2) Contingencies considered;
</P>
<P>(3) Alternative courses of action; and
</P>
<P>(4) An identification of the areas to be inspected. You must specify the acceptance and rejection criteria to be used for any inspections conducted during installation, and for the post-installation verification inspection.
</P>
<P>(d) You must combine fabrication verification and installation verification plans for manmade islands or platforms fabricated and installed in place.


</P>
</DIV8>


<DIV8 N="§ 250.913" NODE="30:2.0.1.2.3.9.113.14" TYPE="SECTION">
<HEAD>§ 250.913   When must I resubmit Platform Verification Program plans?</HEAD>
<P>(a) You must resubmit any design verification, fabrication verification, or installation verification plan to the Regional Supervisor for approval if:
</P>
<P>(1) The CVA changes;
</P>
<P>(2) The CVA's or assigned personnel's qualifications change; or
</P>
<P>(3) The level of work to be performed changes.
</P>
<P>(b) If only part of a verification plan is affected by one of the changes described in paragraph (a) of this section, you can resubmit only the affected part. You do not have to resubmit the summary of technical details unless you make changes in the technical details.


</P>
</DIV8>


<DIV8 N="§ 250.914" NODE="30:2.0.1.2.3.9.113.15" TYPE="SECTION">
<HEAD>§ 250.914   How do I nominate a CVA?</HEAD>
<P>(a) As part of your design verification, fabrication verification, or installation verification plan, you must nominate a CVA for the Regional Supervisor's approval. You must specify whether the nomination is for the design, fabrication, or installation phase of verification, or for any combination of these phases.
</P>
<P>(b) For each CVA, you must submit a list of documents to be forwarded to the CVA, and a qualification statement that includes the following:
</P>
<P>(1) Previous experience in third-party verification or experience in the design, fabrication, installation, or major modification of offshore oil and gas platforms. This should include fixed platforms, floating platforms, manmade islands, other similar marine structures, and related systems and equipment;
</P>
<P>(2) Technical capabilities of the individual or the primary staff for the specific project;
</P>
<P>(3) Size and type of organization or corporation;
</P>
<P>(4) In-house availability of, or access to, appropriate technology. This should include computer programs, hardware, and testing materials and equipment;
</P>
<P>(5) Ability to perform the CVA functions for the specific project considering current commitments;
</P>
<P>(6) Previous experience with BSEE requirements and procedures;
</P>
<P>(7) The level of work to be performed by the CVA.


</P>
</DIV8>


<DIV8 N="§ 250.915" NODE="30:2.0.1.2.3.9.113.16" TYPE="SECTION">
<HEAD>§ 250.915   What are the CVA's primary responsibilities?</HEAD>
<P>(a) The CVA must conduct specified reviews according to §§ 250.916, 250.917, and 250.918 of this subpart.
</P>
<P>(b) Individuals or organizations acting as CVAs must not function in any capacity that would create a conflict of interest, or the appearance of a conflict of interest.
</P>
<P>(c) The CVA must consider the applicable provisions of the documents listed in § 250.901(a); the alternative codes, rules, and standards approved under § 250.901(b); and the requirements of this subpart.
</P>
<P>(d) The CVA is the primary contact with the Regional Supervisor and is directly responsible for providing immediate reports of all incidents that affect the design, fabrication and installation of the platform.


</P>
</DIV8>


<DIV8 N="§ 250.916" NODE="30:2.0.1.2.3.9.113.17" TYPE="SECTION">
<HEAD>§ 250.916   What are the CVA's primary duties during the design phase?</HEAD>
<P>(a) The CVA must use good engineering judgment and practices in conducting an independent assessment of the design of the platform, major modification, or repair. The CVA must ensure that the platform, major modification, or repair is designed to withstand the environmental and functional load conditions appropriate for the intended service life at the proposed location.
</P>
<P>(b) Primary duties of the CVA during the design phase include the following:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of facility . . .
</TH><TH class="gpotbl_colhed" scope="col">The CVA must . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) For fixed platforms and non-ship-shaped floating facilities,</TD><TD align="left" class="gpotbl_cell">Conduct an independent assessment of all proposed:
<br/>(i) Planning criteria;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Operational requirements;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Environmental loading data;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Load determinations;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) Stress analyses;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(vi) Material designations;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(vii) Soil and foundation conditions;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(viii) Safety factors; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ix) Other pertinent parameters of the proposed design.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) For all floating facilities,</TD><TD align="left" class="gpotbl_cell">Ensure that the requirements of the U.S. Coast Guard for structural integrity and stability, e.g., verification of center of gravity, <E T="03">etc.,</E> have been met. The CVA must also consider:
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Drilling, production, and pipeline risers, and riser tensioning systems;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Turrets and turret-and-hull interfaces;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Foundations, foundation pilings and templates, and anchoring systems; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Mooring or tethering systems.</TD></TR></TABLE></DIV></DIV>
<P>(c) The CVA must submit interim reports and a final report to the Regional Supervisor, and to you, during the design phase in accordance with the approved schedule required by § 250.911(d). In each interim and final report the CVA must:
</P>
<P>(1) Provide a summary of the material reviewed and the CVA's findings;
</P>
<P>(2) In the final CVA report, make a recommendation that the Regional Supervisor either accept, request modifications, or reject the proposed design unless such a recommendation has been previously made in an interim report;
</P>
<P>(3) Describe the particulars of how, by whom, and when the independent review was conducted; and
</P>
<P>(4) Provide any additional comments the CVA deems necessary.


</P>
</DIV8>


<DIV8 N="§ 250.917" NODE="30:2.0.1.2.3.9.113.18" TYPE="SECTION">
<HEAD>§ 250.917   What are the CVA's primary duties during the fabrication phase?</HEAD>
<P>(a) The CVA must use good engineering judgment and practices in conducting an independent assessment of the fabrication activities. The CVA must monitor the fabrication of the platform or major modification to ensure that it has been built according to the approved design and the fabrication plan. If the CVA finds that fabrication procedures are changed or design specifications are modified, the CVA must inform you. If you accept the modifications, then the CVA must so inform the Regional Supervisor.
</P>
<P>(b) Primary duties of the CVA during the fabrication phase include the following:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of facility . . .
</TH><TH class="gpotbl_colhed" scope="col">The CVA must . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) For all fixed platforms and non-ship-shaped floating facilities,</TD><TD align="left" class="gpotbl_cell">Make periodic onsite inspections while fabrication is in progress and must verify the following fabrication items, as appropriate:
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Quality control by lessee and builder;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Fabrication site facilities;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Material quality and identification methods;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Fabrication procedures specified in the approved plan, and adherence to such procedures;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) Welder and welding procedure qualification and identification;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(vi) Structural tolerances specified and adherence to those tolerances;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(vii) The nondestructive examination requirements, and evaluation results of the specified examinations;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(viii) Destructive testing requirements and results;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ix) Repair procedures;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(x) Installation of corrosion-protection systems and splash-zone protection;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(xi) Erection procedures to ensure that overstressing of structural members does not occur;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(xii) Alignment procedures;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(xiii) Dimensional check of the overall structure, including any turrets, turret-and-hull interfaces, any mooring line and chain and riser tensioning line segments; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(xiv) Status of quality-control records at various stages of fabrication.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) For all floating facilities,</TD><TD align="left" class="gpotbl_cell">Ensure that the requirements of the U.S. Coast Guard floating for structural integrity and stability, e.g., verification of center of gravity, <E T="03">etc.,</E> have been met. The CVA must also consider:
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) Drilling, production, and pipeline risers, and riser tensioning systems (at least for the initial fabrication of these elements);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Turrets and turret-and-hull interfaces;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Foundation pilings and templates, and anchoring systems; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Mooring or tethering systems.</TD></TR></TABLE></DIV></DIV>
<P>(c) The CVA must submit interim reports and a final report to the Regional Supervisor, and to you, during the fabrication phase in accordance with the approved schedule required by § 250.911(d). In each interim and final report the CVA must:
</P>
<P>(1) Give details of how, by whom, and when the independent monitoring activities were conducted;
</P>
<P>(2) Describe the CVA's activities during the verification process;
</P>
<P>(3) Summarize the CVA's findings;
</P>
<P>(4) Confirm or deny compliance with the design specifications and the approved fabrication plan;
</P>
<P>(5) In the final CVA report, make a recommendation to accept or reject the fabrication unless such a recommendation has been previously made in an interim report; and
</P>
<P>(6) Provide any additional comments that the CVA deems necessary.


</P>
</DIV8>


<DIV8 N="§ 250.918" NODE="30:2.0.1.2.3.9.113.19" TYPE="SECTION">
<HEAD>§ 250.918   What are the CVA's primary duties during the installation phase?</HEAD>
<P>(a) The CVA must use good engineering judgment and practice in conducting an independent assessment of the installation activities.
</P>
<P>(b) Primary duties of the CVA during the installation phase include the following:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">The CVA must . . .
</TH><TH class="gpotbl_colhed" scope="col">Operation or equipment to be inspected . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Verify, as appropriate,</TD><TD align="left" class="gpotbl_cell">(i) Loadout and initial flotation operations;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Towing operations to the specified location, and review the towing records;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Launching and uprighting operations;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Submergence operations;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) Pile or anchor installations;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(vi) Installation of mooring and tethering systems;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(vii) Final deck and component installations; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(viii) Installation at the approved location according to the approved design and the installation plan.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Witness (for a fixed or floating platform),</TD><TD align="left" class="gpotbl_cell">(i) The loadout of the jacket, decks, piles, or structures from each fabrication site;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) The actual installation of the platform or major modification and the related installation activities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Witness (for a floating platform),</TD><TD align="left" class="gpotbl_cell">(i) The loadout of the platform;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) The installation of drilling, production, and pipeline risers, and riser tensioning systems (at least for the initial installation of these elements);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) The installation of turrets and turret-and-hull interfaces;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) The installation of foundation pilings and templates, and anchoring systems; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) The installation of the mooring and tethering systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Conduct an onsite survey,</TD><TD align="left" class="gpotbl_cell">Survey the platform after transportation to the approved location.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Spot-check as necessary to determine compliance with the applicable documents listed in § 250.901(a); the alternative codes, rules and standards approved under § 250.901(b); the requirements listed in § 250.903 and §§ 250.906 through 250.908 of this subpart and the approved plans,</TD><TD align="left" class="gpotbl_cell">(i) Equipment;
<br/>(ii) Procedures; and
<br/>(iii) Recordkeeping.</TD></TR></TABLE></DIV></DIV>
<P>(c) The CVA must submit interim reports and a final report to the Regional Supervisor, and to you, during the installation phase in accordance with the approved schedule required by § 250.911(d). In each interim and final report the CVA must:
</P>
<P>(1) Give details of how, by whom, and when the independent monitoring activities were conducted;
</P>
<P>(2) Describe the CVA's activities during the verification process;
</P>
<P>(3) Summarize the CVA's findings;
</P>
<P>(4) Confirm or deny compliance with the approved installation plan;
</P>
<P>(5) In the final report, make a recommendation to accept or reject the installation unless such a recommendation has been previously made in an interim report; and
</P>
<P>(6) Provide any additional comments that the CVA deems necessary.


</P>
</DIV8>

</DIV7>


<DIV7 N="114" NODE="30:2.0.1.2.3.9.114" TYPE="SUBJGRP">
<HEAD>Inspection, Maintenance, and Assessment of Platforms</HEAD>


<DIV8 N="§ 250.919" NODE="30:2.0.1.2.3.9.114.20" TYPE="SECTION">
<HEAD>§ 250.919   What in-service inspection requirements must I meet?</HEAD>
<XREF ID="20260610" REFID="55">Link to an amendment published at 91 FR 35359, June 10, 2026.</XREF>
<P>(a) You must submit a comprehensive in-service inspection report annually by November 1 to the Regional Supervisor that must include:
</P>
<P>(1) A list of fixed and floating platforms you inspected in the preceding 12 months;
</P>
<P>(2) The extent and area of inspection for both the above-water and underwater portions of the platform and the pertinent components of the mooring system for floating platforms;
</P>
<P>(3) The type of inspection employed (e.g., visual, magnetic particle, ultrasonic testing);
</P>
<P>(4) The overall structural condition of each platform, including a corrosion protection evaluation; and
</P>
<P>(5) A summary of the inspection results indicating what repairs, if any, were needed.
</P>
<P>(b) If any of your structures have been exposed to a natural occurrence (e.g., hurricane, earthquake, or tropical storm), the Regional Supervisor may require you to submit an initial report of all structural damage, followed by subsequent updates, which include the following:
</P>
<P>(1) A list of affected structures;
</P>
<P>(2) A timetable for conducting the inspections described in section 14.4.3 of API RP 2A-WSD (as incorporated by reference in § 250.198); and
</P>
<P>(3) An inspection plan for each structure that describes the work you will perform to determine the condition of the structure.
</P>
<P>(c) The Regional Supervisor may also require you to submit the results of the inspections referred to in paragraph (b)(2) of this section, including a description of any detected damage that may adversely affect structural integrity, an assessment of the structure's ability to withstand any anticipated environmental conditions, and any remediation plans. Under §§ 250.900(b)(3) and 250.905, you must obtain approval from BSEE before you make major repairs of any damage unless you meet the requirements of § 250.900(c).


</P>
</DIV8>


<DIV8 N="§ 250.920" NODE="30:2.0.1.2.3.9.114.21" TYPE="SECTION">
<HEAD>§ 250.920   What are the BSEE requirements for assessment of fixed platforms?</HEAD>
<XREF ID="20260610" REFID="56">Link to an amendment published at 91 FR 35359, June 10, 2026.</XREF>
<P>(a) You must document all wells, equipment, and pipelines supported by the platform if you intend to use either the A-2 or A-3 assessment category. Assessment categories are defined in API RP 2A-WSD, Section 17.3 (as incorporated by reference in § 250.198). If BSEE objects to the assessment category you used for your assessment, you may need to redesign and/or modify the platform to adequately demonstrate that the platform is able to withstand the environmental loadings for the appropriate assessment category.
</P>
<P>(b) You must perform an analysis check when your platform will have additional personnel, additional topside facilities, increased environmental or operational loading, inadequate deck height, or suffered significant damage (e.g., experienced damage to primary structural members or conductor guide trays or global structural integrity is adversely affected); or the exposure category changes to a more restrictive level (see Sections 17.2.1 through 17.2.5 of API RP 2A-WSD, incorporated by reference in § 250.198, for a description of assessment initiators).
</P>
<P>(c) You must initiate mitigation actions for platforms that do not pass the assessment process of API RP 2A-WSD. You must submit applications for your mitigation actions (e.g., repair, modification, decommissioning) to the Regional Supervisor for approval before you conduct the work.
</P>
<P>(d) The BSEE may require you to conduct a platform design basis check when the reduced environmental loading criteria contained in API RP 2A-WSD Section 17.6 are not applicable.
</P>
<P>(e) By November 1, 2009, you must submit a complete list of all the platforms you operate, together with all the appropriate data to support the assessment category you assign to each platform and the platform assessment initiators (as defined in API RP 2A-WSD) to the Regional Supervisor. You must submit subsequent complete lists and the appropriate data to support the consequence-of-failure category every 5 years thereafter, or as directed by the Regional Supervisor.
</P>
<P>(f) The use of Section 17, Assessment of Existing Platforms, of API RP 2A-WSD is limited to existing fixed structures that are serving their original approved purpose. You must obtain approval from the Regional Supervisor for any change in purpose of the platform, following the provisions of API RP 2A-WSD, Section 15, Re-use.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.921" NODE="30:2.0.1.2.3.9.114.22" TYPE="SECTION">
<HEAD>§ 250.921   How do I analyze my platform for cumulative fatigue?</HEAD>
<P>(a) If you are required to analyze cumulative fatigue on your platform because of the results of an inspection or platform assessment, you must ensure that the safety factors for critical elements listed in § 250.908 are met or exceeded.
</P>
<P>(b) If the calculated life of a joint or member does not meet the criteria of § 250.908, you must either mitigate the load, strengthen the joint or member, or develop an increased inspection process.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="J" NODE="30:2.0.1.2.3.10" TYPE="SUBPART">
<HEAD>Subpart J—Pipelines and Pipeline Rights-of-Way</HEAD>


<DIV8 N="§ 250.1000" NODE="30:2.0.1.2.3.10.115.1" TYPE="SECTION">
<HEAD>§ 250.1000   General requirements.</HEAD>
<P>(a) Pipelines and associated valves, flanges, and fittings shall be designed, installed, operated, maintained, and abandoned to provide safe and pollution-free transportation of fluids in a manner which does not unduly interfere with other uses in the Outer Continental Shelf (OCS).
</P>
<P>(b) An application must be accompanied by payment of the service fee listed in § 250.125 and submitted to the Regional Supervisor and approval obtained before:
</P>
<P>(1) Installation, modification, or abandonment of a lease term pipeline;
</P>
<P>(2) Installation or modification of a right-of-way (other than lease term) pipeline; or
</P>
<P>(3) Modification or relinquishment of a pipeline right-of way.
</P>
<P>(c)(1) Department of the Interior (DOI) pipelines, as defined in § 250.1001, must meet the requirements in §§ 250.1000 through 250.1008.
</P>
<P>(2) A pipeline right-of-way grant holder must identify in writing to the Regional Supervisor the operator of any pipeline located on its right-of-way, if the operator is different from the right-of-way grant holder.
</P>
<P>(3) A producing operator must identify for its own records, on all existing pipelines located on its lease or right-of-way, the specific points at which operating responsibility transfers to a transporting operator.
</P>
<P>(i) Each producing operator must, if practical, durably mark all of its above-water transfer points as of the date a pipeline begins service.
</P>
<P>(ii) If it is not practical to durably mark a transfer point, and the transfer point is located above water, then the operator must identify the transfer point on a schematic located on the facility.
</P>
<P>(iii) If a transfer point is located below water, then the operator must identify the transfer point on a schematic and provide the schematic to BSEE upon request.
</P>
<P>(iv) If adjoining producing and transporting operators cannot agree on a transfer point, the BSEE Regional Supervisor and the appropriate Department of Transportation (DOT) pipeline official may jointly determine the transfer point.
</P>
<P>(4) The transfer point serves as a regulatory boundary. An operator may request that the BSEE Regional Supervisor grant an exception to this requirement for an individual facility or area. The Regional Supervisor, in consultation with the appropriate DOT pipeline official and affected parties, may grant the request.
</P>
<P>(5) Pipeline segments designed, constructed, maintained, and operated under DOT regulations but transferring to DOI regulation as of October 16, 1998, may continue to operate under DOT design and construction requirements until significant modifications or repairs are made to those segments. After October 16, 1998, BSEE operational and maintenance requirements will apply to those segments.
</P>
<P>(6) Any producer operating a pipeline that crosses into State waters without first connecting to a transporting operator's facility on the OCS must comply with this subpart. Compliance must extend from the point where hydrocarbons are first produced, through and including the last valve and associated safety equipment (e.g., pressure safety sensors) on the last production facility on the OCS.
</P>
<P>(7) Any producer operating a pipeline that connects facilities on the OCS must comply with this subpart.
</P>
<P>(8) Any operator of a pipeline that has a valve on the OCS downstream (landward) of the last production facility may ask in writing that the BSEE Regional Supervisor recognize that valve as the last point BSEE will exercise its regulatory authority.
</P>
<P>(9) A pipeline segment is not subject to BSEE regulations for design, construction, operation, and maintenance if:
</P>
<P>(i) It is downstream (generally shoreward) of the last valve and associated safety equipment on the last production facility on the OCS; and
</P>
<P>(ii) It is subject to regulation under 49 CFR parts 192 and 195.
</P>
<P>(10) DOT may inspect all upstream safety equipment (including valves, over-pressure protection devices, cathodic protection equipment, and pigging devices, <I>etc.</I>) that serve to protect the integrity of DOT-regulated pipeline segments.
</P>
<P>(11) OCS pipeline segments not subject to DOT regulation under 49 CFR parts 192 and 195 are subject to all BSEE regulations.
</P>
<P>(12) A producer may request that its pipeline operate under DOT regulations governing pipeline design, construction, operation, and maintenance.
</P>
<P>(i) The operator's request must be in the form of a written petition to the BSEE Regional Supervisor that states the justification for the pipeline to operate under DOT regulation.
</P>
<P>(ii) The Regional Supervisor will decide, on a case-by-case basis, whether to grant the operator's request. In considering each petition, the Regional Supervisor will consult with the appropriate DOT pipeline official.
</P>
<P>(13) A transporter who operates a pipeline regulated by DOT may request to operate under BSEE regulations governing pipeline operation and maintenance. Any subsequent repairs or modifications will also be subject to BSEE regulations governing design and construction.
</P>
<P>(i) The operator's request must be in the form of a written petition to the appropriate DOT pipeline official and the BSEE Regional Supervisor.
</P>
<P>(ii) The BSEE Regional Supervisor and the appropriate DOT pipeline official will decide how to act on this petition.
</P>
<P>(d) A pipeline which qualifies as a right-of-way pipeline (see § 250.1001, Definitions) shall not be installed until a right-of-way has been requested and granted in accordance with this subpart.
</P>
<P>(e)(1) The Regional Supervisor may suspend any pipeline operation upon a determination by the Regional Supervisor that continued activity would threaten or result in serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, mineral deposits, or the marine, coastal, or human environment.
</P>
<P>(2) The Regional Supervisor may also suspend pipeline operations or a right-of-way grant if the Regional Supervisor determines that the lessee or right-of-way holder has failed to comply with a provision of the Act or any other applicable law, a provision of these or other applicable regulations, or a condition of a permit or right-of-way grant.
</P>
<P>(3) The Secretary of the Interior (Secretary) may cancel a pipeline permit or right-of-way grant in accordance with 43 U.S.C. 1334(a)(2). A right-of-way grant may be forfeited in accordance with 43 U.S.C. 1334(e).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1001" NODE="30:2.0.1.2.3.10.115.2" TYPE="SECTION">
<HEAD>§ 250.1001   Definitions.</HEAD>
<P>Terms used in this subpart shall have the meanings given below:
</P>
<P><I>DOI pipelines</I> include:
</P>
<P>(1) Producer-operated pipelines extending upstream (generally seaward) from each point on the OCS at which operating responsibility transfers from a producing operator to a transporting operator;
</P>
<P>(2) Producer-operated pipelines extending upstream (generally seaward) of the last valve (including associated safety equipment) on the last production facility on the OCS that do not connect to a transporter-operated pipeline on the OCS before crossing into State waters;
</P>
<P>(3) Producer-operated pipelines connecting production facilities on the OCS;
</P>
<P>(4) Transporter-operated pipelines that DOI and DOT have agreed are to be regulated as DOI pipelines; and
</P>
<P>(5) All OCS pipelines not subject to regulation under 49 CFR parts 192 and 195.
</P>
<P><I>DOT pipelines</I> include:
</P>
<P>(1) Transporter-operated pipelines currently operated under DOT requirements governing design, construction, maintenance, and operation;
</P>
<P>(2) Producer-operated pipelines that DOI and DOT have agreed are to be regulated under DOT requirements governing design, construction, maintenance, and operation; and
</P>
<P>(3) Producer-operated pipelines downstream (generally shoreward) of the last valve (including associated safety equipment) on the last production facility on the OCS that do not connect to a transporter-operated pipeline on the OCS before crossing into State waters and that are regulated under 49 CFR parts 192 and 195.
</P>
<P><I>Lease term pipelines</I> are those pipelines owned and operated by a lessee or operator and are wholly contained within the boundaries of a single lease, unitized leases, or contiguous (not cornering) leases of that lessee or operator.
</P>
<P><I>Out-of-service pipelines</I> are those pipelines that have not been used to transport oil, natural gas, sulfur, or produced water for more than 30 consecutive days.
</P>
<P><I>Pipelines</I> are the piping, risers, and appurtenances installed for the purpose of transporting oil, gas, sulphur, and produced water. (Piping confined to a production platform or structure is covered in Subpart H, Production Safety Systems, and is excluded from this subpart.)
</P>
<P><I>Production facilities</I> means OCS facilities that receive hydrocarbon production either directly from wells or from other facilities that produce hydrocarbons from wells. They may include processing equipment for treating the production or separating it into its various liquid and gaseous components before transporting it to shore.
</P>
<P><I>Right-of-way pipelines</I> are those pipelines which—
</P>
<P>(1) Are contained within the boundaries of a single lease or group of unitized leases but are not owned and operated by the lessee or operator of that lease or unit,
</P>
<P>(2) Are contained within the boundaries of contiguous (not cornering) leases which do not have a common lessee or operator,
</P>
<P>(3) Are contained within the boundaries of contiguous (not cornering) leases which have a common lessee or operator but are not owned and operated by that common lessee or operator, or
</P>
<P>(4) Cross any portion of an unleased block(s).


</P>
</DIV8>


<DIV8 N="§ 250.1002" NODE="30:2.0.1.2.3.10.115.3" TYPE="SECTION">
<HEAD>§ 250.1002   Design requirements for DOI pipelines.</HEAD>
<XREF ID="20260610" REFID="57">Link to an amendment published at 91 FR 35359, June 10, 2026.</XREF>
<P>(a) The internal design pressure for steel pipe shall be determined in accordance with the following formula:
</P>
<img src="/graphics/er18oc11.000.gif"/>
<P>For limitations see section 841.121 of American National Standards Institute (ANSI) B31.8 (as incorporated by reference in § 250.198) where—
</P>
<EXTRACT>
<FP-2>P = Internal design pressure in pounds per square inch (psi).
</FP-2>
<FP-2>S = Specified minimum yield strength, in psi, stipulated in the specification under which the pipe was purchased from the manufacturer or determined in accordance with section 811.253(h) of ANSI B31.8.
</FP-2>
<FP-2>D = Nominal outside diameter of pipe, in inches.
</FP-2>
<FP-2>t = Nominal wall thickness, in inches.
</FP-2>
<FP-2>F = Construction design factor of 0.72 for the submerged component and 0.60 for the riser component.
</FP-2>
<FP-2>E = Longitudinal joint factor obtained from Table 841.1B of ANSI B31.8 (see also section 811.253(d)).
</FP-2>
<FP-2>T = Temperature derating factor obtained from Table 841.1C of ANSI B31.8.</FP-2></EXTRACT>
<P>(b)(1) Pipeline valves shall meet the minimum design requirements of ANSI/API Spec 6A (as incorporated by reference in § 250.198), ANSI/API Spec 6D (as incorporated by reference in § 250.198), or the equivalent. A valve may not be used under operating conditions that exceed the applicable pressure-temperature ratings contained in those standards.
</P>
<P>(2) Pipeline flanges and flange accessories shall meet the minimum design requirements of ANSI/ASME B16.5, ANSI/API Spec 6A, or the equivalent (as incorporated by reference in § 250.198). Each flange assembly must be able to withstand the maximum pressure at which the pipeline is to be operated and to maintain its physical and chemical properties at any temperature to which it is anticipated that it might be subjected in service.
</P>
<P>(3) Pipeline fittings shall have pressure-temperature ratings based on stresses for pipe of the same or equivalent material. The actual bursting strength of the fitting shall at least be equal to the computed bursting strength of the pipe.
</P>
<P>(4) If you are installing pipelines constructed of unbonded flexible pipe, you must design them according to the standards and procedures of ANSI/API Spec. 17J, as incorporated by reference in § 250.198.
</P>
<P>(5) You must design pipeline risers for tension leg platforms and other floating platforms according to the design standards of API RP 2RD, Design of Risers for Floating Production Systems (FPSs) and Tension Leg Platforms (TLPs) (as incorporated by reference in § 250.198).
</P>
<P>(c) The maximum allowable operating pressure (MAOP) shall not exceed the least of the following:
</P>
<P>(1) Internal design pressure of the pipeline, valves, flanges, and fittings;
</P>
<P>(2) Eighty percent of the hydrostatic pressure test (HPT) pressure of the pipeline; or
</P>
<P>(3) If applicable, the MAOP of the receiving pipeline when the proposed pipeline and the receiving pipeline are connected at a subsea tie-in.
</P>
<P>(d) If the maximum source pressure (MSP) exceeds the pipeline's MAOP, you must install and maintain redundant safety devices meeting the requirements of section A9 of API RP 14C (as incorporated by reference in § 250.198). Pressure safety valves (PSV) may be used only after a determination by the Regional Supervisor that the pressure will be relieved in a safe and pollution-free manner. The setting level at which the primary and redundant safety equipment actuates shall not exceed the pipeline's MAOP.
</P>
<P>(e) Pipelines shall be provided with an external protective coating capable of minimizing underfilm corrosion and a cathodic protection system designed to mitigate corrosion for at least 20 years.
</P>
<P>(f) Pipelines shall be designed and maintained to mitigate any reasonably anticipated detrimental effects of water currents, storm or ice scouring, soft bottoms, mud slides, earthquakes, subfreezing temperatures, and other environmental factors.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 83 FR 49263, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.1003" NODE="30:2.0.1.2.3.10.115.4" TYPE="SECTION">
<HEAD>§ 250.1003   Installation, testing, and repair requirements for DOI pipelines.</HEAD>
<P>(a)(1) Pipelines greater than 8
<FR>5/8</FR> inches in diameter and installed in water depths of less than 200 feet shall be buried to a depth of at least 3 feet unless they are located in pipeline congested areas or seismically active areas as determined by the Regional Supervisor. Nevertheless, the Regional Supervisor may require burial of any pipeline if the Regional Supervisor determines that such burial will reduce the likelihood of environmental degradation or that the pipeline may constitute a hazard to trawling operations or other uses. A trawl test or diver survey may be required to determine whether or not pipeline burial is necessary or to determine whether a pipeline has been properly buried.
</P>
<P>(2) Pipeline valves, taps, tie-ins, capped lines, and repaired sections that could be obstructive shall be provided with at least 3 feet of cover unless the Regional Supervisor determines that such items present no hazard to trawling or other operations. A protective device may be used to cover an obstruction in lieu of burial if it is approved by the Regional Supervisor prior to installation.
</P>
<P>(3) Pipelines shall be installed with a minimum separation of 18 inches at pipeline crossings and from obstructions.
</P>
<P>(4) Pipeline risers installed after April 1, 1988, shall be protected from physical damage that could result from contact with floating vessels. Riser protection on pipelines installed on or before April 1, 1988, may be required when the Regional Supervisor determines that significant damage potential exists.
</P>
<P>(b)(1) Pipelines shall be pressure tested with water at a stabilized pressure of at least 1.25 times the MAOP for at least 8 hours when installed, relocated, uprated, or reactivated after being out-of-service for more than 1 year.
</P>
<P>(2) Prior to returning a pipeline to service after a repair, the pipeline shall be pressure tested with water or processed natural gas at a minimum stabilized pressure of at least 1.25 times the MAOP for at least 2 hours.
</P>
<P>(3) Pipelines shall not be pressure tested at a pressure which produces a stress in the pipeline in excess of 95 percent of the specified minimum-yield strength of the pipeline. A temperature recorder measuring test fluid temperature synchronized with a pressure recorder along with deadweight test readings shall be employed for all pressure testing. When a pipeline is pressure tested, no observable leakage shall be allowed. Pressure gauges and recorders shall be of sufficient accuracy to verify that leakage is not occurring.
</P>
<P>(4) The Regional Supervisor may require pressure testing of pipelines to verify the integrity of the system when the Regional Supervisor determines that there is a reasonable likelihood that the line has been damaged or weakened by external or internal conditions.
</P>
<P>(c) When a pipeline is repaired utilizing a clamp, the clamp shall be a full encirclement clamp able to withstand the anticipated pipeline pressure.


</P>
</DIV8>


<DIV8 N="§ 250.1004" NODE="30:2.0.1.2.3.10.115.5" TYPE="SECTION">
<HEAD>§ 250.1004   Safety equipment requirements for DOI pipelines.</HEAD>
<XREF ID="20260610" REFID="58">Link to an amendment published at 91 FR 35360, June 10, 2026.</XREF>
<P>(a) The lessee shall ensure the proper installation, operation, and maintenance of safety devices required by this section on all incoming, departing, and crossing pipelines on platforms.
</P>
<P>(b)(1)(i) Incoming pipelines to a platform shall be equipped with a flow safety valve (FSV).
</P>
<P>(ii) For sulphur operations, incoming pipelines delivering gas to the power plant platform may be equipped with high- and low-pressure sensors (PSHL), which activate audible and visual alarms in lieu of requirements in paragraph (b)(1)(i) of this section. The PSHL shall be set at 15 percent or 5 psi, whichever is greater, above and below the normal operating pressure range.
</P>
<P>(2) Incoming pipelines boarding a production platform shall be equipped with an automatic shutdown valve (SDV) immediately upon boarding the platform. The SDV shall be connected to the automatic- and remote-emergency shut-in systems.
</P>
<P>(3) Departing pipelines receiving production from production facilities shall be protected by high- and low-pressure sensors (PSHL) to directly or indirectly shut in all production facilities. The PSHL shall be set not to exceed 15 percent above and below the normal operating pressure range. However, high pilots shall not be set above the pipeline's MAOP.
</P>
<P>(4) Crossing pipelines on production or manned nonproduction platforms which do not receive production from the platform shall be equipped with an SDV immediately upon boarding the platform. The SDV shall be operated by a PSHL on the departing pipelines and connected to the platform automatic- and remote-emergency shut-in systems.
</P>
<P>(5) The Regional Supervisor may require that oil pipelines be equipped with a metering system to provide a continuous volumetric comparison between the input to the line at the structure(s) and the deliveries onshore. The system shall include an alarm system and shall be of adequate sensitivity to detect variations between input and discharge volumes. In lieu of the foregoing, a system capable of detecting leaks in the pipeline may be substituted with the approval of the Regional Supervisor.
</P>
<P>(6) Pipelines incoming to a subsea tie-in shall be equipped with a block valve and an FSV. Bidirectional pipelines connected to a subsea tie-in shall be equipped with only a block valve.
</P>
<P>(7) Gas-lift or water-injection pipelines on unmanned platforms need only be equipped with an FSV installed immediately upstream of each casing annulus or the first inlet valve on the christmas tree.
</P>
<P>(8) Bidirectional pipelines shall be equipped with a PSHL and an SDV immediately upon boarding each platform.
</P>
<P>(9) Pipeline pumps must comply with section A7 of API RP 14C (as incorporated by reference in § 250.198). The setting levels for the PSHL devices are specified in paragraph (b)(3) of this section.
</P>
<P>(c) If the required safety equipment is rendered ineffective or removed from service on pipelines which are continued in operation, an equivalent degree of safety shall be provided. The safety equipment shall be identified by the placement of a sign on the equipment stating that the equipment is rendered ineffective or removed from service.


</P>
</DIV8>


<DIV8 N="§ 250.1005" NODE="30:2.0.1.2.3.10.115.6" TYPE="SECTION">
<HEAD>§ 250.1005   Inspection requirements for DOI pipelines.</HEAD>
<P>(a) Pipeline routes shall be inspected at time intervals and methods prescribed by the Regional Supervisor for indication of pipeline leakage. The results of these inspections shall be retained for at least 2 years and be made available to the Regional Supervisor upon request.
</P>
<P>(b) When pipelines are protected by rectifiers or anodes for which the initial life expectancy of the cathodic protection system either cannot be calculated or calculations indicate a life expectancy of less than 20 years, such pipelines shall be inspected annually by taking measurements of pipe-to-electrolyte potential.


</P>
</DIV8>


<DIV8 N="§ 250.1006" NODE="30:2.0.1.2.3.10.115.7" TYPE="SECTION">
<HEAD>§ 250.1006   How must I decommission and take out of service a DOI pipeline?</HEAD>
<P>(a) The requirements for decommissioning pipelines are listed in § 250.1750 through § 250.1754.
</P>
<P>(b) The table in this section lists the requirements if you take a DOI pipeline out of service:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have the pipeline out of service for:
</TH><TH class="gpotbl_colhed" scope="col">Then you must:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) 1 year or less,</TD><TD align="left" class="gpotbl_cell">Isolate the pipeline with a blind flange or a closed block valve at each end of the pipeline.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) More than 1 year but less than 5 years,</TD><TD align="left" class="gpotbl_cell">Flush and fill the pipeline with inhibited seawater.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) 5 or more years,</TD><TD align="left" class="gpotbl_cell">Decommission the pipeline according to §§ 250.1750-250.1754.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.1007" NODE="30:2.0.1.2.3.10.115.8" TYPE="SECTION">
<HEAD>§ 250.1007   What to include in applications.</HEAD>
<XREF ID="20260610" REFID="59">Link to an amendment published at 91 FR 35360, June 10, 2026.</XREF>
<P>(a) Applications to install a lease term pipeline or for a pipeline right-of-way grant must be submitted in quadruplicate to the Regional Supervisor. Right-of-way grant applications must include an identification of the operator of the pipeline. Each application must include the following:
</P>
<P>(1) Plat(s) drawn to a scale specified by the Regional Supervisor showing major features and other pertinent data including area, lease, and block designations; water depths; route; length in Federal waters; width of right-of-way, if applicable; connecting facilities; size; product(s) to be transported with anticipated gravity or density; burial depth; direction of flow; X-Y coordinates of key points; and the location of other pipelines that will be connected to or crossed by the proposed pipeline(s). The initial and terminal points of the pipeline and any continuation into State jurisdiction shall be accurately located even if the pipeline is to have an onshore terminal point. A plat(s) submitted for a pipeline right-of-way shall bear a signed certificate upon its face by the engineer who made the map that certifies that the right-of-way is accurately represented upon the map and that the design characteristics of the associated pipeline are in accordance with applicable regulations.
</P>
<P>(2) A schematic drawing showing the size, weight, grade, wall thickness, and type of line pipe and risers; pressure-regulating devices (including back-pressure regulators); sensing devices with associated pressure-control lines; PSV's and settings; SDV's, FSV's, and block valves; and manifolds. This schematic drawing shall also show input source(s), e.g., wells, pumps, compressors, and vessels; maximum input pressure(s); the rated working pressure, as specified by ANSI or API, of all valves, flanges, and fittings; the initial receiving equipment and its rated working pressure; and associated safety equipment and pig launchers and receivers. The schematic must indicate the point on the OCS at which operating responsibility transfers between a producing operator and a transporting operator.
</P>
<P>(3) General information as follows:
</P>
<P>(i) Description of cathodic protection system. If pipeline anodes are to be used, specify the type, size, weight, number, spacing, and anticipated life;
</P>
<P>(ii) Description of external pipeline coating system;
</P>
<P>(iii) Description of internal protective measures;
</P>
<P>(iv) Specific gravity of the empty pipe;
</P>
<P>(v) MSP;
</P>
<P>(vi) MAOP and calculations used in its determination;
</P>
<P>(vii) Hydrostatic test pressure, medium, and period of time that the line will be tested;
</P>
<P>(viii) MAOP of the receiving pipeline or facility,
</P>
<P>(ix) Proposed date for commencing installation and estimated time for construction; and
</P>
<P>(x) Type of protection to be afforded crossing pipelines, subsea valves, taps, and manifold assemblies, if applicable.
</P>
<P>(4) A description of any additional design precautions you took to enable the pipeline to withstand the effects of water currents, storm or ice scouring, soft bottoms, mudslides, earthquakes, permafrost, and other environmental factors.
</P>
<P>(i) If you propose to use unbonded flexible pipe, your application must include:
</P>
<P>(A) The manufacturer's design specification sheet;
</P>
<P>(B) The design pressure (psi);
</P>
<P>(C) An identification of the design standards you used; and
</P>
<P>(D) A review by a third-party independent verification agent (IVA) according to ANSI/API Spec. 17J (as incorporated by reference in § 250.198), if applicable.
</P>
<P>(ii) If you propose to use one or more pipeline risers for a tension leg platform or other floating platform, your application must include:
</P>
<P>(A) The design fatigue life of the riser, with calculations, and the fatigue point at which you would replace the riser;
</P>
<P>(B) The results of your vortex-induced vibration (VIV) analysis;
</P>
<P>(C) An identification of the design standards you used; and
</P>
<P>(D) A description of any necessary mitigation measures such as the use of helical strakes or anchoring devices.
</P>
<P>(5) The application shall include a shallow hazards survey report and, if required by the Regional Director, an archaeological resource report that covers the entire length of the pipeline. A shallow hazards analysis may be included in a lease term pipeline application in lieu of the shallow hazards survey report with the approval of the Regional Director. The Regional Director may require the submission of the data upon which the report or analysis is based.
</P>
<P>(b) Applications to modify an approved lease term pipeline or right-of-way grant shall be submitted in quadruplicate to the Regional Supervisor. These applications need only address those items in the original application affected by the proposed modification.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 83 FR 49263, Sept. 28, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 250.1008" NODE="30:2.0.1.2.3.10.115.9" TYPE="SECTION">
<HEAD>§ 250.1008   Reports.</HEAD>
<P>(a) The lessee, or right-of-way holder, shall notify the Regional Supervisor at least 48 hours prior to commencing the installation or relocation of a pipeline or conducting a pressure test on a pipeline.
</P>
<P>(b) The lessee or right-of-way holder shall submit a report to the Regional Supervisor within 90 days after completion of any pipeline construction. The report, submitted in triplicate, shall include an “as-built” location plat drawn to a scale specified by the Regional Supervisor showing the location, length in Federal waters, and X-Y coordinates of key points; the completion date; the proposed date of first operation; and the HPT data. Pipeline right-of-way “as-built” location plats shall be certified by a registered engineer or land surveyor and show the boundaries of the right-of-way as granted. If there is a substantial deviation of the pipeline route as granted in the right-of-way, the report shall include a discussion of the reasons for such deviation.
</P>
<P>(c) The lessee or right-of-way holder shall report to the Regional Supervisor any pipeline taken out of service. If the period of time in which the pipeline is out of service is greater than 60 days, written confirmation is also required.
</P>
<P>(d) The lessee or right-of-way holder shall report to the Regional Supervisor when any required pipeline safety equipment is taken out of service for more than 12 hours. The Regional Supervisor shall be notified when the equipment is returned to service.
</P>
<P>(e) The lessee or right-of-way holder must notify the Regional Supervisor before the repair of any pipeline or as soon as practicable. Your notification must be accompanied by payment of the service fee listed in § 250.125. You must submit a detailed report of the repair of a pipeline or pipeline component to the Regional Supervisor within 30 days after the completion of the repairs. In the report you must include the following:
</P>
<P>(1) Description of repairs;
</P>
<P>(2) Results of pressure test; and
</P>
<P>(3) Date returned to service.
</P>
<P>(f) The Regional Supervisor may require that DOI pipeline failures be analyzed and that samples of a failed section be examined in a laboratory to assist in determining the cause of the failure. A comprehensive written report of the information obtained shall be submitted by the lessee to the Regional Supervisor as soon as available.
</P>
<P>(g) If the effects of scouring, soft bottoms, or other environmental factors are observed to be detrimentally affecting a pipeline, a plan of corrective action shall be submitted to the Regional Supervisor for approval within 30 days of the observation. A report of the remedial action taken shall be submitted to the Regional Supervisor by the lessee or right-of-way holder within 30 days after completion.
</P>
<P>(h) The results and conclusions of measurements of pipe-to-electrolyte potential measurements taken annually on DOI pipelines in accordance with § 250.1005(b) of this part shall be submitted to the Regional Supervisor by the lessee before March of each year.


</P>
</DIV8>


<DIV8 N="§ 250.1009" NODE="30:2.0.1.2.3.10.115.10" TYPE="SECTION">
<HEAD>§ 250.1009   Requirements to obtain pipeline right-of-way grants.</HEAD>
<P>(a) In addition to applicable requirements of §§ 250.1000 through 250.1008 and other regulations of this part, regulations of the Department of Transportation, Department of the Army, and the Federal Energy Regulatory Commission (FERC), when a pipeline qualifies as a right-of-way pipeline, the pipeline shall not be installed until a right-of-way has been requested and granted in accordance with this subpart. The right-of-way grant is issued pursuant to 43 U.S.C. 1334(e) and may be acquired and held only by citizens and nationals of the United States; aliens lawfully admitted for permanent residence in the United States as defined in 8 U.S.C. 1101(a)(20); private, public, or municipal corporations organized under the laws of the United States or territory thereof, the District of Columbia, or of any State; or associations of such citizens, nationals, resident aliens, or private, public, or municipal corporations, States, or political subdivisions of States.
</P>
<P>(b) A right-of-way shall include the site on which the pipeline and associated structures are to be situated, shall not exceed 200 feet in width unless safety and environmental factors during construction and operation of the associated right-of-way pipeline require a greater width, and shall be limited to the area reasonably necessary for pumping stations or other accessory structures.


</P>
</DIV8>


<DIV8 N="§ 250.1010" NODE="30:2.0.1.2.3.10.115.11" TYPE="SECTION">
<HEAD>§ 250.1010   General requirements for pipeline right-of-way holders.</HEAD>
<P>An applicant, by accepting a right-of-way grant, agrees to comply with the following requirements:
</P>
<P>(a) The right-of-way holder shall comply with applicable laws and regulations and the terms of the grant.
</P>
<P>(b) The granting of the right-of-way shall be subject to the express condition that the rights granted shall not prevent or interfere in any way with the management, administration, or the granting of other rights by the United States, either prior or subsequent to the granting of the right-of-way. Moreover, the holder agrees to allow the occupancy and use by the United States, its lessees, or other right-of-way holders, of any part of the right-of-way grant not actually occupied or necessarily incident to its use for any necessary operations involved in the management, administration, or the enjoyment of such other granted rights.
</P>
<P>(c) If the right-of-way holder discovers any archaeological resource while conducting operations within the right-of-way, the right-of-way holder shall immediately halt operations within the area of the discovery and report the discovery to the Regional Director. If investigations determine that the resource is significant, the Regional Director will inform the right-of-way holder how to protect it.
</P>
<P>(d) The Regional Supervisor shall be kept informed at all times of the right-of-way holder's address and, if a corporation, the address of its principal place of business and the name and address of the officer or agent authorized to be served with process.
</P>
<P>(e) The right-of-way holder shall pay the United States or its lessees or right-of-way holders, as the case may be, the full value of all damages to the property of the United States or its said lessees or right-of-way holders and shall indemnify the United States against any and all liability for damages to life, person, or property arising from the occupation and use of the area covered by the right-of-way grant.
</P>
<P>(f)(1) The holder of a right-of-way oil or gas pipeline shall transport or purchase oil or natural gas produced from submerged lands in the vicinity of the pipeline without discrimination and in such proportionate amounts as the FERC may, after a full hearing with due notice thereof to the interested parties, determine to be reasonable, taking into account, among other things, conservation and the prevention of waste.
</P>
<P>(2) Unless otherwise exempted by FERC pursuant to 43 U.S.C. 1334(f)(2), the holder shall:
</P>
<P>(i) Provide open and nondiscriminatory access to a right-of-way pipeline to both owner and nonowner shippers, and
</P>
<P>(ii) Comply with the provisions of 43 U.S.C. 1334(f)(1)(B) under which FERC may order an expansion of the throughput capacity of a right-of-way pipeline which is approved after September 18, 1978, and which is not located in the Gulf of America or the Santa Barbara Channel.


</P>
<P>(g) The area covered by a right-of-way and all improvements thereon shall be kept open at all reasonable times for inspection by the Bureau of Safety and Environmental Enforcement (BSEE). The right-of-way holder shall make available all records relative to the design, construction, operation, maintenance and repair, and investigations on or with regard to such area.
</P>
<P>(h) Upon relinquishment, forfeiture, or cancellation of a right-of-way grant, the right-of-way holder shall remove all platforms, structures, domes over valves, pipes, taps, and valves along the right-of-way. All of these improvements shall be removed by the holder within 1 year of the effective date of the relinquishment, forfeiture, or cancellation unless this requirement is waived in writing by the Regional Supervisor. All such improvements not removed within the time provided herein shall become the property of the United States but that shall not relieve the holder of liability for the cost of their removal or for restoration of the site. Furthermore, the holder is responsible for accidents or damages which might occur as a result of failure to timely remove improvements and equipment and restore a site. An application for relinquishment of a right-of-way grant shall be filed in accordance with § 250.1019 of this part.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 44327, Sept. 15, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 250.1011" NODE="30:2.0.1.2.3.10.115.12" TYPE="SECTION">
<HEAD>§ 250.1011   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.1012" NODE="30:2.0.1.2.3.10.115.13" TYPE="SECTION">
<HEAD>§ 250.1012   Required payments for pipeline right-of-way holders.</HEAD>
<P>(a) You must pay ONRR, under the regulations at 30 CFR part 1218, an annual rental of $15 for each statute mile, or part of a statute mile, of the OCS that your pipeline right-of-way crosses.
</P>
<P>(b) This paragraph applies to you if you obtain a pipeline right-of-way that includes a site for an accessory to the pipeline, including but not limited to a platform. This paragraph also applies if you apply to modify a right-of-way to change the site footprint. In either case, you must pay the amounts shown in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">Then . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Your accessory site is located in water depths of less than 200 meters;</TD><TD align="left" class="gpotbl_cell">You must pay ONRR, under the regulations at 30 CFR part 1218, a rental of $5 per acre per year with a minimum of $450 per year. The area subject to annual rental includes the areal extent of anchor chains, pipeline risers, and other facilities and devices associated with the accessory.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Your accessory site is located in water depths of 200 meters or greater;</TD><TD align="left" class="gpotbl_cell">You must pay ONRR, under the regulations at 30 CFR part 1218, a rental of $7.50 per acre per year with a minimum of $675 per year. The area subject to annual rental includes the areal extent of anchor chains, pipeline risers, and other facilities and devices associated with the accessory.</TD></TR></TABLE></DIV></DIV>
<P>(c) If you hold a pipeline right-of-way that includes a site for an accessory to your pipeline and you are not covered by paragraph (b) of this section, then you must pay ONRR, under the regulations at 30 CFR part 1218, an annual rental of $75 for use of the affected area.
</P>
<P>(d) You may make the rental payments required by paragraphs (a), (b)(1), (b)(2), and (c) of this section on an annual basis, for a 5-year period, or for multiples of 5 years. You must make the first payment at the time you submit the pipeline right-of-way application. You must make all subsequent payments before the respective time periods begin.
</P>
<P>(e) <I>Late payments.</I> An interest charge will be assessed on unpaid and underpaid amounts from the date the amounts are due, in accordance with the provisions found in 30 CFR 1218.54. If you fail to make a payment that is late after written notice from ONRR, BSEE may initiate cancellation of the right-of-use grant and easement under § 250.1013.


</P>
</DIV8>


<DIV8 N="§ 250.1013" NODE="30:2.0.1.2.3.10.115.14" TYPE="SECTION">
<HEAD>§ 250.1013   Grounds for forfeiture of pipeline right-of-way grants.</HEAD>
<P>Failure to comply with the Act, regulations, or any conditions of the right-of-way grant prescribed by the Regional Supervisor shall be grounds for forfeiture of the grant in an appropriate judicial proceeding instituted by the United States in any U.S. District Court having jurisdiction in accordance with the provisions of 43 U.S.C. 1349.


</P>
</DIV8>


<DIV8 N="§ 250.1014" NODE="30:2.0.1.2.3.10.115.15" TYPE="SECTION">
<HEAD>§ 250.1014   When pipeline right-of-way grants expire.</HEAD>
<P>Any right-of-way granted under the provisions of this subpart remains in effect as long as the associated pipeline is properly maintained and used for the purpose for which the grant was made, unless otherwise expressly stated in the grant. Temporary cessation or suspension of pipeline operations shall not cause the grant to expire. However, if the purpose of the grant ceases to exist or use of the associated pipeline is permanently discontinued for any reason, the grant shall be deemed to have expired.


</P>
</DIV8>


<DIV8 N="§ 250.1015" NODE="30:2.0.1.2.3.10.115.16" TYPE="SECTION">
<HEAD>§ 250.1015   Applications for pipeline right-of-way grants.</HEAD>
<P>(a) You must submit an original and three copies of an application for a new or modified pipeline ROW grant to the Regional Supervisor. The application must address those items required by § 250.1007(a) or (b) of this subpart, as applicable. It must also state the primary purpose for which you will use the ROW grant. If the ROW has been used before the application is made, the application must state the date such use began, by whom, and the date the applicant obtained control of the improvement. When you file your application, you must pay the rental required under § 250.1012 of this subpart, as well as the service fees listed in § 250.125 of this part for a pipeline ROW grant to install a new pipeline, or to convert an existing lease term pipeline into a ROW pipeline. An application to modify an approved ROW grant must be accompanied by the additional rental required under § 250.1012 if applicable. You must file a separate application for each ROW.
</P>
<P>(b)(1) An individual applicant shall submit a statement of citizenship or nationality with the application. An applicant who is an alien lawfully admitted for permanent residence in the United States shall also submit evidence of such status with the application.
</P>
<P>(2) If the applicant is an association (including a partnership), the application shall also be accompanied by a certified copy of the articles of association or appropriate reference to a copy of such articles already filed with BSEE and a statement as to any subsequent amendments.
</P>
<P>(3) If the applicant is a corporation, the application shall also include the following:
</P>
<P>(i) A statement certified by the Secretary or Assistant Secretary of the corporation with the corporate seal showing the State in which it is incorporated and the name of the person(s) authorized to act on behalf of the corporation, or
</P>
<P>(ii) In lieu of such a statement, an appropriate reference to statements or records previously submitted to BSEE (including material submitted in compliance with prior regulations).
</P>
<P>(c) The application shall include a list of every lessee and right-of-way holder whose lease or right-of-way is intersected by the proposed right-of-way. The application shall also include a statement that a copy of the application has been sent by registered or certified mail to each such lessee or right-of-way holder.
</P>
<P>(d) The applicant shall include in the application an original and three copies of a completed Nondiscrimination in Employment form (YN 3341-1 dated July 1982). These forms are available at each BSEE regional office.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1016" NODE="30:2.0.1.2.3.10.115.17" TYPE="SECTION">
<HEAD>§ 250.1016   Granting pipeline rights-of-way.</HEAD>
<P>(a) In considering an application for a right-of-way, the Regional Supervisor shall consider the potential effect of the associated pipeline on the human, marine, and coastal environments, life (including aquatic life), property, and mineral resources in the entire area during construction and operational phases. The Regional Supervisor shall prepare an environmental analysis in accordance with applicable policies and guidelines. To aid in the evaluation and determinations, the Regional Supervisor may request and consider views and recommendations of appropriate Federal Agencies, hold public meetings after appropriate notice, and consult, as appropriate, with State agencies, organizations, industries, and individuals. Before granting a pipeline right-of-way, the Regional Supervisor shall give consideration to any recommendation by the intergovernmental planning program, or similar process, for the assessment and management of OCS oil and gas transportation.
</P>
<P>(b) Should the proposed route of a right-of-way adjoin and subsequently cross any State submerged lands, the applicant shall submit evidence to the Regional Supervisor that the State(s) so affected has reviewed the application. The applicant shall also submit any comment received as a result of that review. In the event of a State recommendation to relocate the proposed route, the Regional Supervisor may consult with the appropriate State officials.
</P>
<P>(c)(1) The applicant shall submit photocopies of return receipts to the Regional Supervisor that indicate the date that each lessee or right-of-way holder referenced in § 250.1015(c) of this part has received a copy of the application. Letters of no objection may be submitted in lieu of the return receipts.
</P>
<P>(2) The Regional Supervisor shall not take final action on a right-of-way application until the Regional Supervisor is satisfied that each such lessee or right-of-way holder has been afforded at least 30 days from the date determined in paragraph (c)(1) of this section in which to submit comments.
</P>
<P>(d) If a proposed right-of-way crosses any lands not subject to disposition by mineral leasing or restricted from oil and gas activities, it shall be rejected by the Regional Supervisor unless the Federal Agency with jurisdiction over such excluded or restricted area gives its consent to the granting of the right-of-way. In such case, the applicant, upon a request filed within 30 days after receipt of the notification of such rejection, shall be allowed an opportunity to eliminate the conflict.
</P>
<P>(e)(1) If the application and other required information are found to be in compliance with applicable laws and regulations, the right-of-way may be granted. The Regional Supervisor may prescribe, as conditions to the right-of-way grant, stipulations necessary to protect human, marine, and coastal environments, life (including aquatic life), property, and mineral resources located on or adjacent to the right-of-way.
</P>
<P>(2) If the Regional Supervisor determines that a change in the application should be made, the Regional Supervisor shall notify the applicant that an amended application shall be filed subject to stipulated changes. The Regional Supervisor shall determine whether the applicant shall deliver copies of the amended application to other parties for comment.
</P>
<P>(3) A decision to reject an application shall be in writing and shall state the reasons for the rejection.


</P>
</DIV8>


<DIV8 N="§ 250.1017" NODE="30:2.0.1.2.3.10.115.18" TYPE="SECTION">
<HEAD>§ 250.1017   Requirements for construction under pipeline right-of-way grants.</HEAD>
<P>(a) Failure to construct the associated right-of-way pipeline within 5 years of the date of the granting of a right-of-way shall cause the grant to expire.
</P>
<P>(b)(1) A right-of-way holder shall ensure that the right-of-way pipeline is constructed in a manner that minimizes deviations from the right-of-way as granted.
</P>
<P>(2) If, after constructing the right-of-way pipeline, it is determined that a deviation from the proposed right-of-way as granted has occurred, the right-of-way holder shall—
</P>
<P>(i) Notify the operators of all leases and holders of all right-of-way grants in which a deviation has occurred, and within 60 days of the date of the acceptance by the Regional Supervisor of the completion of pipeline construction report, provide the Regional Supervisor with evidence of such notification; and
</P>
<P>(ii) Relinquish any unused portion of the right-of-way.
</P>
<P>(3) Substantial deviation of a right-of-way pipeline as constructed from the proposed right-of-way as granted may be grounds for forfeiture of the right-of-way.
</P>
<P>(c) If the Regional Supervisor determines that a significant change in conditions has occurred subsequent to the granting of a right-of-way but prior to the commencement of construction of the associated pipeline, the Regional Supervisor may suspend or temporarily prohibit the commencement of construction until the right-of-way grant is modified to the extent necessary to address the changed conditions.


</P>
</DIV8>


<DIV8 N="§ 250.1018" NODE="30:2.0.1.2.3.10.115.19" TYPE="SECTION">
<HEAD>§ 250.1018   Assignment of pipeline right-of-way grants.</HEAD>
<P>(a) Assignment may be made of a right-of-way grant, in whole or of any lineal segment thereof, subject to the approval of the Regional Supervisor. An application for approval of an assignment of a right-of-way or of a lineal segment thereof, shall be filed in triplicate with the Regional Supervisor.
</P>
<P>(b) Any application for approval for an assignment, in whole or in part, of any right, title, or interest in a right-of-way grant must be accompanied by the same showing of qualifications of the assignees as is required of an applicant for a ROW in § 250.1015 of this subpart and must be supported by a statement that the assignee agrees to comply with and to be bound by the terms and conditions of the ROW grant. The assignee must satisfy the bonding requirements in 30 CFR 550.1011. No transfer will be recognized unless and until it is first approved, in writing, by the Regional Supervisor. The assignee must pay the service fee listed in § 250.125 of this part for a pipeline ROW assignment request.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1019" NODE="30:2.0.1.2.3.10.115.20" TYPE="SECTION">
<HEAD>§ 250.1019   Relinquishment of pipeline right-of-way grants.</HEAD>
<P>A right-of-way grant or a portion thereof may be surrendered by the holder by filing a written relinquishment in triplicate with the Regional Supervisor. It must contain those items addressed in §§ 250.1751 and 250.1752 of this part. A relinquishment shall take effect on the date it is filed subject to the satisfaction of all outstanding debts, fees, or fines and the requirements in § 250.1010(h) of this part.


</P>
</DIV8>

</DIV6>


<DIV6 N="K" NODE="30:2.0.1.2.3.11" TYPE="SUBPART">
<HEAD>Subpart K—Oil and Gas Production Requirements</HEAD>


<DIV7 N="115" NODE="30:2.0.1.2.3.11.115" TYPE="SUBJGRP">
<HEAD>General</HEAD>


<DIV8 N="§ 250.1150" NODE="30:2.0.1.2.3.11.115.1" TYPE="SECTION">
<HEAD>§ 250.1150   What are the general reservoir production requirements?</HEAD>
<P>You must produce wells and reservoirs at rates that provide for economic development while maximizing ultimate recovery and without adversely affecting correlative rights.


</P>
</DIV8>

</DIV7>


<DIV7 N="116" NODE="30:2.0.1.2.3.11.116" TYPE="SUBJGRP">
<HEAD>Well Tests and Surveys</HEAD>


<DIV8 N="§ 250.1151" NODE="30:2.0.1.2.3.11.116.2" TYPE="SECTION">
<HEAD>§ 250.1151   How often must I conduct well production tests?</HEAD>
<P>(a) You must conduct well production tests as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must conduct:
</TH><TH class="gpotbl_colhed" scope="col">And you must submit to the Regional Supervisor:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) A well-flow potential test on all new, recompleted, or reworked well completions within 30 days of the date of first continuous production,</TD><TD align="left" class="gpotbl_cell">Form BSEE-0126, Well Potential Test Report, along with the supporting data as listed in the table in § 250.1167, within 15 days after the end of the test period.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) At least one well test during a calendar half-year for each producing completion,</TD><TD align="left" class="gpotbl_cell">Results on Form BSEE-0128, Semiannual Well Test Report, of the most recent well test obtained. This must be submitted within 45 days after the end of the calendar half-year.</TD></TR></TABLE></DIV></DIV>
<P>(b) You may request an extension from the Regional Supervisor if you cannot submit the results of a semiannual well test within the specified time.
</P>
<P>(c) You must submit to the Regional Supervisor an original and two copies of the appropriate form required by paragraph (a) of this section; one of the copies of the form must be a public information copy in accordance with §§ 250.186 and 250.197, and marked “Public Information.” You must submit two copies of the supporting information as listed in the table in § 250.1167 with form BSEE-0126.


</P>
</DIV8>


<DIV8 N="§ 250.1152" NODE="30:2.0.1.2.3.11.116.3" TYPE="SECTION">
<HEAD>§ 250.1152   How do I conduct well tests?</HEAD>
<P>(a) When you conduct well tests you must:
</P>
<P>(1) Recover fluid from the well completion equivalent to the amount of fluid introduced into the formation during completion, recompletion, reworking, or treatment operations before you start a well test;
</P>
<P>(2) Produce the well completion under stabilized rate conditions for at least 6 consecutive hours before beginning the test period;
</P>
<P>(3) Conduct the test for at least 4 consecutive hours;
</P>
<P>(4) Adjust measured gas volumes to the standard conditions of 14.73 pounds per square inch absolute (psia) and 60 °F for all tests; and
</P>
<P>(5) Use measured specific gravity values to calculate gas volumes.
</P>
<P>(b) You may request approval from the Regional Supervisor to conduct a well test using alternative procedures if you can demonstrate test reliability under those procedures.
</P>
<P>(c) The Regional Supervisor may also require you to conduct the following tests and complete them within a specified time period:
</P>
<P>(1) A retest or a prolonged test of a well completion if it is determined to be necessary for the proper establishment of a Maximum Production Rate (MPR) or a Maximum Efficient Rate (MER); and
</P>
<P>(2) A multipoint back-pressure test to determine the theoretical open-flow potential of a gas well.
</P>
<P>(d) A BSEE representative may witness any well test. Upon request, you must provide advance notice to the Regional Supervisor of the times and dates of well tests.


</P>
</DIV8>


<DIV8 N="§§ 250.1153-250.1155" NODE="30:2.0.1.2.3.11.116.4" TYPE="SECTION">
<HEAD>§§ 250.1153-250.1155   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="117" NODE="30:2.0.1.2.3.11.117" TYPE="SUBJGRP">
<HEAD>Approvals Prior to Production</HEAD>


<DIV8 N="§ 250.1156" NODE="30:2.0.1.2.3.11.117.5" TYPE="SECTION">
<HEAD>§ 250.1156   What steps must I take to receive approval to produce within 500 feet of a unit or lease line?</HEAD>
<P>(a) You must obtain approval from the Regional Supervisor before you start producing from a reservoir within a well that has any portion of the completed interval less than 500 feet from a unit or lease line. Submit to BSEE the service fee listed in § 250.125, according to the instructions in § 250.126, and the supporting information, as listed in the table in § 250.1167, with your request. The Regional Supervisor will determine whether approval of your request will maximize ultimate recovery, avoid the waste of natural resources, or protect correlative rights. You do not need to obtain approval if the adjacent leases or units have the same unit, lease (record title and operating rights), and royalty interests as the lease or unit you plan to produce. You do not need to obtain approval if the adjacent block is unleased.
</P>
<P>(b) You must notify the operator(s) of adjacent property(ies) that are within 500 feet of the completion, if the adjacent acreage is a leased block in the Federal OCS. You must provide the Regional Supervisor proof of the date of the notification. The operators of the adjacent properties have 30 days after receiving the notification to provide the Regional Supervisor letters of acceptance or objection. If an adjacent operator does not respond within 30 days, the Regional Supervisor will presume there are no objections and proceed with a decision. The notification must include:
</P>
<P>(1) The well name;
</P>
<P>(2) The rectangular coordinates (x, y) of the location of the top and bottom of the completion or target completion referenced to the North American Datum 1983, and the subsea depths of the top and bottom of the completion or target completion;
</P>
<P>(3) The distance from the completion or target completion to the unit or lease line at its nearest point; and
</P>
<P>(4) A statement indicating whether or not it will be a high-capacity completion having a perforated or open hole interval greater than 150 feet measured depth.


</P>
</DIV8>


<DIV8 N="§ 250.1157" NODE="30:2.0.1.2.3.11.117.6" TYPE="SECTION">
<HEAD>§ 250.1157   How do I receive approval to produce gas-cap gas from an oil reservoir with an associated gas cap?</HEAD>
<P>(a) You must request and receive approval from the Regional Supervisor:
</P>
<P>(1) Before producing gas-cap gas from each completion in an oil reservoir that is known to have an associated gas cap.
</P>
<P>(2) To continue production from a well if the oil reservoir is not initially known to have an associated gas cap, but the oil well begins to show characteristics of a gas well.
</P>
<P>(b) For either request, you must submit the service fee listed in § 250.125, according to the instructions in § 250.126, and the supporting information, as listed in the table in § 250.1167, with your request.
</P>
<P>(c) The Regional Supervisor will determine whether your request maximizes ultimate recovery.


</P>
</DIV8>


<DIV8 N="§ 250.1158" NODE="30:2.0.1.2.3.11.117.7" TYPE="SECTION">
<HEAD>§ 250.1158   How do I receive approval to downhole commingle hydrocarbons?</HEAD>
<P>(a) Before you perforate a well, you must request and receive approval from the Regional Supervisor to commingle hydrocarbons produced from multiple reservoirs within a common wellbore. The Regional Supervisor will approve a request of an operator to commingle hydrocarbons unless he or she finds, based on conclusive evidence, that the commingling could not be conducted by the operator in a safe manner or that the commingling would reduce ultimate recovery from the applicable reservoirs. You must also include the service fee listed in § 250.125, according to the instructions in § 250.126, and the supporting information, as listed in the table in § 250.1167, with your request.




</P>
<P>(b) If one or more of the reservoirs proposed for commingling is a competitive reservoir, you must notify the operators of all leases that contain the reservoir that you intend to downhole commingle the reservoirs. Your request for approval of downhole commingling must include proof of the date of this notification. The notified operators have 30 days after notification to provide the Regional Supervisor with letters of acceptance or objection. If the notified operators do not respond within the specified period, the Regional Supervisor will assume the operators do not object and proceed with a decision.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 90 FR 38938, Aug. 13, 2025; 91 FR 10001, Mar. 2, 2026]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="118" NODE="30:2.0.1.2.3.11.118" TYPE="SUBJGRP">
<HEAD>Production Rates</HEAD>


<DIV8 N="§ 250.1159" NODE="30:2.0.1.2.3.11.118.8" TYPE="SECTION">
<HEAD>§ 250.1159   May the Regional Supervisor limit my well or reservoir production rates?</HEAD>
<P>(a) The Regional Supervisor may set a Maximum Production Rate (MPR) for a producing well completion, or set a Maximum Efficient Rate (MER) for a reservoir, or both, if the Regional Supervisor determines that an excessive production rate could harm ultimate recovery. An MPR or MER will be based on well tests and any limitations imposed by well and surface equipment, sand production, reservoir sensitivity, gas-oil and water-oil ratios, location of perforated intervals, and prudent operating practices.
</P>
<P>(b) If the Regional Supervisor sets an MPR for a producing well completion and/or an MER for a reservoir, you may not exceed those rates except due to normal variations and fluctuations in production rates as set by the Regional Supervisor.


</P>
</DIV8>

</DIV7>


<DIV7 N="119" NODE="30:2.0.1.2.3.11.119" TYPE="SUBJGRP">
<HEAD>Flaring, Venting, and Burning Hydrocarbons</HEAD>


<DIV8 N="§ 250.1160" NODE="30:2.0.1.2.3.11.119.9" TYPE="SECTION">
<HEAD>§ 250.1160   When may I flare or vent gas?</HEAD>
<P>(a) You must request and receive approval from the Regional Supervisor to flare or vent natural gas at your facility, except in the following situations:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Condition
</TH><TH class="gpotbl_colhed" scope="col">Additional requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) When the gas is lease use gas (produced natural gas which is used on or for the benefit of lease operations such as gas used to operate production facilities) or is used as an additive necessary to burn waste products, such as H<E T="52">2</E>S</TD><TD align="left" class="gpotbl_cell">The volume of gas flared or vented may not exceed the amount necessary for its intended purpose. Burning waste products may require approval under other regulations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) During the restart of a facility that was shut in because of weather conditions, such as a hurricane</TD><TD align="left" class="gpotbl_cell">Flaring or venting may not exceed 48 cumulative hours without Regional Supervisor approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) During the blow down of transportation pipelines downstream of the royalty meter</TD><TD align="left" class="gpotbl_cell">(i) You must report the location, time, flare/vent volume, and reason for flaring/venting to the Regional Supervisor in writing within 72 hours after the incident is over.
<br/>(ii) Additional approval may be required under subparts H and J of this part.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) During the unloading or cleaning of a well, drill-stem testing, production testing, other well-evaluation testing, or the necessary blow down to perform these procedures</TD><TD align="left" class="gpotbl_cell">You may not exceed 48 cumulative hours of flaring or venting per unloading or cleaning or testing operation on a single completion without Regional Supervisor approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) When properly working equipment yields flash gas (natural gas released from liquid hydrocarbons as a result of a decrease in pressure, an increase in temperature, or both) from storage vessels or other low-pressure production vessels, and you cannot economically recover this flash gas</TD><TD align="left" class="gpotbl_cell">You may not flare or vent more than an average of 50 MCF per day during any calendar month without Regional Supervisor approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) When the equipment works properly but there is a temporary upset condition, such as a hydrate or paraffin plug</TD><TD align="left" class="gpotbl_cell">(i) For oil-well gas and gas-well flash gas (natural gas released from condensate as a result of a decrease in pressure, an increase in temperature, or both), you may not exceed 48 continuous hours of flaring or venting without Regional Supervisor approval.
<br/>(ii) For primary gas-well gas (natural gas from a gas well completion that is at or near its wellhead pressure; this does not include flash gas), you may not exceed 2 continuous hours of flaring or venting without Regional Supervisor approval.
<br/>(iii) You may not exceed 144 cumulative hours of flaring or venting during a calendar month without Regional Supervisor approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) When equipment fails to work properly, during equipment maintenance and repair, or when you must relieve system pressures</TD><TD align="left" class="gpotbl_cell">(i) For oil-well gas and gas-well flash gas, you may not exceed 48 continuous hours of flaring or venting without Regional Supervisor approval.
<br/>(ii) For primary gas-well gas, you may not exceed 2 continuous hours of flaring or venting without Regional Supervisor approval.
<br/>(iii) You may not exceed 144 cumulative hours of flaring or venting during a calendar month without Regional Supervisor approval.
<br/>(iv) The continuous and cumulative hours allowed under this paragraph may be counted separately from the hours under paragraph (a)(6) of this section.</TD></TR></TABLE></DIV></DIV>
<P>(b) Regardless of the requirements in paragraph (a) of this section, you must not flare or vent gas over the volume approved in your Development Operations Coordination Document (DOCD) or your Development and Production Plan (DPP) submitted to BOEM.
</P>
<P>(c) The Regional Supervisor may establish alternative approval procedures to cover situations when you cannot contact the BSEE office, such as during non-office hours.
</P>
<P>(d) The Regional Supervisor may specify a volume limit, or a shorter time limit than specified elsewhere in this part, in order to prevent air quality degradation or loss of reserves.
</P>
<P>(e) If you flare or vent gas without the required approval, or if the Regional Supervisor determines that you were negligent or could have avoided flaring or venting the gas, the hydrocarbons will be considered avoidably lost or wasted. You must pay royalties on the loss or waste, according to 30 CFR part 1202. You must value any gas or liquid hydrocarbons avoidably lost or wasted under the provisions of 30 CFR part 1206.
</P>
<P>(f) Fugitive emissions from valves, fittings, flanges, pressure relief valves or similar components do not require approval under this subpart unless specifically required by the Regional Supervisor.


</P>
</DIV8>


<DIV8 N="§ 250.1161" NODE="30:2.0.1.2.3.11.119.10" TYPE="SECTION">
<HEAD>§ 250.1161   When may I flare or vent gas for extended periods of time?</HEAD>
<P>You must request and receive approval from the Regional Supervisor to flare or vent gas for an extended period of time. The Regional Supervisor will specify the approved period of time, which will not exceed 1 year. The Regional Supervisor may deny your request if it does not ensure the conservation of natural resources or is not consistent with National interests relating to development and production of minerals of the OCS. The Regional Supervisor may approve your request for one of the following reasons:
</P>
<P>(a) You initiated an action which, when completed, will eliminate flaring and venting; or
</P>
<P>(b) You submit to the Regional Supervisor an evaluation supported by engineering, geologic, and economic data indicating that the oil and gas produced from the well(s) will not economically support the facilities necessary to sell the gas or to use the gas on or for the benefit of the lease.


</P>
</DIV8>


<DIV8 N="§ 250.1162" NODE="30:2.0.1.2.3.11.119.11" TYPE="SECTION">
<HEAD>§ 250.1162   When may I burn produced liquid hydrocarbons?</HEAD>
<P>(a) You must request and receive approval from the Regional Supervisor to burn any produced liquid hydrocarbons. The Regional Supervisor may allow you to burn liquid hydrocarbons if you demonstrate that transporting them to market or re-injecting them is not technically feasible or poses a significant risk of harm to offshore personnel or the environment.
</P>
<P>(b) If you burn liquid hydrocarbons without the required approval, or if the Regional Supervisor determines that you were negligent or could have avoided burning liquid hydrocarbons, the hydrocarbons will be considered avoidably lost or wasted. You must pay royalties on the loss or waste, according to 30 CFR part 1202. You must value any liquid hydrocarbons avoidably lost or wasted under the provisions of 30 CFR part 1206.


</P>
</DIV8>


<DIV8 N="§ 250.1163" NODE="30:2.0.1.2.3.11.119.12" TYPE="SECTION">
<HEAD>§ 250.1163   How must I measure gas flaring or venting volumes and liquid hydrocarbon burning volumes, and what records must I maintain?</HEAD>
<P>(a) If your facility processes more than an average of 2,000 bopd during May 2010, you must install flare/vent meters within 180 days after May 2010. If your facility processes more than an average of 2,000 bopd during a calendar month after May 2010, you must install flare/vent meters within 120 days after the end of the month in which the average amount of oil processed exceeds 2,000 bopd.
</P>
<P>(1) You must notify the Regional Supervisor when your facility begins to process more than an average of 2,000 bopd in a calendar month;
</P>
<P>(2) The flare/vent meters must measure all flared and vented gas within 5 percent accuracy;
</P>
<P>(3) You must calibrate the meters regularly, in accordance with the manufacturer's recommendation, or at least once every year, whichever is shorter; and
</P>
<P>(4) You must use and maintain the flare/vent meters for the life of the facility.
</P>
<P>(b) You must report all hydrocarbons produced from a well completion, including all gas flared, gas vented, and liquid hydrocarbons burned, to Office of Natural Resources Revenue on Form ONRR-4054 (Oil and Gas Operations Report), in accordance with 30 CFR 1210.102.
</P>
<P>(1) You must report the amount of gas flared and the amount of gas vented separately.
</P>
<P>(2) You may classify and report gas used to operate equipment on the lease, such as gas used to power engines, instrument gas, and gas used to maintain pilot lights, as lease use gas.
</P>
<P>(3) If flare/vent meters are required at one or more of your facilities, you must report the amount of gas flared and vented at each of those facilities separately from those facilities that do not require meters and separately from other facilities with meters.
</P>
<P>(4) If flare/vent meters are not required at your facility:
</P>
<P>(i) You may report the gas flared and vented on a lease or unit basis. Gas flared and vented from multiple facilities on a single lease or unit may be reported together.
</P>
<P>(ii) If you choose to install meters, you may report the gas volume flared and vented according to the method specified in paragraph (b)(3) of this section.
</P>
<P>(c) You must prepare and maintain records detailing gas flaring, gas venting, and liquid hydrocarbon burning for each facility for 6 years.
</P>
<P>(1) You must maintain these records on the facility for at least the first 2 years and have them available for inspection by BSEE representatives.
</P>
<P>(2) After 2 years, you must maintain the records, allow BSEE representatives to inspect the records upon request and provide copies to the Regional Supervisor upon request, but are not required to keep them on the facility.
</P>
<P>(3) The records must include, at a minimum:
</P>
<P>(i) Daily volumes of gas flared, gas vented, and liquid hydrocarbons burned;
</P>
<P>(ii) Number of hours of gas flaring, gas venting, and liquid hydrocarbon burning, on a daily and monthly cumulative basis;
</P>
<P>(iii) A list of the wells contributing to gas flaring, gas venting, and liquid hydrocarbon burning, along with gas-oil ratio data;
</P>
<P>(iv) Reasons for gas flaring, gas venting, and liquid hydrocarbon burning; and
</P>
<P>(v) Documentation of all required approvals.
</P>
<P>(d) If your facility is required to have flare/vent meters:
</P>
<P>(1) You must maintain the meter recordings for 6 years.
</P>
<P>(i) You must keep these recordings on the facility for 2 years and have them available for inspection by BSEE representatives.
</P>
<P>(ii) After 2 years, you must maintain the recordings, allow BSEE representatives to inspect the recordings upon request and provide copies to the Regional Supervisor upon request, but are not required to keep them on the facility.
</P>
<P>(iii) These recordings must include the begin times, end times, and volumes for all flaring and venting incidents.
</P>
<P>(2) You must maintain flare/vent meter calibration and maintenance records on the facility for 2 years.
</P>
<P>(e) If your flaring or venting of gas, or burning of liquid hydrocarbons, required written or oral approval, you must submit documentation to the Regional Supervisor summarizing the location, dates, number of hours, and volumes of gas flared, gas vented, and liquid hydrocarbons burned under the approval.


</P>
</DIV8>


<DIV8 N="§ 250.1164" NODE="30:2.0.1.2.3.11.119.13" TYPE="SECTION">
<HEAD>§ 250.1164   What are the requirements for flaring or venting gas containing H<E T="9145">2</E>S?</HEAD>
<P>(a) You may not vent gas containing H<E T="52">2</E>S, except for minor releases during maintenance and repair activities that do not result in a 15-minute time-weighted average atmosphere concentration of H<E T="52">2</E>S of 20 ppm or higher anywhere on the platform.
</P>
<P>(b) You may flare gas containing H<E T="52">2</E>S only if you meet the requirements of §§ 250.1160, 250.1161, 250.1163, and the following additional requirements:
</P>
<P>(1) For safety or air pollution prevention purposes, the Regional Supervisor may further restrict the flaring of gas containing H<E T="52">2</E>S. The Regional Supervisor will use information provided in the lessee's H<E T="52">2</E>S Contingency Plan (§ 250.490(f)), Exploration Plan, DPP, DOCD submitted to BOEM, and associated documents to determine the need for restrictions; and
</P>
<P>(2) If the Regional Supervisor determines that flaring at a facility or group of facilities may significantly affect the air quality of an onshore area, the Regional Supervisor may require you to conduct an air quality modeling analysis, under 30 CFR 550.303, to determine the potential effect of facility emissions. The Regional Supervisor may require monitoring and reporting, or may restrict or prohibit flaring, under 30 CFR 550.303 and 30 CFR 550.304.
</P>
<P>(c) The Regional Supervisor may require you to submit monthly reports of flared and vented gas containing H<E T="52">2</E>S. Each report must contain, on a daily basis:
</P>
<P>(1) The volume and duration of each flaring and venting occurrence;
</P>
<P>(2) H<E T="52">2</E>S concentration in the flared or vented gas; and
</P>
<P>(3) The calculated amount of SO<E T="52">2</E> emitted.


</P>
</DIV8>

</DIV7>


<DIV7 N="120" NODE="30:2.0.1.2.3.11.120" TYPE="SUBJGRP">
<HEAD>Other Requirements</HEAD>


<DIV8 N="§ 250.1165" NODE="30:2.0.1.2.3.11.120.14" TYPE="SECTION">
<HEAD>§ 250.1165   What must I do for enhanced recovery operations?</HEAD>
<P>(a) You must promptly initiate enhanced oil and gas recovery operations for all reservoirs where these operations would result in an increase in ultimate recovery of oil or gas under sound engineering and economic principles.
</P>
<P>(b) Before initiating enhanced recovery operations, you must submit a proposed plan to the BSEE Regional Supervisor and receive approval for pressure maintenance, secondary or tertiary recovery, cycling, and similar recovery operations intended to increase the ultimate recovery of oil and gas from a reservoir. The proposed plan must include, for each project reservoir, a geologic and engineering overview and any additional information required by the BSEE Regional Supervisor. You also must submit Form BOEM-0127 to BOEM along with the supporting data specified in BOEM regulations, 30 CFR part 550, subpart K.
</P>
<P>(c) You must report to Office of Natural Resources Revenue the volumes of oil, gas, or other substances injected, produced, or produced for a second time under 30 CFR 1210.102.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1166" NODE="30:2.0.1.2.3.11.120.15" TYPE="SECTION">
<HEAD>§ 250.1166   What additional reporting is required for developments in the Alaska OCS Region?</HEAD>
<P>(a) For any development in the Alaska OCS Region, you must submit an annual reservoir management report to the Regional Supervisor. The report must contain information detailing the activities performed during the previous year and planned for the upcoming year that will:
</P>
<P>(1) Provide for the prevention of waste;
</P>
<P>(2) Provide for the protection of correlative rights; and
</P>
<P>(3) Maximize ultimate recovery of oil and gas.
</P>
<P>(b) If your development is jointly regulated by BSEE and the State of Alaska, BSEE and the Alaska Oil and Gas Conservation Commission will jointly determine appropriate reporting requirements to minimize or eliminate duplicate reporting requirements.
</P>
<P>(c) [Reserved]


</P>
</DIV8>


<DIV8 N="§ 250.1167" NODE="30:2.0.1.2.3.11.120.16" TYPE="SECTION">
<HEAD>§ 250.1167   What information must I submit with forms and for approvals?</HEAD>
<P>You must submit the supporting information listed in the following table with the form identified in column 1 and for the approvals required under this subpart identified in columns 2 through 4:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col"> 
</TH><TH class="gpotbl_colhed" scope="col">WPT BSEE-0126
<br/>(2 copies)
</TH><TH class="gpotbl_colhed" scope="col">Gas cap production
</TH><TH class="gpotbl_colhed" scope="col">Downhole commingling
</TH><TH class="gpotbl_colhed" scope="col">Production within 500-ft of a unit or lease line
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Maps:
</TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Base map with surface, bottomhole, and completion locations with respect to the unit or lease line and the orientation of representative seismic lines or cross-sections</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Structure maps with penetration point and subsea depth for each well penetrating the reservoirs, highlighting subject wells; reservoir boundaries; and original and current fluid levels</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(3) Net sand isopach with total net sand penetrated for each well, identified at the penetration point</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(4) Net hydrocarbon isopach with net feet of pay for each well, identified at the penetration point</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Seismic data:
</TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Representative seismic lines, including strike and dip lines that confirm the structure; indicate polarity</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Amplitude extraction of seismic horizon, if applicable</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Logs:
</TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Well log sections with tops and bottoms of the reservoir(s) and proposed or existing perforations</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Structural cross-sections showing the subject well and nearby wells</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">*
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Engineering data:
</TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Estimated recoverable reserves for each well completion in the reservoir; total recoverable reserves for each reservoir; method of calculation; reservoir parameters used in volumetric and decline curve analysis</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">†</TD><TD align="center" class="gpotbl_cell">†</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Well schematics showing current and proposed conditions</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(3) The drive mechanism of each reservoir</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(4) Pressure data, by date, and whether they are estimated or measured</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(5) Production data and decline curve analysis indicative of the reservoir performance</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(6) Reservoir simulation with the reservoir parameters used, history matches, and prediction runs (include proposed development scenario)</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">*</TD><TD align="center" class="gpotbl_cell">*</TD><TD align="center" class="gpotbl_cell">*
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) General information:
</TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Detailed economic analysis</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">*</TD><TD align="center" class="gpotbl_cell">*
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Reservoir name and whether or not it is competitive as defined under § 250.105</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(3) Operator name, lessee name(s), block, lease number, royalty rate, and unit number (if applicable) of all relevant leases</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(4) Geologic overview of project</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(5) Explanation of why the proposed completion scenario will maximize ultimate recovery</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(6) List of all wells in subject reservoirs that have ever produced or been used for injection</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔</TD><TD align="center" class="gpotbl_cell">✔
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">✔ Required.
</P><P class="gpotbl_note">† Each Gas Cap Production request and Downhole Commingling request must include the estimated recoverable reserves for (1) the case where your proposed production scenario is approved, and (2) the case where your proposed production scenario is denied.
</P><P class="gpotbl_note">* Additional items the Regional Supervisor may request.
</P><P class="gpotbl_note">Note: All maps must be at a standard scale and show lease and unit lines. The Regional Supervisor may waive submittal of some of the required data on a case-by-case basis.</P></DIV></DIV>
<P>(f) Depending on the type of approval requested, you must submit the appropriate payment of the service fee(s) listed in § 250.125, according to the instructions in § 250.126.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="L" NODE="30:2.0.1.2.3.12" TYPE="SUBPART">
<HEAD>Subpart L—Oil and Gas Production Measurement, Surface Commingling, and Security</HEAD>


<DIV8 N="§ 250.1200" NODE="30:2.0.1.2.3.12.121.1" TYPE="SECTION">
<HEAD>§ 250.1200   Question index table.</HEAD>
<P>The table in this section lists questions concerning Oil and Gas Production Measurement, Surface Commingling, and Security.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Frequently asked questions
</TH><TH class="gpotbl_colhed" scope="col">CFR citation
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1. What are the requirements for measuring liquid hydrocarbons?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(a)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2. What are the requirements for liquid hydrocarbon royalty meters?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(b)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3. What are the requirements for run tickets?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(c)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4. What are the requirements for liquid hydrocarbon royalty meter provings?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(d)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5. What are the requirements for calibrating a master meter used in royalty meter provings?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(e)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6. What are the requirements for calibrating mechanical-displacement provers and tank provers?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(f)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7. What correction factors must a lessee use when proving meters with a mechanical displacement prover, tank prover, or master meter?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(g)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8. What are the requirements for establishing and applying operating meter factors for liquid hydrocarbons?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(h)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">9. Under what circumstances does a liquid hydrocarbon royalty meter need to be taken out of service, and what must a lessee do?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(i)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10. How must a lessee correct gross liquid hydrocarbon volumes to standard conditions?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(j)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">11. What are the requirements for liquid hydrocarbon allocation meters?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(k)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12. What are the requirements for royalty and inventory tank facilities?</TD><TD align="left" class="gpotbl_cell">§ 250.1202(l)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">13. To which meters do BSEE requirements for gas measurement apply?</TD><TD align="left" class="gpotbl_cell">§ 250.1203(a)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">14. What are the requirements for measuring gas?</TD><TD align="left" class="gpotbl_cell">§ 250.1203(b)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">15. What are the requirements for gas meter calibrations?</TD><TD align="left" class="gpotbl_cell">§ 250.1203(c)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">16. What must a lessee do if a gas meter is out of calibration or malfunctioning?</TD><TD align="left" class="gpotbl_cell">§ 250.1203(d)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">17. What are the requirements when natural gas from a Federal lease is transferred to a gas plant before royalty determination?</TD><TD align="left" class="gpotbl_cell">§ 250.1203(e)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18. What are the requirements for measuring gas lost or used on a lease?</TD><TD align="left" class="gpotbl_cell">§ 250.1203(f)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">19. What are the requirements for the surface commingling of production?</TD><TD align="left" class="gpotbl_cell">§ 250.1204(a)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">20. What are the requirements for a periodic well test used for allocation?</TD><TD align="left" class="gpotbl_cell">§ 250.1204(b)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">21. What are the requirements for site security?</TD><TD align="left" class="gpotbl_cell">§ 250.1205(a)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">22. What are the requirements for using seals?</TD><TD align="left" class="gpotbl_cell">§ 250.1205(b)</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.1201" NODE="30:2.0.1.2.3.12.121.2" TYPE="SECTION">
<HEAD>§ 250.1201   Definitions.</HEAD>
<XREF ID="20260610" REFID="60">Link to an amendment published at 91 FR 35360, June 10, 2026.</XREF>
<P>Terms not defined in this section have the meanings given in the applicable chapter of the API MPMS, which is incorporated by reference in § 250.198. Terms used in Subpart L have the following meaning:
</P>
<P><I>Allocation meter</I>—a meter used to determine the portion of hydrocarbons attributable to one or more platforms, leases, units, or wells, in relation to the total production from a royalty or allocation measurement point.
</P>
<P><I>API MPMS</I>—the American Petroleum Institute's Manual of Petroleum Measurement Standards, chapters 1, 20, and 21.
</P>
<P><I>British Thermal Unit (Btu)</I>—the amount of heat needed to raise the temperature of one pound of water from 59.5 degrees Fahrenheit (59.5 °F) to 60.5 degrees Fahrenheit (60.5 °F) at standard pressure base (14.73 pounds per square inch absolute (psia)).
</P>
<P><I>Compositional Analysis</I>—separating mixtures into identifiable components expressed in mole percent.
</P>
<P><I>Force majeure event</I>—an event beyond your control such as war, act of terrorism, crime, or act of nature which prevents you from operating the wells and meters on your OCS facility.
</P>
<P><I>Gas lost</I>—gas that is neither sold nor used on the lease or unit nor used internally by the producer.
</P>
<P><I>Gas processing plant</I>—an installation that uses any process designed to remove elements or compounds (hydrocarbon and non-hydrocarbon) from gas, including absorption, adsorption, or refrigeration. Processing does not include treatment operations, including those necessary to put gas into marketable conditions such as natural pressure reduction, mechanical separation, heating, cooling, dehydration, desulphurization, and compression. The changing of pressures or temperatures in a reservoir is not processing.
</P>
<P><I>Gas processing plant statement</I>—a monthly statement showing the volume and quality of the inlet or field gas stream and the plant products recovered during the period, volume of plant fuel, flare and shrinkage, and the allocation of these volumes to the sources of the inlet stream.
</P>
<P><I>Gas royalty meter malfunction</I>—an error in any component of the gas measurement system which exceeds contractual tolerances.
</P>
<P><I>Gas volume statement</I>—a monthly statement showing gas measurement data, including the volume (Mcf) and quality (Btu) of natural gas which flowed through a meter.
</P>
<P><I>Inventory tank</I>—a tank in which liquid hydrocarbons are stored prior to royalty measurement. The measured volumes are used in the allocation process.
</P>
<P><I>Liquid hydrocarbons (free liquids)</I>—hydrocarbons which exist in liquid form at standard conditions after passing through separating facilities.
</P>
<P><I>Malfunction factor</I>—a liquid hydrocarbon royalty meter factor that differs from the previous meter factor by an amount greater than 0.0025.
</P>
<P><I>Natural gas</I>—a highly compressible, highly expandable mixture of hydrocarbons which occurs naturally in a gaseous form and passes a meter in vapor phase.
</P>
<P><I>Operating meter</I>—a royalty or allocation meter that is used for gas or liquid hydrocarbon measurement for any period during a calibration cycle.
</P>
<P><I>Pipeline (retrograde) condensate</I>—liquid hydrocarbons which drop out of the separated gas stream at any point in a pipeline during transmission to shore.
</P>
<P><I>Pressure base</I>—the pressure at which gas volumes and quality are reported. The standard pressure base is 14.73 psia.
</P>
<P><I>Prove</I>—to determine (as in meter proving) the relationship between the volume passing through a meter at one set of conditions and the indicated volume at those same conditions.
</P>
<P><I>Royalty meter</I>—a meter approved for the purpose of determining the volume of gas, oil, or other components removed, saved, or sold from a Federal lease.
</P>
<P><I>Royalty tank</I>—an approved tank in which liquid hydrocarbons are measured and upon which royalty volumes are based.
</P>
<P><I>Run ticket</I>—the invoice for liquid hydrocarbons measured at a royalty point.
</P>
<P><I>Sales meter</I>—a meter at which custody transfer takes place (not necessarily a royalty meter).
</P>
<P><I>Seal</I>—a device or approved method used to prevent tampering with royalty measurement components.
</P>
<P><I>Standard conditions</I>—atmospheric pressure of 14.73 pounds per square inch absolute (psia) and 60 °F.
</P>
<P><I>Surface commingling</I>—the surface mixing of production from two or more leases and/or unit participating areas prior to royalty measurement.
</P>
<P><I>Temperature base</I>—the temperature at which gas and liquid hydrocarbon volumes and quality are reported. The standard temperature base is 60 °F.
</P>
<P><I>Verification/Calibration</I>—testing and correcting, if necessary, a measuring device to ensure compliance with industry accepted, manufacturer's recommended, or regulatory required standard of accuracy.
</P>
<P><I>You or your</I>—the lessee or the operator or other lessees' representative engaged in operations in the Outer Continental Shelf (OCS).


</P>
</DIV8>


<DIV8 N="§ 250.1202" NODE="30:2.0.1.2.3.12.121.3" TYPE="SECTION">
<HEAD>§ 250.1202   Liquid hydrocarbon measurement.</HEAD>
<XREF ID="20260610" REFID="61">Link to an amendment published at 91 FR 35360, June 10, 2026.</XREF>
<P>(a) <I>What are the requirements for measuring liquid hydrocarbons?</I> You must:
</P>
<P>(1) Submit a written application to, and obtain approval from, the Regional Supervisor before commencing liquid hydrocarbon production, or making any changes to the previously-approved measurement and/or allocation procedures. Your application (which may also include any relevant gas measurement and surface commingling requests) must be accompanied by payment of the service fee listed in § 250.125. The service fees are divided into two levels based on complexity as shown in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Application type
</TH><TH class="gpotbl_colhed" scope="col">Actions
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Simple applications,</TD><TD align="left" class="gpotbl_cell">Applications to temporarily reroute production (for a duration not to exceed six months); Production tests prior to pipeline construction; Departures related to meter proving, well testing, or sampling frequency.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Complex applications,</TD><TD align="left" class="gpotbl_cell">Creation of new facility measurement points (FMPs); Association of leases or units with existing FMPs; Inclusion of production from additional structures; Meter updates which add buy-back gas meters or pigging meters; Other applications which request deviations from the approved allocation procedures.</TD></TR></TABLE></DIV></DIV>
<P>(2) Use measurement equipment and procedures that will accurately measure the liquid hydrocarbons produced from a lease or unit to comply with the following additional API MPMS industry standards or API RP:
</P>
<P>(i) API MPMS, Chapter 4, Section 8 (incorporated by reference as specified in § 250.198);
</P>
<P>(ii) API MPMS, Chapter 5, Section 6 (incorporated by reference as specified in § 250.198);
</P>
<P>(iii) API MPMS, Chapter 5, Section 8 (incorporated by reference as specified in § 250.198);
</P>
<P>(iv) API MPMS, Chapter 11, Section 1 (incorporated by reference as specified in § 250.198);
</P>
<P>(v) API MPMS Chapter 12, Section 2, Part 3 (incorporated by reference as specified in § 250.198);
</P>
<P>(vi) API MPMS Chapter 12, Section 2, Part 4 (incorporated by reference as specified in § 250.198);
</P>
<P>(vii) API MPMS, Chapter 21, Section 2 (incorporated by reference as specified in § 250.198);
</P>
<P>(viii) API MPMS, Chapter 21, Addendum to Section 2 (incorporated by reference as specified in § 250.198);
</P>
<P>(ix) API RP 86 (incorporated by reference as specified in § 250.198);
</P>
<P>(3) Use procedures and correction factors according to the applicable chapters of the API MPMS or RP as incorporated by reference in 30 CFR 250.198, including the following additional editions:
</P>
<P>(i) API MPMS, Chapter 4, Section 8 (incorporated by reference as specified in § 250.198);
</P>
<P>(ii) API MPMS, Chapter 5, Section 6 (incorporated by reference as specified in § 250.198);
</P>
<P>(iii) API MPMS, Chapter 5, Section 8 (incorporated by reference as specified in § 250.198);
</P>
<P>(iv) API MPMS Chapter 11, Section 1 (incorporated by reference as specified in § 250.198);
</P>
<P>(v) API MPMS Chapter 12, Section 2, Part 3 (incorporated by reference as specified in § 250.198);
</P>
<P>(vi) API MPMS Chapter 12, Section 2, Part 4 (incorporated by reference as specified in § 250.198);
</P>
<P>(vii) API RP 86 (incorporated by reference as specified in § 250.198); when obtaining net standard volume and associated measurement parameters; and
</P>
<P>(4) When requested by the Regional Supervisor, provide the pipeline (retrograde) condensate volumes as allocated to the individual leases or units.
</P>
<P>(b) <I>What are the requirements for liquid hydrocarbon royalty meters?</I> You must:
</P>
<P>(1) Ensure that the royalty meter facilities include the following approved components (or other BSEE-approved components) which must be compatible with their connected systems:
</P>
<P>(i) A meter equipped with a nonreset totalizer;
</P>
<P>(ii) A calibrated mechanical displacement (pipe) prover, master meter, or tank prover;
</P>
<P>(iii) A proportional-to-flow sampling device pulsed by the meter output;
</P>
<P>(iv) A temperature measurement or temperature compensation device; and
</P>
<P>(v) A sediment and water monitor with a probe located upstream of the divert valve.
</P>
<P>(2) Ensure that the royalty meter facilities accomplish the following:
</P>
<P>(i) Prevent flow reversal through the meter;
</P>
<P>(ii) Protect meters subjected to pressure pulsations or surges;
</P>
<P>(iii) Prevent the meter from being subjected to shock pressures greater than the maximum working pressure; and
</P>
<P>(iv) Prevent meter bypassing.
</P>
<P>(3) Maintain royalty meter facilities to ensure the following:
</P>
<P>(i) Meters operate within the gravity range specified by the manufacturer;
</P>
<P>(ii) Meters operate within the manufacturer's specifications for maximum and minimum flow rate for linear accuracy; and
</P>
<P>(iii) Meters are reproven when changes in metering conditions affect the meters' performance such as changes in pressure, temperature, density (water content), viscosity, pressure, and flow rate.
</P>
<P>(4) Ensure that sampling devices conform to the following:
</P>
<P>(i) The sampling point is in the flowstream immediately upstream or downstream of the meter or divert valve in accordance with the API MPMS (as incorporated by reference in § 250.198);
</P>
<P>(ii) The sample container is vapor-tight and includes a power mixing device to allow complete mixing of the sample before removal from the container; and
</P>
<P>(iii) The sample probe is in the center half of the pipe diameter in a vertical run and is located at least three pipe diameters downstream of any pipe fitting within a region of turbulent flow. The sample probe can be located in a horizontal pipe if adequate stream conditioning such as power mixers or static mixers are installed upstream of the probe according to the manufacturer's instructions.
</P>
<P>(c) <I>What are the requirements for run tickets?</I> You must:
</P>
<P>(1) For royalty meters, ensure that the run tickets clearly identify all observed data, all correction factors not included in the meter factor, and the net standard volume.
</P>
<P>(2) For royalty tanks, ensure that the run tickets clearly identify all observed data, all applicable correction factors, on/off seal numbers, and the net standard volume.
</P>
<P>(3) Pull a run ticket at the beginning of the month and immediately after establishing the monthly meter factor or a malfunction meter factor.
</P>
<P>(4) Send all run tickets for royalty meters and tanks to the Regional Supervisor within 15 days after the end of the month;
</P>
<P>(d) <I>What are the requirements for liquid hydrocarbon royalty meter provings?</I> You must:
</P>
<P>(1) Permit BSEE representatives to witness provings;
</P>
<P>(2) Ensure that the integrity of the prover calibration is traceable to test measures certified by the National Institute of Standards and Technology;
</P>
<P>(3) Prove each operating royalty meter to determine the meter factor monthly, but the time between meter factor determinations must not exceed 42 days. When a force majeure event precludes the required monthly meter proving, meters must be proved within 15 days after being returned to service. The meters must be proved monthly thereafter, but the time between meter factor determinations must not exceed 42 days;
</P>
<P>(4) Obtain approval from the Regional Supervisor before proving on a schedule other than monthly; and
</P>
<P>(5) Submit copies of all meter proving reports for royalty meters to the Regional Supervisor monthly within 15 days after the end of the month.
</P>
<P>(e) <I>What are the requirements for calibrating a master meter used in royalty meter provings?</I> You must:
</P>
<P>(1) Calibrate the master meter to obtain a master meter factor before using it to determine operating meter factors;
</P>
<P>(2) Use a fluid of similar gravity, viscosity, temperature, and flow rate as the liquid hydrocarbons that flow through the operating meter to calibrate the master meter;
</P>
<P>(3) Calibrate the master meter monthly, but the time between calibrations must not exceed 42 days;
</P>
<P>(4) Calibrate the master meter by recording runs until the results of two consecutive runs (if a tank prover is used) or five out of six consecutive runs (if a mechanical-displacement prover is used) produce meter factor differences of no greater than 0.0002. Lessees must use the average of the two (or the five) runs that produced acceptable results to compute the master meter factor;
</P>
<P>(5) Install the master meter upstream of any back-pressure or reverse flow check valves associated with the operating meter. However, the master meter may be installed either upstream or downstream of the operating meter; and
</P>
<P>(6) Keep a copy of the master meter calibration report at your field location for 2 years.
</P>
<P>(f) <I>What are the requirements for calibrating mechanical-displacement provers and tank provers?</I> You must:
</P>
<P>(1) Calibrate mechanical-displacement provers and tank provers at least once every 5 years according to the API MPMS as incorporated by reference in 30 CFR 250.198, including the following additional editions:
</P>
<P>(i) API MPMS, Chapter 4, Section 8 (incorporated by reference as specified in § 250.198);
</P>
<P>(ii) API MPMS Chapter 12, Section 2, Part 4 (incorporated by reference as specified in § 250.198);
</P>
<P>(2) Submit a copy of each calibration report to the Regional Supervisor within 15 days after the calibration.
</P>
<P>(g) <I>What correction factors must I use when proving meters with a mechanical-displacement prover, tank prover, or master meter?</I> Calculate the following correction factors using the API MPMS as referenced in 30 CFR 250.198, including the following additional editions:
</P>
<P>(1) API MPMS, Chapter 4, Section 8 (incorporated by reference as specified in § 250.198);
</P>
<P>(2) API MPMS Chapter 11, Section 1 (incorporated by reference as specified in § 250.198);
</P>
<P>(3) API MPMS Chapter 12, Section 2, Part 3 (incorporated by reference as specified in § 250.198);
</P>
<P>(4) API MPMS Chapter 12, Section 2, Part 4 (incorporated by reference as specified in § 250.198);
</P>
<P>(h) <I>What are the requirements for establishing and applying operating meter factors for liquid hydrocarbons?</I> (1) If you use a mechanical-displacement prover, you must record proof runs until five out of six consecutive runs produce a difference between individual runs of no greater than .05 percent. You must use the average of the five accepted runs to compute the meter factor.
</P>
<P>(2) If you use a master meter, you must record proof runs until three consecutive runs produce a total meter factor difference of no greater than 0.0005. The flow rate through the meters during the proving must be within 10 percent of the rate at which the line meter will operate. The final meter factor is determined by averaging the meter factors of the three runs;
</P>
<P>(3) If you use a tank prover, you must record proof runs until two consecutive runs produce a meter factor difference of no greater than .0005. The final meter factor is determined by averaging the meter factors of the two runs; and
</P>
<P>(4) You must apply operating meter factors forward starting with the date of the proving.
</P>
<P>(i) <I>Under what circumstances does a liquid hydrocarbon royalty meter need to be taken out of service, and what must I do?</I> (1) If the difference between the meter factor and the previous factor exceeds 0.0025 it is a malfunction factor, and you must:
</P>
<P>(i) Remove the meter from service and inspect it for damage or wear;
</P>
<P>(ii) Adjust or repair the meter, and reprove it;
</P>
<P>(iii) Apply the average of the malfunction factor and the previous factor to the production measured through the meter between the date of the previous factor and the date of the malfunction factor; and
</P>
<P>(iv) Indicate that a meter malfunction occurred and show all appropriate remarks regarding subsequent repairs or adjustments on the proving report.
</P>
<P>(2) If a meter fails to register production, you must:
</P>
<P>(i) Remove the meter from service, repair and reprove it;
</P>
<P>(ii) Apply the previous meter factor to the production run between the date of that factor and the date of the failure; and
</P>
<P>(iii) Estimate and report unregistered production on the run ticket.
</P>
<P>(3) If the results of a royalty meter proving exceed the run tolerance criteria and all measures excluding the adjustment or repair of the meter cannot bring results within tolerance, you must:
</P>
<P>(i) Establish a factor using proving results made before any adjustment or repair of the meter; and
</P>
<P>(ii) Treat the established factor like a malfunction factor (see paragraph (i)(1) of this section).
</P>
<P>(j) <I>How must I correct gross liquid hydrocarbon volumes to standard conditions?</I> To correct gross liquid hydrocarbon volumes to standard conditions, you must:
</P>
<P>(1) Include Cpl factors in the meter factor calculation or list and apply them on the appropriate run ticket.
</P>
<P>(2) List Ctl factors on the appropriate run ticket when the meter is not automatically temperature compensated.
</P>
<P>(k) <I>What are the requirements for liquid hydrocarbon allocation meters?</I> For liquid hydrocarbon allocation meters you must:
</P>
<P>(1) Take samples continuously proportional to flow or daily (use the procedure in the applicable chapter of the API MPMS as incorporated by reference in § 250.198;
</P>
<P>(2) For turbine meters, take the sample proportional to the flow only;
</P>
<P>(3) Prove operating allocation meters monthly if they measure 50 or more barrels per day per meter the previous month. When a force majeure event precludes the required monthly meter proving, meters must be proved within 15 days after being returned to service. The meters must be proved monthly thereafter; or
</P>
<P>(4) Prove operating allocation meters quarterly if they measure less than 50 barrels per day per meter the previous month. When a force majeure event precludes the required quarterly meter proving, meters must be proved within 15 days after being returned to service. The meters must be proved quarterly thereafter;
</P>
<P>(5) Keep a copy of the proving reports at the field location for 2 years;
</P>
<P>(6) Adjust and reprove the meter if the meter factor differs from the previous meter factor by more than 2 percent and less than 7 percent;
</P>
<P>(7) For turbine meters, remove from service, inspect and reprove the meter if the factor differs from the previous meter factor by more than 2 percent and less than 7 percent;
</P>
<P>(8) Repair and reprove, or replace and prove the meter if the meter factor differs from the previous meter factor by 7 percent or more; and
</P>
<P>(9) Permit BSEE representatives to witness provings.
</P>
<P>(l) <I>What are the requirements for royalty and inventory tank facilities?</I> You must:
</P>
<P>(1) Equip each royalty and inventory tank with a vapor-tight thief hatch, a vent-line valve, and a fill line designed to minimize free fall and splashing;
</P>
<P>(2) For royalty tanks, submit a complete set of calibration charts (tank tables) to the Regional Supervisor before using the tanks for royalty measurement;
</P>
<P>(3) For inventory tanks, retain the calibration charts for as long as the tanks are in use and submit them to the Regional Supervisor upon request; and
</P>
<P>(4) Obtain the volume and other measurement parameters by using corrections factors and procedures in the API MPMS as incorporated by reference in 30 CFR 250.198, including: API MPMS Chapter 11, Section 1 (incorporated by reference as specified in § 250.198).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 18921, Mar. 29, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 250.1203" NODE="30:2.0.1.2.3.12.121.4" TYPE="SECTION">
<HEAD>§ 250.1203   Gas measurement.</HEAD>
<XREF ID="20260610" REFID="62">Link to an amendment published at 91 FR 35361, June 10, 2026.</XREF>
<P>(a) <I>To which meters do BSEE requirements for gas measurement apply?</I> BSEE requirements for gas measurements apply to all OCS gas royalty and allocation meters.
</P>
<P>(b) <I>What are the requirements for measuring gas?</I> You must:
</P>
<P>(1) Submit a written application to, and obtain approval from, the Regional Supervisor before commencing gas production, or making any changes to the previously-approved measurement and/or allocation procedures. Your application (which may also include any relevant liquid hydrocarbon measurement and surface commingling requests) must be accompanied by payment of the service fee listed in § 250.125. The service fees are divided into two levels based on complexity, see table in § 250.1202(a)(1).
</P>
<P>(2) Design, install, use, maintain, and test measurement equipment and procedures to ensure accurate and verifiable measurement. You must follow the recommendations in API MPMS or RP and AGA as incorporated by reference in 30 CFR 250.198, including the following additional editions:
</P>
<P>(i) API RP 86 (incorporated by reference as specified in § 250.198);
</P>
<P>(ii) AGA Report No. 7 (incorporated by reference as specified in § 250.198);
</P>
<P>(iii) AGA Report No. 9 (incorporated by reference as specified in § 250.198);
</P>
<P>(iv) AGA Report No. 10 (incorporated by reference as specified in § 250.198);
</P>
<P>(3) Ensure that the measurement components demonstrate consistent levels of accuracy throughout the system.
</P>
<P>(4) Equip the meter with a chart or electronic data recorder. If an electronic data recorder is used, you must follow the recommendations in API MPMS(incorporated by reference as specified in § 250.198).
</P>
<P>(5) Take proportional-to-flow or spot samples upstream or downstream of the meter at least once every 6 months.
</P>
<P>(6) When requested by the Regional Supervisor, provide available information on the gas quality.
</P>
<P>(7) Ensure that standard conditions for reporting gross heating value (Btu) are at a base temperature of 60 °F and at a base pressure of 14.73 psia and reflect the same degree of water saturation as in the gas volume.
</P>
<P>(8) When requested by the Regional Supervisor, submit copies of gas volume statements for each requested gas meter. Show whether gas volumes and gross Btu heating values are reported at saturated or unsaturated conditions; and
</P>
<P>(9) When requested by the Regional Supervisor, provide volume and quality statements on dispositions other than those on the gas volume statement.
</P>
<P>(c) <I>What are the requirements for gas meter calibrations?</I> You must:
</P>
<P>(1) Verify/calibrate operating meters monthly, but do not exceed 42 days between verifications/calibrations. When a force majeure event precludes the required monthly meter verification/calibration, meters must be verified/calibrated within 15 days after being returned to service. The meters must be verified/calibrated monthly thereafter, but do not exceed 42 days between meter verifications/calibrations;
</P>
<P>(2) Calibrate each meter by using the manufacturer's specifications;
</P>
<P>(3) Conduct calibrations as close as possible to the average hourly rate of flow since the last calibration;
</P>
<P>(4) Retain calibration reports at the field location for 2 years, and send the reports to the Regional Supervisor upon request; and
</P>
<P>(5) Permit BSEE representatives to witness calibrations.
</P>
<P>(d) <I>What must I do if a gas meter is out of calibration or malfunctioning?</I> If a gas meter is out of calibration or malfunctioning, you must:
</P>
<P>(1) If the readings are greater than the contractual tolerances, adjust the meter to function properly or remove it from service and replace it.
</P>
<P>(2) Correct the volumes to the last acceptable calibration as follows:
</P>
<P>(i) If the duration of the error can be determined, calculate the volume adjustment for that period.
</P>
<P>(ii) If the duration of the error cannot be determined, apply the volume adjustment to one-half of the time elapsed since the last calibration or 21 days, whichever is less.
</P>
<P>(e) <I>What are the requirements when natural gas from a Federal lease on the OCS is transferred to a gas plant before royalty determination?</I> If natural gas from a Federal lease on the OCS is transferred to a gas plant before royalty determination:
</P>
<P>(1) You must provide the following to the Regional Supervisor upon request:
</P>
<P>(i) A copy of the monthly gas processing plant allocation statement; and
</P>
<P>(ii) Gross heating values of the inlet and residue streams when not reported on the gas plant statement.
</P>
<P>(2) You must permit BSEE to inspect the measurement and sampling equipment of natural gas processing plants that process Federal production.
</P>
<P>(f) <I>What are the requirements for measuring gas lost or used on a lease?</I> (1) You must either measure or estimate the volume of gas lost or used on a lease.
</P>
<P>(2) If you measure the volume, document the measurement equipment used and include the volume measured.
</P>
<P>(3) If you estimate the volume, document the estimating method, the data used, and the volumes estimated.
</P>
<P>(4) You must keep the documentation, including the volume data, easily obtainable for inspection at the field location for at least 2 years, and must retain the documentation at a location of your choosing for at least 7 years after the documentation is generated, subject to all other document retention and production requirements in 30 U.S.C. 1713 and 30 CFR part 1212.
</P>
<P>(5) Upon the request of the Regional Supervisor, you must provide copies of the records.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 18922, Mar. 29, 2012; 85 FR 84237, Dec. 28, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 250.1204" NODE="30:2.0.1.2.3.12.121.5" TYPE="SECTION">
<HEAD>§ 250.1204   Surface commingling.</HEAD>
<XREF ID="20260610" REFID="63">Link to an amendment published at 91 FR 35361, June 10, 2026.</XREF>
<P>(a) <I>What are the requirements for the surface commingling of production?</I> You must:
</P>
<P>(1) Submit a written application to, and obtain approval from, the Regional Supervisor before commencing the commingling of production or making any changes to the previously approved commingling procedures. Your application (which may also include any relevant liquid hydrocarbon and gas measurement requests) must be accompanied by payment of the service fee listed in § 250.125. The service fees are divided into two levels based on complexity, see table in § 250.1202(a)(1).
</P>
<P>(2) Upon the request of the Regional Supervisor, lessees who deliver State lease production into a Federal commingling system must provide volumetric or fractional analysis data on the State lease production through the designated system operator.
</P>
<P>(b) <I>What are the requirements for a periodic well test used for allocation?</I> You must:
</P>
<P>(1) Conduct a well test at least once every 60 days unless the Regional Supervisor approves a different frequency. When a force majeure event precludes the required well test within the prescribed 60 day period (or other frequency approved by the Regional Supervisor), wells must be tested within 15 days after being returned to production. Thereafter, well tests must be conducted at least once every 60 days (or other frequency approved by the Regional Supervisor);
</P>
<P>(2) Follow the well test procedures in 30 CFR part 250, subpart K; and
</P>
<P>(3) Retain the well test data at the field location for 2 years.


</P>
</DIV8>


<DIV8 N="§ 250.1205" NODE="30:2.0.1.2.3.12.121.6" TYPE="SECTION">
<HEAD>§ 250.1205   Site security.</HEAD>
<P>(a) <I>What are the requirements for site security?</I> You must:
</P>
<P>(1) Protect Federal production against production loss or theft;
</P>
<P>(2) Post a sign at each royalty or inventory tank which is used in the royalty determination process. The sign must contain the name of the facility operator, the size of the tank, and the tank number;
</P>
<P>(3) Not bypass BSEE-approved liquid hydrocarbon royalty meters and tanks; and
</P>
<P>(4) Report the following to the Regional Supervisor as soon as possible, but no later than the next business day after discovery:
</P>
<P>(i) Theft or mishandling of production;
</P>
<P>(ii) Tampering or bypassing any component of the royalty measurement facility; and
</P>
<P>(iii) Falsifying production measurements.
</P>
<P>(b) <I>What are the requirements for using seals?</I> You must:
</P>
<P>(1) Seal the following components of liquid hydrocarbon royalty meter installations to ensure that tampering cannot occur without destroying the seal:
</P>
<P>(i) Meter component connections from the base of the meter up to and including the register;
</P>
<P>(ii) Sampling systems including packing device, fittings, sight glass, and container lid;
</P>
<P>(iii) Temperature and gravity compensation device components;
</P>
<P>(iv) All valves on lines leaving a royalty or inventory storage tank, including load-out line valves, drain-line valves, and connection-line valves between royalty and non-royalty tanks; and
</P>
<P>(v) Any additional components required by the Regional Supervisor.
</P>
<P>(2) Seal all bypass valves of gas royalty and allocation meters.
</P>
<P>(3) Number and track the seals and keep the records at the field location for at least 2 years; and
</P>
<P>(4) Make the records of seals available for BSEE inspection.


</P>
</DIV8>

</DIV6>


<DIV6 N="M" NODE="30:2.0.1.2.3.13" TYPE="SUBPART">
<HEAD>Subpart M—Unitization</HEAD>


<DIV8 N="§ 250.1300" NODE="30:2.0.1.2.3.13.121.1" TYPE="SECTION">
<HEAD>§ 250.1300   What is the purpose of this subpart?</HEAD>
<P>This subpart explains how Outer Continental Shelf (OCS) leases are unitized. If you are an OCS lessee, use the regulations in this subpart for both competitive reservoir and unitization situations. The purpose of joint development and unitization is to:
</P>
<P>(a) Conserve natural resources;
</P>
<P>(b) Prevent waste; and/or
</P>
<P>(c) Protect correlative rights, including Federal royalty interests.


</P>
</DIV8>


<DIV8 N="§ 250.1301" NODE="30:2.0.1.2.3.13.121.2" TYPE="SECTION">
<HEAD>§ 250.1301   What are the requirements for unitization?</HEAD>
<P>(a) <I>Voluntary unitization.</I> You and other OCS lessees may ask the Regional Supervisor to approve a request for voluntary unitization. The Regional Supervisor may approve the request for voluntary unitization if unitized operations:
</P>
<P>(1) Promote and expedite exploration and development; or
</P>
<P>(2) Prevent waste, conserve natural resources, or protect correlative rights, including Federal royalty interests, of a reasonably delineated and productive reservoir.
</P>
<P>(b) <I>Compulsory unitization.</I> The Regional Supervisor may require you and other lessees to unitize operations of a reasonably delineated and productive reservoir if unitized operations are necessary to:
</P>
<P>(1) Prevent waste;
</P>
<P>(2) Conserve natural resources; or
</P>
<P>(3) Protect correlative rights, including Federal royalty interests.
</P>
<P>(c) <I>Unit area.</I> The area that a unit includes is the minimum number of leases that will allow the lessees to minimize the number of platforms, facility installations, and wells necessary for efficient exploration, development, and production of mineral deposits, oil and gas reservoirs, or potential hydrocarbon accumulations common to two or more leases. A unit may include whole leases or portions of leases.
</P>
<P>(d) <I>Unit agreement.</I> You, the other lessees, and the unit operator must enter into a unit agreement. The unit agreement must: allocate benefits to unitized leases, designate a unit operator, and specify the effective date of the unit agreement. The unit agreement must terminate when: the unit no longer produces unitized substances, and the unit operator no longer conducts drilling or well-workover operations (§ 250.180) under the unit agreement, unless the Regional Supervisor orders or approves a suspension of production under § 250.170.
</P>
<P>(e) <I>Unit operating agreement.</I> The unit operator and the owners of working interests in the unitized leases must enter into a unit operating agreement. The unit operating agreement must describe how all the unit participants will apportion all costs and liabilities incurred maintaining or conducting operations. When a unit involves one or more net-profit-share leases, the unit operating agreement must describe how to attribute costs and credits to the net-profit-share lease(s), and this part of the agreement must be approved by the Regional Supervisor. Otherwise, you must provide a copy of the unit operating agreement to the Regional Supervisor, but the Regional Supervisor does not need to approve the unit operating agreement.
</P>
<P>(f) <I>Extension of a lease covered by unit operations.</I> If your unit agreement expires or terminates, or the unit area adjusts so that no part of your lease remains within the unit boundaries, your lease expires unless:
</P>
<P>(1) Its initial term has not expired;
</P>
<P>(2) You conduct drilling, production, or well-reworking operations on your lease consistent with applicable regulations; or
</P>
<P>(3) BSEE orders or approves a suspension of production or operations for your lease.
</P>
<P>(g) <I>Unit operations.</I> If your lease, or any part of your lease, is subject to a unit agreement, the entire lease continues for the term provided in the lease, and as long thereafter as any portion of your lease remains part of the unit area, and as long as operations continue the unit in effect.
</P>
<P>(1) If you drill, produce or perform well-workover operations on a lease within a unit, each lease, or part of a lease, in the unit will remain active in accordance with the unit agreement. Following a discovery, if your unit ceases drilling activities for a reasonable time period between the delineation of one or more reservoirs and the initiation of actual development drilling or production operations and that time period would extend beyond your lease's primary term or any extension under § 250.180, the unit operator must request and obtain BSEE approval of a suspension of production under § 250.170 in order to keep the unit from terminating.
</P>
<P>(2) When a lease in a unit agreement is beyond the primary term and the lease or unit is not producing, the lease will expire unless:
</P>
<P>(i) You conduct a continuous drilling or well reworking program designed to develop or restore the lease or unit production; or
</P>
<P>(ii) BSEE orders or approves a suspension of operations under § 250.170.


</P>
</DIV8>


<DIV8 N="§ 250.1302" NODE="30:2.0.1.2.3.13.121.3" TYPE="SECTION">
<HEAD>§ 250.1302   What if I have a competitive reservoir on a lease?</HEAD>
<P>(a) The Regional Supervisor may require you to conduct development and production operations in a competitive reservoir under either a joint Competitive Reservoir Development Program submitted to BSEE or a unitization agreement. A competitive reservoir has one or more producing or producible well completions on each of two or more leases, or portions of leases, with different lease operating interests. For purposes of this paragraph, a producible well completion is a well which is capable of production and which is shut in at the well head or at the surface but not necessarily connected to production facilities and from which the operator plans future production.
</P>
<P>(b) You may request that the Regional Supervisor make a preliminary determination whether a reservoir is competitive. When you receive the preliminary determination, you have 30 days (or longer if the Regional Supervisor allows additional time) to concur or to submit an objection with supporting evidence if you do not concur. The Regional Supervisor will make a final determination and notify you and the other lessees.
</P>
<P>(c) If you conduct drilling or production operations in a reservoir determined competitive by the BSEE Regional Supervisor, you and the other affected lessees must submit for approval a joint Competitive Reservoir Development Program. You must submit the joint Competitive Reservoir Development Program within 90 days after the Regional Supervisor makes a final determination that the reservoir is competitive. The joint Competitive Reservoir Development Program must provide for the development and/or production of the reservoir. You may submit supplemental Competitive Reservoir Development Programs for the Regional Supervisor's approval.
</P>
<P>(d) If you and the other affected lessees cannot reach an agreement on a joint Competitive Reservoir Development Program, submitted to BSEE within the approved period of time, each lessee must submit a separate Competitive Reservoir Development Program to the Regional Supervisor. The Regional Supervisor will hold a hearing to resolve differences in the separate Competitive Reservoir Development Programs. If the differences in the separate programs are not resolved at the hearing and the Regional Supervisor determines that unitization is necessary under § 250.1301(b), BSEE will initiate unitization under § 250.1304.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1303" NODE="30:2.0.1.2.3.13.121.4" TYPE="SECTION">
<HEAD>§ 250.1303   How do I apply for voluntary unitization?</HEAD>
<P>(a) You must file a request for a voluntary unit with the Regional Supervisor. Your request must include:
</P>
<P>(1) A draft of the proposed unit agreement;
</P>
<P>(2) A proposed initial plan of operation;
</P>
<P>(3) Supporting geological, geophysical, and engineering data; and
</P>
<P>(4) Other information that may be necessary to show that the unitization proposal meets the criteria of § 250.1300.
</P>
<P>(b) The unit agreement must comply with the requirements of this part. BSEE will maintain and provide a model unit agreement for you to follow. If BSEE revises the model, BSEE will publish the revised model in the <E T="04">Federal Register.</E> If you vary your unit agreement from the model agreement, you must obtain the approval of the Regional Supervisor.
</P>
<P>(c) After the Regional Supervisor accepts your unitization proposal, you, the other lessees, and the unit operator must sign and file copies of the unit agreement, the unit operating agreement, and the initial plan of operation with the Regional Supervisor for approval.
</P>
<P>(d) You must pay the service fee listed in § 250.125 of this part with your request for a voluntary unitization proposal or the expansion of a previously approved voluntary unit to include additional acreage. Additionally, you must pay the service fee listed in § 250.125 with your request for unitization revision.


</P>
</DIV8>


<DIV8 N="§ 250.1304" NODE="30:2.0.1.2.3.13.121.5" TYPE="SECTION">
<HEAD>§ 250.1304   How will BSEE require unitization?</HEAD>
<P>(a) If the Regional Supervisor determines that unitization of operations within a proposed unit area is necessary to prevent waste, conserve natural resources of the OCS, or protect correlative rights, including Federal royalty interests, the Regional Supervisor may require unitization.
</P>
<P>(b) If you ask BSEE to require unitization, you must file a request with the Regional Supervisor. You must include a proposed unit agreement as described in §§ 250.1301(d) and 250.1303(b); a proposed unit operating agreement; a proposed initial plan of operation; supporting geological, geophysical, and engineering data; and any other information that may be necessary to show that unitization meets the criteria of § 250.1300. The proposed unit agreement must include a counterpart executed by each lessee seeking compulsory unitization. Lessees who seek compulsory unitization must simultaneously serve on the nonconsenting lessees copies of:
</P>
<P>(1) The request;
</P>
<P>(2) The proposed unit agreement with executed counterparts;
</P>
<P>(3) The proposed unit operating agreement; and
</P>
<P>(4) The proposed initial plan of operation.
</P>
<P>(c) If the Regional Supervisor initiates compulsory unitization, BSEE will serve all lessees of the proposed unit area with a proposed unitization plan and a statement of reasons for the proposed unitization.
</P>
<P>(d) The Regional Supervisor will not require unitization until BSEE provides all lessees of the proposed unit area written notice and an opportunity for a hearing. If you want BSEE to hold a hearing, you must request it within 30 days after you receive written notice from the Regional Supervisor or after you are served with a request for compulsory unitization from another lessee.
</P>
<P>(e) BSEE will not hold a hearing under this paragraph until at least 30 days after BSEE provides written notice of the hearing date to all parties owning interests that would be made subject to the unit agreement. The Regional Supervisor must give all lessees of the proposed unit area an opportunity to submit views orally and in writing and to question both those seeking and those opposing compulsory unitization. Adjudicatory procedures are not required. The Regional Supervisor will make a decision based upon a record of the hearing, including any written information made a part of the record. The Regional Supervisor will arrange for a court reporter to make a verbatim transcript. The party seeking compulsory unitization must pay for the court reporter and pay for and provide to the Regional Supervisor within 10 days after the hearing three copies of the verbatim transcript.
</P>
<P>(f) The Regional Supervisor will issue an order that requires or rejects compulsory unitization. That order must include a statement of reasons for the action taken and identify those parts of the record which form the basis of the decision. Any adversely affected party may appeal the final order of the Regional Supervisor under 30 CFR part 290.


</P>
</DIV8>

</DIV6>


<DIV6 N="N" NODE="30:2.0.1.2.3.14" TYPE="SUBPART">
<HEAD>Subpart N—Outer Continental Shelf Civil Penalties</HEAD>


<DIV7 N="121" NODE="30:2.0.1.2.3.14.121" TYPE="SUBJGRP">
<HEAD>Outer Continental Shelf Lands Act Civil Penalties</HEAD>


<DIV8 N="§ 250.1400" NODE="30:2.0.1.2.3.14.121.1" TYPE="SECTION">
<HEAD>§ 250.1400   How does BSEE begin the civil penalty process?</HEAD>
<P>This subpart explains BSEEs civil penalty procedures whenever a lessee, operator or other person engaged in oil, gas, sulphur or other minerals operations in the OCS has a violation. Whenever BSEE determines, on the basis of available evidence, that a violation occurred and a civil penalty review is appropriate, it will prepare a case file. BSEE will appoint a Reviewing Officer.


</P>
</DIV8>


<DIV8 N="§ 250.1401" NODE="30:2.0.1.2.3.14.121.2" TYPE="SECTION">
<HEAD>§ 250.1401   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.1402" NODE="30:2.0.1.2.3.14.121.3" TYPE="SECTION">
<HEAD>§ 250.1402   Definitions.</HEAD>
<P>Terms used in this subpart have the following meaning:
</P>
<P><I>Case file</I> means a BSEE document file containing information and the record of evidence related to the alleged violation.
</P>
<P><I>Civil penalty</I> means a fine. It is a BSEE regulatory enforcement tool used in addition to Notices of Incidents of Noncompliance and directed suspensions of production or other operations.
</P>
<P><I>Reviewing Officer</I> means a BSEE employee assigned to review case files and assess civil penalties.
</P>
<P><I>Violation</I> means failure to comply with the Outer Continental Shelf Lands Act (OCSLA) or any other applicable laws, with any regulations issued under the OCSLA, or with the terms or provisions of leases, licenses, permits, rights-of-way, or other approvals issued under the OCSLA.
</P>
<P><I>Violator</I> means a person responsible for a violation.


</P>
</DIV8>


<DIV8 N="§ 250.1403" NODE="30:2.0.1.2.3.14.121.4" TYPE="SECTION">
<HEAD>§ 250.1403   What is the maximum civil penalty?</HEAD>
<P>The maximum civil penalty is $55,764 per day per violation.
</P>
<CITA TYPE="N">[90 FR 44149, Sept. 12, 2025]










</CITA>
</DIV8>


<DIV8 N="§ 250.1404" NODE="30:2.0.1.2.3.14.121.5" TYPE="SECTION">
<HEAD>§ 250.1404   Which violations will BSEE review for potential civil penalties?</HEAD>
<P>BSEE will review each of the following violations for potential civil penalties:
</P>
<P>(a) Violations that you do not correct within the period BSEE grants;
</P>
<P>(b) Violations that BSEE determines may constitute, or constituted, a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment; or
</P>
<P>(c) Violations that cause serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment.
</P>
<P>(d) Violations of the oil spill financial responsibility requirements at 30 CFR part 553.


</P>
</DIV8>


<DIV8 N="§ 250.1405" NODE="30:2.0.1.2.3.14.121.6" TYPE="SECTION">
<HEAD>§ 250.1405   When is a case file developed?</HEAD>
<P>BSEE will develop a case file during its investigation of the violation, and forward it to a Reviewing Officer if any of the conditions in § 250.1404 exist. The Reviewing Officer will review the case file and determine if a civil penalty is appropriate. The Reviewing Officer may administer oaths and issue subpoenas requiring witnesses to attend meetings, submit depositions, or produce evidence.


</P>
</DIV8>


<DIV8 N="§ 250.1406" NODE="30:2.0.1.2.3.14.121.7" TYPE="SECTION">
<HEAD>§ 250.1406   When will BSEE notify me and provide penalty information?</HEAD>
<P>If the Reviewing Officer determines that a civil penalty should be assessed, the Reviewing Officer will send the violator a letter of notification. The letter of notification will include:
</P>
<P>(a) The amount of the proposed civil penalty;
</P>
<P>(b) Information on the violation(s); and
</P>
<P>(c) Instruction on how to obtain a copy of the case file, schedule a meeting, submit information, or pay the penalty.


</P>
</DIV8>


<DIV8 N="§ 250.1407" NODE="30:2.0.1.2.3.14.121.8" TYPE="SECTION">
<HEAD>§ 250.1407   How do I respond to the letter of notification?</HEAD>
<P>You have 30 calendar days after you receive the Reviewing Officer's letter to either:
</P>
<P>(a) Request, in writing, a meeting with the Reviewing Officer;
</P>
<P>(b) Submit additional information; or
</P>
<P>(c) Pay the proposed civil penalty.


</P>
</DIV8>


<DIV8 N="§ 250.1408" NODE="30:2.0.1.2.3.14.121.9" TYPE="SECTION">
<HEAD>§ 250.1408   When will I be notified of the Reviewing Officer's decision?</HEAD>
<P>At the end of the 30 calendar days or after the meeting and submittal of additional information, the Reviewing Officer will review the case file, including all information you submitted, and send you a decision. The decision will include the amount of any final civil penalty, the basis for the civil penalty, and instructions for paying or appealing the civil penalty.


</P>
</DIV8>


<DIV8 N="§ 250.1409" NODE="30:2.0.1.2.3.14.121.10" TYPE="SECTION">
<HEAD>§ 250.1409   What are my appeal rights?</HEAD>
<P>(a) When you receive the Reviewing Officer's final decision, you have 60 days to either pay the penalty or file an appeal in accordance with 30 CFR part 290, subpart A.
</P>
<P>(b) In order to file an appeal, you must perform one of the following actions within the 60-day appeal period to have your appeal heard:
</P>
<P>(1) Submit a surety bond in the amount of the penalty to the appropriate Leasing Office in the Region where the penalty was assessed, following instructions that the Reviewing Officer will include in the final decision; or
</P>
<P>(2) Notify the appropriate Leasing Office, in the Region where the penalty was assessed, that you want your lease-specific/area-wide bond on file to be used as the bond for the penalty amount.
</P>
<P>(c) If you choose the alternative in paragraph (b)(2) of this section, the BOEM Regional Director may require additional security (<I>i.e.,</I> security in excess of your existing bond) to ensure sufficient coverage during an appeal. In that event, the Regional Director will require you to post the supplemental bond with the regional office in the same manner as under 30 CFR 556.53(d) through (f). If the Regional Director determines the appeal should be covered by a lease-specific abandonment account then you must establish an account that meets the requirements of 30 CFR part 556.56.
</P>
<P>(d) Satisfying the bonding requirement in paragraph (b) of this section is a jurisdictional precondition for a civil penalty appeal. If you have timely filed a request with BOEM pursuant to paragraph (b)(2) of this section to use your lease-specific/area-wide bond on file as the bond for the penalty amount, the IBLA's jurisdiction over the appeal is preserved while BOEM's decision on your request is pending. Should BOEM deny your request or require additional security pursuant to paragraph (c) of this section, you have 30 days to satisfy paragraph (b)(1) of this section or post the required additional security, as applicable, and jurisdiction is preserved during that 30-day period. If you fail to satisfy these bonding requirements, the IBLA will lose jurisdiction and must dismiss your appeal.
</P>
<P>(e) If you do not either pay the penalty or fully satisfy the appeal requirements, the Department may take one or more of the following actions:
</P>
<P>(1) Collect the amount you were assessed, plus interest, late payment charges, and other fees as provided by law, from the date you received the Reviewing Officer's final decision until the date we receive payment;
</P>
<P>(2) Initiate additional enforcement, including, if appropriate, cancellation of the lease, right-of-way, license, permit, or approval, or the forfeiture of a bond under this part; or
</P>
<P>(3) Bar you from doing further business with the Federal Government according to Executive Orders 12549 and 12689, and section 2455 of the Federal Acquisition Streamlining Act of 1994, 31 U.S.C. 6101. The Department of the Interior's regulations implementing these authorities are found at 43 CFR part 12, subpart D.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 89 FR 89925, Nov. 14, 2024; 90 FR 34596, July 23, 2025]




</CITA>
</DIV8>

</DIV7>


<DIV7 N="122" NODE="30:2.0.1.2.3.14.122" TYPE="SUBJGRP">
<HEAD>Federal Oil and Gas Royalty Management Act Civil Penalties Definitions</HEAD>


<DIV8 N="§ 250.1450" NODE="30:2.0.1.2.3.14.122.11" TYPE="SECTION">
<HEAD>§ 250.1450   What definitions apply to this subpart?</HEAD>
<P>The terms used in this subpart have the same meaning as in 30 U.S.C. 1702.


</P>
</DIV8>

</DIV7>


<DIV7 N="123" NODE="30:2.0.1.2.3.14.123" TYPE="SUBJGRP">
<HEAD>Penalties After a Period To Correct</HEAD>


<DIV8 N="§ 250.1451" NODE="30:2.0.1.2.3.14.123.12" TYPE="SECTION">
<HEAD>§ 250.1451   What may BSEE do if I violate a statute, regulation, order, or lease term relating to a Federal oil and gas lease?</HEAD>
<P>(a) If we believe that you have not followed any requirement of a statute, regulation, order, or lease term for any Federal oil or gas lease, we may send you a Notice of Noncompliance informing you what the violation is and what you need to do to correct it to avoid civil penalties under 30 U.S.C. 1719(a) and (b).
</P>
<P>(b) We will serve the Notice of Noncompliance by registered mail or personal service using the most current address on file as maintained by the BOEM Leasing Office in your respective Region.


</P>
</DIV8>


<DIV8 N="§ 250.1452" NODE="30:2.0.1.2.3.14.123.13" TYPE="SECTION">
<HEAD>§ 250.1452   What if I correct the violation?</HEAD>
<P>The matter will be closed if you correct all of the violations identified in the Notice of Noncompliance within 20 days after you receive the Notice (or within a longer time period specified in the Notice).


</P>
</DIV8>


<DIV8 N="§ 250.1453" NODE="30:2.0.1.2.3.14.123.14" TYPE="SECTION">
<HEAD>§ 250.1453   What if I do not correct the violation?</HEAD>
<P>(a) We may send you a Notice of Civil Penalty if you do not correct all of the violations identified in the Notice of Noncompliance within 20 days after you receive the Notice of Noncompliance (or within a longer time period specified in that Notice). The Notice of Civil Penalty will tell you how much penalty you must pay for each day, beginning with the date of the Notice of Noncompliance, for each violation identified in the Notice of Noncompliance for as long as you do not correct the violation. The maximum civil penalty amount for each day of such an uncorrected violation is as specified in 30 CFR 1241.52(a)(2).
</P>
<P>(b) If you do not correct all of the violations identified in the Notice of Noncompliance within 40 days after you receive the Notice of Noncompliance (or 20 days following the expiration of a longer time period specified in that Notice), we may increase the penalty for each day, beginning with the date of the Notice of Noncompliance, for each violation for as long as you do not correct the violations. The maximum civil penalty amount for each day of such an uncorrected violation is as specified in 30 CFR 1241.52(b).
</P>
<CITA TYPE="N">[86 FR 34134, June 29, 2021]


</CITA>
</DIV8>


<DIV8 N="§ 250.1454" NODE="30:2.0.1.2.3.14.123.15" TYPE="SECTION">
<HEAD>§ 250.1454   How may I request a hearing on the record on a Notice of Noncompliance?</HEAD>
<P>You may request a hearing on the record on a Notice of Noncompliance by filing a request within 30 days of the date you received the Notice of Noncompliance with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Arlington, Virginia 22203. You may do this regardless of whether you correct the violations identified in the Notice of Noncompliance.


</P>
</DIV8>


<DIV8 N="§ 250.1455" NODE="30:2.0.1.2.3.14.123.16" TYPE="SECTION">
<HEAD>§ 250.1455   Does my request for a hearing on the record affect the penalties?</HEAD>
<P>(a) If you do not correct the violations identified in the Notice of Noncompliance, the penalties will continue to accrue even if you request a hearing on the record.
</P>
<P>(b) You may petition the Hearings Division (Departmental) of the Office of Hearings and Appeals, to stay the accrual of penalties pending the hearing on the record and a decision by the Administrative Law Judge under § 250.1472.
</P>
<P>(1) You must file your petition within 45 calendar days of receiving the Notice of Noncompliance.
</P>
<P>(2) To stay the accrual of penalties, you must post a bond or other surety instrument, or demonstrate financial solvency, using the standards and requirements as prescribed in BOEM's regulations, 30 CFR part 550, subpart N. The posted amount must cover the unpaid principal and interest due for the Notice of Noncompliance, plus the amount of any penalties accrued before the date a stay becomes effective.
</P>
<P>(3) The Hearings Division will grant or deny the petition under 43 CFR 4.21(b).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1456" NODE="30:2.0.1.2.3.14.123.17" TYPE="SECTION">
<HEAD>§ 250.1456   May I request a hearing on the record regarding the amount of a civil penalty if I did not request a hearing on the Notice of Noncompliance?</HEAD>
<P>(a) You may request a hearing on the record to challenge only the amount of a civil penalty when you receive a Notice of Civil Penalty, if you did not previously request a hearing on the record under § 250.1454. If you did not request a hearing on the record on the Notice of Noncompliance under § 250.1454, you may not contest your underlying liability for civil penalties.
</P>
<P>(b) You must file your request within 10 days after you receive the Notice of Civil Penalty with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Arlington, Virginia 22203.


</P>
</DIV8>

</DIV7>


<DIV7 N="124" NODE="30:2.0.1.2.3.14.124" TYPE="SUBJGRP">
<HEAD>Penalties Without a Period To Correct</HEAD>


<DIV8 N="§ 250.1460" NODE="30:2.0.1.2.3.14.124.18" TYPE="SECTION">
<HEAD>§ 250.1460   May I be subject to penalties without prior notice and an opportunity to correct?</HEAD>
<P>The Federal Oil and Gas Royalty Management Act sets out several specific violations for which penalties accrue without an opportunity to first correct the violation.
</P>
<P>(a) Under 30 U.S.C. 1719(c), you may be subject to civil penalties up to the maximum amount specified in 30 CFR 1241.60(b)(1) for each violation for each day that it continues if you:
</P>
<P>(1) Fail or refuse to permit lawful entry, inspection, or audit; or
</P>
<P>(2) Knowingly or willfully fail or refuse to notify the Secretary, within 5 business days after any well begins production on a lease site or allocated to a lease site, or resumes production in the case of a well which has been off production for more than 90 days, of the date on which production has begun or resumed.
</P>
<P>(b) Under 30 U.S.C. 1719(d), you may be subject to civil penalties up to the maximum amount specified in 30 CFR 1241.60(b)(2) for each violation for each day that it continues if you:
</P>
<P>(1) Knowingly or willfully prepare, maintain, or submit false, inaccurate, or misleading reports, notices, affidavits, records, data, or other written information;
</P>
<P>(2) Knowingly or willfully take or remove, transport, use or divert any oil or gas from any lease site without having valid legal authority to do so; or
</P>
<P>(3) Purchase, accept, sell, transport, or convey to another person, any oil or gas knowing or having reason to know that such oil or gas was stolen or unlawfully removed or diverted.
</P>
<CITA TYPE="N">[86 FR 34134, June 29, 2021]


</CITA>
</DIV8>


<DIV8 N="§ 250.1461" NODE="30:2.0.1.2.3.14.124.19" TYPE="SECTION">
<HEAD>§ 250.1461   How will BSEE inform me of violations without a period to correct?</HEAD>
<P>We will inform you of any violation, without a period to correct, by issuing a Notice of Noncompliance and Civil Penalty explaining the violation, how to correct it, and the penalty assessment. We will serve the Notice of Noncompliance and Civil Penalty by registered mail or personal service using your address of record as specified under 30 CFR part 1218, Subpart H.


</P>
</DIV8>


<DIV8 N="§ 250.1462" NODE="30:2.0.1.2.3.14.124.20" TYPE="SECTION">
<HEAD>§ 250.1462   How may I request a hearing on the record on a Notice of Noncompliance regarding violations without a period to correct?</HEAD>
<P>You may request a hearing on the record of a Notice of Noncompliance regarding violations without a period to correct by filing a request within 30 days after you receive the Notice of Noncompliance with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Arlington, Virginia 22203. You may do this regardless of whether you correct the violations identified in the Notice of Noncompliance.


</P>
</DIV8>


<DIV8 N="§ 250.1463" NODE="30:2.0.1.2.3.14.124.21" TYPE="SECTION">
<HEAD>§ 250.1463   Does my request for a hearing on the record affect the penalties?</HEAD>
<P>(a) If you do not correct the violations identified in the Notice of Noncompliance regarding violations without a period to correct, the penalties will continue to accrue even if you request a hearing on the record.
</P>
<P>(b) You may ask the Hearings Division (Departmental) to stay the accrual of penalties pending the hearing on the record and a decision by the Administrative Law Judge under § 250.1472.
</P>
<P>(1) You must file your petition within 45 calendar days after you receive the Notice of Noncompliance.
</P>
<P>(2) To stay the accrual of penalties, you must post a bond or other surety instrument, or demonstrate financial solvency, using the standards and requirements as prescribed in BOEM's regulations, 30 CFR part 550, subpart N. The posted amount must cover the unpaid principal and interest due for the Notice of Noncompliance, plus the amount of any penalties accrued before the date a stay becomes effective.
</P>
<P>(3) The Hearings Division will grant or deny the petition under 43 CFR 4.21(b).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36150, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1464" NODE="30:2.0.1.2.3.14.124.22" TYPE="SECTION">
<HEAD>§ 250.1464   May I request a hearing on the record regarding the amount of a civil penalty if I did not request a hearing on the Notice of Noncompliance?</HEAD>
<P>(a) You may request a hearing on the record to challenge only the amount of a civil penalty when you receive a Notice of Civil Penalty regarding violations without a period to correct, if you did not previously request a hearing on the record under § 250.1462. If you did not request a hearing on the record on the Notice of Noncompliance under § 250.1462, you may not contest your underlying liability for civil penalties.
</P>
<P>(b) You must file your request within 10 days after you receive Notice of Civil Penalty with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy, Arlington, Virginia 22203.


</P>
</DIV8>

</DIV7>


<DIV7 N="125" NODE="30:2.0.1.2.3.14.125" TYPE="SUBJGRP">
<HEAD>General Provisions</HEAD>


<DIV8 N="§ 250.1470" NODE="30:2.0.1.2.3.14.125.23" TYPE="SECTION">
<HEAD>§ 250.1470   How does BSEE decide what the amount of the penalty should be?</HEAD>
<P>We determine the amount of the penalty by considering the severity of the violations, your history of compliance, and if you are a small business.


</P>
</DIV8>


<DIV8 N="§ 250.1471" NODE="30:2.0.1.2.3.14.125.24" TYPE="SECTION">
<HEAD>§ 250.1471   Does the penalty affect whether I owe interest?</HEAD>
<P>If you do not pay the penalty by the date required under § 250.1475(d), BSEE will assess you late payment interest on the penalty amount at the same rate interest is assessed under 30 CFR 1218.54.


</P>
</DIV8>


<DIV8 N="§ 250.1472" NODE="30:2.0.1.2.3.14.125.25" TYPE="SECTION">
<HEAD>§ 250.1472   How will the Office of Hearings and Appeals conduct the hearing on the record?</HEAD>
<P>If you request a hearing on the record under §§ 250.1454, 250.1456, 250.1462, or 250.1464, the hearing will be conducted by a Departmental Administrative Law Judge from the Office of Hearings and Appeals. After the hearing, the Administrative Law Judge will issue a decision in accordance with the evidence presented and applicable law.


</P>
</DIV8>


<DIV8 N="§ 250.1473" NODE="30:2.0.1.2.3.14.125.26" TYPE="SECTION">
<HEAD>§ 250.1473   How may I appeal the Administrative Law Judge's decision?</HEAD>
<P>If you are adversely affected by the Administrative Law Judge's decision, you may appeal that decision to the Interior Board of Land Appeals under 43 CFR part 4, subpart E.


</P>
</DIV8>


<DIV8 N="§ 250.1474" NODE="30:2.0.1.2.3.14.125.27" TYPE="SECTION">
<HEAD>§ 250.1474   May I seek judicial review of the decision of the Interior Board of Land Appeals?</HEAD>
<P>Under 30 U.S.C. 1719(j), you may seek judicial review of the decision of the Interior Board of Land Appeals. A suit for judicial review in the District Court will be barred unless filed within 90 days after the final order.


</P>
</DIV8>


<DIV8 N="§ 250.1475" NODE="30:2.0.1.2.3.14.125.28" TYPE="SECTION">
<HEAD>§ 250.1475   When must I pay the penalty?</HEAD>
<P>(a) You must pay the amount of the Notice of Civil Penalty issued under § 250.1453 or § 250.1461, if you do not request a hearing on the record under § 250.1454, § 250.1456, § 250.1462, or § 250.1464.
</P>
<P>(b) If you request a hearing on the record under § 250.1454, § 250.1456, § 250.1462, or § 250.1464, but you do not appeal the determination of the Administrative Law Judge to the Interior Board of Land Appeals under § 250.1473, you must pay the amount assessed by the Administrative Law Judge.
</P>
<P>(c) If you appeal the determination of the Administrative Law Judge to the Interior Board of Land Appeals, you must pay the amount assessed in the IBLA decision.
</P>
<P>(d) You must pay the penalty assessed within 40 days after:
</P>
<P>(1) You received the Notice of Civil Penalty, if you did not request a hearing on the record under either § 250.1454, § 250.1456, § 250.1462, or § 250.1464;
</P>
<P>(2) You received an Administrative Law Judge's decision under § 250.1472, if you obtained a stay of the accrual of penalties pending the hearing on the record under § 250.1455(b) or § 250.1463(b) and did not appeal the Administrative Law Judge's determination to the IBLA under § 250.1473;
</P>
<P>(3) You received an IBLA decision under § 250.1473 if the IBLA continued the stay of accrual of penalties pending its decision and you did not seek judicial review of the IBLA's decision; or
</P>
<P>(4) A final non-appealable judgment of a court of competent jurisdiction is entered, if you sought judicial review of the IBLA's decision and the Department or the appropriate court suspended compliance with the IBLA's decision pending the adjudication of the case.
</P>
<P>(e) If you do not pay, that amount is subject to collection under the provisions of § 250.1477.


</P>
</DIV8>


<DIV8 N="§ 250.1476" NODE="30:2.0.1.2.3.14.125.29" TYPE="SECTION">
<HEAD>§ 250.1476   Can BSEE reduce my penalty once it is assessed?</HEAD>
<P>Under 30 U.S.C. 1719(g), the Director or his or her delegate may compromise or reduce civil penalties assessed under this part.


</P>
</DIV8>


<DIV8 N="§ 250.1477" NODE="30:2.0.1.2.3.14.125.30" TYPE="SECTION">
<HEAD>§ 250.1477   How may BSEE collect the penalty?</HEAD>
<P>(a) BSEE may use all available means to collect the penalty including, but not limited to:
</P>
<P>(1) Requiring the lease surety, for amounts owed by lessees, to pay the penalty;
</P>
<P>(2) Deducting the amount of the penalty from any sums the United States owes to you; and
</P>
<P>(3) Using judicial process to compel your payment under 30 U.S.C. 1719(k).
</P>
<P>(b) If the Department uses judicial process, or if you seek judicial review under § 250.1474 and the court upholds assessment of a penalty, the court shall have jurisdiction to award the amount assessed plus interest assessed from the date of the expiration of the 90-day period referred to in § 250.1474. The amount of any penalty, as finally determined, may be deducted from any sum owing to you by the United States.


</P>
</DIV8>

</DIV7>


<DIV7 N="126" NODE="30:2.0.1.2.3.14.126" TYPE="SUBJGRP">
<HEAD>Criminal Penalties</HEAD>


<DIV8 N="§ 250.1480" NODE="30:2.0.1.2.3.14.126.31" TYPE="SECTION">
<HEAD>§ 250.1480   May the United States criminally prosecute me for violations under Federal oil and gas leases?</HEAD>
<P>If you commit an act for which a civil penalty is provided at 30 U.S.C. 1719(d) and § 250.1460(b), the United States may pursue criminal penalties as provided at 30 U.S.C. 1720, in addition to any authority for prosecution under other statutes.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="O" NODE="30:2.0.1.2.3.15" TYPE="SUBPART">
<HEAD>Subpart O—Well Control and Production Safety Training</HEAD>


<DIV8 N="§ 250.1500" NODE="30:2.0.1.2.3.15.127.1" TYPE="SECTION">
<HEAD>§ 250.1500   Definitions.</HEAD>
<P>Terms used in this subpart have the following meaning:
</P>
<P><I>Contractor and contract personnel</I> mean anyone, other than an employee of the lessee, performing well control, deepwater well control, or production safety duties for the lessee.
</P>
<P><I>Deepwater well control</I> means well control when you are using a subsea BOP system.
</P>
<P><I>Employee</I> means direct employees of the lessees who are assigned well control, deepwater well control, or production safety duties.
</P>
<P><I>I or you</I> means the lessee engaged in oil, gas, or sulphur operations in the Outer Continental Shelf (OCS).
</P>
<P><I>Lessee</I> means a person who has entered into a lease with the United States to explore for, develop, and produce the leased minerals. The term lessee also includes an owner of operating rights for that lease and the BOEM-approved assignee of that lease.
</P>
<P><I>Periodic</I> means occurring or recurring at regular intervals. Each lessee must specify the intervals for periodic training and periodic assessment of training needs in their training programs.
</P>
<P><I>Production operations</I> include, but are not limited to, separation, dehydration, compression, sweetening, and metering operations.
</P>
<P><I>Production safety</I> includes measures, practices, procedures, and equipment to ensure safe, accident-free, and pollution-free production operations, as well as installation, repair, testing, maintenance, and operation of surface and subsurface safety equipment.
</P>
<P><I>Well completion/well workover</I> means those operations following the drilling of a well that are intended to establish or restore production.
</P>
<P><I>Well-control</I> means methods used to minimize the potential for the well to flow or kick and to maintain control of the well in the event of flow or a kick. Well-control applies to drilling, well-completion, well-workover, abandonment, and well-servicing operations. It includes measures, practices, procedures and equipment, such as fluid flow monitoring, to ensure safe and environmentally protective drilling, completion, abandonment, and workover operations as well as the installation, repair, maintenance, and operation of surface and subsea well-control equipment.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50896, Aug. 22, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 250.1501" NODE="30:2.0.1.2.3.15.127.2" TYPE="SECTION">
<HEAD>§ 250.1501   What is the goal of my training program?</HEAD>
<P>The goal of your training program must be safe and clean OCS operations. To accomplish this, you must ensure that your employees and contract personnel engaged in well control, deepwater well control, or production safety operations understand and can properly perform their duties.


</P>
</DIV8>


<DIV8 N="§ 250.1503" NODE="30:2.0.1.2.3.15.127.3" TYPE="SECTION">
<HEAD>§ 250.1503   What are my general responsibilities for training?</HEAD>
<P>(a) You must establish and implement a training program so that all of your employees are trained to competently perform their assigned well control, deepwater well control, and production safety duties. You must verify that your employees understand and can perform the assigned well control, deepwater well control, or production safety duties.
</P>
<P>(b) If you conduct operations with a subsea BOP stack, your employees and contract personnel must be trained in deepwater well control. The trained employees and contract personnel must have a comprehensive knowledge of deepwater well control equipment, practices, and theory.
</P>
<P>(c) You must have a training plan that specifies the type, method(s), length, frequency, and content of the training for your employees. Your training plan must specify the method(s) of verifying employee understanding and performance. This plan must include at least the following information:
</P>
<P>(1) Procedures for training employees in well control, deepwater well control, or production safety practices;
</P>
<P>(2) Procedures for evaluating the training programs of your contractors;
</P>
<P>(3) Procedures for verifying that all employees and contractor personnel engaged in well control, deepwater well control, or production safety operations can perform their assigned duties;
</P>
<P>(4) Procedures for assessing the training needs of your employees on a periodic basis;
</P>
<P>(5) Recordkeeping and documentation procedures; and
</P>
<P>(6) Internal audit procedures.
</P>
<P>(d) Upon request of the District Manager or Regional Supervisor, you must provide:
</P>
<P>(1) Copies of training documentation for personnel involved in well control, deepwater well control, or production safety operations during the past 5 years; and
</P>
<P>(2) A copy of your training plan.


</P>
</DIV8>


<DIV8 N="§ 250.1504" NODE="30:2.0.1.2.3.15.127.4" TYPE="SECTION">
<HEAD>§ 250.1504   May I use alternative training methods?</HEAD>
<P>You may use alternative training methods. These methods may include computer-based learning, films, or their equivalents. This training should be reinforced by appropriate demonstrations and “hands-on” training. Alternative training methods must be conducted according to, and meet the objectives of, your training plan.


</P>
</DIV8>


<DIV8 N="§ 250.1505" NODE="30:2.0.1.2.3.15.127.5" TYPE="SECTION">
<HEAD>§ 250.1505   Where may I get training for my employees?</HEAD>
<P>You may get training from any source that meets the requirements of your training plan.


</P>
</DIV8>


<DIV8 N="§ 250.1506" NODE="30:2.0.1.2.3.15.127.6" TYPE="SECTION">
<HEAD>§ 250.1506   How often must I train my employees?</HEAD>
<P>You determine the frequency of the training you provide your employees. You must do all of the following:
</P>
<P>(a) Provide periodic training to ensure that employees maintain understanding of, and competency in, well control, deepwater well control, or production safety practices;
</P>
<P>(b) Establish procedures to verify adequate retention of the knowledge and skills that employees need to perform their assigned well control, deepwater well control, or production safety duties; and
</P>
<P>(c) Ensure that your contractors' training programs provide for periodic training and verification of well control, deepwater well control, or production safety knowledge and skills.


</P>
</DIV8>


<DIV8 N="§ 250.1507" NODE="30:2.0.1.2.3.15.127.7" TYPE="SECTION">
<HEAD>§ 250.1507   How will BSEE measure training results?</HEAD>
<P>BSEE may periodically assess your training program, using one or more of the methods in this section.
</P>
<P>(a) <I>Training system audit.</I> BSEE or its authorized representative may conduct a training system audit at your office. The training system audit will compare your training program against this subpart. You must be prepared to explain your overall training program and produce evidence to support your explanation.
</P>
<P>(b) <I>Employee or contract personnel interviews.</I> BSEE or its authorized representative may conduct interviews at either onshore or offshore locations to inquire about the types of training that were provided, when and where this training was conducted, and how effective the training was.
</P>
<P>(c) <I>Employee or contract personnel testing.</I> BSEE or its authorized representative may conduct testing at either onshore or offshore locations for the purpose of evaluating an individual's knowledge and skills in perfecting well control, deepwater well control, and production safety duties.
</P>
<P>(d) <I>Hands-on production safety, simulator, or live well testing.</I> BSEE or its authorized representative may conduct tests at either onshore or offshore locations. Tests will be designed to evaluate the competency of your employees or contract personnel in performing their assigned well control, deepwater well control, and production safety duties. You are responsible for the costs associated with this testing, excluding salary and travel costs for BSEE personnel.


</P>
</DIV8>


<DIV8 N="§ 250.1508" NODE="30:2.0.1.2.3.15.127.8" TYPE="SECTION">
<HEAD>§ 250.1508   What must I do when BSEE administers written or oral tests?</HEAD>
<P>BSEE or its authorized representative may test your employees or contract personnel at your worksite or at an onshore location. You and your contractors must:
</P>
<P>(a) Allow BSEE or its authorized representative to administer written or oral tests; and
</P>
<P>(b) Identify personnel by current position, years of experience in present position, years of total oil field experience, and employer's name (e.g., operator, contractor, or sub-contractor company name).


</P>
</DIV8>


<DIV8 N="§ 250.1509" NODE="30:2.0.1.2.3.15.127.9" TYPE="SECTION">
<HEAD>§ 250.1509   What must I do when BSEE administers or requires hands-on, simulator, or other types of testing?</HEAD>
<P>If BSEE or its authorized representative conducts, or requires you or your contractor to conduct hands-on, simulator, or other types of testing, you must:
</P>
<P>(a) Allow BSEE or its authorized representative to administer or witness the testing;
</P>
<P>(b) Identify personnel by current position, years of experience in present position, years of total oil field experience, and employer's name (e.g., operator, contractor, or sub-contractor company name); and
</P>
<P>(c) Pay for all costs associated with the testing, excluding salary and travel costs for BSEE personnel.


</P>
</DIV8>


<DIV8 N="§ 250.1510" NODE="30:2.0.1.2.3.15.127.10" TYPE="SECTION">
<HEAD>§ 250.1510   What will BSEE do if my training program does not comply with this subpart?</HEAD>
<P>If BSEE determines that your training program is not in compliance, we may initiate one or more of the following enforcement actions:
</P>
<P>(a) Issue an Incident of Noncompliance (INC);
</P>
<P>(b) Require you to revise and submit to BSEE your training plan to address identified deficiencies;
</P>
<P>(c) Assess civil/criminal penalties; or
</P>
<P>(d) Initiate disqualification procedures.


</P>
</DIV8>

</DIV6>


<DIV6 N="P" NODE="30:2.0.1.2.3.16" TYPE="SUBPART">
<HEAD>Subpart P—Sulphur Operations</HEAD>


<DIV8 N="§ 250.1600" NODE="30:2.0.1.2.3.16.127.1" TYPE="SECTION">
<HEAD>§ 250.1600   Performance standard.</HEAD>
<P>(a) All operations for sulphur exploration, development, and production on the OCS must comply with:
</P>
<P>(1) A BOEM-approved Exploration Plan or Development and Production Plan;
</P>
<P>(2) The applicable regulations in 30 CFR part 250; and
</P>
<P>(3) All applicable laws, regulations, and conditions of approval.
</P>
<P>(b) You must conduct such operations in a manner that protects against harm or damage to life (including fish and other aquatic life), property, natural resources of the OCS including any mineral deposits (in areas leased or not leased), the National security or defense, and the marine, coastal, or human environment.


</P>
<CITA TYPE="N">[90 FR 36109, Aug. 1, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 250.1601-250.1634" NODE="30:2.0.1.2.3.16.127.2" TYPE="SECTION">
<HEAD>§ 250.1601-250.1634   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="Q" NODE="30:2.0.1.2.3.17" TYPE="SUBPART">
<HEAD>Subpart Q—Decommissioning Activities</HEAD>


<DIV7 N="127" NODE="30:2.0.1.2.3.17.127" TYPE="SUBJGRP">
<HEAD>General</HEAD>


<DIV8 N="§ 250.1700" NODE="30:2.0.1.2.3.17.127.1" TYPE="SECTION">
<HEAD>§ 250.1700   What do the terms “decommissioning,” “obstructions,” “facility,” and “predecessor” mean in this subpart?</HEAD>
<P>(a) <I>Decommissioning</I> means:
</P>
<P>(1) Ending oil, gas, or sulphur operations; and
</P>
<P>(2) Returning the lease, pipeline right-of-way, or the area of a right-of-use and easement to a condition that meets the requirements of BSEE and other agencies that have jurisdiction over decommissioning activities.
</P>
<P>(b) <I>Obstructions</I> mean structures, equipment, or objects that were used in oil, gas, or sulphur operations or marine growth that, if left in place, would hinder other users of the OCS. Obstructions may include, but are not limited to, shell mounds, wellheads, casing stubs, mud line suspensions, well protection devices, subsea trees, jumper assemblies, umbilicals, manifolds, termination skids, production and pipeline risers, platforms, templates, pilings, pipelines, pipeline valves, and power cables.
</P>
<P>(c) <I>Facility</I> means any installation other than a pipeline used for oil, gas, or sulphur activities that is permanently or temporarily attached to the seabed on the OCS. Facilities include production and pipeline risers, templates, pilings, and any other facility or equipment that constitutes an obstruction such as jumper assemblies, termination skids, umbilicals, anchors, and mooring lines.
</P>
<P>(d) <I>Predecessor</I> means a prior lessee or owner of operating rights, or a prior holder of a right-of-use and easement grant or a pipeline right-of-way grant, that is liable for accrued obligations on that lease or grant.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 88 FR 23579, Apr. 18, 2023]




</CITA>
</DIV8>


<DIV8 N="§ 250.1701" NODE="30:2.0.1.2.3.17.127.2" TYPE="SECTION">
<HEAD>§ 250.1701   Who must meet the decommissioning obligations in this subpart?</HEAD>
<P>(a) Lessees, owners of operating rights, and their predecessors are jointly and severally liable for meeting decommissioning obligations for facilities on leases, including the obligations related to lease-term pipelines, as the obligations accrue and until each obligation is met.
</P>
<P>(b) All holders of a right-of-way grant and their predecessors are jointly and severally liable for meeting decommissioning obligations for facilities on their right-of-way, including right-of-way pipelines, as the obligations accrue and until each obligation is met.
</P>
<P>(c) All right-of-use and easement grant holders and prior lessees or owners of operating rights of the parcel on whose leases there existed facilities or obstructions that remain on the right-of-use and easement grant are jointly and severally liable for meeting decommissioning obligations, including obligations for any well, pipeline, platform or other facility, or an obstruction, on their right-of-use and easement, as the obligations accrue and until each obligation is met.
</P>
<P>(d) In this subpart, the terms “you” or “I” refer to lessees and owners of operating rights as to facilities installed under the authority of a lease; to pipeline right-of-way grant holders as to facilities installed under the authority of a pipeline right-of-way grant; and to right-of-use and easement grant holders as to facilities constructed, modified, or maintained under the authority of the right-of-use and easement grant. Predecessors to any of these interest holders are also included within the scope of these terms as appropriate in the context of the particular regulation.
</P>
<CITA TYPE="N">[88 FR 23580, Apr. 18, 2023]




</CITA>
</DIV8>


<DIV8 N="§ 250.1702" NODE="30:2.0.1.2.3.17.127.3" TYPE="SECTION">
<HEAD>§ 250.1702   When do I accrue decommissioning obligations?</HEAD>
<P>You accrue decommissioning obligations when you do any of the following:
</P>
<P>(a) Drill a well;
</P>
<P>(b) Install a platform, pipeline, or other facility;
</P>
<P>(c) Create an obstruction to other users of the OCS;
</P>
<P>(d) Are or become a lessee or the owner of operating rights of a lease on which there is a well that has not been permanently plugged according to this subpart, a platform, a lease term pipeline, or other facility, or an obstruction;
</P>
<P>(e) Are or become a holder of a pipeline right-of-way grant on which there is a pipeline, platform, other facility, or an obstruction;
</P>
<P>(f) Are or become the holder of a right-of-use and easement grant on which there is a well, pipeline, platform, other facility, or an obstruction; or
</P>
<P>(g) Re-enter a well that was previously plugged according to this subpart.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 88 FR 23580, Apr. 18, 2023]




</CITA>
</DIV8>


<DIV8 N="§ 250.1703" NODE="30:2.0.1.2.3.17.127.4" TYPE="SECTION">
<HEAD>§ 250.1703   What are the general requirements for decommissioning?</HEAD>
<XREF ID="20260610" REFID="64">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>When your facilities are no longer useful for operations, you must:
</P>
<P>(a) Get approval from the appropriate District Manager before decommissioning wells and from the Regional Supervisor before decommissioning platforms and pipelines or other facilities;
</P>
<P>(b) Permanently plug all wells. Packers and bridge plugs used as qualified mechanical barriers must comply with ANSI/API Spec. 11D1 (as incorporated by reference in § 250.198). You must have two independent barriers, one being an ANSI/API Spec. 11D1 qualified mechanical barrier, in the exposed center wellbore prior to removing the tree and/or well control equipment;
</P>
<P>(c) Remove all platforms and other facilities, except as provided in §§ 250.1725(a) and 250.1730.
</P>
<P>(d) Decommission all pipelines;
</P>
<P>(e) Clear the seafloor of all obstructions created by your lease, pipeline right-of-way, or right-of-use and easement operations;
</P>
<P>(f) Follow all applicable requirements of subpart G of this part; and
</P>
<P>(g) Conduct all decommissioning activities in a manner that is safe, does not unreasonably interfere with other uses of the OCS, and does not cause undue or serious harm or damage to the human, marine, or coastal environment.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26037, Apr. 29 2016; 84 FR 21984, May 15, 2019; 88 FR 23580, Apr. 18, 2023]  


</CITA>
</DIV8>


<DIV8 N="§ 250.1704" NODE="30:2.0.1.2.3.17.127.5" TYPE="SECTION">
<HEAD>§ 250.1704   What decommissioning applications and reports must I submit and when must I submit them?</HEAD>
<P>You must submit decommissioning applications, receive approval of those applications, and submit subsequent reports according to the requirements and deadlines in the following table.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Decommissioning Applications and Reports Table
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Decommissioning applications and reports
</TH><TH class="gpotbl_colhed" scope="col">When to submit
</TH><TH class="gpotbl_colhed" scope="col">Instructions
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Initial platform removal application [not required in the Gulf of America OCS Region]</TD><TD align="left" class="gpotbl_cell">In the Pacific OCS Region or Alaska OCS Region, submit the application to the Regional Supervisor at least 2 years before production is projected to cease</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1726.


</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Submit decommissioning plan per § 250.1708(a)(3) that addresses all wells, platforms and other facilities, pipelines, and site clearance after receiving an order to perform decommissioning</TD><TD align="left" class="gpotbl_cell">Within 150 days of receiving an order to perform decommissioning under § 250.1708</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1708(a)(2) and (3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Final removal application for a platform or other facility</TD><TD align="left" class="gpotbl_cell">Before removing a platform or other facility in the Gulf of America OCS Region, or not more than 2 years after the submittal of an initial platform removal application to the Pacific OCS Region and the Alaska OCS Region</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1727.


</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Post-removal report for a platform or other facility</TD><TD align="left" class="gpotbl_cell">Within 30 days after you remove a platform or other facility</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1729.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Pipeline decommissioning application</TD><TD align="left" class="gpotbl_cell">Before you decommission a pipeline</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1751(a) or § 250.1752(a), as applicable.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) Post-pipeline decommissioning report</TD><TD align="left" class="gpotbl_cell">Within 30 days after you decommission a pipeline</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1753.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) Site clearance report for a platform or other facility</TD><TD align="left" class="gpotbl_cell">Within 30 days after you complete site clearance verification activities</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1743(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(h) Form BSEE-0124, Application for Permit to Modify (APM). The submission of your APM must be accompanied by payment of the service fee listed in § 250.125</TD><TD align="left" class="gpotbl_cell">(1) Before you temporarily abandon or permanently plug a well or zone</TD><TD align="left" class="gpotbl_cell">(i) Include information required under §§ 250.1712 and 250.1721.
<br/>(ii) When using a BOP for abandonment operations, include information required under § 250.731.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Before you install a subsea protective device</TD><TD align="left" class="gpotbl_cell">Refer to § 250.1722(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(3) Before you remove any casing stub or mud line suspension equipment and any subsea protective device</TD><TD align="left" class="gpotbl_cell">Refer to § 250.1723.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(4) Within 30 days after you complete site clearance verification activities</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1743(a).


</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Form BSEE-0125, End of Operations Report (EOR)</TD><TD align="left" class="gpotbl_cell">(1) Within 30 days after you complete a protective device trawl test</TD><TD align="left" class="gpotbl_cell">Include information required under § 250.1722(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(2) Within 30 days after completion of decommissioning activity</TD><TD align="left" class="gpotbl_cell">Include information required under §§ 250.1712 and 250.1721.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(j) A certified summary of expenditures for permanently plugging any well, removal of any platform or other facility, clearance of any site after wells have been plugged or platforms or facilities removed, and decommissioning of pipelines</TD><TD align="left" class="gpotbl_cell">Within 120 days after completion of each decommissioning activity specified in this paragraph</TD><TD align="left" class="gpotbl_cell">Submit to the Regional Supervisor a complete summary of expenditures actually incurred for each decommissioning activity (including, but not limited to, the use of rigs, vessels, equipment, supplies and materials; transportation of any kind; personnel; and services). Include in, or attach to, the summary a certified statement by an authorized representative of your company attesting to the truth, accuracy and completeness of the summary. The Regional Supervisor may provide specific instructions or guidance regarding how to submit the certified summary.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(k) If requested by the Regional Supervisor, additional information in support of any decommissioning activity expenditures included in a summary submitted under paragraph (i) of this section</TD><TD align="left" class="gpotbl_cell">Within a reasonable time as determined by the Regional Supervisor</TD><TD align="left" class="gpotbl_cell">The Regional Supervisor will review the summary and may provide specific instructions or guidance regarding the submission of additional information (including, but not limited to, copies of contracts and invoices), if requested, to complete or otherwise support the summary.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50896, Aug. 22, 2012; 80 FR 75810, Dec. 4, 2015; 81 FR 26037, Apr. 29, 2016; 81 FR 80591, Nov. 16, 2016; 84 FR 21984, May 15, 2019; 88 FR 23580, Apr. 18, 2023; 90 FR 44327, Sept. 15, 2025]



</CITA>
</DIV8>


<DIV8 N="§§ 250.1705-250.1707" NODE="30:2.0.1.2.3.17.127.6" TYPE="SECTION">
<HEAD>§§ 250.1705-250.1707   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.1708" NODE="30:2.0.1.2.3.17.127.7" TYPE="SECTION">
<HEAD>§ 250.1708   How will BSEE enforce accrued decommissioning obligations against predecessors?</HEAD>
<P>(a) When BSEE issues an order to predecessors to perform accrued decommissioning obligations, the order recipients must, unless otherwise specified in the order:
</P>
<P>(1) Within 30 days of receiving the order, begin maintaining and monitoring, through a single entity identified to BSEE, any facility, including wells and pipelines, as identified by BSEE in the order and in accordance with applicable requirements under this part (including, but not limited to, testing safety valves and sensors, draining vessels, and performing pollution inspections);
</P>
<P>(2) Within 90 days of receiving the order, designate a single entity to serve as operator or agent for the decommissioning operations;
</P>
<P>(3) Within 150 days of receiving the order, submit through the entity identified in paragraph (a)(2) of this section a decommissioning plan for approval by the Regional Supervisor that includes the scope of work and a reasonable decommissioning schedule for all wells, platforms and other facilities, pipelines, and site clearance, as identified in the order; and
</P>
<P>(4) Perform the required decommissioning in the time and manner specified by BSEE in its decommissioning plan approval.
</P>
<P>(b) Failure to comply with the obligations under paragraph (a) of this section to maintain and monitor a facility or to submit a decommissioning plan may result in a Notice of Incident of Noncompliance and potentially other enforcement actions, including civil penalties and disqualification as an operator.
</P>
<P>(c) BSEE's issuance of orders to any predecessors will not relieve any current lessee or grant holder, or any other predecessor, of its obligations to comply with any prior decommissioning order or to satisfy any accrued decommissioning obligations.
</P>
<P>(d) A pending appeal, pursuant to 30 CFR part 290, of any decommissioning order does not preclude BSEE from proceeding against any or all predecessors other than the appellant.
</P>
<CITA TYPE="N">[88 FR 23580, Apr. 18, 2023]




</CITA>
</DIV8>


<DIV8 N="§ 250.1709" NODE="30:2.0.1.2.3.17.127.8" TYPE="SECTION">
<HEAD>§ 250.1709   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="128" NODE="30:2.0.1.2.3.17.128" TYPE="SUBJGRP">
<HEAD>Permanently Plugging Wells</HEAD>


<DIV8 N="§ 250.1710" NODE="30:2.0.1.2.3.17.128.9" TYPE="SECTION">
<HEAD>§ 250.1710   When must I permanently plug all wells on a lease?</HEAD>
<P>You must permanently plug all wells on a lease within 1 year after the lease terminates.


</P>
</DIV8>


<DIV8 N="§ 250.1711" NODE="30:2.0.1.2.3.17.128.10" TYPE="SECTION">
<HEAD>§ 250.1711   When will BSEE order me to permanently plug a well?</HEAD>
<P>BSEE will order you to permanently plug a well if that well:
</P>
<P>(a) Poses a hazard to safety or the environment; or
</P>
<P>(b) Is not useful for lease operations and is not capable of oil, gas, or sulphur production in paying quantities.


</P>
</DIV8>


<DIV8 N="§ 250.1712" NODE="30:2.0.1.2.3.17.128.11" TYPE="SECTION">
<HEAD>§ 250.1712   What information must I submit before I permanently plug a well or zone?</HEAD>
<P>Before you permanently plug a well or zone, you must submit form BSEE-0124, Application for Permit to Modify, to the appropriate District Manager and receive approval. A request for approval must contain the following information:
</P>
<P>(a) The reason you are plugging the well (or zone), for completions with production amounts specified by the Regional Supervisor, along with substantiating information demonstrating its lack of capacity for further profitable production of oil, gas, or sulfur;
</P>
<P>(b) Recent well test data and pressure data, if available;
</P>
<P>(c) Maximum possible surface pressure, and how it was determined;
</P>
<P>(d) Type and weight of well-control fluid you will use;
</P>
<P>(e) A description of the work;
</P>
<P>(f) A current and proposed well schematic and description that includes:
</P>
<P>(1) Well depth;
</P>
<P>(2) All perforated intervals that have not been plugged;
</P>
<P>(3) Casing and tubing depths and details;
</P>
<P>(4) Subsurface equipment;
</P>
<P>(5) Estimated tops of cement (and the basis of the estimate) in each casing annulus;
</P>
<P>(6) Plug locations;
</P>
<P>(7) Plug types;
</P>
<P>(8) Plug lengths;
</P>
<P>(9) Properties of mud and cement to be used;
</P>
<P>(10) Perforating and casing cutting plans;
</P>
<P>(11) Plug testing plans;
</P>
<P>(12) Casing removal (including information on explosives, if used);
</P>
<P>(13) Proposed casing removal depth; and
</P>
<P>(14) Your plans to protect archaeological and sensitive biological features, including anchor damage during plugging operations, a brief assessment of the environmental impacts of the plugging operations, and the procedures and mitigation measures you will take to minimize such impacts; and
</P>
<P>(g) Certification by a Registered Professional Engineer of the well abandonment design and procedures and that all plugs meet the requirements in the table in § 250.1715. In addition to the requirements of § 250.1715, the Registered Professional Engineer must also certify the design will include two independent barriers, one of which must be a mechanical barrier, in the center wellbore as described in § 250.420(b)(3). The Registered Professional Engineer must be registered in a State of the United States and have sufficient expertise and experience to perform the certification. You must submit this certification with your APM (Form BSEE-0124).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50900, Aug. 22, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 250.1713" NODE="30:2.0.1.2.3.17.128.12" TYPE="SECTION">
<HEAD>§ 250.1713   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.1714" NODE="30:2.0.1.2.3.17.128.13" TYPE="SECTION">
<HEAD>§ 250.1714   What must I accomplish with well plugs?</HEAD>
<P>You must ensure that all well plugs:
</P>
<P>(a) Provide downhole isolation of hydrocarbon and sulphur zones;
</P>
<P>(b) Protect freshwater aquifers; and
</P>
<P>(c) Prevent migration of formation fluids within the wellbore or to the seafloor.



</P>
</DIV8>


<DIV8 N="§ 250.1715" NODE="30:2.0.1.2.3.17.128.14" TYPE="SECTION">
<HEAD>§ 250.1715   How must I permanently plug a well?</HEAD>
<P>(a) You must permanently plug wells according to the table in this section. The District Manager may require additional well plugs as necessary.

</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Permanent Well Plugging Requirements
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have . . .
</TH><TH class="gpotbl_colhed" scope="col">Then you must use . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Zones in open hole,</TD><TD align="left" class="gpotbl_cell">Cement plug(s) set from at least 100 feet below the bottom to 100 feet above the top of oil, gas, and fresh-water zones to isolate fluids in the strata
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Open hole below casing,</TD><TD align="left" class="gpotbl_cell">(i) A cement plug, set by the displacement method, at least 100 feet above and below deepest casing shoe;
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) A cement retainer with effective back-pressure control set 50 to 100 feet above the casing shoe, and a cement plug that extends at least 100 feet below the casing shoe and at least 50 feet above the retainer; or
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) A bridge plug set 50 feet to 100 feet above the shoe with 50 feet of cement on top of the bridge plug, for expected or known lost circulation conditions
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) A perforated zone that is currently open and not previously squeezed or isolated,</TD><TD align="left" class="gpotbl_cell">(i) A method to squeeze cement to all perforations;
<br/>(ii) A cement plug set by the displacement method, at least 100 feet above to 100 feet below the perforated interval, or down to a casing plug, whichever is less; or
<br/>(iii) If the perforated zones are isolated from the hole below, you may use any of the plugs specified in paragraphs (a)(3)(iii)(A) through (E) of this section instead of those specified in paragraphs (a)(3)(i) and (a)(3)(ii) of this section.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(A) A cement retainer with effective back-pressure control set 50 to 100 feet above the top of the perforated interval, and a cement plug that extends at least 100 feet below the bottom of the perforated interval with at least 50 feet of cement above the retainer;
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">  </TD><TD align="left" class="gpotbl_cell">(B) A casing bridge plug set 50 to 100 feet above the top of the perforated interval and at least 50 feet of cement on top of the bridge plug;
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(C) A cement plug at least 200 feet in length, set by the displacement method, with the bottom of the plug no more than 100 feet above the perforated interval;
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(D) A through-tubing basket plug set no more than 100 feet above the perforated interval with at least 50 feet of cement on top of the basket plug; or
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(E) A tubing plug set no more than 100 feet above the perforated interval topped with a sufficient volume of cement so as to extend at least 100 feet above the uppermost packer in the wellbore and at least 300 feet of cement in the casing annulus immediately above the packer.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) A casing stub where the stub end is within the casing,</TD><TD align="left" class="gpotbl_cell">(i) A cement plug set at least 100 feet above and below the stub end;
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) A cement retainer or bridge plug set at least 50 to 100 feet above the stub end with at least 50 feet of cement on top of the retainer or bridge plug; or
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) A cement plug at least 200 feet long with the bottom of the plug set no more than 100 feet above the stub end.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) A casing stub where the stub end is below the casing,</TD><TD align="left" class="gpotbl_cell">A plug as specified in paragraph (a)(1) or (a)(2) of this section, as applicable.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) An annular space that communicates with open hole and extends to the mud line,</TD><TD align="left" class="gpotbl_cell">A cement plug at least 200 feet long set in the annular space. For a well completed above the ocean surface, you must pressure test each casing annulus to verify isolation.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) A subsea well with unsealed annulus,</TD><TD align="left" class="gpotbl_cell">A cutter to sever the casing, and you must set a stub plug as specified in paragraphs (a)(4) and (a)(5) of this section.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) A well with casing,</TD><TD align="left" class="gpotbl_cell">A cement surface plug at least 150 feet long set in the smallest casing that extends to the mud line with the top of the plug no more than 150 feet below the mud line.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Fluid left in the hole,</TD><TD align="left" class="gpotbl_cell">A fluid in the intervals between the plugs that is dense enough to exert a hydrostatic pressure that is greater than the formation pressures in the intervals.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Permafrost areas,</TD><TD align="left" class="gpotbl_cell">(i) A fluid to be left in the hole that has a freezing point below the temperature of the permafrost, and a treatment to inhibit corrosion; and
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Cement plugs designed to set before freezing and have a low heat of hydration.
</TD><TD class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Removed the barriers required in § 250.420(b)(3) for the well to be completed</TD><TD align="left" class="gpotbl_cell">Two independent barriers, one of which must be a mechanical barrier, in the center wellbore as described in § 250.420(b)(3) once the well is to be placed in a permanent or temporary abandonment</TD><TD class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(b) You must test the first plug below the surface plug and all plugs in lost circulation areas that are in open hole. The plug must pass one of the following tests to verify plug integrity:
</P>
<P>(1) A pipe weight of at least 15,000 pounds on the plug; or
</P>
<P>(2) A pump pressure of at least 1,000 pounds per square inch. Ensure that the pressure does not drop more than 10 percent in 15 minutes. The District Manager may require you to tests other plug(s).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50900, Aug. 22, 2012; 81 FR 26038, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1716" NODE="30:2.0.1.2.3.17.128.15" TYPE="SECTION">
<HEAD>§ 250.1716   To what depth must I remove wellheads and casings?</HEAD>
<P>(a) Unless the District Manager approves an alternate depth under paragraph (b) of this section, you must remove all wellheads and casings to at least 15 feet below the mud line.
</P>
<P>(b) The District Manager may approve an alternate removal depth if:
</P>
<P>(1) The wellhead or casing would not become an obstruction to other users of the seafloor or area, and geotechnical and other information you provide demonstrate that erosional processes capable of exposing the obstructions are not expected; or
</P>
<P>(2) You determine, and BSEE concurs, that you must use divers, and the seafloor sediment stability poses safety concerns; or
</P>
<P>(3) The water depth is greater than 1,000 feet.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 84 FR 21985, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.1717" NODE="30:2.0.1.2.3.17.128.16" TYPE="SECTION">
<HEAD>§ 250.1717   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="129" NODE="30:2.0.1.2.3.17.129" TYPE="SUBJGRP">
<HEAD>Temporary Abandoned Wells</HEAD>


<DIV8 N="§ 250.1721" NODE="30:2.0.1.2.3.17.129.17" TYPE="SECTION">
<HEAD>§ 250.1721   If I temporarily abandon a well that I plan to re-enter, what must I do?</HEAD>
<P>You may temporarily abandon a well when it is necessary for proper development and production of a lease. To temporarily abandon a well, you must do all of the following:
</P>
<P>(a) Submit form BSEE-0124, Application for Permit to Modify, and the applicable information required by § 250.1712 to the appropriate District Manager and receive approval;
</P>
<P>(b) Adhere to the plugging and testing requirements for permanently plugged wells listed in the table in § 250.1715, except for § 250.1715(a)(8). You do not need to sever the casings, remove the wellhead, or clear the site;
</P>
<P>(c) Set a bridge plug or a cement plug at least 100-feet long at the base of the deepest casing string, unless the casing string has been cemented and has not been drilled out. If a cement plug is set, it is not necessary for the cement plug to extend below the casing shoe into the open hole;
</P>
<P>(d) Set a retrievable or a permanent-type bridge plug or a cement plug at least 100 feet long in the inner-most casing. The top of the bridge plug or cement plug must be no more than 1,000 feet below the mud line. BSEE may consider approving alternate requirements for subsea wells case-by-case;
</P>
<P>(e) Identify and report subsea wellheads, casing stubs, or other obstructions that extend above the mud line according to U.S. Coast Guard (USCG) requirements;
</P>
<P>(f) Except in water depths greater than 300 feet, protect subsea wellheads, casing stubs, mud line suspensions, or other obstructions remaining above the seafloor by using one of the following methods, as approved by the District Manager or Regional Supervisor:
</P>
<P>(1) A caisson designed according to 30 CFR 250, subpart I, and equipped with aids to navigation;
</P>
<P>(2) A jacket designed according to 30 CFR 250, subpart I, and equipped with aids to navigation; or
</P>
<P>(3) A subsea protective device that meets the requirements in § 250.1722.
</P>
<P>(g) Submit certification by a Registered Professional Engineer of the well abandonment design and procedures and that all plugs meet the requirements of paragraph (b) of this section. In addition to the requirements of paragraph (b) of this section, the Registered Professional Engineer must also certify the design will include two independent barriers, one of which must be a mechanical barrier, in the center wellbore as described in § 250.420(b)(3). The Registered Professional Engineer must be registered in a State of the United States and have sufficient expertise and experience to perform the certification. You must submit this certification with your APM (Form BSEE-0124) required by § 250.1712 of this part.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 77 FR 50900, Aug. 22, 2012; 81 FR 26038, Apr. 29, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1722" NODE="30:2.0.1.2.3.17.129.18" TYPE="SECTION">
<HEAD>§ 250.1722   If I install a subsea protective device, what requirements must I meet?</HEAD>
<P>If you install a subsea protective device under § 250.1721(f)(3), you must install it in a manner that allows fishing gear to pass over the obstruction without damage to the obstruction, the protective device, or the fishing gear.
</P>
<P>(a) Use form BSEE-0124, Application for Permit to Modify to request approval from the appropriate District Manager to install a subsea protective device.
</P>
<P>(b) The protective device may not extend more than 10 feet above the seafloor (unless BSEE approves otherwise).
</P>
<P>(c) You must trawl over the protective device when you install it (adhere to the requirements at § 250.1741(d) through (h)). If the trawl does not pass over the protective device or causes damage to it, you must notify the appropriate District Manager within 5 days and perform remedial action within 30 days of the trawl;
</P>
<P>(d) Within 30 days after you complete the trawling test described in paragraph (c) of this section, submit a report to the appropriate District Manager using form BSEE-0125, End of Operations Report (EOR) that includes the following:
</P>
<P>(1) The date(s) the trawling test was performed and the vessel that was used;
</P>
<P>(2) A plat at an appropriate scale showing the trawl lines;
</P>
<P>(3) A description of the trawling operation and the net(s) that were used;
</P>
<P>(4) An estimate by the trawling contractor of the seafloor penetration depth achieved by the trawl;
</P>
<P>(5) A summary of the results of the trawling test including a discussion of any snags and interruptions, a description of any damage to the protective covering, the casing stub or mud line suspension equipment, or the trawl, and a discussion of any snag removals requiring diver assistance; and
</P>
<P>(6) A letter signed by your authorized representative stating that he/she witnessed the trawling test.
</P>
<P>(e) If a temporarily abandoned well is protected by a subsea device installed in a water depth less than 100 feet, mark the site with a buoy installed according to the USCG requirements.
</P>
<P>(f) Provide annual reports to the Regional Supervisor describing your plans to either re-enter and complete the well or to permanently plug the well.
</P>
<P>(g) Ensure that all subsea wellheads, casing stubs, mud line suspensions, or other obstructions in water depths less than 300 feet remain protected.
</P>
<P>(1) To confirm that the subsea protective covering remains properly installed, either conduct a visual inspection or perform a trawl test at least annually.
</P>
<P>(2) If the inspection reveals that a casing stub or mud line suspension is no longer properly protected, or if the trawl does not pass over the subsea protective covering without causing damage to the covering, the casing stub or mud line suspension equipment, or the trawl, notify the appropriate District Manager within 5 days, and perform the necessary remedial work within 30 days of discovery of the problem.
</P>
<P>(3) In your annual report required by paragraph (f) of this section, include the inspection date, results, and method used and a description of any remedial work you will perform or have performed.
</P>
<P>(h) You may request approval to waive the trawling test required by paragraph (c) of this section if you plan to use either:
</P>
<P>(1) A buoy with automatic tracking capabilities installed and maintained according to USCG requirements at 33 CFR part 67 (or its successor); or
</P>
<P>(2) A design and installation method that has been proven successful by trawl testing of previous protective devices of the same design and installed in areas with similar bottom conditions.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 84 FR 21985, May 15, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 250.1723" NODE="30:2.0.1.2.3.17.129.19" TYPE="SECTION">
<HEAD>§ 250.1723   What must I do when it is no longer necessary to maintain a well in temporary abandoned status?</HEAD>
<P>If you or BSEE determines that continued maintenance of a well in a temporary abandoned status is not necessary for the proper development or production of a lease, you must:
</P>
<P>(a) Promptly and permanently plug the well according to § 250.1715;
</P>
<P>(b) Remove any casing stub or mud line suspension equipment and any subsea protective covering. You must submit a request for approval to perform such work to the appropriate District Manager using form BSEE-0124, Application for Permit to Modify; and
</P>
<P>(c) Clear the well site according to §§ 250.1740 through 250.1742.


</P>
</DIV8>

</DIV7>


<DIV7 N="130" NODE="30:2.0.1.2.3.17.130" TYPE="SUBJGRP">
<HEAD>Removing Platforms and Other Facilities</HEAD>


<DIV8 N="§ 250.1725" NODE="30:2.0.1.2.3.17.130.20" TYPE="SECTION">
<HEAD>§ 250.1725   When do I have to remove platforms and other facilities?</HEAD>
<P>(a) You must remove all platforms and other facilities within 1 year after the lease, pipeline right-of-way, or right-of-use and easement terminates, unless you receive approval to maintain the structure to conduct other activities. Platforms include production platforms, well jackets, single-well caissons, and pipeline accessory platforms. Other activities include those supporting OCS oil and gas production and transportation, as well as other energy-related or marine-related uses (including LNG) for which adequate financial assurance for decommissioning has been provided to a Federal agency which has given BSEE a commitment that it has and will exercise authority to compel the performance of decommissioning within a time following cessation of the new use acceptable to BSEE. The approval will specify:
</P>
<P>(1) Whether you must continue to maintain any financial assurance for decommissioning; and
</P>
<P>(2) Whether, and under what circumstances, you must perform any decommissioning not performed by the new facility owner/user.
</P>
<P>(b) Before you may remove a platform or other facility, you must submit a final removal application to the Regional Supervisor for approval and include the information listed in § 250.1727.
</P>
<P>(c) You must remove a platform or other facility according to the approved application.
</P>
<P>(d) You must flush all production risers with seawater before you remove them.
</P>
<P>(e) You must notify the Regional Supervisor at least 48 hours before you begin the removal operations.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 88 FR 23581, Apr. 18, 2023]






</CITA>
</DIV8>


<DIV8 N="§ 250.1726" NODE="30:2.0.1.2.3.17.130.21" TYPE="SECTION">
<HEAD>§ 250.1726   When must I submit an initial platform removal application and what must it include?</HEAD>
<P>An initial platform removal application is required only for leases and pipeline rights-of-way in the Pacific OCS Region or the Alaska OCS Region. It must include the following information:
</P>
<P>(a) Platform or other facility removal procedures, including the types of vessels and equipment you will use;
</P>
<P>(b) Facilities (including pipelines) you plan to remove or leave in place;
</P>
<P>(c) Platform or other facility transportation and disposal plans;
</P>
<P>(d) Plans to protect marine life and the environment during decommissioning operations, including a brief assessment of the environmental impacts of the operations, and procedures and mitigation measures that you will take to minimize the impacts; and
</P>
<P>(e) A projected decommissioning schedule.


</P>
</DIV8>


<DIV8 N="§ 250.1727" NODE="30:2.0.1.2.3.17.130.22" TYPE="SECTION">
<HEAD>§ 250.1727   What information must I include in my final application to remove a platform or other facility?</HEAD>
<P>You must submit to the Regional Supervisor, a final application for approval to remove a platform or other facility. Your application must be accompanied by payment of the service fee listed in § 250.125. If you are proposing to use explosives, provide three copies of the application. If you are not proposing to use explosives, provide two copies of the application. Include the following information in the final removal application, as applicable:
</P>
<P>(a) Identification of the applicant including:
</P>
<P>(1) Lease operator/pipeline right-of-way holder;
</P>
<P>(2) Address;
</P>
<P>(3) Contact person and telephone number; and
</P>
<P>(4) Shore base.
</P>
<P>(b) Identification of the structure you are removing including:
</P>
<P>(1) Platform Name/BSEE Complex ID Number;
</P>
<P>(2) Location (lease/right-of-way, area, block, and block coordinates);
</P>
<P>(3) Date installed (year);
</P>
<P>(4) Proposed date of removal (Month/Year); and
</P>
<P>(5) Water depth.
</P>
<P>(c) Description of the structure you are removing including:
</P>
<P>(1) Configuration (attach a photograph or a diagram);
</P>
<P>(2) Size;
</P>
<P>(3) Number of legs/casings/pilings;
</P>
<P>(4) Diameter and wall thickness of legs/casings/pilings;
</P>
<P>(5) Whether piles are grouted inside or outside;
</P>
<P>(6) Brief description of soil composition and condition;
</P>
<P>(7) The sizes and weights of the jacket, topsides (by module), conductors, and pilings; and
</P>
<P>(8) The maximum removal lift weight and estimated number of main lifts to remove the structure.
</P>
<P>(d) A description, including anchor pattern, of the vessel(s) you will use to remove the structure.
</P>
<P>(e) Identification of the purpose, including:
</P>
<P>(1) Lease expiration/right-of-way relinquishment date; and
</P>
<P>(2) Reason for removing the structure.
</P>
<P>(f) A description of the removal method, including:
</P>
<P>(1) A brief description of the method you will use;
</P>
<P>(2) If you are using explosives, the following:
</P>
<P>(i) Type of explosives;
</P>
<P>(ii) Number and sizes of charges;
</P>
<P>(iii) Whether you are using single shot or multiple shots;
</P>
<P>(iv) If multiple shots, the sequence and timing of detonations;
</P>
<P>(v) Whether you are using a bulk or shaped charge;
</P>
<P>(vi) Depth of detonation below the mud line; and
</P>
<P>(vii) Whether you are placing the explosives inside or outside of the pilings;
</P>
<P>(3) If you will use divers or acoustic devices to conduct a pre-removal survey to detect the presence of turtles and marine mammals, a description of the proposed detection method; and
</P>
<P>(4) A statement whether or not you will use transducers to measure the pressure and impulse of the detonations.
</P>
<P>(g) Your plans for transportation and disposal (including as an artificial reef) or salvage of the removed platform.
</P>
<P>(h) If available, the results of any recent biological surveys conducted in the vicinity of the structure and recent observations of turtles or marine mammals at the structure site.
</P>
<P>(i) Your plans to protect archaeological and sensitive biological features during removal operations, including a brief assessment of the environmental impacts of the removal operations and procedures and mitigation measures you will take to minimize such impacts.
</P>
<P>(j) A statement whether or not you will use divers to survey the area after removal to determine any effects on marine life.


</P>
</DIV8>


<DIV8 N="§ 250.1728" NODE="30:2.0.1.2.3.17.130.23" TYPE="SECTION">
<HEAD>§ 250.1728   To what depth must I remove a platform or other facility?</HEAD>
<P>(a) Unless the Regional Supervisor approves an alternate depth under paragraph (b) of this section, you must remove all platforms and other facilities (including templates and pilings) to at least 15 feet below the mud line.
</P>
<P>(b) The Regional Supervisor may approve an alternate removal depth if:
</P>
<P>(1) The remaining structure would not become an obstruction to other users of the seafloor or area, and geotechnical and other information you provide demonstrate that erosional processes capable of exposing the obstructions are not expected; or
</P>
<P>(2) You determine, and BSEE concurs, that you must use divers and the seafloor sediment stability poses safety concerns; or
</P>
<P>(3) The water depth is greater than 800 meters (2,624 feet).


</P>
</DIV8>


<DIV8 N="§ 250.1729" NODE="30:2.0.1.2.3.17.130.24" TYPE="SECTION">
<HEAD>§ 250.1729   After I remove a platform or other facility, what information must I submit?</HEAD>
<P>Within 30 days after you remove a platform or other facility, you must submit a written report to the Regional Supervisor that includes the following:
</P>
<P>(a) A summary of the removal operation including the date it was completed;
</P>
<P>(b) A description of any mitigation measures you took; and
</P>
<P>(c) A statement signed by your authorized representative that certifies that the types and amount of explosives you used in removing the platform or other facility were consistent with those set forth in the approved removal application.


</P>
</DIV8>


<DIV8 N="§ 250.1730" NODE="30:2.0.1.2.3.17.130.25" TYPE="SECTION">
<HEAD>§ 250.1730   When might BSEE approve partial structure removal or toppling in place?</HEAD>
<P>The Regional Supervisor may grant a departure from the requirement to remove a platform or other facility by approving partial structure removal or toppling in place for conversion to an artificial reef if you meet the following conditions:
</P>
<P>(a) The structure becomes part of a State artificial reef program, and the responsible State agency acquires a permit from the U.S. Army Corps of Engineers and accepts title and liability for the structure; and
</P>
<P>(b) You satisfy any U.S. Coast Guard (USCG) navigational requirements for the structure.


</P>
</DIV8>


<DIV8 N="§ 250.1731" NODE="30:2.0.1.2.3.17.130.26" TYPE="SECTION">
<HEAD>§ 250.1731   Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE?</HEAD>
<P>(a) The holder of an Alternate Use RUE issued under 30 CFR part 585 is responsible for all decommissioning obligations that accrue following the issuance of the Alternate Use RUE and which pertain to the Alternate Use RUE. See 30 CFR part 585, subpart J, for additional information concerning the decommissioning responsibilities of an Alternate Use RUE grant holder.
</P>
<P>(b) The lessee under the lease originally issued under 30 CFR part 556 will remain responsible for decommissioning obligations that accrued before issuance of the Alternate Use RUE, as well as for decommissioning obligations that accrue following issuance of the Alternate Use RUE to the extent associated with continued activities authorized under this part.
</P>
<P>(c) If a lease issued under 30 CFR part 556 is cancelled or otherwise terminated under any provision of this subchapter, the lessee, upon our approval, may defer removal of any OCS facility within the lease area that is subject to an Alternate Use RUE. If we elect to grant such a deferral, the lessee remains responsible for removing the facility upon termination of the Alternate Use RUE and will be required to retain sufficient bonding or other financial assurances to ensure that the structure is removed or otherwise decommissioned in accordance with the provisions of this subpart.


</P>
</DIV8>

</DIV7>


<DIV7 N="131" NODE="30:2.0.1.2.3.17.131" TYPE="SUBJGRP">
<HEAD>Site Clearance for Wells, Platforms, and Other Facilities</HEAD>


<DIV8 N="§ 250.1740" NODE="30:2.0.1.2.3.17.131.27" TYPE="SECTION">
<HEAD>§ 250.1740   How must I verify that the site of a permanently plugged well, removed platform, or other removed facility is clear of obstructions?</HEAD>
<P>Within 60 days after you permanently plug a well or remove a platform or other facility, you must verify that the site is clear of obstructions by using one of the following methods:
</P>
<P>(a) For a well site, you must either:
</P>
<P>(1) Drag a trawl over the site;
</P>
<P>(2) Scan across the location using sonar equipment;
</P>
<P>(3) Inspect the site using a diver;
</P>
<P>(4) Videotape the site using a camera on a remotely operated vehicle (ROV); or
</P>
<P>(5) Use another method approved by the District Manager if the particular site conditions warrant.
</P>
<P>(b) For a platform or other facility site in water depths less than 300 feet, you must drag a trawl over the site.
</P>
<P>(c) For a platform or other facility site in water depths 300 feet or more, you must either:
</P>
<P>(1) Drag a trawl over the site;
</P>
<P>(2) Scan across the site using sonar equipment; or
</P>
<P>(3) Use another method approved by the Regional Supervisor if the particular site conditions warrant.


</P>
</DIV8>


<DIV8 N="§ 250.1741" NODE="30:2.0.1.2.3.17.131.28" TYPE="SECTION">
<HEAD>§ 250.1741   If I drag a trawl across a site, what requirements must I meet?</HEAD>
<P>If you drag a trawl across the site in accordance with § 250.1740, you must meet all of the requirements of this section.
</P>
<P>(a) You must drag the trawl in a grid-like pattern as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For a . . .
</TH><TH class="gpotbl_colhed" scope="col">You must drag the trawl across a . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Well site,</TD><TD align="left" class="gpotbl_cell">300-foot-radius circle centered on the well location.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Subsea well site,</TD><TD align="left" class="gpotbl_cell">600-foot-radius circle centered on the well location.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Platform site,</TD><TD align="left" class="gpotbl_cell">1,320-foot-radius circle centered on the location of the platform.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Single-well caisson, well protector jacket, template, or manifold,</TD><TD align="left" class="gpotbl_cell">600-foot-radius circle centered on the structure location.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must trawl 100 percent of the limits described in paragraph (a) of this section in two directions.
</P>
<P>(c) You must mark the area to be cleared as a hazard to navigation according to USCG requirements until you complete the site clearance procedures.
</P>
<P>(d) You must use a trawling vessel equipped with a calibrated navigational positioning system capable of providing position accuracy of ±30 feet.
</P>
<P>(e) You must use a trawling net that is representative of those used in the commercial fishing industry (one that has a net strength equal or greater than that provided by No. 18 twine).
</P>
<P>(f) You must ensure that you trawl no closer than 300 feet from a shipwreck, and 500 feet from a sensitive biological feature.
</P>
<P>(g) If you trawl near an active pipeline, you must meet the requirements in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For . . .
</TH><TH class="gpotbl_colhed" scope="col">You must trawl . . .
</TH><TH class="gpotbl_colhed" scope="col">And you must . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Buried active pipelines,</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">First contact the pipeline owner or operator to determine the condition of the pipeline before trawling over the buried pipeline.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Unburied active pipelines that are 8 inches in diameter or larger,</TD><TD align="left" class="gpotbl_cell">no closer than 100 feet to the either side of the pipeline,</TD><TD align="left" class="gpotbl_cell">Trawl parallel to the pipeline Do not trawl across the pipeline.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Unburied smaller diameter active pipelines in the trawl area that have obstructions (e.g., pipeline valves) present,</TD><TD align="left" class="gpotbl_cell">no closer than 100 feet to either side of the pipeline,</TD><TD align="left" class="gpotbl_cell">Trawl parallel to the pipeline. Do not trawl across the pipeline.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Unburied active pipelines in the trawl area that are smaller than 8 inches in diameter and have no obstructions present,</TD><TD align="left" class="gpotbl_cell">parallel to the pipeline,</TD><TD align="left" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
<P>(h) You must ensure that any trawling contractor you may use:
</P>
<P>(1) Has no corporate or other financial ties to you; and
</P>
<P>(2) Has a valid commercial trawling license for both the vessel and its captain.


</P>
</DIV8>


<DIV8 N="§ 250.1742" NODE="30:2.0.1.2.3.17.131.29" TYPE="SECTION">
<HEAD>§ 250.1742   What other methods can I use to verify that a site is clear?</HEAD>
<P>If you do not trawl a site, you can verify that the site is clear of obstructions by using any of the methods shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you use . . .
</TH><TH class="gpotbl_colhed" scope="col">You must . . .
</TH><TH class="gpotbl_colhed" scope="col">And you must . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Sonar,</TD><TD align="left" class="gpotbl_cell">cover 100 percent of the appropriate grid area listed in § 250.1741(a),</TD><TD align="left" class="gpotbl_cell">Use a sonar signal with a frequency of at least 500 kHz.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) A diver,</TD><TD align="left" class="gpotbl_cell">ensure that the diver visually inspects 100 percent of the appropriate grid area listed in § 250.1741(a),</TD><TD align="left" class="gpotbl_cell">Ensure that the diver uses a search pattern of concentric circles or parallel lines spaced no more than 10 feet apart.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) An ROV (remotely operated vehicle),</TD><TD align="left" class="gpotbl_cell">ensure that the ROV camera records videotape over 100 percent of the appropriate grid area listed in § 250.1741(a),</TD><TD align="left" class="gpotbl_cell">Ensure that the ROV uses a pattern of concentric circles or parallel lines spaced no more than 10 feet apart.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 250.1743" NODE="30:2.0.1.2.3.17.131.30" TYPE="SECTION">
<HEAD>§ 250.1743   How do I certify that a site is clear of obstructions?</HEAD>
<P>(a) For a well site, you must submit to the appropriate District Manager within 30 days after you complete the verification activities a form BSEE-0124, Application for Permit to Modify, to include the following information:
</P>
<P>(1) A signed certification that the well site area is cleared of all obstructions;
</P>
<P>(2) The date the verification work was performed and the vessel used;
</P>
<P>(3) The extent of the area surveyed;
</P>
<P>(4) The survey method used;
</P>
<P>(5) The results of the survey, including a list of any debris removed or a statement from the trawling contractor that no objects were recovered; and
</P>
<P>(6) A post-trawling job plot or map showing the trawled area.
</P>
<P>(b) For a platform or other facility site, you must submit the following information to the appropriate Regional Supervisor within 30 days after you complete the verification activities:
</P>
<P>(1) A letter signed by an authorized company official certifying that the platform or other facility site area is cleared of all obstructions and that a company representative witnessed the verification activities;
</P>
<P>(2) A letter signed by an authorized official of the company that performed the verification work for you certifying that it cleared the platform or other facility site area of all obstructions;
</P>
<P>(3) The date the verification work was performed and the vessel used;
</P>
<P>(4) The extent of the area surveyed;
</P>
<P>(5) The survey method used;
</P>
<P>(6) The results of the survey, including a list of any debris removed or a statement from the trawling contractor that no objects were recovered; and
</P>
<P>(7) A post-trawling job plot or map showing the trawled area.


</P>
</DIV8>

</DIV7>


<DIV7 N="132" NODE="30:2.0.1.2.3.17.132" TYPE="SUBJGRP">
<HEAD>Pipeline Decommissioning</HEAD>


<DIV8 N="§ 250.1750" NODE="30:2.0.1.2.3.17.132.31" TYPE="SECTION">
<HEAD>§ 250.1750   When may I decommission a pipeline in place?</HEAD>
<P>You may decommission a pipeline in place when the Regional Supervisor determines that the pipeline does not constitute a hazard (obstruction) to navigation and commercial fishing operations, unduly interfere with other uses of the OCS, or have adverse environmental effects.


</P>
</DIV8>


<DIV8 N="§ 250.1751" NODE="30:2.0.1.2.3.17.132.32" TYPE="SECTION">
<HEAD>§ 250.1751   How do I decommission a pipeline in place?</HEAD>
<P>You must do the following to decommission a pipeline in place:
</P>
<P>(a) Submit a pipeline decommissioning application in triplicate to the Regional Supervisor for approval. Your application must be accompanied by payment of the service fee listed in § 250.125. Your application must include the following information:
</P>
<P>(1) Reason for the operation;
</P>
<P>(2) Proposed decommissioning procedures;
</P>
<P>(3) Length (feet) of segment to be decommissioned; and
</P>
<P>(4) Length (feet) of segment remaining.
</P>
<P>(b) Pig the pipeline, unless the Regional Supervisor determines that pigging is not practical;
</P>
<P>(c) Flush the pipeline;
</P>
<P>(d) Fill the pipeline with seawater;
</P>
<P>(e) Cut and plug each end of the pipeline;
</P>
<P>(f) Bury each end of the pipeline at least 3 feet below the seafloor or cover each end with protective concrete mats, if required by the Regional Supervisor; and
</P>
<P>(g) Remove all pipeline valves and other fittings that could unduly interfere with other uses of the OCS.


</P>
</DIV8>


<DIV8 N="§ 250.1752" NODE="30:2.0.1.2.3.17.132.33" TYPE="SECTION">
<HEAD>§ 250.1752   How do I remove a pipeline?</HEAD>
<P>Before removing a pipeline, you must:
</P>
<P>(a) Submit a pipeline removal application in triplicate to the Regional Supervisor for approval. Your application must be accompanied by payment of the service fee listed in § 250.125. Your application must include the following information:
</P>
<P>(1) Proposed removal procedures;
</P>
<P>(2) If the Regional Supervisor requires it, a description, including anchor pattern(s), of the vessel(s) you will use to remove the pipeline;
</P>
<P>(3) Length (feet) to be removed;
</P>
<P>(4) Length (feet) of the segment that will remain in place;
</P>
<P>(5) Plans for transportation of the removed pipe for disposal or salvage;
</P>
<P>(6) Plans to protect archaeological and sensitive biological features during removal operations, including a brief assessment of the environmental impacts of the removal operations and procedures and mitigation measures that you will take to minimize such impacts; and
</P>
<P>(7) Projected removal schedule and duration.
</P>
<P>(b) Pig the pipeline, unless the Regional Supervisor determines that pigging is not practical; and
</P>
<P>(c) Flush the pipeline.


</P>
</DIV8>


<DIV8 N="§ 250.1753" NODE="30:2.0.1.2.3.17.132.34" TYPE="SECTION">
<HEAD>§ 250.1753   After I decommission a pipeline, what information must I submit?</HEAD>
<P>Within 30 days after you decommission a pipeline, you must submit a written report to the Regional Supervisor that includes the following:
</P>
<P>(a) A summary of the decommissioning operation including the date it was completed;
</P>
<P>(b) A description of any mitigation measures you took; and
</P>
<P>(c) A statement signed by your authorized representative that certifies that the pipeline was decommissioned according to the approved application.


</P>
</DIV8>


<DIV8 N="§ 250.1754" NODE="30:2.0.1.2.3.17.132.35" TYPE="SECTION">
<HEAD>§ 250.1754   When must I remove a pipeline decommissioned in place?</HEAD>
<P>You must remove a pipeline decommissioned in place if the Regional Supervisor determines that the pipeline is an obstruction.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="R" NODE="30:2.0.1.2.3.18" TYPE="SUBPART">
<HEAD>Subpart R [Reserved]</HEAD>

</DIV6>


<DIV6 N="S" NODE="30:2.0.1.2.3.19" TYPE="SUBPART">
<HEAD>Subpart S—Safety and Environmental Management Systems (SEMS)</HEAD>


<DIV8 N="§ 250.1900" NODE="30:2.0.1.2.3.19.133.1" TYPE="SECTION">
<HEAD>§ 250.1900   Must I have a SEMS program?</HEAD>
<XREF ID="20260610" REFID="65">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>You must develop, implement, and maintain a safety and environmental management system (SEMS) program. Your SEMS program must address the elements described in § 250.1902, American Petroleum Institute's Recommended Practice for Development of a Safety and Environmental Management Program for Offshore Operations and Facilities (API RP 75) (as incorporated by reference in § 250.198), and other requirements as identified in this subpart.
</P>
<P>(a) If there are any conflicts between the requirements of this subpart and API RP 75; COS-2-01, COS-2-03, or COS-2-04; or ISO/IEC 17011 (incorporated by reference as specified in § 250.198), you must follow the requirements of this subpart.
</P>
<P>(b) Nothing in this subpart affects safety or other matters under the jurisdiction of the Coast Guard.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20440, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1901" NODE="30:2.0.1.2.3.19.133.2" TYPE="SECTION">
<HEAD>§ 250.1901   What is the goal of my SEMS program?</HEAD>
<P>The goal of your SEMS program is to promote safety and environmental protection by ensuring all personnel aboard a facility are complying with the policies and procedures identified in your SEMS.
</P>
<P>(a) To accomplish this goal, you must ensure that your SEMS program identifies, addresses, and manages safety, environmental hazards, and impacts during the design, construction, start-up, operation (including, but not limited to, drilling and decommissioning), inspection, and maintenance of all new and existing facilities, including mobile offshore drilling units (MODUs) when attached to the seabed and Department of the Interior (DOI) regulated pipelines.
</P>
<P>(b) All personnel involved with your SEMS program must be trained to have the skills and knowledge to perform their assigned duties.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20440, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1902" NODE="30:2.0.1.2.3.19.133.3" TYPE="SECTION">
<HEAD>§ 250.1902   What must I include in my SEMS program?</HEAD>
<XREF ID="20260610" REFID="66">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>You must have a properly documented SEMS program in place and make it available to BSEE upon request as required by § 250.1924(b).
</P>
<P>(a) Your SEMS program must meet the minimum criteria outlined in this subpart, including the following SEMS program elements:
</P>
<P>(1) General (see § 250.1909)
</P>
<P>(2) Safety and Environmental Information (see § 250.1910)
</P>
<P>(3) Hazards Analysis (see § 250.1911)
</P>
<P>(4) Management of Change (see § 250.1912)
</P>
<P>(5) Operating Procedures (see § 250.1913)
</P>
<P>(6) Safe Work Practices (see § 250.1914)
</P>
<P>(7) Training (see § 250.1915)
</P>
<P>(8) Mechanical Integrity (Assurance of Quality and Mechanical Integrity of Critical Equipment) (see § 250.1916)
</P>
<P>(9) Pre-startup Review (see § 250.1917)
</P>
<P>(10) Emergency Response and Control (see § 250.1918)
</P>
<P>(11) Investigation of Incidents (see § 250.1919)
</P>
<P>(12) Auditing (Audit of Safety and Environmental Management Program Elements) (<I>see</I> § 250.1920)
</P>
<P>(13) Recordkeeping (Records and Documentation) and additional BSEE requirements (<I>see</I> § 250.1928)
</P>
<P>(14) Stop Work Authority (SWA) (see § 250.1930)
</P>
<P>(15) Ultimate Work Authority (UWA) (see § 250.1931)
</P>
<P>(16) Employee Participation Plan (EPP) (see § 250.1932)
</P>
<P>(17) Reporting Unsafe Working Conditions (see § 250.1933).
</P>
<P>(b) You must include a job safety analysis (JSA) for OCS activities identified or discussed in your SEMS program (see § 250.1911).
</P>
<P>(c) Your SEMS program must meet or exceed the standards of safety and environmental protection of API RP 75 (as incorporated by reference in § 250.198).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20440, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1903" NODE="30:2.0.1.2.3.19.133.4" TYPE="SECTION">
<HEAD>§ 250.1903   Acronyms and definitions.</HEAD>
<XREF ID="20260610" REFID="67">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>Definitions listed in this section apply to this subpart and supersede definitions in API RP 75, Appendices D and E; COS-2-01, COS-2-03, and COS-2-04; and ISO/IEC 17011 (incorporated by reference as specified in § 250.198).
</P>
<P>(a) <I>Acronyms</I> used frequently in this subpart have the following meanings:
</P>
<P><I>AB</I> means Accreditation Body,
</P>
<P><I>ASP</I> means Audit Service Provider,
</P>
<P><I>CAP</I> means Corrective Action Plan,
</P>
<P><I>COS</I> means Center for Offshore Safety,
</P>
<P><I>EPP</I> means Employee Participation Plan,
</P>
<P><I>ISO</I> means International Organization for Standardization,
</P>
<P><I>JSA</I> means Job Safety Analysis,
</P>
<P><I>MODU</I> means Mobile Offshore Drilling Unit,
</P>
<P><I>OCS</I> means Outer Continental Shelf,
</P>
<P><I>SEMS</I> means Safety and Environmental Management Systems,
</P>
<P><I>SWA</I> means Stop Work Authority,
</P>
<P><I>USCG</I> means United States Coast Guard, and
</P>
<P><I>UWA</I> means Ultimate Work Authority.
</P>
<P>(b) <I>Terms</I> used in this subpart are listed alphabetically as follows:
</P>
<P><I>Accreditation Body (AB)</I> means a BSEE-approved independent third-party organization that assesses and accredits ASPs.
</P>
<P><I>Audit Service Provider (ASP)</I> means an independent third-party organization that demonstrates competence to conduct SEMS audits in accordance with the requirements of this subpart.
</P>
<P><I>Corrective Action Plan (CAP)</I> means a scheduled plan to correct deficiencies identified during an audit and that is developed by an operator following the issuance of an audit report.
</P>
<P><I>Personnel</I> means direct employee(s) of the operator and contracted workers.
</P>
<P><I>Ultimate Work Authority (UWA)</I> means the authority assigned to an individual or position to make final decisions relating to activities and operations on the facility.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20440, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1904" NODE="30:2.0.1.2.3.19.133.5" TYPE="SECTION">
<HEAD>§ 250.1904   Special instructions.</HEAD>
<XREF ID="20260610" REFID="68">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>(a) For purposes of this subpart, each and every reference in COS-2-01, COS-2-03, and COS-2-04 (incorporated by reference as specified in § 250.198) to the term <I>deepwater</I> means the entire OCS, including all water depths.
</P>
<P>(b) The BSEE does not incorporate by reference any requirement that you must be a COS member company. For purposes of this subpart, each and every reference in COS-2-01, COS-2-03, and COS-2-04 to the phrase <I>COS member company(ies)</I> means you, whether or not you are a COS member.
</P>
<P>(c) For purposes of this subpart, each and every reference in the relevant sections of COS-2-01, COS-2-03, and COS-2-04 (incorporated by reference as specified in § 250.198) to the <I>Center for Offshore Safety</I> or <I>COS</I> means <I>accreditation body</I> or <I>AB.</I>
</P>
<P>(d) For purposes of this subpart, each and every reference in ISO/IEC 17011 (incorporated by reference as specified in § 250.198) to <I>conformity assessment body (CAB)</I> means <I>ASP.</I>
</P>
<CITA TYPE="N">[78 FR 20441, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§§ 250.1905-250.1908" NODE="30:2.0.1.2.3.19.133.6" TYPE="SECTION">
<HEAD>§§ 250.1905-250.1908   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.1909" NODE="30:2.0.1.2.3.19.133.7" TYPE="SECTION">
<HEAD>§ 250.1909   What are management's general responsibilities for the SEMS program?</HEAD>
<XREF ID="20260610" REFID="69">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>You, through your management, must require that the program elements discussed in API RP 75 (as incorporated by reference in § 250.198) and in this subpart are properly documented and are available at field and office locations, as appropriate for each program element. You, through your management, are responsible for the development, support, continued improvement, and overall success of your SEMS program. Specifically you, through your management, must:
</P>
<P>(a) Establish goals and performance measures, demand accountability for implementation, and provide necessary resources for carrying out an effective SEMS program.
</P>
<P>(b) Appoint management representatives who are responsible for establishing, implementing and maintaining an effective SEMS program.
</P>
<P>(c) Designate specific management representatives who are responsible for reporting to management on the performance of the SEMS program.
</P>
<P>(d) At intervals specified in the SEMS program and at least annually, review the SEMS program to determine if it continues to be suitable, adequate and effective (by addressing the possible need for changes to policy, objectives, and other elements of the program in light of program audit results, changing circumstances and the commitment to continual improvement) and document the observations, conclusions and recommendations of that review.
</P>
<P>(e) Develop and endorse a written description of your safety and environmental policies and organizational structure that define responsibilities, authorities, and lines of communication required to implement the SEMS program.
</P>
<P>(f) Utilize personnel with expertise in identifying safety hazards, environmental impacts, optimizing operations, developing safe work practices, developing training programs and investigating incidents.
</P>
<P>(g) Ensure that facilities are designed, constructed, maintained, monitored, and operated in a manner compatible with applicable industry codes, consensus standards, and generally accepted practice as well as in compliance with all applicable governmental regulations.
</P>
<P>(h) Ensure that management of safety hazards and environmental impacts is an integral part of the design, construction, maintenance, operation, and monitoring of each facility.
</P>
<P>(i) Ensure that suitably trained and qualified personnel are employed to carry out all aspects of the SEMS program.
</P>
<P>(j) Ensure that the SEMS program is maintained and kept up to date by means of periodic audits to ensure effective performance.


</P>
</DIV8>


<DIV8 N="§ 250.1910" NODE="30:2.0.1.2.3.19.133.8" TYPE="SECTION">
<HEAD>§ 250.1910   What safety and environmental information is required?</HEAD>
<P>(a) You must require that SEMS program safety and environmental information be developed and maintained for any facility that is subject to the SEMS program.
</P>
<P>(b) SEMS program safety and environmental information must include:
</P>
<P>(1) Information that provides the basis for implementing all SEMS program elements, including the requirements of hazard analysis (§ 250.1911);
</P>
<P>(2) process design information including, as appropriate, a simplified process flow diagram and acceptable upper and lower limits, where applicable, for items such as temperature, pressure, flow and composition; and
</P>
<P>(3) mechanical design information including, as appropriate, piping and instrument diagrams; electrical area classifications; equipment arrangement drawings; design basis of the relief system; description of alarm, shutdown, and interlock systems; description of well control systems; and design basis for passive and active fire protection features and systems and emergency evacuation procedures.


</P>
</DIV8>


<DIV8 N="§ 250.1911" NODE="30:2.0.1.2.3.19.133.9" TYPE="SECTION">
<HEAD>§ 250.1911   What hazards analysis criteria must my SEMS program meet?</HEAD>
<P>You must ensure that a hazards analysis (facility level) and a JSA (operations/task level) are developed and implemented for all of your facilities and activities identified or discussed in your SEMS. You must document and maintain a current analysis for each operation covered by this section for the life of the operation at the facility. You must update the analysis when an internal audit is conducted to ensure that it is consistent with your facility's current operations.
</P>
<P>(a) <I>Hazards analysis (facility level).</I> The hazards analysis must be appropriate for the complexity of the operation and must identify, evaluate, and manage the hazards involved in the operation.
</P>
<P>(1) The hazards analysis must address the following:
</P>
<P>(i) Hazards of the operation;
</P>
<P>(ii) Previous incidents related to the operation you are evaluating, including any incident in which you were issued an Incident of Noncompliance or a civil or criminal penalty;
</P>
<P>(iii) Control technology applicable to the operation your hazards analysis is evaluating; and
</P>
<P>(iv) A qualitative evaluation of the possible safety and health effects on employees, and potential impacts to the human and marine environments, which may result if the control technology fails.
</P>
<P>(2) The hazards analysis must be performed by a person(s) with experience in the operations being evaluated. These individuals also need to be experienced in the hazards analysis methodologies being employed.
</P>
<P>(3) You should assure that the recommendations in the hazards analysis are resolved and that the resolution is documented.
</P>
<P>(4) A single hazards analysis can be performed to fulfill the requirements for simple and nearly identical facilities, such as well jackets and single well caissons. You can apply this single hazards analysis to simple and nearly identical facilities after you verify that any site-specific deviations are addressed in each of your SEMS program elements.
</P>
<P>(b) <I>JSA.</I> You must ensure a JSA is prepared, conducted, and approved for OCS activities that are identified or discussed in your SEMS program. The JSA is a technique used to identify risks to personnel associated with their job activities. The JSAs are also used to determine the appropriate mitigation measures needed to reduce job risks to personnel. The JSA must include all personnel involved with the job activity.
</P>
<P>(1) You must ensure that your JSA identifies, analyzes, and records:
</P>
<P>(i) The steps involved in performing a specific job;
</P>
<P>(ii) The existing or potential safety, health, and environmental hazards associated with each step; and
</P>
<P>(iii) The recommended action(s) and/or procedure(s) that will eliminate or reduce these hazards, the risk of a workplace injury or illness, or environmental impacts.
</P>
<P>(2) The immediate supervisor of the crew performing the job onsite must conduct the JSA, sign the JSA, and ensure that all personnel participating in the job understand and sign the JSA.
</P>
<P>(3) The individual you designate as being in charge of the facility must approve and sign all JSAs before personnel start the job.
</P>
<P>(4) If a particular job is conducted on a recurring basis, and if the parameters of these recurring jobs do not change, then the person in charge of the job may decide that a JSA for each individual job is not required. The parameters you must consider in making this determination include, but are not limited to, changes in personnel, procedures, equipment, and environmental conditions associated with the job.
</P>
<P>(c) All personnel, which includes contractors, must be trained in accordance with the requirements of § 250.1915. You must also verify that contractors are trained in accordance with § 250.1915 prior to performing a job.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20441, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1912" NODE="30:2.0.1.2.3.19.133.10" TYPE="SECTION">
<HEAD>§ 250.1912   What criteria for management of change must my SEMS program meet?</HEAD>
<P>(a) You must develop and implement written management of change procedures for modifications associated with the following:
</P>
<P>(1) Equipment,
</P>
<P>(2) Operating procedures,
</P>
<P>(3) Personnel changes (including contractors),
</P>
<P>(4) Materials, and
</P>
<P>(5) Operating conditions.
</P>
<P>(b) Management of change procedures do not apply to situations involving replacement in kind (such as, replacement of one component by another component with the same performance capabilities).
</P>
<P>(c) You must review all changes prior to their implementation.
</P>
<P>(d) The following items must be included in your management of change procedures:
</P>
<P>(1) The technical basis for the change;
</P>
<P>(2) Impact of the change on safety, health, and the coastal and marine environments;
</P>
<P>(3) Necessary time period to implement the change; and
</P>
<P>(4) Management approval procedures for the change.
</P>
<P>(e) Employees, including contractors whose job tasks will be affected by a change in the operation, must be informed of, and trained in, the change prior to startup of the process or affected part of the operation; and
</P>
<P>(f) If a management of change results in a change in the operating procedures of your SEMS program, such changes must be documented and dated.


</P>
</DIV8>


<DIV8 N="§ 250.1913" NODE="30:2.0.1.2.3.19.133.11" TYPE="SECTION">
<HEAD>§ 250.1913   What criteria for operating procedures must my SEMS program meet?</HEAD>
<P>(a) You must develop and implement written operating procedures that provide instructions for conducting safe and environmentally sound activities involved in each operation addressed in your SEMS program. These procedures must include the job title and reporting relationship of the person or persons responsible for each of the facility's operating areas and address the following:
</P>
<P>(1) Initial startup;
</P>
<P>(2) Normal operations;
</P>
<P>(3) All emergency operations (including but not limited to medical evacuations, weather-related evacuations and emergency shutdown operations);
</P>
<P>(4) Normal shutdown;
</P>
<P>(5) Startup following a turnaround, or after an emergency shutdown;
</P>
<P>(6) Bypassing and flagging out-of-service equipment;
</P>
<P>(7) Safety and environmental consequences of deviating from your equipment operating limits and steps required to correct or avoid this deviation;
</P>
<P>(8) Properties of, and hazards presented by, the chemicals used in the operations;
</P>
<P>(9) Precautions you will take to prevent the exposure of chemicals used in your operations to personnel and the environment. The precautions must include control technology, personal protective equipment, and measures to be taken if physical contact or airborne exposure occurs;
</P>
<P>(10) Raw materials used in your operations and the quality control procedures you used in purchasing these raw materials;
</P>
<P>(11) Control of hazardous chemical inventory; and
</P>
<P>(12) Impacts to the human and marine environment identified through your hazards analysis.
</P>
<P>(b) Operating procedures must be accessible to all employees involved in the operations.
</P>
<P>(c) Operating procedures must be reviewed at the conclusion of specified periods and as often as necessary to assure they reflect current and actual operating practices, including any changes made to your operations.
</P>
<P>(d) You must develop and implement safe and environmentally sound work practices for identified hazards during operations and the degree of hazard presented.
</P>
<P>(e) Review of and changes to the procedures must be documented and communicated to responsible personnel.


</P>
</DIV8>


<DIV8 N="§ 250.1914" NODE="30:2.0.1.2.3.19.133.12" TYPE="SECTION">
<HEAD>§ 250.1914   What criteria must be documented in my SEMS program for safe work practices and contractor selection?</HEAD>
<P>Your SEMS program must establish and implement safe work practices designed to minimize the risks associated with operations, maintenance, modification activities, and the handling of materials and substances that could affect safety or the environment. Your SEMS program must also document contractor selection criteria. When selecting a contractor, you must obtain and evaluate information regarding the contractor's safety record and environmental performance. You must ensure that contractors have their own written safe work practices. Contractors may adopt appropriate sections of your SEMS program. You and your contractor must document an agreement on appropriate contractor safety and environmental policies and practices before the contractor begins work at your facilities.
</P>
<P>(a) A contractor is anyone performing work for you. However, these requirements do not apply to contractors providing domestic services to you or other contractors. Domestic services include janitorial work, food and beverage service, laundry service, housekeeping, and similar activities.
</P>
<P>(b) You must document that your contracted employees are knowledgeable and experienced in the work practices necessary to perform their job in a safe and environmentally sound manner. Documentation of each contracted employee's expertise to perform his/her job and a copy of the contractor's safety policies and procedures must be made available to the operator and BSEE upon request.
</P>
<P>(c) Your SEMS program must include procedures and verification for selecting a contractor as follows:
</P>
<P>(1) Your SEMS program must have procedures that verify that contractors are conducting their activities in accordance with your SEMS program.
</P>
<P>(2) You are responsible for making certain that contractors have the skills and knowledge to perform their assigned duties and are conducting these activities in accordance with the requirements in your SEMS program.
</P>
<P>(3) You must make the results of your verification for selecting contractors available to BSEE upon request.
</P>
<P>(d) Your SEMS program must include procedures and verification that contractor personnel understand and can perform their assigned duties for activities such as, but not limited to:
</P>
<P>(1) Installation, maintenance, or repair of equipment;
</P>
<P>(2) Construction, startup, and operation of your facilities;
</P>
<P>(3) Turnaround operations;
</P>
<P>(4) Major renovation; or
</P>
<P>(5) Specialty work.
</P>
<P>(e) You must:
</P>
<P>(1) Perform periodic evaluations of the performance of contract employees that verifies they are fulfilling their obligations, and
</P>
<P>(2) Maintain a contractor employee injury and illness log for 2 years related to the contractor's work in the operation area, and include this information on Form BSEE-0131.
</P>
<P>(f) You must inform your contractors of any known hazards at the facility they are working on including, but not limited to fires, explosions, slips, trips, falls, other injuries, and hazards associated with lifting operations.
</P>
<P>(g) You must develop and implement safe work practices to control the presence, entrance, and exit of contract employees in operation areas.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20441, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1915" NODE="30:2.0.1.2.3.19.133.13" TYPE="SECTION">
<HEAD>§ 250.1915   What training criteria must be in my SEMS program?</HEAD>
<P>Your SEMS program must establish and implement a training program so that all personnel are trained in accordance with their duties and responsibilities to work safely and are aware of potential environmental impacts. Training must address such areas as operating procedures (§ 250.1913), safe work practices (§ 250.1914), emergency response and control measures (§ 250.1918), SWA (§ 250.1930), UWA (§ 250.1931), EPP (§ 250.1932), reporting unsafe working conditions (§ 250.1933), and how to recognize and identify hazards and how to construct and implement JSAs (§ 250.1911). You must document your instructors' qualifications. Your SEMS program must address:
</P>
<P>(a) Initial training for the basic well-being of personnel and protection of the environment, and ensure that persons assigned to operate and maintain the facility possess the required knowledge and skills to carry out their duties and responsibilities, including startup and shutdown.
</P>
<P>(b) Periodic training to maintain understanding of, and adherence to, the current operating procedures, using periodic drills, to verify adequate retention of the required knowledge and skills.
</P>
<P>(c) Communication requirements to ensure that personnel will be informed of and trained as outlined in this section whenever a change is made in any of the areas in your SEMS program that impacts their ability to properly understand and perform their duties and responsibilities. Training and/or notice of the change must be given before personnel are expected to operate the facility.
</P>
<P>(d) How you will verify that the contractors are trained in the work practices necessary to understand and perform their jobs in a safe and environmentally sound manner in accordance with all provisions of this section.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20441, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1916" NODE="30:2.0.1.2.3.19.133.14" TYPE="SECTION">
<HEAD>§ 250.1916   What criteria for mechanical integrity must my SEMS program meet?</HEAD>
<P>You must develop and implement written procedures that provide instructions to ensure the mechanical integrity and safe operation of equipment through inspection, testing, and quality assurance. The purpose of mechanical integrity is to ensure that equipment is fit for service. Your mechanical integrity program must encompass all equipment and systems used to prevent or mitigate uncontrolled releases of hydrocarbons, toxic substances, or other materials that may cause environmental or safety consequences. These procedures must address the following:
</P>
<P>(a) The design, procurement, fabrication, installation, calibration, and maintenance of your equipment and systems in accordance with the manufacturer's design and material specifications.
</P>
<P>(b) The training of each employee involved in maintaining your equipment and systems so that your employees can implement your mechanical integrity program.
</P>
<P>(c) The frequency of inspections and tests of your equipment and systems. The frequency of inspections and tests must be in accordance with BSEE regulations and meet the manufacturer's recommendations. Inspections and tests can be performed more frequently if determined to be necessary by prior operating experience.
</P>
<P>(d) The documentation of each inspection and test that has been performed on your equipment and systems. This documentation must identify the date of the inspection or test; include the name and position, and the signature of the person who performed the inspection or test; include the serial number or other identifier of the equipment on which the inspection or test was performed; include a description of the inspection or test performed; and the results of the inspection test.
</P>
<P>(e) The correction of deficiencies associated with equipment and systems that are outside the manufacturer's recommended limits. Such corrections must be made before further use of the equipment and system.
</P>
<P>(f) The installation of new equipment and constructing systems. The procedures must address the application for which they will be used.
</P>
<P>(g) The modification of existing equipment and systems. The procedures must ensure that they are modified for the application for which they will be used.
</P>
<P>(h) The verification that inspections and tests are being performed. The procedures must be appropriate to ensure that equipment and systems are installed consistent with design specifications and the manufacturer's instructions.
</P>
<P>(i) The assurance that maintenance materials, spare parts, and equipment are suitable for the applications for which they will be used.


</P>
</DIV8>


<DIV8 N="§ 250.1917" NODE="30:2.0.1.2.3.19.133.15" TYPE="SECTION">
<HEAD>§ 250.1917   What criteria for pre-startup review must be in my SEMS program?</HEAD>
<P>Your SEMS program must require that the commissioning process include a pre-startup safety and environmental review for new and significantly modified facilities that are subject to this subpart to confirm that the following criteria are met:
</P>
<P>(a) Construction and equipment are in accordance with applicable specifications.
</P>
<P>(b) Safety, environmental, operating, maintenance, and emergency procedures are in place and are adequate.
</P>
<P>(c) Safety and environmental information is current.
</P>
<P>(d) Hazards analysis recommendations have been implemented as appropriate.
</P>
<P>(e) Training of operating personnel has been completed.
</P>
<P>(f) Programs to address management of change and other elements of this subpart are in place.
</P>
<P>(g) Safe work practices are in place.


</P>
</DIV8>


<DIV8 N="§ 250.1918" NODE="30:2.0.1.2.3.19.133.16" TYPE="SECTION">
<HEAD>§ 250.1918   What criteria for emergency response and control must be in my SEMS program?</HEAD>
<P>Your SEMS program must require that emergency response and control plans are in place and are ready for immediate implementation. These plans must be validated by drills carried out in accordance with a schedule defined by the SEMS training program (§ 250.1915). The SEMS emergency response and control plans must include:
</P>
<P>(a) Emergency Action Plan that assigns authority and responsibility to the appropriate qualified person(s) at a facility for initiating effective emergency response and control, addressing emergency reporting and response requirements, and complying with all applicable governmental regulations;
</P>
<P>(b) Emergency Control Center(s) designated for each facility with access to the Emergency Action Plans, oil spill contingency plan, and other safety and environmental information (§ 250.1910); and
</P>
<P>(c) Training and Drills incorporating emergency response and evacuation procedures conducted periodically for all personnel (including contractor's personnel), as required by the SEMS training program (§ 250.1915). Drills must be based on realistic scenarios conducted periodically to exercise elements contained in the facility or area emergency action plan. An analysis and critique of each drill must be conducted to identify and correct weaknesses.


</P>
</DIV8>


<DIV8 N="§ 250.1919" NODE="30:2.0.1.2.3.19.133.17" TYPE="SECTION">
<HEAD>§ 250.1919   What criteria for investigation of incidents must be in my SEMS program?</HEAD>
<P>To learn from incidents and help prevent similar incidents, your SEMS program must establish procedures for investigation of all incidents with serious safety or environmental consequences and require investigation of incidents that are determined by facility management or BSEE to have possessed the potential for serious safety or environmental consequences. Incident investigations must be initiated as promptly as possible, with due regard for the necessity of securing the incident scene and protecting people and the environment. Incident investigations must be conducted by personnel knowledgeable in the process involved, investigation techniques, and other specialties that are relevant or necessary.
</P>
<P>(a) The investigation of an incident must address the following:
</P>
<P>(1) The nature of the incident;
</P>
<P>(2) The factors (human or other) that contributed to the initiation of the incident and its escalation/control; and
</P>
<P>(3) Recommended changes identified as a result of the investigation.
</P>
<P>(b) A corrective action program must be established based on the findings of the investigation in order to analyze incidents for common root causes. The corrective action program must:
</P>
<P>(1) Retain the findings of investigations for use in the next hazard analysis update or audit;
</P>
<P>(2) Determine and document the response to each finding to ensure that corrective actions are completed; and
</P>
<P>(3) Implement a system whereby conclusions of investigations are distributed to similar facilities and appropriate personnel within their organization.


</P>
</DIV8>


<DIV8 N="§ 250.1920" NODE="30:2.0.1.2.3.19.133.18" TYPE="SECTION">
<HEAD>§ 250.1920   What are the auditing requirements for my SEMS program?</HEAD>
<XREF ID="20260610" REFID="70">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>(a) Your SEMS program must be audited by an accredited ASP according to the requirements of this subpart and API RP 75, Section 12 (incorporated by reference as specified in § 250.198). The audit process must also meet or exceed the criteria in Sections 9.1 through 9.8 of <I>Requirements for Third-party SEMS Auditing and Certification of Deepwater Operations</I> COS-2-03 (incorporated by reference as specified in § 250.198) or its equivalent. Additionally, the audit team lead must be an employee, representative, or agent of the ASP, and must not have any affiliation with the operator. The remaining team members may be chosen from your personnel and those of the ASP. The audit must be comprehensive and include all elements of your SEMS program. It must also identify safety and environmental performance deficiencies.
</P>
<P>(b) Your audit plan and procedures must meet or exceed all of the recommendations included in API RP 75 section 12 (as specified in § 250.198) and include information on how you addressed those recommendations. You must specifically address the following items:
</P>
<P>(1) Section 12.1 General.
</P>
<P>(2) Section 12.2 Scope.
</P>
<P>(3) Section 12.3 Audit Coverage.
</P>
<P>(4) Section 12.4 Audit Plan. You must submit your written Audit Plan to BSEE at least 30 days before the audit. BSEE reserves the right to modify the list of facilities that you propose to audit.
</P>
<P>(5) Section 12.5 Audit Frequency. You must have your SEMS program audited by an ASP within 2 years after initial implementation and every 3 years thereafter. The 3-year auditing cycle begins on the start date of each comprehensive audit (including the initial implementation audit) and ends on the start date of your next comprehensive audit. For exploratory drilling operations taking place on the Arctic OCS, you must conduct an audit, consisting of an onshore portion and an offshore portion, including all related infrastructure, once per year for every year in which drilling is conducted.
</P>
<P>(6) Section 12.6 Audit Team. Your audits must be performed by an ASP as described in § 250.1921. You must include the ASP's qualifications in your audit plan.
</P>
<P>(c) You must submit an audit report of the audit findings, observations, deficiencies identified, and conclusions to BSEE within 60 days of the audit completion date. For exploratory drilling operations taking place on the Arctic OCS, you must submit an audit report of the audit findings, observations, deficiencies and conclusions for the onshore portion of your audit no later than March 1 in any year in which you plan to drill, and for the offshore portion of your audit, within 30 days of the close of the audit.
</P>
<P>(d) You must provide BSEE with a copy of your CAP for addressing the deficiencies identified in your audit within 60 days of the audit completion date. Your CAP must include the name and job title of the personnel responsible for correcting the identified deficiency(ies). The BSEE will notify you as soon as practicable after receipt of your CAP if your proposed schedule is not acceptable or if the CAP does not effectively address the audit findings. For exploratory drilling operations taking place on the Arctic OCS, you must provide BSEE with a copy of your CAP for addressing deficiencies or nonconformities identified in the onshore portion of the audit no later than March 1 in any year in which you plan to drill, and for the offshore portion of your audit, within 30 days of the close of the audit.
</P>
<P>(e) BSEE may verify that you undertook the corrective actions and that these actions effectively address the audit findings.
</P>
<P>(f) For exploratory drilling operations taking place on the Arctic OCS, during the offshore portion of each audit, 100 percent of the facilities operated must be audited while drilling activities are underway. You must start and close the offshore portion of the audit for each facility within 30 days after the first spudding of the well or entry into an existing wellbore for any purpose from that facility.
</P>
<P>(g) For exploratory drilling operations taking place on the Arctic OCS, if BSEE determines that the CAP or progress toward implementing the CAP is not satisfactory, BSEE may order you to shut down all or part of your operations.


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20442, Apr. 5, 2013; 81 FR 36151, June 6, 2016; 81 FR 46563, July 15, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 250.1921" NODE="30:2.0.1.2.3.19.133.19" TYPE="SECTION">
<HEAD>§ 250.1921   What qualifications must the ASP meet?</HEAD>
<XREF ID="20260610" REFID="71">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>(a) The ASP must meet or exceed the qualifications, competency, and training criteria contained in Section 3 and Sections 6 through 10 of <I>Qualification and Competence Requirements for Audit Teams and Auditors Performing Third-party SEMS Audits of Deepwater Operations,</I> COS-2-01, (incorporated by reference as specified in § 250.198) or its equivalent;
</P>
<P>(b) The ASP must be accredited by a BSEE-approved AB; and
</P>
<P>(c) The ASP must perform an audit in accordance with 250.1920(a).


</P>
<CITA TYPE="N">[78 FR 20442, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1922" NODE="30:2.0.1.2.3.19.133.20" TYPE="SECTION">
<HEAD>§ 250.1922   What qualifications must an AB meet?</HEAD>
<XREF ID="20260610" REFID="72">Link to an amendment published at 91 FR 35362, June 10, 2026.</XREF>
<P>(a) In order for BSEE to approve an AB, the organization must satisfy the requirements of the International Organization for Standardization's (ISO/IEC 17011) <I>Conformity assessment—General requirements for accreditation bodies accrediting conformity assessment bodies,</I> First Edition 2004-09-01; Corrected Version 2005-02-15 (incorporated by reference as specified in § 250.198) or its equivalent.
</P>
<P>(1) The AB must have an accreditation process that meets or exceeds the requirements contained in Section 6 of <I>Requirements for Accreditation of Audit Service Providers Performing SEMS Audits and Certification of Deepwater Operations,</I> COS-2-04 (incorporated by reference as specified in § 250.198) or its equivalent, and other requirements specified in this subpart. Organizations requesting approval must submit documentation to BSEE describing the process for assessing an ASP for accreditation and approving, maintaining, and withdrawing the accreditation of an ASP. Requests for approval must be sent to DOI/BSEE, ATTN: Chief, Office of Offshore Regulatory Programs, 381 Elden Street, HE-3314, Herndon, VA 20170.
</P>
<P>(2) An AB may be subject to BSEE audits and other requirements deemed necessary to verify compliance with the accreditation requirements.
</P>
<P>(b) An AB must have procedures in place to avoid conflicts of interest with the ASP and make such information available to BSEE upon request.


</P>
<CITA TYPE="N">[78 FR 20442, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1923" NODE="30:2.0.1.2.3.19.133.21" TYPE="SECTION">
<HEAD>§ 250.1923   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.1924" NODE="30:2.0.1.2.3.19.133.22" TYPE="SECTION">
<HEAD>§ 250.1924   How will BSEE determine if my SEMS program is effective?</HEAD>
<P>(a) The BSEE, or its authorized representative, may evaluate or visit your facility(ies) to determine whether your SEMS program is in place, addresses all required elements, is effective in protecting worker safety and health and the environment, and preventing incidents. The BSEE, or its authorized representative, may evaluate any and all aspects of your SEMS program as outlined in this subpart. These evaluations or visits may be random and may be based upon your performance or that of your contractors.
</P>
<P>(b) For the evaluations, you must make the following available to BSEE upon request:
</P>
<P>(1) Your SEMS program;
</P>
<P>(2) Your audit team's qualifications;
</P>
<P>(3) The SEMS audits conducted of your program;
</P>
<P>(4) Documents or information relevant to whether you have addressed and corrected the deficiencies of your audit; and
</P>
<P>(5) Other relevant documents or information.
</P>
<P>(c) During the site visit BSEE may verify that:
</P>
<P>(1) Personnel are following your SEMS program,
</P>
<P>(2) You can explain and demonstrate the procedures and policies included in your SEMS program; and
</P>
<P>(3) You can produce evidence to support the implementation of your SEMS program.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20442, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1925" NODE="30:2.0.1.2.3.19.133.23" TYPE="SECTION">
<HEAD>§ 250.1925   May BSEE direct me to conduct additional audits?</HEAD>
<P>(a) The BSEE may direct you to have an ASP audit of your SEMS program if BSEE identifies safety or non-compliance concerns based on the results of our inspections and evaluations, or as a result of an event. This BSEE-directed audit is in addition to the regular audit required by § 250.1920. Alternatively, BSEE may conduct an audit.
</P>
<P>(1) If BSEE directs you to have an ASP audit, you are responsible for all of the costs associated with the audit, and
</P>
<P>(i) The ASP must meet the requirements of §§ 250.1920 and 250.1921 of this subpart.
</P>
<P>(ii) You must submit an audit report of the audit findings, observations, deficiencies identified, and conclusions to BSEE within 60 days of the audit completion date.
</P>
<P>(2) If BSEE conducts the audit, BSEE will provide you with a report of the audit findings, observations, deficiencies identified, and conclusions as soon as practicable.
</P>
<P>(b) You must provide BSEE a copy of your CAP for addressing the deficiencies identified in the BSEE-directed audit within 60 days of the audit completion date. Your CAP must include the name and job title of the personnel responsible for correcting the identified deficiency(ies). The BSEE will notify you as soon as practicable after receipt of your CAP if your proposed schedule is not acceptable or if the CAP does not effectively address the audit findings.
</P>
<CITA TYPE="N">[78 FR 20442, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1926" NODE="30:2.0.1.2.3.19.133.24" TYPE="SECTION">
<HEAD>§ 250.1926   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 250.1927" NODE="30:2.0.1.2.3.19.133.25" TYPE="SECTION">
<HEAD>§ 250.1927   What happens if BSEE finds shortcomings in my SEMS program?</HEAD>
<P>If BSEE determines that your SEMS program is not in compliance with this subpart we may initiate one or more of the following enforcement actions:
</P>
<P>(a) Issue an Incident(s) of Noncompliance;
</P>
<P>(b) Assess civil penalties; or
</P>
<P>(c) Initiate probationary or disqualification procedures from serving as an OCS operator.


</P>
</DIV8>


<DIV8 N="§ 250.1928" NODE="30:2.0.1.2.3.19.133.26" TYPE="SECTION">
<HEAD>§ 250.1928   What are my recordkeeping and documentation requirements?</HEAD>
<P>(a) Your SEMS program procedures must ensure that records and documents are maintained for a period of 6 years, except as provided below. You must document and keep all SEMS audits for 6 years and make them available to BSEE upon request. You must maintain a copy of all SEMS program documents at an onshore location.
</P>
<P>(b) For JSAs, the person in charge of the job must document the results of the JSA in writing and must ensure that records are kept onsite for 30 days. In the case of a MODU, records must be kept onsite for 30 days or until you release the MODU, whichever comes first. You must retain these records for 2 years and make them available to BSEE upon request.
</P>
<P>(c) You must document and date all management of change provisions as specified in § 250.1912. You must retain these records for 2 years and make them available to BSEE upon request.
</P>
<P>(d) You must keep your injury/illness log for 2 years and make them available to BSEE upon request.
</P>
<P>(e) You must keep all evaluations completed on contractor's safety policies and procedures for 2 years and make them available to BSEE upon request.
</P>
<P>(f) For SWA, you must document all training and reviews required by § 250.1930(e). You must ensure that these records are kept onsite for 30 days. In the case of a MODU, records must be kept onsite for 30 days or until you release the MODU, whichever comes first. You must retain these records for 2 years and make them available to BSEE upon request.
</P>
<P>(g) For EPP, you must document your employees' participation in the development and implementation of the SEMS program. You must retain these records for 2 years and make them available to BSEE upon request.
</P>
<P>(h) You must keep all records in an orderly manner, readily identifiable, retrievable and legible, and include the date of any and all revisions.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 78 FR 20442, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1929" NODE="30:2.0.1.2.3.19.133.27" TYPE="SECTION">
<HEAD>§ 250.1929   What are my responsibilities for submitting OCS performance measure data?</HEAD>
<P>You must submit Form BSEE-0131 on an annual basis by March 31st. The form must be broken down quarterly, reporting the previous calendar year's data.


</P>
</DIV8>


<DIV8 N="§ 250.1930" NODE="30:2.0.1.2.3.19.133.28" TYPE="SECTION">
<HEAD>§ 250.1930   What must be included in my SEMS program for SWA?</HEAD>
<P>(a) Your SWA procedures must ensure the capability to immediately stop work that is creating imminent risk or danger. These procedures must grant all personnel the responsibility and authority, without fear of reprisal, to stop work or decline to perform an assigned task when an imminent risk or danger exists. Imminent risk or danger means any condition, activity, or practice in the workplace that could reasonably be expected to cause:
</P>
<P>(1) Death or serious physical harm; or
</P>
<P>(2) Significant environmental harm to:
</P>
<P>(i) Land;
</P>
<P>(ii) Air; or
</P>
<P>(iii) Mineral deposits, marine, coastal, or human environment.
</P>
<P>(b) The person in charge of the conducted work is responsible for ensuring the work is stopped in an orderly and safe manner. Individuals who receive a notification to stop work must comply with that direction immediately.
</P>
<P>(c) Work may be resumed when the individual on the facility with UWA determines that the imminent risk or danger does not exist or no longer exists. The decision to resume activities must be documented in writing as soon as practicable.
</P>
<P>(d) You must include SWA procedures and expectations as a standard statement in all JSAs.
</P>
<P>(e) You must conduct training on your SWA procedures as part of orientations for all new personnel who perform activities on the OCS. Additionally, the SWA procedures must be reviewed during all meetings focusing on safety on facilities subject to this subpart.
</P>
<CITA TYPE="N">[78 FR 20443, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1931" NODE="30:2.0.1.2.3.19.133.29" TYPE="SECTION">
<HEAD>§ 250.1931   What must be included in my SEMS program for UWA?</HEAD>
<P>(a) Your SEMS program must have a process to identify the individual with the UWA on your facility(ies). You must designate this individual taking into account all applicable USCG regulations that deal with designating a person in charge of an OCS facility. Your SEMS program must clearly define who is in charge at all times. In the event that multiple facilities, including a MODU, are attached and working together or in close proximity to one another to perform an OCS operation, your SEMS program must identify the individual with the UWA over the entire operation, including all facilities.
</P>
<P>(b) You must ensure that all personnel clearly know who has UWA and who is in charge of a specific operation or activity at all times, including when that responsibility shifts to a different individual.
</P>
<P>(c) The SEMS program must provide that if an emergency occurs that creates an imminent risk or danger to the health or safety of an individual, the public, or to the environment (as specified in § 250.1930(a)), the individual with the UWA is authorized to pursue the most effective action necessary in that individual's judgment for mitigating and abating the conditions or practices causing the emergency.
</P>
<CITA TYPE="N">[78 FR 20443, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1932" NODE="30:2.0.1.2.3.19.133.30" TYPE="SECTION">
<HEAD>§ 250.1932   What are my EPP requirements?</HEAD>
<P>(a) Your management must consult with their employees on the development, implementation, and modification of your SEMS program.
</P>
<P>(b) Your management must develop a written plan of action regarding how your appropriate employees, in both your offices and those working on offshore facilities, will participate in your SEMS program development and implementation.
</P>
<P>(c) Your management must ensure that employees have access to sections of your SEMS program that are relevant to their jobs.
</P>
<CITA TYPE="N">[78 FR 20443, Apr. 5, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 250.1933" NODE="30:2.0.1.2.3.19.133.31" TYPE="SECTION">
<HEAD>§ 250.1933   What procedures must be included for reporting unsafe working conditions?</HEAD>
<P>(a) Your SEMS program must include procedures for all personnel to report unsafe working conditions in accordance with § 250.193. These procedures must take into account applicable USCG reporting requirements for unsafe working conditions.
</P>
<P>(b) You must post a notice at the place of employment in a visible location frequently visited by personnel that contains the reporting information in § 250.193.
</P>
<CITA TYPE="N">[78 FR 20443, Apr. 5, 2013]


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="251" NODE="30:2.0.1.2.4" TYPE="PART">
<HEAD>PART 251—GEOLOGICAL AND GEOPHYSICAL (G&amp;G) EXPLORATIONS OF THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>31 U.S.C. 9701, 43 U.S.C. 1334.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 251.1" NODE="30:2.0.1.2.4.0.133.1" TYPE="SECTION">
<HEAD>§ 251.1   Definitions.</HEAD>
<P>Terms used in this part have the following meaning:
</P>
<P><I>Act</I> means the Outer Continental Shelf Lands Act (OCSLA), as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Analyzed geological information</I> means data collected under a permit or a lease that have been analyzed. Analysis may include, but is not limited to, identification of lithologic and fossil content, core analyses, laboratory analyses of physical and chemical properties, well logs or charts, results from formation fluid tests, and descriptions of hydrocarbon occurrences or hazardous conditions.
</P>
<P><I>Archaeological interest</I> means capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurements, controlled collection, analysis, interpretation, and explanation.
</P>
<P><I>Archaeological resources</I> mean any material remains of human life or activities that are at least 50 years of age and of archaeological interest.
</P>
<P><I>Coastal environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone.
</P>
<P><I>Coastal Zone</I> means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal States and extends seaward to the outer limit of the U.S. territorial sea.
</P>
<P><I>Coastal Zone Management Act</I> means the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 <I>et seq.</I>).
</P>
<P><I>Data</I> means facts, statistics, measurements, or samples that have not been analyzed, processed, or interpreted.
</P>
<P><I>Deep stratigraphic test</I> means drilling that involves the penetration into the sea bottom of more than 500 feet (152 meters).
</P>
<P><I>Director</I> means the Director of the Bureau of Safety and Environmental Enforcement, U.S. Department of the Interior, or a subordinate authorized to act on the Director's behalf.
</P>
<P><I>Exploration</I> means the commercial search for oil, gas, and sulphur. Activities classified as exploration include, but are not limited to:
</P>
<P>(1) Geological and geophysical marine and airborne surveys where magnetic, gravity, seismic reflection, seismic refraction, gas sniffers, coring, or other systems are used to detect or imply the presence of oil, gas, or sulphur; and
</P>
<P>(2) Any drilling, whether on or off a geological structure.
</P>
<P><I>Geological and geophysical scientific research</I> means any oil, gas, or sulphur related investigation conducted in the OCS for scientific and/or research purposes. Geological, geophysical, and geochemical data and information gathered and analyzed are made available to the public for inspection and reproduction at the earliest practicable time. The term does not include commercial geological or geophysical exploration or research.
</P>
<P><I>Geological exploration</I> means exploration that uses geological and geochemical techniques (e.g., coring and test drilling, well logging, and bottom sampling) to produce data and information on oil, gas, and sulphur resources in support of possible exploration and development activities. The term does not include geological scientific research.
</P>
<P><I>Geological information</I> means geological or geochemical data that have been analyzed, processed, or interpreted.
</P>
<P><I>Geophysical data</I> means measurements that have not been processed or interpreted.
</P>
<P><I>Geophysical exploration</I> means exploration that utilizes geophysical techniques (e.g., gravity, magnetic, electromagnetic, or seismic) to produce data and information on oil, gas, and sulphur resources in support of possible exploration and development activities. The term does not include geophysical scientific research.
</P>
<P><I>Geophysical information</I> means geophysical data that have been processed or interpreted.
</P>
<P><I>Governor</I> means the Governor of a State or the person or entity lawfully designated to exercise the powers granted to a Governor pursuant to the Act.
</P>
<P><I>Human environment</I> means the physical, social, and economic components, conditions, and factors which interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
</P>
<P><I>Hydrocarbon occurrence</I> means the direct or indirect detection during drilling operations of any liquid or gaseous hydrocarbons by examination of well cuttings, cores, gas detector readings, formation fluid tests, wireline logs, or by any other means. The term does not include background gas, minor accumulations of gas, or heavy oil residues on cuttings and cores.
</P>
<P><I>Interpreted geological information</I> means knowledge, often in the form of schematic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of geological data and analyzed and processed geologic information.
</P>
<P><I>Interpreted geophysical information</I> means knowledge, often in the form of seismic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of geophysical data and processed geophysical information.
</P>
<P><I>Lease</I> means an agreement which is issued under section 8 or maintained under section 6 of the Act and which authorizes exploration for, and development and production of, minerals or the area covered by that authorization, whichever is required by the context.
</P>
<P><I>Lessee</I> means a person who has entered into, or is the BOEM approved assignee of, a lease with the United States to explore for, develop, and produce the leased minerals. The term “lessee” also includes an owner of operating rights.
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the quality of the marine ecosystem in the coastal zone and in the OCS.
</P>
<P><I>Material remains</I> mean physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which such evidence is situated.
</P>
<P><I>Minerals</I> mean oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from public lands as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
</P>
<P><I>Notice</I> means a written statement of intent to conduct geological or geophysical scientific research related to oil, gas, and sulphur in the OCS other than under a permit.
</P>
<P><I>Oil, gas, and sulphur</I> mean oil, gas, sulphur, geopressured-geothermal, and associated resources.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Permit</I> means the contract or agreement, other than a lease, issued pursuant to this part, under which a person acquires the right to conduct on the OCS, in accordance with appropriate statutes, regulations, and stipulations:
</P>
<P>(1) Geological exploration for mineral resources;
</P>
<P>(2) Geophysical exploration for mineral resources;
</P>
<P>(3) Geological scientific research; or
</P>
<P>(4) Geophysical scientific research.
</P>
<P><I>Permittee</I> means the person authorized by a permit issued pursuant to this part to conduct activities on the OCS.
</P>
<P><I>Person</I> means a citizen or national of the United States; an alien lawfully admitted for permanent residence in the United States as defined in section 8 U.S.C. 1101(a)(20); a private, public, or municipal corporation organized under the laws of the United States or of any State or territory thereof; and associations of such citizens, nationals, resident aliens, or private, public, or municipal corporations, States, or political subdivisions of States or anyone operating in a manner provided for by treaty or other applicable international agreements. The term does not include Federal agencies.
</P>
<P><I>Processed geological or geophysical information</I> means data collected under a permit and later processed or reprocessed. Processing involves changing the form of data so as to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements. Reprocessing is the additional processing other than ordinary processing used in the general course of evaluation. Reprocessing operations may include varying identified parameters for the detailed study of a specific problem area. Reprocessing may occur several years after the original processing date. Reprocessing is determined to be completed on the date that the reprocessed information is first available in a useable format for in-house interpretation by BOEM or the permittee, or becomes first available to third parties via sale, trade, license agreement, or other means.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or a subordinate authorized to act on the Secretary's behalf.
</P>
<P><I>Shallow test drilling</I> means drilling into the sea bottom to depths less than those specified in the definition of a deep stratigraphic test.
</P>
<P><I>Significant archaeological resource</I> means those archaeological resources that meet the criteria of significance for eligibility to the National Register of Historic Places as defined in 36 CFR 60.4.
</P>
<P><I>Third Party</I> means any person other than the permittee or a representative of the United States, including all persons who obtain data or information acquired under a permit from the permittee, or from another third party, by sale, trade, license agreement, or other means.
</P>
<P><I>Violation</I> means a failure to comply with any provision of the Act, or a provision of a regulation or order issued under the Act, or any provision of a lease, license, or permit issued under the Act.
</P>
<P><I>You</I> means a person who applies for and/or obtains a permit, or files a Notice to conduct geological or geophysical exploration or scientific research related to oil, gas, and sulphur in the OCS.


</P>
</DIV8>


<DIV8 N="§ 251.2" NODE="30:2.0.1.2.4.0.133.2" TYPE="SECTION">
<HEAD>§ 251.2   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 251.3" NODE="30:2.0.1.2.4.0.133.3" TYPE="SECTION">
<HEAD>§ 251.3   Authority and applicability of this part.</HEAD>
<P>BSEE authorizes you to conduct exploration or scientific research activities under this part in accordance with the Act, the regulations in this part, orders of the Director/Regional Director, and other applicable statutes, regulations, and amendments.
</P>
<P>(a) This part does not apply to G&amp;G exploration conducted by or on behalf of the lessee on a lease in the OCS. Refer to 30 CFR part 550 if you plan to conduct G&amp;G activities related to oil, gas, or sulphur under terms of a lease.
</P>
<P>(b) Federal agencies are exempt from the regulations in this part.
</P>
<P>(c) G&amp;G exploration or G&amp;G scientific research related to minerals other than oil, gas, and sulphur is covered by regulations at 30 CFR part 580.


</P>
</DIV8>


<DIV8 N="§§ 251.4-251.6" NODE="30:2.0.1.2.4.0.133.4" TYPE="SECTION">
<HEAD>§§ 251.4-251.6   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 251.7" NODE="30:2.0.1.2.4.0.133.5" TYPE="SECTION">
<HEAD>§ 251.7   Test drilling activities under a permit.</HEAD>
<P>(a) [Reserved]
</P>
<P>(b) <I>Deep stratigraphic tests.</I> You must submit to the appropriate BOEM or BSEE Regional Director, at the address in 30 CFR 551.5(d) for BOEM or 30 CFR 254.7 for BSEE, a drilling plan (submitted to BOEM), an environmental report (submitted to BOEM), an Application for Permit to Drill (Form BSEE-0123) (submitted to BSEE), and a Supplemental APD Information Sheet (Form BSEE-0123S) (submitted to BSEE) as follows:
</P>
<P>(1) <I>Drilling plan.</I> The drilling plan must include:
</P>
<P>(i) The proposed type, sequence, and timetable of drilling activities;
</P>
<P>(ii) A description of your drilling rig, indicating the important features with special attention to safety, pollution prevention, oil-spill containment and cleanup plans, and onshore disposal procedures;
</P>
<P>(iii) The location of each deep stratigraphic test you will conduct, including the location of the surface and projected bottomhole of the borehole;
</P>
<P>(iv) The types of geological and geophysical survey instruments you will use before and during drilling;
</P>
<P>(v) Seismic, bathymetric, sidescan sonar, magnetometer, or other geophysical data and information sufficient to evaluate seafloor characteristics, shallow geologic hazards, and structural detail across and in the vicinity of the proposed test to the total depth of the proposed test well; and
</P>
<P>(vi) Other relevant data and information that the BOEM Regional Director requires.
</P>
<P>(2) <I>Environmental report.</I> The environmental report must include all of the following material:
</P>
<P>(i) A summary with data and information available at the time you submitted the related drilling plan. BOEM will consider site-specific data and information developed since the most recent environmental impact statement or other environmental impact analysis in the immediate area. The summary must meet the following requirements:
</P>
<P>(A) You must concentrate on the issues specific to the site(s) of drilling activity. However, you only need to summarize data and information discussed in any environmental reports, analyses, or impact statements prepared for the geographic area of the drilling activity.
</P>
<P>(B) You must list referenced material. Include brief descriptions and a statement of where the material is available for inspection.
</P>
<P>(C) You must refer only to data that are available to BOEM.
</P>
<P>(ii) Details about your project such as:
</P>
<P>(A) A list and description of new or unusual technologies;
</P>
<P>(B) The location of travel routes for supplies and personnel;
</P>
<P>(C) The kinds and approximate levels of energy sources;
</P>
<P>(D) The environmental monitoring systems; and
</P>
<P>(E) Suitable maps and diagrams showing details of the proposed project layout.
</P>
<P>(iii) A description of the existing environment. For this section, you must include the following information on the area:
</P>
<P>(A) Geology;
</P>
<P>(B) Physical oceanography;
</P>
<P>(C) Other uses of the area;
</P>
<P>(D) Flora and fauna;
</P>
<P>(E) Existing environmental monitoring systems; and
</P>
<P>(F) Other unusual or unique characteristics that may affect or be affected by the drilling activities.
</P>
<P>(iv) A description of the probable impacts of the proposed action on the environment and the measures you propose for mitigating these impacts.
</P>
<P>(v) A description of any unavoidable or irreversible adverse effects on the environment that could occur.
</P>
<P>(vi) Other relevant data that the BOEM Regional Director requires.
</P>
<P>(3) <I>Copies for coastal States.</I> You must submit copies of the drilling plan and environmental report to the BOEM Regional Director for transmittal to the Governor of each affected coastal State and the coastal zone management agency of each affected coastal State that has an approved program under the Coastal Zone Management Act. (The BOEM Regional Director will make the drilling plan and environmental report available to appropriate Federal agencies and the public according to the Department of the Interior's policies and procedures).
</P>
<P>(4) <I>Certification of coastal zone management program consistency and State concurrence.</I> When required under an approved coastal zone management program of an affected State, your drilling plan must include a certification that the proposed activities described in the plan comply with enforceable policies of, and will be conducted in a manner consistent with such State's program. The BOEM Regional Director may not approve any of the activities described in the drilling plan unless the State concurs with the consistency certification or the Secretary of Commerce makes the finding authorized by section 307(c)(3)(B)(iii) of the Coastal Zone Management Act.
</P>
<P>(5) <I>Protecting archaeological resources.</I> If the BOEM Regional Director believes that an archaeological resource may exist in the area that may be affected by drilling, the BOEM Regional Director will notify you of the need to prepare an archaeological report under 30 CFR 551.7(b)(5).
</P>
<P>(i) If the evidence suggests that an archaeological resource may be present, you must:
</P>
<P>(A) Locate the site of the drilling so as to not adversely affect the area where the archaeological resources may be, or
</P>
<P>(B) Establish to the satisfaction of the BOEM Regional Director that an archaeological resource does not exist or will not be adversely affected by drilling. This must be done by further archaeological investigation, conducted by an archaeologist and a geophysicist, using survey equipment and techniques deemed necessary by the Regional Director. A report on the investigation must be submitted to the BOEM Regional Director for review.
</P>
<P>(ii) If the BOEM Regional Director determines that an archaeological resource is likely to be present in the area that may be affected by drilling, and may be adversely affected by drilling, the BOEM Regional Director will notify you immediately. You must take no action that may adversely affect the archaeological resource unless further investigations determine that the resource is not archaeologically significant.
</P>
<P>(iii) If you discover any archaeological resource while drilling, you must immediately halt drilling and report the discovery to the BOEM Regional Director. If investigations determine that the resource is significant, the BOEM Regional Director will inform you how to protect it.
</P>
<P>(6) <I>Application for permit to drill (APD).</I> Before commencing deep stratigraphic test drilling activities under an approved drilling plan, you must submit an APD and a Supplemental APD Information Sheet (Forms BSEE-0123 and BSEE-0123S) and receive approval. You must comply with all regulations relating to drilling operations in 30 CFR part 250.
</P>
<P>(7) <I>Revising an approved drilling plan.</I> Before you revise an approved drilling plan, you must obtain the BOEM Regional Director's approval.
</P>
<P>(8) <I>After drilling.</I> When you complete the test activities, you must permanently plug and abandon the boreholes of all deep stratigraphic tests in compliance with 30 CFR part 250. If the tract on which you conducted a deep stratigraphic test is leased to another party for exploration and development, and if the lessee has not disturbed the borehole, BSEE will hold you and not the lessee responsible for problems associated with the test hole.
</P>
<P>(9) <I>Deadline for completing a deep stratigraphic test.</I> If your deep stratigraphic test well is within 50 geographic miles of a tract that BOEM has identified for a future lease sale, as listed on the currently approved OCS leasing schedule, you must complete all drilling activities and submit the data and information to the BOEM Regional Director at least 60 days before the first day of the month in which BOEM schedules the lease sale. However, the BOEM Regional Director may extend your permit duration to allow you to complete drilling activities and submit data and information if the extension is in the National interest.
</P>
<P>(c)-(d) [Reserved]


</P>
</DIV8>


<DIV8 N="§§ 251.8-251.14" NODE="30:2.0.1.2.4.0.133.6" TYPE="SECTION">
<HEAD>§§ 251.8-251.14   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 251.15" NODE="30:2.0.1.2.4.0.133.7" TYPE="SECTION">
<HEAD>§ 251.15   Authority for information collection.</HEAD>
<P>The Office of Management and Budget has approved the information collection requirements in this part under 44 U.S.C. 3501 <I>et seq.</I> and assigned OMB control number 1014-0025 as it pertains to Application for Permit to Drill (APD, Form BSEE-0123), and Supplemental APD Information Sheet (Form BSEE-0123S). The title of this information collection is “30 CFR Part 250, <I>Application for Permit to Drill (APD, Revised APD) Supplemental APD Information Sheet, and all supporting documents.</I>”
</P>
<CITA TYPE="N">[81 FR 36151, June 6, 2016]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="252" NODE="30:2.0.1.2.5" TYPE="PART">
<HEAD>PART 252—OUTER CONTINENTAL SHELF (OCS) OIL AND GAS INFORMATION PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>OCS Lands Act, 43 U.S.C. 1331 <I>et seq.,</I> as amended, 92 Stat. 629; Freedom of Information Act, 5 U.S.C. 552; § 252.3 also issued under Pub. L. 99-190 making continuing appropriations for Fiscal Year 1986, and for other purposes.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 252.1" NODE="30:2.0.1.2.5.0.133.1" TYPE="SECTION">
<HEAD>§ 252.1   Purpose.</HEAD>
<P>The purpose of this part is to implement the provisions of section 26 of the Act (43 U.S.C. 1352). This part supplements the procedures and requirements contained in 30 CFR parts 250, 251, 550, and 551 and provides procedures and requirements for the submission of oil and gas data and information resulting from exploration, development, and production operations on the Outer Continental Shelf (OCS) to the Director, Bureau of Safety and Environmental Enforcement (BSEE). In addition, this part establishes procedures for the Director to make available certain information to the Governors of affected States and, upon request, to the executives of affected local governments in accordance with the provisions of the Freedom of Information Act and the Act.


</P>
</DIV8>


<DIV8 N="§ 252.2" NODE="30:2.0.1.2.5.0.133.2" TYPE="SECTION">
<HEAD>§ 252.2   Definitions.</HEAD>
<P>When used in the regulations in this part, the following terms shall have the following meanings:
</P>
<P><I>Act</I> refers to the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Affected local government</I> means the principal governing body of a locality which is in an affected State and is identified by the Governor of that State as a locality which will be significantly affected by oil and gas activities on the OCS.
</P>
<P><I>Affected State</I> means, with respect to any program, plan, lease sale, or other activity, proposed, conducted, or approved pursuant to the provisions of the Act, any State:
</P>
<P>(1) The laws of which are declared, pursuant to section 4(a)(2)(A) of the Act, to be the law of the United States for the portion of the OCS on which such activity is, or is proposed to be, conducted;
</P>
<P>(2) Which is, or is proposed to be, directly connected by transportation facilities to any artificial island or installations and other devices permanently, or temporarily attached to the seabed;
</P>
<P>(3) Which is receiving, or in accordance with the proposed activity will receive, oil for processing, refining, or transshipment which was extracted from the OCS and transported directly to such State by means of vessels or by a combination of means including vessels;
</P>
<P>(4) Which is designated by the Director as a State in which there is a substantial probability of significant impact on or damage to the coastal, marine, or human environment, or a State in which there will be significant changes in the social, governmental, or economic infrastructure, resulting from the exploration, development, and production of oil and gas anywhere on the OCS; or
</P>
<P>(5) In which the Director finds that because of such activity there is, or will be, a significant risk of serious damage, due to factors such as prevailing winds and currents, to the marine or coastal environment in the event of any oil spill, blowout, or release of oil or gas from vessels, pipelines, or other transshipment facilities.
</P>
<P><I>Analyzed geological information</I> means data collected under a permit or a lease which have been analyzed. Analysis may include, but is not limited to, identification of lithologic and fossil content, core analyses, laboratory analyses of physical and chemical properties, logs or charts of electrical, radioactive, sonic, and other well logs, and descriptions of hydrocarbon shows or hazardous conditions.
</P>
<P><I>Area adjacent to a State</I> means all of that portion of the OCS included within a planning area if such planning area is bordered by that State. The portion of the OCS in the Navarin Basin Planning Area is deemed to be adjacent to the State of Alaska. The States of New York and Rhode Island are deemed to be adjacent to both the Mid-Atlantic Planning Area and the North Atlantic Planning Area.
</P>
<P><I>Data</I> means facts and statistics or samples which have not been analyzed or processed.
</P>
<P><I>Development</I> means those activities which take place following discovery of oil or natural gas in paying quantities, including geophysical activity, drilling, platform construction, and operation of all onshore support facilities, and which are for the purpose of ultimately producing the oil and gas discovered.
</P>
<P><I>Director</I> means the Director of the Bureau of Safety and Environmental Enforcement (BSEE) of the U.S. Department of the Interior or a designee of the Director.
</P>
<P><I>Exploration</I> means the process of searching for oil and natural gas, including:
</P>
<P>(1) Geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such oil or natural gas, and
</P>
<P>(2) Any drilling, whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any additional delineation well after such discovery which is needed to delineate any reservoir and to enable the lessee to determine whether to proceed with development and production.
</P>
<P><I>Governor</I> means the Governor of a State, or the person or entity designated by, or pursuant to, State law to exercise the powers granted to a Governor pursuant to the Act.
</P>
<P><I>Information,</I> when used without a qualifying adjective, includes analyzed geological information, processed geophysical information, interpreted geological information, and interpreted geophysical information.
</P>
<P><I>Interpreted geological information</I> means knowledge, often in the form of schematic cross sections and maps, developed by determining the geological significance of data and analyzed geological information.
</P>
<P><I>Interpreted geophysical information</I> means knowledge, often in the form of schematic cross sections and maps, developed by determining the geological significance of geophysical data and processed geophysical information.
</P>
<P><I>Lease</I> means any form of authorization which is issued under section 8 or maintained under section 6 of the Act and which authorizes exploration for, and development and production of, oil or natural gas, or the land covered by such authorization, whichever is required by the context.
</P>
<P><I>Lessee</I> means the party authorized by a lease, or an approved assignment thereof, to explore for and develop and produce the leased deposits in accordance with the regulations in 30 CFR part 550, including all parties holding such authority by or through the lessee.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands which lie seaward and outside of the area of lands beneath navigable waters as defined in the Submerged Lands Act (67 Stat. 29) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Permittee</I> means the party authorized by a permit issued pursuant to 30 CFR parts 251 and 551 to conduct activities on the OCS.
</P>
<P><I>Processed geophysical information</I> means data collected under a permit or a lease which have been processed. Processing involves changing the form of data so as to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements.
</P>
<P><I>Production</I> means those activities which take place after the successful completion of any means for the removal of oil or natural gas, including such removal, field operations, transfer of oil or natural gas to shore, operation monitoring, maintenance, and workover drilling.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or a designee of the Secretary.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36151, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 252.3" NODE="30:2.0.1.2.5.0.133.3" TYPE="SECTION">
<HEAD>§ 252.3   Oil and gas data and information to be provided for use in the OCS Oil and Gas Information Program.</HEAD>
<P>(a) Any permittee or lessee engaging in the activities of exploration for, or development and production of, oil and gas on the OCS shall provide the Director access to all data and information obtained or developed as a result of such activities, including geological data, geophysical data, analyzed geological information, processed and reprocessed geophysical information, interpreted geophysical information, and interpreted geological information. Copies of these data and information and any interpretation of these data and information shall be provided to the Director upon request. No permittee or lessee submitting an interpretation of data or information, where such interpretation has been submitted in good faith, shall be held responsible for any consequence of the use of or reliance upon such interpretation.
</P>
<P>(b)(1) Whenever a lessee or permittee provides any data or information, at the request of the Director and specifically for use in the OCS Oil and Gas Information Program in a form and manner of processing which is utilized by the lessee or permittee in the normal conduct of business, the Director shall pay the reasonable cost of reproducing the data and information if the lessee or permittee requests reimbursement. The cost shall be computed and paid in accordance with the applicable provisions of paragraph (e)(1) of this section.
</P>
<P>(2) Whenever a lessee or permittee provides any data or information, at the request of the Director and specifically for use in the OCS Oil and Gas Information Program, in a form and manner of processing not normally utilized by the lessee or permittee in the normal conduct of business, the Director shall pay the lessee or permittee, if the lessee or permittee requests reimbursement, the reasonable cost of processing and reproducing the requested data and information. The cost is to be computed and paid in accordance with the applicable provisions of paragraph (e)(2) of this section.
</P>
<P>(c) Data or information requested by the Director shall be provided as soon as practicable, but not later than 30 days following receipt of the Director's request, unless, for good reason, the Director authorizes a longer time period for the submission of the requested data or information.
</P>
<P>(d) The Director reserves the right to disclose any data or information acquired from a lessee or permittee to an independent contractor or agent for the purpose of reproducing, processing, reprocessing, or interpreting such data or information. When practicable, the Director shall notify the lessee(s) or permittee(s) who provided the data or information of the intent to disclose the data or information to an independent contractor or agent. The Director's notice of intent will afford the permittee(s) or lessee(s) a period of not less than 5 working days within which to comment on the intended action. When the Director so notifies a lessee or permittee of the intent to disclose data or information to an independent contractor or agent, all other owners of such data or information shall be deemed to have been notified of the Director's intent. Prior to any such disclosure, the contractor or agent shall be required to execute a written commitment not to disclose any data or information to anyone without the express consent of the Director, and not to make any disclosure or use of the data or information other than that provided in the contract. Contracts between BSEE and independent contractors shall be available to the lessee(s) or permittee(s) for inspection. In the event of any unauthorized use or disclosure of data or information by the contractor or agent, or by an employee thereof, the responsible contractor or agent or employee thereof shall be liable for penalties pursuant to section 24 of the Act.
</P>
<P>(e)(1) After delivery of data or information in accordance with paragraph (b)(1) of this section and upon receipt of a request for reimbursement and a determination by the Director that the requested reimbursement is proper, the lessee or permittee shall be reimbursed for the cost of reproducing the data or information at the lessee's or permittee's lowest rate or at the lowest commercial rate established in the area, whichever is less. Requests for reimbursement must be made within 60 days of the delivery date of the data or information requested under paragraph (b)(1) of this section.
</P>
<P>(2) After delivery of data or information in accordance with paragraph (b)(3) of this section, and upon receipt of a request for reimbursement and a determination by the Director that the requested reimbursement is proper, the lessee or permittee shall be reimbursed for the cost of processing or reprocessing and of reproducing the requested data or information. Requests for reimbursement must be made within 60 days of the delivery date of the data or information and shall be for only the costs attributable to processing or reprocessing and reproducing, as distinguished from the costs of data acquisition.
</P>
<P>(3) Requests for reimbursement are to contain a breakdown of costs in sufficient detail to allow separation of reproduction, processing, and reprocessing costs from acquisition and other costs.
</P>
<P>(f) Each Federal Department or Agency shall provide the Director with any data which it has obtained pursuant to section 11 of the Act and any other information which may be necessary or useful to assist the Director in carrying out the provisions of the Act.


</P>
</DIV8>


<DIV8 N="§ 252.4" NODE="30:2.0.1.2.5.0.133.4" TYPE="SECTION">
<HEAD>§ 252.4   Summary Report to affected States.</HEAD>
<P>(a) The Director, as soon as practicable after analysis, interpretation, and compilation of oil and gas data and information developed by BSEE or furnished by lessees, permittees, or other government agencies, shall make available to affected States and, upon request, to the executive of any affected local government, a Summary Report of data and information designed to assist them in planning for the onshore impacts of potential OCS oil and gas development and production. The Director shall consult with affected States and other interested parties to define the nature, scope, content, and timing of the Summary Report. The Director may consult with affected States and other interested parties regarding subsequent revisions in the definition of the nature, scope, content, and timing of the Summary Report. The Summary Report shall not contain data or information which the Director determines is exempt from disclosure in accordance with this part. The Summary Report shall not contain data or information the release of which the Director determines would unduly damage the competitive position of the lessee or permittee who provided the data or information which the Director has processed, analyzed, or interpreted during the development of the Summary Report. The Summary Report shall include:
</P>
<P>(1) Estimates of oil and gas reserves; estimates of the oil and gas resources that may be found within areas which the Secretary has leased or plans to offer for lease; and when available, projected rates and volumes of oil and gas to be produced from leased areas;
</P>
<P>(2) Magnitude of the approximate projections and timing of development, if and when oil or gas, or both, is discovered;
</P>
<P>(3) Methods of transportation to be used, including vessels and pipelines and approximate location of routes to be followed; and
</P>
<P>(4) General location and nature of near-shore and onshore facilities expected to be utilized.
</P>
<P>(b) When the Director determines that significant changes have occurred in the information contained in a Summary Report, the Director shall prepare and make available the new or revised information to each affected State, and, upon request, to the executive of any affected local government.


</P>
</DIV8>


<DIV8 N="§ 252.5" NODE="30:2.0.1.2.5.0.133.5" TYPE="SECTION">
<HEAD>§ 252.5   Information to be made available to affected States.</HEAD>
<P>(a) The BOEM Director shall prepare an index of OCS information (see 30 CFR 556.10). The index shall list all relevant actual or proposed programs, plans, reports, environmental impact statements, nominations information, environmental study reports, lease sale information, and any similar type of relevant information, including modifications, comments, and revisions prepared or directly obtained by the Director under the Act. The index shall be sent to affected States and, upon request, to any affected local government. The public shall be informed of the availability of the index.
</P>
<P>(b) Upon request, the Director shall transmit to affected States, affected local governments, and the public a copy of any information listed in the index which is subject to the control of BOEM, in accordance with the requirements and subject to the limitations of the Freedom of Information Act (5 U.S.C.552) and implementing regulations. The Director shall not transmit or make available any information which he determines is exempt from disclosure in accordance with this part.


</P>
</DIV8>


<DIV8 N="§ 252.6" NODE="30:2.0.1.2.5.0.133.6" TYPE="SECTION">
<HEAD>§ 252.6   Freedom of Information Act requirements.</HEAD>
<P>(a) The Director shall make data and information available in accordance with the requirements and subject to the limitations of the Freedom of Information Act (5 U.S.C. 552), the regulations contained in 43 CFR part 2 (Records and Testimony), the requirements of the Act, and the regulations contained in 30 CFR parts 250 and 550 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf) and 30 CFR parts 251 and 551 (Geological and Geophysical Explorations of the Outer Continental Shelf).
</P>
<P>(b) Except as provided in § 252.7 or in 30 CFR parts 250, 251, 550, and 551, no data or information determined by the Director to be exempt from public disclosure under paragraph (a) of this section shall be provided to any affected State or be made available to the executive of any affected local government or to the public unless the lessee, or the permittee and all persons to whom such permittee has sold such data or information under promise of confidentiality, agree to such action.


</P>
</DIV8>


<DIV8 N="§ 252.7" NODE="30:2.0.1.2.5.0.133.7" TYPE="SECTION">
<HEAD>§ 252.7   Privileged and proprietary data and information to be made available to affected States.</HEAD>
<P>(a)(1) The Governor of any affected State may designate an appropriate State official to inspect, at a regional location which the Director shall designate, any privileged or proprietary data or information received by the Director regarding any activity in an area adjacent to such State, except that no such inspection shall take place prior to the sale of a lease covering the area in which such activity was conducted.
</P>
<P>(2)(i) Except as provided for in 30 CFR 250.197, 30 CFR 550.197, and 30 CFR 551.14, no privileged or proprietary data or information will be transmitted to any affected State unless the lessee who provided the privileged or proprietary data or information agrees in writing to the transmittal of the data or information.
</P>
<P>(ii) Except as provided for in 30 CFR 250.197, 30 CFR 550.197, and 30 CFR 551.14, no privileged or proprietary data or information will be transmitted to any affected State unless the permittee and all persons to whom the permittee has sold the data or information under promise of confidentiality agree in writing to the transmittal of the data or information.
</P>
<P>(3) Knowledge obtained by a State official who inspects data or information under paragraph (a)(1) or who receives data or information under paragraph (a)(2) of this section shall be subject to the requirements and limitations of the Freedom of Information Act (5 U.S.C. 552), the regulations contained in 43 CFR part 2 (Records and Testimony), the Act (92 Stat. 629), the regulations contained in 30 CFR parts 250 and 550 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf), the regulations contained in 30 CFR parts 251 and 551 (Geological and Geophysical Explorations of the Outer Continental Shelf), and the regulations contained in 30 CFR parts 252 and 552 (Outer Continental Shelf Oil and Gas Information Program).
</P>
<P>(4) Prior to the transmittal of any privileged or proprietary data or information to any State, or the grant of access to a State official to such data or information, the Secretary shall enter into a written agreement with the Governor of the State in accordance with section 26(e) of the Act (43 U.S.C. 1352). In that agreement the State shall agree, as a condition precedent to receiving or being granted access to such data or information to: (i) Protect and maintain the confidentiality of privileged or proprietary data and information in accordance with the laws and regulations listed in paragraph (a)(3) of this section;
</P>
<P>(ii) Waive the defenses as set forth in paragraph (b)(2) of this section; and
</P>
<P>(iii) Hold the United States harmless from any violations of the agreement to protect the confidentiality of privileged or proprietary data or information by the State or its employees or contractors.
</P>
<P>(b)(1) Whenever any employee of the Federal Government or of any State reveals in violation of the Act or of the provisions of the regulations implementing the Act, privileged or proprietary data or information obtained pursuant to the regulations in this chapter, the lessee or permittee who supplied such information to the Director or any other Federal official, and any person to whom such lessee or permittee has sold such data or information under the promise of confidentiality, may commence a civil action for damages in the appropriate district court of the United States against the Federal Government or such State, as the case may be. Any Federal or State employee who is found guilty of failure to comply with any of the requirements of this section shall be subject to the penalties described in section 24 of the Act (43 U.S.C. 1350).
</P>
<P>(2) In any action commenced against the Federal Government or a State pursuant to paragraph (b)(1) of this section, the Federal Government or such State, as the case may be, may not raise as a defense any claim of sovereign immunity, or any claim that the employee who revealed the privileged or proprietary data or information which is the basis of such suit was acting outside the scope of the person's employment in revealing such data or information.
</P>
<P>(c) If the Director finds that any State cannot or does not comply with the conditions described in the agreement entered into pursuant to paragraph (a)(4) of this section, the Director shall thereafter withhold transmittal and deny access for inspection of privileged or proprietary data or information to such State until the Director finds that such State can and will comply with those conditions.


</P>
</DIV8>

</DIV5>


<DIV5 N="253" NODE="30:2.0.1.2.6" TYPE="PART">
<HEAD>PART 253 [RESERVED]


</HEAD>
</DIV5>


<DIV5 N="254" NODE="30:2.0.1.2.7" TYPE="PART">
<HEAD>PART 254—OIL-SPILL RESPONSE REQUIREMENTS FOR FACILITIES LOCATED SEAWARD OF THE COAST LINE
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>33 U.S.C. 1321.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.1.2.7.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 254.1" NODE="30:2.0.1.2.7.1.133.1" TYPE="SECTION">
<HEAD>§ 254.1   Who must submit an oil spill response plan (OSRP)?</HEAD>
<P>(a) If you are the owner or operator of an oil handling, storage, or transportation facility, and it is located seaward of the coast line, you must submit an oil spill response plan (OSRP) to BSEE for approval. Your OSRP must demonstrate that you can respond quickly and effectively whenever oil is discharged from your facility. Refer to § 254.6 for the definitions of <I>oil, facility,</I> and <I>coast line</I> if you have any doubts about whether to submit a plan.
</P>
<P>(b) You must maintain a current OSRP for an abandoned facility until you physically remove or dismantle the facility or until the Chief, Oil Spill Preparedness Division (OSPD) notifies you in writing that a plan is no longer required.
</P>
<P>(c) Owners or operators of offshore pipelines carrying essentially dry gas do not need to submit a plan. You must, however, submit a plan for a pipeline that carries:
</P>
<P>(1) Oil;
</P>
<P>(2) Condensate that has been injected into the pipeline; or
</P>
<P>(3) Gas and naturally occurring condensate.
</P>
<P>(d) If you are in doubt as to whether you must submit a plan for an offshore facility or pipeline, you should check with the Chief, OSPD.
</P>
<P>(e) If your facility is located landward of the coast line, but you believe your facility is sufficiently similar to OCS facilities that it should be regulated by BSEE, you may contact the Chief, OSPD, offer to accept BSEE jurisdiction over your facility, and request that BSEE seek from the agency with jurisdiction over your facility a relinquishment of that jurisdiction.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36151, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.2" NODE="30:2.0.1.2.7.1.133.2" TYPE="SECTION">
<HEAD>§ 254.2   When must I submit an OSRP?</HEAD>
<P>(a) You must submit, and BSEE must approve, an OSRP that covers each facility located seaward of the coast line before you may use that facility. To continue operations, you must operate the facility in compliance with the OSRP.
</P>
<P>(b) Despite the provisions of paragraph (a) of this section, you may operate your facility after you submit your OSRP while BSEE reviews it for approval. To operate a facility without an approved OSRP, you must certify in writing to the Chief, OSPD that you have the capability to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge. The certification must show that you have ensured by contract, or other means approved by the Chief, OSPD, the availability of private personnel and equipment necessary to respond to the discharge. Verification from the organization(s) providing the personnel and equipment must accompany the certification. BSEE will not allow you to operate a facility for more than 2 years without an approved OSRP.
</P>
<CITA TYPE="N">[81 FR 36151, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.3" NODE="30:2.0.1.2.7.1.133.3" TYPE="SECTION">
<HEAD>§ 254.3   May I cover more than one facility in my OSRP?</HEAD>
<P>(a) Your OSRP may be for a single lease or facility or a group of leases or facilities. All the leases or facilities in your plan must have the same owner or operator (including affiliates) and must be located in the same BSEE Region (see definition of Regional OSRP in § 254.6).
</P>
<P>(b) Regional OSRPs must address all the elements required for an OSRP in subpart B, or subpart D of this part, as appropriate.
</P>
<P>(c) When developing a Regional OSRP, you may group leases or facilities subject to the approval of the Chief, OSPD, for the purposes of:
</P>
<P>(1) Calculating response times;
</P>
<P>(2) Determining quantities of response equipment;
</P>
<P>(3) Conducting oil-spill trajectory analyses;
</P>
<P>(4) Determining worst case discharge scenarios; and
</P>
<P>(5) Identifying areas of special economic and environmental importance that may be impacted and the strategies for their protection.
</P>
<P>(d) The Chief, OSPD, may specify how to address the elements of a Regional OSRP. The Chief, OSPD, also may require that Regional OSRPs contain additional information if necessary for compliance with appropriate laws and regulations.
</P>
<CITA TYPE="N">[81 FR 36151, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.4" NODE="30:2.0.1.2.7.1.133.4" TYPE="SECTION">
<HEAD>§ 254.4   May I reference other documents in my OSRP?</HEAD>
<P>You may reference information contained in other readily accessible documents in your OSRP. Examples of documents that you may reference are the National Contingency Plan (NCP), Area Contingency Plan (ACP), BSEE or BOEM environmental documents, and Oil Spill Removal Organization (OSRO) documents that are readily accessible to the Chief, OSPD. You must ensure that the Chief, OSPD, possesses or is provided with copies of all OSRO documents you reference. You should contact the Chief, OSPD, if you want to know whether a reference is acceptable.
</P>
<CITA TYPE="N">[81 FR 36152, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.5" NODE="30:2.0.1.2.7.1.133.5" TYPE="SECTION">
<HEAD>§ 254.5   General response plan requirements.</HEAD>
<P>(a) The OSRP must provide for response to an oil spill from the facility. You must immediately carry out the provisions of the OSRP whenever there is a release of oil from the facility. You must also carry out the training, equipment testing, and periodic drills described in the OSRP, and these measures must be sufficient to ensure the safety of the facility and to mitigate or prevent a discharge or a substantial threat of a discharge.
</P>
<P>(b) The OSRP must be consistent with the National Contingency Plan and the appropriate Area Contingency Plan(s).
</P>
<P>(c) Nothing in this part relieves you from taking all appropriate actions necessary to immediately abate the source of a spill and remove any spills of oil.
</P>
<P>(d) In addition to the requirements listed in this part, you must provide any other information the Chief, OSPD, requires for compliance with appropriate laws and regulations.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36152, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.6" NODE="30:2.0.1.2.7.1.133.6" TYPE="SECTION">
<HEAD>§ 254.6   Definitions.</HEAD>
<P>For the purposes of this part:
</P>
<P><I>Adverse weather conditions</I> means, for the purposes of this part, weather conditions found in the operating area that make it difficult for response equipment and personnel to clean up or remove spilled oil or hazardous substances. These conditions include, but are not limited to: fog, inhospitable water and air temperatures, wind, sea ice, extreme cold, freezing spray, snow, currents, sea states, and extended periods of low light. Adverse weather conditions do not refer to conditions under which it would be dangerous or impossible to respond to a spill, such as a hurricane.
</P>
<P><I>Arctic OCS</I> means the Beaufort Sea and Chukchi Sea Planning Areas (for more information on these areas, <I>see</I> the Proposed Final OCS Oil and Gas Leasing Program for 2012-2017 (June 2012) at <I>http://www.boem.gov/Oil-and-Gas-Energy-Program/Leasing/Five-Year-Program/2012-2017/Program-Area-Maps/index.aspx</I>).
</P>
<P><I>Area Contingency Plan</I> means an Area Contingency Plan prepared and published under section 311(j) of the Federal Water Pollution Control Act (FWPCA).
</P>
<P><I>Chief, OSPD</I> means the Chief, BSEE Oil Spill Preparedness Division or designee.
</P>
<P><I>Coast line</I> means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters.
</P>
<P><I>Discharge</I> means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
</P>
<P><I>District Manager</I> means the BSEE officer with authority and responsibility for a district within a BSEE Region.
</P>
<P><I>Facility</I> means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: Exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. The term excludes deep-water ports and their associated pipelines as defined by the Deepwater Port Act of 1974, but includes other pipelines used for one or more of these purposes. A mobile offshore drilling unit is classified as a facility when engaged in drilling or downhole operations.
</P>
<P><I>Ice intervention practices</I> mean the equipment, vessels, and procedures used to increase oil encounter rates and the effectiveness of spill response techniques and equipment when sea ice is present.
</P>
<P><I>Maximum extent practicable</I> means within the limitations of available technology, as well as the physical limitations of personnel, when responding to a worst case discharge in adverse weather conditions.
</P>
<P><I>National Contingency Plan</I> means the National Oil and Hazardous Substances Pollution Contingency Plan prepared and published under section 311(d) of the FWPCA, (33 U.S.C. 1321(d)) or revised under section 105 of the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. 9605).
</P>
<P><I>National Contingency Plan Product Schedule</I> means a schedule of dispersants and other chemical or biological products, maintained by the Environmental Protection Agency, that may be authorized for use on oil discharges in accordance with the procedures found at 40 CFR 300.910.
</P>
<P><I>Oil</I> means oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. This also includes hydrocarbons produced at the wellhead in liquid form (includes distillates or condensate associated with produced natural gas), and condensate that has been separated from a gas prior to injection into a pipeline. It does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under paragraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act. It also does not include animal fats and oils and greases and fish and marine mammal oils, within the meaning of paragraph (2) of section 61(a) of title 13, United States Code, and oils of vegetable origin, including oils from the seeds, nuts, and kernels referred to in paragraph (1)(A) of that section.
</P>
<P><I>Oil spill removal organization (OSRO)</I> means an entity contracted by an owner or operator to provide spill-response equipment and/or manpower in the event of an oil or hazardous substance spill.
</P>
<P><I>OSRP</I> means an Oil Spill Response Plan.
</P>
<P><I>Outer Continental Shelf</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Owner</I> or <I>operator</I> means, in the case of an offshore facility, any person owning or operating such offshore facility. In the case of any abandoned offshore facility, it means the person who owned such facility immediately prior to such abandonment.
</P>
<P><I>Pipeline</I> means pipe and any associated equipment, appurtenance, or building used or intended for use in the transportation of oil located seaward of the coast line, except those used for deep-water ports. Pipelines do not include vessels such as barges or shuttle tankers used to transport oil from facilities located seaward of the coast line.
</P>
<P><I>Qualified individual</I> means an English-speaking representative of an owner or operator, located in the United States, available on a 24-hour basis, with full authority to obligate funds, carry out removal actions, and communicate with the appropriate Federal officials and the persons providing personnel and equipment in removal operations.
</P>
<P><I>Regional Response Plan</I> means a spill-response plan required by this part which covers multiple facilities or leases of an owner or operator, including affiliates, which are located in the same BSEE Region.
</P>
<P><I>Regional Supervisor</I> means the BSEE official with responsibility and authority for operations or other designated program functions within a BSEE Region.
</P>
<P><I>Remove</I> means containment and cleanup of oil from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, public and private property, shorelines, and beaches.
</P>
<P><I>Spill</I> is synonymous with “discharge” for the purposes of this part.
</P>
<P><I>Spill management team</I> means the trained persons identified in an OSRP who staff the organizational structure to manage spill response.
</P>
<P><I>Spill-response coordinator</I> means a trained person charged with the responsibility and designated the commensurate authority for directing and coordinating response operations.
</P>
<P><I>Spill-response operating team</I> means the trained persons who respond to spills through deployment and operation of oil-spill response equipment.
</P>
<P><I>State waters located seaward of the coast line</I> means the belt of the seas measured from the coast line and extending seaward a distance of 3 miles (except the coast of Texas and the Gulf coast of Florida, where the State waters extend seaward a distance of 3 leagues).
</P>
<P><I>You</I> means the owner or the operator as defined in this section.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36152, June 6, 2016; 81 FR 46563, July 15, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.7" NODE="30:2.0.1.2.7.1.133.7" TYPE="SECTION">
<HEAD>§ 254.7   How do I submit my OSRP to the BSEE?</HEAD>
<P>You must submit the number of copies of your OSRP that the appropriate BSEE regional office requires. If you prefer to use improved information technology such as electronic filing to submit your plan, ask the Chief, OSPD, for further guidance.
</P>
<P>(a) Send OSRPs for facilities located seaward of the coast line of Alaska to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: Senior Analyst, 3801 Centerpoint Drive, Suite #500, Anchorage, AK 99503-5823.
</P>
<P>(b) Send OSRPs for facilities in the Gulf of America-or Atlantic Ocean to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: GOA Section Supervisor, 1201 Elmwood Park Boulevard, New Orleans, LA 70123-2394.


</P>
<P>(c) Send OSRPs for facilities in the Pacific Ocean (except seaward of the coast line of Alaska) to: Bureau of Safety and Environmental Enforcement, Oil Spill Preparedness Division, Attention: Senior Analyst, 760 Paseo Camarillo, Suite 201, Camarillo, CA 93010-6002.
</P>
<CITA TYPE="N">[81 FR 36152, June 6, 2016, as amended at 90 FR 44327, Sept. 15, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 254.8" NODE="30:2.0.1.2.7.1.133.8" TYPE="SECTION">
<HEAD>§ 254.8   May I appeal decisions under this part?</HEAD>
<P>See 30 CFR part 290 for instructions on how to appeal any order or decision that we issue under this part.


</P>
</DIV8>


<DIV8 N="§ 254.9" NODE="30:2.0.1.2.7.1.133.9" TYPE="SECTION">
<HEAD>§ 254.9   Authority for information collection.</HEAD>
<P>(a) The Office of Management and Budget (OMB) has approved the information collection requirements in this part under 44 U.S.C. 3501 <I>et seq.</I> OMB assigned the control number 1014-0007. The title of this information collection is “30 CFR part 254, Oil Spill Response Requirements for Facilities Located Seaward of the Coast line.”
</P>
<P>(b) BSEE collects this information to ensure that the owner or operator of an offshore facility is prepared to respond to an oil spill. BSEE uses the information to verify compliance with the mandates of the Oil Pollution Act of 1990 (OPA). The requirement to submit this information is mandatory. No confidential or proprietary information is collected.
</P>
<P>(c) An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36152, June 6, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.1.2.7.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil-Spill Response Plans for Outer Continental Shelf Facilities</HEAD>


<DIV8 N="§ 254.20" NODE="30:2.0.1.2.7.2.133.1" TYPE="SECTION">
<HEAD>§ 254.20   Purpose.</HEAD>
<P>This subpart describes the requirements for preparing OSRPs for facilities located on the OCS.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36152, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.21" NODE="30:2.0.1.2.7.2.133.2" TYPE="SECTION">
<HEAD>§ 254.21   How must I format my OSRP?</HEAD>
<P>(a) You must divide your OSRP for OCS facilities into the sections specified in paragraph (b) of this section and explained in the other sections of this subpart. The OSRP must have an easily found marker identifying each section. You may use an alternate format if you include a cross reference table to identify the location of required sections. You may use alternate contents if you can demonstrate to the Chief, OSPD that they provide for equal or greater levels of preparedness.
</P>
<P>(b) Your OSRP must include:
</P>
<P>(1) Introduction and OSRP contents.
</P>
<P>(2) Emergency response action plan.
</P>
<P>(3) Appendices:
</P>
<P>(i) Equipment inventory.
</P>
<P>(ii) Contractual agreements.
</P>
<P>(iii) Worst case discharge scenario.
</P>
<P>(iv) Dispersant use plan.
</P>
<P>(v) In situ burning plan.
</P>
<P>(vi) Training and drills.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36152, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.22" NODE="30:2.0.1.2.7.2.133.3" TYPE="SECTION">
<HEAD>§ 254.22   What information must I include in the “Introduction and OSRP contents” section?</HEAD>
<P>The “Introduction and OSRP contents” section must provide:
</P>
<P>(a) Identification of the facility the OSRP covers, including its location and type;
</P>
<P>(b) A table of contents;
</P>
<P>(c) A record of changes made to the OSRP; and
</P>
<P>(d) A cross-reference table, if needed, because you are using an alternate format for your OSRP.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36152, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.23" NODE="30:2.0.1.2.7.2.133.4" TYPE="SECTION">
<HEAD>§ 254.23   What information must I include in the “Emergency response action plan” section?</HEAD>
<P>The “Emergency response action plan” section is the core of the OSRP. Put information in easy-to-use formats such as flow charts or tables where appropriate. This section must include:
</P>
<P>(a) Designation, by name or position, of a trained qualified individual (QI) who has full authority to implement removal actions and ensure immediate notification of appropriate Federal officials and response personnel.
</P>
<P>(b) Designation, by name or position, of a trained spill management team available on a 24-hour basis. The team must include a trained spill-response coordinator and alternate(s) who have the responsibility and authority to direct and coordinate response operations on your behalf. You must describe the team's organizational structure as well as the responsibilities and authorities of each position on the spill management team.
</P>
<P>(c) Description of a spill-response operating team. Team members must be trained and available on a 24-hour basis to deploy and operate spill-response equipment. They must be able to respond within a reasonable minimum specified time. You must include the number and types of personnel available from each identified labor source.
</P>
<P>(d) A planned location for a spill-response operations center and provisions for primary and alternate communications systems available for use in coordinating and directing spill-response operations. You must provide telephone numbers for the response operations center. You also must provide any facsimile numbers and primary and secondary radio frequencies that will be used.
</P>
<P>(e) A listing of the types and characteristics of the oil handled, stored, or transported at the facility.
</P>
<P>(f) Procedures for the early detection of a spill.
</P>
<P>(g) Identification of procedures you will follow in the event of a spill or a substantial threat of a spill. The procedures should show appropriate response levels for differing spill sizes including those resulting from a fire or explosion. These will include, as appropriate:
</P>
<P>(1) Your procedures for spill notification. The plan must provide for the use of the oil spill reporting forms included in the Area Contingency Plan or an equivalent reporting form.
</P>
<P>(i) Your procedures must include a current list which identifies the following by name or position, corporate address, and telephone number (including facsimile number if applicable):
</P>
<P>(A) The qualified individual;
</P>
<P>(B) The spill-response coordinator and alternate(s); and
</P>
<P>(C) Other spill-response management team members.
</P>
<P>(ii) You must also provide names, telephone numbers, and addresses for the following:
</P>
<P>(A) OSRO's that the plan cites;
</P>
<P>(B) Federal, State, and local regulatory agencies that you must consult to obtain site specific environmental information; and
</P>
<P>(C) Federal, State, and local regulatory agencies that you must notify when an oil spill occurs.
</P>
<P>(2) Your methods to monitor and predict spill movement;
</P>
<P>(3) Your methods to identify and prioritize the beaches, waterfowl, other marine and shoreline resources, and areas of special economic and environmental importance;
</P>
<P>(4) Your methods to protect beaches, waterfowl, other marine and shoreline resources, and areas of special economic or environmental importance;
</P>
<P>(5) Your methods to ensure that containment and recovery equipment as well as the response personnel are mobilized and deployed at the spill site;
</P>
<P>(6) Your methods to ensure that devices for the storage of recovered oil are sufficient to allow containment and recovery operations to continue without interruption;
</P>
<P>(7) Your procedures to remove oil and oiled debris from shallow waters and along shorelines and rehabilitating waterfowl which become oiled;
</P>
<P>(8) Your procedures to store, transfer, and dispose of recovered oil and oil-contaminated materials and to ensure that all disposal is in accordance with Federal, State, and local requirements; and
</P>
<P>(9) Your methods to implement your dispersant use plan and your in situ burning plan.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36152, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.24" NODE="30:2.0.1.2.7.2.133.5" TYPE="SECTION">
<HEAD>§ 254.24   What information must I include in the “Equipment inventory” appendix?</HEAD>
<P>Your “Equipment inventory appendix” must include:
</P>
<P>(a) An inventory of spill-response materials and supplies, services, equipment, and response vessels available locally and regionally. You must identify each supplier and provide their locations and telephone numbers.
</P>
<P>(b) A description of the procedures for inspecting and maintaining spill-response equipment in accordance with § 254.43.


</P>
</DIV8>


<DIV8 N="§ 254.25" NODE="30:2.0.1.2.7.2.133.6" TYPE="SECTION">
<HEAD>§ 254.25   What information must I include in the “Contractual agreements” appendix?</HEAD>
<P>Your “Contractual agreements” appendix must furnish proof of any contracts or membership agreements with OSRO's, cooperatives, spill-response service providers, or spill management team members who are not your employees that you cite in the OSRP. To provide this proof, submit copies of the contracts or membership agreements or certify that contracts or membership agreements are in effect. The contract or membership agreement must include provisions for ensuring the availability of the personnel and/or equipment on a 24-hour-per-day basis.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36152, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.26" NODE="30:2.0.1.2.7.2.133.7" TYPE="SECTION">
<HEAD>§ 254.26   What information must I include in the “Worst case discharge scenario” appendix?</HEAD>
<P>The discussion of your worst case discharge scenario must include all of the following elements:
</P>
<P>(a) The volume of your worst case discharge scenario determined using the criteria in § 254.47. Provide any assumptions made and the supporting calculations used to determine this volume.
</P>
<P>(b) An appropriate trajectory analysis specific to the area in which the facility is located. The analysis must identify onshore and offshore areas that a discharge potentially could affect. The trajectory analysis chosen must reflect the maximum distance from the facility that oil could move in a time period that it reasonably could be expected to persist in the environment.
</P>
<P>(c) A list of the resources of special economic or environmental importance that potentially could be impacted in the areas identified by your trajectory analysis. You also must state the strategies that you will use for their protection. At a minimum, this list must include those resources of special economic and environmental importance, if any, specified in the appropriate Area Contingency Plan(s).
</P>
<P>(d) A discussion of your response to your worst case discharge scenario in adverse weather conditions. This discussion must include:
</P>
<P>(1) A description of the response equipment that you will use to contain and recover the discharge to the maximum extent practicable. This description must include the types, location(s) and owner, quantity, and capabilities of the equipment. You also must include the effective daily recovery capacities, where applicable. You must calculate the effective daily recovery capacities using the methods described in § 254.44. For operations at a drilling or production facility, your scenario must show how you will cope with the initial spill volume upon arrival at the scene and then support operations for a blowout lasting 30 days.
</P>
<P>(2) A description of the personnel, materials, and support vessels that would be necessary to ensure that the identified response equipment is deployed and operated promptly and effectively. Your description must include the location and owner of these resources as well as the quantities and types (if applicable);
</P>
<P>(3) A description of your oil storage, transfer, and disposal equipment. Your description must include the types, location and owner, quantity, and capacities of the equipment; and
</P>
<P>(4) An estimation of the individual times needed for:
</P>
<P>(i) Procurement of the identified containment, recovery, and storage equipment;
</P>
<P>(ii) Procurement of equipment transportation vessel(s);
</P>
<P>(iii) Procurement of personnel to load and operate the equipment;
</P>
<P>(iv) Equipment loadout (transfer of equipment to transportation vessel(s));
</P>
<P>(v) Travel to the deployment site (including any time required for travel from an equipment storage area); and
</P>
<P>(vi) Equipment deployment.
</P>
<P>(e) In preparing the discussion required by paragraph (d) of this section, you must:
</P>
<P>(1) Ensure that the response equipment, materials, support vessels, and strategies listed are suitable, within the limits of current technology, for the range of environmental conditions anticipated at your facility; and
</P>
<P>(2) Use standardized, defined terms to describe the range of environmental conditions anticipated and the capabilities of response equipment. Examples of acceptable terms include those defined in American Society for Testing of Materials (ASTM) publication F625-94, <I>Standard Practice for Describing Environmental Conditions Relevant to Spill Control Systems for Use on Water,</I> and ASTM F818-93, <I>Standard Definitions Relating to Spill Response Barriers.</I>


</P>
</DIV8>


<DIV8 N="§ 254.27" NODE="30:2.0.1.2.7.2.133.8" TYPE="SECTION">
<HEAD>§ 254.27   What information must I include in the “Dispersant use plan” appendix?</HEAD>
<P>Your dispersant use plan must be consistent with the National Contingency Plan Product Schedule and other provisions of the National Contingency Plan and the appropriate Area Contingency Plan(s). The plan must include:
</P>
<P>(a) An inventory and a location of the dispersants and other chemical or biological products which you might use on the oils handled, stored, or transported at the facility;
</P>
<P>(b) A summary of toxicity data for these products;
</P>
<P>(c) A description and a location of any application equipment required as well as an estimate of the time to commence application after approval is obtained;
</P>
<P>(d) A discussion of the application procedures;
</P>
<P>(e) A discussion of the conditions under which product use may be requested; and
</P>
<P>(f) An outline of the procedures you must follow in obtaining approval for product use.


</P>
</DIV8>


<DIV8 N="§ 254.28" NODE="30:2.0.1.2.7.2.133.9" TYPE="SECTION">
<HEAD>§ 254.28   What information must I include in the “In situ burning plan” appendix?</HEAD>
<P>Your in situ burning plan must be consistent with any guidelines authorized by the National Contingency Plan and the appropriate Area Contingency Plan(s). Your in situ burning plan must include:
</P>
<P>(a) A description of the in situ burn equipment including its availability, location, and owner;
</P>
<P>(b) A discussion of your in situ burning procedures, including provisions for ignition of an oil spill;
</P>
<P>(c) A discussion of environmental effects of an in situ burn;
</P>
<P>(d) Your guidelines for well control and safety of personnel and property;
</P>
<P>(e) A discussion of the circumstances in which in situ burning may be appropriate;
</P>
<P>(f) Your guidelines for making the decision to ignite; and
</P>
<P>(g) An outline of the procedures you must follow to obtain approval for an in situ burn.


</P>
</DIV8>


<DIV8 N="§ 254.29" NODE="30:2.0.1.2.7.2.133.10" TYPE="SECTION">
<HEAD>§ 254.29   What information must I include in the “Training and drills” appendix?</HEAD>
<P>Your “Training and drills” appendix must:
</P>
<P>(a) Identify and include the dates of the training provided to members of the spill-response management team and the qualified individual. The types of training given to the members of the spill-response operating team also must be described. The training requirements for your spill management team and your spill-response operating team are specified in § 254.41. You must designate a location where you keep course completion certificates or attendance records for this training.
</P>
<P>(b) Describe in detail your plans for satisfying the exercise requirements of § 254.42. You must designate a location where you keep the records of these exercises.


</P>
</DIV8>


<DIV8 N="§ 254.30" NODE="30:2.0.1.2.7.2.133.11" TYPE="SECTION">
<HEAD>§ 254.30   When must I revise my OSRP?</HEAD>
<P>(a) You must review your OSRP at least every 2 years and submit all resulting modifications to the Chief, OSPD. If this review does not result in modifications, you must inform the Chief, OSPD, in writing that there are no changes.
</P>
<P>(b) You must submit revisions to your OSRP for approval within 15 days whenever:
</P>
<P>(1) A change occurs which significantly reduces your response capabilities;
</P>
<P>(2) A significant change occurs in the worst case discharge scenario or in the type of oil being handled, stored, or transported at the facility;
</P>
<P>(3) There is a change in the name(s) or capabilities of the oil spill removal organizations cited in the OSRP; or
</P>
<P>(4) There is a significant change to the Area Contingency Plan(s).
</P>
<P>(c) The Chief, OSPD, may require that you resubmit your OSRP if the OSRP has become outdated or if numerous revisions have made its use difficult.
</P>
<P>(d) The Chief, OSPD, will periodically review the equipment inventories of OSRO's to ensure that sufficient spill removal equipment is available to meet the cumulative needs of the owners and operators who cite these organizations in their OSRPs.
</P>
<P>(e) The Chief, OSPD, may require you to revise your OSRP if significant inadequacies are indicated by:
</P>
<P>(1) Periodic reviews (described in paragraph (d) of this section);
</P>
<P>(2) Information obtained during drills or actual spill responses; or
</P>
<P>(3) Other relevant information the Chief, OSPD, obtained.
</P>
<CITA TYPE="N">[81 FR 36152, June 6, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.1.2.7.3" TYPE="SUBPART">
<HEAD>Subpart C—Related Requirements for Outer Continental Shelf Facilities</HEAD>


<DIV8 N="§ 254.40" NODE="30:2.0.1.2.7.3.133.1" TYPE="SECTION">
<HEAD>§ 254.40   Records.</HEAD>
<P>You must make all records of services, personnel, and equipment provided by OSRO's or cooperatives available to any authorized BSEE representative upon request.


</P>
</DIV8>


<DIV8 N="§ 254.41" NODE="30:2.0.1.2.7.3.133.2" TYPE="SECTION">
<HEAD>§ 254.41   Training your response personnel.</HEAD>
<P>(a) You must ensure that the members of your spill-response operating team who are responsible for operating response equipment attend hands-on training classes at least annually. This training must include the deployment and operation of the response equipment they will use. Those responsible for supervising the team must be trained annually in directing the deployment and use of the response equipment.
</P>
<P>(b) You must ensure that the spill-response management team, including the spill-response coordinator and alternates, receives annual training. This training must include instruction on:
</P>
<P>(1) Locations, intended use, deployment strategies, and the operational and logistical requirements of response equipment;
</P>
<P>(2) Spill reporting procedures;
</P>
<P>(3) Oil-spill trajectory analysis and predicting spill movement; and
</P>
<P>(4) Any other responsibilities the spill management team may have.
</P>
<P>(c) You must ensure that the qualified individual is sufficiently trained to perform his or her duties.
</P>
<P>(d) You must keep all training certificates and training attendance records at the location designated in your OSRP for at least 2 years. They must be made available to any authorized BSEE representative upon request.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.42" NODE="30:2.0.1.2.7.3.133.3" TYPE="SECTION">
<HEAD>§ 254.42   Exercises for your response personnel and equipment.</HEAD>
<P>(a) You must exercise your entire OSRP at least once every 3 years (triennial exercise). You may satisfy this requirement by conducting separate exercises for individual parts of the OSRP over the 3-year period; you do not have to exercise your entire OSRP at one time.
</P>
<P>(b) In satisfying the triennial exercise requirement, you must, at a minimum, conduct:
</P>
<P>(1) An annual spill management team tabletop exercise. The exercise must test the spill management team's organization, communication, and decision making in managing a response. You must not reveal the spill scenario to team members before the exercise starts.
</P>
<P>(2) An annual deployment exercise of response equipment identified in your OSRP that is staged at onshore locations. You must deploy and operate each type of equipment in each triennial period. However, it is not necessary to deploy and operate each individual piece of equipment.
</P>
<P>(3) An annual notification exercise for each facility that is manned on a 24- hour basis. The exercise must test the ability of facility personnel to communicate pertinent information in a timely manner to the qualified individual.
</P>
<P>(4) A semiannual deployment exercise of any response equipment which the BSEE Regional Supervisor requires an owner or operator to maintain at the facility or on dedicated vessels. You must deploy and operate each type of this equipment at least once each year. Each type need not be deployed and operated at each exercise.
</P>
<P>(c) During your exercises, you must simulate conditions in the area of operations, including seasonal weather variations, to the extent practicable. The exercises must cover a range of scenarios over the 3-year exercise period, simulating responses to large continuous spills, spills of short duration and limited volume, and your worst case discharge scenario.
</P>
<P>(d) BSEE will recognize and give credit for any documented exercise conducted that satisfies some part of the required triennial exercise. You will receive this credit whether the owner or operator, an OSRO, or a Government regulatory agency initiates the exercise. BSEE will give you credit for an actual spill response if you evaluate the response and generate a proper record. Exercise documentation should include the following information:
</P>
<P>(1) Type of exercise;
</P>
<P>(2) Date and time of the exercise;
</P>
<P>(3) Description of the exercise;
</P>
<P>(4) Objectives met; and
</P>
<P>(5) Lessons learned.
</P>
<P>(e) All records of spill-response exercises must be maintained for the complete 3-year exercise cycle. Records should be maintained at the facility or at a corporate location designated in the OSRP. Records showing that OSROs and oil spill removal cooperatives have deployed each type of equipment also must be maintained for the 3-year cycle.
</P>
<P>(f) You must inform the Chief, OSPD of the date of any exercise required by paragraph (b)(1), (2), or (4) of this section at least 30 days before the exercise. This will allow BSEE personnel the opportunity to witness any exercises.
</P>
<P>(g) The Regional Supervisor periodically will initiate unannounced drills to test the spill response preparedness of owners and operators.
</P>
<P>(h) The Chief, OSPD may require changes in the frequency or location of the required exercises, equipment to be deployed and operated, or deployment procedures or strategies. The Chief, OSPD may evaluate the results of the exercises and advise the owner or operator of any needed changes in response equipment, procedures, or strategies.
</P>
<P>(i) Compliance with the National Preparedness for Response Exercise Program (PREP) Guidelines will satisfy the exercise requirements of this section. Copies of the PREP document may be obtained from the Chief, OSPD.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.43" NODE="30:2.0.1.2.7.3.133.4" TYPE="SECTION">
<HEAD>§ 254.43   Maintenance and periodic inspection of response equipment.</HEAD>
<P>(a) You must ensure that the response equipment listed in your OSRP is inspected at least monthly and is maintained, as necessary, to ensure optimal performance.
</P>
<P>(b) You must ensure that records of the inspections and the maintenance activities are kept for at least 2 years and are made available to any authorized BSEE representative upon request.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.44" NODE="30:2.0.1.2.7.3.133.5" TYPE="SECTION">
<HEAD>§ 254.44   Calculating response equipment effective daily recovery capacities.</HEAD>
<P>(a) You are required by § 254.26(d)(1) to calculate the effective daily recovery capacity of the response equipment identified in your OSRP that you would use to contain and recover your worst case discharge. You must calculate the effective daily recovery capacity of the equipment by multiplying the manufacturer's rated throughput capacity over a 24-hour period by 20 percent. This 20 percent efficiency factor takes into account the limitations of the recovery operations due to available daylight, sea state, temperature, viscosity, and emulsification of the oil being recovered. You must use this calculated rate to determine if you have sufficient recovery capacity to respond to your worst case discharge scenario.
</P>
<P>(b) If you want to use a different efficiency factor for specific oil recovery devices, you must submit evidence to substantiate that efficiency factor. Adequate evidence includes verified performance data measured during actual spills or test data gathered according to the provisions of § 254.45(b) and (c).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.45" NODE="30:2.0.1.2.7.3.133.6" TYPE="SECTION">
<HEAD>§ 254.45   Verifying the capabilities of your response equipment.</HEAD>
<P>(a) The Regional Supervisor may require performance testing of any spill-response equipment listed in your OSRP to verify its capabilities if the equipment:
</P>
<P>(1) Has been modified;
</P>
<P>(2) Has been damaged and repaired; or
</P>
<P>(3) Has a claimed effective daily recovery capacity that is inconsistent with data otherwise available to BSEE.
</P>
<P>(b) You must conduct any required performance testing of booms in accordance with BSEE-approved test criteria. You may use the document “Test Protocol for the Evaluation of Oil-Spill Containment Booms,” available from BSEE, for guidance. Performance testing of skimmers also must be conducted in accordance with BSEE approved test criteria. You may use the document “Suggested Test Protocol for the Evaluation of Oil Spill Skimmers for the OCS,” available from BSEE, for guidance.
</P>
<P>(c) You are responsible for any required testing of equipment performance and for the accuracy of the information submitted.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.46" NODE="30:2.0.1.2.7.3.133.7" TYPE="SECTION">
<HEAD>§ 254.46   Whom do I notify if an oil spill occurs?</HEAD>
<P>(a) You must immediately notify the National Response Center (1-800-424-8802) if you observe:
</P>
<P>(1) An oil spill from your facility;
</P>
<P>(2) An oil spill from another offshore facility; or
</P>
<P>(3) An offshore spill of unknown origin.
</P>
<P>(b) In the event of a spill of 1 barrel or more from your facility, you must orally notify the Regional Supervisor without delay. You also must report spills from your facility of unknown size but thought to be 1 barrel or more.
</P>
<P>(1) If a spill from your facility not originally reported to the Regional Supervisor is subsequently found to be 1 barrel or more, you must then report it without delay.
</P>
<P>(2) You must file a written follow up report for any spill from your facility of 1 barrel or more. The Chief, OSPD must receive this confirmation within 15 days after the spillage has been stopped. All reports must include the cause, location, volume, and remedial action taken. Reports of spills of more than 50 barrels must include information on the sea state, meteorological conditions, and the size and appearance of the slick. The Regional Supervisor may require additional information if it is determined that an analysis of the response is necessary.
</P>
<P>(c) If you observe a spill resulting from operations at another offshore facility, you must immediately notify the responsible party and the Regional Supervisor.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.47" NODE="30:2.0.1.2.7.3.133.8" TYPE="SECTION">
<HEAD>§ 254.47   Determining the volume of oil of your worst case discharge scenario.</HEAD>
<P>You must calculate the volume of oil of your worst case discharge scenario as follows:
</P>
<P>(a) For an oil production platform facility, the size of your worst case discharge scenario is the sum of the following:
</P>
<P>(1) The maximum capacity of all oil storage tanks and flow lines on the facility. Flow line volume may be estimated; and
</P>
<P>(2) The volume of oil calculated to leak from a break in any pipelines connected to the facility considering shutdown time, the effect of hydrostatic pressure, gravity, frictional wall forces and other factors; and
</P>
<P>(3) The daily production volume from an uncontrolled blowout of the highest capacity well associated with the facility. In determining the daily discharge rate, you must consider reservoir characteristics, casing/production tubing sizes, and historical production and reservoir pressure data. Your scenario must discuss how to respond to this well flowing for 30 days as required by § 254.26(d)(1).
</P>
<P>(b) For exploratory or development drilling operations, the size of your worst case discharge scenario is the daily volume possible from an uncontrolled blowout. In determining the daily discharge rate, you must consider any known reservoir characteristics. If reservoir characteristics are unknown, you must consider the characteristics of any analog reservoirs from the area and give an explanation for the selection of the reservoir(s) used. Your scenario must discuss how to respond to this well flowing for 30 days as required by § 254.26(d)(1).
</P>
<P>(c) For a pipeline facility, the size of your worst case discharge scenario is the volume possible from a pipeline break. You must calculate this volume as follows:
</P>
<P>(1) Add the pipeline system leak detection time to the shutdown response time.
</P>
<P>(2) Multiply the time calculated in paragraph (c)(1) of this section by the highest measured oil flow rate over the preceding 12-month period. For new pipelines, you should use the predicted oil flow rate in the calculation.
</P>
<P>(3) Add to the volume calculated in paragraph (c)(2) of this section the total volume of oil that would leak from the pipeline after it is shut in. Calculate this volume by taking into account the effects of hydrostatic pressure, gravity, frictional wall forces, length of pipeline segment, tie-ins with other pipelines, and other factors.
</P>
<P>(d) If your facility which stores, handles, transfers, processes, or transports oil does not fall into the categories listed in paragraph (a), (b), or (c) of this section, contact the Chief, OSPD for instructions on the calculation of the volume of your worst case discharge scenario.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.1.2.7.4" TYPE="SUBPART">
<HEAD>Subpart D—Oil-Spill Response Requirements for Facilities Located in State Waters Seaward of the Coast Line</HEAD>


<DIV8 N="§ 254.50" NODE="30:2.0.1.2.7.4.133.1" TYPE="SECTION">
<HEAD>§ 254.50   Spill response plans for facilities located in State waters seaward of the coast line.</HEAD>
<P>Owners or operators of facilities located in State waters seaward of the coast line must submit a spill-response plan to BSEE for approval. You may choose one of three methods to comply with this requirement. The three methods are described in §§ 254.51, 254.52, and 254.53.


</P>
</DIV8>


<DIV8 N="§ 254.51" NODE="30:2.0.1.2.7.4.133.2" TYPE="SECTION">
<HEAD>§ 254.51   Modifying an existing OCS OSRP.</HEAD>
<P>You may modify an existing response plan covering a lease or facility on the OCS to include a lease or facility in State waters located seaward of the coast line. Since this OSRP would cover more than one lease or facility, it would be considered a Regional Response Plan. You should refer to § 254.3 and contact the appropriate regional BSEE office if you have any questions on how to prepare this Regional Response Plan.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.52" NODE="30:2.0.1.2.7.4.133.3" TYPE="SECTION">
<HEAD>§ 254.52   Following the format for an OCS OSRP.</HEAD>
<P>You may develop a response OSRP following the requirements for plans for OCS facilities found in subpart B of this part.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.53" NODE="30:2.0.1.2.7.4.133.4" TYPE="SECTION">
<HEAD>§ 254.53   Submitting an OSRP developed under State requirements.</HEAD>
<P>(a) You may submit a response plan to BSEE for approval that you developed in accordance with the laws or regulations of the appropriate State. The OSRP must contain all the elements the State and OPA require and must:
</P>
<P>(1) Be consistent with the requirements of the National Contingency Plan and appropriate Area Contingency Plan(s).
</P>
<P>(2) Identify a qualified individual and require immediate communication between that person and appropriate Federal officials and response personnel if there is a spill.
</P>
<P>(3) Identify any private personnel and equipment necessary to remove, to the maximum extent practicable, a worst case discharge as defined in § 254.47. The plan must provide proof of contractual services or other evidence of a contractual agreement with any OSRO's or spill management team members who are not employees of the owner or operator.
</P>
<P>(4) Describe the training, equipment testing, periodic unannounced drills, and response actions of personnel at the facility. These must ensure both the safety of the facility and the mitigation or prevention of a discharge or the substantial threat of a discharge.
</P>
<P>(5) Describe the procedures you will use to periodically update and resubmit the plan for approval of each significant change.
</P>
<P>(b) Your plan developed under State requirements also must include the following information:
</P>
<P>(1) A list of the facilities and leases the plan covers and a map showing their location;
</P>
<P>(2) A list of the types of oil handled, stored, or transported at the facility;
</P>
<P>(3) Name and address of the State agency to whom the plan was submitted;
</P>
<P>(4) Date you submitted the plan to the State;
</P>
<P>(5) If the plan received formal approval, the name of the approving organization, the date of approval, and a copy of the State agency's approval letter if one was issued; and
</P>
<P>(6) Identification of any regulations or standards used in preparing the plan.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.54" NODE="30:2.0.1.2.7.4.133.5" TYPE="SECTION">
<HEAD>§ 254.54   Spill prevention for facilities located in State waters seaward of the coast line.</HEAD>
<P>In addition to your OSRP, you must submit to the Chief, OSPD, a description of the steps you are taking to prevent spills of oil or mitigate a substantial threat of such a discharge. You must identify all State or Federal safety or pollution prevention requirements that apply to the prevention of oil spills from your facility, and demonstrate your compliance with these requirements. You also should include a description of industry safety and pollution prevention standards your facility meets. The Chief, OSPD may prescribe additional equipment or procedures for spill prevention if it is determined that your efforts to prevent spills do not reflect good industry practices.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 254.55" NODE="30:2.0.1.2.7.4.133.6" TYPE="SECTION">
<HEAD>§ 254.55   Spill response plans for facilities located in Alaska State waters seaward of the coast line in the Chukchi and Beaufort Seas.</HEAD>
<P>Response plans for facilities conducting exploratory drilling operations from a MODU seaward of the coast line in Alaska State waters in the Chukchi and Beaufort Seas must follow the requirements contained within subpart E of this part, in addition to the other requirements of this subpart. Such response plans must address how the source control procedures selected to comply with State law will be integrated into the planning, training, and exercise requirements of §§ 254.70(a), 254.90(a), and 254.90(c), in the event that the proposed operations do not incorporate the capping stack, cap and flow system, containment dome, and/or other similar subsea and surface devices and equipment and vessels referenced in those sections.
</P>
<CITA TYPE="N">[81 FR 46563, July 15, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:2.0.1.2.7.5" TYPE="SUBPART">
<HEAD>Subpart E—Oil-Spill Response Requirements for Facilities Located on the Arctic OCS</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>81 FR 46564, July 15, 2016, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 254.65" NODE="30:2.0.1.2.7.5.133.1" TYPE="SECTION">
<HEAD>§ 254.65   Purpose.</HEAD>
<P>This subpart describes the additional requirements for preparing OSRPs and maintaining oil spill preparedness for facilities conducting exploratory drilling operations from a mobile offshore drilling unit (MODU) on the Arctic OCS.


</P>
</DIV8>


<DIV8 N="§§ 254.66-254.69" NODE="30:2.0.1.2.7.5.133.2" TYPE="SECTION">
<HEAD>§§ 254.66-254.69   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 254.70" NODE="30:2.0.1.2.7.5.133.3" TYPE="SECTION">
<HEAD>§ 254.70   What are the additional requirements for facilities conducting exploratory drilling from a MODU on the Arctic OCS?</HEAD>
<P>In addition to meeting the applicable requirements of this part, your OSRP must:
</P>
<P>(a) Describe how the relevant personnel, equipment, materials, and support vessels associated with the capping stack, cap and flow system, containment dome, and other similar subsea and surface devices and equipment and vessels will be integrated into oil spill response incident action planning;
</P>
<P>(b) Describe how you will address human factors, such as cold stress and cold related conditions, associated with oil spill response activities in adverse weather conditions and their impacts on decision-making and health and safety; and
</P>
<P>(c) Undergo plan-holder review prior to handling, storing, or transporting oil in connection with seasonal exploratory drilling activities, and all resulting modifications must be submitted to the Regional Supervisor. If this review does not result in modifications, you must inform the Regional Supervisor in writing that there are no changes. The requirements of this paragraph (c) are in lieu of the requirements in § 254.30(a).


</P>
</DIV8>


<DIV8 N="§§ 254.71-254.79" NODE="30:2.0.1.2.7.5.133.4" TYPE="SECTION">
<HEAD>§§ 254.71-254.79   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 254.80" NODE="30:2.0.1.2.7.5.133.5" TYPE="SECTION">
<HEAD>§ 254.80   What additional information must I include in the “Emergency response action plan” section for facilities conducting exploratory drilling from a MODU on the Arctic OCS?</HEAD>
<P>In addition to the requirements in § 254.23, you must include the following information in the emergency response action plan section of your OSRP:
</P>
<P>(a) A description of your ice intervention practices and how they will improve the effectiveness of the oil spill response options and strategies that are listed in your OSRP in the presence of sea ice. When developing the ice intervention practices for your OSRP, you must consider, at a minimum, the use of specialized tactics, modified response equipment, ice management assist vessels, and technologies for the identification, tracking, containment and removal of oil in ice.
</P>
<P>(b) On areas of the Arctic OCS where a planned shore-based response would not satisfy § 254.1(a):
</P>
<P>(1) A list of all resources required to ensure an effective offshore-based response capable of operating in adverse weather conditions. This list must include a description of how you will ensure the shortest possible transit times, including but not limited to establishing an offshore resource management capability (e.g., sea-based staging, maintenance, and berthing logistics); and
</P>
<P>(2) A list and description of logistics resupply chains, including waste management, that effectively factor in the remote and limited infrastructure that exists in the Arctic and ensure you can adequately sustain all oil spill response activities for the duration of the response. The components of the logistics supply chain include, but are not limited to:
</P>
<P>(i) Personnel and equipment transport services;
</P>
<P>(ii) Airfields and types of aircraft that can be supported;
</P>
<P>(iii) Capabilities to mobilize supplies (e.g., response equipment, fuel, food, fresh water) and personnel to the response sites;
</P>
<P>(iv) Onshore staging areas, storage areas that may be used en-route to staging areas, and camp facilities to support response personnel conducting offshore, nearshore and shoreline response; and
</P>
<P>(v) Management of recovered fluid and contaminated debris and response materials (e.g., oiled sorbents), as well as waste streams generated at offshore and on-shore support facilities (e.g., sewage, food, and medical).
</P>
<P>(c) A description of the system you will use to maintain real-time location tracking for all response resources while operating, transiting, or staging/maintaining such resources during a spill response.


</P>
</DIV8>


<DIV8 N="§§ 254.81-254.89" NODE="30:2.0.1.2.7.5.133.6" TYPE="SECTION">
<HEAD>§§ 254.81-254.89   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 254.90" NODE="30:2.0.1.2.7.5.133.7" TYPE="SECTION">
<HEAD>§ 254.90   What are the additional requirements for exercises of your response personnel and equipment for facilities conducting exploratory drilling from a MODU on the Arctic OCS?</HEAD>
<P>In addition to the requirements in § 254.42, the following requirements apply to exercises for your response personnel and equipment for facilities conducting exploratory drilling from a MODU on the Arctic OCS:
</P>
<P>(a) You must incorporate the personnel, materials, and equipment identified in § 254.70(a), the safe working practices identified in § 254.70(b), the ice intervention practices described in § 254.80(a), the offshore-based response requirements in § 254.80(b), and the resource tracking requirements in § 254.80(c) into your spill-response training and exercise activities.
</P>
<P>(b) For each season in which you plan to conduct exploratory drilling operations from a MODU on the Arctic OCS, you must notify the Regional Supervisor 60 days prior to handling, storing, or transporting oil.
</P>
<P>(c) After the Regional Supervisor receives notice pursuant to § 254.90(b), the Regional Supervisor may direct you to deploy and operate your spill response equipment and/or your capping stack, cap and flow system, and containment dome, and other similar subsea and surface devices and equipment and vessels, as part of announced or unannounced exercises or compliance inspections. For the purposes of this section, spill response equipment does not include the use of blowout preventers, diverters, heavy weight mud to kill the well, relief wells, or other similar conventional well control options.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="256" NODE="30:2.0.1.2.8" TYPE="PART">
<HEAD>PART 256—LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>31 U.S.C. 9701, 42 U.S.C. 6213, 43 U.S.C. 1334, Pub. L. 109-432.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.1.2.8.1" TYPE="SUBPART">
<HEAD>Subpart A—Outer Continental Shelf Oil, Gas, and Sulphur Management, General</HEAD>


<DIV8 N="§ 256.1" NODE="30:2.0.1.2.8.1.133.1" TYPE="SECTION">
<HEAD>§ 256.1   Purpose.</HEAD>
<P>The purpose of the regulations in 30 CFR part 256 is to establish the procedures under which the Secretary of the Interior (Secretary) will exercise the authority to administer a leasing program for oil, gas and sulphur. The procedures under which the Secretary will exercise the authority to administer a program to grant rights-of-way, are addressed in part 250, subpart J.


</P>
</DIV8>


<DIV8 N="§ 256.7" NODE="30:2.0.1.2.8.1.133.2" TYPE="SECTION">
<HEAD>§ 256.7   Cross references.</HEAD>
<P>(a) For Bureau of Safety and Environmental Enforcement (BSEE) regulations governing exploration, development and production on leases, see 30 CFR parts 250 and 270.
</P>
<P>(b) For BSEE regulations governing the appeal of an order or decision issued under the regulations in this part, see 30 CFR part 290.
</P>
<P>(c) For multiple use conflicts, see the Environmental Protection Agency listing of ocean dumping sites—40 CFR part 228.
</P>
<P>(d) For related National Oceanic and Atmospheric Administration programs see:
</P>
<P>(1) Marine sanctuary regulations, 15 CFR part 922;
</P>
<P>(2) Fishermen's Contingency Fund, 50 CFR part 296;
</P>
<P>(3) Coastal Energy Impact Program, 15 CFR part 931;
</P>
<P>(e) For Coast Guard regulations on the oil spill liability of vessels and operators, see 33 CFR parts 132, 135, and 136.
</P>
<P>(f) For Coast Guard regulations on port access routes, see 33 CFR part 164.
</P>
<P>(g) For compliance with the National Environmental Policy Act, see 40 CFR parts 1500 through 1508.
</P>
<P>(h) For Department of Transportation regulations on offshore pipeline facilities, see 49 CFR part 195.
</P>
<P>(i) For Department of Defense regulations on military activities on offshore areas, see 32 CFR part 252.
</P>
<P>(j) For Bureau of Ocean Energy Management (BOEM) regulations, see 30 CFR chapter V.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.1.2.8.2" TYPE="SUBPART">
<HEAD>Subpart B—Assignments, Transfers, and Extensions</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, Redesignated at 81 FR 36153, June 6, 2016.


</PSPACE></SOURCE>

<DIV8 N="§ 256.70" NODE="30:2.0.1.2.8.2.133.1" TYPE="SECTION">
<HEAD>§ 256.70   Extension of lease by drilling or well reworking operations.</HEAD>
<P>The term of a lease shall be extended beyond the primary term so long as drilling or well reworking operations are approved by the Secretary according to the conditions set forth in 30 CFR 250.180.


</P>
</DIV8>


<DIV8 N="§ 256.71" NODE="30:2.0.1.2.8.2.133.2" TYPE="SECTION">
<HEAD>§ 256.71   Directional drilling.</HEAD>
<P>In accordance with a BOEM-approved exploration plan or development and production plan, a lease may be maintained in force by directional wells drilled under the leased area from surface locations on adjacent or adjoining land not covered by the lease. In such circumstances, drilling shall be considered to have commenced on the leased area when drilling is commenced on the adjacent or adjoining land for the purpose of directional drilling under the leased area through any directional well surfaced on adjacent or adjoining land. Production, drilling or reworking of any such directional well shall be considered production or drilling or reworking operations on the leased area for all purposes of the lease.


</P>
</DIV8>


<DIV8 N="§ 256.72" NODE="30:2.0.1.2.8.2.133.3" TYPE="SECTION">
<HEAD>§ 256.72   Compensatory payments as production.</HEAD>
<P>If an oil and gas lessee makes compensatory payments and if the lease is not being maintained in force by other production of oil or gas in paying quantities or by other approved drilling or reworking operations, such payments shall be considered as the equivalent of production in paying quantities for all purposes of the lease.


</P>
</DIV8>


<DIV8 N="§ 256.73" NODE="30:2.0.1.2.8.2.133.4" TYPE="SECTION">
<HEAD>§ 256.73   Effect of suspensions on lease term.</HEAD>
<P>(a) A suspension may extend the term of a lease (see 30 CFR 250.171) with the extension being the length of time the suspension is in effect except as provided in paragraph (b) of this section.
</P>
<P>(b) A Directed Suspension does not extend the lease term when the Regional Supervisor directs a suspension because of:
</P>
<P>(1) Gross negligence; or
</P>
<P>(2) A willful violation of a provision of the lease or governing regulations.
</P>
<P>(c) BSEE may issue suspensions for a period of up to 5 years per suspension. The Regional Supervisor will set the length of the suspension based on the conditions of the individual case involved. BSEE may grant consecutive suspensions. For more information on suspension of operations or production refer to the section under the heading “Suspensions” in 30 CFR part 250, subpart A.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.1.2.8.3" TYPE="SUBPART">
<HEAD>Subpart C—Termination of Leases</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, Redesignated at 81 FR 36153, June 6, 2016.


</PSPACE></SOURCE>

<DIV8 N="§ 256.77" NODE="30:2.0.1.2.8.3.133.1" TYPE="SECTION">
<HEAD>§ 256.77   Cancellation of leases.</HEAD>
<P>(a) Any nonproducing lease issued under the act may be cancelled by the authorized officer whenever the lessee fails to comply with any provision of the act or lease or applicable regulations, if such failure to comply continues for 30 days after mailing of notice by registered or certified letter to the lease owner at the owner's record post office address. Any such cancellation is subject to judicial review as provided in section 23(b) of the Act.
</P>
<P>(b) Producing leases issued under the Act may be cancelled by the Secretary whenever the lessee fails to comply with any provision of the Act, applicable regulations or the lease only after judicial proceedings as prescribed by section 5(d) of the Act.
</P>
<P>(c) Any lease issued under the Act, whether producing or not, shall be canceled by the authorized officer upon proof that it was obtained by fraud or misrepresentation, and after notice and opportunity to be heard has been afforded to the lessee.
</P>
<P>(d) Pursuant to section 5(a) of the Act, the Secretary may cancel a lease when:
</P>
<P>(1) Continued activity pursuant to such lease would probably cause serious harm or damage to life, property, any mineral, National security or defense, or to the marine, coastal or human environment;
</P>
<P>(2) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and
</P>
<P>(3) The advantages of cancellation outweigh the advantages of continuing such lease or permit in force. Procedures and conditions contained in § 550.182 shall apply as appropriate.


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.1.2.8.4" TYPE="SUBPART">
<HEAD>Subpart D—Section 6 Leases</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, Redesignated at 81 FR 36153, June 6, 2016.


</PSPACE></SOURCE>

<DIV8 N="§ 256.79" NODE="30:2.0.1.2.8.4.133.1" TYPE="SECTION">
<HEAD>§ 256.79   Effect of regulations on lease.</HEAD>
<P>(a) All regulations in this part, insofar as they are applicable, shall supersede the provisions of any lease which is maintained under section 6(a) of the Act. However, the provisions of a lease relating to area, minerals, rentals, royalties (subject to sections 6(a) (8) and (9) of the Act), and term (subject to section 6(a)(10) of the Act and, as to sulfur, subject to section 6(b)(2) of the Act) shall continue in effect, and, in the event of any conflict or inconsistency, shall take precedence over these regulations.
</P>
<P>(b) A lease maintained under section 6(a) of the Act shall also be subject to all operating and conservation regulations applicable to the OCS. In addition, the regulations relating to geophysical and geological exploratory operations and to pipeline rights-of-way are applicable, to the extent that those regulations are not contrary to or inconsistent with the lease provisions relating to area, the minerals, rentals, royalties and term. The lessee shall comply with any provision of the lease as validated, the subject matter of which is not covered in the regulations in this part.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="259-260" NODE="30:2.0.1.2.9" TYPE="PART">
<HEAD>PARTS 259-260 [RESERVED]


</HEAD>
</DIV5>


<DIV5 N="270" NODE="30:2.0.1.2.10" TYPE="PART">
<HEAD>PART 270—NONDISCRIMINATION IN THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>43 U.S.C. 1863.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 270.1" NODE="30:2.0.1.2.10.0.133.1" TYPE="SECTION">
<HEAD>§ 270.1   Purpose.</HEAD>
<P>The purpose of this part is to implement the provisions of section 604 of the OCSLA of 1978 which provides that “no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiving or participating in any activity, sale, or employment, conducted pursuant to the provisions of * * * the Outer Continental Shelf Lands Act.”


</P>
</DIV8>


<DIV8 N="§ 270.2" NODE="30:2.0.1.2.10.0.133.2" TYPE="SECTION">
<HEAD>§ 270.2   Application of this part.</HEAD>
<P>This part applies to any contract or subcontract entered into by a lessee or by a contractor or subcontractor of a lessee after the effective date of these regulations to provide goods, services, facilities, or property in an amount of $10,000 or more in connection with any activity related to the exploration for or development and production of oil, gas, or other minerals or materials in the OCS under the Act.


</P>
</DIV8>


<DIV8 N="§ 270.3" NODE="30:2.0.1.2.10.0.133.3" TYPE="SECTION">
<HEAD>§ 270.3   Definitions.</HEAD>
<P>As used in this part, the following terms shall have the following meanings:
</P>
<P><I>Contract</I> means any business agreement or arrangement (in which the parties do not stand in the relationship of employer and employee) between a lessee and any person which creates an obligation to provide goods, services, facilities, or property.
</P>
<P><I>Lessee</I> means the party authorized by a lease, grant of right-of-way, or an approved assignment thereof to explore, develop, produce, or transport oil, gas, or other minerals or materials in the OCS pursuant to the Act and this part.
</P>
<P><I>Person</I> means a person or company, including but not limited to, a corporation, partnership, association, joint stock venture, trust, mutual fund, or any receiver, trustee in bankruptcy, or other official acting in a similar capacity for such company.
</P>
<P><I>Subcontract</I> means any business agreement or arrangement (in which the parties do not stand in the relationship of employer and employee) between a lessee's contractor and any person other than a lessee that is in any way related to the performance of any one or more contracts.


</P>
</DIV8>


<DIV8 N="§ 270.4" NODE="30:2.0.1.2.10.0.133.4" TYPE="SECTION">
<HEAD>§ 270.4   Discrimination prohibited.</HEAD>
<P>No contract or subcontract to which this part applies shall be denied to or withheld from any person on the grounds of race, creed, color, national origin, or sex.


</P>
</DIV8>


<DIV8 N="§ 270.5" NODE="30:2.0.1.2.10.0.133.5" TYPE="SECTION">
<HEAD>§ 270.5   Complaint.</HEAD>
<P>(a) Whenever any person believes that he or she has been denied a contract or subcontract to which this part applies on the grounds of race, creed, color, national origin, or sex, such person may complain of such denial or withholding to the Regional Director of the OCS Region in which such action is alleged to have occurred. Any complaint filed under this part must be submitted in writing to the appropriate Regional Director not later than 180 days after the date of the alleged unlawful denial of a contract or subcontract which is the basis of the complaint.
</P>
<P>(b) The complaint referred to in paragraph (a) of this section shall be accompanied by such evidence as may be available to a person and which is relevant to the complaint including affidavits and other documents.
</P>
<P>(c) Whenever any person files a complaint under this part, the Regional Director with whom such complaint is filed shall give written notice of such filing to all persons cited in the complaint no later than 10 days after receipt of such complaint. Such notice shall include a statement describing the alleged incident of discrimination, including the date and the names of persons involved in it.


</P>
</DIV8>


<DIV8 N="§ 270.6" NODE="30:2.0.1.2.10.0.133.6" TYPE="SECTION">
<HEAD>§ 270.6   Process.</HEAD>
<P>Whenever a Regional Director determines on the basis of any information, including that which may be obtained under § 270.5 of this part, that a violation of or failure to comply with any provision of this subpart probably occurred, the Regional director shall undertake to afford the complainant and the person(s) alleged to have violated the provisions of this part an opportunity to engage in informal consultations, meetings, or any other form of communications for the purpose of resolving the complaint. In the event such communications or consultations result in a mutually satisfactory resolution of the complaint, the complainant and all persons cited in the complaint shall notify the Regional Director in writing of their agreement to such resolution. If either the complainant or the person(s) alleged to have wrongfully discriminated fail to provide such written notice within a reasonable period of time, the Regional Director must proceed in accordance with the provisions of 30 CFR 250, subpart N.


</P>
</DIV8>


<DIV8 N="§ 270.7" NODE="30:2.0.1.2.10.0.133.7" TYPE="SECTION">
<HEAD>§ 270.7   Remedies.</HEAD>
<P>In addition to the penalties available under 30 CFR part 250, subpart N, the Director may invoke any other remedies available to him or her under the Act or regulations for the lessee's failure to comply with provisions of the Act, regulations, or lease.


</P>
</DIV8>

</DIV5>


<DIV5 N="280" NODE="30:2.0.1.2.11" TYPE="PART">
<HEAD>PART 280—PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR ON THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>43 U.S.C. 1334.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.1.2.11.1" TYPE="SUBPART">
<HEAD>Subparts A-B [Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:2.0.1.2.11.2" TYPE="SUBPART">
<HEAD>Subpart C—Obligations Under This Part</HEAD>


<DIV7 N="134" NODE="30:2.0.1.2.11.2.134" TYPE="SUBJGRP">
<HEAD>Interrupted Activities</HEAD>


<DIV8 N="§§ 280.20-280.24" NODE="30:2.0.1.2.11.2.134.1" TYPE="SECTION">
<HEAD>§§ 280.20-280.24   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 280.25" NODE="30:2.0.1.2.11.2.134.2" TYPE="SECTION">
<HEAD>§ 280.25   When may BSEE require me to stop activities under this part?</HEAD>
<P>(a) We may temporarily stop prospecting or scientific research activities under a permit when the Regional Director determines that:
</P>
<P>(1) Activities pose a threat of serious, irreparable, or immediate harm. This includes damage to life (including fish and other aquatic life), property, and any minerals (in areas leased or not leased), to the marine, coastal, or human environment, or to an archaeological resource;
</P>
<P>(2) You failed to comply with any applicable law, regulation, order or provision of the permit. This would include the required submission of reports, well records or logs, and G&amp;G data and information within the time specified; or
</P>
<P>(3) Stopping the activities is in the interest of National security or defense.
</P>
<P>(b) The Regional Director will advise you either orally or in writing of the procedures to temporarily stop activities. We will confirm an oral notification in writing and deliver all written notifications by courier or certified/registered mail. You must stop all activities under a permit as soon as you receive an oral or written notification.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 280.26" NODE="30:2.0.1.2.11.2.134.3" TYPE="SECTION">
<HEAD>§ 280.26   When may I resume activities?</HEAD>
<P>The Regional Director will advise you when you may start your permit activities again.


</P>
</DIV8>


<DIV8 N="§ 280.27" NODE="30:2.0.1.2.11.2.134.4" TYPE="SECTION">
<HEAD>§ 280.27   When may BSEE cancel my permit?</HEAD>
<P>The Regional Director may cancel a permit at any time.
</P>
<P>(a) If we cancel your permit, the Regional Director will advise you by certified or registered mail 30 days before the cancellation date and will state the reason.
</P>
<P>(b) After we cancel your permit, you are still responsible for proper abandonment of any drill site according to the requirements of 30 CFR 251.7(b)(8). You must comply with all other obligations specified in this part or in the permit.


</P>
</DIV8>


<DIV8 N="§ 280.28" NODE="30:2.0.1.2.11.2.134.5" TYPE="SECTION">
<HEAD>§ 280.28   May I relinquish my permit?</HEAD>
<P>(a) You may relinquish your permit at any time by advising the Bureau of Ocean Energy Management Regional Director by certified or registered mail 30 days in advance.
</P>
<P>(b) After you relinquish your permit, you are still responsible for proper abandonment of any drill sites according to the requirements of 30 CFR 251.7(b)(8). You must also comply with all other obligations specified in this part or in the permit.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="D" NODE="30:2.0.1.2.11.3" TYPE="SUBPART">
<HEAD>Subparts D-E [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="281" NODE="30:2.0.1.2.12" TYPE="PART">
<HEAD>PART 281 [RESERVED]


</HEAD>
</DIV5>


<DIV5 N="282" NODE="30:2.0.1.2.13" TYPE="PART">
<HEAD>PART 282—OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>43 U.S.C. 1334.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.1.2.13.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 282.0" NODE="30:2.0.1.2.13.1.135.1" TYPE="SECTION">
<HEAD>§ 282.0   Authority for information collection.</HEAD>
<P>(a) The information collection requirements in this part have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1014-0021. The information is being collected to inform the Bureau of Safety and Environmental Enforcement (BSEE) of general mining operations in the Outer Continental Shelf (OCS). The information will be used to ensure that operations are conducted in a safe and environmentally responsible manner in compliance with governing laws and regulations. The requirement to respond is mandatory.
</P>
<P>(b) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to: Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 282.1" NODE="30:2.0.1.2.13.1.135.2" TYPE="SECTION">
<HEAD>§ 282.1   Purpose and authority.</HEAD>
<P>(a) The Act authorizes the Secretary to prescribe such rules and regulations as may be necessary to carry out the provisions of the Act (43 U.S.C. 1334). The Secretary is authorized to prescribe and amend regulations that the Secretary determines to be necessary and proper in order to provide for the prevention of waste, conservation of the natural resources of the OCS, and the protection of correlative rights therein. In the enforcement of safety, environmental, and conservation laws and regulations, the Secretary is authorized to cooperate with adjacent States and other Departments and Agencies of the Federal Government.
</P>
<P>(b) Subject to the supervisory authority of the Secretary, and unless otherwise specified, the regulations in this part shall be administered by the Director of BSEE.


</P>
</DIV8>


<DIV8 N="§ 282.2" NODE="30:2.0.1.2.13.1.135.3" TYPE="SECTION">
<HEAD>§ 282.2   Scope.</HEAD>
<P>The rules and regulations in this part apply as of their effective date to all operations conducted under a mineral lease for OCS minerals other than oil, gas, or sulphur issued under the provisions of section 8(k) of the Act.


</P>
</DIV8>


<DIV8 N="§ 282.3" NODE="30:2.0.1.2.13.1.135.4" TYPE="SECTION">
<HEAD>§ 282.3   Definitions.</HEAD>
<P>When used in this part, the following terms shall have the following meaning:
</P>
<P><I>Act</I> means the OCS Lands Act, as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Adjacent State</I> means with respect to any activity proposed, conducted, or approved under this part, any coastal State:
</P>
<P>(1) That is, or is proposed to be, receiving for processing, refining, or transshipment OCS mineral resources commercially recovered from the seabed;
</P>
<P>(2) That is used, or is scheduled to be used, as a support base for prospecting, exploration, testing, or mining activities; or
</P>
<P>(3) In which there is a reasonable probability of significant effect on land or water uses from such activity.
</P>
<P><I>Contingency Plan</I> means a plan for action to be taken in emergency situations.
</P>
<P><I>Data</I> means geological and geophysical (G&amp;G) facts and statistics or samples which have not been analyzed, processed, or interpreted.
</P>
<P><I>Development</I> means those activities which take place following the discovery of minerals in paying quantities including geophysical activities, drilling, construction of offshore facilities, and operation of all onshore support facilities, which are for the purpose of ultimately producing the minerals discovered.
</P>
<P><I>Director</I> means the Director of BSEE of the U.S. Department of the Interior or an official authorized to act on the Director's behalf.
</P>
<P><I>Exploration</I> means the process of searching for minerals on a lease including:
</P>
<P>(1) Geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of minerals;
</P>
<P>(2) Any drilling including the drilling of a borehole in which the discovery of a mineral other than oil, gas, or sulphur is made and the drilling of any additional boreholes needed to delineate any mineral deposits; and
</P>
<P>(3) The taking of sample portions of a mineral deposit to enable the lessee to determine whether to proceed with development and production.
</P>
<P><I>Geological sample</I> means a collected portion of the seabed, the subseabed, or the overlying waters (when obtained for geochemical analysis) acquired while conducting postlease mining activities.
</P>
<P><I>Governor</I> means the Governor of a State or the person or entity designated by, or pursuant to, State law to exercise the power granted to a Governor.
</P>
<P><I>Information</I> means G&amp;G data that have been analyzed, processed, or interpreted.
</P>
<P><I>Lease</I> means one of the following, whichever is required by the context: Any form of authorization which is issued under section 8 or maintained under section 6 of the Acts and which authorizes exploration for, and development and production of, specific minerals; or the area covered by that authorization.
</P>
<P><I>Lessee</I> means the person authorized by a lease, or an approved assignment thereof, to explore for and develop and produce the leased deposits in accordance with the regulations in this chapter. The term includes all parties holding that authority by or through the lessee.
</P>
<P><I>Major Federal action</I> means any action or proposal by the Secretary which is subject to the provisions of section 102(2)(C) of the National Environmental Policy Act (NEPA) (<I>i.e.,</I> an action which will have a significant impact on the quality of the human environment requiring preparation of an Environmental Impact Statement (EIS) pursuant to section 102(2)(C) of NEPA).
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the marine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the OCS.
</P>
<P><I>Minerals</I> include oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from “public lands” as defined in section 103 of the Federal Land Policy and Management Act of 1976.
</P>
<P><I>OCS mineral</I> means any mineral deposit or accretion found on or below the surface of the seabed but does not include oil, gas, or sulphur; salt or sand and gravel intended for use in association with the development of oil, gas, or sulphur; or source materials essential to production of fissionable materials which are reserved to the United States pursuant to section 12(e) of the Act.
</P>
<P><I>Operator</I> means the individual, partnership, firm, or corporation having control or management of operations on the lease or a portion thereof. The operator may be a lessee, designated agent of the lessee, or holder of rights under an approved operating agreement.
</P>
<P><I>Outer Continental Shelf</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Person</I> means a citizen or national of the United States; an alien lawfully admitted for permanent residency in the United States as defined in 8 U.S.C. 1101(a)(20); a private, public, or municipal corporation organized under the laws of the United States or of any State or territory thereof; an association of such citizens, nationals, resident aliens or private, public, or municipal corporations, States, or political subdivisions of States; or anyone operating in a manner provided for by treaty or other applicable international agreements. The term does not include Federal Agencies.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
</P>
<P><I>Testing</I> means removing bulk samples for processing tests and feasibility studies and/or the testing of mining equipment to obtain information needed to develop a detailed Mining Plan.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 282.4" NODE="30:2.0.1.2.13.1.135.5" TYPE="SECTION">
<HEAD>§ 282.4   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 282.5" NODE="30:2.0.1.2.13.1.135.6" TYPE="SECTION">
<HEAD>§ 282.5   Disclosure of data and information to the public.</HEAD>
<P>(a) The Director shall make data, information, and samples available in accordance with the requirements and subject to the limitations of the Act, the Freedom of Information Act (5 U.S.C. 552), and the implementing regulations (43 CFR part 2).
</P>
<P>(b) Geophysical data, processed G&amp;G information, interpreted G&amp;G information, and other data and information submitted pursuant to the requirements of this part shall not be available for public inspection without the consent of the lessee so long as the lease remains in effect, unless the Director determines that earlier limited release of such information is necessary for the unitization of operations on two or more leases, to ensure proper Mining Plans for a common ore body, or to promote operational safety. When the Director determines that early limited release of data and information is necessary, the data and information shall be shown only to persons with a direct interest in the affected lease(s), unitization agreement, or joint Mining Plan.
</P>
<P>(c) Geophysical data, processed geophysical information and interpreted geophysical information collected on a lease with high resolution systems (including, but not limited to, bathymetry, side-scan sonar, subbottom profiler, and magnetometer) in compliance with stipulations or orders concerning protection of environmental aspects of the lease may be made available to the public 60 days after submittal to the Director, unless the lessee can demonstrate to the satisfaction of the Director that release of the information or data would unduly damage the lessee's competitive position.


</P>
</DIV8>


<DIV8 N="§ 282.6" NODE="30:2.0.1.2.13.1.135.7" TYPE="SECTION">
<HEAD>§ 282.6   Disclosure of data and information to an adjacent State.</HEAD>
<P>(a) Proprietary data, information, and samples submitted to BSEE pursuant to the requirements of this part shall be made available for inspection by representatives of adjacent State(s) upon request by the Governor(s) in accordance with paragraphs (b) and (c) of this section.
</P>
<P>(b) Disclosure shall occur only after the Governor has entered into an agreement with the Secretary providing that:
</P>
<P>(1) The confidentiality of the information shall be maintained;
</P>
<P>(2) In any action commenced against the Federal Government or the State for failure to protect the confidentiality of proprietary information, the Federal Government or the State, as the case may be, may not raise as a defense any claim of sovereign immunity or any claim that the employee who revealed the proprietary information, which is the basis of the suit, was acting outside the scope of the person's employment in revealing the information;
</P>
<P>(3) The State agrees to hold the United States harmless for any violation by the State or its employees or contractors of the agreement to protect the confidentiality of proprietary data, information, and samples; and
</P>
<P>(c) The data, information, and samples available for inspection by representatives of adjacent State(s) pursuant to an agreement shall be related to leased lands.


</P>
</DIV8>


<DIV8 N="§ 282.7" NODE="30:2.0.1.2.13.1.135.8" TYPE="SECTION">
<HEAD>§ 282.7   Jurisdictional controversies.</HEAD>
<P>In the event of a controversy between the United States and a State as to whether certain lands are subject to Federal or State jurisdiction, either the Governor of the State or the Secretary may initiate negotiations in an attempt to settle the jurisdictional controversy. With the concurrence of the Attorney General, the Secretary may enter into an agreement with a State with respect to OCS mineral activities and to payment and impounding of rents, royalties, and other sums and with respect to the issuance or nonissuance of new leases pending settlement of the controversy.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.1.2.13.2" TYPE="SUBPART">
<HEAD>Subpart B—Jurisdiction and Responsibilities of Director</HEAD>


<DIV8 N="§ 282.10" NODE="30:2.0.1.2.13.2.135.1" TYPE="SECTION">
<HEAD>§ 282.10   Jurisdiction and responsibilities of Director.</HEAD>
<P>Subject to the authority of the Secretary, the following activities are subject to the regulations in this part and are under the jurisdiction of the Director: Exploration, testing, and mining operations together with the associated environmental protection measures needed to permit those activities to be conducted in an environmentally responsible manner; handling, measurement, and transportation of OCS minerals; and other operations and activities conducted pursuant to a lease issued under 30 CFR part 581, or pursuant to a right of use and easement granted under 30 CFR 582.30, by or on behalf of a lessee or the holder of a right of use and easement.


</P>
</DIV8>


<DIV8 N="§ 282.11" NODE="30:2.0.1.2.13.2.135.2" TYPE="SECTION">
<HEAD>§ 282.11   Director's authority.</HEAD>
<P>(a)-(c) [Reserved]
</P>
<P>(d)(1) The Director may approve the consolidation of two or more OCS mineral leases or portions of two or more OCS mineral leases into a single mining unit requested by lessees, or the Director may require such consolidation when the operation of those leases or portions of leases as a single mining unit is in the interest of conservation of the natural resources of the OCS or the prevention of waste. A mining unit may also include all or portions of one or more OCS mineral leases with all or portions of one or more adjacent State leases for minerals in a common orebody. A single unit operator shall be responsible for submission of required Delineation, Testing, and Mining Plans covering OCS mineral operations for an approved mining unit.
</P>
<P>(2) Operations such as exploration, testing, and mining activities conducted in accordance with an approved plan on any lease or portion of a lease which is subject to an approved mining unit shall be considered operations on each of the leases that is made subject to the approved mining unit.
</P>
<P>(3) Minimum royalty paid pursuant to a Federal lease, which is subject to an approved mining unit, is creditable against the production royalties allocated to that Federal lease during the lease year for which the minimum royalty is paid.
</P>
<P>(4) Any OCS minerals produced from State and Federal leases which are subject to an approved mining unit shall be accounted for separately unless a method of allocating production between State and Federal leases has been approved by the Director and the appropriate State official.


</P>
</DIV8>


<DIV8 N="§ 282.12" NODE="30:2.0.1.2.13.2.135.3" TYPE="SECTION">
<HEAD>§ 282.12   Director's responsibilities.</HEAD>
<P>(a) The Director is responsible for the regulation of activities to assure that all operations conducted under a lease or right of use and easement are conducted in a manner that protects the environment and promotes orderly development of OCS mineral resources. Those activities are to be designed to prevent serious harm or damage to, or waste of, any natural resource (including OCS mineral deposits and oil, gas, and sulphur resources in areas leased or not leased), any life (including fish and other aquatic life), property, or the marine, coastal, or human environment.
</P>
<P>(b)-(d) [Reserved]
</P>
<P>(e) The Director shall assure that a scheduled onsite compliance inspection of each facility which is subject to regulations in this part is conducted at least once a year. The inspection shall be to determine that the lessee is in compliance with the requirements of the law; provisions of the lease; the approved Delineation, Testing, or Mining Plan; and the regulations in this part. Additional unscheduled onsite inspections shall be conducted without advance notice to the lessee to assure compliance with the provisions of applicable law; the lease; the approved Delineation, Testing, or Mining Plan; and the regulations in this part.
</P>
<P>(f)(1) The Director shall, after completion of the technical and environmental evaluations, approve, disapprove, or require modification of the lessee's requests, applications, plans, and notices submitted pursuant to the provisions of this part; issue orders to govern lease operations; and require compliance with applicable provisions of the law, the regulations, the lease, and the approved Delineation, Testing, or Mining Plans. The Director may give oral orders or approvals whenever prior approval is required before the commencement of an operation or activity. Oral orders or approvals given in response to a written request shall be confirmed in writing within 3 working days after issuance of the order or granting of the oral approval.
</P>
<P>(2) The Director shall, after completion of the technical and environmental evaluations, approve, disapprove, or require modification, as appropriate, of the design plan, fabrication plan, and installation plan for platforms, artificial islands, and other installations and devices permanently or temporarily attached to the seabed. The approval, disapproval, or requirement to modify such plans may take the form of a condition of granting a right of use and easement under paragraph (a) of this section or as authorized under any lease issued or maintained under the Act.
</P>
<P>(g) [Reserved]
</P>
<P>(h) The Director may prescribe or approve, in writing or orally, departures from the operating requirements of the regulations of this part when such departures are necessary to facilitate the proper development of a lease; to conserve natural resources; or to protect life (including fish and other aquatic life), property, or the marine, coastal, or human environment.


</P>
</DIV8>


<DIV8 N="§ 282.13" NODE="30:2.0.1.2.13.2.135.4" TYPE="SECTION">
<HEAD>§ 282.13   Suspension of production or other operations.</HEAD>
<P>(a) The Director may direct the suspension or temporary prohibition of production or any other operation or activity on all or any part of a lease when it has been determined that such suspension or temporary prohibition is in the National interest to:
</P>
<P>(1) Facilitate proper development of a lease including a reasonable time to develop a mine and construct necessary support facilities, or
</P>
<P>(2) Allow for the construction or negotiation for use of transportation facilities.
</P>
<P>(b) The Director may also direct or, at the request of the lessee, approve a suspension or temporary prohibition of production or any other operation or activity, if:
</P>
<P>(1) The lessee failed to comply with a provision of applicable law, regulation, order, or the lease;
</P>
<P>(2) There is a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment;
</P>
<P>(3) The suspension or temporary prohibition is in the interest of National security or defense;
</P>
<P>(4) The suspension or temporary prohibition is necessary for the initiation and conduct of an environmental evaluation to define mitigation measures to avoid or minimize adverse environmental impacts.
</P>
<P>(5) The suspension or temporary prohibition is necessary to facilitate the installation of equipment necessary for safety of operations and protection of the environment;
</P>
<P>(6) The suspension or temporary prohibition is necessary to allow for undue delays encountered by the lessee in obtaining required permits or consents, including administrative or judicial challenges or appeals;
</P>
<P>(7) The Director determines that continued operations would result in premature abandonment of a producing mine, resulting in the loss of otherwise recoverable OCS minerals;
</P>
<P>(8) The Director determines that the lessee cannot successfully operate a producing mine due to market conditions that are either temporary in nature or require temporary shutdown and reinvestment in order for the lessee to adapt to the conditions; or
</P>
<P>(9) The suspension or temporary prohibition is necessary to comply with judicial decrees prohibiting production or any other operation or activity, or the permitting of those activities, effective the date set by the court for that prohibition.
</P>
<P>(c) When the Director orders or approves a suspension or a temporary prohibition of operation or activity including production on all of a lease pursuant to paragraph (a) or (b) of this section, the term of the lease shall be extended for a period of time equal to the period of time that the suspension or temporary prohibition is in effect, except that no lease shall be so extended when the suspension or temporary prohibition is the result of the lessee's gross negligence or willful violation of a provision of the lease or governing regulations.
</P>
<P>(d) The Director may, at any time within the period prescribed for a suspension or temporary prohibition issued pursuant to paragraph (b)(2) of this section, require the lessee to submit a Delineation, Testing, or Mining Plan to the Bureau of Ocean Energy Management for approval in accordance with the requirements for the approval of such plans in part 582 of this title.
</P>
<P>(e)(1) When the Director orders or issues a suspension or a temporary prohibition pursuant to paragraph (b)(2) of this section, the Director may require the lessee to conduct site-specific studies to identify and evaluate the cause(s) of the hazard(s) generating the suspension or temporary prohibition, the potential for damage from the hazard(s), and the measures available for mitigating the hazard(s). The nature, scope, and content of any study shall be subject to approval by the Director. The lessee shall furnish copies and all results of any such study to the Director. The cost of the study shall be borne by the lessee unless the Director arranges for the cost of the study to be borne by a party other than the lessee. The Director shall make results of any such study available to interested parties and to the public as soon as practicable after the completion of the study and submission of the results thereof.
</P>
<P>(2) When the Director determines that measures are necessary, on the basis of the results of the studies conducted in accordance with paragraph (e)(1) of this section and other information available to and identified by the Director, the lessee will be required to take appropriate measures to mitigate, avoid, or minimize the damage or potential damage on which the suspension or temporary prohibition is based. In choosing between alternative mitigation measures, the Director will balance the cost of the required measures against the reduction or potential reduction in damage or threat of damage or harm to life (including fish and other aquatic life), to property, to any mineral deposits (in areas leased or not leased), to the National security or defense, or to the marine, coastal, or human environment. When deemed appropriate by the Director, the lessee must submit to the Bureau of Ocean Energy Management a revised Delineation, Testing, or Mining Plan that incorporates the mitigation measures required by the Director.
</P>
<P>(f)(1) If under the provisions of paragraphs (b)(2), (3), and (4) of this section, the Director, with respect to any lease, directs the suspension of production or other operations on the entire leasehold, no payment of rental or minimum royalty shall be due for or during the period of the directed suspension and the time for the lessee specify royalty free period of a period of reduced royalty pursuant to 30 CFR 581.28(b) will be extended for the period of directed suspension. If under the provisions of paragraphs (b)(2), (3), and (4) of this section the Director, with respect to a lease on which there has been no production, directs the suspension of operations on the entire leasehold, no payment of rental shall be due during the period of the directed suspension.
</P>
<P>(2) If under the provisions of this section, the Director grants the request of a lessee for a suspension of production or other operations, the lessee's obligations to pay rental, minimum royalty, or royalty shall continue to apply during the period of the approved suspension, unless the Director's approval of the lessee's request for suspension authorizes the payment of a lesser amount during the period of approved suspension. If under the provision of this section, the Director grants a lessee's request for a suspension of production or other operations for a lease which includes provisions for a time period which the lessee may specify during which production from the leasehold would be royalty free or subject to a reduced royalty obligation pursuant to 30 CFR 581.28(b), the time during which production from a leasehold may be royalty free or subject to a reduced royalty obligation shall not be extended unless the Director's approval of the suspension specifies otherwise.
</P>
<P>(3) If the lease anniversary date falls within a period of suspension for which no rental or minimum royalty payments are required under paragraph (a) of this section, the prorated rentals or minimum royalties are due and payable as of the date the suspension period terminates. These amounts shall be computed and notice thereof given the lessee. The lessee shall pay the amount due within 30 days after receipt of such notice. The anniversary date of a lease shall not change by reason of any period of lease suspension or rental or royalty relief resulting therefrom.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 282.14" NODE="30:2.0.1.2.13.2.135.5" TYPE="SECTION">
<HEAD>§ 282.14   Noncompliance, remedies, and penalties.</HEAD>
<P>(a)(1) If the Director determines that a lessee has failed to comply with applicable provisions of law; the regulations in this part; other applicable regulations; the lease; the approved Delineation, Testing, or Mining Plan; or the Director's orders or instructions, and the Director determines that such noncompliance poses a threat of immediate, serious, or irreparable damage to the environment, the mine or the deposit being mined, or other valuable mineral deposits or other resources, the Director shall order the lessee to take immediate and appropriate remedial action to alleviate the threat. Any oral orders shall be followed up by service of a notice of noncompliance upon the lessee by delivery in person to the lessee or agent, or by certified or registered mail addressed to the lessee at the last known address.
</P>
<P>(2) If the Director determines that the lessee has failed to comply with applicable provisions of law; the regulations in this part; other applicable regulations; the lease; the requirements of an approved Delineation, Testing, or Mining Plan; or the Director's orders or instructions, and such noncompliance does not pose a threat of immediate, serious, or irreparable damage to the environment, the mine or the deposit being mined, or other valuable mineral deposits or other resources, the Director shall serve a notice of noncompliance upon the lessee by delivery in person to the lessee or agent or by certified or registered mail addressed to the lessee at the last known address.
</P>
<P>(b) A notice of noncompliance shall specify in what respect(s) the lessee has failed to comply with the provisions of applicable law; regulations; the lease; the requirements of an approved Delineation, Testing, or Mining Plan; or the Director's orders or instructions, and shall specify the action(s) which must be taken to correct the noncompliance and the time limits within which such action must be taken.
</P>
<P>(c) Failure of a lessee to take the actions specified in the notice of noncompliance within the time limit specified shall be grounds for a suspension of operations and other appropriate actions, including but not limited to the assessment of a civil penalty of up to $40,000 per day for each violation that is not corrected within the time period specified (43 U.S.C. 1350(b)).
</P>
<P>(d) Whenever the Director determines that a violation of or failure to comply with any provision of the Act; or any provision of a lease, license, or permit issued pursuant to the Act; or any provision of any regulation promulgated under the Act probably occurred and that such apparent violation continued beyond notice of the violation and the expiration of the reasonable time period allowed for corrective action, the Director shall follow the procedures concerning remedies and penalties in subpart N, Remedies and Penalties, of 30 CFR part 250 to determine and assess an appropriate penalty.
</P>
<P>(e) The remedies and penalties prescribed in this section shall be concurrent and cumulative, and the exercise of one shall not preclude the exercise of the other. Further, the remedies and penalties prescribed in this section shall be in addition to any other remedies and penalties afforded by any other law or regulation (43 U.S.C. 1350(e)).
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 282.15" NODE="30:2.0.1.2.13.2.135.6" TYPE="SECTION">
<HEAD>§ 282.15   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.1.2.13.3" TYPE="SUBPART">
<HEAD>Subpart C—Obligations and Responsibilities of Lessees</HEAD>


<DIV8 N="§ 282.20" NODE="30:2.0.1.2.13.3.135.1" TYPE="SECTION">
<HEAD>§ 282.20   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 282.21" NODE="30:2.0.1.2.13.3.135.2" TYPE="SECTION">
<HEAD>§ 282.21   Plans, general.</HEAD>
<P>(a)-(d) [Reserved]
</P>
<P>(e) Leasehold activities shall be carried out with due regard to conservation of resources, paying particular attention to the wise management of OCS mineral resources, minimizing waste of the leased resource(s) in mining and processing, and preventing damage to unmined parts of the mineral deposit and other resources of the OCS.


</P>
</DIV8>


<DIV8 N="§§ 282.22-282.26" NODE="30:2.0.1.2.13.3.135.3" TYPE="SECTION">
<HEAD>§§ 282.22-282.26   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 282.27" NODE="30:2.0.1.2.13.3.135.4" TYPE="SECTION">
<HEAD>§ 282.27   Conduct of operations.</HEAD>
<P>(a) The lessee shall conduct all exploration, testing, development, and production activities and other operations in a safe and workmanlike manner and shall maintain equipment in a manner which assures the protection of the lease and its improvements, the health and safety of all persons, and the conservation of property, and the environment.
</P>
<P>(b) Nothing in this part shall preclude the use of new or alternative technologies, techniques, procedures, equipment, or activities, other than those prescribed in the regulations of this part, if such other technologies, techniques, procedures, equipment, or activities afford a degree of protection, safety, and performance equal to or better than that intended to be achieved by the regulations of this part, provided the lessee obtains the written approval of the Director prior to the use of such new or alternative technologies, techniques, procedures, equipment, or activities.
</P>
<P>(c) The lessee shall immediately notify the Director when there is a death or serious injury; fire, explosion, or other hazardous event which threatens damage to life, a mineral deposit, or equipment; spills of oil, chemical reagents, or other liquid pollutants which could cause pollution; or damage to aquatic life or the environment associated with operations on the lease. As soon as practical, the lessee shall file a detailed report on the event and action(s) taken to control the situation and to mitigate any further damage.
</P>
<P>(d)(1) Lessees shall provide means, at all reasonable hours either day or night, for the Director to inspect or investigate the conditions of the operation and to determine whether applicable regulations; terms and conditions of the lease; and the requirements of the approved Delineation, Testing, or Mining Plan are being met.
</P>
<P>(2) A lessee shall, on request by the Director, furnish food, quarters, and transportation for BSEE representatives to inspect its facilities. Upon request, you will be reimbursed by BSEE for the actual costs that you incur as a result of providing transportation to BSEE representatives. In addition, you will be reimbursed for the actual costs that you incur for providing food and quarters for a BSEE representative's stay of more than 12 hours. You must submit an invoice for reimbursement within 90 days of the inspection.
</P>
<P>(e) Mining and processing vessels, platforms, structures, artificial islands, and mobile drilling units which have helicopter landing facilities shall be identified with at least one sign using letters and figures not less than 12 inches in height. Signs for structures without helicopter landing facilities shall be identified with at least one sign using letters and figures not less than 3 inches in height. Signs shall be affixed at a location that is visible to approaching traffic and shall contain the following information which may be abbreviated:
</P>
<P>(1) Name of the lease operator;
</P>
<P>(2) The area designation based on Official OCS Protraction Diagrams;
</P>
<P>(3) The block number in which the facility is located; and
</P>
<P>(4) Vessel, platform, structure, or rig name.
</P>
<P>(f)(1) <I>Drilling.</I> (i) When drilling on lands valuable or potentially valuable for oil and gas or geopressured or geothermal resources, drilling equipment shall be equipped with blowout prevention and control devices acceptable to the Director before penetrating more than 500 feet unless a different depth is specified in advance by the Director.
</P>
<P>(ii) In cases where the Director determines that there is sufficient likelihood of encountering pressurized hydrocarbons, the Director may require that the lessee comply with all or portions of the requirements in part 250, subpart D, of this title.
</P>
<P>(iii) Before drilling any hole which may penetrate an aquifer, the lessee shall follow the procedures included in the approved plan for the penetration and isolation of the aquifer during the drilling operation, during use of the hole, and for subsequent abandonment of the hole.
</P>
<P>(iv) Cuttings from holes drilled on the lease shall be disposed of and monitored in accordance with the approved plan.
</P>
<P>(v) The use of muds in drilling holes on the lease and their subsequent disposition shall be according to the approved plan.
</P>
<P>(2) All drill holes which are susceptible to logging shall be logged, and the lessee shall prepare a detailed lithologic log of each drill hole. Drill holes which are drilled deeper than 500 feet shall be drilled in a manner which permits logging. Copies of logs of cores and cuttings and all in-hole surveys such as electronic logs, gamma ray logs, neutron density logs, and sonic logs shall be provided to the Director.
</P>
<P>(3) Drill holes for exploration, testing, development, or production shall be properly plugged and abandoned to the satisfaction of the Director in accordance with the approved plan and in such a manner as to protect the surface and not endanger any operation; any freshwater aquifer; or deposit of oil, gas, or other mineral substance.
</P>
<P>(g) The use of explosives on the lease shall be in accordance with the approved plan.
</P>
<P>(h)(1) Any equipment placed on the seabed shall be designed to allow its recovery and removal upon abandonment of leasehold activities.
</P>
<P>(2) Disposal of equipment, cables, chains, containers, or other materials into the ocean is prohibited.
</P>
<P>(3) Materials, equipment, tools, containers, and other items used on the OCS which are of such shape or configuration that they are likely to snag or damage fishing devices shall be handled and marked as follows:
</P>
<P>(i) All loose materials, small tools, and other small objects shall be kept in a suitable storage area or a marked container when not in use or in a marked container before transport over OCS waters;
</P>
<P>(ii) All cable, chain, or wire segments shall be recovered after use and securely stored;
</P>
<P>(iii) Skid-mounted equipment, portable containers, spools or reels, and drums shall be marked with the owner's name prior to use or transport over OCS waters; and
</P>
<P>(iv) All markings must clearly identify the owner and must be durable enough to resist the effects of the environmental conditions to which they are exposed.
</P>
<P>(4) Any equipment or material described in paragraphs (h)(2), (h)(3)(ii), and (iii) of this section that is lost overboard shall be recorded on the daily operations report of the facility and reported to the Director and to the U.S. Coast Guard.
</P>
<P>(i) Any bulk sampling or testing that is necessary to be conducted prior to submission of a Mining Plan shall be in accordance with an approved Testing Plan. The sale of any OCS minerals acquired under an approved Testing Plan shall be subject to the payment of the royalty specified in the lease to the United States.
</P>
<P>(j) Installations and structures: (1) The lessee shall design, fabricate, install, use, inspect, and maintain all installations and structures, including platforms on the OCS, to assure the structural integrity of all installations and structures for the safe conduct of exploration, testing, mining, and processing activities considering the specific environmental conditions at the location of the installation or structure.
</P>
<P>(2) All fixed or bottom-founded platforms or other structures, e.g., artificial islands shall be designed, fabricated, installed, inspected, and maintained in accordance with the provisions of 30 CFR part 250, subpart I.
</P>
<P>(k) The lessee shall not produce any OCS mineral until the method of measurement and the procedures for product valuation have been instituted in accordance with the approved Testing or Mining Plan. The lessee shall enter the weight or quantity and quality of each mineral produced in accordance with 30 CFR 582.29.
</P>
<P>(l) The lessee shall conduct OCS mineral processing operations in accordance with the approved Testing or Mining Plan and use due diligence in the reduction, concentration, or separation of mineral substances by mechanical or chemical processes, by evaporation, or other means, so that the percentage of concentrates or other mineral substances are recovered in accordance with the practices approved in the Testing or Mining Plan.
</P>
<P>(m) No material shall be discharged or disposed of except in accordance with the approved disposal practice and procedures contained in the approved Delineation, Testing, or Mining Plan.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 282.28" NODE="30:2.0.1.2.13.3.135.5" TYPE="SECTION">
<HEAD>§ 282.28   Environmental protection measures.</HEAD>
<P>(a)-(b) [Reserved]
</P>
<P>(c)(1) The lessee shall monitor activities in a manner that develops the data and information necessary to enable the Director to assess the impacts of exploration, testing, mining, and processing activities on the environment on and off the lease; develop and evaluate methods for mitigating adverse environmental effects; validate assessments made in previous environmental evaluations; and ensure compliance with lease and other requirements for the protection of the environment.
</P>
<P>(2) Monitoring of environmental effects shall include determination of the spatial and temporal environmental changes induced by the exploration, testing, development, production, and processing activities on the flora and fauna of the sea surface, the water column, and/or the seafloor.
</P>
<P>(3) The Director may place observers onboard exploration, testing, mining, and processing vessels; installations; or structures to ensure that the provisions of the lease, the approved plan, and these regulations are followed and to evaluate the effectiveness of the approved monitoring and mitigation practices and procedures in protecting the environment.
</P>
<P>(4) The Director may order or the lessee may request a modification of the approved monitoring program prior to the startup of testing activities or commercial-scale recovery, and at other appropriate times as necessary, to reflect accurately the proposed operations or to incorporate the results of recent research or improved monitoring techniques.
</P>
<P>(5) [Reserved]
</P>
<P>(6) When required, the monitoring plan will specify:
</P>
<P>(i) The sampling techniques and procedures to be used to acquire the needed data and information;
</P>
<P>(ii) The format to be used in analysis and presentation of the data and information;
</P>
<P>(iii) The equipment, techniques, and procedures to be used in carrying out the monitoring program; and
</P>
<P>(iv) The name and qualifications of person(s) designated to be responsible for carrying out the environmental monitoring.
</P>
<P>(d) Lessees shall develop and conduct their operations in a manner designed to avoid, minimize, or otherwise mitigate environmental impacts and to demonstrate the effectiveness of efforts to that end. Based upon results of the monitoring program, the Director may specify particular procedures for mitigating environmental impacts.
</P>
<P>(e) [Reserved]


</P>
</DIV8>


<DIV8 N="§§ 282.29-282.30" NODE="30:2.0.1.2.13.3.135.6" TYPE="SECTION">
<HEAD>§§ 282.29-282.30   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 282.31" NODE="30:2.0.1.2.13.3.135.7" TYPE="SECTION">
<HEAD>§ 282.31   Suspension of production or other operations.</HEAD>
<P>A lessee may submit a request for a suspension of production or other operations. The request shall include justification for granting the requested suspension, a schedule of work leading to the initiation or restoration of production or other operations, and any other information the Director may require.


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.1.2.13.4" TYPE="SUBPART">
<HEAD>Subpart D—Payments</HEAD>


<DIV8 N="§ 282.40" NODE="30:2.0.1.2.13.4.135.1" TYPE="SECTION">
<HEAD>§ 282.40   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 282.41" NODE="30:2.0.1.2.13.4.135.2" TYPE="SECTION">
<HEAD>§ 282.41   Method of royalty calculation.</HEAD>
<P>In the event that the provisions of royalty management regulations in part 1206 of chapter XII do not apply to the specific commodities produced under regulations in this part, the lessee shall comply with procedures specified in the leasing notice.


</P>
</DIV8>


<DIV8 N="§ 282.42" NODE="30:2.0.1.2.13.4.135.3" TYPE="SECTION">
<HEAD>§ 282.42   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:2.0.1.2.13.5" TYPE="SUBPART">
<HEAD>Subpart E—Appeals</HEAD>


<DIV8 N="§ 282.50" NODE="30:2.0.1.2.13.5.135.1" TYPE="SECTION">
<HEAD>§ 282.50   Appeals.</HEAD>
<P>See 30 CFR part 290 for instructions on how to appeal any order or decision that we issue under this part.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="285" NODE="30:2.0.1.2.14" TYPE="PART">
<HEAD>PART 285—RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING FACILITIES ON THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>43 U.S.C. 1331 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 6413, Jan. 31, 2023, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.1.2.14.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 285.100" NODE="30:2.0.1.2.14.1.158.1" TYPE="SECTION">
<HEAD>§ 285.100   Authority.</HEAD>
<P>The authority for this part derives from the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1337). The Secretary of the Interior delegated to the Bureau of Safety and Environmental Enforcement (BSEE) the authority to regulate certain activities. These regulations specifically apply to activities that:
</P>
<P>(a) Produce or support production, transportation, or transmission of energy from sources other than oil and gas; or
</P>
<P>(b) Use, for energy-related purposes or for other authorized marine-related purposes, facilities currently or previously used for activities authorized under the OCS Lands Act.




</P>
</DIV8>


<DIV8 N="§ 285.101" NODE="30:2.0.1.2.14.1.158.2" TYPE="SECTION">
<HEAD>§ 285.101   What is the purpose of this part?</HEAD>
<P>The purpose of this part is to:
</P>
<P>(a) Inform you and third parties of your obligations when you undertake activities authorized in this part and 30 CFR parts 585 and 586; and
</P>
<P>(b) Ensure that renewable energy activities on the OCS and activities involving the alternate use of OCS facilities for energy- or marine-related purposes are conducted in a safe and environmentally sound manner, in conformance with the requirements of subsection 8(p) of the OCS Lands Act, other applicable laws and regulations, and the terms of your lease, ROW grant, RUE grant, or Alternate Use RUE grant.




</P>
</DIV8>


<DIV8 N="§ 285.102" NODE="30:2.0.1.2.14.1.158.3" TYPE="SECTION">
<HEAD>§ 285.102   What are BSEE's responsibilities under this part?</HEAD>
<P>(a) BSEE will ensure that any activities authorized in this part and 30 CFR parts 585 and 586 are carried out in a manner that provides for:
</P>
<P>(1) Safety;
</P>
<P>(2) Protection of the environment;
</P>
<P>(3) Prevention of waste;
</P>
<P>(4) Conservation of the natural resources of the OCS;
</P>
<P>(5) Coordination with relevant Federal agencies (including, in particular, those agencies involved in planning activities that are undertaken to avoid conflicts among users and maximize the economic and ecological benefits of the OCS, including multifaceted spatial planning efforts);
</P>
<P>(6) Protection of national security interests of the United States;
</P>
<P>(7) Protection of the rights of other authorized users of the OCS; and
</P>
<P>(8) Oversight, inspection, research, monitoring, and enforcement of activities authorized by a lease or grant issued under 30 CFR parts 585 or 586.
</P>
<P>(b) BSEE will require compliance with all applicable laws, regulations, other requirements, and the terms of your lease or grant issued under 30 CFR parts 585 or 586, and approved plans. BSEE will approve, disapprove, or approve with conditions any applications or other documents submitted to BSEE for approval under the provisions of this part.
</P>
<P>(c) Unless otherwise provided in this part, BSEE may give oral directives or decisions whenever prior BSEE approval is required under this part. BSEE will document in writing any such oral directives within 10 business days.
</P>
<P>(d) BSEE will establish practices and procedures to govern the collection of all payments due under this part to the Federal Government, including any cost recovery fees and other fees or payments. BSEE will do this in accordance with the terms of this part, the leasing notice, the lease or grant under 30 CFR parts 585 or 586, and applicable Office of Natural Resources Revenue (ONRR) regulations or guidance.




</P>
</DIV8>


<DIV8 N="§ 285.103" NODE="30:2.0.1.2.14.1.158.4" TYPE="SECTION">
<HEAD>§ 285.103   When may BSEE prescribe or approve departures from the regulations in this part?</HEAD>
<P>(a) BSEE may prescribe or approve departures from the provisions of this part when departures are necessary because the applicable provision(s) as applied to a specific circumstance:
</P>
<P>(1) Are impractical or unduly burdensome and the departure is necessary to achieve the intended objectives of the renewable energy program;
</P>
<P>(2) Fail to conserve the natural resources of the OCS;
</P>
<P>(3) Fail to protect life (including human and wildlife), property, or the marine, coastal, or human environment; or
</P>
<P>(4) Fail to protect sites, structures, or objects of historical or archaeological significance.
</P>
<P>(b) Any departure approved under this section and its rationale must:
</P>
<P>(1) Be consistent with subsection 8(p) of the OCS Lands Act;
</P>
<P>(2) Protect the environment and the public health and safety to the same degree as if there was no approved departure from the regulations;
</P>
<P>(3) Not impair the rights of third parties; and
</P>
<P>(4) Be documented in writing.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42713, May 15, 2024] 


</CITA>
</DIV8>


<DIV8 N="§ 285.104" NODE="30:2.0.1.2.14.1.158.5" TYPE="SECTION">
<HEAD>§ 285.104   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.105" NODE="30:2.0.1.2.14.1.158.6" TYPE="SECTION">
<HEAD>§ 285.105   What are my responsibilities under this part?</HEAD>
<P>As a lessee, applicant, operator, or holder of a ROW grant, RUE grant, or Alternate Use RUE grant, you must:
</P>
<P>(a) Design your projects and conduct all activities in a manner that ensures safety and will not cause undue harm or damage to natural resources, including their physical, atmospheric, and biological components to the extent practicable; and take measures to prevent unauthorized discharge of pollutants including marine trash and debris into the offshore environment.
</P>
<P>(b) Submit requests, applications, notices, modifications, and supplemental information to BSEE as required by this part;
</P>
<P>(c) Follow up, in writing, any oral request or notification you made, within 3 business days;
</P>
<P>(d) Comply with all applicable laws and regulations, the terms of your lease or grant under 30 CFR part 585 or 586, reports, notices, and approved plans prepared under this part, 30 CFR part 585 or 586, and any conditions imposed by BOEM or BSEE through its review of any of these reports, notices, and approved plans, as provided in this part<I> or in</I> 30 CFR part 585 or 586;
</P>
<P>(e) Make all applicable payments on time;
</P>
<P>(f) Comply with the DOI's nonprocurement debarment regulations at 2 CFR part 1400;
</P>
<P>(g) Include the requirement to comply with 2 CFR part 1400 in all contracts and transactions related to a lease or grant under this part;
</P>
<P>(h) Conduct all activities authorized by the lease or grant in a manner consistent with the provisions of subsection 8(p) of the OCS Lands Act;
</P>
<P>(i) Compile, retain, and make available to BSEE representatives, within the time specified by BSEE, any data and information related to the site assessment, design, and operations of your project; and
</P>
<P>(j) Respond to requests from the Director in a timely manner.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42713, May 15, 2024] 


</CITA>
</DIV8>


<DIV8 N="§§ 285.106-285.109" NODE="30:2.0.1.2.14.1.158.7" TYPE="SECTION">
<HEAD>§§ 285.106-285.109   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.110" NODE="30:2.0.1.2.14.1.158.8" TYPE="SECTION">
<HEAD>§ 285.110   How do I submit applications, reports, or notices required by this part?</HEAD>
<P>Unless otherwise stated, you must submit one electronic copy of all plans, applications, reports, or notices required by this part to BSEE. BSEE will inform you if it requires paper copies of specific documents. Unless stated otherwise, documents should be submitted to the relevant contacts listed on the BSEE website.

[89 FR 42713, May 15, 2024] 






</P>
</DIV8>


<DIV8 N="§ 285.111" NODE="30:2.0.1.2.14.1.158.9" TYPE="SECTION">
<HEAD>§ 285.111   When and how does BSEE charge me processing fees on a case-by-case basis?</HEAD>
<P>(a) BSEE will charge a processing fee on a case-by-case basis under the procedures in this section with regard to any application or request under this part if we decide at any time that the preparation of a particular document or study is necessary for the application or request and it will have a unique processing cost.
</P>
<P>(1) Processing costs will include contract oversight and efforts to review and approve documents prepared by contractors, whether the contractor is paid directly by the applicant or through BSEE.
</P>
<P>(2) We may apply a standard overhead rate to direct processing costs.
</P>
<P>(b) We will assess the ongoing processing fee for each individual application or request according to the following procedures:
</P>
<P>(1) Before we process your application or request, we will give you a written estimate of the proposed fee based on reasonable processing costs.
</P>
<P>(2) You may comment on the proposed fee.
</P>
<P>(3) You may:
</P>
<P>(i) Ask for our approval to perform, or to directly pay a contractor to perform, all or part of any document, study, or other activity according to standards we specify, thereby reducing our costs for processing your application or request; or
</P>
<P>(ii) Ask to pay us to perform, or contract for, all or part of any document, study, or other activity.
</P>
<P>(4) We will then give you the final estimate of the processing fee amount with payment terms and instructions after considering your comments and any BSEE-approved work you will do.
</P>
<P>(i) If we encounter higher or lower processing costs than anticipated, we will re-estimate our reasonable processing costs following the procedures in paragraphs (b)(1) through (4) of this section, but we will not stop ongoing processing unless you do not pay in accordance with paragraph (b)(5) of this section.
</P>
<P>(ii) Once processing is complete, we will refund to you the amount of money that we did not spend on processing costs.
</P>
<P>(5)(i) Consistent with the payment and billing terms provided in the final estimate, we will periodically estimate what our reasonable processing costs will be for a specific period and will bill you for that period. Payment is due to us 30 days after you receive your bill. We will stop processing your document if you do not pay the bill by the date payment is due.
</P>
<P>(ii) If a periodic payment turns out to be more or less than our reasonable processing costs for the period, we will adjust the next billing accordingly or make a refund. Do not deduct any amount from a payment without our prior written approval.
</P>
<P>(6) You must pay the entire fee before we will issue the final document or take final action on your application or request.
</P>
<P>(7) You may appeal our estimated processing costs in accordance with the regulations in 43 CFR part 4. We will not process the document further until the appeal is resolved, unless you pay the fee under protest while the appeal is pending. If the appeal results in a decision changing the proposed fee, we will adjust the fee in accordance with paragraph (b)(5)(ii) of this section. If we adjust the fee downward, we will not pay interest.




</P>
</DIV8>


<DIV8 N="§ 285.112" NODE="30:2.0.1.2.14.1.158.10" TYPE="SECTION">
<HEAD>§ 285.112   Definitions.</HEAD>
<P>Terms used in this part have the meanings as defined in this section:

P&gt;<I>Affected State</I> means with respect to any activities proposed, conducted, or approved under this part, any coastal State—
</P>
<P>(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing energy or is otherwise receiving, processing, refining, or transshipping products, or services derived from activities approved under this part;
</P>
<P>(2) That is used, or is scheduled to be used, as a support base for activities approved under this part; or
</P>
<P>(3) In which there is a reasonable probability of significant effect on land or water uses from activities approved under this part.
</P>
<P><I>Alternate Use</I> refers to the energy- or marine-related use of an existing OCS facility for activities not otherwise authorized by this title or other applicable law.
</P>
<P><I>Alternate Use RUE</I> means a right-of-use and easement issued for activities authorized under subpart J of this part or part 586.
</P>
<P><I>Archaeological resource</I> means any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest (<I>i.e.,</I> which are capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation).
</P>
<P><I>BOEM</I> means the Bureau of Ocean Energy Management of the Department of the Interior.
</P>
<P><I>BSEE</I> means the Bureau of Safety and Environmental Enforcement of the Department of the Interior.
</P>
<P><I>Certified Verification Agent (CVA)</I> means an individual or organization, experienced in the design, fabrication, and installation of offshore marine facilities or structures, who will conduct specified third-party reviews, inspections, and verifications in accordance with this part.
</P>
<P><I>Commercial activities</I> means, under renewable energy leases and grants, all activities associated with the generation, storage, or transmission of electricity or other energy product from a renewable energy project on the OCS, and for which such electricity or other energy product is intended for distribution, sale, or other commercial use, except for electricity or other energy product distributed or sold pursuant to technology-testing activities on a limited lease. This term also includes activities associated with all stages of development, including initial site characterization and assessment, facility construction, and project decommissioning.
</P>
<P><I>Commercial lease</I> means a lease issued under 30 CFR part 585 that specifies the terms and conditions under which a person can conduct commercial activities.
</P>
<P><I>Commercial operations</I> means the generation of electricity or other energy product for commercial use, sale, transmission, or distribution from a commercial lease.
</P>
<P><I>Critical Safety Systems and Equipment</I> means safety systems and equipment designed to prevent or ameliorate fires, spillages, or other major accidents that could result in harm to health, safety, or the environment in the area of your facilities.
</P>
<P><I>Decommissioning</I> means removing BOEM and BSEE approved facilities and returning the site of the lease or grant to a condition that meets the requirements under subpart I of this part.
</P>
<P><I>Director</I> means the Director of the Bureau of Safety and Environmental Enforcement (BSEE), of the U.S. Department of the Interior, or an official authorized to act on the Director's behalf.
</P>
<P><I>Fabrication</I> means the cutting, fitting, welding, or other assembly of project elements.




</P>
<P><I>Facility</I> means an installation that is permanently or temporarily attached to the seabed of the OCS. Facilities include any structures; devices; appurtenances; gathering, transmission, and distribution cables; pipelines; and permanently moored vessels. Any group of OCS installations interconnected with walkways, or any group of installations that includes a central or primary installation with one or more satellite or secondary installations, is a single facility. BOEM and BSEE may decide that the complexity of the installations justifies their classification as separate facilities.
</P>
<P><I>Grant</I> means a right-of-way, right-of-use and easement, or alternate use right-of-use and easement issued under the provisions of 30 CFR parts 585 or 586.
</P>
<P><I>Human environment</I> means the physical, social, and economic components, conditions, and factors that interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
</P>
<P><I>Lease</I> means an agreement authorizing the use of a designated portion of the OCS for activities allowed under this part or 30 CFR part 585. The term also means the area covered by that agreement, when the context requires.
</P>
<P><I>Lessee</I> means the holder of a lease, a BOEM-approved assignee, and, when describing the conduct required of parties engaged in activities on the lease, it also refers to the operator and all persons authorized by the holder of the lease or operator to conduct activities on the lease.
</P>
<P><I>Limited lease</I> means a lease issued under 30 CFR part 585 that specifies the terms and conditions under which a person may conduct activities on the OCS that support the production of energy, but do not result in the production of electricity or other energy product for sale, distribution, or other commercial use exceeding a limit specified in the lease.
</P>
<P><I>Natural resources</I> include, without limiting the generality thereof, renewable energy, oil, gas, and all other minerals (as defined in section 2(q) of the OCS Lands Act), and marine animal and marine plant life.
</P>
<P><I>Operator</I> means the individual, corporation, or association having control or management of activities on the lease or grant issued under 30 CFR parts 585 or 586. The operator may be a lessee, grant holder, or a contractor designated by the lessee or holder of a grant issued under 30 CFR parts 585 or 586.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), whose subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Person</I> means, in addition to a natural person, an association (including partnerships and joint ventures); a Federal agency; a State; a political subdivision of a State; a Native American Tribal government; or a private, public, or municipal corporation.
</P>
<P><I>Project,</I> for the purposes of defining the source of revenues to be shared, means a lease ROW, RUE, or Alternate Use RUE on which the activities authorized under this part or 30 CFR parts 585 or 586 are conducted on the OCS. The term “project” may be used elsewhere in this rule to refer to these same authorized activities, the facilities used to conduct these activities, or to the geographic area of the project, <I>i.e.,</I> the project area.
</P>
<P><I>Project Design Envelope (PDE)</I> means a reasonable range of design parameters proposed in a lessee's plan for components of the project, such as type, dimensions, and number of wind turbine generators; foundation type; location of the export cable route; location of an onshore substation; location of the grid connection point; and construction methods and timing.
</P>
<P><I>Project easement</I> means an easement to which, upon approval of your Construction and Operations Plan (COP) or General Activities Plan (GAP), you are entitled as part of the lease for the purpose of installing, gathering, transmission, and distribution cables, pipelines, and appurtenances on the OCS as necessary for the full enjoyment of the lease.
</P>
<P><I>Renewable energy</I> means energy resources other than oil and gas and minerals as defined in 30 CFR part 580. Such resources include, but are not limited to, wind, solar, and ocean waves, tides, and current.
</P>
<P><I>Revenues</I> mean bonuses, rents, operating fees, and similar payments made in connection with a project or project area. It does not include administrative fees such as those assessed for cost recovery, civil penalties, and forfeiture of financial assurance.
</P>
<P><I>Right-of-use and easement (RUE) grant</I> means an easement issued by BOEM under 30 CFR parts 585 or 586 that authorizes use of a designated portion of the OCS to support activities on a lease or other use authorization for renewable energy activities. The term also means the area covered by the authorization.
</P>
<P><I>Right-of-way (ROW) grant</I> means an authorization issued by BOEM under 30 CFR part 585 to use a portion of the OCS for the construction and use of a cable or pipeline for the purpose of gathering, transmitting, distributing, or otherwise transporting electricity or other energy product generated or produced from renewable energy, but does not constitute a project easement under 30 CFR part 585. The term also means the area covered by the authorization.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
</P>
<P><I>Significant archaeological resource</I> means an archaeological resource that meets the criteria of significance for eligibility for listing in the National Register of Historic Places, as defined in 36 CFR 60.4, or its successor.
</P>
<P><I>Site assessment activities</I> means those initial activities conducted to assess an area on the OCS, such as resource assessment surveys (e.g., meteorological and oceanographic) or technology testing, involving the installation of bottom-founded facilities.
</P>
<P><I>We, us,</I> and <I>our</I> refer to the Bureau of Safety and Environmental Enforcement of the Department of the Interior, or its possessive, depending on the context.
</P>
<P><I>You</I> and <I>your</I> means an applicant, lessee, the operator, or designated operator, ROW grant holder, RUE grant holder, or Alternate Use RUE grant holder under 30 CFR parts 585 or 586, or the designated agent of any of these, or the possessive of each, depending on the context. The terms <I>you</I> and <I>your</I> also include contractors and subcontractors of the entities specified in the preceding sentence.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42713, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.113" NODE="30:2.0.1.2.14.1.158.11" TYPE="SECTION">
<HEAD>§ 285.113   How will data and information obtained by BSEE under this part be disclosed to the public?</HEAD>
<P>(a) BSEE will make data and information available in accordance with the requirements and subject to the limitations of the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the regulations contained in 43 CFR part 2.
</P>
<P>(b) BSEE will not release such data and information that we have determined is exempt from disclosure under exemption 4 of FOIA. We will review such data and information and objections of the submitter by the following schedule to determine whether release at that time will result in substantial competitive harm or disclosure of trade secrets.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a . . .
</TH><TH class="gpotbl_colhed" scope="col">Then BSEE will review data and information for possible release:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Commercial lease</TD><TD align="left" class="gpotbl_cell">At the earlier of: (i) 3 years after the commencement of commercial operations; or (ii) 3 years after the lease terminates.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Limited lease</TD><TD align="left" class="gpotbl_cell">At 3 years after the lease terminates.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) ROW or RUE grant</TD><TD align="left" class="gpotbl_cell">At the earliest of:


<br/>(i) 10 years after the approval of the grant;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Grant termination; or
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) 3 years after the completion of construction activities.</TD></TR></TABLE></DIV></DIV>
<P>(c) After considering any objections from the submitter, if we determine that release of such data and information will result in:
</P>
<P>(1) No substantial competitive harm or disclosure of trade secrets, then the data and information will be released.
</P>
<P>(2) Substantial competitive harm or disclosure of trade secrets, then the data and information will not be released at that time but will be subject to further review every 3 years thereafter.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42714, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.114" NODE="30:2.0.1.2.14.1.158.12" TYPE="SECTION">
<HEAD>§ 285.114   Paperwork Reduction Act statements—information collection.</HEAD>
<P>(a) The Office of Management and Budget (OMB) has approved the information collection requirements in 30 CFR part 285 under 43 U.S.C. 1331 <I>et seq.</I> and assigned OMB Control Number 1014-0034. The table in paragraph (e) of this section lists the subparts in the rule requiring the information and its title, summarizes the reasons for collecting the information, and summarizes how BSEE uses the information.
</P>
<P>(b) Respondents are primarily renewable energy applicants, lessees, ROW grant holders, RUE grant holders, Alternate Use RUE grant holders, and operators. The requirement to respond to the information collection in this part is mandated under subsection 8(p) of the OCS Lands Act. Some responses are also required to obtain or retain a benefit, or may be voluntary.
</P>
<P>(c) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 <I>et seq.</I>) requires us to inform the public that an agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Comments regarding any aspect of the collections of information under this part, including suggestions for reducing the burden, should be sent to the Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
</P>
<P>(e) BSEE is collecting this information for the reasons given in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">30 CFR 285 subpart and title
</TH><TH class="gpotbl_colhed" scope="col">Reasons for collecting information and how used
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Subpart A—General Provisions</TD><TD align="left" class="gpotbl_cell">To inform BSEE of actions taken to comply with general operational requirements on the OCS. To ensure that operations on the OCS meet statutory and regulatory requirements, are safe and protect the environment, and result in diligent development on OCS leases.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Subpart D—Lease and Grant Administration</TD><TD align="left" class="gpotbl_cell">To ensure compliance with regulations pertaining to a lease or grant, and suspension of leases and grants.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3)Subpart F—Information Requirements</TD><TD align="left" class="gpotbl_cell">To enable BSEE to comply with Federal laws to ensure the safety of the environment on the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Subpart G—Facility Design, Fabrication, and Installation</TD><TD align="left" class="gpotbl_cell">To enable BSEE to review the final design, fabrication, and installation of facilities on a lease or grant to ensure that these facilities are designed, fabricated, and installed according to appropriate standards in compliance with BSEE provisions, and where applicable, the approved plan.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs</TD><TD align="left" class="gpotbl_cell">To ensure that lease and grant operations are conducted in a manner that is safe and protects the environment. To ensure compliance with other Federal laws, these regulations, the lease or grant, and approved plans.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Subpart I—Decommissioning</TD><TD align="left" class="gpotbl_cell">To determine that decommissioning activities comply with regulatory requirements and approvals. To ensure that site clearance and platform or pipeline removal are properly performed to protect marine life and the environment and do not conflict with other users of the OCS.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Subpart J—Rights of Use and Easement for Energy- and Marine- Related Activities Using Existing OCS Facilities</TD><TD align="left" class="gpotbl_cell">To enable BSEE to review information regarding the design, installation, and operation of RUEs on the OCS, to ensure that RUE operations are safe and protect the human, marine, and coastal environment. To ensure compliance with other Federal laws, these regulations, the RUE grant, and where applicable, the approved plan.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023; 88 FR 54880, Aug. 14, 2023]




</CITA>
</DIV8>


<DIV8 N="§ 285.115" NODE="30:2.0.1.2.14.1.158.13" TYPE="SECTION">
<HEAD>§ 285.115   Documents incorporated by reference.</HEAD>
<P>Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at BSEE and at the National Archives and Records Administration (NARA). Contact BSEE at: BSEE, 45600 Woodland Road, Sterling, Virginia 20166, phone: 703-787-1665. For information on the availability of this material at NARA, visit <I>www.archives.gov/federal-register/cfr/ibr-locations.html</I> or email <I>fr.inspection@nara.gov</I>. The material is available from the American Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100, Washington, DC 20001-5571; phone (202) 682-8000; website: <I>www.api.org</I> or <I>https://publications.api.org</I>.
</P>
<P>(a) API RP 2A-WSD, Recommended Practice for Planning, Designing and Constructing Fixed Offshore Platforms—Working Stress Design; Twenty-first Edition, December 2000; Errata and Supplement 1, December 2002; Errata and Supplement 2, September 2005; Errata and Supplement 3, October 2007. IBR approved for § 285.825(a), (b).
</P>
<P>(b) [Reserved]




</P>
</DIV8>


<DIV8 N="§ 285.116" NODE="30:2.0.1.2.14.1.158.14" TYPE="SECTION">
<HEAD>§ 285.116   Requests for information on the state of the offshore renewable energy industry.</HEAD>
<P>BSEE may publish a request for information (RFI) in the <E T="04">Federal Register</E> to solicit information from industry, State and local agencies, federally recognized Tribes, and other interested entities for evaluating the offshore renewable energy industry, including the identification of potential challenges or obstacles to its continued development. An RFI may relate to the identification of environmental, technical, regulatory, or economic matters that promote or detract from continued development of renewable energy technologies on the OCS. BSEE may use the information received to refine its renewable energy program, including to facilitate OCS renewable energy development in a safe and environmentally responsible manner and to ensure a fair return to the United States for use of the OCS.
</P>
<CITA TYPE="N">[89 FR 42714, May 15, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 285.117" NODE="30:2.0.1.2.14.1.158.15" TYPE="SECTION">
<HEAD>§ 285.117   Severability.</HEAD>
<P>If a court holds any provisions of this subpart or their applicability to any persons or circumstances invalid, the remainder of the provisions and their applicability to any persons or circumstances will not be affected.
</P>
<CITA TYPE="N">[89 FR 42714, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.118" NODE="30:2.0.1.2.14.1.158.16" TYPE="SECTION">
<HEAD>§ 285.118   What are my appeal rights?</HEAD>
<P>(a) Any party adversely affected by a final decision issued by BSEE under this part may appeal that decision to the Interior Board of Land Appeals (IBLA), under 30 CFR part 290 and 43 CFR part 4, subpart E.
</P>
<P>(b) Any final decision will remain in full force and effect during the pendency of an appeal unless a stay is granted pursuant to 43 CFR part 4.
</P>
<CITA TYPE="N">[89 FR 42714, May 15, 2024]








</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.1.2.14.2" TYPE="SUBPART">
<HEAD>Subparts B and C [Reserved]</HEAD>

</DIV6>


<DIV6 N="D" NODE="30:2.0.1.2.14.3" TYPE="SUBPART">
<HEAD>Subpart D—Lease and Grant Administration</HEAD>


<DIV7 N="158" NODE="30:2.0.1.2.14.3.158" TYPE="SUBJGRP">
<HEAD>Noncompliance and Cessation Orders</HEAD>


<DIV8 N="§ 285.400" NODE="30:2.0.1.2.14.3.158.1" TYPE="SECTION">
<HEAD>§ 285.400   What happens if I fail to comply with this part?</HEAD>
<P>(a) BSEE may take appropriate corrective action under this part if you fail to comply with applicable provisions of Federal law, the regulations in this part, other applicable regulations, any order of the Director, the provisions of a lease or grant issued under 30 CFR parts 585 or 586, or the requirements of an approved plan or other approval under this part or 30 CFR parts 585 or 586.
</P>
<P>(b) BSEE may issue to you a notice of noncompliance if we determine that there has been a violation of the regulations in this part, any order of the Director, or any provision of your lease, grant or other approval issued under this part or 30 CFR parts 585 or 586. When issuing a notice of noncompliance, BSEE will serve you at your last known address.
</P>
<P>(c) A notice of noncompliance will tell you how you failed to comply with this part, any order of either Director, and/or the provisions of your lease, grant or other approval, and will specify what you must do to correct the noncompliance and the time limits within which you must act.
</P>
<P>(d) Failure of a lessee, operator, or grant holder under this part to take the actions specified in a notice of noncompliance within the time limit specified provides the basis for BSEE to issue a cessation order as provided in § 285.401, and/or a cancellation of the lease or grant as provided in § 285.437.
</P>
<P>(e) If BSEE determines that any incident of noncompliance poses an imminent threat of serious or irreparable damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance, BSEE may include with its notice of noncompliance an order directing you to take immediate remedial action to alleviate threats and to abate the violation and, when appropriate, a cessation order.
</P>
<P>(f) BSEE may assess civil penalties, as authorized by section 24 of the OCS Lands Act and as determined under the procedures set forth in 30 CFR part 250, subpart N, if you fail to comply with any provision of this part, or any term of a lease, grant, or order issued under the authority of this part:
</P>
<P>(1) After notice of such failure and expiration of any reasonable period allowed for corrective action; or
</P>
<P>(2) BSEE determines that the failure constitutes, or constituted, a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, or the marine, coastal, or human environment.
</P>
<P>(g) You may be subject to criminal penalties as authorized by section 24 of the OCS Lands Act.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42714, May 15, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 285.401" NODE="30:2.0.1.2.14.3.158.2" TYPE="SECTION">
<HEAD>§ 285.401   When may BSEE issue a cessation order?</HEAD>
<P>(a) BSEE may issue a cessation order during the term of your lease or grant when you fail to comply with an applicable law; regulation; order; or provision of a lease, grant, plan, or BSEE or BOEM approval. Except as provided in § 285.400(e), BSEE will allow you a period of time to correct any noncompliance before issuing an order to cease activities.
</P>
<P>(b) A cessation order will set forth what measures you are required to take, including reports you are required to prepare and submit to BSEE, to receive approval to resume activities on your lease or grant.




</P>
</DIV8>


<DIV8 N="§ 285.402" NODE="30:2.0.1.2.14.3.158.3" TYPE="SECTION">
<HEAD>§ 285.402   What is the effect of a cessation order?</HEAD>
<P>(a) Upon receiving a cessation order, you must cease all activities on your lease or grant, as specified in the order. BSEE may authorize certain activities during the period of the cessation order.
</P>
<P>(b) A cessation order will last for the period specified in the order or as otherwise specified by BSEE. If BSEE determines that the circumstances giving rise to the cessation order cannot be resolved within a reasonable time period, the Secretary may initiate cancellation of your lease or grant, as provided in § 285.437.
</P>
<P>(c) A cessation order does not extend the term of your lease or grant for the period you are prohibited from conducting activities.
</P>
<P>(d) You must continue to make all required payments on your lease or grant during the period a cessation order is in effect.




</P>
</DIV8>


<DIV8 N="§ 285.403-285.405" NODE="30:2.0.1.2.14.3.158.4" TYPE="SECTION">
<HEAD>§ 285.403-285.405   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="159" NODE="30:2.0.1.2.14.3.159" TYPE="SUBJGRP">
<HEAD>Responsibility for Fulfilling Obligations</HEAD>


<DIV8 N="§ 285.406" NODE="30:2.0.1.2.14.3.159.5" TYPE="SECTION">
<HEAD>§ 285.406   Who is responsible for fulfilling lease and grant obligations?</HEAD>
<P>(a) When you are not the sole lessee or grantee, you and your co-lessee(s) or co-grantee(s) are jointly and severally responsible for fulfilling your obligations under the lease or grant and the provisions of this part or 30 CFR parts 585 or 586, unless otherwise provided in this part.
</P>
<P>(b) If your designated operator fails to fulfill any of your obligations under the lease or grant and this part or 30 CFR parts 585 or 586, BSEE may require you or any or all of your co-lessees or co-grantees to fulfill those obligations or other operational obligations under the OCS Lands Act, the lease, grant, or the regulations.
</P>
<P>(c) Whenever the regulations in this part or 30 CFR parts 585 or 586 require the lessee or grantee to conduct an activity in a prescribed manner, the lessee or grantee and operator (if one has been designated) are jointly and severally responsible for complying with the regulations.




</P>
</DIV8>


<DIV8 N="§ 285.407-285.414" NODE="30:2.0.1.2.14.3.159.6" TYPE="SECTION">
<HEAD>§ 285.407-285.414   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="160" NODE="30:2.0.1.2.14.3.160" TYPE="SUBJGRP">
<HEAD>Lease or Grant Suspension</HEAD>


<DIV8 N="§ 285.415" NODE="30:2.0.1.2.14.3.160.7" TYPE="SECTION">
<HEAD>§ 285.415   What is a lease or grant suspension?</HEAD>
<P>(a) A suspension is an interruption of the term of your lease or grant that may occur as ordered by BSEE, as provided in § 285.417; or as approved or ordered by BOEM, as provided in 30 CFR 585.416 and 585.417.
</P>
<P>(b) A suspension extends the expiration date for the relevant period of your lease or grant for the length of time the suspension is in effect.
</P>
<P>(c) Activities may not be conducted on your lease or grant during the period of a suspension except as expressly authorized under the terms of the suspension.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42714, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.416" NODE="30:2.0.1.2.14.3.160.8" TYPE="SECTION">
<HEAD>§ 285.416   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.417" NODE="30:2.0.1.2.14.3.160.9" TYPE="SECTION">
<HEAD>§ 285.417   When may BSEE order a suspension?</HEAD>
<P>(a) BSEE may order a suspension under the following circumstances:
</P>
<P>(1) When necessary to comply with judicial decrees prohibiting some or all activities under your lease; or
</P>
<P>(2) When continued activities pose an imminent threat of serious or irreparable harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance.
</P>
<P>(b) If BSEE orders a suspension under paragraph (a)(2) of this section, and if you wish to resume activities, we may require you to conduct a site-specific study that evaluates the cause of the harm, the potential damage, and the available mitigation measures. Other requirements and actions may occur:
</P>
<P>(1) You may be required to pay for the study;
</P>
<P>(2) You must furnish an electronic copy of the study and results to BSEE pursuant to § 285.110;
</P>
<P>(3) We will make the results available to other interested parties and to the public; and
</P>
<P>(4) We will use the results of the study and any other information that become available:
</P>
<P>(i) To decide if the suspension order can be lifted; and
</P>
<P>(ii) To determine any actions that you must take to mitigate or avoid any damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42714, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.418" NODE="30:2.0.1.2.14.3.160.10" TYPE="SECTION">
<HEAD>§ 285.418   How will BSEE issue a suspension?</HEAD>
<P>(a) BSEE will issue a suspension order orally or in writing.
</P>
<P>(b) BSEE will send you a written suspension order as soon as practicable after issuing an oral suspension order.
</P>
<P>(c) The written order will explain the reasons for its issuance and describe the effect of the suspension order on your lease or grant and any associated activities. BSEE may authorize certain activities during the period of the suspension, as set forth in the suspension order.




</P>
</DIV8>


<DIV8 N="§ 285.419" NODE="30:2.0.1.2.14.3.160.11" TYPE="SECTION">
<HEAD>§ 285.419   What are my immediate responsibilities if I receive a suspension order?</HEAD>
<P>You must comply with the terms of a suspension order upon receipt and take any action prescribed within the time set forth therein.




</P>
</DIV8>


<DIV8 N="§ 285.420" NODE="30:2.0.1.2.14.3.160.12" TYPE="SECTION">
<HEAD>§ 285.420   What effect does a suspension order have on my payments?</HEAD>
<P>If BSEE orders a suspension, as provided in § 285.417, BOEM may waive or defer your payment obligations during the suspension. BOEM's decision to waive or defer payments will depend on the reasons for the suspension, including your responsibility for the circumstances necessitating a suspension.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42714, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.421" NODE="30:2.0.1.2.14.3.160.13" TYPE="SECTION">
<HEAD>§ 285.421   How long will a suspension be in effect?</HEAD>
<P>A suspension will be in effect for the period specified by BSEE. If BSEE determines that the circumstances giving rise to a suspension ordered under § 285.417 cannot be resolved within 5 years, the Secretary may initiate cancellation of the lease or grant, as provided in § 285.437.


</P>
</DIV8>


<DIV8 N="§§ 285.422-285.432" NODE="30:2.0.1.2.14.3.160.14" TYPE="SECTION">
<HEAD>§§ 285.422-285.432   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="161" NODE="30:2.0.1.2.14.3.161" TYPE="SUBJGRP">
<HEAD>Lease or Grant Termination</HEAD>


<DIV8 N="§ 285.433" NODE="30:2.0.1.2.14.3.161.15" TYPE="SECTION">
<HEAD>§ 285.433   What must I do after my lease or grant terminates?</HEAD>
<P>(a) After your lease or grant terminates, you must:
</P>
<P>(1) Make all payments due; and
</P>
<P>(2) Perform any other outstanding obligations under the lease or grant within 6 months.
</P>
<P>(b) Within 2 years following termination of a lease or grant, you must remove or dispose of all facilities, installations, and other devices permanently or temporarily attached to the seabed on the OCS in accordance with your Plan approved by BOEM under 30 CFR part 585, subpart F, and your application approved by BSEE under subpart I of this part.
</P>
<P>(c) If you fail to comply with your approved decommissioning plan or application:
</P>
<P>(1) BOEM may call for the forfeiture of your financial assurance; and
</P>
<P>(2) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure.




</P>
</DIV8>


<DIV8 N="§§ 285.434-285.436" NODE="30:2.0.1.2.14.3.161.16" TYPE="SECTION">
<HEAD>§§ 285.434-285.436   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="162" NODE="30:2.0.1.2.14.3.162" TYPE="SUBJGRP">
<HEAD>Lease or Grant Cancellation</HEAD>


<DIV8 N="§ 285.437" NODE="30:2.0.1.2.14.3.162.17" TYPE="SECTION">
<HEAD>§ 285.437   When can my lease or grant be canceled?</HEAD>
<P>(a) The Secretary will cancel any lease or grant issued under 30 CFR parts 585 or 586 upon proof that it was obtained by fraud or misrepresentation, and after notice and opportunity to be heard has been afforded to the lessee or grant holder.
</P>
<P>(b) The Secretary may cancel any lease or grant issued under 30 CFR parts 585 or 586 when:
</P>
<P>(1) The Secretary determines after notice and opportunity for a hearing that, with respect to the lease or grant that would be canceled, the lessee or grantee has failed to comply with any applicable provision of the OCS Lands Act or these regulations; any order of the Director; or any term, condition or stipulation contained in the lease or grant, and that the failure to comply continued 30 days (or other period BSEE specifies) after you receive notice from BSEE. The Secretary will mail a notice by registered or certified letter to the lessee or grantee at its record post office address;
</P>
<P>(2) Required by national security or defense; or
</P>
<P>(3) The Secretary determines after notice and opportunity for a hearing that continued activity under the lease or grant:
</P>
<P>(i) Would cause serious harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
</P>
<P>(ii) That the threat of harm or damage would not disappear or decrease to an acceptable extent within a reasonable period of time; and
</P>
<P>(iii) The advantages of cancellation outweigh the advantages of continuing the lease or grant in force.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="E" NODE="30:2.0.1.2.14.4" TYPE="SUBPART">
<HEAD>Subpart E [Reserved]</HEAD>

</DIV6>


<DIV6 N="F" NODE="30:2.0.1.2.14.5" TYPE="SUBPART">
<HEAD>Subpart F—Information Requirements</HEAD>


<DIV8 N="§§ 285.600-285.601" NODE="30:2.0.1.2.14.5.163.1" TYPE="SECTION">
<HEAD>§§ 285.600-285.601   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.602" NODE="30:2.0.1.2.14.5.163.2" TYPE="SECTION">
<HEAD>§ 285.602   What records must I maintain?</HEAD>
<P>Until BOEM releases your financial assurance under 30 CFR 585.534, you must maintain and provide to BSEE, upon request, all data and information related to compliance with the required terms and conditions of your lease, grant, reports submitted under this part and approved plans.
</P>
<CITA TYPE="N">[89 FR 42715, May 15, 2024]










</CITA>
</DIV8>


<DIV8 N="§§ 285.603-285.613" NODE="30:2.0.1.2.14.5.163.3" TYPE="SECTION">
<HEAD>§§ 285.603-285.613   [Reserved]</HEAD>
</DIV8>


<DIV7 N="163" NODE="30:2.0.1.2.14.5.163" TYPE="SUBJGRP">
<HEAD>Activities Under an Approved SAP</HEAD>


<DIV8 N="§ 285.614" NODE="30:2.0.1.2.14.5.163.4" TYPE="SECTION">
<HEAD>§ 285.614   When may I begin conducting activities under my approved SAP?</HEAD>
<P>(a) You may begin conducting the activities approved in your SAP following BOEM approval of your SAP.
</P>
<P>(b) If you are installing a facility or a combination of facilities deemed by BOEM to be complex or significant, as provided in 30 CFR 585.613(a)(1), you must comply with the requirements of subpart G of this part and submit the Safety Management System (SMS) description required by § 285.810 before construction may begin.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42715, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.615" NODE="30:2.0.1.2.14.5.163.5" TYPE="SECTION">
<HEAD>§ 285.615   What other reports or notices must I submit to BSEE under my approved SAP?</HEAD>
<P>(a) You must notify BSEE in writing within 30 days of completing installation activities approved in your SAP.
</P>
<P>(b) You must submit a certification of compliance annually (or other frequency as determined by BOEM) with those terms and conditions of your SAP that BOEM identifies under 30 CFR 585.613(e)(1). Together with your certification, you must submit:
</P>
<P>(1) Summary reports that show compliance with the terms and conditions which require certification; and
</P>
<P>(2) A statement identifying and describing any mitigation measures and monitoring methods and their effectiveness. If you identified measures that were not effective, you must include your recommendations for new mitigation measures or monitoring methods.




</P>
</DIV8>


<DIV8 N="§§ 285.616-285.630" NODE="30:2.0.1.2.14.5.163.6" TYPE="SECTION">
<HEAD>§§ 285.616-285.630   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="164" NODE="30:2.0.1.2.14.5.164" TYPE="SUBJGRP">
<HEAD>Activities Under an Approved COP</HEAD>


<DIV8 N="§ 285.631" NODE="30:2.0.1.2.14.5.164.7" TYPE="SECTION">
<HEAD>§ 285.631   When must I initiate activities under an approved COP?</HEAD>
<P>After your COP is approved, you must commence construction by the date given in the construction schedule required by 30 CFR 585.626(b)(21), and included as a part of your approved COP, unless BOEM approves a deviation from your schedule.




</P>
</DIV8>


<DIV8 N="§ 285.632" NODE="30:2.0.1.2.14.5.164.8" TYPE="SECTION">
<HEAD>§ 285.632   What documents must I submit before I may construct and install facilities under my approved COP?</HEAD>
<P>(a) You must submit to BSEE the documents listed in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Document:
</TH><TH class="gpotbl_colhed" scope="col">Requirements are found in:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Facility Design Report</TD><TD align="right" class="gpotbl_cell">§ 285.701
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Fabrication and Installation Report</TD><TD align="right" class="gpotbl_cell">§ 285.702</TD></TR></TABLE></DIV></DIV>
<P>(b) You must submit your safety management system, as required by § 285.810.
</P>
<P>(c) These activities must fall within the scope of your approved COP. If they do not fall within the scope of your approved COP, you will be required to submit a revision to your COP, under 30 CFR 585.634, for BOEM approval before commencing the activity.




</P>
</DIV8>


<DIV8 N="§ 285.633" NODE="30:2.0.1.2.14.5.164.9" TYPE="SECTION">
<HEAD>§ 285.633   How do I comply with my COP?</HEAD>
<P>(a) You must submit a certification of compliance annually (or other frequency as determined by BOEM) with certain terms and conditions of your COP that BOEM identifies. Together with your certification, you must submit:
</P>
<P>(1) Summary reports that show compliance with the terms and conditions which require certification; and
</P>
<P>(2) A statement identifying and describing any mitigation measures and monitoring methods, and their effectiveness. If you identified measures that were not effective, then you must make recommendations for new mitigation measures or monitoring methods.
</P>
<P>(b) As provided at § 285.105(i), BSEE may require you to submit any supporting data and information.




</P>
</DIV8>


<DIV8 N="§§ 285.634-285.635" NODE="30:2.0.1.2.14.5.164.10" TYPE="SECTION">
<HEAD>§§ 285.634-285.635   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.636" NODE="30:2.0.1.2.14.5.164.11" TYPE="SECTION">
<HEAD>§ 285.636   What notices must I provide BSEE following approval of my COP?</HEAD>
<P>You must notify BSEE in writing of the following events, within the time periods provided:
</P>
<P>(a) No later than 30 days after commencing activities associated with the placement of facilities on the lease area under a Fabrication and Installation Report.
</P>
<P>(b) No later than 30 days after completion of construction and installation activities under a Fabrication and Installation Report.
</P>
<P>(c) At least 7 days before commencing commercial operations.




</P>
</DIV8>


<DIV8 N="§ 285.637" NODE="30:2.0.1.2.14.5.164.12" TYPE="SECTION">
<HEAD>§ 285.637   When may I commence commercial operations on my commercial lease?</HEAD>
<P>(a) If you are conducting activities on your lease that do not require a FERC license (<I>i.e.,</I> wind power projects), then you may commence commercial operations after:
</P>
<P>(1) You submit information consistent with § 285.702(c) and (d) for facilities installed prior to commencing commercial operations;
</P>
<P>(2) Your CVA submits the project verification report, as described in § 285.708(a)(5), including information required by § 285.708(b)(1), or interim report(s), as described in § 285.712(a) for facilities installed prior to commencing commercial operations;
</P>
<P>(3) Your CVA submits the Critical Safety Systems and Equipment commissioning records, as described in § 285.708(a)(6) or interim report(s), as described in § 285.712(a), for facilities installed prior to commencing commercial operations; and
</P>
<P>(4) BSEE has not notified you of any objections to the submittals in paragraphs (a)(1) and (3) of this section within the timeframes in §§ 285.700(d) and 285.712(a), as applicable. You may continue commercial operations while BSEE reviews your submittals.
</P>
<P>(b) To continue commercial operations as additional facilities complete commissioning, you must submit information in paragraphs (a)(1) and (3) of this section for facilities installed after commercial operations have commenced.
</P>
<P>(c) You must notify BSEE within 10 business days after you commence commercial operations.
</P>
<CITA TYPE="N">[89 FR 42715, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.638" NODE="30:2.0.1.2.14.5.164.13" TYPE="SECTION">
<HEAD>§ 285.638   What must I do upon completion of my commercial operations as approved in my COP or FERC license?</HEAD>
<P>(a) Upon completion of your approved activities under your COP, you must decommission your project as set forth in subpart I of this part.  You must submit your decommissioning application as provided in §§ 285.905 and 285.906.
</P>
<P>(b) Upon completion of your approved activities under your FERC license, the terms of your FERC license will govern your decommissioning activities.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42715, May 15, 2024]


</CITA>
</DIV8>


<DIV8 N="§§ 285.639-285.649" NODE="30:2.0.1.2.14.5.164.14" TYPE="SECTION">
<HEAD>§§ 285.639-285.649   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="165" NODE="30:2.0.1.2.14.5.165" TYPE="SUBJGRP">
<HEAD>Activities Under an Approved GAP</HEAD>


<DIV8 N="§ 285.650" NODE="30:2.0.1.2.14.5.165.15" TYPE="SECTION">
<HEAD>§ 285.650   When may I begin conducting activities under my GAP?</HEAD>
<P>After BOEM approves your GAP, you may begin conducting the approved activities that do not involve a project easement or the construction of facilities on the OCS that BOEM has deemed to be complex or significant.




</P>
</DIV8>


<DIV8 N="§ 285.651" NODE="30:2.0.1.2.14.5.165.16" TYPE="SECTION">
<HEAD>§ 285.651   When may I construct complex or significant OCS facilities on my limited lease or any facilities on my project easement proposed under my GAP?</HEAD>
<P>If you are applying for a project easement, or installing a facility or a combination of facilities on your limited lease deemed by BOEM to be complex or significant, as provided in 30 CFR 585.648(a)(1), you also must comply with the requirements of subpart G of this part and submit your safety management system description required by § 285.810 before construction may begin.




</P>
</DIV8>


<DIV8 N="§ 285.652" NODE="30:2.0.1.2.14.5.165.17" TYPE="SECTION">
<HEAD>§ 285.652   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.653" NODE="30:2.0.1.2.14.5.165.18" TYPE="SECTION">
<HEAD>§ 285.653   What other reports or notices must I submit to BSEE under my approved GAP?</HEAD>
<P>(a) You must notify BSEE in writing within 30 days after completing installation activities approved in your GAP
</P>
<P>(b) You must annually (or other frequency as determined by BOEM) submit a certification of compliance with those terms and conditions of your GAP that BOEM identifies under 30 CFR 585.648(e)(1). Together with your certification, you must submit:
</P>
<P>(1) Summary reports that show compliance with the terms and conditions which require certification; and
</P>
<P>(2) A statement identifying and describing any mitigation measures and monitoring methods and their effectiveness. If you identified measures that were not effective, you must include your recommendations for new mitigation measures or monitoring methods.




</P>
</DIV8>


<DIV8 N="§§ 285.654-285.659" NODE="30:2.0.1.2.14.5.165.19" TYPE="SECTION">
<HEAD>§§ 285.654-285.659   [Reserved]</HEAD>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="G" NODE="30:2.0.1.2.14.6" TYPE="SUBPART">
<HEAD>Subpart G—Facility Design, Fabrication, and Installation</HEAD>


<DIV7 N="166" NODE="30:2.0.1.2.14.6.166" TYPE="SUBJGRP">
<HEAD>Reports</HEAD>


<DIV8 N="§ 285.700" NODE="30:2.0.1.2.14.6.166.1" TYPE="SECTION">
<HEAD>§ 285.700   What reports must I submit to BSEE before installing facilities described in my approved SAP, COP, or GAP?</HEAD>
<P>(a) You must submit the following reports to BSEE before installing facilities described in your approved COP (30 CFR 585.632(a)) and, when required by 30 CFR part 585, in your approved SAP (30 CFR 585.614(b)) or GAP (30 CFR 585.651):
</P>
<P>(1) A Facility Design Report (FDR); and
</P>
<P>(2) A Fabrication and Installation Report (FIR).
</P>
<P>(b) You may submit separate FDRs and FIRs for integrated asset packages unless otherwise agreed to by BSEE (<I>e.g.,</I> wind turbine generator (WTG), offshore substation/electrical service platform, array cables, export cables, and seabed preparation). If you submit separate FDRs and FIRs by integrated asset packages, you must:
</P>
<P>(1) Ensure FDR(s) and FIR(s) for integrated asset package(s) are complete (e.g., the WTG package includes the RNA, blades, tower, foundation, and transition piece, if applicable);
</P>
<P>(2) Explain to BSEE how all FDR(s) and FIR(s) for integrated asset packages will function together effectively in an integrated manner in accordance with your project design; and
</P>
<P>(3) Demonstrate that such integration has been verified by your CVA.
</P>
<P>(c) You may submit your FDRs and FIRs before or after SAP, COP, or GAP approval.
</P>
<P>(d) Subject to the requirements in paragraph (b) of this section, you may commence fabrication and installation of the facilities on the OCS as described in each report:
</P>
<P>(1) If BSEE deems your report submitted before SAP, COP, or GAP approval and notifies you of its non-objection to the FDR and FIR or does not respond with objections within 60 business days of SAP, COP, or GAP approval; or
</P>
<P>(2) If BSEE deems your report submitted after SAP, COP, or GAP approval and notifies you of its non-objection to the FDR and FIR or does not respond with objections within 60 business days of the report being deemed submitted.
</P>
<P>(e) You may commence procurement of discrete parts of the project that are commercially available in standardized form and type-certified components, or fabrication activities that do not take place on the OCS (e.g., manufacturing), prior to the submittal of the reports required under paragraph (a) of this section or any plans required under 30 CFR parts 585 and 586. The procurement and fabrication of facility components allowed under this section are subject to verification and certification by your CVA, and BSEE may object to the installation of said components on the OCS if it considers that the components or their fabrication are inconsistent with accepted industry or engineering standards, the approved SAP, COP, or GAP, the FDR or FIR, or BSEE's regulations.
</P>
<P>(f) If BSEE has objections, we will notify you in writing within 60 business days of the report being deemed submitted. Following initial notification of any objections, BSEE may follow up with written correspondence detailing its objections to the report and requesting that certain actions be undertaken. You cannot commence fabrication or installation activities on the OCS that are addressed in such reports until you resolve all objections to BSEE's satisfaction.
</P>
<CITA TYPE="N">[89 FR 42715, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.701" NODE="30:2.0.1.2.14.6.166.2" TYPE="SECTION">
<HEAD>§ 285.701   What must I include in my Facility Design Report?</HEAD>
<P>(a) Your Facility Design Report provides specific details of the design of any facilities, including cables and pipelines that are outlined in your BOEM-approved SAP, COP, or GAP. Your Facility Design Report must demonstrate that your design conforms to your responsibilities listed in § 285.105(a). You must include the following items in your Facility Design Report:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Required documents
</TH><TH class="gpotbl_colhed" scope="col">Required contents
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Cover letter</TD><TD align="left" class="gpotbl_cell">(i) Proposed facility designations:


<br/>(ii) Lease, ROW grant or RUE grant number;

<br/>(iii) Area; name and block numbers; and

<br/>(iv) The type of facility.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Location plat</TD><TD align="left" class="gpotbl_cell">(i) Latitude and longitude coordinates, Universal Mercator grid-system coordinates, State plane coordinates in the Lambert or Transverse Mercator Projection System;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) Distances in feet from the nearest block lines. These coordinates must be based on the NAD (North American Datum) 83 datum plane coordinate system; and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) The location of any project easements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Front, Side, and Plan View drawings</TD><TD align="left" class="gpotbl_cell">(i) Facility dimensions and orientation;


<br/>(ii) Elevations relative to Mean Lower Low Water; and

<br/>(iii) Pile sizes and penetration.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Complete set of structural drawings</TD><TD align="left" class="gpotbl_cell">The approved for construction fabrication drawings should be submitted including, e.g.,


<br/>(i) Cathodic protections systems;

<br/>(ii) Jacket design;

<br/>(iii) Pile foundations;

<br/>(iv) Mooring, tendon and tethering systems;

<br/>(v) Foundations and anchoring systems; and

<br/>(vi) Associated cable and pipeline designs.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Summary of environmental data used for design</TD><TD align="left" class="gpotbl_cell">A summary of the environmental data used in the design or analysis of the facility. Examples of relevant data include information on:


<br/>(i) Extreme weather;

<br/>(ii) Seafloor conditions; and

<br/>(iii) Waves, wind, current, tides, temperature, snow and ice effects, marine growth, and water depth.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Summary of the engineering design data</TD><TD align="left" class="gpotbl_cell">(i) Loading information (<E T="03">e.g.,</E> live, dead, environmental);


<br/>(ii) Structural information (<E T="03">e.g.,</E> design-life; material types; cathodic protection systems; design criteria; fatigue life; jacket design; deck design; production component design; foundation pilings and templates, and mooring, tethering or tendon systems; fabrication and installation guidelines);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) Location of foundation boreholes and foundation piles;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) Foundation information (e.g., soil stability, design criteria); and
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(v) For a floating facility, structural integrity, stability, and ballast information. This includes foundations, piles, templates, anchors or anchor systems, mooring, tethering and tendon systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) A complete set of design calculations</TD><TD align="left" class="gpotbl_cell">Self-explanatory.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Project-specific studies used in the facility design or installation</TD><TD align="left" class="gpotbl_cell">All studies pertinent to facility design or installation, e.g., oceanographic and soil reports including the results of the survey required in 30 CFR 585.610(b), 585.626(b), or 585.645(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Description of the loads imposed on the facility</TD><TD align="left" class="gpotbl_cell">(i) Loads imposed by the jacket;


<br/>(ii) Decks;

<br/>(iii) Production components;

<br/>(iv) Foundations, foundation pilings and templates, and anchoring systems; and

<br/>(v) Mooring, tendon or tethering systems.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Geotechnical reports</TD><TD align="left" class="gpotbl_cell">Reports and supporting data from geotechnical surveys, <E T="03">in situ</E> explorations, laboratory tests, analyses, burial or drivability assessments, and recommended design parameters.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Design Standards</TD><TD align="left" class="gpotbl_cell">The industry standards you will apply to ensure the facilities are designed to meet § 285.105.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Critical Safety Systems and Equipment</TD><TD align="left" class="gpotbl_cell">A risk assessment that identifies the Critical Safety Systems and Equipment and a description of the identified Critical Safety System and Equipment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Other information</TD><TD align="left" class="gpotbl_cell">Additional information required by BSEE.</TD></TR></TABLE></DIV></DIV>
<P>(b) For any floating facility, your design must meet the requirements of the U.S. Coast Guard for structural integrity and stability (<I>e.g.,</I> verification of center of gravity) as listed in paragraph (a)(6)(v) of this section. The design must also consider:
</P>
<P>(1) Foundations, foundation pilings and templates, and anchoring systems; and
</P>
<P>(2) Mooring, tendon, or tethering systems.
</P>
<P>(c) You must submit your FDR to BSEE pursuant to § 285.110 and provide the location of records, as required in § 285.714(c).
</P>
<P>(d) If you are required to use a CVA, the FDR must include the following certification statement with accompanying justification: “The design of this structure has been certified by a BSEE-approved CVA to be in accordance with accepted engineering practices and the approved SAP, GAP, or COP, as applicable, and has been designed to provide for safety. The certified design and as-built plans and specifications will be on file at [provide location].”
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42715, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.702" NODE="30:2.0.1.2.14.6.166.3" TYPE="SECTION">
<HEAD>§ 285.702   What must I include in my Fabrication and Installation Report?</HEAD>
<P>(a) Your Fabrication and Installation Report must describe how your facilities will be fabricated and installed in accordance with the design criteria identified in the Facility Design Report; your BOEM-approved SAP, COP, or GAP; and generally accepted industry standards and practices. Your Fabrication and Installation Report must demonstrate how your facilities will be fabricated and installed in a manner that conforms to your responsibilities listed in § 285.105(a). You must include the following items in your Fabrication and Installation Report:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Required documents
</TH><TH class="gpotbl_colhed" scope="col">Required contents
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Cover letter</TD><TD align="left" class="gpotbl_cell">(i) Proposed facility designation, lease, ROW grant, or RUE grant number;


<br/>(ii) Area, name, and block number; and

<br/>(iii) The type of facility.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Schedule</TD><TD align="left" class="gpotbl_cell">Fabrication and installation schedule information.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Fabrication information</TD><TD align="left" class="gpotbl_cell">The industry standards you will use to ensure the facilities are fabricated to the design criteria identified in your Facility Design Report.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Installation process information</TD><TD align="left" class="gpotbl_cell">Details associated with the deployment activities, equipment, and materials, including onshore and offshore equipment and support, and anchoring and mooring patterns.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Federal, State, and local permits (<E T="03">e.g.,</E> EPA, Army Corps of Engineers)</TD><TD align="left" class="gpotbl_cell">Either one copy of the permit or information on the status of the application.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Quality assurance</TD><TD align="left" class="gpotbl_cell">Certificates ensuring adherence to a nationally or internationally recognized quality assurance standard. Alternate means of compliance must be approved on a case-by-case basis.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Environmental information</TD><TD align="left" class="gpotbl_cell">Information about:


<br/>(i) Water discharge;

<br/>(ii) Waste disposal;

<br/>(iii) Vessel information;

<br/>(iv) Onshore waste receiving treatment or disposal facilities; and

<br/>(v) If you submitted this data as part of your SAP, COP, or GAP, you may incorporate the information by reference.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Commissioning procedures for Critical Safety Systems and Equipment</TD><TD align="left" class="gpotbl_cell">Original equipment manufacturer procedures or other BSEE accepted engineering practices for commissioning of Critical Safety Systems and Equipment as identified in § 285.701(a)(12).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Project easement</TD><TD align="left" class="gpotbl_cell">Information about installation of any cables, pipelines, or facilities. Information on burial methods and vessels.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Other information</TD><TD align="left" class="gpotbl_cell">Additional information required by BSEE.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must submit your FIR to BSEE pursuant to § 285.110.
</P>
<P>(c) You must provide the location of records, as required in § 285.714(c).
</P>
<P>(d) If you are required to use a CVA, the FIR must include the following certification statement with accompanying justification: “The fabrication and installation of this structure has been certified by a BSEE-approved CVA to be in accordance with accepted engineering practices, the FDR, and the approved SAP, GAP, or COP, as applicable. The certified design and as-built plans and specifications will be on file at [provide location].”
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42716, May 15, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 285.703" NODE="30:2.0.1.2.14.6.166.4" TYPE="SECTION">
<HEAD>§ 285.703   What reports must I submit for project modifications and repairs?</HEAD>
<P>(a) You must submit a Project Modification or Repair Report to BSEE in which you certify that major repairs and major modifications of renewable energy structures and crucial components to a completed project conform to accepted engineering practices.
</P>
<P>(1) A “major repair” is a corrective action involving structural members affecting the structural integrity of all or a portion of the facility or substantial repair of a Critical Safety Systems and Equipment, including those identified in your FDR.
</P>
<P>(2) A “major modification” is an alteration involving structural members affecting the structural integrity of all or a portion of the facility or substantial alteration of Critical Safety Systems and Equipment, including those as identified in your FDR.
</P>
<P>(b) The report must also identify the location of all records pertaining to the major repairs or major modifications, as required in § 285.714(c).
</P>
<P>(c) If you are required to use a CVA, the report described in paragraph (a) of this section must include the following certification statement with accompanying justification: “The [major modification or major repair] of this [structure or Critical Safety Systems and Equipment] has been certified by a BSEE-approved CVA to be in accordance with accepted engineering practices, the FDR, and the approved SAP, GAP, or COP as applicable.”
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42717, May 15, 2024]










</CITA>
</DIV8>


<DIV8 N="§ 285.704" NODE="30:2.0.1.2.14.6.166.5" TYPE="SECTION">
<HEAD>§ 285.704   After receiving the FDR, FIR, or project verification reports, what will BSEE do?</HEAD>
<P>(a) <I>Determine whether the report is deemed submitted.</I> Within 20 business days after receiving your proposed FDR, FIR, or project verification report, BSEE will review your submission. BSEE will deem your FDR, FIR, or project verification report submitted if BSEE determines it is sufficiently complete and accurate to fulfill the applicable requirements of § 285.701, § 285.702, or § 285.712.
</P>
<P>(b) <I>Identify problems and deficiencies.</I> If BSEE determines that your submission has not met the conditions in paragraph (a) of this section, BSEE will notify you of the problem or deficiency within 20 business days after BSEE receives your FDR, FIR, or project verification report. BSEE will not deem your FDR, FIR, or project verification report submitted until you have corrected all problems or deficiencies identified in the notice.
</P>
<P>(c) <I>Notify you when the report is deemed submitted.</I> BSEE will notify you when the FDR, FIR, or project verification reports are deemed submitted. If BSEE has not notified you within 20 business days that your report has problems or deficiencies, it is deemed submitted. Until your report is deemed submitted, the time period in § 285.700(d) does not begin running.
</P>
<CITA TYPE="N">[89 FR 42717, May 15, 2024]






</CITA>
</DIV8>

</DIV7>


<DIV7 N="167" NODE="30:2.0.1.2.14.6.167" TYPE="SUBJGRP">
<HEAD>Certified Verification Agent</HEAD>


<DIV8 N="§ 285.705" NODE="30:2.0.1.2.14.6.167.6" TYPE="SECTION">
<HEAD>§ 285.705   When must I use a Certified Verification Agent (CVA)?</HEAD>
<P>(a) Unless BSEE waives this requirement under paragraph (c) of this section, you must use one or more CVAs to review and verify your FDRs, FIRs, and the Project Modification and Repair Reports.
</P>
<P>(b) The purpose of a CVA is to:
</P>
<P>(1) Ensure that your facilities are designed, fabricated, and installed in conformance with accepted engineering practices and the FDR(s) and FIR(s); and that the design of the facilities is suitable for the location where they will be installed;
</P>
<P>(2) Ensure Critical Safety Systems and Equipment are commissioned in accordance with the procedures identified in § 285.702(a)(8);
</P>
<P>(3) Ensure that major repairs and major modifications are completed in conformance with accepted engineering practices; and
</P>
<P>(4) Provide BSEE and you with reports of all incidents that affect the facility design, fabrication, and installation, including commissioning of Critical Safety Systems and Equipment, for the project and its components.
</P>
<P>(c) BSEE may waive in whole or in part the requirement that you use a CVA if you can demonstrate the following:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you demonstrate that . . .
</TH><TH class="gpotbl_colhed" scope="col">Then BSEE may waive the requirement for a CVA for the following:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) The facility design conforms to a standard design that has been used successfully in a similar environment, and the installation design conforms to accepted engineering practices</TD><TD align="left" class="gpotbl_cell">The design of your structure(s).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) The relevant fabricator has successfully fabricated similar facilities, and the facility will be fabricated in conformance with accepted engineering practices and to a nationally or internationally recognized quality assurance standard</TD><TD align="left" class="gpotbl_cell">The fabrication of your structure(s).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) The installation company has successfully installed similar facilities in a similar offshore environment, and your structures will be installed in conformance with accepted engineering practices</TD><TD align="left" class="gpotbl_cell">The installation of your structure(s).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Major repairs or major modifications will be completed in conformance with accepted engineering practices and to a nationally or internationally recognized quality assurance standard</TD><TD align="left" class="gpotbl_cell">The major repair or major modification on your structure(s).</TD></TR></TABLE></DIV></DIV>
<P>(d) You must submit a request to waive, in whole or in part, the requirement to use a CVA to BSEE in writing.
</P>
<P>(1) BSEE will review your request to waive, in whole or in part, the use of the CVA and notify you of its decision.
</P>
<P>(2) If BSEE does not waive, in whole or in part, the requirement for a CVA, you may file an appeal under § 285.118.
</P>
<P>(3) If BSEE waives, in whole or in part, the requirement that you use a CVA, your project engineer must perform the same duties and responsibilities as would have the CVA, except as otherwise provided. You must submit the project engineer's qualifications to BSEE as a part of your waiver request to demonstrate that your project engineer is a professional engineer with relevant experience and expertise in the facilities they will be verifying/certifying.
</P>
<CITA TYPE="N">[89 FR 42717, May 15, 2024]








</CITA>
</DIV8>


<DIV8 N="§ 285.706" NODE="30:2.0.1.2.14.6.167.7" TYPE="SECTION">
<HEAD>§ 285.706   How do I nominate a CVA for BSEE approval?</HEAD>
<P>(a) A CVA must be nominated by the lessee and approved by BSEE before conducting any verification or certification activities for which they have been nominated. If you intend to use multiple CVAs, you must nominate a general project CVA who will manage the overall project verification and certification approach and who will ensure consistency and oversight among the CVAs, especially in transition areas between different CVAs. The general project CVA must be nominated no later than COP submission.
</P>
<P>(b) For each CVA that you nominate, you must submit to BSEE a list of documents used in your design that you will forward to the CVA and a qualification statement that includes the following:
</P>
<P>(1) Previous experience in third-party verification or experience in the design, fabrication, installation, or major modification of offshore energy facilities;
</P>
<P>(2) Technical capabilities of the individual or the primary staff for the specific project, including relevant professional licenses, certifications, and accreditations;
</P>
<P>(3) Size and type of organization or corporation;
</P>
<P>(4) In-house availability of, or access to, appropriate technology (including computer programs, hardware, and testing materials and equipment);
</P>
<P>(5) Ability to perform the CVA functions for the specific project considering current commitments;
</P>
<P>(6) Previous experience with BOEM and BSEE requirements and procedures, if any; and
</P>
<P>(7) The scope and level of work to be performed by the CVA, including all relevant reports and facilities that the CVA will verify or certify.
</P>
<P>(c) Individuals or organizations acting as CVAs must not function in any capacity that will create a conflict of interest or the appearance of a conflict of interest. The CVA must not have prepared, or been directly involved in, any work related to the preparation of design, fabrication, installation, modification, or repair plans for which they will provide verification or certification services.
</P>
<P>(d) The verification and certification must be conducted by or under the direct supervision of a registered professional engineer.
</P>
<P>(e) BSEE will approve or disapprove your CVA as part of BOEM's review of your COP or, when required, of your SAP or GAP.
</P>
<P>(f) You must nominate a new CVA for BSEE approval if the previously approved CVA:
</P>
<P>(1) Is no longer able to serve in a CVA capacity for the project; or
</P>
<P>(2) No longer meets the requirements for a CVA set forth in this subpart.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42717, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.707" NODE="30:2.0.1.2.14.6.167.8" TYPE="SECTION">
<HEAD>§ 285.707   What are the CVA's primary duties for facility design review?</HEAD>
<P>If you are required to use a CVA:
</P>
<P>(a) The CVA must use good engineering judgment and practices in conducting an independent assessment of the design of the facility. The CVA must verify to BSEE that the facility is designed to withstand the environmental and functional load conditions appropriate for the intended service life at the proposed location and has been designed to minimize risk to personnel as required by § 285.105(a).
</P>
<P>(b) The CVA must conduct an independent assessment of all proposed:
</P>
<P>(1) Planning criteria;
</P>
<P>(2) Operational requirements;
</P>
<P>(3) Environmental loading data;
</P>
<P>(4) Load determinations;
</P>
<P>(5) Stress analyses;
</P>
<P>(6) Material designations;
</P>
<P>(7) Soil and foundation conditions;
</P>
<P>(8) Safety factors;
</P>
<P>(9) Risk assessments supporting the design for human safety and how the results are used in the design; and
</P>
<P>(10) Other pertinent parameters of the proposed design.
</P>
<P>(c) For any floating facility, the CVA or project engineer must also verify that any requirements of the U.S. Coast Guard for structural integrity and stability (e.g., verification of center of gravity), have been met. The CVA must also consider:
</P>
<P>(1) Foundations, foundation pilings and templates, and anchoring systems; and
</P>
<P>(2) Mooring, tendon or tethering systems.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42718, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.708" NODE="30:2.0.1.2.14.6.167.9" TYPE="SECTION">
<HEAD>§ 285.708   What are the CVA's or project engineer's primary duties for fabrication and installation review?</HEAD>
<P>(a) The CVA or project engineer must do all of the following:
</P>
<P>(1) Use good engineering judgment and practice in conducting an independent assessment of the fabrication and installation activities and of the commissioning of Critical Safety Systems and Equipment;
</P>
<P>(2) Monitor the fabrication and installation of the facility and the commissioning of Critical Safety Systems and Equipment as required by paragraph (b) of this section;
</P>
<P>(3) Make periodic onsite inspections while fabrication is in progress and verify the items required by § 285.709;
</P>
<P>(4) Make periodic onsite inspections while installation is in progress and satisfy the requirements of § 285.710;
</P>
<P>(5) Certify in Project Verification Reports that project components are fabricated and installed in accordance with accepted engineering practices and to a nationally or internationally recognized quality assurance standard or to an equivalent alternate means of quality assurance considered on a case-by-case basis, your BOEM-approved SAP, COP, or GAP (as applicable), and your FIR. If multiple CVAs are involved in your project, the general project CVA must submit the final report containing such certification for the project. The Project Verification Report must identify the location of all records pertaining to facility fabrication and installation as required in § 285.714(c);
</P>
<P>(6) Provide records documenting that Critical Safety Systems and Equipment are commissioned in accordance with the procedures identified in § 285.702(a)(8); and
</P>
<P>(7) Identify the location of all records pertaining to commissioning of Critical Safety Systems and Equipment, as required in § 285.714(c).
</P>
<P>(b) To comply with paragraphs (a)(4) and (5) of this section, the CVA or project engineer must monitor the fabrication and installation of the facility and the commissioning of Critical Safety Systems and Equipment to certify that they have been built and installed according to your FDRs and FIRs.
</P>
<P>(1) If the CVA or project engineer finds that either fabrication and installation procedures or Critical Safety Systems and Equipment commissioning procedures, or both, have been changed or design specifications have been modified, the CVA or project engineer must inform you and BSEE; and
</P>
<P>(2) If you accept the modifications, you must also inform BSEE.
</P>
<CITA TYPE="N">[89 FR 42718, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.709" NODE="30:2.0.1.2.14.6.167.10" TYPE="SECTION">
<HEAD>§ 285.709   When conducting onsite fabrication inspections, what must the CVA or project engineer verify?</HEAD>
<P>(a) To comply with § 285.708(a)(3), the CVA or project engineer must make periodic onsite inspections while fabrication is in progress and must verify the following fabrication items, as appropriate:
</P>
<P>(1) Quality control by lessee (or grant holder) and builder;
</P>
<P>(2) Fabrication site facilities;
</P>
<P>(3) Material quality and identification methods;
</P>
<P>(4) Fabrication procedures specified in your FIRs and adherence to such procedures;
</P>
<P>(5) Welder and welding procedure qualification and identification;
</P>
<P>(6) Structural tolerances specified, and adherence to those tolerances;
</P>
<P>(7) Nondestructive examination requirements and evaluation results of the specified examinations;
</P>
<P>(8) Destructive testing requirements and results;
</P>
<P>(9) Repair procedures;
</P>
<P>(10) Installation of corrosion-protection systems and splash-zone protection;
</P>
<P>(11) Erection procedures to ensure that overstressing of structural members does not occur;
</P>
<P>(12) Alignment procedures;
</P>
<P>(13) Dimensional check of the overall structure, including any turrets, turret-and-hull interfaces, any mooring line and chain and riser tensioning line segments, and tendon or tethering systems; and
</P>
<P>(14) Status of quality-control records at various stages of fabrication.
</P>
<P>(b) For any floating facility, the CVA or project engineer must also verify that any requirements of the U.S. Coast Guard for structural integrity and stability (e.g., verification of center of gravity) have been met. The CVA or project engineer must also consider:
</P>
<P>(1) Foundations, foundation pilings and templates, and anchoring systems; and
</P>
<P>(2) Mooring, tendon, or tethering systems.
</P>
<CITA TYPE="N">[89 FR 42719, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.710" NODE="30:2.0.1.2.14.6.167.11" TYPE="SECTION">
<HEAD>§ 285.710   When conducting onsite installation inspections, what must the CVA or project engineer do?</HEAD>
<P>(a) To comply with § 285.708(a)(4), the CVA or project engineer must make periodic onsite inspections while installation is in progress and must, as appropriate, verify, witness, survey, or check the installation and commissioning of items required by this section.
</P>
<P>(b) The CVA or project engineer must verify, as appropriate, all of the following:
</P>
<P>(1) Loadout and initial flotation procedures;
</P>
<P>(2) Towing operation procedures to the specified location, including a review of the towing records;
</P>
<P>(3) Launching and uprighting activities;
</P>
<P>(4) Submergence activities;
</P>
<P>(5) Pile or anchor installations;
</P>
<P>(6) Installation of mooring, tendon, and tethering systems;
</P>
<P>(7) Final deck and component installations;
</P>
<P>(8) Installation at the locations set forth in your FDR(s) and FIR(s); and
</P>
<P>(9) Commissioning of Critical Safety Systems and Equipment.
</P>
<P>(c) For a fixed or floating facility, the CVA or project engineer must verify that proper procedures were used during the following:
</P>
<P>(1) The loadout of the jacket, decks, piles, or structures from each fabrication site;
</P>
<P>(2) The actual installation of the facility or major modification and the related installation activities; and
</P>
<P>(3) Commissioning of Critical Safety Systems and Equipment.
</P>
<P>(d) For a floating facility, the CVA or project engineer must verify structural integrity, stability, and ballast, and that proper procedures were used during the following:
</P>
<P>(1) The loadout of the facility;
</P>
<P>(2) The installation of foundation pilings and templates, and anchoring systems; and
</P>
<P>(3) The installation of the mooring and tethering and tendon systems.
</P>
<P>(e) The CVA or project engineer must conduct an onsite inspection of the installed facility as approved in your CVA scope of work.
</P>
<P>(f) The CVA or project engineer must make periodic onsite inspections to witness the commissioning of Critical Safety Systems and Equipment in order to verify that:
</P>
<P>(1) The Critical Safety Systems and Equipment function as designed; and
</P>
<P>(2) The final commissioning Critical Safety Systems and Equipment records are complete.
</P>
<P>(g) The CVA or project engineer must spot-check the equipment, procedures, and recordkeeping as necessary to determine compliance with the applicable documents incorporated by reference and the regulations under this part.
</P>
<CITA TYPE="N">[89 FR 42719, May 15, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 285.711" NODE="30:2.0.1.2.14.6.167.12" TYPE="SECTION">
<HEAD>§ 285.711   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.712" NODE="30:2.0.1.2.14.6.167.13" TYPE="SECTION">
<HEAD>§ 285.712   What are the CVA's or project engineer's reporting requirements?</HEAD>
<P>(a) The CVA or project engineer must prepare and submit to you and BSEE all reports and records required by this subpart. The CVA or project engineer must also submit interim reports to you and BSEE, as requested by BSEE. BSEE will review and respond within 30 days.
</P>
<P>(b) For each report required by this subpart, the CVA or project engineer must submit the final report to BSEE pursuant to § 285.110. In each report, the CVA or project engineer must:
</P>
<P>(1) Give details of how, by whom, and when the CVA or project engineer activities were conducted;
</P>
<P>(2) Describe the CVA's or project engineer's activities during the verification process;
</P>
<P>(3) Summarize the CVA's or project engineer's findings; and
</P>
<P>(4) Provide any additional comments that the CVA or project engineer deems necessary.
</P>
<P>(5) Summarize any issues with the design and any incidents during facility fabrication and installation, or Critical Safety System and Equipment commissioning, and how those issues were resolved.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42717, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.713" NODE="30:2.0.1.2.14.6.167.14" TYPE="SECTION">
<HEAD>§ 285.713   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.714" NODE="30:2.0.1.2.14.6.167.15" TYPE="SECTION">
<HEAD>§ 285.714   What records relating to FDRs, FIRs, and Project Modification and Repair Reports must I keep?</HEAD>
<P>(a) Until BOEM releases your financial assurance under 30 CFR 585.534, you must compile, retain, and make available to BSEE, within the time specified by BSEE, all of the following:
</P>
<P>(1) The as-built drawings;
</P>
<P>(2) The design assumptions and analyses;
</P>
<P>(3) A summary of the fabrication and installation examination records;
</P>
<P>(4) The records of the commissioning of Critical Safety Systems and Equipment;
</P>
<P>(5) The inspection results from the inspections and assessments required by §§ 285.820 through 285.825; and
</P>
<P>(6) Records of repairs not covered in the inspection report submitted under § 285.824(b)(3).
</P>
<P>(b) You must record and retain the original material test results of all primary structural materials during all stages of construction until BOEM releases your financial assurance under 30 CFR 585.534. Primary material is material that, should it fail, would lead to a significant reduction in facility safety, structural reliability, or operating capabilities. Items such as steel brackets, deck stiffeners and secondary braces or beams would not generally be considered primary structural members (or materials).
</P>
<P>(c) You must provide BSEE with the location of these records, as required in §§ 285.701(c) and (d), 285.702(c) and (d), 285.703(b), and 285.708(a)(5) and (7).
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42717, May 15, 2024]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="H" NODE="30:2.0.1.2.14.7" TYPE="SUBPART">
<HEAD>Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs and GAPs</HEAD>


<DIV8 N="§ 285.800" NODE="30:2.0.1.2.14.7.168.1" TYPE="SECTION">
<HEAD>§ 285.800   How must I conduct my activities to comply with safety and environmental requirements?</HEAD>
<P>(a) You must conduct all activities on your lease or grant under this part in a manner that conforms with your responsibilities in § 285.105(a), and using:
</P>
<P>(1) Trained personnel; and
</P>
<P>(2) Technologies, precautions, and techniques that will not cause undue harm or damage to natural resources, including their physical, atmospheric, and biological components.
</P>
<P>(b) You must certify compliance with those terms and conditions identified in your approved SAP, COP, or GAP, as required under § 285.615(b), § 285.633(a), or § 285.653(b).




</P>
</DIV8>


<DIV8 N="§ 285.801" NODE="30:2.0.1.2.14.7.168.2" TYPE="SECTION">
<HEAD>§ 285.801   How must I conduct my approved activities to protect marine mammals, threatened and endangered species, and designated critical habitat?</HEAD>
<P>You must comply with all measures required under 30 CFR 585.701.




</P>
</DIV8>


<DIV8 N="§ 285.802" NODE="30:2.0.1.2.14.7.168.3" TYPE="SECTION">
<HEAD>§ 285.802   What must I do if I discover a potential archaeological resource while conducting my approved activities?</HEAD>
<P>You must comply with all measures required under 30 CFR 585.702.




</P>
</DIV8>


<DIV8 N="§ 285.803" NODE="30:2.0.1.2.14.7.168.4" TYPE="SECTION">
<HEAD>§ 285.803   How must I conduct my approved activities to protect essential fish habitats identified and described under the Magnuson-Stevens Fishery Conservation and Management Act?</HEAD>
<P>You must comply with all measures required under 30 CFR 585.703.




</P>
</DIV8>


<DIV8 N="§§ 285.804-285.809" NODE="30:2.0.1.2.14.7.168.5" TYPE="SECTION">
<HEAD>§§ 285.804-285.809   [Reserved]</HEAD>
</DIV8>


<DIV7 N="168" NODE="30:2.0.1.2.14.7.168" TYPE="SUBJGRP">
<HEAD>Safety Management Systems</HEAD>


<DIV8 N="§ 285.810" NODE="30:2.0.1.2.14.7.168.6" TYPE="SECTION">
<HEAD>§ 285.810   When must I submit a Safety Management System (SMS) and what must I include in my SMS?</HEAD>
<P>You are required to use a Safety Management System (SMS) for activities conducted on the OCS to develop or operate a lease, from met buoy placement and site assessment work through decommissioning, and to provide your SMS to BSEE upon request. You must also submit a detailed description of the SMS with your COP (as provided in 30 CFR 585.627(d)) and, when required by this part, your SAP (as provided in § 285.614(b)) or GAP (as provided in § 285.651). Your SMS must address:
</P>
<P>(a) How you will ensure the safety of your personnel or anyone else on or near your facilities, such as:
</P>
<P>(1) Health and safety risks that anyone on your facilities or engaged in lease activities are likely to face during activities covered by the SMS;
</P>
<P>(2) Policies and strategies that will be used to control such risks;
</P>
<P>(3) Procedures and nationally or internationally recognized standards that will be followed to ensure the safety of the activities covered by the SMS;
</P>
<P>(4) Methods that will be used to monitor the implementation of the SMS and maintain the safety of activities covered by the SMS, including management of change and stop work practices; and
</P>
<P>(5) Procedures for personnel to report unsafe work conditions both to the lessee or its designated operator and to BSEE.
</P>
<P>(b) Remote monitoring, control, and shut down capabilities, such as:
</P>
<P>(1) Aspects of operations and mechanical and structural integrity that will be monitored remotely;
</P>
<P>(2) Circumstances under which remote monitoring will be activated and how it will be maintained;
</P>
<P>(3) Maintenance of the security of the remote sensing and control capabilities;
</P>
<P>(4) Monitoring of conditions if remote sensing equipment fails; and
</P>
<P>(5) Conditions that will result in the shutdown of one or more facilities.
</P>
<P>(c) Emergency response procedures, such as:
</P>
<P>(1) Types of incidents to be addressed (<I>e.g.,</I> serious injury to workers during maintenance, unexploded ordnance encountered during construction, damage due to hurricane or allision by vessels or aircraft, unauthorized access into remote monitoring capabilities, evacuation, and search and rescue);
</P>
<P>(2) Potential response activities, including U.S. Coast Guard (USCG), other government agencies, and contractor support, for each category of incident;
</P>
<P>(3) Management controls, authorities, and reporting to be employed for each response;
</P>
<P>(4) Locations from which emergency response will be controlled; and
</P>
<P>(5) Resources available to assist in the response.
</P>
<P>(d) Fire suppression equipment, such as a description of how and when it will be used, if needed.
</P>
<P>(e) How and when you will test your SMS, such as:
</P>
<P>(1) Plans, processes, and schedules for:
</P>
<P>(i) Self or third-party auditing of the SMS; and
</P>
<P>(ii) Regular testing of certain SMS components, including remote shutdown capabilities and emergency response readiness; and
</P>
<P>(2) Corrective action processes to improve the effectiveness of your SMS based on the results of audits, tests, investigations of incidents (including near-misses), feedback from the field, and other information sources.
</P>
<P>(f) How you will ensure personnel who conduct activities on your facilities are properly trained and have the capability to safely perform duties, such as:
</P>
<P>(1) Required training for personnel who conduct activities on your facilities; and
</P>
<P>(2) Required knowledge and skills to ensure that personnel perform duties safely for the duration of activities.
</P>
<CITA TYPE="N">[89 FR 42720, May 15, 2024]








</CITA>
</DIV8>


<DIV8 N="§ 285.811" NODE="30:2.0.1.2.14.7.168.7" TYPE="SECTION">
<HEAD>§ 285.811   Am I required to obtain a certification of my SMS?</HEAD>
<P>You are not required to obtain a certification that your SMS meets acceptable health and safety standards (<I>e.g.,</I> ANSI/ASSP Z10.0, API RP 75, ISO 45001) from a recognized accreditation organization. However, BSEE will consider such certification in determining the frequency and scope of SMS-related inspections that it conducts under this subpart, as well as the scope and nature of its oversight over any audit-induced corrective actions.
</P>
<CITA TYPE="N">[89 FR 42720, May 15, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 285.812" NODE="30:2.0.1.2.14.7.168.8" TYPE="SECTION">
<HEAD>§ 285.812   How must I implement my SMS?</HEAD>
<P>(a) Your SMS must be functional before you begin, and must remain functional while you perform, any activity on the OCS pursuant to a lease, including met buoy placement and site assessment work, or for any activities described in your approved SAP, COP, or GAP. You must conduct all activities described in your approved SAP, COP, or GAP in accordance with the SMS you described under § 285.810.
</P>
<P>(b) You must regularly demonstrate to BSEE that your SMS is being implemented effectively by submitting the following to BSEE in accordance with § 285.110:
</P>
<P>(1) By March 31st of each year, summarize safety and work hour performance data for the prior calendar year in which you conducted site assessment, construction, operations, or decommissioning activities in accordance with your lease terms, using a form available on the BSEE website; and
</P>
<P>(2) Once every 3 years and upon BSEE's request, provide a report to BSEE summarizing the results of your most recent SMS audit, corrective actions implemented or being implemented as a result of that audit, and an updated description of your SMS highlighting changes that were made since the last such submission to BSEE.
</P>
<CITA TYPE="N">[89 FR 42720, May 15, 2024]




</CITA>
</DIV8>

</DIV7>


<DIV7 N="169" NODE="30:2.0.1.2.14.7.169" TYPE="SUBJGRP">
<HEAD>Maintenance and Shutdowns</HEAD>


<DIV8 N="§ 285.813" NODE="30:2.0.1.2.14.7.169.9" TYPE="SECTION">
<HEAD>§ 285.813   When do I have to report removing equipment from service?</HEAD>
<P>(a) The removal of any equipment from service may result in BSEE applying remedies, as provided in this part, when such equipment is necessary for implementing your approved plan. Such remedies may include an order from BSEE requiring you to replace or remove such equipment or facilities.
</P>
<P>(b)(1) You must report within 24 hours when equipment necessary for implementing your approved plan is removed from service for more than 12 hours. If you provide an oral notification, you must submit a written confirmation of this notice within 3-business days, as required by § 285.105(c);
</P>
<P>(2) You do not have to report removing equipment necessary for implementing your plan if the removal is part of planned maintenance or repair activities; and
</P>
<P>(3) You must notify BSEE when you return the equipment to service.




</P>
</DIV8>


<DIV8 N="§ 285.814" NODE="30:2.0.1.2.14.7.169.10" TYPE="SECTION">
<HEAD>§ 285.814   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="170" NODE="30:2.0.1.2.14.7.170" TYPE="SUBJGRP">
<HEAD>Equipment Failure and Adverse Environmental Effects</HEAD>


<DIV8 N="§ 285.815" NODE="30:2.0.1.2.14.7.170.11" TYPE="SECTION">
<HEAD>§ 285.815   What must I do if I have facility damage or an equipment failure?</HEAD>
<P>(a) If you have facility damage or the failure of a pipeline, cable, or other equipment necessary for you to implement your approved plan, you must make repairs as soon as practicable. If you have a major repair, you must submit a report to BSEE under § 285.703.
</P>
<P>(b) If you are required to report any facility damage or failure under § 285.831, BOEM may require you to revise your SAP, COP, or GAP to describe how you will address the facility damage or failure as required by 30 CFR 585.634 (COP), 585.617 (SAP), or 585.655 (GAP). You must submit a report of the repairs to BSEE, as required in § 285.703.
</P>
<P>(c) BSEE may require that you analyze cable, pipeline, or facility damage or failure to determine the cause. If requested by BSEE, you must submit a comprehensive written report of the failure or damage to BSEE as soon as available.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42720, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.816" NODE="30:2.0.1.2.14.7.170.12" TYPE="SECTION">
<HEAD>§ 285.816   What must I do if environmental or other conditions adversely affect a cable, pipeline, or facility?</HEAD>
<P>If environmental or other conditions adversely affect a cable, pipeline, or facility so as to endanger the safety or the environment, you must:
</P>
<P>(a) Submit a plan of corrective action to BSEE within 30 days of the discovery of the adverse effect.
</P>
<P>(b) Take remedial action as described in your corrective action plan.
</P>
<P>(c) Submit to the BSEE a report of the remedial action taken within 30 days after completion.




</P>
</DIV8>


<DIV8 N="§§ 285.817-285.819" NODE="30:2.0.1.2.14.7.170.13" TYPE="SECTION">
<HEAD>§§ 285.817-285.819   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="171" NODE="30:2.0.1.2.14.7.171" TYPE="SUBJGRP">
<HEAD>Inspections and Assessments</HEAD>


<DIV8 N="§ 285.820" NODE="30:2.0.1.2.14.7.171.14" TYPE="SECTION">
<HEAD>§ 285.820   Will BSEE conduct inspections?</HEAD>
<P>BSEE may inspect OCS facilities and any vessels engaged in activities authorized under this part. When we conduct these inspections, we will:
</P>
<P>(a) Verify that you are conducting activities in compliance with subsection 8(p) of the OCS Lands Act; the regulations in this part; the terms, conditions, and stipulations of your lease or grant; approved plans; and other applicable laws and regulations.
</P>
<P>(b) Determine whether proper safety equipment has been installed and is operating properly according to your SMS, as required in § 285.810.
</P>
<CITA TYPE="N">[89 42720, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.821" NODE="30:2.0.1.2.14.7.171.15" TYPE="SECTION">
<HEAD>§ 285.821   Will BSEE conduct scheduled and unscheduled inspections?</HEAD>
<P>BSEE may conduct both scheduled and unscheduled inspections.
</P>
<CITA TYPE="N">[89 FR 42721, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.822" NODE="30:2.0.1.2.14.7.171.16" TYPE="SECTION">
<HEAD>§ 285.822   What must I do when BSEE conducts an inspection?</HEAD>
<P>(a) When BSEE conducts an inspection, you must:
</P>
<P>(1) Provide access to all facilities on your lease (including your project easement) or grant and any vessels engaged in activities authorized under this part; and
</P>
<P>(2) Make the following available for BSEE to inspect:
</P>
<P>(i) The area covered under a lease, ROW grant, or RUE grant;
</P>
<P>(ii) All improvements, structures, and fixtures on these areas; and
</P>
<P>(iii) All records of design, construction, operation, maintenance, repairs, or investigations on or related to the area.
</P>
<P>(b) You must retain the records referenced in paragraph (a)(2)(iii) of this section until BOEM releases your financial assurance under 30 CFR585.534 and provide them to BSEE upon request within the time period specified by BSEE.
</P>
<P>(c) You must demonstrate to the inspector how you are in compliance with your safety management system.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42721, May 15, 2024]








</CITA>
</DIV8>


<DIV8 N="§ 285.823" NODE="30:2.0.1.2.14.7.171.17" TYPE="SECTION">
<HEAD>§ 285.823   Will BSEE reimburse me for my expenses related to inspections?</HEAD>
<P>Upon request, BSEE will reimburse you for food, quarters, and transportation that you provide for our representatives while they inspect your lease or grant facilities and associated activities. You must send us your reimbursement request within 90 days of the inspection.




</P>
</DIV8>


<DIV8 N="§ 285.824" NODE="30:2.0.1.2.14.7.171.18" TYPE="SECTION">
<HEAD>§ 285.824   How must I conduct self-inspections?</HEAD>
<P>(a) You must develop a comprehensive self-inspection plan covering all of your facilities. You must keep this self-inspection plan wherever you keep your records and make it available to BSEE upon request. Your self-inspection plan must specify:
</P>
<P>(1) The type, extent, and frequency of inspections that you will conduct for both the above-water and the below-water structures of all facilities and pertinent components of the mooring, tendon, or tethering systems for any floating facilities;
</P>
<P>(2) How you will monitor the corrosion protections for both above-water and below-water structures; and
</P>
<P>(3) How you will fulfill the requirement for annual on-site inspection of all Critical Safety Systems and Equipment.
</P>
<P>(b) You must conduct an onsite inspection of each of your facilities at least once a year. This inspection must include, but is not limited to, all Critical Safety Systems and Equipment.
</P>
<P>(1) You must develop and retain summary reports for all such inspections for each calendar year. The summary report must note any failures of operability, required maintenance of Critical Safety Systems and Equipment, or required replacement of the Critical Safety Systems and Equipment identified during inspection.
</P>
<P>(2) You must retain records of inspections and summary reports for the previous 2 calendar years and make them available to BSEE on request.
</P>
<P>(c) You must submit a report annually to BSEE no later than November 1st that must include:
</P>
<P>(1) A list of facilities inspected for structural condition and corrosion protection in the preceding 12 months;
</P>
<P>(2) The type of inspection employed (<I>i.e.,</I> visual, magnetic particle, ultrasonic testing); and
</P>
<P>(3) A summary of the inspection indicating what repairs, if any, were needed and the overall structural condition of the facility.
</P>
<CITA TYPE="N">[89 FR 42721, May 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 285.825" NODE="30:2.0.1.2.14.7.171.19" TYPE="SECTION">
<HEAD>§ 285.825   When must I assess my facilities?</HEAD>
<P>(a) You must perform an assessment of the structure, when needed, based on the platform assessment initiators listed in sections 17.2.1-17.2.5 of API RP 2A-WSD (incorporated by reference, <I>see</I> § 285.115).
</P>
<P>(b) You must initiate mitigation actions for structures that do not pass the assessment process of API RP 2A-WSD.
</P>
<P>(c) You may comply with a later edition of API RP 2A-WSD only if:
</P>
<P>(1) You show that complying with the later edition provides a degree of protection, safety, or performance equal to or better than what would be achieved by compliance with the listed edition; and
</P>
<P>(2) You obtain the prior written approval for alternative compliance from the authorized BSEE official.
</P>
<P>(d) You must perform other assessments as required by BSEE.




</P>
</DIV8>


<DIV8 N="§§ 285.826-285.829" NODE="30:2.0.1.2.14.7.171.20" TYPE="SECTION">
<HEAD>§§ 285.826-285.829   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="172" NODE="30:2.0.1.2.14.7.172" TYPE="SUBJGRP">
<HEAD>Incident Reporting and Investigation</HEAD>


<DIV8 N="§ 285.830" NODE="30:2.0.1.2.14.7.172.21" TYPE="SECTION">
<HEAD>§ 285.830   What are my incident reporting requirements?</HEAD>
<P>(a) You must report all incidents listed in § 285.831 to BSEE, according to the reporting requirements for these incidents in §§ 285.832 through 285.833.
</P>
<P>(b) These reporting requirements apply to incidents that occur on the area covered by your lease or grant and that are related to activities resulting from the exercise of your rights under your lease or grant.
</P>
<P>(c) Nothing in this subpart relieves you from providing notices and reports of incidents that may be required by other regulatory agencies.
</P>
<P>(d) You must report all spills of oil or other liquid pollutants in accordance with 30 CFR 250.187(d).
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42721, May 15, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 285.831" NODE="30:2.0.1.2.14.7.172.22" TYPE="SECTION">
<HEAD>§ 285.831   What incidents must I report, and when must I report them?</HEAD>
<P>(a) You must report the following incidents to us immediately via oral communication, and provide a written follow-up report (paper copy or electronically transmitted) within 15-business days after the incident:
</P>
<P>(1) Fatalities;
</P>
<P>(2) Incidents that require the evacuation of person(s) from the facility to shore or to another offshore facility;
</P>
<P>(3) Fires and explosions;
</P>
<P>(4) Collisions that result in property or equipment damage greater than $25,000. (Collision means the act of a moving vessel (including an aircraft) striking another vessel, or striking a stationary vessel or object. Property or equipment damage means the cost of labor and material to restore all affected items to their condition before the damage, including, but not limited to, the OCS facility, a vessel, a helicopter, or the equipment. It does not include the cost of salvage, cleaning, dry docking, or demurrage);
</P>
<P>(5) Incidents involving structural damage to an OCS facility that is severe enough so that activities on the facility cannot continue until repairs are made;
</P>
<P>(6) Incidents involving crane or personnel/material handling activities, if they result in a fatality, injury, structural damage, or significant environmental damage;
</P>
<P>(7) Incidents that damage or disable safety systems or equipment (including firefighting systems);
</P>
<P>(8) Other incidents resulting in property or equipment damage greater than $25,000; and
</P>
<P>(9) Any other incidents involving significant environmental damage, or harm.
</P>
<P>(b) You must provide a written report of the following incidents to us within 15 days after the incident:
</P>
<P>(1) Any injuries that result in the injured person not being able to return to work or to all of their normal duties the day after the injury occurred; and
</P>
<P>(2) All incidents that require personnel on the facility to muster for evacuation for reasons not related to weather or drills.




</P>
</DIV8>


<DIV8 N="§ 285.832" NODE="30:2.0.1.2.14.7.172.23" TYPE="SECTION">
<HEAD>§ 285.832   How do I report incidents requiring immediate notification?</HEAD>
<P>For an incident requiring immediate notification under § 285.831(a), you must notify BSEE verbally after aiding the injured and stabilizing the situation. Your verbal communication must provide the following information:
</P>
<P>(a) Date and time of occurrence;
</P>
<P>(b) Identification and contact information for the lessee, grant holder, or operator;
</P>
<P>(c) Contractor, and contractor representative's name and telephone number (if a contractor is involved in the incident or injury/fatality);
</P>
<P>(d) Lease number, OCS area, and block;
</P>
<P>(e) Platform/facility name and number, or cable or pipeline segment number;
</P>
<P>(f) Type of incident or injury/fatality;
</P>
<P>(g) Activity at time of incident; and
</P>
<P>(h) Description of the incident, damage, or injury/fatality.




</P>
</DIV8>


<DIV8 N="§ 285.833" NODE="30:2.0.1.2.14.7.172.24" TYPE="SECTION">
<HEAD>§ 285.833   What are the reporting requirements for incidents requiring written notification?</HEAD>
<P>(a) For any incident covered under § 285.831, you must submit a written report within 15 days after the incident to BSEE. The report must contain the following information:
</P>
<P>(1) Date and time of occurrence;
</P>
<P>(2) Identification and contact information for each lessee, grant holder, or operator;
</P>
<P>(3) Name and telephone number of the contractor and the contractor's representative, if a contractor is involved in the incident or injury;
</P>
<P>(4) Lease number, OCS area, and block;
</P>
<P>(5) Platform/facility name and number, or cable or pipeline segment number;
</P>
<P>(6) Type of incident or injury;
</P>
<P>(7) Activity at time of incident;
</P>
<P>(8) Description of incident, damage, or injury (including days away from work, restricted work, or job transfer), and any corrective action taken; and
</P>
<P>(9) Property or equipment damage estimate (in U.S. dollars).
</P>
<P>(b) You may submit a report or form prepared for another agency in lieu of the written report required by paragraph (a) of this section if the report or form contains all required information.
</P>
<P>(c) BSEE may require you to submit additional information about an incident on a case-by-case basis.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="I" NODE="30:2.0.1.2.14.8" TYPE="SUBPART">
<HEAD>Subpart I—Decommissioning</HEAD>


<DIV7 N="173" NODE="30:2.0.1.2.14.8.173" TYPE="SUBJGRP">
<HEAD>Decommissioning Obligations and Requirements</HEAD>


<DIV8 N="§ 285.900" NODE="30:2.0.1.2.14.8.173.1" TYPE="SECTION">
<HEAD>§ 285.900   Who must meet the decommissioning obligations in this subpart?</HEAD>
<P>(a) Lessees are jointly and severally responsible for meeting decommissioning obligations for facilities on their leases, including all obstructions, as the obligations accrue and until each obligation is met.
</P>
<P>(b) Grant holders are jointly and severally liable for meeting decommissioning obligations for facilities on their grant, including all obstructions, as the obligations accrue and until each obligation is met.
</P>
<P>(c) If a lessee or grant holder has installed a facility on a lease or grant that was authorized by an authority other than BOEM and that approving authority has imposed a decommissioning obligation, such obligation will substitute for the requirements of this subpart. The decommissioning requirements in this subpart will apply to such a facility if the authorizing agency has not imposed or enforced a decommissioning obligation.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42721, May 15, 2024]










</CITA>
</DIV8>


<DIV8 N="§ 285.901" NODE="30:2.0.1.2.14.8.173.2" TYPE="SECTION">
<HEAD>§ 285.901   When do I accrue decommissioning obligations?</HEAD>
<P>You accrue decommissioning obligations when you are or become a lessee or grant holder, and you either install, construct, or acquire by a BOEM-approved assignment a facility, cable, or pipeline, or you create an obstruction to other uses of the OCS.




</P>
</DIV8>


<DIV8 N="§ 285.902" NODE="30:2.0.1.2.14.8.173.3" TYPE="SECTION">
<HEAD>§ 285.902   What are the general requirements for decommissioning for facilities authorized under my SAP, COP, or GAP?</HEAD>
<P>(a) Except as otherwise authorized under § 285.909, within 2 years following termination of a lease or grant, or earlier if BSEE determines a facility is no longer useful for operations, you must:
</P>
<P>(1) Remove or decommission all facilities, projects, cables, pipelines, and obstructions;
</P>
<P>(2) Clear the seafloor of all obstructions created by activities on your lease, including your project easement, or grant.
</P>
<P>(b) Before decommissioning the facilities under your SAP, COP, or GAP, you must submit a decommissioning application to, and receive approval from, BSEE.
</P>
<P>(c) The approval of the decommissioning concept in the SAP, COP, or GAP is not an approval of a decommissioning application. However, you may submit your complete decommissioning application to BSEE simultaneously with the SAP, COP, or GAP, so that it may undergo appropriate technical and regulatory reviews at that time.
</P>
<P>(d) Following approval of your decommissioning application, you must submit a decommissioning notice under § 285.908 to BSEE at least 60 days before commencing decommissioning activities.
</P>
<P>(e) If you, your subcontractors, or any agent acting on your behalf discovers any archaeological resource while conducting decommissioning activities, you must immediately halt bottom-disturbing activities within 1,000 feet of the discovery and report the discovery to us within 72 hours. BOEM will inform you how to conduct investigations to determine if the resource is significant and how to protect it in accordance with 30 CFR 585.702. You, your subcontractors, or any agent acting on your behalf must keep the location of the discovery confidential and must not take any action that may adversely affect the archaeological resource until we have made an evaluation and told you how to proceed.
</P>
<P>(f) Provide BOEM with documentation of any coordination efforts you have made with the affected States, local, and Tribal governments.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42721, May 15, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 285.903" NODE="30:2.0.1.2.14.8.173.4" TYPE="SECTION">
<HEAD>§ 285.903   What are the requirements for decommissioning FERC-licensed hydrokinetic facilities?</HEAD>
<P>You must comply with the decommissioning requirements in your BOEM-issued lease. If you fail to comply with the decommissioning requirements of your lease then:
</P>
<P>(a) BOEM may call for the forfeiture of your bond or other financial assurance;
</P>
<P>(b) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure; and
</P>
<P>(c) BSEE may take enforcement action under § 285.400.




</P>
</DIV8>


<DIV8 N="§ 285.904" NODE="30:2.0.1.2.14.8.173.5" TYPE="SECTION">
<HEAD>§ 285.904   Can I request a departure from the decommissioning requirements?</HEAD>
<P>You may request a departure from the decommissioning requirements under § 285.103.


</P>
</DIV8>

</DIV7>


<DIV7 N="174" NODE="30:2.0.1.2.14.8.174" TYPE="SUBJGRP">
<HEAD>Decommissioning Applications</HEAD>


<DIV8 N="§ 285.905" NODE="30:2.0.1.2.14.8.174.6" TYPE="SECTION">
<HEAD>§ 285.905   When must I submit my decommissioning application?</HEAD>
<P>You must submit your decommissioning application upon the earliest of the following dates:
</P>
<P>(a) Two (2) years before the expiration of your lease.
</P>
<P>(b) Ninety (90) days after completion of your commercial activities on a commercial lease.
</P>
<P>(c) Ninety (90) days after completion of your approved activities under a limited lease on a ROW grant or RUE grant.
</P>
<P>(d) Ninety (90) days after cancellation, relinquishment, or other termination of your lease or grant.
</P>
<P>(e) Ninety (90) calendar days after BSEE determines a facility is no longer useful for operations.
</P>
<CITA TYPE="N">[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42721, May 15, 2024]












</CITA>
</DIV8>


<DIV8 N="§ 285.906" NODE="30:2.0.1.2.14.8.174.7" TYPE="SECTION">
<HEAD>§ 285.906   What must my decommissioning application include?</HEAD>
<P>You must provide one paper copy and one electronic copy of the application. Include the following information in the application, as applicable.
</P>
<P>(a) Identification of the applicant including:
</P>
<P>(1) Lease operator, ROW grant holder, or RUE grant holder;
</P>
<P>(2) Address;
</P>
<P>(3) Contact person and telephone number; and
</P>
<P>(4) Shore base.
</P>
<P>(b) Identification and description of the facilities, cables, or pipelines you plan to remove or propose to leave in place, as provided in § 285.909.
</P>
<P>(c) A proposed decommissioning schedule for your lease, ROW grant, or RUE grant, including the expiration or relinquishment date and proposed month and year of removal.
</P>
<P>(d) A description of the removal methods and procedures, including the types of equipment, vessels, and moorings (<I>i.e.,</I> anchors, chains, lines, <I>etc.</I>) you will use.
</P>
<P>(e) A description of your site clearance activities.
</P>
<P>(f) Your plans for transportation and disposal (including as an artificial reef) or salvage of the removed facilities, cables, or pipelines and any required approvals.
</P>
<P>(g) A description of those resources, conditions, and activities that could be affected by or could affect your proposed decommissioning activities. The description must be as detailed as necessary to assist BSEE in complying with the NEPA and other relevant Federal laws.
</P>
<P>(h) The results of any recent biological surveys conducted in the vicinity of the structure and recent observations of turtles or marine mammals at the structure site.
</P>
<P>(i) Mitigation measures you will use to protect archaeological and sensitive biological features during removal activities.
</P>
<P>(j) A description of measures you will take to prevent unauthorized discharge of pollutants, including marine trash and debris, into the offshore waters.
</P>
<P>(k) A statement of whether or not you will use divers to survey the area after removal to determine any effects on marine life.




</P>
</DIV8>


<DIV8 N="§ 285.907" NODE="30:2.0.1.2.14.8.174.8" TYPE="SECTION">
<HEAD>§ 285.907   How will BSEE process my decommissioning application?</HEAD>
<P>(a) Based upon your inclusion of all the information required by § 285.906, BSEE will compare your decommissioning application with the decommissioning general concept in your approved SAP, COP, or GAP to determine what technical and environmental reviews are needed.
</P>
<P>(b) You will likely have to revise your SAP, COP, or GAP, and BOEM will begin the appropriate NEPA analysis and other regulatory reviews as required, if BSEE determines that your decommissioning application would:
</P>
<P>(1) Result in a significant change in the impacts previously identified and evaluated in your SAP, COP, or GAP;
</P>
<P>(2) Require any additional Federal permits; or
</P>
<P>(3) Propose activities not previously identified and evaluated in your SAP, COP, or GAP.
</P>
<P>(c) During the review process, we may request additional information if we determine that the information provided is not sufficient to complete the review and approval process.
</P>
<P>(d) Upon completion of the technical and environmental reviews, we may approve, approve with conditions, or disapprove your decommissioning application.
</P>
<P>(e) If BSEE disapproves your decommissioning application, you must resubmit your application to address the concerns identified by BSEE.




</P>
</DIV8>


<DIV8 N="§ 285.908" NODE="30:2.0.1.2.14.8.174.9" TYPE="SECTION">
<HEAD>§ 285.908   What must I include in my decommissioning notice?</HEAD>
<P>(a) The decommissioning notice is distinct from your decommissioning application and may only be submitted following approval of your decommissioning application, as described in §§ 285.905 through 285.907. You must submit a decommissioning notice at least 60 days before you plan to begin decommissioning activities.
</P>
<P>(b) Your decommissioning notice must include:
</P>
<P>(1) A description of any changes to the approved removal methods and procedures in your approved decommissioning application, including changes to the types of vessels and equipment you will use; and
</P>
<P>(2) An updated decommissioning schedule.
</P>
<P>(c) BSEE will review your decommissioning notice and may require you to resubmit a decommissioning application if BSEE determines that your decommissioning activities would:
</P>
<P>(1) Result in a significant change in the impacts previously identified and evaluated;
</P>
<P>(2) Require any additional Federal permits; or
</P>
<P>(3) Propose activities not previously identified and evaluated.


</P>
</DIV8>

</DIV7>


<DIV7 N="175" NODE="30:2.0.1.2.14.8.175" TYPE="SUBJGRP">
<HEAD>Facility Removal</HEAD>


<DIV8 N="§ 285.909" NODE="30:2.0.1.2.14.8.175.10" TYPE="SECTION">
<HEAD>§ 285.909   When may facilities remain in place following termination of a lease or grant?</HEAD>
<P>(a) In your decommissioning application, you may request that certain facilities authorized in your lease or grant remain in place for other activities authorized in this part, elsewhere in this subchapter, or by other applicable Federal law.
</P>
<P>(b) Except as provided in paragraph (c) of this section, if BOEM authorizes facilities to remain in place, the former lessee or grantee under this part remains jointly and severally liable for decommissioning the facility unless satisfactory evidence is provided to BOEM showing that another party has assumed that responsibility and has secured adequate financial assurances.
</P>
<P>(c) In your decommissioning application, identify facilities authorized by BOEM to be converted to an artificial reef or otherwise toppled in place.




</P>
</DIV8>


<DIV8 N="§ 285.910" NODE="30:2.0.1.2.14.8.175.11" TYPE="SECTION">
<HEAD>§ 285.910   What must I do when I remove my facility?</HEAD>
<P>(a) You must remove all facilities to a depth of 15 feet below the mudline, unless otherwise authorized by BSEE.
</P>
<P>(b) Within 60 days after you remove a facility, you must verify to BSEE that you have cleared the site.




</P>
</DIV8>


<DIV8 N="§ 285.911" NODE="30:2.0.1.2.14.8.175.12" TYPE="SECTION">
<HEAD>§ 285.911   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="176" NODE="30:2.0.1.2.14.8.176" TYPE="SUBJGRP">
<HEAD>Decommissioning Report</HEAD>


<DIV8 N="§ 285.912" NODE="30:2.0.1.2.14.8.176.13" TYPE="SECTION">
<HEAD>§ 285.912   After I remove a facility, cable, or pipeline, what information must I submit?</HEAD>
<P>Within 60 days after you remove a facility, cable, or pipeline, you must submit a written report to BSEE that includes the following:
</P>
<P>(a) A summary of the removal activities, including the date they were completed;
</P>
<P>(b) A description of any mitigation measures you took; and
</P>
<P>(c) If you used explosives, a statement signed by your authorized representative that certifies that the types and amount of explosives you used in removing the facility were consistent with those in the approved decommissioning application.


</P>
</DIV8>

</DIV7>


<DIV7 N="177" NODE="30:2.0.1.2.14.8.177" TYPE="SUBJGRP">
<HEAD>Compliance With an Approved Decommissioning Application</HEAD>


<DIV8 N="§ 285.913" NODE="30:2.0.1.2.14.8.177.14" TYPE="SECTION">
<HEAD>§ 285.913   What happens if I fail to comply with my approved decommissioning application?</HEAD>
<P>If you fail to comply with your approved decommissioning plan or application:
</P>
<P>(a) BOEM may call for the forfeiture of your bond or other financial assurance;
</P>
<P>(b) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure; and
</P>
<P>(c) BSEE may take enforcement action under § 285.400.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="J" NODE="30:2.0.1.2.14.9" TYPE="SUBPART">
<HEAD>Subpart J—Rights of Use and Easement for Energy- and Marine-Related Activities Using Existing OCS Facilities</HEAD>


<DIV7 N="178" NODE="30:2.0.1.2.14.9.178" TYPE="SUBJGRP">
<HEAD>Regulated Activities</HEAD>


<DIV8 N="§ 285.1000" NODE="30:2.0.1.2.14.9.178.1" TYPE="SECTION">
<HEAD>§ 285.1000   What activities does this subpart regulate?</HEAD>
<P>This subpart provides the general provisions for regulating activities that use (or propose to use) an existing OCS facility for energy- or marine-related purposes, that are not otherwise authorized under any other part of this subchapter or any other applicable Federal statute. Activities authorized under any other part of this subchapter or under any other Federal law that use (or propose to use) an existing OCS facility are not subject to this subpart.




</P>
</DIV8>


<DIV8 N="§§ 285.1001-285.1013" NODE="30:2.0.1.2.14.9.178.2" TYPE="SECTION">
<HEAD>§§ 285.1001-285.1013   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="179" NODE="30:2.0.1.2.14.9.179" TYPE="SUBJGRP">
<HEAD>Alternate Use RUE Administration</HEAD>


<DIV8 N="§ 285.1014" NODE="30:2.0.1.2.14.9.179.3" TYPE="SECTION">
<HEAD>§ 285.1014   When will BSEE suspend an Alternate Use RUE?</HEAD>
<P>(a) BSEE may suspend an Alternate Use RUE if:
</P>
<P>(1) Necessary to comply with judicial decrees;
</P>
<P>(2) Continued activities pursuant to the Alternate Use RUE pose an imminent threat of serious or irreparable harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance; or
</P>
<P>(3) Operation of the existing OCS facility that is subject to the Alternate Use RUE has been suspended or temporarily prohibited and we have determined that continued activities under the Alternate Use RUE are unsafe or cause undue interference with the operation of the original OCS Lands Act approved activity.
</P>
<P>(b) A suspension will extend the term of your Alternate Use RUE grant for the period of the suspension.




</P>
</DIV8>


<DIV8 N="§ 285.1015" NODE="30:2.0.1.2.14.9.179.4" TYPE="SECTION">
<HEAD>§ 285.1015   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 285.1016" NODE="30:2.0.1.2.14.9.179.5" TYPE="SECTION">
<HEAD>§ 285.1016   When will an Alternate Use RUE be cancelled?</HEAD>
<P>The Secretary may cancel an Alternate Use RUE if it is determined, after notice and opportunity to be heard:
</P>
<P>(a) You no longer qualify to hold an Alternate Use RUE;
</P>
<P>(b) You failed to provide any additional financial assurance required by BOEM, replace or provide additional coverage for a de-valued bond, or replace a lapsed or forfeited bond within the prescribed time period;
</P>
<P>(c) Continued activity under the Alternate Use RUE is likely to cause serious harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
</P>
<P>(d) Continued activity under the Alternate Use RUE is determined to be adversely impacting the original OCS Lands Act approved activities on the existing OCS facility;
</P>
<P>(e) You failed to comply with any of the terms and conditions of your approved Alternate Use RUE or your approved plan; or
</P>
<P>(f) You otherwise failed to comply with applicable laws or regulations.




</P>
</DIV8>


<DIV8 N="§ 285.1017" NODE="30:2.0.1.2.14.9.179.6" TYPE="SECTION">
<HEAD>§ 285.1017   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="180" NODE="30:2.0.1.2.14.9.180" TYPE="SUBJGRP">
<HEAD>Decommissioning an Alternate Use RUE</HEAD>


<DIV8 N="§ 285.1018" NODE="30:2.0.1.2.14.9.180.7" TYPE="SECTION">
<HEAD>§ 285.1018   Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE?</HEAD>
<P>(a) The holder of an Alternate Use RUE is responsible for all decommissioning obligations that accrue following the issuance of the Alternate Use RUE and which pertain to the Alternate Use RUE.
</P>
<P>(b) The lessee under the lease originally issued under 30 CFR chapter V will remain responsible for decommissioning obligations that accrued before issuance of the Alternate Use RUE, as well as for decommissioning obligations that accrue following issuance of the Alternate Use RUE to the extent associated with continued activities authorized under other parts of this title.




</P>
</DIV8>


<DIV8 N="§ 285.1019" NODE="30:2.0.1.2.14.9.180.8" TYPE="SECTION">
<HEAD>§ 285.1019   What are the decommissioning requirements for an Alternate Use RUE?</HEAD>
<P>(a) Decommissioning requirements will be determined by BOEM and BSEE on a case-by-case basis, and will be included in the terms of the Alternate Use RUE.
</P>
<P>(b) Decommissioning activities must be completed within 1 year of termination of the Alternate Use RUE.
</P>
<P>(c) If you fail to satisfy all decommissioning requirements within the prescribed time period, BOEM will call for the forfeiture of your bond or other financial guarantee, and you will remain liable for all accidents or damages that might result from such failure.




</P>
</DIV8>

</DIV7>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="C" NODE="30:2.0.1.3" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER C—APPEALS


</HEAD>

<DIV5 N="290" NODE="30:2.0.1.3.15" TYPE="PART">
<HEAD>PART 290—APPEAL PROCEDURES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 305; 43 U.S.C. 1334.


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.1.3.15.1" TYPE="SUBPART">
<HEAD>Subpart A—Bureau of Safety and Environmental Enforcement Appeal Procedures</HEAD>


<DIV8 N="§ 290.1" NODE="30:2.0.1.3.15.1.181.1" TYPE="SECTION">
<HEAD>§ 290.1   What is the purpose of this subpart?</HEAD>
<P>The purpose of this subpart is to explain the procedures for appeals of Bureau of Safety and Environmental Enforcement (BSEE) decisions and orders issued under 30 CFR chapter II.


</P>
</DIV8>


<DIV8 N="§ 290.2" NODE="30:2.0.1.3.15.1.181.2" TYPE="SECTION">
<HEAD>§ 290.2   Who may appeal?</HEAD>
<P>If you are adversely affected by a BSEE official's final decision or order issued under 30 CFR chapter II, you may appeal that decision or order to the Interior Board of Land Appeals (IBLA). Your appeal must conform with the procedures found in this subpart and 43 CFR part 4, subpart E.


</P>
</DIV8>


<DIV8 N="§ 290.3" NODE="30:2.0.1.3.15.1.181.3" TYPE="SECTION">
<HEAD>§ 290.3   What is the time limit for filing an appeal?</HEAD>
<P>You must file your appeal within 60 days after you receive BSEE's final decision or order. The 60-day time period applies rather than the time period provided in 43 CFR 4.411(a). A decision or order is received on the date you sign a receipt confirming delivery or, if there is no receipt, the date otherwise documented.


</P>
</DIV8>


<DIV8 N="§ 290.4" NODE="30:2.0.1.3.15.1.181.4" TYPE="SECTION">
<HEAD>§ 290.4   How do I file an appeal?</HEAD>
<P>For your appeal to be filed, BSEE must receive all of the following within 60 days after you receive the decision or order:
</P>
<P>(a) A written Notice of Appeal together with a copy of the decision or order you are appealing in the office of the BSEE officer that issued the decision or order. You cannot extend the 60-day period for that office to receive your Notice of Appeal;
</P>
<P>(b) A nonrefundable processing fee of $150 paid with the Notice of Appeal; and
</P>
<P>(1) You must pay electronically through the Fees for Services page on the BSEE Web site at <I>http://www.bsee.gov,</I> and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your Notice of Appeal.
</P>
<P>(2) You cannot extend the 60-day period for payment of the processing fee.
</P>
<P>(c) If you are appealing a civil penalty assessment, either notification of payment of the penalty or documentation demonstrating satisfaction of the requirements in 30 CFR 250.1409(b). You cannot extend the 60-day period for satisfying this requirement, except as specifically provided in 30 CFR 250.1409(d).


</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016; 89 FR 89926, Nov. 14, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 290.5" NODE="30:2.0.1.3.15.1.181.5" TYPE="SECTION">
<HEAD>§ 290.5   Can I obtain an extension for filing my Notice of Appeal?</HEAD>
<P>You cannot obtain an extension of time to file the Notice of Appeal. See 43 CFR 4.411(c).


</P>
</DIV8>


<DIV8 N="§ 290.6" NODE="30:2.0.1.3.15.1.181.6" TYPE="SECTION">
<HEAD>§ 290.6   Are informal resolutions permitted?</HEAD>
<P>(a) You may seek informal resolution with the issuing officer's next level supervisor during the 60-day period established in § 290.3.
</P>
<P>(b) Nothing in this subpart precludes resolution by settlement of any appeal or matter pending in the administrative process after the 60-day period established in § 290.3.


</P>
</DIV8>


<DIV8 N="§ 290.7" NODE="30:2.0.1.3.15.1.181.7" TYPE="SECTION">
<HEAD>§ 290.7   Do I have to comply with the decision or order while my appeal is pending?</HEAD>
<P>(a) The decision or order is effective during the 60-day period for filing an appeal under § 290.3 unless:
</P>
<P>(1) BSEE notifies you that the decision or order, or some portion of it, is suspended during this period because there is no likelihood of immediate and irreparable harm to human life, the environment, any mineral deposit, or property; or
</P>
<P>(2) You post a surety bond under 30 CFR 250.1409 pending the appeal challenging an order to pay a civil penalty.
</P>
<P>(b) This section applies rather than 43 CFR 4.21(a) for appeals of BSEE orders.
</P>
<P>(c) After you file your appeal, IBLA may grant a stay of a decision or order under 43 CFR 4.21(b); however, a decision or order remains in effect until IBLA grants your request for a stay of the decision or order under appeal.


</P>
</DIV8>


<DIV8 N="§ 290.8" NODE="30:2.0.1.3.15.1.181.8" TYPE="SECTION">
<HEAD>§ 290.8   How do I exhaust my administrative remedies?</HEAD>
<P>(a) If you receive a decision or order issued under chapter II, subchapter B, you must appeal that decision or order to IBLA under 43 CFR part 4, subpart E to exhaust administrative remedies.
</P>
<P>(b) This section does not apply if the Assistant Secretary for Land and Minerals Management or the IBLA makes a decision or order immediately effective notwithstanding an appeal.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.1.3.15.2" TYPE="SUBPART">
<HEAD>Subpart B [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="291" NODE="30:2.0.1.3.16" TYPE="PART">
<HEAD>PART 291—OPEN AND NONDISCRIMINATORY ACCESS TO OIL AND GAS PIPELINES UNDER THE OUTER CONTINENTAL SHELF LANDS ACT
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>31 U.S.C. 9701, 43 U.S.C. 1334.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64462, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 291.1" NODE="30:2.0.1.3.16.0.181.1" TYPE="SECTION">
<HEAD>§ 291.1   What is BSEE's authority to collect information?</HEAD>
<P>(a) The Office of Management and Budget (OMB) has approved the information collection requirements in this part under 44 U.S.C. 3501 <I>et seq.,</I> and assigned OMB Control Number 1014-0012.
</P>
<P>(b) An agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(c) We use the information collected to determine whether or not the shipper has been denied open and nondiscriminatory access to Outer Continental Shelf (OCS) pipelines as sections of 5(e) and (f) of the OCS Lands Act (OCSLA) require.
</P>
<P>(d) Respondents are companies that ship or transport oil and gas production across the OCS. Responses are required to obtain or retain benefits. We will protect information considered proprietary under applicable law.
</P>
<P>(e) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 291.100" NODE="30:2.0.1.3.16.0.181.2" TYPE="SECTION">
<HEAD>§ 291.100   What is the purpose of this part?</HEAD>
<P>This part:
</P>
<P>(a) Explains the procedures for filing a complaint with the Director, Bureau of Safety and Environmental Enforcement (BSEE) alleging that a grantee or transporter has denied a shipper of production from the OCS open and nondiscriminatory access to a pipeline;
</P>
<P>(b) Explains the procedures BSEE will employ to determine whether violations of the requirements of the OCSLA have occurred, and to remedy any violations; and
</P>
<P>(c) Provides for alternative informal means of resolving pipeline access disputes through either Hotline-assisted procedures or alternative dispute resolution (ADR).


</P>
</DIV8>


<DIV8 N="§ 291.101" NODE="30:2.0.1.3.16.0.181.3" TYPE="SECTION">
<HEAD>§ 291.101   What definitions apply to this part?</HEAD>
<P>As used in this part:
</P>
<P><I>Accessory</I> means a platform, a major subsea manifold, or similar subsea structure attached to a right-of-way (ROW) pipeline to support pump stations, compressors, manifolds, <I>etc.</I> The site used for an accessory is part of the pipeline ROW grant.
</P>
<P><I>Appurtenance</I> means equipment, device, apparatus, or other object attached to a horizontal component or riser. Examples include anodes, valves, flanges, fittings, umbilicals, subsea manifolds, templates, pipeline end modules (PLEMs), pipeline end terminals (PLETs), anode sleds, other sleds, and jumpers (other than jumpers connecting subsea wells to manifolds).
</P>
<P><I>FERC pipeline</I> means any pipeline within the jurisdiction of the Federal Energy Regulatory Commission (FERC) under the Natural Gas Act, 15 U.S.C. 717-717z, or the Interstate Commerce Act, 42 U.S.C. 7172(a) and (b).
</P>
<P><I>Grantee</I> means any person to whom BSEE has issued an oil or gas pipeline permit, license, easement, right-of-way, or other grant of authority for transportation on or across the OCS under 30 CFR part 250, subpart J, or 43 U.S.C. 1337(p), and any person who has an assignment of a permit, license, easement, right-of-way or other grant of authority, or who has an assignment of any rights subject to any of those grants of authority under 30 CFR part 250, subpart J or 43 U.S.C. 1337(p).
</P>
<P><I>IBLA</I> means the Interior Board of Land Appeals.
</P>
<P><I>OCSLA pipeline</I> means any oil or gas pipeline for which BSEE has issued a permit, license, easement, right-of-way, or other grant of authority.
</P>
<P><I>Outer Continental Shelf</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Party</I> means any person who files a complaint, any person who files an answer, and BSEE.
</P>
<P><I>Person</I> means an individual, corporation, government entity, partnership, association (including a trust or limited liability company), consortium, or joint venture (when established as a separate entity).
</P>
<P><I>Pipeline</I> is the piping, risers, accessories and appurtenances installed for transportation of oil and gas.
</P>
<P><I>Serve</I> means personally delivering a document to a person, or sending a document by U.S. mail or private delivery services that provide proof of delivery (such as return receipt requested) to a person.
</P>
<P><I>Shipper</I> means a person who contracts or wants to contract with a grantee or transporter to transport oil or gas through the grantee's or transporter's pipeline.
</P>
<P><I>Transportation</I> means, for purposes of this part only, the movement of oil or gas through an OCSLA pipeline.
</P>
<P><I>Transporter</I> means, for purposes of this part only, any person who owns or operates an OCSLA oil or gas pipeline.


</P>
</DIV8>


<DIV8 N="§ 291.102" NODE="30:2.0.1.3.16.0.181.4" TYPE="SECTION">
<HEAD>§ 291.102   May I call the BSEE Hotline to informally resolve an allegation that open and nondiscriminatory access was denied?</HEAD>
<P>Before filing a complaint under § 291.106, you may attempt to informally resolve an allegation concerning open and nondiscriminatory access by calling the toll-free BSEE Pipeline Open Access Hotline at 1-888-232-1713.
</P>
<P>(a) BSEE Hotline staff will informally seek information needed to resolve the dispute. BSEE Hotline staff will attempt to resolve disputes without litigation or other formal proceedings. The Hotline staff will not attempt to resolve matters that are before BSEE or FERC in docketed proceedings.
</P>
<P>(b) BSEE Hotline staff may provide information to you and give informal oral advice. The advice given is not binding on BSEE, the Department of the Interior (DOI), or any other person.
</P>
<P>(c) To the extent permitted by law, the BSEE Hotline staff will treat all information it obtains as non-public and confidential.
</P>
<P>(d) You may call the BSEE Hotline anonymously.
</P>
<P>(e) If you contact the BSEE Hotline, you may file a complaint under this part if discussions assisted by BSEE Hotline staff are unsuccessful at resolving the matter.
</P>
<P>(f) You may terminate use of the BSEE Hotline procedure at any time.


</P>
</DIV8>


<DIV8 N="§ 291.103" NODE="30:2.0.1.3.16.0.181.5" TYPE="SECTION">
<HEAD>§ 291.103   May I use alternative dispute resolution (ADR) to informally resolve an allegation that open and nondiscriminatory access was denied?</HEAD>
<P>You may ask to use ADR either before or after you file a complaint. To make a request, call the BSEE at 1-888-232-1713 or write to us at the following address: Director, Bureau of Safety and Environmental Enforcement, Attention: Office of Policy and Analysis, 1849 C Street, NW., Mail Stop 5438, Washington, DC 20240-0001.
</P>
<P>(a) You may request that ADR be administered by:
</P>
<P>(1) A contracted ADR provider agreed to by all parties;
</P>
<P>(2) The Department's Office of Collaborative Action and Dispute Resolution (CADR); or
</P>
<P>(3) BSEE staff trained in ADR and certified by the CADR.
</P>
<P>(b) Each party must pay its respective share of all costs and fees associated with any contracted or Departmental ADR provider. For purposes of this section, BSEE is not a party in an ADR proceeding.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 291.104" NODE="30:2.0.1.3.16.0.181.6" TYPE="SECTION">
<HEAD>§ 291.104   Who may file a complaint or a third-party brief?</HEAD>
<P>(a) You may file a complaint under this subpart if you are a shipper and you believe that you have been denied open and nondiscriminatory access to an OCSLA pipeline that is not a FERC pipeline.
</P>
<P>(b) Any person that believes its interests may be affected by precedents established by adjudication of complaints under this rule may submit a brief to BSEE. The brief must be served following the procedure set out in § 291.107. After considering the brief, it is within BSEE's discretion as to whether BSEE may:
</P>
<P>(1) Address the brief in its decision;
</P>
<P>(2) Not address the brief in its decision; or
</P>
<P>(3) Include the submitter of the brief in the proceeding as a party.


</P>
</DIV8>


<DIV8 N="§ 291.105" NODE="30:2.0.1.3.16.0.181.7" TYPE="SECTION">
<HEAD>§ 291.105   What must a complaint contain?</HEAD>
<P>For purposes of this subpart, a complaint means a comprehensive written brief stating the legal and factual basis for the allegation that a shipper was denied open and nondiscriminatory access, together with supporting material. A complaint must:
</P>
<P>(a) Clearly identify the action or inaction which is alleged to violate 43 U.S.C. 1334(e) or (f)(1)(A);
</P>
<P>(b) Explain how the action or inaction violates 43 U.S.C. 1334(e) or (f)(1)(A);
</P>
<P>(c) Explain how the action or inaction affects your interests, including practical, operational, or other non-financial impacts;
</P>
<P>(d) Estimate any financial impact or burden;
</P>
<P>(e) State the specific relief or remedy requested; and
</P>
<P>(f) Include all documents that support the facts in your complaint including, but not limited to, contracts and any affidavits that may be necessary to support particular factual allegations.


</P>
</DIV8>


<DIV8 N="§ 291.106" NODE="30:2.0.1.3.16.0.181.8" TYPE="SECTION">
<HEAD>§ 291.106   How do I file a complaint?</HEAD>
<P>To file a complaint under this part, you must:
</P>
<P>(a) File your complaint with the Director, Bureau of Safety and Environmental Enforcement at the following address: Director, Bureau of Safety and Environmental Enforcement, Attention: Office of Policy and Analysis, 1849 C Street, NW., Mail Stop 5438, Washington, DC 20240-0001; and
</P>
<P>(b) Include a nonrefundable processing fee of $7,500 under § 291.108(a) or a request for reduction or waiver of the fee under § 291.109(a); and
</P>
<P>(c) Serve your complaint on all persons named in the complaint. If you make a claim under § 291.111 for confidentiality, serve the redacted copy and proposed form of a protective agreement on all persons named in the complaint.
</P>
<P>(d) Complaints shall not be filed later than 2 years from the time of the alleged access denial. If the complaint is filed later than 2 years from the time of the alleged access denial, the BSEE Director will not consider the complaint and the case will be closed.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 291.107" NODE="30:2.0.1.3.16.0.181.9" TYPE="SECTION">
<HEAD>§ 291.107   How do I answer a complaint?</HEAD>
<P>(a) If you have been served a complaint under § 291.106, you must file an answer within 60 days of receiving the complaint. If you miss this deadline, BSEE may disregard your answer. We consider your answer to be filed when the BSEE Director receives it at the following address: Director, Bureau of Safety and Environmental Enforcement, Attention: Office of Policy and Analysis, 1849 C Street, NW., Mail Stop 5438, Washington, DC 20240-0001.
</P>
<P>(b) For purposes of this paragraph, an answer means a comprehensive written brief stating the legal and factual basis refuting the allegations in the complaint, together with supporting material. You must:
</P>
<P>(1) Attach to your answer a copy of the complaint or reference the assigned BSEE docket number (you may obtain the docket number by calling the Office of Policy and Analysis at (202) 208-1901);
</P>
<P>(2) Explain in your answer why the action or inaction alleged in the complaint does not violate 43 U.S.C. 1334(e) or (f)(1)(A);
</P>
<P>(3) Include with your answer all documents in your possession or that you can otherwise obtain that support the facts in your answer including, but not limited to, contracts and any affidavits that may be necessary to support particular factual allegations; and
</P>
<P>(4) Provide a copy of your answer to all parties named in the complaint including the complainant. If you make a claim under § 291.111 for confidentiality, serve the redacted copy and proposed form of a protective agreement to all parties named in the complaint, including the complainant.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 291.108" NODE="30:2.0.1.3.16.0.181.10" TYPE="SECTION">
<HEAD>§ 291.108   How do I pay the processing fee?</HEAD>
<P>(a) You must pay the processing fee electronically through the Fees for Services page on the BSEE Web site at <I>http://www.bsee.gov,</I> and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your complaint.
</P>
<P>(b) You must include with the payment:
</P>
<P>(1) Your taxpayer identification number;
</P>
<P>(2) Your payor identification number, if applicable; and
</P>
<P>(3) The complaint caption, or any other applicable identification of the complaint you are filing.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 291.109" NODE="30:2.0.1.3.16.0.181.11" TYPE="SECTION">
<HEAD>§ 291.109   Can I ask for a fee waiver or a reduced processing fee?</HEAD>
<P>(a) BSEE may grant a fee waiver or fee reduction in extraordinary circumstances. You may request a waiver or reduction of your fee by:
</P>
<P>(1) Sending a written request to the BSEE Office of Policy and Analysis when you file your complaint; and
</P>
<P>(2) Demonstrating in your request that you are unable to pay the fee or that payment of the full fee would impose an undue hardship upon you.
</P>
<P>(b) The BSEE Office of Policy and Analysis will send you a written decision granting or denying your request for a fee waiver or a fee reduction.
</P>
<P>(1) If we grant your request for a fee reduction, you must pay the reduced processing fee within 30 days of the date you receive our decision.
</P>
<P>(2) If we deny your request, you must pay the entire processing fee within 30 days of the date you receive the decision.
</P>
<P>(3) BSEE's decision granting or denying a fee waiver or reduction is final for the Department.
</P>
<CITA TYPE="N">[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 291.110" NODE="30:2.0.1.3.16.0.181.12" TYPE="SECTION">
<HEAD>§ 291.110   Who may BSEE require to produce information?</HEAD>
<P>(a) BSEE may require any lessee, operator of a lease or unit, shipper, grantee, or transporter to provide information that BSEE believes is necessary to make a decision on whether open access or nondiscriminatory access was denied.
</P>
<P>(b) If you are a party and fail to provide information BSEE requires under paragraph (a) of this section, BSEE may:
</P>
<P>(1) Assess civil penalties under 30 CFR part 250, subpart N;
</P>
<P>(2) Dismiss your complaint or consider your answer incomplete; or
</P>
<P>(3) Presume the required information is adverse to you on the factual issues to which the information is relevant.
</P>
<P>(c) If you are not a party to a complaint and fail to provide information BSEE requires under paragraph (a) of this section, BSEE may assess civil penalties under 30 CFR part 250, subpart N.


</P>
</DIV8>


<DIV8 N="§ 291.111" NODE="30:2.0.1.3.16.0.181.13" TYPE="SECTION">
<HEAD>§ 291.111   How does BSEE treat the confidential information I provide?</HEAD>
<P>(a) Any person who provides documents under this part in response to a request by BSEE to inform a decision on whether open access or nondiscriminatory access was denied may claim that some or all of the information contained in a particular document is confidential. If you claim confidential treatment, then when you provide the document to BSEE you must:
</P>
<P>(1) Provide a complete unredacted copy of the document and indicate on that copy that you are making a request for confidential treatment for some or all of the information in the document.
</P>
<P>(2) Provide a statement specifying the specific statutory justification for nondisclosure of the information for which you claim confidential treatment. General claims of confidentiality are not sufficient. You must furnish sufficient information for BSEE to make an informed decision on the request for confidential treatment.
</P>
<P>(3) Provide a second copy of the document from which you have redacted the information for which you wish to claim confidential treatment. If you do not submit a second copy of the document with the confidential information redacted, BSEE may assume that there is no objection to public disclosure of the document in its entirety.
</P>
<P>(b) In making data and information you submit available to the public, BSEE will not disclose documents exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) and will follow the procedures set forth in the implementing regulations at 43 CFR part 2 to give submitters an opportunity to object to disclosure.
</P>
<P>(c) BSEE retains the right to make the determination with regard to any claim of confidentiality. BSEE will notify you of its decision to deny a claim, in whole or in part, and, to the extent permitted by law, will give you an opportunity to respond at least 10 days before its public disclosure.


</P>
</DIV8>


<DIV8 N="§ 291.112" NODE="30:2.0.1.3.16.0.181.14" TYPE="SECTION">
<HEAD>§ 291.112   What process will BSEE follow in rendering a decision on whether a grantee or transporter has provided open and nondiscriminatory access?</HEAD>
<P>BSEE will begin processing a complaint upon receipt of a processing fee or granting a waiver of the fee. The BSEE Director will review the complaint, answer, and other information, and will serve all parties with a written decision that:
</P>
<P>(a) Makes findings of fact and conclusions of law; and
</P>
<P>(b) Renders a decision determining whether the complainant has been denied open and nondiscriminatory access.


</P>
</DIV8>


<DIV8 N="§ 291.113" NODE="30:2.0.1.3.16.0.181.15" TYPE="SECTION">
<HEAD>§ 291.113   What actions may BSEE take to remedy denial of open and nondiscriminatory access?</HEAD>
<P>If the BSEE Director's decision under § 291.112 determines that the grantee or transporter has not provided open access or nondiscriminatory access, then the decision will describe the actions BSEE will take to require the grantee or transporter to remedy the denial of open access or nondiscriminatory access. The remedies BSEE would require must be consistent with BSEE's statutory authority, regulations, and any limits thereon due to Congressional delegations to other agencies. Actions BSEE may take include, but are not limited to:
</P>
<P>(a) Ordering grantees and transporters to provide open and nondiscriminatory access to the complainant;
</P>
<P>(b) Assessing civil penalties of up to $10,000 per day under 30 CFR part 250, subpart N, for failure to comply with a BSEE order to provide open access or nondiscriminatory access. Penalties will begin to accrue 60 days after the grantee or transporter receives the order to provide open and nondiscriminatory access if it has not provided such access by that time. However, if BSEE determines that requiring the construction of facilities would be an appropriate remedy under the OCSLA, penalties will begin to accrue 10 days after conclusion of diligent construction of needed facilities or 60 days after the grantee or transporter receives the order to provide open and nondiscriminatory access, whichever is later, if it has not provided such access by that time;
</P>
<P>(c) Requesting the Attorney General to institute a civil action in the appropriate United States District Court under 43 U.S.C. 1350(a) for a temporary restraining order, injunction, or other appropriate remedy to enforce the open and nondiscriminatory access requirements of 43 U.S.C. 1334(e) and (f)(1)(A); or
</P>
<P>(d) Initiating a proceeding to forfeit the right-of-way grant under 43 U.S.C. 1334(e).


</P>
</DIV8>


<DIV8 N="§ 291.114" NODE="30:2.0.1.3.16.0.181.16" TYPE="SECTION">
<HEAD>§ 291.114   How do I appeal to the IBLA?</HEAD>
<P>Any party, except as provided in § 291.115(b), adversely affected by a decision of the BSEE Director under this part may appeal to the Interior Board of Land Appeals (IBLA) under the procedures in 43 CFR part 4, subpart E.


</P>
</DIV8>


<DIV8 N="§ 291.115" NODE="30:2.0.1.3.16.0.181.17" TYPE="SECTION">
<HEAD>§ 291.115   How do I exhaust administrative remedies?</HEAD>
<P>(a) If the BSEE Director issues a decision under this part but does not expressly make the decision effective upon issuance, you must appeal the decision to the IBLA under 43 CFR part 4 to exhaust administrative remedies. Such decision will not be effective during the time in which a person adversely affected by the BSEE Director's decision may file a notice of appeal with the IBLA, and the timely filing of a notice of appeal will suspend the effect of the decision pending the decision on appeal.
</P>
<P>(b) This section does not apply if a decision was made effective by:
</P>
<P>(1) The BSEE Director; or
</P>
<P>(2) The Assistant Secretary for Land and Minerals Management.


</P>
</DIV8>

</DIV5>


<DIV5 N="292-299" NODE="30:2.0.1.3.17" TYPE="PART">
<HEAD>PARTS 292-299 [RESERVED]


</HEAD>
</DIV5>

</DIV4>

</DIV3>


<DIV3 N="IV" NODE="30:2.0.2" TYPE="CHAPTER">

<HEAD> CHAPTER IV—GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR</HEAD>

<DIV5 N="400" NODE="30:2.0.2.4.1" TYPE="PART">
<HEAD>PART 400 [RESERVED]


</HEAD>
</DIV5>


<DIV5 N="401" NODE="30:2.0.2.4.2" TYPE="PART">
<HEAD>PART 401—STATE WATER RESEARCH INSTITUTE PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>42 U.S.C. 10303.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>50 FR 23114, May 31, 1985, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.2.4.2.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 401.1" NODE="30:2.0.2.4.2.1.181.1" TYPE="SECTION">
<HEAD>§ 401.1   Purpose.</HEAD>
<P>The regulations in this part are issued pursuant to title I of the Water Research Act of 1984 (Pub. L. 98-242, 98 Stat. 97) which authorizes appropriations to, and confers authority upon, the Secretary of the Interior to promote a national program of water-resources research.


</P>
</DIV8>


<DIV8 N="§ 401.2" NODE="30:2.0.2.4.2.1.181.2" TYPE="SECTION">
<HEAD>§ 401.2   Delegation of authority.</HEAD>
<P>The State Water Research Institute Program, as authorized by section 104 of the Act, has been established as a component of the U.S. Geological Survey (USGS). Secretary of the Interior has delegated to the Director of the USGS authority to take the actions and make the determinations that, under the Act, are the responsibility of the Secretary.


</P>
</DIV8>


<DIV8 N="§ 401.3" NODE="30:2.0.2.4.2.1.181.3" TYPE="SECTION">
<HEAD>§ 401.3   Definitions.</HEAD>
<P><I>Act</I> means the Water Resources Research Act of 1984 (Pub. L. 98-242, 98 Stat. 97).
</P>
<P><I>Fiscal year</I> means a 12-month period ending on September 30. 
</P>
<P><I>Director</I> means the Director of the USGS or a designee.
</P>
<P><I>Grant</I> means the funds made available to an institute in a particular fiscal year pursuant to section 104 of the Act and the regulations in this chapter.
</P>
<P><I>Grantee</I> means the college or university at which an institute is established.
</P>
<P><I>Granting agency</I> means the USGS.
</P>
<P><I>Institute</I> means a water resources research institute, center, or equivalent agency established in accordance with Title I of the Act.
</P>
<P><I>Region</I> means any grouping of two or more institutes mutually chosen by themselves to reflect a commonality of water-resources problems.
</P>
<P><I>Scientists</I> means individuals engaged in any professional discipline, including the life, physical or social sciences, and engineers.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or a designee.
</P>
<P><I>State</I> means each of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia, Guam, American Samoa, the Commonwealth of the Mariana Islands, and the Federated States of Micronesia.
</P>
<CITA TYPE="N">[50 FR 23114, May 31, 1985, as amended at 58 FR 27204, May 7, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 401.4" NODE="30:2.0.2.4.2.1.181.4" TYPE="SECTION">
<HEAD>§ 401.4   Information collection.</HEAD>
<P>(a) The information collection requirements contained in sections 401.11 and 401.19 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1028-0044. The information will be used to support water related research and provide performance reports on accomplishments achieved under Pub. L. 98-242, 98 Stat. 97 (42 U.S.C. 10303). This information allows the agency to determine compliance with the objectives and criteria of the grant programs. Response is mandatory in accordance with 30 CFR 401.11 and 401.19.
</P>
<P>(b) Public reporting burden for the collection of information is estimated to average 84 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate, or any other suggestions for reducing the burden, to Paperwork Management Officer, U.S. Geological Survey, Paperwork Management Section MS 208, Reston, Virginia 22092 and the Office of Management and Budget, Paperwork Reduction Project (1028-0044), Washington, DC 20503.
</P>
<CITA TYPE="N">[58 FR 27204, May 7, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 401.5" NODE="30:2.0.2.4.2.1.181.5" TYPE="SECTION">
<HEAD>§ 401.5   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.2.4.2.2" TYPE="SUBPART">
<HEAD>Subpart B—Designation of Institutes; Institute Programs</HEAD>


<DIV8 N="§ 401.6" NODE="30:2.0.2.4.2.2.181.1" TYPE="SECTION">
<HEAD>§ 401.6   Designation of institutes.</HEAD>
<P>(a) As a condition of recognition as an established institute under the provisions of this chapter, each institute shall provide to the Director written evidence that it conforms to the requirements of subsection 104(a) of the Act, in that:
</P>
<P>(1) The institute is established at the college or university in the State that was established in accordance with the Act of July 21, 1862 (12 Stat. 503; 7 U.S.C. 301ff), <I>i.e.,</I> a “land-grant” institution, or;
</P>
<P>(2) If established at some other institution, the institute is at a college or university that has been designated by act of the legislature for the purposes of the Act, or;
</P>
<P>(3) If there is more than one “land-grant” institution in the State, and no designation has been made according to paragraph (a)(2) of this section, the institute has been established at the one such institution designated by the Governor of the State to participate in the program, or;
</P>
<P>(4) The institute has been designated as an interstate or regional institute by two or more cooperating States as provided in the Act.
</P>
<P>(b) The certification of designation made pursuant to paragraph (a) of this section shall originate following the issuance of these regulations, be signed by the highest ranking officer of the college or university at which the institute is established and be submitted to the Director within 90 days of the effective date of these regulations. It shall be accompanied either by the evidence of establishment under the provisions of 30 CFR part 401 or by new evidence of establishment made pursuant to these regulations.
</P>
<P>(c) Any institute not previously established under the provisions of the Water Resources Act of 1964 (Pub. L. 88-379, 78 Stat. 331) or the Water Research and Development Act of 1978 (Pub. L. 95-467, 92 Stat. 1305) shall also, in addition to the annual program application specified in § 401.11 of this chapter, submit to the Director the following information:
</P>
<P>(1) Evidence of the appointment by the governing authority of the college or university of an officer to receive and account for all funds paid under the provisions of the Act and to make annual reports to the granting agency on work accomplished; and
</P>
<P>(2) A management plan for meeting the requirements of the evaluation mandated by § 401.26.
</P>
<CITA TYPE="N">[50 FR 23114, May 31, 1985, as amended at 58 FR 27204, May 7, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 401.7" NODE="30:2.0.2.4.2.2.181.2" TYPE="SECTION">
<HEAD>§ 401.7   Programs of institutes.</HEAD>
<P>(a) Release of grant funds to participating institutes is conditioned on the ability of each receiving institute to plan, conduct, or otherwise arrange for:
</P>
<P>(1) Competent research, investigations, and experiments of either a basic or practical nature, or both, in relation to water resources;
</P>
<P>(2) Promotion of the dissemination and application of the results of these efforts; and 
</P>
<P>(3) Assistance in the training of scientists in relevant fields of endeavor to water resources through the research, investigations, and experiments.
</P>
<P>(b) Such research, investigations, experiments and training may include:
</P>
<P>(1) Aspects of the hydrologic cycle;
</P>
<P>(2) Supply and demand;
</P>
<P>(3) Demineralization of saline and other impaired waters;
</P>
<P>(4) Conservation and best use of available supplies of water and methods of increasing such supplies;
</P>
<P>(5) Water reuse;
</P>
<P>(6) Depletion and degradation of ground-water supplies;
</P>
<P>(7) Improvements in the productivity of water when used for agricultural, municipal, and commercial purposes;
</P>
<P>(8) The economic, legal, engineering, social, recreational, biological, geographical, ecological, or other aspects of water problems;
</P>
<P>(9) Scientific information dissemination activities, including identifying, assembling, and interpreting the results of scientific research on water resources problems, and ;
</P>
<P>(10) Providing means for improved communication of research results, having due regard for the varying conditions and needs of the respective States and regions.
</P>
<P>(c) An institute shall cooperate closely with other colleges and universities in the State that have demonstrated capabilities for research, information dissemination and graduate training in the development of its program. For purposes of financial management, reporting and other research program management and administration activities, the institutes shall be responsible for performance of the activities of other participating institutions.
</P>
<P>(d) Each institute shall cooperate closely with other institutes and other research organizations in the region to increase the effectiveness of the institutes, to coordinate their activities, and to avoid undue duplication of effort.


</P>
</DIV8>


<DIV8 N="§§ 401.8-401.10" NODE="30:2.0.2.4.2.2.181.3" TYPE="SECTION">
<HEAD>§§ 401.8-401.10   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.2.4.2.3" TYPE="SUBPART">
<HEAD>Subpart C—Application and Management Procedures</HEAD>


<DIV8 N="§ 401.11" NODE="30:2.0.2.4.2.3.181.1" TYPE="SECTION">
<HEAD>§ 401.11   Applications for grants.</HEAD>
<P>(a) Subject to the availability of appropriated funds, but not to exceed a total of $10 million, an equal amount of dollars will be available to each qualified institute in each fiscal year to assist it in carrying out the purposes of the Act. If the full amount of the appropriated funds is not obligated by the close of the fiscal year for which they were appropriated, the remaining funds shall be made available in the succeeding fiscal year to support competitively selected research projects under the terms of section 104(g) of the Act. Selection and approval of such projects shall be based on criteria to be determined by the Director. Announcement of such criteria shall be made by notice in the <E T="04">Federal Register.</E> The granting agency may retain an amount up to 15 percent of the total appropriation for administrative costs.
</P>
<P>(b) The granting agency will annually make available to qualified institutes instructions for the submittal of applications for grants. The instructions will include information pertinent only to a single fiscal year, such as the closing date for applications and the amount of funds initially available to each institute. They also will include notification of the provisions and assurances necessary to ensure that administration of the grant will be conducted in compliance with this chapter and other Federal laws and regulations applicable to grants to institutions of higher learning.
</P>
<P>(c) In making its application for funds to which it is entitled under the Act, each institute shall use and follow the standard form for Federal assistance (SF 424, Federal Assistance). No preapplication is required. The institute shall include in section IV of Standard Form 424 evidence that its application was:
</P>
<P>(1) Developed in close consultation and collaboration with senior personnel of the State's department of water resources or similar agencies, other leading water resources officials within the State, and interested members of the public;
</P>
<P>(2) Coordinated with other institutes in the region for the purposes of avoiding duplication of effort and encouraging regional cooperation in research areas of water management, development, and conservation that have a regional or national character; and 
</P>
<P>(3) Reviewed for technical merit of its research components by qualified scientists.
</P>
<P>(d) Each application shall further include:
</P>
<P>(1) A financial plan relating expenditures to scheduled activity and rate of effort to be expended and indicating the times at which there will be need for specified amounts of Federal funds; and 
</P>
<P>(2) A description of the institute's arrangements for development, administration, and technical oversight of the research program.
</P>
<P>(e) Each annual program application is to include separately identifiable proposals for conduct of research to meet the needs of the State and region. Such proposals must set forth for each project:
</P>
<P>(1) The nature, scope and objectives of the project to be undertaken;
</P>
<P>(2) Its importance to the State, region, or Nation; its relation to other known research projects already completed or in progress; and the anticipated applicability of the research results;
</P>
<P>(3) The period during which it will be pursued;
</P>
<P>(4) The names and qualifications of the senior professional personnel who will direct and conduct the project;
</P>
<P>(5) Its estimated costs, with a breakdown of the costs per year; and 
</P>
<P>(6) The extent of which it will provide opportunity for the training of scientists.
</P>
<P>(f) Each program application shall contain a plan for disseminating information on the results of research and promoting their application. Plans which require the use of grant funds shall contain:
</P>
<P>(1) Definition of the topics for dissemination;
</P>
<P>(2) Identification of the target audiences for dissemination;
</P>
<P>(3) Strategies for accomplishing the dissemination;
</P>
<P>(4) Duties and qualifications of the personnel to be involved;
</P>
<P>(5) Estimated costs of each identifiable element of the plan; and
</P>
<P>(6) Identification of cooperating entities.
</P>
<P>(g) The application shall provide assurance that non-Federal dollars will be available to share the costs of the proposed program. The Federal funds are to be matched on a basis of no less than two non-Federal dollars for each Federal dollar, unless this matching requirement has been waived.
</P>
<P>(h) The granting agency will evaluate the proposals for consistency with the provisions of its instructions and this chapter and within no more than 90 days request any revisions and additions necessary for such consistency.
</P>
<CITA TYPE="N">[50 FR 23114, May 31, 1985, as amended at 58 FR 27204, May 7, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 401.12" NODE="30:2.0.2.4.2.3.181.2" TYPE="SECTION">
<HEAD>§ 401.12   Program management.</HEAD>
<P>(a) Upon approval of each fiscal year's proposed program, the granting agency will transmit to the grantee an award which will incorporate the application and assurances.
</P>
<P>(b) The grant is effective and constitutes an obligation of Federal funds in the amount and for the purpose stated in the award document at the time of the Director's signature.
</P>
<P>(c)(1) Acceptance of the award document certifies the grantee's assurance that the grant will be administered in compliance with OMB regulations, policies, guidelines, and requirements as described in:
</P>
<P>(i) Circular No. A-21, revised, Cost Principles of Educational Institutions;
</P>
<P>(ii) Memorandum No. M-92-01, Coordination of Water Resources Information;
</P>
<P>(iii) Circular No. A-88, revised, Indirect Cost Rates, Audit and Audit Follow-up at Educational Institutions;
</P>
<P>(iv) Circular No. A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Nonprofit Organizations; and
</P>
<P>(v) Circular No. A-124, Patents—Small Business Firms and Nonprofit Organizations.
</P>
<P>(2) Copies of the documents listed in paragraph (c)(1) of this section shall be available from the granting agency.
</P>
<CITA TYPE="N">[50 FR 23114, May 31, 1985, as amended at 58 FR 27204, May 7, 1993]


</CITA>
</DIV8>


<DIV8 N="§§ 401.13-401.18" NODE="30:2.0.2.4.2.3.181.3" TYPE="SECTION">
<HEAD>§§ 401.13-401.18   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.2.4.2.4" TYPE="SUBPART">
<HEAD>Subpart D—Reporting</HEAD>


<DIV8 N="§ 401.19" NODE="30:2.0.2.4.2.4.181.1" TYPE="SECTION">
<HEAD>§ 401.19   Reporting procedures.</HEAD>
<P>(a) The institutes are encouraged to publish, as technical reports or in the professional literature, the findings, results, and conclusions relating to separately identifiable research projects undertaken pursuant to the Act.
</P>
<P>(b) Each institute shall submit to the granting agency, by a date to be specified in the award document, an annual program report which provides:
</P>
<P>(1) A statement concerning the relationship of the institute's program to the water problems and issues of the State;
</P>
<P>(2) A synopsis of the objectives, methods, and conclusions of each project completed within the period covered;
</P>
<P>(3) A progress report on each project continuing into the subsequent fiscal year;
</P>
<P>(4) Citations of all reports, papers, publications or other communicable products resulting from each project completed or in progress;
</P>
<P>(5) A description of all activities undertaken for the purpose of promoting the application of research results; 
</P>
<P>(6) A description of cooperative arrangements with other educational institutions, State agencies, and others.
</P>
<P>(c) One manuscript of reproducible quality and two copies of the annual program report shall be furnished to the granting agency. One copy of a complete report on the objectives, methods, and conclusions of each research project shall be maintained by the institute and open to inspection.
</P>
<P>(d) Appropriate acknowledgment shall be given by institutes to the granting agency's participation in financing activities carried out under provisions of the Act. Such acknowledgment shall be included in all reports, publications, news releases, and other information media developed by institutes and others to publicize, describe, or report upon accomplishments and activities of the program.
</P>
<P>(e) An original and two copies of the final “Financial Status Report,” SF 269, shall be furnished to the granting agency within 90 days of completion of the grant period.


</P>
</DIV8>


<DIV8 N="§§ 401.20-401.25" NODE="30:2.0.2.4.2.4.181.2" TYPE="SECTION">
<HEAD>§§ 401.20-401.25   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:2.0.2.4.2.5" TYPE="SUBPART">
<HEAD>Subpart E—Evaluation</HEAD>


<DIV8 N="§ 401.26" NODE="30:2.0.2.4.2.5.181.1" TYPE="SECTION">
<HEAD>§ 401.26   Evaluation of institutes.</HEAD>
<P>(a) Within 2 years of the date of its certification according to the provisions of § 401.6, each institute will be evaluated for the purpose of determining whether the national interest warrants its continued support under the provisions of the Act. That determination shall be based on:
</P>
<P>(1) The quality and relevance of its water resources research as funded under the Act;
</P>
<P>(2) Its effectiveness as an institution for planning, conducting, or arranging for research;
</P>
<P>(3) Its demonstrated performance in making research results available to users in the State and elsewhere; and
</P>
<P>(4) Its demonstrated record in providing for the training of scientists through student involvement in its research program.
</P>
<P>(b) An evaluation team, selected by the granting agency on the basis of the members' knowledge of water research and administration, shall evaluate each institute, and may with the concurrence of the granting agency, visit such institutes as it considers necessary. The team is to include at least one individual from each of the following categories:
</P>
<P>(1) Employees of the Department of the Interior;
</P>
<P>(2) University faculty or other professionals with relevant experience in the conduct of water resources research;
</P>
<P>(3) Former directors of water research institutes; and
</P>
<P>(4) University faculty or other professionals with relevant experience in information transfer.
</P>
<P>(c) The granting agency may request recommendations for team selections from the National Research Council/National Academy of Sciences and from other organizations whose members include the types of individuals cited in paragraph (b) of this section.
</P>
<P>(d) The granting agency shall, as an administrative cost, provide the funds for travel and per diem expense of the team members, within the maximum limits allowable under Federal travel regulations (41 CFR subtitle F).
</P>
<P>(e) The granting agency has the right to select dates for evaluation visits, and notice of the team's visit shall be provided to the institute being evaluated at least 60 days in advance.
</P>
<P>(f) It shall be the responsibility of each institute to provide such documentation of its activities and accomplishments as the granting agency and evaluation team may reasonably request. The request for this documentation shall be made at least 60 days prior to the due date of its receipt.
</P>
<P>(g) The team shall, within 90 days after completion of its evaluation, submit a written report of its findings to the granting agency for transmittal to the institute. If an institute is found to have deficiencies in meeting the objectives of the Act, it shall be allowed 1 year to correct them and to report such action to the granting agency. The decision as to the institute's eligibility to receive further funding will rest with the granting agency.
</P>
<P>(h) After the initial evaluation, each institute shall be reevaluated at least every 5 years.
</P>
<CITA TYPE="N">[58 FR 27204, May 7, 1993]


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="402" NODE="30:2.0.2.4.3" TYPE="PART">
<HEAD>PART 402—WATER-RESOURCES RESEARCH PROGRAM AND THE WATER-RESOURCES TECHNOLOGY DEVELOPMENT PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 105 and 106, Pub. L. 98-242, 98 Stat. 97 (42 U.S.C. 10304 and 10305).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>51 FR 20963, June 10, 1986, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.2.4.3.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 402.1" NODE="30:2.0.2.4.3.1.181.1" TYPE="SECTION">
<HEAD>§ 402.1   Purpose.</HEAD>
<P>The regulations in this part are issued pursuant to title I of the Water Resources Research Act of 1984 (Pub. L. 98-242, 98 Stat. 97), which authorizes appropriations to, and confers authority upon, the Secretary of the Interior to promote national programs of water-resources research and technology development.


</P>
</DIV8>


<DIV8 N="§ 402.2" NODE="30:2.0.2.4.3.1.181.2" TYPE="SECTION">
<HEAD>§ 402.2   Delegation of authority.</HEAD>
<P>The Water-Resources Research Program and the Water-Resources Technology Development Program, as authorized by sections 105 and 106 of the Act (42 U.S.C. 10304 and 10305), have been established as components of the USGS. The Secretary of the Interior has delegated to the Director of the USGS authority to take actions and make the determinations that, under the Act, are the responsibility of the Secretary.


</P>
</DIV8>


<DIV8 N="§ 402.3" NODE="30:2.0.2.4.3.1.181.3" TYPE="SECTION">
<HEAD>§ 402.3   Definitions.</HEAD>
<P>(a) <I>Grant</I> is used in these rules as a generic term for a Federal assistance award, including project grants and cooperative agreements.
</P>
<P>(b) <I>Act</I> means the Water Resources Research Act of 1984 (Pub. L. 98-242, 98 Stat. 97).
</P>
<P>(c) <I>Educational institution</I> means any educational institution—privately and/or publicly owned.
</P>
<P>(d) <I>Dollar-for-dollar matching grant</I> means for each Federal dollar provided to support the projects, a non-Federal dollar also must be provided to the project.


</P>
</DIV8>


<DIV8 N="§ 402.4" NODE="30:2.0.2.4.3.1.181.4" TYPE="SECTION">
<HEAD>§ 402.4   Information collection.</HEAD>
<P>The information-collection requirements contained in sections 402.10, 402.11, and 402.15 have been approved by the OMB under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1028-0046. The application proposals being collected will contain technical information that will be used by the USGS as a basis for selection and award of grants. The progress reports being collected will contain a description of all work accomplished and results achieved on each funded project and will enable the USGS to carry out its oversight responsibilities and provide dissemination of technical information.


</P>
</DIV8>


<DIV8 N="§ 402.5" NODE="30:2.0.2.4.3.1.181.5" TYPE="SECTION">
<HEAD>§ 402.5   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.2.4.3.2" TYPE="SUBPART">
<HEAD>Subpart B—Description of Water-Resources Programs</HEAD>


<DIV8 N="§ 402.6" NODE="30:2.0.2.4.3.2.181.1" TYPE="SECTION">
<HEAD>§ 402.6   Water-Resources Research Program.</HEAD>
<P>(a) Subject to the availability of appropriated funds, the Water-Resources Research Program will provide support, in the form of a dollar-for-dollar matching grant, to educational institutions, private foundations, private firms, individuals, and agencies of local or State governments for research concerning any aspect of a water-resource related problem deemed to be in the national interest. Federal agencies are excluded from receiving matching grants. Grants may be awarded on other than a dollar-for-dollar matching basis in cases where the USGS determines that research on a high-priority subject is of a basic nature that otherwise would not be undertaken.
</P>
<P>(b) The types of research to be undertaken under this program are listed below, without indication of priority:
</P>
<P>(1) Aspects of the hydrologic cycle;
</P>
<P>(2) Supply and demand for water;
</P>
<P>(3) Demineralization of saline and other impaired waters;
</P>
<P>(4) Conservation and best use of available supplies of water and methods of increasing such supplies;
</P>
<P>(5) Water reuse;
</P>
<P>(6) Depletion and degradation of groundwater supplies;
</P>
<P>(7) Improvements in the productivity of water when used for agricultural, municipal, and commercial purposes; and
</P>
<P>(8) The economic, legal, engineering, social, recreational, biological, geographic, ecological, and other aspects of water problems.
</P>
<P>(9) Scientific information-dissemination activities, including identifying, assembling, and interpreting the results of scientific and engineering research on water-resources problems.
</P>
<P>(10) Providing means for improved communications of research results, having due regard for the varying conditions and needs for the respective States and regions.


</P>
</DIV8>


<DIV8 N="§ 402.7" NODE="30:2.0.2.4.3.2.181.2" TYPE="SECTION">
<HEAD>§ 402.7   Water-Resources Technology Development Program.</HEAD>
<P>(a) Subject to the availability of appropriated funds, the Water-Resources Technology Development Program will provide funds in the form of grants or contracts to educational institutions, private firms, private foundations, individuals, and agencies of local or State governments for technology development concerning any aspect of water-related technology deemed to be of State, regional, and national importance, including technology associated with improvement of waters of impaired quality and the operation of test facilities. Federal agencies are excluded from receiving grants or contracts. The types of technology-development to be undertaken under this program shall include paragraphs 1 through 10 of § 402.6(b).
</P>
<P>(b) The USGS may establish any condition for the matching of funds by the recipient of any grant or cost-sharing under a contract under the technology-development program which the USGS considers to be in the best interest of the Nation.


</P>
</DIV8>


<DIV8 N="§§ 402.8-402.9" NODE="30:2.0.2.4.3.2.181.3" TYPE="SECTION">
<HEAD>§§ 402.8-402.9   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.2.4.3.3" TYPE="SUBPART">
<HEAD>Subpart C—Application, Evaluation, and Management Procedures</HEAD>


<DIV8 N="§ 402.10" NODE="30:2.0.2.4.3.3.181.1" TYPE="SECTION">
<HEAD>§ 402.10   Research-project applications.</HEAD>
<P>(a) Only those applications for grants that are in response to and meet the guidelines of specific USGS announcements will be considered for funding appropriated for this program.
</P>
<P>(b) The USGS program announcements will identify priorities, matching requirements, particular areas of interest, criteria for evaluation, OMB regulations as appropriate, assurances, closing date, and proposal submittal instructions. Program announcements may also include criteria for high-priority subjects of a basic nature that may be funded on other than a dollar-for-dollar basis. Program announcements will be distributed to names on the current USGS mailing list for the Water-Resources Research Program announcements, including new requests received in response to published notices of upcoming program announcements.
</P>
<P>(c) Notification of the availability of the program announcement will be published in the Commerce Business Daily and/or <E T="04">Federal Register.</E>
</P>
<P>(d) The application for funds must be signed by an individual or official authorized to commit the applicant and it must contain:
</P>
<P>(1) A Standard Form 424 “Federal Assistance,” sections I and II completed by applicant, used as the cover sheet for each proposal.
</P>
<P>(2) A project summary of no more than one typed, single-spaced page providing the following specific information:
</P>
<P>(i) Identification of the water or water-related problems and the problem-solution approach;
</P>
<P>(ii) Identification of the proposed scientific contribution of the problem solution;
</P>
<P>(iii) Concise statement of the specific objectives of the project;
</P>
<P>(iv) Identification of the approach to be used to accomplish the work; and
</P>
<P>(v) Identification of potential users of the proposed work.
</P>
<P>(3) Narrative information, as specified in the published program announcement, such as project title, project objectives, background information, research tasks, methodology to conduct the research task, the relevancy of the proposed project to water-resources problems, qualifications of the principal investigators and their organizations, and proposed budget with supporting information sufficient to allow evaluation of costs. 


</P>
</DIV8>


<DIV8 N="§ 402.11" NODE="30:2.0.2.4.3.3.181.2" TYPE="SECTION">
<HEAD>§ 402.11   Technology-development project applications.</HEAD>
<P>(a) Grant awards will be used to support those portions of the program for which the principal purpose is other than as described in § 402.11(b). Program announcements and applications will be governed by the same procedures provided in § 402.10.
</P>
<P>(b) If it is determined that the principal purpose of a planned award (or awards) is to acquire goods or services for the direct benefit or use of the Government, the action must be regarded as a procurement contract. A competitive solicitation prepared in accordance with applicable acquisition regulations will be issued to interested parties. Notification of the availability of any contract solicitation will be published in the Commerce Business Daily, unless waived in accordance with § 5.202 of the Federal Acquisition Regulation (FAR). Contracts may be awarded without full and open competition only if justified in accordance with FAR subpart 6.3.


</P>
</DIV8>


<DIV8 N="§ 402.12" NODE="30:2.0.2.4.3.3.181.3" TYPE="SECTION">
<HEAD>§ 402.12   Evaluation of applications for grants and contracts.</HEAD>
<P>(a) <I>Grants.</I> (1) Each grant application will receive technical evaluations from Government and/or non-Government scientific or engineering personnel. Utilizing the criteria for evaluation identified in the applicable announcement, each reviewer will assign a technical score.
</P>
<P>(2) Grant applications with low technical ratings will be screened out, and the remaining grant applications will be rank-ordered by review panels.
</P>
<P>(3) USGS program officials will compile a single, consolidated rank-ordered list of the grant applications based on technical scoring, program needs and published priorities, and the available Federal funds.
</P>
<P>(b) <I>Contracts.</I> Proposals for contract awards will be evaluated by a USGS panel. Contracts will be awarded according to procedures contained in the FAR, the Department of the Interior Acquisition Regulation, and in acquisition policy releases issued by the Department and by the USGS.


</P>
</DIV8>


<DIV8 N="§ 402.13" NODE="30:2.0.2.4.3.3.181.4" TYPE="SECTION">
<HEAD>§ 402.13   Program management.</HEAD>
<P>(a) After the conclusion of negotiations, the USGS will transmit a grant or contract-award document, as appropriate, setting forth the terms of the award.
</P>
<P>(b) <I>Grants.</I> Recipients will be required to execute funded projects in accordance with OMB Circulars governing cost principles, administrative requirements, and audit, as applicable to their organization type. In addition, OMB Circular A-67, Coordination of Federal Activities in the Acquisition of Certain Water Data, is applicable to awards under these programs.
</P>
<P>(c) <I>Contracts.</I> Administrative requirements for performance of research contracts will be established in the contract clauses in conformance with applicable procurement regulations and other interior or USGS acquisition policy documents. OMB Circular A-67 will also apply to some contract awards under this program.


</P>
</DIV8>


<DIV8 N="§ 402.14" NODE="30:2.0.2.4.3.3.181.5" TYPE="SECTION">
<HEAD>§ 402.14   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.2.4.3.4" TYPE="SUBPART">
<HEAD>Subpart D—Reporting</HEAD>


<DIV8 N="§ 402.15" NODE="30:2.0.2.4.3.4.181.1" TYPE="SECTION">
<HEAD>§ 402.15   Reporting procedures.</HEAD>
<P>(a) Grantees or contractors will be required to submit the following technical reports to the USGS address identified under the terms and conditions of each award.
</P>
<P>(1) <I>Quarterly Technical Progress Report.</I> This report shall include a description of all work accomplished, results achieved, and any changes that affect the project's scope of work, time schedule, and personnel assignments.
</P>
<P>(2) <I>Draft Technical Completion Report.</I> The draft report will be required for review prior to submission of the final technical completion report.
</P>
<P>(3) <I>Final Technical Completion Report.</I> The final report and a camera-ready copy shall be submitted to the USGS within 90 days after the expiration date of the award and shall include a summary of all work accomplished, results achieved, conclusions, and recommendations. The camera-ready copy shall be prepared in a manner suitable for reproduction by a photographic process. Format will be specified in the terms and conditions of the award.
</P>
<P>(4) <I>Final Report Abstract.</I> A complete Water-Resources Scientific Information Center Abstract Form 102 and National Technical Information Service Form 79 shall be submitted with the final report.
</P>
<P>(b) Grantees or contractors will be required to submit financial, administrative, and closeout reports as identified under the terms of each award. Reporting requirements will conform to the procedures described in the Departmental Manual of the Department of the Interior at 505 DM 1-5.
</P>
<P>(c) Contracts for technology-development projects may also require delivery of hardware items produced and/or specifications, drawings, test results, or other data describing the funded technology.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="403-499" NODE="30:2.0.2.4.4" TYPE="PART">
<HEAD>PARTS 403-499 [RESERVED]


</HEAD>
</DIV5>

</DIV3>


<DIV3 N="V" NODE="30:2.0.3" TYPE="CHAPTER">

<HEAD> CHAPTER V—BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR</HEAD>

<DIV4 N="A" NODE="30:2.0.3.4" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER A—MINERALS REVENUE MANAGEMENT


</HEAD>

<DIV5 N="500-519" NODE="30:2.0.3.4.1" TYPE="PART">
<HEAD>PARTS 500-519 [RESERVED]


</HEAD>
</DIV5>

</DIV4>


<DIV4 N="B" NODE="30:2.0.3.5" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER B—OFFSHORE




</HEAD>

<DIV5 N="550" NODE="30:2.0.3.5.2" TYPE="PART">
<HEAD>PART 550—OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER CONTINENTAL SHELF


</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334.




</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>Nomenclature changes to part 550 appear at 90 FR 24071, June 6, 2025.</PSPACE></EDNOTE>

<DIV6 N="A" NODE="30:2.0.3.5.2.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV7 N="210" NODE="30:2.0.3.5.2.1.210" TYPE="SUBJGRP">
<HEAD>Authority and Definition of Terms</HEAD>


<DIV8 N="§ 550.101" NODE="30:2.0.3.5.2.1.210.1" TYPE="SECTION">
<HEAD>§ 550.101   Authority and applicability.</HEAD>
<P>The Secretary of the Interior (Secretary) authorized the Bureau of Ocean Energy Management (BOEM) to regulate oil, gas, and sulfur exploration, development, and production operations on the Outer Continental Shelf (OCS). Under the Secretary's authority, the BOEM Director requires that all operations:
</P>
<P>(a) Be conducted according to the OCS Lands Act (OCSLA), the regulations in this part, BOEM orders, the lease or right-of-way, and other applicable laws, regulations, and amendments; and
</P>
<P>(b) Conform to sound conservation practice to preserve, protect, and develop mineral resources of the OCS to:
</P>
<P>(1) Make resources available to meet the Nation's energy needs;
</P>
<P>(2) Balance orderly energy resource development with protection of the human, marine, and coastal environments;
</P>
<P>(3) Ensure the public receives a fair and equitable return on the resources of the OCS;
</P>
<P>(4) Preserve and maintain free enterprise competition; and
</P>
<P>(5) Minimize or eliminate conflicts between the exploration, development, and production of oil and natural gas and the recovery of other resources.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 89 FR 31585, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 550.102" NODE="30:2.0.3.5.2.1.210.2" TYPE="SECTION">
<HEAD>§ 550.102   What does this part do?</HEAD>
<P>(a) This part contains the regulations of the BOEM Offshore program that govern oil, gas, and sulfur exploration, development, and production operations on the OCS. When you conduct operations on the OCS, you must submit requests, applications, and notices, or provide supplemental information for BOEM approval.
</P>
<P>(b) The following table of general references shows where to look for information about these processes.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table—Where To Find Information for Conducting Operations
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For information about
</TH><TH class="gpotbl_colhed" scope="col">Refer to
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Applications for permit to drill</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart D.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Development and Production Plans (DPP)</TD><TD align="left" class="gpotbl_cell">30 CFR 550, subpart B.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Downhole commingling</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart K.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Exploration Plans (EP)</TD><TD align="left" class="gpotbl_cell">30 CFR 550, subpart B.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Flaring</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart K.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Gas measurement</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart L.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Off-lease geological and geophysical permits</TD><TD align="left" class="gpotbl_cell">30 CFR 551.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Oil spill financial responsibility coverage</TD><TD align="left" class="gpotbl_cell">30 CFR 553.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Oil and gas production safety systems</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart H.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Oil spill response plans</TD><TD align="left" class="gpotbl_cell">30 CFR 254.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Oil and gas well-completion operations</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Oil and gas well-workover operations</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart F.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Decommissioning Activities</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart Q.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) Platforms and structures</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart I.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) Pipelines and Pipeline Rights-of-Way</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart J and 30 CFR 550, subpart J.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) Sulfur operations</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart P.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(17) Training</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart O.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(18) Unitization</TD><TD align="left" class="gpotbl_cell">30 CFR 250, subpart M.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 89 FR 31585, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 550.103" NODE="30:2.0.3.5.2.1.210.3" TYPE="SECTION">
<HEAD>§ 550.103   Where can I find more information about the requirements in this part?</HEAD>
<P>BOEM may issue Notices to Lessees and Operators (NTLs) that clarify or provide more detail about certain regulatory requirements. NTLs may also outline what information you must provide, as required by regulation, in your various submissions to BOEM.
</P>
<CITA TYPE="N">[89 FR 31586, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 550.104" NODE="30:2.0.3.5.2.1.210.4" TYPE="SECTION">
<HEAD>§ 550.104   How may I appeal a decision made under BOEM regulations?</HEAD>
<P>To appeal orders or decisions issued under BOEM regulations in 30 CFR parts 550 to 582, follow the procedures in 30 CFR part 590.


</P>
</DIV8>


<DIV8 N="§ 550.105" NODE="30:2.0.3.5.2.1.210.5" TYPE="SECTION">
<HEAD>§ 550.105   Definitions.</HEAD>
<P>Terms used in this part will have the meanings given in the Act and as defined in this section:
</P>
<P><I>Act</I> means the OCS Lands Act, as amended (43 U.S.C. 1331 <I>et seq.</I>)
</P>
<P><I>Affected State</I> means with respect to any program, plan, lease sale, or other activity proposed, conducted, or approved under the provisions of the Act, any State:
</P>
<P>(1) The laws of which are declared, under section 4(a)(2) of the Act, to be the law of the United States for the portion of the OCS on which such activity is, or is proposed to be, conducted;
</P>
<P>(2) Which is, or is proposed to be, directly connected by transportation facilities to any artificial island or installation or other device permanently or temporarily attached to the seabed;
</P>
<P>(3) Which is receiving, or according to the proposed activity, will receive oil for processing, refining, or transshipment that was extracted from the OCS and transported directly to such State by means of vessels or by a combination of means including vessels;
</P>
<P>(4) Which is designated by the Secretary as a State in which there is a substantial probability of significant impact on or damage to the coastal, marine, or human environment, or a State in which there will be significant changes in the social, governmental, or economic infrastructure, resulting from the exploration, development, and production of oil and gas anywhere on the OCS; or
</P>
<P>(5) In which the Secretary finds that because of such activity there is, or will be, a significant risk of serious damage, due to factors such as prevailing winds and currents to the marine or coastal environment in the event of any oil spill, blowout, or release of oil or gas from vessels, pipelines, or other transshipment facilities.
</P>
<P><I>Analyzed geological information</I> means data collected under a permit or a lease that have been analyzed. Analysis may include, but is not limited to, identification of lithologic and fossil content, core analysis, laboratory analyses of physical and chemical properties, well logs or charts, results from formation fluid tests, and descriptions of hydrocarbon occurrences or hazardous conditions.
</P>
<P><I>Ancillary activities</I> mean those activities on your lease or unit that you:
</P>
<P>(1) Conduct to obtain data and information to ensure proper exploration or development of your lease or unit; and
</P>
<P>(2) Can conduct without BOEM approval of an application or permit.
</P>
<P><I>Archaeological interest</I> means capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation.


</P>
<P><I>Archaeological resource</I> means any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest.


</P>
<P><I>Arctic OCS</I> means the Beaufort Sea and Chukchi Sea Planning Areas (for more information on these areas, see the Proposed Final OCS Oil and Gas Leasing Program for 2012-2017 (June 2012) at <I>http://www.boem.gov/Oil-and-Gas-Energy-Program/Leasing/Five-Year-Program/2012-2017/Program-Area-Maps/index.aspx</I>).


</P>
<P><I>Arctic OCS conditions</I> means, for the purposes of this part, the conditions operators can reasonably expect during operations on the Arctic OCS. Such conditions, depending on the time of year, include, but are not limited to: extreme cold, freezing spray, snow, extended periods of low light, strong winds, dense fog, sea ice, strong currents, and dangerous sea states. Remote location, relative lack of infrastructure, and the existence of subsistence hunting and fishing areas are also characteristic of the Arctic region.
</P>
<P><I>Assign</I> means to convey an ownership interest in an oil, gas, or sulfur lease, ROW grant or RUE grant. For the purposes of this part, “assign” is synonymous with “transfer” and the two terms are used interchangeably.
</P>
<P><I>Attainment area</I> means, for any criteria air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator of the Environmental Protection Agency (EPA) to be reliable) not to exceed any primary or secondary ambient air quality standards established by EPA.
</P>
<P><I>Best available and safest technology (BAST)</I> means the best available and safest technologies that the Director determines to be economically feasible wherever failure of equipment would have a significant effect on safety, health, or the environment.
</P>
<P><I>Best available control technology (BACT)</I> means an emission limitation based on the maximum degree of reduction for each criteria air pollutant and VOC subject to regulation, taking into account energy, environmental and economic impacts, and other costs. The Regional Director will verify the BACT on a case-by-case basis, and it may include reductions achieved through the application of processes, systems, and techniques for the control of each criteria air pollutant and VOC.
</P>
<P><I>Coastal environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone.
</P>
<P><I>Coastal zone</I> means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder) strongly influenced by each other and in proximity to the shorelands of the several coastal States. The coastal zone includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches. The coastal zone extends seaward to the outer limit of the U.S. territorial sea and extends inland from the shorelines to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by the several coastal States, under the authority in section 305(b)(1) of the Coastal Zone Management Act (CZMA) of 1972.
</P>
<P><I>Competitive reservoir</I> means a reservoir in which there are one or more producible or producing well completions on each of two or more leases or portions of leases, with different lease operating interests, from which the lessees plan future production.
</P>
<P><I>Correlative rights</I> when used with respect to lessees of adjacent leases, means the right of each lessee to be afforded an equal opportunity to explore for, develop, and produce, without waste, minerals from a common source.
</P>
<P><I>Criteria air pollutant</I> means any air pollutant for which the United States Environmental Protection Agency (U.S. EPA) has established a primary or secondary National Ambient Air Quality Standard (NAAQS) pursuant to section 109 of the Clean Air Act.
</P>
<P><I>Data</I> means facts and statistics, measurements, or samples that have not been analyzed, processed, or interpreted.
</P>
<P><I>Departures</I> mean approvals granted by the appropriate BSEE or BOEM representative for operating requirements/procedures other than those specified in the regulations found in this part. These requirements/procedures may be necessary to control a well; properly develop a lease; conserve natural resources, or protect life, property, or the marine, coastal, or human environment.
</P>
<P><I>Development</I> means those activities that take place following discovery of minerals in paying quantities, including but not limited to geophysical activity, drilling, platform construction, and operation of all directly related onshore support facilities, and which are for the purpose of producing the minerals discovered.
</P>
<P><I>Development geological and geophysical (G&amp;G) activities</I> means those G&amp;G and related data-gathering activities on your lease or unit that you conduct following discovery of oil, gas, or sulfur in paying quantities to detect or imply the presence of oil, gas, or sulfur in commercial quantities.
</P>
<P><I>Director</I> means the Director of BOEM of the U.S. Department of the Interior, or an official authorized to act on the Director's behalf.
</P>
<P><I>District Manager</I> means the BSEE officer with authority and responsibility for operations or other designated program functions for a district within a BSEE Region.
</P>
<P><I>Eastern Gulf of America</I> means all OCS areas of the Gulf of America the BOEM Director decides are adjacent to the State of Florida. The Eastern Gulf of America is not the same as the Eastern Planning Area, an area established for OCS lease sales.




</P>
<P><I>Emission offsets</I> mean emission reductions obtained from facilities, either onshore or offshore, other than the facility or facilities covered by the proposed Exploration Plan (EP), Development and Production Plan (DPP), or Development Operations Coordination Document (DOCD).
</P>
<P><I>Enhanced recovery operations</I> mean pressure maintenance operations, secondary and tertiary recovery, cycling, and similar recovery operations that alter the natural forces in a reservoir to increase the ultimate recovery of oil or gas.
</P>
<P><I>Existing facility,</I> as used in § 550.303, means an Outer Continental Shelf (OCS) facility described in an Exploration Plan, a Development and Production Plan, or a Development Operations Coordination Document, approved before June 2, 1980.
</P>
<P><I>Exploration</I> means the commercial search for oil, gas, or sulfur. Activities classified as exploration include but are not limited to:
</P>
<P>(1) Geophysical and geological (G&amp;G) surveys using magnetic, gravity, seismic reflection, seismic refraction, gas sniffers, coring, or other systems to detect or imply the presence of oil, gas, or sulfur; and
</P>
<P>(2) Any drilling conducted for the purpose of searching for commercial quantities of oil, gas, and sulfur, including the drilling of any additional well needed to delineate any reservoir to enable the lessee to decide whether to proceed with development and production.
</P>
<P><I>Facility,</I> as used in § 550.303, means all installations or devices permanently or temporarily attached to the seabed. They include mobile offshore drilling units (MODUs), even while operating in the “tender assist” mode (<I>i.e.,</I> with skid-off drilling units) or other vessels engaged in drilling or downhole operations. They are used for exploration, development, and production activities for oil, gas, or sulfur and emit or have the potential to emit any air pollutant from one or more sources. They include all floating production systems (FPSs), including column-stabilized-units (CSUs); floating production, storage and offloading facilities (FPSOs); tension-leg platforms (TLPs); spars, etc. During production, multiple installations or devices are a single facility if the installations or devices are at a single site. Any vessel used to transfer production from an offshore facility is part of the facility while it is physically attached to the facility.
</P>
<P><I>Financial assurance</I> means a surety bond, a pledge of Treasury securities, a decommissioning account, a third-party guarantee, or another form of security acceptable to the BOEM Regional Director, that is used to ensure compliance with obligations under the regulations in this part and under the terms of a lease, a RUE grant, or a pipeline ROW grant.
</P>
<P><I>Flaring</I> means the burning of natural gas as it is released into the atmosphere.
</P>
<P><I>Gas reservoir</I> means a reservoir that contains hydrocarbons predominantly in a gaseous (single-phase) state.
</P>
<P><I>Gas-well completion</I> means a well completed in a gas reservoir or in the associated gas-cap of an oil reservoir.
</P>
<P><I>Geological and geophysical (G&amp;G) explorations</I> mean those G&amp;G surveys on your lease or unit that use seismic reflection, seismic refraction, magnetic, gravity, gas sniffers, coring, or other systems to detect or imply the presence of oil, gas, or sulfur in commercial quantities.
</P>
<P><I>Governor</I> means the Governor of a State, or the person or entity designated by, or under, State law to exercise the powers granted to such Governor under the Act.
</P>
<P><I>H2S absent</I> means:
</P>
<P>(1) Drilling, logging, coring, testing, or producing operations have confirmed the absence of H2S in concentrations that could potentially result in atmospheric concentrations of 20 ppm or more of H2S; or
</P>
<P>(2) Drilling in the surrounding areas and correlation of geological and seismic data with equivalent stratigraphic units have confirmed an absence of H2S throughout the area to be drilled.
</P>
<P><I>H2S present</I> means drilling, logging, coring, testing, or producing operations have confirmed the presence of H2S in concentrations and volumes that could potentially result in atmospheric concentrations of 20 ppm or more of H2S.
</P>
<P><I>H2S unknown</I> means the designation of a zone or geologic formation where neither the presence nor absence of H2S has been confirmed.
</P>
<P><I>Human environment</I> means the physical, social, and economic components, conditions, and factors that interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
</P>
<P><I>Interpreted geological information</I> means geological knowledge, often in the form of schematic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of data and analyzed geological information.
</P>
<P><I>Interpreted geophysical information</I> means geophysical knowledge, often in the form of schematic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of geophysical data and analyzed geophysical information.
</P>
<P><I>Lease</I> means an agreement that is issued under section 8 or maintained under section 6 of the Act and that authorizes exploration for, and development and production of, minerals. The term also means the area covered by that authorization, whichever the context requires.
</P>
<P><I>Lease term pipelines</I> mean those pipelines owned and operated by a lessee or operator that are completely contained within the boundaries of a single lease, unit, or contiguous (not cornering) leases of that lessee or operator.
</P>
<P><I>Lessee</I> means a person who has entered into a lease with the United States to explore for, develop, and produce the leased minerals. The term lessee also includes the BOEM-approved assignee of the lease, and the owner or the BOEM-approved assignee of operating rights for the lease.
</P>
<P><I>Major Federal action</I> means any action or proposal by the Secretary that is subject to the provisions of section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. (2)(C) (<I>i.e.,</I> an action that will have a significant impact on the quality of the human environment requiring preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act).
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the marine ecosystem. These include the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the OCS.
</P>
<P><I>Material remains</I> means physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which such evidence is situated.
</P>
<P><I>Maximum efficient rate (MER)</I> means the maximum sustainable daily oil or gas withdrawal rate from a reservoir that will permit economic development and depletion of that reservoir without detriment to ultimate recovery.
</P>
<P><I>Maximum production rate (MPR)</I> means the approved maximum daily rate at which oil or gas may be produced from a specified oil-well or gas-well completion.
</P>
<P><I>Minerals</I> include oil, gas, sulfur, geopressured-geothermal and associated resources, and all other minerals that are authorized by an Act of Congress to be produced.
</P>
<P><I>Natural resources</I> include, without limiting the generality thereof, oil, gas, and all other minerals, and fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine animal and plant life but does not include water power or the use of water for the production of power.
</P>
<P><I>Nonattainment area</I> means, for any criteria air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator of the U.S. EPA to be reliable) to exceed any primary or secondary NAAQS established by the U.S. EPA.
</P>
<P><I>Nonsensitive reservoir</I> means a reservoir in which ultimate recovery is not decreased by high reservoir production rates.
</P>
<P><I>Oil reservoir</I> means a reservoir that contains hydrocarbons predominantly in a liquid (single-phase) state.
</P>
<P><I>Oil reservoir with an associated gas cap</I> means a reservoir that contains hydrocarbons in both a liquid and gaseous (two-phase) state.
</P>
<P><I>Oil-well completion</I> means a well completed in an oil reservoir or in the oil accumulation of an oil reservoir with an associated gas cap.
</P>
<P><I>Operating rights</I> mean any interest held in a lease with the right to explore for, develop, and produce leased substances.
</P>
<P><I>Operator</I> means the person the lessee(s) designates as having control or management of operations on the leased area or a portion thereof. An operator may be a lessee, the BOEM-approved or BSEE-approved designated agent of the lessee(s), or the holder of operating rights under a BOEM-approved operating rights assignment.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301) whose subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Person</I> includes a natural person, an association (including partnerships, joint ventures, and trusts), a State, a political subdivision of a State, or a private, public, or municipal corporation.
</P>
<P><I>Pipelines</I> are the piping, risers, and appurtenances installed for transporting oil, gas, sulfur, and produced waters.
</P>
<P><I>Processed geological or geophysical information</I> means data collected under a permit or a lease that have been processed or reprocessed. Processing involves changing the form of data to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements. Reprocessing is the additional processing other than ordinary processing used in the general course of evaluation. Reprocessing operations may include varying identified parameters for the detailed study of a specific problem area.
</P>
<P><I>Production</I> means those activities that take place after the successful completion of any means for the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and workover operations.
</P>
<P><I>Production areas</I> are those areas where flammable petroleum gas, volatile liquids or sulfur are produced, processed (e.g., compressed), stored, transferred (<I>e.g.,</I> pumped), or otherwise handled before entering the transportation process.
</P>
<P><I>Projected emissions</I> mean emissions, either controlled or uncontrolled, from a source or sources.
</P>
<P><I>Prospect</I> means a geologic feature having the potential for mineral deposits.
</P>
<P><I>Regional Director</I> means the BOEM officer with responsibility and authority for a Region within BOEM.
</P>
<P><I>Regional Supervisor</I> means the BOEM officer with responsibility and authority for operations or other designated program functions within a BOEM Region.
</P>
<P><I>Right-of-Use and Easement (RUE)</I> means a right to use a portion of the seabed, at an OCS site other than on a lease you own, to construct, secure to the seafloor, use, modify, or maintain platforms, seafloor production equipment, artificial islands, facilities, installations, and/or other devices to support the exploration, development, or production of oil, gas, or sulfur resources from an OCS lease or a lease on State submerged lands.
</P>
<P><I>Right-of-way (ROW) pipelines</I> are those pipelines that are contained within:
</P>
<P>(1) The boundaries of a single lease or unit, but are not owned and operated by a lessee or operator of that lease or unit;
</P>
<P>(2) The boundaries of contiguous (not cornering) leases that do not have a common lessee or operator;
</P>
<P>(3) The boundaries of contiguous (not cornering) leases that have a common lessee or operator but are not owned and operated by that common lessee or operator; or
</P>
<P>(4) An unleased block(s).
</P>
<P><I>Sensitive reservoir</I> means a reservoir in which the production rate will affect ultimate recovery.
</P>
<P><I>Significant archaeological resource</I> means those archaeological resources that meet the criteria of significance for eligibility to the National Register of Historic Places as defined in 36 CFR 60.4, or its successor.
</P>
<P><I>Suspension</I> means a granted or directed deferral of the requirement to produce (Suspension of Production (SOP)) or to conduct leaseholding operations (Suspension of Operations (SOO)).
</P>
<P><I>Transfer</I> means to convey an ownership interest in an oil, gas, or sulfur lease, ROW grant or RUE grant. For the purposes of this part, “transfer” is synonymous with “assign” and the two terms are used interchangeably.
</P>
<P><I>Venting</I> means the release of gas into the atmosphere without igniting it. This includes gas that is released underwater and bubbles to the atmosphere.
</P>
<P><I>Volatile organic compound (VOC)</I> means any organic compound that is emitted to the atmosphere as a vapor. Unreactive compounds are excluded from the preceding sentence of this definition.
</P>
<P><I>Waste of oil, gas, or sulfur</I> means:
</P>
<P>(1) The physical waste of oil, gas, or sulfur;
</P>
<P>(2) The inefficient, excessive, or improper use, or the unnecessary dissipation of reservoir energy;
</P>
<P>(3) The locating, spacing, drilling, equipping, operating, or producing of any oil, gas, or sulfur well(s) in a manner that causes or tends to cause a reduction in the quantity of oil, gas, or sulfur ultimately recoverable under prudent and proper operations or that causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; or
</P>
<P>(4) The inefficient storage of oil.
</P>
<P><I>Welding</I> means all activities connected with welding, including hot tapping and burning.
</P>
<P><I>Wellbay</I> is the area on a facility within the perimeter of the outermost wellheads.
</P>
<P><I>Well-completion operations</I> mean the work conducted to establish production from a well after the production-casing string has been set, cemented, and pressure-tested.
</P>
<P><I>Well-control fluid</I> means drilling mud, completion fluid, or workover fluid as appropriate to the particular operation being conducted.
</P>
<P><I>Western Gulf of America</I> means all OCS areas of the Gulf of America except those the BOEM Director decides are adjacent to the State of Florida. The Western Gulf of America is not the same as the Western Planning Area, an area established for OCS lease sales.


</P>
<P><I>Workover operations</I> mean the work conducted on wells after the initial well-completion operation for the purpose of maintaining or restoring the productivity of a well.
</P>
<P><I>You,</I> depending on the context of this part, means a bidder, a lessee (record title owner), a sublessee (operating rights owner), a Federal or State RUE grant holder, a pipeline ROW grant holder, an assignor or transferor, a designated operator or agent of the lessee or grant holder, or an applicant seeking to become one of the individuals listed in this definition.
</P>
<CITA TYPE="N">[89 FR 31586, Apr. 24, 2024, as amended at 89 FR 71182, Oct. 3, 2024; 90 FR 15532, Apr. 14, 2025]




</CITA>
</DIV8>

</DIV7>


<DIV7 N="211" NODE="30:2.0.3.5.2.1.211" TYPE="SUBJGRP">
<HEAD>Performance Standards</HEAD>


<DIV8 N="§ 550.115" NODE="30:2.0.3.5.2.1.211.6" TYPE="SECTION">
<HEAD>§ 550.115   How do I determine well producibility?</HEAD>
<P>You must follow the procedures in this section to determine well producibility if your well is not in the GOA. If your well is in the GOA you must follow the procedures in either this section or in § 550.116 of this subpart.
</P>
<P>(a) You must write to the Regional Supervisor asking for permission to determine producibility.
</P>
<P>(b) You must either:
</P>
<P>(1) Allow the Regional Supervisor to witness each test that you conduct under this section; or
</P>
<P>(2) Receive the Regional Supervisor prior approval so that you can submit either test data with your affidavit or third party test data.
</P>
<P>(c) If the well is an oil well, you must conduct a production test that lasts at least 2 hours after flow stabilizes.
</P>
<P>(d) If the well is a gas well, you must conduct a deliverability test that lasts at least 2 hours after flow stabilizes, or a four-point back pressure test.


</P>
</DIV8>


<DIV8 N="§ 550.116" NODE="30:2.0.3.5.2.1.211.7" TYPE="SECTION">
<HEAD>§ 550.116   How do I determine producibility if my well is in the Gulf of America?</HEAD>
<P>If your well is in the GOA, you must follow either the procedures in § 550.115 of this subpart or the procedures in this section to determine producibility.
</P>
<P>(a) You must write to the Regional Supervisor asking for permission to determine producibility.
</P>
<P>(b) You must provide or make available to the Regional Supervisor, as requested, the following log, core, analyses, and test criteria that BOEM will consider collectively:
</P>
<P>(1) A log showing sufficient porosity in the producible section.
</P>
<P>(2) Sidewall cores and core analyses that show that the section is capable of producing oil or gas.
</P>
<P>(3) Wireline formation test and/or mud-logging analyses that show that the section is capable of producing oil or gas.
</P>
<P>(4) A resistivity or induction electric log of the well showing a minimum of 15 feet (true vertical thickness except for horizontal wells) of producible sand in one section.
</P>
<P>(c) No section that you count as producible under paragraph (b)(4) of this section may include any interval that appears to be water saturated.
</P>
<P>(d) Each section you count as producible under paragraph (b)(4) of this section must exhibit:
</P>
<P>(1) A minimum true resistivity ratio of the producible section to the nearest clean or water-bearing sand of at least 5:1; and
</P>
<P>(2) One of the following:
</P>
<P>(i) Electrical spontaneous potential exceeding 20-negative millivolts beyond the shale baseline; or
</P>
<P>(ii) Gamma ray log deflection of at least 70 percent of the maximum gamma ray deflection in the nearest clean water-bearing sand—if mud conditions prevent a 20-negative millivolt reading beyond the shale baseline.


</P>
</DIV8>


<DIV8 N="§ 550.117" NODE="30:2.0.3.5.2.1.211.8" TYPE="SECTION">
<HEAD>§ 550.117   How does a determination of well producibility affect royalty status?</HEAD>
<P>A determination of well producibility invokes minimum royalty status on the lease as provided in 30 CFR 1202.53.


</P>
</DIV8>


<DIV8 N="§ 550.118" NODE="30:2.0.3.5.2.1.211.9" TYPE="SECTION">
<HEAD>§ 550.118   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 550.119" NODE="30:2.0.3.5.2.1.211.10" TYPE="SECTION">
<HEAD>§ 550.119   Will BOEM approve subsurface gas storage?</HEAD>
<P>The Regional Supervisor may authorize subsurface storage of gas on the OCS, on and off-lease, for later commercial benefit. The Regional Supervisor may authorize subsurface storage of gas on the OCS, off-lease, for later commercial benefit. To receive approval you must:
</P>
<P>(a) Show that the subsurface storage of gas will not result in undue interference with operations under existing leases; and
</P>
<P>(b) Sign a storage agreement that includes the required payment of a storage fee or rental.


</P>
</DIV8>


<DIV8 N="§ 550.120" NODE="30:2.0.3.5.2.1.211.11" TYPE="SECTION">
<HEAD>§ 550.120   What standards will BOEM use to regulate leases, rights-of-use and easement, and rights-of-way?</HEAD>
<P>BOEM will regulate all activities under a lease, a right-of-use and easement, or a right-of-way to:
</P>
<P>(a) Promote the orderly exploration, development, and production of mineral resources;
</P>
<P>(b) Prevent injury or loss of life;
</P>
<P>(c) Prevent damage to or waste of any natural resource, property, or the environment; and
</P>
<P>(d) Ensure cooperation and consultation with affected States, local governments, other interested parties, and relevant Federal agencies.
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 550.121" NODE="30:2.0.3.5.2.1.211.12" TYPE="SECTION">
<HEAD>§ 550.121   What must I do to protect health, safety, property, and the environment?</HEAD>
<P>The Director may require additional measures to ensure the use of Best Available and Safest Technology (BAST) as identified by BSEE:
</P>
<P>(a) To avoid the failure of equipment that would have a significant effect on safety, health, or the environment;
</P>
<P>(b) If it is economically feasible; and
</P>
<P>(c) If the incremental benefits justify the incremental costs.
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 550.122" NODE="30:2.0.3.5.2.1.211.13" TYPE="SECTION">
<HEAD>§ 550.122   What effect does subsurface storage have on the lease term?</HEAD>
<P>If you use a lease area for subsurface storage of gas, it does not affect the continuance or expiration of the lease.


</P>
</DIV8>


<DIV8 N="§ 550.123" NODE="30:2.0.3.5.2.1.211.14" TYPE="SECTION">
<HEAD>§ 550.123   Will BOEM allow gas storage on unleased lands?</HEAD>
<P>You may not store gas on unleased lands unless the Regional Supervisor approves a right-of-use and easement for that purpose, under §§ 550.160 through 550.166 of this subpart.


</P>
</DIV8>

</DIV7>


<DIV7 N="212" NODE="30:2.0.3.5.2.1.212" TYPE="SUBJGRP">
<HEAD>Fees</HEAD>


<DIV8 N="§ 550.125" NODE="30:2.0.3.5.2.1.212.15" TYPE="SECTION">
<HEAD>§ 550.125   Service fees.</HEAD>
<P>(a) The table in this paragraph (a) shows the fees that you must pay to BOEM for the services listed. The fees will be adjusted periodically according to the Implicit Price Deflator for Gross Domestic Product by publication of a document in the <E T="04">Federal Register.</E> If a significant adjustment is needed to arrive at the new actual cost for any reason other than inflation, then a proposed rule containing the new fees will be published in the <E T="04">Federal Register</E> for comment.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Service Fee Table
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Service—processing of the following:
</TH><TH class="gpotbl_colhed" scope="col">Fee amount
</TH><TH class="gpotbl_colhed" scope="col">30 CFR citation
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Change in Designation of Operator</TD><TD align="left" class="gpotbl_cell">$230</TD><TD align="left" class="gpotbl_cell">§ 550.143(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Right-of-Use and Easement for State lessee</TD><TD align="left" class="gpotbl_cell">$3,601</TD><TD align="left" class="gpotbl_cell">§ 550.165.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) [Reserved]
</TD><TD align="left" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Exploration Plan (EP)</TD><TD align="left" class="gpotbl_cell">$4,823 for each surface location; no fee for revisions</TD><TD align="left" class="gpotbl_cell">§ 550.211(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Development and Production Plan (DPP) or Development Operations Coordination Document (DOCD)</TD><TD align="left" class="gpotbl_cell">$5,565 for each well proposed; no fee for revisions</TD><TD align="left" class="gpotbl_cell">§ 550.241(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) [Reserved]
</TD><TD align="left" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Conservation Information Document</TD><TD align="left" class="gpotbl_cell">$35,914</TD><TD align="left" class="gpotbl_cell">§ 550.296(a).</TD></TR></TABLE></DIV></DIV>
<P>(b) Payment of the fees listed in paragraph (a) of this section must accompany the submission of the document for approval or be sent to an office identified by the Regional Director. Once a fee is paid, it is nonrefundable, even if an application or other request is withdrawn. If your application is returned to you as incomplete, you are not required to submit a new fee when you submit the amended application.
</P>
<P>(c) Verbal approvals are occasionally given in special circumstances. Any action that will be considered a verbal permit approval requires either a paper permit application to follow the verbal approval or an electronic application submittal within 72 hours. Payment must be made with the completed paper or electronic application.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 87 FR 52445, Aug. 26, 2022; 89 FR 70493, Aug. 30, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 550.126" NODE="30:2.0.3.5.2.1.212.16" TYPE="SECTION">
<HEAD>§ 550.126   Electronic payment instructions.</HEAD>
<P>You must file all payments electronically through <I>Pay.gov.</I> This includes, but is not limited to, all OCS applications or filing fee payments. The <I>Pay.gov</I> Web site may be accessed through <I>Pay.gov</I> at <I>https://www.pay.gov/paygov/.</I>
</P>
<P>(a) [Reserved]
</P>
<P>(b) You must use credit card or automated clearing house (ACH) payments through the <I>Pay.gov</I> Web site, and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your application.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="213" NODE="30:2.0.3.5.2.1.213" TYPE="SUBJGRP">
<HEAD>Inspection of Operations</HEAD>


<DIV8 N="§ 550.130" NODE="30:2.0.3.5.2.1.213.17" TYPE="SECTION">
<HEAD>§ 550.130   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="214" NODE="30:2.0.3.5.2.1.214" TYPE="SUBJGRP">
<HEAD>Disqualification</HEAD>


<DIV8 N="§ 550.135" NODE="30:2.0.3.5.2.1.214.18" TYPE="SECTION">
<HEAD>§ 550.135   What will BOEM do if my operating performance is unacceptable?</HEAD>
<P>If your operating performance is unacceptable, BOEM may disapprove or revoke your designation as operator on a single facility or multiple facilities. We will give you adequate notice and opportunity for a review by BOEM officials before imposing a disqualification.


</P>
</DIV8>


<DIV8 N="§ 550.136" NODE="30:2.0.3.5.2.1.214.19" TYPE="SECTION">
<HEAD>§ 550.136   How will BOEM determine if my performance is unacceptable?</HEAD>
<P>In determining if your operating performance is unacceptable, BOEM will consider, individually or collectively:
</P>
<P>(a)-(b) [Reserved]
</P>
<P>(c) Incidents of noncompliance;
</P>
<P>(d) Civil penalties;
</P>
<P>(e) Failure to adhere to OCS lease obligations; or
</P>
<P>(f) Any other relevant factors.


</P>
</DIV8>

</DIV7>


<DIV7 N="215" NODE="30:2.0.3.5.2.1.215" TYPE="SUBJGRP">
<HEAD>Special Types of Approvals</HEAD>


<DIV8 N="§ 550.140" NODE="30:2.0.3.5.2.1.215.20" TYPE="SECTION">
<HEAD>§ 550.140   When will I receive an oral approval?</HEAD>
<P>When you apply for BOEM approval of any activity, we normally give you a written decision. The following table shows circumstances under which we may give an oral approval.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">When you . . .
</TH><TH class="gpotbl_colhed" scope="col">We may . . .
</TH><TH class="gpotbl_colhed" scope="col">And . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Request approval orally,</TD><TD align="left" class="gpotbl_cell">Give you an oral approval,</TD><TD align="left" class="gpotbl_cell">You must then confirm the oral request by sending us a written request within 72 hours.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Request approval in writing,</TD><TD align="left" class="gpotbl_cell">Give you an oral approval if quick action is needed,</TD><TD align="left" class="gpotbl_cell">We will send you a written approval afterward. It will include any conditions that we place on the oral approval.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 550.141" NODE="30:2.0.3.5.2.1.215.21" TYPE="SECTION">
<HEAD>§ 550.141   May I ever use alternate procedures or equipment?</HEAD>
<P>You may use alternate procedures or equipment after receiving approval as described in this section.
</P>
<P>(a) Any alternate procedures or equipment that you propose to use must provide a level of safety and environmental protection that equals or surpasses current BOEM requirements.
</P>
<P>(b) You must receive the Regional Supervisor's written approval before you can use alternate procedures or equipment.
</P>
<P>(c) To receive approval, you must either submit information or give an oral presentation to the appropriate Regional Supervisor. Your presentation must describe the site-specific application(s), performance characteristics, and safety features of the proposed procedure or equipment.


</P>
</DIV8>


<DIV8 N="§ 550.142" NODE="30:2.0.3.5.2.1.215.22" TYPE="SECTION">
<HEAD>§ 550.142   How do I receive approval for departures?</HEAD>
<P>We may approve departures to the operating requirements. You may apply for a departure by writing to the Regional Supervisor.


</P>
</DIV8>


<DIV8 N="§ 550.143" NODE="30:2.0.3.5.2.1.215.23" TYPE="SECTION">
<HEAD>§ 550.143   How do I designate an operator?</HEAD>
<P>(a) You must provide the Regional Supervisor an executed Designation of Operator form (Form BOEM-1123) unless you are the only lessee and are the only person conducting lease operations. When there is more than one lessee, each lessee must submit the Designation of Operator form and the Regional Supervisor must approve the designation before the designated operator may begin operations on the leasehold.
</P>
<P>(b) This designation is authority for the designated operator to act on your behalf and to fulfill your obligations under the Act, the lease, and the regulations in this part.
</P>
<P>(c) You, or your designated operator, must immediately provide the Regional Supervisor a written notification of any change of address.
</P>
<P>(d) If you change the designated operator on your lease, you must pay the service fee listed in § 550.125 of this subpart with your request for a change in designation of operator. Should there be multiple lessees, all designation of operator forms must be collected by one lessee and submitted to BOEM in a single submittal, which is subject to only one filing fee.


</P>
</DIV8>


<DIV8 N="§ 550.144" NODE="30:2.0.3.5.2.1.215.24" TYPE="SECTION">
<HEAD>§ 550.144   How do I designate a new operator when a designation of operator terminates?</HEAD>
<P>(a) When a Designation of Operator terminates, the Regional Supervisor must approve a new designated operator before you may continue operations. Each lessee must submit a new executed Designation of Operator form.
</P>
<P>(b) If your Designation of Operator is terminated, or a controversy develops between you and your designated operator, you and your designated operator must protect the lessor's interests.


</P>
</DIV8>


<DIV8 N="§ 550.146" NODE="30:2.0.3.5.2.1.215.25" TYPE="SECTION">
<HEAD>§ 550.146   How do I designate an agent or a local agent?</HEAD>
<P>(a) You or your designated operator may designate for the Regional Supervisor's approval, or the Regional Director may require you to designate an agent empowered to fulfill your obligations under the Act, the lease, or the regulations in this part.
</P>
<P>(b) You or your designated operator may designate for the Regional Supervisor's approval a local agent empowered to receive notices and submit requests, applications, notices, or supplemental information.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18152, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 550.147" NODE="30:2.0.3.5.2.1.215.26" TYPE="SECTION">
<HEAD>§ 550.147   Who is responsible for fulfilling leasehold obligations?</HEAD>
<P>(a) When you are not the sole lessee, you and your co-lessee(s) are jointly and severally responsible for fulfilling your obligations under the provisions of 30 CFR parts 250 through 282 and 30 CFR parts 550 through 582 unless otherwise provided in these regulations.
</P>
<P>(b) If your designated operator fails to fulfill any of your obligations under 30 CFR parts 250 through 282 and 30 CFR parts 550 through 582, the Regional Supervisor may require you or any or all of your co-lessees to fulfill those obligations or other operational obligations under the Act, the lease, or the regulations.
</P>
<P>(c) Whenever the regulations in 30 CFR parts 250 through 282 and 30 CFR parts 550 through 582 require the lessee to meet a requirement or perform an action, the lessee, operator (if one has been designated), and the person actually performing the activity to which the requirement applies are jointly and severally responsible for complying with the regulation.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18152, Mar. 30, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="216" NODE="30:2.0.3.5.2.1.216" TYPE="SUBJGRP">
<HEAD>Right-of-Use and Easement</HEAD>


<DIV8 N="§ 550.160" NODE="30:2.0.3.5.2.1.216.27" TYPE="SECTION">
<HEAD>§ 550.160   When will BOEM grant me a right-of-use and easement (RUE), and what requirements must I meet?</HEAD>
<P>(a) A RUE is required to construct, secure to the seafloor, use, modify, or maintain platforms, seafloor production equipment, artificial islands, facilities, installations, and/or other devices at an OCS site other than an OCS lease you own, that are:
</P>
<P>(1) Permanently or temporarily attached to the seabed; and
</P>
<P>(2) Used for conducting exploration, development, and production activities or other operations on or off lease; or
</P>
<P>(3) Used for other purposes approved by BOEM.
</P>
<P>(b) You must exercise the RUE according to the terms of the grant and the regulations in this part.
</P>
<P>(c) You must meet the qualification requirements at §§ 556.400 through 556.402 of this subchapter and the applicable financial assurance requirements in this section and part 556, subpart I of this subchapter.
</P>
<P>(d) If you apply for a RUE on a leased area, you must notify the lessee and give her/him an opportunity to comment on your application; and
</P>
<P>(e) You must receive BOEM approval for all platforms, seafloor production equipment, artificial islands, facilities, installations, and/or other devices permanently or temporarily attached to the seabed.
</P>
<P>(f) You must pay a rental amount as required by paragraph (g) of this section if:
</P>
<P>(1) You obtain a RUE after January 12, 2004; or
</P>
<P>(2) You ask BOEM to modify your RUE to change the footprint of the associated platform, seafloor production equipment, artificial island, facility, installation, and/or device.
</P>
<P>(g) If you meet either of the conditions in paragraph (f) of this section, you must pay a rental amount to BOEM as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">Then . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Your right-of-use and easement site is located in water depths of less than 200 meters;</TD><TD align="left" class="gpotbl_cell">You must pay a rental of $5 per acre per year with a minimum of $450 per year. The area subject to annual rental includes the areal extent of anchor chains, pipeline risers, and other equipment associated with the platform, artificial island, installation or device.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Your right-of-use and easement site is located in water depths of 200 meters or greater;</TD><TD align="left" class="gpotbl_cell">You must pay a rental of $7.50 per acre per year with a minimum of $675 per year. The area subject to annual rental includes the areal extent of anchor chains, pipeline risers, and other equipment associated with the platform, artificial island, or installation or device.</TD></TR></TABLE></DIV></DIV>
<P>(h) You may make the rental payments required by paragraph (g)(1) and (g)(2) of this section on an annual basis, for a 5-year period, or for multiples of 5 years. You must make the first payment electronically through <I>Pay.gov</I> and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your right-of-use and easement application. You must make all subsequent payments before the respective time periods begin.
</P>
<P>(i) <I>Late payments.</I> An interest charge will be assessed on unpaid and underpaid amounts from the date the amounts are due, in accordance with the provisions found in 30 CFR 1218.54. If you fail to make a payment that is late after written notice from BOEM, BOEM may initiate cancellation of the right-of-use grant and easement.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 89 FR 31589, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 550.161" NODE="30:2.0.3.5.2.1.216.28" TYPE="SECTION">
<HEAD>§ 550.161   What else must I submit with my application?</HEAD>
<P>With your application, you must describe the proposed use giving:
</P>
<P>(a) Details of the proposed uses and activities including access needs and special rights of use that you may need;
</P>
<P>(b) A description of all facilities for which you are seeking authorization;
</P>
<P>(c) A map or plat describing primary and alternate project locations; and
</P>
<P>(d) A schedule for constructing any new facilities, drilling or completing any wells, anticipated production rates, and productive life of existing production facilities.


</P>
</DIV8>


<DIV8 N="§ 550.162" NODE="30:2.0.3.5.2.1.216.29" TYPE="SECTION">
<HEAD>§ 550.162   May I continue my right-of-use and easement after the termination of any lease on which it is situated?</HEAD>
<P>If your right-of-use and easement is on a lease, you may continue to exercise the right-of-use and easement after the lease on which it is situated terminates. You must only use the right-of-use and easement for the purpose that the grant specifies. All future lessees of that portion of the OCS on which your right-of-use and easement is situated must continue to recognize the right-of-use and easement for the purpose that the grant specifies.


</P>
</DIV8>


<DIV8 N="§ 550.163" NODE="30:2.0.3.5.2.1.216.30" TYPE="SECTION">
<HEAD>§ 550.163   If I have a State lease, will BOEM grant me a right-of-use and easement?</HEAD>
<P>(a) BOEM may grant a lessee of a State lease located adjacent to or accessible from the OCS a right-of-use and easement on the OCS.
</P>
<P>(b) BOEM will only grant a right-of-use and easement under this paragraph to enable a State lessee to conduct and maintain a device that is permanently or temporarily attached to the seabed (<I>i.e.,</I> a platform, artificial island, or installation). The lessee must use the device to explore for, develop, and produce oil and gas from the adjacent or accessible State lease and for other operations related to these activities.


</P>
</DIV8>


<DIV8 N="§ 550.164" NODE="30:2.0.3.5.2.1.216.31" TYPE="SECTION">
<HEAD>§ 550.164   If I have a State lease, what conditions apply for a right-of-use and easement?</HEAD>
<P>(a) A right-of-use and easement granted under the heading of “Right-of-use and easement” in this subpart is subject to BOEM regulations, 30 CFR parts 550 through 582, BSEE regulations, 30 CFR parts 250 through 282, and any terms and conditions that the BOEM Regional Director or BSEE Regional Director prescribes.
</P>
<P>(b) For the whole or fraction of the first calendar year, and annually after that, you must pay to BOEM, in advance, an annual rental payment.


</P>
</DIV8>


<DIV8 N="§ 550.165" NODE="30:2.0.3.5.2.1.216.32" TYPE="SECTION">
<HEAD>§ 550.165   If I have a State lease, what fees do I have to pay for a right-of-use and easement?</HEAD>
<P>When you apply for a right-of-use and easement, you must pay:
</P>
<P>(a) A nonrefundable filing fee as specified in § 550.125; and
</P>
<P>(b) The first year's rental as specified in § 550.160(g).


</P>
</DIV8>


<DIV8 N="§ 550.166" NODE="30:2.0.3.5.2.1.216.33" TYPE="SECTION">
<HEAD>§ 550.166   If BOEM grants me a RUE, what financial assurance must I provide?</HEAD>
<P>(a) Before BOEM grants you a RUE on the OCS, you must submit or maintain financial assurance of $500,000, which will guarantee compliance with the regulations and the terms and conditions of all RUEs you hold.
</P>
<P>(1) You are not required to submit and maintain the financial assurance of $500,000 pursuant to this paragraph (a) if you furnish and maintain area-wide lease financial assurance in excess of $500,000 pursuant to § 556.901(a) of this subchapter, provided that the area-wide lease financial assurance also guarantees compliance with all the terms and conditions of all RUEs you hold in the area.
</P>
<P>(2) The Regional Director may reduce the amount required in this paragraph (a) upon a determination that the reduced amount is sufficient to guarantee compliance with the regulations and the terms and conditions of all RUE grant(s) you hold.
</P>
<P>(3) The requirements for financial assurance in §§ 556.900(d) through (g) 556.902 of this subchapter apply to the financial assurance required under paragraph (a) of this section.
</P>
<P>(b) If BOEM grants you a RUE that serves either an OCS lease or a State lease, the Regional Director may require supplemental financial assurance above the amount required by paragraph (a) of this section, to ensure compliance with the obligations under your RUE grant, based on an evaluation of your ability to carry out present and future obligations on the RUE using the criteria set forth in § 556.901(d)(1) through (3) of this subchapter. This supplemental financial assurance must:
</P>
<P>(1) Meet the requirements of §§ 556.900(d) through (g) and 556.902 of this subchapter; and
</P>
<P>(2) Cover costs and liabilities for compliance with the obligations of your RUE grants and with applicable BOEM and Bureau of Safety and Environmental Enforcement (BSEE) orders.
</P>
<P>(c) If you fail to replace any deficient financial assurance upon demand or fail to provide supplemental financial assurance upon demand, the Regional Director may:
</P>
<P>(1) Assess penalties under subpart N of this part;
</P>
<P>(2) Request BSEE to suspend operations on your RUE; and/or
</P>
<P>(3) Initiate action for cancellation of your RUE grant.
</P>
<CITA TYPE="N">[89 FR 31589, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 550.167" NODE="30:2.0.3.5.2.1.216.34" TYPE="SECTION">
<HEAD>§ 550.167   How may I obtain or assign my interest in a RUE?</HEAD>
<P>(a) To obtain a RUE or request an assignment of an interest in a RUE, the applicant or assignee must file an application and provide the information contained in § 550.161 if a change in uses is planned and must obtain BOEM's approval.
</P>
<P>(b) An application for approval of an assignment of an interest in a RUE, in whole or in part, must be filed in triplicate with the Regional Director. Such application must be supported by a statement that the assignee agrees to comply with and to be bound by the terms and conditions of the RUE grant. The assignee must satisfy the bonding requirements in § 550.166. No RUE assignment will be recognized unless and until it is first approved, in writing, by the Regional Director. The assignee of an interest in a RUE must pay the same service fee as that listed in § 550.106(a)(1) for a lease record title assignment request.
</P>
<P>(c) BOEM may disapprove an assignment in the following circumstances:
</P>
<P>(1) When the assignee has unsatisfied obligations under the regulations in this chapter or in chapters II or XII of this title, or under any applicable BOEM or BSEE order;
</P>
<P>(2) When an assignment is not acceptable as to form or content (e.g., containing incorrect legal description, not executed by a person authorized to bind the corporation, assignee does not meet the requirements of §§ 556.401 through 556.405 of this subchapter);
</P>
<P>(3) When the assignment does not comply with or would conflict with this part, or any other applicable laws or regulations (e.g., Departmental debarment rules); or
</P>
<P>(4) When the assignee does not meet the applicable financial assurance requirements in § 550.166 and part 556, subpart I of this subchapter, or has not complied with a BOEM or BSEE order.
</P>
<CITA TYPE="N">[89 FR 31589, Apr. 24, 2024]










</CITA>
</DIV8>

</DIV7>


<DIV7 N="217" NODE="30:2.0.3.5.2.1.217" TYPE="SUBJGRP">
<HEAD>Primary Lease Requirements, Lease Term Extensions, and Lease Cancellations</HEAD>


<DIV8 N="§ 550.181" NODE="30:2.0.3.5.2.1.217.35" TYPE="SECTION">
<HEAD>§ 550.181   When may the Secretary cancel my lease and when am I compensated for cancellation?</HEAD>
<P>If the Secretary cancels your lease under this part or under 30 CFR part 556, you are entitled to compensation under § 550.184. Section 550.185 states conditions under which you will receive no compensation. The Secretary may cancel a lease after notice and opportunity for a hearing when:
</P>
<P>(a) Continued activity on the lease would probably cause harm or damage to life (including fish and other aquatic life), property, any mineral deposits (in areas leased or not leased), or the marine, coastal, or human environment;
</P>
<P>(b) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time;
</P>
<P>(c) The advantages of cancellation outweigh the advantages of continuing the lease in force; and
</P>
<P>(d) A suspension has been in effect for at least 5 years or you request termination of the suspension and lease cancellation.


</P>
</DIV8>


<DIV8 N="§ 550.182" NODE="30:2.0.3.5.2.1.217.36" TYPE="SECTION">
<HEAD>§ 550.182   When may the Secretary cancel a lease at the exploration stage?</HEAD>
<P>BOEM may not approve an exploration plan (EP) under 30 CFR part 550, subpart B, if the Regional Supervisor determines that the proposed activities may cause serious harm or damage to life (including fish and other aquatic life), property, any mineral deposits, the National security or defense, or to the marine, coastal, or human environment, and that the proposed activity cannot be modified to avoid the condition(s). The Secretary may cancel the lease if:
</P>
<P>(a) The primary lease term has not expired (or if the lease term has been extended) and exploration has been prohibited for 5 years following the disapproval; or
</P>
<P>(b) You request cancellation at an earlier time.


</P>
</DIV8>


<DIV8 N="§ 550.183" NODE="30:2.0.3.5.2.1.217.37" TYPE="SECTION">
<HEAD>§ 550.183   When may BOEM or the Secretary extend or cancel a lease at the development and production stage?</HEAD>
<P>(a) BOEM may extend your lease if you submit a DPP and the Regional Supervisor disapproves the plan according to the regulations in 30 CFR part 550, subpart B. Following the disapproval:
</P>
<P>(1) BOEM will allow you to hold the lease for 5 years, or less time at your request;
</P>
<P>(2) Any time within 5 years after the disapproval, you may reapply for approval of the same or a modified plan; and
</P>
<P>(3) The Regional Supervisor will approve, disapprove, or require modification of the plan under 30 CFR part 550, subpart B.
</P>
<P>(b) If the Regional Supervisor has not approved a DPP or required you to submit a DPP for approval or modification, the Secretary will cancel the lease:
</P>
<P>(1) When the 5-year period in paragraph (a)(1) of this section expires; or
</P>
<P>(2) If you request cancellation at an earlier time.


</P>
</DIV8>


<DIV8 N="§ 550.184" NODE="30:2.0.3.5.2.1.217.38" TYPE="SECTION">
<HEAD>§ 550.184   What is the amount of compensation for lease cancellation?</HEAD>
<P>When the Secretary cancels a lease under §§ 550.181, 550.182 or 550.183 of this subpart, you are entitled to receive compensation under 43 U.S.C. 1334(a)(2)(C). You must show the Director that the amount of compensation claimed is the lesser of paragraph (a) or (b) of this section:
</P>
<P>(a) The fair value of the cancelled rights as of the date of cancellation, taking into account both:
</P>
<P>(1) Anticipated revenues from the lease; and
</P>
<P>(2) Costs reasonably anticipated on the lease, including:
</P>
<P>(i) Costs of compliance with all applicable regulations and operating orders; and
</P>
<P>(ii) Liability for cleanup costs or damages, or both, in the case of an oil spill.
</P>
<P>(b) The excess, if any, over your revenues from the lease (plus interest thereon from the date of receipt to date of reimbursement) of:
</P>
<P>(1) All consideration paid for the lease (plus interest from the date of payment to the date of reimbursement); and
</P>
<P>(2) All your direct expenditures (plus interest from the date of payment to the date of reimbursement):
</P>
<P>(i) After the issue date of the lease; and
</P>
<P>(ii) For exploration or development, or both.
</P>
<P>(c) Compensation for leases issued before September 18, 1978, will be equal to the amount specified in paragraph (a) of this section.


</P>
</DIV8>


<DIV8 N="§ 550.185" NODE="30:2.0.3.5.2.1.217.39" TYPE="SECTION">
<HEAD>§ 550.185   When is there no compensation for a lease cancellation?</HEAD>
<P>You will not receive compensation from BOEM for lease cancellation if:
</P>
<P>(a) BOEM disapproves a DPP because you do not receive concurrence by the State under section 307(c)(3)(B)(i) or (ii) of the CZMA, and the Secretary of Commerce does not make the finding authorized by section 307(c)(3)(B)(iii) of the CZMA;
</P>
<P>(b) You do not submit a DPP under 30 CFR part 550, subpart B or do not comply with the approved DPP;
</P>
<P>(c) As the lessee of a nonproducing lease, you fail to comply with the Act, the lease, or the regulations issued under the Act, and the default continues for 30 days after BOEM mails you a notice by overnight mail;
</P>
<P>(d) The Regional Supervisor disapproves a DPP because you fail to comply with the requirements of applicable Federal law; or
</P>
<P>(e) The Secretary forfeits and cancels a producing lease under section 5(d) of the Act (43 U.S.C. 1334(d)).


</P>
</DIV8>

</DIV7>


<DIV7 N="218" NODE="30:2.0.3.5.2.1.218" TYPE="SUBJGRP">
<HEAD>Information and Reporting Requirements</HEAD>


<DIV8 N="§ 550.186" NODE="30:2.0.3.5.2.1.218.40" TYPE="SECTION">
<HEAD>§ 550.186   What reporting information and report forms must I submit?</HEAD>
<P>(a) You must submit information and reports as BOEM requires.
</P>
<P>(1) You may obtain copies of forms from, and submit completed forms to, the Regional Supervisor.
</P>
<P>(2) Instead of paper copies of forms available from the Regional Supervisor, you may use your own computer-generated forms that are equal in size to BOEM's forms. You must arrange the data on your form identical to the BOEM form. If you generate your own form and it omits terms and conditions contained on the official BOEM form, we will consider it to contain the omitted terms and conditions.
</P>
<P>(3) You may submit digital data when the Region is equipped to accept it.
</P>
<P>(b) When BOEM specifies, you must include, for public information, an additional copy of such reports.
</P>
<P>(1) You must mark it <I>Public Information.</I>
</P>
<P>(2) You must include all required information, except information exempt from public disclosure under § 550.197 or otherwise exempt from public disclosure under law or regulation.


</P>
</DIV8>


<DIV8 N="§§ 550.187-550.193" NODE="30:2.0.3.5.2.1.218.41" TYPE="SECTION">
<HEAD>§§ 550.187-550.193   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 550.194" NODE="30:2.0.3.5.2.1.218.42" TYPE="SECTION">
<HEAD>§ 550.194   How must I protect archaeological resources?</HEAD>
<P>(a) If the Regional Director has reason to believe that an archaeological resource may exist in the lease area, the Regional Director will require in writing that your EP, DOCD, or DPP be accompanied by an archaeological report. If the archaeological report suggests that an archaeological resource may be present, you must either:
</P>
<P>(1) Locate the site of any operation so as not to adversely affect the area where the archaeological resource may be; or
</P>
<P>(2) Establish to the satisfaction of the Regional Director that an archaeological resource does not exist or will not be adversely affected by operations. This requires further archaeological investigation, conducted by an archaeologist and a geophysicist, using survey equipment and techniques the Regional Director considers appropriate. You must submit the investigation report to the Regional Director for review.
</P>
<P>(b) If the Regional Director determines that an archaeological resource is likely to be present in the lease area and may be adversely affected by operations, the Regional Director will notify you immediately. You must not take any action that may adversely affect the archaeological resource until the Regional Director has told you how to protect the resource.
</P>
<P>(c) If you discover any archaeological resource while conducting operations in the lease or right-of-way area, you must immediately halt operations within the area of the discovery and report the discovery to the BOEM Regional Director. If investigations determine that the resource is significant, the Regional Director will tell you how to protect it.


</P>
<CITA TYPE="N">[90 FR 15532, Apr. 14, 2025]








</CITA>
</DIV8>


<DIV8 N="§ 550.195" NODE="30:2.0.3.5.2.1.218.43" TYPE="SECTION">
<HEAD>§ 550.195   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 550.196" NODE="30:2.0.3.5.2.1.218.44" TYPE="SECTION">
<HEAD>§ 550.196   Reimbursements for reproduction and processing costs.</HEAD>
<P>(a) BOEM will reimburse you for costs of reproducing data and information that the Regional Director requests if:
</P>
<P>(1) You deliver geophysical and geological (G&amp;G) data and information to BOEM for the Regional Director to inspect or select and retain;
</P>
<P>(2) BOEM receives your request for reimbursement and the Regional Director determines that the requested reimbursement is proper; and
</P>
<P>(3) The cost is at your lowest rate or at the lowest commercial rate established in the area, whichever is less.
</P>
<P>(b) BOEM will reimburse you for the costs of processing geophysical information (that does not include cost of data acquisition):
</P>
<P>(1) If, at the request of the Regional Director, you processed the geophysical data or information in a form or manner other than that used in the normal conduct of business; or
</P>
<P>(2) If you collected the information under a permit that BOEM issued to you before October 1, 1985, and the Regional Director requests and retains the information.
</P>
<P>(c) When you request reimbursement, you must identify reproduction and processing costs separately from acquisition costs.
</P>
<P>(d) BOEM will not reimburse you for data acquisition costs or for the costs of analyzing or processing geological information or interpreting geological or geophysical information.


</P>
</DIV8>


<DIV8 N="§ 550.197" NODE="30:2.0.3.5.2.1.218.45" TYPE="SECTION">
<HEAD>§ 550.197   Data and information to be made available to the public or for limited inspection.</HEAD>
<P>BOEM will protect data and information that you submit under this chapter, as described in this section. Paragraphs (a) and (b) of this section describe what data and information will be made available to the public without the consent of the lessee, under what circumstances, and in what time period. Paragraph (c) of this section describes what data and information will be made available for limited inspection without the consent of the lessee, and under what circumstances.
</P>
<P>(a) All data and information you submit on BOEM forms will be made available to the public upon submission, except as specified in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">On form . . .
</TH><TH class="gpotbl_colhed" scope="col">Data and information not immediately available are . . .
</TH><TH class="gpotbl_colhed" scope="col">Excepted data will be made available . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) BOEM-0127, Sensitive Reservoir Information Report,</TD><TD align="left" class="gpotbl_cell">Items 124 through 168,</TD><TD align="left" class="gpotbl_cell">2 years after the effective date of the Sensitive Reservoir Information Report.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) [Reserved]</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) BOEM-0137 OCS Plan Information,</TD><TD align="left" class="gpotbl_cell">Items providing the bottomhole location, true vertical depth, and measured depth of wells,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) BOEM-0140, Bottomhole Pressure Survey Report,</TD><TD align="left" class="gpotbl_cell">All items,</TD><TD align="left" class="gpotbl_cell">2 years after the date of the survey.</TD></TR></TABLE></DIV></DIV>
<P>(b) BOEM will release lease and permit data and information that you submit and BOEM retains, but that are not normally submitted on BOEM forms, according to the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">BOEM will release . . .
</TH><TH class="gpotbl_colhed" scope="col">At this time . . .
</TH><TH class="gpotbl_colhed" scope="col">Special provisions . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) The Director determines that data and information are needed for specific scientific or research purposes for the Government,</TD><TD align="left" class="gpotbl_cell">Geophysical data, Geological data Interpreted G&amp;G information, Processed G&amp;G information, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">At any time,</TD><TD align="left" class="gpotbl_cell">BOEM will release data and information only if release would further the National interest without unduly damaging the competitive position of the lessee.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Data or information is collected with high-resolution systems (e.g., bathymetry, side-scan sonar, subbottom profiler, and magnetometer) to comply with safety or environmental protection requirements,</TD><TD align="left" class="gpotbl_cell">Geophysical data, Geological data, Interpreted G&amp;G information, Processed geological information, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">60 days after BOEM receives the data or information, if the Regional Supervisor deems it necessary,</TD><TD align="left" class="gpotbl_cell">BOEM will release the data and information earlier than 60 days if the Regional Supervisor determines it is needed by affected States to make decisions under subpart B. The Regional Supervisor will reconsider earlier release if you satisfy him/her that it would unduly damage your competitive position.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Your lease is no longer in effect,</TD><TD align="left" class="gpotbl_cell">Geophysical data, Geological data, Processed G&amp;G information Interpreted G&amp;G information, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">When your lease terminates,</TD><TD align="left" class="gpotbl_cell">This release time applies only if the provisions in this table governing high-resolution systems and the provisions in § 552.7 do not apply. The release time applies to the geophysical data and information only if acquired postlease for a lessee's exclusive use.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Your lease is still in effect,</TD><TD align="left" class="gpotbl_cell">Geophysical data, Processed geophysical information, Interpreted G&amp;G information,</TD><TD align="left" class="gpotbl_cell">10 years after you submit the data and information,</TD><TD align="left" class="gpotbl_cell">This release time applies only if the provisions in this table governing high-resolution systems and the provisions in § 552.7 do not apply. This release time applies to the geophysical data and information only if acquired postlease for a lessee's exclusive use.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Your lease is still in effect and within the primary term specified in the lease,</TD><TD align="left" class="gpotbl_cell">Geological data, analyzed geological information,</TD><TD align="left" class="gpotbl_cell">Two years after the required submittal date or 60 days after a lease sale if any portion of an offered lease is within 50 miles of a well, whichever is later,</TD><TD align="left" class="gpotbl_cell">These release times apply only if the provisions in this table governing high-resolution systems and the provisions in § 552.7 do not apply. If the primary term specified in the lease is extended, this provision applies to the extension.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Your lease is in effect and beyond the primary term specified in the lease,</TD><TD align="left" class="gpotbl_cell">Geological data, Analyzed geological information,</TD><TD align="left" class="gpotbl_cell">2 years after the required submittal date,</TD><TD align="left" class="gpotbl_cell">None.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Data or information is submitted on well operations,</TD><TD align="left" class="gpotbl_cell">Descriptions of downhole locations, operations, and equipment,</TD><TD align="left" class="gpotbl_cell">When the well goes on production or when geological data is released according to §§ 550.197(b)(5) and (b)(6), whichever occurs earlier,</TD><TD align="left" class="gpotbl_cell">Directional survey data may be released earlier to the owner of an adjacent lease according to 30 CFR 250 subpart D.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Data and information are obtained from beneath unleased land as a result of a well deviation that has not been approved by the Regional Supervisor,</TD><TD align="left" class="gpotbl_cell">Any data or information obtained,</TD><TD align="left" class="gpotbl_cell">At any time,</TD><TD align="left" class="gpotbl_cell">None.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Except for high-resolution data and information released under paragraph (b)(2) of this section data and information acquired by a permit under 30 CFR part 551 are submitted by a lessee under part 550, 30 CFR part 203, or 30 CFR part 250,</TD><TD align="left" class="gpotbl_cell">G&amp;G data, analyzed geological information, processed and interpreted G&amp;G information,</TD><TD align="left" class="gpotbl_cell">Geological data and information: 10 years after BOEM issues the permit; Geophysical data: 50 years after BOEM issues the permit; Geophysical information: 25 years after BOEM issues the permit,</TD><TD align="left" class="gpotbl_cell">None.</TD></TR></TABLE></DIV></DIV>
<P>(c) BOEM may allow limited data and information inspection, but only by a person with a direct interest in related BOEM decisions and issues in a specific geographic area, and who agrees in writing to maintain the confidentiality of geological and geophysical (G&amp;G) data and information submitted under this part that BOEM uses to:
</P>
<P>(1) Promote operational safety;
</P>
<P>(2) Protect the environment; or
</P>
<P>(3) Make field determinations.
</P>
<P>(d) No proprietary information received by BOEM under 43 U.S.C. 1352 will be transmitted to any affected State unless the lessee, or the permittee and all persons to whom such permittee has sold such information under promise of confidentiality, agree to such transmittal.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 81 FR 18152, Mar. 30, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="219" NODE="30:2.0.3.5.2.1.219" TYPE="SUBJGRP">
<HEAD>References</HEAD>


<DIV8 N="§ 550.198" NODE="30:2.0.3.5.2.1.219.46" TYPE="SECTION">
<HEAD>§ 550.198   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 550.199" NODE="30:2.0.3.5.2.1.219.47" TYPE="SECTION">
<HEAD>§ 550.199   Paperwork Reduction Act statements—information collection.</HEAD>
<P>(a) OMB has approved the information collection requirements in part 550 under 44 U.S.C. 3501 <I>et seq.</I> The table in paragraph (e) of this section lists the subpart in the rule requiring the information and its title, provides the OMB control number, and summarizes the reasons for collecting the information and how BOEM uses the information. The associated BOEM forms required by this part are listed at the end of this table with the relevant information.
</P>
<P>(b) Respondents are OCS oil, gas, and sulfur lessees and operators. The requirement to respond to the information collections in this part is mandated under the Act (43 U.S.C. 1331 <I>et seq.</I>) and the Act's Amendments of 1978 (43 U.S.C. 1801 <I>et seq.</I>). Some responses are also required to obtain or retain a benefit or may be voluntary. Proprietary information will be protected under § 550.197; parts 551 and 552 of this subchapter; and the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations at 43 CFR part 2.
</P>
<P>(c) The Paperwork Reduction Act of 1995 requires us to inform the public that an agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Send comments regarding any aspect of the collections of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.
</P>
<P>(e) BOEM is collecting this information for the reasons given in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">30 CFR subpart, title and/or BOEM Form (OMB Control No.)
</TH><TH class="gpotbl_colhed" scope="col">Reasons for collecting information and how used
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Subpart A, General (1010-0114), including Forms BOEM-1123, Designation of Operator and BOEM-1832, Notification of Incidents of Noncompliance</TD><TD align="left" class="gpotbl_cell">To inform BOEM of actions taken to comply with general requirements on the OCS. To ensure that operations on the OCS meet statutory and regulatory requirements, are safe and protect the environment, and result in diligent exploration, development, and production on OCS leases. To support the unproved and proved reserve estimation, resource assessment, and fair market value determinations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Subpart B, Exploration and Development and Production Plans (1010-0151), including Forms BOEM-0137, OCS Plan Information Form; BOEM-0138, EP Air Quality Screening Checklist; BOEM-0139, DOCD Air Quality Screening Checklist; BOEM-0141, ROV Survey Report Form; and BOEM-0142, Environmental Impact Analysis Worksheet</TD><TD align="left" class="gpotbl_cell">To inform BOEM, States, and the public of planned exploration, development, and production operations on the OCS. To ensure that operations on the OCS are planned to comply with statutory and regulatory requirements, will be safe and protect the human, marine, and coastal environment, and will result in diligent exploration, development, and production of leases.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Subpart C, Pollution Prevention and Control (1010-0057)</TD><TD align="left" class="gpotbl_cell">To inform BOEM of measures to be taken to prevent air pollution. To ensure that appropriate measures are taken to prevent air pollution.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Subpart J, Pipelines and Pipeline Rights-of-Way (1010-0050), including Form BOEM-2030, Outer Continental Shelf (OCS) Pipeline Right-of-Way Grant Bond</TD><TD align="left" class="gpotbl_cell">To provide BOEM with information regarding the design, installation, and operation of pipelines on the OCS. To ensure that pipeline operations are safe and protect the human, marine, and coastal environment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Subpart K, Oil and Gas Production Rates (1010-0041), including Forms BOEM-0127, Sensitive Reservoir Information Report and BOEM-0140, Bottomhole Pressure Survey Report</TD><TD align="left" class="gpotbl_cell">To inform BOEM of production rates for hydrocarbons produced on the OCS. To ensure economic maximization of ultimate hydrocarbon recovery.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Subpart N, Remedies and Penalties</TD><TD align="left" class="gpotbl_cell">The requirements in subpart N are exempt from the Paperwork Reduction Act of 1995 according to 5 CFR 1320.4.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015; 89 FR 31590, Apr. 24, 2024]



</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.2.2" TYPE="SUBPART">
<HEAD>Subpart B—Plans and Information</HEAD>


<DIV7 N="220" NODE="30:2.0.3.5.2.2.220" TYPE="SUBJGRP">
<HEAD>General Information</HEAD>


<DIV8 N="§ 550.200" NODE="30:2.0.3.5.2.2.220.1" TYPE="SECTION">
<HEAD>§ 550.200   Definitions.</HEAD>
<P>Acronyms and terms used in this subpart have the following meanings:
</P>
<P>(a) <I>Acronyms</I> used frequently in this subpart are listed alphabetically below:
</P>
<P><I>BOEM</I> means Bureau of Ocean Energy Management.
</P>
<P><I>BSEE</I> means Bureau of Safety and Environmental Enforcement.
</P>
<P><I>CID</I> means Conservation Information Document.
</P>
<P><I>CZMA</I> means Coastal Zone Management Act.
</P>
<P><I>DOCD</I> means Development Operations Coordination Document.
</P>
<P><I>DPP</I> means Development and Production Plan.
</P>
<P><I>DWOP</I> means Deepwater Operations Plan.
</P>
<P><I>EIA</I> means Environmental Impact Analysis.
</P>
<P><I>EP</I> means Exploration Plan.
</P>
<P><I>IOP</I> means Integrated Operations Plan.
</P>
<P><I>NPDES</I> means National Pollutant Discharge Elimination System.
</P>
<P><I>NTL</I> means Notice to Lessees and Operators.
</P>
<P><I>OCS</I> means Outer Continental Shelf.
</P>
<P>(b) Terms used in this subpart are listed alphabetically below:
</P>
<P><I>Amendment</I> means a change you make to an EP, DPP, or DOCD that is pending before BOEM for a decision (see §§ 550.232(d) and 550.267(d)).
</P>
<P><I>Modification</I> means a change required by the Regional Supervisor to an EP, DPP, or DOCD (see § 550.233(b)(2) and § 550.270(b)(2)) that is pending before BOEM for a decision because the OCS plan is inconsistent with applicable requirements.
</P>
<P><I>New or unusual technology</I> means equipment or procedures that:
</P>
<P>(1) Have not been used previously or extensively in a BOEM OCS Region;
</P>
<P>(2) Have not been used previously under the anticipated operating conditions; or
</P>
<P>(3) Have operating characteristics that are outside the performance parameters established by this part.
</P>
<P><I>Non-conventional production or completion technology</I> includes, but is not limited to, floating production systems, tension leg platforms, spars, floating production, storage, and offloading systems, guyed towers, compliant towers, subsea manifolds, and other subsea production components that rely on a remote site or host facility for utility and well control services.
</P>
<P><I>Offshore vehicle</I> means a vehicle that is capable of being driven on ice.
</P>
<P><I>Resubmitted OCS plan</I> means an EP, DPP, or DOCD that contains changes you make to an OCS plan that BOEM has disapproved (see §§ 550.234(b), 550.272(a), and 550.273(b)).
</P>
<P><I>Revised OCS plan</I> means an EP, DPP, or DOCD that proposes changes to an approved OCS plan, such as those in the location of a well or platform, type of drilling unit, or location of the onshore support base (see § 550.283(a)).
</P>
<P><I>Supplemental OCS plan</I> means an EP, DPP, or DOCD that proposes the addition to an approved OCS plan of an activity that requires approval of an application or permit (see § 550.283(b)).
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 81 FR 46565, July 15, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 550.201" NODE="30:2.0.3.5.2.2.220.2" TYPE="SECTION">
<HEAD>§ 550.201   What plans and information must I submit before I conduct any activities on my lease or unit?</HEAD>
<P>(a) <I>Plans and documents.</I> Before you conduct the activities on your lease or unit listed in the following table, you must submit, and BOEM must approve, the listed plans and documents. Your plans and documents may cover one or more leases or units.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">You must submit a(n) . . .
</TH><TH class="gpotbl_colhed" scope="col">Before you . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Exploration Plan (EP),</TD><TD align="left" class="gpotbl_cell">Conduct any exploration activities on a lease or unit.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Development and Production Plan (DPP),</TD><TD align="left" class="gpotbl_cell">Conduct any development and production activities on a lease or unit in any OCS area other than the Western Gulf of America.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Development Operations Coordination Document (DOCD),</TD><TD align="left" class="gpotbl_cell">Conduct any development and production activities on a lease or unit in the Western GOA.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) BSEE approved Deepwater Operations Plan (DWOP),</TD><TD align="left" class="gpotbl_cell">Conduct post-drilling installation activities in any water depth associated with a development project that will involve the use of a non-conventional production or completion technology.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Conservation Information Document (CID),</TD><TD align="left" class="gpotbl_cell">Commence production from development projects in water depths greater than 1,312 feet (400 meters).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) EP, DPP, or DOCD,</TD><TD align="left" class="gpotbl_cell">Conduct geological or geophysical (G&amp;G) exploration or a development G&amp;G activity (see definitions under § 550.105) on your lease or unit when:
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(i) It will result in a physical penetration of the seabed greater than 500 feet (152 meters);
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(ii) It will involve the use of explosives;
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iii) The Regional Director determines that it might have a significant adverse effect on the human, marine, or coastal environment; or
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">(iv) The Regional Supervisor, after reviewing a notice under § 550.209, determines that an EP, DPP, or DOCD is necessary.</TD></TR></TABLE></DIV></DIV>
<P>(b) <I>Submitting additional information.</I> On a case-by-case basis, the Regional Supervisor may require you to submit additional information if the Regional Supervisor determines that it is necessary to evaluate your proposed plan or document.
</P>
<P>(c) <I>Limiting information.</I> The Regional Director may limit the amount of information or analyses that you otherwise must provide in your proposed plan or document under this subpart when:
</P>
<P>(1) Sufficient applicable information or analysis is readily available to BOEM;
</P>
<P>(2) Other coastal or marine resources are not present or affected;
</P>
<P>(3) Other factors such as technological advances affect information needs; or
</P>
<P>(4) Information is not necessary or required for a State to determine consistency with their CZMA Plan.
</P>
<P>(d) <I>Referencing.</I> In preparing your proposed plan or document, you may reference information and data discussed in other plans or documents you previously submitted or that are otherwise readily available to BOEM.


</P>
</DIV8>


<DIV8 N="§ 550.202" NODE="30:2.0.3.5.2.2.220.3" TYPE="SECTION">
<HEAD>§ 550.202   What criteria must the Exploration Plan (EP), Development and Production Plan (DPP), or Development Operations Coordination Document (DOCD) meet?</HEAD>
<P>Your EP, DPP, or DOCD must demonstrate that you have planned and are prepared to conduct the proposed activities in a manner that:
</P>
<P>(a) Conforms to the Outer Continental Shelf Lands Act as amended (Act), applicable implementing regulations, lease provisions and stipulations, and other Federal laws;
</P>
<P>(b) Is safe;
</P>
<P>(c) Conforms to sound conservation practices and protects the rights of the lessor;
</P>
<P>(d) Does not unreasonably interfere with other uses of the OCS, including those involved with National security or defense; and
</P>
<P>(e) Does not cause undue or serious harm or damage to the human, marine, or coastal environment.


</P>
</DIV8>


<DIV8 N="§ 550.203" NODE="30:2.0.3.5.2.2.220.4" TYPE="SECTION">
<HEAD>§ 550.203   Where can wells be located under an EP, DPP, or DOCD?</HEAD>
<P>The Regional Supervisor reviews and approves proposed well location and spacing under an EP, DPP, or DOCD. In deciding whether to approve a proposed well location and spacing, the Regional Supervisor will consider factors including, but not limited to, the following:
</P>
<P>(a) Protecting correlative rights;
</P>
<P>(b) Protecting Federal royalty interests;
</P>
<P>(c) Recovering optimum resources;
</P>
<P>(d) Number of wells that can be economically drilled for proper reservoir management;
</P>
<P>(e) Location of drilling units and platforms;
</P>
<P>(f) Extent and thickness of the reservoir;
</P>
<P>(g) Geologic and other reservoir characteristics;
</P>
<P>(h) Minimizing environmental risk;
</P>
<P>(i) Preventing unreasonable interference with other uses of the OCS; and
</P>
<P>(j) Drilling of unnecessary wells.


</P>
</DIV8>


<DIV8 N="§ 550.204" NODE="30:2.0.3.5.2.2.220.5" TYPE="SECTION">
<HEAD>§ 550.204   When must I submit my IOP for proposed Arctic exploratory drilling operations and what must the IOP include?</HEAD>
<P>If you propose exploratory drilling activities on the Arctic OCS, you must submit an Integrated Operations Plan (IOP) to the Regional Supervisor at least 90 days prior to filing your EP. Your IOP must describe how your exploratory drilling program will be designed and conducted in an integrated manner that accounts for Arctic OCS conditions and include the following information:
</P>
<P>(a) A description of how all vessels and equipment will be designed, built, and/or modified to account for Arctic OCS conditions;
</P>
<P>(b) A schedule of your exploratory drilling program, including contractor work on critical components of your program;
</P>
<P>(c) A description of your mobilization and demobilization operations, including tow plans that account for Arctic OCS conditions, as well as your general maintenance schedule for vessels and equipment;
</P>
<P>(d) A description of your exploratory drilling program objectives and timelines for each objective, including general plans for abandonment of the well(s), such as:
</P>
<P>(1) Contingency plans for temporary abandonment in the event of ice encroachment at the drill site;
</P>
<P>(2) Plans for permanent abandonment; and
</P>
<P>(3) Plans for temporary seasonal abandonment.
</P>
<P>(e) A description of your weather and ice forecasting capabilities for all phases of the exploration program, including a description of how you would respond to and manage ice hazards and weather events;
</P>
<P>(f) A description of work to be performed by contractors supporting your exploration drilling program (including mobilization and demobilization), including:
</P>
<P>(1) How such work will be designed or modified to account for Arctic OCS conditions; and
</P>
<P>(2) Your concepts for contractor management, oversight, and risk management.
</P>
<P>(g) A description of how you will ensure operational safety while working in Arctic OCS conditions, including but not limited to:
</P>
<P>(1) The safety principles that you intend to apply to yourself and your contractors;
</P>
<P>(2) The accountability structure within your organization for implementing such principles;
</P>
<P>(3) How you will communicate such principles to your employees and contractors; and
</P>
<P>(4) How you will determine successful implementation of such principles.
</P>
<P>(h) Information regarding your preparations and plans for staging of oil spill response assets;
</P>
<P>(i) A description of your efforts to minimize impacts of your exploratory drilling operations on local community infrastructure, including but not limited to housing, energy supplies, and services; and
</P>
<P>(j) A description of whether and to what extent your project will rely on local community workforce and spill cleanup response capacity.
</P>
<CITA TYPE="N">[81 FR 46565, July 15, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 550.205" NODE="30:2.0.3.5.2.2.220.6" TYPE="SECTION">
<HEAD>§ 550.205   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 550.206" NODE="30:2.0.3.5.2.2.220.7" TYPE="SECTION">
<HEAD>§ 550.206   How do I submit the IOP, EP, DPP, or DOCD?</HEAD>
<P>(a) <I>Number of copies.</I> When you submit an IOP, EP, DPP, or DOCD to BOEM, you must provide:
</P>
<P>(1) Four copies that contain all required information (proprietary copies);
</P>
<P>(2) Eight copies for public distribution (public information copies) that omit information that you assert is exempt from disclosure under the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the implementing regulations (43 CFR part 2); and
</P>
<P>(3) Any additional copies that may be necessary to facilitate review of the IOP, EP, DPP, or DOCD by certain affected States and other reviewing entities.
</P>
<P>(b) <I>Electronic submission.</I> You may submit part or all of your IOP, EP, DPP, or DOCD and its accompanying information electronically. If you prefer to submit your IOP, EP, DPP, or DOCD electronically, ask the Regional Supervisor for further guidance.
</P>
<P>(c) <I>Withdrawal after submission.</I> You may withdraw your proposed IOP, EP, DPP, or DOCD at any time for any reason. Notify the appropriate BOEM OCS Region if you do.
</P>
<CITA TYPE="N">[81 FR 46565, July 15, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="221" NODE="30:2.0.3.5.2.2.221" TYPE="SUBJGRP">
<HEAD>Ancillary Activities</HEAD>


<DIV8 N="§ 550.207" NODE="30:2.0.3.5.2.2.221.8" TYPE="SECTION">
<HEAD>§ 550.207   What ancillary activities may I conduct?</HEAD>
<P>Before or after you submit an EP, DPP, or DOCD to BOEM, you may elect, the regulations in this part may require, or the Regional Supervisor may direct you to conduct ancillary activities. Ancillary activities include:
</P>
<P>(a) Geological and geophysical (G&amp;G) explorations and development G&amp;G activities;
</P>
<P>(b) Geological and high-resolution geophysical, geotechnical, archaeological, biological, physical oceanographic, meteorological, socioeconomic, or other surveys; or
</P>
<P>(c) Studies that model potential oil and hazardous substance spills, drilling muds and cuttings discharges, projected air emissions, or potential hydrogen sulfide (H<E T="52">2</E>S) releases.


</P>
</DIV8>


<DIV8 N="§ 550.208" NODE="30:2.0.3.5.2.2.221.9" TYPE="SECTION">
<HEAD>§ 550.208   If I conduct ancillary activities, what notices must I provide?</HEAD>
<P>At least 30 calendar days before you conduct any G&amp;G exploration or development G&amp;G activity (see § 550.207(a)), you must notify the Regional Supervisor in writing.
</P>
<P>(a) When you prepare the notice, you must:
</P>
<P>(1) Sign and date the notice;
</P>
<P>(2) Provide the names of the vessel, its operator, and the person(s) in charge; the specific type(s) of operations you will conduct; and the instrumentation/techniques and vessel navigation system you will use;
</P>
<P>(3) Provide expected start and completion dates and the location of the activity; and
</P>
<P>(4) Describe the potential adverse environmental effects of the proposed activity and any mitigation to eliminate or minimize these effects on the marine, coastal, and human environment.
</P>
<P>(b) The Regional Supervisor may require you to:
</P>
<P>(1) Give written notice to BOEM at least 15 calendar days before you conduct any other ancillary activity (see § 550.207(b) and (c)) in addition to those listed in § 550.207(a); and
</P>
<P>(2) Notify other users of the OCS before you conduct any ancillary activity.


</P>
</DIV8>


<DIV8 N="§ 550.209" NODE="30:2.0.3.5.2.2.221.10" TYPE="SECTION">
<HEAD>§ 550.209   What is the BOEM review process for the notice?</HEAD>
<P>The Regional Supervisor will review any notice required under § 550.208(a) and (b)(1) to ensure that your ancillary activity complies with the performance standards listed in § 550.202(a), (b), (d), and (e). The Regional Supervisor may notify you that your ancillary activity does not comply with those standards. In such a case, the Regional Supervisor will require you to submit an EP, DPP, or DOCD and you may not start your ancillary activity until the Regional Supervisor approves the EP, DPP, or DOCD.


</P>
</DIV8>


<DIV8 N="§ 550.210" NODE="30:2.0.3.5.2.2.221.11" TYPE="SECTION">
<HEAD>§ 550.210   If I conduct ancillary activities, what reporting and data/information retention requirements must I satisfy?</HEAD>
<P>(a) <I>Reporting.</I> The Regional Supervisor may require you to prepare and submit reports that summarize and analyze data or information obtained or derived from your ancillary activities. When applicable, BOEM will protect and disclose the data and information in these reports in accordance with § 550.197(b).
</P>
<P>(b) <I>Data and information retention.</I> You must retain copies of all original data and information, including navigation data, obtained or derived from your G&amp;G explorations and development G&amp;G activities (see § 550.207(a)), including any such data and information you obtained from previous leaseholders or unit operators. You must submit such data and information to BOEM for inspection and possible retention upon request at any time before lease or unit termination. When applicable, BOEM will protect and disclose such submitted data and information in accordance with § 550.197(b).


</P>
</DIV8>

</DIV7>


<DIV7 N="222" NODE="30:2.0.3.5.2.2.222" TYPE="SUBJGRP">
<HEAD>Contents of Exploration Plans (EP)</HEAD>


<DIV8 N="§ 550.211" NODE="30:2.0.3.5.2.2.222.12" TYPE="SECTION">
<HEAD>§ 550.211   What must the EP include?</HEAD>
<P>Your EP must include the following:
</P>
<P>(a) <I>Description, objectives, and schedule.</I> A description, discussion of the objectives, and tentative schedule (from start to completion) of the exploration activities that you propose to undertake. Examples of exploration activities include exploration drilling, well test flaring, installing a well protection structure, and temporary well abandonment.
</P>
<P>(b) <I>Location.</I> A map showing the surface location and water depth of each proposed well and the locations of all associated drilling unit anchors.
</P>
<P>(c) <I>Drilling unit.</I> A description of the drilling unit and associated equipment you will use to conduct your proposed exploration activities, including a brief description of its important safety and pollution prevention features, and a table indicating the type and the estimated maximum quantity of fuels, oil, and lubricants that will be stored on the facility (see definition of “facility” under § 550.105(3)).
</P>
<P>(d) <I>Service fee.</I> You must include payment of the service fee listed in § 550.125.


</P>
</DIV8>


<DIV8 N="§ 550.212" NODE="30:2.0.3.5.2.2.222.13" TYPE="SECTION">
<HEAD>§ 550.212   What information must accompany the EP?</HEAD>
<P>The following information must accompany your EP:
</P>
<P>(a) General information required by § 550.213;
</P>
<P>(b) Geological and geophysical (G&amp;G) information required by § 550.214;
</P>
<P>(c) Hydrogen sulfide information required by § 550.215;
</P>
<P>(d) Biological, physical, and socioeconomic information required by § 550.216;
</P>
<P>(e) Solid and liquid wastes and discharges information and cooling water intake information required by § 550.217;
</P>
<P>(f) Air emissions information required by § 550.218;
</P>
<P>(g) Oil and hazardous substance spills information required by § 550.219;
</P>
<P>(h) Alaska planning information required by § 550.220;
</P>
<P>(i) Environmental monitoring information required by § 550.221;
</P>
<P>(j) Lease stipulations information required by § 550.222;
</P>
<P>(k) Mitigation measures information required by § 550.223;
</P>
<P>(l) Support vessels and aircraft information required by § 550.224;
</P>
<P>(m) Onshore support facilities information required by § 550.225;
</P>
<P>(n) Coastal zone management information required by § 550.226;
</P>
<P>(o) Environmental impact analysis information required by § 550.227; and
</P>
<P>(p) Administrative information required by § 550.228.


</P>
</DIV8>


<DIV8 N="§ 550.213" NODE="30:2.0.3.5.2.2.222.14" TYPE="SECTION">
<HEAD>§ 550.213   What general information must accompany the EP?</HEAD>
<P>The following general information must accompany your EP:
</P>
<P>(a) <I>Applications and permits.</I> A listing, including filing or approval status, of the Federal, State, and local application approvals or permits you must obtain to conduct your proposed exploration activities.
</P>
<P>(b) <I>Drilling fluids.</I> A table showing the projected amount, discharge rate, and chemical constituents for each type (<I>i.e.,</I> water-based, oil-based, synthetic-based) of drilling fluid you plan to use to drill your proposed exploration wells.
</P>
<P>(c) <I>Chemical products.</I> A table showing the name and brief description, quantities to be stored, storage method, and rates of usage of the chemical products you will use to conduct your proposed exploration activities. List only those chemical products you will store or use in quantities greater than the amounts defined as Reportable Quantities in 40 CFR part 302, or amounts specified by the Regional Supervisor.
</P>
<P>(d) <I>New or unusual technology.</I> A description and discussion of any new or unusual technology (see definition under § 550.200) you will use to carry out your proposed exploration activities. In the public information copies of your EP, you may exclude any proprietary information from this description. In that case, include a brief discussion of the general subject matter of the omitted information. If you will not use any new or unusual technology to carry out your proposed exploration activities, include a statement so indicating.
</P>
<P>(e) <I>Bonds, oil spill financial responsibility, and well control statements.</I> Statements attesting that:
</P>
<P>(1) The activities and facilities proposed in your EP are or will be covered by an appropriate bond under 30 CFR part 556, subpart I;
</P>
<P>(2) You have demonstrated or will demonstrate oil spill financial responsibility for facilities proposed in your EP according to 30 CFR part 553; and
</P>
<P>(3) You have or will have the financial capability to drill a relief well and conduct other emergency well control operations.
</P>
<P>(f) <I>Suspensions of operations.</I> A brief discussion of any suspensions of operations that you anticipate may be necessary in the course of conducting your activities under the EP.
</P>
<P>(g) <I>Blowout scenario.</I> A scenario for the potential blowout of the proposed well in your EP that you expect will have the highest volume of liquid hydrocarbons. Include the estimated flow rate, total volume, and maximum duration of the potential blowout. Also, discuss the potential for the well to bridge over, the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, and rig package constraints. Estimate the time it would take to drill a relief well.
</P>
<P>(h) <I>Contact.</I> The name, address (e-mail address, if available), and telephone number of the person with whom the Regional Supervisor and any affected State(s) can communicate about your EP.


</P>
</DIV8>


<DIV8 N="§ 550.214" NODE="30:2.0.3.5.2.2.222.15" TYPE="SECTION">
<HEAD>§ 550.214   What geological and geophysical (G&amp;G) information must accompany the EP?</HEAD>
<P>The following G&amp;G information must accompany your EP:
</P>
<P>(a) <I>Geological description.</I> A geological description of the prospect(s).
</P>
<P>(b) <I>Structure contour maps.</I> Current structure contour maps (depth-based, expressed in feet subsea) drawn on the top of each prospective hydrocarbon-bearing reservoir showing the locations of proposed wells.
</P>
<P>(c) <I>Two-dimensional (2-D) or three-dimensional (3-D) seismic lines.</I> Copies of migrated and annotated 2-D or 3-D seismic lines (with depth scale) intersecting at or near your proposed well locations. You are not required to conduct both 2-D and 3-D seismic surveys if you choose to conduct only one type of survey. If you have conducted both types of surveys, the Regional Supervisor may instruct you to submit the results of both surveys. You must interpret and display this information. Because of its volume, provide this information as an enclosure to only one proprietary copy of your EP.
</P>
<P>(d) <I>Geological cross-sections.</I> Interpreted geological cross-sections showing the location and depth of each proposed well.
</P>
<P>(e) <I>Shallow hazards report.</I> A shallow hazards report based on information obtained from a high-resolution geophysical survey, or a reference to such report if you have already submitted it to the Regional Supervisor.
</P>
<P>(f) <I>Shallow hazards assessment.</I> For each proposed well, an assessment of any seafloor and subsurface geological and manmade features and conditions that may adversely affect your proposed drilling operations.
</P>
<P>(g) <I>High-resolution seismic lines.</I> A copy of the high-resolution survey line closest to each of your proposed well locations. Because of its volume, provide this information as an enclosure to only one proprietary copy of your EP. You are not required to provide this information if the surface location of your proposed well has been approved in a previously submitted EP, DPP, or DOCD.
</P>
<P>(h) <I>Stratigraphic column.</I> A generalized biostratigraphic/lithostratigraphic column from the surface to the total depth of the prospect.
</P>
<P>(i) <I>Time-versus-depth chart.</I> A seismic travel time-versus-depth chart based on the appropriate velocity analysis in the area of interpretation and specifying the geodetic datum.
</P>
<P>(j) <I>Geochemical information.</I> A copy of any geochemical reports you used or generated.
</P>
<P>(k) <I>Future G&amp;G activities.</I> A brief description of the types of G&amp;G explorations and development G&amp;G activities you may conduct for lease or unit purposes after your EP is approved.


</P>
</DIV8>


<DIV8 N="§ 550.215" NODE="30:2.0.3.5.2.2.222.16" TYPE="SECTION">
<HEAD>§ 550.215   What hydrogen sulfide (H<E T="9145">2</E>S) information must accompany the EP?</HEAD>
<P>The following H<E T="52">2</E>S information, as applicable, must accompany your EP:
</P>
<P>(a) <I>Concentration.</I> The estimated concentration of any H<E T="52">2</E>S you might encounter while you conduct your proposed exploration activities.
</P>
<P>(b) <I>Classification.</I> Under 30 CFR 250.490(c), a request that the BSEE Regional Supervisor classify the area of your proposed exploration activities as either H<E T="52">2</E>S absent, H<E T="52">2</E>S present, or H<E T="52">2</E>S unknown. Provide sufficient information to justify your request.
</P>
<P>(c) <I>H</I><E T="52">2</E><I>S Contingency Plan.</I> If you ask the Regional Supervisor to classify the area of your proposed exploration activities as either H<E T="52">2</E>S present or H<E T="52">2</E>S unknown, an H<E T="52">2</E>S Contingency Plan prepared under 30 CFR 250.490(f), or a reference to an approved or submitted H<E T="52">2</E>S Contingency Plan that covers the proposed exploration activities.
</P>
<P>(d) <I>Modeling report.</I> If you modeled a potential H<E T="52">2</E>S release when developing your EP, modeling report or the modeling results, or a reference to such report or results if you have already submitted it to the Regional Supervisor.
</P>
<P>(1) The analysis in the modeling report must be specific to the particular site of your proposed exploration activities, and must consider any nearby human-occupied OCS facilities, shipping lanes, fishery areas, and other points where humans may be subject to potential exposure from an H<E T="52">2</E>S release from your proposed exploration activities.
</P>
<P>(2) If any H<E T="52">2</E>S emissions are projected to affect an onshore location in concentrations greater than 10 parts per million, the modeling analysis must be consistent with the Environmental Protection Agency's (EPA) risk management plan methodologies outlined in 40 CFR part 68.


</P>
</DIV8>


<DIV8 N="§ 550.216" NODE="30:2.0.3.5.2.2.222.17" TYPE="SECTION">
<HEAD>§ 550.216   What biological, physical, and socioeconomic information must accompany the EP?</HEAD>
<P>If you obtain the following information in developing your EP, or if the Regional Supervisor requires you to obtain it, you must include a report, or the information obtained, or a reference to such a report or information if you have already submitted it to the Regional Supervisor, as accompanying information:
</P>
<P>(a) <I>Biological environment reports.</I> Site-specific information on chemosynthetic communities, federally listed threatened or endangered species, marine mammals protected under the Marine Mammal Protection Act (MMPA), sensitive underwater features, marine sanctuaries, critical habitat designated under the Endangered Species Act (ESA), or other areas of biological concern.
</P>
<P>(b) <I>Physical environment reports.</I> Site-specific meteorological, physical oceanographic, geotechnical reports, or archaeological reports (if required under § 550.194).
</P>
<P>(c) <I>Socioeconomic study reports.</I> Socioeconomic information regarding your proposed exploration activities.


</P>
</DIV8>


<DIV8 N="§ 550.217" NODE="30:2.0.3.5.2.2.222.18" TYPE="SECTION">
<HEAD>§ 550.217   What solid and liquid wastes and discharges information and cooling water intake information must accompany the EP?</HEAD>
<P>The following solid and liquid wastes and discharges information and cooling water intake information must accompany your EP:
</P>
<P>(a) <I>Projected wastes.</I> A table providing the name, brief description, projected quantity, and composition of solid and liquid wastes (such as spent drilling fluids, drill cuttings, trash, sanitary and domestic wastes, and chemical product wastes) likely to be generated by your proposed exploration activities. Describe:
</P>
<P>(1) The methods you used for determining this information; and
</P>
<P>(2) Your plans for treating, storing, and downhole disposal of these wastes at your drilling location(s).
</P>
<P>(b) <I>Projected ocean discharges.</I> If any of your solid and liquid wastes will be discharged overboard, or are planned discharges from manmade islands:
</P>
<P>(1) A table showing the name, projected amount, and rate of discharge for each waste type; and
</P>
<P>(2) A description of the discharge method (such as shunting through a downpipe, <I>etc.</I>) you will use.
</P>
<P>(c) <I>National Pollutant Discharge Elimination System (NPDES) permit.</I> (1) A discussion of how you will comply with the provisions of the applicable general NPDES permit that covers your proposed exploration activities; or
</P>
<P>(2) A copy of your application for an individual NPDES permit. Briefly describe the major discharges and methods you will use for compliance.
</P>
<P>(d) <I>Modeling report.</I> The modeling report or the modeling results (if you modeled the discharges of your projected solid or liquid wastes when developing your EP), or a reference to such report or results if you have already submitted it to the Regional Supervisor.
</P>
<P>(e) <I>Projected cooling water intake.</I> A table for each cooling water intake structure likely to be used by your proposed exploration activities that includes a brief description of the cooling water intake structure, daily water intake rate, water intake through screen velocity, percentage of water intake used for cooling water, mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures.


</P>
</DIV8>


<DIV8 N="§ 550.218" NODE="30:2.0.3.5.2.2.222.19" TYPE="SECTION">
<HEAD>§ 550.218   What air emissions information must accompany the EP?</HEAD>
<P>The following air emissions information, as applicable, must accompany your EP: 
</P>
<P>(a) <I>Projected emissions.</I> Tables showing the projected emissions of criteria air pollutants, volatile organic compounds (VOC), and total suspended particulates (TSP) generated by your proposed exploration activities.
</P>
<P>(1) For each source on or associated with the drilling unit (including well test flaring and well protection structure installation), you must list:
</P>
<P>(i) The projected peak hourly emissions;
</P>
<P>(ii) The total annual emissions in tons per year;
</P>
<P>(iii) Emissions over the duration of the proposed exploration activities;
</P>
<P>(iv) The frequency and duration of emissions; and
</P>
<P>(v) The total of all emissions listed in paragraphs (a)(1)(i) through (iv) of this section.
</P>
<P>(2) You must provide the basis for all calculations, including engine size and rating, and applicable operational information.
</P>
<P>(3) You must base the projected emissions on the maximum rated capacity of the equipment on the proposed drilling unit under its physical and operational design.
</P>
<P>(4) If the specific drilling unit has not yet been determined, you must use the maximum emission estimates for the type of drilling unit you will use.
</P>
<P>(b) <I>Emission reduction measures.</I> A description of any proposed emission reduction measures, including the affected source(s), the emission reduction control technologies or procedures, the quantity of reductions to be achieved, and any monitoring system you propose to use to measure emissions.
</P>
<P>(c) <I>Processes, equipment, fuels, and combustibles.</I> A description of processes, processing equipment, combustion equipment, fuels, and storage units. You must include the characteristics and the frequency, duration, and maximum burn rate of any well test fluids to be burned.
</P>
<P>(d) <I>Distance to shore.</I> Identification of the distance of your drilling unit from the mean high water mark (mean higher high water mark on the Pacific coast) of the adjacent State.
</P>
<P>(e) <I>Non-exempt drilling units.</I> A description of how you will comply with § 550.303 when the projected emissions reported under paragraph (a) of this section are greater than the respective emission exemption thresholds (EET) calculated using the formulas in § 550.303(d). When BOEM requires air quality dispersion modeling, you must use the guidelines in appendix W of 40 CFR part 51 for dispersion modeling with a model approved by the Director. You must also submit the best available meteorological information and data consistent with the model(s) used.
</P>
<P>(f) <I>Modeling report.</I> A modeling report or the modeling results (if § 550.303 requires you to use an approved air quality model to model projected air emissions in developing your EP), or a reference to such a report or results if you have already submitted it to the Regional Supervisor.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 85 FR 34936, June 5, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 550.219" NODE="30:2.0.3.5.2.2.222.20" TYPE="SECTION">
<HEAD>§ 550.219   What oil and hazardous substance spills information must accompany the EP?</HEAD>
<P>The following information regarding potential spills of oil (see definition under 30 CFR 254.6) and hazardous substances (see definition under 40 CFR part 116) as applicable, must accompany your EP:
</P>
<P>(a) <I>Oil spill response planning.</I> The material required under paragraph (a)(1) or (a)(2) of this section:
</P>
<P>(1) An Oil Spill Response Plan (OSRP) for the facilities you will use to conduct your exploration activities prepared according to the requirements of 30 CFR part 254, subpart B; or
</P>
<P>(2) Reference to your approved regional OSRP (see 30 CFR 254.3) to include:
</P>
<P>(i) A discussion of your regional OSRP;
</P>
<P>(ii) The location of your primary oil spill equipment base and staging area;
</P>
<P>(iii) The name(s) of your oil spill removal organization(s) for both equipment and personnel;
</P>
<P>(iv) The calculated volume of your worst case discharge scenario (see 30 CFR 254.26(a)), and a comparison of the appropriate worst case discharge scenario in your approved regional OSRP with the worst case discharge scenario that could result from your proposed exploration activities; and
</P>
<P>(v) A description of the worst case discharge scenario that could result from your proposed exploration activities (see 30 CFR 254.26(b), (c), (d), and (e)).
</P>
<P>(b) <I>Modeling report.</I> If you model a potential oil or hazardous substance spill in developing your EP, a modeling report or the modeling results, or a reference to such report or results if you have already submitted it to the Regional Supervisor.


</P>
</DIV8>


<DIV8 N="§ 550.220" NODE="30:2.0.3.5.2.2.222.21" TYPE="SECTION">
<HEAD>§ 550.220   If I propose activities in the Alaska OCS Region, what planning information must accompany the EP?</HEAD>
<P>If you propose exploration activities in the Alaska OCS Region, the following planning information must accompany your EP:
</P>
<P>(a) <I>Emergency plans.</I> A description of your emergency plans to respond to a fire, explosion, personnel evacuation, or loss of well control, as well as a loss or disablement of a drilling unit, and loss of or damage to a support vessel, offshore vehicle, or aircraft.
</P>
<P>(b) <I>Critical operations and curtailment procedures.</I> Critical operations and curtailment procedures for your exploration activities. The procedures must identify ice conditions, weather, and other constraints under which the exploration activities will either be curtailed or not proceed.
</P>
<P>(c) If you propose exploration activities on the Arctic OCS, the following planning information must also accompany your EP:
</P>
<P>(1) <I>Suitability for Arctic OCS conditions.</I> A description of how your exploratory drilling activities will be designed and conducted in a manner that accounts for Arctic OCS conditions and how such activities will be managed and overseen as an integrated endeavor.
</P>
<P>(2) <I>Ice and weather management.</I> A description of your weather and ice forecasting and management plans for all phases of your exploratory drilling activities, including:
</P>
<P>(i) A description of how you will respond to and manage ice hazards and weather events;
</P>
<P>(ii) Your ice and weather alert procedures;
</P>
<P>(iii) Your procedures and thresholds for activating your ice and weather management system(s); and
</P>
<P>(iv) Confirmation that you will operate ice and weather management and alert systems continuously throughout the planned operations, including mobilization and demobilization operations to and from the Arctic OCS.
</P>
<P>(3) <I>Source control and containment equipment capabilities.</I> A general description of how you will comply with § 250.471 of this title.
</P>
<P>(4) <I>Deployment of a relief well rig.</I> A general description of how you will comply with § 250.472 of this title, including a description of the relief well rig, the anticipated staging area of the relief well rig, an estimate of the time it would take for the relief well rig to arrive at the site of a loss of well control, how you would drill a relief well if necessary, and the approximate timeframe to complete relief well operations.
</P>
<P>(5) <I>Resource-sharing.</I> Any agreements you have with third parties for the sharing of assets or the provision of mutual aid in the event of an oil spill or other emergency.
</P>
<P>(6) <I>Anticipated end of seasonal operations dates.</I> Your projected end of season dates, and the information used to identify those dates, for:
</P>
<P>(i) The completion of on-site operations, which is contingent upon your capability in terms of equipment and procedures to manage and mitigate risks associated with Arctic OCS conditions; and
</P>
<P>(ii) The termination of drilling operations consistent with the relief rig planning requirements under § 250.472 of this title and with your estimated timeframe under paragraph (c)(4) of this section for completion of relief well operations.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 81 FR 46565, July 15, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 550.221" NODE="30:2.0.3.5.2.2.222.22" TYPE="SECTION">
<HEAD>§ 550.221   What environmental monitoring information must accompany the EP?</HEAD>
<P>The following environmental monitoring information, as applicable, must accompany your EP:
</P>
<P>(a) <I>Monitoring systems.</I> A description of any existing and planned monitoring systems that are measuring, or will measure, environmental conditions or will provide project-specific data or information on the impacts of your exploration activities.
</P>
<P>(b) <I>Incidental takes.</I> If there is reason to believe that protected species may be incidentally taken by planned exploration activities, you must describe how you will monitor for incidental take of:
</P>
<P>(1) Threatened and endangered species listed under the ESA; and
</P>
<P>(2) Marine mammals, as appropriate, if you have not already received authorization for incidental take as may be necessary under the MMPA.
</P>
<P>(c) <I>Flower Garden Banks National Marine Sanctuary (FGBNMS).</I> If you propose to conduct exploration activities within the protective zones of the FGBNMS, a description of your provisions for monitoring the impacts of an oil spill on the environmentally sensitive resources at the FGBNMS.


</P>
</DIV8>


<DIV8 N="§ 550.222" NODE="30:2.0.3.5.2.2.222.23" TYPE="SECTION">
<HEAD>§ 550.222   What lease stipulations information must accompany the EP?</HEAD>
<P>A description of the measures you took, or will take, to satisfy the conditions of lease stipulations related to your proposed exploration activities must accompany your EP.


</P>
</DIV8>


<DIV8 N="§ 550.223" NODE="30:2.0.3.5.2.2.222.24" TYPE="SECTION">
<HEAD>§ 550.223   What mitigation measures information must accompany the EP?</HEAD>
<P>(a) If you propose to use any measures beyond those required by the regulations in this part to minimize or mitigate environmental impacts from your proposed exploration activities, a description of the measures you will use must accompany your EP.
</P>
<P>(b) If there is reason to believe that protected species may be incidentally taken by planned exploration activities, you must include mitigation measures designed to avoid or minimize the incidental take of:
</P>
<P>(1) Threatened and endangered species listed under the ESA; and
</P>
<P>(2) Marine mammals, as appropriate, if you have not already received authorization for incidental take as may be necessary under the MMPA.


</P>
</DIV8>


<DIV8 N="§ 550.224" NODE="30:2.0.3.5.2.2.222.25" TYPE="SECTION">
<HEAD>§ 550.224   What information on support vessels, offshore vehicles, and aircraft you will use must accompany the EP?</HEAD>
<P>The following information on the support vessels, offshore vehicles, and aircraft you will use must accompany your EP:
</P>
<P>(a) <I>General.</I> A description of the crew boats, supply boats, anchor handling vessels, tug boats, barges, ice management vessels, other vessels, offshore vehicles, and aircraft you will use to support your exploration activities. The description of vessels and offshore vehicles must estimate the storage capacity of their fuel tanks and the frequency of their visits to your drilling unit.
</P>
<P>(b) <I>Air emissions.</I> A table showing the source, composition, frequency, and duration of the air emissions likely to be generated by the support vessels, offshore vehicles, and aircraft you will use that will operate within 25 miles of your drilling unit.
</P>
<P>(c) <I>Drilling fluids and chemical products transportation.</I> A description of the transportation method and quantities of drilling fluids and chemical products (see § 550.213(b) and (c)) you will transport from the onshore support facilities you will use to your drilling unit.
</P>
<P>(d) <I>Solid and liquid wastes transportation.</I> A description of the transportation method and a brief description of the composition, quantities, and destination(s) of solid and liquid wastes (see § 550.217(a)) you will transport from your drilling unit.
</P>
<P>(e) <I>Vicinity map.</I> A map showing the location of your proposed exploration activities relative to the shoreline. The map must depict the primary route(s) the support vessels and aircraft will use when traveling between the onshore support facilities you will use and your drilling unit.


</P>
</DIV8>


<DIV8 N="§ 550.225" NODE="30:2.0.3.5.2.2.222.26" TYPE="SECTION">
<HEAD>§ 550.225   What information on the onshore support facilities you will use must accompany the EP?</HEAD>
<P>The following information on the onshore support facilities you will use must accompany your EP:
</P>
<P>(a) <I>General.</I> A description of the onshore facilities you will use to provide supply and service support for your proposed exploration activities (e.g., service bases and mud company docks).
</P>
<P>(1) Indicate whether the onshore support facilities are existing, to be constructed, or to be expanded.
</P>
<P>(2) If the onshore support facilities are, or will be, located in areas not adjacent to the Western GOA, provide a timetable for acquiring lands (including rights-of-way and easements) and constructing or expanding the facilities. Describe any State or Federal permits or approvals (dredging, filling, <I>etc.</I>) that would be required for constructing or expanding them.
</P>
<P>(b) <I>Air emissions.</I> A description of the source, composition, frequency, and duration of the air emissions (attributable to your proposed exploration activities) likely to be generated by the onshore support facilities you will use.
</P>
<P>(c) <I>Unusual solid and liquid wastes.</I> A description of the quantity, composition, and method of disposal of any unusual solid and liquid wastes (attributable to your proposed exploration activities) likely to be generated by the onshore support facilities you will use. Unusual wastes are those wastes not specifically addressed in the relevant National Pollution Discharge Elimination System (NPDES) permit.
</P>
<P>(d) <I>Waste disposal.</I> A description of the onshore facilities you will use to store and dispose of solid and liquid wastes generated by your proposed exploration activities (see § 550.217) and the types and quantities of such wastes.


</P>
</DIV8>


<DIV8 N="§ 550.226" NODE="30:2.0.3.5.2.2.222.27" TYPE="SECTION">
<HEAD>§ 550.226   What Coastal Zone Management Act (CZMA) information must accompany the EP?</HEAD>
<P>The following CZMA information must accompany your EP:
</P>
<P>(a) <I>Consistency certification.</I> A copy of your consistency certification under section 307(c)(3)(B) of the CZMA (16 U.S.C. 1456(c)(3)(B)) and 15 CFR 930.76(d) stating that the proposed exploration activities described in detail in this EP comply with (name of State(s)) approved coastal management program(s) and will be conducted in a manner that is consistent with such program(s); and
</P>
<P>(b) <I>Other information.</I> “Information” as required by 15 CFR 930.76(a) and 15 CFR 930.58(a)(2)) and “Analysis” as required by 15 CFR 930.58(a)(3).


</P>
</DIV8>


<DIV8 N="§ 550.227" NODE="30:2.0.3.5.2.2.222.28" TYPE="SECTION">
<HEAD>§ 550.227   What environmental impact analysis (EIA) information must accompany the EP?</HEAD>
<P>The following EIA information must accompany your EP:
</P>
<P>(a) <I>General requirements.</I> Your EIA must:
</P>
<P>(1) Assess the potential environmental impacts of your proposed exploration activities;
</P>
<P>(2) Be project specific; and
</P>
<P>(3) Be as detailed as necessary to assist the Regional Supervisor in complying with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 <I>et seq.</I>) and other relevant Federal laws such as the ESA and the MMPA.
</P>
<P>(b) <I>Resources, conditions, and activities.</I> Your EIA must describe those resources, conditions, and activities listed below that could be affected by your proposed exploration activities, or that could affect the construction and operation of facilities or structures, or the activities proposed in your EP.
</P>
<P>(1) Meteorology, oceanography, geology, and shallow geological or manmade hazards;
</P>
<P>(2) Air and water quality;
</P>
<P>(3) Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, and plant life;
</P>
<P>(4) Threatened or endangered species and their critical habitat as defined by the Endangered Species Act of 1973;
</P>
<P>(5) Sensitive biological resources or habitats such as essential fish habitat, refuges, preserves, special management areas identified in coastal management programs, sanctuaries, rookeries, and calving grounds;
</P>
<P>(6) Archaeological resources;
</P>
<P>(7) Socioeconomic resources including employment, existing offshore and coastal infrastructure (including major sources of supplies, services, energy, and water), land use, subsistence resources and harvest practices, recreation, recreational and commercial fishing (including typical fishing seasons, location, and type), minority and lower income groups, and coastal zone management programs;
</P>
<P>(8) Coastal and marine uses such as military activities, shipping, and mineral exploration or development; and
</P>
<P>(9) Other resources, conditions, and activities identified by the Regional Supervisor.
</P>
<P>(c) <I>Environmental impacts.</I> Your EIA must:
</P>
<P>(1) Analyze the potential direct and indirect impacts (including those from accidents, cooling water intake structures, and those identified in relevant ESA biological opinions such as, but not limited to, those from noise, vessel collisions, and marine trash and debris) that your proposed exploration activities will have on the identified resources, conditions, and activities;
</P>
<P>(2) Analyze any potential cumulative impacts from other activities to those identified resources, conditions, and activities potentially impacted by your proposed exploration activities;
</P>
<P>(3) Describe the type, severity, and duration of these potential impacts and their biological, physical, and other consequences and implications;
</P>
<P>(4) Describe potential measures to minimize or mitigate these potential impacts; and
</P>
<P>(5) Summarize the information you incorporate by reference.
</P>
<P>(d) <I>Consultation.</I> Your EIA must include a list of agencies and persons with whom you consulted, or with whom you will be consulting, regarding potential impacts associated with your proposed exploration activities.
</P>
<P>(e) <I>References cited.</I> Your EIA must include a list of the references that you cite in the EIA.


</P>
</DIV8>


<DIV8 N="§ 550.228" NODE="30:2.0.3.5.2.2.222.29" TYPE="SECTION">
<HEAD>§ 550.228   What administrative information must accompany the EP?</HEAD>
<P>The following administrative information must accompany your EP:
</P>
<P>(a) <I>Exempted information description (public information copies only).</I> A description of the general subject matter of the proprietary information that is included in the proprietary copies of your EP or its accompanying information.
</P>
<P>(b) <I>Bibliography.</I> (1) If you reference a previously submitted EP, DPP, DOCD, study report, survey report, or other material in your EP or its accompanying information, a list of the referenced material; and
</P>
<P>(2) The location(s) where the Regional Supervisor can inspect the cited referenced material if you have not submitted it.


</P>
</DIV8>

</DIV7>


<DIV7 N="223" NODE="30:2.0.3.5.2.2.223" TYPE="SUBJGRP">
<HEAD>Review and Decision Process for the EP</HEAD>


<DIV8 N="§ 550.231" NODE="30:2.0.3.5.2.2.223.30" TYPE="SECTION">
<HEAD>§ 550.231   After receiving the EP, what will BOEM do?</HEAD>
<P>(a) <I>Determine whether deemed submitted.</I> Within 15 working days after receiving your proposed EP and its accompanying information, the Regional Supervisor will review your submission and deem your EP submitted if:
</P>
<P>(1) The submitted information, including the information that must accompany the EP (refer to the list in § 550.212), fulfills requirements and is sufficiently accurate;
</P>
<P>(2) You have provided all needed additional information (see § 550.201(b)); and
</P>
<P>(3) You have provided the required number of copies (see § 550.206(a)).
</P>
<P>(b) <I>Identify problems and deficiencies.</I> If the Regional Supervisor determines that you have not met one or more of the conditions in paragraph (a) of this section, the Regional Supervisor will notify you of the problem or deficiency within 15 working days after the Regional Supervisor receives your EP and its accompanying information. The Regional Supervisor will not deem your EP submitted until you have corrected all problems or deficiencies identified in the notice.
</P>
<P>(c) <I>Deemed submitted notification.</I> The Regional Supervisor will notify you when the EP is deemed submitted.


</P>
</DIV8>


<DIV8 N="§ 550.232" NODE="30:2.0.3.5.2.2.223.31" TYPE="SECTION">
<HEAD>§ 550.232   What actions will BOEM take after the EP is deemed submitted?</HEAD>
<P>(a) <I>State and CZMA consistency reviews.</I> Within 2 working days after deeming your EP submitted under § 550.231, the Regional Supervisor will use receipted mail or alternative method to send a public information copy of the EP and its accompanying information to the following:
</P>
<P>(1) <I>The Governor of each affected State.</I> The Governor has 21 calendar days after receiving your deemed-submitted EP to submit comments. The Regional Supervisor will not consider comments received after the deadline.
</P>
<P>(2) <I>The CZMA agency of each affected State.</I> The CZMA consistency review period under section 307(c)(3)(B)(ii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(ii)) and 15 CFR 930.78 begins when the State's CZMA agency receives a copy of your deemed-submitted EP, consistency certification, and required necessary data and information (see 15 CFR 930.77(a)(1)).
</P>
<P>(b) <I>BOEM compliance review.</I> The Regional Supervisor will review the exploration activities described in your proposed EP to ensure that they conform to the performance standards in § 550.202.
</P>
<P>(c) <I>BOEM environmental impact evaluation.</I> The Regional Supervisor will evaluate the environmental impacts of the activities described in your proposed EP and prepare environmental documentation under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 <I>et seq.</I>) and the implementing regulations (40 CFR parts 1500 through 1508).
</P>
<P>(d) <I>Amendments.</I> During the review of your proposed EP, the Regional Supervisor may require you, or you may elect, to change your EP. If you elect to amend your EP, the Regional Supervisor may determine that your EP, as amended, is subject to the requirements of § 550.231.


</P>
</DIV8>


<DIV8 N="§ 550.233" NODE="30:2.0.3.5.2.2.223.32" TYPE="SECTION">
<HEAD>§ 550.233   What decisions will BOEM make on the EP and within what timeframe?</HEAD>
<P>(a) <I>Timeframe.</I> The Regional Supervisor will take one of the actions shown in the table in paragraph (b) of this section within 30 calendar days after the Regional Supervisor deems your EP submitted under § 550.231, or receives the last amendment to your proposed EP, whichever occurs later.
</P>
<P>(b) <I>BOEM decision.</I> By the deadline in paragraph (a) of this section, the Regional Supervisor will take one of the following actions:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">The regional
<br/>supervisor will . . .
</TH><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">And then . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Approve your EP,</TD><TD align="left" class="gpotbl_cell">It complies with all applicable requirements,</TD><TD align="left" class="gpotbl_cell">The Regional Supervisor will notify you in writing of the decision and may require you to meet certain conditions, including those to provide monitoring information.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Require you to modify your proposed EP,</TD><TD align="left" class="gpotbl_cell">The Regional Supervisor finds that it is inconsistent with the lease, the Act, the regulations prescribed under the Act, or other Federal laws,</TD><TD align="left" class="gpotbl_cell">The Regional Supervisor will notify you in writing of the decision and describe the modifications you must make to your proposed EP to ensure it complies with all applicable requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Disapprove your EP,</TD><TD align="left" class="gpotbl_cell">Your proposed activities would probably cause serious harm or damage to life (including fish or other aquatic life); property; any mineral (in areas leased or not leased); the National security or defense; or the marine, coastal, or human environment; and you cannot modify your proposed activities to avoid such condition(s),</TD><TD align="left" class="gpotbl_cell">(i) The Regional Supervisor will notify you in writing of the decision and describe the reason(s) for disapproving your EP.
<br/>(ii) BOEM may cancel your lease and compensate you under 43 U.S.C. 1334(a)(2)(C) and the implementing regulations in §§ 550.182, 550.184, and 550.185 and 30 CFR 556.77.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 550.234" NODE="30:2.0.3.5.2.2.223.33" TYPE="SECTION">
<HEAD>§ 550.234   How do I submit a modified EP or resubmit a disapproved EP, and when will BOEM make a decision?</HEAD>
<P>(a) <I>Modified EP.</I> If the Regional Supervisor requires you to modify your proposed EP under § 550.233(b)(2), you must submit the modification(s) to the Regional Supervisor in the same manner as for a new EP. You need submit only information related to the proposed modification(s).
</P>
<P>(b) <I>Resubmitted EP.</I> If the Regional Supervisor disapproves your EP under § 550.233(b)(3), you may resubmit the disapproved EP if there is a change in the conditions that were the basis of its disapproval.
</P>
<P>(c) <I>BOEM review and timeframe.</I> The Regional Supervisor will use the performance standards in § 550.202 to either approve, require you to further modify, or disapprove your modified or resubmitted EP. The Regional Supervisor will make a decision within 30 calendar days after the Regional Supervisor deems your modified or resubmitted EP to be submitted, or receives the last amendment to your modified or resubmitted EP, whichever occurs later.


</P>
</DIV8>


<DIV8 N="§ 550.235" NODE="30:2.0.3.5.2.2.223.34" TYPE="SECTION">
<HEAD>§ 550.235   If a State objects to the EP's coastal zone consistency certification, what can I do?</HEAD>
<P>If an affected State objects to the coastal zone consistency certification accompanying your proposed EP within the timeframe prescribed in § 550.233(a) or § 550.234(c), you may do one of the following:
</P>
<P>(a) <I>Amend your EP.</I> Amend your EP to accommodate the State's objection and submit the amendment to the Regional Supervisor for approval. The amendment needs to only address information related to the State's objection.
</P>
<P>(b) <I>Appeal.</I> Appeal the State's objection to the Secretary of Commerce using the procedures in 15 CFR part 930, subpart H. The Secretary of Commerce will either:
</P>
<P>(1) Grant your appeal by finding, under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)), that each activity described in detail in your EP is consistent with the objectives of the CZMA, or is otherwise necessary in the interest of National security; or
</P>
<P>(2) Deny your appeal, in which case you may amend your EP as described in paragraph (a) of this section.
</P>
<P>(c) <I>Withdraw your EP.</I> Withdraw your EP if you decide not to conduct your proposed exploration activities.


</P>
</DIV8>

</DIV7>


<DIV7 N="224" NODE="30:2.0.3.5.2.2.224" TYPE="SUBJGRP">
<HEAD>Contents of Development and Production Plans (DPP) and Development Operations Coordination Documents (DOCD)</HEAD>


<DIV8 N="§ 550.241" NODE="30:2.0.3.5.2.2.224.35" TYPE="SECTION">
<HEAD>§ 550.241   What must the DPP or DOCD include?</HEAD>
<P>Your DPP or DOCD must include the following:
</P>
<P>(a) <I>Description, objectives, and schedule.</I> A description, discussion of the objectives, and tentative schedule (from start to completion) of the development and production activities you propose to undertake. Examples of development and production activities include:
</P>
<P>(1) Development drilling;
</P>
<P>(2) Well test flaring;
</P>
<P>(3) Installation of production platforms, satellite structures, subsea wellheads and manifolds, and lease term pipelines (see definition at § 550.105); and
</P>
<P>(4) Installation of production facilities and conduct of production operations.
</P>
<P>(b) <I>Location.</I> The location and water depth of each of your proposed wells and production facilities. Include a map showing the surface and bottom-hole location and water depth of each proposed well, the surface location of each production facility, and the locations of all associated drilling unit and construction barge anchors.
</P>
<P>(c) <I>Drilling unit.</I> A description of the drilling unit and associated equipment you will use to conduct your proposed development drilling activities. Include a brief description of its important safety and pollution prevention features, and a table indicating the type and the estimated maximum quantity of fuels and oil that will be stored on the facility (see definition of “facility (3)” under § 550.105).
</P>
<P>(d) <I>Production facilities.</I> A description of the production platforms, satellite structures, subsea wellheads and manifolds, lease term pipelines (see definition at § 550.105), production facilities, umbilicals, and other facilities you will use to conduct your proposed development and production activities. Include a brief description of their important safety and pollution prevention features, and a table indicating the type and the estimated maximum quantity of fuels and oil that will be stored on the facility (see definition of “facility (3)” under § 550.105).
</P>
<P>(e) <I>Service fee.</I> You must include payment of the service fee listed in § 550.125.


</P>
</DIV8>


<DIV8 N="§ 550.242" NODE="30:2.0.3.5.2.2.224.36" TYPE="SECTION">
<HEAD>§ 550.242   What information must accompany the DPP or DOCD?</HEAD>
<P>The following information must accompany your DPP or DOCD.
</P>
<P>(a) General information required by § 550.243;
</P>
<P>(b) G&amp;G information required by § 550.244;
</P>
<P>(c) Hydrogen sulfide information required by § 550.245;
</P>
<P>(d) Mineral resource conservation information required by § 550.246;
</P>
<P>(e) Biological, physical, and socioeconomic information required by § 550.247;
</P>
<P>(f) Solid and liquid wastes and discharges information and cooling water intake information required by § 550.248;
</P>
<P>(g) Air emissions information required by § 550.249;
</P>
<P>(h) Oil and hazardous substance spills information required by § 550.250;
</P>
<P>(i) Alaska planning information required by § 550.251;
</P>
<P>(j) Environmental monitoring information required by § 550.252;
</P>
<P>(k) Lease stipulations information required by § 550.253;
</P>
<P>(l) Mitigation measures information required by § 550.254;
</P>
<P>(m) Decommissioning information required by § 550.255;
</P>
<P>(n) Related facilities and operations information required by § 550.256;
</P>
<P>(o) Support vessels and aircraft information required by § 550.257;
</P>
<P>(p) Onshore support facilities information required by § 550.258;
</P>
<P>(q) Sulphur operations information required by § 550.259;
</P>
<P>(r) Coastal zone management information required by § 550.260;
</P>
<P>(s) Environmental impact analysis information required by § 550.261; and
</P>
<P>(t) Administrative information required by § 550.262.


</P>
</DIV8>


<DIV8 N="§ 550.243" NODE="30:2.0.3.5.2.2.224.37" TYPE="SECTION">
<HEAD>§ 550.243   What general information must accompany the DPP or DOCD?</HEAD>
<P>The following general information must accompany your DPP or DOCD:
</P>
<P>(a) <I>Applications and permits.</I> A listing, including filing or approval status, of the Federal, State, and local application approvals or permits you must obtain to carry out your proposed development and production activities.
</P>
<P>(b) <I>Drilling fluids.</I> A table showing the projected amount, discharge rate, and chemical constituents for each type (<I>i.e.,</I> water based, oil based, synthetic based) of drilling fluid you plan to use to drill your proposed development wells.
</P>
<P>(c) <I>Production.</I> The following production information:
</P>
<P>(1) Estimates of the average and peak rates of production for each type of production and the life of the reservoir(s) you intend to produce; and
</P>
<P>(2) The chemical and physical characteristics of the produced oil (see definition under 30 CFR 254.6) that you will handle or store at the facilities you will use to conduct your proposed development and production activities.
</P>
<P>(d) <I>Chemical products.</I> A table showing the name and brief description, quantities to be stored, storage method, and rates of usage of the chemical products you will use to conduct your proposed development and production activities. You need list only those chemical products you will store or use in quantities greater than the amounts defined as Reportable Quantities in 40 CFR part 302, or amounts specified by the Regional Supervisor.
</P>
<P>(e) <I>New or unusual technology.</I> A description and discussion of any new or unusual technology (see definition under § 550.200) you will use to carry out your proposed development and production activities. In the public information copies of your DPP or DOCD, you may exclude any proprietary information from this description. In that case, include a brief discussion of the general subject matter of the omitted information. If you will not use any new or unusual technology to carry out your proposed development and production activities, include a statement so indicating.
</P>
<P>(f) <I>Bonds, oil spill financial responsibility, and well control statements.</I> Statements attesting that:
</P>
<P>(1) The activities and facilities proposed in your DPP or DOCD are or will be covered by an appropriate bond under 30 CFR part 556, subpart I;
</P>
<P>(2) You have demonstrated or will demonstrate oil spill financial responsibility for facilities proposed in your DPP or DOCD, according to 30 CFR part 553; and
</P>
<P>(3) You have or will have the financial capability to drill a relief well and conduct other emergency well control operations.
</P>
<P>(g) <I>Suspensions of production or operations.</I> A brief discussion of any suspensions of production or suspensions of operations that you anticipate may be necessary in the course of conducting your activities under the DPP or DOCD.
</P>
<P>(h) <I>Blowout scenario.</I> A scenario for a potential blowout of the proposed well in your DPP or DOCD that you expect will have the highest volume of liquid hydrocarbons. Include the estimated flow rate, total volume, and maximum duration of the potential blowout. Also, discuss the potential for the well to bridge over, the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, and rig package constraints. Estimate the time it would take to drill a relief well.
</P>
<P>(i) <I>Contact.</I> The name, mailing address, (e-mail address if available), and telephone number of the person with whom the Regional Supervisor and the affected State(s) can communicate about your DPP or DOCD.


</P>
</DIV8>


<DIV8 N="§ 550.244" NODE="30:2.0.3.5.2.2.224.38" TYPE="SECTION">
<HEAD>§ 550.244   What geological and geophysical (G&amp;G) information must accompany the DPP or DOCD?</HEAD>
<P>The following G&amp;G information must accompany your DPP or DOCD:
</P>
<P>(a) <I>Geological description.</I> A geological description of the prospect(s).
</P>
<P>(b) <I>Structure contour maps.</I> Current structure contour maps (depth-based, expressed in feet subsea) showing depths of expected productive formations and the locations of proposed wells.
</P>
<P>(c) <I>Two dimensional (2-D) or three-dimensional (3-D) seismic lines.</I> Copies of migrated and annotated 2-D or 3-D seismic lines (with depth scale) intersecting at or near your proposed well locations. You are not required to conduct both 2-D and 3-D seismic surveys if you choose to conduct only one type of survey. If you have conducted both types of surveys, the Regional Supervisor may instruct you to submit the results of both surveys. You must interpret and display this information. Provide this information as an enclosure to only one proprietary copy of your DPP or DOCD.
</P>
<P>(d) <I>Geological cross-sections.</I> Interpreted geological cross-sections showing the depths of expected productive formations.
</P>
<P>(e) <I>Shallow hazards report.</I> A shallow hazards report based on information obtained from a high-resolution geophysical survey, or a reference to such report if you have already submitted it to the Regional Supervisor.
</P>
<P>(f) <I>Shallow hazards assessment.</I> For each proposed well, an assessment of any seafloor and subsurface geologic and manmade features and conditions that may adversely affect your proposed drilling operations.
</P>
<P>(g) <I>High resolution seismic lines.</I> A copy of the high-resolution survey line closest to each of your proposed well locations. Because of its volume, provide this information as an enclosure to only one proprietary copy of your DPP or DOCD. You are not required to provide this information if the surface location of your proposed well has been approved in a previously submitted EP, DPP, or DOCD.
</P>
<P>(h) <I>Stratigraphic column.</I> A generalized biostratigraphic/lithostratigraphic column from the surface to the total depth of each proposed well.
</P>
<P>(i) <I>Time-versus-depth chart.</I> A seismic travel time-versus-depth chart based on the appropriate velocity analysis in the area of interpretation and specifying the geodetic datum.
</P>
<P>(j) <I>Geochemical information.</I> A copy of any geochemical reports you used or generated.
</P>
<P>(k) <I>Future G&amp;G activities.</I> A brief description of the G&amp;G explorations and development G&amp;G activities that you may conduct for lease or unit purposes after your DPP or DOCD is approved.


</P>
</DIV8>


<DIV8 N="§ 550.245" NODE="30:2.0.3.5.2.2.224.39" TYPE="SECTION">
<HEAD>§ 550.245   What hydrogen sulfide (H<E T="9145">2</E>S) information must accompany the DPP or DOCD?</HEAD>
<P>The following H<E T="52">2</E>S information, as applicable, must accompany your DPP or DOCD:
</P>
<P>(a) <I>Concentration.</I> The estimated concentration of any H<E T="52">2</E>S you might encounter or handle while you conduct your proposed development and production activities.
</P>
<P>(b) <I>Classification.</I> Under 30 CFR 250.490(c), a request that the Regional Supervisor classify the area of your proposed development and production activities as either H<E T="52">2</E>S absent, H<E T="52">2</E>S present, or H<E T="52">2</E>S unknown. Provide sufficient information to justify your request.
</P>
<P>(c) <I>H</I> <E T="52">2</E>S <I>Contingency Plan.</I> If you request that the Regional Supervisor classify the area of your proposed development and production activities as either H<E T="52">2</E>S present or H<E T="52">2</E>S unknown, an H<E T="52">2</E>S Contingency Plan prepared under 30 CFR 250.490(f), or a reference to an approved or submitted H<E T="52">2</E>S Contingency Plan that covers the proposed development and production activities.
</P>
<P>(d) <I>Modeling report.</I> (1) If you have determined or estimated that the concentration of any H<E T="52">2</E>S you may encounter or handle while you conduct your development and production activities will be greater than 500 parts per million (ppm), you must:
</P>
<P>(i) Model a potential worst case H<E T="52">2</E>S release from the facilities you will use to conduct your proposed development and production activities; and
</P>
<P>(ii) Include a modeling report or modeling results, or a reference to such report or results if you have already submitted it to the Regional Supervisor.
</P>
<P>(2) The analysis in the modeling report must be specific to the particular site of your development and production activities, and must consider any nearby human-occupied OCS facilities, shipping lanes, fishery areas, and other points where humans may be subject to potential exposure from an H<E T="52">2</E>S release from your proposed activities.
</P>
<P>(3) If any H<E T="52">2</E>S emissions are projected to affect an onshore location in concentrations greater than 10 ppm, the modeling analysis must be consistent with the EPA's risk management plan methodologies outlined in 40 CFR part 68.


</P>
</DIV8>


<DIV8 N="§ 550.246" NODE="30:2.0.3.5.2.2.224.40" TYPE="SECTION">
<HEAD>§ 550.246   What mineral resource conservation information must accompany the DPP or DOCD?</HEAD>
<P>The following mineral resource conservation information, as applicable, must accompany your DPP or DOCD:
</P>
<P>(a) <I>Technology and reservoir engineering practices and procedures.</I> A description of the technology and reservoir engineering practices and procedures you will use to increase the ultimate recovery of oil and gas (e.g., secondary, tertiary, or other enhanced recovery practices). If you will not use enhanced recovery practices initially, provide an explanation of the methods you considered and the reasons why you are not using them.
</P>
<P>(b) <I>Technology and recovery practices and procedures.</I> A description of the technology and recovery practices and procedures you will use to ensure optimum recovery of oil and gas or sulphur.
</P>
<P>(c) <I>Reservoir development.</I> A discussion of exploratory well results, other reservoir data, proposed well spacing, completion methods, and other relevant well plan information.


</P>
</DIV8>


<DIV8 N="§ 550.247" NODE="30:2.0.3.5.2.2.224.41" TYPE="SECTION">
<HEAD>§ 550.247   What biological, physical, and socioeconomic information must accompany the DPP or DOCD?</HEAD>
<P>If you obtain the following information in developing your DPP or DOCD, or if the Regional Supervisor requires you to obtain it, you must include a report, or the information obtained, or a reference to such a report or information if you have already submitted it to the Regional Supervisor, as accompanying information:
</P>
<P>(a) <I>Biological environment reports.</I> Site-specific information on chemosynthetic communities, federally listed threatened or endangered species, marine mammals protected under the MMPA, sensitive underwater features, marine sanctuaries, critical habitat designated under the ESA, or other areas of biological concern.
</P>
<P>(b) <I>Physical environment reports.</I> Site-specific meteorological, physical oceanographic, geotechnical reports, or archaeological reports (if required under § 550.194).
</P>
<P>(c) <I>Socioeconomic study reports.</I> Socioeconomic information related to your proposed development and production activities.


</P>
</DIV8>


<DIV8 N="§ 550.248" NODE="30:2.0.3.5.2.2.224.42" TYPE="SECTION">
<HEAD>§ 550.248   What solid and liquid wastes and discharges information and cooling water intake information must accompany the DPP or DOCD?</HEAD>
<P>The following solid and liquid wastes and discharges information and cooling water intake information must accompany your DPP or DOCD:
</P>
<P>(a) <I>Projected wastes.</I> A table providing the name, brief description, projected quantity, and composition of solid and liquid wastes (such as spent drilling fluids, drill cuttings, trash, sanitary and domestic wastes, produced waters, and chemical product wastes) likely to be generated by your proposed development and production activities. Describe:
</P>
<P>(1) The methods you used for determining this information; and
</P>
<P>(2) Your plans for treating, storing, and downhole disposal of these wastes at your facility location(s).
</P>
<P>(b) <I>Projected ocean discharges.</I> If any of your solid and liquid wastes will be discharged overboard or are planned discharges from manmade islands:
</P>
<P>(1) A table showing the name, projected amount, and rate of discharge for each waste type; and
</P>
<P>(2) A description of the discharge method (such as shunting through a downpipe, adding to a produced water stream, <I>etc.</I>) you will use.
</P>
<P>(c) <I>National Pollutant Discharge Elimination System (NPDES) permit.</I> (1) A discussion of how you will comply with the provisions of the applicable general NPDES permit that covers your proposed development and production activities; or
</P>
<P>(2) A copy of your application for an individual NPDES permit. Briefly describe the major discharges and methods you will use for compliance.
</P>
<P>(d) <I>Modeling report.</I> A modeling report or the modeling results (if you modeled the discharges of your projected solid or liquid wastes in developing your DPP or DOCD), or a reference to such report or results if you have already submitted it to the Regional Supervisor.
</P>
<P>(e) <I>Projected cooling water intake.</I> A table for each cooling water intake structure likely to be used by your proposed development and production activities that includes a brief description of the cooling water intake structure, daily water intake rate, water intake through-screen velocity, percentage of water intake used for cooling water, mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures.


</P>
</DIV8>


<DIV8 N="§ 550.249" NODE="30:2.0.3.5.2.2.224.43" TYPE="SECTION">
<HEAD>§ 550.249   What air emissions information must accompany the DPP or DOCD?</HEAD>
<P>The following air emissions information, as applicable, must accompany your DPP or DOCD:
</P>
<P>(a) <I>Projected emissions.</I> Tables showing the projected emissions of criteria air pollutants, volatile organic compounds (VOC), and total suspended particulates (TSP) generated by your proposed development and production activities.
</P>
<P>(1) For each source on or associated with the facility you will use to conduct your proposed development and production activities, you must list:
</P>
<P>(i) The projected peak hourly emissions;
</P>
<P>(ii) The total annual emissions in tons per year;
</P>
<P>(iii) Emissions over the duration of the proposed development and production activities;
</P>
<P>(iv) The frequency and duration of emissions; and
</P>
<P>(v) The total of all emissions listed in paragraph (a)(1)(i) through (iv) of this section.
</P>
<P>(2) If your proposed production and development activities would result in an increase in the emissions of a criteria air pollutant, VOC, or TSP from your facility to an amount greater than the amount specified in your previously approved DPP or DOCD, you must show the revised emission rates for each source as well as the incremental change for each source.
</P>
<P>(3) You must provide the basis for all calculations, including engine size and rating, and applicable operational information.
</P>
<P>(4) You must base the projected emissions on the maximum rated capacity of the equipment and the maximum throughput of the facility you will use to conduct your proposed development and production activities under its physical and operational design.
</P>
<P>(5) If the specific drilling unit has not yet been determined, you must use the maximum emission estimates for the type of drilling unit you will use.
</P>
<P>(b) <I>Emission reduction measures.</I> A description of any proposed emission reduction measures, including the affected source(s), the emission reduction control technologies or procedures, the quantity of reductions to be achieved, and any monitoring system you propose to use to measure emissions.
</P>
<P>(c) <I>Processes, equipment, fuels, and combustibles.</I> A description of processes, processing equipment, combustion equipment, fuels, and storage units. You must include the frequency, duration, and maximum burn rate of any flaring activity.
</P>
<P>(d) <I>Distance to shore.</I> Identification of the distance of the site of your proposed development and production activities from the mean high water mark (mean higher high water mark on the Pacific coast) of the adjacent State.
</P>
<P>(e) <I>Non-exempt facilities.</I> A description of how you will comply with § 550.303 when the projected emissions reported under paragraph (a) of this section are greater than the respective emission exemption thresholds (EET) calculated using the formulas in § 550.303(d). When BOEM requires air quality dispersion modeling, you must use the guidelines in appendix W of 40 CFR part 51 for dispersion modeling with a model approved by the Director. You must also submit the best available meteorological information and data consistent with the model(s) used.
</P>
<P>(f) <I>Modeling report.</I> A modeling report or the modeling results (if § 550.303 requires you to use an approved air quality model to model projected air emissions in developing your DPP or DOCD), or a reference to such report or results if you have already submitted it to the Regional Supervisor.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 85 FR 34936, June 5, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 550.250" NODE="30:2.0.3.5.2.2.224.44" TYPE="SECTION">
<HEAD>§ 550.250   What oil and hazardous substance spills information must accompany the DPP or DOCD?</HEAD>
<P>The following information regarding potential spills of oil (see definition under 30 CFR 254.6) and hazardous substances (see definition under 40 CFR part 116), as applicable, must accompany your DPP or DOCD:
</P>
<P>(a) <I>Oil spill response planning.</I> The material required under paragraph (a)(1) or (a)(2) of this section:
</P>
<P>(1) An Oil Spill Response Plan (OSRP) for the facilities you will use to conduct your proposed development and production activities prepared according to the requirements of 30 CFR part 254, subpart B; or
</P>
<P>(2) Reference to your approved regional OSRP (see 30 CFR 254.3) to include:
</P>
<P>(i) A discussion of your regional OSRP;
</P>
<P>(ii) The location of your primary oil spill equipment base and staging area;
</P>
<P>(iii) The name(s) of your oil spill removal organization(s) for both equipment and personnel;
</P>
<P>(iv) The calculated volume of your worst case discharge scenario (see 30 CFR 254.26(a)), and a comparison of the appropriate worst case discharge scenario in your approved regional OSRP with the worst case discharge scenario that could result from your proposed development and production activities; and
</P>
<P>(v) A description of the worst case oil spill scenario that could result from your proposed development and production activities (see 30 CFR 254.26(b), (c), (d), and (e)).
</P>
<P>(b) <I>Modeling report.</I> If you model a potential oil or hazardous substance spill in developing your DPP or DOCD, a modeling report or the modeling results, or a reference to such report or results if you have already submitted it to the Regional Supervisor.


</P>
</DIV8>


<DIV8 N="§ 550.251" NODE="30:2.0.3.5.2.2.224.45" TYPE="SECTION">
<HEAD>§ 550.251   If I propose activities in the Alaska OCS Region, what planning information must accompany the DPP?</HEAD>
<P>If you propose development and production activities in the Alaska OCS Region, the following planning information must accompany your DPP:
</P>
<P>(a) <I>Emergency plans.</I> A description of your emergency plans to respond to a blowout, loss or disablement of a drilling unit, and loss of or damage to support craft; and
</P>
<P>(b) <I>Critical operations and curtailment procedures.</I> Critical operations and curtailment procedures for your development and production activities. The procedures must identify ice conditions, weather, and other constraints under which the development and production activities will either be curtailed or not proceed.


</P>
</DIV8>


<DIV8 N="§ 550.252" NODE="30:2.0.3.5.2.2.224.46" TYPE="SECTION">
<HEAD>§ 550.252   What environmental monitoring information must accompany the DPP or DOCD?</HEAD>
<P>The following environmental monitoring information, as applicable, must accompany your DPP or DOCD:
</P>
<P>(a) <I>Monitoring systems.</I> A description of any existing and planned monitoring systems that are measuring, or will measure, environmental conditions or will provide project-specific data or information on the impacts of your development and production activities.
</P>
<P>(b) <I>Incidental takes.</I> If there is reason to believe that protected species may be incidentally taken by planned development and production activities, you must describe how you will monitor for incidental take of:
</P>
<P>(1) Threatened and endangered species listed under the ESA; and
</P>
<P>(2) Marine mammals, as appropriate, if you have not already received authorization for incidental take of marine mammals as may be necessary under the MMPA.
</P>
<P>(c) <I>Flower Garden Banks National Marine Sanctuary (FGBNMS).</I> If you propose to conduct development and production activities within the protective zones of the FGBNMS, a description of your provisions for monitoring the impacts of oil spill on the environmentally sensitive resources of the FGBNMS.


</P>
</DIV8>


<DIV8 N="§ 550.253" NODE="30:2.0.3.5.2.2.224.47" TYPE="SECTION">
<HEAD>§ 550.253   What lease stipulations information must accompany the DPP or DOCD?</HEAD>
<P>A description of the measures you took, or will take, to satisfy the conditions of lease stipulations related to your proposed development and production activities must accompany your DPP or DOCD.


</P>
</DIV8>


<DIV8 N="§ 550.254" NODE="30:2.0.3.5.2.2.224.48" TYPE="SECTION">
<HEAD>§ 550.254   What mitigation measures information must accompany the DPP or DOCD?</HEAD>
<P>(a) If you propose to use any measures beyond those required by the regulations in this part to minimize or mitigate environmental impacts from your proposed development and production activities, a description of the measures you will use must accompany your DPP or DOCD.
</P>
<P>(b) If there is reason to believe that protected species may be incidentally taken by planned development and production activities, you must include mitigation measures designed to avoid or minimize that incidental take of:
</P>
<P>(1) Threatened and endangered species listed under the ESA; and
</P>
<P>(2) Marine mammals, as appropriate, if you have not already received authorization for incidental take as may be necessary under the MMPA.


</P>
</DIV8>


<DIV8 N="§ 550.255" NODE="30:2.0.3.5.2.2.224.49" TYPE="SECTION">
<HEAD>§ 550.255   What decommissioning information must accompany the DPP or DOCD?</HEAD>
<P>A brief description of how you intend to decommission your wells, platforms, pipelines, and other facilities, and clear your site(s) must accompany your DPP or DOCD.


</P>
</DIV8>


<DIV8 N="§ 550.256" NODE="30:2.0.3.5.2.2.224.50" TYPE="SECTION">
<HEAD>§ 550.256   What related facilities and operations information must accompany the DPP or DOCD?</HEAD>
<P>The following information regarding facilities and operations directly related to your proposed development and production activities must accompany your DPP or DOCD.
</P>
<P>(a) <I>OCS facilities and operations.</I> A description and location of any of the following that directly relate to your proposed development and production activities:
</P>
<P>(1) Drilling units;
</P>
<P>(2) Production platforms;
</P>
<P>(3) Right-of-way pipelines (including those that transport chemical products and produced water); and
</P>
<P>(4) Other facilities and operations located on the OCS (regardless of ownership).
</P>
<P>(b) <I>Transportation system.</I> A discussion of the transportation system that you will use to transport your production to shore, including:
</P>
<P>(1) Routes of any new pipelines;
</P>
<P>(2) Information concerning barges and shuttle tankers, including the storage capacity of the transport vessel(s), and the number of transfers that will take place per year;
</P>
<P>(3) Information concerning any intermediate storage or processing facilities;
</P>
<P>(4) An estimate of the quantities of oil, gas, or sulphur to be transported from your production facilities; and
</P>
<P>(5) A description and location of the primary onshore terminal.


</P>
</DIV8>


<DIV8 N="§ 550.257" NODE="30:2.0.3.5.2.2.224.51" TYPE="SECTION">
<HEAD>§ 550.257   What information on the support vessels, offshore vehicles, and aircraft you will use must accompany the DPP or DOCD?</HEAD>
<P>The following information on the support vessels, offshore vehicles, and aircraft you will use must accompany your DPP or DOCD:
</P>
<P>(a) <I>General.</I> A description of the crew boats, supply boats, anchor handling vessels, tug boats, barges, ice management vessels, other vessels, offshore vehicles, and aircraft you will use to support your development and production activities. The description of vessels and offshore vehicles must estimate the storage capacity of their fuel tanks and the frequency of their visits to the facilities you will use to conduct your proposed development and production activities.
</P>
<P>(b) <I>Air emissions.</I> A table showing the source, composition, frequency, and duration of the air emissions likely to be generated by the support vessels, offshore vehicles, and aircraft you will use that will operate within 25 miles of the facilities you will use to conduct your proposed development and production activities.
</P>
<P>(c) <I>Drilling fluids and chemical products transportation.</I> A description of the transportation method and quantities of drilling fluids and chemical products (see § 550.243(b) and (d)) you will transport from the onshore support facilities you will use to the facilities you will use to conduct your proposed development and production activities.
</P>
<P>(d) <I>Solid and liquid wastes transportation.</I> A description of the transportation method and a brief description of the composition, quantities, and destination(s) of solid and liquid wastes (see § 550.248(a)) you will transport from the facilities you will use to conduct your proposed development and production activities.
</P>
<P>(e) <I>Vicinity map.</I> A map showing the location of your proposed development and production activities relative to the shoreline. The map must depict the primary route(s) the support vessels and aircraft will use when traveling between the onshore support facilities you will use and the facilities you will use to conduct your proposed development and production activities.


</P>
</DIV8>


<DIV8 N="§ 550.258" NODE="30:2.0.3.5.2.2.224.52" TYPE="SECTION">
<HEAD>§ 550.258   What information on the onshore support facilities you will use must accompany the DPP or DOCD?</HEAD>
<P>The following information on the onshore support facilities you will use must accompany your DPP or DOCD:
</P>
<P>(a) <I>General.</I> A description of the onshore facilities you will use to provide supply and service support for your proposed development and production activities (e.g., service bases and mud company docks).
</P>
<P>(1) Indicate whether the onshore support facilities are existing, to be constructed, or to be expanded; and
</P>
<P>(2) For DPPs only, provide a timetable for acquiring lands (including rights-of-way and easements) and constructing or expanding any of the onshore support facilities.
</P>
<P>(b) <I>Air emissions.</I> A description of the source, composition, frequency, and duration of the air emissions (attributable to your proposed development and production activities) likely to be generated by the onshore support facilities you will use.
</P>
<P>(c) <I>Unusual solid and liquid wastes.</I> A description of the quantity, composition, and method of disposal of any unusual solid and liquid wastes (attributable to your proposed development and production activities) likely to be generated by the onshore support facilities you will use. Unusual wastes are those wastes not specifically addressed in the relevant National Pollution Discharge Elimination System (NPDES) permit.
</P>
<P>(d) <I>Waste disposal.</I> A description of the onshore facilities you will use to store and dispose of solid and liquid wastes generated by your proposed development and production activities (see § 550.248(a)) and the types and quantities of such wastes.


</P>
</DIV8>


<DIV8 N="§ 550.259" NODE="30:2.0.3.5.2.2.224.53" TYPE="SECTION">
<HEAD>§ 550.259   What sulphur operations information must accompany the DPP or DOCD?</HEAD>
<P>If you are proposing to conduct sulphur development and production activities, the following information must accompany your DPP or DOCD:
</P>
<P>(a) <I>Bleedwater.</I> A discussion of the bleedwater that will be generated by your proposed sulphur activities, including the measures you will take to mitigate the potential toxic or thermal impacts on the environment caused by the discharge of bleedwater.
</P>
<P>(b) <I>Subsidence.</I> An estimate of the degree of subsidence expected at various stages of your sulphur development and production activities, and a description of the measures you will take to mitigate the effects of subsidence on existing or potential oil and gas production, production platforms, and production facilities, and to protect the environment.


</P>
</DIV8>


<DIV8 N="§ 550.260" NODE="30:2.0.3.5.2.2.224.54" TYPE="SECTION">
<HEAD>§ 550.260   What Coastal Zone Management Act (CZMA) information must accompany the DPP or DOCD?</HEAD>
<P>The following CZMA information must accompany your DPP or DOCD:
</P>
<P>(a) <I>Consistency certification.</I> A copy of your consistency certification under section 307(c)(3)(B) of the CZMA (16 U.S.C. 1456(c)(3)(B)) and 15 CFR 930.76(c) stating that the proposed development and production activities described in detail in this DPP or DOCD comply with (name of State(s)) approved coastal management program(s) and will be conducted in a manner that is consistent with such program(s); and
</P>
<P>(b) <I>Other information.</I> “Information” as required by 15 CFR 930.76(a) and 15 CFR 930.58(a)(2)) and “Analysis” as required by 15 CFR 930.58(a)(3).


</P>
</DIV8>


<DIV8 N="§ 550.261" NODE="30:2.0.3.5.2.2.224.55" TYPE="SECTION">
<HEAD>§ 550.261   What environmental impact analysis (EIA) information must accompany the DPP or DOCD?</HEAD>
<P>The following EIA information must accompany your DPP or DOCD:
</P>
<P>(a) <I>General requirements.</I> Your EIA must:
</P>
<P>(1) Assess the potential environmental impacts of your proposed development and production activities;
</P>
<P>(2) Be project specific; and
</P>
<P>(3) Be as detailed as necessary to assist the Regional Supervisor in complying with the NEPA of 1969 (42 U.S.C. 4321 <I>et seq.</I>) and other relevant Federal laws such as the ESA and the MMPA.
</P>
<P>(b) <I>Resources, conditions, and activities.</I> Your EIA must describe those resources, conditions, and activities listed below that could be affected by your proposed development and production activities, or that could affect the construction and operation of facilities or structures or the activities proposed in your DPP or DOCD.
</P>
<P>(1) Meteorology, oceanography, geology, and shallow geological or manmade hazards;
</P>
<P>(2) Air and water quality;
</P>
<P>(3) Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, and plant life;
</P>
<P>(4) Threatened or endangered species and their critical habitat;
</P>
<P>(5) Sensitive biological resources or habitats such as essential fish habitat, refuges, preserves, special management areas identified in coastal management programs, sanctuaries, rookeries, and calving grounds;
</P>
<P>(6) Archaeological resources;
</P>
<P>(7) Socioeconomic resources (including the approximate number, timing, and duration of employment of persons engaged in onshore support and construction activities), population (including the approximate number of people and families added to local onshore areas), existing offshore and onshore infrastructure (including major sources of supplies, services, energy, and water), types of contractors or vendors that may place a demand on local goods and services, land use, subsistence resources and harvest practices, recreation, recreational and commercial fishing (including seasons, location, and type), minority and lower income groups, and CZMA programs;
</P>
<P>(8) Coastal and marine uses such as military activities, shipping, and mineral exploration or development; and
</P>
<P>(9) Other resources, conditions, and activities identified by the Regional Supervisor.
</P>
<P>(c) <I>Environmental impacts.</I> Your EIA must:
</P>
<P>(1) Analyze the potential direct and indirect impacts (including those from accidents, cooling water intake structures, and those identified in relevant ESA biological opinions such as, but not limited to, those from noise, vessel collisions, and marine trash and debris) that your proposed development and production activities will have on the identified resources, conditions, and activities;
</P>
<P>(2) Describe the type, severity, and duration of these potential impacts and their biological, physical, and other consequences and implications;
</P>
<P>(3) Describe potential measures to minimize or mitigate these potential impacts;
</P>
<P>(4) Describe any alternatives to your proposed development and production activities that you considered while developing your DPP or DOCD, and compare the potential environmental impacts; and
</P>
<P>(5) Summarize the information you incorporate by reference.
</P>
<P>(d) <I>Consultation.</I> Your EIA must include a list of agencies and persons with whom you consulted, or with whom you will be consulting, regarding potential impacts associated with your proposed development and production activities.
</P>
<P>(e) <I>References cited.</I> Your EIA must include a list of the references that you cite in the EIA.


</P>
</DIV8>


<DIV8 N="§ 550.262" NODE="30:2.0.3.5.2.2.224.56" TYPE="SECTION">
<HEAD>§ 550.262   What administrative information must accompany the DPP or DOCD?</HEAD>
<P>The following administrative information must accompany your DPP or DOCD:
</P>
<P>(a) <I>Exempted information description (public information copies only).</I> A description of the general subject matter of the proprietary information that is included in the proprietary copies of your DPP or DOCD or its accompanying information.
</P>
<P>(b) <I>Bibliography.</I> (1) If you reference a previously submitted EP, DPP, DOCD, study report, survey report, or other material in your DPP or DOCD or its accompanying information, a list of the referenced material; and
</P>
<P>(2) The location(s) where the Regional Supervisor can inspect the cited referenced material if you have not submitted it.


</P>
</DIV8>

</DIV7>


<DIV7 N="225" NODE="30:2.0.3.5.2.2.225" TYPE="SUBJGRP">
<HEAD>Review and Decision Process for the DPP or DOCD</HEAD>


<DIV8 N="§ 550.266" NODE="30:2.0.3.5.2.2.225.57" TYPE="SECTION">
<HEAD>§ 550.266   After receiving the DPP or DOCD, what will BOEM do?</HEAD>
<P>(a) <I>Determine whether deemed submitted.</I> Within 25 working days after receiving your proposed DPP or DOCD and its accompanying information, the Regional Supervisor will deem your DPP or DOCD submitted if:
</P>
<P>(1) The submitted information, including the information that must accompany the DPP or DOCD (refer to the list in § 550.242), fulfills requirements and is sufficiently accurate;
</P>
<P>(2) You have provided all needed additional information (see § 550.201(b)); and
</P>
<P>(3) You have provided the required number of copies (see § 550.206(a)).
</P>
<P>(b) <I>Identify problems and deficiencies.</I> If the Regional Supervisor determines that you have not met one or more of the conditions in paragraph (a) of this section, the Regional Supervisor will notify you of the problem or deficiency within 25 working days after the Regional Supervisor receives your DPP or DOCD and its accompanying information. The Regional Supervisor will not deem your DPP or DOCD submitted until you have corrected all problems or deficiencies identified in the notice.
</P>
<P>(c) <I>Deemed submitted notification.</I> The Regional Supervisor will notify you when your DPP or DOCD is deemed submitted.


</P>
</DIV8>


<DIV8 N="§ 550.267" NODE="30:2.0.3.5.2.2.225.58" TYPE="SECTION">
<HEAD>§ 550.267   What actions will BOEM take after the DPP or DOCD is deemed submitted?</HEAD>
<P>(a) <I>State, local government, CZMA consistency, and other reviews.</I> Within 2 working days after the Regional Supervisor deems your DPP or DOCD submitted under § 550.266, the Regional Supervisor will use receipted mail or alternative method to send a public information copy of the DPP or DOCD and its accompanying information to the following:
</P>
<P>(1) <I>The Governor of each affected State.</I> The Governor has 60 calendar days after receiving your deemed-submitted DPP or DOCD to submit comments and recommendations. The Regional Supervisor will not consider comments and recommendations received after the deadline.
</P>
<P>(2) <I>The executive of any affected local government who requests a copy.</I> The executive of any affected local government has 60 calendar days after receipt of your deemed-submitted DPP or DOCD to submit comments and recommendations. The Regional Supervisor will not consider comments and recommendations received after the deadline. The executive of any affected local government must forward all comments and recommendations to the respective Governor before submitting them to the Regional Supervisor.
</P>
<P>(3) <I>The CZMA agency of each affected State.</I> The CZMA consistency review period under section 307(c)(3)(B)(ii) of the CZMA (16 U.S.C.1456(c)(3)(B)(ii)) and 15 CFR 930.78 begins when the States CZMA agency receives a copy of your deemed-submitted DPP or DOCD, consistency certification, and required necessary data/information (see 15 CFR 930.77(a)(1)).
</P>
<P>(b) <I>General public.</I> Within 2 working days after the Regional Supervisor deems your DPP or DOCD submitted under § 550.266, the Regional Supervisor will make a public information copy of the DPP or DOCD and its accompanying information available for review to any appropriate interstate regional entity and the public at the appropriate BOEM Regional Public Information Office. Any interested Federal agency or person may submit comments and recommendations to the Regional Supervisor. Comments and recommendations must be received by the Regional Supervisor within 60 calendar days after the DPP or DOCD including its accompanying information is made available.
</P>
<P>(c) <I>BOEM compliance review.</I> The Regional Supervisor will review the development and production activities in your proposed DPP or DOCD to ensure that they conform to the performance standards in § 550.202.
</P>
<P>(d) <I>Amendments.</I> During the review of your proposed DPP or DOCD, the Regional Supervisor may require you, or you may elect, to change your DPP or DOCD. If you elect to amend your DPP or DOCD, the Regional Supervisor may determine that your DPP or DOCD, as amended, is subject to the requirements of § 550.266.


</P>
</DIV8>


<DIV8 N="§ 550.268" NODE="30:2.0.3.5.2.2.225.59" TYPE="SECTION">
<HEAD>§ 550.268   How does BOEM respond to recommendations?</HEAD>
<P>(a) <I>Governor.</I> The Regional Supervisor will accept those recommendations from the Governor that provide a reasonable balance between the National interest and the well-being of the citizens of each affected State. The Regional Supervisor will explain in writing to the Governor the reasons for rejecting any of his or her recommendations.
</P>
<P>(b) <I>Local governments and the public.</I> The Regional Supervisor may accept recommendations from the executive of any affected local government or the public.
</P>
<P>(c) <I>Availability.</I> The Regional Supervisor will make all comments and recommendations available to the public upon request.


</P>
</DIV8>


<DIV8 N="§ 550.269" NODE="30:2.0.3.5.2.2.225.60" TYPE="SECTION">
<HEAD>§ 550.269   How will BOEM evaluate the environmental impacts of the DPP or DOCD?</HEAD>
<P>The Regional Supervisor will evaluate the environmental impacts of the activities described in your proposed DPP or DOCD and prepare environmental documentation under the National Environmental Policy Act (NEPA) (42 U.S.C.4321 <I>et seq.</I>) and the implementing regulations (40 CFR parts 1500 through 1508).
</P>
<P>(a) <I>Environmental impact statement (EIS) declaration.</I> At least once in each OCS planning area (other than the Western and Central GOA Planning Areas), the Director will declare that the approval of a proposed DPP is a major Federal action, and BOEM will prepare an EIS.
</P>
<P>(b) <I>Leases or units in the vicinity.</I> Before or immediately after the Director determines that preparation of an EIS is required, the Regional Supervisor may require lessees and operators of leases or units in the vicinity of the proposed development and production activities for which DPPs have not been approved to submit information about preliminary plans for their leases or units.
</P>
<P>(c) <I>Draft EIS.</I> The Regional Supervisor will send copies of the draft EIS to the Governor of each affected State and to the executive of each affected local government who requests a copy. Additionally, when BOEM prepares a DPP EIS, and the Federally-approved CZMA program for an affected State requires a DPP NEPA document for use in determining consistency, the Regional Supervisor will forward a copy of the draft EIS to the State's CZMA agency. The Regional Supervisor will also make copies of the draft EIS available to any appropriate Federal agency, interstate regional entity, and the public.




</P>
</DIV8>


<DIV8 N="§ 550.270" NODE="30:2.0.3.5.2.2.225.61" TYPE="SECTION">
<HEAD>§ 550.270   What decisions will BOEM make on the DPP or DOCD and within what timeframe?</HEAD>
<P>(a) <I>Timeframe.</I> The Regional Supervisor will act on your deemed-submitted DPP or DOCD as follows:
</P>
<P>(1) The Regional Supervisor will make a decision within 60 calendar days after the latest of the day that:
</P>
<P>(i) The comment period provided in § 550.267(a)(1), (a)(2), and (b) closes;
</P>
<P>(ii) The final EIS for a DPP is released or adopted; or
</P>
<P>(iii) The last amendment to your proposed DOCD is received by the Regional Supervisor.
</P>
<P>(2) Notwithstanding paragraph (a)(1) of this section, BOEM will not approve your DPP or DOCD until either:
</P>
<P>(i) All affected States with approved CZMA programs concur, or have been conclusively presumed to concur, with your DPP or DOCD consistency certification under section 307(c)(3)(B)(i) and (ii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(i) and (ii)); or
</P>
<P>(ii) The Secretary of Commerce has made a finding authorized by section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that each activity described in the DPP or DOCD is consistent with the objectives of the CZMA, or is otherwise necessary in the interest of National security.
</P>
<P>(b) <I>BOEM decision.</I> By the deadline in paragraph (a) of this section, the Regional Supervisor will take one of the following actions:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">The regional supervisor will . . .
</TH><TH class="gpotbl_colhed" scope="col">If . . .
</TH><TH class="gpotbl_colhed" scope="col">And then . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Approve your DPP or DOCD,</TD><TD align="left" class="gpotbl_cell">It complies with all applicable requirements,</TD><TD align="left" class="gpotbl_cell">The Regional Supervisor will notify you in writing of the decision and may require you to meet certain conditions, including those to provide monitoring information.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Require you to modify your proposed DPP or DOCD,</TD><TD align="left" class="gpotbl_cell">It fails to make adequate provisions for safety, environmental protection, or conservation of natural resources or otherwise does not comply with the lease, the Act, the regulations prescribed under the Act, or other Federal laws,</TD><TD align="left" class="gpotbl_cell">The Regional Supervisor will notify you in writing of the decision and describe the modifications you must make to your proposed DPP or DOCD to ensure it complies with all applicable requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Disapprove your DPP or DOCD,</TD><TD align="left" class="gpotbl_cell">Any of the reasons in § 550.271 apply,</TD><TD align="left" class="gpotbl_cell">(i) The Regional Supervisor will notify you in writing of the decision and describe the reason(s) for disapproving your DPP or DOCD; and
<br/>(ii) BOEM may cancel your lease and compensate you under 43 U.S.C. 1351(h)(2)(C) and the implementing regulations in §§ 550.183 through 550.185 and 30 CFR 556.77.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 550.271" NODE="30:2.0.3.5.2.2.225.62" TYPE="SECTION">
<HEAD>§ 550.271   For what reasons will BOEM disapprove the DPP or DOCD?</HEAD>
<P>The Regional Supervisor will disapprove your proposed DPP or DOCD if one of the four reasons in this section applies:
</P>
<P>(a) <I>Non-compliance.</I> The Regional Supervisor determines that you have failed to demonstrate that you can comply with the requirements of the Outer Continental Shelf Lands Act, as amended (Act), implementing regulations, or other applicable Federal laws.
</P>
<P>(b) <I>No consistency concurrence.</I> (1) An affected State has not yet issued a final decision on your coastal zone consistency certification (see 15 CFR 930.78(a)); or
</P>
<P>(2) An affected State objects to your coastal zone consistency certification, and the Secretary of Commerce, under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)), has not found that each activity described in the DPP or DOCD is consistent with the objectives of the CZMA or is otherwise necessary in the interest of National security.
</P>
<P>(3) If the Regional Supervisor disapproved your DPP or DOCD for the sole reason that an affected State either has not yet issued a final decision on, or has objected to, your coastal zone consistency certification (see paragraphs (b)(1) and (2) in this section), the Regional Supervisor will approve your DPP or DOCD upon receipt of concurrence by the affected State, at the time concurrence of the affected State is conclusively presumed, or when the Secretary of Commerce makes a finding authorized by section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that each activity described in your DPP or DOCD is consistent with the objectives of the CZMA, or is otherwise necessary in the interest of National security. In that event, you do not need to resubmit your DPP or DOCD for approval under § 550.273(b).
</P>
<P>(c) <I>National security or defense conflicts.</I> Your proposed activities would threaten National security or defense.
</P>
<P>(d) <I>Exceptional circumstances.</I> The Regional Supervisor determines because of exceptional geological conditions, exceptional resource values in the marine or coastal environment, or other exceptional circumstances that all of the following apply:
</P>
<P>(1) Implementing your DPP or DOCD would cause serious harm or damage to life (including fish and other aquatic life), property, any mineral deposits (in areas leased or not leased), the National security or defense, or the marine, coastal, or human environment;
</P>
<P>(2) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and
</P>
<P>(3) The advantages of disapproving your DPP or DOCD outweigh the advantages of development and production.


</P>
</DIV8>


<DIV8 N="§ 550.272" NODE="30:2.0.3.5.2.2.225.63" TYPE="SECTION">
<HEAD>§ 550.272   If a State objects to the DPP's or DOCD's coastal zone consistency certification, what can I do?</HEAD>
<P>If an affected State objects to the coastal zone consistency certification accompanying your proposed or disapproved DPP or DOCD, you may do one of the following:
</P>
<P>(a) <I>Amend or resubmit your DPP or DOCD.</I> Amend or resubmit your DPP or DOCD to accommodate the State's objection and submit the amendment or resubmittal to the Regional Supervisor for approval. The amendment or resubmittal needs to only address information related to the State's objections.
</P>
<P>(b) <I>Appeal.</I> Appeal the State's objection to the Secretary of Commerce using the procedures in 15 CFR part 930, subpart H. The Secretary of Commerce will either:
</P>
<P>(1) Grant your appeal by finding under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C.1456(c)(3)(B)(iii)) that each activity described in detail in your DPP or DOCD is consistent with the objectives of the CZMA, or is otherwise necessary in the interest of National security; or
</P>
<P>(2) Deny your appeal, in which case you may amend or resubmit your DPP or DOCD, as described in paragraph (a) of this section.
</P>
<P>(c) <I>Withdraw your DPP or DOCD.</I> Withdraw your DPP or DOCD if you decide not to conduct your proposed development and production activities.


</P>
</DIV8>


<DIV8 N="§ 550.273" NODE="30:2.0.3.5.2.2.225.64" TYPE="SECTION">
<HEAD>§ 550.273   How do I submit a modified DPP or DOCD or resubmit a disapproved DPP or DOCD?</HEAD>
<P>(a) <I>Modified DPP or DOCD.</I> If the Regional Supervisor requires you to modify your proposed DPP or DOCD under § 550.270(b)(2), you must submit the modification(s) to the Regional Supervisor in the same manner as for a new DPP or DOCD. You need submit only information related to the proposed modification(s).
</P>
<P>(b) <I>Resubmitted DPP or DOCD.</I> If the Regional Supervisor disapproves your DPP or DOCD under § 550.270(b)(3), and except as provided in § 550.271(b)(3), you may resubmit the disapproved DPP or DOCD if there is a change in the conditions that were the basis of its disapproval.
</P>
<P>(c) <I>BOEM review and timeframe.</I> The Regional Supervisor will use the performance standards in § 550.202 to either approve, require you to further modify, or disapprove your modified or resubmitted DPP or DOCD. The Regional Supervisor will make a decision within 60 calendar days after the Regional Supervisor deems your modified or resubmitted DPP or DOCD to be submitted, or receives the last amendment to your modified or resubmitted DPP or DOCD, whichever occurs later.


</P>
</DIV8>

</DIV7>


<DIV7 N="226" NODE="30:2.0.3.5.2.2.226" TYPE="SUBJGRP">
<HEAD>Post-Approval Requirements for the EP, DPP, and DOCD</HEAD>


<DIV8 N="§ 550.280" NODE="30:2.0.3.5.2.2.226.65" TYPE="SECTION">
<HEAD>§ 550.280   How must I conduct activities under the approved EP, DPP, or DOCD?</HEAD>
<P>(a) <I>Compliance.</I> You must conduct all of your lease and unit activities according to your approved EP, DPP, or DOCD and any approval conditions. If you fail to comply with your approved EP, DPP, or DOCD:
</P>
<P>(1) You may be subject to BOEM enforcement action, including civil penalties; and
</P>
<P>(2) The lease(s) involved in your EP, DPP, or DOCD may be forfeited or cancelled under 43 U.S.C. 1334(c) or (d). If this happens, you will not be entitled to compensation under § 550.185(b) and 30 CFR 556.77.
</P>
<P>(b) <I>Emergencies.</I> Nothing in this subpart or in your approved EP, DPP, or DOCD relieves you of, or limits your responsibility to take appropriate measures to meet emergency situations. In an emergency situation, the Regional Supervisor may approve or require departures from your approved EP, DPP, or DOCD.


</P>
</DIV8>


<DIV8 N="§ 550.281" NODE="30:2.0.3.5.2.2.226.66" TYPE="SECTION">
<HEAD>§ 550.281   What must I do to conduct activities under the approved EP, DPP, or DOCD?</HEAD>
<P>(a) <I>Approvals and permits.</I> Before you conduct activities under your approved EP, DPP, or DOCD you must obtain the following approvals and or permits, as applicable, from the District Manager or BSEE Regional Supervisor:
</P>
<P>(1) Approval of applications for permits to drill (APDs) (see 30 CFR 250.410);
</P>
<P>(2) Approval of production safety systems (see 30 CFR 250.800);
</P>
<P>(3) Approval of new platforms and other structures (or major modifications to platforms and other structures) (see 30 CFR 250.905);
</P>
<P>(4) Approval of applications to install lease term pipelines (see 30 CFR 250.1007); and
</P>
<P>(5) Other permits, as required by applicable law.
</P>
<P>(b) <I>Conformance.</I> The activities proposed in these applications and permits must conform to the activities described in detail in your approved EP, DPP, or DOCD.
</P>
<P>(c) <I>Separate State CZMA consistency review.</I> APDs, and other applications for licenses, approvals, or permits to conduct activities under your approved EP, DPP, or DOCD including those identified in paragraph (a) of this section, are not subject to separate State CZMA consistency review.
</P>
<P>(d) <I>Approval restrictions for permits for activities conducted under EPs.</I> The Regional Supervisor will not approve any APDs or other applications for licenses, approvals, or permits under your approved EP until either:
</P>
<P>(1) All affected States with approved coastal zone management programs concur, or are conclusively presumed to concur, with the coastal zone consistency certification accompanying your EP under section 307(c)(3)(B)(i) and (ii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(i) and (ii)); or
</P>
<P>(2) The Secretary of Commerce finds, under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C.1456(c)(3)(B)(iii)) that each activity covered by the EP is consistent with the objectives of the CZMA or is otherwise necessary in the interest of National security;
</P>
<P>(3) If an affected State objects to the coastal zone consistency certification accompanying your approved EP after BOEM has approved your EP, you may either:
</P>
<P>(i) Revise your EP to accommodate the State's objection and submit the revision to the Regional Supervisor for approval; or
</P>
<P>(ii) Appeal the State's objection to the Secretary of Commerce using the procedures in 15 CFR part 930, subpart H. The Secretary of Commerce will either:
</P>
<P>(A) Grant your appeal by making the finding described in paragraph (d)(2) of this section; or
</P>
<P>(B) Deny your appeal, in which case you may revise your EP as described in paragraph (d)(3)(i) of this section.


</P>
</DIV8>


<DIV8 N="§ 550.282" NODE="30:2.0.3.5.2.2.226.67" TYPE="SECTION">
<HEAD>§ 550.282   Do I have to conduct post-approval monitoring?</HEAD>
<P>After approving your EP, DPP, or DOCD, the Regional Supervisor may direct you to conduct monitoring programs, including monitoring in accordance with the ESA and the MMPA. You must retain copies of all monitoring data obtained or derived from your monitoring programs and make them available to the BOEM upon request. The Regional Supervisor may require you to:
</P>
<P>(a) <I>Monitoring plans.</I> Submit monitoring plans for approval before you begin the work; and
</P>
<P>(b) <I>Monitoring reports.</I> Prepare and submit reports that summarize and analyze data and information obtained or derived from your monitoring programs. The Regional Supervisor will specify requirements for preparing and submitting these reports.


</P>
</DIV8>


<DIV8 N="§ 550.283" NODE="30:2.0.3.5.2.2.226.68" TYPE="SECTION">
<HEAD>§ 550.283   When must I revise or supplement the approved EP, DPP, or DOCD?</HEAD>
<P>(a) <I>Revised OCS plans.</I> You must revise your approved EP, DPP, or DOCD when you propose to:
</P>
<P>(1) Change the type of drilling rig (e.g., jack-up, platform rig, barge, submersible, semisubmersible, or drillship), production facility (e.g., caisson, fixed platform with piles, tension leg platform), or transportation mode (e.g., pipeline, barge);
</P>
<P>(2) Change the surface location of a well or production platform by a distance more than that specified by the Regional Supervisor;
</P>
<P>(3) Change the type of production or significantly increase the volume of production or storage capacity;
</P>
<P>(4) Increase the emissions of an criteria air pollutant, VOC, or TSP to an amount that exceeds the amount specified in your approved EP, DPP, or DOCD;
</P>
<P>(5) Significantly increase the amount of solid or liquid wastes to be handled or discharged;
</P>
<P>(6) Request a new H<E T="52">2</E>S area classification, or increase the concentration of H<E T="52">2</E>S to a concentration greater than that specified by the Regional Supervisor;
</P>
<P>(7) Change the location of your onshore support base either from one State to another or to a new base or a base requiring expansion; or
</P>
<P>(8) Change any other activity specified by the Regional Supervisor.
</P>
<P>(b) <I>Supplemental OCS plans.</I> You must supplement your approved EP, DPP, or DOCD when you propose to conduct activities on your lease(s) or unit that require approval of a license or permit which is not described in your approved EP, DPP, or DOCD. These types of changes are called supplemental OCS plans.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 85 FR 34936, June 5, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 550.284" NODE="30:2.0.3.5.2.2.226.69" TYPE="SECTION">
<HEAD>§ 550.284   How will BOEM require revisions to the approved EP, DPP, or DOCD?</HEAD>
<P>(a) <I>Periodic review.</I> The Regional Supervisor will periodically review the activities you conduct under your approved EP, DPP, or DOCD and may require you to submit updated information on your activities. The frequency and extent of this review will be based on the significance of any changes in available information and onshore or offshore conditions affecting, or affected by, the activities in your approved EP, DPP, or DOCD.
</P>
<P>(b) <I>Results of review.</I> The Regional Supervisor may require you to revise your approved EP, DPP, or DOCD based on this review. In such cases, the Regional Supervisor will inform you of the reasons for the decision.


</P>
</DIV8>


<DIV8 N="§ 550.285" NODE="30:2.0.3.5.2.2.226.70" TYPE="SECTION">
<HEAD>§ 550.285   How do I submit revised and supplemental EPs, DPPs, and DOCDs?</HEAD>
<P>(a) <I>Submittal.</I> You must submit to the Regional Supervisor any revisions and supplements to approved EPs, DPPs, or DOCDs for approval, whether you initiate them or the Regional Supervisor orders them.
</P>
<P>(b) <I>Information.</I> Revised and supplemental EPs, DPPs, and DOCDs need include only information related to or affected by the proposed changes, including information on changes in expected environmental impacts.
</P>
<P>(c) <I>Procedures.</I> All supplemental EPs, DPPs, and DOCDs, and those revised EPs, DPPs, and DOCDs that the Regional Supervisor determines are likely to result in a significant change in the impacts previously identified and evaluated, are subject to all of the procedures under §§ 550.231 through 550.235 for EPs and §§ 550.266 through 550.273 for DPPs and DOCDs.


</P>
</DIV8>


<DIV8 N="§§ 550.286-550.295" NODE="30:2.0.3.5.2.2.226.71" TYPE="SECTION">
<HEAD>§§ 550.286-550.295   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="227" NODE="30:2.0.3.5.2.2.227" TYPE="SUBJGRP">
<HEAD>Conservation Information Documents (CID)</HEAD>


<DIV8 N="§ 550.296" NODE="30:2.0.3.5.2.2.227.72" TYPE="SECTION">
<HEAD>§ 550.296   When and how must I submit a CID or a revision to a CID?</HEAD>
<P>(a) You must submit one original and two copies of a CID to the appropriate OCS Region at the same time you first submit your DOCD or DPP for any development of a lease or leases located in water depths greater than 400 meters (1,312 feet). You must also submit a CID for a Supplemental DOCD or DPP when requested by the Regional Supervisor. The submission of your CID must be accompanied by payment of the service fee listed in § 550.125.
</P>
<P>(b) If you decide not to develop a reservoir you committed to develop in your CID, you must submit one original and two copies of a revision to the CID to the appropriate OCS Region. The revision to the CID must be submitted within 14 calendar days after making your decision not to develop the reservoir and before the reservoir is bypassed. The Regional Supervisor will approve or disapprove any such revision to the original CID. If the Regional Supervisor disapproves the revision, you must develop the reservoir as described in the original CID.


</P>
</DIV8>


<DIV8 N="§ 550.297" NODE="30:2.0.3.5.2.2.227.73" TYPE="SECTION">
<HEAD>§ 550.297   What information must a CID contain?</HEAD>
<P>(a) You must base the CID on wells drilled before your CID submittal that define the extent of the reservoirs. You must notify BOEM of any well that is drilled to total depth during the CID evaluation period and you may be required to update your CID.
</P>
<P>(b) You must include all of the following information if available. Information must be provided for each hydrocarbon-bearing reservoir that is penetrated by a well that would meet the producibility requirements of § 550.115 or § 550.116:
</P>
<P>(1) General discussion of the overall development of the reservoir;
</P>
<P>(2) Summary spreadsheets of well log data and reservoir parameters (<I>i.e.,</I> sand tops and bases, fluid contacts, net pay, porosity, water saturations, pressures, formation volume factor);
</P>
<P>(3) Appropriate well logs, including digital well log (<I>i.e.,</I> gamma ray, resistivity, neutron, density, sonic, caliper curves) curves in an acceptable digital format;
</P>
<P>(4) Sidewall core/whole core and pressure-volume-temperature analysis;
</P>
<P>(5) Structure maps, with the existing and proposed penetration points and subsea depths for all wells penetrating the reservoirs, fluid contacts (or the lowest or highest known levels in the absence of actual contacts), reservoir boundaries, and the scale of the map;
</P>
<P>(6) Interpreted structural cross sections and corresponding interpreted seismic lines or block diagrams, as necessary, that include all current wellbores and planned wellbores on the leases or units to be developed, the reservoir boundaries, fluid contacts, depth scale, stratigraphic positions, and relative biostratigraphic ages;
</P>
<P>(7) Isopach maps of each reservoir showing the net feet of pay for each well within the reservoir identified at the penetration point, along with the well name, labeled contours, and scale;
</P>
<P>(8) Estimates of original oil and gas in-place and anticipated recoverable oil and gas reserves, all reservoir parameters, and risk factors and assumptions;
</P>
<P>(9) Plat map at the same scale as the structure maps with existing and proposed well paths, as well as existing and proposed penetrations;
</P>
<P>(10) Wellbore schematics indicating proposed perforations;
</P>
<P>(11) Proposed wellbore utility chart showing all existing and proposed wells, with proposed completion intervals indicated for each borehole;
</P>
<P>(12) Appropriate pressure data, specified by date, and whether estimated or measured;
</P>
<P>(13) Description of reservoir development strategies;
</P>
<P>(14) Description of the enhanced recovery practices you will use or, if you do not plan to use such practices, an explanation of the methods you considered and reasons you do not intend to use them;
</P>
<P>(15) For each reservoir you do not intend to develop:
</P>
<P>(i) A statement explaining the reason(s) you will not develop the reservoir, and
</P>
<P>(ii) Economic justification, including costs, recoverable reserve estimate, production profiles, and pricing assumptions; and
</P>
<P>(16) Any other appropriate data you used in performing your reservoir evaluations and preparing your reservoir development strategies.


</P>
</DIV8>


<DIV8 N="§ 550.298" NODE="30:2.0.3.5.2.2.227.74" TYPE="SECTION">
<HEAD>§ 550.298   How long will BOEM take to evaluate and make a decision on the CID?</HEAD>
<P>(a) The Regional Supervisor will make a decision within 150 calendar days of receiving your CID. If BOEM does not act within 150 calendar days, your CID is considered approved.
</P>
<P>(b) BOEM may suspend the 150-calendar-day evaluation period if there is missing, inconclusive, or inaccurate data, or when a well reaches total depth during the evaluation period. BOEM may also suspend the evaluation period when a well penetrating a hydrocarbon-bearing structure reaches total depth during the evaluation period and the data from that well is needed for the CID. You will receive written notification from the Regional Supervisor describing the additional information that is needed, and the evaluation period will resume once BOEM receives the requested information.
</P>
<P>(c) The Regional Supervisor will approve or deny your CID request based on your commitment to develop economically producible reservoirs according to sound conservation, engineering, and economic practices.


</P>
</DIV8>


<DIV8 N="§ 550.299" NODE="30:2.0.3.5.2.2.227.75" TYPE="SECTION">
<HEAD>§ 550.299   What operations require approval of the CID?</HEAD>
<P>You may not begin production before you receive BOEM approval of the CID.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.2.3" TYPE="SUBPART">
<HEAD>Subpart C—Pollution Prevention and Control</HEAD>


<DIV8 N="§§ 550.300-550.301" NODE="30:2.0.3.5.2.3.228.1" TYPE="SECTION">
<HEAD>§§ 550.300-550.301   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 550.302" NODE="30:2.0.3.5.2.3.228.2" TYPE="SECTION">
<HEAD>§ 550.302   Definitions concerning air quality.</HEAD>
<P>For purposes of §§ 550.303 and 550.304 of this part:
</P>
<P><I>Attainment area</I> means, for any criteria air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator of EPA to be reliable) not to exceed any primary or secondary ambient air quality standards established by EPA.
</P>
<P><I>Best available control technology (BACT)</I> means an emission limitation based on the maximum degree of reduction for each criteria air pollutant and VOC subject to regulation, taking into account energy, environmental and economic impacts, and other costs. The BACT shall be verified on a case-by-case basis by the Regional Supervisor and may include reductions achieved through the application of processes, systems, and techniques for the control of each criteria air pollutant and VOC.
</P>
<P><I>Criteria air pollutant</I> means any air pollutant for which the EPA has established a primary or secondary national ambient air quality standard pursuant to section 109 of the Clean Air Act.
</P>
<P><I>Emission exemption threshold</I> (EET) means the rate of projected emissions, calculated for a criteria air pollutant or VOC or TSP, above which a facility would be subject to the requirements of § 550.303(e) through (i) or § 550.304(b) through (e).
</P>
<P><I>Emission offsets</I> mean emission reductions obtained from facilities, either onshore or offshore, other than the facility or facilities covered by the proposed Exploration Plan (EP), Development and Production Plan (DPP), or Development Operations Coordination Document (DOCD).
</P>
<P><I>Existing facility,</I> as used in § 550.303, means an OCS facility described in an Exploration Plan, a Development and Production Plan, or a Development Operations Coordination Document approved before June 2, 1980.
</P>
<P><I>Facility</I> means any installation or device permanently or temporarily attached to the seabed which is used for exploration, development, and production activities for oil, gas, or sulphur and which emits or has the potential to emit any air pollutant from one or more sources. All equipment directly associated with the installation or device shall be considered part of a single facility if the equipment is dependent on, or affects the processes of, the installation or device. During production, multiple installations or devices will be considered to be a single facility if the installations or devices are directly related to the production of oil, gas, or sulphur at a single site. Any vessel used to transfer production from an offshore facility shall be considered part of the facility while physically attached to it.
</P>
<P><I>National Ambient Air Quality Standard</I> (NAAQS) means a national air quality standard for any given criteria air pollutant, established pursuant to section 109 of the Clean Air Act.
</P>
<P><I>Nonattainment area</I> means, for any criteria air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator of EPA to be reliable) to exceed any primary or secondary ambient air quality standard established by EPA.
</P>
<P><I>Projected emissions</I> mean emissions, either controlled or uncontrolled, from a source(s).
</P>
<P><I>Source</I> means an emission point. Several sources may be included within a single facility.
</P>
<P><I>Temporary facility</I> means activities associated with the construction of platforms offshore or with facilities related to exploration for or development of offshore oil and gas resources which are conducted in one location for less than 3 years.
</P>
<P><I>Volatile organic compound (VOC)</I> means any organic compound that is emitted to the atmosphere as a vapor. Unreactive compounds are excluded from the preceding sentence of this definition.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 85 FR 34936, June 5, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 550.303" NODE="30:2.0.3.5.2.3.228.3" TYPE="SECTION">
<HEAD>§ 550.303   Facilities described in a new or revised Exploration Plan, Development and Production Plan, or Development Operations Coordination Document.</HEAD>
<P>(a) <I>New plans.</I> All Exploration Plans, Development and Production Plans, and Development Operations Coordination Documents shall include the information required to make the necessary findings under paragraphs (d) through (i) of this section, and the lessee shall comply with the requirements of this section as necessary.
</P>
<P>(b) <I>Applicability of § 550.303 to existing facilities.</I> (1) The Regional Supervisor may review any Exploration Plan, Development and Production Plan, or Development Operations Coordination Document to determine whether any facility described in the plan should be subject to review under this section and has the potential to significantly affect the air quality of an onshore area. To make these decisions, the Regional Supervisor shall consider the distance of the facility from shore, the size of the facility, the number of sources planned for the facility and their operational status, and the air quality status of the onshore area.
</P>
<P>(2) For a facility identified by the Regional Supervisor in paragraph (b)(1) of this section, the Regional Supervisor shall require the lessee to refer to the information required in § 550.218 or § 550.249 of this part and to submit only that information required to make the necessary findings under paragraphs (d) through (i) of this section. The lessee shall submit this information within 120 days of the Regional Supervisor's determination or within a longer period of time at the discretion of the Regional Supervisor. The lessee shall comply with the requirements of this section as necessary.
</P>
<P>(c) <I>Revised facilities.</I> All revised Exploration Plans, Development and Production Plans, and Development Operations Coordination Documents shall include the information required to make the necessary findings under paragraphs (d) through (i) of this section. The lessee shall comply with the requirements of this section as necessary.
</P>
<P>(d) <I>Exemption formulas.</I> To determine whether a facility described in an initial, modified, supplemental, or revised Exploration Plan, Development and Production Plan, or Development Operations Coordination Document is exempt from further air quality review, the lessee must use the highest annual-total amount of emissions from the facility calculated for each criteria air pollutant, VOC, and TSP listed in § 550.249(a) or § 550.218(a) and compare these emissions to the emission exemption threshold (EET) calculated using the following formulas: EET = 3400*D<E T="51">2/3</E> for carbon monoxide (CO); and EET = 33.3*D for total suspended particulates (TSP), sulfur dioxide (SO<E T="52">2</E>), nitrogen oxides (NO<E T="52">X</E>), utilizing NO<E T="52">2</E> as the indicator pollutant for NO<E T="52">X,</E> and VOC (where EET is the emission exemption threshold expressed in short tons per year, and D is the distance of the proposed facility from the closest onshore area of a State expressed in statute miles). If the amount of these projected emissions is less than or equal to the emission exemption threshold (EET) for the corresponding criteria air pollutant, VOC, and TSP, the facility is exempt from further air quality review required under paragraphs (e) through (i) of this section.
</P>
<P>(e) <I>Significance levels (SLs).</I> (1) For a facility not exempt under paragraph (d) of this section, the lessee must use a BOEM approved air quality model to determine whether projected emissions from the facility result in an onshore ambient air concentration above any SL set forth in the following table:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1 to Paragraph <E T="01">(e)(1)</E>—Significance Levels (SLs)
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col"> 
</TH><TH class="gpotbl_colhed" colspan="5" scope="col">Averaging time
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">1 hour
<br/>(mg/m
<sup>3</sup>)
</TH><TH class="gpotbl_colhed" scope="col">3 hour
<br/>(µg/m
<sup>3</sup>)
</TH><TH class="gpotbl_colhed" scope="col">8 hour
<br/>(mg/m
<sup>3</sup>)
</TH><TH class="gpotbl_colhed" scope="col">24 hour
<br/>(µg/m
<sup>3</sup>)
</TH><TH class="gpotbl_colhed" scope="col">Annual
<br/>(µg/m
<sup>3</sup>)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Criteria Air Pollutant:
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Sulfur Dioxide</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">25.0</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">5.0</TD><TD align="right" class="gpotbl_cell">1.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">PM<E T="0732">10</E></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">5.0</TD><TD align="right" class="gpotbl_cell">1.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">PM<E T="52">2.5</E></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">1.2</TD><TD align="right" class="gpotbl_cell">0.3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Nitrogen Dioxide 
<sup>1</sup></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">1.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">Carbon Monoxide</TD><TD align="right" class="gpotbl_cell">2.0</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell">0.5</TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"/></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> NO<E T="0732">2</E> is the indicator pollutant for NO<E T="0732">X</E>.</P></DIV></DIV>
<P>(2) In the event that the emissions of TSP exceed the EET for TSP, the lessee must use a BOEM approved air quality model to determine whether the projected emissions from the facility result in an onshore ambient air concentration above the SL for either PM<E T="52">10</E> or PM<E T="52">2.5</E>.
</P>
<P>(f) <I>Significance determinations.</I> (1) The projected emissions of any criteria air pollutant from any facility that result in an onshore ambient air concentration above a SL determined under paragraph (e) of this section for that criteria air pollutant will be deemed to significantly affect the air quality of the onshore area for that criteria air pollutant.
</P>
<P>(2) The projected emissions of VOC from any facility which is not exempt under paragraph (d) of this section will be deemed to significantly affect the air quality of the onshore area for VOC.
</P>
<P>(g) <I>Controls required.</I> (1) The projected emissions of any criteria air pollutant from any facility, except a temporary facility, which significantly affect the quality of a nonattainment area, shall be fully reduced. This shall be done through the application of BACT and, if additional reductions are necessary, through the application of additional emission controls or through the acquisition of offshore or onshore offsets.
</P>
<P>(2) The projected emissions of any criteria air pollutant from any facility which significantly affect the air quality of an attainment or unclassifiable area shall be reduced through the application of BACT.
</P>
<P>(i)(A) Except for temporary facilities, the lessee also shall use an approved air quality model to determine whether the emissions of TSP or SO<E T="52">2</E> that remain after the application of BACT cause the following maximum allowable increases over the baseline concentrations established in 40 CFR 52.21 to be exceeded in the attainment or unclassifiable area:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Maximum Allowable Concentration Increases
</P><P class="gpotbl_description">[µg/m
<sup>3</sup>]
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Air pollutant
</TH><TH class="gpotbl_colhed" colspan="3" scope="col">Averaging times
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Annual mean 
<sup>1</sup>
</TH><TH class="gpotbl_colhed" scope="col">24-hour
<br/>maximum
</TH><TH class="gpotbl_colhed" scope="col">3-hour
<br/>maximum
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Class I:
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">TSP</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">10
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">SO<E T="52">2</E></TD><TD align="right" class="gpotbl_cell">2</TD><TD align="right" class="gpotbl_cell">5</TD><TD align="right" class="gpotbl_cell">25
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Class II:
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">TSP</TD><TD align="right" class="gpotbl_cell">19</TD><TD align="right" class="gpotbl_cell">37
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">SO<E T="52">2</E></TD><TD align="right" class="gpotbl_cell">20</TD><TD align="right" class="gpotbl_cell">91</TD><TD align="right" class="gpotbl_cell">512
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Class III:
</TD><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">TSP</TD><TD align="right" class="gpotbl_cell">37</TD><TD align="right" class="gpotbl_cell">75
</TD><TD align="right" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">SO<E T="52">2</E></TD><TD align="right" class="gpotbl_cell">40</TD><TD align="right" class="gpotbl_cell">182</TD><TD align="right" class="gpotbl_cell">700
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> For TSP—geometric; For SO<E T="52">2</E>—arithmetric.</P></DIV></DIV>
<P>(B) No concentration of an criteria air pollutant shall exceed the concentration permitted under the national secondary ambient air quality standard or the concentration permitted under the national primary air quality standard, whichever concentration is lowest for the criteria air pollutant for the period of exposure. For any period other than the annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one onshore location.
</P>
<P>(ii) If the maximum allowable increases are exceeded, the lessee shall apply whatever additional emission controls are necessary to reduce or offset the remaining emissions of TSP or SO<E T="52">2</E> so that concentrations in the onshore ambient air of an attainment or unclassifiable area do not exceed the maximum allowable increases.
</P>
<P>(3)(i) The projected emissions of VOC from any facility, except a temporary facility, which significantly affect the onshore air quality of a nonattainment area shall be fully reduced. This shall be done through the application of BACT and, if additional reductions are necessary, through the application of additional emission controls or through the acquisition of offshore or onshore offsets.
</P>
<P>(ii) The projected emissions of VOC from any facility which significantly affect the onshore air quality of an attainment area shall be reduced through the application of BACT.
</P>
<P>(4)(i) If projected emissions from a facility significantly affect the onshore air quality of both a nonattainment and an attainment or unclassifiable area, the regulatory requirements applicable to projected emissions significantly affecting a nonattainment area shall apply.
</P>
<P>(ii) If projected emissions from a facility significantly affect the onshore air quality of more than one class of attainment area, the lessee must reduce projected emissions to meet the maximum allowable increases specified for each class in paragraph (g)(2)(i) of this section.
</P>
<P>(h) <I>Controls required on temporary facilities.</I> The lessee must apply BACT to reduce projected emissions of any criteria air pollutant or VOC from a temporary facility that significantly affect the air quality of an onshore area of a State.
</P>
<P>(i) <I>Emission offsets.</I> When emission offsets are to be obtained, the lessee must demonstrate that the offsets are equivalent in nature and quantity to the projected emissions that must be reduced after the application of BACT; a binding commitment exists between the lessee and the owner or owners of the source or sources; the appropriate air quality control jurisdiction has been notified of the need to revise the State Implementation Plan to include the information regarding the offsets; and the required offsets come from sources which affect the air quality of the area significantly affected by the lessee's offshore operations.
</P>
<P>(j) <I>Review of facilities with emissions below the emission exemption thresholds.</I> If, during the review of a new, modified, or revised Exploration Plan, Development and Production Plan, or Development Operations Coordination Document, the Regional Supervisor determines or an affected State submits information to the Regional Supervisor which demonstrates, in the judgment of the Regional Supervisor, that projected emissions from an otherwise exempt facility will, either individually or in combination with other facilities in the area, significantly affect the air quality of an onshore area, then the Regional Supervisor shall require the lessee to submit additional information to determine whether emission control measures are necessary. The lessee shall be given the opportunity to present information to the Regional Supervisor which demonstrates that the exempt facility is not significantly affecting the air quality of an onshore area of the State.
</P>
<P>(k) <I>Emission monitoring requirements.</I> The lessee shall monitor, in a manner approved or prescribed by the Regional Supervisor, emissions from the facility. The lessee shall submit this information monthly in a manner and form approved or prescribed by the Regional Supervisor.
</P>
<P>(l) <I>Collection of meteorological data.</I> The Regional Supervisor may require the lessee to collect, for a period of time and in a manner approved or prescribed by the Regional Supervisor, and submit meteorological data from a facility.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 85 FR 34937, June 5, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 550.304" NODE="30:2.0.3.5.2.3.228.4" TYPE="SECTION">
<HEAD>§ 550.304   Existing facilities.</HEAD>
<P>(a) <I>Process leading to review of an existing facility.</I> (1) An affected State may request that the Regional Supervisor supply basic emission data from existing facilities when such data are needed for the updating of the State's emission inventory. In submitting the request, the State must demonstrate that similar offshore and onshore facilities in areas under the State's jurisdiction are also included in the emission inventory.
</P>
<P>(2) The Regional Supervisor may require lessees of existing facilities to submit basic emission data to a State submitting a request under paragraph (a)(1) of this section.
</P>
<P>(3) The State submitting a request under paragraph (a)(1) of this section may submit information from its emission inventory which indicates that emissions from existing facilities may be significantly affecting the air quality of the onshore area of the State. The lessee shall be given the opportunity to present information to the Regional Supervisor which demonstrates that the facility is not significantly affecting the air quality of the State.
</P>
<P>(4) The Regional Supervisor shall evaluate the information submitted under paragraph (a)(3) of this section and shall determine, based on the basic emission data, available meteorological data, and the distance of the facility or facilities from the onshore area, whether any existing facility has the potential to significantly affect the air quality of the onshore area of the State.
</P>
<P>(5) If the Regional Supervisor determines that no existing facility has the potential to significantly affect the air quality of the onshore area of the State submitting information under paragraph (a)(3) of this section, the Regional Supervisor shall notify the State of and explain the reasons for this finding.
</P>
<P>(6) If the Regional Supervisor determines that an existing facility has the potential to significantly affect the air quality of an onshore area of the State submitting information under paragraph (a)(3) of this section, the Regional Supervisor shall require the lessee to refer to the information requirements under § 550.218 or § 550.249 of this part and submit only that information required to make the necessary findings under paragraphs (b) through (e) of this section. The lessee shall submit this information within 120 days of the Regional Supervisor's determination or within a longer period of time at the discretion of the Regional Supervisor. The lessee shall comply with the requirements of this section as necessary.
</P>
<P>(b) <I>Exemption formulas.</I> To determine whether an existing facility is exempt from further air quality review, the lessee must use the highest annual-total amount of emissions from the facility calculated for each criteria air pollutant, VOC, and TSP listed in § 550.249(a) or § 550.218(a) and compare these emissions to the emission exemption threshold (EET) calculated using the following formulas: EET = 3400*D<E T="51">2/3</E> for carbon monoxide (CO); and EET = 33.3*D for total suspended particulates (TSP), sulfur dioxide (SO<E T="52">2</E>), nitrogen oxides (NO<E T="52">X</E>), utilizing NO<E T="52">2</E> as the indicator pollutant for NO<E T="52">X</E> and VOC (where EET is the emission exemption threshold expressed in short tons per year, and D is the distance of the proposed facility from the closest onshore area of a State expressed in statute miles). If the amount of these projected emissions is less than or equal to the emission exemption threshold (EET) for the corresponding criteria air pollutant, VOC, and TSP, the facility is exempt from further air quality review required under paragraphs (c) through (e) of this section.
</P>
<P>(c) <I>Significance levels.</I> For a facility not exempt under paragraph (b) of this section, the lessee must use a BOEM approved air quality model to determine whether the projected emissions from the facility result in an onshore ambient air concentration above any SL set forth in § 550.303(e). In the event that the emissions of TSP exceed the EET for TSP, the lessee must use a BOEM approved air quality model to determine whether the projected emissions from the facility result in an onshore ambient air concentration above the SL for either PM<E T="52">10</E> or PM<E T="52">2.5.</E>
</P>
<P>(d) <I>Significance determinations.</I> (1) The projected emissions of any criteria air pollutant from any facility that result in an onshore ambient air concentration above an SL determined under paragraph (c) of this section for that criteria air pollutant, will be deemed to significantly affect the air quality of the onshore area for that criteria air pollutant.
</P>
<P>(2) The projected emissions of VOC from any facility, which is not exempt under paragraph (b) of this section, will be deemed to significantly affect the air quality of the onshore area for VOC.
</P>
<P>(e) <I>Controls required.</I> (1) The projected emissions of any criteria air pollutant or VOC that significantly affect the air quality of an onshore area must be reduced through the application of BACT.
</P>
<P>(2) The lessee shall submit a compliance schedule for the application of BACT. If it is necessary to cease operations to allow for the installation of emission controls, the lessee may apply for a suspension of operations under the provisions of 30 CFR 250.174.
</P>
<P>(f) <I>Review of facilities with emissions below the emission exemption thresholds.</I> If, during the review of the information required under paragraph (a)(6) of this section, the Regional Supervisor determines or an affected State submits information to the Regional Supervisor which demonstrates, in the judgment of the Regional Supervisor, that projected emissions from an otherwise exempt facility will, either individually or in combination with other facilities in the area, significantly affect the air quality of an onshore area, then the Regional Supervisor shall require the lessee to submit additional information to determine whether control measures are necessary. The lessee shall be given the opportunity to present information to the Regional Supervisor which demonstrates that the exempt facility is not significantly affecting the air quality of an onshore area of the State.
</P>
<P>(g) <I>Emission monitoring requirements.</I> The lessee shall monitor, in a manner approved or prescribed by the Regional Supervisor, emissions from the facility following the installation of emission controls. The lessee shall submit this information monthly in a manner and form approved or prescribed by the Regional Supervisor.
</P>
<P>(h) <I>Collection of meteorological data.</I> The Regional Supervisor may require the lessee to collect, for a period of time and in a manner approved or prescribed by the Regional Supervisor, and submit meteorological data from a facility.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 85 FR 34937, June 5, 2020]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.3.5.2.4" TYPE="SUBPART">
<HEAD>Subpart D—Leasing Maps and Diagrams</HEAD>


<DIV8 N="§ 550.400" NODE="30:2.0.3.5.2.4.228.1" TYPE="SECTION">
<HEAD>§ 550.400   Leasing maps and diagrams.</HEAD>
<P>(a) Any area of the OCS, which has been appropriately platted as provided in paragraph (b) of this section, may be leased for any mineral not included in an existing lease issued under the Act or meeting the requirements of subsection (a) of section 6 of the Act. Before any lease is offered or issued an area may be:
</P>
<P>(1) Withdrawn from disposition pursuant to section 12(a) of the Act; or
</P>
<P>(2) Designated as an area or part of an area restricted from operation under section 12(d) of the Act.
</P>
<P>(b) BOEM will prepare leasing maps and official protraction diagrams of areas of the OCS. The areas included in each mineral lease will be in accordance with the appropriate leasing map or official protraction diagram.
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:2.0.3.5.2.5" TYPE="SUBPART">
<HEAD>Subparts E-I [Reserved]</HEAD>

</DIV6>


<DIV6 N="J" NODE="30:2.0.3.5.2.6" TYPE="SUBPART">
<HEAD>Subpart J—Pipelines and Pipeline Rights-of-Way</HEAD>


<DIV8 N="§ 550.1011" NODE="30:2.0.3.5.2.6.228.1" TYPE="SECTION">
<HEAD>§ 550.1011   Financial assurance requirements for pipeline right-of-way (ROW) grant holders.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, when you apply for, attempt to assign, or are the holder of a pipeline right-of-way (ROW) grant, you must furnish and maintain $300,000 of area-wide financial assurance that guarantees compliance with the regulations and the terms and conditions of all the pipeline ROW grants you hold in an OCS area as defined in § 556.900(b) of this subchapter. The requirement to furnish and maintain area-wide financial assurance for a pipeline ROW grant is separate and distinct from the requirement to provide financial assurance for a lease or right-of-use and easement (RUE).
</P>
<P>(b) The requirement to furnish and maintain area-wide pipeline ROW financial assurance under paragraph (a) of this section may be satisfied if your operator or a co-grant holder provides such financial assurance in the required amount that guarantees compliance with the regulations and the terms and conditions of the grant.
</P>
<P>(c) The requirements for lease financial assurance in §§ 556.900(d) through (g) and 556.902 of this subchapter apply to the area-wide financial assurance required in paragraph (a) of this section.
</P>
<P>(d) The Regional Director, using the criteria set forth in § 556.901(d)(1) through (3) of this subchapter, will evaluate your financial ability to carry out present and future obligations, and as a result, may require supplemental financial assurance (<I>i.e.,</I> above the amount required by paragraph (a) of this section) to ensure compliance with the obligations under your pipeline right-of-way grant.
</P>
<P>(e) The supplemental financial assurance required under paragraph (d) of this section must:
</P>
<P>(1) Meet the requirements of §§ 556.900(d) through (g) and 556.902 of this subchapter, and
</P>
<P>(2) Cover costs and liabilities for compliance with the obligations of your ROW grants and with applicable BOEM and BSEE orders.
</P>
<P>(f) If you fail to replace any deficient financial assurance upon demand or fail to provide supplemental financial assurance upon demand, the Regional Director may:
</P>
<P>(1) Assess penalties under subpart N of this part;
</P>
<P>(2) Request BSEE to suspend operations on your pipeline ROW; and/or
</P>
<P>(3) Initiate action for forfeiture of your pipeline ROW grant in accordance with § 250.1013 of this title.
</P>
<CITA TYPE="N">[89 FR 31590, Apr. 24, 2024]




</CITA>
</DIV8>

</DIV6>


<DIV6 N="K" NODE="30:2.0.3.5.2.7" TYPE="SUBPART">
<HEAD>Subpart K—Oil and Gas Production Requirements.</HEAD>


<DIV7 N="228" NODE="30:2.0.3.5.2.7.228" TYPE="SUBJGRP">
<HEAD>Well Tests and Surveys</HEAD>


<DIV8 N="§ 550.1153" NODE="30:2.0.3.5.2.7.228.1" TYPE="SECTION">
<HEAD>§ 550.1153   When must I conduct a static bottomhole pressure survey?</HEAD>
<P>(a) You must conduct a static bottomhole pressure survey under the following conditions:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have . . .
</TH><TH class="gpotbl_colhed" scope="col">Then you must conduct . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) A new producing reservoir,</TD><TD align="left" class="gpotbl_cell">A static bottomhole pressure survey within 90 days after the date of first continuous production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) A reservoir with three or more producing completions,</TD><TD align="left" class="gpotbl_cell">Annual static bottomhole pressure surveys in a sufficient number of key wells to establish an average reservoir pressure. The Regional Supervisor may require that bottomhole pressure surveys be performed on specific wells.</TD></TR></TABLE></DIV></DIV>
<P>(b) Your bottomhole pressure survey must meet the following requirements:
</P>
<P>(1) You must shut-in the well for a minimum period of 4 hours to ensure stabilized conditions; and
</P>
<P>(2) The bottomhole pressure survey must consist of a pressure measurement at mid-perforation, and pressure measurements and gradient information for at least four gradient stops coming out of the hole.
</P>
<P>(c) You must submit to the Regional Supervisor the results of all static bottomhole pressure surveys on Form BOEM-140, Bottomhole Pressure Survey Report, within 60 days after the date of the survey.
</P>
<P>(d) The Regional Supervisor may grant a departure from the requirement to run a static bottomhole pressure survey. To request a departure, you must submit a justification, along with Form BOEM-0140, Bottomhole Pressure Survey Report, showing a calculated bottomhole pressure or any measured data.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="229" NODE="30:2.0.3.5.2.7.229" TYPE="SUBJGRP">
<HEAD>Classifying Reservoirs</HEAD>


<DIV8 N="§ 550.1154" NODE="30:2.0.3.5.2.7.229.2" TYPE="SECTION">
<HEAD>§ 550.1154   How do I determine if my reservoir is sensitive?</HEAD>
<P>(a) You must determine whether each reservoir is sensitive. You must classify the reservoir as sensitive if:
</P>
<P>(1) Under initial conditions it is an oil reservoir with an associated gas cap;
</P>
<P>(2) At any time there are near-critical fluids; or
</P>
<P>(3) The reservoir is undergoing enhanced recovery.
</P>
<P>(b) For the purposes of this subpart, near-critical fluids are:
</P>
<P>(1) Those fluids that occur in high temperature, high-pressure reservoirs where it is not possible to define the liquid-gas contact; or
</P>
<P>(2) Fluids in reservoirs that are near bubble point or dew point conditions.
</P>
<P>(c) The Regional Supervisor may reclassify a reservoir when available information warrants reclassification.
</P>
<P>(d) If available information indicates that a reservoir previously classified as non-sensitive is now sensitive, you must submit a request to the Regional Supervisor to reclassify the reservoir. You must include supporting information, as listed in the table in § 550.1167, with your request.
</P>
<P>(e) If information indicates that a reservoir previously classified as sensitive is now non-sensitive, you may submit a request to the Regional Supervisor to reclassify the reservoir. You must include supporting information, as listed in the table in § 550.1167, with your request.


</P>
</DIV8>


<DIV8 N="§ 550.1155" NODE="30:2.0.3.5.2.7.229.3" TYPE="SECTION">
<HEAD>§ 550.1155   What information must I submit for sensitive reservoirs?</HEAD>
<P>You must submit to the Regional Supervisor an original and two copies of Form BOEM-0127; one of the copies must be a public information copy in accordance with §§ 550.186 and 550.197, and marked “Public Information.” You must also submit two copies of the supporting information, as listed in the table in § 550.1167. You must submit this information:
</P>
<P>(a) Within 45 days after beginning production from the reservoir or discovering that it is sensitive;
</P>
<P>(b) At least once during the calendar year, but you do not need to resubmit unrevised structure maps (§ 550.1167(a)(2)) or previously submitted well logs (§ 550.1167(c)(1));
</P>
<P>(c) Within 45 days after you revise reservoir parameters; and
</P>
<P>(d) Within 45 days after the Regional Supervisor classifies the reservoir as sensitive under § 550.1154(c).


</P>
</DIV8>

</DIV7>


<DIV7 N="230" NODE="30:2.0.3.5.2.7.230" TYPE="SUBJGRP">
<HEAD>Other Requirements</HEAD>


<DIV8 N="§ 550.1165" NODE="30:2.0.3.5.2.7.230.4" TYPE="SECTION">
<HEAD>§ 550.1165   What must I do for enhanced recovery operations?</HEAD>
<P>(a) [Reserved]
</P>
<P>(b) Before initiating enhanced recovery operations, you must submit a proposed plan to the BSEE Regional Supervisor and receive approval for pressure maintenance, secondary or tertiary recovery, cycling, and similar recovery operations intended to increase the ultimate recovery of oil and gas from a reservoir. The proposed plan must include, for each project reservoir, a geologic and engineering overview, Form BOEM-0127 (submitted to BOEM) and supporting data as required in § 550.1167, 30 CFR 250.1167, and any additional information required by the BSEE Regional Supervisor.
</P>
<P>(c) [Reserved]


</P>
</DIV8>


<DIV8 N="§ 550.1166" NODE="30:2.0.3.5.2.7.230.5" TYPE="SECTION">
<HEAD>§ 550.1166   What additional reporting is required for developments in the Alaska OCS Region?</HEAD>
<P>(a)-(b) [Reserved]
</P>
<P>(c) Every time you are required to submit Form BOEM-0127 under § 550.1155, you must request an MER for each producing sensitive reservoir in the Alaska OCS Region, unless otherwise instructed by the Regional Supervisor.


</P>
</DIV8>


<DIV8 N="§ 550.1167" NODE="30:2.0.3.5.2.7.230.6" TYPE="SECTION">
<HEAD>§ 550.1167   What information must I submit with forms and for approvals?</HEAD>
<P>You must submit the supporting information listed in the following table with the form identified in column 1 and for the approval required under this subpart identified in column 2:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col"> 
</TH><TH class="gpotbl_colhed" scope="col">SRI BOEM-0127
<br/>(2 copies)
</TH><TH class="gpotbl_colhed" scope="col">Reservoir reclassification
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Maps:</TD><TD align="center" class="gpotbl_cell"> </TD><TD align="center" class="gpotbl_cell"> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Base map with surface, bottomhole, and completion locations with respect to the unit or lease line and the orientation of representative seismic lines or cross-sections</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Structure maps with penetration point and subsea depth for each well penetrating the reservoirs, highlighting subject wells; reservoir boundaries; and original and current fluid levels</TD><TD align="center" class="gpotbl_cell">√</TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(3) Net sand isopach with total net sand penetrated for each well, identified at the penetration point</TD><TD align="center" class="gpotbl_cell">*
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(4) Net hydrocarbon isopach with net feet of pay for each well, identified at the penetration point</TD><TD align="center" class="gpotbl_cell">*
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Seismic data:</TD><TD align="center" class="gpotbl_cell"> </TD><TD align="center" class="gpotbl_cell"> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Representative seismic lines, including strike and dip lines that confirm the structure; indicate polarity</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Amplitude extraction of seismic horizon, if applicable</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Logs:</TD><TD align="center" class="gpotbl_cell"> </TD><TD align="center" class="gpotbl_cell"> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Well log sections with tops and bottoms of the reservoir(s) and proposed or existing perforations</TD><TD align="center" class="gpotbl_cell">√</TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Structural cross-sections showing the subject well and nearby wells</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Engineering data:</TD><TD align="center" class="gpotbl_cell"> </TD><TD align="center" class="gpotbl_cell"> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Estimated recoverable reserves for each well completion in the reservoir; total recoverable reserves for each reservoir; method of calculation; reservoir parameters used in volumetric and decline curve analysis</TD><TD align="center" class="gpotbl_cell">√
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Well schematics showing current and proposed conditions</TD><TD align="center" class="gpotbl_cell"> 
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(3) The drive mechanism of each reservoir</TD><TD align="center" class="gpotbl_cell">√</TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(4) Pressure data, by date, and whether they are estimated or measured</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(5) Production data and decline curve analysis indicative of the reservoir performance</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(6) Reservoir simulation with the reservoir parameters used, history matches, and prediction runs (include proposed development scenario)</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">*
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) General information:</TD><TD align="center" class="gpotbl_cell"> </TD><TD align="center" class="gpotbl_cell"> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(1) Detailed economic analysis</TD><TD align="center" class="gpotbl_cell"> </TD><TD align="center" class="gpotbl_cell"> 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(2) Reservoir name and whether or not it is competitive as defined under § 250.105</TD><TD align="center" class="gpotbl_cell">√</TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(3) Operator name, lessee name(s), block, lease number, royalty rate, and unit number (if applicable) of all relevant leases</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(4) Geologic overview of project</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">√
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(5) Explanation of why the proposed completion scenario will maximize ultimate recovery</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(6) List of all wells in subject reservoirs that have ever produced or been used for injection</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">√
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">√ Required.
</P><P class="gpotbl_note">* Additional items the Regional Supervisor may request.
</P><P class="gpotbl_note">Note: All maps must be at a standard scale and show lease and unit lines. The Regional Supervisor may waive submittal of some of the required data on a case-by-case basis.</P></DIV></DIV>
<P>(f) Depending on the type of approval requested, you must submit the appropriate payment of the service fee(s) listed in § 550.125, according to the instructions in § 550.126.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="L" NODE="30:2.0.3.5.2.8" TYPE="SUBPART">
<HEAD>Subparts L-M [Reserved]</HEAD>

</DIV6>


<DIV6 N="N" NODE="30:2.0.3.5.2.9" TYPE="SUBPART">
<HEAD>Subpart N—Outer Continental Shelf Civil Penalties</HEAD>


<DIV7 N="231" NODE="30:2.0.3.5.2.9.231" TYPE="SUBJGRP">
<HEAD>Outer Continental Shelf Lands Act Civil Penalties</HEAD>


<DIV8 N="§ 550.1400" NODE="30:2.0.3.5.2.9.231.1" TYPE="SECTION">
<HEAD>§ 550.1400   How does BOEM begin the civil penalty process?</HEAD>
<P>This subpart explains BOEM's civil penalty procedures whenever a lessee, operator or other person engaged in oil, gas, sulphur or other minerals operations in the OCS has a violation. Whenever BOEM determines, on the basis of available evidence, that a violation occurred and a civil penalty review is appropriate, it will prepare a case file. BOEM will appoint a Reviewing Officer.


</P>
</DIV8>


<DIV8 N="§ 550.1401" NODE="30:2.0.3.5.2.9.231.2" TYPE="SECTION">
<HEAD>§ 550.1401   Index table.</HEAD>
<P>The following table is an index of the sections in this subpart:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Definitions</TD><TD align="left" class="gpotbl_cell">§ 550.1402
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) What is the maximum civil penalty?</TD><TD align="left" class="gpotbl_cell">§ 550.1403
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Which violations will BOEM review for potential civil penalties?</TD><TD align="left" class="gpotbl_cell">§ 550.1404
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) When is a case file developed?</TD><TD align="left" class="gpotbl_cell">§ 550.1405
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) When will BOEM notify me and provide penalty information?</TD><TD align="left" class="gpotbl_cell">§ 550.1406
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) How do I respond to the letter of notification?</TD><TD align="left" class="gpotbl_cell">§ 550.1407
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) When will I be notified of the Reviewing Officer's decision?</TD><TD align="left" class="gpotbl_cell">§ 550.1408
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(h) What are my appeal rights?</TD><TD align="left" class="gpotbl_cell">§ 550.1409</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 550.1402" NODE="30:2.0.3.5.2.9.231.3" TYPE="SECTION">
<HEAD>§ 550.1402   Definitions.</HEAD>
<P>Terms used in this subpart have the following meaning:
</P>
<P><I>Case file</I> means a BOEM document file containing information and the record of evidence related to the alleged violation.
</P>
<P><I>Civil penalty</I> means a fine. It is a BOEM regulatory enforcement tool used in addition to Notices of Incidents of Noncompliance and directed suspensions of production or other operations.
</P>
<P><I>Reviewing Officer</I> means a BOEM employee assigned to review case files and assess civil penalties.
</P>
<P><I>Violation</I> means failure to comply with the Outer Continental Shelf Lands Act (OCSLA) or any other applicable laws, with any regulations issued under the OCSLA, or with the terms or provisions of leases, licenses, permits, rights-of-way, or other approvals issued under the OCSLA.
</P>
<P><I>Violator</I> means a person responsible for a violation.


</P>
</DIV8>


<DIV8 N="§ 550.1403" NODE="30:2.0.3.5.2.9.231.4" TYPE="SECTION">
<HEAD>§ 550.1403   What is the maximum civil penalty?</HEAD>
<P>The maximum civil penalty is $55,764 per day per violation.


</P>
<CITA TYPE="N">[90 FR 2614, Jan. 13, 2025]






</CITA>
</DIV8>


<DIV8 N="§ 550.1404" NODE="30:2.0.3.5.2.9.231.5" TYPE="SECTION">
<HEAD>§ 550.1404   Which violations will BOEM review for potential civil penalties?</HEAD>
<P>BOEM will review each of the following violations for potential civil penalties:
</P>
<P>(a) Violations that you do not correct within the period BOEM grants;
</P>
<P>(b)-(c) [Reserved]
</P>
<P>(d) Violations of the oil spill financial responsibility requirements at 30 CFR part 553.


</P>
</DIV8>


<DIV8 N="§ 550.1405" NODE="30:2.0.3.5.2.9.231.6" TYPE="SECTION">
<HEAD>§ 550.1405   When is a case file developed?</HEAD>
<P>BOEM will develop a case file during its investigation of the violation, and forward it to a Reviewing Officer if any of the conditions in § 550.1404 exist. The Reviewing Officer will review the case file and determine if a civil penalty is appropriate. The Reviewing Officer may administer oaths and issue subpoenas requiring witnesses to attend meetings, submit depositions, or produce evidence.


</P>
</DIV8>


<DIV8 N="§ 550.1406" NODE="30:2.0.3.5.2.9.231.7" TYPE="SECTION">
<HEAD>§ 550.1406   When will BOEM notify me and provide penalty information?</HEAD>
<P>If the Reviewing Officer determines that a civil penalty should be assessed, the Reviewing Officer will send the violator a letter of notification. The letter of notification will include:
</P>
<P>(a) The amount of the proposed civil penalty;
</P>
<P>(b) Information on the violation(s); and
</P>
<P>(c) Instruction on how to obtain a copy of the case file, schedule a meeting, submit information, or pay the penalty.


</P>
</DIV8>


<DIV8 N="§ 550.1407" NODE="30:2.0.3.5.2.9.231.8" TYPE="SECTION">
<HEAD>§ 550.1407   How do I respond to the letter of notification?</HEAD>
<P>You have 30 calendar days after you receive the Reviewing Officer's letter to either:
</P>
<P>(a) Request, in writing, a meeting with the Reviewing Officer;
</P>
<P>(b) Submit additional information; or
</P>
<P>(c) Pay the proposed civil penalty.


</P>
</DIV8>


<DIV8 N="§ 550.1408" NODE="30:2.0.3.5.2.9.231.9" TYPE="SECTION">
<HEAD>§ 550.1408   When will I be notified of the Reviewing Officer's decision?</HEAD>
<P>At the end of the 30 calendar days or after the meeting and submittal of additional information, the Reviewing Officer will review the case file, including all information you submitted, and send you a decision. The decision will include the amount of any final civil penalty, the basis for the civil penalty, and instructions for paying or appealing the civil penalty.


</P>
</DIV8>


<DIV8 N="§ 550.1409" NODE="30:2.0.3.5.2.9.231.10" TYPE="SECTION">
<HEAD>§ 550.1409   What are my appeal rights?</HEAD>
<P>(a) When you receive the Reviewing Officer's final decision, you have 60 days to either pay the penalty or file an appeal in accordance with 30 CFR part 590, subpart A.
</P>
<P>(b) If you file an appeal, you must either:
</P>
<P>(1) Submit a surety bond in the amount of the penalty to the appropriate Leasing Office in the Region where the penalty was assessed, following instructions that the Reviewing Officer will include in the final decision; or
</P>
<P>(2) Notify the appropriate Leasing Office, in the Region where the penalty was assessed, that you want your lease-specific/area-wide bond on file to be used as the bond for the penalty amount.
</P>
<P>(c) If you choose the alternative in paragraph (b)(2) of this section, the BOEM Regional Director may require additional security (<I>i.e.,</I> security in excess of your existing bond) to ensure sufficient coverage during an appeal. In that event, the Regional Director will require you to post the supplemental bond with the regional office in the same manner as under § 556.53(d) through (f) of this chapter. If the Regional Director determines the appeal should be covered by a lease-specific abandonment account then you must establish an account that meets the requirements of § 556.56.
</P>
<P>(d) If you do not either pay the penalty or file a timely appeal, BOEM will take one or more of the following actions:
</P>
<P>(1) We will collect the amount you were assessed, plus interest, late payment charges, and other fees as provided by law, from the date you received the Reviewing Officer's final decision until the date we receive payment;
</P>
<P>(2) We may initiate additional enforcement, including, if appropriate, cancellation of the lease, right-of-way, license, permit, or approval, or the forfeiture of a bond under this part; or
</P>
<P>(3) We may bar you from doing further business with the Federal Government according to Executive Orders 12549 and 12689, and section 2455 of the Federal Acquisition Streamlining Act of 1994, 31 U.S.C. 6101. The Department of the Interior's regulations implementing these authorities are found at 43 CFR part 12, subpart D.


</P>
</DIV8>

</DIV7>


<DIV7 N="232" NODE="30:2.0.3.5.2.9.232" TYPE="SUBJGRP">
<HEAD>Federal Oil and Gas Royalty Management Act Civil Penalties Definitions</HEAD>


<DIV8 N="§ 550.1450" NODE="30:2.0.3.5.2.9.232.11" TYPE="SECTION">
<HEAD>§ 550.1450   What definitions apply to this subpart?</HEAD>
<P>The terms used in this subpart have the same meaning as in 30 U.S.C. 1702.


</P>
</DIV8>

</DIV7>


<DIV7 N="233" NODE="30:2.0.3.5.2.9.233" TYPE="SUBJGRP">
<HEAD>Penalties After a Period to Correct</HEAD>


<DIV8 N="§ 550.1451" NODE="30:2.0.3.5.2.9.233.12" TYPE="SECTION">
<HEAD>§ 550.1451   What may BOEM do if I violate a statute, regulation, order, or lease term relating to a Federal oil and gas lease?</HEAD>
<P>(a) If we believe that you have not followed any requirement of a statute, regulation, order, or lease term for any Federal oil or gas lease, we may send you a Notice of Noncompliance informing you what the violation is and what you need to do to correct it to avoid civil penalties under 30 U.S.C. 1719(a) and (b).
</P>
<P>(b) We will serve the Notice of Noncompliance by registered mail or personal service using the most current address on file as maintained by the BOEM Leasing Office in your respective Region.


</P>
</DIV8>


<DIV8 N="§ 550.1452" NODE="30:2.0.3.5.2.9.233.13" TYPE="SECTION">
<HEAD>§ 550.1452   What if I correct the violation?</HEAD>
<P>The matter will be closed if you correct all of the violations identified in the Notice of Noncompliance within 20 days after you receive the Notice (or within a longer time period specified in the Notice).


</P>
</DIV8>


<DIV8 N="§ 550.1453" NODE="30:2.0.3.5.2.9.233.14" TYPE="SECTION">
<HEAD>§ 550.1453   What if I do not correct the violation?</HEAD>
<P>(a) We may send you a Notice of Civil Penalty if you do not correct all of the violations identified in the Notice of Noncompliance within 20 days after you receive the Notice of Noncompliance (or within a longer time period specified in that Notice). The Notice of Civil Penalty will tell you how much penalty you must pay for each day, beginning with the date of the Notice of Noncompliance, for each violation identified in the Notice of Noncompliance for as long as you do not correct the violation. The maximum civil penalty amount for each day for each uncorrected violation is as specified in 30 CFR 1241.52(a)(2).
</P>
<P>(b) If you do not correct all of the violations identified in the Notice of Noncompliance within 40 days after you receive the Notice of Noncompliance (or 20 days following the expiration of a longer time period specified in that Notice), we may increase the penalty for each day, beginning with the date of the Notice of Noncompliance, for each violation for as long as you do not correct the violation. The maximum civil penalty amount for each day for each uncorrected violation is as specified in 30 CFR 1241.52(b).
</P>
<CITA TYPE="N">[86 FR 38559, July 22, 2021]


</CITA>
</DIV8>


<DIV8 N="§ 550.1454" NODE="30:2.0.3.5.2.9.233.15" TYPE="SECTION">
<HEAD>§ 550.1454   How may I request a hearing on the record on a Notice of Noncompliance?</HEAD>
<P>You may request a hearing on the record on a Notice of Noncompliance by filing a request within 30 days of the date you received the Notice of Noncompliance with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101. You may do this regardless of whether you correct the violations identified in the Notice of Noncompliance.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 550.1455" NODE="30:2.0.3.5.2.9.233.16" TYPE="SECTION">
<HEAD>§ 550.1455   Does my request for a hearing on the record affect the penalties?</HEAD>
<P>(a) If you do not correct the violations identified in the Notice of Noncompliance, the penalties will continue to accrue even if you request a hearing on the record.
</P>
<P>(b) You may petition the Hearings Division (Departmental) of the Office of Hearings and Appeals, to stay the accrual of penalties pending the hearing on the record and a decision by the Administrative Law Judge under § 550.1472.
</P>
<P>(1) You must file your petition within 45 calendar days of receiving the Notice of Noncompliance.
</P>
<P>(2) To stay the accrual of penalties, you must post a bond or other surety instrument, or demonstrate financial solvency, using the standards and requirements as prescribed in §§ 550.1490 through 550.1497, for the principal amount of any unpaid amounts due that are the subject of the Notice of Noncompliance, including interest thereon, plus the amount of any penalties accrued before the date a stay becomes effective.
</P>
<P>(3) The Hearings Division will grant or deny the petition under 43 CFR 4.21(b).


</P>
</DIV8>


<DIV8 N="§ 550.1456" NODE="30:2.0.3.5.2.9.233.17" TYPE="SECTION">
<HEAD>§ 550.1456   May I request a hearing on the record regarding the amount of a civil penalty if I did not request a hearing on the Notice of Noncompliance?</HEAD>
<P>(a) You may request a hearing on the record to challenge only the amount of a civil penalty when you receive a Notice of Civil Penalty, if you did not previously request a hearing on the record under § 550.1454. If you did not request a hearing on the record on the Notice of Noncompliance under § 550.1454, you may not contest your underlying liability for civil penalties.
</P>
<P>(b) You must file your request within 10 days after you receive the Notice of Civil Penalty with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="234" NODE="30:2.0.3.5.2.9.234" TYPE="SUBJGRP">
<HEAD>Penalties Without a Period to Correct</HEAD>


<DIV8 N="§ 550.1460" NODE="30:2.0.3.5.2.9.234.18" TYPE="SECTION">
<HEAD>§ 550.1460   May I be subject to penalties without prior notice and an opportunity to correct?</HEAD>
<P>The Federal Oil and Gas Royalty Management Act sets out several specific violations for which penalties accrue without an opportunity to first correct the violation.
</P>
<P>(a) [Reserved]
</P>
<P>(b) Under 30 U.S.C. 1719(d), you may be subject to civil penalties up to the maximum amount specified in 30 CFR 1241.60(b)(2) for each violation for each day that it continues if you:
</P>
<P>(1) Knowingly or willfully prepare, maintain, or submit false, inaccurate, or misleading reports, notices, affidavits, records, data, or other written information.
</P>
<P>(2) [Reserved]
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 86 FR 38559, July 22, 2021]


</CITA>
</DIV8>


<DIV8 N="§ 550.1461" NODE="30:2.0.3.5.2.9.234.19" TYPE="SECTION">
<HEAD>§ 550.1461   How will BOEM inform me of violations without a period to correct?</HEAD>
<P>We will inform you of any violation, without a period to correct, by issuing a Notice of Noncompliance and Civil Penalty explaining the violation, how to correct it, and the penalty assessment. We will serve the Notice of Noncompliance and Civil Penalty by registered mail or personal service using your address of record as specified under 30 CFR part 1218, subpart H.


</P>
</DIV8>


<DIV8 N="§ 550.1462" NODE="30:2.0.3.5.2.9.234.20" TYPE="SECTION">
<HEAD>§ 550.1462   How may I request a hearing on the record on a Notice of Noncompliance regarding violations without a period to correct?</HEAD>
<P>You may request a hearing on the record of a Notice of Noncompliance regarding violations without a period to correct by filing a request within 30 days after you receive the Notice of Noncompliance with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101. You may do this regardless of whether you correct the violations identified in the Notice of Noncompliance.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 550.1463" NODE="30:2.0.3.5.2.9.234.21" TYPE="SECTION">
<HEAD>§ 550.1463   Does my request for a hearing on the record affect the penalties?</HEAD>
<P>(a) If you do not correct the violations identified in the Notice of Noncompliance regarding violations without a period to correct, the penalties will continue to accrue even if you request a hearing on the record.
</P>
<P>(b) You may ask the Hearings Division (Departmental) to stay the accrual of penalties pending the hearing on the record and a decision by the Administrative Law Judge under § 550.1472.
</P>
<P>(1) You must file your petition within 45 calendar days after you receive the Notice of Noncompliance.
</P>
<P>(2) To stay the accrual of penalties, you must post a bond or other surety instrument, or demonstrate financial solvency, using the standards and requirements as prescribed in §§ 550.1490 through 550.1497, for the principal amount of any unpaid amounts due that are the subject of the Notice of Noncompliance, including interest thereon, plus the amount of any penalties accrued before the date a stay becomes effective.
</P>
<P>(3) The Hearings Division will grant or deny the petition under 43 CFR 4.21(b).


</P>
</DIV8>


<DIV8 N="§ 550.1464" NODE="30:2.0.3.5.2.9.234.22" TYPE="SECTION">
<HEAD>§ 550.1464   May I request a hearing on the record regarding the amount of a civil penalty if I did not request a hearing on the Notice of Noncompliance?</HEAD>
<P>(a) You may request a hearing on the record to challenge only the amount of a civil penalty when you receive a Notice of Civil Penalty regarding violations without a period to correct, if you did not previously request a hearing on the record under § 550.1462. If you did not request a hearing on the record on the Notice of Noncompliance under § 550.1462, you may not contest your underlying liability for civil penalties.
</P>
<P>(b) You must file your request within 10 days after you receive Notice of Civil Penalty with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="235" NODE="30:2.0.3.5.2.9.235" TYPE="SUBJGRP">
<HEAD>General Provisions</HEAD>


<DIV8 N="§ 550.1470" NODE="30:2.0.3.5.2.9.235.23" TYPE="SECTION">
<HEAD>§ 550.1470   How does BOEM decide what the amount of the penalty should be?</HEAD>
<P>We determine the amount of the penalty by considering the severity of the violations, your history of compliance, and if you are a small business.


</P>
</DIV8>


<DIV8 N="§ 550.1471" NODE="30:2.0.3.5.2.9.235.24" TYPE="SECTION">
<HEAD>§ 550.1471   Does the penalty affect whether I owe interest?</HEAD>
<P>If you do not pay the penalty by the date required under § 550.1475(d), BOEM will assess you late payment interest on the penalty amount at the same rate interest is assessed under 30 CFR 1218.54.


</P>
</DIV8>


<DIV8 N="§ 550.1472" NODE="30:2.0.3.5.2.9.235.25" TYPE="SECTION">
<HEAD>§ 550.1472   How will the Office of Hearings and Appeals conduct the hearing on the record?</HEAD>
<P>If you request a hearing on the record under § 550.1454, § 550.1456, § 550.1462, or § 550.1464, the hearing will be conducted by a Departmental Administrative Law Judge from the Office of Hearings and Appeals. After the hearing, the Administrative Law Judge will issue a decision in accordance with the evidence presented and applicable law.


</P>
</DIV8>


<DIV8 N="§ 550.1473" NODE="30:2.0.3.5.2.9.235.26" TYPE="SECTION">
<HEAD>§ 550.1473   How may I appeal the Administrative Law Judge's decision?</HEAD>
<P>If you are adversely affected by the Administrative Law Judge's decision, you may appeal that decision to the Interior Board of Land Appeals under 43 CFR part 4, subpart E.


</P>
</DIV8>


<DIV8 N="§ 550.1474" NODE="30:2.0.3.5.2.9.235.27" TYPE="SECTION">
<HEAD>§ 550.1474   May I seek judicial review of the decision of the Interior Board of Land Appeals?</HEAD>
<P>Under 30 U.S.C. 1719(j), you may seek judicial review of the decision of the Interior Board of Land Appeals. A suit for judicial review in the District Court will be barred unless filed within 90 days after the final order.


</P>
</DIV8>


<DIV8 N="§ 550.1475" NODE="30:2.0.3.5.2.9.235.28" TYPE="SECTION">
<HEAD>§ 550.1475   When must I pay the penalty?</HEAD>
<P>(a) You must pay the amount of the Notice of Civil Penalty issued under § 550.1453 or § 550.1461, if you do not request a hearing on the record under § 550.1454, § 550.1456, § 550.1462, or § 550.1464.
</P>
<P>(b) If you request a hearing on the record under § 550.1454, § 550.1456, § 550.1462, or § 550.1464, but you do not appeal the determination of the Administrative Law Judge to the Interior Board of Land Appeals under § 550.1473, you must pay the amount assessed by the Administrative Law Judge.
</P>
<P>(c) If you appeal the determination of the Administrative Law Judge to the Interior Board of Land Appeals, you must pay the amount assessed in the IBLA decision.
</P>
<P>(d) You must pay the penalty assessed within 40 days after:
</P>
<P>(1) You received the Notice of Civil Penalty, if you did not request a hearing on the record under either § 550.1454, § 550.1456, § 550.1462, or § 550.1464;
</P>
<P>(2) You received an Administrative Law Judge's decision under § 550.1472, if you obtained a stay of the accrual of penalties pending the hearing on the record under § 550.1455(b) or § 550.1463(b) and did not appeal the Administrative Law Judge's determination to the IBLA under § 550.1473;
</P>
<P>(3) You received an IBLA decision under § 550.1473 if the IBLA continued the stay of accrual of penalties pending its decision and you did not seek judicial review of the IBLA's decision; or
</P>
<P>(4) A final non-appealable judgment of a court of competent jurisdiction is entered, if you sought judicial review of the IBLA's decision and the Department or the appropriate court suspended compliance with the IBLA's decision pending the adjudication of the case.
</P>
<P>(e) If you do not pay, that amount is subject to collection under the provisions of § 550.1477.


</P>
</DIV8>


<DIV8 N="§ 550.1476" NODE="30:2.0.3.5.2.9.235.29" TYPE="SECTION">
<HEAD>§ 550.1476   Can BOEM reduce my penalty once it is assessed?</HEAD>
<P>Under 30 U.S.C. 1719(g), the Director or his or her delegate may compromise or reduce civil penalties assessed under this part.


</P>
</DIV8>


<DIV8 N="§ 550.1477" NODE="30:2.0.3.5.2.9.235.30" TYPE="SECTION">
<HEAD>§ 550.1477   How may BOEM collect the penalty?</HEAD>
<P>(a) BOEM may use all available means to collect the penalty including, but not limited to:
</P>
<P>(1) Requiring the lease surety, for amounts owed by lessees, to pay the penalty;
</P>
<P>(2) Deducting the amount of the penalty from any sums the United States owes to you; and
</P>
<P>(3) Using judicial process to compel your payment under 30 U.S.C. 1719(k).
</P>
<P>(b) If the Department uses judicial process, or if you seek judicial review under § 550.1474 and the court upholds assessment of a penalty, the court shall have jurisdiction to award the amount assessed plus interest assessed from the date of the expiration of the 90-day period referred to in § 550.1474. The amount of any penalty, as finally determined, may be deducted from any sum owing to you by the United States.


</P>
</DIV8>

</DIV7>


<DIV7 N="236" NODE="30:2.0.3.5.2.9.236" TYPE="SUBJGRP">
<HEAD>Criminal Penalties</HEAD>


<DIV8 N="§ 550.1480" NODE="30:2.0.3.5.2.9.236.31" TYPE="SECTION">
<HEAD>§ 550.1480   May the United States criminally prosecute me for violations under Federal oil and gas leases?</HEAD>
<P>If you commit an act for which a civil penalty is provided at 30 U.S.C. 1719(d) and § 550.1460(b), the United States may pursue criminal penalties as provided at 30 U.S.C. 1720, in addition to any authority for prosecution under other statutes.


</P>
</DIV8>

</DIV7>


<DIV7 N="237" NODE="30:2.0.3.5.2.9.237" TYPE="SUBJGRP">
<HEAD>Bonding Requirements</HEAD>


<DIV8 N="§ 550.1490" NODE="30:2.0.3.5.2.9.237.32" TYPE="SECTION">
<HEAD>§ 550.1490   What standards must my BOEM-specified surety instrument meet?</HEAD>
<P>(a) A BOEM-specified surety instrument must be in a form specified in BOEM instructions. BOEM will give you written information and standard forms for BOEM-specified surety instrument requirements.
</P>
<P>(b) BOEM will use a bank-rating service to determine whether a financial institution has an acceptable rating to provide a surety instrument adequate to indemnify the lessor from loss or damage.
</P>
<P>(1) Administrative appeal bonds must be issued by a qualified surety company which the Department of the Treasury has approved.
</P>
<P>(2) Irrevocable letters of credit or certificates of deposit must be from a financial institution acceptable to BOEM with a minimum 1-year period of coverage subject to automatic renewal up to 5 years.


</P>
</DIV8>


<DIV8 N="§ 550.1491" NODE="30:2.0.3.5.2.9.237.33" TYPE="SECTION">
<HEAD>§ 550.1491   How will BOEM determine the amount of my bond or other surety instrument?</HEAD>
<P>(a) BOEM bond-approving officer may approve your surety if he or she determines that the amount is adequate to guarantee payment. The amount of your surety may vary depending on the form of the surety and how long the surety is effective.
</P>
<P>(1) The amount of the BOEM-specified surety instrument must include the principal amount owed under the Notice of Noncompliance or Notice of Civil Penalty plus any accrued interest we determine is owed plus projected interest for a 1-year period.
</P>
<P>(2) Treasury book-entry bond or note amounts must be equal to at least 120 percent of the required surety amount.
</P>
<P>(b) If your appeal is not decided within 1 year from the filing date, you must increase the surety amount to cover additional estimated interest for another 1-year period. You must continue to do this annually on the date your appeal was filed. We will determine the additional estimated interest and notify you of the amount so you can amend your surety instrument.
</P>
<P>(c) You may submit a single surety instrument that covers multiple appeals. You may change the instrument to add new amounts under appeal or remove amounts that have been adjudicated in your favor or that you have paid, if you:
</P>
<P>(1) Amend the single surety instrument annually on the date you filed your first appeal; and
</P>
<P>(2) Submit a separate surety instrument for new amounts under appeal until you amend the instrument to cover the new appeals.


</P>
</DIV8>

</DIV7>


<DIV7 N="238" NODE="30:2.0.3.5.2.9.238" TYPE="SUBJGRP">
<HEAD>Financial Solvency Requirements</HEAD>


<DIV8 N="§ 550.1495" NODE="30:2.0.3.5.2.9.238.34" TYPE="SECTION">
<HEAD>§ 550.1495   How do I demonstrate financial solvency?</HEAD>
<P>(a) To demonstrate financial solvency under this part, you must submit an audited consolidated balance sheet, and, if requested by the BOEM bond-approving officer, up to 3 years of tax returns to BOEM using the U.S. Postal Service, private delivery, courier, or overnight delivery at:
</P>
<P>(1) For Alaska OCS: BOEM Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, AK 99503, (907) 334-5200.
</P>
<P>(2) For Gulf of America and Atlantic OCS: BOEM Gulf of America OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123-2394, (800) 200-4853.
</P>
<P>(3) For Pacific OCS: BOEM Pacific OCS Region, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, CA 93010, (805) 384-6305.
</P>
<P>(b) You must submit an audited consolidated balance sheet annually, and, if requested, additional annual tax returns on the date BOEM first determined that you demonstrated financial solvency as long as you have active appeals, or whenever BOEM requests.
</P>
<P>(c) If you demonstrate financial solvency in the current calendar year, you are not required to redemonstrate financial solvency for new appeals of orders during that calendar year unless you file for protection under any provision of the U.S. Bankruptcy Code (Title 11 of the United States Code), or BOEM notifies you that you must redemonstrate financial solvency.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 550.1496" NODE="30:2.0.3.5.2.9.238.35" TYPE="SECTION">
<HEAD>§ 550.1496   How will BOEM determine if I am financially solvent?</HEAD>
<P>(a) BOEM bond-approving officer will determine your financial solvency by examining your total net worth, including, as appropriate, the net worth of your affiliated entities.
</P>
<P>(b) If your net worth, minus the amount we would require as surety under §§ 550.1490 and 550.1491 for all orders you have appealed is greater than $300 million, you are presumptively deemed financially solvent, and we will not require you to post a bond or other surety instrument.
</P>
<P>(c) If your net worth, minus the amount we would require as surety under §§ 550.1490 and 550.1491 for all orders you have appealed is less than $300 million, you must submit the following to BOEM by one of the methods in § 550.1495(a):
</P>
<P>(1) A written request asking us to consult a business-information, or credit-reporting service or program to determine your financial solvency; and
</P>
<P>(2) A nonrefundable $50 processing fee:
</P>
<P>(i) You must pay the processing fee to us following the requirements for making payments found in 30 CFR 550.126. You are required to use Electronic Funds Transfer (EFT) for these payments;
</P>
<P>(ii) You must submit the fee with your request under paragraph (c)(1) of this section, and then annually on the date we first determined that you demonstrated financial solvency, as long as you are not able to demonstrate financial solvency under paragraph (a) of this section and you have active appeals.
</P>
<P>(d) If you request that we consult a business-information or credit-reporting service or program under paragraph (c) of this section:
</P>
<P>(1) We will use criteria similar to that which a potential creditor would use to lend an amount equal to the bond or other surety instrument we would require under §§ 550.1490 and 550.1491;
</P>
<P>(2) For us to consider you financially solvent, the business-information or credit-reporting service or program must demonstrate your degree of risk as low to moderate:
</P>
<P>(i) If our bond-approving officer determines that the business-information or credit-reporting service or program information demonstrates your financial solvency to our satisfaction, our bond-approving officer will not require you to post a bond or other surety instrument under §§ 550.1490 and 550.1491;
</P>
<P>(ii) If our bond-approving officer determines that the business-information or credit-reporting service or program information does not demonstrate your financial solvency to our satisfaction, our bond-approving officer will require you to post a bond or other surety instrument under §§ 550.1490 and 550.1491 or pay the obligation.


</P>
</DIV8>


<DIV8 N="§ 550.1497" NODE="30:2.0.3.5.2.9.238.36" TYPE="SECTION">
<HEAD>§ 550.1497   When will BOEM monitor my financial solvency?</HEAD>
<P>(a) If you are presumptively financially solvent under § 550.1496(b), BOEM will determine your net worth as described under §§ 550.1496(b) and (c) to evaluate your financial solvency at least annually on the date we first determined that you demonstrated financial solvency as long as you have active appeals and each time you appeal a new order.
</P>
<P>(b) If you ask us to consult a business-information or credit-reporting service or program under § 550.1496(c), we will consult a service or program annually as long as you have active appeals and each time you appeal a new order.
</P>
<P>(c) If our bond-approving officer determines that you are no longer financially solvent, you must post a bond or other BOEM-specified surety instrument under §§ 550.1490 and 550.1491.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="O" NODE="30:2.0.3.5.2.10" TYPE="SUBPART">
<HEAD>Subparts O-S [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="551" NODE="30:2.0.3.5.3" TYPE="PART">
<HEAD>PART 551—GEOLOGICAL AND GEOPHYSICAL (G&amp;G) EXPLORATIONS OF THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 <I>et seq.,</I> 43 U.S.C. 1337.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 551.1" NODE="30:2.0.3.5.3.0.239.1" TYPE="SECTION">
<HEAD>§ 551.1   Definitions.</HEAD>
<P>Terms used in this part have the following meaning:
</P>
<P><I>Act</I> means the Outer Continental Shelf Lands Act (OCSLA), as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Analyzed geological information</I> means data collected under a permit or a lease that have been analyzed. Analysis may include, but is not limited to, identification of lithologic and fossil content, core analyses, laboratory analyses of physical and chemical properties, well logs or charts, results from formation fluid tests, and descriptions of hydrocarbon occurrences or hazardous conditions.
</P>
<P><I>Archaeological interest</I> means capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurements, controlled collection, analysis, interpretation, and explanation.
</P>
<P><I>Archaeological resources</I> mean any material remains of human life or activities that are at least 50 years of age and of archaeological interest.
</P>
<P><I>Coastal environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone.
</P>
<P><I>Coastal Zone</I> means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal States and extends seaward to the outer limit of the U.S. territorial sea.
</P>
<P><I>Coastal Zone Management Act</I> means the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 <I>et seq.</I>).
</P>
<P><I>Data</I> means facts, statistics, measurements, or samples that have not been analyzed, processed, or interpreted.
</P>
<P><I>Deep stratigraphic test</I> means drilling that involves the penetration into the sea bottom of more than 500 feet (152 meters).
</P>
<P><I>Director</I> means the Director of the Bureau of Ocean Energy Management, U.S. Department of the Interior, or a subordinate authorized to act on the Director's behalf.
</P>
<P><I>Exploration</I> means the commercial search for oil, gas, and sulphur. Activities classified as exploration include, but are not limited to:
</P>
<P>(1) Geological and geophysical marine and airborne surveys where magnetic, gravity, seismic reflection, seismic refraction, gas sniffers, coring, or other systems are used to detect or imply the presence of oil, gas, or sulphur; and
</P>
<P>(2) Any drilling, whether on or off a geological structure.
</P>
<P><I>Geological and geophysical scientific research</I> means any oil, gas, or sulphur related investigation conducted in the OCS for scientific and/or research purposes. Geological, geophysical, and geochemical data and information gathered and analyzed are made available to the public for inspection and reproduction at the earliest practicable time. The term does not include commercial geological or geophysical exploration or research.
</P>
<P><I>Geological exploration</I> means exploration that uses geological and geochemical techniques (e.g., coring and test drilling, well logging, and bottom sampling) to produce data and information on oil, gas, and sulphur resources in support of possible exploration and development activities. The term does not include geological scientific research.
</P>
<P><I>Geological information</I> means geological or geochemical data that have been analyzed, processed, or interpreted.
</P>
<P><I>Geophysical data</I> means measurements that have not been processed or interpreted.
</P>
<P><I>Geophysical exploration</I> means exploration that utilizes geophysical techniques (e.g., gravity, magnetic, electromagnetic, or seismic) to produce data and information on oil, gas, and sulphur resources in support of possible exploration and development activities. The term does not include geophysical scientific research.
</P>
<P><I>Geophysical information</I> means geophysical data that have been processed or interpreted.
</P>
<P><I>Governor</I> means the Governor of a State or the person or entity lawfully designated to exercise the powers granted to a Governor pursuant to the Act.
</P>
<P><I>Human environment</I> means the physical, social, and economic components, conditions, and factors which interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
</P>
<P><I>Hydrocarbon occurrence</I> means the direct or indirect detection during drilling operations of any liquid or gaseous hydrocarbons by examination of well cuttings, cores, gas detector readings, formation fluid tests, wireline logs, or by any other means. The term does not include background gas, minor accumulations of gas, or heavy oil residues on cuttings and cores.
</P>
<P><I>Interpreted geological information</I> means knowledge, often in the form of schematic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of geological data and analyzed and processed geologic information.
</P>
<P><I>Interpreted geophysical information</I> means knowledge, often in the form of seismic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of geophysical data and processed geophysical information.
</P>
<P><I>Lease</I> means an agreement which is issued under section 8 or maintained under section 6 of the Act and which authorizes exploration for, and development and production of, minerals or the area covered by that authorization, whichever is required by the context.
</P>
<P><I>Lessee</I> means a person who has entered into, or is the BOEM approved assignee of, a lease with the United States to explore for, develop, and produce the leased minerals. The term “lessee” also includes an owner of operating rights.
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the quality of the marine ecosystem in the coastal zone and in the OCS.
</P>
<P><I>Material remains</I> mean physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which such evidence is situated.
</P>
<P><I>Minerals</I> mean oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from public lands as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
</P>
<P><I>Notice</I> means a written statement of intent to conduct geological or geophysical scientific research related to oil, gas, and sulphur in the OCS other than under a permit.
</P>
<P><I>Oil, gas, and sulphur</I> means oil, gas, sulphur, geopressured-geothermal, and associated resources.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Permit</I> means the contract or agreement, other than a lease, issued pursuant to this part, under which a person acquires the right to conduct on the OCS, in accordance with appropriate statutes, regulations, and stipulations:
</P>
<P>(1) Geological exploration for mineral resources;
</P>
<P>(2) Geophysical exploration for mineral resources;
</P>
<P>(3) Geological scientific research; or
</P>
<P>(4) Geophysical scientific research.
</P>
<P><I>Permittee</I> means the person authorized by a permit issued pursuant to this part to conduct activities on the OCS.
</P>
<P><I>Person</I> means a citizen or national of the United States; an alien lawfully admitted for permanent residence in the United States as defined in section 8 U.S.C. 1101(a)(20); a private, public, or municipal corporation organized under the laws of the United States or of any State or territory thereof; and associations of such citizens, nationals, resident aliens, or private, public, or municipal corporations, States, or political subdivisions of States or anyone operating in a manner provided for by treaty or other applicable international agreements. The term does not include Federal agencies.
</P>
<P><I>Processed geological or geophysical information</I> means data collected under a permit and later processed or reprocessed. Processing involves changing the form of data so as to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements. Reprocessing is the additional processing other than ordinary processing used in the general course of evaluation. Reprocessing operations may include varying identified parameters for the detailed study of a specific problem area. Reprocessing may occur several years after the original processing date. Reprocessing is determined to be completed on the date that the reprocessed information is first available in a useable format for in-house interpretation by BOEM or the permittee, or becomes first available to third parties via sale, trade, license agreement, or other means.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or a subordinate authorized to act on the Secretary's behalf.
</P>
<P><I>Shallow test drilling</I> means drilling into the sea bottom to depths less than those specified in the definition of a deep stratigraphic test.
</P>
<P><I>Significant archaeological resource</I> means those archaeological resources that meet the criteria of significance for eligibility to the National Register of Historic Places as defined in 36 CFR 60.4.
</P>
<P><I>Third Party</I> means any person other than the permittee or a representative of the United States, including all persons who obtain data or information acquired under a permit from the permittee, or from another third party, by sale, trade, license agreement, or other means.
</P>
<P><I>Violation</I> means a failure to comply with any provision of the Act, or a provision of a regulation or order issued under the Act, or any provision of a lease, license, or permit issued under the Act.
</P>
<P><I>You</I> means a person who applies for and/or obtains a permit, or files a Notice to conduct geological or geophysical exploration or scientific research related to oil, gas, and sulphur in the OCS.


</P>
</DIV8>


<DIV8 N="§ 551.2" NODE="30:2.0.3.5.3.0.239.2" TYPE="SECTION">
<HEAD>§ 551.2   Purpose of this part.</HEAD>
<P>(a) To allow you to conduct G&amp;G activities in the OCS related to oil, gas, and sulphur on unleased lands or on lands under lease to a third party.
</P>
<P>(b) To ensure that you carry out G&amp;G activities in a safe and environmentally sound manner so as to prevent harm or damage to, or waste of, any natural resources (including any mineral deposit in areas leased or not leased), any life (including fish and other aquatic life), property, or the marine, coastal, or human environment.
</P>
<P>(c) To inform you and third parties of your legal and contractual obligations.
</P>
<P>(d) To inform you and third parties of the U.S. Government's rights to access G&amp;G data and information collected under permit in the OCS, reimbursement for submittal of data and information, and the proprietary terms of data and information submitted to, and retained by, BOEM.


</P>
</DIV8>


<DIV8 N="§ 551.3" NODE="30:2.0.3.5.3.0.239.3" TYPE="SECTION">
<HEAD>§ 551.3   Authority and applicability of this part.</HEAD>
<P>BOEM authorizes you to conduct exploration or scientific research activities under this part in accordance with the Act, the regulations in this part, orders of the Director/Regional Director, and other applicable statutes, regulations, and amendments.
</P>
<P>(a) This part does not apply to G&amp;G exploration conducted by or on behalf of the lessee on a lease in the OCS. Refer to 30 CFR part 250 if you plan to conduct G&amp;G activities related to oil, gas, or sulphur under terms of a lease.
</P>
<P>(b) Federal agencies are exempt from the regulations in this part.
</P>
<P>(c) G&amp;G exploration or G&amp;G scientific research related to minerals other than oil, gas, and sulphur is covered by regulations at 30 CFR part 580.


</P>
</DIV8>


<DIV8 N="§ 551.4" NODE="30:2.0.3.5.3.0.239.4" TYPE="SECTION">
<HEAD>§ 551.4   Types of G&amp;G activities that require permits or Notices.</HEAD>
<P>(a) <I>Exploration.</I> You must have a BOEM-approved permit to conduct G&amp;G exploration, including deep stratigraphic tests, for oil, gas, or sulphur resources. If you conduct both geological and geophysical exploration, you must have a separate permit for each.
</P>
<P>(b) <I>Scientific research.</I> You may only conduct G&amp;G scientific research related to oil, gas, and sulphur in the OCS after you obtain a BOEM-approved permit or file a Notice.
</P>
<P>(1) <I>Permit.</I> You must obtain a permit if the research activities you propose to conduct involve:
</P>
<P>(i) Using solid or liquid explosives;
</P>
<P>(ii) Drilling a deep stratigraphic test; or
</P>
<P>(iii) Developing data and information for proprietary use or sale.
</P>
<P>(2) <I>Notice.</I> Any other G&amp;G scientific research that you conduct related to oil, gas, and sulphur in the OCS requires you to file a Notice with the Regional Director at least 30 days before you begin. If circumstances preclude a 30-day Notice, you must provide oral notification and followup in writing. You must also inform BOEM in writing when you conclude your work.


</P>
</DIV8>


<DIV8 N="§ 551.5" NODE="30:2.0.3.5.3.0.239.5" TYPE="SECTION">
<HEAD>§ 551.5   Applying for permits or filing Notices.</HEAD>
<P>(a) <I>Permits.</I> You must submit a signed original and three copies of the BOEM permit application form (Form BOEM-0327). The form includes names of persons; the type, location, purpose, and dates of activity; and environmental and other information. A nonrefundable service fee of $2,012 must be paid electronically through <I>Pay.gov</I> at: <I>https://www.pay.gov/paygov/,</I> and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your application.
</P>
<P>(b) <I>Disapproval of permit application.</I> If BOEM disapproves your application for a permit, the Regional Director will state the reasons for the denial and will advise you of the changes needed to obtain approval.
</P>
<P>(c) <I>Notices.</I> You must sign and date a Notice and state:
</P>
<P>(1) The name(s) of the person(s) who will conduct the proposed research;
</P>
<P>(2) The name(s) of any other person(s) participating in the proposed research, including the sponsor;
</P>
<P>(3) The type of research and a brief description of how you will conduct it;
</P>
<P>(4) The location in the OCS, indicated on a map, plat, or chart, where you will conduct research;
</P>
<P>(5) The proposed dates you project for your research activity to start and end;
</P>
<P>(6) The name, registry number, registered owner, and port of registry of vessels used in the operation;
</P>
<P>(7) The earliest practicable time you expect to make the data and information resulting from your research activity available to the public;
</P>
<P>(8) Your plan of how you will make the data and information you collected available to the public;
</P>
<P>(9) That you and others involved will not sell or withhold for exclusive use the data and information resulting from your research; and
</P>
<P>(10) At your option, you may submit (as a substitute for the material required in paragraphs (c)(7), (c)(8), and (c)(9) of this section) the nonexclusive use agreement for scientific research attachment to Form BOEM-0327.
</P>
<P>(d) <I>Filing locations.</I> You must apply for a permit or file a Notice at one of the following locations:
</P>
<P>(1) For the OCS off the State of Alaska—the Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska 99503.
</P>
<P>(2) For the OCS off the Atlantic Coast and in the Gulf of America—the Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Gulf of America OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394.
</P>
<P>(3) For the OCS off the coast of the States of California, Oregon, Washington, or Hawaii—the Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Pacific OCS Region, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, California 93010.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57096, Sept. 22, 2015; 90 FR 24071, June 6, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 551.6" NODE="30:2.0.3.5.3.0.239.6" TYPE="SECTION">
<HEAD>§ 551.6   Obligations and rights under a permit or a Notice.</HEAD>
<P>While conducting G&amp;G exploration or scientific research activities under BOEM permit or Notice:
</P>
<P>(a) You must not:
</P>
<P>(1) Interfere with or endanger operations under any lease, right-of-way, easement, right-of-use, Notice, or permit issued or maintained under the Act;
</P>
<P>(2) Cause harm or damage to life (including fish and other aquatic life), property, or to the marine, coastal, or human environment;
</P>
<P>(3) Cause harm or damage to any mineral resource (in areas leased or not leased);
</P>
<P>(4) Cause pollution;
</P>
<P>(5) Disturb archaeological resources;
</P>
<P>(6) Create hazardous or unsafe conditions; or
</P>
<P>(7) Unreasonably interfere with or cause harm to other uses of the area.
</P>
<P>(b) You must immediately report to the Regional Director if you:
</P>
<P>(1) Detect hydrocarbon occurrences;
</P>
<P>(2) Detect environmental hazards which imminently threaten life and property; or
</P>
<P>(3) Adversely affect the environment, aquatic life, archaeological resources, or other uses of the area where you are conducting exploration or scientific research activities.
</P>
<P>(c) You must also consult and coordinate your G&amp;G activities with other users of the area for navigation and safety purposes.
</P>
<P>(d) Any persons conducting shallow test drilling or deep stratigraphic test drilling activities under a permit must use the best available and safest technologies that the Regional Director determines to be economically feasible.
</P>
<P>(e) You may not claim any oil, gas, sulphur, or other minerals you discover while conducting operations under a permit or Notice.


</P>
</DIV8>


<DIV8 N="§ 551.7" NODE="30:2.0.3.5.3.0.239.7" TYPE="SECTION">
<HEAD>§ 551.7   Test drilling activities under a permit.</HEAD>
<P>(a) <I>Shallow test drilling.</I> Before you begin shallow test drilling under a permit, the Regional Director may require you to:
</P>
<P>(1) Gather and submit seismic, bathymetric, sidescan sonar, magnetometer, or other geophysical data and information to determine shallow structural detail across and in the vicinity of the proposed test.
</P>
<P>(2) Submit information for coastal zone consistency certification according to paragraphs (b)(3) and (4) of this section, and for protecting archaeological resources according to paragraph (b)(5) of this section.
</P>
<P>(3) Allow all interested parties the opportunity to participate in the shallow test according to paragraph (c) of this section, and meet bonding requirements according to paragraph (d) of this section.
</P>
<P>(b) <I>Deep stratigraphic tests.</I> You must submit to the appropriate BOEM or BSEE Regional Director, at the address in § 551.7(d), a drilling plan (submitted to BOEM), an environmental report (submitted to BOEM), an Application for Permit to Drill (Form BSEE-0123) (submitted to BSEE), and a Supplemental APD Information Sheet (Form BSEE-0123S) (submitted to BSEE) as follows:
</P>
<P>(1<I>) Drilling plan.</I> The drilling plan must include:
</P>
<P>(i) The proposed type, sequence, and timetable of drilling activities;
</P>
<P>(ii) A description of your drilling rig, indicating the important features with special attention to safety, pollution prevention, oil-spill containment and cleanup plans, and onshore disposal procedures;
</P>
<P>(iii) The location of each deep stratigraphic test you will conduct, including the location of the surface and projected bottomhole of the borehole;
</P>
<P>(iv) The types of geological and geophysical survey instruments you will use before and during drilling;
</P>
<P>(v) Seismic, bathymetric, sidescan sonar, magnetometer, or other geophysical data and information sufficient to evaluate seafloor characteristics, shallow geologic hazards, and structural detail across and in the vicinity of the proposed test to the total depth of the proposed test well; and
</P>
<P>(vi) Other relevant data and information that the BOEM Regional Director requires.
</P>
<P>(2) <I>Environmental report.</I> The environmental report must include all of the following material:
</P>
<P>(i) A summary with data and information available at the time you submitted the related drilling plan. BOEM will consider site-specific data and information developed since the most recent environmental impact statement or other environmental impact analysis in the immediate area. The summary must meet the following requirements:
</P>
<P>(A) You must concentrate on the issues specific to the site(s) of drilling activity. However, you only need to summarize data and information discussed in any environmental reports, analyses, or impact statements prepared for the geographic area of the drilling activity.
</P>
<P>(B) You must list referenced material. Include brief descriptions and a statement of where the material is available for inspection.
</P>
<P>(C) You must refer only to data that are available to BOEM.
</P>
<P>(ii) Details about your project such as:
</P>
<P>(A) A list and description of new or unusual technologies;
</P>
<P>(B) The location of travel routes for supplies and personnel;
</P>
<P>(C) The kinds and approximate levels of energy sources;
</P>
<P>(D) The environmental monitoring systems; and
</P>
<P>(E) Suitable maps and diagrams showing details of the proposed project layout.
</P>
<P>(iii) A description of the existing environment. For this section, you must include the following information on the area:
</P>
<P>(A) Geology;
</P>
<P>(B) Physical oceanography;
</P>
<P>(C) Other uses of the area;
</P>
<P>(D) Flora and fauna;
</P>
<P>(E) Existing environmental monitoring systems; and
</P>
<P>(F) Other unusual or unique characteristics that may affect or be affected by the drilling activities.
</P>
<P>(iv) A description of the probable impacts of the proposed action on the environment and the measures you propose for mitigating these impacts.
</P>
<P>(v) A description of any unavoidable or irreversible adverse effects on the environment that could occur.
</P>
<P>(vi) Other relevant data that the BOEM Regional Director requires.
</P>
<P>(3) <I>Copies for coastal States.</I> You must submit copies of the drilling plan and environmental report to the BOEM Regional Director for transmittal to the Governor of each affected coastal State and the coastal zone management agency of each affected coastal State that has an approved program under the Coastal Zone Management Act. (BOEM Regional Director will make the drilling plan and environmental report available to appropriate Federal agencies and the public according to the Department of the Interior's policies and procedures).
</P>
<P>(4) <I>Certification of coastal zone management program consistency and State concurrence.</I> When required under an approved coastal zone management program of an affected State, your drilling plan must include a certification that the proposed activities described in the plan comply with enforceable policies of, and will be conducted in a manner consistent with such State's program. BOEM Regional Director may not approve any of the activities described in the drilling plan unless the State concurs with the consistency certification or the Secretary of Commerce makes the finding authorized by section 307(c)(3)(B)(iii) of the Coastal Zone Management Act.
</P>
<P>(5) <I>Protecting archaeological resources.</I> If the Regional Director believes that an archaeological resource may exist in the area that may be affected by drilling, the Regional Director will notify you of the need to prepare an archaeological report.
</P>
<P>(i) If the evidence suggests that an archaeological resource may be present, you must:
</P>
<P>(A) Locate the site of the drilling so as to not adversely affect the area where the archaeological resources may be, or
</P>
<P>(B) Establish to the satisfaction of the BOEM Regional Director that an archaeological resource does not exist or will not be adversely affected by drilling. This must be done by further archaeological investigation, conducted by an archaeologist and a geophysicist, using survey equipment and techniques deemed necessary by the Regional Director. A report on the investigation must be submitted to the BOEM Regional Director for review.
</P>
<P>(ii) If the BOEM Regional Director determines that an archaeological resource is likely to be present in the area that may be affected by drilling, and may be adversely affected by drilling, the BOEM Regional Director will notify you immediately. You must take no action that may adversely affect the archaeological resource unless an investigation by BOEM determines that the resource is not archaeologically significant.
</P>
<P>(iii) If you discover any archaeological resource while drilling, you must immediately halt drilling and report the discovery to the BOEM Regional Director. If investigations determine that the resource is significant, the BOEM Regional Director will inform you how to protect it.
</P>
<P>(6) [Reserved]
</P>
<P>(7) <I>Revising an approved drilling plan.</I> Before you revise an approved drilling plan, you must obtain the BOEM Regional Director's approval.
</P>
<P>(8) [Reserved]
</P>
<P>(9) <I>Deadline for completing a deep stratigraphic test.</I> If your deep stratigraphic test well is within 50 geographic miles of a tract that BOEM has identified for a future lease sale, as listed on the currently approved OCS leasing schedule, you must complete all drilling activities and submit the data and information to the BOEM Regional Director at least 60 days before the first day of the month in which BOEM schedules the lease sale. However, the BOEM Regional Director may extend your permit duration to allow you to complete drilling activities and submit data and information if the extension is in the National interest.
</P>
<P>(c) <I>Group participation in test drilling.</I> BOEM encourages group participation for deep stratigraphic tests.
</P>
<P>(1) <I>Purpose of group participation.</I> The purpose is to minimize duplicative G&amp;G activities involving drilling into the seabed of the OCS.
</P>
<P>(2) <I>Providing opportunity for participation in a deep stratigraphic test.</I> When you propose to drill a deep stratigraphic test, you must give all interested persons an opportunity to participate in the test drilling through a signed agreement on a cost-sharing basis. You may include a penalty for late participation of not more than 100 percent of the cost to each original participant in addition to the original share cost.
</P>
<P>(i) The participants must assess and distribute late participation penalties in accordance with the terms of the agreement.
</P>
<P>(ii) For a significant hydrocarbon occurrence that the Regional Director announces to the public, the penalty for subsequent late participants may be raised to not more than 300 percent of the cost of each original participant in addition to the original share cost.
</P>
<P>(3) <I>Providing opportunity for participation in a shallow test drilling project.</I> When you apply to conduct shallow test drilling activities, you must, if ordered by the Regional Director or required by the permit, give all interested persons an opportunity to participate in the test activity on a cost-sharing basis. You may include a penalty provision for late participation of not more than 50 percent of the cost to each original participant in addition to the original share cost.
</P>
<P>(4) <I>Procedures for group participation in drilling activities.</I> You must:
</P>
<P>(i) Publish a summary statement that describes the approved activity in a relevant trade publication;
</P>
<P>(ii) Forward a copy of the published statement to the Regional Director;
</P>
<P>(iii) Allow at least 30 days from the summary statement publication date for other persons to join as original participants;
</P>
<P>(iv) Compute the estimated cost by dividing the estimated total cost of the program by the number of original participants; and
</P>
<P>(v) Furnish the Regional Director with a complete list of all participants before starting operations, or at the end of the advertising period if you begin operations before the advertising period is over. The names of any subsequent or late participants must also be furnished to the Regional Director.
</P>
<P>(5) <I>Changes to the original application for test drilling.</I> If you propose changes to the original application and the Regional Director determines that the changes are significant, the Regional Director will require you to publish the changes for an additional 30 days to give other persons a chance to join as original participants.
</P>
<P>(d) <I>Bonding requirements.</I> You must submit a bond under this part before you may start a deep stratigraphic test.
</P>
<P>(1) Before BOEM issues a permit authorizing the drilling of a deep stratigraphic test, you must either:
</P>
<P>(i) Furnish to BOEM a bond of not less than $200,000 that guarantees compliance with all the terms and conditions of the permit; or
</P>
<P>(ii) Maintain a $1 million bond that guarantees compliance with all the terms and conditions of the permit you hold for the OCS area where you propose to drill.
</P>
<P>(2) You must provide additional security to BOEM if the Regional Director determines that it is necessary for the permit or area.
</P>
<P>(3) The Regional Director may require you to provide a bond, in an amount the Regional Director prescribes, before authorizing you to drill a shallow test well.
</P>
<P>(4) Your bond must be on a form approved by the Deputy Director.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57097, Sept. 22, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 551.8" NODE="30:2.0.3.5.3.0.239.8" TYPE="SECTION">
<HEAD>§ 551.8   Inspection and reporting requirements for activities under a permit.</HEAD>
<P>(a) <I>Inspection of permit activities.</I> You must allow BOEM representatives to inspect your exploration or scientific research activities under a permit. They will determine whether operations are adversely affecting the environment, aquatic life, archaeological resources, or other uses of the area. BOEM will reimburse you for food, quarters, and transportation that you provide for BOEM representatives if you send in your reimbursement request to the Region that issued the permit within 90 days of the inspection.
</P>
<P>(b) <I>Approval for modifications.</I> Before you begin modified operations, you must submit a written request describing the modifications and receive the Regional Director's oral or written approval. If circumstances preclude a written request, you must make an oral request and follow up in writing.
</P>
<P>(c) <I>Reports.</I> (1) You must submit status reports on a schedule specified in the permit and include a daily log of operations.
</P>
<P>(2) You must submit a final report of exploration or scientific research activities under a permit within 30 days after the completion of acquisition activities under the permit. You may combine the final report with the last status report and must include each of the following:
</P>
<P>(i) A description of the work performed.
</P>
<P>(ii) Charts, maps, plats, and digital navigational data in a format specified by the Regional Director, showing the areas and blocks in which any exploration or permitted scientific research activities were conducted. Identify the lines of geophysical traverses and their locations including a reference sufficient to identify the data produced during each activity.
</P>
<P>(iii) The dates on which you conducted the actual exploration or scientific research activities.
</P>
<P>(iv) A summary of any:
</P>
<P>(A) Hydrocarbon or sulphur occurrences encountered;
</P>
<P>(B) Environmental hazards; and
</P>
<P>(C) Adverse effects of the exploration or scientific research activities on the environment, aquatic life, archaeological resources, or other uses of the area in which the activities were conducted.
</P>
<P>(v) Other descriptions of the activities conducted as specified by the Regional Director.


</P>
</DIV8>


<DIV8 N="§ 551.9" NODE="30:2.0.3.5.3.0.239.9" TYPE="SECTION">
<HEAD>§ 551.9   Temporarily stopping, canceling, or relinquishing activities approved under a permit.</HEAD>
<P>(a) BOEM may temporarily stop exploration or scientific research activities under a permit when the Regional Director determines that:
</P>
<P>(1) Activities pose a threat of serious, irreparable, or immediate harm. This includes damage to life (including fish and other aquatic life), property, any mineral deposit (in areas leased or not leased), to the marine, coastal, or human environment, or to an archaeological resource;
</P>
<P>(2) You failed to comply with any applicable law, regulation, order, or provision of the permit. This would include BOEM's required submission of reports, well records or logs, and G&amp;G data and information within the time specified; or
</P>
<P>(3) Stopping the activities is in the interest of National security or defense.
</P>
<P>(b) <I>Procedures to temporarily stop activities.</I> (1) The Regional Director will advise you either orally or in writing. BOEM will confirm an oral notification in writing and deliver all written notifications by courier or certified or registered mail. You must halt all activities under a permit as soon as you receive an oral or written notification.
</P>
<P>(2) The Regional Director will advise you when you may start your permit activities again.
</P>
<P>(c) <I>Procedure to cancel or relinquish a permit.</I> The Regional Director may cancel, or a permittee may relinquish, a permit at any time.
</P>
<P>(1) If BOEM cancels your permit, the Regional Director will advise you by certified or registered mail 30 days before the cancellation date and will state the reason.
</P>
<P>(2) You may relinquish the permit by advising the Regional Director by certified or registered mail 30 days in advance.
</P>
<P>(3) After BOEM cancels your permit or you relinquish it, you are still responsible for proper abandonment of any drill sites in accordance with the requirements of 30 CFR 251.7(b)(8). You must also comply with all other obligations specified in this part or in the permit.


</P>
</DIV8>


<DIV8 N="§ 551.10" NODE="30:2.0.3.5.3.0.239.10" TYPE="SECTION">
<HEAD>§ 551.10   Penalties and appeals.</HEAD>
<P>(a) <I>Penalties for noncompliance under a permit issued by BOEM.</I> You are subject to the penalty provisions of:
</P>
<P>(1) Section 24 of the Act (43 U.S.C. 1350); and
</P>
<P>(2) The procedures contained in 30 CFR part 550, subpart N, for noncompliance with:
</P>
<P>(i) Any provision of the Act;
</P>
<P>(ii) Any provision of a G&amp;G or drilling permit; or
</P>
<P>(iii) Any regulation or order issued under the Act.
</P>
<P>(b) <I>Penalties under other laws and regulations.</I> The penalties prescribed in this section are in addition to any other penalty imposed by any other law or regulation.
</P>
<P>(c) <I>Procedures to appeal orders or decisions BOEM issues.</I> See 30 CFR part 590 for instructions on how to appeal any order or decision that we issue under this part.


</P>
</DIV8>


<DIV8 N="§ 551.11" NODE="30:2.0.3.5.3.0.239.11" TYPE="SECTION">
<HEAD>§ 551.11   Submission, inspection, and selection of geological data and information collected under a permit and processed by permittees or third parties.</HEAD>
<P>(a) <I>Availability of geological data and information collected under a permit.</I> (1) You must notify the Regional Director, in writing, when you complete the initial analysis, processing, or interpretation of any geological data and information. Initial analysis and processing are the stages of analysis or processing where the data and information first become available for in-house interpretation by the permittee, or become available commercially to third parties via sale, trade, license agreement, or other means.
</P>
<P>(2) The Regional Director may ask if you have further analyzed, processed, or interpreted any geological data and information. When so asked, you must respond to BOEM in writing within 30 days.
</P>
<P>(b) <I>Submission, inspection, and selection of geological data and information.</I> The Regional Director may request the permittee or third party to submit the analyzed, processed, and interpreted geologic data and information for inspection and/or permanent retention by BOEM. The data and information must be submitted within 30 days after such request.
</P>
<P>(c) <I>Requirements for submission of geological data and information collected under a permit.</I> Unless the Regional Director specifies otherwise, geological data and information must include:
</P>
<P>(1) An accurate and complete record of all geological (including geochemical) data and information describing each operation of analysis, processing, and interpretation;
</P>
<P>(2) Paleontological reports identifying microscopic fossils by depth, including the reference datum to which paleontological sample depths are related and, if the Regional Director requests, washed samples that you maintain for paleontological determinations;
</P>
<P>(3) Copies of well logs or charts in a digital format, if available;
</P>
<P>(4) Results and data obtained from formation fluid tests;
</P>
<P>(5) Analyses of core or bottom samples and/or a representative cut or split of the core or bottom sample;
</P>
<P>(6) Detailed descriptions of any hydrocarbons or hazardous conditions encountered during operations, including near losses of well control, abnormal geopressures, and losses of circulation; and
</P>
<P>(7) Other geological data and information that the Regional Director may specify.
</P>
<P>(d) <I>Obligations when geological data and information collected under permit are obtained by a third party.</I> A third party may obtain geological data and information from a permittee, or from another third party, by sale, trade, license agreement, or other means. If this happens:
</P>
<P>(1) The third party recipient of the data and information assumes the obligations under this section, except for the notification provisions of paragraph (a)(1), and is subject to the penalty provisions of 30 CFR part 550, subpart N; and
</P>
<P>(2) A permittee or third party that sells, trades, licenses, or otherwise provides data and information to a third party must advise the recipient, in writing, that accepting these obligations is a condition precedent of the sale, trade, license, or other agreement; and
</P>
<P>(3) Except for license agreements, a permittee or third party that sells, trades, or otherwise provides data and information to a third party must advise the Regional Director, in writing and within 30 days, of the sale, trade, or other agreement, including the identity of the recipient of the data and information; or
</P>
<P>(4) For license agreements a permittee or third party that licenses data and information to a third party must, within 30 days of a request by the Regional Director, advise the Regional Director, in writing, of the license agreement, including the identity of the recipient of the data and information.


</P>
</DIV8>


<DIV8 N="§ 551.12" NODE="30:2.0.3.5.3.0.239.12" TYPE="SECTION">
<HEAD>§ 551.12   Submission, inspection, and selection of geophysical data and information collected under a permit and processed by permittees or third parties.</HEAD>
<P>(a) <I>Availability of geophysical data and information collected under a permit.</I> (1) You must notify the Regional Director, in writing, when you complete the initial processing and interpretation of any geophysical data and information. Initial processing is the stage of processing where the data and information become available for in-house interpretation by the permittee, or become available commercially to third parties via sale, trade, license agreement, or other means.
</P>
<P>(2) The Regional Director may ask if you have further processed or interpreted any geophysical data and information. When so asked, you must respond to BOEM in writing within 30 days.
</P>
<P>(b) <I>Submission, inspection and selection of geophysical data and information collected under a permit.</I> The Regional Director may request that the permittee or third party submit geophysical data and information before making a final selection for retention. BOEM representatives may inspect and select the data and information on your premises, or the Regional Director can request delivery of the data and information to the appropriate BOEM regional office for review.
</P>
<P>(1) You must submit the geophysical data and information within 30 days of receiving the request, unless the Regional Director extends the delivery time.
</P>
<P>(2) At any time before final selection, the Regional Director may return any or all geophysical data and information following review. You will be notified in writing of all or portions of those data the Regional Director decides to retain.
</P>
<P>(c) <I>Requirements for submission of geophysical data and information collected under a permit.</I> Unless the Regional Director specifies otherwise, you must include:
</P>
<P>(1) An accurate and complete record of each geophysical survey conducted under the permit, including digital navigational data and final location maps;
</P>
<P>(2) All seismic data collected under a permit presented in a format and of a quality suitable for processing;
</P>
<P>(3) Processed geophysical information derived from seismic data with extraneous signals and interference removed, presented in a quality format suitable for interpretive evaluation, reflecting state-of-the-art processing techniques; and
</P>
<P>(4) Other geophysical data, processed geophysical information, and interpreted geophysical information including, but not limited to, shallow and deep subbottom profiles, bathymetry, sidescan sonar, gravity and magnetic surveys, and special studies such as refraction and velocity surveys.
</P>
<P>(d) <I>Obligations when geophysical data and information collected under a permit are obtained by a third party.</I> A third party may obtain geophysical data, processed geophysical information, or interpreted geophysical information from a permittee, or from another third party, by sale, trade, license agreement, or other means. If this happens:
</P>
<P>(1) The third party recipient of the data and information assumes the obligations under this section, except for the notification provisions of paragraph (a)(1), and is subject to the penalty provisions of 30 CFR part 550, subpart N; and
</P>
<P>(2) A permittee or third party that sells, trades, licenses, or otherwise provides data and information to a third party must advise the recipient, in writing, that accepting these obligations is a condition precedent of the sale, trade, license, or other agreement; and
</P>
<P>(3) Except for license agreements, a permittee or third party that sells, trades, or otherwise provides data and information to a third party must advise the Regional Director, in writing and within 30 days, of the sale, trade, or other agreement, including the identity of the recipient of the data and information; or
</P>
<P>(4) For license agreements, a permittee or third party that licenses data and information to a third party must, within 30 days of a request by the Regional Director, advise the Regional Director, in writing, of the license agreement, including the identity of the recipient of the data and information.


</P>
</DIV8>


<DIV8 N="§ 551.13" NODE="30:2.0.3.5.3.0.239.13" TYPE="SECTION">
<HEAD>§ 551.13   Reimbursement for the costs of reproducing data and information and certain processing costs.</HEAD>
<P>(a) BOEM will reimburse you or a third party for reasonable costs of reproducing data and information that the Regional Director requests if:
</P>
<P>(1) You deliver G&amp;G data and information to BOEM for the Regional Director to inspect or select and retain (according to § 551.11 or § 551.12);
</P>
<P>(2) BOEM receives your request for reimbursement and the Regional Director determines that the requested reimbursement is proper; and
</P>
<P>(3) The cost is at your lowest rate (or a third party's) or at the lowest commercial rate established in the area, whichever is less.
</P>
<P>(b) BOEM will reimburse you or the third party for the reasonable costs of processing geophysical information (which does not include cost of data acquisition):
</P>
<P>(1) If, at the request of the Regional Director, you processed the geophysical data or information in a form or manner other than that used in the normal conduct of business; or
</P>
<P>(2) If you collected the information under a permit that BOEM issued to you before October 1, 1985, and the Regional Director requests and retains the information.
</P>
<P>(c) When you request reimbursement, you must identify reproduction and processing costs separately from acquisition costs.
</P>
<P>(d) BOEM will not reimburse you or a third party for data acquisition costs or for the costs of analyzing or processing geological information or interpreting geological or geophysical information.


</P>
</DIV8>


<DIV8 N="§ 551.14" NODE="30:2.0.3.5.3.0.239.14" TYPE="SECTION">
<HEAD>§ 551.14   Protecting and disclosing data and information submitted to BOEM under a permit.</HEAD>
<P>(a) <I>Disclosure of data and information to the public by BOEM.</I> (1) In making data and information available to the public, the Regional Director will follow the applicable requirements of:
</P>
<P>(i) The Freedom of Information Act (5 U.S.C. 552);
</P>
<P>(ii) The implementing regulations at 43 CFR part 2;
</P>
<P>(iii) The Act; and
</P>
<P>(iv) The regulations at 30 CFR parts 550 and 552.
</P>
<P>(2) Except as specified in this section or in 30 CFR parts 550 and 552, if the Regional Director determines any data or information is exempt from public disclosure under this paragraph (a), BOEM will not provide the data and information to any State or to the executive of any local government or to the public, unless you and all third parties agree to the disclosure.
</P>
<P>(3) BOEM will keep confidential the identity of third party recipients of data and information collected under a permit. BOEM will not release the identity unless you and the third parties agree to the disclosure.
</P>
<P>(4) When you detect any significant hydrocarbon occurrences or environmental hazards on unleased lands during drilling operations, the Regional Director will immediately issue a public announcement. The announcement must further the National interest, but without unduly damaging your competitive position.
</P>
<P>(b) <I>Timetable for release of G&amp;G data and information related to oil, gas, and sulphur that BOEM acquires.</I> Except for high-resolution data and information released under 30 CFR 550.197(b)(2), BOEM will release or disclose acquired data and information in accordance with paragraphs (b)(1) through (7) of this section.
</P>
<P>(1) If the data and information are not related to a deep stratigraphic test, BOEM will release them to the public in accordance with the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you or a third party submit and BOEM retains . . .
</TH><TH class="gpotbl_colhed" scope="col">The Regional Director will release them to the public . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Geological data and information,</TD><TD align="left" class="gpotbl_cell">10 years after BOEM issued the permit.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Geophysical data,</TD><TD align="left" class="gpotbl_cell">50 years after BOEM issued the permit.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) Geophysical information processed or reprocessed less than 20 years after BOEM issued the germane permit,</TD><TD align="left" class="gpotbl_cell">25 years after BOEM issued the permit.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) Geophysical information processed or reprocessed 20 or more years after BOEM issued the germane permit,</TD><TD align="left" class="gpotbl_cell">25 years after BOEM issued the permit; or, if you or a third party applied for an extension of the proprietary term, 5 years after BOEM approved the application for an extension. In any case BOEM will release the information no later than 50 years after BOEM issued the permit.</TD></TR></TABLE></DIV></DIV>
<P>(2) Permittees and third parties may apply to BOEM for an extension of the 25-year proprietary term for geophysical information reprocessed 20 or more years after BOEM issued the germane permit. You must submit the application to BOEM within 90 days after completion of the reprocessing. Filing locations are listed in § 551.5(d). Your application must include:
</P>
<P>(i) Name and address of the permittee or third party;
</P>
<P>(ii) Product name;
</P>
<P>(iii) Identification of the geophysical information area;
</P>
<P>(iv) Identification of originating permit number and date;
</P>
<P>(v) Description of reprocessing performed;
</P>
<P>(vi) Identification of the date of completion of reprocessing the geophysical information;
</P>
<P>(vii) Certification that the product meets the definition of processed geophysical information and that all other information in the application is accurate; and
</P>
<P>(viii) Signature and date.


</P>
<P>(3) With each new reprocessing of permitted data, you may apply for an extension of up to 5 years. However, the maximum proprietary term for geophysical information is 50 years after the permit was issued. Once the maximum term is reached, the BOEM Regional Director will release the information to the public.
</P>
<P>(4) Geophysical information processed or reprocessed 20 or more years after the germane permit was issued and granted the extension will be subject to submission, inspection, and selection criteria under § 551.12 and reimbursement criteria identified under § 551.13.
</P>
<P>(5)-(6) [Reserved]
</P>
<P>(7) If the data and information are related to a deep stratigraphic test, BOEM will release them to the public at the earlier of the following times:
</P>
<P>(i) Twenty-five years after you complete the test; or
</P>
<P>(ii) If a lease sale is held after you complete a test well, 60-calendar days after BOEM issues the first lease, any portion of which is located within 50 geographic miles (92.7 kilometers) of the test.
</P>
<P>(8) BOEM may allow limited inspection, but only by persons with a direct interest in related BOEM decisions and issues in specific geographic areas, and who agree in writing to its confidentiality, of G&amp;G data and information submitted under this part that BOEM uses to:
</P>
<P>(i) Make unitization determinations on two or more leases;
</P>
<P>(ii) Make competitive reservoir determinations;
</P>
<P>(iii) Ensure proper plans of development for competitive reservoirs;
</P>
<P>(iv) Promote operational safety;
</P>
<P>(v) Protect the environment;
</P>
<P>(vi) Make field determinations; or
</P>
<P>(vii) Determine eligibility for royalty relief.
</P>
<P>(c) <I>Procedure that BOEM follows to disclose acquired data and information to a contractor for reproduction, processing, and interpretation.</I> (1) When practical, the Regional Director will advise the person who submitted data and information under § 551.11 or § 551.12 of the intent to disclose the data or information to an independent contractor or agent.
</P>
<P>(2) The person so notified will have at least 5 working days to comment on the action.
</P>
<P>(3) When the Regional Director advises the person who submitted the data and information, all other owners of the data or information will be considered to have been so notified.
</P>
<P>(4) Before disclosure, the contractor or agent must sign a written commitment not to sell, trade, license, or disclose data or information to anyone without the Regional Director's consent.
</P>
<P>(d) <I>Sharing data and information with coastal States.</I> (1) When BOEM solicits nominations for leasing lands located within 3 geographic miles (5.6 kilometers) of the seaward boundary of any coastal State, the Regional Director, in accordance with 30 CFR 552.7(a)(4) and (b) and subsections 8(g) and 26(e) of the Act (43 U.S.C. 1337(g) and 1352(e)), will provide the Governor with:
</P>
<P>(i) All information on the geographical, geological, and ecological characteristics of the areas and regions BOEM proposes to offer for lease;
</P>
<P>(ii) An estimate of the oil and gas reserves in the areas proposed for leasing; and
</P>
<P>(iii) An identification of any field, geological structure, or trap on the OCS within 3 geographic miles (5.6 kilometers) of the seaward boundary of the State.
</P>
<P>(2) After receiving nominations for leasing an area of the OCS within 3 geographic miles of the seaward boundary of any coastal State, BOEM will carry out a tentative area identification according to 30 CFR part 556, subparts D and E. At that time, the Regional Director will consult with the Governor to determine whether any tracts further considered for leasing may contain any oil or gas reservoirs that underlie both the OCS and lands subject to the jurisdiction of the State.
</P>
<P>(3) Before a sale, if a Governor requests, the Regional Director, in accordance with 30 CFR 552.7(a)(4) and (b) and sections 8(g) and 26(e) of the Act (43 U.S.C. 1337(g) and 1352(e)), will share with the Governor information that identifies potential and/or proven common hydrocarbon bearing areas within 3 geographic miles of the seaward boundary of that State.
</P>
<P>(4) Information received and knowledge gained by a State official under paragraph (d) of this section is subject to applicable confidentiality requirements of:
</P>
<P>(i) The Act; and
</P>
<P>(ii) The regulations at 30 CFR parts 550, 551, and 552.


</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 90 FR 38707, Aug. 12, 2025; 90 FR 46056, Sept. 25, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 551.15" NODE="30:2.0.3.5.3.0.239.15" TYPE="SECTION">
<HEAD>§ 551.15   Authority for information collection.</HEAD>
<P>(a) The Office of Management and Budget has approved the information collection requirements in this part under 44 U.S.C. 3501 <I>et seq.</I> and assigned OMB control number 1010-0048. The title of this information collection is “30 CFR part 551, Geological and Geophysical (G&amp;G) Explorations of the OCS.”
</P>
<P>(b) We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(c) We use the information collected under this part to:
</P>
<P>(1) Evaluate permit applications and monitor scientific research activities for environmental and safety reasons.
</P>
<P>(2) Determine that explorations do not harm resources, result in pollution, create hazardous or unsafe conditions, or interfere with other users in the area.
</P>
<P>(3) Approve reimbursement of certain expenses.
</P>
<P>(4) Monitor the progress and activities carried out under an OCS G&amp;G permit.
</P>
<P>(5) Inspect and select G&amp;G data and information collected under an OCS G&amp;G permit.
</P>
<P>(d) Respondents are Federal OCS permittees and Notice filers. Responses are mandatory or are required to obtain or retain a benefit. We will protect information considered proprietary under applicable law and under regulations at § 551.14 and part 550 of this chapter.
</P>
<P>(e) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57097, Sept. 22, 2015]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="552" NODE="30:2.0.3.5.4" TYPE="PART">
<HEAD>PART 552—OUTER CONTINENTAL SHELF (OCS) OIL AND GAS INFORMATION PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>OCS Lands Act, 43 U.S.C. 1331 <I>et seq.,</I> as amended, 92 Stat. 629; Freedom of Information Act, 5 U.S.C. 552; § 252.3 also issued under Pub. L. 99-190 making continuing appropriations for Fiscal Year 1986, and for other purposes.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 552.1" NODE="30:2.0.3.5.4.0.239.1" TYPE="SECTION">
<HEAD>§ 552.1   Purpose.</HEAD>
<P>The purpose of this part is to implement the provisions of section 26 of the Act (43 U.S.C. 1352). This part supplements the procedures and requirements contained in 30 CFR parts 250, 251, 550, and 551 and provides procedures and requirements for the submission of oil and gas data and information resulting from exploration, development, and production operations on the Outer Continental Shelf (OCS) to the Director, Bureau of Ocean Energy Management. In addition, this part establishes procedures for the Director to make available certain information to the Governors of affected States and, upon request, to the executives of affected local governments in accordance with the provisions of the Freedom of Information Act and the Act.


</P>
</DIV8>


<DIV8 N="§ 552.2" NODE="30:2.0.3.5.4.0.239.2" TYPE="SECTION">
<HEAD>§ 552.2   Definitions.</HEAD>
<P>When used in the regulations in this part, the following terms shall have the meanings given below:
</P>
<P><I>Act</I> refers to the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Affected local government</I> means the principal governing body of a locality which is in an affected State and is identified by the Governor of that State as a locality which will be significantly affected by oil and gas activities on the OCS.
</P>
<P><I>Affected State</I> means, with respect to any program, plan, lease sale, or other activity, proposed, conducted, or approved pursuant to the provisions of the Act, any State:
</P>
<P>(1) The laws of which are declared, pursuant to section 4(a)(2)(A) of the Act, to be the law of the United States for the portion of the OCS on which such activity is, or is proposed to be, conducted;
</P>
<P>(2) Which is, or is proposed to be, directly connected by transportation facilities to any artificial island or installations and other devices permanently, or temporarily attached to the seabed;
</P>
<P>(3) Which is receiving, or in accordance with the proposed activity will receive, oil for processing, refining, or transshipment which was extracted from the OCS and transported directly to such State by means of vessels or by a combination of means including vessels;
</P>
<P>(4) Which is designated by the Director as a State in which there is a substantial probability of significant impact on or damage to the coastal, marine, or human environment, or a State in which there will be significant changes in the social, governmental, or economic infrastructure, resulting from the exploration, development, and production of oil and gas anywhere on the OCS; or
</P>
<P>(5) In which the Director finds that because of such activity there is, or will be, a significant risk of serious damage, due to factors such as prevailing winds and currents, to the marine or coastal environment in the event of any oilspill, blowout, or release of oil or gas from vessels, pipelines, or other transshipment facilities.
</P>
<P><I>Analyzed geological information</I> means data collected under a permit or a lease which have been analyzed. Analysis may include, but is not limited to, identification of lithologic and fossil content, core analyses, laboratory analyses of physical and chemical properties, logs or charts of electrical, radioactive, sonic, and other well logs, and descriptions of hydrocarbon shows or hazardous conditions.
</P>
<P><I>Area adjacent to a State</I> means all of that portion of the OCS included within a planning area if such planning area is bordered by that State. The portion of the OCS in the Navarin Basin Planning Area is deemed to be adjacent to the State of Alaska. The States of New York and Rhode Island are deemed to be adjacent to both the Mid-Atlantic Planning Area and the North Atlantic Planning Area.
</P>
<P><I>Data</I> means facts and statistics or samples which have not been analyzed or processed.
</P>
<P><I>Development</I> means those activities which take place following discovery of oil or natural gas in paying quantities, including geophysical activity, drilling, platform construction, and operation of all onshore support facilities, and which are for the purpose of ultimately producing the oil and gas discovered.
</P>
<P><I>Director</I> means the Director of the Bureau of Ocean Energy Management of the U.S. Department of the Interior or a designee of the Director.
</P>
<P><I>Exploration</I> means the process of searching for oil and natural gas, including:
</P>
<P>(1) Geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such oil or natural gas, and
</P>
<P>(2) Any drilling, whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any additional delineation well after such discovery which is needed to delineate any reservoir and to enable the lessee to determine whether to proceed with development and production.
</P>
<P><I>Governor</I> means the Governor of a State, or the person or entity designated by, or pursuant to, State law to exercise the powers granted to a Governor pursuant to the Act.
</P>
<P><I>Information,</I> when used without a qualifying adjective, includes analyzed geological information, processed geophysical information, interpreted geological information, and interpreted geophysical information.
</P>
<P><I>Interpreted geological information</I> means knowledge, often in the form of schematic cross sections and maps, developed by determining the geological significance of data and analyzed geological information.
</P>
<P><I>Interpreted geophysical information</I> means knowledge, often in the form of schematic cross sections and maps, developed by determining the geological significance of geophysical data and processed geophysical information.
</P>
<P><I>Lease</I> means any form of authorization which is issued under section 8 or maintained under section 6 of the Act and which authorizes exploration for, and development and production of, oil or natural gas, or the land covered by such authorization, whichever is required by the context.
</P>
<P><I>Lessee</I> means the party authorized by a lease, or an approved assignment thereof, to explore for and develop and produce the leased deposits in accordance with the regulations in part 550 of this chapter, including all parties holding such authority by or through the lessee.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands which lie seaward and outside of the area of lands beneath navigable waters as defined in the Submerged Lands Act (67 Stat. 29) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Permittee</I> means the party authorized by a permit issued pursuant to part 551 of this chapter to conduct activities on the OCS.
</P>
<P><I>Processed geophysical information</I> means data collected under a permit or a lease which have been processed. Processing involves changing the form of data so as to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements.
</P>
<P><I>Production</I> means those activities which take place after the successful completion of any means for the removal of oil or natural gas, including such removal, field operations, transfer of oil or natural gas to shore, operation monitoring, maintenance, and workover drilling.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or a designee of the Secretary.


</P>
</DIV8>


<DIV8 N="§ 552.3" NODE="30:2.0.3.5.4.0.239.3" TYPE="SECTION">
<HEAD>§ 552.3   Oil and gas data and information to be provided for use in the OCS Oil and Gas Information Program.</HEAD>
<P>(a) Any permittee or lessee engaging in the activities of exploration for, or development and production of, oil and gas on the OCS shall provide the Director access to all data and information obtained or developed as a result of such activities, including geological data, geophysical data, analyzed geological information, processed and reprocessed geophysical information, interpreted geophysical information, and interpreted geological information. Copies of these data and information and any interpretation of these data and information shall be provided to the Director upon request. No permittee or lessee submitting an interpretation of data or information, where such interpretation has been submitted in good faith, shall be held responsible for any consequence of the use of or reliance upon such interpretation.
</P>
<P>(b)(1) Whenever a lessee or permittee provides any data or information, at the request of the Director and specifically for use in the OCS Oil and Gas Information Program in a form and manner of processing which is utilized by the lessee or permittee in the normal conduct of business, the Director shall pay the reasonable cost of reproducing the data and information if the lessee or permittee requests reimbursement. The cost shall be computed and paid in accordance with the applicable provisions of paragraph (e)(1) of this section.
</P>
<P>(2) Whenever a lessee or permittee provides any data or information, at the request of the Director and specifically for use in the OCS Oil and Gas Information Program, in a form and manner of processing not normally utilized by the lessee or permittee in the normal conduct of business, the Director shall pay the lessee or permittee, if the lessee or permittee requests reimbursement, the reasonable cost of processing and reproducing the requested data and information. The cost is to be computed and paid in accordance with the applicable provisions of paragraph (e)(2) of this section.
</P>
<P>(c) Data or information requested by the Director shall be provided as soon as practicable, but not later than 30 days following receipt of the Director's request, unless, for good reason, the Director authorizes a longer time period for the submission of the requested data or information.
</P>
<P>(d) The Director reserves the right to disclose any data or information acquired from a lessee or permittee to an independent contractor or agent for the purpose of reproducing, processing, reprocessing, or interpreting such data or information. When practicable, the Director shall notify the lessee(s) or permittee(s) who provided the data or information of the intent to disclose the data or information to an independent contractor or agent. The Director's notice of intent will afford the permittee(s) or lessee(s) a period of not less than 5 working days within which to comment on the intended action. When the Director so notifies a lessee or permittee of the intent to disclose data or information to an independent contractor or agent, all other owners of such data or information shall be deemed to have been notified of the Director's intent. Prior to any such disclosure, the contractor or agent shall be required to execute a written commitment not to disclose any data or information to anyone without the express consent of the Director, and not to make any disclosure or use of the data or information other than that provided in the contract. Contracts between BOEM and independent contractors shall be available to the lessee(s) or permittee(s) for inspection. In the event of any unauthorized use or disclosure of data or information by the contractor or agent, or by an employee thereof, the responsible contractor or agent or employee thereof shall be liable for penalties pursuant to section 24 of the Act.
</P>
<P>(e)(1) After delivery of data or information in accordance with paragraph (b)(1) of this section and upon receipt of a request for reimbursement and a determination by the Director that the requested reimbursement is proper, the lessee or permittee shall be reimbursed for the cost of reproducing the data or information at the lessee's or permittee's lowest rate or at the lowest commercial rate established in the area, whichever is less. Requests for reimbursement must be made within 60 days of the delivery date of the data or information requested under paragraph (b)(1) of this section.
</P>
<P>(2) After delivery of data or information in accordance with paragraph (b)(3) of this section, and upon receipt of a request for reimbursement and a determination by the Director that the requested reimbursement is proper, the lessee or permittee shall be reimbursed for the cost of processing or reprocessing and of reproducing the requested data or information. Requests for reimbursement must be made within 60 days of the delivery date of the data or information and shall be for only the costs attributable to processing or reprocessing and reproducing, as distinguished from the costs of data acquisition.
</P>
<P>(3) Requests for reimbursement are to contain a breakdown of costs in sufficient detail to allow separation of reproduction, processing, and reprocessing costs from acquisition and other costs.
</P>
<P>(f) Each Federal Department or Agency shall provide the Director with any data which it has obtained pursuant to section 11 of the Act and any other information which may be necessary or useful to assist the Director in carrying out the provisions of the Act.


</P>
</DIV8>


<DIV8 N="§ 552.4" NODE="30:2.0.3.5.4.0.239.4" TYPE="SECTION">
<HEAD>§ 552.4   Summary Report to affected States.</HEAD>
<P>(a) The Director, as soon as practicable after analysis, interpretation, and compilation of oil and gas data and information developed by BOEM or furnished by lessees, permittees, or other government agencies, shall make available to affected States and, upon request, to the executive of any affected local government, a Summary Report of data and information designed to assist them in planning for the onshore impacts of potential OCS oil and gas development and production. The Director shall consult with affected States and other interested parties to define the nature, scope, content, and timing of the Summary Report. The Director may consult with affected States and other interested parties regarding subsequent revisions in the definition of the nature, scope, content, and timing of the Summary Report. The Summary Report shall not contain data or information which the Director determines is exempt from disclosure in accordance with this part. The Summary Report shall not contain data or information the release of which the Director determines would unduly damage the competitive position of the lessee or permittee who provided the data or information which the Director has processed, analyzed, or interpreted during the development of the Summary Report. The Summary Report shall include:
</P>
<P>(1) Estimates of oil and gas reserves; estimates of the oil and gas resources that may be found within areas which the Secretary has leased or plans to offer for lease; and when available, projected rates and volumes of oil and gas to be produced from leased areas;
</P>
<P>(2) Magnitude of the approximate projections and timing of development, if and when oil or gas, or both, is discovered;
</P>
<P>(3) Methods of transportation to be used, including vessels and pipelines and approximate location of routes to be followed; and
</P>
<P>(4) General location and nature of near-shore and onshore facilities expected to be utilized.
</P>
<P>(b) When the Director determines that significant changes have occurred in the information contained in a Summary Report, the Director shall prepare and make available the new or revised information to each affected State, and, upon request, to the executive of any affected local government.


</P>
</DIV8>


<DIV8 N="§ 552.5" NODE="30:2.0.3.5.4.0.239.5" TYPE="SECTION">
<HEAD>§ 552.5   Information to be made available to affected States.</HEAD>
<P>(a) The Director shall prepare an index of OCS information (see 30 CFR 556.10). The index shall list all relevant actual or proposed programs, plans, reports, environmental impact statements, nominations information, environmental study reports, lease sale information, and any similar type of relevant information, including modifications, comments, and revisions prepared or directly obtained by the Director under the Act. The index shall be sent to affected States and, upon request, to any affected local government. The public shall be informed of the availability of the index.
</P>
<P>(b) Upon request, the Director shall transmit to affected States, affected local governments, and the public a copy of any information listed in the index which is subject to the control of BOEM, in accordance with the requirements and subject to the limitations of the Freedom of Information Act (5 U.S.C. 552) and implementing regulations. The Director shall not transmit or make available any information which he determines is exempt from disclosure in accordance with this part.


</P>
</DIV8>


<DIV8 N="§ 552.6" NODE="30:2.0.3.5.4.0.239.6" TYPE="SECTION">
<HEAD>§ 552.6   Freedom of Information Act requirements.</HEAD>
<P>(a) The Director shall make data and information available in accordance with the requirements and subject to the limitations of the Freedom of Information Act (5 U.S.C. 552), the regulations contained in 43 CFR part 2 (Records and Testimony), the requirements of the Act, and the regulations contained in 30 CFR parts 250 and 550 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf) and 30 CFR part 551 (Geological and Geophysical Explorations of the Outer Continental Shelf).
</P>
<P>(b) Except as provided in § 552.7 or in 30 CFR parts 250, 251, 550, and 551 of this chapter, no data or information determined by the director to be exempt from public disclosure under paragraph (a) of this section shall be provided to any affected State or be made available to the executive of any affected local government or to the public unless the lessee, or the permittee and all persons to whom such permittee has sold such data or information under promise of confidentiality, agree to such action.


</P>
</DIV8>


<DIV8 N="§ 552.7" NODE="30:2.0.3.5.4.0.239.7" TYPE="SECTION">
<HEAD>§ 552.7   Privileged and proprietary data and information to be made available to affected States.</HEAD>
<P>(a)(1) The Governor of any affected State may designate an appropriate State official to inspect, at a regional location which the Director shall designate, any privileged or proprietary data or information received by the Director regarding any activity in an area adjacent to such State, except that no such inspection shall take place prior to the sale of a lease covering the area in which such activity was conducted.
</P>
<P>(2)(i) Except as provided for in 30 CFR 250.197, 550.197, and 551.14, no privileged or proprietary data or information will be transmitted to any affected State unless the lessee who provided the privileged or proprietary data or information agrees in writing to the transmittal of the data or information.
</P>
<P>(ii) Except as provided for in 30 CFR 250.197, 550.197, and 551.14, no privileged or proprietary data or information will be transmitted to any affected State unless the permittee and all persons to whom the permittee has sold the data or information under promise of confidentiality agree in writing to the transmittal of the data or information.
</P>
<P>(3) Knowledge obtained by a State official who inspects data or information under paragraph (a)(1) of this section or who receives data or information under paragraph (a)(2) of this section shall be subject to the requirements and limitations of the Freedom of Information Act (5 U.S.C. 552), the regulations contained in 43 CFR part 2 (Records and Testimony), the Act (92 Stat. 629), the regulations contained in 30 CFR parts 250 and 550 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf), the regulations contained in 30 CFR parts 251 and 551 (Geological and Geophysical Explorations of the Outer Continental Shelf), and the regulations contained in 30 CFR parts 252 and 552 (Outer Continental Shelf Oil and Gas Information Program).
</P>
<P>(4) Prior to the transmittal of any privileged or proprietary data or information to any State, or the grant of access to a State official to such data or information, the Secretary shall enter into a written agreement with the Governor of the State in accordance with section 26(e) of the Act (43 U.S.C. 1352). In that agreement the State shall agree, as a condition precedent to receiving or being granted access to such data or information to:
</P>
<P>(i) Protect and maintain the confidentiality of privileged or proprietary data and information in accordance with the laws and regulations listed in paragraph (a)(3) of this section;
</P>
<P>(ii) Waive the defenses as set forth in paragraph (b)(2) of this section; and
</P>
<P>(iii) Hold the United States harmless from any violations of the agreement to protect the confidentiality of privileged or proprietary data or information by the State or its employees or contractors.
</P>
<P>(b)(1) Whenever any employee of the Federal Government or of any State reveals in violation of the Act or of the provisions of the regulations implementing the Act, privileged or proprietary data or information obtained pursuant to the regulations in this chapter, the lessee or permittee who supplied such information to the Director or any other Federal official, and any person to whom such lessee or permittee has sold such data or information under the promise of confidentiality, may commence a civil action for damages in the appropriate district court of the United States against the Federal Government or such State, as the case may be. Any Federal or State employee who is found guilty of failure to comply with any of the requirements of this section shall be subject to the penalties described in section 24 of the Act (43 U.S.C. 1350).
</P>
<P>(2) In any action commenced against the Federal Government or a State pursuant to paragraph (b)(1) of this section, the Federal Government or such State, as the case may be, may not raise as a defense any claim of sovereign immunity, or any claim that the employee who revealed the privileged or proprietary data or information which is the basis of such suit was acting outside the scope of the person's employment in revealing such data or information.
</P>
<P>(c) If the Director finds that any State cannot or does not comply with the conditions described in the agreement entered into pursuant to paragraph (a)(4) of this section, the Director shall thereafter withhold transmittal and deny access for inspection of privileged or proprietary data or information to such State until the Director finds that such State can and will comply with those conditions.


</P>
</DIV8>

</DIV5>


<DIV5 N="553" NODE="30:2.0.3.5.5" TYPE="PART">
<HEAD>PART 553—OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.
</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.5.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 553.1" NODE="30:2.0.3.5.5.1.239.1" TYPE="SECTION">
<HEAD>§ 553.1   What is the purpose of this part?</HEAD>
<P>This part establishes the requirements for demonstrating Oil Spill Financial Responsibility for covered offshore facilities (COF), sets forth the procedures for claims against COF guarantors, and sets forth the limit of liability for offshore facilities, as adjusted, un der Title I of the Oil Pollution Act of 1990, as amended, 33 U.S.C. 2701 <I>et seq.</I> (OPA).
</P>
<CITA TYPE="N">[79 FR 73839, Dec. 12, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 553.3" NODE="30:2.0.3.5.5.1.239.2" TYPE="SECTION">
<HEAD>§ 553.3   How are the terms used in this regulation defined?</HEAD>
<P>Terms used in this part have the following meaning:
</P>
<P><I>Advertise</I> means publication of the notice of designation of the source of the incident and the procedures by which the claims may be presented, according to 33 CFR part 136, subpart D.
</P>
<P><I>Annual CPI-U</I> means the annual “Consumer Price Index-All Urban Consumers, Not Seasonally Adjusted, U.S. City Average, All items, 1982 − 84 = 100,” published by the U.S. Department of Labor, Bureau of Labor Statistics.
</P>
<P><I>Bay</I> means a body of water included in the Geographic Names Information System (GNIS) bay feature class. A GNIS bay includes an arm, bay, bight, cove, estuary, gulf, inlet, or sound.
</P>
<P><I>Claim</I> means a written request, for a specific sum, for compensation for damages or removal costs resulting from an oil-spill discharge or a substantial threat of the discharge of oil.
</P>
<P><I>Claimant</I> means any person or government who presents a claim for compensation under OPA.
</P>
<P><I>Coastline</I> means the line of ordinary low water along that portion of the coast that is in direct contact with the open sea which marks the seaward limit of inland waters.
</P>
<P><I>Covered offshore facility (COF)</I> means a facility:
</P>
<P>(1) That includes any structure and all its components (including wells completed at the structure and the associated pipelines), equipment, pipeline, or device (other than a vessel or other than a pipeline or deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 <I>et seq.</I>)) used for exploring for, drilling for, or producing oil or for transporting oil from such facilities. This includes a well drilled from a mobile offshore drilling unit (MODU) and the associated riser and well control equipment from the moment a drill shaft or other device first touches the seabed for purposes of exploring for, drilling for, or producing oil, but it does not include the MODU; and
</P>
<P>(2) That is located:
</P>
<P>(i) Seaward of the coastline; or
</P>
<P>(ii) In any portion of a bay that is:
</P>
<P>(A) Connected to the sea, either directly or through one or more other bays; and
</P>
<P>(B) Depicted in whole or in part on any USGS map listed in the Appendix to this part, or on any map published by the USGS that is a successor to and covers all or part of the same area as a listed map. Where any portion of a bay is included on a listed map, this rule applies to the entire bay; and
</P>
<P>(3) That has a worst case oil-spill discharge potential of more than 1,000 bbls of oil, or a lesser volume if the Director determines in writing that the oil-spill discharge risk justifies the requirement to demonstrate OSFR.
</P>
<P><I>Current period</I> means the year in which the Annual CPI-U was most recently published by the U.S. Department of Labor, Bureau of Labor Statistics.
</P>
<P><I>Designated applicant</I> means a person the responsible parties designate to demonstrate OSFR for a COF on a lease, permit, or right-of-use and easement.
</P>
<P><I>Director</I> means the Director of the Bureau of Ocean Energy Management.
</P>
<P><I>Fund</I> means the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 as amended (26 U.S.C. 9509).
</P>
<P><I>Geographic Names Information System (GNIS)</I> means the database developed by the USGS in cooperation with the U.S. Board of Geographic Names which contains the federally-recognized geographic names for all known places, features, and areas in the United States that are identified by a proper name. Each feature is located by state, county, and geographic coordinates and is referenced to the appropriate 1:24,000-scale or 1:63,360-scale USGS topographic map on which it is shown.
</P>
<P><I>Guarantor</I> means a person other than a responsible party who provides OSFR evidence for a designated applicant.
</P>
<P><I>Guaranty</I> means any acceptable form of OSFR evidence provided by a guarantor including an indemnity, insurance, or surety bond.
</P>
<P><I>Incident</I> means any occurrence or series of occurrences having the same origin that results in the discharge or substantial threat of the discharge of oil.
</P>
<P><I>Indemnity</I> means an agreement to indemnify a designated applicant upon its satisfaction of a claim.
</P>
<P><I>Indemnitor</I> means a person providing an indemnity for a designated applicant.
</P>
<P><I>Independent accountant</I> means a certified public accountant who is certified by a state, or a chartered accountant certified by the government of jurisdiction within the country of incorporation of the company proposing to use one of the self-insurance evidence methods specified in this subpart.
</P>
<P><I>Insolvent</I> has the meaning set forth in 11 U.S.C. 101, and generally refers to a financial condition in which the sum of a person's debts is greater than the value of the person's assets.
</P>
<P><I>Lease</I> means any form of authorization issued under the Outer Continental Shelf Lands Act or state law which allows oil and gas exploration and production in the area covered by the authorization.
</P>
<P><I>Lessee</I> means a person holding a leasehold interest in an oil or gas lease including an owner of record title or a holder of operating rights (working interest owner).
</P>
<P><I>Oil</I> means oil of any kind or in any form, except as excluded by paragraph (2) of this definition.
</P>
<P>(1) Oil includes:
</P>
<P>(i) Petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
</P>
<P>(ii) Hydrocarbons produced at the wellhead in liquid form;
</P>
<P>(iii) Gas condensate that has been separated from gas before pipeline injection.
</P>
<P>(2) Oil does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601).
</P>
<P><I>Oil Spill Financial Responsibility (OSFR)</I> means the capability and means by which a responsible party for a covered offshore facility will meet removal costs and damages for which it is liable under Title I of the Oil Pollution Act of 1990, as amended (33 CFR 2701 <I>et seq.</I>), with respect to both oil-spill discharges and substantial threats of the discharge of oil.
</P>
<P><I>Outer Continental Shelf (OCS)</I> has the same meaning as the term “Outer Continental Shelf” defined in section 2(a) of the OCS Lands Act (OCSLA) (43 U.S.C. 1331(a)).
</P>
<P><I>Permit</I> means an authorization, license, or permit for geological exploration issued under section 11 of the OCSLA (43 U.S.C. 1340) or applicable state law.
</P>
<P><I>Person</I> means an individual, corporation, partnership, association (including a trust or limited liability company), state, municipality, commission or political subdivision of a state, or any interstate body.
</P>
<P><I>Pipeline</I> means the pipeline segments and any associated equipment or appurtenances used or intended for use in the transportation of oil or natural gas.
</P>
<P><I>Previous period</I> means the year in which the previous limit of liability was established, or last adjusted by statute or regulation, whichever is later.
</P>
<P><I>Responsible party,</I> for purposes of subparts B through F, has the following meanings:
</P>
<P>(1) For a COF that is a pipeline, responsible party means any person owning or operating the pipeline;
</P>
<P>(2) For a COF that is not a pipeline, responsible party means either the lessee or permittee of the area in which the COF is located, or the holder of a right-of-use and easement granted under applicable State law or the OCSLA (43 U.S.C. 1301-1356) for the area in which the COF is located (if the holder is a different person than the lessee or permittee). A Federal agency, State, municipality, commission, or political subdivision of a State, or any interstate body that as owner transfers possession and right to use the property to another person by lease, assignment, or permit is not a responsible party; and
</P>
<P>(3) For an abandoned COF, responsible party means any person who would have been a responsible party for the COF immediately before abandonment.
</P>
<P><I>Responsible party,</I> for purposes of subpart G, has the meaning in 33 U.S.C. 2701(32)(C), (E) and (F). This definition includes, as applicable, lessees as defined in this subpart, permittees, right-of-use and easement holders, and pipeline owners and operators.
</P>
<P><I>Right-of-use and easement (RUE)</I> means any authorization to use the OCS or submerged land for purposes other than those authorized by a lease or permit, as defined herein. It includes pipeline rights-of-way.
</P>
<P><I>Source of the incident</I> means the facility from which oil was discharged or which poses a substantial threat of discharging oil, as designated by the Director, National Pollution Funds Center, according to 33 CFR part 136, subpart D.
</P>
<P><I>State</I> means the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession of the United States.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 79 FR 73839, Dec. 12, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 553.5" NODE="30:2.0.3.5.5.1.239.3" TYPE="SECTION">
<HEAD>§ 553.5   What is the authority for collecting Oil Spill Financial Responsibility (OSFR) information?</HEAD>
<P>(a) The Office of Management and Budget (OMB) has approved the information collection requirements in this part 553 under 44 U.S.C. 3501 <I>et seq.,</I> and assigned OMB control number 1010-0106.
</P>
<P>(b) BOEM collects the information to ensure that the designated applicant for a COF has the financial resources necessary to pay for cleanup and damages that could be caused by oil discharges from the COF. BOEM uses the information to ensure compliance of offshore lessees, owners, and operators of covered facilities with OPA; to establish eligibility of designated applicants for OSFR certification (OSFRC); and to establish a reference source of names, addresses, and telephone numbers of responsible parties for covered facilities and their designated agents, guarantors, and U.S. agents for service of process for claims associated with oil pollution from designated covered facilities. The requirement to provide the information is mandatory. No information submitted for OSFRC is confidential or proprietary.
</P>
<P>(c) An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57097, Sept. 22, 2015]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.5.2" TYPE="SUBPART">
<HEAD>Subpart B—Applicability and Amount of OSFR</HEAD>


<DIV8 N="§ 553.10" NODE="30:2.0.3.5.5.2.239.1" TYPE="SECTION">
<HEAD>§ 553.10   What facilities does this part cover?</HEAD>
<P>(a) This part applies to any COF on any lease or permit issued or on any RUE granted under the OCSLA or applicable State law.
</P>
<P>(b) For a pipeline COF that extends onto land, this part applies to that portion of the pipeline lying seaward of the first accessible flow shut-off device on land.


</P>
</DIV8>


<DIV8 N="§ 553.11" NODE="30:2.0.3.5.5.2.239.2" TYPE="SECTION">
<HEAD>§ 553.11   Who must demonstrate OSFR?</HEAD>
<P>(a) A designated applicant must demonstrate OSFR. A designated applicant may be a responsible party or another person authorized under this section. Each COF must have a single designated applicant.
</P>
<P>(1) If there is more than one responsible party, those responsible parties must use Form BOEM-1017 to select a designated applicant. The designated applicant must submit Form BOEM-1016 and agree to demonstrate OSFR on behalf of all the responsible parties.
</P>
<P>(2) If you are a designated applicant who is not a responsible party, you must agree to be liable for claims made under OPA jointly and severally with the responsible parties.
</P>
<P>(b) The designated applicant for a COF on a lease must be either:
</P>
<P>(1) A lessee; or
</P>
<P>(2) The designated operator for the OCS lease under 30 CFR 550.143 or the unit operator designated under a Federally approved unit including the OCS lease. For a lease or unit not in the OCS, the operator designated under the lease or unit operating agreement for the lease may be the designated applicant only if the operator has agreed to be responsible for compliance with all the laws and regulations applicable to the lease or unit.
</P>
<P>(c) The designated applicant for a COF on a permit must be the permittee.
</P>
<P>(d) The designated applicant for a COF on a RUE must be the holder of the RUE or, if there is a pipeline on the RUE, the owner or operator of the pipeline.
</P>
<P>(e) BOEM may require the designated applicant for a lease, permit, or RUE to be a person other than a person identified in paragraphs (b) through (d) of this section if BOEM determines that a person identified in paragraphs (b) through (d) cannot adequately demonstrate OSFR.
</P>
<P>(f) If you are a responsible party and you fail to designate an applicant, then you must demonstrate OSFR under the requirements of this part.


</P>
</DIV8>


<DIV8 N="§ 553.12" NODE="30:2.0.3.5.5.2.239.3" TYPE="SECTION">
<HEAD>§ 553.12   May I ask BOEM for a determination of whether I must demonstrate OSFR?</HEAD>
<P>You may submit to BOEM a request for a determination of OSFR applicability. Address the request to the office identified in § 553.45. You must include in your request any information that will assist BOEM in making the determination. BOEM may require you to submit other information before making a determination of OSFR applicability.


</P>
</DIV8>


<DIV8 N="§ 553.13" NODE="30:2.0.3.5.5.2.239.4" TYPE="SECTION">
<HEAD>§ 553.13   How much OSFR must I demonstrate?</HEAD>
<P>(a) The following general parameters apply to the amount of OSFR that you must demonstrate:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you are the designated applicant for . . .
</TH><TH class="gpotbl_colhed" scope="col">Then you must demonstrate . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Only one COF,</TD><TD align="left" class="gpotbl_cell">The amount of OSFR that applies to the COF.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">More than one COF,</TD><TD align="left" class="gpotbl_cell">The highest amount of OSFR that applies to any one of the COFs.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must demonstrate OSFR in the amounts specified in this section:
</P>
<P>(1) For a COF located wholly or partially in the OCS you must demonstrate OSFR in accordance with the following table:



</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">COF worst case oil-spill discharge volume
</TH><TH class="gpotbl_colhed" scope="col">Applicable amount of OSFR
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 1,000 bbls but not more than 35,000 bbls</TD><TD align="right" class="gpotbl_cell">$35,000,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 35,000 but not more than 70,000 bbls</TD><TD align="right" class="gpotbl_cell">70,000,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 70,000 but not more than 105,000 bbls</TD><TD align="right" class="gpotbl_cell">105,000,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 105,000 bbls</TD><TD align="right" class="gpotbl_cell">150,000,000</TD></TR></TABLE></DIV></DIV>
<P>(2) For a COF not located in the OCS you must demonstrate OSFR in accordance with the following table:



</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">COF worst case oil-spill discharge volume
</TH><TH class="gpotbl_colhed" scope="col">Applicable amount of OSFR
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 1,000 bbls but not more than 10,000 bbls</TD><TD align="right" class="gpotbl_cell">$10,000,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 10,000 but not more than 35,000 bbls</TD><TD align="right" class="gpotbl_cell">35,000,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 35,000 but not more than 70,000 bbls</TD><TD align="right" class="gpotbl_cell">70,000,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 70,000 but not more than 105,000 bbls</TD><TD align="right" class="gpotbl_cell">105,000,000
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Over 105,000 bbls</TD><TD align="right" class="gpotbl_cell">150,000,000</TD></TR></TABLE></DIV></DIV>
<P>(3) The Director may determine that you must demonstrate an amount of OSFR greater than the amount in paragraphs (b)(1) and (2) of this section based on the relative operational, environmental, human health, and other risks that your COF poses. The Director may require an amount that is one or more levels higher than the amount indicated in paragraph (b)(1) or (2) of this section for your COF. The Director will not require an OSFR demonstration that exceeds $150 million.
</P>
<P>(4) You must demonstrate OSFR in the lowest amount specified in the applicable table in paragraph (b)(1) or (2) of this section for a facility with a potential worst case oil-spill discharge of 1,000 bbls or less if the Director notifies you in writing that the demonstration is justified by the risks of the potential oil-spill discharge.


</P>
</DIV8>


<DIV8 N="§ 553.14" NODE="30:2.0.3.5.5.2.239.5" TYPE="SECTION">
<HEAD>§ 553.14   How do I determine the worst case oil-spill discharge volume?</HEAD>
<P>(a) To calculate the amount of OSFR you must demonstrate for a facility under § 553.13(b), you must use the worst case oil-spill discharge volume that you determined under whichever of the following regulations applies:
</P>
<P>(1) 30 CFR part 254—Response Plans for Facilities Located Seaward of the Coast Line, except that the volume of the worst case oil-spill discharge for a well must be four times the uncontrolled flow volume that you estimate for the first 24 hours.
</P>
<P>(2) 40 CFR part 112—Oil Pollution Prevention; or
</P>
<P>(3) 49 CFR part 194—Response Plans for Onshore Oil Pipelines.
</P>
<P>(b) If you are a designated applicant and you choose to demonstrate $150 million in OSFR, you are not required to determine any worst case oil-spill discharge volumes, since that is the maximum amount of OSFR required under this part.


</P>
</DIV8>


<DIV8 N="§ 553.15" NODE="30:2.0.3.5.5.2.239.6" TYPE="SECTION">
<HEAD>§ 553.15   What are my general OSFR compliance responsibilities?</HEAD>
<P>(a) You must maintain continuous OSFR coverage for all your leases, permits, and RUEs with COFs for which you are the designated applicant.
</P>
<P>(b) You must ensure that new OSFR evidence is submitted before your current evidence lapses or is canceled and that coverage for your new COF is submitted before the COF goes into operation.
</P>
<P>(c) If you use self-insurance to demonstrate OSFR and find that you no longer qualify to self-insure the required OSFR amount based upon your latest audited annual financial statements, then you must demonstrate OSFR using other methods acceptable to BOEM by whichever of the following dates comes first:
</P>
<P>(1) Sixty calendar days after you receive your latest audited annual financial statement; or
</P>
<P>(2) The first calendar day of the 5th month after the close of your fiscal year.
</P>
<P>(d) You may use a surety bond to demonstrate OSFR. If you find that your bonding company has lost its state license or has had its U.S. Treasury Department certification revoked, then you must replace the surety bond within 15 calendar days using a method of OSFR that is acceptable to BOEM.
</P>
<P>(e) You must notify BOEM in writing within 15 calendar days after a change occurs that would prevent you from meeting your OSFR obligations (e.g., if you or your indemnitor petition for bankruptcy under chapters 7 or 11 of Title 11, U.S.C.). You must take any action BOEM directs to ensure an acceptable OSFR demonstration.
</P>
<P>(f) If you deny payment of a claim presented to you under § 553.60, then you must give the claimant a written explanation for your denial.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.5.3" TYPE="SUBPART">
<HEAD>Subpart C—Methods for Demonstrating OSFR</HEAD>


<DIV8 N="§ 553.20" NODE="30:2.0.3.5.5.3.239.1" TYPE="SECTION">
<HEAD>§ 553.20   What methods may I use to demonstrate OSFR?</HEAD>
<P>As the designated applicant, you may satisfy your OSFR requirements by using one or a combination of the following methods to demonstrate OSFR:
</P>
<P>(a) Self-insurance under §§ 553.21 through 553.28;
</P>
<P>(b) Insurance under § 553.29;
</P>
<P>(c) An indemnity under § 553.30;
</P>
<P>(d) A surety bond under § 553.31; or
</P>
<P>(e) An alternative method the Director approves under § 553.32.


</P>
</DIV8>


<DIV8 N="§ 553.21" NODE="30:2.0.3.5.5.3.239.2" TYPE="SECTION">
<HEAD>§ 553.21   How can I use self-insurance as OSFR evidence?</HEAD>
<P>(a) If you use self-insurance to satisfy all or part of your obligation to demonstrate OSFR, you must annually pass either a net worth test under § 553.25 or an unencumbered net asset test under § 553.28.
</P>
<P>(b) To establish the amount of self-insurance allowed, you must submit evidence of your net worth under § 553.23 or evidence of your unencumbered assets under § 553.26.
</P>
<P>(c) You must identify a U.S. agent for service of process.


</P>
</DIV8>


<DIV8 N="§ 553.22" NODE="30:2.0.3.5.5.3.239.3" TYPE="SECTION">
<HEAD>§ 553.22   How do I apply to use self-insurance as OSFR evidence?</HEAD>
<P>(a) You must submit a complete Form BOEM-1018 with each application to demonstrate OSFR using self-insurance.
</P>
<P>(b) You must submit your application to renew OSFR using self-insurance by the first calendar day of the 5th month after the close of your fiscal year. You may submit to BOEM your initial application to demonstrate OSFR using self-insurance at any time.


</P>
</DIV8>


<DIV8 N="§ 553.23" NODE="30:2.0.3.5.5.3.239.4" TYPE="SECTION">
<HEAD>§ 553.23   What information must I submit to support my net worth demonstration?</HEAD>
<P>You must support your net worth evaluation with information contained in your previous fiscal year's audited annual financial statement.
</P>
<P>(a) Audited annual financial statements must be in the form of:
</P>
<P>(1) An annual report, prepared in accordance with the generally accepted accounting practices (GAAP) of the United States or other international accounting practices determined to be equivalent by BOEM; or
</P>
<P>(2) A Form 10-K or Form 20-F, prepared in accordance with Securities and Exchange Commission regulations.
</P>
<P>(b) Audited annual financial statements must be submitted together with a letter signed by your treasurer highlighting:
</P>
<P>(1) The State or the country of incorporation;
</P>
<P>(2) The total amount of the stockholders' equity as shown on the balance sheet;
</P>
<P>(3) The net amount of the plant, property, and equipment shown on the balance sheet; and
</P>
<P>(4) The net amount of the identifiable U.S. assets and the identifiable total assets in the auditor's notes to the financial statement (<I>i.e.,</I> a geographic segmented business note).


</P>
</DIV8>


<DIV8 N="§ 553.24" NODE="30:2.0.3.5.5.3.239.5" TYPE="SECTION">
<HEAD>§ 553.24   When I submit audited annual financial statements to verify my net worth, what standards must they meet?</HEAD>
<P>(a) Your audited annual financial statements must be bound.
</P>
<P>(b) Your audited annual financial statements must include the unqualified opinion of an independent accountant that states:
</P>
<P>(1) The financial statements are free from material misstatement, and
</P>
<P>(2) The audit was conducted in accordance with the generally accepted auditing standards (GAAS) of the United States, or other international auditing standards that BOEM determines to be equivalent.
</P>
<P>(c) The financial information you submit must be expressed in U.S. dollars. If this information was originally reported in another form of currency, you must convert it to U.S. dollars using the conversion factor that was effective on the last day of the fiscal year pertinent to your financial statements. You also must identify the source of the currency exchange rate.


</P>
</DIV8>


<DIV8 N="§ 553.25" NODE="30:2.0.3.5.5.3.239.6" TYPE="SECTION">
<HEAD>§ 553.25   What financial test procedures must I use to determine the amount of self-insurance allowed as OSFR evidence based on net worth?</HEAD>
<P>(a) Divide the total amount of the stockholders'/owners' equity listed on the balance sheet by ten.
</P>
<P>(b) Divide the net amount of the identifiable U.S. assets by the net amount of the identifiable total assets.
</P>
<P>(c) Multiply the net amount of plant, property, and equipment shown on the balance sheet by the number calculated under paragraph (b) of this section and divide the resultant product by ten.
</P>
<P>(d) The smaller of the numbers calculated under paragraphs (a) or (c) of this section is the maximum allowable amount you may use to demonstrate OSFR under this method.


</P>
</DIV8>


<DIV8 N="§ 553.26" NODE="30:2.0.3.5.5.3.239.7" TYPE="SECTION">
<HEAD>§ 553.26   What information must I submit to support my unencumbered assets demonstration?</HEAD>
<P>You must support your unencumbered assets evaluation with the information required by § 553.23(a) and a list of reserved, unencumbered, and unimpaired U.S. assets whose value will not be affected by an oil discharge from a COF. The assets must be plant, property, or equipment held for use. You must submit a letter signed by your treasurer:
</P>
<P>(a) Identifying which assets are reserved;
</P>
<P>(b) Certifying that the assets are unencumbered, including contingent encumbrances;
</P>
<P>(c) Promising that the identified assets will not be sold, subjected to a security interest, or otherwise encumbered throughout the specified fiscal year; and
</P>
<P>(d) Specifying:
</P>
<P>(1) The State or the country of incorporation;
</P>
<P>(2) The total amount of the stockholders'/owners' equity listed on the balance sheet;
</P>
<P>(3) The identification and location of the reserved U.S. assets; and
</P>
<P>(4) The value of the reserved U.S. assets less accumulated depreciation and amortization, using the same valuation method used in your audited annual financial statement and expressed in U.S. dollars. The net value of the reserved assets must be at least two times the self-insurance amount requested for demonstration.


</P>
</DIV8>


<DIV8 N="§ 553.27" NODE="30:2.0.3.5.5.3.239.8" TYPE="SECTION">
<HEAD>§ 553.27   When I submit audited annual financial statements to verify my unencumbered assets, what standards must they meet?</HEAD>
<P>Any audited annual financial statements that you submit must:
</P>
<P>(a) Meet the standards in § 553.24; and
</P>
<P>(b) Include a certification by the independent accountant who audited the financial statements that states:
</P>
<P>(1) The value of the unencumbered assets is reasonable and uses the same valuation method used in your audited annual financial statements;
</P>
<P>(2) Any existing encumbrances are noted;
</P>
<P>(3) The assets are long-term assets held for use; and
</P>
<P>(4) The valuation method used in the audited annual financial statements is for long-term assets held for use.


</P>
</DIV8>


<DIV8 N="§ 553.28" NODE="30:2.0.3.5.5.3.239.9" TYPE="SECTION">
<HEAD>§ 553.28   What financial test procedures must I use to evaluate the amount of self-insurance allowed as OSFR evidence based on unencumbered assets?</HEAD>
<P>(a) Divide the total amount of the stockholders'/owners' equity listed on the balance sheet by 4.
</P>
<P>(b) Divide the value of the unencumbered U.S. assets by 2.
</P>
<P>(c) The smaller number calculated under paragraphs (a) or (b) of this section is the maximum allowable amount you may use to demonstrate OSFR under this method.


</P>
</DIV8>


<DIV8 N="§ 553.29" NODE="30:2.0.3.5.5.3.239.10" TYPE="SECTION">
<HEAD>§ 553.29   How can I use insurance as OSFR evidence?</HEAD>
<P>(a) If you use insurance to satisfy all or part of your obligation to demonstrate OSFR, you may use only insurance certificates issued by insurers that have achieved a “Secure” rating for claims paying ability in their latest review by A.M. Best's Insurance Reports, Standard &amp; Poor's Insurance Rating Services, or other equivalent rating made by a rating service acceptable to BOEM.
</P>
<P>(b) You must submit information about your insurers to BOEM on a completed and unaltered Form BOEM-1019. The information you submit must:
</P>
<P>(1) Include all the information required by § 553.41 and
</P>
<P>(2) Be executed on one original insurance certificate (<I>i.e.,</I> Form BOEM-1019) for each OSFR layer (see paragraph (c) of this section), showing all participating insurers and their proportion (quota share) of this risk. The certificate must bear the original signatures of each insurer's underwriter or of their lead underwriters, underwriting managers, or delegated brokers, depending on who is authorized to bind the underwriter.
</P>
<P>(3) For each insurance company on the insurance certificate, indicate the insurer's claims-paying-ability rating and the rating service that issued the rating.
</P>
<P>(c) The insurance evidence you provide to BOEM as OSFR evidence may be divided into layers, subject to the following restrictions:
</P>
<P>(1) The total amount of OSFR evidence must equal the total amount you must demonstrate under § 553.13;
</P>
<P>(2) No more than one insurance certificate may be used to cover each OSFR layer specified in § 553.13(b) (<I>i.e.,</I> four layers for an OCS COF, and five layers for a non-OCS COF);
</P>
<P>(3) You may use one insurance certificate to cover any number of consecutive OSFR layers;
</P>
<P>(4) Each insurer's participation in the covered insurance risk must be on a proportional (quota share) basis, must be expressed as a percentage of a whole layer, and the certificate must not contain intermediate, horizontal layers;
</P>
<P>(5) You may use an insurance deductible. If you use more than one insurance certificate, the deductible amount must apply only to the certificate that covers the base OSFR amount layer. To satisfy an insurance deductible, you may use only those methods that are acceptable as evidence of OSFR under this part; and
</P>
<P>(6) You must identify a U.S. agent for service of process on each insurance certificate you submit to BOEM. The agent may be different for each insurance certificate.
</P>
<P>(d) You may submit to BOEM a temporary insurance confirmation (fax binder) for each insurance certificate you use as OSFR evidence. Submit your fax binder on Form BOEM-1019, and each form must include the signature of an underwriter for at least one of the participating insurers. BOEM will accept your fax binder as OSFR evidence during a period that ends 90 days after the date that you need the insurance to demonstrate OSFR.


</P>
</DIV8>


<DIV8 N="§ 553.30" NODE="30:2.0.3.5.5.3.239.11" TYPE="SECTION">
<HEAD>§ 553.30   How can I use an indemnity as OSFR evidence?</HEAD>
<P>(a) You may use only one indemnity issued by only one indemnitor to satisfy all or part of your obligation to demonstrate OSFR.
</P>
<P>(b) Your indemnitor must be your corporate parent or affiliate.
</P>
<P>(c) Your indemnitor must complete a Form BOEM-1018 and provide an indemnity that:
</P>
<P>(1) Includes all the information required by § 553.41; and
</P>
<P>(2) Does not exceed the amounts calculated using the net worth or unencumbered assets tests specified under §§ 553.21 through 553.28.
</P>
<P>(d) You must submit your application to renew OSFR using an indemnity by the first calendar day of the 5th month after the close of your indemnitor's fiscal year. You may submit to BOEM your initial application to demonstrate OSFR using an indemnity at any time.
</P>
<P>(e) Your indemnitor must identify a U.S. agent for service of process.


</P>
</DIV8>


<DIV8 N="§ 553.31" NODE="30:2.0.3.5.5.3.239.12" TYPE="SECTION">
<HEAD>§ 553.31   How can I use a surety bond as OSFR evidence?</HEAD>
<P>(a) Each bonding company that issues a surety bond that you submit to BOEM as OSFR evidence must:
</P>
<P>(1) Be licensed to do business in the State in which the surety bond is executed;
</P>
<P>(2) Be certified by the U.S. Treasury Department as an acceptable surety for Federal obligations and listed in the current Treasury Circular No. 570;
</P>
<P>(3) Provide the surety bond on Form BOEM-1020; and
</P>
<P>(4) Be in compliance with applicable statutes regulating surety company participation in insurance-type risks.
</P>
<P>(b) A surety bond that you submit as OSFR evidence must include all the information required by § 553.41.


</P>
</DIV8>


<DIV8 N="§ 553.32" NODE="30:2.0.3.5.5.3.239.13" TYPE="SECTION">
<HEAD>§ 553.32   Are there alternative methods to demonstrate OSFR?</HEAD>
<P>The Director may accept other methods to demonstrate OSFR that provide equivalent assurance of timely satisfaction of claims. This may include pooling, letters of credit, pledges of treasury notes, or other comparable methods. Submit your proposal, together with all the supporting documents, to the Director at the address listed in § 553.45. The Director's decision whether to approve your alternative method to evidence OSFR is by this rule committed to the Director's sole discretion and is not subject to administrative appeal under 30 CFR part 590 or 43 CFR part 4.


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.3.5.5.4" TYPE="SUBPART">
<HEAD>Subpart D—Requirements for Submitting OSFR Information</HEAD>


<DIV8 N="§ 553.40" NODE="30:2.0.3.5.5.4.239.1" TYPE="SECTION">
<HEAD>§ 553.40   What OSFR evidence must I submit to BOEM?</HEAD>
<P>(a) You must submit to BOEM:
</P>
<P>(1) A single demonstration of OSFR that covers all the COFs for which you are the designated applicant;
</P>
<P>(2) A completed and unaltered Form BOEM-1016;
</P>
<P>(3) BOEM forms that identify your COFs (Form BOEM-1021, Form BOEM-1022), and the methods you will use to demonstrate OSFR (Form BOEM-1018, Form BOEM-1019, Form BOEM-1020). Forms are available from the address listed in § 553.45;
</P>
<P>(4) Any insurance certificates, indemnities, and surety bonds used as OSFR evidence for the COFs for which you are the designated applicant;
</P>
<P>(5) A completed Form BOEM-1017 for each responsible party, unless you are the only responsible party for the COFs covered by your OSFR demonstration; and
</P>
<P>(6) Other financial instruments and information the Director requires to support your OSFR demonstration under § 553.32.
</P>
<P>(b) Each BOEM form you submit to BOEM as part of your OSFR demonstration must be signed. You also must attach to Form BOEM-1016 proof of your authority to sign.


</P>
</DIV8>


<DIV8 N="§ 553.41" NODE="30:2.0.3.5.5.4.239.2" TYPE="SECTION">
<HEAD>§ 553.41   What terms must I include in my OSFR evidence?</HEAD>
<P>(a) Each instrument you submit as OSFR evidence must specify:
</P>
<P>(1) The effective date, and except for a surety bond, the expiration date;
</P>
<P>(2) That termination of the instrument will not affect the liability of the instrument issuer for claims arising from an incident (<I>i.e.,</I> oil-spill discharge or substantial threat of the discharge of oil) that occurred on or before the effective date of termination;
</P>
<P>(3) That the instrument will remain in force until the termination date or until the earlier of:
</P>
<P>(i) Thirty calendar days after BOEM and the designated applicant receive from the instrument issuer a notification of intent to cancel; or
</P>
<P>(ii) BOEM receives from the designated applicant other acceptable OSFR evidence; or
</P>
<P>(iii) All the COFs to which the instrument applies are permanently abandoned in compliance with 30 CFR part 250 or equivalent State requirements;
</P>
<P>(4) That the instrument issuer agrees to direct action for claims made under OPA up to the guaranty amount, subject to the defenses in paragraph (a)(6) of this section and following the procedures in § 553.60 of this part;
</P>
<P>(5) An agent in the United States for service of process; and
</P>
<P>(6) That the instrument issuer will not use any defenses against a claim made under OPA except:
</P>
<P>(i) The rights and defenses that would be available to a designated applicant or responsible party for whom the guaranty was provided; and
</P>
<P>(ii) The incident (<I>i.e.,</I> oil-spill discharge or a substantial threat of the discharge of oil) leading to the claim for removal costs or damages was caused by willful misconduct of a responsible party for whom the designated applicant demonstrated OSFR.
</P>
<P>(b) You may not change, omit, or add limitations or exceptions to the terms and conditions in a BOEM form that you submit as part of your OSFR demonstration. If you attempt to do this, BOEM will disregard the changes, omissions, additions, limitations, or exceptions and by operation of this rule BOEM will consider the form to contain all the terms and conditions included on the original BOEM form.


</P>
</DIV8>


<DIV8 N="§ 553.42" NODE="30:2.0.3.5.5.4.239.3" TYPE="SECTION">
<HEAD>§ 553.42   How can I amend my list of COFs?</HEAD>
<P>(a) If you want to add a COF that is not identified in your current OSFR demonstration, you must submit to BOEM a completed Form BOEM-1022. If applicable, you also must submit any additional indemnities, surety bonds, insurance certificates, or other instruments required to extend the coverage of your original OSFR demonstration to the COFs to be added. You do not need to resubmit previously accepted audited annual financial statements for the current fiscal year.
</P>
<P>(b) If you want to drop a COF identified in your current OSFR demonstration, you must submit to BOEM a completed Form BOEM-1022. You must continue to demonstrate OSFR for the COF until BOEM approves OSFR evidence for the COF from another designated applicant, or OSFR is no longer required (e.g., until a well that is a COF is properly plugged and abandoned).


</P>
</DIV8>


<DIV8 N="§ 553.43" NODE="30:2.0.3.5.5.4.239.4" TYPE="SECTION">
<HEAD>§ 553.43   When is my OSFR demonstration or the amendment to my OSFR demonstration effective?</HEAD>
<P>(a) BOEM will notify you in writing when we approve your OSFR demonstration. If we find that you have not submitted all the information needed to demonstrate OSFR, we may require you to provide additional information before we determine whether your OSFR evidence is acceptable.
</P>
<P>(b) Except in the case of self-insurance or an indemnity, BOEM acceptance of OSFR evidence is valid until the surety bond, insurance certificate, or other accepted OSFR instrument expires or is canceled. In the case of self-insurance or indemnity, acceptance is valid until the first day of the 5th month after the close of your or your indemnitor's current fiscal year.


</P>
</DIV8>


<DIV8 N="§ 553.44" NODE="30:2.0.3.5.5.4.239.5" TYPE="SECTION">
<HEAD>§ 553.44   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 553.45" NODE="30:2.0.3.5.5.4.239.6" TYPE="SECTION">
<HEAD>§ 553.45   Where do I send my OSFR evidence?</HEAD>
<P>Address all correspondence and required submissions related to this part to: U.S. Department of the Interior, Bureau of Ocean Energy Management, Gulf of America Region, Oil Spill Financial Responsibility Program, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123.


</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 90 FR 24071, June 6, 2025]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:2.0.3.5.5.5" TYPE="SUBPART">
<HEAD>Subpart E—Revocation and Penalties</HEAD>


<DIV8 N="§ 553.50" NODE="30:2.0.3.5.5.5.239.1" TYPE="SECTION">
<HEAD>§ 553.50   How can BOEM refuse or invalidate my OSFR evidence?</HEAD>
<P>(a) If BOEM determines that any OSFR evidence you submit fails to comply with the requirements of this part, we may not accept it. If we do not accept your OSFR evidence, then we will send you a written notification stating:
</P>
<P>(1) That your evidence is not acceptable;
</P>
<P>(2) Why your evidence is unacceptable; and
</P>
<P>(3) The amount of time you are allowed to submit acceptable evidence without being subject to civil penalty under § 553.51.
</P>
<P>(b) BOEM may immediately and without prior notice invalidate your OSFR demonstration if you:
</P>
<P>(1) Are no longer eligible to be the designated applicant for a COF included in your demonstration; or
</P>
<P>(2) Permit the cancellation or termination of the insurance policy, surety bond, or indemnity upon which the continued validity of the demonstration is based.
</P>
<P>(c) If BOEM determines you are not complying with the requirements of this part for any reason other than paragraph (b) of this section, we will notify you of our intent to invalidate your OSFR demonstration and specify the corrective action needed. Unless you take the corrective action BOEM specifies within 15 calendar days from the date you receive such a notice, we will invalidate your OSFR demonstration.




</P>
</DIV8>


<DIV8 N="§ 553.51" NODE="30:2.0.3.5.5.5.239.2" TYPE="SECTION">
<HEAD>§ 553.51   What are the penalties for not complying with this part?</HEAD>
<P>(a) If you fail to comply with the financial responsibility requirements of OPA at 33 U.S.C. 2716 or with the requirements of this part, then you may be liable for a civil penalty of up to $59,114 per COF per day of violation (that is, each day a COF is operated without acceptable evidence of OSFR).


</P>
<P>(b) BOEM will determine the date of a noncompliance. BOEM will assess penalties in accordance with an OSFR penalty schedule using the procedures found at 30 CFR part 550, subpart N. You may obtain a copy of the penalty schedule from BOEM at the address in § 553.45.
</P>
<P>(c) BOEM may assess a civil penalty against you that is greater or less than the amount in the penalty schedule after taking into account the factors in section 4303(a) of OPA (33 U.S.C. 2716a).
</P>
<P>(d) If you fail to correct a deficiency in the OSFR evidence for a COF, then the Director may suspend operation of a COF in the OCS under 30 CFR 250.170 or seek judicial relief, including an order suspending the operation of any COF.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 81 FR 43069, July 1, 2016; 82 FR 10711, Feb. 15, 2017; 83 FR 8933, Mar. 2, 2018; 84 FR 11224, Mar. 26, 2019; 85 FR 7221, Feb. 7, 2020; 86 FR 19784, Apr. 15, 2021; 87 FR 15335, Mar. 18, 2022; 88 FR 9752, Feb. 15, 2023; 89 FR 4818, Jan. 25, 2024; 90 FR 2614, Jan. 13, 2025]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:2.0.3.5.5.6" TYPE="SUBPART">
<HEAD>Subpart F—Claims for Oil-Spill Removal Costs and Damages</HEAD>


<DIV8 N="§ 553.60" NODE="30:2.0.3.5.5.6.239.1" TYPE="SECTION">
<HEAD>§ 553.60   To whom may I present a claim?</HEAD>
<P>(a) If you are a claimant, you must present your claim first to the designated applicant for the COF that is the source of the incident resulting in your claim. If, however, the designated applicant has filed a petition for bankruptcy under 11 U.S.C. chapter 7 or 11, you may present your claim first to any of the designated applicant's guarantors.
</P>
<P>(b) If the claim you present to the designated applicant or guarantor is denied or not paid within 90 days after you first present it or advertising begins, whichever is later, then you may seek any of the following remedies that apply:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If the reason for denial or nonpayment is . . .
</TH><TH class="gpotbl_colhed" scope="col">Then you may elect to . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) <E T="03">Not</E> an assertion of insolvency or petition in bankruptcy under 11 U.S.C. chapter 7 or 11,</TD><TD align="left" class="gpotbl_cell">(i) Present your claim to any of the responsible parties for the COF; or
<br/>(ii) Initiate a lawsuit against the designated applicant and/or any of the responsible parties for the COF; or
<br/>(iii) Present your claim to the Fund using the procedures at 33 CFR part 136.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) An assertion of insolvency or petition in bankruptcy under 11 U.S.C. chapter 7 or 11,</TD><TD align="left" class="gpotbl_cell">(i) Pursue any of the remedies in items (1)(i) through (iii) of this table; or
<br/>(ii) Present your claim to any of the designated applicant's guarantors; or
<br/>(iii) Initiate a lawsuit against any of the designated applicant's guarantors.</TD></TR></TABLE></DIV></DIV>
<P>(c) If no one has resolved your claim to your satisfaction using the remedy that you elected under paragraph (b) of this section, then you may pursue another available remedy, unless the Fund has denied your claim or a court of competent jurisdiction has ruled against your claim. You may not pursue more than one remedy at a time.
</P>
<P>(d) You may ask BOEM to assist you in determining whether a guarantor may be liable for your claim. Send your request for assistance to the address listed in § 553.45. You must include any information you have regarding the existence or identity of possible guarantors.


</P>
</DIV8>


<DIV8 N="§ 553.61" NODE="30:2.0.3.5.5.6.239.2" TYPE="SECTION">
<HEAD>§ 553.61   When is a guarantor subject to direct action for claims?</HEAD>
<P>(a) If you are a guarantor, then you are subject to direct action for any claim asserted by:
</P>
<P>(1) The United States for any compensation paid by the Fund under OPA, including compensation claim processing costs; and
</P>
<P>(2) A claimant other than the United States if the designated applicant has:
</P>
<P>(i) Denied or failed to pay a claim because of being insolvent; or
</P>
<P>(ii) Filed a petition in bankruptcy under 11 U.S.C. chapters 7 or 11.
</P>
<P>(b) If you participate in an insurance guaranty for a COF incident (<I>i.e.,</I> oil-spill discharge or substantial threat of the discharge of oil) that is subject to claims under this part, then your maximum, aggregate liability for those claims is equal to your quota share of the insurance guaranty.


</P>
</DIV8>


<DIV8 N="§ 553.62" NODE="30:2.0.3.5.5.6.239.3" TYPE="SECTION">
<HEAD>§ 553.62   What are the designated applicant's notification obligations regarding a claim?</HEAD>
<P>If you are a designated applicant, and you receive a claim for removal costs and damages, then within 15 calendar days of receipt of a claim you must notify:
</P>
<P>(a) Your guarantors; and
</P>
<P>(b) The responsible parties for whom you are acting as the designated applicant.


</P>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:2.0.3.5.5.7" TYPE="SUBPART">
<HEAD>Subpart G—Limit of Liability for Offshore Facilities</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>79 FR 73840, Dec. 12, 2014, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 553.700" NODE="30:2.0.3.5.5.7.239.1" TYPE="SECTION">
<HEAD>§ 553.700   What is the scope of this subpart?</HEAD>
<P>This subpart sets forth the limit of liability for damages for offshore facilities under Title I of the Oil Pollution Act of 1990, as amended (33 U.S.C. 2701 <I>et seq.</I>) (OPA), as adjusted, under section 1004(d) of OPA (33 U.S.C. 2704(d)). This subpart also sets forth the method for adjusting the limit of liability for damages for offshore facilities for inflation, by regulation, under section 1004(d) of OPA (33 U.S.C. 2704(d)).


</P>
</DIV8>


<DIV8 N="§ 553.701" NODE="30:2.0.3.5.5.7.239.2" TYPE="SECTION">
<HEAD>§ 553.701   To which entities does this subpart apply?</HEAD>
<P>This subpart applies to you if you are a responsible party for an offshore facility, other than a deepwater port under the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524), but including an offshore pipeline, or an abandoned offshore facility, including any abandoned offshore pipeline, unless your liability is unlimited under OPA 90 (33 U.S.C. 2704(c)).


</P>
</DIV8>


<DIV8 N="§ 553.702" NODE="30:2.0.3.5.5.7.239.3" TYPE="SECTION">
<HEAD>§ 553.702   What limit of liability applies to my offshore facility?</HEAD>
<P>Except as provided in 33 U.S.C. 2704(c), the limit of liability under OPA for a responsible party for any offshore facility, including any offshore pipeline, is the total of all removal costs plus $167.8069 million for damages with respect to each incident.
</P>
<CITA TYPE="N">[88 FR 22912, Apr. 14, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 553.703" NODE="30:2.0.3.5.5.7.239.4" TYPE="SECTION">
<HEAD>§ 553.703   What is the procedure for calculating the limit of liability adjustment for inflation?</HEAD>
<P>The procedure for calculating limit of liability adjustments for inflation is as follows:
</P>
<P>(a) <I>Formula for calculating a cumulative percent change in the Annual CPI-U.</I> BOEM calculates the cumulative percent change in the Annual CPI-U from the year the limit of liability was established by statute, or last adjusted by regulation, whichever is later (<I>i.e.,</I> the Previous Period), to the year in which the Annual CPI-U is most recently published (<I>i.e.,</I> the Current Period), using the following formula: Percent change in the Annual CPI-U = [(Annual CPI-U for Current Period − Annual CPI-U for Previous Period) ÷ Annual CPI-U for Previous Period] × 100. This cumulative percent change value is rounded to one decimal place.
</P>
<P>(b) <I>Significance threshold.</I> (1) A cumulative increase in the Annual CPI-U equal to three percent or more constitutes a significant increase in the Consumer Price Index within the meaning of 33 U.S.C. 2704(d)(4).
</P>
<P>(2) Not later than every three years from the year the limit of liability was last adjusted for inflation, BOEM will evaluate whether the cumulative percent change in the Annual CPI-U since that year has reached a significance threshold of three percent or greater.
</P>
<P>(3) For any three-year period evaluated under paragraph (b)(2) of this section in which the cumulative percent increase in the Annual CPI-U is less than three percent, if BOEM has not issued an inflation adjustment during that period, BOEM will publish a notice of no inflation adjustment to the offshore facility limit of liability for damages in the <E T="04">Federal Register</E>.
</P>
<P>(4) Once the three-percent threshold is reached, BOEM will increase by final rule the offshore facility limit of liability for damages in § 553.702 by an amount equal to the cumulative percent change in the Annual CPI-U from the year the limit was established by statute, or last adjusted by regulation, whichever is later. After this adjustment is made, BOEM will resume its process of conducting a review every three years.
</P>
<P>(5) Nothing in this section will prevent BOEM, in BOEM's sole discretion, from adjusting the offshore facility limit of liability for damages for inflation by regulation issued more frequently than every three years.
</P>
<P>(c) <I>Formula for calculating inflation adjustments.</I> BOEM calculates adjustments to the offshore facility limit of liability in 30 CFR 553.702 for inflation using the following formula:
</P>
<FP-2><I>New limit of liability = Previous limit of liability + (Previous limit of liability × the decimal equivalent of the percent change in the Annual CPI-U calculated under paragraph (a) of this section), then rounded to the closest $100</I>.


</FP-2>
</DIV8>


<DIV8 N="§ 553.704" NODE="30:2.0.3.5.5.7.239.5" TYPE="SECTION">
<HEAD>§ 553.704   How will BOEM publish the offshore facility limit of liability adjustment?</HEAD>
<P>BOEM will publish the inflation-adjusted limit of liability, and any statutory amendments to that limit of liability in the <E T="04">Federal Register,</E> as amendments to § 553.702. Updates to the limit of liability under this section are effective on the 90th day after publication in the <E T="04">Federal Register</E> of the amendments to § 553.702, unless otherwise specified by statute (in the event of a statutory amendment to the limit of liability), or in the <E T="04">Federal Register</E> rule amending § 553.702.


</P>
</DIV8>


<DIV9 N="Appendix to" NODE="30:2.0.3.5.5.7.239.6.1" TYPE="APPENDIX">
<HEAD>Appendix to Part 553—List of U.S. Geological Survey Topographic Maps
</HEAD>
<P><I>Alabama</I> (1:24,000 scale): Bellefontaine; Bon Secour Bay; Bridgehead; Coden; Daphne; Fort Morgan; Fort Morgan NW; Grand Bay; Grand Bay SW; Gulf Shores; Heron Bay; Hollingers Island; Isle Aux Herbes; Kreole; Lillian; Little Dauphin Island; Little Point Clear; Magnolia Springs; Mobile; Orange Beach; Perdido Beach; Petit Bois Island; Petit Bois Pass; Pine Beach; Point Clear; Saint Andrews Bay; West Pensacola.
</P>
<P><I>Alaska</I> (1:63,360 scale): Afognak (A-1, A-2, A-3, A-4, A-5, A-0&amp;B-0, B-1, B-2, B-3, C-1&amp;2, C-2&amp;3, C-5, C-6, D-1, D-4, D-5); Anchorage (A-1, A-2, A-3, A-4, A-8, B-7, B-8); Barrow (A-1, A-2, A-3, A-4, A-5, B-3, B-4); Baird Mts. (A-6); Barter Island (A-3, A-4, A-5); Beechy Point (A-1, A-2, B-1, B-2, B-3, B-4, B-5, C-4, C-5); Bering Glacier (A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8); Black (A-1, A-2, B-1, C-1); Blying Sound (C-7, C-8, D-1&amp;2, D-3, D-4, D-5, D-6, D-7, D-8); Candle (D-6); Cordova (A-1, A-2, A-3, A-4, A-7&amp;8, B-2, B-3, B-4, B-5, B-6, B-7, B-8, C-5, C-6, C-7, C-8, D-6, D-7, D-8); De Long Mts. (D-4, D-5); Demarcation Point (C-1, C-2, D-2, D-3); Flaxman Island (A-1, A-3, A-4, A-5, B-5); Harrison Bay (B-1, B-2, B-3, B-4, C-1, C-3, C-4, C-5, D-4, D-5); Icy Bay (D1, D-2&amp;3); Iliamna (A-2, A-3, A-4, B-2, B-3, C-1, C-2, D-1); Karluk (A-1, A-2, B-2, B-3, C-1, C-2, C-4&amp;5, C-6); Kenai (A-4, A-5, A-7, A-8, B-4, B-6, B-7, B-8, C-4, C-5, C-6, C-7, D-1, D-2, D-3, D-4, D-5); Kodiak (A-3, A-4, A-5, A-6, B-1&amp;2, B-3, B-4, B-6, C-1, C-2, C-3, C-5, C-6, D-1, D-2, D-3, D-4, D-5, D-6); Kotzebue (A-1, A-2, A-3, A-4, B-4, B-6, C-1, C-4, C-5, C-6, D-1, D-2); Kwiguk (C-6, D-6); Meade River (D-1, D-3, D-4, D-5); Middleton Island (B-7, D-1&amp;2); Mt. Katmai (A-1, A-2, A-3; B-1); Mt. Michelson (D-1, D-2, D-3); Mt. St. Elias (A-5); Noatak (A-1, A-2, A-3, A-4, B-4, C-4, C-5, D-6, D-7); Nome (B-1, C-1, C-2, C-3, D-3, D-4, D-7); Norton Bay (A-4, B-4, B-5, B-6, C-4, C-5, C-6, D-4, D-5, D-6); Point Hope (A-1, A-2, B-2, B-3, C-2, C-3, D-1, D-2); Point Lay (A-3&amp;4, B-2&amp;3, C-2, D-1, D-2); Selawik (A-5, A-6, B-5, B-6, C-5, C-6, D-6); Seldovia (A-3, A-4, A-5, A-6, B-1, B-2, B-3, B-4, B-5, B-6, C-1, C-2, C-3, C-4, C-5, D-1, D-3, D-4, D-5, D-8); Seward (A-1, A-2, A-3, A-4, A-5, A-6, A-7, B-1, B-2, B-3, B-4, B-5, C-1, C-2, C-3, C-4, C-5, D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8); Shishmaref (A-2, A-3, A-4, B-1, B-2, B-3); Solomon (B-2, B-3, B-6, C-1, C-2, C-3, C-4, C-5, C-6); St. Michael (A-2, A-3, A-4, A-5, A-6, B-1, B-2, C-1, C-2); Teller (A-2, A-3, A-4, B-3, B-4, B-5, B-6, C-6, C-7, D-4, D-5, D-6, D-8); Teshekpuk (D-1, D-2, D-3, D-4, D-5); Tyonek (A-1, A-2, A-3, A-4, B-1, B-2); Unalakleet (B-5, B-6, C-4, C-5, D-4); Valdez (A-7, A-8); Wainwright (A-5, A-6&amp;7, B-2, B-3, B-4, B-5&amp;6, C-2, C-3, D-1, D-2; Yakutat (A-1, A-2, A-2, B-3, B-4, B-5, C-4, C-5, C-6, C-7, C-8, D-3, D-4, D-5, D-6, D-8).
</P>
<P><I>California</I> (1:24,000 scale): Arroyo Grande NE; Beverly Hills; Carpinteria; Casmalia; Dana Point; Del Mar; Dos Pueblos Canyon; Encinitas; Gaviota; Goleta; Guadalupe; Imperial Beach; Laguna Beach; La Jolla; Las Pulgas Canyon; Lompoc Hills; Long Beach; Los Alamitos; Malibu Beach; Morro Bay South; National City; Newport Beach; Oceano; Oceanside; Oxnard; Pismo Beach; Pitas Point; Point Arguello; Point Conception; Point Dune; Point Loma; Point Mugu; Point Sal; Port San Luis; Rancho Santa Fe; Redondo Beach; Sacate; San Clemente; San Juan Capistrano; San Luis Rey; San Onofre Bluff; San Pedro; Santa Barbara; Saticoy; Seal Beach; Surf; Tajiguas; Topanga; Torrance; Tranquillon Mountain; Triunfo Pass; Tustin; Venice; Ventura; White Ledge Peak.
</P>
<P><I>Florida</I> (1:24,000 scale): Allanton; Alligator Bay; Anna Maria; Apalachicola; Aripeka; Bayport; Beacon Beach; Beacon Hill; Bee Ridge; Belle Meade; Belle Meade NW; Beverly; Big Lostmans Bay; Bird Keys; Bokeelia; Bonita Springs; Bradenton; Bradenton Beach; Bruce; Bunker; Cape Romano; Cape Saint George; Cape San Blas; Captiva; Carrabelle; Cedar Key; Chassahowitzka; Chassahowitzka Bay; Chiefland SW; Choctaw Beach; Chokoloskee; Clearwater; Clive Key; Cobb Rocks; Cockroach Bay; Crawfordville East; Crooked Island; Crooked Point; Cross City SW; Crystal River; Destin; Dog Island; Dunedin; East Pass; Egmont Key; El Jobean; Elfers; Englewood; Englewood NW; Estero; Everglades City; Fivay Junction; Flamingo; Fort Barrancas; Fort Myers Beach; Fort Myers SW; Fort Walton Beach; Freeport; Gandy Bridge; Garcon Point; Gator Hook Swamp; Gibsonton; Goose Island; Grayton Beach; Green Point; Gulf Breeze; Harney River; Harold SE; Holley; Holt SW; Homosassa; Horseshoe Beach; Indian Pass; Jackson River; Jena; Keaton Beach; Laguna Beach; Lake Ingraham East; Lake Ingraham West; Lake Wimico; Laurel; Lebanon Station; Lighthouse Point; Lillian; Long Point; Lostmans River Ranger Station; Manlin Hammock; Marco Island; Mary Esther; Matlacha; McIntyre; Milton South; Miramar Beach; Myakka River; Naples North; Naples South; Navarre; New Inlet; Niceville; Nutall Rise; Ochopee; Okefenokee Slough; Oldsmar; Orange Beach; Oriole Beach; Overstreet; Ozello; Pace; Palmetto; Panama City; Panama City Beach; Panther Key; Pass-A-Grille Beach; Pavillion Key; Pensacola; Perdido Bay; Pickett Bay; Pine Island Center; Placida; Plover Key; Point Washington; Port Boca Grande; Port Richey; Port Richey NE; Port Saint Joe; Port Tampa; Punta Gorda; Punta Gorda SE; Punta Gorda SW; Red Head; Red Level; Rock Islands; Royal Palm Hammock; Safety Harbor; Saint Joseph Point; Saint Joseph Spit; Saint Marks; Saint Marks NE; Saint Petersburg; Saint Teresa Beach; Salem SW; Sandy Key; Sanibel; Sarasota; Seahorse Key; Seminole; Seminole Hills; Shark Point; Shark River Island; Shired Island; Snipe Island; Sopchoppy; South of Holley; Southport; Sprague Island; Spring Creek; Springfield; Steinhatchee; Steinhatchee SE; Steinhatchee SW; Sugar Hill; Sumner; Suwannee; Tampa; Tarpon Springs; Valparaiso; Venice; Vista; Waccassasa Bay; Ward Basin; Warrior Swamp; Weavers Station; Weeki Wachee Spring; West Bay; West Pass; West Pensacola; Whitewater Bay West; Withlacoochee Bay; Wulfert; Yankeetown.
</P>
<P><I>Louisiana</I> (1:24,000 scale): Alligator Point; Barataria Pass; Bastian Bay; Bay Batiste; Bay Coquette; Bay Courant; Bay Dosgris; Bay Ronquille; Bay Tambour; Bayou Blanc; Bayou Lucien; Belle Isle; Belle Pass; Big Constance Lake; Black Bay North; Black Bay South; Breton Islands; Breton Islands SE; Buras; Burrwood Bayou East; Burwood Bayou West; Calumet Island; Cameron; Caminada Pass; Cat Island; Cat Island Pass; Central Isles Dernieres; Chandeleur Light; Chef Mentur; Cheniere Au Tigre; Cocodrie; Coquille Point; Cow Island; Creole; Cypremort Point; Deep Lake; Dixon Bay; Dog Lake; Door Point; East Bay Junop; Eastern Isles; Dernieres; Ellerslie; Empire; English Lookout; False Mouth Bayou; Fearman Lake; Floating Turf Bayou; Fourleague Bay; Franklin; Freemason Island; Garden Island Pass; Grand Bayou; Grand Bayou du Large; Grand Chenier; Grand Gosier Islands; Grand Isle; Hackberry Beach; Hammock Lake; Happy Jack; Hebert Lake; Hell Hole Bayou; Hog Bayou; Holly Beach; Intercoastal City; Isle Au Pitre; Jacko Bay; Johnson Bayou; Kemper; Lake Athanasio; Lake Cuatro Caballo; Lake Eloi; Lake Eugene; Lake Felicity; Lake La Graisse; Lake Merchant; Lake Point; Lake Salve; Lake Tambour; Leeville; Lena Lagoon; Lost Lake; Main Pass; Malheureux Point; Marone Point; Martello Castle; Mink Bayou; Mitchell Key; Morgan City SW; Morgan Harbor; Mound Point; Mulberry Island East; Mulberry Island West; New Harbor Islands; North Islands; Oak Mound Bayou; Oyster Bayou; Pass A Loutre East; Pass A Loutre West; Pass du Bois; Pass Tante Phine; Pecan Island; Pelican Pass; Peveto Beach; Pilottown; Plumb Bayou; Point Au Fer; Point Au Fer NE; Point Chevreuil; Point Chicot; Port Arthur South; Port Sulphur; Pte. Aux Marchuttes; Proctor Point; Pumpkin Islands; Redfish Point; Rollover Lake; Sabine Pass; Saint Joe Pass; Smith Bayou; South of South Pass; South Pass; Stake Islands; Taylor Pass; Texas Point; Three Mile Bay; Tigre Lagoon; Timbalier Island; Triumph; Venice; Weeks; West of Johnson Bayou; Western Isles Dernieres; Wilkinson Bay; Yscloskey.
</P>
<P><I>Mississippi</I> (1:24,000 scale): Bay Saint Louis; Biloxi; Cat Island; Chandeleur Light; Deer Island; Dog Keys Pass; English Lookout; Gautier North; Gautier South; Grand Bay SW; Gulfport North; Gulfport NW; Gulfport South; Horn Island East; Horn Island West; Isle Au Pitre; Kreole; Ocean Springs; Pascagoula North; Pascagoula South; Pass Christian; Petit Bois Island; Saint Joe Pass; Ship Island; Waveland.
</P>
<P><I>Texas</I> (1:24,000 scale): Allyns Bright; Anahuac; Aransas Pass; Austwell; Bacliff; Bayside; Big Hill Bayou; Brown Cedar Cut; Caplen; Carancahua Pass; Cedar Lakes East; Cedar Lakes West; Cedar Lane NE; Christmas Point; Clam Lake; Corpus Christi; Cove; Crane Islands NW; Crane Islands SW; Decros Point; Dressing Point; Estes; Flake; Freeport; Frozen Point; Galveston; Green Island; Hawk Island; High Island; Hitchcock; Hoskins Mound; Jones Creek; Keller Bay; Kleberg Point; La Comal; La Leona; La Parra Ranch NE; Laguna Vista; Lake Austin; Lake Como; Lake Stephenson; Lamar; Long Island; Los Amigos; Windmill; Maria Estella Well; Matagorda; Matagorda SW; Mesquite Bay; Mission Bay; Morgans Point; Mosquito Point; Mouth of Rio Grande; Mud Lake; North of Port Isabel NW; North of Port Isabel SW; Oak Island; Olivia; Oso Creek NE; Oyster Creek; Palacios; Palacios NE; Palacios Point; Palacios SE; Panther Point; Panther Point NE; Pass Cavallo SW; Pita Island; Point Comfort; Point of Rocks; Port Aransas; Port Arthur South; Port Bolivar; Port Ingleside; Port Isabel; Port Isabel NW; Port Lavaca East; Port Mansfield; Port O'Connor; Portland; Potrero Cortado; Potrero Lopeno NW; Potrero Lopeno SE; Potrero Lopeno SW; Rockport; Sabine Pass; San Luis Pass; Sargent; Sea Isle; Seadrift; Seadrift NE; Smith Point; South Bird Island; South Bird Island NW; South Bird Island SE; South of Palacios Point; South of Potrero Lopeno NE; South of Potrero Lopeno NW; South of Potrero Lopeno SE; South of Star Lake; St. Charles Bay; St. Charles Bay SE; St. Charles Bay SW; Star Lake; Texas City; Texas Point; The Jetties; Three Islands; Tivoli SE; Turtle Bay; Umbrella Point; Virginia Point; West of Johnson Bayou; Whites Ranch; Yarborough Pass.




</P>
</DIV9>

</DIV6>

</DIV5>


<DIV5 N="556" NODE="30:2.0.3.5.6" TYPE="PART">
<HEAD>PART 556—LEASING OF SULFUR OR OIL AND GAS AND FINANCIAL ASSURANCE REQUIREMENTS IN THE OUTER CONTINENTAL SHELF


</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>31 U.S.C. 9701; 42 U.S.C. 6213; 43 U.S.C. 1334.


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>81 FR 18152, Mar. 30, 2016, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.6.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 556.100" NODE="30:2.0.3.5.6.1.246.1" TYPE="SECTION">
<HEAD>§ 556.100   Statement of policy.</HEAD>
<P>The management of Outer Continental Shelf (OCS) resources is to be conducted in accordance with the findings, purposes, and policy directions provided by the Outer Continental Shelf Lands Act Amendments of 1978 (OCSLA or the Act) (43 U.S.C. 1332, 1801, 1802), and other executive, legislative, judicial and departmental guidance. The Secretary of the Interior (the Secretary) will consider available environmental information in making decisions affecting OCS resources.


</P>
</DIV8>


<DIV8 N="§ 556.101" NODE="30:2.0.3.5.6.1.246.2" TYPE="SECTION">
<HEAD>§ 556.101   Purpose.</HEAD>
<P>The purpose of the regulations in this part is to establish the procedures under which the Secretary will exercise the authority to administer a leasing program for oil and gas, and sulfur. The regulations pertaining to the procedures under which the Secretary will exercise the authority to administer a program to grant rights-of-use and easements are found in part 550 of this chapter.


</P>
</DIV8>


<DIV8 N="§ 556.102" NODE="30:2.0.3.5.6.1.246.3" TYPE="SECTION">
<HEAD>§ 556.102   Authority.</HEAD>
<P>(a) The Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1334) authorizes the Secretary of the Interior to issue, on a competitive basis, leases for oil and gas, and sulfur, in submerged lands of the OCS. The Act authorizes the Secretary to grant rights-of-way and easements through the submerged lands of the OCS.
</P>
<P>(b) The Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) (30 U.S.C. 1711) governs oil and gas royalty management and requires the development of enforcement practices to ensure the prompt and proper collection of oil and gas revenues owed to the U.S.
</P>
<P>(c) The Independent Offices Appropriations Act of 1952 (IOAA) (31 U.S.C. 9701) authorizes fees and charges for Federal government services.
</P>
<P>(d) The Energy Policy and Conservation Act of 1975 (42 U.S.C. 6213) prohibits joint bidding by major oil and gas producers.
</P>
<P>(e) The Gulf of Mexico Energy Security Act of 2006 (GOMESA) (Pub. L. 109-432, 43 U.S.C. 1331 note):
</P>
<P>(1) Shares leasing revenues with Gulf producing states and the Land &amp; Water Conservation Fund for coastal restoration projects; and
</P>
<P>(2) Allows companies to exchange certain existing leases in moratorium areas for bonus and royalty credits to be used on other Gulf of America leases.


</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 90 FR 24071, June 6, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 556.103" NODE="30:2.0.3.5.6.1.246.4" TYPE="SECTION">
<HEAD>§ 556.103   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 556.104" NODE="30:2.0.3.5.6.1.246.5" TYPE="SECTION">
<HEAD>§ 556.104   Information collection and proprietary information.</HEAD>
<P>(a) <I>Information collection.</I> (1) The Office of Management and Budget (OMB) approved the collection of information under 44 U.S.C. 3501-3521), and assigned OMB Control Number 1010-0006. The title of this collection of information is “Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf (30 CFR part 550, part 556, and part 560).”
</P>
<P>(2) BOEM collects this information to determine if an applicant seeking to obtain a lease or right-of-use and easement (RUE) on the OCS is qualified to hold such a lease or RUE and to determine whether any such applicant can meet the monetary and non-monetary requirements associated with a lease or RUE. Responses to this information collection are either required to obtain or retain a benefit or are mandatory under OCSLA (43 U.S.C. 1331-1356a). BOEM will protect proprietary information collected according to section 26 of OCSLA (43 U.S.C. 1352), and this section.
</P>
<P>(3) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires us to inform the public that an agency may not conduct or sponsor, and that no one is required to respond to, a collection of information unless it displays a current and valid OMB control number.
</P>
<P>(4) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, by mail to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.
</P>
<P>(b) <I>Proprietary information.</I> (1) Any proprietary information maintained by BOEM will be subject to the requirements of 43 CFR part 2.
</P>
<P>(2) No proprietary information received by BOEM under 43 U.S.C. 1352(c) will be transmitted to any affected State unless the lessee, to whom such information applies, or the permittee and all persons, to whom such permittee has sold such information under promise of confidentiality, agree to such transmittal.
</P>
<P>(c) Proprietary information in response to a Call for Information and Nominations (Call).
</P>
<P>(1) A specific indication of interest in an area received in response to a Call issued by the Secretary is proprietary information.
</P>
<P>(2) Notwithstanding paragraph (c)(1) of this section, BOEM may provide a summary of indications of interest in areas received in response to a Call for a proposed sale.
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 89 FR 31590, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 556.105" NODE="30:2.0.3.5.6.1.246.6" TYPE="SECTION">
<HEAD>§ 556.105   Acronyms and definitions.</HEAD>
<P>(a) Acronyms and terms used in this part have the following meanings:
</P>
<EXTRACT>
<FP-1>ASTM American Society for Testing and Materials
</FP-1>
<FP-1>BAST Best Available and Safest Technology
</FP-1>
<FP-1>BOEM Bureau of Ocean Energy Management
</FP-1>
<FP-1>BSEE Bureau of Safety and Environmental Enforcement
</FP-1>
<FP-1>CFR Code of Federal Regulations
</FP-1>
<FP-1>CPA Central Planning Area of the GOA
</FP-1>
<FP-1>CZMA Coastal Zone Management Act
</FP-1>
<FP-1>DOI Department of the Interior
</FP-1>
<FP-1>DOCD Development Operations Coordination Document
</FP-1>
<FP-1>DOO Designation of Operator
</FP-1>
<FP-1>DPP Development and Production Plan
</FP-1>
<FP-1>EIA Environmental Impact Analysis
</FP-1>
<FP-1>EP Exploration Plan
</FP-1>
<FP-1>EPAct Energy Policy Act of 2005
</FP-1>
<FP-1>FNOS Final Notice of Sale
</FP-1>
<FP-1>FOGRMA Federal Oil and Gas Royalty Management Act of 1982
</FP-1>
<FP-1>G&amp;G Geological and Geophysical
</FP-1>
<FP-1>GDIS Geophysical Data and Information Statement
</FP-1>
<FP-1>GOA Gulf of America
</FP-1>
<FP-1>IOAA Independent Offices Appropriations Act of 1952
</FP-1>
<FP-1>LLC Limited Liability Company
</FP-1>
<FP-1>MBB Mapping and Boundary Branch
</FP-1>
<FP-1>NAD North American Datum
</FP-1>
<FP-1>NEPA National Environmental Policy Act of 1969
</FP-1>
<FP-1>NGPA Natural Gas Processors Association
</FP-1>
<FP-1>NOAA National Oceanic and Atmospheric Administration
</FP-1>
<FP-1>NTL Notice to Lessees
</FP-1>
<FP-1>OCS Outer Continental Shelf
</FP-1>
<FP-1>OCSLA Outer Continental Shelf Lands Act
</FP-1>
<FP-1>OMB Office of Management and Budget
</FP-1>
<FP-1>ONRR Office of Natural Resources Revenue
</FP-1>
<FP-1>OPD Official Protraction Diagram
</FP-1>
<FP-1>PNOS Proposed Notice of Sale
</FP-1>
<FP-1>PRA Paperwork Reduction Act
</FP-1>
<FP-1>ROW Right of way
</FP-1>
<FP-1>RSV Royalty Suspension Volume
</FP-1>
<FP-1>RUE Right of Use and Easement
</FP-1>
<FP-1>SLA Submerged Lands Act of 1953
</FP-1>
<FP-1>U.S. United States
</FP-1>
<FP-1>U.S.C. United States Code
</FP-1>
<FP-1>USCG U.S. Coast Guard
</FP-1>
<FP-1>USEPA U.S. Environmental Protection Agency
</FP-1>
<FP-1>UTM Universal Transverse Mercator coordinate system
</FP-1>
<FP-1>WPA Western Planning Area of the GOA</FP-1></EXTRACT>
<P>(b) As used in this part, each of the terms and phrases listed below has the meaning given in the Act or as defined in this section.
</P>
<P><I>Act</I> means the Outer Continental Shelf Lands Act, as amended (OCSLA) (43 U.S.C. 1331-1356a).
</P>
<P><I>Affected State</I> means, with respect to any program, plan, lease sale, or other activity proposed, conducted, or approved pursuant to the provisions of OCSLA, any State:
</P>
<P>(i) The laws of which are declared, pursuant to section 4(a)(2) of OCSLA (43 U.S.C. 1333(a)(2)), to be the law of the United States for the portion of the OCS on which such activity is, or is proposed to be, conducted;
</P>
<P>(ii) Which is, or is proposed to be, directly connected by transportation facilities to any artificial island or structure referred to in section 4(a)(1) of OCSLA (43 U.S.C. 1333(a)(1));
</P>
<P>(iii) Which is receiving, or in accordance with the proposed activity will receive, oil for processing, refining, or transshipment that was extracted from the OCS and transported directly to that State by means of one or more vessels or by a combination of means, including a vessel;
</P>
<P>(iv) Which is designated by the Secretary as a State in which there is a substantial probability of significant impact on or damage to the coastal, marine, or human environment; or a State in which there will be significant changes in the social, governmental, or economic infrastructure resulting from the exploration, development, and production of oil and gas anywhere on the OCS; or
</P>
<P>(v) In which the Secretary finds that because of such activity, there is, or will be, a significant risk of serious damage, due to factors such as prevailing winds and currents, to the marine or coastal environment in the event of any oil spill, blowout, or release of oil or gas from one or more vessels, pipelines, or other transshipment facilities.




</P>
<P><I>Aliquot or Aliquot part</I> means an officially designated subdivision of a lease's area, which can be a half of a lease (1/2), a quarter of a lease (1/4), a quarter of a quarter of a lease (1/4 1/4), or a quarter of a quarter of a quarter of a lease (1/4 1/4 1/4).
</P>
<P><I>Assign</I> means to convey an ownership interest in an oil, gas, or sulfur lease, ROW grant or RUE grant. For the purposes of this part, “assign” is synonymous with “transfer” and the two terms are used interchangeably.
</P>
<P><I>Authorized officer</I> means any person authorized by law or by delegation of authority to or within BOEM to perform the duties described in this part.
</P>
<P><I>Average daily production</I> means the total of all production in an applicable production period that is chargeable under § 556.514 divided by the exact number of calendar days in the applicable production period.
</P>
<P><I>Barrel</I> means 42 U.S. gallons. All measurements of crude oil and natural gas liquids under this section must be at 60 °F.
</P>
<P>(i) For purposes of computing production and reporting of natural gas, 5,626 cubic feet of natural gas at 14.73 pounds per square inch equals one barrel.
</P>
<P>(ii) For purposes of computing production and reporting of natural gas liquids, 1.454 barrels of natural gas liquids at 60 °F equals one barrel of crude oil.
</P>
<P><I>Bidding unit</I> means one or more OCS blocks, or any portion thereof, that may be bid upon as a single administrative unit and will become a single lease. The term `tract,” as defined in this section, may be used interchangeably with the term “bidding unit.”
</P>
<P><I>BOEM</I> means Bureau of Ocean Energy Management of the U.S. Department of the Interior.
</P>
<P><I>Bonus or royalty credit</I> means a legal instrument or other written documentation approved by BOEM, or an entry in an account managed by the Secretary, that a bidder or lessee may use in lieu of any other monetary payment for a bonus or a royalty due on oil or gas production from certain leases, as specified in, and permitted by, the Gulf of Mexico Energy Security Act of 2006, Pub. L. 109-432 (Div. C, Title 1), 120 Stat. 3000 (2006), codified at 43 U.S.C. 1331, note.
</P>
<P><I>BSEE</I> means Bureau of Safety and Environmental Enforcement of the U.S. Department of the Interior.


</P>
<P><I>Central Planning Area (CPA)</I> means that portion of the Gulf of America that lies southerly of Louisiana, Mississippi, and Alabama. Precise boundary information is available from the BOEM Leasing Division, Mapping and Boundary Branch (MBB).




</P>
<P><I>Coastal environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inland to the boundaries of the coastal zone.
</P>
<P><I>Coastal zone</I> means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the water therein and thereunder), strongly influenced by each other and in proximity to the shorelines of one or more of the several coastal States, and includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches, whose zone extends seaward to the outer limit of the United States territorial sea and extends inland from the shore lines to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inland boundaries of which may be identified by the several coastal States, under section 305(b)(1) of the Coastal Zone Management Act (CZMA) of 1972, 16 U.S.C. 1454(b)(1).
</P>
<P><I>Coastline</I> means the line of mean ordinary low water along that portion of the coast in direct contact with the open sea and the line marking the seaward limit of inland waters.
</P>
<P><I>Crude oil</I> means a mixture of liquid hydrocarbons, including condensate that exists in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities, but does not include liquid hydrocarbons produced from tar sand, gilsonite, oil shale, or coal.
</P>
<P><I>Designated operator</I> means a person authorized to act on your behalf and fulfill your obligations under the Act, the lease, and the regulations, who has been designated as an operator by all record title holders and all operating rights owners that own an operating rights interest in the aliquot/depths in which the designated operator, to which the Designation of Operator form applies, will be operating, and who has been approved by BOEM to act as designated operator.
</P>
<P><I>Desoto Canyon OPD</I> means the Official Protraction Diagram (OPD) designated as Desoto Canyon that has a western edge located at the universal transverse mercator (UTM) X coordinate 1,346,400 in the North American Datum of 1927 (NAD27).
</P>
<P><I>Destin Dome OPD</I> means the Official Protraction Diagram (OPD) designated as Destin Dome that has a western edge located at the Universal Transverse Mercator (UTM) X coordinate 1,393,920 in the NAD27.
</P>
<P><I>Development block</I> means a block, including a block susceptible to drainage, which is located on the same general geologic structure as an existing lease having a well with indicated hydrocarbons; a reservoir may or may not be interpreted to extend on to the block.
</P>
<P><I>Director</I> means the Director of the BOEM of the U.S. Department of the Interior, or an official authorized to act on the Director's behalf.
</P>
<P><I>Eastern Planning Area</I> means that portion of the Gulf of America that lies southerly and westerly of Florida. Precise boundary information is available from the BOEM Leasing Division, Mapping and Boundary Branch (MBB).




</P>
<P><I>Economic interest</I> means any right to, or any right dependent upon, production of crude oil, natural gas, or natural gas liquids and includes, but is not limited to: a royalty interest; an overriding royalty interest, whether payable in cash or kind; a working interest that does not include a record title interest or an operating rights interest; a carried working interest; a net profits interest; or a production payment.
</P>
<P><I>Financial assurance</I> means a surety bond, a pledge of Treasury securities, a decommissioning account, a third-party guarantee, or another form of security acceptable to the BOEM Regional Director, that is used to ensure compliance with obligations under the regulations in this part and under the terms of a lease, a RUE grant, or a pipeline ROW grant.
</P>
<P><I>Human environment</I> means the physical, social, and economic components, conditions, and factors that interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
</P>
<P><I>Initial period or primary term</I> means the initial period referred to in 43 U.S.C. 1337(b)(2).
</P>
<P><I>Investment grade credit rating</I> means an issuer credit rating of BBB- or higher (S&amp;P Global Ratings and Fitch Ratings, Inc.), Baa3 or higher (Moody's Investors Service Inc.), or its equivalent, assigned to an issuer of corporate debt by a nationally recognized statistical rating organization as that term is defined in section 3(a)(62) of the Securities Exchange Act of 1934.
</P>
<P><I>Issuer credit rating</I> means a credit rating assigned to an issuer of corporate debt by S&amp;P Global Ratings, by Moody's Investors Service Inc., by Fitch Ratings, Inc., or by another nationally recognized statistical rating organization, as that term is defined in section 3(a)(62) of the Securities Exchange Act of 1934.
</P>
<P><I>Joint bid</I> means a bid submitted by two or more persons for an oil and gas lease under section 8(a) of the Act.
</P>
<P><I>Lease</I> means an agreement that is issued under section 8 or maintained under section 6 of the Act and that authorizes exploration for, and development and production of, minerals on the OCS. The term also means the area covered by that agreement, whichever the context requires.
</P>
<P><I>Lease interest</I> means one or more of the following ownership interests in an OCS oil and gas or sulfur lease: a record title interest, an operating rights interest, or an economic interest.
</P>
<P><I>Lessee</I> means a person who has entered into a lease with the United States to explore for, develop, and produce the leased minerals and is therefore a record title owner of the lease, or the BOEM-approved assignee-owner of a record title interest. The term lessee also includes the BOEM-approved sublessee- or assignee-owner of an operating rights interest in a lease.
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, conditions, and quality of the marine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the OCS.
</P>
<P><I>Mineral</I> means oil, gas, and sulfur; it also includes sand, gravel, and salt used to facilitate the development and production of oil, gas, and sulfur.
</P>
<P><I>Natural gas</I> means a mixture of hydrocarbons and varying quantities of non-hydrocarbons that exist in the gaseous phase.
</P>
<P><I>Natural gas liquids</I> means liquefied petroleum products produced from reservoir gas and liquefied at surface separators, field facilities, or gas processing plants worldwide, including any of the following:
</P>
<P>(i) Condensate—natural gas liquids recovered from gas well gas (associated and non-associated) in separators or field facilities; or
</P>
<P>(ii) Gas plant products—natural gas liquids recovered from natural gas in gas processing plants and from field facilities. Gas plant products include the following, as classified according to the standards of the Natural Gas Processors Association (NGPA) or the American Society for Testing and Materials (ASTM):
</P>
<P>(A) Ethane—C2H6;
</P>
<P>(B) Propane—C3H8;
</P>
<P>(C) Butane—C4H10, including all products covered by NGPA specifications for commercial butane, including isobutane, normal butane, and other butanes—all butanes not included as isobutane or normal butane;
</P>
<P>(D) Butane-Propane Mixtures—All products covered by NGPA specifications for butane-propane mixtures;
</P>
<P>(E) Natural Gasoline—A mixture of hydrocarbons extracted from natural gas, that meets vapor pressure, end point, and other specifications for natural gasoline set by NGPA;
</P>
<P>(F) Plant Condensate—A natural gas plant product recovered and separated as a liquid at gas inlet separators or scrubbers in processing plants or field facilities; and
</P>
<P>(G) Other Natural Gas plant products meeting refined product standards (<I>i.e.,</I> gasoline, kerosene, distillate, etc.).
</P>
<P><I>Operating rights</I> means an interest created by sublease out of the record title interest in an oil and gas lease, authorizing the owner to explore for, develop, and/or produce the oil and gas contained within a specified area and depth of the lease (<I>i.e.,</I> operating rights tract).
</P>
<P><I>Operating rights owner</I> means the holder of operating rights.
</P>
<P><I>Operating rights tract</I> means the area within the lease from which the operating rights have been severed on an aliquot basis from the record title interest, defined by a beginning and ending depth.
</P>
<P><I>Operator</I> means the person designated as having control or management of operations on the leased area or a portion thereof. An operator may be a lessee, the operating rights owner, or a designated agent of the lessee or the operating rights owner.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in the Submerged Lands Act (43 U.S.C. 1301-1315) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Outer Continental Shelf Lands Act (OCSLA)</I> means the Outer Continental Shelf Lands Act (43 U.S.C. 1331-1356a), as amended.
</P>
<P><I>Owned,</I> as used in the context of restricted joint bidding or a statement of production, means:
</P>
<P>(i) With respect to crude oil—having either an economic interest in or a power of disposition over the production of crude oil;
</P>
<P>(ii) With respect to natural gas—having either an economic interest in or a power of disposition over the production of natural gas; and
</P>
<P>(iii) With respect to natural gas liquids—having either an economic interest in or a power of disposition over any natural gas liquids at the time of completion of the liquefaction process.
</P>
<P><I>Pensacola OPD</I> means the Official Protraction Diagram (OPD) designated as Pensacola that has a western edge located at the UTM X coordinate 1,393,920 in the NAD27.
</P>
<P><I>Person</I> means a natural person, where so designated, or an entity, such as a partnership, association, State, political subdivision of a State or territory, or a private, public, or municipal corporation.
</P>
<P><I>Planning area</I> means a large portion of the OCS, consisting of contiguous OCS blocks, defined for administrative planning purposes.
</P>
<P><I>Predecessor</I> means a prior lessee or owner of operating rights, or a prior holder of a right-of-use and easement grant or a pipeline right-of-way grant. A predecessor is liable for obligations that accrued or began accruing while it held an ownership interest in that lease or grant.
</P>
<P><I>Primary term or initial period</I> means the initial period referred to in 43 U.S.C. 1337(b)(2).
</P>
<P><I>Regional Director</I> means the BOEM officer with responsibility and authority for a Region within BOEM.
</P>
<P><I>Regional Supervisor</I> means the BOEM officer with responsibility and authority for leasing or other designated program functions within a BOEM Region.
</P>
<P><I>Right-of-Use and Easement (RUE)</I> means a right to use a portion of the seabed at an OCS site other than on a lease you own, to construct, secure to the seafloor, use, modify, or maintain platforms, seafloor production equipment, artificial islands, facilities, installations, and/or other devices to support the exploration, development, or production of oil, gas, or sulfur resources from an OCS lease or a lease on State submerged lands.
</P>
<P><I>Right-of-Way (ROW)</I> means an authorization issued by BSEE under the authority of section 5(e) of the OCSLA (43 U.S.C. 1334(e)) for the use of submerged lands of the Outer Continental Shelf for pipeline purposes.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or an official or a designated employee authorized to act on the Secretary's behalf.
</P>
<P><I>Single bid</I> means a bid submitted by one person for an oil and gas lease under section 8(a) of the Act.
</P>
<P><I>Six-month bidding period</I> means the 6-month period of time:
</P>
<P>(i) From May 1 through October 31; or
</P>
<P>(ii) from November 1 through April 30.
</P>
<P><I>Statement of production</I> means, in the context of joint restricted bidders, the following production during the applicable prior production period:
</P>
<P>(i) The average daily production in barrels of crude oil, natural gas, and natural gas liquids which it owned worldwide;
</P>
<P>(ii) The average daily production in barrels of crude oil, natural gas, and natural gas liquids owned worldwide by every subsidiary of the reporting person;
</P>
<P>(iii) The average daily production in barrels of crude oil, natural gas, and natural gas liquids owned worldwide by any person or persons of which the reporting person is a subsidiary; and
</P>
<P>(iv) The average daily production in barrels of crude oil, natural gas, and natural gas liquids owned worldwide by any subsidiary, other than the reporting person, of any person or persons of which the reporting person is a subsidiary.
</P>
<P><I>Tract</I> means one or more OCS blocks, or any leasable portion thereof, that will be part of a single oil and gas lease. The term tract may be used interchangeably with the term “bidding unit.”
</P>
<P><I>Transfer</I> means to convey an ownership interest in an oil, gas, or sulfur lease, ROW grant or RUE grant. For the purposes of this part, “transfer” is synonymous with “assign” and the two terms are used interchangeably.
</P>
<P><I>We, us, and our</I> mean BOEM or the Department of the Interior, depending on the context in which the word is used.
</P>
<P><I>Western Planning Area (WPA)</I> means that portion of the Gulf of America that lies south and east of Texas. Precise boundary information is available from the Leasing Division, Mapping and Boundary Branch.


</P>
<P><I>You,</I> depending on the context of this part, means a bidder, a lessee (record title owner), a sublessee (operating rights owner), a Federal or State RUE grant holder, a pipeline ROW grant holder, an assignor or transferor, a designated operator or agent of the lessee or grant holder, or an applicant seeking to become one of the individuals listed in this definition.


</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 81 FR 70358, Oct. 12, 2016; 89 FR 31580, Apr. 24, 2024; 90 FR 24071, 24072, June 6, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 556.106" NODE="30:2.0.3.5.6.1.246.7" TYPE="SECTION">
<HEAD>§ 556.106   Service fees.</HEAD>
<P>(a) The table in this paragraph (a) shows the fees you must pay to BOEM for the services listed. BOEM will adjust the fees periodically according to the Implicit Price Deflator for Gross Domestic Product and publish a document showing the adjustment in the <E T="04">Federal Register.</E> If a significant adjustment is needed to arrive at a new fee for any reason other than inflation, then a proposed rule containing the new fees will be published in the <E T="04">Federal Register</E> for comment.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Service Fee Table
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Service—processing of the following:
</TH><TH class="gpotbl_colhed" scope="col">Fee amount
</TH><TH class="gpotbl_colhed" scope="col">30 CFR citation
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Assignment of record title interest in Federal oil and gas lease(s) for BOEM approval</TD><TD align="right" class="gpotbl_cell">$260</TD><TD align="left" class="gpotbl_cell">§ 556.701(a)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Sublease or Assignment of operating rights interest in Federal oil and gas lease(s) for BOEM approval</TD><TD align="right" class="gpotbl_cell">$260</TD><TD align="left" class="gpotbl_cell">§ 556.801(a)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Required document filing for record purpose, but not for BOEM approval</TD><TD align="right" class="gpotbl_cell">$38</TD><TD align="left" class="gpotbl_cell">§ 556.715(a)


<br/>§ 556.808(a)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Non-required document filing for record purposes</TD><TD align="right" class="gpotbl_cell">$38</TD><TD align="left" class="gpotbl_cell">§ 556.715(b)


<br/>§ 556.808(b)</TD></TR></TABLE></DIV></DIV>
<P>(b) Evidence of payment via <I>pay.gov</I> of the fees listed in paragraph (a) of this section must accompany the submission of a document for approval or filing, or be sent to an office identified by the Regional Director.
</P>
<P>(c) Once a fee is paid, it is nonrefundable, even if your service request is withdrawn.
</P>
<P>(d) If your request is returned to you as incomplete, you are not required to submit a new fee with the amended submission.
</P>
<P>(e) The <I>pay.gov</I> Web site is accessible at <I>https://www.pay.gov/paygov/</I> or through the BOEM Web site at <I>http://www.boem.gov/Fees-for-Services</I>.
</P>
<P>(f) The fees listed in the table above apply equally to any document or information submitted electronically pursuant to part 560, subpart E, of this chapter.
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 87 FR 52446, Aug. 26, 2022; 89 FR 70493, Aug. 30, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 556.107" NODE="30:2.0.3.5.6.1.246.8" TYPE="SECTION">
<HEAD>§ 556.107   Corporate seal requirements.</HEAD>
<P>(a) If you electronically submit to BOEM any document or information referenced in § 560.500 of this chapter, any requirement to use a corporate seal under this chapter will be satisfied, and you will not need to affix your corporate seal to such document or information, if:
</P>
<P>(1) You properly file with BOEM a paper, with a corporate seal and the signature of the authorized person(s), stating that electronic submissions made by you will be legally binding, as set forth in § 560.502 of this chapter; and
</P>
<P>(2) You make electronic submissions to BOEM through a secure electronic filing system that conforms to the requirements of § 560.500; or,
</P>
<P>(b) You may file with BOEM a non-electronic document, containing a corporate seal and the signature of an authorized person(s), attesting that future documents and information filed by you by electronic or non-electronic means will be legally binding without an affixed corporate seal. If you file such a non-electronic attestation document with BOEM, any requirement for use of a corporate seal under the regulations of this chapter will be satisfied, and you will not need to affix your corporate seal to submissions where they would have been otherwise required.
</P>
<P>(c) If the State or territory in which you are incorporated does not issue or require corporate seals, the document referred to in paragraphs (a) and (b) of this section need not contain a corporate seal, but must still contain the signature of the authorized person(s), a statement that the State in which you are incorporated does not issue or require corporate seals, and a statement that submissions made by you will be legally binding.
</P>
<P>(d) Any document, or information submitted without corporate seal must still contain the signature of an individual qualified to sign who has the requisite authority to act on your behalf.
</P>
<P>(e) Any document or information submitted pursuant to this section is submitted subject to the penalties of 18 U.S.C. 1001, as amended by the False Statements Accountability Act of 1996.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.6.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil and Gas Five Year Leasing Program</HEAD>


<DIV8 N="§ 556.200" NODE="30:2.0.3.5.6.2.246.1" TYPE="SECTION">
<HEAD>§ 556.200   What is the Five Year leasing program?</HEAD>
<P>Section 18(a) of OCSLA (43 U.S.C. 1344(a)), requires the Secretary to prepare an oil and gas leasing program that consists of a five-year schedule of proposed lease sales to best meet national energy needs, showing the size, timing, and location of leasing activity as precisely as possible. BOEM prepares the five year schedule of proposed lease sales consistent with the principles set out in section 18(a)(1) and (2)(A)-(H) of OCSLA (43 U.S.C. 1344(a)(1) and (2)(A)-(H)) to obtain a proper balance among the potential for environmental damage, the potential for the discovery of oil and gas, and the potential for adverse impact on the coastal zone, as required by OCSLA section 18(a)(3) (43 U.S.C. 1344(a)(3)).


</P>
</DIV8>


<DIV8 N="§ 556.201" NODE="30:2.0.3.5.6.2.246.2" TYPE="SECTION">
<HEAD>§ 556.201   Does BOEM consider multiple uses of the OCS?</HEAD>
<P>BOEM gathers information about multiple uses of the OCS in order to assist the Secretary in making decisions on the 5-year program pursuant to provisions of 43 U.S.C. 1344. For this purpose, BOEM invites and considers suggestions from States and local governments, industry, and any other interested parties, primarily through public notice and comment procedures. BOEM also invites and considers suggestions from Federal agencies.


</P>
</DIV8>


<DIV8 N="§ 556.202" NODE="30:2.0.3.5.6.2.246.3" TYPE="SECTION">
<HEAD>§ 556.202   How does BOEM start the Five Year program preparation process?</HEAD>
<P>To begin preparation of the Five Year program, BOEM invites and considers nominations for any areas to be included or excluded from leasing, by doing the following:
</P>
<P>(a) BOEM prepares and makes public official protraction diagrams and leasing maps of OCS areas. In any area properly included in the official Five Year diagrams and maps, any area not already leased for oil and gas may be offered for lease.
</P>
<P>(b) BOEM invites and considers suggestions and relevant information from governors of States, local governments, industry, Federal agencies, and other interested parties, through a publication of a request for information in the <E T="04">Federal Register.</E> Any local government must first submit its comments on the request for information to its State governor before sending the comments to BOEM.
</P>
<P>(c) BOEM sends a letter to the governor of each affected State asking the governor to identify specific laws, goals, and policies that should be considered. Each State governor, as well as the Department of Commerce, is requested to identify the relationship between any oil and gas activity and the State under sections 305 and 306 of the CZMA, 16 U.S.C. 1454 and 1455.
</P>
<P>(d) BOEM asks the Department of Energy for information on regional and national energy markets and transportation networks.


</P>
</DIV8>


<DIV8 N="§ 556.203" NODE="30:2.0.3.5.6.2.246.4" TYPE="SECTION">
<HEAD>§ 556.203   What does BOEM do before publishing a proposed Five Year program?</HEAD>
<P>After considering the comments and information described in § 556.202, BOEM will prepare a draft proposed Five Year program.
</P>
<P>(a) At least 60 days before publication of a proposed program, BOEM will send a letter, together with the draft proposed program, to the governor of each affected State, inviting the governor to comment on the draft proposed program.
</P>
<P>(b) A governor, whether for purposes of preparing that State's comments or otherwise, may solicit comments from local governments that he determines may be affected by an oil and gas leasing program.
</P>
<P>(c) If a governor's comments on the draft proposed program are received by BOEM at least 15 days before submission of the proposed program to Congress and its publication for comment in the <E T="04">Federal Register,</E> BOEM will reply to the governor in writing.


</P>
</DIV8>


<DIV8 N="§ 556.204" NODE="30:2.0.3.5.6.2.246.5" TYPE="SECTION">
<HEAD>§ 556.204   How do governments and citizens comment on a proposed Five Year program?</HEAD>
<P>BOEM publishes the proposed program in the <E T="04">Federal Register</E> for comment by the public. At the same time, BOEM sends the proposed program to the governors of the affected States and to Congress and the Attorney General of the United States for review and comment.
</P>
<P>(a) Governors are responsible for providing a copy of the proposed program to affected local governments in their States. Local governments may comment directly to BOEM, but must also send their comments to the governor of their State.
</P>
<P>(b) All comments from any party are due within 90 days after publication of the request for comments in the <E T="04">Federal Register</E>.


</P>
</DIV8>


<DIV8 N="§ 556.205" NODE="30:2.0.3.5.6.2.246.6" TYPE="SECTION">
<HEAD>§ 556.205   What does BOEM do before approving a proposed final Five Year program or a significant revision of a previously-approved Five Year program?</HEAD>
<P>At least 60 days before the Secretary may approve a proposed final Five Year program or a significant revision to a previously approved final Five Year program, BOEM will submit a proposed final program or proposed significant revision to the President and Congress. BOEM will also submit comments received and indicate the reasons why BOEM did or did not accept any specific recommendation of the Attorney General of the United States, the governor of a State, or the executive of a local government.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.6.3" TYPE="SUBPART">
<HEAD>Subpart C—Planning and Holding a Lease Sale</HEAD>


<DIV8 N="§ 556.300" NODE="30:2.0.3.5.6.3.246.1" TYPE="SECTION">
<HEAD>§ 556.300   What reports may BOEM and other Federal agencies prepare before a lease sale?</HEAD>
<P>For an oil and gas lease sale in a Five Year program, and as the need arises for other mineral leasing pursuant to part 581 of this chapter, BOEM will prepare a report describing the general geology and potential mineral resources of the area under consideration. The Director may request other interested Federal agencies to prepare reports describing, to the extent known, any other valuable resources contained within the general area and the potential effect of mineral operations upon the resources or upon the total environment or other uses of the area.


</P>
</DIV8>


<DIV8 N="§ 556.301" NODE="30:2.0.3.5.6.3.246.2" TYPE="SECTION">
<HEAD>§ 556.301   What is a Call for Information and Nominations?</HEAD>
<P>BOEM issues a Call for Information and Nominations (“Call”) on an area proposed for leasing in the Five Year program through publication in the <E T="04">Federal Register</E> and other publications. A Call may include more than one proposed sale. Comments are requested from industry and the public on:
</P>
<P>(a) Industry interest in the area proposed for leasing, including nominations or indications of interest in specific blocks within the area;
</P>
<P>(b) Geological conditions, including bottom hazards;
</P>
<P>(c) Archaeological sites on the seabed or near shore;
</P>
<P>(d) Potential multiple uses of the proposed leasing area, including navigation, recreation, and fisheries;
</P>
<P>(e) Areas that should receive special concern and analysis; and
</P>
<P>(f) Other socioeconomic, biological, and environmental information.


</P>
</DIV8>


<DIV8 N="§ 556.302" NODE="30:2.0.3.5.6.3.246.3" TYPE="SECTION">
<HEAD>§ 556.302   What does BOEM do with the information from the Call?</HEAD>
<P>(a) Based upon information and nominations received in response to the Call, and in consultation with appropriate Federal agencies, the Director will develop a recommendation of areas proposed for leasing for the Secretary for further consideration for leasing and/or environmental analysis.
</P>
<P>(1) In developing the recommendation, the Director will consider available information concerning the environment, conflicts with other uses, resource potential, industry interest, and other relevant information, including comments received from State and local governments and other interested parties in response to the Call.
</P>
<P>(2) The Director, on his/her own motion, may include in the recommendation areas in which interest has not been indicated in response to a Call. In making a recommendation, the Director will consider all available environmental information.
</P>
<P>(3) Upon approval by the Secretary, the Director will announce the area identified in the <E T="04">Federal Register</E>.
</P>
<P>(b) BOEM will evaluate the area(s) identified for further consideration for the potential effects of leasing on the human, marine, and coastal environments, and may develop measures to mitigate adverse impacts, including lease stipulations, for the options to be analyzed. The Director may hold public hearings on the environmental analysis after an appropriate notice.
</P>
<P>(c) BOEM will seek to inform the public, as soon as possible, of changes from the area(s) proposed for leasing that occur after the Call process.
</P>
<P>(d) Upon request, the Director will provide relative indications of interest in areas, as well as any comments filed in response to a Call for a proposed sale. However, no information transmitted will identify any particular area with the name of any particular party so as not to compromise the competitive position of any participants in the process of indicating interest.
</P>
<P>(e) For supplemental sales provided for by § 556.308, the Director's recommendation will be replaced by a statement describing the results of the Director's consideration of the factors specified above in this section.


</P>
</DIV8>


<DIV8 N="§ 556.303" NODE="30:2.0.3.5.6.3.246.4" TYPE="SECTION">
<HEAD>§ 556.303   What does BOEM do if an area proposed for leasing is within three nautical miles of the seaward boundary of a coastal State?</HEAD>
<P>For an area proposed for leasing that is within three nautical miles of the seaward boundary of a coastal State, as governed by section 8(g)(1) of OCSLA (43 U.S.C. 1337(g)(1)):
</P>
<P>(a) BOEM provides the governor of the coastal State, subject to the confidentiality requirements in this chapter:
</P>
<P>(1) A schedule for leasing; and
</P>
<P>(2) An estimate of the potential oil and gas resources.
</P>
<P>(b) At the request of the governor of a coastal State, BOEM will provide to that governor, subject to the confidentiality requirements in this chapter:
</P>
<P>(1) Information concerning geographical, geological, and ecological characteristics; and
</P>
<P>(2) An identification of any field, geological structure, or trap, or portion thereof, that lies within three nautical miles of the State's boundary.


</P>
</DIV8>


<DIV8 N="§ 556.304" NODE="30:2.0.3.5.6.3.246.5" TYPE="SECTION">
<HEAD>§ 556.304   How is a proposed notice of sale prepared?</HEAD>
<P>(a) The Director will, in consultation with appropriate Federal agencies, develop measures, including lease stipulations and conditions, to mitigate adverse impacts on the environment, which will be contained, or referenced, in the proposed notice of sale.
</P>
<P>(b) A proposed notice of sale will be submitted to the Secretary for approval. All comments and recommendations received and the Director's findings or actions thereon, will also be forwarded to the Secretary.
</P>
<P>(c) Upon approval by the Secretary, BOEM will send a proposed notice of sale to the governors of affected States and publish the notice of its availability in the <E T="04">Federal Register.</E> The proposed notice of sale references or provides a link to the lease form, and contains a description of the area proposed for leasing, the proposed lease terms and conditions of sale, and proposed stipulations to mitigate potential adverse impacts on the environment.


</P>
</DIV8>


<DIV8 N="§ 556.305" NODE="30:2.0.3.5.6.3.246.6" TYPE="SECTION">
<HEAD>§ 556.305   How does BOEM coordinate and consult with States regarding a proposed notice of sale?</HEAD>
<P>(a) Within 60 days after receiving the proposed notice of sale, governors of affected States may submit comments and recommendations to BOEM regarding the size, timing, and location of the proposed sale. Local governments may comment to BOEM directly, but must also send their comments to the governor of their State.
</P>
<P>(b) BOEM will provide a consistency determination under the Coastal Zone Management Act (CZMA) (16 U.S.C. 1456) to each State with an approved coastal zone management program that will determine whether the proposed sale is consistent, to the maximum extent practicable, with the enforceable policies of the State's approved coastal zone management program.


</P>
</DIV8>


<DIV8 N="§ 556.306" NODE="30:2.0.3.5.6.3.246.7" TYPE="SECTION">
<HEAD>§ 556.306   What if a potentially oil- or gas-bearing area underlies both the OCS and lands subject to State jurisdiction?</HEAD>
<P>(a) Whenever the Director or the governor of a coastal State determines that a common potentially hydrocarbon-bearing area may underlie the Federal OCS and State submerged lands, the Director or the governor will notify the other party in writing of the determination.
</P>
<P>(b) Thereafter the Director will provide to the governor of the coastal State, subject to the confidentiality requirements in this chapter:
</P>
<P>(1) An identification of the areas proposed for leasing and a schedule for, leasing; and
</P>
<P>(2) An estimate of the oil and gas resources.
</P>
<P>(c) At the request of the governor of the coastal State, the Director will provide to such governor, subject to the confidentiality requirements in this chapter:
</P>
<P>(1) All geographical, geological, and ecological characteristics of the areas proposed for leasing; and
</P>
<P>(2) An identification of any field, geological structure, or trap that lies within 3 miles of the State's seaward boundary.
</P>
<P>(d) If BOEM intends to lease such blocks or tracts, the Director and the governor of the coastal State may enter into an agreement for the equitable disposition of the revenues from production of any common potentially hydrocarbon-bearing area, pursuant to OCSLA section 8(g)(3) (43 U.S.C. 1337(g)(3)). Any revenues received by the United States under such an agreement are subject to the requirements of OSCLA section 8(g)(2) (43 U.S.C. 1337(g)(2)).
</P>
<P>(e) If the Director and the governor do not enter into an agreement under paragraph (d) of this section within 90 days, BOEM may nevertheless proceed with the leasing of the tracts, in which case all revenues will be deposited in a separate account in the Treasury of the United States, pending disposition of 27% (twenty-seven percent) of the revenues to the relevant coastal state(s), pursuant to the requirements of OCSLA section 8(g)(2). (43 U.S.C. 1337(g)(2)).


</P>
</DIV8>


<DIV8 N="§ 556.307" NODE="30:2.0.3.5.6.3.246.8" TYPE="SECTION">
<HEAD>§ 556.307   What does BOEM do with comments and recommendations received on the proposed notice of sale?</HEAD>
<P>(a) BOEM will consider all comments and recommendations received in response to the proposed notice of sale.
</P>
<P>(b) If the Secretary determines, after providing opportunity for consultation, that a governor's comments, and those of any affected local government, provide a reasonable balance between the national interest and the well-being of the citizens of the State, the Secretary will accept the recommendations of a State and/or local government(s). Any such determination of the national interest will be based on the findings, purposes and policies of the Act set forth in 43 U.S.C. 1332 and 43 U.S.C. 1801.
</P>
<P>(c) BOEM will send to each governor written reasons for its determination to accept or reject each governor's recommendation, and/or to implement any alternative means to provide for a reasonable balance between the national interest and the interests of the citizens of the State.


</P>
</DIV8>


<DIV8 N="§ 556.308" NODE="30:2.0.3.5.6.3.246.9" TYPE="SECTION">
<HEAD>§ 556.308   How does BOEM conduct a lease sale?</HEAD>
<P>(a) BOEM publishes a final notice of sale in the <E T="04">Federal Register</E> and in other publications, as appropriate, at least 30 days before the date of the sale. The final notice:
</P>
<P>(1) States the place, time, and method for filing bids and the place, date, and hour for opening bids; and
</P>
<P>(2) Contains or references a description of the areas offered for lease, the lease terms and conditions of sale, and stipulations to mitigate potential adverse impacts on the environment.
</P>
<P>(b) Oil and gas tracts are offered for lease by competitive sealed bid in accordance with the terms and conditions in the final notice of sale and applicable laws and regulations.
</P>
<P>(c) Unless BOEM finds that a larger area is necessary for reasonable economic production, no individual tract for oil and gas leasing will exceed 5,760 acres in area. If BOEM finds that an area larger than 5,760 acres is necessary in any particular area, the size of any such tract will be specified in the final notice of sale.
</P>
<P>(d) The final notice of sale references, or provides a link to, the OCS lease form which will be issued to successful bidders.


</P>
</DIV8>


<DIV8 N="§ 556.309" NODE="30:2.0.3.5.6.3.246.10" TYPE="SECTION">
<HEAD>§ 556.309   Does BOEM offer blocks in a sale that is not on the Five Year program schedule (called a Supplemental Sale)?</HEAD>
<P>(a) Except as provided in paragraph (c) of this section, BOEM may offer a block within a planning area included in the Five Year program in an otherwise unscheduled sale, if the block:
</P>
<P>(1) Received a bid that was rejected in an earlier sale;
</P>
<P>(2) Had a high bid that was forfeited in a scheduled sale; or
</P>
<P>(3) Is a development block subject to drainage.
</P>
<P>(b) For an unscheduled sale, BOEM may disclose the classification of the block as a development block.
</P>
<P>(c) Blocks in the Central or Western Gulf of America Planning Areas cannot be offered in a sale that is not on the schedule.


</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 90 FR 24071, June 6, 2025]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.3.5.6.4" TYPE="SUBPART">
<HEAD>Subpart D—Qualifications</HEAD>


<DIV8 N="§ 556.400" NODE="30:2.0.3.5.6.4.246.1" TYPE="SECTION">
<HEAD>§ 556.400   When must I demonstrate that I am qualified to hold a lease on the OCS?</HEAD>
<P>In order to bid on, own, hold, or operate a lease on the OCS, bidders, record title holders, and operating rights owners must first obtain a qualification number from BOEM.


</P>
</DIV8>


<DIV8 N="§ 556.401" NODE="30:2.0.3.5.6.4.246.2" TYPE="SECTION">
<HEAD>§ 556.401   What do I need to show to become qualified to hold a lease on the OCS and obtain a qualification number?</HEAD>
<P>(a) You may become qualified to hold a lease on the OCS and obtain a qualification number in accordance with § 556.402, if you submit evidence demonstrating that you are:
</P>
<P>(1) A natural person who is a citizen or national of the United States;
</P>
<P>(2) A natural person who is an alien lawfully admitted for permanent residence in the United States, as defined in 8 U.S.C. 1101(a)(20);
</P>
<P>(3) A private, public, or municipal corporation or Limited Liability Company or Limited Liability Corporation (either/both sometimes herein referred to as “LLC”) organized under the laws of any State of the United States, the District of Columbia, or any territory or insular possession subject to United States jurisdiction;
</P>
<P>(4) An association of such citizens, nationals, resident aliens, or corporations;
</P>
<P>(5) A State, the District of Columbia, or any territory or insular possession subject to United States jurisdiction;
</P>
<P>(6) A political subdivision of a State, the District of Columbia, or any territory or insular possession subject to United States jurisdiction; or
</P>
<P>(7) A Trust organized under the laws of any State of the United States, the District of Columbia, or any territory or insular possession subject to United States jurisdiction;
</P>
<P>(b) Statements and evidence submitted to demonstrate qualification under paragraphs (a)(1) through (6) of this section are subject to the penalties of 18 U.S.C. 1001.
</P>
<P>(b) BOEM may issue you a qualification number after you have provided evidence acceptable to BOEM.


</P>
</DIV8>


<DIV8 N="§ 556.402" NODE="30:2.0.3.5.6.4.246.3" TYPE="SECTION">
<HEAD>§ 556.402   How do I make the necessary showing to qualify and obtain a qualification number?</HEAD>
<P>(a) If BOEM has already issued you a qualification number, you may present that number to BOEM. If not, in order to become qualified, you must provide the information in paragraph (b) or (c) of this section before BOEM will issue you a BOEM qualification number.
</P>
<P>(b) A natural person must be a citizen or national of the United States, or a resident alien, to qualify. A United States citizen or national must submit written evidence acceptable to BOEM attesting to United States citizenship or national status. A resident alien must submit an original or a photocopy of the United States Citizenship and Immigration Services form evidencing legal status as a resident alien.
</P>
<P>(c) A person who is not a natural person must submit evidence (refer to paragraph (d) of this section) acceptable to BOEM that:
</P>
<P>(1) It is authorized to conduct business under the laws of a State, the District of Columbia, or any territory or insular possession subject to United States jurisdiction under which it is organized;
</P>
<P>(2) Under the operating rules of its business, it is authorized to hold OCS leases; and
</P>
<P>(3) Includes an up-to-date list of persons, and their titles, who are authorized to bind the corporation, association or other entity when conducting business on the OCS. It is up to you, in accordance with your organizational structure or rules, to identify the individual, or group of individuals, who has actual authority to bind your organization, and the title(s) they will use when they sign documents to bind the organization. You must maintain and regularly update the information as to who has the authority to bind the organization whenever that information changes.
</P>
<P>(d) Acceptable evidence under paragraph (c) of this section includes, but is not limited to:
</P>
<P>(1) For a corporation,
</P>
<P>(i) A statement by the Secretary of the corporation, over corporate seal, certifying that the corporation is authorized to hold OCS leases; and
</P>
<P>(ii) Evidence of authority of holders of positions entitled to bind the corporation, certified by Secretary of the corporation, over corporate seal, such as:
</P>
<P>(A) Certified copy of resolution of the board of directors with titles of officers authorized to bind corporation;
</P>
<P>(B) Certified copy of resolutions granting corporate officer authority to issue a power of attorney; or
</P>
<P>(C) Certified copy of power of attorney or certified copy of resolution granting power of attorney.
</P>
<P>(2) For a Limited or General Partnership,
</P>
<P>(i) A statement by an authorized party certifying that the partnership is authorized to hold OCS leases;
</P>
<P>(ii) A copy of your signed partnership formation documents, including a partnership agreement;
</P>
<P>(iii) A statement from each partner indicating, as appropriate, U.S. citizenship or incorporation or organization under the laws of a State, the District of Columbia, or any territory or insular possession subject to U.S. jurisdiction; and
</P>
<P>(iv) Documentation evidencing the existence of the partnership and that it was properly created, either from the Secretary of State of the State in which the partnership is registered or by an equivalent State or governmental office.
</P>
<P>(3) For a Limited Liability Company or Limited Liability Corporation,
</P>
<P>(i) A certificate of formation of the LLC;
</P>
<P>(ii) A statement by an individual authorized to bind the LLC, as listed under (c)(4) above, certifying that the LLC is authorized to hold OCS leases;
</P>
<P>(iii) A statement from each member indicating, as appropriate, U.S. citizenship, or incorporation or organization under the laws of a State, the District of Columbia, or any territory or insular possession subject to U.S. jurisdiction; and
</P>
<P>(iv) Evidence of authority of holders of positions entitled to bind the LLC, certified by an individual authorized to bind the LLC.
</P>
<P>(4) For a Trust,
</P>
<P>(i) A copy of the trust agreement or document establishing the trust and all amendments, properly certified by the trustee; and
</P>
<P>(ii) A statement indicating the law under which the trust is established and that the trust is authorized to hold OCS leases.
</P>
<P>(e) In the event that a person may be eligible to hold OCS leases, but that type of person is not listed in paragraphs (c) or (d) of this section, evidence of such eligibility will be submitted and certified by the highest level of management of the person authorized to do so pursuant to its operating agreement or governance documents.
</P>
<P>(f) Any person who obtains a qualification number from BOEM is responsible to ensure that it is not using the qualification number approved by BOEM for any purpose that its operating rules do not allow.
</P>
<P>(g) Any evidence submitted in response to paragraphs (c), (d), or (e) of this section is submitted subject to 18 U.S.C. 1001.
</P>
<P>(h) A person may not hold leases on the OCS until the evidence requested in this section has been accepted and approved by BOEM and BOEM has issued a qualification number to that person.
</P>
<P>(i) If use of a corporate seal is required by this section, you may meet the requirement as specified in § 556.107.


</P>
</DIV8>


<DIV8 N="§ 556.403" NODE="30:2.0.3.5.6.4.246.4" TYPE="SECTION">
<HEAD>§ 556.403   Under what circumstances may I be disqualified from acquiring a lease or an interest in a lease on the OCS?</HEAD>
<P>You may be disqualified from acquiring a lease or an interest in a lease on the OCS if:
</P>
<P>(a) You or your principals are excluded or disqualified from participating in a transaction covered by Federal non-procurement debarment and suspension (2 CFR parts 180 and 1400), unless the Department explicitly approves an exception for a transaction pursuant to the regulations in those parts;
</P>
<P>(b) The Secretary finds, after notice and hearing, that you or your principals (including in the meaning of “you,” for purposes of this subparagraph, a bidder or prospective bidder) fail to meet due diligence requirements or to exercise due diligence under section 8(d) of OCSLA (43 U.S.C. 1337(d)) on any OCS lease; or
</P>
<P>(c) BOEM disqualifies you from acquiring a lease or an interest in a lease on the OCS based on your unacceptable operating performance. BOEM will give you adequate notice and opportunity for a hearing before imposing a disqualification, unless BSEE has already provided such notice and opportunity for a hearing.
</P>
<CITA TYPE="N">[81 FR 34275, May 31, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 556.404" NODE="30:2.0.3.5.6.4.246.5" TYPE="SECTION">
<HEAD>§ 556.404   What do the non-procurement debarment rules require that I do?</HEAD>
<P>You must comply with the Department's non-procurement debarment regulations at 2 CFR parts 180 and 1400.
</P>
<P>(a) You must notify BOEM if you know that you or your principals are excluded, disqualified, have been convicted or are indicted of a crime as described in 2 CFR part 180, subpart C. You must make this notification before you sign a lease, sublease, or an assignment of record title interest or operating rights interest, or become a lease or unit operator. This paragraph does not apply if you have previously provided a statement disclosing this information, and you have received an exception from the Department, as described in 2 CFR 180.135 and 2 CFR 1400.137.
</P>
<P>(b) If you wish to enter into a covered transaction with another person at a lower tier, as described in 2 CFR 180.200, you must first:
</P>
<P>(1) Verify that the person is not excluded or disqualified under 2 CFR part 180; and
</P>
<P>(2) Require the person to:
</P>
<P>(i) Comply with 2 CFR part 180, subpart C; and
</P>
<P>(ii) Include the obligation to comply with 2 CFR part 180, subpart C in its contracts and other transactions.
</P>
<P>(c) After you enter into a covered transaction, you must immediately notify BOEM in writing if you learn that:
</P>
<P>(1) You failed to disclose pertinent information earlier; or
</P>
<P>(2) Due to changed circumstances, you or your principals now meet any of the criteria in 2 CFR 180.800.


</P>
</DIV8>


<DIV8 N="§ 556.405" NODE="30:2.0.3.5.6.4.246.6" TYPE="SECTION">
<HEAD>§ 556.405   When must I notify BOEM of mergers, name changes, or changes of business form?</HEAD>
<P>You must notify BOEM of any merger, name change, or change of business form as soon as practicable, but in no case later than one year after the earlier of the effective date or the date of filing the change or action with the Secretary of State or other authorized official in the State of original registry.


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:2.0.3.5.6.5" TYPE="SUBPART">
<HEAD>Subpart E—Issuance of a Lease</HEAD>


<DIV7 N="246" NODE="30:2.0.3.5.6.5.246" TYPE="SUBJGRP">
<HEAD>How To Bid</HEAD>


<DIV8 N="§ 556.500" NODE="30:2.0.3.5.6.5.246.1" TYPE="SECTION">
<HEAD>§ 556.500   Once qualified, how do I submit a bid?</HEAD>
<P>(a) You must submit a separate sealed bid for each tract or bidding unit to the address provided and by the time specified in the final notice of sale. You may not bid on less than an entire tract or bidding unit.
</P>
<P>(b) BOEM requires a deposit for each bid. The final notice of sale will specify the amount and method of payment.
</P>
<P>(c) Unless otherwise specified in the final notice of sale, the bid deposit amount will be 20 percent of the amount of the bid for any given tract or bidding unit.
</P>
<P>(d) You may not submit a bid on an OCS tract if, after notice and hearing under section 8(d) of OCSLA (43 U.S.C. 1337(d)), the Secretary finds that you are not meeting the diligence requirements on any OCS lease.
</P>
<P>(e) If the authorized officer within BOEM rejects your high bid, the decision is final for the Department, subject only to reconsideration upon your written request as set out in § 556.517.


</P>
</DIV8>


<DIV8 N="§ 556.501" NODE="30:2.0.3.5.6.5.246.2" TYPE="SECTION">
<HEAD>§ 556.501   What information do I need to submit with my bid?</HEAD>
<P>In accordance with OCSLA section 18(a)(4) (43 U.S.C. 1344(a)(4)), BOEM must evaluate every bid to ensure that the federal government receives fair market value for every lease. Section 26(a)(1)(A) of OCSLA (43 U.S.C. 1352(a)(1)(A)) provides that, in accordance with regulations prescribed by the Secretary, any lessee or permittee conducting any exploration for, or development or production of, oil or gas must provide the Secretary access to all data and information (including processed, analyzed, and interpreted information) obtained from that activity and must provide copies of that data and information as the Secretary may request.
</P>
<P>(a) As part of the lease sale process, every bidder submitting a bid on a tract, or participating as a joint bidder in such a bid, may at the time of bid be required to submit various information, including a Geophysical Data and Information Statement (GDIS) corresponding to that tract, as well as the bidder's exclusive/proprietary geophysical data in order for BOEM to properly evaluate the bid. If a GDIS required, each GDIS must include, as required by § 551.12(b) and (c) of this chapter:
</P>
<P>(1) A list of geophysical surveys or other information used as part of the decision to bid or participate in a bid on the block.
</P>
<P>(2) An accurate and complete record of each geophysical survey conducted, including digital navigational data and final location maps. The bidder and any joint bidder must include a map for each survey identified in the GDIS that illustrates the actual areal extent of the proprietary geophysical data.
</P>
<P>(b) If a bidder is required to submit a GDIS, the GDIS must be submitted even if the bidder did not rely on proprietary geophysical data and information in deciding to bid or participate as a joint bidder in the bid for any particular block, and must include entries for all such blocks.
</P>
<P>(c) The bidder must submit each GDIS in a separate and sealed envelope, or in an electronically readable spreadsheet format, with proprietary seismic data maps also available in an electronic format. Each bidder must submit the GDIS even if its joint bidder or bidders on a specific block also have submitted a GDIS.
</P>
<P>(d) If BOEM requires additional information related to bidding, it will describe the additional information requirements in the final notice of sale.
</P>
<P>(e) BOEM will reimburse bidders for the costs of complying with the requirements of this section, in accordance with § 550.196 (on lease) and/or § 551.13 (off lease) of this chapter.
</P>
<P>(f) Bids that are not made in compliance with this section will be considered incomplete and invalid.


</P>
</DIV8>

</DIV7>


<DIV7 N="247" NODE="30:2.0.3.5.6.5.247" TYPE="SUBJGRP">
<HEAD>Restrictions on Joint Bidding</HEAD>


<DIV8 N="§ 556.511" NODE="30:2.0.3.5.6.5.247.3" TYPE="SECTION">
<HEAD>§ 556.511   Are there restrictions on bidding with others and do those restrictions affect my ability to bid?</HEAD>
<P>The Energy Policy and Conservation Act of 1975, 42 U.S.C. 6213, prohibits joint bidding by major oil and gas producers under certain circumstances. BOEM implements 42 U.S.C. 6213 as follows:
</P>
<P>(a) BOEM publishes twice yearly in the <E T="04">Federal Register</E> a restricted joint bidders list. A person appearing on this list is limited in its ability to submit a joint bid. The list:
</P>
<P>(1) Consists of the persons chargeable with an average worldwide daily production in excess of 1.6 million barrels of crude oil and/or its equivalent in natural gas liquids and natural gas for the prior production period; and
</P>
<P>(2) Is based upon the statement of production that filed as required by § 556.513.
</P>
<P>(b) If BOEM places you on the restricted joint bidders list, BOEM will send you a copy of the order placing you on the list. You may appeal this order to the Interior Board of Land Appeals under 30 CFR part 590, subpart A.
</P>
<P>(c) If you are listed in the <E T="04">Federal Register</E> in any group of restricted bidders, you may not bid:
</P>
<P>(1) Jointly with another person in any other group of restricted bidders for the applicable 6-month bidding period; or
</P>
<P>(2) Separately during the 6-month bidding period if you have an agreement with another restricted bidder that will result in joint ownership in an OCS lease.
</P>
<P>(d) If you are listed in the <E T="04">Federal Register</E> in any group of restricted bidders, you may not make any pre-bidding agreement for the conveyance of any potential lease interest, whether by assignment, sale, transfer, or other means, to any person on the list of restricted joint bidders.
</P>
<P>(e) Even if you are not listed in the <E T="04">Federal Register</E> in any group of restricted bidders, you are prohibited from making any pre-bidding agreement for the assignment, sale, transfer, or other conveyance of any potential lease interest to two or more persons in different groups on the list of restricted joint bidders.
</P>
<P>(f) As a bidder, you are prohibited from unlawful combination with, or intimidation of, bidders under 18 U.S.C. 1860.


</P>
</DIV8>


<DIV8 N="§ 556.512" NODE="30:2.0.3.5.6.5.247.4" TYPE="SECTION">
<HEAD>§ 556.512   What bids may be disqualified?</HEAD>
<P>The following bids for any oil and gas lease will be disqualified and rejected in their entirety:
</P>
<P>(a) A joint bid submitted by two or more persons who are on the effective List of Restricted Joint Bidders; or
</P>
<P>(b) A joint bid submitted by two or more persons when:
</P>
<P>(1) One or more of those persons is chargeable for the prior production period with an average daily production in excess of 1.6 million barrels of crude oil, natural gas and natural gas liquids and has not filed a Statement of Production, as required by § 556.513 of this part for the applicable 6-month bidding period, or
</P>
<P>(2) Any of those persons have failed or refused to file a detailed report of production when required to do so under § 556.513, or
</P>
<P>(c) A single or joint bid submitted pursuant to an agreement (whether written or oral, formal or informal, entered into or arranged prior to or simultaneously with the submission of such single or joint bid, or prior to or simultaneously with the award of the bid upon the tract) that provides:
</P>
<P>(1) For the assignment, transfer, sale, or other conveyance of less than a 100 percent interest in the entire tract on which the bid is submitted, by a person or persons on the List of Restricted Joint Bidders, effective on the date of submission of the bid, to another person or persons on the same List of Restricted Joint Bidders; or
</P>
<P>(2) For the assignment, sale, transfer or other conveyance of less than a 100 percent interest in any fractional interest in the entire tract (which fractional interest was originally acquired by the person making the assignment, sale, transfer or other conveyance, under the provisions of the act) by a person or persons on the List of Restricted Joint Bidders, effective on the date of submission of the bid, to another person or persons on the same List of Restricted Joint Bidders; or
</P>
<P>(3) For the assignment, sale, transfer, or other conveyance of any interest in a tract by a person or persons not on the List of Restricted Joint Bidders, effective on the date of submission of the bid, to two or more persons on the same List of Restricted Joint Bidders; or
</P>
<P>(4) For any of the types of conveyances described in paragraphs (c)(1), (2), or (3) of this section where any party to the conveyance is chargeable for the prior production period with an average daily production in excess of 1.6 million barrels of crude oil, natural gas and natural gas liquids and has not filed a Statement of Production pursuant to § 556.513 for the applicable six-month bidding period. Assignments expressly required by law, regulation, lease or lease stipulation will not disqualify an otherwise qualified bid; or
</P>
<P>(d) A bid submitted by or in conjunction with a person who has filed a false, fraudulent or otherwise intentionally false or misleading detailed Report of Production.


</P>
</DIV8>


<DIV8 N="§ 556.513" NODE="30:2.0.3.5.6.5.247.5" TYPE="SECTION">
<HEAD>§ 556.513   When must I file a statement of production?</HEAD>
<P>(a) You must file a statement of production if your average worldwide daily production exceeded 1.6 million barrels for the prior production period, as determined using the method set forth in § 556.514. Your statement of production must specify that you were chargeable with an average daily production in excess of 1.6 million barrels for the prior production period.
</P>
<P>(b) The prior production periods are as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the bidding period of
</TH><TH class="gpotbl_colhed" scope="col">The prior production period is the
<br/>preceding
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) May through October</TD><TD align="left" class="gpotbl_cell">July through December.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) November through April</TD><TD align="left" class="gpotbl_cell">January through June.</TD></TR></TABLE></DIV></DIV>
<P>(c) You must file the statement of production by the following deadlines:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the bidding period of
</TH><TH class="gpotbl_colhed" scope="col">You must file the statement by
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) May through October</TD><TD align="left" class="gpotbl_cell">March 17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) November through April</TD><TD align="left" class="gpotbl_cell">September 17.</TD></TR></TABLE></DIV></DIV>
<P>(d) If you are required to file a statement of production, BOEM may require you to submit a detailed report of production.
</P>
<P>(1) The detailed report of production must list crude oil, natural gas liquids, and natural gas produced worldwide from reservoirs during the prior production period, and therefore chargeable to the prior production period.
</P>
<P>(i) The amount of crude oil chargeable to the prior production period will be established by measurement of volumes delivered at the point of custody transfer (e.g., from storage tanks to pipelines, trucks, tankers, or other media for transport to refineries or terminals), with adjustments for net differences between opening and closing inventories, and basic sediment and water.
</P>
<P>(ii) The amount of natural gas liquids chargeable to the prior production period must include gas liquefied at surface separators, field facilities, or gas processing plants.
</P>
<P>(iii) The amount of natural gas chargeable to the prior production period must include adjustments, where applicable, to reflect the volume of gas returned to natural reservoirs, and the reduction of volume resulting from the removal of natural gas liquids and non-hydrocarbon gases.
</P>
<P>(2) You must submit the detailed report of production within 30 days after receiving BOEM's request.
</P>
<P>(3) BOEM may inspect and copy any document, record of production, analysis, and other material to verify the accuracy of any earlier statement of production.
</P>
<P>(e) If you submit a statement of production that misrepresents your chargeable production, the Department may cancel any lease awarded in reliance upon the statement.


</P>
</DIV8>


<DIV8 N="§ 556.514" NODE="30:2.0.3.5.6.5.247.6" TYPE="SECTION">
<HEAD>§ 556.514   How do I determine my production for purposes of the restricted joint bidders list?</HEAD>
<P>(a) To determine the amount of production chargeable to you, add together:
</P>
<P>(1) Your average daily production in barrels of crude oil, natural gas liquids, and natural gas worldwide, all measured at 60 °F, using the equivalency or conversion factors for natural gas liquids and natural gas set out in 42 U.S.C. 6213(b)(2) and (3); and
</P>
<P>(2) Your proportionate share of the average daily production owned by any person that has an interest in you and/or in which you have an interest.
</P>
<P>(b) For the purpose of paragraph (a)(1) of this section, your production includes 100 percent of production owned by:
</P>
<P>(1) You;
</P>
<P>(2) Every subsidiary of yours;
</P>
<P>(3) Every person of which you are a subsidiary; and
</P>
<P>(4) Every subsidiary of any person of which you are a subsidiary.
</P>
<P>(c) For purposes of paragraph (a)(2) of this section, interest means at least a five percent ownership or control of you or the reporting person and includes any interest:
</P>
<P>(1) From ownership of securities or other evidence of ownership; or,
</P>
<P>(2) By participation in any contract, agreement, or understanding regarding control of the person or their production of crude oil, natural gas liquids, or natural gas.
</P>
<P>(d) For purposes of this section, subsidiary means a person, 50 percent or more of whose stock or other interest having power to vote for the election of a controlling body, such as directors or trustees, is directly or indirectly owned or controlled by another person.
</P>
<P>(e) For purposes of this section, production chargeable to you includes, but is not limited to, production obtained as a result of a production payment or a working, net profit, royalty, overriding royalty, or carried interest.
</P>
<P>(f) For purposes of this section, production must be measured with appropriate adjustments for:
</P>
<P>(1) Basic sediment and water;
</P>
<P>(2) Removal of natural gas liquids and non-hydrocarbon gases; and
</P>
<P>(3) Volume of gas returned to natural reservoirs.


</P>
</DIV8>


<DIV8 N="§ 556.515" NODE="30:2.0.3.5.6.5.247.7" TYPE="SECTION">
<HEAD>§ 556.515   May a person be exempted from joint bidding restrictions?</HEAD>
<P>BOEM may exempt you from some or all of the reporting requirements listed in § 556.513, and/or some or all of the joint bidding restrictions listed in §§ 556.511 and/or 556.512(a), (b), and/or (c), if, after opportunity for a hearing, BOEM determines that the extremely high costs in an area will preclude exploration and development without an exemption.


</P>
</DIV8>

</DIV7>


<DIV7 N="248" NODE="30:2.0.3.5.6.5.248" TYPE="SUBJGRP">
<HEAD>How Does BOEM Act on Bids?</HEAD>


<DIV8 N="§ 556.516" NODE="30:2.0.3.5.6.5.248.8" TYPE="SECTION">
<HEAD>§ 556.516   What does BOEM do with my bid?</HEAD>
<P>(a) BOEM opens the sealed bids at the place, date, and hour specified in the final notice of sale for the sole purpose of publicly announcing and recording the bids. BOEM does not accept or reject any bids at that time.
</P>
<P>(b) BOEM reserves the right to reject any and all bids received, regardless of the amount offered. BOEM accepts or rejects all bids within 90 days of opening. BOEM reserves the right to extend that time if necessary, and in that event, BOEM will notify bidder(s) in writing prior to the expiration of the initial 90-day period, or of any extension. Any bid not accepted within the prescribed 90-day period, or any extension thereof, will be deemed rejected. If your bid is rejected, BOEM will refund any money deposited with your bid, plus any interest accrued.
</P>
<P>(c) If the highest bids are a tie, BOEM will notify the bidders who submitted the tie bids. Within 15 days after notification, those bidders, if qualified, and not otherwise prohibited from bidding together, may:
</P>
<P>(1) Agree to accept the lease jointly. The bidders must notify BOEM of their decision and submit a copy of their agreement to accept the lease jointly.
</P>
<P>(2) Agree between/among themselves which bidder will accept the lease. The bidders must notify BOEM of their decision.
</P>
<P>(d) If no agreement is submitted pursuant to paragraph (c) of this section, BOEM will reject all the tie bids.
</P>
<P>(e) The Attorney General, in consultation with the Federal Trade Commission, has 30 days to review the results of the lease sale before BOEM may accept the bid(s) and issue the lease(s).


</P>
</DIV8>


<DIV8 N="§ 556.517" NODE="30:2.0.3.5.6.5.248.9" TYPE="SECTION">
<HEAD>§ 556.517   What may I do if my high bid is rejected?</HEAD>
<P>(a) The decision of the authorized officer on bids is the final action of the Department, subject only to reconsideration of the rejection of the high bid by the Director, in accordance with paragraph (b) of this section.
</P>
<P>(b) Within 15 days of bid rejection, you may file a written request for reconsideration with the Director, with a copy to the authorized officer. Such request must provide evidence as to why the Director should reconsider your bid. You will receive a written response either affirming or reversing the rejection of your bid.
</P>
<P>(c) The Director's decision on the request for reconsideration is not subject to appeal to the Interior Board of Land Appeals in the Department's Office of Hearings and Appeals.


</P>
</DIV8>

</DIV7>


<DIV7 N="249" NODE="30:2.0.3.5.6.5.249" TYPE="SUBJGRP">
<HEAD>Awarding the Lease</HEAD>


<DIV8 N="§ 556.520" NODE="30:2.0.3.5.6.5.249.10" TYPE="SECTION">
<HEAD>§ 556.520   What happens if I am the successful high bidder and BOEM accepts my bid?</HEAD>
<P>(a) If BOEM accepts your bid, BOEM will provide you with the appropriate number of copies of the lease for you to execute and return to BOEM. Within 11 business days after you receive the lease copies, you must:
</P>
<P>(1) Execute all copies of the lease;
</P>
<P>(2) Pay the first year's rental;
</P>
<P>(3) Pay the balance of the bonus bid, unless deferred under paragraph (b) below;
</P>
<P>(4) Comply with subpart I of this part; and,
</P>
<P>(5) Return all copies of the executed lease, including any required bond or other form of security approved by the Regional Director, to BOEM.
</P>
<P>(b) If provided for in the final notice of sale, BOEM may defer any part of the bonus and bid payment for up to five years after the sale according to a schedule included in the final notice of sale. You must provide a bond acceptable to BOEM to guarantee payment of a deferred bonus bid.
</P>
<P>(c) If you do not make the required payments and execute and return all copies of the lease and any required bond within 11 business days after receipt, or if you otherwise fail to comply with applicable regulations, your deposit will be forfeited. However, BOEM will return any deposit with interest if the tract is withdrawn from leasing before you execute the lease.
</P>
<P>(d) If you use an agent to execute the lease, you must include evidence with the executed copies of the lease that a person who is on the list of persons referenced in § 556.402(c)(3) authorized the agent to act for you.
</P>
<P>(e) After you comply with all requirements in this section, and after BOEM has executed the lease, BOEM will send you a fully executed lease.


</P>
</DIV8>


<DIV8 N="§ 556.521" NODE="30:2.0.3.5.6.5.249.11" TYPE="SECTION">
<HEAD>§ 556.521   When is my lease effective?</HEAD>
<P>Your lease is effective on the first day of the month following the date that BOEM executes the lease. You may request in writing, before BOEM executes the lease, that your lease be effective as of the first day of the month in which BOEM executes the lease. If BOEM agrees to make the lease effective as of the earlier date, BOEM will so indicate when it executes the lease.


</P>
</DIV8>


<DIV8 N="§ 556.522" NODE="30:2.0.3.5.6.5.249.12" TYPE="SECTION">
<HEAD>§ 556.522   What are the terms and conditions of the lease and when are they published?</HEAD>
<P>The terms and conditions of the lease will be stated in the final notice of sale and contained in the lease instrument itself. Oil and gas leases and leases for sulfur will be issued on forms approved by the Director.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="F" NODE="30:2.0.3.5.6.6" TYPE="SUBPART">
<HEAD>Subpart F—Lease Term and Obligations</HEAD>


<DIV7 N="250" NODE="30:2.0.3.5.6.6.250" TYPE="SUBJGRP">
<HEAD>Length of Lease</HEAD>


<DIV8 N="§ 556.600" NODE="30:2.0.3.5.6.6.250.1" TYPE="SECTION">
<HEAD>§ 556.600   What is the primary term of my oil and gas lease?</HEAD>
<P>(a) The primary term of an oil and gas lease will be five years, unless BOEM determines that:
</P>
<P>(1) The lease is located in unusually deep water or involves other unusually adverse conditions; and,
</P>
<P>(2) A lease term longer than five years is necessary to explore and develop the lease.
</P>
<P>(b) If BOEM determines that the criteria in paragraphs (a)(1) and (2) of this section are met, it may specify a longer primary term, not to exceed 10 years.
</P>
<P>(c) BOEM will specify the primary term in the final notice of sale and in the lease instrument.
</P>
<P>(d) The lease will expire at the end of the primary term, unless maintained beyond that term in accordance with the provisions of § 556.601.


</P>
</DIV8>


<DIV8 N="§ 556.601" NODE="30:2.0.3.5.6.6.250.2" TYPE="SECTION">
<HEAD>§ 556.601   How may I maintain my oil and gas lease beyond the primary term?</HEAD>
<P>You may maintain your oil and gas lease beyond the expiration of the primary term as long as:
</P>
<P>(a) You are producing oil or gas in paying quantities;
</P>
<P>(b) You are conducting approved drilling or well reworking operations with the objective of establishing production in paying quantities, in accordance with 30 CFR 250.180;
</P>
<P>(c) You are producing from, or drilling or reworking, an approved well adjacent to or adjoining your lease that extends directionally into your lease in accordance with 30 CFR 256.71;
</P>
<P>(d) You make compensatory payments on your lease in accordance with 30 CFR 256.72;
</P>
<P>(e) Your lease is included in a BSEE-approved unit, in accordance with 30 CFR part 250, subpart M; or
</P>
<P>(f) Your lease is subject to a suspension of production or a suspension of operations, in accordance with 30 CFR 250.168 through 250.180, for reasons other than gross negligence or a willful violation of a provision of your lease or any governing regulations.


</P>
</DIV8>


<DIV8 N="§ 556.602" NODE="30:2.0.3.5.6.6.250.3" TYPE="SECTION">
<HEAD>§ 556.602   What is the primary term of my sulfur lease?</HEAD>
<P>(a) Your sulfur lease will have a primary term of not more than 10 years, as specified in the lease.
</P>
<P>(b) BOEM will announce the primary term prior to the lease sale.
</P>
<P>(c) The lease will expire at the end of the primary term unless maintained beyond that term in accordance with the provisions of § 556.603.


</P>
</DIV8>


<DIV8 N="§ 556.603" NODE="30:2.0.3.5.6.6.250.4" TYPE="SECTION">
<HEAD>§ 556.603   How may I maintain my sulfur lease beyond the primary term?</HEAD>
<P>You may maintain your sulfur lease after the primary term as long as you are producing sulfur in paying quantities, conducting drilling, well reworking or plant construction, or other operations for the production of sulfur or you are granted a suspension by BSEE; or your lease is subject to a suspension directed by BSEE for reasons other than gross negligence or a willful violation of a provision of your lease or governing regulations.


</P>
</DIV8>

</DIV7>


<DIV7 N="251" NODE="30:2.0.3.5.6.6.251" TYPE="SUBJGRP">
<HEAD>Lease Obligations</HEAD>


<DIV8 N="§ 556.604" NODE="30:2.0.3.5.6.6.251.5" TYPE="SECTION">
<HEAD>§ 556.604   What are my rights and obligations as a record title owner?</HEAD>
<P>(a) As a record title owner, you are responsible for all administrative and operating performance on the lease, including paying any rent and royalty due.
</P>
<P>(b)(1) A record title owner owns operating rights to the lease, unless and until he or she severs the operating rights by subleasing them to someone else.
</P>
<P>(2) A sublease of operating rights from record title may be for a whole or undivided fractional interest in the entire lease or a described aliquot portion of the lease and/or a depth interval. The sublease creates an operating rights interest in the sublessee, herein referred to as the operating rights owner.
</P>
<P>(c) Within any given aliquot, the record title owner may sublease operating rights for up to a maximum of two depth divisions, which may result in a maximum of three different depth intervals. But, if the one, or two, depth divisions to which operating rights are subleased do not include the entire depth of the lease, whatever depth division(s) has not been subleased, remains part of the lessee/sublessor's record title interest. The depth intervals for which operating rights are subleased must be defined by a beginning and ending depth and the ending of one depth level must abut the beginning of the next depth level, with no gap in between.
</P>
<P>(d) Every current and prior record title owner is jointly and severally liable, along with all other record title owners and all prior and current operating rights owners, for compliance with all non-monetary terms and conditions of the lease and all regulations issued under OCSLA, as well as for fulfilling all non-monetary obligations, including decommissioning obligations, which accrue while it holds record title interest.
</P>
<P>(e) Record title owners that acquired their record title interests through assignment from a prior record title owner are also responsible for remedying all existing environmental or operational problems on any lease in which they own record title interests, with subrogation rights against prior lessees.
</P>
<P>(f) For monetary obligations, your obligation depends on the source of the monetary obligation and whether you have retained or severed your operating rights.
</P>
<P>(1) With respect to those operating rights that you have retained, you are primarily liable under 30 U.S.C. 1712(a) for your pro-rata share of all other monetary obligations pertaining to that portion of the lease subject to the operating rights you have retained, based on your share of operating rights in that portion of the lease.
</P>
<P>(2) With respect to all monetary obligations arising from or in connection with those operating rights that have been severed from your record title interest, your obligation is secondary to that of the sublessee(s) or later assignee(s) of the operating rights that were severed from your record title interest, as prescribed in 30 U.S.C. 1712(a).


</P>
</DIV8>


<DIV8 N="§ 556.605" NODE="30:2.0.3.5.6.6.251.6" TYPE="SECTION">
<HEAD>§ 556.605   What are my rights and obligations as an operating rights owner?</HEAD>
<P>(a) As an operating rights owner, you have the right to enter the leased area to explore for, develop, and produce oil and gas resources, except helium gas, contained within the aliquot(s) and depths within which you own operating rights, according to the lease terms, applicable regulations, and BOEM's approval of the sublease or subsequent assignment of the operating rights.
</P>
<P>(b) Unless otherwise prohibited, you have the right to authorize another party to conduct operations on the part of the lease to which your operating rights appertain.
</P>
<P>(c) An owner of operating rights who is designating a new designated operator must file a designation of operator under § 550.143 of this chapter.
</P>
<P>(d) An operating rights owner is only liable for obligations arising from that portion of the lease to which its operating rights appertain and that accrue during the period in which the operating rights owner owned the operating rights.
</P>
<P>(e) You are jointly and severally liable with other operating rights owners and the record title owners for all non-monetary lease obligations pertaining to that portion of the lease subject to your operating rights, which accrued during the time you held your operating rights interest.
</P>
<P>(f) An operating rights owner that acquires its operating rights interests through assignment from a prior operating rights owner is also responsible, with subrogation rights against prior operating rights owners, for remedying existing environmental or operational problems, to the extent that such problems arise from that portion of the lease to which its operating rights appertain, on any lease in which it owns operating rights.
</P>
<P>(g) You are primarily liable for monetary obligations pertaining to that portion of the lease subject to your operating rights, and the record title owners are secondarily liable. If there is more than one operating rights owner in a lease, each operating rights owner is primarily liable for its pro-rata share of the monetary obligations that pertain to the portion of the lease that is subject to its operating rights.


</P>
</DIV8>

</DIV7>


<DIV7 N="252" NODE="30:2.0.3.5.6.6.252" TYPE="SUBJGRP">
<HEAD>Helium</HEAD>


<DIV8 N="§ 556.606" NODE="30:2.0.3.5.6.6.252.7" TYPE="SECTION">
<HEAD>§ 556.606   What must a lessee do if BOEM elects to extract helium from a lease?</HEAD>
<P>(a) BOEM reserves the ownership of, and the right to extract, helium from all gas produced from your OCS lease. Under section 12(f) of OCSLA (43 U.S.C. 1341(f)), upon our request, you must deliver all or a specified portion of the gas containing helium to BOEM at a point on the leased area or at an onshore processing facility that BOEM designates.
</P>
<P>(b) BOEM will determine reasonable compensation and pay you for any loss caused by the extraction of helium, except for the value of the helium itself. BOEM may erect, maintain, and operate on your lease any reduction work and other equipment necessary for helium extraction. Our extraction of helium will be conducted in a manner to not cause substantial delays in the delivery of gas to your purchaser.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="G" NODE="30:2.0.3.5.6.7" TYPE="SUBPART">
<HEAD>Subpart G—Transferring All or Part of the Record Title Interest in a Lease</HEAD>


<DIV8 N="§ 556.700" NODE="30:2.0.3.5.6.7.253.1" TYPE="SECTION">
<HEAD>§ 556.700   May I assign or sublease all or any part of the record title interest in my lease?</HEAD>
<P>(a) With BOEM approval, you may assign your whole, or a partial record title interest in your entire lease, or in any aliquot(s) thereof.
</P>
<P>(b) With BOEM approval, you may sever all, or a portion of, your operating rights.
</P>
<P>(c) You must request approval of each assignment of a record title interest and each sublease of an operating rights interest. Each instrument that transfers a record title interest must describe, by aliquot parts, the interest you propose to transfer. Each instrument that severs an operating rights interest must describe, by officially designated aliquot parts and depth levels, the interest proposed to be transferred.


</P>
</DIV8>


<DIV8 N="§ 556.701" NODE="30:2.0.3.5.6.7.253.2" TYPE="SECTION">
<HEAD>§ 556.701   How do I seek approval of an assignment of the record title interest in my lease, or a severance of operating rights from that record title interest?</HEAD>
<P>(a) The Regional Director will provide the form to record an assignment of record title interest in a Federal OCS oil and gas or sulfur lease, or a severance of operating rights from that record title interest. You must submit to BOEM two originals of each instrument that transfers ownership of record title within 90 days after the last party executes the transfer instrument. You must pay the service fee listed in § 556.106 with your request and your submission must include evidence of payment via <I>pay.gov.</I>
</P>
<P>(b) Before BOEM approves an assignment or transfer, it must consult with, and consider the views of, the Attorney General. The Secretary may act on an assignment or transfer if the Attorney General has not responded to a request for consultation within 30 days of said request.
</P>
<P>(c) A new record title owner or sublessee must file a designation of operator, in accordance with § 550.143 of this chapter, along with the request for the approval of the assignment.


</P>
</DIV8>


<DIV8 N="§ 556.702" NODE="30:2.0.3.5.6.7.253.3" TYPE="SECTION">
<HEAD>§ 556.702   When will my assignment result in a segregated lease?</HEAD>
<P>(a) When there is an assignment by all record title owners of 100 percent of the record title to one or more aliquots in a lease, the assigned and retained portions become segregated into separate and distinct leases. In such case, both the new lease and the remaining portion of the original lease are referred to as “segregated leases” and the assignee(s) becomes the record title owner(s) of the new lease, which is subject to all the terms and conditions of the original lease.
</P>
<P>(b) If a record title holder transfers an undivided interest, <I>i.e.,</I> less than 100 percent of the record title interest in any given aliquot(s), that transfer will not segregate the portions of the aliquots, or the whole aliquots, in which part of the record title was transferred, into separate leases from the portion(s) in which no interest was transferred. Instead, that transfer will create a joint ownership between the assignee(s) and assignor(s) in the portions of the lease in which part of the record title interest was transferred. Any transfer of an undivided interest is subject to approval by BOEM.


</P>
</DIV8>


<DIV8 N="§ 556.703" NODE="30:2.0.3.5.6.7.253.4" TYPE="SECTION">
<HEAD>§ 556.703   What is the effect of the approval of the assignment of 100 percent of the record title in a particular aliquot(s) of my lease and of the resulting lease segregation?</HEAD>
<P>(a) The financial assurance requirements of subpart I of this part apply separately to each segregated lease.
</P>
<P>(b) The royalty, minimum royalty, and rental provisions of the original lease will apply separately to each segregated lease.
</P>
<P>(c) BOEM will allocate among the segregated leases, on a basis that is equitable under the circumstances, any remaining unused royalty suspension volume or other form of royalty suspension or royalty relief that had been granted to the original lease, not to exceed in aggregate the total remaining amount.
</P>
<P>(d) Each segregated lease will continue in full force and effect for the primary term of the original lease and so long thereafter as each segregated lease meets the requirements outlined in § 556.601. A segregated lease that does not meet the requirements of § 556.601 does not continue in force even if another segregated lease, which was part of the original lease, continues to meet those requirements.
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 89 FR 31593, Apr. 24, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 556.704" NODE="30:2.0.3.5.6.7.253.5" TYPE="SECTION">
<HEAD>§ 556.704   When may BOEM disapprove an assignment or sublease of an interest in my lease?</HEAD>
<P>(a) BOEM may disapprove an assignment or sublease of all or part of your lease interest(s):
</P>
<P>(1) When the transferor, transferee, or sublessee is not in compliance with all applicable regulations and orders, including financial assurance requirements;
</P>
<P>(2) When a transferor attempts a transfer that is not acceptable as to form or content (<I>e.g.,</I> not on standard form, containing incorrect legal description, not executed by a person authorized to bind the corporation, transferee does not meet the requirements of § 556.401); or
</P>
<P>(3) When the transfer does not conform to these regulations, or any other applicable laws or regulations (e.g., departmental debarment rules).
</P>
<P>(b) A transfer will be void if it is made pursuant to any prelease agreement that would cause a bid to be disqualified, such as those described in § 556.511(c), (d), or (e).
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 89 FR 31593, Apr. 24, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 556.705" NODE="30:2.0.3.5.6.7.253.6" TYPE="SECTION">
<HEAD>§ 556.705   How do I transfer the interest of a deceased natural person who was a lessee?</HEAD>
<P>(a) An heir or devisee must submit evidence by means of a certified copy of an appropriate court order or decree that the person is deceased; or, if no court action is necessary, a certified copy of the will and death certificate or notarized affidavits of two disinterested parties with knowledge of the facts.
</P>
<P>(b) The heir or devisee, if the lawful successor in interest, must submit evidence that he/she is the person named in the will or evidence from an appropriate judgment of a court or decree that he/she is the lawful successor in interest, along with the required evidence of his/her qualifications to hold a lease under subpart D of this part.
</P>
<P>(c) If the heir or devisee does not qualify to hold a lease under subpart D of this part, he/she will be recognized as the successor in interest, but he/she must divest him/herself of this interest in the lease, to a person qualified to be a hold a lease, within two years.


</P>
</DIV8>


<DIV8 N="§ 556.706" NODE="30:2.0.3.5.6.7.253.7" TYPE="SECTION">
<HEAD>§ 556.706   What if I want to transfer record title interests in more than one lease at the same time, but to different parties?</HEAD>
<P>You may not transfer interests in more than one lease to different parties using the same instrument. If you want to transfer the interest in more than one lease at the same time, you must submit duplicate, originally executed forms for each transfer. The forms used for each transfer must be accompanied by a cover letter executed by one of the parties to the transfer (or an authorized agent thereof) and evidence of payment via <I>pay.gov.</I>


</P>
</DIV8>


<DIV8 N="§ 556.707" NODE="30:2.0.3.5.6.7.253.8" TYPE="SECTION">
<HEAD>§ 556.707   What if I want to transfer different types of lease interests (not only record title interests) in the same lease to different parties?</HEAD>
<P>You may not transfer different types of lease interests in a lease to different parties using the same instrument. You must submit duplicate, originally executed forms for each transfer, to a different party, of a different type of lease interest. The form used to transfer each type of lease interest must be accompanied by a cover letter executed by one of the parties to the transfer (or an authorized agent thereof) and evidence of payment via <I>pay.gov.</I>


</P>
</DIV8>


<DIV8 N="§ 556.708" NODE="30:2.0.3.5.6.7.253.9" TYPE="SECTION">
<HEAD>§ 556.708   What if I want to transfer my record title interests in more than one lease to the same party?</HEAD>
<P>You may not transfer your record title interests in more than one lease to the same party using the same instrument. If you want to transfer record title interests in more than one lease at the same time, you must submit separate, originally executed forms for each transfer. The forms used for each transfer must be accompanied by a cover letter executed by one of the parties to the transfer (or an authorized agent thereof), and evidence of payment via <I>pay.gov.</I> A separate fee applies to each individual transfer of interest.


</P>
</DIV8>


<DIV8 N="§ 556.709" NODE="30:2.0.3.5.6.7.253.10" TYPE="SECTION">
<HEAD>§ 556.709   What if I want to transfer my record title interest in one lease to multiple parties?</HEAD>
<P>You may transfer your record title interest in one lease to multiple parties using the same instrument. That instrument must be submitted in duplicate originals, accompanied by a cover letter executed by one of the parties to the transfer (or an authorized agent thereof). In such a multiple transfer of interests using a single instrument, a separate fee applies to each individual transfer of interest, and evidence of payment via <I>pay.gov</I> must accompany the instrument.


</P>
</DIV8>


<DIV8 N="§ 556.710" NODE="30:2.0.3.5.6.7.253.11" TYPE="SECTION">
<HEAD>§ 556.710   What is the effect of an assignment of a lease on an assignor's liability under the lease?</HEAD>
<P>If you assign your record title interest, as an assignor you remain liable for all obligations, monetary and non-monetary, that accrued in connection with your lease during the period in which you owned the record title interest, up to the date BOEM approves your assignment. BOEM's approval of the assignment does not relieve you of these accrued obligations. Even after assignment, BOEM or BSEE may require you to bring the lease into compliance if your assignee or any subsequent assignee fails to perform any obligation under the lease, to the extent the obligation accrued before approval of your assignment. Until there is a BOEM-approved assignment of interest, you, as the assignor, remain liable for the performance of all lease obligations that accrued while you held record title interest, until all such obligations are fulfilled.


</P>
</DIV8>


<DIV8 N="§ 556.711" NODE="30:2.0.3.5.6.7.253.12" TYPE="SECTION">
<HEAD>§ 556.711   What is the effect of a record title holder's sublease of operating rights on the record title holder's liability?</HEAD>
<P>(a) A record title holder who subleases operating rights remains liable for all obligations of the lease, including those obligations accruing after BOEM's approval of the sublease, subject to § 556.604(e) and (f).
</P>
<P>(b) Neither the sublease of operating rights, nor subsequent assignment of those rights by the original sublessee, nor by any subsequent assignee of the operating rights, alters in any manner the liability of the record title holder for nonmonetary obligations.
</P>
<P>(c) Upon approval of the sublease of the operating rights, the sublessee and subsequent assignees of the operating rights become primarily liable for monetary obligations, but the record title holder remains secondarily liable for them, as prescribed in 30 U.S.C. 1712(a) and § 556.604(f)(2).


</P>
</DIV8>


<DIV8 N="§ 556.712" NODE="30:2.0.3.5.6.7.253.13" TYPE="SECTION">
<HEAD>§ 556.712   What is the effective date of a transfer?</HEAD>
<P>Any transfer is effective at 12:01 a.m. on the first day of the month following the date on which BOEM approves your request, unless you request an earlier effective date and BOEM approves that earlier date, but such earlier effective date, if prior to the date of BOEM's approval, does not relieve you of obligations accrued between that earlier effective date and the date of approval.


</P>
</DIV8>


<DIV8 N="§ 556.713" NODE="30:2.0.3.5.6.7.253.14" TYPE="SECTION">
<HEAD>§ 556.713   What is the effect of an assignment of a lease on an assignee's liability under the lease?</HEAD>
<P>As assignee, you and any subsequent assignees are liable for all obligations that accrue after the effective date of your assignment. As assignee, you must comply with all the terms and conditions of the lease and regulations issued under OCSLA, and in addition, you must remedy all existing environmental and operational problems on the lease, properly abandon all wells, and reclaim the site, as required under 30 CFR part 250.


</P>
</DIV8>


<DIV8 N="§ 556.714" NODE="30:2.0.3.5.6.7.253.15" TYPE="SECTION">
<HEAD>§ 556.714   As a restricted joint bidder, may I transfer an interest to another restricted joint bidder?</HEAD>
<P>(a) Where the proposed assignment or transfer is by a person who, at the time of acquisition of an interest in the lease, was on the List of Restricted Joint Bidders, and that assignment or transfer is of less than the entire interest held by the assignor or transferor and to a person or persons on the same List of Restricted Joint Bidders, the assignor or transferor must file, prior to the approval of the assignment, a copy of all agreements applicable to the acquisition of that lease or fractional interest, or a description of the timing and nature of the agreement(s) by which the assignor or transferor acquired the interest it now wishes to transfer.
</P>
<P>(b) Such description of the timing and nature of the transfer agreement must be submitted together with a certified statement that attests to the truth and accuracy of any information reported concerning that agreement, subject to the penalties of 18 U.S.C. 1001.
</P>
<P>(c) If you wish to transfer less than your entire interest to another restricted joint bidder, BOEM may request the opinion of the Attorney General before acting on your request.
</P>
<P>(d) You may request that any submission to BOEM made pursuant to this part be treated confidentially. Please note such a request on your submission. BOEM will treat this request for confidentiality in accordance with the regulations at § 556.104 and the regulations at 43 CFR part 2.


</P>
</DIV8>


<DIV8 N="§ 556.715" NODE="30:2.0.3.5.6.7.253.16" TYPE="SECTION">
<HEAD>§ 556.715   Are there any interests I may transfer or record without BOEM approval?</HEAD>
<P>(a) You may create, transfer, or assign economic interests without BOEM approval. However, for record purposes, you must send BOEM a copy of each instrument creating or transferring such interests within 90 days after the last party executes the transfer instrument. For each lease affected, you must pay the service fee listed in § 556.106 with your documents submitted for record purposes and your submission must include evidence of payment via <I>pay.gov.</I>
</P>
<P>(b) For recordkeeping purposes, you may also submit other legal documents to BOEM for transactions that do not require BOEM approval. If you submit such documents for record purposes not required by this part, you must pay the service fee listed in § 556.106 with your document submissions for each lease affected. Your submission must include evidence of payment via <I>pay.gov.</I>


</P>
</DIV8>


<DIV8 N="§ 556.716" NODE="30:2.0.3.5.6.7.253.17" TYPE="SECTION">
<HEAD>§ 556.716   What must I do with respect to the designation of operator on a lease when a transfer of record title is submitted?</HEAD>
<P>(a) If a transfer of ownership of the record title interest only changes the percentage ownership of the record title, no new parties or new aliquots are involved in the transaction, and no change of designated operator is made, you will not need to submit a new designation of operator form.
</P>
<P>(b) In all cases other than that in paragraph (a) of this section, you must submit new designation of operator forms in accordance with § 550.143 of this chapter. In the event that you are transferring multiple record title interests, you must comply with this requirement for each interest that does not fall within paragraph (a) of this section.


</P>
</DIV8>

</DIV6>


<DIV6 N="H" NODE="30:2.0.3.5.6.8" TYPE="SUBPART">
<HEAD>Subpart H—Transferring All or Part of the Operating Rights in a Lease</HEAD>


<DIV8 N="§ 556.800" NODE="30:2.0.3.5.6.8.253.1" TYPE="SECTION">
<HEAD>§ 556.800   As an operating rights owner, may I assign all or part of my operating rights interest?</HEAD>
<P>An operating rights owner may assign all or part of its operating rights interests, subject to BOEM approval. Each instrument that transfers an interest must describe, by officially designated aliquot parts and depth levels, the interest proposed to be transferred.


</P>
</DIV8>


<DIV8 N="§ 556.801" NODE="30:2.0.3.5.6.8.253.2" TYPE="SECTION">
<HEAD>§ 556.801   How do I seek approval of an assignment of my operating rights?</HEAD>
<P>(a) The Regional Director will provide the form to document the assignment of an operating rights interest. You must request approval of each assignment of operating rights and submit to BOEM two originals of each instrument that transfers ownership of operating rights within 90 days after the last party executes the transfer instrument. You must pay the service fee listed in § 556.106 with your request and your submission must include evidence of payment via <I>pay.gov.</I>
</P>
<P>(b) A new operating rights owner must file a designation of operator, in accordance with § 550.143, along with the request for the approval of the assignment.
</P>
<P>(c) If an operating rights owner assigns an undivided ownership interest in its operating rights, that assignment creates a joint ownership in the operating rights.
</P>
<P>(d) Before BOEM approves a sublease or re-assignment of operating rights, BOEM may consult with and consider the views of the Attorney General.


</P>
</DIV8>


<DIV8 N="§ 556.802" NODE="30:2.0.3.5.6.8.253.3" TYPE="SECTION">
<HEAD>§ 556.802   When may BOEM disapprove the transfer of all or part of my operating rights interest?</HEAD>
<P>BOEM may disapprove a transfer of all or part of your operating rights interest:
</P>
<P>(a) When the transferor or transferee is not in compliance with all applicable regulations and orders, including financial assurance requirements;
</P>
<P>(b) When a transferor attempts a transfer that is not acceptable as to form or content (<I>e.g.,</I> not on standard form, containing incorrect legal description, not executed in accordance with corporate governance, transferee does not meet the requirements of § 556.401); or
</P>
<HEAD>§ 556.802   When may BOEM disapprove the transfer of all or part of my operating rights interest?</HEAD>
<P>BOEM may disapprove a transfer of all or part of your operating rights interest:
</P>
<P>(a) When the transferor or transferee is not in compliance with all applicable regulations and orders, including financial assurance requirements;
</P>
<P>(b) When a transferor attempts a transfer that is not acceptable as to form or content (e.g., not on standard form, containing incorrect legal description, not executed in accordance with corporate governance, transferee does not meet the requirements of § 556.401); or
</P>
<P>(c) When the transfer does not conform to these regulations, or any other applicable laws or regulations (e.g., departmental debarment rules).
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 89 FR 31593, Apr. 24, 2024  






</CITA>
</DIV8>


<DIV8 N="§ 556.803" NODE="30:2.0.3.5.6.8.253.4" TYPE="SECTION">
<HEAD>§ 556.803   What if I want to assign operating rights interests in more than one lease at the same time, but to different parties?</HEAD>
<P>You may not assign operating rights interests in more than one lease to different parties using the same instrument. If you want to transfer operating rights interests in more than one lease at the same time, you must submit two originally executed forms for each transfer. Each request for a transfer of operating rights interest must be accompanied by a cover letter executed by one of the parties to the transfer (or an authorized agent thereof) and evidence of payment via <I>pay.gov.</I>


</P>
</DIV8>


<DIV8 N="§ 556.804" NODE="30:2.0.3.5.6.8.253.5" TYPE="SECTION">
<HEAD>§ 556.804   What if I want to assign my operating rights interest in a lease to multiple parties?</HEAD>
<P>You may assign your operating rights interest in one lease to multiple parties using the same instrument. That instrument must be submitted in duplicate originals, accompanied by a cover letter executed by one of the parties to the transfer (or an authorized agent thereof). In such a multiple transfer of interests using a single instrument, a separate fee applies to each individual transfer of interest and evidence of payment via <I>pay.gov</I> must accompany the instrument.


</P>
</DIV8>


<DIV8 N="§ 556.805" NODE="30:2.0.3.5.6.8.253.6" TYPE="SECTION">
<HEAD>§ 556.805   What is the effect of an operating rights owner's assignment of operating rights on the assignor's liability?</HEAD>
<P>An operating rights owner (who does not hold record title) who assigns the operating rights remains liable for all obligations of the lease that accrued during the period in which the assignor owned the operating rights, up to the effective date of the assignment, including decommissioning obligations that accrued during that period. BOEM's approval of the assignment does not alter that liability. Even after assignment, BOEM or BSEE may require the assignor to bring the lease into compliance if the assignee or any subsequent assignee fails to perform any obligation under the lease, to the extent the obligation accrued before approval of the assignment.


</P>
</DIV8>


<DIV8 N="§ 556.806" NODE="30:2.0.3.5.6.8.253.7" TYPE="SECTION">
<HEAD>§ 556.806   What is the effective date of an assignment of operating rights?</HEAD>
<P>An assignment is effective at 12:01 a.m. on the first day of the month following the date on which BOEM approves your request, unless you request an earlier effective date and BOEM approves that earlier date. Such an earlier effective date, if prior to the date of BOEM's approval, does not relieve you of obligations accrued between that earlier effective date and the date of approval.


</P>
</DIV8>


<DIV8 N="§ 556.807" NODE="30:2.0.3.5.6.8.253.8" TYPE="SECTION">
<HEAD>§ 556.807   What is the effect of an assignment of operating rights on an assignee's liability?</HEAD>
<P>As assignee, you and any subsequent assignees are liable for all obligations that accrue after the effective date of your assignment. As assignee, you must comply with all the terms and conditions of the lease and regulations issued under OCSLA. In addition, you must remedy all existing environmental and operational problems on the lease, properly abandon all wells, and reclaim the site, as required under 30 CFR part 250.


</P>
</DIV8>


<DIV8 N="§ 556.808" NODE="30:2.0.3.5.6.8.253.9" TYPE="SECTION">
<HEAD>§ 556.808   As an operating rights owner, are there any interests I may assign without BOEM approval?</HEAD>
<P>(a) You may create, transfer, or assign economic interests without BOEM approval. However, for record purposes, you must send BOEM a copy of each instrument creating or transferring such interests within 90 days after the last party executes the transfer instrument. For each lease affected, you must pay the service fee listed in § 556.106 with your documents submitted for record purposes, and your submission must include evidence of payment via <I>pay.gov.</I>
</P>
<P>(b) For record keeping purposes, you may also submit other legal documents to BOEM for transactions that do not require BOEM approval. If you submit such documents for record purposes that are not required by these regulations, for each lease affected, you must pay the service fee listed in § 556.106 with your document submissions, and your submission must include evidence of payment via <I>pay.gov.</I>


</P>
</DIV8>


<DIV8 N="§ 556.809" NODE="30:2.0.3.5.6.8.253.10" TYPE="SECTION">
<HEAD>§ 556.809   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 556.810" NODE="30:2.0.3.5.6.8.253.11" TYPE="SECTION">
<HEAD>§ 556.810   What must I do with respect to the designation of operator on a lease when a transfer of operating rights ownership is submitted?</HEAD>
<P>(a) If a transfer of ownership of operating rights only changes the percentage ownership; no new parties, new aliquots, or new depths are involved in the transaction; and no change of designated operator is made, you will not need to submit a new designation of operator form.
</P>
<P>(b) In all cases other than that in paragraph (a) of this section, you must submit new designation of operator forms, in accordance with § 550.143 of this chapter. In the event that you are transferring multiple operating rights interests, you must comply with this requirement for each interest that does not fall within paragraph (a) of this section.


</P>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:2.0.3.5.6.9" TYPE="SUBPART">
<HEAD>Subpart I—Financial Assurance</HEAD>


<DIV8 N="§ 556.900" NODE="30:2.0.3.5.6.9.253.1" TYPE="SECTION">
<HEAD>§ 556.900   Financial assurance requirements for an oil and gas or sulfur lease.</HEAD>
<P>This section establishes financial assurance requirements for the lessee of an OCS oil and gas or sulfur lease.
</P>
<P>(a) Before BOEM will issue a new lease to you as the lessee, you or another lessee for the lease must comply with one of the options in paragraphs (a)(1) through (3) of this section. Before BOEM will approve the assignment of a record title interest in an existing lease to you as the lessee, you or another lessee for the lease must provide any supplemental financial assurance required by the Regional Director and also comply with one of the options in paragraphs (a)(1) through (3).
</P>
<P>(1) Maintain with the Regional Director a $50,000 lease bond that guarantees compliance with all the terms and conditions of the lease; or
</P>
<P>(2) Maintain a $300,000 area-wide bond that guarantees compliance with all the terms and conditions of all your oil and gas and sulfur leases in the area where the lease is located; or
</P>
<P>(3) Maintain a lease or area-wide bond in the amount required in § 556.901(a) or (b).


</P>
<P>(b) For the purpose of this section, there are three areas. The three areas are:
</P>
<P>(1) The Gulf of America and the area offshore the Atlantic Coast;
</P>
<P>(2) The area offshore the Pacific Coast States of California, Oregon, Washington, and Hawaii; and
</P>
<P>(3) The area offshore the Coast of Alaska.
</P>
<P>(c) The requirement to maintain a lease bond (or substitute security instrument) under paragraph (a)(1) of this section and § 556.901(a) and (b) may be satisfied if your operator or an operating rights owner provides a lease bond in the required amount that guarantees compliance with all the terms and conditions of the lease. Your operator or an operating rights owner may use an areawide bond under this paragraph to satisfy your bond obligation.
</P>
<P>(d) If a surety makes payment to the United States under a bond or alternative form of security maintained under this section, the surety's remaining liability under the bond or alternative form of security is reduced by the amount of that payment. See paragraph (e) of this section for the requirement to replace the reduced bond coverage.
</P>
<P>(e) If the value of your surety bond or alternative security is reduced because of a default or for any other reason, you must provide additional bond coverage sufficient to meet the security required under this subpart within 6 months, or such shorter period of time as the Regional Director may direct.
</P>
<P>(f) You may pledge United States Department of the Treasury (Treasury) securities instead of a bond. The Treasury securities you pledge must be negotiable for an amount of cash equal to the value of the bond they replace.
</P>
<P>(1) If you pledge Treasury securities under this paragraph (f), you must monitor their value. If their market value falls below the level of bond coverage required under this subpart, you must pledge additional Treasury securities to raise the value of the securities pledged to the required amount.
</P>
<P>(2) If you pledge Treasury securities, you must include authority for the Regional Director to sell them and use the proceeds in the event that the Regional Director determines that you fail to satisfy any lease obligation.
</P>
<P>(g) You may provide alternative types of financial assurance instead of providing a surety bond if the Regional Director determines that the alternative financial assurance protects the interests of the United States to the same extent as a surety bond.
</P>
<P>(1) If you pledge an alternative type of security under this paragraph, you must monitor the security's value. If its market value falls below the level of bond coverage required under this subpart, you must pledge additional securities to raise the value of the securities pledged to the required amount.
</P>
<P>(2) If you pledge an alternative type of security, you must include authority for the Regional Director to sell the security and use the proceeds when the Regional Director determines that you failed to satisfy any lease obligation.
</P>
<P>(h) If you fail to replace deficient financial assurance or to provide supplemental financial assurance upon demand, the Regional Director may:
</P>
<P>(1) Assess penalties under part 550, subpart N of this subchapter;
</P>
<P>(2) Request BSEE to suspend production and other operations on your lease in accordance with § 250.173 of this title; and/or
</P>
<P>(3) Initiate action to cancel your lease.
</P>
<P>(i) In the event you amend your area-wide surety bond covering lease obligations, or obtain a new area-wide lease surety bond, to cover the financial assurance requirements for any RUE(s), your area-wide lease surety bond may be called in whole or in part to cover any or all the obligations on which you default that are associated with your RUE(s) located in the area covered by such area-wide lease surety bond.
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 89 FR 31593, Apr. 24, 2024; 90 FR 24071, June 6, 2025]






</CITA>
</DIV8>


<DIV8 N="§ 556.901" NODE="30:2.0.3.5.6.9.253.2" TYPE="SECTION">
<HEAD>§ 556.901   Base and supplemental financial assurance.</HEAD>
<P>(a) You must provide the following financial assurance before commencing any lease exploration activities.
</P>
<P>(1)(i) You must furnish the Regional Director $200,000 in lease exploration financial assurance that guarantees compliance with all the terms and conditions of the lease by the earliest of:
</P>
<P>(ii) The Regional Director may authorize you to submit the $200,000 lease exploration bond after you submit an EP, but before approval of drilling activities under the EP.
</P>
<P>(iii) You may satisfy the bond requirement of this paragraph (a) by providing a new bond or by increasing the amount of your existing bond.
</P>
<P>(2) A $200,000 lease exploration bond pursuant to paragraph (a)(1) of this section need not be submitted and maintained if the lessee either:
</P>
<P>(i) Furnishes and maintains an areawide bond in the sum of $1 million issued by a qualified surety and conditioned on compliance with all the terms and conditions of oil and gas and sulfur leases held by the lessee on the OCS for the area in which the lease is situated; or
</P>
<P>(ii) Furnishes and maintains a bond pursuant to paragraph (b)(2) of this section.
</P>
<P>(b) This paragraph (b) explains what financial assurance you must provide before lease development and production activities commence.
</P>
<P>(1)(i) You must furnish the Regional Director $500,000 in lease development financial assurance that guarantees compliance with all the terms and conditions of the lease by the earliest of:
</P>
<P>(A) The date you submit a proposed development and production plan (DPP) or development operations coordination document (DOCD) for approval; or
</P>
<P>(B) The date you submit a request for approval of the assignment of a lease on which a DPP or DOCD has been approved.
</P>
<P>(ii) The Regional Director may authorize you to submit the $500,000 lease development bond after you submit a DPP or DOCD, but before he/she approves the installation of a platform or the commencement of drilling activities under the DPP or DOCD.
</P>
<P>(iii) You may satisfy the bond requirement of this paragraph by providing a new bond or by increasing the amount of your existing bond.
</P>
<P>(2) You need not submit and maintain a $500,000 lease development bond pursuant to paragraph (b)(1) of this section if you furnish and maintain an areawide bond in the sum of $3 million issued by a qualified surety and conditioned on compliance with all the terms and conditions of oil and gas and sulfur leases you hold on the OCS for the area in which the lease is located.


</P>
<P>(c) If you can demonstrate to the satisfaction of the Regional Director that you can satisfy your decommissioning and other lease obligations for less than the amount of financial assurance required under paragraph (a)(1) or (b)(1) of this section, the Regional Director may accept financial assurance in an amount less than the prescribed amount but not less than the amount of the cost for decommissioning.
</P>
<P>(d) The Regional Director may determine that supplemental financial assurance (<I>i.e.,</I> financial assurance above the amounts prescribed in §§ 550.166(a) and 550.1011(a) of this subchapter, § 556.900(a), or paragraphs (a) and (b) of this section) is required to ensure compliance with your lease obligations, including decommissioning obligations; the regulations in this chapter; and the regulations in chapters II and XII of this title. The Regional Director may require you to provide supplemental financial assurance if you do not meet at least one of the following criteria:
</P>
<P>(1) You have an investment grade credit rating. If any nationally recognized statistical rating organization, as that term is defined in section 3(a)(62) of the Securities Exchange Act of 1934, provides a credit rating for you that differs from that of any other nationally recognized statistical rating organization, BOEM will apply the highest rating for purposes of determining your financial assurance requirements.
</P>
<P>(2) You have a proxy credit rating determined by the Regional Director that they determine reflects creditworthiness equivalent to an investment grade credit rating, which must be based on audited financial information for the most recent fiscal year (which must include an income statement, balance sheet, statement of cash flows, and the auditor's certificate).
</P>
<P>(i) The audited financial information for your most recent fiscal year must cover a continuous twelve-month period within the twenty-four-month period prior to your receipt of the Regional Director's determination that you must provide supplemental financial assurance.
</P>
<P>(ii) In determining your proxy credit rating, the Regional Director may include the total value of the offshore decommissioning liabilities associated with any lease(s) or grants in which you have an ownership interest. Upon the request of the Regional Director, you must provide the information that the Regional Director determines is necessary to properly evaluate the total value of your offshore decommissioning liabilities, including joint ownership interests and liabilities associated with your OCS leases and grants.
</P>
<P>(3) Your co-lessee or co-grant holder has an issuer credit rating or proxy credit rating that meets the criterion set forth in paragraph (d)(1) or (2) of this section, as applicable. However, the presence of such co-lessee or co-grant holder will allow the Regional Director to not require financial assurance from you only to the extent that you and that co-lessee or co-grant holder share accrued liabilities, and the Regional Director may require you to provide supplemental financial assurance for decommissioning obligations for which such co-lessee or co-grant holder is not liable.
</P>
<P>(4) There are proved oil and gas reserves on the lease, unit, or field, as defined by the SEC Regulation S-X at 17 CFR 210.4-10 and SEC Regulation S-K at 17 CFR 229.1200, the discounted value of which exceeds three times the estimated undiscounted cost of the decommissioning associated with the production of those reserves, and that value must be based on proved reserve reports submitted to the Regional Director and reported on a per-lease, unit, or field basis. BOEM will determine the decommissioning costs associated with the production of your reserves, and will use the following undiscounted decommissioning cost estimates:
</P>
<P>(i) Where BSEE-generated probabilistic estimates are available, BOEM will use the estimate at the level at which there is a 70 percent probability that the actual cost of decommissioning will be less than the estimate (P70).
</P>
<P>(ii) If there is no BSEE probabilistic estimate available, BOEM will use the BSEE-generated deterministic estimate.
</P>
<P>(e) You may satisfy the Regional Director's demand for supplemental financial assurance by increasing the amount of your existing financial assurance or providing additional surety bonds or other types of acceptable financial assurance.
</P>
<P>(f) The Regional Director will use the BSEE P70 decommissioning probabilistic estimate to determine the amount of supplemental financial assurance required to guarantee compliance when there is no lessee or co-lessee that meets the criterion in paragraph (d)(1) or (2) of this section. In making this determination, the Regional Director will also consider your potential underpayment of royalty and cumulative decommissioning obligations. Note that BOEM will use these P-values only in the context of determining how much financial assurance is required, and not in the context of bond forfeiture. Regardless of whether you are required to provide supplemental financial assurance at the P70 level, you remain liable for the full costs of decommissioning, and your surety remains liable for the full amount of decommissioning up to the limit of assurance provided.




</P>
<P>(g) If your cumulative potential obligations and liabilities either increase or decrease, the Regional Director may adjust the amount of supplemental financial assurance required.
</P>
<P>(1) If the Regional Director proposes an adjustment, the Regional Director will:
</P>
<P>(i) Notify you and your financial assurance provider of any proposed adjustment to the amount of financial assurance required; and
</P>
<P>(ii) Give you an opportunity to submit written or oral comment on the adjustment.
</P>
<P>(2) If you request a reduction of the amount of supplemental financial assurance required, or oppose the amount of a proposed adjustment, you must submit evidence to the Regional Director demonstrating that the projected amount of royalties due to the United States Government and the estimated costs of decommissioning are less than the required financial assurance amount. Upon review of your submission, the Regional Director may reduce the amount of financial assurance required.
</P>
<P>(h) During the first 3 years from June 24, 2024, you may, upon receipt of a demand letter for supplemental financial assurance under this section, request that the Regional Director allow you to provide, in three equal installments payable according to the schedule provided under this paragraph (h), the full amount of supplemental financial assurance required.
</P>
<P>(1) If the Regional Director allows you to provide the amount required on such a phased basis, you must comply with the following:
</P>
<P>(i) You must provide the initial one-third of the total supplemental financial assurance required within the timeframe specified in the demand letter or, if no timeframe is specified, within 60 calendar days of the date of receipt of the demand letter.
</P>
<P>(ii) You must provide the second one-third of the required supplemental financial assurance to BOEM within 24 months of the date of receipt of the demand letter.
</P>
<P>(iii) You must provide the final one-third of the required supplemental financial assurance to BOEM within 36 months of the date of receipt of the demand letter.
</P>
<P>(2) If the Regional Director allows you to meet your supplemental financial assurance requirement in a phased manner, as set forth in this section, and you fail to timely provide the required supplemental financial assurance to BOEM, the Regional Director will notify you of such failure. You will no longer be eligible to meet your supplemental financial assurance requirement in the manner prescribed in this paragraph (h), and the remaining amount due will become due 10 calendar days after such notification is received.


</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 31594, Apr. 24, 2024] 




</CITA>
</DIV8>


<DIV8 N="§ 556.902" NODE="30:2.0.3.5.6.9.253.3" TYPE="SECTION">
<HEAD>§ 556.902   General requirements for bonds or other financial assurance.</HEAD>
<P>(a) Any surety bond or other financial assurance that you, as record title owner, operating rights owner, grant holder, or operator, provide under this part, or under part 550 of this subchapter, must:
</P>
<P>(1) Be payable upon demand to the Regional Director;
</P>
<P>(2) Guarantee compliance with all your obligations under the lease or grant, the regulations in chapters II and XII of this title, and all BOEM and BSEE orders; and
</P>
<P>(3) Except as stated in § 556.905(b), guarantee compliance with the obligations of all record title owners, operating rights owners, and operators on the lease, and all grant-holders on a grant.
</P>
<P>(b) All bonds and pledges you furnish under this part must be on a form or in a form approved by the Director. Surety bonds must be issued by a surety that the Treasury certifies as an acceptable surety on Federal bonds and that is listed in the current Treasury Circular No. 570. You may obtain a copy of the current Treasury Circular No. 570 from the Surety Bond Branch, Financial Management Service, Department of the Treasury, East-West Highway, Hyattsville, MD 20782.
</P>
<P>(c) You and a qualified surety must execute your bond. When either party is a corporation, an authorized official for the party must sign the bond and attest to it by an imprint of the corporate seal.
</P>
<P>(d) Bonds must be non-cancellable, except as provided in § 556.906 of this part. Bonds must continue in full force and effect even though an event occurs that could diminish, terminate, or cancel a surety obligation under State surety law.
</P>
<P>(e) Lease bonds must be:
</P>
<P>(1) A surety bond;
</P>
<P>(2) A pledge of Treasury securities, as provided in § 556.900(f);
</P>
<P>(3) Another form of security approved by the Regional Director; or
</P>
<P>(4) A combination of these security methods.
</P>
<P>(f) You may submit a bond to the Regional Director executed on a form approved under paragraph (b) of this section that you have reproduced or generated by use of a computer. If you do, and if the document omits terms or conditions contained on the form approved by the Director, the bond you submit will be deemed to contain the omitted terms and conditions.
</P>
<P>(g) If you believe that BOEM's supplemental financial assurance demand is unjustified, you may request an informal resolution of your dispute in accordance with the requirements of § 590.6 of this chapter. Your request for an informal resolution will not affect your right to request to meet your supplemental financial assurance requirement in a phased manner under § 556.901(h).
</P>
<P>(h) You may file an appeal of a supplemental financial assurance demand with the Interior Board of Land Appeals (IBLA) pursuant to the regulations in part 590 of this chapter. However, if you request that the IBLA stay the demand pending a final ruling on your appeal, you must post an appeal surety bond equal to the amount of the demand that you seek to stay before any such stay is effective.
</P>
<CITA TYPE="N">[81 FR 18152, Mar. 30, 2016, as amended at 89 FR 31595, Apr. 24, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 556.903" NODE="30:2.0.3.5.6.9.253.4" TYPE="SECTION">
<HEAD>§ 556.903   Lapse of financial assurance.</HEAD>
<P>(a) If your surety, guarantor, or the financial institution holding or providing your financial assurance becomes bankrupt or insolvent, or has its charter or license suspended or revoked, any financial assurance coverage from such surety, guarantor, or financial institution must be replaced. You must notify the Regional Director within 72 hours of learning of such event, and, within 30 calendar days of learning of such event, you must provide other financial assurance from a different financial assurance provider in the amount required under §§ 556.900 and 556.901, or § 550.166 of this subchapter, or § 550.1011 of this subchapter.
</P>
<P>(b) You must notify the Regional Director within 72 hours of learning of any action filed alleging that you are insolvent or bankrupt or that your surety, guarantor, or financial institution is insolvent or bankrupt or has had its charter or license suspended or revoked. All surety bonds or other financial assurance instruments must require the surety, guarantor, or financial institution to timely provide this required notification both to you and directly to BOEM.
</P>
<CITA TYPE="N">[89 FR 31595, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 556.904" NODE="30:2.0.3.5.6.9.253.5" TYPE="SECTION">
<HEAD>§ 556.904   Decommissioning accounts.</HEAD>
<P>(a) The Regional Director may authorize you to establish a decommissioning account(s) in a federally insured financial institution to satisfy a supplemental financial assurance demand made pursuant to § 556.901(d), § 550.166(b) of this subchapter, or § 550.1011(d) of this subchapter. The decommissioning account must be set up in such a manner that funds may not be withdrawn without the written approval of the Regional Director.
</P>
<P>(1) Funds in the account must be used only to meet your decommissioning obligations and must be payable upon demand to BOEM.
</P>
<P>(2) You must fully fund the account to cover all decommissioning costs as estimated by BSEE, to the amount, and pursuant to the schedule, that the Regional Director prescribes.
</P>
<P>(3) If you fail to make the initial payment or any scheduled payment into the decommissioning account and you fail to correct a missed payment within 30 days, you must immediately submit, and subsequently maintain, a surety bond or other financial assurance in an amount equal to the remaining unfulfilled portion of the supplemental financial assurance demand.
</P>
<P>(b) Any interest paid on funds in a decommissioning account will become part of the principal funds in the account unless the Regional Director authorizes in writing the payment of the interest to the party who deposits the funds.
</P>
<P>(c) The Regional Director may authorize or require you to create an overriding royalty, production payment obligation, or other revenue stream for the benefit of an account established as financial assurance for the decommissioning of your lease(s) or RUE or pipeline ROW grant(s). The obligation may be associated with oil and gas or sulfur production from a lease other than a lease or grant secured through the decommissioning account.
</P>
<P>(d) BOEM may provide funds from the decommissioning account to the party that performs the decommissioning in response to a BOEM or BSEE order to perform such decommissioning or to cover the costs thereof. BOEM will distribute the funds from the decommissioning account upon presentation of paid invoices for reasonable and necessary costs incurred by the party performing the decommissioning.
</P>
<CITA TYPE="N">[89 FR 31595, Apr. 24, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 556.905" NODE="30:2.0.3.5.6.9.253.6" TYPE="SECTION">
<HEAD>§ 556.905   Third-party guarantees.</HEAD>
<P>(a) The Regional Director may accept a third-party guarantee to satisfy a supplemental financial assurance demand made pursuant to § 556.901(d), § 550.166(b) of this subchapter, or § 550.1011(d) of this subchapter, if:
</P>
<P>(1) The guarantor meets the credit rating or proxy credit rating criterion set forth in § 556.901(d)(1) or (2), as applicable; and
</P>
<P>(2) The guarantor or guaranteed party submits a third-party guarantee agreement containing each of the provisions in paragraph (d) of this section.
</P>
<P>(b) Notwithstanding § 556.902(a)(3), a third-party guarantor may, as agreed to by BOEM at the time the third-party guarantee is provided, limit its cumulative obligations to a fixed dollar amount or limit its obligations so as to cover the performance of one or more specific lease obligations (with no fixed dollar amount).
</P>
<P>(c) If, during the life of your third-party guarantee, your guarantor no longer meets the criterion referred to in paragraph (a)(1) of this section, you must, within 72 hours of so learning:
</P>
<P>(1) Notify the Regional Director; and
</P>
<P>(2) Submit, and subsequently maintain, a surety bond or other financial assurance covering those obligations previously secured by the third-party guarantee.
</P>
<P>(d) Your third-party guarantee must contain each of the following provisions:
</P>
<P>(1) If you fail to comply with the terms of any lease or grant covered by the guarantee, or any applicable regulation, your guarantor must either:
</P>
<P>(i) Take corrective action to bring the lease or grant into compliance with its terms or any applicable regulation, to the extent covered by the guarantee; or
</P>
<P>(ii) Be liable under the third-party guarantee agreement to provide, within 7 calendar days, sufficient funds for the Regional Director to complete such corrective action to the extent covered by the guarantee. Such payment does not result in the cancellation of the guarantee, but instead reduces the remaining value of the guarantee in an amount equal to the payment.
</P>
<P>(2) If your guarantor wishes to terminate the period of liability under its guarantee, it must:
</P>
<P>(i) Notify you and the Regional Director at least 90 calendar days before the proposed termination date;
</P>
<P>(ii) Obtain the Regional Director's approval for the termination of the period of liability for all or a specified portion of the guarantee; and
</P>
<P>(iii) Remain liable for all liabilities that accrued or began accruing prior to the termination and responsible for all work and workmanship performed during the period of liability.
</P>
<P>(3) Before the termination of the period of liability of the third-party guarantee, you must provide acceptable replacement financial assurance.
</P>
<P>(e) If you or your guarantor request BOEM to cancel your third-party guarantee, BOEM will cancel the guarantee under the same terms and conditions provided for cancellation of supplemental financial assurance and return of pledged financial assurance in § 556.906(b) and/or (d)(3).
</P>
<P>(f) The guarantor or guaranteed party must submit a third-party guarantee agreement that meets the following criteria:
</P>
<P>(1) The third-party guarantee agreement must be executed by your guarantor and all persons and parties bound by the agreement.
</P>
<P>(2) The third-party guarantee agreement must bind, jointly and severally, each person and party executing the agreement.
</P>
<P>(3) When your guarantor is a corporate entity, two corporate officers who are authorized to bind the corporation must sign the third-party guarantee agreement.
</P>
<P>(g) Your corporate guarantor and any other corporate entities bound by the third-party guarantee agreement must provide the Regional Director copies of:
</P>
<P>(1) The authorization of the signatory corporate officials to bind their respective corporations;
</P>
<P>(2) An affidavit certifying that the agreement is valid under all applicable laws; and
</P>
<P>(3) Each corporation's corporate authorization to enter into the third-party guarantee agreement.
</P>
<P>(h) If your third-party guarantor or another party bound by the third-party guarantee agreement is a partnership, joint venture, or syndicate, the third-party guarantee agreement must:
</P>
<P>(1) Bind each partner or party who has a beneficial interest in your guarantor; and
</P>
<P>(2) Provide that each member of the partnership, joint venture, or syndicate is jointly and severally liable for the obligations secured by the guarantee.
</P>
<P>(i) The third-party guarantee agreement must provide that, in the event forfeiture is called for under § 556.907, your guarantor will either:
</P>
<P>(1) Take corrective action to bring your lease or grant into compliance with its terms, and the regulations, to the extent covered by the guarantee; or
</P>
<P>(2) Provide sufficient funds within 7 calendar days to permit the Regional Director to complete such corrective action to the extent covered by the guarantee.
</P>
<P>(j) The third-party guarantee agreement must contain a confession of judgment. It must provide that, if the Regional Director determines that you are in default of the lease or grant covered by the guarantee or not in compliance with any regulation applicable to such lease or grant, the guarantor:
</P>
<P>(1) Will not challenge the determination; and
</P>
<P>(2) Will remedy the default to the extent covered by the guarantee.
</P>
<P>(k) Each third-party guarantee agreement is deemed to contain all terms and conditions contained in paragraphs (d), (i), and (j) of this section, even if the guarantor has omitted these terms from the third-party guarantee agreement.
</P>
<CITA TYPE="N">[89 FR 31596, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 556.906" NODE="30:2.0.3.5.6.9.253.7" TYPE="SECTION">
<HEAD>§ 556.906   Termination of the period of liability and cancellation of financial assurance.</HEAD>
<P>This section defines the terms and conditions under which BOEM will terminate the period of liability of, or cancel, financial assurance. Terminating the period of liability ends the period during which obligations continue to accrue, but does not relieve the financial assurance provider of the responsibility for obligations that accrued during the period of liability. Canceling a financial assurance instrument relieves the financial assurance provider of all liability. The liabilities that accrue during a period of liability include obligations that started to accrue prior to the beginning of the period of liability and had not been met, and obligations that begin accruing during the period of liability.
</P>
<P>(a) When you or your financial assurance provider request termination:
</P>
<P>(1) The Regional Director will terminate the period of liability under your financial assurance within 90 calendar days after BOEM receives the request; and
</P>
<P>(2) If you intend to continue operations, or have not met all decommissioning obligations, within 90 calendar days after BOEM receives your termination request, you must provide replacement financial assurance of an equivalent amount.
</P>
<P>(b) If you provide replacement financial assurance, the Regional Director will cancel your previous financial assurance and the previous financial assurance provider will not retain any liability, provided that:
</P>
<P>(1) The amount of the new financial assurance is equal to or greater than that of the financial assurance that was cancelled, or you provide an alternative form of financial assurance, and the Regional Director determines that the alternative form of financial assurance provides a level of security equal to or greater than that provided by the financial assurance that is proposed to be cancelled;
</P>
<P>(2) For financial assurance submitted under § 556.900(a), § 556.901(a) or (b), § 550.166(a) of this subchapter, or § 550.1011(a) of this subchapter, the new financial assurance provider agrees to assume all outstanding obligations that accrued during the period of liability that was terminated; and
</P>
<P>(3) For supplemental financial assurance submitted under § 556.901(d), § 550.166(b) of this subchapter, or § 550.1011(d) of this subchapter, the new financial assurance provider agrees to assume that portion of the outstanding obligations that accrued during the period of liability that was terminated and that the Regional Director determines may exceed the coverage of the financial assurance submitted under § 556.900(a), § 556.901(a) or (b), § 550.166(a) of this subchapter, or § 550.1011(a) of this subchapter. The Regional Director will notify the provider of the new financial assurance of the amount required.
</P>
<P>(c) This paragraph (c) applies if the period of liability is terminated, but the financial assurance is not replaced with financial assurance of an equivalent amount pursuant to paragraph (b) of this section. The financial assurance provider will continue to be responsible for obligations that accrued prior to the termination of the period of liability:
</P>
<P>(1) Until the obligations are satisfied; and
</P>
<P>(2) For additional periods of time in accordance with paragraph (d) of this section.
</P>
<P>(d) BOEM will cancel the financial assurance for your lease or grant, and the Regional Director will return any pledged financial assurance, as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the following:
</TH><TH class="gpotbl_colhed" scope="col">Your financial assurance will be reduced or cancelled, or your pledged financial assurance will be returned:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Financial assurance submitted under § 556.900(a), § 556.901(a) or (b), § 550.166(a) of this subchapter, or § 550.1011(a) of this subchapter
</TD><TD align="left" class="gpotbl_cell">(i) 7 years after the lease or grant expires or is terminated, 6 years after the Regional Director determines that you have completed all covered obligations, or at the conclusion of any appeals or litigation related to your covered obligations, whichever is the latest. The Regional Director will reduce the amount of your financial assurance or return a portion of your pledged financial assurance if the Regional Director determines that less than the full amount of the financial assurance or pledged financial assurance is required to cover any potential obligations.


<br/>(ii) [Reserved]
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Financial assurance submitted under § 556.901(d), § 550.166(b) of this subchapter, or § 550.1011(d) of this subchapter</TD><TD align="left" class="gpotbl_cell">(i) When the lease or grant expires or is terminated and the Regional Director determines you have met your covered obligations, unless the Regional Director:


<br/>(A) Determines that the future potential liability resulting from any undetected problem is greater than the amount of the financial assurance submitted under § 556.900(a), § 556.901(a) or (b), § 550.166(a) of this subchapter, or § 550.1011(a) of this subchapter; and

<br/>(B) Notifies the provider of financial assurance submitted under § 556.901(d), § 550.166(b) of this subchapter, or 550.1011(d) of this subchapter that the Regional Director will wait 7 years before cancelling all or a part of such financial assurance (or longer period as necessary to complete any appeals or judicial litigation related to your secured obligations).

<br/>(ii) At any time when:

<br/>(A) BOEM has determined, using the criteria set forth in § 556.901(d)(1), as applicable, that you no longer need to provide the supplemental financial assurance for your lease, RUE grant, or pipeline ROW grant.

<br/>(B) The operations for which the supplemental financial assurance was provided ceased prior to accrual of any decommissioning obligation; or,

<br/>(C) Cancellation of the financial assurance is appropriate because, under the regulations, BOEM determines such financial assurance never should have been required.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Third-party Guarantee under § 556.901(d), § 550.166(b) of this subchapter, or § 550.1011(d) of this subchapter</TD><TD align="left" class="gpotbl_cell">(i) When the Regional Director determines you have met your obligations secured by the guarantee (or longer period as necessary to complete any appeals or judicial litigation related to your obligations secured by the guarantee).


<br/>(ii) [Reserved]</TD></TR></TABLE></DIV></DIV>
<P>(e) For all financial assurance, the Regional Director may reinstate your financial assurance as if no cancellation had occurred if:
</P>
<P>(1) A person makes a payment under the lease, RUE grant, or pipeline ROW grant, and the payment is rescinded or must be returned by the recipient because the person making the payment is insolvent, bankrupt, subject to reorganization, or placed in receivership; or
</P>
<P>(2) The responsible party represents to BOEM that it has discharged its obligations under the lease, RUE grant, or pipeline ROW grant and the representation was materially false when the financial assurance was cancelled.
</P>
<CITA TYPE="N">[89 FR 39516, Apr. 24, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 556.907" NODE="30:2.0.3.5.6.9.253.8" TYPE="SECTION">
<HEAD>§ 556.907   Forfeiture of bonds or other financial assurance.</HEAD>
<P>This section explains how a bond or other financial assurance may be forfeited.
</P>
<P>(a) The Regional Director will call for forfeiture of all or part of the bond, or other form of financial assurance, including a guarantee you provide under this part, if:
</P>
<P>(1) You, or any party with the obligation to comply, refuse to comply with any term or condition of your lease, RUE grant, pipeline ROW grant, or any BOEM or BSEE order, or any applicable regulation, or the Regional Director determines that you are unable to so comply; or
</P>
<P>(2) You default on one of the conditions under which the Regional Director accepts your bond, third-party guarantee, and/or other form of financial assurance.
</P>
<P>(b) The Regional Director may pursue forfeiture of your surety bond or other financial assurance without first making demands for performance against any other record title owner, operating rights owner, grant holder, or other person authorized to perform lease or grant obligations.
</P>
<P>(c) The Regional Director will:
</P>
<P>(1) Notify you, your surety, guarantor, or the financial institution holding or providing your financial assurance, of a determination to call for forfeiture of your financial assurance, whether it takes the form of a surety bond, guarantee, funds, or other type of financial assurance.
</P>
<P>(i) This notice will be in writing and will provide the reason for the forfeiture and the amount to be forfeited.
</P>
<P>(ii) The Regional Director will determine the amount to be forfeited based upon an estimate of the total cost of corrective action to bring your lease or grant into compliance, subject, in the case of a guarantee, to any limitation in the guarantee authorized by § 556.905(b).
</P>
<P>(2) Advise you and your financial assurance provider that forfeiture may be avoided if, within five business days:
</P>
<P>(i) You agree to and demonstrate that you will bring your lease or grant into compliance within the timeframe the Regional Director prescribes; or
</P>
<P>(ii) The provider of your financial assurance agrees to and demonstrates that it will complete the corrective action to bring your lease or grant into compliance within the timeframe the Regional Director prescribes, even if the cost of compliance exceeds the amount of that financial assurance.
</P>
<P>(d) If the Regional Director finds you are in default under paragraph (a)(1) or (2) of this section, the Regional Director may cause the forfeiture of any financial assurance provided to ensure your compliance with BOEM and BSEE orders, the terms and conditions of your lease or grant, and the regulations in this chapter and chapters II and XII of this title.
</P>
<P>(e) If the Regional Director determines that your financial assurance is forfeited, the Regional Director will:
</P>
<P>(1) Collect the forfeited amount; and
</P>
<P>(2) Use the funds collected to bring your lease or grant into compliance and to correct any default.
</P>
<P>(f) If the amount the Regional Director collects under your financial assurance is insufficient to pay the full cost of corrective action, the Regional Director may:
</P>
<P>(1) Take or direct action to obtain full compliance with your lease or grant and the regulations in this chapter; and
</P>
<P>(2) Recover from you, any other record title owner, operating rights owner, co-grant holder or, to the extent covered by the guarantee, any third-party guarantor responsible under this subpart, all costs in excess of the amount the Regional Director collects under your forfeited financial assurance.
</P>
<P>(g) If the amount that the Regional Director collects under your forfeited financial assurance exceeds the costs of taking the corrective action required to bring your lease or grant into compliance with its terms and the regulations in this chapter, BOEM and BSEE orders, and chapters II and XII of this title, the Regional Director will return the excess funds to the party from whom they were collected.
</P>
<P>(h) The Regional Director may pay the funds from the forfeited financial assurance to a co- or predecessor lessee or third party who is taking the corrective action required to obtain partial or full compliance with the regulations, BOEM or BSEE orders, and/or the terms of your lease or grant.
</P>
<CITA TYPE="N">[89 FR 31597, Apr. 24, 2024]






</CITA>
</DIV8>

</DIV6>


<DIV6 N="J" NODE="30:2.0.3.5.6.10" TYPE="SUBPART">
<HEAD>Subpart J—Bonus or Royalty Credits for Exchange of Certain Leases</HEAD>


<DIV8 N="§ 556.1000" NODE="30:2.0.3.5.6.10.253.1" TYPE="SECTION">
<HEAD>§ 556.1000   Leases formerly eligible for a bonus or royalty credit.</HEAD>
<P>Bonus or royalty credits were available to lessees with leases:
</P>
<P>(a) In effect on December 20, 2006, and located in:
</P>
<P>(1) The Eastern Planning Area and within 125 miles of the coastline of the State of Florida; or,
</P>
<P>(2) The Central Planning Area and within the Desoto Canyon OPD, the Destin Dome OPD, or the Pensacola OPD and within 100 miles of the coastline of the State of Florida.
</P>
<P>(b) The deadline for applying for such a bonus or royalty credit was October 14, 2010; therefore, lessees may no longer apply for such credits.


</P>
</DIV8>

</DIV6>


<DIV6 N="K" NODE="30:2.0.3.5.6.11" TYPE="SUBPART">
<HEAD>Subpart K—Ending a Lease</HEAD>


<DIV8 N="§ 556.1100" NODE="30:2.0.3.5.6.11.253.1" TYPE="SECTION">
<HEAD>§ 556.1100   How does a lease expire?</HEAD>
<P>(a) Your oil and gas lease will automatically expire at the end of its primary term unless you have taken action, as set forth in § 556.601, to maintain the lease beyond the primary term.
</P>
<P>(b) Your sulfur lease will automatically expire at the end of its primary term unless you have taken action, as set forth in § 556.603, to maintain the lease beyond the primary term.


</P>
</DIV8>


<DIV8 N="§ 556.1101" NODE="30:2.0.3.5.6.11.253.2" TYPE="SECTION">
<HEAD>§ 556.1101   May I relinquish my lease or an aliquot part thereof?</HEAD>
<P>(a) A record title owner may relinquish a lease or an aliquot part of a lease if all record title owners of a lease or any aliquot part(s) of the lease file three original copies of a request to relinquish with BOEM on Form BOEM-0152, entitled, “Relinquishment of Federal Oil and Gas Lease.” No filing fee is required.
</P>
<P>(b) A relinquishment will be subject to the continued obligation of the record title owner and the surety to make all payments due, including any accrued rentals, royalties and deferred bonuses, and to abandon all wells and condition or remove all platforms and other facilities on the land to be relinquished to the satisfaction of the Director.
</P>
<P>(c) The effective date of the relinquishment is the date on which the relinquishment is filed with the proper BOEM regional office.


</P>
</DIV8>


<DIV8 N="§ 556.1102" NODE="30:2.0.3.5.6.11.253.3" TYPE="SECTION">
<HEAD>§ 556.1102   Under what circumstances will BOEM cancel my lease?</HEAD>
<P>(a) BOEM may cancel your non-producing lease if you fail to comply with any provision of OCSLA, the lease, or applicable regulations if the failure continues for 30 days after mailing of notice to your post office address of record by registered mail and you have not requested and been granted any additional time within which to correct the failure. Such cancellation is subject to judicial review under section 23 of OCSLA (43 U.S.C. 1349).
</P>
<P>(b) Your producing lease may be cancelled if you fail to comply with any provision of OCSLA, the lease, or applicable regulations. The Secretary will cancel a producing lease after the judicial proceedings required under section 5(d) of OCSLA (43 U.S.C. 1334(d)).
</P>
<P>(c) BOEM may cancel your lease if it determines that the lease was obtained by fraud or misrepresentation. You will have notice and an opportunity to be heard before BOEM cancels your lease.
</P>
<P>(d) BOEM may cancel your lease at any time if it determines, after a hearing, that continued activity will probably cause serious harm or damage to life (including fish and other aquatic life), property, any mineral, national security or defense, or the marine, coastal, or human environment; that the threat of harm or damage will not disappear or decrease to an acceptable level within a reasonable period of time; and the advantages of cancellation outweigh the advantages of continuing the lease.
</P>
<P>(e) BOEM may cancel your lease at any time after operations under the lease have been suspended or temporarily prohibited by the Department continuously for a period of five years pursuant to paragraph (d) of this section, absent your request for a shorter period.
</P>
<P>(f) If, upon demand, you fail to provide a bond, or alternative type of security instrument acceptable to BOEM, the Regional Director may assess penalties or cancel your lease in accordance with part 550, subpart N of this chapter;
</P>
<P>(g) Title 30, part 550, subpart A of the CFR provides the procedures for lease cancellation and compensation, if applicable.


</P>
</DIV8>

</DIV6>


<DIV6 N="L" NODE="30:2.0.3.5.6.12" TYPE="SUBPART">
<HEAD>Subpart L—Leases Maintained Under Section 6 of OCSLA</HEAD>


<DIV8 N="§ 556.1200" NODE="30:2.0.3.5.6.12.253.1" TYPE="SECTION">
<HEAD>§ 556.1200   Effect of regulations on lease.</HEAD>
<P>(a) All regulations in this part, insofar as they are applicable, will supersede the provisions of any lease that is maintained under section 6(a) of the Act. However, the provisions of a lease relating to area, minerals, rentals, royalties (subject to sections 6(a)(8) and (9) of the Act), and term (subject to section 6(a)(10) of the Act and, as to sulfur, subject to section 6(b)(2) of the Act) will continue in effect, and, in the event of any conflict or inconsistency, will take precedence over these regulations.
</P>
<P>(b) A lease maintained under section 6(a) of the Act is also subject to all operating and conservation regulations applicable to the OCS. In addition, the regulations relating to geophysical and geological exploratory operations and to pipeline ROW(s) are applicable, to the extent that those regulations are not contrary to or inconsistent with the lease provisions relating to area, minerals, rentals, royalties and term. The lessee must comply with any provision of the lease as validated, the subject matter of which is not covered in the regulations in this part.


</P>
</DIV8>


<DIV8 N="§ 556.1201" NODE="30:2.0.3.5.6.12.253.2" TYPE="SECTION">
<HEAD>§ 556.1201   Section 6(a) leases and leases other than those for oil, gas, or sulfur.</HEAD>
<P>The existence of an oil and gas lease maintained under section 6(a) of the Act precludes only the issuance in the same area of an oil and gas lease under OCSLA, but does not preclude the issuance of other types of leases under OCSLA. However, no other lease may authorize or permit the lessee thereunder unreasonably to interfere with or endanger operations under the existing lease. The United States will not grant any sulfur leases on any area that is included in a lease covering sulfur under section 6(b) of the Act.


</P>
</DIV8>

</DIV6>


<DIV6 N="M" NODE="30:2.0.3.5.6.13" TYPE="SUBPART">
<HEAD>Subpart M—Environmental Studies</HEAD>


<DIV8 N="§ 556.1300" NODE="30:2.0.3.5.6.13.253.1" TYPE="SECTION">
<HEAD>§ 556.1300   Environmental studies.</HEAD>
<P>(a) The Director will conduct a study or studies of any area or region included in any oil and gas lease sale or other lease in order to establish information needed for assessment and management of impacts on the human, marine and coastal environments which may be affected by OCS oil and gas or other mineral activities in such area or region. The purposes of such studies will include, to the extent practicable, analyses of the impacts of pollutants introduced into the environments and impacts of offshore activities on the seabed and affected coastal areas.
</P>
<P>(b) Studies will be planned and carried out in cooperation with the affected States and interested parties and, to the extent possible, will not duplicate studies done under other laws. Where appropriate, the Director will, to the maximum extent practicable, coordinate with the National Oceanic and Atmospheric Administration (NOAA) in executing its environmental studies responsibilities. The Director may also make agreements for the coordination with, or the use of the services or resources of, any other Federal, State or local government agency in the conduct of such studies.
</P>
<P>(c) Any study of an area or region required by paragraph (a) of this section for a lease sale will be commenced not later than six months prior to holding a lease sale for that area. The Director may use information collected in any prior study. The Director may initiate studies for an area or region not identified in the leasing program.
</P>
<P>(d) After the leasing and developing of any area or region, the Director will conduct such studies as are deemed necessary to establish additional information and will monitor the human, marine and coastal environments of such area or region in a manner designed to provide information, which can be compared with the results of studies conducted prior to OCS oil and gas development. This will be done to identify any significant changes in the quality and productivity of such environments, to establish trends in the area studies, and to design experiments identifying the causes of such changes. Findings from such studies will be used to recommend modifications in practices that are employed to mitigate the effects of OCS activities and to enhance the data/information base for predicting impacts which might result from a single lease sale or cumulative OCS activities.
</P>
<P>(e) Information available or collected by the studies program will, to the extent practicable, be provided in a form and in a timeframe that can be used in the decision-making process associated with a specific leasing action or with longer term OCS minerals management responsibilities.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="560" NODE="30:2.0.3.5.7" TYPE="PART">
<HEAD>PART 560—OUTER CONTINENTAL SHELF OIL AND GAS LEASING


</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 <I>et seq.,</I> 43 U.S.C. 1337.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.7.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 560.100" NODE="30:2.0.3.5.7.1.257.1" TYPE="SECTION">
<HEAD>§ 560.100   Authority.</HEAD>
<P>(a) The Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1334) (“Outer Continental Shelf Lands Act Amendments of 1978”).
</P>
<P>(b) The Federal Oil and Gas Royalty Management Act, as amended (FOGRMA) (30 U.S.C. 1711), including the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996, (30 U.S.C. 1701 note).
</P>
<P>(c) The Independent Offices Appropriations Act of 1952 (31 U.S.C. 9701).
</P>
<P>(d) Public Law 89-554, 1966 (5 U.S.C. 301).
</P>
<CITA TYPE="N">[81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.101" NODE="30:2.0.3.5.7.1.257.2" TYPE="SECTION">
<HEAD>§ 560.101   What is the purpose of this part?</HEAD>
<P>This part 560 implements the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331 <I>et seq.,</I> as amended, by providing regulations to foster competition including, but not limited to:
</P>
<P>(a) Implementing alternative bidding systems;
</P>
<P>(b) Prohibiting joint bidding for development rights by certain types of joint ventures; and
</P>
<P>(c) Establishing diligence requirements for Federal OCS leases.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.102" NODE="30:2.0.3.5.7.1.257.3" TYPE="SECTION">
<HEAD>§ 560.102   What definitions apply to this part?</HEAD>
<HEAD>§ 560.102   What definitions apply to this part?</HEAD>
<P>(a) Terms used in this part have the meaning given in the Act and as defined in this part.
</P>
<P>(b) The following definitions apply to this part:
</P>
<P><I>Area or region</I> means the geographic area or region over which the BOEM authorized officer has jurisdiction, unless the context in which those words are used indicates that a different meaning is intended.
</P>
<P><I>BOEM</I> means Bureau of Ocean Energy Management.
</P>
<P><I>Designated official</I> means a representative of DOI subject to the direction and supervisory authority of the Directors, BOEM, and the appropriate Regional Manager of the BOEM authorized and empowered to supervise and direct all oil and gas operations and to perform other duties prescribed in this chapter.
</P>
<P><I>Director</I> means Director, BOEM, DOI.
</P>
<P><I>DOI</I> means the Department of the Interior, including the Secretary of the Interior, or his or her delegate.
</P>
<P><I>Federal lease</I> means an agreement which, for consideration, including, but not limited to, bonuses, rents or royalties conferred, and covenants to be observed, authorizes a person to explore for, or develop, or produce (or to do any or all of these) oil and gas, coal, oil shale, tar sands, and geothermal resources on lands or interests in lands under Federal jurisdiction.
</P>
<P><I>Gas or Natural Gas</I> means a mixture of hydrocarbons and varying quantities of non-hydrocarbons that exist in the gaseous phase.
</P>
<P><I>Oil</I> means a mixture of hydrocarbons that exists in a liquid or gaseous phase in an underground reservoir and which remains or becomes liquid at atmospheric pressure after passing through surface separating facilities, including condensate recovered by means other than a manufacturing process.
</P>
<P><I>Outer Continental Shelf</I> (OCS) means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in the Submerged Lands Act (43 U.S.C. 1301-1315) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>OCSLA</I> means the Outer Continental Shelf Lands Act, as amended (Act of August 7, 1953, Ch. 345, 67 Stat. 462, 43 U.S.C. 1331-1356a, as amended by Pub. L. 95-372, 92 Stat. 629).
</P>
<P><I>Person</I> means a natural person, where so designated, or an entity, such as a partnership, association, State, political subdivision of a State or territory, or a private, public, or municipal corporation.
</P>
<P><I>We</I> means the Bureau of Ocean Energy Management (BOEM).
</P>
<P><I>You</I> means the lessee or operating rights owner.
</P>
<CITA TYPE="N">[81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.103" NODE="30:2.0.3.5.7.1.257.4" TYPE="SECTION">
<HEAD>§ 560.103   What is BOEM's authority to collect information?</HEAD>
<P>(a) The Paperwork Reduction Act of 1995 (PRA) requires us to inform you that we may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. The information collection under 30 CFR part 560 is either exempt from the PRA (5 CFR 1320.4(a)(2), (c)) or refers to requirements covered under 30 CFR parts 203 and 556.
</P>
<P>(b) You may send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57097, Sept. 22, 2015. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.7.2" TYPE="SUBPART">
<HEAD>Subpart B—Bidding Systems</HEAD>


<DIV7 N="257" NODE="30:2.0.3.5.7.2.257" TYPE="SUBJGRP">
<HEAD>General Provisions</HEAD>


<DIV8 N="§ 560.200" NODE="30:2.0.3.5.7.2.257.1" TYPE="SECTION">
<HEAD>§ 560.200   What is the purpose of this subpart?</HEAD>
<P>This subpart establishes the bidding systems that we may use to offer and sell Federal leases for the exploration, development, and production of oil and gas resources located on the OCS.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.201" NODE="30:2.0.3.5.7.2.257.2" TYPE="SECTION">
<HEAD>§ 560.201   What definitions apply to this subpart?</HEAD>
<P><I>Act</I> means the Outer Continental Shelf Deep Water Royalty Relief Act, Pub. L. 104-58, 43 U.S.C. 1337(3).
</P>
<P><I>Eligible lease</I> means a lease that:
</P>
<P>(1) Is issued as part of an OCS lease sale held after November 28, 1995, and before November 28, 2000;
</P>
<P>(2) Is located in the Gulf of America in water depths of 200 meters or deeper;
</P>
<P>(3) Lies wholly west of 87 degrees, 30 minutes West longitude; and
</P>
<P>(4) Is offered subject to a royalty suspension volume.
</P>
<P><I>Field</I> means an area consisting of a single reservoir or multiple reservoirs all grouped on, or related to, the same general geological structural feature and/or stratigraphic trapping condition. Two or more reservoirs may be in a field, separated vertically by intervening impervious strata, or laterally by local geologic barriers, or by both.
</P>
<P><I>Highest responsible qualified bidder</I> means a person who has met the appropriate requirements of 30 CFR part 556, subpart G, and has submitted a bid higher than any other bids by qualified bidders on the same tract.
</P>
<P><I>Highest royalty rate</I> means the highest percent rate payable to the United States, as specified in the lease, in the amount or value of the production saved, removed, or sold.
</P>
<P><I>Lease period</I> means the time from lease issuance until relinquishment, expiration, or termination.
</P>
<P><I>Lowest royalty rate</I> means the lowest percent rate payable to the United States, as specified in the lease, in the amount or value of the production saved, removed, or sold.
</P>
<P><I>OCS lease sale</I> means the Department of the Interior (DOI) proceeding by which leases for certain OCS tracts are offered for sale by competitive bidding and during which bids are received, announced, and recorded.
</P>
<P><I>Pre-Act lease</I> means a lease that:
</P>
<P>(1) Is issued as part of an OCS lease sale held before November 28, 1995;
</P>
<P>(2) Is located in the Gulf of America in water depths of 200 meters or deeper; and
</P>
<P>(3) Lies wholly west of 87 degrees, 30 minutes West longitude (see 30 CFR part 203).
</P>
<P><I>Production period</I> means the period during which the amount of oil and gas produced from a tract (or, if the tract is unitized, the amount of oil and gas as allocated under a unitization formula) will be measured for purposes of determining the amount of royalty payable to the United States.
</P>
<P><I>Qualified bidder</I> means a person who has met the appropriate requirements of 30 CFR part 556, subpart G.
</P>
<P><I>Royalty rate</I> means the percentage of the amount or value of the production saved, removed, or sold that is due and payable to the United States Government.
</P>
<P><I>Royalty suspension (RS) lease</I> means a lease that:
</P>
<P>(1) Is issued as part of an OCS lease sale held after November 28, 2000;
</P>
<P>(2) Is in locations or planning areas specified in a particular Notice of OCS Lease Sale; and
</P>
<P>(3) Is offered subject to a royalty suspension specified in a Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</P>
<P><I>Tract</I> means a designation assigned solely for administrative purposes to a block or combination of blocks that are identified by a leasing map or an official protraction diagram prepared by the DOI.
</P>
<P><I>Value of production</I> means the value of all oil and gas production saved, removed, or sold from a tract (or, if the tract is unitized, the value of all oil and gas production saved, removed, or sold and credited to the tract under a unitization formula) during a period of production. The value of production is determined under 30 CFR part 1206.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016, as amended at 90 FR 24072, June 6, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 560.202" NODE="30:2.0.3.5.7.2.257.3" TYPE="SECTION">
<HEAD>§ 560.202   What bidding systems may BOEM use?</HEAD>
<P>We will apply a single bidding system selected from those listed in this section to each tract included in an OCS lease sale. The following table lists bidding systems, the bid variables, and characteristics.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the bidding system . . .
</TH><TH class="gpotbl_colhed" scope="col">The bid variable is the . . .
</TH><TH class="gpotbl_colhed" scope="col">And the characteristics are . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Cash bonus bid with a fixed royalty rate of not less than 12.5 percent,</TD><TD align="left" class="gpotbl_cell">Cash bonus,</TD><TD align="left" class="gpotbl_cell">The highest responsible qualified bidder will pay a royalty rate of not less than 12.5 percent at the beginning of the lease period. We will specify the royalty rate for each tract offered in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Royalty rate bid with fixed cash bonus,</TD><TD align="left" class="gpotbl_cell">Royalty rate,</TD><TD align="left" class="gpotbl_cell">We will specify the fixed amount of cash bonus the highest responsible qualified bidder must pay in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) Cash bonus bid with a sliding royalty rate of not less than 12.5 percent at the beginning of the lease period,</TD><TD align="left" class="gpotbl_cell">Cash bonus,</TD><TD align="left" class="gpotbl_cell">(1) We will calculate the royalty rate the highest responsible qualified bidder must pay using either:
<br/>(i) A sliding-scale formula, which relates the royalty rate to the adjusted value or volume of production, or
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(ii) A schedule that establishes the royalty rate that we will apply to specified ranges of the adjusted value or volume of production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(2) We will determine the adjusted value of production by applying an inflation factor to the actual value of production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(3) If you are the successful high bidder, your lease will include the sliding-scale formula or schedule and will specify the lowest and highest royalty rates that will apply.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(4) You will pay a royalty rate of not less than 12.5 percent at the beginning of the lease period.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(5) We will include the sliding-scale royalty formula or schedule, inflation factor and procedures for making the inflation adjustment and determining the value or amount of production in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d) Cash bonus bid with fixed share of the net profits of no less than 30 percent,</TD><TD align="left" class="gpotbl_cell">Cash bonus,</TD><TD align="left" class="gpotbl_cell">(1) If we award you a lease as the highest responsible qualified bidder, you will determine the amount of the net profit share payment to the United States for each month by multiplying the net profit share base times the net profit share rate, according to 30 CFR 1220.022. You will calculate the net profit share base according to 30 CFR 1220.021.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(2) You will pay a net profit share of not less than 30 percent.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(3) We will specify the capital recovery factor, as described in 30 CFR 1220.020, and the net profit share rate, both of which may vary from tract to tract, in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e) Cash bonus with variable royalty rate(s) during one or more periods of production,</TD><TD align="left" class="gpotbl_cell">Cash bonus,</TD><TD align="left" class="gpotbl_cell">(1) We may suspend or defer royalty for a period, volume, or value of production. Notwithstanding suspensions or deferrals, we may impose a minimum royalty. The suspensions or deferrals may vary based on prices or price changes of oil and/or gas.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(2) You may pay a royalty rate less than 12.5 percent on production but not less than zero percent.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">(3) We will specify the applicable royalty rates(s) and suspension or deferral magnitudes, formulas, or relationships in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f) Cash bonus with royalty rate(s) based on formula(s) or schedule(s) during one or more periods of production,</TD><TD align="left" class="gpotbl_cell">Cash bonus,</TD><TD align="left" class="gpotbl_cell">We will base the royalty rate on formula(s) or schedule(s) specified in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g) Cash bonus with a fixed royalty rate of not less than 12.5 percent, at the beginning of the lease period, suspension of royalties for a period, volume, or value of production, or depending upon selected characteristics of extraction, and with suspensions that may vary based on the price of production,</TD><TD align="left" class="gpotbl_cell">Cash bonus,</TD><TD align="left" class="gpotbl_cell">Except for periods of royalty suspension, you will pay a fixed royalty rate of not less than 12.5 percent. If we award to you a lease under this system, you must calculate the royalty due during the designated period using the rate, formula, or schedule specified in the lease. We will specify the royalty rate, formula, or schedule in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E></TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]





</CITA>
</DIV8>


<DIV8 N="§ 560.203" NODE="30:2.0.3.5.7.2.257.4" TYPE="SECTION">
<HEAD>§ 560.203   What conditions apply to the bidding systems that BOEM uses?</HEAD>
<P>(a) For each of the bidding systems in § 560.110, we will include an annual rental fee. Other fees and provisions may apply as well. The Notice of OCS Lease Sale published in the <E T="04">Federal Register</E> will specify the annual rental and any other fees the highest responsible qualified bidder must pay and any other provisions.
</P>
<P>(b) If we use any deferment or schedule of payments for the cash bonus bid, we will specify and include it in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</P>
<P>(c) For the bidding systems listed in this subpart, if the bid variable is a cash bonus bid, the highest bid by a qualified bidder determines the amount of cash bonus to be paid. We will include the minimum bid level(s) in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</P>
<P>(d) For the bidding systems listed in this subpart, if the bid variable is the royalty rate, the highest bid by a qualified bidder determines the royalty rate to be paid. We will include the minimum royalty rate(s) in the Notice of OCS Lease Sale published in the <E T="04">Federal Register.</E>
</P>
<P>(e) We may, by rule, add to or modify the bidding systems listed in § 560.110, according to the procedural requirements of the OCSLA, 43 U.S.C. 1331 <I>et seq.,</I> as amended by Public Law 95-372, 92 Stat. 629.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="258" NODE="30:2.0.3.5.7.2.258" TYPE="SUBJGRP">
<HEAD>Eligible Leases</HEAD>


<DIV8 N="§ 560.210" NODE="30:2.0.3.5.7.2.258.5" TYPE="SECTION">
<HEAD>§ 560.210   How do royalty suspension volumes apply to eligible leases?</HEAD>
<P>Royalty suspension volumes, as specified in section 304 of the Act, apply to eligible leases that meet the criteria in § 560.113. For purposes of this section and §§ 560.113 through 560.117:
</P>
<P>(a) Any volumes of production that are not normally royalty-bearing under the lease or the regulations (e.g., fuel gas) do not count against royalty suspension volumes; and
</P>
<P>(b) Production includes volumes allocated to a lease under an approved unit agreement.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.211" NODE="30:2.0.3.5.7.2.258.6" TYPE="SECTION">
<HEAD>§ 560.211   When does an eligible lease qualify for a royalty suspension volume?</HEAD>
<P>(a) Your eligible lease will receive a royalty suspension volume as specified in the Act. The bidding system in § 560.110(g) applies.
</P>
<P>(b) Your eligible lease may receive a royalty suspension volume only if your entire lease is west of 87 degrees, 30 minutes West longitude.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.212" NODE="30:2.0.3.5.7.2.258.7" TYPE="SECTION">
<HEAD>§ 560.212   How does BOEM assign and monitor royalty suspension volumes for eligible leases?</HEAD>
<P>(a) We have specified the water depth category for each eligible lease in the final Notice of OCS Lease Sale Package. The Final Notice of Sale is published in the <E T="04">Federal Register</E> and the complete Final Notice of OCS Lease Sale Package is available on the BOEM Web site. Our determination of water depth for each lease became final when we issued the lease.
</P>
<P>(b) We have specified in the Notice of OCS Lease Sale the royalty suspension volume applicable to each water depth. The following table shows the royalty suspension volumes for each eligible lease in million barrels of oil equivalent (MMBOE):
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Water depth
</TH><TH class="gpotbl_colhed" scope="col">Minimum royalty suspension volume
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) 200 to less than 400 meters</TD><TD align="left" class="gpotbl_cell">17.5 MMBOE.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) 400 to less than 800 meters</TD><TD align="left" class="gpotbl_cell">52.5 MMBOE.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) 800 meters or more</TD><TD align="left" class="gpotbl_cell">87.5 MMBOE.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.213" NODE="30:2.0.3.5.7.2.258.8" TYPE="SECTION">
<HEAD>§ 560.213   How long will a royalty suspension volume for an eligible lease be effective?</HEAD>
<P>A royalty suspension volume for an eligible lease will continue through the end of the month in which cumulative production from the leases in a field entitled to share the royalty suspension volume reaches that volume or the lease period ends.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.214" NODE="30:2.0.3.5.7.2.258.9" TYPE="SECTION">
<HEAD>§ 560.214   How do I measure natural gas production on my eligible lease?</HEAD>
<P>You must measure natural gas production on your eligible lease subject to the royalty suspension volume as follows: 5.62 thousand cubic feet of natural gas, measured according to 30 CFR part 250, subpart L, equals one barrel of oil equivalent.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="259" NODE="30:2.0.3.5.7.2.259" TYPE="SUBJGRP">
<HEAD>Royalty Suspension (RS) Leases</HEAD>


<DIV8 N="§ 560.220" NODE="30:2.0.3.5.7.2.259.10" TYPE="SECTION">
<HEAD>§ 560.220   How does royalty suspension apply to leases issued in a sale held after November 2000?</HEAD>
<P>We may issue leases with suspension of royalties for a period, volume or value of production, as authorized in section 303 of the Act. For purposes of this section and §§ 560.121 through 560.124:
</P>
<P>(a) Any volumes of production that are not normally royalty-bearing under the lease or the regulations (e.g., fuel gas) do not count against royalty suspension volumes; and
</P>
<P>(b) Production includes volumes allocated to a lease under an approved unit agreement.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.221" NODE="30:2.0.3.5.7.2.259.11" TYPE="SECTION">
<HEAD>§ 560.221   When does a lease issued in a sale held after November 2000 get a royalty suspension?</HEAD>
<P>(a) We will specify any royalty suspension for your RS lease in the Notice of OCS Lease Sale published in the <E T="04">Federal Register</E> for the sale in which you acquire the RS lease and will repeat it in the lease document. In addition:
</P>
<P>(1) Your RS lease may produce royalty-free the royalty suspension we specify for your lease, even if the field to which we assign it is producing.
</P>
<P>(2) The royalty suspension we specify in the Notice of OCS Lease Sale for your lease does not apply to any other leases in the field to which we assign your RS lease.
</P>
<P>(b) You may apply for a supplemental royalty suspension for a project under 30 CFR part 203, if your lease is located:
</P>
<P>(1) In the Gulf of America, in water 200 meters or deeper, and wholly west of 87 degrees, 30 minutes West longitude; or
</P>
<P>(2) Offshore of Alaska.
</P>
<P>(c) Your RS lease retains the royalty suspension with which we issued it even if we deny your application for more relief.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016, as amended at 90 FR 24072, June 6, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 560.222" NODE="30:2.0.3.5.7.2.259.12" TYPE="SECTION">
<HEAD>§ 560.222   How long will a royalty suspension volume be effective for a lease issued in a sale held after November 2000?</HEAD>
<P>(a) The royalty suspension volume for your RS lease will continue through the end of the month in which cumulative production from your lease reaches the applicable royalty suspension volume or the lease period ends.
</P>
<P>(b)(1) Notwithstanding any royalty suspension volume under this subpart, you must pay royalty at the lease stipulated rate on:
</P>
<P>(i) Any oil produced for any period stipulated in the lease during which the arithmetic average of the daily closing price on the New York Mercantile Exchange (NYMEX) for light sweet crude oil exceeds the applicable threshold price of $36.39 per barrel, adjusted annually after calendar year 2007 for inflation unless the lease terms prescribe a different price threshold.
</P>
<P>(ii) Any natural gas produced for any period stipulated in the lease during which the arithmetic average of the daily closing price on the NYMEX for natural gas exceeds the applicable threshold price of $4.55 per MMBtu, adjusted annually after calendar year 2007 for inflation unless the lease terms prescribe a different price threshold.
</P>
<P>(iii) Determine the threshold price for any calendar year after 2007 by adjusting the threshold price in the previous year by the percentage that the implicit price deflator for the gross domestic product, as published by the Department of Commerce, changed during the calendar year.
</P>
<P>(2) You must pay any royalty due under this paragraph, plus late payment interest under 30 CFR 1218.54, no later than 90 days after the end of the period for which royalty is owed.
</P>
<P>(3) Any production on which you must pay royalty under this paragraph will count toward the production volume determined under §§ 560.120 through 560.124.
</P>
<P>(c) If you must pay royalty on any product (either oil or natural gas) for any period under paragraph (b) of this section, you must continue to pay royalty on that product during the next succeeding period of the same length until the arithmetic average of the daily closing NYMEX prices for that product for that period can be determined. If the arithmetic average of the daily closing prices for that product for that period is less than the threshold price stipulated in the lease, you are entitled to a credit or refund of royalties paid for that period with interest under applicable law.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.223" NODE="30:2.0.3.5.7.2.259.13" TYPE="SECTION">
<HEAD>§ 560.223   How do I measure natural gas production for a lease issued in a sale held after November 2000?</HEAD>
<P>You must measure natural gas production subject to the royalty suspension volume for your lease as follows: 5.62 thousand cubic feet of natural gas, measured according to 30 CFR part 250, subpart L, equals one barrel of oil equivalent.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>


<DIV8 N="§ 560.224" NODE="30:2.0.3.5.7.2.259.14" TYPE="SECTION">
<HEAD>§ 560.224   How will royalty suspension apply if BOEM assigns a lease issued in a sale held after November 2000 to a field that has a pre-Act lease?</HEAD>
<P>(a) We will assign your lease that has a qualifying well (under 30 CFR part 250, subpart A) to an existing field or designate a new field and will notify you and other affected lessees and operating rights holders in the field of that assignment.
</P>
<P>(1) Within 15 days of the final notification, you or any of the other affected lessees or operating rights holders may file a written request with the Director for reconsideration, accompanied by a Statement of Reasons.
</P>
<P>(2) The Director will respond in writing either affirming or reversing the assignment decision. The Director's decision is the final action of the Department of the Interior and is not subject to appeal to the Interior Board of Land Appeals under 30 CFR part 590 and 43 CFR part 4.
</P>
<P>(b) If we establish a royalty suspension volume for a field as a result of an approved application for royalty relief submitted for a pre-Act lease under 30 CFR part 203, then:
</P>
<P>(1) Royalty-free production from your RS lease shares from and counts as part of any royalty suspension volume under § 560.114(d) for the field to which we assign your lease; and
</P>
<P>(2) Your RS lease may continue to produce royalty-free up to the royalty suspension we specified for your lease, even if the field to which we assign your RS lease has produced all of its royalty suspension volume.
</P>
<P>(c) Your lease may share in a suspension volume larger than the royalty suspension with which we issued it and to the extent we grant a larger volume in response to an application by a pre-Act lease submitted under 30 CFR part 203. To share in any larger royalty suspension volume, you must file an application described in 30 CFR part 203 (§§ 203.71 and 203.83). In no case will royalty-free production for your RS lease be less than the royalty suspension specified for your lease.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011. Redesignated at 81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="260" NODE="30:2.0.3.5.7.2.260" TYPE="SUBJGRP">
<HEAD>Bidding System Selection Criteria</HEAD>


<DIV8 N="§ 560.230" NODE="30:2.0.3.5.7.2.260.15" TYPE="SECTION">
<HEAD>§ 560.230   What criteria does BOEM use for selecting bidding systems and bidding system components?</HEAD>
<P>In analyzing the application of one of the bidding systems listed in § 560.110 to tracts selected for any OCS lease sale, we may, at our discretion, consider the following purposes and policies. We recognize that each of the purposes and policies may not be specifically applicable to the selection process for a particular bidding system or tract, or may present a conflict that we will have to resolve in the process of bidding system selection. The order of listing does not denote a ranking.
</P>
<P>(a) Providing fair return to the Federal Government;
</P>
<P>(b) Increasing competition;
</P>
<P>(c) Ensuring competent and safe operations;
</P>
<P>(d) Avoiding undue speculation;
</P>
<P>(e) Avoiding unnecessary delays in exploration, development, and production;
</P>
<P>(f) Discovering and recovering oil and gas;
</P>
<P>(g) Developing new oil and gas resources in an efficient and timely manner;
</P>
<P>(h) Limiting the administrative burdens on Government and industry; and
</P>
<P>(i) Providing an opportunity to experiment with various bidding systems to enable us to identify those most appropriate for the satisfaction of the objectives of the United States in OCS lease sales.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.7.3" TYPE="SUBPART">
<HEAD>Subpart C—Operating Allowances</HEAD>


<DIV8 N="§ 560.300" NODE="30:2.0.3.5.7.3.261.1" TYPE="SECTION">
<HEAD>§ 560.300   Operating allowances.</HEAD>
<P>Notwithstanding any other provision in the regulations in this part, BOEM may issue a lease containing an operating allowance when so specified in the final notice of sale and the lease. The allowance amount or formula will be specified in the final notice of sale and in the lease.
</P>
<CITA TYPE="N">[81 FR 18175, Mar. 30, 2016]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.3.5.7.4" TYPE="SUBPART">
<HEAD>Subpart D [Reserved]</HEAD>

</DIV6>


<DIV6 N="E" NODE="30:2.0.3.5.7.5" TYPE="SUBPART">
<HEAD>Subpart E—Electronic Filings</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>81 FR 18176, Mar. 30, 2016, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 560.500" NODE="30:2.0.3.5.7.5.261.1" TYPE="SECTION">
<HEAD>§ 560.500   Electronic document and data transmissions.</HEAD>
<P>(a) BOEM may notify you that it will allow or request you to submit the following information electronically through BOEM's secure electronic filing system, through an alternate secure electronic filing system supported and maintained by the Department, or through some other electronic filing system that BOEM has approved for this purpose:
</P>
<P>(1) Any document(s) or information described in the Qualifications section of part 556 of this chapter, as specified in subpart E. Such information would include, but not be limited to, the official name of the qualifying person, its legal and business address or addresses, its legal form and status, and the names and contact information of a person or organization authorized to act on the person's behalf.
</P>
<P>(2) Any document(s) or information required to obtain BOEM's approval of an assignment or sublease, including any form or instrument that creates or transfers ownership of a lease interest.
</P>
<P>(3) Any document(s) or information required to obtain BOEM's approval of your relinquishment of all, or any aliquot part of your lease, as specified in § 556.1101 of this chapter.
</P>
<P>(4) Any document(s) creating, transferring or assigning economic interests, as specified in §§ 556.715 and 556.808 of this chapter.
</P>
<P>(5) Any document(s) related to a bond, U.S. Treasury note or other security provided to BOEM, which is required to guarantee your compliance with terms and conditions of a lease.
</P>
<P>(6) Any document(s) or information necessary to bid for an OCS lease.
</P>
<P>(7) Any forms, document(s) or information necessary to determine worst case oil-spill discharge volume(s), or to provide evidence demonstrating oil spill financial responsibility, or to guarantee such financial responsibility or to comply with any other requirements of the Oil Spill Financial Responsibility Program, as described in part 553 of this chapter.
</P>
<P>(b) BOEM reserves the right to require the electronic filing of any document(s) or information addressed in paragraph (a)(5) of this section upon a 90-day notice published in the <E T="04">Federal Register</E>; if BOEM mandates that you transmit such document(s) or information electronically, the <E T="04">Federal Register</E> notice will specify the filing details necessary to comply with this regulation.
</P>
<P>(c) In the event BOEM sends documents to you in a secure electronic format, you may either return the document(s) in an electronic format utilizing the same secure transmission mechanism or print the document(s) and return them.
</P>
<P>(d) BOEM may electronically acknowledge, approve, sign, or execute any document(s) referenced in this section.


</P>
</DIV8>


<DIV8 N="§ 560.501" NODE="30:2.0.3.5.7.5.261.2" TYPE="SECTION">
<HEAD>§ 560.501   How long will the confidentiality of electronic document and data transmissions be maintained?</HEAD>
<P>The confidentiality of any electronically submitted information will be maintained for the same proprietary term that would apply to the corresponding non-electronic confidential submission, pursuant to § 556.104(b) of this chapter.


</P>
</DIV8>


<DIV8 N="§ 560.502" NODE="30:2.0.3.5.7.5.261.3" TYPE="SECTION">
<HEAD>§ 560.502   Are electronically filed document transmissions legally binding?</HEAD>
<P>Any document or information referenced in § 560.500 which is submitted to BOEM through a secure electronic filing system that is approved by BOEM will be legally binding, without the need for a paper copy thereof.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="570" NODE="30:2.0.3.5.8" TYPE="PART">
<HEAD>PART 570—NONDISCRIMINATION IN THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>43 U.S.C. 1863.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 570.1" NODE="30:2.0.3.5.8.0.261.1" TYPE="SECTION">
<HEAD>§ 570.1   Purpose.</HEAD>
<P>The purpose of this part is to implement the provisions of section 604 of the OCSLA of 1978 which provides that “no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiving or participating in any activity, sale, or employment, conducted pursuant to the provisions of * * * the Outer Continental Shelf Lands Act.”


</P>
</DIV8>


<DIV8 N="§ 570.2" NODE="30:2.0.3.5.8.0.261.2" TYPE="SECTION">
<HEAD>§ 570.2   Application of this part.</HEAD>
<P>This part applies to any contract or subcontract entered into by a lessee or by a contractor or subcontractor of a lessee after the effective date of these regulations to provide goods, services, facilities, or property in an amount of $10,000 or more in connection with any activity related to the exploration for or development and production of oil, gas, or other minerals or materials in the OCS under the Act.


</P>
</DIV8>


<DIV8 N="§ 570.3" NODE="30:2.0.3.5.8.0.261.3" TYPE="SECTION">
<HEAD>§ 570.3   Definitions.</HEAD>
<P>As used in this part, the following terms shall have the following meaning:
</P>
<P><I>Contract</I> means any business agreement or arrangement (in which the parties do not stand in the relationship of employer and employee) between a lessee and any person which creates an obligation to provide goods, services, facilities, or property.
</P>
<P><I>Lessee</I> means the party authorized by a lease, grant of right-of-way, or an approved assignment thereof to explore, develop, produce, or transport oil, gas, or other minerals or materials in the OCS pursuant to the Act and this part.
</P>
<P><I>Person</I> means a person or company, including but not limited to, a corporation, partnership, association, joint stock venture, trust, mutual fund, or any receiver, trustee in bankruptcy, or other official acting in a similar capacity for such company.
</P>
<P><I>Subcontract</I> means any business agreement or arrangement (in which the parties do not stand in the relationship of employer and employee) between a lessee's contractor and any person other than a lessee that is in any way related to the performance of any one or more contracts.


</P>
</DIV8>


<DIV8 N="§ 570.4" NODE="30:2.0.3.5.8.0.261.4" TYPE="SECTION">
<HEAD>§ 570.4   Discrimination prohibited.</HEAD>
<P>No contract or subcontract to which this part applies shall be denied to or withheld from any person on the grounds of race, creed, color, national origin, or sex.


</P>
</DIV8>


<DIV8 N="§ 570.5" NODE="30:2.0.3.5.8.0.261.5" TYPE="SECTION">
<HEAD>§ 570.5   Complaint.</HEAD>
<P>(a) Whenever any person believes that he or she has been denied a contract or subcontract to which this part applies on the grounds of race, creed, color, national origin, or sex, such person may complain of such denial or withholding to the Regional Director of the OCS Region in which such action is alleged to have occurred. Any complaint filed under this part must be submitted in writing to the appropriate Regional Director not later than 180 days after the date of the alleged unlawful denial of a contract or subcontract which is the basis of the complaint.
</P>
<P>(b) The complaint referred to in paragraph (a) of this section shall be accompanied by such evidence as may be available to a person and which is relevant to the complaint including affidavits and other documents.
</P>
<P>(c) Whenever any person files a complaint under this part, the Regional Director with whom such complaint is filed shall give written notice of such filing to all persons cited in the complaint no later than 10 days after receipt of such complaint. Such notice shall include a statement describing the alleged incident of discrimination, including the date and the names of persons involved in it.


</P>
</DIV8>


<DIV8 N="§ 570.6" NODE="30:2.0.3.5.8.0.261.6" TYPE="SECTION">
<HEAD>§ 570.6   Process.</HEAD>
<P>Whenever a Regional Director determines on the basis of any information, including that which may be obtained under § 570.5 of this part, that a violation of or failure to comply with any provision of this subpart probably occurred, the Regional Director shall undertake to afford the complainant and the person(s) alleged to have violated the provisions of this part an opportunity to engage in informal consultations, meetings, or any other form of communications for the purpose of resolving the complaint. In the event such communications or consultations result in a mutually satisfactory resolution of the complaint, the complainant and all persons cited in the complaint shall notify the Regional Director in writing of their agreement to such resolution. If either the complainant or the person(s) alleged to have wrongfully discriminated fail to provide such written notice within a reasonable period of time, the Regional Director must proceed in accordance with the provisions of 30 CFR part 550, subpart N.


</P>
</DIV8>


<DIV8 N="§ 570.7" NODE="30:2.0.3.5.8.0.261.7" TYPE="SECTION">
<HEAD>§ 570.7   Remedies.</HEAD>
<P>In addition to the penalties available under 30 CFR part 550, subpart N, the Director may invoke any other remedies available to him or her under the Act or regulations for the lessee's failure to comply with provisions of the Act, regulations, or lease.


</P>
</DIV8>

</DIV5>


<DIV5 N="580" NODE="30:2.0.3.5.9" TYPE="PART">
<HEAD>PART 580—PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR ON THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 <I>et seq.,</I> 43 U.S.C. 1337.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.9.1" TYPE="SUBPART">
<HEAD>Subpart A—General Information</HEAD>


<DIV8 N="§ 580.1" NODE="30:2.0.3.5.9.1.269.1" TYPE="SECTION">
<HEAD>§ 580.1   What definitions apply to this part?</HEAD>
<P>Definitions in this part have the following meaning:
</P>
<P><I>Act</I> means the OCS Lands Act, as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Adjacent State</I> means with respect to any activity proposed, conducted, or approved under this part, any coastal State(s):
</P>
<P>(1) That is used, or is scheduled to be used, as a support base for geological and geophysical (G&amp;G) prospecting or scientific research activities; or
</P>
<P>(2) In which there is a reasonable probability of significant effect on land or water uses from such activity.
</P>
<P><I>Analyzed geological information</I> means data collected under a permit or a lease that have been analyzed. Some examples of analysis include, but are not limited to, identification of lithologic and fossil content, core analyses, laboratory analyses of physical and chemical properties, well logs or charts, results from formation fluid tests, and descriptions of mineral occurrences or hazardous conditions.
</P>
<P><I>Archaeological interest</I> means capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation.
</P>
<P><I>Archaeological resource</I> means any material remains of human life or activities that are at least 50 years of age and are of archaeological interest.
</P>
<P><I>Coastal environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone.
</P>
<P><I>Coastal zone</I> means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder) that are strongly influenced by each other and in proximity to the shorelands of the several coastal States. The coastal zone includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches. The coastal zone extends seaward to the outer limit of the United States territorial sea and extends inland from the shorelines to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by the several coastal States, under the authority in section 305(b)(1) of the Coastal Zone Management Act of 1972.
</P>
<P><I>Coastal Zone Management Act</I> means the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 <I>et seq.</I>).
</P>
<P><I>Data</I> means facts and statistics, measurements, or samples that have not been analyzed, processed, or interpreted.
</P>
<P><I>Deep stratigraphic test</I> means drilling that involves the penetration into the sea bottom of more than 500 feet (152 meters).
</P>
<P><I>Director</I> means the Director of the Bureau of Ocean Energy Management, U.S. Department of the Interior, or an official authorized to act on the Director's behalf.
</P>
<P><I>Geological and geophysical (G&amp;G) prospecting activities</I> mean the commercial search for mineral resources other than oil, gas, or sulphur. Activities classified as prospecting include, but are not limited to:
</P>
<P>(1) Geological and geophysical marine and airborne surveys where magnetic, gravity, seismic reflection, seismic refraction, or the gathering through coring or other geological samples are used to detect or imply the presence of hard minerals; and
</P>
<P>(2) Any drilling, whether on or off a geological structure.
</P>
<P><I>Geological and geophysical (G&amp;G) scientific research activities</I> mean any investigations related to hard minerals that are conducted on the OCS for academic or scientific research. These investigations would involve gathering and analyzing geological, geochemical, or geophysical data and information that are made available to the public for inspection and reproduction at the earliest practical time. The term does not include commercial G&amp;G exploration or commercial G&amp;G prospecting activities.
</P>
<P><I>Geological data and information</I> means data and information gathered through or derived from geological and geochemical techniques, e.g., coring and test drilling, well logging, bottom sampling, or other physical sampling or chemical testing process.
</P>
<P><I>Geological sample</I> means a collected portion of the seabed, the subseabed, or the overlying waters acquired while conducting prospecting or scientific research activities.
</P>
<P><I>Geophysical data and information</I> means any data or information gathered through or derived from geophysical measurement or sensing techniques (e.g., gravity, magnetic, or seismic).
</P>
<P><I>Governor</I> means the Governor of a State or the person or entity lawfully designated by or under State law to exercise the powers granted to a Governor under the Act.
</P>
<P><I>Hard minerals</I> mean any minerals found on or below the surface of the seabed except for oil, gas, or sulphur.
</P>
<P><I>Interpreted geological information</I> means the knowledge, often in the form of schematic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of geological data and analyzed and processed geologic information.
</P>
<P><I>Interpreted geophysical information</I> means knowledge, often in the form of seismic cross sections, 3-dimensional representations, and maps, developed by determining the geological significance of geophysical data and processed geophysical information.
</P>
<P><I>Lease</I> means, depending upon the requirements of the context, either:
</P>
<P>(1) An agreement issued under section 8 or maintained under section 6 of the Act that authorizes mineral exploration, development and production; or
</P>
<P>(2) The area covered by an agreement specified in paragraph (1) of this definition.
</P>
<P><I>Material remains</I> means physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which evidence is situated.
</P>
<P><I>Minerals</I> mean all minerals authorized by an Act of Congress to be produced from “public lands” as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). The term includes oil, gas, sulphur, geopressured-geothermal and associated resources.
</P>
<P><I>Notice</I> means a written statement of intent to conduct G&amp;G scientific research that is:
</P>
<P>(1) Related to hard minerals on the OCS; and
</P>
<P>(2) Not covered under a permit.
</P>
<P><I>Oil, gas, and sulphur</I> means oil, gas, and sulphur, geopressured-geothermal and associated resources, including gas hydrates.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands:
</P>
<P>(1) That lie seaward and outside of the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301); and
</P>
<P>(2) Whose subsoil and seabed belong to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Permit</I> means the contract or agreement, other than a lease, issued under this part. The permit gives a person the right, under appropriate statutes, regulations, and stipulations, to conduct on the OCS:
</P>
<P>(1) Geological prospecting for hard minerals;
</P>
<P>(2) Geophysical prospecting for hard minerals;
</P>
<P>(3) Geological scientific research; or
</P>
<P>(4) Geophysical scientific research.
</P>
<P><I>Permittee</I> means the person authorized by a permit issued under this part to conduct activities on the OCS.
</P>
<P><I>Person</I> means:
</P>
<P>(1) A citizen or national of the United States;
</P>
<P>(2) An alien lawfully admitted for permanent residence in the United States as defined in section 8 U.S.C. 1101(a)(20);
</P>
<P>(3) A private, public, or municipal corporation organized under the laws of the United States or of any State or territory thereof, and association of such citizens, nationals, resident aliens or private, public, or municipal corporations, States, or political subdivisions of States; or
</P>
<P>(4) Anyone operating in a manner provided for by treaty or other applicable international agreements. The term does not include Federal agencies.
</P>
<P><I>Processed geological or geophysical information</I> means data collected under a permit and later processed or reprocessed.
</P>
<P>(1) Processing involves changing the form of data as to facilitate interpretation. Some examples of processing operations may include, but are not limited to:
</P>
<P>(i) Applying corrections for known perturbing causes;
</P>
<P>(ii) Rearranging or filtering data; and
</P>
<P>(iii) Combining or transforming data elements.
</P>
<P>(2) Reprocessing is the additional processing other than ordinary processing used in the general course of evaluation. Reprocessing operations may include varying identified parameters for the detailed study of a specific problem area.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or a subordinate authorized to act on the Secretary's behalf.
</P>
<P><I>Shallow test drilling</I> means drilling into the sea bottom to depths less than those specified in the definition of a deep stratigraphic test.
</P>
<P><I>Significant archaeological resource</I> means those archaeological resources that meet the criteria of significance for eligibility of the National Register of Historic Places as defined in 36 CFR 60.4, or its successor.
</P>
<P><I>Third party</I> means any person other than the permittee or a representative of the United States, including all persons who obtain data or information acquired under a permit from the permittee, or from another third party, by sale, trade, license agreement, or other means.
</P>
<P><I>You</I> means a person who applies for and/or obtains a permit, or files a notice to conduct G&amp;G prospecting or scientific research related to hard minerals on the OCS.


</P>
</DIV8>


<DIV8 N="§ 580.2" NODE="30:2.0.3.5.9.1.269.2" TYPE="SECTION">
<HEAD>§ 580.2   What is the purpose of this part?</HEAD>
<P>The purpose of this part is to:
</P>
<P>(a) Allow you to conduct prospecting activities or scientific research activities on the OCS in Federal waters related to hard minerals on unleased lands or on lands under lease to a third party.
</P>
<P>(b) Ensure that you carry out prospecting activities or scientific research activities in a safe and environmentally sound manner so as to prevent harm or damage to, or waste of, any natural resources (including any hard minerals in areas leased or not leased), any life (including fish and other aquatic life), property, or the marine, coastal, or human environment.
</P>
<P>(c) Inform you and third parties of your legal and contractual obligations.
</P>
<P>(d) Inform you and third parties of:
</P>
<P>(1) The U.S. Government's rights to access G&amp;G data and information collected under permit on the OCS;
</P>
<P>(2) Reimbursement we will make for data and information that are submitted; and
</P>
<P>(3) The proprietary terms of data and information that we retain.


</P>
</DIV8>


<DIV8 N="§ 580.3" NODE="30:2.0.3.5.9.1.269.3" TYPE="SECTION">
<HEAD>§ 580.3   What requirements must I follow when I conduct prospecting or research activities?</HEAD>
<P>You must conduct G&amp;G prospecting activities or scientific research activities under this part according to:
</P>
<P>(a) The Act;
</P>
<P>(b) The regulations in this part;
</P>
<P>(c) Orders of the Director/Regional Director (RD); and
</P>
<P>(d) Other applicable statutes, regulations, and amendments.


</P>
</DIV8>


<DIV8 N="§ 580.4" NODE="30:2.0.3.5.9.1.269.4" TYPE="SECTION">
<HEAD>§ 580.4   What activities are not covered by this part?</HEAD>
<P>This part does not apply to:
</P>
<P>(a) G&amp;G prospecting activities conducted by, or on behalf of, the lessee on a lease on the OCS;
</P>
<P>(b) Federal agencies;
</P>
<P>(c) Postlease activities for mineral resources other than oil, gas, and sulphur, which are covered by regulations at 30 CFR parts 582 and 282; and
</P>
<P>(d) G&amp;G exploration or G&amp;G scientific research activities related to oil, gas, and sulphur, including gas hydrates, which are covered by regulations at 30 CFR parts 551 and 251.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.9.2" TYPE="SUBPART">
<HEAD>Subpart B—How To Apply for a Permit or File a Notice</HEAD>


<DIV8 N="§ 580.10" NODE="30:2.0.3.5.9.2.269.1" TYPE="SECTION">
<HEAD>§ 580.10   What must I do before I may conduct prospecting activities?</HEAD>
<P>You must have a BOEM-approved permit to conduct G&amp;G prospecting activities, including deep stratigraphic tests, for hard minerals. If you conduct both G&amp;G prospecting activities, you must have a separate permit for each.


</P>
</DIV8>


<DIV8 N="§ 580.11" NODE="30:2.0.3.5.9.2.269.2" TYPE="SECTION">
<HEAD>§ 580.11   What must I do before I may conduct scientific research?</HEAD>
<P>You may conduct G&amp;G scientific research activities related to hard minerals on the OCS only after you obtain a BOEM-approved permit or file a notice.
</P>
<P>(a) <I>Permit.</I> You must obtain a permit if the research activities you want to conduct involve:
</P>
<P>(1) Using solid or liquid explosives;
</P>
<P>(2) Drilling a deep stratigraphic test; or
</P>
<P>(3) Developing data and information for proprietary use or sale.
</P>
<P>(b) <I>Notice.</I> If you conduct research activities (including federally funded research) not covered by paragraph (a) of this section, you must file a notice with the regional director at least 30 days before you begin. If you cannot file a 30-day notice, you must provide oral notification before you begin and follow up in writing. You must also inform BOEM in writing when you conclude your work.


</P>
</DIV8>


<DIV8 N="§ 580.12" NODE="30:2.0.3.5.9.2.269.3" TYPE="SECTION">
<HEAD>§ 580.12   What must I include in my application or notification?</HEAD>
<P>(a) <I>Permits.</I> You must submit to the Regional Director a signed original and three copies of the permit application form (Form BOEM-0134) at least 30 days before the startup date for activities in the permit area. If unusual circumstances prevent you from meeting this deadline, you must immediately contact the Regional Director to arrange an acceptable deadline. The form includes names of persons; the type, location, purpose, and dates of activity; and environmental and other information. A nonrefundable service fee of $2,012 must be paid electronically through <I>Pay.gov</I> at: <I>https://www.pay.gov/paygov/</I> and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your application.
</P>
<P>(b) <I>Disapproval of permit application.</I> If we disapprove your application for a permit, the RD will explain the reasons for the disapproval and what you must do to obtain approval.
</P>
<P>(c) <I>Notices.</I> You must sign and date a notice that includes:
</P>
<P>(1) The name(s) of the person(s) who will conduct the proposed research;
</P>
<P>(2) The name(s) of any other person(s) participating in the proposed research, including the sponsor;
</P>
<P>(3) The type of research and a brief description of how you will conduct it;
</P>
<P>(4) A map, plat, or chart, that shows the location where you will conduct research;
</P>
<P>(5) The proposed projected starting and ending dates for your research activity;
</P>
<P>(6) The name, registry number, registered owner, and port of registry of vessels used in the operation;
</P>
<P>(7) The earliest practical time you expect to make the data and information resulting from your research activity available to the public;
</P>
<P>(8) Your plan of how you will make the data and information you collect available to the public;
</P>
<P>(9) A statement that you and others involved will not sell or withhold the data and information resulting from your research; and
</P>
<P>(10) At your option, the nonexclusive use agreement for scientific research attachment to Form BOEM-0134. (If you submit this agreement, you do not have to submit the material required in paragraphs (c)(7), (c)(8), and (c)(9) of this section.)


</P>
</DIV8>


<DIV8 N="§ 580.13" NODE="30:2.0.3.5.9.2.269.4" TYPE="SECTION">
<HEAD>§ 580.13   Where must I send my application or notification?</HEAD>
<P>You must apply for a permit or file a notice at one of the following locations:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the OCS off the . . .
</TH><TH class="gpotbl_colhed" scope="col">Apply to . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) State of Alaska</TD><TD align="left" class="gpotbl_cell">Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, AK 99503.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) Atlantic Coast, Gulf of America, Puerto Rico, or U.S. territories in the Caribbean Sea</TD><TD align="left" class="gpotbl_cell">Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Gulf of America OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123-2394.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c) States of California, Oregon, Washington, Hawaii, or U.S. territories in the Pacific Ocean</TD><TD align="left" class="gpotbl_cell">Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Pacific OCS Region, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, CA 93010.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57097, Sept. 22, 2015; 90 FR 24072, June 6, 2025]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.9.3" TYPE="SUBPART">
<HEAD>Subpart C—Obligations Under This Part</HEAD>


<DIV7 N="269" NODE="30:2.0.3.5.9.3.269" TYPE="SUBJGRP">
<HEAD>Prohibitions and Requirements</HEAD>


<DIV8 N="§ 580.20" NODE="30:2.0.3.5.9.3.269.1" TYPE="SECTION">
<HEAD>§ 580.20   What must I not do in conducting Geological and Geophysical (G&amp;G) prospecting or scientific research?</HEAD>
<P>While conducting G&amp;G prospecting or scientific research activities under a permit or notice, you must not:
</P>
<P>(a) Interfere with or endanger operations under any lease, right-of-way, easement, right-of-use, notice, or permit issued or maintained under the Act;
</P>
<P>(b) Cause harm or damage to life (including fish and other aquatic life), property, or the marine, coastal, or human environment;
</P>
<P>(c) Cause harm or damage to any mineral resources (in areas leased or not leased);
</P>
<P>(d) Cause pollution;
</P>
<P>(e) Disturb archaeological resources;
</P>
<P>(f) Create hazardous or unsafe conditions;
</P>
<P>(g) Unreasonably interfere with or cause harm to other uses of the area; or
</P>
<P>(h) Claim any oil, gas, sulphur, or other minerals you discover while conducting operations under a permit or notice.


</P>
</DIV8>


<DIV8 N="§ 580.21" NODE="30:2.0.3.5.9.3.269.2" TYPE="SECTION">
<HEAD>§ 580.21   What must I do in conducting G&amp;G prospecting or scientific research?</HEAD>
<P>While conducting G&amp;G prospecting or scientific research activities under a permit or notice, you must:
</P>
<P>(a) Immediately report to the Regional Director if you:
</P>
<P>(1) Detect hydrocarbon or any other mineral occurrences;
</P>
<P>(2) Detect environmental hazards that imminently threaten life and property; or
</P>
<P>(3) Adversely affect the environment, aquatic life, archaeological resources, or other uses of the area where you are prospecting or conducting scientific research activities.
</P>
<P>(b) Consult and coordinate your G&amp;G activities with other users of the area for navigation and safety purposes.
</P>
<P>(c) If you conduct shallow test drilling or deep stratigraphic test drilling activities, you must use the best available and safest technologies that the Regional Director considers economically feasible.


</P>
</DIV8>


<DIV8 N="§ 580.22" NODE="30:2.0.3.5.9.3.269.3" TYPE="SECTION">
<HEAD>§ 580.22   What must I do when seeking approval for modifications?</HEAD>
<P>Before you begin modified operations, you must submit a written request describing the modifications and receive the Regional Director's oral or written approval. If circumstances preclude a written request, you must make an oral request and follow up in writing.


</P>
</DIV8>


<DIV8 N="§ 580.23" NODE="30:2.0.3.5.9.3.269.4" TYPE="SECTION">
<HEAD>§ 580.23   How must I cooperate with inspection activities?</HEAD>
<P>(a) You must allow our representatives to inspect your G&amp;G prospecting or any scientific research activities that are being conducted under a permit. They will determine whether operations are adversely affecting the environment, aquatic life, archaeological resources, or other uses of the area.
</P>
<P>(b) BOEM will reimburse you for food, quarters, and transportation that you provide for our representatives if you send in your reimbursement request to the region that issued the permit within 90 days of the inspection.


</P>
</DIV8>


<DIV8 N="§ 580.24" NODE="30:2.0.3.5.9.3.269.5" TYPE="SECTION">
<HEAD>§ 580.24   What reports must I file?</HEAD>
<P>(a) You must submit status reports on a schedule specified in the permit and include a daily log of operations.
</P>
<P>(b) You must submit a final report of G&amp;G prospecting or scientific research activities under a permit within 30 days after you complete acquisition activities under the permit. You may combine the final report with the last status report and must include each of the following:
</P>
<P>(1) A description of the work performed.
</P>
<P>(2) Charts, maps, plats and digital navigation data in a format specified by the Regional Director, showing the areas and blocks in which any G&amp;G prospecting or permitted scientific research activities were conducted. Identify the lines of geophysical traverses and their locations including a reference sufficient to identify the data produced during each activity.
</P>
<P>(3) The dates on which you conducted the actual prospecting or scientific research activities.
</P>
<P>(4) A summary of any:
</P>
<P>(i) Hard mineral, hydrocarbon, or sulphur occurrences encountered;
</P>
<P>(ii) Environmental hazards; and
</P>
<P>(iii) Adverse effects of the G&amp;G prospecting or scientific research activities on the environment, aquatic life, archaeological resources, or other uses of the area in which the activities were conducted.
</P>
<P>(5) Other descriptions of the activities conducted as specified by the Regional Director.


</P>
</DIV8>

</DIV7>


<DIV7 N="270" NODE="30:2.0.3.5.9.3.270" TYPE="SUBJGRP">
<HEAD>Interrupted Activities</HEAD>


<DIV8 N="§ 580.25" NODE="30:2.0.3.5.9.3.270.6" TYPE="SECTION">
<HEAD>§ 580.25   When may BOEM require me to stop activities under this part?</HEAD>
<P>(a) We may temporarily stop prospecting or scientific research activities under a permit when the Regional Director determines that:
</P>
<P>(1) Activities pose a threat of serious, irreparable, or immediate harm. This includes damage to life (including fish and other aquatic life), property, and any minerals (in areas leased or not leased), to the marine, coastal, or human environment, or to an archaeological resource;
</P>
<P>(2) You failed to comply with any applicable law, regulation, order or provision of the permit. This would include our required submission of reports, well records or logs, and G&amp;G data and information within the time specified; or
</P>
<P>(3) Stopping the activities is in the interest of National security or defense.
</P>
<P>(b) The Regional Director will advise you either orally or in writing of the procedures to temporarily stop activities. We will confirm an oral notification in writing and deliver all written notifications by courier or certified/registered mail. You must stop all activities under a permit as soon as you receive an oral or written notification.


</P>
</DIV8>


<DIV8 N="§ 580.26" NODE="30:2.0.3.5.9.3.270.7" TYPE="SECTION">
<HEAD>§ 580.26   When may I resume activities?</HEAD>
<P>The Regional Director will advise you when you may start your permit activities again.


</P>
</DIV8>


<DIV8 N="§ 580.27" NODE="30:2.0.3.5.9.3.270.8" TYPE="SECTION">
<HEAD>§ 580.27   When may BOEM cancel my permit?</HEAD>
<P>The Regional Director may cancel a permit at any time.
</P>
<P>(a) If we cancel your permit, the Regional Director will advise you by certified or registered mail 30 days before the cancellation date and will state the reason.
</P>
<P>(b) After we cancel your permit, you are still responsible for proper abandonment of any drill site according to the requirements of 30 CFR 251.7(b)(8). You must comply with all other obligations specified in this part or in the permit.


</P>
</DIV8>


<DIV8 N="§ 580.28" NODE="30:2.0.3.5.9.3.270.9" TYPE="SECTION">
<HEAD>§ 580.28   May I relinquish my permit?</HEAD>
<P>(a) You may relinquish your permit at any time by advising the Regional Director by certified or registered mail 30 days in advance.
</P>
<P>(b) After you relinquish your permit, you are still responsible for proper abandonment of any drill sites according to the requirements of 30 CFR 251.7(b)(8). You must also comply with all other obligations specified in this part or in the permit.


</P>
</DIV8>

</DIV7>


<DIV7 N="271" NODE="30:2.0.3.5.9.3.271" TYPE="SUBJGRP">
<HEAD>Environmental Issues</HEAD>


<DIV8 N="§ 580.29" NODE="30:2.0.3.5.9.3.271.10" TYPE="SECTION">
<HEAD>§ 580.29   Will BOEM monitor the environmental effects of my activity?</HEAD>
<P>We will evaluate the potential of proposed prospecting or scientific research activities for adverse impact on the environment to determine the need for mitigation measures.


</P>
</DIV8>


<DIV8 N="§ 580.30" NODE="30:2.0.3.5.9.3.271.11" TYPE="SECTION">
<HEAD>§ 580.30   What activities will not require environmental analysis?</HEAD>
<P>We anticipate that activities of the type listed below typically will not cause significant environmental impact and will normally be categorically excluded from additional environmental analysis. The types of activities include:
</P>
<P>(a) Gravity and magnetometric observations and measurements;
</P>
<P>(b) Bottom and subbottom acoustic profiling or imaging without the use of explosives;
</P>
<P>(c) Hard minerals sampling of a limited nature such as shallow test drilling;
</P>
<P>(d) Water and biotic sampling, if the sampling does not adversely affect shellfish beds, marine mammals, or an endangered species or if permitted by the National Marine Fisheries Service or another Federal agency;
</P>
<P>(e) Meteorological observations and measurements, including the setting of instruments;
</P>
<P>(f) Hydrographic and oceanographic observations and measurements, including the setting of instruments;
</P>
<P>(g) Sampling by box core or grab sampler to determine seabed geological or geotechnical properties;
</P>
<P>(h) Television and still photographic observation and measurements;
</P>
<P>(i) Shipboard hard mineral assaying and analysis; and
</P>
<P>(j) Placement of positioning systems, including bottom transponders and surface and subsurface buoys reported in Notices to Mariners.


</P>
</DIV8>


<DIV8 N="§ 580.31" NODE="30:2.0.3.5.9.3.271.12" TYPE="SECTION">
<HEAD>§ 580.31   Whom will BOEM notify about environmental issues?</HEAD>
<P>(a) In cases where Coastal Zone Management Act consistency review is required, the Director will notify the Governor of each adjacent State with a copy of the application for a permit immediately upon the submission for approval.
</P>
<P>(b) In cases where an environmental assessment is to be prepared, the Director will invite the Governor of each adjacent State to review and provide comments regarding the proposed activities. The Director's invitation to provide comments will allow the Governor a specified period of time to comment.
</P>
<P>(c) When a permit is issued, the Director will notify affected parties including each affected coastal State, Federal agency, local government, and special interest organization that has expressed an interest.


</P>
</DIV8>

</DIV7>


<DIV7 N="272" NODE="30:2.0.3.5.9.3.272" TYPE="SUBJGRP">
<HEAD>Penalties and Appeals</HEAD>


<DIV8 N="§ 580.32" NODE="30:2.0.3.5.9.3.272.13" TYPE="SECTION">
<HEAD>§ 580.32   What penalties may I be subject to?</HEAD>
<P>(a) <I>Penalties for noncompliance under a permit.</I> You are subject to the penalty provisions of section 24 of the Act (43 U.S.C. 1350) and the procedures contained in 30 CFR part 550, subpart N for noncompliance with:
</P>
<P>(1) Any provision of the Act;
</P>
<P>(2) Any provisions of a G&amp;G or drilling permit; or
</P>
<P>(3) Any regulation or order issued under the Act.
</P>
<P>(b) <I>Penalties under other laws and regulations.</I> The penalties prescribed in this section are in addition to any other penalty imposed by any other law or regulation.


</P>
</DIV8>


<DIV8 N="§ 580.33" NODE="30:2.0.3.5.9.3.272.14" TYPE="SECTION">
<HEAD>§ 580.33   How can I appeal a penalty?</HEAD>
<P>See 30 CFR part 550.1409 and 30 CFR part 590, subpart A, for instructions on how to appeal any decision assessing a civil penalty under 43 U.S.C. 1350 and 30 CFR part 550, subpart A.


</P>
</DIV8>


<DIV8 N="§ 580.34" NODE="30:2.0.3.5.9.3.272.15" TYPE="SECTION">
<HEAD>§ 580.34   How can I appeal an order or decision?</HEAD>
<P>See 30 CFR part 590, subpart A, for instructions on how to appeal an order or decision.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="D" NODE="30:2.0.3.5.9.4" TYPE="SUBPART">
<HEAD>Subpart D—Data Requirements</HEAD>


<DIV7 N="273" NODE="30:2.0.3.5.9.4.273" TYPE="SUBJGRP">
<HEAD>Geological Data and Information</HEAD>


<DIV8 N="§ 580.40" NODE="30:2.0.3.5.9.4.273.1" TYPE="SECTION">
<HEAD>§ 580.40   When do I notify BOEM that geological data and information are available for submission, inspection, and selection?</HEAD>
<P>(a) You must notify the Regional Director, in writing, when you complete the initial analysis, processing, or interpretation of any geological data and information. Initial analysis and processing are the stages of analysis or processing where the data and information first become available for in-house interpretation by the permittee or become available commercially to third parties via sale, trade, license agreement, or other means.
</P>
<P>(b) The Regional Director may ask if you have further analyzed, processed, or interpreted any geological data and information. When asked, you must respond to us in writing within 30 days.
</P>
<P>(c) The Regional Director may ask you or a third party to submit the analyzed, processed, or interpreted geologic data and information for us to inspect or permanently retain. You must submit the data and information within 30 days after such a request.


</P>
</DIV8>


<DIV8 N="§ 580.41" NODE="30:2.0.3.5.9.4.273.2" TYPE="SECTION">
<HEAD>§ 580.41   What types of geological data and information must I submit to BOEM?</HEAD>
<P>Unless the Regional Director specifies otherwise, you must submit geological data and information that include:
</P>
<P>(a) An accurate and complete record of all geological (including geochemical) data and information describing each operation of analysis, processing, and interpretation;
</P>
<P>(b) Paleontological reports identifying by depth any microscopic fossils collected, including the reference datum to which paleontological sample depths are related and, if the Regional Director requests, washed samples, that you maintain for paleontological determinations;
</P>
<P>(c) Copies of well logs or charts in a digital format, if available;
</P>
<P>(d) Results and data obtained from formation fluid tests;
</P>
<P>(e) Analyses of core or bottom samples and/or a representative cut or split of the core or bottom sample;
</P>
<P>(f) Detailed descriptions of any hydrocarbons or other minerals or hazardous conditions encountered during operations, including near losses of well control, abnormal geopressures, and losses of circulation; and
</P>
<P>(g) Other geological data and information that the RD may specify.


</P>
</DIV8>


<DIV8 N="§ 580.42" NODE="30:2.0.3.5.9.4.273.3" TYPE="SECTION">
<HEAD>§ 580.42   When geological data and information are obtained by a third party, what must we both do?</HEAD>
<P>A third party may obtain geological data and information from a permittee, or from another third party, by sale, trade, license agreement, or other means. If this happens:
</P>
<P>(a) The third-party recipient of the data and information assumes the obligations under this part, except for the notification provisions of § 580.40(a) and is subject to the penalty provisions of § 580.32(a)(1) and 30 CFR part 550, subpart N; and
</P>
<P>(b) A permittee or third party that sells, trades, licenses, or otherwise provides data and information to a third party must advise the recipient, in writing, that accepting these obligations is a condition precedent of the sale, trade, license, or other agreement; and
</P>
<P>(c) Except for license agreements, a permittee or third party that sells, trades, or otherwise provides data and information to a third party must advise the Regional Director in writing within 30 days of the sale, trade, or other agreement, including the identity of the recipient of the data and information; or
</P>
<P>(d) For license agreements, a permittee or third party that licenses data and information to a third party must, within 30 days of a request by the Regional Director, advise the Regional Director, in writing, of the license agreement, including the identity of the recipient of the data and information.


</P>
</DIV8>

</DIV7>


<DIV7 N="274" NODE="30:2.0.3.5.9.4.274" TYPE="SUBJGRP">
<HEAD>Geophysical Data and Information</HEAD>


<DIV8 N="§ 580.50" NODE="30:2.0.3.5.9.4.274.4" TYPE="SECTION">
<HEAD>§ 580.50   When do I notify BOEM that geophysical data and information are available for submission, inspection, and selection?</HEAD>
<P>(a) You must notify the Regional Director in writing when you complete the initial processing and interpretation of any geophysical data and information. Initial processing is the stage of processing where the data and information become available for in-house interpretation by the permittee, or become available commercially to third parties via sale, trade, license agreement, or other means.
</P>
<P>(b) The Regional Director may ask whether you have further processed or interpreted any geophysical data and information. When asked, you must respond to us in writing within 30 days.
</P>
<P>(c) The Regional Director may request that the permittee or third party submit geophysical data and information before making a final selection for retention. Our representatives may inspect and select the data and information on your premises, or the Regional Director can request delivery of the data and information to the appropriate regional office for review.
</P>
<P>(d) You must submit the geophysical data and information within 30 days of receiving the request, unless the Regional Director extends the delivery time.
</P>
<P>(e) At any time before final selection, the Regional Director may review and return any or all geophysical data and information. We will notify you in writing of any data the RD decides to retain.


</P>
</DIV8>


<DIV8 N="§ 580.51" NODE="30:2.0.3.5.9.4.274.5" TYPE="SECTION">
<HEAD>§ 580.51   What types of geophysical data and information must I submit to BOEM?</HEAD>
<P>Unless the Regional Director specifies otherwise, you must include:
</P>
<P>(a) An accurate and complete record of each geophysical survey conducted under the permit, including digital navigational data and final location maps;
</P>
<P>(b) All seismic data collected under a permit presented in a format and of a quality suitable for processing;
</P>
<P>(c) Processed geophysical information derived from seismic data with extraneous signals and interference removed, presented in a quality format suitable for interpretive evaluation, reflecting state-of-the-art processing techniques; and
</P>
<P>(d) Other geophysical data, processed geophysical information, and interpreted geophysical information including, but not limited to, shallow and deep subbottom profiles, bathymetry, sidescan sonar, gravity and magnetic surveys, and special studies such as refraction and velocity surveys.


</P>
</DIV8>


<DIV8 N="§ 580.52" NODE="30:2.0.3.5.9.4.274.6" TYPE="SECTION">
<HEAD>§ 580.52   When geophysical data and information are obtained by a third party, what must we both do?</HEAD>
<P>A third party may obtain geophysical data, processed geophysical information, or interpreted geophysical information from a permittee, or from another third party, by sale, trade, license agreement, or other means. If this happens:
</P>
<P>(a) The third-party recipient of the data and information assumes the obligations under this part, except for the notification provisions of § 580.50(a) and is subject to the penalty provisions of § 580.32(a)(1) and 30 CFR 550, subpart N; and
</P>
<P>(b) A permittee or third party that sells, trades, licenses, or otherwise provides data and information to a third party must advise the recipient, in writing, that accepting these obligations is a condition precedent of the sale, trade, license, or other agreement; and
</P>
<P>(c) Except for license agreements, a permittee or third party that sells, trades, or otherwise provides data and information to a third party must advise the Regional Director, in writing within 30 days of the sale, trade, or other agreements, including the identity of the recipient of the data and information; or
</P>
<P>(d) For license agreements, a permittee or third party that licenses data and information to a third party must, within 30 days of a request by the Regional Director, advise the Regional Director, in writing, of the license agreement, including the identity of the recipient of the data and information.


</P>
</DIV8>

</DIV7>


<DIV7 N="275" NODE="30:2.0.3.5.9.4.275" TYPE="SUBJGRP">
<HEAD>Reimbursement</HEAD>


<DIV8 N="§ 580.60" NODE="30:2.0.3.5.9.4.275.7" TYPE="SECTION">
<HEAD>§ 580.60   Which of my costs will be reimbursed?</HEAD>
<P>(a) We will reimburse you or a third party for reasonable costs of reproducing data and information that the Regional Director requests if:
</P>
<P>(1) You deliver G&amp;G data and information to us for the Regional Director to inspect or select and retain (according to §§ 580.40 and 580.50);
</P>
<P>(2) We receive your request for reimbursement and the Regional Director determines that the requested reimbursement is proper; and
</P>
<P>(3) The cost is at your lowest rate (or a third party's) or at the lowest commercial rate established in the area, whichever is less.
</P>
<P>(b) We will reimburse you or the third party for the reasonable costs of processing geophysical information (which does not include cost of data acquisition) if, at the request of the Regional Director, you processed the geophysical data or information in a form or manner other than that used in the normal conduct of business.


</P>
</DIV8>


<DIV8 N="§ 580.61" NODE="30:2.0.3.5.9.4.275.8" TYPE="SECTION">
<HEAD>§ 580.61   Which of my costs will not be reimbursed?</HEAD>
<P>(a) When you request reimbursement, you must identify reproduction and processing costs separately from acquisition costs.
</P>
<P>(b) We will not reimburse you or a third party for data acquisition costs or for the costs of analyzing or processing geological information or interpreting geological or geophysical information.


</P>
</DIV8>

</DIV7>


<DIV7 N="276" NODE="30:2.0.3.5.9.4.276" TYPE="SUBJGRP">
<HEAD>Protections</HEAD>


<DIV8 N="§ 580.70" NODE="30:2.0.3.5.9.4.276.9" TYPE="SECTION">
<HEAD>§ 580.70   What data and information will be protected from public disclosure?</HEAD>
<P>In making data and information available to the public, the Regional Director will follow the applicable requirements of:
</P>
<P>(a) The Freedom of Information Act (5 U.S.C. 552);
</P>
<P>(b) The implementing regulations at 43 CFR part 2;
</P>
<P>(c) The Act; and
</P>
<P>(d) The regulations at 30 CFR parts 550 and 552.
</P>
<P>(1) If the RD determines that any data or information is exempt from disclosure under the Freedom of Information Act, we will not disclose the data and information unless either:
</P>
<P>(i) You and all third parties agree to the disclosure; or
</P>
<P>(ii) A provision of 30 CFR parts 550 and 552 allows us to make the disclosure.
</P>
<P>(2) We will keep confidential the identity of third-party recipients of data and information collected under a permit. We will not release the identity unless you and the third parties agree to the disclosure.
</P>
<P>(3) When you detect any significant hydrocarbon occurrences or environmental hazards on unleased lands during drilling operations, the Regional Director will immediately issue a public announcement. The announcement must further the National interest without unduly damaging your competitive position.


</P>
</DIV8>


<DIV8 N="§ 580.71" NODE="30:2.0.3.5.9.4.276.10" TYPE="SECTION">
<HEAD>§ 580.71   What is the timetable for release of data and information?</HEAD>
<P>We will release data and information that you or a third party submits and we retain according to paragraphs (a) and (b) of this section.
</P>
<P>(a) If the data and information are not related to a deep stratigraphic test, we will release them to the public according to items (1), (2), and (3) in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you or a third party submits and we retain . . .
</TH><TH class="gpotbl_colhed" scope="col">The Regional Director will disclose them to the public . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Geological data and information,</TD><TD align="left" class="gpotbl_cell">10 years after issuing the permit.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Geophysical data,</TD><TD align="left" class="gpotbl_cell">50 years after you or a third party submit the data.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Geophysical information,</TD><TD align="left" class="gpotbl_cell">25 years after you or a third party submit the information.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Data and information related to a deep stratigraphic test,</TD><TD align="left" class="gpotbl_cell">25 years after you complete the test, unless the provisions of paragraph (b) of this section apply.</TD></TR></TABLE></DIV></DIV>
<P>(b) This paragraph applies if you are covered by paragraph (a)(4) of this section and a lease sale is held or a noncompetitive agreement is negotiated after you complete a test well. We will release the data and information related to the deep stratigraphic test at the earlier of the following times:
</P>
<P>(1) Twenty-five years after you complete the test; or
</P>
<P>(2) Sixty calendar days after we issue a lease, located partly or totally within 50 geographic miles (92.7 kilometers) of the test.


</P>
</DIV8>


<DIV8 N="§ 580.72" NODE="30:2.0.3.5.9.4.276.11" TYPE="SECTION">
<HEAD>§ 580.72   What procedure will BOEM follow to disclose acquired data and information to a contractor for reproduction, processing, and interpretation?</HEAD>
<P>(a) When practical, the Regional Director will advise the person who submitted data and information under § 580.40 or § 580.50 of the intent to provide the data or information to an independent contractor or agent for reproduction, processing, and interpretation.
</P>
<P>(b) The person notified will have at least five working days to comment on the action.
</P>
<P>(c) When the Regional Director advises the person who submitted the data and information, all other owners of the data or information will be considered to have been notified.
</P>
<P>(d) The independent contractor or agent must sign a written commitment not to sell, trade, license, or disclose data or information to anyone without the Regional Director's consent.


</P>
</DIV8>


<DIV8 N="§ 580.73" NODE="30:2.0.3.5.9.4.276.12" TYPE="SECTION">
<HEAD>§ 580.73   Will BOEM share data and information with coastal States?</HEAD>
<P>(a) We can disclose proprietary data, information, and samples submitted to us by permittees or third parties that we receive under this part to the Governor of any adjacent State that requests it according to paragraphs (b), (c), and (d) of this section. The permittee or third parties who submitted proprietary data, information, and samples will be notified about the disclosure and will have at least five working days to comment on the action.
</P>
<P>(b) We will make a disclosure under this section only after the Governor and the Secretary have entered into an agreement containing all of the following provisions:
</P>
<P>(1) The confidentiality of the information will be maintained.
</P>
<P>(2) In any action taken for failure to protect the confidentiality of proprietary information, neither the Federal Government nor the State may raise as a defense:
</P>
<P>(i) Any claim of sovereign immunity; or
</P>
<P>(ii) Any claim that the employee who revealed the proprietary information was acting outside the scope of his/her employment in revealing the information.
</P>
<P>(3) The State agrees to hold the Federal Government harmless for any violation by the State or its employees or contractors of the agreement to protect the confidentiality of proprietary data and information and samples.
</P>
<P>(4) The materials containing the proprietary data, information, and samples will remain the property of the Federal Government.
</P>
<P>(c) The data, information, and samples available for reproduction to the State(s) under an agreement must be related to leased lands. Data and information on unleased lands may be viewed but not copied or reproduced.
</P>
<P>(d) The State must return to us the materials containing the proprietary data, information, and samples when we ask for them or when the State no longer needs them.
</P>
<P>(e) Information received and knowledge gained by a State official under paragraph (d) of this section is subject to confidentiality requirements of:
</P>
<P>(1) The Act; and
</P>
<P>(2) The regulations at 30 CFR parts 580, 581, and 582.


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="E" NODE="30:2.0.3.5.9.5" TYPE="SUBPART">
<HEAD>Subpart E—Information Collection</HEAD>


<DIV8 N="§ 580.80" NODE="30:2.0.3.5.9.5.277.1" TYPE="SECTION">
<HEAD>§ 580.80   Paperwork Reduction Act statement—information collection.</HEAD>
<P>(a) The Office of Management and Budget (OMB) has approved the information collection requirements in this part under 44 U.S.C. 3501 <I>et seq.</I> and assigned OMB control number 1010-0072. The title of this information collection is “30 CFR part 580, Prospecting for Minerals other than Oil, Gas, and Sulphur on the Outer Continental Shelf.”
</P>
<P>(b) We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(c) We use the information collected under this part to:
</P>
<P>(1) Evaluate permit applications and monitor scientific research activities for environmental and safety reasons.
</P>
<P>(2) Determine that prospecting does not harm resources, result in pollution, create hazardous or unsafe conditions, or interfere with other users in the area.
</P>
<P>(3) Approve reimbursement of certain expenses.
</P>
<P>(4) Monitor the progress and activities carried out under an OCS prospecting permit.
</P>
<P>(5) Inspect and select G&amp;G data and information collected under an OCS prospecting permit.
</P>
<P>(d) Respondents are Federal OCS permittees and notice filers. Responses are mandatory or are required to obtain or retain a benefit. We will protect information considered proprietary under applicable law and under regulations at § 580.70 and 30 CFR part 581.
</P>
<P>(e) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57098, Sept. 22, 2015]


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="581" NODE="30:2.0.3.5.10" TYPE="PART">
<HEAD>PART 581—LEASING OF MINERALS OTHER THAN OIL, GAS, AND SULPHUR IN THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 <I>et seq.,</I> 43 U.S.C. 1337.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.10.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 581.0" NODE="30:2.0.3.5.10.1.277.1" TYPE="SECTION">
<HEAD>§ 581.0   Authority for information collection.</HEAD>
<P>The information collection requirements contained in part 581 have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1010-0082. The information is being collected to determine if the applicant for a lease on the Outer Continental Shelf (OCS) is qualified to hold such a lease or to determine if a requested action is warranted. The information will be used to make those determinations. An applicant must respond to obtain or retain a benefit.


</P>
</DIV8>


<DIV8 N="§ 581.1" NODE="30:2.0.3.5.10.1.277.2" TYPE="SECTION">
<HEAD>§ 581.1   Purpose and applicability.</HEAD>
<P>The purpose of these regulations is to establish procedures under which the Secretary of the Interior (Secretary) will exercise the authority granted to administer a leasing program for minerals other than oil, gas, and sulphur in the OCS. The rules in this part apply exclusively to leasing activities for minerals other than oil, gas, and sulphur in the OCS pursuant to the Act.


</P>
</DIV8>


<DIV8 N="§ 581.2" NODE="30:2.0.3.5.10.1.277.3" TYPE="SECTION">
<HEAD>§ 581.2   Authority.</HEAD>
<P>The Act authorizes the Secretary to grant leases for any mineral other than oil, gas, and sulphur in any area of the OCS to the qualified persons offering the highest cash bonuses on the basis of competitive bidding upon such royalty, rental, and other terms and conditions as the Secretary may prescribe at the time of offering the area for lease (43 U.S.C. 1337(k)). The Secretary is to administer the leasing provisions of the Act and prescribe the rules and regulations necessary to carry out those provisions (43 U.S.C. 1334(a)).


</P>
</DIV8>


<DIV8 N="§ 581.3" NODE="30:2.0.3.5.10.1.277.4" TYPE="SECTION">
<HEAD>§ 581.3   Definitions.</HEAD>
<P>When used in this part, the following terms shall have the following meaning:
</P>
<P><I>Act</I> means the OCS Lands Act, as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Adjacent State</I> means with respect to any activity proposed, conducted, or approved under this part, any coastal State—
</P>
<P>(1) That is, or is proposed to be, receiving for processing, refining, or transshipping OCS mineral resources commercially recovered from the seabed;
</P>
<P>(2) That is used, or is scheduled to be used, as a support base for prospecting, exploration, testing, and mining activities; or
</P>
<P>(3) In which there is a reasonable probability of significant effect on land or water uses from such activity.
</P>
<P><I>Director</I> means the Director of the Bureau of Ocean Energy Management (BOEM) of the U.S. Department of the Interior or an official authorized to act on the Director's behalf.
</P>
<P><I>Governor</I> means the Governor of a State or the person or entity designated by, or pursuant to, State law to exercise the powers granted to such Governor pursuant to the Act.
</P>
<P><I>Lease</I> means any form of authorization which is issued under section 8 of the Act and which authorizes exploration for, and development and production of, minerals, or the area covered by that authorization, whichever is required by the context.
</P>
<P><I>Lessee</I> means the person authorized by a lease, or an approved assignment thereof, to explore for and develop and produce the leased deposits in accordance with the regulations in this chapter. The term includes all persons holding that authority by or through the lessee.
</P>
<P><I>OCS mineral</I> means a mineral deposit or accretion found on or below the surface of the seabed but does not include oil, gas, sulphur; salt or sand and gravel intended for use in association with the development of oil, gas, or sulphur; or source materials essential to production of fissionable materials which are reserved to the United States pursuant to section 12(e) of the Act.
</P>
<P><I>Outer Continental Shelf</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Overriding royalty</I> means a royalty created out of the lessee's interest which is over and above the royalty reserved to the lessor in the original lease.
</P>
<P><I>Person</I> means a citizen or national of the United States; an alien lawfully admitted for permanent residency in the United States as defined in 8 U.S.C. 1101(a)(20); a private, public, or municipal corporation organized under the laws of the United States or of any State or territory thereof; an association of such citizens, nationals, resident aliens or private, public, or municipal corporations, States, or political subdivisions of States; or anyone operating in a manner provided for by treaty or other applicable international agreements. The term does not include Federal Agencies.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.


</P>
</DIV8>


<DIV8 N="§ 581.4" NODE="30:2.0.3.5.10.1.277.5" TYPE="SECTION">
<HEAD>§ 581.4   Qualifications of lessees.</HEAD>
<P>(a) In accordance with section 8(k) of the Act, leases shall be awarded only to qualified persons offering the highest cash bonus bid.
</P>
<P>(b) Mineral leases issued pursuant to section 8 of the Act may be held only by:
</P>
<P>(1) Citizens and nationals of the United States;
</P>
<P>(2) Aliens lawfully admitted for permanent residence in the United States as defined in 8 U.S.C. 1101(a)(20);
</P>
<P>(3) Private, public, or municipal corporations organized under the laws of the United States or of any State or of the District of Columbia or territory thereof; or
</P>
<P>(4) Associations of such citizens, nationals, resident aliens, or private, public, or municipal corporations, States, or political subdivisions of States.


</P>
</DIV8>


<DIV8 N="§ 581.5" NODE="30:2.0.3.5.10.1.277.6" TYPE="SECTION">
<HEAD>§ 581.5   False statements.</HEAD>
<P>Under the provisions of 18 U.S.C. 1001, it is a crime punishable by up to 5 years imprisonment or a fine of $10,000, or both, for anyone knowingly and willfully to submit or cause to be submitted to any Agency of the United States any false or fraudulent statement(s) to any matters within the Agency's jurisdiction.


</P>
</DIV8>


<DIV8 N="§ 581.6" NODE="30:2.0.3.5.10.1.277.7" TYPE="SECTION">
<HEAD>§ 581.6   Appeals.</HEAD>
<P>Any party adversely affected by a decision of a BOEM official made pursuant to the provisions of this part shall have the right of appeal pursuant to 30 CFR part 590, except as provided otherwise in § 581.21 of this part.


</P>
</DIV8>


<DIV8 N="§ 581.7" NODE="30:2.0.3.5.10.1.277.8" TYPE="SECTION">
<HEAD>§ 581.7   Disclosure of information to the public.</HEAD>
<P>The Secretary shall make data and information available to the public in accordance with the requirements and subject to the limitations of the Act, the Freedom of Information Act (5 U.S.C. 552), and the implementing regulations (30 CFR parts 580, 582, and 43 CFR part 2).


</P>
</DIV8>


<DIV8 N="§ 581.8" NODE="30:2.0.3.5.10.1.277.9" TYPE="SECTION">
<HEAD>§ 581.8   Rights to minerals.</HEAD>
<P>(a) Unless otherwise specified in the leasing notice, a lease for OCS minerals shall include rights to all minerals within the leased area except the following;
</P>
<P>(1) Minerals subject to rights granted by existing leases;
</P>
<P>(2) Oil;
</P>
<P>(3) Gas;
</P>
<P>(4) Sulphur;
</P>
<P>(5) Minerals produced in direct association with oil, gas, or sulphur;
</P>
<P>(6) Salt deposits which are identified in the leasing notice as being reserved;
</P>
<P>(7) Sand and gravel deposits which are identified in the leasing notice as being reserved; and
</P>
<P>(8) Source materials essential to production of fissionable materials which are reserved pursuant to section 12(a) of the Act.
</P>
<P>(b) When an OCS mineral lease issued under this part limits the minerals to which rights are granted, such lease shall include rights to minerals produced in direct association with the OCS mineral specified in the lease but not the rights to minerals specifically reserved.
</P>
<P>(c) The existence of an OCS mineral, oil and gas, or sulphur lease shall not preclude the issuance of a lease(s) for other OCS minerals in the same area. However, no OCS mineral lease shall authorize or permit the lessee thereunder to unreasonably interfere with or endanger operations under an existing OCS mineral, oil and gas, or sulphur lease.


</P>
</DIV8>


<DIV8 N="§ 581.9" NODE="30:2.0.3.5.10.1.277.10" TYPE="SECTION">
<HEAD>§ 581.9   Jurisdictional controversies.</HEAD>
<P>In the event of a controversy between the United States and a State as to whether certain lands are subject to Federal or State jurisdiction (43 U.S.C. 1336), either the Governor or the Secretary may initiate negotiations in an attempt to settle the jurisdictional controversy. With the concurrence of the Attorney General, the Secretary may enter into an agreement with a State with respect to OCS mineral activities under the Act or under State authority and to payment and impounding of rents, royalties, and other sums and with respect to the offering of lands for lease pending settlement of the controversy.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.10.2" TYPE="SUBPART">
<HEAD>Subpart B—Leasing Procedures</HEAD>


<DIV8 N="§ 581.11" NODE="30:2.0.3.5.10.2.277.1" TYPE="SECTION">
<HEAD>§ 581.11   Unsolicited request for a lease sale.</HEAD>
<P>(a) Any person may at any time request that OCS minerals be offered for lease. A request that OCS minerals be offered for lease shall be submitted to the Director and shall contain the following information:
</P>
<P>(1) The area to be offered for lease.
</P>
<P>(2) The OCS minerals of primary interest.
</P>
<P>(3) The available OCS mineral resource and environmental information pertaining to the area of interest to be offered for lease which supports the request.
</P>
<P>(b) Within 45 days after receipt of a request submitted under paragraph (a) of this section, the Director shall either initiate steps leading to the offer of OCS minerals for lease and notify the applicant of the action taken or inform the applicant of the reasons for not initiating steps leading to the offer of OCS minerals for lease.
</P>
<P>(c) Any interested party may at any time submit information to the Director concerning the scheduling of proposed lease sales of OCS minerals in any area of the OCS. Such information may include but not be limited to any of the following:
</P>
<P>(1) Benefits of conducting a lease sale in an area.
</P>
<P>(2) Costs of conducting a lease sale in an area.
</P>
<P>(3) Geohazards which could be encountered in an area.
</P>
<P>(4) Geological information about an area and mineral resource potential.
</P>
<P>(5) Environmental information about an area.
</P>
<P>(6) Information about known archaeological resources in an area.


</P>
</DIV8>


<DIV8 N="§ 581.12" NODE="30:2.0.3.5.10.2.277.2" TYPE="SECTION">
<HEAD>§ 581.12   Request for OCS mineral information and interest.</HEAD>
<P>(a) When considering whether to offer OCS minerals for lease, the Secretary, upon the Department of the Interior's own initiative or as a result of a submission under § 581.11, may request indications of interest in the leasing of a specific OCS mineral, a group of OCS minerals, or all OCS minerals in the area being considered for lease. Requests for information and interest shall be published in the <E T="04">Federal Register</E> and may be published elsewhere.
</P>
<P>(b) States and local governments, industry, other Federal Agencies, and all interested parties (including the public) may respond to a request for information and interest. All information provided to the Secretary will be considered in the decision whether to proceed with additional steps leading to the offering of OCS minerals for lease.
</P>
<P>(c) The Secretary may request specific information concerning the offering of a specific OCS mineral, a group of OCS minerals, or all OCS minerals in a broad area for lease or the offering of one or more discrete tracts which represent a minable orebody. The Secretary's request may ask for comments on OCS areas which have been determined to warrant special consideration and analysis. Requests may be for comments concerning geological conditions or archaeological resources on the seabed; multiple uses of the area proposed for leasing, including navigation, recreation and fisheries; and other socioeconomic, biological, and environmental information relating to the area proposed for leasing.


</P>
</DIV8>


<DIV8 N="§ 581.13" NODE="30:2.0.3.5.10.2.277.3" TYPE="SECTION">
<HEAD>§ 581.13   Joint State/Federal coordination.</HEAD>
<P>(a) The Secretary may invite the adjacent State Governor(s) to join in, or the adjacent State Governor(s) may request that the Secretary join in, the establishment of a State/Federal task force or some other joint planning or coordination arrangement when industry interest exists for OCS mineral leasing or geological information appears to support the leasing of OCS minerals in specific areas. Participation in joint State/Federal task forces or other arrangements will afford the adjacent State Governor(s) opportunity for access to available data and information about the area; knowledge of progress made in the leasing process and of the results of subsequent exploration and development activities; facilitate the resolution of issues of mutual interest; and provide a mechanism for planning, coordination, consultation, and other activities which the Secretary and the Governor(s) may identify as contributing to the leasing process.
</P>
<P>(b) State/Federal task forces or other such arrangements are to be constituted pursuant to such terms and conditions (consistent with Federal law and these regulations) as the Secretary and the adjacent State Governor(s) may agree.
</P>
<P>(c) State/Federal task forces or other such arrangements will provide a forum which the Secretary and adjacent State Governor(s) may use for planning, consultation, and coordination on concerns associated with the offering of OCS minerals other than oil, gas, or sulphur for lease.
</P>
<P>(d) With respect to the activities authorized under these regulations each State/Federal task force may make recommendations to the Secretary and adjacent State Governor(s) concerning:
</P>
<P>(1) The identification of areas in which OCS minerals might be offered for lease;
</P>
<P>(2) The potential for conflicts between the exploration and development of OCS mineral resources, other users and uses of the area, and means for resolution or mitigation of these conflicts;
</P>
<P>(3) The economic feasibility of developing OCS mineral resources in the area proposed for leasing;
</P>
<P>(4) Potential environmental problems and measures that might be taken to mitigate these problems;
</P>
<P>(5) Development of guidelines and procedures for safe, environmentally responsible exploration and development practices; and
</P>
<P>(6) Other issues of concern to the Secretary and adjacent State Governor(s).
</P>
<P>(e) State/Federal task forces or other such arrangements might also be used to conduct or oversee research, studies, or reports (e.g., Environmental Impact Statements).


</P>
</DIV8>


<DIV8 N="§ 581.14" NODE="30:2.0.3.5.10.2.277.4" TYPE="SECTION">
<HEAD>§ 581.14   OCS mining area identification.</HEAD>
<P>The Secretary, after considering the available OCS mineral resources and environmental data and information, the recommendation of any joint State/Federal task force established pursuant to § 581.13 of this part, and the comments received from interested parties, shall select the tracts to be considered for offering for lease. The selected tracts will be considered in the environmental analysis conducted for the proposed lease offering.


</P>
</DIV8>


<DIV8 N="§ 581.15" NODE="30:2.0.3.5.10.2.277.5" TYPE="SECTION">
<HEAD>§ 581.15   Tract size.</HEAD>
<P>The size of the tracts to be offered for lease shall be as determined by the Secretary and specified in the leasing notice. It is intended that tracts offered for lease be sufficiently large to include potentially minable OCS mineral orebodies. When the presence of any minable orebody is unknown and additional prospecting is needed to discover and delineate OCS minerals, the size of tracts specified in the leasing notice may be relatively large.


</P>
</DIV8>


<DIV8 N="§ 581.16" NODE="30:2.0.3.5.10.2.277.6" TYPE="SECTION">
<HEAD>§ 581.16   Proposed leasing notice.</HEAD>
<P>(a) Prior to offering OCS minerals in an area for lease, the Director shall assess the available information including recommendations of any joint State/Federal task force established pursuant to § 581.13 of this part to determine lease sale procedures to be prescribed and to develop a proposed leasing notice which sets out the proposed primary term of the OCS mineral leases to be offered; lease stipulations including measures to mitigate potentially adverse impacts on the environment; and such rental, royalty, and other terms and conditions as the Secretary may prescribe in the leasing notice.
</P>
<P>(b) The proposed leasing notice shall be sent to the Governor(s) of any adjacent State(s), and a Notice of its availability shall be published in the <E T="04">Federal Register</E> at least 60 days prior to the publication of the leasing notice.
</P>
<P>(c) Written comments of the adjacent State Governor(s) submitted within 60 days after publication of the Notice of Availability of the proposed leasing notice shall be considered by the Secretary.
</P>
<P>(d) Prior to publication of the leasing notice, the Secretary shall respond in writing to the comments of the adjacent State Governor(s) stating the reasons for accepting or rejecting the Governor's recommendations, or for implementing any alternative mutually acceptable approach identified in consultation with the Governor(s) as a means to provide a reasonable balance between the National interest and the well being of the citizens of the adjacent State.


</P>
</DIV8>


<DIV8 N="§ 581.17" NODE="30:2.0.3.5.10.2.277.7" TYPE="SECTION">
<HEAD>§ 581.17   Leasing notice.</HEAD>
<P>(a) The Director shall publish the leasing notice in the <E T="04">Federal Register</E> at least 30 days prior to the date that OCS minerals will be offered for lease. The leasing notice shall state whether oral or sealed bids or a combination thereof will be used; the place, date, and time at which sealed bids shall be filed; and the place, date, and time at which sealed bids shall be opened and/or oral bids received. The leasing notice shall contain or reference a description of the tract(s) to be offered for lease; specify the mineral(s) to be offered for lease (if less than all OCS minerals are being offered); specify the period of time the primary term of the lease shall cover; and any stipulation(s), term(s), and condition(s) of the offer to lease (43 U.S.C. 1337(k)).
</P>
<P>(b) The leasing notice shall contain a reference to the OCS minerals lease form which shall be issued to successful bidders.
</P>
<P>(c) The leasing notice shall specify the terms and conditions governing the payment of the winning bid.


</P>
</DIV8>


<DIV8 N="§ 581.18" NODE="30:2.0.3.5.10.2.277.8" TYPE="SECTION">
<HEAD>§ 581.18   Bidding system.</HEAD>
<P>(a) The OCS minerals shall be offered by competitive, cash bonus bidding under terms and conditions specified in the leasing notice and in accordance with all applicable laws and regulations.
</P>
<P>(b)(1) When the leasing notice specifies the use of sealed bids, such bids received in response to the leasing notice shall be opened at the place, date, and time specified in the leasing notice. The sole purpose of opening bids is to publicly announce and record the bids received, and no bids shall be accepted or rejected at that time.
</P>
<P>(2) The Secretary reserves the right to reject any and all sealed bids received for any tract, regardless of the amount offered.
</P>
<P>(3) In the event the highest bids are tie bids when using sealed bidding procedures, the tied bidders may be permitted to submit oral bids to determine the highest cash bonus bidder.
</P>
<P>(c)(1) When the leasing notice specifies the use of oral bids, oral bids shall be received at the place, time, and date and in accordance with the procedures specified in the leasing notice.
</P>
<P>(2) The Secretary reserves the right to reject all oral bids received for any tract, regardless of the amount offered.
</P>
<P>(d) When the leasing notice specifies the use of deferred cash bonus bidding, bids shall be received in accordance with paragraph (b) or (c) of this section, as appropriate. The high bid will be determined based upon the net present value of each total bid. The appropriate discount rate will be specified in the leasing notice. High bidders using the deferred bonus option shall pay a minimum of 20 percent of the cash bonus bid prior to lease issuance. At least a total of 60 percent of the cash bonus bid shall be due on or before the 5th anniversary of the lease, and payment of the remainder of the cash bonus bid shall be due on the 10th anniversary of the lease. The lessee shall submit a bond guaranteeing payment of the deferred portion of the bonus, in accordance with § 581.33.


</P>
</DIV8>


<DIV8 N="§ 581.19" NODE="30:2.0.3.5.10.2.277.9" TYPE="SECTION">
<HEAD>§ 581.19   Lease term.</HEAD>
<P>An OCS mineral lease for OCS minerals other than sand and gravel shall be for a primary term of not less than 20 years as stipulated in the leasing notice. The primary lease term for each OCS mineral shall be determined based on exploration and development requirements for the OCS minerals being offered by the Secretary. An OCS mineral lease for sand and gravel shall be for a primary term of 10 years unless otherwise stipulated in the leasing notice. A lease will continue beyond the specified primary term for so long thereafter as leased OCS minerals are being produced in accordance with an approved mining operation or the lessee is otherwise in compliance with provisions of the lease and the regulations in this chapter under which a lessee can earn continuance of the OCS mineral lease in effect.


</P>
</DIV8>


<DIV8 N="§ 581.20" NODE="30:2.0.3.5.10.2.277.10" TYPE="SECTION">
<HEAD>§ 581.20   Submission of bids.</HEAD>
<P>(a) If the bidder is an individual, a statement of citizenship shall accompany the bid.
</P>
<P>(b) If the bidder is an association (including a partnership), the bid shall be accompanied by a certified statement indicating the State in which it is registered and that the association is authorized to hold mineral leases on the OCS, or appropriate reference to statements or records previously submitted to a BOEM OCS office (including material submitted in compliance with prior regulations).
</P>
<P>(c) If the bidder is a corporation, the bid shall be accompanied by the following information:
</P>
<P>(1) Either a statement certified by the corporate Secretary or Assistant Secretary over the corporate seal showing the State in which it was incorporated and that it is authorized to hold mineral leases on the OCS or appropriate reference to statements or record previously submitted to a BOEM OCS office (including material submitted in compliance with prior regulations).
</P>
<P>(2) Evidence of authority of persons signing to bind the corporation. Such evidence may be in the form of a certified copy of either the minutes of the board of directors or of the bylaws indicating that the person signing has authority to do so, or a certificate to that effect signed by the Secretary or Assistant Secretary of the corporation over the corporate seal, or appropriate reference to statements or records previously submitted to a BOEM OCS office (including material submitted in compliance with prior regulations). Bidders are advised to keep their filings current.
</P>
<P>(3) The bid shall be executed in conformance with corporate requirements.
</P>
<P>(d) Bidders should be aware of the provisions of 18 U.S.C. 1860, which prohibits unlawful combination or intimidation of bidders.
</P>
<P>(e) When sealed bidding is specified in the leasing notice, a separate sealed bid shall be submitted for each bid unit that is bid upon as described in the leasing notice. A bid may not be submitted for less than a bidding unit identified in the leasing notice.
</P>
<P>(f) When oral bidding is specified in the leasing notice, information which must accompany a bid pursuant to paragraph (a), (b), or (c) of this section, shall be presented to BOEM at the lease sale prior to the offering of an oral bid.


</P>
</DIV8>


<DIV8 N="§ 581.21" NODE="30:2.0.3.5.10.2.277.11" TYPE="SECTION">
<HEAD>§ 581.21   Award of leases.</HEAD>
<P>(a)(1) The decision of the Director on bids shall be the final action of the Department, subject only to reconsideration by the Secretary, pursuant to a written request in accordance with paragraph (a)(2) of this section. The delegation of review authority to the Office of Hearings and Appeals shall not be applicable to decisions on high bids for leases in the OCS.
</P>
<P>(2) Any bidder whose bid is rejected by the Director may file a written request for reconsideration with the Secretary within 15 days of notice of rejection, accompanied by a statement of reasons with a copy to the Director. The Secretary shall respond in writing either affirming or reversing the decision.
</P>
<P>(b) Written notice of the Director's action in accepting or rejecting bids shall be transmitted promptly to those bidders whose deposits have been held. If a bid is accepted, such notice shall transmit three copies of the lease form to the successful bidder. As provided in § 581.26 of this part, the bidder shall, not later than the 10th business day after receipt of the lease, execute the lease, pay the first year's rental, and unless payment of a portion of the bid is deferred, pay the balance of the bonus bid. When payment of a portion of the bid is deferred, the successful bidder shall also file a bond to guarantee payment of the deferred portion as required in § 581.33. Deposits shall be refunded on high bids subsequently rejected. When three copies of the lease have been executed by the successful bidder and returned to the Director, the lease shall be executed on behalf of the United States; and one fully executed copy shall be transmitted to the successful bidder.
</P>
<P>(c) If the successful bidder fails to execute the lease within the prescribed time or to otherwise comply with the applicable regulations, the successful bidder's deposit shall be forfeited and disposed of in the same manner as other receipts under the Act.
</P>
<P>(d) If, before the lease is executed on behalf of the United States, the land which would be subject to the lease is withdrawn or restricted from leasing, the deposit shall be refunded.
</P>
<P>(e) If the awarded lease is executed by an agent acting on behalf of the bidder, the bidder shall submit with the executed lease, evidence that the agent is authorized to act on behalf of the bidder.


</P>
</DIV8>


<DIV8 N="§ 581.22" NODE="30:2.0.3.5.10.2.277.12" TYPE="SECTION">
<HEAD>§ 581.22   Lease form.</HEAD>
<P>The OCS mineral leases shall be issued on the lease form prescribed by the Secretary in the leasing notice.


</P>
</DIV8>


<DIV8 N="§ 581.23" NODE="30:2.0.3.5.10.2.277.13" TYPE="SECTION">
<HEAD>§ 581.23   Effective date of leases.</HEAD>
<P>Leases issued under the regulations in this part shall be dated and become effective as of the first day of the month following the date leases are signed on behalf of the lessor except that, upon written request, a lease may be dated and become effective as of the first day of the month within which it is signed on behalf of the lessor.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.10.3" TYPE="SUBPART">
<HEAD>Subpart C—Financial Considerations</HEAD>


<DIV8 N="§ 581.26" NODE="30:2.0.3.5.10.3.277.1" TYPE="SECTION">
<HEAD>§ 581.26   Payments.</HEAD>
<P>(a) For sealed bids, a bonus bid deposit of a specified percentage of the total amount bid is required to be submitted with the bid. The percentage of bonus bid required to be deposited will be specified in the leasing notice. The remittance may be made in cash or by Federal Reserve check, commercial check, bank draft, money order, certified check, or cashier's check made payable to “Department of the Interior—BOEM.” Payment of this portion of the bonus bid may not be made by Electronic Funds Transfer.
</P>
<P>(b) For oral bids, a bonus bid deposit of a specified percentage of the total amount bid must be submitted to the official designated in the leasing notice following the completion of the oral bidding. The percentage of bonus bid required to be deposited will be specified in the leasing notice. Payment of this portion of the bonus bid must be made by Electronic Fund Transfer within the timeframe specified in the leasing notice.
</P>
<P>(c) The deposit received from high bidders will be placed in a Treasury account pending acceptance or rejection of the bid. Other bids submitted under paragraph (a) of this section will be returned to the bidders. If the high bid is subsequently rejected, an amount equal to that deposited with the high bid will be returned according to applicable regulations.
</P>
<P>(d) The balance of the winning bonus bid and all rentals and royalties must be paid in accordance with the terms and conditions of this part, the Leasing Notice, and subchapter A of this chapter.
</P>
<P>(e) For each lease issued pursuant to this subpart, there shall be one person identified who shall be solely responsible for all payments due and payable under the provisions of the lease. The single responsible person shall be designated as the payor for the lease and shall be so identified on the Solid Minerals Production and Royalty Report (P&amp;R) (Form ONRR-4430) in accordance with 30 CFR 1210.201 of this title. The designated person shall be responsible for all bonus, rental, and royalty payments.
</P>
<P>(f) Royalty shall be computed at the rate specified in the leasing notice, and paid in value unless the Secretary elects to have the royalty delivered in kind.
</P>
<P>(g) For leases which provide for minimum royalty payments, each lessee shall pay the minimum royalty specified in the lease at the end of each lease year beginning with the lease year in which production royalty is paid (whether the full amount specified in the lease or 
<FR>1/2</FR> the amount specified in the lease pursuant to § 581.28(b) on this part) of OCS minerals produced (sold, transferred, used, or otherwise disposed of) from the leasehold.
</P>
<P>(h)(1) Unless stated otherwise in the lease, product valuation will be in accordance with the regulations in part 1206 of chapter XII. The value used in the computation of royalty shall be determined by the Director of the Office of Natural Resources Revenue. The value, for royalty purposes, shall be the gross proceeds received by the lessee for produced substances at the point the product is produced and placed in its first marketable condition, consistent with prevailing practices in the industry. In establishing the value, the Director shall consider, in this order:
</P>
<P>(i) The price received by the lessee;
</P>
<P>(ii) Commodity and spot market transactions;
</P>
<P>(iii) Any other valuation method proposed by the lessee and approved by the Director; and
</P>
<P>(iv) Value or cost netback.
</P>
<P>(2) For non-arm's length transactions, the first benchmark will only be accepted if it is not less than the second benchmark.
</P>
<P>(i) All payors must submit payments and payment forms and maintain auditable records in accordance with 30 CFR chapter XII, Subchapter A—Natural Resources Revenue.


</P>
</DIV8>


<DIV8 N="§ 581.27" NODE="30:2.0.3.5.10.3.277.2" TYPE="SECTION">
<HEAD>§ 581.27   Annual rental.</HEAD>
<P>(a) The annual lease rental shall be due and payable in accordance with the provisions of this section. No rental shall be due or payable under a lease commencing with the first lease anniversary date following the commencement of royalty payments on leasehold production computed on the basis of the royalty rate specified in the lease except that annual rental shall be due for any year in which production from the leasehold is not subject to royalty pursuant to § 581.28.
</P>
<P>(b) Unless otherwise specified in the leasing notice and subsequently issued lease, no annual rental payment shall be due during the first 5 years in the life of a lease.
</P>
<P>(c) The leasee shall pay an annual rental in the amount specified in the leasing notice and subsequently issued lease not later than the last day prior to the commencement of the rental year.
</P>
<P>(d) A rental adjustment schedule and amount may be specified in a leasing notice and subsequently issued lease when a variance is warranted by geologic, geographic, technical, or economic conditions.


</P>
</DIV8>


<DIV8 N="§ 581.28" NODE="30:2.0.3.5.10.3.277.3" TYPE="SECTION">
<HEAD>§ 581.28   Royalty.</HEAD>
<P>(a) The royalty due the lessor on OCS minerals produced (<I>i.e.,</I> sold, transferred, used, or otherwise disposed of) from a lease shall be set out in a separate schedule attached to and made a part of each lease and shall be as specified in the leasing notice. The royalty due on production shall be based on a percentage of the value or amount of the OCS mineral(s) produced, a sum assessed per unit of product, or other such method as the Secretary may prescribe in the leasing notice. When the royalty specified is a sum assessed per unit of product, the amount of the royalty shall be subject to an annual adjustment based on changes in the appropriate price index, when specified in the leasing notice. When the royalty is specified as a percentage of the value or amount of the OCS minerals produced, the Secretary will notify the lessee when and where royalty is to be delivered in kind. Unless stated otherwise in the lease, product valuation will be in accordance with the regulations in part 1206 of chapter XII. The value used in the computation of royalty shall be determined by the Director of the Office of Natural Resources Revenue.
</P>
<P>(b) When prescribed in the leasing notice and subsequently issued lease, royalty due on OCS minerals produced from a leasehold will be reduced for up to any 5 consecutive years, as specified by the lessee prior to the commencement of production, during the 1st through 15th year in the life of the lease. No royalty shall be due in any year of the specified 5-year period that occurs during the 1st through 10th years in the life of the lease, and a royalty of one-half the amount specified in the lease shall be due in any year of the specified 5-year period that occurs in the 11th through 15th year in the life of the lease. The lessee shall pay the amount specified in the lease rental for any royalty free year. The minimum royalty specified in the lease shall apply during any year of reduced royalty.


</P>
</DIV8>


<DIV8 N="§ 581.29" NODE="30:2.0.3.5.10.3.277.4" TYPE="SECTION">
<HEAD>§ 581.29   Royalty valuation.</HEAD>
<P>Unless stated otherwise in the leasing notice and subsequently issued lease, product valuation will be in accordance with the regulations in part 1206 of chapter XII. The value used in the computation of royalty shall be determined by the Director of the Office of Natural Resources Revenue.


</P>
</DIV8>


<DIV8 N="§ 581.30" NODE="30:2.0.3.5.10.3.277.5" TYPE="SECTION">
<HEAD>§ 581.30   Minimum royalty.</HEAD>
<P>Unless otherwise specified in the leasing notice, each lease issued pursuant to the regulations in this part shall require the payment of a specified minimum annual royalty beginning with the year in which OCS minerals are produced (sold, transferred, used, or otherwise disposed of) from the leasehold except that the annual rentals shall apply during any year that royalty free production is in effect pursuant to § 581.28(b). Minimum royalty payments shall be offset by royalty paid on production during the lease year. Minimum royalty payments are due at the beginning of the lease year and payable by the end of the month following the end of the lease year for which they are due.


</P>
</DIV8>


<DIV8 N="§ 581.31" NODE="30:2.0.3.5.10.3.277.6" TYPE="SECTION">
<HEAD>§ 581.31   Overriding royalties.</HEAD>
<P>(a) Subject to the approval of the Secretary, an overriding royalty interest may be created by an assignment pursuant to section 8(e) of the Act. The Secretary may deny approval of an assignment which creates an overriding royalty on a lease whenever that denial is determined to be in the interest of conservation, necessary to prevent premature abandonment of a producing mine, or to make possible the mining of economically marginal or low-grade ore deposits. In any case, the total of applicable overriding royalties may not exceed 2.5 percent or one-half the base royalty due the Federal Government, whichever is less.
</P>
<P>(b) No transfer or agreement may be made which creates an overriding royalty interest unless the owner of that interest files an agreement in writing that such interest is subject to the limitations provided in § 581.30 of this part, paragraph (a) of this section, and § 581.32 of this part.


</P>
</DIV8>


<DIV8 N="§ 581.32" NODE="30:2.0.3.5.10.3.277.7" TYPE="SECTION">
<HEAD>§ 581.32   Waiver, suspension, or reduction of rental, minimum royalty, or production royalty.</HEAD>
<P>(a) The Secretary may waive, suspend, or reduce the rental, minimum royalty, and/or production royalty prescribed in a lease for a specified time period when the Secretary determines that it is in the National interest, it will result in the conservation of natural resources of the OCS, it will promote development, or the mine cannot be successfully operated under existing conditions.
</P>
<P>(b) An application for waiver, suspension, or reduction of rental, minimum royalty, or production royalty under paragraph (a) of this section shall be filed in duplicate with the Director. The application shall contain the serial number(s) of the lease(s), the name of the lessee(s) of record, and the operator(s) if applicable. The application shall either:
</P>
<P>(1)(i) Show the location and extent of all mining operations and a tabulated statement of the minerals mined and subject to royalty for each of the last 12 months immediately prior to filing the application:
</P>
<P>(ii) Contain a detailed statement of expenses and costs of operating the lease, the income from the sale of any lease products, and the amount of all overriding royalties and payments out of production paid to others than the United States; and
</P>
<P>(iii) All facts showing whether or not the mine(s) can be successfully operated under the royalty fixed in the lease; or
</P>
<P>(2) If no production has occurred from the lease, show that the lease cannot be successfully operated under the rental, royalty, and other conditions specified in the lease.
</P>
<P>(c) The applicant for a waiver, suspension, or reduction under this section shall file documentation that the lessee and the royalty holders agree to a reduction of all other royalties from the lease so that the aggregate of all other royalties does not exceed one-half the amount of the reduced royalties that would be paid to the United States.


</P>
</DIV8>


<DIV8 N="§ 581.33" NODE="30:2.0.3.5.10.3.277.8" TYPE="SECTION">
<HEAD>§ 581.33   Bonds and bonding requirements.</HEAD>
<P>(a) When the leasing notice specifies that payment of a portion of the bonus bid can be deferred, the lessee shall be required to submit a surety or personal bond to guarantee payment of a deferred portion of the bid. Upon the payment of the full amount of the cash bonus bid, the lessee's bond will be released.
</P>
<P>(b) All bonds to guarantee payment of the deferred portion of the high cash bonus bid furnished by the lessee must be in a form or on a form approved by the Deputy Director. A single copy of the required form is to be executed by the principal or, in the case of surety bonds, by both the principal and an acceptable surety.
</P>
<P>(1) Only those surety bonds issued by qualified surety companies approved by the Department of the Treasury shall be accepted (see Department of the Treasury Circular No. 570 and any supplemental or replacement circulars).
</P>
<P>(2) Personal bonds shall be accompanied by a cashier's check, certified check, or negotiable U.S. Treasury bonds of an equal value to the amount specified in the bond. Negotiable Treasury bonds shall be accompanied by a proper conveyance of full authority to the Director to sell such securities in case of default in the performance of the terms and conditions of the lease.
</P>
<P>(c) Prior to the commencement of any activity on a lease(s), the lessee shall submit a surety or personal bond as described in § 582.40 of this title. Prior to the approval of a Delineation, Testing, or Mining Plan, the bond amount shall be adjusted, if appropriate, to cover the operations and activities described in the proposed plan.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57098, Sept. 22, 2015]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.3.5.10.4" TYPE="SUBPART">
<HEAD>Subpart D—Assignments and Lease Extensions</HEAD>


<DIV8 N="§ 581.40" NODE="30:2.0.3.5.10.4.277.1" TYPE="SECTION">
<HEAD>§ 581.40   Assignment of leases or interests therein.</HEAD>
<P>(a) Subject to the approval of the Secretary, a lease may be assigned, in whole or in part, pursuant to section 8(e) of the Act to anyone qualified to hold a lease.
</P>
<P>(b) Any approved assignment shall be deemed to be effective on the first day of the lease month following the date that it is submitted to the Director for approval unless by written request the parties request that the effective date be the first of the month in which the Director approves the assignment.
</P>
<P>(c) The assignor shall be liable for all obligations under the lease occurring prior to the effective date of an assignment.
</P>
<P>(d) The assignee shall be liable for all obligations under the lease occurring on or after the effective date of an assignment and shall comply with all terms and conditions of the lease and applicable regulations issued under the Act.


</P>
</DIV8>


<DIV8 N="§ 581.41" NODE="30:2.0.3.5.10.4.277.2" TYPE="SECTION">
<HEAD>§ 581.41   Requirements for filing for transfers.</HEAD>
<P>(a)(1) All instruments of transfer of a lease or of an interest therein including subleases and assignments of record interest shall be filed in triplicate for approval within 90 days from the date of final execution. They shall include a statement over the transferee's own signature with respect to citizenship and qualifications similar to that required of a lessee and shall contain all of the terms and conditions agreed upon by the parties thereto.
</P>
<P>(2) An application for approval of any instrument required to be filed will not be accepted unless a nonrefundable fee of $50 is paid electronically through <I>Pay.gov</I> at: <I>https://www.pay.gov/paygov/</I> and a copy of the <I>Pay.gov</I> confirmation receipt page is included with your application. For any document you are not required to file by these regulations but which you submit for record purposes, you must also pay electronically through <I>Pay.gov</I> a nonrefundable fee of $50 per lease affected, and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your document. Such documents may be rejected at the discretion of the authorized officer.
</P>
<P>(b) An attorney in fact signing on behalf of the holder of a lease or sublease, shall furnish evidence of authority to execute the assignment or application for approval and the statement required by § 581.20 of this part.
</P>
<P>(c) Where an assignment creates separate leases, a bond shall be furnished for each of the resulting leases in the amount prescribed in § 582.40 of this title. Where an assignment does not create separate leases, the assignee, if the assignment so provides and the surety consents, may become a joint principal on the bond with the assignor.
</P>
<P>(d) An heir or devisee of a deceased holder of a lease or any interest therein shall be recognized as the lawful successor to such lease or interest if evidence of status as an heir or devisee is furnished in the form of:
</P>
<P>(1) A certified copy of an appropriate order or decree of the court having jurisdiction over the distribution of the estate, or
</P>
<P>(2) If no court action is necessary, the statement of two disinterested persons having knowledge of the fact or a certified copy of the will.
</P>
<P>(e) The heirs or devisee shall file statements that they are the persons named as successors to the estate with evidence of their qualifications to hold such lease or interest therein.
</P>
<P>(f) In the event an heir or devisee is unable to qualify to hold the lease or interest, the heir or devisee shall be recognized as the lawful successor of the deceased and be entitled to hold the lease for a period not to exceed 2 years from the date of death of the predecessor in interest.
</P>
<P>(g) Each obligation under any lease and under the regulations in this part shall inure to the heirs, executors, administrators, successors, or assignees of the lease.


</P>
</DIV8>


<DIV8 N="§ 581.42" NODE="30:2.0.3.5.10.4.277.3" TYPE="SECTION">
<HEAD>§ 581.42   Effect of assignment on particular lease.</HEAD>
<P>(a) When an assignment is made of all the record title to a portion of the acreage in a lease, the assigned and retained portions of the lease area become segregated into separate and distinct leases. In such a case, the assignee becomes a lessee of the Government as to the segregated tract that is the subject of the assignment and is bound by the terms of the lease as though the lease had been obtained from the United States in the assignee's own name, and the assignment, after its approval, shall be the basis of a new record. Royalty, minimum royalty, and annual rental provisions of the lease shall apply separately to each segregated portion.
</P>
<P>(b) Each lease of an OCS mineral created by the segregation of a lease under paragraph (a) of this section shall continue in full force and effect for the remainder of the primary term of the original lease and so long thereafter as minerals are produced from the portion of the lease created by segregation in accordance with operations approved by the Director or the lessee is otherwise in compliance with provisions of the lease or regulations for earning the continuation of the lease in effect.


</P>
</DIV8>


<DIV8 N="§ 581.43" NODE="30:2.0.3.5.10.4.277.4" TYPE="SECTION">
<HEAD>§ 581.43   Effect of suspensions on lease term.</HEAD>
<P>(a) If the BSEE Director orders the suspension of either operations or production, or both, with respect to any lease in its primary term, the primary term of the lease shall be extended by a period of time equivalent to the period of the directed suspension.
</P>
<P>(b) If the BSEE Director orders or approves the suspension of either operations or production, or both, with respect to any lease that is in force beyond its primary term, the term of the lease shall not be deemed to expire so long as the suspension remains in effect.


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:2.0.3.5.10.5" TYPE="SUBPART">
<HEAD>Subpart E—Termination of Leases</HEAD>


<DIV8 N="§ 581.46" NODE="30:2.0.3.5.10.5.277.1" TYPE="SECTION">
<HEAD>§ 581.46   Relinquishment of leases or parts of leases.</HEAD>
<P>(a) A lease or any part thereof may be surrendered by the record title holder by filing a written relinquishment with the Director. A relinquishment shall take effect on the date it is filed subject to the continued obligation of the lessee and the surety to:
</P>
<P>(1) Make all payments due, including any accrued rentals and royalties; and
</P>
<P>(2) Abandon all operations, remove all facilities, and clear the land to be relinquished to the satisfaction of the Director.
</P>
<P>(b) Upon relinquishment of a lease, the data and information submitted under the lease will no longer be held confidential and will be available to the public.


</P>
</DIV8>


<DIV8 N="§ 581.47" NODE="30:2.0.3.5.10.5.277.2" TYPE="SECTION">
<HEAD>§ 581.47   Cancellation of leases.</HEAD>
<P>(a) Whenever the owner of a nonproducing lease fails to comply with any of the provisions of the Act, the lease, or the regulations issued under the Act, and the default continues for a period of 30 days after mailing of notice by registered or certified letter to the lease owner at the owner's record post office address, the Secretary may cancel the lease pursuant to section 5(c) of the Act, and the lessee shall not be entitled to compensation. Any such cancellation is subject to judicial review as provided by section 23(b) of the Act.
</P>
<P>(b) Whenever the owner of any producing lease fails to comply with any of the provisions of the Act, the lease, or the regulations issued under the Act, the Secretary may cancel the lease only after judicial proceedings pursuant to section 5(d) of the Act, and the lessee shall not be entitled to compensation.
</P>
<P>(c) Any lease issued under the Act, whether producing or not, may be canceled by the Secretary upon proof that it was obtained by fraud or misrepresentation and after notice and opportunity to be heard has been afforded to the lessee.
</P>
<P>(d) The Secretary may cancel a lease in accordance with the following:
</P>
<P>(1) Cancellation may occur at any time if the Secretary determines after a hearing that:
</P>
<P>(i) Continued activity pursuant to such lease would probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any mineral (in areas leased or not leased), to the National security or defense, or to the marine, coastal, or human environment;
</P>
<P>(ii) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and
</P>
<P>(iii) The advantages of cancellation outweigh the advantages of continuing such lease in force;
</P>
<P>(2) Cancellation shall not occur unless and until operations under such lease shall have been under suspension or temporary prohibition by the Secretary, with due extension of any lease term continuously for a period of 5 years, or for a lesser period upon request of the lessee; and
</P>
<P>(3) Cancellation shall entitle the lessee to receive such compensation as is shown to the Secretary as being equal to the lesser of:
</P>
<P>(i) The fair value of the canceled rights as of the date of cancellation, taking into account both anticipated revenues from the lease and anticipated costs, including costs of compliance with all applicable regulations and operating orders, liability for cleanup costs or damages, or both, and all other costs reasonably anticipated on the lease, or
</P>
<P>(ii) The excess, if any, over the lessee's revenues from the lease (plus interest thereon from the date of receipt to date of reimbursement) of all consideration paid for the lease and all direct expenditures made by the lessee after the date of issuance of such lease and in connection with exploration or development, or both, pursuant to the lease (plus interest on such consideration and such expenditures from date of payment to date of reimbursement), except that in the case of joint leases which are canceled due to the failure of one or more partners to exercise due diligence, the innocent parties shall have the right to seek damages for such loss from the responsible party or parties and the right to acquire the interests of the negligent party or parties and be issued the lease in question.
</P>
<P>(iii) The lessee shall not be entitled to compensation where one of the following circumstances exists when a lease is canceled:
</P>
<P>(A) A producing lease is forfeited or is canceled pursuant to section (5)(d) of the Act;
</P>
<P>(B) A Testing Plan or Mining Plan is disapproved because of the lessee's failure to demonstrate compliance with the requirements of applicable Federal Law; or
</P>
<P>(C) The lessee(s) of a nonproducing lease fails to comply with a provision of the Act, the lease, or regulations issued under the Act, and the noncompliance continues for a period of 30 days or more after the mailing of a notice of noncompliance by registered or certified letter to the lessee(s).


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="582" NODE="30:2.0.3.5.11" TYPE="PART">
<HEAD>PART 582—OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 <I>et seq.,</I> 43 U.S.C. 1337.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.11.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 582.0" NODE="30:2.0.3.5.11.1.277.1" TYPE="SECTION">
<HEAD>§ 582.0   Authority for information collection.</HEAD>
<P>The information collection requirements in this part have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1010-0081. The information is being collected to inform the Bureau of Ocean Energy Management (BOEM) of general mining operations in the Outer Continental Shelf (OCS). The information will be used to ensure that operations are conducted in a safe and environmentally responsible manner in compliance with governing laws and regulations. The requirement to respond is mandatory.


</P>
</DIV8>


<DIV8 N="§ 582.1" NODE="30:2.0.3.5.11.1.277.2" TYPE="SECTION">
<HEAD>§ 582.1   Purpose and authority.</HEAD>
<P>(a) The Act authorizes the Secretary to prescribe such rules and regulations as may be necessary to carry out the provisions of the Act (43 U.S.C. 1334). The Secretary is authorized to prescribe and amend regulations that the Secretary determines to be necessary and proper in order to provide for the prevention of waste, conservation of the natural resources of the OCS, and the protection of correlative rights therein. In the enforcement of safety, environmental, and conservation laws and regulations, the Secretary is authorized to cooperate with adjacent States and other Departments and Agencies of the Federal Government.
</P>
<P>(b) Subject to the supervisory authority of the Secretary, and unless otherwise specified, the regulations in this part shall be administered by the Director of BOEM.


</P>
</DIV8>


<DIV8 N="§ 582.2" NODE="30:2.0.3.5.11.1.277.3" TYPE="SECTION">
<HEAD>§ 582.2   Scope.</HEAD>
<P>The rules and regulations in this part apply as of their effective date to all operations conducted under a mineral lease for OCS minerals other than oil, gas, or sulphur issued under the provisions of section 8(k) of the Act.


</P>
</DIV8>


<DIV8 N="§ 582.3" NODE="30:2.0.3.5.11.1.277.4" TYPE="SECTION">
<HEAD>§ 582.3   Definitions.</HEAD>
<P>When used in this part, the following terms shall have the meaning given below:
</P>
<P><I>Act</I> means the OCS Lands Act, as amended (43 U.S.C. 1331 <I>et seq.</I>).
</P>
<P><I>Adjacent State</I> means with respect to any activity proposed, conducted, or approved under this part, any coastal State:
</P>
<P>(1) That is, or is proposed to be, receiving for processing, refining, or transshipment OCS mineral resources commercially recovered from the seabed;
</P>
<P>(2) That is used, or is scheduled to be used, as a support base for prospecting, exploration, testing, or mining activities; or
</P>
<P>(3) In which there is a reasonable probability of significant effect on land or water uses from such activity.
</P>
<P><I>Contingency Plan</I> means a plan for action to be taken in emergency situations.
</P>
<P><I>Data</I> means geological and geophysical (G&amp;G) facts and statistics or samples which have not been analyzed, processed, or interpreted.
</P>
<P><I>Development</I> means those activities which take place following the discovery of minerals in paying quantities including geophysical activities, drilling, construction of offshore facilities, and operation of all onshore support facilities, which are for the purpose of ultimately producing the minerals discovered.
</P>
<P><I>Director</I> means the Director of BOEM of the U.S. Department of the Interior or an official authorized to act on the Director's behalf.
</P>
<P><I>Exploration</I> means the process of searching for minerals on a lease including:
</P>
<P>(1) Geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of minerals;
</P>
<P>(2) Any drilling including the drilling of a borehole in which the discovery of a mineral other than oil, gas, or sulphur is made and the drilling of any additional boreholes needed to delineate any mineral deposits; and
</P>
<P>(3) The taking of sample portions of a mineral deposit to enable the lessee to determine whether to proceed with development and production.
</P>
<P><I>Geological sample</I> means a collected portion of the seabed, the subseabed, or the overlying waters (when obtained for geochemical analysis) acquired while conducting postlease mining activities.
</P>
<P><I>Governor</I> means the Governor of a State or the person or entity designated by, or pursuant to, State law to exercise the power granted to a Governor.
</P>
<P><I>Information</I> means G&amp;G data that have been analyzed, processed, or interpreted.
</P>
<P><I>Lease</I> means one of the following, whichever is required by the context: Any form of authorization which is issued under section 8 or maintained under section 6 of the Acts and which authorizes exploration for, and development and production of, specific minerals; or the area covered by that authorization.
</P>
<P><I>Lessee</I> means the person authorized by a lease, or an approved assignment thereof, to explore for and develop and produce the leased deposits in accordance with the regulations in this chapter. The term includes all parties holding that authority by or through the lessee.
</P>
<P><I>Major Federal action</I> means any action or proposal by the Secretary which is subject to the provisions of section 102(2)(C) of the National Environmental Policy Act (NEPA) (<I>i.e.,</I> an action which will have a significant impact on the quality of the human environment requiring preparation of an Environmental Impact Statement (EIS) pursuant to section 102(2)(C) of NEPA).
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the marine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the OCS.
</P>
<P><I>Minerals</I> include oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from “public lands” as defined in section 103 of the Federal Land Policy and Management Act of 1976.
</P>
<P><I>OCS mineral</I> means any mineral deposit or accretion found on or below the surface of the seabed but does not include oil, gas, or sulphur; salt or sand and gravel intended for use in association with the development of oil, gas, or sulphur; or source materials essential to production of fissionable materials which are reserved to the United States pursuant to section 12(e) of the Act.
</P>
<P><I>Operator</I> means the individual, partnership, firm, or corporation having control or management of operations on the lease or a portion thereof. The operator may be a lessee, designated agent of the lessee, or holder of rights under an approved operating agreement.
</P>
<P><I>Outer Continental Shelf</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Person</I> means a citizen or national of the United States; an alien lawfully admitted for permanent residency in the United States as defined in 8 U.S.C. 1101(a)(20); a private, public, or municipal corporation organized under the laws of the United States or of any State or territory thereof; an association of such citizens, nationals, resident aliens or private, public, or municipal corporations, States, or political subdivisions of States; or anyone operating in a manner provided for by treaty or other applicable international agreements. The term does not include Federal Agencies.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
</P>
<P><I>Testing</I> means removing bulk samples for processing tests and feasibility studies and/or the testing of mining equipment to obtain information needed to develop a detailed Mining Plan.


</P>
</DIV8>


<DIV8 N="§ 582.4" NODE="30:2.0.3.5.11.1.277.5" TYPE="SECTION">
<HEAD>§ 582.4   Opportunities for review and comment.</HEAD>
<P>(a) In carrying out BOEM's responsibilities under the Act and regulations in this part, the Director shall provide opportunities for Governors of adjacent States, State/Federal task forces, lessees and operators, other Federal Agencies, and other interested parties to review proposed activities described in a Delineation, Testing, or Mining Plan together with an analysis of potential impacts on the environment and to provide comments and recommendations for the disposition of the proposed plan.
</P>
<P>(b)(1) For Delineation Plans, the adjacent State Governor(s) shall be notified by the Director within 15 days following the submission of a request for approval of a Delineation Plan. Notification shall include a copy of the proposed Delineation Plan and the accompanying environmental information. The adjacent State Governor(s) who wishes to comment on a proposed Delineation Plan may do so within 30 days of the receipt of the proposed plan and the accompanying information.
</P>
<P>(2) In cases where an Environmental Assessment is to be prepared, the Director's invitation to provide comments may allow the adjacent State Governor(s) more than 30 days following receipt of the proposed plan to provide comments.
</P>
<P>(3) The Director shall notify Federal Agencies, as appropriate, with a copy of the proposed Delineation Plan and the accompanying environmental information within 15 days following the submission of the request. Agencies that wish to comment on a proposed Delineation Plan shall do so within 30 days following receipt of the plan and the accompanying information.
</P>
<P>(c)(1) For Testing Plans, the adjacent State Governor(s) shall be notified by the Director within 20 days following submission of a request for approval of a proposed Testing Plan. Notification shall include a copy of the proposed Testing Plan and the accompanying environmental information. The adjacent State Governor(s) who wishes to comment on a proposed Testing Plan may do so within 60 days of the receipt of a plan and the accompanying information.
</P>
<P>(2) In cases where an EIS is to be prepared, the Director's invitation to provide comments may allow the adjacent State Governor(s) more than 60 days following receipt of the proposed plan to provide comments.
</P>
<P>(3) The Director shall notify Federal Agencies, as appropriate, with a copy of the proposed Testing Plan and the accompanying environmental information within 20 days following the submission of the request. Agencies that wish to comment on a proposed Testing Plan shall do so within 60 days following receipt of the plan and the accompanying information.
</P>
<P>(d)(1) For Mining Plans, the adjacent State Governor(s) shall be notified by the Director within 20 days following the submission of a request for approval of a proposed Mining Plan. Notification shall include a copy of the proposed Mining Plan and the accompanying environmental information. The adjacent State Governor(s) who wishes to comment on a proposed Mining Plan may do so within 60 days of the receipt of a plan and the accompanying information.
</P>
<P>(2) In cases where an EIS is to be prepared, the Director's invitation to provide comments may allow the adjacent State Governor(s) more than 60 days following receipt of the proposed plan to provide comments.
</P>
<P>(3) The Director shall notify Federal Agencies, as appropriate, with a copy of the proposed Mining Plan and the accompanying environmental information within 20 days following the submission of the request. Agencies that wish to comment on a proposed Mining Plan shall do so within 60 days following receipt of the plan and the accompanying information.
</P>
<P>(e) When an adjacent State Governor(s) has provided comments pursuant to paragraphs (b), (c), and (d) of this section, the Governor(s) shall be given, in writing, a list of recommendations which are adopted and the reasons for rejecting any of the recommendations of the Governor(s) or for implementing any alternative means identified during consultations with the Governor(s).


</P>
</DIV8>


<DIV8 N="§ 582.5" NODE="30:2.0.3.5.11.1.277.6" TYPE="SECTION">
<HEAD>§ 582.5   Disclosure of data and information to the public.</HEAD>
<P>(a) The Director shall make data, information, and samples available in accordance with the requirements and subject to the limitations of the Act, the Freedom of Information Act (5 U.S.C. 552), and the implementing regulations (43 CFR part 2).
</P>
<P>(b) Geophysical data, processed G&amp;G information, interpreted G&amp;G information, and other data and information submitted pursuant to the requirements of this part shall not be available for public inspection without the consent of the lessee so long as the lease remains in effect, unless the Director determines that earlier limited release of such information is necessary for the unitization of operations on two or more leases, to ensure proper Mining Plans for a common orebody, or to promote operational safety. When the Director determines that early limited release of data and information is necessary, the data and information shall be shown only to persons with a direct interest in the affected lease(s), unitization agreement, or joint Mining Plan.
</P>
<P>(c) Geophysical data, processed geophysical information, and interpreted geophysical information collected on a lease with high resolution systems (including, but not limited to, bathymetry, side-scan sonar, subbottom profiler, and magnetometer) in compliance with stipulations or orders concerning protection of environmental aspects of the lease may be made available to the public 60 days after submittal to the Director, unless the lessee can demonstrate to the satisfaction of the Director that release of the information or data would unduly damage the lessee's competitive position.


</P>
</DIV8>


<DIV8 N="§ 582.6" NODE="30:2.0.3.5.11.1.277.7" TYPE="SECTION">
<HEAD>§ 582.6   Disclosure of data and information to an adjacent State.</HEAD>
<P>(a) Proprietary data, information, and samples submitted to BOEM pursuant to the requirements of this part shall be made available for inspection by representatives of adjacent State(s) upon request by the Governor(s) in accordance with paragraphs (b), (c), and (d) of this section.
</P>
<P>(b) Disclosure shall occur only after the Governor has entered into an agreement with the Secretary providing that:
</P>
<P>(1) The confidentiality of the information shall be maintained;
</P>
<P>(2) In any action commenced against the Federal Government or the State for failure to protect the confidentiality of proprietary information, the Federal Government or the State, as the case may be, may not raise as a defense any claim of sovereign immunity or any claim that the employee who revealed the proprietary information, which is the basis of the suit, was acting outside the scope of the person's employment in revealing the information;
</P>
<P>(3) The State agrees to hold the United States harmless for any violation by the State or its employees or contractors of the agreement to protect the confidentiality of proprietary data, information, and samples; and
</P>
<P>(c) The data, information, and samples available for inspection by representatives of adjacent State(s) pursuant to an agreement shall be related to leased lands.


</P>
</DIV8>


<DIV8 N="§ 582.7" NODE="30:2.0.3.5.11.1.277.8" TYPE="SECTION">
<HEAD>§ 582.7   Jurisdictional controversies.</HEAD>
<P>In the event of a controversy between the United States and a State as to whether certain lands are subject to Federal or State jurisdiction, either the Governor of the State or the Secretary may initiate negotiations in an attempt to settle the jurisdictional controversy. With the concurrence of the Attorney General, the Secretary may enter into an agreement with a State with respect to OCS mineral activities and to payment and impounding of rents, royalties, and other sums and with respect to the issuance or nonissuance of new leases pending settlement of the controversy.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.11.2" TYPE="SUBPART">
<HEAD>Subpart B—Jurisdiction and Responsibilities of Director</HEAD>


<DIV8 N="§ 582.10" NODE="30:2.0.3.5.11.2.277.1" TYPE="SECTION">
<HEAD>§ 582.10   Jurisdiction and responsibilities of Director.</HEAD>
<P>Subject to the authority of the Secretary, the following activities are subject to the regulations in this part and are under the jurisdiction of the Director: Exploration, testing, and mining operations together with the associated environmental protection measures needed to permit those activities to be conducted in an environmentally responsible manner; handling, measurement, and transportation of OCS minerals; and other operations and activities conducted pursuant to a lease issued under 30 CFR part 581, or pursuant to a right of use and easement granted under this part, by or on behalf of a lessee or the holder of a right of use and easement.


</P>
</DIV8>


<DIV8 N="§ 582.11" NODE="30:2.0.3.5.11.2.277.2" TYPE="SECTION">
<HEAD>§ 582.11   Director's authority.</HEAD>
<P>(a) In the exercise of jurisdiction under § 582.10, the Director is authorized and directed to act upon the requests, applications, and notices submitted under the regulations in this part; to issue either written or oral orders to govern lease operations; and to require compliance with applicable laws, regulations, and lease terms so that all operations conform to sound conservation practices and are conducted in a manner which is consistent with the following:
</P>
<P>(1) Make such OCS minerals available to meet the nation's needs in a timely manner;
</P>
<P>(2) Balance OCS mineral resource development with protection of the human, marine, and coastal environments;
</P>
<P>(3) Ensure the public a fair and equitable return on OCS minerals leased on the OCS; and
</P>
<P>(4) Foster and encourage private enterprise.
</P>
<P>(b)(1) The Director is to be provided ready access to all OCS mineral resource data and all environmental data acquired by the lessee or holder of a right of use and easement in the course of operations on a lease or right of use and easement and may require a lessee or holder to obtain additional environmental data when deemed necessary to assure adequate protection of the human, marine, and coastal environments.
</P>
<P>(2) The Director is to be provided an opportunity to inspect, cut, and remove representative portions of all samples acquired by a lessee in the course of operations on the lease.
</P>
<P>(c) In addition to the rights and privileges granted to a lessee under any lease issued or maintained under the Act, on request, the Director may grant a lessee, subject to such conditions as the Director may prescribe, a right of use and easement to construct and maintain platforms, artificial islands, and/or other installations and devices which are permanently or temporarily attached to the seabed and which are needed for the conduct of leasehold exploration, testing, development, production, and processing activities or other leasehold related operations whether on or off the lease.
</P>
<P>(d)(1) The Director may approve the consolidation of two or more OCS mineral leases or portions of two or more OCS mineral leases into a single mining unit requested by lessees, or the Director may require such consolidation when the operation of those leases or portions of leases as a single mining unit is in the interest of conservation of the natural resources of the OCS or the prevention of waste. A mining unit may also include all or portions of one or more OCS mineral leases with all or portions of one or more adjacent State leases for minerals in a common orebody. A single unit operator shall be responsible for submission of required Delineation, Testing, and Mining Plans covering OCS mineral operations for an approved mining unit.
</P>
<P>(2) Operations such as exploration, testing, and mining activities conducted in accordance with an approved plan on any lease or portion of a lease which is subject to an approved mining unit shall be considered operations on each of the leases that is made subject to the approved mining unit.
</P>
<P>(3) Minimum royalty paid pursuant to a Federal lease, which is subject to an approved mining unit, is creditable against the production royalties allocated to that Federal lease during the lease year for which the minimum royalty is paid.
</P>
<P>(4) Any OCS minerals produced from State and Federal leases which are subject to an approved mining unit shall be accounted for separately unless a method of allocating production between State and Federal leases has been approved by the Director and the appropriate State official.


</P>
</DIV8>


<DIV8 N="§ 582.12" NODE="30:2.0.3.5.11.2.277.3" TYPE="SECTION">
<HEAD>§ 582.12   Director's responsibilities.</HEAD>
<P>(a) The Director is responsible for the regulation of activities to assure that all operations conducted under a lease or right of use and easement are conducted in a manner that protects the environment and promotes orderly development of OCS mineral resources. Those activities are to be designed to prevent serious harm or damage to, or waste of, any natural resource (including OCS mineral deposits and oil, gas, and sulphur resources in areas leased or not leased), any life (including fish and other aquatic life), property, or the marine, coastal, or human environment.
</P>
<P>(b)(1) In the evaluation of a Delineation Plan, the Director shall consider whether the plan is consistent with:
</P>
<P>(i) The provisions of the lease;
</P>
<P>(ii) The provisions of the Act;
</P>
<P>(iii) The provisions of the regulations prescribed under the Act;
</P>
<P>(iv) Other applicable Federal law; and
</P>
<P>(v) Requirements for the protection of the environment, health, and safety.
</P>
<P>(2) Within 30 days following the completion of an environmental assessment or other NEPA document prepared pursuant to the regulations implementing NEPA or within 30 days following the comment period provided in § 582.4(b) of this part, the Director shall:
</P>
<P>(i) Approve any Delineation Plan which is consistent with the criteria in paragraph (b)(1) of this section;
</P>
<P>(ii) Require the lessee to modify any Delineation Plan that is inconsistent with the criteria in paragraph (b)(1) of this section; or
</P>
<P>(iii) Disapprove a Delineation Plan when it is determined that an activity proposed in the plan would probably cause serious harm or damage to life (including fish and other aquatic life); to property; to natural resources of the OCS including mineral deposits (in areas leased or not leased); or to the marine, coastal, or human environment, and the proposed activity cannot be modified to avoid the conditions.
</P>
<P>(3) The Director shall notify the lessee in writing of the reasons for disapproving a Delineation Plan or for requiring modification of a plan and the conditions that must be met for plan approval.
</P>
<P>(c)(1) In the evaluation of a Testing Plan, the Director shall consider whether the plan is consistent with:
</P>
<P>(i) The provisions of the lease;
</P>
<P>(ii) The provisions of the Act;
</P>
<P>(iii) The provisions of the regulations prescribed under the Act;
</P>
<P>(iv) Other applicable Federal law;
</P>
<P>(v) Environmental, safety, and health requirements; and
</P>
<P>(vi) The statutory requirement to protect property, natural resources of the OCS, including mineral deposits (in areas leased or not leased), and the National security or defense.
</P>
<P>(2) Within 60 days following the release of a final EIS prepared pursuant to NEPA or within 60 days following the comment period provided in § 582.4(c) of this part, the Director shall:
</P>
<P>(i) Approve any Testing Plan which is consistent with the criteria in paragraph (c)(1) of this section;
</P>
<P>(ii) Require the lessee to modify any Testing Plan which is inconsistent with the criteria in paragraph (c)(1) of this section; or
</P>
<P>(iii) Disapprove any Testing Plan when the Director determines the existence of exceptional geological conditions in the lease area, exceptional resource values in the marine or coastal environment, or other exceptional circumstances and that (A) implementation of the activities described in the plan would probably cause serious harm and damage to life (including fish and other aquatic life), to property, to any mineral deposit (in areas leased or not leased), to the National security or defense, or to the marine, coastal, or human environments; (B) that the threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and (C) the advantages of disapproving the Testing Plan outweigh the advantages of development and production of the OCS mineral resources.
</P>
<P>(3) The Director shall notify the lessee in writing of the reason(s) for disapproving a Testing Plan or for requiring modification of a Testing Plan and the conditions that must be met for approval of the plan.
</P>
<P>(d)(1) In the evaluation of a Mining Plan, the Director shall consider whether the plan is consistent with:
</P>
<P>(i) The provisions of the lease;
</P>
<P>(ii) The provisions of the Act;
</P>
<P>(iii) The provisions of the regulations prescribed under the Act;
</P>
<P>(iv) Other applicable Federal law;
</P>
<P>(v) Environmental, safety, and health requirements; and
</P>
<P>(vi) The statutory requirements to protect property, natural resources of the OCS, including mineral deposits (in areas leased or not leased), and the National security or defense.
</P>
<P>(2) Within 60 days following the release of a final EIS prepared pursuant to NEPA or within 60 days following the comment period provided in § 582.4(d) of this part, the Director shall:
</P>
<P>(i) Approve any Mining Plan which is consistent with the criteria in paragraph (d)(1) of this section;
</P>
<P>(ii) Require the lessee to modify any Mining Plan which is inconsistent with the criteria in paragraph (d)(1) of this section; or
</P>
<P>(iii) Disapprove any Mining Plan when the Director determines the existence of exceptional geological conditions in the lease area, exceptional resource values in the marine or coastal environment, or other exceptional circumstances, and that:
</P>
<P>(A) Implementation of the activities described in the plan would probably cause serious harm and damage to life (including fish and other aquatic life), to property, to any mineral deposit (in areas leased or not leased), to the National security or defense, or to the marine, coastal, or human environments;
</P>
<P>(B) That the threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and
</P>
<P>(C) The advantages of disapproving the Mining Plan outweigh the advantages of development and production of the OCS mineral resources.
</P>
<P>(3) The Director shall notify the lessee in writing of the reason(s) for disapproving a Mining Plan or for requiring modification of a Mining Plan and the conditions that must be met for approval of the plan.
</P>
<P>(e)-(f) [Reserved]
</P>
<P>(g) The Director shall establish practices and procedures to govern the collection of all rents, royalties, and other payments due the Federal Government in accordance with terms of the leasing notice, the lease, and the applicable Royalty Management regulations listed in § 581.26(i) of this chapter.
</P>
<P>(h) [Reserved]


</P>
</DIV8>


<DIV8 N="§ 582.13" NODE="30:2.0.3.5.11.2.277.4" TYPE="SECTION">
<HEAD>§ 582.13   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 582.14" NODE="30:2.0.3.5.11.2.277.5" TYPE="SECTION">
<HEAD>§ 582.14   Noncompliance, remedies, and penalties.</HEAD>
<P>(a)(1) If the Director determines that a lessee has failed to comply with applicable provisions of law; the regulations in this part; other applicable regulations; the lease; the approved Delineation, Testing, or Mining Plan; or the Director's orders or instructions, and the Director determines that such noncompliance poses a threat of immediate, serious, or irreparable damage to the environment, the mine or the deposit being mined, or other valuable mineral deposits or other resources, the Director shall order the lessee to take immediate and appropriate remedial action to alleviate the threat. Any oral orders shall be followed up by service of a notice of noncompliance upon the lessee by delivery in person to the lessee or agent, or by certified or registered mail addressed to the lessee at the last known address.
</P>
<P>(2) If the Director determines that the lessee has failed to comply with applicable provisions of law; the regulations in this part; other applicable regulations; the lease; the requirements of an approved Delineation, Testing, or Mining Plan; or the Director's orders or instructions, and such noncompliance does not pose a threat of immediate, serious, or irreparable damage to the environment, the mine or the deposit being mined, or other valuable mineral deposits or other resources, the Director shall serve a notice of noncompliance upon the lessee by delivery in person to the lessee or agent or by certified or registered mail addressed to the lessee at the last known address.
</P>
<P>(b) A notice of noncompliance shall specify in what respect(s) the lessee has failed to comply with the provisions of applicable law; regulations; the lease; the requirements of an approved Delineation, Testing, or Mining Plan; or the Director's orders or instructions, and shall specify the action(s) which must be taken to correct the noncompliance and the time limits within which such action must be taken.
</P>
<P>(c) Failure of a lessee to take the actions specified in the notice of noncompliance within the time limit specified shall be grounds for a suspension of operations and other appropriate actions, including but not limited to the assessment of a civil penalty of up to $10,000 per day for each violation that is not corrected within the time period specified (43 U.S.C. 1350(b)).
</P>
<P>(d) Whenever the Director determines that a violation of or failure to comply with any provision of the Act; or any provision of a lease, license, or permit issued pursuant to the Act; or any provision of any regulation promulgated under the Act probably occurred and that such apparent violation continued beyond notice of the violation and the expiration of the reasonable time period allowed for corrective action, the Director shall follow the procedures concerning remedies and penalties in subpart N, Remedies and Penalties, of 30 CFR part 550 to determine and assess an appropriate penalty.
</P>
<P>(e) The remedies and penalties prescribed in this section shall be concurrent and cumulative, and the exercise of one shall not preclude the exercise of the other. Further, the remedies and penalties prescribed in this section shall be in addition to any other remedies and penalties afforded by any other law or regulation (43 U.S.C. 1350(e)).


</P>
</DIV8>


<DIV8 N="§ 582.15" NODE="30:2.0.3.5.11.2.277.6" TYPE="SECTION">
<HEAD>§ 582.15   Cancellation of leases.</HEAD>
<P>(a) Whenever the owner of a nonproducing lease fails to comply with any of the provisions of the Act, the lease, or the regulations issued under the Act, and the default continues for a period of 30 days after mailing of notice by registered or certified letter to the lease owner at the owner's record post office address, the Secretary may cancel the lease pursuant to section 5(c) of the Act, and the lessee shall not be entitled to compensation. Any such cancellation is subject to judicial review as provided by section 23(b) of the Act.
</P>
<P>(b) Whenever the owner of any producing lease fails to comply with any of the provisions of the Act, the lease, or the regulations issued under the Act, the Secretary may cancel the lease only after judicial proceedings pursuant to section 5(d) of the Act, and the lessee shall not be entitled to compensation.
</P>
<P>(c) Any lease issued under the Act, whether producing or not, may be canceled by the Secretary upon proof that it was obtained by fraud or misrepresentation and after notice and opportunity to be heard has been afforded to the lessee.
</P>
<P>(d) The Secretary may cancel a lease in accordance with the following:
</P>
<P>(1) Cancellation may occur at any time if the Secretary determines after a hearing that:
</P>
<P>(i) Continued activity pursuant to such lease would probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any mineral (in areas leased or not leased), to the National security or defense, or to the marine, coastal, or human environment;
</P>
<P>(ii) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and
</P>
<P>(iii) The advantages of cancellation outweigh the advantages of continuing such lease in force.
</P>
<P>(2) Cancellation shall not occur unless and until operations under such lease shall have been under suspension or temporary prohibition by the Secretary, with due extension of any lease term continuously for a period of 5 years or for a lesser period upon request of the lessee;
</P>
<P>(3) Cancellation shall entitle the lessee to receive such compensation as is shown to the Secretary as being equal to the lesser of:
</P>
<P>(i) The fair value of the canceled rights as of the date of cancellation, taking account of both anticipated revenues from the lease and anticipated costs, including costs of compliance with all applicable regulations and operating orders, liability for cleanup costs or damages, or both, and all other costs reasonably anticipated on the lease, or
</P>
<P>(ii) The excess, if any, over the lessee's revenue from the lease (plus interest thereon from the date of receipt to date of reimbursement) of all consideration paid for the lease and all direct expenditures made by the lessee after the date of issuance of such lease and in connection with exploration or development, or both, pursuant to the lease (plus interest on such consideration and such expenditures from date of payment to date of reimbursement), except that in the case of joint leases which are canceled due to the failure of one or more partners to exercise due diligence, the innocent parties shall have the right to seek damages for such loss from the responsible party or parties and the right to acquire the interests of the negligent party or parties and be issued the lease in question.
</P>
<P>(iii) The lessee shall not be entitled to compensation where one of the following circumstances exists when a lease is canceled:
</P>
<P>(A) A producing lease is forfeited or is canceled pursuant to section (5)(d) of the Act;
</P>
<P>(B) A Testing Plan or Mining Plan is disapproved because the lessee's failure to demonstrate compliance with the requirements of applicable Federal law; or
</P>
<P>(C) The lessee of a nonproducing lease fails to comply with a provision of the Act, the lease, or regulations issued under the Act, and the noncompliance continues for a period of 30 days or more after the mailing of a notice of noncompliance by registered or certified letter to the lessee.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.11.3" TYPE="SUBPART">
<HEAD>Subpart C—Obligations and Responsibilities of Lessees</HEAD>


<DIV8 N="§ 582.20" NODE="30:2.0.3.5.11.3.277.1" TYPE="SECTION">
<HEAD>§ 582.20   Obligations and responsibilities of lessees.</HEAD>
<P>(a) The lessee shall comply with the provisions of applicable laws; regulations; the lease; the requirements of the approved Delineation, Testing, or Mining Plans; and other written or oral orders or instructions issued by the Director when performing exploration, testing, development, and production activities pursuant to a lease issued under 30 CFR part 581. The lessee shall take all necessary precautions to prevent waste and damage to oil, gas, sulphur, and other OCS mineral-bearing formations and shall conduct operations in such manner that does not cause or threaten to cause harm or damage to life (including fish and other aquatic life); to property; to the National security or defense; or to the marine, coastal, or human environment (including onshore air quality). The lessee shall make all mineral resource data and information and all environmental data and information acquired by the lessee in the course of exploration, testing, development, and production operations on the lease available to the Director for examination and copying at the lease site or an onshore location convenient to the Director.
</P>
<P>(b) In all cases where there is more than one lease owner of record, one person shall be designated payor for the lease. The payor shall be responsible for making all rental, minimum royalty, and royalty payments.
</P>
<P>(c) In all cases where lease operations are not conducted by the sole lessee, a “designation of operator” shall be submitted to and accepted by the Director prior to the commencement of leasehold operations. This designation when accepted will be recognized as authority for the designee to act on behalf of the lessees and to fulfill the lessees' obligations under the Act, the lease, and the regulations of this part. All changes of address and any termination of a designation of operator shall be reported immediately, in writing, to the Director. In the case of a termination of a designation of operator or in the event of a controversy between the lessee and the designated operator, both the lessee and the designated operator will be responsible for the protection of the interests of the lessor.
</P>
<P>(d) When required by the Director or at the option of the lessee, the lessee shall submit to the Director the designation of a local representative empowered to receive notices, provide access to OCS mineral and environmental data and information, and comply with orders issued pursuant to the regulations of this part. If there is a change in the designated representative, the Director shall be notified immediately.
</P>
<P>(e) Before beginning operations, the lessee shall inform the Director in writing of any designation of a local representative under paragraph (d) of this section and the address of the mine office responsible for the exploration, testing, development, or production activities; the lessee's temporary and permanent addresses; or the name and address of the designated operator who will be responsible for the operations, and who will act as the local representative of the lessee. The Director shall also be informed of each change thereafter in the address of the mine office or in the name or address of the local representative.
</P>
<P>(f) The holder of a right-of-use and easement shall exercise its rights under the right of use and easement in accordance with the regulations of this part.
</P>
<P>(g) A lessee shall submit reports and maintain records in accordance with § 582.29 of this part.
</P>
<P>(h) When an oral approval is given by BOEM in response to an oral request under these regulations, the oral request shall be confirmed in writing by the lessee or holder of a right of use and easement within 72 hours.
</P>
<P>(i) The lessee is responsible for obtaining all permits and approvals from BOEM, BSEE or other Agencies needed to carry out exploration, testing, development, and production activities under a lease issued under 30 CFR part 581 of this title.


</P>
</DIV8>


<DIV8 N="§ 582.21" NODE="30:2.0.3.5.11.3.277.2" TYPE="SECTION">
<HEAD>§ 582.21   Plans, general.</HEAD>
<P>(a) No exploration, testing, development, or production activities, except preliminary activities, shall be commenced or conducted on any lease except in accordance with a plan submitted by the lessee and approved by the Director. Plans will not be approved before completion of comprehensive technical and environmental evaluations to assure that the activities described will be carried out in a safe and environmentally responsible manner. Prior to the approval of a plan, the Director will assure that the lessee is prepared to take adequate measures to prevent waste; conserve natural resources of the OCS; and protect the environment, human life, and correlative rights. The lessee shall demonstrate to the satisfaction of the Director that the lease is in good standing, the lessee is authorized and capable of conducting the activities described in the plan, and that an acceptable bond has been provided.
</P>
<P>(b) Plans shall be submitted to the Director for approval. The lessee shall submit the number of copies prescribed by the Director. Such plans shall describe in detail the activities that are to be conducted and shall demonstrate that the proposed exploration, testing, development, and production activities will be conducted in an operationally safe and environmentally responsible manner that is consistent with the provisions of the lease, applicable laws, and regulations. The Governor of an affected State and other Federal Agencies shall be provided an opportunity to review and provide comments on proposed Delineation, Testing, and Mining Plans and any proposal for a significant modification to an approved plan. Following review, including the technical and environmental evaluations, the Director shall either approve, disapprove, or require the lessee to modify its proposed plan.
</P>
<P>(c) Lessees are not required to submit a Delineation or Testing Plan prior to submittal of a proposed Testing or Mining Plan if the lessee has sufficient data and information on which to base a Testing or Mining Plan without carrying out postlease exploration and/or testing activities. A Mining Plan may include proposed exploration or testing activities where those activities are needed to obtain additional data and information on which to base plans for future mining activities. A Testing Plan may include exploration activities when those activities are needed to obtain additional data or information on which to base plans for future testing or mining activities.
</P>
<P>(d) Preliminary activities are bathymetric, geological, geophysical, mapping, and other surveys necessary to develop a comprehensive Delineation, Testing, or Mining Plan. Such activities are those which have no significant adverse impact on the natural resources of the OCS. The lessee shall give notice to the Director at least 30 days prior to initiating the proposed preliminary activities on the lease. The notice shall describe in detail those activities that are to be conducted and the time schedule for conducting those activities.
</P>
<P>(e) Leasehold activities shall be carried out with due regard to conservation of resources, paying particular attention to the wise management of OCS mineral resources, minimizing waste of the leased resource(s) in mining and processing, and preventing damage to unmined parts of the mineral deposit and other resources of the OCS.


</P>
</DIV8>


<DIV8 N="§ 582.22" NODE="30:2.0.3.5.11.3.277.3" TYPE="SECTION">
<HEAD>§ 582.22   Delineation Plan.</HEAD>
<P>All exploration activities shall be conducted in accordance with a Delineation Plan submitted by the lessee and approved by the Director. The Delineation Plan shall describe the proposed activities necessary to locate leased OCS minerals, characterize the quantity and quality of the minerals, and generate other information needed for the development of a comprehensive Testing or Mining Plan. A Delineation Plan at a minimum shall include the following:
</P>
<P>(a) The OCS mineral(s) or primary interest.
</P>
<P>(b) A brief narrative description of the activities to be conducted and how the activities will lead to the discovery and evaluation of a commercially minable deposit on the lease.
</P>
<P>(c) The name, registration, and type of equipment to be used, including vessel types as well as their navigation and mobile communication systems, and transportation corridors to be used between the lease and shore.
</P>
<P>(d) Information showing that the equipment to be used (including the vessel) is capable of performing the intended operation in the environment which will be encountered.
</P>
<P>(e) Maps showing the proposed locations of test drill holes, the anticipated depth of penetration of test drill holes, the locations where surficial samples were taken, and the location of proposed geophysical survey lines for each surveying method being employed.
</P>
<P>(f) A description of measures to be taken to avoid, minimize, or otherwise mitigate air, land, and water pollution and damage to aquatic and wildlife species and their habitats; any unique or special features in the lease area; aquifers; other natural resources of the OCS; and hazards to public health, safety, and navigation.
</P>
<P>(g) A schedule indicating the starting and completion dates for each proposed exploration activity.
</P>
<P>(h) A list of any known archaeological resources on the lease and measures to assure that the proposed exploration activities do not damage those resources.
</P>
<P>(i) A description of any potential conflicts with other uses and users of the area.
</P>
<P>(j) A description of measures to be taken to monitor the effects of the proposed exploration activities on the environment in accordance with § 582.28(c) of this part.
</P>
<P>(k) A detailed description of practices and procedures to effect the abandonment of exploration activities, e.g., plugging of test drill holes. The proposed procedures shall indicate the steps to be taken to assure that test drill holes and other testing procedures which penetrate the seafloor to a significant depth are properly sealed and that the seafloor is left free of obstructions or structures that may present a hazard to other uses or users of the OCS such as navigation or commercial fishing.
</P>
<P>(l) A detailed description of the cycle of all materials, the method for discharge and disposal of waste and refuse, and the chemical and physical characteristics of waste and refuse.
</P>
<P>(m) A description of the potential environmental impacts of the proposed exploration activities including the following:
</P>
<P>(1) The location of associated port, transport, processing, and waste disposal facilities and affected environment (e.g., maps, land use, and layout);
</P>
<P>(2) A description of the nature and degree of environmental impacts and the domestic socioeconomic effects of construction and operation of the associated facilities, including waste characteristics and toxicity;
</P>
<P>(3) Any proposed mitigation measures to avoid or minimize adverse impacts on the environment;
</P>
<P>(4) A certificate of consistency with the federally approved State coastal zone management program, where applicable; and
</P>
<P>(5) Alternative sites and technologies considered by the lessee and the reasons why they were not chosen.
</P>
<P>(n) Any other information needed for technical evaluation of the planned activity, such as sample analyses to be conducted at sea, and the evaluation of potential environmental impacts.


</P>
</DIV8>


<DIV8 N="§ 582.23" NODE="30:2.0.3.5.11.3.277.4" TYPE="SECTION">
<HEAD>§ 582.23   Testing Plan.</HEAD>
<P>All testing activities shall be conducted in accordance with a Testing Plan submitted by the lessee and approved by the Director. Where a lessee needs more information to develop a detailed Mining Plan than is obtainable under an approved Delineation Plan, to prepare feasibility studies, to carry out a pilot program to evaluate processing techniques or technology or mining equipment, or to determine environmental effects by a pilot test mining operation, the lessee shall submit a comprehensive Testing Plan for the Director's approval. Any OCS minerals acquired during activities conducted under an approved Testing Plan will be subject to the payment of royalty pursuant to the governing lease terms. A Testing Plan at a minimum shall include the following:
</P>
<P>(a) The nature and purpose of the proposed testing program.
</P>
<P>(b) A comprehensive description of the activities to be performed including descriptions of the proposed methods for analysis of samples taken.
</P>
<P>(c) A narrative description and maps showing water depths and the locations of the proposed pilot mining or other testing activities.
</P>
<P>(d) A comprehensive description of the method and manner in which testing activities will be conducted and the results the lessee expects to obtain as a result of those activities.
</P>
<P>(e) The name, registration, and type of equipment to be used, including vessel types together with their navigation and mobile communication systems, and transportation corridors to be used between the lease and shore.
</P>
<P>(f) Information showing that the equipment to be used (including the vessel) is capable of performing the intended operation in the environment which will be encountered.
</P>
<P>(g) A schedule specifying the starting and completion dates for each of the testing activities.
</P>
<P>(h) A list of known archaeological resources on the lease and measures to be used to assure that the proposed testing activities do not damage those resources.
</P>
<P>(i) A description of any potential conflicts with other uses and users of the area.
</P>
<P>(j) A description of measures to be taken to avoid, minimize, or otherwise mitigate air, land, and water pollution and damage to aquatic and wildlife species and their habitat; any unique or special features in the lease area, other natural resources of the OCS; and hazards to public health, safety, and navigation.
</P>
<P>(k) A description of the measures to be taken to monitor the impacts of the proposed testing activities in accordance with § 582.28(c) of this part.
</P>
<P>(l) A detailed description of the cycle of all materials including samples and wastes, the method for discharge and disposal of waste and refuse, and the chemical and physical characteristics of such waste and refuse.
</P>
<P>(m) A detailed description of practices and procedures to effect the abandonment of testing activities, e.g., abandonment of a pilot mining facility. The proposed procedures shall indicate the steps to be taken to assure that mined areas do not pose a threat to the environment and that the seafloor is left free of obstructions and structures that may present a hazard to other uses or users of the OCS such as navigation or commercial fishing.
</P>
<P>(n) A description of potential environmental impacts of testing activities including the following:
</P>
<P>(1) The location of associated port, transport, processing, and waste disposal facilities and affected environment (e.g., maps, land use, and layout);
</P>
<P>(2) A description of the nature and degree of potential environmental impacts of the proposed testing activities and the domestic socioeconomic effects of construction and operation of the proposed testing facilities, including waste characteristics and toxicity;
</P>
<P>(3) Any proposed mitigation measures to avoid or minimize adverse impacts on the environment;
</P>
<P>(4) A certificate of consistency with the federally approved State coastal zone management program, where applicable; and
</P>
<P>(5) Alternate sites and technologies considered by the lessee and the reasons why they were not selected.
</P>
<P>(o) Any other information needed for technical evaluation of the planned activities and for evaluation of the impact of those activities on the human, marine, and coastal environments.


</P>
</DIV8>


<DIV8 N="§ 582.24" NODE="30:2.0.3.5.11.3.277.5" TYPE="SECTION">
<HEAD>§ 582.24   Mining Plan.</HEAD>
<P>All OCS mineral development and production activities shall be conducted in accordance with a Mining Plan submitted by the lessee and approved by the Director. A Mining Plan shall include comprehensive detailed descriptions, illustrations, and explanations of the proposed OCS mineral development, production, and processing activities and accurately present the lessee's proposed plan of operation. A Mining Plan at a minimum shall include the following:
</P>
<P>(a) A narrative description of the mining activities including:
</P>
<P>(1) The OCS mineral(s) or material(s) to be recovered;
</P>
<P>(2) Estimates of the number of tons and grade(s) of ore to be recovered;
</P>
<P>(3) Anticipated annual production;
</P>
<P>(4) Volume of ocean bottom expected to be disturbed (area and depth of disruption) each year; and
</P>
<P>(5) All activities of the mining cycle from extraction through processing and waste disposal.
</P>
<P>(b) Maps of the lease showing water depths, the outline of the mineral deposit(s) to be mined with cross sections showing thickness, and the area(s) anticipated to be mined each year.
</P>
<P>(c) The name, registration, and type of equipment to be used, including vessel types as well as their navigation and mobile communication systems, and transportation corridors to be used between the lease and shore.
</P>
<P>(d) Information showing that the equipment to be used (including the vessel) is capable of performing the intended operation in the environment which will be encountered.
</P>
<P>(e) A description of equipment to be used in mining, processing, and transporting of the ore.
</P>
<P>(f) A schedule indicating the anticipated starting and completion dates for each activity described in the plan.
</P>
<P>(g) For onshore processing, a description of how OCS minerals are to be processed and how the produced OCS minerals will be weighed, assayed, and royalty determinations made.
</P>
<P>(h) For at-sea processing, additional information including type and size of installation or structures and the method of tailings disposal.
</P>
<P>(i) A list of known archaeological resources on the lease and the measures to be taken to assure that the proposed mining activities do not damage those resources.
</P>
<P>(j) Description of any potential conflicts with other uses and users of the area.
</P>
<P>(k) A detailed description of the nature and occurrence of the OCS mineral deposit(s) in the leased area with adequate maps and sections.
</P>
<P>(l) A detailed description of development and mining methods to be used, the proposed sequence of mining or development, the expected production rate, the method and location of the proposed processing operation, and the method of measuring production.
</P>
<P>(m) A detailed description of the method of transporting the produced OCS minerals from the lease to shore and adequate maps showing the locations of pipelines, conveyors, and other transportation facilities and corridors.
</P>
<P>(n) A detailed description of the cycle of all materials including samples and wastes, the method of discharge and disposal of waste and refuse, and the chemical and physical characteristics of the waste and refuse.
</P>
<P>(o) A description of measures to be taken to avoid, minimize, or otherwise mitigate air, land, and water pollution and damage to aquatic and wildlife species and their habitats; any unique or special features in the lease area, aquifers, or other natural resources of the OCS; and hazards to public health, safety, and navigation.
</P>
<P>(p) A detailed description of measures to be taken to monitor the impacts of the proposed mining and processing activities on the environment in accordance with § 582.28(c) of this part.
</P>
<P>(q) A detailed description of practices and procedures to effect the abandonment of mining and processing activities. The proposed procedures shall indicate the steps to be taken to assure that mined areas on tailing deposits do not pose a threat to the environment and that the seafloor is left free of obstructions and structures that present a hazard to other users or uses of the OCS such as navigation or commercial fishing.
</P>
<P>(r) A description of potential environmental impacts of mining activities including the following:
</P>
<P>(1) The location of associated port, transport, processing, and waste disposal facilities and the affected environment (e.g., maps, land use, and layout);
</P>
<P>(2) A description of the nature and degree of potential environmental impacts of the proposed mining activities and the domestic socioeconomic effects of construction and operation of the associated facilities, including waste characteristics and toxicity;
</P>
<P>(3) Any proposed mitigation measures to avoid or minimize adverse impacts on the environment;
</P>
<P>(4) A certificate of consistency with the federally approved State coastal zone management program, where applicable; and
</P>
<P>(5) Alternative sites and technologies considered by the lessee and the reasons why they were not chosen.
</P>
<P>(s) Any other information needed for technical evaluation of the proposed activities and for the evaluation of potential impacts on the environment.


</P>
</DIV8>


<DIV8 N="§ 582.25" NODE="30:2.0.3.5.11.3.277.6" TYPE="SECTION">
<HEAD>§ 582.25   Plan modification.</HEAD>
<P>Approved Delineation, Testing, and Mining Plans may be modified upon the Director's approval of the changes proposed. When circumstances warrant, the Director may direct the lessee to modify an approved plan to adjust to changed conditions. If the lessee requests the change, the lessee shall submit a detailed, written statement of the proposed modifications, potential impacts, and the justification for the proposed changes. Revision of an approved plan whether initiated by the lessee or ordered by the Director shall be submitted to the Director for approval. When the Director determines that a proposed revision could result in significant change in the impacts previously identified and evaluated or requires additional permits, the proposed plan revision shall be subject to the applicable review and approval procedures of §§ 582.21, 582.22, 582.23, and 582.24 of this part.


</P>
</DIV8>


<DIV8 N="§ 582.26" NODE="30:2.0.3.5.11.3.277.7" TYPE="SECTION">
<HEAD>§ 582.26   Contingency Plan.</HEAD>
<P>(a) When required by the Director, a lessee shall include a Contingency Plan as part of its request for approval of a Delineation, Testing, or Mining Plan. The Contingency Plan shall comply with the requirements of § 582.28(e) of this part.
</P>
<P>(b) The Director may order or the lessee may request the Director's approval of a modification of the Contingency Plan when such a change is necessary to reflect any new information concerning the nature, magnitude, and significance of potential equipment or procedural failures or the effectiveness of the corrective actions described in the Contingency Plan.


</P>
</DIV8>


<DIV8 N="§ 582.27" NODE="30:2.0.3.5.11.3.277.8" TYPE="SECTION">
<HEAD>§ 582.27   Conduct of operations.</HEAD>
<P>(a)-(h) [Reserved]
</P>
<P>(i) Any bulk sampling or testing that is necessary to be conducted prior to submission of a Mining Plan shall be in accordance with an approved Testing Plan. The sale of any OCS minerals acquired under an approved Testing Plan shall be subject to the payment of the royalty specified in the lease to the United States.
</P>
<P>(j)-(m) [Reserved]


</P>
</DIV8>


<DIV8 N="§ 582.28" NODE="30:2.0.3.5.11.3.277.9" TYPE="SECTION">
<HEAD>§ 582.28   Environmental protection measures.</HEAD>
<P>(a) Exploration, testing, development, production, and processing activities proposed to be conducted under a lease will only be approved by the Director upon the determination that the adverse impacts of the proposed activities can be avoided, minimized, or otherwise mitigated. The Director shall take into account the information contained in the sale-specific environmental evaluation prepared in association with the lease offering as well as the site- and operational-specific environmental evaluations prepared in association with the review and evaluation of the approved Delineation, Testing, or Mining Plan. The Director's review of the air quality consequences of proposed OCS activities will follow the practices and procedures specified in 30 CFR 250.194, §§ 550.194, 550.218, 550.249, and 550.303.
</P>
<P>(b) If the baseline data available are judged by the Director to be inadequate to support an environmental evaluation of a proposed Delineation, Testing, or Mining Plan, the Director may require the lessee to collect additional environmental baseline data prior to the approval of the activities proposed.
</P>
<P>(c)(1) [Reserved]
</P>
<P>(2) Monitoring of environmental effects shall include determination of the spatial and temporal environmental changes induced by the exploration, testing, development, production, and processing activities on the flora and fauna of the sea surface, the water column, and/or the seafloor.
</P>
<P>(3)-(4) [Reserved]
</P>
<P>(5) When prototype test mining is proposed, the lessee shall include a monitoring strategy for assessing the impacts of the testing activities and for developing a strategy for monitoring commercial-scale recovery and mitigating the impacts of commercial-scale recovery more effectively. At a minimum, the proposed monitoring activities shall address specific concerns expressed in the lease-sale environmental analysis.
</P>
<P>(6) When required, the monitoring plan shall specify:
</P>
<P>(i) The sampling techniques and procedures to be used to acquire the needed data and information;
</P>
<P>(ii) The format to be used in analysis and presentation of the data and information;
</P>
<P>(iii) The equipment, techniques, and procedures to be used in carrying out the monitoring program; and
</P>
<P>(iv) The name and qualifications of person(s) designated to be responsible for carrying out the environmental monitoring.
</P>
<P>(d) [Reserved]
</P>
<P>(e) In the event that equipment or procedural failure might result in significant additional damage to the environment, the lessee shall submit a Contingency Plan which specifies the procedures to be followed to institute corrective actions in response to such a failure and to minimize adverse impacts on the environment. Such procedures shall be designed for the site and mining activities described in the approved Delineation, Testing, or Mining Plan.


</P>
</DIV8>


<DIV8 N="§ 582.29" NODE="30:2.0.3.5.11.3.277.10" TYPE="SECTION">
<HEAD>§ 582.29   Reports and records.</HEAD>
<P>(a) A report of the amount and value of each OCS mineral produced from each lease shall be made by the payor for the lease for each calendar month, beginning with the month in which approved testing, development, or production activities are initiated and shall be filed in duplicate with the Director on or before the 20th day of the succeeding month, unless an extension of time for the filing of such report is granted by the Director. The report shall disclose accurately and in detail all operations conducted during each month and present a general summary of the status of leasehold activities. The report shall be submitted each month until the lease is terminated or relinquished unless the Director authorizes omission of the report during an approved suspension of production. The report shall show for each calendar month the location of each mining and processing activity; the number of days operations were conducted; the identity, quantity, quality, and value of each OCS mineral produced, sold, transferred, used or otherwise disposed of; identity, quantity, and quality of an inventory maintained prior to the point of royalty determination; and other information as may be required by the Director.
</P>
<P>(b) The lessee shall submit a status report on exploration and/or testing activities under an approved Delineation or Testing Plan to the Director within 30 days of the close of each calendar quarter which shall include:
</P>
<P>(1) A summary of activities conducted;
</P>
<P>(2) A listing of all geophysical and geochemical data acquired and developed such as acoustic or seismic profiling records;
</P>
<P>(3) A map showing location of holes drilled and where bottom samples were taken; and
</P>
<P>(4) Identification of samples analyzed.
</P>
<P>(c) Each lessee shall submit to the Director a report of exploration and/or testing activities within 3 months after the completion of operations. The final report of exploration and/or testing activities conducted on the lease shall include:
</P>
<P>(1) A description of work performed;
</P>
<P>(2) Charts, maps, or plats depicting the area and leases in which activities were conducted specifically identifying the lines of geophysical traverses and/or the locations where geological activity was conducted and/or the locations of other exploration and testing activities;
</P>
<P>(3) The dates on which the actual operations were performed;
</P>
<P>(4) A narrative summary of any mineral occurrences; environmental hazards; and effects of the activities on the environment, aquatic life, archaeological resources, or other uses and users of the area in which the activities were conducted;
</P>
<P>(5) Such other descriptions of the activities conducted as may be specified by the Director; and
</P>
<P>(6) Records of all samples from core drilling or other tests made on the lease. The records shall be in such form that the location and direction of the samples can be accurately located on a map. The records shall include logs of all strata penetrated and conditions encountered, such as minerals, water, gas, or unusual conditions, and copies of analyses of all samples analyzed.
</P>
<P>(d) The lessee shall report the results of environmental monitoring activities required in § 582.28 of this part and shall submit such other environmental data as the Director may require to conform with the requirements of these regulations.
</P>
<P>(e)(1) All maps shall be appropriately marked with reference to official lease boundaries and elevations marked with reference to sea level. When required by the Director, vertical projections and cross sections shall accompany plan views. The maps shall be kept current and submitted to the Director annually, or more often when required by the Director. The accuracy of maps furnished shall be certified by a professional engineer or land surveyor.
</P>
<P>(2) The lessee shall prepare such maps of the leased lands as are necessary to show the geological conditions as determined from G&amp;G surveys, bottom sampling, drill holes, trenching, dredging, or mining. All excavations shall be shown in such manner that the volume of OCS minerals produced during a royalty period can be accurately ascertained.
</P>
<P>(f) Any lessee who acquires rock, mineral, and core samples under a lease shall keep a representative split of each geological sample and a quarter longitudinal segment of each core for 5 years during which time the samples shall be available for inspection at the convenience of the Director who may take cuts of such cores, cuttings, and samples.
</P>
<P>(g)(1) The lessee shall keep all original data and information available for inspection or duplication, by the Director at the expense of the lessor, as long as the lease continues in force. Should the lessee choose to dispose of original data and information once the lease has expired, said data and information shall be offered to the lessor free of costs and shall, if accepted, become the property of the lessor.
</P>
<P>(2) Navigation tapes showing the location(s) where samples were taken and test drilling conducted shall be retained for as long as the lease continues in force.
</P>
<P>(h) Lessees shall maintain records in which will be kept an accurate account of all ore and rock mined; all ore put through a mill; all mineral products produced; all ore and mineral products sold, transferred, used, or otherwise disposed of and to whom sold or transferred, and the inventory weight, assay value, moisture content, base sales price, dates, penalties, and price received. The percentage of each of the mineral products recovered and the percentages lost shall be shown. The records associated with activities on a lease shall be available to the Director for auditing.
</P>
<P>(i) When special forms or reports other than those referred to in the regulations in this part may be necessary, instructions for the filing of such forms or reports will be given by the Director.


</P>
</DIV8>


<DIV8 N="§ 582.30" NODE="30:2.0.3.5.11.3.277.11" TYPE="SECTION">
<HEAD>§ 582.30   Right of use and easement.</HEAD>
<P>(a) A right of use and easement that includes any area subject to a lease issued or maintained under the Act shall be granted only after the lessee has been notified by the requestor and afforded the opportunity to comment on the request. A holder of a right under a right of use and easement shall exercise that right in accordance with the requirements of the regulations in this part. A right of use and easement shall be exercised only in a manner which does not interfere unreasonably with operations of any lessee on its lease.
</P>
<P>(b) Once a right of use and easement has been exercised, the right shall continue, beyond the termination of any lease on which it may be situated, as long as it is demonstrated to the Director that the right of use and easement is being exercised by the holder of the right and that the right of use and easement continues to serve the purpose specified in the grant. If the right of use and easement extends beyond the termination of any lease on which the right may be situated or if it is situated on an unleased portion of the OCS, the rights of all subsequent lessees shall be subject to such right. Upon termination of a right of use and easement, the holder of the right shall abandon the premises in the same manner that a lessee abandons activities on a lease to the satisfaction of the Director.


</P>
</DIV8>


<DIV8 N="§ 582.31" NODE="30:2.0.3.5.11.3.277.12" TYPE="SECTION">
<HEAD>§ 582.31   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:2.0.3.5.11.4" TYPE="SUBPART">
<HEAD>Subpart D—Payments</HEAD>


<DIV8 N="§ 582.40" NODE="30:2.0.3.5.11.4.277.1" TYPE="SECTION">
<HEAD>§ 582.40   Bonds.</HEAD>
<P>(a) Pursuant to the requirements for a bond in § 581.33 of this title, prior to the commencement of any activity on a lease, the lessee shall submit a surety or personal bond to cover the lessee's royalty and other obligations under the lease as specified in this section.
</P>
<P>(b) All bonds furnished by a lessee or operator must be in a form approved by the Deputy Director. A single copy of the required form is to be executed by the principal or, in the case of surety bonds, by both the principal and an acceptable surety.
</P>
<P>(c) Only those surety bonds issued by qualified surety companies approved by the Department of the Treasury shall be accepted (see Department of Treasury Circular No. 570 and any supplemental or replacement circulars).
</P>
<P>(d) Personal bonds shall be accompanied by a cashier's check, certified check, or negotiable U.S. Treasury bonds of an equal value to the amount specified in the bond. Negotiable Treasury bonds shall be accompanied by a proper conveyance of full authority to the Director to sell such securities in case of default in the performance of the terms and conditions of the lease.
</P>
<P>(e) A bond in the minimum amount of $50,000 to cover the lessee's obligations under the lease shall be submitted prior to the commencement of any activity on a leasehold. A $50,000 bond shall not be required on a lease if the lessee already maintains or furnishes a $300,000 bond conditioned on compliance with the terms of leases for OCS minerals other than oil, gas, and sulphur held by the lessee on the OCS for the area in which the lease is located. A bond submitted pursuant to § 556.58(a) of this chapter may be amended to include the aforementioned condition for compliance. Prior to approval of a Delineation, Testing, or Mining Plan, the bond amount shall be adjusted, if appropriate, to cover the operations and activities described in the proposed plan.
</P>
<P>(f) For the purposes of this section there are three areas:
</P>
<P>(1) The Gulf of America and the area offshore the Atlantic Ocean;
</P>
<P>(2) The area offshore the Pacific Coast States of California, Oregon, Washington, and Hawaii; and
</P>
<P>(3) The area offshore the coast of Alaska.
</P>
<P>(g) A separate bond shall be required for each area. An operator's bond may be submitted for a specific lease(s) in the same amount as the lessee's bond(s) applicable to the lease(s) involved.
</P>
<P>(h) Where, upon a default, the surety makes a payment to the United States of an obligation incurred under a lease, the face amount of the surety bond and the surety's liability thereunder shall be reduced by the amount of such payment.
</P>
<P>(i) After default, the principal shall, within 6 months after notice or within such shorter period as may be fixed by the Director, either post a new bond or increase the existing bond to the amount previously held. In lieu thereof, the principal may, within that time, file separate or substitute bonds for each lease. Failure to meet these requirements may result in a suspension of operations including production on leases covered by such bonds.
</P>
<P>(j) The Director shall not consent to termination of the period of liability of any bond unless an acceptable alternative bond has been filed or until all the terms and conditions of the lease covered by the bond have been met.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 80 FR 57098, Sept. 22, 2015; 90 FR 24072, June 6, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 582.41" NODE="30:2.0.3.5.11.4.277.2" TYPE="SECTION">
<HEAD>§ 582.41   Method of royalty calculation.</HEAD>
<P>In the event that the provisions of royalty management regulations in part 1206 of chapter XII do not apply to the specific commodities produced under regulations in this part, the lessee shall comply with procedures specified in the leasing notice.


</P>
</DIV8>


<DIV8 N="§ 582.42" NODE="30:2.0.3.5.11.4.277.3" TYPE="SECTION">
<HEAD>§ 582.42   Payments.</HEAD>
<P>Rentals, royalties, and other payments due the Federal Government on leases for OCS minerals shall be paid and reports submitted by the payor for a lease in accordance with § 581.26.


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:2.0.3.5.11.5" TYPE="SUBPART">
<HEAD>Subpart E—Appeals</HEAD>


<DIV8 N="§ 582.50" NODE="30:2.0.3.5.11.5.277.1" TYPE="SECTION">
<HEAD>§ 582.50   Appeals.</HEAD>
<P>See 30 CFR part 590 for instructions on how to appeal any order or decision that we issue under this part.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="583" NODE="30:2.0.3.5.12" TYPE="PART">
<HEAD>PART 583—NEGOTIATED NONCOMPETITIVE AGREEMENTS FOR THE USE OF OUTER CONTINENTAL SHELF SAND, GRAVEL, AND/OR SHELL RESOURCES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>43 U.S.C. 1334.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>82 FR 45973, Oct. 3, 2017, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.12.1" TYPE="SUBPART">
<HEAD>Subpart A—General</HEAD>


<DIV8 N="§ 583.100" NODE="30:2.0.3.5.12.1.277.1" TYPE="SECTION">
<HEAD>§ 583.100   What is BOEM's authority for information collection (IC)?</HEAD>
<P>The IC requirements contained in part 583 have been approved by OMB under 44 U.S.C. 3501 and assigned control number 1010-0191. The information is being collected to determine if the applicant for a negotiated noncompetitive agreement (agreement) for the use of sand, gravel, and/or shell resources on the Outer Continental Shelf (OCS) is qualified to enter into such an agreement and to determine if the requested action is warranted. Applicants and parties to an agreement are required to respond to requests related to IC activities.


</P>
</DIV8>


<DIV8 N="§ 583.105" NODE="30:2.0.3.5.12.1.277.2" TYPE="SECTION">
<HEAD>§ 583.105   What is the purpose of this part and to whom does it apply?</HEAD>
<P>The regulations in this part provide procedures for entering into negotiated noncompetitive agreements for the use of OCS sand, gravel, and/or shell resources. The rules of this part apply exclusively to negotiated noncompetitive use of OCS sand, gravel, and/or shell resources and do not apply to competitive leasing of minerals, including oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals that are authorized by an Act of Congress to be produced from “public lands” as defined in section 103 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1701 <I>et seq.</I>).


</P>
</DIV8>


<DIV8 N="§ 583.110" NODE="30:2.0.3.5.12.1.277.3" TYPE="SECTION">
<HEAD>§ 583.110   What is BOEM's authority for this part?</HEAD>
<P>(a) Pursuant to authority granted by section 8(k) of the Outer Continental Shelf Lands Act (OSCLA), as amended (43 U.S.C. 1337(k)), the Secretary has authority to negotiate a noncompetitive agreement for the use of OCS sand, gravel, and/or shell resources:
</P>
<P>(1) In a program of, or project for, shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, State, or local government agency; or
</P>
<P>(2) In a construction project, other than a project described in paragraph (a)(1) of this section, that is funded in whole or in part by or authorized by the Federal Government.
</P>
<P>(b) The Secretary has delegated authority to BOEM to administer the negotiated noncompetitive agreement provisions of OCSLA and prescribe the rules and regulations necessary to carry out those provisions.


</P>
</DIV8>


<DIV8 N="§ 583.115" NODE="30:2.0.3.5.12.1.277.4" TYPE="SECTION">
<HEAD>§ 583.115   What definitions do I need to know?</HEAD>
<P>The definitions at 30 CFR 550.105 apply to this part. In addition, when used in this part, the following terms will have the meaning given below:
</P>
<P><I>Agreement</I> means a negotiated noncompetitive agreement that authorizes a person to use OCS sand, gravel, and/or shell resources in a program of, or project for, shore protection, beach restoration or coastal wetlands restoration undertaken by one or more Federal, state or local government agencies, or in a construction project authorized by, or funded in whole or in part by, the Federal government. The form of the agreement will be a Memorandum of Agreement (if one or more of the parties to the agreement, other than BOEM, is a Federal agency) or a lease (if all of the parties to the agreement other than BOEM are non-Federal agencies or persons).
</P>
<P><I>Amendment</I> means a modification to the agreement between BOEM and the parties to the agreement that extends or modifies the terms of the agreement.
</P>
<P><I>Applicant</I> means any person proposing to use OCS sand, gravel, and/or shell resources for a shore protection, beach restoration or coastal wetlands restoration project undertaken by a Federal, state or local government agency, or a construction project authorized by, or funded in whole or in part by, the Federal Government. If multiple persons or Federal, state, or local governments, other than BOEM, partner on a project they will be considered joint applicants.
</P>
<P><I>BOEM</I> means the Bureau of Ocean Energy Management of the U.S. Department of the Interior (DOI).
</P>
<P><I>Borrow area</I> means the offshore geographic area(s) or region(s) where OCS sand, gravel, and/or shell resources have been identified for potential use in a specific project.
</P>
<P><I>Federal agency</I> means any department, agency, or instrumentality of the United States.
</P>
<P><I>Local government</I> means the governing authority at the county or city level with jurisdiction to administer a particular project(s).
</P>
<P><I>Modification</I> means the process whereby parties to an agreement and BOEM mutually agree to change, alter or amend an existing agreement.
</P>
<P><I>Placement area</I> means the geographic area in which OCS sand, gravel, and/or shell resources, used by agreement, will be placed pursuant to that agreement.
</P>
<P><I>Program</I> means a group of related projects that may be the subject of a negotiated noncompetitive agreement for the use of OCS sand, gravel, and/or shell resources.
</P>
<P><I>Project</I> means an undertaking that may be the subject of a negotiated noncompetitive agreement for the use of OCS sand, gravel, and/or shell resources.
</P>
<P><I>Secretary</I> means the Secretary of the Interior.


</P>
</DIV8>


<DIV8 N="§ 583.120" NODE="30:2.0.3.5.12.1.277.5" TYPE="SECTION">
<HEAD>§ 583.120   Who is qualified for a project?</HEAD>
<P>(a) BOEM may enter into an agreement with any person proposing to use OCS sand, gravel, and/or shell resources for a program of, or project for, shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, state, or local government agency or in a construction project that is funded in whole or in part by or authorized by the Federal Government.
</P>
<P>(b) To request an agreement under this part, the applicant must be:
</P>
<P>(1) A Federal, state, or local government agency;
</P>
<P>(2) A citizen or national of the United States;
</P>
<P>(3) An alien lawfully admitted for permanent residence in the United States, as defined in the Immigration and Nationality Act, as amended (8 U.S.C. 1101(a)(20));
</P>
<P>(4) A private or public corporation organized under the laws of the United States, or of any State or territory thereof; or
</P>
<P>(5) An association of such citizens, nationals, resident aliens, or private or public corporations.
</P>
<P>(c) When entering into an agreement under this part, all applicants are subject to the requirements of 2 CFR part 180 and 2 CFR part 1400.


</P>
</DIV8>


<DIV8 N="§ 583.125" NODE="30:2.0.3.5.12.1.277.6" TYPE="SECTION">
<HEAD>§ 583.125   What are my rights to seek reconsideration of an unfavorable decision by BOEM?</HEAD>
<P>(a) After being notified of disqualification or disapproval of an agreement or modification, an unsuccessful applicant, or adversely affected party to an agreement, may apply for reconsideration by the Director.
</P>
<P>(1) All applications for reconsideration must be submitted to the Director within 15 days of being notified of disqualification or disapproval of an agreement or modification, and must be accompanied by a statement of reasons for the requested reconsideration, with one copy also submitted to the program office whose decision is the subject of the request for reconsideration.
</P>
<P>(2) The Director will respond in writing within 30 days.
</P>
<P>(b) No appeal rights are available under 30 CFR part 590 and 43 CFR part 4, subpart E.


</P>
</DIV8>


<DIV8 N="§ 583.130" NODE="30:2.0.3.5.12.1.277.7" TYPE="SECTION">
<HEAD>§ 583.130   What are the minimum contents of an agreement to use OCS sand, gravel, and/or shell resources?</HEAD>
<P>Any use of OCS sand, gravel, and/or shell resources in an agreement will be negotiated on a case-by-case basis. The agreement will specify, at a minimum, who may use the OCS sand, gravel, and/or shell resources; the nature of the rights granted, including any terms and conditions and environmental stipulations; and the location, type, and volume of OCS sand, gravel, and/or shell resources. An authorization to use OCS sand, gravel, and/or shell resources identified in an agreement is not exclusive; BOEM may allow other entities to use OCS sand, gravel, and/or shell resources from the same borrow area if these uses are determined by BOEM to be non-conflicting and do not exceed the availability of the OCS resource.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.12.2" TYPE="SUBPART">
<HEAD>Subpart B—[Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.12.3" TYPE="SUBPART">
<HEAD>Subpart C—Outer Continental Shelf Sand, Gravel, and/or Shell Resources Negotiated Agreements</HEAD>


<DIV8 N="§ 583.300" NODE="30:2.0.3.5.12.3.277.1" TYPE="SECTION">
<HEAD>§ 583.300   How do I submit a request for an agreement?</HEAD>
<P>Any person may submit a written request to BOEM to obtain an agreement for the use of OCS sand, gravel, and/or shell resources for use in a program of, or project for, shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, state, or local government agency, or in a construction project that is funded in whole or in part by or authorized by the Federal Government.
</P>
<P>(a) The written request must include:
</P>
<P>(1) A detailed description of the proposed project for which the OCS sand, gravel, and/or shell resources will be used and how it qualifies as a program or project eligible under OCSLA to use OCS sand, gravel, or shell resources;
</P>
<P>(2) A description of the proposed borrow area(s) and placement area(s), along with maps with geographic coordinates depicting the location of the desired borrow area(s), the OCS block number(s), OCS Planning Area(s), OCS Protraction Diagram Designation(s), and the placement area(s). These should include:
</P>
<P>(i) A detailed set of digital (e.g., portable document format or pdf) maps with coordinates and navigation features of the desired OCS project area (including borrow area and other project features); and
</P>
<P>(ii) Digital geo-referenced spatial and tabular data depicting the borrow area with features, such as geological sampling locations and any hard or live-bottom benthic habitat present;
</P>
<P>(3) Any available geological and geophysical data used to select, design, and delineate the borrow area(s) and potential borrow areas considered but not selected for final design in digital format, geo-referenced where relevant. These may include:
</P>
<P>(i) Sediment sampling (sediment cores and grab samples) data such as physical description sheets, photographs, core locations, and grain size analysis; and
</P>
<P>(ii) Geophysical data such as subbottom profiler, marine magnetometer, and side-scan sonar data, and bathymetry including geo-referenced navigation survey tracklines, shotpoints, and/or timestamps;
</P>
<P>(4) Any other uses of the OCS or infrastructure in the borrow area that are known to the applicant at the time of application submittal;
</P>
<P>(5) A description of the environmental evaluations and corresponding documents that have been completed or are being prepared that cover all offshore and onshore components of the project, as applicable;
</P>
<P>(6) A target date or date range when the OCS sand, gravel, and/or shell resources will be needed;
</P>
<P>(7) A description of the person or government entities undertaking the project;
</P>
<P>(8) A list of any permits, licenses or authorizations required for the project and their current status;
</P>
<P>(9) A description of any potential inconsistencies with state coastal zone management plans and/or any other applicable state and local statutes, regulations or ordinances;
</P>
<P>(10) The name, title, telephone number, mailing address and email address of any points of contact for any Federal agencies, state, or local governments, and contractor(s) with whom the applicant has contracted or intends to contract;
</P>
<P>(11) A statement explaining who authorized the project and how the project is to be funded, indicating whether the project is federally funded, in whole or in part, and whether the project is authorized by the Federal Government; and
</P>
<P>(12) For any other Federal, state, or local government agency identified in the application, the name, title, mailing address, telephone number, and email address of both a primary and a secondary point of contact for the agency.
</P>
<P>(b) [Reserved]


</P>
</DIV8>


<DIV8 N="§ 583.305" NODE="30:2.0.3.5.12.3.277.2" TYPE="SECTION">
<HEAD>§ 583.305   How will BOEM determine if a project qualifies?</HEAD>
<P>BOEM will make a determination as to whether the project, as described in § 583.300, qualifies for a negotiated noncompetitive agreement for the use of OCS sand, gravel, and/or shell resources. Within 15 business days of receipt of the application, BOEM will determine if the application is complete or will request additional information. After it has determined the application is complete, BOEM will review the application and notify the applicant in writing whether the project qualifies for an agreement. In determining whether a project qualifies for an agreement, BOEM will consider, among other criteria, the following:
</P>
<P>(a) The project purpose;
</P>
<P>(b) Other uses of OCS sand, gravel, and/or shell resources from the same borrow area that are currently or were previously authorized by BOEM for other projects or programs, including the location, type and volume of such resources;
</P>
<P>(c) The project funding source(s) and amounts;
</P>
<P>(d) The proposed design and feasibility of the project;
</P>
<P>(e) Any potential environmental and safety risks associated with the project;
</P>
<P>(f) Other federal interests located near or within the specified borrow area;
</P>
<P>(g) Comments received from potentially affected state or local governments, if any;
</P>
<P>(h) The applicant's background and experience working on similar projects or activities;
</P>
<P>(i) Whether the project operations can be conducted in a manner that protects the environment and promotes orderly development of OCS mineral resources;
</P>
<P>(j) Whether activities can be conducted in a manner that does not pose a threat of serious harm or damage to, or waste of, any natural resource, any life (including fish and other aquatic life), property, or the marine, coastal, or human environment; and
</P>
<P>(k) Whether the project is consistent with the requirements of applicable statutes and their implementing regulations, which may include, but are not limited to, the Endangered Species Act (ESA) (16 U.S.C. 1531 <I>et seq.</I>), the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361 <I>et seq.</I>), the Marine Debris Research, Prevention, and Reduction Act (MDRPRA) (33 U.S.C. 1951 <I>et seq.</I>), the Marine Plastic Pollution Research and Control Act (MPPRCA) (33 U.S.C. 1901 <I>et seq.</I>), the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1381 <I>et seq.</I>), and the International Convention for the Prevention of Pollution from Ships (MARPOL), MARPOL-Annex V Treaty.


</P>
</DIV8>


<DIV8 N="§ 583.310" NODE="30:2.0.3.5.12.3.277.3" TYPE="SECTION">
<HEAD>§ 583.310   What process does BOEM use to technically and environmentally evaluate a qualified project?</HEAD>
<P>(a) Once BOEM has determined a project qualifies for an agreement, BOEM will begin the project evaluation process to decide whether to enter into a negotiated noncompetitive agreement.
</P>
<P>(b) BOEM will coordinate with relevant Federal agencies, State, and local governments and any potentially affected federally recognized Indian tribes or Alaska Native Corporations in the project evaluation.
</P>
<P>(c) BOEM will evaluate the project and additional information provided pursuant to §§ 583.300 and 583.305, to determine if the information is sufficient to conduct necessary technical and environmental reviews to comply with the requirements of applicable statutes and regulations, which may include, but are not limited to: OCSLA (43 U.S.C. 1331 <I>et seq.</I>), the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 <I>et seq.</I>), the ESA (16 U.S.C. 1531 <I>et seq.</I>), the MMPA (16 U.S.C. 1361 <I>et seq.</I>), the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) (16 U.S.C. 1801 <I>et seq.</I>), the National Historic Preservation Act (NHPA) (54 U.S.C. 300101 <I>et seq.</I>), and the Coastal Zone Management Act (CZMA) (16 U.S.C. 1451 <I>et seq.</I>).
</P>
<P>(d) BOEM will not enter into a negotiated noncompetitive agreement with the applicant until the information requested for the evaluation has been provided and BOEM has evaluated it.


</P>
</DIV8>


<DIV8 N="§ 583.315" NODE="30:2.0.3.5.12.3.277.4" TYPE="SECTION">
<HEAD>§ 583.315   What is the process for negotiating and executing an agreement?</HEAD>
<P>(a) Upon completion of the technical, environmental and other evaluations established in §§ 583.305 and 583.310, BOEM will decide whether to enter into a negotiated noncompetitive agreement with the applicant for use of OCS sand, gravel, or shell resources for its proposed project.
</P>
<P>(b) If BOEM decides not to enter into such an agreement, BOEM will inform the applicant of its reasons for not doing so. An applicant may ask the BOEM Director for reconsideration of this decision, in accordance with § 583.125(a).
</P>
<P>(c) If BOEM has decided to enter into a negotiated noncompetitive agreement with the applicant, BOEM will negotiate the terms and conditions of the agreement with the applicant and prepare a draft agreement for the applicant's review.
</P>
<P>(d) After considering comments and suggestions from the applicant, BOEM, at its discretion, may finalize the agreement and distribute it to the applicant for signature.
</P>
<P>(e) Upon receipt of the agreement with the applicant's signature, BOEM will execute the agreement. A copy of the executed agreement will be mailed to the parties.


</P>
</DIV8>


<DIV8 N="§ 583.320" NODE="30:2.0.3.5.12.3.277.5" TYPE="SECTION">
<HEAD>§ 583.320   What kinds of information must be included in an agreement?</HEAD>
<P>Every agreement is negotiated on a case-by-case basis, but at a minimum, must include:
</P>
<P>(a) An agreement number, as assigned by BOEM;
</P>
<P>(b) The purpose of, and authorities for, the agreement;
</P>
<P>(c) Designated and delineated borrow area(s);
</P>
<P>(d) A project description, including the timeframe within which the project is to be started and completed;
</P>
<P>(e) The terms and conditions of the agreement, including any reporting requirements, environmental mitigations, and operating parameters;
</P>
<P>(f) All obligations of the parties; and
</P>
<P>(g) The signatures of appropriate individuals authorized to bind the applicant and BOEM.


</P>
</DIV8>


<DIV8 N="§ 583.325" NODE="30:2.0.3.5.12.3.277.6" TYPE="SECTION">
<HEAD>§ 583.325   What is the effective date of an agreement?</HEAD>
<P>The agreement will become effective on the date when all parties to the agreement have signed it.


</P>
</DIV8>


<DIV8 N="§ 583.330" NODE="30:2.0.3.5.12.3.277.7" TYPE="SECTION">
<HEAD>§ 583.330   How will BOEM enforce the agreement?</HEAD>
<P>(a) Failure to comply with any applicable law or any provision, term, or condition of the agreement may result in the termination of the agreement, a referral to an appropriate Federal or State agency for enforcement, or both. Termination of the agreement for noncompliance will be in the sole discretion of the Director.
</P>
<P>(b) The failure to comply in a timely and satisfactory manner with any provision, term or condition of the agreement may delay or prevent BOEM's approval of future requests for use of OCS sand, gravel, and/or shell resources on the part of the parties to the agreement.


</P>
</DIV8>


<DIV8 N="§ 583.335" NODE="30:2.0.3.5.12.3.277.8" TYPE="SECTION">
<HEAD>§ 583.335   What is the term of the agreement?</HEAD>
<P>(a) An agreement will terminate upon one of the following, whichever occurs first:
</P>
<P>(1) The agreement expires by its own terms, unless the term is extended prior to expiration under § 583.345;
</P>
<P>(2) The project is terminated, as set forth in § 583.350; or
</P>
<P>(3) A party to the agreement notifies BOEM, in writing, that sufficient OCS sand, gravel, and/or shell resources, up to the amount authorized in the agreement, have been obtained to complete the project.
</P>
<P>(b) Absent extraordinary circumstances, no agreement will be for a term longer than five years from its effective date.


</P>
</DIV8>


<DIV8 N="§ 583.340" NODE="30:2.0.3.5.12.3.277.9" TYPE="SECTION">
<HEAD>§ 583.340   What debarment or suspension obligations apply to transactions and contracts related to a project?</HEAD>
<P>The parties to an agreement must ensure that all contracts and transactions related to an agreement issued under this part comply with the suspension and debarment regulations in 2 CFR part 180 and 2 CFR part 1400.


</P>
</DIV8>


<DIV8 N="§ 583.345" NODE="30:2.0.3.5.12.3.277.10" TYPE="SECTION">
<HEAD>§ 583.345   What is the process for extending or modifying an agreement?</HEAD>
<P>(a) Unless otherwise provided for in the agreement, the parties to the agreement may submit to BOEM a written request to extend or modify an agreement. BOEM is under no obligation to extend or modify an agreement and cannot be held liable for the consequences of the expiration of an agreement. With the exception of paragraph (b) of this section, any such requests must be made at least 180 days before the term of the agreement expires. BOEM will respond to the request for modification within 30 days of receipt and request any necessary information and evaluations to comply with § 583.305. BOEM may approve the request, disapprove it, or approve it with modifications subject to the requirements of § 583.305.
</P>
<P>(1) If BOEM approves a request to extend or modify an agreement, BOEM will draft an agreement modification for review by the parties to the agreement in the form of an amendment to the original agreement. The amendment will include:
</P>
<P>(i) The agreement number, as assigned by BOEM;
</P>
<P>(ii) The modification(s) agreed to;
</P>
<P>(iii) Any additional mitigation required; and
</P>
<P>(iv) The signatures of the parties to the agreement and BOEM.
</P>
<P>(2) If BOEM disapproves a request to extend or modify an agreement, BOEM will inform the parties to the agreement of the reasons in writing. Parties to the agreement may ask the BOEM Director for reconsideration in accordance with § 583.125.
</P>
<P>(b) By written request, for strictly minor modifications that do not change the substance of the project or the analyzed environmental effects of the project, including but not limited to, the change of a business address, the substitution of a different Federal, State or local government agency contact, or an extension of less than 30 days, parties to the agreement may memorialize the minor modification in a letter from BOEM to the parties indicating the request has been granted.


</P>
</DIV8>


<DIV8 N="§ 583.350" NODE="30:2.0.3.5.12.3.277.11" TYPE="SECTION">
<HEAD>§ 583.350   When can an agreement be terminated?</HEAD>
<P>(a) The Director will terminate any agreement issued under this part upon proof that it was obtained by fraud or misrepresentation, after notice and an opportunity to be heard has been afforded to the parties of the agreement.
</P>
<P>(b) The Director may immediately suspend and subsequently terminate any agreement issued under this part when:
</P>
<P>(1) There is noncompliance with the agreement, pursuant to § 583.330 (a); or
</P>
<P>(2) It is necessary for reasons of national security or defense; or
</P>
<P>(3) The Director determines that:
</P>
<P>(i) Continued activity under the agreement would cause serious harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
</P>
<P>(ii) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and
</P>
<P>(iii) The advantages of termination outweigh the advantages of continuing the agreement.
</P>
<P>(c) The Director will immediately notify the parties to the agreement of the suspension or termination. The Director will also mail a letter to the parties to the agreement at their record post office address with notice of any suspension or termination and the cause for such action.
</P>
<P>(d) In the event that BOEM terminates an agreement under this section, none of the parties to the agreement will be entitled to compensation as a result of expenses or lost revenues that may result from the termination.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="585" NODE="30:2.0.3.5.13" TYPE="PART">
<HEAD>PART 585—RENEWABLE ENERGY ON THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>43 U.S.C. 1337.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 6430, Jan. 31, 2023, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.13.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 42721, May 15, 2024, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 585.100" NODE="30:2.0.3.5.13.1.310.1" TYPE="SECTION">
<HEAD>§ 585.100   Authority.</HEAD>
<P>The authority for this part derives from section 8 of the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1337). The Secretary of the Interior delegated to the Bureau of Ocean Energy Management (BOEM) the authority to manage the development of energy on the Outer Continental Shelf (OCS) from sources other than oil and gas, including renewable energy, through the issuance of leases, easements, and right-of-way for activities that produce or support the production, transportation, or transmission of energy.




</P>
</DIV8>


<DIV8 N="§ 585.101" NODE="30:2.0.3.5.13.1.310.2" TYPE="SECTION">
<HEAD>§ 585.101   What is the purpose of this part?</HEAD>
<P>The purpose of this part is to:
</P>
<P>(a) Establish procedures for issuance and administration of leases, right-of-way (ROW) grants, and right-of-use and easement (RUE) grants for renewable energy production on the OCS;
</P>
<P>(b) Inform you and third parties of your obligations when you undertake activities authorized in this part; and
</P>
<P>(c) Ensure that renewable energy activities on the OCS are conducted in a safe and environmentally sound manner, in conformance with the requirements of subsection 8(p) of the OCS Lands Act, other applicable laws and regulations, and the terms of your lease, ROW grant, or RUE grant.
</P>
<P>(d) This part will not convey access rights for oil, gas, or other minerals.




</P>
</DIV8>


<DIV8 N="§ 585.102" NODE="30:2.0.3.5.13.1.310.3" TYPE="SECTION">
<HEAD>§ 585.102   What are BOEM's responsibilities under this part?</HEAD>
<P>(a) BOEM will ensure that any activities authorized in this part are carried out in a manner that provides for and reaches a rational balance among the following goals to the extent they conflict or are otherwise in tension, none of which inherently outweighs or supplants any other:
</P>
<P>(1) Safety;
</P>
<P>(2) Protection of the environment;
</P>
<P>(3) Prevention of waste, including economic waste and physical waste of energy resources from sources other than oil and gas;
</P>
<P>(4) Conservation of the natural resources of the OCS;
</P>
<P>(5) Coordination with relevant Federal agencies (including, in particular, those agencies involved in planning activities that are undertaken to avoid conflicts among users and to maximize the economic and ecological benefits of the OCS, including multifaceted spatial planning efforts);
</P>
<P>(6) Protection of national security interests of the United States;
</P>
<P>(7) Protection of the rights of other authorized users of the OCS;
</P>
<P>(8) A fair return to the United States;
</P>
<P>(9) Prevention of interference with reasonable uses of the exclusive economic zone, the high seas, and the territorial seas (as determined by the Secretary);
</P>
<P>(10) Consideration of the location of and any schedule relating to a lease or grant under this part for an area of the OCS, and any other use of the sea or seabed;
</P>
<P>(11) Public notice and comment on any proposal submitted for a lease or grant under this part; and
</P>
<P>(12) Oversight, research, monitoring, and enforcement of activities authorized by a lease or grant under this part.
</P>
<P>(b) BOEM will require compliance with all applicable laws, regulations, other requirements, and the terms of your lease or grant and approved plans under this part. BOEM will approve, disapprove, or approve with conditions any plans, applications, or other documents submitted to BOEM for approval under the provisions of this part.
</P>
<P>(c) Unless otherwise provided in this part, BOEM may give oral directives or decisions whenever prior BOEM approval is required under this part. BOEM will document in writing any such oral directives within 10 business days.
</P>
<P>(d) BOEM will establish practices and procedures to govern the collection of all payments due to the Federal Government required under the regulations of this part, including any cost recovery fees, rents, operating fees, and other fees or payments. BOEM will do this in accordance with the terms of this part, the leasing notice, the lease or grant under this part, and applicable Office of Natural Resources Revenue (ONRR) regulations or guidance.
</P>
<P>(e) BOEM will provide for coordination and consultation with the Governor of any State, the executive of any local government, and the executive of any Indian Tribe that may be affected by a lease, easement, or ROW under this section. BOEM may invite any affected State Governor, representative of an affected Indian Tribe, and affected local government executive to join in establishing a task force or other joint planning or coordination agreement in carrying out our responsibilities under this part.




</P>
</DIV8>


<DIV8 N="§ 585.103" NODE="30:2.0.3.5.13.1.310.4" TYPE="SECTION">
<HEAD>§ 585.103   When may BOEM prescribe or approve departures from the regulations in this part?</HEAD>
<P>(a) BOEM may prescribe or approve departures from the provisions of this part when BOEM deems the departure necessary because the applicable provisions as applied to a specific circumstance:
</P>
<P>(1) Are impractical or unduly burdensome and the departure is necessary to achieve the intended objectives of the renewable energy program;
</P>
<P>(2) Fail to conserve the natural resources of the OCS;
</P>
<P>(3) Fail to protect life (including human and wildlife), property, or the marine, coastal, or human environment; or
</P>
<P>(4) Fail to protect sites, structures, or objects of historical or archaeological significance.
</P>
<P>(b) Any departure approved under this section and its rationale must:
</P>
<P>(1) Be consistent with subsection 8(p) of the OCS Lands Act;
</P>
<P>(2) Protect the environment and the public health and safety to the same degree as if there was no approved departure from this part;
</P>
<P>(3) Not impair the rights of third parties; and
</P>
<P>(4) Be documented in writing.




</P>
</DIV8>


<DIV8 N="§ 585.104" NODE="30:2.0.3.5.13.1.310.5" TYPE="SECTION">
<HEAD>§ 585.104   Do I need a BOEM lease or other authorization to produce or support the production of electricity or other energy product from a renewable energy resource on the OCS?</HEAD>
<P>Except as otherwise authorized by law, it is unlawful for any person to construct, operate, or maintain any facility to produce, transport, or support generation of electricity or other energy product derived from a renewable energy resource on any part of the OCS, except in accordance with the terms of a lease, easement, or ROW issued under the OCS Lands Act.




</P>
</DIV8>


<DIV8 N="§ 585.105" NODE="30:2.0.3.5.13.1.310.6" TYPE="SECTION">
<HEAD>§ 585.105   What are my responsibilities under this part?</HEAD>
<P>As a lessee, applicant, operator, or holder of a ROW or RUE grant, you must:
</P>
<P>(a) Design your projects and conduct all activities in a manner that ensures safety and will not cause undue harm or damage to natural resources, including their physical, atmospheric, and biological components to the extent practicable; and take measures to prevent unauthorized discharge of pollutants including marine trash and debris into the offshore environment;
</P>
<P>(b) Submit requests, applications, plans, notices, modifications, and supplemental information to BOEM as required by this part;
</P>
<P>(c) Follow up, in writing, any oral request or notification you made, within 3 business days;
</P>
<P>(d) Comply with all applicable laws and regulations, the terms of your lease or grant under this part, reports, notices, and approved plans prepared under this part, and any conditions imposed by BOEM through its review of any of these reports, notices, and approved plans, as provided in this part;
</P>
<P>(e) Make all applicable payments on time;
</P>
<P>(f) Comply with the DOI's nonprocurement debarment regulations at 2 CFR part 1400;
</P>
<P>(g) Include the requirement to comply with 2 CFR part 1400 in all contracts and transactions related to a lease or grant under this part;
</P>
<P>(h) Conduct all activities authorized by the lease or grant in a manner consistent with the provisions of subsection 8(p) of the OCS Lands Act;
</P>
<P>(i) Compile, retain, and make available to BOEM representatives, within the time specified by BOEM, any data and information related to the site assessment, design, and operations of your project; and
</P>
<P>(j) Respond to requests from the Director in a timely manner.




</P>
</DIV8>


<DIV8 N="§ 585.106" NODE="30:2.0.3.5.13.1.310.7" TYPE="SECTION">
<HEAD>§ 585.106   What happens if I fail to comply with this part?</HEAD>
<P>(a) BOEM may take appropriate corrective action under this part if you fail to comply with applicable provisions of Federal law, the regulations in this part, other applicable regulations, any order of the Director, the provisions of a lease or grant issued under this part, or the requirements of an approved plan or other approval under this part.
</P>
<P>(b) BOEM may issue to you a notice of noncompliance if we determine that there has been a violation of the regulations in this part, any order of the Director, or any provision of your lease, grant, or other approval issued under this part. When issuing a notice of noncompliance, BOEM will serve you at your last known address.
</P>
<P>(c) A notice of noncompliance will tell you how you failed to comply with this part, any order of the Director and/or the provisions of your lease, grant or other approval, and will specify what you must do to correct the noncompliance and the time limits within which you must act.
</P>
<P>(d) Failure of a lessee, operator, or grant holder to take the actions specified in a notice of noncompliance issued under this part within the time limit specified provides the basis for issuance of a cessation order by BSEE, as provided in 30 CFR 285.401 and/or cancellation of the lease or grant by the Secretary as provided in § 585.422.
</P>
<P>(e) BOEM may assess civil penalties, as authorized by section 24 of the OCS Lands Act and as determined under the procedures set forth in 30 CFR part 550, subpart N, if you fail to comply with any provision of this part or any term of a lease, grant, or order issued under the authority of this part:
</P>
<P>(1) After notice of such failure and expiration of any reasonable period allowed for corrective action; or
</P>
<P>(2) BOEM determines that the failure constitutes, or constituted, a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, or the marine, coastal, or human environment.




</P>
</DIV8>


<DIV8 N="§ 585.107" NODE="30:2.0.3.5.13.1.310.8" TYPE="SECTION">
<HEAD>§ 585.107   Who can acquire or hold a lease or grant under this part?</HEAD>
<P>(a) You may acquire or hold a lease or grant under this part if you can demonstrate that you have the technical and financial capabilities to conduct the activities authorized by the lease or grant and you are a(n):
</P>
<P>(1) Citizen or national of the United States;
</P>
<P>(2) Alien lawfully admitted for permanent residence in the United States as defined in 8 U.S.C. 1101(a)(20);
</P>
<P>(3) Private, public, or municipal corporations organized under the laws of any State of the United States, the District of Columbia, or any territory or insular possession subject to U.S. jurisdiction;
</P>
<P>(4) Association of such citizens, nationals, resident aliens, or corporations;
</P>
<P>(5) Executive agency of the United States as defined in 5 U.S.C. 105;
</P>
<P>(6) State of the United States; or
</P>
<P>(7) Political subdivision of a State of the United States.
</P>
<P>(b) You may not acquire or hold a lease or grant under this part or acquire an interest in a lease or grant under this part if:
</P>
<P>(1) You or your principals are excluded or disqualified from participating in transactions covered by the Federal nonprocurement debarment and suspension system (2 CFR part 1400), unless BOEM explicitly has approved an exception for this transaction;
</P>
<P>(2) BOEM determines or has previously determined after notice and opportunity for a hearing that you or your principals have failed to meet or exercise due diligence under any OCS lease or grant; or
</P>
<P>(3) After written notice and your opportunity to be heard, BOEM determines that:
</P>
<P>(i) You no longer meet the qualification requirements for acquiring or holding a lease or grant in paragraph (a) of this section.
</P>
<P>(ii) You have:
</P>
<P>(A) Violated an applicable law, regulation, order, lease or grant provision, approved plan, or the prohibitions prescribed in a final sale notice; or otherwise engaged in illegal activity, anti-competitive or collusive behavior, fraud, or misrepresentation; and
</P>
<P>(B) Failed to take timely remedial action as specified in the written notice provided by BOEM of the basis for the disqualification.
</P>
<P>(c) As long as a party is excluded or disqualified from acquiring or holding a lease or grant under this part, it is also ineligible to participate in BOEM's competitive and noncompetitive lease or grant issuance processes, including auctions, conducted under this part, even as an agent for another entity. A party can restore its eligibility by completing the remedial action specified in the notice of the proposed disqualification.
</P>
<P>(d) You may share ownership interests in a lease with one or more other persons, provided that all interest holders in the lease are eligible to hold a lease pursuant to this section and § 585.108.




</P>
</DIV8>


<DIV8 N="§ 585.108" NODE="30:2.0.3.5.13.1.310.9" TYPE="SECTION">
<HEAD>§ 585.108   How do I show that I am qualified to be a lessee or grant holder?</HEAD>
<P>(a) You must demonstrate your technical and financial capability to construct, operate, maintain, and terminate/decommission projects for which you are requesting authorization. Documentation can include:
</P>
<P>(1) Descriptions of international or domestic experience with renewable energy projects or other types of electric-energy-related projects; and
</P>
<P>(2) Information establishing access to sufficient capital to carry out development.
</P>
<P>(b) An individual must submit a written statement of citizenship status attesting to U.S. citizenship. It does not need to be notarized nor give the age of individual. A resident alien may submit a photocopy of the U.S. Citizenship and Immigration Services form issued by the appropriate Federal immigration authority evidencing legal status as a resident alien.
</P>
<P>(c) A corporation or association must submit evidence, as specified in the table in paragraph (d) of this section, acceptable to BOEM that:
</P>
<P>(1) It is qualified to hold leases or grants under this part;
</P>
<P>(2) It is authorized to conduct business under the laws of its State;
</P>
<P>(3) It is authorized to hold leases or grants on the OCS under the operating rules of its business; and
</P>
<P>(4) The persons holding the titles listed are authorized to bind the corporation or association when conducting business with BOEM.
</P>
<P>(d) Acceptable evidence under paragraph (c) of this section includes, but is not limited to the following:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Requirements to qualify to hold leases or grants on the OCS:
</TH><TH class="gpotbl_colhed" scope="col">Corp.
</TH><TH class="gpotbl_colhed" scope="col">Ltd.


<br/>prtnsp.
</TH><TH class="gpotbl_colhed" scope="col">Gen.


<br/>prtnsp.
</TH><TH class="gpotbl_colhed" scope="col">LLC
</TH><TH class="gpotbl_colhed" scope="col">Trust
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Original certificate or certified copy from the State of incorporation stating the name of the corporation exactly as it must appear on all legal documents</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Certified statement by Secretary/Assistant Secretary over corporate seal, certifying that the corporation is authorized to hold OCS leases</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Evidence of authority of titled positions to bind corporation, certified by Secretary/Assistant Secretary over corporate seal, including the following:</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(i) Certified copy of resolution of the board of directors with titles of officers authorized to bind corporation</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(ii) Certified copy of resolutions granting corporate officer authority to issue a power of attorney</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(iii) Certified copy of power of attorney or certified copy of resolution granting power of attorney</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Original certificate or certified copy of partnership or organization paperwork registering with the appropriate State official</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Copy of articles of partnership or organization evidencing filing with appropriate Secretary of State, certified by Secretary/Assistant Secretary of partnership or member or manager of LLC</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Original certificate or certified copy evidencing State where partnership or LLC is registered. Statement of authority to hold OCS leases, certified by Secretary/Assistant Secretary, <E T="03">OR</E> original paperwork registering with the appropriate State official</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Statements from each partner or LLC member indicating the following:</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(i) If a corporation or partnership, statement of State of organization and authorization to hold OCS leases, certified by Secretary/Assistant Secretary over corporate seal, if a corporation</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(ii) If an individual, a statement of citizenship</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Statement from general partner, certified by Secretary/Assistant Secretary that:</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(i) Each individual limited partner is a U.S. citizen and;</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(ii) Each corporate limited partner or other entity is incorporated or formed and organized under the laws of a U.S. State or territory</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Evidence of authority to bind partnership or LLC, if not specified in partnership agreement, articles of organization, or LLC regulations, <E T="03">i.e.,</E> certificates of authority from Secretary/Assistant Secretary reflecting authority of officers</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Listing of members of LLC certified by Secretary/Assistant Secretary or any member or manager of LLC</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Copy of trust agreement or document establishing the trust and all amendments, properly certified by the trustee with reference to where the original documents are filed</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Statement indicating the law under which the trust is established and that the trust is authorized to hold OCS leases or grants</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD></TR></TABLE></DIV></DIV>
<P>(e) A local, State, or Federal executive entity must submit a written statement that:
</P>
<P>(1) It is qualified to hold leases or grants under this part; and
</P>
<P>(2) The person(s) acting on behalf of the entity is authorized to bind the entity when conducting business with us.
</P>
<P>(f) BOEM may require you to submit additional information at any time considering your bid or request for a noncompetitive lease.




</P>
</DIV8>


<DIV8 N="§ 585.109" NODE="30:2.0.3.5.13.1.310.10" TYPE="SECTION">
<HEAD>§ 585.109   When must I notify BOEM if an action has been filed alleging that I am insolvent or bankrupt?</HEAD>
<P>You must notify BOEM within 3 business days after you learn of any action filed alleging that you are insolvent or bankrupt.




</P>
</DIV8>


<DIV8 N="§ 585.110" NODE="30:2.0.3.5.13.1.310.11" TYPE="SECTION">
<HEAD>§ 585.110   When must I notify BOEM of mergers, name changes, or changes of business form?</HEAD>
<P>You must notify BOEM in writing of any merger, name change, or change of business form. You must notify BOEM as soon as practicable following the merger, name change, or change in business form, but no later than 120 days after the earliest of either the effective date, or the date of filing the change or action with the Secretary of the State or other authorized official in the State of original registry.




</P>
</DIV8>


<DIV8 N="§ 585.111" NODE="30:2.0.3.5.13.1.310.12" TYPE="SECTION">
<HEAD>§ 585.111   How do I submit plans, applications, reports, or notices required by this part?</HEAD>
<P>Unless otherwise stated, you must submit one electronic copy of all plans, applications, reports, or notices required by this part to BOEM. BOEM will inform you if it requires paper copies of specific documents. Unless stated otherwise, documents should be submitted to the relevant contacts listed on the BOEM website.




</P>
</DIV8>


<DIV8 N="§ 585.112" NODE="30:2.0.3.5.13.1.310.13" TYPE="SECTION">
<HEAD>§ 585.112   When and how does BOEM charge me processing fees on a case-by-case basis?</HEAD>
<P>(a) BOEM will charge a processing fee on a case-by-case basis under the procedures in this section with regard to any application or request under this part if we decide at any time that the preparation of a particular document or study is necessary for the application or request and it will have a unique processing cost, such as the preparation of an Environmental Assessment (EA) or Environmental Impact Statement (EIS).
</P>
<P>(1) Processing costs will include contract oversight and efforts to review and approve documents prepared by contractors, whether the contractor is paid directly by the applicant or through BOEM.
</P>
<P>(2) We may apply a standard overhead rate to direct processing costs.
</P>
<P>(b) We will assess the ongoing processing fee for each individual application or request according to the following procedures:
</P>
<P>(1) Before we process your application or request, we will give you a written estimate of the proposed fee based on reasonable processing costs.
</P>
<P>(2) You may comment on the proposed fee.
</P>
<P>(3) You may:
</P>
<P>(i) Ask for our approval to perform, or to directly pay a contractor to perform, all or part of any document, study, or other activity according to standards we specify, thereby reducing our costs for processing your application or request; or
</P>
<P>(ii) Ask to pay us to perform, or contract for, all or part of any document, study, or other activity.
</P>
<P>(4) We will then give you the final estimate of the processing fee amount with payment terms and instructions after considering your comments and any BOEM-approved work you will do.
</P>
<P>(i) If we encounter higher or lower processing costs than anticipated, we will re-estimate our reasonable processing costs following the procedures in paragraphs (b)(1) through (4) of this section, but we will not stop ongoing processing unless you do not pay in accordance with paragraph (b)(5) of this section.
</P>
<P>(ii) Once processing is complete, we will refund to you the amount of money that we did not spend on processing costs.
</P>
<P>(5) Consistent with the payment and billing terms provided in the final estimate, we will periodically estimate what our reasonable processing costs will be for a specific period and will bill you for that period. Payment is due to us 30 days after you receive your bill. We will stop processing your document if you do not pay the bill by the date payment is due. If a periodic payment turns out to be more or less than our reasonable processing costs for the period, we will adjust the next billing accordingly or make a refund. Do not deduct any amount from a payment without our prior written approval.
</P>
<P>(6) You must pay the entire fee before we will issue the final document or take final action on your application or request.
</P>
<P>(7) You may appeal our estimated processing costs in accordance with the regulations in § 585.118 and 43 CFR part 4. We will not process the document further until the appeal is resolved, unless you pay the fee under protest while the appeal is pending. If the appeal results in a decision changing the proposed fee, we will adjust the fee in accordance with this section. If we adjust the fee downward, we will not pay interest.




</P>
</DIV8>


<DIV8 N="§ 585.113" NODE="30:2.0.3.5.13.1.310.14" TYPE="SECTION">
<HEAD>§ 585.113   Definitions.</HEAD>
<P>Terms used in this part have the meanings as defined in this section:
</P>
<P><I>Affected local government</I> means with respect to any activities proposed, conducted, or approved under this part or 30 CFR part 285, any locality:
</P>
<P>(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing electricity or other energy product, or is otherwise receiving, processing, refining, or transshipping product, or services derived from activities approved under this part or 30 CFR part 285;
</P>
<P>(2) That is used, or is proposed to be used, as a support base for activities approved under this part or 30 CFR part 285; or
</P>
<P>(3) In which there is a reasonable probability of significant effect on land or water uses from activities approved under this part, or 30 CFR part 285.
</P>
<P><I>Affected State</I> means with respect to any activities proposed, conducted, or approved under this part or 30 CFR part 285, any coastal State—
</P>
<P>(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing energy or is otherwise receiving, processing, refining, or transshipping products, or services derived from activities approved under this part or 30 CFR part 285;
</P>
<P>(2) That is used, or is scheduled to be used, as a support base for activities approved under this part or 30 CFR part 285; or
</P>
<P>(3) In which there is a reasonable probability of significant effect on land or water uses from activities approved under this part or 30 CFR part 285.
</P>
<P><I>Archaeological resource</I> means any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest (<I>i.e.,</I> which are capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation).
</P>
<P><I>Best available and safest technology</I> means the best available and safest technologies that BOEM determines to be economically feasible wherever failure of equipment would have a significant effect on safety, health, or the environment.
</P>
<P><I>Best management practices</I> mean practices recognized within their respective industry, or by government, as one of the best for achieving the desired output while reducing undesirable outcomes.
</P>
<P><I>Bidding credits</I> means the value assigned by BOEM, expressed in monetary terms, to the factors or actions demonstrated, or committed to, by a bidder at a BOEM lease auction during the competitive lease award process. The type(s) and value(s) of any bidding credit(s) awarded to any given bidder will be set forth in the Final Sale Notice.
</P>
<P><I>BOEM</I> means Bureau of Ocean Energy Management of the Department of the Interior.
</P>
<P><I>BSEE</I> means Bureau of Safety and Environmental Enforcement of the Department of the Interior.
</P>
<P><I>Certified Verification Agent (CVA)</I> means an individual or organization, experienced in the design, fabrication, and installation of offshore marine facilities or structures, who will conduct specified third-party reviews, inspections, and verifications in accordance with 30 CFR part 285.
</P>
<P><I>Coastal environment</I> means the physical atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone.
</P>
<P><I>Coastline</I> means the same as the term “coast line” in section 2 of the Submerged Lands Act (43 U.S.C. 1301(c)).
</P>
<P><I>Commercial activities</I> means, under renewable energy leases and grants, all activities associated with the generation, storage, or transmission of electricity or other energy product from a renewable energy project on the OCS, and for which such electricity or other energy product is intended for distribution, sale, or other commercial use, except for electricity or other energy product distributed or sold pursuant to technology-testing activities on a limited lease. This term also includes activities associated with all stages of development, including initial site characterization and assessment, facility construction, and project decommissioning.
</P>
<P><I>Commercial lease</I> means a lease issued under this part that specifies the terms and conditions under which a person can conduct commercial activities.
</P>
<P><I>Commercial operations</I> means the generation of electricity or other energy product for commercial use, sale, transmission, or distribution from a commercial lease.
</P>
<P><I>Critical Safety Systems and Equipment</I> means safety systems and equipment designed to prevent or ameliorate fire, spillages, or other major accidents that could result in harm to health, safety, or the environment in the area of your facilities.
</P>
<P><I>Decommissioning</I> means removing BOEM and BSEE approved facilities and returning the site of the lease or grant to a condition that meets the requirements under subpart I of 30 CFR part 285.
</P>
<P><I>Director</I> means the Director of BOEM, or an official authorized to act on the Director's behalf.
</P>
<P><I>Distance</I> means the minimum great circle distance.
</P>
<P><I>Eligible State</I> means a coastal State having a coastline (measured from the nearest point) no more than 15 miles from the geographic center of a qualified project area.
</P>
<P><I>Fabrication</I> means the cutting, fitting, welding, or other assembly of project elements.
</P>
<P><I>Facility</I> means an installation that is permanently or temporarily attached to the seabed of the OCS. Facilities include any structures; devices; appurtenances; gathering, transmission, and distribution cables; pipelines; and permanently moored vessels. Any group of OCS installations interconnected with walkways, or any group of installations that includes a central or primary installation with one or more satellite or secondary installations, is a single facility. BOEM and BSEE may decide that the complexity of the installations justifies their classification as separate facilities.
</P>
<P><I>Geographic center of a project</I> means the centroid (geometric center point) of a qualified project area. The centroid represents the point that is the weighted average of coordinates of the same dimension, with the weights determined by a density function. For example, in the case of a project area shaped as a rectangle or other parallelogram, the geographic center would be that point where lines between opposing corners intersect. The geographic center of a project could be outside the project area itself if that area is irregularly shaped.
</P>
<P><I>Governor</I> means the Governor of a State or the person or entity lawfully designated by or under State law to exercise the powers granted to a Governor.
</P>
<P><I>Grant</I> means a right-of-way or a right-of-use and easement issued under the provisions of this part.
</P>
<P><I>Human environment</I> means the physical, social, and economic components, conditions, and factors that interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
</P>
<P><I>Lease</I> means an agreement authorizing the use of a designated portion of the OCS for activities allowed under this part. The term also means the area covered by that agreement, when the context requires.
</P>
<P><I>Lease area</I> means an area on the OCS that BOEM has identified for leasing for potential development of renewable energy resources.
</P>
<P><I>Lessee</I> means the holder of a lease, a BOEM-approved assignee, and, when describing the conduct required of parties engaged in activities on the lease, it also refers to the operator and all persons authorized by the holder of the lease or operator to conduct activities on the lease.
</P>
<P><I>Limited lease</I> means a lease issued under this part that specifies the terms and conditions under which a person may conduct activities on the OCS that support the production of energy, but do not result in the production of electricity or other energy product for sale, distribution, or other commercial use exceeding a limit specified in the lease.
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the marine ecosystem. These include the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the OCS.
</P>
<P><I>Miles</I> means nautical miles, as opposed to statute miles.
</P>
<P><I>Multiple factor auction</I> means an auction that involves the use of bidding credits to incentivize goals or actions that support public policy objectives or maximize public benefits through the competitive leasing auction process. For any multiple factor auction, the monetary value of the bidding credits, if any, would be added to the value of the cash bid to determine the highest bidder.
</P>
<P><I>Natural resources</I> include, without limiting the generality thereof, renewable energy, oil, gas, and all other minerals (as defined in section 2(q) of the OCS Lands Act), and marine animal and marine plant life.
</P>
<P><I>Operator</I> means the individual, corporation, or association having control or management of activities on the lease or grant under this part. The operator may be a lessee, grant holder, or a contractor designated by the lessee or holder of a grant issued under this part.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), whose subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States and does not include any area conveyed by Congress to a territorial government for administration.
</P>
<P><I>Person</I> means, in addition to a natural person, an association (including partnerships and joint ventures); a Federal agency; a State; a political subdivision of a State; a Native American Tribal government; or a private, public, or municipal corporation.
</P>
<P><I>Project,</I> for the purposes of defining the source of revenues to be shared, means a lease, ROW, RUE, or Alternate Use RUE on which the activities authorized under this part and/or 30 CFR part 285 or 586 are conducted on the OCS. The term “project” may be used elsewhere in this part to refer to these same authorized activities, the facilities used to conduct these activities, or to the geographic area of the project, <I>i.e.,</I> the project area.
</P>
<P><I>Project area</I> means the geographic surface leased, or granted, for the purpose of a specific project. If OCS acreage is granted for a project under some form of agreement other than a lease (<I>i.e.,</I> a ROW or RUE), the Federal acreage granted would be considered the project area. To avoid distortions in the calculation of the geometric center of the project area, project easements issued under this part are not considered part of the qualified project's area.
</P>
<P><I>Project Design Envelope (PDE)</I> means a reasonable range of design parameters proposed in a lessee's plan for components of the project, such as type, dimensions, and number of wind turbine generators; foundation type; location of the export cable route; location of an onshore substation; location of the grid connection point; and construction methods and timing.
</P>
<P><I>Project easement</I> means an easement to which, upon approval of your Construction and Operations Plan (COP) or General Activities Plan (GAP), you are entitled as part of the lease for the purpose of installing, maintaining, repairing and replacing: gathering, transmission, and distribution, and inter-array cables; power and pumping stations; facility anchors; pipelines; and associated facilities and other appurtenances on the OCS as necessary for the full enjoyment of the lease.
</P>
<P><I>Provisional winner</I> means a bidder that BOEM determines at the conclusion of the auction to have submitted the winning bid. The provisional winner becomes the winning bidder after the favorable completion of BOEM's bid review, Department of Justice antitrust review, bidder obligations under § 585.225(b), and any appeals process under § 585.118(c).
</P>
<P><I>Receipt,</I> as used in this part to describe the time when a document is received by any party in the absence of documentation to the contrary, is deemed to have taken place:
</P>
<P>(1)(i) Five (5) business days after the date the document was given to the U.S. Postal Service (or deposited in one of its mailboxes), properly addressed and with proper postage affixed, or was given to a delivery service (or deposited in one of its receptacles), properly addressed and with the delivery cost prepaid; or
</P>
<P>(ii) On the date on which the document was properly addressed and sent electronically.
</P>
<P>(2) This definition also applies to variants of the words “receipt” and “receive” where those terms are used in this part to describe the receipt of a document when the timing of receipt triggers a regulatory time period or consequence.
</P>
<P><I>Renewable Energy</I> means energy resources other than oil and gas and minerals as defined in 30 CFR part 580. Such resources include, but are not limited to, wind, solar, and ocean waves, tides, and current.
</P>
<P><I>Revenues</I> mean bonuses, rents, operating fees, and similar payments made in connection with a project or project area. It does not include administrative fees such as those assessed for cost recovery, civil penalties, and forfeiture of financial assurance.
</P>
<P><I>Right-of-use and easement (RUE) grant</I> means an easement issued by BOEM under this part that authorizes use of a designated portion of the OCS to support activities on a lease or other use authorization for renewable energy activities. The term also means the area covered by the authorization.
</P>
<P><I>Right-of-way (ROW) grant</I> means an authorization issued by BOEM under this part to use a portion of the OCS for the construction and use of a cable or pipeline for the purpose of gathering, transmitting, distributing, or otherwise transporting electricity or other energy product generated or produced from renewable energy, but does not constitute a project easement under this part. The term also means the area c

overed by the authorization.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
</P>
<P><I>Significant archaeological resource</I> means an archaeological resource that meets the criteria of significance for eligibility for listing in the National Register of Historic Places, as defined in 36 CFR 60.4.
</P>
<P><I>Site assessment activities</I> mean those initial activities conducted to assess an area on the OCS, such as resource assessment surveys (<I>e.g.,</I> meteorological and oceanographic) or technology testing, involving the installation of bottom-founded facilities.
</P>
<P><I>We, us,</I> and <I>our</I> refer to BOEM, or its possessive, depending on the context.
</P>
<P><I>You</I> and <I>your</I> means an applicant, lessee, the operator, or designated operator, ROW grant holder or RUE grant holder under this part, or the designated agent of any of these, or the possessive of each, depending on the context. The terms <I>you</I> and <I>your</I> also include contractors and subcontractors of the entities specified in the preceding sentence.




</P>
</DIV8>


<DIV8 N="§ 585.114" NODE="30:2.0.3.5.13.1.310.15" TYPE="SECTION">
<HEAD>§ 585.114   How will data and information obtained by BOEM under this part be disclosed to the public?</HEAD>
<P>(a) BOEM will make data and information available in accordance with the requirements and subject to the limitations of the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the regulations contained in 43 CFR part 2.
</P>
<P>(b) BOEM will not release such data and information that we have determined is exempt from disclosure under exemption 4 of FOIA. We will review such data and information and objections of the submitter by the following schedule to determine whether release at that time will result in substantial competitive harm or disclosure of trade secrets.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If you have a . . .
</TH><TH class="gpotbl_colhed" scope="col">Then BOEM will review data and information for possible


<br/>release:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Commercial lease</TD><TD align="left" class="gpotbl_cell">At the earlier of:


<br/>(i) 3 years after the commencement of commercial operations; or

<br/>(ii) 3 years after the lease terminates.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Limited lease</TD><TD align="left" class="gpotbl_cell">At 3 years after the lease terminates.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) ROW or RUE grant</TD><TD align="left" class="gpotbl_cell">At the earliest of:


<br/>(i) 10 years after the approval of the grant;

<br/>(ii) Grant termination; or

<br/>(iii) 3 years after the completion of construction activities.</TD></TR></TABLE></DIV></DIV>
<P>(c) After considering any objections from the submitter, if we determine that release of such data and information will result in:
</P>
<P>(1) No substantial competitive harm or disclosure of trade secrets, then the data and information will be released.
</P>
<P>(2) Substantial competitive harm or disclosure of trade secrets, then the data and information will not be released at that time but will be subject to further review every 3 years thereafter.




</P>
</DIV8>


<DIV8 N="§ 585.115" NODE="30:2.0.3.5.13.1.310.16" TYPE="SECTION">
<HEAD>§ 585.115   Paperwork Reduction Act statements—information collection.</HEAD>
<P>(a) The Office of Management and Budget (OMB) has approved the information collection requirements in this part under 44 U.S.C. 3501, <I>et seq.,</I> and assigned OMB Control Number 1010-0176. The table in paragraph (e) of this section lists the subparts in the rule requiring the information and its title, summarizes the reasons for collecting the information, and summarizes how BOEM uses the information.
</P>
<P>(b) Respondents are primarily renewable energy applicants, lessees, ROW grant holders, RUE grant holders, Alternate Use RUE grant holders, and operators. The requirement to respond to the information collection in this part is mandated under subsection 8(p) of the OCS Lands Act. Some responses are also required to obtain or retain a benefit or may be voluntary.
</P>
<P>(c) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 <I>et seq.</I>) requires us to inform the public that an agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Comments regarding any aspect of the collections of information under this part, including suggestions for reducing the burden, should be sent to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.
</P>
<P>(e) BOEM is collecting this information for the reasons given in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">30 CFR 585 subpart and title
</TH><TH class="gpotbl_colhed" scope="col">Reasons for collecting information and how used
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Subpart A—General Provisions</TD><TD align="left" class="gpotbl_cell">To inform BOEM of actions taken to comply with general operational requirements on the OCS. To ensure that operations on the OCS meet statutory and regulatory requirements, are safe and protect the environment, and result in diligent development on OCS leases.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Subpart B—The Renewable Energy Leasing Schedule</TD><TD align="left" class="gpotbl_cell">To enable BOEM to publish a proposed five-year leasing schedule for the OCS renewable energy program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Subpart C—Issuance of OCS Renewable Energy Leases</TD><TD align="left" class="gpotbl_cell">To provide BOEM with information needed to determine when to use a competitive process for issuing a renewable energy lease, to identify auction formats and bidding systems and variables that we may use when that determination is affirmative, and to determine the terms under which we will issue renewable energy leases.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Subpart D—ROW Grants and RUE Grants for Renewable Energy Activities</TD><TD align="left" class="gpotbl_cell">To issue ROW grants and RUE grants for OCS renewable energy activities that are not associated with a BOEM-issued renewable energy lease.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Subpart E—Lease and Grant Administration</TD><TD align="left" class="gpotbl_cell">To ensure compliance with regulations pertaining to a lease or grant, including designation of operator, assignment, segregation, consolidation, suspension, renewal, termination, relinquishment, and cancellation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Subpart F—Payments and Financial Assurance Requirements</TD><TD align="left" class="gpotbl_cell">To ensure that payments and financial assurance payments for renewable energy leases comply with subpart E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Subpart G—Plans and Information Requirements</TD><TD align="left" class="gpotbl_cell">To enable BOEM to comply with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 <E T="03">et seq.</E>), the Coastal Zone Management Act (CZMA) (16 U.S.C. 1451 <E T="03">et seq.</E>), and other Federal laws and to ensure the safety of the environment on the OCS.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 585.116" NODE="30:2.0.3.5.13.1.310.17" TYPE="SECTION">
<HEAD>§ 585.116   Requests for information.</HEAD>
<P>BOEM may publish a request for information (RFI) in the <E T="04">Federal Register</E> for the following reasons:
</P>
<P>(a) To solicit information from industry, federally recognized Tribes, State and local agencies, and other interested entities for evaluating the offshore renewable energy industry, including the identification of potential challenges or obstacles to its continued development. An RFI may relate to the identification of environmental, technical, regulatory, or economic matters that promote or detract from continued development of renewable energy technologies on the OCS. BOEM may use the information received to refine its renewable energy program, including to facilitate OCS renewable energy development in a safe and environmentally responsible manner and to ensure a fair return to the United States for use of the OCS.
</P>
<P>(b) To assess interest in leasing all or part of the OCS for activities authorized in this part.
</P>
<P>(c) To determine whether there is competitive interest in a specific OCS renewable energy proposal received by BOEM, such as an unsolicited request for a lease under § 585.231(b) or a RUE or ROW grant under § 585.307(a).
</P>
<P>(d) To seek other information that BOEM needs for this program.




</P>
</DIV8>


<DIV8 N="§ 585.117" NODE="30:2.0.3.5.13.1.310.18" TYPE="SECTION">
<HEAD>§ 585.117   Severability.</HEAD>
<P>If a court holds any provisions of this part or their applicability to any persons or circumstances invalid, the remainder of the provisions and their applicability to any persons or circumstances will not be affected.




</P>
</DIV8>


<DIV8 N="§ 585.118" NODE="30:2.0.3.5.13.1.310.19" TYPE="SECTION">
<HEAD>§ 585.118   What are my appeal rights?</HEAD>
<P>(a) Except as stated in paragraph (c) of this section, any party adversely affected by a final decision issued by BOEM under this part may appeal that decision to the Interior Board of Land Appeals (IBLA), under 30 CFR part 590 and 43 CFR part 4, subpart E.
</P>
<P>(b) Any final decision will remain in full force and effect during the pendency of an appeal unless a stay is granted under 43 CFR part 4.
</P>
<P>(c) A bidder adversely affected by BOEM's determination of a provisional winner made under this part may appeal to the BOEM Director, but decisions determining a provisional winner may not be appealed to the IBLA.
</P>
<P>(1) A bidder that elects to appeal a provisional winner selection decision must file a written appeal with the Director within 15 business days after receipt of the decision.
</P>
<P>(2) Such appeal must be accompanied by a statement of reasons. Before reversing a provisional winner selection decision, the Director will provide the provisional winner a reasonable opportunity to respond in writing to the appellant's statement of reasons. The Director will issue a written determination either affirming or reversing the decision. The Director's decision is not appealable to the IBLA under this section.
</P>
<P>(3) BOEM will not execute a lease or grant until the 15-business-day appeal period closes and all timely filed appeals are resolved.
</P>
<P>(4) The review authority of the Office of Hearings and Appeals does not apply to either the provisional winner selection decisions made under this part or the Director's final determination affirming or reversing a provisional winner selection decision.




</P>
</DIV8>


<DIV8 N="§§ 585.119-585.149" NODE="30:2.0.3.5.13.1.310.20" TYPE="SECTION">
<HEAD>§§ 585.119-585.149   [Reserved]</HEAD>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.13.2" TYPE="SUBPART">
<HEAD>Subpart B [Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:2.0.3.5.13.3" TYPE="SUBPART">
<HEAD>Subpart C—Issuance of OCS Renewable Energy Leases</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 42729, May 15, 2024, unless otherwise noted.




</PSPACE></SOURCE>

<DIV7 N="310" NODE="30:2.0.3.5.13.3.310" TYPE="SUBJGRP">
<HEAD>General Lease Information</HEAD>


<DIV8 N="§ 585.200" NODE="30:2.0.3.5.13.3.310.1" TYPE="SECTION">
<HEAD>§ 585.200   What rights are granted with a lease issued under this part?</HEAD>
<P>(a) A lease issued under this part grants the lessee the right, subject to obtaining the necessary approvals, including but not limited to those required under the FERC hydrokinetic licensing process, and complying with all provisions of this part, to occupy, and install and operate facilities on, a designated portion of the OCS for the purpose of conducting:
</P>
<P>(1) Commercial activities; or
</P>
<P>(2) Other limited activities that support, result from, or relate to the production of energy from a renewable energy source.
</P>
<P>(b) A lease issued under this part confers on the lessee the right to one or more project easements without further competition for the purpose of installing gathering, transmission, and distribution cables; pipelines; and appurtenances on the OCS as necessary for the full enjoyment of the lease.
</P>
<P>(1) You must apply for the project easement as part of your COP or GAP, as provided under subpart G of this part; and
</P>
<P>(2) BOEM will incorporate your approved project easement in your lease as an addendum.
</P>
<P>(c) A commercial lease issued under this part may be developed in phases, with BOEM approval as provided in § 585.238.




</P>
</DIV8>


<DIV8 N="§ 585.201" NODE="30:2.0.3.5.13.3.310.2" TYPE="SECTION">
<HEAD>§ 585.201   How will BOEM issue leases?</HEAD>
<P>BOEM will issue leases on a competitive basis, as provided under §§ 585.210 through 585.226. However, if we determine after public notice of a proposed lease that there is no competitive interest, we will issue leases noncompetitively, as provided under §§ 585.230 through 585.232. We will issue leases on forms approved by BOEM and will include terms, conditions, and stipulations identified and developed as appropriate.




</P>
</DIV8>


<DIV8 N="§ 585.202" NODE="30:2.0.3.5.13.3.310.3" TYPE="SECTION">
<HEAD>§ 585.202   What types of leases will BOEM issue?</HEAD>
<P>BOEM may issue commercial or limited leases for OCS activities under § 585.104. BOEM may issue a lease for OCS renewable energy research activities under § 585.239.




</P>
</DIV8>


<DIV8 N="§ 585.203" NODE="30:2.0.3.5.13.3.310.4" TYPE="SECTION">
<HEAD>§ 585.203   With whom will BOEM consult before issuance of leases?</HEAD>
<P>For leases issued under this part, through either the competitive or noncompetitive process, BOEM, prior to issuing the lease, will coordinate and consult with relevant Federal agencies (including, in particular, those agencies involved in planning activities that are undertaken to avoid or minimize conflicts among users and maximize the economic and ecological benefits of the OCS, including multifaceted spatial planning efforts), any affected federally recognized Indian Tribes, the Native Hawaiian Community or Alaska Native Corporations, as appropriate, the Governor of any affected State, and the executive of any affected local government, as directed by subsections 8(p)(4) and (7) of the OCS Lands Act or other relevant Federal laws. Federal statutes that require BOEM to consult with interested parties or Federal agencies or to respond to findings of those agencies include the Endangered Species Act (ESA) and the Magnuson-Stevens Fishery Conservation and Management Act. BOEM also engages in consultation with Tribal and State historic preservation officers pursuant to the National Historic Preservation Act (NHPA).




</P>
</DIV8>


<DIV8 N="§ 585.204" NODE="30:2.0.3.5.13.3.310.5" TYPE="SECTION">
<HEAD>§ 585.204   What areas are available for leasing consideration?</HEAD>
<P>BOEM may offer any appropriately platted area of the OCS, as provided in § 585.205, for a renewable energy lease, except any area within the exterior boundaries of any unit of the National Park System, National Wildlife Refuge System, National Marine Sanctuary System, or any National Monument.




</P>
</DIV8>


<DIV8 N="§ 585.205" NODE="30:2.0.3.5.13.3.310.6" TYPE="SECTION">
<HEAD>§ 585.205   How will leases be mapped?</HEAD>
<P>BOEM will prepare leasing maps and official protraction diagrams of areas of the OCS. The areas included in each lease will be in accordance with the appropriate leasing map or official protraction diagram.




</P>
</DIV8>


<DIV8 N="§ 585.206" NODE="30:2.0.3.5.13.3.310.7" TYPE="SECTION">
<HEAD>§ 585.206   What is the lease size?</HEAD>
<P>(a) BOEM will determine the size for each lease based on the area required to accommodate the anticipated activities. The processes leading to both competitive and noncompetitive issuance of leases will provide public notice of the lease size adopted. We will delineate leases by using mapped OCS blocks or portions, or aggregations of blocks.
</P>
<P>(b) The lease size includes the minimum area that will allow the lessee sufficient space to develop the project and manage activities in a manner that is consistent with the provisions of this part and 30 CFR part 285. The lease may include whole lease blocks or portions of a lease block.




</P>
</DIV8>


<DIV8 N="§§ 585.207-585.209" NODE="30:2.0.3.5.13.3.310.8" TYPE="SECTION">
<HEAD>§§ 585.207-585.209   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="311" NODE="30:2.0.3.5.13.3.311" TYPE="SUBJGRP">
<HEAD>Competitive Lease Award Process—Pre-Auction Provisions</HEAD>


<DIV8 N="§ 585.210" NODE="30:2.0.3.5.13.3.311.9" TYPE="SECTION">
<HEAD>§ 585.210   What are the steps in BOEM's competitive lease award process?</HEAD>
<P>(a) BOEM may publish an RFI under § 585.116.
</P>
<P>(b) BOEM will award leases through a competitive lease award process unless competitive interest does not exist. BOEM will publish details for each auction and lease through appropriate notices in the <E T="04">Federal Register.</E> Each competitive lease award process will include the following steps:
</P>
<P>(1) <I>Call for information and nominations (Call).</I> BOEM will publish a Call in the <E T="04">Federal Register</E> requesting information to determine qualifications of prospective bidders and interest in preliminarily identified OCS lease areas.
</P>
<P>(2) <I>Area identification.</I> BOEM will identify OCS areas for leasing consideration and related analysis in consultation with appropriate Federal agencies, State and local governments, federally recognized Tribes, Alaska Native Claims Settlement Act (ANCSA) corporations, and other interested parties.
</P>
<P>(3) <I>Proposed Sale Notice (PSN).</I> BOEM will publish a PSN, or a notice of its availability, in the <E T="04">Federal Register,</E> announcing BOEM's intention to conduct an auction for prospective lease areas. The PSN will set forth provisions and information concerning the proposed auction and lease and will invite stakeholder comments.
</P>
<P>(4) <I>Final Sale Notice (FSN).</I> BOEM will publish an FSN, or a notice of its availability, in the <E T="04">Federal Register</E> setting forth final information concerning the auction and lease.
</P>
<P>(5) <I>Auction.</I> BOEM will hold an auction under the regulations in this part and the FSN.
</P>
<P>(6) <I>Lease award.</I> BOEM will award leases subsequent to the completion of the aforementioned steps under the regulations in this part and the FSN.




</P>
</DIV8>


<DIV8 N="§ 585.211" NODE="30:2.0.3.5.13.3.311.10" TYPE="SECTION">
<HEAD>§ 585.211   What is the Call?</HEAD>
<P>(a) The Call is a notice that BOEM will publish in the <E T="04">Federal Register</E> requesting responses from stakeholders interested in bidding on designated OCS areas and comments from interested and potentially affected parties. The responses may inform the area identification process and will enable BOEM to determine whether there exists competitive interest in the proposed lease area. BOEM may request additional information from stakeholders related to environmental, economic, and other issues.
</P>
<P>(b) The Call may include the following:
</P>
<P>(1) The areas that BOEM has preliminarily identified for leasing consideration;
</P>
<P>(2) A request for comments concerning geological conditions; archaeological sites on the seabed or nearshore; multiple uses of the proposed leasing area (including, for example, navigation, recreation, military, and fisheries); and other socioeconomic, biological, and environmental information;
</P>
<P>(3) Request for comments regarding feasibility for development, including the energy resource and opportunity for grid connection;
</P>
<P>(4) Possible lease terms and conditions;
</P>
<P>(5) A request to potential bidders to nominate one or more areas for a commercial renewable energy lease within the preliminarily identified leasing areas. Such nominations must include:
</P>
<P>(i) The specific OCS blocks that the respondent is interested in leasing;
</P>
<P>(ii) A general description of the respondent's objectives and how respondent proposes to achieve those objectives;
</P>
<P>(iii) A preliminary schedule of the respondent's proposed activities, including those potentially leading to commercial operations, to the extent known;
</P>
<P>(iv) Information regarding respondent's coordination, or intent to coordinate, with any other entity for the purposes of acquiring a lease from BOEM, if applicable;
</P>
<P>(v) Documentation demonstrating the respondent's qualification to acquire a lease or grant as specified in §§ 585.107 and 585.108;
</P>
<P>(vi) Available and pertinent information concerning renewable energy and environmental conditions in the nominated areas, including energy and resource data and information used to evaluate the areas; and
</P>
<P>(vii) Any additional information requested by BOEM in the Call;
</P>
<P>(c) Respondents have 45 calendar days from the date the Call is published in the <E T="04">Federal Register</E> to reply, unless BOEM specifies another time period of not less than 30 calendar days in the Call.
</P>
<P>(d) BOEM may use the information received in response to a Call to:
</P>
<P>(1) Identify lease areas;
</P>
<P>(2) Develop options for its lease provisions (<I>e.g.,</I> stipulations, payments, terms, and conditions);
</P>
<P>(3) Inform its environmental analysis conducted under applicable Federal requirements, including, but not limited to, NEPA, the Endangered Species Act (ESA) (16 U.S.C. 1531-1544), and the CZMA; and
</P>
<P>(4) Determine whether competitive interest exists in all or a portion of any potential lease area. If BOEM determines no competitive interest exists, BOEM may follow the noncompetitive leasing process set forth in § 585.231(d) through (j).




</P>
</DIV8>


<DIV8 N="§ 585.212" NODE="30:2.0.3.5.13.3.311.11" TYPE="SECTION">
<HEAD>§ 585.212   What is area identification?</HEAD>
<P>(a) Area identification is the process by which BOEM delineates one or more OCS areas for leasing consideration and environmental analysis if the areas appear appropriate for renewable energy development. This process is based on an area's relevant attributes, such as other uses of the area, environmental factors or characteristics, stakeholder comments, industry nominations, feasibility for development, and other relevant information. BOEM consults with interested parties during this process as specified in § 585.210(b)(2).
</P>
<P>(b) BOEM may consider areas nominated by respondents to a Call and other areas determined appropriate for leasing.
</P>
<P>(c) For the identified areas, BOEM will evaluate:
</P>
<P>(1) The potential effects of leasing the identified areas on the human, marine, and coastal environments;
</P>
<P>(2) The feasibility of development; and
</P>
<P>(3) Potential measures, including lease stipulations, to mitigate potential adverse impacts. Such measures are identified and refined through the area identification process, as well as through environmental review and consultations and published for comment in the Proposed Sale Notice.
</P>
<P>(d) BOEM may hold public hearings on the environmental analyses associated with leasing the identified areas, after appropriate notice.
</P>
<P>(e) At the end of the area identification, BOEM may offer selected areas for leasing.




</P>
</DIV8>


<DIV8 N="§ 585.213" NODE="30:2.0.3.5.13.3.311.12" TYPE="SECTION">
<HEAD>§ 585.213   What information is included in the PSN?</HEAD>
<P>(a) The PSN is a notice that BOEM will publish in the <E T="04">Federal Register</E> for each prospective auction. The PSN will request public comment on the items listed in this section. Public comments will inform BOEM's decisions regarding auction format and lease terms and conditions. At a minimum, the PSN will include or describe the availability of information pertaining to:
</P>
<P>(1) The proposed leases to be offered, including:
</P>
<P>(i) The proposed lease areas, including size and location;
</P>
<P>(ii) The proposed lease terms and conditions, including the proposed rental rate and operating fee rate;
</P>
<P>(iii) Other proposed payment requirements, as applicable; and
</P>
<P>(iv) Proposed requirements for performance under the lease, such as site-specific lease stipulations and environmental mitigation measures;
</P>
<P>(2) Steps a bidder must take to obtain and maintain eligibility to participate in the auction (e.g., financial forms, bid deposits);
</P>
<P>(3) The proposed availability and potential value of bidding credit(s), if any are offered, and the actions or commitments required to obtain them;
</P>
<P>(4) A detailed description of the proposed auction format and procedures as further described in § 585.223;
</P>
<P>(5) The maximum number or specific sets of lease areas that any given bidder may be allowed to bid on or to acquire in an auction, if applicable;
</P>
<P>(6) Lease award procedures, including how and when a lease will be awarded and executed, and how BOEM will address unsuccessful bids and applications;
</P>
<P>(7) A copy of, or a reference to, the official BOEM lease form; and
</P>
<P>(8) Other relevant matters, as determined by BOEM.
</P>
<P>(b) The PSN may be used to gauge competitive interest by requiring prospective bidders to reaffirm their intent to participate in the auction as a prerequisite for continued eligibility.
</P>
<P>(c) A prospective bidder is encouraged to identify in its comments any specific proposed terms and conditions in the PSN that may preclude its participation in the auction.
</P>
<P>(d) The PSN's public comment period is 60 calendar days from the date of its publication in the <E T="04">Federal Register,</E> unless BOEM specifies another time period of not less than 30 calendar days in the PSN.
</P>
<P>(e) BOEM will notify any potentially affected federally recognized Indian Tribes, States, local governments, and ANCSA corporations of the PSN's publication, and will provide copies of the PSN to these entities upon written request.




</P>
</DIV8>


<DIV8 N="§ 585.214" NODE="30:2.0.3.5.13.3.311.13" TYPE="SECTION">
<HEAD>§ 585.214   What information is included in the FSN?</HEAD>
<P>(a) The FSN is a notice that BOEM will publish in the <E T="04">Federal Register</E> at least 30 calendar days before each prospective auction. The FSN will describe the final auction details and will include or describe the availability of information pertaining to:
</P>
<P>(1) The leases to be offered, including:
</P>
<P>(i) The lease areas, including size and location;
</P>
<P>(ii) Lease terms and conditions, including the rental rate and the operating fee rate;
</P>
<P>(iii) Other payment requirements, as applicable; and
</P>
<P>(iv) Requirements for performance under the lease, including site-specific lease stipulations and environmental mitigation measures;
</P>
<P>(2) Steps a bidder must take to ensure eligibility to participate in the auction (e.g. financial forms, bid deposits);
</P>
<P>(3) The availability and potential value of bidding credit(s), if any are offered, and the actions or commitments required to obtain them.
</P>
<P>(4) A detailed description of the auction format and procedures as further described in § 585.223;
</P>
<P>(5) The maximum number or specific sets of lease areas that any given bidder may be allowed to bid on or to acquire in an auction, if applicable;
</P>
<P>(6) Lease award procedures, including how and when a lease will be awarded and executed, and how BOEM will handle unsuccessful bids and applications;
</P>
<P>(7) A copy of, or a reference to, the official BOEM lease form; and
</P>
<P>(8) Other relevant matters as determined by BOEM.
</P>
<P>(b) The terms of the FSN may differ from the proposed terms of the PSN.




</P>
</DIV8>


<DIV8 N="§ 585.215" NODE="30:2.0.3.5.13.3.311.14" TYPE="SECTION">
<HEAD>§ 585.215   What may BOEM do to assess whether competitive interest for a lease area still exists before the auction?</HEAD>
<P>(a) At any time BOEM has reason to believe that competitive interest in any lease area no longer exists before the area's auction, BOEM may issue a notice in the <E T="04">Federal Register,</E> as described in § 585.116, requesting information regarding competitive interest in that area. BOEM will consider respondents' comments to determine whether competitive interest in that area remains. BOEM may decide to end the competitive process for any area if it determines that competitive interest no longer exists.
</P>
<P>(b) If BOEM determines after considering respondents' comments to such a notice that competitive interest remains, BOEM will continue with the competitive process set forth in §§ 585.210 through 585.226.
</P>
<P>(c) If BOEM determines at any time before the auction that only a single party remains interested in a lease area, BOEM may proceed either with the auction or with the noncompetitive process set forth in § 585.231(d) through (j) following payment by that party of the acquisition fee specified in § 585.502(a).




</P>
</DIV8>


<DIV8 N="§ 585.216" NODE="30:2.0.3.5.13.3.311.15" TYPE="SECTION">
<HEAD>§ 585.216   How are bidding credits awarded and used?</HEAD>
<P>(a) BOEM will determine the highest bid, taking into account the combined value of the monetary (cash) component and the non-monetary component(s), represented by bidding credits. The PSN and FSN will explain the following details, if bidding credit(s) are available for that auction:
</P>
<P>(1) Eligibility and application requirements;
</P>
<P>(2) The value of each available bidding credit, which will be either a sum certain or a percentage of the bid; and
</P>
<P>(3) Procedures for applying each available bidding credit to bids submitted during the auction.
</P>
<P>(b) Eligibility for bidding credits must be established in advance of any lease auction, in accordance with the specifications of the FSN. Such eligibility may be based on actions that the bidder has already undertaken or actions that it has committed to undertake in the future, provided that BOEM has agreed to the terms by which such a commitment will be made. BOEM may offer bidding credits for any of the following:
</P>
<P>(1) Power purchase agreements;
</P>
<P>(2) Eligibility for, or applicability of, renewable energy credits or subsidies;
</P>
<P>(3) Development agreements by a potential lessee that facilitate shared transmission solutions and grid interconnection;
</P>
<P>(4) Technical merit, timeliness, or financing and economic considerations;
</P>
<P>(5) Environmental considerations, public benefits, or compatibility with State and local needs;
</P>
<P>(6) Agreements or commitments by the developer that would facilitate OCS renewable energy development or other OCSLA goals; or
</P>
<P>(7) Any other factor or criteria to further development of offshore renewable energy, as identified by BOEM in the PSN and FSN.
</P>
<P>(c) Before the auction, bidders seeking to use bidding credits must establish that they meet the eligibility criteria for each bidding credit according to the FSN provisions.
</P>
<P>(d) Before the auction, BOEM will determine each bidder's eligibility for bidding credits, and the value of those bidding credits, and will inform each eligible bidder of the value of the bidding credits to which it may be entitled.
</P>
<P>(e) A provisional winner who is awarded bidding credits must pay an amount equal to the cash component of its winning bid less any bid deposit retained by BOEM under § 585.501.




</P>
</DIV8>


<DIV8 N="§§ 585.217-585.219" NODE="30:2.0.3.5.13.3.311.16" TYPE="SECTION">
<HEAD>§§ 585.217-585.219   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="312" NODE="30:2.0.3.5.13.3.312" TYPE="SUBJGRP">
<HEAD>Competitive Lease Award Process—Auction Provisions</HEAD>


<DIV8 N="§ 585.220" NODE="30:2.0.3.5.13.3.312.17" TYPE="SECTION">
<HEAD>§ 585.220   How will BOEM award leases competitively?</HEAD>
<P>(a) BOEM will award leases competitively using an objective, fair, reasonable, and competitive auction process that provides a fair return to the United States. As described in the FSN, leases will be awarded to the highest bidder.
</P>
<P>(b) BOEM may use any analog or digital method to conduct the auction. The specific process and procedural details for each auction will be noticed in the PSN and finalized in the FSN.




</P>
</DIV8>


<DIV8 N="§ 585.221" NODE="30:2.0.3.5.13.3.312.18" TYPE="SECTION">
<HEAD>§ 585.221   What general provisions apply to all auctions?</HEAD>
<P>(a) If BOEM determines competitive interest exists to develop a renewable energy resource in any OCS area and decides to issue a lease for that area, BOEM will conduct an auction to award the lease.
</P>
<P>(b) The auction's format, procedures, and other details will be specified in the FSN, as outlined in § 585.214. Possible auction formats include, but are not limited to, sealed bidding and ascending bidding.
</P>
<P>(c) The FSN will specify the potential use of alternatives if the primary auction method, system, or mechanism malfunctions. Alternatively, BOEM may take action consistent with paragraph (d) of this section until the malfunction is resolved.
</P>
<P>(d) Any time before a provisional winner is determined, BOEM may delay, suspend, or cancel an auction due to a natural or man-made disaster, technical malfunction, security breach, unlawful bidding activity, administrative necessity, or any other reason that BOEM determines may adversely affect the fair and efficient conduct of the auction. In its discretion, BOEM may restart the auction at whatever point it deems appropriate, reasonable, fair, and efficient for all participants; or, alternatively, BOEM may cancel the auction in its entirety.
</P>
<P>(e) BOEM will determine the provisional winner for each lease area under the auction rules and bidding procedures prescribed in the FSN.




</P>
</DIV8>


<DIV8 N="§ 585.222" NODE="30:2.0.3.5.13.3.312.19" TYPE="SECTION">
<HEAD>§ 585.222   What other auction rules must bidders follow?</HEAD>
<P>(a) Bidders must submit a deposit to participate in an auction under § 585.501(a), unless otherwise specified in the FSN. A provisional winner's bid deposit will be credited toward the balance due on its bid.
</P>
<P>(b) Only bidders qualified by BOEM under §§ 585.107 and 585.108 are permitted to bid during an auction.
</P>
<P>(c) Only an authorized agent may act on a bidder's behalf during an auction. Bidders must submit the names of their authorized agents to BOEM before the auction, as prescribed in the FSN.
</P>
<P>(d) Each bidder must follow the auction process specified in the FSN and may not take any action to disrupt or alter the process beyond its intended function.
</P>
<P>(e) A bidder is responsible for immediately contacting BOEM if it is unable to submit its bid for any reason during an auction. If a bidder fails to timely notify BOEM of its inability to bid, it may not dispute the auction or lease award on that basis. If a bidder timely notifies BOEM of its inability to submit a bid, BOEM, in its discretion, may suspend the auction, continue the auction using an alternative method, or continue the auction without the participation of the affected bidder.




</P>
</DIV8>


<DIV8 N="§ 585.223" NODE="30:2.0.3.5.13.3.312.20" TYPE="SECTION">
<HEAD>§ 585.223   What supplemental information will BOEM provide in a PSN and FSN?</HEAD>
<P>(a) In addition to the information described in §§ 585.213 and 585.214, BOEM may provide the following auction information, as appropriate, in the PSN and FSN:
</P>
<P>(1) <I>Bidding instructions, procedures, and systems, including the bid variables.</I> How the auction will be conducted and what systems and procedures will be utilized.
</P>
<P>(2) <I>Bid deposit.</I> The amount a bidder must pay under § 585.501(a) to be eligible to bid. The FSN will prescribe the process and deadline for submitting a bid deposit.
</P>
<P>(3) <I>Mock auction.</I> Notice of a practice auction before the actual auction. Only bidders eligible for the actual auction will be permitted to participate in the mock (<I>i.e.,</I> practice) auction.
</P>
<P>(4) <I>Auction date, starting time and location.</I> The starting time will include the relevant time zone, and the location will indicate where the auction will take place.
</P>
<P>(5) <I>Minimum bid.</I> The price at which the bidding will start.
</P>
<P>(6) <I>Information BOEM will release to bidders between rounds.</I> This information may include prior round results and other updates.
</P>
<P>(7) <I>Tie-breaking provision.</I> This provision describes the method that BOEM will use to break a tie between two or more identical high bids offered for the same lease area, or package of lease areas.
</P>
<P>(8) <I>Next highest bidder.</I> The method that BOEM will use to determine the next highest bidder of a completed auction in the event the provisional winner fails to meet its obligations or is unable to acquire a lease for any reason, or if a competitively issued lease or any portion thereof is relinquished or cancelled within six months of the auction.
</P>
<P>(b) The list in paragraph (a) of this section is not exhaustive. BOEM may include in the FSN any other information relevant to that auction.


</P>
</DIV8>

</DIV7>


<DIV7 N="313" NODE="30:2.0.3.5.13.3.313" TYPE="SUBJGRP">
<HEAD>Competitive Lease Award Process—Post-Auction Provisions</HEAD>


<DIV8 N="§ 585.224" NODE="30:2.0.3.5.13.3.313.21" TYPE="SECTION">
<HEAD>§ 585.224   What will BOEM do after the auction?</HEAD>
<P>(a) At the conclusion of the auction, BOEM will:
</P>
<P>(1) Declare the bidding closed.
</P>
<P>(2) Assess whether the bids meet the requirements of BOEM's regulations and the FSN. BOEM may disqualify bids based on this review.
</P>
<P>(3) Under 43 U.S.C. 1337(c), provide the Department of Justice, in consultation with the Federal Trade Commission, the opportunity to conduct an antitrust review of the lease sale results. BOEM may disqualify bids based on the results of this review.
</P>
<P>(4) BOEM will declare the provisional winner of each lease area.
</P>
<P>(b) BOEM may reject any and all bids received, regardless of the amount offered.
</P>
<P>(c) BOEM will accept or reject bids within 90 calendar days of auction closure; BOEM may extend that time by notice to bidders within 15 calendar days before the 90 calendar day period ends.
</P>
<P>(d) BOEM will deem rejected any bid not accepted within the 90 calendar-day period, or any extension. BOEM will provide each rejected bidder a written explanation for the rejection and will refund, without interest, any monies deposited by the rejected bidder.
</P>
<P>(e) BOEM may withdraw all or part of a lease area from the lease sale between auction closure and lease execution. In the event that a portion of the lease area is withdrawn, the provisional winner has the option to refuse the lease without penalty, to propose new lease terms for BOEM's concurrence, or to accept the lease with the reduced area.
</P>
<P>(f) BOEM may re-auction any lease area or portions thereof that remain unsold at the conclusion of an auction. BOEM may restart the competitive leasing process at any point in the process set forth in § 585.210 that it deems reasonable and appropriate (<I>e.g.,</I> Call, area identification, PSN, or FSN).




</P>
</DIV8>


<DIV8 N="§ 585.225" NODE="30:2.0.3.5.13.3.313.22" TYPE="SECTION">
<HEAD>§ 585.225   What happens if BOEM accepts a bid?</HEAD>
<P>(a) BOEM will identify and notify the lease area's provisional winner of the amount due on each winning bid, which equals the cash component of the provisional winner's bid less its bid deposit retained by BOEM under § 585.501. BOEM will provide an unsigned copy of the lease to the provisional winner.
</P>
<P>(b) Within 10 business days after receipt of the unsigned copy, or as otherwise specified by BOEM under paragraph (d) of this section, the provisional winner must:
</P>
<P>(1) Execute the lease and return it to BOEM;
</P>
<P>(2) File financial assurance as required by §§ 585.516 through 585.529; and
</P>
<P>(3) Pay the amount due.
</P>
<P>(c) When the bid deposit exceeds the amount due, BOEM will refund the overage without interest.
</P>
<P>(d) A provisional winner may request in writing an extension of the 10-day time limit in paragraph (b) of this section. BOEM, in its discretion, may grant such a request.
</P>
<P>(e) BOEM will execute the lease by signing the lease on behalf of the United States only after the provisional winner completes the requirements in paragraph (b) of this section and any appeals timely filed under § 585.118(c)(1) have been resolved. After BOEM executes the lease, the provisional winner becomes the winning bidder, and BOEM will send the winning bidder an electronic version of the fully executed copy of the lease. The lease takes effect as set forth in § 585.237.
</P>
<P>(f) The winning bidder must pay the first 12 months' rent under § 585.503(a) within 45 calendar days after receiving a copy of the executed lease from BOEM.
</P>
<P>(g) In the event that a lessee does not meet the commitments it made to obtain any bidding credits, the lessee will be required to repay the value of the bidding credits that it received adjusted for inflation.




</P>
</DIV8>


<DIV8 N="§ 585.226" NODE="30:2.0.3.5.13.3.313.23" TYPE="SECTION">
<HEAD>§ 585.226   What happens if the provisional winner fails to meet its obligations?</HEAD>
<P>(a) If BOEM determines that a provisional winner has failed to timely complete the steps outlined in § 585.225(b) or § 585.316, or has otherwise failed to comply with applicable laws, regulations, or FSN provisions, BOEM may take one or more of the following actions:
</P>
<P>(1) Decline to execute the applicable lease.
</P>
<P>(2) Decline to execute the lease for any other lease areas that the provisional winner won during the auction.
</P>
<P>(3) Require forfeiture of the bid deposit. In the event the bid deposit exceeds the amount of the winning bid, BOEM would limit the required forfeiture to the lesser amount.
</P>
<P>(4) Refer the matter to the Department of the Interior's Administrative Remedies Division for suspension or debarment review pursuant to 2 CFR part 180 as implemented at 2 CFR part 1400.
</P>
<P>(5) Pursue any other remedy available.
</P>
<P>(b) If BOEM declines to execute a lease with the provisional winner under paragraph (a) of this section, BOEM may decide to select a new provisional winner by either repeating the auction under § 585.224(f), or pursuant to the procedures in § 585.223(a)(8), by selecting the next highest bid submitted during the auction, or by using other procedures specified in the FSN.
</P>
<P>(c) BOEM's decisions under this section are appealable under § 585.118.




</P>
</DIV8>


<DIV8 N="§§ 585.227-585.229" NODE="30:2.0.3.5.13.3.313.24" TYPE="SECTION">
<HEAD>§§ 585.227-585.229   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="314" NODE="30:2.0.3.5.13.3.314" TYPE="SUBJGRP">
<HEAD>Noncompetitive Lease Award Process</HEAD>


<DIV8 N="§ 585.230" NODE="30:2.0.3.5.13.3.314.25" TYPE="SECTION">
<HEAD>§ 585.230   May I request a lease if there is no Call?</HEAD>
<P>You may submit an unsolicited request for a commercial lease or a limited lease under this part. Your unsolicited request must contain the following information:
</P>
<P>(a) The area you are requesting for lease.
</P>
<P>(b) A general description of your objectives and the facilities that you would use to achieve those objectives.
</P>
<P>(c) A general schedule of proposed activities including those leading to commercial operations.
</P>
<P>(d) Available and pertinent data and information concerning renewable energy and environmental conditions in the area of interest, including energy and resource data and information used to evaluate the area of interest. BOEM will withhold trade secrets and commercial or financial information that is privileged or confidential from public disclosure under exemption 4 of the FOIA and as provided in § 585.114.
</P>
<P>(e) If available from the appropriate State or local government authority, a statement that the proposed activity conforms with State and local energy planning requirements, initiatives, or guidance.
</P>
<P>(f) Documentation showing that you meet the qualifications to become a lessee, as specified in §§ 585.107 and 585.108.
</P>
<P>(g) An acquisition fee, as specified in § 585.502(a).




</P>
</DIV8>


<DIV8 N="§ 585.231" NODE="30:2.0.3.5.13.3.314.26" TYPE="SECTION">
<HEAD>§ 585.231   Will BOEM issue leases noncompetitively?</HEAD>
<P>(a) BOEM will consider unsolicited requests for a lease on a case-by-case basis and may issue a lease noncompetitively in accordance with this part. BOEM will issue a lease noncompetitively only if it has determined after public notice that no competitive interest exists. BOEM will not consider an unsolicited request for a lease under this part that is proposed in a lease area that is scheduled for a lease auction under this part.
</P>
<P>(b) At BOEM's discretion, BOEM may issue an RFI under § 585.116 relating to your unsolicited lease request and will consider comments received to determine if competitive interest exists. If BOEM decides not to issue an RFI and, therefore, not to continue processing your unsolicited lease request, it will refund your acquisition fee.
</P>
<P>(c) If BOEM determines that competitive interest exists in the lease area:
</P>
<P>(1) BOEM will proceed with the competitive process set forth in §§ 585.210 through 585.226;
</P>
<P>(2) If you submit a bid for the lease area in a competitive lease sale, your acquisition fee will be applied to the deposit for your bonus bid; and
</P>
<P>(3) If you do not submit a bid for the lease area in a competitive lease sale, BOEM will not refund your acquisition fee.
</P>
<P>(d) If BOEM determines that there is no competitive interest in a lease and that further investigation of the area is in the public interest, it will:
</P>
<P>(1) Publish in the <E T="04">Federal Register</E> a determination of no competitive interest.
</P>
<P>(2) Prepare and provide you with a written estimate of the proposed fee to pay for the processing costs under § 585.112, including any environmental review that BOEM may require before lease issuance.
</P>
<P>(3) Conduct environmental reviews required by Federal law and consult with affected Federal agencies, federally recognized Indian Tribes, and State and local governments.
</P>
<P>(e) The following deadlines apply after issuance of a determination of no competitive interest:
</P>
<P>(1) Within 90 calendar days of receiving the written estimate of the fee, or longer (as determined at BOEM's discretion), you must pay the fee for any environmental review under § 585.112. Failure to pay the required fee may result in withdrawal of the determination of no competitive interest.
</P>
<P>(2) A determination of no competitive interest expires two years after its publication, unless BOEM determines that it should be extended for good cause. BOEM reserves the right to withdraw a determination of no competitive interest before it expires if BOEM determines that you have failed to exercise due diligence in obtaining a lease.
</P>
<P>(f) After BOEM publishes the determination of no competitive interest, you will be responsible for submitting any consistency certification and necessary data and information in a timely manner to the applicable State CZMA agencies and BOEM pursuant to 15 CFR part 930, subpart D.
</P>
<P>(g) After completing its review of your lease request, BOEM may offer you a noncompetitive lease.
</P>
<P>(h) If you accept the terms and conditions of the lease, BOEM will issue the lease. You must comply with the terms and conditions of your lease and the applicable provisions of this part. If BOEM issues you a lease, BOEM will send you an electronic copy of the lease form.
</P>
<P>(1) Within 10 business days after you receive the lease you must:
</P>
<P>(i) Execute and return the lease; and
</P>
<P>(ii) File financial assurance as required under §§ 585.516 through 585.529.
</P>
<P>(2) You must pay the first 12 months' rent no later than 45 calendar days after you receive your copy of the executed lease from BOEM under § 585.503(a)(1).
</P>
<P>(i) BOEM will publish in the <E T="04">Federal Register</E> a notice announcing the issuance of your lease.
</P>
<P>(j) If you do not accept the terms and conditions in a timely manner, BOEM will not issue a lease. Additionally, if you do not comply with the requirements for financial assurance, BOEM may decide not to issue a lease. If BOEM does not issue a lease due to your noncompliance or non-acceptance, BOEM will not refund your acquisition fee, or any fees paid under paragraph (e)(1) of this section.




</P>
</DIV8>


<DIV8 N="§ 585.232" NODE="30:2.0.3.5.13.3.314.27" TYPE="SECTION">
<HEAD>§ 585.232   May I acquire a lease noncompetitively after responding to a request for information or a Call for Information and Nominations?</HEAD>
<P>(a) If you submit an area of interest for a possible lease and BOEM receives no competing submissions in response to the RFI or Call, we may inform you that there does not appear to be competitive interest, and ask if you wish to proceed with acquiring a lease.
</P>
<P>(b) If you wish to proceed with acquiring a lease, you must submit your acquisition fee as specified in § 585.502(a).
</P>
<P>(c) After receiving the acquisition fee, BOEM will follow the process outlined in § 585.231(d) through (j).




</P>
</DIV8>


<DIV8 N="§§ 585.233-585.234" NODE="30:2.0.3.5.13.3.314.28" TYPE="SECTION">
<HEAD>§§ 585.233-585.234   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="315" NODE="30:2.0.3.5.13.3.315" TYPE="SUBJGRP">
<HEAD>Commercial and Limited Lease Periods</HEAD>


<DIV8 N="§ 585.235" NODE="30:2.0.3.5.13.3.315.29" TYPE="SECTION">
<HEAD>§ 585.235   What are the lease periods for a commercial lease?</HEAD>
<P>(a) The lease periods within the term of your commercial lease are defined as follows:
</P>
<P>(1) <I>Preliminary period.</I> Each commercial lease has a preliminary period of up to five years. During the preliminary period, the lessee must submit a COP. The preliminary period begins on the effective date of the lease and ends either when a COP is received by BOEM for review or at the expiration of five years, whichever occurs first.
</P>
<P>(2) <I>COP review period.</I> A commercial lease has a COP review period. The COP review period begins when BOEM receives a COP from the lessee and ends upon COP approval, disapproval, or approval with conditions pursuant to § 585.628. During the COP review period, BOEM conducts the necessary reviews and consultations associated with the COP.
</P>
<P>(3) <I>Design and construction period.</I> The design and construction period begins at COP approval and ends when the operations period begins. During the design and construction period BSEE completes the FDR and FIR review(s), and the lessee undertakes project construction.
</P>
<P>(4) <I>Operations period.</I> A commercial lease has an operations period of 35 years; or the duration specified in the lease; or the duration included and approved as part of your COP. The operations period begins when the requirements of 30 CFR 285.637(a) are met through the submission of final reports and records for your project. Additional time may be added to the operations period through a lease suspension under § 585.415 issued during this period; a lease extension requested pursuant to paragraph (b) of this section; or a lease renewal under § 585.425.
</P>
<P>(b) You may request an extension of any of the lease periods outlined in paragraph (a) of this section for good cause, including if the project is designed and verified for a longer duration. In its discretion, BOEM may approve your request.
</P>
<P>(c) If you intend to develop your lease in phases under § 585.238, you must propose lease period schedules for each phase in your COP.
</P>
<P>(d) If you intend to segregate or consolidate your lease under §§ 585.408 through 585.413, you and your assignees may propose lease period schedules in your segregation or consolidation application.




</P>
</DIV8>


<DIV8 N="§ 585.236" NODE="30:2.0.3.5.13.3.315.30" TYPE="SECTION">
<HEAD>§ 585.236   If I have a limited lease, how long will my lease remain in effect?</HEAD>
<P>(a) For limited leases, the lease periods are as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Lease period
</TH><TH class="gpotbl_colhed" scope="col">Extension or suspension
</TH><TH class="gpotbl_colhed" scope="col">Requirements
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Each limited lease has a preliminary period of 12 months within which to submit a GAP. The preliminary period begins on the effective date of the lease</TD><TD align="left" class="gpotbl_cell">If we receive a GAP that satisfies the requirements of §§ 585.640 through 585.648, the preliminary period will be automatically extended for the period of time necessary for us to conduct a technical and environmental review of the GAP</TD><TD align="left" class="gpotbl_cell">The GAP must meet the requirements of §§ 585.640 through 585.648.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Each limited lease has an operations period as specified by BOEM (if the lease is issued competitively) or negotiated with the applicant (if the lease is issued noncompetitively). In either case, the duration of the operations period will depend on the intended use of the lease. The operations period begins on the date that we approve your GAP</TD><TD align="left" class="gpotbl_cell">We may order or grant a suspension of the operations period as provided in §§ 585.415 through 585.421</TD><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(b) You may request an extension of any of the lease periods outlined in paragraph (a) of this section for good cause. In its discretion, BOEM may approve your request.




</P>
</DIV8>


<DIV8 N="§ 585.237" NODE="30:2.0.3.5.13.3.315.31" TYPE="SECTION">
<HEAD>§ 585.237   What is the effective date of a lease?</HEAD>
<P>(a) A lease issued under this part must be dated and becomes effective as of the first day of the month following the date a lease is signed by the lessor.
</P>
<P>(b) If the lessee submits a written request and BOEM approves, a lease may be dated and become effective the first day of the month in which it is signed by the lessor.




</P>
</DIV8>


<DIV8 N="§ 585.238" NODE="30:2.0.3.5.13.3.315.32" TYPE="SECTION">
<HEAD>§ 585.238   May I develop my commercial lease in phases?</HEAD>
<P>In your COP, you may request development of your commercial lease in phases. In support of your request, you must provide details as to what portions of the lease will be initially developed for commercial operations and what portions of the lease will be reserved for subsequent phased development. You must also propose a lease period schedule for each phase described in your COP in accordance with § 585.235(c). BOEM may condition its approval of subsequent phases described in a phased development COP.




</P>
</DIV8>


<DIV8 N="§ 585.239" NODE="30:2.0.3.5.13.3.315.33" TYPE="SECTION">
<HEAD>§ 585.239   Are there any other renewable energy research activities that will be allowed on the OCS?</HEAD>
<P>(a) The Director may issue OCS leases, ROW grants, and RUE grants to a Federal agency or a State for renewable energy research activities that support the future production, transportation, or transmission of renewable energy.
</P>
<P>(b) In issuing leases, ROW grants, and RUE grants to a Federal agency or a State on the OCS for renewable energy research activities under this section, BOEM will coordinate and consult with other relevant Federal agencies, affected federally recognized Indian Tribes, any other affected State(s), and affected local government executives.
</P>
<P>(c) BOEM may issue leases, RUEs, and ROWs for research activities managed by a Federal agency or a State only in areas for which the Director has determined, after public notice and opportunity to comment, that no competitive interest exists.
</P>
<P>(d) The Director and the head of the Federal agency or the Governor of a requesting State, or their authorized representatives, will negotiate the terms and conditions of such renewable energy leases, RUEs, or ROWs under this section on a case-by-case basis. The framework for such negotiations, and standard terms and conditions of such leases, RUEs, or ROWs may be set forth in a memorandum of agreement (MOA) or other agreement between BOEM and a Federal agency or a State. The MOA must include the agreement of the head of the Federal agency or the Governor to assure that all subcontractors comply with this part and 30 CFR part 285, other applicable laws, and terms and conditions of such leases or grants.
</P>
<P>(e) Any lease, RUE, or ROW that BOEM issues to a Federal agency or to a State that authorizes access to an area of the OCS for research activities managed by a Federal agency or a State must include:
</P>
<P>(1) Requirements to comply with all applicable Federal laws; and
</P>
<P>(2) Requirements to comply with this part and 30 CFR part 285, except as otherwise provided in the lease or grant.
</P>
<P>(f) BOEM will issue a public notice of any lease, RUE, or ROW issued to a Federal agency or to a State, or an approved MOA for such research activities.
</P>
<P>(g) BOEM will not charge any fees for the purpose of ensuring a fair return for the use of such research areas on the OCS.




</P>
</DIV8>


<DIV8 N="§§ 585.240-585.299" NODE="30:2.0.3.5.13.3.315.34" TYPE="SECTION">
<HEAD>§§ 585.240-585.299   [Reserved]</HEAD>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="D" NODE="30:2.0.3.5.13.4" TYPE="SUBPART">
<HEAD>Subpart D—Right-of-Way (ROW) Grants and Right-of-Use and Easement (RUE) Grants for Renewable Energy Activities</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 42735, May 15, 2024, unless otherwise noted.


</PSPACE></SOURCE>

<DIV7 N="316" NODE="30:2.0.3.5.13.4.316" TYPE="SUBJGRP">
<HEAD>ROW Grants and RUE Grants</HEAD>


<DIV8 N="§ 585.300" NODE="30:2.0.3.5.13.4.316.1" TYPE="SECTION">
<HEAD>§ 585.300   What types of activities are authorized by ROW grants and RUE grants issued under this part?</HEAD>
<P>(a) A ROW grant authorizes the holder to install on the OCS cables, pipelines, and associated facilities that involve the transportation or transmission of electricity or other energy product from renewable energy projects.
</P>
<P>(b) A RUE grant authorizes the holder to construct and maintain facilities or other installations on the OCS that support the production, transportation, or transmission of electricity or other energy product from any renewable energy resource.
</P>
<P>(c) You do not need a ROW grant or RUE grant for a project easement authorized under § 585.200(b) to serve your lease.




</P>
</DIV8>


<DIV8 N="§ 585.301" NODE="30:2.0.3.5.13.4.316.2" TYPE="SECTION">
<HEAD>§ 585.301   What do ROW grants and RUE grants include?</HEAD>
<P>(a) A ROW grant:
</P>
<P>(1) Includes the full length of the corridor on which a cable, pipeline, or associated facility is located;
</P>
<P>(2) Is of a width sufficient to accommodate potential changes at the design and installation phases of the project, with an option for the grant holder to relinquish unused portions of the ROW after construction is complete; and
</P>
<P>(3) For the associated facilities, is limited to the area reasonably necessary for a power or pumping station or other facilities requested.
</P>
<P>(b) A RUE grant includes the site on which a facility or other structure is located and the areal extent of anchors, chains, and other equipment associated with a facility or other structure. The specific boundaries of a RUE will be determined by BOEM on a case-by-case basis and set forth in each RUE grant.




</P>
</DIV8>


<DIV8 N="§ 585.302" NODE="30:2.0.3.5.13.4.316.3" TYPE="SECTION">
<HEAD>§ 585.302   What are the general requirements for ROW grant and RUE grant holders?</HEAD>
<P>(a) To acquire a ROW grant or RUE grant, you must provide evidence that you meet the qualifications set forth in §§ 585.107 and 585.108.
</P>
<P>(b) A ROW grant or RUE grant is subject to the following conditions:
</P>
<P>(1) The rights granted will not prevent the granting of other rights by the United States, either before or after the granting of the ROW or RUE, provided that any subsequent authorization issued by BOEM in the area of a previously issued ROW grant or RUE grant may not unreasonably interfere with activities approved or impede existing operations under such a grant; and
</P>
<P>(2) The holder agrees that the United States, its lessees, or other ROW grant or RUE grant holders may use or occupy any part of the ROW grant or RUE grant not actually occupied or necessarily incident to its use for any necessary activities.




</P>
</DIV8>


<DIV8 N="§ 585.303" NODE="30:2.0.3.5.13.4.316.4" TYPE="SECTION">
<HEAD>§ 585.303   How long will my ROW grant or RUE grant remain in effect?</HEAD>
<P>The periods within the term of your grant are defined as follows:
</P>
<P>(a) Each ROW or RUE grant has a preliminary period of 12 months from the effective date of the ROW or RUE grant within which to submit a GAP. The preliminary period begins on the effective date of the grant. You must submit a GAP no later than the end of the preliminary period for your grant to remain in effect. However, you may submit a GAP before the issuance of your ROW or RUE grant.
</P>
<P>(b) Each ROW or RUE grant has an operations period as set by BOEM (if the grant is issued competitively) or negotiated with the applicant (if the grant is issued noncompetitively). In either case, the duration of the operations period will depend on the intended use of the grant. The operations period begins on the date that we approve your GAP.
</P>
<P>(c) You may request an extension of any of the grant periods outlined in paragraphs (a) and (b) of this section for good cause. In its discretion, BOEM may approve your request.




</P>
</DIV8>


<DIV8 N="§ 585.304" NODE="30:2.0.3.5.13.4.316.5" TYPE="SECTION">
<HEAD>§ 585.304   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="317" NODE="30:2.0.3.5.13.4.317" TYPE="SUBJGRP">
<HEAD>Obtaining ROW Grants and RUE Grants</HEAD>


<DIV8 N="§ 585.305" NODE="30:2.0.3.5.13.4.317.6" TYPE="SECTION">
<HEAD>§ 585.305   How do I request a ROW grant or a RUE grant?</HEAD>
<P>You must submit a request for a new or modified ROW grant or RUE grant to BOEM pursuant to § 585.111. You must submit a separate request for each ROW grant or RUE grant you are requesting. The request must contain the following information:
</P>
<P>(a) The area you are requesting for a ROW grant or RUE grant.
</P>
<P>(b) A general description of your objectives and the facilities that you would use to achieve those objectives.
</P>
<P>(c) A general schedule of proposed activities.
</P>
<P>(d) Pertinent information concerning environmental conditions in the area of interest.




</P>
</DIV8>


<DIV8 N="§ 585.306" NODE="30:2.0.3.5.13.4.317.7" TYPE="SECTION">
<HEAD>§ 585.306   What action will BOEM take on my request?</HEAD>
<P>BOEM will consider requests for ROW grants and RUE grants on a case-by-case basis and may issue a grant competitively, as provided in § 585.308, or noncompetitively if we determine after public notice that there is no competitive interest. BOEM will coordinate and consult with relevant Federal agencies, the Governor of any affected State, and the executive of any affected local government.
</P>
<P>(a) In response to an unsolicited request for a ROW grant or RUE grant, BOEM will first determine if there is competitive interest, as provided in § 585.307.
</P>
<P>(b) If BOEM determines there is no competitive interest in a ROW or RUE grant, BOEM will publish a notice in the <E T="04">Federal Register</E> of such determination. After BOEM publishes this notice, you are responsible for submitting any required consistency certification and necessary data and information in a timely manner to BOEM and the applicable State CZMA agency pursuant to 15 CFR part 930, subpart D. BOEM may establish terms and conditions for a noncompetitive grant and offer the grant to you:
</P>
<P>(1) If you accept the terms and conditions of the grant, BOEM will issue the grant.
</P>
<P>(2) If you do not accept the terms and conditions of the grant, BOEM may agree to modify the terms and conditions or may decide not to issue the grant.




</P>
</DIV8>


<DIV8 N="§ 585.307" NODE="30:2.0.3.5.13.4.317.8" TYPE="SECTION">
<HEAD>§ 585.307   How will BOEM determine whether competitive interest exists for ROW grants and RUE grants?</HEAD>
<P>To determine whether or not there is competitive interest:
</P>
<P>(a) We will publish a public notice, generally describing the parameters of the project, to give affected and interested parties an opportunity to comment on the proposed ROW grant or RUE grant area.
</P>
<P>(b) We will evaluate any comments received on the notice and make a determination of the level of competitive interest.
</P>
<P>(c) BOEM may consider a State's or Regional Transmission Operator/Independent System Operator's process that identifies a transmission project that needs a ROW and/or a RUE grant to achieve its intended purpose. BOEM may determine that there is no competitive interest that would be consistent with OCSLA's goal of allowing the expeditious and orderly development of OCS energy projects, if offering the ROW and/or RUE competitively could challenge the viability of the transmission project intended to be located on State submerged lands and the OCS (e.g., technical and economic feasibility or practicality concerns, including significant delays, by having different entities holding the right to develop the transmission project in State submerged lands and the OCS).




</P>
</DIV8>


<DIV8 N="§ 585.308" NODE="30:2.0.3.5.13.4.317.9" TYPE="SECTION">
<HEAD>§ 585.308   How will BOEM conduct an auction for ROW grants and RUE grants?</HEAD>
<P>(a) If BOEM determines that there is competitive interest, we will:
</P>
<P>(1) Publish a notice of each grant auction in the <E T="04">Federal Register</E> describing auction procedures, allowing interested persons 30 days to comment; and
</P>
<P>(2) Conduct a competitive auction for issuing the ROW grant or RUE grant. The auction process for ROW grants and RUE grants will be conducted following the same process for leases set forth in §§ 585.210 through 585.226.
</P>
<P>(b) If you are the successful bidder in an auction, you must pay the first year's rent, as provided in § 585.316.




</P>
</DIV8>


<DIV8 N="§ 585.309" NODE="30:2.0.3.5.13.4.317.10" TYPE="SECTION">
<HEAD>§ 585.309   What is the effective date of a ROW grant or a RUE grant?</HEAD>
<P>Your ROW grant or RUE grant becomes effective on the date established by BOEM on the ROW grant or RUE grant instrument.




</P>
</DIV8>


<DIV8 N="§§ 585.310-585.314" NODE="30:2.0.3.5.13.4.317.11" TYPE="SECTION">
<HEAD>§§ 585.310-585.314   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="318" NODE="30:2.0.3.5.13.4.318" TYPE="SUBJGRP">
<HEAD>Financial Requirements for ROW Grants and RUE Grants</HEAD>


<DIV8 N="§ 585.315" NODE="30:2.0.3.5.13.4.318.12" TYPE="SECTION">
<HEAD>§ 585.315   What deposits are required for a competitive ROW grant or RUE grant?</HEAD>
<P>(a) You must make a deposit, as required in § 585.501(a), regardless of whether the auction is a sealed-bid, oral, electronic, or other auction format. BOEM will specify in the sale notice the official to whom you must submit the payment, the time by which the official must receive the payment, and the forms of acceptable payment.
</P>
<P>(b) If your high bid is rejected, we will provide a written statement of reasons.
</P>
<P>(c) For all rejected bids, we will refund, without interest, any money deposited with your bid.




</P>
</DIV8>


<DIV8 N="§ 585.316" NODE="30:2.0.3.5.13.4.318.13" TYPE="SECTION">
<HEAD>§ 585.316   What payments are required for ROW grants or RUE grants?</HEAD>
<P>Before we issue the ROW grant or RUE grant, you must pay:
</P>
<P>(a) Any balance on accepted high bids to Office of Natural Resources Revenue (ONRR), as provided in the sale notice.
</P>
<P>(b) An annual rent for the first year of the grant, as specified in § 585.508.




</P>
</DIV8>


<DIV8 N="§§ 585.317-585.399" NODE="30:2.0.3.5.13.4.318.14" TYPE="SECTION">
<HEAD>§§ 585.317-585.399   [Reserved]</HEAD>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="E" NODE="30:2.0.3.5.13.5" TYPE="SUBPART">
<HEAD>Subpart E—Lease and Grant Administration</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 42736, May 15, 2024, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§§ 585.400-585.404" NODE="30:2.0.3.5.13.5.319.1" TYPE="SECTION">
<HEAD>§§ 585.400-585.404   [Reserved]</HEAD>
</DIV8>


<DIV7 N="319" NODE="30:2.0.3.5.13.5.319" TYPE="SUBJGRP">
<HEAD>Designation of Operator</HEAD>


<DIV8 N="§ 585.405" NODE="30:2.0.3.5.13.5.319.2" TYPE="SECTION">
<HEAD>§ 585.405   How do I designate an operator?</HEAD>
<P>(a) If you intend to designate an operator who is not the lessee or grant holder, you must identify the proposed operator in your SAP (under § 585.610(a)(3)), COP (under § 585.626(a)(2)), or GAP (under § 585.645(a)(2)), as applicable. If no operator is designated in a SAP, COP, or GAP, BOEM will deem the lessee or grant holder to be the operator.
</P>
<P>(b) An operator must be designated in any SAP, COP, or GAP if there is more than one lessee or grant holder for any individual lease or grant.
</P>
<P>(c) Once approved in your plan, the designated operator is authorized to act on your behalf and required to perform activities necessary to comply with the OCS Lands Act, the lease or grant, and the regulations in this part.
</P>
<P>(d) You, or your designated operator, must immediately provide BOEM with a written notification of change of address of the lessee or operator.
</P>
<P>(e) If there is a change in the designated operator, you must provide written notice to BOEM and identify the new designated operator within 72 hours on a form approved by BOEM. The lessee(s) or grantee(s) is the operator and responsible for compliance until BOEM approves designation of the new operator.
</P>
<P>(f) Designation of an operator under any lease or grant issued under this part does not relieve the lessee or grant holder of its obligations under this part or its lease or grant.
</P>
<P>(g) A designated operator performing activities on the lease must comply with all regulations governing those activities and may be held liable or penalized for any noncompliance during the time it was the operator, notwithstanding its subsequent resignation.




</P>
</DIV8>


<DIV8 N="§ 585.406" NODE="30:2.0.3.5.13.5.319.3" TYPE="SECTION">
<HEAD>§ 585.406   Who is responsible for fulfilling lease and grant obligations?</HEAD>
<P>(a) When you are not the sole lessee or grantee, you and your co-lessee(s) or co-grantee(s) are jointly and severally responsible for fulfilling your obligations under the lease or grant and the provisions of this part and 30 CFR part 285, unless otherwise provided in this part.
</P>
<P>(b) If your designated operator fails to fulfill any of your obligations under the lease or grant and this part, BOEM may require you or any or all of your co-lessees or co-grantees to fulfill those obligations or other operational obligations under the OCS Lands Act, the lease, grant, or this part.
</P>
<P>(c) Whenever the regulations in this part require the lessee or grantee to conduct an activity in a prescribed manner, the lessee or grantee and operator (if one has been designated) are jointly and severally responsible for complying with this part.




</P>
</DIV8>


<DIV8 N="§ 585.407" NODE="30:2.0.3.5.13.5.319.4" TYPE="SECTION">
<HEAD>§ 585.407   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="320" NODE="30:2.0.3.5.13.5.320" TYPE="SUBJGRP">
<HEAD>Lease or Grant Assignment, Segregation, and Consolidation</HEAD>


<DIV8 N="§ 585.408" NODE="30:2.0.3.5.13.5.320.5" TYPE="SECTION">
<HEAD>§ 585.408   May I assign my lease or grant interest?</HEAD>
<P>(a) You may assign all or part of your lease or grant interest, including record title, to one or more parties, subject to BOEM approval under this subpart. Each instrument that creates or transfers an interest must describe the entire tract or describe by officially designated subdivisions the interest you propose to create or transfer. Your application to assign a lease or grant may include a request to modify the existing lease or grant period schedule consistent with § 585.235(d).
</P>
<P>(b) If you submit an application to assign a lease or grant, you will continue to be responsible for payments that are or become due on the lease or grant until the date BOEM approves the assignment.
</P>
<P>(c) The assignment takes effect on the first day of the month following the date on which BOEM approves your request, unless you request an earlier effective date and BOEM approves that earlier date, but such earlier effective date, if prior to the date of BOEM's approval, does not relieve you of your obligations accrued between that earlier effective date and the date of approval.
</P>
<P>(d) You do not need to request an assignment for business mergers, name changes, or changes of business form. You must notify BOEM of these events under § 585.110.




</P>
</DIV8>


<DIV8 N="§ 585.409" NODE="30:2.0.3.5.13.5.320.6" TYPE="SECTION">
<HEAD>§ 585.409   How do I request approval of a lease or grant assignment?</HEAD>
<P>(a) You must request approval of each assignment on a form approved by BOEM and submit originals of each instrument that creates or transfers ownership of record title or certified copies thereof within 90 days after the last party executes the transfer agreement.
</P>
<P>(b) Any assignee will be subject to all the terms and conditions of your original lease or grant, including the requirement to furnish financial assurance in the amount required in §§ 585.516 through 585.537.
</P>
<P>(c) The assignee must submit proof of eligibility and other qualifications specified in §§ 585.107 and 585.108.
</P>
<P>(d) Persons executing on behalf of the assignor and assignee must furnish evidence of authority to execute the assignment.




</P>
</DIV8>


<DIV8 N="§ 585.410" NODE="30:2.0.3.5.13.5.320.7" TYPE="SECTION">
<HEAD>§ 585.410   When will my assignment result in a segregated lease?</HEAD>
<P>(a) When there is an assignment by all record title owners of 100 percent of the record title to one or more aliquots in a lease, the assigned and retained portions become segregated into separate and distinct leases. In such a case, both the new lease and the remaining portion of the original lease are referred to as “segregated leases” and the assignee becomes the record title owner of the new lease, which is subject to all the terms and conditions of the original lease. The financial assurance requirements of subpart F of this part apply separately to each segregated lease.
</P>
<P>(b) If a record title owner transfers an undivided interest of less than 100 percent of the record title interest in any given aliquot, that transfer will not segregate the portions of that aliquot, or the whole aliquot, in which part of the record title was transferred, into a separate lease from the portions in which no interest was transferred. Instead, that transfer will create a joint ownership between the assignee and assignor in the portions of the lease in which part of the record title interest was transferred.
</P>
<P>(c) When a lease becomes segregated, BOEM may issue separate Plan approvals for a segregated lease or take other actions within its discretion.




</P>
</DIV8>


<DIV8 N="§ 585.411" NODE="30:2.0.3.5.13.5.320.8" TYPE="SECTION">
<HEAD>§ 585.411   How does an assignment affect the assignor's liability?</HEAD>
<P>As assignor, you are liable for all obligations, monetary and nonmonetary, that accrued under your lease or grant before BOEM approves your assignment. Our approval of the assignment does not relieve you of these accrued obligations. BOEM may require you to bring the lease or grant into compliance to the extent the obligation accrued before the effective date of your assignment if your assignee or subsequent assignees fail to perform any obligation under the lease or grant.




</P>
</DIV8>


<DIV8 N="§ 585.412" NODE="30:2.0.3.5.13.5.320.9" TYPE="SECTION">
<HEAD>§ 585.412   How does an assignment affect the assignee's liability?</HEAD>
<P>(a) As assignee, you are liable for all lease or grant obligations that accrue after BOEM approves the assignment. As assignee, you must comply with all the terms and conditions of the lease or grant and all applicable regulations, remedy all existing environmental and operational problems on the lease or grant, and comply with all decommissioning requirements under 30 CFR part 285, subpart I.
</P>
<P>(b) Assignees are bound to comply with each term or condition of the lease or grant and the regulations in this part and 30 CFR part 285. You are jointly and severally liable for the performance of all obligations under the lease or grant and under the regulations in this part and 30 CFR part 285 with each prior and subsequent lessee who held an interest from the time the obligation accrued until it is satisfied, unless this part provides otherwise.




</P>
</DIV8>


<DIV8 N="§ 585.413" NODE="30:2.0.3.5.13.5.320.10" TYPE="SECTION">
<HEAD>§ 585.413   How do I consolidate leases or grants?</HEAD>
<P>(a) You may apply to consolidate all or part of two or more adjacent leases or grants held by the same lessee or grant holder into one new lease or grant, subject to BOEM's approval. The application must include a description of the leases or grants, or portions thereof, to be consolidated, including the relevant lease number, lease blocks, and aliquots.
</P>
<P>(b) An approved consolidation will create a new lease or grant that will be subject to the terms and conditions of the consolidated leases or grants.
</P>
<P>(c) To the extent the leases or grants to be consolidated have different times remaining in the relevant lease or grant periods, BOEM will default to using the shorter remaining periods in the new lease or grant but will consider requests for a revised lease or grant period schedule included in the consolidation application.
</P>
<P>(d) To the extent the leases or grants to be consolidated have other different terms and conditions, BOEM will default to using the terms and conditions in the most recently issued lease or grant to be consolidated for the new lease. BOEM will consider requests for modifications on a case-by-case basis and, in its discretion, approve such requests for good cause.
</P>
<P>(e) Before BOEM will approve your consolidation request, BOEM will assess appropriate financial assurance obligations for the new lease or grant per §§ 585.516 and 585.517 or §§ 585.520 and 585.521.
</P>
<P>(f) Any consolidated leases and grants that have been absorbed into the new lease or grant in their entirety will be considered terminated at the time of consolidation approval.




</P>
</DIV8>


<DIV8 N="§ 585.414" NODE="30:2.0.3.5.13.5.320.11" TYPE="SECTION">
<HEAD>§ 585.414   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="321" NODE="30:2.0.3.5.13.5.321" TYPE="SUBJGRP">
<HEAD>Lease or Grant Suspension</HEAD>


<DIV8 N="§ 585.415" NODE="30:2.0.3.5.13.5.321.12" TYPE="SECTION">
<HEAD>§ 585.415   What is a lease or grant suspension?</HEAD>
<P>(a) A suspension is an interruption of the period of your lease or grant that may occur:
</P>
<P>(1) As approved by BOEM at your request, as provided in § 585.416; or
</P>
<P>(2) As ordered by BOEM, as provided in § 585.417 or by BSEE as provided in 30 CFR 285.417.
</P>
<P>(b) A lease or grant suspension extends the expiration date for the relevant period of your lease or grant for the length of time the suspension is in effect.
</P>
<P>(c) Activities may not be conducted on your lease or grant during the period of a suspension except as expressly authorized under the terms of the lease or grant suspension.




</P>
</DIV8>


<DIV8 N="§ 585.416" NODE="30:2.0.3.5.13.5.321.13" TYPE="SECTION">
<HEAD>§ 585.416   How do I request a lease or grant suspension?</HEAD>
<P>(a) You must submit a written request to BOEM that includes the following information no later than 90 calendar days before the expiration of your appropriate lease or grant period:
</P>
<P>(1) The reasons you are requesting suspension of your lease or grant, including an explanation why the suspension is necessary.
</P>
<P>(2) The length of additional time requested.
</P>
<P>(3) An explanation why it is in the public interest to approve the suspension.
</P>
<P>(4) Any other information BOEM may require.
</P>
<P>(b) If you are unable to timely submit a COP or GAP, as required, you may request a suspension to extend the preliminary period of your lease or grant. Your request must include a revised schedule for submission of your COP or GAP, as appropriate.




</P>
</DIV8>


<DIV8 N="§ 585.417" NODE="30:2.0.3.5.13.5.321.14" TYPE="SECTION">
<HEAD>§ 585.417   When may BOEM order a suspension?</HEAD>
<P>BOEM may order a suspension under the following circumstances:
</P>
<P>(a) When necessary to comply with judicial decrees prohibiting some or all activities under your lease; or
</P>
<P>(b) When the suspension is necessary for reasons of national security or defense.




</P>
</DIV8>


<DIV8 N="§ 585.418" NODE="30:2.0.3.5.13.5.321.15" TYPE="SECTION">
<HEAD>§ 585.418   How will BOEM issue a suspension?</HEAD>
<P>(a) BOEM will issue a suspension order orally or in writing.
</P>
<P>(b) BOEM will send you a written suspension order as soon as practicable after issuing an oral suspension order.
</P>
<P>(c) The written order will explain the reasons for its issuance and describe the effect of the suspension order on your lease or grant and any associated activities. BOEM may authorize certain activities during the period of the suspension, as set forth in the suspension order.




</P>
</DIV8>


<DIV8 N="§ 585.419" NODE="30:2.0.3.5.13.5.321.16" TYPE="SECTION">
<HEAD>§ 585.419   What are my immediate responsibilities if I receive a suspension order?</HEAD>
<P>You must comply with the terms of a suspension order upon receipt and take any action prescribed within the time set forth therein.




</P>
</DIV8>


<DIV8 N="§ 585.420" NODE="30:2.0.3.5.13.5.321.17" TYPE="SECTION">
<HEAD>§ 585.420   What effect does a suspension order have on my payments?</HEAD>
<P>(a) While BOEM evaluates your request for a suspension under § 585.416, you must continue to fulfill your payment obligation until the end of the original term of your lease or grant. If our evaluation goes beyond the end of the original term of your lease or grant, the term of your lease or grant will be extended for the period of time necessary for BOEM to complete its evaluation of your request, but you will not be required to make payments during the time of the extension.
</P>
<P>(b) If BOEM approves your request for a suspension under § 585.416, or orders a suspension under § 585.417, BOEM may waive or defer your payment obligations during the suspension. BOEM's decision to waive or defer payments will depend on the reasons for the suspension, including your responsibility for the circumstances necessitating a suspension.




</P>
</DIV8>


<DIV8 N="§ 585.421" NODE="30:2.0.3.5.13.5.321.18" TYPE="SECTION">
<HEAD>§ 585.421   How long will a lease or grant suspension be in effect?</HEAD>
<P>A lease or grant suspension will be in effect for the period specified by BOEM.
</P>
<P>(a) BOEM will not approve a lease or grant suspension request pursuant to § 585.416 for a period longer than 2 years.
</P>
<P>(b) If BOEM determines that the circumstances giving rise to a suspension ordered under § 585.417 cannot be resolved within 5 years, the Secretary may initiate cancellation of the lease or grant.


</P>
</DIV8>

</DIV7>


<DIV7 N="322" NODE="30:2.0.3.5.13.5.322" TYPE="SUBJGRP">
<HEAD>Lease or Grant Cancellation</HEAD>


<DIV8 N="§ 585.422" NODE="30:2.0.3.5.13.5.322.19" TYPE="SECTION">
<HEAD>§ 585.422   When can my lease or grant be canceled?</HEAD>
<P>(a) The Secretary will cancel any lease or grant issued under this part upon proof that it was obtained by fraud or misrepresentation, and after notice and opportunity to be heard has been afforded to the lessee or grant holder.
</P>
<P>(b) The Secretary may cancel any lease or grant issued under this part when:
</P>
<P>(1) The Secretary determines after notice and opportunity for a hearing that, with respect to the lease or grant that would be canceled, the lessee or grantee has failed to comply with any applicable provision of the OCS Lands Act or this part; any order of the Director; or any term, condition, or stipulation contained in the lease or grant, and that the failure to comply continued 30 days (or other period BOEM specifies) after you receive notice from BOEM. The Secretary will mail a notice by registered or certified letter to the lessee or grantee at its record post office address;
</P>
<P>(2) The Secretary determines after notice and opportunity for a hearing that you have terminated commercial operations under your COP, as provided in § 585.635, or other approved activities under your GAP, as provided in § 585.656;
</P>
<P>(3) Required by national security or defense; or
</P>
<P>(4) The Secretary determines after notice and opportunity for a hearing that continued activity under the lease or grant:
</P>
<P>(i) Would cause serious harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance; and
</P>
<P>(ii) That the threat of harm or damage would not disappear or decrease to an acceptable extent within a reasonable period of time; and
</P>
<P>(iii) The advantages of cancellation outweigh the advantages of continuing the lease or grant in force.




</P>
</DIV8>


<DIV8 N="§§ 585.423-585.424" NODE="30:2.0.3.5.13.5.322.20" TYPE="SECTION">
<HEAD>§§ 585.423-585.424   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="323" NODE="30:2.0.3.5.13.5.323" TYPE="SUBJGRP">
<HEAD>Lease or Grant Renewal</HEAD>


<DIV8 N="§ 585.425" NODE="30:2.0.3.5.13.5.323.21" TYPE="SECTION">
<HEAD>§ 585.425   May I obtain a renewal of my lease or grant before it terminates?</HEAD>
<P>You may request renewal of the operations period of your lease or the original authorized period of your grant. BOEM, at its discretion, may approve a renewal request to conduct substantially similar activities as were originally authorized under the lease or grant. BOEM will not approve a renewal request that involves development of a type of renewable energy not originally authorized in the lease or grant. BOEM may revise or adjust payment terms of the original lease, as a condition of lease renewal.




</P>
</DIV8>


<DIV8 N="§ 585.426" NODE="30:2.0.3.5.13.5.323.22" TYPE="SECTION">
<HEAD>§ 585.426   When must I submit my request for renewal?</HEAD>
<P>(a) You must request a renewal from BOEM:
</P>
<P>(1) No later than 180 days before the termination date of your limited lease or grant.
</P>
<P>(2) No later than two years before the termination date of the operations period of your commercial lease.
</P>
<P>(b) You must submit to BOEM all information we request pertaining to your lease or grant and your renewal request.




</P>
</DIV8>


<DIV8 N="§ 585.427" NODE="30:2.0.3.5.13.5.323.23" TYPE="SECTION">
<HEAD>§ 585.427   How long is a renewal?</HEAD>
<P>BOEM will set the length of the renewal at the time of renewal on a case-by-case basis.
</P>
<P>(a) For commercial leases, the length of the renewal will not exceed the original operations period unless a longer time is negotiated by the parties.
</P>
<P>(b) For limited leases, the length of the renewal will not exceed the original operations period.
</P>
<P>(c) For RUE and ROW grants, a renewal will continue for as long as the associated activities are conducted and facilities properly maintained and used for the purpose for which the grant was made, unless otherwise expressly stated.




</P>
</DIV8>


<DIV8 N="§ 585.428" NODE="30:2.0.3.5.13.5.323.24" TYPE="SECTION">
<HEAD>§ 585.428   What effect does applying for a renewal have on my activities and payments?</HEAD>
<P>If you timely request a renewal:
</P>
<P>(a) You may continue to conduct activities approved under your lease or grant under the original terms and conditions for as long as your request is pending decision by BOEM.
</P>
<P>(b) You may request a suspension of your lease or grant, as provided in § 585.416, while we consider your request.
</P>
<P>(c) For the period BOEM considers your request for renewal, you must continue to make all payments in accordance with the original terms and conditions of your lease or grant.




</P>
</DIV8>


<DIV8 N="§ 585.429" NODE="30:2.0.3.5.13.5.323.25" TYPE="SECTION">
<HEAD>§ 585.429   What criteria will BOEM consider in deciding whether to renew a lease or grant?</HEAD>
<P>BOEM will consider the following criteria in deciding whether to renew a lease or grant:
</P>
<P>(a) Design life of existing technology.
</P>
<P>(b) Availability and feasibility of new technology.
</P>
<P>(c) Environmental and safety record of the lessee or grantee.
</P>
<P>(d) Operational and financial compliance record of the lessee or grantee.
</P>
<P>(e) Competitive interest and fair return considerations.
</P>
<P>(f) Effects of the lease or grant on generation capacity and reliability within the regional electrical distribution and transmission system.
</P>
<P>(g) Other relevant factors, as appropriate.




</P>
</DIV8>


<DIV8 N="§§ 585.430-585.431" NODE="30:2.0.3.5.13.5.323.26" TYPE="SECTION">
<HEAD>§§ 585.430-585.431   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="324" NODE="30:2.0.3.5.13.5.324" TYPE="SUBJGRP">
<HEAD>Lease or Grant Termination</HEAD>


<DIV8 N="§ 585.432" NODE="30:2.0.3.5.13.5.324.27" TYPE="SECTION">
<HEAD>§ 585.432   When does my lease or grant terminate?</HEAD>
<P>Your lease or grant terminates on whichever of the following dates occurs first:
</P>
<P>(a) The expiration of the applicable period of your lease or grant, unless the relevant period is extended under § 585.235(b) or § 585.236(b), a request for renewal of your lease or grant is pending a decision by BOEM, or your lease or grant is suspended or renewed as provided in this subpart, in which case it terminates on the date set forth in the notice of suspension or renewal;
</P>
<P>(b) A cancellation, as set forth in § 585.422; or
</P>
<P>(c) Relinquishment, as set forth in § 585.435.




</P>
</DIV8>


<DIV8 N="§ 585.433" NODE="30:2.0.3.5.13.5.324.28" TYPE="SECTION">
<HEAD>§ 585.433   What must I do after my lease or grant terminates?</HEAD>
<P>(a) After your lease or grant terminates, you must:
</P>
<P>(1) Make all payments due, including any accrued rentals and deferred bonuses; and
</P>
<P>(2) Perform any other outstanding obligations under the lease or grant within 6 months.
</P>
<P>(b) Within 2 years following termination of a lease or grant, you must remove or dispose of all facilities, installations, and other devices permanently or temporarily attached to the seabed on the OCS in accordance with your BOEM-issued lease for hydrokinetic facilities or an application approved by BSEE under 30 CFR part 285, subpart I.
</P>
<P>(c) If you fail to comply with your BOEM-issued lease for hydrokinetic facilities or decommissioning application:
</P>
<P>(1) BOEM may call for the forfeiture of your financial assurance; and
</P>
<P>(2) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure.




</P>
</DIV8>


<DIV8 N="§ 585.434" NODE="30:2.0.3.5.13.5.324.29" TYPE="SECTION">
<HEAD>§ 585.434   When may BOEM authorize facilities to remain in place following termination of a lease or grant?</HEAD>
<P>(a) In your decommissioning application that you submit to BSEE in accordance with 30 CFR 285.905 and 285.906, you may request that certain facilities authorized in your lease or grant remain in place for activities authorized in this part, elsewhere in this subchapter, or by other applicable Federal laws.
</P>
<P>(b) BOEM may approve such requests on a case-by-case basis considering the following:
</P>
<P>(1) Potential impacts to the marine environment;
</P>
<P>(2) Competing uses of the OCS;
</P>
<P>(3) Impacts on marine safety and national defense;
</P>
<P>(4) Maintenance of adequate financial assurance; and
</P>
<P>(5) Other factors determined by the Director.
</P>
<P>(c) Except as provided in paragraph (d) of this section, if BOEM authorizes facilities to remain in place, the former lessee or grantee under this part remains jointly and severally liable for decommissioning the facility unless satisfactory evidence is provided to BOEM showing that another party has assumed that responsibility and has secured adequate financial assurances.
</P>
<P>(d) In your decommissioning application, you may request that certain facilities authorized in your lease or grant be converted to an artificial reef or otherwise toppled in place. BOEM will evaluate all such requests.


</P>
</DIV8>

</DIV7>


<DIV7 N="325" NODE="30:2.0.3.5.13.5.325" TYPE="SUBJGRP">
<HEAD>Lease or Grant Relinquishment, Contraction, or Cancellation</HEAD>


<DIV8 N="§ 585.435" NODE="30:2.0.3.5.13.5.325.30" TYPE="SECTION">
<HEAD>§ 585.435   How can I relinquish a lease or a grant or parts of a lease or grant?</HEAD>
<P>(a) You may surrender a lease or grant, or a designated subdivision thereof, by filing with BOEM a properly completed official relinquishment form available on the BOEM website. A relinquishment takes effect on the date BOEM receives your completed form, subject to the continued obligation of the lessee or grant holder and the surety to:
</P>
<P>(1) Make all payments due on the lease or grant, including any accrued rent and deferred bonuses;
</P>
<P>(2) Decommission all facilities on the relinquished lease or grant (or portion thereof) to BSEE's satisfaction; and
</P>
<P>(3) Perform any other outstanding obligations under the lease or grant.
</P>
<P>(b) After you submit a completed relinquishment form for a lease or grant, ONRR will bill you for any outstanding payments that have accrued from obligations arising under the relinquished lease or grant.




</P>
</DIV8>


<DIV8 N="§ 585.436" NODE="30:2.0.3.5.13.5.325.31" TYPE="SECTION">
<HEAD>§ 585.436   Can BOEM require lease or grant contraction?</HEAD>
<P>At an interval no more frequent than every 5 years, BOEM may review your lease or grant area to determine whether the lease or grant area is larger than needed to develop the project and manage activities in a manner that is consistent with the provisions of this part. BOEM will notify you of our proposal to contract the lease or grant area.
</P>
<P>(a) BOEM will give you the opportunity to present orally or in writing information demonstrating that you need the area in question to manage lease or grant activities consistent with this part.
</P>
<P>(b) Prior to taking action to contract the lease or grant area, BOEM will issue a decision addressing your contentions that the area is needed.
</P>
<P>(c) You may appeal this decision under § 585.118.




</P>
</DIV8>


<DIV8 N="§ 585.437" NODE="30:2.0.3.5.13.5.325.32" TYPE="SECTION">
<HEAD>§ 585.437   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 585.438" NODE="30:2.0.3.5.13.5.325.33" TYPE="SECTION">
<HEAD>§ 585.438   What happens to leases or grants (or portions thereof) that have been relinquished, contracted, or cancelled?</HEAD>
<P>(a) If a lease or grant (or portion thereof) is relinquished, contracted, or cancelled under § 585.435, § 585.436, or § 585.422, respectively, BOEM may restart the competitive leasing process at any point set forth in § 585.210 that it deems reasonable and appropriate (<I>e.g.,</I> Call, area identification, PSN, or FSN), subject to all necessary environmental analyses and consultations.
</P>
<P>(b) If a competitively issued lease or grant (or portion thereof) is relinquished or cancelled under § 585.435 or § 585.422, respectively, within six months of the auction, BOEM may reoffer the lease or grant (or portion thereof) to the next highest bidder from that auction, if one can be identified. If BOEM decides to reoffer to the next highest bidder, the price will be the next best bid, or a prorated amount based on the size of the relinquished share, as long as the next best bid reflects a fair return to the government.




</P>
</DIV8>


<DIV8 N="§§ 585.439-585.499" NODE="30:2.0.3.5.13.5.325.34" TYPE="SECTION">
<HEAD>§§ 585.439-585.499   [Reserved]</HEAD>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="F" NODE="30:2.0.3.5.13.6" TYPE="SUBPART">
<HEAD>Subpart F—Payments and Financial Assurance Requirements</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 42740, May 15, 2024, unless otherwise noted.


</PSPACE></SOURCE>

<DIV7 N="326" NODE="30:2.0.3.5.13.6.326" TYPE="SUBJGRP">
<HEAD>Payments</HEAD>


<DIV8 N="§ 585.500" NODE="30:2.0.3.5.13.6.326.1" TYPE="SECTION">
<HEAD>§ 585.500   How do I make payments under this part?</HEAD>
<P>(a) For acquisition fees or the initial 12 months' rent paid for the preliminary period of your lease, you must make your electronic payments through the Fees for Services page on the BOEM website at <I>https://www.boem.gov,</I> and you must include one copy of the <I>Pay.gov</I> confirmation receipt page with your unsolicited request.
</P>
<P>(b) For all other required rent payments and for operating fee payments, you must make your payments as required in 30 CFR 1218.51.
</P>
<P>(c) The following table summarizes payments you must make for leases and grants, unless otherwise specified in the Final Sale Notice:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col"> 
</TH><TH class="gpotbl_colhed" scope="col">Payment
</TH><TH class="gpotbl_colhed" scope="col">Amount
</TH><TH class="gpotbl_colhed" scope="col">Due date
</TH><TH class="gpotbl_colhed" scope="col">Payment mechanism
</TH><TH class="gpotbl_colhed" scope="col">Section


<br/>reference
</TH></TR><TR><TD align="center" class="gpotbl_cell" colspan="6" scope="row"><E T="02">Initial payments for leases</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) If your lease is issued competitively</TD><TD align="left" class="gpotbl_cell">Bid Deposit</TD><TD align="left" class="gpotbl_cell">As set in Final Sale Notice/depends on bid</TD><TD align="left" class="gpotbl_cell">With bid</TD><TD align="left" class="gpotbl_cell"><E T="03">Pay.gov</E></TD><TD align="left" class="gpotbl_cell">§ 585.501.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">Bonus Balance</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">Within 10 business days of receiving the unsigned lease</TD><TD align="left" class="gpotbl_cell">30 CFR 1218.51</TD><TD align="left" class="gpotbl_cell">§ 585.225.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) If your lease is issued non-competitively</TD><TD align="left" class="gpotbl_cell">Acquisition Fee</TD><TD align="left" class="gpotbl_cell">$0.25 per acre, unless otherwise set by the Director</TD><TD align="left" class="gpotbl_cell">With application</TD><TD align="left" class="gpotbl_cell"><E T="03">Pay.gov</E></TD><TD align="left" class="gpotbl_cell">§ 585.502.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) All leases</TD><TD align="left" class="gpotbl_cell">Initial Rent</TD><TD align="left" class="gpotbl_cell">$3 per acre per year</TD><TD align="left" class="gpotbl_cell">Within 45 calendar days after receiving your copy of the executed lease from BOEM</TD><TD align="left" class="gpotbl_cell"><E T="03">Pay.gov</E></TD><TD align="left" class="gpotbl_cell">§ 585.503.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="6" scope="row"><E T="02">Subsequent payments for leases and project easements</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) All leases</TD><TD align="left" class="gpotbl_cell">Subsequent Rent, unless otherwise provided in the terms of the lease</TD><TD align="left" class="gpotbl_cell">$3 per acre per year</TD><TD align="left" class="gpotbl_cell">Annually</TD><TD align="left" class="gpotbl_cell">30 CFR 1218.51</TD><TD align="left" class="gpotbl_cell">§§ 585.503 and 585.504.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) If you have a project easement</TD><TD align="left" class="gpotbl_cell">Rent, unless otherwise provided in the terms of the grant</TD><TD align="left" class="gpotbl_cell">Greater of $5 per acre per year or $450 per year</TD><TD align="left" class="gpotbl_cell">Upon COP or GAP approval, then annually</TD><TD align="left" class="gpotbl_cell">30 CFR 1218.51</TD><TD align="left" class="gpotbl_cell">§ 585.507.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) If your commercial lease is producing</TD><TD align="left" class="gpotbl_cell">Operating Fee</TD><TD align="left" class="gpotbl_cell">Determined by the formula in § 585.506</TD><TD align="left" class="gpotbl_cell">Annually</TD><TD align="left" class="gpotbl_cell">30 CFR 1218.51</TD><TD align="left" class="gpotbl_cell">§ 585.506.
</TD></TR><TR><TD align="center" class="gpotbl_cell" colspan="6" scope="row"><E T="02">Payments for ROW grants and RUE grants</E> 
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) All ROW grants and RUE grants</TD><TD align="left" class="gpotbl_cell">Initial Rent</TD><TD align="left" class="gpotbl_cell">Greater of $5 per acre per year or $450 per year, unless otherwise established in the grant</TD><TD align="left" class="gpotbl_cell">Grant execution</TD><TD align="left" class="gpotbl_cell"><E T="03">Pay.gov</E></TD><TD align="left" class="gpotbl_cell">§ 585.508.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">Subsequent Rent</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">Annually or in 5-year batches</TD><TD align="left" class="gpotbl_cell">30 CFR 1218.51
</TD><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> There is no acquisition fee for ROW grants or RUE grants.</P></DIV></DIV>
</DIV8>


<DIV8 N="§ 585.501" NODE="30:2.0.3.5.13.6.326.2" TYPE="SECTION">
<HEAD>§ 585.501   What deposits must I submit for a competitively issued lease, ROW grant, or RUE grant?</HEAD>
<P>(a) For a competitively issued lease or grant, BOEM may require a bid deposit before the auction as established in the FSN.
</P>
<P>(b) The provisional winner of a lease must pay the balance of its accepted bid in accordance with § 585.225.




</P>
</DIV8>


<DIV8 N="§ 585.502" NODE="30:2.0.3.5.13.6.326.3" TYPE="SECTION">
<HEAD>§ 585.502   What initial payment requirements must I meet to obtain a noncompetitive lease, ROW grant, or RUE grant?</HEAD>
<P>When requesting a noncompetitive lease, you must meet the initial payment (acquisition fee) requirements of this section, unless specified otherwise in your lease instrument. No initial payment is required when requesting noncompetitive ROW grants and RUE grants.
</P>
<P>(a) If you request a noncompetitive lease, you must submit an acquisition fee of $0.25 per acre, unless otherwise set by the Director, as provided in § 585.500.
</P>
<P>(b) If BOEM determines there is no competitive interest, we will then:
</P>
<P>(1) Retain your acquisition fee if we issue you a lease; or
</P>
<P>(2) Refund your acquisition fee, without interest, if we do not issue your requested lease.
</P>
<P>(c) If we determine that there is a competitive interest in an area you requested, then we will proceed with a competitive lease sale process provided for in subpart C of this part, and we will:
</P>
<P>(1) Apply your acquisition fee to the required deposit for your bid amount if you submit a bid;
</P>
<P>(2) Apply your acquisition fee to your bonus bid if you acquire the lease; or
</P>
<P>(3) Retain your acquisition fee if you do not bid for or acquire the lease.




</P>
</DIV8>


<DIV8 N="§ 585.503" NODE="30:2.0.3.5.13.6.326.4" TYPE="SECTION">
<HEAD>§ 585.503   What are the rent and operating fee requirements for a commercial lease?</HEAD>
<P>(a) The rent for a commercial lease is $3 per acre per year, unless otherwise established in the FSN or lease.
</P>
<P>(1) You must pay ONRR the first 12 months' rent no later than 45 calendar days after you receive your copy of the executed lease from BOEM under § 585.500(c)(3).
</P>
<P>(2) You must pay ONRR as provided in 30 CFR 1218.51 the rent due at the beginning of each subsequent 1-year period for the entire lease area until the facility begins commercial operations as specified in § 585.506 or as otherwise specified in the FSN or lease:
</P>
<P>(i) For leases issued competitively, BOEM will specify in the FSN and lease any adjustment to the rent that will take effect during commercial operations but before the operations period.
</P>
<P>(ii) For leases issued noncompetitively, BOEM will specify in the lease any adjustment to the rent that will take effect during commercial operations but before the operations period.
</P>
<P>(3) You must pay ONRR as provided in 30 CFR 1218.51 the rent due for a project easement in addition to the lease rent as provided in § 585.507. You must commence rent payments for your project easement upon BOEM's approval of your COP or GAP.
</P>
<P>(b) After your lease begins commercial operations, you must pay the operating fees in the amount specified in § 585.506. Regardless of whether the lease is awarded competitively or noncompetitively, BOEM will specify in the lease when operating fees commence.




</P>
</DIV8>


<DIV8 N="§ 585.504" NODE="30:2.0.3.5.13.6.326.5" TYPE="SECTION">
<HEAD>§ 585.504   How are my payments affected if I develop my commercial lease in phases?</HEAD>
<P>If you develop your commercial lease in phases as approved by BOEM in your COP under § 585.238, you must pay ONRR as provided in 30 CFR 1218.51:
</P>
<P>(a) Rent on the portion of the lease that has not commenced commercial operations.
</P>
<P>(b) Operating fees on the portion of the lease that has commenced commercial operations, in the amount specified in § 585.506 and as described in § 585.503(b).
</P>
<P>(c) Rent for a project easement in addition to lease rent, as provided in § 585.507. You must commence rent payments for your project easement upon our approval of your COP.




</P>
</DIV8>


<DIV8 N="§ 585.505" NODE="30:2.0.3.5.13.6.326.6" TYPE="SECTION">
<HEAD>§ 585.505   What are the rent and operating fee requirements for a limited lease?</HEAD>
<P>(a) The rent for a limited lease is $3 per acre per year, unless otherwise established in the Final Sale Notice and/or your lease instrument.
</P>
<P>(b) You must pay ONRR the initial 12 months' rent 45 days after you receive the lease copies from BOEM in accordance with the requirements provided in § 585.500(c)(3).
</P>
<P>(c) You must pay ONRR as provided in 30 CFR 1218.51 the rent due at the beginning of each subsequent 1-year period on the entire lease area for the duration of your operations period.
</P>
<P>(d) BOEM will not charge an operating fee for the authorized sale of power from a limited lease.




</P>
</DIV8>


<DIV8 N="§ 585.506" NODE="30:2.0.3.5.13.6.326.7" TYPE="SECTION">
<HEAD>§ 585.506   What operating fees must I pay on a commercial lease?</HEAD>
<P>Once you commence commercial operations, you must pay ONRR as provided in 30 CFR 1218.51 operating fees on your commercial lease as described in § 585.503.
</P>
<P>(a) BOEM will determine the annual operating fee for activities relating to the generation of electricity on your lease based on the formula F = M * H * c * P * r, where:
</P>
<P>(1) F is the dollar amount of the annual operating fee;
</P>
<P>(2) M is the nameplate capacity expressed in megawatts;
</P>
<P>(3) H is the number of hours in a year, equal to 8,760, used to calculate an annual payment;
</P>
<P>(4) c is the “capacity factor” representing the anticipated efficiency of the facility's operation expressed as a decimal between zero and one;
</P>
<P>(5) P is a measure of the annual average wholesale electric power price expressed in dollars per megawatt hour, as provided in paragraph (c)(2) of this section; and
</P>
<P>(6) r is the operating fee rate expressed as a decimal between zero and one.
</P>
<P>(b) The annual operating fee formula relating to the value of annual electricity generation is restated as:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Equation 1 to Paragraph (<E T="01">b</E>)
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">F


<br/>(annual operating fee)
</TH><TH class="gpotbl_colhed" scope="col">=
</TH><TH class="gpotbl_colhed" scope="col">M


<br/>(nameplate

<br/>capacity)
</TH><TH class="gpotbl_colhed" scope="col">*
</TH><TH class="gpotbl_colhed" scope="col">H


<br/>(hours per year)
</TH><TH class="gpotbl_colhed" scope="col">*
</TH><TH class="gpotbl_colhed" scope="col">c


<br/>(capacity factor)
</TH><TH class="gpotbl_colhed" scope="col">*
</TH><TH class="gpotbl_colhed" scope="col">P


<br/>(power price)
</TH><TH class="gpotbl_colhed" scope="col">*
</TH><TH class="gpotbl_colhed" scope="col">r


<br/>(operating fee rate)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/><TD align="right" class="gpotbl_cell"/><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(c) BOEM will specify operating fee parameters in the Final Sale Notice for commercial leases issued competitively and in the lease for those issued noncompetitively.
</P>
<P>(1) Unless BOEM specifies otherwise, the operating fee rate “r” is 0.02 for each year the operating fee applies when you begin commercial operations. We may apply a different fee rate for new projects (<I>i.e.,</I> a new generation based on new technology) after considering factors such as program objectives, state of the industry, project type, and project potential. Also, we may agree to reduce or waive the fee rate under § 585.510.
</P>
<P>(2) The power price “P,” for each year when the operating fee applies, will be determined annually. The process by which the power price will be determined will be specified in the Final Sale Notice and/or in the lease. BOEM:
</P>
<P>(i) Will use the most recent annual average wholesale power price in the State in which a project's transmission cables make landfall, as published by the Department of Energy (DOE), Energy Information Administration (EIA), or other publicly available wholesale power price indices; and
</P>
<P>(ii) May adjust the published average wholesale power price to reflect documented variations by State or within a region and recent market conditions.
</P>
<P>(3) BOEM will select the capacity factor “c” based upon applicable analogs drawn from present and future domestic and foreign projects that operate in comparable conditions and on comparable scales.
</P>
<P>(i) Upon the completion of the first year of the operations period on a lease, BOEM may adjust the capacity factor as necessary (to accurately represent a comparison of actual production over a given period of time with the amount of power a facility would have produced if it had run at full capacity) in a subsequent year.
</P>
<P>(ii) After the first adjustment, BOEM may adjust the capacity factor (to accurately represent a comparison of actual generation over a given period of time with the amount of power a facility would have generated if it had run at full capacity) no earlier than in 5-year intervals from the most recent year that BOEM adjusts the capacity factor.
</P>
<P>(iii) The process by which BOEM will adjust the capacity factor, including any calculations (incorporating an average capacity factor reflecting actual operating experience), will be specified in the lease. The operator or lessee may request review and adjustment of the capacity factor under § 585.510.
</P>
<P>(4) For the nameplate capacity “M,” BOEM will use the total installed capacity of the equipment you install, as specified in your approved COP.
</P>
<P>(d) You must submit all operating fee payments to ONRR in accordance with the provisions under 30 CFR 1218.51.
</P>
<P>(e) BOEM will establish the operating fee in the Final Sale Notice or in the lease on a case-by-case basis for:
</P>
<P>(1) Activities that do not relate to the generation of electricity (<I>e.g.,</I> hydrogen production); and
</P>
<P>(2) Leases issued for hydrokinetic activities requiring a FERC license.




</P>
</DIV8>


<DIV8 N="§ 585.507" NODE="30:2.0.3.5.13.6.326.8" TYPE="SECTION">
<HEAD>§ 585.507   What rent payments must I pay on a project easement?</HEAD>
<P>(a) You must pay rent to ONRR as provided in 30 CFR 1218.51 for your project easement in the amount of $5 per acre, subject to a minimum of $450 per year, unless specified otherwise in the lease.
</P>
<P>(1) The size of the project easement will be determined according to § 585.628(g)(1).
</P>
<P>(2) The size of a project easement area for an accessory platform is limited to the areal extent of anchor chains and other facilities and devices associated with the accessory.
</P>
<P>(b) You must commence rent payments for your project easement upon our approval of your COP or GAP:
</P>
<P>(1) You must make the first rent payment as provided in § 585.500;
</P>
<P>(2) You must submit all subsequent rent payments in accordance with the regulations at 30 CFR 1218.51; and
</P>
<P>(3) You must continue to pay annual rent for your project easement until your lease is terminated.




</P>
</DIV8>


<DIV8 N="§ 585.508" NODE="30:2.0.3.5.13.6.326.9" TYPE="SECTION">
<HEAD>§ 585.508   What rent payments must I pay on ROW grants or RUE grants associated with renewable energy projects?</HEAD>
<P>(a) For each ROW grant BOEM approves under subpart D of this part, you must pay annual rent of $5 per acre to ONRR as provided in 30 CFR 1218.51 and as determined by § 585.301(a), but in no case less than $450, for use of the grant, unless specified otherwise in the grant.
</P>
<P>(b) For each RUE grant BOEM approves under subpart D of this part, you must pay rent to ONRR as provided in 30 CFR 1218.51 in the amount of:
</P>
<P>(1) $5 per acre per year; or
</P>
<P>(2) A minimum of $450 per year.
</P>
<P>(c) You must make the rent payments required by paragraphs (a) and (b) of this section on:
</P>
<P>(1) An annual basis;
</P>
<P>(2) For a 5-year period; or
</P>
<P>(3) For multiples of 5 years.
</P>
<P>(d) You must make the first annual rent payment upon approval of your ROW grant or RUE grant request, as provided in § 585.500, and all subsequent rent payments to ONRR in accordance with the regulations at 30 CFR 1218.51.




</P>
</DIV8>


<DIV8 N="§ 585.509" NODE="30:2.0.3.5.13.6.326.10" TYPE="SECTION">
<HEAD>§ 585.509   Who is responsible for submitting lease or grant payments to ONRR?</HEAD>
<P>(a) For each lease, ROW grant, or RUE grant issued under this part, you must identify one person who is responsible for all payments due and payable under the provisions of the lease or grant. The responsible person identified is designated as the payor, and you must document acceptance of such responsibilities, as provided in 30 CFR 1218.52.
</P>
<P>(b) All payors must submit payments and maintain auditable records in accordance with guidance we issue or any applicable regulations in subchapter A of this chapter. In addition, the lessee or grant holder must also maintain such auditable records.




</P>
</DIV8>


<DIV8 N="§ 585.510" NODE="30:2.0.3.5.13.6.326.11" TYPE="SECTION">
<HEAD>§ 585.510   May BOEM defer, reduce, or waive my lease or grant payments?</HEAD>
<P>(a) The BOEM Director may defer, reduce, or waive the rent or operating fee or components of the operating fee, such as the fee rate or capacity factor, when the Director determines that continued activities would be uneconomic without the requested deferral, reduction, or waiver, or that it is necessary to encourage continued or additional activities.
</P>
<P>(b) When requesting a deferral, reduction, or waiver, you must submit an application to BOEM that includes all of the following:
</P>
<P>(1) The number of the lease, ROW grant, or RUE grant involved;
</P>
<P>(2) Name of each lessee or grant holder of record;
</P>
<P>(3) Name of each operator;
</P>
<P>(4) A demonstration that:
</P>
<P>(i) Continued activities would be uneconomic without the requested deferral, reduction, or waiver; or
</P>
<P>(ii) A deferral, reduction, or waiver is necessary to encourage additional activities; and
</P>
<P>(5) Any other information required by the Director.
</P>
<P>(c) No more than 6 years of your operations period will be subject to a full waiver of the operating fee.




</P>
</DIV8>


<DIV8 N="§§ 585.511-585.515" NODE="30:2.0.3.5.13.6.326.12" TYPE="SECTION">
<HEAD>§§ 585.511-585.515   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="327" NODE="30:2.0.3.5.13.6.327" TYPE="SUBJGRP">
<HEAD>Financial Assurance Requirements for Commercial Leases</HEAD>


<DIV8 N="§ 585.516" NODE="30:2.0.3.5.13.6.327.13" TYPE="SECTION">
<HEAD>§ 585.516   What are the financial assurance requirements for each stage of my commercial lease?</HEAD>
<P>(a) The financial assurance requirements for each stage of your commercial lease are:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Before BOEM will . . .
</TH><TH class="gpotbl_colhed" scope="col">You must provide . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Execute a commercial lease or approve an assignment of an existing commercial lease</TD><TD align="left" class="gpotbl_cell">A bond or other authorized financial assurance in the amount of 12 months' rent.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Allow you to install facilities approved in your SAP</TD><TD align="left" class="gpotbl_cell">A supplemental bond or other authorized financial assurance in an amount determined by BOEM based on the anticipated decommissioning costs of the proposed facilities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Allow you to install facilities approved in your COP</TD><TD align="left" class="gpotbl_cell">A supplemental bond or other authorized financial assurance in an amount determined by BOEM based on anticipated decommissioning costs of the proposed facilities. If you propose to incrementally fund your financial assurance instrument, BOEM must approve the schedule for providing the appropriate financial assurance.</TD></TR></TABLE></DIV></DIV>
<P>(b) Each bond or other authorized financial assurance must guarantee compliance with this part, the applicable plan approvals, and the terms and conditions of the lease.
</P>
<P>(c) For hydrokinetic commercial leases, supplemental financial assurance may be required in an amount determined by BOEM prior to installation of facilities pursuant to a FERC license.




</P>
</DIV8>


<DIV8 N="§ 585.517" NODE="30:2.0.3.5.13.6.327.14" TYPE="SECTION">
<HEAD>§ 585.517   How will BOEM determine the supplemental financial assurance associated with commercial leases?</HEAD>
<P>(a) BOEM determines the amount of your supplemental financial assurance based on the estimated costs to meet all accrued lease obligations, including:
</P>
<P>(1) The projected amount of annual rent and other payments due to the United States over the next 12 months, to the extent that amount is not covered in the initial financial assurance provided in § 585.516(a)(1);
</P>
<P>(2) Any past due rent and other payments;
</P>
<P>(3) Other monetary obligations; and
</P>
<P>(4) The estimated cost of facility decommissioning, as required by 30 CFR part 285, subpart I.
</P>
<P>(b) If your cumulative potential obligations and liabilities increase or decrease, we may adjust the amount of the supplemental financial assurance.
</P>
<P>(1) If we propose adjusting your financial assurance amount, we will notify you of the proposed adjustment and give you an opportunity to comment; and
</P>
<P>(2) We may approve a reduced financial assurance amount if you request it and if the reduced amount that you request is sufficient to cover your obligations and liabilities calculated under paragraph (a) of this section.




</P>
</DIV8>


<DIV8 N="§§ 585.518-585.519" NODE="30:2.0.3.5.13.6.327.15" TYPE="SECTION">
<HEAD>§§ 585.518-585.519   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="328" NODE="30:2.0.3.5.13.6.328" TYPE="SUBJGRP">
<HEAD>Financial Assurance for Limited Leases, ROW Grants, and RUE Grants</HEAD>


<DIV8 N="§ 585.520" NODE="30:2.0.3.5.13.6.328.16" TYPE="SECTION">
<HEAD>§ 585.520   What financial assurance must I provide when I obtain my limited lease, ROW grant, or RUE grant?</HEAD>
<P>Before BOEM will execute your limited lease, ROW grant, or RUE grant, or approve an assignment of an interest therein, you or a proposed assignee must guarantee compliance with all terms and conditions of the lease or grant by providing a bond or other authorized financial assurance in the amount of 12 months' rent.




</P>
</DIV8>


<DIV8 N="§ 585.521" NODE="30:2.0.3.5.13.6.328.17" TYPE="SECTION">
<HEAD>§ 585.521   Do my financial assurance requirements change as activities progress on my limited lease or grant?</HEAD>
<P>(a) BOEM may require you to increase or allow you to decrease the amount of your financial assurance as activities progress on your limited lease or grant based on the estimated costs to meet all accrued lease or grant obligations.
</P>
<P>(b) The total amount of the financial assurance must be no less than the amount required to meet your limited lease and grant obligations, including:
</P>
<P>(1) The projected amount of rent and other payments due to the United States over the next 12 months;
</P>
<P>(2) Any past due rent and other payments;
</P>
<P>(3) Other monetary obligations; and
</P>
<P>(4) The estimated cost of facility decommissioning as required by 30 CFR part 285, subpart I.
</P>
<P>(c) If BOEM proposes adjusting the amount of your financial assurance to ensure your limited lease and grant obligations are met, BOEM will notify you of the proposed adjustment and will provide you an opportunity to object.
</P>
<P>(d) You may submit a written request to BOEM to reduce the amount of your financial assurance if your proposed amount is not less than the sum of your obligations listed in paragraph (b) of this section. BOEM may approve your request in its discretion.
</P>
<P>(e) You may satisfy the requirement for increased financial assurance on your limited lease or grant by increasing the amount of your existing bond or by providing a supplemental bond or other financial assurance.
</P>
<P>(1) The supplemental bond or other financial assurance must meet the requirements specified in §§ 585.525 through 585.529.
</P>
<P>(2) If you propose to incrementally fund your financial assurance, BOEM must approve the schedule for providing the appropriate financial assurance.




</P>
</DIV8>


<DIV8 N="§§ 585.522-585.524" NODE="30:2.0.3.5.13.6.328.18" TYPE="SECTION">
<HEAD>§§ 585.522-585.524   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="329" NODE="30:2.0.3.5.13.6.329" TYPE="SUBJGRP">
<HEAD>Requirements for Financial Assurance Instruments</HEAD>


<DIV8 N="§ 585.525" NODE="30:2.0.3.5.13.6.329.19" TYPE="SECTION">
<HEAD>§ 585.525   What general requirements must a financial assurance instrument meet?</HEAD>
<P>(a) Any bond or other acceptable financial assurance instrument that you provide must:
</P>
<P>(1) Be payable to BOEM upon demand; and
</P>
<P>(2) Guarantee compliance of all lessees, grant holders, operators, and payors with all terms and conditions of the lease or grant, any subsequent approvals and authorizations, and all applicable regulations.
</P>
<P>(b) All bonds and other forms of financial assurance must be on or in a form approved by BOEM. You may submit this on an approved form that you have reproduced or generated by use of a computer. If the document you submit omits any terms and conditions that are included on the BOEM-approved form, your bond is deemed to contain the omitted terms and conditions.
</P>
<P>(c) Surety bonds must be issued by an approved surety listed in the current Treasury Circular 570, as required by 31 CFR 223.16. You may obtain a copy of Circular 570 from the Treasury website at <I>https://www.fiscal.treasury.gov/surety-bonds/circular-570.html</I>.
</P>
<P>(d) Your surety bond cannot exceed the underwriting limit listed in the current Treasury Circular 570, except as permitted therein.
</P>
<P>(e) You and a qualified surety must execute your bond. When the surety is a corporation, an authorized corporate officer must sign the bond and attest to it over the corporate seal.
</P>
<P>(f) You may not terminate the period of liability of your bond or cancel your bond, except as provided in this subpart. Bonds must continue in full force and effect even though an event has occurred that could diminish or terminate a surety's obligation under State law.
</P>
<P>(g) Your surety must notify you and BOEM within 5 business days after:
</P>
<P>(1) It initiates any judicial or administrative proceeding alleging its insolvency or bankruptcy; or
</P>
<P>(2) The Treasury decertifies the surety.




</P>
</DIV8>


<DIV8 N="§ 585.526" NODE="30:2.0.3.5.13.6.329.20" TYPE="SECTION">
<HEAD>§ 585.526   What instruments other than a surety bond may I use to meet the financial assurance requirement?</HEAD>
<P>(a) You may use other types of security instruments, if BOEM determines that such security protects BOEM to the same extent as the surety bond. BOEM will consider pledges of the following:
</P>
<P>(1) U.S. Department of Treasury securities identified in 31 CFR part 225;
</P>
<P>(2) A pledge of cash, in an amount equal to the required dollar amount of the financial assurance, to be deposited and maintained in a Federal depository account of the U.S. Treasury;
</P>
<P>(3) Certificates of deposit or savings accounts in a bank or financial institution organized or authorized to transact business in the United States with:
</P>
<P>(i) Minimum net assets of $500,000,000; and
</P>
<P>(ii) Minimum <I>Bankrate.com</I> Safe &amp; Sound rating of 3 Stars, and Capitalization, Assets, Equity and Liquidity (CAEL) rating of 3 or less;
</P>
<P>(4) Negotiable U.S. Government, State, and municipal securities or bonds having a market value of not less than the required dollar amount of the financial assurance and maintained in a Securities Investors Protection Corporation insured trust account by a licensed securities brokerage firm for the benefit of BOEM;
</P>
<P>(5) Investment-grade rated securities having a Standard and Poor's rating of AAA or an equivalent rating from a nationally recognized securities rating service having a market value of not less than the required dollar amount of the financial assurance and maintained in a Securities Investors Protection Corporation insured trust account by a licensed securities brokerage firm for the benefit of BOEM;
</P>
<P>(6) Insurance, if its form and function is such that the funding or enforceable pledges of funding are used to guarantee performance of regulatory obligations in the event of default on such obligations by the lessee. Insurance must have an A.M. Best rating of “superior” or an equivalent rating from a nationally recognized insurance rating service;
</P>
<P>(7) Letters of credit, subject to the following conditions:
</P>
<P>(i) The letter of credit provider must have an issuer credit rating from a Nationally Recognized Statistical Rating Organization (NRSRO) greater than or equal to investment grade from either Standard &amp; Poor's Ratings Service or Moody's Investor Service, or a proxy credit rating determined by BOEM based on audited financial information (including an income statement, balance sheet, statement of cash flows, and the auditor's certificate) greater than or equal to investment grade from either Standard &amp; Poor's Ratings Service or Moody's Investor Service;
</P>
<P>(ii) The letter of credit must grant BOEM full authority to demand immediate payment in case of default in the performance of the terms and conditions of a lease or regulatory obligations;
</P>
<P>(iii) The letter of credit must be irrevocable during its term and will be subject to collection by BOEM if not replaced by another letter of credit or other form of financial assurance at least 30 calendar days before its expiration date;
</P>
<P>(iv) The expiration date of the letter of credit must not be less than 90 days following the date it becomes effective;
</P>
<P>(v) The letter of credit must contain a provision for automatic renewal for periods of not less than 1 year in the absence of notice of cancellation to BOEM at least 90 calendar days before the expiration date; and
</P>
<P>(vi) The letter of credit must contain a venue provision, which requires any disputes to be adjudicated in a U.S. Federal court that is mutually agreed upon by BOEM and the issuers of the letter of credit;
</P>
<P>(8) Another form of security approved by BOEM in its discretion; or
</P>
<P>(9) A combination of security instruments described in paragraphs (a)(1) through (8) of this section.
</P>
<P>(b) If you use a Treasury security:
</P>
<P>(1) You must post 115 percent of your financial assurance amount;
</P>
<P>(2) You must monitor the collateral value of your security. If the collateral value of your security as determined in accordance with 31 CFR part 203, Collateral Margins Table (which can be found at <I>https://www.treasurydirect.gov</I>), falls below the required level of coverage, you must pledge additional security to provide 115 percent of the required amount; and
</P>
<P>(3) You must include with your pledge authority for us to sell the security and use the proceeds if we determine that you have failed to comply with any of the terms and conditions of your lease or grant, any subsequent approval or authorization, or applicable regulations.
</P>
<P>(c) If you use the instruments described in paragraph (a)(4) or (5) of this section, you must provide BOEM by the end of each calendar year a certified statement describing the nature and market value of the instruments maintained in that account, and including any current statements or reports furnished by the brokerage firm to the lessee concerning the asset value of the account.




</P>
</DIV8>


<DIV8 N="§ 585.527" NODE="30:2.0.3.5.13.6.329.21" TYPE="SECTION">
<HEAD>§ 585.527   May I demonstrate financial strength and reliability to meet the financial assurance requirement for lease or grant activities?</HEAD>
<P>BOEM may allow you to use your financial strength and reliability to meet financial assurance requirements if:
</P>
<P>(a) You have an investment grade issuer credit rating. If any Securities and Exchange Commission (SEC)-recognized NRSRO provides a credit rating that differs from any other SEC-recognized NRSRO credit rating, BOEM will apply the highest rating for the purposes of determining your financial assurance requirements.
</P>
<P>(b) You have a proxy credit rating determined by BOEM, which must be based on audited financial information for the most recent fiscal year (which must include an income statement, balance sheet, statement of cash flows, and the auditor's certificate).
</P>
<P>(1) The audited financial information for your most recent fiscal year must cover a continuous twelve-month period within the twenty-four-month period prior to the lessee's receipt of the determination that you must provide supplemental financial assurance.
</P>
<P>(2) In determining your proxy credit rating, BOEM may include the value of the offshore decommissioning liabilities associated with any lease(s) or grants in which you have an ownership interest. Upon BOEM's request, you must provide the information that BOEM determines is necessary to properly evaluate your offshore decommissioning liabilities, including joint ownership interests and liabilities associated with your OCS leases and grants.
</P>
<P>(c) Your co-lessee or co-grant-holder has an issuer credit rating or a proxy credit rating that meets the criteria set forth in paragraph (a) of this section; however, BOEM may require you to provide financial assurance for decommissioning obligations for which such co-lessee or co-grant-holder is not liable.
</P>
<P>(d) You have a contract with a counterparty that projects net income will exceed three times the estimated decommissioning expenses associated with the facilities that will generate that income.
</P>
<P>(e) If we approve your request to use your financial strength and reliability to meet your financial assurance requirements, you must submit annual updates.
</P>
<P>(f) If the annual updates do not continue to demonstrate financial strength and reliability or BOEM has reason to believe that you are unable to meet the requirements of this section, after notice and opportunity for a hearing, BOEM will terminate your ability to use financial strength and reliability for financial assurance and require you to provide another type of financial assurance. You must provide this new financial assurance instrument within 90 days after we terminate your use of financial strength and reliability.




</P>
</DIV8>


<DIV8 N="§ 585.528" NODE="30:2.0.3.5.13.6.329.22" TYPE="SECTION">
<HEAD>§ 585.528   May I use a third-party guaranty to meet the financial assurance requirement for lease or grant activities?</HEAD>
<P>(a) You may use a third-party guaranty to secure all or part of the obligations for which financial assurance was demanded by BOEM if the guarantor:
</P>
<P>(1) Meets the credit rating or proxy credit rating criterion set forth in §  585.527(a); and
</P>
<P>(2) Submits an agreement containing each of the provisions in paragraph (d) of this section.
</P>
<P>(b) A third-party guarantor may limit its cumulative obligations to a fixed dollar amount as agreed to by BOEM at the time the third-party guaranty is provided.
</P>
<P>(c) If, during the life of your third-party guaranty, your guarantor no longer meets the criterion referred to in paragraph (a)(1) of this section, you must:
</P>
<P>(1) Notify BOEM within 72 hours of so learning; and
</P>
<P>(2) Submit a surety bond or other financial assurance covering the obligations previously secured by the third-party guaranty.
</P>
<P>(d) Your guarantor must submit an agreement executed by the guarantor and all parties bound by the agreement. All parties are bound jointly and severally, and the guarantor must meet the legal and financial qualifications set forth in §§ 585.107 and 585.108.
</P>
<P>(1) When any party is a corporation, two corporate officers authorized to execute the guaranty agreement on behalf of the corporation must sign the agreement.
</P>
<P>(2) When any party is a partnership, joint venture, or syndicate, the guaranty agreement must bind each party who has a beneficial interest in your guarantor and provide that, upon BOEM demand under your guaranty, each party is jointly and severally liable for compliance with all terms and conditions of your lease(s) or grant(s) covered by the agreement.
</P>
<P>(3) When forfeiture of the guaranty is called for, the agreement must provide that your guarantor will either bring your lease(s) or grant(s) into compliance or provide, within 7 days, sufficient funds to permit BOEM to complete corrective action.
</P>
<P>(4) The guaranty agreement must contain a confession of judgment, providing that, if BOEM determines that you or your operator is in default, the guarantor must not challenge the determination and must remedy the default.
</P>
<P>(5) If your guarantor wants to terminate the period of liability, your guarantor must notify you and BOEM at least 90 days before the proposed termination date, obtain BOEM's approval for termination of all or a specified portion of the guarantee for liabilities arising after that date, and remain liable for all your work performed during the period the agreement is in effect.
</P>
<P>(6) Each guaranty submitted pursuant to this section is deemed to contain all the terms described in paragraphs (d)(1) through (5) of this section, even if they are not actually in the agreement.
</P>
<P>(e) Before the termination of your guaranty, you must provide an acceptable replacement in the form of a bond or other security.




</P>
</DIV8>


<DIV8 N="§ 585.529" NODE="30:2.0.3.5.13.6.329.23" TYPE="SECTION">
<HEAD>§ 585.529   Can I use a lease- or grant-specific decommissioning account to meet the financial assurance requirements related to decommissioning?</HEAD>
<P>(a) In lieu of a surety bond, BOEM may authorize you to establish a lease-, ROW grant-, or RUE grant-specific decommissioning account in a federally insured institution. The funds may not be withdrawn from the account without our written approval.
</P>
<P>(1) The funds must be payable to BOEM and pledged to meet your lease or grant decommissioning and site clearance obligations;
</P>
<P>(2) You must fund the account in the amount determined by and according to the payment schedule approved by BOEM. BOEM will estimate the cost of decommissioning, including site clearance; and
</P>
<P>(3) Subject to BOEM's approval, a decommissioning account may be funded in whole or in part during the operations period of a lease or grant.
</P>
<P>(b) Any interest paid on the account will be treated as account funds unless we authorize in writing that any interest be paid to the depositor.
</P>
<P>(c) We may allow you to pledge Treasury securities, payable to BOEM on demand, to satisfy your obligation to make payments into the account. Acceptable Treasury securities and their collateral value are determined in accordance with 31 CFR part 203, Collateral Margins Table (which can be found at <I>https://www.treasurydirect.gov</I>).
</P>
<P>(d) We may require you to commit a specified stream of revenues as payment into the account so that the account will be fully funded, as prescribed in paragraph (a)(2) of this section. The commitment may include revenue from other operations.


</P>
</DIV8>

</DIV7>


<DIV7 N="330" NODE="30:2.0.3.5.13.6.330" TYPE="SUBJGRP">
<HEAD>Changes in Financial Assurance</HEAD>


<DIV8 N="§ 585.530" NODE="30:2.0.3.5.13.6.330.24" TYPE="SECTION">
<HEAD>§ 585.530   What must I do if my financial assurance lapses?</HEAD>
<P>(a) If your surety is decertified by the Treasury, becomes bankrupt or insolvent, or if your surety's charter or license is suspended or revoked, or if any other approved financial assurance expires for any reason, you must:
</P>
<P>(1) Inform BOEM within 3 business days about the financial assurance lapse; and
</P>
<P>(2) Provide new financial assurance in the amount set by BOEM, as provided in this subpart.
</P>
<P>(b) You must notify BOEM within 3 business days after you learn of any action filed alleging that you, your surety, or your third-party guarantor is insolvent or bankrupt.




</P>
</DIV8>


<DIV8 N="§ 585.531" NODE="30:2.0.3.5.13.6.330.25" TYPE="SECTION">
<HEAD>§ 585.531   What happens if the value of my financial assurance is reduced?</HEAD>
<P>If the value of your financial assurance is reduced below the required financial assurance amount because of a default or any other reason, you must provide additional financial assurance sufficient to meet the requirements of this subpart within 45 days or within a different period as specified by BOEM.




</P>
</DIV8>


<DIV8 N="§ 585.532" NODE="30:2.0.3.5.13.6.330.26" TYPE="SECTION">
<HEAD>§ 585.532   What happens if my surety wants to terminate the period of liability of my financial assurance?</HEAD>
<P>(a) Terminating the period of liability of your financial assurance ends the period during which surety liability continues to accrue. The surety continues to be responsible for obligations and liabilities that accrued during the period of liability and before the date on which BOEM terminates the period of liability under paragraph (b) of this section. The liabilities that accrue during a period of liability include:
</P>
<P>(1) Obligations that started to accrue before the beginning of the period of liability and have not been met; and
</P>
<P>(2) Obligations that began accruing during the period of liability.
</P>
<P>(b) Your surety must submit to BOEM its request to terminate the period of liability under its financial assurance and notify you of that request no less than 90 days before the proposed termination date. If you intend to continue activities on your lease or grant, you must provide replacement financial assurance of equivalent or greater value. BOEM will terminate that period of liability within 90 days after BOEM receives the request.




</P>
</DIV8>


<DIV8 N="§ 585.533" NODE="30:2.0.3.5.13.6.330.27" TYPE="SECTION">
<HEAD>§ 585.533   How does my surety obtain cancellation of my financial assurance?</HEAD>
<P>BOEM will allow a surety to cancel financial assurance and will relieve the surety from liability for accrued obligations on the earliest to occur of the following:
</P>
<P>(a) BOEM determines that there are no outstanding obligations covered by the financial assurance;
</P>
<P>(b) The following occurs:
</P>
<P>(1) BOEM accepts replacement financial assurance in an amount equal to or greater than the financial assurance to be cancelled to cover the period of liability prior to termination; or
</P>
<P>(2) The surety issuing the new financial assurance has expressly agreed to assume all outstanding liabilities under the original financial assurance that accrued during the period of liability that was terminated; and
</P>
<P>(c) Seven years have elapsed since the termination of the period of liability if the new surety did not assume the accrued obligations for the terminated period of liability, unless there are any appeals or judicial litigation related to your liabilities covered by the financial assurance.




</P>
</DIV8>


<DIV8 N="§ 585.534" NODE="30:2.0.3.5.13.6.330.28" TYPE="SECTION">
<HEAD>§ 585.534   When may BOEM cancel my financial assurance?</HEAD>
<P>(a) When your lease or grant ends, your sureties remain responsible, and BOEM will cancel your financial assurance as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Financial assurance
</TH><TH class="gpotbl_colhed" scope="col">Your financial assurance will not be cancelled until . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Financial assurance for commercial leases submitted under § 585.516(a)(1) and for grants or limited leases submitted under §§ 585.520 and 585.521</TD><TD align="left" class="gpotbl_cell">Seven years after all operations and activities under the lease or grant cease, including decommissioning and site clearance, or a longer period as necessary to complete any appeals or judicial litigation related to your financial assurance obligation. BOEM may reduce or cancel your financial assurance or return some or all of your security if BOEM determines that the full amount is no longer needed.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Supplemental financial assurance for commercial leases submitted under § 585.516 and for grants or limited leases submitted under §§ 585.520 and 585.521</TD><TD align="left" class="gpotbl_cell">(i) The lease or grant expires or is terminated and BOEM determines you have met your secured obligations, unless BOEM:


<br/>(A) Determines that the future potential liability resulting from any undetected problem is greater than the amount of your lease-specific financial assurance; and

<br/>(B) Notifies the provider of the supplemental financial assurance that BOEM will wait 7 years before cancelling all or a part of the supplemental financial assurance (or longer period as necessary to complete any appeals or judicial litigation related to your secured obligations); or

<br/>(ii) At any time when:

<br/>(A) BOEM determines, in its discretion, that you no longer need to provide the supplemental financial assurance;

<br/>(B) The operations for which the supplemental financial assurance was provided were cancelled before accrual of any decommissioning obligation; or

<br/>(C) Cancellation of the supplemental financial assurance is appropriate because, under the regulations in this part, BOEM determines such financial assurance never should have been required.</TD></TR></TABLE></DIV></DIV>
<P>(b) BOEM may require reinstatement of your financial assurance as if no cancellation had occurred if:
</P>
<P>(1) A person makes a payment under the lease or grant, and the payment is rescinded or must be repaid by the recipient because the person making the payment is insolvent, bankrupt, subject to reorganization, or placed in receivership; or
</P>
<P>(2) The responsible party represents to BOEM that it has discharged its obligations under the lease or grant, and the representation was materially false when the financial assurance was cancelled.




</P>
</DIV8>


<DIV8 N="§ 585.535" NODE="30:2.0.3.5.13.6.330.29" TYPE="SECTION">
<HEAD>§ 585.535   Why might BOEM call for forfeiture of my financial assurance?</HEAD>
<P>(a) BOEM may call for forfeiture of all or part of your financial assurance if:
</P>
<P>(1) After notice and demand for performance by BOEM, you refuse or fail, within the timeframe we prescribe, to comply with any term or condition of your lease or grant, other authorization or approval, or applicable regulations; or
</P>
<P>(2) You default on one of the conditions under which we accepted your financial assurance.
</P>
<P>(b) We may pursue forfeiture without first making demands for performance against any co-lessee or holder of an interest in your ROW or RUE, or other person approved to perform obligations under your lease or grant.




</P>
</DIV8>


<DIV8 N="§ 585.536" NODE="30:2.0.3.5.13.6.330.30" TYPE="SECTION">
<HEAD>§ 585.536   How will I be notified of a call for forfeiture?</HEAD>
<P>(a) BOEM will notify you and your surety, including any provider of financial assurance, in writing of the call for forfeiture and provide the reasons for the forfeiture and the amount to be forfeited. We will base the amount upon an estimate of the total cost of corrective action to bring your lease or grant into compliance.
</P>
<P>(b) We will advise you and your surety that you may avoid forfeiture if, within 10 business days:
</P>
<P>(1) You agree to and demonstrate in writing to BOEM that you will bring your lease or grant into compliance within the timeframe we prescribe, and you do so; or
</P>
<P>(2) Your surety agrees to and demonstrates that it will bring your lease or grant into compliance within the timeframe we prescribe, even if the cost of compliance exceeds the face amount of the bond.




</P>
</DIV8>


<DIV8 N="§ 585.537" NODE="30:2.0.3.5.13.6.330.31" TYPE="SECTION">
<HEAD>§ 585.537   How will BOEM proceed once my bond or other security is forfeited?</HEAD>
<P>(a) If BOEM determines that your bond or other security is forfeited, we will collect the forfeited amount and use the funds to bring your lease or grant(s) into compliance and correct any default.
</P>
<P>(b) If the amount collected under your bond or other security is insufficient to pay the full cost of corrective action, BOEM may take or direct action to obtain full compliance and recover all costs in excess of the forfeited bond from you or any co-lessee or co-grantee.
</P>
<P>(c) If the amount collected under your bond or other security exceeds the full cost of corrective action to bring your lease or grant(s) into compliance, we will return the excess funds to the party from whom the excess was collected.




</P>
</DIV8>


<DIV8 N="§§ 585.538-585.539" NODE="30:2.0.3.5.13.6.330.32" TYPE="SECTION">
<HEAD>§§ 585.538-585.539   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="331" NODE="30:2.0.3.5.13.6.331" TYPE="SUBJGRP">
<HEAD>Revenue Sharing With States</HEAD>


<DIV8 N="§ 585.540" NODE="30:2.0.3.5.13.6.331.33" TYPE="SECTION">
<HEAD>§ 585.540   How will BOEM equitably distribute revenues to States?</HEAD>
<P>(a) BOEM will distribute among the eligible coastal States 27 percent of the following revenues derived from qualified projects, where a qualified project and qualified project area is determined in § 585.541 and an eligible State is determined in § 585.542, where a qualified project and qualified project area are determined in 585.541 and an eligible State is defined in § 585.113. Revenues subject to distribution to eligible States include all bonuses, acquisition fees, rentals, and operating fees derived from the entire qualified project area and associated project easements and are not limited to revenues attributable to the portion of the project area within 3 miles of the seaward boundary of a coastal State. The revenues to be shared do not include administrative fees such as service fees and those assessed for civil penalties and forfeiture of bond or other surety obligations.
</P>
<P>(b) The project area is the area included within a single lease or grant. For each qualified project, BOEM will determine and announce the project area and its geographic center at the time it grants or issues a lease, easement, or right-of-way on the OCS. If a qualified project lease or grant's boundaries change significantly due to actions pursuant to § 585.435 or § 585.436, BOEM will re-evaluate the project area to determine whether the geographic center has changed. If it has, BOEM will re-determine State eligibility and shares accordingly.
</P>
<P>(c) To determine each eligible State's share of the 27 percent of the revenues for a qualified project, BOEM will use the inverse distance formula, which apportions shares according to the relative proximity of the nearest point on the coastline of each eligible State to the geographic center of the qualified project area. If S<E T="52">i</E> is equal to the nearest distance from the geographic center of the project area to the i = 1, 2, * * * nth eligible State's coastline, then eligible State i would be entitled to the fraction F<E T="52">i</E> of the 27-percent aggregate revenue share due to all the eligible States according to the following formula:
</P>
<P>Formula 1 to paragraph (c)
</P>
<FP-2>F<E T="52">i</E> = (1/S<E T="52">i</E>) ÷ (Σ<E T="52">i=</E>1* * *<E T="52">n</E>(1/S<E T="52">i</E>))




</FP-2>
</DIV8>


<DIV8 N="§ 585.541" NODE="30:2.0.3.5.13.6.331.34" TYPE="SECTION">
<HEAD>§ 585.541   What is a qualified project for revenue sharing purposes?</HEAD>
<P>A qualified project for the purpose of revenue sharing with eligible coastal States is one authorized under subsection 8(p) of the OCS Lands Act, which includes acreage within the area extending 3 miles seaward of State submerged lands. A qualified project is subject to revenue sharing with those States that are eligible for revenue sharing under § 585.542. The entire area within a lease or grant for the qualified project, excluding project easements, is considered the qualified project area.




</P>
</DIV8>


<DIV8 N="§ 585.542" NODE="30:2.0.3.5.13.6.331.35" TYPE="SECTION">
<HEAD>§ 585.542   What makes a State eligible for payment of revenues?</HEAD>
<P>A State is eligible for payment of revenues if any part of the State's coastline is located within 15 miles of the announced geographic center of the project area of a qualified project. A State is not eligible for revenue sharing if all parts of that State's coastline are more than 15 miles from the announced geographic center of the qualified project area. This is the case even if the qualified project area is located wholly or partially within an area extending 3 miles seaward of the submerged lands of that State or if there are no States with a coastline less than 15 miles from the announced geographic center of the qualified project area.




</P>
</DIV8>


<DIV8 N="§ 585.543" NODE="30:2.0.3.5.13.6.331.36" TYPE="SECTION">
<HEAD>§ 585.543   Example of how the inverse distance formula works.</HEAD>
<P>(a) Assume that the geographic center of the project area lies 12 miles from the closest coastline point of State A and 4 miles from the closest coastline point of State B. BOEM will round dollar shares to the nearest whole dollar. The proportional share due each State would be calculated as follows:
</P>
<P>(1) State A's share = [(1/12) ÷ (1/12 + 1/4)] = 1/4.
</P>
<P>(2) State B's share = [(1/4) ÷ (1/12 + 1/4)] = 3/4.
</P>
<P>(b) Therefore, State B would receive a share of revenues that is three times as large as that awarded to State A, based on the finding that State B's nearest coastline is one-third the distance to the geographic center of the qualified project area as compared to State A's nearest coastline. Eligible States share the 27 percent of the total revenues from the qualified project as mandated under the OCS Lands Act. Hence, if the qualified project generates $1,000,000 of Federal revenues in a given year, the Federal Government would distribute the States' 27-percent share as follows:
</P>
<P>(1) State A's share = $270,000 × 1/4 = $67,500.
</P>
<P>(2) State B's share = $270,000 × 3/4 = $202,500.




</P>
</DIV8>


<DIV8 N="§§ 585.544-585.599" NODE="30:2.0.3.5.13.6.331.37" TYPE="SECTION">
<HEAD>§§ 585.544-585.599   [Reserved]</HEAD>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="G" NODE="30:2.0.3.5.13.7" TYPE="SUBPART">
<HEAD>Subpart G—Plans and Information Requirements</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 42748, May 15, 2024, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 585.600" NODE="30:2.0.3.5.13.7.332.1" TYPE="SECTION">
<HEAD>§ 585.600   What plans must I submit to BOEM before I conduct activities on my lease or grant?</HEAD>
<P>(a) You must submit a SAP, COP, or GAP and receive BOEM approval before you conduct activities on your lease or grant as set forth in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Before you:
</TH><TH class="gpotbl_colhed" scope="col">You must submit and obtain approval for your:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Conduct site assessment activities on your commercial lease, such as meteorological towers or other facilities that are installed on the seabed using a fixed-bottom foundation requiring professional engineering design and assessment of sediment, meteorological, and oceanographic conditions as part of the design</TD><TD align="left" class="gpotbl_cell">SAP under §§ 585.605 through 585.613.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Conduct any activities pertaining to construction of facilities for commercial operations on your commercial lease</TD><TD align="left" class="gpotbl_cell">COP under §§ 585.620 through 585.628.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Conduct any activities on your limited lease or grant in any OCS area</TD><TD align="left" class="gpotbl_cell">GAP under §§ 585.640 through 585.648.</TD></TR></TABLE></DIV></DIV>
<P>(b) BOEM may waive certain types of information or analyses that you otherwise must provide in your proposed plan when you demonstrate that:
</P>
<P>(1) Sufficient applicable information or analysis is readily available to BOEM;
</P>
<P>(2) The coastal or marine resources that are the subject of the information requirement are not present or affected;
</P>
<P>(3) Other factors affect your ability to obtain or BOEM's need for the required information; or
</P>
<P>(4) Information is neither necessary nor required for a State to determine consistency with its coastal management program.




</P>
</DIV8>


<DIV8 N="§ 585.601" NODE="30:2.0.3.5.13.7.332.2" TYPE="SECTION">
<HEAD>§ 585.601   When must I submit my plans to BOEM?</HEAD>
<P>(a) You may submit your SAP anytime; however, your SAP must be submitted to and approved by BOEM before you conduct activities requiring a SAP under § 585.600(a)(1).
</P>
<P>(b) You must submit your COP by the end of the preliminary period of your commercial lease in accordance with § 585.235.
</P>
<P>(1) Your COP must contain sufficient data and information for BOEM to complete its reviews and NEPA analysis.
</P>
<P>(2) BOEM may need to conduct additional reviews of your COP, including environmental analysis under NEPA, if significant new information becomes available from your site assessment and characterization activities or if you substantially revise your COP. As a result of the additional reviews, BOEM may require that you revise your COP.
</P>
<P>(c) You must submit your GAP by the end of the preliminary period for your limited lease in accordance with § 585.236, or the preliminary period for your grant in accordance with § 585.303.




</P>
</DIV8>


<DIV8 N="§§ 585.602-585.604" NODE="30:2.0.3.5.13.7.332.3" TYPE="SECTION">
<HEAD>§§ 585.602-585.604   [Reserved]</HEAD>
</DIV8>


<DIV7 N="332" NODE="30:2.0.3.5.13.7.332" TYPE="SUBJGRP">
<HEAD>Site Assessment Plan and Information Requirements for Commercial Leases</HEAD>


<DIV8 N="§ 585.605" NODE="30:2.0.3.5.13.7.332.4" TYPE="SECTION">
<HEAD>§ 585.605   What is a Site Assessment Plan (SAP)?</HEAD>
<P>(a) A SAP describes the site assessment activities meeting the criteria in § 585.600(a)(1) that you plan to perform on your commercial lease.
</P>
<P>(b) You must receive BOEM approval of your SAP, as provided in § 585.613, before you can begin any proposed site assessment activities requiring such approval.
</P>
<P>(c) If BOEM determines that your proposed site assessment facility or combination of facilities is complex or significant under § 585.613(a)(1), you must comply with the requirements in 30 CFR part 285, subpart G, regarding facility design and construction and submit your SMS as required by 30 CFR 285.810.




</P>
</DIV8>


<DIV8 N="§ 585.606" NODE="30:2.0.3.5.13.7.332.5" TYPE="SECTION">
<HEAD>§ 585.606   What must I demonstrate in my SAP?</HEAD>
<P>Your SAP must demonstrate that you have planned and are prepared to conduct the proposed site assessment activities in a manner that:
</P>
<P>(a) Conforms to your responsibilities listed in § 585.105(a);
</P>
<P>(b) Conforms to all applicable laws, regulations, and provisions of your commercial lease;
</P>
<P>(c) Is safe;
</P>
<P>(d) Does not unreasonably interfere with other uses of the OCS, including those involved with national security or defense;
</P>
<P>(e) Does not cause undue harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
</P>
<P>(f) Uses best available and safest technology;
</P>
<P>(g) Uses best management practices; and
</P>
<P>(h) Uses properly trained personnel.




</P>
</DIV8>


<DIV8 N="§ 585.607" NODE="30:2.0.3.5.13.7.332.6" TYPE="SECTION">
<HEAD>§ 585.607   How do I submit my SAP?</HEAD>
<P>You must submit your SAP to BOEM pursuant to § 585.111.




</P>
</DIV8>


<DIV8 N="§§ 585.608-585.609" NODE="30:2.0.3.5.13.7.332.7" TYPE="SECTION">
<HEAD>§§ 585.608-585.609   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="333" NODE="30:2.0.3.5.13.7.333" TYPE="SUBJGRP">
<HEAD>Contents of the Site Assessment Plan</HEAD>


<DIV8 N="§ 585.610" NODE="30:2.0.3.5.13.7.333.8" TYPE="SECTION">
<HEAD>§ 585.610   What must I include in my SAP?</HEAD>
<P>(a) Project information may be provided using a PDE. When you provide information using a PDE, BOEM reserves the right to determine what range of values for any given parameter is acceptable. Your SAP must include the following project-specific information, as applicable:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Project information:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Contact information</TD><TD align="left" class="gpotbl_cell">The name, address, email address, and phone number of an authorized representative.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) The site assessment or technology testing concept</TD><TD align="left" class="gpotbl_cell">A discussion of the objectives; description of the proposed activities, including the technology you will use; and proposed schedule from start to completion.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Designation of operator, if applicable</TD><TD align="left" class="gpotbl_cell">As provided in § 585.405.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Commercial lease stipulations and compliance</TD><TD align="left" class="gpotbl_cell">A description of the measures you took, or will take, to satisfy the conditions of any lease stipulations related to your proposed activities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) A location plat, or indicative layout</TD><TD align="left" class="gpotbl_cell">The range of surface locations and associated water depths for proposed structures, facilities, and appurtenances located both offshore and onshore, including all anchor and mooring data; and the location and associated water depths of all existing structures.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) General structural and project design, fabrication, and installation</TD><TD align="left" class="gpotbl_cell">For facilities deemed complex or significant you must provide preliminary design information for each facility associated with your site assessment activity and subpart G of 30 CFR part 285 applies. For facilities not deemed complex or significant you must provide final design information.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Deployment activities</TD><TD align="left" class="gpotbl_cell">A description of the safety, prevention, and environmental protection features or measures that you will use.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Your proposed measures for avoiding, minimizing, reducing, eliminating, and monitoring environmental impacts</TD><TD align="left" class="gpotbl_cell">A description of the measures you will use to avoid or minimize adverse effects and any potential incidental take, before you conduct activities on your lease, and how you will mitigate environmental impacts from your proposed activities, including a description of the measures you will use as required by §§ 585.700 through 585.703.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Project verification strategy</TD><TD align="left" class="gpotbl_cell">An analysis supporting your recommendation as to whether your site assessment activities should be determined complex or significant. If your recommendation supports a complex or significant determination, describe your strategy for compliance with 30 CFR 285.705 through 285.714.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) References</TD><TD align="left" class="gpotbl_cell">A bibliographic list of any document or published source that you cite as part of your plan. You may reference information and data discussed in other plans that you previously submitted or that are otherwise readily available to BOEM.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Decommissioning and site clearance procedures</TD><TD align="left" class="gpotbl_cell">A discussion of general concepts and methodologies.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Air quality information</TD><TD align="left" class="gpotbl_cell">Information as described in § 585.700.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) A listing of all Federal, State, and local authorizations or approvals required to conduct site assessment activities</TD><TD align="left" class="gpotbl_cell">A statement indicating whether you have applied for or obtained such authorization or approval from the U.S. Coast Guard, U.S. Army Corps of Engineers, and any other applicable Federal, State, or local authorizers.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) A list of agencies and persons with whom you have communicated, or with whom you will communicate, regarding potential impacts associated with your proposed activities</TD><TD align="left" class="gpotbl_cell">Contact information and issues discussed.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) Financial assurance information</TD><TD align="left" class="gpotbl_cell">Statements attesting that the activities and facilities proposed in your SAP are or will be covered by an appropriate bond or other approved financial assurance instrument as required in § 585.516 and §§ 585.525 through 585.529.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) Information you incorporate by reference</TD><TD align="left" class="gpotbl_cell">A list of the documents you have incorporated by reference and their public availability.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(17) Other information</TD><TD align="left" class="gpotbl_cell">Additional information as required by BOEM.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must include reports that document the results of surveys and investigations that characterize and model the site of your proposed assessment activities. Your reports must address the following topics:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Topic:
</TH><TH class="gpotbl_colhed" scope="col">Purpose of report:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Geological and geotechnical</TD><TD align="left" class="gpotbl_cell">To define the baseline geological conditions of the seabed and provide sufficient data to develop a geologic model, assess geologic hazards, and determine the feasibility of the proposed site for your assessment facility</TD><TD align="left" class="gpotbl_cell">(i) Desktop studies to collect available data from published sources and nearby sites.


<br/>(ii) Geophysical surveys of the proposed area with sufficient areal coverage, depth penetration, and resolution to define the geological conditions of the seabed at the site that could impact, or be impacted by, your proposed site assessment activities.

<br/>(iii) Geotechnical investigations of sufficient scope and detail to: ground truth the geophysical surveys; support development of a geological model; assess potential geological hazards that could impact the proposed site assessment activities; and provide geotechnical data for design of the site assessment facility, including type and approximate dimensions of the foundation.

<br/>(iv) An overall site characterization report for your site assessment facility that integrates the findings of your studies, surveys, and investigations; describes the geological model; contains supporting data and findings; and states your recommendations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Biological</TD><TD align="left" class="gpotbl_cell">To determine the presence of biological features and marine resources</TD><TD align="left" class="gpotbl_cell">A description of the results of surveys used to evaluate the spatial and temporal distribution and abundance of biological species in the site area, including migratory and non-migratory species of vertebrate animals such as fish, marine mammals, sea turtles, and coastal and marine birds; invertebrate animals; plants; algae; and other organisms; also including the presence of live bottoms, hard bottoms, topographic features, and other marine resources.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Archaeological resources and other historic properties</TD><TD align="left" class="gpotbl_cell">To provide BOEM with required information to conduct review of your SAP under NHPA</TD><TD align="left" class="gpotbl_cell">Archeological resource and other historic property identification surveys with supporting data.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Meteorological and oceanographic (metocean)</TD><TD align="left" class="gpotbl_cell">To provide an overall understanding of the meteorological and oceanographic conditions at the site of your proposed facility, and to identify conditions that may pose a significant risk to your facility</TD><TD align="left" class="gpotbl_cell">Desktop studies to collect available data from hindcast or re-analysis models and field measurements in sufficient detail to support design of your facility and support the analysis of wake effects, sediment mobility and scour, and navigation risks.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 585.611" NODE="30:2.0.3.5.13.7.333.9" TYPE="SECTION">
<HEAD>§ 585.611   What information and certifications must I submit with my SAP to assist BOEM in complying with NEPA and other applicable laws?</HEAD>
<P>(a) Your SAP must contain detailed information and analysis to assist BOEM in complying with NEPA and other applicable laws.
</P>
<P>(b) When proposing site assessment activities in an area where BOEM has no previous experience, your SAP must contain information about resources, conditions, and activities listed in the following table that your proposed activities may significantly affect or that may have a significant effect on your proposed activities (including where the potential significance of the effect is unknown) and must contain any other information required by law.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of information:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Hazard information</TD><TD align="left" class="gpotbl_cell">Meteorology, oceanography, sediment transport, geology, and shallow geological or manmade hazards.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Water quality</TD><TD align="left" class="gpotbl_cell">Turbidity and total suspended solids from construction; impact from vessel discharges.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Biological resources</TD><TD align="left" class="gpotbl_cell">Characterization of the spatial and temporal distribution and abundance of biological species in the site area, such as benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, plankton, sea grasses, and other plant life.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Threatened or endangered species</TD><TD align="left" class="gpotbl_cell">As needed for ESA consultation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Sensitive biological resources or habitats</TD><TD align="left" class="gpotbl_cell">Essential fish habitat, refuges, preserves, special management areas identified in coastal management programs, nearby marine protected areas, including State and Federal coastal and marine protected areas, as well as nearby national marine sanctuaries, and nearby marine national monuments, rookeries, hard bottom habitat, chemosynthetic communities, calving grounds, barrier islands, beaches, dunes, and wetlands.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Archaeological resources use, other historic property use, Indigenous traditional cultural use, or use pertaining to treaty and reserved rights with Native Americans or other Indigenous peoples</TD><TD align="left" class="gpotbl_cell">Required information to conduct review of the COP under the NHPA or other applicable laws or policies, including treaty and reserved rights with Native Americans or other Indigenous peoples.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Social and economic conditions</TD><TD align="left" class="gpotbl_cell">Employment, existing offshore and coastal infrastructure (including major sources of supplies, services, energy, and water), land use, subsistence resources and harvest practices, recreation, recreational and commercial fishing (including typical fishing seasons, location, and type), minority and lower income groups, coastal zone management programs, and a visual impact assessment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Coastal and marine uses</TD><TD align="left" class="gpotbl_cell">Military activities, vessel traffic, fisheries, and exploration and development of other natural resources. This includes a navigational safety risk assessment that provides a description of the predicted impacts of the project to navigation, and the measures you will use to avoid or minimize adverse impacts. This document must also be submitted to the U.S. Coast Guard to assist with its analysis if your proposal identifies potential impediments to safe navigation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Consistency Certification</TD><TD align="left" class="gpotbl_cell">If required by CZMA, under:


<br/>(i) 15 CFR part 930, subpart D, if the SAP is submitted before lease issuance;

<br/>(ii) 15 CFR part 930, subpart E, if the SAP is submitted after lease issuance.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Other resources, conditions, and activities</TD><TD align="left" class="gpotbl_cell">As identified by BOEM.</TD></TR></TABLE></DIV></DIV>
<P>(c) When proposing site assessment activities in an area BOEM previously considered, BOEM will review your SAP to determine if its impacts are consistent with those previously considered. If the anticipated effects of your proposed SAP activities are significantly different than those previously anticipated, we may determine that additional NEPA and other relevant Federal reviews are required. In that case, BOEM will notify you of such determination, and you must submit information required in paragraph (b) of this section as appropriate.




</P>
</DIV8>


<DIV8 N="§ 585.612" NODE="30:2.0.3.5.13.7.333.10" TYPE="SECTION">
<HEAD>§ 585.612   How will my SAP be processed for Federal consistency under the Coastal Zone Management Act?</HEAD>
<P>Your SAP will be processed based on whether it is submitted before or after your lease is issued:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If your SAP is submitted:
</TH><TH class="gpotbl_colhed" scope="col">Consistency review of your SAP will be handled as follows:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Before lease issuance</TD><TD align="left" class="gpotbl_cell">You will furnish a copy of your SAP, consistency certification, and necessary data and information to conduct an adequate consistency review to the applicable State CZMA agency or agencies if required by 15 CFR part 930, subpart D. and submit a copy to BOEM in accordance with § 585.111.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) After lease issuance</TD><TD align="left" class="gpotbl_cell">You must submit a copy of your SAP, consistency certification, and necessary data and information pursuant to 15 CFR part 930, subpart E, to BOEM only if BOEM did not consider the proposed site assessment activities for your lease area under its previously submitted consistency determination under 15 CFR part 930, subpart C, and if required by 15 CFR part 930, subpart E. BOEM will forward to the applicable State CZMA agency or agencies one copy of your SAP, consistency certification, and necessary data and information required to conduct an adequate consistency review under 15 CFR part 930, subpart E, after BOEM has determined that all information requirements for the SAP are met.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 585.613" NODE="30:2.0.3.5.13.7.333.11" TYPE="SECTION">
<HEAD>§ 585.613   How will BOEM process my SAP?</HEAD>
<P>(a) BOEM will review your submitted SAP, and additional information provided pursuant to § 585.611, to determine if it contains the information necessary to conduct our technical and environmental reviews.
</P>
<P>(1) We will notify you if we deem your proposed facility or combination of facilities to be complex or significant; and
</P>
<P>(2) We will notify you if your submitted SAP lacks any necessary information.
</P>
<P>(b) BOEM will prepare a NEPA analysis, as appropriate.
</P>
<P>(c) As appropriate, we will coordinate and consult with relevant Federal and State agencies, affected federally recognized Indian Tribes and executives of relevant local governments and will provide to other Federal, State, and local agencies and affected federally recognized Indian Tribes relevant nonproprietary data and information pertaining to your proposed activities.
</P>
<P>(d) During the review process, we may request additional information if we determine that the information provided is not sufficient to complete the review and approval process. If you fail to provide the requested information, BOEM may disapprove your SAP.
</P>
<P>(e) Upon completion of our technical and environmental reviews and other reviews required by Federal laws (<I>e.g.,</I> CZMA), BOEM will approve, disapprove, or approve with conditions your SAP.
</P>
<P>(1) If we approve your SAP, we will specify terms and conditions to be incorporated into your SAP. You must certify compliance with those terms and conditions, required under 30 CFR 285.615(b); and
</P>
<P>(2) If we disapprove your SAP, we will inform you of the reasons and allow you an opportunity to submit a revised plan addressing our concerns, and we may suspend your lease, as appropriate, to give you a reasonable amount of time to resubmit the SAP.


</P>
</DIV8>

</DIV7>


<DIV7 N="334" NODE="30:2.0.3.5.13.7.334" TYPE="SUBJGRP">
<HEAD>Activities under an Approved SAP</HEAD>


<DIV8 N="§ 585.614" NODE="30:2.0.3.5.13.7.334.12" TYPE="SECTION">
<HEAD>§ 585.614   When may I begin conducting activities under my approved SAP?</HEAD>
<P>(a) You may begin conducting the activities approved in your SAP following BOEM approval of your SAP.
</P>
<P>(b) If you are installing a facility or a combination of facilities deemed by BOEM to be complex or significant, as provided in § 585.613(a)(1), you must comply with the requirements of 30 CFR part 285, subpart G, and also submit your Safety Management System description required by 30 CFR 285.810 before construction may begin.




</P>
</DIV8>


<DIV8 N="§ 585.615" NODE="30:2.0.3.5.13.7.334.13" TYPE="SECTION">
<HEAD>§ 585.615   What other reports or notices must I submit to BOEM under my approved SAP?</HEAD>
<P>You must prepare and submit to BOEM a report annually on November 1st of each year that summarizes your site assessment activities and the results of those activities. BOEM will withhold trade secrets and commercial or financial information that is privileged or confidential from public disclosure under exemption 4 of the FOIA and as provided in § 585.114.




</P>
</DIV8>


<DIV8 N="§ 585.616" NODE="30:2.0.3.5.13.7.334.14" TYPE="SECTION">
<HEAD>§ 585.616   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 585.617" NODE="30:2.0.3.5.13.7.334.15" TYPE="SECTION">
<HEAD>§ 585.617   What activities require a revision to my SAP, and when will BOEM approve the revision?</HEAD>
<P>(a) You must notify BOEM in writing before conducting site assessment activities not described in your approved SAP involving facilities that are installed on the seabed using a fixed-bottom foundation requiring professional engineering design and assessment of sediment, meteorological, and oceanographic conditions as part of the design. Your notice must describe in detail the type of activities you propose to conduct. We will determine whether the activities you propose require a revision to your SAP. We may request additional information from you, if necessary, to make this determination.
</P>
<P>(b) If a revised SAP is required, BOEM will reassess, upon its receipt, whether the facility or combination of facilities described in it is complex or significant.
</P>
<P>(1) If BOEM determines that the facilities described in your revised SAP are not complex or significant, you may conduct your approved activities under § 585.614(a).
</P>
<P>(2) If BOEM determines that the facilities described in your revised SAP are complex or significant, you must comply with § 585.614(b).
</P>
<P>(c) BOEM will periodically review the activities conducted under an approved SAP. The frequency and extent of the review will be based on the significance of any changes in available information and on onshore or offshore conditions affecting or affected by the activities conducted under your SAP. If the review indicates that the SAP should be revised to meet the requirements of this part, BOEM will require you to submit the needed revisions.
</P>
<P>(d) Activities for which a proposed revision to your SAP likely will be necessary include:
</P>
<P>(1) Activities on the OCS not described in your approved SAP that could have significant environmental impacts or that may affect threatened or endangered species, or that may affect designated critical habitat of such species, or that may result in incidental take of marine mammals;
</P>
<P>(2) Modifications to the number, size, or type of facilities (including associated components) or equipment you will use outside of the PDE that was approved for your project;
</P>
<P>(3) Changes in the geographical location or layout of your bottom disturbances, offshore facilities, or onshore support bases beyond the range of possible locations described in your approved SAP;
</P>
<P>(4) Structural failure of any facility operated under your approved SAP; or
</P>
<P>(5) Changes to any other activity specified by BOEM.
</P>
<P>(e) We may begin the appropriate NEPA analysis and other relevant consultations when we determine that a proposed revision could:
</P>
<P>(1) Result in a significant change in the impacts previously identified and evaluated;
</P>
<P>(2) Require any additional Federal authorizations; or
</P>
<P>(3) Involve activities not previously identified and evaluated.
</P>
<P>(f) When you propose a revision, we may approve the revision if we determine that the revision is:
</P>
<P>(1) Designed not to cause undue harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance; and
</P>
<P>(2) Otherwise, consistent with the provisions of section 8(p) of the OCS Lands Act.




</P>
</DIV8>


<DIV8 N="§ 585.618" NODE="30:2.0.3.5.13.7.334.16" TYPE="SECTION">
<HEAD>§ 585.618   What must I do upon completion of approved site assessment activities?</HEAD>
<P>(a) If your COP or FERC license application describes the continued use of existing facilities approved in your SAP, you may keep such facilities in place on your lease during the time that BOEM reviews your COP or FERC reviews your license application.
</P>
<P>(b) You are not required to initiate the decommissioning process for facilities that are authorized to remain in place under your approved COP or approved FERC license.
</P>
<P>(c) If, following the technical and environmental review of your submitted COP, BOEM determines that such facilities may not remain in place, you must initiate the decommissioning process, as provided in 30 CFR part 285, subpart I.
</P>
<P>(d) If FERC determines that such facilities may not remain in place, you must initiate the decommissioning process as provided in 30 CFR part 285, subpart I.
</P>
<P>(e) You must decommission your site assessment facilities as set forth in 30 CFR part 285, subpart I, upon the termination of your lease. You must submit your decommissioning application as required in 30 CFR 285.905 and 285.906.




</P>
</DIV8>


<DIV8 N="§ 585.619" NODE="30:2.0.3.5.13.7.334.17" TYPE="SECTION">
<HEAD>§ 585.619   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="335" NODE="30:2.0.3.5.13.7.335" TYPE="SUBJGRP">
<HEAD>Construction and Operations Plan for Commercial Leases</HEAD>


<DIV8 N="§ 585.620" NODE="30:2.0.3.5.13.7.335.18" TYPE="SECTION">
<HEAD>§ 585.620   What is a Construction and Operations Plan (COP)?</HEAD>
<P>The COP describes your construction, operations, and conceptual decommissioning plans under your commercial lease, including your project easement. BOEM will withhold trade secrets and commercial or financial information that is privileged or confidential from public disclosure under exemption 4 of the FOIA and in accordance with the terms of § 585.114.
</P>
<P>(a) Your COP must describe all planned facilities that you will construct and use for your project, including onshore and support facilities and all anticipated project easements.
</P>
<P>(b) Your COP must describe all proposed activities including your proposed construction activities, commercial operations, and conceptual decommissioning plans for all planned facilities, including onshore and support facilities.
</P>
<P>(c) You must receive BOEM approval of your COP before you can begin any of the approved activities on your lease.




</P>
</DIV8>


<DIV8 N="§ 585.621" NODE="30:2.0.3.5.13.7.335.19" TYPE="SECTION">
<HEAD>§ 585.621   What must I demonstrate in my COP?</HEAD>
<P>Your COP must demonstrate that you have planned and are prepared to conduct the proposed activities in a manner that:
</P>
<P>(a) Conforms to your responsibilities listed in § 585.105(a);
</P>
<P>(b) Conforms to all applicable laws, regulations, and provisions of your commercial lease;
</P>
<P>(c) Is safe;
</P>
<P>(d) Does not unreasonably interfere with other uses of the OCS, including those involved with national security or defense;
</P>
<P>(e) Does not cause undue harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
</P>
<P>(f) Uses best available and safest technology;
</P>
<P>(g) Uses best management practices; and
</P>
<P>(h) Uses properly trained personnel.




</P>
</DIV8>


<DIV8 N="§ 585.622" NODE="30:2.0.3.5.13.7.335.20" TYPE="SECTION">
<HEAD>§ 585.622   How do I submit my COP?</HEAD>
<P>(a) You must submit your COP to BOEM pursuant to § 585.111.
</P>
<P>(b) You may submit information and a request for any project easement as part of your original COP submission or as a revision to your COP.




</P>
</DIV8>


<DIV8 N="§§ 585.623-585.625" NODE="30:2.0.3.5.13.7.335.21" TYPE="SECTION">
<HEAD>§§ 585.623-585.625   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="336" NODE="30:2.0.3.5.13.7.336" TYPE="SUBJGRP">
<HEAD>Contents of the Construction and Operations Plan</HEAD>


<DIV8 N="§ 585.626" NODE="30:2.0.3.5.13.7.336.22" TYPE="SECTION">
<HEAD>§ 585.626   What must I include in my COP?</HEAD>
<P>(a) Project information may be provided using a PDE. When you provide information using a PDE, BOEM reserves the right to determine what range of values for any given parameter is acceptable. Your COP must include the following project-specific information, as applicable:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Project information:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Contact information</TD><TD align="left" class="gpotbl_cell">The name, address, email address, and phone number of an authorized representative.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Designation of operator, if applicable</TD><TD align="left" class="gpotbl_cell">As provided in § 585.405.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Commercial lease stipulations and compliance</TD><TD align="left" class="gpotbl_cell">A description of the measures you took, or will take, to satisfy the conditions of any lease stipulations related to your proposed activities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) A location plat, or indicative layout</TD><TD align="left" class="gpotbl_cell">The range of surface locations and associated water depths for proposed structures, facilities, and appurtenances located both offshore and onshore, including all anchor and mooring data, and the location and associated water depths of all existing structures.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) General structural and project design, fabrication, and installation</TD><TD align="left" class="gpotbl_cell">Preliminary design information for each facility associated with your project including information needed to justify any request for an operations period exceeding the length provided in this part or the lease.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Deployment activities</TD><TD align="left" class="gpotbl_cell">A description of safety, prevention, and environmental protection features or measures that you will use.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) A list of solid and liquid wastes generated</TD><TD align="left" class="gpotbl_cell">Disposal methods and locations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) A listing of chemical products used (if stored volume exceeds Environmental Protection Agency (EPA) reportable quantities)</TD><TD align="left" class="gpotbl_cell">A list of chemical products used; the volume stored on location; their treatment, discharge, or disposal methods used; and the name and location of the onshore waste receiving, treatment, and/or disposal facility. A description of how these products would be brought onsite, the number of transfers that may take place, and the quantity that will be transferred each time.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) A description of any vessels, vehicles, and aircraft you will use to support your activities</TD><TD align="left" class="gpotbl_cell">An estimate of the frequency and duration of vessel, vehicle, or aircraft traffic.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) A general description of the operating procedures and systems</TD><TD align="left" class="gpotbl_cell">(i) Under normal conditions.


<br/>(ii) In the case of accidents or emergencies, including those that are natural or manmade.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Decommissioning and site clearance procedures</TD><TD align="left" class="gpotbl_cell">A discussion of general concepts and methodologies.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) A listing of all Federal, State, and local authorizations or approvals required to conduct the proposed activities, including commercial operations</TD><TD align="left" class="gpotbl_cell">A statement indicating whether you have applied for or obtained such authorization or approval from the U.S. Coast Guard, U.S. Army Corps of Engineers, and any other applicable Federal, State, or local authorizers pertaining to energy gathering, transmission, or distribution (<E T="03">e.g.,</E> interconnection authorizations).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Your proposed measures for avoiding, minimizing, reducing, eliminating, and monitoring environmental impacts</TD><TD align="left" class="gpotbl_cell">A description of the measures you will use to avoid or minimize adverse effects and any potential incidental take before you conduct activities on your lease, and how you will mitigate environmental impacts from your proposed activities, including a description of the measures you will use as required by §§ 585.700 through 585.703.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) Information you incorporate by reference</TD><TD align="left" class="gpotbl_cell">A list of the documents you have incorporated by reference and their public availability.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) A list of agencies and persons with whom you have communicated, or with whom you will communicate, regarding potential impacts associated with your proposed activities</TD><TD align="left" class="gpotbl_cell">Contact information and issues discussed.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) References</TD><TD align="left" class="gpotbl_cell">A bibliographic list of any document or published source that you cite as part of your plan. You may reference information and data discussed in other plans you previously submitted or that are otherwise readily available to BOEM.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(17) Financial assurance</TD><TD align="left" class="gpotbl_cell">Statements attesting that the activities and facilities proposed in your COP are or will be covered by an appropriate bond or other approved financial assurance instrument as required in § 585.516 and §§ 585.525 through 585.529.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(18) Project verification strategy</TD><TD align="left" class="gpotbl_cell">You must describe your strategy for compliance with 30 CFR285.705 through 285.714.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(19) Construction schedule</TD><TD align="left" class="gpotbl_cell">A reasonable schedule of construction activity showing significant milestones, including the commencement of commercial operations consistent with the requirements of 30 CFR part 285, subpart G.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(20) Air quality information</TD><TD align="left" class="gpotbl_cell">Information as described in § 585.700.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(21) Other information</TD><TD align="left" class="gpotbl_cell">Additional information as required by BOEM.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must include reports that document the results of surveys and investigations that characterize and model the site of your proposed project. Your reports must address the following topics:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Topic:
</TH><TH class="gpotbl_colhed" scope="col">Purpose of report:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Geological and geotechnical</TD><TD align="left" class="gpotbl_cell">To define the baseline geological conditions of the seabed and provide sufficient data to develop a geologic model, assess geologic hazards, and determine the feasibility of the proposed site for your proposed facility</TD><TD align="left" class="gpotbl_cell">(i) Desktop studies to collect available data from published sources and nearby sites.


<br/>(ii) Geophysical surveys of the proposed area with sufficient areal coverage, depth penetration, and resolution to define the geological conditions of the site's seabed that could impact, or be impacted by, the proposed project.

<br/>(iii) Geotechnical investigations of sufficient scope and detail to: ground truth the geophysical surveys; support development of a geological model; assess potential geological hazards that could impact the proposed project; and provide geotechnical data for preliminary design of the facility, including type and approximate dimensions of the foundation.

<br/>(iv) An overall site characterization report for your facility that integrates the findings of your studies, surveys, and investigations; describes the geological model; contains supporting data and findings; and states your recommendations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Biological</TD><TD align="left" class="gpotbl_cell">To determine the presence of biological features and marine resources</TD><TD align="left" class="gpotbl_cell">A description of the results of biological surveys used to determine the presence of live bottoms, hard bottoms, topographic features, and other marine resources, including migratory populations such as fish, marine mammals, sea turtles, and sea birds.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Archaeological resources and other historic properties</TD><TD align="left" class="gpotbl_cell">To provide BOEM with required information to conduct review of the COP under NHPA</TD><TD align="left" class="gpotbl_cell">Archaeological resources and other historic properties.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Meteorological and oceanographic (metocean)</TD><TD align="left" class="gpotbl_cell">To provide an overall understanding of the meteorological and oceanographic conditions at the site of the proposed facility, and to identify conditions that may pose a significant risk to the facility</TD><TD align="left" class="gpotbl_cell">Desktop studies to collect available data from hindcast or re-analysis models and field measurements in sufficient detail to support preliminary design of the facility and support the analysis of wake effects, sediment mobility and scour, and navigational risks.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 585.627" NODE="30:2.0.3.5.13.7.336.23" TYPE="SECTION">
<HEAD>§ 585.627   What information and certifications must I submit with my COP to assist BOEM in complying with NEPA and other applicable laws?</HEAD>
<P>(a) Your COP must contain detailed information and analysis to assist BOEM in complying with NEPA and other applicable laws. Your COP must contain information about those resources, conditions, and activities listed in the following table that your proposed activities may significantly affect, or that may have a significant effect on your proposed activities (including where the potential significance of the effect is unknown) and must contain any other information required by law:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of information:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Hazard information</TD><TD align="left" class="gpotbl_cell">Meteorology, oceanography, sediment transport, geology, and shallow geological or manmade hazards.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Water quality</TD><TD align="left" class="gpotbl_cell">Turbidity and total suspended solids from construction; impact from vessel discharges.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Biological resources</TD><TD align="left" class="gpotbl_cell">Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, plankton, seagrasses, and plant life.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Threatened or endangered species</TD><TD align="left" class="gpotbl_cell">As required by ESA.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Sensitive biological resources or habitats</TD><TD align="left" class="gpotbl_cell">Essential fish habitat, refuges, preserves, special management areas identified in coastal management programs, nearby marine protected areas, including State and Federal coastal and nearby marine protected areas, as well as national marine sanctuaries and nearby marine national monuments, rookeries, hard bottom habitat, chemosynthetic communities, calving grounds, barrier islands, beaches, dunes, and wetlands.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Archaeological resources use, other historic property use, Indigenous traditional cultural use, or use pertaining to treaty and reserved rights with Native Americans or other Indigenous peoples</TD><TD align="left" class="gpotbl_cell">Required information to conduct review of the COP under the NHPA or other applicable laws or policies, including treaty and reserved rights with Native Americans or other Indigenous peoples.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Social and economic resources</TD><TD align="left" class="gpotbl_cell">Employment, existing offshore and coastal infrastructure (including major sources of supplies, services, energy, and water), land use, subsistence resources and harvest practices, recreation, recreational and commercial fishing (including typical fishing seasons, location, and type), minority and lower income groups, coastal zone management programs, and a visual impact assessment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Coastal and marine uses</TD><TD align="left" class="gpotbl_cell">Military activities, vessel traffic, fisheries, and exploration and development of other natural resources. This includes a navigational safety risk assessment that provides a description of the predicted impacts of the project to navigation and the measures you will use to avoid or minimize such adverse impacts. This document also must be submitted to the U.S. Coast Guard to assist with its analysis.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Consistency Certification</TD><TD align="left" class="gpotbl_cell">If required by CZMA regulations:


<br/>(i) 15 CFR part 930, subpart D, if your COP is submitted before lease issuance.

<br/>(ii) 15 CFR part 930, subpart E, if your COP is submitted after lease issuance.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Other resources, conditions, and activities</TD><TD align="left" class="gpotbl_cell">As identified by BOEM.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must submit one copy of your consistency certification. Your consistency certification must include:
</P>
<P>(1) One copy of your consistency certification either under subsection 307(c)(3)(B) of the CZMA (16 U.S.C. 1456(c)(3)(B)) and 15 CFR 930.76, or under subsection 307(c)(3)(A) of the CZMA (16 U.S.C. 1456(c)(3)(A)) and 15 CFR 930.57, stating that the proposed activities described in detail in your plans comply with the enforceable policies of the applicable States' approved coastal management programs and will be conducted in a manner that is consistent with such programs; and
</P>
<P>(2) “Necessary data and information,” as required by 15 CFR 930.58.
</P>
<P>(c) You must submit a detailed description of an oil spill response plan to BSEE in compliance with 33 U.S.C. 1321, including information identified in 30 CFR part 254 that is applicable to your activities.
</P>
<P>(d) You must submit a detailed description of your safety management system to BSEE as required by 30 CFR 285.810.




</P>
</DIV8>


<DIV8 N="§ 585.628" NODE="30:2.0.3.5.13.7.336.24" TYPE="SECTION">
<HEAD>§ 585.628   How will BOEM process my COP?</HEAD>
<P>(a) BOEM will review your submitted COP, including the information provided under § 585.627, to determine if it contains the information necessary to conduct our technical and environmental reviews. We will notify you if your submitted COP lacks any necessary information.
</P>
<P>(b) BOEM will prepare an appropriate NEPA analysis.
</P>
<P>(c) If your COP is subject to Federal consistency review under CZMA regulations at 15 CFR part 930, subpart E, you must submit your COP, consistency certification, and associated data and information under CZMA to BOEM after all information requirements for the COP are met, and the appropriate environmental assessment or draft environmental impact statement, if required, has been published. BOEM will forward the COP, consistency certification, and associated data and information to the applicable State CZMA agencies.
</P>
<P>(d) As appropriate, BOEM will coordinate and consult with relevant Federal, State, and local agencies and affected federally recognized Indian Tribes, and provide to them relevant nonproprietary data and information pertaining to your proposed activities.
</P>
<P>(e) During the review process, we may request additional information if we determine that the information provided is not sufficient to complete the review and approval process. If you fail to provide the requested information, BOEM may disapprove your COP.
</P>
<P>(f) Upon completion of our technical and environmental reviews and other reviews required by Federal law (<I>e.g.,</I> CZMA), BOEM will approve, disapprove, or approve your COP with conditions.
</P>
<P>(1) If we approve your COP, we will specify terms and conditions to be incorporated into your COP. You must certify compliance with certain of those terms and conditions, as required under 30 CFR 285.633(a); and
</P>
<P>(2) If we disapprove your COP, we will inform you of the reasons and allow you an opportunity to submit a revised plan addressing our concerns, and we may suspend the COP review period of your lease, as appropriate, to give you a reasonable amount of time to submit the revised plan.
</P>
<P>(g) If BOEM approves your project easement, BOEM will issue an addendum to your lease specifying the terms of the project easement.
</P>
<P>(1) The project easement will provide sufficient off-lease area to accommodate potential changes at the design and installation phases with respect to any facilities or activities necessary for your project.
</P>
<P>(2) Unused portions of the project easement may be relinquished after construction is complete.
</P>
<P>(3) A project easement is subject to the following conditions:
</P>
<P>(i) The rights granted will not prevent the granting of other rights by the United States, either before or after the granting of the project easement, provided that any subsequent authorization issued by BOEM in the area of a previously issued project easement may not unreasonably interfere with activities approved or impede existing operations under the project easement; and
</P>
<P>(ii) If the project easement is granted in an area where a lease, ROW or RUE grant has previously been issued, the project easement holder must agree that its activities will not unreasonably interfere with or impede existing operations under the lease or ROW or RUE grant.




</P>
</DIV8>


<DIV8 N="§§ 585.629-585.630" NODE="30:2.0.3.5.13.7.336.25" TYPE="SECTION">
<HEAD>§§ 585.629-585.630   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="337" NODE="30:2.0.3.5.13.7.337" TYPE="SUBJGRP">
<HEAD>Activities under an Approved COP</HEAD>


<DIV8 N="§ 585.631" NODE="30:2.0.3.5.13.7.337.26" TYPE="SECTION">
<HEAD>§ 585.631   When must I initiate activities under an approved COP?</HEAD>
<P>After your COP is approved, you are expected to commence construction on the OCS in accordance with the construction schedule included as a part of your approved COP, unless you notify BOEM in advance of a deviation from your schedule.




</P>
</DIV8>


<DIV8 N="§ 585.632" NODE="30:2.0.3.5.13.7.337.27" TYPE="SECTION">
<HEAD>§ 585.632   What documents must I submit before I may construct and install facilities under my approved COP?</HEAD>
<P>(a) You must submit to BSEE the documents listed in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Document:
</TH><TH class="gpotbl_colhed" scope="col">Requirements are found in:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Facility Design Report</TD><TD align="left" class="gpotbl_cell">30 CFR 285.701.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Fabrication and Installation Report</TD><TD align="left" class="gpotbl_cell">30 CFR 285.702.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must submit your Safety Management System, as required by 30 CFR 285.810.
</P>
<P>(c) These activities must fall within the scope of your approved COP. If they do not fall within the scope of your approved COP, you will be required to submit a revision to your COP, under § 585.634, for BOEM approval before commencing the activity.




</P>
</DIV8>


<DIV8 N="§ 585.633" NODE="30:2.0.3.5.13.7.337.28" TYPE="SECTION">
<HEAD>§ 585.633   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 585.634" NODE="30:2.0.3.5.13.7.337.29" TYPE="SECTION">
<HEAD>§ 585.634   What activities require a revision to my COP, and when will BOEM approve the revision?</HEAD>
<P>(a) You must notify BOEM in writing before conducting any activities on the OCS not described in your approved COP. Your notice must describe in detail the type of activities you propose to conduct. We will determine whether the activities you propose require a revision to your COP. We may request additional information from you, if necessary, to make this determination.
</P>
<P>(b) BOEM will periodically review the activities conducted under an approved COP. The frequency and extent of the review will be based on the significance of any changes in available information, and on onshore or offshore conditions affecting, or affected by, the activities conducted under your COP. If the review indicates that the COP should be revised to meet the requirement of this part, BOEM will require you to submit the needed revisions.
</P>
<P>(c) Activities for which a proposed revision to your COP likely will be necessary include:
</P>
<P>(1) Activities on the OCS not described in your approved COP that could have significant environmental impacts, that may affect threatened or endangered species, or affect designated critical habitat of such species, or that may result in incidental take of marine mammals;
</P>
<P>(2) Modifications to the number, size, or type of facilities (including associated components) or equipment you will use outside of the PDE that was approved for your project;
</P>
<P>(3) Material changes in the geographical location or layout of bottom disturbances, offshore facilities, or onshore support bases beyond the range of possible locations described in your approved COP;
</P>
<P>(4) Structural failure of any facility operated under your approved COP;
</P>
<P>(5) Submission of an FDR or FIR that contains new activities beyond the scope of or that is materially inconsistent with the COP that has been previously submitted; or
</P>
<P>(6) Change in any other activity specified by BOEM.
</P>
<P>(d) We may begin the appropriate NEPA analysis and relevant consultations when we determine that a proposed revision could:
</P>
<P>(1) Result in a significant change in the impacts previously identified and evaluated;
</P>
<P>(2) Require any additional Federal authorizations; or
</P>
<P>(3) Involve activities not previously identified and evaluated that could have significant environmental impacts, that may affect threatened or endangered species, or designated critical habitat of such species, or that may result in incidental take of marine mammals.
</P>
<P>(e) When you propose a revision, we may approve the revision if we determine that the revision is:
</P>
<P>(1) Designed not to cause undue harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance; and
</P>
<P>(2) Otherwise consistent with the provisions of subsection 8(p) of the OCS Lands Act.




</P>
</DIV8>


<DIV8 N="§ 585.635" NODE="30:2.0.3.5.13.7.337.30" TYPE="SECTION">
<HEAD>§ 585.635   What must I do if I cease activities approved in my COP before the end of my commercial lease?</HEAD>
<P>You must notify BSEE, within 5 business days, any time you cease commercial operations, without an approved suspension, under your approved COP. If you cease commercial operations for an indefinite period, which extends longer than 6 months, we may cancel your lease under § 585.422 and you must initiate the decommissioning process as set forth in 30 CFR part 285, subpart I.




</P>
</DIV8>


<DIV8 N="§§ 585.636-585.639" NODE="30:2.0.3.5.13.7.337.31" TYPE="SECTION">
<HEAD>§§ 585.636-585.639   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="338" NODE="30:2.0.3.5.13.7.338" TYPE="SUBJGRP">
<HEAD>General Activities Plan Requirements for Limited Leases, ROW Grants, and RUE Grants</HEAD>


<DIV8 N="§ 585.640" NODE="30:2.0.3.5.13.7.338.32" TYPE="SECTION">
<HEAD>§ 585.640   What is a General Activities Plan (GAP)?</HEAD>
<P>(a) A GAP describes your proposed construction, activities, and conceptual decommissioning plans for all planned facilities, including testing of technology devices and onshore and support facilities that you will construct and use for your project, including any project easements for the assessment and development of your limited lease or grant.
</P>
<P>(b) You must receive BOEM approval of your GAP before you can begin any of the proposed activities on your lease or grant.




</P>
</DIV8>


<DIV8 N="§ 585.641" NODE="30:2.0.3.5.13.7.338.33" TYPE="SECTION">
<HEAD>§ 585.641   What must I demonstrate in my GAP?</HEAD>
<P>Your GAP must demonstrate that you have planned and are prepared to conduct the proposed activities in a manner that:
</P>
<P>(a) Conforms to your responsibilities listed in § 585.105(a);
</P>
<P>(b) Conforms to all applicable laws, regulations, and provisions of your limited lease or grant;
</P>
<P>(c) Is safe;
</P>
<P>(d) Does not unreasonably interfere with other uses of the OCS, including those involved with national security or defense;
</P>
<P>(e) Does not cause undue harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
</P>
<P>(f) Uses best available and safest technology;
</P>
<P>(g) Uses best management practices; and
</P>
<P>(h) Uses properly trained personnel.




</P>
</DIV8>


<DIV8 N="§ 585.642" NODE="30:2.0.3.5.13.7.338.34" TYPE="SECTION">
<HEAD>§ 585.642   How do I submit my GAP?</HEAD>
<P>(a) You must submit your GAP to BOEM pursuant to § 585.111.
</P>
<P>(b) If you have a limited lease, you may submit information on any project easement as part of your original GAP submission or as a revision to your GAP.




</P>
</DIV8>


<DIV8 N="§§ 585.643-585.644" NODE="30:2.0.3.5.13.7.338.35" TYPE="SECTION">
<HEAD>§§ 585.643-585.644   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="339" NODE="30:2.0.3.5.13.7.339" TYPE="SUBJGRP">
<HEAD>Contents of the General Activities Plan</HEAD>


<DIV8 N="§ 585.645" NODE="30:2.0.3.5.13.7.339.36" TYPE="SECTION">
<HEAD>§ 585.645   What must I include in my GAP?</HEAD>
<P>(a) Project information may be provided using a PDE. When you provide a range of parameters using a PDE, BOEM reserves the right to determine what range of values for any given parameter is acceptable. Your GAP must include the following project-specific information, as applicable:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Project information:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Contact information</TD><TD align="left" class="gpotbl_cell">The name, address, email address, and phone number of an authorized representative.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Designation of operator, if applicable</TD><TD align="left" class="gpotbl_cell">As provided in § 585.405.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Your proposed construction, activities, and conceptual decommissioning plans, and/or technology testing concept</TD><TD align="left" class="gpotbl_cell">A discussion of the objectives; description of the proposed activities, including the technology you will use; and proposed schedule from start to completion.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) ROW or RUE grant, or limited lease stipulations, if known</TD><TD align="left" class="gpotbl_cell">A description of the measures you took, or will take, to satisfy the conditions of any grant or lease stipulations related to your proposed activities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) A location plat, or indicative layout</TD><TD align="left" class="gpotbl_cell">The range of surface locations and associated water depths for proposed structures, facilities, and appurtenances located both offshore and onshore, including all anchor and mooring data; and the location and associated water depths of all existing structures.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) General structural and project design, fabrication, and installation</TD><TD align="left" class="gpotbl_cell">Preliminary design information for each facility associated with your project.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Deployment activities</TD><TD align="left" class="gpotbl_cell">A description of the safety, prevention, and environmental protection features or measures that you will use.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Your proposed measures for avoiding, minimizing, reducing, eliminating, and monitoring environmental impacts</TD><TD align="left" class="gpotbl_cell">A description of the measures you will use to avoid or minimize adverse effects and any potential incidental take before you conduct activities on your lease, and how you will mitigate environmental impacts from your proposed activities, including a description of the measures you will use as required by §§ 585.701 through 585.703.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) A list of solid and liquid wastes generated</TD><TD align="left" class="gpotbl_cell">Disposal methods and locations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) A listing of chemical products used (if stored volume exceeds EPA reportable quantities)</TD><TD align="left" class="gpotbl_cell">A list of chemical products used; the volume stored on location; their treatment, discharge, or disposal methods used; and the name and location of the onshore waste receiving, treatment, and/or disposal facility. A description of how these products would be brought onsite, the number of transfers that may take place, and the quantity that will be transferred each time.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) A description of any vessels, vehicles, and aircraft you will use to support your activities</TD><TD align="left" class="gpotbl_cell">An estimate of the frequency and duration of vessel, vehicle, and aircraft traffic.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Reference information</TD><TD align="left" class="gpotbl_cell">A bibliographic list of any document or published source that you cite as part of your plan. You may reference information and data discussed in other plans you previously submitted or that are otherwise readily available to BOEM.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(13) Decommissioning and site clearance procedures</TD><TD align="left" class="gpotbl_cell">A discussion of general concepts and methodologies.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(14) Air quality information</TD><TD align="left" class="gpotbl_cell">As described in § 585.700.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(15) A listing of all Federal, State, and local authorizations or approvals required to conduct activities on your grant or limited lease</TD><TD align="left" class="gpotbl_cell">A statement indicating whether you have applied for or obtained such authorization or approval from the U.S. Coast Guard, U.S. Army Corps of Engineers, and any other applicable Federal, State, or local authorizers pertaining to your activities.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(16) A list of agencies and persons with whom you have communicated, or with whom you will communicate, regarding potential impacts associated with your proposed activities</TD><TD align="left" class="gpotbl_cell">Contact information and issues discussed.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(17) Financial assurance information</TD><TD align="left" class="gpotbl_cell">Statements attesting that the activities and facilities proposed in your GAP are, or an explanation of how they will be, covered by an appropriate bond or other approved security, as required in §§ 585.520 and 585.521.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(18) Project verification strategy</TD><TD align="left" class="gpotbl_cell">You must describe your strategy for compliance with 30 CFR 285.705 through 285.714.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(19) Information you incorporate by reference</TD><TD align="left" class="gpotbl_cell">A list of the documents you have incorporated by reference and where they may be publicly accessed; for confidential information, you may reference information and data discussed in other plans previously submitted or that are otherwise readily available to BOEM.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(20) Other information</TD><TD align="left" class="gpotbl_cell">Additional information as required by BOEM.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must include reports that document the results of surveys and investigations that characterize and model the site of your proposed activities. Your reports must cover the following topics:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Topic:
</TH><TH class="gpotbl_colhed" scope="col">Purpose of report:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Geological and geotechnical</TD><TD align="left" class="gpotbl_cell">To define the baseline geological conditions of the seabed and provide sufficient data to develop a geologic model, assess geologic hazards, and determine the feasibility of the proposed facility</TD><TD align="left" class="gpotbl_cell">(i) Desktop studies to collect available data from published sources and nearby sites.


<br/>(ii) Geophysical surveys of the proposed area with sufficient areal coverage, depth penetration, and resolution to define the geological conditions of the seabed at the site that could impact, or be impacted by, the proposed project.

<br/>(iii) Geotechnical investigations of sufficient scope and detail to: ground truth the geophysical surveys; support development of a geological model; assess potential geological hazards that could impact the proposed development; and provide geotechnical data for preliminary design of the facility, including type and approximate dimensions of the foundation.

<br/>(iv) An overall site characterization report for your facility that integrates the findings of your studies, surveys, and investigations; describes the geological model; contains supporting data and findings; and states your recommendations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Biological</TD><TD align="left" class="gpotbl_cell">To determine the presence of biological features and marine resources</TD><TD align="left" class="gpotbl_cell">A description of the results of biological surveys used to determine the presence of live bottoms, hard bottoms, topographic features, and other marine resources, including migratory populations, such as fish, marine mammals, sea turtles, and sea birds.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Archaeological resources and other historic properties</TD><TD align="left" class="gpotbl_cell">To provide BOEM with required information to conduct review of the GAP under NHPA</TD><TD align="left" class="gpotbl_cell">Archaeological resource and other historic property identification surveys with supporting data.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Meteorological and oceanographic (metocean)</TD><TD align="left" class="gpotbl_cell">To provide an overall understanding of the meteorological and oceanographic conditions at the site of the proposed facility, and to identify conditions that may pose a significant risk to the facility</TD><TD align="left" class="gpotbl_cell">Desktop studies to collect available data from hindcast or re-analysis models and field measurements in sufficient detail to support preliminary design of the facility and support the analysis of wake effects, sediment mobility and scour, and navigation risks.</TD></TR></TABLE></DIV></DIV>
<P>(c) If you are applying for a project easement, or constructing a facility or a combination of facilities deemed by BOEM to be complex or significant, you must provide the following additional information and comply with the requirements of 30 CFR part 285, subpart G:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Project information:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) The construction and operation concept</TD><TD align="left" class="gpotbl_cell">A discussion of the objectives, description of the proposed activities, and tentative schedule from start to completion.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) All cables and pipelines, including cables on project easements</TD><TD align="left" class="gpotbl_cell">The location, design, installation methods, testing, maintenance, repair, safety devices, exterior corrosion protection, inspections, and decommissioning.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) A general description of the operating procedures and systems</TD><TD align="left" class="gpotbl_cell">(i) Under normal conditions.


<br/>(ii) In the case of accidents or emergencies, including those that are natural or manmade.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Construction schedule</TD><TD align="left" class="gpotbl_cell">A reasonable schedule of construction activity showing significant milestones including the commencement of activities consistent with the requirements of 30 CFR part 285, subpart G.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Other information</TD><TD align="left" class="gpotbl_cell">Additional information as requested by BOEM.</TD></TR></TABLE></DIV></DIV>
<P>(d) BOEM will withhold trade secrets and commercial or financial information that is privileged or confidential from public disclosure in accordance with the terms of § 585.114.




</P>
</DIV8>


<DIV8 N="§ 585.646" NODE="30:2.0.3.5.13.7.339.37" TYPE="SECTION">
<HEAD>§ 585.646   What information and certifications must I submit with my GAP to assist BOEM in complying with NEPA and other applicable laws?</HEAD>
<P>You must submit, with your GAP, detailed information and analysis to assist BOEM in complying with NEPA and other applicable laws.
</P>
<P>(a) A GAP submitted for an area in which BOEM has not reviewed GAP activities under NEPA or other applicable Federal laws must describe those resources, conditions, and activities listed in paragraphs (b)(1) through (10) of this section that your proposed activities may significantly affect or that may have a significant effect on your activities proposed in your GAP (including where the potential significance of the effect is unknown) and must contain any other information required by law.
</P>
<P>(b) For a GAP submitted for an area in which BOEM has considered GAP activities under applicable Federal law (<I>e.g.,</I> a NEPA analysis and CZMA consistency determination for the GAP activities), BOEM will review the GAP to determine if its impacts are consistent with those previously considered. If the anticipated effects of your proposed GAP activities are significantly different than those previously anticipated, we may determine that additional NEPA and other relevant Federal reviews are required. In that case, BOEM will notify you of such determination, and you must submit a GAP that describes those resources, conditions, and activities listed in the following table that your proposed activities may significantly affect or that may have a significant effect on your activities proposed in your GAP (including where the potential significance of the effect is unknown) and must contain any other information required by law, including:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of information:
</TH><TH class="gpotbl_colhed" scope="col">Including:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Hazard information</TD><TD align="left" class="gpotbl_cell">Meteorology, oceanography, sediment transport, geology, and shallow geological or manmade hazards.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Water quality</TD><TD align="left" class="gpotbl_cell">Turbidity and total suspended solids from construction; impact from vessel discharges.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Biological resources</TD><TD align="left" class="gpotbl_cell">Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, plankton, sea grasses, and other plant life.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Threatened or endangered species</TD><TD align="left" class="gpotbl_cell">As required by the ESA (16 U.S.C. 1531 <E T="03">et seq.</E>).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Sensitive biological resources or habitats</TD><TD align="left" class="gpotbl_cell">Essential fish habitat, refuges, preserves, special management areas identified in coastal management programs, marine protected areas, including State and Federal coastal and marine protected areas, as well as nearby national marine sanctuaries and nearby marine national monuments, rookeries, hard bottom habitat, chemosynthetic communities, calving grounds, barrier islands, beaches, dunes, and wetlands.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Archaeological resources use, other historic property use, Indigenous traditional cultural use, or use pertaining to treaty and reserved rights with Native Americans or other Indigenous peoples</TD><TD align="left" class="gpotbl_cell">Required information to conduct review of the COP under the NHPA or other applicable laws or policies, including treaty and reserved rights with Native Americans or other Indigenous peoples.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Social and economic conditions</TD><TD align="left" class="gpotbl_cell">Employment, existing offshore and coastal infrastructure (including major sources of supplies, services, energy, and water), land use, subsistence resources and harvest practices, recreation, recreational and commercial fishing (including typical fishing seasons, location, and type), minority and lower income groups, coastal zone management programs, and a visual impact assessment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Coastal and marine uses</TD><TD align="left" class="gpotbl_cell">Military activities, vessel traffic, fisheries, and exploration and development of other natural resources. This includes a navigational safety risk assessment that provides a description of the predicted impacts of the project to navigation, and the measures you will use to avoid or minimize such adverse impacts. This document also must be submitted to the U.S. Coast Guard to assist with its analysis if your proposal identifies potential impediments to safe navigation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Consistency Certification</TD><TD align="left" class="gpotbl_cell">If required by CZMA, under:


<br/>(i) 15 CFR part 930, subpart D, if the GAP is submitted before lease or grant issuance;

<br/>(ii) 15 CFR part 930, subpart E, if the GAP is submitted after lease or grant issuance.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Other resources, conditions, and activities</TD><TD align="left" class="gpotbl_cell">As required by BOEM.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 585.647" NODE="30:2.0.3.5.13.7.339.38" TYPE="SECTION">
<HEAD>§ 585.647   How will my GAP be processed for Federal consistency under the Coastal Zone Management Act?</HEAD>
<P>Your GAP will be processed based on whether it is submitted before or after your lease or grant is issued:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If your GAP is


<br/>submitted:
</TH><TH class="gpotbl_colhed" scope="col">Consistency review of your GAP will be handled as follows:
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a) Before lease or grant issuance</TD><TD align="left" class="gpotbl_cell">You will furnish a copy of your GAP, consistency certification, and necessary data and information to conduct an adequate consistency review to the applicable State CZMA agencies if required by 15 CFR part 930, subpart D. Submit a copy to BOEM pursuant to § 585.111.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b) After lease or grant issuance</TD><TD align="left" class="gpotbl_cell">You will submit a copy of your GAP, consistency certification, and necessary data and information to BOEM if required by 15 CFR part 930, subpart E. BOEM will forward to the applicable State CZMA agency or agencies one copy of your GAP, consistency certification, and necessary data and information to conduct an adequate consistency review required under 15 CFR part 930, subpart E, after BOEM has determined that all information requirements for the GAP are met.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 585.648" NODE="30:2.0.3.5.13.7.339.39" TYPE="SECTION">
<HEAD>§ 585.648   How will BOEM process my GAP?</HEAD>
<P>(a) BOEM will review your submitted GAP, along with the information and certifications you submitted in compliance with § 585.646, to determine if it contains the information necessary to conduct our technical and environmental reviews.
</P>
<P>(1) We will notify you if we deem your proposed facility or combination of facilities to be complex or significant; and
</P>
<P>(2) We will notify you if your submitted GAP lacks any necessary information.
</P>
<P>(b) BOEM will prepare appropriate NEPA analysis.
</P>
<P>(c) When appropriate, we will coordinate and consult with relevant State and Federal agencies and affected federally recognized Indian Tribes and provide to other local, State, and Federal agencies and affected federally recognized Indian Tribes relevant nonproprietary data and information pertaining to your proposed activities.
</P>
<P>(d) During the review process, we may request additional information if we determine that the information provided is not sufficient to complete the review and approval process. If you fail to provide the requested information, BOEM may disapprove your GAP.
</P>
<P>(e) Upon completion of our technical and environmental reviews and other reviews required by Federal law (<I>e.g.,</I> CZMA), BOEM may approve, disapprove, or approve your GAP with conditions.
</P>
<P>(1) If we approve your GAP, we will specify terms and conditions to be incorporated into your GAP. You must certify compliance with certain of those terms and conditions, as required under 30 CFR 285.653(b); and
</P>
<P>(2) If we disapprove your GAP, we will inform you of the reasons and allow you an opportunity to submit a revised plan addressing our concerns, and we may suspend your lease or grant, as appropriate, to give you a reasonable amount of time to resubmit the GAP.




</P>
</DIV8>


<DIV8 N="§ 585.649" NODE="30:2.0.3.5.13.7.339.40" TYPE="SECTION">
<HEAD>§ 585.649   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="340" NODE="30:2.0.3.5.13.7.340" TYPE="SUBJGRP">
<HEAD>Activities under an Approved GAP</HEAD>


<DIV8 N="§ 585.650" NODE="30:2.0.3.5.13.7.340.41" TYPE="SECTION">
<HEAD>§ 585.650   When may I begin conducting activities under my GAP?</HEAD>
<P>After BOEM approves your GAP, you may begin conducting the approved activities that do not involve a project easement or the construction of facilities on the OCS that BOEM has deemed to be complex or significant.




</P>
</DIV8>


<DIV8 N="§ 585.651" NODE="30:2.0.3.5.13.7.340.42" TYPE="SECTION">
<HEAD>§ 585.651   When may I construct complex or significant OCS facilities on my limited lease or any facilities on my project easement proposed under my GAP?</HEAD>
<P>If you are applying for a project easement or installing a facility or a combination of facilities on your limited lease deemed by BOEM to be complex or significant, as provided in § 585.648(a)(1), you also must comply with the requirements of 30 CFR part 285, subpart G, and submit your safety management system description required by 30 CFR 285.810 before construction may begin.




</P>
</DIV8>


<DIV8 N="§ 585.652" NODE="30:2.0.3.5.13.7.340.43" TYPE="SECTION">
<HEAD>§ 585.652   How long do I have to conduct activities under an approved GAP?</HEAD>
<P>After BOEM approves your GAP, you have:
</P>
<P>(a) For a limited lease, the time period established under § 585.236(a)(2), unless we renew the operations period under §§ 585.425 through 585.429.
</P>
<P>(b) For a ROW grant or RUE grant, the time provided in the terms of the grant.




</P>
</DIV8>


<DIV8 N="§ 585.653" NODE="30:2.0.3.5.13.7.340.44" TYPE="SECTION">
<HEAD>§ 585.653   What other reports or notices must I submit to BOEM under my approved GAP?</HEAD>
<P>You must prepare and submit to BOEM annually a report that summarizes the findings from any activities you conduct under your approved GAP and the results of those activities. BOEM will protect the information from public disclosure as provided in § 585.114.




</P>
</DIV8>


<DIV8 N="§ 585.654" NODE="30:2.0.3.5.13.7.340.45" TYPE="SECTION">
<HEAD>§ 585.654   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 585.655" NODE="30:2.0.3.5.13.7.340.46" TYPE="SECTION">
<HEAD>§ 585.655   What activities require a revision to my GAP, and when will BOEM approve the revision?</HEAD>
<P>(a) You must notify BOEM in writing before conducting any activities on the OCS not described in your approved GAP. Your notice must describe in detail the type of activities you propose to conduct. We will determine whether the activities you propose require a revision to your GAP. We may request additional information from you, if necessary, to make this determination. Upon receipt of your revised GAP, BOEM will make a determination as to whether it deems the facility or combination of facilities described in your revised GAP to be complex or significant.
</P>
<P>(1) If BOEM determines that your revised GAP is not complex or significant, you may conduct your approved activities in accordance with § 585.650.
</P>
<P>(2) If BOEM determines that your revised GAP is complex or significant, then you must comply with the requirements of § 585.651.
</P>
<P>(b) BOEM will periodically review the activities conducted under an approved GAP. The frequency and extent of the review will be based on the significance of any changes in available information and on onshore or offshore conditions affecting, or affected by, the activities conducted under your GAP. If the review indicates that the GAP should be revised to meet the requirement of this part, BOEM will require you to submit the needed revisions.
</P>
<P>(c) Activities for which a proposed revision to your GAP likely will be necessary include:
</P>
<P>(1) Activities on the OCS not described in your approved GAP that could have significant environmental impacts or that may affect threatened or endangered species, or that may affect designated critical habitat of such species or that may result in incidental take of marine mammals;
</P>
<P>(2) Modifications to the number, size, or type of facilities (including associated components) or equipment you will use outside of the PDE that was approved for your project;
</P>
<P>(3) Changes in the geographical location or layout of bottom disturbances, offshore facilities, or onshore support bases beyond the range of possible locations described in your approved GAP;
</P>
<P>(4) Structural failure of any facility operated under your approved GAP; or
</P>
<P>(5) Change to any other activity specified by BOEM.
</P>
<P>(d) We may begin the appropriate NEPA analysis and any relevant consultations when we determine that a proposed revision could:
</P>
<P>(1) Result in a significant change in the impacts previously identified and evaluated;
</P>
<P>(2) Require any additional Federal authorizations; or
</P>
<P>(3) Involve activities not previously identified and evaluated that could have significant environmental impacts or that may affect threatened or endangered species, or that may affect designated critical habitat of such species, or that may result in incidental take of marine mammals.
</P>
<P>(e) When you propose a revision, we may approve the revision if we determine that the revision is:
</P>
<P>(1) Designed not to cause undue harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance; and
</P>
<P>(2) Otherwise consistent with the provisions of subsection 8(p) of the OCS Lands Act.




</P>
</DIV8>


<DIV8 N="§ 585.656" NODE="30:2.0.3.5.13.7.340.47" TYPE="SECTION">
<HEAD>§ 585.656   What must I do if I cease activities approved in my GAP before the end of my term?</HEAD>
<P>You must notify BOEM any time you cease activities under your approved GAP without an approved suspension. If you cease activities for an indefinite period that exceeds 6 months, BOEM may cancel your lease or grant under § 585.422, as applicable, and you must initiate the decommissioning process, as set forth in 30 CFR part 285, subpart I.




</P>
</DIV8>


<DIV8 N="§ 585.657" NODE="30:2.0.3.5.13.7.340.48" TYPE="SECTION">
<HEAD>§ 585.657   What must I do upon completion of approved activities under my GAP?</HEAD>
<P>Upon completion of your approved activities under your GAP, you must decommission your project as set forth in 30 CFR part 285, subpart I. You must submit your decommissioning application as provided in 30 CFR 285.905 and 285.906.


</P>
</DIV8>

</DIV7>


<DIV7 N="341" NODE="30:2.0.3.5.13.7.341" TYPE="SUBJGRP">
<HEAD>Cable and Pipeline Deviations</HEAD>


<DIV8 N="§ 585.658" NODE="30:2.0.3.5.13.7.341.49" TYPE="SECTION">
<HEAD>§ 585.658   Can my cable or pipeline construction deviate from my approved COP or GAP?</HEAD>
<P>(a) You must make every effort to ensure that all cables and pipelines are constructed in a manner that minimizes deviations from the approved plan under your lease or grant.
</P>
<P>(b) If BOEM determines that a significant change in conditions has occurred that would necessitate an adjustment to your ROW, RUE, or lease before the commencement of construction of the cable or pipeline on the grant or lease, BOEM will consider modifications to your ROW grant, RUE grant, or your lease addendum for a project easement in connection with your COP or GAP.
</P>
<P>(c) If, after construction, it is determined that a deviation from the approved plan has occurred, you must:
</P>
<P>(1) Notify the operators of all leases (including mineral leases issued under this subchapter) and holders of all ROW grants or RUE grants (including all grants issued under this subchapter) which include the area where a deviation has occurred and provide BOEM with evidence of such notification;
</P>
<P>(2) Relinquish any unused portion of your lease or grant; and
</P>
<P>(3) Submit a revised plan for BOEM approval as necessary.
</P>
<P>(d) Construction of a cable or pipeline that substantially deviates from the approved plan may be grounds for cancellation of the lease or grant.




</P>
</DIV8>


<DIV8 N="§ 585.659-585.699" NODE="30:2.0.3.5.13.7.341.50" TYPE="SECTION">
<HEAD>§ 585.659-585.699   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="342" NODE="30:2.0.3.5.13.7.342" TYPE="SUBJGRP">
<HEAD>Environmental Protection Requirements Under Approved Plans</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>89 FR 42728, May 15, 2024, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 585.700" NODE="30:2.0.3.5.13.7.342.51" TYPE="SECTION">
<HEAD>§ 585.700   What requirements must I include in my SAP, COP, or GAP regarding air quality?</HEAD>
<P>(a) You must comply with the Clean Air Act (42 U.S.C. 7409) and its implementing regulations in 40 CFR part 55, according to the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If your project is located . . .
</TH><TH class="gpotbl_colhed" scope="col">You must . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) In the Gulf of America west of 87.5° west longitude (western Gulf of America) or offshore of the North Slope Borough of Alaska</TD><TD align="left" class="gpotbl_cell">Include in your plan any information required for BOEM to make the appropriate air quality determinations for your project.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Anywhere else on the OCS</TD><TD align="left" class="gpotbl_cell">Follow the appropriate implementing regulations as promulgated by the EPA under 40 CFR part 55.</TD></TR></TABLE></DIV></DIV>
<P>(b) For air quality modeling that you perform in support of the activities proposed in your plan, you should contact the appropriate regulatory agency to establish a modeling protocol to ensure that the agency's needs are met and that the meteorological files used are acceptable before initiating the modeling work. In the western Gulf of America (west of 87.5° west longitude) and offshore of the North Slope Borough of Alaska, you must submit to BOEM three copies of the modeling report and three sets of digital files as supporting information. The digital files must contain the formatted meteorological files used in the modeling runs, the model input file, and the model output file.


</P>
<CITA TYPE="N">[89 FR 42728, May 15, 2024, as amended at 90 FR 24072, June 6, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 585.701" NODE="30:2.0.3.5.13.7.342.52" TYPE="SECTION">
<HEAD>§ 585.701   How must I conduct my approved activities to protect marine mammals, threatened and endangered species, and designated critical habitat?</HEAD>
<P>(a) You must not conduct any activity under your lease or grant that may affect threatened or endangered species or that may affect designated critical habitat of such species until the appropriate level of consultation is conducted, as required under the ESA, as amended (16 U.S.C. 1531 <I>et seq.</I>), to ensure that your actions are not likely to jeopardize a threatened or endangered species and are not likely to destroy or adversely modify designated critical habitat.
</P>
<P>(b) You must not conduct any activity under your lease or grant that is likely to result in an incidental taking of marine mammals until the appropriate authorization has been issued under the Marine Mammal Protection Act of 1972 (MMPA) as amended (16 U.S.C. 1361 <I>et seq.</I>).
</P>
<P>(c) If there is reason to believe that a threatened or endangered species may be present while you conduct your BOEM-approved activities or may be affected by the direct or indirect effects of your actions:
</P>
<P>(1) You must notify us that endangered or threatened species may be present in the vicinity of the lease or grant or may be affected by your actions; and
</P>
<P>(2) We will consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, you may proceed.
</P>
<P>(d) If there is reason to believe that designated critical habitat of a threatened or endangered species may be affected by the direct or indirect effects of your BOEM-approved activities:
</P>
<P>(1) You must notify us that designated critical habitat of a threatened or endangered species in the vicinity of the lease or grant may be affected by your actions; and
</P>
<P>(2) We will consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, you may proceed.
</P>
<P>(e) If there is reason to believe that marine mammals are likely to be incidentally taken as a result of your proposed activities:
</P>
<P>(1) You must agree to secure an authorization from National Oceanic and Atmospheric Administration (NOAA) or the U.S. Fish and Wildlife Service (FWS) for incidental taking, including taking by harassment, that may result from your actions; and
</P>
<P>(2) You must comply with all measures required by the NOAA or FWS, including measures to affect the least practicable impact on such species and their habitat and to ensure no immitigable adverse impact on the availability of the species for subsistence use.
</P>
<P>(f) Submit to us:
</P>
<P>(1) Measures designed to avoid or minimize adverse effects and any potential incidental take of the endangered or threatened species or marine mammals;
</P>
<P>(2) Measures designed to avoid likely adverse modification or destruction of designated critical habitat of such endangered or threatened species;
</P>
<P>(3) Your agreement to monitor for the incidental take of the species and adverse effects on the critical habitat, and provide the results of the monitoring as required;
</P>
<P>(4) Your agreement to perform any relevant terms and conditions of the Incidental Take Statement that may result from the ESA consultation; and
</P>
<P>(5) Your agreement to perform any relevant mitigation measures under an MMPA incidental take authorization.




</P>
</DIV8>


<DIV8 N="§ 585.702" NODE="30:2.0.3.5.13.7.342.53" TYPE="SECTION">
<HEAD>§ 585.702   What must I do if I discover a potential archaeological resource while conducting my approved activities?</HEAD>
<P>(a) If you, your subcontractors, or any agent acting on your behalf discovers a potential archaeological resource while conducting construction activities, or any other activity related to your project, you must:
</P>
<P>(1) Immediately halt all seafloor-disturbing activities within the area of the discovery;
</P>
<P>(2) Notify BOEM of the discovery within 72 hours; and
</P>
<P>(3) Keep the location of the discovery confidential and not take any action that may adversely affect the archaeological resource until we have made an evaluation and instructed you on how to proceed.
</P>
<P>(b) We may require you to conduct additional investigations to determine if the resource is eligible for listing in the National Register of Historic Places under 36 CFR 60.4. We will do this if:
</P>
<P>(1) The site has been impacted by your project activities; or
</P>
<P>(2) Impacts to the site or to the area of potential effect cannot be avoided.
</P>
<P>(c) If investigations under paragraph (b) of this section indicate that the resource is potentially eligible for listing in the National Register of Historic Places, we will tell you how to protect the resource, or how to mitigate adverse effects to the site.
</P>
<P>(d) If we incur costs in protecting the resource, under section 110(g) of the NHPA, we may charge you reasonable costs for carrying out preservation responsibilities under the OCS Lands Act.




</P>
</DIV8>


<DIV8 N="§ 585.703" NODE="30:2.0.3.5.13.7.342.54" TYPE="SECTION">
<HEAD>§ 585.703   How must I conduct my approved activities to protect essential fish habitats identified and described under the Magnuson-Stevens Fishery Conservation and Management Act?</HEAD>
<P>(a) If, during the conduct of your approved activities, BOEM finds that essential fish habitat or habitat areas of particular concern may be adversely affected by your activities, BOEM must consult with National Marine Fisheries Service.
</P>
<P>(b) Any conservation recommendations adopted by BOEM to avoid or minimize adverse effects on essential fish habitat will be incorporated as terms and conditions in the lease and must be adhered to by the applicant. BOEM may require additional surveys to define boundaries and avoidance distances.
</P>
<P>(c) If required, BOEM will specify the survey methods and instrumentations for conducting the biological survey and will specify the contents of the biological report.


































































</P>
</DIV8>

</DIV7>

</DIV6>

</DIV5>


<DIV5 N="586" NODE="30:2.0.3.5.14" TYPE="PART">
<HEAD>PART 586—ALTERNATE USES OF EXISTING FACILITIES ON THE OUTER CONTINENTAL SHELF
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>43 U.S.C. 1337.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 6468, Jan. 31, 2023, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.5.14.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 586.100" NODE="30:2.0.3.5.14.1.345.1" TYPE="SECTION">
<HEAD>§ 586.100   Authority.</HEAD>
<P>The authority for this part derives from subsection 8 of the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1337). The Secretary of the Interior delegated to the Bureau of Ocean Energy Management (BOEM) the authority to regulate activities under section 1337(p)(1)(D) of OCS Lands Act.




</P>
</DIV8>


<DIV8 N="§ 586.101" NODE="30:2.0.3.5.14.1.345.2" TYPE="SECTION">
<HEAD>§ 586.101   What is the purpose of this part?</HEAD>
<P>The purpose of this part is to:
</P>
<P>(a) Establish procedures for issuance and administration of right-of-use and easement (RUE) grants for the alternate use of existing OCS facilities for energy or marine-related purposes;
</P>
<P>(b) Inform you and third parties of your obligations when you undertake activities authorized in this part; and
</P>
<P>(c) Ensure that activities involving the alternate use of OCS facilities for energy or marine-related purposes are conducted in a safe and environmentally sound manner, in conformance with the requirements of subsection 8(p) of the OCS Lands Act, other applicable laws and regulations, and the terms of your Alternate Use RUE grant.
</P>
<P>(d) This part will not convey access rights for oil, gas, or other minerals.




</P>
</DIV8>


<DIV8 N="§ 586.102" NODE="30:2.0.3.5.14.1.345.3" TYPE="SECTION">
<HEAD>§ 586.102   What activities does this part regulate?</HEAD>
<P>(a) This part provides the general provisions for authorizing and regulating activities that use, or propose to use, an existing OCS facility for energy- or marine-related purposes, that are not otherwise authorized under any other part of this subchapter or any other applicable Federal statute. Activities authorized under any other part of this subchapter or under any other Federal law that use (or propose to use) an existing OCS facility are not subject to this part.
</P>
<P>(b) BOEM will issue an Alternate Use RUE for activities authorized under this part.
</P>
<P>(c) At the discretion of the Director, an Alternate Use RUE may:
</P>
<P>(1) Permit alternate use activities to occur at an existing facility that is currently in use under an approved OCS lease; or
</P>
<P>(2) Limit alternate use activities at the existing facility until after previously authorized activities at the facility have ceased and the OCS lease terminates.




</P>
</DIV8>


<DIV8 N="§ 586.103" NODE="30:2.0.3.5.14.1.345.4" TYPE="SECTION">
<HEAD>§ 586.103   What are BOEM's responsibilities under this part?</HEAD>
<P>(a) BOEM will ensure that any activities authorized in this part are carried out in a manner that provides for:
</P>
<P>(1) Safety;
</P>
<P>(2) Protection of the environment;
</P>
<P>(3) Prevention of waste;
</P>
<P>(4) Conservation of the natural resources of the OCS;
</P>
<P>(5) Coordination with relevant Federal agencies (including, in particular, those agencies involved in planning activities that are undertaken to avoid conflicts among users and to maximize the economic and ecological benefits of the OCS, including multifaceted spatial planning efforts);
</P>
<P>(6) Protection of National security interests of the United States;
</P>
<P>(7) Protection of the rights of other authorized users of the OCS;
</P>
<P>(8) A fair return to the United States;
</P>
<P>(9) Prevention of interference with reasonable uses (as determined by the Secretary or Director) of the exclusive economic zone, the high seas, and the territorial seas;
</P>
<P>(10) Consideration of the location of and any schedule relating to a grant under this part for an area of the OCS, and any other use of the sea or seabed;
</P>
<P>(11) Public notice and comment on any proposal submitted for a grant under this part; and
</P>
<P>(12) Oversight, research, and monitoring of activities authorized by a grant under this part.
</P>
<P>(b) BOEM will require compliance with all applicable laws, regulations, other requirements, and the terms of your grant and approved plans under this part. BOEM will approve, disapprove, or approve with conditions any plans, applications, or other documents submitted to BOEM for approval under the provisions of this part.
</P>
<P>(c) Unless otherwise provided in this part, BOEM may give oral directives or decisions whenever prior BOEM approval is required under this part. BOEM will document in writing any such oral directives within 10 business days.
</P>
<P>(d) BOEM will establish practices and procedures to govern the collection of all payments due to the Federal Government, including any cost recovery fees, rents, operating fees, and other fees or payments. BOEM will do this in accordance with the terms of this part, the grant under this part, and applicable Office of Natural Resources Revenue (ONRR) regulations or guidance.
</P>
<P>(e) BOEM will provide for coordination and consultation with the Governor of any State, the executive of any local government, and the executive of any Indian Tribe that may be affected by a grant issued under this part. BOEM may invite any affected State Governor, representative of an affected Indian Tribe, and affected local government executive to join in establishing a task force or other joint planning or coordination agreement in carrying out our responsibilities under this part.




</P>
</DIV8>


<DIV8 N="§ 586.104" NODE="30:2.0.3.5.14.1.345.5" TYPE="SECTION">
<HEAD>§ 586.104   When may BOEM prescribe or approve departures from the regulations in this part?</HEAD>
<P>(a) BOEM may prescribe or approve departures from these regulations when departures are necessary to:
</P>
<P>(1) Facilitate the appropriate activities on a grant under this part;
</P>
<P>(2) Conserve natural resources;
</P>
<P>(3) Protect life (including human and wildlife), property, or the marine, coastal, or human environment; or
</P>
<P>(4) Protect sites, structures, or objects of historical or archaeological significance.
</P>
<P>(b) Any departure approved under this section and its rationale must:
</P>
<P>(1) Be consistent with subsection 8(p) of the OCS Lands Act;
</P>
<P>(2) Protect the environment and the public health and safety to the same degree as if there was no approved departure from the regulations;
</P>
<P>(3) Not impair the rights of third parties; and
</P>
<P>(4) Be documented in writing.




</P>
</DIV8>


<DIV8 N="§ 586.105" NODE="30:2.0.3.5.14.1.345.6" TYPE="SECTION">
<HEAD>§ 586.105   What are my responsibilities under this part?</HEAD>
<P>As an applicant, operator, or holder of an Alternate Use RUE grant, you must:
</P>
<P>(a) Design your projects and conduct all activities in a manner that ensures safety and will not cause undue harm or damage to natural resources, including their physical, atmospheric, and biological components to the extent practicable; and take measures to prevent unauthorized discharge of pollutants including marine trash and debris into the offshore environment.
</P>
<P>(b) Submit requests, applications, plans, notices, modifications, and supplemental information to BOEM as required by this part;
</P>
<P>(c) Follow-up, in writing, any oral request or notification you made, within 3 business days;
</P>
<P>(d) Comply with the terms, conditions, and provisions of all reports and notices submitted to BOEM, and of all plans, revisions, and other BOEM approvals, as provided in this part;
</P>
<P>(e) Make all applicable payments on time;
</P>
<P>(f) Comply with the DOI's non-procurement debarment regulations at 2 CFR part 1400;
</P>
<P>(g) Include the requirement to comply with 2 CFR part 1400 in all contracts and transactions related to a lease or grant under this part;
</P>
<P>(h) Conduct all activities authorized by the lease or grant in a manner consistent with the provisions of subsection 8(p) of the OCS Lands Act;
</P>
<P>(i) Compile, retain, and make available to BOEM representatives, within the time specified by BOEM, any data and information related to the site assessment, design, and operations of your project; and
</P>
<P>(j) Respond to requests from the Director in a timely manner.




</P>
</DIV8>


<DIV8 N="§ 586.106" NODE="30:2.0.3.5.14.1.345.7" TYPE="SECTION">
<HEAD>§ 586.106   What happens if I fail to comply with this part?</HEAD>
<P>(a) BOEM may take appropriate corrective action under this part if you fail to comply with applicable provisions of Federal law, the regulations in this part, other applicable regulations, any order of the Director, the provisions of a grant issued under this part, or the requirements of an approved plan or other approval under this part.
</P>
<P>(b) BOEM may issue to you a notice of noncompliance if we determine that there has been a violation of the regulations in this part, any order of the Director, or any provision of your grant or other approval issued under this part. When issuing a notice of noncompliance, BOEM will serve you at your last known address.
</P>
<P>(c) A notice of noncompliance will tell you how you failed to comply with this part or any order of the Director, and/or the provisions of your grant or other approval, and will specify what you must do to correct the noncompliance and the time limits within which you must act.
</P>
<P>(d) Failure of an operator or grant holder to take the actions specified in a notice of noncompliance issued under this part within the time limit specified provides the basis for cancellation of the grant by the Secretary (§ 586.216).
</P>
<P>(e) BOEM may assess civil penalties, as authorized by section 24 of the OCS Lands Act, if you fail to comply with any provision of this part or any term of a grant or order issued under the authority of this part, after notice of such failure and expirations of any reasonable period allowed for corrective action. Civil penalties will be determined and assessed in accordance with the procedures set forth in 30 CFR part 550, subpart N.
</P>
<P>(f) You may be subject to criminal penalties as authorized by section 24 of the OCS Lands Act.




</P>
</DIV8>


<DIV8 N="§ 586.107" NODE="30:2.0.3.5.14.1.345.8" TYPE="SECTION">
<HEAD>§ 586.107   Who can hold a grant under this part?</HEAD>
<P>(a) You may hold a grant under this part if you can demonstrate that you have the technical and financial capabilities to conduct the activities authorized by the grant and you are a(n):
</P>
<P>(1) Citizen or national of the United States;
</P>
<P>(2) Alien lawfully admitted for permanent residence in the United States as defined in 8 U.S.C. 1101(a)(20);
</P>
<P>(3) Private, public, or municipal corporations organized under the laws of any State of the United States, the District of Columbia, or any territory or insular possession subject to U.S. jurisdiction;
</P>
<P>(4) Association of such citizens, nationals, resident aliens, or corporations;
</P>
<P>(5) Executive agency of the United States as defined in section 105 of Title 5 of the U.S. Code;
</P>
<P>(6) State of the United States; or
</P>
<P>(7) Political subdivision of a State of the United States.
</P>
<P>(b) You may not hold a grant under this part or acquire an interest in a grant under this part if:
</P>
<P>(1) You or your principals are excluded or disqualified from participating in transactions covered by the Federal non-procurement debarment and suspension system (2 CFR part 1400), unless BOEM explicitly has approved an exception for this transaction;
</P>
<P>(2) BOEM determines or has previously determined after notice and opportunity for a hearing that you or your principals have failed to meet or exercise due diligence under any OCS lease or grant; or
</P>
<P>(3) BOEM determines or has previously determined after notice and opportunity for a hearing that you:
</P>
<P>(i) Remained in violation of the terms and conditions of any lease or grant issued under the OCS Lands Act for a period extending longer than 30 days (or such other period allowed for compliance) BSEE directed you to comply; and
</P>
<P>(ii) You took no action to correct the noncompliance within that time period.




</P>
</DIV8>


<DIV8 N="§ 586.108" NODE="30:2.0.3.5.14.1.345.9" TYPE="SECTION">
<HEAD>§ 586.108   How do I show that I am qualified to be a grant holder?</HEAD>
<P>(a) You must demonstrate your technical and financial capability to construct, operate, maintain, and terminate/decommission projects for which you are requesting authorization. Documentation can include:
</P>
<P>(1) Descriptions of international or domestic experience with renewable energy projects or other types of electric-energy-related projects; and
</P>
<P>(2) information establishing access to sufficient capital to carry out development.
</P>
<P>(b) An individual must submit a written statement of citizenship status attesting to U.S. citizenship. It does not need to be notarized nor give the age of individual. A resident alien may submit a photocopy of the U.S. Citizenship and Immigration Services form evidencing legal status of the resident alien.
</P>
<P>(c) A corporation or association must submit evidence, as specified in the table in paragraph (d) of this section, acceptable to BOEM that:
</P>
<P>(1) It is qualified to hold grants under this part;
</P>
<P>(2) It is authorized to conduct business under the laws of its State;
</P>
<P>(3) It is authorized to hold grants on the OCS under the operating rules of its business; and
</P>
<P>(4) The persons holding the titles listed are authorized to bind the corporation or association when conducting business with BOEM.
</P>
<P>(d) Acceptable evidence under paragraph (c) of this section includes, but is not limited to the following:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Requirements to qualify to hold grants on the OCS:
</TH><TH class="gpotbl_colhed" scope="col">Corp.
</TH><TH class="gpotbl_colhed" scope="col">Ltd.


<br/>prtnsp.
</TH><TH class="gpotbl_colhed" scope="col">Gen.


<br/>prtnsp.
</TH><TH class="gpotbl_colhed" scope="col">LLC
</TH><TH class="gpotbl_colhed" scope="col">Trust
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Original certificate or certified copy from the State of incorporation stating the name of the corporation exactly as it must appear on all legal documents.</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Certified statement by Secretary/Assistant Secretary over corporate seal, certifying that the corporation is authorized to hold OCS grants.</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Evidence of authority of titled positions to bind corporation, certified by Secretary/Assistant Secretary over corporate seal, including the following:</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(i) Certified copy of resolution of the board of directors with titles of officers authorized to bind corporation.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(ii) Certified copy of resolutions granting corporate officer authority to issue a power of attorney.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(iii) Certified copy of power of attorney or certified copy of resolution granting power of attorney.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Original certificate or certified copy of partnership or organization paperwork registering with the appropriate State official.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Copy of articles of partnership or organization evidencing filing with appropriate Secretary of State, certified by Secretary/Assistant Secretary of partnership or member or manager of LLC.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) Original certificate or certified copy evidencing State where partnership or LLC is registered. Statement of authority to hold OCS leases, certified by Secretary/Assistant Secretary, <E T="03">OR</E> original paperwork registering with the appropriate State official.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Statements from each partner or LLC member indicating the following:</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(i) If a corporation or partnership, statement of State of organization and authorization to hold OCS grants, certified by Secretary/Assistant Secretary over corporate seal, if a corporation.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(ii) If an individual, a statement of citizenship.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Statement from general partner, certified by Secretary/Assistant Secretary that:</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(i) Each individual limited partner is a U.S. citizen and;</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 4em">(ii) Each corporate limited partner or other entity is incorporated or formed and organized under the laws of a U.S. State or territory.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"/><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Evidence of authority to bind partnership or LLC, if not specified in partnership agreement, articles of organization, or LLC regulations, <E T="03">i.e.,</E> certificates of authority from Secretary/Assistant Secretary reflecting authority of officers.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX</TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Listing of members of LLC certified by Secretary/Assistant Secretary or any member or manager of LLC.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX
</TD><TD align="center" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Copy of trust agreement or document establishing the trust and all amendments, properly certified by the trustee with reference to where the original documents are filed.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Statement indicating the law under which the trust is established and that the trust is authorized to hold OCS grants.</TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell"></TD><TD align="center" class="gpotbl_cell">XX</TD></TR></TABLE></DIV></DIV>
<P>(e) A local, State, or Federal executive entity must submit a written statement that:
</P>
<P>(1) It is qualified to hold grants under this part; and
</P>
<P>(2) The person(s) acting on behalf of the entity is authorized to bind the entity when conducting business with us.
</P>
<P>(f) BOEM may require you to submit additional information at any time considering your bid or request for a noncompetitive grant.




</P>
</DIV8>


<DIV8 N="§ 586.109" NODE="30:2.0.3.5.14.1.345.10" TYPE="SECTION">
<HEAD>§ 586.109   When must I notify BOEM if an action has been filed alleging that I am insolvent or bankrupt?</HEAD>
<P>You must notify BOEM within 3-business days after you learn of any action filed alleging that you are insolvent or bankrupt.




</P>
</DIV8>


<DIV8 N="§ 586.110" NODE="30:2.0.3.5.14.1.345.11" TYPE="SECTION">
<HEAD>§ 586.110   When must I notify BOEM of mergers, name changes, or changes of business form?</HEAD>
<P>You must notify BOEM in writing of any merger, name change, or change of business form. You must notify BOEM as soon as practicable following the merger, name change, or change in business form, but no later than 120 days after the earliest of either the effective date, or the date of filing the change or action with the Secretary of the State or other authorized official in the State of original registry.




</P>
</DIV8>


<DIV8 N="§ 586.111" NODE="30:2.0.3.5.14.1.345.12" TYPE="SECTION">
<HEAD>§ 586.111   How do I submit plans, applications, or notices required by this part?</HEAD>
<P>(a) You must submit all plans, applications, or notices required by this part to BOEM at the following address: Office of Renewable Energy Programs, 45600 Woodland Road, Sterling, VA 20166.
</P>
<P>(b) Unless otherwise stated, you must submit one paper copy and one electronic copy of all plans, applications, or notices required by this part.




</P>
</DIV8>


<DIV8 N="§ 586.112" NODE="30:2.0.3.5.14.1.345.13" TYPE="SECTION">
<HEAD>§ 586.112   When and how does BOEM charge me processing fees on a case-by-case basis?</HEAD>
<P>(a) BOEM will charge a processing fee on a case-by-case basis under the procedures in this section with regard to any application or request under this part if we decide at any time that the preparation of a particular document or study is necessary for the application or request and it will have a unique processing cost, such as the preparation of an environmental assessment (EA) or environmental impact statement (EIS).
</P>
<P>(1) Processing costs will include contract oversight and efforts to review and approve documents prepared by contractors, whether the contractor is paid directly by the applicant or through BOEM.
</P>
<P>(2) We may apply a standard overhead rate to direct processing costs.
</P>
<P>(b) We will assess the ongoing processing fee for each individual application or request according to the following procedures:
</P>
<P>(1) Before we process your application or request, we will give you a written estimate of the proposed fee based on reasonable processing costs.
</P>
<P>(2) You may comment on the proposed fee.
</P>
<P>(3) You may:
</P>
<P>(i) Ask for our approval to perform, or to directly pay a contractor to perform, all or part of any document, study, or other activity according to standards we specify, thereby reducing our costs for processing your application or request; or
</P>
<P>(ii) Ask to pay us to perform, or contract for, all or part of any document, study, or other activity.
</P>
<P>(4) We will then give you the final estimate of the processing fee amount with payment terms and instructions after considering your comments and any BOEM-approved work you will do.
</P>
<P>(i) If we encounter higher or lower processing costs than anticipated, we will re-estimate our reasonable processing costs following the procedures in paragraphs (b)(1) through (4) of this section, but we will not stop ongoing processing unless you do not pay in accordance with paragraph (b)(5) of this section.
</P>
<P>(ii) Once processing is complete, we will refund to you the amount of money that we did not spend on processing costs.
</P>
<P>(5)(i) Consistent with the payment and billing terms provided in the final estimate, we will periodically estimate what our reasonable processing costs will be for a specific period and will bill you for that period. Payment is due to us 30 days after you receive your bill. We will stop processing your document if you do not pay the bill by the date payment is due.
</P>
<P>(ii) If a periodic payment turns out to be more or less than our reasonable processing costs for the period, we will adjust the next billing accordingly or make a refund. Do not deduct any amount from a payment without our prior written approval.
</P>
<P>(6) You must pay the entire fee before we will issue the final document or take final action on your application or request.
</P>
<P>(7) You may appeal our estimated processing costs in accordance with the regulations in 43 CFR part 4. We will not process the document further until the appeal is resolved, unless you pay the fee under protest while the appeal is pending. If the appeal results in a decision changing the proposed fee, we will adjust the fee in accordance with paragraph (b)(5)(ii) of this section. If we adjust the fee downward, we will not pay interest.




</P>
</DIV8>


<DIV8 N="§ 586.113" NODE="30:2.0.3.5.14.1.345.14" TYPE="SECTION">
<HEAD>§ 586.113   Definitions.</HEAD>
<P>Terms used in this part have the meanings as defined in this section:
</P>
<P><I>Affected local government</I> means with respect to any activities proposed, conducted, or approved under this part, any locality—
</P>
<P>(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing electricity or other energy product, or is otherwise receiving, processing, refining, or transshipping product, or services derived from activities approved under this part;
</P>
<P>(2) That is used, or is proposed to be used, as a support base for activities approved under this part; or
</P>
<P>(3) In which there is a reasonable probability of significant effect on land or water uses from activities approved under this part.
</P>
<P><I>Affected State</I> means with respect to any activities proposed, conducted, or approved under this part, any coastal State—
</P>
<P>(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing energy or is otherwise receiving, processing, refining, or transshipping products, or services derived from activities approved under this part;
</P>
<P>(2) That is used, or is scheduled to be used, as a support base for activities approved under this part; or
</P>
<P>(3) In which there is a reasonable probability of significant effect on land or water uses from activities approved under this part.
</P>
<P><I>Alternate Use</I> refers to the energy- or marine-related use of an existing OCS facility for activities not otherwise authorized by this part.
</P>
<P><I>Alternate Use RUE</I> means a right-of-use and easement issued for activities authorized under this part.
</P>
<P><I>Archaeological resource</I> means any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest (<I>i.e.,</I> which are capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation).
</P>
<P><I>BOEM</I> means Bureau of Ocean Energy Management of the Department of the Interior.
</P>
<P><I>BSEE</I> means Bureau of Safety and Environmental Enforcement of the Department of the Interior.
</P>
<P><I>Decommissioning</I> means removing BOEM and BSEE approved facilities and returning the site of the grant to a condition that meets the requirements of this part.
</P>
<P><I>Director</I> means the Director of the Bureau of Ocean Energy Management (BOEM), of the Department of the Interior, or an official authorized to act on the Director's behalf.
</P>
<P><I>Facility</I> means an installation that is permanently or temporarily attached to the seabed of the OCS. Facilities include any structures; devices; appurtenances; gathering, transmission, and distribution cables; pipelines; and permanently moored vessels. Any group of OCS installations interconnected with walkways, or any group of installations that includes a central or primary installation with one or more satellite or secondary installations, is a single facility. BOEM and BSEE may decide that the complexity of the installations justifies their classification as separate facilities.
</P>
<P><I>Governor</I> means the Governor of a State or the person or entity lawfully designated by or under State law to exercise the powers granted to a Governor.
</P>
<P><I>Grant</I> means an alternate use right-of-use and easement issued under the provisions of this part.
</P>
<P><I>Human environment</I> means the physical, social, and economic components, conditions, and factors that interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
</P>
<P><I>Lease</I> means an agreement authorizing the use of a designated portion of the OCS for activities allowed under 30 CFR part 585. The term also means the area covered by that agreement, when the context requires.
</P>
<P><I>Lessee</I> means the holder of a lease, a BOEM-approved assignee, and, when describing the conduct required of parties engaged in activities on the lease, it also refers to the operator and all persons authorized by the holder of the lease or operator to conduct activities on the lease.
</P>
<P><I>Income,</I> unless clearly specified to the contrary, refers to the money received by the project owner or holder of the lease or grant issued under this part. The term does not mean that project receipts exceed project expenses.
</P>
<P><I>Marine environment</I> means the physical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the marine ecosystem. These include the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the OCS.
</P>
<P><I>Natural resources</I> include, without limiting the generality thereof, renewable energy, oil, gas, and all other minerals (as defined in section 2(q) of the OCS Lands Act), and marine animal and marine plant life.
</P>
<P><I>Operator</I> means the individual, corporation, or association having control or management of activities on the grant under this part. The operator may be a grant holder or a contractor designated by the holder of a grant under this part.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), whose subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Person</I> means, in addition to a natural person, an association (including partnerships and joint ventures); a Federal agency; a State; a political subdivision of a State; a Native American Tribal government; or a private, public, or municipal corporation.
</P>
<P><I>Project,</I> for the purposes of defining the source of revenues to be shared, means an Alternate Use RUE on which the activities authorized under this part are conducted on the OCS. The term “project” may be used elsewhere in this rule to refer to these same authorized activities, the facilities used to conduct these activities, or to the geographic area of the project, <I>i.e.,</I> the project area.
</P>
<P><I>Project area</I> means the geographic surface leased, or granted, for the purpose of a specific project. If OCS acreage is granted for a project under some form of agreement other than a lease (<I>i.e.,</I> a ROW, or RUE, or Alternate Use RUE issued under this part or 30 CFR part 585), the Federal acreage granted would be considered the project area.
</P>
<P><I>Renewable Energy</I> means energy resources other than oil and gas and minerals as defined in 30 CFR part 580. Such resources include, but are not limited to, wind, solar, and ocean waves, tides, and current.
</P>
<P><I>Revenues</I> mean bonuses, rents, operating fees, and similar payments made in connection with a project. It does not include administrative fees such as those assessed for cost recovery, civil penalties, and forfeiture of financial assurance.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
</P>
<P><I>Significant archaeological resource</I> means an archaeological resource that meets the criteria of significance for eligibility for listing in the National Register of Historic Places, as defined in 36 CFR 60.4 or its successor.
</P>
<P><I>We, us,</I> and <I>our</I> refer to the Bureau of Ocean Energy Management of the Department of the Interior, or its possessive, depending on the context.
</P>
<P><I>You</I> and <I>your</I> means an applicant, the operator or designated operator of an Alternate Use RUE, or an Alternate Use RUE grant holder under this part, or the designated agent of any of these, or the possessive of each, depending on the context. The terms <I>you</I> and <I>your</I> also include contractors and subcontractors of the entities specified in the preceding sentence.




</P>
</DIV8>


<DIV8 N="§ 586.114" NODE="30:2.0.3.5.14.1.345.15" TYPE="SECTION">
<HEAD>§ 586.114   How will data and information obtained by BOEM under this part be disclosed to the public?</HEAD>
<P>(a) BOEM will make data and information available in accordance with the requirements and subject to the limitations of the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the regulations contained in 43 CFR part 2.
</P>
<P>(b) BOEM will not release such data and information that we have determined is exempt from disclosure under exemption 4 of FOIA. We will review such data and information and objections of the submitter to determine whether release at that time will result in substantial competitive harm or disclosure of trade secrets.
</P>
<P>(c) After considering any objections from the submitter, if we determine that release of such data and information will result in:
</P>
<P>(1) No substantial competitive harm or disclosure of trade secrets, then the data and information will be released.
</P>
<P>(2) Substantial competitive harm or disclosure of trade secrets, then the data and information will not be released at that time but will be subject to further review every 3 years thereafter.




</P>
</DIV8>


<DIV8 N="§ 586.115" NODE="30:2.0.3.5.14.1.345.16" TYPE="SECTION">
<HEAD>§ 586.115   Paperwork Reduction Act statements—information collection.</HEAD>
<P>(a) The Office of Management and Budget (OMB) has approved the information collection requirements in this part under 44 U.S.C. 3501, <I>et seq.,</I> and assigned OMB Control Number 1010-0176. The table in paragraph (e) of this section lists the subparts in the rule requiring the information and its title, summarizes the reasons for collecting the information, and summarizes how BOEM uses the information.
</P>
<P>(b) Respondents are primarily Alternate Use RUE grant holders and operators. The requirement to respond to the information collection in this part is mandated under subsection 8(p) of the OCS Lands Act. Some responses are also required to obtain or retain a benefit, or may be voluntary.
</P>
<P>(c) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 <I>et seq.</I>) requires us to inform the public that an agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<P>(d) Comments regarding any aspect of the collections of information under this part, including suggestions for reducing the burden, should be sent to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.
</P>
<P>(e) BOEM is collecting this information for the reasons given in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">30 CFR 586 subpart and title
</TH><TH class="gpotbl_colhed" scope="col">Reasons for collecting information and how used
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Subpart A—General Provisions</TD><TD align="left" class="gpotbl_cell">To inform BOEM of actions taken to comply with general operational requirements on the OCS. To ensure that operations on the OCS meet statutory and regulatory requirements, are safe and protect the environment, and result in diligent development on OCS leases.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Subpart B—Issuance of Alternate Use RUEs for Energy- and Marine-Related Activities Using Existing OCS Facilities</TD><TD align="left" class="gpotbl_cell">To enable BOEM to review information regarding the design, installation, and operation of Alternate Use RUEs on the OCS, to ensure that Alternate Use RUE operations are safe and protect the human, marine, and coastal environment. To ensure adherence with other Federal laws, these regulations, the Alternate Use RUE grant, and, where applicable, the approved plan.</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§§ 586.116-586.117" NODE="30:2.0.3.5.14.1.345.17" TYPE="SECTION">
<HEAD>§§ 586.116-586.117   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 586.118" NODE="30:2.0.3.5.14.1.345.18" TYPE="SECTION">
<HEAD>§ 586.118   What are my appeal rights?</HEAD>
<P>(a) Any party adversely affected by a BOEM official's final decision or order issued under the regulations of this part may appeal that decision or order to the Interior Board of Land Appeals. The appeal must conform with the procedures found in part 590 of this chapter and in 43 CFR part 4, subpart E. Appeal of a final decision for bid acceptance is covered under paragraph (c) of this section.
</P>
<P>(b) A decision will remain in full force and effect during the period in which an appeal may be filed and during an appeal, unless a stay is granted pursuant to 43 CFR part 4.
</P>
<P>(c) Our decision on a bid is the final action of the Department, except that an unsuccessful bidder may apply for reconsideration by the Director.
</P>
<P>(1) A bidder whose bid we reject may file a written request for reconsideration with the Director within 15 days of the date of the receipt of the notice of rejection, accompanied by a statement of reasons, with one copy to us. The Director will respond in writing either affirming or reversing the decision.
</P>
<P>(2) The delegation of review authority given to the Office of Hearings and Appeals does not apply to decisions on high bids for leases or grants under this part.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.5.14.2" TYPE="SUBPART">
<HEAD>Subpart B—Issuance of Alternate Use RUEs for Energy- and Marine-Related Activities Using Existing OCS Facilities</HEAD>


<DIV7 N="345" NODE="30:2.0.3.5.14.2.345" TYPE="SUBJGRP">
<HEAD>Requesting an Alternate Use RUE</HEAD>


<DIV8 N="§ 586.200" NODE="30:2.0.3.5.14.2.345.1" TYPE="SECTION">
<HEAD>§ 586.200   What must I do before I request an Alternate Use RUE?</HEAD>
<P>If you are not the owner of the existing facility on the OCS and the lessee of the area in which the facility is located, you must contact the lessee and owner of the facility and reach a preliminary agreement as to the proposed activity for the use of the existing facility.




</P>
</DIV8>


<DIV8 N="§ 586.201" NODE="30:2.0.3.5.14.2.345.2" TYPE="SECTION">
<HEAD>§ 586.201   How do I request an Alternate Use RUE?</HEAD>
<P>To request an Alternate Use RUE, you must submit to BOEM all of the following:
</P>
<P>(a) The name, address, email address, and phone number of an authorized representative.
</P>
<P>(b) A summary of the proposed activities for the use of an existing OCS facility, including:
</P>
<P>(1) The type of activities that would involve the use of the existing OCS facility;
</P>
<P>(2) A description of the existing OCS facility, including a map providing its location on the lease block;
</P>
<P>(3) The names of the owner of the existing OCS facility, the operator, the lessee, and any owner of operating rights on the lease at which the facility is located;
</P>
<P>(4) A description of additional structures or equipment that will be required to be located on or in the vicinity of the existing OCS facility in connection with the proposed activities;
</P>
<P>(5) A statement indicating whether any of the proposed activities are intended to occur before existing activities on the OCS facility have ceased; and
</P>
<P>(6) A statement describing how existing activities at the OCS facility will be affected if proposed activities are to occur at the same time as existing activities at the OCS facility.
</P>
<P>(c) A statement affirming that the proposed activities sought to be approved under this subpart are not otherwise authorized by other provisions in this subchapter or any other Federal law.
</P>
<P>(d) Evidence that you meet the requirements of § 586.107, as required by § 586.108.
</P>
<P>(e) The signatures of the applicant, the owner of the existing OCS facility, and the lessee of the area in which the existing facility is located.




</P>
</DIV8>


<DIV8 N="§ 586.202" NODE="30:2.0.3.5.14.2.345.3" TYPE="SECTION">
<HEAD>§ 586.202   How will BOEM decide whether to issue an Alternate Use RUE?</HEAD>
<P>(a) We will consider requests for an Alternate Use RUE on a case-by-case basis. In considering such requests, we will consult with relevant Federal agencies and evaluate whether the proposed activities involving the use of an existing OCS facility can be conducted in a manner that:
</P>
<P>(1) Ensures safety and minimizes adverse effects to the coastal and marine environments, including their physical, atmospheric, and biological components, to the extent practicable;
</P>
<P>(2) Does not inhibit or restrain orderly development of OCS mineral or energy resources;
</P>
<P>(3) Avoids serious harm or damage to, or waste of, any natural resource (including OCS mineral deposits and oil, gas, and sulfur resources in areas leased or not leased), any life (including fish and other aquatic life), or property (including sites, structures, or objects of historical or archaeological significance);
</P>
<P>(4) Is otherwise consistent with subsection 8(p) of the OCS Lands Act; and
</P>
<P>(5) DOI can effectively regulate.
</P>
<P>(b) Based on the evaluation that we perform under paragraph (a) of this section, BOEM may authorize, reject, or authorize with modifications or stipulations, the proposed activity.




</P>
</DIV8>


<DIV8 N="§ 586.203" NODE="30:2.0.3.5.14.2.345.4" TYPE="SECTION">
<HEAD>§ 586.203   What process will BOEM use for competitively offering an Alternate Use RUE?</HEAD>
<P>(a) An Alternate Use RUE must be issued on a competitive basis unless BOEM determines, after public notice of the proposed Alternate Use RUE, that there is no competitive interest.
</P>
<P>(b) We will issue a public notice in the <E T="04">Federal Register</E> to determine if there is competitive interest in using the proposed facility for alternate use activities. BOEM will specify a time period for members of the public to express competitive interest.
</P>
<P>(c) If we receive indications of competitive interest within the published timeframe, we will proceed with a competitive offering. As part of such competitive offering, each competing applicant must submit a description of the types of activities proposed for the existing facility, as well as satisfactory evidence that the competing applicant qualifies to hold a grant on the OCS, as required in §§ 586.107 and 586.108, by a date we specify. We may request additional information from competing applicants, as necessary, to adequately evaluate the competing proposals.
</P>
<P>(d) We will evaluate all competing proposals to determine whether:
</P>
<P>(1) The proposed activities are compatible with existing activities at the facility; and
</P>
<P>(2) BOEM and BSEE have the expertise and resources available to regulate the activities effectively.
</P>
<P>(e) We will evaluate all proposals under the requirements of NEPA, CZMA, and other applicable laws.
</P>
<P>(f) Following our evaluation, we will select one or more acceptable proposals for activities involving the alternate use of an existing OCS facility, notify the competing applicants, and submit each acceptable proposal to the lessee and owner of the existing OCS facility. If the lessee and owner of the facility agree to accept a proposal, we will proceed to issue an Alternate Use RUE. If the lessee and owner of the facility are unwilling to accept any of the proposals that we deem acceptable, we will not issue an Alternate Use RUE.




</P>
</DIV8>


<DIV8 N="§§ 586.204-586.209" NODE="30:2.0.3.5.14.2.345.5" TYPE="SECTION">
<HEAD>§§ 586.204-586.209   [Reserved]</HEAD>
</DIV8>

</DIV7>


<DIV7 N="346" NODE="30:2.0.3.5.14.2.346" TYPE="SUBJGRP">
<HEAD>Alternate Use RUE Administration</HEAD>


<DIV8 N="§ 586.210" NODE="30:2.0.3.5.14.2.346.6" TYPE="SECTION">
<HEAD>§ 586.210   How long may I conduct activities under an Alternate Use RUE?</HEAD>
<P>(a) We will establish on a case-by-case basis, and set forth in the Alternate Use RUE, the length of time for which you are authorized to conduct activities approved in your Alternate Use RUE instrument.
</P>
<P>(b) In establishing this term, BOEM will consider the size and scale of the proposed alternate use activities, the type of alternate use activities, and any other relevant considerations.
</P>
<P>(c) BOEM may authorize renewal of Alternate Use RUEs at its discretion.




</P>
</DIV8>


<DIV8 N="§ 586.211" NODE="30:2.0.3.5.14.2.346.7" TYPE="SECTION">
<HEAD>§ 586.211   What payments are required for an Alternate Use RUE?</HEAD>
<P>We will establish rental or other payments for an Alternate Use RUE on a case-by-case basis, as set forth in the Alternate Use RUE grant, depending on our assessment of the following factors:
</P>
<P>(a) The effect on the original OCS Lands Act approved activity;
</P>
<P>(b) The size and scale of the proposed alternate use activities;
</P>
<P>(c) The income, if any, expected to be generated from the proposed alternate use activities; and
</P>
<P>(d) The type of alternate use activities.




</P>
</DIV8>


<DIV8 N="§ 586.212" NODE="30:2.0.3.5.14.2.346.8" TYPE="SECTION">
<HEAD>§ 586.212   What financial assurance is required for an Alternate Use RUE?</HEAD>
<P>(a) The holder of an Alternate Use RUE will be required to secure financial assurances in an amount determined by BOEM that is sufficient to cover all obligations under the Alternate Use RUE, including decommissioning obligations, and must retain such financial assurance amounts until all obligations have been fulfilled, as determined by BOEM.
</P>
<P>(b) We may revise financial assurance amounts, as necessary, to ensure that there is sufficient financial assurance to secure all obligations under the Alternate Use RUE.
</P>
<P>(c) We may reduce the amount of the financial assurance that you must retain if it is not necessary to cover existing obligations under the Alternate Use RUE.




</P>
</DIV8>


<DIV8 N="§ 586.213" NODE="30:2.0.3.5.14.2.346.9" TYPE="SECTION">
<HEAD>§ 586.213   Is an Alternate Use RUE assignable?</HEAD>
<P>(a) BOEM may authorize assignment of an Alternate Use RUE.
</P>
<P>(b) To request assignment of an Alternate Use RUE, you must submit a written request for assignment that includes the following information:
</P>
<P>(1) BOEM-assigned Alternate Use RUE number;
</P>
<P>(2) The names of both the assignor and the assignee, if applicable;
</P>
<P>(3) The names and telephone numbers of the contacts for both the assignor and the assignee;
</P>
<P>(4) The names, titles, and signatures of the authorizing officials for both the assignor and the assignee;
</P>
<P>(5) A statement affirming that the owner of the existing OCS facility and lessee of the lease in which the facility is located approve of the proposed assignment and assignee;
</P>
<P>(6) A statement that the assignee agrees to comply with and to be bound by the terms and conditions of the Alternate Use RUE;
</P>
<P>(7) Evidence required by § 586.108 that the assignee satisfies the requirements of § 586.107; and
</P>
<P>(8) A statement on how the assignee will comply with the financial assurance requirements set forth in the Alternate Use RUE.
</P>
<P>(c) The assignment takes effect on the date we approve your request.
</P>
<P>(d) The assignor is liable for all obligations that accrue under an Alternate Use RUE before the date we approve your assignment request. An assignment approval by BOEM does not relieve the assignor of liability for accrued obligations that the assignee, or a subsequent assignee, fails to perform.
</P>
<P>(e) The assignee and each subsequent assignee are liable for all obligations that accrue under an Alternate Use RUE after the date we approve the assignment request.




</P>
</DIV8>


<DIV8 N="§ 586.214" NODE="30:2.0.3.5.14.2.346.10" TYPE="SECTION">
<HEAD>§ 586.214   When will BOEM suspend an Alternate Use RUE?</HEAD>
<P>(a) BOEM may suspend an Alternate Use RUE if:
</P>
<P>(1) necessary to comply with judicial decrees; or
</P>
<P>(2) necessary for reasons of national security or defense.
</P>
<P>(b) A suspension will extend the term of your Alternate Use RUE grant for the period of the suspension.




</P>
</DIV8>


<DIV8 N="§ 586.215" NODE="30:2.0.3.5.14.2.346.11" TYPE="SECTION">
<HEAD>§ 586.215   How do I relinquish an Alternate Use RUE?</HEAD>
<P>(a) You may voluntarily surrender an Alternate Use RUE by submitting a written request to us that includes the following:
</P>
<P>(1) The name, address, email address, and phone number of an authorized representative;
</P>
<P>(2) The reason you are requesting relinquishment of the Alternate Use RUE;
</P>
<P>(3) BOEM-assigned Alternate Use RUE number;
</P>
<P>(4) The name of the associated OCS facility, its owner, and the lessee for the lease in which the OCS facility is located;
</P>
<P>(5) The name, title, and signature of your authorizing official (which must match exactly the name, title, and signature in the BOEM qualification records); and
</P>
<P>(6) A statement that you will adhere to the decommissioning requirements in the Alternate Use RUE.
</P>
<P>(b) We will not approve your relinquishment request until you have paid all outstanding rentals (or other payments) and fines.
</P>
<P>(c) The relinquishment takes effect on the date we approve your request.




</P>
</DIV8>


<DIV8 N="§ 586.216" NODE="30:2.0.3.5.14.2.346.12" TYPE="SECTION">
<HEAD>§ 586.216   When will an Alternate Use RUE be cancelled?</HEAD>
<P>The Secretary may cancel an Alternate Use RUE if it is determined, after notice and opportunity to be heard:
</P>
<P>(a) You no longer qualify to hold an Alternate Use RUE;
</P>
<P>(b) You failed to provide any additional financial assurance required by BOEM, replace or provide additional coverage for a de-valued bond, or replace a lapsed or forfeited bond within the prescribed time period;
</P>
<P>(c) Continued activity under the Alternate Use RUE is likely to cause serious harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
</P>
<P>(d) Continued activity under the Alternate Use RUE is determined to be adversely impacting the original OCS Lands Act approved activities on the existing OCS facility;
</P>
<P>(e) You failed to comply with any of the terms and conditions of your approved Alternate Use RUE or your approved plan; or
</P>
<P>(f) You otherwise failed to comply with applicable laws or regulations.




</P>
</DIV8>


<DIV8 N="§ 586.217" NODE="30:2.0.3.5.14.2.346.13" TYPE="SECTION">
<HEAD>§ 586.217   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 586.218" NODE="30:2.0.3.5.14.2.346.14" TYPE="SECTION">
<HEAD>§ 586.218   Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE?</HEAD>
<P>(a) The holder of an Alternate Use RUE is responsible for all decommissioning obligations that accrue following the issuance of the Alternate Use RUE and which pertain to the Alternate Use RUE.
</P>
<P>(b) The lessee under the lease originally issued under 30 CFR chapter V will remain responsible for decommissioning obligations that accrued before issuance of the Alternate Use RUE, as well as for decommissioning obligations that accrue following issuance of the Alternate Use RUE to the extent associated with continued activities authorized under other parts of this title.




</P>
</DIV8>


<DIV8 N="§ 586.219" NODE="30:2.0.3.5.14.2.346.15" TYPE="SECTION">
<HEAD>§ 586.219   What are decommissioning requirements for an Alternate Use RUE?</HEAD>
<P>(a) Decommissioning requirements will be determined by BOEM and BSEE on a case-by-case basis and will be included in the terms of the Alternate Use RUE.
</P>
<P>(b) Decommissioning activities must be completed within 1 year of termination of the Alternate Use RUE.
</P>
<P>(c) If you fail to satisfy all decommissioning requirements within the prescribed time period, BOEM will call for the forfeiture of your bond or other financial guarantee, and you will remain liable for all accidents or damages that might result from such failure.






</P>
</DIV8>

</DIV7>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="C" NODE="30:2.0.3.6" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER C—APPEALS


</HEAD>

<DIV5 N="590" NODE="30:2.0.3.6.15" TYPE="PART">
<HEAD>PART 590—APPEAL PROCEDURES




</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.;</I> 31 U.S.C. 9701; 43 U.S.C. 1334.


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>76 FR 64623, Oct. 18, 2011, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:2.0.3.6.15.1" TYPE="SUBPART">
<HEAD>Subpart A—Bureau of Ocean Energy Management Appeal Procedures</HEAD>


<DIV8 N="§ 590.1" NODE="30:2.0.3.6.15.1.347.1" TYPE="SECTION">
<HEAD>§ 590.1   What is the purpose of this subpart?</HEAD>
<P>The purpose of this subpart is to explain the procedures for appeals of Bureau of Ocean Energy Management (BOEM) decisions and orders.
</P>
<CITA TYPE="N">[89 FR 31598, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 590.2" NODE="30:2.0.3.6.15.1.347.2" TYPE="SECTION">
<HEAD>§ 590.2   Who may appeal?</HEAD>
<P>If you are adversely affected by a BOEM official's final decision or order issued under chapter V of this title, you may appeal that decision or order to the Interior Board of Land Appeals (IBLA). Your appeal must conform with the procedures found in this subpart and 43 CFR part 4, subpart E. A request for reconsideration of a BOEM decision concerning a lease bid, authorized in § 556.517(b), § 581.21(a)(2), or § 585.118(c)(1) of this chapter, is not subject to the procedures found in this part.
</P>
<CITA TYPE="N">[89 FR 31598, Apr. 24, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 590.3" NODE="30:2.0.3.6.15.1.347.3" TYPE="SECTION">
<HEAD>§ 590.3   What is the time limit for filing an appeal?</HEAD>
<P>You must file your appeal within 60 days after you receive BOEM's final decision or order. The 60-day time period applies rather than the time period provided in 43 CFR 4.411(a). A decision or order is received on the date you sign a receipt confirming delivery or, if there is no receipt, the date otherwise documented.
</P>
<CITA TYPE="N">[89 FR 31598, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 590.4" NODE="30:2.0.3.6.15.1.347.4" TYPE="SECTION">
<HEAD>§ 590.4   How do I file an appeal?</HEAD>
<P>For your appeal to be filed, BOEM must receive all of the following within 60 days after you receive the decision or order:
</P>
<P>(a) A written Notice of Appeal, together with a copy of the decision or order you are appealing, in the office of the BOEM officer that issued the decision or order. You cannot extend the 60-day period for that office to receive your Notice of Appeal; and
</P>
<P>(b) A nonrefundable processing fee of $150 paid with the Notice of Appeal.
</P>
<P>(1) You must pay electronically through the <I>Fees for Services</I> page on the BOEM Web site at <I>http://www.boem.gov,</I> and you must include a copy of the <I>Pay.gov</I> confirmation receipt page with your Notice of Appeal.
</P>
<P>(2) You cannot extend the 60-day period for payment of the processing fee.
</P>
<P>(c) You may file an appeal of a BOEM supplemental financial assurance demand with the IBLA. However, if you request that the IBLA stay the demand pending a final ruling on your appeal, you must post an appeal surety bond equal to the amount of the demand that you seek to stay before any such stay is effective.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended at 79 FR 21626, Apr. 17, 2014; 89 FR 31598, Apr. 24, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 590.5" NODE="30:2.0.3.6.15.1.347.5" TYPE="SECTION">
<HEAD>§ 590.5   Can I obtain an extension for filing my Notice of Appeal?</HEAD>
<P>You cannot obtain an extension of time to file the Notice of Appeal. See 43 CFR 4.411(c).


</P>
</DIV8>


<DIV8 N="§ 590.6" NODE="30:2.0.3.6.15.1.347.6" TYPE="SECTION">
<HEAD>§ 590.6   Are informal resolutions permitted?</HEAD>
<P>(a) You may seek informal resolution with the issuing officer's next level supervisor during the 60-day period established in § 590.3.
</P>
<P>(b) Nothing in this subpart precludes resolution by settlement of any appeal or matter pending in the administrative process after the 60-day period established in § 590.3.


</P>
</DIV8>


<DIV8 N="§ 590.7" NODE="30:2.0.3.6.15.1.347.7" TYPE="SECTION">
<HEAD>§ 590.7   Do I have to comply with the decision or order while my appeal is pending?</HEAD>
<P>(a) The decision or order is effective during the 60-day period for filing an appeal under § 590.3 unless:
</P>
<P>(1) BOEM notifies you that the decision or order, or some portion of it, is suspended during this period because there is no likelihood of immediate and irreparable harm to human life, the environment, any mineral deposit, or property; or
</P>
<P>(2) You post a surety bond under 30 CFR 550.1409 pending the appeal challenging an order to pay a civil penalty.
</P>
<P>(b) This section applies rather than 43 CFR 4.21(a) for appeals of BOEM orders.
</P>
<P>(c) After you file your appeal, IBLA may grant a stay of a decision or order under 43 CFR 4.21(b); however, a decision or order remains in effect until IBLA grants your request for a stay of the decision or order under appeal.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended by 89 FR 31598, Apr. 24, 2024]






</CITA>
</DIV8>


<DIV8 N="§ 590.8" NODE="30:2.0.3.6.15.1.347.8" TYPE="SECTION">
<HEAD>§ 590.8   How do I exhaust my administrative remedies?</HEAD>
<P>(a) If you receive a decision or order issued under this chapter, you must appeal that decision or order to the IBLA under 43 CFR part 4, subpart E, to exhaust administrative remedies.
</P>
<P>(b) This section does not apply if the Assistant Secretary for Land and Minerals Management or the IBLA makes a decision or order immediately effective notwithstanding an appeal.
</P>
<CITA TYPE="N">[76 FR 64623, Oct. 18, 2011, as amended by 89 FR 31598, Apr. 24, 2024]






</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:2.0.3.6.15.2" TYPE="SUBPART">
<HEAD>Subpart B [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="591-599" NODE="30:2.0.3.6.16" TYPE="PART">
<HEAD>PARTS 591-599 [RESERVED]


</HEAD>
</DIV5>

</DIV4>

</DIV3>

</DIV1>

</ECFRBRWS>
<ECFRBRWS>
<AMDDATE>July 15, 2026
</AMDDATE>

<DIV1 N="3" NODE="30:3" TYPE="TITLE">

<HEAD>Title 30—Mineral Resources--Volume 3</HEAD>
<CFRTOC>
<PTHD>Part
</PTHD>
<CHAPTI>
<SUBJECT><E T="04">chapter vii</E>—Office of Surface Mining Reclamation and Enforcement, Department of the Interior
</SUBJECT>
<PG>700 
</PG></CHAPTI>
<CHAPTI>
<SUBJECT><E T="04">chapter xii</E>—Office of Natural Resources Revenue, Department of the Interior
</SUBJECT>
<PG>1201


</PG></CHAPTI></CFRTOC>

<DIV3 N="VII" NODE="30:3.0.1" TYPE="CHAPTER">

<HEAD> CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR</HEAD>

<DIV4 N="A" NODE="30:3.0.1.1" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER A—GENERAL 
</HEAD>
<P> 
</P>

<DIV5 N="700" NODE="30:3.0.1.1.1" TYPE="PART">
<HEAD>PART 700—GENERAL
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15313, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54924, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 700 made effective on Jan. 19, 2017, at 81 FR 93319, Dec. 20, 2016. </PSPACE></EDNOTE>

<DIV8 N="§ 700.1" NODE="30:3.0.1.1.1.0.1.1" TYPE="SECTION">
<HEAD>§ 700.1   Scope.</HEAD>
<P>The regulations in chapter VII of 30 CFR, consisting of parts 700 through 899, establish the procedures through which the Secretary of the Interior will implement the Surface Mining Control and Reclamation Act of 1977 (Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201 <I>et. seq.</I>)). Chapter VII is divided into 13 subchapters.
</P>
<P>(a) Subchapter A contains introductory information intended to serve as a guide to the rest of the chapter and to the regulatory requirements and definitions generally applicable to the programs and persons covered by the Act.
</P>
<P>(b) Subchapter B contains regulations covering the initial regulatory program which apply before the applicability of permanent program regulations to persons conducting surface coal mining and reclamation operations and other persons covered by the Act.
</P>
<P>(c) Subchapter C sets forth regulations covering applications for and decisions on permanent State programs; the process to be followed for substituting a Federal program for an approved State program, if necessary; the process for assuming temporary Federal enforcement of an approved State program; and the process for implementing a Federal program in a State when required by the Act.
</P>
<P>(d) Subchapter D of this chapter identifies the procedures that apply to surface coal mining and reclamation operations conducted on Federal lands rather than State or private lands and incorporates by reference the requirements of the applicable regulatory program and the inspection and enforcement requirements of subchapter L of this chapter.
</P>
<P>(e) Subchapter E of this chapter contains regulations that apply to surface coal mining and reclamation operations conducted on Indian lands.
</P>
<P>(f)(1) Subchapter F implements the requirements of the Act for—
</P>
<P>(i) Designating lands which are unsuitable for all or certain types of surface coal mining operations;
</P>
<P>(ii) Terminating designations no longer found to be appropriate; and
</P>
<P>(iii) Prohibiting surface coal mining and reclamation operations on those lands or areas where the Act states that surface coal mining operations should not be permitted or should be permitted only after specified determinations are made.
</P>
<P>(2) Subchapter F does not include regulations governing designation of areas unsuitable for noncoal mining under the terms of section 601 of the Act or the designation of Federal lands under the Federal lands review provisions of section 522(b) of the Act. The Bureau of Land Management of the Department of the Interior is responsible for these provisions which will be implemented when promulgated by regulations in title 43 of the Code of Federal Regulations.
</P>
<P>(g) Subchapter G governs applications for and decisions on permits for surface coal mining and reclamation operations on non-Indian and non-Federal lands under a State or Federal program. It also governs coal exploration and permit application and decisions on permits for special categories of coal mining on non-Indian and non-Federal lands under a State or Federal program. Regulations implementing the experimental practices provision of the Act are also included in subchapter G.
</P>
<P>(h) Subchapter J sets forth requirements for performance bonds and public liability insurance for both surface mining and underground mining activities.
</P>
<P>(i) Subchapter K sets forth the environmental and other performance standards which apply to coal exploration and to surface coal mining and reclamation operations during the permanent regulatory program. The regulations establish the minimum requirements for operations under State and Federal programs. Performance standards applicable to special mining situations such as anthracite mines, steep slope mining, alluvial valley floors, and prime farmlands are included.
</P>
<P>(j) Subchapter L sets forth the inspection, enforcement, and civil penalty provisions that apply to a State, Federal, or Federal lands program.
</P>
<P>(k) Subchapter M sets forth the requirements for the training, examination, and certification of blasters.
</P>
<P>(l) Subchapter P sets forth the provisions for protection of employees who initiate proceedings under the Act or testify in any proceedings resulting from the administration or enforcement of the Act.
</P>
<P>(m) Subchapter R sets forth the regulations for the abandoned mine land reclamation program. These regulations include the fee collection requirements and the mechanisms for implementing the State and Federal portions of the abandoned mine land reclamation program.
</P>
<CITA TYPE="N">[44 FR 15313, Mar. 13, 1979, as amended at 48 FR 6934, Feb. 16, 1983; 49 FR 38477, Sept. 28, 1984; 90 FR 52855, Nov. 24, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 700.2" NODE="30:3.0.1.1.1.0.1.2" TYPE="SECTION">
<HEAD>§ 700.2   Objective.</HEAD>
<P>The objective of chapter VII is to fulfill the purposes of the Act found in section 102 in a manner which is consistent with the language of the Act, its legislative history, other applicable laws, and judicial interpretations.


</P>
</DIV8>


<DIV8 N="§ 700.3" NODE="30:3.0.1.1.1.0.1.3" TYPE="SECTION">
<HEAD>§ 700.3   Authority.</HEAD>
<P>The Secretary is authorized to administer the requirements of the Act, except the following:
</P>
<P>(a) Provisions of the Act that authorize the Secretary of Agriculture to establish programs for the reclamation of rural lands, identification of prime agricultural lands, and other responsibilities described in the Act. Regulations promulgated by the Secretary of Agriculture are in 7 CFR;
</P>
<P>(b) Provisions of the Act for which responsibility is specifically assigned to other Federal agencies, including the Department of Labor, the Environmental Protection Agency, the Corps of Engineers, the Council on Environmental Quality, and the Department of Energy; and
</P>
<P>(c) Authority retained by the States to enforce State laws or regulations which are not inconsistent with the Act and this chapter, including the authority to enforce more stringent land use and environmental controls and regulations.


</P>
</DIV8>


<DIV8 N="§ 700.4" NODE="30:3.0.1.1.1.0.1.4" TYPE="SECTION">
<HEAD>§ 700.4   Responsibility.</HEAD>
<P>(a) The Director of the Office of Surface Mining Reclamation and Enforcement, under the general direction of the Assistant Secretary, Energy and Minerals, is responsible for exercising the authority of the Secretary, except for the following:
</P>
<P>(1) Approval, disapproval or withdrawal of approval of a State program and implementation of a Federal program. The Director is responsible for exercising the authority of the Secretary to substitute Federal enforcement of a State program under section 521(b) of the Act.
</P>
<P>(2) Designation of non-Federal lands or Federal lands without the concurrence of the Federal surface managing agency as unsuitable for all or certain types of surface coal mining operations under section 522 of the Act and as unsuitable for non-coal mining under section 601 of the Act; and
</P>
<P>(3) Authority to approve or disapprove mining plans to conduct surface coal mining and reclamation operations on Federal lands.
</P>
<P>(b) The Director is responsible for consulting with Federal land-managing agencies and Federal agencies with responsibility for natural and historic resources on Federal lands on actions which may have an effect on their responsibilities.
</P>
<P>(c) The States are responsible for the regulation of surface coal mining and reclamation operations under the initial regulatory program and surface coal mining and reclamation operations and coal exploration under an approved State program and the reclamation of abandoned mine lands under an approved State Reclamation Plan on non-Federal and non-Indian lands in accordance with procedures in this chapter.
</P>
<P>(d) The Secretary may delegate to a State through a cooperative agreement certain authority relating to the regulation of surface coal mining and reclamation operations on Federal lands in accordance with 30 CFR part 745.
</P>
<P>(e) The Director, Office of Hearings and Appeals, U.S. Department of the Interior, is responsible for the administration of administrative hearings and appeals required or authorized by the Act pursuant to the regulations in 43 CFR part 4.
</P>
<CITA TYPE="N">[44 FR 15313, Mar. 13, 1979; 44 FR 49684, Aug. 24, 1979]


</CITA>
</DIV8>


<DIV8 N="§ 700.5" NODE="30:3.0.1.1.1.0.1.5" TYPE="SECTION">
<HEAD>§ 700.5   Definitions.</HEAD>
<P>As used throughout this chapter, the following terms have the specified meaning except where otherwise indicated—
</P>
<P><I>Act</I> means the Surface Mining Control and Reclamation Act of 1977 (Pub. L. 95-87).
</P>
<P><I>AML</I> means abandoned mine land(s).
</P>
<P><I>AML inventory</I> means OSM's listing of abandoned mine land problems eligible to be reclaimed using moneys from the Abandoned Mine Reclamation Fund or the Treasury as appropriate.
</P>
<P><I>Anthracite</I> means coal classified as anthracite in ASTM Standard D 388-77. Coal classifications are published by the American Society of Testing and Materials under the title, <I>Standard Specification for Classification of Coals by Rank,</I> ASTM D 388-77, on pages 220 through 224. Table 1 which classifies the coals by rank is presented on page 223. This publication is hereby incorporated by reference as it exists on the date of adoption of these regulations. Notices of changes made to this publication will be periodically published by the Office of Surface Mining in the <E T="04">Federal Register.</E> This ASTM Standard is on file and available for inspection at the OSM Office, U.S. Department of the Interior, South Interior Building, Washington, DC 20240, at each OSM Regional Office, District Office and Field Office, and at the central office of the applicable State Regulatory Authority, if any. Copies of this publication may also be obtained by writing to the above locations. A copy of this publication will also be on file for public inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> Incorporation by reference provisions approved by the Director of the Federal Register February 7, 1979. The Director's approval of this incorporation by reference expires on July 1, 1981.
</P>
<P><I>Coal</I> means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM Standard D 388-77, referred to and incorporated by reference in the definition of <I>Anthracite</I> immediately above.
</P>
<P><I>Department</I> means the Department of the Interior.
</P>
<P><I>Director</I> means the Director, Office of Surface Mining Reclamation and Enforcement, or the Director's representative.
</P>
<P><I>Eligible lands and water</I> means lands and water eligible for expenditures under title IV of SMCRA and this chapter. Eligible lands and water for reclamation or drainage abatement expenditures under the Abandoned Mine Land program contained in this chapter are those which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and left or abandoned in either an unreclaimed or inadequately reclaimed condition prior to August 3, 1977, and for which there is no continuing reclamation responsibility. However, lands and water damaged by coal mining operations after that date and on or before November 5, 1990, may also be eligible for reclamation if they meet the requirements specified in § 874.12(d) and (e) of this chapter. Following certification of the completion of all known coal problems, eligible lands and water for noncoal reclamation purposes are those sites that meet the eligibility requirements specified in § 875.14 of this chapter. For additional eligibility requirements for water projects, see § 874.14 of this chapter, and for lands affected by remining operations, see section 404 of SMCRA.
</P>
<P><I>Emergency</I> means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety, or general welfare of people before the danger can be abated under normal program operation procedures.
</P>
<P><I>Expended</I> means that moneys have been obligated, encumbered, or committed by contract by the State, Tribe, or us for work to be accomplished or services to be rendered.
</P>
<P><I>Extreme danger</I> means a condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.
</P>
<P><I>Federal lands</I> means any land, including mineral interests, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands. However, lands or mineral interests east of the 100th meridian west longitude owned by the United States and entrusted to or managed by the Tennessee Valley Authority are not subject to sections 714 (surface owner protection) and 715 (Federal lessee protection) of the Act.
</P>
<P><I>Federal lands program</I> means a program established by the Secretary pursuant to section 523 of the Act to regulate surface coal mining and reclamation operations on Federal lands.
</P>
<P><I>Fund</I> means the Abandoned Mine Reclamation Fund established on the books of the U.S. Treasury for the purpose of accumulating revenues designated for reclamation of abandoned mine lands and other activities authorized by section 401 of SMCRA.
</P>
<P><I>Indian lands</I> means all lands, including mineral interests, within the exterior boundaries of any Federal Indian reservation, notwithstanding the issuance of any patent, and including rights-of-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe.
</P>
<P><I>Indian tribe</I> means any Indian tribe, band, group, or community having a governing body recognized by the Secretary.
</P>
<P><I>Office</I> means the Office of Surface Mining Reclamation and Enforcement established under title II of the Act.
</P>
<P><I>Left or abandoned in either an unreclaimed or inadequately reclaimed condition</I> means, for Abandoned Mine Land programs, lands and water:
</P>
<P>(1) Which were mined or which were affected by such mining, wastebanks, processing or other mining processes prior to August 3, 1977, or between August 3, 1977, and November 5, 1990, as authorized pursuant to section 402(g)(4) of SMCRA, and on which all mining has ceased;
</P>
<P>(2) Which continue, in their present condition, to degrade substantially the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health and safety of the public; and
</P>
<P>(3) For which there is no continuing reclamation responsibility under State or Federal laws, except as provided in sections 402(g)(4) and 403(b)(2) of SMCRA.
</P>
<P><I>OSM</I> and <I>OSMRE</I> mean the Office of Surface Mining Reclamation and Enforcement established under title II of the Act.
</P>
<P><I>Person</I> means an individual, Indian tribe when conducting surface coal mining and reclamation operations on non-Indian lands, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative or other business organization and any agency, unit, or instrumentality of Federal, State or local government including any publicly owned utility or publicly owned corporation of Federal State or local government.
</P>
<P><I>Person having an interest which is or may be adversely affected</I> or <I>person with a valid legal interest</I> shall include any person—
</P>
<P>(a) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Secretary or the State regulatory authority; or
</P>
<P>(b) Whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Secretary or the State regulatory authority.
</P>
<P><I>Project</I> means a delineated area containing one or more abandoned mine land problems. A project may be a group of related reclamation activities with a common objective within a political subdivision of a State or within a logical, geographically defined area, such as a watershed, conservation district, or county planning area.
</P>
<P><I>Public office</I> means a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours.
</P>
<P><I>Reclamation activity</I> means the reclamation, abatement, control, or prevention of adverse effects of past mining by an Abandoned Mine Land program.
</P>
<P><I>Reclamation program</I> means a program established by a State or an Indian tribe in accordance with Title IV of SMCRA for reclamation of lands and water adversely affected by past mining, including the reclamation plan and annual applications for grants under the plan.
</P>
<P><I>Regional Director</I> means a Regional Director of the Office or a Regional Director's representative.
</P>
<P><I>Regulatory authority</I> means the department or agency in each State which has primary responsibility at the State level for administering the Act in the initial program, or the State regulatory authority where the State is administering the Act under a State regulatory program, or the Secretary in the initial or permanent program where the Secretary is administering the Act, or the Secretary when administering a Federal program or Federal lands program or when enforcing a State program pursuant to section 521(b) of the Act.
</P>
<P><I>Regulatory program</I> means any approved State or Federal program or, in a State with no approved State or Federal program and coal exploration and surface coal mining and reclamation operations are on Federal lands, the requirements of subchapters A, F, G, J, K, L, M, and P of this chapter.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or the Secretary's representative.
</P>
<P><I>SMCRA</I> means the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 <I>et seq.,</I> as amended.
</P>
<P><I>State regulatory authority</I> means the department or agency in each State which has primary responsibility at the State level for administering the initial or permanent State regulatory program.
</P>
<P><I>Surface coal mining operations</I> mean—
</P>
<P>(a) Activities conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of section 516 of the Act, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. Such activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountain top removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. Such activities also include the loading of coal for interstate commerce at or near the mine site. <I>Provided,</I> these activities do not include the extraction of coal incidental to the extraction of other minerals, where coal does not exceed 16
<FR>2/3</FR> percent of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to section 512 of the Act; and, <I>Provided further,</I> that excavation for the purpose of obtaining coal includes extraction of coal from coal refuse piles; and
</P>
<P>(b) The areas upon which the activities described in paragraph (a) of this definition occur or where such activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of those activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or material on the surface, resulting from or incident to those activities.
</P>
<P><I>Surface coal mining and reclamation operations</I> means surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. This term includes the term surface coal mining operations.
</P>
<P><I>Ton</I> means 2000 pounds avoirdupois (.90718 metric ton).
</P>
<CITA TYPE="N">[44 FR 15313, Mar. 13, 1979; 44 FR 49684, Aug. 24, 1979, as amended at 45 FR 54753, Aug. 18, 1980; 48 FR 6934, Feb. 16, 1983; 48 FR 20400, May 5, 1983; 50 FR 28189, July 10, 1985; 52 FR 17729, May 11, 1987; 52 FR 39407, Oct. 21, 1987; 73 FR 67629, Nov. 14, 2008; 80 FR 6446, Feb. 5, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 700.10" NODE="30:3.0.1.1.1.0.1.6" TYPE="SECTION">
<HEAD>§ 700.10   Information collection.</HEAD>
<P>The collection of information, and recordkeeping requirements, contained in 30 CFR 700.11(d), 700.12(b) and 700.13 has approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0094. The information collected in § 700.11(d) is used by OSMRE and States to establish standards for determining when a mine site is no longer a surface coal mining and reclamation operation and thereby when regulatory jurisdiction may end. The information collection under § 700.12(b) is used by OSMRE to consider need, costs, and benefits of a proposed regulatory change in order to grant or deny a petition that has been submitted. Information collected in § 700.13 identifies the person and nature of a citizen's suit, so that OSMRE or a state can respond appropriately.
</P>
<CITA TYPE="N">[53 FR 44363, Nov. 2, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 700.11" NODE="30:3.0.1.1.1.0.1.7" TYPE="SECTION">
<HEAD>§ 700.11   Applicability.</HEAD>
<P>(a) This chapter applies to all coal exploration and surface coal mining and reclamation operations except:
</P>
<P>(b) The regulatory authority may on its own initiative and shall, within a reasonable time of a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under this section. The regulatory authority shall give reasonable notice of the request to interested persons. Prior to the time a determination is made, any person may submit, and the regulatory authority shall consider, any written information relevant to the determination. A person requesting that an operation be declared exempt shall have the burden of establishing the exemption. If a written determination of exemption is reversed through subsequent administrative or judicial action, any person who, in good faith, has made a complete and accurate request for an exemption and relied upon the determination, shall not be cited for violations which occurred prior to the date of the reversal.
</P>
<P>(c)(1) A regulatory authority may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when:
</P>
<P>(i) The regulatory authority determines in writing that under the initial program, all requirements imposed under subchapter B of this chapter have been successfully completed; or
</P>
<P>(ii) The regulatory authority determines in writing that under the permanent program, all requirements imposed under the applicable regulatory program have been successfully completed or, where a performance bond was required, the regulatory authority has made a final decision in accordance with the State or Federal program counterpart to part 800 of this chapter to release the performance bond fully.
</P>
<P>(2) Following a termination under paragraph (d)(1) of this section, the regulatory authority shall reassert jurisdiction under the regulatory program over a site if it is demonstrated that the bond release or written determination referred to in paragraph (d)(1) of this section was based upon fraud, collusion, or misrepresentation of a material fact.
</P>
<CITA TYPE="N">[47 FR 33431, July 2, 1982, as amended at 48 FR 40634, Sept. 8, 1983; 48 FR 44779, Sept. 30, 1983; 49 FR 38477, Sept. 28, 1984; 53 FR 44363, Nov. 2, 1988; 54 FR 52120, 54 FR 52120, Dec. 20, 1989; 81 FR 93319, Dec. 20, 2016; 82 FR 54924, Nov. 17, 2017; 90 FR 54573, Nov. 28, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 700.12" NODE="30:3.0.1.1.1.0.1.8" TYPE="SECTION">
<HEAD>§ 700.12   Petitions to initiate rulemaking.</HEAD>
<P>(a) Any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act. The petition shall be submitted to the Office of the Director, Office of Surface Mining Reclamation and Enforcement, Department of the Interior, Washington, DC 20240.
</P>
<P>(b) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of a regulation under the Act and shall indicate whether the petitioner desires a public hearing.
</P>
<P>(c) Upon receipt of the petition, the Director shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable basis. If the Director determines that the petition has a reasonable basis, a notice shall be published in the <E T="04">Federal Register</E> seeking comments from the public on the proposed change. The Director may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted.
</P>
<P>(d) Within 90 days from receipt of the petition, the Director shall issue a written decision either granting or denying the petition. The Director's decision shall constitute the final decision for the Department.
</P>
<P>(1) If the petition is granted, the Director shall initiate a rulemaking proceeding.
</P>
<P>(2) If the petition is denied, the Director shall notify the petitioner in writing, setting forth the reasons for denial.


</P>
</DIV8>


<DIV8 N="§ 700.13" NODE="30:3.0.1.1.1.0.1.9" TYPE="SECTION">
<HEAD>§ 700.13   Notice of citizen suits.</HEAD>
<P>(a) A person who intends to initiate a civil action on his or her own behalf under section 520 of the Act shall give notice of intent to do so, in accordance with this section.
</P>
<P>(b) Notice shall be given by certified mail to the Secretary and the Director in all cases and to the head of the State regulatory authority, if a complaint involves or relates to a specific State. A copy of the notice shall be sent by first class mail to the Regional Director, if the complaint involves or relates to surface coal mining and reclamation operations in a specific region of the Office.
</P>
<P>(c) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act.
</P>
<P>(d) Service of notice under this section is complete upon mailing to the last known address of the person being notified.
</P>
<P>(e) A person giving notice regarding an alleged violation shall state, to the extent known—
</P>
<P>(1) Sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated;
</P>
<P>(2) The act or omission alleged to constitute a violation;
</P>
<P>(3) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;
</P>
<P>(4) The date, time, and location of the alleged violation;
</P>
<P>(5) The name, address, and telephone number of the person giving notice; and
</P>
<P>(6) The name, address, and telephone number of legal counsel, if any, of the person giving notice.
</P>
<P>(f) A person giving notice of an alleged failure by the Secretary or a State regulatory authority to perform a mandatory act or duty under the Act shall state, to the extent known:
</P>
<P>(1) The provision of the Act containing the mandatory act or duty allegedly not performed;
</P>
<P>(2) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act;
</P>
<P>(3) The name, address, and telephone number of the person giving notice; and
</P>
<P>(4) The name, address, and telephone number of legal counsel, if any, of the person giving notice.


</P>
</DIV8>


<DIV8 N="§ 700.14" NODE="30:3.0.1.1.1.0.1.10" TYPE="SECTION">
<HEAD>§ 700.14   Availability of records.</HEAD>
<P>(a) Records required by the Act to be made available locally to the public shall be retained at the geographically closest office of the State or Federal regulatory authority having jurisdiction over the area involved.
</P>
<P>(b) Other records or documents in the possession of the Office may be requested under 43 CFR part 2, which implements the Freedom of Information Act and the Privacy Act.


</P>
</DIV8>


<DIV8 N="§ 700.15" NODE="30:3.0.1.1.1.0.1.11" TYPE="SECTION">
<HEAD>§ 700.15   Computation of time.</HEAD>
<P>(a) Except as otherwise provided, computation of time under this chapter is based on calendar days.
</P>
<P>(b) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday on which the regulatory authority is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.
</P>
<P>(c) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is 7 days or less. 


</P>
</DIV8>

</DIV5>


<DIV5 N="701" NODE="30:3.0.1.1.2" TYPE="PART">
<HEAD>PART 701—PERMANENT REGULATORY PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15316, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54929, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 701 made effective on Jan. 19, 2017, at 81 FR 93319-93323, Dec. 20, 2016. </PSPACE></EDNOTE>

<DIV8 N="§ 701.1" NODE="30:3.0.1.1.2.0.1.1" TYPE="SECTION">
<HEAD>§ 701.1   Scope.</HEAD>
<P>(a) This part provides general introductory material for the permanent regulatory program required by the Act.
</P>
<P>(b) The following regulations apply to the permanent regulatory program:
</P>
<P>(1) Subchapter C on State program application, approval, withdrawal, and grants, and Federal program implementation;
</P>
<P>(2) Subchapter D on surface coal mining and reclamation operations on Federal lands;
</P>
<P>(3) Subchapter E on surface coal mining and reclamation operations on Indian lands.
</P>
<P>(4) Subchapter F on criteria for designating lands unsuitable for surface coal mining operations and the process for designating these lands or withdrawing the designation by the regulatory authority; <I>Provided,</I> That, part 761 is applicable during the initial regulatory program under subchapter B of this chapter and 30 CFR part 211
<SU>1</SU>
<FTREF/> and that part 769 and other parts incorporated therein are applicable to the initial Federal lands program under 30 CFR part 211;
</P>
<FTNT>
<P>
<SU>1</SU> <E T="04">Editorial Note:</E> 30 CFR part 211 was redesignated as 43 CFR part 3480 at 48 FR 41589, Sept. 16, 1983.</P></FTNT>
<P>(5) Subchapter G on the process for application, approval, denial, revision, and renewal of permits for surface coal mining and reclamation operations, including the small operator assistance program, requirements for special categories of these operations, and requirements for coal exploration;
</P>
<P>(6) Subchapter J on public liability insurance and performance bonds or other assurances of performance for surface coal mining and reclamation operations;
</P>
<P>(7) Subchapter K on performance standards which apply to coal exploration, surface coal mining and reclamation operations, and special categories of these operations;
</P>
<P>(8) Subchapter L on inspection and enforcement responsibilities and civil penalties; and
</P>
<P>(9) Subchapter M on the training, examination, and certification of blasters.
</P>
<CITA TYPE="N">[44 FR 15316, Mar. 13, 1979; 44 FR 49685, Aug. 24, 1979, as amended at 44 FR 77445, Dec. 31, 1979; 49 FR 38477, Sept. 28, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 701.2" NODE="30:3.0.1.1.2.0.1.2" TYPE="SECTION">
<HEAD>§ 701.2   Objective.</HEAD>
<P>The regulations in this part give—
</P>
<P>(a) A general overview of the regulatory program to be implemented by the State or Federal regulatory authority;
</P>
<P>(b) The applicability of that program to coal exploration and surface coal mining and reclamation operations; and
</P>
<P>(c) The definitions that apply to the regulation of coal exploration and surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 701.3" NODE="30:3.0.1.1.2.0.1.3" TYPE="SECTION">
<HEAD>§ 701.3   Authority.</HEAD>
<P>The Secretary is required by section 501(b) of the Act to promulgate regulations which establish the permanent regulatory program; by section 523 of the Act to promulgate regulations which establish the Federal lands programs; and is authorized by section 710 of the Act to promulgate regulations which establish a Federal program for Indian lands.
</P>
<CITA TYPE="N">[49 FR 38477, Sept. 28, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 701.4" NODE="30:3.0.1.1.2.0.1.4" TYPE="SECTION">
<HEAD>§ 701.4   Responsibility.</HEAD>
<P>(a) A State regulatory authority shall assume primary responsibility for regulation of coal exploration and surface coal mining and reclamation operations during the permanent regulatory program upon submission to and approval by the Secretary of a State program meeting all applicable requirements of the Act and this chapter. After approval of the State program, the State regulatory authority has responsibility for review of and decisions on permits and bonding for surface coal mining and reclamation operations, approval of coal exploration which substantially disturbs the natural land surface and removes more than 250 tons of coal from the earth in any one location, inspection of coal exploration and surface coal mining and reclamation operations for compliance with the Act, this chapter, the State program, permits and exploration approvals, and for enforcement of the State program.
</P>
<P>(b) While a State regulatory program is in effect, the Office's responsibility includes, but is not limited to—
</P>
<P>(1) Evaluating the administration of the State program through such means as periodic inspections of coal exploration and surface coal mining and reclamation operations in the State and review of exploration approvals, permits, inspection reports, and other documents required to be made available to the Office;
</P>
<P>(2) Referring to the State regulatory authority information which creates reasonable belief that a person is in violation of the Act, this chapter, the State regulatory program, a permit condition, or coal exploration approval condition, and initiating an inspection when authorized by the Act or this chapter;
</P>
<P>(3) Issuing notices of violation when a State regulatory authority fails to take appropriate action to cause a violation to be corrected; and
</P>
<P>(4) Issuing cessation orders, including imposing affirmative obligations, when a condition, practice, or violation exists which creates an imminent danger to the health or safety of the public, or is causing or could reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.
</P>
<P>(c) The Office shall implement a Federal program in a State, if that State does not have an approved State program by June 3, 1980. The Office shall not implement a Federal program in a State for a period of up to 1 year following that date if the State's failure to have an approved program by that date is due to an injunction imposed by a court of competent jurisdiction.
</P>
<P>(d) Under a Federal program, the Office shall be the regulatory authority for all coal exploration and surface coal mining and reclamation operations in that State and shall perform the functions that a State regulatory authority would perform under an approved State program.
</P>
<P>(e) During the period in which a State program is in effect, the Office shall assume responsibility for enforcing permit conditions, issuing new or revised permits, and issuing necessary notices and orders, when required by 30 CFR part 733.
</P>
<P>(f) The Secretary shall substitute a Federal program under 30 CFR part 736 for an approved State program, when required by 30 CFR part 733.
</P>
<P>(g) The Secretary shall have the responsibility for administration of the Federal lands program. The Director and other Federal authorities shall have the responsibilities under a Federal lands program as are provided for under subchapter D of this chapter. In addition, State regulatory authorities shall have responsibilities to administer the Federal lands program as provided for under cooperative agreements approved by the Secretary in accordance with 30 CFR part 745.
</P>
<P>(h) The Secretary shall have the responsibility for the administration of the Federal program for Indian lands, as provided for under subchapter E of this chapter. The Director and other Federal authorities have the responsibilities under the Indian lands program as are provided for under subchapter E of this chapter.
</P>
<CITA TYPE="N">[44 FR 15316, Mar. 13, 1979, as amended at 49 FR 38477, Sept. 28, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 701.5" NODE="30:3.0.1.1.2.0.1.5" TYPE="SECTION">
<HEAD>§ 701.5   Definitions.</HEAD>
<P>As used in this chapter, the following terms have the specified meanings, except where otherwise indicated:
</P>
<P><I>Acid drainage</I> means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations.
</P>
<P><I>Acid-forming materials</I> means earth materials that contain sulfide minerals or other materials which, if exposed to air, water, or weathering processes, form acids that may create acid drainage.
</P>
<P><I>Adjacent area</I> means the area outside the permit area where a resource or resources, determined according to the context in which <I>adjacent area</I> is used, are or reasonably could be expected to be adversely impacted by proposed mining operations, including probable impacts from underground workings.
</P>
<P><I>Administratively complete application</I> means an application for permit approval or approval for coal exploration where required, which the regulatory authority determines to contain information addressing each application requirement of the regulatory program and to contain all information necessary to initiate processing and public review.
</P>
<P><I>Affected area</I> means any land or water surface area which is used to facilitate, or is physically altered by, surface coal mining and reclamation operations. The affected area includes the disturbed area; any area upon which surface coal mining and reclamation operations are conducted; any adjacent lands the use of which is incidental to surface coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining and reclamation operations, except as provided in this definition; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; any areas upon which are sited structures, facilities, or other property material on the surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above underground workings. The affected area shall include every road used for purposes of access to, or for hauling coal to or from, surface coal mining and reclamation operations, unless the road (a) was designated as a public road pursuant to the laws of the jurisdiction in which it is located; (b) is maintained with public funds, and constructed, in a manner similar to other public roads of the same classification within the jurisdiction; and (c) there is substantial (more than incidental) public use.
</P>
<P><I>Agricultural activities</I> means, with respect to alluvial valley floors, the use of any tract of land for the production of animal or vegetable life, based on regional agricultural practices, where the use is enhanced or facilitated by subirrigation or flood irrigation. These uses include, but are not limited to, farming and the pasturing or grazing of livestock. These uses do not include agricultural activities which have no relationship to the availability of water from subirrigation or flood irrigation practices.
</P>
<P><I>Agricultural use</I> means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants.
</P>
<P><I>Alluvial valley floors</I> means the unconsolidated stream-laid deposits holding streams with water availability sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits formed by unconcentrated runoff or slope wash, together with talus, or other mass-movement accumulations, and windblown deposits.
</P>
<P><I>Applicant</I> means any person seeking a permit, permit revision, renewal, and transfer, assignment, or sale of permit rights from a regulatory authority to conduct surface coal mining and reclamation operations or, where required, seeking approval for coal exploration.
</P>
<P><I>Applicant/Violator System</I> or <I>AVS</I> means an automated information system of applicant, permittee, operator, violation and related data OSM maintains to assist in implementing the Act.
</P>
<P><I>Application</I> means the documents and other information filed with the regulatory authority under this chapter for the issuance of permits; revisions; renewals; and transfer, assignment, or sale of permit rights for surface coal mining and reclamation operations or, where required, for coal exploration.
</P>
<P><I>Approximate original contour</I> means that surface configuration achieved by backfilling and grading of the mined areas so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the regulatory authority has determined that they comply with 30 CFR 816.49 and 816.56, 816.133 or 817.49, 817.56, and 817.133.
</P>
<P><I>Aquifer</I> means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.
</P>
<P><I>Arid and semiarid area</I> means, in the context of alluvial valley floors, an area of the interior western United States, west of the 100th meridian west longitude, experiencing water deficits, where water use by native vegetation equals or exceeds that supplied by precipitation. All coalfields located in North Dakota west of the 100th meridian west longitude, all coalfields in Montana, Wyoming, Utah, Colorado, New Mexico, Idaho, Nevada, and Arizona, the Eagle Pass field in Texas, and the Stone Canyon and the Ione fields in California are in arid and semiarid areas.
</P>
<P><I>Auger mining</I> means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface.
</P>
<P><I>Best technology currently available</I> means equipment, devices, systems, methods, or techniques which will (a) prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable State or Federal laws; and (b) minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined by the Director, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds in accordance with 30 CFR parts 816 and 817. Within the constraints of the permanent program, the regulatory authority shall have the discretion to determine the best technology currently available on a case-by-case basis, as authorized by the Act and this chapter.
</P>
<P><I>Coal exploration</I> means the field gathering of:
</P>
<P>(a) surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical, or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or
</P>
<P>(b) the gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of this chapter.
</P>
<P><I>Coal mine waste</I> means coal processing waste and underground development waste.
</P>
<P><I>Coal preparation</I> means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.
</P>
<P><I>Coal preparation plant</I> means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with coal preparation activities, including, but not limited to the following: loading facilities; storage and stockpile facilities; sheds; shops, and other buildings; water-treatment and water-storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.
</P>
<P><I>Coal processing waste</I> means earth materials which are separated and wasted from the product coal during cleaning, concentrating, or other processing or preparation of coal.
</P>
<P><I>Combustible material</I> means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.
</P>
<P><I>Compaction</I> means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.
</P>
<P><I>Complete and accurate application</I> means an application for permit approval or approval for coal exploration where required, which the regulatory authority determines to contain all information required under the Act, this subchapter, and the regulatory program that is necessary to make a decision on permit issuance.
</P>
<P><I>Control</I> or <I>controller,</I> when used in parts 773, 774, and 778 of this chapter, refers to or means—
</P>
<P>(a) A permittee of a surface coal mining operation;
</P>
<P>(b) An operator of a surface coal mining operation; or
</P>
<P>(c) Any person who has the ability to determine the manner in which a surface coal mining operation is conducted.
</P>
<P><I>Cropland</I> means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops.
</P>
<P><I>Cumulative impact area</I> means the area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface- and ground-water systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond releases of:
</P>
<P>(a) The proposed operation,
</P>
<P>(b) all existing operations,
</P>
<P>(c) any operation for which a permit application has been submitted to the regulatory authority, and
</P>
<P>(d) all operations required to meet diligent development requirements for leased Federal coal for which there is actual mine development information available.
</P>
<P><I>Disturbed area</I> means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations. Those areas are classified as <I>disturbed</I> until reclamation is complete and the performance bond or other assurance of performance required by subchapter J of this chapter is released.
</P>
<P><I>Diversion</I> means a channel, embankment, or other manmade structure constructed to divert water from one area to another.
</P>
<P><I>Downslope</I> means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.
</P>
<P><I>Drinking, domestic or residential water supply</I> means water received from a well or spring and any appurtenant delivery system that provides water for direct human consumption or household use. Wells and springs that serve only agricultural, commercial or industrial enterprises are not included except to the extent the water supply is for direct human consumption or human sanitation, or domestic use.
</P>
<P><I>Embankment</I> means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.
</P>
<P><I>Ephemeral stream</I> means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.
</P>
<P><I>Essential hydrologic functions</I> means the role of an alluvial valley floor in collecting, storing, regulating, and making the natural flow of surface or ground water, or both, usefully available for agricultural activities by reason of the valley floor's topographic position, the landscape, and the physical properties of its underlying materials. A combination of these functions provides a water supply during extended periods of low precipitation.
</P>
<P><I>Excess spoil</I> means spoil material disposed of in a location other than the mined-out area; provided that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in accordance with §§ 816.102(d) and 817.102(d) of this chapter in non-steep slope areas shall not be considered excess spoil.
</P>
<P><I>Existing structure</I> means a structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of a State program or implementation of a Federal program or Federal lands program, whichever occurs first.
</P>
<P><I>Farming</I> means, with respect to alluvial valley floors, the primary use of those areas for the cultivation, cropping or harvesting of plants which benefit from irrigation, or natural subirrigation, that results from the increased moisture content in the alluvium of the valley floors. For purposes of this definition, harvesting does not include the grazing of livestock.
</P>
<P><I>Federal program</I> means a program established by the Secretary pursuant to section 504 of the Act to regulate coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands within a State in accordance with the Act and this chapter.
</P>
<P>(a) <I>Complete Federal program</I> means a program established by the Secretary pursuant to section 504 of the Act before June 3, 1980, or upon the complete withdrawal of a State program after June 3, 1980, by which the Director regulates all coal exploration and surface coal mining and reclamation operations.
</P>
<P>(b) <I>Partial Federal program</I> means a program established by the Secretary pursuant to sections 102, 201 and 504 of the Act upon the partial withdrawal of a State program, by which the Director may regulate appropriate portions of coal exploration and surface coal mining and reclamation operations.
</P>
<P><I>Flood irrigation</I> means, with respect to alluvial valley floors, supplying water to plants by natural overflow or the diversion of flows, so that the irrigated surface is largely covered by a sheet of water.
</P>
<P><I>Fugitive dust</I> means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.
</P>
<P><I>Gravity discharge</I> means, with respect to underground mining activities, mine drainage that flows freely in an open channel downgradient. Mine drainage that occurs as a result of flooding a mine to the level of the discharge is not gravity discharge.
</P>
<P><I>Ground cover</I> means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.
</P>
<P><I>Ground water</I> means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.
</P>
<P><I>Half-shrub</I> means a perennial plant with a woody base whose annually produced stems die back each year.
</P>
<P><I>Head-of-hollow fill</I> means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 degrees. In head-of-hollow fills the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.
</P>
<P><I>Higher or better uses</I> means postmining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.
</P>
<P><I>Highwall</I> means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities.
</P>
<P><I>Highwall remnant</I> means that portion of highwall that remains after backfilling and grading of a remining permit area.
</P>
<P><I>Historically used for cropland</I> means
</P>
<P>(a) lands that have been used for cropland for any 5 years or more out of the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of surface coal mining and reclamation operations;
</P>
<P>(b) lands that the regulatory authority determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or
</P>
<P>(c) lands that would likely have been used as cropland for any 5 out of the last 10 years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.
</P>
<P><I>Hydrologic balance</I> means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.
</P>
<P><I>Hydrologic regime</I> means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.
</P>
<P><I>Imminent danger to the health and safety of the public</I> means the existence of any condition or practice, or any violation of a permit or other requirements of the Act in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement.
</P>
<P><I>Impounding structure</I> means a dam, embankment or other structure used to impound water, slurry, or other liquid or semi-liquid material.
</P>
<P><I>Impoundments</I> means all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions, either naturally formed or artificially built.
</P>
<P><I>In situ processes</I> means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.
</P>
<P><I>Intermittent stream</I> means—
</P>
<P>(a) A stream or reach of a stream that drains a watershed of at least one square mile, or
</P>
<P>(b) A stream or reach of a stream that is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.
</P>
<P><I>Irreparable damage to the environment</I> means any damage to the environment, in violation of the Act, the regulatory program, or this chapter, that cannot be corrected by actions of the applicant.
</P>
<P><I>Knowing</I> or <I>knowingly</I> means that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.
</P>
<P><I>Land use</I> means specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur and may include land used for support facilities that are an integral part of the use. Changes of land use from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the regulatory authority.
</P>
<P>(a) <I>Cropland.</I> Land used for the production of adapted crops for harvest, alone or in rotation with grasses and legumes, that include row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar crops.
</P>
<P>(b) <I>Pastureland or land occasionally cut for hay.</I> Land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed.
</P>
<P>(c) <I>Grazingland.</I> Land used for grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production.
</P>
<P>(d) <I>Forestry.</I> Land used or managed for the long-term production of wood, wood fiber, or wood-derived products.
</P>
<P>(e) <I>Residential.</I> Land used for single-and multiple-family housing, mobile home parks, or other residential lodgings.
</P>
<P>(f) <I>Industrial/Commercial.</I> Land used for—
</P>
<P>(1) Extraction or transformation of materials for fabrication of products, wholesaling of products, or long-term storage of products. This includes all heavy and light manufacturing facilities.
</P>
<P>(2) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments.
</P>
<P>(g) <I>Recreation.</I> Land used for public or private leisure-time activities, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses.
</P>
<P>(h) <I>Fish and wildlife habitat.</I> Land dedicated wholly or partially to the production, protection, or management of species of fish or wildlife.
</P>
<P>(i) <I>Developed water resources.</I> Land used for storing water for beneficial uses, such as stockponds, irrigation, fire protection, flood control, and water supply.
</P>
<P>(j) <I>Undeveloped land or no current use or land management.</I> Land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.
</P>
<P><I>Lands eligible for remining</I> means those lands that would otherwise be eligible for expenditures under section 404 or under section 402(g)(4) of the Act.
</P>
<P><I>Material damage,</I> in the context of §§ 784.20 and 817.121 of this chapter, means:
</P>
<P>(a) Any functional impairment of surface lands, features, structures or facilities;
</P>
<P>(b) Any physical change that has a significant adverse impact on the affected land's capability to support any current or reasonably foreseeable uses or causes significant loss in production or income; or
</P>
<P>(c) Any significant change in the condition, appearance or utility of any structure or facility from its pre-subsidence condition.
</P>
<P><I>Materially damage the quantity or quality of water</I> means, with respect to alluvial valley floors, to degrade or reduce by surface coal mining and reclamation operations the water quantity or quality supplied to the alluvial valley floor to the extent that resulting changes would significantly decrease the capability of the alluvial valley floor to support farming.
</P>
<P><I>MSHA</I> means the Mine Safety and Health Administration.
</P>
<P><I>Moist bulk density</I> means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (
<FR>1/3</FR> bar moisture tension). Weight is determined after drying the soil at 105 °C.
</P>
<P><I>Mulch</I> means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth.
</P>
<P><I>Non-commercial building</I> means any building, other than an occupied residential dwelling, that, at the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in § 761.5 of this chapter. Any building used only for commercial agricultural, industrial, retail or other commercial enterprises is excluded.
</P>
<P><I>Noxious plants</I> means species that have been included on official State lists of noxious plants for the State in which the surface coal mining and reclamation operation occurs.
</P>
<P><I>Occupied residential dwelling and structures related thereto means,</I> for purposes of §§ 784.20 and 817.121, any building or other structure that, at the time the subsidence occurs, is used either temporarily, occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure or facility installed on, above or below, or a combination thereof, the land surface if that building, structure or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial agricultural, industrial, retail or other commercial purposes is excluded.
</P>
<P><I>Operator</I> means any person engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location.
</P>
<P><I>Other treatment facilities</I> mean any chemical treatments, such as flocculation or neutralization, or mechanical structures, such as clarifiers or precipitators, that have a point source discharge and are utilized:
</P>
<P>(a) To prevent additional contributions of dissolved or suspended solids to streamflow or runoff outside the permit area, or
</P>
<P>(b) To comply with all applicable State and Federal water-quality laws and regulations.
</P>
<P><I>Outslope</I> means the face of the spoil or embankment sloping downward from the highest elevation to the toe.
</P>
<P><I>Overburden</I> means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.
</P>
<P><I>Own, owner,</I> or <I>ownership,</I> as used in parts 773, 774, and 778 of this chapter (except when used in the context of ownership of real property), means being a sole proprietor or owning of record in excess of 50 percent of the voting securities or other instruments of ownership of an entity.
</P>
<P><I>Perennial stream</I> means a stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include <I>intermittent stream</I> or <I>ephemeral stream.</I>
</P>
<P><I>Performance bond</I> means a surety bond, collateral bond or self-bond or a combination thereof, by which a permittee assures faithful performance of all the requirements of the Act, this chapter, a State, Federal or Federal lands program, and the requirements of the permit and reclamation plan.
</P>
<P><I>Permanent diversion</I> means a diversion remaining after surface coal mining and reclamation operations are completed which has been approved for retention by the regulatory authority and other appropriate State and Federal agencies.
</P>
<P><I>Permanent impoundment</I> means an impoundment which is approved by the regulatory authority and, if required, by other State and Federal agencies for retention as part of the postmining land use.
</P>
<P><I>Permit</I> means a permit to conduct surface coal mining and reclamation operations issued by the State regulatory authority pursuant to a State program or by the Secretary pursuant to a Federal program. For purposes of the Federal lands program, permit means a permit issued by the State regulatory authority under a cooperative agreement or by OSM where there is no cooperative agreement.
</P>
<P><I>Permit area</I> means the area of land, indicated on the approved map submitted by the operator with his or her application, required to be covered by the operator's performance bond under subchapter J of this chapter and which shall include the area of land upon which the operator proposes to conduct surface coal mining and reclamation operations under the permit, including all disturbed areas; provided that areas adequately bonded under another valid permit may be excluded from the permit area.
</P>
<P><I>Permittee</I> means a person holding or required by the Act or this chapter to hold a permit to conduct surface coal mining and reclamation operations issued by a State regulatory authority pursuant to a State program, by the Director pursuant to a Federal program, by the Director pursuant to a Federal lands program, or, where a cooperative agreement pursuant to section 523 of the Act has been executed, by the Director and the State regulatory authority.
</P>
<P><I>Precipitation event</I> means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these regulations, <I>precipitation event</I> also includes that quantity of water emanating from snow cover as snowmelt in a limited period of time.
</P>
<P><I>Previously mined area</I> means land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of 30 CFR chapter VII.
</P>
<P><I>Prime farmland</I> means those lands which are defined by the Secretary of Agriculture in 7 CFR part 657 (<E T="04">Federal Register</E> Vol. 4 No. 21) and which have historically been used for cropland as that phrase is defined above.
</P>
<P><I>Principal shareholder</I> means any person who is the record or beneficial owner of 10 percent or more of any class of voting stock.
</P>
<P><I>Property to be mined</I> means both the surface estates and mineral estates within the permit area and the area covered by underground workings.
</P>
<P><I>Rangeland</I> means land on which the natural potential (climax) plant cover is principally native grasses, forbs, and shrubs valuable for forage. This land includes natural grasslands and savannahs, such as prairies, and juniper savannahs, such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing and season of use.
</P>
<P><I>Reasonably available spoil</I> means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area that is accessible and available for use and that when rehandled will not cause a hazard to public safety or significant damage to the environment.
</P>
<P><I>Recharge capacity</I> means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.
</P>
<P><I>Reclamation</I> means those actions taken to restore mined land as required by this chapter to a postmining land use approved by the regulatory authority.
</P>
<P><I>Recurrence interval</I> means the interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.
</P>
<P><I>Reference area</I> means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production methods approved by the regulatory authority. Reference areas must be representative of geology, soil, slope, and vegetation in the permit area.
</P>
<P><I>Refuse pile</I> means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.
</P>
<P><I>Remining</I> means conducting surface coal mining and reclamation operations which affect previously mined areas.
</P>
<P><I>Renewable resource lands</I> means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazinglands.
</P>
<P><I>Replacement of water supply</I> means, with respect to protected water supplies contaminated, diminished, or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.
</P>
<P>(a) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.
</P>
<P>(b) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.
</P>
<P><I>Road</I> means a surface right-of-way for purposes of travel by land vehicles used in surface coal mining and reclamation operations or coal exploration. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches, and surface. The term includes access and haulroads constructed, used, reconstructed, improved, or maintained for use in surface coal mining and reclamation operations or coal exploration, including use by coal hauling vehicles to and from transfer, processing, or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.
</P>
<P><I>Safety factor</I> means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.
</P>
<P><I>Sedimentation pond</I> means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.
</P>
<P><I>Significant, imminent environmental harm to land, air or water resources</I> means—
</P>
<P>(a) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life.
</P>
<P>(b) An environmental harm is imminent, if a condition, practice, or violation exists which—
</P>
<P>(1) Is causing such harm; or,
</P>
<P>(2) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under section 521(a)(3) of the Act.
</P>
<P>(c) An environmental harm is significant if that harm is appreciable and not immediately reparable.
</P>
<P><I>Siltation structure</I> means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.
</P>
<P><I>Slope</I> means average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (<I>e.g.,</I> 1v: 5h). It may also be expressed as a percent or in degrees.
</P>
<P><I>Soil horizons</I> means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are—
</P>
<P>(a) <I>A horizon.</I> The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;
</P>
<P>(b) <I>E horizon.</I> The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;
</P>
<P>(c) <I>B horizon.</I> The layer that typically is immediately beneath the E horizon and often called the subsoil. This middle layer commonly contains more clay, iron, or aluminum than the A, E, or C horizons; and
</P>
<P>(d) <I>C horizon.</I> The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.
</P>
<P><I>Soil survey</I> means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in 30 CFR 785.17(c)(1).
</P>
<P><I>Special bituminous coal mines</I> means those mines in existence on January 1, 1972, or mines adjoining or having a common boundary with those mines for which development began after August 3, 1977, that are located in the State of Wyoming and that are being mined or will be mined according to the following criteria:
</P>
<P>(a) Surface mining takes place on a relatively limited site for an extended period of time. The surface opening of the excavation is at least the full size of the excavation and has a continuous border.
</P>
<P>(b) Excavation of the mine pit follows a coal seam that inclines 15° or more from the horizontal, and as the excavation proceeds downward it expands laterally to maintain stability of the pitwall or as necessary to accommodate the orderly expansion of the total mining operation.
</P>
<P>(c) The amount of material removed from the pit is large in comparison to the surface area disturbed.
</P>
<P>(d) There is no practicable alternative to the deep open-pit method of mining the coal.
</P>
<P>(e) There is no practicable way to reclaim the land as required in subchapter K.
</P>
<P><I>Spoil</I> means overburden that has been removed during surface coal mining operations.
</P>
<P><I>Stabilize</I> means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.
</P>
<P><I>State program</I> means a program established by a State and approved by the Secretary pursuant to section 503 of the Act to regulate surface coal mining and reclamation operations on non-Indian and non-Federal lands within that State, according to the requirements of the Act and this chapter. If a cooperative agreement under part 745 has been entered into, a State program may apply to Federal lands, in accordance with the terms of the cooperative agreement.
</P>
<P><I>Steep slope</I> means any slope of more than 20° or such lesser slope as may be designated by the regulatory authority after consideration of soil, climate, and other characteristics of a region or State.
</P>
<P><I>Subirrigation</I> means, with respect to alluvial valley floors, the supplying of water to plants from underneath or from a semisaturated or saturated subsurface zone where water is available for use by vegetation.
</P>
<P><I>Substantially disturb</I> means, for purposes of coal exploration, to significantly impact land or water resources by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal.
</P>
<P><I>Successor in interest</I> means any person who succeeds to rights granted under a permit, by transfer, assignment, or sale of those rights.
</P>
<P><I>Surface mining activities</I> means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam, before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.
</P>
<P><I>Suspended solids</I> or nonfilterable residue, expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses (40 CFR part 136).
</P>
<P><I>Temporary diversion</I> means a diversion of a stream or overland flow which is used during coal exploration or surface coal mining and reclamation operations and not approved by the regulatory authority to remain after reclamation as part of the approved postmining land use.
</P>
<P><I>Temporary impoundment</I> means an impoundment used during surface coal mining and reclamation operations, but not approved by the regulatory authority to remain as part of the approved postmining land use.
</P>
<P><I>Topsoil</I> means the A and E soil horizon layers of the four master soil horizons.
</P>
<P><I>Toxic-forming materials</I> means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
</P>
<P><I>Toxic mine drainage</I> means water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.
</P>
<P><I>Transfer, assignment, or sale of permit rights</I> means a change of a permittee.
</P>
<P><I>Unanticipated event or condition,</I> as used in § 773.13 of this chapter, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated by the applicable permit.
</P>
<P><I>Underground development waste</I> means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining activities.
</P>
<P><I>Underground mining activities</I> means a combination of—
</P>
<P>(a) Surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed; and
</P>
<P>(b) Underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting.
</P>
<P><I>Undeveloped rangeland</I> means, for purposes of alluvial valley floors, lands where the use is not specifically controlled and managed.
</P>
<P><I>Upland areas</I> means, with respect to alluvial valley floors, those geomorphic features located outside the floodplain and terrace complex, such as isolated higher terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces covered with residuum, mud flows or debris flows, as well as highland areas underlain by bedrock and covered by residual weathered material or debris deposited by sheetwash, rillwash, or windblown material.
</P>
<P><I>Valley fill</I> means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than 20 degrees, or where the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.
</P>
<P><I>Violation,</I> when used in the context of the permit application information or permit eligibility requirements of sections 507 and 510(c) of the Act and related regulations, means—
</P>
<P>(1) A failure to comply with an applicable provision of a Federal or State law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or
</P>
<P>(2) A noncompliance for which OSM has provided one or more of the following types of notice or a State regulatory authority has provided equivalent notice under corresponding provisions of a State regulatory program—
</P>
<P>(i) A notice of violation under § 843.12 of this chapter.
</P>
<P>(ii) A cessation order under § 843.11 of this chapter.
</P>
<P>(iii) A final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under part 845 or 846 of this chapter.
</P>
<P>(iv) A bill or demand letter pertaining to delinquent reclamation fees owed under part 870 of this chapter.
</P>
<P>(v) A notice of bond forfeiture under § 800.50 of this chapter when—
</P>
<P>(A) One or more violations upon which the forfeiture was based have not been abated or corrected;
</P>
<P>(B) The amount forfeited and collected is insufficient for full reclamation under § 800.50(d)(1) of this chapter, the regulatory authority orders reimbursement for additional reclamation costs, and the person has not complied with the reimbursement order; or
</P>
<P>(C) The site is covered by an alternative bonding system approved under § 800.11(e) of this chapter, that system requires reimbursement of any reclamation costs incurred by the system above those covered by any site-specific bond, and the person has not complied with the reimbursement requirement and paid any associated penalties.
</P>
<P><I>Violation, failure or refusal,</I> for purposes of parts 724 and 846 of this chapter, means—
</P>
<P>(1) A failure to comply with a condition of a Federally-issued permit or of any other permit that OSM is directly enforcing under section 502 or 521 of the Act or the regulations implementing those sections; or
</P>
<P>(2) A failure or refusal to comply with any order issued under section 521 of the Act, or any order incorporated in a final decision issued by the Secretary under the Act, except an order incorporated in a decision issued under section 518(b) or section 703 of the Act.
</P>
<P><I>Violation notice</I> means any written notification from a regulatory authority or other governmental entity, as specified in the definition of <I>violation</I> in this section.
</P>
<P><I>Water table</I> means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.
</P>
<P><I>Willful</I> or <I>willfully</I> means that a person who authorized, ordered or carried out an act or omission that resulted in either a violation or the failure to abate or correct a violation acted—
</P>
<P>(1) Intentionally, voluntarily, or consciously; and
</P>
<P>(2) With intentional disregard or plain indifference to legal requirements.
</P>
<CITA TYPE="N">[44 FR 15316, Mar. 13, 1979]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 701.5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
<EFFDNOT>
<HED>Effective Date Note:</HED><PSPACE>In § 701.5, the definition of <I>Affected area,</I> insofar as it excludes roads which are included in the definition of <I>Surface coal mining operations,</I> was suspended at 51 FR 41960, Nov. 20, 1986.</PSPACE></EFFDNOT>
</DIV8>


<DIV8 N="§ 701.11" NODE="30:3.0.1.1.2.0.1.6" TYPE="SECTION">
<HEAD>§ 701.11   Applicability.</HEAD>
<P>(a) Any person who conducts surface coal mining operations on non-Indian or non-Federal lands on or after 8 months from the date of approval of a State program or implementation of a Federal program shall have a permit issued pursuant to the applicable State or Federal program. However, under conditions specified in 30 CFR 773.4(b) of this chapter, a person may continue operations under a previously issued permit after 8 months from the date of approval of a State program or implementation of a Federal program.
</P>
<P>(b) Any person who conducts surface coal mining operations on Federal lands on or after 8 months from the date of approval of a State program or implementation of a Federal program for the State in which the Federal lands are located shall have a permit issued pursuant to part 740 of this chapter. However, under conditions specified in § 740.13(a)(3) of this chapter, a person may continue such operations under a mining plan previously approved pursuant to 43 CFR part 3480 or a permit issued by the State under the interim State program after 8 months after the date of approval of a State program or implementation of a Federal program.
</P>
<P>(c) Any person who conducts surface coal mining operations on Indian lands on or after eight months from the effective date of the Federal program for Indian lands shall have a permit issued pursuant to part 750 of this chapter. However, a person who is authorized to conduct surface coal mining operations may continue to conduct those operations beyond eight months from the effective date of the Federal program for Indian lands if the following conditions are met:
</P>
<P>(1) An application for a permit to conduct those operations has been made to the Director within two months after the effective date of the Federal program for Indian lands and the initial administrative decision on that application has not been issued; and
</P>
<P>(2) Those operations are conducted in compliance with all terms and conditions of the existing authorization to mine, the requirements of the Act, 25 CFR part 216, and the requirements of all applicable mineral agreements, leases or licenses.
</P>
<P>(d) The requirements of subchapter K of this chapter shall be effective and shall apply to each surface coal mining and reclamation operation for which the surface coal mining operation is required to obtain a permit under the Act, on the earliest date upon which the Act and this chapter require a permit to be obtained, except as provided in paragraph (e) of this section.
</P>
<P>(e)(1) Each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of subchapter K of this chapter, except that—
</P>
<P>(i) An existing structure which meets the performance standards of subchapter K of this chapter but does not meet the design requirements of subchapter K of this chapter may be exempted from meeting those design requirements by the regulatory authority. The regulatory authority may grant this exemption only as part of the permit application process after obtaining the information required by 30 CFR 780.12 or 784.12 and after making the findings required in 30 CFR 773.15;
</P>
<P>(ii) If the performance standard of subchapter B of this chapter is at least as stringent as the comparable performance standard of subchapter K of this chapter, an existing structure which meets the performance standards of subchapter B of this chapter may be exempted by the regulatory authority from meeting the design requirements of subchapter K of this chapter. The regulatory authority may grant this exemption only as part of the permit application process after obtaining the information required by 30 CFR 780.12 or 784.12 and after making the findings required in 30 CFR 773.15;
</P>
<P>(iii) An existing structure which meets a performance standard of subchapter B of this chapter which is less stringent than the comparable performance standards of subchapter K of this chapter or which does not meet a performance standard of subchapter K of this chapter, for which there was no equivalent performance standards in subchapter B of this chapter, shall be modified or reconstructed to meet the performance and design standard of subchapter K of this chapter pursuant to a compliance plan approved by the regulatory authority only as part of the permit application as required in 30 CFR 780.12 or 784.12 and according to the findings required by 30 CFR 773.15;
</P>
<P>(iv) An existing structure which does not meet the performance standards of subchapter B of this chapter and which the applicant proposes to use in connection with or to facilitate the coal exploration or surface coal mining and reclamation operation shall be modified or reconstructed to meet the performance and design standards of subchapter K prior to issuance of the permit.
</P>
<P>(2) The exemptions provided in paragraphs (e)(1)(i) and (e)(1)(ii) of this section shall not apply to—
</P>
<P>(i) The requirements for existing and new coal mine waste disposal facilities; and
</P>
<P>(ii) The requirements to restore the approximate original contour of the land.
</P>
<P>(f)(1) Any person conducting coal exploration on non-Federal and non-Indian lands on or after the date on which a State program is approved or a Federal program implemented, shall either file a notice of intention to explore or obtain approval of the regulatory authority, as required by 30 CFR part 772.
</P>
<P>(2) Coal exploration performance standards in 30 CFR part 815 shall apply to coal exploration on non-Federal and non-Indian lands which substantially disturbs the natural land surface 2 months after approval of a State program or implementation of a Federal program. 
</P>
<SECAUTH TYPE="N">(Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>) 
</SECAUTH>
<CITA TYPE="N">[44 FR 15316, Mar. 13, 1979, as amended at 44 FR 77446, Dec. 31, 1979; 48 FR 6935, Feb. 16, 1983; 48 FR 44391, Sept. 28, 1983; 48 FR 44779, Sept. 30, 1983; 49 FR 38477, Sept. 28, 1984; 54 FR 13822, Apr. 5, 1989; 65 FR 79663, Dec. 19, 2000] 
</CITA>
<EFFDNOT>
<HED>Effective Date Note:</HED><PSPACE>A document published at 44 FR 67942, Nov. 27, 1979, temporarily suspended § 701.11(d)(1) and (2), which were redesignated as paragraphs (e)(1) and (2) at 49 FR 38477, Sept. 28, 1984, insofar as it may be read to retain discretion in the regulatory authority to grant an exemption from reconstruction of existing structures after making the findings in 30 CFR 773.15.</PSPACE></EFFDNOT>
</DIV8>

</DIV5>


<DIV5 N="702" NODE="30:3.0.1.1.3" TYPE="PART">
<HEAD>PART 702—EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.,</I> as amended.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>54 FR 52120, Dec. 20, 1989, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 702.1" NODE="30:3.0.1.1.3.0.1.1" TYPE="SECTION">
<HEAD>§ 702.1   Scope.</HEAD>
<P>This part implements the exemption contained in section 701(28) of the Act concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16
<FR>2/3</FR> percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.


</P>
</DIV8>


<DIV8 N="§ 702.5" NODE="30:3.0.1.1.3.0.1.2" TYPE="SECTION">
<HEAD>§ 702.5   Definitions.</HEAD>
<P>As used in this part, the following terms have the meaning specified, except where otherwise indicated:
</P>
<P>(a) <I>Cumulative measurement period</I> means the period of time over which both cumulative production and cumulative revenue are measured.
</P>
<P>(1) For purposes of determining the beginning of the cumulative measurement period, subject to regulatory authority approval, the operator must select and consistently use one of the following:
</P>
<P>(i) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977, or
</P>
<P>(ii) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.
</P>
<P>(2) For annual reporting purposes pursuant to § 702.18 of this part, the end of the period for which cumulative production and revenue is calculated is either 
</P>
<P>(i) For mining areas where coal or other minerals were extracted prior to April 1, 1990, March 31, 1990, and every March 31 thereafter; or
</P>
<P>(ii) For mining areas where extraction of coal or other minerals commenced on or after April 1, 1990, the last day of the calendar quarter during which coal extraction commenced, and each anniversary of that day thereafter.
</P>
<P>(b) <I>Cumulative production</I> means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is governed by § 702.16.
</P>
<P>(c) <I>Cumulative revenue</I> means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.
</P>
<P>(d) <I>Mining area</I> means an individual excavation site or pit from which coal, other minerals and overburden are removed.
</P>
<P>(e) <I>Other minerals</I> means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material.


</P>
</DIV8>


<DIV8 N="§ 702.10" NODE="30:3.0.1.1.3.0.1.3" TYPE="SECTION">
<HEAD>§ 702.10   Information collection.</HEAD>
<P>The collections of information contained in §§ 702.11, 702.12, 702.13, 702.15 and 702.18 of this part have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0089. The information will be used to determine the initial and continuing applicability of the incidental mining exemption to a particular mining operation. Response is required to obtain and maintain the incidental mining exemption in accordance with section 701(28) of the Act.
</P>
<P>Public reporting burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Information Collection Clearance Officer, OSM Department of the Interior, 1951 Constitution Avenue, NW., Washington, DC 20240; and to the Office of Management and Budget, Paperwork Reduction Project (1029-0089), OMB, Washington, DC 20503.


</P>
</DIV8>


<DIV8 N="§ 702.11" NODE="30:3.0.1.1.3.0.1.4" TYPE="SECTION">
<HEAD>§ 702.11   Application requirements and procedures.</HEAD>
<P>(a)(1) Any person who plans to commence or continue coal extraction after April 1, 1990, under a Federal program or on Indian lands, or after the effective date of counterpart provisions in a State program, in reliance on the incidental mining exemption shall file a complete application for exemption with the regulatory authority for each mining area.
</P>
<P>(2) Following incorporation of an exemption application approval process into a regulatory program, a person may not commence coal extraction based upon the exemption until the regulatory authority approves such application, except as provided in paragraph (e)(3) of this section.
</P>
<P>(b) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to April 1, 1990, in a State with a Federal program or on Indian lands, or prior to the effective date of counterpart provisions in a State program, may continue mining operations for 60 days after such effective date. Coal extraction may not continue after such 60-day period unless that person files an administratively complete application for exemption with the regulatory authority. If an administratively complete application is filed within 60 days, the person may continue extracting coal in reliance on the exemption beyond the 60-day period until the regulatory authority makes an administrative decision on such application.
</P>
<P>(c) Additional information. The regulatory authority shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information.
</P>
<P>(d) Public comment period. Following publication of the newspaper notice required by § 702.12(g), the regulatory authority shall provide a period of no less than 30 days during which time any person having an interest which is or may be adversely affected by a decision on the application may submit written comments or objections.
</P>
<P>(e) Exemption determination. (1) No later than 90 days after filing of an administratively complete application, the regulatory authority shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under this part, and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination.
</P>
<P>(2) The determination of exemption shall be based upon information contained in the application and any other information available to the regulatory authority at that time.
</P>
<P>(3) If the regulatory authority fails to provide an applicant with the determination as specified in paragraph (e)(1) of this section, an applicant who has not begun may commence coal extraction pending a determination on the application unless the regulatory authority issues an interim finding, together with reasons therefor, that the applicant may not begin coal extraction.
</P>
<P>(f) Administrative review. (1) Any adversely affected person may request administrative review of a determination under paragraph (e) of this section within 30 days of the notification of such determination in accordance with procedures established under 43 CFR 4.1280 when OSM is the regulatory authority or under corresponding State procedures when a State is the regulatory authority.
</P>
<P>(2) A petition for administrative review filed under 43 CFR 4.1280 or under corresponding State procedures shall not suspend the effect of a determination under paragraph (e) of this section.


</P>
</DIV8>


<DIV8 N="§ 702.12" NODE="30:3.0.1.1.3.0.1.5" TYPE="SECTION">
<HEAD>§ 702.12   Contents of application for exemption.</HEAD>
<P>An application for exemption shall include at a minimum:
</P>
<P>(a) The name and address of the applicant;
</P>
<P>(b) A list of the minerals sought to be extracted;
</P>
<P>(c) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;
</P>
<P>(d) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;
</P>
<P>(e) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;
</P>
<P>(f) The basis for all annual production, revenue, and fair market value estimates;
</P>
<P>(g) A description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;
</P>
<P>(h) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;
</P>
<P>(i) Evidence of publication, in a newspaper of general circulation in the county of the mining area, of a public notice that an application for exemption has been filed with the regulatory authority (The public notice must identify the persons claiming the exemption and must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation.);
</P>
<P>(j) Representative stratigraphic cross-section(s) based on test borings or other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of any material, not classified as other minerals, that will also be extracted during the conduct of mining activities;
</P>
<P>(k) A map of appropriate scale which clearly identifies the mining area;
</P>
<P>(l) A general description of mining and mineral processing activities for the mining area;
</P>
<P>(m) A summary of sales commitments and agreements for future delivery, if any, which the applicant has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;
</P>
<P>(n) If the other minerals are to be commercially used by the applicant, a description specifying the use;
</P>
<P>(o) For operations having extracted coal or other minerals prior to filing an application for exemption, in addition to the information required above, the following information must also be submitted:
</P>
<P>(1) Any relevant documents the operator has received from the regulatory authority documenting its exemption from the requirements of the Act;
</P>
<P>(2) The cumulative production of the coal and other minerals from the mining area; and
</P>
<P>(3) Estimated tonnages of stockpiled coal and other minerals; and
</P>
<P>(p) Any other information pertinent to the qualification of the operation as exempt.


</P>
</DIV8>


<DIV8 N="§ 702.13" NODE="30:3.0.1.1.3.0.1.6" TYPE="SECTION">
<HEAD>§ 702.13   Public availability of information.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, all information submitted to the regulatory authority under this part shall be made immediately available for public inspection and copying at the local offices of the regulatory authority having jurisdiction over the mining operations claiming exemption until at least three years after expiration of the period during which the subject mining area is active.
</P>
<P>(b) The regulatory authority may keep information submitted to the regulatory authority under this part confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct operations under this part.
</P>
<P>(c) Information requested to be held as confidential under paragraph (b) of this section shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.


</P>
</DIV8>


<DIV8 N="§ 702.14" NODE="30:3.0.1.1.3.0.1.7" TYPE="SECTION">
<HEAD>§ 702.14   Requirements for exemption.</HEAD>
<P>(a) Activities are exempt from the requirements of the Act if all of the following are satisfied:
</P>
<P>(1) The cumulative production of coal extracted from the mining area determined annually as described in this paragraph does not exceed 16
<FR>2/3</FR> percent of the total cumulative production of coal and other minerals removed during such period for purposes of bona fide sale or reasonable commercial use.
</P>
<P>(2) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use.
</P>
<P>(3) The cumulative revenue derived from the coal extracted from the mining area determined annually shall not exceed 50 percent of the total cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be considered rather than revenue.
</P>
<P>(b) Persons seeking or that have obtained an exemption from the requirements of the Act shall comply with the following:
</P>
<P>(1) Each other mineral upon which an exemption under this part is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed twelve months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the above standard.
</P>
<P>(2) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.


</P>
</DIV8>


<DIV8 N="§ 702.15" NODE="30:3.0.1.1.3.0.1.8" TYPE="SECTION">
<HEAD>§ 702.15   Conditions of exemption and right of inspection and entry.</HEAD>
<P>A person conducting activities covered by this part shall:
</P>
<P>(a) Maintain on-site or at other locations available to authorized representatives of the regulatory authority and the Secretary information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the regulatory authority;
</P>
<P>(b) Notify the regulatory authority upon the completion of the mining operation or permanent cessation of all coal extraction activities; and
</P>
<P>(c) Conduct operations in accordance with the approved application or when authorized to extract coal under § 702.11(b) or § 702.11(e)(3) prior to submittal or approval of an exemption application, in accordance with the standards of this part for Federal programs and on Indian lands or in accordance with counterpart provisions when included in State programs.
</P>
<P>(d) Authorized representatives of the regulatory authority and the Secretary shall have the right to conduct inspections of operations claiming exemption under this part.
</P>
<P>(e) Each authorized representative of the regulatory authority and the Secretary conducting an inspection under this part:
</P>
<P>(1) Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;
</P>
<P>(2) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and
</P>
<P>(3) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.
</P>
<P>(f) No search warrant shall be required with respect to any activity under paragraphs (d) and (e) of this section, except that a search warrant may be required for entry into a building.


</P>
</DIV8>


<DIV8 N="§ 702.16" NODE="30:3.0.1.1.3.0.1.9" TYPE="SECTION">
<HEAD>§ 702.16   Stockpiling of minerals.</HEAD>
<P>(a) <I>Coal.</I> Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use: 
</P>
<P>(1) Up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or 
</P>
<P>(2) For a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a 12-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month. 
</P>
<P>(b) <I>Other minerals.</I> (1) The regulatory authority shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting the requirements of this part if the operator fails to maintain adequate and verifiable records of the mining area of origin, the disposition of stockpiles or if the disposition of the stockpiles indicates the lack of commercial use or market for the minerals. 
</P>
<P>(2) The regulatory authority may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of this part if: 
</P>
<P>(i) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices; and 
</P>
<P>(ii) Except as provided in paragraph (b)(3) of this section, the stockpiled other minerals do not exceed a 12-month supply of the mineral required for future sales as approved by the regulatory authority on the basis of the exemption application. 
</P>
<P>(3) The regulatory authority may allow an operator to utilize tonnages of stockpiled other minerals beyond the 12-month limit established in paragraph (b)(2) of this section if the operator can demonstrate to the regulatory authority's satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals. 
</P>
<P>(4) The regulatory authority may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established by paragraphs (b) (2) and (3) of this section based on additional information available to the regulatory authority.


</P>
</DIV8>


<DIV8 N="§ 702.17" NODE="30:3.0.1.1.3.0.1.10" TYPE="SECTION">
<HEAD>§ 702.17   Revocation and enforcement.</HEAD>
<P>(a) Regulatory authority responsibility. The regulatory authority shall conduct an annual compliance review of the mining area, utilizing the annual report submitted pursuant to § 702.18, an on-site inspection and any other information available to the regulatory authority. 
</P>
<P>(b) If the regulatory authority has reason to believe that a specific mining area was not exempt under the provisions of this part or counterpart provisions of the State regulatory program at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the regulatory authority shall notify the operator that the exemption may be revoked and the reason(s) therefor. The exemption will be revoked unless the operator demonstrates to the regulatory authority within 30 days that the mining area in question should continue to be exempt. 
</P>
<P>(c)(1) If the regulatory authority finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the regulatory authority shall revoke the exemption and immediately notify the operator and intervenors. If a decision is made not to revoke an exemption, the regulatory authority shall immediately notify the operator and intervenors. 
</P>
<P>(2) Any adversely affected person may request administrative review of a decision whether to revoke an exemption within 30 days of the notification of such decision in accordance with procedures established under 43 CFR 4.1280 when OSM is the regulatory authority or under corresponding State procedures when a State is the regulatory authority. 
</P>
<P>(3) A petition for administrative review filed under 43 CFR 4.1280 or under corresponding State procedures shall not suspend the effect of a decision whether to revoke an exemption. 
</P>
<P>(d) <I>Direct enforcement.</I> (1) An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of the regulatory program which occurred prior to the revocation of the exemption. 
</P>
<P>(2) An operator who does not conduct activities in accordance with the terms of an approved exemption and knows or should know such activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of the regulatory program which occur during the period of such activities. 
</P>
<P>(3) Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit is obtained and shall comply with the reclamation standards of the applicable regulatory program with regard to conditions, areas and activities existing at the time of revocation or denial. 


</P>
</DIV8>


<DIV8 N="§ 702.18" NODE="30:3.0.1.1.3.0.1.11" TYPE="SECTION">
<HEAD>§ 702.18   Reporting requirements.</HEAD>
<P>(a)(1) Following approval by the regulatory authority of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the regulatory authority containing the information specified in paragraph (b) of this section. 
</P>
<P>(2) The report shall be filed no later than 30 days after the end of the 12-month period as determined in accordance with the definition of <I>Cumulative measurement period</I> in § 702.5 of this part. 
</P>
<P>(3) The information in the report shall cover: 
</P>
<P>(i) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding 12-month period, and 
</P>
<P>(ii) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals. 
</P>
<P>(b) For each period and mining area covered by the report, the report shall specify: 
</P>
<P>(1) The number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales; 
</P>
<P>(2) The number of tons of coal extracted and used or transferred by the operator or related entity and the estimated total fair market value of such coal; 
</P>
<P>(3) The number of tons of coal stockpiled; 
</P>
<P>(4) The number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total revenue derived from such sales;
</P>
<P>(5) The number of tons of other commercially valuable minerals extracted and used or transferred by the operator or related entity and the estimated total fair market value of such minerals; and
</P>
<P>(6) The number of tons of other commercially valuable minerals removed and stockpiled by the operator. 


</P>
</DIV8>

</DIV5>


<DIV5 N="705" NODE="30:3.0.1.1.4" TYPE="PART">
<HEAD>PART 705—RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 56060, Oct. 20, 1977, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 705.1" NODE="30:3.0.1.1.4.0.1.1" TYPE="SECTION">
<HEAD>§ 705.1   Purpose.</HEAD>
<P>This part sets forth the minimum policies and procedures that States must establish and use to implement section 517(g) of the Act in order to eligible for reimbursement of costs of enforcing and administering the initial regulatory program under section 502, or for grants for developing, administering and enforcing a State regulatory program under section 705 of the Act, or to assume primary regulatory authority under section 503 of the Act (Pub. L. 95-87). Compliance with the policies and procedures in this part will satisfy the requirements of section 517(g) of the Act. Section 517(g) prohibits certain employees of the State Regulatory Authority from having any direct or indirect financial interest in any underground or surface coal mining operation. The regulations in this part are applicable to employees of the State Regulatory Authority as defined in § 705.5. 


</P>
</DIV8>


<DIV8 N="§ 705.2" NODE="30:3.0.1.1.4.0.1.2" TYPE="SECTION">
<HEAD>§ 705.2   Objectives.</HEAD>
<P>The objectives of this part are:
</P>
<P>(a) To ensure that the States adopt a standard program for implementing the provisions in section 517(g) of the Act. 
</P>
<P>(b) To establish methods which will ensure, as required by section 517(g) of the Act, that each employee of the State Regulatory Authority who performs any function or duty under the Act does not have a direct or indirect financial interest in any underground or surface coal mining operation. 
</P>
<P>(c) To establish the methods by which the monitoring, enforcing and reporting responsibilities of the Secretary of the Interior as stated in section 517(g) will be accomplished. 


</P>
</DIV8>


<DIV8 N="§ 705.3" NODE="30:3.0.1.1.4.0.1.3" TYPE="SECTION">
<HEAD>§ 705.3   Authority.</HEAD>
<P>(a) The Secretary of the Interior is authorized by Pub. L. 95-87 to: 
</P>
<P>(1) Establish the methods by which he or she and State officials will monitor and enforce the provisions contained in section 517(g) of the Act; 
</P>
<P>(2) Establish appropriate provisions for employees of the State Regulatory Authority who perform any function or duty under the Act to file a statement and supplements thereto in order to identify any financial interest which may be affected by section 517(g), and 
</P>
<P>(3) Report annually to the Congress the actions taken and not taken during the preceding calendar year under section 517(g) of the Act. 
</P>
<P>(b) The Governor of the State, the Head of the State Regulatory Authority, or such other State official designated by State law, is authorized to expand the provisions in this part in order to meet the particular needs within the State. 
</P>
<P>(c) The Office of Inspector General, U.S. Department of the Interior, is authorized to conduct on behalf of the Secretary periodic audits related to the provisions contained in section 517(g) of the Act and related to the provisions in this part. These audits will be conducted on a cyclical basis or upon request of the Secretary or the Director. 
</P>
<CITA TYPE="N">[42 FR 56060, Oct. 20, 1977, as amended at 56 FR 46987, Sept. 17, 1991] 


</CITA>
</DIV8>


<DIV8 N="§ 705.4" NODE="30:3.0.1.1.4.0.1.4" TYPE="SECTION">
<HEAD>§ 705.4   Responsibility.</HEAD>
<P>(a) The Head of each State Regulatory Authority shall; 
</P>
<P>(1) Provide advice, assistance, and guidance to all State employees required to file statements pursuant to § 705.11; 
</P>
<P>(2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation; 
</P>
<P>(3) Resolve prohibited financial interest situations by ordering or initiating remedial action or by reporting the violations to the Director who is responsible for initiating action to impose the penalties of the Act; 
</P>
<P>(4) Certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved, and that no other prohibited interests have been identified from the statement; 
</P>
<P>(5) Submit to the Director such Statistics and information as he or she may request to enable preparation of the required annual report to Congress; 
</P>
<P>(6) Submit to the Director the initial listing and the subsequent annual listings of positions as required by § 705.11 (b), (c), and (d); 
</P>
<P>(7) Furnish a blank statement 45 days in advance of the filing date established by § 705.13(a) to each State employee required to file a statement; and 
</P>
<P>(8) Inform annually each State employee required to file a statement with the Head of the State Regulatory Authority, or such other official designated by State law or regulation, of the name, address, and telephone number of the person whom they may contact for advice and counseling. 
</P>
<P>(b) The Director, Office of Surface Mining Reclamation and Enforcement, shall: 
</P>
<P>(1) Provide advice, assistance, and counseling to the Heads of all State Regulatory Authorities concerning implementation of these regulations; 
</P>
<P>(2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each Head of the State Regulatory Authority. The Director will review the statement to determine if the Head of the State Regulatory Authority has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation; 
</P>
<P>(3) Recommend to the State Attorney General, or such other State official designated by State law or the Governor of the State, the remedial action to be ordered or initiated, recommend to the Secretary that action be taken to impose the penalties of the Act, or recommend to the Secretary that other appropriate action be taken with respect to reimbursements, grants, or State programs; 
</P>
<P>(4) Certify on each statement filed by the Head of the State Regulatory Authority that the State has completed the review of the statement, that prohibited financial interests have been resolved, and that no other prohibited interests have been identified from the statement; 
</P>
<P>(5) Monitor the program by using reports requested from Heads of State Regulatory Authorities and by using periodic audits performed by the Office of Inspector General, U.S. Department of the Interior; 
</P>
<P>(6) Prepare for the Secretary of the Interior a consolidated report to the Congress as part of the annual report submitted under section 706 of the Act, on the actions taken and not taken during the preceding calendar year under section 517(g); 
</P>
<P>(7) Designate if so desired other qualified Office of Surface Mining Reclamation and Enforcement employees as assistant counselors to assist with the operational duties associated with filing and reviewing the statements from the Heads of each State Regulatory Authority; 
</P>
<P>(8) Furnish a blank statement by December 15 of each year, to the Head of each State Regulatory Authority; and 
</P>
<P>(9) Inform annually, the head of each State Regulatory Authority of the requirement to file his or her statement with the Director and supply the name, address, and telephone number of the person whom they may contact for advice and counseling. 
</P>
<P>(c) State Regulatory Authority employees performing any duties or functions under the Act shall: 
</P>
<P>(1) Have no direct or indirect financial interest in coal mining operations; 
</P>
<P>(2) File a fully completed statement of employment and financial interest 120 days after these regulations become effective or upon entrance to duty, and annually thereafter on the specified filing date; and 
</P>
<P>(3) Comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action. 
</P>
<P>(d) Members of advisory boards and commissions established in accordance with State laws or regulations to represent multiple interests, who perform a function or duty under the Act, shall recuse themselves from proceedings which may affect their direct or indirect financial interests.
</P>
<CITA TYPE="N">[42 FR 56060, Oct. 20, 1977, as amended at 51 FR 37122, Oct. 17, 1986; 56 FR 46987, Sept. 17, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 705.5" NODE="30:3.0.1.1.4.0.1.5" TYPE="SECTION">
<HEAD>§ 705.5   Definitions.</HEAD>
<P><I>Act.</I> Means the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87. 
</P>
<P><I>Coal mining operation.</I> Means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities occur. 
</P>
<P><I>Direct financial interest.</I> Means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships. 
</P>
<P><I>Director.</I> Means the Director or Acting Director of the Office of Surface Mining Reclamation and Enforcement within the U.S. Department of the Interior. 
</P>
<P><I>Employee.</I> Means (a) any person employed by the State Regulatory Authority who performs any function or duty under the Act, and (b) advisory board or commission members and consultants who perform any function or duty under the Act, if they perform decisionmaking functions for the State Regulatory Authority under the authority of State law or regulations. However, members of advisory boards or commissions established in accordance with State law or regulations to represent multiple interests are not considered to be employees. State officials may through State law or regulations expand this definition to meet their program needs. 
</P>
<P><I>Indirect financial interest.</I> Means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest. 
</P>
<P><I>Office.</I> Means the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior. 
</P>
<P><I>Performing any function or duty under this Act.</I> Means those decisions or actions, which if performed or not performed by an employee, affect the programs under the Act. 
</P>
<P><I>Prohibited financial interest.</I> Means any direct or indirect financial interest in any coal mining operation. 
</P>
<P><I>Secretary.</I> Means the Secretary of the Interior. 
</P>
<P><I>State Regulatory Authority.</I> Means that office in each State which has primary responsibility at the State level for administering this Act. Until an office is established under the provisions of section 503 or section 504 of the Act, this term shall refer to those existing State offices having primary jurisdiction for regulating, enforcing, and inspecting any surface coal mining and reclamation operations within the State during the interim period between the effective date of the Act and the establishment of the State Regulatory Authority under section 503 or section 504. 


</P>
</DIV8>


<DIV8 N="§ 705.6" NODE="30:3.0.1.1.4.0.1.6" TYPE="SECTION">
<HEAD>§ 705.6   Penalties.</HEAD>
<P>(a) Criminal penalties are imposed by section 517(g) of the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87. Section 517(g) prohibits each employee of the State Regulatory Authority who performs any function or duty under the Act from having a direct or indirect financial interest in any underground or surface coal mining operation. The Act provides that whoever knowingly violates the provisions of section 517(g) shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both.
</P>
<P>(b) Regulatory penalties are imposed by this part. The provisions in section 517(g) of the Act make compliance with the financial interest requirements a condition of employment for employees of the State Regulatory Authority who perform any functions or duties under the Act. Accordingly, an employee who fails to file the required statement will be considered in violation of the intended employment provisions of section 517(g) and will be subject to removal from his or her position.


</P>
</DIV8>


<DIV8 N="§ 705.10" NODE="30:3.0.1.1.4.0.1.7" TYPE="SECTION">
<HEAD>§ 705.10   Information collection.</HEAD>
<P>The collections of information contained in §§ 705.11 and 705.17 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0067. The information is being collected on OSM Form 23 and will be used to meet the requirements of section 517(g) of the Surface Mining Control and Reclamation Act of 1977, which provides that no employee of the State regulatory authority shall have direct or indirect financial interests in any underground or surface coal mining operation. This information will be used by officials of the state regulatory authority to determine whether each State employee complies with the financial interest provisions of section 517(g). The obligation to respond is mandatory in accordance with section 517(g). Public reporting burden for this information is estimated to average 20 minutes per response per state employee and 30 minutes per response per State regulatory authority, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Office of Surface Mining, 1951 Constitution Avenue NW., room 5415-L, Washington, DC 20240; and the Office of Management and Budget, Paperwork Reduction Project 1029-0067, Washington, DC 20503.
</P>
<CITA TYPE="N">[56 FR 46988, Sept. 17, 1991] 


</CITA>
</DIV8>


<DIV8 N="§ 705.11" NODE="30:3.0.1.1.4.0.1.8" TYPE="SECTION">
<HEAD>§ 705.11   Who shall file.</HEAD>
<P>(a) Any employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. Members of advisory boards and commissions established in accordance with State laws or regulations to represent multiple interests, who perform a function or duty under the Act, must file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Head of the State Regulatory Authority not to involve performance of any function or duty under the Act or who is no longer employed by the State Regulatory Authority at the time a filing is due, is not required to file a statement.
</P>
<P>(b) The Head of each State Regulatory Authority shall prepare a list of those positions within the State Regulatory Authority that do not involve performance of any functions or duties under the Act. State Regulatory Authorities may be organized to include more activities than are covered by the Act. For example, if a State has identified its Department of Natural Resources as the State Regulatory Authority there may be only one or two offices within that Department which have employees who perform any functions, or duties under the Act. In those cases, the Head of the State Regulatory Authority shall list the title of boards, offices, bureaus or divisions within the State Regulatory Authority which do not perform any functions or duties under the Act and list the positions not performing functions or duties under the Act for only those boards, offices, bureaus or divisions that do have some employees performing functions or duties under the Act. Only those employees who are employed in a listed organizational unit or who occupy a listed position will be exempted from the filing requirements of section 517(g) of the Act.
</P>
<P>(c) The Head of each State Regulatory Authority shall prepare and submit to the director, an initial listing of positions that do not involve performance of any functions or duties under the Act within 60 days of the effective date of these regulations.
</P>
<P>(d) The Head of each State Regulatory Authority shall annually review and update this listing. For monitoring and reporting reasons, the listing must be submitted to the Director and must contain a written justification for inclusion of the positions listed. Proposed revisions or a certification that revision is not required shall be submitted to the Director by no later than September 30 of each year. The Head of each State Regulatory Authority may revise the listing by the addition or deletion of positions at any time he or she determines such revisions are required to carry out the purpose of the law or the regulations of this part. Additions to and deletions from the listing of positions are effective upon notification to the incumbents of the positions added or deleted.
</P>
<P>(e) The Secretary or the Director may modify the listing at any time one or both of them determines that the listing submitted by the Head of a State Regulatory Authority indicates that coverage is not sufficient to carry out the purpose of the law or the regulations of this part.
</P>
<CITA TYPE="N">[42 FR 56060, Oct. 20, 1977, as amended at 51 FR 37122, Oct. 17, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 705.13" NODE="30:3.0.1.1.4.0.1.9" TYPE="SECTION">
<HEAD>§ 705.13   When to file.</HEAD>
<P>(a) Employees and members of advisory boards and commissions representing multiple interests performing functions or duties under the Act shall file:
</P>
<P>(1) Within 120 days of the effective date of these regulations; and
</P>
<P>(2) Annually on February 1 of each year, or at such other date as may be agreed to by the Director, provided that such alternative date will allow sufficient time to obtain information needed by the Director for his or her annual report to the Congress.
</P>
<P>(b) New employees and new members of advisory boards and commissions representing multiple interest hired, appointed, or transferred to perform functions or duties under the Act will be required to file at the time of entrance to duty.
</P>
<P>(c) New employees and new members of advisory boards and commissions representing multiple interests are not required to file an annual statement on the subsequent annual filing date if this date occurs within two months after their initial statement was filed. For example, an employee entering duty on December 2, 1986 would file a statement on that date. Because December 2 is within two months of February 1 the employee would not be required to file his or her next annual statement until February 1, 1988.
</P>
<CITA TYPE="N">[51 FR 37122, Oct. 17, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 705.15" NODE="30:3.0.1.1.4.0.1.10" TYPE="SECTION">
<HEAD>§ 705.15   Where to file.</HEAD>
<P>The head of the State Regulatory Authority shall file his or her statement with the Director. All other employees and members of advisory boards and commissions representing multiple interests, as provided in § 705.11, shall file their statements with the head of the State Regulatory Authority or such other official as may be designated by State law or regulation.
</P>
<CITA TYPE="N">[51 FR 37122, Oct. 17, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 705.17" NODE="30:3.0.1.1.4.0.1.11" TYPE="SECTION">
<HEAD>§ 705.17   What to report.</HEAD>
<P>(a) Each employee shall report all information required on the statement of employment and financial interests of the employee, his or her spouse, minor children, or other relatives who are fulltime residents of the employee's home. The report shall be on OSM Form 23 as provided by the Office. The statement consists of three major parts, (1) a listing of all financial interests, including employment, security, real property, creditor and other financial interests held during the course of the preceding year, (2) a certification that none of the listed financial interests represent a direct or indirect financial interest in an underground or surface coal mining operation except as specifically identified and described by the employee as part of the certificate and (3) a certification by the reviewer that the form was reviewed, that prohibited interests have been resolved, and that no other prohibited interests have been identified from the statement.
</P>
<P>(b) Listing of all financial interests. The statement will set forth the following information regarding any financial interest:
</P>
<P>(1) <I>Employment.</I> Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. The employee, his or her spouse or other resident relative is not required to report a retirement plan from which he or she will receive a guaranteed income. A guaranteed income is one which is unlikely to be changed as a result of actions taken by the State Regulatory Authority.
</P>
<P>(2) <I>Securities.</I> Any financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities or other arrangements including trusts. An employee is not required to report mutual funds, investment clubs or regulated investment companies not specializing in underground and surface coal mining operations.
</P>
<P>(3) <I>Real Property.</I> Ownership, lease, royalty or other interests or rights in lands or minerals. Employees are not required to report lands developed and occupied for a personal residence.
</P>
<P>(4) <I>Creditors.</I> Debts owed to business entities and nonprofit organizations. Employees are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses.
</P>
<P>(c) Employee certification, and, if applicable, a listing of exceptions.
</P>
<P>(1) The statement will provide for a signed certification by the employee that to the best of his or her knowledge, (i) none of the listed financial interests represent an interest in an underground or surface coal mining operation except as specifically identified and described as exceptions by the employee as part of the certificate, and (ii) the information shown on the statement is true, correct, and complete.
</P>
<P>(2) An employee is expected to (i) have complete knowledge of his or her personal involvement in business enterprises such as a sole proprietorship and partnership, his or her outside employment and the outside employment of the spouse and other covered relatives, and (ii) be aware of the information contained in the annual financial statement or other corporate or business reports routinely circulated to investors or routinely made available to the public.
</P>
<P>(3) The exceptions shown in the employee certification of the form must provide enough information for the Head of the State Regulatory Authority to determine the existence of a direct or indirect financial interest. Accordingly, the exceptions should:
</P>
<P>(i) List the financial interests;
</P>
<P>(ii) Show the number of shares, estimated value or annual income of the financial interests; and
</P>
<P>(iii) Include any other information which the employee believes should be considered in determining whether or not the interest represents a prohibited interest.
</P>
<P>(4) Employees are cautioned to give serious consideration to their direct and indirect financial interests before signing the statement of certification. Signing the certification without listing known prohibited financial interests may be cause for imposing the penalties prescribed in § 705.6(a).
</P>
<CITA TYPE="N">[42 FR 56060, Oct. 20, 1977, as amended at 56 FR 46988, Sept. 17, 1991] 


</CITA>
</DIV8>


<DIV8 N="§ 705.18" NODE="30:3.0.1.1.4.0.1.12" TYPE="SECTION">
<HEAD>§ 705.18   Gifts and gratuities.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or any other thing of monetary value, from a coal company which:
</P>
<P>(1) Conducts or is seeking to conduct, operations or activities that are regulated by the State Regulatory Authority; or
</P>
<P>(2) Has interests that may be substantially affected by the performance or non-performance of the employee's official duty.
</P>
<P>(b) The prohibitions in paragraph (a) of this section do not apply in the context of obvious family or personal relationships, such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. An employee may accept:
</P>
<P>(1) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner, or other meeting where an employee may properly be in attendance; and
</P>
<P>(2) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal value.
</P>
<P>(c) Employees found guilty of violating the provisions of this section will be subject to administrative remedies in accordance with existing or adopted State regulations or policies.


</P>
</DIV8>


<DIV8 N="§ 705.19" NODE="30:3.0.1.1.4.0.1.13" TYPE="SECTION">
<HEAD>§ 705.19   Resolving prohibited interests.</HEAD>
<P>(a) Actions to be taken by the Head of the State Regulatory Authority:
</P>
<P>(1) Remedial action to effect resolution. If an employee has a prohibited financial interest, the Head of the State Regulatory Authority shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within 90 days.
</P>
<P>(2) Remedial action may include:
</P>
<P>(i) Reassignment of the employee to a position which performs no function or duty under the Act, or
</P>
<P>(ii) Divestiture of the prohibited financial interest, or
</P>
<P>(iii) Other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict.
</P>
<P>(3) Reports of noncompliance. If 90 days after an employee is notified to take remedial action that employee is not in compliance with the requirements of the Act and these regulations, the Head of the State Regulatory Authority shall report the facts of the situation to the Director who shall determine whether action to impose the penalties prescribed by the Act should be initiated. The report to the Director shall include the original or a certified true copy of the employee's statement and any other information pertinent to the Director's determination, including a statement of actions being taken at the time the report is made.
</P>
<P>(b) Actions to be taken by the Director:
</P>
<P>(1) Remedial action to effect resolution. Violations of the regulations in this part of the Head of a State Regulatory Authority, will be cause for remedial action by the Governor of the State or other appropriate State official based on recommendations from the Director on behalf of the Secretary. The Governor or other appropriate State official shall promptly advise the Head of the State Regulatory Authority that remedial action which will resolve the prohibited interest is required within 90 days.
</P>
<P>(2) Remedial action should be consistent with the procedures prescribed for other State employees by § 705.19(a)(2).
</P>
<P>(3) Reports on noncompliance.
</P>
<P>(i) If 90 days after the Head of State Regulatory Authority is notified to take remedial action the Governor or other appropriate State official notifies the Director that the Head of the State Regulatory Authority is not in compliance with the Act and these regulations, the Director shall report the facts of the situation to the Secretary who shall determine whether the action to impose the penalties prescribed by the Act, or to impose the eligibility restrictions prescribed by § 705.1 should be initiated.
</P>
<P>(ii) Within 30 days of receipt of a noncompliance report from the Head of a Regulatory Authority under § 705.19(a)(3), the Director shall notify the Head of the State Regulatory Authority and the employee involved of additional action to be taken. Actions which the Director may take include but are not limited to the granting of additional time for resolution or the initiation of action to impose the penalties prescribed by the Act. 


</P>
</DIV8>


<DIV8 N="§ 705.21" NODE="30:3.0.1.1.4.0.1.14" TYPE="SECTION">
<HEAD>§ 705.21   Appeals procedures.</HEAD>
<P>Employees have the right to appeal an order for remedial action under § 705.19, and shall have 30 days to exercise this right before disciplinary action is initiated.
</P>
<P>(a) Employees other than the Head of the State Regulatory Authority, may file their appeal, in writing, through established procedures within their particular State.
</P>
<P>(b) The Head of the State Regulatory Authority may file his or her appeal, in writing, with the Director who will refer it to the Conflict of Interest Appeals Board within the U.S. Department of the Interior. 


</P>
</DIV8>

</DIV5>


<DIV5 N="706" NODE="30:3.0.1.1.5" TYPE="PART">
<HEAD>PART 706—RESTRICTION ON FINANCIAL INTERESTS OF FEDERAL EMPLOYEES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 56060, Oct. 20, 1977, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 706.1" NODE="30:3.0.1.1.5.0.1.1" TYPE="SECTION">
<HEAD>§ 706.1   Purpose.</HEAD>
<P>This part sets forth the minimum policies and procedures to be followed by Federal employees to satisfy the requirements of section 201(f) of the Act. The requirements of this part are in addition to Executive Order 11222 of May 8, 1965, and other applicable regulations related to conflict of interest. Section 201(f) prohibits certain Federal employees from having any direct or indirect financial interest in underground or surface coal mining operations. The regulations of this part are applicable to Federal employees as defined in § 706.3.


</P>
</DIV8>


<DIV8 N="§ 706.2" NODE="30:3.0.1.1.5.0.1.2" TYPE="SECTION">
<HEAD>§ 706.2   Objectives.</HEAD>
<P>The objectives of this part are:
</P>
<P>(a) To ensure that affected Federal agencies adopt a standard program for implementing the provisions in section 201(f) of the Act.
</P>
<P>(b) To establish methods which will ensure, as required by section 201(f) of the Act, that each Federal employee who performs any function or duty under the Act does not have a direct or indirect financial interest in an underground or surface coal mining operation.
</P>
<P>(c) To establish the methods by which the monitoring, enforcing and reporting responsibilities of the Director and the Secretary of the Interior under section 201(f) will be accomplished.


</P>
</DIV8>


<DIV8 N="§ 706.3" NODE="30:3.0.1.1.5.0.1.3" TYPE="SECTION">
<HEAD>§ 706.3   Definitions.</HEAD>
<P><I>Act.</I> Means the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87.
</P>
<P><I>Coal mining operation.</I> Means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite or lignite or of reclaiming the areas upon which such activities occur.
</P>
<P><I>Direct financial interest.</I> Means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships.
</P>
<P><I>Director.</I> Means the Director or Acting Director of the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior.
</P>
<P><I>Employee.</I> Means any person employed by the Office of Surface Mining Reclamation and Enforcement within the U.S. Department of the Interior and any other person employed by the Federal Government who performs functions or duties under the Act without regard to the duration or nature of his or her appointment.
</P>
<P><I>Indirect financial interest.</I> Means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including inlaws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.
</P>
<P><I>Office.</I> Means the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior.
</P>
<P><I>Other Federal agency.</I> Means any executive Federal agency or office or part thereof not a part of the U.S. Department of the Interior, and includes but is not limited to, the following agencies: The Department of Agriculture, the Department of Justice, the Corps of Engineers, the Environmental Protection Agency, the Council on Environmental Quality and the Energy Research and Development Administration.
</P>
<P><I>Performing any function or duty under this act.</I> Means those decisions or actions, which if performed or not performed by an employee, affect the programs under the Act.
</P>
<P><I>Prohibited financial interest.</I> Means any direct or indirect financial interest in any coal mining operation.
</P>
<P><I>Secretary.</I> Means the Secretary of the Interior.


</P>
</DIV8>


<DIV8 N="§ 706.4" NODE="30:3.0.1.1.5.0.1.4" TYPE="SECTION">
<HEAD>§ 706.4   Authority.</HEAD>
<P>(a) The Director is authorized by Pub. L. 95-87 to:
</P>
<P>(1) Establish the methods by which the provisions in section 201(f) of the Act will be monitored and enforced;
</P>
<P>(2) Establish appropriate provisions for all employees who perform any function or duty under the Act to file a statement and supplements thereto concerning their financial interests which may be affected by section 201(f); and
</P>
<P>(3) Report annually to the Congress on the actions taken and not taken during the preceding calendar year under section 201(f) of the Act.
</P>
<P>(b) Other Federal agencies with employees who perform functions or duties under the Act may adopt financial interest regulations pursuant to the Act which are consistent with the requirements in this part. If any such agency does not adopt regulations pursuant to this part, that agency shall enter into a memorandum of understanding with the Director, to have the employees of that agency who perform functions or duties under the Act file their statements with the Director. The Director will review statements filed with him or her, applying the regulations of the Department of the Interior. Where the Director determines that remedial action is necessary, he or she will refer the case to the employing agency with a recommendation as to the action to be taken.
</P>
<P>(c) The Office of Inspector General within the U.S. Department of the Interior, will conduct periodic audits of Interior's compliance with the provisions contained in section 201(f) of the Act and the provisions of this part. The Office of Inspector General will arrange for such periodic audits of other Federal agencies to be performed by the audit unit of each such agency. The audits will be conducted on a cyclical basis or upon request of the Secretary of the Interior or the Director. Copies of all audit reports and related responses on corrective actions will be provided to the Director.
</P>
<CITA TYPE="N">[42 FR 56060, Oct. 20, 1977, as amended at 56 FR 46988, Sept. 17, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 706.5" NODE="30:3.0.1.1.5.0.1.5" TYPE="SECTION">
<HEAD>§ 706.5   Responsibility.</HEAD>
<P>(a) The Director, the Head of each other Federal agency, and the Head of each other bureau or office within the U.S. Department of the Interior, have the following common responsibilities concerning employees within their organizations performing any functions or duties under the Act, and shall:
</P>
<P>(1) Provide advice, assistance and counseling to employees concerning financial interest matters related to the Act;
</P>
<P>(2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each employee to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation;
</P>
<P>(3) Certify on each statement that review has been made, that prohibited financial interests if any, have been resolved, and that no other prohibited interests have been identified from the statement;
</P>
<P>(4) Resolve prohibited financial interest situations by promptly notifying and ordering the employee to take remedial action within 90 days, or by initiating action to impose the penalties of the Act;
</P>
<P>(5) Furnish a blank statement by December 15 of each year to each employee required to file a statement within his or her employing organization; and
</P>
<P>(6) Inform annually each employee required to file a statement within his or her employing organization of the name, address, and telephone number of the person whom they may contact for advice and counseling.
</P>
<P>(b) In addition to the common responsibilities in paragraph (a) of this section the Director shall:
</P>
<P>(1) Monitor the program by using reports requested from the Heads of other Federal agencies, from the Heads of other bureaus and offices within the U.S. Department of the Interior, and by using periodic audits performed by the Office of Inspector General, U.S. Department of the Interior and by other Federal agencies;
</P>
<P>(2) Prepare for the Secretary a consolidated report to the Congress as part of the annual report submitted under section 706 of the Act, on the actions taken and not taken during the preceding calendar year under section 201(f);
</P>
<P>(3) Refer recommendations to officials of other Federal agencies concerning those cases requiring remedial action for employees of the other Federal agency who filed with the Director because that other Federal agency did not choose to adopt its own financial interest regulations pursuant to the Act.
</P>
<P>(4) Report to the Solicitor, U.S. Department of the Interior, through the Office of Inspector General, U.S. Department of the Interior, cases of knowing violations of the provisions in section 201(f). The Solicitor will transfer such reports to the U.S. Department of Justice.
</P>
<P>(5) Designate, if so desired, other qualified Office employees as assistant counselors to assist with the operational duties associated with filing and reviewing financial statements;
</P>
<P>(6) Furnish an adequate supply of blank statements to the Heads of those other Federal agencies which decide to have their employees file with the Director; and
</P>
<P>(7) Submit to the Department of the Interior Ethics Counselor such statistics and information he may request in accordance with 43 CFR 20.735-17 as adopted.
</P>
<P>(c) In addition to the common responsibilities in paragraph (a) of this section, the Head of each other Federal agency with employees performing any functions or duties under the Act shall:
</P>
<P>(1) Decide whether to adopt independent procedures for the filing and review of financial statements or to enter into a memorandum of understanding with the Director that the U.S. Department of the Interior will provide and review the financial statements and recommend any necessary remedial action to the Head of the employing agency;
</P>
<P>(2) Submit to the Director such statistics and information the Director may request to enable preparation of the required annual report to the Congress, and to ensure uniform application of the provision in section 201(f) of the Act; and
</P>
<P>(3) Report to the Director and the U.S. Department of Justice cases of knowing violations of the provisions in section 201(f).
</P>
<P>(d) In addition to the common responsibilities in paragraph (a), the Heads of other bureaus or offices within the U.S. Department of the Interior with employees performing any functions or duties under the Act shall:
</P>
<P>(1) Submit to the Director such statistics and information the Director may request to enable preparation of the required annual report to Congress, and to ensure uniform application of provisions in section 201(f) of the Act;
</P>
<P>(2) Submit to the Department of the Interior Ethics Counselor such statistics and information he may request in accordance with 43 CFR 20.735-17 as adopted, and
</P>
<P>(3) Report to the Director cases of knowing violations of the provisions in section 201(f).
</P>
<P>(e) Employees shall:
</P>
<P>(1) Have no direct or indirect financial interests in coal mining operations;
</P>
<P>(2) File a fully completed statement of employment and financial interests 120 days after these regulations become effective or upon entrance to duty, and annually thereafter on the specified filing date, and
</P>
<P>(3) Comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action.
</P>
<CITA TYPE="N">[42 FR 56060, Oct. 20, 1977, as amended at 56 FR 46988, Sept. 19, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 706.6" NODE="30:3.0.1.1.5.0.1.6" TYPE="SECTION">
<HEAD>§ 706.6   Penalties.</HEAD>
<P>(a) Criminal penalties are imposed by section 201(f) of the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87, which prohibits each employee of the Office or any other Federal employee who performs any function or duty under the Act from having a direct or indirect financial interest in underground or surface coal mining operations. The Act provides that whoever knowingly violates the provisions of section 201(f) shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment for not more than one year, or both.
</P>
<P>(b) Regulatory penalties are imposed by this part. The provisions in section 201(f) of the Act make compliance with the financial interest requirements a condition of employment for all Office employees and for other Federal employees who perform any functions or duties under the Act. Accordingly, an employee who fails to file the required financial statement will be considered in violation of the intended employment provisions of section 201(f) and will be subject to removal from his or her position.


</P>
</DIV8>


<DIV8 N="§ 706.11" NODE="30:3.0.1.1.5.0.1.7" TYPE="SECTION">
<HEAD>§ 706.11   Who shall file.</HEAD>
<P>(a) Every employee in the Office is required to file a statement of employment and financial interests.
</P>
<P>(b) Any other Federal employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. The Head of each other Federal agency and the Heads of other bureaus and offices within the U.S. Department of the Interior shall prepare and submit a report within 60 days of the effective date of these regulations, either listing the Federal positions identified as performing functions or duties under the Act, or listing the organizational unit and showing the total number of employees within the unit who must file a statement. Revision to the listing or certification that revision is not required shall be submitted to the Director by no later than September 30 of each year. The Secretary, the Director, or the Heads of the other affected Federal organizations may revise the list by the addition or deletion of positions at any time such revisions are required to carry out the purpose of the law or regulations of this part. Additions to or deletions from the list of positions are effective upon notification to the incumbents. 


</P>
</DIV8>


<DIV8 N="§ 706.13" NODE="30:3.0.1.1.5.0.1.8" TYPE="SECTION">
<HEAD>§ 706.13   When to file.</HEAD>
<P>(a) Employees performing functions or duties under the Act will be required to file: 
</P>
<P>(1) Within 120 days of the effective date of these regulations, and 
</P>
<P>(2) Annually on February 1 of each year or at such other date as may be agreed to by the Director, provided that such alternative date will allow sufficient time to obtain information needed by the Director for his or her annual report to the Congress. 
</P>
<P>(b) New employees hired, appointed, or transferred to perform functions or duties under the Act will be required to file at the time of entrance to duty. 
</P>
<P>(c) New employees are not required to file an annual statement on the subsequent annual filing date if this date occurs within two months after their initial statement was filed. For example, an employee entering duty on December 1, 1978 would file a statement on that date. Because December 1 is within two months of February 1 the employee would not be required to file his or her next annual statement until February 1, 1980. 


</P>
</DIV8>


<DIV8 N="§ 706.15" NODE="30:3.0.1.1.5.0.1.9" TYPE="SECTION">
<HEAD>§ 706.15   Where to file.</HEAD>
<P>(a) Each Office employee shall file his or her statement of employment and financial interests with the Director. 
</P>
<P>(b) Each Department of the Interior employee, who is not an Office employee but does perform any function or duty under the Act, shall file a statement of employment and financial interests with his or her appropriate Ethics Counselor as identified in 43 CFR 20.735-22(c). 
</P>
<P>(c) Each employee of another Federal agency who performs a function or duty under the Act shall file a statement of employment and financial interests with the official designated by the Head of the other Federal agency. 


</P>
</DIV8>


<DIV8 N="§ 706.17" NODE="30:3.0.1.1.5.0.1.10" TYPE="SECTION">
<HEAD>§ 706.17   What to report.</HEAD>
<P>(a) Each employee shall report all information required on the statement of employment and financial interests of the employee, his or her spouse, minor children, or other relatives who are fulltime residents of the employee's home. The report shall be on a form provided by the Office or on a similar form adopted by another Federal agency. The statement shall consist of three major parts, (1) a listing of all financial interests, including employment, security, real property, creditor and other financial interests held during the course of the preceding year, (2) a certification that none of the listed financial interests represent a direct or indirect financial interest in an underground or surface coal mining operation except as specifically identified and described by the employee as part of the certificate, and (3) a certification by the reviewer that the form was reviewed, that prohibited interests have been resolved, and that no other prohibited interests have been identified from the statement. 
</P>
<P>(b) Listing of all financial interests. The statement will set forth the following information regarding any financial interest: 
</P>
<P>(1) <I>Employment.</I> Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. The employee, his or her spouse or other resident relative is not required to report a statement plan from which he or she will receive a guaranteed income. A guaranteed income is one which is unlikely to be changed as a result of actions taken by the Federal Government under the Act. 
</P>
<P>(2) <I>Securities.</I> Any financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities or other arrangements including trusts. An employee is not required to report holdings in widely diversified mutual funds, investment clubs or regulated investment companies not specializing in underground and surface coal mining operations. 
</P>
<P>(3) <I>Real property.</I> Ownership, lease, royalty or other interests or rights in lands or minerals. Employees are not required to report lands developed and occupied for a personal residence. 
</P>
<P>(4) <I>Creditors.</I> Debts owed to business entities and nonprofit organizations. Employees are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses. 
</P>
<P>(c) Employee certification, and if applicable, a listing of exceptions. 
</P>
<P>(1) The statement will provide for a signed certification by the employee that to the best of his or her knowledge, (i) none of the listed financial interests represent an interest in an underground or surface coal mining operation except as specifically identified and described as exceptions by the employee as part of the certificate, and (ii) the information shown on the statement is true, correct, and complete. 
</P>
<P>(2) An employee is expected to (i) have complete knowledge of his or her personal involvement in business enterprises such as a sole proprietorship and partnership, his or her outside employment and the outside employment of the spouse and other covered relatives, and (ii) be aware of the information contained in the annual financial statements or other corporate or business reports routinely circulated to investors or routinely made available to the public.
</P>
<P>(3) The exceptions shown in the employee certification of the form must provide enough information for the Director, the Head of another Federal agency, or the Head of other bureaus or offices within the U.S. Department of the Interior to determine the existence of a direct or indirect financial interest. Accordingly, the exceptions should:
</P>
<P>(i) List the financial interests;
</P>
<P>(ii) Show the number of shares, estimated value or annual income of the financial interests; and
</P>
<P>(iii) Include any other information which the employee believes should be considered in determining whether or not the interest represents a prohibited interest.
</P>
<P>(4) Employees are cautioned to give serious consideration to their direct and indirect financial interests before signing the statement of certification. Signing the certification without listing known prohibited financial interests may be cause for imposing the penalties prescribed in § 706.6(a).


</P>
</DIV8>


<DIV8 N="§ 706.18" NODE="30:3.0.1.1.5.0.1.11" TYPE="SECTION">
<HEAD>§ 706.18   Gifts and gratuities.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a coal company which:
</P>
<P>(1) Conducts or is seeking to conduct operations or activities that are regulated by the Federal Government; or
</P>
<P>(2) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duty.
</P>
<P>(b) The prohibitions in paragraph (a) of this section do not apply in the context of obvious family or personal relationships, such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. An employee may accept:
</P>
<P>(1) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner, or other meeting where an employee may properly be in attendance, and
</P>
<P>(2) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal value.
</P>
<P>(c) Employees found guilty of violating the provisions of this section will be subject to administrative remedies in accordance with existing Federal regulations or policies.


</P>
</DIV8>


<DIV8 N="§ 706.19" NODE="30:3.0.1.1.5.0.1.12" TYPE="SECTION">
<HEAD>§ 706.19   Resolving prohibited interests.</HEAD>
<P>Actions to be taken by the Director, the heads of other Federal agencies, and the heads of other affected bureaus and offices within the U.S. Department of the Interior include:
</P>
<P>(a) Remedial action to effect resolution. If an employee has a prohibited financial interest, the head of the organizational entity (Department, bureau, office, etc.) where the employee works shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within 90 days.
</P>
<P>(b) Remedial action may include: (1) Reassignment of the employee to a position which performs no function or duty under the Act, or
</P>
<P>(2) Divestiture of the prohibited financial interest, or
</P>
<P>(3) Other appropriate action which either eliminates the prohibited financial interest or eliminates the situation which creates the conflict.
</P>
<P>(c) Reports of noncompliance. If 90 days after an employee is notified to take remedial action that employee is not in compliance with the requirements of the Act and these regulations, the official, other than the Director, who ordered the remedial action shall promptly report the facts of the situation to the Director. The reports to the Director shall include the original or a certified true copy of the employee's statement and any other information pertinent to the Director, including a statement of actions being taken at the time the report is made. Within 30 days of receipt of a noncompliance report, the Director shall notify the head of the employing organization and the employee involved of additional action to be taken. Actions which the Director may take include but are not limited to the granting of additional time for resolution or the initiation of action to impose the penalties prescribed by the Act.


</P>
</DIV8>


<DIV8 N="§ 706.21" NODE="30:3.0.1.1.5.0.1.13" TYPE="SECTION">
<HEAD>§ 706.21   Appeals procedures.</HEAD>
<P>Employees have the right to appeal an order for remedial action under § 706.19 and shall have 30 days to exercise this right before disciplinary action is initiated.
</P>
<P>(a) Office employees and other Department of the Interior employees may file their appeal, in writing, in accordance with the provisions in 43 CFR 20.735-25(b).
</P>
<P>(b) Employees of other Federal agencies may file their appeal, in writing, in accordance with the established procedures of their employing agency. 


</P>
</DIV8>

</DIV5>


<DIV5 N="707" NODE="30:3.0.1.1.6" TYPE="PART">
<HEAD>PART 707—EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 102, 201, 501, and 528 of Pub. L. 95-87, 91 Stat. 448, 449, 467, and 514 (30 U.S.C. 1202, 1211, 1251, 1278).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15322, Mar. 13, 1979, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 707.1" NODE="30:3.0.1.1.6.0.1.1" TYPE="SECTION">
<HEAD>§ 707.1   Scope.</HEAD>
<P>(a) This part establishes the procedures for determining those surface coal mining and reclamation operations which are exempt from the Act and this chapter because the extraction of coal is an incidental part of Federal, State, or local government-financed highway or other construction. 
</P>
<P>(b) This part exempts the extraction of coal which is incidental to government-financed construction from the requirements of the Act and this Chapter, if that extraction meets specified criteria which ensure that the construction is government-financed and that the extraction of coal is incidental to it. 


</P>
</DIV8>


<DIV8 N="§ 707.4" NODE="30:3.0.1.1.6.0.1.2" TYPE="SECTION">
<HEAD>§ 707.4   Responsibility.</HEAD>
<P>(a) The regulatory authority is responsible for enforcing the requirements of this part. 
</P>
<P>(b) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction operation, the documentation required by 30 CFR 707.12. 


</P>
</DIV8>


<DIV8 N="§ 707.5" NODE="30:3.0.1.1.6.0.1.3" TYPE="SECTION">
<HEAD>§ 707.5   Definitions.</HEAD>
<P>As used in this part, the following terms have the specified meaning: 
</P>
<P><I>Extraction of coal as an incidental part</I> means the extraction of coal which is necessary to enable the construction to be accomplished. For purposes of this part, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the Act and this chapter. 
</P>
<P><I>Government financing agency</I> means a Federal, State, county, municipal, or local unit of government, or a department, bureau, agency or office of the unit which, directly or through another unit of government, finances construction. 
</P>
<P><I>Government-financed construction</I> means construction funded at 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds. Government financing at less than 50 percent may qualify if the construction is undertaken as an approved reclamation project under Title IV of the Act. Construction funded through government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments does not qualify as government-financed construction.
</P>
<CITA TYPE="N">[44 FR 15322, Mar. 13, 1979, as amended at 64 FR 7482, Feb. 12, 1999; 68 FR 65625, Nov. 20, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 707.10" NODE="30:3.0.1.1.6.0.1.4" TYPE="SECTION">
<HEAD>§ 707.10   Information collection.</HEAD>
<P>Since the information collection requirement contained in 30 CFR 707.12 consists only of expenditures on information collection activities that would be incurred by persons in the normal course of their activities, it is exempt from the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 <I>et seq.</I>) and does not require clearance by OMB.
</P>
<CITA TYPE="N">[64 FR 7482, Feb. 12, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 707.11" NODE="30:3.0.1.1.6.0.1.5" TYPE="SECTION">
<HEAD>§ 707.11   Applicability.</HEAD>
<P>(a) Coal extraction which is an incidental part of government-financed construction is exempt from the Act and this chapter. 
</P>
<P>(b) Any person who conducts or intends to conduct coal extraction which does not satisfy paragraph (a) of this section shall not proceed until a permit has been obtained from the regulatory authority under a State, Federal or Federal lands program. 


</P>
</DIV8>


<DIV8 N="§ 707.12" NODE="30:3.0.1.1.6.0.1.6" TYPE="SECTION">
<HEAD>§ 707.12   Information to be maintained on site.</HEAD>
<P>Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and available for inspection, documents which show— 
</P>
<P>(a) A description of the construction project; 
</P>
<P>(b) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and 
</P>
<P>(c) The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.


</P>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="B" NODE="30:3.0.1.2" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER B—INITIAL PROGRAM REGULATIONS 


</HEAD>

<DIV5 N="710" NODE="30:3.0.1.2.7" TYPE="PART">
<HEAD>PART 710—INITIAL REGULATORY PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.,</I> as amended, and Pub. L. 100-34.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62677, Dec. 13, 1977, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 710.1" NODE="30:3.0.1.2.7.0.1.1" TYPE="SECTION">
<HEAD>§ 710.1   Scope.</HEAD>
<P>(a) This part provides general introductory and applicability material for the initial regulatory program required by section 502 and other sections of the Act which require early implementation. The initial regulatory program is effective until permanent programs are approved in accordance with sections 503, 504, or 523 of the Act. 
</P>
<P>(b) The initial regulatory program which this part introduces includes—
</P>
<P>(1) Environmental performance standards of parts 715 through 718 of this chapter. 
</P>
<P>(2) Inspection and enforcement procedures of parts 720 through 723 of this chapter; and 
</P>
<P>(3) Reimbursements to States of part 725 of this chapter. 


</P>
</DIV8>


<DIV8 N="§ 710.2" NODE="30:3.0.1.2.7.0.1.2" TYPE="SECTION">
<HEAD>§ 710.2   Objectives.</HEAD>
<P>The objectives of the initial regulatory program are to—
</P>
<P>(a) Protect the health and safety of the public and minimize the damage to the environment resulting from surface coal mining operations during the interval between enactment of the Act and adoption of a permanent State or Federal regulatory program; and 
</P>
<P>(b) Coordinate the State and Federal regulatory programs to accomplish the purposes of the Act. 


</P>
</DIV8>


<DIV8 N="§ 710.3" NODE="30:3.0.1.2.7.0.1.3" TYPE="SECTION">
<HEAD>§ 710.3   Authority.</HEAD>
<P>(a) The Secretary is directed to implement an initial regulatory program within six months after the date of enactment of the Act in each State which regulates any aspect of surface coal mining under one or more State laws until a State program has been approved or until a Federal program has been implemented.
</P>
<P>(b) The Secretary is also authorized to regulate surface coal mining and reclamation operations on Federal Lands by the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181-287) and the Minerals, Leasing Act for Acquired Lands (30 U.S.C. 351-359) and on Indian lands by various Indian lands acts. Additional regulations under these Acts are in 30 CFR part 211,
<SU>1</SU>
<FTREF/> 43 CFR part 3041 and 25 CFR part 177. 
</P>
<FTNT>
<P>
<SU>1</SU> <E T="04">Editorial Note:</E> 30 CFR part 211 was redesignated as 43 CFR part 3480 at 48 FR 41589, Sept. 16, 1983.</P></FTNT>
</DIV8>


<DIV8 N="§ 710.4" NODE="30:3.0.1.2.7.0.1.4" TYPE="SECTION">
<HEAD>§ 710.4   Responsibility.</HEAD>
<P>(a) Under the general direction of the Assistant Secretary, Energy and Minerals, the Director is responsible for administering the initial regulatory program established by the Secretary. 
</P>
<P>(b) The States are responsible for issuing permits and inspection and enforcement on lands on which operations are regulated by a State to insure compliance with the initial performance standards in parts 715 through 718 of this chapter. States are required to file copies of inspection reports with the Office. States are also responsible for assuring that permits are not issued which would be in conflict with the restriction on mining found in section 510 of the Act, particularly in regard to alluvial valley floors and prime farm lands, and section 522(e) of the Act in regard to prohibitions of mining on certain lands. 


</P>
</DIV8>


<DIV8 N="§ 710.5" NODE="30:3.0.1.2.7.0.1.5" TYPE="SECTION">
<HEAD>§ 710.5   Definitions.</HEAD>
<P>As used throughout the initial regulatory program the following terms have the specified meanings unless otherwise indicated: 
</P>
<P><I>Acid drainage</I> means water with a pH of less than 6.0 discharged from active or abandoned mines and from areas affected by coal mining operations. 
</P>
<P><I>Acid-forming materials</I> means earth materials that contain sulfide mineral or other materials which, if exposed to air, water, or weathering processes, will cause acids that may create acid drainage. 
</P>
<P><I>Alluvial valley floors</I> means unconsolidated stream-laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation and windblown deposits. 
</P>
<P><I>Approximate original contour</I> means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the regulatory authority determines that they are in compliance with § 715.17. 
</P>
<P><I>Aquifer</I> means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use. 
</P>
<P><I>Combustible material</I> means organic material that is capable of burning either by fire or through a chemical process (oxidation) accompanied by the evolution of heat and a significant temperature rise. 
</P>
<P><I>Compaction</I> means the reduction of pore spaces among the particles of soil or rock, generally done by running heavy equipment over the earth materials. 
</P>
<P><I>Disturbed area</I> means those lands that have been affected by surface coal mining and reclamation operations. 
</P>
<P><I>Diversion</I> means a channel, embankment, or other manmade structure constructed for the purpose of diverting water from one area to another. 
</P>
<P><I>Downslope</I> means the land surface between a valley floor and the projected outcrop of the lowest coalbed being mined along each highwall. 
</P>
<P><I>Embankment</I> means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or other similar purposes. 
</P>
<P><I>Essential hydrologic functions</I> means, with respect to alluvial valley floors, the role of the valley floor in collecting, storing, and regulating the natural flow of surface water and ground water, and in providing a place for irrigated and subirrigated farming, by reason of its position in the landscape and the characteristics of its underlying material. 
</P>
<P><I>Flood irrigation</I> means irrigation through natural overflow or the temporary diversion of high flows in which the entire surface of the soil is covered by a sheet of water. 
</P>
<P><I>Ground water</I> means subsurface water that fills available openings in rock or soil materials such that they may be considered water-saturated. 
</P>
<P><I>Head-of-hollow fill</I> means a fill structure consisting of any material, other than coal processing waste and organic material, placed in the uppermost reaches of a hollow where side slopes of the fill measured at the steepest point are greater than 20° or the profile of the hollow from the toe of the fill to the top of the fill is greater than 10°. In fills with less than 250.00 cubic yards of material, associated with contour mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area. 
</P>
<P><I>Highwall</I> means the face of exposed overburden and coal in an open cut of a surface or for entry to an underground coal mine. 
</P>
<P><I>Hydrologic balance</I> means the relationship between the quality and quantity of inflow to, outflow from, and storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the quantity and quality relationships between precipitation, runoff, evaporation, and the change in ground and surface water storage. 
</P>
<P><I>Hydrologic regime</I> means the entire state of water movement in a given area. It is a function of the climate, and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form and falls as precipitation, moves thence along or into the ground surface, and returns to the atmosphere a vapor by means of evaporation and transpiration. 
</P>
<P><I>Impoundment</I> means a closed basin formed naturally or artificially built, which is dammed or excavated for the retention of water, sediment, or waste. 
</P>
<P><I>Intermittent or perennial stream</I> means a stream or part of a stream that flows continuously during all (perennial) or for at least one month (intermittent) of the calendar year as a result of ground-water discharge or surface runoff. The term does not include an ephemeral stream which is one that flows for less than one month of a calendar year and only in direct response to precipitation in the immediate watershed and whose channel bottom is always above the local water table. 
</P>
<P><I>Leachate</I> means a liquid that has percolated through soil, rock, or waste and has extracted dissolved or suspended materials. 
</P>
<P><I>Noxious plants</I> means species that have been included on official State lists of noxious plants for the State in which the operation occurs. 
</P>
<P><I>Overburden</I> means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil. 
</P>
<P><I>Outslope</I> means the exposed area sloping away from a bench or terrace being constructed as a part of a surface coal mining and reclamation operation. 
</P>
<P><I>Productivity</I> means the vegetative yield produced by a unit area for a unit of time. 
</P>
<P><I>Recharge capacity</I> means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation. 
</P>
<P><I>Roads</I> means access and haul roads constructed, used, reconstructed, improved, or maintained for use in surface coal mining and reclamation operations, including use by coal-hauling vehicles leading to transfer, processing, or storage areas. The term includes any such road used and not graded to approximate original contour within 45 days of construction other than temporary roads used for topsoil removal and coal haulage roads within the pit area. Roads maintained with public funds such as all Federal, State, county, or local roads are excluded. 
</P>
<P><I>Recurrence interval</I> means the precipitation event expected to occur, on the average, once in a specified interval. For example, the 10-year 24-hour precipitation event would be that 24-hour precipitation event expected to be exceeded on the average once in 10 years. Magnitude of such events are as defined by the National Weather Service Technical Paper No. 40, “Rainfall Frequency Atlas of the U.S.,” May 1961, and subsequent amendments or equivalent regional or rainfall probability information developed therefrom. 
</P>
<P><I>Runoff</I> means precipitation that flows overland before entering a defined stream channel and becoming streamflow. 
</P>
<P><I>Safety factor</I> means the ratio of the available shear strength to the developed shear stress on a potential surface of sliding determined by accepted engineering practice. 
</P>
<P><I>Sediment</I> means undissolved organic and inorganic material transported or deposited by water.
</P>
<P><I>Sedimentation pond</I> means any natural or artificial structure or depression used to remove sediment from water and store sediment or other debris.
</P>
<P><I>Slope</I> means average inclination of a surface, measured from the horizontal. Normally expressed as a unit of vertical distance to a given number of units of horizontal distance (e.g., 1<I>v</I> to 5<I>h</I> = 20 percent = 11.3 degrees). 
</P>
<P><I>Soil horizons</I> means contrasting layers of soil lying one below the other, parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The three major soil horizons are—
</P>
<P>(a) <I>A horizon.</I> The uppermost layer in the soil profile often called the surface soil. It is the part of the soil in which organic matter is most abundant, and where leaching of soluble or suspended particles is the greatest.
</P>
<P>(b) <I>B horizon.</I> The layer immediately beneath the A horizon and often called the subsoil. This middle layer commonly contains more clay, iron, or aluminum than the A or C horizons.
</P>
<P>(c) <I>C horizon.</I> The deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.
</P>
<P><I>Spoil</I> means overburden that has been removed during surface mining.
</P>
<P><I>Stabilize</I> means any method used to control movement of soil, spoil piles, or areas of disturbed earth and includes increasing bearing capacity, increasing shear strength, draining, compacting, or revegetating.
</P>
<P><I>Subirrigation</I> means irrigation of plants with water delivered to the roots from underneath.
</P>
<P><I>Surface water</I> means water, either flowing or standing, on the surface of the earth.
</P>
<P><I>Suspended solids</I> means organic or inorganic materials carried or held in suspension in water that will remain on a 0.45 micron filter.
</P>
<P><I>Toxic-forming materials</I> means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
</P>
<P><I>Toxic-mine drainage</I> means water that is discharged from active or abandoned mines and other areas affected by coal mining operations and which contains a substance which through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.
</P>
<P><I>Valley fill</I> means a fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the fill measured at the steepest point are greater than 20° or the profile of the hollow from the toe of the fill to the top of the fill is greater than 10°. 
</P>
<P><I>Waste</I> means earth materials, which are combustible, physically unstable, or acid-forming or toxic-forming, wasted or otherwise separated from product coal and are slurried or otherwise transported from coal processing facilities or preparation plants after physical or chemical processing, cleaning, or concentrating of coal.
</P>
<P><I>Water table</I> means upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone. 
</P>
<CITA TYPE="N">[42 FR 62677, Dec. 13, 1977, as amended at 44 FR 30628, May 25, 1979] 


</CITA>
</DIV8>


<DIV8 N="§ 710.10" NODE="30:3.0.1.2.7.0.1.6" TYPE="SECTION">
<HEAD>§ 710.10   Information collection.</HEAD>
<P>The collections of information contained in §§ 710.4, 710.11, and 710.12 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0095. The information will be used in administering the Initial Regulatory Program. Response is required to obtain a benefit in accordance with 30 U.S.C. 1201 <I>et seq.</I> Public reporting burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Information Collection Clearance Officer, OSM, Department of the Interior, 1951 Constitution Avenue, NW., Washington, DC 20240; and to the Office of Management and Budget, Paperwork Reduction Project (1029-0095), OMB, Washington, DC 20503.
</P>
<CITA TYPE="N">[56 FR 6227, Feb. 14, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 710.11" NODE="30:3.0.1.2.7.0.1.7" TYPE="SECTION">
<HEAD>§ 710.11   Applicability.</HEAD>
<P>(a) <I>Operations on lands on which such operations are regulated by a State.</I> (1) The requirements of the initial regulatory program do not apply to surface mining and reclamation operations which occur on lands within a State which does not regulate any part of such operations.
</P>
<P>(2) <I>General obligations.</I> (i) A person conducting coal mining operations shall have a permit if required by the State in which he is mining and shall comply with State laws and regulations that are not inconsistent with the Act and this chapter.
</P>
<P>(ii) A person conducting coal mining operations shall not engage in any operations which result in a condition or constitute a practice that creates an imminent danger to the health or safety of the public.
</P>
<P>(iii) A person conducting coal mining operations shall not engage in any operations which result in a condition or constitute a practice that causes or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.
</P>
<P>(3) <I>Performance standards obligations.</I> (i) A person who conducts any coal mining operations under an initial permit issued by a State on or after February 3, 1978, shall comply with the requirements of the initial regulatory program. Such permits shall contain terms that comply with the relevant performance standards of the initial regulatory program.
</P>
<P>(ii) On and after May 3, 1978, any person conducting coal mining operations shall comply with the initial regulatory program, except as provided in § 710.12 of this part.
</P>
<P>(iii) A person shall comply with the obligations of this section until he has received a permit to operate under a permanent State or Federal regulatory program.
</P>
<P>(b) <I>Operations on Indian lands.</I> Any person who conducts surface coal mining and reclamation operations on Indian lands on or after December 16, 1977, in accordance with section 750.11(c) of this chapter, or who was otherwise subject to 25 CFR part 216, subpart B prior to September 22, 1994; shall comply with the performance standards of this subchapter.
</P>
<P>(c) <I>Operations on Federal lands.</I> (1) A person conducting coal mining operations on Federal lands under a permit approved on or after February 3, 1978, shall comply with the performance standards of this chapter.
</P>
<P>(2) Any person conducting coal mining operations on Federal lands on and after May 3, 1978, shall comply with the performance standards of this chapter.
</P>
<P>(d) <I>Operations on all lands.</I> (1) The requirements of this chapter apply to operations conducted after the effective date of these regulations on lands from which the coal has not yet been removed and to any other lands used, disturbed, or redisturbed in connection with or to facilitate mining or to comply with the requirements of the Act or these regulations. 
</P>
<P>(2) Any pre-existing, nonconforming structure or facility which is used in connection with or to facilitate mining after the effective date of these regulations shall comply with the requirements of the regulations, unless—
</P>
<P>(i) The permittee submits to the regulatory authority by March 1, 1978, a statement in writing demonstrating that it is physically impossible to bring the structure or facility into compliance by May 4, 1978. The statement shall include the steps to be taken to reconstruct the structure or facility in conformance with applicable performance standards and a schedule for reconstruction including the estimated date of completion;
</P>
<P>(ii) The regulatory authority finds in writing that it is physically impossible to bring the structure or facility into compliance by May 4, 1978;
</P>
<P>(iii) The construction work is to be performed in accordance with plans designed by a professional engineer; and
</P>
<P>(iv) The construction work is to be started and completed as soon as possible and in no event is to be started later than May 4, 1978 and completed later than November 4, 1978. 
</P>
<P>(3) Notwithstanding paragraph (d)(2) of this section, any sedimentation pond, or related pre-existing, non-conforming structure or facility which is used in connection with or to facilitate mining after the effective date of these regulations shall comply with the requirements of the regulations unless—
</P>
<P>(i) The permittee submits to the regulatory authority and to the Director by May 3, 1978, a statement in writing demonstrating that it is physically impossible to bring the structure or facility into compliance by May 3, 1978. The statement shall include the steps to be taken to reconstruct the structure or facility in conformance with applicable performance standards and a schedule for reconstruction including the estimated date of completion;
</P>
<P>(ii) The regulatory authority finds in writing that it is physically impossible to bring the structure or facility into compliance by May 3, 1978;
</P>
<P>(iii) The construction work is to be performed in accordance with plans designed by a professional engineer;
</P>
<P>(iv) The construction work is to be started and completed as soon as possible and in no event is to be started later than June 3, 1978 and completed later than November 4, 1978; and 
</P>
<P>(v) The Director approves of any schedules which contain an estimated date of completion beyond October 3, 1978.
</P>
<P>(4) The Director shall be deemed to have approved such schedules referred to in paragraph (d)(3)(v) of this section, unless written disapproval is received by the operator on or before June 3, 1978.
</P>
<P>(e) <I>Satisfying Permanent Program Performance Standards in lieu of Initial Program Performance Standards.</I> Where there is a counterpart Permanent Program performance standard in subchapter K of this chapter that corresponds to an Initial Program performance standard in subchapter B of this chapter, meeting either performance standard will satisfy the requirements of subchapter B of this chapter.
</P>
<CITA TYPE="N">[42 FR 62677, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978, as amended at 43 FR 5001, Feb. 7, 1978; 43 FR 8091, Feb. 27, 1978; 49 FR 38477, Sept. 28, 1984; 56 FR 6227, Feb. 14, 1991; 59 FR 43419, Aug. 23, 1994] 


</CITA>
</DIV8>


<DIV8 N="§ 710.12" NODE="30:3.0.1.2.7.0.1.8" TYPE="SECTION">
<HEAD>§ 710.12   Special exemption for small operators.</HEAD>
<P>(a) As used in this section—
</P>
<P>(1) <I>Permittee</I> means a person holding a permit under State law and to whom the permit was originally issued.
</P>
<P>(2) <I>Renewed permit</I> means any extension of the original area of duration of a permit.
</P>
<P>(b) If a person is an eligible permittee under paragraph (c) of this section and intends to conduct surface coal mining operations on or after May 3, 1978, that permittee may receive from the Director a limited exemption from the performance standards of this chapter. The exemption shall not—
</P>
<P>(1) Include the Special Performance Standard of § 716.2(a)(1) of this chapter regarding the handling of spoil;
</P>
<P>(2) Apply to surface coal mining operations to be conducted under a permit or renewed permit issued on or after August 3, 1977;
</P>
<P>(3) Include any general or special performance standard with which a permittee is required to comply by a State;
</P>
<P>(4) Relieve the permittee of the general obligations imposed by § 710.11(a) of this part regarding conditions or practices creating imminent danger or causing significant, imminent environmental harm; or
</P>
<P>(5) Relieve the permittee of any obligations under State law, regulation or permit.
</P>
<P>(c) A permittee is eligible for an exemption under this section—
</P>
<P>(1) If the actual and attributed production of that permittee is estimated by the Director not to exceed 100,000 tons of coal during the year ending on December 31, 1978; and
</P>
<P>(2) If that permittee—
</P>
<P>(i) Was in existence on July 31, 1976, and during the year ending on July 31, 1977, the actual and attributed production of that permittee was 100,000 tons of coal or less from all surface and underground coal mining operations; or
</P>
<P>(ii) Came into existence after July 31, 1976, and prior to May 2, 1977, and the actual and attributed production from all surface and underground coal mining operations of that permittee in the average calendar month was an amount of coal which when multiplied by 12 yields a product of 100,000 tons or less.
</P>
<P>(iii) And, in the case of a business organization, has not undergone a substantial change in ownership since May 2, 1977, other than a substantial change due to the death of an owner.
</P>
<P>(d) Application for an exemption under this section shall be submitted to the Director of the Office by March 1, 1978 with a copy to the State regulatory authority.
</P>
<P>(e) The request for exemption shall be in the form of an affidavit under oath and shall include—
</P>
<P>(1) The name and address of the permittee and of persons who control the permittee by reason of stock ownership or otherwise.
</P>
<P>(2) The name, location, Mining Enforcement and Safety Administration identification numbers, and permit numbers of the surface coal mining operations for which exemption is sought, including a statement of the dates each permit was issued or renewed and will expire.
</P>
<P>(3) The date and method by which the permittee was created if the permittee is not an individual.
</P>
<P>(4) A listing of all surface and underground coal mining operations showing—
</P>
<P>(i) Actual production for the year ending July 31, 1977, attributed to the permittee and the inclusive dates of operation.
</P>
<P>(ii) Estimated production for the year ending December 31, 1978, attributed to the permittee and the anticipated dates of operation.
</P>
<P>(5) A copy of coal severance tax returns for coal produced during the year ending on July 31, 1977. 
</P>
<P>(6) A copy of a notice the permittee has published in a local newspaper of general circulation in the area of each mine for which an exemption is sought once a week for two weeks stating—
</P>
<P>(i) That an application for a small operator exemption will be filed, which if granted would exempt the operator from certain environmental protection performance standards in the Act;
</P>
<P>(ii) The name and address of the permittee;
</P>
<P>(iii) The location of the surface coal mining operations to which the exemption will apply; and
</P>
<P>(iv) That public comments may be submitted to the Director, Office of Surface Mining Reclamation and Enforcement.
</P>
<P>(f) Production from the following operations shall be attributed to the permittee—
</P>
<P>(1) All coal produced by operations beneficially owned entirely by the permittee, or controlled by reasons of ownership, direction of the management, or in any other manner by the permittee.
</P>
<P>(2) The pro rata share, based upon percentage of beneficial ownership, of coal produced by operations in which the permittee owns more than a 5-percent interest.
</P>
<P>(3) All coal produced by persons who own more than 5 percent of the permittee or who directly or indirectly control the permittee by reason of stock ownership, direction of the management or in any other manner.
</P>
<P>(4) The pro rata share of coal produced by operations owned or controlled by the person who owns or controls the permittee.
</P>
<P>(g) The Director shall grant the request for an exemption if, upon the basis of the request and any State regulatory authority or public comments, or any other information, he finds that—
</P>
<P>(1) The permittee has satisfied his burden of proof by demonstrating eligibility for the exemption; and
</P>
<P>(2) The exemption will not be inconsistent with State law, regulation or permit terms.
</P>
<P>(h) Any person aggrieved by the decision of the Director under this section may appeal within 20 days from receipt of that decision to The Office of Hearing and Appeals under 43 CFR part 4. The Office of Hearings and Appeals and the Secretary shall have the authority to stay the exemption pending the outcome of the appeal.
</P>
<P>(i) The exemption shall be effective on the date approved. It shall remain in effect until expiration or renewal of the State permit to which it applies, December 31, 1978, or until revoked, whichever is earlier.
</P>
<P>(j) The Director shall revoke the exemption upon finding that the exemption was erroneously issued or that the exempted operation has or will produce more than 100,000 tons of coal per year.
</P>
<CITA TYPE="N">[42 FR 62677, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978, as amended at 43 FR 5001, Feb. 7, 1978] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="715" NODE="30:3.0.1.2.8" TYPE="PART">
<HEAD>PART 715—GENERAL PERFORMANCE STANDARDS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Pub. L. 95-87 (30 U.S.C. 1201 <I>et seq.</I>).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62680, Dec. 13, 1977, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 715.10" NODE="30:3.0.1.2.8.0.1.1" TYPE="SECTION">
<HEAD>§ 715.10   Information collection.</HEAD>
<P>The information collection requirements contained in 30 CFR 715.13(d); 715.17 (b)(1)(v) and (j)(3); 715.18(b) (2) and (6); and 715.19 (b), (c), (d) and (e)(4) have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0007. The information is being collected to meet the performance standards in section 515(b)(2) of P.L. 95-87 and are applicable during the initial regulatory program. This information will be used by OSM in measuring compliance with the performance standards until permanent programs are in effect in the States. The obligation to respond is mandatory.
</P>
<CITA TYPE="N">[47 FR 33685, Aug. 4, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 715.11" NODE="30:3.0.1.2.8.0.1.2" TYPE="SECTION">
<HEAD>§ 715.11   General obligations.</HEAD>
<P>(a) <I>Compliance.</I> All surface coal mining and reclamation operations conducted on lands where any element of the operations is regulated by a State shall comply with the initial performance standards of this part according to the time schedule specified in § 710.11. Part 717 of this chapter establishes performance standards for surface effects of underground coal mines. Initial regulations regarding the special Initial Performance Standards are established by part 716 of this chapter for—
</P>
<P>(1) Surface coal mining operations on steep slopes;
</P>
<P>(2) Surface coal mining operations involving mountaintop removal;
</P>
<P>(3) Special bituminous coal mines;
</P>
<P>(4) Anthracite surface coal mining operations;
</P>
<P>(5) Surface coal mining operations in Alaska; and
</P>
<P>(6) Surface coal mining operations on prime farmlands.
</P>
<FP>Where State environmental protection standards are adopted for a specific State because they are more stringent than the standards of parts 715, 716, and 717, they will be published in part 718 of this chapter.
</FP>
<P>(b) <I>Authorizations to operate.</I> A copy of all current permits, licenses, approved plans, or other authorizations to operate the mine shall be available for inspection at or near the mine site.
</P>
<P>(c)(1) <I>Mine maps.</I> Any person conducting surface coal mining and reclamation operations on and after May 3, 1978, shall submit two copies of an accurate map of the mine and permit area at a scale of 1:6000 or larger. The map shall show as of May 3, 1978, the lands from which coal has not yet been removed and the lands and structures which have been used or disturbed to facilitate mining. One copy of the mine map shall be submitted to the State regulatory authority and one copy shall be submitted to the Regional Director, OSM, before July 3, 1978.
</P>
<P>(2) In addition to the requirements of paragraph (c)(1) of this section, any person who conducted surface coal mining and reclamation operations pursuant to a small operator's exemption shall submit before March 15, 1979, two copies of an accurate map of each mine showing the permit area at a scale of 1:6000 or larger. One copy shall be submitted to the state regulatory authority and one copy to the appropriate Regional Director, OSM. The map shall show as of December 31, 1978 or the expiration date of the exemption (whichever is earlier) the lands from which coal had not yet been removed, the lands and structures which had been used or disturbed to facilitate mining, and the lands which had not been disturbed. The map need not be submitted if these areas have already been shown on mine maps submitted to the state regulatory authority, if a copy is available to the appropriate Regional Director pursuant to paragraph (c)(1) of this section or 30 CFR 720.13(b). 
</P>
<P>(d) <I>Indian lands</I>—(1) <I>Mine maps.</I> Any person conducting surface coal mining and reclamation operations on Indian lands under this part shall submit no fewer than 7 copies of an accurate map of the mine and authorized mining areas at a scale of 1:6000 or larger. The map shall show, as of December 16, 1977, the lands where coal has not yet been removed and the lands and structures that have been used or disturbed to facilitate surface coal mining operations.
</P>
<P>(2) <I>Consultation with tribal governments.</I> Any requirement in this part for consultation with or notification to State and local governments shall be interpreted as requiring, in like manner, consultation with or notification to tribal governments. OSM shall consult with the Bureau of Indian Affairs with respect to special requirements relating to the protection of noncoal resources and with the Bureau of Land Management with respect to the requirements relating to the development, production, and recovery of mineral resources on Indian lands.
</P>
<CITA TYPE="N">[42 FR 62680, Dec. 13, 1977, as amended at 44 FR 6682, Feb. 1, 1979; 59 FR 43419, Aug. 23, 1994] 


</CITA>
</DIV8>


<DIV8 N="§ 715.12" NODE="30:3.0.1.2.8.0.1.3" TYPE="SECTION">
<HEAD>§ 715.12   Signs and markers.</HEAD>
<P>(a) <I>Specifications.</I> All signs required to be posted shall be of a standard design that can be seen and read easily and shall be made of durable material. The signs and other markers shall be maintained during all operations to which they pertain and shall conform to local ordinances and codes.
</P>
<P>(b) <I>Mine and permit identification signs.</I> Signs identifying the mine area shall be displayed at all points of access to the permit area from public roads and highways. Signs shall show the name, business address, and telephone number of the permittee and identification numbers of current mining and reclamation permits or other authorizations to operate. Such signs shall not be removed until after release of all bonds.
</P>
<P>(c) <I>Perimeter markers.</I> The perimeter of the permit area shall be clearly marked by durable and easily recognized markers, or by other means approved by the regulatory authority.
</P>
<P>(d) <I>Buffer zone markers.</I> Buffer zones as defined in § 715.17 shall be marked in a manner consistent with the perimeter markers along the interior boundary of the buffer zone.
</P>
<P>(e) <I>Blasting signs.</I> If blasting is necessary to conduct surface coal mining operations, signs reading “Blasting Area” shall be displayed conspicuously at the edge of blasting areas along access and haul roads within the mine property. Signs reading “Blasting Area” and explaining the blasting warning and all-clear signals shall be posted at all entrances to the permit area.
</P>
<P>(f) <I>Topsoil markers.</I> Where topsoil or other vegetation-supporting material is segregated and stockpiled according to § 715.16(c), the stockpiled material shall be marked. Markers shall remain in place until the material is removed.


</P>
</DIV8>


<DIV8 N="§ 715.13" NODE="30:3.0.1.2.8.0.1.4" TYPE="SECTION">
<HEAD>§ 715.13   Postmining use of land.</HEAD>
<P>(a) <I>General.</I> All disturbed areas shall be restored in a timely manner (1) to conditions that are capable of supporting the uses which they were capable of supporting before any mining, or (2) to higher or better uses achievable under criteria and procedures of paragraph (d) of this section.
</P>
<P>(b) <I>Determining premining use of land.</I> The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported if the land had not been previously mined and had been properly managed.
</P>
<P>(1) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the highest and best use that can be achieved and is compatible with surrounding areas.
</P>
<P>(2) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.
</P>
<P>(3) If the premining use of the land was changed within 5 years of the beginning of mining, the comparison of postmining use to premining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.
</P>
<P>(c) <I>Land-use categories.</I> Land use is categorized in the following groups. Change from one to another land use category in premining to postmining constitutes an alternate land use and the permittee shall meet the requirements of paragraph (d) of this section and all other applicable environmental protection performance standards of this chapter.
</P>
<P>(1) <I>Heavy industry.</I> Manufacturing facilities, powerplants, airports or similar facilities.
</P>
<P>(2) <I>Light industry and commercial services.</I> Office buildings, stores, parking facilities, apartment housed, motels, hotels, or similar facilities.
</P>
<P>(3) <I>Public services.</I> Schools, hospitals, churches, libraries, water-treatment facilities, solid-waste disposal facilities, public parks and recreation facilities, major transmission lines, major pipelines, highways, underground and surface utilities, and other servicing structures and appurtenances.
</P>
<P>(4) <I>Residential.</I> Single- and multiple-family housing (other than apartment houses) with necessary support facilities. Support facilities may include commercial services incorporated in and comprising less than 5 percent of the total land area of housing capacity, associated open space, and minor vehicle parking and recreation facilities supporting the housing.
</P>
<P>(5) <I>Cropland.</I> Land used primarily for the production of cultivated and close-growing crops for harvest alone or in association with sod crops. Land used for facilities in support of farming operations are included.
</P>
<P>(6) <I>Rangeland.</I> Includes rangelands and forest lands which support a cover of herbaceous or scrubby vegetation suitable for grazing or browsing use.
</P>
<P>(7) <I>Hayland or pasture.</I> Land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or cut and cured for livestock feed.
</P>
<P>(8) <I>Forest land.</I> Land with at least a 25 percent tree canopy or land at least 10 percent stocked by forest trees of any size, including land formerly having had such tree cover and that will be naturally or artificially reforested.
</P>
<P>(9) <I>Impoundments of water.</I> Land used for storing water for beneficial uses such as stock ponds, irrigation, fire protection, recreation, or water supply.
</P>
<P>(10) <I>Fish and wildlife habitat and recreation lands.</I> Wetlands, fish and wildlife habitat, and areas managed primarily for fish and wildlife or recreation.
</P>
<P>(11) <I>Combined uses.</I> Any appropriate combination of land uses where one land use is designated as the primary land use and one or more other land uses are designated as secondary land uses.
</P>
<P>(d) <I>Criteria for approving alternative postmining use of land.</I> An alternative postmining land use shall be approved by the regulatory authority, after consultation with the landowner or the land-management agency having jurisdiction over State or Federal lands, if the following criteria are met. Proposals to remove an entire coal seam running through the upper part of a mountain, ridge, or hill must also meet these criteria in addition to the requirements of § 716.3 of this chapter.
</P>
<P>(1) The proposed land use is compatible with adjacent land use and, where applicable, with existing local, State or Federal land use policies and plans. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans shall accompany the request for approval. The permittee shall obtain any required approval of local, State or Federal land management agencies, including any necessary zoning or other changes necessarily required for the final land use.
</P>
<P>(2) Specific plans have been prepared which show the feasibility of the proposed land use as related to needs, projected land use trends, and markets and that include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and be sustained. The regulatory authority may require appropriate demonstrations to show that the planned procedures are feasible, reasonable, and integrated with mining and reclamation, and that the plans will result in successful reclamation.
</P>
<P>(3) Provision of any necessary public facilities is assured as evidenced by letters of commitment from parties other than the permittee, as appropriate, to provide them in a manner compatible with the permittee's plans.
</P>
<P>(4) Specific and feasible plans for financing attainment and maintenance of the postmining land use including letters of commitment from parties other than the permittee as appropriate, if the postmining land use is to be developed by such parties.
</P>
<P>(5) The plans are designed under the general supervision of a registered professional engineer, or other appropriate professional, who will ensure that the plans conform to applicable accepted standards for adequate land stability, drainage, and vegetative cover, and aesthetic design appropriate for the postmining use of the site.
</P>
<P>(6) The proposed use or uses will neither present actual or probable hazard to public health or safety nor will they pose any actual or probable threat of water flow diminution or pollution.
</P>
<P>(7) The use or uses will not involve unreasonable delays in reclamation.
</P>
<P>(8) Necessary approval of measures to prevent or mitigate adverse effects on fish and wildlife has been obtained from the regulatory authority and appropriate State and Federal fish and wildlife management agencies.
</P>
<P>(9) Proposals to change premining land uses of range, fish and wildlife habitat, forest land, hayland, or pasture to a postmining cropland use, where the cropland would require continuous maintenance such as seeding, plowing, cultivation, fertilization, or other similar practices to be practicable or to comply with applicable Federal, State, and local laws, shall be reviewed by the regulatory authority to assure that—
</P>
<P>(i) There is a firm written commitment by the permittee or by the landowner or land manager to provide sufficient crop management after release of applicable performance bonds to assure that the proposed postmining cropland use remains practical and reasonable;
</P>
<P>(ii) There is sufficient water available and committed to maintain crop production; and
</P>
<P>(iii) Topsoil quality and depth are shown to be sufficient to support the proposed use.
</P>
<P>(10) The regulatory authority has provided by public notice not less than 45 days nor more than 60 days for interested citizens and local, State and Federal agencies to review and comment on the proposed land use.
</P>
<CITA TYPE="N">[42 FR 62680, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978]


</CITA>
</DIV8>


<DIV8 N="§ 715.14" NODE="30:3.0.1.2.8.0.1.5" TYPE="SECTION">
<HEAD>§ 715.14   Backfilling and grading.</HEAD>
<P>In order to achieve the approximate original contour, the permittee shall, except as provided in this section, transport, backfill, compact (where advisable to ensure stability or to prevent leaching of toxic materials), and grade all spoil material to eliminate all highwalls, spoil piles, and depressions. Cut-and-fill terraces may be used only in those situations expressly identified in this section. The postmining graded slopes must approximate the premining natural slopes in the area as defined in paragraph (a).
</P>
<P>(a) <I>Slope measurements.</I> (1) To determine the natural slopes of the area before mining, sufficient slopes to adequately represent the land surface configuration, and as approved by the regulatory authority in accordance with site conditions, must be accurately measured and recorded. Each measurement shall consist of an angle of inclination along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be disturbed; or, where this is impractical, at locations specified by the regulatory authority. Where the area has been previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances as determined by the regulatory authority to be representative of the premining configuration of the land. Slope measurements shall take into account natural variations in slope so as to provide accurate representation of the range of natural slopes and shall reflect geomorphic differences of the area to be disturbed. Slope measurements may be made from topographic maps showing contour lines, having sufficient detail and accuracy consistent with the submitted mining and reclamation plan.
</P>
<P>(2) After the disturbed area has been graded, the final graded slopes shall be measured at the beginning and end of lines established on the prevailing slope at locations representative of premining slope conditions and approved by the regulatory authority. These measurements must not be made so as to allow unacceptably steep slopes to be constructed.
</P>
<P>(b) <I>Final graded slopes.</I> (1) The final graded slopes shall not exceed either the approximate premining slopes as determined according to paragraph (a)(1) and approved by the regulatory authority or any lesser slope specified by the regulatory based on consideration of soil, climate, or other characteristics of the surrounding area. Postmining final graded slopes need not be uniform. The requirements of this paragraph may be modified by the regulatory authority where the mining is reaffecting previously mined lands that have not been restored to the standards of this section and sufficient spoil is not available to return to the slope determined according to paragraph (a)(1). Where such modifications are approved, the permittee shall, as a minimum, be required to—
</P>
<P>(i) Retain all overburden and spoil on the solid portion of existing or new benches; and
</P>
<P>(ii) Backfill and grade to the most moderate slope possible to eliminate the highwall which does not exceed the angle of repose or such lesser slopes as is necessary to assure stability. 
</P>
<P>(2) On approval by the regulatory authority and in order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut-and-fill terraces may be allowed if the terraces are compatible with the postmining land use approved under § 715.13, and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements: 
</P>
<P>(i) Where specialized grading, foundation conditions, or roads are required for the approved postmining land use, the final grading may include a terrace of adequate width to ensure the safety, stability, and erosion control necessary to implement the postmining land use plan.
</P>
<P>(ii) The vertical distance between terraces shall be as specified by the regulatory authority to prevent excessive erosion and to provide long-term stability. 
</P>
<P>(iii) The slope of the terrace outslope shall not exceed 1<I>v:</I>2<I>h</I> (50 percent). Outslopes which exceed 1<I>v:</I>2<I>h</I> (50 percent) may be approved if they have a minimum static safety factor of more than 1.5 and provide adequate control over erosion and closely resemble the surface configuration of the land prior to mining. In no case may highwalls be left as part of terraces. 
</P>
<P>(iv) Culverts and underground rock drains shall be used on the terrace only when approved by the regulatory authority. 
</P>
<P>(3) All operations on steep slopes of 20 degrees or more or on such lesser slopes as the regulatory authority defines as a steep slope shall meet the provisions of § 716.2 of this chapter. 
</P>
<P>(c) <I>Mountaintop removal.</I> The requirements of this paragraph and of § 716.3 shall apply to surface mining operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the overburden, and where the requirements for achieving the approximate original contour of this section cannot be met. Final graded top plateau slopes on the mined area shall be less than 1<I>v:</I>5<I>h</I> so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed 1<I>v:</I>2<I>h,</I> except where engineering data substantiates and the regulatory authority finds that a minimum static safety factor of 1.5 (or higher factors specified by the regulatory authority) will be attained. Although the area need not be restored to approximate original contour, all highwalls, spoil piles, and depressions except as provided in paragraphs (d) and (e) of this section shall be eliminated. All mountaintop removal operations shall in addition meet the provisions of § 716.3 of this chapter. 
</P>
<P>(d) <I>Small depressions.</I> The requirement of this section to achieve approximate original contour does not prohibit construction of small depressions if they are approved by the regulatory authority to minimize erosion, conserve soil moisture or promote revegetation. These depressions shall be compatible with the approved postmining land use and shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. Depressions approved under this section shall have a holding capacity of less than 1 cubic yard of water or, if it is necessary that they be larger, shall not restrict normal access throughout the area or constitute a hazard. Large, permanent impoundments shall be governed by paragraph (e) of this section and by § 715.17. 
</P>
<P>(e) <I>Permanent impoundments.</I> Permanent impoundments may be retained in mined and reclaimed areas provided all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use (§ 715.13) and protection of the hydrologic balance (§ 715.17) are met. No impoundments shall be constructed on top of areas in which excess materials are deposited pursuant to § 715.15 of this part. Impoundments shall not be used to meet the requirements of paragraph (j) of this section. 
</P>
<P>(f) <I>Definition of thin and thick restored overburden.</I> The thin overburden provisions of paragraph (g) of this section may apply only where the final thickness is less than 0.8 of the initial thickness. The thick overburden provisions of paragraph (h) of this section may apply only where the final thickness is greater than 1.2 of the initial thickness. Initial thickness is the sum of the overburden thickness and coal thickness. Final thickness is the product of the overburden thickness times the bulking factor to be determined for each mine area. The provisions of paragraphs (g) and (h) apply only when operations cannot be carried out to comply with the requirements of paragraph (a) of this section to achieve the approximate original contour. 
</P>
<P>(g) <I>Thin overburden.</I> In surface coal mining operations carried out continuously in the same limited pit area for more than 1 year from the day coal-removal operations begin and where the volume of all available spoil and suitable waste materials is demonstrated to be insufficient to achieve approximate original contour, surface coal mining operations shall be conducted to meet, at a minimum, the following standards: 
</P>
<P>(1) Transport, backfill, and grade, using all available spoil and suitable waste materials from the entire mine area, to attain the lowest practicable stable grade, which may not exceed the angle of repose, and to provide adequate drainage and long-term stability of the regraded areas. 
</P>
<P>(2) Eliminate highwalls by grading or backfilling to stable slopes not exceeding 1<I>v:</I>2<I>h</I> (50 percent), or such lesser slopes as the regulatory authority may specify to reduce erosion, maintain the hydrologic balance, or allow the approved postmining land use. 
</P>
<P>(3) Transport, backfill, grade, and revegetate to achieve an ecologically sound land use compatible with the prevailing land use in unmined areas surrounding the permit area. 
</P>
<P>(4) Transport, backfill, and grade to ensure the impoundments are constructed only where it has been demonstrated to the regulatory authority's satisfaction that all requirements of § 715.17 have been met and that the impoundments have been approved by the regulatory authority as meeting the requirements of this part and all other applicable Federal and State regulations.
</P>
<P>(h) <I>Thick overburden.</I> In surface coal mining operations where the volume of spoil is demonstrated to be more than sufficient to achieve the approximate original contour surface coal mining operations shall be conducted to meet at a minimum the following standards:
</P>
<P>(1) Transport, backfill, and grade all spoil and wastes not required to achieve approximate original contour in the surface mining area to the lowest practicable grade.
</P>
<P>(2) Deposit, backfill, and grade excess spoil and wastes only within the permit area and dispose of such materials in conformance with this part.
</P>
<P>(3) Transport, backfill, and grade excess spoil and wastes to maintain the hydrologic balance in accordance with this part and to provide long-term stability.
</P>
<P>(4) Transport, backfill, grade, and revegetate wastes and excess spoil to achieve an ecologically sound land use compatible with the prevailing land uses in unmined areas surrounding the permit area.
</P>
<P>(5) Eliminate all highwalls and depressions except as stated in paragraph (e) of this section by backfilling with spoil and suitable waste materials.
</P>
<P>(i) <I>Regrading or stabilizing rills and gullies.</I> When rills or gullies deeper than 9 inches form in areas that have been regraded and the topsoil replaced but vegetation has not yet been established the permittee shall fill, grade, or otherwise stabilize the rills and gullies and reseed or replant the areas according to § 715.20. The regulatory authority shall specify that rills or gullies of lesser size be stabilized if the rills or gullies will be disruptive to the approved postmining land use or may result in additional erosion and sedimentation.
</P>
<P>(j) <I>Covering coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled materials; and using waste material for fill</I>—(1) <I>Cover.</I> All exposed coal seams remaining after mining and any acid-forming, toxic-forming, combustible materials, or any other waste materials identified by the regulatory authority that are exposed, used, or produced during mining shall be covered with a minimum of 4 feet of nontoxic and noncombustible material; or, if necessary, treated to neutralize toxicity in order to prevent water pollution and sustained combustion, and to minimize adverse effects on plant growth and land uses. Where necessary to protect against upward migration of salts, exposure by erosion, to provide an adequate depth for plant growth, or to otherwise meet local conditions, the regulatory authority shall specify thicker amounts of cover using nontoxic material. Acid-forming or toxic-forming material shall not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution or otherwise violate the provisions of § 715.17 of this part.
</P>
<P>(2) <I>Stabilization.</I> Backfilled materials shall be selectively placed and compacted wherever necessary to prevent leaching of toxic-forming materials into surface or subsurface waters in accordance with § 715.17 and wherever necessary to ensure the stability of the backfilled materials. The method of compacting material and the design specifications shall be approved by the regulatory authority before the toxic materials are covered.
</P>
<P>(3) <I>Use of waste materials as fill.</I> Before waste materials from a coal preparation or conversion facility or from other activities conducted outside the permit area such as municipal wastes are used for fill material, it must be demonstrated to the regulatory authority by hydrogeological means and chemical and physical analyses that use of these materials will not adversely affect water quality, water flow, and vegetation; will not present hazards to public health and safety; and will not cause instability in the backfilled area.
</P>
<P>(k) <I>Grading along the contour.</I> All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil, in accordance with § 715.16, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators then grading, preparation or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.
</P>
<CITA TYPE="N">[42 FR 62680, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978, as amended at 47 FR 18553, Apr. 29, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 715.15" NODE="30:3.0.1.2.8.0.1.6" TYPE="SECTION">
<HEAD>§ 715.15   Disposal of excess spoil.</HEAD>
<P>(a) <I>General requirements.</I> (1) Spoil not required to achieve the approximate original contour within the area where overburden has been removed shall be hauled or conveyed to and placed in designated disposal areas within a permit area, if the disposal areas are authorized for such purposes in the approved permit application in accordance with paragraphs (a) through (d) of this section. The spoil shall be placed in a controlled manner to ensure— 
</P>
<P>(i) That leachate and surface runoff from the fill will not degrade surface or ground waters or exceed the effluent limitations of § 715.17(a) 
</P>
<P>(ii) Stability of the fill; and 
</P>
<P>(iii) That the land mass designated as the disposal area is suitable for reclamation and revegetation compatible with the natural surroundings. 
</P>
<P>(2) The fill shall be designed using recognized professional standards, certified by a registered professional engineer, and approved by the regulatory authority. 
</P>
<P>(3) All vegetative and organic materials shall be removed from the disposal area and the topsoil shall be removed, segregated, and stored or replaced under § 715.16. If approved by the regulatory authority, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil. 
</P>
<P>(4) Slope protection shall be provided to minimize surface erosion at the site. Diversion design shall conform with the requirements of § 715.17(c). All disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction. 
</P>
<P>(5) The disposal areas shall be located on the most moderately sloping and naturally stable areas available as approved by the regulatory authority. If such placement provides additional stability and prevents mass movement, fill materials suitable for disposal shall be placed upon or above a natural terrace, bench, or berm. 
</P>
<P>(6) The spoil shall be hauled or conveyed and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and prevent mass movement, covered, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and ensure a long-term static safety factor of 1.5. 
</P>
<P>(7) The final configuration of the fill must be suitable for postmining land uses approved in accordance with § 715.13, except that no depressions or impoundments shall be allowed on the completed fill. 
</P>
<P>(8) Terraces may be utilized to control erosion and enhance stability if approved by the regulatory authority and consistent with § 715.14(b)(2). 
</P>
<P>(9) Where the slope in the disposal area exceeds 1<I>v:</I>2.8<I>h</I> (36 percent), or such lesser slope as may be designated by the regulatory authority based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to stabilize the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed to determine the size of rock toe buttresses and key way cuts. 
</P>
<P>(10) The fill shall be inspected for stability by a registered engineer or other qualified professional specialist experienced in the construction of earth and rockfill embankments at least quarterly throughout construction and during the following critical construction periods: (i) Removal of all organic material and topsoil, (ii) placement of underdrainage systems, (iii) installation of surface drainage systems, (iv) placement and compaction of fill materials, and (v) revegetation. The registered engineer or other qualified professional specialist shall provide to the regulatory authority a certified report within 2 weeks after each inspection that the fill has been constructed as specified in the design approved by the regulatory authority. A copy of the report shall be retained at the minesite. 
</P>
<P>(11) Coal processing wastes shall not be disposed of in head-of-hollow or valley fills, and may only be disposed of in other excess spoil fills, if such waste is— 
</P>
<P>(i) Demonstrated to be nontoxic and nonacid forming; and 
</P>
<P>(ii) Demonstrated to be consistent with the design stability of the fill. 
</P>
<P>(12) If the disposal area contains springs, natural or manmade watercourses, or wet-weather seeps, an underdrain system consisting of durable rock shall be constructed from the wet areas in a manner that prevents infiltration of the water into the spoil material. The underdrain system shall be protected by an adequate filter and shall be designed and constructed using standard geotechnical engineering methods. 
</P>
<P>(13) The foundation and abutments of the fill shall be stable under all conditions of construction and operation. Sufficient foundation investigation and laboratory testing of foundation materials shall be performed in order to determine the design requirements for stability of the foundation. Analyses of foundation conditions shall include the effect of underground mine workings, if any, upon the stability of the structure. 
</P>
<P>(14) Excess spoil may be returned to underground mine workings, but only in accordance with a disposal program approved by the regulatory authority and MSHA. 
</P>
<P>(15) Disposal of excess spoil from an upper actively mined bench to a lower pre-existing bench by means of gravity transport is permitted provided that:
</P>
<P>(i) The operator receives the prior written approval of the regulatory authority upon demonstration by the operator that the spoil to be disposed of by gravity transport is not necessary for elimination of the highwall and return of the upper bench to approximate original contour; 
</P>
<P>(ii) The following conditions and performance standards in addition to the environmental performance standards of this part are met:
</P>
<P>(A) The highwall of the lower bench intersects (meets) the upper actively mined bench with no natural slope between them;
</P>
<P>(B) The gravity transport points are determined on a site specific basis by the operator and approved by the regulatory authority to minimize hazards to health and safety and to ensure that damage will be minimized should spoil accidentally move down-slope of the lower bench;
</P>
<P>(C) The excess spoil is placed only on solid portions of the lower pre-existing bench;
</P>
<P>(D) All excess spoil on the lower solid bench, including that spoil immediately below the gravity transport points, is rehandled and placed in a controlled manner to eliminate as much of the lower highwall as practicable. Rehandling and placing the excess spoil on the lower solid bench shall consist of placing the excess spoil in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings to ensure a long term static safety factor of 1.3. Spoil on the bench prior to the current mining operation need not be rehandled except to ensure stability of the fill.
</P>
<P>(E) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of spoil necessary for the construction of the berm may be gravity transported to the lower bench prior to construction of the berm. The safety berm must be removed by the operator by final grading operations;
</P>
<P>(F) The area of the lower bench used to facilitate the disposal of excess spoil is considered a disturbed area.
</P>
<P>(b) <I>Valley fills.</I> Valley fills shall meet all of the requirements of paragraph (a) of this section and the additional requirements of this section.
</P>
<P>(1) The fill shall be designed to attain a long-term static safety factor of 1.5 based upon data obtained from subsurface exploration, geotechnical testing, foundation design, and accepted engineering analyses.
</P>
<P>(2) A subdrainage system for the fill shall be constructed in accordance with the following:
</P>
<P>(i) A system of underdrains constructed of durable rock shall meet the requirements of paragraph (2)(iv) of this section and:
</P>
<P>(A) Be installated along the natural drainage system;
</P>
<P>(B) Extend from the toe to the head of the fill; and
</P>
<P>(C) Contain lateral drains to each area of potential drainage or seepage.
</P>
<P>(ii) A filter system to insure the proper functioning of the rock underdrain system shall be designed and constructed using standard geotechnical engineering methods.
</P>
<P>(iii) In constructing the underdrains, no more than 10 percent of the rock may be less than 12 inches in size and no single rock may be larger than 25 percent of the width of the drain. Rock used in underdrains shall meet the requirements of paragraph (2)(iv) of this section. The minimum size of the main underdrain shall be:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" rowspan="2" scope="col">Total amount of fill material
</TH><TH class="gpotbl_colhed" rowspan="2" scope="col">Predominant type of fill material
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Minimum size of drain, in feet
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">Width
</TH><TH class="gpotbl_colhed" scope="col">Height
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Less than 1,000,000 yd 
<sup>3</sup></TD><TD align="left" class="gpotbl_cell">Sandstone</TD><TD align="right" class="gpotbl_cell">10</TD><TD align="right" class="gpotbl_cell">4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">  Do</TD><TD align="left" class="gpotbl_cell">Shale</TD><TD align="right" class="gpotbl_cell">16</TD><TD align="right" class="gpotbl_cell">8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">More than 1,000,000 yd 
<sup>3</sup></TD><TD align="left" class="gpotbl_cell">Sandstone</TD><TD align="right" class="gpotbl_cell">16</TD><TD align="right" class="gpotbl_cell">8
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">  Do</TD><TD align="left" class="gpotbl_cell">Shale</TD><TD align="right" class="gpotbl_cell">16</TD><TD align="right" class="gpotbl_cell">16</TD></TR></TABLE></DIV></DIV>
<P>(iv) Underdrains shall consist of nondegradable, non-acid or toxic forming rock such as natural sand and gravel, sandstone, limestone, or other durable rock that will not slake in water and will be free of coal, clay or shale.
</P>
<P>(3) Spoil shall be hauled or conveyed and placed in a controlled manner and concurrently compacted as specified by the regulatory authority, in lifts no greater than 4 feet or less if required by the regulatory authority to—
</P>
<P>(i) Achieve the densities designed to ensure mass stability;
</P>
<P>(ii) Prevent mass movement;
</P>
<P>(iii) Avoid contamination of the rock underdrain or rock core; and
</P>
<P>(iv) Prevent formation of voids.
</P>
<P>(4) Surface water runoff from the area above the fill shall be diverted away from the fill and into stabilized diversion channels designed to pass safely the runoff from a 100-year, 24-hour precipitation event or larger event specified by the regulatory authority. Surface runoff from the fill surface shall be diverted to stabilized channels off the fill which will safely pass the runoff from a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of § 715.17(c).
</P>
<P>(5) The tops of the fill and any terrace constructed to stabilize the face shall be graded no steeper than 1<I>v:</I>20<I>h</I> (5 percent). The vertical distance between terraces shall not exceed 50 feet.
</P>
<P>(6) Drainage shall not be directed over the outslope of the fill.
</P>
<P>(7) The outslope of the fill shall not exceed 1<I>v:</I>2<I>h</I> (50 percent). The regulatory authority may require a flatter slope. 
</P>
<P>(c) <I>Head-of-hollow fills.</I> Disposal of spoil in the head-of-hollow fill shall meet all standards set forth in paragraphs (a) and (b) and the additional requirements of this section.
</P>
<P>(1) The fill shall be designed to completely fill the disposal site to the approximate elevation of the ridgeline. A rock-core chimney drain may be utilized instead of the subdrain and surface diversion system required for valley fills. If the crest of the fill is not approximately at the same elevation as the low point of the adjacent ridgeline, the fill must be designed as specified in paragraph (b), with diversion of runoff around the fill. A fill associated with contour mining and placed at or near the coal seam, and which does not exceed 250,000 cubic yards may use the rock-core chimney drain.
</P>
<P>(2) The alternative rock-core chimney drain system shall be designed and incorporated into the construction of head-of-hollow fills as follows:
</P>
<P>(i) The fill shall have, along the vertical projection of the main buried stream channel or rill a vertical core of durable rock at least 16 feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of paragraph (b)(2)(iv).
</P>
<P>(ii) A filter system to ensure the proper functioning of the rock core shall be designed and constructed using standard geotechnical engineering methods.
</P>
<P>(iii) The grading may drain surface water away from the outslope of the fill and toward the rock core. The maximum slope of the top of the fill shall be 1<I>v:</I>33<I>h</I> (3 percent). Instead of the requirements of paragraph (a)(7) of this section, a drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential for impounding more than 10,000 cubic feet of water. Terraces on the fill shall be graded with a 3- to 5-percent grade toward the fill and a 1-percent slope toward the rock core.
</P>
<P>(3) The drainage control system shall be capable of passing safely the runoff from a 100-year, 24-hour precipitation event, or larger event specified by the regulatory authority. 
</P>
<P>(d) <I>Durable rock fills.</I> In lieu of the requirements of paragraphs (b) and (c) of this section the regulatory authority may approve alternate methods for disposal of hard rock spoil, including fill placement by dumping in a single lift, on a site specific basis, provided the services of a registered professional engineer experienced in the design and construction of earth and rockfill embankments are utilized and provided the requirements of this paragraph and paragraph (a) are met. For this section, hard rock spoil shall be defined as rockfill consisting of at least 80 percent by volume of sandstone, limestone, or other rocks that do not slake in water. Resistance of the hard rock spoil to slaking shall be determined by using the slake index and slake durability tests in accordance with guidelines and criteria established by the regulatory authority.
</P>
<P>(1) Spoil is to be transported and placed in a specified and controlled manner which will ensure stability of the fill.
</P>
<P>(i) The method of spoil placement shall be designed to ensure mass stability and prevent mass movement in accordance with the additional requirements of this section.
</P>
<P>(ii) Loads of noncemented clay shale and/or clay spoil in the fill shall be mixed with hard rock spoil in a controlled manner to limit on a unit basis concentrations of noncemented clay shale and clay in the fill. Such materials shall comprise no more than 20 percent of the fill volume as determined by tests performed by a registered engineer and approved by the regulatory authority.
</P>
<P>(2)(i) Stability analyses shall be made by the registered professional engineer. Parameters used in the stability analyses shall be based on adequate field reconnaissance, subsurface investigations, including borings, and laboratory tests.
</P>
<P>(ii) The embankment which constitutes the valley fill or head-of-hollow fill shall be designed with the following factors of safety:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Case
</TH><TH class="gpotbl_colhed" scope="col">Design condition
</TH><TH class="gpotbl_colhed" scope="col">Minimum factor of safety
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">I</TD><TD align="left" class="gpotbl_cell">End of construction</TD><TD align="right" class="gpotbl_cell">1.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">II</TD><TD align="left" class="gpotbl_cell">Earthquake</TD><TD align="right" class="gpotbl_cell">1.1</TD></TR></TABLE></DIV></DIV>
<P>(3) The design of a head-of-hollow fill shall include an internal drainage system which will ensure continued free drainage of anticipated seepage from precipitation and from springs or wet weather seeps.
</P>
<P>(i) Anticipated discharge from springs and seeps and due to precipitation shall be based on records and/or field investigations to determine seasonal variation. The design of the internal drainage system shall be based on the maximum anticipated discharge.
</P>
<P>(ii) All granular material used for the drainage system shall be free of clay and consist of durable particles such as natural sands and gravels, sandstone, limestone or other durable rock which will not slake in water.
</P>
<P>(iii) The internal drain shall be protected by a properly designed filter system.
</P>
<P>(4) Surface water runoff from the areas adjacent to and above the fill shall not be allowed to flow onto the fill and shall be diverted into stabilized channels which are designed to pass safely the runoff from a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of § 715.17(c).
</P>
<P>(5) The top surface of the completed fill shall be graded such that the final slope after settlement will be no steeper than 1<I>v:</I>20<I>h</I> (5 percent) toward properly designed drainage channels in natural ground along the periphery of the fill. Surface runoff from the top surface of the fill shall not be allowed to flow over the outslope of the fill.
</P>
<P>(6) Surface runoff from the outslope of the fill shall be diverted off the fill to properly designed channels which will pass safely a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of § 715.17(c).
</P>
<P>(7) Terraces shall be constructed on the outslope if required for control of erosion or for roads included in the approved postmining land use plan. Terraces shall meet the following requirements:
</P>
<P>(i) The slope of the outslope between terrace benches shall not exceed 1<I>v:</I>2<I>h</I> (50 percent.).
</P>
<P>(ii) To control surface runoff, each terrace bench shall be graded to a slope of 1<I>v:</I>20<I>h</I> (5 percent) toward the embankment. Runoff shall be collected by a ditch along the intersection of each terrace bench and the outslope.
</P>
<P>(iii) Terrace ditches shall have a 5-percent slope toward the channels specified in paragraph (d)(6) of this section, unless steeper slopes are necessary in conjunction with approved roads.
</P>
<P>(e) <I>Preexisting benches.</I> (1) The regulatory authority may approve the disposal of excess spoil through placement on preexisting benches: <I>Provided,</I> That the standards set forth in paragraphs (a)(1)-(a)(5) and (a)(7)-(a)(14) of this section and the requirements of this paragraph (e) are met.
</P>
<P>(2) All spoil shall be placed on the solid portion of the preexisting bench.
</P>
<P>(3) The fill shall be designed, using standard geotechnical analysis, to attain a long-term static safety factor of 1.3 for all portions of the fill.
</P>
<P>(4) The preexisting bench shall be backfilled and graded to—
</P>
<P>(i) Achieve the most moderate slope possible which does not exceed the angle of repose, and
</P>
<P>(ii) Eliminate the highwall to the extent practicable.
</P>
<CITA TYPE="N">[44 FR 30628, May 25, 1979, as amended at 46 FR 37233, July 17, 1981; 47 FR 18555, Apr. 29, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 715.16" NODE="30:3.0.1.2.8.0.1.7" TYPE="SECTION">
<HEAD>§ 715.16   Topsoil handling.</HEAD>
<P>To prevent topsoil from being contaminated by spoil or waste materials, the permittee shall remove the topsoil as a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the requirements of paragraph (b) of this section on areas graded to the approved postmining configuration. The topsoil shall be segregated, stockpiled, and protected from wind and water erosion and from contaminants which lessen its capability to support vegetation if sufficient graded areas are not immediately available for redistribution.
</P>
<P>(a) <I>Topsoil removal.</I> All topsoil to be salvaged shall be removed before any drilling for blasting, mining, or other surface disturbance.
</P>
<P>(1) All topsoil shall be removed unless use of alternative materials is approved by the regulatory authority in accordance with paragraph (a)(4) of this section. Where the removal of topsoil results in erosion that may cause air or water pollution, the regulatory authority shall limit the size of the area from which topsoil may be removed at any one time and specify methods of treatment to control erosion of exposed overburden.
</P>
<P>(2) All of the A horizon of the topsoil as identified by soil surveys shall be removed according to paragraph (a) and then replaced on disturbed areas as the surface soil layers. Where the A horizon is less than 6 inches, a 6-inch layer that includes the A horizon and the unconsolidated material immediately below the A horizon (or all unconsolidated material if the total available is less than 6 inches) shall be removed and the mixture segregated and replaced as the surface soil layer.
</P>
<P>(3) Where necessary to obtain soil productivity consistent with postmining land use, the regulatory authority may require that the B horizon or portions of the C horizon or other underlying layers demonstrated to have comparable quality for root development be segregated and replaced as subsoil.
</P>
<P>(4) Selected overburden materials may be used instead of, or as a supplement to, topsoil where the resulting soil medium is equal to or more suitable for vegetation, and if all the following requirements are met:
</P>
<P>(i) The permittee demonstrates that the selected overburden materials or an overburden-topsoil mixture is more suitable for restoring land capability and productivity by the results of chemical and physical analyses. These analyses shall include determinations of pH, percent organic material, nitrogen, phosphorus, potassium, texture class, and water-holding capacity, and such other analyses as required by the regulatory authority. The regulatory authority also may require that results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using such overburden materials.
</P>
<P>(ii) The chemical and physical analyses and the results of field-site trials and greenhouse tests are accompanied by a certification from a qualified soil scientist or agronomist.
</P>
<P>(iii) The alternative material is removed, segregated, and replaced in conformance with this section.
</P>
<P>(b) <I>Topsoil redistribution.</I> (1) After final grading and before the topsoil is replaced, regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration.
</P>
<P>(2) Topsoil shall be redistributed in a manner that—
</P>
<P>(i) Achieves an approximate uniform thickness consistent with the postmining land uses;
</P>
<P>(ii) Prevents excess compaction of the spoil and topsoil; and
</P>
<P>(iii) Protects the topsoil from wind and water erosion before it is seeded and planted.
</P>
<P>(c) <I>Topsoil storage.</I> If the permit allows storage of topsoil, the stockpiled topsoil shall be placed on a stable area within the permit area where it will not be disturbed or be exposed to excessive water, wind erosion, or contaminants which lessen its capability to support vegetation before it can be redistributed on terrain graded to final contour. Stockpiles shall be selectively placed and protected from wind and water erosion, unnecessary compaction, and contamination by undesirable materials either by a vegetative cover as defined in § 715.20(g) or by other methods demonstrated to provide equal protection such as snow fences, chemical binders, and mulching. Unless approved by the regulatory authority, stockpiled topsoil shall not be moved until required for redistribution on a disturbed area.
</P>
<P>(d) <I>Nutrients and soil amendments.</I> Nutrients and soil amendments in the amounts and analyses as determined by soil tests shall be applied to the surface soil layer so that it will support the postmining requirements of § 715.13 and the revegetation requirements of § 715.20. 


</P>
</DIV8>


<DIV8 N="§ 715.17" NODE="30:3.0.1.2.8.0.1.8" TYPE="SECTION">
<HEAD>§ 715.17   Protection of the hydrologic system.</HEAD>
<P>The permittee shall plan and conduct coal mining and reclamation operations to minimize disturbance to the prevailing hydrologic balance in order to prevent long-term adverse changes in the hydrologic balance that could result from surface coal mining and reclamation operations, both on- and off-site. Changes in water quality and quantity, in the depth to ground water, and in the location of surface water drainage channels shall be minimized such that the postmining land use of the disturbed land is not adversely affected and applicable Federal and State statutes and regulations are not violated. The permittee shall conduct operations so as to minimize water pollution and shall, where necessary, use treatment methods to control water pollution. The permittee shall emphasize surface coal mining and reclamation practices that will prevent or minimize water pollution and changes in flows in preference to the use of water treatment facilities. Practices to control and minimize pollution include, but are not limited to, stabilizing disturbed areas through grading, diverting runoff, achieving quick growing stands of temporary vegetation, lining drainage channels with rock or vegetation, mulching, sealing acid-forming and toxic-forming materials, and selectively placing waste materials in backfill areas. If pollution can be controlled only by treatment, the permittee shall operate and maintain the necessary water-treatment facilities for as long as treatment is required. 
</P>
<P>(a) <I>Water quality standards and effluent limitations.</I> All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. Sedimentation ponds shall be retained until drainage from the disturbed areas has met the water quality requirements of this section and the revegetation requirements of § 715.20 have been met. The regulatory authority may grant exemptions from this requirement only when the disturbed drainage area within the total disturbed area is small and if the permittee shows that sedimentation ponds are necessary to meet the effluent limitations of this paragraph and to maintain water quality in downstream receiving waters. For purpose of this section only, disturbed area shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this section and the upstream area is not otherwise disturbed by the permittee. Sedimentation ponds required by this paragraph shall be constructed in accordance with paragraph (e) of this section in appropriate locations prior to any mining in the affected drainage area in order to control sedimentation or otherwise treat water in accordance with this paragraph. Discharges from areas disturbed by surface coal mining and reclamation operations must meet all applicable Federal and State laws and regulations and, at a minimum, the following numerical effluent limitations:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Effluent Limitations, in Milligrams Per Liter, mg/l, Except for pH
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Effluent characteristics
</TH><TH class="gpotbl_colhed" scope="col">Maximum allowable 
<sup>1</sup>
</TH><TH class="gpotbl_colhed" scope="col">Average of daily values for 30 consecutive discharge days 
<sup>1</sup>
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Iron, total</TD><TD align="right" class="gpotbl_cell">7.0</TD><TD align="right" class="gpotbl_cell">3.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Manganese, total</TD><TD align="right" class="gpotbl_cell">4.0</TD><TD align="right" class="gpotbl_cell">2.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Total suspended solids 
<sup>2</sup></TD><TD align="right" class="gpotbl_cell">70.0</TD><TD align="right" class="gpotbl_cell">35.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">pH 
<sup>3</sup></TD><TD align="right" class="gpotbl_cell">(
<sup>4</sup> )</TD><TD align="right" class="gpotbl_cell">(
<sup>4</sup> )
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Based on representative sampling.
</P><P class="gpotbl_note">
<sup>2</sup> In Arizona, Colorado, Montana, New Mexico, North Dakota, South Dakota, Utah, and Wyoming, total suspended solids limitations will be determined on a case-by-case basis, but they must not be greater than 45 mg/l (maximum allowable) and 30 mg/l (average of daily value for 30 consecutive discharge days) based on a representative sampling. 
</P><P class="gpotbl_note">
<sup>3</sup> Where the application of neutralization and sedimentation treatment technology results in inability to comply with the manganese limitation set forth, the regulatory authority may allow the pH level in the discharge to exceed to a small extent the upper limit of 9.0 in order that the manganese limitations will be achieved.
</P><P class="gpotbl_note">
<sup>4</sup> Within the range 6.0 to 9.0.</P></DIV></DIV>
<P>(1) Any overflow or other discharge of surface water from the disturbed area within the permit area demonstrated by the permittee to result from a precipitation event larger than a 10-year, 24-hours frequency event will not be subject to the effluent limitations of paragraph (a). 
</P>
<P>(2) The permittee shall install, operate, and maintain adequate facilities to treat any water discharged from the disturbed area that violates applicable federal or State laws or regulations or the limitations of paragraph (a). If the pH of waters to be discharged from the disturbed area is normally less than 6.0, an automatic line feeder or other neutralization process approved by the regulatory authority shall be installed operated, and maintained. If, the regulatory authority finds (i) that small and infrequent treatment requirements to meet applicable standards do not necessitate use of an automatic neutralization process, and (ii) that the mine normally produces less than 500 tons of coal per day, then the regulatory authority may approve the use of a manual system if the permittee ensures consistent and timely treatment. 
</P>
<P>(3) The effluent limitations for manganese shall be applicable only to acid drainage. 
</P>
<P>(b) <I>Surface-water monitoring.</I> (1) The permittee shall submit for approval by the regulatory authority a surface-water monitoring program which meets the following requirements: 
</P>
<P>(i) Provides adequate monitoring of all discharge from the disturbed area. 
</P>
<P>(ii) Provides adequate data to describe the likely daily and seasonal variation in discharges from the disturbed area in terms of water flow, pH, total iron, total manganese, and total suspended solids and, if requested by the regulatory authority, any other parameter characteristic of the discharge. 
</P>
<P>(iii) Provides monitoring at appropriate frequencies to measure normal and abnormal variations in concentrations. 
</P>
<P>(iv) Provides an analytical quality control system including standard methods of analysis such as those specified in 40 CFR 136. 
</P>
<P>(v) Within sixty (60) days of the end of each sixty (60) day sample collection period, a report of all samples shall be made to the regulatory authority, unless the discharge for which water monitoring reports are required is subject to regulation by a National Pollution Discharge Elimination System (NPDES) permit issued in compliance with the Clean Water Act of 1977 (33 U.S.C. 1251-1378), (A) which includes equivalent reporting requirements, and (B) which requires filing of the water monitoring report within 90 days or less of sample collection. For such discharges, the reporting requirements of this paragraph may be satisfied by submitting to the regulatory authority on the same time schedule as required by the NPDES permit or within ninety (90) days following sample collection, whichever is earlier, either (<I>1</I>) a copy of the completed reporting form filed to meet the NPDES permit requirements, or (<I>2</I>) a letter identifying the State or Federal government official with whom the reporting form was filed to meet the NPDES permit requirements and the date of filing. In all cases in which analytical results of the sample collections indicate a violation of a permit condition or applicable standard has occurred, the operator shall notify the regulatory authority immediately. Where an NPDES permit effluent limitation requirement has been violated, the permittee should forward a copy of the Discharge Monitoring Report, EPA Form 3320-1, concurrently with notification of the violation. 
</P>
<P>(2) After disturbed areas have been regraded and stabilized in accordance with this part, the permittee shall monitor surface water flow and quality. Data from this monitoring shall be used to demonstrate that the quality and quantity of runoff without treatment will be consistent with the requirement of this section to minimize disturbance to the prevailing hydrologic balance and with the requirements of this part to attain the approved postmining land use. These data shall provide a basis for approval by the regulatory authority for removal of water quality or flow control systems and for determining when the requirements of this section are met. The regulatory authority shall determine the nature of data, frequency of collection, and reporting requirements.
</P>
<P>(3) Equipment, structures, and other measures necessary to accurately measure and sample the quality and quantity of surface water discharges from the disturbed area of the permit area shall be properly installed, maintained, and operated and shall be removed when no longer required.
</P>
<P>(c) <I>Diversion and conveyance of overland flow away from disturbed areas.</I> In order to minimize erosion and to prevent or remove water from contacting toxic-producing deposits, overland flow from undisturbed areas may, if required or approved by the regulatory authority, be diverted away from disturbed areas by means of temporary or permanent diversion structures. The following requirements shall be met:
</P>
<P>(1) Temporary diversion structures shall be constructed to safely pass the peak runoff from a precipitation event with a one year recurrence interval, or a larger event as specified by the regulatory authority. The design criteria must assure adequate protection of the environment and public during the existence of the temporary diversion structure.
</P>
<P>(2) Permanent diversion structures are those remaining after mining and reclamation and approved for retention by the regulatory authority and other appropriate State and Federal agencies. To protect fills and property and to avoid danger to public health and safety, permanent diversion structures shall be constructed to safely pass the peak runoff from a precipitation event with a 100-year recurrence interval, or a larger event as specified by the regulatory authority. Permanent diversion structures shall be constructed with gently sloping banks that are stabilized by vegetation. Asphalt, concrete, or other similar linings shall not be used unless specifically required to prevent seepage or to provide stability and are approved by the regulatory authority.
</P>
<P>(3) Diversions shall be designed, constructed, and maintained in a manner to prevent additional contributions of suspended solids to streamflow or to runoff outside the permit area to the extent possible, using the best technology currently available. In no event shall such contributions be in excess of requirements set by applicable State or Federal law. Appropriate sediment control measures for these diversions shall include, but not be limited to, maintenances of appropriate gradients, channel lining, revegetation, roughness structures, and detention basins.
</P>
<P>(d) <I>Stream channel diversions.</I> (1) Flow from perennial and intermittent streams within the permit area may be diverted only when the diversions are approved by the regulatory authority and they are in compliance with local, State, and Federal statutes and regulations. When streamflow is allowed to be diverted, the new stream channel shall be designed and constructed to meet the following requirements:
</P>
<P>(i) The average stream gradient shall be maintained and the channel designed, constructed, and maintained to remain stable and to prevent additional contributions of suspended solids to streamflow, or to runoff outside the permit area to the extent possible, using the best technology currently available. In no event shall such contributions be in excess of requirements set by applicable State or Federal law. Erosion control structures such as channel lining structures, retention basins, and artificial channel roughness structures shall be used only when approved by the regulatory agency for temporary diversions where necessary or for permanent diversions where they are stable and will require only infrequent maintenance.
</P>
<P>(ii) Channel, bank, and flood-plain configurations shall be adequate to safely pass the peak runoff of a precipitation event with a 10-year recurrence interval for temporary diversions and a 100-year recurrence interval for permanent diversions, or larger events as specified by the regulatory authority.
</P>
<P>(iii) Fish and wildlife habitat and water and vegetation of significant value for wildlife shall be protected in consultation with appropriate State and Federal fish and wildlife management agencies.
</P>
<P>(2) All temporary diversion structures shall be removed and the affected land regraded and revegetated consistent with the requirements of §§ 715.14 and 715.20. At the time such diversions are removed, the permittee shall ensure that downstream water treatment facilities previously protected by the diversion are modified or removed to prevent overtopping or failure of the facilities.
</P>
<P>(3) <I>Buffer zone.</I> No land within 100 feet of an intermittent or perennial stream shall be disturbed by surface coal mining and reclamation operations unless the regulatory authority specifically authorizes surface coal mining and reclamation operations through such a stream. The area not to be disturbed shall be designated a buffer zone and marked as specified in § 715.12. 
</P>
<P>(e) <I>Sedimentation ponds</I>—(1) <I>General requirements.</I> Sedimentation ponds shall be used individually or in series and shall—
</P>
<P>(i) Be constructed before any disturbance of the undisturbed area to be drained into the pond;
</P>
<P>(ii) Be located as near as possible to the disturbed area and out of perennial streams; unless approved by the regulatory authority;
</P>
<P>(iii) Meet all the criteria of this section.
</P>
<P>(2) <I>Sediment storage volume.</I> Sedimentation ponds shall provide a minimum sediment storage volume. 
</P>
<P>(3) <I>Detention time.</I> Sedimentation ponds shall provide the required theoretical detention time for the water inflow or runoff entering the pond from a 10-year, 24-hour precipitation event (design event). 
</P>
<P>(4) <I>Dewatering.</I> The water storage resulting from inflow shall be removed by a nonclogging dewatering device or a conduit spillway approved by the regulatory authority. The dewatering device shall not be located at a lower elevation than the maximum elevation of the sedimentation storage volume.
</P>
<P>(5) Each person who conducts surface mining activities shall design, construct, and maintain sedimentation ponds to prevent short-circuiting to the extent possible.
</P>
<P>(6) The design, construction, and maintenance of a sedimentation pond or other sediment control measures in accordance with this section shall not relieve the person from compliance with applicable effluent limitations as contained in paragraph (a) of this section.
</P>
<P>(7) There shall be no out-flow through the emergency spillway during the passage of the runoff resulting from the 10-year, 24-hour precipitation event or lesser events through the sedimentation pond.
</P>
<P>(8) Sediment shall be removed from sedimentation ponds. 
</P>
<P>(9) An appropriate combination of principal and emergency spillways shall be provided to safely discharge the runoff from a 25-year, 24-hour precipitation event, or larger event specified by the regulatory authority. The elevation of the crest of the emergency spillway shall be a minimum of 1.0 foot above the crest of the principal spillway. Emergency spillway grades and allowable velocities shall be approved by the regulatory authority.
</P>
<P>(10) The minimum elevation at the top of the settled embankment shall be 1.0 foot above the water surface in the pond with the emergency spillway flowing at design depth. For embankments subject to settlement, this 1.0 foot minimum elevation requirement shall apply at all times, including the period after settlement.
</P>
<P>(11) The constructed height of the dam shall be increased a minimum of 5 percent over the design height to allow for settlement, unless it has been demonstrated to the regulatory authority that the material used and the design will ensure against all settlement.
</P>
<P>(12) The minimum top width of the embankment shall not be less than the quotient of (H + 35)/5, where <I>H</I> is the height, in feet, of the embankment as measured from the upstream toe of the embankment.
</P>
<P>(13) The combined upstream and downstream side slopes of the settled embankment shall not be less than 1<I>v:</I>5<I>h,</I> with neither slope steeper than 1<I>v:</I>2<I>h.</I> Slopes shall be designed to be stable in all cases, even if flatter side slopes are required.
</P>
<P>(14) The embankment foundation areas shall be cleared of all organic matter, all surfaces sloped to no steeper than 1<I>v:</I>1<I>h,</I> and the entire foundation surface scarified.
</P>
<P>(15) The fill material shall be free of sod, large roots, other large vegetative matter, and frozen soil, and in on case shall coal-processing waste be used. 
</P>
<P>(16) The placing and spreading of fill material shall be started at the lowest point of the foundation. The fill shall be brought up in horizontal layers of such thickness as is required to facilitate compaction and meet the design requirements of this section. Compaction shall be conducted as specified in the design approved by the regulatory authority. 
</P>
<P>(17) If a sedimentation pond has an embankment that is more than 20 feet in height, as measured from the upstream toe of the embankment to the crest of the emergency spillway, or has a storage volume of 20 acre-feet or more, the following additional requirements shall be met: 
</P>
<P>(i) An appropriate combination of principal and emergency spillways shall be provided to discharge safely the runoff resulting from a 100-year, 24-hour precipitation event, or a larger event specified by the regulatory authority. 
</P>
<P>(ii) The embankment shall be designed and constructed with a static safety factor of at least 1.5, or a higher safety factor as designated by the regulatory authority to ensure stability. 
</P>
<P>(iii) Appropriate barriers shall be provided to control seepage along conduits that extend through the embankment. 
</P>
<P>(iv) The criteria of the Mine Safety and Health Administration as published in 30 CFR 77.216 shall be met. 
</P>
<P>(18) Each pond shall be designed and inspected during construction under the supervision of, and certified after construction by, a registered professional engineer. 
</P>
<P>(19) The entire embankment including the surrounding areas disturbed by construction shall be stabilized with respect to erosion by a vegetative cover or other means immediately after the embankment is completed. The active upstream face of the embankment where water will be impounded may be riprapped or otherwise stabilized. Areas in which the vegetation is not successful or where rills and gullies develop shall be repaired and revegetated in accordance with § 715.20. 
</P>
<P>(20) All ponds, including those not meeting the size or other criteria of 30 CFR 77.216(a), shall be examined for structural weakness, erosion, and other hazardous conditions, and reports and modifications shall be made to the regulatory authority, in accordance with 30 CFR 77.216-3. With the approval of the regulatory authority, dams not meeting these criteria (30 CFR 77.216(a)) shall be examined four times per year. 
</P>
<P>(21) Sedimentation ponds shall not be removed until the disturbed area has been restored, and the vegetation requirements of § 715.20 are met and the drainage entering the pond has met the applicable State and Federal water quality requirements for the receiving stream. When the sedimentation pond is removed, the affected land shall be regraded and revegetated in accordance with §§ 715.14, 715.16, and 715.20, unless the pond has been approved by the regulatory authority for retention as being compatible with the approved postmining land use. If the regulatory authority approves retention, the sedimentation pond shall meet all the requirements for permanent impoundments of paragraph (k) of this section. 
</P>
<P>(22)(i) Where surface mining activities are proposed to be conducted on steep slopes, as defined in § 716.2 of this chapter, special sediment control measures may be followed if the person has demonstrated to the regulatory authority that a sedimentation pond (or series of ponds) constructed according to paragraph (e) of this section—
</P>
<P>(A) Will jeopardize public health and safety; or 
</P>
<P>(B) Will result in contributions of suspended solids to streamflow in excess of the incremental sediment volume trapped by the additional pond size required. 
</P>
<P>(ii) Special sediment control measures shall include but not be limited to—
</P>
<P>(A) Designing, constructing, and maintaining a sedimentation pond as near as physically possible to the disturbed area which complies with the design criteria of this section to the maximum extent possible. 
</P>
<P>(B) A plan and commitment to employ sufficient onsite sedimentation control measures including bench sediment storage, filtration by natural vegetation, mulching, and prompt revegetation which, in conjunction with the required sediment pond, will achieve and maintain applicable effluent limitations. The plan submitted pursuant to this paragraph shall include a detailed description of all onsite control measures to be employed, a quantitative analysis demonstrating that onsite sedimentation control measures, in conjunction with the required sedimentation pond, will achieve and maintain applicable effluent limitations, and maps depicting the location of all onsite sedimentation control measures. 
</P>
<P>(f) <I>Discharge structures.</I> Discharges from sedimentation ponds and diversions shall be controlled, where necessary, using energy dissipators, surge ponds, and other devices to reduce erosion and prevent deepening or enlargement of stream channels and to minimize disturbances to the hydrologic balance.
</P>
<P>(g) <I>Acid and toxic materials.</I> Drainage from acid-forming and toxic-forming mine waste materials and soils into ground and surface water shall be avoided by—
</P>
<P>(1) Identifying, burying, and treating where necessary, spoil or other materials that, in the judgment of the regulatory authority, will be toxic to vegetation or that will adversely affect water quality if not treated or buried. Such material shall be disposed of in accordance with the provision of § 715.14(j);
</P>
<P>(2) Preventing or removing water from contact with toxic-producing deposits;
</P>
<P>(3) Burying or otherwise treating all toxic or harmful materials within 30 days, if such materials are subject to wind and water erosion, or within a lesser period designated by the regulatory authority. If storage of such materials is approved, the materials shall be placed on impermeable material and protected from erosion and contact with surface water. Coal waste ponds and other coal waste materials shall be maintained according to paragraph (g)(4) of this section, and § 715.18 shall apply;
</P>
<P>(4) Burying or otherwise treating waste materials from coal preparation plants no later than 90 days after the cessation of the filling of the disposal area. Burial or treatment shall be in accordance with § 715.14(j);
</P>
<P>(5) Casing, sealing or otherwise managing boreholes, shafts, wells, and auger holes or other more or less horizontal holes to prevent pollution of surface or ground water and to prevent mixing of ground waters of significantly different quality. All boreholes that are within the permit area but are outside the surface coal mining area or which extend beneath the coal to be mined and into water bearing strata shall be plugged permanently in a manner approved by the regulatory authority, unless the boreholes have been approved for use in monitoring;
</P>
<P>(6) Taking such other actions as required by the regulatory authority.
</P>
<P>(h) <I>Ground water</I>—(1) <I>Recharge capacity of reclaimed lands.</I> The disturbed area shall be reclaimed to restore approximate premining recharge capacity through restoration of the capability of the reclaimed areas as a whole to transmit water to the ground water system. The recharge capacity should be restored to support the approved postmining land use and to minimize disturbances to the prevailing hydrologic balance at the mined area and in associated offsite areas. The permittee shall be responsible for monitoring according to paragraph (h)(3) of this section to ensure operations conform to this requirement. 
</P>
<P>(2) <I>Ground water systems.</I> Backfilled materials shall be placed to minimize adverse effects on ground water flow and quality, to minimize offsite effects, and to support the approved postmining land use. The permittee shall be responsible for performing monitoring according to paragraph (h)(3) of this section to ensure operations conform to this requirement.
</P>
<P>(3) <I>Monitoring.</I> Ground water levels, infiltration rates, subsurface flow and storage characteristics, and the quality of ground water shall be monitored in a manner approved by the regulatory authority to determine the effects of surface coal mining and reclamation operations on the recharge capacity of reclaimed lands and on the quantity and quality of water in ground water systems at the mine area and in associated offsite areas. When operations are conducted in such a manner that may affect the ground water system, ground water levels and ground water quality shall be periodically monitored using wells that can adequately reflect changes in ground water quantity and quality resulting from such operations. Sufficient water wells must be used by the permittee. The regulatory authority may require drilling and development of additional wells if needed to adequately monitor the ground water system. As specified and approved by the regulatory authority, additional hydrologic tests, such as infiltration tests and aquifer tests, must be undertaken by the permittee to demonstrate compliance with paragraph (h) (1) and (2) of this section. 
</P>
<P>(i) <I>Water rights and replacement.</I> The permittee shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from surface coal mine operation by the permittee.
</P>
<P>(j) <I>Alluvial valley floors west of the 100th meridian west longitude.</I> (1) Surface coal mining operations conducted in or adjacent to alluvial valley floors shall be planned and conducted so as to preserve the essential hydrologic functions of these alluvial valley floors throughout the mining and reclamation process. These functions shall be preserved by maintaining or reestablishing those hydrologic and biologic characteristics of the alluvial valley floor that are necessary to support the functions. The permittee shall provide information to the regulatory authority as required in paragraph (j)(3) of this section to allow identification of essential hydrologic functions and demonstrate that the functions will be preserved. The characteristics of an alluvial valley floor to be considered include, but are not limited to—
</P>
<P>(i) The longitudinal profile (gradient), cross-sectional shape, and other channel characteristics of streams that have formed within the alluvial valley floor and that provide for maintenance of the prevailing conditions of surface flow;
</P>
<P>(ii) Aquifers (including capillary zones and perched water zones) and confining beds within the mined area which provide for storage, transmission, and regulation of natural ground water and surface water that supply the alluvial valley floors;
</P>
<P>(iii) Quantity and quality of surface and ground water that supply alluvial valley floors;
</P>
<P>(iv) Depth to and seasonal fluctuations of ground water beneath alluvial valley floors;
</P>
<P>(v) Configuration and stability of the land surface in the flood plain and adjacent low terraces in alluvial valley floors as they allow or facilitate irrigation with flood waters or subirrigation and maintain erosional equilibrium; and 
</P>
<P>(vi) Moisture-holding capacity of soils (or plant growth medium) within the alluvial valley floors, and physical and chemical characteristics of the subsoil which provide for sustained vegetation growth or cover through dry months.
</P>
<P>(2) Surface coal mining operations located west of the 100th meridian west longitude shall not interrupt, discontinue, or preclude farming on alluvial valley floors and shall not materially damage the quantity or quality of surface or ground water that supplies these valley floors unless the premining land use has been undeveloped rangeland which is not significant to farming on the alluvial valley floors or unless the area of affected alluvial valley floor is small and provides negligible support for the production from one or more farms. This paragraph (j)(2) does not apply to those surface coal mining operations that— 
</P>
<P>(i) Were in production in the year preceding August 3, 1977, were located in or adjacent to an alluvial valley floor, and produced coal in commercial quantities during the year preceding August 3, 1977; or 
</P>
<P>(ii) Had specific permit approval by the State regulatory authority before August 3, 1977, to conduct surface coal mining operations for an area within an alluvial valley floor. 
</P>
<P>(3)(i) Before surface mining and reclamation operations authorized under paragraph (j)(2) of this section may be issued a new revised or amended permit, the permittee shall submit, for regulatory authority approval, detailed surveys and baseline data to establish standards against which the requirements of paragraph (j)(1) of this section may be measured and from which the degree of material damage to the quantity and quality of surface and ground water that supply the alluvial valley floors may be assessed. The surveys and date shall include— 
</P>
<P>(A) A map at a scale determined by the regulatory authority, showing the location and configuration of the alluvial valley floor; 
</P>
<P>(B) Baseline data covering a full water year for each of the hydrologic functions identified in paragraph (j)(1) of this section; 
</P>
<P>(C) Plans showing how the operation will avoid, during mining and reclamation, interruption, discontinuance, or preclusion of farming on the alluvial valley floors and will not materially damage the quantity or quality of water in surface and ground water systems that supply such valley floors; 
</P>
<P>(D) Historic land use data for the proposed permit area and for farms to be affected; and 
</P>
<P>(E) Such other data as the regulatory authority may require. 
</P>
<P>(ii) Surface mining operations which qualify for the exceptions in paragraph (j)(2) of this section are not required to submit the plans prescribed in paragraph (j)(3)(i)(C) of this section. 
</P>
<P>(4) The holder of a Federal coal lease or the fee holder of any coal deposit located within or adjacent to an alluvial valley floor west of the 100th meridian west from which coal was not produced in commercial quantities between August 3, 1976, and August 3, 1977, and for which no specific permit by the appropriate State or Federal regulatory authority to conduct surface coal mining operations in the alluvial valley floors has been obtained, may be entitled to an exchange of the Federal coal lease for a lease of other Federal coal deposits under section 510(b)(5) of the Act, or to the conveyance by the Secretary of fee title to other available Federal coal deposits in exchange for the fee title to such deposits under section 206 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743), if the Secretary determines that substantial financial and legal commitments were made by the operator prior to January 1, 1977, in connection with surface coal mining operations on such lands. 
</P>
<P>(k) <I>Permanent impoundments.</I> The permittee may construct, if authorized by the regulatory agency pursuant to this paragraph and § 715.13, permanent water impoundments on mining sites as a part of reclamation activities only when they are adequately demonstrated to be incompliance with §§ 715.13 and 715.14 in addition to the following requirements: 
</P>
<P>(1) The size of the impoundment is adequate for its intended purposes. 
</P>
<P>(2) The impoundment dam construction is designed to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under Pub. L. 83-566 (16 U.S.C. 1006). 
</P>
<P>(3) The quality of the impounded water will be suitable on a permanent basis for its intended use and discharges from the impoundment will not degrade the quality of receiving waters below the water quality standards established pursuant to applicable Federal and State law. 
</P>
<P>(4) The level of water will be reasonably stable. 
</P>
<P>(5) Final grading will comply with the provisions of § 715.14 and will provide adequate safety and access for proposed water users. 
</P>
<P>(6) Water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses. 
</P>
<P>(l) <I>Hydrologic impact of roads</I>—(1) <I>General.</I> Access and haul roads and associated bridges, culverts, ditches, and road rights-of-way shall be constructed, maintained, and reclaimed to prevent additional contributions of suspended solids to streamflow, or to runoff outside the permit area to the extent possible, using the best technology currently available. In no event shall the contributions be in excess of requirements set by applicable State or Federal law. All access and haul roads shall be removed and the land affected regraded and revegetated consistent with the requirements of §§ 715.14 and 715.20, unless retention of a road is approved as part of a postmining land use under § 715.13 as being necessary to support the postmining land use or necessary to adequately control erosion and the necessary maintenance is assured.
</P>
<P>(2) <I>Construction.</I> (i) All roads, insofar as possible, shall be located on ridges or on the available flatter and more stable slopes to minimize erosion. Stream fords are prohibited unless they are specifically approved by the regulatory authority as temporary routes across dry streams that will not adversely affect sedimentation and that will not be used for coal haulage. Other stream crossings shall be made using bridges, culverts or other structures designed and constructed to meet the requirements of this paragraph. Roads shall not be located in active stream channels nor shall they be constructed or maintained in a manner that increases erosion or causes significant sedimentation or flooding. However, nothing in this paragraph will be construed to prohibit relocation of stream channels in accordance with paragraph (d) of this section.
</P>
<P>(ii) In order to minimize erosion and subsequent disturbances of the hydrologic balance, roads shall be constructed in compliance with the following grade restrictions or other grades determined by the regulatory authority to be necessary to control erosion:
</P>
<P>(A) The overall sustained grade shall not exceed 1<I>v:</I>10<I>h</I> (10 percent).
</P>
<P>(B) The maximum grade greater than 10 percent shall not exceed 1<I>v:</I>6.5<I>h</I> (15 percent) for more than 300 feet.
</P>
<P>(C) There shall not be more than 300 feet of grade exceeding 10 percent within each 1,000 feet.
</P>
<P>(iii) All access and haul roads shall be adequately drained using structures such as, but not limited to, ditches, water barriers, cross drains, and ditch relief drains. For access and haul roads that are to be maintained for more than 1 year, water-control structures shall be designed with a discharge capacity capable of passing the peak runoff from a 10-year, 24-hour precipitation event. Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets. Drainage ditches shall be provided at the toe of all cut slopes formed by construction of roads. Trash racks and debris basins shall be installed in the drainage ditches wherever debris from the drainage area could impair the functions of drainage and sediment control structures. Ditch relief and cross drains shall be spaced according to grade. Effluent limitations of paragraph (a) of this section shall not apply to drainage from access and hauls roads located outside the disturbed area as defined in this section unless otherwise specified by the regulatory authority.
</P>
<P>(iv) Access and haul roads shall be surfaced with durable material. Toxic- or acid-forming substances shall not be used. Vegetation may be cleared only for the essential width necessary for road and associated ditch construction and to serve traffic needs.
</P>
<P>(3) <I>Maintenance.</I> (i) Access and haul roads shall be routinely maintained by means such as, but not limited to, wetting, scraping or surfacing.
</P>
<P>(ii) Ditches, culverts, drains, trash racks, debris basins and other structures serving to drain access and haul roads shall not be restricted or blocked in any manner that impedes drainage or adversely affects the intended purpose of the structure.
</P>
<P>(m) <I>Hydrologic impacts of other transport facilities.</I> Railroad loops, spurs, sidings and other transport facilities shall be constructed, maintained and reclaimed to control diminution or degradation of water quality and quantity and to prevent additional contributions of suspended solids to streamflow, or to run-off outside the permit area to the extent possible, using the best technology currently available. In no event shall contributions be in excess of requirements set by applicable State or Federal law.
</P>
<P>(n) <I>Discharge of waters into underground mines.</I> Surface and ground waters shall not be discharged or diverted into underground mine workings. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 102, 201, 501, 503-510, 515-517, 523, and 701, Surface Mining Act of 1977, Pub. L. 95-87), 30 U.S.C. 1201, 1202, 1211, 1251-1260, 1265-1267, 1273, 1291)) 
</SECAUTH>
<CITA TYPE="N">[42 FR 62680, Dec. 13, 1977; 43 FR 2721, Jan. 19, 1978; 43 FR 3705, Jan. 27, 1978, as amended at 43 FR 8091, Feb. 27, 1978; 43 FR 21458, May 18, 1978; 44 FR 30631, May 25, 1979; 44 FR 36887, June 22, 1979; 44 FR 77451, Dec. 31, 1979; 45 FR 6913, Jan. 30, 1980] 
</CITA>
<EFFDNOT>
<HED>Effective Date Note:</HED><PSPACE>A document published at 44 FR 77451, Dec. 31, 1979, temporarily suspended § 715.17(a)(1) insofar as it applies to total suspended solids (TSS) discharges.</PSPACE></EFFDNOT>
</DIV8>


<DIV8 N="§ 715.18" NODE="30:3.0.1.2.8.0.1.9" TYPE="SECTION">
<HEAD>§ 715.18   Dams constructed of or impounding waste material.</HEAD>
<P>(a) <I>General.</I> No waste material shall be used in or impounded by existing or new dams without the approval of the regulatory authority. The permittee shall design, locate, construct, operate, maintain, modify, and abandon or remove all dams (used either temporarily or permanently) constructed of waste materials, in accordance with the requirements of this section.
</P>
<P>(b) <I>Construction of dams.</I> (1) Waste shall not be used in the construction of dams unless demonstrated through appropriate engineering analysis, to have no adverse effect on stability.
</P>
<P>(2) Plans for dams subject to this section, and also including those dams that do not meet the size or other criteria of § 77.216(a) of this title, shall be approved by the regulatory authority before construction and shall contain the minimum plan requirements established by the Mining Enforcement and Safety Administration pursuant to § 77.216-2 of this title.
</P>
<P>(3) Construction requirements are as follows:
</P>
<P>(i) Design shall be based on the flood from the probable maximum precipitation event unless the permittee shows that the failure of the impounding structure would not cause loss of life or severely damage property or the environment, in which case depending on site conditions, a design based on a precipitations event of no less than 100-year frequency may be approved by the regulatory authority.
</P>
<P>(ii) The design freeboard distance between the lowest point on the embankment crest and the maximum water elevation shall be at least 3 feet to avoid overtopping by wind and wave action.
</P>
<P>(iii) Dams shall have minimum safety factors as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Case
</TH><TH class="gpotbl_colhed" scope="col">Loading condition
</TH><TH class="gpotbl_colhed" scope="col">Minimum safety factor
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">I</TD><TD align="left" class="gpotbl_cell">End of construction</TD><TD align="right" class="gpotbl_cell">1.3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">II</TD><TD align="left" class="gpotbl_cell">Partial pool with steady seepage saturation</TD><TD align="right" class="gpotbl_cell">1.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">III</TD><TD align="left" class="gpotbl_cell">Steady seepage from spillway or decant crest</TD><TD align="right" class="gpotbl_cell">1.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">IV</TD><TD align="left" class="gpotbl_cell">Earthquake (cases II and III with seismic loading)</TD><TD align="right" class="gpotbl_cell">1.0</TD></TR></TABLE></DIV></DIV>
<P>(iv) The dam, foundation, and abutments shall be stable under all conditions of construction and operation of the impoundment. Sufficient foundation investigations and laboratory testing shall be performed to determine the factors of safety of the dam for all loading conditions in paragraph (b)(3)(iii) of this section and for all increments of construction. 
</P>
<P>(v) Seepage through the dam, foundation, and abutments shall be controlled to prevent excessive uplift pressures, internal erosion, sloughing, removal of material by solution, or erosion of material by loss into cracks, joints, and cavities. This may require the use of impervious blankets, pervious drainage zones or blankets, toe drains, relief wells, or dental concreting of jointed rock surface in contact with embankment materials. 
</P>
<P>(vi) Allowances shall be made for settlement of the dams and the foundation so that the freeboard will be maintained.
</P>
<P>(vii) Impoundments created by dams of waste materials shall be subject to a minimum drawdown criteria that allows the facility to be evacuated by spillways or decants of 90 percent of the volume of water stored during the design precipitation event within 10 days. 
</P>
<P>(viii) During construction of dams subject to this section, the structures shall be periodically inspected by a registered professional engineer to ensure construction according to the approved design. On completion of construction, the structure shall be certified by a registered professional engineer experienced in the field of dam construction as having been constructed in accordance with accepted professional practice and the approved design. 
</P>
<P>(ix) A permanent identification marker, at least 6 feet high that shows the dam number assigned pursuant to § 77.216-1 of this title and the name of the person operating or controlling the dam, shall be located on or immediately adjacent to each dam within 30 days of certification of design pursuant to this section. 
</P>
<P>(4) All dams, including those not meeting the size or other criteria of § 77.216 (a) of this title, shall be routinely inspected by a registered professional engineer, or someone under the supervision of a registered professional engineer, in accordance with Mining Enforcement and Safety Administration regulations pursuant to § 77.216-3 of this title.
</P>
<P>(5) All dams shall be routinely maintained. Vegetative growth shall be cut where necessary to facilitate inspection and repairs. Ditches and spillways shall be cleaned. Any combustible materials present on the surface, other than that used for surface stability such as mulch or dry vegetation, shall be removed and any other appropriate maintenance procedures followed. 
</P>
<P>(6) All dams subject to this section shall be certified annually as having been constructed and modified in accordance with current prudent engineering practices to minimize the possibility of failures, Any changes in the geometry of the impounding structure shall be highlighted and included in the annual certification report. These certifications shall include a report on existing and required monitoring procedures and instrumentation, the average and maximum depths and elevations of any impounded waters over the past year, existing storage capacity of impounding structures, any fires occurring in the material over the past year and any other aspects of the structures affecting their stability. 
</P>
<P>(7) Any enlargements, reductions in size, reconstruction or other modification of the dams shall be approved by the regulatory authority before construction begins.
</P>
<P>(8) All dams shall be removed and the disturbed areas regraded, revegetated, and stabilized before the release of bond unless the regulatory authority approves retention of such dams as being compatible with an approved postmining land use (§ 715.13). 


</P>
</DIV8>


<DIV8 N="§ 715.19" NODE="30:3.0.1.2.8.0.1.10" TYPE="SECTION">
<HEAD>§ 715.19   Use of explosives.</HEAD>
<P>(a) <I>General.</I> (1) The permittee shall comply with all applicable local, State, and Federal laws and regulations and the requirements of this section in the storage, handling, preparation, and use of explosives. 
</P>
<P>(2) Blasting operations that use more than the equivalent of 5 pounds of TNT shall be conducted according to a time schedule approved by the regulatory authority. 
</P>
<P>(3) All blasting operations shall be conducted by experienced, trained, and competent persons who understand the hazards involved. Persons working with explosive materials shall—
</P>
<P>(i) Have demonstrated a knowledge of, and a willingness to comply with, safety and security requirements; 
</P>
<P>(ii) Be capable of using mature judgment in all situations; 
</P>
<P>(iii) Be in good physical condition and not addicted to intoxicants, narcotics, or other similar types of drugs; 
</P>
<P>(iv) Possess current knowledge of the local, State and Federal laws and regulations applicable to his work; and 
</P>
<P>(v) Have obtained a certificate of completion of training and qualification as required by State law or the regulatory authority. 
</P>
<P>(b) <I>Preblasting survey.</I> (1) On the request to the regulatory authority of a resident or owner of a manmade dwelling or structure that is located within one-half mile of any part of the permit area, the permittee shall conduct a preblasting survey of the dwelling or structure and submit a report of the survey to the regulatory authority. 
</P>
<P>(2) Personnel approved by the regulatory authority shall conduct the survey to determine the condition of the dwelling or structure and to document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipes, cables, transmission lines, and wells and other water systems shall be limited to surface condition and other readily available data. Special attention shall be given to the preblasting condition of wells and other water systems used for human, animal, or agricultural purposes and to the quantity and quality of the water.
</P>
<P>(3) A written report of the survey shall be prepared and signed by the person or persons who conducted the survey and prepared the written report. The report shall include recommendations of any special conditions or proposed adjustments to the blasting procedures outlined in paragraph (e) of this section which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be provided to the person requesting the survey and to the regulatory authority.
</P>
<P>(c) <I>Public notice of blasting schedule.</I> At least 10 days, but not more than 20 days before beginning a blasting program in which explosives that use more than the equivalent of 5 pounds of TNT are detonated, the permittee shall publish a blasting schedule in a newspaper of general circulation in the locality of the proposed site. Copies of the schedule shall be distributed by mail to local governments and public utilities and to each residence within one-half mile of the blasting sites described in the schedule. The permittee shall republish and redistribute the schedule by mail at least every 3 months. Blasting schedules shall not be so general as to cover all working hours but shall identify as accurately as possible the location of the blasting sites and the time periods when blasting will occur. The blasting schedule shall contain at a minimum—
</P>
<P>(1) Identification of the specific areas in which blasting will take place. The specific blasting areas described shall not be larger than 300 acres with a generally contiguous border;
</P>
<P>(2) Dates and times when explosives are to be detonated expressed in not more than 4-hour increments;
</P>
<P>(3) Methods to be used to control access to the blasting area;
</P>
<P>(4) Types of audible warnings and all-clear signals to be used before and after blasting; and
</P>
<P>(5) A description of possible emergency situations (defined in paragraph (e)(1)(ii) of this section), which have been approved by the regulatory authority, when it may be necessary to blast at times other than those described in the schedule.
</P>
<P>(d) <I>Public notice of changes to blasting schedules.</I> Before blasting in areas not covered by a previous schedule or whenever the proposed frequency of individual detonations are materially changed, the permittee shall prepare a revised blasting schedule in accordance with the procedures in paragraph (c) of this section. If the change involves only a temporary adjustment of the frequency of blasts, the permittee may use alternate methods to notify the governmental bodies and individuals to whom the original schedule was sent.
</P>
<P>(e) <I>Blasting procedures</I>—(1) <I>General.</I> (i) All blasting shall be conducted only during the daytime hours, defined as sunrise until sunset. Based on public requests or other considerations, including the proximity to residential areas, the regulatory authority may specify more restrictive time periods.
</P>
<P>(ii) Blasting may not be conducted at times different from those announced in the blasting schedule except in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety requires unscheduled detonation.
</P>
<P>(iii) Warning and all-clear signals of different character that are audible within a range of one-half mile from the point of the blast shall be given. All persons within the permit area shall be notified of the meaning of the signals through appropriate instructions and signs posted as required by § 715.12.
</P>
<P>(iv) Access to the blasting area shall be regulated to protect the public and livestock from the effects of blasting. Access to the blasting area shall be controlled to prevent unauthorized entry at least 10 minutes before each blast and until the permittee's authorized representative has determined that no unusual circumstances such as imminent slides or undetonated charges exist and access to and travel in or through the area can safely resume.
</P>
<P>(v) Areas in which charged holes are awaiting firing shall be guarded, barricaded and posted, or flagged against unauthorized entry.
</P>
<P>(vi) Airblast shall be controlled such that it does not exceed 128 decibel linear-peak at any manmade dwelling or structure located within one-half mile of the permit area.
</P>
<P>(vii) Except where lesser distances are approved by the regulatory authority (based upon a preblasting survey or other appropriate investigations) blasting shall not be conducted within—
</P>
<P>(A) 1,000 feet of any building used as a dwelling, school, church, hospital, or nursing facility;
</P>
<P>(B) 500 feet of facilities including, but not limited to, disposal wells, petroleum or gas-storage facilities, municipal water-storage facilities, fluid-transmission pipelines, gas or oil-collection lines, or water and sewage lines; and
</P>
<P>(C) 500 feet of an underground mine not totally abandoned except with the concurrence of the Mining Enforcement and Safety Administration.
</P>
<P>(2) <I>Blasting standards.</I> (i) Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of ground or surface waters outside the permit area.
</P>
<P>(ii) <I>Ground vibration</I>—(A) <I>General.</I> In all blasting operations, except as otherwise authorized in paragraph (e)(2)(iii) of this section, the maximum ground vibration shall not exceed a value approved by the regulatory authority. It shall be established in accordance with the maximum peak-particle-velocity limit of paragraph (e)(2)(ii)(B), the scaled-distance equation of paragraph (e)(2)(ii)(C), or the blasting-level chart of paragraph (e)(2)(ii)(D), or such other standard established under paragraph (e)(2)(ii)(E), of this section. All structures in the vicinity of the blasting area, not listed in paragraph (e)(2)(ii)(B), of this section, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the operator and approved by the regulatory authority before the initiation of blasting.
</P>
<P>(B) <I>Maximum peak-particle velocity.</I> (<I>1</I>) The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Distance (<E T="03">D</E>) from blasting site, in feet
</TH><TH class="gpotbl_colhed" scope="col">Maximum allowable peak particle velocity (<E T="03">V</E> max) for ground vibration, in inches/second 
<sup>1</sup>
</TH><TH class="gpotbl_colhed" scope="col">Scaled-distance factor to be applied without seismic monitoring 
<sup>2</sup>
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0 to 300</TD><TD align="right" class="gpotbl_cell">1.25</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">301 to 5,000</TD><TD align="right" class="gpotbl_cell">1.00</TD><TD align="right" class="gpotbl_cell">55
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5,001 and beyond</TD><TD align="right" class="gpotbl_cell">0.75</TD><TD align="right" class="gpotbl_cell">65
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Ground vibration shall be measured as particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements.
</P><P class="gpotbl_note">
<sup>2</sup> Applicable to the scaled-distance equation of paragraph (e)(2)(ii)(C)(<E T="03">1</E>) of this section.</P></DIV></DIV>
<P>(<I>2</I>) A seismographic record shall be provided for each blast.
</P>
<P>(C) <I>Scaled-distance equation.</I> (<I>1</I>) The operator may use the scaled-distance equation, <I>W</I> = (<I>D</I>/<I>Ds</I>)
<SU>2</SU>, to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period without seismic monitoring; where <I>W</I> = the maximum weight of explosives, in pounds; <I>D</I> = the distance, in feet, from the blasting site to the nearest protected structure; and <I>Ds</I> = the scaled-distance factor, which may initially be approved by the regulatory authority using the values for scaled-distance factor listed in paragraph (e)(2)(ii)(B)(<I>1</I>), of this section.
</P>
<P>(<I>2</I>) The development of a modified scaled-distance factor may be authorized by the regulatory authority on receipt of a written request by the operator, supported by seismographic records of blasting at the minesite. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of paragraph (e)(2)(B)(<I>1</I>) of this section at a 95-percent confidence level.
</P>
<P>(D) <I>Blasting-level chart.</I> (<I>1</I>) An operator may use the ground-vibration limits in Figure 1 to determine the maximum allowable ground vibration.
</P>
<img src="/graphics/ec21oc91.049.gif"/>
<P>(<I>2</I>) If the Figure 1 limits are used, a seismographic record including both particle-velocity and vibration-frequency levels shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the regulatory authority before application of this alternative blasting criterion. 
</P>
<P>(E) The maximum allowable ground vibration shall be reduced by the regulatory authority beyond the limits otherwise provided by this section, if determined necessary to provide damage protection. 
</P>
<P>(F) The regulatory authority may require an operator to conduct seismic monitoring of any or all blasts and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement. 
</P>
<P>(iii) If blasting is conducted in accordance with paragraph (e)(2)(i) of this section, the maximum ground-vibration and airblast standards shall not apply at the following locations: 
</P>
<P>(A) At structures owned by the permittee and not leased to another person. 
</P>
<P>(B) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the regulatory authority before blasting. 
</P>
<P>(3) <I>Records of blasting operations.</I> A record of each blast, including seismograph reports, shall be retained for at least 3 years and shall be available for inspection by the regulatory authority and the public on request. The record shall contain the following data— 
</P>
<P>(i) Name of permittee, operator, or other person conducting the blast; 
</P>
<P>(ii) Location, date, and time of blast; 
</P>
<P>(iii) Name, signature, and license number of blaster-in-charge; 
</P>
<P>(iv) Direction and distance, in feet, to nearest dwelling, school, church, or commercial or institutional building neither owned or leased by the permittee; 
</P>
<P>(v) Weather conditions; 
</P>
<P>(vi) Type of material blasted; 
</P>
<P>(vii) Number of holes, burden, and spacing; 
</P>
<P>(viii) Diameter and depth of holes; 
</P>
<P>(ix) Types of explosives used; 
</P>
<P>(x) Total weight of explosives used; 
</P>
<P>(xi) Maximum weight of explosives detonated within any 8 millisecond period; 
</P>
<P>(xii) Maximum number of holes detonated within any 8 millisecond period; 
</P>
<P>(xiii) Methods of firing and type of circuit; 
</P>
<P>(xiv) Type and length of stemming; 
</P>
<P>(xv) If mats or other protections were used; 
</P>
<P>(xvi) Type of delay detonator used, and delay periods used; 
</P>
<P>(xvii) Seismograph records, where required, including— 
</P>
<P>(A) Seismograph reading, including exact location of seismograph and its distance from the blast; 
</P>
<P>(B) Name of person taking the seismograph reading; and 
</P>
<P>(C) Name of person and firm analyzing the seismograph record.
</P>
<CITA TYPE="N">[42 FR 62680, Dec. 13, 1977; 43 FR 2722, Jan. 19, 1978, as amended at 48 FR 9805, Mar. 8, 1983] 


</CITA>
</DIV8>


<DIV8 N="§ 715.20" NODE="30:3.0.1.2.8.0.1.11" TYPE="SECTION">
<HEAD>§ 715.20   Revegetation.</HEAD>
<P>(a) <I>General.</I> (1) The permittee shall establish on all land that has been disturbed, a diverse, effective, and permanent vegetative cover of species native to the area of disturbed land or species that will support the planned postmining uses of the land approved according to § 715.13. For areas designated as prime farmland, the reclamation procedures of § 716.7 shall apply. 
</P>
<P>(2) Revegetation shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with approved land uses. The vegetative cover shall be capable of stabilizing the soil surface with respect to erosion. All disturbed lands, except water areas and surface areas of roads that are approved as a part of the postmining land use, shall be seeded or planted to achieve a vegetative cover of the same seasonal variety native to the area of disturbed land. If both the pre- and postmining land use is intensive agriculture, planting of the crops normally grown will meet the requirement. Vegetative cover will be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the intended land use when compared with the utility of naturally occurring vegetation during each season of the year.
</P>
<P>(3) On Federal lands, the surface management agency shall be consulted for approval prior to revegetation regarding what species are selected, and following revegetation, to determine when the area is ready to be used.
</P>
<P>(b) <I>Use of introduced species.</I> Introduced species may be substituted for native species only if appropriate field trials have demonstrated that the introduced species are of equal or superior utility for the approved postmining land use, or are necessary to achieve a quick, temporary, and stabilizing cover. Such species substitution shall be approved by the regulatory authority. Introduced species shall meet applicable State and Federal seed or introduced species statutes, and shall not include poisonous or potentially toxic species.
</P>
<P>(c) <I>Timing of revegetation.</I> Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected to meet specific site conditions and climate. Any disturbed areas, except water areas and surface areas or roads that are approved under § 715.13 as part of the postmining land use, which have been graded shall be seeded with a temporary cover of small grains, grasses, or legumes to control erosion until an adequate permanent cover is established. When rills or gullies, that would preclude the successful establishment of vegetation or the achievement of the postmining land use, form in regraded topsoil and overburden materials as specified in § 715.14, additional regrading or other stabilization practices will be required before seeding and planting.
</P>
<P>(d) <I>Mulching.</I> Mulch shall be used on all regraded and topsoiled areas to control erosion, to promote germination of seeds, and to increase the moisture retention of the soil. Mulch shall be anchored to the soil surface where appropriate, to insure effective protection of the soil and vegetation. Mulch means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth, and do not interfere with the postmining use of the land. Annual grains such as oats, rye and wheat may be used instead of mulch when it is shown to the satisfaction of the regulatory authority that the substituted grains will provide adequate stability and that they will later be replaced by species approved for the postmining use.
</P>
<P>(e) <I>Methods of revegetation.</I> (1) The permittee shall use technical publications or the results of laboratory and field tests approved by the regulatory authority to determine the varieties, species, seeding rates, and soil amendment practices essential for establishment and self-regeneration of vegetation. The regulatory authority shall approve species selection and planting plans.
</P>
<P>(2) Where hayland, pasture, or range is to be the postmining land use, the species of grasses, legumes, browse, trees, or forbes for seeding or planting and their pattern of distribution shall be selected by the permittee to provide a diverse, effective, and permanent vegetative cover with the seasonal variety, succession, distribution, and regenerative capabilities native to the area. Livestock grazing will not be allowed on reclaimed land until the seedlings are established and can sustain managed grazing. The regulatory authority, in consultation with the permittee and the landowner or in concurrence with the governmental landmanaging agency having jurisdiction over the surface, shall determine when the revegetated area is ready for livestock grazing.
</P>
<P>(3) Where forest is to be the postmining land use, the permittee shall plant trees adapted for local site conditions and climate. Trees shall be planted in combination with an herbaceous cover of grains, grasses, legumes, forbs, or woody plants to provide a diverse, effective, and permanent vegetation cover with the seasonal variety, succession, and regeneration capabilities native to the area.
</P>
<P>(4) Where wildlife habitat is to be included in the postmining land use, the permittee shall consult with appropriate State and Federal wildlife and land management agencies and shall select those species that will fulfill the needs of wildlife, including food, water, cover, and space. Plant groupings and water resources shall be spaced and distributed to fulfill the requirements of wildlife.
</P>
<P>(f) <I>Standards for measuring success of revegetation.</I> (1) Success of revegetation shall be measured on the basis of reference areas approved by the regulatory authority. Reference areas mean land units of varying size and shape identified and maintained under appropriate management for the purpose of measuring ground cover, productivity and species diversity that are produced naturally. The reference areas must be representative of geology, soils, slope, aspect, and vegetation in the permit area. Management of the reference area shall be comparable to that which will be required for the approved postmining land use of the area to be mined. The regulatory authority shall approve the estimating techniques that will be used to determine the degree of success in the revegetated area.
</P>
<P>(2) The ground cover of living plants on the revegetated area shall be equal to the ground cover of living plants of the approved reference area for a minimum of two growing seasons. The ground cover shall not be considered equal if it is less than 90 percent of the ground cover of the reference area for any significant portion of the mined area. Exceptions may be authorized by the regulatory authority for—
</P>
<P>(i) Previously mined areas that were not reclaimed to the standards required by this chapter prior to the effective date of these regulations. The ground cover of living plants for such areas shall not be less than required to control erosion, and in no case less than that existing before redisturbance.
</P>
<P>(ii) Areas to be developed immediately for industrial or residential use. The ground cover of living plants shall not be less than required to control erosion. As used in this paragraph, <I>immediately</I> means less than 2 years after regrading has been completed for the area to be used; and
</P>
<P>(iii) Areas to be used for agricultural cropland purposes. Success in revegetation of cropland shall be determined on the basis of crop production from the mined area compared to the reference area. Crop production from the mined area shall be equal to that of the approved reference area for a minimum of two growing seasons. Production shall not be considered equal if it is less than 90 percent of the production of the reference area for any significant portion of the mined area.
</P>
<P>(3) Species diversity, distribution, seasonal variety, and vigor shall be evaluated on the basis of the results which could reasonably be expected using the methods of revegetation approved under paragraph (e) of this section.
</P>
<P>(g) <I>Seeding of stockpiled topsoil.</I> Topsoil stockpiled in compliance with § 715.16 must be seeded or planted with an effective cover of nonnoxious, quick growing annual and perennial plants during the first normal period for favorable planting conditions or protected by other approved measures as specified in § 715.16. 


</P>
</DIV8>


<DIV8 N="§ 715.200" NODE="30:3.0.1.2.8.0.1.12" TYPE="SECTION">
<HEAD>§ 715.200   Interpretative rules related to general performance standards.</HEAD>
<P>The following interpretations of rules promulgated in part 715 of this chapter have been adopted by the Office of Surface Mining Reclamation and Enforcement. 
</P>
<P>(a)-(b) [Reserved]
</P>
<P>(c) <I>Interpretation of § 715.16(a)(4)—Topsoil Removal.</I> (1) Results of physical and chemical analyses of topsoil and selected overburden materials to demonstrate that the selected overburden materials or overburden materials/topsoil mixture is more suitable for restoring land capability and productivity than the available topsoil, provided the analyses, trials, or tests are certified by a qualified soil scientist or agronomist, may be obtained from any one or a combination of the following sources: 
</P>
<P>(i) U.S. Department of Agriculture Soil Conservation Service published data based on established soil series; 
</P>
<P>(ii) U.S. Department of Agriculture Soil Conservation Service Technical Guides; 
</P>
<P>(iii) State agricultural agency, university, Tennessee Valley Authority, Bureau of Land Management or U.S. Department of Agriculture Forest Service published data based on soil series properties and behavior; or 
</P>
<P>(iv) Results of physical and chemical analyses, field site trials, or greenhouse tests of the topsoil and overburden materials (soil series) from the permit area. 
</P>
<P>(2) If the operator demonstrates through soil survey or other data that the topsoil and unconsolidated material are insufficient and substitute materials will be used, only the substitute materials must be analyzed in accordance with 30 CFR 715.16(a)(4)(i). 
</P>
<SECAUTH TYPE="N">(Sec. 501, 502, 504, 508, 515, 516, Pub. L. 95-87, 91 Stat. 467, 468, 471, 478, 492, 496 (30 U.S.C. 1251, 1252, 1254, 1258, 1265, 1266)) 
</SECAUTH>
<CITA TYPE="N">[45 FR 26000, Apr. 16, 1980 and 45 FR 39447, June 10, 1980, as amended at 45 FR 73946, Nov. 7, 1980] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="716" NODE="30:3.0.1.2.9" TYPE="PART">
<HEAD>PART 716—SPECIAL PERFORMANCE STANDARDS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 201, 501, 527 and 529, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62691, Dec. 13, 1977, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 716.1" NODE="30:3.0.1.2.9.0.1.1" TYPE="SECTION">
<HEAD>§ 716.1   General obligations.</HEAD>
<P>(a) This part establishes special initial performance standards that apply in the following special circumstances—
</P>
<P>(1) § 716.2 applies to surface coal mining operations on steep slopes.
</P>
<P>(2) § 716.3 applies to surface coal mining operations involving mountaintop removal.
</P>
<P>(3) § 716.4 applies to special bituminous coal mines.
</P>
<P>(4) § 716.5 applies to anthracite surface coal mining operations.
</P>
<P>(5) § 716.6 applies to surface coal mining operations in Alaska.
</P>
<P>(6) § 716.7 applies to surface coal mining operations on prime farmlands.
</P>
<P>(b) All surface coal mining and reclamation operations subject to this part shall comply with the applicable special performance standards in this part. Such operations shall also comply with all general performance standards in part 715 of this chapter unless specifically exempted <I>in this part</I> from the requirements of part 715.


</P>
</DIV8>


<DIV8 N="§ 716.2" NODE="30:3.0.1.2.9.0.1.2" TYPE="SECTION">
<HEAD>§ 716.2   Steep-slope mining.</HEAD>
<P>The permittee conducting surface coal mining and reclamation operations on natural slopes that exceed 20 degrees, or on lesser slopes that require measures to protect the area from disturbance, as determined by the regulatory authority after consideration of soils, climate, the method of operation, geology, and other regional characteristics, shall meet the following performance standards. The standards of this section do not apply where mining is done on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area; or where the mining is governed by § 716.3.
</P>
<P>(a) Spoil, waste materials or debris, including that from clearing and grubbing, and abandoned or disabled equipment, shall not be placed or allowed to remain on the downslope.
</P>
<P>(b) The highwall shall be completely covered with spoil and the disturbed are a graded to comply with the provisions of § 715.14 of this chapter. Land above the highwall shall not be disturbed unless the regulatory authority finds that the disturbance will facilitate compliance with the requirements of this section.
</P>
<P>(c) Material in excess of that required to meet the provisions of § 715.14 of this chapter shall be disposed of in accordance with the requirements of § 715.15 of this chapter.
</P>
<P>(d) Woody materials may be buried in the backfilled area only when burial does not cause, or add to, instability of the backfill. Woody materials may be chipped and distributed through the backfill when approved by the regulatory authority.
</P>
<P>(e) <I>Variances from approximate original contour restoration requirements.</I> (1) This section applies to surface coal mining operations on steep slopes where the operation is not to be reclaimed to achieve the approximate original contour and is not a mountaintop removal operation.
</P>
<P>(2) The objective of this subsection is to allow for a variance from the approximate original contour restoration requirements on steep slopes to—
</P>
<P>(i) Improve watershed control of the area; and
</P>
<P>(ii) Allow the land to be used for an industrial, commercial, residential, or public use, including recreational facilities.
</P>
<P>(3) The regulatory authority may grant a variance from the requirement for restoration of the affected lands to their approximate original contour only if it first finds, in writing, on the basis of a showing made by the permittee, that all of the following requirements are met: 
</P>
<P>(i) The permittee has demonstrated that the purpose of the variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, residential, or public use postmining land use and that the proposed industrial, commercial, residential, or public use is likely to occur.
</P>
<P>(ii) The proposed use, after consultation with the appropriate land-use planning agencies, if any, constitutes an equal or better economic or public use.
</P>
<P>(iii) The permittee has demonstrated that compliance with the requirements for acceptable alternative postmining industrial, commercial, residential or public land uses of 30 CFR 715.13 has been achieved except for the requirement at § 715.13(d)(3) and (4) to provide letters of commitment. The permittee must demonstrate to the regulatory authority that necessary public facilities are likely to be provided and that the plan is financially feasible.
</P>
<P>(iv) The permittee has demonstrated that the watershed of the area will be improved as compared to the condition of the watershed before mining. The watershed will be deemed improved only if—
</P>
<P>(A) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the area as compared to such discharges; or, there will be reduced flood hazards or more even flow within the watershed containing the area due to reduction of the peak flow discharges from precipitation events or thaws; or any other criterion authority in the granting of the variance. While improving one or more variables, the permittee must also at least maintain the variables not improved at their premining levels;
</P>
<P>(B) The total volume of flows from the proposed affected lands, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and
</P>
<P>(C) The appropriate State environmental agency approves the plan.
</P>
<P>(v) The permittee has demonstrated that the owner of the surface of the lands within the permit area has knowingly requested, in writing, as a part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operation and shall show an understanding that the variance could not be granted without the surface owner's request.
</P>
<P>(vi) The proposal is designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.
</P>
<P>(vii) All other requirements of the Act and these regulations will be met by the proposed operations.
</P>
<P>(4) Every permittee who obtains a variance under this subsection shall:
</P>
<P>(i) Backfill completely the highwall with spoil material, in a manner which results in a static factor of safety of at least 1.3 using general geotechnical analysis.
</P>
<P>(ii) Improve the watershed control of the area by reducing the peak flow from precipitation or thaw or reducing the total suspended solids or other pollutants in the surface water discharge during precipitation or thaw or by attaining the criteria approved by the regulatory authority in the granting of the variance. While improving one or more variables, the permittee must also at least maintain the variables not improved at their premining levels. The total volume of flow during every season of the year shall not vary in a way that adversely affects the ecology of any surface or ground water.
</P>
<P>(iii) Disturb land above the highwall only to the extent that the regulatory authority deems appropriate and approves as necessary to facilitate compliance with the provisions of this section. The regulatory authority may authorize such a disturbance above the highwall if it finds the disturbance is necessary to—
</P>
<P>(A) Blend the solid highwall and the backfilled material; or
</P>
<P>(B) Control surface runoff; or
</P>
<P>(C) Provide access to the area above the highwall.
</P>
<P>(iv) Place off the mine bench no more than the amount of spoil necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of the Act and parts 710 through 725 of this chapter. All spoil not retained on the bench shall be placed in accordance with the Act and these regulations.
</P>
<P>(5) The regulatory authority shall review every variance granted pursuant to this subsection not more than three years from the date of issuance of the permit to ensure that the proposed alternative postmining use is proceeding in accordance with the terms of the approved plan, unless the permittee affirmatively so demonstrates.
</P>
<CITA TYPE="N">[42 FR 62691, Dec. 13, 1977, as amended at 45 FR 83168, Dec. 17, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 716.3" NODE="30:3.0.1.2.9.0.1.3" TYPE="SECTION">
<HEAD>§ 716.3   Mountaintop removal.</HEAD>
<P>(a) Surface coal mining and reclamation operations that remove entire coal seams running through the upper fraction of a mountain, ridge, or hill by removing all of the overburden and creating a level plateau or gently rolling contour with no highwalls remaining are exempt from the requirements of § 715.14 of this chapter for achieving approximate original contour, if the following requirements are met:
</P>
<P>(1) An industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use is proposed for the affected land.
</P>
<P>(2) The alternative land use criteria in § 715.13(d) of this chapter are met and the proposal is approved by the regulatory authority.
</P>
<P>(3) All other applicable requirements of part 715 of this chapter can be met.
</P>
<P>(b) Surface coal mining and reclamation operations conducted under this section shall comply with the following standards:
</P>
<P>(1) An outcrop barrier of sufficient width consisting of the toe of the lowest coal seam, and its associated overburden shall be retained to prevent slides and erosion.
</P>
<P>(2) The final graded top plateau slopes on the mined area shall be less than 1<I>v:</I>5<I>h</I> so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed 1<I>v:</I>2<I>h,</I> except where engineering data substantiates and the regulatory authority finds that a minimum static safety factor of 1.5 will be attained.
</P>
<P>(3) The resulting level or gently rolling contour shall be graded to drain inward from the outslope except at specific points where it drains over the outslope in protected stable channels.
</P>
<P>(4) Damage to natural watercourses below the area to be mined shall be prevented.
</P>
<P>(5) Spoil shall be placed on the mountaintop bench as is necessary to achieve the postmining land use approved under § 715.13 of this chapter. All excess spoil material not retained on the mountaintop shall be placed in accordance with the standards of § 715.15 of this chapter.
</P>
<P>(c)(1) All permits giving approval for mountaintop removal shall be reviewed not more than 3 years from the date of issuance of the permit, unless the permittee affirmatively demonstrates and the regulatory authority finds that all operations are proceeding in accordance with the terms of the permit and applicable requirements of the Act and the regulations of this part. The terms of the permit shall be in accordance with the requirements of the Act and the regulations of this part.
</P>
<P>(2) The terms of a permit for mountaintop removal may be modified by the regulatory authority if it determines that more stringent measures are necessary to prevent or control slides and erosion, prevent damage to natural water courses, avoid water pollution, or to assure successful revegetation.


</P>
</DIV8>


<DIV8 N="§ 716.4" NODE="30:3.0.1.2.9.0.1.4" TYPE="SECTION">
<HEAD>§ 716.4   Special bituminous coal mines.</HEAD>
<P>(a) <I>Definition.</I> Special bituminous coal surface mines as used in this section means those bituminous coal surface mines that are located in the State of Wyoming and that are being mined or will be mined according to the following criteria:
</P>
<P>(1) Excavation of the mine pit takes place on a relatively limited site for an extended period of time. For the purposes of this section, mine pit means an open-pit mine in which the surface opening is at least the full size of the excavation and has a contiguous border. The pit generally is quite deep and is formed by the removal of relatively large amounts of overburden to obtain lesser amounts of coal. The term as used in this section applies only to mining operations that extract coal from seams dipping 15 degrees or more from the horizontal.
</P>
<P>(2) Excavation of the mine pit follows a coal seam that inclines 15 degrees or more from the horizontal, and as the excavation proceeds downward it expands laterally to maintain stability of the pitwall or as necessary to accommodate the orderly expansion of the total mining operations.
</P>
<P>(3)(i) Surface coal mining operations in the mine pit have taken place since January 1, 1972, and
</P>
<P>(A) Operations in the mine pit are removing more than one coal seam, and
</P>
<P>(B) Mining has begun on the deepest coal seam scheduled to be mined; or
</P>
<P>(ii) Surface coal mining operations which may be developed after August 3, 1977, and are conducted on lands immediately adjacent to operations meeting the criteria of paragraph (a)(3)(i) of this section.
</P>
<P>(4) The amount of material removed from the pit is large in proportion to the surface area disturbed.
</P>
<P>(5) There is no practicable alternative to the deep open-pit method of mining the coal.
</P>
<P>(6) There is no practicable way to entirely reclaim the land as required by part 715 of this chapter.
</P>
<P>(b) <I>Requirements for special bituminous coal mines operating prior to July 1, 1973.</I> Those portions of a special bituminous coal mine approved for operation prior to July 1, 1973, including the orderly expansion of such a mine pit to the extent authorized by State law, shall at a minimum meet the general performance standards of part 715 of this chapter for all operations conducted on the permit area outside the mine pit and for those operations associated with spoil storage areas. The standards of part 715 also apply to the mine pit with the exception of § 715.14, which relates to backfilling and grading. Special requirements for backfilling and grading the mine pit area are as follows:
</P>
<P>(1) In the final mine area, highwalls will be allowed to remain and benches will be allowed. Details of the benches shall be included in the mine plans submitted to the regulatory authority for approval.
</P>
<P>(2) The exposed pit floors will be sloped and graded to provide access to the area, and topsoil shall be applied and the floor area seeded according to the requirements of §§ 715.16 and 715.20. Where water impoundments are included as part of the mine plan, riprap may be used if necessary to prevent erosion.
</P>
<P>(3) Spoil piles will be graded and contoured with no more than overall slope of 17 degrees allowed, and terraces may be used to break the slope when it can be shown that terraces will accomplish the required reclamation. For the postmining land use, steeper slopes may be permitted upon approval of the regulatory authority, provided it can be demonstrated that such method will provide the required results.
</P>
<P>(c) <I>Requirements for other special bituminous coal mines.</I> Those portions of a special bituminous coal mine which do not meet the criteria of paragraph (b) of this section shall, at minimum meet the general performance standards of part 715 of this chapter for all operations conducted on the permit area outside the mine pit and for these operations associated with spoil storage areas. The standards of part 715 also apply to the mine pit with the exception of § 715.14, which relates to backfilling and grading. Special requirements for backfilling and grading the mine pit area are as follows:
</P>
<P>(1) <I>Slope specifications.</I> Slope specifications for the postmining land use shall be based on an average of the natural slopes measured in the immediate area of the mine site, and the maximum inclination of the slopes in the reclaimed area shall not be greater than this average slope. However, slopes steeper than the average of the natural slopes may be approved by the regulatory authority if it can be demonstrated that returning the minded area to a slope equal to or less than the average natural slope would greatly increase the amount of disturbed land. Measurements of individual slopes, locations at which measurements are made, and the average natural slope as determined from the individual slope measurements shall be submitted for approval to the regulatory authority. The regulatory authority may make an independent slope survey to verify the average natural slope.
</P>
<P>(2) <I>Postmining land uses that do not include permanent water impoundments.</I> (i) The final mine area shall be backfilled, graded, and contoured to the extent necessary to return the land to the use approved by the regulatory authority.
</P>
<P>(ii) All backfilling, grading, and contouring shall be done in a manner to preserve the original drainage system or to provide substitute drainage systems approved by the regulatory authority.
</P>
<P>(iii) Terraces or benches may be used only if it can be demonstrated that contouring methods will not provide the required results. Detailed plans of dimensions and design of the terraces or benches, check dams, erosion prevention techniques, and slopes of the terraces or benches and their intervals shall be submitted to the regulatory authority for approval before construction.
</P>
<P>(iv) Depressions that will accumulate water shall not be allowed unless they are approved under paragraph (3).
</P>
<P>(3) <I>Postmining land uses that include permanent water impoundments.</I> (i) The exposed mine pit area shall be sloped, graded, and contoured to blend with the topography of the surrounding terrain and to provide for access to the area. Where necessary to prevent erosion, riprap shall be used.
</P>
<P>(ii) Under certain conditions where it can be demonstrated by the permittee that the pitwall can be stabilized by terracing or other techniques it may be permissible to leave one-half the proposed shoreline, as measured along the circumference, composed of the stabilized pitwall. The remaining part of the shoreline shall be graded and contoured to blend with the topography of the surrounding terrain and to provide access to the area. Detailed explanations of the techniques to be used to stabilize the pitwalls shall be submitted for approval to the regulatory authority. The regulatory authority may verify the effectiveness of the proposed stabilization techniques from a study made by an independent engineering company and based on this information and an onsite inspection, the regulatory authority will then determine the acceptability of the proposed stabilization techniques.
</P>
<P>(d) In the event of an amendment or revision to the State of Wyoming's regulatory program, regulations, or decisions made thereunder governing special bituminous coal mines, the Secretary shall issue such additional regulations as necessary to meet the purposes of the Act.


</P>
</DIV8>


<DIV8 N="§ 716.5" NODE="30:3.0.1.2.9.0.1.5" TYPE="SECTION">
<HEAD>§ 716.5   Anthracite coal mines.</HEAD>
<P>(a) Permittees of anthracite surface coal mining and reclamation operations in those States where the mines are regulated by State environmental protection standards shall be subject to the environmental protection standards of the State regulatory program in existence on August 3, 1977, instead of part 715 and part 717 of this chapter. 
</P>
<P>(b) The environmental protection provisions of Title 25, Rules and Regulations, part 1, Department of Environmental Resources, Commonwealth of Pennsylvania, shall apply to reclamation of anthracite surface coal mining and reclamation operations in the Commonwealth of Pennsylvania instead of part 715 and part 717 of this chapter. In addition, the regulations of the Commonwealth of Pennsylvania pertaining to standards for air and water quality shall apply instead of the regulations of part 715 and part 717 of this chapter. 
</P>
<P>(c) If a State's regulatory program or regulations for anthracite surface coal mining and reclamation operations in force at the time of this Act are amended, the Secretary, upon receipt of a notice of amendment, shall issue additional regulations as necessary to meet the purposes of this Act.
</P>
<CITA TYPE="N">[45 FR 61259, Sept. 15, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 716.6" NODE="30:3.0.1.2.9.0.1.6" TYPE="SECTION">
<HEAD>§ 716.6   Coal mines in Alaska.</HEAD>
<P>(a) Permittees of surface coal mining operations in Alaska from which coal has been mined on or after August 3, 1977, shall conduct operations in a manner that, at a minimum, meets the performance standards of this chapter.
</P>
<P>(b) The Secretary, after consultation with the Governor of Alaska, may modify the applicability of any environmental protection standard to any surface coal mining operation if he determines that it is necessary to ensure the continued operation of the mine.
</P>
<P>(c) Any person may petition the Secretary to modify the applicability of a performance standard to a coal mine in Alaska. No particular form of petition is required. However, the petition shall be in writing and shall identify clearly—
</P>
<P>(1) The performance standard involved;
</P>
<P>(2) The alternative methods to be used to protect the environment and public health and safety;
</P>
<P>(3) The reasons why a modification is requested with full descriptions of the impacts continued requirements for compliance with the performance standard to be modified would have on mining and reclamation and of the impacts the proposed method would have on the environment and public health and safety; and
</P>
<P>(4) The location of the mine.
</P>
<P>(d) If the Secretary determines that the petition presents reasonable justification for modifying the performance standard, he may grant a temporary suspension of enforcement of the performance standard, and he shall publish a notice of intention to modify the applicability of the performance standard in the <E T="04">Federal Register</E> and in a newspaper of general circulation in the area of Alaska where the affected coal mine is located. A public hearing shall be held in Alaska and any person may testify for or against the proposed modification. The Secretary, after considering the public comments, and consulting with the Governor of Alaska, shall publish his decision in the <E T="04">Federal Register</E> and in the same newspaper in which the original notice was published.


</P>
</DIV8>


<DIV8 N="§ 716.7" NODE="30:3.0.1.2.9.0.1.7" TYPE="SECTION">
<HEAD>§ 716.7   Prime farmland.</HEAD>
<P>(a) <I>Applicability.</I> (1) Permittees of surface coal mining and reclamation operations conducted on prime farmland shall comply with the general performance standards of part 715 of this chapter in addition to the special requirements of this section.
</P>
<P>(2) Except as otherwise provided in this paragraph, the requirements of the section are applicable to any lands covered by a permit application filed on or after August 3, 1977. This section does not apply to:
</P>
<P>(i) Lands on which surface coal mining and reclamation operations are conducted pursuant to any permit issued prior to August 3, 1977; or
</P>
<P>(ii) Lands on which surface coal mining and reclamation operations are conducted pursuant to any renewal or revision of a permit issued prior to August 3, 1977; or
</P>
<P>(iii) Lands included in any existing surface coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:
</P>
<P>(A) Such lands are part of a single continuous surface coal mining operation begun under a permit issued before August 3, 1977; and
</P>
<P>(B) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and
</P>
<P>(C) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit (or multiple pits if the lands are proven to be part of a single continuous surface coal mining operation) begun under a permit issued prior to August 3, 1977.
</P>
<P>(3) For purposes of this section:
</P>
<P>(i) “Renewal” of a permit shall mean a decision by the regulatory authority to extend the time by which the permittee may complete mining within the boundaries of the original permit, and “revision” of the permit shall mean a decision by the regulatory authority to allow changes in the method of mining operations within the original permit area, or the decision of the regulatory authority to allow incidental boundary changes to the original permit;
</P>
<P>(ii) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing;
</P>
<P>(iii) A single continuous surface coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the contiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one surface coal mining operation.
</P>
<P>(b) <I>Definitions.</I> For purposes of this section, the following definitions are applicable.
</P>
<P>(1) <I>Prime farmland</I> means those lands which are defined by the Secretary of Agriculture in 7 CFR 657 and which have been historically used for cropland.
</P>
<P>(2) <I>Historically used for cropland</I> means (i) lands that have been used for cropland for any 5 years or more out of the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease, or option the conduct of surface coal mining and reclamation operations; (ii) lands that the regulatory authority determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion, or (iii) lands that would likely have been used as cropland for any 5 out of the last 10 years immediately preceding such acquisition but for some fact of ownership or control of the land unrelated to the productivity of the land, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be protected.
</P>
<P>(3) <I>Cropland</I> means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops.
</P>
<P>(4) The soils either have no water table or have a water table that is maintained at a sufficient depth during the cropping season to allow food, feed, fiber, forage, and oilseed crops common to the area to be grown.
</P>
<P>(5) The soils can be managed so that in all horizons within a depth of 40 inches or in the root zone if the root zone is less than 40 inches deep, during part of each year the conductivity of saturation extract is less than 4 mmhos/cm and the exchangeable sodium percentage (ESP) is less than 15.
</P>
<P>(6) The soils are not flooded frequently during the growing season (less often than once in 2 years).
</P>
<P>(7) The soils have a product of <I>K</I> (erodibility factor) × percent slope of less than 2.0 and a product of <I>I</I> (soil erodibility) × <I>C</I> (climatic factor) not exceeding 60.
</P>
<P>(8) The soils have a permeability rate of at least 0.06 inch per hour in the upper 20 inches and the mean annual soil temperature at a depth of 20 inches is less than 59 degrees F.; the permeability rate is not a limiting factor if the mean annual soil temperature is 59 degrees F. or higher.
</P>
<P>(9) Less than 10 percent of the surface layer (upper 6 inches) in these soils consists of rock fragments coarser than 3 inches.
</P>
<P>(c) <I>Identification of prime farmland.</I> Prime farmland shall be identified on the basis of soil surveys submitted by the applicant. The regulatory authority also may require data on irrigation, drainage, flood control, and subsurface water management. The requirement for submission of soil surveys may be waived by the regulatory authority, if the applicant can demonstrate according to the procedures in paragraph (d) of this section that no prime farmlands are involved. Soil surveys shall be conducted according to standards of the National Cooperative Soil Survey, which include the procedures set forth in U.S. Department of Agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil Survey Manual), and shall include—
</P>
<P>(1) Data on moisture availability, temperature regime, flooding, water table, erosion characteristics, permeability, or other information that is needed to determine prime farmland in accordance with paragraph (b) of this section;
</P>
<P>(2) A map designating the exact location and extent of the prime farmland; and
</P>
<P>(3) A description of each soil mapping unit.
</P>
<P>(d) <I>Negative determination of prime farmland.</I> The land shall not be considered as prime farmland where the applicant can demonstrate one or more of the following situations—
</P>
<P>(1) Lands within the proposed permit boundaries have not been historically used for cropland.
</P>
<P>(2) The slope of all land within the permit area is 10 percent or greater.
</P>
<P>(3) Land within the permit area is not irrigated or naturally subirrigated, has no developed water supply that is dependable and of adequate quality, and the average annual precipitation is 14 inches or less.
</P>
<P>(4) Other factors exist, such as a very rocky surface, or the land is frequently flooded, which clearly place all land within the area outside the purview of prime farmland.
</P>
<P>(5) A written notification based on scientific findings and soil surveys that land within the proposed mining area does not meet the applicability requirements in paragraph (a) of this section is submitted to the regulatory authority by a qualified person other than the applicant, and is approved by the regulatory authority.
</P>
<P>(e) <I>Plan for restoration of prime farmland.</I> The applicant shall submit to the regulatory authority a plan for the mining and restoration of any prime farmland within the proposed permit boundaries. This plan shall be used by the regulatory authority in judging the technological capability of the applicant to restore prime farmlands. The plan shall include—
</P>
<P>(1) A description of the original undisturbed soil profile, as determined from a soil survey, showing the depth and thickness of each of the soil horizons that collectively constitute the root zone of the locally adapted crops and are to be removed, stored, and replaced;
</P>
<P>(2) The proposed method and type of equipment to be used for removal, storage, and replacement of the soil in accordance with paragraph (g) of this section;
</P>
<P>(3) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution;
</P>
<P>(4) If applicable, documentation such as agricultural school studies or other scientific data from comparable areas that supports the use of other suitable material, instead of the A, B or C soil horizon to obtain on the restored area equivalent or higher levels of yield as non-mined prime farmlands in the surrounding area under equivalent levels of management; and
</P>
<P>(5) Plans for seeding or cropping the final graded mine land and the conservation practices to control erosion and sedimentation during the first 12 months after regrading is completed. Proper adjustments for seasons must be made so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions; and 
</P>
<P>(6) Available agricultural school studies, company data, or other scientific data for comparable areas that demonstrate that the applicant using his proposed method of reclamation will achieve, within a reasonable time equivalent or higher levels of yield after mining as existed before mining.
</P>
<P>(f) <I>Consultation with Secretary of Agriculture and issuance of permit.</I> (1) The regulatory authority may grant a permit which shall incorporate the plan submitted under paragraph (e) of this section, if it finds in writing that the applicant—
</P>
<P>(i) Has the technological capability to restore the prime farmland within the proposed permit area, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management; and
</P>
<P>(ii) Will achieve compliance with the standards of paragraph (g) of this section.
</P>
<P>(2) Before any permit is issued for areas that include prime farmlands, the regulatory authority shall consult with the Secretary of Agriculture. The Secretary of Agriculture will provide a review of the proposed method of soil reconstruction and comment on possible revisions that will result in a more complete and adequate restoration. The Secretary of Agriculture has assigned his responsibilities under this paragraph to the Administrator of the U.S. Soil Conservation Service and the U.S. Soil Conservation Service will carry out the consultation and review through their State Conservationist, located in each State.
</P>
<P>(g) <I>Special requirements.</I> For all prime farmlands to be mined and reclaimed, the applicant shall meet the following special requirements:
</P>
<P>(1) All soil horizons to be used in the reconstruction of the soil shall be removed before drilling, blasting, or mining to prevent contaminating the soil horizons with undesirable materials. Where removal of soil horizons result in erosion that may cause air and water pollution, the regulatory authority shall specify methods of treatment to control erosion of exposed overburden. The permittee shall—
</P>
<P>(i) Remove separately the entire A horizon or other suitable soil materials which will create a final soil having an equal or greater productive capacity than that which existed prior to mining in a manner that prevents mixing or contamination with other material before replacement;
</P>
<P>(ii) Remove separately the B horizon of the natural soil or a combination of B horizon and underlying C horizon or other suitable soil material that will create a reconstructed root zone of equal or greater productivity capacity than that which existed prior to mining in a manner that prevents mixing or contamination with other material; and
</P>
<P>(iii) Remove separately the underlying C horizons or other strata, or a combination of such horizons or other strata, to be used instead of the B horizon that are of equal or greater thickness and that can be shown to be equal or more favorable for plant growth than the B horizon, and that when replaced will create in the reconstructed soil a final root zone of comparable depth and quality to that which existed in the natural soil.
</P>
<P>(2) If stockpiling of soil horizons is allowed by the regulatory authority in lieu of immediate replacement, the A horizon and B horizon must be stored separately from each other. The stockpiles must be placed within the permit area and where they will not be disturbed or exposed to excessive erosion by water or wind before the stockpiled horizons can be redistributed on terrain graded to final contour. Stockpiles in place for more than 30 days must meet the requirements of § 715.16(c).
</P>
<P>(3) Scarify the final graded land before the soil horizons are replaced.
</P>
<P>(4) Replace the material from the B horizon, or other suitable material specified in paragraph (g)(1)(ii) or (g)(1)(iii) of this section in such a manner as to avoid excessive compaction of overburden and to a thickness comparable to the root zone that existed in the soil before mining.
</P>
<P>(5) Replace the A horizon or other suitable soil materials, which will create a final soil having an equal or greater productive capacity than existed prior to mining, as the final surface soil layer to the thickness of the original soil as determined in paragraph (g)(1)(i) of this section in a manner that—
</P>
<P>(i) Prevents excess compaction of both the surface layer and underlying material and reduction of permeability to less than 0.06 inch per hour in the upper 20 inches of the reconstructed soil profile; and
</P>
<P>(ii) Protects the surface layer from wind and water erosion before it is seeded or planted.
</P>
<P>(6) Apply nutrients and soil amendments as needed to establish quick vegetative growth.
</P>
<CITA TYPE="N">[42 FR 62691, Dec. 13, 1977; 43 FR 2722, Jan. 19, 1978, as amended at 46 FR 47529, Sept. 28, 1981; 46 FR 47721, Sept. 29, 1981] 


</CITA>
</DIV8>


<DIV8 N="§ 716.10" NODE="30:3.0.1.2.9.0.1.8" TYPE="SECTION">
<HEAD>§ 716.10   Information collection.</HEAD>
<P>The Office of Management and Budget has determined that the information collection requirements contained in 30 CFR part 716 do not require approval under the Paperwork Reduction Act.
</P>
<CITA TYPE="N">[59 FR 43420, Aug. 23, 1994]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="717" NODE="30:3.0.1.2.10" TYPE="PART">
<HEAD>PART 717—UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 201 and 501, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62695, Dec. 13, 1977, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 717.10" NODE="30:3.0.1.2.10.0.1.1" TYPE="SECTION">
<HEAD>§ 717.10   Information collection.</HEAD>
<P>The Office of Management and Budget has determined that the information collection requirements contained in 30 CFR part 717 do not require approval under the Paperwork Reduction Act.
</P>
<CITA TYPE="N">[59 FR 43420, Aug. 23, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 717.11" NODE="30:3.0.1.2.10.0.1.2" TYPE="SECTION">
<HEAD>§ 717.11   General obligations.</HEAD>
<P>(a) <I>Compliance.</I> All underground coal mining and associated reclamation operations conducted on lands where any element of the operations is regulated by a State shall comply with the initial performance standards of this part according to the time schedule specified in § 710.11.
</P>
<P>(1) For the purposes of this part, <I>underground coal mining and associated reclamation operations</I> mean a combination of <I>surface operations</I> and <I>underground operations. Surface operations</I> include construction, use, and reclamation of new and existing access and haul roads, aboveground repair areas, storage areas, processing areas, shipping areas, and areas upon which are sited support facilities including hoist and ventilating ducts, and on which materials incident to underground mining operations are placed. <I>Underground operations</I> include underground construction, operation, and reclamation of shafts, adits, underground support facilities, underground mining, hauling, storage, and blasting.
</P>
<P>(2) For the purpose of this part the term <I>permittee</I> means the person permitted to conduct underground mining operations by a State or if no permit is issued in the State, the person operating a mine.
</P>
<P>(3) For the purpose of this part, <I>Disturbed areas</I> means surface work areas and lands affected by surface operations including, but not limited to, roads, mine entry excavations, above ground (surface) work areas, such as tipples, coal processing facilities and other operating facilities, waste work and spoil disposal areas, and mine waste impoundments or embankments.
</P>
<P>(4) Where State environmental protection standards are adopted for a specific State because they are more stringent than the standards of this part, they will be published in part 718 of this chapter.
</P>
<P>(b) <I>Authorizations to operate.</I> A copy of all current permits, licenses, approved plans or other authorizations to operate the mine shall be available for inspection at or near the mine site. 


</P>
</DIV8>


<DIV8 N="§ 717.12" NODE="30:3.0.1.2.10.0.1.3" TYPE="SECTION">
<HEAD>§ 717.12   Signs and markers.</HEAD>
<P>(a) <I>Specifications.</I> All signs required to be posted shall be of a standard design that can be seen and read easily and shall be made of durable material, and shall conform to local ordinances and codes. The signs and other markers shall be maintained during all operations to which they pertain. 
</P>
<P>(b) <I>Mine and permit identification signs.</I> Signs identifying the mine area shall be displayed at all points of access to the permit area from public highways. Signs shall show the name, business address, and telephone number of the permittee and identification numbers of current mining and reclamation permits or other authorizations to operate. Such signs shall not be removed until after release of all bonds. 


</P>
</DIV8>


<DIV8 N="§ 717.13" NODE="30:3.0.1.2.10.0.1.4" TYPE="SECTION">
<HEAD>§ 717.13   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 717.14" NODE="30:3.0.1.2.10.0.1.5" TYPE="SECTION">
<HEAD>§ 717.14   Backfilling and grading of road cuts, mine entry area cuts, and other surface work areas.</HEAD>
<P>(a) Upon completion of underground mining, surface work areas which are involved in excavation, disposal of materials, or otherwise affected, shall be regraded to approximate original contour. The permittee shall transport, backfill and compact fill material to assure stability or to prevent leaching of toxic pollutants. Barren rock or similar materials excess to the mining operations and which are disposed on the land surface shall be subject to the provision of § 717.15 of this part. Roads and support facility areas existing prior to the effective date of this part and used in support of underground mining operations which are subject to this part shall be regraded to the extent deemed feasible by the regulatory authority based on the availability of backfill material and resulting stability of the affected lands after reclamation. As a minimum, the permittee shall be required to: 
</P>
<P>(1) Retain all earth, rock and other mineral nonwaste materials on the solid portion of existing or new benches, except that the regulatory authority may permit placement of such material at the site of the faceup as a means of disposing of excavated spoil when additional working space is needed to facilitate operations. Such placement of material shall be limited to minimize disturbance of land and to the hydrologic balance. Such fills shall be stabilized with vegetation and shall achieve a minimum static safety factor of 1.5. In no case shall the outslope exceed the angle of repose. 
</P>
<P>(2) Backfill and grade to the most moderate slope possible to eliminate any highwall along roads, mine entry faces or other areas. Slopes shall not exceed the angle of repose or such lesser slopes as required by the regulatory authority to maintain stability. 
</P>
<P>(b) On approval by the regulatory authority and in order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut-and-fill terraces may be allowed if the terraces are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements: 
</P>
<P>(1) The width of the individual terrace bench shall not exceed 20 feet unless specifically approved by the regulatory authority as necessary for stability erosion control, or roads. 
</P>
<P>(2) The vertical distance between terraces shall be as specified by the regulatory authority to prevent excessive erosion and to provide long/term stability. 
</P>
<P>(3) The slope of the terrace outslope shall not exceed 1<I>v:</I>2<I>h</I> (50 percent). Outslopes which exceed 1<I>v:</I>2<I>h</I> (50 percent) may be approved if they have a minimum static safety factor of 1.5 of more and provide adequate control over erosion and closely resemble the surface configuration of the land prior to mining. In no case may highwalls be left as part of terraces. 
</P>
<P>(4) Culverts and underground rock drains shall be used on the terrace only when approved by the regulatory authority. 
</P>
<P>(c) All surface operations on steep slopes of 20 degrees or more or on such lesser slopes as the regulatory authority define as a <I>steep slope</I> shall be conducted so as not to place any material on the downslope below road cuts, mine working or other benches, other than in conformance with paragraph (a)(1) of this part. 
</P>
<P>(d) <I>Regrading or stabilizing rills and gullies.</I> When rills or gullies deeper than 9 inches form in areas that have been regraded and the topsoil replaced but vegetation has not yet been established, the permittee shall fill, grade, or otherwise stabilize the rills and gullies and reseed or replant the areas according to § 717.20. The regulatory authority shall specify that erosional features of lesser size be stabilized if they result in additional erosion and sedimentation. 
</P>
<P>(e) <I>Covering coal and acid-forming, toxic-forming, combustible, and other</I> waste materials; stabilizing backfilled materials; and using waste material for fill. Any acid-forming, toxic-forming, combustible materials, or any other waste materials as identified by the regulatory authority that are exposed, used, or produced during underground mining and which are deposited on the land surface shall, after placement in accordance with § 717.15 of this part, be covered with a minimum of 4 feet of nontoxic and noncombustible material; or, if necessary, treated to neutralize toxicity, in order to prevent water pollution and sustained combustion, and to minimize adverse effects on plant growth and land uses. Where necessary to protect against upward migration of salts, exposure by erosion, to provide an adequate depth for plant growth, or to otherwise meet local conditions, the regulatory authority shall specify thicker amount of cover using nontoxic material. Acid-forming or toxic-forming material shall not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution or otherwise violate the provisions of § 717.17 of this part. 
</P>
<P>(f) <I>Grading along the contour.</I> All final grading, preparation of earth, rock and other nonwaste materials before replacement of topsoil, and placement of topsoil in accordance with § 717.20, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators, grading, preparation or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage. 


</P>
</DIV8>


<DIV8 N="§ 717.15" NODE="30:3.0.1.2.10.0.1.6" TYPE="SECTION">
<HEAD>§ 717.15   Disposal of excess rock and earth materials on surface areas.</HEAD>
<P>Excess rock and earth materials produced from an underground mine and not disposed in underground workings or used in backfilling and grading operations shall be placed in surface disposal areas in accordance with requirements of § 715.15. Where the volume of such material is small and its chemical and physical characteristics do not pose a threat to either public safety or the environment, the regulatory authority may modify the requirements of § 715.15 in accordance with § 717.14(a)(1). 


</P>
</DIV8>


<DIV8 N="§ 717.16" NODE="30:3.0.1.2.10.0.1.7" TYPE="SECTION">
<HEAD>§ 717.16   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 717.17" NODE="30:3.0.1.2.10.0.1.8" TYPE="SECTION">
<HEAD>§ 717.17   Protection of the hydrologic system.</HEAD>
<P>The permittee shall plan and conduct underground coal mining and reclamation operations to minimize disturbance of the prevailing hydrologic balance in order to prevent long-term adverse changes in the hydrologic balance that could result from underground coal mining operations, both on and off site. changes in water quality and quantity, in the depth to ground water, and in the location of surface water drainage channels shall be minimized and applicable Federal and State statutes and regulations shall not be violated. The permittee shall conduct operations so as to minimize water pollution and shall, where necessary, use treatment methods to control water pollution. The permittee shall emphasize underground coal mining and reclamation practices that will prevent or minimize water pollution and changes in flows in preference to the use of water treatment facilities prior to discharge to surface waters. Practices to control and minimize pollution include, but are not limited to, diverting water from underground workings or preventing water contact with acid- or toxic-forming materials, and minimizing water contact time with waste materials, maintaining mine barriers to enhance postmining inundation and sealing, establishing disturbed areas through grading, diverting runoff, achieving quick growing stands of temporary vegetation, and lining drainage channels. If treatment is required to eliminate pollution of surface or ground waters, the permittee shall operate and maintain the necessary water treatment facilities as set forth in this section. 
</P>
<P>(a) <I>Water quality standards and effluent limitations.</I> (1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded or planted and which remain subject to the requirements of this section, except for drainage from disturbed areas that have met the requirements of § 717.20 shall be passed through a sedimentation pond or a series of sedimentation ponds prior to leaving the permit area. All waters which flow or are removed from underground operations or underground waters which are removed from other areas to facilitate mining and which discharge to surface waters must be passed through appropriate treatment facilities prior to discharge where necessary to meet effluent limitations. 
</P>
<P>(2) For purposes of this section only, disturbed areas shall include areas of surface operations but shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this section and the upstream area is not otherwise disturbed by the permittee. Disturbed areas shall not include those surface areas overlying the underground working unless those areas are also disturbed by surface operations such as fill (disposal) areas, support facilities areas, or other major activities which create a risk of pollution. 
</P>
<P>(3) The regulatory authority may grant exemptions from this requirement only when the disturbed drainage area within the total disturbed area is small and if the permittee shows that sedimentation ponds are not necessary to meet effluent limitations of this paragraph and to maintain water quality in downstream receiving waters. Sedimentation ponds required by this paragraph shall be constructed in accordance with paragraph (e) of this section in appropriate locations prior to any mining in the affected drainage area in order to control sedimentation or otherwise treat water in accordance with this paragraph. Discharges from areas disturbed by underground operation and by surface operation and reclamation activities conducted thereon, must meet all applicable Federal and State regulations and, at a minimum, the following numerical effluent limitations:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Effluent Limitations, in Milligrams Per Liter, mg/l Except for pH
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Effluent characteristics
</TH><TH class="gpotbl_colhed" scope="col">Maximum allowable 
<sup>1</sup>
</TH><TH class="gpotbl_colhed" scope="col">Average of daily values for 30 consecutive discharge days 
<sup>1</sup>
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Iron, total</TD><TD align="right" class="gpotbl_cell">7.0</TD><TD align="right" class="gpotbl_cell">3.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Manganese, total</TD><TD align="right" class="gpotbl_cell">4.0</TD><TD align="right" class="gpotbl_cell">2.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Total suspended solids 
<sup>2</sup></TD><TD align="right" class="gpotbl_cell">70.0</TD><TD align="right" class="gpotbl_cell">35.0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">pH 
<sup>3</sup></TD><TD align="right" class="gpotbl_cell">(
<sup>4</sup>)</TD><TD align="right" class="gpotbl_cell">(
<sup>4</sup>)
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Based on representative sampling.
</P><P class="gpotbl_note">
<sup>2</sup> In Arizona, Colorado, Montana, New Mexico, North Dakota, South Dakota, Utah, and Wyoming, total suspended solids limitations will be determined on a case-by-case basis, but they must not be greater than 45/mg/l (maximum allowable) and 30 mg/l (average of daily value for 30 consecutive discharge days) based on a representative sampling.
</P><P class="gpotbl_note">
<sup>3</sup> Where the application of neutralization and sedimentation treatment technology results in inability to comply with the manganese limitations set forth, the regulatory authority may allow the pH level in the discharge to exceed to a small extent the upper limit of 9.0 in order that the manganese limitations will be achieved.
</P><P class="gpotbl_note">
<sup>4</sup> Within the range 6.0 to 9.0.</P></DIV></DIV>
<P>(i) Any overflow or other discharge of surface water from the disturbed area within the permit area demonstrated by the permittee to result from a precipitation event larger than the 10-year 24-hour frequency event will not be subject to the effluent limitations of paragraph (a).
</P>
<P>(ii) The permittee shall install, operate, and maintain adequate facilities to treat any water discharged from the disturbed area that violates applicable Federal or State regulations or the limitations of paragraph (a). If the pH of waters to be discharged from the disturbed area is normally less than 6.0, an automatic lime feeder or other neutralization process approved by the regulatory authority shall be installed, operated, and maintained. If the regulatory authority finds that small and infrequent treatment requirements to meet applicable standards do not necessitate use of an automatic neutralization process, and the mine normally produces less than 500 tons of coal per day, the regulatory authority can approve the use of a manual system if the permittee agrees to insure that consistent and timely treatment is carried out.
</P>
<P>(iii) The effluent limitations for manganese shall be applicable only to acid drainage.
</P>
<P>(b) <I>Surface water monitoring.</I> (1) The permittee shall submit for approval by the regulatory authority a surface water monitoring program which meets the following requirements:
</P>
<P>(i) Provides adequate monitoring of all discharge from the disturbed area and from the underground operations.
</P>
<P>(ii) Provides adequate data to describe the likely daily and seasonal variation in discharges from the disturbed area in terms of flow, pH, total iron, total manganese, and total suspended solids and, as requested by the regulatory authority, any other parameter characteristic of the discharge.
</P>
<P>(iii) Provides monitoring at appropriate frequencies to measure normal and abnormal variations in concentration.
</P>
<P>(iv) Provides an analytical quality control system including standard methods of analysis such as those specified in 40 CFR part 136. 
</P>
<P>(v) Within sixty (60) days of the end of each sixty (60) day sample collection period, a report of all samples shall be made to the regulatory authority, unless the discharge for which water monitoring reports are required is subject to regulation by a National Pollution Discharge Elimination System (NPDES) permit issued in compliance with the Clean Water Act of 1977 (33 U.S.C. 1251-1378), (A) which includes equivalent reporting requirements, and (B) which requires filing of the water monitoring reports within 90 days or less of sample collection. 
</P>
<FP>For such discharges, the reporting requirements of this paragraph may be satisfied by submitting to the regulatory authority on the same time schedule as required by the NPDES permit or within ninety (90) days following sample collection, whichever is earlier, either (<I>1</I>) a copy of the completed reporting form filed to meet the NPDES permit requirements, or (<I>2</I>) a letter identifying the State or Federal government official with whom the reporting form was filed to meet the NPDES permit requirements and the date of filing. In all cases in which analytical results of the sample collections indicate a violation of a permit condition or applicable standard has occurred, the operator shall notify the regulatory authority immediately. Where an NPDES permit effluent limitation requirement has been violated, the permittee should forward a copy of the Discharge Monitoring Report, EPA Form 3320-1, concurrently with notification of the violation. 
</FP>
<P>(2) Equipment, structures, or other measures necessary to accurately measure and sample the quality and quantity of surface water discharges from the disturbed area of the permit area shall be properly installed, maintained and operated and shall be removed when no longer required.
</P>
<P>(c) <I>Diversion and conveyance of overland flow away from disturbed areas.</I> In order to minimize erosion and to prevent or remove water from contacting toxic-producing deposits, overland flow from undisturbed areas may, as required or approved by the regulatory authority, be diverted away from disturbed areas by means of temporary or permanent diversion structures. The following requirements shall be met for such diversions:
</P>
<P>(1) Temporary diversion structures shall be constructed to safely pass the peak runoff from a precipitation event with a one year recurrence interval, or a larger event as specified by the regulatory authority. The design criteria must assure adequate protection of the environment and public during the existence of the temporary diversion structure.
</P>
<P>(2) Permanent diversion structures are those remaining after mining and reclamation and approved for retention by the regulatory authority and other appropriate State and Federal agencies. To protect fills and property, to prevent water from contacting toxic-producing deposits, and to avoid danger to public health and safety, permanent diversion structures shall be constructed to safely pass the peak runoff from a precipitation event with a 100-year recurrence interval or a larger event as specified by the regulatory authority. Permanent diversion structures shall be constructed with gently sloping banks that are stabilized by vegetation. Asphalt, concrete, or other similar linings shall not be used unless specifically required to prevent seepage or to provide stability and they are approved by the regulatory authority.
</P>
<P>(3) Diversions shall be designed, constructed, and maintained in a manner so as to prevent additional contributions of suspended solids to streamflow, or to runoff outside the permit area to the extent possible, using the best technology currently available. In no event shall such contributions be in excess of requirements set by applicable State or Federal law. Appropriate sediment control measures for these diversions shall include, but not be limited to, maintenance of appropriate gradients, channel lining, vegetation, and roughness structures and detention basins.
</P>
<P>(d) <I>Stream channel diversions.</I> In the event that the regulatory authority permits diversion of streams, the regulations of § 715.17(d) shall apply. 
</P>
<P>(e) <I>Sedimentation ponds</I>—(1) <I>General requirements.</I> Sedimentation ponds shall be used individually or in series and shall:
</P>
<P>(i) Be constructed before any disturbance of the undisturbed area to be drained into the pond and prior to any discharge of water to surface waters from underground mine workings; 
</P>
<P>(ii) Be located as near as possible to the disturbed area and out of perennial streams, unless approved by the regulatory authority, 
</P>
<P>(iii) Meet all the criteria of the section. 
</P>
<P>(2) <I>Sediment storage volume.</I> Sedimentation ponds shall provide a minimum sediment storage volume. 
</P>
<P>(3) <I>Detention time.</I> Sedimentation ponds shall provide the required theoretical detention time for the water inflow or runoff entering the pond from a 10-year, 24-hour precipitation event (design event), plus the average inflow from the underground mine. 
</P>
<P>(4) <I>Dewatering.</I> The water storage resulting from inflow shall be removed by a nonclogging dewatering device or a conduit spillway approved by the regulatory authority. The dewatering device shall not be located at a lower elevation than the maximum elevation of the sedimentation storage volume. 
</P>
<P>(5) Each person who conducts underground mining activities shall design, construct, and maintain sedimentation ponds to prevent short-circuiting to the extent possible. 
</P>
<P>(6) The design, construction, and maintenance of a sedimentation pond or other sediment control measures in accordance with this section shall not relieve the person from compliance with applicable effluent limitations as contained in paragraph (a) of this section. 
</P>
<P>(7) There shall be no out-flow through the emergency spillway during the passage of the runoff resulting from the 10-year, 24-hour precipitation events and lesser events through the sedimentation pond, regardless of the volume of water and sediment present from the underground mine during the runoff. 
</P>
<P>(8) Sediment shall be removed from sedimentation ponds. 
</P>
<P>(9) An appropriate combination of principal and emergency spillways shall be provided to discharge safely the runoff from a 25-year, 24-hour precipitation event, or larger event specified by the regulatory authority, plus any inflow from the underground mine. The elevation of the crest of the emergency spillway shall be a Minimum of 1.0 foot above the crest of the principal spillway. Emergency spillway grades and allowable velocities shall be approved by the regulatory authority. 
</P>
<P>(10) The minimum elevation of the top of the settled embankment shall be 1.0 foot above the water surface in the pond with the emergency spillway flowing at design depth. For embankments subject to settlement, this 1.0 foot minimum elevation requirement shall apply at all times, including the period after settlement. 
</P>
<P>(11) The constructed height of the dam shall be increased a minimum of 5 percent over the design height to allow for settlement, unless it has been demonstrated to the regulatory authority that the material used and the design will ensure against all settlement. 
</P>
<P>(12) The minimum top width of the embankment shall not be less than the quotient of (<I>H</I> + 35)/5, where <I>H, in feet,</I> is the height of the embankment as measured from the upstream toe of the embankment. 
</P>
<P>(13) The combined upstream and downstream side slopes of the settled embankment shall not be less than 1<I>v:</I>5<I>h,</I> with neither slope steeper than 1<I>v:</I>2<I>h,</I> Slopes shall be designed to be stable in all cases, even if flatter side slopes are required. 
</P>
<P>(14) The embankment foundation area shall be cleared of all organic matter, all surfaces sloped to no steeper than 1<I>v:</I>1<I>h,</I> and the entire foundation surface scarified. 
</P>
<P>(15) The fill material shall be free of sod, large roots, other large vegetative matter, and frozen soil, and in no case shall coal-processing waste be used. 
</P>
<P>(16) The placing and spreading of fill material shall be started at the lowest point of the foundation. The fill shall be brought up in horizontal layers of such thickness as is required to facilitate compaction and meet the design requirement of this section. Compaction shall be conducted as specified in the design approved by the regulatory authority. 
</P>
<P>(17) If a sedimentation pond has an embankment that is more than 20 feet in height, as measured from the upstream top of the embankment to the crest of the emergency spillway, or has a storage volume of 20 acre-feet or more, the following additional requirements shall be met: 
</P>
<P>(i) An appropriate combination of principal and emergency spillways shall be provided to safely discharge the runoff resulting from a 100-year, 24-hour precipitation event, or a larger event specified by the regulatory authority, plus any in-flow from the underground mine. 
</P>
<P>(ii) The embankment shall be designed and constructed with an acceptable static safety factor of at least 1.5, or a higher safety factor as designated by the regulatory authority to ensure stability. 
</P>
<P>(iii) Appropriate barriers shall be provided to control seepage along conduits that extend through the embankment. 
</P>
<P>(iv) The criteria of the Mine Safety and Health Administration as published in 30 CFR 77.216 shall be met. 
</P>
<P>(18) Each pond shall be designed and inspected during construction under the supervision of, and certified after construction by, a registered professional engineer. 
</P>
<P>(19) The entire embankment including the surrounding areas disturbed by construction shall be stabilized with respect to erosion by a vegetative cover or other means immediately after the embankment is completed. The active upstream face of the embankment where water is being impounded may be riprapped or otherwise stabilized. Areas in which the vegetation is not successful or where rills and guillies develop shall be repaired and revegetated, in accordance with § 717.20. 
</P>
<P>(20) All ponds, including those not meeting the size or other criteria of 30 CFR 77.216(a), shall be examined for structural weakness, erosion, and other hazardous conditions and reports and notifications shall be made to the regulatory authority, in accordance with 30 CFR 77.216-3. With the approval of the regulatory authority, dams not meeting these criteria (30 CFR 77.216(a)) shall be examined four times per year.
</P>
<P>(21) Sedimentation ponds shall not be removed until the disturbed area has been restored and the vegetation requirements of § 715.20 are met and the drainage entering the pond has met the applicable State and Federal water quality requirements for the receiving stream. When the sedimentation pond is removed, the affected land shall be regraded and revegetated in accordance with §§ 717.14 and 717.20, unless the pond has been approved by the regulatory authority for retention as compatible with the approved post-mining land use paragraph (k) of this section. If the regulatory authority approves retention, the sedimentation pond shall meet all the requirements for permanent impoundments of paragraph (k).
</P>
<P>(22)(i) Where surface mining activities are proposed to be conducted on steep slopes, as defined in § 716.2 of this chapter, special sediment control measures may be followed if the person has demonstrated to the regulatory authority that a sedimentation pond (or series of ponds) constructed according to paragraph (e) of this section—
</P>
<P>(A) Will jeopardize public health or safety; or
</P>
<P>(B) Will result in contributions of suspended solids to streamflow in excess of the incremental sediment volume trapped by the additional pond size required.
</P>
<P>(ii) Special sediment control measures shall include but not be limited to—
</P>
<P>(A) Designing, constructing, and maintaining a sedimentation pond as near as physically possible to the disturbed area which complies with the design criteria of this section to the maximum extent possible.
</P>
<P>(B) A plan and commitment to employ sufficient onsite sedimentation control measures including bench sediment storage, filtration by natural vegetation, mulching, and prompt revegetation which, in conjunction with the required sediment pond, will achieve and maintain applicable effluent limitations. The plan submitted pursuant to this paragraph shall include a detailed description of all onsite control measures to be employed, a quantitative analysis demonstrating that onsite sedimentation control measures, in conjunction with the required sedimentation pond, will achieve and maintain applicable effluent limitations, and maps depicting the location of all onsite sedimentation control measures. 
</P>
<P>(f) <I>Discharge structures.</I> Discharges from sedimentation ponds and diversion structures shall be controlled, where necessary, using energy dissipators, surge ponds, and other devices to reduce erosion and prevent deepening or enlargement of stream channels and to minimize disturbances to the hydrologic balance.
</P>
<P>(g) <I>Acid and toxic materials.</I> Drainage to ground and surface waters which emanates from acid-forming or toxic-forming mine waste materials and spoils placed on the land surface shall be avoided by—
</P>
<P>(1) Identifying, burying, and treating where necessary, spoil or other materials that, in the judgment of the regulatory authority, will be toxic to vegetation or that will adversely affect water quality if not treated or buried. Such material shall be disposed in accordance with the provision of § 717.14(e);
</P>
<P>(2) Preventing or removing water from contact with toxic-producing deposits;
</P>
<P>(3) Burying or otherwise treating all toxic or harmful materials within 30 days if such materials are subject to wind and water erosion, or within a lesser period designated by the regulatory authority. If storage of such materials is approved, the materials shall be placed on impermeable material and protected from erosion and contact with surface water. Coal waste ponds and other coal waste materials shall be maintained according to paragraph (g)(4) of this section and § 717.18 shall apply;
</P>
<P>(4) Burying or otherwise treating waste materials from coal preparation plants no later than 90 days after the cessation of the filling of the disposal area. Burial or treatment shall be in accordance with § 717.14(e) of this part;
</P>
<P>(5) Casing, sealings, or otherwise managing boreholes, shafts, wells, and auger holes or other more or less horizontal holes to prevent pollution of surface or ground water and to prevent mixing of ground waters of significantly different quality. All boreholes that are within the permit area but are outside the surface coal mining area or which extend beneath the coal to be mined and into water-bearing strata shall be plugged permanently in a manner approved by the regulatory authority, unless boreholes have been approved for use in monitoring.
</P>
<P>(h) <I>Ground water systems.</I> (1) Underground operations shall be conducted to minimize adverse effects on ground water flow and quality, and to minimize offsite effects. The permittee will be responsible for performing monitoring according to paragraph (h)(2) of this section to ensure operations conform to this requirement.
</P>
<P>(2) Ground water levels, subsurface flow and storage characteristics, and the quality of ground water shall be monitored in a manner approved by the regulatory authority to determine the effects of underground coal mining operations on the quantity and quality of water in ground water systems at the mine area and in associated offsite areas. When operations are conducted in such a manner that may affect the ground water system, ground water levels and ground water quality shall be periodically monitored using wells which can adequately reflect changes in ground water quantity and quality resulting from such operations. Sufficient water wells must be used by the permittee. The regulatory authority may require drilling and development of additional wells if needed to adequately monitor the ground water system. As specified and approved by the regulatory authority, additional hydrologic tests, such as aquifer tests, must be undertaken by the permittee to demonstrate compliance with paragraph (h)(1) of this section.
</P>
<P>(i) <I>Water rights and replacement.</I> The permittee shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from surface coal mine operation by the permittee.
</P>
<P>(j) <I>Hydrologic impact of roads</I>—(1) <I>General.</I> Access and haul roads and associated bridges, culverts, ditches, and road rights-of-way shall be constructed, maintained, and reclaimed so as to the extent possible, using the best technology currently available, prevent additional contributions of suspended solids to streamflow, or to runoff outside the permit area to the extent possible, using the best technology currently available. In no event shall the contributions be in excess of requirements set by applicable State or Federal law. All haul and access roads shall be removed and the land affected shall be regraded and revegetated consistent with the requirements of §§ 717.14 and 717.20, unless retention of a road is approved and assured of necessary maintenance to adequately control erosion.
</P>
<P>(2) <I>Construction.</I> (i) All roads, insofar as possible, shall be located on ridges or on flatter and more stable slopes to minimize erosion. Stream fords are prohibited unless they are specifically approved by the regulatory authority as temporary routes across dry streams that will not adversely affect sedimentation and that will not be used for coal haulage. Other stream crossings shall be made using bridges, culverts, or other structures designed and constructed to meet the requirements of this paragraph. Roads shall not be located in active stream channels nor shall they be constructed or maintained in a manner that increases erosion or causes significant sedimentation or flooding. However, nothing in this paragraph will be construed to prohibit relocation of stream channels in accordance with paragraph (d) of this section.
</P>
<P>(ii) In order to minimize erosion and subsequent disturbances of the hydrologic balance, roads shall be constructed in compliance with the following grade restrictions or other grades determined by the regulatory authority to be necessary to control erosion:
</P>
<P>(A) The overall sustained grade shall not exceed 1<I>v:</I>10<I>h</I> (10 percent).
</P>
<P>(B) The maximum grade greater than 10 percent shall not exceed 1<I>v:</I>6.5<I>h</I> (15 percent) for more than 300 feet.
</P>
<P>(C) There shall not be more than 300 feet of grade exceeding 10 percent within each 1,000 feet.
</P>
<P>(iii) All access and haul roads shall be adequately drained using structures such as, but not limited to, ditches, water barriers, cross drains, and ditch relief drains. For access and haul roads that are to be maintained for more than 1 year, water-control structures shall be designed with a discharge capacity capable of passing the peak runoff from a 10-year, 24-hour precipitation event. Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets. Drainage ditches shall be provided at the toe of all cut slopes formed by construction of roads. Trash racks and debris basis shall be installed in the drainage ditches wherever debris from the drainage area could impair the functions of drainage and sediment control structures. Ditch relief and cross drains shall be spaced according to grade. Effluent limitations of paragraph (a) of this section shall not apply to drainage from access and haul roads located outside the disturbed area as defined in this section unless otherwise specified by the regulatory authority.
</P>
<P>(iv) Access and haul roads shall be surfaced with durable material. Toxic- or acid-forming substances shall not be used. Vegetation may be cleared only for the essential width necessary for road and associated ditch construction and to serve traffic roads.
</P>
<P>(3) <I>Maintenance.</I> (i) Access and haul roads shall be routinely maintained by means such as, but not limited to, wetting, scraping, or surfacing.
</P>
<P>(ii) Ditches, culverts, drains, trash racks, debris basins, and other structures serving to drain access and haul roads shall not be restricted or blocked in any manner that impedes drainage or adversely affects the intended purpose of the structure.
</P>
<P>(4) Access roads constructed for and used only to provide infrequent service to surface facilities, such as ventilators or monitoring devices shall be exempt from the requirements of paragraph (j)(2) of this section provided adequate stabilization to control erosion is achieved through use of alternative measures.
</P>
<P>(k) <I>Hydrologic impacts of other transport facilities.</I> Railroad loops, spurs, conveyors, or other transport facilities shall be constructed, maintained, and reclaimed to prevent additional contributions of suspended solids to streamflow, or to runoff outside the permit area to the extent possible, using the best technology currently available and to control other diminution or degradation of water quality and quantity. In no event shall contributions be in excess of requirements set by applicable State or Federal law.
</P>
<P>(l) <I>Discharge of waters into underground mines.</I> Surface and ground waters shall not be discharged or diverted into underground mine workings. 
</P>
<SECAUTH TYPE="N">(Secs. 101, 102, 201, 501, 503-510, 515-517, 523, and 701, Surface Mining Reclamation Act of 1977, Pub. L. 95-87 (30 U.S.C. 1201, 1202, 1211, 1251-1260, 1265-1267, 1273, 1291)) 
</SECAUTH>
<CITA TYPE="N">[42 FR 62695, Dec. 13, 1977, as amended at 43 FR 8092, Feb. 27, 1978; 43 FR 21459, May 18, 1978; 44 FR 30632, May 25, 1979; 44 FR 36887, June 22, 1979; 44 FR 77452, Dec. 31, 1979] 
</CITA>
<EFFDNOT>
<HED>Effective Date Note:</HED><PSPACE>A document published at 44 FR 77452, Dec. 31, 1979, suspended § 717.17(a)(3)(i) insofar as it applies to total suspended solids (TSS) discharges.</PSPACE></EFFDNOT>
</DIV8>


<DIV8 N="§ 717.18" NODE="30:3.0.1.2.10.0.1.9" TYPE="SECTION">
<HEAD>§ 717.18   Dams constructed of or impounding waste material.</HEAD>
<P>(a) <I>General.</I> No waste material shall be used in or impounded by existing or new dams without the approval of regulatory authority. The permittee shall design, locate, construct, operate, maintain, modify, and abandon or remove all dams (used either temporarily or permanently) constructed of waste materials, in accordance with the requirements of this section.
</P>
<P>(b) <I>Construction of dams.</I> (1) Waste shall not be used in the construction of dams unless demonstrated through appropriate engineering analysis, to have no adverse effect on stability.
</P>
<P>(2) Plans for dams subject to this section, and also including those dams that do not meet the size or other criteria of § 77.216(a) of this title, shall be approved by the regulatory authority before construction and shall contain the minimum plan requirements established by the Mining Enforcement and Safety Administration pursuant to § 77.216-2 of this title.
</P>
<P>(3) Construction requirements are as follows: (i) Design shall be based on the flood from the probable maximum precipitation event unless the permittee shows that the failure of the impounding structure would not cause loss of life or severely damage property or the environment, in which case, depending on site conditions, a design based on a precipitation event of no less than 100-year frequency may be approved by the regulatory authority.
</P>
<P>(ii) The design freeboard distance between the lowest point on the embankment crest and the maximum water elevation shall be at least 3 feet to avoid overtopping by wind and wave action.
</P>
<P>(iii) Dams shall have minimum safety factors as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Case
</TH><TH class="gpotbl_colhed" scope="col">Loading condition
</TH><TH class="gpotbl_colhed" scope="col">Minimum safety factor
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">I</TD><TD align="left" class="gpotbl_cell">End of construction</TD><TD align="right" class="gpotbl_cell">1.3
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">II</TD><TD align="left" class="gpotbl_cell">Partial pool with steady seepage saturation</TD><TD align="right" class="gpotbl_cell">1.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">III</TD><TD align="left" class="gpotbl_cell">Steady seepage from spillway or decant crest</TD><TD align="right" class="gpotbl_cell">1.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">IV</TD><TD align="left" class="gpotbl_cell">Earthquake (cases II and III with seismic loading)</TD><TD align="right" class="gpotbl_cell">1.0</TD></TR></TABLE></DIV></DIV>
<P>(iv) The dam, foundation, and abutment shall be stable under all conditions of construction and operation of the impoundment. Sufficient foundation investigations and laboratory testing shall be performed to determine the factors of safety of the dam for all loading conditions in paragraph (b)(3)(iii) of this section and for all increments of construction.
</P>
<P>(v) Seepage through the dam, foundation, and abutments shall be controlled to prevent excessive uplift pressures, internal erosion, sloughing, removal of material by solution, or erosion of material by loss into cracks, joints, and cavities. This may require the use of impervious blankets, pervious drainage zones or blankets, toe drains, relief wells, or dental concreting of jointed rock surface in contact with embankment materials.
</P>
<P>(vi) Allowances shall be made for settlement of the dams and the foundation so that the freeboard will be maintained.
</P>
<P>(vii) Impoundments created by dams of waste materials shall be subject to a minimum drawdown criteria that allows the facility to be evacuated by spillways or decants of 90 percent of the volume of water stored during the design precipitation event within 10 days.
</P>
<P>(viii) During construction of dams subject to this section, the structures shall be periodically inspected by a registered professional engineer to ensure construction according to the approved design. On completion of construction, the structure shall be certified by a registered professional engineer experienced in the field of dam construction as having been constructed in accordance with accepted professional practice and the approved design.
</P>
<P>(ix) A permanent identification marker, at least 6 feet high that shows the dam number assigned pursuant to § 77.216-1 of this title and the name of the person operating or controlling the dam, shall be located on or immediately adjacent to each dam within 30 days of certification of design pursuant to this section.
</P>
<P>(4) All dams including those not meeting the size or other criteria of § 77.216(a) of this title, shall be routinely inspected by a registered professional engineer, or someone under the supervision of a registered professional engineer, in accordance with Mining Enforcement, and Safety Administration regulations pursuant to § 77.216-3 of this title.
</P>
<P>(5) All dams shall be routinely maintained. Vegetative growth shall be cut where necessary to facilitate inspection and repairs. Ditches and spillways shall be cleaned. Any combustible materials present on the surface, other than that used for surface stability such as mulch or dry vegetation, shall be removed and any other appropriate maintenance procedures followed.
</P>
<P>(6) All dams subject to this section shall be recertified annually as having been constructed and modified in accordance with current prudent engineering practices to minimize the possibility of failures. Any changes in the geometry of the impounding structure shall be highlighted and included in the annual recertification report. These certifications shall include a report on existing and required monitoring procedures and instrumentation, the average and maximum depths and elevations of any impounded waters over the past year, existing storage capacity of impounding structures, any fires occurring in the material over the past year and any other aspects of the structures affecting their stability.
</P>
<P>(7) Any enlargements, reductions in size, reconstruction or other modification of the dams shall be approved by the regulatory authority before construction begins.
</P>
<P>(8) All dams shall be removed and the disturbed areas regraded, revegetated, and stabilized before the release of bond unless the regulatory authority approves retention of such dams as being compatible with an approved postmining land use (§ 715.13).


</P>
</DIV8>


<DIV8 N="§ 717.19" NODE="30:3.0.1.2.10.0.1.10" TYPE="SECTION">
<HEAD>§ 717.19   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 717.20" NODE="30:3.0.1.2.10.0.1.11" TYPE="SECTION">
<HEAD>§ 717.20   Topsoil handling and revegetation.</HEAD>
<P>(a) Topsoil shall be removed as a separate operation from areas to be disturbed by surface operations, such as roads and areas upon which support facilities are to be sited. Selected overburden materials may be used instead of, or as a substitute for topsoil where the resulting soil medium is determined by the regulatory authority to be equal to or more suitable for revegetation. Topsoil shall be segregated, stockpiled, and protected from wind and water erosion, or contaminants. Disturbed areas no longer required for the conduct of mining operations shall be regraded, topsoil distributed, and revegetated.
</P>
<P>(b) The permittee shall establish on all land that has been disturbed by mining operations a diverse, effective, and permanent vegetative cover capable of self-regeneration and plant succession, and adequate to control soil erosion. Introduced species may be substituted for native species if approved by the regulatory authority. Introduced species shall meet applicable State and Federal seed or introduced species statutes, and may not include poisonous or potentially toxic species. 


</P>
</DIV8>

</DIV5>


<DIV5 N="721" NODE="30:3.0.1.2.11" TYPE="PART">
<HEAD>PART 721—FEDERAL INSPECTIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 201, 501, and 502, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62700, Dec. 13, 1977, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 721.11" NODE="30:3.0.1.2.11.0.1.1" TYPE="SECTION">
<HEAD>§ 721.11   Extent.</HEAD>
<P>The authorized representative of the Secretary shall conduct inspections of surface coal mining and reclamation operations subject to regulation under the Act— 
</P>
<P>(a) On the basis of not less than two consecutive State inspection reports indicating a violation of the Act, regulations or permit conditions required by the Act; 
</P>
<P>(b) On the basis of information provided by a State or any person which gives rise to a reasonable belief that the provisions of the Act, regulations or permit conditions required by the Act are being violated, or that a condition or practice exists which creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources; and 
</P>
<P>(c) On a random basis of at least one complete inspection each 6 months. A complete inspection is an onsite review of the operator's compliance with all applicable standards in these regulations within the entire area disturbed or affected by mining. 


</P>
</DIV8>


<DIV8 N="§ 721.12" NODE="30:3.0.1.2.11.0.1.2" TYPE="SECTION">
<HEAD>§ 721.12   Right of entry.</HEAD>
<P>(a) Authorized representatives of the Secretary, without advance notice and upon presentation of appropriate credentials and without a search warrant, shall have the right of entry to, upon, or through any surface coal mining and reclamation operations or any premises in which any records required to be maintained are located. 
</P>
<P>(b) The authorized representatives may at reasonable times, and without delay, have access to and copy any records, and inspect any monitoring equipment or method of operation required under this Act, the regulations or the permit. 


</P>
</DIV8>


<DIV8 N="§ 721.13" NODE="30:3.0.1.2.11.0.1.3" TYPE="SECTION">
<HEAD>§ 721.13   Inspections based on citizen requests.</HEAD>
<P>(a) <I>Citizens reports.</I> (1) Any person who believes that there is a violation of the Act, regulations or permit conditions required by the Act or that any imminent danger or harm exists may report this information to the Office of Surface Mining Reclamation and Enforcement. Written reports must be signed and include a phone number where the reporting party can be contacted. Oral reports will be accepted but must be followed by a written and signed statement including the information reported. The complaint or other information shall be considered as having a reasonable basis if it alleges facts which, if proven to be true, would be sufficient to show a violation of the Act, regulations or permit. Unless the Office has reason to believe that the information is incorrect, or determines that even if true it would not constitute a violation, the Office shall conduct an inspection within 15 days of receipt of the complaint. If the complaint alleges an imminent danger or harm, the inspection shall be conducted promptly. 
</P>
<P>(2) The identity of any person supplying information to the Office relating to possible violations or imminent dangers or harms shall remain confidential with the Office, if requested by the person supplying the information, unless disclosure is required under the Freedom of Information Act (5 U.S.C. 552) or by other Federal law. 
</P>
<P>(b) <I>Right to accompany the authorized representative of the Secretary.</I> (1) If a Federal inspection is conducted as a result of information provided to the Office, the person who provided the information shall be notified when the inspection is to occur and the person will be allowed to accompany the authorized representative of the Secretary during the inspection. 
</P>
<P>(2) Any person accompanying an authorized representative of the Secretary has a right of entry to, upon and through the mining and reclamation operations about which he supplied information, only if he is in the presence of and is under the control, direction and supervision of the authorized representative while on the mine property. 
</P>
<P>(c) <I>Notification of results of investigation.</I> Within 10 days of the inspection or, if no inspection, within 15 days of the complaint, the Office shall notify the person in writing of the following— 
</P>
<P>(1) The results of the investigation, including a description of any inspection which occurred and any enforcement action taken; copies of Federal inspection reports, notices of violation, and cessation orders may be forwarded to the person in satisfaction of this requirement;
</P>
<P>(2) If no inspection was conducted, an explanation of the reason for not inspecting;
</P>
<P>(3) A statement as to the person's right to informal review of the actions or inactions of the Office.
</P>
<P>(4) The permittee shall receive copies of all such reports which have not already been given to the permittee, except that the name of the complainant shall be removed.
</P>
<P>(d) <I>Review of action of local offices.</I> A person who does not agree with the action taken by the Office on their report may request the Regional Director to review the complaint and actions taken. The Regional Director shall advise the person in writing, within 30 days of the results of the review. Informal review under this subsection shall not affect any rights to formal review or a citizen's suit.


</P>
</DIV8>


<DIV8 N="§ 721.14" NODE="30:3.0.1.2.11.0.1.4" TYPE="SECTION">
<HEAD>§ 721.14   Failure to give notice and lack of reasonable belief.</HEAD>
<P>No notice of violation or cessation order may be vacated by reason of failure to give notice required by the Act or these regulations prior to the inspection; or by reason of a subsequent determination that prior to the inspection the Office did not have information sufficient to create a reasonable belief that a violation had occurred.


</P>
</DIV8>

</DIV5>


<DIV5 N="722" NODE="30:3.0.1.2.12" TYPE="PART">
<HEAD>PART 722—ENFORCEMENT PROCEDURES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 201, 501, and 502, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62701, Dec. 13, 1977, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 722.1" NODE="30:3.0.1.2.12.0.1.1" TYPE="SECTION">
<HEAD>§ 722.1   Scope.</HEAD>
<P>The regulations of this part set forth general procedures governing issuance of orders of cessation, notices of violation, and orders to show cause under section 521 of the Act.


</P>
</DIV8>


<DIV8 N="§ 722.11" NODE="30:3.0.1.2.12.0.1.2" TYPE="SECTION">
<HEAD>§ 722.11   Imminent dangers and harms.</HEAD>
<P>(a) If an authorized representative of the Secretary finds conditions or practices, or violations of any requirement of the Act, or any requirement of this chapter applicable during the interim regulatory program, which create an imminent danger to the health or safety of the public, the authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or that portion of the operation relevant to the condition, practice, or violation.
</P>
<P>(b) If an authorized representative of the Secretary finds conditions or practices, or violations of any requirement of the Act, or any requirement of this chapter applicable during the interim regulatory program, which are causing, or can reasonably be expected to cause, significant, imminent environmental harm to land, air, or water resources, the authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or that portion of the operation relevant to the condition, practice, or violation.
</P>
<P>(c) Surface coal mining and reclamation operations conducted by any person without a valid surface coal mining permit required by this subchapter constitute a condition or practice which causes or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources, unless such operations are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations.
</P>
<P>(d) An authorized representative of the Secretary shall impose affirmative obligations on an operator which the authorized representative deems necessary to abate the condition, practice, or violation if—
</P>
<P>(1) A cessation order is issued under paragraph (a) or (b) of this section; and
</P>
<P>(2) The cessation of mining or reclamation activities will not completely abate the imminent danger or harm or eliminate the practices or conditions that contributed to the imminent danger or harm.
</P>
<P>(e) When imposing affirmative obligations under this section, the authorized representative of the Secretary shall require abatement of the imminent danger or harm in the most expeditious manner physically possible. The affirmative obligation shall include a time by which abatement shall be accomplished and may include, among other things, the use of existing or additional personnel and equipment.
</P>
<P>(f) Reclamation operations not directly the subject of the order or affirmative obligation shall continue during any cessation order.
</P>
<P>(g) An authorized representative of the Secretary shall terminate a cessation order issued under paragraph (a) or (b) of this section by written notice when the authorized representative determines that the conditions or practices or violations that contributed to the imminent danger to life or the environment have been eliminated. 
</P>
<CITA TYPE="N">[42 FR 62701, Dec. 13, 1977, as amended at 45 FR 67501, Oct. 10, 1980; 47 FR 18558, Apr. 29, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 722.12" NODE="30:3.0.1.2.12.0.1.3" TYPE="SECTION">
<HEAD>§ 722.12   Non-imminent dangers or harms.</HEAD>
<P>(a) If an authorized representative of the Secretary finds conditions or practices, or violations of any requirement of the Act, or of any requirement of this chapter applicable during the interim regulatory program, but such violations do not create an imminent danger to the health or safety of the public, or are not causing and cannot reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the authorized representative shall issue a notice of violation fixing a reasonable time for abatement.
</P>
<P>(b) An authorized representative of the Secretary may extend the time to abate a violation by written notice if the failure to abate within the time set was not caused by the permittee's lack of diligence.
</P>
<P>(c) An authorized representative of the Secretary may establish interim steps in an abatement period. If the permittee fails to meet any interim step within the time set, the authorized representative may extend the time set for meeting the interim step, in accordance with this section, or may issue a cessation order pursuant to § 722.13 of this part.
</P>
<P>(d) The total time for abatement as originally fixed and subsequently extended shall not exceed 90 days except upon a showing by the permittee that it is not feasible to abate the violation within 90 calendar days due to one or more of the circumstances in § 722.12(e). An extended abatement date pursuant to this section shall not be granted when the permittee's failure to abate within 90 days has been caused by a lack of diligence or intentional delay by the permittee in completing the remedial action required.
</P>
<P>(e) Circumstances which may qualify a surface coal mining operation for an abatement period of more than 90 days are:
</P>
<P>(1) Where the permittee of an ongoing permitted operation has timely applied for and diligently pursued a permit renewal or other necessary approval of designs or plans but such permit or approval has not been or will not be issued within 90 days after a valid permit expires or is required, for reasons not within the control of the permittee; 
</P>
<P>(2) Where there is a valid judicial order precluding abatement within 90 days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;
</P>
<P>(3) Where the permittee cannot abate within 90 days due to a labor strike;
</P>
<P>(4) Where climatic conditions preclude abatement within 90 days, or where, due to climatic conditions, abatement within 90 days clearly:
</P>
<P>(i) Would cause more environmental harm than it would prevent; or
</P>
<P>(ii) Requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act.
</P>
<P>(f) Whenever an abatement time in excess of 90 days is permitted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.
</P>
<P>(g) If any of the conditions in paragraphs (e) (1) through (4) exist, the permittee may request the authorized representative to grant an abatement period exceeding 90 days. The authorized representative shall not grant such an abatement period without the concurrence of the Director or his or her designee and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he or she is entitled to an extension under the provisions of § 722.12 (d) and (e). In determining whether or not to grant an abatement period exceeding 90 days the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the request. The inspector's immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his or her concurrence or disapproval in the file.
</P>
<P>(h) Any determination made under paragraph (g) shall be in writing and shall contain a right of appeal to the Office of Hearings and Appeals in accordance with 43 CFR 4.1281 and the regulations at 43 CFR part 4.
</P>
<P>(i) No extension granted under paragraph (b) may exceed 90 days in length. Where the condition or circumstance which prevented abatement within 90 days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of paragraph (g).
</P>
<CITA TYPE="N">[42 FR 62701, Dec. 13, 1977; 43 FR 2722, Jan. 19, 1978, as amended at 45 FR 67501, Oct. 10, 1980; 46 FR 41704, Aug. 17, 1981]


</CITA>
</DIV8>


<DIV8 N="§ 722.13" NODE="30:3.0.1.2.12.0.1.4" TYPE="SECTION">
<HEAD>§ 722.13   Failure to abate.</HEAD>
<P>An authorized representative of the Secretary shall order cessation of surface coal mining and reclamation operations, or the portion relevant to the violation, when a notice of violation has been issued under § 722.12 of this part and the permittee fails to abate the violation within the time originally fixed or subsequently extended. In a cessation order issued under this section, the authorized representative shall impose affirmative obligations to abate the violation in the manner provided in § 722.11 of this part. Reclamation operations not directly the subject of the order or affirmative obligation shall continue during any cessation order. A cessation order issued under this section shall be terminated as provided in § 722.11 of this part. 


</P>
</DIV8>


<DIV8 N="§ 722.14" NODE="30:3.0.1.2.12.0.1.5" TYPE="SECTION">
<HEAD>§ 722.14   Service of notices of violation, cessation orders, and orders to show cause.</HEAD>
<P>(a) A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows: 
</P>
<P>(1) By tendering a copy at the surface coal mining and reclamation operation to the designated agent or to the person to whom it is directed. If no such agent is reasonably available, a copy may be tendered to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept. 
</P>
<P>(2) As an alternative to paragraph (a)(1) of this section, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his or her designated agent, or by any alternative means consistent with the rules governing service of a summons and complaint under rule 4 of the Federal Rules of Civil Procedure. Service shall be complete upon tender of the notice or order or of the certified mail and shall not be deemed incomplete because of refusal to accept.
</P>
<P>(b) A show cause order, or a vacation, modification or termination of a notice or order, may be served on the person to whom it is issued in either manner provided in paragraph (a) of this section. 
</P>
<P>(c) Designation by any person of an agent for service of notices and orders shall be made in a conspicuous, easy-to-read manner on the mine identification sign, or on the mine bulletin board posted by the minesite office. 
</P>
<P>(d) The Office shall furnish copies of notices and orders to the State regulatory authority, if any, after their issuance. The Office may furnish copies to any person having an interest in the surface coal mining and reclamation operation or the permit area, such as the owner of the fee, a corporate officer of the permittee, or the bonding company. 
</P>
<SECAUTH TYPE="N">(Surface Mining Control and Reclamation Act of 1977, secs. 201, 501, 521(a)(5) (30 U.S.C. 1211, 1251, 1271(a)(5))) 
</SECAUTH>
<CITA TYPE="N">[45 FR 2628, Jan. 11, 1980, as amended at 56 FR 28445, June 20, 1991] 


</CITA>
</DIV8>


<DIV8 N="§ 722.15" NODE="30:3.0.1.2.12.0.1.6" TYPE="SECTION">
<HEAD>§ 722.15   Informal public hearing.</HEAD>
<P>(a) Except as provided in paragraphs (b) and (c) of this section, a notice of violation or cessation order which requires cessation of mining, expressly or by necessary implication, shall expire within 30 days after it is served unless an informal public hearing has been held within that time. The hearing shall be held at or reasonably close to the minesite so that it may be viewed during the hearing or at any other location acceptable to the Office and the person to whom the notice or order was issued. The Office of Surface Mining office nearest to the minesite shall be deemed to be reasonably close to the minesite unless a closer location is requested and agreed to by the Office. Expiration of a notice or order shall not affect the Office's right to assess civil penalties with respect to the period during which the notice or order was in effect. No hearing will be required where the condition, practice or violation in question has been abated, or the hearing has been waived. For purposes of this section only, mining means (1) extracting coal from the earth or from coal waste piles and transporting it within or from the permit area, and (2) the processing, cleaning, concentrating, preparing or loading of coal where such operations occur at a place other than at a minesite. 
</P>
<P>(b) A notice of violation or cessation order shall not expire as provided in paragraph (a) of this section if the informal public hearing has been waived or if, with the consent of the person to whom the notice or order was issued, the informal public hearing is held later than 30 days after the notice or order was served. For purposes of this section: 
</P>
<P>(1) The informal public hearing will be deemed waived if the person to whom the notice or order is issued: 
</P>
<P>(i) Is informed, by written notice served in the manner provided in paragraph (b)(2) of this section, that he will be deemed to have waived an informal public hearing unless he requests one within 30 days after service of the notice or order, and 
</P>
<P>(ii) Fails to request an informal public hearing within that time. 
</P>
<P>(2) The written notice referred to in paragraph (b)(1)(i) of this section shall be delivered to such person by an authorized representative or sent by certified mail to such person no later than five days after the notice or order is served on such person. 
</P>
<P>(3) The person to whom the notice or order is issued shall be deemed to have consented to an extension of the time for holding the informal public hearing if his request is received on or after the 21st day after the service of the notice of order. The extension of time shall be equal to the number of days elapsed after the 21st day. 
</P>
<P>(c) The Office shall give as much advance notice as is practicable of the time, place, and subject matter of the informal public hearing to:
</P>
<P>(1) The person to whom the notice or order was issued;
</P>
<P>(2) Any person who filed a report which led to the notice or order; and
</P>
<P>(3) The State regulatory authority, if any. 
</P>
<P>(d) The Office shall also post notice of the hearing at the regional district or field office closest to the minesite, and publish it, where practicable, in a newspaper of general circulation in the area of the mine.
</P>
<P>(e) Section 554 of Title 5 of the United States Code, regarding requirements for formal adjudicatory hearings, shall not govern the conduct of these informal public hearings. An informal public hearing shall be conducted by a representative of the Office, who may accept oral or written arguments and any other relevant information from any person attending.
</P>
<P>(f) Within five business days after the date of the informal public hearing, the Office shall affirm, modify, or vacate the notice or order in writing and send its decision to:
</P>
<P>(1) The person to whom the notice or order was issued;
</P>
<P>(2) Any person who filed a report which led to the notice or order; and
</P>
<P>(3) The State regulatory authority, if any.
</P>
<P>(g) The granting or waiver of an informal public hearing shall not affect the right of any person to formal review under sections 518(b), 521(a)(4), or 525 of the Act.
</P>
<P>(h) The person conducting the hearing for the Office shall determine whether or not the minesite should be viewed during the hearing. In making this determination the only consideration shall be whether a view of the minesite will assist the person conducting the hearing in reviewing the appropriateness of the enforcement action or the required remedial action. 
</P>
<SECAUTH TYPE="N">(Surface Mining Control and Reclamation Act of 1977, secs. 201, 501, 521(a)(5) (30 U.S.C. 1211, 1251, 1271(a)(5))) 
</SECAUTH>
<CITA TYPE="N">[45 FR 2628, Jan. 11, 1980] 


</CITA>
</DIV8>


<DIV8 N="§ 722.16" NODE="30:3.0.1.2.12.0.1.7" TYPE="SECTION">
<HEAD>§ 722.16   Pattern of violations.</HEAD>
<P>(a) The regulations of this section set forth the procedures governing the suspension or revocation of State permits and rights to mine under this Act based on a pattern of violations arising during Federal inspections during the initial regulatory program.
</P>
<P>(b) <I>Definitions.</I> As used in this section—
</P>
<P>(1) <I>Violations of the same or related requirements of the Act, regulations or permit conditions</I> means noncompliance with any single section of parts 715, 716, or 717 of this chapter.
</P>
<P>(2) <I>Violations of different requirements of the Act, regulations, or permit conditions</I> means noncompliance with different sections of parts 715, 716, or 717 of this chapter.
</P>
<P>(3) <I>Unwarranted failure to comply</I> means the failure of a permittee to prevent the occurrence of any violation of his permit or any requirement of the Act or these regulations due to indifference, lack of diligence, lack of reasonable care; or the failure to abate any violation of such permit, the Act or regulations due to indifference, lack of diligence, or lack of reasonable care.
</P>
<P>(4) <I>Willful violation</I> means an intentional action or omission which violates the Act, regulations or permit conditions required under the Act.
</P>
<P>(5) <I>Inspection</I> as used in this section means any visit to the mine.
</P>
<P>(c) <I>Order to show cause.</I> (1) If the Director determines that a pattern of violations of any requirements of the Act, the regulations, or a permit condition imposed under the Act or regulations exists, or has existed, and that such violations are caused by the unwarranted failure of the permittee or were willful violations, the Director shall issue an order to the permittee to show cause why the permit should not be suspended or revoked.
</P>
<P>(2) The Director may determine that a pattern of violations exists or has existed, after considering the circumstances, including—
</P>
<P>(i) The number of willful violations or violations caused by unwarranted failure to comply with the same or related requirements of the Act, regulations, or permit conditions during two or more Federal inspections;
</P>
<P>(ii) The number of willful violations or violations caused by unwarranted failure to comply with different requirements of the Act, regulations, or permit conditions; and
</P>
<P>(iii) The extent to which the violations were isolated departures from lawful conduct.
</P>
<P>(3) Violations of the same or related requirements of the Act, regulations, or permit conditions required by the Act during three or more Federal inspections within any 12-month period which were either caused by the unwarranted failure of the permittee to comply with the Act, the regulations or permit conditions required by the Act, or were willful violations, shall constitute a pattern of violations. A show cause order shall issue unless the Director finds that it would not further enforcement of the performance standards of the Act.
</P>
<P>(d) <I>Suspension or revocation of permit.</I> (1) The order to show cause shall be issued and a public hearing, if requested, shall be conducted under the procedures of 43 CFR part 4.
</P>
<P>(2) If the Secretary finds that a pattern of violations exists or has existed, the permit and right to mine under this Act shall be either suspended or revoked and the permittee directed to complete necessary corrective measures and reclamation operations.
</P>
<P>(e) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the Director shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this section, and shall issue an order to show cause as appropriate pursuant to 30 CFR 723.15(b)(2).
</P>
<CITA TYPE="N">[42 FR 62701, Dec. 13, 1977 and 46 FR 58783, Sept. 4, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 722.17" NODE="30:3.0.1.2.12.0.1.8" TYPE="SECTION">
<HEAD>§ 722.17   Inability to comply.</HEAD>
<P>(a) Neither a notice of violation nor a cessation order issued under this part may be vacated because of inability to comply.
</P>
<P>(b) A permittee may not be deemed to have shown good cause for not suspending or revoking a permit by showing inability to comply.
</P>
<P>(c) Unless caused by lack of diligence, inability to comply may be considered in mitigation of the amount of a civil penalty under part 723 of this chapter and of the duration of the suspension of the permit under § 722.16 of this part. 


</P>
</DIV8>

</DIV5>


<DIV5 N="723" NODE="30:3.0.1.2.13" TYPE="PART">
<HEAD>PART 723—CIVIL PENALTIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>28 U.S.C. 2461, 30 U.S.C. 1201 <I>et seq.,</I> and 31 U.S.C. 3701.


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>45 FR 58783, Sept. 4, 1980, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 723.1" NODE="30:3.0.1.2.13.0.1.1" TYPE="SECTION">
<HEAD>§ 723.1   Scope.</HEAD>
<P>This part covers the assessment of civil penalties under section 518 of the Act for violations of a permit condition, any provision of Title V of the Act, or any implementing regulations, except for the assessment of individual civil penalties under section 518(f), which is covered by part 724. This part governs when a civil penalty is assessed and how the amount is determined, and sets forth applicable procedures. This part applies to cessation orders and notices of violation issued under part 722 of this chapter during a Federal inspection. 
</P>
<CITA TYPE="N">[53 FR 3674, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 723.2" NODE="30:3.0.1.2.13.0.1.2" TYPE="SECTION">
<HEAD>§ 723.2   Objective.</HEAD>
<P>Civil penalties are assessed under section 518 of the Act and this part to deter violations and to ensure maximum compliance with the terms and purpose of the Act on the part of the coal mining industry. 


</P>
</DIV8>


<DIV8 N="§ 723.11" NODE="30:3.0.1.2.13.0.1.3" TYPE="SECTION">
<HEAD>§ 723.11   How assessments are made.</HEAD>
<P>The Office shall review each notice of violation and cessation order in accordance with the assessment procedures described in §§ 723.12, 723.13, 723.14, 723.15, and 723.16 to determine whether a civil penalty will be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed. 


</P>
</DIV8>


<DIV8 N="§ 723.12" NODE="30:3.0.1.2.13.0.1.4" TYPE="SECTION">
<HEAD>§ 723.12   When penalty will be assessed.</HEAD>
<P>(a) The Office shall assess a penalty for each cessation order. 
</P>
<P>(b) The Office shall assess a penalty for each notice of violation, if the violation is assigned 31 points or more under the point system described in § 723.13. 
</P>
<P>(c) The Office may assess a penalty for each notice of violation assigned 30 points or less under the point system described in § 723.13. In determining whether to assess a penalty, the Office shall consider the factors listed in § 723.13(b). 


</P>
</DIV8>


<DIV8 N="§ 723.13" NODE="30:3.0.1.2.13.0.1.5" TYPE="SECTION">
<HEAD>§ 723.13   Point system for penalties.</HEAD>
<P>(a) The Office shall use the point system described in this section to determine the amount of the penalty and, in the case of notices of violation, whether a mandatory penalty should be assessed as provided in § 723.12(b). 
</P>
<P>(b) Points shall be assigned as follows: 
</P>
<P>(1) <I>History of previous violations.</I> The Office shall assign up to 30 points based on the history of previous violations. One point shall be assigned for each past violation contained in a notice of violations. Five points shall be assigned for each violation (but not a condition or practice) contained in a cessation order. The history of previous violations for the purpose of assigning points, shall be determined and the points assigned with respect to a particular surface coal mining operation. Points shall be assigned as follows: 
</P>
<P>(i) A violation shall not be counted if the notice or order is the subject of pending administrative or judicial review or if the time to request such review or to appeal any administrative or judicial decision has not expired, and thereafter it shall be counted for only one year. 
</P>
<P>(ii) No violation for which the notice or order has been vacated shall be counted; and 
</P>
<P>(iii) Each violation shall be counted without regard to whether it led to a civil penalty assessment. 
</P>
<P>(2) <I>Seriousness.</I> The Office shall assign up to 30 points based on the seriousness of the violation, as follows: 
</P>
<P>(i) <I>Probability of occurrence.</I> The Office shall assign up to 15 points based on the probability of the occurrence of the event which a violated standard is designed to prevent. Points shall be assessed according to the following schedule: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Probability of Occurrence
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col"> 
</TH><TH class="gpotbl_colhed" scope="col">Points
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">None</TD><TD align="right" class="gpotbl_cell">0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Insignificant</TD><TD align="right" class="gpotbl_cell">1-4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Unlikely</TD><TD align="right" class="gpotbl_cell">5-9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Likely</TD><TD align="right" class="gpotbl_cell">10-14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Occurred</TD><TD align="right" class="gpotbl_cell">15</TD></TR></TABLE></DIV></DIV>
<P>(ii) <I>Extent of potential or actual damage.</I> The Office shall assign up to 15 points, based on the extent of the potential or actual damage, in terms of area and impact on the public or environment, as follows: 
</P>
<P>(A) If the damage or impact which the violated standard is designed to prevent would remain within the permit area, the Office shall assign zero to seven points, depending on the duration and extent of the damage or impact. 
</P>
<P>(B) If the damage or impact which the violated standard is designed to prevent would extend outside the permit area, the Office shall assign eight to fifteen points, depending on the duration and extent of the damage or impact. 
</P>
<P>(iii) <I>Alternative.</I> In the case of a violation of an administrative requirement, such as a requirement to keep records, the Office shall, in lieu of paragraphs (i) and (ii), assign up to 15 points for seriousness, based upon the extent to which enforcement is obstructed by the violation. 
</P>
<P>(3) <I>Negligence.</I> (i) The Office shall assign up to 25 points based on the degree of fault of the person to whom the notice or order was issued in causing or failing to correct the violation, condition, or practice which led to the notice or order, either through act or omission. Points shall be assessed as follows: 
</P>
<P>(A) A violation which occurs through no negligence shall be assigned no penalty points for negligence; 
</P>
<P>(B) A violation which is caused by negligence shall be assigned 12 points or less, depending on the degree of negligence; 
</P>
<P>(C) A violation which occurs through a greater degree of fault than negligence shall be assigned 13 to 25 points, depending on the degree of fault. 
</P>
<P>(ii) In determining the degree of negligence involved in a violation and the number of points to be assigned, the following definitions apply: 
</P>
<P>(A) <I>No negligence</I> means an inadvertent violation which was unavoidable by the exercise of reasonable care. 
</P>
<P>(B) <I>Negligence</I> means the failure of a permittee to prevent the occurrence of any violation of his or her permit or any requirement of the Act or this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the Act due to indifference, lack of diligence, or lack of reasonable care. 
</P>
<P>(C) <I>A greater degree of fault than negligence</I> means reckless, knowing, or intentional conduct. 
</P>
<P>(iii) In calculating points to be assigned for negligence, the acts of all persons working on the surface coal mining and reclamation site shall be attributed to the person to whom the notice or order was issued, unless than person establishes that they were acts of deliberate sabotage. 
</P>
<P>(4) <I>Good faith in attempting to achieve compliance.</I> (i) The Office shall add points based on the degree of good faith of the person to whom the notice or order was issued in attempting to achieve rapid compliance after notification of the violation. Points shall be assigned as follows: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Degree of Good Faith
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col"> 
</TH><TH class="gpotbl_colhed" scope="col">Points
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Rapid compliance</TD><TD align="right" class="gpotbl_cell">−1 to −10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Normal compliance</TD><TD align="right" class="gpotbl_cell">0</TD></TR></TABLE></DIV></DIV>
<P>(ii) The following definitions shall apply under paragraph (b)(4)(i) of this section: 
</P>
<P>(A) <I>Rapid compliance</I> means that the person to whom the notice or order was issued took extraordinary measures to abate the violation in the shortest possible time and that abatement was achieved before the time set for abatement. 
</P>
<P>(B) <I>Normal compliance</I> means the person to whom the notice or order was issued abated the violation within the time given for abatement. 
</P>
<P>(iii) If the consideration of this criterion is impractical because of the length of the abatement period, the assessment may be made without considering this criterion and may be reassessed after the violation has been abated. 


</P>
</DIV8>


<DIV8 N="§ 723.14" NODE="30:3.0.1.2.13.0.1.6" TYPE="SECTION">
<HEAD>§ 723.14   Determination of amount of penalty.</HEAD>
<P>The Office shall determine the amount of any civil penalty by converting the total number of points assigned under 30 CFR 723.13 to a dollar amount, according to the following schedule:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1 to § 723.14
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Points
</TH><TH class="gpotbl_colhed" scope="col">Dollars
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">84
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">168
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">252
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">335
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5</TD><TD align="right" class="gpotbl_cell">421
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">504
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7</TD><TD align="right" class="gpotbl_cell">588
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8</TD><TD align="right" class="gpotbl_cell">668
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">9</TD><TD align="right" class="gpotbl_cell">755
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10</TD><TD align="right" class="gpotbl_cell">840
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">11</TD><TD align="right" class="gpotbl_cell">922
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12</TD><TD align="right" class="gpotbl_cell">1,008
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">13</TD><TD align="right" class="gpotbl_cell">1,089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">14</TD><TD align="right" class="gpotbl_cell">1,175
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">15</TD><TD align="right" class="gpotbl_cell">1,262
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">16</TD><TD align="right" class="gpotbl_cell">1,343
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">17</TD><TD align="right" class="gpotbl_cell">1,427
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18</TD><TD align="right" class="gpotbl_cell">1,513
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">19</TD><TD align="right" class="gpotbl_cell">1,595
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">20</TD><TD align="right" class="gpotbl_cell">1,679
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">21</TD><TD align="right" class="gpotbl_cell">1,765
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">22</TD><TD align="right" class="gpotbl_cell">1,848
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23</TD><TD align="right" class="gpotbl_cell">1,931
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">24</TD><TD align="right" class="gpotbl_cell">2,014
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">25</TD><TD align="right" class="gpotbl_cell">2,098
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">26</TD><TD align="right" class="gpotbl_cell">2,519
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">27</TD><TD align="right" class="gpotbl_cell">2,938
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28</TD><TD align="right" class="gpotbl_cell">3,356
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">29</TD><TD align="right" class="gpotbl_cell">3,619
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">30</TD><TD align="right" class="gpotbl_cell">4,197
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">31</TD><TD align="right" class="gpotbl_cell">4,616
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">32</TD><TD align="right" class="gpotbl_cell">5,038
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">33</TD><TD align="right" class="gpotbl_cell">5,457
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">34</TD><TD align="right" class="gpotbl_cell">5,878
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">35</TD><TD align="right" class="gpotbl_cell">6,296
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36</TD><TD align="right" class="gpotbl_cell">6,717
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">37</TD><TD align="right" class="gpotbl_cell">7,137
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">38</TD><TD align="right" class="gpotbl_cell">7,556
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">39</TD><TD align="right" class="gpotbl_cell">7,975
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40</TD><TD align="right" class="gpotbl_cell">8,395
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">41</TD><TD align="right" class="gpotbl_cell">8,817
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">42</TD><TD align="right" class="gpotbl_cell">9,236
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">43</TD><TD align="right" class="gpotbl_cell">9,652
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">44</TD><TD align="right" class="gpotbl_cell">10,074
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">45</TD><TD align="right" class="gpotbl_cell">10,494
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46</TD><TD align="right" class="gpotbl_cell">10,914
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47</TD><TD align="right" class="gpotbl_cell">11,333
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">48</TD><TD align="right" class="gpotbl_cell">11,755
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49</TD><TD align="right" class="gpotbl_cell">12,172
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50</TD><TD align="right" class="gpotbl_cell">12,592
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">51</TD><TD align="right" class="gpotbl_cell">13,010
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">52</TD><TD align="right" class="gpotbl_cell">13,433
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">53</TD><TD align="right" class="gpotbl_cell">13,853
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">54</TD><TD align="right" class="gpotbl_cell">14,273
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">55</TD><TD align="right" class="gpotbl_cell">14,694
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56</TD><TD align="right" class="gpotbl_cell">15,113
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57</TD><TD align="right" class="gpotbl_cell">15,530
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">58</TD><TD align="right" class="gpotbl_cell">15,950
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">59</TD><TD align="right" class="gpotbl_cell">16,372
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">60</TD><TD align="right" class="gpotbl_cell">16,790
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">61</TD><TD align="right" class="gpotbl_cell">17,210
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62</TD><TD align="right" class="gpotbl_cell">17,629
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">63</TD><TD align="right" class="gpotbl_cell">18,050
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">64</TD><TD align="right" class="gpotbl_cell">18,470
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">65</TD><TD align="right" class="gpotbl_cell">18,888
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">66</TD><TD align="right" class="gpotbl_cell">19,310
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">67</TD><TD align="right" class="gpotbl_cell">19,730
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">68</TD><TD align="right" class="gpotbl_cell">20,147
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">69</TD><TD align="right" class="gpotbl_cell">20,568
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70</TD><TD align="right" class="gpotbl_cell">20,988</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[45 FR 58783, Sept. 4, 1980, as amended at 62 FR 63276, Nov. 28, 1997; 66 FR 58646, Nov. 21, 2001; 70 FR 70700, Nov. 22, 2005; 74 FR 34492, July 15, 2009; 79 FR 18447, Apr. 2, 2014; 81 FR 44540, July 8, 2016; 82 FR 9353, Feb. 6, 2017; 83 FR 10615, Mar. 12, 2018; 84 FR 10675, Mar. 22, 2019; 85 FR 20835, Apr. 15, 2020; 86 FR 29514, June 2, 2021; 87 FR 15885, Mar. 21, 2022; 88 FR 24335, Apr. 20, 2023; 89 FR 23910, Apr. 5, 2024; 90 FR 23441, June 3, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 723.15" NODE="30:3.0.1.2.13.0.1.7" TYPE="SECTION">
<HEAD>§ 723.15   Assessment of separate violations for each day.</HEAD>
<P>(a) The Office may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the Office shall consider the factors listed in 30 CFR 723.13 and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply. For any violation which continues for two or more days and which is assigned more than 70 points under 30 CFR 723.13(b), the Office shall assess a civil penalty for a minimum of two separate days. 
</P>
<P>(b) In addition to the civil penalty provided for in paragraph (a) of this section, whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order or as subsequently extended pursuant to section 521(a) of the Act, 30 U.S.C. 1271(a), a civil penalty of not less than $3,148 will be assessed for each day during which such failure to abate continues, except that:
</P>
<P>(1)(i) If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under section 525(c) of the Act, after a determination that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the Office of Hearing and Appeals issues a final order with respect to the violation in question; and 
</P>
<P>(ii) If the person to whom the notice or order was issued initiates review proceedings under section 526 of the Act with respect to the violation, in which the obligations to abate are suspended by the court pursuant to section 526(c) of the Act, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court. 
</P>
<P>(2) Such penalty for the failure to abate a violation shall not be assessed for more than 30 days for such violation. If the permittee has not abated the violation within the 30-day period, the Office shall take appropriate action pursuant to sections 518(e), 518(f), 521(a)(4) or 521(c) of the Act within 30 days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate. 
</P>
<CITA TYPE="N">[45 FR 58783, Sept. 4, 1980, as amended at 62 FR 63276, Nov. 28, 1997; 66 FR 58647, Nov. 21, 2001; 70 FR 70700, Nov. 22, 2005; 81 FR 44540, July 8, 2016; 82 FR 9354, Feb. 6, 2017; 83 FR 10616, Mar. 12, 2018; 84 FR 10675, Mar. 22, 2019; 85 FR 20835, Apr. 15, 2020; 86 FR 29514, June 2, 2021; 87 FR 15886, Mar. 21, 2022; 88 FR 24336, Apr. 20, 2023; 89 FR 23911, Apr. 5, 2024; 90 FR 23442, June 3, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 723.16" NODE="30:3.0.1.2.13.0.1.8" TYPE="SECTION">
<HEAD>§ 723.16   Waiver of use of formula to determine civil penalty.</HEAD>
<P>(a) The Director, upon his own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of formula contained in 30 CFR 723.13 to set the civil penalty, if he or she determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the Director shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, this chapter, any applicable program, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case. 
</P>
<P>(b) If the Director waives the use of the formula, he or she shall use the criteria set forth in 30 CFR 723.13(b) to determine the appropriate penalty. When the Director has elected to waive the use of the formula, he or she shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued. 


</P>
</DIV8>


<DIV8 N="§ 723.17" NODE="30:3.0.1.2.13.0.1.9" TYPE="SECTION">
<HEAD>§ 723.17   Procedures for assessment of civil penalties.</HEAD>
<P>(a) Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the Office and to the inspector who issued the notice of violation or cessation order. The Office shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty. 
</P>
<P>(b) The Office shall serve a copy of the proposed assessment and of the work sheet showing the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, or by any alternative means consistent with the rules governing service of a summons and complaint under Rule 4 of the Federal Rules of Civil Procedure, within 30 days of the issuance of the notice or order. If a copy of the proposed assessment and work sheet or the certified mail is tendered at the address of that person set forth in the sign required under 30 CFR 715.12(b) or at any address at which that person is in fact located, and he or she refuses to accept delivery or to collect such documents, the requirements of this paragraph shall be deemed to have been complied with upon such tender.
</P>
<P>(c) Unless a conference has been requested, the Office shall review and reassess any penalty if necessary to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The Office shall serve a copy of any such reassessment and of the worksheet showing the computation of the reassessment in the manner provided in paragraph (b) of this section, within 30 days after the date the violation is abated. 
</P>
<CITA TYPE="N">[45 FR 58783, Sept. 4, 1980, as amended at 56 FR 28445, June 20, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 723.18" NODE="30:3.0.1.2.13.0.1.10" TYPE="SECTION">
<HEAD>§ 723.18   Procedures for assessment conference.</HEAD>
<P>(a) The Office shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the person to whom the notice or order was issued, if the request is received within 30 days from the date the proposed assessment or reassessment is received. 
</P>
<P>(b)(1) The Office shall assign a conference officer to hold the assessment conference. The assessment conference shall not be governed by section 554 of title 5 of the United States Code, regarding requirements for formal adjudicatory hearings. The assessment conference shall be held within 60 days from the date the conference request is received or the end of the abatement period, whichever is later. 
</P>
<P>(2) The Office shall post notice of the time and place of the conference at the regional, district or field office closest to the mine at least 5 days before the conference. Any person shall have a right to attend and participate in the conference. 
</P>
<P>(3) The conference officer shall consider all relevant information on the violation. Within 30 days after the conference is held, the conference officer shall either: 
</P>
<P>(i) Settle the issues, in which case a settlement agreement shall be prepared and signed by the conference officer on behalf of the Office and by the person assessed; or
</P>
<P>(ii) Affirm, raise, lower, or vacate the penalty.
</P>
<P>(4) An increase or reduction of a proposed civil penalty assessment of more than 25 percent and more than $500 shall not be final and binding on the Secretary, until approved by the Director or his designee.
</P>
<P>(c) The conference officer shall promptly serve the person assessed with a notice of his or her action in the manner provided in 30 CFR 723.17(b) and shall include a worksheet if the penalty has been raised or lowered. The reasons for the conference officer's action shall be fully documented in the file.
</P>
<P>(d)(1) If a settlement agreement is entered into, the person assessed will be deemed to have waived all rights to further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a clause to this effect.
</P>
<P>(2) If full payment of the amount specified in the settlement agreement is not received by the Office within 30 days after the date of signing, the Office may enforce the agreement or rescind it and proceed according to paragraph (b)(3)(ii) of this section within 30 days from the date of the rescission.
</P>
<P>(e) The conference officer may terminate the conference when he determines that the issues cannot be resolved or that the person assessed is not diligently working toward resolution of the issues.
</P>
<CITA TYPE="N">[45 FR 58783, Sept. 4, 1980, as amended at 53 FR 3674, Feb. 8, 1988; 56 FR 10063, Mar. 8, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 723.19" NODE="30:3.0.1.2.13.0.1.11" TYPE="SECTION">
<HEAD>§ 723.19   Request for hearing.</HEAD>
<P>(a) The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition and an amount equal to the proposed penalty or, if a conference has been held, the reassessed or affirmed penalty to the Office of Hearings and Appeals (to be held in escrow as provided in paragraph (b) of this section) within 30 days from receipt of the proposed assessment or reassessment or 30 days from the date of service of the conference officer's action, whichever is later. The fact of the violation may not be contested, if it has been decided in a review proceeding commenced under section 525 of the Act and 43 CFR part 4. 
</P>
<P>(b) The Office of Hearings and Appeals shall transfer all funds submitted under paragraph (a) of this section to the Office, which shall hold them in escrow pending completion of the administrative and judicial review process, at which time it shall disburse them as provided in 30 CFR 723.20.
</P>
<CITA TYPE="N">[45 FR 58783, Sept. 4, 1980, as amended at 56 FR 10063, Mar. 8, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 723.20" NODE="30:3.0.1.2.13.0.1.12" TYPE="SECTION">
<HEAD>§ 723.20   Final assessment and payment of penalty.</HEAD>
<P>(a) If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in 30 CFR 723.19, the proposed assessment shall become a final order of the Secretary and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing. 
</P>
<P>(b) If any party requests judicial review of a final order of the Secretary, the proposed penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to paragraph (c) of this section, the escrowed funds shall be transferred to the Office in payment of the penalty, and the escrow shall end. 
</P>
<P>(c) If the final decision in the administrative and judicial review results in an order or eliminating the proposed penalty assessed under this part, the Office shall within 30 days of receipt of the order refund to the person assessed all or part of the escrowed account, with interest from the date of payment into escrow to the date of the refund at the rate of 6 percent or at the prevailing Department of the Treasury rate, whichever is greater. 
</P>
<P>(d) If the review results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the difference to the Office within 15 days after the order is mailed to such person. 


</P>
</DIV8>

</DIV5>


<DIV5 N="724" NODE="30:3.0.1.2.14" TYPE="PART">
<HEAD>PART 724—INDIVIDUAL CIVIL PENALTIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>28 U.S.C. 2461, 30 U.S.C. 1201 <I>et seq.,</I> and 31 U.S.C. 3701.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 3674, Feb. 8, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 724.1" NODE="30:3.0.1.2.14.0.1.1" TYPE="SECTION">
<HEAD>§ 724.1   Scope.</HEAD>
<P>This part covers the assessment of individual civil penalties under section 518(f) of the Act. 


</P>
</DIV8>


<DIV8 N="§ 724.12" NODE="30:3.0.1.2.14.0.1.2" TYPE="SECTION">
<HEAD>§ 724.12   When an individual civil penalty may be assessed.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, the Office may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal. 
</P>
<P>(b) The Office shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the Office to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days. 


</P>
</DIV8>


<DIV8 N="§ 724.14" NODE="30:3.0.1.2.14.0.1.3" TYPE="SECTION">
<HEAD>§ 724.14   Amount of individual civil penalty.</HEAD>
<P>(a) In determining the amount of an individual civil penalty assessed under § 724.12, the Office shall consider the criteria specified in § 518(a) of the Act, including: 
</P>
<P>(1) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operation; 
</P>
<P>(2) The seriousness of the violation, failure or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and 
</P>
<P>(3) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal. 
</P>
<P>(b) The penalty will not exceed $20,988 for each violation.  Each day of a continuing violation may be deemed a separate violation and the Office may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the Secretary, until abatement or compliance is achieved. 
</P>
<CITA TYPE="N">[53 FR 3674, Feb. 8, 1988, as amended at 62 FR 63276, Nov. 28, 1997; 70 FR 70701, Nov. 22, 2005; 74 FR 34493, July 15, 2009; 79 FR 18447, Apr. 2, 2014; 81 FR 44541, July 8, 2016; 82 FR 9354, Feb. 6, 2017; 83 FR 10616, Mar. 12, 2018; 84 FR 10676, Mar. 22, 2019; 85 FR 20835, Apr. 15, 2020; 86 FR 29514, June 2, 2021; 87 FR 15886, Mar. 21, 2022; 88 FR 24336, Apr. 20, 2023; 89 FR 23911, Apr. 5, 2024; 90 FR 23442, June 3, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 724.17" NODE="30:3.0.1.2.14.0.1.4" TYPE="SECTION">
<HEAD>§ 724.17   Procedure for assessment of individual civil penalty.</HEAD>
<P>(a) <I>Notice.</I> The Office shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order. 
</P>
<P>(b) <I>Final order and opportunity for review.</I> The notice of proposed individual civil penalty assessment shall become a final order of the Secretary 30 days after service upon the individual unless: 
</P>
<P>(1) The individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review with the Hearings Division, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Arlington, Virginia 22203 (Phone: 703-235-3800), in accordance with 43 CFR 4.1300 <I>et seq.;</I> or 
</P>
<P>(2) The Office and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal. 
</P>
<P>(c) <I>Service.</I> For purposes of this section, service shall be performed on the individual to be assessed an individual civil penalty, by certified mail, or by any alternative means consistent with the rules governing service of a summons and complaint under rule 4 of the Federal Rules of Civil Procedure. Service shall be complete upon tender of the notice of proposed assessment and included information or of the certified mail and shall not be deemed incomplete because of refusal to accept.
</P>
<CITA TYPE="N">[53 FR 3674, Feb. 8, 1988, as amended at 56 FR 28445, June 20, 1991; 67 FR 5204, Feb. 5, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 724.18" NODE="30:3.0.1.2.14.0.1.5" TYPE="SECTION">
<HEAD>§ 724.18   Payment of penalty.</HEAD>
<P>(a) <I>No abatement or appeal.</I> If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order. 
</P>
<P>(b) <I>Appeal.</I> If an individual named in a notice of proposed individual civil penalty assessment files a petition for review in accordance with 43 CFR 4.1300 <I>et seq.,</I> the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty. 
</P>
<P>(c) <I>Abatement agreement.</I> Where the Office and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the Office stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn. 
</P>
<P>(d) <I>Delinquent payment.</I> Following the expiration of 30 days after the issuance of a final order assessing an individual civil penalty, any delinquent penalty shall be subject to interest at the rate established by the U.S. Department of the Treasury for late charges on late payments to the Federal Government. The Treasury current value of funds rate is published by the Fiscal Service in the notices section of the <E T="04">Federal Register</E> and on Treasury's Web site. Interest on unpaid penalties will run from the date payment first was due until the date of payment. Failure to pay overdue penalties may result in one or more of the actions specified in § 870.23(a) through (f) of this chapter. Delinquent penalties are subject to late payment penalties specified in § 870.21(c) of this chapter and processing and handling charges specified in § 870.21(d) of this chapter. 
</P>
<CITA TYPE="N">[53 FR 3674, Feb. 8, 1988, as amended at 73 FR 67630, Nov. 14, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="725" NODE="30:3.0.1.2.15" TYPE="PART">
<HEAD>PART 725—REIMBURSEMENTS TO STATES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 201, 501, and 502, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62704, Dec. 13, 1977, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 725.1" NODE="30:3.0.1.2.15.0.1.1" TYPE="SECTION">
<HEAD>§ 725.1   Scope.</HEAD>
<P>This part sets forth policies and procedures for reimbursements to States for costs of enforcing the initial performance standards set forth in this chapter.


</P>
</DIV8>


<DIV8 N="§ 725.2" NODE="30:3.0.1.2.15.0.1.2" TYPE="SECTION">
<HEAD>§ 725.2   Objectives.</HEAD>
<P>The objectives of assistance under this part are:
</P>
<P>(a) To assist the States in meeting the increased costs of administering the initial performance standards.
</P>
<P>(b) To encourage the States to build strong reclamation and enforcement programs.


</P>
</DIV8>


<DIV8 N="§ 725.3" NODE="30:3.0.1.2.15.0.1.3" TYPE="SECTION">
<HEAD>§ 725.3   Authority.</HEAD>
<P>Section 502(e)(4) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) authorizes the Secretary to reimburse States for costs of enforcing the performance standards of the initial regulatory program.


</P>
</DIV8>


<DIV8 N="§ 725.4" NODE="30:3.0.1.2.15.0.1.4" TYPE="SECTION">
<HEAD>§ 725.4   Responsibility.</HEAD>
<P>(a) The Director shall administer the grant program for reimbursement to States for costs of enforcing performance standards during the initial regulatory program.
</P>
<P>(b) The Director or his authorized designee shall receive, review and approve grant applications under this part.
</P>
<CITA TYPE="N">[42 FR 62704, Dec. 13, 1977, as amended at 47 FR 38490, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 725.5" NODE="30:3.0.1.2.15.0.1.5" TYPE="SECTION">
<HEAD>§ 725.5   Definitions.</HEAD>
<P>As used in this part, the following terms have the specified meanings:
</P>
<P><I>Agency</I> means the State agency designated by the Governor to receive and administer grants under this part.
</P>
<P><I>Base program</I> means the State program to regulate surface coal mining prior to August 3, 1977.


</P>
</DIV8>


<DIV8 N="§ 725.10" NODE="30:3.0.1.2.15.0.1.6" TYPE="SECTION">
<HEAD>§ 725.10   Information collection.</HEAD>
<P>The information collection requirements contained in 30 CFR 725.15, 725.23(a) and 725.24 have fewer than 10 respondents per year, they are exempt from the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 <I>et seq.</I>) and do not require clearance by OMB.
</P>
<CITA TYPE="N">[47 FR 38490, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 725.11" NODE="30:3.0.1.2.15.0.1.7" TYPE="SECTION">
<HEAD>§ 725.11   Eligibility.</HEAD>
<P>(a) <I>Assumption of responsibility.</I> To be eligible for a grant for reimbursements for the cost of enforcing performance standards during the initial regulatory program the State shall assume responsibility for enforcement of the initial regulatory program including the specific responsibilities identified under § 710.4(b) and part 720 of this chapter.
</P>
<P>(b) <I>Designation of State agency.</I> In order to receive a grant for reimbursements for costs of enforcing performance standards during the initial regulatory program, the Governor of a State shall designate in writing one agency to submit grant applications, receive and administer grants under this part.
</P>
<P>(c) <I>Periods covered by reimbursement grants.</I> An agency may apply for a reimbursement grant for any period during the initial regulatory program and for a reasonable start-up period beginning no later than August 3, 1977.


</P>
</DIV8>


<DIV8 N="§ 725.12" NODE="30:3.0.1.2.15.0.1.8" TYPE="SECTION">
<HEAD>§ 725.12   Coverage of grants.</HEAD>
<P>An agency may use grant money under this part to cover costs in excess of the base program for administering and enforcing the initial regulatory program. The Director or his authorized designee shall determine the base program from the State fiscal year budget in effect on August 3, 1977. Costs of the following items are eligible for reimbursement—
</P>
<P>(a) Incorporation of the initial performance standards of this chapter in new permits issued by the State.
</P>
<P>(b) Modification of existing permits to include the initial performance standards of this chapter.
</P>
<P>(c) Additional inspections required to enforce the initial performance standards of this chapter.
</P>
<P>(d) Inspections which are more detailed than inspections before the initial regulatory program.
</P>
<P>(e) Responses to complaints related to the initial performance standards of this chapter.
</P>
<P>(f) Enforcement actions required to secure compliance with the initial performance standards of this chapter.
</P>
<P>(g) Additional administrative activities and supporting costs related to hiring additional inspectors and other personnel, revising permits, conducting inspections, preparing, copying and submitting reports required by part 720, and submitting applications for reimbursement grants under this part.
</P>
<P>(h) Additional equipment required for inspection or support of inspections, as follows:
</P>
<P>(1) An agency may charge any required item of equipment to the grant on a use bases in accordance with the principles set forth in Federal Management Circular 74-4, “Cost principles applicable to grants and contracts with State and local governments” (34 CFR part 255).
</P>
<P>(2) An agency may purchase equipment, with grant funds where cost recovery through use charges is prohibited, made impractical or more costly than purchase by existing State laws or procedures. 
</P>
<CITA TYPE="N">[42 FR 62704, Dec. 13, 1977, as amended at 45 FR 34880, May 23, 1980] 


</CITA>
</DIV8>


<DIV8 N="§ 725.13" NODE="30:3.0.1.2.15.0.1.9" TYPE="SECTION">
<HEAD>§ 725.13   Amount of grants.</HEAD>
<P>The Office shall pay up to 100 percent of the costs to the agency in excess of the base program for administering and enforcing the performance standards during the initial regulatory program.


</P>
</DIV8>


<DIV8 N="§ 725.14" NODE="30:3.0.1.2.15.0.1.10" TYPE="SECTION">
<HEAD>§ 725.14   Grant periods.</HEAD>
<P>The Director or his authorized designee shall normally approve a grant for a period of one year or less. OSM shall fund a program that extends over more than one year by consecutive annual grants or amendments to the existing grant.
</P>
<CITA TYPE="N">[47 FR 38490, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 725.15" NODE="30:3.0.1.2.15.0.1.11" TYPE="SECTION">
<HEAD>§ 725.15   Grant application procedures.</HEAD>
<P>(a) The agency may submit its application (three copies) for a grant to the Director or his authorized designee at least sixty days prior to the beginning of the intended grant period, or as soon thereafter as possible.
</P>
<P>(b) The agency shall use the application forms and procedures applicable to non-construction and/or construction programs specified by OSM in accordance with Office of Management and Budget Circular No. A-102, “Uniform administrative requirements for grants-in-aid to State and local governments” (42 FR 45828). No preapplication is required. Each application must include the following:
</P>
<P>(1) Part I, Application Form coversheet, SF 424. 
</P>
<P>(2) Part II, Project Approval Information. 
</P>
<P>(i) For non-construction grants use Form OSM-50A, Project Approval Information—Section A. 
</P>
<P>(ii) For construction grants use Form OSM-50A, Project Approval Information—Section A and Form OSM-50B, Project Approval Information—Section B. 
</P>
<P>(3) Part III, Budget Information. 
</P>
<P>(i) For non-construction grants use Form OSM-47, Budget Information Report, with a narrative explanation of computations. 
</P>
<P>(ii) For construction grants use Form OSM-48, Budget Information—Construction with a narrative explanation of computations. 
</P>
<P>(4) Part IV, Program Narrative Statement, Form OSM-51, providing the narrative for the goals to be achieved for both construction and non-construction grants. 
</P>
<P>(i) Form OSM-51 is supplemented by completion of column 5A of Forms OSM-51A and OSM-51B which reports the quantitative program management information of the Interim Regulatory grants. 
</P>
<P>(ii) Form OSM-51 is supplemented by completion of Column 5A of Form OSM-51C which reports the quantitative program management information of the Small Operator Program Administration and Operational grants. 
</P>
<P>(5) Part V, The standard assurance for non-construction activities or construction activities as specified in Office of Management and Budget Circular No. A-102, Attachment M. 
</P>
<P>(c) The agency shall include sufficient information to enable the Director or his authorized designee to determine the agency's base program and increases over the base program eligible for reimbursement grants. The agency shall include the following information, plus any other relevant data:
</P>
<P>(1) A summary of the State permit, inspection and enforcement program prior to the addition of the requirements of the Act of 1977, including—
</P>
<P>(i) Permit requirements and the system for issuing permits;
</P>
<P>(ii) Mining-and-reclamation plan requirements;
</P>
<P>(iii) Coverage and frequency of inspections;
</P>
<P>(iv) Actions required to enforce mining and reclamation requirements;
</P>
<P>(v) The number and nature of responses to complaints; and
</P>
<P>(vi) Other regulatory activities and related administrative functions affected by the performance standards of the initial regulatory program of this chapter.
</P>
<P>(2) A statement of the number of employees and annual budget required to carry out functions described in paragraph (c)(1) of this section.
</P>
<P>(3) A copy of all State constitutional, statutory and regulatory provisions applicable to the enforcement and administration of the initial regulatory program.
</P>
<P>(4) An opinion of the State's chief legal officer as to whether and to what extent the State is authorized to enforce and administer the initial regulatory program.
</P>
<P>(5) A statement of the additional work required to enforce the initial regulatory program for each of the agency activities described in paragraph (c)(1) of this section.
</P>
<P>(6) The additional staff and funds required for the increased workload described in paragraph (c)(5) of this section.
</P>
<P>(7) The number and types of major equipment (equipment with a unit acquisition cost of $500 or more and having a life of more than two years) which the agency plans to purchase with grant funds. 
</P>
<P>(d) The Director or his authorized designee may waive the resubmission of information required by paragraphs (c) (1), (2), (3) and (4) of this section in applications for the following grants. 
</P>
<P>(e) The Director or his authorized designee shall notify the agency within thirty days after the receipt of a complete application, or as soon thereafter as possible, whether it is or is not approved. If the application is not approved, the Director or his authorized designee shall set forth in writing the reasons it is not approved, and may propose modifications if appropriate. The agency may resubmit the application within thirty days. The Director or his authorized designee shall process the revised application as an original application.
</P>
<CITA TYPE="N">[42 FR 62704, Dec. 13, 1977, as amended at 47 FR 38490, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 725.16" NODE="30:3.0.1.2.15.0.1.12" TYPE="SECTION">
<HEAD>§ 725.16   Grant agreement.</HEAD>
<P>(a) If a Director or his authorized designee approves an agency's grant application, the Director or his authorized designee shall prepare a grant agreement which includes—
</P>
<P>(1) The approved scope of the program to be covered by the grant, including functions to be accomplished by other agencies.
</P>
<P>(2) The base program budget and estimated costs in excess of the base program.
</P>
<P>(3) The amount of the grant.
</P>
<P>(4) Commencement and completion dates for the segment of the program covered by this grant and for major phases of the program to be completed during the grant period.
</P>
<P>(5) Permissible transfers of funds to other State agencies.
</P>
<P>(b) The Director or his authorized designee shall limit grants under this part to the additional costs to an agency for administering and enforcing the initial regulatory program.
</P>
<P>(c) The Director or his authorized designee may permit the agency to assign functions and funds to other State agencies. The Director or his authorized designee shall require the grantee agency to retain responsibility for overall administration of the grant, including use of funds, accomplishment of functions and reporting.
</P>
<P>(d) Except as may be provided by the grant agreement, costs may not be incurred prior to the execution of the agreement.
</P>
<P>(e) The Director or his authorized designee shall transmit four copies of the grant agreement, by certified mail, return receipt requested, to the agency for signature. The agency shall execute the grant agreement and return all copies within 3 calendar weeks after receipt, or within an extension of such time that may be granted by the Director or his authorized designee. 
</P>
<P>(f) The Director or his authorized designee shall sign the grant agreement upon its return from the agency and return one copy to the agency. The grant is effective and constitutes an obligation of Federal funds in the amount and for the purposes stated in the grant agreement at the time the Director or his authorized designee signs the agreement.
</P>
<P>(g) Neither the approval of a program nor the award of any grant will commit or obligate the United States to award any continuation grant or to enter into any grant amendment, including grant increases to cover cost overruns. 


</P>
</DIV8>


<DIV8 N="§ 725.17" NODE="30:3.0.1.2.15.0.1.13" TYPE="SECTION">
<HEAD>§ 725.17   Grant amendments.</HEAD>
<P>(a) A grant amendment is a written alteration to the grant amount, grant terms or conditions, budget or period, or other administrative, technical, or financial agreement whether accomplished on the initiative of the agency or the Director or his authorized designee or by mutual action of the agency and the Director or his authorized designee. 
</P>
<P>(b) The agency shall promptly notify the Director or his authorized designee in writing of events or proposed changes which require a grant amendment, such as:
</P>
<P>(1) Rebudgeting; 
</P>
<P>(2) Changes which may affect the approved scope or objective of a program; or 
</P>
<P>(3) Changes which may increase or substantially decrease the total cost of a program. 
</P>
<P>(c) The Director or his authorized designee shall approve or disapprove each proposed amendment within 30 days of receipt, or as soon thereafter as possible, and shall notify the agency in writing of the approval or disapproval of the amendment.
</P>
<P>(d) The date the Director or his authorized designee signs the grant amendment establishes the effective date of the action. If no time period is specified in the grant amendment then the amendment applies to the entire grant period.
</P>
<CITA TYPE="N">[42 FR 62704, Dec. 13, 1977, as amended at 47 FR 38490, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 725.18" NODE="30:3.0.1.2.15.0.1.14" TYPE="SECTION">
<HEAD>§ 725.18   Grant reduction and termination.</HEAD>
<P>(a) <I>Conditions for reduction or termination.</I> (1) If an agency fails to carry out its responsibilities pursuant to § 710.4(b) and part 720 of this chapter the Director or his authorized designee shall reduce or terminate the grant.
</P>
<P>(2) If an agency violates the terms of a grant agreement, the Director or his authorized designee may reduce or terminate the grant.
</P>
<P>(3) If an agency fails to enforce the initial performance standards of this chapter the Director or his authorized designee may reduce or terminate the grant.
</P>
<P>(4) If an agency is not in compliance with the following nondiscrimination provisions, the Director or his authorized designee shall terminate the grant— 
</P>
<P>(i) Title VI of the Civil Rights Act of 1964 (78 Stat. 252), Nondiscrimination in Federally Assisted Programs, which provides that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance, and the implementing regulations at 43 CFR 17. 
</P>
<P>(ii) Executive Order 11246, as amended by Executive Order 11375, Equal Employment Opportunity, requiring that employees or applicants for employment not be discriminated against because of race, creed, color, sex or national origin, and the implementing regulations at 41 CFR 60. 
</P>
<P>(iii) Section 504 of the Rehabilitation Act of 1973, as amended by Executive Order 11914, Nondiscrimination with Respect to the Handicapped in Federally Assisted Programs.
</P>
<P>(5) If an agency fails to enforce the financial interest provisions of part 705 of this chapter the Director shall terminate the grant. 
</P>
<P>(6) If an agency fails to submit reports required by this part or parts 705 and 720 of this chapter the Director shall reduce or terminate the grant. 
</P>
<P>(b) <I>Grant reduction and termination procedures.</I> (1) The Director or his authorized designee shall give at least 10 days written notice to the agency by certified mail, return receipt requested, of intent to reduce or terminate a grant. The Director or his authorized designee shall include in the notice the reasons for the proposed action and the proposed effective date of the action. 
</P>
<P>(2) The Director or his authorized designee shall afford the agency opportunity for consultation and remedial action prior to reducing or terminating a grant. 
</P>
<P>(3) The Director or his authorized designee shall notify the agency of the termination or reduction of the grant in writing by certified mail, return receipt requested. 
</P>
<P>(4) Upon termination the agency shall refund or credit to the United States that portion of the grant money paid or owed to the agency and allocated to the terminated portion of the grant. However any portion of the grant that is required to meet commitments made prior to the effective date of termination shall be retained by the agency. 
</P>
<P>(5) Upon termination, the agency shall reduce the amount of outstanding commitments insofar as possible and report to the Director or his authorized designee the uncommitted balance of funds awarded under the grant. 
</P>
<P>(6) Upon notification of intent to terminate, the agency shall not make any new commitments without the approval of the Director or his authorized designee.
</P>
<P>(7) The Director or his authorized designee may allow termination costs as determined by applicable Federal cost principles listed in Federal management Circular 74-4. 
</P>
<P>(c) <I>Appeals.</I> (1) An Agency may appeal the Director or his authorized designee's decision to reduce or terminate a grant to the Director within 30 days of the Director or his authorized designee's decision. 
</P>
<P>(2) An Agency shall include in an appeal:
</P>
<P>(i) The decision being appealed, and
</P>
<P>(ii) The facts which the Agency believes justify a reversal or modification of the decision. 
</P>
<P>(3) The Director shall act on appeals within 30 days of their receipt, or as soon thereafter as possible. 


</P>
</DIV8>


<DIV8 N="§ 725.19" NODE="30:3.0.1.2.15.0.1.15" TYPE="SECTION">
<HEAD>§ 725.19   Audit.</HEAD>
<P>The agency shall arrange for an independent audit no less frequently than once every two years, pursuant to the requirements of Office of Management and Budget Circular No. A-102, Attachment P. The audits will be performed in accordance with the “Standards for Audit of Governmental Organizations, Programs, Activities, and Functions” and the “Guidelines for Financial and Compliance Audits of Federally Assisted Programs” published by the Comptroller General of the United States and guidance provided by the cognizant Federal audit agency.
</P>
<CITA TYPE="N">[48 FR 38490, Aug. 31, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 725.20" NODE="30:3.0.1.2.15.0.1.16" TYPE="SECTION">
<HEAD>§ 725.20   Administrative procedures.</HEAD>
<P>The Agency shall follow administrative procedures governing accounting, payment property, and related requirements contained in Office of Management and Budget Circular No. A-102.


</P>
</DIV8>


<DIV8 N="§ 725.21" NODE="30:3.0.1.2.15.0.1.17" TYPE="SECTION">
<HEAD>§ 725.21   Allowable costs.</HEAD>
<P>(a) The Director or his authorized designee shall determine costs which may be reimbursed according to Office of Management and Budget Circular No. A-87.
</P>
<P>(b) Costs must be in conformity with any limitations conditions or exclusions set forth in the grant agreement or this part.
</P>
<P>(c) Costs must be allocated to the grant to the extent of benefit properly attributable to the period covered by the grant.
</P>
<P>(d) Costs must not be allocated to or included as a cost of any other federally assisted program.
</P>
<CITA TYPE="N">[42 FR 62704, Dec. 13, 1977, as amended at 47 FR 38490, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 725.22" NODE="30:3.0.1.2.15.0.1.18" TYPE="SECTION">
<HEAD>§ 725.22   Financial management.</HEAD>
<P>(a) The agency shall account for grant funds in accordance with the requirements of Office of Management and Budget Circular A-102. An agency shall use generally accepted accounting principles and practices, consistently applied. Accounting for grant funds must be accurate and current.
</P>
<P>(b) The agency shall adequately safeguard all funds, property, and other assets and shall assure that they are used solely for authorized purposes.
</P>
<P>(c) The agency shall provide a comparison of actual amounts spent with budgeted amounts for each grant.
</P>
<P>(d) When advances are made by a letter-of-credit method, the agency shall make drawdowns from the U.S. Treasury through its commercial bank as closely as possible to the time of making the disbursements.
</P>
<P>(e) The agency shall support accounting records by source documentation.
</P>
<P>(f) The agency shall design a systematic method to assure timely and appropriate resolution of audit findings and recommendations.


</P>
</DIV8>


<DIV8 N="§ 725.23" NODE="30:3.0.1.2.15.0.1.19" TYPE="SECTION">
<HEAD>§ 725.23   Reports.</HEAD>
<P>(a) The agency shall, for each grant made under this part, submit semiannually to the Director or his authorized designee a Financial Status Report, SF 269, for non-construction grant activities in accordance with Office of Management and Budget Circular No. A-102, Attachment H and OSM requirements. This report shall be accompanied by a Performance Report, Form OSM-51, comparing actual accomplishments to the goals established for the period, prepared according to Attachment I of OMB Circular No. A-102 and OSM requirements. The agency shall also submit semiannually a separate Outlay Report and Request for Reimbursement for Construction Programs, SF 271, and accompanying narrative performance report comparing actual accomplishments with planned goals on grant funded construction activities.
</P>
<P>(b) The Director or his authorized designee shall require through the grant agreement that semiannual reports also describe the relationship of financial information to performance and productivity data, including unit cost information. This quantitative information will be reported on Forms OSM-51A and OSM-51B or OSM-51C, Quantitative Program Management Information, as applicable.
</P>
<P>(c) The Director or his authorized designee shall require that when a grant is closed out in accordance with Attachment L to Office of Management and Budget Circular No. A-102 the following actions are taken:
</P>
<P>(1) The grantee shall account for any property acquired with grant funds or received from the Government in accordance with the provisions of Attachment N to Office of Management and Budget Circular No. A-102. This may be accomplished by the submission of the Report of Government Property, Form OSM-60.
</P>
<P>(2) The grantee shall submit a final financial report and thus release OSM from obligations under each grant or cooperative agreement that is being closed out.
</P>
<CITA TYPE="N">[47 FR 38491, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 725.24" NODE="30:3.0.1.2.15.0.1.20" TYPE="SECTION">
<HEAD>§ 725.24   Records.</HEAD>
<P>(a) The agency shall maintain complete records in accordance with Office of Management and Budget Circular No. A-102. This includes books, records, documents, maps, and other evidence and accounting procedures and practices, sufficient to reflect properly—
</P>
<P>(1) The amount, receipt, and disposition by the agency of all assistance received for the program.
</P>
<P>(2) The total costs of the program, including all direct and indirect costs of whatever nature incurred for the performance of the program for which the grant has been awarded.
</P>
<P>(b) Subgrantees and contractors, including contractors for professional services, shall maintain books, documents, papers, maps, and records which are pertinent to a specific grant award.
</P>
<P>(c) The agency's records and the records of its subgrantees and contractors, including professional services contracts, shall be subject at all reasonable times to inspection, reproduction, copying, and audit by the Office, the Department of the Interior, the Comptroller General of the United States, the Department of Labor, or any authorized representative.
</P>
<P>(d) For completed or terminated grants, the agency, subgrantees and contractors shall preserve and make their records available to the Office, the Department of the Interior, the Comptroller General of the United States, Department of Labor, or any authorized representative pursuant to OMB Circular A-102.


</P>
</DIV8>


<DIV8 N="§ 725.25" NODE="30:3.0.1.2.15.0.1.21" TYPE="SECTION">
<HEAD>§ 725.25   Disclosure of information.</HEAD>
<P>All grant applications received by the Director or his authorized designee constitute agency records. As such, their release may be requested by any member of the public under the Freedom of Information Act (5 U.S.C. 552), and shall be disclosed unless exempt from disclosure under 5 U.S.C. 552(b).


</P>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="C" NODE="30:3.0.1.3" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER C—PERMANENT REGULATORY PROGRAMS FOR NON-FEDERAL AND NON-INDIAN LANDS 


</HEAD>

<DIV5 N="730" NODE="30:3.0.1.3.16" TYPE="PART">
<HEAD>PART 730—GENERAL REQUIREMENTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 501(b), 503, 504, 505 and 521 of Pub. L. 95-87 (30 U.S.C. 1251(b), 1253, 1254, 1255 and 1271).


</PSPACE></AUTH>

<DIV8 N="§ 730.1" NODE="30:3.0.1.3.16.0.1.1" TYPE="SECTION">
<HEAD>§ 730.1   Scope.</HEAD>
<P>This subchapter sets forth standards and procedures for the submission, review, and approval or disapproval of State programs, for coal exploration and surface coal mining and reclamation operations on non-Indian and non-Federal lands. In addition it sets forth criteria and procedures for amending approved programs, substituting Federal enforcement for State enforcement of State programs, and withdrawing approval of those programs not adequately implemented or maintained. Requirements are also included for State program grants and for the adoption of a Federal program in a State which does not have a State program or which has failed to implement, enforce or maintain an approved State program consistent with this subchapter.
</P>
<CITA TYPE="N">[44 FR 15323, Mar. 13, 1979]


</CITA>
</DIV8>


<DIV8 N="§ 730.5" NODE="30:3.0.1.3.16.0.1.2" TYPE="SECTION">
<HEAD>§ 730.5   Definitions.</HEAD>
<P>As used in this subchapter unless otherwise indicated <I>Consistent with</I> and <I>in accordance with</I> mean: 
</P>
<P>(a) With regard to the Act, the State laws and regulations are no less stringent than, meet the minimum requirements of and include all applicable provisions of the Act. 
</P>
<P>(b) With regard to the Secretary's regulations, the State laws and regulations are no less effective than the Secretary's regulations in meeting the requirements of the Act.
</P>
<CITA TYPE="N">[44 FR 15323, Mar. 13, 1979, as amended at 46 FR 53384, Oct. 28, 1981]


</CITA>
</DIV8>


<DIV8 N="§ 730.11" NODE="30:3.0.1.3.16.0.1.3" TYPE="SECTION">
<HEAD>§ 730.11   Inconsistent and more stringent State laws and regulations.</HEAD>
<P>(a) No State law or regulation shall be superseded by any provision of the Act or the regulations of this chapter, except to the extent that the State law or regulation is inconsistent with, or precludes implementation of, requirements of the Act or this chapter. The Director shall publish a notice of proposed action in the <E T="04">Federal Register</E> setting forth the text or a summary of any State law or regulation initially determined by him to be inconsistent with the Act or this chapter. The notice shall provide 30 days for public comment. Following the close of the public comment period, the Director shall make a final determination which shall be published in the <E T="04">Federal Register.</E>
</P>
<P>(b) Any State law or regulation which provides for more stringent land use and environmental controls and regulations of coal exploration and surface coal mining and reclamation operations than do the provisions of the Act and this chapter, or which provides for the control and regulation of coal exploration and surface coal mining and reclamation operations for which no provision is contained in the Act or this chapter, shall not be construed to be inconsistent with the Act or this chapter.
</P>
<CITA TYPE="N">[44 FR 15323, Mar. 13, 1979, as amended at 47 FR 26364, June 17, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 730.12" NODE="30:3.0.1.3.16.0.1.4" TYPE="SECTION">
<HEAD>§ 730.12   Requirements for regulatory programs in States.</HEAD>
<P>(a) Not later than January 3, 1981, for each State in which coal exploration and surface coal mining and reclamation operations are or may be conducted on non-Federal and non-Indian land, either a State program or a Federal program adopted under this subchapter shall be in effect. However, the inability of a State to take any action the purpose of which is to prepare, submit or enforce a State program, or any part thereof, because the action is enjoined by the issuance of an injunction by any court of competent jurisdiction shall not result in the imposition of a Federal program for regulation of surface coal mining and reclamation operations. Regulation of surface coal mining and reclamation operations covered or to be covered by the State program subject to an injunction shall be conducted by the State pursuant to section 502 of the Act until such time as the injunction terminates or for one year from issuance of the injunction, whichever is shorter, at which time the requirements of sections 503 and 504 shall again be fully applicable. States in which no coal exploration or surface coal mining and reclamation operations are in existence or planned on January 3, 1981, on non-Federal and non-Indian lands but in which such exploration or operations may occur at some later date, shall have a State or Federal program in effect before commencement of any such exploration or operations. 
</P>
<P>(b) The State shall notify the Director of the issuance of any injunction which prevents or prohibits the State from preparing, submitting or enforcing a State program or portion thereof. 
</P>
<CITA TYPE="N">[44 FR 15323, Mar. 13, 1979, as amended at 45 FR 33927, May 20, 1980] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="731" NODE="30:3.0.1.3.17" TYPE="PART">
<HEAD>PART 731—SUBMISSION OF STATE PROGRAMS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and 16 U.S.C. 470 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15324, Mar. 13, 1979, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 731.1" NODE="30:3.0.1.3.17.0.1.1" TYPE="SECTION">
<HEAD>§ 731.1   Scope.</HEAD>
<P>This part establishes standards and procedures for the preparation and submission of State programs.




</P>
</DIV8>


<DIV8 N="§ 731.12" NODE="30:3.0.1.3.17.0.1.2" TYPE="SECTION">
<HEAD>§ 731.12   Submission of State programs.</HEAD>
<P>Each State that wishes to regulate coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands within its boundaries shall submit three copies of a proposed program to the Director. A State may submit a proposed program at any time. The State shall retain sufficient copies of the program for public inspection under § 732.11(a).
</P>
<CITA TYPE="N">[47 FR 26364, June 17, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 731.14" NODE="30:3.0.1.3.17.0.1.3" TYPE="SECTION">
<HEAD>§ 731.14   Content requirements for program submissions.</HEAD>
<P>The program shall demonstrate that the State has the capability of carrying out the provisions of the Act and this chapter and achieving their purposes by providing a complete description of the system for implementing, administering and enforcing a State program including, at a minimum— 
</P>
<P>(a) A copy of the State laws in effect at the time of submission of the program which regulate coal exploration and surface coal mining and reclamation operations, a copy of any State regulations promulgated to implement and enforce those State laws and any amendments to State laws and regulations which are in the process of enactment and have been determined by the State to be essential to allow for program approval; 
</P>
<P>(b) Copies of other State laws and regulations directly affecting the regulation of coal exploration and surface coal mining and reclamation operations, and amendments to such other laws or regulations which affect the regulation of coal exploration and surface coal mining and reclamation operations which are being considered or are pending; 
</P>
<P>(c)(1) A legal opinion from the Attorney General of the State or chief legal officer of the State regulatory authority stating that the State has the legal authority under existing laws and regulations, or will have authority under amendments to laws and regulations which are in the process of enactment, to implement, administer and enforce the program and to regulate coal exploration and surface coal mining and reclamation operations in accordance with the Act and consistent with this chapter. 
</P>
<P>(2) A section-by-section comparison of the State's law and regulations and amendments which are in the process of enactment with the Act and this chapter, explaining any differences and their legal effect;
</P>
<P>(d) A copy of the legal document which designates one State agency as the regulatory authority and authorizes that agency to implement, administer and enforce a State program and to submit grant applications and receive and administer grants under this subchapter; 
</P>
<P>(e)(1) A description, including appropriate charts, of the existing and proposed structural organization of the agency designated as the regulatory authority and of other agencies or applicable divisions or departments of those agencies which will have duties in the State program. The description must indicate the coordination system between these agencies and lines of authority and the staffing functions within each agency and between agencies.
</P>
<P>(2) A summary table of the existing and proposed State program staff, showing job functions, title and required job experience and training, and a description of how the staffing proposed for the State program will be adequate to carry out the functions, including permitting, inspection and legal actions for the projected workload to ensure that coal exploration and surface coal mining and reclamation operations will be regulated in accordance with the requirements of the Act and this chapter;
</P>
<P>(f) A copy of supporting agreements between agencies which will have duties in the State program; 
</P>
<P>(g) Narrative descriptions, flow charts or other appropriate documents of the proposed systems for—
</P>
<P>(1) Receiving notices of intention to explore and applications for new, revised or renewed approvals for coal exploration and permits for surface coal mining and reclamation operations, reviewing those applications, approving or disapproving requests for exploration approvals, permits, permit revisions and renewals; 
</P>
<P>(2) Assessing fees for permit applications; 
</P>
<P>(3) Implementing, administering and enforcing a system of performance bonds and liability insurance or other equivalent guarantees; 
</P>
<P>(4) Inspecting and monitoring coal exploration and surface coal mining and reclamation operations including provisions for public participation in the process; 
</P>
<P>(5) Enforcing the administrative, civil and criminal sanctions of State laws and regulations for violation of any requirement of those laws relating to the regulation of coal exploration and surface coal mining and reclamation operations; 
</P>
<P>(6) Administering and enforcing the permanent program performance standards; 
</P>
<P>(7) Assessing and collecting civil penalties; 
</P>
<P>(8) Issuing public notices and holding public hearings; 
</P>
<P>(9) Coordinating issuance of permits required under the Act and this chapter with other State, Federal and local agencies; 
</P>
<P>(10) Consulting with State and Federal agencies having responsibility for the protection or management of fish and wildlife and related environmental values.
</P>
<P>(11) Designating lands unsuitable for surface coal mining operations, including provisions for terminating those designations and for public participation in the designation process; 
</P>
<P>(12) Monitoring, reviewing and enforcing restrictions against direct and indirect financial interests of State employees in surface coal mining and reclamation operations; 
</P>
<P>(13) Training, examining and certifying blasters, except that no State program is required to implement this provision until six months after the Federal regulations for the provision have been promulgated; 
</P>
<P>(14) Providing for public participation in the development, revision and enforcement of State regulations, the State program, and permits under the State program; 
</P>
<P>(15) Providing administrative and judicial review of actions provided for in the State program including inspection and enforcement actions; and 
</P>
<P>(16) Providing the determination of probable hydrologic consequences and the statement of the results of test borings or core samples required by section 507(c) of the Act.
</P>
<P>(17) Consulting with State, Federal, and local agencies having responsibility for historic, cultural, and archeological resources, and for making decisions regarding such resources.
</P>
<P>(h) Statistical information describing coal exploration and surface coal mining and reclamation operations in the State, adequate to demonstrate that the provisions of the State program and the resources available to it are sufficient when compared to the current and projected coal mining activities in the State;
</P>
<P>(i) A description of the actual capital and operating budget, including source of funds, used or proposed to be used to administer the State program for the prior and current fiscal years, and the projected annual budget for each of the next two fiscal years, assuming supplemental funding pursuant to an approved State program and grants under 30 CFR part 735; and a description of the existing and proposed physical resources for use in the program.
</P>
<CITA TYPE="N">[44 FR 15324, Mar. 13, 1979, as amended at 47 FR 26364, June 17, 1982; 48 FR 2272, Jan. 18, 1983; 52 FR 4261, Feb. 10, 1987]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="732" NODE="30:3.0.1.3.18" TYPE="PART">
<HEAD>PART 732—PROCEDURES AND CRITERIA FOR APPROVAL OR DISAPPROVAL OF STATE PROGRAM SUBMISSIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and 16 U.S.C. 470 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15326, Mar. 13, 1979, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 732.1" NODE="30:3.0.1.3.18.0.1.1" TYPE="SECTION">
<HEAD>§ 732.1   Scope.</HEAD>
<P>This part sets forth criteria and procedures for decisions to approve or disapprove submissions of State programs and program amendments, including requirements for public participation in the process of approval or disapproval.




</P>
</DIV8>


<DIV8 N="§ 732.10" NODE="30:3.0.1.3.18.0.1.2" TYPE="SECTION">
<HEAD>§ 732.10   Information collection.</HEAD>
<P>The information collection requirements contained in 30 CFR 732.16(a) and 732.17(b) have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0024. The information is needed to afford a State the opportunity to modify or amend its State program and will be used by OSM to determine whether the amendment meets the provisions of the Act.
</P>
<CITA TYPE="N">[47 FR 26365, June 17, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 732.11" NODE="30:3.0.1.3.18.0.1.3" TYPE="SECTION">
<HEAD>§ 732.11   Review by the Director.</HEAD>
<P>(a) Immediately upon receipt of a proposed State program, the Director shall publish in the <E T="04">Federal Register</E> and in a newspaper of general circulation in the State a notice meeting the following requirements:
</P>
<P>(1) The notice shall include the date of the submission of the program and a summary of the program's contents. It shall also indicate that the full text of the program submission is available for review during regular business hours at the OSM State Office and at the central office and each field office of the State agency responsible for the submission.
</P>
<P>(2) The notice shall afford interested persons an opportunity to submit written comments. The comment period shall end on a date following the public hearing scheduled to be held under paragraph (b) of this section and that date shall be specified in the notice.
</P>
<P>(3) The notice shall identify the time and location within the State at which the Office will hold the public hearing under paragraph (b) of this section.
</P>
<P>(b) A public hearing shall be held by the Director no sooner than 40 days following the publication of the notice required by paragraph (a) of this section. The hearing shall be informal and follow legislative procedures.
</P>
<P>(1) The format and the rules of procedure for each hearing shall be determined by the Director and published in the <E T="04">Federal Register</E> notice required by paragraph (a).
</P>
<P>(2) When the program is submitted, State laws and regulations must be submitted in their final form or in the form in which they are expected to become final. Should revisions to any of the laws or regulations be necessary during the public comment period or before the Secretary's decision, OSM will give notice and provide an opportunity for review and comment. State laws and regulations must be enacted by the date of program approval.
</P>
<P>(c) Copies of written comments shall be available for public inspection and copying at the OSM State Office and the offices of the State agency responsible for submitting the program.
</P>
<P>(d) The Director shall consider all relevant information, including information obtained from public hearings and comments, and shall recommend to the Secretary that the program be approved or disapproved, in whole or in part. The recommended decision shall specify the reasons for the recommendation.
</P>
<CITA TYPE="N">[47 FR 26365, June 17, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 732.13" NODE="30:3.0.1.3.18.0.1.4" TYPE="SECTION">
<HEAD>§ 732.13   Decision by the Secretary.</HEAD>
<P>(a) After consideration of the information accompanying the Director's recommendation and the Director's recommendation and findings, the Secretary shall issue to the State in writing, either a decision approving or an initial decision disapproving the State program, in whole or in part. 
</P>
<P>(b) A program shall not be approved until the Secretary has— 
</P>
<P>(1) Solicited and publicly disclosed the views of the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the heads of other Federal agencies concerned with or having special expertise relevant to the program as proposed; and 
</P>
<P>(2) Obtained written concurrence of the Administrator of the Environmental Protection Agency with respect to those aspects of a State program which relate to air or water quality standards promulgated under the authority of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 <I>et seq.</I>), or the Clean Air Act, as amended (42 U.S.C. 7401 <I>et seq.</I>). 
</P>
<P>(c) The Secretary's decision shall include the findings upon which it is based and shall be mailed to the State. 
</P>
<P>(d) The Secretary shall issue his decision within 6 months of the Director's receipt of a program submission. 
</P>
<P>(e) All decisions approving or disapproving a program, in whole or in part, shall be published in the <E T="04">Federal Register,</E> indicating, in the event of disapproval, that the State has 60 days to submit a revised program for consideration. 
</P>
<P>(f) If the Secretary disapproves a program, in whole or in part, the State shall have 60 days from the date of publication of the <E T="04">Federal Register</E> notice to submit a revised program to the Director for reconsideration. The procedures of § 732.11 will then apply to the revised State program, except that the time allowed between publication of notice and the public hearing for public review and comment may be shortened to not less than 15 days.
</P>
<P>(g) The Secretary shall either approve or disapprove the revised program within 60 days from the date of submission of the revised program and publish that decision and reasons for the decision in the <E T="04">Federal Register.</E> A decision disapproving the revised program constitutes the final decision by the Department disapproving that program in its entirety.
</P>
<P>(h) If a revised State program is not submitted by a State within 60 days of an initial disapproval under paragraph (a) of this section, the Secretary shall disapprove the initial program submission in its entirety. This decision shall constitute the final decision by the Secretary. This decision and the basis for it shall be published in the <E T="04">Federal Register.</E>
</P>
<P>(i) A decision by the Secretary approving a program submission establishes a State program for the State which submitted it and constitutes the final decision by the Department. The State program becomes effective on the date of publication of the decision in the <E T="04">Federal Register</E> unless otherwise specified by the Secretary. The Secretary shall not give his approval unless the program submission can be approved in whole, except as provided in paragraph (j) of this section.
</P>
<P>(j) The Secretary may conditionally approve a State program where the program is found to have minor deficiencies, provided:
</P>
<P>(1) The deficiencies are of such a size and nature so as to render no part of a proposed State program incomplete;
</P>
<P>(2) The State has initiated and is actively proceeding with steps to correct the deficiencies;
</P>
<P>(3) The State agrees in writing to correct such deficiencies within a time established by the Secretary and stated in the conditional approval; and
</P>
<P>(4) If the deficiencies have not been corrected by the date set forth in the Secretary's decision under paragraph (j)(3) of this section, the Director shall notify the Secretary that the deficiencies have not been corrected and shall within 30 days—
</P>
<P>(i) Withdraw approval of the State program in whole or in part, and specify the extent to which approval of the State program is being withdrawn;
</P>
<P>(ii) Substitute direct Federal enforcement of those portions of the permanent regulatory program that the State has failed to implement;
</P>
<P>(iii) Initiate procedures in accordance with parts 733 and 736 of this chapter to withdraw State program approval and implement a Federal program for the State, including specifying necessary remedial actions to correct continued deficiencies; or
</P>
<P>(iv) Take any combination of actions under paragraphs (j)(4) and (i) through (iii) of this section.
</P>
<CITA TYPE="N">[44 FR 15326, Mar. 13, 1979, as amended at 47 FR 26365, 26367, June 17, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 732.14" NODE="30:3.0.1.3.18.0.1.5" TYPE="SECTION">
<HEAD>§ 732.14   Resubmission of State programs.</HEAD>
<P>If, by a final decision, the program is disapproved, the State may submit another proposed State program to the Director at any time. Resubmitted State programs must meet the requirements of § 731.14 and will be acted upon pursuant to §§ 732.11-732.16.
</P>
<CITA TYPE="N">[47 FR 26366, June 17, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 732.15" NODE="30:3.0.1.3.18.0.1.6" TYPE="SECTION">
<HEAD>§ 732.15   Criteria for approval or disapproval of State programs.</HEAD>
<P>The Secretary shall not approve a State program unless, on the basis of information contained in the program submission, comments, testimony and written presentations at the public hearings, and other relevant information, the Secretary finds that— 
</P>
<P>(a) The program provides for the State to carry out the provisions and meet the purposes of the Act and this Chapter within the State and that the State's laws and regulations are in accordance with the provisions of the Act and consistent with the requirements of the Chapter.
</P>
<P>(b) The State regulatory authority has the authority under State laws and regulations pertaining to coal exploration and surface coal mining and reclamation operations and the State program includes provisions to— 
</P>
<P>(1) Implement, administer and enforce all applicable requirements consistent with subchapter K of this chapter; 
</P>
<P>(2) Implement, administer and enforce a permit system consistent with the regulations of subchapter G of this chapter and prohibit surface coal mining and reclamation operations without a permit issued by the regulatory authority; 
</P>
<P>(3) Regulate coal exploration consistent with 30 CFR parts 772 and 815 and prohibit coal exploration that does not comply with 30 CFR parts 772 and 815; 
</P>
<P>(4) Require that persons extracting coal incidental to government financed construction maintain information on site consistent with 30 CFR 707; 
</P>
<P>(5) Enter, inspect and monitor all coal exploration and surface coal mining and reclamation operations on non-Indian and non-Federal land within the State consistent with the requirements of section 517 of the Act and subchapter L of this chapter; 
</P>
<P>(6) Implement, administer and enforce a system of performance bonds and liability insurance, or other equivalent guarantees, consistent with the requirements of subchapter J of this chapter; 
</P>
<P>(7) Provide for civil and criminal sanctions for violations of the State law, regulations and conditions of permits and exploration approvals including civil and criminal penalties in accordance with section 518 of the Act and consistent with 30 CFR 845, including the same or similar procedural requirements; 
</P>
<P>(8) Issue, modify, terminate and enforce notices of violation, cessation orders and show cause orders in accordance with section 521 of the Act and consistent with the requirements of subchapter L of this chapter including the same or similar procedural requirements; 
</P>
<P>(9) Designate areas as unsuitable for surface coal mining consistent with subchapter F of this chapter; 
</P>
<P>(10) Provide for public participation in the development, revision and enforcement of State regulations and the State program, consistent with public participation requirements of the Act and this chapter; 
</P>
<P>(11) Monitor, review and enforce the prohibition against indirect or direct financial interests in coal mining operations, by employees of the State regulatory authority, consistent with 30 CFR 705; 
</P>
<P>(12) Require the training, examination and certification of persons engaged in or responsible for blasting and the use of explosives consistent with regulations issued by the Secretary, except that no State program is required to implement this provision until six months after Federal regulations for this provision have been promulgated; 
</P>
<P>(13) Provide for small operator assistance.
</P>
<P>(14) Provide for administrative review of State program actions, in accordance with section 525 of the Act and subchapter L of this chapter;
</P>
<P>(15) Provide for judicial review of State program actions in accordance with State law, as provided in section 526(e) of the Act, except that judicial review of State enforcement actions shall be in accordance with section 526 of the Act. Judicial review in accordance with State law shall not be construed to limit the operation of the rights established in section 520 of the Act, except as provided in that section.
</P>
<P>(16) Cooperate and coordinate with and provide documents and other information to the Office under the provisions of this chapter. 
</P>
<P>(c) The State laws and regulations and the State program do not contain provisions which would interfere with or preclude implementation of those in the Act and this chapter. 
</P>
<P>(d) The State regulatory authority and other agencies having a role in the State program have sufficient legal, technical and administrative personnel and sufficient funding to implement, administer and enforce the provisions of the program, the requirements of paragraph (b) of this section, and other applicable State and Federal laws.
</P>
<CITA TYPE="N">[44 FR 15326, Mar. 13, 1979, as amended at 46 FR 53384, Oct. 28, 1981; 47 FR 26366, June 17, 1982; 48 FR 2272, Jan. 18, 1983; 48 FR 44779, Sept. 30, 1983]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For a document suspending § 732.15(b)(7) in part, see 45 FR 51548, Aug. 4, 1980.</PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 732.16" NODE="30:3.0.1.3.18.0.1.7" TYPE="SECTION">
<HEAD>§ 732.16   Terms and conditions for State programs.</HEAD>
<P>Terms and conditions for the implementation, administration and operation of a State program may be established by the Director as necessary, including, but not limited to— 
</P>
<P>(a) Establishing a system for regularly reporting to the Office information collected by the State regulatory authority in the conduct of the State program; and 
</P>
<P>(b) Providing the Office with access to books and records of the regulatory authority upon request.




</P>
</DIV8>


<DIV8 N="§ 732.17" NODE="30:3.0.1.3.18.0.1.8" TYPE="SECTION">
<HEAD>§ 732.17   State program amendments.</HEAD>
<P>(a) This section applies to any alteration of an approved State program whether accomplished on the initiative of the State regulatory authority or the Director. Such alterations are referred to in this section as “amendments”. 
</P>
<P>(b) The State regulatory authority shall promptly notify the Director, in writing, of any significant events or proposed changes which affect the implementation, administration or enforcement of the approved State program. At a minimum, notification shall be required for— 
</P>
<P>(1) Changes in the provisions, scope or objectives of the State program; 
</P>
<P>(2) Changes in the authority of the regulatory authority to implement, administer or enforce the approved program; 
</P>
<P>(3) Changes in the State law and regulations from those contained in the approved State program; 
</P>
<P>(4) Significant changes in staffing and resources of the regulatory authority and divisions or departments of other agencies with duties in the approved program; 
</P>
<P>(5) Changes in agreements between the regulatory authority and other agencies which have duties in the approved program; 
</P>
<P>(6) Significant changes in funding or budgeting relative to the approved program; and 
</P>
<P>(7) Significant changes in the number or size of coal exploration or surface coal mining and reclamation operations in the State. 
</P>
<P>(c) Within 30 days of receipt of notification, in writing, of events or proposed changes that may require a State program amendment, or whenever the Director becomes aware of conditions described in paragraph (e) of this section, the Director shall determine whether a State program amendment is required and notify the State regulatory authority of the decision. 
</P>
<P>(d) The Director shall promptly notify the State regulatory authority of all changes in the Act and the Secretary's regulations which will require an amendment to the State program. 
</P>
<P>(e) State program amendments may be required when— 
</P>
<P>(1) As a result of changes in the Act or regulations of this chapter, the approved State program no longer meets the requirements of the Act or this chapter; or 
</P>
<P>(2) Conditions or events change the implementation, administration or enforcement of the State program; or 
</P>
<P>(3) Conditions or events indicate that the approved State program no longer meets the requirements of the Act or this chapter. 
</P>
<P>(f)(1) If the Director determines that a State program amendment is required, the State regulatory authority shall, within 60 days after notification of that decision, submit to the Director either a proposed written amendment or a description of an amendment to be proposed that meets the requirements of the Act and this chapter, and a timetable for enactment which is consistent with established administrative or legislative procedures in the State.
</P>
<P>(2) If the State regulatory authority does not submit the information required by paragraph (f)(1), or does not subsequently comply with the submitted timetable, or if the resulting proposed amendment is not approved under this section, then the Director must begin proceedings under 30 CFR part 733 if the Director has reason to believe that such action is warranted because the State is not effectively implementing, administering, maintaining or enforcing all or part of its approved State program.
</P>
<P>(g) Whenever changes to laws or regulations that make up the approved State program are proposed by the State, the State shall immediately submit the proposed changes to the Director as an amendment. No such change to laws or regulations shall take effect for purposes of a State program until approved as an amendment. 
</P>
<P>(h) The following procedures, time schedules and criteria for approval and disapproval shall apply to State program amendments.
</P>
<P>(1) Within 30 days after receipt of a State program amendment from a State regulatory authority, the Director will publish a notice of receipt of the amendment in the <E T="04">Federal Register.</E>
</P>
<P>(2) The <E T="04">Federal Register</E> notice announcing the receipt of the amendment will indicate that the amendment(s) is being reviewed by the Director and will include the following:
</P>
<P>(i) The text or a summary of the amendment(s) proposed by the regulatory authority:
</P>
<P>(ii) Addresses where copies of the proposed amendment(s) may be obtained if the text is not included in the <E T="04">Federal Register</E> notice and that each requestor may receive, free of charge, one single copy of proposed amendment(s) from the Director.
</P>
<P>(iii) Date(s) of public comment period(s) and addresses where public comments should be directed;
</P>
<P>(iv) Dates and locations of public hearing(s) and/or meeting(s) if public hearing(s) and/or meeting(s) are to be held.
</P>
<P>(3) A minimum public comment period of 30 days will be provided for each proposed State program amendment, except a 15 day public comment period may be provided where an amendment concerns changes in State law, regulations or the procedures contained in the approved program that are analogous to changes in SMCRA and/or implementing regulations: <I>Provided,</I> That the notice of receipt published in the <E T="04">Federal Register</E> includes the full text of the proposed amendment: <I>And provided,</I> That all applicable provisions of 43 CFR part 14 are complied with. 
</P>
<P>(4) All State program amendments which may have an effect on historic properties shall be provided to the State Historic Preservation Officer and to the Advisory Council on Historic Preservation for comment.
</P>
<P>(5) Public hearings may be provided at the discretion of the Director and shall be held no sooner than five days before the close of the public comment period. The comment period shall end on a date following any public hearing scheduled to be held.
</P>
<FP>Public hearing plans will be announced in the notice of receipt of the amendment published in the <E T="04">Federal Register.</E> In determining whether to hold a public hearing, the Director will consider the subject of the amendment, its complexity and public hearing and meetings conducted by the State regulatory authority prior to submission of the amendment for OSM approval. When State regulatory authority public hearings or meetings are accepted in lieu of an OSM hearing, the State regulatory authority shall provide to the Director a complete record of any hearings or meetings including transcripts, written presentations, exhibits and copies of all comments. Hearings shall be informal and follow legislative procedures. The format and the rules of procedure for each hearing shall be determined by the Director and published in the notice required by paragraph (h)(1) of this section.
</FP>
<P>(6) Upon the close of the public comment period, the transcript, written presentations, exhibits and copies of all comments shall be transmitted to the Director.
</P>
<P>(7) The Director shall consider all relevant information, including any information obtained from public hearings and comments, and shall approve or disapprove the amendment request within 30 days after the close of the public comment period established in accordance with § 732.17(h)(3).
</P>
<P>(8) If the Director does not approve the amendment request, the State regulatory authority will have 60 days after publication of the Director's decision to submit a revised amendment for consideration by the Director. If more time may be needed by the State to submit a revised amendment, the Director may grant more time by specifying in the decision, a date by which the State regulatory authority must submit a revised amendment. The date specified in the Director's decision should be based on the circumstances of the situation and the established administrative or legislative procedures of the State in question.
</P>
<P>(9) The Director will approve or not approve revised amendment submissions in accordance with the provisions under paragraph (h) of this section.
</P>
<P>(10) The applicable criteria for approval or disapproval of State programs set forth in § 732.15 shall be utilized by the Director in approving or disapproving State program amendments.
</P>
<P>(11) State program amendments shall not be approved until the Director has—
</P>
<P>(i) Solicited and publicly disclosed the views of the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the heads of other Federal agencies concerned with or having special expertise relevant to the program amendment(s) as proposed; and
</P>
<P>(ii) Obtained written concurrence of the Administrator of the Environmental Protection Agency with respect to those aspects of a State program amendment(s) which relate to air or water quality standards promulgated under the authority of the Clean Water Act, as amended (33 U.S.C. 1251 <I>et seq.</I>), and the Clean Air Act, as amended (42 U.S.C. 7401 <I>et seq.</I>).
</P>
<P>(12) All decisions approving or not approving program amendments must be published in the <E T="04">Federal Register</E> and will be effective upon publication unless the notice specifies a different effective date. The decision approving or not approving program amendments will be published in the <E T="04">Federal Register</E> within 30 days after the date of the Director's decision.
</P>
<P>(13) Final action on all amendment requests must be completed within seven months after receipt of the proposed amendments from the State.
</P>
<CITA TYPE="N">[44 FR 15326, Mar. 13, 1979, as amended at 46 FR 7909, Jan. 23, 1981; 47 FR 26366, 26367, June 17, 1982; 52 FR 4261, Feb. 10, 1987; 70 FR 61206, Oct. 20, 2005] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="733" NODE="30:3.0.1.3.19" TYPE="PART">
<HEAD>PART 733—EARLY IDENTIFICATION OF CORRECTIVE ACTION, MAINTENANCE OF STATE PROGRAMS, PROCEDURES FOR SUBSTITUTING FEDERAL ENFORCEMENT OF STATE PROGRAMS, AND WITHDRAWING APPROVAL OF STATE PROGRAMS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15328, Mar. 13, 1979, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 733.1" NODE="30:3.0.1.3.19.0.1.1" TYPE="SECTION">
<HEAD>§ 733.1   Scope.</HEAD>
<P>This part establishes requirements for the maintenance of State programs and procedures for substituting Federal enforcement of State programs and withdrawing approval of State programs. 




</P>
</DIV8>


<DIV8 N="§ 733.5" NODE="30:3.0.1.3.19.0.1.2" TYPE="SECTION">
<HEAD>§ 733.5   Definitions.</HEAD>
<P>As used in this part, the following terms have the specified meanings:
</P>
<P><I>Action plan</I> means a detailed plan that OSMRE prepares, typically in consultation with the State regulatory authority, to resolve one or more State regulatory program issues and that includes a schedule that contains specific requirements that a State regulatory authority must achieve in a timely manner.
</P>
<P><I>State regulatory program issue</I> means an issue OSMRE identifies during oversight of a State or Tribal regulatory program that may result from a State regulatory authority's implementation, administration, enforcement, or maintenance of all or any portion of its State regulatory program that is not consistent with the basis for OSMRE's approval of the State program. This may include, but is not limited to, instances when a State regulatory authority has not adopted and implemented program amendments that are required under § 732.17 and subchapter T of this chapter, and issues related to the requirement in section 510(b) of the Act that a State regulatory authority must not approve a permit or revision to a permit unless the State regulatory authority finds that the application is accurate and complete and that the application is in compliance with all requirements of the Act and the State regulatory program.
</P>
<CITA TYPE="N">[91 FR 7853, Feb. 19, 2026]




</CITA>
</DIV8>


<DIV8 N="§ 733.10" NODE="30:3.0.1.3.19.0.1.3" TYPE="SECTION">
<HEAD>§ 733.10   Information collection.</HEAD>
<P>The information collection requirement contained in § 733.13(a)(2) has been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0025. The information required is needed by OSMRE to verify the allegations in a citizen request to evaluate a State program and to determine whether an evaluation should be undertaken.
</P>
<CITA TYPE="N">[85 FR 75189, Nov. 24, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 733.11" NODE="30:3.0.1.3.19.0.1.4" TYPE="SECTION">
<HEAD>§ 733.11   General requirements for maintaining State programs.</HEAD>
<P>States with an approved State program shall implement, administer, enforce and maintain it in accordance with the Act, this chapter and the provisions of the approved State program. 


</P>
</DIV8>


<DIV8 N="§ 733.12" NODE="30:3.0.1.3.19.0.1.5" TYPE="SECTION">
<HEAD>§ 733.12   Early identification and corrective action to address State regulatory program issues.</HEAD>
<P>(a) When the Director identifies a State regulatory program issue, he or she should take action to make sure the identified State regulatory program issue is corrected as soon as possible to ensure that it does not become an issue that would give the Director reason to believe that the State regulatory authority is not effectively implementing, administering, enforcing, or maintaining all or a portion of its State regulatory program.
</P>
<P>(1) The Director may become aware of State regulatory program issues through oversight of State regulatory programs or as a result of information received from any source, including a citizen complaint.
</P>
<P>(2) If the Director has reason to believe that the State regulatory authority is not effectively implementing, administering, enforcing, or maintaining all or a portion of its State regulatory program, the Director may substitute Federal enforcement of a State regulatory program or withdraw approval of a State regulatory program as provided in this part.
</P>
<P>(b) The Director or his or her delegate may employ any number of compliance strategies to ensure that the State regulatory authority corrects a State regulatory program issue in a timely and effective manner. However, if the Director or delegate does not expect that the State regulatory authority will resolve the State regulatory program issue within 180 days after identification or that it is likely to result in a violation of the approved State program, then the Director or delegate will develop and institute an action plan.
</P>
<P>(1) An action plan will be written with specificity to identify the State regulatory program issue and an effective mechanism for timely correction.
</P>
<P>(2) An action plan will identify any necessary technical or other assistance that the Director or his or her designee can provide and remedial measures that a State regulatory authority must take immediately.
</P>
<P>(3) An action plan will also include:
</P>
<P>(i) An action plan identification number;
</P>
<P>(ii) A concise title and description of the State regulatory program issue;
</P>
<P>(iii) Specific criteria for establishing when complete resolution of the State regulatory program issue will be achieved;
</P>
<P>(iv) Specific and orderly sequence of actions the State regulatory authority must take to remedy the State regulatory program issue;
</P>
<P>(v) A schedule for completion of each action in the sequence; and
</P>
<P>(vi) A clear explanation that if, upon completion of the action plan, the State regulatory program issue is not corrected, the provisions of § 733.13 may be triggered.
</P>
<P>(c) All identified State regulatory program issues, and any associated action plans, must be tracked and reported in the applicable State regulatory authority's Annual Evaluation Report. Each State regulatory authority Annual Evaluation Report will be accessible through OSMRE's website and at the relevant OSMRE office. Within each report, benchmarks identifying progress related to resolution of the State regulatory program issue must be documented.
</P>
<P>(d) Nothing in this section prevents a State regulatory authority from taking direct enforcement action in accordance with its State regulatory program, or OSMRE from taking appropriate oversight enforcement action, in the event that a previously identified State regulatory program issue results in or may imminently result in a violation of the approved State program.
</P>
<CITA TYPE="N">[91 FR 7853, Feb. 19, 2026]




</CITA>
</DIV8>


<DIV8 N="§ 733.13" NODE="30:3.0.1.3.19.0.1.6" TYPE="SECTION">
<HEAD>§ 733.13   Procedures for substituting Federal enforcement of State programs or withdrawing approval of State programs.</HEAD>
<P>(a) <I>Evaluation.</I> (1) The Director shall evaluate the administration of each state program at least annually. 
</P>
<P>(2) Any interested person may request the Director to evaluate a State program. The request shall set forth a concise statement of the facts which the person believes establishes the need for evaluation. The Director shall verify the allegations and determine within 60 days whether or not the evaluation shall be made and mail a written decision to the requestor. 
</P>
<P>(b) If the Director has reason to believe that a State is not effectively implementing, administering, maintaining or enforcing any part of its approved State program, the Director shall promptly notify the State regulatory authority in writing. The Director's notice shall— 
</P>
<P>(1) Provide sufficient information to allow the State regulatory authority to determine what portions of the program the Director believes are not being effectively implemented, administered, maintained, or enforced; 
</P>
<P>(2) State the reasons for such belief; and 
</P>
<P>(3) Specify the time period for the State regulatory authority to accomplish any necessary remedial actions.
</P>
<P>(c) The Director shall provide the State regulatory authority an opportunity for an informal conference if the State requests an informal conference within 15 days after the expiration of the time period specified in paragraph (b)(3) of this section. The informal conference may pertain to the facts or the time period for accomplishing remedial actions as specified by the Director's notification.
</P>
<P>(d) If an informal conference is not held under paragraph (c) of this section, or if, following such a conference, the Director still has reason to believe that the State is failing to adequately implement, administer, maintain or enforce a part or all of a State program, the Director shall give notice to the State and to the public, specifying the basis for that belief and shall hold a public hearing in the State within 30 days of the expiration of the time period specified in paragraph (b)(3) of this section or as modified at the informal conference held under paragraph (c) of this section.
</P>
<P>(e) The State will continue to enforce its approved program unless upon completion of the hearing under paragraph (d) of this section and based upon the review of all available information, including the hearing transcript, written presentations and written comments, the Director finds that the State has failed to implement, administer, maintain or enforce effectively all or part of its approved State program. If the Director finds further that the State has not demonstrated its capability and intent to administer the State program, the Director shall either—
</P>
<P>(1) Substitute for the State regulatory authority direct Federal enforcement of all or part of the State program in accordance with paragraph (f) of this section; or 
</P>
<P>(2) Recommend to the Secretary that he or she withdraw approval of the State program, in whole or in part, in accordance with paragraph (g) of this section. The recommendation shall be accompanied by all relevant information and shall include the reasons for the recommendation. 
</P>
<P>(f) <I>Substituted Federal enforcement.</I> (1) The Director shall give public notice of a finding under paragraph (e) of this section and specify the extent to which the Director is instituting direct Federal enforcement of a State program. 
</P>
<P>(2) During the period beginning with the public notice and ending when the State satisfies the Director that it will enforce the State program effectively, the Director shall enforce those portions of the State program and any additional regulations that the Office has adopted as necessary to enable the Director to perform his or her duties. To the extent the Director has assumed direct Federal enforcement of the State program, the Director shall— 
</P>
<P>(i) Enforce any permit condition required under the Act; 
</P>
<P>(ii) Issue any new or revised permit pursuant to any additional regulation that the Director may promulgate at the time of assumed enforcement; and 
</P>
<P>(iii) Conduct inspections and issue notices, orders and assessments of penalties as may be necessary for compliance with those permit conditions, the Act and the State program in accordance with subchapter L. 
</P>
<P>(3) In the case of a State permittee who has met his or her obligations under an existing State permit and who did not willfully secure the issuance of that permit through fraud or collusion, the Director shall give the permittee a reasonable time to conform ongoing surface mining and reclamation operations to the requirements of the Act, before suspending or revoking the State permit. 
</P>
<P>(g) <I>Withdrawing approval of State program.</I> (1) Upon recommending withdrawal of approval of a State program to the Secretary, the Director shall institute direct Federal enforcement in accordance with the requirements of paragraph (f) of this section. 
</P>
<P>(2) Upon receipt of the Director's recommendation and accompanying information under paragraph (e)(2) of this section the Secretary shall either— 
</P>
<P>(i) Withdraw approval of the State program in whole or in part if the Secretary finds that failure by the State to administer or enforce part or all of its State program cannot effectively be remedied by substitution of direct Federal enforcement for all or part of the State program, or 
</P>
<P>(ii) Instruct the Director to continue direct Federal enforcement in accordance with paragraph (f) of this section. 
</P>
<P>(3) The Secretary shall give public notice of a finding under paragraph (g)(2)(i) of this section, and specify the extent to which approval of a State program is being withdrawn. Not later than the issuance of the notice, the Director shall propose promulgation of, and thereafter promulgate and implement a Federal program for the affected State, in accordance with 30 CFR part 736.
</P>
<CITA TYPE="N">[44 FR 15328, Mar. 13, 1979, as amended at 47 FR 26366, June 17, 1982. Redesignated at 85 FR 75189, Nov. 24, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 733.14" NODE="30:3.0.1.3.19.0.1.7" TYPE="SECTION">
<HEAD>§ 733.14   Factors to be considered in deciding whether to substitute Federal enforcement for State programs or to withdraw approval of State programs.</HEAD>
<P>The record of the State in fulfilling the conditions of the original approval or adjusting to new circumstances, in accordance with requirements of the Act and this chapter, the hearings transcripts, written presentations and comments shall be considered in evaluating the maintenance, administration, or enforcement of a State program for purposes of determining whether to substitute direct Federal enforcement of the State program or to withdraw approval of part or all of the program.
</P>
<CITA TYPE="N">[44 FR 15328, Mar. 13, 1979, as amended at 47 FR 26366, June 17, 1982. Redesignated at 85 FR 75189, Nov. 24, 2020]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="735" NODE="30:3.0.1.3.20" TYPE="PART">
<HEAD>PART 735—GRANTS FOR PROGRAM DEVELOPMENT AND ADMINISTRATION AND ENFORCEMENT
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 201, 501, and 502, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62706, Dec. 13, 1977, unless otherwise noted. Redesignated at 44 FR 15312, Mar. 13, 1979. 


</PSPACE></SOURCE>

<DIV8 N="§ 735.1" NODE="30:3.0.1.3.20.0.1.1" TYPE="SECTION">
<HEAD>§ 735.1   Scope.</HEAD>
<P>This part sets forth policies and procedures for grants to States to—
</P>
<P>(a) Develop State programs for the regulation and control of surface coal mining and reclamation operations;
</P>
<P>(b) Administer and enforce State programs for the regulation and control of surface coal mining and reclamation operations; and
</P>
<P>(c) Administer cooperative agreements for State regulation of surface coal mining and reclamation operations on Federal lands.
</P>
<P>(d) Fund the Small Operator Assistance Program established under section 507(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) and described in part 795 of this chapter.
</P>
<CITA TYPE="N">[42 FR 62706, Dec. 13, 1977. Redesignated at 44 FR 15312, Mar. 13, 1979 and amended at 47 FR 38491, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.2" NODE="30:3.0.1.3.20.0.1.2" TYPE="SECTION">
<HEAD>§ 735.2   Objectives.</HEAD>
<P>The objectives of assistance under this part are—
</P>
<P>(a) To assist the States in meeting the costs of administering reclamation and enforcement programs consistent with the Act;
</P>
<P>(b) To encourage the States to build strong reclamation and enforcement programs; and
</P>
<P>(c) To encourage the States to assume jurisdiction over the regulation of surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 735.3" NODE="30:3.0.1.3.20.0.1.3" TYPE="SECTION">
<HEAD>§ 735.3   Authority.</HEAD>
<P>Section 705 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) authorizes the Secretary to make grants to States for developing, administering, and enforcing State regulatory programs.


</P>
</DIV8>


<DIV8 N="§ 735.4" NODE="30:3.0.1.3.20.0.1.4" TYPE="SECTION">
<HEAD>§ 735.4   Responsibility.</HEAD>
<P>(a) The Director shall administer the State grant program for the development, administration, and enforcement of State programs under this part.
</P>
<P>(b) The Director or his authorized designee shall receive, review and approve grant applications under this part.
</P>
<CITA TYPE="N">[42 FR 62706, Dec. 13, 1977. Redesignated at 44 FR 15312, Mar. 13, 1979, and amended at 47 FR 38491, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.5" NODE="30:3.0.1.3.20.0.1.5" TYPE="SECTION">
<HEAD>§ 735.5   Definitions.</HEAD>
<P>As used in this part, agency means the State agency designated by the Governor to receive and administer grants under this part.


</P>
</DIV8>


<DIV8 N="§ 735.10" NODE="30:3.0.1.3.20.0.1.6" TYPE="SECTION">
<HEAD>§ 735.10   Information collection.</HEAD>
<P>(a) The information collection and retention requirements in 30 CFR 735.13 (a) and (b), 735.16(e), 735.18, 735.26 and 735.27 were approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3507 and assigned clearance numbers for §§ 735.13 (a) and (b); SF 424, 1029-0016; OSM 50-A, 1029-0079; OSM 50-B, 1029-0078; OSM-47, 1029-0064; OSM-48, 1029-0070; OSM-51, 1029-0072; OSM-51A, 1029-0074; OSM-51B, 1029-0075; OSM-51C, 1029-0069; for Sections 735.16(e) and 735.18; SF 269, 1029-0017; OSM-51, 1029-0072; SF 271, 1029-0073; OSM-51A, 1029-0074; OSM-51B, 1029-0075; OSM-51C, 1029-0069; OSM-60, 1029-0076; OSM-62, 1029-0077; and OSM-63, 1029-0068; for section 735.26; and section 735.27 which was included in the above clearance numbers. 
</P>
<P>(b) The information required by 30 CFR part 735 will be used by OSM's Headquarters and State offices in administering, evaluating and auditing its State reimbursement grants for program development and administration and enforcement to insure that the requirements of OMB Circular A-102 and the Surface Mining Control and Reclamation Act are met. The information required by 30 CFR part 735 is mandatory.
</P>
<CITA TYPE="N">[47 FR 38491, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.11" NODE="30:3.0.1.3.20.0.1.7" TYPE="SECTION">
<HEAD>§ 735.11   Eligibility for program development grants.</HEAD>
<P>(a) <I>Designation of State agency.</I> In order to receive a program development grant the Governor of a State shall designate in writing to the Director one agency to submit the grant applications, and to receive and administer the grants.
</P>
<P>(b) <I>Periods covered by program development grants.</I> (1) An agency may apply for a program development grant for any period for which it does not have an approved State program. This is limited to periods during—
</P>
<P>(i) The initial development of a State program;
</P>
<P>(ii) The revision of a State program which has been disapproved by the Secretary; and
</P>
<P>(iii) The revision of a State program from which the Secretary has withdrawn his approval.
</P>
<P>(2) The Director shall limit grants for (b)(1) (ii) and (iii) of this paragraph to the costs of making revisions necessary to secure approval of the State programs.
</P>
<P>(3) The Director shall not approve grants for costs incurred prior to August 3, 1977. 
</P>
<SECAUTH TYPE="N">(Secs. 201, 501, 503, 705, Pub. L. 95-87, 91 Stat. 450, 467, 470, 520, (30 U.S.C. 1211, 1251, 1253, 1295)) 
</SECAUTH>
<CITA TYPE="N">[42 FR 62706, Dec. 13, 1977; 43 FR 2722, Jan. 19, 1977. Redesignated at 44 FR 15312, Mar. 13, 1979, and amended at 45 FR 2804, Jan. 14, 1980] 


</CITA>
</DIV8>


<DIV8 N="§ 735.12" NODE="30:3.0.1.3.20.0.1.8" TYPE="SECTION">
<HEAD>§ 735.12   Eligibility for administration and enforcement grants.</HEAD>
<P>(a) <I>Approved program required.</I> In order to receive a grant to administer and enforce a State program, the State must have an approved State regulatory program.
</P>
<P>(b) <I>Designation of a State agency.</I> In order to receive a grant to administer and enforce a State program, the Governor must designate a single agency to receive and administer administration and enforcement grants, including cooperative agreement grants described in § 735.16 of this part.
</P>
<P>(c) <I>Nondiscrimination.</I> The agency shall monitor the compliance activity of its subrecipients with respect to the nondiscrimination provisions in § 735.21(a)(4) of this part.


</P>
</DIV8>


<DIV8 N="§ 735.13" NODE="30:3.0.1.3.20.0.1.9" TYPE="SECTION">
<HEAD>§ 735.13   Submission of estimated annual budgets and allocation of funds.</HEAD>
<P>(a) Budget summaries for Federal budget. For each fiscal year, the agency shall submit to the Director or his authorized designee 18 months prior to the Federal fiscal year for which the grant will be requested, a projection of its program budget (personnel and fringe benefits, travel, equipment and supplies, contractual, indirect charges, and other), including the costs of administering State-Federal cooperative agreements pursuant to § 211.75 of this title, and any aircraft which the agency proposes to acquire. The Director will use these budget summaries in preparing the Federal budget estimates which he is required to submit.
</P>
<P>(b) Updated budget summary. For each fiscal year, the agency shall submit to the Director or his authorized designee a current program budget (personnel and fringe benefits, travel, equipment and supplies, contractual, indirect charges, and other) three months prior to the beginning of the Federal fiscal year for which a grant will be requested. 
</P>
<P>(c) <I>Allocation of funds.</I> (1) The Director shall allocate to the agencies the full amount requested and approved in the States' revised or actual budgets provided that the amount available in the Federal budget is sufficient.
</P>
<P>(2) If the funds available for grants are insufficient to cover the total grant needs, including cooperative agreement grants, the Director shall allocate the funds available according to the proportion of each requested and approved agency's budget to the total of all agencies' requested and approved budgets. 
</P>
<P>(3) Allocation of a specific amount of funds to an agency does not assure that grants for that amount will be approved. Each agency must apply for and secure approval of grants in accordance with the requirements of this part.
</P>
<P>(4) The Director shall reallocate any funds which are not requested by agencies as of June 1 of that year. Such funds shall be allocated primarily to those agencies which have received less than the allowable percentage of their eligible costs. 
</P>
<P>(5) Agencies which are allocated such additional funds may submit new or revised grant applications for the additional amounts on or before August 15, of that year.
</P>
<CITA TYPE="N">[42 FR 62706, Dec. 13, 1977. Redesignated at 44 FR 15312, Mar. 13, 1979, and amended at 47 FR 38491, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.14" NODE="30:3.0.1.3.20.0.1.10" TYPE="SECTION">
<HEAD>§ 735.14   Coverage of grants.</HEAD>
<P>(a) <I>Program development grants.</I> An agency may use grant money under this part to cover the costs of developing—
</P>
<P>(1) New or revised State laws, regulations, and procedures;
</P>
<P>(2) Revised or expanded inspection systems;
</P>
<P>(3) Training programs for inspectors and other personnel;
</P>
<P>(4) New or revised organizational structures;
</P>
<P>(5) Information and communications systems, including data processing systems;
</P>
<P>(6) A planning process including a data base and information system to receive and act upon petitions to designate lands unsuitable for mining;
</P>
<P>(7) An application for the initial administration and enforcement grant to the extent not covered by indirect costs or other cost items;
</P>
<P>(8) Other components necessary to obtain an approved State program, as mutually agreed upon by the Director or his authorized designee and the agency receiving a grant.
</P>
<P>(b) <I>Administration and enforcement grants.</I> An agency may use grant money under this part to cover the costs of—
</P>
<P>(1) Administering an approved State regulatory program;
</P>
<P>(2) Providing supporting and administrative services required by the State regulatory program;
</P>
<P>(3) Providing equipment required for the regulatory program and its support, either through use charges or direct purchase. Equipment charges and purchases will be allowed in accordance with Federal Management Circular 74-4, “Cost principles applicable to grants and contracts with State and local governments,” (34 CFR part 255) and Office of Management and Budget Circular No. A-102, “Uniform administrative requirements for grants-in-aid to State and local governments” (42 FR 45828).


</P>
</DIV8>


<DIV8 N="§ 735.15" NODE="30:3.0.1.3.20.0.1.11" TYPE="SECTION">
<HEAD>§ 735.15   Amount of grants.</HEAD>
<P>(a) <I>Amount of program development grants.</I> (1) For the first year of a program development grant the Director or his authorized designee shall approve grants for not more than 80 percent of the total of agreed upon costs pursuant to § 735.14(a).
</P>
<P>(2) For the second year of a program development grant the Director or his authorized designee shall approve grants for not more than 60 percent of the total agreed upon costs pursuant to § 735.14(a). 
</P>
<P>(3) For the third year and each following year of a program development grant the Director or his authorized designee shall approve grants for not more than 50 percent of the total agreed upon costs pursuant to § 735.14(a). 
</P>
<P>(b) <I>Amount of administration and enforcement grants.</I> (1) If no program development grant has been awarded, the Director or his authorized designee may approve the first administration and enforcement grant for not more than 80 percent of the agreed upon costs for administration and enforcement of the program.
</P>
<P>(2) If a program development grant has been awarded for only 1 year, the Director or his authorized designee may approve an administration and enforcement grant for 60 percent of the agreed upon costs for administration and enforcement of the program.
</P>
<P>(3) If a program development grant has been awarded for more than 1 year but less than 2 years, the Director or his authorized designee may approve the first administration and enforcement grant for 60 percent for that proportion remaining in the second year and for 50 percent for the proportion allocated to the third year.
</P>
<P>(4) For the third and following years, the Director or his authorized designee may approve administration and enforcement grants for 50 percent of the agreed upon costs for administration and enforcement of the program. 
</P>
<SECAUTH TYPE="N">(Secs. 201, 501, 503, 705, Pub. L. 95-87, 91 Stat. 450, 467, 470, 520 (30 U.S.C. 1211, 1251, 1253, 1295)) 
</SECAUTH>
<CITA TYPE="N">[42 FR 62706, Dec. 13, 1977. Redesignated at 44 FR 15312, Mar. 13, 1979, and amended at 45 FR 2804, Jan. 14, 1980] 


</CITA>
</DIV8>


<DIV8 N="§ 735.16" NODE="30:3.0.1.3.20.0.1.12" TYPE="SECTION">
<HEAD>§ 735.16   Special provisions for States with cooperative agreements.</HEAD>
<P>(a) <I>Eligibility.</I> The Director may approve additional grants to States which have cooperative agreements pursuant to § 211.75 of this title for State regulation of surface coal mining and reclamation operations on Federal lands. This includes—
</P>
<P>(1) States which had cooperative agreements on August 3, 1977, which have been modified to comply with the initial regulatory program; and
</P>
<P>(2) States which enter into cooperative agreements following approval of the State's regulatory program.
</P>
<P>(b) <I>Coverage of grants.</I> An agency may use cooperative agreement grants to carry out the functions assigned to the State under the agreement.
</P>
<P>(c) <I>Amounts of grants.</I> The Director or his authorized designee may approve grants for the approximate amount which he determines the Federal Government would have expended for regulation of coal mining on the Federal lands being regulated by the State, except that no grant may exceed the actual costs to the State.
</P>
<P>(d) <I>Grant periods.</I> The Director or his authorized designee shall normally approve a grant for a period of one year or less. Consecutive grants shall be awarded to fund approved programs.
</P>
<P>(e) <I>Application procedures.</I> (1) States with cooperative agreements in effect on August 3, 1977, may apply for cooperative agreement grants using the procedures set forth in § 735.18 (a), (b) and (d).
</P>
<P>(2) States with cooperative agreements established in conjunction with approved State regulatory programs may apply for cooperative agreement grants by including a supplement to an annual administration and enforcement grant application submitted according to § 735.18. The State shall include in the supplemental section:
</P>
<P>(i) A separate budget summary for the costs of the cooperative agreement in the format specified by OSM; and
</P>
<P>(ii) A separate narrative, in the format specified by OSM, describing the specific activities required by the cooperative agreement for the period for which the grant is requested.
</P>
<P>(f) <I>Other requirements.</I> The procedures and requirements set forth in §§ 735.17 through 735.26 are applicable to cooperative agreement grants.
</P>
<CITA TYPE="N">[42 FR 62706, Dec. 13, 1977; 43 FR 2722, Jan. 19, 1977. Redesignated at 44 FR 15312, Mar. 13, 1979, and amended at 47 FR 38491, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.17" NODE="30:3.0.1.3.20.0.1.13" TYPE="SECTION">
<HEAD>§ 735.17   Grant periods.</HEAD>
<P>The Director or his authorized designee shall normally approve a grant for a period of one year or less. Consecutive grants shall be awarded to fund approved programs.
</P>
<CITA TYPE="N">[47 FR 38491, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.18" NODE="30:3.0.1.3.20.0.1.14" TYPE="SECTION">
<HEAD>§ 735.18   Grant application procedures.</HEAD>
<P>(a) The agency shall submit its application (three copies) to the Director or his authorized designee at least sixty days prior to the beginning of the intended grant period, or as soon thereafter as possible.
</P>
<P>(b) The agency shall use the application forms and procedures specified by OSM in accordance with Office of Management and Budget Circular No. A-102. No pre-application is required. Each application must include the following:
</P>
<P>(1) Part I, Application Form Coversheet, SF 424.
</P>
<P>(2) Part II, Project Approval Information.
</P>
<P>(i) For non-construction grants use Form OSM-50A, Project Approval Information—Section A.
</P>
<P>(ii) For construction grants use Form OSM-50A, Project Approval Information—Section A, and Form OSM-50B, Project Approval Information—Section B.
</P>
<P>(3) Part III, Budget Information.
</P>
<P>(i) For non-construction grants use Form OSM-47, Budget Information Report, with a narrative explanation of computations.
</P>
<P>(ii) For construction grants use Form OSM-48, Budget Information—Construction, with a narrative explanation of computations.
</P>
<P>(4) Part IV, Program Narrative Statement, Form OSM-51, providing the narrative for the goals to be achieved for both construction and non-construction grants.
</P>
<P>(i) Form OSM-51 is supplemented by completion of Column 5A of Forms OSM-51A and OSM-51B which reports the quantitative Program Management information of the Administration and Enforcement grants.
</P>
<P>(ii) Form OSM-51 is supplemented by completion of Column 5A of Form OSM-51C which reports the quantitative Program Management information of the Small Operator Assistance Program Administration and Operational grant.
</P>
<P>(5) Part V, The standard assurances for non-construction activities or construction activities as specified in Office of Management and Budget Circular No. A-102, Attachment M.
</P>
<P>(c) For program development grant applications, agencies shall include:
</P>
<P>(1) An analysis and evaluation of the current State laws and changes required therein to conform to the requirements of the Surface Mining Control and Reclamation Act of 1977, unless previously submitted under part 725;
</P>
<P>(2) A description of the changes expected to be required in State regulations, organization, staffing, training and other policies and operations in order to develop a State program which can be approved; and
</P>
<P>(3) A program to develop the legislation, regulations, procedures, organization, staffing, training materials, and other program elements necessary to obtain program approval.
</P>
<P>(d) For administration and enforcement grants and cooperative agreement grants, agencies shall include:
</P>
<P>(1) A description of the specific operations in the approved program which will be implemented during the period for which the grant is requested.
</P>
<P>(2) A description and justification of any major equipment (equipment with a unit acquisition cost of $500 or more and having a life of more than two years) which the agency proposes to acquire with the grant.
</P>
<P>(e) The Director or his authorized designee shall notify the agency within thirty days after the receipt of a complete application, or as soon thereafter as possible, whether it is or is not approved. If the application is not approved, the Director or his authorized designee shall set forth in writing the reasons for disapproval and may propose modifications if appropriate. The agency may resubmit the application. The Director or his authorized designee shall process the revised application as an original application.
</P>
<CITA TYPE="N">[47 FR 62706, Dec. 13, 1977. Redesignated at 44 FR 15312, Mar. 13, 1979, and amended at 47 FR 38492, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.19" NODE="30:3.0.1.3.20.0.1.15" TYPE="SECTION">
<HEAD>§ 735.19   Grant agreement.</HEAD>
<P>(a) If the Director or his authorized designee approves an agency's grant application, the Director or his authorized designee shall prepare a grant agreement which includes—
</P>
<P>(1) The approved scope of the program to be covered by the grant;
</P>
<P>(2) The approved budget, including the Federal share;
</P>
<P>(3) Commencement and completion dates for the segment of the program covered by the grant and for major phases of the program to be completed during the grant period; and
</P>
<P>(4) Permissible transfers of funds to other State agencies.
</P>
<P>(b) The Director or his authorized designee may permit an agency to assign functions and funds to other State agencies. The Director or his authorized designee shall require the grantee agency to retain responsibility for overall administration of the grant, including use of funds, accomplishment of functions and reporting.
</P>
<P>(c) Pre-agreement costs for program development grants shall be allowed only as specified in the grant agreement.
</P>
<P>(d) The Director or his authorized designee shall transmit four copies of the grant agreement by certified mail, return receipt requested, to the agency for signature. The agency shall execute the grant agreement and return all copies of it within 3 calendar weeks after receipt, or within an extension of such time that may be granted by the Director or his authorized designee.
</P>
<P>(e) The Director or his authorized designee shall sign the grant agreement upon its return from the agency and return one copy to the agency. The grant is effective and constitutes an obligation of Federal funds in the amount and for the purposes stated in the grant agreement at the time the Director or his authorized designee signs the agreement.
</P>
<P>(f) Neither the approval of a program nor the award of any grant will commit or obligate the United States to award any continuation grant or enter into any grant amendment, including grant increases to cover cost overruns.


</P>
</DIV8>


<DIV8 N="§ 735.20" NODE="30:3.0.1.3.20.0.1.16" TYPE="SECTION">
<HEAD>§ 735.20   Grant amendments.</HEAD>
<P>(a) A grant amendment is a written alteration in the grant amount, grant terms or conditions, budget or period, or other administrative, technical, or financial agreement whether accomplished on the initiative of the agency or the Director or his authorized designee, or by mutual action of the agency and the Director or his authorized designee.
</P>
<P>(b) The agency shall promptly notify the Director or his authorized designee in writing of events or proposed changes which may require a grant amendment, such as—
</P>
<P>(1) Rebudgeting;
</P>
<P>(2) Changes which may affect the approved scope or objective of a program; or
</P>
<P>(3) Changes which may increase or substantially decrease the total cost of a program.
</P>
<P>(c) The Director or his authorized designee shall approve or disapprove each proposed amendment within thirty days of receipt, or as soon thereafter as possible, and shall notify the agency in writing of the approval or disapproval of the amendment.
</P>
<P>(d) The date the Director or his authorized designee signs the grant amendment establishes the effective date of the action. If no time period is specified in the grant amendment, then the amendment applies to the entire grant period.
</P>
<CITA TYPE="N">[42 FR 62706, Dec. 13, 1977. Redesignated at 44 FR 15312, Mar. 13, 1979, and amended at 47 FR 38492, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.21" NODE="30:3.0.1.3.20.0.1.17" TYPE="SECTION">
<HEAD>§ 735.21   Grant reduction and termination.</HEAD>
<P>(a) <I>Conditions for reduction or termination.</I> (1) If an agency violates the terms of a grant agreement, the Director or his authorized designee may reduce or terminate the grant.
</P>
<P>(2) If an agency fails to implement, enforce or maintain an approved program, or cooperative agreement, the Director or his authorized designee shall terminate the administration and enforcement grant or cooperative agreement grant.
</P>
<P>(3) If an agency fails to implement, enforce or maintain only a part of the program, the Director or his authorized designee shall reduce the grant to the amount of the program being operated by the agency.
</P>
<P>(4) If an agency is not in compliance with the following nondiscrimination provisions, the Director or his authorized designee shall terminate the grant—
</P>
<P>(i) Title VI of the Civil Rights Act of 1964 (78 Stat. 252). Nondiscrimination in Federally Assisted Programs, which provides that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, and the implementing regulations at 43 CFR part 17.
</P>
<P>(ii) Executive Order 11246, as amended by Executive Order 11375, Equal Employment Opportunity, requiring that employees or applicants for employment not be discriminated against because of race, creed, color, sex, or national origin, and the implementing regulations at 41 CFR part 60.
</P>
<P>(iii) Section 504 of the Rehabilitation Act of 1973, as amended by Executive Order 11914, Nondiscrimination With Respect to the Handicapped in Federally Assisted Programs.
</P>
<P>(5) If an agency fails to enforce the financial interest provisions of part 706 of this chapter the Director shall terminate the grant.
</P>
<P>(6) If an agency fails to submit reports required by this part or part 705 of this chapter the Director shall reduce or terminate the grant.
</P>
<P>(b) <I>Grant reduction and termination procedures.</I> (1) The Director or his authorized designee shall give at least 10 days written notice to the agency by certified mail, return receipt requested, of intent to reduce or terminate a grant. The Director or his authorized designee shall include in the notice the reasons for the proposed action and the proposed effective date of the action.
</P>
<P>(2) The Director or his authorized designee shall afford the agency opportunity for consultation and remedial action prior to reducing or terminating a grant.
</P>
<P>(3) The Director or his authorized designee shall notify the agency of the termination or reduction of the grant in writing by certified mail, return receipt requested.
</P>
<P>(4) Upon termination the agency shall refund or credit to the United States that portion of the grant money paid or owed to the agency and allocated to the terminated portion of the grant. However any portion of the grant that is required to meet commitments made prior to the effective date of termination shall be retained by the agency.
</P>
<P>(5) The agency shall reduce the amount of outstanding commitments insofar as possible and report to the Director or his authorized designee the uncommitted balance of funds awarded under the grant.
</P>
<P>(6) Upon notification of intent to terminate the agency shall not make any new commitments without the approval of the Director or his authorized designee.
</P>
<P>(7) The Director or his authorized designee may allow termination costs as determined by applicable Federal cost principles listed in Federal Management Circular 74-4.
</P>
<P>(c) <I>Appeals.</I> (1) An agency may appeal the Director or his authorized designee's decision to reduce or terminate a grant to the Director within 30 days of the Director or his authorized designee's decision.
</P>
<P>(2) An agency shall include in an appeal—
</P>
<P>(i) The decision being appealed, and
</P>
<P>(ii) The facts which the agency believes justify a reversal or modification of the decision.
</P>
<P>(3) The Director shall act upon appeals within 30 days of their receipt, or as soon thereafter as possible.
</P>
<CITA TYPE="N">[58 FR 41938, Aug. 5, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 735.22" NODE="30:3.0.1.3.20.0.1.18" TYPE="SECTION">
<HEAD>§ 735.22   Audit.</HEAD>
<P>The agency shall arrange for an independent audit no less frequently than once every two years, pursuant to the requirements of Office of Management and Budget Circular No. A-102, Attachment P. The audits will be performed in accordance with the “Standards for Audit of Governmental Organizations, Programs, Activities, and Functions” and the “Guidelines for Financial and Compliance Audits of Federally Assisted Programs” published by the Comptroller General of the United States and guidance provided by the cognizant Federal audit agency.
</P>
<CITA TYPE="N">[47 FR 38492, Aug. 31, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 735.23" NODE="30:3.0.1.3.20.0.1.19" TYPE="SECTION">
<HEAD>§ 735.23   Administrative procedures.</HEAD>
<P>The agency shall follow administrative procedures governing accounting, payment, property and related requirements contained in Office of Management and Budget Circular No. A-102.


</P>
</DIV8>


<DIV8 N="§ 735.24" NODE="30:3.0.1.3.20.0.1.20" TYPE="SECTION">
<HEAD>§ 735.24   Allowable costs.</HEAD>
<P>The Director or his authorized designee shall determine costs which may be reimbursed according to Office of Management and Budget Circular No. A-87.
</P>
<CITA TYPE="N">[47 FR 38492, Aug. 31, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 735.25" NODE="30:3.0.1.3.20.0.1.21" TYPE="SECTION">
<HEAD>§ 735.25   Financial management.</HEAD>
<P>(a) The agency shall account for grant funds in accordance with the requirements of Office of Management and Budget Circular No. A-102. Agencies shall use generally accepted accounting principles and practices, consistently applied. Accounting for grant funds must be accurate and current. 
</P>
<P>(b) The agency shall adequately safeguard all funds, property, and other assets and shall assure that they are used solely for authorized purposes. 
</P>
<P>(c) The agency shall provide a comparison of actual amounts spent with budgeted amounts for each grant.
</P>
<P>(d) When advances are made by a letter-of-credit method, the agency shall make drawdowns from the U.S. Treasury through its commercial bank as closely as possible to the time of making the disbursements. 
</P>
<P>(e) The agency shall support accounting records by source documentation. 
</P>
<P>(f) The agency shall design a systematic method to assure timely and appropriate resolution of audit findings and recommendations. 


</P>
</DIV8>


<DIV8 N="§ 735.26" NODE="30:3.0.1.3.20.0.1.22" TYPE="SECTION">
<HEAD>§ 735.26   Reports.</HEAD>
<P>(a) The agency shall, for each grant made under this part, submit semiannually to the Director or his authorized designee a Financial Status Report, Form 269 for non-construction grant activities in accordance with Office of Management and Budget Circular No. A-102, Attachment H and OSM requirements. This report shall be accompanied by a Performance Report, Form OSM-51 comparing actual accomplishments to the goals established for the period, prepared according to Attachment I of OMB Circular No. A-102 and OSM requirements. The agency shall also submit semiannually a separate Outlay Report and Request for Reimbursement for Construction Programs, Form 271, and accompanying narrative performance report comparing actual accomplishments with planned goals on grant funded construction activities.
</P>
<P>(b) The Director or his authorized designee shall require through the grant agreement that semiannual reports describe the relationship of financial information to performance and productivity data, including unit cost information. This quantitative information will be reported on Forms OSM-51A and OSM-51B or OSM-51C, Quantitative Program Management Information, as applicable.
</P>
<P>(c) The Director or his authorized designee shall require that when a grant is closed out in accordance with Attachment L to Office of Management and Budget Circular No. A-102, the following actions are taken:
</P>
<P>(1) The grantee shall account for any property acquired with grant funds or received from the Government in accordance with the provisions of Attachment N to Office of Management and Budget Circular No. A-102. This may be accomplished by the submission of the Report of Government Property, Form OSM-60.
</P>
<P>(2) The grantee shall submit a final financial report and thus release OSM from obligations under each grant or cooperative agreement that is being closed out.
</P>
<CITA TYPE="N">[47 FR 38492, Aug. 31, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 735.27" NODE="30:3.0.1.3.20.0.1.23" TYPE="SECTION">
<HEAD>§ 735.27   Records.</HEAD>
<P>(a) The agency shall maintain complete records in accordance with Office of Management and Budget Circular No. A-102. This includes books, documents, maps, and other evidence and accounting procedures and practices, sufficient to reflect properly— 
</P>
<P>(1) The amount, receipt, and disposition by the agency of all assistance received for the program. 
</P>
<P>(2) The total costs of the program, including all direct and indirect costs of whatever nature incurred for the performance of the program for which the grant has been awarded. 
</P>
<P>(b) Subgrantees and contractors, including contractors for professional services, shall maintain books, documents, papers, maps, and records which are pertinent to specific grant award.
</P>
<P>(c) The agency's records and the records of its subgrantees and contractors, including professional services contracts, shall be subject at all reasonable times to inspection, reproduction, copying, and audit by the Office, the Department of the Interior, the Comptroller General of the United States, the Department of Labor or any authorized representative. 
</P>
<P>(d) For completed or terminated grants the agency, subgrantees, and contractors shall preserve and make their records available to the Office, the Department of the Interior, the Comptroller General of the United States, Department of Labor, or any authorized representative pursuant to OMB Circular No. A-102. 


</P>
</DIV8>


<DIV8 N="§ 735.28" NODE="30:3.0.1.3.20.0.1.24" TYPE="SECTION">
<HEAD>§ 735.28   Disclosure of information.</HEAD>
<P>All grant applications received by the Director or his authorized designee constitute agency records. As such, their release may be requested by any member of the public under the Freedom of Information Act, 5 U.S.C. 552, and shall be disclosed unless exempt from disclosure under 5 U.S.C. 552(b). 


</P>
</DIV8>

</DIV5>


<DIV5 N="736" NODE="30:3.0.1.3.21" TYPE="PART">
<HEAD>PART 736—FEDERAL PROGRAM FOR A STATE
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>, as amended; and Pub. L. 100-34.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15329, Mar. 13, 1979, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 736.1" NODE="30:3.0.1.3.21.0.1.1" TYPE="SECTION">
<HEAD>§ 736.1   Scope.</HEAD>
<P>This part establishes standards and procedures for the promulgation, implementation, maintenance, administration, revision and termination of a Federal program for a State for coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands within that State. 


</P>
</DIV8>


<DIV8 N="§ 736.11" NODE="30:3.0.1.3.21.0.1.2" TYPE="SECTION">
<HEAD>§ 736.11   General procedural requirements.</HEAD>
<P>(a) <I>Promulgation.</I> (1) The Director shall promulgate and, subject to the provisions of this part, implement a Federal program for a State if the Director reasonably expects coal exploration or surface coal mining and reclamation operations to exist on non-Federal and non-Indian lands within the State at any time before June 1985, and the State fails to—
</P>
<P>(i) Submit a State program for regulation of coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands within that State to the Director as provided in 30 CFR 731.12; or
</P>
<P>(ii) Resubmit an acceptable State program within 60 days of a notice of disapproval of a State program pursuant to § 732.13(f). The Director shall not promulgate a Federal program before the expiration of the initial period allowed for submission of a State program, as provided in § 731.12. 
</P>
<P>(2) The Director shall promulgate a complete Federal program for a State upon the withdrawal of approval of an entire State program under 30 CFR 733.13. 
</P>
<P>(3) The Director shall promulgate a partial Federal program for a State upon the withdrawal of approval of part of a State program under 30 CFR part 733. 
</P>
<P>(b) <I>Revision.</I> The Director may revise a Federal program for a State, if necessary to further the purposes of the Act and the regulations adopted under the Act. 
</P>
<P>(c) <I>Termination.</I> The Director shall terminate appropriate portions of a Federal program for a State, upon approval of a State program under 30 CFR parts 731 and 732 that replaces a complete or partial Federal program for that State.
</P>
<CITA TYPE="N">[44 FR 15329, Mar. 13, 1979, as amended at 47 FR 26367, June 17, 1982; 85 FR 75190, Nov. 24, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 736.12" NODE="30:3.0.1.3.21.0.1.3" TYPE="SECTION">
<HEAD>§ 736.12   Notice, comment and hearing procedures.</HEAD>
<P>Prior to the promulgation or revision of a Federal program for a State, OSMRE shall:
</P>
<P>(a) <I>Federal Register notice.</I> Publish in the <E T="04">Federal Register</E> a notice which:
</P>
<P>(1) Includes the basis, purpose and substance of the proposed Federal program or revision;
</P>
<P>(2) Offers any person an opportunity to submit written comments on the proposed Federal program or revision for a period to end no less than 30 days after the date of the notice;
</P>
<P>(3) Offers to hold a public hearing on the proposed Federal program or revision in the affected State during the comment period if requested by any person;
</P>
<P>(4) Gives the address of an appropriate place where any person, during normal business hours, may inspect and copy a copy of the administrative record for the proposed Federal program or revision;
</P>
<P>(5) For an indirect revision of a Federal program, states that the affected provision of the permanent program is cross-referenced by the Federal program, and thus that the proposed permanent program revision also would revise the Federal program;
</P>
<P>(b) <I>Newspaper notice.</I> For the initial promulgation of a Federal program for a State, publish in a newspaper of general circulation in the coal mining area of the affected State a notice concerning the proposed rulemaking which includes the information required by paragraph (a) of this section, except that for the substance of the proposed Federal program or revision OSMRE may substitute a brief description; and
</P>
<P>(c) <I>Federal agency comment.</I> As appropriate, solicit comments from the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the heads of other Federal agencies concerned with or having special expertise relevant to the proposed Federal program or revision.
</P>
<CITA TYPE="N">[52 FR 39407, Oct. 21, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 736.13" NODE="30:3.0.1.3.21.0.1.4" TYPE="SECTION">
<HEAD>§ 736.13   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 736.14" NODE="30:3.0.1.3.21.0.1.5" TYPE="SECTION">
<HEAD>§ 736.14   Director's decision.</HEAD>
<P>(a) After considering all relevant information received under § 736.12 of this part, the Director shall decide whether to promulgate or revise a Federal program for the State.
</P>
<P>(b) The Director shall publish the decision in the <E T="04">Federal Register,</E> including a statement of the basis and purpose for the decision, the regulations of the Federal program for the State or revision thereof, and the effective date of the program or revision. 
</P>
<CITA TYPE="N">[44 FR 15329, Mar. 13, 1979, as amended at 52 FR 39408, Oct. 21, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 736.15" NODE="30:3.0.1.3.21.0.1.6" TYPE="SECTION">
<HEAD>§ 736.15   Implementation, enforcement, and maintenance of a Federal program.</HEAD>
<P>(a) The Director shall implement, administer, enforce, and maintain a Federal program or any revision thereto not later than 30 days after a Federal program is promulgated or revised.
</P>
<P>(b)(1) Except as provided in paragraph (b)(2) of this section, the Director shall implement the procedures and criteria of a Federal program for a State for designating lands unsuitable for all or certain types of surface coal mining one year after a Federal program is made effective for a State.
</P>
<P>(2) When a complete or partial Federal program is promulgated because of a State's failure to implement, maintain, or enforce adequately all or a part of its State program, all applicable portions of the Federal program for the State under this part shall be effective immediately upon implementation of the Federal program.
</P>
<CITA TYPE="N">[48 FR 41348, Sept. 14, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 736.16" NODE="30:3.0.1.3.21.0.1.7" TYPE="SECTION">
<HEAD>§ 736.16   Federal program termination procedures.</HEAD>
<P>Termination of a Federal program shall be accomplished at the same time and through the procedures for approval of a State program under 30 CFR part 732. No Federal program shall be considered terminated until a State program has been approved by the Secretary in accordance with 30 CFR part 732. 


</P>
</DIV8>


<DIV8 N="§ 736.17" NODE="30:3.0.1.3.21.0.1.8" TYPE="SECTION">
<HEAD>§ 736.17   Consolidation of procedures.</HEAD>
<P>The Director may consolidate public notices, hearings, opportunity for public comment and decisions on the promulgation, revision or termination of a Federal program for a State under this part, with public notices, opportunity for public comment and hearings on the approval, disapproval or withdrawal of a State program under 30 CFR parts 732 through 733. 


</P>
</DIV8>


<DIV8 N="§ 736.21" NODE="30:3.0.1.3.21.0.1.9" TYPE="SECTION">
<HEAD>§ 736.21   General requirements of a Federal program.</HEAD>
<P>(a) Any complete Federal program promulgated or revised by the Director shall include the contents identified in 30 CFR 736.22. 
</P>
<P>(b) Any partial Federal program shall include all of the contents identified in 30 CFR 736.22 to the extent that those aspects of coal exploration and surface coal mining and reclamation operations within the State are to be regulated by the Director under the partial program and are not to be regulated under the remainder of the State program that continues in effect. 


</P>
</DIV8>


<DIV8 N="§ 736.22" NODE="30:3.0.1.3.21.0.1.10" TYPE="SECTION">
<HEAD>§ 736.22   Contents of a Federal program.</HEAD>
<P>(a) In promulgating or revising any Federal program for a State, the Director shall— 
</P>
<P>(1) Consider the nature of that State's soils, topography, climate, and biological, chemical, geological, hydrological, agronomic, and other relevant physical conditions; 
</P>
<P>(2) Include any provisions that are necessary to implement the requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 531 <I>et seq.</I>), the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-666c), the National Historic and Preservation Act of 1966 (16 U.S.C. 470), the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a), and other relevant Federal laws imposing duties upon the Secretary; and 
</P>
<P>(3) Include, if required pursuant to 30 CFR 736.23, any performance standards for the regulation of coal exploration and surface coal mining and reclamation operations more stringent than those otherwise provided for by this chapter and the Act. 
</P>
<P>(b)(1) Any Federal program for a State, including appropriate portions of a partial Federal program which is promulgated or revised by the Director, shall provide for Federal regulation of coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands within the State in accordance with the requirements of the Act and this Chapter, including, at a minimum, the following provisions: Parts 700, 701, 707, 761, 762, 764, 842, 843, 845, subchapters G, J, K, and M.
</P>
<P>(2) An exception to these requirements may be made where there is exploration but no mining in the State. In such a case, the Federal program which is promulgated must regulate coal exploration, but not mining, and shall include, at a minimum, the applicable sections of the following provisions: Parts 700, 701, 761, 762, 764, 772, 773, 775, 815, 842, 843 and 845.
</P>
<P>(c) For the purpose of avoiding duplication, the Federal program shall include a process for coordinating the review and issuance of permits for surface coal mining and reclamation operations under the Federal program with any other Federal, State, or local planning or permit process applicable to the operations in the jurisdiction involved, including, but not limited to— 
</P>
<P>(1) The Clean Air Act, as amended (42 U.S.C. 7401 <I>et seq.</I>); Clean Water Act, as amended (30 U.S.C. 1251 <I>et seq.</I>); Resource Conservation and Recovery Act (42 U.S.C. 3251 <I>et seq.</I>); and 
</P>
<P>(2) Plans approved by the Administrator of the U.S. Environmental Protection Agency under sections 208 or 303(c) of the Clean Water Act, as amended (33 U.S.C. 1288, 1313(c)).
</P>
<CITA TYPE="N">[44 FR 15329, Mar. 13, 1979, as amended at 47 FR 26367, June 17, 1982; 48 FR 44779, Sept. 30, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 736.23" NODE="30:3.0.1.3.21.0.1.11" TYPE="SECTION">
<HEAD>§ 736.23   Federal program effect on State law or regulations.</HEAD>
<P>(a) Whenever a Federal program is promulgated or revised for a State, any statutes or regulations of the State regulating coal exploration or surface coal mining and reclamation operations subject to the Act shall be preempted and superseded by the Federal program insofar as they are inconsistent with the requirements of the Act and the Federal program. In promulgating or revising a Federal program for a State, the Director shall set forth in the <E T="04">Federal Register</E> any State statute or regulation which is preempted and superseded by the Federal program.
</P>
<P>(b) The provision of any State statute or regulation which provides for more stringent land use and environmental control and regulation of coal exploration or surface coal mining and reclamation operations than do the provisions of the Act or any regulation issued under the Act shall not be preempted and superseded by the Director and shall be incorporated into the Federal program for the State.
</P>
<CITA TYPE="N">[44 FR 15329, Mar. 13, 1979, as amended at 47 FR 26367, June 17, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 736.24" NODE="30:3.0.1.3.21.0.1.12" TYPE="SECTION">
<HEAD>§ 736.24   Federal program effect on State funding.</HEAD>
<P>(a) After the withdrawal of a State program and the promulgation and implementation of a complete Federal program for a State and extending until approval of a new State program, the Director shall not— 
</P>
<P>(1) Approve, fund or continue to fund a State abandoned mine reclamation program, under section 405(c) of the Act and 30 CFR 884.14, 884.15, 884.16 and 886.18; or, 
</P>
<P>(2) Make any grants to assist the State in administering and enforcing State programs under the Act and 30 CFR 735.11 and 735.12. 
</P>
<P>(b) After the withdrawal of a State program in part and the promulgation and implementation of a partial Federal program for a State and extending until the approval of a complete State program the Director shall not— 
</P>
<P>(1) Approve, fund or continue to fund a State abandoned mine reclamation program, under section 405(c) of the Act and 30 CFR 884.14, 884.15, 884.16 and 886.18, unless the Director finds, in writing, that discontinuation of funding would not be consistent with achieving the purposes of the Act, and 
</P>
<P>(2) Make any grants to assist the State in administering and enforcing State programs under the Act and 30 CFR 735.12, unless the Director finds in writing that discontinuation of funding would not be consistent with achieving the purposes of the Act.


</P>
</DIV8>


<DIV8 N="§ 736.25" NODE="30:3.0.1.3.21.0.1.13" TYPE="SECTION">
<HEAD>§ 736.25   Permit fees.</HEAD>
<P>(a) <I>Applicability.</I> An applicant for a new permit to conduct surface coal mining operations under a Federal program shall submit to OSM fees in the amounts set out in paragraph (d) of this section. For applications submitted prior to the effective date of this rule, fees shall apply only for stages of OSM review begun on or after the effective date. The applicant shall either submit all applicable fees with the permit application, or by stage of review as follows: 
</P>
<P>(1) <I>Administrative completeness review.</I> An applicant who pays by stage of review shall submit the administrative completeness review fee with the permit application.
</P>
<P>(2) <I>Technical review.</I> Following receipt from OSM of a notice of administrative completeness, an applicant who pays by stage of review shall submit the technical review basic fee, plus the per-acre fee for each acre of disturbed area or fraction thereof to be included in the permit area. 
</P>
<P>(3) <I>Permit issuance.</I> Following receipt from OSM of a notice of technical adequacy, an applicant who pays by stage of review shall submit the decision document fee. 
</P>
<P>(b) <I>Refund of fees.</I> (1) Upon receipt of a written request from an applicant, OSM will refund any permit fees paid under this section for a permit application when OSM denies the permit: 
</P>
<P>(i) On the basis of information concerning endangered or threatened species or their critical habitats or information. concerning cultural or historical resources, where such information was not available prior to submission of the permit application; 
</P>
<P>(ii) Because subsequent to submittal of a permit application, the lands contained in the permit application are declared unsuitable for mining under subchapter F of this chapter; or 
</P>
<P>(iii) Because subsequent to submittal of a permit application, the applicant is denied valid existing rights to mine under part 761 of this chapter where such rights are required for surface coal mining operations on the lands contained in the permit application. 
</P>
<P>(2) An applicant may file a written request for withdrawal of a permit application and a refund of fees in accordance with paragraph (b)(3) of this section. 
</P>
<P>(3) OSM will, upon receipt of written request for withdrawal of a permit application, cease processing of that application. If requested, OSM will refund fees paid by the applicant for the withdrawn application as follows: 
</P>
<P>(i) Any fees for a stage of OSM review not yet begun will be refunded; 
</P>
<P>(ii) Where technical review has begun, partial refund will be made of any technical review fee amounts remaining after deduction of actual OSM costs incurred for that technical review. Costs to process the withdrawal may also be deducted. 
</P>
<P>(4) No interest will be paid on refunded fees. 
</P>
<P>(c) <I>Form of payment.</I> All fees due under this section shall be submitted to OSM by the applicant in the form of a certified check, bank draft or money order, payable to Office of Surface Mining. 
</P>
<P>(d) <I>Fee schedule for a new permit.</I> 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">Administrative completeness review</TD><TD align="left" class="gpotbl_cell">$250.00 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Technical review: 
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Basic fee</TD><TD align="left" class="gpotbl_cell">1350.00 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Fee per acre of disturbed area in permit area: 
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">First 1,000 acres</TD><TD align="left" class="gpotbl_cell">13.50/acre 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Second 1,000 acres</TD><TD align="left" class="gpotbl_cell">6.00/acre 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Third 1,000 acres</TD><TD align="left" class="gpotbl_cell">4.00/acre 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Additional acres</TD><TD align="left" class="gpotbl_cell">3.00/acre 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Decision Document</TD><TD align="left" class="gpotbl_cell">2000.00</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[55 FR 29548, July 19, 1990]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="D" NODE="30:3.0.1.4" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER D—FEDERAL LANDS PROGRAM 


</HEAD>

<DIV5 N="740" NODE="30:3.0.1.4.22" TYPE="PART">
<HEAD>PART 740—GENERAL REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS ON FEDERAL LANDS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and 30 U.S.C. 181 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 6935, Feb. 16, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 740.1" NODE="30:3.0.1.4.22.0.1.1" TYPE="SECTION">
<HEAD>§ 740.1   Scope and purpose.</HEAD>
<P>This part provides for the regulation of surface coal mining and reclamation operations on Federal lands.


</P>
</DIV8>


<DIV8 N="§ 740.4" NODE="30:3.0.1.4.22.0.1.2" TYPE="SECTION">
<HEAD>§ 740.4   Responsibilities.</HEAD>
<P>(a) The Secretary is responsible for: 
</P>
<P>(1) Approval, disapproval or conditional approval of mining plans with respect to lands containing leased Federal coal and of modifications thereto, in accordance with the Mineral Leasing Act of 1920, as amended, 30 U.S.C. 181 <I>et seq.;</I> 
</P>
<P>(2) Execution, modification or termination of State-Federal cooperative agreements in accordance with part 745 of this chapter;
</P>
<P>(3) Designation of areas of Federal lands as unsuitable for all or certain types of surface coal mining and reclamation operations, or termination of such designations, in accordance with part 769 of this chapter;
</P>
<P>(4) Decisions on requests to determine whether a person possesses valid existing rights to conduct surface coal mining operations on Federal lands within the areas specified in § 761.11(a) and (b) of this chapter; and
</P>
<P>(5) Issuance of findings concerning whether there are significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations on Federal lands within a national forest, as specified in § 761.11(b) of this chapter.
</P>
<P>(b) OSM is responsible for:
</P>
<P>(1) Providing a decision document recommending to the Secretary approval, disapproval or conditional approval of mining plans and of modifications thereto;
</P>
<P>(2) Approval of experimental practices on Federal lands;
</P>
<P>(3) Inspection, enforcement and civil penalties with respect to surface coal mining and reclamation operations on Federal lands except as provided in paragraph (c)(5) of this section;
</P>
<P>(4) Processing citizen requests for Federal inspections on Federal lands in accordance with parts 842, 843 and 845 of this chapter; and
</P>
<P>(5) Overseeing the State regulatory authority's administration and enforcement of the State program on Federal lands pursuant to the terms of any cooperative agreement.
</P>
<P>(c) The following responsibilities of OSM may be delegated to a State regulatory authority under a cooperative agreement:
</P>
<P>(1) Review and approval, conditional approval of disapproval or permit applications for surface coal mining and reclamation operations on Federal lands, revisions or renewals thereof, and applications for the transfer, sale or assignment of such permits;
</P>
<P>(2) Consultation with and obtaining the consent, as necessary, of the Federal land management agency with respect to post-mining land use and to any special requirements necessary to protect non-coal resources of the areas affected by surface coal mining and reclamation operations;
</P>
<P>(3) Consultation with and obtaining the consent, as necessary, of the Bureau of Land Management with respect to requirements relating to the development, production and recovery of mineral resources on lands affected by surface coal mining and reclamation operations involving leased Federal coal pursuant to 43 CFR Group 3400;
</P>
<P>(4) Approval and release of performance bonds, liability insurance and, as applicable, Federal lessee protection bonds required for surface coal mining and reclamation operations on Federal lands. Approval and release of Federal lessee protection bonds requires the concurrence of the Federal land management agency; 
</P>
<P>(5) Responsibilities of the regulatory authority with respect to inspection, enforcement and civil penalty activities for (i) exploration operations not subject to 43 CFR Group 3400, and (ii) surface coal mining and reclamation operations on Federal lands;
</P>
<P>(6) Review and approval of exploration operations not subject to the requirements of 43 CFR Group 3400; and
</P>
<P>(7) Preparation of documentation to comply with the requirements of the National Environmental Policy Act (42 U.S.C. 4321 <I>et seq.</I>), except, OSM continues to be responsible for:
</P>
<P>(i) Determining the scope, content and format and ensuring the objectivity of NEPA compliance documents;
</P>
<P>(ii) Making the determination of whether or not the preparation of an environmental impact statement is required.
</P>
<P>(iii) Notifying and soliciting views of other State and Federal agencies, as appropriate, on the environmental effects of the proposed action;
</P>
<P>(iv) Publishing and distributing draft and final NEPA compliance documents;
</P>
<P>(v) Making policy responses to comments on draft NEPA compliance documents; 
</P>
<P>(vi) Independently evaluating NEPA compliance documents; and
</P>
<P>(vii) Adopting NEPA compliance documents and determining Federal actions to be taken on alternatives presented in such documents.
</P>
<P>(d) The Bureau of Land Management is responsible for:
</P>
<P>(1) Receiving and approving exploration plans pursuant to 43 CFR Group 3400;
</P>
<P>(2) Inspection, enforcement and civil penalties with respect to the terms and conditions of coal exploration licenses issued pursuant to 43 CFR Group 3400;
</P>
<P>(3) Inspection, enforcement and civil penalties with respect to the terms and conditions of exploration operations subject to 43 CFR Group 3400;
</P>
<P>(4) Reviewing the resource recovery and protection plan and modifications thereto, as required by 43 CFR Group 3400 and recommending to the Secretary approval, disapproval or conditional approval of the resource recovery and protection plan;
</P>
<P>(5) Inspection, enforcement and civil penalties with respect to the recovery and protection of the coal resource as required by 43 CFR Group 3400;
</P>
<P>(6) Protecting mineral resources not included in the coal lease;
</P>
<P>(7) Issuance of exploration licenses for Federal coal subject to the requirements of 43 CFR Group 3400;
</P>
<P>(8) Issuance of leases and licenses to mine Federal coal subject to the requirements of 43 CFR Group 3400; and
</P>
<P>(9) Issuance, readjustment, modification, termination, cancellation, and approval of transfers of Federal coal leases pursuant to the Mineral Leasing Act and the Mineral Leasing Act for Acquired Lands of 1947, as amended, 30 U.S.C. 351 <I>et seq.</I>
</P>
<P>(e) The Federal land management agency is responsible for:
</P>
<P>(1) Determining post-mining land uses; 
</P>
<P>(2) Protection of non-mineral resources;
</P>
<P>(3) Requiring such conditions as may be appropriate to regulate surface coal mining and reclamation operations under other provisions of law applicable to such lands under its jurisdiction; and
</P>
<P>(4) Where land containing leased Federal coal is under the surface jurisdiction of a Federal agency other than the Department, concur in the terms of the mining plan approval.
</P>
<CITA TYPE="N">[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983; 55 FR 9401, Mar. 13, 1990; 64 FR 70830, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 740.5" NODE="30:3.0.1.4.22.0.1.3" TYPE="SECTION">
<HEAD>§ 740.5   Definitions.</HEAD>
<P>(a) As used in this subchapter, the term:
</P>
<P><I>Authorized officer</I> means any person authorized to take official action on behalf of a Federal agency that has administrative jurisdiction over Federal lands.
</P>
<P><I>Coal lease</I> means a Federal coal lease or license issued by the Bureau of Land Management pursuant to the Mineral Leasing Act and the Federal Acquired Lands Leasing Act of 1947 (30 U.S.C. 351 <I>et seq.</I>).
</P>
<P><I>Cooperative agreement</I> means a cooperative agreement entered into in accordance with section 523(c) of the Act and part 745 of this chapter.
</P>
<P><I>Federal land management agency</I> means a Federal agency having administrative jurisdiction over the surface of Federal lands that are subject to these regulations.
</P>
<P><I>Federal lease bond</I> means the bond or equivalent security required by 43 CFR part 3400 to assure compliance with the terms and conditions of a Federal coal lease.
</P>
<P><I>Federal lessee protection bond</I> means a bond payable to the United States or the State, whichever is applicable, for use and benefit of a permittee or lessee of the surface lands to secure payment of any damages to crops or tangible improvements on Federal lands, pursuant to section 715 of the Act.
</P>
<P><I>Lease terms, conditions and stipulations</I> means all of the standard provisions of a Federal coal lease, including provisions relating to lease duration, fees, rentals, royalties, lease bond, production and recordkeeping requirements, and lessee rights of assignment, extension, renewal, termination and expiration, and site-specific requirements included in Federal coal leases in addition to other terms and conditions which relate to protection of the environment and of human, natural and mineral resources.
</P>
<P><I>Leased Federal coal</I> means coal leased by the United States pursuant to 43 CFR part 3400, except mineral interests in coal on Indian lands.
</P>
<P><I>Mineral Leasing Act</I> or <I>MLA</I> means the Mineral Leasing Act of 1920, as amended, 30 U.S.C. 181, <I>et seq.</I> 
</P>
<P><I>Mining plan</I> means the plan for mining leased Federal coal required by the Mineral Leasing Act.
</P>
<P><I>Permit application package</I> means a proposal to conduct surface coal mining and reclamation operations on Federal lands, including an application for a permit, permit revision or permit renewal, all the information required by the Act, this subchapter, the applicable State program, any applicable cooperative agreement and all other applicable laws and regulations including, with respect to leased Federal coal, the Mineral Leasing Act and its implementing regulations.
</P>
<P><I>Regulatory authority</I> means the State regulatory authority pursuant to a cooperative agreement approved under part 745 of this chapter or, in the absence of a cooperative agreement, OSM.
</P>
<P><I>TVA-owned lands</I> means land owned by the United States and entrusted to or managed by the Tennessee Valley Authority.
</P>
<P>(b) The following terms shall have meanings as set forth in 43 CFR parts 3400: Exploration; exploration plan; maximum economic recovery; method of operation; mine; and resource recovery and protection plan.
</P>
<CITA TYPE="N">[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 740.10" NODE="30:3.0.1.4.22.0.1.4" TYPE="SECTION">
<HEAD>§ 740.10   Information collection.</HEAD>
<P>(a) In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of this part. The OMB clearance number is 1029-0027. This information is needed to implement section 523 of the Act, which governs surface coal mining operations on Federal lands. Persons intending to conduct such operations must respond to obtain a benefit.
</P>
<P>(b) OSM estimates that the public reporting burden for this part will average 26 hours per respondent, including time spent reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of these information collection requirements, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951 Constitution Avenue, NW, Washington, DC 20240; and the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Interior Desk Officer, 725 17th Street, N.W, Washington, DC 20503. Please refer to OMB Control Number 1029-0027 in any correspondence.
</P>
<CITA TYPE="N">[64 FR 70831, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 740.11" NODE="30:3.0.1.4.22.0.1.5" TYPE="SECTION">
<HEAD>§ 740.11   Applicability.</HEAD>
<P>(a) Except as provided in paragraph (g) of this section, both this subchapter and the pertinent State or Federal regulatory program in subchapter T of this chapter apply to:
</P>
<P>(1) Coal exploration operations on Federal lands not subject to 43 CFR part 3400, and
</P>
<P>(2) Surface coal mining and reclamation operations taking place on any Federal lands as defined in § 700.5 of this chapter, and lands (except Indian lands) over leased or unleased Federal minerals.
</P>
<P>(b) Where OSM is the regulatory authority, references in the State program to the State or an agency or official of the State (with respect to functions of the State acting as regulatory authority) shall be construed as referring to OSM.
</P>
<P>(c) Where the Secretary and a State have entered into a cooperative agreement, the cooperative agreement shall delineate the responsibilities of the Secretary and the State with respect to the administration of the regulatory program and this subchapter. 
</P>
<P>(d) Nothing in this subchapter shall affect in any way the authority of the Secretary or any Federal land management agency to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations under provisions of law other than the Act on land under their jurisdiction.
</P>
<P>(e) This subchapter shall not apply to surface coal mining and reclamation operations within a State prior to approval or promulgation of a regulatory program for the State.
</P>
<P>(f) Where coal exploration or surface coal mining and reclamation operations within a State are on Federal lands and where no State or Federal program has been approved for the State, this subchapter shall apply in that State upon the effective date of these regulations.
</P>
<P>(g) The definition of valid existing rights in § 761.5 of this chapter applies to any decision on a request for a determination of valid existing rights to conduct surface coal mining operations on the lands specified in § 761.11(a) and (b) of this chapter.
</P>
<CITA TYPE="N">[48 FR 6935, Feb. 16, 1983; 48 FR 13985, Apr. 1, 1983, as amended at 48 FR 44779, Sept. 30, 1983; 55 FR 9402, Mar. 13, 1990; 64 FR 70831, Dec. 17, 1999; 75 FR 60275, Sept. 29, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 740.13" NODE="30:3.0.1.4.22.0.1.6" TYPE="SECTION">
<HEAD>§ 740.13   Permits.</HEAD>
<P>(a) <I>General requirements.</I> (1) No person shall conduct surface coal mining operations on lands subject to this part unless that person has first obtained a permit issued pursuant to the regulatory program and this part.
</P>
<P>(2) Every person conducting surface coal mining and reclamation operations on lands subject to this part shall comply with the terms and conditions of the permit and the lease or license, the Act, this subchapter, the regulatory program and all other applicable State and Federal laws and regulations.
</P>
<P>(3) Surface coal mining operations authorized under the initial regulatory program or 43 CFR parts 3400, as applicable, may be conducted beyond the eight-month period prescribed in the applicable regulatory program if all of the following conditions are present:
</P>
<P>(i) A timely and administratively complete application for a permit to conduct those operations under this part has been made to the regulatory authority in accordance with the provisions of this part and the applicable regulatory program;
</P>
<P>(ii) The regulatory authority has not yet rendered a final decision with respect to the permit application; and
</P>
<P>(iii) Those operations are conducted in compliance with all terms and conditions of the initial regulatory program approval or permit, the requirements of the Act. 30 CFR chapter VII, subchapter B or 43 CFR parts 3400, as applicable, applicable State laws and regulations, and the requirements of the applicable lease or license. 
</P>
<P>(b) <I>Permit application package.</I> (1) Each application for a permit, or permit revision or renewal thereof to conduct surface coal mining and reclamation operations on lands subject to this part shall be accompanied by a fee made payable to the regulatory authority. The amount of the fee shall be determined in accordance with the permit fee criteria of the applicable regulatory program.
</P>
<P>(2) Unless specified otherwise by the regulatory authority, seven copies of the complete permit application package shall be filed with the regulatory authority.
</P>
<P>(3) Each permit application package shall include:
</P>
<P>(i) The information required for a permit application or for an application for revision or renewal of a permit under the applicable regulatory program;
</P>
<P>(ii) The resource recovery and protection plan required by 43 CFR parts 3400 for operations on lands containing leased Federal coal; and
</P>
<P>(iii) Where OSM is the regulatory authority or where the proposed operations are on lands containing leased Federal coal, the following supplemental information to ensure compliance with Federal laws and regulations other than the Act:
</P>
<P>(A) A description of the affected area of the proposed surface coal mining and reclamation operation with respect to: (<I>1</I>) Increases in employment, population and revenues to public and private entities, and (<I>2</I>) the ability of public and private entities to provide goods and services necessary to support surface coal mining and reclamation operations.
</P>
<P>(B) An evaluation of impacts to the scenic and aesthetic resources, including noise on the surrounding area, due to the proposed surface coal mining and reclamation operation.
</P>
<P>(C) A statement, including maps and ownership data as appropriate, of any cultural or historical sits listed on the National Register of Historic Places within the affected area of the proposed surface coal mining and reclamation operation.
</P>
<P>(D) A statement of the classes of properties of potential significance within the disturbed area, and a plan for the identification and treatment, in accordance with 36 CFR part 800, of properties significant and listed or eligible for listing on the National Register of Historic Places within the disturbed area of the proposed surface coal mining and reclamation operation.
</P>
<P>(E) A description of the probable changes in air quality resulting from the mining operation and any necessary measures to comply with prevention of significant deterioration limitations, State Implementation Plans, or other Federal or State laws for air quality protection.
</P>
<P>(F) A description of the location, acreage and condition of important habitats of selected indicator species located within the affected area of the proposed surface coal mining and reclamation operation. 
</P>
<P>(G) A description of active and inactive nests and prey areas of any Bald or Golden eagles located within the affected area of the proposed surface coal mining and reclamation operations.
</P>
<P>(H) A description of all threatened and endangered species and their critical habitats located within the affected area of the proposed surface coal mining and reclamation operations.
</P>
<P>(4) Where the surface of the Federal lands is subject to a lease or permit issued by the Federal government to a person other than the applicant, the permit application package shall contain information sufficient to demonstrate compliance with the requirements of § 740.15(c)(1). This requirement shall not apply to TVA-owned lands.
</P>
<P>(c) <I>Permit review and processing.</I> Applications for permits, permit revisions or renewals thereof to conduct surface coal mining and reclamation operations on lands subject to this part shall be reviewed and processed in accordance with the requirements of the applicable regulatory program, subject to the following additional requirements:
</P>
<P>(1) <I>Permit terms and conditions.</I> Permits shall include, as applicable, terms and conditions required by the lease issued pursuant to the Mineral Leasing Act and by other applicable Federal laws and regulations.
</P>
<P>(2) <I>Criteria for permit approval or denial.</I> The regulatory authority shall not approve an application for a permit, or permit revision or renewal thereof for surface coal mining and reclamation operations on lands subject to this part unless the application is in accordance with the requirements of the applicable regulatory program and this part or a cooperative agreement, as applicable.
</P>
<P>(3) <I>Public participation in permit review process.</I> Where public hearings were held and determinations made under section 2(a)(3) (A), (B) and (C) of the Mineral Leasing Act (30 U.S.C. 201(a)(3) (A), (B) and (C)), such hearings may be made a part of the record of each public hearing on a permit application held pursuant to the requirements of the applicable regulatory program and this part. Matters covered at such hearings and determinations made at such hearings need not be readdressed. 
</P>
<P>(4) <I>Permit review processing for operations on lands administered by a Federal land management agency.</I> Upon receipt of a permit application package or a proposed revision or renewal of an approved permit that involves surface coal mining and reclamation operations on lands administered by an agency of the Federal Government, the regulatory authority shall transmit a copy of the complete permit application package, or proposed revision or renewal thereof, to the Federal land management agency, with a request for review and comment.
</P>
<P>(5) <I>Consultation with other Federal agencies.</I> Prior to approving or disapproving a permit, permit revision or renewal thereof, the regulatory authority shall consider the comments of the Federal land management agency and include these comments in the record of permit decisions.
</P>
<P>(6) <I>Permit processing schedule.</I> The regulatory authority shall process the permit application package within the time schedule established by the applicable regulatory program, except that the schedule may be extended if necessary to ensure compliance with Federal laws and regulations other than the Act.
</P>
<P>(7) <I>Determination of operator compliance with the Act.</I> Where OSM is the regulatory authority, it shall afford the applicant or operator an opportunity for an adjudicatory hearing as provided in 43 CFR part 4 prior to a final determination on whether the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature and duration and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act.
</P>
<P>(8) <I>Administrative review of decisions on permit applications.</I> Where OSM is the regulatory authority, the final decision on a permit application is subject to an appeal to the Department's Office of Hearings and Appeals as provided in part 775 of this chapter. Where the State is the regulatory authority under a cooperative agreement, the final decision on a permit application is subject to administrative review as provided under the approved State program.
</P>
<P>(9) <I>Bonds and insurance required for issuance of permits.</I> After the approval of an application for a new or revised permit or for renewal of an existing permit, but prior to issuance of such permit, the applicant/permittee shall file with the regulatory authority: (i) A performance bond which meets the requirements of the applicable regulatory program; (ii) proof of liability insurance in accordance with the applicable regulatory program; and (iii) where required, evidence of the execution of a Federal lessee protection bond. Bonds required to be filed with OSM shall be in a form required by OSM and made payable to the United States.
</P>
<P>(d) <I>Review of permit revisions.</I> (1) Where the State is the regulatory authority for surface coal mining and reclamation operations on lands subject to this subchapter, it shall inform OSM of each request for a permit revision with respect to operations on lands containing leased Federal coal.
</P>
<P>(2) OSM shall review each permit revision in consultation with the Bureau of Land Management and the appropriate Federal land management agency to determine whether the permit revision constitutes a mining plan modification requiring the Secretary's approval under § 746.18 of this chapter.
</P>
<P>(3) The regulatory authority shall consult with the Federal land management agency to determine whether any permit revision will adversely affect Federal resources other than coal and whether the revision is consistent with that agency's land use plans for other Federal laws, regulations and executive orders for which it is responsible.
</P>
<P>(e) <I>Transfer, assignment or sale of rights.</I> (1) The regulatory authority, before approving or disapproving an application for transfer, assignment or sale of rights granted under a permit issued pursuant to this subchapter, shall consult with the appropriate Federal land management agency and the Bureau of Land Management, as applicable.
</P>
<P>(2) Approval of a transfer, assignment or sale of rights granted under a permit issued pursuant to this subchapter shall not be construed to constitute a transfer or assignment of leasehold interests. Leasehold interests may be transferred or assigned only in accordance with 43 CFR part 3453.
</P>
<P>(f) <I>Suspension or revocation of permits.</I> (1) A permit to conduct surface coal mining and reclamation operations on Federal lands may be suspended or revoked by the regulatory authority in accordance with part 843 of this chapter and the applicable regulatory program.
</P>
<P>(2) If a permit to conduct surface coal mining and reclamation operations on lands containing leased Federal coal is suspended or revoked, the regulatory authority shall notify the Bureau of Land Management so that the Bureau of Land Management can determine whether action should be taken to cancel the Federal lease. This section does not release the Federal lessee from the diligent development or continued operation requirements of 43 CFR parts 3400.
</P>
<CITA TYPE="N">[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983; 54 FR 13822, Apr. 5, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 740.15" NODE="30:3.0.1.4.22.0.1.7" TYPE="SECTION">
<HEAD>§ 740.15   Bonds on Federal lands.</HEAD>
<P>(a) <I>Federal lease bonds.</I> (1) Each holder of a Federal coal lease that is covered by a Federal lease bond required under 43 CFR part 3474 may apply to the authorized officer for release of liability for that portion of the Federal lease bond that covers reclamation requirements.
</P>
<P>(2) The authorized officer may release the liability for that portion of the Federal lease bond that covers reclamation requirements if:
</P>
<P>(i) The lessee has secured a suitable performance bond covering the permit area under this part;
</P>
<P>(ii) There are no pending actions or unresolved claims against existing bonds; and
</P>
<P>(iii) The authorized officer has received concurrence from OSM and the Bureau of Land Management.
</P>
<P>(b) <I>Performance bonds.</I> Where the State is the regulatory authority under a cooperative agreement, the performance bonds required for operations on Federal lands shall be made payable to the United States and the State. Where OSM is the regulatory authority, such bonds shall be payable only to the United States.
</P>
<P>(c) <I>Federal lessee protection bonds.</I> (1) Where leased Federal coal is to be mined and the surface of the land is subject to a lease or permit issued by the United States for purposes other than surface coal mining, the applicant for a mining permit, if unable to obtain the written consent of the permittee or lessee of the surface to enter and commence surface coal mining operations, shall submit to the regulatory authority with his application evidence of execution of a bond or undertaking which meets the requirements of this section. The Federal lessee protection bond is in addition to the performance bond required by a regulatory program. This section does not apply to permits or licenses for the use of the surface that do not convey to the permittee or licensee the right of transfer, sale or consent to other uses.
</P>
<P>(2) The bond shall be payable to the United States and, as applicable, the State for the use and benefit of the permittee or lessee of the surface lands involved.
</P>
<P>(3) The bond shall secure payment to the surface estate for any damage which the surface coal mining and reclamation operation causes to the crops or tangible improvements of the permittee or lessee of the surface lands.
</P>
<P>(4) The amount of the bond shall be determined either by the applicant and the Federal lessee or permittee or as determined in an action brought against the person conducting surface coal mining and reclamation operations or upon the bond in a court of competent jurisdiction.
</P>
<P>(d) <I>Release of bonds.</I> (1) A Federal lease bond may be released upon satisfactory compliance with all applicable requirements of 43 CFR Group 3400 and after the release is concurred in by the Bureau of Land Management.
</P>
<P>(2) A Federal lessee protection bond shall be released upon the written consent of the permittee or lessee.
</P>
<P>(3) Where surface coal mining and reclamation operations are subject to an approved mining plan, a performance bond shall be released by the State after the release is concurred in by OSM.
</P>
<CITA TYPE="N">[48 FR 6935, Feb. 16, 1983; 48 FR 13985, Apr. 1, 1983, as amended at 48 FR 44779, Sept. 30, 1983; 55 FR 9402, Mar. 13, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 740.17" NODE="30:3.0.1.4.22.0.1.8" TYPE="SECTION">
<HEAD>§ 740.17   Inspection, enforcement and civil penalties.</HEAD>
<P>(a) <I>General requirements.</I> (1) Where OSM is the regulatory authority, parts 840, 842, 843 and 845 of this chapter shall govern its inspection, enforcement and civil penalty activities with respect to surface coal mining and reclamation operations on Federal lands.
</P>
<P>(2) Where the State is the regulatory authority under a cooperative agreement, the State program shall govern inspection, enforcement and civil penalty activities by the regulatory authority with respect to surface coal mining and reclamation operations on Federal lands, while the requirements of part 842, 843 and 845 of this chapter shall govern OSM inspection, enforcement and civil penalty activities conducted in oversight of the State program.
</P>
<P>(3) The requirements of this section shall not apply to coal exploration on Federal lands subject to the requirements of 43 CFR parts 3400.
</P>
<P>(b) <I>Right of entry.</I> (1) Persons engaging in coal exploration or surface coal mining and reclamation operations on Federal lands shall provide access for any authorized officer of OSM, the regulatory authority, and, as applicable, the Bureau of Land Management or the appropriate Federal land management agency to inspect the operations, without advance notice or a search warrant and upon presentation of appropriate credentials, to determine whether the operations are in compliance with all applicable laws, regulations, notices and orders, and terms and conditions of the permit.
</P>
<P>(2) Any authorized representative of the regulatory authority and, as applicable, the Bureau of Land Management may, at reasonable times and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under the Act, this subchapter and the permit, lease, license or mining plan in accordance with paragraph (a) of this section. 
</P>
<P>(3) No search warrant shall be required with respect to any activity under paragraph (a) or (b) of this section, except entry into a building without consent of the person in control of the building.
</P>
<P>(c) <I>Inspections.</I> Inspections shall, to the extent practical, be conducted jointly if more than one government agency is involved. The regulatory authority shall coordinate inspections by Federal agencies and may request the participation of representatives from other Federal agencies when necessary to ensure compliance with this subchapter and other applicable Federal laws, regulations and orders.
</P>
<CITA TYPE="N">[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983] 


</CITA>
</DIV8>


<DIV8 N="§ 740.19" NODE="30:3.0.1.4.22.0.1.9" TYPE="SECTION">
<HEAD>§ 740.19   Performance standards.</HEAD>
<P>(a) <I>Operations and reclamation.</I> (1) Surface coal mining and reclamation operations on lands subject to this part shall be conducted in accordance with the performance standards of the applicable regulatory program.
</P>
<P>(2) Surface coal mining and reclamation operations on lands containing leased Federal coal shall be conducted in accordance with the requirements of the terms, conditions and stipulations of the lease issued under the Mineral Leasing Act and its implementing regulations in 43 CFR parts 3400, as applicable, and the mining plan.
</P>
<P>(b) <I>Completion of operations and abandonment.</I> (1) Upon completion of operations, bonds shall be released in accordance with § 740.15(d) of this chapter.
</P>
<P>(2) Where there is a Federal lease bond:
</P>
<P>(i) Not less than 30 days prior to permanent cessation or abandonment of surface coal mining and reclamation operations, the person conducting those operations shall submit to OSM, in duplicate, a notice of intention to cease or abandon those operations, with a statement of the number of acres affected by the operations, the extent and kind of reclamation accomplished and the structures and other facilities that are to be removed from or remain on the permit area.
</P>
<P>(ii) Upon receipt of this notice, the Bureau of Land Management and the appropriate Federal land management agency shall promptly make joint inspections to determine whether all operations have been completed in accordance with the requirements of 43 CFR parts 3400, the lease or licenses and the mining plan. Where all of these requirements have been complied with, the liability under the lease bond of the person conducting surface coal mining and reclamation operations shall be terminated.
</P>
<P>(3) Where OSM is the regulatory authority, public hearings held with respect to final abandonment and releases of the performance bonds shall be in accordance with 5 U.S.C. 554 and 43 CFR part 4.
</P>
<CITA TYPE="N">[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="745" NODE="30:3.0.1.4.23" TYPE="PART">
<HEAD>PART 745—STATE-FEDERAL COOPERATIVE AGREEMENTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and 30 U.S.C. 181 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 6939, Feb. 16, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 745.1" NODE="30:3.0.1.4.23.0.1.1" TYPE="SECTION">
<HEAD>§ 745.1   Scope.</HEAD>
<P>This part sets forth requirements for the development, approval and administration of cooperative agreements under section 523(c) of the Act.


</P>
</DIV8>


<DIV8 N="§ 745.10" NODE="30:3.0.1.4.23.0.1.2" TYPE="SECTION">
<HEAD>§ 745.10   Information collection.</HEAD>
<P>(a) In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of this part. The OMB clearance number is 1029-0092. This information is needed to implement section 523(c) of the Act, which allows States to regulate surface coal mining operations on Federal lands under certain conditions. States that desire to enter into cooperative agreements to do so must respond to obtain a benefit.
</P>
<P>(b) OSM estimates that the public reporting burden for this part will average 1,364 hours per respondent, including time spent reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of these information collection requirements, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951 Constitution Avenue, N.W., Washington, DC 20240; and the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Interior Desk Officer, 725 17th Street, N.W., Washington, DC 20503. Please refer to OMB Control Number 1029-0092 in any correspondence.
</P>
<CITA TYPE="N">[64 FR 70831, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 745.11" NODE="30:3.0.1.4.23.0.1.3" TYPE="SECTION">
<HEAD>§ 745.11   Application and agreement.</HEAD>
<P>(a) The Governor of any State may request that the Secretary enter into a cooperative agreement with the State, provided the State has an approved State regulatory program or has submitted a regulatory program for approval under part 731 of this chapter, and has or may have within the State surface coal mining and reclamation operations on Federal lands.
</P>
<P>(b) A request for a cooperative agreement shall be submitted in writing and, except to the extent previously submitted in the State program, shall include the following information:
</P>
<P>(1) Information sufficient for OSM to make findings in accordance with paragraph (f) of this section;
</P>
<P>(2) A proposed agreement consistent with the requirements of this part; and
</P>
<P>(3) A certification by the Attorney General or the chief legal officer of the State regulatory authority that no State statutory, regulatory or legal constraint exists which would preclude the State regulatory authority from fully carrying out the proposed cooperative agreement.
</P>
<P>(c) OSM shall publish a notice of the request and the full text of the terms of the proposed cooperative agreement as submitted or as subsequently modified by OSM and the State in the <E T="04">Federal Register</E> as a proposed rule. A notice of the request and a summary of the terms of the proposed agreement shall also be published in a newspaper(s) of general circulation throughout the State. Both notices shall include:
</P>
<P>(1) The location at which a copy of the request submitted by the State may be obtained; and
</P>
<P>(2) A date, not less than 30 days after publication of the notices, before which members of the public may submit written comments on the request and the person to whom comments should be addressed.
</P>
<P>(d) A public hearing shall be held within the comment period in a suitable location in the State requesting the cooperative agreement. This hearing may be combined with public hearings required under part 732 of this chapter for the Secretary's consideration of approval of a State program submission, if appropriate. The date, time and place of the public hearing(s) on the request will be published in the <E T="04">Federal Register</E> not less than 15 days prior to the date of the hearing.
</P>
<P>(e) Before the expiration of the comment period, OSM shall consult with the Bureau of Land Management, Fish and Wildlife Service, and Federal land management agencies, as appropriate, with respect to the proposed cooperative agreement.
</P>
<P>(f) OSM shall recommend to the Secretary that a cooperative agreement be entered into with a State, if OSM finds that:
</P>
<P>(1) The State has an approved State regulatory program;
</P>
<P>(2) The State regulatory authority has sufficient budget, equipment and personnel to enforce fully its regulatory program on lands subject to this part in the State; and
</P>
<P>(3) The State has the legal authority to enter into the cooperative agreement.
</P>
<P>(g) The Secretary shall publish in the <E T="04">Federal Register</E> his or her decision with respect to a request by a State to enter into a cooperative agreement and the reasons therefor and the full text of the cooperative agreement.


</P>
</DIV8>


<DIV8 N="§ 745.12" NODE="30:3.0.1.4.23.0.1.4" TYPE="SECTION">
<HEAD>§ 745.12   Terms.</HEAD>
<P>Each cooperative agreement shall include:
</P>
<P>(a) Terms obligating the State regulatory authority to inspect all surface coal mining and reclamation operations on Federal lands in accordance with the State regulatory program and to enforce the State program on Federal lands;
</P>
<P>(b) A description of the powers and authority reserved by the Secretary, including, but not limited to, those specified under § 745.13;
</P>
<P>(c) Provisions for the administration and enforcement by OSM and the State of this subchapter so as to minimize overlap and duplication;
</P>
<P>(d) Provisions for regular reports by the State regulatory authority to OSM on the results of the State's implementation and administration of the cooperative agreement.
</P>
<P>(e) Terms requiring the State regulatory authority to maintain sufficient personnel and facilities to comply with the terms of the cooperative agreement, and to notify OSM of any substantial change in State statutes, regulations, funding, staff, or other changes which would affect the State's ability to carry out the terms of the cooperative agreement;
</P>
<P>(f) Terms for coordination among the State regulatory authority, the Federal land management agency, the Bureau of Land Management and OSM;
</P>
<P>(g) Terms obligating the State regulatory authority to—
</P>
<P>(1) Make available to OSM information on any action taken regarding any permit application for surface coal mining and reclamation operations on Federal lands; and
</P>
<P>(2) Where lands containing leased Federal coal are involved, provide OSM, in the form specified by OSM in consultation with the State, with written findings indicating that each permit application is in compliance with the terms of the regulatory program and a technical analysis of each permit application to assist OSM in meeting its responsibilities under other applicable Federal laws and regulations.


</P>
</DIV8>


<DIV8 N="§ 745.13" NODE="30:3.0.1.4.23.0.1.5" TYPE="SECTION">
<HEAD>§ 745.13   Authority reserved by the Secretary.</HEAD>
<P>The Secretary shall not delegate to any State, nor shall any cooperative agreement under this part be construed to delegate to any State, authority to—
</P>
<P>(a) Designate Federal lands as unsuitable for surface coal mining under subchapter F of this chapter or terminate such designations;
</P>
<P>(b) Comply with the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 <I>et seq.,</I> and Federal laws and regulations other than SMCRA;
</P>
<P>(c) Develop land use management plans for Federal lands where the surface estate is federally-owned;
</P>
<P>(d) Regulate non-coal mining activities on Federal lands;
</P>
<P>(e) Determine when, where, and how to lease Federal coal and how much to lease;
</P>
<P>(f) Develop terms for Federal coal leases, including any special terms relating to mining and reclamation procedures;
</P>
<P>(g) Evaluate Federal coal resources;
</P>
<P>(h) Establish royalties, rents, and bonuses charged in connection with Federal coal leases;
</P>
<P>(i) Approve mining plans or modifications thereto;
</P>
<P>(j) Enforce Federal lease terms, including diligent development and maximum economic recovery requirements; 
</P>
<P>(k) Approve or determine post-mining land uses for Federal lands where the surface estate is federally-owned;
</P>
<P>(l) Release Federal lease bonds;
</P>
<P>(m) Evaluate the State's administration and enforcement of the approved State program and implementation of the cooperative agreement on Federal lands;
</P>
<P>(n) Comply with the inspection, enforcement and civil penalties requirements of parts 842 and 843 of this chapter except as provided under § 740.4(c)(5) of this chapter;
</P>
<P>(o) Determine whether a person has valid existing rights to conduct surface coal mining operations on Federal lands within the areas specified in § 761.11(a) and (b) of this chapter; or
</P>
<P>(p) Issue findings on whether there are significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations on Federal lands within a national forest, as specified in § 761.11(b) of this chapter.
</P>
<CITA TYPE="N">[48 FR 6939, Feb. 16, 1983, as amended at 64 FR 70831, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 745.14" NODE="30:3.0.1.4.23.0.1.6" TYPE="SECTION">
<HEAD>§ 745.14   Amendments.</HEAD>
<P>A cooperative agreement which has been approved pursuant to § 745.11 may be amended by mutual agreement of the Secretary and the Governor of a State. Amendments shall be adopted by Federal rulemaking, in accordance with § 745.11. 


</P>
</DIV8>


<DIV8 N="§ 745.15" NODE="30:3.0.1.4.23.0.1.7" TYPE="SECTION">
<HEAD>§ 745.15   Termination.</HEAD>
<P>(a) A cooperative agreement may be terminated by the State upon written notice to the Secretary, specifying the date upon which the cooperative agreement shall be terminated. The date of termination shall not be less than 90 days from the date of the notice. 
</P>
<P>(b) A cooperative agreement may be terminated by the Secretary after giving notice to the State regulatory authority and affording the State regulatory authority and the public an opportunity for a public hearing and comment period, in accordance with the cooperative agreement, if the Secretary finds that:
</P>
<P>(1) The State regulatory authority has substantially failed to comply with the requirements of this subchapter, the State program, or the cooperative agreement, or
</P>
<P>(2) The State regulatory authority has failed to comply with any undertaking by the State in the cooperative agreement upon which approval of the State program, cooperative agreement, or grant by OSM for administration or enforcement of the State program or cooperative agreement was based. 
</P>
<P>(c) A cooperative agreement shall terminate—
</P>
<P>(1) When no longer authorized by Federal law or the applicable State laws and regulations; or
</P>
<P>(2) Upon termination or withdrawal of the Secretary's approval of the applicable State program.


</P>
</DIV8>


<DIV8 N="§ 745.16" NODE="30:3.0.1.4.23.0.1.8" TYPE="SECTION">
<HEAD>§ 745.16   Reinstatement.</HEAD>
<P>(a) A State may apply for reinstatement of the cooperative agreement by providing written evidence to OSM that the State has remedied all defects for which the agreement was terminated and is fully capable of carrying out the cooperative agreement. Any reinstatement shall be by Federal rulemaking in accordance with § 745.11.
</P>
<P>(b) OSM may recommend approval of the reinstatement to the Secretary if it finds that the State meets all the requirements for the initial approval of a cooperative agreement under this subchapter.
</P>
<P>(c) The Secretary may approve reinstatement of a cooperative agreement if the Secretary concurs in findings of OSM which recommended that approval.


</P>
</DIV8>

</DIV5>


<DIV5 N="746" NODE="30:3.0.1.4.24" TYPE="PART">
<HEAD>PART 746—REVIEW AND APPROVAL OF MINING PLANS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and 30 U.S.C. 181 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 6941, Feb. 16, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 746.1" NODE="30:3.0.1.4.24.0.1.1" TYPE="SECTION">
<HEAD>§ 746.1   Scope.</HEAD>
<P>This part provides the process and requirements for the review and approval, disapproval or conditional approval of mining plans on lands containing leased Federal coal.


</P>
</DIV8>


<DIV8 N="§ 746.10" NODE="30:3.0.1.4.24.0.1.2" TYPE="SECTION">
<HEAD>§ 746.10   Information collection.</HEAD>
<P>The information collection requirements contained in this section have been approved by OSM of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0026. The information is being collected to determine compliance with section 523 of the Act (30 U.S.C. 1273) and this part. The obligation to respond to the information collection requirements of this part is mandatory.


</P>
</DIV8>


<DIV8 N="§ 746.11" NODE="30:3.0.1.4.24.0.1.3" TYPE="SECTION">
<HEAD>§ 746.11   General requirements.</HEAD>
<P>(a) No person shall conduct surface coal mining and reclamation operations on lands containing leased Federal coal until the Secretary has approved the mining plan.
</P>
<P>(b) Surface coal mining and reclamation operations on lands containing leased Federal coal shall be conducted in accordance with a permit issued in accordance with this subchapter, any lease terms and conditions, and the approved mining plan.


</P>
</DIV8>


<DIV8 N="§ 746.13" NODE="30:3.0.1.4.24.0.1.4" TYPE="SECTION">
<HEAD>§ 746.13   Decision document and recommendation on mining plan.</HEAD>
<P>OSM shall prepare and submit to the Secretary a decision document recommending approval, disapproval or conditional approval of the mining plan to the Secretary. The recommendation shall be based, at a minimum, upon:
</P>
<P>(a) The permit application package, including the resource recovery and protection plan;
</P>
<P>(b) Information prepared in compliance with the National Environmental Policy Act of 1969, 42 U.S.C. 4321, <I>et seq.;</I>
</P>
<P>(c) Documentation assuring compliance with the applicable requirements of other Federal laws, regulations and executive orders other than the Act;
</P>
<P>(d) Comments and recommendations or concurrence of other Federal agencies, as applicable, and the public;
</P>
<P>(e) The findings and recommendations of the Bureau of Land Management with respect to the resource recovery and protection plan and other requirements of the lease and the Mineral Leasing Act;
</P>
<P>(f) The findings and recommendations of the regulatory authority with respect to the permit application and the State program; and
</P>
<P>(g) The findings and recommendations of OSM with respect to the additional requirements of this subchapter.


</P>
</DIV8>


<DIV8 N="§ 746.14" NODE="30:3.0.1.4.24.0.1.5" TYPE="SECTION">
<HEAD>§ 746.14   Approval, disapproval or conditional approval, of mining plan.</HEAD>
<P>The Secretary shall approve, disapprove or conditionally approve the mining plan in accordance with this part.


</P>
</DIV8>


<DIV8 N="§ 746.17" NODE="30:3.0.1.4.24.0.1.6" TYPE="SECTION">
<HEAD>§ 746.17   Term of approval.</HEAD>
<P>(a) Each mining plan approval shall cover the operations for which a complete permit application package was submitted, unless otherwise indicated in the approval.
</P>
<P>(b) An approved mining plan shall remain in effect until modified, cancelled or withdrawn and shall be binding on any person conducting mining under the approved mining plan.


</P>
</DIV8>


<DIV8 N="§ 746.18" NODE="30:3.0.1.4.24.0.1.7" TYPE="SECTION">
<HEAD>§ 746.18   Mining plan modification.</HEAD>
<P>(a) Mining plan modifications shall be approved by the Secretary.
</P>
<P>(b) The approval of mining plan modifications shall be in accordance with the procedures of this part for mining plan approval.
</P>
<P>(c) Surface coal mining and reclamation operations on lands containing leased Federal coal pursuant to a permit revision issued by the regulatory authority shall not commence until—
</P>
<P>(1) OSM determines that the permit revision does not constitute a mining plan modification under this section, or
</P>
<P>(2) If the permit revision constitutes a mining plan modification under this section, such modification has been approved by the Secretary.
</P>
<P>(d) Permit revisions constitute mining plan modifications if they meet any of the following criteria:
</P>
<P>(1) Any change in the mining plan which would affect the conditions of its approval pursuant to Federal law or regulation other than the Act; 
</P>
<P>(2) Any change which would adversely affect the level of protection afforded any land, facility or place designated unsuitable for mining;
</P>
<P>(3) Any change in the location or amount of coal to be mined, except where such change is the result of:
</P>
<P>(i) A minor change in the amount of coal actually available for mining from the amount estimated; or
</P>
<P>(ii) An incidental boundary change;
</P>
<P>(4) Any change which would extend coal mining and reclamation operations onto leased Federal coal lands for the first time;
</P>
<P>(5) Any change which requires the preparation of an environmental impact statement under the National Environmental Policy Act or 1969, 42 U.S.C. 4321 <I>et seq.</I>;
</P>
<P>(6) Any change in the mining operations and reclamation plan that would result in a change in the postmining land use where the surface is federally-owned. 


</P>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="E" NODE="30:3.0.1.5" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER E—INDIAN LANDS PROGRAM


</HEAD>

<DIV5 N="750" NODE="30:3.0.1.5.25" TYPE="PART">
<HEAD>PART 750—REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS ON INDIAN LANDS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>49 FR 38477, Sept. 28, 1984, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 750.1" NODE="30:3.0.1.5.25.0.1.1" TYPE="SECTION">
<HEAD>§ 750.1   Scope.</HEAD>
<P>This subchapter provides for the regulation of surface coal mining and reclamation operations on Indian lands and constitutes the Federal program for Indian lands.


</P>
</DIV8>


<DIV8 N="§ 750.5" NODE="30:3.0.1.5.25.0.1.2" TYPE="SECTION">
<HEAD>§ 750.5   Definitions.</HEAD>
<P>For purposes of regulating surface coal mining operations on Indian lands, the following terms, when used in this subchapter or in parts referenced by this subchapter, have the following meanings:
</P>
<P><I>BIA</I> means the Bureau of Indian Affairs of the U.S. Department of the Interior.
</P>
<P><I>BLM</I> means the Bureau of Land Management of the U.S. Department of the Interior.
</P>
<P><I>Federal program</I> means the Federal program for Indian lands.
</P>
<P><I>Indian mineral owner</I> means (1) any individual Indian or Alaska native who owns land or mineral interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States, or (2) any Indian tribe, band, native, pueblo, community, rancheria, colony, or other group which owns land or mineral interest in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States. This definition does not include owners of lands patented to a village or regional corporation pursuant to the Alaska Native Claims Settlement Act, Pub. L. 92-203.
</P>
<P><I>Local government agencies</I> means, in addition to county, city or township governments, Indian tribal governments.
</P>
<P><I>Minerals agreement</I> means any joint venture, operating, production sharing, service, managerial, lease or other agreements, or any amendment, supplement to or modification of such agreement, providing for the exploration for, or extraction, processing, or the development of coal, or providing for the sale or other disposition of the production or products of such coal resources.
</P>
<P><I>MMS</I> means the Minerals Management Service of the U.S. Department of the Interior.
</P>
<P><I>Regulatory authority</I> means the Office of Surface Mining.


</P>
</DIV8>


<DIV8 N="§ 750.6" NODE="30:3.0.1.5.25.0.1.3" TYPE="SECTION">
<HEAD>§ 750.6   Responsibilities.</HEAD>
<P>(a) OSM shall: (1) Be the regulatory authority on Indian lands; 
</P>
<P>(2) After consultation with the Bureau of Indian Affairs and, as applicable, with the Bureau of Land Management, conditionally approve, approve, or disapprove applications for permits, permit renewals, or permit revisions for surface coal mining operations on Indian lands, and applications for the transfer, sale or assignment of such permit rights on Indian lands;
</P>
<P>(3) Conduct inspection and enforcement activities with respect to surface coal mining and reclamation operations on Indian lands;
</P>
<P>(4) Consult with the BIA and the affected tribe with respect to special requirements relating to the protection of non-coal resources of the area affected by surface coal mining and reclamation operations, and assure operator compliance with such special requirements;
</P>
<P>(5) Consult with the Bureau of Land Management concerning requirements relating to the development, production and recovery of mineral resources on Indian lands;
</P>
<P>(6) Approve environmental protection performance bonds and liability insurance required for surface coal mining and reclamation operations on Indian lands but not the production royalty bond; and
</P>
<P>(7) Ensure compliance with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> with respect to permitting actions for surface coal mining and reclamation operations on Indian lands.
</P>
<P>(b) The Bureau of Land Management is responsible for: (1) Receiving, reviewing, and conditionally approving, approving or disapproving coal exploration plans and mining plans, as provided in 25 CFR Chapter I or in specific Indian mineral agreements;
</P>
<P>(2) Administering, and conducting inspection and enforcement for, coal exploration operations on Indian lands;
</P>
<P>(3) Administering mining contract, lease or mineral agreement terms and conditions, as provided for in 25 CFR Chapter I or in specific Indian mineral agreements; and 
</P>
<P>(4) Administering and conducting inspections and enforcement of terms and conditions of contracts, leases or mineral agreements for coal mining operations, including production verification and inspection of operations for that purpose.
</P>
<P>(c) The Minerals Management Service is responsible for collecting and accounting for royalties and other income from Indian mineral agreements except for annual rentals.
</P>
<P>(d) The Bureau of Indian Affairs is responsible for: (1) Consulting directly with and providing representation for Indian mineral owners and other Indian land owners in matters relating to surface coal mining and reclamation operations on Indian lands;
</P>
<P>(2) After consultation with the affected tribe, reviewing and making recommendations to OSM concerning permit applications, renewals, revisions or transfers of permits, permit rights or performance bonds; and 
</P>
<P>(3) After consultation with the affected tribe, reviewing mining plans and making recommendations to the Bureau of Land Management pursuant to 25 CFR 216.7.


</P>
</DIV8>


<DIV8 N="§ 750.10" NODE="30:3.0.1.5.25.0.1.4" TYPE="SECTION">
<HEAD>§ 750.10   Information collection.</HEAD>
<P>The Office of Management and Budget has determined that the information collection requirements contained in 30 CFR part 750 do not require approval under the Paperwork Reduction Act.
</P>
<CITA TYPE="N">[59 FR 43420, Aug. 23, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 750.11" NODE="30:3.0.1.5.25.0.1.5" TYPE="SECTION">
<HEAD>§ 750.11   Permits.</HEAD>
<P>(a) No person shall conduct surface coal mining operations on Indian lands after eight months following the effective date of this subchapter unless that person has first obtained a permit pursuant to this part.
</P>
<P>(b) Any person conducting surface coal mining and reclamation operations on lands subject to this part shall comply with the terms and conditions of the permit, the requirements of this subchapter, and the Act.
</P>
<P>(c) Surface coal mining operations authorized prior to the effective date of this subchapter may be conducted beyond the eight-month period specified in paragraph (a) of this section if the following conditions are present: 
</P>
<P>(1) An application for a permit to conduct those operations under this part has been made within two months of the implementation of the Federal program for Indian lands;
</P>
<P>(2) OSM has not yet rendered an initial administrative decision approving or disapproving the permit application; and 
</P>
<P>(3) Those operations are conducted in compliance with all terms and conditions of the lease or minerals agreement, the existing authorization to mine, the requirements of the Act, and the requirements of 25 CFR Chapter I.
</P>
<P>(d) Whenever surface coal mining and reclamation operations are proposed to include both Indian lands and non-Indian lands, OSM will use reasonable efforts to ensure that reviews of the permit applications will be conducted cooperatively and concurrently by OSM and the regulatory authority responsible for the non-Indian lands.
</P>
<CITA TYPE="N">[49 FR 38477, Sept. 28, 1984, as amended at 54 FR 13822, Apr. 5, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 750.12" NODE="30:3.0.1.5.25.0.1.6" TYPE="SECTION">
<HEAD>§ 750.12   Permit applications.</HEAD>
<P>(a) Each application for a permit to conduct surface coal mining operations on lands subject to this part shall be accompanied by fees in accordance with § 750.25 of this part. 
</P>
<P>(b) Unless specified otherwise by the regulatory authority, each person submitting a permit application shall file no less than seven copies of the complete permit application package with OSM. OSM will ensure that the affected tribes, the Bureau of Indian Affairs, and when applicable, the Bureau of Land Management receive copies of the application.
</P>
<P>(c)(1) The following requirements of subchapter G of this chapter shall govern the processing of permit applications on Indian lands except as specified in paragraph (c)(2) or (c)(3) of this section.
</P>
<P>(i) Part 773;
</P>
<P>(ii) Part 774;
</P>
<P>(iii) Part 775;
</P>
<P>(iv) Part 777;
</P>
<P>(v) Part 778;
</P>
<P>(vi) Part 779;
</P>
<P>(vii) Part 780;
</P>
<P>(viii) Part 783;
</P>
<P>(ix) Part 784; and
</P>
<P>(x) Part 785;
</P>
<P>(2) The following provisions of subchapter G are not applicable to permitting on Indian lands:
</P>
<P>(i) Part 772;
</P>
<P>(ii) Sections 773.4, 773.15(c), 777.17;
</P>
<P>(iii) Section 778.16 (a) and (b); and 
</P>
<P>(iv) Sections 785.11, 785.12;
</P>
<P>(3) <I>Special requirements.</I> (i) Approval of a transfer, assignment, or sale of rights granted under a permit shall not be construed as approval of a transfer or assignment of a leasehold interest. Leasehold interests may be transferred or assigned only in accordance with 25 CFR parts 211 and 212.
</P>
<P>(ii) The following additional requirements are applicable to permit revisions:
</P>
<P>(A) Applications for revisions pursuant to § 774.13(b) of this chapter shall contain the same information on the proposed revised operation as if the revised operation had been proposed as part of the initial operation permitted under this part.
</P>
<P>(B) OSM shall determine if the application for revision is complete and if the proposed revision is significant. OSM shall consider the following factors as well as other relevant factors in determining the significance of a proposed revision: (<I>1</I>) Changes in production or recoverability of the coal resource; (<I>2</I>) the environmental effects; (<I>3</I>) the public interest in the operation, or likely interest in the proposed revision; and (<I>4</I>) possible adverse impacts from the proposed revision on fish or wildlife, endangered species, bald or golden eagles or cultural resources.
</P>
<P>(C) Significant revisions shall be processed as if they are new applications in accordance with parts 773 and 775 of this chapter. Other revisions shall be reviewed to determine if the findings which were made in issuing the original permit are still valid.
</P>
<P>(iii) Any section in this chapter which provides for consultation with, or notification to, State and local governments shall be interpreted as requiring in like manner consultation with, or notification to, tribal governments.
</P>
<P>(d) The permit application package shall also contain:
</P>
<P>(1) The mining plan required to be submitted by 25 CFR 216.7 or 43 CFR part 3480, as applicable.
</P>
<P>(2) The following information to assure compliance with Federal laws other than the Act:
</P>
<P>(i) The description of the proposed surface coal mining and reclamation operation with respect to: (A) Increases in employment, population, and revenues to public and private entities; and (B) the ability of public and private entities to provide goods and services necessary to support surface coal mining and reclamation operations.
</P>
<P>(ii) An evaluation of impacts to the scenic and aesthetic resources, including noise on the surrounding area, due to the proposed surface coal mining and reclamation operation.
</P>
<P>(iii) A statement, including maps and ownership data as appropriate, of any cultural or historical site listed on the National Register of Historic Places within the permit and adjacent areas of the proposed surface coal mining and reclamation operation.
</P>
<P>(iv) A statement of the classes of properties of potential significance within the disturbed area, and a plan for the identification and treatment, in accordance with 36 CFR part 800, of properties significant and listed, or eligible for listing, on the National Register of Historic Places within the permit area of the proposed surface coal mining and reclamation operation.
</P>
<P>(v) A description of compliance with Federal laws aimed at protecting cultural resources on Indian lands. 
</P>
<P>(vi) A description of the probable changes in air quality resulting from the surface coal mining operation and any necessary measures to comply with prevention of significant deterioration limitations, or other Federal laws for air quality protection.
</P>
<P>(vii) A description of the location, acreage and condition of important habitats of selected indicator species located within the permit and adjacent areas of the proposed surface coal mining and reclamation operation.
</P>
<P>(viii) A description of active and inactive nests and prey areas of any bald or golden eagles located within the permit and adjacent areas of the proposed surface coal mining and reclamation operations.
</P>
<P>(ix) A description and special studies, if required, of all threatened and endangered species and their critical habitats located within the permit and adjacent areas of the proposed surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[49 FR 38477, Sept. 28, 1984, as amended at 54 FR 22188, May 22, 1989; 55 FR 29548, July 19, 1990; 65 FR 79663, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 750.13" NODE="30:3.0.1.5.25.0.1.7" TYPE="SECTION">
<HEAD>§ 750.13   Small operator assistance.</HEAD>
<P>Part 795 of this chapter is applicable on Indian lands.


</P>
</DIV8>


<DIV8 N="§ 750.14" NODE="30:3.0.1.5.25.0.1.8" TYPE="SECTION">
<HEAD>§ 750.14   Lands designated unsuitable for mining by Act of Congress.</HEAD>
<P>Part 761 of this chapter is applicable on Indian lands. 


</P>
</DIV8>


<DIV8 N="§ 750.15" NODE="30:3.0.1.5.25.0.1.9" TYPE="SECTION">
<HEAD>§ 750.15   Coal exploration.</HEAD>
<P>Coal exploration operations on Indian lands shall be conducted in accordance with 25 CFR part 216 and 43 CFR part 3480, whichever is applicable. 


</P>
</DIV8>


<DIV8 N="§ 750.16" NODE="30:3.0.1.5.25.0.1.10" TYPE="SECTION">
<HEAD>§ 750.16   Performance standards.</HEAD>
<P>After OSM issues a permit under this part, a person conducting surface coal mining operations on Indian lands shall do so in accordance with parts 816, 817, 819, 822, 823, 824, 827, and 828 of this chapter. Prior to that time, the person conducting surface coal mining and reclamation operations shall adhere to the performance standards of 30 CFR chapter VII, subchapter B.
</P>
<CITA TYPE="N">[49 FR 38477, Sept. 28, 1984, as amended at 59 FR 43420, Aug. 23, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 750.17" NODE="30:3.0.1.5.25.0.1.11" TYPE="SECTION">
<HEAD>§ 750.17   Bonding.</HEAD>
<P>Subchapter J of this title is applicable on Indian lands.


</P>
</DIV8>


<DIV8 N="§ 750.18" NODE="30:3.0.1.5.25.0.1.12" TYPE="SECTION">
<HEAD>§ 750.18   Inspection and enforcement.</HEAD>
<P>(a) Parts 842, 843, 845 and 846 of this chapter and the hearings and appeals procedures of 43 CFR part 4 are applicable on Indian lands. 
</P>
<P>(b) OSM shall furnish copies of notices and orders to mineral owners or surface owners on whose land the surface coal mining operation takes place. OSM may furnish copies of notices and orders to any other person having an interest in the surface coal mining and reclamation operation or the permit area.
</P>
<P>(c) BLM shall furnish copies of notices and orders to mineral owners or surface owners on whose land coal exploration operations take place and pursuant to 25 CFR 216.7 and 43 CFR part 3480, where applicable, to any mineral owner or surface owner, or to any person having an interest in the coal mining operation.
</P>
<P>(d) Whenever an authorized representative of the Secretary decides to conduct an inspection of any coal mining operations or any premises in which any records to be maintained are located, the appropriate representative of the local governing Indian tribe shall be notified and be invited to accompany the Secretary's representative on such an inspection.
</P>
<P>(e) No provision in this chapter shall be interpreted as replacing or superseding any other remedies of the Indian mineral owners, as set forth in a contract or otherwise available at law.
</P>
<P>(f) Appropriate officials of the local governing Indian tribe shall be notified of any hearings or conferences conducted regarding civil penalties and shall be invited to attend.
</P>
<CITA TYPE="N">[49 FR 38477, Sept. 28, 1984, as amended at 53 FR 3675, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 750.19" NODE="30:3.0.1.5.25.0.1.13" TYPE="SECTION">
<HEAD>§ 750.19   Certification of blasters.</HEAD>
<P>A person seeking to conduct blasting operations on Indian lands shall comply with the requirements of §§ 816.61(c) and 817.61(c) and part 955 of this chapter.
</P>
<CITA TYPE="N">[51 FR 19461, May 29, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 750.20" NODE="30:3.0.1.5.25.0.1.14" TYPE="SECTION">
<HEAD>§ 750.20   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 750.21" NODE="30:3.0.1.5.25.0.1.15" TYPE="SECTION">
<HEAD>§ 750.21   Coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter is applicable on Indian lands.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 750.25" NODE="30:3.0.1.5.25.0.1.16" TYPE="SECTION">
<HEAD>§ 750.25   Permit fees.</HEAD>
<P>(a) <I>Applicability.</I> An applicant for a new permit to conduct surface coal mining operations on lands subject to this part shall submit to OSM fees in the amounts set out in paragraph (d) of this section. For applications submitted prior to the effective date of this rule, fees shall apply only for stages of OSM review begun on or after the effective date. The applicant shall either submit all applicable fees with the permit application, or by stage of review as follows: 
</P>
<P>(1) <I>Administrative completeness review.</I> An applicant who pays by stage of review shall submit the administrative completeness review fee with the permit application. 
</P>
<P>(2) <I>Technical review.</I> Following receipt from OSM of a notice of administrative completeness, an applicant who pays by stage of review shall submit the technical review basic fee, plus the per-acre fee for each acre of disturbed area or fraction thereof to be included in the permit area. 
</P>
<P>(3) <I>Permit issuance.</I> Following receipt from OSM of a notice of technical adequacy, an applicant who pays by stage of review shall submit the decision document fee. 
</P>
<P>(b) <I>Refund of fees.</I> (1) Upon receipt of a written request from an applicant, OSM will refund any permit fees paid under this section for a permit application when OSM denies the permit: 
</P>
<P>(i) On the basis of information concerning endangered or threatened species or their critical habitats or information concerning cultural or historical resources, where such information was not available prior to submission of the permit application; 
</P>
<P>(ii) Because subsequent to submittal of a permit application, the lands contained in the permit application are declared unsuitable for mining under subchapter F of this chapter; or 
</P>
<P>(iii) Because subsequent to submittal of a permit application, the applicant is denied valid existing rights to mine under part 761 of this chapter where such rights are required for surface coal mining operations on the lands contained in the permit application. 
</P>
<P>(2) An applicant may file a written request for withdrawal of a permit application and a refund of fees in accordance with paragraph (b)(3) of this section. 
</P>
<P>(3) OSM will, upon receipt of written request for withdrawal of a permit application, cease processing of that application. If requested, OSM will refund fees paid by the applicant for the withdrawn application as follows: 
</P>
<P>(i) Any fees for a stage of OSM review not yet begun will be refunded;
</P>
<P>(ii) Where technical review has begun, partial refund will be made of any technical review fee amounts remaining after deduction of actual costs incurred for that technical review. Costs to process the withdrawal may also be deducted. 
</P>
<P>(4) No interest will be paid on refunded fees. 
</P>
<P>(c) <I>Form of payment.</I> All fees due under this section shall be submitted to OSM by the applicant in the form of a certified check, bank draft or money order, payable to Office of Surface Mining. 
</P>
<P>(d) <I>Fee schedule for a new permit.</I> 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">Administrative completeness review</TD><TD align="left" class="gpotbl_cell">$250.00
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Technical review: 
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Basic fee</TD><TD align="left" class="gpotbl_cell">1350.00 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Fee per acre of disturbed area in permit area: 
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">First 1,000 acres</TD><TD align="left" class="gpotbl_cell">13.50/acre 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Second 1,000 acres</TD><TD align="left" class="gpotbl_cell">6.00/acre 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Third 1,000 acres</TD><TD align="left" class="gpotbl_cell">4.00/acre 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Additional acres</TD><TD align="left" class="gpotbl_cell">3.00/acre
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Decision document</TD><TD align="left" class="gpotbl_cell">2000.00</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[55 FR 29548, July 19, 1990]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="755" NODE="30:3.0.1.5.26" TYPE="PART">
<HEAD>PART 755—TRIBAL-FEDERAL INTERGOVERNMENTAL AGREEMENTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Pub. L. 95-87 30 U.S.C. 1201-1328.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>49 FR 38480, Sept. 28, 1984, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 755.1" NODE="30:3.0.1.5.26.0.1.1" TYPE="SECTION">
<HEAD>§ 755.1   Scope.</HEAD>
<P>This part sets forth requirements for the development, approval and administration of Tribal-Federal Intergovernmental Agreements.


</P>
</DIV8>


<DIV8 N="§ 755.10" NODE="30:3.0.1.5.26.0.1.2" TYPE="SECTION">
<HEAD>§ 755.10   Information collection.</HEAD>
<P>The information collection requirements contained in this part do not require approval from the Office of Management and Budget under 44 U.S.C. 3507 because there are expected to be less than 10 respondents annually.


</P>
</DIV8>


<DIV8 N="§ 755.11" NODE="30:3.0.1.5.26.0.1.3" TYPE="SECTION">
<HEAD>§ 755.11   Application and agreement.</HEAD>
<P>(a) An Indian tribe may request that the Secretary enter into a Tribal-Federal intergovernmental agreement with the tribe.
</P>
<P>(b) A request for a Tribal-Federal intergovernmental agreement shall be submitted in writing and shall include proposed terms of the agreement consistent with the requirements of this part.


</P>
</DIV8>


<DIV8 N="§ 755.12" NODE="30:3.0.1.5.26.0.1.4" TYPE="SECTION">
<HEAD>§ 755.12   Terms.</HEAD>
<P>The terms in each Tribal-Federal intergovernmental agreement may include:
</P>
<P>(a) Provisions to allow the tribe to work with and assist OSM in the review of permit applications, and to recommend appropriate action on permits, permit applications, inspection and enforcement, and bond release or forfeiture; and
</P>
<P>(b) Provisions to provide funding for tribal employees to attend and testify at hearings and to perform other functions under the agreement.


</P>
</DIV8>


<DIV8 N="§ 755.13" NODE="30:3.0.1.5.26.0.1.5" TYPE="SECTION">
<HEAD>§ 755.13   Authority reserved by the Secretary.</HEAD>
<P>The Secretary shall not delegate to any Indian tribe, nor shall any Tribal-Federal Intergovernmental Agreement be construed to delegate to any tribe, the nondelegable authority exercised by or reserved to the Secretary on Indian lands.


</P>
</DIV8>


<DIV8 N="§ 755.14" NODE="30:3.0.1.5.26.0.1.6" TYPE="SECTION">
<HEAD>§ 755.14   Amendments.</HEAD>
<P>An agreement that has been approved pursuant to this part may be amended by mutual agreement of the Secretary and the officers of the tribe.


</P>
</DIV8>


<DIV8 N="§ 755.15" NODE="30:3.0.1.5.26.0.1.7" TYPE="SECTION">
<HEAD>§ 755.15   Termination.</HEAD>
<P>An agreement may be terminated by either party upon written notice to the other specifying the date upon which the agreement will be terminated. The date of termination shall be no less than 30 days from the date of the notice.


</P>
</DIV8>

</DIV5>


<DIV5 N="756" NODE="30:3.0.1.5.27" TYPE="PART">
<HEAD>PART 756—INDIAN TRIBE ABANDONED MINE LAND RECLAMATION PROGRAMS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and Pub. L. 100-71.


</PSPACE></AUTH>

<DIV8 N="§ 756.1" NODE="30:3.0.1.5.27.0.1.1" TYPE="SECTION">
<HEAD>§ 756.1   Scope.</HEAD>
<P>This part implements the provisions in Pub. L. 100-71 which authorize the Crow, Hopi, and Navajo Tribes to obtain the Secretary's approval of Abandoned Mine Land Reclamation programs without prior approval of surface mining regulatory programs as ordinarily required by section 405 of SMCRA. 
</P>
<CITA TYPE="N">[53 FR 17190, May 16, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 756.13" NODE="30:3.0.1.5.27.0.1.2" TYPE="SECTION">
<HEAD>§ 756.13   Approval of the Navajo Nation's abandoned mine land plan.</HEAD>
<P>The Navajo Nation's Abandoned Mine Land Plan as submitted in June 1982, resubmitted in September 1983, and amended in February 1988, is approved effective May 16, 1988. Copies of the approved program are available at:
</P>
<P>(a) The Navajo Nation, Navajo Abandoned Mine Land Reclamation Department, Division of Natural Resources, Navajo Nation Inn—Office Complex, P.O. Box 1875, Window Rock, AZ 86515, Telephone: (520) 871-7593.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200, Albuquerque, NM 87102, Telephone: (505) 248-5070.
</P>
<CITA TYPE="N">[60 FR 33724, June 29, 1995, as amended at 61 FR 6508, Feb. 21, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 756.14" NODE="30:3.0.1.5.27.0.1.3" TYPE="SECTION">
<HEAD>§ 756.14   Approval of amendments to the Navajo Nation's abandoned mine land plan.</HEAD>
<P>(a) Revisions to the following provisions of the Navajo Nation AMLR plan, as submitted to OSM on April 7 and 22, 1994, are approved effective September 27, 1994:
</P>
<EXTRACT>
<HD1>Navajo Nation Abandoned Mine Land Reclamation Code of 1987: Introduction
</HD1>
<FP-1>Section 101—Findings
</FP-1>
<FP-1>Section 102—Purposes
</FP-1>
<FP-1>Section 201—Duties of Navajo Abandoned Mine Lands Reclamation Department
</FP-1>
<FP-1>Section 401—Navajo Abandoned Mine Reclamation Fund and Purposes
</FP-1>
<FP-1>Section 402—Reclamation Fees
</FP-1>
<FP-1>Section 403—Objectives of Fund
</FP-1>
<FP-1>Section 404—Eligible Lands and Water
</FP-1>
<FP-1>Section 405—Reclamation Program
</FP-1>
<FP-1>Section 407—Acquisition and Reclamation of Lands Within the Navajo Nation Adversely Affected by Past Mining Practices
</FP-1>
<FP-1>Section 408—Liens
</FP-1>
<FP-1>Section 409—Filling Voids and Sealing Tunnels
</FP-1>
<FP-1>Section 410—Deletion of Emergency Powers
</FP-1>
<FP-1>Section 411—Certification of Completion of Coal Reclamation
</FP-1>
<FP-1>Section 412—Navajo Abandoned Mine Reclamation Fund Report
</FP-1>
<FP-1>Section 413—Miscellaneous Powers, and
</FP-1>
<FP-1>Section 414—Interagency Cooperation
</FP-1>
<HD1>Navajo Nation Rules
</HD1>
<FP-1>II(D) (1) and (2)—Reclamation Priorities
</FP-1>
<FP-1>II(L) (1) and (2)—General Reclamation Requirements
</FP-1>
<FP-1>II(M) (1) and (2)—Certification of Completion of Coal Reclamation
</FP-1>
<FP-1>II(N) (1)—Eligible Lands and Water Subsequent to Certification
</FP-1>
<FP-1>II(O) (1)—Exclusion of Noncoal Reclamation Sites
</FP-1>
<FP-1>II(P) (1), (2), and (3)—Utilities and Other Facilities, and
</FP-1>
<FP-1>III(E) (1)—Future Reclamation Set-Aside Program</FP-1></EXTRACT>
<P>(b) The Director concurs with the Navajo Nation's May 4, 1994, certification of completion of coal reclamation effective September 27, 1994.
</P>
<P>(c) Revisions to sections 404 (a), (b), and (c) of the Navajo Nation Abandoned Mine Land Reclamation (AMLR) Code of 1987, pertaining to eligible lands and water, as submitted to OSM on January 12, 1995, and as subsequently revised on February 23 1995, are approved effective April 25, 1995.
</P>
<P>(d) Revisions to, additions of, or deletions of the following rules, as submitted to OSM on September 3, 1996, are approved effective April 15, 1997. 
</P>
<EXTRACT>
<FP-1>Section II, E, 1, Project selection, 
</FP-1>
<FP-1>Sections II, L, 1(e) and (g), Eligible coal lands and water, 
</FP-1>
<FP-1>Section II, L, 1(h), Limited liability, 
</FP-1>
<FP-1>Section II, L, 1(i), Contractor responsibility, 
</FP-1>
<FP-1>Section II, L, 1(j), Reports, 
</FP-1>
<FP-1>Sections II, L, 2(b)(3) and (4), Eligible noncoal lands and water prior to certification, 
</FP-1>
<FP-1>Section II, L, 2(c), Limited liability, 
</FP-1>
<FP-1>Section II, L, 2(d), Contractor responsibility, 
</FP-1>
<FP-1>Section II, L, 2(e), Reports, 
</FP-1>
<FP-1>Sections II, M, 1(b) and (d), 2, and 2(a) and (b), Certification of completion of coal sites, 
</FP-1>
<FP-1>Sections II, N, 1 and 1(c), Eligible lands and water subsequent to certification, 
</FP-1>
<FP-1>Sections II, P, 1(a) through (c), 2(a) through (f), and (3), Utilities and other facilities, and 
</FP-1>
<FP-1>Section III, E, 1 and 1(a), Future reclamation set-aside program.</FP-1></EXTRACT>
<P>(e) Addition or removal of the following rules, as submitted to OSM on March 2 and 8, 2001, is approved effective July 31, 2001: 
</P>
<EXTRACT>
<FP-1>Section II, subsections M, 2, 2(a), 2(a)(1), 2(a)(2), and 2(a)(3), noncoal reclamation after certification (removed); 
</FP-1>
<FP-1>Section II, subsection O, 1, Exclusion of Noncoal Reclamation Sites (removed); 
</FP-1>
<FP-1>Section II, subsection O, subsection heading “NONCOAL RECLAMATION AFTER CERTIFICATION;”
</FP-1>
<FP-1>Section II, subsection O, 1, applicability of subsection O; 
</FP-1>
<FP-1>Section II, subsections O, 2, 2(a) through 2(c), objectives and priorities;
</FP-1>
<FP-1>Section II, subsection O, 3, enhancement of facilities and utilities;
</FP-1>
<FP-1>Section II, subsection O, 4, determination of need for activities and construction of specific public facilities and submittal of grant applications; 
</FP-1>
<FP-1>Section II, subsection O, 5 through 5(h), requirements for grant applications submitted under subsection O.4 to meet; 
</FP-1>
<FP-1>Section II, subsection O, 6, exclusion of certain noncoal reclamation sites; 
</FP-1>
<FP-1>Section II, subsection O, 7, land acquisition authority for the noncoal program; 
</FP-1>
<FP-1>Section II, subsection O, 8, lien requirements; 
</FP-1>
<FP-1>Section II, subsection O, 9, limited liability; 
</FP-1>
<FP-1>Section II, subsection O, 10, contractor responsibility; and 
</FP-1>
<FP-1>Section II, subsection P, subsection heading, “RESERVED” (removed).</FP-1></EXTRACT>
<CITA TYPE="N">[59 FR 49185, Sept. 27, 1994, as amended at 60 FR 20195, Apr. 25, 1995; 62 FR 18272, Apr. 15, 1997; 66 FR 39443, July 31, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 756.15" NODE="30:3.0.1.5.27.0.1.4" TYPE="SECTION">
<HEAD>§ 756.15   Required amendments to the Navajo Nation's abandoned mine land plan.</HEAD>
<P>Pursuant to 30 CFR 884.15, the Navajo Nation is required to submit to OSM by the date specified either a proposed amendment or a reasonable timetable, which is consistent with the Navajo Nation's established administrative and legislative procedures, for submitting an amendment to the Navajo Nation plan.
</P>
<CITA TYPE="N">[61 FR 6508, Feb. 21, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 756.16" NODE="30:3.0.1.5.27.0.1.5" TYPE="SECTION">
<HEAD>§ 756.16   Approval of the Hopi Tribe's abandoned mine land reclamation plan.</HEAD>
<P>The Hopi Tribe's Abandoned Mine Land Reclamation Plan as submitted in July 1983, and amended in March and May 1988, is approved. Copies of the approved Plan are available at the following locations:
</P>
<P>(a) The Hopi Tribe, Hopi Abandoned Mine Land Program, Department of Natural Resources, Honahni Building, P.O. Box 123, Kykotsmovi, AZ 86039, Telephone: (520) 734-2441.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200, Albuquerque, NM 87102, Telephone: (505) 248-5070.
</P>
<CITA TYPE="N">[61 FR 6508, Feb. 21, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 756.17" NODE="30:3.0.1.5.27.0.1.6" TYPE="SECTION">
<HEAD>§ 756.17   Approval of the Hopi Tribe's abandoned mine land reclamation plan amendments.</HEAD>
<P>The following amendments to the Hopi Tribe's abandoned mine land reclamation plan are approved.
</P>
<P>(a) The Hopi Tribe certification of completion of coal reclamation, as submitted on February 2, 1994, is approved effective June 9, 1994.
</P>
<P>(b) With the exceptions of part I, concerning the purpose of the Hopi tribe plan; section I, A(3) concerning facilities related to water supplies; section I, A(4), concerning public facilities projects; section II, B(1)(d)(ii), concerning the protection of property; and section 884.13(f)(2), concerning a description of aesthetic, cultural and recreational conditions of the Hopi Reservation, revisions to and additions of the following plan provisions, as submitted to OSM on November 2, 1995, are approved effective April 23, 1996.
</P>
<EXTRACT>
<FP-1>Table of Contents—Title of Part II and List of Appendices;
</FP-1>
<FP-1>List of Addenda and Errata—Title for this part;
</FP-1>
<FP-1>List of Figures—Title of Figure 4 and deletion of Figure 5;
</FP-1>
<FP-1>Preface to Amended Reclamation Plan—Introductory paragraph, program goals and objectives, and eligible projects;
</FP-1>
<FP-1>Chairman's Letter of Designation and Hopi Tribe Resolution—Designation of Tribal agency authorized to administer approved plan;
</FP-1>
<FP-1>Opinion of Legal Counsel—Authority of designated agency to conduct the AMLR program in accordance with the requirements of Title IV of SMCRA;
</FP-1>
<FP-1>Section I, A(1)—Protection of the health, safety, and general welfare of members of the Hopi Tribe;
</FP-1>
<FP-1>Section I, A(2)—Restoration of land and water resources;
</FP-1>
<FP-1>Section I, B—Designation of administrative authority;
</FP-1>
<FP-1>Section I, C—Reclamation priorities;
</FP-1>
<FP-1>Sections I, C (4) and (5)—Deletion of existing C(4) and recodification of C(5) and (6) as C(4) and (5);
</FP-1>
<FP-1>Section I, C—Deletion of allocation of funds provisions;
</FP-1>
<FP-1>Section II, A—[Lack of] Limited liability provision for coal;
</FP-1>
<FP-1>Section II, A(1)—Abatement of any new coal problems that arise after the effective date of the certification of completion of coal reclamation;
</FP-1>
<FP-1>Sections II, A(1) (a) through (f)—Eligible coal lands and water;
</FP-1>
<FP-1>Section II, (A)(1)(g)—Contractor responsibility;
</FP-1>
<FP-1>Section II, A(1)(h)—Reports;
</FP-1>
<FP-1>Sections II, B(1) (a) and (b)—Eligible lands and water subsequent to certification;
</FP-1>
<FP-1>Sections II, B(1)(c), (d) (i) and (iii), (e), and (g)—Reclamation priorities for noncoal program;
</FP-1>
<FP-1>Section II, B(1)(f)—Need for activities or construction of specific public facilities related to the coal or mineral industry on Tribal lands impacted by coal or mineral development;
</FP-1>
<FP-1>Section II, G—Reports;
</FP-1>
<FP-1>Sections II, C through F—Exclusion of certain noncoal reclamation sites, noncoal land acquisition authority, limited liability, and contractor responsibility;
</FP-1>
<FP-1>Section II, H and [deletion of] ranking and selection of noncoal reclamation projects and Table I, Comprehensive/Problem Evaluation Matrix—Description of needs, proposed construction and activities;
</FP-1>
<FP-1>Part III—Coordination of Tribal AML programs with other programs;
</FP-1>
<FP-1>Section IV, A(1)—Acquisition of lands by the Hopi Tribe;
</FP-1>
<FP-1>Section IV, A(2)(a)(i)—Appraisals;
</FP-1>
<FP-1>Section IV, A(2)(b)—Lands eligible for acquisition;
</FP-1>
<FP-1>Sections IV, A(2) (c), (d), (e), B(2), and C—Land acquisition, management, and disposal;
</FP-1>
<FP-1>Section IV, B(1)—Management of acquired lands;
</FP-1>
<FP-1>Part V and Figures 1 and 2—Reclamation on private land;
</FP-1>
<FP-1>Section VI, A, B, and C—Rights of entry;
</FP-1>
<FP-1>Deletion of section VI, C—Entry for emergency reclamation;
</FP-1>
<FP-1>Part VII—Hopi Department of Natural Resources (DNR) policy on public participation;
</FP-1>
<FP-1>Part VIII and Figure 4—Organization of the Hopi Tribe;
</FP-1>
<FP-1>Part IX—Personnel staffing policies;
</FP-1>
<FP-1>Part X—Purchasing and procurement;
</FP-1>
<FP-1>Part XI—Management accounting;
</FP-1>
<FP-1>[Deletion of] sections 884.13(e) (1), (2), and (3)—Purpose of Hopi Tribe plan and criteria for ranking and identifying projects;
</FP-1>
<FP-1>Part XII—Economic conditions of the Hopi Reservation;
</FP-1>
<FP-1>Part XIII—Flora and fauna;
</FP-1>
<FP-1>Appendices 1 through 12—Addition of cover pages;
</FP-1>
<FP-1>Appendix 1—Constitution and By-Laws of the Hopi Tribe, as amended;
</FP-1>
<FP-1>Appendix 7—Title of the appendix;
</FP-1>
<FP-1>Memorandum from the Assistant General Counsel/Legislation Counsel to DNR dated May 18, 1995—Elimination of Title IV from the draft Hopi Code Mining Ordinance;
</FP-1>
<FP-1>Hopi Tribal Council Resolution H-134-89, adopted August 29, 1989; and
</FP-1>
<FP-1>Memorandum from the Hopi Tribe Office of Financial Management to DNR dated September 7, 1995—Purchasing procedures.</FP-1></EXTRACT>
<P>(c) Revisions to, additions of, or deletions of the following plan provisions, as submitted to OSM on September 23, 1996, are approved effective March 31, 1997:
</P>
<EXTRACT>
<FP-1>Preface to Amended Reclamation Plan—Introductory paragraph and Eligible Projects; 
</FP-1>
<FP-1>Section I, A—Purpose of Hopi plan; 
</FP-1>
<FP-1>Section II, A(1)—Certification of Completion of Coal Sites; 
</FP-1>
<FP-1>Section II, A(1)(a)—Eligible Coal Lands and Water; 
</FP-1>
<FP-1>Section II, A, (1)(g)—Contractor Responsibility (for coal reclamation); 
</FP-1>
<FP-1>Section II, (A)(1)(i)—Limited Liability (for coal reclamation); 
</FP-1>
<FP-1>Sections II, (B)(1)(d) and (d)(ii)—Noncoal Reclamation After Certification; 
</FP-1>
<FP-1>Sections II, (B)(1)(h), (i), and (j)—Limited Liability, Contractor Responsibility, and Reports (for noncoal reclamation); 
</FP-1>
<FP-1>Deletion of sections II, E, F, and G—Limited Liability, Contractor Responsibility, and Reports (for noncoal reclamation); 
</FP-1>
<FP-1>Section II, E—Description of Needs, Proposed Construction and Activities; 
</FP-1>
<FP-1>Sections IV, (A)(1) and (B)(1)—Acquisition and Management of Acquired Lands; 
</FP-1>
<FP-1>Sections VI, A(1) (a) through (c) and B(1)—Consent to Entry and Public Notice; 
</FP-1>
<FP-1>Section VII, B(8)—Public Participation; 
</FP-1>
<FP-1>Section VIII—Organization of the Hopi Tribe; 
</FP-1>
<FP-1>Section XII—Description of Aesthetic, Cultural and Recreational Conditions of the Hopi Reservation; and 
</FP-1>
<FP-1>Section XIV—Flora and Fauna.</FP-1></EXTRACT>
<CITA TYPE="N">[61 FR 17839, Apr. 23, 1996, as amended at 62 FR 15115, Mar. 31, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 756.18" NODE="30:3.0.1.5.27.0.1.7" TYPE="SECTION">
<HEAD>§ 756.18   Required amendments to the Hopi Tribe's abandoned mine land reclamation plan.</HEAD>
<P>Pursuant to 30 CFR 884.15, the Hopi Tribe is required to submit to OSM by the date specified either a proposed amendment or a reasonable timetable, which is consistent with the Hopi Tribe's established administrative and legislative procedures, for submitting an amendment to the Hopi Tribe plan.
</P>
<P>(a)-(b) [Reserved] 
</P>
<CITA TYPE="N">[61 FR 6508, Feb. 21, 1996, as amended at 61 FR 17840, Apr. 23, 1996; 62 FR 15115, Mar. 31, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 756.19" NODE="30:3.0.1.5.27.0.1.8" TYPE="SECTION">
<HEAD>§ 756.19   Approval of the Crow Tribe's abandoned mine land reclamation plan.</HEAD>
<P>The Crow Tribe's Abandoned Mine Land Reclamation Plan as submitted in 1982, and resubmitted in September, 1988 is approved. Copies of the approved Plan are available at the following locations:
</P>
<P>(a) Crow Tribal Council, Crow Office of Reclamation, P.O. Box 159, Crow Agency, MT 59022.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Casper Field Office, Room 2128, 100 East B Street, Casper, WY 82601-1918, Telephone: (307) 261-6555.
</P>
<CITA TYPE="N">[61 FR 6508, Feb. 21, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 756.20" NODE="30:3.0.1.5.27.0.1.9" TYPE="SECTION">
<HEAD>§ 756.20   Approval of amendments to the Crow Tribe's abandoned mine land reclamation plan.</HEAD>
<P>Revisions to the following provisions of the Crow Tribe's Abandoned Mine Land Reclamation Plan, as submitted to OSM on the date specified, are approved.
</P>
<P>(a) The Director concurs with the Crow Tribe's May 29, 2007, certification of completion of coal reclamation effective April 1, 2008:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 29, 2007</TD><TD align="left" class="gpotbl_cell">April 1, 2008</TD><TD align="left" class="gpotbl_cell">756.20 Certification of Completion.</TD></TR></TABLE></DIV></DIV>
<P>(b) [Reserved] 
</P>
<CITA TYPE="N">[61 FR 6509, Feb. 21, 1996, as amended at 73 FR 17249, Apr. 1, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 756.21" NODE="30:3.0.1.5.27.0.1.10" TYPE="SECTION">
<HEAD>§ 756.21   Required amendments to the Crow Tribe's abandoned mine land reclamation plan.</HEAD>
<P>Pursuant to 30 CFR 884.15, the Crow Tribe is required to submit to OSM by the date specified either a proposed amendment or a reasonable timetable, which is consistent with the Crow Tribe's established administrative and legislative procedures, for submitting an amendment to the Crow Tribe plan.
</P>
<CITA TYPE="N">[61 FR 6509, Feb. 21, 1996]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="F" NODE="30:3.0.1.6" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER F—AREAS UNSUITABLE FOR MINING 


</HEAD>

<DIV5 N="761" NODE="30:3.0.1.6.28" TYPE="PART">
<HEAD>PART 761—AREAS DESIGNATED BY ACT OF CONGRESS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 41348, Sept. 14, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 761.1" NODE="30:3.0.1.6.28.0.1.1" TYPE="SECTION">
<HEAD>§ 761.1   Scope.</HEAD>
<P>This part establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be authorized in light of the prohibitions and limitations in section 522(e) of the Act for those types of operations on certain Federal, public and private lands.


</P>
</DIV8>


<DIV8 N="§ 761.3" NODE="30:3.0.1.6.28.0.1.2" TYPE="SECTION">
<HEAD>§ 761.3   Authority.</HEAD>
<P>The State regulatory authority or the Secretary is authorized by section 522(e) of the Act (30 U.S.C. 1272(e)) to prohibit or limit surface coal mining operations on or near certain private, Federal, and other public lands, subject to valid existing rights and except for those operations which existed on August 3, 1977.


</P>
</DIV8>


<DIV8 N="§ 761.5" NODE="30:3.0.1.6.28.0.1.3" TYPE="SECTION">
<HEAD>§ 761.5   Definitions.</HEAD>
<P>For the purposes of this part—
</P>
<P><I>Cemetery</I> means any area of land where human bodies are interred.
</P>
<P><I>Community or institutional building</I> means any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental-health or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.
</P>
<P><I>Occupied dwelling</I> means any building that is currently being used on a regular or temporary basis for human habitation.
</P>
<P><I>Public building</I> means any structure that is owned or leased, and principally used by a governmental agency for public business or meetings.
</P>
<P><I>Public park</I> means an area or portion of an area dedicated or designated by any Federal, State, or local agency primarily for public recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.
</P>
<P><I>Public road</I> means a road (a) which has been designated as a public road pursuant to the laws of the jurisdiction in which it is located; (b) which is maintained with public funds in a manner similar to other public roads of the same classification within the jurisdiction; (c) for which there is substantial (more than incidental) public use; and (d) which meets road construction standards for other public roads of the same classification in the local jurisdiction.
</P>
<P><I>Publicly-owned park</I> means a public park that is owned by a Federal, State or local governmental entity.
</P>
<P><I>Significant forest cover</I> means an existing plant community consisting predominantly of trees and other woody vegetation. The Secretary of Agriculture shall decide on a case-by-case basis whether the forest cover is significant within those national forests west of the 100th meridian.
</P>
<P><I>Significant recreational, timber, economic, or other values incompatible with surface coal mining operations</I> means those values to be evaluated for their significance which could be damaged by, and are not capable of existing together with, surface coal mining operations because of the undesirable effects mining would have on those values, either on the area included in the permit application or on other affected areas. Those values to be evaluated for their importance include:
</P>
<P>(a) Recreation, including hiking, boating, camping, skiing or other related outdoor activities;
</P>
<P>(b) Timber manager and silviculture;
</P>
<P>(c) Agriculture, aquaculture or production of other natural, processed or manufactured products which enter commerce;
</P>
<P>(d) Scenic, historic, archeologic, esthetic, fish, wildlife, plants or cultural interests.
</P>
<P><I>Surface operations and impacts incident to an underground coal mine</I> means all activities involved in or related to underground coal mining which are either conducted on the surface of the land, produce changes in the land surface or disturb the surface, air or water resources of the area, including all activities listed in section 701(28) of the Act and the definition of surface coal mining operations appearing in § 700.5 of this chapter.
</P>
<P><I>Valid existing rights</I> means a set of circumstances under which a person may, subject to regulatory authority approval, conduct surface coal mining operations on lands where 30 U.S.C. 1272(e) and § 761.11 would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of § 761.11 and 30 U.S.C. 1272(e). A person seeking to exercise valid existing rights must comply with all other pertinent requirements of the Act and the applicable regulatory program.
</P>
<P>(a) <I>Property rights demonstration.</I> Except as provided in paragraph (c) of this definition, a person claiming valid existing rights must demonstrate that a legally binding conveyance, lease, deed, contract, or other document vests that person, or a predecessor in interest, with the right to conduct the type of surface coal mining operations intended. This right must exist at the time that the land came under the protection of § 761.11 or 30 U.S.C. 1272(e). Applicable State statutory or case law will govern interpretation of documents relied upon to establish property rights, unless Federal law provides otherwise. If no applicable State law exists, custom and generally accepted usage at the time and place that the documents came into existence will govern their interpretation.
</P>
<P>(b) Except as provided in paragraph (c) of this definition, a person claiming valid existing rights also must demonstrate compliance with one of the following standards:
</P>
<P>(1) <I>Good faith/all permits standard.</I> All permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith effort to obtain all necessary permits and authorizations had been made, before the land came under the protection of § 761.11 or 30 U.S.C. 1272(e). At a minimum, an application must have been submitted for any permit required under subchapter G of this chapter or its State program counterpart.
</P>
<P>(2) <I>Needed for and adjacent standard.</I> The land is needed for and immediately adjacent to a surface coal mining operation for which all permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith attempt to obtain all permits and authorizations had been made, before the land came under the protection of § 761.11 or 30 U.S.C. 1272(e). To meet this standard, a person must demonstrate that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of § 761.11 or 30 U.S.C. 1272(e). Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of § 761.11 or 30 U.S.C. 1272(e) when the regulatory authority approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the agency making the determination may consider factors such as:
</P>
<P>(i) The extent to which coal supply contracts or other legal and business commitments that predate the time that the land came under the protection of § 761.11 or 30 U.S.C. 1272(e) depend upon use of that land for surface coal mining operations.
</P>
<P>(ii) The extent to which plans used to obtain financing for the operation before the land came under the protection of § 761.11 or 30 U.S.C. 1272(e) rely upon use of that land for surface coal mining operations.
</P>
<P>(iii) The extent to which investments in the operation before the land came under the protection of § 761.11 or 30 U.S.C. 1272(e) rely upon use of that land for surface coal mining operations.
</P>
<P>(iv) Whether the land lies within the area identified on the life-of-mine map submitted under § 779.24(c) or § 783.24(c) of this chapter before the land came under the protection of § 761.11.
</P>
<P>(c) <I>Roads.</I> A person who claims valid existing rights to use or construct a road across the surface of lands protected by § 761.11 or 30 U.S.C. 1272(e) must demonstrate that one or more of the following circumstances exist if the road is included within the definition of “surface coal mining operations” in § 700.5 of this chapter:
</P>
<P>(1) The road existed when the land upon which it is located came under the protection of § 761.11 or 30 U.S.C. 1272(e), and the person has a legal right to use the road for surface coal mining operations.
</P>
<P>(2) A properly recorded right of way or easement for a road in that location existed when the land came under the protection of § 761.11 or 30 U.S.C. 1272(e), and, under the document creating the right of way or easement, and under subsequent conveyances, the person has a legal right to use or construct a road across the right of way or easement for surface coal mining operations.
</P>
<P>(3) A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of § 761.11 or 30 U.S.C. 1272(e).
</P>
<P>(4) Valid existing rights exist under paragraphs (a) and (b) of this definition.
</P>
<P><I>We, us,</I> and <I>our</I> refer to the Office of Surface Mining Reclamation and Enforcement.
</P>
<P><I>You</I> and <I>your</I> refer to a person who claims or seeks to obtain an exception or waiver authorized by § 761.11 or 30 U.S.C. 1272(e).
</P>
<CITA TYPE="N">[48 FR 41348, Sept. 14, 1983, as amended at 52 FR 4261, Feb. 10, 1987; 56 FR 65634, Dec. 17, 1991; 64 FR 70831, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 761.10" NODE="30:3.0.1.6.28.0.1.4" TYPE="SECTION">
<HEAD>§ 761.10   Information collection.</HEAD>
<P>(a) In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of this part. The OMB clearance number is 1029-0111. The regulatory authority or other responsible agency will use this information to determine whether a person has valid existing rights or qualifies for one of the other waivers or exemptions from the general prohibition on conducting surface coal mining operations in the areas listed in 30 U.S.C. 1272(e). Persons seeking to conduct surface coal mining operations on these lands must respond to obtain a benefit in accordance with 30 U.S.C. 1272(e).
</P>
<P>(b) We estimate that the public reporting and recordkeeping burden for this part will average 15 hours per response under § 761.13, 0.5 hour per response under § 761.14, 2 hours per response under § 761.15, 14 hours per response under § 761.16, 2 hours per response under § 761.17(c), and 2 hours per response under § 761.17(d), including time spent reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The burden for § 761.16 includes 6 hours for the person seeking the determination and 8 hours for the agency processing the request. Send comments regarding this burden estimate or any other aspect of these information collection and recordkeeping requirements, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951 Constitution Avenue, N.W., Washington, DC 20240; and the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Interior Desk Officer, 725 17th Street, N.W., Washington, DC 20503. Please refer to OMB Control Number 1029-0111 in any correspondence.
</P>
<CITA TYPE="N">[64 FR 70832, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 761.11" NODE="30:3.0.1.6.28.0.1.5" TYPE="SECTION">
<HEAD>§ 761.11   Areas where surface coal mining operations are prohibited or limited.</HEAD>
<P>You may not conduct surface coal mining operations on the following lands unless you either have valid existing rights, as determined under § 761.16, or qualify for the exception for existing operations under § 761.12:
</P>
<P>(a) Any lands within the boundaries of:
</P>
<P>(1) The National Park System;
</P>
<P>(2) The National Wildlife Refuge System;
</P>
<P>(3) The National System of Trails;
</P>
<P>(4) The National Wilderness Preservation System;
</P>
<P>(5) The Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1276(a), or study rivers or study river corridors established in any guidelines issued under that Act; or
</P>
<P>(6) National Recreation Areas designated by Act of Congress.
</P>
<P>(b) Any Federal lands within a national forest. This prohibition does not apply if the Secretary finds that there are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations, and:
</P>
<P>(1) Any surface operations and impacts will be incident to an underground coal mine; or
</P>
<P>(2) With respect to lands that do not have significant forest cover within national forests west of the 100th meridian, the Secretary of Agriculture has determined that surface mining is in compliance with the Act, the Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. 528-531; the Federal Coal Leasing Amendments Act of 1975, 30 U.S.C. 181 <I>et seq.;</I> and the National Forest Management Act of 1976, 16 U.S.C. 1600 <I>et seq.</I> This provision does not apply to the Custer National Forest.
</P>
<P>(c) Any lands where the operation would adversely affect any publicly owned park or any place in the National Register of Historic Places. This prohibition does not apply if, as provided in § 761.17(d), the regulatory authority and the Federal, State, or local agency with jurisdiction over the park or place jointly approve the operation.
</P>
<P>(d) Within 100 feet, measured horizontally, of the outside right-of-way line of any public road. This prohibition does not apply:
</P>
<P>(1) Where a mine access or haul road joins a public road, or
</P>
<P>(2) When, as provided in § 761.14, the regulatory authority (or the appropriate public road authority designated by the regulatory authority) allows the public road to be relocated or closed, or the area within the protected zone to be affected by the surface coal mining operation, after:
</P>
<P>(i) Providing public notice and opportunity for a public hearing; and
</P>
<P>(ii) Finding in writing that the interests of the affected public and landowners will be protected.
</P>
<P>(e) Within 300 feet, measured horizontally, of any occupied dwelling. This prohibition does not apply when:
</P>
<P>(1) The owner of the dwelling has provided a written waiver consenting to surface coal mining operations within the protected zone, as provided in § 761.15; or
</P>
<P>(2) The part of the operation to be located closer than 300 feet to the dwelling is an access or haul road that connects with an existing public road on the side of the public road opposite the dwelling.
</P>
<P>(f) Within 300 feet, measured horizontally, of any public building, school, church, community or institutional building, or public park.
</P>
<P>(g) Within 100 feet, measured horizontally, of a cemetery. This prohibition does not apply if the cemetery is relocated in accordance with all applicable laws and regulations.
</P>
<CITA TYPE="N">[64 FR 70832, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 761.12" NODE="30:3.0.1.6.28.0.1.6" TYPE="SECTION">
<HEAD>§ 761.12   Exception for existing operations.</HEAD>
<P>The prohibitions and limitations of § 761.11 do not apply to:
</P>
<P>(a) Surface coal mining operations for which a valid permit, issued under Subchapter G of this chapter or an approved State regulatory program, exists when the land comes under the protection of § 761.11. This exception applies only to lands within the permit area as it exists when the land comes under the protection of § 761.11.
</P>
<P>(b) With respect to operations subject to Subchapter B of this chapter, lands upon which validly authorized surface coal mining operations exist when the land comes under the protection of 30 U.S.C. 1272(e) or § 761.11.
</P>
<CITA TYPE="N">[64 FR 70833, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 761.13" NODE="30:3.0.1.6.28.0.1.7" TYPE="SECTION">
<HEAD>§ 761.13   Procedures for compatibility findings for surface coal mining operations on Federal lands in national forests.</HEAD>
<P>(a) If you intend to rely upon the exception provided in § 761.11(b) to conduct surface coal mining operations on Federal lands within a national forest, you must request that we obtain the Secretarial findings required by § 761.11(b).
</P>
<P>(b) You may submit a request to us before preparing and submitting an application for a permit or boundary revision. If you do, you must explain how the proposed operation would not damage the values listed in the definition of “significant recreational, timber, economic, or other values incompatible with surface coal mining operations” in § 761.5. You must include a map and sufficient information about the nature of the proposed operation for the Secretary to make adequately documented findings. We may request that you provide any additional information that we determine is needed to make the required findings.
</P>
<P>(c) When a proposed surface coal mining operation or proposed boundary revision for an existing surface coal mining operation includes Federal lands within a national forest, the regulatory authority may not issue the permit or approve the boundary revision before the Secretary makes the findings required by § 761.11(b).
</P>
<CITA TYPE="N">[64 FR 70833, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 761.14" NODE="30:3.0.1.6.28.0.1.8" TYPE="SECTION">
<HEAD>§ 761.14   Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road.</HEAD>
<P>(a) This section does not apply to:
</P>
<P>(1) Lands for which a person has valid existing rights, as determined under § 761.16.
</P>
<P>(2) Lands within the scope of the exception for existing operations in § 761.12.
</P>
<P>(3) Access or haul roads that join a public road, as described in § 761.11(d)(1).
</P>
<P>(b) You must obtain any necessary approvals from the authority with jurisdiction over the road if you propose to:
</P>
<P>(1) Relocate a public road;
</P>
<P>(2) Close a public road; or
</P>
<P>(3) Conduct surface coal mining operations within 100 feet, measured horizontally, of the outside right-of-way line of a public road.
</P>
<P>(c) Before approving an action proposed under paragraph (b) of this section, the regulatory authority, or a public road authority that it designates, must determine that the interests of the public and affected landowners will be protected. Before making this determination, the authority must:
</P>
<P>(1) Provide a public comment period and opportunity to request a public hearing in the locality of the proposed operation;
</P>
<P>(2) If a public hearing is requested, publish appropriate advance notice at least two weeks before the hearing in a newspaper of general circulation in the affected locality; and
</P>
<P>(3) Based upon information received from the public, make a written finding as to whether the interests of the public and affected landowners will be protected. If a hearing was held, the authority must make this finding within 30 days after the hearing. If no hearing was held, the authority must make this finding within 30 days after the end of the public comment period.
</P>
<CITA TYPE="N">[64 FR 70833, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 761.15" NODE="30:3.0.1.6.28.0.1.9" TYPE="SECTION">
<HEAD>§ 761.15   Procedures for waiving the prohibition on surface coal mining operations within the buffer zone of an occupied dwelling.</HEAD>
<P>(a) This section does not apply to:
</P>
<P>(1) Lands for which a person has valid existing rights, as determined under § 761.16.
</P>
<P>(2) Lands within the scope of the exception for existing operations in § 761.12.
</P>
<P>(3) Access or haul roads that connect with an existing public road on the side of the public road opposite the dwelling, as provided in § 761.11(e)(2).
</P>
<P>(b) If you propose to conduct surface coal mining operations within 300 feet, measured horizontally, of any occupied dwelling, the permit application must include a written waiver by lease, deed, or other conveyance from the owner of the dwelling. The waiver must clarify that the owner and signator had the legal right to deny mining and knowingly waived that right. The waiver will act as consent to surface coal mining operations within a closer distance of the dwelling as specified.
</P>
<P>(c) If you obtained a valid waiver before August 3, 1977, from the owner of an occupied dwelling to conduct operations within 300 feet of the dwelling, you need not submit a new waiver.
</P>
<P>(d) If you obtain a valid waiver from the owner of an occupied dwelling, that waiver will remain effective against subsequent purchasers who had actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser will be deemed to have constructive knowledge if the waiver has been properly filed in public property records pursuant to State laws or if surface coal mining operations have entered the 300-foot zone before the date of purchase.
</P>
<CITA TYPE="N">[64 FR 70833, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 761.16" NODE="30:3.0.1.6.28.0.1.10" TYPE="SECTION">
<HEAD>§ 761.16   Submission and processing of requests for valid existing rights determinations.</HEAD>
<P>(a) <I>Basic framework for valid existing rights determinations.</I> The following table identifies the agency responsible for making a valid existing rights determination and the definition that it must use, based upon which paragraph of § 761.11 applies and whether the request includes Federal lands.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Paragraph of § 761.11 that provides protection
</TH><TH class="gpotbl_colhed" scope="col">Protected feature
</TH><TH class="gpotbl_colhed" scope="col">Type of land to which
<br/>request pertains
</TH><TH class="gpotbl_colhed" scope="col">Agency responsible for
<br/>determination
</TH><TH class="gpotbl_colhed" scope="col">Applicable definition of valid existing rights
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a)</TD><TD align="left" class="gpotbl_cell">National parks, wildlife refuges, etc.</TD><TD align="left" class="gpotbl_cell">Federal</TD><TD align="left" class="gpotbl_cell">OSM</TD><TD align="left" class="gpotbl_cell">Federal 
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(a)</TD><TD align="left" class="gpotbl_cell">National parks, wildlife refuges, etc.</TD><TD align="left" class="gpotbl_cell">Non-Federal</TD><TD align="left" class="gpotbl_cell">Regulatory authority</TD><TD align="left" class="gpotbl_cell">Federal 
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(b)</TD><TD align="left" class="gpotbl_cell">Federal lands in national forests 
<sup>3</sup></TD><TD align="left" class="gpotbl_cell">Federal</TD><TD align="left" class="gpotbl_cell">OSM</TD><TD align="left" class="gpotbl_cell">Federal 
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(c)</TD><TD align="left" class="gpotbl_cell">Public parks and historic places</TD><TD align="left" class="gpotbl_cell">Does not matter</TD><TD align="left" class="gpotbl_cell">Regulatory authority</TD><TD align="left" class="gpotbl_cell">Regulatory program 
<sup>2</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(d)</TD><TD align="left" class="gpotbl_cell">Public roads</TD><TD align="left" class="gpotbl_cell">Does not matter</TD><TD align="left" class="gpotbl_cell">Regulatory authority</TD><TD align="left" class="gpotbl_cell">Regulatory program 
<sup>2</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(e)</TD><TD align="left" class="gpotbl_cell">Occupied dwellings</TD><TD align="left" class="gpotbl_cell">Does not matter</TD><TD align="left" class="gpotbl_cell">Regulatory authority</TD><TD align="left" class="gpotbl_cell">Regulatory program 
<sup>2</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(f)</TD><TD align="left" class="gpotbl_cell">Schools, churches, parks, etc.</TD><TD align="left" class="gpotbl_cell">Does not matter</TD><TD align="left" class="gpotbl_cell">Regulatory authority</TD><TD align="left" class="gpotbl_cell">Regulatory program 
<sup>2</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(g)</TD><TD align="left" class="gpotbl_cell">Cemeteries</TD><TD align="left" class="gpotbl_cell">Does not matter</TD><TD align="left" class="gpotbl_cell">Regulatory authority</TD><TD align="left" class="gpotbl_cell">Regulatory program 
<sup>2</sup>
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Definition in 30 CFR 761.5.
</P><P class="gpotbl_note">
<sup>2</sup> Definition in applicable State or Federal regulatory program under 30 CFR Chapter VII, Subchapter T.
</P><P class="gpotbl_note">
<sup>3</sup> Neither 30 U.S.C. 1272(e) nor 30 CFR 761.11 provides special protection for non-Federal lands within national forests. Therefore, this table does not include a category for those lands.</P></DIV></DIV>
<P>(b) <I>What you must submit as part of a request for a valid existing rights determination.</I> You must submit a request for a valid existing rights determination to the appropriate agency under paragraph (a) of this section if you intend to conduct surface coal mining operations on the basis of valid existing rights under § 761.11 or wish to confirm the right to do so. You may submit this request before preparing and submitting an application for a permit or boundary revision for the land, unless the applicable regulatory program provides otherwise.
</P>
<P>(1) <I>Requirements for property rights demonstration.</I> You must provide a property rights demonstration under paragraph (a) of the definition of valid existing rights in § 761.5 if your request relies upon the good faith/all permits standard or the needed for and adjacent standard in paragraph (b) of the definition of valid existing rights in § 761.5. This demonstration must include the following items:
</P>
<P>(i) A legal description of the land to which your request pertains.
</P>
<P>(ii) Complete documentation of the character and extent of your current interests in the surface and mineral estates of the land to which your request pertains.
</P>
<P>(iii) A complete chain of title for the surface and mineral estates of the land to which your request pertains.
</P>
<P>(iv) A description of the nature and effect of each title instrument that forms the basis for your request, including any provision pertaining to the type or method of mining or mining-related surface disturbances and facilities.
</P>
<P>(v) A description of the type and extent of surface coal mining operations that you claim the right to conduct, including the method of mining, any mining-related surface activities and facilities, and an explanation of how those operations would be consistent with State property law.
</P>
<P>(vi) Complete documentation of the nature and ownership, as of the date that the land came under the protection of § 761.11 or 30 U.S.C. 1272(e), of all property rights for the surface and mineral estates of the land to which your request pertains.
</P>
<P>(vii) Names and addresses of the current owners of the surface and mineral estates of the land to which your request pertains.
</P>
<P>(viii) If the coal interests have been severed from other property interests, documentation that you have notified and provided reasonable opportunity for the owners of other property interests in the land to which your request pertains to comment on the validity of your property rights claims.
</P>
<P>(ix) Any comments that you receive in response to the notification provided under paragraph (b)(1)(viii) of this section.
</P>
<P>(2) <I>Requirements for good faith/all permits standard.</I> If your request relies upon the good faith/all permits standard in paragraph (b)(1) of the definition of valid existing rights in § 761.5, you must submit the information required under paragraph (b)(1) of this section. You also must submit the following information about permits, licenses, and authorizations for surface coal mining operations on the land to which your request pertains:
</P>
<P>(i) Approval and issuance dates and identification numbers for any permits, licenses, and authorizations that you or a predecessor in interest obtained before the land came under the protection of § 761.11 or 30 U.S.C. 1272(e).
</P>
<P>(ii) Application dates and identification numbers for any permits, licenses, and authorizations for which you or a predecessor in interest submitted an application before the land came under the protection of § 761.11 or 30 U.S.C. 1272(e).
</P>
<P>(iii) An explanation of any other good faith effort that you or a predecessor in interest made to obtain the necessary permits, licenses, and authorizations as of the date that the land came under the protection of § 761.11 or 30 U.S.C. 1272(e).
</P>
<P>(3) <I>Requirements for needed for and adjacent standard.</I> If your request relies upon the needed for and adjacent standard in paragraph (b)(2) of the definition of valid existing rights in § 761.5, you must submit the information required under paragraph (b)(1) of this section. In addition, you must explain how and why the land is needed for and immediately adjacent to the operation upon which your request is based, including a demonstration that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of § 761.11 or 30 U.S.C. 1272(e).
</P>
<P>(4) <I>Requirements for standards for mine roads.</I> If your request relies upon one of the standards for roads in paragraphs (c)(1) through (c)(3) of the definition of valid existing rights in § 761.5, you must submit satisfactory documentation that:
</P>
<P>(i) The road existed when the land upon which it is located came under the protection of § 761.11 or 30 U.S.C. 1272(e), and you have a legal right to use the road for surface coal mining operations;
</P>
<P>(ii) A properly recorded right of way or easement for a road in that location existed when the land came under the protection of § 761.11 or 30 U.S.C. 1272(e), and, under the document creating the right of way or easement, and under any subsequent conveyances, you have a legal right to use or construct a road across that right of way or easement to conduct surface coal mining operations; or
</P>
<P>(iii) A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of § 761.11 or 30 U.S.C. 1272(e).
</P>
<P>(c) <I>Initial review of request.</I> (1) The agency must conduct an initial review to determine whether your request includes all applicable components of the submission requirements of paragraph (b) of this section. This review pertains only to the completeness of the request, not the legal or technical adequacy of the materials submitted.
</P>
<P>(2) If your request does not include all applicable components of the submission requirements of paragraph (b) of this section, the agency must notify you and establish a reasonable time for submission of the missing information.
</P>
<P>(3) When your request includes all applicable components of the submission requirements of paragraph (b) of this section, the agency must implement the notice and comment requirements of paragraph (d) of this section.
</P>
<P>(4) If you do not provide information that the agency requests under paragraph (c)(2) of this section within the time specified or as subsequently extended, the agency must issue a determination that you have not demonstrated valid existing rights, as provided in paragraph (e)(4) of this section.
</P>
<P>(d) <I>Notice and comment requirements and procedures.</I> (1) When your request satisfies the completeness requirements of paragraph (c) of this section, the agency must publish a notice in a newspaper of general circulation in the county in which the land is located. This notice must invite comment on the merits of the request. Alternatively, the agency may require that you publish this notice and provide the agency with a copy of the published notice. We will publish a similar notice in the <E T="04">Federal Register</E> if your request involves Federal lands within an area listed in § 761.11(a) or (b). Each notice must include:
</P>
<P>(i) The location of the land to which the request pertains.
</P>
<P>(ii) A description of the type of surface coal mining operations planned.
</P>
<P>(iii) A reference to and brief description of the applicable standard(s) under the definition of valid existing rights in § 761.5.
</P>
<P>(A) If your request relies upon the good faith/all permits standard or the needed for and adjacent standard in paragraph (b) of the definition of valid existing rights in § 761.5, the notice also must include a description of the property rights that you claim and the basis for your claim.
</P>
<P>(B) If your request relies upon the standard in paragraph (c)(1) of the definition of valid existing rights in § 761.5, the notice also must include a description of the basis for your claim that the road existed when the land came under the protection of § 761.11 or 30 U.S.C. 1272(e). In addition, the notice must include a description of the basis for your claim that you have a legal right to use that road for surface coal mining operations.
</P>
<P>(C) If your request relies upon the standard in paragraph (c)(2) of the definition of valid existing rights in § 761.5, the notice also must include a description of the basis for your claim that a properly recorded right of way or easement for a road in that location existed when the land came under the protection of § 761.11 or 30 U.S.C. 1272(e). In addition, the notice must include a description of the basis for your claim that, under the document creating the right of way or easement, and under any subsequent conveyances, you have a legal right to use or construct a road across the right of way or easement to conduct surface coal mining operations.
</P>
<P>(iv) If your request relies upon one or more of the standards in paragraphs (b), (c)(1), and (c)(2) of the definition of valid existing rights in § 761.5, a statement that the agency will not make a decision on the merits of your request if, by the close of the comment period under this notice or the notice required by paragraph (d)(3) of this section, a person with a legal interest in the land initiates appropriate legal action in the proper venue to resolve any differences concerning the validity or interpretation of the deed, lease, easement, or other documents that form the basis of your claim.
</P>
<P>(v) A description of the procedures that the agency will follow in processing your request.
</P>
<P>(vi) The closing date of the comment period, which must be a minimum of 30 days after the publication date of the notice.
</P>
<P>(vii) A statement that interested persons may obtain a 30-day extension of the comment period upon request.
</P>
<P>(viii) The name and address of the agency office where a copy of the request is available for public inspection and to which comments and requests for extension of the comment period should be sent.
</P>
<P>(2) The agency must promptly provide a copy of the notice required under paragraph (d)(1) of this section to:
</P>
<P>(i) All reasonably locatable owners of surface and mineral estates in the land included in your request.
</P>
<P>(ii) The owner of the feature causing the land to come under the protection of § 761.11, and, when applicable, the agency with primary jurisdiction over the feature with respect to the values causing the land to come under the protection of § 761.11. For example, both the landowner and the State Historic Preservation Officer must be notified if surface coal mining operations would adversely impact any site listed on the National Register of Historic Places. As another example, both the surface owner and the National Park Service must be notified if the request includes non-Federal lands within the authorized boundaries of a unit of the National Park System.
</P>
<P>(3) The letter transmitting the notice required under paragraph (d)(2) of this section must provide a 30-day comment period, starting from the date of service of the letter, and specify that another 30 days is available upon request. At its discretion, the agency responsible for the determination of valid existing rights may grant additional time for good cause upon request. The agency need not necessarily consider comments received after the closing date of the comment period.
</P>
<P>(e) <I>How a decision will be made.</I> (1) The agency responsible for making the determination of valid existing rights must review the materials submitted under paragraph (b) of this section, comments received under paragraph (d) of this section, and any other relevant, reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request. If not, the agency must notify you in writing, explaining the inadequacy of the record and requesting submittal, within a specified reasonable time, of any additional information that the agency deems necessary to remedy the inadequacy.
</P>
<P>(2) Once the record is complete and adequate, the responsible agency must determine whether you have demonstrated valid existing rights. The decision document must explain how you have or have not satisfied all applicable elements of the definition of valid existing rights in § 761.5. It must contain findings of fact and conclusions, and it must specify the reasons for the conclusions.
</P>
<P>(3) <I>Impact of property rights disagreements.</I> This paragraph applies only when your request relies upon one or more of the standards in paragraphs (b), (c)(1), and (c)(2) of the definition of valid existing rights in § 761.5.
</P>
<P>(i) The agency must issue a determination that you have not demonstrated valid existing rights if your property rights claims are the subject of pending litigation in a court or administrative body with jurisdiction over the property rights in question. The agency will make this determination without prejudice, meaning that you may refile the request once the property rights dispute is finally adjudicated. This paragraph applies only to situations in which legal action has been initiated as of the closing date of the comment period under paragraph (d)(1) or (d)(3) of this section.
</P>
<P>(ii) If the record indicates disagreement as to the accuracy of your property rights claims, but this disagreement is not the subject of pending litigation in a court or administrative agency of competent jurisdiction, the agency must evaluate the merits of the information in the record and determine whether you have demonstrated that the requisite property rights exist under paragraph (a), (c)(1), or (c)(2) of the definition of valid existing rights in § 761.5, as appropriate. The agency must then proceed with the decision process under paragraph (e)(2) of this section.
</P>
<P>(4) The agency must issue a determination that you have not demonstrated valid existing rights if you do not submit information that the agency requests under paragraph (c)(2) or (e)(1) of this section within the time specified or as subsequently extended. The agency will make this determination without prejudice, meaning that you may refile a revised request at any time.
</P>
<P>(5) After making a determination, the agency must:
</P>
<P>(i) Provide a copy of the determination, together with an explanation of appeal rights and procedures, to you, to the owner or owners of the land to which the determination applies, to the owner of the feature causing the land to come under the protection of § 761.11, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of § 761.11.
</P>
<P>(ii) Publish notice of the determination in a newspaper of general circulation in the county in which the land is located. Alternatively, the agency may require that you publish this notice and provide a copy of the published notice to the agency. We will publish the determination, together with an explanation of appeal rights and procedures, in the <E T="04">Federal Register</E> if your request includes Federal lands within an area listed in § 761.11(a) or (b).
</P>
<P>(f) <I>Administrative and judicial review.</I> A determination that you have or do not have valid existing rights is subject to administrative and judicial review under §§ 775.11 and 775.13 of this chapter.
</P>
<P>(g) <I>Availability of records.</I> The agency responsible for processing a request subject to notice and comment under paragraph (d) of this section must make a copy of that request available to the public in the same manner as the agency, when acting as the regulatory authority, must make permit applications available to the public under § 773.6(d) of this chapter. In addition, the agency must make records associated with that request, and any subsequent determination under paragraph (e) of this section, available to the public in accordance with the requirements and procedures of § 840.14 or § 842.16 of this chapter.
</P>
<CITA TYPE="N">[64 FR 70833, Dec. 17, 1999, as amended at 75 FR 60275, Sept. 29, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 761.17" NODE="30:3.0.1.6.28.0.1.11" TYPE="SECTION">
<HEAD>§ 761.17   Regulatory authority obligations at time of permit application review.</HEAD>
<P>(a) Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision of the boundaries of a surface coal mining operation permit, the regulatory authority must review the application to determine whether the proposed surface coal mining operation would be located on any lands protected under § 761.11.
</P>
<P>(b) The regulatory authority must reject any portion of the application that would locate surface coal mining operations on land protected under § 761.11 unless:
</P>
<P>(1) The site qualifies for the exception for existing operations under § 761.12;
</P>
<P>(2) A person has valid existing rights for the land, as determined under § 761.16;
</P>
<P>(3) The applicant obtains a waiver or exception from the prohibitions of § 761.11 in accordance with §§ 761.13 through 761.15; or
</P>
<P>(4) For lands protected by § 761.11(c), both the regulatory authority and the agency with jurisdiction over the park or place jointly approve the proposed operation in accordance with paragraph (d) of this section.
</P>
<P>(c) <I>Location verification.</I> If the regulatory authority has difficulty determining whether an application includes land within an area specified in § 761.11(a) or within the specified distance from a structure or feature listed in § 761.11(f) or (g), the regulatory authority must request that the Federal, State, or local governmental agency with jurisdiction over the protected land, structure, or feature verify the location.
</P>
<P>(1) The request for location verification must:
</P>
<P>(i) Include relevant portions of the permit application.
</P>
<P>(ii) Provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request.
</P>
<P>(iii) Specify that the regulatory authority will not necessarily consider a response received after the comment period provided under paragraph (c)(1)(ii) of this section.
</P>
<P>(2) If the agency does not respond in a timely manner, the regulatory authority may make the necessary determination based on available information.
</P>
<P>(d) <I>Procedures for joint approval of surface coal mining operations that will adversely affect publicly owned parks or historic places.</I> (1) If the regulatory authority determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place included in the National Register of Historic Places, the regulatory authority must request that the Federal, State, or local agency with jurisdiction over the park or place either approve or object to the proposed operation. The request must:
</P>
<P>(i) Include a copy of applicable parts of the permit application.
</P>
<P>(ii) Provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request.
</P>
<P>(iii) State that failure to interpose an objection within the time specified under paragraph (d)(1)(ii) of this section will constitute approval of the proposed operation.
</P>
<P>(2) The regulatory authority may not issue a permit for a proposed operation subject to paragraph (d)(1) of this section unless all affected agencies jointly approve.
</P>
<P>(3) Paragraphs (d)(1) and (d)(2) of this section do not apply to:
</P>
<P>(i) Lands for which a person has valid existing rights, as determined under § 761.16.
</P>
<P>(ii) Lands within the scope of the exception for existing operations in § 761.12.
</P>
<CITA TYPE="N">[64 FR 70836, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 761.200" NODE="30:3.0.1.6.28.0.1.12" TYPE="SECTION">
<HEAD>§ 761.200   Interpretative rule related to subsidence due to underground coal mining in areas designated by Act of Congress.</HEAD>
<P>OSM has adopted the following interpretation of rules promulgated in part 761.
</P>
<P>(a) <I>Interpretation of § 761.11—Areas where mining is prohibited or limited.</I> Subsidence due to underground coal mining is not included in the definition of surface coal mining operations under section 701(28) of the Act and § 700.5 of this chapter and therefore is not prohibited in areas protected under section 522(e) of the Act.
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[64 FR 70866, Dec. 17, 1999]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="762" NODE="30:3.0.1.6.29" TYPE="PART">
<HEAD>PART 762—CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 41350, Sept. 14, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 762.1" NODE="30:3.0.1.6.29.0.1.1" TYPE="SECTION">
<HEAD>§ 762.1   Scope.</HEAD>
<P>This part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 762.4" NODE="30:3.0.1.6.29.0.1.2" TYPE="SECTION">
<HEAD>§ 762.4   Responsibility.</HEAD>
<P>The regulatory authority or OSM shall use the criteria in this part for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 762.5" NODE="30:3.0.1.6.29.0.1.3" TYPE="SECTION">
<HEAD>§ 762.5   Definitions.</HEAD>
<P>For purposes of this part:
</P>
<P><I>Fragile lands</I> means areas containing natural, ecologic, scientific, or esthetic resources that could be significantly damaged by surface coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, National Natural Landmarks, areas where mining may result in flooding, environmental corridors containing a concentration of ecologic and esthetic features, and areas of recreational value due to high environmental quality.
</P>
<P><I>Historic lands</I> means areas containing historic, cultural, or scientific resources. Examples of historic lands include archeological sites, properties listed on or eligible for listing on a State or National Register of Historic Places, National Historic Landmarks, properties having religious or cultural significance to Native Americans or religious groups, and properties for which historic designation is pending.
</P>
<P><I>Natural hazard lands</I> means geographic areas in which natural conditions exist which pose or, as a result of surface coal mining operations, may pose a threat to the health, safety or welfare of people, property or the environment, including areas subject to landslides, cave-ins, large or encroaching sand dunes, severe wind or soil erosion, frequent flooding, avalanches and areas of unstable geology.
</P>
<P><I>Renewable resource lands</I> means geographic areas which contribute significantly to the long-range productivity of water supply or of food or fiber products, such lands to include aquifers and aquifer recharge areas.
</P>
<P><I>Substantial legal and financial commitments in a surface coal mining operation</I> means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities, and other capital-intensive activities. Costs of acquiring the coal in place, or the right to mine it alone without other significant investments, as described above, are not sufficient to constitute substantial legal and financial commitments.
</P>
<CITA TYPE="N">[48 FR 41350, Sept. 14, 1983, as amended at 52 FR 18795, May 19, 1987; 53 FR 26584, July 13, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 762.11" NODE="30:3.0.1.6.29.0.1.4" TYPE="SECTION">
<HEAD>§ 762.11   Criteria for designating lands as unsuitable.</HEAD>
<P>(a) Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the regulatory authority determines that reclamation is not technologically and economically feasible under the Act, this chapter or an approved State program.
</P>
<P>(b) Upon petition an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will—
</P>
<P>(1) Be incompatible with existing State or local land use plans or programs;
</P>
<P>(2) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or esthetic values or natural systems; 
</P>
<P>(3) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or 
</P>
<P>(4) Affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. 


</P>
</DIV8>


<DIV8 N="§ 762.12" NODE="30:3.0.1.6.29.0.1.5" TYPE="SECTION">
<HEAD>§ 762.12   Additional criteria.</HEAD>
<P>(a) A State regulatory authority may establish additional or more stringent criteria for determining whether lands within the State should be designated as unsuitable for coal mining operations. Such criteria shall be approved pursuant to subchapter C of this chapter. 
</P>
<P>(b) The Secretary may establish additional criteria for determining whether Federal lands should be designated as unsuitable for surface mining operations. 
</P>
<P>(c) Additional criteria will be determined to be more stringent on the basis of whether they provide for greater protection of the public health, safety and welfare or the environment, such that areas beyond those specified in the criteria of this part would be designated as unsuitable for surface coal mining operations. 


</P>
</DIV8>


<DIV8 N="§ 762.13" NODE="30:3.0.1.6.29.0.1.6" TYPE="SECTION">
<HEAD>§ 762.13   Land exempt from designation as unsuitable for surface coal mining operations.</HEAD>
<P>The requirements of this part do not apply to—
</P>
<P>(a) Lands on which surface coal mining operations were being conducted on the date of enactment of the Act; 
</P>
<P>(b) Lands covered by a permit issued under the Act; or 
</P>
<P>(c) Lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977. 


</P>
</DIV8>


<DIV8 N="§ 762.14" NODE="30:3.0.1.6.29.0.1.7" TYPE="SECTION">
<HEAD>§ 762.14   Applicability to lands designated as unsuitable by Congress.</HEAD>
<P>Pursuant to appropriate petitions, lands listed in § 761.11 of this chapter are subject to designation as unsuitable for all or certain types of surface coal mining operations under this part and parts 764 and 769 of this chapter.
</P>
<CITA TYPE="N">[64 FR 70837, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 762.15" NODE="30:3.0.1.6.29.0.1.8" TYPE="SECTION">
<HEAD>§ 762.15   Exploration on land designated as unsuitable for surface coal mining operations.</HEAD>
<P>Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to section 522 of the Act and regulations of this subchapter does not prohibit coal exploration operations in the area, if conducted in accordance with the Act, this chapter, any approved State or Federal program, and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the regulatory authority under part 772 of this chapter, to ensure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining.
</P>
<CITA TYPE="N">[48 FR 41350, Sept. 14, 1983. Redesignated at 64 FR 70837, Dec. 17, 1999]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="764" NODE="30:3.0.1.6.30" TYPE="PART">
<HEAD>PART 764—STATE PROCESSES FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and Pub. L. 100-34. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 41351, Sept. 14, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 764.1" NODE="30:3.0.1.6.30.0.1.1" TYPE="SECTION">
<HEAD>§ 764.1   Scope.</HEAD>
<P>This part establishes minimum procedures and standards to be included in each approved State program for designating non-Federal and non-Indian lands in a State as unsuitable for all or certain types of surface coal mining operations and for terminating designations.


</P>
</DIV8>


<DIV8 N="§ 764.10" NODE="30:3.0.1.6.30.0.1.2" TYPE="SECTION">
<HEAD>§ 764.10   Information collection.</HEAD>
<P>The information collection requirements contained in §§ 764.21 and 764.25(b) have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0030. The information required in § 764.21 is necessary to allow the regulatory authority to develop a data base and inventory system to evaluate whether reclamation is feasible in areas covered by petitions. The information required in § 764.25(b) is necessary to allow the regulatory authority to determine, when a permit application is filed, whether it includes any areas designated as unsuitable for surface coal mining.


</P>
</DIV8>


<DIV8 N="§ 764.11" NODE="30:3.0.1.6.30.0.1.3" TYPE="SECTION">
<HEAD>§ 764.11   General process requirements.</HEAD>
<P>Each State shall establish a process enabling objective decisions to be made on which, if any, land areas of the State are unsuitable for all or certain types of surface coal mining operations. These decisions shall be based on competent, scientifically sound data and other relevant information. This process shall include the requirements listed in this part.


</P>
</DIV8>


<DIV8 N="§ 764.13" NODE="30:3.0.1.6.30.0.1.4" TYPE="SECTION">
<HEAD>§ 764.13   Petitions.</HEAD>
<P>(a) <I>Right to petition.</I> Any person having an interest which is or may be adversely affected has the right to petition the regulatory authority to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this Action, a person having an interest which is or may be adversely affected must demonstrate how he or she meets an “injury in fact” test by describing the injury to his or her specific affected interests and demonstrate how he or she is among the injured.
</P>
<P>(b) <I>Designation.</I> The regulatory authority shall determine what information must be provided by the petitioner to have an area designated as unsuitable for surface coal mining operations.
</P>
<P>(1) At a minimum, a complete petition for designation shall include—
</P>
<P>(i) The petitioner's name, address, telephone number, and notarized signature;
</P>
<P>(ii) Identification of the petitioned areas, including its location and size, and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area;
</P>
<P>(iii) An identification of the petitioner's interest which is or may be adversely affected by surface coal mining operations, including a statement demonstrating how the petitioner satisfies the requirements of paragraph (a) of this section;
</P>
<P>(iv) A description of how mining of the area has affected of may adversely affect people, land, air, water, or other resources, including the petitioner's interests; and
</P>
<P>(v) Allegations of fact and supporting evidence, covering all lands in the petition area, which tend to establish that the area is unsuitable for all or certain types of surface coal mining operations, pursuant to specific criteria of sections 522(a) (2) and (3) of the Act, assuming that contemporary mining practices required under applicable regulatory programs would be followed if the area were to be mined. Each of the allegations of fact should be specific as to the mining operation, if known, and the portion(s) of the petitioned area and petitioner's interests to which the allegation applies and be supported by evidence that tends to establish the validity of the allegations for the mining operation or portion of the petitioned areas.
</P>
<P>(2) The regulatory authority may request that the petitioner provide other supplementary information which is readily available. 
</P>
<P>(c) <I>Termination.</I> The regulatory authority shall determine what information must be provided by the petitioner to terminate designations of lands as unsuitable for surface coal mining operations. 
</P>
<P>(1) At a minimum, a complete petition for termination shall include— 
</P>
<P>(i) The petitioner's name, address, telephone number, and notarized signature; 
</P>
<P>(ii) Identification of the petitioned area, including its location and size and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area to which the termination petition applies; 
</P>
<P>(iii) An identification of the petitioner's interest which is or may be adversely affected by the designation that the area is unsuitable for surface coal mining operations including a statement demonstrating how the petitioner satisfies the requirements of paragraph (a) of this section; 
</P>
<P>(iv) Allegations of facts covering all lands for which the termination is proposed. Each of the allegations of fact shall be specific as to the mining operation, if any, and to portions of the petitioned area and petitioner's interests to which the allegation applies. The allegations shall be supported by evidence, not contained in the record of the designation proceeding, that tends to establish the validity of the allegations for the mining operation or portion of the petitioned area, assuming that contemporary mining practices required under applicable regulatory programs would be followed were the area to be mined. For areas previously and unsuccessfully proposed for termination, significant new allegations of facts and supporting evidence must be presented in the petition. Allegations and supporting evidence should also be specific to the basis for which the designation was made and tend to establish that the designation should be terminated on the following bases: 
</P>
<P>(A) Nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in § 762.11(b) of this chapter; 
</P>
<P>(B) Reclamation now being technologically and economically feasible if the designation was based on the criteria found in § 762.11(a) of this chapter; or 
</P>
<P>(C) Resources or conditions not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with surface coal mining operations during and after mining, if the designation was based on the criteria found in § 762.11(b) of this chapter; 
</P>
<P>(2) The State regulatory authority may request that the petitioner provide other supplementary information which is readily available. 


</P>
</DIV8>


<DIV8 N="§ 764.15" NODE="30:3.0.1.6.30.0.1.5" TYPE="SECTION">
<HEAD>§ 764.15   Initial processing, recordkeeping, and notification requirements.</HEAD>
<P>(a)(1) Within 30 days of receipt of a petition, the regulatory authority shall notify the petitioner by certified mail whether the petition is complete under § 764.13 (b) or (c). Complete, for a designation or termination petition, means that the information required under § 764.13 (b) or (c) has been provided.
</P>
<P>(2) The regulatory authority shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the regulatory authority finds there are not any identified coal resources in that area, it shall return the petition to the petitioner with a statement of the findings. 
</P>
<P>(3) If the regulatory authority determines that the petition is incomplete, frivolous, or that the petitioner does not meet the requirements of § 764.13(a), it shall return the petition to the petitioner with a written statement of the reasons for the determination and the categories of information needed to make the petition complete. A frivolous petition is one in which the allegations of harm lack serious merit.
</P>
<P>(4) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the regulatory authority shall determine if the new petition presents significant new allegations of facts with evidence which tends to establish the allegations. If the petition does not contain such material, the regulatory authority may choose not to consider the petition and may return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.
</P>
<P>(5) The regulatory authority shall notify the person who submits a petition of any application for a permit received which includes any area covered by the petition.
</P>
<P>(6) The regulatory authority may determine not to process any petition received insofar as it pertains to lands for which an administratively complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, the regulatory authority may issue a decision on a complete and accurate permit application and shall inform the petitioner why the regulatory authority cannot consider the part of the petition pertaining to the proposed permit area.
</P>
<P>(b)(1) Promptly after a petition is received, the regulatory authority shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area and in any official State register of public notices. The regulatory authority shall make copies of the petition available to the public and shall provide copies of the petition to other interested governmental agencies, intervenors, persons with an ownership interest of record in the property, and other persons known to the regulatory authority to have an interest in the property. Proper notice to persons with an ownership interest of record in the property shall comply with the requirements of applicable State law.
</P>
<P>(2) Promptly after the determination that a petition is complete, the regulatory authority shall request submissions from the general public of relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area, and in any official State register of public notices.
</P>
<P>(c) Until three days before the regulatory authority holds a hearing under § 764.17, any person may intervene in the proceeding by filing allegations of facts describing how the designation determination directly affects the intervenor, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number.
</P>
<P>(d) Beginning from the date a petition is filed, the regulatory authority shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the regulatory authority. The regulatory authority shall make the record available to the public for inspection free of charge and for copying at reasonable cost during all normal hours at the main office of the regulatory authority. The regulatory authority shall also maintain information at or near the area in which the petitioned land is located and make this information available to the public for inspection free of charge and for copying at reasonable cost during all normal business hours. At a minimum, this information shall include a copy of the petition.
</P>
<CITA TYPE="N">[48 FR 41351, Sept. 14, 1983, as amended at 52 FR 49323, 49324, Dec. 30, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 764.17" NODE="30:3.0.1.6.30.0.1.6" TYPE="SECTION">
<HEAD>§ 764.17   Hearing requirements.</HEAD>
<P>(a) Within 10 months after receipt of a complete petition, the regulatory authority shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The regulatory authority may subpoena witnesses as necessary. The hearing may be conducted with cross-examination of expert witnesses only. A record of the hearing shall be made and preserved according to State law. No person shall bear the burden of proof or persuasion. All relevant parts of the data base and inventory system and all public comments received during the public comment period shall be included in the record and considered by the regulatory authority in its decision on the petition.
</P>
<P>(b)(1) The regulatory authority shall give notice of the date, time, and location of the hearing to:
</P>
<P>(i) Local, State, and Federal agencies which may have an interest in the decision on the petition;
</P>
<P>(ii) The petitioner and the intervenors; and
</P>
<P>(iii) Any person known by the regulatory authority to have a property interest in the petitioned area. Proper notice to persons with an ownership interest of record shall comply with the requirements of applicable State law.
</P>
<P>(2) Notice of the hearing shall be sent by certified mail to petitioners and intervenors, and by regular mail to government agencies and property owners involved in the proceeding, and postmarked not less than 30 days before the scheduled date of the hearing.
</P>
<P>(c) The regulatory authority shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for 2 consecutive weeks in the locale of the area covered by the petition and once during the week prior to the public hearing. The consecutive weekly advertisement must begin between 4 and 5 weeks before the scheduled date of the public hearing.
</P>
<P>(d) The regulatory authority may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.
</P>
<P>(e) Prior to designating any land areas as unsuitable for surface coal mining operations, the regulatory authority shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.
</P>
<P>(f) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.


</P>
</DIV8>


<DIV8 N="§ 764.19" NODE="30:3.0.1.6.30.0.1.7" TYPE="SECTION">
<HEAD>§ 764.19   Decision.</HEAD>
<P>(a) In reaching its decision, the regulatory authority shall use—
</P>
<P>(1) The information contained in the data base and inventory system;
</P>
<P>(2) Information provided by other governmental agencies;
</P>
<P>(3) The detailed statement when it is prepared under § 764.17(e); and
</P>
<P>(4) Any other relevant information submitted during the comment period.
</P>
<P>(b) A final written decision shall be issued by the regulatory authority, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The regulatory authority shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons involved in the proceeding.
</P>
<P>(c) The decision of the State regulatory authority with respect to a petition, or the failure of the regulatory authority to act within the time limits set forth in this section, shall be subject to judicial review by a court of competent jurisdiction in accordance with State law under section 526(e) of the Act and § 775.13 of this chapter. All relevant portions of the data base, inventory system, and public comments received during the public comment period set by the regulatory authority shall be considered and included in the record of the administrative proceeding.


</P>
</DIV8>


<DIV8 N="§ 764.21" NODE="30:3.0.1.6.30.0.1.8" TYPE="SECTION">
<HEAD>§ 764.21   Data base and inventory system requirements.</HEAD>
<P>(a) The regulatory authority shall develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions.
</P>
<P>(b) The regulatory authority shall include in the system information relevant to the criteria in § 762.11 of this chapter, including, but not limited to, information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the agency administering section 127 of the Clean Air Act, as amended (42 U.S.C. 7470 <I>et seq.</I>).
</P>
<P>(c) The regulatory authority shall add to the data base and inventory system information—
</P>
<P>(1) On potential coal resources of the State, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the regulatory authority to prepare the statements required by § 764.17(e); and
</P>
<P>(2) That becomes available from petitions, publications, experiments, permit application, mining and reclamation operations, and other sources.


</P>
</DIV8>


<DIV8 N="§ 764.23" NODE="30:3.0.1.6.30.0.1.9" TYPE="SECTION">
<HEAD>§ 764.23   Public information.</HEAD>
<P>The regulatory authority shall:
</P>
<P>(a) Make the information in the data base and inventory system developed under § 764.21 available to the public for inspection free of charge and for copying at reasonable cost, except that specific information relating to location of properties proposed to be nominated to, or listed in, the National Register of Historic Places need not be disclosed if the regulatory authority determines that the disclosure of such information would create a risk of destruction or harm to such properties;
</P>
<P>(b) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.


</P>
</DIV8>


<DIV8 N="§ 764.25" NODE="30:3.0.1.6.30.0.1.10" TYPE="SECTION">
<HEAD>§ 764.25   Regulatory authority responsibility for implementation.</HEAD>
<P>(a) The regulatory authority shall not issue permits which are inconsistent with designations made pursuant to part 761, 762, or 764 of this chapter.
</P>
<P>(b) The regulatory authority shall maintain a map or other unified and cumulative record of areas designated unsuitable for all or certain types of surface coal mining operations.
</P>
<P>(c) The regulatory authority shall make available to any person any information within its control regarding designations, including mineral or elemental content which is potentially toxic in the environment but excepting proprietary information on the chemical and physical properties of the coal. 


</P>
</DIV8>

</DIV5>


<DIV5 N="769" NODE="30:3.0.1.6.31" TYPE="PART">
<HEAD>PART 769—PETITION PROCESS FOR DESIGNATION OF FEDERAL LANDS AS UNSUITABLE FOR ALL OR CERTAIN TYPES OF SURFACE COAL MINING OPERATIONS AND FOR TERMINATION OF PREVIOUS DESIGNATIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and Pub. L. 100-34.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 41354, Sept. 14, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 769.1" NODE="30:3.0.1.6.31.0.1.1" TYPE="SECTION">
<HEAD>§ 769.1   Scope.</HEAD>
<P>This part establishes minimum procedures and standards for designating Federal lands as unsuitable for all or certain types of surface coal mining operations and for terminating designations pursuant to petition.


</P>
</DIV8>


<DIV8 N="§ 769.10" NODE="30:3.0.1.6.31.0.1.2" TYPE="SECTION">
<HEAD>§ 769.10   Information collection.</HEAD>
<P>The information collection requirements in this part do not require approval of the Office of Management and Budget under 44 U.S.C. 3507 because there are fewer than 10 respondents annually.


</P>
</DIV8>


<DIV8 N="§ 769.11" NODE="30:3.0.1.6.31.0.1.3" TYPE="SECTION">
<HEAD>§ 769.11   Who may submit a petition.</HEAD>
<P>Any person having an interest which is or may be adversely affected by surface coal mining operations to be conducted on Federal lands may petition the Secretary to have an area designated as unsuitable for all or certain types of surface coal mining operations, or to have an existing designation terminated. This right does not apply to areas set aside from surface coal mining operations under laws other than the Act. For the purpose of this section, a person having an interest which is or may be adversely affected must demonstrate how he or she meets an “injury in fact” test by describing the injury to his or her specific affected interests and demonstrate how he or she is among the injured.


</P>
</DIV8>


<DIV8 N="§ 769.12" NODE="30:3.0.1.6.31.0.1.4" TYPE="SECTION">
<HEAD>§ 769.12   Where to submit petitions.</HEAD>
<P>Each petition to have an area of Federal lands designated as unsuitable or to terminate an existing designation shall be submitted to the Director of the OSM Field Office responsible for that area where the Federal lands are located.


</P>
</DIV8>


<DIV8 N="§ 769.13" NODE="30:3.0.1.6.31.0.1.5" TYPE="SECTION">
<HEAD>§ 769.13   Contents of petitions.</HEAD>
<P>(a) <I>Designation.</I> The only information that a petitioner need provide to designate lands is that required under § 764.13(b) of this chapter.
</P>
<P>(b) <I>Termination.</I> The only information that a petitioner need provide to terminate a designation is that required by § 764.13(c) of this chapter.


</P>
</DIV8>


<DIV8 N="§ 769.14" NODE="30:3.0.1.6.31.0.1.6" TYPE="SECTION">
<HEAD>§ 769.14   Initial processing, recordkeeping, and notification requirements.</HEAD>
<P>(a)(1) Within 30 days of receipt of a petition, OSMRE shall determine whether the petition is complete and not frivolous. OSMRE may request other supplementary information that is readily available to be provided by the petitioner. Any request for such supplementary information from the petitioner shall not affect OSMRE's determination that the petition is complete for further processing.
</P>
<P>(2) <I>Complete,</I> (i) for a designation petition, means that (A) all information required under § 764.13(b) of this chapter has been provided and (B) the information submitted by the petitioner contains significant new allegations of fact and supporting evidence not considered in any previous unsuccessful petition of Federal lands review conducted under Section 522(b) of the Act, that tends to establish that the lands are unsuitable for surface coal mining operations; and (ii) for a termination petition, means that all information required under § 764.13(c) has been provided.
</P>
<P>(3) <I>Frivolous,</I> for a designation or termination petition, means that:
</P>
<P>(i) The allegations of harm lack serious merit; or
</P>
<P>(ii) Available information shows that no “mineable” coals resources exist in the petitioned area or that the petitioned area is not or could not be subject to related surface coal mining operations and surface impacts incident to an underground coal mine or an adjoining surface mine (mineable coal is coal with development potential as mapped or reported by the Bureau of Land Management under 43 CFR 3420.1-4(e)(1); and privately owned coal under land owned by the United States).
</P>
<P>(b) When the Director finds that the petition is incomplete or frivolous, he or she shall reject the petition with a written statement of reasons and advise the petitioner, via certified mail, that the petition may be reconsidered upon resubmittal with deficiencies cured.
</P>
<P>(c) When the Director finds that the petition is complete and not frivolous, he or she shall initiate the petition review and so advise the petitioner via certified mail.
</P>
<P>(d)(1) Within 2 weeks after accepting the petition for further processing, OSM shall send a copy of the petition to the authorized officer of the land management agency for the officer's recommendation on the petition.
</P>
<P>(2) The authorized officer of the appropriate Federal land management agency shall furnish a recommendation on the petition to OSM within 30 days of its receipt, if the area covered by the petition has been included in a completed Federal lands review or within 9 months, if the area has not been included in a Federal lands review.
</P>
<P>(e) Promptly after accepting a petition for further processing, OSM shall circulate copies of the petition to, and request submissions of relevant information from, other interested governmental agencies, the petitioner, intervenors, and any person, known to OSM to have an ownership interest in the property.
</P>
<P>(f) Where lands administered by the Department of the Interior and other Federal land management agencies are contiguous or intermingled or where the Department's resource management could affect resources on the other's land, the Director of OSM shall refer a copy of the petition to the other Federal land management agency and shall consider the agency's recommendations about designating those lands unsuitable for all or certain types of surface coal mining or terminating such designations.
</P>
<P>(g) OSM may determine not to process any petition received insofar as it pertains to lands for which an administratively complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, OSM may issue a decision on a complete and accurate permit application and shall inform the petitioner why OSM cannot consider the part of the petition pertaining to the proposed permit area.
</P>
<CITA TYPE="N">[48 FR 41354, Sept. 14, 1983, as amended at 52 FR 49324, Dec. 30, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 769.15" NODE="30:3.0.1.6.31.0.1.7" TYPE="SECTION">
<HEAD>§ 769.15   Intervention.</HEAD>
<P>Up to 3 days before the OSM holds a hearing on a petition under § 769.17, any person may intervene in the proceeding by filing a statement describing how the designation directly affects the intervenor, allegations of facts and supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number. 


</P>
</DIV8>


<DIV8 N="§ 769.16" NODE="30:3.0.1.6.31.0.1.8" TYPE="SECTION">
<HEAD>§ 769.16   Public information.</HEAD>
<P>(a) Promptly after determining that a petition is complete, the Director shall notify the general public of the receipt of the petition and request submissions of the relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the newspaper providing broadest circulation in the region of the petitioned area, and in the <E T="04">Federal Register.</E> The advertisement and <E T="04">Federal Register</E> notice shall include a description of the boundaries of the petitioned area, the allegations of fact, and information regarding where the petition is available for public review.
</P>
<P>(b)(1) Beginning immediately after a petition is filed, OSM shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by OSM with the exception of that information excluded under § 769.16(b)(2). OSM shall make the record available to the public for inspection free of charge and for copying at a reasonable cost during all normal business hours at its Washington, D.C. office. OSM shall also maintain information in or near the area in which the petitioned land is located; this information shall be available for public inspection, free of charge, and for copying at reasonable cost during all normal business hours. At a minimum, this information shall include a copy of the petition.
</P>
<P>(2) OSM need not make available to any person or entity the specific location of property proposed to be nominated to be listed or listed in the National Register of Historic Places if it is determined that disclosure of that information would create a risk of destruction or harm to such properties. Withheld information must be disclosed when a designation of unsuitability would rest primarily on an allegation based on that information.


</P>
</DIV8>


<DIV8 N="§ 769.17" NODE="30:3.0.1.6.31.0.1.9" TYPE="SECTION">
<HEAD>§ 769.17   Hearing requirements.</HEAD>
<P>(a) Within 10 months after receipt of a complete petition, OSM shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. OSM may subpoena witnesses as necessary. The hearing may be conducted with cross-examination of expert witnesses only. A record of the hearing shall be made and preserved. No person shall bear the burden of proof or persuasion. All relevant parts of the data base and inventory system and all public comments received during the public comment period shall be included in the record and considered by OSM in deciding the petition.
</P>
<P>(b)(1) OSM shall give notice of the date, time, and location of the hearing to:
</P>
<P>(i) Local, State, and Federal agencies which may have an interest in the decision on the petition;
</P>
<P>(ii) The petitioner and the intervenors; and
</P>
<P>(iii) Any person known by OSM to have a property interest in the petitioned area.
</P>
<P>(2) Notice of the hearing shall be sent by certified mail to the petitioner and intervenors, and by regular mail to other persons involved in the proceeding, and postmarked not less than 30 days before the scheduled date of the hearing.
</P>
<P>(3) OSM shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for 2 consecutive weeks prior to the scheduled date of the public hearing in the locale of the area covered by the petition and once during the week prior to the scheduled date of the public hearing. The consecutive weekly advertisements must begin between 4 and 5 weeks prior to the scheduled date of the public hearing.
</P>
<P>(c) OSM may consolidate into a single hearing the hearings required for each of several petitions which relate to areas in the same locale.
</P>
<P>(d) If any petitions relates to an area of Federal lands which is the subject of a pending surface coal mining and reclamation operations permit application, OSM may, with consent of all petitioners and intervenors, coordinate the hearing on the petition required under paragraph (a) of this section with any hearing on the permit application or informal conference held in accordance with section 513(b) of the Act and § 740.13 of this chapter on the permit application. Nothing in this paragraph shall relieve an applicant for a permit from the burden of establishing that his or her application is in compliance with the requirements of the Federal lands program.
</P>
<P>(e) Prior to designating any lands as unsuitable for surface coal mining operations, OSM shall issue a detailed statement on the abundance of coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.


</P>
</DIV8>


<DIV8 N="§ 769.18" NODE="30:3.0.1.6.31.0.1.10" TYPE="SECTION">
<HEAD>§ 769.18   Decisions on petitions.</HEAD>
<P>(a) In reaching his or her decision, the Director shall use the information and consider the recommendation provided by the Federal land management agency, information provided by other governmental agencies, the detailed statement, when it is prepared under § 769.17(e), and any other relevant information submitted during the comment period.
</P>
<P>(b) A final written decision shall be issued by the Director, including a statement of reasons, within 60 days of completion of the public hearing, or if no public hearing is held, within 12 months after receipt of the complete petition. The Director shall simultaneously send the decision by certified mail to the petitioner and the intervenors and by regular mail to all other persons involved in the proceeding.
</P>
<P>(c) If the Director concurs with the recommendation of the surface managing agency, the Director's decision becomes final. If the Director does not concur with the recommendation, he or she shall notify the Director of the surface managing agency within 30 days after the public hearing, if any. The decision at the same time will be referred to the Secretary through respective agency heads for resolution and issuance of a final decision within 60 days after the hearing, if any.
</P>
<P>(d) A final decision of the Director or the Secretary is subject to judicial review in accordance with § 775.13 of this chapter and section 526 (a)(2) and (b) of the Act. 


</P>
</DIV8>


<DIV8 N="§ 769.19" NODE="30:3.0.1.6.31.0.1.11" TYPE="SECTION">
<HEAD>§ 769.19   Regulatory policy.</HEAD>
<P>Once an area of Federal lands is designated as unsuitable for all or certain types of surface coal mining operations, any permit or lease shall be conditioned in a manner so as to limit or prohibit surface coal mining operations on the designated areas in accordance with the designation.


</P>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="G" NODE="30:3.0.1.7" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER G—SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS 


</HEAD>

<DIV5 N="772" NODE="30:3.0.1.7.32" TYPE="PART">
<HEAD>PART 772—REQUIREMENTS FOR COAL EXPLORATION
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and 16 U.S.C. 470 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 40634, Sept. 8, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 772.1" NODE="30:3.0.1.7.32.0.1.1" TYPE="SECTION">
<HEAD>§ 772.1   Scope and purpose.</HEAD>
<P>This part establishes the requirements and procedures applicable to coal exploration operations on all lands except for Federal lands subject to the requirements of 43 CFR parts 3480-3487.
</P>
<CITA TYPE="N">[48 FR 40634, Sept. 8, 1983, as amended at 48 FR 44779, Sept. 30, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 772.10" NODE="30:3.0.1.7.32.0.1.2" TYPE="SECTION">
<HEAD>§ 772.10   Information collection.</HEAD>
<P>(a) In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection and recordkeeping requirements of this part. The OMB clearance number is 1029-0112. OSM and State regulatory authorities use the information collected under this part to maintain knowledge of coal exploration activities, evaluate the need for an exploration permit, and ensure that exploration activities comply with the environmental protection, public participation, and reclamation requirements of parts 772 and 815 of this chapter and 30 U.S.C. 1262. Persons seeking to conduct coal exploration must respond to obtain a benefit.
</P>
<P>(b) OSM estimates that the combined public reporting and recordkeeping burden for all respondents under this part will average 11 hours per notice or application submitted, including time spent reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Specifically, OSM estimates that preparation of a notice of intent to explore under § 772.11 will require an average of 10 hours per notice, preparation and processing of an application for coal exploration under § 772.12 will require an average of 103 hours per application, compliance with § 772.14 will require an average of 18 hours per application, and recordkeeping and information collection under § 772.15 will require an average of approximately 1 hour per response. Send comments regarding this burden estimate or any other aspect of these information collection requirements, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951 Constitution Avenue, N.W., Washington, DC 20240; and the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Interior Desk Officer, 725 17th Street, N.W., Washington, DC 20503. Please refer to OMB Control Number 1029-0112 in any correspondence.
</P>
<CITA TYPE="N">[64 FR 70837, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 772.11" NODE="30:3.0.1.7.32.0.1.3" TYPE="SECTION">
<HEAD>§ 772.11   Notice requirements for exploration removing 250 tons of coal or less.</HEAD>
<P>(a) Any person who intends to conduct coal exploration operations outside a permit area during which 250 tons or less of coal will be removed, shall, before conducting the exploration, file with the regulatory authority a written notice of intention to explore. Exploration which will take place on lands designated as unsuitable for surface coal mining operations under subchapter F of this chapter, shall be subject to the permitting requirements under § 772.12. Exploration conducted under a notice of intent shall be subject to the requirements prescribed under § 772.13.
</P>
<P>(b) The notice shall include—
</P>
<P>(1) The name, address, and telephone number of the person seeking to explore;
</P>
<P>(2) The name, address, and telephone number of the person's representative who will be present at, and responsible for, conducting the exploration activities;
</P>
<P>(3) A narrative describing the proposed exploration area or a map at a scale of 1:24,000, or greater, showing the proposed area of exploration and the general location of drill holes and trenches, existing and proposed roads, occupied dwellings, topographic features, bodies of surface water, and pipelines;
</P>
<P>(4) A statement of the period of intended exploration; and 
</P>
<P>(5) A description of the method of exploration to be used and the practices that will be followed to protect the environment and to reclaim the area from adverse impacts of the exploration activities in accordance with the applicable requirements of part 815 of this chapter.
</P>
<CITA TYPE="N">[48 FR 40634, Sept. 8, 1983, as amended at 53 FR 52949, Dec. 29, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 772.12" NODE="30:3.0.1.7.32.0.1.4" TYPE="SECTION">
<HEAD>§ 772.12   Permit requirements for exploration that will remove more than 250 tons of coal or that will occur on lands designated as unsuitable for surface coal mining operations.</HEAD>
<P>(a) <I>Exploration permit.</I> Any person who intends to conduct coal exploration outside a permit area during which more than 250 tons of coal will be removed or which will take place on lands designated as unsuitable for surface mining under subchapter F of this chapter, shall, before conducting the exploration, submit an application and obtain written approval from the regulatory authority in an exploration permit. Such exploration shall be subject to the requirements prescribed under §§ 772.13 and 772.14.
</P>
<P>(b) <I>Application information.</I> Each application for an exploration permit shall contain, at a minimum, the following information:
</P>
<P>(1) The name, address, and telephone number of the applicant.
</P>
<P>(2) The name, address and telephone number of the applicant's representative who will be present at, and responsible for, conducting the exploration activities.
</P>
<P>(3) A narrative describing the proposed exploration area.
</P>
<P>(4) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation.
</P>
<P>(5) An estimated timetable for conducting and completing each phase of the exploration and reclamation.
</P>
<P>(6) The estimated amount of coal to be removed and a description of the methods to be used to determine the amount.
</P>
<P>(7) A statement of why extraction of more than 250 tons of coal is necessary for exploration.
</P>
<P>(8) A description of—
</P>
<P>(i) Cultural or historical resources listed on the National Register of Historic Places;
</P>
<P>(ii) Cultural or historical resources known to be eligible for listing on the National Register of Historic Places; and 
</P>
<P>(iii) Known archeological resources located within the proposed exploration area.
</P>
<P>(iv) Any other information which the regulatory authority may require regarding known or unknown historic or archeological resources.
</P>
<P>(9) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 <I>et seq.</I>) identified within the proposed exploration area.
</P>
<P>(10) A description of the measures to be used to comply with the applicable requirements of part 815 of this chapter.
</P>
<P>(11) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored.
</P>
<P>(12) A map or maps at a scale of 1:24,000, or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste-material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 <I>et seq.</I>).
</P>
<P>(13) If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation.
</P>
<P>(14) For any lands listed in § 761.11 of this chapter, a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for surface coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of § 761.11 of this chapter, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of § 761.11 of this chapter.
</P>
<P>(c) <I>Public notice and opportunity to comment.</I> Public notice of the application and opportunity to comment shall be provided as follows:
</P>
<P>(1) Within such time as the regulatory authority may designate, the applicant shall provide public notice of the filing of an administratively complete application with the regulatory authority in a newspaper of general circulation in the county of the proposed exploration area.
</P>
<P>(2) The public notice shall state the name and address of the person seeking approval, the filing date of the application, the address of the regulatory authority where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration.
</P>
<P>(3) Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within reasonable time limits.
</P>
<P>(d) <I>Decisions on applications for exploration.</I> (1) The regulatory authority shall act upon an administratively complete application for a coal exploration permit and any written comments within a reasonable period of time. The approval of a coal exploration permit may be based only on a complete and accurate application.
</P>
<P>(2) The regulatory authority shall approve a complete and accurate application for a coal exploration permit filed in accordance with this part if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application will—
</P>
<P>(i) Be conducted in accordance with this part, part 815 of this chapter, and the applicable provisions of the regulatory program;
</P>
<P>(ii) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to section 4 of the Endangered Species Act of 1973, 16 U.S.C. 1533, or result in the destruction or adverse modification of critical habitat of those species;
</P>
<P>(iii) Not adversely affect any cultural or historical resources listed on the National Register of Historic Places pursuant to the National Historic Preservation Act, 16 U.S.C. 470 <I>et seq.,</I> unless the proposed exploration has been approved by both the regulatory authority and the agency with jurisdiction over the resources to be affected; and
</P>
<P>(iv) With respect to exploration activities on any lands protected under § 761.11 of this chapter, minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the regulatory authority must provide reasonable opportunity to the owner of the feature causing the land to come under the protection of § 761.11 of this chapter, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of § 761.11 of this chapter, to comment on whether the finding is appropriate.
</P>
<P>(3) Terms of approval issued by the regulatory authority shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this part, part 815 of this chapter, and the regulatory program.
</P>
<P>(e) <I>Notice and hearing.</I> (1) The regulatory authority shall notify the applicant, the appropriate local government officials, and other commenters on the application, in writing, of its decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the regulatory authority at a public office in the vicinity of the proposed exploration operations.
</P>
<P>(2) Any person having an interest which is or may be adversely affected by a decision of the regulatory authority pursuant to paragraph (e)(1) of this section shall have the opportunity for administrative and judicial review as set forth in part 775 of this chapter.
</P>
<CITA TYPE="N">[48 FR 40634, Sept. 8, 1983, as amended at 52 FR 4262, Feb. 10, 1987; 53 FR 52949, Dec. 29, 1988; 64 FR 70837, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 772.13" NODE="30:3.0.1.7.32.0.1.5" TYPE="SECTION">
<HEAD>§ 772.13   Coal exploration compliance duties.</HEAD>
<P>(a) All coal exploration and reclamation activities that substantially disturb the natural land surface shall be conducted in accordance with the coal exploration requirements of this part, part 815 of this chapter, the regulatory program, and any exploration permit term or condition imposed by the regulatory authority.
</P>
<P>(b) Any person who conducts any coal exploration in violation of the provisions of this part, part 815 of this chapter, the regulatory program, or any exploration permit term or condition imposed by the regulatory authority shall be subject to the provisions of section 518 of the Act, subchapter L of this chapter, and the applicable inspection and enforcement provisions of the regulatory program.


</P>
</DIV8>


<DIV8 N="§ 772.14" NODE="30:3.0.1.7.32.0.1.6" TYPE="SECTION">
<HEAD>§ 772.14   Commercial use or sale.</HEAD>
<P>(a) Except as provided under §§ 772.14(b) and 700.11(a)(5), any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit, shall first obtain a permit to conduct surface coal mining operations for those operations from the regulatory authority under parts 773 through 785 of this chapter.
</P>
<P>(b) With the prior written approval of the regulatory authority, no permit to conduct surface coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the regulatory authority. The application shall demonstrate that the coal testing is necessary for the development of a surface coal mining and reclamation operation for which a surface coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following:
</P>
<P>(1) The name of the testing firm and the locations at which the coal will be tested.
</P>
<P>(2) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:
</P>
<P>(i) The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing;
</P>
<P>(ii) The amount of coal necessary for the test and why a lesser amount is not sufficient; and
</P>
<P>(iii) A description of the specific tests that will be conducted.
</P>
<P>(3) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve.
</P>
<P>(4) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation.
</P>
<CITA TYPE="N">[53 FR 52949, Dec. 29, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 772.15" NODE="30:3.0.1.7.32.0.1.7" TYPE="SECTION">
<HEAD>§ 772.15   Public availability of information.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, all information submitted to the regulatory authority under this part shall be made available for public inspection and copying at the local offices of the regulatory authority closest to the exploration area.
</P>
<P>(b) The regulatory authority shall keep information confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the persons intending to conduct coal exploration.
</P>
<P>(c) Information requested to be held as confidential under paragraph (b) of this section shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.


</P>
</DIV8>

</DIV5>


<DIV5 N="773" NODE="30:3.0.1.7.33" TYPE="PART">
<HEAD>PART 773—REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.,</I> 16 U.S.C. 470 <I>et seq.,</I> 16 U.S.C. 661 <I>et seq.,</I> 16 U.S.C. 703 <I>et seq.,</I> 16 U.S.C. 668a <I>et seq.,</I> 16 U.S.C. 469 <I>et seq.,</I> and 16 U.S.C. 1531 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 44391, Sept. 28, 1983, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54938, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 773 made effective on Jan. 19, 2017, at 81 FR 93323-93325, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 773.1" NODE="30:3.0.1.7.33.0.1.1" TYPE="SECTION">
<HEAD>§ 773.1   Scope and purpose.</HEAD>
<P>This part provides minimum requirements for permits and permit processing and covers obtaining and reviewing permits; coordinating with other laws; public participation; permit decision and notification; permit conditions; and permit term and right of renewal.


</P>
</DIV8>


<DIV8 N="§ 773.3" NODE="30:3.0.1.7.33.0.1.2" TYPE="SECTION">
<HEAD>§ 773.3   Information collection.</HEAD>
<P>The collections of information contained in part 773 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0115. The information collected will be used by the regulatory authority in processing surface coal mining permit applications. Persons intending to conduct surface coal mining operations must respond to obtain a benefit. A Federal agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Response is required to obtain a benefit in accordance with SMCRA. Send comments regarding burden estimates or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, Room 202—SIB, 1951 Constitution Avenue NW., Washington, DC 20240.
</P>
<CITA TYPE="N">[72 FR 68029, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.4" NODE="30:3.0.1.7.33.0.1.3" TYPE="SECTION">
<HEAD>§ 773.4   Requirements to obtain permits.</HEAD>
<P>(a) <I>All operations.</I> On and after 8 months from the effective date of a permanent regulatory program within a State, no person shall engage in or carry out any surface coal mining operations, unless such person has first obtained a permit issued by the regulatory authority except as provided for in paragraph (b) of this section. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.
</P>
<P>(b) <I>Continuation of initial program operations.</I> (1) If a State program receives final disapproval under part 732 of this chapter, including judicial review of the disapproval, existing surface coal mining and reclamation operations may continue pursuant to the provisions of subchapter B of this chapter and section 502 of the Act until promulgation of a complete Federal program for the State. During this period, no new permits for surface coal mining and reclamation operations shall be issued by the State. Permits that lapse during this period may continue in full force and effect within the specified permit area until promulgation of a Federal program for the State.
</P>
<P>(2) Except for coal preparation plants separately authorized to operate under 30 CFR 785.21(e), a person conducting surface coal mining operations, under a permit issued or amended by the regulatory authority in accordance with the requirements of section 502 of the Act, may conduct such operations beyond the period prescribed in paragraph (a) of this section if—
</P>
<P>(i) Not later than 2 months following the effective date of a permanent regulatory program, regardless of litigation contesting that program, an application for a permanent regulatory program permit is filed for any operation to be conducted after the expiration of 8 months from such effective date in accordance with the provisions of the regulatory program;
</P>
<P>(ii) The regulatory authority has not yet rendered an initial administrative decision approving or disapproving the permit; and
</P>
<P>(iii) The surface coal mining and reclamation operation is conducted in compliance with the requirements of the Act, subchapter B of this chapter, applicable State statutes and regulations, and all terms and conditions of the initial program authorization or permit.
</P>
<P>(3) No new initial program permits may be issued after the effective date of a State program unless the application was received prior to such date.
</P>
<P>(c) <I>Continued operations under Federal program permits.</I> (1) A permit issued by the Director pursuant to a Federal program for a State shall be valid under any superseding State program approved by the Secretary.
</P>
<P>(2) The Federal permittee shall have the right to apply to the State regulatory authority for a State permit to supersede the Federal permit.
</P>
<P>(3) The State regulatory authority may review a permit issued pursuant to the superseded Federal program to determine that the requirements of the Act and the approved State program are not violated by the Federal permit, and to the extent that the approved State program contains additional requirements not contained in the Federal program for the State, the State regulatory authority shall—
</P>
<P>(i) Inform the permittee in writing;
</P>
<P>(ii) Provide the permittee an opportunity for a hearing;
</P>
<P>(iii) Provide the permittee a reasonable opportunity to resubmit the permit application in whole or in part, as appropriate; and
</P>
<P>(iv) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the State program.
</P>
<P>(d) <I>Continued operations under State program permits.</I> (1) A permit issued pursuant to a previously approved or conditionally approved State program shall be valid under a superseding Federal program.
</P>
<P>(2) Immediately following promulgation of a Federal program, the Director shall review the permits issued under the previously approved State program to determine that the requirements of the Act, this chapter, and the Federal program are not violated. If the Director determines that a permit was granted contrary to the requirements of this Act, the Director shall—
</P>
<P>(i) Inform the permittee in writing;
</P>
<P>(ii) Provide the permittee an opportunity for a hearing;
</P>
<P>(iii) Provide the permittee a reasonable opportunity to resubmit the permit application in whole or in part, as appropriate; and
</P>
<P>(iv) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the Federal program, as prescribed in the Federal program for the State.
</P>
<CITA TYPE="N">[48 FR 44391, Sept. 28, 1983, as amended at 53 FR 11607, Apr. 7, 1988; 54 FR 13823, Apr. 5, 1989. Redesignated at 65 FR 79663, Dec. 19, 2000.]


</CITA>
</DIV8>


<DIV8 N="§ 773.5" NODE="30:3.0.1.7.33.0.1.4" TYPE="SECTION">
<HEAD>§ 773.5   Regulatory coordination with requirements under other laws.</HEAD>
<P>Each regulatory program shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 <I>et seq.</I>); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 <I>et seq.</I>); the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 <I>et seq.</I>); The National Historic Preservation Act of 1966, as amended (16 U.S.C. 470 <I>et seq.</I>); the Bald Eagle Protection Act, as amended (16 U.S.C. 668a); for Federal programs only, the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 <I>et seq.</I>); and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa <I>et seq.</I>) where Federal and Indian lands covered by that Act are involved.
</P>
<CITA TYPE="N">[52 FR 4262, Feb. 10, 1987. Redesignated at 65 FR 79663, Dec. 19, 2000, as amended at 81 FR 93323, Dec. 20, 2016; 82 FR 54937, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 773.6" NODE="30:3.0.1.7.33.0.1.5" TYPE="SECTION">
<HEAD>§ 773.6   Public participation in permit processing.</HEAD>
<P>(a) <I>Filing and public notice.</I> (1) Upon submission of an administratively complete application, an applicant for a permit, significant revision of a permit under § 774.13, or renewal of a permit under § 774.15, shall place an advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least once a week for four consecutive weeks. A copy of the advertisement as it will appear in the newspaper shall be submitted to the regulatory authority. The advertisement shall contain, at a minimum, the following:
</P>
<P>(i) The name and business address of the applicant.
</P>
<P>(ii) A map or description which clearly shows or describes the precise location and boundaries of the proposed permit area and is sufficient to enable local residents to readily identify the proposed permit area. It may include towns, bodies of water, local landmarks, and any other information which would identify the location. If a map is used, it shall indicate the north direction.
</P>
<P>(iii) The location where a copy of the application is available for public inspection.
</P>
<P>(iv) The name and address of the regulatory authority where written comments, objections, or requests for informal conferences on the application may be submitted under paragraphs (b) and (c) of this section.
</P>
<P>(v) If an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate or close a public road, except where public notice and hearing have previously been provided for this particular part of the road in accordance with § 761.14 of this chapter; a concise statement describing the public road, the particular part to be relocated or closed, and the approximate timing and duration of the relocation or closing.
</P>
<P>(vi) If the application includes a request for an experimental practice under § 785.13, a statement indicating that an experimental practice is requested and identifying the regulatory provisions for which a variance is requested.
</P>
<P>(2) The applicant shall make an application for a permit, significant revision under § 774.13, or renewal of a permit under § 774.15 available for the public to inspect and copy by filing a full copy of the application with the recorder at the courthouse of the county where the mining is proposed to occur, or an accessible public office approved by the regulatory authority. This copy of the application need not include confidential information exempt from disclosure under paragraph (d) of this section. The application required by this paragraph shall be filed by the first date of newspaper advertisement of the application. The applicant shall file any changes to the application with the public office at the same time the change is submitted to the regulatory authority.
</P>
<P>(3) Upon receipt of an administratively complete application for a permit, a significant revision to a permit under § 774.13, or a renewal of a permit under § 774.15, the regulatory authority shall issue written notification indicating the applicant's intention to mine the described tract of land, the application number or other identifier, the location where the copy of the application may be inspected, and the location where comments on the application may be submitted. The notification shall be sent to—
</P>
<P>(i) Local governmental agencies with jurisdiction over or an interest in the area of the proposed surface coal mining and reclamation operation, including but not limited to planning agencies, sewage and water treatment authorities, water companies; and
</P>
<P>(ii) All Federal or State governmental agencies with authority to issue permits and licenses applicable to the proposed surface coal mining and reclamation operation and which are part of the permit coordinating process developed in accordance with section 503(a)(6) or section 504(h) of the Act, or § 773.5; or those agencies with an interest in the proposed operation, including the U.S. Department of Agriculture Soil Conservation Service district office, the local U.S. Army Corps of Engineers district engineer, the National Park Service, State and Federal fish and wildlife agencies, and the historic preservation officer.
</P>
<P>(b) <I>Comments and objections on permit applications.</I> (1) Within a reasonable time established by the regulatory authority, written comments or objections on an application for a permit, significant revision to a permit under § 774.13, or renewal of a permit under § 774.15 may be submitted to the regulatory authority by public entities notified under paragraph (a)(3) of this section with respect to the effects of the proposed mining operations on the environment within their areas of responsibility.
</P>
<P>(2) Written objections to an application for a permit, significant revision to a permit under § 774.13, or renewal of a permit under § 774.15 may be submitted to the regulatory authority by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any Federal, State, or local government agency or authority, within 30 days after the last publication of the newspaper notice required by paragraph (a) of this section.
</P>
<P>(3) The regulatory authority shall upon receipt of such written comments or objections—
</P>
<P>(i) Transmit a copy of the comments or objections to the applicants; and
</P>
<P>(ii) File a copy for public inspection at the same public office where the application is filed.
</P>
<P>(c) <I>Informal conferences.</I> (1) Any person having an interest which is or may be adversely affected by the decision on the application, or an officer or a head of a Federal, State, or local government agency, may request in writing that the regulatory authority hold an informal conference on the application for a permit, significant revision to a permit under § 774.13, or renewal of a permit under § 774.15. The request shall—
</P>
<P>(i) Briefly summarize the issues to be raised by the requestor at the conference;
</P>
<P>(ii) State whether the requestor desires to have the conference conducted in the locality of the proposed operation; and
</P>
<P>(iii) Be filed with the regulatory authority no later than 30 days after the last publication of the newspaper advertisement required under paragraph (a) of this section.
</P>
<P>(2) Except as provided in paragraph (c)(3) of this section, if an informal conference is requested in accordance with paragraph (c)(1) of this section, the regulatory authority shall hold an informal conference within a reasonable time following the receipt of the request. The informal conference shall be conducted as follows:
</P>
<P>(i) If requested under paragraph (c)(1)(ii) of this section, it shall be held in the locality of the proposed surface coal mining and reclamation operation.
</P>
<P>(ii) The date, time, and location of the informal conference shall be sent to the applicant and other parties to the conference and advertised by the regulatory authority in a newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least 2 weeks before the scheduled conference.
</P>
<P>(iii) If requested in writing by a conference requestor at a reasonable time before the conference, the regulatory authority may arrange with the applicant to grant parties to the conference access to the proposed permit area and, to the extent that the applicant has the right to grant access to it, to the adjacent area prior to the established date of the conference for the purpose of gathering information relevant to the conference.
</P>
<P>(iv) The requirements of section 5 of the Administrative Procedure Act, as amended (5 U.S.C. 554), shall not apply to the conduct of the informal conference. The conference shall be conducted by a representative of the regulatory authority, who may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference, unless waived by all the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's performance bond or other equivalent guarantee pursuant to subchapter J of this chapter.
</P>
<P>(3) If all parties requesting the informal conference withdraw their request before the conference is held, the informal conference may be canceled.
</P>
<P>(4) Informal conferences held in accordance with this section may be used by the regulatory authority as the public hearing required under § 761.14(c) of this chapter on proposed relocation or closing of public roads.
</P>
<P>(d) <I>Public availability of permit applications</I>—(1) <I>General availability.</I> Except as provided in paragraph (d)(2) or (d)(3) of this section, all applications for permits; revisions; renewals; and transfers, assignments or sales of permit rights on file with the regulatory authority shall be available, at reasonable times, for public inspection and copying.
</P>
<P>(2) <I>Limited availability.</I> Except as provided in paragraph (d)(3)(i) of this section, information pertaining to coal seams, test borings, core samplings, or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected. Information subject to this paragraph shall be made available to the public when such information is required to be on public file pursuant to State law.
</P>
<P>(3) <I>Confidentiality.</I> The regulatory authority shall provide procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to ensure confidentiality of qualified confidential information, which shall be clearly identified by the applicant and submitted separately from the remainder of the application. Confidential information is limited to—
</P>
<P>(i) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of such coal which are potentially toxic in the environment;
</P>
<P>(ii) Information required under section 508 of the Act that is not on public file pursuant to State law and that the applicant has requested in writing to be held confidential;
</P>
<P>(iii) Information on the nature and location of archeological resources on public land and Indian land as required under the Archeological Resources Protection Act of 1979 (Pub. L. 96-95, 93 Stat. 721, 16 U.S.C. 470).
</P>
<CITA TYPE="N">[48 FR 44391, Sept. 28, 1983, as amended at 64 FR 70837, Dec. 17, 1999. Redesignated and amended at 65 FR 79663, Dec. 19, 2000; 66 FR 16127, Mar. 23, 2001; 75 FR 60275, Sept. 29, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 773.7" NODE="30:3.0.1.7.33.0.1.6" TYPE="SECTION">
<HEAD>§ 773.7   Review of permit applications.</HEAD>
<P>(a) The regulatory authority will review an application for a permit, revision, or renewal; written comments and objections submitted; and records of any informal conference or hearing held on the application and issue a written decision, within a reasonable time set by the regulatory authority, either granting, requiring modification of, or denying the application. If an informal conference is held under § 773.6(c) of this part, the decision will be made within 60 days of the close of the conference.
</P>
<P>(b) The applicant for a permit or revision of a permit shall have the burden of establishing that his application is in compliance with all the requirements of the regulatory program.
</P>
<CITA TYPE="N">[48 FR 44391, Sept. 28, 1983, as amended at 65 FR 79663, Dec. 19, 2000; 72 FR 68029, Dec. 3, 2007; 81 FR 93323, Dec. 20, 2016; 82 FR 54937, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 773.8" NODE="30:3.0.1.7.33.0.1.7" TYPE="SECTION">
<HEAD>§ 773.8   General provisions for review of permit application information and entry of information into AVS.</HEAD>
<P>(a) Based on an administratively complete application, we, the regulatory authority, must undertake the reviews required under §§ 773.9 through 773.11 of this part.
</P>
<P>(b) We will enter into AVS—
</P>
<P>(1) The information you are required to submit under §§ 778.11 and 778.12(c) of this subchapter.
</P>
<P>(2) The information you submit under § 778.14 of this subchapter pertaining to violations which are unabated or uncorrected after the abatement or correction period has expired.
</P>
<P>(c) We must update the information referred to in paragraph (b) of this section in AVS upon our verification of any additional information submitted or discovered during our permit application review.
</P>
<CITA TYPE="N">[65 FR 79663, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.9" NODE="30:3.0.1.7.33.0.1.8" TYPE="SECTION">
<HEAD>§ 773.9   Review of applicant and operator information.</HEAD>
<P>(a) We, the regulatory authority, will rely upon the information that you, the applicant, are required to submit under § 778.11 of this subchapter, information from AVS, and any other available information, to review your and your operator's organizational structure and ownership or control relationships.
</P>
<P>(b) We must conduct the review required under paragraph (a) of this section before making a permit eligibility determination under § 773.12 of this part.
</P>
<CITA TYPE="N">[65 FR 79663, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007; 75 FR 60275, Sept. 29, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 773.10" NODE="30:3.0.1.7.33.0.1.9" TYPE="SECTION">
<HEAD>§ 773.10   Review of permit history.</HEAD>
<P>(a) We, the regulatory authority, will rely upon the permit history information you, the applicant, submit under § 778.12 of this subchapter, information from AVS, and any other available information to review your and your operator's permit histories. We must conduct this review before making a permit eligibility determination under § 773.12 of this part.
</P>
<P>(b) We will also determine if you or your operator have previous mining experience.
</P>
<P>(c) If you or your operator do not have any previous mining experience, we may conduct an additional review under § 774.11(f) of this subchapter. The purpose of this review will be to determine if someone else with mining experience controls the mining operation.
</P>
<CITA TYPE="N">[65 FR 79663, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.11" NODE="30:3.0.1.7.33.0.1.10" TYPE="SECTION">
<HEAD>§ 773.11   Review of compliance history.</HEAD>
<P>(a) We, the regulatory authority, will rely upon the violation information supplied by you, the applicant, under § 778.14 of this subchapter, a report from AVS, and any other available information to review histories of compliance with the Act or the applicable State regulatory program, and any other applicable air or water quality laws, for—
</P>
<P>(1) You;
</P>
<P>(2) Your operator;
</P>
<P>(3) Operations you own or control; and
</P>
<P>(4) Operations your operator owns or controls.
</P>
<P>(b) We must conduct the review required under paragraph (a) of this section before making a permit eligibility determination under § 773.12 of this part.
</P>
<CITA TYPE="N">[65 FR 79663, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 773.12" NODE="30:3.0.1.7.33.0.1.11" TYPE="SECTION">
<HEAD>§ 773.12   Permit eligibility determination.</HEAD>
<P>Based on the reviews required under §§ 773.9 through 773.11 of this part, we, the regulatory authority, will determine whether you, the applicant, are eligible for a permit under section 510(c) of the Act.
</P>
<P>(a) Except as provided in §§ 773.13 and 773.14 of this part, you are not eligible for a permit if we find that any surface coal mining operation that—
</P>
<P>(1) You directly own or control has an unabated or uncorrected violation; or
</P>
<P>(2) You or your operator indirectly control has an unabated or uncorrected violation and your control was established or the violation was cited after November 2, 1988.
</P>
<P>(b) We will not issue you a permit if you or your operator are permanently ineligible to receive a permit under § 774.11(c) of this subchapter.
</P>
<P>(c) After we approve your permit under § 773.15 of this part, we will not issue the permit until you comply with the information update and certification requirement of § 778.9(d) of this subchapter. After you complete that requirement, we will again request a compliance history report from AVS to determine if there are any unabated or uncorrected violations which affect your permit eligibility under paragraphs (a) and (b) of this section. We will request this report no more than five business days before permit issuance under § 773.19 of this part.
</P>
<P>(d) If you are ineligible for a permit under this section, we will send you written notification of our decision. The notice will tell you why you are ineligible and include notice of your appeal rights under part 775 of this subchapter and 43 CFR 4.1360 through 4.1369.
</P>
<CITA TYPE="N">[65 FR 79663, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.13" NODE="30:3.0.1.7.33.0.1.12" TYPE="SECTION">
<HEAD>§ 773.13   Unanticipated events or conditions at remining sites.</HEAD>
<P>(a) You, the applicant, are eligible for a permit under § 773.12 if an unabated violation—
</P>
<P>(1) Occurred after October 24, 1992; and
</P>
<P>(2) Resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for remining under a permit that was held by the person applying for the new permit.
</P>
<P>(b) For permits issued under § 785.25 of this subchapter, an event or condition is presumed to be unanticipated for the purpose of this section if it—
</P>
<P>(1) Arose after permit issuance;
</P>
<P>(2) Was related to prior mining; and
</P>
<P>(3) Was not identified in the permit application.
</P>
<CITA TYPE="N">[65 FR 79663, Dec. 19, 2000, as amended at 73 FR 67630, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 773.14" NODE="30:3.0.1.7.33.0.1.13" TYPE="SECTION">
<HEAD>§ 773.14   Eligibility for provisionally issued permits.</HEAD>
<P>(a) This section applies to you if you are an applicant who owns or controls a surface coal mining and reclamation operation with—
</P>
<P>(1) A notice of violation issued under § 843.12 of this chapter or the State regulatory program equivalent for which the abatement period has not yet expired; or
</P>
<P>(2) A violation that is unabated or uncorrected beyond the abatement or correction period.
</P>
<P>(b) We, the regulatory authority, will find you eligible for a provisionally issued permit under this section if you demonstrate that one or more of the following circumstances exists with respect to all violations listed in paragraph (a) of this section—
</P>
<P>(1) For violations meeting the criteria of paragraph (a)(1) of this section, you certify that the violation is being abated to the satisfaction of the regulatory authority with jurisdiction over the violation, and we have no evidence to the contrary.
</P>
<P>(2) As applicable, you, your operator, and operations that you or your operator own or control are in compliance with the terms of any abatement plan (or, for delinquent fees or penalties, a payment schedule) approved by the agency with jurisdiction over the violation.
</P>
<P>(3) You are pursuing a good faith—
</P>
<P>(i) Challenge to all pertinent ownership or control listings or findings under §§ 773.25 through 773.27 of this part; or
</P>
<P>(ii) Administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force.
</P>
<P>(4) The violation is the subject of a good faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.
</P>
<P>(c) We will consider a provisionally issued permit to be improvidently issued, and we must immediately initiate procedures under §§ 773.22 and 773.23 of this part to suspend or rescind that permit, if—
</P>
<P>(1) Violations included in paragraph (b)(1) of this section are not abated within the specified abatement period;
</P>
<P>(2) You, your operator, or operations that you or your operator own or control do not comply with the terms of an abatement plan or payment schedule mentioned in paragraph (b)(2) of this section;
</P>
<P>(3) In the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review referenced in paragraph (b)(3) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding; or
</P>
<P>(4) The initial judicial review decision referenced in paragraph (b)(3)(ii) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding.
</P>
<CITA TYPE="N">[65 FR 79663, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]




</CITA>
</DIV8>


<DIV8 N="§ 773.15" NODE="30:3.0.1.7.33.0.1.14" TYPE="SECTION">
<HEAD>§ 773.15   Written findings for permit application approval.</HEAD>
<P>No permit application or application for a significant revision of a permit shall be approved unless the application affirmatively demonstrates and the regulatory authority finds, in writing, on the basis of information set forth in the application or from information otherwise available that is documented in the approval, the following:
</P>
<P>(a) The application is accurate and complete and the applicant has complied with all requirements of the Act and the regulatory program.
</P>
<P>(b) The applicant has demonstrated that reclamation as required by the Act and the regulatory program can be accomplished under the reclamation plan contained in the permit application.
</P>
<P>(c) The proposed permit area is—
</P>
<P>(1) Not within an area under study or administrative proceedings under a petition, filed pursuant to parts 764 and 769 of this chapter, to have an area designated as unsuitable for surface coal mining operations, unless the applicant demonstrates that before January 4, 1977, he has made substantial legal and financial commitments in relation to the operation covered by the permit application; or
</P>
<P>(2) Not within an area designated as unsuitable for surface coal mining operations under parts 762 and 764 or 769 of this chapter or within an area subject to the prohibitions of § 761.11 of this chapter.
</P>
<P>(d) For mining operations where the private mineral estate to be mined has been severed from the private surface estate, the applicant has submitted to the regulatory authority the documentation required under § 778.15(b) of this chapter.
</P>
<P>(e) The regulatory authority has made an assessment of the probable cumulative impacts of all anticipated coal mining on the hydrologic balance in the cumulative impact area and has determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.
</P>
<P>(f) The applicant has demonstrated that any existing structure will comply with § 701.11(d), and the applicable performance standards of subchapter B or K of this chapter.
</P>
<P>(g) The applicant has paid all reclamation fees from previous and existing operations as required by subchapter R of this chapter.
</P>
<P>(h) The applicant has satisfied the applicable requirements of part 785 of this chapter.
</P>
<P>(i) The applicant has, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural postmining land use, in accordance with the requirements of § 816.111(d) or § 817.111(d).
</P>
<P>(j) The operation would not affect the continued existence of endangered or threatened species or result in destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act of 1973 (16 U.S.C. 1531 <I>et seq.</I>).
</P>
<P>(k) The regulatory authority has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a documented decision that the regulatory authority has determined that no additional protection measures are necessary.
</P>
<P>(l) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of § 816.106 or § 817.106 of this chapter, the site of the operation is a <I>previously mined area</I> as defined in § 701.5 of this chapter.
</P>
<P>(m) For permits to be issued under § 785.25 of this chapter, the permit application must contain:
</P>
<P>(i) Lands eligible for remining;
</P>
<P>(ii) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and
</P>
<P>(iii) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of the regulatory program can be accomplished.
</P>
<P>(n) The applicant is eligible to receive a permit, based on the reviews under §§ 773.7 through 773.14 of this part.
</P>
<CITA TYPE="N">[48 FR 44391, Sept. 1983, as amended at 65 FR 79663, Dec. 19, 2000; 81 FR 93324, Dec. 20, 2016; 82 FR 54937, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 773.16" NODE="30:3.0.1.7.33.0.1.15" TYPE="SECTION">
<HEAD>§ 773.16   Performance bond submittal.</HEAD>
<P>If the regulatory authority decides to approve the application, it shall require that the applicant file the performance bond or provide other equivalent guarantee before the permit is issued, in accordance with the provisions of subchapter J of this chapter.
</P>
<CITA TYPE="N">[48 FR 44391, Sept. 28, 1983, as amended at 52 FR 4262, Feb. 10, 1987; 52 FR 17529, May 8, 1987; 53 FR 38890, Oct. 3, 1988; 54 FR 8991, Mar. 2, 1989; 59 FR 54353, Oct. 28, 1994; 60 FR 58491, Nov. 27, 1995; 62 FR 19458, Apr. 21, 1997; 64 FR 70837, Dec. 17, 1999; 65 FR 79663, Dec. 19, 2000. Redesignated at 65 FR 79663, Dec. 19, 2000; 66 FR 16127, Mar. 23, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 773.17" NODE="30:3.0.1.7.33.0.1.16" TYPE="SECTION">
<HEAD>§ 773.17   Permit conditions.</HEAD>
<P>Each permit issued by the regulatory authority shall be subject to the following conditions:
</P>
<P>(a) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted with the application and authorized for the term of the permit and that are subject to the performance bond or other equivalent guarantee in effect pursuant to subchapter J of this chapter.
</P>
<P>(b) The permittee shall conduct all surface coal mining and reclamation operations only as described in the approved application, except to the extent that the regulatory authority otherwise directs in the permit.
</P>
<P>(c) The permittee shall comply with the terms and conditions of the permit, all applicable performance standards of the Act, and the requirements of the regulatory program.
</P>
<P>(d) Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, the permittee shall allow the authorized representatives of the Secretary and the State regulatory authority to—
</P>
<P>(1) Have the right of entry provided for in §§ 842.13 and 840.12 of this chapter; and
</P>
<P>(2) Be accompanied by private persons for the purpose of conducting an inspection in accordance with parts 840 and 842, when the inspection is in response to an alleged violation reported to the regulatory authority by the private person.
</P>
<P>(e) The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition or the permit, including, but not limited to—
</P>
<P>(1) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;
</P>
<P>(2) Immediate implementation of measures necessary to comply; and
</P>
<P>(3) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.
</P>
<P>(f) As applicable, the permittee shall comply with § 701.11(d) and subchapter B or K of this chapter for compliance, modification, or abandonment of existing structures.
</P>
<P>(g) The operator shall pay all reclamation fees required by subchapter R of this chapter for coal produced under the permit for sale, transfer or use, in the manner required by that subchapter.
</P>
<CITA TYPE="N">[48 FR 44391, Sept. 28, 1983, as amended at 49 FR 27499, July 5, 1984; 54 FR 8991, Mar. 2, 1989; 62 FR 19459, Apr. 21, 1997; 65 FR 79663, Dec. 19, 2000; 81 FR 93324, Dec. 20, 2016; 82 FR 54937, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 773.19" NODE="30:3.0.1.7.33.0.1.17" TYPE="SECTION">
<HEAD>§ 773.19   Permit issuance and right of renewal.</HEAD>
<P>(a) <I>Decision.</I> If the application is approved, the permit shall be issued upon submittal of a performance bond in accordance with subchapter J. If the application is disapproved, specific reasons therefore shall be set forth in the notification required by paragraph (b) of this section.
</P>
<P>(b) <I>Notification.</I> The regulatory authority shall issue written notification of the decision to the following persons and entities:
</P>
<P>(1) The applicant, each person who files comments or objections to the permit application, and each party to an informal conference.
</P>
<P>(2) The local governmental officials in the local political subdivision in which the land to be affected is located within 10 days after the issuance of a permit, including a description of the location of the land.
</P>
<P>(3) If the regulatory authority is a State agency, the local OSM office.
</P>
<P>(c) <I>Permit term.</I> Each permit shall be issued for a fixed term of 5 years or less, unless the requirements of § 778.17 of this chapter are met.
</P>
<P>(d) <I>Right of renewal.</I> Permit application approval shall apply to those lands that are specifically designated as the permit area on the maps submitted with the application and for which the application is complete and accurate. Any valid permit issued in accordance with paragraph (a) of this section shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit, in accordance with § 774.15.
</P>
<P>(e) <I>Initiation of operations.</I> (1) A permit shall terminate if the permittee has not begun the surface coal mining and reclamation operation covered by the permit within 3 years of the issuance of the permit.
</P>
<P>(2) The regulatory authority may grant a reasonable extension of time for commencement of these operations, upon receipt of a written statement showing that such an extension of time is necessary, if—
</P>
<P>(i) Litigation precludes the commencement or threatens substantial economic loss to the permittee; or
</P>
<P>(ii) There are conditions beyond the control and without the fault or negligence of the permittee.
</P>
<P>(3) With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.
</P>
<P>(4) Extensions of time granted by the regulatory authority under this paragraph shall be specifically set forth in the permit, and notice of the extension shall be made public by the regulatory authority.


</P>
</DIV8>


<DIV8 N="§ 773.21" NODE="30:3.0.1.7.33.0.1.18" TYPE="SECTION">
<HEAD>§ 773.21   Initial review and finding requirements for improvidently issued permits.</HEAD>
<P>(a) If we, the regulatory authority, have reason to believe that we improvidently issued a permit to you, the permittee, we must review the circumstances under which the permit was issued. We will make a preliminary finding that your permit was improvidently issued if, under the permit eligibility criteria of the applicable regulations implementing section 510(c) of the Act in effect at the time of permit issuance, your permit should not have been issued because you or your operator owned or controlled a surface coal mining and reclamation operation with an unabated or uncorrected violation.
</P>
<P>(b) We will make a finding under paragraph (a) of this section only if you or your operator—
</P>
<P>(1) Continue to own or control the operation with the unabated or uncorrected violation;
</P>
<P>(2) The violation remains unabated or uncorrected; and
</P>
<P>(3) The violation would cause you to be ineligible under the permit eligibility criteria in our current regulations.
</P>
<P>(c) When we make a preliminary finding under paragraph (a) of this section, we must serve you with a written notice of the preliminary finding, which must be based on evidence sufficient to establish a <I>prima facie</I> case that your permit was improvidently issued.
</P>
<P>(d) Within 30 days of receiving a notice under paragraph (c) of this section, you may challenge the preliminary finding by providing us with evidence as to why the permit was not improvidently issued under the criteria in paragraphs (a) and (b) of this section.
</P>
<P>(e) The provisions of §§ 773.25 through 773.27 of this part apply when a challenge under paragraph (d) of this section concerns a preliminary finding under paragraphs (a) and (b)(1) of this section that you or your operator currently own or control, or owned or controlled, a surface coal mining operation.
</P>
<CITA TYPE="N">[65 FR 79665, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.22" NODE="30:3.0.1.7.33.0.1.19" TYPE="SECTION">
<HEAD>§ 773.22   Notice requirements for improvidently issued permits.</HEAD>
<P>(a) We, the regulatory authority, must serve you, the permittee, with a written notice of proposed suspension or rescission, together with a statement of the reasons for the proposed suspension or rescission, if—
</P>
<P>(1) After considering any evidence submitted under § 773.21(d) of this part, we find that a permit was improvidently issued under the criteria in § 773.21 paragraphs (a) and (b) of § 773.21 of this part; or
</P>
<P>(2) Your permit was provisionally issued under § 773.14(b) of this part and one or more of the conditions in §§ 773.14(c)(1) through (4) exists.
</P>
<P>(b) If we propose to suspend your permit, we will provide 60 days notice.
</P>
<P>(c) If we propose to rescind your permit, we will provide 120 days notice.
</P>
<P>(d) If you wish to appeal the notice, you must exhaust administrative remedies under the procedures at 43 CFR 4.1370 through 4.1377 (when OSM is the regulatory authority) or under the State regulatory program equivalent (when a State is the regulatory authority).
</P>
<P>(e) After we serve you with a notice of proposed suspension or rescission under this section, we will take action under § 773.23 of this part.
</P>
<P>(f) The regulations for service at § 843.14 of this chapter, or the State regulatory program equivalent, will govern service under this section.
</P>
<P>(g) The times specified in paragraphs (b) and (c) of this section will apply unless you obtain temporary relief under the procedures at 43 CFR 4.1376 or the State regulatory program equivalent.
</P>
<CITA TYPE="N">[65 FR 79665, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007; 75 FR 60275, Sept. 29, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 773.23" NODE="30:3.0.1.7.33.0.1.20" TYPE="SECTION">
<HEAD>§ 773.23   Suspension or rescission requirements for improvidently issued permits.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, we, the regulatory authority, must suspend or rescind your permit upon expiration of the time specified in § 773.22(b) or (c) of this part unless you submit evidence and we find that—
</P>
<P>(1) The violation has been abated or corrected to the satisfaction of the agency with jurisdiction over the violation;
</P>
<P>(2) You or your operator no longer own or control the relevant operation;
</P>
<P>(3) Our finding for suspension or rescission was in error;
</P>
<P>(4) The violation is the subject of a good faith administrative or judicial appeal (unless there is an initial judicial decision affirming the violation, and that decision remains in force);
</P>
<P>(5) The violation is the subject of an abatement plan or payment schedule that is being met to the satisfaction of the agency with jurisdiction over the violation; or
</P>
<P>(6) You are pursuing a good faith challenge or administrative or judicial appeal of the relevant ownership or control listing or finding (unless there is an initial judicial decision affirming the listing or finding, and that decision remains in force).
</P>
<P>(b) If you have requested administrative review of a notice of proposed suspension or rescission under § 773.22(e) of this part, we will not suspend or rescind your permit unless and until the Office of Hearings and Appeals or its State counterpart affirms our finding that your permit was improvidently issued.
</P>
<P>(c) When we suspend or rescind your permit under this section, we must—
</P>
<P>(1) Issue you a written notice requiring you to cease all surface coal mining operations under the permit; and
</P>
<P>(2) Post the notice at our office closest to the permit area.
</P>
<P>(d) If we suspend or rescind your permit under this section, you may request administrative review of the notice under the procedures at 43 CFR 4.1370 through 4.1377 (when OSM is the regulatory authority) or under the State regulatory program equivalent (when a State is the regulatory authority). Alternatively, you may seek judicial review of the notice.
</P>
<CITA TYPE="N">[65 FR 79665, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.25" NODE="30:3.0.1.7.33.0.1.21" TYPE="SECTION">
<HEAD>§ 773.25   Who may challenge ownership or control listings and findings.</HEAD>
<P>You may challenge a listing or finding of ownership or control using the provisions under §§ 773.26 and 773.27 of this part if you are—
</P>
<P>(a) Listed in a permit application or AVS as an owner or controller of an entire surface coal mining operation, or any portion or aspect thereof:
</P>
<P>(b) Found to be an owner or controller of an entire surface coal mining operation, or any portion or aspect thereof, under §§ 773.21 or 774.11(g) of this subchapter; or
</P>
<P>(c) An applicant or permittee affected by an ownership or control listing or finding.
</P>
<CITA TYPE="N">[65 FR 79666, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.26" NODE="30:3.0.1.7.33.0.1.22" TYPE="SECTION">
<HEAD>§ 773.26   How to challenge an ownership or control listing or finding.</HEAD>
<P>This section applies to you if you challenge an ownership or control listing or finding.
</P>
<P>(a) To challenge an ownership or control listing or finding, you must submit a written explanation of the basis for the challenge, along with any evidence or explanatory materials you wish to provide under § 773.27(b) of this part, to the regulatory authority, as identified in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If the challenge concerns . . .
</TH><TH class="gpotbl_colhed" scope="col">Then you must submit a written explanation to . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) a pending State or Federal permit application</TD><TD align="left" class="gpotbl_cell">the regulatory authority with jurisdiction over the application.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) your ownership or control of a surface coal mining operation, and you are not currently seeking a permit</TD><TD align="left" class="gpotbl_cell">the regulatory authority with jurisdiction over the surface coal mining operation.</TD></TR></TABLE></DIV></DIV>
<P>(b) The provisions of this section and of §§ 773.27 and 773.28 of this part apply only to challenges to ownership or control listings or findings. You may not use these provisions to challenge your liability or responsibility under any other provision of the Act or its implementing regulations.
</P>
<P>(c) When the challenge concerns a violation under the jurisdiction of a different regulatory authority, the regulatory authority with jurisdiction over the permit application or permit must consult the regulatory authority with jurisdiction over the violation and the AVS Office to obtain additional information.
</P>
<P>(d) A regulatory authority responsible for deciding a challenge under paragraph (a) of this section may request an investigation by the AVS Office.
</P>
<P>(e) At any time, you, a person listed in AVS as an owner or controller of a surface coal mining operation, may request an informal explanation from the AVS Office as to the reason you are shown in AVS in an ownership or control capacity. Within 14 days of your request, the AVS Office will provide a response describing why you are listed in AVS.
</P>
<CITA TYPE="N">[65 FR 796676, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.27" NODE="30:3.0.1.7.33.0.1.23" TYPE="SECTION">
<HEAD>§ 773.27   Burden of proof for ownership or control challenges.</HEAD>
<P>This section applies to you if you challenge an ownership or control listing or finding.
</P>
<P>(a) When you challenge a listing of ownership or control, or a finding of ownership or control made under § 774.11(g) of this subchapter, you must prove by a preponderance of the evidence that you either—
</P>
<P>(1) Do not own or control the entire surface coal mining operation or relevant portion or aspect thereof; or
</P>
<P>(2) Did not own or control the entire surface coal mining operation or relevant portion or aspect thereof during the relevant time period.
</P>
<P>(b) In meeting your burden of proof, you must present reliable, credible, and substantial evidence and any explanatory materials to the regulatory authority. The materials presented in connection with your challenge will become part of the permit file, an investigation file, or another public file. If you request, we will hold as confidential any information you submit under this paragraph which is not required to be made available to the public under § 842.16 of this chapter (when OSM is the regulatory authority) or under § 840.14 of this chapter (when a State is the regulatory authority).
</P>
<P>(c) Materials you may submit in response to the requirements of paragraph (b) of this section include, but are not limited to—
</P>
<P>(1) Notarized affidavits containing specific facts concerning the duties that you performed for the relevant operation, the beginning and ending dates of your ownership or control of the operation, and the nature and details of any transaction creating or severing your ownership or control of the operation.
</P>
<P>(2) Certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence, or other relevant company records.
</P>
<P>(3) Certified copies of documents filed with or issued by any State, municipal, or Federal governmental agency.
</P>
<P>(4) An opinion of counsel, when supported by—
</P>
<P>(i) Evidentiary materials;
</P>
<P>(ii) A statement by counsel that he or she is qualified to render the opinion; and
</P>
<P>(iii) A statement that counsel has personally and diligently investigated the facts of the matter.
</P>
<CITA TYPE="N">[65 FR 79666, Dec. 19, 2000, as amended at 72 FR 68030, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 773.28" NODE="30:3.0.1.7.33.0.1.24" TYPE="SECTION">
<HEAD>§ 773.28   Written agency decision on challenges to ownership or control listings or findings.</HEAD>
<P>(a) Within 60 days of receipt of your challenge under § 773.26(a) of this part, we, the regulatory authority identified under § 773.26(a) of this part, will review and investigate the evidence and explanatory materials you submit and any other reasonably available information bearing on your challenge and issue a written decision. Our decision must state whether you own or control the relevant surface coal mining operation, or owned or controlled the operation, during the relevant time period.
</P>
<P>(b) We will promptly provide you with a copy of our decision by either—
</P>
<P>(1) Certified mail, return receipt requested; or
</P>
<P>(2) Any means consistent with the rules governing service of a summons and complaint under Rule 4 of the Federal Rules of Civil Procedure, or its State regulatory program counterparts.
</P>
<P>(c) Service of the decision on you is complete upon delivery and is not incomplete if you refuse to accept delivery.
</P>
<P>(d) We will post all decisions made under this section on AVS.
</P>
<P>(e) Any person who receives a written decision under this section, and who wishes to appeal that decision, must exhaust administrative remedies under the procedures at 43 CFR 4.1380 through 4.1387 or, when a State is the regulatory authority, the State regulatory program counterparts, before seeking judicial review.
</P>
<P>(f) Following our written decision or any decision by a reviewing administrative or judicial tribunal, we must review the information in AVS to determine if it is consistent with the decision. If it is not, we must promptly revise the information in AVS to reflect the decision. 
</P>
<CITA TYPE="N">[65 FR 79666, Dec. 19, 2000, as amended at 72 FR 68030, Dec. 3, 2007]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="774" NODE="30:3.0.1.7.34" TYPE="PART">
<HEAD>PART 774—REVISION; RENEWAL; TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS; POST-PERMIT ISSUANCE REQUIREMENTS; AND OTHER ACTIONS BASED ON OWNERSHIP, CONTROL, AND VIOLATION INFORMATION 


</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 44395, Sept. 28, 1983, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54944, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 774 made effective on Jan. 19, 2017, at 81 FR 93325-93326, Dec. 20, 2016. </PSPACE></EDNOTE>

<DIV8 N="§ 774.1" NODE="30:3.0.1.7.34.0.1.1" TYPE="SECTION">
<HEAD>§ 774.1   Scope and purpose.</HEAD>
<P>This part provides requirements for revision; renewal; transfer, assignment, or sale of permit rights; entering and updating information in AVS following the issuance of a permit; post-permit issuance requirements for regulatory authorities and permittees; and other actions based on ownership, control, and violation information.
</P>
<CITA TYPE="N">[65 FR 79667, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 774.9" NODE="30:3.0.1.7.34.0.1.2" TYPE="SECTION">
<HEAD>§ 774.9   Information collection.</HEAD>
<P>(a) The collections of information contained in part 774 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0116. Regulatory authorities will use this information to:
</P>
<P>(1) Determine if the applicant meets the requirements for revision; renewal; transfer, assignment, or sale of permit rights;
</P>
<P>(2) Enter and update information in AVS following the issuance of a permit; and
</P>
<P>(3) Fulfill post-permit issuance requirements and other obligations based on ownership, control, and violation information.
</P>
<P>(b) A Federal agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Response is required to obtain a benefit in accordance with SMCRA. Send comments regarding burden estimates or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, Room 202-SIB, 1951 Constitution Avenue NW., Washington, DC 20240.
</P>
<CITA TYPE="N">[72 FR 68030, Dec. 3, 2007, as amended at 81 FR 93325, Dec. 20, 2016; 82 FR 54944, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 774.10" NODE="30:3.0.1.7.34.0.1.3" TYPE="SECTION">
<HEAD>§ 774.10   Regulatory authority review of permits.</HEAD>
<P>(a) The regulatory authority shall review each permit issued and outstanding under an approved regulatory program during the term of the permit. This review shall occur not later than the middle of each permit term and as follows:
</P>
<P>(1) Permits with a term longer than 5 years shall be reviewed no less frequently than the permit midterm or every 5 years, whichever is more frequent.
</P>
<P>(2) Permits with variances granted in accordance with § 785.14 of this chapter (mountaintop removal) and § 785.18 of this chapter (variance for delay in contemporaneous reclamation requirement in combined surface and underground mining operations) of this chapter shall be reviewed no later than 3 years from the date of issuance of the permit unless, for variances issued in accordance with § 785.14 of this chapter, the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the permit.
</P>
<P>(3) Permits containing experimental practices issued in accordance with § 785.13 of this chapter and permits with a variance from approximate original contour requirements in accordance with § 785.16 shall be reviewed as set forth in the permit or at least every 2
<FR>1/2</FR> years from the date of issuance as required by the regulatory authority, in accordance with §§ 785.13(g) and 785.16(c) of this chapter, respectively.
</P>
<P>(b) After the review required by paragraph (a) of this section, or at any time, the regulatory authority may, by order, require reasonable revision of a permit in accordance with § 774.13 to ensure compliance with the Act and the regulatory program.
</P>
<P>(c) Any order of the regulatory authority requiring revision of a permit shall be based upon written findings and shall be subject to the provisions for administrative and judicial review in part 775 of this chapter. Copies of the order shall be sent to the permittee.
</P>
<P>(d) Permits may be suspended or revoked in accordance with subchapter L of this chapter.
</P>
<CITA TYPE="N">[48 FR 44398, Sept. 28, 1983. Redesignated at 65 FR 79667, Dec. 19, 2000, as amended at 81 FR 93325, Dec. 20, 2016; 82 FR 54944, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 774.11" NODE="30:3.0.1.7.34.0.1.4" TYPE="SECTION">
<HEAD>§ 774.11   Post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information.</HEAD>
<P>(a) For the purposes of future permit eligibility determinations and enforcement actions, we, the regulatory authority, must enter into AVS the data shown in the following table—
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">We must enter into AVS all . . .
</TH><TH class="gpotbl_colhed" scope="col">Within 30 days after . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) permit records</TD><TD align="left" class="gpotbl_cell">the permit is issued or subsequent changes made.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) unabated or uncorrected violations</TD><TD align="left" class="gpotbl_cell">the abatement or correction period for a violation expires.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) changes to information initially required to be provided by an applicant under 30 CFR 778.11</TD><TD align="left" class="gpotbl_cell">receiving notice of a change.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) changes in violation status</TD><TD align="left" class="gpotbl_cell">abatement, correction, or termination of a violation, or a decision from an administrative or judicial tribunal.</TD></TR></TABLE></DIV></DIV>
<P>(b) If, at any time, we discover that any person owns or controls an operation with an unabated or uncorrected violation, we will determine whether enforcement action is appropriate under part 843, 846 or 847 of this chapter. We must enter the results of each enforcement action, including administrative and judicial decisions, into AVS.
</P>
<P>(c) We must serve a preliminary finding of permanent permit ineligibility under section 510(c) of the Act on you, an applicant or operator, if the criteria in paragraphs (c)(1) and (c)(2) are met. In making a finding under this paragraph, we will only consider control relationships and violations which would make, or would have made, you ineligible for a permit under §§ 773.12(a) and (b) of this subchapter. We must make a preliminary finding of permanent permit ineligibility if we find that—
</P>
<P>(1) You control or have controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations under section 510(c) of the Act; and
</P>
<P>(2) The violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate your intent not to comply with the Act, its implementing regulations, the regulatory program, or your permit.
</P>
<P>(d) You may request a hearing on a preliminary finding of permanent permit ineligibility under 43 CFR 4.1350 through 4.1356.
</P>
<P>(e) Entry into AVS.
</P>
<P>(1) If you do not request a hearing, and the time for seeking a hearing has expired, we will enter our finding into AVS.
</P>
<P>(2) If you request a hearing, we will enter our finding into AVS only if that finding is upheld on administrative appeal.
</P>
<P>(f) At any time, we may identify any person who owns or controls an entire surface coal mining operation or any relevant portion or aspect thereof. If we identify such a person, we must issue a written preliminary finding to the person and the applicant or permittee describing the nature and extent of ownership or control. Our written preliminary finding must be based on evidence sufficient to establish a prima facie case of ownership or control.
</P>
<P>(g) After we issue a written preliminary finding under paragraph (f) of this section, we will allow you, the person subject to the preliminary finding, 30 days in which to submit any information tending to demonstrate your lack of ownership or control. If, after reviewing any information you submit, we are persuaded that you are not an owner or controller, we will serve you a written notice to that effect. If, after reviewing any information you submit, we still find that you are an owner or controller, or if you do not submit any information within the 30-day period, we will issue a written finding and enter our finding into AVS.
</P>
<P>(h) If we identify you as an owner or controller under paragraph (g) of this section, you may challenge the finding using the provisions of §§ 773.25, 773.26, and 773.27 of this subchapter.
</P>
<CITA TYPE="N">[65 FR 79667, Dec. 19, 2000, as amended at 72 FR 68030, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 774.12" NODE="30:3.0.1.7.34.0.1.5" TYPE="SECTION">
<HEAD>§ 774.12   Post-permit issuance information requirements for permittees.</HEAD>
<P>(a) Within 30 days after the issuance of a cessation order under § 843.11 of this chapter, or its State regulatory program equivalent, you, the permittee, must provide or update all the information required under § 778.11 of this subchapter.
</P>
<P>(b) You do not have to submit information under paragraph (a) of this section if a court of competent jurisdiction grants a stay of the cessation order and the stay remains in effect.
</P>
<P>(c) Within 60 days of any addition, departure, or change in position of any person identified in § 778.11(c) of this subchapter, you must provide—
</P>
<P>(1) The information required under § 778.11(d) of this subchapter; and
</P>
<P>(2) The date of any departure.
</P>
<CITA TYPE="N">[65 FR 79667, Dec. 19, 2000, as amended at 72 FR 68030, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 774.13" NODE="30:3.0.1.7.34.0.1.6" TYPE="SECTION">
<HEAD>§ 774.13   Permit revisions.</HEAD>
<P>(a) <I>General.</I> During the term of a permit, the permittee may submit an application to the regulatory authority for a revision of the permit.
</P>
<P>(b) <I>Application requirements and procedures.</I> the regulatory authority shall establish—
</P>
<P>(1) A time period within which the regulatory authority will approve or disapprove an application for a permit revision; and
</P>
<P>(2) Guidelines establishing the scale or extent of revisions for which all the permit application information requirements and procedures of this subchapter, including notice, public participation, and notice of decision requirements of §§ 773.6, 773.19(b) (1) and (3), and 778.21, shall apply. Such requirements and procedures shall apply at a minimum to all significant permit revisions.
</P>
<P>(c) <I>Criteria for approval.</I> No application for a permit revision shall be approved unless the application demonstrates and the regulatory authority finds that reclamation as required by the Act and the regulatory program can be accomplished, applicable requirements under § 773.15 which are pertinent to the revision are met, and the application for a revision complies with all requirements of the Act and the regulatory program.
</P>
<P>(d) <I>Request to change permit boundary.</I> Any extensions to the area covered by the permit, except incidental boundary revisions, shall be made by application for a new permit.
</P>
<CITA TYPE="N">[48 FR 44395, Sept. 28, 1983, as amended at 65 FR 79668, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 774.15" NODE="30:3.0.1.7.34.0.1.7" TYPE="SECTION">
<HEAD>§ 774.15   Permit renewals.</HEAD>
<P>(a) <I>General.</I> A valid permit, issued pursuant to an approved regulatory program, shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit.
</P>
<P>(b) <I>Application requirements and procedures.</I> (1) An application for renewal of a permit shall be filed with the regulatory authority at least 120 days before expiration of the existing permit term.
</P>
<P>(2) An application for renewal of a permit shall be in the form required by the regulatory authority and shall include at a minimum—
</P>
<P>(i) The name and address of the permittee, the term of the renewal requested, and the permit number or other identifier;
</P>
<P>(ii) Evidence that a liability insurance policy or adequate self-insurance under § 800.60 of this chapter will be provided by the applicant for the proposed period of renewal;
</P>
<P>(iii) Evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional bond required by the regulatory authorities pursuant to subchapter J of this chapter;
</P>
<P>(iv) A copy of the proposed newspaper notice and proof of publication of same, as required by § 778.21 of this chapter; and
</P>
<P>(v) Additional revised or updated information required by the regulatory authority.
</P>
<P>(3) Applications for renewal shall be subject to the requirements of public notification and public participation contained in §§ 773.6 and 773.19(b) of this chapter.
</P>
<P>(4) If an application for renewal includes any proposed revisions to the permit, such revisions shall be identified and subject to the requirements of § 774.13.
</P>
<P>(c) <I>Approval process</I>—(1) <I>Criteria for approval.</I> The regulatory authority shall approve a complete and accurate application for permit renewal, unless it finds, in writing that—
</P>
<P>(i) The terms and conditions of the existing permit are not being satisfactorily met;
</P>
<P>(ii) The present surface coal mining and reclamation operations are not in compliance with the environmental protection standards of the Act and the regulatory program;
</P>
<P>(iii) The requested renewal substantially jeopardizes the operator's continuing ability to comply with the Act and the regulatory program on existing permit areas;
</P>
<P>(iv) The operator has not provided evidence of having liability insurance or self-insurance as required in § 800.60 of this chapter;
</P>
<P>(v) The operator has not provided evidence that any performance bond required to be in effect for the operation will continue in full force and effect for the proposed period of renewal, as well as any additional bond the regulatory authority might require pursuant to subchapter J of this chapter; or
</P>
<P>(vi) Additional revised or updated information required by the regulatory authority has not been provided by the applicant.
</P>
<P>(2) <I>Burden of proof.</I> In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal.
</P>
<P>(3) <I>Alluvial valley floor variance.</I> If the surface coal mining and reclamation operation authorized by the original permit was not subject to the standards contained in sections 510(b)(5) (A) and (B) of the Act and § 785.19 of this chapter, because the permittee complied with the exceptions in the proviso to section 510(b)(5) of the Act, the portion of the application for renewal of the permit that addresses new land areas previously identified in the reclamation plan for the original permit shall not be subject to the standards contained in sections 510(b)(5) (A) and (B) of the Act and § 785.19 of this chapter.
</P>
<P>(d) <I>Renewal term.</I> Any permit renewal shall be for a term not to exceed the period of the original permit established under § 773.19.
</P>
<P>(e) <I>Notice of decision.</I> The regulatory authority shall send copies of its decision to the applicant, to each person who filed comments or objections on the renewal, to each party to any informal conference held on the permit renewal, and to OSM if OSM is not the regulatory authority.
</P>
<P>(f) <I>Administrative and judicial review.</I> Any person having an interest which is or may be adversely affected by the decision of the regulatory authority shall have the right to administrative and judicial review set forth in part 775 of this chapter.
</P>
<CITA TYPE="N">[48 FR 44395, Sept. 28, 1983, as amended at 79668, Dec. 19, 2000; 81 FR 93326, Dec. 20, 2016; 82 FR 54944, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 774.17" NODE="30:3.0.1.7.34.0.1.8" TYPE="SECTION">
<HEAD>§ 774.17   Transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) <I>General.</I> No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the regulatory authority. At its discretion, the regulatory authority may allow a prospective successor in interest to engage in surface coal mining and reclamation operations under the permit during the pendency of an application for approval of a transfer, assignment, or sale of permit rights submitted under paragraph (b) of this section, provided that the prospective successor in interest can demonstrate to the satisfaction of the regulatory authority that sufficient bond coverage will remain in place.
</P>
<P>(b) <I>Application requirements.</I> An applicant for approval of the transfer, assignment, or sale of permit rights shall—
</P>
<P>(1) Provide the regulatory authority with an application for approval of the proposed transfer, assignment, or sale including—
</P>
<P>(i) The name and address of the existing permittee and permit number or other identifier;
</P>
<P>(ii) A brief description of the proposed action requiring approval; and
</P>
<P>(iii) The legal, financial, compliance, and related information required by part 778 of this chapter for the applicant for approval of the transfer, assignment, or sale of permit rights.
</P>
<P>(2) Advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the permittee, the permit number or other identifier, the geographic location of the permit, and the address to which written comments may be sent;
</P>
<P>(3) Obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations, as required under subchapter J of this chapter.
</P>
<P>(c) <I>Public participation.</I> Any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the regulatory authority within a time specified by the regulatory authority.
</P>
<P>(d) <I>Criteria for approval.</I> The regulatory authority may allow a permittee to transfer, assign, or sell permit rights to a successor, if it finds in writing that the successor—
</P>
<P>(1) Is eligible to receive a permit in accordance with §§ 773.12 and 773.14 of this chapter;
</P>
<P>(2) Has submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee, as required by subchapter J of this chapter; and
</P>
<P>(3) Meets any other requirements specified by the regulatory authority.
</P>
<P>(e) <I>Notification.</I> (1) The regulatory authority shall notify the permittee, the successor, commenters, and OSM, if OSM is not the regulatory authority, of its findings.
</P>
<P>(2) The successor shall immediately provide notice to the regulatory authority of the consummation of the transfer, assignment, or sale of permit rights.
</P>
<P>(f) <I>Continued operation under existing permit.</I> The successor in interest shall assume the liability and reclamation responsibilities of the existing permit and shall conduct the surface coal mining and reclamation operations in full compliance with the Act, the regulatory program, and the terms and conditions of the existing permit, unless the applicant has obtained a new or revised permit as provided in this subchapter. 
</P>
<CITA TYPE="N">[48 FR 44395, Sept. 28, 1983, as amended at 65 FR 79668, Dec. 19, 2000; 72 FR 68030, Dec. 3, 2007]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="775" NODE="30:3.0.1.7.35" TYPE="PART">
<HEAD>PART 775—ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 44397, Sept. 28, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 775.1" NODE="30:3.0.1.7.35.0.1.1" TYPE="SECTION">
<HEAD>§ 775.1   Scope and purpose.</HEAD>
<P>This part provides requirements for administrative and judicial review of decisions on permits.


</P>
</DIV8>


<DIV8 N="§ 775.11" NODE="30:3.0.1.7.35.0.1.2" TYPE="SECTION">
<HEAD>§ 775.11   Administrative review.</HEAD>
<P>(a) <I>General.</I> Within 30 days after an applicant or permittee is notified of the decision of the regulatory authority concerning an application for approval of exploration required under part 772 of this chapter, a permit for surface coal mining and reclamation operations, a permit revision, a permit renewal, or a transfer, assignment, or sale of permit rights, the applicant, permittee, or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the decision, in accordance with this section.
</P>
<P>(b) <I>Administrative hearings under State programs.</I> (1) The regulatory authority shall start the administrative hearing within 30 days of such request. The hearing shall be on the record and adjudicatory in nature. No person who presided at an informal conference under § 773.6(c) shall either preside at the hearing or participate in the decision following the hearing or administrative appeal.
</P>
<P>(2) The regulatory authority may, under such conditions as it prescribes, grant such temporary relief as it deems appropriate, pending final determination of the proceeding, if—
</P>
<P>(i) All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;
</P>
<P>(ii) The person requesting that relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding;
</P>
<P>(iii) The relief sought will not adversely affect the public health or safety, or cause significant, imminent environmental harm to land, air, or water resources; and 
</P>
<P>(iv) The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the regulatory authority except that continuation under an existing permit may be allowed where the operation has a valid permit issued under section 510 of the Act.
</P>
<P>(3) The hearing shall be conducted under the following conditions:
</P>
<P>(i) The hearing authority may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence, including, but not limited to, site inspections of the land to be affected and other surface coal mining and reclamation operations carried on by the applicant in the general vicinity of the proposed operations.
</P>
<P>(ii) A verbatim record of each public hearing required by this section shall be made, and a transcript made available on the motion of any party or by order of the hearing authority.
</P>
<P>(iii) Ex parte contacts between representatives of the parties appearing before the hearing authority and the hearing authority shall be prohibited.
</P>
<P>(4) Within 30 days after the close of the record, the hearing authority shall issue and furnish the applicant and each person who participated in the hearing with the written findings of fact, conclusions of law, and order of the hearing authority with respect to the appeal of the decision.
</P>
<P>(5) The burden of proof at such hearings shall be on the party seeking to reverse the decision of the regulatory authority.
</P>
<P>(c) <I>Administrative hearings under Federal programs and Federal lands programs.</I> All hearings, under a Federal program for a State or a Federal lands program except as may be modified by a cooperative agreement pursuant to part 745 of this chapter, on an application for approval of exploration, a permit for surface coal mining and reclamation operations, permit revision, a permit renewal, or a transfer, assignment, or sale of permit rights shall be of record and governed by 5 U.S.C. 554 and 43 CFR part 4.
</P>
<CITA TYPE="N">[48 FR 44397, Sept. 28, 1983, as amended at 65 FR 79668, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 775.13" NODE="30:3.0.1.7.35.0.1.3" TYPE="SECTION">
<HEAD>§ 775.13   Judicial review.</HEAD>
<P>(a) <I>General.</I> Any applicant or any person with an interest which is or may be adversely affected and who has participated in the administrative hearings as an objector may appeal as provided in paragraph (b) or (c) of this section if—
</P>
<P>(1) The applicant or person is aggrieved by the decision of the hearing authority in the administrative hearing conducted pursuant to § 775.11 of this chapter; or
</P>
<P>(2) Either the regulatory authority or the hearing authority for administrative review under § 775.11 of this chapter fails to act within applicable time limits specified in the Act, this chapter, or the regulatory program. 
</P>
<P>(b) <I>Judicial review under State programs.</I> The action of the hearing authority identified in paragraph (a) of this section shall be subject to judicial review by a court of competent jurisdiction, as provided for in the State program, but the availability of such review shall not be construed to limit the operation of the rights established in section 520 of the Act. 
</P>
<P>(c) <I>Judicial review under Federal programs and Federal lands programs.</I> The action of the hearing authority identified in paragraph (a) of this section is subject to judicial review by the U.S. District Court for the district where the coal exploration or surface coal mining and reclamation operation is or would be located, except for judicial review of State regulatory authority actions in a State court of competent jurisdiction as may be provided for in a cooperative agreement, in the time and manner provided for in section 526 (a)(2), (b) and (e) of the Act. The availability of such review shall not be construed to limit the operation of the rights established in section 520 of the Act. 


</P>
</DIV8>

</DIV5>


<DIV5 N="777" NODE="30:3.0.1.7.36" TYPE="PART">
<HEAD>PART 777—GENERAL CONTENT REQUIREMENTS FOR PERMIT APPLICATIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 44398, Sept. 28, 1983, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54947, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 777 made effective on Jan. 19, 2017, at 81 FR 93326-93327, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 777.1" NODE="30:3.0.1.7.36.0.1.1" TYPE="SECTION">
<HEAD>§ 777.1   Scope.</HEAD>
<P>This part provides minimum requirements concerning the general content for permit applications under a State or Federal program.
</P>
<CITA TYPE="N">[48 FR 44398, Sept. 28, 1983, as amended at 81 FR 93326, Dec. 20, 2016; 82 FR 54947, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 777.10" NODE="30:3.0.1.7.36.0.1.2" TYPE="SECTION">
<HEAD>§ 777.10   Information collection.</HEAD>
<P>The information collection requirements contained in part 777 have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0032. The information is being collected to meet the requirements of sections 507, 508, and 510(b) of the Act. It provides general requirements for permit application format and contents. The obligation to respond is mandatory.


</P>
</DIV8>


<DIV8 N="§ 777.11" NODE="30:3.0.1.7.36.0.1.3" TYPE="SECTION">
<HEAD>§ 777.11   Format and contents.</HEAD>
<P>(a) An application shall—
</P>
<P>(1) Contain current information, as required by this subchapter;
</P>
<P>(2) Be clear and concise; and
</P>
<P>(3) Be filed in the format required by the regulatory authority.
</P>
<P>(b) If used in the application, referenced materials shall either be provided to the regulatory authority by the applicant or be readily available to the regulatory authority. If provided, relevant portions of referenced published materials shall be presented briefly and concisely in the application by photocopying or abstracting and with explicit citations.
</P>
<P>(c) Applications for permits; revisions; renewals; or transfers, sales or assignments of permit rights shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.
</P>
<CITA TYPE="N">[48 FR 44389, Sept. 28, 1983, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54947, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 777.13" NODE="30:3.0.1.7.36.0.1.4" TYPE="SECTION">
<HEAD>§ 777.13   Reporting of technical data.</HEAD>
<P>(a) All technical data submitted in the application shall be accompanied by the names of persons or organizations that collected and analyzed the data, dates of the collection and analysis of the data, and descriptions of the methodology used to collect and analyze the data.
</P>
<P>(b) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed.
</P>
<CITA TYPE="N">[48 FR 44398, Sept. 28, 1983, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54947, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 777.14" NODE="30:3.0.1.7.36.0.1.5" TYPE="SECTION">
<HEAD>§ 777.14   Maps and plans: General requirements.</HEAD>
<P>(a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the 1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or larger. Maps of the adjacent area shall clearly show the lands and waters within those areas and be in a scale determined by the regulatory authority, but in no event smaller than 1:24,000.
</P>
<P>(b) All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the life of operations. At a minimum, distinctions shall be clearly shown among those portions of the life of operations in which surface coal mining operations occurred—
</P>
<P>(1) Prior to August 3, 1977;
</P>
<P>(2) After August 3, 1977, and prior to either—
</P>
<P>(i) May 3, 1978; or
</P>
<P>(ii) In the case of an applicant or operator which obtained a small operator's exemption in accordance with § 710.12 of this chapter, January 1, 1979;
</P>
<P>(3) After May 3, 1978 (or January 1, 1979, for persons who received a small operator's exemption) and prior to the approval of the applicable regulatory program;
</P>
<P>(4) After the estimated date of issuance of a permit by the regulatory authority under the approved regulatory program.
</P>
<CITA TYPE="N">[48 FR 44398, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54947, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 777.15" NODE="30:3.0.1.7.36.0.1.6" TYPE="SECTION">
<HEAD>§ 777.15   Completeness.</HEAD>
<P>An application for a permit to conduct surface coal mining and reclamation operations shall be complete and shall include at a minimum—
</P>
<P>(a) For surface mining activities, the information required under parts 778, 779, and 780 of this chapter, and, as applicable to the operation, part 785 of this chapter; and
</P>
<P>(b) For underground mining activities, the information required under parts 778, 783, and 784 of this chapter, and, as applicable to the operation, part 785 of this chapter.
</P>
<CITA TYPE="N">[48 FR 44398, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54947, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 777.17" NODE="30:3.0.1.7.36.0.1.7" TYPE="SECTION">
<HEAD>§ 777.17   Permit fees.</HEAD>
<P>An application for a surface coal mining and reclamation permit shall be accompanied by a fee determined by the regulatory authority. The fee may be less than, but shall not exceed, the actual or anticipated cost of reviewing, administering, and enforcing the permit. The regulatory authority may develop procedures to allow the fee to be paid over the term of the permit. 


</P>
</DIV8>

</DIV5>


<DIV5 N="778" NODE="30:3.0.1.7.37" TYPE="PART">
<HEAD>PART 778—PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 44399, Sept. 28, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 778.1" NODE="30:3.0.1.7.37.0.1.1" TYPE="SECTION">
<HEAD>§ 778.1   Scope and purpose.</HEAD>
<P>This part establishes the minimum requirements for the permit applications for surface coal mining and reclamation operations under a State or Federal program. This part covers minimum legal, financial, and compliance requirements and general information that must be contained in permit applications. This part applies to any person who submits an application to a regulatory authority for a permit to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 778.8" NODE="30:3.0.1.7.37.0.1.2" TYPE="SECTION">
<HEAD>§ 778.8   Information collection.</HEAD>
<P>The collections of information contained in part 778 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0117. The information collected will be used by the regulatory authority to ensure that all legal, financial, and compliance information requirements are satisfied before issuance of a permit. Persons intending to conduct surface coal mining operations must respond to obtain a benefit. A Federal agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Response is required to obtain a benefit in accordance with SMCRA. Send comments regarding burden estimates or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, Room 202-SIB, 1951 Constitution Avenue, NW., Washington, DC 20240.
</P>
<CITA TYPE="N">[72 FR 68031, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 778.9" NODE="30:3.0.1.7.37.0.1.3" TYPE="SECTION">
<HEAD>§ 778.9   Certifying and updating existing permit application information.</HEAD>
<P>In this section, “you” means the applicant and “we” or “us” means the regulatory authority. 
</P>
<P>(a) If you have previously applied for a permit and the required information is already in AVS, then you may update the information as shown in the following table. 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If . . . 
</TH><TH class="gpotbl_colhed" scope="col">then you . . . 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) All or part of the information already in AVS is accurate and complete</TD><TD align="left" class="gpotbl_cell">may certify to us by swearing or affirming, under oath and in writing, that the relevant information in AVS is accurate, complete, and up to date. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Part of the information in AVS is missing or incorrect</TD><TD align="left" class="gpotbl_cell">must submit to us the necessary information or corrections and swear or affirm, under oath and in writing, that the information you submit is accurate and complete. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) You can neither certify that the data in AVS is accurate and complete nor make needed corrections</TD><TD align="left" class="gpotbl_cell">must include in your permit application the information required under this part.</TD></TR></TABLE></DIV></DIV>
<P>(b) You must swear or affirm, under oath and in writing, that all information you provide in an application is accurate and complete. 
</P>
<P>(c) We may establish a central file to house your identity information, rather than place duplicate information in each of your permit application files. We will make the information available to the public upon request. 
</P>
<P>(d) After we approve an application, but before we issue a permit, you must update, correct, or indicate that no change has occurred in the information previously submitted under this section and §§ 778.11 through 778.14 of this part.
</P>
<CITA TYPE="N">[65 FR 79668, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 778.11" NODE="30:3.0.1.7.37.0.1.4" TYPE="SECTION">
<HEAD>§ 778.11   Providing applicant and operator information.</HEAD>
<P>(a) You, the applicant, must provide in the permit application—
</P>
<P>(1) A statement indicating whether you and your operator are corporations, partnerships, associations, sole proprietorships, or other business entities;
</P>
<P>(2) Taxpayer identification numbers for you and your operator. 
</P>
<P>(b) You must provide the name, address, and telephone number for— 
</P>
<P>(1) The applicant. 
</P>
<P>(2) Your resident agent who will accept service of process. 
</P>
<P>(3) Any operator, if different from the applicant. 
</P>
<P>(4) Each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator; for every such business entity, you must also provide the required information for every president, chief executive officer, and director (or persons in similar positions), and every person who owns, of record, 10 percent or more of the entity.
</P>
<P>(c) For you and your operator, you must provide the information required by paragraph (d) of this section for every—
</P>
<P>(1) Officer.
</P>
<P>(2) Partner.
</P>
<P>(3) Member.
</P>
<P>(4) Director.
</P>
<P>(5) Person performing a function similar to a director.
</P>
<P>(6) Person who owns, of record, 10 percent or more of the applicant or operator.
</P>
<P>(d) You must provide the following information for each person listed in paragraph (c) of this section—
</P>
<P>(1) The person's name, address, and telephone number. 
</P>
<P>(2) The person's position title and relationship to you, including percentage of ownership and location in the organizational structure. 
</P>
<P>(3) The date the person began functioning in that position.
</P>
<P>(e) We need not make a finding as provided for under § 774.11(g) of this subchapter before entering into AVS the information required to be disclosed under this section; however, the mere listing in AVS of a person identified in paragraph (b) or (c) of this section does not create a presumption or constitute a determination that such person owns or controls a surface coal mining operation.
</P>
<CITA TYPE="N">[65 FR 79668, Dec. 19, 2000, as amended at 72 FR 68031, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 778.12" NODE="30:3.0.1.7.37.0.1.5" TYPE="SECTION">
<HEAD>§ 778.12   Providing permit history information.</HEAD>
<P>(a) You, the applicant, must provide a list of all names under which you, your operator, your partners or principal shareholders, and your operator's partners or principal shareholders operate or previously operated a surface coal mining operation in the United States within the five-year period preceding the date of submission of the application. 
</P>
<P>(b) For you and your operator, you must provide a list of any pending permit applications for surface coal mining operations filed in the United States. The list must identify each application by its application number and jurisdiction, or by other identifying information when necessary. 
</P>
<P>(c) For any surface coal mining operations that you or your operator owned or controlled within the five-year period preceding the date of submission of the application, and for any surface coal mining operation you or your operator own or control on that date, you must provide the—
</P>
<P>(1) Permittee's and operator's name and address; 
</P>
<P>(2) Permittee's and operator's taxpayer identification numbers; 
</P>
<P>(3) Federal or State permit number and corresponding MSHA number; 
</P>
<P>(4) Regulatory authority with jurisdiction over the permit; and 
</P>
<P>(5) Permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.
</P>
<CITA TYPE="N">[65 FR 79669, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 778.13" NODE="30:3.0.1.7.37.0.1.6" TYPE="SECTION">
<HEAD>§ 778.13   Providing property interest information.</HEAD>
<P>You, the applicant, must provide in the permit application all of the following information for the property to be mined—
</P>
<P>(a) The name and address of—
</P>
<P>(1) Each legal or equitable owner(s) of record of the surface and mineral. 
</P>
<P>(2) The holder(s) of record of any leasehold interest. 
</P>
<P>(3) Any purchaser(s) of record under a real estate contract. 
</P>
<P>(b) The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area. 
</P>
<P>(c) A statement of all interests, options, or pending bids you hold or have made for lands contiguous to the proposed permit area. If you request in writing, we will hold as confidential, under § 773.6(d)(3)(ii) of this chapter, any information you are required to submit under this paragraph which is not on public file under State law. 
</P>
<P>(d) The Mine Safety and Health Administration (MSHA) numbers for all structures that require MSHA approval.
</P>
<CITA TYPE="N">[65 FR 79669, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 778.14" NODE="30:3.0.1.7.37.0.1.7" TYPE="SECTION">
<HEAD>§ 778.14   Providing violation information.</HEAD>
<P>(a) You, the applicant, must state, in your permit application, whether you, your operator, or any subsidiary, affiliate, or entity which you or your operator own or control or which is under common control with you or your operator, has—
</P>
<P>(1) Had a Federal or State permit for surface coal mining operations suspended or revoked during the five-year period preceding the date of submission of the application; or 
</P>
<P>(2) Forfeited a performance bond or similar security deposited in lieu of bond in connection with surface coal mining and reclamation operations during the five-year period preceding the date of submission of the application. 
</P>
<P>(b) For each suspension, revocation, or forfeiture identified under paragraph (a), you must provide a brief explanation of the facts involved, including the—
</P>
<P>(1) Permit number. 
</P>
<P>(2) Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond or similar security forfeited. 
</P>
<P>(3) Regulatory authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the action. 
</P>
<P>(4) Current status of the permit, bond, or similar security involved. 
</P>
<P>(5) Date, location, type, and current status of any administrative or judicial proceedings concerning the suspension, revocation, or forfeiture. 
</P>
<P>(c) A list of all violation notices you or your operator received for any surface coal mining and reclamation operation during the three-year period preceding the date of submission of the application. In addition you must submit a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and reclamation operation that you or your operator own or control on that date. For each violation notice reported, you must include the following information, when applicable—
</P>
<P>(1) The permit number and associated MSHA number. 
</P>
<P>(2) The issue date, identification number, and current status of the violation notice. 
</P>
<P>(3) The name of the person to whom the violation notice was issued, 
</P>
<P>(4) The name of the regulatory authority or agency that issued the violation notice. 
</P>
<P>(5) A brief description of the violation alleged in the notice. 
</P>
<P>(6) The date, location, type, and current status of any administrative or judicial proceedings concerning the violation notice. 
</P>
<P>(7) If the abatement period for a violation in a notice of violation issued under § 843.12 of this chapter, or its State regulatory program equivalent, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation. 
</P>
<P>(8) For all violations not covered by paragraph (c)(7) of this section, the actions taken to abate or correct the violation.
</P>
<CITA TYPE="N">[65 FR 79669, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 778.15" NODE="30:3.0.1.7.37.0.1.8" TYPE="SECTION">
<HEAD>§ 778.15   Right-of-entry information.</HEAD>
<P>(a) An application shall contain a description of the documents upon which the applicant bases his legal right to enter and begin surface coal mining and reclamation operations in the permit area and shall state whether that right is the subject of pending litigation. The description shall identify the documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.
</P>
<P>(b) Where the private mineral estate to be mined has been severed from the private surface estate, an applicant shall also submit—
</P>
<P>(1) A copy of the written consent of the surface owner for the extraction of coal by surface mining methods;
</P>
<P>(2) A copy of the conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or
</P>
<P>(3) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under applicable State law, the applicant has the legal authority to extract the coal by those methods.
</P>
<P>(c) Nothing in this section shall be construed to provide the regulatory authority with the authority to adjudicate property rights disputes.


</P>
</DIV8>


<DIV8 N="§ 778.16" NODE="30:3.0.1.7.37.0.1.9" TYPE="SECTION">
<HEAD>§ 778.16   Status of unsuitability claims.</HEAD>
<P>(a) An application shall contain available information as to whether the proposed permit area is within an area designated as unsuitable for surface coal mining and reclamation operations or is within an area under study for designation in an administrative proceeding under parts 762, 764, and 769 of this chapter.
</P>
<P>(b) An application in which the applicant claims the exemption described in § 762.13(c) of this chapter shall contain information supporting the assertion that the applicant made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface coal mining and reclamation operations.
</P>
<P>(c) An application that proposes to conduct surface coal mining operations within 100 feet of a public road or within 300 feet of an occupied dwelling must meet the requirements of § 761.14 or § 761.15 of this chapter, respectively.
</P>
<CITA TYPE="N">[48 FR 44399, Sept. 28, 1983, as amended at 64 FR 70837, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 778.17" NODE="30:3.0.1.7.37.0.1.10" TYPE="SECTION">
<HEAD>§ 778.17   Permit term.</HEAD>
<P>(a) Each application shall state the anticipated or actual starting and termination date of each phase of the surface coal mining and reclamation operation and the anticipated number of acres of land to be affected during each phase of mining over the life of the mine.
</P>
<P>(b) If the applicant requires an initial permit term in excess of 5 years in order to obtain necessary financing for equipment and the opening of the operation, the application shall—
</P>
<P>(1) Be complete and accurate covering the specified longer term; and
</P>
<P>(2) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing.


</P>
</DIV8>


<DIV8 N="§ 778.18" NODE="30:3.0.1.7.37.0.1.11" TYPE="SECTION">
<HEAD>§ 778.18   Insurance.</HEAD>
<P>An application shall contain either a certificate of liability insurance or evidence of self-insurance in compliance with § 800.60 of this chapter. 


</P>
</DIV8>


<DIV8 N="§ 778.21" NODE="30:3.0.1.7.37.0.1.12" TYPE="SECTION">
<HEAD>§ 778.21   Proof of publication.</HEAD>
<P>A copy of the newspaper advertisements of the application for a permit, significant revision of a permit, or renewal of a permit, or proof of publication of the advertisements which is acceptable to the regulatory authority shall be filed with the regulatory authority and shall be made a part of the application not later than 4 weeks after the last date of publication as required by § 773.6(a)(1) of this chapter. 
</P>
<CITA TYPE="N">[48 FR 44399, Sept. 28, 1983, as amended at 65 FR 79669, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 778.22" NODE="30:3.0.1.7.37.0.1.13" TYPE="SECTION">
<HEAD>§ 778.22   Facilities or structures used in common.</HEAD>
<P>The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with part 800 of this chapter, each permittee shall bond the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective bonding responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the regulatory authority that all responsibilities under this chapter for the facility or structure will be met.


</P>
</DIV8>

</DIV5>


<DIV5 N="779" NODE="30:3.0.1.7.38" TYPE="PART">
<HEAD>PART 779—SURFACE MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.;</I> sec. 115 of Pub. L. 98-146, (30 U.S.C. 1257), and 16 U.S.C. 470 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15354, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54948, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 779 made effective on Jan. 19, 2017, at 81 FR 93327, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 779.1" NODE="30:3.0.1.7.38.0.1.1" TYPE="SECTION">
<HEAD>§ 779.1   Scope.</HEAD>
<P>This part establishes the minimum requirements for the Secretary's approval of regulatory program provisions for the environmental resources contents of applications for surface mining activities.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 779.2" NODE="30:3.0.1.7.38.0.1.2" TYPE="SECTION">
<HEAD>§ 779.2   Objectives.</HEAD>
<P>The objectives of this part are to ensure that each application provides to the regulatory authority a complete and accurate description of the environmental resources that may be impacted or affected by proposed surface mining activities.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 779.4" NODE="30:3.0.1.7.38.0.1.3" TYPE="SECTION">
<HEAD>§ 779.4   Responsibilities.</HEAD>
<P>(a) It is the responsibility of the applicant to provide, except where specifically exempted in this part, all information required by this part in the application.
</P>
<P>(b) It is the responsibility of State and Federal government agencies to provide information for applications as specifically required by this part.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 779.10" NODE="30:3.0.1.7.38.0.1.4" TYPE="SECTION">
<HEAD>§ 779.10   Information collection.</HEAD>
<P>The information collection requirements contained in 30 CFR 779.11, 779.12, 779.13, 779.14, 779.15, 779.16, 779.17, 779.18, 779.19, 779.21, 779.22, 779.24, 779.25 and 779.27 have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0035. The information is being collected to meet the requirements of sections 507 and 508 of Pub. L. 95-87, which require the applicant to present an adequate description of the existing pre-mining environmental resources within and around the proposed mine plan area. This information will be used by the regulatory authority to determine whether the applicant can comply with the performance standards of the regulations for surface coal mining and whether reclamation of these areas is feasible. The obligation to respond is mandatory.

[47 FR 33686, Aug. 4, 1982, as amended at 52 FR 47359, Dec. 11, 1987; 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</P>
</DIV8>


<DIV8 N="§ 779.11" NODE="30:3.0.1.7.38.0.1.5" TYPE="SECTION">
<HEAD>§ 779.11   General requirements.</HEAD>
<P>Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and adjacent areas that may be affected or impacted by the proposed surface mining activities.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 779.12" NODE="30:3.0.1.7.38.0.1.6" TYPE="SECTION">
<HEAD>§ 779.12   General environmental resources information.</HEAD>
<P>Each application shall describe and identify—
</P>
<P>(a) The lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; and
</P>
<P>(b)(1) The nature of cultural, historic and archeological resources listed or eligible for listing on the National Register of Historic Places and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the State Historic Preservation Officer and from local archeological, historical, and cultural preservation agencies.
</P>
<P>(2) The regulatory authority may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the National Register of Historic Places, through
</P>
<P>(i) Collection of additional information,
</P>
<P>(ii) Conduct of field investigations, or
</P>
<P>(iii) Other appropriate analyses.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983; 52 FR 4262, Feb. 10, 1987; 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 779.18" NODE="30:3.0.1.7.38.0.1.7" TYPE="SECTION">
<HEAD>§ 779.18   Climatological information.</HEAD>
<P>(a) When requested by the regulatory authority, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including:
</P>
<P>(1) The average seasonal precipitation;
</P>
<P>(2) The average direction and velocity of prevailing winds; and
</P>
<P>(3) Seasonal temperature ranges.
</P>
<P>(b) The regulatory authority may request such additional data as deemed necessary to ensure compliance with the requirements of this subchapter.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 779.19" NODE="30:3.0.1.7.38.0.1.8" TYPE="SECTION">
<HEAD>§ 779.19   Vegetation information.</HEAD>
<P>(a) The permit application shall, if required by the regulatory authority, contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.
</P>
<P>(b) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under 30 CFR 780.16.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 52 FR 47359, Dec. 11, 1987; 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 779.20" NODE="30:3.0.1.7.38.0.1.9" TYPE="SECTION">
<HEAD>§ 779.20   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 779.21" NODE="30:3.0.1.7.38.0.1.10" TYPE="SECTION">
<HEAD>§ 779.21   Soil resources information.</HEAD>
<P>(a) The applicant shall provide adequate soil survey information of the permit area consisting of the following:
</P>
<P>(1) A map delineating different soils;
</P>
<P>(2) Soil identification;
</P>
<P>(3) Soil description; and
</P>
<P>(4) Present and potential productivity of existing soils.
</P>
<P>(b) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 30 CFR 816.22.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For a document temporarily suspending § 779.21 in part, see 45 FR 51548, Aug. 4, 1980.</PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 779.24" NODE="30:3.0.1.7.38.0.1.11" TYPE="SECTION">
<HEAD>§ 779.24   Maps: General requirements.</HEAD>
<P>The permit application shall include maps showing—
</P>
<P>(a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area;
</P>
<P>(b) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin surface mining activities;
</P>
<P>(c) The boundaries of all areas proposed to be affected over the estimated total life of the proposed surface mining activities, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;
</P>
<P>(d) The location of all buildings on and within 1,000 feet of the proposed permit area, with identification of the current use of the buildings;
</P>
<P>(e) The location of surface and sub-surface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to major electric transmission lines, pipelines, and agricultural drainage tile fields;
</P>
<P>(f) The location and boundaries of any proposed reference areas for determining the success of revegetation;
</P>
<P>(g) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the regulatory authority, and those surface waters which will receive discharges from affected areas in the proposed permit area;
</P>
<P>(h) Each public road located in or within 100 feet of the proposed permit area;
</P>
<P>(i) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places and known archeological sites within the permit and adjacent areas.
</P>
<P>(j) Each cemetery that is located in or within 100 feet of the proposed permit area.
</P>
<P>(k) Any land within the proposed permit area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act; and
</P>
<P>(l) Other relevant information required by the regulatory authority.
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979; 44 FR 49685, Aug. 24, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 48 FR 14822, Apr. 5, 1983; 52 FR 4262, Feb. 10, 1987; 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 779.25" NODE="30:3.0.1.7.38.0.1.12" TYPE="SECTION">
<HEAD>§ 779.25   Cross sections, maps, and plans.</HEAD>
<P>(a) The application shall include cross sections, maps, and plans showing—
</P>
<P>(1) Elevations and locations of test borings and core samplings;
</P>
<P>(2) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;
</P>
<P>(3) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;
</P>
<P>(4) All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;
</P>
<P>(5) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas;
</P>
<P>(6) Location and extent of sub-surface water, if encountered, within the proposed permit or adjacent areas;
</P>
<P>(7) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;
</P>
<P>(8) Location and extent of existing or previously surface-mined areas within the proposed permit area;
</P>
<P>(9) Location and dimensions of existing areas of spoil, waste, and non-coal waste disposal, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;
</P>
<P>(10) Location, and depth if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent area;
</P>
<P>(b) Cross sections, maps and plans included in a permit application as required by this section shall be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, a professional geologist, or in any State which authorizes land surveyors to prepare and certify such cross sections, maps and plans, a qualified, registered, professional, land surveyor, with assistance from experts in related fields such as landscape architecture, and shall be updated as required by the regulatory authority. 
</P>
<CITA TYPE="N">[44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 50 FR 16198, Apr. 24, 1985; 59 FR 27937, May 27, 1994; 81 FR 93327, Dec. 20, 2016; 82 FR 54948, Nov. 17, 2017]






</CITA>
</DIV8>

</DIV5>


<DIV5 N="780" NODE="30:3.0.1.7.39" TYPE="PART">
<HEAD>PART 780—SURFACE MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENT FOR RECLAMATION AND OPERATION PLAN 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and 16 U.S.C. 470 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15357, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54949, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 780 made effective on Jan. 19, 2017, at 81 FR 93330, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 780.1" NODE="30:3.0.1.7.39.0.1.1" TYPE="SECTION">
<HEAD>§ 780.1   Scope.</HEAD>
<P>This part provides the minimum requirements for the Secretary's approval of regulatory program provisions for the mining operations and reclamation plan portions of applications for permits for surface mining activities, except to the extent that different requirements for those plans are established under 30 CFR part 785.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.2" NODE="30:3.0.1.7.39.0.1.2" TYPE="SECTION">
<HEAD>§ 780.2   Objectives.</HEAD>
<P>The objectives of this part are to insure that the regulatory authority is provided with comprehensive and reliable information on proposed surface mining activities, and to ensure that those activities are allowed to be conducted only in compliance with the Act, this chapter, and the regulatory program.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.4" NODE="30:3.0.1.7.39.0.1.3" TYPE="SECTION">
<HEAD>§ 780.4   Responsibilities.</HEAD>
<P>(a) It is the responsibility of the applicant to provide to the regulatory authority all of the information required by this part, except where specifically exempted in this part.
</P>
<P>(b) It is the responsibility of State and Federal governmental agencies to provide information to the regulatory authority where specifically required in this part.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.10" NODE="30:3.0.1.7.39.0.1.4" TYPE="SECTION">
<HEAD>§ 780.10   Information collection.</HEAD>
<P>(a) The collections of information contained in part 780 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0036. The information will be used by the regulatory authority to determine whether the applicant can comply with the applicable performance and environmental standards in Public Law 95-87. Response is required to obtain a benefit.
</P>
<P>(b) Public Reporting burden for this information is estimated to average 28 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203, Washington, DC 20240; and the Office of Management and Budget, Paperwork Reduction Project 1029-0036, Washington, DC 20503.
</P>
<CITA TYPE="N">[79 FR 76228, Dec. 22, 2014, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.11" NODE="30:3.0.1.7.39.0.1.5" TYPE="SECTION">
<HEAD>§ 780.11   Operation plan: General requirements.</HEAD>
<P>Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:
</P>
<P>(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and
</P>
<P>(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in § 816.133):
</P>
<P>(1) Dams, embankments, and other impoundments;
</P>
<P>(2) Overburden and topsoil handling and storage areas and structures;
</P>
<P>(3) Coal removal, handling, storage, cleaning, and transportation areas and structures;
</P>
<P>(4) Spoil, coal processing waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;
</P>
<P>(5) Mine facilities; and
</P>
<P>(6) Water and air pollution control facilities.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.12" NODE="30:3.0.1.7.39.0.1.6" TYPE="SECTION">
<HEAD>§ 780.12   Operation plan: Existing structures.</HEAD>
<P>(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include—
</P>
<P>(1) Location;
</P>
<P>(2) Plans of the structure which describe its current condition;
</P>
<P>(3) Approximate dates on which construction of the existing structure was begun and completed; and
</P>
<P>(4) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of subchapter K (Permanent Program Standards) of this chapter or, if the structure does not meet the performance standards of subchapter K of this chapter, a showing whether the structure meets the performance standards of subchapter B (Interim Program Standards) of this chapter.
</P>
<P>(b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include—
</P>
<P>(1) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of subchapter K of this chapter;
</P>
<P>(2) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;
</P>
<P>(3) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of subchapter K of this chapter are met; and
</P>
<P>(4) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.13" NODE="30:3.0.1.7.39.0.1.7" TYPE="SECTION">
<HEAD>§ 780.13   Operation plan: Blasting.</HEAD>
<P>(a) <I>Blasting plan.</I> Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of §§ 816.61 through 816.68 of this chapter. This plan shall include, at a minimum, information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations.
</P>
<P>(b) <I>Monitoring system.</I> Each application shall contain a description of any system to be used to monitor compliance with the standards of § 816.67 including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring.
</P>
<P>(c) <I>Blasting near underground mines.</I> Blasting operations within 500 feet of active underground mines require approval of the State and Federal regulatory authorities concerned with the health and safety of underground miners.
</P>
<CITA TYPE="N">[48 FR 9806, Mar. 8, 1983, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.14" NODE="30:3.0.1.7.39.0.1.8" TYPE="SECTION">
<HEAD>§ 780.14   Operation plan: Maps and plans.</HEAD>
<P>Each application shall contain maps and plans as follows:
</P>
<P>(a) The maps and plans shall show the lands proposed to be affected throughout the operation and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 30 CFR 779.24 through 779.25.
</P>
<P>(b) The following shall be shown for the proposed permit area:
</P>
<P>(1) Buildings, utility corridors and facilities to be used;
</P>
<P>(2) The area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation;
</P>
<P>(3) Each area of land for which a performance bond or other equivalent guarantee will be posted under subchapter J of this chapter;
</P>
<P>(4) Each coal storage, cleaning and loading area;
</P>
<P>(5) Each topsoil, spoil, coal waste, and non-coal waste storage area;
</P>
<P>(6) Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;
</P>
<P>(7) Each air pollution collection and control facility;
</P>
<P>(8) Each source of waste and each waste disposal facility relating to coal processing or pollution control;
</P>
<P>(9) Each facility to be used to protect and enhance fish and wildlife and related environmental values;
</P>
<P>(10) Each explosive storage and handling facility; and
</P>
<P>(11) Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with 30 CFR 780.25, and fill area for the disposal of excess spoil in accordance 30 CFR 780.35.
</P>
<P>(c) Except as provided in §§ 780.25(a)(2), 780.25(a)(3), 780.35(a), 816.71(b), 816.73(c), 816.74(c) and 816.81(c) of this chapter, cross sections, maps and plans required under paragraphs (b)(4), (5), (6), (10) and (11) of this section shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, a professional geologist, or in any State which authorizes land surveyors to prepare and certify such cross sections, maps and plans, a qualified, registered, professional, land surveyor, with assistance from experts in related fields such as landscape architecture.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979; 44 FR 49685, Aug. 24, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 48 FR 14822, Apr. 5, 1983; 50 FR 16199, Apr. 24, 1985; 56 FR 65635, Dec. 17, 1991; 73 FR 75875, Dec. 12, 2008; 79 FR 76228, Dec. 22, 2014; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.15" NODE="30:3.0.1.7.39.0.1.9" TYPE="SECTION">
<HEAD>§ 780.15   Air pollution control plan.</HEAD>
<P>(a) For all surface mining activities with projected production rates exceeding 1,000,000 tons of coal per year and located west of the 100th meridian west longitude, the application shall contain an air pollution control plan which includes the following:
</P>
<P>(1) An air quality monitoring program to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices proposed under paragraph (a)(2) of this section to comply with Federal and State air quality standards; and
</P>
<P>(2) A plan for fugitive dust control practices as required under 30 CFR 816.95.
</P>
<P>(b) For all other surface mining activities the application shall contain an air pollution control plan which includes the following:
</P>
<P>(1) An air quality monitoring program, if required by the regulatory authority, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (b)(2) of this section to comply with applicable Federal and State air quality standards; and
</P>
<P>(2) A plan for fugitive dust control practices, as required under 30 CFR 816.95.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.16" NODE="30:3.0.1.7.39.0.1.10" TYPE="SECTION">
<HEAD>§ 780.16   Fish and wildlife information.</HEAD>
<P>(a) <I>Resource information.</I> Each application shall include fish and wildlife resource information for the permit area and adjacent area.
</P>
<P>(1) The scope and level of detail for such information shall be determined by the regulatory authority in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (b) of this section.
</P>
<P>(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:
</P>
<P>(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 <I>et seq.</I>), or those species or habitats protected by similar State statutes;
</P>
<P>(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or
</P>
<P>(iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.
</P>
<P>(b) <I>Protection and enhancement plan.</I> Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall—
</P>
<P>(1) Be consistent with the requirements of § 816.97 of this chapter;
</P>
<P>(2) Apply, at a minimum, to species and habitats identified under paragraph (a) of this section; and
</P>
<P>(3) Include—
</P>
<P>(i) Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and
</P>
<P>(ii) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.
</P>
<P>(c) <I>Fish and Wildlife Service review.</I> Upon request, the regulatory authority shall provide the resource information required under paragraph (a) of this section and the protection and enhancement plan required under paragraph (b) of this section to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.
</P>
<CITA TYPE="N">[52 FR 47359, Dec. 11, 1987, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.18" NODE="30:3.0.1.7.39.0.1.11" TYPE="SECTION">
<HEAD>§ 780.18   Reclamation plan: General requirements.</HEAD>
<P>(a) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with section 515 of the Act, subchapter K of this chapter, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under 30 CFR 780.18 through 780.37.
</P>
<P>(b) Each plan shall contain the following information for the proposed permit area—
</P>
<P>(1) A detailed timetable for the completion of each major step in the reclamation plan;
</P>
<P>(2) A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under subchapter J of this chapter, with supporting calculations for the estimates;
</P>
<P>(3) A plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with 30 CFR 816.102 through 816.107;
</P>
<P>(4) A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of § 816.22 of this chapter. A demonstration of the suitability of topsoil substitutes or supplements under § 816.22(b) of this chapter shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, and areal extent of the different kinds of soils. The regulatory authority may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements.
</P>
<P>(5) A plan for revegetation as required in 30 CFR 816.111 through 816.116, including, but not limited to, descriptions of the—
</P>
<P>(i) Schedule of revegetation;
</P>
<P>(ii) Species and amounts per acre of seeds and seedlings to be used;
</P>
<P>(iii) Methods to be used in planting and seeding;
</P>
<P>(iv) Mulching techniques;
</P>
<P>(v) Irrigation, if appropriate, and pest and disease control measures, if any; and
</P>
<P>(vi) Measures proposed to be used to determine the success of revegetation as required in 30 CFR 816.116.
</P>
<P>(vii) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation.
</P>
<P>(6) A description of the measures to be used to maximize the use and conservation of the coal resource as required in 30 CFR 816.59;
</P>
<P>(7) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 30 CFR 816.89 and 816.102 and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;
</P>
<P>(8) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with 30 CFR 816.13 through 816.15; and
</P>
<P>(9) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 <I>et seq.</I>), the Clean Water Act (33 U.S.C. 1251 <I>et seq.</I>), and other applicable air and water quality laws and regulations and health and safety standards.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 48 FR 22100, May 16, 1983; 48 FR 44779, Sept. 30, 1983; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.21" NODE="30:3.0.1.7.39.0.1.12" TYPE="SECTION">
<HEAD>§ 780.21   Hydrologic information.</HEAD>
<P>(a) <I>Sampling and analysis methodology.</I> All water-quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the 15th edition of “Standard Methods for the Examination of Water and Wastewater,” which is incorporated by reference, or the methodology in 40 CFR parts 136 and 434. Water quality sampling performed to meet the requirements of this section shall be conducted according to either methodology listed above when feasible. “Standard Methods for the Examination of Water and Wastewater,” is a joint publication of the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation and is available from the American Public Health Association, 1015 15th Street NW., Washington, DC 20036. This document is also available for inspection at the Office of the OSM Administrative Record, U.S. Department of the Interior, Room 5315, 1100 L Street NW., Washington, DC; at the OSM Eastern Technical Service Center, U.S. Department of the Interior, Building 10, Parkway Center, Pittsburgh, Pa.; at the OSM Western Technical Service Center, U.S. Department of the Interior, Brooks Tower, 1020 15th Street, Denver, Colo or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> This incorporation by reference was approved by the Director of the Federal Register on October 26, 1983. This document is incorporated as it exists on the date of the approval, and a notice of any change in it will be published in the <E T="04">Federal Register</E>.
</P>
<P>(b) <I>Baseline information.</I> The application shall include the following baseline hydrologic information, and any additional information required by the regulatory authority.
</P>
<P>(1) <I>Ground-water information.</I> The location and ownership for the permit and adjacent areas of existing wells, springs, and other ground-water resources, seasonal quality and quantity of ground water, and usage. Water quality descriptions shall include, at a minimum, total dissolved solids or specific conductance corrected to 25 °C, pH, total iron, and total manganese. Ground-water quantity descriptions shall include, at a minimum, approximate rates of discharge or usage and depth to the water in the coal seam, and each water-bearing stratum above and potentially impacted stratum below the coal seam.
</P>
<P>(2) <I>Surface-water information.</I> The name, location, ownership, and description of all surface-water bodies such as streams, lakes, and impoundments, the location of any discharge into any surface-water body in the proposed permit and adjacent areas, and information on surface-water quality and quantity sufficient to demonstrate seasonal variation and water usage. Water quality descriptions shall include, at a minimum, baseline information on total suspended solids, total dissolved solids or specific conductance corrected to 25 °C, pH, total iron, and total manganese. Baseline acidity and alkalinity information shall be provided if there is a potential for acid drainage from the proposed mining operation. Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates.
</P>
<P>(3) <I>Supplemental information.</I> If the determination of the probable hydrologic consequences (PHC) required by paragraph (f) of this section indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (b) (1) and (2) of this section shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.
</P>
<P>(c) <I>Baseline cumulative impact area information.</I> (1) Hydrologic and geologic information for the cumulative impact area necessary to assess the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining on surface- and ground-water systems as required by paragraph (g) of this section shall be provided to the regulatory authority if available from appropriate Federal or State agencies.
</P>
<P>(2) If the information is not available from such agencies, then the applicant may gather and submit this information to the regulatory authority as part of the permit application.
</P>
<P>(3) The permit shall not be approved until the necessary hydrologic and geologic information is available to the regulatory authority.
</P>
<P>(d) <I>Modeling.</I> The use of modeling techniques, interpolation or statistical techniques may be included as part of the permit application, but actual surface- and ground-water information may be required by the regulatory authority for each site even when such techniques are used.
</P>
<P>(e) <I>Alternative water source information.</I> If the PHC determination required by paragraph (f) of this section indicates that the proposed mining operation may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial or other legitimate purpose, then the application shall contain information on water availability and alternative water sources, including the suitability of alternative water sources for existing permining uses and approved postmining land uses.
</P>
<P>(f) <I>Probable hydrologic consequences determination.</I> (1) The application shall contain a determination of the probable hydrologic consequences (PHC) of the proposed operation upon the quality and quantity of surface and ground water under seasonal flow conditions for the proposed permit and adjacent areas.
</P>
<P>(2) The PHC determination shall be based on baseline hydrologic, geologic and other information collected for the permit application and may include data statistically representative of the site.
</P>
<P>(3) The PHC determination shall include findings on:
</P>
<P>(i) Whether adverse impacts may occur to the hydrologic balance;
</P>
<P>(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface or ground water supplies;
</P>
<P>(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial or other legitimate purpose; and
</P>
<P>(iv) What impact the proposed operation will have on:
</P>
<P>(A) Sediment yields from the disturbed area; (B) acidity, total suspended and dissolved solids, and other important water quality parameters of local impact; (C) flooding or streamflow alteration; (D) ground water and surface water availability; and (E) other characteristics as required by the regulatory authority.
</P>
<P>(4) An application for a permit revision shall be reviewed by the regulatory authority to determine whether a new or updated PHC determination shall be required.
</P>
<P>(g) <I>Cumulative hydrologic impact assessment.</I> (1) The regulatory authority shall provide an assessment of the probable cumulative hydrologic impacts (CHIA) of the proposed operation and all anticipated mining upon surface- and ground-water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The regulatory authority may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.
</P>
<P>(2) An application for a permit revision shall be reviewed by the regulatory authority to determine whether a new or updated CHIA shall be required.
</P>
<P>(h) <I>Hydrologic reclamation plan.</I> The application shall include a plan, with maps and descriptions, indicating how the relevant requirements of part 816, including §§ 816.41 to 816.43, will be met. The plan shall be specific to the local hydrologic conditions. It shall contain the steps to be taken during mining and reclamation through bond release to minimize disturbances to the hydrologic balance within the permit and adjacent areas; to prevent material damage outside the permit area; to meet applicable Federal and State water quality laws and regulations; and to protect the rights of present water users. The plan shall include the measures to be taken to: Avoid acid or toxic drainage; prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow; provide water-treatment facilities when needed; control drainage; restore approximate premining recharge capacity and protect or replace rights of present water users. The plan shall specifically address and potential adverse hydrologic consequences identified in the PHC determination prepared under paragraph (f) of this section and shall include preventive and remedial measures.
</P>
<P>(i) <I>Ground-water monitoring plan.</I> (1) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (f) of this section and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (h) of this section. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25 °C, pH, total iron, total manganese, and water levels shall be monitored and data submitted to the regulatory authority at least every 3 months for each monitoring location. The regulatory authority may require additional monitoring.
</P>
<P>(2) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area, then monitoring of that stratum may be waived by the regulatory authority.
</P>
<P>(j) <I>Surface-water monitoring plan.</I> (1) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (f) of this section and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmined land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (h) of this section as well as the effluent limitations found at 40 CFR part 434.
</P>
<P>(2) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.
</P>
<P>(i) At all monitoring locations in the surface-water bodies such as streams, lakes, and impoundments, that are potentially impacted or into which water will be discharged and at upstream monitoring locations the total dissolved solids or specific conductance corrected to 25 °C, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.
</P>
<P>(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR parts 122, 123 and 434 and as required by the National Pollutant Discharge Elimination System permitting authority.
</P>
<P>(3) The monitoring reports shall be submitted to the regulatory authority every 3 months. The regulatory authority may require additional monitoring.
</P>
<CITA TYPE="N">[48 FR 43985, Sept. 26, 1983, as amended at 53 FR 36400, Sept. 19, 1988; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.22" NODE="30:3.0.1.7.39.0.1.13" TYPE="SECTION">
<HEAD>§ 780.22   Geologic information.</HEAD>
<P>(a) <I>General.</I> Each application shall include geologic information in sufficient detail to assist in determining—
</P>
<P>(1) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary;
</P>
<P>(2) All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and
</P>
<P>(3) Whether reclamation as required by this chapter can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.
</P>
<P>(b) Geologic information shall include, at a minimum the following:
</P>
<P>(1) A description of the geology of the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The description shall include the areal and structural geology of the permit and adjacent areas, and other parameters which influence the required reclamation and the occurrence, availability, movement, quantity, and quality of potentially impacted surface and ground waters. It shall be based on—
</P>
<P>(i) The cross sections, maps and plans required by § 779.25 of this chapter;
</P>
<P>(ii) The information obtained under paragraphs (b)(2) and (c) of this section; and
</P>
<P>(iii) Geologic literature and practices.
</P>
<P>(2) Analyses of samples collected from test borings; drill cores; or fresh, unweathered, uncontaminated samples from rock outcrops from the permit area, down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:
</P>
<P>(i) Logs showing the lithologic characteristics including physical properties and thickness of each stratum and location of ground water where occurring;
</P>
<P>(ii) Chemical analyses identifying those strata that may contain acid- or toxic-forming or alkalinity-producing materials and to determine their content except that the regulatory authority may find that the analysis for alkalinity-producing materials is unnecessary; and
</P>
<P>(iii) Chemical analyses of the coal seam for acid- or toxic-forming materials, including the total sulfur and pyritic sulfur, except that the regulatory authority may find that the analysis of pyritic sulfur content is unnecessary.
</P>
<P>(c) If determined to be necessary to protect the hydrologic balance or to meet the performance standards of this chapter, the regulatory authority may require the collection, analysis, and description of geologic information in addition to that required by paragraph (b) of this section.
</P>
<P>(d) An applicant may request the regulatory authority to waive in whole or in part the requirements of paragraph (b)(2) of this section. The waiver may be granted only if the regulatory authority finds in writing that the collection and analysis of such data is unnecessary because other equivalent information is available to the regulatory authority in a satisfactory form.
</P>
<CITA TYPE="N">[48 FR 43987, Sept. 26, 1983, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.23" NODE="30:3.0.1.7.39.0.1.14" TYPE="SECTION">
<HEAD>§ 780.23   Reclamation plan: Land use information.</HEAD>
<P>(a) The plan shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:
</P>
<P>(1) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described. In the case of previously mined land, the use of the land prior to any mining shall also be described to the extent such information is available.
</P>
<P>(2) A narrative of land capability and productivity, which analyzes the land-use description under paragraph (a) of this section in conjunction with other environmental resources information. The narrative shall provide analyses of:
</P>
<P>(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the proposed permit area; and
</P>
<P>(ii) The productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, State agricultural universities, or appropriate State natural resource or agricultural agencies.
</P>
<P>(b) Each plan shall contain a detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use of existing land use policies and plans. This description shall explain:
</P>
<P>(1) How the proposed post mining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and
</P>
<P>(2) Where a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under 30 CFR 816.133.
</P>
<P>(3) The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable State and local land use plans and programs.
</P>
<P>(c) The description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the State and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.
</P>
<CITA TYPE="N">[59 FR 27937, May 27, 1994, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.25" NODE="30:3.0.1.7.39.0.1.15" TYPE="SECTION">
<HEAD>§ 780.25   Reclamation plan: Siltation structures, impoundments, banks, dams, and embankments.</HEAD>
<P>(a) <I>General.</I> Each application shall include a general plan and a detailed design plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.
</P>
<P>(1) Each general plan shall—(i) Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, a professional geologist, or in any State which authorizes land surveyors to prepare and certify such plans, a qualified, registered, professional, land surveyor, with assistance from experts in related fields such as landscape architecture;
</P>
<P>(ii) Contain a description, map, and cross section of the structure and its location;
</P>
<P>(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;
</P>
<P>(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and
</P>
<P>(v) Contain a certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the regulatory authority. The regulatory authority shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.
</P>
<P>(2) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), “Earth Dams and Reservoirs,” Technical Release No. 60 (TR-60) shall comply with the requirements of this section for structures that meet or exceed the size of other criteria of the Mine Safety and Health Administration (MSHA). The technical release is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. TR-60 may be viewed and downloaded from OSM's Web site at <I>http://www.osmre.gov/programs/TDT/damsafety.shtm.</I> It also is available for inspection at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 252, 1951 Constitution Ave. NW., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, § 77.216(a) of this chapter shall:
</P>
<P>(i) Be prepared by, or under the direction of, and certified by a qualified registered professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;
</P>
<P>(ii) Include any geotechnical investigation, design, and construction requirements for the structure;
</P>
<P>(iii) Describe the operation and maintenance requirements for each structure; and
</P>
<P>(iv) Describe the timetable and plans to remove each structure, if appropriate.
</P>
<P>(3) Each detailed design plan for structures not included in paragraph (a)(2) of this section shall:
</P>
<P>(i) Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, or in any State which authorizes land surveyors to prepare and certify such plans, a qualified, registered, professional land surveyor, except that all coal processing waste dams and embankments covered by §§ 816.81-816.84 of this chapter shall be certified by a qualified, registered, professional engineer;
</P>
<P>(ii) Include any design and construction requirements for the structure, including any required geotechnical information;
</P>
<P>(iii) Describe the operation and maintenance requirements for each structure; and
</P>
<P>(iv) Describe the timetable and plans to remove each structure, if appropriate.
</P>
<P>(b) <I>Siltation structures.</I> Siltation structures shall be designed in compliance with the requirements of § 816.46 of this chapter.
</P>
<P>(c) <I>Permanent and temporary impoundments.</I> (1) Permanent and temporary impoundments shall be designed to comply with the requirements of § 816.49 of this chapter.
</P>
<P>(2) Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of §§ 77.216-1 and 77.216-2 of this title. The plan required to be submitted to the District Manager of MSHA under § 77.216 of this title shall be submitted to the regulatory authority as part of the permit application in accordance with paragraph (a) of this section.
</P>
<P>(3) For impoundments not included in paragraph (a)(2) of this section, the regulatory authority may establish through the State program approval process, engineering design standards that ensure stability comparable to a 1.3 minimum static safety factor in lieu of engineering tests to establish compliance with the minimum static safety factor of 1.3 specified in § 816.49(a)(4)(ii) of this chapter.
</P>
<P>(d) <I>Coal processing waste banks.</I> Coal processing waste banks shall be designed to comply with the requirements of 30 CFR 816.81-816.84.
</P>
<P>(e) <I>Coal processing waste dams and embankments.</I> Coal processing waste dams and embankments shall be designed to comply with the requirements of 30 CFR 816.81-816.84. Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:
</P>
<P>(1) The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions.
</P>
<P>(2) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered.
</P>
<P>(3) All springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan.
</P>
<P>(4) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.
</P>
<P>(f) If the structure meets the Class B or C criteria for dams in TR-60 or meets the size or other criteria of § 77.216(a) of this chapter, each plan under paragraphs (b), (c), and (e) of this section shall include a stability analysis of the structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30, 1983; 50 FR 16199, Apr. 24, 1985; 53 FR 43605, Oct. 27, 1988; 59 FR 53028, Oct. 20, 1994; 73 FR 75876, Dec. 12, 2008; 79 FR 76228, Dec. 22, 2014; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.27" NODE="30:3.0.1.7.39.0.1.16" TYPE="SECTION">
<HEAD>§ 780.27   Reclamation plan: Surface mining near underground mining.</HEAD>
<P>For surface mining activities within the proposed permit area to be conducted within 500 feet of an underground mine, the application shall describe the measures to be used to comply with 30 CFR 816.79.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.28" NODE="30:3.0.1.7.39.0.1.17" TYPE="SECTION">
<HEAD>§ 780.28   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 780.29" NODE="30:3.0.1.7.39.0.1.18" TYPE="SECTION">
<HEAD>§ 780.29   Diversions.</HEAD>
<P>Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 30 CFR 816.43 of this chapter.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 48 FR 43987, Sept. 26, 1983; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.31" NODE="30:3.0.1.7.39.0.1.19" TYPE="SECTION">
<HEAD>§ 780.31   Protection of publicly owned parks and historic places.</HEAD>
<P>(a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used—
</P>
<P>(1) To prevent adverse impacts, or
</P>
<P>(2) If a person has valid existing rights, as determined under § 761.16 of this chapter, or if joint agency approval is to be obtained under § 761.17(d) of this chapter, to minimize adverse impacts.
</P>
<P>(b) The regulatory authority may require the applicant to protect historic or archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.
</P>
<CITA TYPE="N">[52 FR 4262, Feb. 10, 1987; 64 FR 70838, Dec. 17, 1999; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.33" NODE="30:3.0.1.7.39.0.1.20" TYPE="SECTION">
<HEAD>§ 780.33   Relocation or use of public roads.</HEAD>
<P>Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under § 761.14 of this chapter, the applicant seeks to have the regulatory authority approve—
</P>
<P>(a) Conducting the proposed surface mining activities within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or
</P>
<P>(b) Relocating a public road.
</P>
<CITA TYPE="N">[44 FR 15357, Mar. 13, 1979, as amended at 64 FR 70838, Dec. 17, 1999; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.35" NODE="30:3.0.1.7.39.0.1.21" TYPE="SECTION">
<HEAD>§ 780.35   Disposal of excess spoil.</HEAD>
<P>(a) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to 30 CFR 816.71-816.74. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.
</P>
<P>(b) Except for the disposal of excess spoil on pre existing benches, each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:
</P>
<P>(1) The character of bedrock and any adverse geologic conditions in the disposal area,
</P>
<P>(2) A survey identifying all springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the disposal site;
</P>
<P>(3) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;
</P>
<P>(4) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and
</P>
<P>(5) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.
</P>
<P>(c) If, under 30 CFR 816.71(d), rock-toe buttresses or key-way cuts are required, the application shall include the following:
</P>
<P>(1) The number, location, and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions; and
</P>
<P>(2) Engineering specifications utilized to design the rock-toe buttress or key-way cuts which shall be determined in accordance with paragraph (b)(5) of this section.
</P>
<CITA TYPE="N">[79 FR 76229, Dec. 22, 2014, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.37" NODE="30:3.0.1.7.39.0.1.22" TYPE="SECTION">
<HEAD>§ 780.37   Road systems.</HEAD>
<P>(a) <I>Plans and drawings.</I> Each applicant for a surface coal mining and reclamation permit shall submit plans and drawings for each road, as defined in § 701.5 of this chapter, to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall—
</P>
<P>(1) Include a map, appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;
</P>
<P>(2) Contain the drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the regulatory authority in accordance with § 816.150(d)(1) of this chapter;
</P>
<P>(3) Contain the drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the regulatory authority in accordance with § 816.151(c)(2) of this chapter;
</P>
<P>(4) Contain a description of measures to be taken to obtain approval of the regulatory authority for alteration or relocation of a natural stream channel under § 816.151(d)(5) of this chapter;
</P>
<P>(5) Contain the drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the regulatory authority can maximize the protection of the stream in accordance with § 816.151(d)(6) of this chapter; and
</P>
<P>(6) Describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.
</P>
<P>(b) <I>Primary road certification.</I> The plans and drawings for each primary road shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, or in any State which authorizes land surveyors to certify the design of primary roads a qualified registered professional land surveyor, with experience in the design and construction of roads, as meeting the requirements of this chapter; current, prudent engineering practices; and any design criteria established by the regulatory authority.
</P>
<P>(c) <I>Standard design plans.</I> The regulatory authority may establish engineering design standards for primary roads through the State program approval process, in lieu of engineering tests, to establish compliance with the minimum static safety factor of 1.3 for all embankments specified in § 816.151(b) of this chapter.
</P>
<CITA TYPE="N">[53 FR 45211, Nov. 8, 1988, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 780.38" NODE="30:3.0.1.7.39.0.1.23" TYPE="SECTION">
<HEAD>§ 780.38   Support facilities.</HEAD>
<P>Each applicant for a surface coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with § 816.181 of this chapter for each facility. 
</P>
<CITA TYPE="N">[53 FR 45211, Nov. 8, 1988, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]




</CITA>
</DIV8>

</DIV5>


<DIV5 N="783" NODE="30:3.0.1.7.40" TYPE="PART">
<HEAD>PART 783—UNDERGROUND MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.;</I> sec. 115 of Pub. L. 98-146, (30 U.S.C. 1257), and 16 U.S.C. 470 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15363, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54956, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 783 made effective on Jan. 19, 2017, at 81 FR 93330, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 783.1" NODE="30:3.0.1.7.40.0.1.1" TYPE="SECTION">
<HEAD>§ 783.1   Scope.</HEAD>
<P>This part establishes the minimum requirements for the Secretary's approval of regulatory program provisions for the environmental resources contents of applications for permits for underground mining activities.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 783.2" NODE="30:3.0.1.7.40.0.1.2" TYPE="SECTION">
<HEAD>§ 783.2   Objectives.</HEAD>
<P>The objectives of this part are to ensure that each application provides to the regulatory authority a complete and accurate description of the environmental resources that may be impacted or affected by proposed underground mining activities.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]

	
</CITA>
</DIV8>


<DIV8 N="§ 783.4" NODE="30:3.0.1.7.40.0.1.3" TYPE="SECTION">
<HEAD>§ 783.4   Responsibilities.</HEAD>
<P>(a) It is the responsibility of the applicant to provide, except where specifically exempted in this part, all information required by this part in the application.
</P>
<P>(b) It is the responsibility of State and Federal Government agencies to provide information for applications as specifically required by this part.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 783.10" NODE="30:3.0.1.7.40.0.1.4" TYPE="SECTION">
<HEAD>§ 783.10   Information collection.</HEAD>
<P>The information collection requirements contained in 30 CFR 783.11, 783.12, 783.13, 783.14, 783.15, 783.16, 783.17, 783.18, 783.19, 783.21, 783.22, 783.23, 783.24 and 783.25 have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0038. The information is being collected to meet the requirements of sections 507 and 508 of Pub. L. 95-87, which require the permit applicant to present an adequate description of the existing pre-mining environmental resources within and around the proposed mine plan area. This information will be used by the regulatory authority to determine whether the applicant can comply with the performance standards for underground mining. The obligation to respond is mandatory.
</P>
<CITA TYPE="N">[47 FR 33686, Aug. 4, 1982, as amended at 52 FR 47359, Dec. 11, 1987; 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 783.11" NODE="30:3.0.1.7.40.0.1.5" TYPE="SECTION">
<HEAD>§ 783.11   General requirements.</HEAD>
<P>Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and adjacent areas that may be affected or impacted by the proposed underground mining activities.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 783.12" NODE="30:3.0.1.7.40.0.1.6" TYPE="SECTION">
<HEAD>§ 783.12   General environmental resources information.</HEAD>
<P>Each application shall describe and identify—
</P>
<P>(a) The lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; and
</P>
<P>(b) The nature of cultural historic and archeological resources listed or eligible for listing on the National Register of Historic Places and known archeological sites within the proposed permit and adjacent areas.
</P>
<P>(1) The description shall be based on all available information, including, but not limited to, information from the State Historic Preservation Officer and local archeological, historical, and cultural preservation groups.
</P>
<P>(2) The regulatory authority may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the National Register of Historic Places, through the—
</P>
<P>(i) Collection of additional information,
</P>
<P>(ii) Conduct of field investigations, or
</P>
<P>(iii) Other appropriate analyses.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983; 52 FR 4262, Feb. 10, 1987; 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 783.18" NODE="30:3.0.1.7.40.0.1.7" TYPE="SECTION">
<HEAD>§ 783.18   Climatological information.</HEAD>
<P>(a) When requested by the regulatory authority, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including—
</P>
<P>(1) The average seasonal precipitation;
</P>
<P>(2) The average direction and velocity of prevailing winds; and
</P>
<P>(3) Seasonal temperature ranges.
</P>
<P>(b) The regulatory authority may request such additional data as deemed necessary to ensure compliance with the requirements of this subchapter.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 783.19" NODE="30:3.0.1.7.40.0.1.8" TYPE="SECTION">
<HEAD>§ 783.19   Vegetation information.</HEAD>
<P>(a) The permit application shall, if required by the regulatory authority, contain a map that delineates existing vegetative types and a description of the plant communities within the area affected by surface operations and facilities and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.
</P>
<P>(b) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under 30 CFR 784.21.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 52 FR 47359, Dec. 11, 1987; 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 783.20" NODE="30:3.0.1.7.40.0.1.9" TYPE="SECTION">
<HEAD>§ 783.20   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 783.21" NODE="30:3.0.1.7.40.0.1.10" TYPE="SECTION">
<HEAD>§ 783.21   Soil resources information.</HEAD>
<P>(a) The applicant shall provide adequate soil survey information on those portions of the permit area to be affected by surface operations or facilities consisting of the following:
</P>
<P>(1) A map delineating different soils;
</P>
<P>(2) Soil identification;
</P>
<P>(3) Soil description; and
</P>
<P>(4) Present and potential productivity of existing soils.
</P>
<P>(b) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials and tests required under 30 CFR 817.22.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For a document suspending § 783.21 in part, see 45 FR 51548, Aug. 4, 1980.</PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 783.24" NODE="30:3.0.1.7.40.0.1.11" TYPE="SECTION">
<HEAD>§ 783.24   Maps: General requirements.</HEAD>
<P>The permit application shall include maps showing:
</P>
<P>(a) All boundaries of lands and names of present owners of record of those lands, both surface and sub-surface, included in or contiguous to the permit area;
</P>
<P>(b) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin underground mining activities;
</P>
<P>(c) The boundaries of all areas proposed to be affected over the estimated total life of the underground mining activities, with a description of size, sequence and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;
</P>
<P>(d) The location of all buildings in and within 1000 feet of the proposed permit area, with identification of the current use of the buildings;
</P>
<P>(e) The location of surface and sub-surface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to, major electric transmission lines, pipelines, and agricultural drainage tile fields;
</P>
<P>(f) The location and boundaries of any proposed reference areas for determining the success of revegetation;
</P>
<P>(g) The locations of water supply intakes for current users of surface waters flowing into, out of, and within a hydrologic area defined by the regulatory authority, and those surface waters which will receive discharges from affected areas in the proposed permit area;
</P>
<P>(h) Each public road located in or within 100 feet of the proposed permit area;
</P>
<P>(i) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places and known archeological sites within the permit and adjacent areas.
</P>
<P>(j) Each cemetery that is located in or within 100 feet of the proposed permit area.
</P>
<P>(k) Any land within the proposed permit area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act; and
</P>
<P>(l) Other relevant information required by the regulatory authority.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979; 44 FR 49685, Aug. 24, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 48 FR 14822, Apr. 5, 1983; 52 FR 4263, Feb. 10, 1987; 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 783.25" NODE="30:3.0.1.7.40.0.1.12" TYPE="SECTION">
<HEAD>§ 783.25   Cross sections, maps, and plans.</HEAD>
<P>(a) The application shall include cross sections, maps, and plans showing—
</P>
<P>(1) Elevations and locations of test borings and core samplings;
</P>
<P>(2) Elevations and locations of monitoring stations used to gather data on water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application.
</P>
<P>(3) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;
</P>
<P>(4) All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;
</P>
<P>(5) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas;
</P>
<P>(6) Location and extent of sub-surface water, if encountered, within the proposed permit or adjacent areas, including, but not limited to areal and vertical distribution of aquifers, and portrayal of seasonal differences of head in different aquifers on cross-sections and contour maps;
</P>
<P>(7) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;
</P>
<P>(8) Location and extent of existing or previously surface-mined areas within the proposed permit area;
</P>
<P>(9) Location and dimensions of existing areas of spoil, waste, coal development waste, and non-coal waste disposal, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;
</P>
<P>(10) Location, and depth if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent areas;
</P>
<P>(b) Cross-sections, maps and plans included in a permit application as required by this section shall be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, a professional geologist, or in any State which authorizes land surveyors to prepare and certify such cross sections, maps and plans, a qualified, registered, professional, land surveyor, with assistance from experts in related fields such as landscape architecture, and shall be updated as required by the regulatory authority.
</P>
<CITA TYPE="N">[44 FR 15363, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 50 FR 16199, Apr. 24, 1985; 59 FR 27937, May 27, 1994; 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For a document suspending § 783.25(a)(3), (a)(8) and (a)(9) (previously § 783.25(c), (h), and (i)), see 45 FR 51548, Aug. 4, 1980.</PSPACE></EDNOTE>
</DIV8>

</DIV5>


<DIV5 N="784" NODE="30:3.0.1.7.41" TYPE="PART">
<HEAD>PART 784—UNDERGROUND MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> and 16 U.S.C. 470 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15366, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54958, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 784 made effective on Jan. 19, 2017, at 81 FR 93355, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 784.1" NODE="30:3.0.1.7.41.0.1.1" TYPE="SECTION">
<HEAD>§ 784.1   Scope.</HEAD>
<P>This part provides the minimum requirements for the Secretary's approval of regulatory program provisions for the mining operations and reclamation plans portions of applications for permits for underground mining activities, except to the extent that different requirements for those plans are established under 30 CFR part 785.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.2" NODE="30:3.0.1.7.41.0.1.2" TYPE="SECTION">
<HEAD>§ 784.2   Objectives.</HEAD>
<P>The objectives of this part are to ensure that the regulatory authority is provided with comprehensive and reliable information on proposed underground mining activities, and to ensure that those activities are allowed to be conducted only in compliance with the Act, this chapter, and the regulatory program.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 784.4" NODE="30:3.0.1.7.41.0.1.3" TYPE="SECTION">
<HEAD>§ 784.4   Responsibilities.</HEAD>
<P>(a) It is the responsibility of the applicant to provide to the regulatory authority all of the information required by this part, except where specifically exempted in this part.
</P>
<P>(b) It is the responsibility of State and Federal governmental agencies to provide information to the regulatory authority where specifically required in this part.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 784.10" NODE="30:3.0.1.7.41.0.1.4" TYPE="SECTION">
<HEAD>§ 784.10   Information collection.</HEAD>
<P>(a) The collections of information contained in part 784 have been approved by Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0039. The information will be used to meet the requirements of 30 U.S.C. 1211(b), 1251, 1257, 1258, 1266, and 1309a. The obligation to respond is required to obtain a benefit.
</P>
<P>(b) Public reporting burden for this information is estimated to average 513 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
</P>
<CITA TYPE="N">[79 FR 76229, Dec. 22, 2014, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 784.11" NODE="30:3.0.1.7.41.0.1.5" TYPE="SECTION">
<HEAD>§ 784.11   Operation plan: General requirements.</HEAD>
<P>Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:
</P>
<P>(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and
</P>
<P>(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facility is necessary for postmining land use as specified in § 817.133):
</P>
<P>(1) Dams, embankments, and other impoundments;
</P>
<P>(2) Overburden and topsoil handling and storage areas and structures;
</P>
<P>(3) Coal removal, handling, storage, cleaning, and transportation areas and structures;
</P>
<P>(4) Spoil, coal processing waste, mine development waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;
</P>
<P>(5) Mine facilities; and
</P>
<P>(6) Water pollution control facilities.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.12" NODE="30:3.0.1.7.41.0.1.6" TYPE="SECTION">
<HEAD>§ 784.12   Operation plan: Existing structures.</HEAD>
<P>(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include:
</P>
<P>(1) Location;
</P>
<P>(2) Plans of the structure which describe its current condition;
</P>
<P>(3) Approximate dates on which construction of the existing structure was begun and completed; and
</P>
<P>(4) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of subchapter K (Permanent Program Standards) of this chapter or, if the structure does not meet the performance standards of subchapter K of this chapter, a showing whether the structure meets the performance standards of subchapter B (Interim Program Standards) of this chapter.
</P>
<P>(b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include—
</P>
<P>(1) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of subchapter K of this chapter;
</P>
<P>(2) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;
</P>
<P>(3) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of subchapter K of this chapter are met; and
</P>
<P>(4) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.13" NODE="30:3.0.1.7.41.0.1.7" TYPE="SECTION">
<HEAD>§ 784.13   Reclamation plan: General requirements.</HEAD>
<P>(a) Each application shall contain a plan for the reclamation of the lands within the proposed permit area, showing how the applicant will comply with sections 515 and 516 of the Act, subchapter K of this chapter, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under 30 CFR 784.13 through 784.26.
</P>
<P>(b) Each plan shall contain the following information for the proposed permit area;
</P>
<P>(1) A detailed timetable for the completion of each major step in the reclamation plan;
</P>
<P>(2) A detailed estimate of the cost of the reclamation of the proposed operations required to be covered by a performance bond under subchapter J of this chapter, with supporting calculations for the estimates;
</P>
<P>(3) A plan for backfilling, soil stabilization, compacting and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with 30 CFR 817.102 through 817.107;
</P>
<P>(4) A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of § 817.22 of this chapter. A demonstration of the suitability of topsoil substitutes or supplements under § 817.22(b) of this chapter shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, and areal extent of the different kinds of soils. The regulatory authority may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements.
</P>
<P>(5) A plan for revegetation as required in 30 CFR 817.111 through 817.116, including, but not limited to, descriptions of the—
</P>
<P>(i) Schedule of revegetation;
</P>
<P>(ii) Species and amounts per acre of seeds and seedlings to be used;
</P>
<P>(iii) Methods to be used in planting and seeding;
</P>
<P>(iv) Mulching techniques;
</P>
<P>(v) Irrigation, if appropriate, and pest and disease control measures, if any;
</P>
<P>(vi) Measures proposed to be used to determine the success of revegetation as required in 30 CFR 817.116; and,
</P>
<P>(vii) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation.
</P>
<P>(6) A description of the measures to be used to maximize the use and conservation of the coal resource as required in 30 CFR 817.59;
</P>
<P>(7) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 30 CFR 817.89 and 817.102 and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;
</P>
<P>(8) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells and other openings within the proposed permit area, in accordance with 30 CFR 817.13-817.15; and
</P>
<P>(9) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 <I>et seq.</I>), the Clean Water Act (33 U.S.C. 1251 <I>et seq.</I>), and other applicable air and water quality laws and regulations and health and safety standards.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979; 44 FR 49686, Aug. 24, 1979, as amended at 48 FR 22100, May 16, 1983; 48 FR 44780, Sept. 30, 1983; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.14" NODE="30:3.0.1.7.41.0.1.8" TYPE="SECTION">
<HEAD>§ 784.14   Hydrologic information.</HEAD>
<P>(a) <I>Sampling and analysis.</I> All water quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the 15th edition of “Standard Methods for the Examination of Water and Wastewater,” which is incorporated by reference, or the methodology in 40 CFR parts 136 and 434. Water quality sampling performed to meet the requirements of this section shall be conducted according to either methodology listed above when feasible. “Standard Methods for the Examination of Water and Wastewater,” is a joint publication of the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation and is available from the American Public Health Association, 1015 Fifteenth Street NW., Washington, DC 20036. This document is also available for inspection at the Office of the OSM Administrative Record, U.S. Department of the Interior, Room 5315, 1100 L Street NW., Washington, DC; at the OSM Eastern Technical Service Center, U.S. Department of the Interior, Building 10, Parkway Center, Pittsburgh, Pa.; at the OSM Western Technical Service Center, U.S. Department of the Interior, Brooks Tower, 1020 15th Street, Denver, Colo or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> This incorporation by reference was approved by the Director of the Federal Register on October 26, 1983. This document is incorporated as it exists on the date of the approval, and a notice of any change in it will be published in the <E T="04">Federal Register.</E>
</P>
<P>(b) <I>Baseline information.</I> The application shall include the following baseline hydrologic information, and any additional information required by the regulatory authority.
</P>
<P>(1) <I>Ground-water information.</I> The location and ownership for the permit and adjacent areas of existing wells, springs, and other ground-water resources, seasonal quality and quantity of ground water, and usage. Water quality descriptions shall include, at a minimum, total dissolved solids or specific conductance corrected to 25 °C, pH, total iron, and total manganese. Ground-water quantity descriptions shall include, at a minimum, approximate rates of discharge or usage and depth to the water in the coal seam, and each water-bearing stratum above and potentially impacted stratum below the coal seam.
</P>
<P>(2) <I>Surface-water information.</I> The name, location, ownership and description of all surface-water bodies such as streams, lakes, and impoundments, the location of any discharge into any surface-water body in the proposed permit and adjacent areas, and information on surface-water quality and quantity sufficient to demonstrate seasonal variation and water usage. Water quality descriptions shall include, at a minimum, baseline information on total suspended solids, total dissolved solids or specific conductance corrected to 25 °C, pH, total iron, and total manganese. Baseline acidity and alkalinity information shall be provided if there is a potential for acid drainage from the proposed mining operation. Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates.
</P>
<P>(3) <I>Supplemental information.</I> If the determination of the probable hydrologic consequences (PHC) required by paragraph (e) of this section indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (b) (1) and (2) of this section shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.
</P>
<P>(c) <I>Baseline cumulative impact area information.</I> (1) Hydrologic and geologic information for the cumulative impact area necessary to assess the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining on surface- and ground-water systems as required by paragraph (f) of this section shall be provided to the regulatory authority if available from appropriate Federal or State agencies.
</P>
<P>(2) If this information is not available from such agencies, then the applicant may gather and submit this information to the regulatory authority as part of the permit application.
</P>
<P>(3) The permit shall not be approved until the necessary hydrologic and geologic information is available to the regulatory authority.
</P>
<P>(d) <I>Modeling.</I> The use of modeling techniques, interpolation or statistical techniques may be included as part of the permit application, but actual surface- and ground-water information may be required by the regulatory authority for each site even when such techniques are used.
</P>
<P>(e) <I>Probable hydrologic consequences determination.</I> (1) The application shall contain a determination of the probable hydrologic consequences (PHC) of the proposed operation upon the quality and quantity of surface and ground water under seasonal flow conditions for the proposed permit and adjacent areas.
</P>
<P>(2) The PHC determination shall be based on baseline hydrologic, geologic, and other information collected for the permit application and may include data statistically representative of the site.
</P>
<P>(3) The PHC determination shall include findings on:
</P>
<P>(i) Whether adverse impacts may occur to the hydrologic balance;
</P>
<P>(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface or ground water supplies;
</P>
<P>(iii) What impact the proposed operation will have on:
</P>
<P>(A) Sediment yield from the disturbed area; (B) acidity, total suspended and dissolved solids, and other important water quality parameters of local impact; (C) flooding or streamflow alteration; (D) ground water and surface water availability; and (E) other characteristics as required by the regulatory authority;
</P>
<P>(iv) Whether the underground mining activities conducted after October 24, 1992 may result in contamination, diminution or interruption of a well or spring in existence at the time the permit application is submitted and used for domestic, drinking, or residential purposes within the permit or adjacent areas.
</P>
<P>(4) An application for a permit revision shall be reviewed by the regulatory authority to determine whether a new or updated PHC shall be required.
</P>
<P>(f) <I>Cumulative hydrologic impact assessment.</I> (1) The regulatory authority shall provide an assessment of the probable cumulative hydrologic impacts (CHIA) of the proposed operation and all anticipated mining upon surface- and ground-water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The regulatory authority may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.
</P>
<P>(2) An application for a permit revision shall be reviewed by the regulatory authority to determine whether a new or updated CHIA shall be required.
</P>
<P>(g) <I>Hydrologic reclamation plan.</I> The application shall include a plan, with maps and descriptions, indicating how the relevant requirements of part 817 of this chapter, including §§ 817.41 to 817.43, will be met. The plan shall be specific to the local hydrologic conditions. It shall contain the steps to be taken during mining and reclamation through bond release to minimize disturbance to the hydrologic balance within the permit and adjacent areas; to prevent material damage outside the permit area; and to meet applicable Federal and State water quality laws and regulations. The plan shall include the measures to be taken to: avoid acid or toxic drainage; prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow; provide water treatment facilities when needed; and control drainage. The plan shall specifically address any potential adverse hydrologic consequences identified in the PHC determination prepared under paragraph (e) of this section and shall include preventive and remedial measures.
</P>
<P>(h) <I>Ground-water monitoring plan.</I> (1) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (e) of this section and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (g) of this section. It shall identify the quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25 °C, pH, total iron, total manganese, and water levels shall be monitored and data submitted to the regulatory authority at least every 3 months for each monitoring location. The regulatory authority may require additional monitoring.
</P>
<P>(2) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area, then monitoring of that stratum may be waived by the regulatory authority.
</P>
<P>(i) <I>Surface-water monitoring plan.</I> (1) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (e) of this section and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (g) of this section as well as the effluent limitations found at 40 CFR part 434.
</P>
<P>(2) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.
</P>
<P>(i) At all monitoring locations in streams, lakes, and impoundments, that are potentially impacted or into which water will be discharged and at upstream monitoring locations, the total dissolved solids or specific conductance corrected at 25 °C, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.
</P>
<P>(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR parts 122, 123 and 434 and as required by the National Pollutant Discharge Elimination System permitting authority.
</P>
<P>(3) The monitoring reports shall be submitted to the regulatory authority every 3 months. The regulatory authority may require additional monitoring.
</P>
<CITA TYPE="N">[48 FR 43987, Sept. 26, 1983, as amended at 52 FR 45923, Dec. 2, 1987; 53 FR 36401, Sept. 19, 1988; 60 FR 16748, Mar. 31, 1995; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.15" NODE="30:3.0.1.7.41.0.1.9" TYPE="SECTION">
<HEAD>§ 784.15   Reclamation plan: Land use information.</HEAD>
<P>(a) The plan shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:
</P>
<P>(1) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described. In the case of previously mined land, the use of the land prior to any mining shall also be described to the extent such information is available.
</P>
<P>(2) A narrative of land capability and productivity, which analyzes the land-use description under paragraph (a) of this section in conjunction with other environmental resources information. The narrative shall provide analyses of:
</P>
<P>(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the proposed permit area; and
</P>
<P>(ii) The productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, State agricultural universities, or appropriate State natural resource or agricultural agencies.
</P>
<P>(b) Each plan shall contain a detailed description of the proposed use, following reclamation, of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:
</P>
<P>(1) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and
</P>
<P>(2) Where a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under 30 CFR 817.133.
</P>
<P>(3) The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable State and local land use plans and programs.
</P>
<P>(c) The description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the State and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.
</P>
<CITA TYPE="N">[59 FR 27937, May 27, 1994, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.16" NODE="30:3.0.1.7.41.0.1.10" TYPE="SECTION">
<HEAD>§ 784.16   Reclamation plan: Siltation structures, impoundments, banks, dams, and embankments.</HEAD>
<P>(a) <I>General.</I> Each application shall include a general plan and a detailed design plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.
</P>
<P>(1) Each general plan shall—
</P>
<P>(i) Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, a professional geologist, or in any State which authorizes land surveyors to prepare and certify such plans, a qualified, registered, professional, land surveyor with assistance from experts in related fields such as landscape architecture;
</P>
<P>(ii) Contain a description, map, and cross section of the structure and its location;
</P>
<P>(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;
</P>
<P>(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and
</P>
<P>(v) Contain a certification statement which includes a schedule setting forth the dates when any detailed design plans for structures that are not submitted with the general plan will be submitted to the regulatory authority. The regulatory authority shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.
</P>
<P>(2) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), “Earth Dams and Reservoirs,” Technical Release No. 60 (TR-60) shall comply with the requirements of this section for structures that meet or exceed the size or other criteria of the Mine Safety and Health Administration (MSHA). The technical release is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. TR-60 may be viewed or downloaded from OSM's Web site at <I>http://www.osmre.gov/programs/TDT/damsafety.shtm.</I> It also is available for inspection at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 252, 1951 Constitution Ave. NW., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, § 77.216(a) of this chapter shall:
</P>
<P>(i) Be prepared by, or under the direction of, and certified by a qualified registered professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;
</P>
<P>(ii) Include any geotechnical investigation, design, and construction requirements for the structure;
</P>
<P>(iii) Describe the operation and maintenance requirements for each structure; and
</P>
<P>(iv) Describe the timetable and plans to remove each structure, if appropriate.
</P>
<P>(3) Each detailed design plan for structures not included in paragraph (a)(2) of this section shall:
</P>
<P>(i) Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, or in any State which authorizes land surveyors to prepare and certify such plans, a qualified, registered, professional, land surveyor, except that all coal processing waste dams and embankments covered by §§ 817.81 through 817.84 of this chapter shall be certified by a qualified, registered, professional engineer;
</P>
<P>(ii) Include any design and construction requirements for the structure, including any required geotechnical information;
</P>
<P>(iii) Describe the operation and maintenance requirements for each structure; and
</P>
<P>(iv) Describe the timetable and plans to remove each structure, if appropriate.
</P>
<P>(b) <I>Siltation structures.</I> Siltation structures shall be designed in compliance with the requirements of § 817.46 of this chapter.
</P>
<P>(c) <I>Permanent and temporary impoundments.</I> (1) Permanent and temporary impoundments shall be designed to comply with the requirements of § 817.49 of this chapter.
</P>
<P>(2) Each plan for an impoundment meeting the size of other criteria of the Mine Safety and Health Administration shall comply with the requirements of §§ 77.216-1 and 77.216-2 of this title. The plan required to be submitted to the District Manager of MSHA under § 77.216 of this title shall be submitted to the regulatory authority as part of the permit application in accordance with paragraph (a) of this section.
</P>
<P>(3) For impoundments not included in paragraph (a)(2) of this section the regulatory authority may establish through the State program approval process engineering design standards that ensure stability comparable to a 1.3 minimum static safety factor in lieu of engineering tests to establish compliance with the minimum static safety factor of 1.3 specified in § 817.49(a)(4)(ii) of this chapter.
</P>
<P>(d) <I>Coal processing waste banks.</I> Coal processing waste banks shall be designed to comply with the requirements of 30 CFR 817.81 through 817.84.
</P>
<P>(e) <I>Coal processing waste dams and embankments.</I> Coal processing waste dams and embankments shall be designed to comply with the requirements of 30 CFR 817.81 through 817.84. Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:
</P>
<P>(1) The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions.
</P>
<P>(2) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered.
</P>
<P>(3) All springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan.
</P>
<P>(4) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.
</P>
<P>(f) If the structure meets the Class B or C criteria for dams in TR-60 or meets the size or other criteria of § 77.216(a) of this chapter, each plan under paragraphs (b), (c), and (e) of this section shall include a stability analysis of the structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 48 FR 44780, Sept. 30, 1983; 50 FR 16199, Apr. 24, 1985; 53 FR 43605, Oct. 27, 1988; 53 FR 48614, Dec. 1, 1988; 59 FR 52028, Oct. 20, 1994; 73 FR 75879, Dec. 12, 2008; 79 FR 76230, Dec. 22, 2014; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.17" NODE="30:3.0.1.7.41.0.1.11" TYPE="SECTION">
<HEAD>§ 784.17   Protection of publicly owned parks and historic places.</HEAD>
<P>(a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used.
</P>
<P>(1) To prevent adverse impacts, or
</P>
<P>(2) If a person has valid existing rights, as determined under § 761.16 of this chapter, or if joint agency approval is to be obtained under § 761.17(d) of this chapter, to minimize adverse impacts.
</P>
<P>(b) The regulatory authority may require the applicant to protect historic and archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.
</P>
<CITA TYPE="N">[52 FR 4263, Feb. 10, 1987, as amended at 64 FR 70838, Dec. 17, 1999; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.18" NODE="30:3.0.1.7.41.0.1.12" TYPE="SECTION">
<HEAD>§ 784.18   Relocation or use of public roads.</HEAD>
<P>Each application shall describe, with appropriate maps and cross sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under § 761.14 of this chapter, the applicant seeks to have the regulatory authority approve—
</P>
<P>(a) Conducting the proposed surface coal mining operations within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or
</P>
<P>(b) Relocating a public road.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 64 FR 70838, Dec. 17, 1999; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.19" NODE="30:3.0.1.7.41.0.1.13" TYPE="SECTION">
<HEAD>§ 784.19   Underground development waste.</HEAD>
<P>Each plan shall contain descriptions, including appropriate maps and cross section drawings of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities, according to 30 CFR 817.71 through 817.74. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the structures and be prepared according to 30 CFR 780.35.
</P>
<CITA TYPE="N">[79 FR 76230, Dec. 22, 2014, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.20" NODE="30:3.0.1.7.41.0.1.14" TYPE="SECTION">
<HEAD>§ 784.20   Subsidence control plan.</HEAD>
<P>(a) <I>Pre-subsidence survey.</I> Each application must include:
</P>
<P>(1) A map of the permit and adjacent areas at a scale of 1:12,000, or larger if determined necessary by the regulatory authority, showing the location and type of structures and renewable resource lands that subsidence may materially damage or for which the value or reasonably foreseeable use may be diminished by subsidence, and showing the location and type of drinking, domestic, and residential water supplies that could be contaminated, diminished, or interrupted by subsidence.
</P>
<P>(2) A narrative indicating whether subsidence, if it occurred, could cause material damage to or diminish the value or reasonably foreseeable use of such structures or renewable resource lands or could contaminate, diminish, or interrupt drinking, domestic, or residential water supplies.
</P>
<P>(3) A survey of the condition of all non-commercial buildings or occupied residential dwellings and structures related thereto, that may be materially damaged or for which the reasonably foreseeable use may be diminished by subsidence, within the area encompassed by the applicable angle of draw; as well as a survey of the quantity and quality of all drinking, domestic, and residential water supplies within the permit area and adjacent area that could be contaminated, diminished, or interrupted by subsidence. If the applicant cannot make this survey because the owner will not allow access to the site, the applicant will notify the owner, in writing, of the effect that denial of access will have as described in § 817.121(c)(4) of this chapter. The applicant must pay for any technical assessment or engineering evaluation used to determine the pre-mining condition or value of such non-commercial buildings or occupied residential dwellings and structures related thereto and the quantity and quality of drinking, domestic, or residential water supplies. The applicant must provide copies of the survey and any technical assessment or engineering evaluation to the property owner and regulatory authority. However, the requirements to perform a survey of the condition of all noncommercial buildings or occupied residential dwellings and structures related thereto, that may be materially damaged or for which the reasonably foreseeable use may be diminished by subsidence, within the areas encompassed by the applicable angle of draw is suspended per court order.
</P>
<P>(b) <I>Subsidence control plan.</I> If the survey conducted under paragraph (a) of this section shows that no structures, or drinking, domestic, or residential water supplies, or renewable resource lands exist, or that no material damage or diminution in value or reasonably foreseeable use of such structures or lands, and no contamination, diminution, or interruption of such water supplies would occur as a result of mine subsidence, and if the regulatory authority agrees with this conclusion, no further information need be provided under this section. If the survey shows that structures, renewable resource lands, or water supplies exist and that subsidence could cause material damage or diminution in value or reasonably foreseeable use, or contamination, diminution, or interruption of protected water supplies, or if the regulatory authority determines that damage, diminution in value or foreseeable use, or contamination, diminution, or interruption could occur, the application must include a subsidence control plan that contains the following information:
</P>
<P>(1) A description of the method of coal removal, such as longwall mining, room-and-pillar removal or hydraulic mining, including the size, sequence and timing of the development of underground workings;
</P>
<P>(2) A map of the underground workings that describes the location and extent of the areas in which planned-subsidence mining methods will be used and that identifies all areas where the measures described in paragraphs (b)(4), (b)(5), and (b)(7) of this section will be taken to prevent or minimize subsidence and subsidence-related damage; and, when applicable, to correct subsidence-related material damage;
</P>
<P>(3) A description of the physical conditions, such as depth of cover, seam thickness and lithology of overlaying strata, that affect the likelihood or extent of subsidence and subsidence-related damage;
</P>
<P>(4) A description of the monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce or correct material damage in accordance with § 817.121(c) of this chapter;
</P>
<P>(5) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage, such as, but not limited to:
</P>
<P>(i) Backstowing or backfilling of voids;
</P>
<P>(ii) Leaving support pillars of coal;
</P>
<P>(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving coal in place; and
</P>
<P>(iv) Taking measures on the surface to prevent or minimize material damage or diminution in value of the surface;
</P>
<P>(6) A description of the anticipated effects of planned subsidence, if any;
</P>
<P>(7) For those areas where planned subsidence is projected to be used, a description of methods to be employed to minimize damage from planned subsidence to non-commercial buildings and occupied residential dwellings and structures related thereto; or the written consent of the owner of the structure or facility that minimization measures not be taken; or, unless the anticipated damage would constitute a threat to health or safety, a demonstration that the costs of minimizing damage exceed the anticipated costs of repair;
</P>
<P>(8) A description of the measures to be taken in accordance with §§ 817.41(j) and 817.121(c) of this chapter to replace adversely affected protected water supplies or to mitigate or remedy any subsidence-related material damage to the land and protected structures; and
</P>
<P>(9) Other information specified by the regulatory authority as necessary to demonstrate that the operation will be conducted in accordance with § 817.121 of this chapter.
</P>
<CITA TYPE="N">[60 FR 16748, Mar. 31, 1995, as amended at 64 FR 71653, Dec. 17, 1999; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.21" NODE="30:3.0.1.7.41.0.1.15" TYPE="SECTION">
<HEAD>§ 784.21   Fish and wildlife information.</HEAD>
<P>(a) <I>Resource information.</I> Each application shall include fish and wildlife resource information for the permit area and adjacent area.
</P>
<P>(1) The scope and level of detail for such information shall be determined by the regulatory authority in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (b) of this section.
</P>
<P>(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:
</P>
<P>(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 <I>et seq.</I>), or those species or habitats protected by similar State statutes;
</P>
<P>(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or
</P>
<P>(iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.
</P>
<P>(b) <I>Protection and enhancement plan.</I> Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall—
</P>
<P>(1) Be consistent with the requirements of § 817.97 of this chapter;
</P>
<P>(2) Apply, at a minimum, to species and habitats identified under paragraph (a) of this section; and
</P>
<P>(3) Include—
</P>
<P>(i) Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and
</P>
<P>(ii) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.
</P>
<P>(c) <I>Fish and Wildlife Service review.</I> Upon request, the regulatory authority shall provide the resource information required under paragraph (a) of this section and the protection and enhancement plan required under paragraph (b) of this section to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.
</P>
<CITA TYPE="N">[52 FR 47359, Dec. 11, 1987, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.22" NODE="30:3.0.1.7.41.0.1.16" TYPE="SECTION">
<HEAD>§ 784.22   Geologic information.</HEAD>
<P>(a) <I>General.</I> Each application shall include geologic information in sufficient detail to assist in—
</P>
<P>(1) Determining the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary;
</P>
<P>(2) Determining all potentially acid- or toxic-forming strata down to and including the stratum immediately below the coal seam to be mined;
</P>
<P>(3) Determining whether reclamation as required by this chapter can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; and
</P>
<P>(4) Preparing the subsidence control plan under § 784.20.
</P>
<P>(b) Geologic information shall include, at a minimum, the following:
</P>
<P>(1) A description of the geology of the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. This description shall include the areal and structural geology of the permit and adjacent areas, and other parameters which influence the required reclamation and it shall also show how the areal and structural geology may affect the occurrence, availability, movement, quantity and quality of potentially impacted surface and ground water. It shall be based on—
</P>
<P>(i) The cross sections, maps, and plans required by § 783.25 of this chapter;
</P>
<P>(ii) The information obtained under paragraphs (b)(2), (b)(3), and (c) of this section; and
</P>
<P>(iii) Geologic literature and practices.
</P>
<P>(2) For any portion of a permit area in which the strata down to the coal seam to be mined will be removed or are already exposed, samples shall be collected and analyzed from test borings; drill cores; or fresh, unweathered, uncontaminated samples from rock outcrops down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:
</P>
<P>(i) Logs showing the lithologic characteristics including physical properties and thickness of each stratum and location of ground water where occurring;
</P>
<P>(ii) Chemical analyses identifying those strata that may contain acid- or toxic-forming, or alkalinity-producing materials and to determine their content except that the regulatory authority may find that the analysis for alkalinity-producing material is unnecessary; and
</P>
<P>(iii) Chemical analysis of the coal seam for acid- or toxic-forming materials, including the total sulfur and pyritic sulfur, except that the regulatory authority may find that the analysis of pyritic sulfur content is unnecessary.
</P>
<P>(3) For lands within the permit and adjacent areas where the strata above the coal seam to be mined will not be removed, samples shall be collected and analyzed from test borings or drill cores to provide the following data:
</P>
<P>(i) Logs of drill holes showing the lithologic characteristics, including physical properties and thickness of each stratum that may be impacted, and location of ground water where occurring;
</P>
<P>(ii) Chemical analyses for acid- or toxic-forming or alkalinity-producing materials and their content in the strata immediately above and below the coal seam to be mined;
</P>
<P>(iii) Chemical analyses of the coal seam for acid- or toxic-forming materials, including the total sulfur and pyritic sulfur, except that the regulatory authority may find that the analysis of pyrite sulfur content is unnecessary; and
</P>
<P>(iv) For standard room and pillar mining operations, the thickness and engineering properties of clays or soft rock such as clay shale, if any, in the stratum immediately above and below each coal seam to be mined.
</P>
<P>(c) If determined to be necessary to protect the hydrologic balance, to minimize or prevent subsidence, or to meet the performance standards of this chapter, the regulatory authority may require the collection, analysis and description of geologic information in addition to that required by paragraph (b) of this section.
</P>
<P>(d) An applicant may request the regulatory authority to waive in whole or in part the requirements of paragraphs (b) (2) and (3) of this section. The waiver may be granted only if the regulatory authority finds in writing that the collection and analysis of such data is unnecessary because other information having equal value or effect is available to the regulatory authority in a satisfactory form.
</P>
<CITA TYPE="N">[48 FR 43989, Sept. 26, 1983, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.23" NODE="30:3.0.1.7.41.0.1.17" TYPE="SECTION">
<HEAD>§ 784.23   Operation plan: Maps and plans.</HEAD>
<P>Each application shall contain maps and plans as follows:
</P>
<P>(a) The maps, plans and cross-sections shall show the underground mining activities to be conducted, the lands to be affected throughout the operation, and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 30 CFR 783.24 and 783.25.
</P>
<P>(b) The following shall be shown for the proposed permit area:
</P>
<P>(1) Buildings, utility corridors, and facilities to be used;
</P>
<P>(2) The area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation;
</P>
<P>(3) Each area of land for which a performance bond or other equivalent guarantee will be posted under subchapter J of this chapter;
</P>
<P>(4) Each coal storage, cleaning and loading area;
</P>
<P>(5) Each topsoil, spoil, coal preparation waste, underground development waste, and non-coal waste storage area;
</P>
<P>(6) Each water diversion, collection, conveyance, treatment, storage and discharge facility to be used;
</P>
<P>(7) Each source of waste and each waste disposal facility relating to coal processing or pollution control;
</P>
<P>(8) Each facility to be used to protect and enhance fish and wildlife related environmental values;
</P>
<P>(9) Each explosive storage and handling facility;
</P>
<P>(10) Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with 30 CFR 784.16 and disposal areas for underground development waste and excess spoil, in accordance with 30 CFR 784.19;
</P>
<P>(11) Each profile, at cross-sections specified by the regulatory authority, of the anticipated final surface configuration to be achieved for the affected areas;
</P>
<P>(12) Location of each water and subsidence monitoring point;
</P>
<P>(13) Location of each facility that will remain on the proposed permit area as a permanent feature, after the completion of underground mining activities.
</P>
<P>(c) Except as provided in §§ 784.16(a)(2), 784.16(a)(3), 784.19, 817.71(b), 817.73(c), 817.74(c) and 817.81(c) of this chapter, cross sections, maps and plans required under paragraphs (b)(4), (5), (6), (10) and (11) of this section shall be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, a professional geologist, or in any State which authorizes land surveyors to prepare and certify such cross sections, maps and plans, a qualified, registered, professional, land surveyor, with assistance from experts in related fields such as landscape architecture.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979; 44 FR 49686, Aug. 24, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 48 FR 14822, Apr. 5, 1983; 50 FR 16199, Apr. 24, 1985; 56 FR 65635, Dec. 17, 1991; 73 FR 75881, Dec. 12, 2008; 79 FR 76230, Dec. 22, 2014; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.24" NODE="30:3.0.1.7.41.0.1.18" TYPE="SECTION">
<HEAD>§ 784.24   Road systems.</HEAD>
<P>(a) <I>Plans and drawings.</I> Each applicant for an underground coal mining and reclamation permit shall submit plans and drawings for each road, as defined in § 701.5 of this chapter, to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall—
</P>
<P>(1) Include a map, appropriate cross sections, design drawings, and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;
</P>
<P>(2) Contain the drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the regulatory authority in accordance with § 817.150(d)(1) of this chapter;
</P>
<P>(3) Contain the drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the regulatory authority in accordance with § 817.151(c)(2) of this chapter;
</P>
<P>(4) Contain a description of measures to be taken to obtain approval of the regulatory authority for alteration or relocation of a natural stream channel under § 817.151(d)(5) of this chapter;
</P>
<P>(5) Contain the drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the regulatory authority can maximize the protection of the stream in accordance with § 817.151(d)(6) of this chapter; and
</P>
<P>(6) Describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.
</P>
<P>(b) <I>Primary road certification.</I> The plans and drawings for each primary road shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, or in any State which authorizes land surveyors to certify the design of primary roads a qualified registered professional land surveyor, experienced in the design and construction of roads, as meeting the requirements of this chapter; current, prudent engineering practices; and any design criteria established by the regulatory authority.
</P>
<P>(c) <I>Standard design plans.</I> The regulatory authority may establish engineering design standards for primary roads through the State program approval process, in lieu of engineering tests, to establish compliance with the minimum static safety factor of 1.3 for all embankments specified in § 817.151(b) of this chapter.
</P>
<CITA TYPE="N">[53 FR 45211, Nov. 8, 1988, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.25" NODE="30:3.0.1.7.41.0.1.19" TYPE="SECTION">
<HEAD>§ 784.25   Return of coal processing waste to abandoned underground workings.</HEAD>
<P>(a) Each plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the regulatory authority and the Mine Safety and Health Administration under 30 CFR 817.81(f).
</P>
<P>(b) Each plan shall describe the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.
</P>
<P>(c) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.
</P>
<P>(d) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.
</P>
<P>(e) The requirements of paragraphs (a), (b), (c), and (d) of this section shall also apply to pneumatic backfilling operations, except where the operations are exempted by the regulatory authority from requirements specifying hydrologic monitoring.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30, 1983; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.26" NODE="30:3.0.1.7.41.0.1.20" TYPE="SECTION">
<HEAD>§ 784.26   Air pollution control plan.</HEAD>
<P>For all surface operations associated with underground mining activities, the application shall contain an air pollution control plan which includes the following:
</P>
<P>(a) An air quality monitoring program, if required by the regulatory authority, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices, under paragraph (b) of this section to comply with applicable Federal and State air quality standards; and
</P>
<P>(b) A plan for fugitive dust control practices, as required under 30 CFR 817.95.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.29" NODE="30:3.0.1.7.41.0.1.21" TYPE="SECTION">
<HEAD>§ 784.29   Diversions.</HEAD>
<P>Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with § 817.43 of this chapter.
</P>
<CITA TYPE="N">[44 FR 15366, Mar. 13, 1979. Redesignated and amended at 48 FR 43989, Sept. 26, 1983; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.30" NODE="30:3.0.1.7.41.0.1.22" TYPE="SECTION">
<HEAD>§ 784.30   Support facilities.</HEAD>
<P>Each applicant for an underground coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with § 817.181 of this chapter for each facility.
</P>
<CITA TYPE="N">[53 FR 45211, Nov. 8, 1988, as amended at 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 784.200" NODE="30:3.0.1.7.41.0.1.23" TYPE="SECTION">
<HEAD>§ 784.200   Interpretive rules related to General Performance Standards.</HEAD>
<P>The following interpretation of rules promulgated in part 784 of this chapter have been adopted by the Office of Surface Mining Reclamation and Enforcement.
</P>
<P>(a) <I>Interpretation of § 784.15: Reclamation plan: Postmining land uses.</I> (1) The requirements of § 784.15(a)(2), for approval of an alternative postmining land use, may be met by requesting approval through the permit revision procedures of § 774.13 rather than requesting such approval in the original permit application. The original permit application, however, must demonstrate that the land will be returned to its premining land use capability as required by § 817.133(a). An application for a permit revision of this type, (i) must be submitted in accordance with the filing deadlines of § 774.13, (ii) shall constitute a significant alteration from the mining operations contemplated by the original permit, and (iii) shall be subject to the requirements of 30 CFR parts 773 and 775.
</P>
<P>(b) [Reserved] 
</P>
<CITA TYPE="N">[45 FR 64908, Oct. 1, 1980, as amended at 48 FR 44780, Sept. 30, 1983; 81 FR 93355, Dec. 20, 2016; 82 FR 54958, Nov. 17, 2017


</CITA>
</DIV8>

</DIV5>


<DIV5 N="785" NODE="30:3.0.1.7.42" TYPE="PART">
<HEAD>PART 785—REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> as
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15370, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54965, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 785 made effective on Jan. 19, 2017, at 81 FR 93379-93381, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 785.1" NODE="30:3.0.1.7.42.0.1.1" TYPE="SECTION">
<HEAD>§ 785.1   Scope.</HEAD>
<P>This part establishes the minimum requirements for regulatory program provisions for permits for certain categories of surface coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in this subchapter G. All of the provisions of subchapter G apply to these operations, unless otherwise specifically provided in this part.


</P>
</DIV8>


<DIV8 N="§ 785.2" NODE="30:3.0.1.7.42.0.1.2" TYPE="SECTION">
<HEAD>§ 785.2   Objective.</HEAD>
<P>The objective of this part is to ensure that permits are issued for certain categories of surface coal mining and reclamation operations only after the regulatory authority receives information that shows that these operations will be conducted according to the applicable requirements of the Act, subchapter K, and applicable regulatory programs.


</P>
</DIV8>


<DIV8 N="§ 785.10" NODE="30:3.0.1.7.42.0.1.3" TYPE="SECTION">
<HEAD>§ 785.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of part 785 and assigned it control number 1029-0040. The information is being collected to meet the requirements of sections 507, 508, 510, 515, 701 and 711 of Public Law 95-87, which requires applicants for special types of mining activities to provide descriptions, maps, plans and data of the proposed activity. This information will be used by the regulatory authority in determining if the applicant can meet the applicable performance standards for the special type of mining activity. Persons must respond to obtain a benefit. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<CITA TYPE="N">[73 FR 67630, Nov. 14, 2008, as amended at 81 FR 93379, Dec. 20, 2016; 82 FR 54965, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 785.11" NODE="30:3.0.1.7.42.0.1.4" TYPE="SECTION">
<HEAD>§ 785.11   Anthracite surface coal mining and reclamation operations.</HEAD>
<P>(a) This section applies to any person who conducts or intends to conduct anthracite surface coal mining and reclamation operations in Pennsylvania.
</P>
<P>(b) Each person who intends to conduct anthracite surface coal mining and reclamation operations in Pennsylvania shall apply for and obtain a permit in accordance with the requirements of this subchapter. The following standards apply to applications for and issuance of permits:
</P>
<P>(1) In lieu of the requirements of 30 CFR parts 816-817, the requirements of 30 CFR part 820 shall apply.
</P>
<P>(2) All other requirements of this chapter including the bonding and insurance requirements of 30 CFR 800.70, except the bond limits and the period of revegetation responsibility, to the extent they are required under sections 509 or 510 of the Act, shall apply.
</P>
<P>(c) If the Pennsylvania anthracite permanent regulatory program in effect on August 3, 1977, is amended with respect to environmental protection performance standards, the Secretary shall issue additional regulations necessary to meet the purposes of the Act.
</P>
<CITA TYPE="N">[44 FR 15370, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 785.12" NODE="30:3.0.1.7.42.0.1.5" TYPE="SECTION">
<HEAD>§ 785.12   Special bituminous surface coal mining and reclamation operations.</HEAD>
<P>(a) This section applies to any person who conducts or intends to conduct certain special bituminous coal surface mine operations in Wyoming.
</P>
<P>(b) Each application for a permit for a special bituminous coal mine operation shall include, as part of the mining operations and reclamation plan, the detailed descriptions, maps and plans needed to demonstrate that the operations will comply with the requirements of the Act and 30 CFR part 825.
</P>
<P>(c) The regulatory authority may issue a permit for a special bituminous coal mine operation for which a complete application has been filed in accordance with this section, if it finds, in writing, that the operation will be conducted in compliance with the Act and 30 CFR part 825.
</P>
<P>(d) Upon amendment or revision to the Wyoming regulatory program, regulations, or decisions made thereunder, governing special bituminous coal mines, the Secretary shall issue additional regulations necessary to meet the purposes of the Act.


</P>
</DIV8>


<DIV8 N="§ 785.13" NODE="30:3.0.1.7.42.0.1.6" TYPE="SECTION">
<HEAD>§ 785.13   Experimental practices mining.</HEAD>
<P>(a) Experimental practices provide a variance from environmental protection performance standards of the Act, of subchapter K of this chapter, and the regulatory program for experimental or research purposes, or to allow an alternative postmining land use, and may be undertaken if they are approved by the regulatory authority and the Director and if they are incorporated in a permit or permit revision issued in accordance with the requirements of subchapter G of this chapter.
</P>
<P>(b) An application for an experimental practice shall contain descriptions, maps, plans, and data which show—
</P>
<P>(1) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and any special monitoring which will be conducted;
</P>
<P>(2) How use of the experimental practice encourages advances in mining and reclamation technology or allows a postmining land use for industrial, commercial, residential, or public use (including recreation facilities) on an experimental basis;
</P>
<P>(3) That the experimental practice—
</P>
<P>(i) Is potentially more, or at least as, environmentally protective, during and after mining operations, as would otherwise be required by standards promulgated under subchapter K of this chapter; and
</P>
<P>(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of subchapter K of this chapter; and
</P>
<P>(4) That the applicant will conduct monitoring of the effects of the experimental practice. The monitoring program shall ensure the collection, analysis, and reporting of reliable data that are sufficient to enable the regulatory authority and the Director to—
</P>
<P>(i) Evaluate the effectiveness of the experimental practice; and
</P>
<P>(ii) Identify, at the earliest possible time, potential risk to the environment and public health and safety which may be caused by the experimental practice during and after mining.
</P>
<P>(c) Applications for experimental practices shall comply with the public notice requirements of § 773.6 of this chapter.
</P>
<P>(d) No application for an experimental practice under this section shall be approved until the regulatory authority first finds in writing and the Director then concurs that—
</P>
<P>(1) The experimental practice encourages advances in mining and reclamation technology or allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities) on an experimental basis;
</P>
<P>(2) The experimental practice is potentially more, or at least as, environmentally protective, during and after mining operations, as would otherwise be required by standards promulgated under subchapter K of this chapter;
</P>
<P>(3) The mining operations approved for a particular land-use or other purpose are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice; and
</P>
<P>(4) The experimental practice does not reduce the protection afforded public health and safety below that provided by standards promulgated under subchapter K of this chapter.
</P>
<P>(e) Experimental practices granting variances from the special environmental protection performance standards of sections 515 and 516 of the Act applicable to prime farmlands shall be approved only after consultation with the U.S. Department of Agriculture, Soil Conservation Service.
</P>
<P>(f) Each person undertaking an experimental practice shall conduct the periodic monitoring, recording and reporting program set forth in the application, and shall satisfy such additional requirements as the regulatory authority or the Director may impose to ensure protection of the public health and safety and the environment.
</P>
<P>(g) Each experimental practice shall be reviewed by the regulatory authority at a frequency set forth in the approved permit, but no less frequently than every 2
<FR>1/2</FR> years. After review, the regulatory authority may require such reasonable modifications of the experimental practice as are necessary to ensure that the activities fully protect the environment and the public health and safety. Copies of the decision of the regulatory authority shall be sent to the permittee and shall be subject to the provisions for administrative and judicial review of part 775 of this chapter.
</P>
<P>(h) Revisions or modifications to an experimental practice shall be processed in accordance with the requirements of § 774.13 of this chapter and approved by the regulatory authority. Any revisions which propose significant alterations in the experimental practice shall, at a minimum, be subject to notice, hearing, and public participation requirements of § 773.6 of this chapter and concurrence by the Director. Revisions that do not propose significant alterations in the experimental practice shall not require concurrence by the Director.
</P>
<CITA TYPE="N">[48 FR 9484, Mar. 4, 1983, as amended at 65 FR 79669, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 785.14" NODE="30:3.0.1.7.42.0.1.7" TYPE="SECTION">
<HEAD>§ 785.14   Mountaintop removal mining.</HEAD>
<P>(a) This section applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining.
</P>
<P>(b) Mountaintop removal mining means surface mining activities, where the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill, except as provided for in 30 CFR 824.11(a)(6), by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses in accordance with the requirements of this section.
</P>
<P>(c) The regulatory authority may issue a permit for mountaintop removal mining, without regard to the requirements of §§ 816.102, 816.104, 816.105, and 816.107 of this chapter to restore the lands disturbed by such mining to their approximate original contour, if it first finds, in writing, on the basis of a complete application, that the following requirements are met:
</P>
<P>(1) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and, if—
</P>
<P>(i) After consultation with the appropriate land-use planning agencies, if any, the proposed land use is deemed by the regulatory authority to constitute an equal or better economic or public use of the affected land compared with the pre-mining use;
</P>
<P>(ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of paragraphs (a) through (c) of § 816.133 of this chapter;
</P>
<P>(iii) The applicant has presented specific plans for the proposed postmining land use and appropriate assurances that such use will be—
</P>
<P>(A) Compatible with adjacent land uses;
</P>
<P>(B) Obtainable according to data regarding expected need and market;
</P>
<P>(C) Assured of investment in necessary public facilities;
</P>
<P>(D) Supported by commitments from public agencies where appropriate;
</P>
<P>(E) Practicable with respect to private financial capability for completion of the proposed use;
</P>
<P>(F) Planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use; and
</P>
<P>(G) Designed by a registered engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.
</P>
<P>(iv) The proposed use would be consistent with adjacent land use and existing State and local land use plans and programs; and
</P>
<P>(v) The regulatory authority has provided, in writing, an opportunity of not more than 60 days to review and comment on such proposed use to the governing body of general purpose government in whose jurisdiction the land is located and any State or Federal agency which the regulatory authority, in its discretion, determines to have an interest in the proposed use.
</P>
<P>(2) The applicant demonstrates that in place of restoration of the land to be affected to the approximate original contour under §§ 816.102, 816.104, 816.105, and 816.107 of this chapter, the operation will be conducted in compliance with the requirements of part 824 of this chapter.
</P>
<P>(3) The requirements of 30 CFR 824 are made a specific condition of the permit.
</P>
<P>(4) All other requirements of the Act, this chapter, and the regulatory program are met by the proposed operations.
</P>
<P>(5) The permit is clearly identified as being for mountaintop removal mining.
</P>
<P>(d)(1) Any permits incorporating a variance issued under this section shall be reviewed by the regulatory authority to evaluate the progress and development of mining activities to establish that the operator is proceeding in accordance with the terms of the variance—
</P>
<P>(i) Within the sixth month preceding the third year from the date of its issuance;
</P>
<P>(ii) Before each permit renewal; and
</P>
<P>(iii) Not later than the middle of each permit term.
</P>
<P>(2) Any review required under paragraph (d)(1) of this section need not be held if the permittee has demonstrated and the regulatory authority finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of the Act, this chapter, and the regulatory program.
</P>
<P>(3) The terms and conditions of a permit for mountaintop removal mining may be modified at any time by the regulatory authority, if it determines that more stringent measures are necessary to insure that the operation involved is conducted in compliance with the requirements of the Act, this chapter, and the regulatory program.
</P>
<CITA TYPE="N">[44 FR 15370, Mar. 13, 1979, as amended at 48 FR 39904, Sept. 1, 1983; 52 FR 39183, Oct. 20, 1987; 81 FR 93379, Dec. 20, 2016; 82 FR 54965, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 785.15" NODE="30:3.0.1.7.42.0.1.8" TYPE="SECTION">
<HEAD>§ 785.15   Steep slope mining.</HEAD>
<P>(a) This section applies to any persons who conducts or intends to conduct steep slope surface coal mining and reclamation operations, except—
</P>
<P>(1) Where an operator proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;
</P>
<P>(2) Where a person obtains a permit under the provisions of § 785.14; or
</P>
<P>(3) To the extent that a person obtains a permit incorporating a variance under § 785.16.
</P>
<P>(b) Any application for a permit for surface coal mining and reclamation operations covered by this section shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of § 816.107 or § 817.107 of this chapter.
</P>
<P>(c) No permit shall be issued for any operations covered by this section, unless the regulatory authority finds, in writing, that in addition to meeting all other requirements of this subchapter, the operation will be conducted in accordance with the requirements of § 816.107 or § 817.107 of this chapter.
</P>
<CITA TYPE="N">[44 FR 15370, Mar. 13, 1979, as amended at 51 FR 9006, Mar. 17, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 785.16" NODE="30:3.0.1.7.42.0.1.9" TYPE="SECTION">
<HEAD>§ 785.16   Permits incorporating variances from approximate original contour restoration requirements for steep slope mining.</HEAD>
<P>(a) The regulatory authority may issue a permit for non-mountaintop removal, steep slope, surface coal mining and reclamation operations which includes a variance from the requirements to restore the disturbed areas to their approximate original contour that are contained in §§ 816.102, 816.104, 816.105, and 816.107, or §§ 817.102 and 817.107 of this chapter. The permit may contain such a variance only if the regulatory authority finds, in writing, that the applicant has demonstrated, on the basis of a complete application, that the following requirements are met:
</P>
<P>(1) After reclamation, the lands to be affected by the variance within the permit area will be suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities).
</P>
<P>(2) The requirements of § 816.133 or § 817.133 of this chapter will be met.
</P>
<P>(3) The watershed of lands within the proposed permit and adjacent areas will be improved by the operations when compared with the condition of the watershed before mining or with its condition if the approximate original contour were to be restored. The watershed will be deemed improved only if—
</P>
<P>(i) The amount of total suspended solids or other pollutants discharged to ground or surface water from the permit area will be reduced, so as to improve the public or private uses or the ecology of such water, or flood hazards within the watershed containing the permit area will be reduced by reduction of the peak flow discharge from precipitation events or thaws;
</P>
<P>(ii) The total volume of flow from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and
</P>
<P>(iii) The appropriate State environmental agency approves the plan.
</P>
<P>(4) The owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under § 778.15 of this chapter and shall show an understanding that the variance could not be granted without the surface owner's request.
</P>
<P>(b) If a variance is granted under this section—
</P>
<P>(1) The requirements of § 816.133(d) or § 817.133(d) of this chapter shall be included as a specific condition of the permit; and
</P>
<P>(2) The permit shall be specifically marked as containing a variance from approximate original contour.
</P>
<P>(c) A permit incorporating a variance under this section shall be reviewed by the regulatory authority at least every 30 months following the issuance of the permit to evaluate the progress and development of the surface coal mining and reclamation operations to establish that the operator is proceeding in accordance with the terms of the variance.
</P>
<P>(d) If the permittee demonstrates to the regulatory authority that the operations have been, and continue to be, conducted in compliance with the terms and conditions of the permit, the requirements of the Act, this chapter, and the regulatory program, the review specified in paragraph (c) of this section need not be held.
</P>
<P>(e) The terms and conditions of a permit incorporating a variance under this section may be modified at any time by the regulatory authority, if it determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of the Act, this chapter, and the regulatory program.
</P>
<P>(f) The regulatory authority may grant variances in accordance with this section only if it has promulgated specific rules to govern the granting of variances in accordance with the provisions of this section and any necessary, more stringent requirements.
</P>
<CITA TYPE="N">[48 FR 39904, Sept. 1, 1983, as amended at 48 FR 44780, Sept. 30, 1983; 56 FR 65635, Dec. 17, 1991; 81 FR 93380, Dec. 20, 2016; 82 FR 54965, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 785.17" NODE="30:3.0.1.7.42.0.1.10" TYPE="SECTION">
<HEAD>§ 785.17   Prime farmland.</HEAD>
<P>(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmlands historically used for cropland. This section does not apply to:
</P>
<P>(1) Lands on which surface coal mining and reclamation operations are conducted pursuant to any permit issued prior to August 3, 1977; or
</P>
<P>(2) Lands on which surface coal mining and reclamation operations are conducted pursuant to any renewal or revision of a permit issued prior to August 3, 1977; or
</P>
<P>(3) Lands included in any existing surface coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:
</P>
<P>(i) Such lands are part of a single continuous surface coal mining operation begun under a permit issued before August 3, 1977; and
</P>
<P>(ii) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and
</P>
<P>(iii) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit (or multiple pits if the lands are proven to be part of a single continuous surface coal mining operation) begun under a permit issued prior to August 3, 1977.
</P>
<P>(4) For purposes of this section:
</P>
<P>(i) “Renewal” of a permit shall mean a decision by the regulatory authority to extend the time by which the permittee may complete mining within the boundaries of the original permit, and “revision” of the permit shall mean a decision by the regulatory authority to allow changes in the method of mining operations within the original permit area, or the decision of the regulatory authority to allow incidental boundary changes to the original permit;
</P>
<P>(ii) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing;
</P>
<P>(iii) A single continuous surface coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the non-contiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one surface coal mining operation.
</P>
<P>(b) <I>Application contents—Reconnaissance inspection.</I> (1) All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The regulatory authority in consultation with the U.S. Soil Conservation Service shall determine the nature and extent of the required reconnaissance inspection.
</P>
<P>(2) If the reconnaissance inspection establishes that no land within the proposed permit area is prime farmland historically used for cropland, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which such a conclusion was reached.
</P>
<P>(3) If the reconnaissance inspection indicates that land within the proposed permit area may be prime farmland historically used for cropland, the applicant shall determine if a soil survey exists for those lands and whether soil mapping units in the permit area have been designated as prime farmland. If no soil survey exists, the applicant shall have a soil survey made of the lands within the permit area which the reconnaissance inspection indicates could be prime farmland. Soil surveys of the detail used by the U.S. Soil Conservation Service for operational conservation planning shall be used to identify and locate prime farmland soils.
</P>
<P>(i) If the soil survey indicates that no prime farmland soils are present within the proposed permit area, paragraph (b)(2) of this section shall apply.
</P>
<P>(ii) If the soil survey indicates that prime farmland soils are present within the proposed permit area, paragraph (c) of this section shall apply.
</P>
<P>(c) <I>Application contents—Prime farmland.</I> All permit applications for areas in which prime farmland has been identified within the proposed permit area shall include the following:
</P>
<P>(1) A soil survey of the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in U.S. Department of Agriculture Handbooks 436 “Soil Taxonomy” (U.S. Soil Conservation Service, 1975) as amended on March 22, 1982 and October 5, 1982, and 18, “Soil Survey Manual” (U.S. Soil Conservation Service, 1951), as amended on December 18, 1979, May 7, 1980, May 9, 1980, September 11, 1980, June 9, 1981, June 29, 1981, November 16, 1982. The U.S. Soil Conservation Service establishes the standards of the National Cooperative Soil Survey and maintains a National Soils Handbook which gives current acceptable procedures for conducting soil surveys. This National Soils Handbook is available for review at area and State SCS offices.
</P>
<P>(i) U.S. Department of Agriculture Handbooks 436 and 18 are incorporated by reference as they exist on the date of adoption of this section. Notices of changes made to these publications will be periodically published by OSM in the <E T="04">Federal Register.</E> The handbooks are on file and available for inspection at the OSM Central Office, U.S. Department of the Interior, 1951 Constitution Avenue NW., Washington, DC, at each OSM Technical Center and Field Office, and at the central office of the applicable State regulatory authority, if any. Copies of these documents are also available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock Nos. 001-000-02597-0 and 001-000-00688-6, respectively. In addition, these documents are available for inspection at the national, State, and area offices of the Soil Conservation Service, U.S. Department of Agriculture, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I> Incorporation by reference provisions were approved by the Director of the Federal Register on June 29, 1981.
</P>
<P>(ii) The soil survey shall include a description of soil mapping units and a representative soil profile as determined by the U.S. Soil Conservation Service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil-profile descriptions from the locality, prepared according to the standards of the National Cooperative Soil Survey, may be used if their use is approved by the State Conservationist, U.S. Soil Conservation Service. The regulatory authority may request the operator to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil-reconstruction standards of part 823 of this chapter.
</P>
<P>(2) A plan for soil reconstruction, replacement, and stabilization for the purpose of establishing the technological capability of the mine operator to comply with the requirements of part 823 of this chapter.
</P>
<P>(3) Scientific data, such as agricultural-school studies, for areas with comparable soils, climate, and management that demonstrate that the proposed method of reclamation, including the use of soil mixtures or substitutes, if any, will achieve, within a reasonable time, levels of yield equivalent to, or higher than, those of nonmined prime farmland in the surrounding area.
</P>
<P>(4) The productivity prior to mining, including the average yield of food, fiber, forage, or wood products obtained under a high level of management.
</P>
<P>(d) <I>Consultation with Secretary of Agriculture.</I> (1) The Secretary of Agriculture has responsibilities with respect to prime farmland soils and has assigned the prime farmland responsibilities arising under the Act to the Chief of the U.S. Soil Conservation Service. The U.S. Soil Conservation Service shall carry out consultation and review through the State Conservationist located in each State.
</P>
<P>(2) The State Conservationist shall provide to the regulatory authority a list of prime farmland soils, their location, physical and chemical characteristics, crop yields, and associated data necessary to support adequate prime farmland soil descriptions.
</P>
<P>(3) The State Conservationist shall assist the regulatory authority in describing the nature and extent of the reconnaissance inspection required in paragraph (b)(1) of this section.
</P>
<P>(4) Before any permit is issued for areas that include prime farmland, the regulatory authority shall consult with the State Conservationist. The State Conservationist shall provide for the review of, and comment on, the proposed method of soil reconstruction in the plan submitted under paragraph (c) of this section. If the State Conservationist considers those methods to be inadequate, he or she shall suggest revisions to the regulatory authority which result in more complete and adequate reconstruction.
</P>
<P>(e) <I>Issuance of permit.</I> A permit for the mining and reclamation of prime farmland may be granted by the regulatory authority, if it first finds, in writing, upon the basis of a complete application, that—
</P>
<P>(1) The approved proposed postmining land use of these prime farmlands will be cropland;
</P>
<P>(2) The permit incorporates as specific conditions the contents of the plan submitted under paragraph (c) of this section, after consideration of any revisions to that plan suggested by the State Conservationist under paragraph (d)(4) of this section;
</P>
<P>(3) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and
</P>
<P>(4) The proposed operations will be conducted in compliance with the requirements of 30 CFR part 823 and other environmental protection performance and reclamation standards for mining and reclamation of prime farmland of the regulatory program.
</P>
<P>(5) The aggregate total prime farmland acreage shall not be decreased from that which existed prior to mining. Water bodies, if any, to be constructed during mining and reclamation operations must be located within the post-reclamation non-prime farmland portions of the permit area. The creation of any such water bodies must be approved by the regulatory authority and the consent of all affected property owners within the permit area must be obtained.
</P>
<CITA TYPE="N">[44 FR 15370, Mar. 13, 1979, as amended at 46 FR 47722, Sept. 29, 1981; 48 FR 21462, May 12, 1983; 53 FR 40839, Oct. 18, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 785.18" NODE="30:3.0.1.7.42.0.1.11" TYPE="SECTION">
<HEAD>§ 785.18   Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining activities.</HEAD>
<P>(a) <I>Scope.</I> This section shall apply to any person or persons conducting or intending to conduct combined surface and underground mining activities where a variance is requested from the contemporaneous reclamation requirements of § 816.100 of this chapter.
</P>
<P>(b) <I>Application contents for variances.</I> Any person desiring a variance under this section shall file with the regulatory authority complete applications for both the surface mining activities and underground mining activities which are to be combined. The reclamation and operation plans for these permits shall contain appropriate narratives, maps, and plans, which—
</P>
<P>(1) Show why the proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the coal;
</P>
<P>(2) Show how multiple future disturbances of surface lands or waters will be avoided;
</P>
<P>(3) Identify the specific surface areas for which a variance is sought and the sections of the Act, this chapter, and the regulatory program from which a variance is being sought;
</P>
<P>(4) Show how the activities will comply with § 816.79 of this chapter and other applicable requirements of the regulatory program;
</P>
<P>(5) Show why the variance sought is necessary for the implementation of the proposed underground mining activities;
</P>
<P>(6) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of surface mining activities is delayed; and
</P>
<P>(7) Show how offsite storage of spoil will be conducted to comply with the requirements of the Act, §§ 816.71 through 816.74 of this chapter, and the regulatory program.
</P>
<P>(c) <I>Issuance of permit.</I> A permit incorporating a variance under this section may be issued by the regulatory authority if it first finds, in writing, upon the basis of a complete application filed in accordance with this section, that—
</P>
<P>(1) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining activities;
</P>
<P>(2) The proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;
</P>
<P>(3) The applicant has satisfactorily demonstrated that the applications for the surface mining activities and underground mining activities conform to the requirements of the regulatory program and that all other permits necessary for the underground mining activities have been issued by the appropriate authority;
</P>
<P>(4) The surface area of surface mining activities proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining activities;
</P>
<P>(5) No substantial adverse environmental damage, either onsite or offsite, will result from the delay in completion of reclamation otherwise required by section 515(b)(16) of the Act, part 816 of this chapter, and the regulatory program;
</P>
<P>(6) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of § 816.79 of this chapter and the regulatory program;
</P>
<P>(7) Provisions for offsite storage of spoil will comply with the requirements of section 515(b)(22) of the Act, §§ 816.71 through 816.74 of this chapter, and the regulatory program;
</P>
<P>(8) Liability under the performance bond required to be filed by the applicant with the regulatory authority pursuant to subchapter J of this chapter and the regulatory program will be for the duration of the underground mining activities and until all requirements of subchapter J and the regulatory program have been complied with; and
</P>
<P>(9) The permit for the surface mining activities contains specific conditions—
</P>
<P>(i) Delineating the particular surface areas for which a variance is authorized;
</P>
<P>(ii) Identifying the applicable provisions of section 515(b) of the Act, part 816 of this chapter, and the regulatory program; and
</P>
<P>(iii) Providing a detailed schedule for compliance with the provisions of this section.
</P>
<P>(d) <I>Review of permits containing variances.</I> Variances granted by permits issued under this section shall be reviewed by the regulatory authority no later than 3 years from the dates of issuance of the permit and any permit renewals.
</P>
<CITA TYPE="N">[48 FR 24651, June 1, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 785.19" NODE="30:3.0.1.7.42.0.1.12" TYPE="SECTION">
<HEAD>§ 785.19   Surface coal mining and reclamation operations on areas or adjacent to areas including alluvial valley floors in the arid and semiarid areas west of the 100th meridian.</HEAD>
<P>(a) <I>Alluvial valley floor determination.</I> (1) Permit applicants who propose to conduct surface coal mining and reclamation operations within a valley holding a stream or in a location where the permit area or adjacent area includes any stream, in the arid and semiarid regions of the United States, as an initial step in the permit process, may request the regulatory authority to make an alluvial valley floor determination with respect to that valley floor. The applicant shall demonstrate and the regulatory authority shall determine, based on either available data or field studies submitted by the applicant, or a combination of available data and field studies, the presence or absence of an alluvial valley floor. Studies shall include sufficiently detailed geologic, hydrologic, land use, soils, and vegetation data and analysis to demonstrate the probable existence of an alluvial valley floor in the area. The regulatory authority may require additional data collection and analysis or other supporting documents, maps, and illustrations in order to make the determination.
</P>
<P>(2) The regulatory authority shall make a written determination as to the extent of any alluvial valley floors within the area. The regulatory authority shall determine that an alluvial valley floor exists if it finds that—
</P>
<P>(i) Unconsolidated streamlaid deposits holding streams are present; and
</P>
<P>(ii) There is sufficient water available to support agricultural activities as evidenced by—
</P>
<P>(A) The existence of current flood irrigation in the area in question;
</P>
<P>(B) The capability of an area to be flood irrigated, based on evaluations of typical regional agricultural practices, historical flood irrigation, streamflow, water quality, soils, and topography; or
</P>
<P>(C) Subirrigation of the lands in question derived from the ground-water system of the valley floor.
</P>
<P>(3) If the regulatory authority determines in writing that an alluvial valley does not exist pursuant to paragraph (a)(2) of this section, no further consideration of this section is required.
</P>
<P>(b) <I>Applicability of statutory exclusions.</I> (1) If an alluvial valley floor is identified pursuant to paragraph (a)(2) of this section and the proposed surface coal mining operation may affect this alluvial valley floor or waters that supply the alluvial valley floor, the applicant may request the regulatory authority, as a preliminary step in the permit application process, to separately determine the applicability of the statutory exclusions set forth in paragraph (b)(2) of this section. The regulatory authority may make such a determination based on the available data, may require additional data collection and analysis in order to make the determination, or may require the applicant to submit a complete permit application and not make the determination until after the complete application is evaluated.
</P>
<P>(2) An applicant need not submit the information required in paragraphs (d)(2) (ii) and (iii) of this section and a regulatory authority is not required to make the findings of paragraphs (e)(2) (i) and (ii) of this section when the regulatory authority determines that one of the following circumstances, heretofore called statutory exclusions, exist:
</P>
<P>(i) The premining land use is undeveloped rangeland which is not significant to farming;
</P>
<P>(ii) Any farming on the alluvial valley floor that would be affected by the surface coal mining operation is of such small acreage as to be of negligible impact on the farm's agricultural production. Negligible impact of the proposed operation on farming will be based on the relative importance of the affected farmland areas of the alluvial valley floor area to the farm's total agricultural production over the life of the mine; or
</P>
<P>(iii) The circumstances set forth in § 822.12(b) (3) or (4) of this chapter exist.
</P>
<P>(3) For the purpose of this section, a farm is one or more land units on which farming is conducted. A farm is generally considered to be the combination of land units with acreage and boundaries in existence prior to August 3, 1977, or if established after August 3, 1977, with those boundaries based on enhancement of the farm's agricultural productivity and not related to surface coal operations.
</P>
<P>(c) <I>Summary denial.</I> If the regulatory authority determines that the statutory exclusions are not applicable and that any of the required findings of paragraph (e)(2) of this section cannot be made, the regulatory authority may, at the request of the applicant:
</P>
<P>(1) Determine that mining is precluded on the proposed permit area and deny the permit without the applicant filing any additional information required by this section; or
</P>
<P>(2) Prohibit surface coal mining and reclamation operations in all or parts of the area to be affected by mining.
</P>
<P>(d) <I>Application contents for operations affecting designated alluvial valley floors.</I> (1) If land within the permit area or adjacent area is identified as an alluvial valley floor and the proposed surface coal mining operation may affect an alluvial valley floor or waters supplied to an alluvial valley floor, the applicant shall submit a complete application for the proposed surface coal mining and reclamation operations to be used by the regulatory authority together with other relevant information as a basis for approval or denial of the permit. If an exclusion of paragraph (b)(2) of this section applies, then the applicant need not submit the information required in paragraphs (d)(2) (ii) and (iii) of this section.
</P>
<P>(2) The complete application shall include detailed surveys and baseline data required by the regulatory authority for a determination of—
</P>
<P>(i) The essential hydrologic functions of the alluvial valley floor which might be affected by the mining and reclamation process. The information required by this subparagraph shall evaluate those factors which contribute to the collecting, storing, regulating and making the natural flow of water available for agricultural activities on the alluvial valley floor and shall include, but are not limited to:
</P>
<P>(A) Factors contributing to the function of collecting water, such as amount, rate and frequency of rainfall and runoff, surface roughness, slope and vegetative cover, infiltration, and evapotranspiration, relief, slope and density of drainage channels;
</P>
<P>(B) Factors contributing to the function of storing water, such as permeability, infiltration, porosity, depth and direction of ground water flow, and water holding capacity;
</P>
<P>(C) Factors contributing to the function of regulating the flow of surface and ground water, such as the longitudinal profile and slope of the valley and channels, the sinuosity and cross-sections of the channels, interchange of water between streams and associated alluvial and bedrock aquifers, and rates and amount of water supplied by these aquifers; and
</P>
<P>(D) Factors contributing to water availability, such as the presence of flood plains and terraces suitable for agricultural activities.
</P>
<P>(ii) Whether the operation will avoid during mining and reclamation the interruption, discontinuance, or preclusion of farming on the alluvial valley floor;
</P>
<P>(iii) Whether the operation will cause material damage to the quantity or quality of surface or ground waters supplied to the alluvial valley floor;
</P>
<P>(iv) Whether the reclamation plan is in compliance with requirements of the Act, this chapter, and regulatory program; and
</P>
<P>(v) Whether the proposed monitoring system will provide sufficient information to measure compliance with part 822 of this chapter during and after mining and reclamation operations.
</P>
<P>(e) <I>Findings.</I> (1) The findings of paragraphs (e)(2) (i) and (ii) of this section are not required with regard to alluvial valley floors to which are applicable any of the exclusions of paragraph (b)(2) of this section.
</P>
<P>(2) No permit or permit revision application for surface coal mining and reclamation operations on lands located west of the 100th meridian west longitude shall be approved by the regulatory authority unless the application demonstrates and the regulatory authority finds in writing, on the basis of information set forth in the application, that—
</P>
<P>(i) The proposed operations will not interrupt, discontinue, or preclude farming on an alluvial valley floor;
</P>
<P>(ii) The proposed operations will not materially damage the quantity or quality of water in surface and underground water systems that supply alluvial valley floors; and
</P>
<P>(iii) The proposed operations will comply with part 822 of this chapter and the other applicable requirements of the Act and the regulatory program.
</P>
<CITA TYPE="N">[48 FR 29820, June 28, 1983, as amended at 54 FR 9735, Mar. 7, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 785.20" NODE="30:3.0.1.7.42.0.1.13" TYPE="SECTION">
<HEAD>§ 785.20   Augering.</HEAD>
<P>(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing augering operations.
</P>
<P>(b) Any application for a permit for operations covered by this section shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with 30 CFR part 819.
</P>
<P>(c) No permit shall be issued for any operations covered by this section unless the regulatory authority finds, in writing, that in addition to meeting all other applicable requirements of this subchapter, the operation will be conducted in compliance with 30 CFR part 819.


</P>
</DIV8>


<DIV8 N="§ 785.21" NODE="30:3.0.1.7.42.0.1.14" TYPE="SECTION">
<HEAD>§ 785.21   Coal preparation plants not located within the permit area of a mine.</HEAD>
<P>(a) This section applies to any person who operates or intends to operate a coal preparation plant in connection with a coal mine but outside the permit area for a specific mine. Any person who operates such a preparation plant shall obtain a permit from the regulatory authority in accordance with the requirements of this section
</P>
<P>(b) Any application for a permit for operations covered by this section shall contain an operation and reclamation plan which specifies plans, including descriptions, maps, and cross sections, of the construction, operation, maintenance, and removal of the preparation plant and support facilities operated incident thereto or resulting therefrom. The plan shall demonstrate that those operations will be conducted in compliance with part 827 of this chapter.
</P>
<P>(c) No permit shall be issued for any operation covered by this section, unless the regulatory authority finds in writing that, in addition to meeting all other applicable requirements of this subchapter, the operations will be conducted in compliance with the requirements of part 827 of this chapter.
</P>
<P>(d)(1) Except as provided in paragraph (d)(2) of this section, any person who operates a coal preparation plant beyond May 10, 1986, that was not subject to this chapter before July 6, 1984, shall have applied for a permit no later than November 11, 1985.
</P>
<P>(2)(i) State programs that have a statutory or regulatory bar precluding issuance of permits to facilities covered by paragraph (d)(1) of this section shall notify OSMRE not later than November 7, 1985, and shall establish a schedule for actions necessary to allow the permitting of such facilities as soon as practicable. Not later than December 9, 1985, this schedule shall be submitted to OSMRE for approval.
</P>
<P>(ii) Any person who operates a coal preparation plant that was not subject to this chapter before July 6, 1984, in a state which submits a schedule in accordance with paragraph (d)(2)(i) of this section shall apply for a permit in accordance with the schedule approved by OSMRE.
</P>
<P>(e) Notwithstanding § 773.4 of this chapter and except as prohibited by § 761.11 of this chapter, any person operating a coal preparation plant that was not subject to this chapter before July 6, 1984, may continue to operate without a permit until May 10, 1986, and may continue to operate beyond that date if:
</P>
<P>(1) A permit application has been timely filed under paragraph (d)(1) of this section or under a State imposed schedule specified in paragraph (d)(2) of this section,
</P>
<P>(2) The regulatory authority has yet to either issue or deny the permit, and
</P>
<P>(3) The person complies with the applicable performance standards of § 827.13 of this chapter.
</P>
<CITA TYPE="N">[48 FR 20401, May 5, 1983, as amended at 52 FR 17730, May 11, 1987; 53 FR 47391, Nov. 22, 1988, as amended at 65 FR 79669, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 785.22" NODE="30:3.0.1.7.42.0.1.15" TYPE="SECTION">
<HEAD>§ 785.22   In situ processing activities.</HEAD>
<P>(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing in situ processing activities.
</P>
<P>(b) Any application for a permit for operations covered by this section shall be made according to all requirements of this subchapter applicable to underground mining activities. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of 30 CFR part 828, including—
</P>
<P>(1) Delineation of proposed holes and wells and production zone for approval of the regulatory authority;
</P>
<P>(2) Specifications of drill holes and casings proposed to be used;
</P>
<P>(3) A plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids, or liquids constituting a fire, health, safety or environmental hazard caused by the mining and recovery process; and
</P>
<P>(4) Plans for monitoring surface and ground water and air quality, as required by the regulatory authority.
</P>
<P>(c) No permit shall be issued for operations covered by this section, unless the regulatory authority first finds, in writing, upon the basis of a complete application made in accordance with paragraph (b) of this section, that the operation will be conducted in compliance with all requirements of this subchapter relating to underground mining activities, and 30 CFR parts 817 and 828.


</P>
</DIV8>


<DIV8 N="§ 785.25" NODE="30:3.0.1.7.42.0.1.16" TYPE="SECTION">
<HEAD>§ 785.25   Lands eligible for remining.</HEAD>
<P>(a) This section contains permitting requirements to implement § 773.13. Any person who submits a permit application to conduct a surface coal mining operation on lands eligible for remining must comply with this section.
</P>
<P>(b) Any application for a permit under this section shall be made according to all requirements of this subchapter applicable to surface coal mining and reclamation operations. In addition, the application shall—
</P>
<P>(1) To the extent not otherwise addressed in the permit application, identify potential environmental and safety problems related to prior mining activity at the site and that could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.
</P>
<P>(2) With regard to potential environmental and safety problems referred to in paragraph (b)(1) of this section, describe the mitigative measures that will be taken to ensure that the applicable reclamation requirements of the regulatory program can be met. 
</P>
<CITA TYPE="N">[60 FR 58491, Nov. 27, 1995, as amended at 65 FR 79669, Dec. 19, 2000; 73 FR 67630, Nov. 14, 2008; 81 FR 93381, Dec. 20, 2016; 82 FR 54965, Nov. 17, 2017]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="H" NODE="30:3.0.1.8" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER H—SMALL OPERATOR ASSISTANCE 


</HEAD>

<DIV5 N="795" NODE="30:3.0.1.8.43" TYPE="PART">
<HEAD>PART 795—PERMANENT REGULATORY PROGRAM—SMALL OPERATOR ASSISTANCE PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 2272, Jan. 18, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 795.1" NODE="30:3.0.1.8.43.0.1.1" TYPE="SECTION">
<HEAD>§ 795.1   Scope and purpose.</HEAD>
<P>This part comprises the Small Operator Assistance Program (SOAP) and establishes the procedures for providing assistance to eligible operators by the program administrator. It is an elective means for a regulatory authority to satisfy the requirements of section 507(c) of the Act. The purpose of the program is to provide for eligible operators a determination of probable hydrologic consequences and a statement of results of test borings or core samplings which are required components of the permit application under subchapter G of this chapter.


</P>
</DIV8>


<DIV8 N="§ 795.3" NODE="30:3.0.1.8.43.0.1.2" TYPE="SECTION">
<HEAD>§ 795.3   Definitions.</HEAD>
<P>As used in this part—
</P>
<P><I>Program administrator</I> means the State of Federal official within the regulatory authority who has the authority and responsibility for overall management of the Small Operator Assistance Program; and
</P>
<P><I>Qualified laboratory</I> means a designated public agency, private firm, institution, or analytical laboratory that can provide the required determination of probable hydrologic consequences or statement of results of test borings or core samplings or other services as specified at § 795.9 under the Small Operator Assistance Program and that meets the standards of § 795.10.
</P>
<CITA TYPE="N">[48 FR 2272, Jan. 18, 1983, as amended at 59 FR 28167, May 31, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 795.4" NODE="30:3.0.1.8.43.0.1.3" TYPE="SECTION">
<HEAD>§ 795.4   Information collection.</HEAD>
<P>The collections of information contained in part 795 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0061. The information will be used to determine if the applicants meet the requirements of the Small Operator Assistance Program. Response is required to obtain a benefit in accordance with Public Law 95-87. Public reporting burden for this information is estimated to average 24.2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer (MS-202), 1951 Constitution Avenue, NW., Washington, DC 20240.
</P>
<CITA TYPE="N">[59 FR 28167, May 31, 1994, as amended at 75 FR 60275, Sept. 29, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 795.5" NODE="30:3.0.1.8.43.0.1.4" TYPE="SECTION">
<HEAD>§ 795.5   Grant application procedures.</HEAD>
<P>A State intending to administer a Small Operator Assistance Program under a grant from the Office of Surface Mining may submit a grant application to OSM for funding of the program under the procedures of part 735 of this chapter.


</P>
</DIV8>


<DIV8 N="§ 795.6" NODE="30:3.0.1.8.43.0.1.5" TYPE="SECTION">
<HEAD>§ 795.6   Eligibility for assistance.</HEAD>
<P>(a) An applicant is eligible for assistance if he or she—
</P>
<P>(1) Intends to apply for a permit pursuant to the Act;
</P>
<P>(2) Establishes that his or her probable total attributed annual production from all locations on which the operator is issued the surface coal mining and reclamation permit will not exceed 300,000 tons. Production from the following operations shall be attributed to the applicant:
</P>
<P>(i) The pro rata share, based upon percentage of ownership of applicant, of coal produced by operations in which the applicant owns more than a 10 percent interest;
</P>
<P>(ii) The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than 10 percent of the applicant's operation;
</P>
<P>(iii) All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management;
</P>
<P>(iv) All coal produced by operations owned by members of the applicant's family and the applicants' relatives, unless it is established that there is no direct or indirect business relationship between or among them.
</P>
<P>(3) Is not restricted in any manner from receiving a permit under the permanent regulatory program; and
</P>
<P>(4) Does not organize or reorganize his or her company solely for the purpose of obtaining assistance under the SOAP.
</P>
<P>(b) A State may provide alternate criteria or procedures for determining the eligibility of an operator for assistance under the program, provided that such criteria may not be used as a basis for grant requests in excess of that which would be authorized under the criteria of paragraph (a) of this section.
</P>
<CITA TYPE="N">[48 FR 2272, Jan. 18, 1983, as amended at 59 FR 28168, May 31, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 795.7" NODE="30:3.0.1.8.43.0.1.6" TYPE="SECTION">
<HEAD>§ 795.7   Filing for assistance.</HEAD>
<P>Each application for assistance shall include the following information:
</P>
<P>(a) A statement of the operator's intent to file a permit application.
</P>
<P>(b) The names and addresses of—
</P>
<P>(1) The permit applicant; and
</P>
<P>(2) The operator if different from the applicant.
</P>
<P>(c) A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under § 795.6 The schedule shall include for each location—
</P>
<P>(1) The operator or company name under which coal is or will be mined;
</P>
<P>(2) The permit number and Mine Safety and Health Administration (MSHA) number;
</P>
<P>(3) The actual coal production during the year preceding the year for which the applicant applies for assistance and production that may be attributed to the applicant under § 795.6; and
</P>
<P>(4) The estimated coal production and any production which may be attributed to the applicant for each year of the proposed permit.
</P>
<P>(d) A description of—
</P>
<P>(1) The proposed method of coal mining;
</P>
<P>(2) The anticipated starting and termination dates of mining operations;
</P>
<P>(3) The number of acres of land to be affected by the proposed mining operation; and
</P>
<P>(4) A general statement on the probable depth and thickness of the coal resource including a statement of reserves in the permit area and the method by which they were calculated.
</P>
<P>(e) A U.S. Geological Survey topographic map at a scale of 1:24,000 or larger or other topographic map of equivalent detail which clearly shows—
</P>
<P>(1) The area of land to be affected;
</P>
<P>(2) The location of any existing or proposed test borings; and
</P>
<P>(3) The location and extent of known workings of any underground mines.
</P>
<P>(f) Copies of documents which show that—
</P>
<P>(1) The applicant has a legal right to enter and commence mining within the permit area; and
</P>
<P>(2) A legal right of entry has been obtained for the program administrator and laboratory personnel to inspect the lands to be mined and adjacent areas to collect environmental data or to install necessary instruments.


</P>
</DIV8>


<DIV8 N="§ 795.8" NODE="30:3.0.1.8.43.0.1.7" TYPE="SECTION">
<HEAD>§ 795.8   Application approval and notice.</HEAD>
<P>(a) If the program administrator finds the applicant eligible, he or she shall inform the applicant in writing that the application is approved.
</P>
<P>(b) If the program administrator finds the applicant ineligible, he or she shall inform the applicant in writing that the application is denied and shall state the reasons for denial. 


</P>
</DIV8>


<DIV8 N="§ 795.9" NODE="30:3.0.1.8.43.0.1.8" TYPE="SECTION">
<HEAD>§ 795.9   Program services and data requirements.</HEAD>
<P>(a) To the extent possible with available funds, the program administrator shall select and pay a qualified laboratory to make the determination and statement and provide other services referenced in paragraph (b) of this section for eligible operators who request assistance.
</P>
<P>(b) The program administrator shall determine the data needed for each applicant or group of applicants. Data collected and the results provided to the program administrator shall be sufficient to satisfy the requirements for:
</P>
<P>(1) The determination of the probable hydrologic consequences of the surface mining and reclamation operation in the proposed permit area and adjacent areas, including the engineering analyses and designs necessary for the determination in accordance with §§ 780.21(f), 784.14(e), and any other applicable provisions of this chapter;
</P>
<P>(2) The drilling and statement of the results of test borings or core samplings for the proposed permit area in accordance with §§ 780.22(b) and 784.22(b) and any other applicable provisions of this chapter;
</P>
<P>(3) The development of cross-section maps and plans required by §§ 779.25 and 783.25;
</P>
<P>(4) The collection of archaeological and historic information and related plans required by §§ 779.12(b) and 783.12(b) and §§ 780.31 and 784.17 and any other archaeological and historic information required by the regulatory authority;
</P>
<P>(5) Pre-blast surveys required by § 780.13; and
</P>
<P>(6) The collection of site-specific resources information, the production of protection and enhancement plans for fish and wildlife habitats required by §§ 780.16 and 784.21, and information and plans for any other environmental values required by the regulatory authority under the act.
</P>
<P>(c) Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the operator.
</P>
<P>(d) Data collected under this program shall be made publicly available in accordance with § 773.6(d) of this chapter. The program administrator shall develop procedures for interstate coordination and exchange of data.
</P>
<CITA TYPE="N">[48 FR 2272, Jan. 18, 1983, as amended at 48 FR 44780, Sept. 30, 1983; 59 FR 28168, May 31, 1994, as amended at 65 FR 79670, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 795.10" NODE="30:3.0.1.8.43.0.1.9" TYPE="SECTION">
<HEAD>§ 795.10   Qualified laboratories.</HEAD>
<P>(a) <I>Basic qualifications.</I> To be designated a qualified laboratory, a firm shall demonstrate that it—
</P>
<P>(1) Is staffed with experienced, professional or technical personnel in the fields applicable to the work to be performed;
</P>
<P>(2) Has adequate space for material preparation and cleaning and sterilizing equipment and has stationary equipment, storage, and space to accommodate workloads during peak periods;
</P>
<P>(3) Meets applicable Federal or State safety and health requirements;
</P>
<P>(4) Has analytical, monitoring and measuring equipment capable of meeting applicable standards; and
</P>
<P>(5) Has the capability of collecting necessary field samples and making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic, geologic, or analytical methods in accordance with the requirements of §§ 780.21, 780.22, 784.14 and 784.22 and any other applicable provisions of this chapter. Other appropriate methods or guidelines for data acquisition may be approved by the program administrator.
</P>
<P>(6) Has the capability of performing services for either the determination or statement referenced in § 795.9(b).
</P>
<P>(b) <I>Subcontractors.</I> Subcontractors, may be used to provide some of the required services provided their use is identified at the time a determination is made that a firm is qualified and they meet requirements specified by the program administrator.


</P>
</DIV8>


<DIV8 N="§ 795.11" NODE="30:3.0.1.8.43.0.1.10" TYPE="SECTION">
<HEAD>§ 795.11   Assistance funding.</HEAD>
<P>(a) <I>Use of funds.</I> Funds specifically authorized for this program shall be used to provide the services specified in § 795.9 and shall not be used to cover administrative expenses.
</P>
<P>(b) <I>Allocation of funds.</I> The program administrator shall establish a formula for allocating funds to provide services for eligible small operators if available funds are less than those required to provide the services pursuant to this part.


</P>
</DIV8>


<DIV8 N="§ 795.12" NODE="30:3.0.1.8.43.0.1.11" TYPE="SECTION">
<HEAD>§ 795.12   Applicant liability.</HEAD>
<P>(a) A coal operator who has received assistance pursuant to § 795.9 shall reimburse the regulatory authority for the cost of the services rendered if:
</P>
<P>(1) The applicant submits false information, fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report, or fails to mine after obtaining a permit;
</P>
<P>(2) The program administrator finds that the operator's actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit; or
</P>
<P>(3) The permit is sold, transferred, or assigned to another person and the transferee's total actual and attributed production exceeds the 300,000 ton production limit during the 12 months immediately following the date on which the permit was originally issued. Under this paragraph the applicant and its successor are jointly and severally obligated to reimburse the regulatory authority.
</P>
<P>(b) The program administrator may waive the reimbursement obligation if he or she finds that the applicant at all times acted in good faith.
</P>
<CITA TYPE="N">[48 FR 2272, Jan. 18, 1983, as amended at 59 FR 28168, May 31, 1994]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="I [RESERVED]   " NODE="30:3.0.1.9" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER I [RESERVED]


</HEAD>
</DIV4>


<DIV4 N="J" NODE="30:3.0.1.10" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER J—PERFORMANCE BOND, FINANCIAL ASSURANCE, AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS


</HEAD>

<DIV5 N="800" NODE="30:3.0.1.10.44" TYPE="PART">
<HEAD>PART 800—BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS UNDER REGULATORY PROGRAMS 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.,</I> as amended; and Pub. L. 100-34.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 32959, July 19, 1983, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54972, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 800 made effective on Jan. 19, 2017, at 81 FR 93381, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 800.1" NODE="30:3.0.1.10.44.0.1.1" TYPE="SECTION">
<HEAD>§ 800.1   Scope and purpose.</HEAD>
<P>This part sets forth the minimum requirements for filing and maintaining bonds and insurance for surface coal mining and reclamation operations under regulatory programs in accordance with the Act.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.4" NODE="30:3.0.1.10.44.0.1.2" TYPE="SECTION">
<HEAD>§ 800.4   Regulatory authority responsibilities.</HEAD>
<P>(a) The regulatory authority shall prescribe and furnish forms for filing performance bonds.
</P>
<P>(b) The regulatory authority shall prescribe by regulation terms and conditions for performance bonds and insurance.
</P>
<P>(c) The regulatory authority shall determine the amount of the bond for each area to be bonded, in accordance with § 800.14. The regulatory authority shall also adjust the amount as acreage in the permit area is revised, or when other relevant conditions change according to the requirements of § 800.15.
</P>
<P>(d) The regulatory authority may accept a self-bond if the permittee meets the requirements of § 800.23 and any additional requirements in the State or Federal program.
</P>
<P>(e) The regulatory authority shall release liability under a bond or bonds in accordance with § 800.40.
</P>
<P>(f) If the conditions specified in § 800.50 occur, the regulatory authority shall take appropriate action to cause all or part of a bond to be forfeited in accordance with procedures of that section.
</P>
<P>(g) The regulatory authority shall require in the permit that adequate bond coverage be in effect at all times. Except as provided in § 800.16(e)(2), operating without a bond is a violation of a condition upon which the permit is issued.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.5" NODE="30:3.0.1.10.44.0.1.3" TYPE="SECTION">
<HEAD>§ 800.5   Definitions.</HEAD>
<P>(a) <I>Surety bond</I> means an indemnity agreement in a sum certain payable to the regulatory authority, executed by the permittee as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in the State where the operation is located.
</P>
<P>(b) <I>Collateral bond</I> means an indemnity agreement in a sum certain executed by the permittee as principal which is supported by the deposit with the regulatory authority of one or more of the following:
</P>
<P>(1) A cash account, which shall be the deposit of cash in one or more federally-insured or equivalently protected accounts, payable only to the regulatory authority upon demand, or the deposit of cash directly with the regulatory authority;
</P>
<P>(2) Negotiable bonds of the United States, a State, or a municipality, endorsed to the order of, and placed in the possession of, the regulatory authority;
</P>
<P>(3) Negotiable certificates of deposit, made payable or assigned to the regulatory authority and placed in its possession or held by a federally-insured bank;
</P>
<P>(4) An irrevocable letter of credit of any bank organized or authorized to transact business in the United States, payable only to the regulatory authority upon presentation;
</P>
<P>(5) A perfected, first-lien security interest in real property in favor of the regulatory authority; or
</P>
<P>(6) Other investment-grade rated securities having a rating of AAA, AA, or A or an equivalent rating issued by a nationally recognized securities rating service, endorsed to the order of, and placed in the possession of, the regulatory authority.
</P>
<P>(c) <I>Self-bond</I> means an indemnity agreement in a sum certain executed by the applicant or by the applicant and any corporate guarantor and made payable to the regulatory authority, with or without separate surety.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 53 FR 997, Jan. 14, 1988; 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.10" NODE="30:3.0.1.10.44.0.1.4" TYPE="SECTION">
<HEAD>§ 800.10   Information collection.</HEAD>
<P>The collection of information contained in §§ 800.11, 800.21(c), 800.23(b)(2), 800.23(b)(3), 800.40(a), and 800.60(a) have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0043. The information will be used to determine if reclamation bonds are sufficient to comply with the Act. Response is required to obtain a benefit in accordance with the requirements of 30 U.S.C. 1201 <I>et seq.</I> Public reporting burden for this collection of information is estimated to average 28 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspects of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951 Constitution Avenue NW., rm 5415 L, Washington, DC 20240 and the Office of Management and Budget, Paperwork Reduction Project (1029-0043), Washington, DC 20503.
</P>
<CITA TYPE="N">[56 FR 59994, Nov. 26, 1991, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.11" NODE="30:3.0.1.10.44.0.1.5" TYPE="SECTION">
<HEAD>§ 800.11   Requirement to file a bond.</HEAD>
<P>(a) After a permit application under subchapter G of this chapter has been approved, but before a permit is issued, the applicant shall file with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a bond or bonds for performance made payable to the regulatory authority and conditioned upon the faithful performance of all the requirements of the Act, the regulatory program, the permit, and the reclamation plan.
</P>
<P>(b)(1) The bond or bonds shall cover the entire permit area, or an identified increment of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations during the initial term of the permit.
</P>
<P>(2) As surface coal mining and reclamation operations on succeeding increments are initiated and conducted within the permit area, the permittee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance with this section.
</P>
<P>(3) The operator shall identify the initial and successive areas or increments for bonding on the permit application map submitted for approval as provided in the application (under parts 780 and 784 of this chapter), and shall specify the bond amount to be provided for each area or increment.
</P>
<P>(4) Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the regulatory authority become necessary pursuant to § 800.50.
</P>
<P>(c) An operator shall not disturb any surface areas, succeeding increments, or extend any underground shafts, tunnels or operations prior to acceptance by the regulatory authority of the required performance bond.
</P>
<P>(d) The applicant shall file, with the approval of the regulatory authority, a bond or bonds under one of the following schemes to cover the bond amounts for the permit area as determined in accordance with § 800.14:
</P>
<P>(1) A performance bond or bonds for the entire permit area;
</P>
<P>(2) A cumulative bond schedule and the performance bond required for full reclamation of the initial area to be disturbed; or
</P>
<P>(3) An incremental bond schedule and the performance bond required for the first increment in the schedule.
</P>
<P>(e) OSM may approve, as part of a State or Federal program, an alternative bonding system, if it will achieve the following objectives and purposes of the bonding program:
</P>
<P>(1) The alternative must assure that the regulatory authority will have available sufficient money to complete the reclamation plan for any areas which may be in default at any time; and
</P>
<P>(2) The alternative must provide a substantial economic incentive for the permittee to comply with all reclamation provisions.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.12" NODE="30:3.0.1.10.44.0.1.6" TYPE="SECTION">
<HEAD>§ 800.12   Form of the performance bond.</HEAD>
<P>The regulatory authority shall prescribe the form of the performance bond. The regulatory authority may allow for:
</P>
<P>(a) A surety bond;
</P>
<P>(b) A collateral bond;
</P>
<P>(c) A self-bond; or
</P>
<P>(d) A combination of any of these bonding methods.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.13" NODE="30:3.0.1.10.44.0.1.7" TYPE="SECTION">
<HEAD>§ 800.13   Period of liability.</HEAD>
<P>(a)(1) Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the operator's period of extended responsibility for successful revegetation provided in § 816.116 or § 817.116 of this chapter or until achievement of the reclamation requirements of the Act, regulatory programs, and permit, whichever is later.
</P>
<P>(2) With the approval of regulatory authority, a bond may be posted and approved to guarantee specific phases of reclamation within the permit area provided the sum of phase bonds posted equals or exceeds the total amount required under §§ 800.14 and 800.15. The scope of work to be guaranteed and the liability assumed under each phase bond shall be specified in detail.
</P>
<P>(b) Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the regulatory authority. Such areas shall be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure. Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the regulatory authority.
</P>
<P>(c) If the regulatory authority approves a long-term, intensive agricultural postmining land use, in accordance with § 816.133 or § 817.133 of this chapter, the applicable 5 or 10 year period of liability shall commence at the date of initial planting for such long-term agricultural use.
</P>
<P>(d)(1) The bond liability of the permittee shall include only those actions which he or she is obligated to take under the permit, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved under § 816.133 or § 817.133 of this chapter.
</P>
<P>(2) Implementation of an alternative postmining land use approved under §§ 816.133(c) and 817.133(c) which is beyond the control of the permittee, need not be covered by the bond. Bond liability for prime farmland shall be as specified in § 800.40(c)(2).
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.14" NODE="30:3.0.1.10.44.0.1.8" TYPE="SECTION">
<HEAD>§ 800.14   Determination of bond amount.</HEAD>
<P>(a) The amount of the bond required for each bonded area shall:
</P>
<P>(1) Be determined by the regulatory authority;
</P>
<P>(2) Depend upon the requirements of the approved permit and reclamation plan;
</P>
<P>(3) Reflect the probable difficulty of reclamation, giving consideration to such factors as topography, geology, hydrology, and revegetation potential; and
</P>
<P>(4) Be based on, but not limited to, the estimated cost submitted by the permit applicant.
</P>
<P>(b) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work has to be performed by the regulatory authority in the event of forfeiture, and in no case shall the total bond initially posted for the entire area under one permit be less than $10,000.
</P>
<P>(c) An operator's financial responsibility under § 817.121(c) of this chapter for repairing material damage resulting from subsidence may be satisfied by the liability insurance policy required under § 800.60.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.15" NODE="30:3.0.1.10.44.0.1.9" TYPE="SECTION">
<HEAD>§ 800.15   Adjustment of amount.</HEAD>
<P>(a) The amount of the bond or deposit required and the terms of the acceptance of the applicant's bond shall be adjusted by the regulatory authority from time to time as the area requiring bond coverage is increased or decreased or where the cost of future reclamation changes. The regulatory authority may specify periodic times or set a schedule for reevaluating and adjusting the bond amount to fulfill this requirement.
</P>
<P>(b) The regulatory authority shall—
</P>
<P>(1) Notify the permittee, the surety, and any person with a property interest in collateral who has requested notification under § 800.21(f) of any proposed adjustment to the bond amount; and
</P>
<P>(2) Provide the permittee an opportunity for an informal conference on the adjustment.
</P>
<P>(c) A permittee may request reduction of the amount of the performance bond upon submission of evidence to the regulatory authority proving that the permittee's method of operation or other circumstances reduces the estimated cost for the regulatory authority to reclaim the bonded area. Bond adjustments which involve undisturbed land or revision of the cost estimate of reclamation are not considered bond release subject to procedures of § 800.40.
</P>
<P>(d) In the event that an approved permit is revised in accordance with subchapter G of this chapter, the regulatory authority shall review the bond for adequacy and, if necessary, shall require adjustment of the bond to conform to the permit as revised.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.16" NODE="30:3.0.1.10.44.0.1.10" TYPE="SECTION">
<HEAD>§ 800.16   General terms and conditions of bond.</HEAD>
<P>(a) The performance bond shall be in an amount determined by the regulatory authority as provided in § 800.14.
</P>
<P>(b) The performance bond shall be payable to the regulatory authority.
</P>
<P>(c) The performance bond shall be conditioned upon faithful performance of all the requirements of the Act, this chapter, the regulatory program, and the approved permit, including completion of the reclamation plan.
</P>
<P>(d) The duration of the bond shall be for the time period provided in § 800.13.
</P>
<P>(e)(1) The bond shall provide a mechanism for a bank or surety company to give prompt notice to the regulatory authority and the permittee of any action filed alleging the insolvency or bankruptcy of the surety company, the bank, or the permittee, or alleging any violations which would result in suspension or revocation of the surety or bank charter or license to do business.
</P>
<P>(2) Upon the incapacity of a bank or surety company by reason of bankruptcy, insolvency, or suspension or revocation of a charter or license, the permittee shall be deemed to be without bond coverage and shall promptly notify the regulatory authority. The regulatory authority, upon notification received through procedures of paragraph (e)(1) of this section or from the permittee, shall, in writing, notify the operator who is without bond coverage and specify a reasonable period, not to exceed 90 days, to replace bond coverage. If an adequate bond is not posted by the end of the period allowed, the operator shall cease coal extraction and shall comply with the provisions of § 816.132 or § 817.132 of this chapter and shall immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining operations shall not resume until the regulatory authority has determined that an acceptable bond has been posted.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.17" NODE="30:3.0.1.10.44.0.1.11" TYPE="SECTION">
<HEAD>§ 800.17   Bonding requirements for underground coal mines and long-term coal-related surface facilities and structures.</HEAD>
<P>(a) <I>Responsibilities.</I> The regulatory authority shall require bond coverage, in an amount determined under § 800.14, for long-term surface facilities and structures, and for areas disturbed by surface impacts incident to underground mines, for which a permit is required. Specific reclamation techniques required for underground mines and long-term facilities shall be considered in determining the amount of bond to complete the reclamation.
</P>
<P>(b) <I>Long-term period of liability.</I> (1) The period of liability for every bond covering long-term surface disturbances shall commence with the issuance of a permit, except that to the extent that such disturbances will occur on a succeeding increment to be bonded, such liability will commence upon the posting of the bond for that increment before the initial surface disturbance of that increment. The liability period shall extend until all reclamation, restoration, and abatement work under the permit has been completed and the bond is released under the provisions of § 800.40, or until the bond has been replaced or extended in accordance with § 800.17(b)(3).
</P>
<P>(2) Long-term surface disturbances shall include long-term coal-related surface facilities and structures, and surface impacts incident to underground coal mining, which disturb an area for a period that exceeds 5 years. Long-term surface disturbances include, but are not limited to: surface features of shafts and slope facilities, coal refuse areas, powerlines, bore-holes, ventilation shafts, preparation plants, machine shops, roads, and loading and treatment facilities.
</P>
<P>(3) To achieve continuous bond coverage for long-term surface disturbances, the bond shall be conditioned upon extension, replacement, or payment in full, 30 days prior to the expiration of the bond term.
</P>
<P>(4) Continuous bond coverage shall apply throughout the period of extended responsibility for successful revegetation and until the provisions of § 800.40 have been met.
</P>
<P>(c) <I>Bond forfeiture.</I> The regulatory authority shall take action to forfeit a bond pursuant to this section, if 30 days prior to bond expiration, the operator has not filed: (1) A performance bond for a new term as required for continuous coverage, or (2) a performance bond providing coverage for the period of liability, including the period of extended responsibility for successful revegetation.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.20" NODE="30:3.0.1.10.44.0.1.12" TYPE="SECTION">
<HEAD>§ 800.20   Surety bonds.</HEAD>
<P>(a) A surety bond shall be executed by the operator and a corporate surety licensed to do business in the State where the operation is located.
</P>
<P>(b) Surety bonds shall be noncancellable during their terms, except that surety bond coverage for lands not disturbed may be cancelled with the prior consent of the regulatory authority. The regulatory authority shall advise the surety, within 30 days after receipt of a notice to cancel bond, whether the bond may be cancelled on an undisturbed area.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.21" NODE="30:3.0.1.10.44.0.1.13" TYPE="SECTION">
<HEAD>§ 800.21   Collateral bonds.</HEAD>
<P>(a) Collateral bonds, except for letters of credit, cash accounts, and real property, shall be subject to the following conditions:
</P>
<P>(1) The regulatory authority shall keep custody of collateral deposited by the applicant until authorized for release or replacement as provided in this subchapter.
</P>
<P>(2) The regulatory authority shall value collateral at its current market value, not at face value.
</P>
<P>(3) The regulatory authority shall require that certificates of deposit be made payable to or assigned to the regulatory authority, both in writing and upon the records of the bank issuing the certificates. If assigned, the regulatory authority shall require the banks issuing these certificates to waive all rights of setoff or liens against those certificates.
</P>
<P>(4) The regulatory authority shall not accept an individual certificate of deposit in an amount in excess of $100,000 or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
</P>
<P>(b) Letters of credit shall be subject to the following conditions:
</P>
<P>(1) The letter may be issued only by a bank organized or authorized to do business in the United States;
</P>
<P>(2) Letters of credit shall be irrevocable during their terms. A letter of credit used as security in areas requiring continuous bond coverage shall be forfeited and shall be collected by the regulatory authority if not replaced by other suitable bond or letter of credit at least 30 days before its expiration date.
</P>
<P>(3) The letter of credit shall be payable to the regulatory authority upon demand, in part or in full, upon receipt from the regulatory authority of a notice of forfeiture issued in accordance with § 800.50.
</P>
<P>(c) Real property posted as a collateral bond shall meet the following conditions:
</P>
<P>(1) The applicant shall grant the regulatory authority a first mortgage, first deed of trust, or perfected first-lien security interest in real property with a right to sell or otherwise dispose of the property in the event of forfeiture under § 800.50.
</P>
<P>(2) In order for the regulatory authority to evaluate the adequacy of the real property offered to satisfy collateral requirements, the applicant shall submit a schedule of the real property which shall be mortgaged or pledged to secure the obligations under the indemnity agreement. The list shall include—
</P>
<P>(i) A description of the property;
</P>
<P>(ii) The fair market value as determined by an independent appraisal conducted by a certified appraiser; and
</P>
<P>(iii) Proof of possession and title to the real property.
</P>
<P>(3) The property may include land which is part of the permit area; however, land pledged as collateral for a bond under this section shall not be disturbed under any permit while it is serving as security under this section.
</P>
<P>(d) Cash accounts shall be subject to the following conditions:
</P>
<P>(1) The regulatory authority may authorize the operator to supplement the bond through the establishment of a cash account in one or more federally-insured or equivalently protected accounts made payable upon demand to, or deposited directly with, the regulatory authority. The total bond including the cash account shall not be less than the amount required under terms of performance bonds including any adjustments, less amounts released in accordance with § 800.40.
</P>
<P>(2) Any interest paid on a cash account shall be retained in the account and applied to the bond value of the account unless the regulatory authority has approved the payment of interest to the operator.
</P>
<P>(3) Certificates of deposit may be substituted for a cash account with the approval of the regulatory authority.
</P>
<P>(4) The regulatory authority shall not accept an individual cash account in an amount in excess of $100,000 or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
</P>
<P>(e)(1) The estimated bond value of all collateral posted as assurance under this section shall be subject to a margin which is the ratio of bond value to market value, as determined by the regulatory authority. The margin shall reflect legal and liquidation fees, as well as value depreciation, marketability, and fluctuations which might affect the net cash available to the regulatory authority to complete reclamation.
</P>
<P>(2) The bond value of collateral may be evaluated at any time but it shall be evaluated as part of permit renewal and, if necessary, the performance bond amount increased or decreased. In no case shall the bond value of collateral exceed the market value.
</P>
<P>(f) Persons with an interest in collateral posted as a bond, and who desire notification of actions pursuant to the bond, shall request the notification in writing to the regulatory authority at the time collateral is offered.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.23" NODE="30:3.0.1.10.44.0.1.14" TYPE="SECTION">
<HEAD>§ 800.23   Self-bonding.</HEAD>
<P>(a) <I>Definitions.</I> For the purposes of this section only:
</P>
<P><I>Current assets</I> means cash or other assets or resources which are reasonably expected to be converted to cash or sold or consumed within one year or within the normal operating cycle of the business.
</P>
<P><I>Current liabilities</I> means obligations which are reasonably expected to be paid or liquidated within one year or within the normal operating cycle of the business.
</P>
<P><I>Fixed assets</I> means plants and equipment, but does not include land or coal in place.
</P>
<P><I>Liabilities</I> means obligations to transfer assets or provide services to other entities in the future as a result of past transactions.
</P>
<P><I>Net worth</I> means total assets minus total liabilities and is equivalent to owners' equity.
</P>
<P><I>Parent corporation</I> means a corporation which owns or controls the applicant.
</P>
<P><I>Tangible net worth</I> means net worth minus intangibles such as goodwill and rights to patents or royalties.
</P>
<P>(b) The regulatory authority may accept a self-bond from an applicant for a permit if all of the following conditions are met by the applicant or its parent corporation guarantor:
</P>
<P>(1) The applicant designates a suitable agent to receive service of process in the State where the proposed surface coal mining operation is to be conducted.
</P>
<P>(2) The applicant has been in continuous operation as a business entity for a period of not less than 5 years. Continuous operation shall mean that business was conducted over a period of 5 years immediately preceding the time of application.
</P>
<P>(i) The regulatory authority may allow a joint venture or syndicate with less than 5 years of continuous operation to qualify under this requirement, if each member of the joint venture or syndicate has been in continuous operation for at least 5 years immediately preceding the time of application.
</P>
<P>(ii) When calculating the period of continuous operation, the regulatory authority may exclude past periods of interruption to the operation of the business entity that were beyond the applicant's control and that do not affect the applicant's likelihood of remaining in business during the proposed surface coal mining and reclamation operations.
</P>
<P>(3) The applicant submits financial information in sufficient detail to show that the applicant meets one of the following criteria:
</P>
<P>(i) The applicant has a current rating for its most recent bond issuance of “A” or higher as issued by either Moody's Investor Service or Standard and Poor's Corporation;
</P>
<P>(ii) The applicant has a tangible net worth of at least $10 million, a ratio of total liabilities to net worth of 2.5 times or less, and a ratio of current assets to current liabilities of 1.2 times or greater; or
</P>
<P>(iii) The applicant's fixed assets in the United States total at least $20 million, and the applicant has a ratio of total liabilities to net worth of 2.5 times or less, and a ratio of current assets to current liabilities of 1.2 times or greater.
</P>
<P>(4) The applicant submits;
</P>
<P>(i) Financial statements for the most recently completed fiscal year accompanied by a report prepared by an independent certified public accountant in conformity with generally accepted accounting principles and containing the accountant's audit opinion or review opinion of the financial statements with no adverse opinion;
</P>
<P>(ii) Unaudited financial statements for completed quarters in the current fiscal year; and
</P>
<P>(iii) Additional unaudited information as requested by the regulatory authority.
</P>
<P>(c)(1) The regulatory authority may accept a written guarantee for an applicant's self-bond from a parent corporation guarantor, if the guarantor meets the conditions of paragraphs (b)(1) through (b)(4) of this section as if it were the applicant. Such a written guarantee shall be referred to as a “corporate guarantee.” The terms of the corporate guarantee shall provide for the following:
</P>
<P>(i) If the applicant fails to complete the reclamation plan, the guarantor shall do so or the guarantor shall be liable under the indemnity agreement to provide funds to the regulatory authority sufficient to complete the reclamation plan, but not to exceed the bond amount.
</P>
<P>(ii) The corporate guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the applicant and to the regulatory authority at least 90 days in advance of the cancellation date, and the regulatory authority accepts the cancellation.
</P>
<P>(iii) The cancellation may be accepted by the regulatory authority if the applicant obtains suitable replacement bond before the cancellation date or if the lands for which the self-bond, or portion thereof, was accepted have not been disturbed.
</P>
<P>(2) The regulatory authority may accept a written guarantee for an applicant's self-bond from any corporate guarantor, whenever the applicant meets the conditions of paragraphs (b)(1), (b)(2) and (b)(4) of this section, and the guarantor meets the conditions of paragraphs (b)(1) through (b)(4) of this section. Such a written guarantee shall be referred to as a “non-parent corporate guarantee.” The terms of this guarantee shall provide for compliance with the conditions of paragraphs (c)(1)(i) through (c)(1)(iii) of this section. The regulatory authority may require the applicant to submit any information specified in paragraph (b)(3) of this section in order to determine the financial capabilities of the applicant.
</P>
<P>(d) For the regulatory authority to accept an applicant's self-bond, the total amount of the outstanding and proposed self-bonds of the applicant for surface coal mining and reclamation operations shall not exceed 25 percent of the applicant's tangible net worth in the United States. For the regulatory authority to accept a corporate guarantee, the total amount of the parent corporation guarantor's present and proposed self-bonds and guaranteed self-bonds for surface coal mining and reclamation operations shall not exceed 25 percent of the guarantor's tangible net worth in the United States. For the regulatory authority to accept a non-parent corporate guarantee, the total amount of the non-parent corporate guarantor's present and proposed self-bonds and guaranteed self-bonds shall not exceed 25 percent of the guarantor's tangible net worth in the United States.
</P>
<P>(e) If the regulatory authority accepts an applicant's self-bond, an indemnity agreement shall be submitted subject to the following requirements:
</P>
<P>(1) The indemnity agreement shall be executed by all persons and parties who are to be bound by it, including the parent corporation guarantor, and shall bind each jointly and severally.
</P>
<P>(2) Corporations applying for a self-bond, and parent and non-parent corporations guaranteeing an applicant's self-bond shall submit an indemnity agreement signed by two corporate officers who are authorized to bind their corporations. A copy of such authorization shall be provided to the regulatory authority along with an affidavit certifying that such an agreement is valid under all applicable Federal and State laws. In addition, the guarantor shall provide a copy of the corporate authorization demonstrating that the corporation may guarantee the self-bond and execute the indemnity agreement.
</P>
<P>(3) If the applicant is a partnership, joint venture or syndicate, the agreement shall bind each partner or party who has a beneficial interest, directly or indirectly, in the applicant.
</P>
<P>(4) Pursuant to § 800.50, the applicant, parent or non-parent corporate guarantor shall be required to complete the approved reclamation plan for the lands in default or to pay to the regulatory authority an amount necessary to complete the approved reclamation plan, not to exceed the bond amount. If permitted under State law, the indemnity agreement when under forfeiture shall operate as a judgment against those parties liable under the indemnity agreement.
</P>
<P>(f) A regulatory authority may require self-bonded applicants, parent and non-parent corporate guarantors to submit an update of the information required under paragraphs (b)(3) and (b)(4) of this section within 90 days after the close of each fiscal year following the issuance of the self-bond or corporate guarantee.
</P>
<P>(g) If at any time during the period when a self-bond is posted, the financial conditions of the applicant, parent or non-parent corporate guarantor change so that the criteria of paragraphs (b)(3) and (d) of this section are not satisfied, the permittee shall notify the regulatory authority immediately and shall within 90 days post an alternate form of bond in the same amount as the self-bond. Should the permittee fail to post an adequate substitute bond, the provisions of § 800.16(e) shall apply.
</P>
<CITA TYPE="N">[48 FR 36429, Aug. 10, 1983, as amended at 53 FR 997, Jan. 14, 1988; 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.30" NODE="30:3.0.1.10.44.0.1.15" TYPE="SECTION">
<HEAD>§ 800.30   Replacement of bonds.</HEAD>
<P>(a) The regulatory authority may allow a permittee to replace existing bonds with other bonds that provide equivalent coverage.
</P>
<P>(b) The regulatory authority shall not release existing performance bonds until the permittee has submitted, and the regulatory authority has approved, acceptable replacement performance bonds. Replacement of a performance bond pursuant to this section shall not constitute a release of bond under § 800.40.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.40" NODE="30:3.0.1.10.44.0.1.16" TYPE="SECTION">
<HEAD>§ 800.40   Requirement to release performance bonds.</HEAD>
<P>(a) <I>Bond release application.</I> (1) The permittee may file an application with the regulatory authority for the release of all or part of a performance bond. Applications may be filed only at times or during seasons authorized by the regulatory authority in order to properly evaluate the completed reclamation operations. The times or seasons appropriate for the evaluation of certain types of reclamation shall be established in the regulatory program or identified in the mining and reclamation plan required in subchapter G of this chapter and approved by the regulatory authority.
</P>
<P>(2) Within 30 days after an application for bond release has been filed with the regulatory authority, the permittee shall submit a copy of an advertisement placed at least once a week for four successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. The advertisement shall be considered part of any bond release application and shall contain the permittee's name, permit number and approval date, notification of the precise location of the land affected, the number of acres, the type and amount of the bond filed and the portion sought to be released, the type and appropriate dates of reclamation work performed, a description of the results achieved as they relate to the permittee's approved reclamation plan, and the name and address of the regulatory authority to which written comments, objections, or requests for public hearings and informal conferences on the specific bond release may be submitted pursuant to § 800.40 (f) and (h). In addition, as part of any bond release application, the permittee shall submit copies of letters which he or she has sent to adjoining property owners, local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality in which the surface coal mining and reclamation operation took place, notifying them of the intention to seek release from the bond.
</P>
<P>(3) The permittee shall include in the application for bond release a notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of the Act, the regulatory program, and the approved reclamation plan. Such certification shall be submitted for each application or phase of bond release.
</P>
<P>(b) <I>Inspection by regulatory authority.</I> (1) Upon receipt of the bond release application, the regulatory authority shall, within 30 days, or as soon thereafter as weather conditions permit, conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other factors, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of future occurrence of such pollution, and the estimated cost of abating such pollution. The surface owner, agent, or lessee shall be given notice of such inspection and may participate with the regulatory authority in making the bond release inspection. The regulatory authority may arrange with the permittee to allow access to the permit area, upon request by any person with an interest in bond release, for the purpose of gathering information relevant to the proceeding.
</P>
<P>(2) Within 60 days from the filing of the bond release application, if no public hearing is held pursuant to paragraph (f) of this section, or, within 30 days after a public hearing has been held pursuant to paragraph (f) of this section, the regulatory authority shall notify in writing the permittee, the surety or other persons with an interest in bond collateral who have requested notification under § 800.21(f), and the persons who either filed objections in writing or objectors who were a party to the hearing proceedings, if any, of its decision to release or not to release all or part of the performance bond.
</P>
<P>(c) The regulatory authority may release all or part of the bond for the entire permit area or incremental area if the regulatory authority is satisfied that all the reclamation or a phase of the reclamation covered by the bond or portion thereof has been accomplished in accordance with the following schedules for reclamation of Phases I, II, and III:
</P>
<P>(1) At the completion of Phase I, after the operator completes the backfilling, regrading (which may include the replacement of topsoil) and drainage control of a bonded area in accordance with the approved reclamation plan, 60 percent of the bond or collateral for the applicable area.
</P>
<P>(2) At the completion of Phase II, after revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, an additional amount of bond. When determining the amount of bond to be released after successful revegetation has been established, the regulatory authority shall retain that amount of bond for the revegetated area which would be sufficient to cover the cost of reestablishing revegetation if completed by a third party and for the period specified for operator responsibility in section 515 of the Act for reestablishing revegetation. No part of the bond or deposit shall be released under this paragraph so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by section 515(b)(10) of the Act and by subchapter K of this chapter or until soil productivity for prime farmlands has returned to the equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to section 507(b)(16) of the Act and part 823 of this chapter. Where a silt dam is to be retained as a permanent impoundment pursuant to subchapter K of this chapter, the Phase II portion of the bond may be released under this paragraph so long as provisions for sound future maintenance by the operator or the landowner have been made with the regulatory authority.
</P>
<P>(3) At the completion of Phase III, after the operator has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility in § 816.116 or § 817.116 of this chapter. However, no bond shall be fully released under provisions of this section until reclamation requirements of the Act and the permit are fully met.
</P>
<P>(d) If the regulatory authority disapproves the application for release of the bond or portion thereof, the regulatory authority shall notify the permittee, the surety, and any person with an interest in collateral as provided for in § 800.21(f), in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure the release and allowing an opportunity for a public hearing.
</P>
<P>(e) When any application for total or partial bond release is filed with the regulatory authority, the regulatory authority shall notify the municipality in which the surface coal mining operation is located by certified mail at least 30 days prior to the release of all or a portion of the bond.
</P>
<P>(f) Any person with a valid legal interest which might be adversely affected by release of the bond, or the responsible officer or head of any Federal, State, or local governmental agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation or which is authorized to develop and enforce environmental standards with respect to such operations, shall have the right to file written objections to the proposed release from bond with the regulatory authority within 30 days after the last publication of the notice required by § 800.40(a)(2). If written objections are filed and a hearing is requested, the regulatory authority shall inform all the interested parties of the time and place of the hearing, and shall hold a public hearing within 30 days after receipt of the request for the hearing. The date, time, and location of the public hearing shall be advertised by the regulatory authority in a newspaper of general circulation in the locality for two consecutive weeks. The public hearing shall be held in the locality of the surface coal mining operation from which bond release is sought, at the location of the regulatory authority office, or at the State capital, at the option of the objector.
</P>
<P>(g) For the purpose of the hearing under paragraph (f) of this section, the regulatory authority shall have the authority to administer oaths, subpoena witnesses or written or printed material, compel the attendance of witnesses or the production of materials, and take evidence including, but not limited to, inspection of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing shall be made, and a transcript shall be made available on the motion of any party or by order of the regulatory authority.
</P>
<P>(h) Without prejudice to the right of an objector or the applicant, the regulatory authority may hold an informal conference as provided in section 513(b) of the Act to resolve such written objections. The regulatory authority shall make a record of the informal conference unless waived by all parties, which shall be accessible to all parties. The regulatory authority shall also furnish all parties of the informal conference with a written finding of the regulatory authority based on the informal conference, and the reasons for said finding.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 48 FR 44780, Sept. 30, 1983; 53 FR 998, Jan. 14, 1988; 56 FR 59994, Nov. 26, 1991; 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.50" NODE="30:3.0.1.10.44.0.1.17" TYPE="SECTION">
<HEAD>§ 800.50   Forfeiture of bonds.</HEAD>
<P>(a) If an operator refuses or is unable to conduct reclamation of an unabated violation, if the terms of the permit are not met, or if the operator defaults on the conditions under which the bond was accepted, the regulatory authority shall take the following action to forfeit all or part of a bond or bonds for any permit area or an increment of a permit area:
</P>
<P>(1) Send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if any, informing them of the determination to forfeit all or part of the bond, including the reasons for the forfeiture and the amount to be forfeited. The amount shall be based on the estimated total cost of achieving the reclamation plan requirements.
</P>
<P>(2) Advise the permittee and surety, if applicable, of the conditions under which forfeiture may be avoided. Such conditions may include, but are not limited to—
</P>
<P>(i) Agreement by the permittee or another party to perform reclamation operations in accordance with a compliance schedule which meets the conditions of the permit, the reclamation plan, and the regulatory program and a demonstration that such party has the ability to satisfy the conditions; or
</P>
<P>(ii) The regulatory authority may allow a surety to complete the reclamation plan, or the portion of the reclamation plan applicable to the bonded phase or increment, if the surety can demonstrate an ability to complete the reclamation in accordance with the approved reclamation plan. Except where the regulatory authority may approve partial release authorized under § 800.40, no surety liability shall be released until successful completion of all reclamation under the terms of the permit, including applicable liability periods of § 800.13.
</P>
<P>(b) In the event forfeiture of the bond is required by this section, the regulatory authority shall—
</P>
<P>(1) Proceed to collect the forfeited amount as provided by applicable laws for the collection of defaulted bonds or other debts if actions to avoid forfeiture have not been taken, or if rights of appeal, if any, have not been exercised within a time established by the regulatory authority, or if such appeal, if taken, is unsuccessful.
</P>
<P>(2) Use funds collected from bond forfeiture to complete the reclamation plan, or portion thereof, on the permit area or increment, to which bond coverage applies.
</P>
<P>(c) Upon default, the regulatory authority may cause the forfeiture of any and all bonds deposited to complete reclamation for which the bonds were posted. Unless specifically limited, as provided in § 800.11(b), bond liability shall extend to the entire permit area under conditions of forfeiture.
</P>
<P>(d)(1) In the event the estimated amount forfeited is insufficient to pay for the full cost of reclamation, the operator shall be liable for remaining costs. The regulatory authority may complete, or authorize completion of, reclamation of the bonded area and may recover from the operator all costs of reclamation in excess of the amount forfeited.
</P>
<P>(2) In the event the amount of performance bond forfeited was more than the amount necessary to complete reclamation, the unused funds shall be returned by the regulatory authority to the party from whom they were collected.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 48 FR 44780, Sept. 30, 1983; 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.60" NODE="30:3.0.1.10.44.0.1.18" TYPE="SECTION">
<HEAD>§ 800.60   Terms and conditions for liability insurance.</HEAD>
<P>(a) The regulatory authority shall require the applicant to submit as part of its permit application a certificate issued by an insurance company authorized to do business in the United States certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operations for which the permit is sought. Such policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons injured or property damaged as a result of the surface coal mining and reclamation operations, including the use of explosives, and who are entitled to compensation under the applicable provisions of State law. Minimum insurance coverage for bodily injury and property damage shall be $300,000 for each occurrence and $500,000 aggregate.
</P>
<P>(b) The policy shall be maintained in full force during the life of the permit or any renewal thereof and the liability period necessary to complete all reclamation operations under this Chapter.
</P>
<P>(c) The policy shall include a rider requiring that the insurer notify the regulatory authority whenever substantive changes are made in the policy including any termination or failure to renew.
</P>
<P>(d) The regulatory authority may accept from the applicant, in lieu of a certificate for a public liability insurance policy, satisfactory evidence from the applicant that it satisfies applicable State self-insurance requirements approved as part of the regulatory program and the requirements of this section.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 54 FR 13823, Apr. 5, 1989; 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 800.70" NODE="30:3.0.1.10.44.0.1.19" TYPE="SECTION">
<HEAD>§ 800.70   Bonding for anthracite operations in Pennsylvania.</HEAD>
<P>(a) All of the provisions of this subchapter shall apply to bonding and insuring anthracite surface coal mining and reclamation operations in Pennsylvania except that—
</P>
<P>(1) Specified bond limits shall be determined by the regulatory authority in accordance with applicable provisions of Pennsylvania statutes, rules and regulations promulgated thereunder, and implementing policies of the Pennsylvania Department of Environmental Resources.
</P>
<P>(2) The period of liability for responsibility under each bond shall be established for those operations in accordance with applicable laws of the State of Pennsylvania, rules and regulations promulgated thereunder, and implementing policies of the Pennsylvania Department of Environmental Resources.
</P>
<P>(b) Upon amendment of the Pennsylvania permanent regulatory program with respect to specified bond limits and period of revegetation responsibility for anthracite surface coal mining and reclamation operations, any person engaging in or seeking to engage in those operations shall comply with additional regulations the Secretary may issue as are necessary to meet the purposes of the Act.
</P>
<CITA TYPE="N">[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="K" NODE="30:3.0.1.11" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER K—PERMANENT PROGRAM PERFORMANCE STANDARDS 


</HEAD>

<DIV5 N="810" NODE="30:3.0.1.11.45" TYPE="PART">
<HEAD>PART 810—PERMANENT PROGRAM PERFORMANCE STANDARDS—GENERAL PROVISIONS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 102, 201, 501(b), 503, 504, 505, 512, 515, 516 and 517, Pub. L. 95-87, 91 Stat. 448, 449, 468, 470, 471, 473, 483, 486, 495, and 498 (30 U.S.C. 1202, 1211, 1251, 1253, 1254, 1255, 1262, 1265, 1266, and 1267). 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15393, Mar. 13, 1979, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 810.1" NODE="30:3.0.1.11.45.0.1.1" TYPE="SECTION">
<HEAD>§ 810.1   Scope.</HEAD>
<P>This subchapter sets forth the minimum performance standards and design requirements to be adopted and implemented under a regulatory program for coal exploration and surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 810.2" NODE="30:3.0.1.11.45.0.1.2" TYPE="SECTION">
<HEAD>§ 810.2   Objective.</HEAD>
<P>The objective of this subchapter is to ensure that coal exploration and surface coal mining and reclamation operations are conducted in manners which are compatible with the environmental, social, and esthetic needs of the Nation. Accordingly, the performance standards and design requirements in this subchapter will provide for— 
</P>
<P>(a) Protection of the health, safety, and general welfare of mine workers and the public; 
</P>
<P>(b) Maximum use and conservation of the solid fuel resource being recovered so that reaffecting the land through future surface coal mining operations can be minimized; 
</P>
<P>(c) Prompt reclamation of all affected areas to conditions that are capable of supporting the premining land uses or higher or better land uses; 
</P>
<P>(d) Reclamation of land affected by surface coal mining operations as contemporaneously as practicable with mining operations; 
</P>
<P>(e) Minimizing, to the extent possible using the best technology currently available, disturbances and adverse impacts on fish, wildlife, and other related environmental values, and enhancement of such resources where practicable; 
</P>
<P>(f) Revegetation which achieves a prompt vegetative cover and recovery of productivity levels compatible with approved land uses; 
</P>
<P>(g) Minimum disturbance to the prevailing hydrologic balance at the mine-site and in associated off-site areas, and to the quality and quantity of water in surface and ground water systems; 
</P>
<P>(h) Protection of fragile and historic lands where surface coal mining operations could result in significant damage to important historic, cultural, scientific, or esthetic values and natural systems; 
</P>
<P>(i) Confinement of surface coal mining and reclamation operations including, but not limited to, the location of spoil disposal areas to lands within the permit area; and 
</P>
<P>(j) Striking a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy. 
</P>
<P>(k) Protection of endangered and threatened species and their critical habitats as determined by the Endangered Species Act of 1973 (16 U.S.C. 1531 <I>et seq.</I>). 


</P>
</DIV8>


<DIV8 N="§ 810.3" NODE="30:3.0.1.11.45.0.1.3" TYPE="SECTION">
<HEAD>§ 810.3   Authority.</HEAD>
<P>The Secretary shall approve and promulgate minimum coal exploration and surface mining and reclamation operations performance standards and design requirements applicable under regulatory programs which are at least as stringent as subchapter K in accordance with subchapter C of this chapter. 


</P>
</DIV8>


<DIV8 N="§ 810.4" NODE="30:3.0.1.11.45.0.1.4" TYPE="SECTION">
<HEAD>§ 810.4   Responsibility.</HEAD>
<P>(a) The Director shall ensure that performance standards and design requirements at least as stringent as the standards of this subchapter are implemented and enforced under every regulatory program. 
</P>
<P>(b) The State regulatory authority shall ensure that performance standards and design requirements at least as stringent as the standards in this subchapter are implemented and enforced under every State program. 
</P>
<P>(c) Each person conducting coal exploration or surface coal mining and reclamation operations is responsible for complying with performance standards and design requirements which are at least as stringent as the standards in this subchapter and the applicable regulatory program.


</P>
</DIV8>


<DIV8 N="§ 810.11" NODE="30:3.0.1.11.45.0.1.5" TYPE="SECTION">
<HEAD>§ 810.11   Applicability.</HEAD>
<P>Part 815 applies to all coal exploration conducted under regulatory programs. part 816 applies to all surface mining activities conducted under regulatory programs. Part 817 applies to all underground mining activities conducted under regulatory programs. Parts 818 through 828 apply to certain special categories of surface coal mining and reclamation operations. Parts 816 and 817 apply to each of those special categories of operations, except to the extent that a provision of parts 818 through 828 specifically exempts a particular category from a particular requirement of part 816 or part 817. 


</P>
</DIV8>

</DIV5>


<DIV5 N="815" NODE="30:3.0.1.11.46" TYPE="PART">
<HEAD>PART 815—PERMANENT PROGRAM PERFORMANCE STANDARDS—COAL EXPLORATION
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.,</I> as amended; and Pub. L. 100-34.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 40636, Sept. 8, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 815.1" NODE="30:3.0.1.11.46.0.1.1" TYPE="SECTION">
<HEAD>§ 815.1   Scope and purpose.</HEAD>
<P>This part sets forth performance standards required for coal exploration which substantially disturbs the natural land surface. At the discretion of the regulatory authority, coal exploration operations may be further required to comply with the applicable standards of 30 CFR parts 816 through 828.


</P>
</DIV8>


<DIV8 N="§ 815.2" NODE="30:3.0.1.11.46.0.1.2" TYPE="SECTION">
<HEAD>§ 815.2   Permitting information.</HEAD>
<P>Notwithstanding cross-references in other parts which may be otherwise construed, part 772 establishes the notice and permit information requirements for coal exploration.
</P>
<CITA TYPE="N">[53 FR 52950, Dec. 29, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 815.13" NODE="30:3.0.1.11.46.0.1.3" TYPE="SECTION">
<HEAD>§ 815.13   Required documents.</HEAD>
<P>Each person who conducts coal exploration which substantially disturbs the natural land surface shall, while in the exploration area, have available a copy of the filed notice of intention to explore or a copy of the exploration permit for review by the authorized representative of the regulatory authority upon request.


</P>
</DIV8>


<DIV8 N="§ 815.15" NODE="30:3.0.1.11.46.0.1.4" TYPE="SECTION">
<HEAD>§ 815.15   Performance standards for coal exploration.</HEAD>
<P>(a) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 <I>et seq.</I>) shall not be disturbed during coal exploration.
</P>
<P>(b) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of §§ 816.150 (b) through (f), 816.180, and 816.181 of this chapter.
</P>
<P>(c) If excavations, artificially flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration.
</P>
<P>(d) Topsoil shall be separately removed, stored, and redistributed on areas disturbed by coal exploration activities as necessary to assure successful revegetation or as required by the regulatory authority.
</P>
<P>(e) All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following:
</P>
<P>(1) All areas disturbed by coal exploration activities shall be seeded or planted to the same seasonal variety native to the areas disturbed. If the land use of the exploration area is intensive agriculture, planting of the crops normally grown will meet the requirements of this paragraph.
</P>
<P>(2) The vegetative cover shall be capable of stabilizing the soil surface from erosion.
</P>
<P>(f) Diversions of overland flows and ephemeral, perennial, or intermittent streams shall be made in accordance with § 816.43 of this chapter.
</P>
<P>(g) Each exploration hole, borehole, well, or other exposed underground opening created during exploration shall be reclaimed in accordance with §§ 816.13 through 816.15 of this chapter.
</P>
<P>(h) All facilities and equipment shall be promptly removed from the exploration area when they are no longer needed for exploration, except for those facilities and equipment that the regulatory authority determines may remain to—
</P>
<P>(1) Provide additional environmental data,
</P>
<P>(2) Reduce or control the onsite and offsite effects of the exploration activities, or
</P>
<P>(3) Facilitate future surface mining and reclamation operations by the person conducting the exploration.
</P>
<P>(i) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with §§ 816.41 through 816.49 of this chapter. The regulatory authority may specify additional measures which shall be adopted by the person engaged in coal exploration.
</P>
<P>(j) Acid- or toxic-forming materials shall be handled and disposed of in accordance with §§ 816.41(b), 816.41(f), and 816.102(e) of this chapter. The regulatory authority may specify additional measures which shall be adopted by the person engaged in coal exploration.
</P>
<CITA TYPE="N">[48 FR 40636, Sept. 8, 1983, as amended at 53 FR 45211, Nov. 8, 1988]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="816" NODE="30:3.0.1.11.47" TYPE="PART">
<HEAD>PART 816—PERMANENT PROGRAM PERFORMANCE STANDARDS—SURFACE MINING ACTIVITIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.;</I> and sec 115 of Pub. L. 98-146.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15395, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54979, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 816 made effective on Jan. 19, 2017, at 81 FR 93392, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 816.1" NODE="30:3.0.1.11.47.0.1.1" TYPE="SECTION">
<HEAD>§ 816.1   Scope.</HEAD>
<P>This part sets forth the minimum environmental protection performance standards to be adopted and implemented under regulatory programs for surface mining activities.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.2" NODE="30:3.0.1.11.47.0.1.2" TYPE="SECTION">
<HEAD>§ 816.2   Objectives.</HEAD>
<P>This part is intended to ensure that all surface mining activities are conducted in a manner which preserves and enhances environmental and other values in accordance with the Act.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.10" NODE="30:3.0.1.11.47.0.1.3" TYPE="SECTION">
<HEAD>§ 816.10   Information collection.</HEAD>
<P>(a) The collections of information contained in part 816 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0047. The information will be used by the regulatory authority to monitor and inspect surface coal mining activities to ensure that they are in compliance with the Surface Mining Control and Reclamation Act. Response is required to obtain a benefit.
</P>
<P>(b) Public Reporting Burden for this information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203, Washington, DC 20240; and the Office of Management and Budget, Paperwork Reduction Project (1029-0047), Washington, DC 20503.
</P>
<CITA TYPE="N">[79 FR 76231, Dec. 22, 2014, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.11" NODE="30:3.0.1.11.47.0.1.4" TYPE="SECTION">
<HEAD>§ 816.11   Signs and markers.</HEAD>
<P>(a) <I>Specifications.</I> Signs and markers required under this part shall—
</P>
<P>(1) Be posted and maintained by the person who conducts the surface mining activities;
</P>
<P>(2) Be of a uniform design throughout the operation that can be easily seen and read;
</P>
<P>(3) Be made of durable material; and
</P>
<P>(4) Conform to local ordinances and codes.
</P>
<P>(b) <I>Duration of maintenance.</I> Signs and markers shall be maintained during the conduct of all activities to which they pertain.
</P>
<P>(c) <I>Mine and permit identification signs.</I> (1) Identification signs shall be displayed at each point of access to the permit area from public roads.
</P>
<P>(2) Signs shall show the name, business address, and telephone number of the person who conducts the surface mining activities and the identification number of the current permit authorizing surface mining activities.
</P>
<P>(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.
</P>
<P>(d) <I>Perimeter markers.</I> The perimeter of a permit area shall be clearly marked before the beginning of surface mining activities.
</P>
<P>(e) <I>Buffer zone markers.</I> Buffer zones shall be marked along their boundaries as required under § 816.57.
</P>
<P>(f) <I>Topsoil markers.</I> Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under § 816.22, the stockpiled material shall be clearly marked.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 48 FR 9806, Mar. 8, 1983; 48 FR 44780, Sept. 30, 1983; 73 FR 75882, Dec. 12, 2008; 79 FR 76231, Dec. 22, 2014; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.13" NODE="30:3.0.1.11.47.0.1.5" TYPE="SECTION">
<HEAD>§ 816.13   Casing and sealing of drilled holes: General requirements.</HEAD>
<P>Each exploration hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the regulatory authority, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit area and adjacent area. If these openings are uncovered or exposed by surface mining activities within the permit area they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the regulatory authority. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of § 816.41 of this part. This section does not apply to holes solely drilled and used for blasting.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983; 48 FR 43990, Sept. 26, 1983; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.14" NODE="30:3.0.1.11.47.0.1.6" TYPE="SECTION">
<HEAD>§ 816.14   Casing and sealing of drilled holes: Temporary.</HEAD>
<P>Each exploration hole, other drill or boreholes, wells and other exposed underground openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, or fences, or other protective devices approved by the regulatory authority. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the surface mining activities.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979; 44 FR 49686, Aug. 24, 1979; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.15" NODE="30:3.0.1.11.47.0.1.7" TYPE="SECTION">
<HEAD>§ 816.15   Casing and sealing of drilled holes: Permanent.</HEAD>
<P>When no longer needed for monitoring or other use approved by the regulatory authority upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under § 816.41, each exploration hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the regulatory authority, under § 816.13 and consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 48 FR 43990, Sept. 26, 1983; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.22" NODE="30:3.0.1.11.47.0.1.8" TYPE="SECTION">
<HEAD>§ 816.22   Topsoil and subsoil.</HEAD>
<P>(a) <I>Removal.</I> (1)(i) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated.
</P>
<P>(ii) Where the topsoil is of insufficient quantity or poor quality for sustaining vegetation, the materials approved by the regulatory authority in accordance with paragraph (b) of this section shall be removed as a separate layer from the area to be disturbed, and segregated.
</P>
<P>(2) If topsoil is less than 6 inches thick, the operator may remove the topsoil and the unconsolidated materials immediately below the topsoil and treat the mixture as topsoil.
</P>
<P>(3) The regulatory authority may choose not to require the removal of topsoil for minor disturbances which—
</P>
<P>(i) Occur at the site of small structures, such as power poles, signs, or fence lines; or
</P>
<P>(ii) Will not destroy the existing vegetation and will not cause erosion.
</P>
<P>(4) <I>Timing.</I> All material to be removed under this section shall be removed after the vegetative cover that would interfere with its salvage is cleared from the area to be disturbed, but before any drilling, blasting, mining, or other surface disturbance takes place.
</P>
<P>(b) <I>Substitutes and supplements.</I> Selected overburden materials may be substituted for, or used as a supplement to topsoil if the operator demonstrates to the regulatory authority that the resulting soil medium is equal to, or more suitable for sustaining vegetation than, the existing topsoil, and the resulting soil medium is the best available in the permit area to support revegetation.
</P>
<P>(c) <I>Storage.</I> (1) Materials removed under paragraph (a) of this section shall be segregated and stockpiled when it is impractical to redistribute such materials promptly on regraded areas.
</P>
<P>(2) Stockpiled materials shall—
</P>
<P>(i) Be selectively placed on a stable site within the permit area;
</P>
<P>(ii) Be protected from contaminants and unnecessary compaction that would interfere with revegetation;
</P>
<P>(iii) Be protected from wind and water erosion through prompt establishment and maintenance of an effective, quick growing vegetative cover or through other measures approved by the regulatory authority; and
</P>
<P>(iv) Not be moved until required for redistribution unless approved by the regulatory authority.
</P>
<P>(3) Where long-term surface disturbances will result from facilities such as support facilities and preparation plants and where stockpiling of materials removed under paragraph (a)(1) of this section would be detrimental to the quality or quantity of those materials, the regulatory authority may approve the temporary distribution of the soil materials so removed to an approved site within the permit area to enhance the current use of that site until needed for later reclamation, provided that—
</P>
<P>(i) Such action will not permanently diminish the capability of the topsoil of the host site; and
</P>
<P>(ii) The material will be retained in a condition more suitable for redistribution than if stockpiled.
</P>
<P>(d) <I>Redistribution.</I> (1) Topsoil materials and topsoil substitutes and supplements removed under paragraphs (a) and (b) of this section shall be redistributed in a manner that—
</P>
<P>(i) Achieves an approximately uniform, stable thickness when consistent with the approved postmining land use, contours, and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;
</P>
<P>(ii) Prevents excess compaction of the materials; and
</P>
<P>(iii) Protects the materials from wind and water erosion before and after seeding and planting.
</P>
<P>(2) Before redistribution of the material removed under paragraph (a) of this section the regraded land shall be treated if necessary to reduce potential slippage of the redistributed material and to promote root penetration. If no harm will be caused to the redistributed material and reestablished vegetation, such treatment may be conducted after such material is replaced.
</P>
<P>(3) The regulatory authority may choose not to require the redistribution of topsoil or topsoil substitutes on the approved postmining embankments of permanent impoundments or of roads if it determines that—
</P>
<P>(i) Placement of topsoil or topsoil substitutes on such embankments is inconsistent with the requirement to use the best technology currently available to prevent sedimentation, and
</P>
<P>(ii) Such embankments will be otherwise stabilized.
</P>
<P>(4) <I>Nutrients and soil amendments.</I> Nutrients and soil amendments shall be applied to the initially redistributed material when necessary to establish the vegetative cover.
</P>
<P>(e) <I>Subsoil segregation.</I> The regulatory authority may require that the B horizon, C horizon, or other underlying strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with the requirements of paragraphs (c) and (d) of this section if it finds that such subsoil layers are necessary to comply with the revegetation requirements of §§ 816.111, 816.113, 816.114, and 816.116 of this chapter.
</P>
<CITA TYPE="N">[48 FR 22100, May 16, 1983, as amended at 71 FR 51705, Aug. 30, 2006; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.41" NODE="30:3.0.1.11.47.0.1.9" TYPE="SECTION">
<HEAD>§ 816.41   Hydrologic-balance protection.</HEAD>
<P>(a) <I>General.</I> All surface mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this part. The regulatory authority may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.
</P>
<P>(b) <I>Ground-water protection.</I> In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under § 780.21(h) of this chapter and the following:
</P>
<P>(1) Ground-water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground-water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water.
</P>
<P>(2) Ground-water quantity shall be protected by handling earth materials and runoff in a manner that will restore the approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal areas and fills, so as to allow the movement of water to the ground-water system.
</P>
<P>(c) <I>Ground-water monitoring.</I> (1) Ground-water monitoring shall be conducted according to the ground-water monitoring plan approved under § 780.21(i) of this chapter. The regulatory authority may require additional monitoring when necessary.
</P>
<P>(2) Ground-water monitoring data shall be submitted every 3 months to the regulatory authority or more frequently as prescribed by the regulatory authority. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the regulatory authority and immediately take the actions provided for in §§ 773.17(e) and 780.21(h) of this chapter.
</P>
<P>(3) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of § 774.13 of this chapter, the regulatory authority may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this paragraph, that—
</P>
<P>(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or
</P>
<P>(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under § 780.21(i) of this chapter.
</P>
<P>(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed.
</P>
<P>(d) <I>Surface-water protection.</I> In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under § 780.21(h) of this chapter, and the following:
</P>
<P>(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this section and § 816.42, the operator shall use and maintain the necessary water-treatment facilities or water quality controls.
</P>
<P>(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under § 780.21(h) of this chapter.
</P>
<P>(e) <I>Surface-water monitoring.</I> (1) Surface-water monitoring shall be conducted according to the surface-water monitoring plan approved under § 780.21(j) of this chapter. The regulatory authority may require additional monitoring when necessary.
</P>
<P>(2) Surface-water monitoring data shall be submitted every 3 months to the regulatory authority or more frequently as prescribed by the regulatory authority. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance with the permit conditions, the operator shall promptly notify the regulatory authority and immediately take the actions provided for in §§ 773.17(e) and 780.21(h) of this chapter. The reporting requirements of this paragraph do not exempt the operator from meeting any National Pollutant Discharge Elimination System (NPDES) reporting requirements.
</P>
<P>(3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with § 774.13 of this chapter, the regulatory authority may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and sampling frequency if the operator demonstrates, using the monitoring data obtained under this paragraph, that—
</P>
<P>(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or
</P>
<P>(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under § 780.21(j) of this chapter.
</P>
<P>(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed.
</P>
<P>(f) <I>Acid- and toxic-forming materials.</I> (1) Drainage from acid- and toxic-forming materials into surface water and ground water shall be avoided by—
</P>
<P>(i) Identifying and burying and/or treating, when necessary, materials which may adversely affect water quality, or be detrimental to vegetation or to public health and safety if not buried and/or treated, and
</P>
<P>(ii) Storing materials in a manner that will protect surface water and ground water by preventing erosion, the formation of polluted runoff, and the infiltration of polluted water. Storage shall be limited to the period until burial and/or treatment first become feasible, and so long as storage will not result in any risk of water pollution or other environmental damage.
</P>
<P>(2) Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions of this chapter.
</P>
<P>(g) <I>Transfer of wells.</I> Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with §§ 816.13 to 816.15. With the prior approval of the regulatory authority, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with State and local law and the permittee shall remain responsible for the proper management of the well until bond release in accordance with §§ 816.13 to 816.15.
</P>
<P>(h) <I>Water rights and replacement.</I> Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities. Baseline hydrologic information required in §§ 780.21 and 780.22 of this chapter shall be used to determine the extent of the impact of mining upon ground water and surface water.
</P>
<P>(i) <I>Discharges into an underground mine.</I> (1) Discharges into an underground mine are prohibited, unless specifically approved by the regulatory authority after a demonstration that the discharge will—
</P>
<P>(i) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining activities;
</P>
<P>(ii) Not result in a violation of applicable water quality standards or effluent limitations;
</P>
<P>(iii) Be at a known rate and quality which shall meet the effluent limitations of § 816.42 for pH and total suspended solids, except that the pH and total suspended-solids limitations may be exceeded, if approved by the regulatory authority; and
</P>
<P>(iv) Meet with the approval of the Mine Safety and Health Administration.
</P>
<P>(2) Discharges shall be limited to the following:
</P>
<P>(i) Water;
</P>
<P>(ii) Coal processing waste;
</P>
<P>(iii) Fly ash from a coal-fired facility;
</P>
<P>(iv) Sludge from an acid-mine-drainage treatment facility;
</P>
<P>(v) Flue-gas desulfurization sludge;
</P>
<P>(vi) Inert materials used for stabilizing underground mines; and
</P>
<P>(vii) Underground mine development wastes.
</P>
<CITA TYPE="N">[48 FR 43990, Sept. 26, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.42" NODE="30:3.0.1.11.47.0.1.10" TYPE="SECTION">
<HEAD>§ 816.42   Hydrologic balance: Water quality standards and effluent limitations.</HEAD>
<P>Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable State and Federal water quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR part 434.
</P>
<CITA TYPE="N">[47 FR 47222, Oct. 22, 1982, as amended at 48 FR 44051, Sept. 26, 1983; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.43" NODE="30:3.0.1.11.47.0.1.11" TYPE="SECTION">
<HEAD>§ 816.43   Diversions.</HEAD>
<P>(a) <I>General requirements.</I> (1) With the approval of the regulatory authority, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of § 816.46 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the regulatory authority under § 816.41(i).
</P>
<P>(2) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to—
</P>
<P>(i) Be stable;
</P>
<P>(ii) Provide protection against flooding and resultant damage to life and property;
</P>
<P>(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and
</P>
<P>(iv) Comply with all applicable local, State, and Federal laws and regulations.
</P>
<P>(3) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this part. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.
</P>
<P>(4) The regulatory authority may specify design criteria for diversions to meet the requirements of this section.
</P>
<P>(b) <I>Diversion of perennial and intermittent streams.</I> (1) Diversion of perennial and intermittent streams within the permit area may be approved by the regulatory authority after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.
</P>
<P>(2) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.
</P>
<P>(3) The requirements of paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 10-year, 6-hour precipitation event for a temporary diversion and a 100-year, 6-hour precipitation event for a permanent diversion.
</P>
<P>(4) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this part and any design criteria set by the regulatory authority.
</P>
<P>(c) <I>Diversion of miscellaneous flows.</I> (1) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the regulatory authority. Miscellaneous flows shall include ground-water discharges and ephemeral streams.
</P>
<P>(2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (a) of this section:
</P>
<P>(3) The requirements of paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 2-year, 6-hour precipitation event for a temporary diversion and a 10-year, 6-hour precipitation event for a permanent diversion.
</P>
<CITA TYPE="N">[48 FR 43991, Sept. 26, 1983, as amended at 73 FR 75882, Dec. 12, 2008; 79 FR 76231, Dec. 22, 2014; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.45" NODE="30:3.0.1.11.47.0.1.12" TYPE="SECTION">
<HEAD>§ 816.45   Hydrologic balance: Sediment control measures.</HEAD>
<P>(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:
</P>
<P>(1) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area,
</P>
<P>(2) Meet the more stringent of applicable State or Federal effluent limitations,
</P>
<P>(3) Minimize erosion to the extent possible.
</P>
<P>(b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to—
</P>
<P>(1) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation as required in § 816.111(b);
</P>
<P>(2) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of § 816.102;
</P>
<P>(3) Retaining sediment within disturbed areas;
</P>
<P>(4) Diverting runoff away from disturbed areas;
</P>
<P>(5) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;
</P>
<P>(6) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and
</P>
<P>(7) Treating with chemicals.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 48 FR 44780, Sept. 30, 1983; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.46" NODE="30:3.0.1.11.47.0.1.13" TYPE="SECTION">
<HEAD>§ 816.46   Hydrologic balance: Siltation structures.</HEAD>
<P>(a) For the purpose of this section only, <I>disturbed areas</I> shall not include those areas—
</P>
<P>(1) In which the only surface mining activities include diversion ditches, siltation structures, or roads that are designed constructed and maintained in accordance with this part; and
</P>
<P>(2) For which the upstream area is not otherwise disturbed by the operator.
</P>
<P>(b) <I>General requirements.</I> (1) Additional contributions of suspended solids sediment to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.
</P>
<P>(2) Siltation structures for an area shall be constructed before beginning any surface mining activities in that area, and upon construction shall be certified by a qualified registered professional engineer, or in any State which authorizes land surveyors to prepare and certify plans in accordance with § 780.25(a) of this chapter a qualified registered professional land surveyor, to be constructed as designed and as approved in the reclamation plan.
</P>
<P>(3) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with § 816.49 of this chapter.
</P>
<P>(4) Siltation structures shall be maintained until removal is authorized by the regulatory authority and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than 2 years after the last augmented seeding.
</P>
<P>(5) When siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and §§ 816.111 through 816.116 of this chapter. Sedimentation ponds approved by the regulatory authority for retention as permanent impoundments may be exempted from this requirement.
</P>
<P>(c) <I>Sedimentation ponds.</I> (1) When used, sedimentation ponds shall—
</P>
<P>(i) Be used individually or in series;
</P>
<P>(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the regulatory authority, and
</P>
<P>(iii) Be designed, constructed, and maintained to—
</P>
<P>(A) Provide adequate sediment storage volume;
</P>
<P>(B) Provide adequate detention time to allow the effluent from the ponds to meet State and Federal effluent limitations;
</P>
<P>(C) Contain or treat the 10-year, 24-hour precipitation event (“design event”) unless a lesser design event is approved by the regulatory authority based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of § 816.42 will be met;
</P>
<P>(D) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (c)(1)(iii)(B) of this section;
</P>
<P>(E) Minimize, to the extent possible, short circuiting;
</P>
<P>(F) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;
</P>
<P>(G) Ensure against excessive settlement;
</P>
<P>(H) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-processing waste; and
</P>
<P>(I) Be compacted properly.
</P>
<P>(2) <I>Spillways.</I> A sedimentation pond shall include either a combination of principal and emergency spillways or single spillway configured as specified in § 816.49(a)(9).
</P>
<P>(d) <I>Other treatment facilities.</I> (1) Other treatment facilities shall be designed to treat the 10-year, 24-hour precipitation event unless a lesser design event is approved by the regulatory authority based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of § 816.42 will be met.
</P>
<P>(2) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (c) of this section.
</P>
<P>(e) <I>Exemptions.</I> Exemptions to the requirements of this section may be granted if—
</P>
<P>(1) The disturbed drainage area within the total disturbed area is small; and
</P>
<P>(2) The operator demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed area to meet the effluent limitations under § 816.42 and the applicable State and Federal water quality standards for the receiving waters.
</P>
<CITA TYPE="N">[48 FR 44051, Sept. 26, 1983, as amended at 53 FR 43605, Oct. 27, 1988; 59 FR 53029, Oct. 20, 1994; 75 FR 60275, Sept. 29, 2010; 79 FR 76231, Dec. 22, 2014; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017; 90 FR 54577, Nov. 28, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 816.47" NODE="30:3.0.1.11.47.0.1.14" TYPE="SECTION">
<HEAD>§ 816.47   Hydrologic balance: Discharge structures.</HEAD>
<P>Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled, by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.49" NODE="30:3.0.1.11.47.0.1.15" TYPE="SECTION">
<HEAD>§ 816.49   Impoundments.</HEAD>
<P>(a) <I>General requirements.</I> The requirements of this paragraph apply to both temporary and permanent impoundments.
</P>
<P>(1) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), “Earth Dams and Reservoirs,” 1985 shall comply with “Minimum Emergency Spillway Hydrologic Criteria” table in TR-60 and the requirements of this section. The technical release is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, order No. PB 87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, 1951 Constitution Avenue NW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(2) An impoundment meeting the size or other criteria of § 77.216(a) of this title shall comply with the requirements of § 77.216 of this title and this section.
</P>
<P>(3) <I>Design certification.</I> The design of impoundments shall be certified in accordance with § 780.25(a) of this chapter as designed to meet the requirements of this part using current, prudent, engineering practices and any design criteria established by the regulatory authority. The qualified, registered, professional engineer or qualified, registered, professional, land surveyor shall be experienced in the design and construction of impoundments.
</P>
<P>(4) <I>Stability.</I> (i) An impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216(a) of this title shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.
</P>
<P>(ii) Impoundments not included in paragraph (a)(4)(i) of this section, except for a coal mine waste impounding structure, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or meet the requirements of § 780.25(c)(3).
</P>
<P>(5) <I>Freeboard.</I> Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrograph criteria in the “Minimum Emergency Spillway Hydrologic Criteria” table in TR-60.
</P>
<P>(6) <I>Foundation.</I> (i) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216(a) of this title, foundation investigation, as well as any necessary laboratory testing of foundation material, shall be performed to determine the design requirements for foundation stability.
</P>
<P>(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.
</P>
<P>(7) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.
</P>
<P>(8) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.
</P>
<P>(9) <I>Spillways.</I> An impoundment shall include either a combination of principal and emergency spillways or a single spillway configured as specified in paragraph (a)(9)(i) of this section, designed and constructed to safely pass the applicable design precipitation event specified in paragraph (a)(9)(ii) of this section, except as set forth in paragraph (c)(2) of this section.
</P>
<P>(i) The regulatory authority may approve a single open-channel spillway that is:
</P>
<P>(A) Of nonerodible construction and designed to carry sustained flows; or
</P>
<P>(B) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected.
</P>
<P>(ii) Except as specified in paragraph (c)(2) of this section, the required design precipitation event for an impoundment meeting the spillway requirements of paragraph (a)(9) of this section is:
</P>
<P>(A) For an impoundment meeting the Class B or C criteria for dams in TR-60, the emergency spillway hydrograph criteria in the “Minimum Emergency Spillway Hydrologic Criteria” table in TR-60, or greater event as specified by the regulatory authority.
</P>
<P>(B) For an impoundment meeting or exceeding the size or other criteria of § 77.216(a) of this title, a 100-year 6-hour event, or greater event as specified by the regulatory authority.
</P>
<P>(C) For an impoundment not included in paragraph (a)(9)(ii) (A) and (B) of this section, a 25-year 6-hour or greater event as specified by the regulatory authority.
</P>
<P>(10) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users.
</P>
<P>(11) <I>Inspections.</I> Except as provided in paragraph (a)(11)(iv) of this section, a qualified registered professional engineer or other qualified professional specialist under the direction of a professional engineer, shall inspect each impoundment as provided in paragraph (a)(11)(i) of this section. The professional engineer or specialist shall be experienced in the construction of impoundments.
</P>
<P>(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance bond.
</P>
<P>(ii) The qualified registered professional engineer, or qualified registered professional land surveyor as specified in paragraph (a)(11)(iv) of this section, shall promptly after each inspection required in paragraph (a)(11)(i) of this section provide to the regulatory authority a certified report that the impoundment has been constructed and/or maintained as designed and in accordance with the approved plan and this chapter. The report shall include discussion of any appearance of instability, structural weakness or other hazardous condition, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation, and any other aspects of the structure affecting stability.
</P>
<P>(iii) A copy of the report shall be retained at or near the minesite.
</P>
<P>(iv) In any State which authorizes land surveyors to prepare and certify plans in accordance with § 780.25(a) of this chapter, a qualified registered professional land surveyor may inspect any temporary or permanent impoundment that does not meet the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216(a) of this title and certify and submit the report required by paragraph (a)(11)(ii) of this section, except that all coal mine waste impounding structures covered by § 816.84 of this chapter shall be certified by a qualified registered professional engineer. The professional land surveyor shall be experienced in the construction of impoundments.
</P>
<P>(12) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216 of this title must be examined in accordance with § 77.216-3 of this title. Impoundments not meeting the SCS Class B or C criteria for dams in TR-60, or subject to § 77.216 of this title, shall be examined at least quarterly. A qualified person designated by the operator shall examine impoundments for the appearance of structural weakness and other hazardous conditions.
</P>
<P>(13) <I>Emergency procedures.</I> If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the regulatory authority of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the regulatory authority shall be notified immediately. The regulatory authority shall then notify the appropriate agencies that other emergency procedures are required to protect the public.
</P>
<P>(b) <I>Permanent impoundments.</I> A permanent impoundment of water may be created, if authorized by the regulatory authority in the approved permit based upon the following demonstration:
</P>
<P>(1) The size and configuration of such impoundment will be adequate for its intended purposes.
</P>
<P>(2) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable State and Federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable State and Federal water quality standards.
</P>
<P>(3) The water level will be sufficiently stable and be capable of supporting the intended use.
</P>
<P>(4) Final grading will provide for adequate safety and access for proposed water users.
</P>
<P>(5) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.
</P>
<P>(6) The impoundment will be suitable for the approved postmining land use.
</P>
<P>(c) <I>Temporary impoundments.</I> (1) The regulatory authority may authorize the construction of temporary impoundments as part of a surface coal mining operation.
</P>
<P>(2) In lieu of meeting the requirements in paragraph (a)(9)(i) of this section, the regulatory authority may approve an impoundment that relies primarily on storage to control the runoff from the design precipitation event when it is demonstrated by the operator and certified by a qualified registered professional engineer or qualified registered professional land surveyor in accordance with § 780.25(a) of this chapter that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current, prudent, engineering practices. Such an impoundment shall be located where failure would not be expected to cause loss of life or serious property damage, except where:
</P>
<P>(i) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216(a) of this title shall be designed to control the precipitation of the probable maximum precipitation of a 6-hour event, or greater event specified by the regulatory authority.
</P>
<P>(ii) Impoundments not included in paragraph (c)(2)(i) of this section shall be designed to control the precipitation of the 100-year 6-hour event, or greater event specified by the regulatory authority.
</P>
<CITA TYPE="N">[48 FR 44004, Sept. 26, 1983, as amended at 50 FR 16200, Apr. 24, 1985; 53 FR 43605, Oct. 27, 1988; 59 FR 53029, 53030, Oct. 20, 1994; 66 FR 14317, Mar. 12, 2001; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.56" NODE="30:3.0.1.11.47.0.1.16" TYPE="SECTION">
<HEAD>§ 816.56   Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities.</HEAD>
<P>Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of this chapter for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structures if necessary to meet the requirements of this chapter and to conform to the approved reclamation plan.
</P>
<CITA TYPE="N">[48 FR 44005, Sept. 26, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.57" NODE="30:3.0.1.11.47.0.1.17" TYPE="SECTION">
<HEAD>§ 816.57   Hydrologic balance: Stream buffer zones.</HEAD>
<P>(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the regulatory authority specifically authorizes surface mining activities closer to, or through, such a stream. The regulatory authority may authorize such activities only upon finding that—
</P>
<P>(1) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and
</P>
<P>(2) If there will be a temporary or permanent stream-channel diversion, it will comply with § 816.43.
</P>
<P>(b) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in § 816.11.
</P>
<CITA TYPE="N">[79 FR 76231, Dec. 22, 2014, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.59" NODE="30:3.0.1.11.47.0.1.18" TYPE="SECTION">
<HEAD>§ 816.59   Coal recovery.</HEAD>
<P>Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.61" NODE="30:3.0.1.11.47.0.1.19" TYPE="SECTION">
<HEAD>§ 816.61   Use of explosives: General requirements.</HEAD>
<P>(a) Each operator shall comply with all applicable State and Federal laws and regulations in the use of explosives.
</P>
<P>(b) Blasts that use more than 5 pounds of explosive or blasting agent shall be conducted according to the schedule required under § 816.64.
</P>
<P>(c) <I>Blasters.</I> (1) No later than 12 months after the blaster certification program for a State required by part 850 of this chapter has been approved under the procedures of subchapter C of this chapter, all blasting operations in that State shall be conducted under the direction of a certified blaster. Before that time, all such blasting operations in that State shall be conducted by competent, experienced persons who understand the hazards involved.
</P>
<P>(2) Certificates of blaster certification shall be carried by blasters or shall be on file at the permit area during blasting operations.
</P>
<P>(3) A blaster and at least one other person shall be present at the firing of a blast.
</P>
<P>(4) Any blaster who is responsible for conducting blasting operations at a blasting site shall:
</P>
<P>(i) Be familiar with the blasting plan and site-specific performance standards; and
</P>
<P>(ii) Give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives.
</P>
<P>(d) <I>Blast design.</I> (1) An anticipated blast design shall be submitted if blasting operations will be conducted within—
</P>
<P>(i) 1,000 feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or
</P>
<P>(ii) 500 feet of an active or abandoned underground mine.
</P>
<P>(2) The blast design may be presented as part of a permit application or at a time, before the blast, approved by the regulatory authority.
</P>
<P>(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock, and ground-vibration standards in § 816.67.
</P>
<P>(4) The blast design shall be prepared and signed by a certified blaster.
</P>
<P>(5) The regulatory authority may require changes to the design submitted.
</P>
<CITA TYPE="N">[48 FR 9492, Mar. 4, 1983, and 48 FR 9806, Mar. 8, 1983, as amended at 51 FR 19461, May 29, 1986; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.62" NODE="30:3.0.1.11.47.0.1.20" TYPE="SECTION">
<HEAD>§ 816.62   Use of explosives: Preblasting survey.</HEAD>
<P>(a) At least 30 days before initiation of blasting, the operator shall notify, in writing, all residents or owners of dwellings or other structures located within 
<FR>1/2</FR> mile of the permit area how to request a preblasting survey.
</P>
<P>(b) A resident or owner of a dwelling or structure within 
<FR>1/2</FR> mile of any part of the permit area may request a preblasting survey. This request shall be made, in writing, directly to the operator or to the regulatory authority, who shall promptly notify the operator. The operator shall promptly conduct a preblasting survey of the dwelling or structure and promptly prepare a written report of the survey. An updated survey of any additions, modifications, or renovations shall be performed by the operator if requested by the resident or owner.
</P>
<P>(c) The operator shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, cables, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.
</P>
<P>(d) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be promptly provided to the regulatory authority and to the person requesting the survey. If the person requesting the survey disagrees with the contents and/or recommendations contained therein, he or she may submit to both the operator and the regulatory authority a detailed description of the specific areas of disagreement.
</P>
<P>(e) Any surveys requested more than 10 days before the planned initiation of blasting shall be completed by the operator before the initiation of blasting.
</P>
<CITA TYPE="N">[48 FR 9807, Mar. 8, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.64" NODE="30:3.0.1.11.47.0.1.21" TYPE="SECTION">
<HEAD>§ 816.64   Use of explosives: Blasting schedule.</HEAD>
<P>(a) <I>General requirements.</I> (1) The operator shall conduct blasting operations at times approved by the regulatory authority and announced in the blasting schedule. The regulatory authority may limit the area covered, timing, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare.
</P>
<P>(2) All blasting shall be conducted between sunrise and sunset, unless nighttime blasting is approved by the regulatory authority based upon a showing by the operator that the public will be protected from adverse noise and other impacts. The regulatory authority may specify more restrictive time periods for blasting.
</P>
<P>(3) Unscheduled blasts may be conducted only where public or operator health and safety so require and for emergency blasting actions. When an operator conducts an unscheduled blast, the operator, using audible signals, shall notify residents within 
<FR>1/2</FR> mile of the blasting site and document the reason for the unscheduled blast in accordance with § 816.68(p).
</P>
<P>(b) <I>Blasting schedule publication and distribution.</I> (1) The operator shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting site at least 10 days, but not more than 30 days, before beginning a blasting program.
</P>
<P>(2) The operator shall distribute copies of the schedule to local governments and public utilities and to each local residence within 
<FR>1/2</FR> mile of the proposed blasting site described in the schedule.
</P>
<P>(3) The operator shall republish and redistribute the schedule at least every 12 months and revise and republish the schedule at least 10 days, but not more than 30 days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement.
</P>
<P>(c) <I>Blasting schedule contents.</I> The blasting schedule shall contain, at a minimum—
</P>
<P>(1) Name, address, and telephone number of operator;
</P>
<P>(2) Identification of the specific areas in which blasting will take place;
</P>
<P>(3) Dates and time periods when explosives are to be detonated;
</P>
<P>(4) Methods to be used to control access to the blasting area; and
</P>
<P>(5) Type and patterns of audible warning and all-clear signals to be used before and after blasting.
</P>
<CITA TYPE="N">[48 FR 9807, Mar. 8, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.66" NODE="30:3.0.1.11.47.0.1.22" TYPE="SECTION">
<HEAD>§ 816.66   Use of explosives: Blasting signs, warnings, and access control.</HEAD>
<P>(a) <I>Blasting signs.</I> Blasting signs shall meet the specifications of § 816.11. The operator shall—
</P>
<P>(1) Conspicuously place signs reading “Blasting Area” along the edge of any blasting area that comes within 100 feet of any public road right-of-way, and at the point where any other road provides access to the blasting area; and
</P>
<P>(2) At all entrances to the permit area from public roads or highways, place conspicuous signs which state “Warning! Explosives in Use,” which clearly list and describe the meaning of the audible blast warning and all-clear signals that are in use, and which explain the marking of blasting areas and charged holes awaiting firing within the permit area.
</P>
<P>(b) <I>Warnings.</I> Warning and all-clear signals of different character or pattern that are audible within a range of 
<FR>1/2</FR> mile from the point of the blast shall be given. Each person within the permit area and each person who resides or regularly works within 
<FR>1/2</FR> mile of the permit area shall be notified of the meaning of the signals in the blasting schedule.
</P>
<P>(c) <I>Access control.</I> Access within the blasting area shall be controlled to prevent presence of livestock or unauthorized persons during blasting and until an authorized representative of the operator has reasonably determined that—
</P>
<P>(1) No unusual hazards, such as imminent slides or undetonated charges, exist; and
</P>
<P>(2) Access to and travel within the blasting area can be safely resumed.
</P>
<CITA TYPE="N">[48 FR 9807, Mar. 8, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.67" NODE="30:3.0.1.11.47.0.1.23" TYPE="SECTION">
<HEAD>§ 816.67   Use of explosives: Control of adverse effects.</HEAD>
<P>(a) <I>General requirements.</I> Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area.
</P>
<P>(b) <I>Airblast</I>—(1) <I>Limits.</I> (i) Airblast shall not exceed the maximum limits listed below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in paragraph (e) of this section.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Lower frequency limit of measuring system, in Hz


<br/>(±3 dB)
</TH><TH class="gpotbl_colhed" scope="col">Maximum level, in dB
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0.1 Hz or lower—flat response 
<sup>1</sup></TD><TD align="left" class="gpotbl_cell">134 peak.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2 Hz or lower—flat response</TD><TD align="left" class="gpotbl_cell">133 peak.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6 Hz or lower—flat response</TD><TD align="left" class="gpotbl_cell">129 peak.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">C-weighted—slow response 
<sup>1</sup></TD><TD align="left" class="gpotbl_cell">105 peak dBC.
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Only when approved by the regulatory authority.</P></DIV></DIV>
<P>(ii) If necessary to prevent damage, the regulatory authority shall specify lower maximum allowable airblast levels than those of paragraph (b)(1)(i) of this section for use in the vicinity of a specific blasting operation.
</P>
<P>(2) <I>Monitoring.</I> (i) The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The regulatory authority may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken.
</P>
<P>(ii) The measuring systems shall have an upper-end flat-frequency response of at least 200 Hz.
</P>
<P>(c) <I>Flyrock.</I> Flyrock travelling in the air or along the ground shall not be cast from the blasting site—
</P>
<P>(1) More than one-half the distance to the nearest dwelling or other occupied structure;
</P>
<P>(2) Beyond the area of control required under § 816.66(c); or
</P>
<P>(3) Beyond the permit boundary.
</P>
<P>(d) <I>Ground vibration</I>—(1) <I>General.</I> In all blasting operations, except as otherwise authorized in paragraph (e) of this section, the maximum ground vibration shall not exceed the values approved in the blasting plan required under § 780.13 of this chapter. The maximum ground vibration for protected structures listed in paragraph (d)(2)(i) of this section shall be established in accordance with either the maximum peak-particle-velocity limits of paragraph (d)(2), the scaled-distance equation of paragraph (d)(3), the blasting-level chart of paragraph (d)(4) of this section, or by the regulatory authority under paragraph (d)(5) of this section. All structures in the vicinity of the blasting area, not listed in paragraph (d)(2)(i) of this section, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the operator in the blasting plan and approved by the regulatory authority.
</P>
<P>(2) <I>Maximum peak particle velocity.</I> (i) The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Distance (<E T="03">D</E>), from the blasting site, in feet
</TH><TH class="gpotbl_colhed" scope="col">Maximum allowable


<br/>peak particle velocity

<br/>(<E T="03">V</E> max) for ground

<br/>vibration, in

<br/>inches/second 
<sup>1</sup>
</TH><TH class="gpotbl_colhed" scope="col">Scaled-distance factor


<br/>to be applied without

<br/>seismic monitoring 
<sup>2</sup>

<br/>(<E T="03">Ds</E>)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0 to 300</TD><TD align="right" class="gpotbl_cell">1.25</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">301 to 5,000</TD><TD align="right" class="gpotbl_cell">1.00</TD><TD align="right" class="gpotbl_cell">55
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5,001 and beyond</TD><TD align="right" class="gpotbl_cell">0.75</TD><TD align="right" class="gpotbl_cell">65
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements.
</P><P class="gpotbl_note">
<sup>2</sup> Applicable to the scaled-distance equation of paragraph (d)(3)(i) of this section.</P></DIV></DIV>
<P>(ii) A seismographic record shall be provided for each blast.
</P>
<P>(3) <I>Scale-distance equation.</I> (i) An operator may use the scaled-distance equation, <I>W</I> = (<I>D/Ds</I>)
<SU>2</SU>, to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring; where <I>W</I> = the maximum weight of explosives, in pounds; <I>D</I> = the distance, in feet, from the blasting site to the nearest protected structure; and <I>Ds</I> = the scaled-distance factor, which may initially be approved by the regulatory authority using the values for scaled-distance factor listed in paragraph (d)(2)(i) of this section.
</P>
<P>(ii) The development of a modified scaled-distance factor may be authorized by the regulatory authority on receipt of a written request by the operator, supported by seismographic records of blasting at the minesite. The modified scale-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of paragraph (d)(2)(i) of this section, at a 95-percent confidence level.
</P>
<P>(4) <I>Blasting-level chart.</I> (i) An operator may use the ground-vibration limits in Figure 1 to determine the maximum allowable ground vibration.
</P>
<img src="/graphics/er17no17.018.gif"/>
<P>(ii) If the Figure 1 limits are used, a seismographic record including both particle velocity and vibration-frequency levels shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the regulatory authority before application of this alternative blasting criterion.
</P>
<P>(5) The maximum allowable ground vibration shall be reduced by the regulatory authority beyond the limits otherwise provided by this section, if determined necessary to provide damage protection.
</P>
<P>(6) The regulatory authority may require an operator to conduct seismic monitoring of any or all blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.
</P>
<P>(e) The maximum airblast and ground-vibration standards of paragraphs (b) and (d) of this section shall not apply at the following locations:
</P>
<P>(1) At structures owned by the permittee and not leased to another person.
</P>
<P>(2) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the regulatory authority before blasting.
</P>
<CITA TYPE="N">[48 FR 9807, Mar. 8, 1983, as amended at 48 FR 44780, Sept. 30, 1983; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.68" NODE="30:3.0.1.11.47.0.1.24" TYPE="SECTION">
<HEAD>§ 816.68   Use of explosives: Records of blasting operations.</HEAD>
<P>The operator shall retain a record of all blasts for at least 3 years. Upon request, copies of these records shall be made available to the regulatory authority and to the public for inspection. Such records shall contain the following data:
</P>
<P>(a) Name of the operator conducting the blast.
</P>
<P>(b) Location, date, and time of the blast.
</P>
<P>(c) Name, signature, and certification number of the blaster conducting the blast.
</P>
<P>(d) Identification, direction, and distance, in feet, from the nearest blast hole to the nearest dwelling, public building, school, church, community or institutional building outside the permit area, except those described in § 816.67(e).
</P>
<P>(e) Weather conditions, including those which may cause possible adverse blasting effects.
</P>
<P>(f) Type of material blasted.
</P>
<P>(g) Sketches of the blast pattern including number of holes, burden, spacing, decks, and delay pattern.
</P>
<P>(h) Diameter and depth of holes.
</P>
<P>(i) Types of explosives used.
</P>
<P>(j) Total weight of explosives used per hole.
</P>
<P>(k) The maximum weight of explosives detonated in an 8-millisecond period.
</P>
<P>(l) Initiation system.
</P>
<P>(m) Type and length of stemming.
</P>
<P>(n) Mats or other protections used.
</P>
<P>(o) Seismographic and airblast records, if required, which shall include—
</P>
<P>(1) Type of instrument, sensitivity, and calibration signal or certification of annual calibration;
</P>
<P>(2) Exact location of instrument and the date, time, and distance from the blast;
</P>
<P>(3) Name of the person and firm taking the reading;
</P>
<P>(4) Name of the person and firm analyzing the seismographic record; and
</P>
<P>(5) The vibration and/or airblast level recorded.
</P>
<P>(p) Reasons and conditions for each unscheduled blast.
</P>
<CITA TYPE="N">[48 FR 9809, Mar. 8, 1983, as amended at 52 FR 29181, Aug. 6, 1987; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.71" NODE="30:3.0.1.11.47.0.1.25" TYPE="SECTION">
<HEAD>§ 816.71   Disposal of excess spoil: General requirements.</HEAD>
<P>(a) <I>General.</I> Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled manner to—
</P>
<P>(1) Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;
</P>
<P>(2) Ensure mass stability and prevent mass movement during and after construction; and
</P>
<P>(3) Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use.
</P>
<P>(b) <I>Design certification.</I> (1) The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet any design criteria established by the regulatory authority. A qualified registered professional engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.
</P>
<P>(2) The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction.
</P>
<P>(c) <I>Location.</I> The disposal area shall be located on the most moderately sloping and naturally stable areas available, as approved by the regulatory authority, and shall be placed, where possible, upon or above a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.
</P>
<P>(d) <I>Foundation.</I> (1) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures.
</P>
<P>(2) Where the slope in the disposal area is in excess of 2.8h:1v (36 percent), or such lesser slope as may be designated by the regulatory authority based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with § 780.35(c) of this chapter to determine the size of rock toe buttresses and keyway cuts.
</P>
<P>(e) <I>Placement of excess spoil.</I> (1) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated and stored or redistributed in accordance with § 816.22. If approved by the regulatory authority, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.
</P>
<P>(2) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding 4 feet in thickness; concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction; graded so that surface and subsurface drainage is compatible with the natural surroundings; and covered with topsoil or substitute material in accordance with § 816.22 of this chapter. The regulatory authority may approve a design which incorporates placement of excess spoil in horizontal lifts other than 4 feet in thickness when it is demonstrated by the operator and certified by a qualified registered professional engineer that the design will ensure the stability of the fill and will meet all other applicable requirements.
</P>
<P>(3) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h: 1v (50 percent).
</P>
<P>(4) No permanent impoundments are allowed on the completed fill. Small depressions may be allowed by the regulatory authority if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation; and if they are not incompatible with the stability of the fill.
</P>
<P>(5) Excess spoil that is acid- or toxic-forming or combustible shall be adequately covered with nonacid, nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with § 816.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use.
</P>
<P>(f) <I>Drainage control.</I> (1) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.
</P>
<P>(2) Diversions shall comply with the requirements of § 816.43.
</P>
<P>(3) Underdrains shall consist of durable rock or pipe, be designed and constructed using current, prudent engineering practices and meet any design criteria established by the regulatory authority. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid-,nontoxic-forming rock (<I>e.g.,</I> natural sand and gravel, sandstone, limestone, or other durable rock) that does not slake in water or degrade to soil material, and which is free of coal, clay or other nondurable material. Perforated pipe underdrains shall be corrosion resistant and shall have characteristics consistent with the long-term life of the fill.
</P>
<P>(g) <I>Surface area stabilization.</I> Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.
</P>
<P>(h) <I>Inspections.</I> A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall periodically inspect the fill during construction. The professional engineer or specialist shall be experienced in the construction of earth and rock fills.
</P>
<P>(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:
</P>
<P>(i) Foundation preparation, including the removal of all organic material and topsoil; (ii) placement of underdrains and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and revegetated fill. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials.
</P>
<P>(2) The qualified registered professional engineer shall provide a certified report to the regulatory authority promptly after each inspection that the fill has been constructed and maintained as designed and in accordance with the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other hazardous conditions.
</P>
<P>(3)(i) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately.
</P>
<P>(ii) Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with § 816.73, color photographs shall be taken of the underdrain as the underdrain system is being formed.
</P>
<P>(iii) The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.
</P>
<P>(4) A copy of each inspection report shall be retained at or near the mine site.
</P>
<P>(i) <I>Coal mine waste.</I> Coal mine waste may be disposed of in excess spoil fills if approved by the regulatory authority and, if such waste is—
</P>
<P>(1) Placed in accordance with § 816.83;
</P>
<P>(2) Nontoxic and nonacid forming; and
</P>
<P>(3) Of the proper characteristics to be consistent with the design stability of the fill.
</P>
<P>(j) <I>Underground disposal.</I> Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the regulatory authority and MSHA under § 784.25 of this chapter.
</P>
<CITA TYPE="N">[48 FR 32925, July 19, 1983, as amended at 48 FR 44780, Sept. 30, 1983; 73 FR 75883, Dec. 12, 2008; 79 FR 76231, Dec. 22, 2014; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.72" NODE="30:3.0.1.11.47.0.1.26" TYPE="SECTION">
<HEAD>§ 816.72   Disposal of excess spoil: Valley fills/head-of-hollow fills.</HEAD>
<P>Valley fills and head-of-hollow fills shall meet the requirements of § 816.71 and the additional requirements of this section.
</P>
<P>(a) <I>Drainage control.</I> (1) The top surface of the completed fill shall be graded such that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill.
</P>
<P>(2) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of § 816.43 and, in addition, to safely pass the runoff from a 100-year, 6-hour precipitation event.
</P>
<P>(b) <I>Rock-core chimney drains.</I> A rock-core chimney drain may be used in a head-of-hollow fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed 250,000 cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows.
</P>
<P>(1) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least 16 feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of § 816.71(f).
</P>
<P>(2) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.
</P>
<P>(3) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v (3 percent). A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than 10,000 cubic feet of water. Terraces on the fill shall be graded with a 3 to 5 percent grade toward the fill and a 1 percent slope toward the rock core.
</P>
<CITA TYPE="N">[48 FR 32926, July 19, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 816.73" NODE="30:3.0.1.11.47.0.1.27" TYPE="SECTION">
<HEAD>§ 816.73   Disposal of excess spoil: Durable rock fills.</HEAD>
<P>The regulatory authority may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:
</P>
<P>(a) Except as provided in this section, the requirements of § 816.71 are met.
</P>
<P>(b) The excess spoil consists of at least 80 percent, by volume, durable, nonacid- and nontoxic-forming rock (<I>e.g.,</I> sandstone or limestone) that does not slake in water and will not degrade to soil material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil materials shall be mixed with excess durable rock spoil in a controlled manner such that no more than 20 percent of the fill volume, as determined by tests performed by a registered engineer and approved by the regulatory authority, is not durable rock.
</P>
<P>(c) A qualified registered professional engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements.
</P>
<P>(d) The fill is designed to attain a minimum long-term static safety factor of 1.5, and an earthquake safety factor of 1.1.
</P>
<P>(e) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements for drainage control are met.
</P>
<P>(f) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of § 816.43 and to safely pass the runoff from a 100-year, 6-hour precipitation event.
</P>
<CITA TYPE="N">[48 FR 32926, July 19, 1983, as amended at 48 FR 44780, Sept. 30, 1983; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.74" NODE="30:3.0.1.11.47.0.1.28" TYPE="SECTION">
<HEAD>§ 816.74   Disposal of excess spoil: Preexisting benches.</HEAD>
<P>(a) The regulatory authority may approve the disposal of excess spoil through placement on a preexisting bench if the affected portion of the preexisting bench is permitted and the standards set forth in §§ 816.102(c), (e) through (h), and (j), and the requirements of this section are met.
</P>
<P>(b) All vegetation and organic materials shall be removed from the affected portion of the preexisting bench prior to placement of the excess spoil. Any available topsoil on the bench shall be removed, stored and redistributed in accordance with § 816.22 of this part. Substitute or supplemental materials may be used in accordance with § 816.22(b) of this part.
</P>
<P>(c) The fill shall be designed and constructed using current, prudent engineering practices. The design will be certified by a registered professional engineer. The spoil shall be placed on the solid portion of the bench in a controlled manner and concurrently compacted as necessary to attain a long term static safety factor of 1.3 for all portions of the fill. Any spoil deposited on any fill portion of the bench will be treated as excess spoil fill under § 816.71.
</P>
<P>(d) The preexisting bench shall be backfilled and graded to—
</P>
<P>(1) Achieve the most moderate slope possible which does not exceed the angle of repose;
</P>
<P>(2) Eliminate the highwall to the maximum extent technically practical;
</P>
<P>(3) Minimize erosion and water pollution both on and off the site; and
</P>
<P>(4) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.
</P>
<P>(e) All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.
</P>
<P>(f) Permanent impoundments may not be constructed on preexisting benches backfilled with excess spoil under this regulation.
</P>
<P>(g) Final configuration of the backfill must be compatible with the natural drainage patterns and the surrounding area, and support the approved postmining land use.
</P>
<P>(h) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the regulatory authority provided that—
</P>
<P>(1) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the regulatory authority to minimize hazards to health and safety and to ensure that damage will be minimized between the benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;
</P>
<P>(2) All gravity transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill;
</P>
<P>(3) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity transported to the lower bench prior to construction of the berm.
</P>
<P>(4) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses properly prepared according to § 816.22. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of this part.
</P>
<CITA TYPE="N">[48 FR 32927, July 19, 1983, as amended at 56 FR 65635, Dec. 17, 1991; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.79" NODE="30:3.0.1.11.47.0.1.29" TYPE="SECTION">
<HEAD>§ 816.79   Protection of underground mining.</HEAD>
<P>No surface mining activities shall be conducted closer than 500 feet to any point of either an active or abandoned underground mine, except to the extent that—
</P>
<P>(a) The activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public; and
</P>
<P>(b) The nature, timing, and sequence of the activities that propose to mine closer than 500 feet to an active underground mine are jointly approved by the regulatory authority, the Mine Safety and Health Administration, and the State agency, if any, responsible for the safety of underground mine workers.
</P>
<CITA TYPE="N">[48 FR 24651, June 1, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 816.81" NODE="30:3.0.1.11.47.0.1.30" TYPE="SECTION">
<HEAD>§ 816.81   Coal mine waste: General requirements.</HEAD>
<P>(a) <I>General.</I> All coal mine waste disposed of in an area other than the mine workings or excavations shall be placed in new or existing disposal areas within a permit area, which are approved by the regulatory authority for this purpose. Coal mine waste shall be hauled or conveyed and placed for final placement in a controlled manner to—
</P>
<P>(1) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;
</P>
<P>(2) Ensure mass stability and prevent mass movement during and after construction;
</P>
<P>(3) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;
</P>
<P>(4) Not create a public hazard; and
</P>
<P>(5) Prevent combustion.
</P>
<P>(b) Coal mine waste material from activities located outside a permit area may be disposed of in the permit area only if approved by the regulatory authority. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this section.
</P>
<P>(c) <I>Design certification.</I> (1) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the regulatory authority. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall certify the design of the disposal facility.
</P>
<P>(2) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments must be stable under all conditions of construction.
</P>
<P>(d) <I>Foundation.</I> Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.
</P>
<P>(e) <I>Emergency procedures.</I> If any examination or inspection discloses that a potential hazard exists, the regulatory authority shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the regulatory authority shall be notified immediately. The regulatory authority shall then notify the appropriate agencies that other emergency procedures are required to protect the public.
</P>
<P>(f) <I>Underground disposal.</I> Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the regulatory authority and MSHA under § 784.25 of this chapter.
</P>
<CITA TYPE="N">[48 FR 44028, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17, 1991; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.83" NODE="30:3.0.1.11.47.0.1.31" TYPE="SECTION">
<HEAD>§ 816.83   Coal mine waste: Refuse piles.</HEAD>
<P>Refuse piles shall meet the requirements of § 816.81, the additional requirements of this section, and the requirements of §§ 77.214 and 77.215 of this title.
</P>
<P>(a) <I>Drainage control.</I> (1) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.
</P>
<P>(2) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of § 816.43 to safely pass the runoff from a 100-year, 6-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.
</P>
<P>(3) Underdrains shall comply with the requirements of § 816.71(f)(3).
</P>
<P>(b) <I>Surface area stabilization.</I> Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.
</P>
<P>(c) <I>Placement.</I> (1) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with § 816.22. If approved by the regulatory authority, organic material may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.
</P>
<P>(2) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control or erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50 percent).
</P>
<P>(3) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the regulatory authority if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.
</P>
<P>(4) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of 4 feet of the best available, nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The regulatory authority may allow less than 4 feet of cover material based on physical and chemical analyses which show that the requirements of §§ 816.111 through 816.116 will be met.
</P>
<P>(d) <I>Inspections.</I> A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall inspect the refuse pile during construction. The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures.
</P>
<P>(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:
</P>
<P>(i) Foundation preparation including the removal of all organic material and topsoil; (ii) placement of underdrains and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and revegetated facility. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the regulatory authority.
</P>
<P>(2) The qualified registered professional engineer shall provide a certified report to the regulatory authority promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other hazardous conditions.
</P>
<P>(3) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.
</P>
<P>(4) A copy of each inspection report shall be retained at or near the minesite.
</P>
<CITA TYPE="N">[48 FR 44028, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17, 1991; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.84" NODE="30:3.0.1.11.47.0.1.32" TYPE="SECTION">
<HEAD>§ 816.84   Coal mine waste: Impounding structures.</HEAD>
<P>New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of § 816.81.
</P>
<P>(a) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the regulatory authority that the stability of such a structure conforms to the requirements of this part and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the regulatory authority in accordance with § 780.25 of this chapter.
</P>
<P>(b)(1) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with § 816.49 (a) and (c). Such structures may not be retained permanently as part of the approved postmining land use.
</P>
<P>(2) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of § 77.216(a) of this title shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control, the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the regulatory authority.
</P>
<P>(c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.
</P>
<P>(d) <I>Drainage control.</I> Runoff from areas above the disposal facility or runoff from surface of the facility that may cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of § 816.43 and designed to safely pass the round off from a 100-year, 6-hour design precipitation event.
</P>
<P>(e) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least 90 percent of the water stored during the design precipitation event can be removed within a 10-day period.
</P>
<P>(f) For an impounding structure constructed of or impounding coal mine waste, at least 90 percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.
</P>
<CITA TYPE="N">[48 FR 44029, Sept. 26, 1983, as amended at 53 FR 43606, Oct. 27, 1988; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.87" NODE="30:3.0.1.11.47.0.1.33" TYPE="SECTION">
<HEAD>§ 816.87   Coal mine waste: Burning and burned waste utilization.</HEAD>
<P>(a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the regulatory authority and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.
</P>
<P>(b) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the regulatory authority. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.
</P>
<CITA TYPE="N">[48 FR 44029, Sept. 26, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.89" NODE="30:3.0.1.11.47.0.1.34" TYPE="SECTION">
<HEAD>§ 816.89   Disposal of noncoal mine wastes.</HEAD>
<P>(a) Noncoal mine wastes including, but not limited to grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.
</P>
<P>(b) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area or a State-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of 2 feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with §§ 816.111 through 816.116. Operation of the disposal site shall be conducted in accordance with all local, State and Federal requirements.
</P>
<P>(c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an excavation for a noncoal mine waste disposal site be located within 8 feet of any coal outcrop or coal storage area.
</P>
<CITA TYPE="N">[48 FR 44030, Sept. 26, 1983, as amended at 56 FR 65635, Dec. 17, 1991; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.95" NODE="30:3.0.1.11.47.0.1.35" TYPE="SECTION">
<HEAD>§ 816.95   Stabilization of surface areas.</HEAD>
<P>(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.
</P>
<P>(b) Rills and gullies, which form in areas that have been regraded and topsoiled and which either (1) disrupt the approved postmining land use or the reestablishment of the vegetative cover, or (2) cause or contribute to a violation of water quality standards for receiving streams shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted.
</P>
<CITA TYPE="N">[48 FR 1163, Jan. 10, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.97" NODE="30:3.0.1.11.47.0.1.36" TYPE="SECTION">
<HEAD>§ 816.97   Protection of fish, wildlife, and related environmental values.</HEAD>
<P>(a) The operator shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and shall achieve enhancement of such resources where practicable.
</P>
<P>(b) <I>Endangered and threatened species.</I> No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 <I>et seq.</I>). The operator shall promptly report to the regulatory authority any State- or federally-listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the regulatory authority shall consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.
</P>
<P>(c) <I>Bald and golden eagles.</I> No surface mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the regulatory authority any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the regulatory authority shall consult with the U.S. Fish and Wildlife Service and also, where appropriate, the State fish and wildlife agency and, after consultation, shall identify whether, and under what conditions, the operator may proceed.
</P>
<P>(d) Nothing in this chapter shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 <I>et seq.,</I> or the Bald Eagle Protection Act, as amended, 16 U.S.C. 668 <I>et seq.</I>
</P>
<P>(e) Each operator shall, to the extent possible using the best technology currently available—
</P>
<P>(1) Ensure that electric powerlines and other transmission facilities used for, or incidental to, surface mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where the regulatory authority determines that such requirements are unnecessary;
</P>
<P>(2) Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or Federal law;
</P>
<P>(3) Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except where the regulatory authority determines that such requirements are unnecessary; and
</P>
<P>(4) Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.
</P>
<P>(f) <I>Wetlands and habitats of unusually high value for fish and wildlife.</I> The operator conducting surface mining activities shall avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes. Surface mining activities shall avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.
</P>
<P>(g) Where fish and wildlife habitat is to be a postmining land use, the plant species to be used on reclaimed areas shall be selected on the basis of the following criteria:
</P>
<P>(1) Their proven nutritional value for fish or wildlife.
</P>
<P>(2) Their use as cover for fish or wildlife.
</P>
<P>(3) Their ability to support and enhance fish or wildlife habitat after the release of performance bonds. The selected plants shall be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits to fish and wildlife.
</P>
<P>(h) Where cropland is to be the postmining land use, and where appropriate for wildlife- and crop-management practices, the operator shall intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals.
</P>
<P>(i) Where residential, public service, or industrial uses are to be the postmining land use, and where consistent with the approved postmining land use, the operator shall intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs, and trees useful as food and cover for wildlife.
</P>
<CITA TYPE="N">[48 FR 30327, June 30, 1983, as amended at 52 FR 47360, Dec. 11, 1987; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.99" NODE="30:3.0.1.11.47.0.1.37" TYPE="SECTION">
<HEAD>§ 816.99   Slides and other damage.</HEAD>
<P>(a) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the regulatory authority as is needed to assure stability. The barrier shall be retained in place to prevent slides and erosion.
</P>
<P>(b) At any time a slide occurs which may have a potential adverse affect on public property, health, safety, or the environment, the person who conducts the surface mining activities shall notify the regulatory authority by the fastest available means and comply with any remedial measures required by the regulatory authority.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.100" NODE="30:3.0.1.11.47.0.1.38" TYPE="SECTION">
<HEAD>§ 816.100   Contemporaneous reclamation.</HEAD>
<P>Reclamation efforts, including but not limited to backfilling, grading, topsoil replacement, and revegetation, on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, except when such mining operations are conducted in accordance with a variance for concurrent surface and underground mining activities issued under § 785.18 of this chapter.
</P>
<CITA TYPE="N">[48 FR 24652, June 1, 1983, as amended at 56 FR 65635, Dec. 17, 1991; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 816.101" NODE="30:3.0.1.11.47.0.1.39" TYPE="SECTION">
<HEAD>§ 816.101   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 816.102" NODE="30:3.0.1.11.47.0.1.40" TYPE="SECTION">
<HEAD>§ 816.102   Backfilling and grading: General requirements.</HEAD>
<P>(a) Disturbed areas shall be backfilled and graded to—
</P>
<P>(1) Achieve the approximate original contour, except as provided in paragraph (k) of this section;
</P>
<P>(2) Eliminate all highwalls, spoil piles, and depressions, except as provided in paragraph (h) (small depressions) and in paragraph (k)(3)(iii) (previously mined highwalls) of this section;
</P>
<P>(3) Achieve a postmining slope that does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum long-term static safety factor of 1.3 and to prevent slides;
</P>
<P>(4) Minimize erosion and water pollution both on and off the site; and
</P>
<P>(5) Support the approved postmining land use.
</P>
<P>(b) Spoil, except excess spoil disposed of in accordance with §§ 816.71 through 816.74, shall be returned to the mined-out area.
</P>
<P>(c) Spoil and waste materials shall be compacted where advisable to ensure stability or to prevent leaching of toxic materials.
</P>
<P>(d) Spoil may be placed on the area outside the mined-out area in nonsteep slope areas to restore the approximate original contour by blending the spoil into the surrounding terrain if the following requirements are met:
</P>
<P>(1) All vegetative and organic material shall be removed from the area.
</P>
<P>(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with § 816.22.
</P>
<P>(3) The spoil shall be backfilled and graded on the area in accordance with the requirements of this section.
</P>
<P>(e) Disposal of coal processing waste and underground development waste in the mined-out area shall be in accordance with §§ 816.81 and 816.83, except that a long-term static safety factor of 1.3 shall be achieved.
</P>
<P>(f) Exposed coal seams, acid- and toxic-forming materials, and combustible materials exposed, used, or produced during mining shall be adequately covered with nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with § 816.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use.
</P>
<P>(g) Cut-and-fill terraces may be allowed by the regulatory authority where—
</P>
<P>(1) Needed to conserve soil moisture, ensure stability, and control erosion on final-graded slopes, if the terraces are compatible with the approved postmining land use; or
</P>
<P>(2) Specialized grading, foundation conditions, or roads are required for the approved postmining land use, in which case the final grading may include a terrace of adequate width to ensure the safety, stability, and erosion control necessary to implement the postmining land-use plan.
</P>
<P>(h) Small depressions may be constructed if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation.
</P>
<P>(i) Permanent impoundments may be approved if they meet the requirements of §§ 816.49 and 816.56 and if they are suitable for the approved postmining land use.
</P>
<P>(j) Preparation of final-graded surfaces shall be conducted in a manner that minimizes erosion and provides a surface for replacement of topsoil that will minimize slippage.
</P>
<P>(k) The postmining slope may vary from the approximate original contour when—
</P>
<P>(1) The standards for thin overburden in § 816.104 are met;
</P>
<P>(2) The standards for thick overburden in § 816.105 are met; or
</P>
<P>(3) Approval is obtained from the regulatory authority for—
</P>
<P>(i) Mountaintop removal operations in accordance with § 785.14 of this chapter;
</P>
<P>(ii) A variance from approximate original contour requirements in accordance with § 785.16 of this chapter; or
</P>
<P>(iii) Incomplete elimination of highwalls in previously mined areas in accordance with § 816.106.
</P>
<CITA TYPE="N">[48 FR 23368, May 24, 1983, as amended at 48 FR 41734, Sept. 16, 1983; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.104" NODE="30:3.0.1.11.47.0.1.41" TYPE="SECTION">
<HEAD>§ 816.104   Backfilling and grading: Thin overburden.</HEAD>
<P>(a) <I>Definition.</I> Thin overburden means insufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour. Insufficient spoil and other waste materials occur where the overburden thickness times the swell factor, plus the thickness of other available waste materials, is less than the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:
</P>
<P>(1) Closely resemble the surface configuration of the land prior to mining; or
</P>
<P>(2) Blend into and complement the drainage pattern of the surrounding terrain.
</P>
<P>(b) <I>Performance standards.</I> Where thin overburden occurs within the permit area, the permittee at a minimum shall:
</P>
<P>(1) Use all spoil and other waste materials available from the entire permit area to attain the lowest practicable grade, but not more than the angle of repose; and
</P>
<P>(2) Meet the requirements of §§ 816.102(a)(2) through (j) of this part.
</P>
<CITA TYPE="N">[56 FR 65635, Dec. 17, 1991, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.105" NODE="30:3.0.1.11.47.0.1.42" TYPE="SECTION">
<HEAD>§ 816.105   Backfilling and grading: Thick overburden.</HEAD>
<P>(a) <I>Definition.</I> Thick overburden means more than sufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour. More than sufficient spoil and other waste materials occur where the overburden thickness times the swell factor exceeds the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:
</P>
<P>(1) Closely resemble the surface configuration of the land prior to mining; or
</P>
<P>(2) Blend into and complement the drainage pattern of the surrounding terrain.
</P>
<P>(b) <I>Performance standards.</I> Where thick overburden occurs within the permit area, the permittee at a minimum shall:
</P>
<P>(1) Restore the approximate original contour and then use the remaining spoil and other waste materials to attain the lowest practicable grade, but not more than the angle of repose;
</P>
<P>(2) Meet the requirements of §§ 816.102 (a)(2) through (j) of this part; and
</P>
<P>(3) Dispose of any excess spoil in accordance with §§ 816.71 through 816.74 of this part.
</P>
<CITA TYPE="N">[56 FR 65635, Dec. 17, 1991, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.106" NODE="30:3.0.1.11.47.0.1.43" TYPE="SECTION">
<HEAD>§ 816.106   Backfilling and grading: Previously mined areas.</HEAD>
<P>(a) Remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of §§ 816.102 through 816.107 of this chapter, except as provided in this section.
</P>
<P>(b) The requirements of § 816.102(a) (1) and (2) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the regulatory authority to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:
</P>
<P>(1) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area.
</P>
<P>(2) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability.
</P>
<P>(3) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the regulatory authority, that the highwall remnant is stable.
</P>
<P>(4) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.
</P>
<CITA TYPE="N">[48 FR 41734, Sept. 16, 1983, as amended at 51 FR 41737, Nov. 18, 1986; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.107" NODE="30:3.0.1.11.47.0.1.44" TYPE="SECTION">
<HEAD>§ 816.107   Backfilling and grading: Steep slopes.</HEAD>
<P>(a) Surface mining activities on steep slopes shall be conducted so as to meet the requirements of §§ 816.102-816.106, and the requirements of this section except where mining is conducted on flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area or where operations are conducted in accordance with part 824 of this chapter.
</P>
<P>(b) The following materials shall not be placed on the downslope:
</P>
<P>(1) Spoil.
</P>
<P>(2) Waste materials of any type.
</P>
<P>(3) Debris, including that from clearing and grubbing.
</P>
<P>(4) Abandoned or disabled equipment.
</P>
<P>(c) Land above the highwall shall not be disturbed unless the regulatory authority finds that this disturbance will facilitate compliance with the environmental protection standards of this subchapter and the disturbance is limited to that necessary to facilitate compliance.
</P>
<P>(d) Woody materials shall not be buried in the backfilled area unless the regulatory authority determines that the proposed method for placing woody material within the backfill will not deteriorate the stable condition of the backfilled area.
</P>
<CITA TYPE="N">[48 FR 23369, May 24, 1983, as amended at 48 FR 41734, Sept. 16, 1983; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.111" NODE="30:3.0.1.11.47.0.1.45" TYPE="SECTION">
<HEAD>§ 816.111   Revegetation: General requirements.</HEAD>
<P>(a) The permittee shall establish on regraded areas and on all other disturbed areas except water areas and surface areas of roads that are approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is—
</P>
<P>(1) Diverse, effective, and permanent;
</P>
<P>(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the regulatory authority;
</P>
<P>(3) At least equal in extent of cover to the natural vegetation of the area; and
</P>
<P>(4) Capable of stabilizing the soil surface from erosion.
</P>
<P>(b) The reestablished plant species shall—
</P>
<P>(1) Be compatible with the approved postmining land use;
</P>
<P>(2) Have the same seasonal characteristics of growth as the original vegetation;
</P>
<P>(3) Be capable of self-regeneration and plant succession;
</P>
<P>(4) Be compatible with the plant and animal species of the area; and
</P>
<P>(5) Meet the requirements of applicable State and Federal seed, poisonous and noxious plant, and introduced species laws or regulations.
</P>
<P>(c) The regulatory authority may grant exception to the requirements of paragraphs (b) (2) and (3) of this section when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.
</P>
<P>(d) When the regulatory authority approves a cropland postmining land use, the regulatory authority may grant exception to the requirements of paragraphs (a) (1), (3), (b) (2), and (3) of this section. The requirements of part 823 of this chapter apply to areas identified as prime farmland.
</P>
<CITA TYPE="N">[48 FR 40160, Sept. 2, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 816.113" NODE="30:3.0.1.11.47.0.1.46" TYPE="SECTION">
<HEAD>§ 816.113   Revegetation: Timing.</HEAD>
<P>Disturbed areas shall be planted during the first normal period for favorable planting conditions after replacement of the plant-growth medium. The normal period for favorable planting is that planting time generally accepted locally for the type of plant materials selected.
</P>
<CITA TYPE="N">[48 FR 40160, Sept. 2, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.114" NODE="30:3.0.1.11.47.0.1.47" TYPE="SECTION">
<HEAD>§ 816.114   Revegetation: Mulching and other soil stabilizing practices.</HEAD>
<P>Suitable mulch and other soil stabilizing practices shall be used on all areas that have been regraded and covered by topsoil or topsoil substitutes. The regulatory authority may waive this requirement if seasonal, soil, or slope factors result in a condition where mulch and other soil stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover.
</P>
<CITA TYPE="N">[48 FR 40160, Sept. 2, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.116" NODE="30:3.0.1.11.47.0.1.48" TYPE="SECTION">
<HEAD>§ 816.116   Revegetation: Standards for success.</HEAD>
<P>(a) Success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the general requirements of § 816.111.
</P>
<P>(1) Standards for success and statistically valid sampling techniques for measuring success shall be selected by the regulatory authority, described in writing, and made available to the public.
</P>
<P>(2) Standards for success shall include criteria representative of unmined lands in the area being reclaimed to evaluate the appropriate vegetation parameters of ground cover, production, or stocking. Ground cover, production, or stocking shall be considered equal to the approved success standard when they are not less than 90 percent of the success standard. The sampling techniques for measuring success shall use a 90-percent statistical confidence interval (<I>i.e.,</I> one-sided test with a 0.10 alpha error).
</P>
<P>(b) Standards for success shall be applied in accordance with the approved postmining land use and, at a minimum, the following conditions:
</P>
<P>(1) For areas developed for use as grazing land or pasture land, the ground cover and production of living plants on the revegetated area shall be at least equal to that of a reference area or such other success standards approved by the regulatory authority.
</P>
<P>(2) For areas developed for use as cropland, crop production on the revegetated area shall be at least equal to that of a reference area or such other success standards approved by the regulatory authority.
</P>
<P>(3) For areas to be developed for fish and wildlife habitat, recreation, undeveloped land, or forest products, success of vegetation shall be determined on the basis of tree and shrub stocking and vegetative ground cover. Such parameters are described as follows:
</P>
<P>(i) Minimum stocking and planting arrangements shall be specified by the regulatory authority on the basis of local and regional conditions and after consultation with and approval by the State agencies responsible for the administration of forestry and wildlife programs. Consultation and approval may occur on either a programwide or a permit-specific basis.
</P>
<P>(ii) Trees and shrubs that will be used in determining the success of stocking and the adequacy of the plant arrangement shall have utility for the approved postmining land use. Trees and shrubs counted in determining such success shall be healthy and have been in place for not less than two growing seasons. At the time of bond release, at least 80 percent of the trees and shrubs used to determine such success shall have been in place for 60 percent of the applicable minimum period of responsibility. The requirements of this section apply to trees and shrubs that have been seeded or transplanted and can be met when records of woody vegetation planted show that no woody plants were planted during the last two growing seasons of the responsibility period and, if any replanting of woody plants took place during the responsibility period, the total number planted during the last 60 percent of that period is less than 20 percent of the total number of woody plants required. Any replanting must be by means of transplants to allow for adequate accounting of plant stocking. This final accounting may include volunteer trees and shrubs of approved species. Volunteer trees and shrubs of approved species shall be deemed equivalent to planted specimens two years of age or older and can be counted towards success. Suckers on shrubby vegetation can be counted as volunteer plants when it is evident the shrub community is vigorous and expanding.
</P>
<P>(iii) Vegetative ground cover shall not be less than that required to achieve the approved postmining land use.
</P>
<P>(4) For areas to be developed for industrial, commercial, or residential use less than 2 years after regrading is completed, the vegetative ground cover shall not be less than that required to control erosion.
</P>
<P>(5) For areas previously disturbed by mining that were not reclaimed to the requirements of this subchapter and that are remined or otherwise redisturbed by surface coal mining operations, as a minimum, the vegetative ground cover shall be not less than the ground cover existing before redisturbance and shall be adequate to control erosion.
</P>
<P>(c)(1) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, irrigation, or other work, excluding husbandry practices that are approved by the regulatory authority in accordance with paragraph (c)(4) of this section.
</P>
<P>(2) In areas of more than 26.0 inches of annual average precipitation, the period of responsibility shall continue for a period of not less than:
</P>
<P>(i) Five full years, except as provided in paragraph (c)(2)(ii) of this section. The vegetation parameters identified in paragraph (b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any 2 years of the responsibility period, except the first year. Areas approved for the other uses identified in paragraph (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period.
</P>
<P>(ii) Two full years for lands eligible for remining included in a permit for which a finding has been made under § 773.15(m) of this chapter. To the extent that the success standards are established by paragraph (b)(5) of this section, the lands must equal or exceed the standards during the growing season of the last year of the responsibility period.
</P>
<P>(3) In areas of 26.0 inches or less average annual precipitation, the period of responsibility shall continue for a period of not less than:
</P>
<P>(i) Ten full years, except as provided in paragraph (c)(3)(ii) in this section. The vegetation parameters identified in paragraph (b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any two years after year six of the responsibility period. Areas approved for the other uses identified in paragraph (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period.
</P>
<P>(ii) Five full years for lands eligible for remining included in a permit for which a finding has been made under § 773.15(m) of this chapter. To the extent that the success standards are established by paragraph (b)(5) of this section, the lands must equal or exceed the standards during the growing seasons of the last two consecutive years of the responsibility period.
</P>
<P>(4) The regulatory authority may approve selective husbandry practices, excluding augmented seeding, fertilization, or irrigation, provided it obtains prior approval from the Director in accordance with § 732.17 of this chapter that the practices are normal husbandry practices, without extending the period of responsibility for revegetation success and bond liability, if such practices can be expected to continue as part of the postmining land use or if discontinuance of the practices after the liability period expires will not reduce the probability of permanent revegetation success. Approved practices shall be normal husbandry practices within the region for unmined lands having land uses similar to the approved postmining land use of the disturbed area, including such practices as disease, pest, and vermin control; and any pruning, reseeding, and transplanting specifically necessitated by such actions.
</P>
<CITA TYPE="N">[48 FR 40160, Sept. 2, 1983, as amended at 53 FR 34642, Sept. 7, 1988; 60 FR 58492, Nov. 27, 1995; 71 FR 51705, Aug. 30, 2006; 73 FR 67630, Nov. 14, 2008; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.131" NODE="30:3.0.1.11.47.0.1.49" TYPE="SECTION">
<HEAD>§ 816.131   Cessation of operations: Temporary.</HEAD>
<P>(a) Each person who conducts surface mining activities shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of their obligation to comply with any provisions of the approved permit.
</P>
<P>(b) Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, persons who conduct surface mining activities shall submit to the regulatory authority a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area, prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished, and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.132" NODE="30:3.0.1.11.47.0.1.50" TYPE="SECTION">
<HEAD>§ 816.132   Cessation of operations: Permanent.</HEAD>
<P>(a) Persons who cease surface mining activities permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and the permit approved by the regulatory authority.
</P>
<P>(b) All underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the regulatory authority as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.
</P>
<CITA TYPE="N">[44 FR 15395, Mar. 13, 1979, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.133" NODE="30:3.0.1.11.47.0.1.51" TYPE="SECTION">
<HEAD>§ 816.133   Postmining land use.</HEAD>
<P>(a) <I>General.</I> All disturbed areas shall be restored in a timely manner to conditions that are capable of supporting—
</P>
<P>(1) The uses they were capable of supporting before any mining; or
</P>
<P>(2) Higher or better uses.
</P>
<P>(b) <I>Determining premining uses of land.</I> The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed. The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the land use that existed prior to any mining: <I>Provided that,</I> if the land cannot be reclaimed to the land use that existed prior to any mining because of the previously mined condition, the postmining land use shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.


</P>
<P>(c) <I>Criteria for alternative postmining land uses.</I> Higher or better uses may be approved by the regulatory authority as alternative postmining land uses after consultation with the landowner or the land management agency having jurisdiction over the lands, if the proposed uses meet the following criteria:
</P>
<P>(1) There is a reasonable likelihood for achievement of the use.
</P>
<P>(2) The use does not present any actual or probable hazard to public health or safety, or threat of water diminution or pollution.
</P>
<P>(3) The use will not—
</P>
<P>(i) Be impractical or unreasonable;
</P>
<P>(ii) Be inconsistent with applicable land use policies or plans;
</P>
<P>(iii) Involve unreasonable delay in implementation; or
</P>
<P>(iv) Cause or contribute to violation of Federal, State, or local law.
</P>
<P>(d) <I>Approximate original contour: Criteria for variance.</I> Surface coal mining operations that meet the requirements of this paragraph may be conducted under a variance from the requirement to restore disturbed areas to their approximate original contour, if the following requirements are satisfied:
</P>
<P>(1) The regulatory authority grants the variance under a permit issued in accordance with § 785.16 of this chapter.
</P>
<P>(2) The alternative postmining land use requirements of paragraph (c) of this section are met.
</P>
<P>(3) All applicable requirements of the Act and the regulatory program, other than the requirement to restore disturbed areas to their approximate original contour, are met.
</P>
<P>(4) After consultation with the appropriate land use planning agencies, if any, the potential use is shown to constitute an equal or better economic or public use.
</P>
<P>(5) The proposed use is designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.
</P>
<P>(6) After approval, where required, of the appropriate State environmental agencies, the watershed of the permit and adjacent areas is shown to be improved.
</P>
<P>(7) The highwall is completely backfilled with spoil material, in a manner which results in a static factor of safety of at least 1.3, using standard geotechnical analysis.
</P>
<P>(8) Only the amount of spoil as is necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of the Act and this chapter is placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with §§ 816.71-816.74 of this chapter.
</P>
<P>(9) The surface landowner of the permit area has knowingly requested, in writing, that a variance be granted, so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use (including recreational facilities).
</P>
<P>(10) Federal, State, and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use.
</P>
<CITA TYPE="N">[48 FR 39904, Sept. 1, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.150" NODE="30:3.0.1.11.47.0.1.52" TYPE="SECTION">
<HEAD>§ 816.150   Roads: general.</HEAD>
<P>(a) <I>Road classification system.</I> (1) Each road, as defined in § 701.5 of this chapter, shall be classified as either a primary road or an ancillary road.
</P>
<P>(2) A primary road is any road which is—
</P>
<P>(i) Used for transporting coal or spoil;
</P>
<P>(ii) Frequently used for access or other purposes for a period in excess of six months; or
</P>
<P>(iii) To be retained for an approved postmining land use.
</P>
<P>(3) An ancillary road is any road not classified as a primary road.
</P>
<P>(b) <I>Performance standards.</I> Each road shall be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to:
</P>
<P>(1) Control or prevent erosion, siltation, and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;
</P>
<P>(2) Control or prevent damage to fish, wildlife, or their habitat and related environmental values;
</P>
<P>(3) Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;
</P>
<P>(4) Neither cause nor contribute to, directly or indirectly, the violation of State or Federal water quality standards applicable to receiving waters;
</P>
<P>(5) Refrain from seriously altering the normal flow of water in streambeds or drainage channels;
</P>
<P>(6) Prevent or control damage to public or private property, including the prevention or mitigation of adverse effects on lands within the boundaries of units of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including designated study rivers, and National Recreation Areas designated by Act of Congress;
</P>
<P>(7) Use nonacid- and nontoxic-forming substances in road surfacing.
</P>
<P>(c) <I>Design and construction limits and establishment of design criteria.</I> To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size, in accordance with current, prudent engineering practices, and any necessary design criteria established by the regulatory authority.
</P>
<P>(d) <I>Location.</I> (1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the regulatory authority in accordance with applicable §§ 816.41 through 816.43 and 816.57 of this chapter.
</P>
<P>(2) Roads shall be located to minimize downstream sedimentation and flooding.
</P>
<P>(e) <I>Maintenance.</I> (1) A road shall be maintained to meet the performance standards of this part and any additional criteria specified by the regulatory authority.
</P>
<P>(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the damage has occurred.
</P>
<P>(f) <I>Reclamation.</I> A road not to be retained under an approved postmining land use shall be reclaimed in accordance with the approved reclamation plan as soon as practicable after it is no longer needed for mining and reclamation operations. This reclamation shall include:
</P>
<P>(1) Closing the road to traffic;
</P>
<P>(2) Removing all bridges and culverts unless approved as part of the postmining land use;
</P>
<P>(3) Removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use and revegetation requirements;
</P>
<P>(4) Reshaping cut and fill slopes as necessary to be compatible with the postmining land use and to complement the natural drainage pattern of the surrounding terrain;
</P>
<P>(5) Protecting the natural drainage patterns by installing dikes or cross drains as necessary to control surface runoff and erosion; and
</P>
<P>(6) Scarifying or ripping the roadbed; replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with §§ 816.22 and 816.111 through 816.116 of this chapter.
</P>
<CITA TYPE="N">[53 FR 45212, Nov. 8, 1988, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.151" NODE="30:3.0.1.11.47.0.1.53" TYPE="SECTION">
<HEAD>§ 816.151   Primary roads.</HEAD>
<P>Primary roads shall meet the requirements of section 816.150 and the additional requirements of this section.
</P>
<P>(a) <I>Certification.</I> The construction or reconstruction of primary roads shall be certified in a report to the regulatory authority by a qualified registered professional engineer, or in any State which authorizes land surveyors to certify the construction or reconstruction of primary roads, a qualified registered professional land surveyor with experience in the design and construction of roads. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.
</P>
<P>(b) <I>Safety Factor.</I> Each primary road embankment shall have a minimum static factor of 1.3 or meet the requirements established under § 780.37(c) of this chapter.
</P>
<P>(c) <I>Location.</I> (1) To minimize erosion, a primary road shall be located, insofar as is practicable, on the most stable available surface.
</P>
<P>(2) Fords or perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the regulatory authority as temporary routes during periods of road construction.
</P>
<P>(d) <I>Drainage control.</I> In accordance with the approved plan—
</P>
<P>(1) Each primary road shall be constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to safely pass the peak runoff from a 10-year, 6-hour precipitation event, or greater event as specified by the regulatory authority;
</P>
<P>(2) Drainage pipes and culverts shall be installed as designed, and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets;
</P>
<P>(3) Drainage ditches shall be constructed and maintained to prevent uncontrolled drainage over the road surface and embankment;
</P>
<P>(4) Culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road;
</P>
<P>(5) Natural stream channels shall not be altered or relocated without the prior approval of the regulatory authority in accordance with applicable § 816.41 through 816.43 and 816.57 of this chapter; and
</P>
<P>(6) Except as provided in paragraph (c)(2) of this section, structures for perennial or intermittent stream channel crossings shall be made using bridges, culverts, low-water crossings, or other structures designed, constructed, and maintained using current, prudent engineering practices. The regulatory authority shall ensure that low-water crossings are designed, constructed, and maintained to prevent erosion of the structure or streambed and additional contributions of suspended solids to steamflow.
</P>
<P>(e) <I>Surfacing.</I> Primary roads shall be surfaced with material approved by the regulatory authority as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.
</P>
<CITA TYPE="N">[53 FR 45212, Nov. 8, 1988, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.180" NODE="30:3.0.1.11.47.0.1.54" TYPE="SECTION">
<HEAD>§ 816.180   Utility installations.</HEAD>
<P>All surface coal mining operations shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the regulatory authority.
</P>
<CITA TYPE="N">[48 FR 20401, May 5, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.181" NODE="30:3.0.1.11.47.0.1.55" TYPE="SECTION">
<HEAD>§ 816.181   Support facilities.</HEAD>
<P>(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation operation to which it is incident or from which its operation results.
</P>
<P>(b) In addition to the other provisions of this part, support facilities shall be located, maintained, and used in a manner that—
</P>
<P>(1) Prevents or controls erosion and siltation, water pollution, and damage to public or private property; and
</P>
<P>(2) To the extent possible using the best technology currently available—
</P>
<P>(i) Minimizes damage to fish, wildlife, and related environmental values; and
</P>
<P>(ii) Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law.
</P>
<CITA TYPE="N">[48 FR 20401, May 5, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 816.200" NODE="30:3.0.1.11.47.0.1.56" TYPE="SECTION">
<HEAD>§ 816.200   Interpretative rules related to general performance standards.</HEAD>
<P>The following interpretations of rules promulgated in part 816 of this chapter have been adopted by the Office of Surface Mining Reclamation and Enforcement.
</P>
<P>(a)-(b) [Reserved]
</P>
<P>(c) <I>Interpretation of</I> § <I>816.22(e)—Topsoil Removal.</I> (1) Results of physical and chemical analyses of overburden and topsoil to demonstrate that the resulting soil medium is equal to or more suitable for sustaining revegetation than the available topsoil, provided that trials, and tests are certified by an approved laboratory in accordance with 30 CFR 816.22(e)(1)(ii), may be obtained from any one or a combination of the following sources:
</P>
<P>(i) U.S. Department of Agriculture Soil Conservation Service published data based on established soil series;
</P>
<P>(ii) U.S. Department of Agriculture Soil Conservation Service Technical Guides;
</P>
<P>(iii) State agricultural agency, university, Tennessee Valley Authority, Bureau of Land Management or U.S. Department of Agriculture Forest Service published data based on soil series properties and behavior, or
</P>
<P>(iv) Results of physical and chemical analyses, field site trials, or greenhouse tests of the topsoil and overburden materials (soil series) from the permit area.
</P>
<P>(2) If the operator demonstrates through soil survey or other data that the topsoil and unconsolidated material are insufficient and substitute materials will be used, only the substitute materials must be analyzed in accordance with 30 CFR 816.22(e)(1)(i). 
</P>
<CITA TYPE="N">[45 FR 26000, Apr. 16, 1980 and 45 FR 39447, June 10, 1980, as amended at 45 FR 73946, Nov. 7, 1980; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="817" NODE="30:3.0.1.11.48" TYPE="PART">
<HEAD>PART 817—PERMANENT PROGRAM PERFORMANCE STANDARDS—UNDERGROUND MINING ACTIVITIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>44 FR 15422, Mar. 13, 1979, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 54999, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 817 made effective on Jan. 19, 2017, at 81 FR 93418, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 817.1" NODE="30:3.0.1.11.48.0.1.1" TYPE="SECTION">
<HEAD>§ 817.1   Scope.</HEAD>
<P>This part sets forth the minimum environmental protection performance standards to be adopted and implemented under regulatory programs for underground mining activities.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.2" NODE="30:3.0.1.11.48.0.1.2" TYPE="SECTION">
<HEAD>§ 817.2   Objectives.</HEAD>
<P>This part is intended to ensure that all underground mining activities are conducted in a manner which preserves and enhances environmental and other values in accordance with the Act.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.10" NODE="30:3.0.1.11.48.0.1.3" TYPE="SECTION">
<HEAD>§ 817.10   Information collection.</HEAD>
<P>(a) The collections of information contained in part 817 have been approved by Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0048. The information will be used to meet the requirements of 30 U.S.C. 1211, 1251, 1266, and 1309a which provide, among other things, that permittees conducting underground coal mining operations will meet the applicable performance standards of the Act. This information will be used by the regulatory authority in monitoring and inspecting underground mining activities. The obligation to respond is required to obtain a benefit.
</P>
<P>(b) Public reporting burden for this information is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
</P>
<CITA TYPE="N">[79 FR 76232, Dec. 22, 2014, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.11" NODE="30:3.0.1.11.48.0.1.4" TYPE="SECTION">
<HEAD>§ 817.11   Signs and markers.</HEAD>
<P>(a) <I>Specifications.</I> Signs and markers required under this part shall—
</P>
<P>(1) Be posted, maintained, and removed by the person who conducts the underground mining activities;
</P>
<P>(2) Be of a uniform design throughout the activities that can be easily seen and read;
</P>
<P>(3) Be made of durable material; and
</P>
<P>(4) Conform to local laws and regulations.
</P>
<P>(b) <I>Duration of maintenance.</I> Signs and markers shall be maintained during all activities to which they pertain.
</P>
<P>(c) <I>Mine and permit identification signs.</I> (1) Identification signs shall be displayed at each point of access from public roads to areas of surface operations and facilities on permit areas for underground mining activities.
</P>
<P>(2) Signs will show the name, business address, and telephone number of the person who conducts underground mining activities and the identification number of the current regulatory program permit authorizing underground mining activities.
</P>
<P>(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.
</P>
<P>(d) <I>Perimeter markers.</I> Each person who conducts underground mining activities shall clearly mark the perimeter of all areas affected by surface operations or facilities before beginning mining activities.
</P>
<P>(e) <I>Buffer zone markers.</I> Buffer zones required by § 817.57 shall be clearly marked to prevent disturbance by surface operations and facilities.
</P>
<P>(f) <I>Topsoil markers.</I> Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under § 817.22, the stockpiled material shall be clearly marked.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 48 FR 9809, Mar. 8, 1983; 48 FR 44781, Sept. 30, 1983; 73 FR 75884, Dec. 12, 2008; 79 FR 76232, Dec. 22, 2014; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.13" NODE="30:3.0.1.11.48.0.1.5" TYPE="SECTION">
<HEAD>§ 817.13   Casing and sealing of exposed underground openings: General requirements.</HEAD>
<P>Each exploration hole, other drillhole or borehole, shaft, well, or other exposed underground opening shall be cased, lined, or otherwise managed as approved by the regulatory authority to prevent acid or other toxic drainage from entering ground and surface waters, to minimize disturbance to the prevailing hydrologic balance and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit area and adjacent area. Each exploration hole, drill hole or borehole or well that is uncovered or exposed by mining activities within the permit area shall be permanently closed, unless approved for water monitoring or otherwise managed in a manner approved by the regulatory authority. Use of a drilled hole or monitoring well as a water well must meet the provisions of § 817.41 of this part. This section does not apply to holes drilled and used for blasting, in the area affected by surface operations.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983; 48 FR 43992, Sept. 26, 1983; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.14" NODE="30:3.0.1.11.48.0.1.6" TYPE="SECTION">
<HEAD>§ 817.14   Casing and sealing of underground openings: Temporary.</HEAD>
<P>(a) Each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the underground mining activities.
</P>
<P>(b) Each exploration hole, other drill hole or borehole, shaft, well, and other exposed underground opening which has been identified in the approved permit application for use to return underground development waste, coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed until actual use.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.15" NODE="30:3.0.1.11.48.0.1.7" TYPE="SECTION">
<HEAD>§ 817.15   Casing and sealing of underground openings: Permanent.</HEAD>
<P>When no longer needed for monitoring or other use approved by the regulatory authority upon a finding of no adverse environmental or health and safety effects, or unless approved for transfer as a water well under § 817.41, each shaft, drift, adit, tunnel, exploratory hole, entryway or other opening to the surface from underground shall be capped, sealed, backfilled, or otherwise properly managed, as required by the regulatory authority in accordance with § 817.13 and consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, machinery and to keep acid or other toxic drainage from entering ground or surface waters.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 48 FR 43992, Sept. 26, 1983; 75 FR 60275, Sept. 29, 2010; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.22" NODE="30:3.0.1.11.48.0.1.8" TYPE="SECTION">
<HEAD>§ 817.22   Topsoil and subsoil.</HEAD>
<P>(a) <I>Removal.</I> (1)(i) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated.
</P>
<P>(ii) Where the topsoil is of insufficient quantity or of poor quality for sustaining vegetation, the materials approved by the regulatory authority in accordance with paragraph (b) of this section shall be removed as a separate layer from the area to be disturbed, and segregated.
</P>
<P>(2) If topsoil is less than 6 inches thick, the operator may remove the topsoil and the unconsolidated materials immediately below the topsoil and treat the mixture as topsoil.
</P>
<P>(3) The regulatory authority may choose not to require the removal of topsoil for minor disturbances which—
</P>
<P>(i) Occur at the site of small structures, such as power poles, signs, or fence lines; or
</P>
<P>(ii) Will not destroy the existing vegetation and will not cause erosion.
</P>
<P>(4) <I>Timing.</I> All materials to be removed under this section shall be removed after the vegetative cover that would interfere with its salvage is cleared from the area to be disturbed, but before any drilling, blasting, mining, or other surface disturbance takes place.
</P>
<P>(b) <I>Substitutes and supplements.</I> Selected overburden materials may be substituted for, or used as a supplement to, topsoil if the operator demonstrates to the regulatory authority that the resulting soil medium is equal to, or more suitable for sustaining vegetation than, the existing topsoil, and the resulting soil medium is the best available in the permit area to support revegetation.
</P>
<P>(c) <I>Storage.</I> (1) Materials removed under Paragraph (a) of this section shall be segregated and stockpiled when it is impractical to redistribute such materials promptly on regraded areas.
</P>
<P>(2) Stockpiled materials shall—
</P>
<P>(i) Be selectively placed on a stable site within the permit area;
</P>
<P>(ii) Be protected from contaminants and unnecessary compaction that would interfere with revegetation;
</P>
<P>(iii) Be protected from wind and water erosion through prompt establishment and maintenance of an effective, quick growing vegetative cover or through other measures approved by the regulatory authority; and
</P>
<P>(iv) Not be moved until required for redistribution unless approved by the regulatory authority.
</P>
<P>(3) Where long-term surface disturbances will result from facilities such as support facilities and preparation plants and where stockpiling of materials removed under paragraph (a)(1) of this section would be detrimental to the quality or quantity of those materials, the regulatory authority may approve the temporary distribution of the soil materials so removed to an approved site within the permit area to enhance the current use of that site until needed for later reclamation, provided that—
</P>
<P>(i) Such action will not permanently diminish the capability of the topsoil of the host site; and
</P>
<P>(ii) The material will be retained in a condition more suitable for redistribution than if stockpiled.
</P>
<P>(d) <I>Redistribution.</I> (1) Topsoil materials and topsoil substitutes and supplements removed under paragraphs (a) and (b) of this section shall be redistributed in a manner that—
</P>
<P>(i) Achieves an approximately uniform, stable thickness when consistent with the approved postmining land use, contours, and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;
</P>
<P>(ii) Prevents excess compaction of the materials; and
</P>
<P>(iii) Protects the materials from wind and water erosion before and after seeding and planting.
</P>
<P>(2) Before redistribution of the material removed under paragraph (a) of this section, the regraded land shall be treated if necessary to reduce potential slippage of the redistributed material and to promote root penetration. If no harm will be caused to the redistributed material and reestablished vegetation, such treatment may be conducted after such material is replaced.
</P>
<P>(3) The regulatory authority may choose not to require the redistribution of topsoil or topsoil substitutes on the approved postmining embankments of permanent impoundments or of roads if it determines that—
</P>
<P>(i) Placement of topsoil or topsoil substitutes on such embankments is inconsistent with the requirement to use the best technology currently available to prevent sedimentation, and
</P>
<P>(ii) Such embankments will be otherwise stabilized.
</P>
<P>(4) <I>Nutrients and soil amendments.</I> Nutrients and soil amendments shall be applied to the initially redistributed material when necessary to establish the vegetative cover.
</P>
<P>(e) <I>Subsoil segregation.</I> The regulatory authority may require that the B horizon, C horizon, or other underlying strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with the requirements of paragraphs (c) and (d) of this section if it finds that such subsoil layers are necessary to comply with the revegetation requirements of §§ 817.111, 817.113, 817.114, and 817.116 of this chapter.
</P>
<CITA TYPE="N">[48 FR 22101, May 16, 1983, as amended at 71 FR 51706, Aug. 30, 2006; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.41" NODE="30:3.0.1.11.48.0.1.9" TYPE="SECTION">
<HEAD>§ 817.41   Hydrologic-balance protection.</HEAD>
<P>(a) <I>General.</I> All underground mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this part. The regulatory authority may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.
</P>
<P>(b) <I>Ground-water protection.</I> In order to protect the hydrologic balance underground mining activities shall be conducted according to the plan approved under § 784.14(g) of this chapter and the following.
</P>
<P>(1) Ground-water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground-water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water.
</P>
<P>(c) <I>Ground-water monitoring.</I> (1) Ground-water monitoring shall be conducted according to the ground-water monitoring plan approved under § 784.14(h) of this chapter. The regulatory authority may require additional monitoring when necessary.
</P>
<P>(2) Ground-water monitoring data shall be submitted every 3 months to the regulatory authority or more frequently as prescribed by the regulatory authority. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the regulatory authority and immediately take the actions provided for in §§ 773.17(e) and 784.14(g) of this chapter.
</P>
<P>(3) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of § 774.13 of this chapter, the regulatory authority may modify the monitoring requirements including the parameters covered and the sampling frequency if the operator demonstrates, using the monitoring data obtained under this paragraph, that—
</P>
<P>(i) The operation has minimized disturbance to the prevailing hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; or
</P>
<P>(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under § 784.14(h) of this chapter.
</P>
<P>(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed.
</P>
<P>(d) <I>Surface-water protection.</I> In order to protect the hydrologic balance, underground mining activities shall be conducted according to the plan approved under § 784.14(g) of this chapter, and the following:
</P>
<P>(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area; and otherwise prevent water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this section and § 817.42, the operator shall use and maintain the necessary water-treatment facilities or water quality controls.
</P>
<P>(2) Surface-water quantity and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under § 784.14(g) of this chapter.
</P>
<P>(e) <I>Surface-water monitoring.</I> (1) Surface-water monitoring shall be conducted according to the surface-water monitoring plan approved under § 784.14(i) of this chapter. The regulatory authority may require additional monitoring when necessary.
</P>
<P>(2) Surface-water monitoring data shall be submitted every 3 months to the regulatory authority or more frequently as prescribed by the regulatory authority. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance with the permit conditions, the operator shall promptly notify the regulatory authority and immediately take the actions provided for in §§ 773.17(e) and 784.14(g) of this chapter. The reporting requirements of this paragraph do not exempt the operator from meeting any National Pollutant Discharge Elimination System (NPDES) reporting requirements.
</P>
<P>(3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with § 774.13 of this chapter, the regulatory authority may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and sampling frequency if the operator demonstrates, using the monitoring data obtained under this paragraph, that—
</P>
<P>(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and
</P>
<P>(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under § 784.14(i) of this chapter.
</P>
<P>(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed.
</P>
<P>(f) <I>Acid- and toxic-forming materials.</I> (1) Drainage from acid- and toxic-forming materials and underground development waste into surface water and ground water shall be avoided by—
</P>
<P>(i) Identifying and burying and/or treating, when necessary, materials which may adversely affect water quality, or be detrimental to vegetation or to public health and safety if not buried and/or treated, and
</P>
<P>(ii) Storing materials in a manner that will protect surface water and ground water by preventing erosion, the formation of polluted runoff, and the infiltration of polluted water. Storage shall be limited to the period until burial and/or treatment first become feasible, and so long as storage will not result in any risk of water pollution or other environmental damage.
</P>
<P>(2) Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions of this chapter.
</P>
<P>(g) <I>Transfer of wells.</I> Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with §§ 817.13 and 817.15. With the prior approval of the regulatory authority, wells may be transferred to another party for further use. However, at a minimum, the conditions of such transfer shall comply with State and local laws and the permittee shall remain responsible for the proper management of the well until bond release in accordance with §§ 817.13 to 817.15.
</P>
<P>(h) <I>Discharges into an underground mine.</I> (1) Discharges into an underground mine are prohibited, unless specifically approved by the regulatory authority after a demonstration that the discharge will—
</P>
<P>(i) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from underground mining activities;
</P>
<P>(ii) Not result in a violation of applicable water quality standards or effluent limitations;
</P>
<P>(iii) Be at a known rate and quality which shall meet the effluent limitations of § 817.42 for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the regulatory authority; and
</P>
<P>(iv) Meet with the approval of the Mine Safety and Health Administration.
</P>
<P>(2) Discharges shall be limited to the following:
</P>
<P>(i) water;
</P>
<P>(ii) Coal-processing waste;
</P>
<P>(iii) Fly ash from a coal-fired facility;
</P>
<P>(iv) Sludge from an acid-mine-drainage treatment facility;
</P>
<P>(v) Flue-gas desulfurization sludge;
</P>
<P>(vi) Inert materials used for stabilizing underground mines; and
</P>
<P>(vii) Underground mine development wastes.
</P>
<P>(3) Water from one underground mine may be diverted into other underground workings according to the requirements of this section.
</P>
<P>(i) <I>Gravity discharges from underground mines.</I> (1) Surface entries and accesses to underground workings shall be located and managed to prevent or control gravity discharge of water from the mine. Gravity discharges of water from an underground mine, other than a drift mine subject to paragraph (i)(2) of this section, may be allowed by the regulatory authority if it is demonstrated that the untreated or treated discharge complies with the performance standards of this part and any additional NPDES permit requirements.
</P>
<P>(2) Notwithstanding anything to the contrary in paragraph (i)(1) of this section, the surface entries and accesses of drift mines first used after the implementation of a State, Federal, or Federal Lands Program and located in acid-producing or iron-producing coal seams shall be located in such a manner as to prevent any gravity discharge from the mine.
</P>
<P>(j) <I>Drinking, domestic or residential water supply.</I> The permittee must promptly replace any drinking, domestic or residential water supply that is contaminated, diminished or interrupted by underground mining activities conducted after October 24, 1992, if the affected well or spring was in existence before the date the regulatory authority received the permit application for the activities causing the loss, contamination or interruption. The baseline hydrologic information required in §§ 780.21 and 784.14 of this chapter and the geologic information concerning baseline hydrologic conditions required in §§ 780.21 and 784.22 of this chapter will be used to determine the impact of mining activities upon the water supply.
</P>
<CITA TYPE="N">[48 FR 43992, Sept. 26, 1983, as amended at 52 FR 45924, Dec. 2, 1987; 60 FR 16749, Mar. 31, 1995; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.42" NODE="30:3.0.1.11.48.0.1.10" TYPE="SECTION">
<HEAD>§ 817.42   Hydrologic balance: Water quality standards and effluent limitations.</HEAD>
<P>Discharges of water from areas disturbed by underground mining activities shall be made in compliance with all applicable State and Federal water quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR part 434.
</P>
<CITA TYPE="N">[47 FR 47222, Oct. 22, 1982, as amended at 48 FR 44051, Sept. 26, 1983; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.43" NODE="30:3.0.1.11.48.0.1.11" TYPE="SECTION">
<HEAD>§ 817.43   Diversions.</HEAD>
<P>(a) <I>General requirements.</I> (1) With the approval of the regulatory authority, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of § 817.46 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the regulatory authority in accordance with § 817.41(h).
</P>
<P>(2) The diversion and its appurtenant structures shall be designed, located, constructed, and maintained to—
</P>
<P>(i) Be stable;
</P>
<P>(ii) Provide protection against flooding and resultant damage to life and property;
</P>
<P>(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and
</P>
<P>(iv) Comply with all applicable local, State, and Federal laws and regulations.
</P>
<P>(3) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this part. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.
</P>
<P>(4) The regulatory authority may specify additional design criteria for diversions to meet the requirements of this section.
</P>
<P>(b) <I>Diversion of perennial and intermittent streams.</I> (1) Diversion of perennial and intermittent streams within the permit area may be approved by the regulatory authority after making the finding relating to stream buffer zones called for in 30 CFR 817.57 that the diversions will not adversely affect the water quantity and quality and related environmental resources of the stream.
</P>
<P>(2) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.
</P>
<P>(3) The requirements of paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 10-year, 6-hour precipitation event for a temporary diversion and a 100-year, 6-hour precipitation event for a permanent diversion.
</P>
<P>(4) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this part and any design criteria set by the regulatory authority.
</P>
<P>(c) <I>Diversion of miscellaneous flows.</I> (1) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the regulatory authority. Miscellaneous flows shall include ground-water discharges and ephemeral streams.
</P>
<P>(2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (a) of this section.
</P>
<P>(3) The requirements of paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 2-year, 6-hour precipitation event for a temporary diversion and a 10-year, 6-hour precipitation event for a permanent diversion.
</P>
<CITA TYPE="N">[48 FR 43993, Sept. 26, 1983, as amended at 73 FR 75884, Dec. 12, 2008; 79 FR 76232, Dec. 22, 2014; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.45" NODE="30:3.0.1.11.48.0.1.12" TYPE="SECTION">
<HEAD>§ 817.45   Hydrologic balance: Sediment control measures.</HEAD>
<P>(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:
</P>
<P>(1) Prevent, to the extent possible, additional contributions of sediment to stream flow or to runoff outside the permit area,
</P>
<P>(2) Meet the more stringent of applicable State or Federal effluent limitations,
</P>
<P>(3) Minimize erosion to the extent possible.
</P>
<P>(b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed areas shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to—
</P>
<P>(1) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation as required in § 817.111(b);
</P>
<P>(2) Stabilizing the backfilled material to promote a reduction of the rate and volume of runoff in accordance with the requirements of § 817.102;
</P>
<P>(3) Retaining sediment within disturbed areas;
</P>
<P>(4) Diverting runoff away from disturbed areas;
</P>
<P>(5) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;
</P>
<P>(6) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment;
</P>
<P>(7) Treating with chemicals; and
</P>
<P>(8) Treating mine drainage in underground sumps.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 48 FR 44781, Sept. 30, 1983; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.46" NODE="30:3.0.1.11.48.0.1.13" TYPE="SECTION">
<HEAD>§ 817.46   Hydrologic balance: Siltation structures.</HEAD>
<P>(a) For the purposes of this section only, <I>disturbed areas</I> shall not include those areas—
</P>
<P>(1) In which the only surface mining activities include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with this part; and
</P>
<P>(2) For which the upstream area is not otherwise distributed by the operator.
</P>
<P>(b) <I>General requirements.</I> (1) Additional contributions of suspended solids and sediment to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.
</P>
<P>(2) Siltation structures for an area shall be constructed before beginning any underground mining activities in that area, and upon construction shall be certified by a qualified registered professional engineer, or, in any State which authorizes land surveyors to prepare and certify plans in accordance with § 784.16(a) of this chapter, a qualified registered professional land surveyor, to be constructed as designed and as approved in the reclamation plan.
</P>
<P>(3) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with § 817.49 of this chapter.
</P>
<P>(4) Siltation structures shall be maintained until removal is authorized by the regulatory authority and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than 2 years after the last augmented seeding.
</P>
<P>(5) When the siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and §§ 817.111 through 817.116 of this chapter. Sedimentation ponds approved by the regulatory authority for retention as permanent impoundments may be exempted from this requirement.
</P>
<P>(6) Any point-source discharge of water from underground workings to surface waters which does not meet the effluent limitations of § 817.42 shall be passed through a siltation structure before leaving the permit area.
</P>
<P>(c) <I>Sedimentation ponds.</I> (1) Sedimentation ponds, when used, shall—
</P>
<P>(i) Be used individually or in series;
</P>
<P>(ii) Be located as near as possible to the distrubed area and out of perennial streams unless approved by the regulatory authority; and
</P>
<P>(iii) Be designed, constructed, and maintained to—
</P>
<P>(A) Provide adequate sediment storage volume;
</P>
<P>(B) Provide adequate detention time to allow the effluent from the ponds to meet State and Federal effluent limitations;
</P>
<P>(C) Contain or treat the 10-year, 24-hour precipitation event (“design event”) unless a lesser design event is approved by the regulatory authority based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of § 817.42 will be met;
</P>
<P>(D) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (c)(1)(iii)(B) of this section;
</P>
<P>(E) Minimize, to the extent possible, short circuiting;
</P>
<P>(F) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;
</P>
<P>(G) Ensure against excessive settlement;
</P>
<P>(H) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-processing waste; and
</P>
<P>(I) Be compacted properly.
</P>
<P>(2) <I>Spillways.</I> A sedimentation pond shall include either a combination of principal and emergency spillways or single spillway configured as specified in § 817.49(a)(9).
</P>
<P>(d) <I>Other treatment facilities.</I> (1) Other treatment facilities shall be designed to treat the 10-year, 24-hour precipitation even unless a lesser design event is approved by the regulatory authority based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of § 817.42 will met.
</P>
<P>(2) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (c) of this section.
</P>
<P>(e) <I>Exemptions.</I> Exemptions to the requirements of this section may be granted if—
</P>
<P>(1) The disturbed drainage area within the total disturbed area is small; and
</P>
<P>(2) The operator demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed drainage areas to meet the effluent limitations under § 817.42 and the applicable State and Federal water quality standards for the receiving waters.
</P>
<CITA TYPE="N">[48 FR 44051, Sept. 26, 1983, as amended at 53 FR 43607, Oct. 27, 1988; 59 FR 53030, Oct. 20, 1994; 73 FR 75884, Dec. 12, 2008; 75 FR 60275, Sept. 29, 2010; 79 FR 76232, Dec. 22, 2014; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017; 90 FR 54577, Nov. 28, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 817.47" NODE="30:3.0.1.11.48.0.1.14" TYPE="SECTION">
<HEAD>§ 817.47   Hydrologic balance: Discharge structures.</HEAD>
<P>Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled, by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.49" NODE="30:3.0.1.11.48.0.1.15" TYPE="SECTION">
<HEAD>§ 817.49   Impoundments.</HEAD>
<P>(a) <I>General requirements.</I> The requirements of this paragraph apply to both temporary and permanent impoundments.
</P>
<P>(1) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), “Earth Dams and Reservoirs,” shall comply with the, “Minimum Emergency Spillway Hydrologic Criteria,” table in TR-60 and the requirements of this section. The technical release is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, order No. PB 87-157509-AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, 1951 Constitution Avenue NW., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(2) An impoundment meeting the size or other criteria of § 77.216(a) of this title shall comply with the requirements of § 77.216 of this title and this section.
</P>
<P>(3) <I>Design certification.</I> The design of impoundments shall be certified in accordance with § 784.16(a) of this chapter as designed to meet the requirements of this part using current, prudent, engineering practices and any design criteria established by the regulatory authority. The qualified, registered, professional engineer or qualified, registered, professional, land surveyor shall be experienced in the design and construction or impoundments.
</P>
<P>(4) <I>Stability.</I> (i) An Impoundment meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216(a) of this title shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.
</P>
<P>(ii) Impoundments not included in paragraph (a)(4)(i) of this section, except for a coal mine waste impounding structure, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or meet the requirements of § 784.16(c)(3).
</P>
<P>(5) <I>Freeboard.</I> Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the SCS Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrograph criteria in the “Minimum Emergency Spillway Hydrologic Criteria” table in TR-60.
</P>
<P>(6) <I>Foundation.</I> (i) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216(a) of this title, foundation investigation, as well as any necessary laboratory testing of foundation material, shall be performed to determine the design requirements for foundation stability.
</P>
<P>(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.
</P>
<P>(7) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.
</P>
<P>(8) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.
</P>
<P>(9) <I>Spillways.</I> An impoundment shall include either a combination of principal and emergency spillways or a single spillway configured as specified in paragraph (a)(9)(i) of this section, designed and constructed to safely pass the applicable design precipitation event specified in paragraph (a)(9)(ii) of this section, except as set forth in paragraph (c)(2) of this section.
</P>
<P>(i) The regulatory authority may approve a single open-channel spillway that is:
</P>
<P>(A) Of nonerodible construction and designed to carry sustained flows; or
</P>
<P>(B) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected.
</P>
<P>(ii) Except as specified in paragraph (c)(2) of this section, the required design precipitation event for an impoundment meeting the spillway requirements of paragraph (a)(9) of this section is:
</P>
<P>(A) For an impoundment meeting the SCS Class B or C criteria for dams in TR-60, the emergency spillway hydrograph criteria in the “Minimum Emergency Spillway Hydrologic Criteria” table in TR-60, or greater event as specified by the regulatory authority.
</P>
<P>(B) For an impoundment meeting or exceeding the size or other criteria of § 77.216(a) of this title, a 100-year 6-hour event, or greater event as specified by the regulatory authority.
</P>
<P>(C) For an impoundment not included in paragraph (a)(9)(ii) (A) and (B) of this section, a 25-year 6-hour event, or greater event as specified by the regulatory authority.
</P>
<P>(10) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users.
</P>
<P>(11) <I>Inspections.</I> Except as provided in paragraph (a)(11)(iv) of this section, a qualified registered professional engineer or other qualified professional specialist under the direction of a professional engineer, shall inspect each impoundment as provided in paragraph (a)(11)(i) of this section. The professional engineer or specialist shall be experienced in the construction of impoundments.
</P>
<P>(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance bond.
</P>
<P>(ii) The qualified registered professional engineer, or qualified registered professional land surveyor as specified in paragraph (a)(11)(iv) of this section, shall promptly after each inspection required in paragraph (a)(11)(i) of this section provide to the regulatory authority a certified report that the impoundment has been constructed and/or maintained as designed and in accordance with the approved plan and this chapter. The report shall include discussion of any appearance of instability, structural weakness or other hazardous condition, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation, and any other aspects of the structure affecting stability.
</P>
<P>(iii) A copy of the report shall be retained at or near the minesite.
</P>
<P>(iv) In any State which authorizes land surveyors to prepare and certify plans in accordance with § 784.16(a) of this chapter, a qualified registered professional land surveyor may inspect any temporary or permanent impoundment that does not meet the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216(a) of this title and certify and submit the report required by paragraph (a)(11)(ii) of this section, except that all coal mine waste impounding structures covered by § 817.84 of this chapter shall be certified by a qualified registered professional engineer. The professional land surveyor shall be experienced in the construction of impoundments.
</P>
<P>(12) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216 of this title must be examined in accordance with § 77.216-3 of this title. Impoundments not meeting the SCS Class B or C Criteria for dams in TR-60, or subject to § 77.216 of this title, shall be examined at least quarterly. A qualified person designated by the operator shall examine impoundments for the appearance of structural weakness and other hazardous conditions.
</P>
<P>(13) <I>Emergency procedures.</I> If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the regulatory authority of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the regulatory authority shall be notified immediately. The regulatory authority shall then notify the appropriate agencies that other emergency procedures are required to protect the public.
</P>
<P>(b) <I>Permanent impoundments.</I> A permanent impoundment of water may be created, if authorized by the regulatory authority in the approved permit based upon the following demonstration:
</P>
<P>(1) The size and configuration of such impoundment will be adequate for its intended purposes.
</P>
<P>(2) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable State and Federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable State and Federal water quality standards.
</P>
<P>(3) The water level will be sufficiently stable and be capable of supporting the intended use.
</P>
<P>(4) Final grading will provide for adequate safety and access for proposed water users.
</P>
<P>(5) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.
</P>
<P>(6) The impoundment will be suitable for the approved postmining land use.
</P>
<P>(c) <I>Temporary impoundments.</I> (1) The regulatory authority may authorize the construction of temporary impoundments as part of underground mining activities.
</P>
<P>(2) In lieu of meeting the requirements in paragraph (a)(9)(i) of this section, the regulatory authority may approve an impoundment that relies primarily on storage to control the runoff from the design precipitation event when it is demonstrated by the operator and certified by a qualified registered professional engineer or qualified registered professional land surveyor in accordance with § 784.16(a) of this chapter that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current, prudent, engineering practices. Such an impoundment shall be located where failure would not be expected to cause loss of life or serious property damage, except where:
</P>
<P>(i) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of § 77.216(a) of this title shall be designed to control the precipitation of the probable maximum precipitation of a 6-hour event, or greater event specified by the regulatory authority.
</P>
<P>(ii) Impoundments not included in paragraph (c)(2)(i) of this section shall be designed to control the precipitation of the 100-year 6-hour event, or greater event specified by the regulatory authority.
</P>
<CITA TYPE="N">[48 FR 44005, Sept. 26, 1983, as amended at 50 FR 16200, Apr. 24, 1985; 53 FR 43607, Oct. 27, 1988; 59 FR 53030, 53031, Oct. 20, 1994; 66 FR 14318, Mar. 12, 2001; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.56" NODE="30:3.0.1.11.48.0.1.16" TYPE="SECTION">
<HEAD>§ 817.56   Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities.</HEAD>
<P>Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of this chapter for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structures if necessary to meet the requirements of this chapter and to conform to the approved reclamation plan.
</P>
<CITA TYPE="N">[48 FR 44006, Sept. 26, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 817.57" NODE="30:3.0.1.11.48.0.1.17" TYPE="SECTION">
<HEAD>§ 817.57   Hydrologic balance: Stream buffer zones.</HEAD>
<P>(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the regulatory authority specifically authorizes underground mining activities closer to, or through, such a stream. The regulatory authority may authorize such activities only upon finding that—
</P>
<P>(1) Underground mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards and will not adversely affect the water quantity and quality or other environmental resources of the stream; and
</P>
<P>(2) If there will be a temporary or permanent stream-channel diversion, it will comply with § 817.43.
</P>
<P>(b) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in § 817.11.
</P>
<CITA TYPE="N">[79 FR 76232, Dec. 22, 2014, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 817.59" NODE="30:3.0.1.11.48.0.1.18" TYPE="SECTION">
<HEAD>§ 817.59   Coal recovery.</HEAD>
<P>Underground mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]




</CITA>
</DIV8>


<DIV8 N="§ 817.61" NODE="30:3.0.1.11.48.0.1.19" TYPE="SECTION">
<HEAD>§ 817.61   Use of explosives: General requirements.</HEAD>
<P>(a) Sections 817.61-817.68 apply to surface blasting activities incident to underground coal mining, including, but not limited to, initial rounds of slopes and shafts.
</P>
<P>(b) Each operator shall comply with all applicable State and Federal laws and regulations in the use of explosives.
</P>
<P>(c) <I>Blasters.</I> (1) No later than 12 months after the blaster certification program for a State required by part 850 of this chapter has been approved under the procedures of subchapter C of this chapter, all surface blasting operations incident to underground mining in that State shall be conducted under the direction of a certified blaster. Before that time, all such blasting operations in that State shall be conducted by competent, experienced persons who understand the hazards involved.
</P>
<P>(2) Certificates of blaster certification shall be carried by blasters or shall be on file at the permit area during blasting operations.
</P>
<P>(3) A blaster and at least one other person shall be present at the firing of a blast.
</P>
<P>(4) Any blaster who is responsible for conducting blasting operations at a blasting site shall:
</P>
<P>(i) Be familiar with the site-specific performance standards; and
</P>
<P>(ii) Give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives.
</P>
<P>(d) <I>Blast design.</I> (1) An anticipated blast design shall be submitted if blasting operations will be conducted within—
</P>
<P>(i) 1,000 feet of any building used as a dwelling, public building, school, church or community or institutional building; or
</P>
<P>(ii) 500 feet of active or abandoned underground mines.
</P>
<P>(2) The blast design may be presented as part of a permit application or at a time, before the blast, approved by the regulatory authority.
</P>
<P>(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock, and ground-vibration standards in § 817.67.
</P>
<P>(4) The blast design shall be prepared and signed by a certified blaster.
</P>
<P>(5) The regulatory authority may require changes to the design submitted.
</P>
<CITA TYPE="N">[48 FR 9492, Mar. 4, 1983, and 48 FR 9809, Mar. 8, 1983, as amended at 51 FR 19461, May 29, 1986; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.62" NODE="30:3.0.1.11.48.0.1.20" TYPE="SECTION">
<HEAD>§ 817.62   Use of explosives: Preblasting survey.</HEAD>
<P>(a) At least 30 days before initiation of blasting, the operator shall notify, in writing, all residents or owners of dwellings or other structures located within 
<FR>1/2</FR> mile of the permit area how to request a preblasting survey.
</P>
<P>(b) A resident or owner of a dwelling or structure within 
<FR>1/2</FR> mile of any part of the permit area may request a preblasting survey. This request shall be made, in writing, directly to the operator or to the regulatory authority, who shall promptly notify the operator. The operator shall promptly conduct a preblasting survey of the dwelling or structure and promptly prepare a written report of the survey. An updated survey of any additions, modifications, or renovations shall be performed by the operator if requested by the resident or owner.
</P>
<P>(c) The operator shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, cables, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.
</P>
<P>(d) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be promptly provided to the regulatory authority and to the person requesting the survey. If the person requesting the survey disagrees with the contents and/or recommendations contained therein, he or she may submit to both the operator and the regulatory authority a detailed description of the specific areas of disagreement.
</P>
<P>(e) Any surveys requested more than 10 days before the planned initiation of blasting shall be completed by the operator before the initiation of blasting.
</P>
<CITA TYPE="N">[48 FR 9809, Mar. 8, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.64" NODE="30:3.0.1.11.48.0.1.21" TYPE="SECTION">
<HEAD>§ 817.64   Use of explosives: General performance standards.</HEAD>
<P>(a) The operator shall notify, in writing, residents within 
<FR>1/2</FR> mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of times that blasting is to be conducted may be announced weekly, but in no case less than 24 hours before blasting will occur.
</P>
<P>(b) Unscheduled blasts may be conducted only where public or operator health and safety so requires and for emergency blasting actions. When an operator conducts an unscheduled surface blast incidental to underground coal mining operations, the operator, using audible signals, shall notify residents within 
<FR>1/2</FR> mile of the blasting site and document the reason in accordance with § 817.68(p).
</P>
<P>(c) All blasting shall be conducted between sunrise and sunset unless nighttime blasting is approved by the regulatory authority based upon a showing by the operator that the public will be protected from adverse noise and other impacts. The regulatory authority may specify more restrictive time periods for blasting.
</P>
<CITA TYPE="N">[48 FR 9809, Mar. 8, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.66" NODE="30:3.0.1.11.48.0.1.22" TYPE="SECTION">
<HEAD>§ 817.66   Use of explosives: Blasting signs, warnings, and access control.</HEAD>
<P>(a) <I>Blasting signs.</I> Blasting signs shall meet the specifications of § 817.11. The operator shall—
</P>
<P>(1) Conspicuously place signs reading “Blasting Area” along the edge of any blasting area that comes within 100 feet of any public-road right-of-way, and at the point where any other road provides access to the blasting area; and
</P>
<P>(2) At all entrances to the permit area from public roads or highways, place conspicuous signs which state “Warning! Explosives in Use,” which clearly list and describe the meaning of the audible blast warning and all-clear signals that are in use, and which explain the marking of blasting areas and charged holes awaiting firing within the permit area.
</P>
<P>(b) <I>Warnings.</I> Warning and all-clear signals of different character or pattern that are audible within a range of 
<FR>1/2</FR> mile from the point of the blast shall be given. Each person within the permit area and each person who resides or regularly works within 
<FR>1/2</FR> mile of the permit area shall be notified of the meaning of the signals in the blasting notification required in § 817.64(a).
</P>
<P>(c) <I>Access control.</I> Access within the blasting areas shall be controlled to prevent presence of livestock or unauthorized persons during blasting and until an authorized representative of the operator has reasonably determined that—
</P>
<P>(1) No unusual hazards, such as imminent slides or undetonated charges, exist; and
</P>
<P>(2) Access to and travel within the blasting area can be safely resumed.
</P>
<CITA TYPE="N">[48 FR 9810, Mar. 8, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.67" NODE="30:3.0.1.11.48.0.1.23" TYPE="SECTION">
<HEAD>§ 817.67   Use of explosives: Control of adverse effects.</HEAD>
<P>(a) <I>General requirements.</I> Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area.
</P>
<P>(b) <I>Airblast</I>—(1) <I>Limits.</I> (i) Airblast shall not exceed the maximum limits listed below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in paragraph (e) of this section.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Lower frequency limit of measuring system, in Hz (±3 dB)
</TH><TH class="gpotbl_colhed" scope="col">Maximum level, in dB
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0.1 Hz or lower—flat response 
<sup>1</sup></TD><TD align="left" class="gpotbl_cell">134 peak.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2 Hz or lower—flat response</TD><TD align="left" class="gpotbl_cell">133 peak.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6 Hz or lower—flat response</TD><TD align="left" class="gpotbl_cell">129 peak.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">C-weighted—slow response 
<sup>1</sup></TD><TD align="left" class="gpotbl_cell">105 peak dBC.
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Only when approved by the regulatory authority.</P></DIV></DIV>
<P>(ii) If necessary to prevent damage, the regulatory authority may specify lower maximum allowable airblast levels than those of paragraph (b)(1)(i) of this section for use in the vicinity of a specific blasting operation.
</P>
<P>(2) <I>Monitoring.</I> (i) The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The regulatory authority may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken.
</P>
<P>(ii) The measuring systems used shall have an upper-end flat-frequency response of at least 200 Hz.
</P>
<P>(c) <I>Flyrock.</I> Flyrock travelling in the air or along the ground shall not be cast from the blasting site—
</P>
<P>(1) More than one-half the distance to the nearest dwelling or other occupied structure;
</P>
<P>(2) Beyond the area of control required under § 817.66(c); or
</P>
<P>(3) Beyond the permit boundary.
</P>
<P>(d) <I>Ground vibration</I>—(1) <I>General.</I> In all blasting operations, except as otherwise authorized in paragraph (e) of this section, the maximum ground vibration shall not exceed the values approved by the regulatory authority. The maximum ground vibration for protected structures listed in paragraph (d)(2)(i) of this section shall be established in accordance with either the maximum peak-particle-velocity limits of paragraph (d)(2), the scaled-distance equation of paragraph (d)(3), the blasting-level chart of paragraph (d)(4) of this section, or by the regulatory authority under paragraph (d)(5) of this section. All structures in the vicinity of the blasting area, not listed in paragraph (d)(2)(i) of this section, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the operator and approved by the regulatory authority before the initiation of blasting.
</P>
<P>(2) <I>Maximum peak-particle velocity.</I> (i) The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Distance (<E T="03">D</E>), from the blasting site, in feet
</TH><TH class="gpotbl_colhed" scope="col">Maximum allowable


<br/>peak particle velocity

<br/>(<E T="03">V</E> max) for ground

<br/>vibration,

<br/>in inches/second 
<sup>1</sup>
</TH><TH class="gpotbl_colhed" scope="col">Scaled-distance factor to be applied without seismic monitoring 
<sup>2</sup> (Ds)
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">0 to 300</TD><TD align="right" class="gpotbl_cell">1.25</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">301 to 5,000</TD><TD align="right" class="gpotbl_cell">1.00</TD><TD align="right" class="gpotbl_cell">55
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5,001 and beyond</TD><TD align="right" class="gpotbl_cell">0.75</TD><TD align="right" class="gpotbl_cell">65
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements.
</P><P class="gpotbl_note">
<sup>2</sup> Applicable to the scaled-distance equation of Paragraph (d)(3)(i) of this section.</P></DIV></DIV>
<P>(ii) A seismographic record shall be provided for each blast.
</P>
<P>(3) <I>Scaled-distance equation.</I> (i) An operator may use the scaled-distance equation, <I>W</I> = (<I>D/Ds</I>)
<SU>2</SU>, to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring; where <I>W</I> = the maximum weight of explosives, in pounds; <I>D</I> = the distance, in feet, from the blasting site to the nearest protected structure; and <I>Ds</I> = the scaled-distance factor, which may initially be approved by the regulatory authority using the values for scaled-distance factor listed in paragraph (d)(2)(i) of this section.
</P>
<P>(ii) The development of a modified scaled-distance factor may be authorized by the regulatory authority on receipt of a written request by the operator, supported by seismographic records of blasting at the minesite. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of paragraph (d)(2)(i) of this section, at a 95-percent confidence level.
</P>
<P>(4) <I>Blasting-level chart.</I> (i) An operator may use the ground-vibration limits in Figure 1 to determine the maximum allowable ground vibration.
</P>
<img src="/graphics/er17no17.019.gif"/>
<P>(ii) If the Figure 1 limits are used, a seismographic record including both particle velocity and vibration-frequency levels shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the regulatory authority before application of this alternative blasting criterion.
</P>
<P>(5) The maximum allowable ground vibration shall be reduced by the regulatory authority beyond the limits otherwise provided by this section, if determined necessary to provide damage protection.
</P>
<P>(6) The regulatory authority may require an operator to conduct seismic monitoring of any or all blasts and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.
</P>
<P>(e) The maximum airblast and ground-vibration standards of paragraphs (b) and (d) of this section shall not apply at the following locations:
</P>
<P>(1) At structures owned by the permittee and not leased to another person,
</P>
<P>(2) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the regulatory authority before blasting.
</P>
<CITA TYPE="N">[48 FR 9810, Mar. 8, 1983, as amended at 48 FR 44781, Sept. 30, 1983; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.68" NODE="30:3.0.1.11.48.0.1.24" TYPE="SECTION">
<HEAD>§ 817.68   Use of explosives: Records of blasting operations.</HEAD>
<P>The operator shall retain a record of all blasts for at least 3 years. Upon request, copies of these records shall be made available to the regulatory authority and to the public for inspection. Such records shall contain the following data:
</P>
<P>(a) Name of the operator conducting the blast.
</P>
<P>(b) Location, date, and time of the blast.
</P>
<P>(c) Name, signature, and certification number of the blaster conducting the blast.
</P>
<P>(d) Identification, direction, and distance, in feet, from the nearest blast hole to the nearest dwelling, public building, school, church, community or institutional building outside the permit area, except those described in § 817.67 (e).
</P>
<P>(e) Weather conditions, including those which may cause possible adverse blasting effects.
</P>
<P>(f) Type of material blasted.
</P>
<P>(g) Sketches of the blast pattern including number of holes, burden, spacing, decks, and delay pattern.
</P>
<P>(h) Diameter and depth of holes.
</P>
<P>(i) Types of explosives used.
</P>
<P>(j) Total weight of explosives used per hole.
</P>
<P>(k) The maximum weight of explosives detonated in an 8-millisecond period.
</P>
<P>(l) Initiation system.
</P>
<P>(m) Type and length of stemming.
</P>
<P>(n) Mats or other protections used.
</P>
<P>(o) Seismographic and airblast records, if required, which shall include—
</P>
<P>(1) Type of instrument, sensitivity, and calibration signal or certification of annual calibration;
</P>
<P>(2) Exact location of instrument and the date, time, and distance from the blast;
</P>
<P>(3) Name of the person and firm taking the reading;
</P>
<P>(4) Name of the person and firm analyzing the seismographic record; and
</P>
<P>(5) The vibration and/or airblast level recorded.
</P>
<P>(p) Reasons and conditions for each unscheduled blast.
</P>
<CITA TYPE="N">[48 FR 9811, Mar. 8, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.71" NODE="30:3.0.1.11.48.0.1.25" TYPE="SECTION">
<HEAD>§ 817.71   Disposal of excess spoil: General requirements.</HEAD>
<P>(a) <I>General.</I> Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled manner to—
</P>
<P>(1) Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;
</P>
<P>(2) Ensure mass stability and prevent mass movement during and after construction; and
</P>
<P>(3) Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use.
</P>
<P>(b) <I>Design certification.</I> (1) The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet any design criteria established by the regulatory authority. A qualified registered professional engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.
</P>
<P>(2) The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction.
</P>
<P>(c) <I>Location.</I> The disposal area shall be located on the most moderately sloping and naturally stable areas available, as approved by the regulatory authority, and shall be placed, where possible, upon or above a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.
</P>
<P>(d) <I>Foundation.</I> (1) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures.
</P>
<P>(2) When the slope in the disposal area is in excess of 2.8h:lv (36 percent), or such lesser slope as may be designated by the regulatory authority based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with § 784.19 of this chapter to determine the size of rock toe buttresses and keyway cuts.
</P>
<P>(e) <I>Placement of excess spoil.</I> (1) All vegetative and organic materials shall be removed from the disposal area prior to placement of excess spoil. Topsoil shall be removed, segregated and stored or redistributed in accordance with § 817.22. If approved by the regulatory authority, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.
</P>
<P>(2) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding 4 feet in thickness; concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction; graded so that surface and subsurface drainage is compatible with the natural surroundings; and covered with topsoil or substitute material in accordance with § 817.22 of this chapter. The regulatory authority may approve a design which incorporates placement of excess spoil in horizontal lifts other than 4 feet in thickness when it is demonstrated by the operator and certified by a qualified registered professional engineer that the design will ensure the stability of the fill and will meet all other applicable requirements.
</P>
<P>(3) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:lv (50 percent).
</P>
<P>(4) No permanent impoundments are allowed on the completed fill. Small depressions may be allowed by the regulatory authority if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation; and if they are not incompatible with the stability of the fill.
</P>
<P>(5) Excess spoil that is acid- or toxic-forming or combustible shall be adequately covered with nonacid, nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with § 817.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use.
</P>
<P>(f) <I>Drainage control.</I> (1) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.
</P>
<P>(2) Diversions shall comply with the requirements of § 817.43.
</P>
<P>(3) Underdrains shall consist of durable rock or pipe, be designed and constructed using current, prudent engineering practices and meet any design criteria established by the regulatory authority. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid-, nontoxic-forming rock (<I>e.g.,</I> natural sand and gravel, sandstone, limestone, or other durable rock) that does not slake in water or degrade to soil materials, and which is free of coal, clay or other nondurable material. Perforated pipe underdrains shall be corrosion resistant and shall have characteristics consistent with the long-term life of the fill.
</P>
<P>(g) <I>Surface area stabilization.</I> Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.
</P>
<P>(h) <I>Inspections.</I> A qualified registered professional engineer or other qualified professional specialist under the direction of the professional engineer, shall periodically inspect the fill during construction. The professional engineer or specialist shall be experienced in the construction of earth and rock fills.
</P>
<P>(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum: (i) Foundation preparation, including the removal of all organic material and topsoil; (ii) placement of underdrains and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and revegetated fill. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials.
</P>
<P>(2) The qualified registered professional engineer shall provide a certified report to the regulatory authority promptly after each inspection that the fill has been constructed and maintained as designed and in accordance with the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other hazardous conditions.
</P>
<P>(3)(i) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately.
</P>
<P>(ii) Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with § 817.73, color photographs shall be taken of the underdrain as the underdrain system is being formed.
</P>
<P>(iii) The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.
</P>
<P>(4) A copy of each inspection report shall be retained at or near the mine site.
</P>
<P>(i) <I>Coal mine waste.</I> Coal mine waste may be disposed of in excess spoil fills if approved by the regulatory authority and, if such waste is—
</P>
<P>(1) Placed in accordance with § 817.83;
</P>
<P>(2) Nontoxic and nonacid forming; and
</P>
<P>(3) Of the proper characteristics to be consistent with the design stability of the fill.
</P>
<P>(j) <I>Underground disposal.</I> Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the regulatory authority and MSHA under § 784.25 of this chapter.
</P>
<P>(k) <I>Face-up operations.</I> Spoil resulting from face-up operations for underground coal mine development may be placed at drift entries as part of a cut and fill structure, if the structure is less than 400 feet in horizontal length, and designed in accordance with § 817.71.
</P>
<CITA TYPE="N">[48 FR 32927, July 19, 1983, as amended at 48 FR 44781, Sept. 30, 1983; 73 FR 75885, Dec. 12, 2008; 79 FR 76232, Dec. 22, 2014; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.72" NODE="30:3.0.1.11.48.0.1.26" TYPE="SECTION">
<HEAD>§ 817.72   Disposal of excess spoil: Valley fill/head-of-hollow fills.</HEAD>
<P>Valley fills and head-of-hollow fills shall meet the requirements of § 817.71 and the additional requirements of this section.
</P>
<P>(a) <I>Drainage control.</I> (1) The top surface of the completed fill shall be graded such that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill.
</P>
<P>(2) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of § 817.43 and to safely pass the runoff from a 100-year, 6-hour precipitation event.
</P>
<P>(b) <I>Rock-core chimney drains.</I> A rock-core chimney drain may be used in a head-of-hollow fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed 250,000 cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows:
</P>
<P>(1) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least 16 feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of § 817.71(f).
</P>
<P>(2) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.
</P>
<P>(3) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:lv (3 percent). A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than 10,000 cubic feet of water. Terraces on the fill shall be graded with a 3 to 5 percent grade toward the fill and a 1 percent slope toward the rock core.
</P>
<CITA TYPE="N">[48 FR 32928, July 19, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.73" NODE="30:3.0.1.11.48.0.1.27" TYPE="SECTION">
<HEAD>§ 817.73   Disposal of excess spoil: Durable rock fills.</HEAD>
<P>The regulatory authority may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:
</P>
<P>(a) Except as provided in this section, the requirements of § 817.71 are met.
</P>
<P>(b) The excess spoil consists of at least 80 percent, by volume, durable, nonacid- and nontoxic-forming rock (<I>e.g.,</I> sandstone or limestone) that does not slake in water and will not degrade to soil material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil material shall be mixed with excess durable rock spoil in a controlled manner such that no more than 20 percent of the fill volume, as determined by tests performed by a registered engineer and approved by the regulatory authority, is not durable rock.
</P>
<P>(c) A qualified registered professional engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements.
</P>
<P>(d) The fill is designed to attain a minimum long-term static safety factor of 1.5, and an earthquake safety factor of 1.1.
</P>
<P>(e) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements for drainage control are met.
</P>
<P>(f) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of § 817.43 and to safely pass the runoff from a 100-year, 6-hour precipitation event.
</P>
<CITA TYPE="N">[48 FR 32929, July 19, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.74" NODE="30:3.0.1.11.48.0.1.28" TYPE="SECTION">
<HEAD>§ 817.74   Disposal of excess spoil: Preexisting benches.</HEAD>
<P>(a) The regulatory authority may approve the disposal of excess spoil through placement on a preexisting bench if the affected portion of the preexisting bench is permitted and the standards set forth in § 817.102 (c), (e) through (h), and (j), and the requirements of this section are met.
</P>
<P>(b) All vegetation and organic materials shall be removed from the affected portion of the preexisting bench prior to placement of the excess spoil. Any available topsoil on the bench shall be removed, stored and redistributed in accordance with § 817.22 of this part. Substitute or supplemental materials may be used in accordance with § 817.22(b) of this part.
</P>
<P>(c) The fill shall be designed and constructed using current, prudent engineering practices. The design will be certified by a registered professional engineer. The spoil shall be placed on the solid portion of the bench in a controlled manner and concurrently compacted as necessary to attain a long term static safety factor of 1.3 for all portions of the fill. Any spoil deposited on any fill portion of the bench will be treated as excess spoil fill under § 817.71.
</P>
<P>(d) The preexisting bench shall be backfilled and graded to—
</P>
<P>(1) Achieve the most moderate slope possible which does not exceed the angle of repose;
</P>
<P>(2) Eliminate the highwall to the maximum extent technically practical;
</P>
<P>(3) Minimize erosion and water pollution both on and off the site; and
</P>
<P>(4) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.
</P>
<P>(e) All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.
</P>
<P>(f) Permanent impoundments may not be constructed on preexisting benches backfilled with excess spoil under this regulation.
</P>
<P>(g) Final configuration of the backfill must be compatible with the natural drainage patterns and the surrounding area, and support the approved postmining land use.
</P>
<P>(h) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the regulatory authority provided that—
</P>
<P>(1) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the regulatory authority to minimize hazards to health and safety and to ensure that damage will be minimized between the benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;
</P>
<P>(2) All gravity transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill;
</P>
<P>(3) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity transported to the lower bench prior to construction of the berm;
</P>
<P>(4) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses properly prepared according to § 817.22. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of this part.
</P>
<CITA TYPE="N">[48 FR 32929, July 19, 1983, as amended at 48 FR 44781, Sept. 30, 1983; 56 FR 65636, Dec. 17, 1991; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.81" NODE="30:3.0.1.11.48.0.1.29" TYPE="SECTION">
<HEAD>§ 817.81   Coal mine waste: General requirements.</HEAD>
<P>(a) <I>General.</I> All coal mine waste disposed of in an area other than the mine workings or excavations shall be placed in new or existing disposal areas within a permit area, which are approved by the regulatory authority for this purpose. Coal mine waste shall be hauled or conveyed and placed for final placement in a controlled manner to—
</P>
<P>(1) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;
</P>
<P>(2) Ensure mass stability and prevent mass movement during and after construction;
</P>
<P>(3) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;
</P>
<P>(4) Not create a public hazard; and
</P>
<P>(5) Prevent combustion.
</P>
<P>(b) Coal mine waste materials from activities located outside a permit area may be disposed of in the permit area only if approved by the regulatory authority. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this section.
</P>
<P>(c) <I>Design certification.</I> (1) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the regulatory authority. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall certify the design of the disposal facility.
</P>
<P>(2) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments must be stable under all conditions of construction.
</P>
<P>(d) <I>Foundation.</I> Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.
</P>
<P>(e) <I>Emergency procedures.</I> If any examination or inspection discloses that a potential hazard exists, the regulatory authority shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the regulatory authority shall be notified immediately. The regulatory authority shall then notify the appropriate agencies that other emergency procedures are required to protect the public.
</P>
<P>(f) <I>Underground disposal.</I> Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the regulatory authority and MSHA under § 784.25 of this chapter.
</P>
<CITA TYPE="N">[48 FR 44030, Sept. 26, 1983, as amended at 56 FR 65636, Dec. 17, 1991; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.83" NODE="30:3.0.1.11.48.0.1.30" TYPE="SECTION">
<HEAD>§ 817.83   Coal mine waste: Refuse piles.</HEAD>
<P>Refuse piles shall meet the requirements of § 817.81, the additional requirements of this section, and the requirements of §§ 77.214 and 77.215 of this title.
</P>
<P>(a) <I>Drainage control.</I> (1) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.
</P>
<P>(2) Uncontrolled surface drainage may not be diverted over the outslope of the refuse pile. Runoff from areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of § 817.43 to safely pass the runoff from a 100-year, 6-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.
</P>
<P>(3) Underdrains shall comply with the requirements of § 817.71(f)(3).
</P>
<P>(b) <I>Surface area stabilization.</I> Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.
</P>
<P>(c) <I>Placement.</I> (1) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with § 817.22. If approved by the regulatory authority, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.
</P>
<P>(2) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control of erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50 percent).
</P>
<P>(3) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the regulatory authority if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.
</P>
<P>(4) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of 4 feet of the best available, nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The regulatory authority may allow less than 4 feet of cover material based on physical and chemical analyses which show that the requirements of §§ 817.111 through 817.116 will be met.
</P>
<P>(d) <I>Inspections.</I> A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall inspect the refuse pile during construction. The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures.
</P>
<P>(1) Such inspection shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum: (i) Foundation preparation including the removal of all organic material and topsoil; (ii) placement of underdrains and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and revegetated facility. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the regulatory authority.
</P>
<P>(2) The qualified registered professional engineer shall provide a certified report to the regulatory authority promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other hazardous conditions.
</P>
<P>(3) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.
</P>
<P>(4) A copy of each inspection report shall be retained at or near the minesite.
</P>
<CITA TYPE="N">[48 FR 44030, Sept. 26, 1983, as amended at 56 FR 65636, Dec. 17, 1991; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.84" NODE="30:3.0.1.11.48.0.1.31" TYPE="SECTION">
<HEAD>§ 817.84   Coal mine waste: Impounding structures.</HEAD>
<P>New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of § 817.81.
</P>
<P>(a) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the regulatory authority that the stability of such a structure conforms to the requirements of this part and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure and shall be discussed in detail in the design plan submitted to the regulatory authority in accordance with § 780.25 of this chapter.
</P>
<P>(b)(1) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with § 817.49 (a) and (c). Such structures may not be retained permanently as part of the approved postmining land use.
</P>
<P>(2) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of § 77.216(a) of this title shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control, the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the regulatory authority.
</P>
<P>(c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.
</P>
<P>(d) <I>Drainage control.</I> Runoff from areas above the disposal facility or runoff from the surface of the facility that may cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of § 817.43 and designed to safely pass the runoff from a 100-year, 6-hour design precipitation event.
</P>
<P>(e) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least 90 percent of the water stored during the design precipitation event can be removed within a 10-day period.
</P>
<P>(f) For an impounding structure constructed of or impounding coal mine waste, at least 90 percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.
</P>
<CITA TYPE="N">[48 FR 44031, Sept. 26, 1983, as amended at 53 FR 43608, Oct. 27, 1988; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.87" NODE="30:3.0.1.11.48.0.1.32" TYPE="SECTION">
<HEAD>§ 817.87   Coal mine waste: Burning and burned waste utilization.</HEAD>
<P>(a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the regulatory authority and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.
</P>
<P>(b) No burning or unburned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the regulatory authority. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.
</P>
<CITA TYPE="N">[48 FR 44031, Sept. 26, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.89" NODE="30:3.0.1.11.48.0.1.33" TYPE="SECTION">
<HEAD>§ 817.89   Disposal of noncoal mine wastes.</HEAD>
<P>(a) Noncoal mine wastes including, but not limited to grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.
</P>
<P>(b) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area or a State-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of 2 feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with §§ 817.111 through 817.116. Operation of the disposal site shall be conducted in accordance with all local, State, and Federal requirements.
</P>
<P>(c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall any excavation for a noncoal mine waste disposal site be located within 8 feet of any coal outcrop or coal storage area.
</P>
<CITA TYPE="N">[48 FR 44031, Sept. 26, 1983, as amended at 56 FR 65636, Dec. 17, 1991; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.95" NODE="30:3.0.1.11.48.0.1.34" TYPE="SECTION">
<HEAD>§ 817.95   Stabilization of surface areas.</HEAD>
<P>(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.
</P>
<P>(b) Rills and gullies which form in areas that have been regraded and topsoiled and which either (1) disrupt the approved postmining land use or the reestablishment of the vegetative cover, or (2) cause or contribute to a violation of water quality standards for receiving streams; shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted.
</P>
<CITA TYPE="N">[48 FR 1163, Jan. 10, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.97" NODE="30:3.0.1.11.48.0.1.35" TYPE="SECTION">
<HEAD>§ 817.97   Protection of fish, wildlife, and related environmental values.</HEAD>
<P>(a) The operator shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and shall achieve enhancement of such resources where practicable.
</P>
<P>(b) <I>Endangered and threatened species.</I> No underground mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 <I>et seq.</I>). The operator shall promptly report to the regulatory authority any State- or federally-listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the regulatory authority shall consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.
</P>
<P>(c) <I>Bald and golden eagles.</I> No underground mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the regulatory authority any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the regulatory authority shall consult with the U.S. Fish and Wildlife Service and also, where appropriate, the State fish and wildlife agency and, after consultation, shall identify whether, and under what conditions, the operator may proceed.
</P>
<P>(d) Nothing in this chapter shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 <I>et seq.,</I> or the Bald Eagle Protection Act, as amended, 16 U.S.C. 668 <I>et seq.</I>
</P>
<P>(e) Each operator shall, to the extent possible using the best technology currently available—
</P>
<P>(1) Ensure that electric powerlines and other transmission facilities used for, or incidental to, underground mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where the regulatory authority determines that such requirements are unnecessary;
</P>
<P>(2) Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or Federal law;
</P>
<P>(3) Design fences, overland conveyors, and other potential barriers to permit passage for large mammals except where the regulatory authority determines that such requirements are unnecessary; and
</P>
<P>(4) Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.
</P>
<P>(f) <I>Wetlands and habitats of unusually high value for fish and wildlife.</I> The operator conducting underground mining activities shall avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes. Underground mining activities shall avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.
</P>
<P>(g) Where fish and wildlife habitat is to be a postmining land use, the plant species to be used on reclaimed areas shall be selected on the basis of the following criteria:
</P>
<P>(1) Their proven nutritional value for fish or wildlife.
</P>
<P>(2) Their use as cover for fish or wildlife.
</P>
<P>(3) Their ability to support and enhance fish or wildlife habitat after the release of performance bonds. The selected plants shall be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits to fish and wildlife.
</P>
<P>(h) Where cropland is to be the postmining land use, and where appropriate for wildlife- and crop-management practices, the operator shall intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals.
</P>
<P>(i) Where residential, public service, or industrial uses are to be the postmining land use, and where consistent with the approved postmining land use, the operator shall intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs, and trees useful as food and cover for wildlife.
</P>
<CITA TYPE="N">[48 FR 30328, June 30, 1983, as amended at 52 FR 47360, Dec. 11, 1987; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.99" NODE="30:3.0.1.11.48.0.1.36" TYPE="SECTION">
<HEAD>§ 817.99   Slides and other damage.</HEAD>
<P>At any time a slide occurs which may have a potential adverse effect on public, property, health, safety, or the environment, the person who conducts the underground mining activities shall notify the regulatory authority by the fastest available means and comply with any remedial measures required by the regulatory authority.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.100" NODE="30:3.0.1.11.48.0.1.37" TYPE="SECTION">
<HEAD>§ 817.100   Contemporaneous reclamation.</HEAD>
<P>Reclamation efforts, including but not limited to backfilling, grading, topsoil replacement, and revegetation, on all areas affected by surface impacts incident to an underground coal mine shall occur as contemporaneously as practicable with mining operations, except when such mining operations are conducted in accordance with a variance for concurrent surface and underground mining activities issued under § 785.18 of this chapter. The regulatory authority may establish schedules that define contemporaneous reclamation.
</P>
<CITA TYPE="N">[48 FR 24652, June 1, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.102" NODE="30:3.0.1.11.48.0.1.38" TYPE="SECTION">
<HEAD>§ 817.102   Backfilling and grading: General requirements.</HEAD>
<P>(a) Disturbed areas shall be backfilled and graded to—
</P>
<P>(1) Achieve the approximate original contour, except as provided in paragraph (k) of this section;
</P>
<P>(2) Eliminate all highwalls, spoil piles, and depressions, except as provided in paragraph (h) (small depressions) and in paragraph (k)(2) (previously mined highwalls) of this section;
</P>
<P>(3) Achieve a postmining slope that does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum long-term static safety factor of 1.3 and to prevent slides;
</P>
<P>(4) Minimize erosion and water pollution both on and off the site; and
</P>
<P>(5) Support the approved postmining land use.
</P>
<P>(b) Spoil, except as provided in paragraph (l) of this section, and except excess spoil disposed of in accordance with §§ 817.71 through 817.74, shall be returned to the mined-out surface area.
</P>
<P>(c) Spoil and waste materials shall be compacted where advisable to ensure stability or to prevent leaching of toxic materials.
</P>
<P>(d) Spoil may be placed on the area outside the mined-out surface area in nonsteep slope areas to restore the approximate original contour by blending the spoil into the surrounding terrain if the following requirements are met:
</P>
<P>(1) All vegetative and organic material shall be removed from the area.
</P>
<P>(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with § 817.22.
</P>
<P>(3) The spoil shall be backfilled and graded on the area in accordance with the requirements of this section.
</P>
<P>(e) Disposal of coal processing waste and underground development waste in the mined-out surface area shall be in accordance with §§ 817.81 and 817.83, except that a long-term static safety factor of 1.3 shall be achieved.
</P>
<P>(f) Exposed coal seams, acid- and toxic-forming materials, and combustible materials exposed, used, or produced during mining shall be adequately covered with nontoxic and noncombustible materials, or treated, to control the impact on surface and ground water in accordance with § 817.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use.
</P>
<P>(g) Cut-and-fill terraces may be allowed by the regulatory authority where—
</P>
<P>(1) Needed to conserve soil moisture, ensure stability, and control erosion on final-graded slopes, if the terraces are compatible with the approved postmining land use; or
</P>
<P>(2) Specialized grading, foundation conditions, or roads are required for the approved postmining land use, in which case the final grading may include a terrace of adequate width to ensure the safety, stability, and erosion control necessary to implement the postmining land-use plan.
</P>
<P>(h) Small depressions may be constructed if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation.
</P>
<P>(i) Permanent impoundments may be approved if they meet the requirements of §§ 817.49 and 817.56 and if they are suitable for the approved postmining land use.
</P>
<P>(j) Preparation of final-graded surfaces shall be conducted in a manner that minimizes erosion and provides a surface for replacement of topsoil that will minimize slippage.
</P>
<P>(k) The postmining slope may vary from the approximate original contour when approval is obtained from the regulatory authority for—
</P>
<P>(1) A variance from approximate original contour requirements in accordance with § 785.16 of this chapter; or
</P>
<P>(2) Incomplete elimination of highwalls in previously mined areas in accordance with § 817.106.
</P>
<P>(l) Regrading of settled and revegetated fills to achieve approximate original contour at the conclusion of underground mining activities shall not be required if the conditions of paragraph (l)(1) or (l)(2) of this section are met.
</P>
<P>(1)(i) Settled and revegetated fills shall be composed of spoil or non-acid- or non-toxic-forming underground development waste.
</P>
<P>(ii) The spoil or underground development waste shall not be located so as to be detrimental to the environment, to the health and safety of the public, or to the approved postmining land use.
</P>
<P>(iii) Stability of the spoil or underground development waste shall be demonstrated through standard geotechnical analysis to be consistent with backfilling and grading requirements for material on the solid bench (1.3 static safety factor) or excess spoil requirements for material not placed on a solid bench (1.5 static safety factor).
</P>
<P>(iv) The surface of the spoil or underground development waste shall be vegetated according to § 817.116, and surface runoff shall be controlled in accordance with § 817.43.
</P>
<P>(2) If it is determined by the regulatory authority that disturbance of the existing spoil or underground development waste would increase environmental harm or adversely affect the health and safety of the public, the regulatory authority may allow the existing spoil or underground development waste pile to remain in place. The regulatory authority may require stabilization of such spoil or underground development waste in accordance with the requirements of paragraphs (l)(1)(i) through (l)(1)(iv) of this section.
</P>
<CITA TYPE="N">[48 FR 23370, May 24, 1983, as amended at 48 FR 41735, Sept. 16, 1983; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.106" NODE="30:3.0.1.11.48.0.1.39" TYPE="SECTION">
<HEAD>§ 817.106   Backfilling and grading: Previously mined areas.</HEAD>
<P>(a) Remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of §§ 817.102 through 817.107 of this chapter, except as provided in this section.
</P>
<P>(b) The requirements of § 817.102(a) (1) and (2) requiring that elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the regulatory authority to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:
</P>
<P>(1) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area.
</P>
<P>(2) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability.
</P>
<P>(3) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the regulatory authority, that the highwall remnant is stable.
</P>
<P>(4) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.
</P>
<CITA TYPE="N">[48 FR 41735, Sept. 16, 1983, as amended at 51 FR 41737, Nov. 18, 1986; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.107" NODE="30:3.0.1.11.48.0.1.40" TYPE="SECTION">
<HEAD>§ 817.107   Backfilling and grading: Steep slopes.</HEAD>
<P>(a) Underground mining activities on steep slopes shall be conducted so as to meet the requirements of §§ 817.102-817.106 and the requirements of this section.
</P>
<P>(b) The following materials shall not be placed on the downslope:
</P>
<P>(1) Spoil.
</P>
<P>(2) Waste materials of any type.
</P>
<P>(3) Debris, including that from clearing and grubbing.
</P>
<P>(4) Abandoned or disabled equipment.
</P>
<P>(c) Land above the highwall shall not be disturbed unless the regulatory authority finds that this disturbance will facilitate compliance with the environmental protection standards of this subchapter and the disturbance is limited to that necessary to facilitate compliance.
</P>
<P>(d) Woody materials shall not be buried in the backfilled area unless the regulatory authority determines that the proposed method for placing woody material within the backfill will not deteriorate the stable condition of the backfilled area.
</P>
<CITA TYPE="N">[48 FR 23370, May 24, 1983, as amended at 48 FR 41735, Sept. 16, 1983; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.111" NODE="30:3.0.1.11.48.0.1.41" TYPE="SECTION">
<HEAD>§ 817.111   Revegetation: General requirements.</HEAD>
<P>(a) The permittee shall establish on regraded areas and on all other disturbed areas except water areas and surface areas of roads that are approved as part of the postmining land use, as vegetative cover that is in accordance with the approved permit and reclamation plan and that is—
</P>
<P>(1) Diverse, effective, and permanent;
</P>
<P>(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the regulatory authority;
</P>
<P>(3) At least equal in extent of cover to the natural vegetation of the area; and
</P>
<P>(4) Capable of stabilizing the soil surface from erosion.
</P>
<P>(b) The reestablished plant species shall—
</P>
<P>(1) Be compatible with the approved postmining land use;
</P>
<P>(2) Have the same seasonal characteristics of growth as the original vegetation;
</P>
<P>(3) Be capable of self-regeneration and plant succession;
</P>
<P>(4) Be compatible with the plant and animal species of the area; and
</P>
<P>(5) Meet the requirements of applicable State and Federal seed, poisonous and noxious plant, and introduced species laws or regulations.
</P>
<P>(c) The regulatory authority may grant exception to the requirements of paragraphs (b) (2) and (3) of this section when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.
</P>
<P>(d) When the regulatory authority approves a cropland postmining land use, the regulatory authority may grant exceptions to the requirements of paragraphs (a) (1), (3), (b) (2), and (3) of this section. The requirements of part 823 of this chapter apply to areas identified as prime farmland.
</P>
<CITA TYPE="N">[48 FR 40161, Sept. 2, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.113" NODE="30:3.0.1.11.48.0.1.42" TYPE="SECTION">
<HEAD>§ 817.113   Revegetation: Timing.</HEAD>
<P>Disturbed areas shall be planted during the first normal period for favorable planting conditions after replacement of the plant-growth medium. The normal period for favorable planting is that planting time generally accepted locally for the type of plant materials selected.
</P>
<CITA TYPE="N">[48 FR 40161, Sept. 2, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.114" NODE="30:3.0.1.11.48.0.1.43" TYPE="SECTION">
<HEAD>§ 817.114   Revegetation: Mulching and other soil stabilizing practices.</HEAD>
<P>Suitable mulch and other soil stabilizing practices shall be used on all areas that have been regraded and covered by topsoil or topsoil substitutes. The regulatory authority may waive this requirement if seasonal, soil, or slope factors result in a condition where mulch and other soil stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover.
</P>
<CITA TYPE="N">[48 FR 40161, Sept. 2, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.116" NODE="30:3.0.1.11.48.0.1.44" TYPE="SECTION">
<HEAD>§ 817.116   Revegetation: Standards for success.</HEAD>
<P>(a) Success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the general requirements of § 817.111.
</P>
<P>(1) Standards for success and statistically valid sampling techniques for measuring success shall be selected by the regulatory authority, described in writing, and made available to the public.
</P>
<P>(2) Standards for success shall include criteria representative of unmined lands in the area being reclaimed to evaluate the appropriate vegetation parameters of ground cover, production, or stocking. Ground cover, production, or stocking shall be considered equal to the approved success standard when they are not less than 90 percent of the success standard. The sampling techniques for measuring success shall use a 90-percent statistical confidence interval (<I>i.e.,</I> a one-sided test with a 0.10 alpha error).
</P>
<P>(b) Standards for success shall be applied in accordance with the approved postmining land use and, at a minimum, the following conditions:
</P>
<P>(1) For areas developed for use as grazing land or pasture land, the ground cover and production of living plants on the revegetated area shall be at least equal to that of a reference area or such other success standards approved by the regulatory authority.
</P>
<P>(2) For areas developed for use as cropland, crop production on the revegetated area shall be at least equal to that of a reference area or such other success standards approved by the regulatory authority.
</P>
<P>(3) For areas to be developed for fish and wildlife habitat, recreation, undeveloped land, or forest products, success of vegetation shall be determined on the basis of tree and shrub stocking and vegetative ground cover. Such parameters are described as follows:
</P>
<P>(i) Minimum stocking and planting arrangements shall be specified by the regulatory authority on the basis of local and regional conditions and after consultation with and approval by the State agencies responsible for the administration of forestry and wildlife programs. Consultation and approval may occur on either a programwide or a permit-specific basis.
</P>
<P>(ii) Trees and shrubs that will be used in determining the success of stocking and the adequacy of the plant arrangement shall have utility for the approved postmining land use. Trees and shrubs counted in determining such success shall be healthy and have been in place for not less than two growing seasons. At the time of bond release, at least 80 percent of the trees and shrubs used to determine such success shall have been in place for 60 percent of the applicable minimum period of responsibility. The requirements of this section apply to trees and shrubs that have been seeded or transplanted and can be met when records of woody vegetation planted show that no woody plants were planted during the last two growing seasons of the responsibility period and, if any replanting of woody plants took place during the responsibility period, the total number planted during the last 60 percent of that period is less than 20 percent of the total number of woody plants required. Any replanting must be by means of transplants to allow for adequate accounting of plant stocking. This final accounting may include volunteer trees and shrubs of approved species. Volunteer trees and shrubs of approved species shall be deemed equivalent to planted specimens two years of age or older and can be counted towards success. Suckers on shrubby vegetation can be counted as volunteer plants when it is evident the shrub community is vigorous and expanding.
</P>
<P>(iii) Vegetative ground cover shall not be less than that required to achieve the approved postmining land use.
</P>
<P>(4) For areas to be developed for industrial, commercial, or residential use less than 2 years after regrading is completed, the vegetative ground cover shall not be less than that required to control erosion.
</P>
<P>(5) For areas previously disturbed by mining that were not reclaimed to the requirements of this subchapter and that are remined or otherwise redisturbed by surface coal mining operations, as a minimum, the vegetative ground cover shall be not less than the ground cover existing before redisturbance and shall be adequate to control erosion.
</P>
<P>(c)(1) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, irrigation, or other work, excluding husbandry practices that are approved by the regulatory authority in accordance with paragraph (c)(4) of this section.
</P>
<P>(2) In areas of more than 26.0 inches of annual average precipitation, the period of responsibility shall continue for a period of not less than:
</P>
<P>(i) Five full years, except as provided in paragraph (c)(2)(ii) of this section. The vegetation parameters identified in paragraph (b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any 2 years of the responsibility period, except the first year. Areas approved for the other uses identified in paragraph (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period.
</P>
<P>(ii) Two full years for lands eligible for remining included in a permit for which a finding has been made under § 773.15(m) of this chapter. To the extent that the success standards are established by paragraph (b)(5) of this section, the lands must equal or exceed the standards during the growing season of the last year of the responsibility period.
</P>
<P>(3) In areas of 26.0 inches or less average annual precipitation, the period of responsibility shall continue for a period of not less than:
</P>
<P>(i) Ten full years, except as provided in paragraph (c)(3)(ii) in this section. The vegetation parameters identified in paragraph (b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any two years after year six of the responsibility period. Areas approved for the other uses identified in paragraph (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period.
</P>
<P>(ii) Five full years for lands eligible for remining included in a permit for which a finding has been made under § 773.15(m) of this chapter. To the extent that the success standards are established by paragraph (b)(5) of this section, the lands must equal or exceed the standards during the growing seasons of the last two consecutive years of the responsibility period.
</P>
<P>(4) The regulatory authority may approve selective husbandry practices, excluding augmented seeding, fertilization, or irrigation, provided it obtains prior approval from the Director in accordance with § 732.17 of this chapter that the practices are normal husbandry practices, without extending the period of responsibility for revegetation success and bond liability, if such practices can be expected to continue as part of the postmining land use or if discontinuance of the practices after the liability period expires will not reduce the probability of permanent revegetation success. Approved practices shall be normal husbandry practices within the region for unmined lands having land uses similar to the approved postmining land use of the disturbed area, including such practices as disease, pest, and vermin control; and any pruning, reseeding, and transplanting specifically necessitated by such actions.
</P>
<CITA TYPE="N">[48 FR 40161, Sept. 2, 1983, as amended at 53 FR 34643, Sept. 7, 1988; 60 FR 58492, Nov. 27, 1995; 71 FR 51706, Aug. 30, 2006; 73 FR 67631, Nov. 14, 2008; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.121" NODE="30:3.0.1.11.48.0.1.45" TYPE="SECTION">
<HEAD>§ 817.121   Subsidence control.</HEAD>
<P>(a) <I>Measures to prevent or minimize damage.</I> (1) The permittee must either adopt measures consistent with known technology that prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands or adopt mining technology that provides for planned subsidence in a predictable and controlled manner.
</P>
<P>(2) If a permittee employs mining technology that provides for planned subsidence in a predictable and controlled manner, the permittee must take necessary and prudent measures, consistent with the mining method employed, to minimize material damage to the extent technologically and economically feasible to non-commercial buildings and occupied residential dwellings and structures related thereto except that measures required to minimize material damage to such structures are not required if:
</P>
<P>(i) The permittee has the written consent of their owners or
</P>
<P>(ii) Unless the anticipated damage would constitute a threat to health or safety, the costs of such measures exceed the anticipated costs of repair.
</P>
<P>(3) Nothing in this part prohibits the standard method of room-and-pillar mining.
</P>
<P>(b) The operator shall comply with all provisions of the approved subsidence control plan prepared pursuant to § 784.20 of this chapter.
</P>
<P>(c) <I>Repair of damage</I>—(1) <I>Repair of damage to surface lands.</I> The permittee must correct any material damage resulting from subsidence caused to surface lands, to the extent technologically and economically feasible, by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses that it was capable of supporting before subsidence damage.
</P>
<P>(2) <I>Repair or compensation for damage to non-commercial buildings and dwellings and related structures.</I> The permittee must promptly repair, or compensate the owner for, material damage resulting from subsidence caused to any non-commercial building or occupied residential dwelling or structure related thereto that existed at the time of mining. If repair option is selected, the permittee must fully rehabilitate, restore or replace the damaged structure. If compensation is selected, the permittee must compensate the owner of the damaged structure for the full amount of the decrease in value resulting from the subsidence-related damage. The permittee may provide compensation by the purchase, before mining, of a non-cancelable premium-prepaid insurance policy. The requirements of this paragraph apply only to subsidence-related damage caused by underground mining activities conducted after October 24, 1992.
</P>
<P>(3) <I>Repair or compensation for damage to other structures.</I> The permittee must, to the extent required under applicable provisions of State law, either correct material damage resulting from subsidence caused to any structures or facilities not protected by paragraph (c)(2) of this section by repairing the damage or compensate the owner of the structures or facilities for the full amount of the decrease in value resulting from the subsidence. Repair of damage includes rehabilitation, restoration, or replacement of damaged structures or facilities. Compensation may be accomplished by the purchase before mining of a non-cancelable premium-prepaid insurance policy.
</P>
<P>(4) <I>Rebuttable presumption of causation by subsidence.</I> In any determination whether damage to protected structures was caused by subsidence from underground mining, all relevant and reasonably available information will be considered by the regulatory authority.
</P>
<P>(5) <I>Adjustment of bond amount for subsidence damage.</I> When subsidence-related material damage to land, structures or facilities protected under paragraphs (c)(1) through (c)(3) of this section occurs, or when contamination, diminution, or interruption to a water supply protected under § 817.41 (j) occurs, the regulatory authority must require the permittee to obtain additional performance bond in the amount of the estimated cost of the repairs if the permittee will be repairing, or in the amount of the decrease in value if the permittee will be compensating the owner, or in the amount of the estimated cost to replace the protected water supply if the permittee will be replacing the water supply, until the repair, compensation, or replacement is completed. If repair, compensation, or replacement is completed within 90 days of the occurrence of damage, no additional bond is required. The regulatory authority may extend the 90-day time frame, but not to exceed one year, if the permittee demonstrates and the regulatory authority finds in writing that subsidence is not complete, that not all probable subsidence-related material damage has occurred to lands or protected structures, or that not all reasonably anticipated changes have occurred affecting the protected water supply, and that therefore it would be unreasonable to complete within 90 days the repair of the subsidence-related material damage to lands or protected structures, or the replacement of protected water supply.
</P>
<P>(d) Underground mining activities shall not be conducted beneath or adjacent to (1) public buildings and facilities; (2) churches, schools, and hospitals; or (3) impoundments with a storage capacity of 20 acre-feet or more or bodies of water with a volume of 20 acre-feet or more, unless the subsidence control plan demonstrates that subsidence will not cause material damage to, or reduce the reasonably foreseeable use of, such features or facilities. If the regulatory authority determines that it is necessary in order to minimize the potential for material damage to the features or facilities described above or to any aquifer or body of water that serves as a significant water source for any public water supply system, it may limit the percentage of coal extracted under or adjacent thereto.
</P>
<P>(e) If subsidence causes material damage to any of the features or facilities covered by paragraph (d) of this section, the regulatory authority may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of further material damage to such features or facilities.
</P>
<P>(f) The regulatory authority shall suspend underground mining activities under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or perennial streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.
</P>
<P>(g) Within a schedule approved by the regulatory authority, the operator shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including the size, configuration, and approximate location of pillars and entries, extraction ratios, measure taken to prevent or minimize subsidence and related damage, areas of full extraction, and other information required by the regulatory authority. Upon request of the operator, information submitted with the detailed plan may be held as confidential, in accordance with the requirements of § 773.6(d) of this chapter.
</P>
<CITA TYPE="N">[48 FR 24652, June 1, 1983, as amended at 60 FR 16749, Mar. 31, 1995; 65 FR 79670, Dec. 19, 2000; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017; 90 FR 54579, Nov. 28, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 817.122" NODE="30:3.0.1.11.48.0.1.46" TYPE="SECTION">
<HEAD>§ 817.122   Subsidence control: Public notice.</HEAD>
<P>At least 6 months prior to mining, or within that period if approved by the regulatory authority, the underground mine operator shall mail a notification to all owners and occupants of surface property and structures above the underground workings. The notification shall include, at a minimum, identification of specific areas in which mining will take place, dates that specific areas will be undermined, and the location or locations where the operator's subsidence control plan may be examined.
</P>
<CITA TYPE="N">[48 FR 24652, June 1, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.131" NODE="30:3.0.1.11.48.0.1.47" TYPE="SECTION">
<HEAD>§ 817.131   Cessation of operations: Temporary.</HEAD>
<P>(a) Each person who conducts underground mining activities shall effectively support and maintain all surface access openings to underground operations, and secure surface facilities in areas in which there are no current operations, but operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his or her obligation to comply with any provisions of the approved permit.
</P>
<P>(b) Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, each person who conducts underground mining activities shall submit to the regulatory authority a notice of intention to cease or abandon operations. This notice shall include a statement of the exact number of surface acres and the horizontal and vertical extent of sub-surface strata which have been in the permit area prior to cessation or abandonment, the extent and kind of reclamation of surface area which will have been accomplished, and identification of the backfilling, regrading, revegetation, environmental monitoring, underground opening closures and water treatment activities that will continue during the temporary cessation.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.132" NODE="30:3.0.1.11.48.0.1.48" TYPE="SECTION">
<HEAD>§ 817.132   Cessation of operations: Permanent.</HEAD>
<P>(a) The person who conducts underground mining activities shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and according to the permit approved by the regulatory authority.
</P>
<P>(b) All surface equipment, structures, or other facilities not required for continued underground mining activities and monitoring, unless approved as suitable for the postmining land use or environmental monitoring, shall be removed and the affected lands reclaimed.
</P>
<CITA TYPE="N">[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.133" NODE="30:3.0.1.11.48.0.1.49" TYPE="SECTION">
<HEAD>§ 817.133   Postmining land use.</HEAD>
<P>(a) <I>General.</I> All disturbed areas shall be restored in a timely manner to conditions that are capable of supporting—
</P>
<P>(1) The uses they were capable of supporting before any mining; or
</P>
<P>(2) Higher or better uses.
</P>
<P>(b) <I>Determining premining uses of land.</I> The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed. The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the land use that existed prior to any mining: <I>Provided that,</I> if the land cannot be reclaimed to the land use that existed prior to any mining because of the previously mined condition, the postmining land use shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.
</P>
<P>(c) <I>Criteria for alternative postmining land uses.</I> Higher or better uses may be approved by the regulatory authority as alternative postmining land uses after consultation with the landowner or the land management agency having jurisdiction over the lands, if the proposed uses meet the following criteria:
</P>
<P>(1) There is a reasonable likelihood for achievement of the use.
</P>
<P>(2) The use does not present any actual or probable hazard to public health and safety, or threat of water diminution or pollution.
</P>
<P>(3) The use will not—
</P>
<P>(i) Be impractical or unreasonable;
</P>
<P>(ii) Be inconsistent with applicable land use policies or plans;
</P>
<P>(iii) Involve unreasonable delay in implementation; or
</P>
<P>(iv) Cause or contribute to violation of Federal, State, or local law.
</P>
<P>(d) <I>Approximate original contour: Criteria for variance.</I> Surface coal mining operations that meet the requirements of this paragraph may be conducted under a variance from the requirement to restore disturbed areas to their approximate original contour, if the following requirements are satisfied:
</P>
<P>(1) The regulatory authority grants the variance under a permit issued in accordance with § 785.16 of this chapter.
</P>
<P>(2) The alternative postmining land use requirements of paragraph (c) of this section are met.
</P>
<P>(3) All applicable requirements of the Act and the regulatory program, other than the requirement to restore disturbed areas to their approximate original contour, are met.
</P>
<P>(4) After consultation with the appropriate land use planning agencies, if any, the potential use is shown to constitute an equal or better economic or public use.
</P>
<P>(5) The proposed use is designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.
</P>
<P>(6) After approval, where required, of the appropriate State environmental agencies, the watershed of the permit and adjacent areas is shown to be improved.
</P>
<P>(7) The highwall is completely backfilled with spoil material, in a manner which results in a static factor of safety of at least 1.3, using standard geotechnical analysis.
</P>
<P>(8) Only the amount of spoil as is necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of the Act and this chapter is placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with §§ 817.71 through 817.74 of this chapter.
</P>
<P>(9) The surface landowner of the permit area has knowingly requested, in writing, that a variance be granted, so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use (including recreational facilities).
</P>
<P>(10) Federal, State, and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use.
</P>
<CITA TYPE="N">[48 FR 33905, Sept. 1, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.150" NODE="30:3.0.1.11.48.0.1.50" TYPE="SECTION">
<HEAD>§ 817.150   Roads: General.</HEAD>
<P>(a) <I>Road classification system.</I> (1) Each road, as defined in § 701.5 of this chapter, shall be classified as either a primary road or an ancillary road.
</P>
<P>(2) A primary road is any road which is—
</P>
<P>(i) Used for transporting coal or spoil;
</P>
<P>(ii) Frequently used for access or other purposes for a period in excess of six months; or
</P>
<P>(iii) To be retained for an approval postmining land use.
</P>
<P>(3) An ancillary road is any road not classified as a primary road
</P>
<P>(b) <I>Performance standards.</I> Each road shall be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to:
</P>
<P>(1) Control or prevent erosion, siltation, and the air pollution attendant to erosion, including road dust and dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;
</P>
<P>(2) Control or prevent damage to fish, wildlife, or their habitat and related environmental values;
</P>
<P>(3) Control or prevent additional contributions of suspended solids to streamflow or runoff outside the permit area;
</P>
<P>(4) Neither cause nor contribute to, directly or indirectly, the violation of State or Federal water quality standard applicable to receiving waters;
</P>
<P>(5) Refrain from seriously altering the normal flow of water in streambeds or drainage channels;
</P>
<P>(6) Prevent or control damage to public or private property, including the prevention or mitigation of adverse effects on lands within the boundaries of units of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including designated study rivers, and National Recreation Areas designated by Act of Congress; and
</P>
<P>(7) Use nonacid- and nontoxic-forming substances in road surfacing.
</P>
<P>(c) <I>Design and construction limits and establishment of design criteria.</I> To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size, in accordance with current, prudent engineering practices, and any necessary design criteria established by the regulatory authority.
</P>
<P>(d) <I>Location.</I> (1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the regulatory authority in accordance with applicable §§ 817.41 through 817.43 and 817.57 of this chapter.
</P>
<P>(2) Roads shall be located to minimize downstream sedimentation and flooding.
</P>
<P>(e) <I>Maintenance.</I> (1) A road shall be maintained to meet the performance standards of this part and any additional criteria specified by the regulatory authority;
</P>
<P>(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the damage has occurred.
</P>
<P>(f) <I>Reclamation.</I> A road not to be retained under an approved postmining land use shall be reclaimed in accordance with the approved reclamation plan as soon as practicable after it is no longer needed for mining and reclamation operations. This reclamation shall include:
</P>
<P>(1) Closing the road to traffic;
</P>
<P>(2) Removing all bridges and culverts unless approved as part of the postmining land use;
</P>
<P>(3) Removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use and revegetation requirements;
</P>
<P>(4) Reshaping cut and fill slopes as necessary to be compatible with the postmining land use and to complement the natural drainage pattern of the surrounding terrain;
</P>
<P>(5) Protecting the natural drainage patterns by installing dikes or cross drains as necessary to control surface runoff and erosion; and
</P>
<P>(6) Scarifying or ripping the roadbed, replacing topsoil or substitute material and revegetating disturbed surfaces in accordance with §§ 817.22 and 817.111 through 817.116 of this chapter.
</P>
<CITA TYPE="N">[53 FR 45213, Nov. 8, 1988, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.151" NODE="30:3.0.1.11.48.0.1.51" TYPE="SECTION">
<HEAD>§ 817.151   Primary roads.</HEAD>
<P>Primary roads shall meet the requirements of § 817.150 and the additional requirements of this section.
</P>
<P>(a) <I>Certification.</I> The construction or reconstruction of primary roads shall be certified in a report to the regulatory authority by a qualified registered professional engineer, or in any State which authorizes land surveyors to certify the construction or reconstruction of primary roads, a qualified registered professional land surveyor, with experience in the design and construction of roads. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.
</P>
<P>(b) <I>Safety factor.</I> Each primary road embankment shall have a minimum static factor of 1.3 or meet the requirements established under § 784.24(c).
</P>
<P>(c) <I>Location.</I> (1) To minimize erosion, a primary road shall be located, insofar as is practicable, on the most stable available surface.
</P>
<P>(2) Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the regulatory authority as temporary routes during periods of road construction.
</P>
<P>(d) <I>Drainage control.</I> In accordance with the approved plan—
</P>
<P>(1) Each primary road shall be constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to safely pass the peak runoff from a 10-year, 6-hour precipitation event, or greater event as specified by the regulatory authority;
</P>
<P>(2) Drainage pipes and culverts shall be installed as designed, and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets;
</P>
<P>(3) Drainage ditches shall be constructed and maintained to prevent uncontrolled drainage over the road surface and embankment;
</P>
<P>(4) Culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road;
</P>
<P>(5) Natural stream channels shall not be altered or relocated without the prior approval of the regulatory authority in accordance with applicable §§ 816.41 through 816.43 and 816.57 of this chapter; and
</P>
<P>(6) Except as provided in paragraph (c)(2) of this section, structures for perennial or intermittent stream channel crossings shall be made using bridges, culverts, low-water crossings, or other structures designed, constructed, and maintained using current, prudent engineering practices. The regulatory authority shall ensure that low-water crossings are designed, constructed, and maintained to prevent erosion of the structure or streambed and additional contributions of suspended solids to streamflow.
</P>
<P>(e) <I>Surfacing.</I> Primary roads shall be surfaced with material approved by the regulatory authority as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.
</P>
<CITA TYPE="N">[53 FR 45213, Nov. 8, 1988, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.180" NODE="30:3.0.1.11.48.0.1.52" TYPE="SECTION">
<HEAD>§ 817.180   Utility installations.</HEAD>
<P>All underground mining activities shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines, railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the regulatory authority.
</P>
<CITA TYPE="N">[48 FR 20401, May 5, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.181" NODE="30:3.0.1.11.48.0.1.53" TYPE="SECTION">
<HEAD>§ 817.181   Support facilities.</HEAD>
<P>(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation plant to which it is incident or from which its operation results.
</P>
<P>(b) In addition to the other provisions of this part, support facilities shall be located, maintained, and used in a manner that—
</P>
<P>(1) Prevents or controls erosion and siltation, water pollution, and damage to public or private property; and
</P>
<P>(2) To the extent possible using the best technology currently available—
</P>
<P>(i) Minimizes damage to fish, wildlife, and related environmental values; and
</P>
<P>(ii) Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law.
</P>
<CITA TYPE="N">[48 FR 20401, May 5, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 817.200" NODE="30:3.0.1.11.48.0.1.54" TYPE="SECTION">
<HEAD>§ 817.200   Interpretative rules related to general performance standards.</HEAD>
<P>The following interpretations of rules promulgated in part 817 of this chapter have been adopted by the Office of Surface Mining Reclamation and Enforcement.
</P>
<P>(a)-(b) [Reserved]
</P>
<P>(c) <I>Interpretation of</I> § <I>816.22(e)—Topsoil Removal.</I> (1) Results of physical and chemical analyses of overburden and topsoil to demonstrate that the resulting soil medium is equal to or more suitable for sustaining revegetation than the available topsoil, provided that trials, and tests are certified by an approved laboratory in accordance with 30 CFR 816.22(e)(1)(ii), may be obtained from any one or a combination of the following sources:
</P>
<P>(i) U.S. Department of Agriculture Soil Conservation Service published data based on established soil series;
</P>
<P>(ii) U.S. Department of Agriculture Soil Conservation Service Technical Guides;
</P>
<P>(iii) State agricultural agency, university, Tennessee Valley Authority, Bureau of Land Management or U.S. Department of Agriculture Forest Service published data based on soil series properties and behavior, or
</P>
<P>(iv) Results of physical and chemical analyses, field site trials, or greenhouse tests of the topsoil and overburden materials (soil series) from the permit area.
</P>
<P>(2) If the operator demonstrates through soil survey or other data that the topsoil and unconsolidated material are insufficient and substitute materials will be used, only the substitute materials must be analyzed in accordance with 30 CFR 816.22(e)(1)(i).
</P>
<P>(d) <I>Interpretation of § 817.133: Postmining land use.</I> (1) The requirements of 30 CFR 784.15(a)(2), for approval of an alternative postmining land use, may be met by requesting approval through the permit revision procedures of 30 CFR 774.13 rather than requesting such approval through the permit application. The original permit application, however, must demonstrate that the land will be returned to its premining land use capability as required by 30 CFR 817.133(a).
</P>
<P>An application for a permit revision of this type, (i) must be submitted in accordance with the filing deadlines of 30 CFR 774.13, (ii) shall constitute a significant alteration from the mining operations contemplated by the original permit, and (iii) shall be subject to the requirements of 30 CFR part 773 and 775.
</P>
<P>(2) [Reserved] 
</P>
<CITA TYPE="N">[45 FR 26000, Apr. 16, 1980, as amended at 45 FR 39447, June 10, 1980; 45 FR 64908, Oct. 1, 1980; 45 FR 73946, Nov. 7, 1980; 48 FR 44781, Sept. 30, 1983; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="819" NODE="30:3.0.1.11.49" TYPE="PART">
<HEAD>PART 819—SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS-AUGER MINING
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 19322, Apr. 28, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 819.1" NODE="30:3.0.1.11.49.0.1.1" TYPE="SECTION">
<HEAD>§ 819.1   Scope.</HEAD>
<P>This part sets environmental protection performance standards for surface coal mining and reclamation operations involving auger mining.


</P>
</DIV8>


<DIV8 N="§ 819.11" NODE="30:3.0.1.11.49.0.1.2" TYPE="SECTION">
<HEAD>§ 819.11   Auger mining: General.</HEAD>
<P>(a) Auger mining operations shall be conducted in accordance with the requirements of part 816 of this chapter, except as provided in this part.
</P>
<P>(b) The regulatory authority may prohibit auger mining, if necessary to—
</P>
<P>(1) Maximize the utilization, recoverability, or conservation of the solid-fuel resource, or
</P>
<P>(2) Protect against adverse water-quality impacts.


</P>
</DIV8>


<DIV8 N="§ 819.13" NODE="30:3.0.1.11.49.0.1.3" TYPE="SECTION">
<HEAD>§ 819.13   Auger mining: Coal recovery.</HEAD>
<P>(a) Auger mining shall be conducted so as to maximize the utilization and conservation of the coal in accordance with § 816.59 of this chapter.
</P>
<P>(b) Auger mining shall be planned and conducted to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete.
</P>
<P>(c) Each person who conducts auger mining operations shall leave areas of undisturbed coal, as approved by the regulatory authority, to provide access for future underground mining activities to coal reserves remaining after augering is completed, unless it is established that the coal reserves have been depleted or are so limited in thickness or extent that it will not be practicable to recover the remaining coal. This determination shall be made by the regulatory authority upon presentation of appropriate technical evidence by the operator.


</P>
</DIV8>


<DIV8 N="§ 819.15" NODE="30:3.0.1.11.49.0.1.4" TYPE="SECTION">
<HEAD>§ 819.15   Auger mining: Hydrologic balance.</HEAD>
<P>(a) Auger mining shall be planned and conducted to minimize disturbances of the prevailing hydrologic balance in accordance with the requirements of §§ 816.41 and 816.42 of this chapter.
</P>
<P>(b) All auger holes, except as provided in paragraph (c) of this section, shall be—
</P>
<P>(1) Sealed within 72 hours after completion with an impervious and noncombustible material, if the holes are discharging water containing acid-or toxic-forming material. If sealing is not possible within 72 hours, the discharge shall be treated commencing within 72 hours after completion to meet applicable effluent limitations and water-quality standards until the holes are sealed; and
</P>
<P>(2) Sealed with an impervious noncombustible material, as contemporaneously as practicable with the augering operation, as approved by the regulatory authority, if the holes are not discharging water containing acid-or toxic-forming material.
</P>
<P>(c) Auger holes need not be sealed with an impervious material so as to prevent drainage if the regulatory authority determines that—
</P>
<P>(1) The resulting impoundment of water may create a hazard to the environment or public health or safety, and
</P>
<P>(2) The drainage from the auger holes will—
</P>
<P>(i) Not pose a threat of pollution to surface water, and
</P>
<P>(ii) Comply with the requirements of §§ 816.41 and 816.42 of this chapter.


</P>
</DIV8>


<DIV8 N="§ 819.17" NODE="30:3.0.1.11.49.0.1.5" TYPE="SECTION">
<HEAD>§ 819.17   Auger mining: Subsidence protection.</HEAD>
<P>Auger mining shall be conducted in accordance with the requirements of § 817.121 (a) and (c) of this chapter.


</P>
</DIV8>


<DIV8 N="§ 819.19" NODE="30:3.0.1.11.49.0.1.6" TYPE="SECTION">
<HEAD>§ 819.19   Auger mining: Backfilling and grading.</HEAD>
<P>(a) <I>General.</I> Auger mining shall be conducted in accordance with the backfilling and grading requirements of §§ 816.102 and 816.104 through 816.106 of this chapter.
</P>
<P>(b) <I>Remining.</I> Where auger mining operations affect previously mined areas that were not reclaimed to the standards of this chapter and the volume of all reasonably available spoil is demonstrated in writing to the regulatory authority to be insufficient to completely backfill the highwall, the highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:
</P>
<P>(1) The person who conducts the auger mining operation shall demonstrate to the regulatory authority that the backfill, designed by a qualified registered professional engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.
</P>
<P>(2) All spoil generated by the auger mining operation and any associated surface coal mining and reclamation operation, and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil shall include spoil generated by the mining operation and other spoil located in the permit area that is accessible and available for use and that when rehandled will not cause a hazard to the public safety or significant damage to the environment. For this purpose, the permit area shall include spoil in the immediate vicinity of the auger mining operation.
</P>
<P>(3) The coal seam mined shall be covered with a minimum of 4 feet of nonacid-, nontoxic-forming material and the backfill graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability.
</P>
<P>(4) Any remnant of the highwall shall be stable and not pose a hazard to the public health and safety or to the environment.
</P>
<P>(5) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.


</P>
</DIV8>


<DIV8 N="§ 819.21" NODE="30:3.0.1.11.49.0.1.7" TYPE="SECTION">
<HEAD>§ 819.21   Auger mining: Protection of underground mining.</HEAD>
<P>Auger holes shall not extend closer than 500 feet (measured horizontally) to any abandoned or active underground mine workings, except as approved in accordance with § 816.79 of this chapter.


</P>
</DIV8>

</DIV5>


<DIV5 N="820" NODE="30:3.0.1.11.50" TYPE="PART">
<HEAD>PART 820—SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—ANTHRACITE MINES IN PENNSYLVANIA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 102, 201, 501, 503, 504, 529, Pub. L. 95-97, 91 Stat. 448, 449, 467, 470, 471, 514 (30 U.S.C. 1202, 1211, 1251, 1253, 1254, 1279).


</PSPACE></AUTH>

<DIV8 N="§ 820.1" NODE="30:3.0.1.11.50.0.1.1" TYPE="SECTION">
<HEAD>§ 820.1   Scope.</HEAD>
<P>This part sets forth environmental protection performance standards for anthracite surface coal mining and reclamation operations in Pennsylvania.
</P>
<CITA TYPE="N">[44 FR 15449, Mar. 13, 1979]


</CITA>
</DIV8>


<DIV8 N="§ 820.2" NODE="30:3.0.1.11.50.0.1.2" TYPE="SECTION">
<HEAD>§ 820.2   Objective.</HEAD>
<P>This part implements subsection 529(a) of the Act, which requires the Secretary to adopt special performance standards for anthracite mines regulated by special environmental protection performance standards of a State as of the date of enactment of the Act.
</P>
<CITA TYPE="N">[44 FR 15449, Mar. 13, 1979]


</CITA>
</DIV8>


<DIV8 N="§ 820.11" NODE="30:3.0.1.11.50.0.1.3" TYPE="SECTION">
<HEAD>§ 820.11   Performance standards: Anthracite mines in Pennsylvania.</HEAD>
<P>Anthracite mines in Pennsylvania, as specified in section 529 of the Act, shall comply with its approved State program, including Commonwealth of Pennsylvania statutes and regulations, and revisions thereto that are approved by OSM pursuant to part 732 of this chapter.
</P>
<CITA TYPE="N">[47 FR 44943, Oct. 12, 1982]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="822" NODE="30:3.0.1.11.51" TYPE="PART">
<HEAD>PART 822—SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—OPERATIONS IN ALLUVIAL VALLEY FLOORS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 29822, June 28, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 822.1" NODE="30:3.0.1.11.51.0.1.1" TYPE="SECTION">
<HEAD>§ 822.1   Scope.</HEAD>
<P>This part sets forth additional requirements for surface coal mining and reclamation operations on or which affect alluvial valley floors in the arid and semiarid regions of the country.


</P>
</DIV8>


<DIV8 N="§ 822.10" NODE="30:3.0.1.11.51.0.1.2" TYPE="SECTION">
<HEAD>§ 822.10   Information collection.</HEAD>
<P>The information collection requirements contained in § 822.13 have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0049. The information is being collected to meet the requirements of sections 510(b)(5) and 515(b)(10)(F) of the Act which provide the information collection requirements and performance standards for alluvial valley floors. This information will be used to enable the regulatory authority to assess the impact of the proposed operation during the permanent regulatory program. The obligation to respond is mandatory.


</P>
</DIV8>


<DIV8 N="§ 822.11" NODE="30:3.0.1.11.51.0.1.3" TYPE="SECTION">
<HEAD>§ 822.11   Essential hydrologic functions.</HEAD>
<P>(a) The operator of a surface coal mining and reclamation operation shall minimize disturbances to the hydrologic balance by preserving throughout the mining and reclamation process the essential hydrologic functions of an alluvial valley floor not within the permit area.
</P>
<P>(b) The operator of a surface coal mining and reclamation operation shall minimize disturbances to the hydrologic balance within the permit area by reestablishing throughout the mining and reclamation process the essential hydrologic functions of alluvial valley floors.


</P>
</DIV8>


<DIV8 N="§ 822.12" NODE="30:3.0.1.11.51.0.1.4" TYPE="SECTION">
<HEAD>§ 822.12   Protection of agricultural activities.</HEAD>
<P>(a) <I>Prohibitions.</I> Surface coal mining and reclamation operations shall not: (1) Interrupt, discontinue, or preclude farming on alluvial valley floors; or (2) cause material damage to the quantity or quality of water in surface or underground water systems that supply alluvial valley floors.
</P>
<P>(b) <I>Statutory exclusions.</I> The prohibitions of paragraph (a) of this section shall not apply—
</P>
<P>(1) Where the premining land use of an alluvial valley floor is undeveloped rangeland which is not significant to farming;
</P>
<P>(2) Where farming on the alluvial valley floor that would be affected by the surface coal mining operation is of such small acreage as to be of negligible impact on the farm's agricultural production;
</P>
<P>(3) To any surface coal mining and reclamation operation that, in the year preceding August 3, 1977—
</P>
<P>(i) Produced coal in commercial quantities and was located within or adjacent to an alluvial valley floor; or
</P>
<P>(ii) Obtained specific permit approval by the State regulatory authority to conduct surface coal mining and reclamation operations within an alluvial valley floor; or 
</P>
<P>(4) To any land that is the subject of an application for renewal or revision of a permit issued pursuant to the Act which is an extension of the original permit, insofar as: (i) The land was previously identified in a reclamation plan submitted under either part 780 or 784 of this chapter, and (ii) the original permit area was excluded from the protection of paragraph (a) of this section for a reason set forth in paragraph (b)(3) of this section.


</P>
</DIV8>


<DIV8 N="§ 822.13" NODE="30:3.0.1.11.51.0.1.5" TYPE="SECTION">
<HEAD>§ 822.13   Monitoring.</HEAD>
<P>(a) A monitoring system shall be installed, maintained, and operated by the permittee on all alluvial valley floors during surface coal mining and reclamation operations and continued until all bonds are released in accordance with Subchapter J of this chapter. The monitoring system shall provide sufficient information to allow the regulatory authority to determine that—
</P>
<P>(1) The essential hydrologic functions of alluvial valley floors are being preserved outside the permit area or reestablished within the permit area throughout the mining and reclamation process in accordance with § 822.11;
</P>
<P>(2) Farming on lands protected under § 822.12 is not being interrupted, discontinued, or precluded; and
</P>
<P>(3) The operation is not causing material damage to the quantity or quality of water in the surface or underground systems that supply alluvial valley floors protected under § 822.12.
</P>
<P>(b) Monitoring shall be conducted at adequate frequencies to indicate long-term trends that could affect compliance with §§ 822.11 and 822.12.
</P>
<P>(c) All monitoring data collected and analyses thereof shall routinely be made available to the regulatory authority. 


</P>
</DIV8>

</DIV5>


<DIV5 N="823" NODE="30:3.0.1.11.52" TYPE="PART">
<HEAD>PART 823—SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—OPERATIONS ON PRIME FARMLAND
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>; Pub. L. 100-34.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 21463, May 12, 1983, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 823.1" NODE="30:3.0.1.11.52.0.1.1" TYPE="SECTION">
<HEAD>§ 823.1   Scope and purpose.</HEAD>
<P>This part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations on prime farmland. 


</P>
</DIV8>


<DIV8 N="§ 823.4" NODE="30:3.0.1.11.52.0.1.2" TYPE="SECTION">
<HEAD>§ 823.4   Responsibilities.</HEAD>
<P>(a) The U.S. Soil Conservation Service within each State shall establish specifications for prime farmland soil removal, storage, replacement, and reconstruction. 
</P>
<P>(b) The regulatory authority within each State shall use the soil-reconstruction specifications of paragraph (a) of this section to carry out its responsibilities under § 785.17 and subchapter J of this chapter.


</P>
</DIV8>


<DIV8 N="§ 823.11" NODE="30:3.0.1.11.52.0.1.3" TYPE="SECTION">
<HEAD>§ 823.11   Applicability.</HEAD>
<P>The requirements of this part shall not apply to— 
</P>
<P>(a) Coal preparation plants, support facilities, and roads of surface and underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of part 816 of this chapter for surface mining activities and of part 817 of this chapter for underground mining activities; 
</P>
<P>(b) Disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on non-prime farmland. The operator shall minimize the area of prime farmland used for such purposes.
</P>
<P>(c) Prime farmland that has been excluded in accordance with § 785.17(a) of this chapter. 
</P>
<CITA TYPE="N">[48 FR 21463, May 12, 1983, as amended at 53 FR 40839, Oct. 18, 1988]
</CITA>
<EFFDNOT>
<HED>Effective Date Note:</HED><PSPACE>At 50 FR 7278, Feb. 21, 1985, § 823.11, paragraph (a) was suspended “insofar as it excludes from the requirements of part 823 those coal preparation plants, support facilities, and roads that are surface mining activities”.</PSPACE></EFFDNOT>
</DIV8>


<DIV8 N="§ 823.12" NODE="30:3.0.1.11.52.0.1.4" TYPE="SECTION">
<HEAD>§ 823.12   Soil removal and stockpiling.</HEAD>
<P>(a) Prime farmland soils shall be removed from the areas to be disturbed before drilling, blasting, or mining. 
</P>
<P>(b) The minimum depth of soil and soil materials to be removed and stored for use in the reconstruction of prime farmland shall be sufficient to meet the requirements of § 823.14(b). 
</P>
<P>(c) Soil removal and stockpiling operations on prime farmland shall be conducted to— 
</P>
<P>(1) Separately remove the topsoil, or remove other suitable soil materials where such other soil materials will create a final soil having a greater productive capacity than that which exist prior to mining. If not utilized immediately, this material shall be placed in stockpiles separate from the spoil and all other excavated materials; and 
</P>
<P>(2) Separately remove the B or C soil horizon or other suitable soil material to provide the thickness of suitable soil required by § 823.14(b), except as approved by the regulatory authority where the B or C soil horizons would not otherwise be removed and where soil capabilities can be retained. If not utilized immediately, each horizon or other material shall be stockpiled separately from the spoil and all other excavated materials. Where combinations of such soil materials created by mixing have been shown to be equally or more favorable for plant growth than the B horizon, separate handling is not necessary. 
</P>
<P>(d) Stockpiles shall be placed within the permit area where they will not be disturbed or be subject to excessive erosion. If left in place for more than 30 days, stockpiles shall meet the requirements of § 816.22 or § 817.22 of this chapter.
</P>
<CITA TYPE="N">[48 FR 21463, May 12, 1983, as amended at 53 FR 40839, Oct. 18, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 823.14" NODE="30:3.0.1.11.52.0.1.5" TYPE="SECTION">
<HEAD>§ 823.14   Soil replacement.</HEAD>
<P>(a) Soil reconstruction specifications established by the U.S. Soil Conservation Service shall be based upon the standards of the National Cooperative Soil Survey and shall include, as a minimum, physical and chemical characteristics of reconstructed soils and soil descriptions containing soil-horizon depths, soil densities, soil pH, and other specifications such that reconstructed soils will have the capability of achieving levels of yield equal to, or higher than, those of nomined prime farmland in the surrounding area.
</P>
<P>(b) The minimum depth of soil and substitute soil material to be reconstructed shall be 48 inches, or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration, or a greater depth if determined necessary to restore the original soil productive capacity. Soil horizons shall be considered as inhibiting or preventing root penetration if their physical or chemical properties or water-supplying capacities cause them to restrict or prevent penetration by roots of plants common to the vicinity of the permit area and if these properties or capacities have little or no beneficial effect on soil productive capacity.
</P>
<P>(c) The operator shall replace and regrade the soil horizons or other root-zone material with proper compaction and uniform depth.
</P>
<P>(d) The operator shall replace the B horizon, C horizon, or other suitable material specified in § 823.12(c)(2) to the thickness needed to meet the requirements of paragraph (b) of this section. In those areas where the B or C horizons were not removed but may have been compacted or otherwise damaged during the mining operation, the operator shall engage in deep tilling or other appropriate means to restore pre-mining capabilities.
</P>
<P>(e) The operator shall replace the topsoil or other suitable soil materials specified in § 823.12(c)(1) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer, as determined by the soil survey.
</P>
<CITA TYPE="N">[48 FR 21463, May 12, 1983, as amended at 53 FR 40839, Oct. 18, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 823.15" NODE="30:3.0.1.11.52.0.1.6" TYPE="SECTION">
<HEAD>§ 823.15   Revegetation and restoration of soil productivity.</HEAD>
<P>(a) Following prime farmland soil replacement, the soil surface shall be stabilized with a vegetative cover or other means that effectively controls soil loss by wind and water erosion.
</P>
<P>(b) Prime farmland soil productivity shall be restored in accordance with the following provisions:
</P>
<P>(1) Measurement of soil productivity shall be initiated within 10 years after completion of soil replacement.
</P>
<P>(2) Soil productivity shall be measured on a representative sample or on all of the mined and reclaimed prime farmland area using the reference crop determined under paragraph (b)(6) of this section. A statistically valid sampling technique at a 90-percent or greater statistical confidence level shall be used as approved by the regulatory authority in consultation with the U.S. Soil Conservation Service.
</P>
<P>(3) The measurement period for determining average annual crop production (yield) shall be a minimum of 3 crop years prior to release of the operator's performance bond.
</P>
<P>(4) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.
</P>
<P>(5) Restoration of soil productivity shall be considered achieved when the average yield during the measurement period equals or exceeds the average yield of the reference crop established for the same period for nonmined soils of the same or similar texture or slope phase of the soil series in the surrounding area under equivalent management practices.
</P>
<P>(6) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.
</P>
<P>(7) Reference crop yields for a given crop season are to be determined from—
</P>
<P>(i) The current yield records of representative local farms in the surrounding area, with concurrence by the U.S. Soil Conservation Service; or
</P>
<P>(ii) The average county yields recognized by the U.S. Department of Agriculture, which have been adjusted by the U.S. Soil Conservation Service for local yield variation within the county that is associated with differences between nonmined prime farmland soil and all other soils that produce the reference crop.
</P>
<P>(8) Under either procedure in paragraph (b)(7) of this section, the average reference crop yield may be adjusted, with the concurrence of the U.S. Soil Conservation Service, for—
</P>
<P>(i) Disease, pest, and weather-induced seasonal variations; or
</P>
<P>(ii) Differences in specific management practices where the overall management practices of the crops being compared are equivalent. 


</P>
</DIV8>

</DIV5>


<DIV5 N="824" NODE="30:3.0.1.11.53" TYPE="PART">
<HEAD>PART 824—SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—MOUNTAINTOP REMOVAL 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 102, 201, 501, 503, 504, 506, 508, 510, 515, 517, 701 Pub. L. 95-87, 91 Stat. 448, 449, 467, 470, 471, 474, 478, 480, 486, 498, 516 (30 U.S.C. 1202, 1211, 1251, 1253, 1254, 1256, 1258, 1260, 1265, 1267, 1291).


</PSPACE></AUTH>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 55020, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 824 made effective on Jan. 19, 2017, at 81 FR 93445, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 824.1" NODE="30:3.0.1.11.53.0.1.1" TYPE="SECTION">
<HEAD>§ 824.1   Scope.</HEAD>
<P>This part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining activities constituting mountaintop removal mining.
</P>
<CITA TYPE="N">[44 FR 15452, Mar. 13, 1979]


</CITA>
</DIV8>


<DIV8 N="§ 824.2" NODE="30:3.0.1.11.53.0.1.2" TYPE="SECTION">
<HEAD>§ 824.2   Objectives.</HEAD>
<P>The objectives of this part are to—
</P>
<P>(a) Enhance coal recovery;
</P>
<P>(b) Reclaim the land to equal or higher postmining use; and
</P>
<P>(c) Protect and enhance environmental and other values protected under the Act and this chapter.


</P>
</DIV8>


<DIV8 N="§ 824.11" NODE="30:3.0.1.11.53.0.1.3" TYPE="SECTION">
<HEAD>§ 824.11   Mountaintop removal: Performance standards.</HEAD>
<P>(a) Under an approved regulatory program, surface coal mining activities may be conducted under a variance from the requirement of this subchapter for restoring affected areas to their approximate original contour, if—
</P>
<P>(1) The regulatory authority grants the variance under a permit, in accordance with 30 CFR 785.14;
</P>
<P>(2) The activities involve the mining of an entire coal seam running through the upper fraction of a mountain, ridge, or hill, by removing all of the overburden and creating a level plateau or gently rolling contour with no highwalls remaining;
</P>
<P>(3) An industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use is proposed and approved for the affected land;
</P>
<P>(4) The alternative land use requirements of § 816.133(a) through (c) of this chapter are met;
</P>
<P>(5) All applicable requirements of this subchapter and the regulatory program, other than the requirement to restore affected areas to their approximate original contour, are met;
</P>
<P>(6) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam, and its associated overburden, are retained to prevent slides and erosion, except that the regulatory authority may permit an exemption to the retention of the coal barrier requirement if the following conditions are satisfied:
</P>
<P>(i) The proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or
</P>
<P>(ii) A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of a head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier;
</P>
<P>(7) The final graded slopes on the mined area are less than 1<I>v:</I>5<I>h,</I> so as to create a level plateau or gently rolling configuration, and the outslopes of the plateau do not exceed 1<I>v:</I>2<I>h</I> except where engineering data substantiates, and the regulatory authority finds, in writing, and includes in the permit under 30 CFR 785.14, that a minimum static safety factor of 1.5 will be attained;
</P>
<P>(8) The resulting level or gently rolling contour is graded to drain inward from the outslope, except at specified points where it drains over the outslope in stable and protected channels. The drainage shall not be through or over a valley or head-of-hollow fill.
</P>
<P>(9) Natural watercourses below the lowest coal seam mined are not damaged;
</P>
<P>(10) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, are covered with non-toxic spoil to prevent pollution and achieve the approved postmining land use; and
</P>
<P>(11) Spoil is placed on the mountaintop bench as necessary to achieve the postmining land use approved under paragraphs (a)(3) and (a)(4) of this section. All excess spoil material not retained on the mountaintop shall be placed in accordance with 30 CFR 816.41 and 816.43 and 816.71 through 816.74. 
</P>
<CITA TYPE="N">[44 FR 15452, Mar. 13, 1979; 44 FR 49687, Aug. 24, 1979, as amended at 48 FR 39905, Sept. 1, 1983; 48 FR 44781, Sept. 30, 1983; 81 FR 93445, Dec. 20, 2016; 82 FR 55020, Nov. 17, 2017]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="825" NODE="30:3.0.1.11.54" TYPE="PART">
<HEAD>PART 825—SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—SPECIAL BITUMINOUS COAL MINES IN WYOMING
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 33432, Aug. 2, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 825.1" NODE="30:3.0.1.11.54.0.1.1" TYPE="SECTION">
<HEAD>§ 825.1   Scope.</HEAD>
<P>This part establishes requirements for certain bituminous surface coal mining activities located west of the 100th meridian west longitude in Wyoming which existed on January 1, 1972, and for surface coal mining activities immediately adjacent thereto which began development after August 3, 1977, in accordance with section 527 of the Act.


</P>
</DIV8>


<DIV8 N="§ 825.2" NODE="30:3.0.1.11.54.0.1.2" TYPE="SECTION">
<HEAD>§ 825.2   Special bituminous coal mines in Wyoming.</HEAD>
<P>Special bituminous coal mines in Wyoming, as specified in section 527 of the Act, shall comply with the approved State program, including Wyoming statutes and regulations, and revisions thereto.


</P>
</DIV8>

</DIV5>


<DIV5 N="827" NODE="30:3.0.1.11.55" TYPE="PART">
<HEAD>PART 827—PERMANENT PROGRAM PERFORMANCE STANDARDS—COAL PREPARATION PLANTS NOT LOCATED WITHIN THE PERMIT AREA OF A MINE
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.,</I> and Pub. L. 100-34.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 20401, May 5, 1983, unless otherwise noted.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 82 FR 55021, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 827 made effective on Jan. 19, 2017, at 81 FR 93445, Dec. 20, 2016.</PSPACE></EDNOTE>

<DIV8 N="§ 827.1" NODE="30:3.0.1.11.55.0.1.1" TYPE="SECTION">
<HEAD>§ 827.1   Scope.</HEAD>
<P>This part sets forth requirements for coal preparation plants operated in connection with a coal mine but outside the permit area for a specific mine.
</P>
<CITA TYPE="N">[53 FR 47391, Nov. 22, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 827.11" NODE="30:3.0.1.11.55.0.1.2" TYPE="SECTION">
<HEAD>§ 827.11   General requirements.</HEAD>
<P>Each person who operates a coal preparation plant subject to this part shall obtain a permit in accordance with § 785.21 of this chapter, obtain a bond in accordance with subchapter J of this chapter, and operate that plant in accordance with the requirements of this part.


</P>
</DIV8>


<DIV8 N="§ 827.12" NODE="30:3.0.1.11.55.0.1.3" TYPE="SECTION">
<HEAD>§ 827.12   Coal preparation plants: Performance standards.</HEAD>
<P>Except as provided in § 827.13 of this part, the construction, operation, maintenance, modification, reclamation, and removal activities at coal preparation plants shall comply with the following:
</P>
<P>(a) Signs and markers for the coal preparation plant, coal processing waste disposal area, and water-treatment facilities shall comply with § 816.11 of this chapter.
</P>
<P>(b) Any stream channel diversion shall comply with § 816.43 of this chapter.
</P>
<P>(c) Drainage from any disturbed area related to the coal preparation plant shall comply with §§ 816.45 through 816.47 of this chapter, and all discharges from these areas shall meet the requirements of §§ 816.41 and 816.42 of this chapter and any other applicable State or Federal law.
</P>
<P>(d) Permanent impoundments associated with coal preparation plants shall meet the requirements of §§ 816.49 and 816.56 of this chapter. Dams constructed of, or impounding, coal processing waste shall comply with § 816.84 of this chapter.
</P>
<P>(e) Disposal of coal processing waste, noncoal mine waste, and excess spoil shall comply with §§ 816.81, 816.83, 816.84, 816.87, 816.89, and 816.71 through 816.74 of this chapter, respectively.
</P>
<P>(f) Fish, wildlife, and related environmental values shall be protection in accordance with § 816.97 of this chapter.
</P>
<P>(g) Support facilities related to the coal preparation plant shall comply with § 816.181 of this chapter.
</P>
<P>(h) Roads shall comply with §§ 816.150 and 816.151 of this chapter.
</P>
<P>(i) Cessation of operations shall be in accordance with §§ 816.131 and 816.132 of this chapter.
</P>
<P>(j) Erosion and air pollution attendant to erosion shall be controlled in accordance with § 816.95 of this chapter.
</P>
<P>(k) Adverse effects upon, or resulting from, nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to, compliance with § 816.79 of this chapter.
</P>
<P>(l) Reclamation shall follow proper topsoil handling, backfilling and grading, revegetation, and postmining land use procedures in accordance with §§ 816.22, 816.100. 816.102, 816.104, 816.106, 816.111, 816.113, 816.114, 816.116, and 816.133 of this chapter, respectively.
</P>
<CITA TYPE="N">[48 FR 20401, May 5, 1983, as amended at 52 FR 17730, May 11, 1987; 81 FR 93445, Dec. 20, 2016; 82 FR 55021, Nov. 17, 2017]


</CITA>
</DIV8>


<DIV8 N="§ 827.13" NODE="30:3.0.1.11.55.0.1.4" TYPE="SECTION">
<HEAD>§ 827.13   Coal preparation plants: Interim performance standards.</HEAD>
<P>(a) Persons operating or who have operated coal preparation plants after July 6, 1984, which were not subject to this chapter before July 6, 1984, shall comply with the applicable interim or permanent program performance standards of the State in which such plants are located, as follows:
</P>
<P>(1) If located in a State in which either interim or permanent program performance standards apply to such plants, the applicable program standards of the State program shall apply;
</P>
<P>(2) If located in a State with a State program which must be amended in order to regulate such plants, the interim program performance standards in subchapter B of this chapter shall apply; and
</P>
<P>(3) If located in a State with a Federal program, all such plants shall be subject to the interim program performance standards in subchapter B of this chapter.
</P>
<P>(b) After a person described in paragraph (a) of this section obtains a permit to operate a coal preparation plant, the performance standards specified in § 827.12 shall be applicable to the operation of that plant instead of those specified in paragraph (a) of this section. 
</P>
<CITA TYPE="N">[52 FR 17730, May 11, 1987]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="828" NODE="30:3.0.1.11.56" TYPE="PART">
<HEAD>PART 828—SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS—IN SITU PROCESSING
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 102, 201, 501, 503, 504, 510, 515, 516, 517, 701; Pub. L. 95-87, 91 Stat. 448, 449, 467, 470, 471, 480, 486, 498, 516 (30 U.S.C. 1202, 1211, 1251, 1253, 1254, 1260, 1265, 1266, 1267, 1291).


</PSPACE></AUTH>

<DIV8 N="§ 828.1" NODE="30:3.0.1.11.56.0.1.1" TYPE="SECTION">
<HEAD>§ 828.1   Scope.</HEAD>
<P>This part sets forth special environmental protection performance, reclamation and design standards for in situ processing activities.
</P>
<CITA TYPE="N">[44 FR 15455, Mar. 13, 1979]


</CITA>
</DIV8>


<DIV8 N="§ 828.2" NODE="30:3.0.1.11.56.0.1.2" TYPE="SECTION">
<HEAD>§ 828.2   Objectives.</HEAD>
<P>This part is intended to ensure that all in situ processing activities are conducted in a manner which preserves and enhances environmental values in accordance with the Act. This part provides additional performance, reclamation and design standards to reflect the nature of in situ processing.
</P>
<CITA TYPE="N">[44 FR 15455, Mar. 13, 1979]


</CITA>
</DIV8>


<DIV8 N="§ 828.11" NODE="30:3.0.1.11.56.0.1.3" TYPE="SECTION">
<HEAD>§ 828.11   In situ processing: Performance standards.</HEAD>
<P>(a) The person who conducts in situ processing activities shall comply with 30 CFR 817 and this section. 
</P>
<P>(b) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by: 
</P>
<P>(1) Avoiding discharge of fluids into holes or wells, other than as approved by the regulatory authority; 
</P>
<P>(2) Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the regulatory authority; 
</P>
<P>(3) Avoiding annular injection between the wall of the drill hole and the casing; and 
</P>
<P>(4) Preventing discharge of process fluid into surface waters. 
</P>
<P>(c) Each person who conducts in situ processing activities shall submit for approval as part of the application for permit under 30 CFR 785.22, and follow after approval, a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety. 
</P>
<P>(d) Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid: 
</P>
<P>(1) Horizontally beyond the affected area identified in the permit; and 
</P>
<P>(2) Vertically into overlying or underlying aquifers. 
</P>
<P>(e) Each person who conducts in situ processing activities shall restore the quality of affected ground water in the permit area and adjacent area, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.
</P>
<SECAUTH TYPE="N">(Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>) 
</SECAUTH>
<CITA TYPE="N">[44 FR 15455, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 828.12" NODE="30:3.0.1.11.56.0.1.4" TYPE="SECTION">
<HEAD>§ 828.12   In situ processing: Monitoring.</HEAD>
<P>(a) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the regulatory authority under 30 CFR 817.41, to measure changes in the quantity and quality of water in surface and ground water systems in the permit area and in adjacent areas. 
</P>
<P>(b) Air and water quality monitoring shall be conducted in accordance with monitoring programs approved by the regulatory authority as necessary according to appropriate Federal and State air and water quality standards.
</P>
<SECAUTH TYPE="N">(Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>) 
</SECAUTH>
<CITA TYPE="N">[44 FR 15455, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983; 48 FR 44781, Sept. 30, 1983]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="L" NODE="30:3.0.1.12" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER L—PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES


</HEAD>

<DIV5 N="840" NODE="30:3.0.1.12.57" TYPE="PART">
<HEAD>PART 840—STATE REGULATORY AUTHORITY: INSPECTION AND ENFORCEMENT
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.,</I> unless otherwise noted.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 35633, Aug. 16, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 840.1" NODE="30:3.0.1.12.57.0.1.1" TYPE="SECTION">
<HEAD>§ 840.1   Scope.</HEAD>
<P>This part sets forth the minimum requirements for the Secretary's approval of the provisions for inspection and enforcement by a State of surface coal mining and reclamation operations and of coal exploration operations which substantially disturb the natural land surface, where a State is the regulatory authority under an approved State program.


</P>
</DIV8>


<DIV8 N="§ 840.10" NODE="30:3.0.1.12.57.0.1.2" TYPE="SECTION">
<HEAD>§ 840.10   Information collection.</HEAD>
<P>(a) The collections of information contained in part 840 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.</I> and assigned clearance number 1029-0051. The information is being collected by States for use in assessing penalties as evidence in enforcement cases and as an inspection management record. The obligation to respond is required to obtain a benefit in accordance with 30 U.S.C. 1201 <I>et seq.</I>
</P>
<P>(b) Public reporting burden for this information is estimated to average 3.7 hours per response, including the time for the reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Information Collection Clearance Officer (MS-202), 1951 Constitution Ave, NW., Washington, DC 20240. 
</P>
<CITA TYPE="N">[59 FR 60883, Nov. 28, 1994, as amended at 75 FR 60276, Sept. 29, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 840.11" NODE="30:3.0.1.12.57.0.1.3" TYPE="SECTION">
<HEAD>§ 840.11   Inspections by State regulatory authority.</HEAD>
<P>(a) The State regulatory authority shall conduct an average of at least one partial inspection per month of each active surface coal mining and reclamation operation under its jurisdiction, and shall conduct such partial inspections of each inactive surface coal mining and reclamation operation under its jurisdiction as are necessary to ensure effective enforcement of the approved State program. A partial inspection is an on-site or aerial review of a person's compliance with some of the permit conditions and requirements imposed under an approved State program.
</P>
<P>(b) The State regulatory authority shall conduct an average of at least one complete inspection per calendar quarter of each active or inactive surface coal mining and reclamation operation under its jurisdiction. A complete inspection is an on-site review of a person's compliance with all permit conditions and requirements imposed under the State program, within the entire area disturbed or affected by the surface coal mining and reclamation operations.
</P>
<P>(c) The State regulatory authority shall conduct such inspections of coal explorations as are necessary to ensure compliance with the approved State program.
</P>
<P>(d)(1) Aerial inspections shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each surface coal mining and reclamation site inspected.
</P>
<P>(2) Any potential violation observed during an aerial inspection shall be investigated on site within three days: provided, that any indication of a condition, practice or violation constituting cause for the issuance of a cessation order under section 521(a)(2) of the Act shall be investigated on site immediately, <I>And provided further,</I> That an on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of paragraphs (a) and (b) of this section.
</P>
<P>(e) The inspections required under paragraphs (a), (b), (c) and (d) of this section shall:
</P>
<P>(1) Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, weekends, or holidays;
</P>
<P>(2) Occur without prior notice to the permittee or any agent or employee of such permittee, except for necessary on-site meetings; and 
</P>
<P>(3) Include the prompt filing of inspection reports adequate to enforce the requirements of the approved State program.
</P>
<P>(f) For the purposes of this section, an inactive surface coal mining and reclamation operation is one for which:
</P>
<P>(1) The State regulatory authority has secured from the permittee the written notice provided for under § 816.131(b) or § 817.131(b) of this chapter; or
</P>
<P>(2) Reclamation Phase II as defined at § 800.40 of this chapter has been completed and the liability of the permittee has been reduced by the State regulatory authority in accordance with the State program.
</P>
<P>(g) Abandoned site means a surface coal mining and reclamation operation for which the regulatory authority has found in writing that:
</P>
<P>(1) All surface and underground coal mining and reclamation activities at the site have ceased; 
</P>
<P>(2) The regulatory authority or the Office has issued at least one notice of violation or the initial program equivalent, and either: 
</P>
<P>(i) Is unable to serve the notice despite diligent efforts to do so; or 
</P>
<P>(ii) The notice was served and has progressed to a failure-to-abate cessation order or the initial program equivalent; 
</P>
<P>(3) The regulatory authority: 
</P>
<P>(i) Is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and 
</P>
<P>(ii) Is taking action pursuant to section 518(e), 518(f), 521(a)(4) or 521(c) of the Act or their regulatory program counterparts to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances it concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and 
</P>
<P>(4) Where the site is, or was, permitted and bonded:
</P>
<P>(i) The permit has either expired or been revoked; and
</P>
<P>(ii) The regulatory authority has initiated and is diligently pursuing forfeiture of, or has forfeited, any available performance bond. 
</P>
<P>(h) In lieu of the inspection frequency established in paragraphs (a) and (b) of this section, the regulatory authority shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar year. 
</P>
<P>(1) In selecting an alternate inspection frequency authorized under the paragraph above, the regulatory authority shall first conduct a complete inspection of the abandoned site and provide public notice under paragraph (h)(2) of this section. Following the inspection and public notice, the regulatory authority shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria: 
</P>
<P>(i) How the site meets each of the criteria under the definition of an abandoned site under paragraph (g) of this section and thereby qualifies for a reduction in inspection frequency; 
</P>
<P>(ii) Whether, and to what extent, there exist on the site impoundments, earthen structures or other conditions that pose, or may reasonably be expected to ripen into, imminent dangers to the health or safety of the public or significant environmental harms to land, air, or water resources; 
</P>
<P>(iii) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit; 
</P>
<P>(iv) The degree to which erosion and sediment control is present and functioning;
</P>
<P>(v) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools and other public or commercial buildings and facilities; 
</P>
<P>(vi) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with them; and 
</P>
<P>(vii) Based on a review of the complete and partial inspection report record for the site during at least the last two consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate. 
</P>
<P>(2) The public notice and opportunity to comment required under paragraph (h)(1) of this section shall be provided as follows:
</P>
<P>(i) The regulatory authority shall place a notice in the newspaper with the broadest circulation in the locality of the abandoned site providing the public with a 30-day period in which to submit written comments.
</P>
<P>(ii) The public notice shall contain the permittee's name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the bond status of the permit, the telephone number and address of the regulatory authority where written comments on the reduced inspection frequency may be submitted, and the closing date of the comment period.
</P>
<SECAUTH TYPE="N">(Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>) 
</SECAUTH>
<CITA TYPE="N">[47 FR 35633, Aug. 16, 1983, as amended at 48 FR 44781, Sept. 30, 1983; 53 FR 24882, June 30, 1988; 59 FR 60883, Nov. 28, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 840.12" NODE="30:3.0.1.12.57.0.1.4" TYPE="SECTION">
<HEAD>§ 840.12   Right of entry.</HEAD>
<P>(a) Within its jurisdiction, the State regulatory authority shall have authority that grants its representatives a right of entry to, upon, and through any coal exploration or surface coal mining and reclamation operation without advance notice upon presentation of appropriate credentials. No search warrant shall be required, except that a State may provide for its use with respect to entry into a building.
</P>
<P>(b) The State regulatory authority shall have authority that authorizes its representatives to inspect any monitoring equipment or method of exploration or operation and to have access to and copy any records required under the approved State program. This authority shall provide that the representatives may exercise such rights at reasonable times, without advance notice, upon presentation of appropriate credentials. No search warrant shall be required, except that a State may provide for its use with respect to entry into a building.


</P>
</DIV8>


<DIV8 N="§ 840.13" NODE="30:3.0.1.12.57.0.1.5" TYPE="SECTION">
<HEAD>§ 840.13   Enforcement authority.</HEAD>
<P>(a) The civil and criminal penalty provisions of each State program shall contain penalties which are no less stringent than those set forth in section 518 of the Act and shall be consistent with 30 CFR part 845.
</P>
<P>(b) The enforcement provisions of each State program shall contain sanctions which are no less stringent than those set forth in section 521 of the Act and shall be consistent with §§ 843.11, 843.12, 843.13, and subchapters G and J of this chapter.
</P>
<P>(c) The procedural requirements of each State program relating to the penalties and sanctions mentioned in paragraphs (a) and (b) of this section shall be the same as or similar to those provided in sections 518 and 521 of the Act, respectively, and consistent with parts 843 and 845 and subchapters G and J of this chapter.
</P>
<P>(d) Nothing in the Act or this part shall be construed as eliminating any additional enforcement rights or procedures which are available under State law to a State regulatory authority, but which are not specifically enumerated in sections 518 and 521 of the Act. 
</P>
<CITA TYPE="N">[47 FR 35633, Aug. 16, 1982, as amended at 59 FR 54356, Oct. 28, 1994; 75 FR 60276, Sept. 29, 2010]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For a document suspending § 840.13(a) in part, see 45 FR 51548, Aug. 4, 1980.</PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 840.14" NODE="30:3.0.1.12.57.0.1.6" TYPE="SECTION">
<HEAD>§ 840.14   Availability of records.</HEAD>
<P>(a) Each State regulatory authority shall make available to the Director, upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration approvals or surface coal mining and reclamation operations permits and all documents relating to inspection and enforcement actions.
</P>
<P>(b) Copies of all records, reports, inspection materials, or information obtained by the regulatory authority shall be made immediately available to the public in the area of mining until at least five years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation bond so that they are conveniently available to residents of that area, except—
</P>
<P>(1) As otherwise provided by Federal law; and
</P>
<P>(2) For information not required to be made available under §§ 772.15 and 773.6(d) of this chapter or paragraph (d) of this section.
</P>
<P>(c) The State regulatory authority shall ensure compliance with paragraph (b) by either:
</P>
<P>(1) Making copies of all records, reports, inspection materials, and other subject information available for public inspection at a Federal, State or local government office in the county where the mining is occurring or proposed to occur; or,
</P>
<P>(2) At the regulatory authority's option and expense, providing copies of subject information promptly by mail at the request of any resident of the area where the mining is occurring or is proposed to occur, <I>Provided,</I> That the regulatory authority shall maintain for public inspection, at a Federal, State or local government office in the county where the mining is occurring or proposed to occur, a description of the information available for mailing and the procedure for obtaining such information.
</P>
<P>(d) In order to protect preparation for hearings and enforcement proceedings, the Director and the State regulatory authority may enter into agreements regarding procedures for the special handling of investigative and enforcement reports and other such materials.
</P>
<SECAUTH TYPE="N">(Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>) 
</SECAUTH>
<CITA TYPE="N">[47 FR 35633, Aug. 16, 1982, as amended at 48 FR 44781, Sept. 30, 1983; 65 FR 79670, Dec. 19, 2000] 


</CITA>
</DIV8>


<DIV8 N="§ 840.15" NODE="30:3.0.1.12.57.0.1.7" TYPE="SECTION">
<HEAD>§ 840.15   Public participation.</HEAD>
<P>Each State program shall provide for public participation in enforcement of the State program consistent with that provided by 30 CFR parts 842, 843 and 845 and 43 CFR part 4.


</P>
</DIV8>


<DIV8 N="§ 840.16" NODE="30:3.0.1.12.57.0.1.8" TYPE="SECTION">
<HEAD>§ 840.16   Compliance conference.</HEAD>
<P>(a) The State program may provide for compliance conferences between a permittee and an authorized representative of the regulatory authority as described in paragraphs (b) through (e) of this section. 
</P>
<P>(b) A permittee may request an on-site compliance conference with an authorized representative of the regulatory authority to review the compliance status of any condition or practice proposed at any coal exploration or surface coal mining and reclamation operation. Any such conference shall not constitute an inspection within the meaning of section 517 of the Act and § 840.11. 
</P>
<P>(c) The State regulatory authority may accept or refuse any request to conduct a compliance conference under paragraph (b). 
</P>
<P>(d) The authorized representative at any compliance conference shall review such proposed conditions and practices in order to advise whether any such condition or practice may become a violation of any requirement of the Act, the approved State program, or any applicable permit or exploration approval. 
</P>
<P>(e) Neither the holding of a compliance conference under this section nor any opinion given by the authorized representative at such a conference shall affect: 
</P>
<P>(1) Any rights or obligations of the regulatory authority or of the permittee with respect to any inspection, notice of violation or cessation order, whether prior or subsequent to such compliance conference; or 
</P>
<P>(2) The validity of any notice of violation or cessation order issued with respect to any condition or practice reviewed at the compliance conference.


</P>
</DIV8>

</DIV5>


<DIV5 N="842" NODE="30:3.0.1.12.58" TYPE="PART">
<HEAD>PART 842—FEDERAL INSPECTIONS AND MONITORING
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 35635, Aug. 16, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 842.1" NODE="30:3.0.1.12.58.0.1.1" TYPE="SECTION">
<HEAD>§ 842.1   Scope.</HEAD>
<P>This part sets forth general procedures governing Federal inspections under the permanent regulatory program.




</P>
</DIV8>


<DIV8 N="§ 842.5" NODE="30:3.0.1.12.58.0.1.2" TYPE="SECTION">
<HEAD>§ 842.5   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 842.11" NODE="30:3.0.1.12.58.0.1.3" TYPE="SECTION">
<HEAD>§ 842.11   Federal inspections and monitoring.</HEAD>
<P>(a) Authorized representatives of the Secretary shall conduct inspections of surface coal mining and reclamation operations as necessary—
</P>
<P>(1) To monitor and evaluate the administration of approved State programs. Such monitoring and evaluation inspections shall be conducted jointly with the State regulatory authority where practical and where the State so requests;
</P>
<P>(2) To develop or enforce Federal programs and Federal lands programs;
</P>
<P>(3) To enforce those requirements and permit conditions imposed under a State program not being enforced by a State, under section 504(b) or section 521(b) of the Act, part 733 of this chapter, or as provided in this section; and
</P>
<P>(4) To determine whether any notice of violation or cessation order issued during an inspection authorized under this section has been complied with.
</P>
<P>(b)(1) An authorized representative of the Secretary must immediately conduct a Federal inspection:
</P>
<P>(i) When the authorized representative has reason to believe on the basis of any information readily available to him or her, from any source, including any information a citizen complainant or the relevant State regulatory authority submits (other than information resulting from a previous Federal inspection), that there exists a violation of the Act, this chapter, the State regulatory program, or any condition of a permit or an exploration approval, or that there exists any condition, practice, or violation that creates an imminent danger to the health or safety of the public or is causing or could reasonably be expected to cause a significant, imminent environmental harm to land, air, or water resources and—
</P>
<P>(ii)(A) There is no State regulatory authority or the Office is enforcing the State regulatory program under section 504(b) or 521(b) of the Act and part 733 of this chapter; or
</P>
<P>(B)(<I>1</I>) The authorized representative has notified the State regulatory authority of the possible violation and more than ten days have passed since notification, and the State regulatory authority has not taken appropriate action to cause the violation to be corrected or to show good cause for not doing so, or the State regulatory authority has not provided the authorized representative with a response. After receiving a response from the State regulatory authority, but before a Federal inspection, the authorized representative will determine in writing whether the standards for appropriate action or good cause have been satisfied. A State regulatory authority's failure to respond within ten days does not prevent the authorized representative from making a determination, and will constitute a waiver of the State regulatory authority's right to request review under paragraph (b)(1)(iii) of this section. Where appropriate, OSMRE may issue a single ten-day notice for substantively similar possible violations found on two or more permits, including two or more substantively similar possible violations identified in one or more citizen complaints.
</P>
<P>(<I>2</I>) For purposes of this subchapter, an action or response by a State regulatory authority that is not arbitrary, capricious, or an abuse of discretion under the state program shall be considered “appropriate action” to cause a violation to be corrected or “good cause” for failure to do so.
</P>
<P>(<I>3</I>) Appropriate action includes enforcement or other action authorized under the approved State program to cause the violation to be corrected. Appropriate action may include OSMRE and the State regulatory authority immediately and jointly initiating steps to implement corrective action to resolve any issue that the authorized representative and applicable Field Office Director identify as a State regulatory program issue, as defined in 30 CFR part 733.
</P>
<P>(<I>4</I>) Good cause includes:
</P>
<P>(<I>i</I>) The possible violation does not exist under the State regulatory program;
</P>
<P>(<I>ii</I>) The State regulatory authority has initiated an investigation into a possible violation and has determined that it requires a reasonable, specified additional amount of time to determine whether a violation exists. When analyzing the State regulatory authority's response for good cause, the authorized representative has discretion to determine how long the State regulatory authority should reasonably be given to complete its investigation of the possible violation and will communicate to the State regulatory authority the date by which the investigation must be completed. At the conclusion of the specified additional time, the authorized representative will re-evaluate the State regulatory authority's response including any additional information provided;
</P>
<P>(<I>iii</I>) The State regulatory authority demonstrates that it lacks jurisdiction over the possible violation under the State regulatory program;
</P>
<P>(<I>iv</I>) The State regulatory authority demonstrates that it is precluded from taking action on the possible violation because an administrative review body or court of competent jurisdiction has issued an order concluding that the possible violation does not exist or that the temporary relief standards of the State regulatory program counterparts to section 525(c) or 526(c) of the Act have been satisfied; or
</P>
<P>(<I>v</I>) Regarding abandoned sites, as defined in 30 CFR 840.11(g), the State regulatory authority is diligently pursuing or has exhausted all appropriate enforcement provisions of the State regulatory program.
</P>
<P>(C) The person supplying the information supplies adequate proof that an imminent danger to the public health and safety or a significant, imminent environmental harm to land, air or water resources exists and that the State regulatory authority has failed to take appropriate action.
</P>
<P>(iii) (A) The authorized representative shall immediately notify the state regulatory authority in writing when in response to a ten-day notice the state regulatory authority fails to take appropriate action to cause a violation to be corrected or to show good cause for such failure. If the State regulatory authority disagrees with the authorized representative's written determination, it may file a request, in writing, for informal review of that written determination by the Deputy Director. Such a request for informal review may be submitted to the appropriate OSMRE field office or to the office of the Deputy Director in Washington, DC The request must be received by OSMRE within 5 days from receipt of OSMRE's written determination.
</P>
<P>(B) Unless a cessation order is required under § 843.11, or unless the state regulatory authority has failed to respond to the ten-day notice, no Federal inspection action shall be taken or notice of violation issued regarding the ten-day notice until the time to request informal review as provided in § 842.11(b)(1)(iii)(A) has expired or, if informal review has been requested, until the Deputy Director has completed such review.
</P>
<P>(C) After reviewing the written determination of the authorized representative and the request for informal review submitted by the State regulatory authority, the Deputy Director shall, within 15 days, render a decision on the request for informal review. He shall affirm, reverse, or modify the written determination of the authorized representative. Should the Deputy Director decide that the State regulatory authority did not take appropriate action or show good cause, he shall immediately order a Federal inspection or reinspection. The Deputy Director shall provide to the State regulatory authority and to the permittee a written explanation of his decision, and if the ten-day notice resulted from a request for a Federal inspection under § 842.12 of this part, he shall send written notification of his decision to the person who made the request.
</P>
<P>(2) An authorized representative will have reason to believe that a violation, condition, or practice referred to in paragraph (b)(1)(i) of this section exists if the facts that a complainant alleges, or facts that are otherwise known to the authorized representative, constitute simple and effective documentation of the alleged violation, condition, or practice. In making this determination, the authorized representative will consider any information readily available to him or her, from any source, including any information a citizen complainant or the relevant State regulatory authority submits to the authorized representative.
</P>
<P>(c) The Office, when acting as the regulatory authority under a Federal program or a Federal lands program and when enforcing a State program, in whole or in part, pursuant to section 504(b) of section 521(b) of the Act and part 733 of this chapter, shall conduct inspections of all coal exploration and surface coal mining and reclamation operations under its jurisdiction. The Office shall—
</P>
<P>(1) With respect to active surface coal mining and reclamation operations:
</P>
<P>(i) Conduct an average of at least one partial inspection per month of each active surface coal mining and reclamation operation. A partial inspection is an on-site or aerial review of a person's compliance with some of the permit requirements and conditions imposed under an applicable program.
</P>
<P>(A) Aerial inspections shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each surface coal mining and reclamation site inspected.
</P>
<P>(B) Any potential violation observed during an aerial inspection shall be investigated on site within three calendar days: <I>Provided,</I> That any indication of a condition, practice or violation constituting cause for issuance of a cessation order under section 521(a)(2) shall be investigated on site immediately, <I>And provided further,</I> That an on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of paragraphs (a) and (b) of this section.
</P>
<P>(ii) Conduct an average of at least one complete inspection per calendar quarter of each active surface coal mining and reclamation operation. A complete inspection is an on-site review of a person's compliance with all permit conditions and requirements imposed under the applicable program within the entire area disturbed or affected by surface coal mining and reclamation operations.
</P>
<P>(2) With respect to inactive surface coal mining and reclamation operations:
</P>
<P>(i) Conduct an average of at least one complete inspection per calendar quarter of each inactive surface coal mining and reclamation operation; and
</P>
<P>(ii) Conduct such partial inspections of each inactive surface coal mining and reclamation operation as are necessary to ensure effective enforcement of the regulatory program and the Act.
</P>
<P>(iii) For purposes of this section, an inactive surface coal mining and reclamation operation is one for which—
</P>
<P>(A) The Office has secured from the permittee the written notice provided for under §§ 816.131(b) or 817.131(b) of this chapter; or,
</P>
<P>(B) Reclamation Phase II as defined at § 800.40 of this chapter has been completed.
</P>
<P>(3) With respect to coal exploration operations, conduct such inspections as are necessary to ensure compliance with the Act by those coal explorations which substantially disturb the natural land surface.
</P>
<P>(d) The inspections required under paragraphs (a), (b), and (c) of this section shall:
</P>
<P>(1) Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, weekends, or holidays;
</P>
<P>(2) Occur without prior notice to the permittee or any agent or employee of such permittee, except for necessary on-site meetings; and
</P>
<P>(3) Include the prompt filing of inspection reports adequate to enforce the requirements of the applicable program.
</P>
<P>(e) Abandoned site means a surface coal mining and reclamation operation for which the Office has found in writing that:
</P>
<P>(1) All surface and underground coal mining and reclamation activities at the site have ceased;
</P>
<P>(2) The Office has issued at least one notice of violation or the initial program equivalent, and either:
</P>
<P>(i) Is unable to serve the notice despite diligent efforts to do so; or
</P>
<P>(ii) The notice was served and has progressed to a failure-to-abate cessation order or the initial program equivalent;
</P>
<P>(3) The Office:
</P>
<P>(i) Is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and
</P>
<P>(ii) Is taking action pursuant to sections 518(e), 518(f), 521(a)(4) or 521(c) of the Act or their regulatory program counterparts to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances it concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and
</P>
<P>(4) Where the site is, or was, permitted or bonded:
</P>
<P>(i) The permit has either expired or been revoked; and
</P>
<P>(ii) The Office has initiated and is diligently pursuing forfeiture of, or has forfeited, any available performance bond.
</P>
<P>(f) In lieu of the inspection frequency established in paragraph (c) of this section, the office shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar-year.
</P>
<P>(1) In selecting an alternate inspection frequency authorized under the paragraph above, the office shall first conduct a complete inspection of the abandoned site and provide public notice under paragraph (f)(2) of this section. Following the inspection and public notice, the office shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria:
</P>
<P>(i) How the site meets each of the criteria under the definition of an abandoned site under paragraph (e) of this section and thereby qualifies for a reduction inspection frequency;
</P>
<P>(ii) Whether, and to what extent, there exist on the site impoundments, earthen structures or other conditions that pose, or may reasonably be expected to ripen into, imminent dangers to the health or safety of the public or significant environmental harms to land, air or water resources;
</P>
<P>(iii) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;
</P>
<P>(iv) The degree to which erosion and sediment control is present and functioning;
</P>
<P>(v) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools and other public or commercial buildings and facilities;
</P>
<P>(vi) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with time; and
</P>
<P>(vii) Based on a review of the complete and partial inspection report record for the site during at least the last two consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate.
</P>
<P>(2) The public notice and opportunity to comment required under paragraph (f)(1) of this section shall be provided as follows:
</P>
<P>(i) The office shall place a notice in the newspaper with the broadest circulation in the locality of the abandoned site providing the public with a 30-day period in which to submit written comments.
</P>
<P>(ii) The public notice shall contain the permittee's name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the bond status of the permit, the telephone number and address of the office where written comments on the reduced inspection frequency may be submitted, and the closing date of the comment period.
</P>
<SECAUTH TYPE="N">(Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>) 
</SECAUTH>
<CITA TYPE="N">[47 FR 35635, Aug. 16, 1982, as amended at 48 FR 44781, Sept. 30, 1983; 53 FR 24882, June 30, 1988; 53 FR 26744, July 14, 1988; 59 FR 60884, Nov. 28, 1994; 75 FR 60276, Sept. 29, 2010; 85 FR 75190, Nov. 24, 2020; 89 FR 24735, Apr. 9, 2024; 91 FR 7853, Feb. 19, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 842.12" NODE="30:3.0.1.12.58.0.1.4" TYPE="SECTION">
<HEAD>§ 842.12   Requests for Federal inspections.</HEAD>
<P>(a) Any person may request a Federal inspection under § 842.11(b) by providing to an authorized representative a signed, written statement (or an oral report followed by a signed written statement) setting forth information that, along with any other readily available information, may give the authorized representative reason to believe that a violation, condition, or practice referred to in § 842.11(b)(1)(i) exists at the surface mining site. The statement must also set forth the fact that the person has notified the State regulatory authority, if any, in writing, of the existence of the possible violation, condition, or practice, and the basis for the person's assertion that the State regulatory authority has not taken action with respect to the possible violation. The statement must set forth a phone number, address, and, if available, an email address where the person can be contacted.
</P>
<P>(b) The identity of any person supplying information to the Office relating to a possible violation or imminent danger or harm shall remain confidential with the Office, if requested by that person, unless that person elects to accompany the inspector on the inspection, or unless disclosure is required under the Freedom of Information Act (5 U.S.C. 552) or other Federal law.
</P>
<P>(c) If a Federal inspection is conducted as a result of information provided to the Office by a person as described in paragraph (a) of this section, the person shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the Secretary during the inspection. Such person has a right of entry to, upon and through the coal exploration or surface coal mining and reclamation operation about which he or she supplied information, but only if he or she is in the presence of and is under the control, direction and supervision of the authorized representative while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.
</P>
<P>(d) Within ten days of the Federal inspection or, if there is no Federal inspection, within 15 days of receipt of the person's written statement, the Office shall send the person the following.
</P>
<P>(1) If a Federal inspection was made, a description of the enforcement action taken, which may consist of copies of the Federal inspection report and all notices of violation and cessation orders issued as a result of the inspection, or an explanation of why no enforcement action was taken;
</P>
<P>(2) If no Federal inspection was conducted, an explanation of the reason why; and
</P>
<P>(3) An explanation of the person's right, if any, to informal review of the action or inaction of the Office under § 842.15.
</P>
<P>(e) The Office shall give copies of all materials in paragraphs (d)(1) and (d)(2) of this section within the time limits specified in those paragraphs to the person alleged to be in violation, except that the name of the person supplying information shall be removed unless disclosure of his or her identity is permitted under paragraph (b) of this section.
</P>
<CITA TYPE="N">[47 FR 35635, Aug. 16, 1982, as amended at 85 FR 75191, Nov. 24, 2020; 89 FR 24736, Apr. 9, 2024; 91 FR 7854, Feb. 19, 2026]


</CITA>
</DIV8>


<DIV8 N="§ 842.13" NODE="30:3.0.1.12.58.0.1.5" TYPE="SECTION">
<HEAD>§ 842.13   Right of entry.</HEAD>
<P>(a) Each authorized representative of the Secretary conducting a Federal inspection under § 842.11:
</P>
<P>(1) Shall have a right of entry to, upon, and through any coal exploration or surface coal mining and reclamation operation without advance notice or a search warrant, upon presentation of appropriate credentials;
</P>
<P>(2) May, at reasonable times and without delay, have access to and copy any records, and inspect any monitoring equipment or method of exploration or operation required under the applicable program; and,
</P>
<P>(3) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at the site.
</P>
<P>(b) No search warrant shall be required with respect to any activity under paragraph (a) of this section, except that a search warrant may be required for entry into a building.


</P>
</DIV8>


<DIV8 N="§ 842.14" NODE="30:3.0.1.12.58.0.1.6" TYPE="SECTION">
<HEAD>§ 842.14   Review of adequacy and completeness of inspections.</HEAD>
<P>Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Director or his or her designee in writing of any alleged failure on the part of the Office to make adequate and complete or periodic Federal inspections. The notification shall include sufficient information to create a reasonable belief that the regulations of this part are not being complied with and to demonstrate that the person is or may be adversely affected. The Director or his or her designee shall within 15 days of receipt of the notification determine whether adequate and complete or periodic inspections have been made. The Director or his or her designee shall furnish the complainant with a written statement of the reasons for such determination and the actions, if any, taken to remedy the noncompliance.


</P>
</DIV8>


<DIV8 N="§ 842.15" NODE="30:3.0.1.12.58.0.1.7" TYPE="SECTION">
<HEAD>§ 842.15   Review of decision not to inspect or enforce.</HEAD>
<P>(a) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the Director or his or her designee to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for Federal inspection under § 842.12. The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.
</P>
<P>(b) The Director or his or her designee shall conduct the review and inform the person, in writing, of the results of the review within 30 days of his or her receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the person who is or may be adversely affected shall not be disclosed unless confidentiality has been waived or disclosure is required under the Freedom of Information Act or other Federal law.
</P>
<P>(c) Informal review under this section shall not affect any right to formal review under section 525 of the Act or to a citizen's suit under section 520 of the Act.
</P>
<P>(d) Any determination made under paragraph (b) of this section shall constitute a decision of OSM within the meaning of 43 CFR 4.1281 and shall contain a right of appeal to the Office of Hearings and Appeals in accordance with 43 CFR part 4.


</P>
</DIV8>


<DIV8 N="§ 842.16" NODE="30:3.0.1.12.58.0.1.8" TYPE="SECTION">
<HEAD>§ 842.16   Availability of records.</HEAD>
<P>(a) Copies of all records, reports, inspection materials, or information obtained by the Office under Title V of the Act, this chapter, a Federal program or Federal lands program, and a State program being enforced by the Office under section 504(b) or 521(b) of the Act and part 733 of this chapter or §§ 842.11 or 842.12 shall be made immediately available to the public in the area of mining until at least five years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation bond so that they are conveniently available to residents of that area, except—
</P>
<P>(1) As otherwise provided by Federal law; and
</P>
<P>(2) For information not required to be made available under § 772.15, § 773.6(d), or § 840.14(d) of this chapter.
</P>
<P>(b) The Office shall ensure compliance with paragraph (a) of this section by either:
</P>
<P>(1) Making copies of all such records, reports, inspection materials, and other information available for public inspection at a Federal, State or local government office in the county where the mining is occurring or is proposed to occur; or
</P>
<P>(2) At the Office's option and expense, providing copies of such information promptly by mail at the request of any resident of the area where the mining is occurring or is proposed to occur, provided that the Office shall maintain for public inspection at a Federal, State, or local government office in the county where the mining is occurring or is proposed to occur a description of the information available for mailing and the procedure for obtaining such information.
</P>
<P>(c) Copies of documents and information required to be made available under paragraph (a) of this section shall be provided to the State regulatory authority, if any.
</P>
<SECAUTH TYPE="N">(Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>) 
</SECAUTH>
<CITA TYPE="N">[47 FR 35635, Aug. 16, 1982, as amended at 48 FR 44781, Sept. 30, 1983; 65 FR 79670, Dec. 19, 2000] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="843" NODE="30:3.0.1.12.59" TYPE="PART">
<HEAD>PART 843—FEDERAL ENFORCEMENT
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 35637, Aug. 16, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 843.1" NODE="30:3.0.1.12.59.0.1.1" TYPE="SECTION">
<HEAD>§ 843.1   Scope.</HEAD>
<P>This part sets forth general rules regarding enforcement by the Office of the Act, this chapter, any Federal program, the Federal lands program, State programs being enforced by the Office in whole or in part under section 504(b) or 521(b) of the Act and part 733 of this chapter and (in limited circumstances) under § 842.11 or § 842.12 of this chapter, and all conditions of permits and coal exploration approvals or permits imposed under any of these programs, the Act, or this chapter.


</P>
</DIV8>


<DIV8 N="§ 843.5" NODE="30:3.0.1.12.59.0.1.2" TYPE="SECTION">
<HEAD>§ 843.5   Definitions.</HEAD>
<P>As used in this part, the following terms have the specified meanings: 
</P>
<P><I>Unwarranted failure to comply</I> means the failure of a permittee to prevent the occurrence of any violation of his or her permit or any requirement of the Act due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit of the Act due to indifference, lack of diligence, or lack of reasonable care. 
</P>
<CITA TYPE="N">[47 FR 35637, Aug. 16, 1982, as amended at 65 FR 79670, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 843.11" NODE="30:3.0.1.12.59.0.1.3" TYPE="SECTION">
<HEAD>§ 843.11   Cessation orders.</HEAD>
<P>(a)(1) An authorized representative of the Secretary shall immediately order a cessation of surface coal mining and reclamation operations or of the relevant portion thereof, if he or she finds, on the basis of any Federal inspection, any condition or practice, or any violation of the Act, this chapter, any applicable program, or any condition of an exploration approval or permit imposed under any such program, the Act, or this chapter which: 
</P>
<P>(i) Creates an imminent danger to the health or safety of the public; or 
</P>
<P>(ii) Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources. 
</P>
<P>(2) Surface coal mining operations conducted by any person without a valid surface coal mining permit constitute a condition or practice which causes or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources unless such operations:
</P>
<P>(i) Are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations; or 
</P>
<P>(ii) Were conducted lawfully without a permit under the interim regulatory program because no permit has been required for such operations by the State in which the operations were conducted. 
</P>
<P>(3) If the cessation ordered under paragraph (a)(1) of this section will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the Secretary shall impose affirmative obligations on the permittee to abate the imminent danger or significant environmental harm. The order shall specify the time by which abatement shall be accomplished. 
</P>
<P>(b)(1) When a notice of violation has been issued under § 843.12(a) and the permittee fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative, the authorized representative of the Secretary shall immediately order a cessation of coal exploration or surface coal mining and reclamation operations, or of the portion relevant to the violation. 
</P>
<P>(2) A cessation order issued under this paragraph (b) shall require the permittee to take all steps the authorized representative of the Secretary deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.
</P>
<P>(c) A cessation order issued under paragraphs (a) or (b) of this section shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity: (1) The nature of the condition, practice or violation; (2) the remedial action or affirmative obligation required, if any, including interim steps, if appropriate; (3) the time established for abatement, if appropriate; and (4) a reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation resulting in the issuance of the cessation order has been abated or until vacated, modified or terminated in writing by an authorized representative of the Secretary, or until the order expires pursuant to section 521(a)(5) of the Act and § 843.15.
</P>
<P>(d) Reclamation operations and other activities intended to protect public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.
</P>
<P>(e) An authorized representative of the Secretary may modify, terminate or vacate a cessation order for good cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the permittee.
</P>
<P>(f) An authorized representative of the Secretary shall terminate a cessation order by written notice to the permittee when he or she determines that all conditions, practices or violations listed in the order have been abated. Termination shall not affect the right of the Office to assess civil penalties for those violations under part 845 of this chapter.
</P>
<P>(g) Within 60 days after issuing a cessation order, OSM will notify in writing the permittee, the operator, and any person who has been listed or identified by the applicant, permittee, or OSM as an owner or controller of the operation, as defined in § 701.5 of this chapter. 
</P>
<CITA TYPE="N">[47 FR 35637, Aug. 16, 1982, as amended at 54 FR 8992, Mar. 2, 1989; 54 FR 13823, Apr. 5, 1989; 62 FR 19461, Apr. 21, 1997; 65 FR 79670, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 843.12" NODE="30:3.0.1.12.59.0.1.4" TYPE="SECTION">
<HEAD>§ 843.12   Notices of violation.</HEAD>
<P>(a)(1) An authorized representative of the Secretary shall issue a notice of violation if, on the basis of a Federal inspection carried out during the enforcement of a Federal program or Federal lands program or during Federal enforcement of a State program under section 504(b) or 521(b) of the Act and part 733 of this chapter, he finds a violation of the Act, this chapter, the applicable program or any condition of a permit or an exploration approval imposed under such program, the Act, or this Chapter, which does not create an imminent danger or harm for which a cessation order must be issued under § 843.11.
</P>
<P>(2) When, on the basis of any Federal inspection other than one described in paragraph (a)(1) of this section, an authorized representative of the Secretary determines that there exists a violation of the Act, the State program, or any condition of a permit or exploration approval required by the Act which does not create an imminent danger or harm for which a cessation order must be issued under § 843.11, the authorized representative shall give a written report of the violation to the State and to the permittee so that appropriate action can be taken by the State. Where the State fails within ten days after notification to take appropriate action to cause the violation to be corrected, or to show good cause for such failure, subject to the procedures of § 842.11(b)(1)(iii) of this chapter, the authorized representative shall reinspect and, if the violation continues to exist, shall issue a notice of violation or cessation order, as appropriate. No additional notification to the State by the Office is required before the issuance of a notice of violation if previous notification was given under § 842.11(b)(1)(ii)(B) of this chapter.
</P>
<P>(b) A notice of violation issued under this section shall be in writing signed by the authorized representative who issues it, and shall set forth with reasonable specificity:
</P>
<P>(1) The nature of the violation;
</P>
<P>(2) The remedial action required, which may include interim steps;
</P>
<P>(3) A reasonable time for abatement, which may include time for accomplishment of interim steps; and
</P>
<P>(4) A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies.
</P>
<P>(c) An authorized representative of the Secretary may extend the time set for abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the permittee. The total time for abatement under a notice of violation, including all extensions, shall not exceed 90 days from the date of issuance, except upon a showing by the permittee that it is not feasible to abate the violation within 90 calendar days due to one or more of the circumstances in paragraph (f) of this section. An extended abatement date pursuant to this section shall not be granted when the permittee's failure to abate within 90 days has been caused by a lack of diligence or intentional delay by the permittee in completing the remedial action required.
</P>
<P>(d)(1) If the permittee fails to meet the time set for abatement the authorized representative shall issue a cessation order under § 843.11(b).
</P>
<P>(2) If the permittee fails to meet the time set for accomplishment of any interim step the authorized representative may issue a cessation order under § 843.11(b).
</P>
<P>(e) An authorized representative of the Secretary shall terminate a notice of violation by written notice to the permittee when he determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the Office to assess civil penalties for those violations under 30 CFR part 845.
</P>
<P>(f) Circumstances which may qualify a surface coal mining operation for an abatement period of more than 90 days are:
</P>
<P>(1) Where the permittee of an ongoing permitted operation has timely applied for and diligently pursued a permit renewal or other necessary approval of designs or plans but such permit or approval has not been or will not be issued within 90 days after a valid permit expires or is required, for reasons not within the control of the permittee;
</P>
<P>(2) Where there is a valid judicial order precluding abatement within 90 days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;
</P>
<P>(3) Where the permittee cannot abate within 90 days due to a labor strike;
</P>
<P>(4) Where climatic conditions preclude abatement within 90 days, or where, due to climatic conditions, abatement within 90 days clearly would cause more environmental harm than it would prevent; or
</P>
<P>(5) Where abatement within 90 days requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act of 1977.
</P>
<P>(g) Whenever an abatement time in excess of 90 days is permitted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.
</P>
<P>(h) If any of the conditions in paragraph (f) of this section exists, the permittee may request the authorized representative to grant an abatement period exceeding 90 days. The authorized representative shall not grant such an abatement period without the concurrence of the Director or his or her designee and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he or she is entitled to an extension under the provisions of § 843.12(c) and (f). In determining whether or not to grant an abatement period exceeding 90 days the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the request. The authorized representative's immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his or her concurrence or disapproval in the file.
</P>
<P>(i) Any determination made under paragraph (h) of this section shall contain a right of appeal to the Office of Hearings and Appeals in accordance with 43 CFR 4.1281 and the regulations at 43 CFR part 4.
</P>
<P>(j) No extension granted under paragraph (h) of this section may exceed 90 days in length. Where the condition or circumstance which prevented abatement within 90 days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of paragraph (h) of this section.
</P>
<CITA TYPE="N">[47 FR 35637, Aug. 16, 1982, as amended at 53 FR 26744, July 14, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 843.13" NODE="30:3.0.1.12.59.0.1.5" TYPE="SECTION">
<HEAD>§ 843.13   Suspension or revocation of permits: Pattern of violations.</HEAD>
<P>(a)(1) The Director shall issue an order to a permittee requiring him or her to show cause why his or her permit and right to mine under the Act should not be suspended or revoked, if the Director determines that a pattern of violations of any requirements of the Act, this chapter, the applicable program, or any permit condition required by the Act exists or has existed, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage. The Director shall promptly file a copy of any order to show cause with the Office of Hearings and Appeals and the State regulatory authority, if any.
</P>
<P>(2) The Director may determine that a pattern of violations exists or has existed, based upon two or more Federal inspections of the permit area within any 12-month period, after considering the circumstances, including:
</P>
<P>(i) The number of violations, cited on more than one occasion, of the same or related requirements of the Act, this chapter, the applicable program, or the permit;
</P>
<P>(ii) The number of violations, cited on more than one occasion, of different requirements of the Act, this chapter, the applicable program, or the permit; and
</P>
<P>(iii) The extent to which the violations were isolated departures from lawful conduct.
</P>
<P>(3) The Director shall promptly review the history of violations of any permittee who has been cited for violations of the same or related requirements of the Act, this chapter, the applicable program, or the permit during three or more Federal inspections of the permit area within any 12-month period. If, after such review, the Director determines that a pattern of violations exists or has existed, he or she shall issue an order to show cause as provided in paragraph (a)(1) of this section.
</P>
<P>(4)(i) In determining the number of violations within any 12-month period, the Director shall consider only violations issued as a result of a Federal inspection carried out—
</P>
<P>(A) During enforcement of a Federal program or a Federal lands program;
</P>
<P>(B) During the interim program and before the applicable State program was approved pursuant to section 502 or 504 of the Act; or
</P>
<P>(C) During Federal enforcement of a State program in accordance with section 504(b) or 521(b) of the Act.
</P>
<P>(ii) The Director may not consider violations issued as a result of inspections other than those mentioned in paragraph (a)(4)(i) of this section in determining whether to exercise his or her discretion under paragraph (a)(2) of this section, except as evidence of the willful or unwarranted nature of the permittee's failure to comply.
</P>
<P>(b) If the permittee files an answer to the show cause order and requests a hearing under 43 CFR part 4, a public hearing shall be provided as set forth in that part. The Office of Hearings and Appeals shall give thirty days written notice of the date, time and place of the hearing to the Director, the permittee, the State regulatory authority, if any, and any intervenor. Upon receipt of the notice, the Director shall publish it, if practicable, in a newspaper of general circulation in the area of the surface coal mining and reclamation operations, and shall post it at the State or field office closest to those operations.
</P>
<P>(c) Within sixty days after the hearing, and within the time limits set forth in 43 CFR part 4, the Office of Hearings and Appeals shall issue a written determination as to whether a pattern of violations exists and, if appropriate, an order. If the Office of Hearings and Appeals revokes or suspends the permit and the permittee's right to mine under the Act, the permittee shall immediately cease surface coal mining operations on the permit area and shall:
</P>
<P>(1) If the permit and the right to mine under the Act are revoked, complete reclamation within the time specified in the order; or
</P>
<P>(2) If the permit and the right to mine under the Act are suspended, complete all affirmative obligations to abate all conditions, practices, or violations as specified in the order.
</P>
<P>(d) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the Director shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this section, and shall issue an order to show cause as appropriate pursuant to § 845.15(b)(2) of this chapter.


</P>
</DIV8>


<DIV8 N="§ 843.14" NODE="30:3.0.1.12.59.0.1.6" TYPE="SECTION">
<HEAD>§ 843.14   Service of notices of violation, cessation orders, and show cause orders.</HEAD>
<P>(a) A notice of violation, cessation order, or show cause order shall be served on the person to whom it is directed or his or her designated agent promptly after issuance, as follows:
</P>
<P>(1) By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry, appears to be in charge. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.
</P>
<P>(2) As an alternative to paragraph (a)(1) of this section, service may be made by sending a copy of the notice or order by certified mail or by hand to the permittee or his or her designated agent, or by any means consistent with the rules governing service of a summons and complaint under rule 4 of the Federal Rules of Civil Procedure. Service shall be complete upon tender of the notice or order or of the certified mail and shall not be deemed incomplete because of refusal to accept.
</P>
<P>(b) Designation by any person of an agent for service of notices and orders shall be made in writing to the appropriate State or field office of the Office.
</P>
<P>(c) The Office shall furnish copies of notices and orders to the State regulatory authority, if any, promptly after their issuance. The Office may furnish copies to any person having an interest in the coal exploration, surface coal mining and reclamation operation, or the permit area.
</P>
<CITA TYPE="N">[47 FR 35637, Aug. 16, 1982, as amended at 56 FR 28445, June 20, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 843.15" NODE="30:3.0.1.12.59.0.1.7" TYPE="SECTION">
<HEAD>§ 843.15   Informal public hearing.</HEAD>
<P>(a) Except as provided in paragraphs (b) and (c) of this section, a notice of violation or cessation order which requires cessation of mining, expressly or by necessary implication, shall expire within 30 days after it is served unless an informal public hearing has been held within that time. The hearing shall be held at or reasonably close to the mine site so that it may be viewed during the hearing or at any other location acceptable to the Office and the person to whom the notice or order was issued. The Office of Surface Mining office nearest to the mine site shall be deemed to be reasonably close to the mine site unless a closer location is requested and agreed to by the Office. Expiration of a notice or order shall not affect the Office's right to assess civil penalties with respect to the period during which the notice or order was in effect. No hearing will be required where the condition, practice, or violation in question has been abated or the hearing has been waived. For purposes of this section only, “mining” includes (1) extracting coal from the earth or from coal waste piles and transporting it within or from the permit area, and (2) the processing, cleaning, concentrating, preparing or loading of coal where such operations occur at a place other than at a mine site.
</P>
<P>(b) A notice of violation or cessation order shall not expire as provided in paragraph (a) of this section if the informal public hearing has been waived, or if, with the consent of the person to whom the notice or order was issued, the informal public hearing is held later than 30 days after the notice or order was served. For purposes of this subsection:
</P>
<P>(1) The informal public hearing will be deemed waived if the person to whom the notice or order was issued:
</P>
<P>(i) Is informed, by written notice served in the manner provided in paragraph (b)(2) of this section, that he or she will be deemed to have waived an informal public hearing unless he or she requests one within 30 days after service of the notice; and
</P>
<P>(ii) Fails to request an informal public hearing within that time.
</P>
<P>(2) The written notice referred to in paragraph (b)(1)(i) of this section shall be delivered to such person by an authorized representative or sent by certified mail to such person no later than 5 days after the notice or order is served on such person.
</P>
<P>(3) The person to whom the notice or order is issued shall be deemed to have consented to an extension of the time for holding the informal public hearing if his or her request is received on or after the 21st day after service of the notice or order. The extension of time shall be equal to the number of days elapsed after the 21st day.
</P>
<P>(c) The Office shall give as much advance notice as is practicable of the time, place, and subject matter of the informal public hearing to:
</P>
<P>(1) The person to whom the notice or order was issued;
</P>
<P>(2) Any person who filed a report which led to that notice or order; and
</P>
<P>(3) The State regulatory authority, if any.
</P>
<P>(d) The Office shall also post notice of the hearing at the State or field office closest to the mine site and, where practicable, publish it in a newspaper of general circulation in the area of the mine.
</P>
<P>(e) Section 554 of Title 5 of the United States Code, regarding requirements for formal adjudicatory hearings, shall not govern informal public hearings. An informal public hearing shall be conducted by a representative of the Office, who may accept oral or written arguments and any other relevant information from any person attending.
</P>
<P>(f) Within five days after the close of the informal public hearing, the Office shall affirm, modify, or vacate the notice or order in writing. The decision shall be sent to—
</P>
<P>(1) The person to whom the notice or order was issued;
</P>
<P>(2) Any person who filed a report which led to the notice or order; and
</P>
<P>(3) The State regulatory authority, if any.
</P>
<P>(g) The granting or waiver of an informal public hearing shall not affect the right of any person to formal review under section 518(b), 521(a)(4), or 525 of the Act.
</P>
<P>(h) The person conducting the hearing for the Office shall determine whether or not the mine site should be viewed during the hearing. In making this determination the only consideration shall be whether a view of the mine site will assist the person conducting the hearing in reviewing the appropriateness of the enforcement action or of the required remedial action.


</P>
</DIV8>


<DIV8 N="§ 843.16" NODE="30:3.0.1.12.59.0.1.8" TYPE="SECTION">
<HEAD>§ 843.16   Formal review of citations.</HEAD>
<P>(a) A person issued a notice of violation or cessation order under § 843.11 or § 843.12, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation or termination of a notice or order, may request review of that action by filing an application for review and request for hearing under 43 CFR part 4, within 30 days after receiving notice of the action.
</P>
<P>(b) The filing of an application for review and request for a hearing under this section shall not operate as a stay of any notice or order, or of any modification, termination or vacation of either.


</P>
</DIV8>


<DIV8 N="§ 843.17" NODE="30:3.0.1.12.59.0.1.9" TYPE="SECTION">
<HEAD>§ 843.17   Failure to give notice and lack of information.</HEAD>
<P>No notice of violation, cessation order, show cause order, or order revoking or suspending a permit may be vacated for failure to give the notice to the State regulatory authority required under § 842.11(b)(1)(ii)(B) of this chapter or because it is subsequently determined that the Office did not have information sufficient, under §§ 842.11(b)(1) and 842.11(b)(2) of this chapter, to justify an inspection.


</P>
</DIV8>


<DIV8 N="§ 843.18" NODE="30:3.0.1.12.59.0.1.10" TYPE="SECTION">
<HEAD>§ 843.18   Inability to comply.</HEAD>
<P>(a) No cessation order or notice of violation issued under this part may be vacated because of inability to comply.
</P>
<P>(b) Inability to comply may not be considered in determining whether a pattern of violations exists.
</P>
<P>(c) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under part 845 of this chapter and of the duration of the suspension of a permit under § 843.13(c).


</P>
</DIV8>


<DIV8 N="§ 843.20" NODE="30:3.0.1.12.59.0.1.11" TYPE="SECTION">
<HEAD>§ 843.20   Compliance conference.</HEAD>
<P>(a) A permittee may request an on-site compliance conference with an authorized representative to review the compliance status of any condition or practice proposed at any coal exploration or surface coal mining and reclamation operation. Any such conference shall not constitute an inspection within the meaning of section 517 of the Act and § 842.11.
</P>
<P>(b) The Office may accept or refuse any request to conduct a compliance conference under paragraph (a). Where the Office accepts such a request, reasonable notice of the scheduled date and time of the compliance conference shall be given to the permittee.
</P>
<P>(c) The authorized representative at any compliance conference shall review such proposed conditions and practices as the permittee may request in order to determine whether any such condition or practice may become a violation of any requirement of the Act of any applicable permit or exploration approval.
</P>
<P>(d) Neither the holding of a compliance conference under this section nor any opinion given by the authorized representative at such a conference shall affect:
</P>
<P>(1) Any rights or obligations of the Office or of the permittee with respect to any inspection, notice of violation or cessation order, whether prior or subsequent to such conference; or 
</P>
<P>(2) The validity of any notice of violation or cessation order issued with respect to any condition or practice reviewed at the compliance conference. 


</P>
</DIV8>


<DIV8 N="§ 843.22" NODE="30:3.0.1.12.59.0.1.12" TYPE="SECTION">
<HEAD>§ 843.22   Enforcement actions at abandoned sites.</HEAD>
<P>The Office may refrain from issuing a notice of violation or cessation order for a violation at an abandoned site, as defined in § 842.11(e) of this chapter, if abatement of the violation is required under any previously issued notice or order.
</P>
<CITA TYPE="N">[53 FR 24882, June 30, 1988] 


</CITA>
</DIV8>


<DIV8 N="§ 843.25" NODE="30:3.0.1.12.59.0.1.13" TYPE="SECTION">
<HEAD>§ 843.25   Energy Policy Act enforcement in States with approved State programs.</HEAD>
<P>(a) <I>State-by-State determinations.</I> By July 31, 1995, OSM will determine for each State with an approved State regulatory program whether:
</P>
<P>(1) Direct Federal enforcement of the Energy Policy Act and implementing Federal regulations will occur under paragraph (b) of this section with respect to some or all surface coal mining operations in each State, or 
</P>
<P>(2) The procedures of §§ 843.11 and 843.12(a)(2) will apply to State enforcement of the Energy Policy Act, or
</P>
<P>(3) A combination of direct Federal enforcement and State enforcement will occur. 
</P>
<P>(4) Before making this determination, OSM will consult with each affected State and provide an opportunity for public comment. OSM will publish its determination in the <E T="04">Federal Register.</E> 
</P>
<P>(b) <I>Interim Federal enforcement.</I> (1) If OSM determines under paragraph (a) that direct Federal enforcement is necessary, §§ 817.41(j), 817.121(c)(2), and 817.121(c)(4) of this chapter will apply to each underground mining operation subject to that determination that is conducted in a State with an approved State regulatory program. 
</P>
<P>(2) If OSM determines under paragraph (a) of this section that direct Federal enforcement is necessary, the provisions of § 843.12(a)(2) will not apply to direct Federal enforcement actions under this paragraph (b). When, on the basis of any Federal inspection under this paragraph, an authorized representative determines that a violation of § 817.41(j) or § 817.121(c)(2) exists, the authorized representative must issue a notice of violation or cessation order, as appropriate.
</P>
<P>(3) This paragraph (b) will remain effective in a State with an approved State regulatory program until the State adopts, and OSM approves, under part 732 of this chapter, provisions consistent with §§ 817.41(j) and 817.121(c)(2) of this chapter. After these provisions are approved, this paragraph will remain effective only for violations of §§ 817.41(j) and 817.121(c)(2) that are not regulated by the State regulatory authority. 
</P>
<CITA TYPE="N">[60 FR 16750, Mar. 31, 1995]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="845" NODE="30:3.0.1.12.60" TYPE="PART">
<HEAD>PART 845—CIVIL PENALTIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>28 U.S.C. 2461, 30 U.S.C. 1201 <I>et seq.,</I> 31 U.S.C. 3701, Pub. L. 100-202, and Pub. L. 100-446.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 35640, Aug. 16, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 845.1" NODE="30:3.0.1.12.60.0.1.1" TYPE="SECTION">
<HEAD>§ 845.1   Scope.</HEAD>
<P>This part covers the assessment of civil penalties under section 518 of the Act with respect to cessation orders and notices of violation issued under part 843 (Federal Enforcement), except for the assessment of individual civil penalties under section 518(f), which is covered in part 846. 
</P>
<CITA TYPE="N">[53 FR 3675, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 845.2" NODE="30:3.0.1.12.60.0.1.2" TYPE="SECTION">
<HEAD>§ 845.2   Objective.</HEAD>
<P>Civil penalties are assessed under section 518 of the Act and this part to deter violations and to ensure maximum compliance with the terms and purposes of the Act on the part of the coal mining industry.


</P>
</DIV8>


<DIV8 N="§ 845.11" NODE="30:3.0.1.12.60.0.1.3" TYPE="SECTION">
<HEAD>§ 845.11   How assessments are made.</HEAD>
<P>The Office shall review each notice of violation and cessation order in accordance with the assessment procedures described in 30 CFR 845.12, 845.13, 845.14, 845.15, and 845.16 to determine whether a civil penalty will be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.


</P>
</DIV8>


<DIV8 N="§ 845.12" NODE="30:3.0.1.12.60.0.1.4" TYPE="SECTION">
<HEAD>§ 845.12   When penalty will be assessed.</HEAD>
<P>(a) The Office shall assess a penalty for each cessation order.
</P>
<P>(b) The Office shall assess a penalty for each notice of violation, if the violation is assigned 31 points or more under the point system described in 30 CFR 845.13.
</P>
<P>(c) The Office may assess a penalty for each notice of violation assigned 30 points or less under the point system described in 30 CFR 845.13. In determining whether to assess a penalty, the Office shall consider the factors listed in 30 CFR 845.13(b).


</P>
</DIV8>


<DIV8 N="§ 845.13" NODE="30:3.0.1.12.60.0.1.5" TYPE="SECTION">
<HEAD>§ 845.13   Point system for penalties.</HEAD>
<P>(a) The Office shall use the point system described in this section to determine the amount of the penalty and, in the case of notices of violation, whether a mandatory penalty should be assessed as provided in 30 CFR 845.12(b).
</P>
<P>(b) Points shall be assigned as follows:
</P>
<P>(1) <I>History of previous violations.</I> The Office shall assign up to 30 points based on the history of previous violations. One point shall be assigned for each past violation contained in a notice of violation. Five points shall be assigned for each violation (but not a condition or practice) contained in a cessation order. The history of previous violations, for the purpose of assigning points, shall be determined and the points assigned with respect to a particular coal exploration or surface coal mining operation. Points shall be assigned as follows:
</P>
<P>(i) A violation shall not be counted, if the notice or order is the subject of pending administrative or judicial review or if the time to request such review or to appeal any administrative or judicial decision has not expired, and thereafter it shall be counted for only one year.
</P>
<P>(ii) No violation for which the notice or order has been vacated shall be counted; and
</P>
<P>(iii) Each violation shall be counted without regard to whether it led to a civil penalty assessment.
</P>
<P>(2) <I>Seriousness.</I> The Office shall assign up to 30 points based on the seriousness of the violation, as follows:
</P>
<P>(i) <I>Probability of occurrence.</I> The Office shall assign up to 15 points based on the probability of the occurrence of the event which a violated standard is designed to prevent. Points shall be assessed according to the following schedule:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Probability of Occurrence
</TH><TH class="gpotbl_colhed" scope="col">Points
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">None</TD><TD align="right" class="gpotbl_cell">0
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Insignificant</TD><TD align="right" class="gpotbl_cell">1-4
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Unlikely</TD><TD align="right" class="gpotbl_cell">5-9
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Likely</TD><TD align="right" class="gpotbl_cell">10-14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Occurred</TD><TD align="right" class="gpotbl_cell">15</TD></TR></TABLE></DIV></DIV>
<P>(ii) <I>Extent of potential or actual damage.</I> The Office shall assign up to 15 points, based on the extent of the potential or actual damage, in terms of area and impact on the public or environment, as follows:
</P>
<P>(A) If the damage or impact which the violated standard is designed to prevent would remain within the coal exploration or permit area, the Office shall assign zero to seven points, depending on the duration and extent of the damage or impact.
</P>
<P>(B) If the damage or impact which the violated standard is designed to prevent would extend outside the coal exploration or permit area, the Office shall assign eight to fifteen points, depending on the duration and extent of the damage or impact
</P>
<P>(iii) <I>Alternative.</I> In the case of a violation of an administrative requirement, such as a requirement to keep records, the Office shall, in lieu of paragraphs (b)(2) (i) and (ii), assign up to 15 points for seriousness, based upon the extent to which enforcement is obstructed by the violation.
</P>
<P>(3) <I>Negligence.</I> (i) The Office shall assign up to 25 points based on the degree of fault of the person to whom the notice or order was issued in causing or failing to correct the violation, condition, or practice which led to the notice or order, either through act or omission. Points shall be assessed as follows:
</P>
<P>(A) A violation which occurs through no negligence shall be assigned no penalty points for negligence;
</P>
<P>(B) A violation which is caused by negligence shall be assigned 12 points or less, depending on the degree of negligence;
</P>
<P>(C) A violation which occurs through a greater degree of fault than negligence shall be assigned 13 to 25 points, depending on the degree of fault. 
</P>
<P>(ii) In determining the degree of negligence involved in a violation and the number of points to be assigned, the following definitions apply: 
</P>
<P>(A) <I>No negligence</I> means an inadvertent violation which was unavoidable by the exercise of reasonable care. 
</P>
<P>(B) <I>Negligence</I> means the failure of a permittee to prevent the occurrence of any violation of his or her permit or any requirement of the Act or this Chapter due to indifference, lack or diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the Act due to indifference, lack of diligence, or lack of reasonable care. 
</P>
<P>(C) <I>A greater degree of fault than negligence</I> means reckless, knowing, or intentional conduct. 
</P>
<P>(iii) In calculating points to be assigned for negligence, the acts of all persons working on the coal exploration or surface coal mining and reclamation site shall be attributed to the person to whom the notice or order was issued, unless that person establishes that they were acts of deliberate sabotage. 
</P>
<P>(4) Good faith in attempting to achieve compliance. 
</P>
<P>(i) The Office shall add points based on the degree of good faith of the person to whom the notice or order was issued in attempting to achieve rapid compliance after notification of the violation. Points shall be assigned as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Degree of good faith
</TH><TH class="gpotbl_colhed" scope="col">Points
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Rapid compliance</TD><TD align="left" class="gpotbl_cell">−1 to −10.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Normal compliance</TD><TD align="left" class="gpotbl_cell">0.</TD></TR></TABLE></DIV></DIV>
<P>(ii) The following definitions shall apply under paragraph (b)(4)(i) of this section: 
</P>
<P>(A) Rapid compliance means that the person to whom the notice or order was issued took extraordinary measures to abate the violation in the shortest possible time and that abatement was achieved before the time set for abatement. 
</P>
<P>(B) Normal compliance means the person to whom the notice or order was issued abated the violation within the time given for abatement. 
</P>
<P>(iii) If the consideration of this criterion is impractical because of the length of the abatement period, the assessment may be made without considering this criterion and may be reassessed after the violation has been abated. 


</P>
</DIV8>


<DIV8 N="§ 845.14" NODE="30:3.0.1.12.60.0.1.6" TYPE="SECTION">
<HEAD>§ 845.14   Determination of amount of penalty.</HEAD>
<P>The Office shall determine the amount of any civil penalty by converting the total number of points assigned under 30 CFR 845.13 to a dollar amount, according to the following schedule:
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Table 1 to § 845.14
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Points
</TH><TH class="gpotbl_colhed" scope="col">Dollars
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">84
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">168
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">252
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">335
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5</TD><TD align="right" class="gpotbl_cell">421
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">504
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7</TD><TD align="right" class="gpotbl_cell">588
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8</TD><TD align="right" class="gpotbl_cell">668
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">9</TD><TD align="right" class="gpotbl_cell">755
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">10</TD><TD align="right" class="gpotbl_cell">840
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">11</TD><TD align="right" class="gpotbl_cell">922
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">12</TD><TD align="right" class="gpotbl_cell">1,008
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">13</TD><TD align="right" class="gpotbl_cell">1,089
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">14</TD><TD align="right" class="gpotbl_cell">1,175
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">15</TD><TD align="right" class="gpotbl_cell">1,262
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">16</TD><TD align="right" class="gpotbl_cell">1,343
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">17</TD><TD align="right" class="gpotbl_cell">1,427
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">18</TD><TD align="right" class="gpotbl_cell">1,513
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">19</TD><TD align="right" class="gpotbl_cell">1,595
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">20</TD><TD align="right" class="gpotbl_cell">1,679
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">21</TD><TD align="right" class="gpotbl_cell">1,765
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">22</TD><TD align="right" class="gpotbl_cell">1,848
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">23</TD><TD align="right" class="gpotbl_cell">1,931
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">24</TD><TD align="right" class="gpotbl_cell">2,014
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">25</TD><TD align="right" class="gpotbl_cell">2,098
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">26</TD><TD align="right" class="gpotbl_cell">2,519
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">27</TD><TD align="right" class="gpotbl_cell">2,938
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">28</TD><TD align="right" class="gpotbl_cell">3,356
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">29</TD><TD align="right" class="gpotbl_cell">3,619
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">30</TD><TD align="right" class="gpotbl_cell">4,197
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">31</TD><TD align="right" class="gpotbl_cell">4,616
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">32</TD><TD align="right" class="gpotbl_cell">5,038
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">33</TD><TD align="right" class="gpotbl_cell">5,457
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">34</TD><TD align="right" class="gpotbl_cell">5,878
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">35</TD><TD align="right" class="gpotbl_cell">6,296
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">36</TD><TD align="right" class="gpotbl_cell">6,717
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">37</TD><TD align="right" class="gpotbl_cell">7,137
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">38</TD><TD align="right" class="gpotbl_cell">7,556
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">39</TD><TD align="right" class="gpotbl_cell">7,975
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">40</TD><TD align="right" class="gpotbl_cell">8,395
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">41</TD><TD align="right" class="gpotbl_cell">8,817
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">42</TD><TD align="right" class="gpotbl_cell">9,236
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">43</TD><TD align="right" class="gpotbl_cell">9,652
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">44</TD><TD align="right" class="gpotbl_cell">10,074
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">45</TD><TD align="right" class="gpotbl_cell">10,494
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">46</TD><TD align="right" class="gpotbl_cell">10,914
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">47</TD><TD align="right" class="gpotbl_cell">11,333
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">48</TD><TD align="right" class="gpotbl_cell">11,755
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">49</TD><TD align="right" class="gpotbl_cell">12,172
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">50</TD><TD align="right" class="gpotbl_cell">12,592
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">51</TD><TD align="right" class="gpotbl_cell">13,010
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">52</TD><TD align="right" class="gpotbl_cell">13,433
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">53</TD><TD align="right" class="gpotbl_cell">13,853
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">54</TD><TD align="right" class="gpotbl_cell">14,273
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">55</TD><TD align="right" class="gpotbl_cell">14,694
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">56</TD><TD align="right" class="gpotbl_cell">15,113
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">57</TD><TD align="right" class="gpotbl_cell">15,530
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">58</TD><TD align="right" class="gpotbl_cell">15,950
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">59</TD><TD align="right" class="gpotbl_cell">16,372
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">60</TD><TD align="right" class="gpotbl_cell">16,790
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">61</TD><TD align="right" class="gpotbl_cell">17,210
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">62</TD><TD align="right" class="gpotbl_cell">17,629
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">63</TD><TD align="right" class="gpotbl_cell">18,050
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">64</TD><TD align="right" class="gpotbl_cell">18,470
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">65</TD><TD align="right" class="gpotbl_cell">18,888
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">66</TD><TD align="right" class="gpotbl_cell">19,310
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">67</TD><TD align="right" class="gpotbl_cell">19,730
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">68</TD><TD align="right" class="gpotbl_cell">20,147
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">69</TD><TD align="right" class="gpotbl_cell">20,568
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">70</TD><TD align="right" class="gpotbl_cell">20,988</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[47 FR 35640, Aug. 16, 1982, as amended at 62 FR 63276, Nov. 28, 1997; 66 FR 58647, Nov. 21, 2001; 70 FR 70701, Nov. 22, 2005; 74 FR 34493, July 15, 2009; 79 FR 18447, Apr. 2, 2014; 81 FR 44541, July 8, 2016; 82 FR 9354, Feb. 6, 2017; 83 FR 10616, Mar. 12, 2018; 84 FR 10676, Mar. 22, 2019; 85 FR 20835, Apr. 15, 2020; 86 FR 29514, June 2, 2021; 87 FR 15886, Mar. 21, 2022; 88 FR 24336, Apr. 20, 2023; 89 FR 23911, Apr. 5, 2024; 90 FR 23442, June 3, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 845.15" NODE="30:3.0.1.12.60.0.1.7" TYPE="SECTION">
<HEAD>§ 845.15   Assessment of separate violations for each day.</HEAD>
<P>(a) The Office may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the Office shall consider the factors listed in 30 CFR 845.13 and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply. For any violation which continues for two or more days and which is assigned more than 70 points under § 845.13(b), the Office shall assess a penalty for a minimum of two separate days.
</P>
<P>(b) In addition to the civil penalty provided for in paragraph (a) of this section, whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order or as subsequently extended pursuant to section 521(a) of the Act, 30 U.S.C. 1271(a), a civil penalty of not less than $3,148 will be assessed for each day during which such failure to abate continues, except that:
</P>
<P>(1)(i) If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under section 525(c) of the Act, after a determination that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the Office of Hearings and Appeals issues a final order with respect to the violation in question; and
</P>
<P>(ii) If the person to whom the notice or order was issued initiates review proceedings under section 526 of the Act with respect to the violation, in which the obligations to abate are suspended by the court pursuant to section 526(c) of the Act, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court;
</P>
<P>(2) Such penalty for the failure to abate the violation shall not be assessed for more than 30 days for each such violation. If the permittee has not abated the violation within the 30-day period, the Office shall take appropriate action pursuant to section 518(e), 518(f), 521(a)(4), or 521(c) of the Act within 30 days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate.
</P>
<CITA TYPE="N">[47 FR 35640, Aug. 16, 1982, as amended at 62 FR 63277, Nov. 28, 1997; 66 FR 58647, Nov. 21, 2001; 70 FR 70701, Nov. 22, 2005; 81 FR 44541, July 8, 2016; 82 FR 9354, Feb. 6, 2017; 83 FR 10616, Mar. 12, 2018; 84 FR 10676, Mar. 22, 2019; 85 FR 20836, Apr. 15, 2020; 86 FR 29515, June 2, 2021; 87 FR 15886, Mar. 21, 2022; 88 FR 24336, Apr. 20, 2023; 89 FR 23911, Apr. 5, 2024; 90 FR 23442, June 3, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 845.16" NODE="30:3.0.1.12.60.0.1.8" TYPE="SECTION">
<HEAD>§ 845.16   Waiver of use of formula to determine civil penalty.</HEAD>
<P>(a) The Director, upon his own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in 30 CFR 845.13 to set the civil penalty, if he or she determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the Director shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, this chapter, any applicable program, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.
</P>
<P>(b) If the Director waives the use of the formula, he or she shall use the criteria set forth in 30 CFR 845.13(b) to determine the appropriate penalty. When the Director has elected to waive the use of the formula, he or she shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.


</P>
</DIV8>


<DIV8 N="§ 845.17" NODE="30:3.0.1.12.60.0.1.9" TYPE="SECTION">
<HEAD>§ 845.17   Procedures for assessment of civil penalties.</HEAD>
<P>(a) Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the Office and to the inspector who issued the notice of violation or cessation order. The Office shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.
</P>
<P>(b) The Office shall serve a copy of the proposed assessment and of the work sheet showing the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, or by any alternative means consistent with the rules governing service of a summons or complaint under rule 4 of the Federal Rules of Civil Procedure, within 30 days of the issuance of the notice or order.
</P>
<P>(1) If a copy of the proposed assessment and work sheet or the certified mail is tendered at the address of that person required under 30 CFR 816.11, or at any address at which that person is in fact located, and he or she refuses to accept delivery of or to collect such documents, the requirements of this paragraph shall be deemed to have been complied with upon such tender.
</P>
<P>(2) Failure by the Office to serve any proposed assessment within 30 days shall not be grounds for dismissal of all or part of such assessment unless the person against whom the proposed penalty has been assessed—
</P>
<P>(i) Proves actual prejudice as a result of the delay; and,
</P>
<P>(ii) Makes a timely objection to the delay. An objection shall be timely only if made in the normal course of administrative review.
</P>
<P>(c) Unless a conference has been requested, the Office shall review and reassess any penalty if necessary to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The Office shall serve a copy of any such reassessment and of the worksheet showing the computation of the reassessment in the manner provided in paragraph (b), within 30 days after the date the violation is abated.
</P>
<CITA TYPE="N">[47 FR 35640, Aug. 16, 1982, as amended at 56 FR 28446, June 20, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 845.18" NODE="30:3.0.1.12.60.0.1.10" TYPE="SECTION">
<HEAD>§ 845.18   Procedures for assessment conference.</HEAD>
<P>(a) The Office shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the person to whom the notice or order was issued, if the request is received within 30 days from the date the proposed assessment or reassessment is received. 
</P>
<P>(b)(1) The Office shall assign a conference officer to hold the assessment conference. The assessment conference shall not be governed by section 554 of title 5 of the United States Code, regarding requirements for formal adjudicatory hearings. The assessment conference shall be held within 60 days from the date the conference request is received or the end of the abatement period, whichever is later: <I>Provided,</I> That a failure by the Office to hold such conference within 60 days shall not be grounds for dismissal of all or part of an assessment unless the person against whom the proposed penalty has been assessed proves actual prejudice as a result of the delay. 
</P>
<P>(2) The Office shall post notice of the time and place of the conference at the State or field office closest to the mine at least 5 days before the conference. Any person shall have a right to attend and participate in the conference.
</P>
<P>(3) The conference officer shall consider all relevant information on the violation. Within 30 days after the conference is held, the conference officer shall either:
</P>
<P>(i) Settle the issues, in which case a settlement agreement shall be prepared and signed by the conference officer on behalf of the Office and by the person assessed; or
</P>
<P>(ii) Affirm, raise, lower, or vacate the penalty.
</P>
<P>(4) An increase or reduction of a proposed civil penalty assessment of more than 25 percent and more than $500 shall not be final and binding on the Secretary, until approved by the Director or his or her designee.
</P>
<P>(c) The conference officer shall promptly serve the person assessed with a notice of his or her action in the manner provided in 30 CFR 845.17(b) and shall include a worksheet if the penalty has been raised or lowered. The reasons for the conference officer's action shall be fully documented in the file.
</P>
<P>(d)(1) If a settlement agreement is entered into, the person assessed will be deemed to have waived all rights to further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a clause to this effect.
</P>
<P>(2) If full payment of the amount specified in the settlement agreement is not received by the Office within 30 days after the date of signing, the Office may enforce the agreement or rescind it and proceed according to paragraph (b)(3)(ii) within 30 days from the date of the rescission.
</P>
<P>(e) The conference officer may terminate the conference when he or she determines that the issues cannot be resolved or that the person assessed is not diligently working toward resolution of the issues. 
</P>
<P>(f) At formal review proceedings under sections 518, 521(a)(4), and 525 of the Act, no evidence as to statements made or evidence produced by one party at a conference shall be introduced as evidence by another party or to impeach a witness.
</P>
<CITA TYPE="N">[47 FR 35640, Aug. 16, 1982, as amended at 53 FR 3675, Feb. 8, 1988; 56 FR 10063, Mar. 8, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 845.19" NODE="30:3.0.1.12.60.0.1.11" TYPE="SECTION">
<HEAD>§ 845.19   Request for hearing.</HEAD>
<P>(a) The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition and an amount equal to the proposed penalty or, if a conference has been held, the reassessed or affirmed penalty to the Office of Hearings and Appeals (to be held in escrow as provided in paragraph (b) of this section) within 30 days from receipt of the proposed assessment or reassessment or 30 days from the date of service of the conference officer's action, whichever is later. The fact of the violation may not be contested if it has been decided in a review proceeding commenced under 30 CFR 843.16. 
</P>
<P>(b) The Office of Hearings and Appeals shall transfer all funds submitted under paragraph (a) of this section to the Office, which shall hold them in escrow pending completion of the administrative and judicial review process, at which time it shall disburse them as provided in 30 CFR 845.20.
</P>
<CITA TYPE="N">[47 FR 35640, Aug. 16, 1982, as amended at 56 FR 10063, Mar. 8, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 845.20" NODE="30:3.0.1.12.60.0.1.12" TYPE="SECTION">
<HEAD>§ 845.20   Final assessment and payment of penalty.</HEAD>
<P>(a) If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in § 845.19, the proposed assessment shall become a final order of the Secretary and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.
</P>
<P>(b) If any party requests judicial review of a final order of the Secretary, the proposed penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to paragraph (c) of this section, the escrowed funds shall be transferred to the Office in payment of the penalty, and the escrow shall end.
</P>
<P>(c) If the final decision in the administrative and judicial review results in an order reducing or eliminating the proposed penalty assessed under this part, the Office shall within 30 days of receipt of the order refund to the person assessed all or part of the escrowed amount, with interest from the date of payment into escrow to the date of the refund at the rate of 6 percent or at the prevailing Department of the Treasury rate, whichever is greater.
</P>
<P>(d) If the review results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the difference to the Office within 15 days after the order is mailed to such person.


</P>
</DIV8>


<DIV8 N="§ 845.21" NODE="30:3.0.1.12.60.0.1.13" TYPE="SECTION">
<HEAD>§ 845.21   Use of civil penalties for reclamation.</HEAD>
<P>(a) To the extent authorized in the applicable annual appropriations act or other relevant statute, the Director of OSMRE may utilize money collected by the United States pursuant to the assessment of civil penalties under section 518 of the Act for reclamation of lands adversely affected by coal mining practices after August 3, 1977, until such funds are expended. 
</P>
<P>(b) The Director may allocate funds at his discretion for reclamation projects on lands within any State or on Federal lands or Indian lands based on the following priorities:
</P>
<P>(1) Emergency projects as defined in § 700.5 of this chapter;
</P>
<P>(2) Reclamation projects which qualify as priority 1 under section 403 of the Act;
</P>
<P>(3) Reclamation Projects which qualify as priority 2 under section 403 of the Act; and
</P>
<P>(4) Reclamation of Federal bond forfeiture sites.
</P>
<P>(c) Notwithstanding paragraph (b) of this section, at his discretion, the Director may allocate funds for any other reclamation project which constitutes a danger to the environment or to the public health and safety.
</P>
<CITA TYPE="N">[53 FR 16017, May 4, 1988, as amended at 54 FR 19342, May 4, 1989; 73 FR 67631, Nov. 14, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="846" NODE="30:3.0.1.12.61" TYPE="PART">
<HEAD>PART 846—INDIVIDUAL CIVIL PENALTIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>28 U.S.C. 2461, 30 U.S.C. 1201 <I>et seq.,</I> and 31 U.S.C. 3701.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 3675, Feb. 8, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 846.1" NODE="30:3.0.1.12.61.0.1.1" TYPE="SECTION">
<HEAD>§ 846.1   Scope.</HEAD>
<P>This part covers the assessment of individual civil penalties under section 518(f) of the Act. 


</P>
</DIV8>


<DIV8 N="§ 846.12" NODE="30:3.0.1.12.61.0.1.2" TYPE="SECTION">
<HEAD>§ 846.12   When an individual civil penalty may be assessed.</HEAD>
<P>(a) Except as provided in paragraph (b) of this section, the Office may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal.
</P>
<P>(b) The Office shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the Office to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days. 


</P>
</DIV8>


<DIV8 N="§ 846.14" NODE="30:3.0.1.12.61.0.1.3" TYPE="SECTION">
<HEAD>§ 846.14   Amount of individual civil penalty.</HEAD>
<P>(a) In determining the amount of an individual civil penalty assessed under § 846.12, the Office shall consider the criteria specified in section 518(a) of the Act, including: 
</P>
<P>(1) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operation; 
</P>
<P>(2) The seriousness of the violation, failure or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and 
</P>
<P>(3) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal. 
</P>
<P>(b) The penalty will not exceed $20,988 for each violation.  Each day of a continuing violation may be deemed a separate violation and the Office may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the Secretary, until abatement or compliance is achieved.
</P>
<CITA TYPE="N">[53 FR 3675, Feb. 8, 1988, as amended at 62 FR 63277, Nov. 28, 1997; 70 FR 70701, Nov. 22, 2005; 74 FR 34493, July 15, 2009; 79 FR 18448, Apr. 2, 2014; 81 FR 44541, July 8, 2016; 82 FR 9354, Feb. 6, 2017; 83 FR 10616, Mar. 12, 2018; 84 FR 10676, Mar. 22, 2019; 85 FR 20836, Apr. 15, 2020; 86 FR 29515, June 2, 2021; 87 FR 15887, Mar. 21, 2022; 88 FR 24336, Apr. 20, 2023; 89 FR 23911, Apr. 5, 2024; 90 FR 23443, June 3, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 846.17" NODE="30:3.0.1.12.61.0.1.4" TYPE="SECTION">
<HEAD>§ 846.17   Procedure for assessment of individual civil penalty.</HEAD>
<P>(a) <I>Notice.</I> The Office shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order. 
</P>
<P>(b) <I>Final order and opportunity for review.</I> The notice of proposed individual civil penalty assessment shall become a final order of the Secretary 30 days after service upon the individual unless: 
</P>
<P>(1) The individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review with the Hearings Division, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Arlington, Virginia 22203 (Phone: 703-235-3800), in accordance with 43 CFR 4.1300 <I>et seq.;</I> or 
</P>
<P>(2) The Office and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal. 
</P>
<P>(c) <I>Service.</I> For purposes of this section, service shall be performed on the individual to be assessed an individual civil penalty, by certified mail, or by any alternative means consistent with the rules governing service of a summons and complaint under rule 4 of the Federal Rules of Civil Procedure. Service shall be complete upon tender of the notice of proposed assessment and included information or of the certified mail and shall not be deemed incomplete because of refusal to accept.
</P>
<CITA TYPE="N">[53 FR 3675, Feb. 8, 1988, as amended at 56 FR 28446, June 20, 1991; 67 FR 5204, Feb. 5, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 846.18" NODE="30:3.0.1.12.61.0.1.5" TYPE="SECTION">
<HEAD>§ 846.18   Payment of penalty.</HEAD>
<P>(a) <I>No abatement or appeal.</I> If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order. 
</P>
<P>(b) <I>Appeal.</I> If an individual named in a notice of proposed individual civil penalty assessment files a petition for review in accordance with 43 CFR 4.1300 <I>et seq.,</I> the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty. 
</P>
<P>(c) <I>Abatement agreement.</I> Where the Office and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the Office stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn. 
</P>
<P>(d) <I>Delinquent payment.</I> Following the expiration of 30 days after the issuance of a final order assessing an individual civil penalty, any delinquent penalty shall be subject to interest at the rate established by the U.S. Department of the Treasury for late charges on late payments to the Federal Government. The Treasury current value of funds rate is published by the Fiscal Service in the notices section of the <E T="04">Federal Register</E> and on Treasury's Web site. Interest on unpaid penalties will run from the date payment first was due until the date of payment. Failure to pay overdue penalties may result in one or more of the actions specified in § 870.23(a) through (f) of this chapter. Delinquent penalties are subject to late payment penalties specified in § 870.21(c) of this chapter and processing and handling charges specified in § 870.21(d) of this chapter. 
</P>
<CITA TYPE="N">[53 FR 3675, Feb. 8, 1988, as amended at 73 FR 67631, Nov. 14, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="847" NODE="30:3.0.1.12.62" TYPE="PART">
<HEAD>PART 847—ALTERNATIVE ENFORCEMENT
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>65 FR 79671, Dec. 19, 2000, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 847.1" NODE="30:3.0.1.12.62.0.1.1" TYPE="SECTION">
<HEAD>§ 847.1   Scope.</HEAD>
<P>This part governs the use of measures provided in sections 518(e), 518(g) and 521(c) of the Act for criminal penalties and civil actions to compel compliance with provisions of the Act. 


</P>
</DIV8>


<DIV8 N="§ 847.2" NODE="30:3.0.1.12.62.0.1.2" TYPE="SECTION">
<HEAD>§ 847.2   General provisions.</HEAD>
<P>(a) Whenever a court of competent jurisdiction enters a judgment against or convicts a person under these provisions, we must update AVS to reflect the judgment or conviction. 
</P>
<P>(b) The existence of a performance bond or bond forfeiture cannot be used as the sole basis for determining that an alternative enforcement action is unwarranted. 
</P>
<P>(c) Each State regulatory program must include provisions for civil actions and criminal penalties that are no less stringent than those in this part and include the same or similar procedural requirements. 
</P>
<P>(d) Nothing in this part eliminates or limits any additional enforcement rights or procedures available under Federal or State law. 


</P>
</DIV8>


<DIV8 N="§ 847.11" NODE="30:3.0.1.12.62.0.1.3" TYPE="SECTION">
<HEAD>§ 847.11   Criminal penalties.</HEAD>
<P>Under sections 518(e) and (g) of the Act, we, the regulatory authority, may request the Attorney General to pursue criminal penalties against any person who—
</P>
<P>(a) Willfully and knowingly violates a condition of the permit; 
</P>
<P>(b) Willfully and knowingly fails or refuses to comply with—
</P>
<P>(1) Any order issued under section 521 or 526 of the Act; or 
</P>
<P>(2) Any order incorporated into a final decision issued by the Secretary under the Act (except for those orders specifically excluded under section 518(e) of the Act); or 
</P>
<P>(c) Knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the regulatory program or any order or decision issued by the Secretary under the Act. 
</P>
<CITA TYPE="N">[65 FR 79671, Dec. 19, 2000, as amended at 72 FR 68031, Dec. 3, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 847.16" NODE="30:3.0.1.12.62.0.1.4" TYPE="SECTION">
<HEAD>§ 847.16   Civil actions for relief.</HEAD>
<P>(a) Under section 521(c) of the Act, we, the regulatory authority, may request the Attorney General to institute a civil action for relief whenever you, the permittee, or your agent—
</P>
<P>(1) Violate or fail or refuse to comply with any order or decision that we issue under the Act or regulatory program; 
</P>
<P>(2) Interfere with, hinder, or delay us in carrying out the provisions of the Act or its implementing regulations; 
</P>
<P>(3) Refuse to admit our authorized representatives onto the site of a surface coal mining and reclamation operation; 
</P>
<P>(4) Refuse to allow our authorized representatives to inspect a surface coal mining and reclamation operation; 
</P>
<P>(5) Refuse to furnish any information or report that we request under the Act or regulatory program; or 
</P>
<P>(6) Refuse to allow access to, or copying of, those records that we determine necessary to carry out the provisions of the Act and its implementing regulations. 
</P>
<P>(b) A civil action for relief includes a permanent or temporary injunction, restraining order, or any other appropriate order by a district court of the United States for the district in which the surface coal mining and reclamation operation is located or in which you have your principal office. 
</P>
<P>(c) Temporary restraining orders will be issued in accordance with Rule 65 of the Federal Rules of Civil Procedure, as amended. 
</P>
<P>(d) Any relief the court grants to enforce an order under paragraph (b) of this section will continue in effect until completion or final termination of all proceedings for review of that order under the Act or its implementing regulations unless, beforehand, the district court granting the relief sets aside or modifies the order.
</P>
<CITA TYPE="N">[65 FR 79671, Dec. 19, 2000, as amended at 72 FR 68031, Dec. 3, 2007]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="M" NODE="30:3.0.1.13" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER M—TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS 


</HEAD>

<DIV5 N="850" NODE="30:3.0.1.13.63" TYPE="PART">
<HEAD>PART 850—PERMANENT REGULATORY PROGRAM REQUIREMENTS—STANDARDS FOR CERTIFICATION OF BLASTERS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 9492, Mar. 4, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 850.1" NODE="30:3.0.1.13.63.0.1.1" TYPE="SECTION">
<HEAD>§ 850.1   Scope.</HEAD>
<P>This part establishes the requirements and the procedures applicable to the development of regulatory programs for training, examination, and certification of persons engaging in or directly responsible for the use of explosives in surface coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 850.5" NODE="30:3.0.1.13.63.0.1.2" TYPE="SECTION">
<HEAD>§ 850.5   Definition.</HEAD>
<P>As used in this part—
</P>
<P><I>Blaster</I> means a person directly responsible for the use of explosives in surface coal mining operations who is certified under this part.


</P>
</DIV8>


<DIV8 N="§ 850.10" NODE="30:3.0.1.13.63.0.1.3" TYPE="SECTION">
<HEAD>§ 850.10   Information collection.</HEAD>
<P>The information collection requirements contained in this part have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0080. The information is being collected to meet the requirements of sections 503, 515, and 719 of Pub. L. 95-87. This information will be used by the regulatory authority to assist in implementing the blaster certification program. The obligation to respond is mandatory.


</P>
</DIV8>


<DIV8 N="§ 850.12" NODE="30:3.0.1.13.63.0.1.4" TYPE="SECTION">
<HEAD>§ 850.12   Responsibility.</HEAD>
<P>(a) The regulatory authority is responsible for promulgating rules governing the training, examination, certification and enforcement of a blaster certification program for surface coal mining operations. When the regulatory authority is a State, the State shall submit these rules of the Office of Surface Mining for approval under parts 731 and 732 of this chapter.
</P>
<P>(b) The regulatory authority shall develop and adopt a program to examine and certify all persons who are directly responsible for the use of explosives in a surface coal mining operation within 12 months after approval of a State program or implementation of a Federal program or within 12 months after March 4, 1983 of this rule, whichever is later. The Director may approve an extension of the 12-month period upon a demonstration of good cause.
</P>
<CITA TYPE="N">[48 FR 9492, Mar. 4, 1983, as amended at 48 FR 44781, Sept. 30, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 850.13" NODE="30:3.0.1.13.63.0.1.5" TYPE="SECTION">
<HEAD>§ 850.13   Training.</HEAD>
<P>(a) The regulatory authority shall establish procedures which require that—
</P>
<P>(1) Persons seeking to become certified as blasters receive training including, but not limited to, the technical aspects of blasting operations and State and Federal laws governing the storage, transportation, and use of explosives; and 
</P>
<P>(2) Persons who are not certified and who are assigned to a blasting crew or assist in the use of explosives receive direction and on-the-job training from a blaster.
</P>
<P>(b) The regulatory authority shall ensure that courses are available to train persons responsible for the use of explosives in surface coal mining operations. The courses shall provide training and discuss practical applications of—
</P>
<P>(1) Explosives, including—
</P>
<P>(i) Selection of the type of explosive to be used;
</P>
<P>(ii) Determination of the properties of explosives which will produce desired results at an acceptable level of risk; and
</P>
<P>(iii) Handling, transportation, and storage;
</P>
<P>(2) Blast designs, including—
</P>
<P>(i) Geologic and topographic considerations;
</P>
<P>(ii) Design of a blast hole, with critical dimensions;
</P>
<P>(iii) Pattern design, field layout, and timing of blast holes; and
</P>
<P>(iv) Field applications;
</P>
<P>(3) Loading blastholes, including priming and boostering;
</P>
<P>(4) Initiation systems and blasting machines;
</P>
<P>(5) Blasting vibrations, airblast, and flyrock, including—
</P>
<P>(i) Monitoring techniques, and
</P>
<P>(ii) Methods to control adverse affects;
</P>
<P>(6) Secondary blasting applications;
</P>
<P>(7) Current Federal and State rules applicable to the use of explosives;
</P>
<P>(8) Blast records;
</P>
<P>(9) Schedules;
</P>
<P>(10) Preblasting surveys, including—
</P>
<P>(i) Availability,
</P>
<P>(ii) Coverage, and
</P>
<P>(iii) Use of in-blast design;
</P>
<P>(11) Blast-plan requirements;
</P>
<P>(12) Certification and training;
</P>
<P>(13) Signs, warning signals, and site control;
</P>
<P>(14) Unpredictable hazards, including—
</P>
<P>(i) Lightning,
</P>
<P>(ii) Stray currents,
</P>
<P>(iii) Radio waves, and
</P>
<P>(iv) Misfires.


</P>
</DIV8>


<DIV8 N="§ 850.14" NODE="30:3.0.1.13.63.0.1.6" TYPE="SECTION">
<HEAD>§ 850.14   Examination.</HEAD>
<P>(a) The regulatory authority shall ensure that candidates for blaster certification are examined by reviewing and verifying the—
</P>
<P>(1) Competence of persons directly responsible for the use of explosives in surface coal mining operations through a written examination in technical aspects of blasting and State and Federal laws governing the storage, use, and transportation of explosives; and
</P>
<P>(2) Practical field experience of the candidates as necessary to qualify a person to accept the responsibility for blasting operations in surface coal mining operations. Such experience shall demonstrate that the candidate possesses practical knowledge of blasting techniques, understands the hazards involved in the use of explosives, and otherwise has exhibited a pattern of conduct consistent with the acceptance of responsibility for blasting operations.
</P>
<P>(b) Applicants for blaster certification shall be examined, at a minimum, in the topics set forth in § 850.13(b).


</P>
</DIV8>


<DIV8 N="§ 850.15" NODE="30:3.0.1.13.63.0.1.7" TYPE="SECTION">
<HEAD>§ 850.15   Certification.</HEAD>
<P>(a) <I>Issuance of certification.</I> The regulatory authority shall certify for a fixed period those candidates examined and found to be competent and to have the necessary experience to accept responsibility for blasting operations in surface coal mining operations.
</P>
<P>(b) <I>Suspension and revocation.</I> (1) The regulatory authority, when practicable, following written notice and opportunity for a hearing, may, and upon a finding of willful conduct, shall suspend or revoke the certification of a blaster during the term of the certification or take other necessary action for any of the following reasons:
</P>
<P>(i) Noncompliance with any order of the regulatory authority.
</P>
<P>(ii) Unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs.
</P>
<P>(iii) Violation of any provision of the State or Federal explosives laws or regulations.
</P>
<P>(iv) Providing false information or a misrepresentation to obtain certification.
</P>
<P>(2) If advance notice and opportunity for hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following the suspension, revocation, or other adverse action.
</P>
<P>(3) Upon notice of a revocation, the blaster shall immediately surrender to the regulatory authority the revoked certificate.
</P>
<P>(c) <I>Recertification.</I> The regulatory authority may require the periodic reexamination, training, or other demonstration of continued blaster competency.
</P>
<P>(d) <I>Protection of certification.</I> Certified blasters shall take every reasonable precaution to protect their certificates from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the certifying authority.
</P>
<P>(e) <I>Conditions.</I> The regulatory authority shall specify conditions for maintaining certification which shall include the following:
</P>
<P>(1) A blaster shall immediately exhibit his or her certificate to any authorized representative of the regulatory authority or the Office upon request.
</P>
<P>(2) Blasters' certifications shall not be assigned or transferred.
</P>
<P>(3) Blasters shall not delegate their responsibility to any individual who is not a certified blaster.


</P>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="S N" NODE="30:3.0.1.14" TYPE="SUBCHAP">
<HEAD>SUBCHAPTERS N-O [RESERVED]


</HEAD>
</DIV4>


<DIV4 N="P" NODE="30:3.0.1.15" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER P—PROTECTION OF EMPLOYEES 


</HEAD>

<DIV5 N="865" NODE="30:3.0.1.15.64" TYPE="PART">
<HEAD>PART 865—PROTECTION OF EMPLOYEES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 201, 501, 502 and 703, Pub. L. 95-87, 91 Stat. 445 (30 U.S.C. 1201).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>42 FR 62712, Dec. 13, 1977, unless otherwise noted. Redesignated at 44 FR 15312, Mar. 13, 1979.


</PSPACE></SOURCE>

<DIV8 N="§ 865.1" NODE="30:3.0.1.15.64.0.1.1" TYPE="SECTION">
<HEAD>§ 865.1   Scope.</HEAD>
<P>This part establishes procedures regarding—
</P>
<P>(a) The reporting of acts of discriminatory discharge or other acts of discrimination under the Act caused by any person. Forms of discrimination include, but are not limited to: Firing, suspension, transfer or demotion, denial or reduction of wages and benefits, coercion by promises of benefits or threats of reprisal, and interference with the exercise of any rights afforded under the Act:
</P>
<P>(b) The investigation of applications for review and holding of informal conferences about the alleged discrimination; and
</P>
<P>(c) The request for formal hearings with the Office of Hearings and Appeals. 


</P>
</DIV8>


<DIV8 N="§ 865.11" NODE="30:3.0.1.15.64.0.1.2" TYPE="SECTION">
<HEAD>§ 865.11   Protected activity.</HEAD>
<P>(a) No person shall discharge or in any other way discriminate against or cause to be fired or discriminated against any employee or any authorized representative of employees because that employee or representative has—
</P>
<P>(1) Filed, instituted or caused to be filed or instituted any proceedings under the Act by—
</P>
<P>(i) Reporting alleged violations or dangers to the Secretary, the State Regulatory Authority, or the employer or his representative.
</P>
<P>(ii) Requesting an inspection or investigation; or
</P>
<P>(iii) Taking any other action which may result in a proceeding under the Act.
</P>
<P>(2) Made statements, testified, or is about to do so—
</P>
<P>(i) In any informal or formal adjudicatory proceeding;
</P>
<P>(ii) In any informal conference proceeding;
</P>
<P>(iii) In any rulemaking proceeding;
</P>
<P>(iv) In any investigation, inspection or other proceeding under the Act;
</P>
<P>(v) In any judicial proceeding under the Act.
</P>
<P>(3) Has exercised on his own behalf or on behalf of others any right granted by the Act.
</P>
<P>(b) Each employer conducting operations which are regulated under this Act, shall within 30 days from the effective day of these regulations, provide a copy of this part to all current employees and to all new employees at the time of their hiring.
</P>
<CITA TYPE="N">[42 FR 62712, Dec. 13, 1977; 43 FR 2722, Jan. 19, 1978. Redesignated at 44 FR 15312, Mar. 13, 1979]


</CITA>
</DIV8>


<DIV8 N="§ 865.12" NODE="30:3.0.1.15.64.0.1.3" TYPE="SECTION">
<HEAD>§ 865.12   Procedures for filing an application for review of discrimination.</HEAD>
<P>(a) <I>Who may file.</I> Any employee, or any authorized representative of employees, who believes that he has been discriminated against by any person in violation of § 865.11(a) of this part may file an application for review. For the purpose of these regulations, an application for review means the presentation of a written report of discrimination stating the reasons why the person believes he has been discriminated against and the facts surrounding the alleged discrimination.
</P>
<P>(b) <I>Where to file.</I> The employee or representative may file the application for review at any location of the Office and each office shall maintain a log of all filing.
</P>
<P>(c) <I>Time for filing.</I> The employee or representative shall file an application for review within 30 days after the alleged discrimination occurs. An application is considered filed—
</P>
<P>(1) On the date delivered if delivered a person to the Office, or
</P>
<P>(2) On the date mailed to the Office.
</P>
<P>(d) <I>Running of the time of filing.</I> The time for filing begins when the employee knows or has reason to know of the alleged discriminatory activity.


</P>
</DIV8>


<DIV8 N="§ 865.13" NODE="30:3.0.1.15.64.0.1.4" TYPE="SECTION">
<HEAD>§ 865.13   Investigation and conference procedures.</HEAD>
<P>(a) Within 7 days after receipt of any application for review, the Office shall mail a copy of the application for review to the person alleged to have caused the discrimination, shall file the application for review with the Office of Hearings and Appeals and shall notify the employee and the alleged discriminating person that the Office will investigate the complaint. The alleged discriminating person may file a response to the application for review within 10 days after he receives the copy of the application for review. The response shall specifically admit, deny or explain each of the facts alleged in the application unless the alleged discriminating person is without knowledge in which case he shall so state.
</P>
<P>(b) The Office shall initiate an investigation of the alleged discrimination with 30 days after receipt of the application for review. The Office shall complete the investigation with 60 days of the date of the receipt of the application for review. If circumstances surrounding the investigation prevent completion within the 60-day period, the Office shall notify the person who filed the application for review and the alleged discriminating person of the delay, the reason for the delay, and the expected completion date for the investigation.
</P>
<P>(c) Within 7 days after completion of the investigation the Office shall invite the parties to an informal conference to discuss the findings and preliminary conclusions of the investigation. The purpose of the informal conference is to attempt to conciliate the matter. If a complaint is resolved at an informal conference, the terms of the agreement will be recorded in a written document that will be signed by the alleged discriminating person, the employee and the representative of the Office. If the Office concludes on the basis of a subsequent investigation that any party to the agreement has failed in any material respect to comply with the terms of any agreement reached during an informal conference, the Office shall take appropriate action to obtain compliance with the agreement.
</P>
<P>(d) Following the investigation and any informal conference held, the Office shall complete a report of investigation which shall include a summary of the results of the conference. Copies of this report shall be available to the parties in the case.


</P>
</DIV8>


<DIV8 N="§ 865.14" NODE="30:3.0.1.15.64.0.1.5" TYPE="SECTION">
<HEAD>§ 865.14   Request for hearing.</HEAD>
<P>(a) If the Office determines that a violation of this part has probably occurred and was not resolved at an informal conference, the Director shall request a hearing on the employee's behalf before the Office of Hearings and Appeals within 10 days of the scheduled informal hearing. the parties shall be notified of the determination. If the Director declines to request a hearing the employee shall be notified within 10 days of the scheduled informal conference and informed of his right to request a hearing on his own behalf.
</P>
<P>(b) The employee may request a hearing with the Office of Hearings and Appeals after 60 days have elapsed from the filing of his application.


</P>
</DIV8>


<DIV8 N="§ 865.15" NODE="30:3.0.1.15.64.0.1.6" TYPE="SECTION">
<HEAD>§ 865.15   Formal adjudicatory proceedings.</HEAD>
<P>(a) Formal adjudication of a complaint filed under this part shall be conducted in the Office of Hearings and Appeals under 43 CFR part 4.
</P>
<P>(b) A hearing shall be held as promptly as possible consistent with the opportunity for discovery provided for under 43 CFR part 4.
</P>
<P>(c) Upon a finding of violation of § 865.11 of this part, the Secretary shall order the appropriate affirmative relief including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to his former position with compensation. At the request of the employee a sum equal to the aggregate amount of all costs and expenses including attorneys' fees which have been reasonably incurred by the employee for, or in connection with, the institution and prosecution of the proceedings shall be assessed against the person committing the violation.
</P>
<P>(d) On or after 10 days after filing an application for review under this part the Secretary or the employee may seek temporary relief in the Office of Hearings and Appeals under 43 CFR part 4.


</P>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="R" NODE="30:3.0.1.16" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER R—ABANDONED MINE LAND RECLAMATION


</HEAD>

<DIV5 N="870" NODE="30:3.0.1.16.65" TYPE="PART">
<HEAD>PART 870—ABANDONED MINE RECLAMATION FUND—FEE COLLECTION AND COAL PRODUCTION REPORTING
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>28 U.S.C. 1746, 30 U.S.C. 1201 <I>et seq.,</I> and Pub. L. 105-277, 112 Stat. 2681. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 28593, June 30, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 870.1" NODE="30:3.0.1.16.65.0.1.1" TYPE="SECTION">
<HEAD>§ 870.1   Scope.</HEAD>
<P>This part sets out our procedures to collect fees for the Fund and to report coal production.
</P>
<CITA TYPE="N">[73 FR 67631, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.5" NODE="30:3.0.1.16.65.0.1.2" TYPE="SECTION">
<HEAD>§ 870.5   Definitions.</HEAD>
<P>As used in this Part—
</P>
<P><I>Anthracite, bituminous and subbituminous coal</I> means all coals other than lignite coal.
</P>
<P><I>Calendar quarter</I> means a 3-month period within a calendar year. The first calendar quarter begins on January 1 of the calendar year and ends on the last day of March. The second calendar quarter begins on the first day of April and ends on the last day of June. The third calendar quarter begins on the first day of July and ends on the last day of September. The fourth calendar quarter begins on the first day of October and ends on the last day of December.
</P>
<P><I>Excess moisture</I> means the difference between total moisture and inherent moisture, calculated according to § 870.19 for high-rank coals or the difference between total moisture and inherent moisture calculated according to § 870.20 for low-rank coals.
</P>
<P><I>Expended</I> means that moneys have been obligated, encumbered, or committed for reclamation by contract by the OSM, State, or Tribe for work to be accomplished or services to be rendered.
</P>
<P><I>Fee compliance officer</I> means any person authorized by the Secretary to exercise authority in matters relating to this part.
</P>
<P><I>In situ coal mining</I> means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, bore hole mining, and fluid recovery mining. At this time, part 870 considers only in situ gasification.
</P>
<P><I>Inherent moisture</I> means moisture that exists as an integral part of the coal seam in its natural state, including water in pores, but excluding that present in macroscopically visible fractures, as determined according to § 870.19(a) or § 870.20(a).
</P>
<P><I>Lignite coal</I> means consolidated lignite coal having less than 8,300 British thermal units per pound, moist and mineral-matter-free. Moist, mineral-matter free British thermal units per pound are determined by Parr's formula, equation 3, on page 222 of “Standard Specification for Classification of Coals by Rank,” in American Society for Testing and Materials ASTM D 388-77 (Philadelphia, 1977). Parr's formula follows:
</P>
<FP-1>Moist, Mn-Free Btu=
</FP-1>
<FP-1>(Bu−50S)/[100−(1.08A + 0.55S)] × 100 
</FP-1>
<EXTRACT>
<FP>where:
</FP>
<FP-2>Mn = Mineral matter
</FP-2>
<FP-2>Btu = British thermal units per pound (calorific value) 
</FP-2>
<FP-2>A = percentage of ash, and
</FP-2>
<FP-2>S = percentage of sulfur
</FP-2>
<FP-2>“Moist” refers to coal containing its natural inherent or bed moisture, but not including water adhering to the surface of the coal.</FP-2></EXTRACT>
<P><I>Mineral owner</I> means any person or entity owning 10 percent or more of the mineral estate for a permit. If no single mineral owner meets the 10 percent rule, then the largest single mineral owner shall be considered to be the mineral owner. If there are several persons who have successively transferred the mineral rights, information shall be provided on the last owner(s) in the chain prior to the permittee, i.e. the person or persons who have granted the permittee the right to extract the coal.
</P>
<P><I>Reclaimed coal</I> means coal recovered from a deposit that is not in its original geological location, such as refuse piles or culm banks or retaining dams and ponds that are or have been used during the mining or preparation process, and stream coal deposits. Reclaimed coal operations are considered to be surface coal mining operations for fee liability and calculation purposes.
</P>
<P><I>Surface coal mining</I> means the extraction of coal from the earth by removing the materials over the coal seam before recovering the coal and includes auger coal mining. For purposes of subchapter R, reclaiming coal operations are considered surface coal mining.
</P>
<P><I>Ton</I> means 2,000 pounds avoirdupois (0.90718 metric ton).
</P>
<P><I>Total moisture</I> means the measure of weight loss in an air atmosphere under rigidly controlled conditions of temperature, time and air flow, as determined according to either § 870.19(a) or § 870.20(a).
</P>
<P><I>Underground coal mining</I> means the extraction of coal from the earth by developing entries from the surface to the coal seam before recovering the coal by underground extraction methods, and includes in situ mining.
</P>
<P><I>Value</I> means gross value at the time of initial bona fide sale, transfer of ownership, or use by the operator, but does not include the reclamation fee required by this part.
</P>
<CITA TYPE="N">[47 FR 28593, June 30, 1982, as amended at 53 FR 19726, May 27, 1988; 59 FR 28168, May 31, 1994; 60 FR 9980, Feb. 22, 1995; 62 FR 60142, Nov. 6, 1997; 73 FR 67631, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.10" NODE="30:3.0.1.16.65.0.1.3" TYPE="SECTION">
<HEAD>§ 870.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of part 870 and the OSM-1 Form and assigned control number 1029-0063. The information is used to maintain a record of coal produced nationwide each calendar quarter, the method of coal removal, the type of coal, and the basis for coal tonnage reporting. Persons must respond to meet the requirements of SMCRA. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<CITA TYPE="N">[73 FR 67631, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.11" NODE="30:3.0.1.16.65.0.1.4" TYPE="SECTION">
<HEAD>§ 870.11   Applicability.</HEAD>
<P>The regulations in this part apply to all surface and underground coal mining operations except—
</P>
<P>(a) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;
</P>
<P>(b) The extraction of coal as an incidental part of Federal, State, or local government-financed highway or other construction;
</P>
<P>(c) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16
<FR>2/3</FR> percent of the total tonnage of coal and other minerals removed for commercial use or sale
</P>
<P>(1) In accordance with part 702 of this chapter for Federal program States and on Indian lands or 
</P>
<P>(2) In any twelve consecutive months in a State with an approved State program until counterpart regulations pursuant to part 702 of this chapter have been incorporated into the State program and in accordance with such counterpart regulations, thereafter; and
</P>
<P>(d) The extraction of less than 250 tons of coal within twelve consecutive months.
</P>
<CITA TYPE="N">[47 FR 28593, June 30, 1982, as amended at 54 FR 52123, Dec. 20, 1989; 54 FR 52123, Dec. 20, 1989; 73 FR 67631, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.12" NODE="30:3.0.1.16.65.0.1.5" TYPE="SECTION">
<HEAD>§ 870.12   Reclamation fee.</HEAD>
<P>(a) The operator shall pay a reclamation fee on each ton of coal produced for sale, transfer, or use, including the products of in situ mining.
</P>
<P>(b) The fee shall be determined by the weight and value at the time of initial bona fide sale, transfer of ownership, or use by the operator.
</P>
<P>(1) The initial bona fide sale, transfer of ownership, or use shall be determined by the first transaction or use of the coal by the operator immediately after it is severed, or removed from a reclaimed coal refuse deposit.
</P>
<P>(2) The value of the coal shall be determined F.O.B. mine.
</P>
<P>(3) The weight of each ton shall be determined by the actual gross weight of the coal.
</P>
<P>(i) Impurities that have not been removed prior to the time of initial bona fide sale, transfer of ownership, or use by the operator, excluding excess moisture for which a reduction has been taken pursuant to § 870.18, shall not be deducted from the gross weight.
</P>
<P>(ii) Operators selling coal on a clean coal basis shall retain records that show run-of-mine tonnage, and the basis for the clean coal transaction.
</P>
<P>(iii) Insufficient records shall subject the operator to fees based on raw tonnage data.
</P>
<P>(c) If the operator combines surface mined coal, including reclaimed coal, with underground mined coal before the coal is weighed for fee purposes, the higher reclamation fee shall apply, unless the operator can substantiate the amount of coal produced by surface mining by acceptable engineering calculations or other reports which the Director may require.
</P>
<P>(d) The reclamation fee shall be paid after the end of each calendar quarter beginning with the calendar quarter starting October 1, 1977.
</P>
<CITA TYPE="N">[47 FR 28593, June 30, 1982, as amended at 53 FR 19726, May 27, 1988; 59 FR 28169, May 31, 1994; 69 FR 56130, Sept. 17, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 870.13" NODE="30:3.0.1.16.65.0.1.6" TYPE="SECTION">
<HEAD>§ 870.13   Fee rates.</HEAD>
<P>(a) Fees for coal produced for sale, transfer, or use from October 1, 2021, through September 30, 2034. Fees for coal produced for sale, transfer, or use from October 1, 2021, through September 30, 2034, are shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Type of fee
</TH><TH class="gpotbl_colhed" scope="col">Type of coal
</TH><TH class="gpotbl_colhed" scope="col">Amount of fee
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Surface mining fee</TD><TD align="left" class="gpotbl_cell">Anthracite, bituminous, and subbituminous, including reclaimed</TD><TD align="left" class="gpotbl_cell">(i) If value of coal is $2.24 per ton or more, fee is 22.4 cents per ton.


<br/>(ii) If value of coal is less than $2.24 per ton, fee is 10 percent of the value.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Underground mining fee</TD><TD align="left" class="gpotbl_cell">Anthracite, bituminous, and subbituminous</TD><TD align="left" class="gpotbl_cell">(i) If value of coal is $0.96 per ton or more, fee is 9.6 cents per ton.


<br/>(ii) If value of coal is less than $0.96 per ton, fee is 10 percent of the value.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Surface and underground mining fee</TD><TD align="left" class="gpotbl_cell">Lignite</TD><TD align="left" class="gpotbl_cell">(i) If value of coal is $3.20 per ton or more, fee is 6.4 cents per ton.


<br/>(ii) If value of coal is less than $3.20 per ton, fee is 2 percent of the value.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) In situ coal mining fee</TD><TD align="left" class="gpotbl_cell">All types other than lignite</TD><TD align="left" class="gpotbl_cell">9.6 cents per ton based on Btus per ton in place equated to the gas produced at the site as certified through analysis by an independent laboratory.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) In situ coal mining fee</TD><TD align="left" class="gpotbl_cell">Lignite</TD><TD align="left" class="gpotbl_cell">6.4 cents per ton based on the Btus per ton of coal in place equated to the gas produced at the site as certified through analysis by an independent laboratory.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[47 FR 28593, June 30, 1982, as amended at 69 FR 56130, Sept. 17, 2004; 73 FR 67631, Nov. 14, 2008; 87 FR 2345, Jan. 14, 2022; 87 FR 51908, Aug. 24, 2022; 90 FR 54581, Nov. 28, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 870.14" NODE="30:3.0.1.16.65.0.1.7" TYPE="SECTION">
<HEAD>§ 870.14   Determination of percentage-based fees.</HEAD>
<P>(a) If you pay a fee based on a percentage of the value of coal, you must include documentation supporting the claimed coal value with your fee payment and production report. We may review this information and any additional documentation we may require, including examination of your books and records. We may accept the valuation you claim, or we may determine another value of the coal.
</P>
<P>(b) If we determine that a higher fee must be paid, you must pay the additional fee together with interest computed under § 870.21.
</P>
<CITA TYPE="N">[73 FR 67632, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.15" NODE="30:3.0.1.16.65.0.1.8" TYPE="SECTION">
<HEAD>§ 870.15   Reclamation fee payment.</HEAD>
<P>(a) You must pay the reclamation fee based on calendar quarter tonnage no later than 30 days after the end of each calendar quarter.
</P>
<P>(b) Along with any fee payment due, you must submit to us a completed Coal Sales and Reclamation Fee Report (OSM-1 Form). You can file the OSM-1 Form either in paper format or in electronic format as specified in § 870.17. On the OSM-1 Form, you must report:
</P>
<P>(1) The tonnage of coal sold, used, or transferred;
</P>
<P>(2) The name and address of any person or entity who is the owner of 10 percent or more of the mineral estate for a given permit; and
</P>
<P>(3) The name and address of any person or entity who purchases 10 percent or more of the production from a given permit, during the applicable quarter.
</P>
<P>(c) If no single mineral owner or purchaser meets the 10 percent criterion in paragraphs (b)(2) and (b)(3) of this section, then you must report the name and address of the largest single mineral owner and purchaser. If several persons have successively transferred the mineral rights, you must include on the OSM-1 Form information on the last owner(s) in the chain before the permittee, i.e. the person or persons who have granted the permittee the right to extract the coal.
</P>
<P>(d) At the time of reporting, you may designate the information required by paragraphs (b) and (c) of this section as confidential.
</P>
<CITA TYPE="N">[73 FR 67632, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.16" NODE="30:3.0.1.16.65.0.1.9" TYPE="SECTION">
<HEAD>§ 870.16   Acceptable payment methods.</HEAD>
<P>(a) If you owe total quarterly reclamation fees of $500 or more for one or more mines, you must:
</P>
<P>(1) Use an electronic fund transfer mechanism approved by the U.S. Department of the Treasury;
</P>
<P>(2) Forward payments by electronic transfer;
</P>
<P>(3) Include the applicable Master Entity No.(s) (Part 1-Block 3 on the OSM-1 Form), and OSM Document No.(s) (Part 1-upper right corner of the OSM-1 Form) with the electronic payment; and
</P>
<P>(4) Use our approved form or approved electronic form to report coal tonnage sold, used, or for which ownership was transferred to the address indicated in the Instructions for Completing the OSM-1 Form.
</P>
<P>(b) If you owe less than $500 in quarterly reclamation fees for one or more mines, you may:
</P>
<P>(1) Forward payments by electronic transfer in accordance with the procedures specified in paragraph (a) of this section; or
</P>
<P>(2) Submit a check or money order payable to the Office of Surface Mining Reclamation and Enforcement in the same envelope with the OSM-1 Form to the address indicated in the Instructions for Completing the OSM-1 Form.
</P>
<CITA TYPE="N">[73 FR 67632, Nov. 14, 2008, as amended at 89 FR 8073, Feb. 6, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 870.17" NODE="30:3.0.1.16.65.0.1.10" TYPE="SECTION">
<HEAD>§ 870.17   Filing the OSM-1 Form.</HEAD>
<P>(a) <I>Filing an OSM-1 Form electronically.</I> You may submit a quarterly electronic OSM-1 Form in place of a quarterly paper OSM-1 Form. Submitting the OSM-1 Form electronically is optional. If you submit your form electronically, you must use a methodology and medium approved by us and do one of the following:
</P>
<P>(1) Maintain a properly notarized paper copy of the identical OSM-1 Form for review and approval by our Fee Compliance auditors (in order to comply with the notary requirement in SMCRA); or
</P>
<P>(2) Submit an electronically signed and dated statement made under penalty of perjury that the information contained in the OSM-1 Form is true and correct.
</P>
<P>(b) <I>Filing a paper OSM-1 Form.</I> Alternatively, you may submit a quarterly paper OSM-1 Form. If you choose to submit your form on paper, you must do one of the following:
</P>
<P>(1) Submit a properly notarized copy of the OSM-1 Form; or
</P>
<P>(2) Submit the OSM-1 Form with a signed and dated statement made under penalty of perjury that the information contained in the form is true and correct. Under the unsworn statement option, you must sign the following statement: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].”
</P>
<CITA TYPE="N">[73 FR 67632, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.18" NODE="30:3.0.1.16.65.0.1.11" TYPE="SECTION">
<HEAD>§ 870.18   General rules for calculating excess moisture.</HEAD>
<P>If you are an operator who mined coal after June 1988, you may deduct the weight of excess moisture in the coal to determine reclamation fees you owe under 30 CFR 870.12(b)(3)(i). Excess moisture is the difference between total moisture and inherent moisture. To calculate excess moisture in HIGH-rank coal, follow § 870.19. To calculate excess moisture in LOW-rank coal, follow § 870.20. Report your calculations on the OSM-1 form, Coal Reclamation Fee Report, for every calendar quarter in which you claim a deduction. Some cautions:
</P>
<P>(a) You or your customer may do any test required by §§ 870.19 and 870.20. But whoever does a test, you are to keep test results and all related records for at least six years after the test date.
</P>
<P>(b) If OSM disallows any or all of an allowance for excess moisture, you must submit an additional fee plus interest computed according to § 870.21(a) and penalties computed according to § 870.21(c).
</P>
<P>(c) The following definitions are applicable to §§ 870.19 and 870.20. ASTM standards D4596-93, <I>Standard Practice for Collection of Channel Samples of Coal in a Mine;</I> D5192-91, <I>Standard Practice for Collection of Coal Samples from Core;</I> and, D1412-93, <I>Standard Test Method for Equilibrium Moisture of Coal at 96 to 97 Percent Relative Humidity and 30 °C</I> are incorporated by reference as published in the 1994 Annual Book of ASTM Standards, Volume 05.05. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Each applicable ASTM standard is incorporated as it exists on the date of the approval, and a notice of any change in it will be published in the <E T="04">Federal Register.</E> You may obtain copies from the ASTM, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428. A copy of the ASTM standards is available for inspection at the Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 101, 1951 Constitution Avenue, NW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(1) <I>As-shipped coal</I> means raw or prepared coal that is loaded for shipment from the mine or loading facility.
</P>
<P>(2) <I>Blended coal</I> means coals of various qualities and predetermined quantities mixed to control the final product.
</P>
<P>(3) <I>Channel sample</I> means a sample of coal collected according to ASTM standard D4596-93 from a channel extending from the top to the bottom of a coal seam.
</P>
<P>(4) <I>Commingled coal</I> means coal from different sources and/or types combined prior to shipment or use.
</P>
<P>(5) <I>Core sample</I> means a cylindrical sample of coal that represents the thickness of a coal seam penetrated by drilling according to ASTM standard D5192-91.
</P>
<P>(6) <I>Correction factor</I> means the difference between the equilibrium moisture and the inherent moisture in low rank coals for the purpose of § 870.20(a).
</P>
<P>(7) <I>Equilibrium moisture</I> means the moisture in the coal as determined through ASTM standard D1412-93.
</P>
<P>(8) <I>High-rank coals</I> means anthracite, bituminous, and subbituminous A and B coals.
</P>
<P>(9) <I>Low-rank coals</I> means subbituminous C and lignite coals.
</P>
<P>(10) <I>Slurry pond</I> means any natural or artificial pond or lagoon used for the settlement and draining of the solids from the slurry resulting from the coal washing process.
</P>
<P>(11) <I>Tipple coal</I> means coal from a mine or loading facility that is ready for shipment.
</P>
<CITA TYPE="N">[62 FR 60142, Nov. 6, 1997, as amended at 73 FR 67633, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.19" NODE="30:3.0.1.16.65.0.1.12" TYPE="SECTION">
<HEAD>§ 870.19   How to calculate excess moisture in HIGH-rank coals.</HEAD>
<P>Here are the requirements for calculating the excess moisture in high-rank coals for a calendar quarter. ASTM standards D2234-89, <I>Standard Test Methods for Collection of a Gross Sample of Coal</I>; D3302-91, <I>Standard Test Method for Total Moisture in Coal</I>; D5192-91, <I>Standard Practice for Collection of Coal Samples from Core</I>; D1412-93, <I>Standard Test Method for Equilibrium Moisture of Coal at 96 to 97 Percent Relative Humidity and 30 °C</I>; and, D4596-93, <I>Standard Practice for Collection of Channel Samples of Coal in a Mine</I> are incorporated by reference as published in the 1994 Annual Book of ASTM Standards, Volume 05.05. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Each applicable ASTM standard is incorporated as it exists on the date of the approval, and a notice of any change in it will be published in the <E T="04">Federal Register.</E> You may obtain copies from the ASTM, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428. A copy of the ASTM standards is available for inspection at the Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 101, 1951 Constitution Avenue, NW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(a)(1) Calculate the excess moisture percentage using one of these equations:
</P>
<img src="/graphics/er06no97.000.gif"/>
<P>(2) EM equals excess moisture percentage. TM equals total as-shipped moisture percentage calculated according to Table 1 of this section. IM equals inherent moisture percentage calculated according to Table 2 of this section.
</P>
<P>(b) Multiply the excess moisture percentage by the tonnage from the bonafide sales, transfers of ownership, or uses by the operator during the quarter.
</P>
<img src="/graphics/er06no97.001.gif"/>
<img src="/graphics/er06no97.002.gif"/>
<CITA TYPE="N">[62 FR 60143, Nov. 6, 1997]





</CITA>
</DIV8>


<DIV8 N="§ 870.20" NODE="30:3.0.1.16.65.0.1.13" TYPE="SECTION">
<HEAD>§ 870.20   How to calculate excess moisture in LOW-rank coals.</HEAD>
<P>Here are the requirements for calculating the excess moisture in low-rank coals for a calendar quarter. ASTM standards D2234-89, <I>Standard Test Methods for Collection of a Gross Sample of Coal;</I> D3302-91, <I>Standard Test Method for Total Moisture in Coal;</I> and, D1412-93, <I>Standard Test Method for Equilibrium Moisture of Coal at 96 to 97 Percent Relative Humidity and 30 °C</I> are incorporated by reference as published in the 1994 Annual Book of ASTM Standards, Volume 05.05. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Each applicable ASTM standard is incorporated as it exists on the date of the approval, and a notice of any change in it will be published in the <E T="04">Federal Register.</E> You may obtain copies from the ASTM, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428. A copy of the ASTM standards is available for inspection at the Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 101, 1951 Constitution Avenue, NW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: <I>http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.</I>
</P>
<P>(a)(1) Calculate the excess moisture percentage using one of these equations:
</P>
<img src="/graphics/er06no97.003.gif"/>
<P>(2) EM equals excess moisture percentage. TM equals total as-shipped moisture percentage calculated according to Table 1 of this section. IM equals inherent moisture percentage calculated according to Tables 2 and 3 of this section.
</P>
<P>(b) Multiply the excess moisture percentage by the tonnage from the bona fide sales, transfers of ownership, or uses by the operator during the quarter.
</P>
<img src="/graphics/er06no97.004.gif"/>
<img src="/graphics/er06no97.005.gif"/>
<img src="/graphics/er06no97.006.gif"/>
<CITA TYPE="N">[62 FR 60146, Nov. 6, 1997, as amended at 75 FR 60276, Sept. 29, 2010]



</CITA>
</DIV8>


<DIV8 N="§ 870.21" NODE="30:3.0.1.16.65.0.1.14" TYPE="SECTION">
<HEAD>§ 870.21   Late payments.</HEAD>
<P>(a) Fee payments postmarked later than 30 days after the calendar quarter for which the fee was owed are subject to interest. Late reclamation fee payments are subject to interest at the rate established by the U.S. Department of the Treasury for late charges on payments to the Federal Government. The Treasury current value of funds rate is published annually in the <E T="04">Federal Register</E> and on Treasury's Web site.
</P>
<P>(b) We will charge interest on unpaid reclamation fees from the 31st day following the end of the calendar quarter for which the fee payment is owed to the date of payment. If you are delinquent, we will bill you monthly and initiate whatever action is necessary to collect full payment of all fees and interest.
</P>
<P>(c) When a reclamation fee debt is more than 91 days overdue, a 6 percent annual penalty on the amount owed for fees will begin and will run until the date of payment. This penalty is in addition to the interest described in paragraph (a) of this section.
</P>
<P>(d) For all delinquent fees, interest, and penalties, you must pay a processing and handling charge that we will set based upon the following components:
</P>
<P>(1) For debts referred to a collection agency, the amount charged to us by the collection agency;
</P>
<P>(2) For debts we processed and handled, a standard amount we set annually based upon similar charges by collection agencies for debt collection;
</P>
<P>(3) For debts referred to the Office of the Solicitor within the U.S. Department of the Interior, but paid before litigation, the estimated average cost to prepare the case for litigation as of the time of payment;
</P>
<P>(4) For debts referred to the Office of the Solicitor within the U.S. Department of the Interior, and litigated, the estimated cost to prepare and litigate a debt case as of the time of payment; and
</P>
<P>(5) If not otherwise provided for, all other administrative expenses associated with collection, including, but not limited to, billing, recording payments, and follow-up actions.
</P>
<P>(e) We will not charge prejudgment interest on any processing and handling charges.
</P>
<CITA TYPE="N">[73 FR 67633, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.22" NODE="30:3.0.1.16.65.0.1.15" TYPE="SECTION">
<HEAD>§ 870.22   Maintaining required production records.</HEAD>
<P>(a) If you engage in or conduct a surface coal mining operation, you must maintain up-to-date records that contain at least the following information:
</P>
<P>(1) The tons of coal you produced, bought, sold, or transferred, the amount of money you received per ton, the name of person to whom you sold or transferred the coal, and the date of each sale or transfer;
</P>
<P>(2) The tons of coal you used and your date of your consumption;
</P>
<P>(3) The tons of coal you stockpiled or inventoried that are not classified as sold for fee computation purposes under § 870.12; and
</P>
<P>(4) For in situ coal mining operations, the total Btu value of gas you produced, the Btu value of a ton of coal in a place certified at least semiannually by an independent laboratory, and the amount of money you received for gas sold, transferred, or used.
</P>
<P>(b) We must have access to your records of any surface coal mining operation for review. Your records must be available to us at reasonable times.
</P>
<P>(c) We may inspect and copy any of your books or records that are necessary to substantiate the accuracy of your OSM-1 Form and payments. If the fee is paid at the maximum rate, we will not copy information relative to price. We will protect all copied information as authorized or required by the Privacy Act (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552).
</P>
<P>(d) You must maintain your books and records for 6 years from the end of the calendar quarter in which the fee was due or paid, whichever is later.
</P>
<P>(e) If you do not maintain or make available your books and records as required in this section, we will estimate the fee due under this part through use of average production figures based upon the nature and acreage of your coal mining operation.
</P>
<P>(1) We will assess the fee at the amount we estimate plus an additional 20 percent to account for possible error in our fee liability estimate.
</P>
<P>(2) After you receive our fee liability estimate, you may request that we revise that estimate based upon your information. However, you must demonstrate that our fee liability estimate is incorrect. You may do this by providing adequate documentation that we find to be acceptable and comparable to the information required in § 870.19(a).
</P>
<CITA TYPE="N">[73 FR 67633, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 870.23" NODE="30:3.0.1.16.65.0.1.16" TYPE="SECTION">
<HEAD>§ 870.23   Consequences of noncompliance.</HEAD>
<P>If you do not maintain adequate records, provide us with access to records of a surface coal mining operation, or pay overdue reclamation fees, including interest on late payments or underpayments, we may take one or more of the following actions:
</P>
<P>(a) Start a legal action against you;
</P>
<P>(b) Report you to the Internal Revenue Service;
</P>
<P>(c) Report you to State agencies responsible for taxation;
</P>
<P>(d) Report you to credit bureaus;
</P>
<P>(e) Refer you to collection agencies; or
</P>
<P>(f) Take some other appropriate action against you.
</P>
<CITA TYPE="N">[73 FR 67633, Nov. 14, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="872" NODE="30:3.0.1.16.66" TYPE="PART">
<HEAD>PART 872—MONEYS AVAILABLE TO ELIGIBLE STATES AND INDIAN TRIBES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.,</I> Pub. L. 117-58.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 67634, Nov. 14, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 872.1" NODE="30:3.0.1.16.66.0.1.1" TYPE="SECTION">
<HEAD>§ 872.1   What does this part do?</HEAD>
<P>This part sets forth procedures and general responsibilities for managing funds received under Title IV of the Surface Mining Control and Reclamation Act of 1977, as amended.


</P>
</DIV8>


<DIV8 N="§ 872.5" NODE="30:3.0.1.16.66.0.1.2" TYPE="SECTION">
<HEAD>§ 872.5   Definitions.</HEAD>
<P>As used in this part—
</P>
<P><I>Allocate</I> means to identify moneys in our records at the time they are received by the Fund. The allocation process identifies moneys in the Fund by the type of funds collected, including the specific State or Indian tribal share.
</P>
<P><I>Award</I> means to approve our grant agreement authorizing you to draw down and expend program funds.
</P>
<P><I>Distribute</I> means to annually assign funds to a specific State or Indian tribe. After distribution, funds are available for award in a grant to that specific State or Indian tribe.
</P>
<P><I>Indian Abandoned Mine Reclamation Fund</I> or <I>Indian Fund</I> means a separate fund that an Indian tribe established to account for moneys we award under parts 885 or 886 of this chapter or other moneys these regulations authorize to be deposited in the Indian Fund.
</P>
<P><I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.
</P>
<P><I>State Abandoned Mine Reclamation Fund</I> or <I>State Fund</I> means a separate fund that a State established to account for moneys we award under parts 885 or 886 of this chapter or other moneys these regulations authorize to be deposited in the State Fund.


</P>
</DIV8>


<DIV8 N="§ 872.10" NODE="30:3.0.1.16.66.0.1.3" TYPE="SECTION">
<HEAD>§ 872.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of part 872 and assigned it control number 1029-0054. The information is used to determine whether States and Indian tribes will be granted funds for reclamation activities. States and Indian tribes must respond to obtain a benefit in accordance with SMCRA. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.


</P>
</DIV8>


<DIV8 N="§ 872.11" NODE="30:3.0.1.16.66.0.1.4" TYPE="SECTION">
<HEAD>§ 872.11   Where do moneys in the Fund come from?</HEAD>
<P>Revenue to the Fund includes—
</P>
<P>(a) Reclamation fees we collect under section 402 of SMCRA and part 870 of this chapter;
</P>
<P>(b) Amounts we collect from charges for use of land acquired or reclaimed with moneys from the Fund under part 879 of this chapter;
</P>
<P>(c) Moneys we recover through satisfaction of liens filed against privately owned lands reclaimed with moneys from the Fund under part 882 of this chapter;
</P>
<P>(d) Moneys we recover from the sale of lands acquired with moneys from the Fund or by donation;
</P>
<P>(e) Moneys donated to us for the purpose of abandoned mine land reclamation; and
</P>
<P>(f) Interest and any other income earned from investment of the Fund. We will credit interest and other income only to the Secretary's share.


</P>
</DIV8>


<DIV8 N="§ 872.12" NODE="30:3.0.1.16.66.0.1.5" TYPE="SECTION">
<HEAD>§ 872.12   Where do moneys distributed from the Fund and other sources go?</HEAD>
<P>(a) Each State or Indian tribe with an approved reclamation plan must establish an account to be known as a State or Indian Abandoned Mine Reclamation Fund. These funds will be managed in accordance with the OMB Circular A-102.
</P>
<P>(b) Revenue for the State and Indian Abandoned Mine Reclamation Funds will include—
</P>
<P>(1) Amounts we granted for purposes of conducting the approved reclamation plan;
</P>
<P>(2) Moneys collected from charges for uses of land acquired or reclaimed with moneys from the State or Indian Abandoned Mine Reclamation Fund under part 879 of this chapter;
</P>
<P>(3) Moneys recovered through the satisfaction of liens filed against privately owned lands;
</P>
<P>(4) Moneys the State or Indian tribe recovered from the sale of lands acquired under Title IV of SMCRA; and
</P>
<P>(5) Such other moneys as the State or Indian tribe decides should be deposited in the State or Indian Abandoned Mine Reclamation Fund for use in carrying out the approved reclamation program.
</P>
<P>(c) Moneys deposited in State or Indian Abandoned Mine Reclamation Funds must be used to carry out the reclamation plan approved under part 884 of this chapter and projects approved under § 886.27 of this chapter.


</P>
</DIV8>


<DIV8 N="§ 872.13" NODE="30:3.0.1.16.66.0.1.6" TYPE="SECTION">
<HEAD>§ 872.13   What moneys does OSM distribute each year?</HEAD>
<P>(a) Under Title IV of SMCRA, each Federal fiscal year we must distribute to you, the States and Indian tribes with approved reclamation plans, the moneys listed in this section. We distribute all Fund moneys and other moneys from the Treasury that have been designated for mandatory distribution. We provide information to you showing how we calculated your distribution. We distribute the following moneys:
</P>
<P>(1) State share funds to uncertified States as described in § 872.14;
</P>
<P>(2) Tribal share funds to uncertified Indian tribes as described in § 872.17;
</P>
<P>(3) Historic coal funds to uncertified States and Indian tribes as described in § 872.21;
</P>
<P>(4) Minimum program make up funds to eligible uncertified States and Indian tribes as described in § 872.26; and
</P>
<P>(5) Certified in lieu funds to certified States and Indian tribes as described in § 872.32.
</P>
<P>(b) We calculate annual fee collections for coal produced in the previous Federal fiscal year on a net cash basis. This means that we use collections that are paid for the current Federal fiscal year to adjust fees that were overpaid or underpaid in prior fiscal years.
</P>
<P>(c) We distribute any Congressionally-appropriated funds for grants to you out of the Federal expense funds when the appropriation becomes available.
</P>
<P>(d) You may apply for any or all distributed funds at any time after the distribution using the procedures in part 885 of this chapter for certified States and Indian tribes or part 886 for uncertified States and Indian tribes.
</P>
<CITA TYPE="N">[73 FR 67634, Nov. 14, 2008, as amended at 90 FR 52860, Nov. 24, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 872.14" NODE="30:3.0.1.16.66.0.1.7" TYPE="SECTION">
<HEAD>§ 872.14   What are State share funds?</HEAD>
<P>“State share funds” are moneys we distribute to you from your State share of the Fund each Federal fiscal year under section 402(g)(1)(A) of SMCRA. Your State share of the Fund is 50 percent of the reclamation fees we collected from within your State (excluding fees collected on Indian lands) and allocated to you, the State, in the Fund for coal produced in the previous fiscal year.


</P>
</DIV8>


<DIV8 N="§ 872.15" NODE="30:3.0.1.16.66.0.1.8" TYPE="SECTION">
<HEAD>§ 872.15   How does OSM distribute and award State share funds?</HEAD>
<P>(a) To be eligible to receive State share funds, you must meet the following criteria:
</P>
<P>(1) You must have and maintain an approved reclamation plan under part 884 of this chapter; and
</P>
<P>(2) You cannot be certified under section 411(a) of SMCRA.
</P>
<P>(b) If you meet the eligibility requirements in paragraph (a) of this section, we will distribute and award these State share funds to you as follows:
</P>
<P>(1) We annually distribute State share funds to you as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the Federal fiscal year(s) beginning . . .
</TH><TH class="gpotbl_colhed" scope="col">The amount of State share funds we annually distribute to you will be . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) October 1, 2007 and October 1, 2008</TD><TD align="left" class="gpotbl_cell">50 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) October 1, 2009 and October 1, 2010</TD><TD align="left" class="gpotbl_cell">75 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) October 1, 2011 and continuing through September 30, 2035</TD><TD align="left" class="gpotbl_cell">100 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) October 1, 2035 (fiscal year 2036)</TD><TD align="left" class="gpotbl_cell">The amount remaining in your State share of the Fund.</TD></TR></TABLE></DIV></DIV>
<P>(2) We award these funds to you in grants according to the provisions of part 886 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67634, Nov. 14, 2008, as amended at 87 FR 2345, Jan. 14, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 872.16" NODE="30:3.0.1.16.66.0.1.9" TYPE="SECTION">
<HEAD>§ 872.16   Are there any restrictions on how States may use State share funds?</HEAD>
<P>Yes. You may only use State share funds for:
</P>
<P>(a) Coal reclamation under § 874.12 of this chapter;
</P>
<P>(b) Water supply restoration under § 874.14 of this chapter;
</P>
<P>(c) Noncoal reclamation under § 875.12 of this chapter that is requested under section 409(c) of SMCRA;
</P>
<P>(d) Deposit into an acid mine drainage abatement and treatment fund under part 876 of this chapter;
</P>
<P>(e) Land acquisition under § 879.11 of this chapter; and
</P>
<P>(f) Maintenance of the AML inventory under section 403(c) of SMCRA.


</P>
</DIV8>


<DIV8 N="§ 872.17" NODE="30:3.0.1.16.66.0.1.10" TYPE="SECTION">
<HEAD>§ 872.17   What are Tribal share funds?</HEAD>
<P>“Tribal share funds” are moneys we distribute to you from your Tribal share of the Fund each Federal fiscal year under section 402(g)(1)(B) of SMCRA. Your Tribal share of the Fund is 50 percent of the reclamation fees we collected and allocated to you, the Indian tribe(s), in the Fund for coal produced in the previous fiscal year from the Indian lands in which you have an interest.


</P>
</DIV8>


<DIV8 N="§ 872.18" NODE="30:3.0.1.16.66.0.1.11" TYPE="SECTION">
<HEAD>§ 872.18   How will OSM distribute and award Tribal share funds?</HEAD>
<P>(a) To be eligible to receive Tribal share funds, you must meet the following criteria:
</P>
<P>(1) You must have and maintain an approved reclamation plan under part 884 of this chapter; and
</P>
<P>(2) You cannot be certified under section 411(a) of SMCRA.
</P>
<P>(b) If you meet the eligibility requirements in paragraph (a) of this section, we will distribute and award these Tribal share funds to you as follows:
</P>
<P>(1) We annually distribute Tribal share funds to you as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the Federal fiscal year(s) beginning . . .
</TH><TH class="gpotbl_colhed" scope="col">The amount of Tribal share funds we annually distribute to you will be . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) October 1, 2007 and October 1, 2008</TD><TD align="left" class="gpotbl_cell">50 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) October 1, 2009 and October 1, 2010</TD><TD align="left" class="gpotbl_cell">75 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) October 1, 2011 and continuing through September 30, 2035</TD><TD align="left" class="gpotbl_cell">100 percent of your 50 percent share of reclamation fees collected on prior fiscal year coal production.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) October 1, 2035 (fiscal year 2036)</TD><TD align="left" class="gpotbl_cell">The amount remaining in your Tribal share of the Fund.</TD></TR></TABLE></DIV></DIV>
<P>(2) We award these funds to you in grants according to the provisions of part 886 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67634, Nov. 14, 2008, as amended at 87 FR 2345, Jan. 14, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 872.19" NODE="30:3.0.1.16.66.0.1.12" TYPE="SECTION">
<HEAD>§ 872.19   Are there any restrictions on how Indian tribes may use Tribal share funds?</HEAD>
<P>Yes. You may only use Tribal share funds for:
</P>
<P>(a) Coal reclamation under § 874.12 of this chapter;
</P>
<P>(b) Water supply restoration under § 874.14 of this chapter;
</P>
<P>(c) Noncoal reclamation under § 875.12 of this chapter that is requested under section 409(c) of SMCRA;
</P>
<P>(d) Deposit into an acid mine drainage abatement and treatment fund under part 876 of this chapter;
</P>
<P>(e) Land acquisition under § 879.11 of this chapter; and
</P>
<P>(f) Maintenance of the AML inventory under section 403(c) of SMCRA.


</P>
</DIV8>


<DIV8 N="§ 872.20" NODE="30:3.0.1.16.66.0.1.13" TYPE="SECTION">
<HEAD>§ 872.20   What will OSM do with unappropriated AML funds currently allocated to the Rural Abandoned Mine Program ?</HEAD>
<P>Under section 402(h)(4)(B) of SMCRA, we will make available any moneys that remain allocated to RAMP and that were not appropriated or moved to other allocations before December 20, 2006, for possible transfer to the three United Mine Workers of America (UMWA) health care plans described in section 402(h)(2) of SMCRA.


</P>
</DIV8>


<DIV8 N="§ 872.21" NODE="30:3.0.1.16.66.0.1.14" TYPE="SECTION">
<HEAD>§ 872.21   What are historic coal funds?</HEAD>
<P>(a) “Historic coal funds” are moneys provided under section 402(g)(5) of SMCRA based on the amount of coal produced before August 3, 1977, in your State or on Indian lands in which you have an interest. Under the Surface Mining Control and Reclamation Act Amendments of 2006, which were enacted as Division C, Title II, Subtitle A of P.L. 109-432, each year we allocate and distribute 30 percent of annual AML fee collections for coal produced in the previous fiscal year plus 60 percent of any other revenue to the Fund as historic coal funds to supplement grants to States and Indian tribes.
</P>
<P>(b) Historic coal funds also include:
</P>
<P>(1) Moneys we reallocated under section 411(h)(1)(A)(ii) of SMCRA, which will be available to supplement grants beginning with Federal fiscal year 2036; and
</P>
<P>(2) Moneys we reallocate based on certified in lieu funds distributed under sections 401(f)(3)(A)(i) and 411(h)(4) of SMCRA and § 872.32 of this chapter, which will be available to supplement grants in Federal fiscal years 2009 through 2035.
</P>
<CITA TYPE="N">[73 FR 67634, Nov. 14, 2008, as amended at 87 FR 2345, Jan. 14, 2022; 90 FR 52864, Nov. 24, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 872.22" NODE="30:3.0.1.16.66.0.1.15" TYPE="SECTION">
<HEAD>§ 872.22   How does OSM distribute and award historic coal funds?</HEAD>
<P>(a) To be eligible to receive historic coal funds, you must meet the following criteria:
</P>
<P>(1) You must have and maintain an approved reclamation plan under part 884 of this chapter;
</P>
<P>(2) You cannot be certified under section 411(a) of SMCRA; and
</P>
<P>(3) You must have unfunded Priority 1 and 2 coal problems remaining under sections 403(a)(1) and (2) of SMCRA.
</P>
<P>(b) If you meet the eligibility requirements in paragraph (a) of this section, we distribute these moneys to you using a formula based on the amount of coal historically produced before August 3, 1977, in your State or from the Indian lands concerned.
</P>
<P>(c) We annually distribute historic coal funds to you as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For the Federal fiscal years beginning . . .
</TH><TH class="gpotbl_colhed" scope="col">The amount of historic coal funds we annually distribute to you will be . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) October 1, 2007 and October 1, 2008</TD><TD align="left" class="gpotbl_cell">50 percent of the amount we calculate using the formula described in paragraph (b) of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) October 1, 2009 and October 1, 2010</TD><TD align="left" class="gpotbl_cell">75 percent of the amount we calculated using the formula described in paragraph (b) of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) October 1, 2011 and continuing through September 30, 2035</TD><TD align="left" class="gpotbl_cell">100 percent of the amount we calculate using the formula described in paragraph (b) of this section.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) October 1, 2035 (fiscal year 2036), and thereafter</TD><TD align="left" class="gpotbl_cell">100 percent of the amount we calculate using the formula described in paragraph (b) of this section until funds are no longer available or you have reclaimed your remaining Priority 1 and 2 coal problems.</TD></TR></TABLE></DIV></DIV>
<P>(d) In any given year, we will only distribute to you the historic coal funds that you need to reclaim your unfunded Priority 1 or 2 coal problems. Your distribution of State or Tribal share funds under § 872.14 or § 872.17 plus your distribution of historic coal funds along with unused funds from prior allocations could be more than you need to reclaim your remaining high priority problems. If that occurs, we will reduce the historic coal funds we distribute to you to the amount that you need to fully fund reclamation of all your remaining Priority 1 or 2 coal problems.
</P>
<P>(e) We award these funds to you in grants according to the provisions of part 886 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67634, Nov. 14, 2008, as amended at 87 FR 2346, Jan. 14, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 872.23" NODE="30:3.0.1.16.66.0.1.16" TYPE="SECTION">
<HEAD>§ 872.23   Are there any restrictions on how you may use historic coal funds?</HEAD>
<P>Yes. You may only use historic coal funds for:
</P>
<P>(a) Coal reclamation under § 874.12 of this chapter;
</P>
<P>(b) Water supply restoration under § 874.14 of this chapter;
</P>
<P>(c) Noncoal reclamation under § 875.12 of this chapter that is requested under section 409(c) of SMCRA;
</P>
<P>(d) Deposit into an acid mine drainage abatement and treatment fund under part 876 of this chapter;
</P>
<P>(e) Land acquisition under § 879.11 of this chapter; and
</P>
<P>(f) Maintenance of the AML inventory under section 403(c) of SMCRA.


</P>
</DIV8>


<DIV8 N="§ 872.24" NODE="30:3.0.1.16.66.0.1.17" TYPE="SECTION">
<HEAD>§ 872.24   What are Federal expense funds?</HEAD>
<P>“Federal expense funds” are moneys available in the Fund that are not allocated or distributed as State share funds (§ 872.14), Tribal share funds (§ 872.17), historic coal funds (§ 872.21), or minimum program make up funds (§ 872.26). Congress must appropriate Federal expense funds before we may expend them.


</P>
</DIV8>


<DIV8 N="§ 872.25" NODE="30:3.0.1.16.66.0.1.18" TYPE="SECTION">
<HEAD>§ 872.25   Are there any restrictions on how OSM may use Federal expense funds?</HEAD>
<P>(a) We may use Federal expense funds only for the purposes in sections 402(g)(3)(A) through (D) and 402(g)(4) of SMCRA, which include the following:
</P>
<P>(1) The Small Operator Assistance Program under section 507(c) of SMCRA (not more than $10 million annually);
</P>
<P>(2) Emergency projects under State, Tribal, and Federal programs under section 410 of SMCRA;
</P>
<P>(3) Nonemergency projects in States and on lands within the jurisdiction of Indian tribes that do not have an approved abandoned mine reclamation program under section 405 of SMCRA;
</P>
<P>(4) The Secretary's administration of Title IV of SMCRA and this subchapter; and
</P>
<P>(5) Projects authorized under section 402(g)(4) in States and on lands within the jurisdiction of Indian tribes that do not have an approved abandoned mine reclamation program under section 405 of SMCRA.
</P>
<P>(b) We will not deduct moneys that we have annually allocated or distributed as Federal expense funds under sections 402(g)(3)(A) through (D) or (4) of SMCRA for any State or Indian tribe from moneys we annually allocate or distribute to a State or Indian tribe under the authority of sections 402(g)(1) or (5) of SMCRA.
</P>
<P>(c) We expend moneys under the authority in section 402(g)(3)(C) of SMCRA only in States or on Indian lands where the State or Indian tribe does not have an abandoned mine reclamation program approved under section 405 of SMCRA.


</P>
</DIV8>


<DIV8 N="§ 872.26" NODE="30:3.0.1.16.66.0.1.19" TYPE="SECTION">
<HEAD>§ 872.26   What are minimum program make up funds?</HEAD>
<P>(a) “Minimum program make up funds” are additional moneys we distribute each Federal fiscal year to eligible States and Indian tribes to make up the difference between their total distribution of other funds and $3 million. The source of these funds is moneys in the Secretary's 20 percent share of the Fund that are authorized for mandatory distribution.
</P>
<P>(b) To be eligible to receive funds under this section, you must meet the following criteria:
</P>
<P>(1) You must have and maintain an approved reclamation plan under part 884 of this chapter;
</P>
<P>(2) You cannot have certified under section 411(a) of SMCRA;
</P>
<P>(3) The total amount you receive annually from State share funds (§ 872.14) or Tribal share funds (§ 872.17) and historic coal funds (§ 872.21) must be less than $3 million; and
</P>
<P>(4) You must need more than the total of funds you will receive from State or Tribal share and historic coal funds to reclaim Priority 1 and 2 coal problems under sections 403(a)(1) and (2) of SMCRA in your State or on Indian lands within your jurisdiction.
</P>
<P>(c) We will make funds available to the States of Missouri and Tennessee under this section to reclaim Priority 1 and 2 coal problems included in the AML inventory, provided each State has a reclamation plan approved under part 884 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67634, Nov. 14, 2008, as amended at 90 FR 52864, Nov. 24, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 872.27" NODE="30:3.0.1.16.66.0.1.20" TYPE="SECTION">
<HEAD>§ 872.27   How does OSM distribute and award minimum program make up funds?</HEAD>
<P>(a) If you meet the eligibility requirements in § 872.26(b), we will distribute these minimum program make up funds to you as follows:
</P>
<P>(1) We calculate your total distribution under this part by adding your applicable State or Tribal share funds distribution (§ 872.14 or § 872.17) and your historic coal funds distribution (§ 872.21). If the sum of these funds is less than $3 million, we calculate the amount of minimum program make up funds to add to your distribution under this section to increase it to that level.
</P>
<P>(2) For each Federal fiscal year, we add minimum program make up funds to your combined distribution of State or Tribal share and historic coal funds as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For each of the Federal fiscal years beginning . . .
</TH><TH class="gpotbl_colhed" scope="col">The amount of minimum program make up funds we add to your distribution will be . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) October 1, 2011 and continuing through September 30, 2035</TD><TD align="left" class="gpotbl_cell">100 percent of the amount that we calculated should be added under paragraph (a)(1) of this section as long as you have at least $3 million of Priority 1 and 2 coal problems remaining.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) October 1, 2035 and thereafter</TD><TD align="left" class="gpotbl_cell">to the extent funds are available, 100 percent of the amount that we calculated should be added under paragraph (a)(1) until you have less than $3 million of Priority 1 and 2 coal problems remaining.</TD></TR></TABLE></DIV></DIV>
<P>(b) We award these funds to you in grants according to the provisions of part 886 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67634, Nov. 14, 2008, as amended at 87 FR 2346, Jan. 14, 2022; 90 FR 52862, Nov. 24, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 872.28" NODE="30:3.0.1.16.66.0.1.21" TYPE="SECTION">
<HEAD>§ 872.28   Are there any restrictions on how you may use minimum program make up funds?</HEAD>
<P>Yes. You may only use minimum program make up funds for:
</P>
<P>(a) Priority 1 and 2 coal reclamation under sections 403(a)(1) and (2) of SMCRA;
</P>
<P>(b) Priority 3 reclamation that is part of Priority 1 or 2 coal reclamation under sections 403(a)(1) or (2) of SMCRA and § 874.13 of this chapter; 














</P>
</DIV8>


<DIV8 N="§ 872.32" NODE="30:3.0.1.16.66.0.1.22" TYPE="SECTION">
<HEAD>§ 872.32   What are certified in lieu funds?</HEAD>
<P>“Certified in lieu funds” are moneys that we distribute to you, the certified State or Indian tribe, in lieu of moneys allocated to your State or Tribal share of the Fund after October 1, 2007. Certified in lieu funds come from general funds of the United States Treasury that are otherwise unappropriated. Beginning with the 2009 Federal fiscal year which starts on October 1, 2008, we distribute certified in lieu funds to you under section 411(h)(2) of SMCRA.


</P>
</DIV8>


<DIV8 N="§ 872.33" NODE="30:3.0.1.16.66.0.1.23" TYPE="SECTION">
<HEAD>§ 872.33   How does OSM distribute and award certified in lieu funds?</HEAD>
<P>(a) You must be certified under section 411(a) of SMCRA to receive certified in lieu funds.
</P>
<P>(b) If you meet the eligibility requirement in paragraph (a) of this section, we distribute these certified in lieu funds to you as follows:
</P>
<P>(1) Starting in the Federal fiscal year that begins on October 1, 2008, we annually distribute funds to you based on 50 percent of reclamation fees received for coal produced during the previous Federal fiscal year in your State or on Indian lands within your jurisdiction;
</P>
<P>(2) The funds we annually distribute to you are in lieu of moneys we otherwise would distribute to you from State share funds under § 872.14 or Tribal share funds under § 872.17 had you not been excluded from receiving those funds under section 401(f)(3)(B) of SMCRA; and
</P>
<P>(3) Subject to § 872.35, we annually distribute certified in lieu funds to you as shown in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">In the Federal fiscal year(s) beginning on . . .
</TH><TH class="gpotbl_colhed" scope="col">The amount of certified in lieu funds we annually distribute to you will be equal to . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) October 1, 2008</TD><TD align="left" class="gpotbl_cell">25 percent of your 50 percent share of annual reclamation fee collections.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) October 1, 2009</TD><TD align="left" class="gpotbl_cell">50 percent of your 50 percent share of annual reclamation fee collections.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) October 1, 2010</TD><TD align="left" class="gpotbl_cell">75 percent of your 50 percent share of annual reclamation fee collections.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) October 1, 2011, and thereafter</TD><TD align="left" class="gpotbl_cell">100 percent of your 50 percent share of annual reclamation fee collections.</TD></TR></TABLE></DIV></DIV>
<P>(c) We award these funds to you in grants according to the provisions of part 885 of this chapter.
</P>
<P>(d) At the same time we distribute certified in lieu funds to you under this section, we transfer the same amount to historic coal funds and make those funds available for annual grants under § 872.21 that same Federal fiscal year. We allocate, distribute, and award the transferred funds according to the provisions of §§ 872.21, 872.22, and 872.23.
</P>
<P>(e) We will distribute to you the amounts we withhold under paragraph (b) of this section in two equal annual installments. We will do this in Federal fiscal years 2018 and 2019.


</P>
</DIV8>


<DIV8 N="§ 872.34" NODE="30:3.0.1.16.66.0.1.24" TYPE="SECTION">
<HEAD>§ 872.34   Are there any restrictions on how you may use certified in lieu funds?</HEAD>
<P>There are no limitations or restrictions on the use of certified in lieu funds in the Surface Mining Control and Reclamation Act Amendments of 2006 which were enacted as Division C, Title II, Subtitle A of P.L. 109-432.


</P>
</DIV8>


<DIV8 N="§ 872.35" NODE="30:3.0.1.16.66.0.1.25" TYPE="SECTION">
<HEAD>§ 872.35   When will OSM reduce the amount of prior balance replacement funds or certified in lieu funds distributed to you?</HEAD>
<P>(a) In any fiscal year in which the amount of Treasury funds required to be transferred under § 872.33 of this chapter and under section 402(i)(1) of SMCRA exceeds the maximum annual limit of $750 million, we will adjust the amount of these payments to reduce them to the level of the cap. Each distribution or transfer for the FY will be reduced by the same percentage.
</P>
<P>(b) We will not include amounts under section 402(h)(5)(A) as part of this calculation. 
</P>
<CITA TYPE="N">[73 FR 67634, Nov. 14, 2008, as amended at 90 FR 52864, Nov. 24, 2025]




</CITA>
</DIV8>

</DIV5>


<DIV5 N="873" NODE="30:3.0.1.16.67" TYPE="PART">
<HEAD>PART 873—FUTURE RECLAMATION SET-ASIDE PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>59 FR 28170, May 31, 1994, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 873.1" NODE="30:3.0.1.16.67.0.1.1" TYPE="SECTION">
<HEAD>§ 873.1   Scope.</HEAD>
<P>This part provides requirements for the award of grants to States or Indian tribes for the establishment of special trust accounts that will provide funds for coal reclamation purposes after September 30, 1995.


</P>
</DIV8>


<DIV8 N="§ 873.11" NODE="30:3.0.1.16.67.0.1.2" TYPE="SECTION">
<HEAD>§ 873.11   Applicability.</HEAD>
<P>The provisions of this part apply to funds awarded, as defined in § 872.5 of this chapter, under section 402(g)(6)(A) of SMCRA before its amendment on December 20, 2006, and their use by the States or Indian tribes for coal reclamation purposes after September 30, 1995.
</P>
<CITA TYPE="N">[73 FR 67638, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 873.12" NODE="30:3.0.1.16.67.0.1.3" TYPE="SECTION">
<HEAD>§ 873.12   Future set-aside program criteria.</HEAD>
<P>(a) Any State or Indian tribe may receive and retain, without regard to the limitation referred to in section 402(g)(1)(D) of SMCRA, up to 10 percent of the total of the funds distributed annually to such State or Indian tribe under sections 402(g)(1) and (5) of SMCRA for a future set-aside fund if such amounts were awarded before December 20, 2006. The State or Indian tribe must deposit all set-aside funds awarded into a special fund established under State or Indian tribal law. The State or Indian tribe must expend amounts awarded (together with all interest earned on such amounts) solely to achieve the priorities stated in section 403(a) of SMCRA.
</P>
<P>(b) Moneys the State or Indian tribe deposited in the special fund account, together with any interest earned, are considered State or Indian tribal moneys.
</P>
<CITA TYPE="N">[73 FR 67638, Nov. 14, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="874" NODE="30:3.0.1.16.68" TYPE="PART">
<HEAD>PART 874—GENERAL RECLAMATION REQUIREMENTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 28596, June 30, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 874.1" NODE="30:3.0.1.16.68.0.1.1" TYPE="SECTION">
<HEAD>§ 874.1   Scope.</HEAD>
<P>This part establishes land and water eligibility requirements, reclamation objectives and priorities, and reclamation contractor responsibility.
</P>
<CITA TYPE="N">[59 FR 28171, May 31, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 874.5" NODE="30:3.0.1.16.68.0.1.2" TYPE="SECTION">
<HEAD>§ 874.5   Definitions.</HEAD>
<P>As used in this Part—
</P>
<P><I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67638, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 874.10" NODE="30:3.0.1.16.68.0.1.3" TYPE="SECTION">
<HEAD>§ 874.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of part 874 and assigned it control number 1029-0113. This information is used to ensure that appropriate reclamation projects involving the incidental extraction of coal are conducted under the authority of section 528(2) of SMCRA and that selected projects contain sufficient environmental safeguards. Persons must respond to obtain a benefit. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<CITA TYPE="N">[73 FR 67639, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 874.11" NODE="30:3.0.1.16.68.0.1.4" TYPE="SECTION">
<HEAD>§ 874.11   Applicability.</HEAD>
<P>You must comply with the requirements in this part for—
</P>
<P>(a) Reclamation projects using moneys from the Fund; or
</P>
<P>(b) Coal reclamation projects by certified States and Indian tribes required to maintain certification under section 411(a) of SMCRA and the agreement required by §§ 875.13(a)(3) and 875.14(b) of this chapter to maintain that certification.
</P>
<CITA TYPE="N">[90 FR 54583, Nov. 28, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 874.12" NODE="30:3.0.1.16.68.0.1.5" TYPE="SECTION">
<HEAD>§ 874.12   Eligible coal lands and water.</HEAD>
<P>Coal lands and water are eligible for reclamation activities if—
</P>
<P>(a) They were mined for coal or affected by coal mining processes;
</P>
<P>(b) They were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition; and
</P>
<P>(c) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal government, or as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the Fund may be used.
</P>
<P>(d) Notwithstanding paragraphs (a), (b), and (c) of this section, coal lands and waters in a State or on Indian lands damaged and abandoned after August 3, 1977, by coal mining processes are also eligible for funding if the Secretary finds in writing that:
</P>
<P>(1) They were mined for coal or affected by coal mining processes; and
</P>
<P>(2) The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977, and:
</P>
<P>(i) The date on which the Secretary approved a State regulatory program pursuant to section 503 of the Act (30 U.S.C. 1253) for a State or September 28, 1994, for an Indian tribe, and that any funds for reclamation or abatement that are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or
</P>
<P>(ii) November 5, 1990, that the surety of the mining operator became insolvent during such period and that, as of November 5, 1990, funds immediately available from proceedings relating to such insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and
</P>
<P>(3) The site qualifies as a priority 1 or 2 site pursuant to section 403(a)(1) and (2) of the Act. Priority will be given to those sites that are in the immediate vicinity of a residential area or that have an adverse economic impact upon a community.
</P>
<P>(e) An uncertified State or Indian tribe may expend funds made available under paragraphs 402(g)(1) and (5) of SMCRA for the reclamation and abatement of any site eligible under paragraph (d) of this section, if the State or Indian tribe, with the concurrence of the Secretary, makes the findings required in paragraph (d) of this section and the State or Indian tribe determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for the lands and water eligible under paragraphs (a), (b), or (c) of this section that qualify as a Priority 1 or 2 site under section 403(a) of SMCRA.
</P>
<P>(f) With respect to lands eligible under paragraph (d) or (e) of this section, moneys available from sources outside the Fund or that are ultimately recovered from responsible parties must either be used to offset the cost of the reclamation or transferred to the Fund if not required for further reclamation activities at the permitted site.
</P>
<P>(g) If reclamation of a site covered by an interim or permanent program permit is carried out under the Abandoned Mine Land Program, the permittee of the site shall reimburse the Abandoned Mine Land Fund for the cost of reclamation that is in excess of any bond forfeited to ensure reclamation. Neither the Secretary nor a State or Indian tribe performing reclamation under paragraph (d) or (e) of this section shall be held liable for any violations of any performance standards or reclamation requirements specified in Title V of the Act nor shall a reclamation activity undertaken on such lands or waters be held to any standards set forth in Title V of the Act.
</P>
<P>(h) Surface coal mining operations on lands eligible for remining pursuant to section 404 of the Act shall not affect the eligibility of such lands for reclamation activities after the release of the bonds or deposits posted by any such operation as provided by § 800.40 of this chapter. If the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds available under this title may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that if conditions warrant the Secretary shall immediately exercise his/her authority under section 410 of the Act.
</P>
<CITA TYPE="N">[47 FR 28596, June 30, 1982, as amended at 59 FR 28171, May 31, 1994; 73 FR 67639, Nov. 14, 2008; 90 FR 52864, Nov. 24, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 874.13" NODE="30:3.0.1.16.68.0.1.6" TYPE="SECTION">
<HEAD>§ 874.13   Reclamation objectives and priorities.</HEAD>
<P>(a) When you conduct reclamation projects under this part you may follow OSM's “Final Guidelines for Reclamation Programs and Projects” (66 FR 31250, June 11, 2001) and the expenditures must reflect the following priorities in the order stated:
</P>
<P>(1) <I>Priority 1:</I> The protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, including the restoration of land and water resources and the environment that:
</P>
<P>(i) Have been degraded by the adverse effects of coal mining practices; and
</P>
<P>(ii) Are adjacent to a site that has been or will be addressed to protect the public health, safety, and property from extreme danger of adverse effects of coal mining practices.
</P>
<P>(2) <I>Priority 2:</I> The protection of public health and safety from adverse effects of coal mining practices, including the restoration of land and water resources and the environment that:
</P>
<P>(i) Have been degraded by the adverse effects of coal mining practices; and
</P>
<P>(ii) Are adjacent to a site that has been or will be addressed to protect the public health and safety from adverse effects of coal mining practices.
</P>
<P>(3) <I>Priority 3:</I> The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity. Priority 3 land and water resources that are geographically contiguous with existing or remediated Priority 1 or 2 problems will be considered adjacent under paragraphs (a)(1)(ii) or (a)(2)(ii) of this section.
</P>
<P>(b) This paragraph applies to State or Tribal share funds available under §§ 872.14 and 872.17 of this chapter and historic coal funds available under § 872.21 of this chapter. You may expend these funds to reclaim Priority 3 lands and waters, if either of the following conditions applies:
</P>
<P>(1) You have completed all of the Priority 1 and Priority 2 reclamation in the jurisdiction of your State or Indian tribe; or
</P>
<P>(2) The expenditure for Priority 3 reclamation is made in conjunction with the expenditure of funds for Priority 1 or Priority 2 reclamation projects including past, current, and future Priority 1 or Priority 2 reclamation projects. Expenditures under this paragraph must either:
</P>
<P>(i) Facilitate the Priority 1 or Priority 2 reclamation; or
</P>
<P>(ii) Provide reasonable savings towards the objective of reclaiming all Priority 3 land and water problems within the jurisdiction of your State or Indian tribe.
</P>
<CITA TYPE="N">[73 FR 67639, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 874.14" NODE="30:3.0.1.16.68.0.1.7" TYPE="SECTION">
<HEAD>§ 874.14   Water supply restoration.</HEAD>
<P>(a) Any State or Indian tribe that has not certified completion of all coal-related reclamation under section 411(a) of SMCRA may expend funds under §§ 872.16, 872.19, 872.23, and 872.31 of this chapter for water supply restoration projects. For purposes of this section, “water supply restoration projects” are those that protect, repair, replace, construct, or enhance facilities related to water supplies, including water distribution facilities and treatment plants that have been adversely affected by coal mining practices. For funds awarded before December 20, 2006, any uncertified State or Indian tribe may expend up to 30 percent of the funds distributed to it for water supply restoration projects.
</P>
<P>(b) If the adverse effect on water supplies referred to in this section occurred both prior to and after August 3, 1977, the project shall remain eligible, notwithstanding the criteria specified in 30 CFR 874.12(b), if the State or Indian tribe finds in writing, as part of its eligibility opinion, that such adverse affects are due predominately to effects of mining processes undertaken and abandoned prior to August 3, 1977.
</P>
<P>(c) If the adverse effect on water supplies referred to in this section occurred both prior to and after the dates (and under the criteria) set forth under section 402(g)(4)(B) of the Act, the project shall remain eligible, notwithstanding the criteria specified in 30 CFR 874.12(b), if the State or Indian tribe finds in writing, as part of its eligibility opinion, that such adverse effects are due predominately to the effects of mining processes undertaken and abandoned prior to those dates.
</P>
<P>(d) Enhancement of facilities or utilities under this section shall include upgrading necessary to meet any local, State, or Federal public health or safety requirement. Enhancement shall not include, however, any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.
</P>
<CITA TYPE="N">[59 FR 28171, May 31, 1994, as amended at 73 FR 67639, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 874.15" NODE="30:3.0.1.16.68.0.1.8" TYPE="SECTION">
<HEAD>§ 874.15   Limited liability.</HEAD>
<P>No State or Indian tribe shall be liable under any provision of Federal law for any costs or damages as a result of action taken or omitted in the course of carrying out an approved State or Indian tribe abandoned mine reclamation plan. This section shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the State or Indian tribe. For purposes of this section, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional misconduct.
</P>
<CITA TYPE="N">[59 FR 28172, May 31, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 874.16" NODE="30:3.0.1.16.68.0.1.9" TYPE="SECTION">
<HEAD>§ 874.16   Contractor eligibility.</HEAD>
<P>To receive moneys from the Fund or Treasury funds provided to uncertified States and Indian tribes under § 872.29 of this chapter or to certified States or Indian tribes for coal AML reclamation as required to maintain certification under section 411(a) of SMCRA, every successful bidder for an AML contract must be eligible under §§ 773.12, 773.13, and 773.14 of this chapter at the time of contract award to receive a permit or be provisionally issued a permit to conduct surface coal mining operations. 
</P>
<CITA TYPE="N">[73 FR 67639, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 874.17" NODE="30:3.0.1.16.68.0.1.10" TYPE="SECTION">
<HEAD>§ 874.17   AML agency procedures for reclamation projects receiving less than 50 percent government funding.</HEAD>
<P>This section tells you, the AML agency, what to do when considering an abandoned mine land reclamation project as government-financed construction under part 707 of this chapter. This section only applies if the level of funding for the construction will be less than 50 percent of the total cost because of planned coal extraction.
</P>
<P>(a) <I>Consultation with the Title V regulatory authority.</I> In consultation with the Title V regulatory authority, you must make the following determinations:
</P>
<P>(1) You must determine the likelihood of the coal being mined under a Title V permit. This determination must take into account available information such as:
</P>
<P>(i) Coal reserves from existing mine maps or other sources;
</P>
<P>(ii) Existing environmental conditions;
</P>
<P>(iii) All prior mining activity on or adjacent to the site;
</P>
<P>(iv) Current and historic coal production in the area; and
</P>
<P>(v) Any known or anticipated interest in mining the site.
</P>
<P>(2) You must determine the likelihood that nearby or adjacent mining activities might create new environmental problems or adversely affect existing environmental problems at the site.
</P>
<P>(3) You must determine the likelihood that reclamation activities at the site might adversely affect nearby or adjacent mining activities.
</P>
<P>(b) <I>Concurrence with the Title V regulatory authority.</I> If, after consulting with the Title V regulatory authority, you decide to proceed with the reclamation project, then you and the Title V regulatory authority must concur in the following determinations:
</P>
<P>(1) You must concur in a determination of the limits on any coal refuse, coal waste, or other coal deposits which can be extracted under the part 707 exemption or counterpart State/Indian Tribe laws and regulations.
</P>
<P>(2) You must concur in the delineation of the boundaries of the AML project.
</P>
<P>(c) <I>Documentation.</I> You must include in the AML case file:
</P>
<P>(1) The determinations made under paragraphs (a) and (b) of this section;
</P>
<P>(2) The information taken into account in making the determinations; and
</P>
<P>(3) The names of the parties making the determinations.
</P>
<P>(d) <I>Special requirements.</I> For each project, you must:
</P>
<P>(1) Characterize the site in terms of mine drainage, active slides and slide-prone areas, erosion and sedimentation, vegetation, toxic materials, and hydrologic balance;
</P>
<P>(2) Ensure that the reclamation project is conducted in accordance with the provisions of 30 CFR subchapter R;
</P>
<P>(3) Develop specific-site reclamation requirements, including performance bonds when appropriate in accordance with State procedures; and
</P>
<P>(4) Require the contractor conducting the reclamation to provide prior to the time reclamation begins applicable documents that clearly authorize the extraction of coal and payment of royalties.
</P>
<P>(e) <I>Limitation.</I> If the reclamation contractor extracts coal beyond the limits of the incidental coal specified in paragraph (b)(1) of this section, the contractor must obtain a permit under Title V of SMCRA for such coal.
</P>
<CITA TYPE="N">[64 FR 7483, Feb. 12, 1999]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="875" NODE="30:3.0.1.16.69" TYPE="PART">
<HEAD>PART 875—CERTIFICATION AND NONCOAL RECLAMATION
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 28596, June 30, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 875.1" NODE="30:3.0.1.16.69.0.1.1" TYPE="SECTION">
<HEAD>§ 875.1   Scope.</HEAD>
<P>This part establishes land and water eligibility requirements and for noncoal reclamation.


</P>
</DIV8>


<DIV8 N="§ 875.5" NODE="30:3.0.1.16.69.0.1.2" TYPE="SECTION">
<HEAD>§ 875.5   Definitions.</HEAD>
<P>As used in this part—
</P>
<P><I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67640, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 875.10" NODE="30:3.0.1.16.69.0.1.3" TYPE="SECTION">
<HEAD>§ 875.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of part 875 and assigned it control number 1029-0103. This information establishes procedures and requirements for State and Indian tribes to conduct noncoal reclamation under abandoned mine land funding. The information is needed to assure compliance with SMCRA and the Omnibus Budget Reconciliation Act of 1990. Persons must respond to obtain a benefit. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<CITA TYPE="N">[73 FR 67640, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 875.11" NODE="30:3.0.1.16.69.0.1.4" TYPE="SECTION">
<HEAD>§ 875.11   Applicability.</HEAD>
<P>(a) If you are a State or Indian tribe that has not certified under section 411(a) of SMCRA, you must follow these noncoal reclamation requirements when you use State share funds under § 872.16, Tribal share funds under § 872.19, or historic coal funds under § 872.23 to conduct reclamation projects on lands or water affected by mining of minerals and materials other than coal.
</P>
<P>(b) If you are a State or Indian tribe that has certified under section 411(a) of the Act—
</P>
<P>(1) You must use State share or Tribal share funds distributed to you under section 402(g)(1) of the Act before October 1, 2007, in accordance with this part; and
</P>
<P>(2) You may use certified in lieu funds distributed to you under section 411(h)(2) of the Act to—
</P>
<P>(i) Maintain certification as required by §§ 875.13 and 875.14 of this part; or
</P>
<P>(ii) Conduct a noncoal reclamation project in accordance with the requirements of this part.
</P>
<CITA TYPE="N">[73 FR 67640, Nov. 14, 2008, as amended at 80 FR 6446, Feb. 5, 2015; 90 FR 52865, Nov. 24, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 875.12" NODE="30:3.0.1.16.69.0.1.5" TYPE="SECTION">
<HEAD>§ 875.12   Eligible lands and water prior to certification.</HEAD>
<P>Noncoal lands and water are eligible for reclamation if:
</P>
<P>(a) They were mined or affected by mining processes;
</P>
<P>(b) They were mined and left or abandoned in either an unreclaimed or inadequately reclaimed condition prior to August 3, 1977;
</P>
<P>(c) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal Government or by the State as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, moneys sufficient to complete the reclamation may be sought under part 886 of this chapter;
</P>
<P>(d) The reclamation has been requested by the Governor of the State or equivalent head of the Indian tribe; and
</P>
<P>(e) The reclamation is necessary to protect the public health, safety, general welfare, and property from extreme danger of adverse effects of noncoal mining practices.
</P>
<CITA TYPE="N">[59 FR 28172, May 31, 1994, as amended at 73 FR 67640, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 875.13" NODE="30:3.0.1.16.69.0.1.6" TYPE="SECTION">
<HEAD>§ 875.13   Certification of completion of coal sites.</HEAD>
<P>(a) The Governor of a State, or the equivalent head of an Indian tribe, may submit to the Secretary a certification of completion of coal sites. The certification must express the finding that the State or Indian tribe has achieved all existing known coal-related reclamation objectives for eligible lands and waters under section 404 of SMCRA or has instituted the necessary processes to reclaim any remaining coal related problems. In addition to the above finding, the certification of completion must contain:
</P>
<P>(1) A description of both the rationale and the process used to arrive at the above finding for the completion of all coal-related reclamation under section 403(a)(1) through (3).
</P>
<P>(2) A brief summary and resolution of all relevant public comments concerning coal-related impacts, problems, and reclamation projects received by the State or Indian tribe prior to preparation of the certification of completion.
</P>
<P>(3) A State or Indian tribe agreement to acknowledge and give top priority to any coal-related problem(s) that may be found or occur after submission of the certification of completion and during the life of the approved abandoned mine reclamation program.
</P>
<P>(b) After review and verification of the information contained in the certification of completion, the Director shall provide notice in the <E T="04">Federal Register</E> and opportunity for public comment. After receipt and evaluation of all public comments and a determination by the Director that the certification is correct, the Director shall concur with the certification and provide final notice of such concurrence in the <E T="04">Federal Register.</E> This concurrence shall be based upon the State's or Indian tribes commitment to give top priority to any coal problem which may thereafter be found or occur.
</P>
<P>(c) Following concurrence by the Director, a State or Indian tribe may implement a noncoal reclamation program pursuant to provisions in section 411 of SMCRA.
</P>
<P>(d) The Director may, on his or her own initiative, make the certification referred to in paragraph (a) of this section on behalf of your State or Indian tribe if:
</P>
<P>(1) Based upon information contained in the AML inventory, the Director determines that all coal reclamation projects meeting the priorities described in § 874.13(a) of this chapter in the jurisdiction of your State or Indian tribe have been completed; and
</P>
<P>(2) Before making any determination, the Director provides the public an opportunity to comment through a notice in the <E T="04">Federal Register.</E>
</P>
<CITA TYPE="N">[59 FR 28172, May 31, 1994, as amended at 73 FR 67640, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 875.14" NODE="30:3.0.1.16.69.0.1.7" TYPE="SECTION">
<HEAD>§ 875.14   Eligible lands and water after certification.</HEAD>
<P>(a) Following certification, eligible noncoal lands, waters, and facilities are those—
</P>
<P>(1) Which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status before August 3, 1977. However, for Federal lands, waters, and facilities under the jurisdiction of the Forest Service, the eligibility date is August 28, 1974. For Federal lands, waters and facilities under the jurisdiction of the Bureau of Land Management, the eligibility date is November 26, 1980; and
</P>
<P>(2) For which there is no continuing reclamation responsibility under State or other Federal laws.
</P>
<P>(b) If eligible coal problems are found or occur after certification, you must submit to us a plan that describes the approach and funds that will be used to address those problems in a timely manner. You may address any eligible coal problems with the certified in lieu funds that you have already received or will receive from § 872.32 of this chapter. Any coal reclamation projects that you do must conform to sections 401 through 410 of SMCRA and part 874 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67640, Nov. 14, 2008, as amended at 90 FR 52865, Nov. 24, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 875.15" NODE="30:3.0.1.16.69.0.1.8" TYPE="SECTION">
<HEAD>§ 875.15   Reclamation priorities for noncoal program.</HEAD>
<P>(a) This section applies to reclamation projects involving the restoration of lands and water adversely affected by past mineral mining; projects involving the protection, repair, replacement, construction, or enhancement of utilities (such as those relating to water supply, roads, and other such facilities serving the public adversely affected by mineral mining and processing practices); and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices.
</P>
<P>(b) Following certification pursuant to § 875.13, the projects and construction of public facilities identified in paragraph (a) of this section shall reflect the following priorities in the order stated:
</P>
<P>(1) The protection of public health, safety, general welfare and property from the extreme danger of adverse effects of mineral mining and processing practices;
</P>
<P>(2) The protection of public health, safety, and general welfare from the adverse effects of mineral mining and processing practices; and
</P>
<P>(3) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.
</P>
<P>(c) Enhancement of facilities or utilities shall include upgrading necessary to meet local, State, or Federal public health or safety requirements. Enhancement shall not include, however, any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.
</P>
<P>(d) Notwithstanding the requirements specified in paragraph (b) of this section, where the Governor of a State or the equivalent head of an Indian tribe, after determining that there is a need for activities or construction of specific public facilities related to the coal or minerals industry in States or on Tribal lands impacted by coal or minerals development, submits a grant application as required by paragraph (e) of this section and the Director concurs in such need, as set forth in paragraph (f) of this section, the Director may grant funds made available under section 402(g)(1) of the Act, 30 U.S.C. 1232, to carry out such activities or construction.
</P>
<P>(e) To qualify for funding pursuant to the authority in paragraph (d) of this section, a State or Indian tribe must submit a grant application that specifically sets forth:
</P>
<P>(1) The need or urgency for the activity or the construction of the public facility;
</P>
<P>(2) The expected impact the project will have on the coal or minerals industry in the State or Indian tribe;
</P>
<P>(3) The availability of funding from other sources and, if other funding is provided, its percentage of the total costs involved;
</P>
<P>(4) Documentation from other local, State, and Federal agencies with oversight for such utilities or facilities regarding what funding resources they have available and why this specific project is not being fully funded by their agency;
</P>
<P>(5) The impact on the State or Indian tribe, the public, and the minerals industry if the activity or facility is not funded;
</P>
<P>(6) The reason why this project should be selected before a priority project relating to the protection of the public health and safety or the environment from the damages caused by past mining activities; and
</P>
<P>(7) An analysis and review of the procedures used by the State or Indian tribe to notify and involve the public in this funding request and a copy of all comments received and their resolution by the State or Indian tribe.
</P>
<P>(f) After review of the information contained in the application, the Director will, if necessary to ensure adequate public notification, prepare a <E T="04">Federal Register</E> notice regarding the State's or Indian Tribe's submission and provide for public comment. The Director will then: 
</P>
<P>(1) Evaluate any comments received; 
</P>
<P>(2) Determine whether the funding meets the requirements of this part; 
</P>
<P>(3) Determine whether the funding is in the best interest of the State or Indian tribe AML program; 
</P>
<P>(4) If the determinations under paragraphs (f)(2) and (f)(3) of this section are positive, approve the request for funding the activity or construction; and 
</P>
<P>(5) Approve funding under paragraph (f)(4) of this section only at a cost commensurate with its benefits towards achieving the purposes of the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[59 FR 28173, May 31, 1994, as amended at 68 FR 9502, Feb. 27, 2003]


</CITA>
</DIV8>


<DIV8 N="§ 875.16" NODE="30:3.0.1.16.69.0.1.9" TYPE="SECTION">
<HEAD>§ 875.16   Exclusion of certain noncoal reclamation sites.</HEAD>
<P>(a) You, the uncertified State or Indian tribe, may not use moneys from the Fund for the reclamation of sites and areas designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 <I>et seq.</I>) or that have been listed for remedial action under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 <I>et seq.</I>).
</P>
<P>(b) You, the certified State or Indian tribe, may not reclaim sites and areas designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 <I>et seq.</I>) or that have been listed for remedial action under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 <I>et seq.</I>) using—
</P>
<P>(1) Moneys distributed from the Fund under section 402(g)(1) of the Act.
</P>
<P>(2) Certified in lieu funds distributed to you under section 411(h)(2) of the Act where you are conducting reclamation under the provisions of this part.
</P>
<CITA TYPE="N">[73 FR 67640, Nov. 14, 2008, as amended at 80 FR 6446, Feb. 5, 2015; 90 FR 54585, Nov. 28, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 875.17" NODE="30:3.0.1.16.69.0.1.10" TYPE="SECTION">
<HEAD>§ 875.17   Land acquisition authority—noncoal.</HEAD>
<P>The requirements of parts 877 (Rights of Entry) and 879 (Acquisition, Management and Disposition of Lands and Water) of this chapter apply to a State's or Indian tribe's noncoal reclamation projects conducted under this part, except that, for purposes of this section, the term “noncoal” replaces all references to “coal” in parts 877 and 879 of this chapter.
</P>
<CITA TYPE="N">[80 FR 6446, Feb. 5, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 875.18" NODE="30:3.0.1.16.69.0.1.11" TYPE="SECTION">
<HEAD>§ 875.18   Lien requirements.</HEAD>
<P>The lien requirements found in part 882—Reclamation on Private Land shall apply to a State's or Indian tribe's noncoal reclamation program under section 411 of the Act, except that for purposes of this section, references made to coal shall not apply. In lieu of the term <I>coal,</I> the word <I>noncoal</I> should be used.
</P>
<CITA TYPE="N">[59 FR 28173, May 31, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 875.19" NODE="30:3.0.1.16.69.0.1.12" TYPE="SECTION">
<HEAD>§ 875.19   Limited liability.</HEAD>
<P>No State or Indian tribe conducting noncoal reclamation activities under the provisions of this part is liable under any provision of Federal law for any costs or damages as a result of action taken or omitted in the course of carrying out an approved State or Indian tribe abandoned mine reclamation plan. This section does not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the State or Indian tribe. For purposes of the preceding sentence, reckless, willful, or wanton misconduct will constitute gross negligence or intentional misconduct.
</P>
<CITA TYPE="N">[80 FR 6446, Feb. 5, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 875.20" NODE="30:3.0.1.16.69.0.1.13" TYPE="SECTION">
<HEAD>§ 875.20   Contractor eligibility.</HEAD>
<P>Every successful bidder for any contract by an uncertified State or Indian tribe under this part, or for any contract by a certified State or Indian tribe to undertake a noncoal reclamation project under this part, must be eligible under §§ 773.12, 773.13, and 773.14 of this chapter at the time of contract award to receive a permit or be provisionally issued a permit to conduct surface coal mining operations. This section applies only to any contracts by a certified State or Indian tribe that are for coal reclamation or that are for a noncoal reclamation project under this part.
</P>
<CITA TYPE="N">[80 FR 6446, Feb. 5, 2015]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="876" NODE="30:3.0.1.16.70" TYPE="PART">
<HEAD>PART 876—ACID MINE DRAINAGE TREATMENT AND ABATEMENT PROGRAM
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>59 FR 28174, May 31, 1994, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 876.1" NODE="30:3.0.1.16.70.0.1.1" TYPE="SECTION">
<HEAD>§ 876.1   Scope.</HEAD>
<P>This part establishes the requirements and procedures for the preparation, submission and approval of State or Indian tribe Acid Mine Drainage Treatment and Abatement Programs.


</P>
</DIV8>


<DIV8 N="§ 876.10" NODE="30:3.0.1.16.70.0.1.2" TYPE="SECTION">
<HEAD>§ 876.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of part 876 and assigned it control number 1029-0104. OSM will use the information to determine if the State's or Indian tribe's Acid Mine Drainage Abatement and Treatment Programs is in compliance with legislative mandate. States and Indian tribes are required to respond to obtain a benefit in accordance with SMCRA. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<CITA TYPE="N">[73 FR 67641, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 876.12" NODE="30:3.0.1.16.70.0.1.3" TYPE="SECTION">
<HEAD>§ 876.12   Eligibility.</HEAD>
<P>(a) Beginning December 20, 2006, any uncertified State or Indian tribe having an approved reclamation program may receive and retain, without regard to the limitation in section 402(g)(1)(D) of SMCRA, up to 30 percent of the total of the funds distributed annually to that State or Indian tribe under section 402(g)(1) of SMCRA (State or Tribal share) and section 402(g)(5) of SMCRA (historic coal funds). For funds awarded before December 20, 2006, any uncertified State or Indian tribe may retain up to 10 percent of the funds distributed to it for an acid mine drainage fund. All amounts set aside under this section must be deposited into an acid mine drainage abatement and treatment fund established under State or Indian tribal law.
</P>
<P>(b) Before depositing funds under this part, an uncertified State or Indian tribe must:
</P>
<P>(1) Establish a special fund account providing for the earning of interest on fund balances; and
</P>
<P>(2) Specify that moneys in the account may only be used for the abatement of the causes and treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units (as defined in paragraph (c) of this section) affected by coal mining practices.
</P>
<P>(c) As used in paragraph (b) of this section, “qualified hydrologic unit” means a hydrologic unit:
</P>
<P>(1) In which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources; and
</P>
<P>(2) That contains lands and waters that are:
</P>
<P>(i) Eligible under section 404 of SMCRA and include any of the priorities described in section 403(a) of SMCRA; and
</P>
<P>(ii) The subject of the expenditure from the forfeiture of a bond required under section 509 of SMCRA or from other State sources to abate and treat acid mine drainage.
</P>
<P>(d) After the conditions specified in paragraphs (a) and (b) of this section are met, OSM may approve a grant and the State or Indian tribe may deposit moneys into the special fund account. The moneys so deposited, together with any interest earned, must be considered State or Indian tribal moneys.
</P>
<CITA TYPE="N">[73 FR 67641, Nov. 14, 2008]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="877" NODE="30:3.0.1.16.71" TYPE="PART">
<HEAD>PART 877—RIGHTS OF ENTRY
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 28597, June 30, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 877.1" NODE="30:3.0.1.16.71.0.1.1" TYPE="SECTION">
<HEAD>§ 877.1   Scope.</HEAD>
<P>This part establishes procedures for entry upon lands or property by OSMRE, States, and Indian tribes for reclamation purposes. For certified States or Indian tribes conducting noncoal reclamation projects under the provisions of part 875, the term “noncoal” replaces all references to “coal” in this part.
</P>
<CITA TYPE="N">[80 FR 6446, Feb. 5, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 877.10" NODE="30:3.0.1.16.71.0.1.2" TYPE="SECTION">
<HEAD>§ 877.10   Information collection.</HEAD>
<P>The information collection requirements contained in §§ 877.11 and 877.13(b) were approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3507 and assigned clearance number 1029-0055. This information is being collected to meet the mandate of section 407 of the Act, which provides that States or Indian tribes, pursuant to an approved reclamation program, may use the police power, if necessary, to effect entry upon private lands to conduct reclamation activities or exploratory studies if the landowner's consent is refused or the landowner is not available.
</P>
<P>This information will be used by the regulatory authority to ensure that the State/Indian tribe has sufficient programmatic capability to conduct reclamation activities on private lands. The obligation to respond is mandatory.


</P>
</DIV8>


<DIV8 N="§ 877.11" NODE="30:3.0.1.16.71.0.1.3" TYPE="SECTION">
<HEAD>§ 877.11   Written consent for entry.</HEAD>
<P>Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power will be undertaken only after reasonable efforts have been made to obtain written consent.


</P>
</DIV8>


<DIV8 N="§ 877.13" NODE="30:3.0.1.16.71.0.1.4" TYPE="SECTION">
<HEAD>§ 877.13   Entry and consent to reclaim.</HEAD>
<P>(a) OSM, the State, or Indian tribe or its agents, employees, or contractors may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained.
</P>
<P>(b) If consent is not obtained, then, prior to entry under this section, the OSM, State, or Indian tribe shall find in writing, with supporting reasons that—
</P>
<P>(1) Land or water resources have been or may be adversely affected by past coal mining practices;
</P>
<P>(2) The adverse effects are at a state where, in the interest of the public health, safety, or the general welfare, action to restore, reclaim, abate, control, or prevent should be taken; and
</P>
<P>(3) The owner of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices is not known or readily available, or the owner will not give permission for OSM, State, or Indian tribe or its agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the effects of past coal mining practices.
</P>
<P>(c) If consent is not obtained, OSM, State, or Indian tribe shall give notice of its intent to enter for purposes of conducting reclamation at least 30 days before entry upon the property. The notice shall be in writing and shall be mailed, return receipt requested, to the owner, if known, with a copy of the findings required by this section. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required by this section may be inspected or obtained.


</P>
</DIV8>


<DIV8 N="§ 877.14" NODE="30:3.0.1.16.71.0.1.5" TYPE="SECTION">
<HEAD>§ 877.14   Entry for emergency reclamation.</HEAD>
<P>(a) OSM, its agents, employees, or contractors shall have the right to enter upon any land where an emergency exists and on any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary to protect the public health, safety, or general welfare.
</P>
<P>(b) Prior to entry under this section, OSM shall make a written finding with supporting reasons that the situation qualifies as an emergency in accordance with the requirements set out in section 410 of the Act.
</P>
<P>(c) Notice to the owner shall not be required prior to entry for emergency reclamation. OSM shall make reasonable efforts to notify the owner and obtain consent prior to entry, consistent with the emergency conditions that exist. Written notice shall be given to the owner as soon after entry as practical in accordance with the requirements set out in § 877.13(c) of this chapter.


</P>
</DIV8>

</DIV5>


<DIV5 N="879" NODE="30:3.0.1.16.72" TYPE="PART">
<HEAD>PART 879—ACQUISITION, MANAGEMENT, AND DISPOSITION OF LANDS AND WATER
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 28597, June 30, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 879.1" NODE="30:3.0.1.16.72.0.1.1" TYPE="SECTION">
<HEAD>§ 879.1   Scope.</HEAD>
<P>This part establishes procedures for acquisition of eligible land and water resources for emergency abatement activities and reclamation purposes by you, a State or Indian tribe, with an approved reclamation program that has not certified completion of coal reclamation or a certified State or Indian tribe conducting noncoal reclamation activities under part 875 of this chapter, or by us. It also provides procedures for the management and disposition of lands acquired by the State, the Indian tribe, or us. For certified States or Indian tribes conducting noncoal reclamation projects under the provisions of part 875, the term “noncoal” replaces all references to “coal” in this part.
</P>
<CITA TYPE="N">[80 FR 6446, Feb. 5, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 879.5" NODE="30:3.0.1.16.72.0.1.2" TYPE="SECTION">
<HEAD>§ 879.5   Definitions.</HEAD>
<P>As used in this part—
</P>
<P><I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67641, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 879.11" NODE="30:3.0.1.16.72.0.1.3" TYPE="SECTION">
<HEAD>§ 879.11   Land eligible for acquisition.</HEAD>
<P>(a)(1) We may acquire land adversely affected by past coal mining practices with moneys from the Fund.
</P>
<P>(2) You, an uncertified State or Indian tribe or a certified State or Indian tribe conducting noncoal reclamation projects under part 875 of this chapter, may acquire land adversely affected by past coal mining practices with moneys from the Fund or with certified in lieu funds provided under § 872.32 of this chapter, provided that we first approve the acquisition in writing.
</P>
<P>(3) Before acquiring land under paragraph (a)(1) of this section or approving land acquisition under paragraph (a)(2) of this section, we must make a finding that the land acquisition is necessary for successful reclamation and that—
</P>
<P>(i) The acquired land will serve recreation, historic, conservation, and reclamation purposes or provide open space benefits after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; and
</P>
<P>(ii) Permanent facilities will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. For the purposes of this paragraph, “permanent facility” means any structure that is built, installed, or established to serve a particular purpose or any manipulation or modification of the site that is designed to remain after the reclamation activity is completed, such as a relocated stream channel or diversion ditch.
</P>
<P>(b) You, an uncertified State or Indian tribe or a certified State or Indian tribe conducting noncoal reclamation projects under part 875 of this chapter, if approved in advance by us, may acquire coal refuse disposal sites, including the coal refuse, with moneys from the Fund and with certified in lieu funds provided under § 872.32 of this chapter. We, OSMRE, also may use moneys from the Fund to acquire coal refuse disposal sites, including the coal refuse.
</P>
<P>(1) Before the approval of the acquisition, the reclamation program seeking to acquire the site will make a finding in writing that the acquisition is necessary for successful reclamation and will serve the purposes of the reclamation program.
</P>
<P>(2) Where an emergency situation exists and a written finding as set forth in § 877.14 of this chapter has been made, we may acquire lands where public ownership is necessary and will prevent recurrence of the adverse effects of past coal mining practices.
</P>
<P>(c) Land adversely affected by past coal mining practices may be acquired by us if the acquisition is an integral and necessary element of an economically feasible plan or project to construct or rehabilitate housing which meets the specific requirements in section 407(h) of SMCRA.
</P>
<P>(d) Land or interests in land needed to fill voids, seal abandoned tunnels, shafts, and entryways or reclaim surface impacts of underground or surface mines may be acquired by the OSM, State, or Indian tribe if OSM finds that acquisition is necessary under part 875 of this chapter.
</P>
<P>(e) The OSM, State, or Indian tribe which acquires land under this part shall acquire only such interests in the land as are necessary for the reclamation work planned or the postreclamation use of the land. Interests in improvements on the land, mineral rights, or associated water rights may be acquired if—
</P>
<P>(1) The customary practices and laws of the State in which the land is located will not allow severance of such interests from the surface estate; or
</P>
<P>(2) Such interests are necessary for the reclamation work planned or for the postreclamation use of the land; and
</P>
<P>(3) Adequate written assurances cannot be obtained from the owner of the severed interest that future use will not be in conflict with the reclamation to be accomplished.
</P>
<CITA TYPE="N">[47 FR 28597, June 30, 1982, as amended at 73 FR 67641, Nov. 14, 2008; 80 FR 6446, Feb. 5, 2015; 90 FR 52865, Nov. 24, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 879.12" NODE="30:3.0.1.16.72.0.1.4" TYPE="SECTION">
<HEAD>§ 879.12   Procedures for acquisition.</HEAD>
<P>(a) An appraisal of all land or interest in land to be acquired shall be obtained by the OSM, State, or Indian tribe. The appraisal shall state the fair market value of the land as adversely affected by past mining.
</P>
<P>(b) When practical, acquisition shall be by purchase from a willing seller. The amount paid for land or interests in land acquired shall reflect the fair market value of the land or interests in land as adversely affected by past mining.
</P>
<P>(c) When necessary, land or interests in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.
</P>
<P>(d) The OSM, State, or Indian tribe which acquires land under this part shall comply, at a minimum, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, <I>et seq.,</I> and 41 CFR part 114-50.








</P>
</DIV8>


<DIV8 N="§ 879.13" NODE="30:3.0.1.16.72.0.1.5" TYPE="SECTION">
<HEAD>§ 879.13   Acceptance of gifts of land.</HEAD>
<P>(a) The OSM, State, or Indian tribe under an approved reclamation plan may accept donations of title to land or interests in land if the land proposed for donation meets the requirements set out in § 879.11.
</P>
<P>(b) Offers to make a gift of land or interest in land to the U.S. Government shall be in writing and comply with U.S. Department of the Interior regulations for land donations. The States and Indian tribes may use procedures provided by applicable State or Indian tribal law.


</P>
</DIV8>


<DIV8 N="§ 879.14" NODE="30:3.0.1.16.72.0.1.6" TYPE="SECTION">
<HEAD>§ 879.14   Management of acquired land.</HEAD>
<P>Land acquired under this part may be used for any lawful purpose that is consistent with the necessary reclamation activities. Procedures for collection of user charges or the waiver of such charges by the OSM, State, or Indian tribe shall provide that all user fees collected shall be deposited in the appropriate Abandoned Mine Reclamation Fund.


</P>
</DIV8>


<DIV8 N="§ 879.15" NODE="30:3.0.1.16.72.0.1.7" TYPE="SECTION">
<HEAD>§ 879.15   Disposition of reclaimed land.</HEAD>
<P>(a) Prior to the disposition of any land acquired under this part, OSM, State, or Indian tribe shall publish a notice of proposed land disposition, hold public hearings, if required, and make written findings in accordance with the authority contained in section 407(g)(2) of the Act.
</P>
<P>(b) OSM may transfer administrative responsibility for land acquired by OSM to any Federal Department or Agency, with or without cost to that Department or Agency. OSM may transfer title for land acquired by OSM to any State or Indian tribe or to any agency or political subdivision of a State or Indian tribe, with or without cost to that entity, for the purposes set out in paragraphs (e) or (f) of this section. The agreement under which a transfer is made shall specify—
</P>
<P>(1) The purposes for which the land may be used, which shall be consistent with the authorization under which the land was acquired; and
</P>
<P>(2) That the title of administrative responsibility for the land shall revert to OSM, State, or Indian tribe if, at any time in the future, OSM finds that the land is not used for the purposes specified.
</P>
<P>(c) OSM may accept title for abandoned and unreclaimed land to be reclaimed and administered by OSM. If a State or Indian tribe transfers land to OSM under this section, that State or Indian tribe shall have a preference right to purchase such land from OSM after reclamation is completed. The price to be paid by the State or Indian tribe shall be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the State or Indian tribe.
</P>
<P>(d) OSM may sell land acquired and reclaimed under this part, except that acquired for housing under § 879.11(c), to the State or local government at less than fair market value but in no case less than purchase price plus reclamation cost provided such land is used for a valid public purpose.
</P>
<P>(e) OSM may transfer or sell land acquired for housing under § 879.11(c), with or without monetary consideration, to any State or political subdivision of a State, to an Indian tribe, or to any firm, association, or corporation. The conditions of transfer or sale shall be in accordance with section 407(h) of the Act.
</P>
<P>(f) OSM may transfer title for land acquired for housing under § 879.11(c) by grants or commitments for grants, or may advance money under such terms and conditions as required, to—
</P>
<P>(1) Any State or Indian tribe; or
</P>
<P>(2) A department, agency, or instrumentality of a State; or
</P>
<P>(3) Any public body or nonprofit organization designated by a State.
</P>
<P>(g)(1) OSM may sell or authorize the States or Indian tribes to sell land acquired under this part by public sale if—
</P>
<P>(i) Such land is suitable for industrial, commercial, residential, or recreational development;
</P>
<P>(ii) Such development is consistent with local, State, of Federal land use plans for the area in which the land is located; and
</P>
<P>(iii) Retention by OSM, State, or Indian tribe, or disposal under other paragraphs of this section is not in the public interest.
</P>
<P>(2) Disposal procedures will be in accordance with section 407(g) of the Act and applicable State or Indian tribal requirements.
</P>
<P>(3) States may transfer title or administrative responsibility for land to cities, municipalities, or quasi-governmental bodies, provided that the State provide for the reverter of the title or administrative responsibility if the land is no longer used for the purposes originally proposed.
</P>
<P>(h) You must return all moneys received from disposal of land under this part to us. We will handle all moneys received under this paragraph as unused funds in accordance with §§ 885.19 and 886.20 of this chapter.
</P>
<CITA TYPE="N">[47 FR 28597, June 30, 1982, as amended at 73 FR 67642, Nov. 14, 2008; 80 FR 6447, Feb. 5, 2015]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="880" NODE="30:3.0.1.16.73" TYPE="PART">
<HEAD>PART 880—MINE FIRE CONTROL
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 37378, Aug. 18, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 880.1" NODE="30:3.0.1.16.73.0.1.1" TYPE="SECTION">
<HEAD>§ 880.1   Scope.</HEAD>
<P>Projects for the control or extinguishment of outcrop or underground fires in coal formations under the authority of the Act of August 31, 1954 (30 U.S.C. 551-558); section 205(a)(2) of the Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5), and the Energy Policy Act of 1992 (Pub. L. 102-486).
</P>
<CITA TYPE="N">[59 FR 52377, Oct. 17, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 880.5" NODE="30:3.0.1.16.73.0.1.2" TYPE="SECTION">
<HEAD>§ 880.5   Definitions.</HEAD>
<P>As used in the regulations in this part and in cooperative agreements, entered into pursuant to the regulations in this part:
</P>
<P>(a) <I>Government</I> means the United States of America;
</P>
<P>(b) <I>Commission</I> means the Appalachian Regional Development Commission established by section 101 of the Appalachian Regional Development Act of 1965;
</P>
<P>(c) <I>Local authorities</I> means the State or local governmental bodies organized and existing under the authority of State laws, including, but not limited to, a county, city, township, town, or borough;
</P>
<P>(d) <I>Approved abandoned mine reclamation program</I> means a program meeting the requirements defined in section 405 of PL 95-87, as amended;
</P>
<P>(e) <I>Operating coal mine</I> means a coal mine for which the regulatory authority has not terminated its jurisdiction as set out under 30 CFR 700.11(d)(1);
</P>
<P>(f) <I>Inactive coal mine</I> means a coal mine for which the regulatory authority has terminated its jurisdiction as set out under 30 CFR 700.11(d)(1);
</P>
<P>(g) <I>Project</I> means a project whose purpose is to control or extinguish fires in coal formations.
</P>
<P>(h) <I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.
</P>
<CITA TYPE="N">[48 FR 37378, Aug. 18, 1983. Redesignated and amended at 59 FR 52377, Oct. 17, 1994; 73 FR 67642, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 880.11" NODE="30:3.0.1.16.73.0.1.3" TYPE="SECTION">
<HEAD>§ 880.11   Qualifications of projects.</HEAD>
<P>The purpose of all projects is to prevent injury and loss of life, protect public health, conserve natural resources, or protect public and private property. Federal funds cannot be used to fund projects in privately owned operating coal mines. Further, any such cooperative agreement that is entered into under the Energy Policy Act of 1992 with an AML State eligible to receive funds from the Appalachian Regional Development Commission is not subject to review by that Commission.
</P>
<CITA TYPE="N">[59 FR 52377, Oct. 17, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 880.12" NODE="30:3.0.1.16.73.0.1.4" TYPE="SECTION">
<HEAD>§ 880.12   Cooperative agreements.</HEAD>
<P>(a) OSM shall, upon application by a State or Indian tribe with an approved abandoned mine reclamation program, enter into a cooperative agreement with the State or Indian tribe to control or extinguish fires in coal formations.
</P>
<P>(b) OSM may conduct coal formation fire control projects in States not having an approved abandoned mine reclamation program or on Indian lands if the tribe does not have an approved abandoned mine reclamation program. However, upon application by such a State or Indian tribe, OSM may enter into a cooperative agreement with the State or Indian tribe and the local authorities to control or extinguish fires in coal formations. OSM shall require in connection with any project for the control or extinguishment of fires in any inactive coal mine on lands not owned or controlled by the United States or any of its agencies, except where such project is necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies in such a State that: (1) the State or the person owning or controlling such lands contribute on a matching basis 50 percent of the cost of planning and executing such project, or (2) if such State or person furnishes evidence satisfactory to the Secretary of an inability to make the immediately matching contribution herein provided for, that such State or person pay the Government, within such time as the Secretary shall determine, an amount equal to 50 percent of the cost of planning and executing such project. If the project is funded by the Appalachian Regional Commission, the Federal share shall not exceed 75 percent of the cost of the project.
</P>
<P>(c) OSM is authorized to conduct fire control projects on lands owned or controlled by the United States. However, upon application by another Federal agency having jurisdiction for lands owned or controlled by the United States, or a State or Indian tribe having an approved abandoned mine reclamation program and agreements with Federal agencies to conduct such projects on Federal lands within its boundaries, OSM may enter into an agreement with either the other Federal agency or State or Indian tribe to control or extinguish fires in coal formations. There are no cost sharing requirements for this type of project.
</P>
<CITA TYPE="N">[59 FR 52378, Oct. 17, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 880.13" NODE="30:3.0.1.16.73.0.1.5" TYPE="SECTION">
<HEAD>§ 880.13   Project implementation.</HEAD>
<P>(a) Under cooperative agreements with States or Indian tribes having an approved AML reclamation plan:
</P>
<P>(1) States or Indian tribes will design, plan, and engineer a method of operation for control or extinguishment of the outcrop or underground mine fire, and will execute the project through a project contract, or, if the work is to be done in phases, a series of project contracts.
</P>
<P>(2) If OSM assistance is required, OSM will be reimbursed by the State or Indian tribe for all costs incurred, including OSM employees' time.
</P>
<P>(b) In States and on Indian lands under the jurisdiction of tribes not having approved AML reclamation plans and on Federal lands, OSM has the authority to design, plan, and engineer a method of operation for control or extinguishment of the outcrop or underground mine fire, and will execute the project through a project contract, or, if the work is to be done in phases, a series of project contracts. OSM, may, at its discretion, delegate authority to perform this work to States or Indian tribes or other Federal agencies.
</P>
<CITA TYPE="N">[59 FR 52378, Oct. 17, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 880.14" NODE="30:3.0.1.16.73.0.1.6" TYPE="SECTION">
<HEAD>§ 880.14   Administration of contributions.</HEAD>
<P>Financial contributions made by a State or Indian tribe, local authorities, or another Federal agency will be deposited in a trust fund in the Treasury of the United States. These contributions can be withdrawn by OSM and expended by the organization executing the project (OSM, a State, Indian tribe, or another Federal agency) pursuant to the cooperative agreement as necessary in performance of the project work. Withdrawals and expenditures from the trust fund will be made only for costs connected with the project. Any part of the money contributed by a State, Indian tribe, local authority, or another Federal agency for an individual project that remains unexpended upon the completion or termination of project will be returned to the State, Indian tribe, local authority, or other Federal agency.
</P>
<CITA TYPE="N">[59 FR 52378, Oct. 17, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 880.15" NODE="30:3.0.1.16.73.0.1.7" TYPE="SECTION">
<HEAD>§ 880.15   Assistance by States or Indian tribes, local authorities, and private parties.</HEAD>
<P>States Indian tribes, local authorities, or private parties, as may be appropriate in each particular project, and without cost or charge to project costs may:
</P>
<P>(a) Provide assistance in planning and engineering the project, as requested by the organization executing the project;
</P>
<P>(b) Furnish best available information, data, and maps on the location of the project and the location of water, sewer, and power lines within the project area, and maps or plats showing properties and lands on which releases, consents, or rights or interests in lands have been obtained;
</P>
<P>(c) Obtain and deliver to OSM releases, proper consent or the necessary rights or interests in lands, and other documents required by OSM for approval of the project, and in form and substance satisfactory to OSM;
</P>
<P>(d) Furnish a certification in form and substance satisfactory to OSM that the releases, consents, or the necessary rights or interests in lands, are from all the legal property owners within the project area;
</P>
<P>(e) Agree to indemnify and hold the Government harmless should any property owner within the project area make any claim for damage resulting from the work within the project area if releases, consents or rights or interests were not obtained from such property owner by the State or local authorities;
</P>
<P>(f) Grant to the Government the right to enter upon streets, roads, and other land owned or controlled by the State or the local authorities overlying or adjacent to the project fire area, and to conduct thereon the operations referred to in the cooperative agreement and project contract, and agree to hold the Government harmless from any claim for damage arising out of the project operations to property owned, possessed or controlled by the State or local authorities in the vicinity of the project area;
</P>
<P>(g) Furnish noncombustible materials suitable for implementing the planned fire control work. This material may be waste or borrow material obtained at the site or brought in from off-site.
</P>
<P>(h) Maintain and perform maintenance work on the project as may be provided in the cooperative agreement;
</P>
<P>(i) Agree not to mine or permit mining of coal or other minerals on property owned or controlled by the State or local authorities, if required by OSM, to assure the success of, or protection to, the project work and the control or extinguishment of the fire, and for such period of time as may be required by OSM; and
</P>
<P>(j) If necessary, procure the enactment of State or local laws providing for the control and extinguishment of outcrop and underground fires in coal formations on State or privately owned lands and the cooperation of the State or local authorities in the work and the requisite authority to permit the States or local authorities to meet the obligations imposed by the regulations in this part of a cooperative agreement.
</P>
<CITA TYPE="N">[51 FR 5493, Feb. 13, 1986. Redesignated at 59 FR 52377, Oct. 17, 1994, and amended at 59 FR 52378, Oct. 17, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 880.16" NODE="30:3.0.1.16.73.0.1.8" TYPE="SECTION">
<HEAD>§ 880.16   Civil rights.</HEAD>
<P>State and local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or pursuant to the regulations of the Department of the Interior entitled “Nondiscrimination in Federally-assisted Programs of the Department of the Interior-Effectuation of Title VI of the Civil Rights Act of 1964” (43 CFR part 17) and shall give assurances of compliance in such form as may be required by the Director.
</P>
<CITA TYPE="N">[48 FR 37378, Aug. 18, 1983. Redesignated at 59 FR 52378, Oct. 17, 1994]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="881" NODE="30:3.0.1.16.74" TYPE="PART">
<HEAD>PART 881—SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Sec. 205, 79 Stat. 13 (40 U.S.C. App. 205), and Pub. L. 95-87, 30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 37379, Aug. 18, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 881.1" NODE="30:3.0.1.16.74.0.1.1" TYPE="SECTION">
<HEAD>§ 881.1   Purpose and scope.</HEAD>
<P>The regulations in this part provide for contributions by the Secretary with respect to projects in the Appalachian Region for the sealing and filling of voids in abandoned coal mines or for the reclamation and rehabilitation of existing strip and surface mine areas under the authority of subsection (a)(1) of section 205 of the Appalachian Region Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5)


</P>
</DIV8>


<DIV8 N="§ 881.2" NODE="30:3.0.1.16.74.0.1.2" TYPE="SECTION">
<HEAD>§ 881.2   Definitions.</HEAD>
<P>As used in the regulations in this part and in cooperative agreements entered into pursuant to the regulations in this part:
</P>
<P>(a) <I>Government</I> means the United States of America;
</P>
<P>(b) <I>Commission</I> means the Appalachian Regional Development Commission established by section 101 of the Appalachian Regional Development Act of 1965;
</P>
<P>(c) <I>State</I> means any one of the States listed in section 403 of the Appalachian Regional Development Act of 1965; and
</P>
<P>(d) <I>Local authorities</I> or <I>local bodies of government</I> means a county, city, township, town, or borough, and other local governmental bodies organized and existing under authority or State laws.


</P>
</DIV8>


<DIV8 N="§ 881.3" NODE="30:3.0.1.16.74.0.1.3" TYPE="SECTION">
<HEAD>§ 881.3   Qualification of projects.</HEAD>
<P>(a) Projects for the reclamation and rehabilitation of strip-mined areas will be considered only if all of the lands embraced within the project are lands owned by the Federal Government, a State, or local bodies of government.
</P>
<P>(b) Projects must be submitted by a State to the Commission and receive the approval of that body.


</P>
</DIV8>


<DIV8 N="§ 881.4" NODE="30:3.0.1.16.74.0.1.4" TYPE="SECTION">
<HEAD>§ 881.4   Application of contribution.</HEAD>
<P>(a) A State in its application for contribution to a project shall fully describe the conditions existing in the project area and give a full justification for the project in terms of the relationship of the potential benefits that will result from the project to the estimated costs of the project and in terms of the improvement, on a continuing basis, to the economic potential of the State or area which the project will bring about. If the project entails the reclamation and rehabilitation of strip and surface mined areas, the application shall state the uses to which the lands will be put.
</P>
<P>(b) Before submitting a project to the Secretary for approval, the Director shall obtain from the State the following:
</P>
<P>(1) Copies of inspection procedures, designs, plans and methods of engineering proposed for the construction, installation, services or work to be performed to accomplish the objectives of the project;
</P>
<P>(2) Accurate information, data, and maps of the location of the project, the area involved, and, if the project consists of work designed to prevent or alleviate subsidence, information, data, and maps (if available) of the seams of coal to be filled or flushed;
</P>
<P>(3) The proposed advertisement for bids for each project contract, which advertisement shall include suitable references concerning the fact that the project is one to the cost of which the Government will contribute under the Appalachian Regional Development Act of 1965, and that the State's acceptance of liability arising out of any bid shall be subject to contribution by the Government under the provisions of a cooperative agreement with the Government for that purpose;
</P>
<P>(4) The proposed project contract, together with specifications and drawings pertaining to the equipment, materials, labor and work to be performed by the project contractor;
</P>
<P>(5) Releases, proper consent or the necessary rights or interests in lands and coal formations, for gaining access to and carrying out work in or on the project, and other documents required by OSM for approval of the project, and in form and substance satisfactory to OSM;
</P>
<P>(6) Certifications or documents, as may be required by OSM, indicating public ownership or control of subsurface coal or mineral rights accompanied by appropriate resolutions from the State or local authorities to indemnify and hold the Government harmless should any property owner within the project area make any claim for damage resulting from the work within the project area if releases, consents or rights or interests were not obtained from such property owner by the State or local authorities, and not to mine or permit mining of coals or other minerals in property owned or controlled by the State or local authorities.
</P>
<P>(7) If the project is for the rehabilitation or reclamation of a strip mine area, evidence satisfactory to the Secretary that the State or local authority owns the lands upon which the project is proposed to be carried out, and that effective installation, operation, and maintenance safeguards will be enforced;
</P>
<P>(8) The estimated total cost of the proposed project and, if the work is proposed to be performed in phases, the estimated cost of each phase.
</P>
<P>(c) If the Secretary approves the project, the Director will submit to the State a cooperative agreement establishing the estimated cost of the project in the amount approved by the Secretary.


</P>
</DIV8>


<DIV8 N="§ 881.5" NODE="30:3.0.1.16.74.0.1.5" TYPE="SECTION">
<HEAD>§ 881.5   Cooperative agreements.</HEAD>
<P>(a) Each project shall be covered by a cooperative agreement between the Government, as represented by the Director, and the State. The agreement shall establish the total estimated cost of the project and, if the project is to be accomplished in phases, the estimated cost of each phase. The maximum obligations of the parties to share the cost of the project shall be stated in terms of the total estimated cost of the project and, if project is to be accomplished in phases, in terms of the estimated cost of each phase. Other responsibilities of the parties shall also be described in the agreement, as may be agreed upon and as may be in conformity with these regulations, to meet the needs and requirements of a particular project.
</P>
<P>(b) The Government's obligation to contribute funds may be less than but shall not exceed 75 percent of the total estimated cost of the project. The obligation of the State (and, if appropriate, the local authorities) to contribute funds may be more but shall not be less than 25 percent of the total estimated cost of the project.
</P>
<P>(c) None of the funds contributed by the Government or by the State shall be used for operating or maintaining the project or for the purchase of culm, rock, spoil, or other filling or flushing material.
</P>
<P>(d) The Director may, without approval by the Secretary execute amendments to a cooperative agreement which will cover (1) acceptance of a bid on a proposed project contract that does not exceed by more than 20 percent the estimated cost, initially established in the cooperative agreement, of the work covered by the proposed project contract, and (2) the estimated costs of additional work under a project contract, if the estimated cost, initially established in the cooperative agreement, of the work covered by the project contract will not be increased by more than 20 percent.


</P>
</DIV8>


<DIV8 N="§ 881.6" NODE="30:3.0.1.16.74.0.1.6" TYPE="SECTION">
<HEAD>§ 881.6   Project contract.</HEAD>
<P>(a) Upon approval of the project by the Secretary, execution of the cooperative agreement, and receipt of an acceptable bid, the State shall carry out and execute the project through a project contract, or, if the work is to be done in phases, a series of project contracts, entered into by the State and its contractors or suppliers for the construction, installation, services or work to be performed. 
</P>
<P>(b) Project contracts shall be entered into only with the lowest responsible bidder pursuant to suitable procedures for advertising and competitive bidding. The Government's obligation to contribute to the cost of a project, or a phase of a project, is limited to the estimated costs established in the cooperative agreement. If the bids on work to be done under a proposed project contract exceed the estimated cost of the work established in the cooperative agreement, the State should not enter into the project contract unless the cooperative agreement has been amended to provide for an increase in contributions sufficient to meet the increase in costs, or unless the State wishes to assume the excess cost of the project. 
</P>
<P>(c) OSM shall be advised of the time and place of the opening of bids on a proposed project contract and may have a representative present. 
</P>
<P>(d) If the State amends a project contract, or issues a change order thereunder, and the amendment or change order results in an expenditure under the project contract in excess of the estimated cost of the work established in the cooperative agreement, the Government shall be under no obligation to contribute to such excess costs unless the cooperative agreement has been amended to provide for an increase in contributions by the parties sufficient to meet such excess costs. 
</P>
<P>(e) The State shall furnish the Director, in duplicate, a certified true executed copy of each project contract with related plans, specifications, and drawings annexed thereto, promptly upon its execution. 
</P>
<P>(f) The State shall include in each project contract provisions to the effect that— 
</P>
<P>(1) Regardless of any agreement between the State and the Government respecting contributions by the Government to the cost of the contract under the provisions of section 205(a)(1) of the Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5), the Government shall not be considered to be a party to the contract or in any manner liable thereunder. Neither the Government nor any of its officers, agents, or employees shall be responsible for any loss, expense, damages to property, or injuries to persons, which may arise from or be incident to the use and occupation of any property affected by the operations contemplated under the project, or for damages to the property of the contractor, or for injuries to the person of the contractor, or for damages to the property, or injuries to the contractor's officers, agents, servants, or employees, or others who may be on said premises at their invitation or the invitation of any of them, and the State and the project contractor shall hold the Government and any of its officers, agents, or employees, harmless from all such claims. 
</P>
<P>(2) The Secretary of the Interior or the Director of OSM or their authorized representative may enter upon and inspect the project at any reasonable time and may confer with the contractor and the State regarding the conduct of project operations. 
</P>
<P>(3) All laborers and mechanics employed by the contractor or subcontractors on the project shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 FR 3176, 64 Stat. 1267, 5 U.S.C. 133-133z-15), and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).
</P>
<P>(4) To assure the use of local labor to the maximum extent practicable in the implementation of a project:
</P>
<P>(i) Every contractor or subcontractor undertaking to do work on the project which is or reasonably may be done as onsite work, in carrying out such contract work shall give preference to qualified persons who regularly reside in the labor area as designated by the U.S. Department of Labor wherein such project is situated, or the subregion, or the Appalachian counties of the State wherein such project is situated, except:
</P>
<P>(A) To the extent that qualified persons regularly residing in the area are not available;
</P>
<P>(B) For the reasonable needs of any such contractor or subcontractor, to employ supervisory or specially experienced individuals necessary to assure an efficient execution of the contract;
</P>
<P>(C) For the obligation of any such contractor or subcontractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that in no event shall the number of nonresident persons employed under paragraph (f)(4)(i)(C) exceed 20 percent of the total number of employees employed by such contractor and his subcontractors on such project.
</P>
<P>(ii) Every such contractor and subcontractor shall furnish the appropriate U.S. Employment Service offices with a list of all positions for which laborers, mechanics, and other employees may be required.
</P>
<P>(iii) Every such contractor and subcontractor shall furnish periodic reports to the contracting agency on the extent to which local labor has been used in carrying out the contract work.


</P>
</DIV8>


<DIV8 N="§ 881.7" NODE="30:3.0.1.16.74.0.1.7" TYPE="SECTION">
<HEAD>§ 881.7   Administration of contributions.</HEAD>
<P>(a) The Government's contribution to a State will be made only pursuant to a cooperative agreement and only upon the basis of payments made, or that are then due and payable, by the State under a project contract between the State and its contractor for the construction, installation, services or work performed on individual projects and shall not exceed 75 percent of such amounts.
</P>
<P>(b) The State shall submit to the Director, not more often than once a month and for each cooperative agreement, a separate voucher which describes each payment made or that is due and payable by the State under a project contract. The amounts claimed under each voucher shall be certified by the State as proper charges under the project contract, and the State shall also certify that the amounts have either been paid or are due and payable thereunder. Insofar as the Government's contribution payments related to amounts due and payable rather than amounts already paid, the State shall disburse such funds together with the funds contributed by the State, promptly upon receipt from the Government.
</P>
<P>(c) The State shall maintain suitable records and accounts of its transactions with and payments to project contractors, and the Government may inspect and audit such accounts and records during normal business hours and as it may deem necessary.


</P>
</DIV8>


<DIV8 N="§ 881.8" NODE="30:3.0.1.16.74.0.1.8" TYPE="SECTION">
<HEAD>§ 881.8   Withholding of payments.</HEAD>
<P>Whenever the Secretary, after reasonable notice and opportunity for hearing, finds that there is a failure by the State to expend funds in accordance with the terms and conditions governing the Government's contribution for an approved project, he shall notify the State that further payments will not be made to the State from available appropriations until he is satisfied that there will no longer be any such failure. Until the Secretary is so satisfied, payment of any financial contribution to the State shall be withheld.


</P>
</DIV8>


<DIV8 N="§ 881.9" NODE="30:3.0.1.16.74.0.1.9" TYPE="SECTION">
<HEAD>§ 881.9   Reports.</HEAD>
<P>At such times and in such detail as the Secretary shall require, the State shall furnish to the Secretary a statement with respect to each project showing the work done, the status of the project, expenditures, and amounts obligated, and such other information as may be required.


</P>
</DIV8>


<DIV8 N="§ 881.10" NODE="30:3.0.1.16.74.0.1.10" TYPE="SECTION">
<HEAD>§ 881.10   Obligations of States or local authorities.</HEAD>
<P>(a) The State shall have full responsibility for installing, operating, and maintaining projects constructed pursuant to the regulations in this part.
</P>
<P>(b) The State shall give evidence, satisfactory to the Secretary, that it will enforce effective safeguards with respect to installation, operation, and maintenance.
</P>
<P>(c) The State shall agree that neither the Government nor any of its officers, agents, or employees shall be responsible for any loss, expense, damages to property, or injuries to persons, which may arise from or be incident to work upon, or to the use and occupation of any property affected by operations under, the project, and the State shall agree to hold the Government and its officers, agents, or employees harmless from all such claims.
</P>
<P>(d) In order to assure effective safeguards with respect to installation, operation, and maintenance, the State or local authority will be required to own (or control), the land, subsurface, or coal seams in instances such as the following:
</P>
<P>(1) If the objective of the project is to prevent or alleviate subsidence, the State or local authority shall have or acquire such subsurface and underground rights or interests in such coal seams or coal measures as may be required to assure the stability and continued existence of the project and to such an extent as will give reasonable assurance that the work will not be disturbed in the future. 
</P>
<P>(2) If the objective of the project is to rehabilitate or reclaim strip-mined areas, the land shall be owned by the Federal, State, or local body of government. Such ownership shall comprise such mineral, subsurface and underground rights and interests as will assure that no further mining operations will be conducted upon or under the land in the future. 
</P>
<P>(3) If the objective of the project is to seal abandoned open shafts, slopes, air holes and other mine openings to underground workings where public safety hazards exist, or to control or prevent erosion, water pollution, or discharge of harmful mine waters, the State shall have or acquire such right, title or interest in the lands as will assure the stability and continued existence of the project work. 
</P>
<P>(4) The extent of ownership or control necessary shall be determined with respect to each individual project. 
</P>
<P>(e) The State or local authorities, shall agree not to mine or permit the mining of coal or other minerals in the land or property owned or controlled by the State or local authorities, if required by OSM to assure the success or protection of the project work for such period of time as may be required by OSM. 
</P>
<P>(f) Upon request of OSM, the State or local authority shall furnish and disclose the nature and extent of its right, title, or interest in lands within, or which may be affected by, the project and submit an analysis, in writing, of the title situation, the effectiveness, extent and strength of the title which has been acquired, and an opinion as to the protection which the documents conveying the various rights, titles, and interests in the land afford the project work and as to any defects in the title. 
</P>
<P>(g) If necessary, State and local authorities shall procure the enactment of State or local laws or ordinances providing authority to participate in the work and projects conducted pursuant to the regulations in this part on lands owned by the State, the local authorities, or private persons, and the requisite authority to permit the State or local authorities to meet the obligations imposed by the regulations in this part or a cooperative agreement and to enter into project contracts of the kind and nature contemplated for the work to be performed. 


</P>
</DIV8>


<DIV8 N="§ 881.11" NODE="30:3.0.1.16.74.0.1.11" TYPE="SECTION">
<HEAD>§ 881.11   Nondiscrimination.</HEAD>
<P>The State shall comply with the provisions of section 301 of Executive Order 11246 (Sept. 24, 1965; 30 FR 12319, 12935) and shall incorporate the provisions prescribed by section 202 of Executive Order 11246 in each project contract, and shall undertake and agree to assist and cooperate with the Director and the Secretary of Labor, obtain and furnish information, carry out sanctions and penalties, and refrain from dealing with debarred contractors, all as provided in said section 301. 


</P>
</DIV8>


<DIV8 N="§ 881.12" NODE="30:3.0.1.16.74.0.1.12" TYPE="SECTION">
<HEAD>§ 881.12   Civil rights.</HEAD>
<P>State or local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or pursuant to the regulations of the Department of the Interior entitled “Nondiscrimination in Federally-assisted Programs of the Department of the Interior—Effectuation of Title VI of the Civil Rights Act of 1964” (43 CFR part 17) and shall give assurances of compliance in such forms as may be required by the Director.


</P>
</DIV8>

</DIV5>


<DIV5 N="882" NODE="30:3.0.1.16.75" TYPE="PART">
<HEAD>PART 882—RECLAMATION ON PRIVATE LAND
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 28599, June 30, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 882.1" NODE="30:3.0.1.16.75.0.1.1" TYPE="SECTION">
<HEAD>§ 882.1   Scope.</HEAD>
<P>This part authorizes reclamation on private land and establishes procedures for recovery of the cost of reclamation activities conducted on privately owned land by the OSM, State, or Indian tribe.


</P>
</DIV8>


<DIV8 N="§ 882.10" NODE="30:3.0.1.16.75.0.1.2" TYPE="SECTION">
<HEAD>§ 882.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements of part 882 and assigned it control number 1029-0057. This information is being collected to meet the mandate of section 408 of SMCRA, which allows the State or Indian tribe to file liens on private property that has been reclaimed under certain conditions. This information will be used by the regulatory authority to ensure that the State or Indian tribe has sufficient programmatic capability to file liens to recover costs for reclaiming private lands. States and Indian tribes are required to respond to obtain a benefit in accordance with SMCRA. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<CITA TYPE="N">[73 FR 67642, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 882.12" NODE="30:3.0.1.16.75.0.1.3" TYPE="SECTION">
<HEAD>§ 882.12   Appraisals.</HEAD>
<P>(a) A notarized appraisal of private land to be reclaimed which may be subject to a lien under § 882.13 shall be obtained from an independent appraiser. The appraisal shall state—
</P>
<P>(1) The estimated market value of the property in its unreclaimed condition; and
</P>
<P>(2) The estimated market value of the property as reclaimed.
</P>
<P>(b) This appraisal shall be made prior to start of reclamation activities. The agency shall furnish to the appraiser information of sufficient detail in the form of plans, factual data, specifications, etc., to make such appraisals. When reclamation requires more than 6 months to complete, an updated appraisal under paragraph (a)(2) of this section shall be made to determine if the increase in value as originally appraised has actually occurred. Such updated appraisal shall not include any increase in value of the land as unreclaimed. If the updated appraised value results in lower increase in value, such increase shall be used as a basis for the lien. However, an increase in value resulting from the updated appraisal shall not be considered in determining a lien. OSM shall provide appraisal standards for Federal projects, and the State or Indian tribes shall provide appraisal standards for State or Indian tribal projects consistent with generally acceptable appraisal practice.


</P>
</DIV8>


<DIV8 N="§ 882.13" NODE="30:3.0.1.16.75.0.1.4" TYPE="SECTION">
<HEAD>§ 882.13   Liens.</HEAD>
<P>(a) OSM, State, or Indian tribe has the discretionary authority to place or waive a lien against land reclaimed if the reclamation results in a significant increase in the fair market value; except that—
</P>
<P>(1) A lien must not be placed against the property of a surface owner who did not consent to, participate in or exercise control over the mining operation which necessitated the reclamation work.
</P>
<P>(2) The basis for making a determination of what constitutes a significant increase in market value or what factual situation constitutes a waiver of lien will be made by OSM, State, or Indian tribe pursuant to the Congressional intent expressed in section 408 of the Act and consistent with State or Indian tribal laws governing liens.
</P>
<P>(3) A lien may be waived if findings made prior to construction indicate that the reclamation work to be performed on private land shall primarily benefit the health, safety, or environmental values of the greater community or area in which the land is located; or if the reclamation is necessitated by an unforeseen occurrence, and the work performed to restore that land will not result in a significant increase in the market value of the land as it existed immediately before the unforeseen occurrence; and
</P>
<P>(4) OSM, State, or Indian tribe may waive the lien if the cost of filing it, including indirect costs to OSM, State, or Indian tribe, exceeds the increase in fair market value as a result of reclamation activities.
</P>
<P>(b) If a lien is to be filed, the OSM, State, or Indian tribe shall, within 6 months after the completion of the reclamation work, file a statement in the office having responsibility under applicable law for recording judgments and placing liens against land. Such statement shall consist of notarized copies of the appraisals obtained under § 882.12 and may include an account of moneys expended for the reclamation work. The amount reported to be the increase in value of the property shall constitute the lien to be recorded in compliance with existing Federal, State or Indian tribal laws: <I>Provided, however,</I> That prior to the time of the actual filing of the proposed lien, the landowner shall be notified of the amount of the proposed lien and shall be allowed a reasonable time to prepay that amount instead of allowing the lien to be filed against the property involved.
</P>
<P>(c) Within 60 days after the lien is filed the landowner may petition under local law to determine the increase in market value of the land as a result of reclamation work. Any aggrieved party may appeal in the manner provided by local law.
</P>
<CITA TYPE="N">[47 FR 28599, June 30, 1982, as amended at 73 FR 67642, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 882.14" NODE="30:3.0.1.16.75.0.1.5" TYPE="SECTION">
<HEAD>§ 882.14   Satisfaction of liens.</HEAD>
<P>(a) A lien placed on private property shall be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property.
</P>
<P>(b) The OSM, State, or Indian tribe which files a lien on private property shall maintain or renew it from time to time as may be required under State or local law.
</P>
<P>(c) Moneys derived from the satisfaction of liens established under this part shall be deposited in the appropriate abandoned mine reclamation fund account. 


</P>
</DIV8>

</DIV5>


<DIV5 N="884" NODE="30:3.0.1.16.76" TYPE="PART">
<HEAD>PART 884—STATE RECLAMATION PLANS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 28600, June 30, 1982, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 884.1" NODE="30:3.0.1.16.76.0.1.1" TYPE="SECTION">
<HEAD>§ 884.1   Scope.</HEAD>
<P>This part establishes the procedures and requirements for the preparation, submission and approval of State reclamation plans.


</P>
</DIV8>


<DIV8 N="§ 884.5" NODE="30:3.0.1.16.76.0.1.2" TYPE="SECTION">
<HEAD>§ 884.5   Definitions.</HEAD>
<P>As used in this part—
</P>
<P><I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.
</P>
<CITA TYPE="N">[73 FR 67642, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 884.11" NODE="30:3.0.1.16.76.0.1.3" TYPE="SECTION">
<HEAD>§ 884.11   State eligibility.</HEAD>
<P>You, a State or Indian tribe, are eligible to submit a reclamation plan if you have eligible lands or water as defined in § 700.5 of this chapter within your jurisdiction. We may approve your proposed reclamation plan if you have an approved State regulatory program under section 503 of SMCRA, and you meet the other requirements of this chapter and SMCRA. The States of Tennessee and Missouri are exempt from the requirement for an approved State regulatory program by section 402(g)(8)(B) of SMCRA. The Navajo, Hopi, and Crow Indian tribes are exempt from the requirement for an approved regulatory program by section 405(k) of SMCRA.
</P>
<CITA TYPE="N">[73 FR 67642, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 884.13" NODE="30:3.0.1.16.76.0.1.4" TYPE="SECTION">
<HEAD>§ 884.13   Content of proposed State reclamation plan.</HEAD>
<P>(a) <I>Requirements applicable to all eligible States and Indian tribes.</I> You must submit the proposed reclamation plan to the Director in writing. The plan must include the information in paragraphs (a)(1) through (6) of this section.
</P>
<P>(1) A designation by the Governor of the State or the governing authority of the Indian tribe of the agency authorized to administer the State or Tribal reclamation program and to receive and administer grants under part 885 or part 886 of this chapter.
</P>
<P>(2) A legal opinion from the State Attorney General or the chief legal officer of the State agency that the designated agency has the authority under State law to conduct the program in accordance with the requirements of Title IV of the Act.
</P>
<P>(3) A description of the policies and procedures to be followed by the designated agency in conducting the reclamation program, including—
</P>
<P>(i) The purposes of the State reclamation program;
</P>
<P>(ii) The specific criteria, consistent with section 403 of the Act for ranking and identifying projects to be funded;
</P>
<P>(iii) The coordination of reclamation work among the State reclamation program, the Rural Abandoned Mine Program administered by the Soil Conservation Service, the reclamation programs of any Indian tribes located within the States, and OSM's reclamation programs; and
</P>
<P>(iv) Policies and procedures regarding land acquisition, management and disposal under 30 CFR part 879;
</P>
<P>(v) Policies and procedures regarding reclamation on private land under 30 CFR part 882;
</P>
<P>(vi) Policies and procedures regarding rights of entry under 30 CFR part 877; and
</P>
<P>(vii) Public participation and involvement in the preparation of the State reclamation plan and in the State reclamation program. 
</P>
<P>(4) A description of the administrative and management structure to be used in conducting the reclamation program, including—
</P>
<P>(i) The organization of the designated agency and its relationship to other State organizations or officials that will participate in or augment the agency's reclamation capacity; 
</P>
<P>(ii) The personnel staffing policies which will govern the assignment of personnel to the State reclamation program; 
</P>
<P>(iii) The purchasing and procurement systems to be used by the agency. Such systems shall meet the requirements of Office of Management and Budget Circular A-102, Attachment 0; and 
</P>
<P>(iv) The accounting system to be used by the agency, including specific procedures for the operation of the State Abandoned Mine Reclamation Fund. 
</P>
<P>(5) A general description, derived from available data, of the reclamation activities to be conducted under the State reclamation plan, including the known or suspected eligible lands and waters within the State which require reclamation, including—
</P>
<P>(i) A map showing the general location or known or suspected eligible lands and waters; 
</P>
<P>(ii) A description of the problems occurring on these lands and waters; and 
</P>
<P>(iii) How the plan proposes to address each of the problems occurring on these lands and waters. 
</P>
<P>(6) A general description, derived from available data, of the conditions prevailing in the different geographic areas of the State where reclamation is planned, including—
</P>
<P>(i) The economic base; 
</P>
<P>(ii) Significant esthetic, historic or cultural, and recreational values; and 
</P>
<P>(iii) Endangered and threatened plant, fish, and wildlife and their habitat.
</P>
<P>(b) <I>Additional requirement applicable to certified States and Indian tribes.</I> If you are a certified State or Indian tribe, the plan must include a commitment to address eligible coal problems found or occurring after certification as required in §§ 875.13(a)(3) and 875.14(b) of this chapter.
</P>
<CITA TYPE="N">[47 FR 28600, June 30, 1982, as amended at 73 FR 67642, Nov. 14, 2008; 75 FR 60276, Sept. 29, 2010; 80 FR 6447, Feb. 5, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 884.14" NODE="30:3.0.1.16.76.0.1.5" TYPE="SECTION">
<HEAD>§ 884.14   State reclamation plan approval.</HEAD>
<P>(a) The Director shall act upon a State reclamation plan within 90 days after submittal. A State reclamation plan shall not be approved until the Director has—
</P>
<P>(1) Held a public hearing on the plan within the State which submitted it, or made a finding that the State provided adequate notice and opportunity for public comment in the development of the plan; 
</P>
<P>(2) Solicited and considered the views of other Federal agencies having an interest in plan; 
</P>
<P>(3) Determined that the State has the legal authority, policies, and administrative structure necessary to carry out the proposed plan; 
</P>
<P>(4) Determined that the proposed plan meets all the requirements of this subchapter; 
</P>
<P>(5) Determined that the State has an approved State regulatory program; and 
</P>
<P>(6) Determined that the proposed plan is in compliance with all applicable State and Federal laws and regulations. 
</P>
<P>(b) If the Director disapproves a proposed State reclamation plan, the Director shall advise the State in writing of the reasons for disapproval. The State may submit a revised proposed State reclamation plan at any time under the procedures of this section. 


</P>
</DIV8>


<DIV8 N="§ 884.15" NODE="30:3.0.1.16.76.0.1.6" TYPE="SECTION">
<HEAD>§ 884.15   State reclamation plan amendments.</HEAD>
<P>(a) A State may, at any time, submit to the Director a proposed amendment or revision to its approved reclamation plan. If the amendment or revision changes the objectives, scope or major policies followed by the State in the conduct of its reclamation program, the Director shall follow the procedures set out in § 884.14 in approving or disapproving an amendment or revision of a State reclamation plan.
</P>
<P>(b) The Director shall promptly notify the State of all changes in the Act, the Secretary's regulations or other circumstances which may require an amendment to the State reclamation plan.
</P>
<P>(c) The State shall promptly notify OSM of any conditions or events that prevent or impede it from administering its State reclamation program in accordance with its approved State reclamation plan.
</P>
<P>(d) State reclamation plan amendments may be required by the Director when—
</P>
<P>(1) Changes in the Act or regulations of this chapter result in the approved State reclamation plan no longer meeting the requirements of the Act or this chapter; or
</P>
<P>(2) The State is not conducting its State reclamation program in accordance with the approved State reclamation plan.
</P>
<P>(e) If the Director determines that a State reclamation plan amendment is required, the Director, after consultation with the State, shall establish a reasonable timetable which is consistent with established administrative or legislative procedures in the State for submitting an amendment to the reclamation plan.
</P>
<P>(f) Failure of a State to submit an amendment within the timetable established under paragraph (e) of this section or to make reasonable or diligent efforts in that regard may result in either the suspension of the reclamation plan under § 884.16, reduction, suspension or termination of existing AML grants under § 886.18, or the withdrawal from consideration for approval of all grant applications submitted under § 886.15.
</P>
<CITA TYPE="N">[51 FR 9444, Mar. 19, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 884.16" NODE="30:3.0.1.16.76.0.1.7" TYPE="SECTION">
<HEAD>§ 884.16   Suspension of plan.</HEAD>
<P>(a) The Director may suspend a State reclamation plan in whole or in part, if he determines that—
</P>
<P>(1) Approval of the State regulatory program has been withdrawn in whole or in part;
</P>
<P>(2) The State is not conducting the State reclamation program in accordance with its approved State reclamation plan; or
</P>
<P>(3) The State has not submitted a reclamation plan amendment within the time specified under § 884.15.
</P>
<P>(b) If the Director determines that the plan should be suspended, the Director shall notify the State by mail, return receipt requested, of the proposed action. The notice of proposed suspension shall state the reasons for the proposed action. Within 30 days the State must show cause why such action should not be taken. The Director shall afford the State an opportunity for consultation, including a hearing if requested by the State and performance of remedial action prior to the notice of suspension.
</P>
<P>(c) The Director shall notify the State of his decision in writing. The decision of the Director shall be final.
</P>
<P>(d) The Director shall lift the suspension if he determines that the deficiencies that led to suspension have been corrected.
</P>
<CITA TYPE="N">[47 FR 28600, June 30, 1982, as amended at 51 FR 9444, Mar. 19, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 884.17" NODE="30:3.0.1.16.76.0.1.8" TYPE="SECTION">
<HEAD>§ 884.17   Other uses by certified States and Indian tribes.</HEAD>
<P>(a) The reclamation plan for a certified State or Indian tribe may provide for the construction of specific public facilities related to the coal or minerals industries in States impacted by coal or minerals development. This form of assistance is available when the Governor of the State or the head of a governing body of an Indian tribe determines there is a need for such activities or construction and the Director concurs.
</P>
<P>(b) Grant applications for uses other than coal reclamation by certified States and Indian tribes may be submitted in accordance with § 885.15 of this chapter.
</P>
<CITA TYPE="N">[47 FR 28600, June 30, 1982, as amended at 73 FR 67642, Nov. 14, 2008; 80 FR 6447, Feb. 5, 2015]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="885" NODE="30:3.0.1.16.77" TYPE="PART">
<HEAD>PART 885—GRANTS FOR CERTIFIED STATES AND INDIAN TRIBES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 67642, Nov. 14, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 885.1" NODE="30:3.0.1.16.77.0.1.1" TYPE="SECTION">
<HEAD>§ 885.1   What does this part do?</HEAD>
<P>This part sets forth procedures for grants to you, a State or Indian tribe that has certified under § 875.13 of this chapter that all known coal reclamation problems in your State or on Indian lands within your jurisdiction have been addressed. OSM's “Final Guidelines for Reclamation Programs and Projects” (66 FR 31250, June 11, 2001) may be used if applicable.


</P>
</DIV8>


<DIV8 N="§ 885.5" NODE="30:3.0.1.16.77.0.1.2" TYPE="SECTION">
<HEAD>§ 885.5   Definitions.</HEAD>
<P>As used in this part—
</P>
<P><I>Award</I> means to approve our grant agreement authorizing you to draw down and expend program funds.
</P>
<P><I>Distribute</I> means to annually assign funds to a specific State or Indian tribe. After distribution, funds are available for award in a grant to that specific State or Indian tribe.
</P>
<P><I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.


</P>
</DIV8>


<DIV8 N="§ 885.10" NODE="30:3.0.1.16.77.0.1.3" TYPE="SECTION">
<HEAD>§ 885.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the Office of Management and Budget (OMB) has approved the information collection requirements for all Title IV grants and assigned clearance number 1029-0059. This information is being collected to obtain an estimate from you, the certified State or Indian tribe, of the funds you believe necessary to implement your program and to provide OSM with a means to measure performance results under the Government Performance and Results Act through your obligations of funds. Certified States and Indian tribes are required to respond to obtain a benefit in accordance with SMCRA. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.


</P>
</DIV8>


<DIV8 N="§ 885.11" NODE="30:3.0.1.16.77.0.1.4" TYPE="SECTION">
<HEAD>§ 885.11   Who is eligible for a grant?</HEAD>
<P>You are eligible for grants under this part if:
</P>
<P>(a) You are a State or Indian tribe with a reclamation plan approved under part 884 of this chapter; and
</P>
<P>(b) You have certified under § 875.13 of this chapter that all known coal problems in your State or on Indian lands in your jurisdiction have been addressed.


</P>
</DIV8>


<DIV8 N="§ 885.12" NODE="30:3.0.1.16.77.0.1.5" TYPE="SECTION">
<HEAD>§ 885.12   What can I use grant funds for?</HEAD>
<P>(a) For all awards under this part, you must use moneys for activities authorized in SMCRA and included in your approved reclamation plan or described in the grant application. In addition, you may use moneys granted under this part to administer your approved reclamation program.
</P>
<P>(b)(1) You may use grant funds as established for each type of funds you receive.
</P>
<P>(2) You may use certified in lieu funds as provided under § 872.34 of this chapter.
</P>
<P>(3) You may use the following moneys for noncoal reclamation projects under section 411 of the Act and part 875 of this chapter:
</P>
<P>(i) Moneys that may be available to you from the Fund.
</P>
<P>(ii) Certified in lieu funds as provided under § 872.34 of this chapter.
</P>
<P>(c) You may use grant funds for any allowable cost as determined by the OMB cost principles in Circular A-87.
</P>
<CITA TYPE="N">[73 FR 67642, Nov. 14, 2008, as amended at 80 FR 6447, Feb. 5, 2015; 90 FR 52867, Nov. 24, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 885.13" NODE="30:3.0.1.16.77.0.1.6" TYPE="SECTION">
<HEAD>§ 885.13   What are the maximum grant amounts?</HEAD>
<P>(a) You may apply at any time for a grant of any or all of the Title IV funds that are available to you.
</P>
<P>(b) We will not award an amount greater than the total funds distributed to your State or Indian tribe in the current annual fund distribution less any previous awards of current year funds, plus any funds distributed to you in previous years but not awarded, plus any unexpended funds recovered from previous grants and made available to you under § 885.19 of this chapter.
</P>
<P>(c) Funds for the current fiscal year are available for award after the annual fund distribution described in § 872.13 of this chapter.
</P>
<P>(d) Whenever you request it, we will give you information on the amounts and types of funds that are currently available to you.


</P>
</DIV8>


<DIV8 N="§ 885.14" NODE="30:3.0.1.16.77.0.1.7" TYPE="SECTION">
<HEAD>§ 885.14   How long is my grant?</HEAD>
<P>The performance period for your grant will be the time period you request in your grant application.


</P>
</DIV8>


<DIV8 N="§ 885.15" NODE="30:3.0.1.16.77.0.1.8" TYPE="SECTION">
<HEAD>§ 885.15   How do I apply for a grant?</HEAD>
<P>(a) You must use application forms and procedures specified by OSM.
</P>
<P>(b) We award your grant as soon as practicable but no more than 30 days after we receive your complete application.
</P>
<P>(c) If your application is not complete, we inform you as soon as practicable of the additional information we need to receive from you before we can process the award.
</P>
<P>(d) You must agree to expend the funds of the grant in accordance with SMCRA, applicable Federal laws and regulations, and applicable OMB and Treasury Circulars.


</P>
</DIV8>


<DIV8 N="§ 885.16" NODE="30:3.0.1.16.77.0.1.9" TYPE="SECTION">
<HEAD>§ 885.16   What responsibilities do I have after OSMRE approves my grant?</HEAD>
<P>(a) When we award your grant, we send you a written grant agreement stating the terms of the grant.
</P>
<P>(b) After you are awarded a grant, you may assign functions and funds to other Federal, State, or local organizations. However, we will hold you responsible for the overall administration of that grant, including the proper use of funds and reporting.
</P>
<P>(c) The grant award constitutes an obligation of Federal funds. You accept the grant and its conditions once you initiate work under the agreement or draw down awarded funds.
</P>
<P>(d) Although we have approved the grant agreement, you must ensure that any applicable laws, clearances, permits, or requirements are met before you expend funds for projects other than coal reclamation under part 874.
</P>
<P>(e) If you conduct a coal reclamation project under part 874 of this chapter or noncoal reclamation project under part 875 of this chapter, you must not expend any construction funds until you receive a written authorization from us to proceed on an individual project. Our authorization to proceed ensures that both you and we have taken all actions necessary to ensure compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 <I>et seq.</I>) and any other applicable laws, clearances, permits, or requirements.
</P>
<P>(f) To the extent technologically and economically feasible, you must use fuel other than petroleum or natural gas for all public facilities that are planned, constructed, or modified in whole or in part with Title IV grant funds.
</P>
<P>(g) You must not expend more funds than we have awarded. Our award of any grant does not commit or obligate the United States to award any continuation grant or to enter into any grant revision, including grant increases to cover cost overruns.
</P>
<CITA TYPE="N">[73 FR 67642, Nov. 14, 2008, as amended at 80 FR 6447, Feb. 5, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 885.17" NODE="30:3.0.1.16.77.0.1.10" TYPE="SECTION">
<HEAD>§ 885.17   How can my grant be amended?</HEAD>
<P>(a) A grant amendment is a change of terms or conditions of the grant agreement. An amendment may be initiated by you or by us.
</P>
<P>(b) You must promptly notify us in writing, or we must promptly notify you in writing, of events or proposed changes that may require a grant amendment.
</P>
<P>(c) All requirements and procedures for grant amendments follow 43 CFR part 12.
</P>
<P>(d) We must award your amended grant agreement within 20 days of receiving your request.


</P>
</DIV8>


<DIV8 N="§ 885.18" NODE="30:3.0.1.16.77.0.1.11" TYPE="SECTION">
<HEAD>§ 885.18   What audit, accounting, and administrative requirements must I meet?</HEAD>
<P>(a) You must comply with the audit requirements of the OMB Circular A-133.
</P>
<P>(b) You must follow procedures governing grant accounting, payment, records, property, and management contained in 43 CFR part 12.


</P>
</DIV8>


<DIV8 N="§ 885.19" NODE="30:3.0.1.16.77.0.1.12" TYPE="SECTION">
<HEAD>§ 885.19   What happens to unused funds from my grant?</HEAD>
<P>All program grant funds are available until expended. If there are any unexpended funds after your grant is completed, we deobligate the funds when we close your grant. We make these unused funds available for re-award to the same certified State or Indian tribe to which they were originally distributed. You may apply for unused funds whenever you choose to request them either in a new grant award or as an amendment to an existing open grant.


</P>
</DIV8>


<DIV8 N="§ 885.20" NODE="30:3.0.1.16.77.0.1.13" TYPE="SECTION">
<HEAD>§ 885.20   What must I report?</HEAD>
<P>(a) For each grant, you must annually report to us the performance and financial information that we request.
</P>
<P>(b) Upon completion of each grant, you must report to us final performance and financial information that we request.
</P>
<P>(c) You must use the AML inventory to maintain a current list of AML problems and to report annual reclamation accomplishments with grant funds.
</P>
<P>(1) If you conduct coal reclamation projects or noncoal reclamation projects under part 875 of this chapter, you must update the AML inventory for each reclamation project as you fund it.
</P>
<P>(2) You must update the AML inventory for each reclamation project you complete as you complete it.
</P>
<P>(3) We must approve any amendments to the AML inventory after December 20, 2006. We define <I>amendment</I> as any coal problems added to the AML inventory in a new or existing problem area.
</P>
<CITA TYPE="N">[73 FR 67642, Nov. 14, 2008, as amended at 80 FR 6447, Feb. 5, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 885.21" NODE="30:3.0.1.16.77.0.1.14" TYPE="SECTION">
<HEAD>§ 885.21   What happens if I do not comply with applicable Federal law or the terms of my grant?</HEAD>
<P>If you or your subgrantee materially fails to comply with an award, a reclamation plan, or a Federal statute or regulation, including statutes relating to nondiscrimination, we may take appropriate remedial actions. Enforcement actions and procedures must follow 43 CFR part 12.


</P>
</DIV8>


<DIV8 N="§ 885.22" NODE="30:3.0.1.16.77.0.1.15" TYPE="SECTION">
<HEAD>§ 885.22   When and how can my grant be terminated for convenience?</HEAD>
<P>Either you or we may terminate the grant for convenience following the procedures in 43 CFR part 12.


</P>
</DIV8>

</DIV5>


<DIV5 N="886" NODE="30:3.0.1.16.78" TYPE="PART">
<HEAD>PART 886—RECLAMATION GRANTS FOR UNCERTIFIED STATES AND INDIAN TRIBES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 67644, Nov. 14, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 886.1" NODE="30:3.0.1.16.78.0.1.1" TYPE="SECTION">
<HEAD>§ 886.1   What does this part do?</HEAD>
<P>This part sets forth procedures for grants to you, an uncertified State or Indian tribe, to reclaim eligible lands and water and conduct other activities necessary to carry out your approved reclamation plan. OSM's “Final Guidelines for Reclamation Programs and Projects” (66 FR 31250, June 11, 2001) may be used as applicable.


</P>
</DIV8>


<DIV8 N="§ 886.5" NODE="30:3.0.1.16.78.0.1.2" TYPE="SECTION">
<HEAD>§ 886.5   Definitions.</HEAD>
<P>As used in this Part—
</P>
<P><I>Award</I> means to approve our grant agreement authorizing you to draw down and expend program funds.
</P>
<P><I>Distribute</I> means to annually assign funds to a specific State or Indian tribe. After distribution, funds are available for award in a grant to that specific State or Indian tribe.
</P>
<P><I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.


</P>
</DIV8>


<DIV8 N="§ 886.10" NODE="30:3.0.1.16.78.0.1.3" TYPE="SECTION">
<HEAD>§ 886.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.</I>, the Office of Management and Budget (OMB) has approved the information collection requirements of part 886, and Forms OSM-47, OSM-49, and OSM-51, and assigned clearance number 1029-0059. This information is being collected to obtain an estimate from you the uncertified State or Indian tribe of the funds you believe necessary to implement your reclamation program and to provide OSM with a means to measure performance results under the Government Performance and Results Act through State and Tribal obligations of funds. Uncertified States and Indian tribes are required to respond to obtain a benefit in accordance with SMCRA. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.


</P>
</DIV8>


<DIV8 N="§ 886.11" NODE="30:3.0.1.16.78.0.1.4" TYPE="SECTION">
<HEAD>§ 886.11   Who is eligible for a grant?</HEAD>
<P>You are eligible for grants under this part if:
</P>
<P>(a) You are a State or Indian tribe with a reclamation plan approved under part 884 of this chapter; and
</P>
<P>(b) You have not certified that all known coal problems in your State or on Indian lands in your jurisdiction have been addressed.


</P>
</DIV8>


<DIV8 N="§ 886.12" NODE="30:3.0.1.16.78.0.1.5" TYPE="SECTION">
<HEAD>§ 886.12   What can I use grant funds for?</HEAD>
<P>(a) You must use moneys granted under this part to administer your approved reclamation program and to carry out the specific reclamation and other activities authorized in SMCRA as included in your reclamation plan or your grant application.
</P>
<P>(b) We award grants for reclamation of eligible lands and water in accordance with sections 404 and 409 of SMCRA and §§ 874.12 and 875.12 of this chapter, and in accordance with the priorities stated in section 403 of SMCRA and § 874.13 of this chapter.
</P>
<P>(c) You may use grant funds as established in this chapter for each type of funds you receive in your AML grant. You may use State share funds as provided in § 872.16 of this chapter; Tribal share funds as in § 872.19 of this chapter; historic coal funds as in § 872.23 of this chapter; minimum program make up funds as in § 872.28 of this chapter; and Federal expense funds as in § 872.25 of this chapter and in the appropriation.
</P>
<P>(d) You may use grant funds for acquisition of land or interests in land, and any mineral or water rights associated with the land, for up to 90 percent of the costs.
</P>
<P>(e) You may use grant funds only for costs which are allowable as determined by OMB cost principles in Circular A-87.
</P>
<CITA TYPE="N">[73 FR 67644, Nov. 14, 2008, as amended at 90 FR 52865, Nov. 24, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 886.13" NODE="30:3.0.1.16.78.0.1.6" TYPE="SECTION">
<HEAD>§ 886.13   What are the maximum grant amounts?</HEAD>
<P>(a) You may apply at any time for a grant of any or all of the program funds that are available to you.
</P>
<P>(b) We will not award an amount greater than the total funds distributed to your State or Indian tribe in the current annual fund distribution, less any previous awards of current year funds, plus any funds distributed to you in previous years but not awarded, plus any unexpended funds recovered from previous grants and made available to you under § 886.20 of this chapter.
</P>
<P>(c) Funds for the current fiscal year are available for award after the annual fund distribution described in § 872.13 of this chapter.
</P>
<P>(d) Whenever you request it, we will give you information on the amounts and types of funds that are currently available to you.


</P>
</DIV8>


<DIV8 N="§ 886.14" NODE="30:3.0.1.16.78.0.1.7" TYPE="SECTION">
<HEAD>§ 886.14   How long will my grant be?</HEAD>
<P>(a) We approve a grant period on the basis of the information contained in the grant application showing that projects to be funded will fulfill the objectives of SMCRA and the approved reclamation plan.
</P>
<P>(b) The grant period is normally for 3 years.
</P>
<P>(c) We may extend the grant period at your request. We normally approve one extension for up to one additional year.
</P>
<P>(d) The grant period for funding your administrative costs does not normally exceed the first year of the grant.
</P>
<P>(e) We award grants containing State or Tribal share funds distributed to you in Fiscal Years 2008, 2009, or 2010 for a budget period of five or three years at your request.


</P>
</DIV8>


<DIV8 N="§ 886.15" NODE="30:3.0.1.16.78.0.1.8" TYPE="SECTION">
<HEAD>§ 886.15   How do I apply for a grant?</HEAD>
<P>(a) You must use application forms and procedures specified by OSM.
</P>
<P>(b) We approve or disapprove your grant application within 60 days of receipt.
</P>
<P>(c) If we do not approve your application, we inform you in writing of the reasons for disapproval. We may propose modifications if appropriate. You may resubmit the application or appropriate revised portions of the application. We process the revised application as an original application.
</P>
<P>(d) You must agree to carry out activities funded by the grant in accordance with SMCRA, applicable Federal laws and regulations, and applicable OMB and Treasury Circulars.
</P>
<P>(e) We do not require complete copies of plans and specifications for projects either before the grant is approved or at the start of the project. However, after the start of the project, we may review your plans and specifications at your office, the project site, or any other appropriate site.


</P>
</DIV8>


<DIV8 N="§ 886.16" NODE="30:3.0.1.16.78.0.1.9" TYPE="SECTION">
<HEAD>§ 886.16   After OSM approves my grant, what responsibilities do I have?</HEAD>
<P>(a) When we award your grant, we send you a written grant agreement stating the terms of the grant.
</P>
<P>(b) After you are awarded a grant, you may assign functions and funds to other Federal, State, or local agencies. However, we will hold you responsible for the overall administration of that grant, including the proper use of funds and reporting.
</P>
<P>(c) The grant award constitutes an obligation of Federal funds. You accept the grant and its conditions once you initiate work under the agreement or draw down awarded funds.
</P>
<P>(d) Although we have approved the grant agreement, you must not expend any construction funds until you receive a written authorization to proceed with reclamation on the individual project. Our Authorization to Proceed ensures that both you and we have taken all actions necessary to ensure compliance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 <I>et seq.</I>) and any other applicable laws, clearances, permits, or requirements.
</P>
<P>(e) You must enter coal problems in the AML inventory before you expend funds on design or construction activities for a site. We must approve any amendments to the AML inventory made after December 20, 2006. For purposes of this section, we define “amendment” as any coal problem added to the AML inventory in a new or existing problem area and any Priority 3 coal problem in the AML inventory that is elevated to either Priority 1 or Priority 2 status.
</P>
<P>(1) For emergency projects conducted under section 410 of SMCRA, our finding that an emergency condition exists constitutes our approval for the abandoned mine lands problem to be entered into the AML inventory.
</P>
<P>(2) We must approve amendments to the AML inventory for non-emergency coal problems before you, the State or Indian tribe, begin project development or design or use funds for construction activities. In projects where development and design is minimal, this approval may occur during the Authorization to Proceed process.
</P>
<P>(f) To the extent technologically and economically feasible, you must use fuel other than petroleum or natural gas for all public facilities that are planned, constructed, or modified in whole or in part with abandoned mine land grant funds.
</P>
<P>(g) You must not expend more funds than we have awarded. Our award of any grant does not commit or obligate the United States to award any continuation grant or to enter into any grant revision, including grant increases to cover cost overruns.


</P>
</DIV8>


<DIV8 N="§ 886.17" NODE="30:3.0.1.16.78.0.1.10" TYPE="SECTION">
<HEAD>§ 886.17   How can my grant be amended?</HEAD>
<P>(a) A grant amendment is a change of the terms or conditions of the grant agreement. An amendment may be initiated by you or by us.
</P>
<P>(b) You must promptly notify us in writing, or we must promptly notify you in writing, of events or proposed changes that may require a grant amendment.
</P>
<P>(c) All procedures for grant amendments follow 43 CFR part 12.
</P>
<P>(d) We must approve or disapprove the amendment within 30 days of receiving your request.


</P>
</DIV8>


<DIV8 N="§ 886.18" NODE="30:3.0.1.16.78.0.1.11" TYPE="SECTION">
<HEAD>§ 886.18   What audit and administrative requirements must I meet?</HEAD>
<P>(a) You must comply with the audit requirements of the OMB Circular A-133.
</P>
<P>(b) You must follow administrative procedures governing grant payments, property, and related requirements contained in 43 CFR part 12.


</P>
</DIV8>


<DIV8 N="§ 886.19" NODE="30:3.0.1.16.78.0.1.12" TYPE="SECTION">
<HEAD>§ 886.19   How must I account for grant funds?</HEAD>
<P>You must do all of the following in accordance with the requirements of 43 CFR part 12:
</P>
<P>(a) Accurately and timely account for grant funds;
</P>
<P>(b) Adequately safeguard all funds, property, and other assets and assure that they are used solely for authorized purposes;
</P>
<P>(c) Provide a comparison of actual amounts spent with budgeted amounts for each grant;
</P>
<P>(d) Request any cash advances as closely as possible to the actual time of the disbursement; and
</P>
<P>(e) Design a systematic method to assure timely and appropriate resolution of audit findings and recommendations.


</P>
</DIV8>


<DIV8 N="§ 886.20" NODE="30:3.0.1.16.78.0.1.13" TYPE="SECTION">
<HEAD>§ 886.20   What happens to unused funds from my grant?</HEAD>
<P>(a) If there are any unexpended funds after your grant is completed, we deobligate the funds when we close your grant. We treat unused funds as follows:
</P>
<P>(1) We transfer any State share funds under § 872.14 of this chapter or Tribal share funds under § 872.17 that were not expended within three years of the date they were awarded in a grant, except five years for funds awarded in Fiscal Years 2008, 2009, and 2010, to historic coal funds, § 872.21 of this chapter. We distribute any funds transferred to historic coal in the next annual distribution in the same way as historic coal funds from fee collections during that fiscal year.
</P>
<P>(2) We hold any unused Federal expense funds under § 872.24 of this chapter for distribution to any State or Indian tribe as needed for the activity for which the funds were appropriated.
</P>
<P>(3) We make unused funds of all other types available for re-award to the same State or Indian tribe to which they were originally distributed. This includes historic coal funds under § 872.21 of this chapter and minimum program make up funds under § 872.26 of this chapter.
</P>
<P>(b) If you have any State share funds or Tribal share funds that were distributed to you in an annual distribution under § 872.15 or § 872.18 of this chapter but that were not awarded to you in grant within 3 years of the date they were distributed, or 5 years for funds distributed in Fiscal Years 2008, 2009, and 2010, we transfer the unawarded funds to the historic coal fund under § 872.21 of this chapter and distribute them in the next annual distribution.
</P>
<CITA TYPE="N">[73 FR 67644, Nov. 14, 2008, as amended at 90 FR 52865, Nov. 24, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 886.21" NODE="30:3.0.1.16.78.0.1.14" TYPE="SECTION">
<HEAD>§ 886.21   What must I report?</HEAD>
<P>(a) For each grant, you must annually report to us the performance and financial information that we specify.
</P>
<P>(b) Upon completion of each grant, you must submit to us final performance, financial, and property reports, and any other information that we specify.
</P>
<P>(c) When you complete each reclamation project, you must update the AML inventory.


</P>
</DIV8>


<DIV8 N="§ 886.22" NODE="30:3.0.1.16.78.0.1.15" TYPE="SECTION">
<HEAD>§ 886.22   What records must I maintain?</HEAD>
<P>You must maintain complete records in accordance with 43 CFR part 12. Your records must support the information you reported to us. This includes, but is not limited to, books, documents, maps, and other evidence. Accounting records must document procedures and practices sufficient to verify:
</P>
<P>(a) The amount and use of all Title IV funds received; and
</P>
<P>(b) The total direct and indirect costs of the reclamation program for which you received the grant.


</P>
</DIV8>


<DIV8 N="§ 886.23" NODE="30:3.0.1.16.78.0.1.16" TYPE="SECTION">
<HEAD>§ 886.23   What actions can OSM take if I do not comply with the terms of my grant?</HEAD>
<P>(a) If you, or your subgrantee, fail to comply with the terms of your grant, we may take one or more of the following remedial actions, as appropriate in the circumstances:
</P>
<P>(1) Temporarily withhold cash payments pending your correction of the deficiency;
</P>
<P>(2) Disallow (that is, deny both use of Federal funds and matching credit for non-Federal funds) all or part of the cost of the activity or action not in compliance;
</P>
<P>(3) Wholly or partly reduce, suspend or terminate the current award for your program;
</P>
<P>(4) Withhold further grant awards for the program; or
</P>
<P>(5) Take other remedies that may be legally available.
</P>
<P>(b) If we terminate your State regulatory administration and enforcement grant, provided under part 735 of this chapter, for failure to implement, enforce, or maintain an approved State regulatory program or any part thereof, we will terminate the grant awarded under this part. This paragraph does not apply to the States of Missouri or Tennessee under section 402(g)(8)(B) of SMCRA, or to the Navajo, Hopi and Crow Indian tribes under section 405(k) of SMCRA.
</P>
<P>(c) If you fail to enforce the financial interest provisions of part 705 of this chapter, we will terminate the grant.
</P>
<P>(d) If you fail to submit reports required by this part or part 705 of this chapter, we take appropriate remedial actions. We may terminate the grant.
</P>
<P>(e) If you fail to submit a reclamation plan amendment as required by § 884.15 of this chapter, we may reduce, suspend, or terminate all existing AML grants in whole or in part or may refuse to process all future grant applications.
</P>
<P>(f) If you are not in compliance with all Federal statutes relating to nondiscrimination, including but not limited to the following, we will terminate the grant:
</P>
<P>(1) Title VI of the Civil Rights Act of 1964, Public Law 88-352, 78 Stat. 252 (42 U.S.C. 2000d <I>et seq.</I>). “Nondiscrimination in Federally Assisted Programs,” which provides that no person in the United States shall on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, and the implementing regulations in 43 CFR part 17.
</P>
<P>(2) Executive Order 11246, as amended by Executive Order 11375, “Equal Employment Opportunity,” requiring that employees or applicants for employment not be discriminated against because of race, creed, color, sex, or national origin, and the implementing regulations in 40 CFR part 60.
</P>
<P>(3) Section 504 of the Rehabilitation Act of 1973, Public Law 93-112, 87 Stat. 355 (29 U.S.C. 794), as amended by Executive Order 11914, “Nondiscrimination with Respect to the Handicapped in Federally Assisted Programs.”


</P>
</DIV8>


<DIV8 N="§ 886.24" NODE="30:3.0.1.16.78.0.1.17" TYPE="SECTION">
<HEAD>§ 886.24   What procedures will OSM follow to reduce, suspend, or terminate my grant?</HEAD>
<P>We will use the following procedures to reduce, suspend, or terminate your grant:
</P>
<P>(a) We must give you at least 30 days written notice of intent to reduce, suspend, or terminate a grant. An OSM official authorized to approve your grant must sign our notice of intent. We must send this notice by certified mail, return receipt requested. Our notice must include the reasons for the proposed action and the proposed effective date of the action.
</P>
<P>(b) We must give you opportunity for consultation and remedial action before we reduce or terminate a grant.
</P>
<P>(c) We must notify you in writing of the termination, suspension, or reduction of the grant. The notice must be signed by the authorized approving official and sent by certified mail, return receipt requested.
</P>
<P>(d) Upon termination, you must refund to us that remaining portion of the grant money not encumbered. However, you may retain any portion of the grant that is required to meet contractual commitments made before the effective date of termination.
</P>
<P>(e) You must not make any new commitments of grant funds after receiving notification of our intent to terminate the grant without our approval.
</P>
<P>(f) We may allow termination costs as determined by applicable Federal cost principles listed in OMB Circular A-87.


</P>
</DIV8>


<DIV8 N="§ 886.25" NODE="30:3.0.1.16.78.0.1.18" TYPE="SECTION">
<HEAD>§ 886.25   How can I appeal a decision to reduce, suspend, or terminate my grant?</HEAD>
<P>(a) Within 30 days of our decision to reduce, suspend, or terminate a grant, you may appeal the decision to the Director.
</P>
<P>(1) You must include in your appeal a statement of the decision being appealed and the facts that you believe justify a reversal or modification of the decision.
</P>
<P>(2) The Director must decide the appeal within 30 days of receipt.
</P>
<P>(b) Within 30 days of a decision by the Director to reduce, suspend, or terminate a grant, you may appeal the decision to the Department of the Interior's Office of Hearings and Appeals. You must include in the appeal a statement of the decision being appealed and the facts that you believe justify a reversal or modification of the decision.


</P>
</DIV8>


<DIV8 N="§ 886.26" NODE="30:3.0.1.16.78.0.1.19" TYPE="SECTION">
<HEAD>§ 886.26   When and how can my grant be terminated for convenience?</HEAD>
<P>Either you or we may terminate or reduce a grant if both parties agree that continuing the program would not produce benefits worth the additional costs. We will handle a termination for convenience as an amendment to the grant to be approved by the OSM official authorized to approve your grant.


</P>
</DIV8>


<DIV8 N="§ 886.27" NODE="30:3.0.1.16.78.0.1.20" TYPE="SECTION">
<HEAD>§ 886.27   What special procedures apply to Indian lands not subject to an approved Tribal reclamation program?</HEAD>
<P>(a) This section applies to Indian lands not subject to an approved Tribal reclamation program. The Director is authorized to mitigate emergency situations or extreme danger situations arising from past mining practices and begin reclamation of other areas determined to have high priority on such lands.
</P>
<P>(b) The Director is authorized to receive proposals from Indian tribes for projects that should be carried out on Indian lands subject to this section and to carry out these projects under parts 872 through 882 of this chapter.
</P>
<P>(c) For reclamation activities carried out under this section on Indian lands, the Director shall consult with the Indian tribe and the Bureau of Indian Affairs office having jurisdiction over the Indian lands.
</P>
<P>(d) If a proposal is made by an Indian tribe and approved by the Director, the Tribal governing body shall approve the project plans. The costs of the project may be charged against Federal expense funds under § 872.25 of this chapter.
</P>
<P>(e) Approved projects may be carried out directly by the Director or through such arrangements as the Director may make with the Bureau of Indian Affairs or other agencies.


</P>
</DIV8>

</DIV5>


<DIV5 N="887" NODE="30:3.0.1.16.79" TYPE="PART">
<HEAD>PART 887—SUBSIDENCE INSURANCE PROGRAM GRANTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>51 FR 5493, Feb. 13, 1986, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 887.1" NODE="30:3.0.1.16.79.0.1.1" TYPE="SECTION">
<HEAD>§ 887.1   Scope.</HEAD>
<P>This part sets forth the procedures for grants to you, a State or Indian tribe with an approved reclamation plan to establish, administer, and operate a self-sustaining individual State or Indian tribe administered program to insure private property against damages caused by land subsidence resulting from underground coal mining.
</P>
<CITA TYPE="N">[73 FR 67647, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 887.5" NODE="30:3.0.1.16.79.0.1.2" TYPE="SECTION">
<HEAD>§ 887.5   Definitions.</HEAD>
<P>As used in this part—
</P>
<P><I>Establishment</I>—means either the development of a subsidence insurance program or the administration or operation of a subsidence insurance program.
</P>
<P><I>Private property</I>—means any or all of the following: dwellings and improvements, commercial and industrial structures, utilities, underground structures such as sewers, pipes, wells and septic systems, sidewalks and driveways, and land. 
</P>
<P><I>Reclamation plan</I> or <I>State reclamation plan</I> means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.
</P>
<P><I>Self-sustaining</I> means maintaining an insurance rate structure which is designed to be actuarially sound. Self-sustaining requires that State or Indian tribal subsidence insurance programs provide for recovery of payments made in settlement for damages from any party responsible for the damages under the law of the State or Indian tribe. Actuarial soundness implies that funds are sufficient to cover expected losses and expenses including a reasonable allowance for underwriting services and contingencies. Self-sustaining must not preclude the use of funds from other non-Federal sources.
</P>
<P><I>State or Indian tribe administered</I> means administered either directly by a State or Indian tribe or for a State or Indian tribe through a State or Indian tribal authorized commission, board, contractor such as an insurance company, or other entity subject to State or Indian tribal direction.
</P>
<CITA TYPE="N">[51 FR 5493, Feb. 13, 1986, as amended at 73 FR 67647, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 887.10" NODE="30:3.0.1.16.79.0.1.3" TYPE="SECTION">
<HEAD>§ 887.10   Information collection.</HEAD>
<P>In accordance with 44 U.S.C. 3501 <I>et seq.,</I> the OMB has approved the information collection requirements of part 887 and assigned it control number 1029-0107. This information is being collected to support State and Indian tribal grant requests for moneys for the establishment, administration, and operation of self-sustaining State or Indian tribal administered subsidence insurance programs. States and Indian tribes are required to respond to obtain a benefit in accordance with SMCRA. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<CITA TYPE="N">[73 FR 67647, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 887.11" NODE="30:3.0.1.16.79.0.1.4" TYPE="SECTION">
<HEAD>§ 887.11   Eligibility for grants.</HEAD>
<P>You are eligible for grants under this part if you are a State or Indian tribe with a reclamation plan approved under part 884 of this chapter. If you are uncertified, you must have State share funds available under § 872.14 of this chapter or Tribal share funds available under § 872.17 of this chapter. If you have certified completion of coal reclamation under section 411(a) of SMCRA, you must have certified in lieu funds available under § 872.32 of this chapter, or prior balance replacement funds available under § 872.29 of this chapter if the State legislature or Tribal council has established this purpose.
</P>
<CITA TYPE="N">[73 FR 67647, Nov. 14, 2008]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>At 90 FR 52865, Nov. 24, 2025, § 887.11 was amended; however, the amendment could not be incorporated due to inaccurate amendatory instruction.</PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 887.12" NODE="30:3.0.1.16.79.0.1.5" TYPE="SECTION">
<HEAD>§ 887.12   Coverage and amount of grants.</HEAD>
<P>(a) You may use moneys granted under this part to develop, administer, and operate a subsidence insurance program to insure private property against damages caused by subsidence resulting from underground coal mining. The moneys may be used to cover your costs for services and materials according to OMB cost principles, Circular A-87. You may use eligible grant moneys to cover capitalization requirements and initial reserve requirements mandated by applicable State or Tribal law provided use of such moneys is consistent with the 43 CFR part 12.
</P>
<P>(b) You must submit a grant application under the procedures of part 885 of this chapter for certified States and Indian tribes or part 886 of this chapter for uncertified States or Indian tribes. Your application must include the following:
</P>
<P>(1) A narrative statement describing how the subsidence insurance program is “State or Indian tribe administered”; and
</P>
<P>(2) A narrative statement describing how the funds requested will achieve a self-sustaining individual State or Indian tribe administered program to insure private property against subsidence resulting from underground coal mining.
</P>
<P>(c) Grants awarded to you under this part cannot exceed a cumulative total over the lifetime of the program of $3 million.
</P>
<P>(d) You may not use grant moneys from the Fund for lands that are ineligible for reclamation funding under Title IV of SMCRA.
</P>
<P>(e) Insurance premiums must be considered program income and must be used to further eligible subsidence insurance program objectives in accordance with 43 CFR part 12.
</P>
<CITA TYPE="N">[73 FR 67647, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 887.13" NODE="30:3.0.1.16.79.0.1.6" TYPE="SECTION">
<HEAD>§ 887.13   Grant period.</HEAD>
<P>The grant funding period must not exceed 8 years from the time we approve the grant. You must return any unexpended funds remaining at the end of any grant period to us according to 43 CFR part 12.
</P>
<CITA TYPE="N">[73 FR 67647, Nov. 14, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 887.15" NODE="30:3.0.1.16.79.0.1.7" TYPE="SECTION">
<HEAD>§ 887.15   Grant administration requirements and procedures.</HEAD>
<P>The requirements and procedures for grant administration set forth in part 885 of this chapter for reclamation grants to certified States and Indian tribes or in part 886 of this chapter for reclamation grants to uncertified States and Indian tribes must be used for subsidence insurance funds in grants.
</P>
<CITA TYPE="N">[73 FR 67647, Nov. 14, 2008]


</CITA>
</DIV8>

</DIV5>

</DIV4>


<DIV4 N="S [RESERVED]    " NODE="30:3.0.1.17" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER S [RESERVED] 


</HEAD>
</DIV4>


<DIV4 N="T" NODE="30:3.0.1.18" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER T—PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE 


</HEAD>

<DIV5 N="900" NODE="30:3.0.1.18.80" TYPE="PART">
<HEAD>PART 900—INTRODUCTION
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Secs. 102, 201, 405, 503, 504, 505 and 523 of Pub. L. 95-87 (30 U.S.C. 1202, 1211, 1235, 1253, 1254, and 1273).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 6334, Feb. 11, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 900.1" NODE="30:3.0.1.18.80.0.1.1" TYPE="SECTION">
<HEAD>§ 900.1   Scope.</HEAD>
<P>This part sets forth the purpose and organization of parts 901-955 of this subchapter.
</P>
<CITA TYPE="N">[51 FR 19461, May 29, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 900.2" NODE="30:3.0.1.18.80.0.1.2" TYPE="SECTION">
<HEAD>§ 900.2   Objectives.</HEAD>
<P>The objective of this part is to provide an introduction to the synopsis of the approved State programs, the Abandoned Mined Lands Reclamation programs, the cross referencing provisions of Federal programs and the full texts of State and Federal cooperative agreements for regulation of mining on Federal lands. The introduction explains the content and authority of the permanent regulatory programs.


</P>
</DIV8>


<DIV8 N="§ 900.4" NODE="30:3.0.1.18.80.0.1.3" TYPE="SECTION">
<HEAD>§ 900.4   Responsibilities.</HEAD>
<P>(a) Each State that has surface coal mining and reclamation operations or coal exploration activities on non-Federal, non-Indian lands must have either an approved State program or a promulgated Federal program as required by Title V of the Act and 30 CFR chapter VII, subchapter C. Approval of a State program and promulgation of a Federal program are described in the paragraphs below.
</P>
<P>(b) Under section 503 of the Act and 30 CFR parts 730, 731 and 732 a State in which there are coal exploration activities or surface mining and reclamation operations must submit a State program to the Secretary for approval if it wishes to assume exclusive regulatory jurisdiction on non-Federal and non-Indian lands within its borders. The State programs must meet the requirements of the Act and 30 CFR chapter VII, subchapter C.
</P>
<P>(c) Pursuant to section 504 of SMCRA and 30 CFR 736.11, OSM must promulgate and implement a Federal program in each State in which the Director reasonably expects coal exploration or surface coal mining and reclamation operations to exist on non-Federal and non-Indian lands at any time before June, 1985, and either: (1) The State does not submit a State program, (2) the Secretary of the Interior finally disapproves the program submitted by the State, or (3) the Secretary of the Interior withdraws approval of the State program.
</P>
<P>(d) Under section 405 of SMCRA and 30 CFR part 884, each State having within its borders coal mined lands eligible for reclamation under Title IV of SMCRA, may submit to the Secretary a State Reclamation Plan, demonstrating its capability for administering an abandoned mine reclamation program. Title IV provides that the Secretary may approve the plan once the State has an approved regulatory program under Title V of SMCRA. If the Secretary determines that a State has developed and submitted a program for reclamation and has the necessary State legislation to implement the provisions of Title IV, the Secretary shall grant the State exclusive responsibility and authority to implement the provisions of the approved plan. Section 405 of SMCRA (30 U.S.C. 1235) contains the requirements for State reclamation plans.
</P>
<P>(e) States with approved programs may enter into cooperative agreements with OSM in order to become the regulatory authority for coal mining on Federal lands, in accordance with 30 CFR chapter VII, subchapter D. 


</P>
</DIV8>


<DIV8 N="§ 900.11" NODE="30:3.0.1.18.80.0.1.4" TYPE="SECTION">
<HEAD>§ 900.11   Organization of this subchapter.</HEAD>
<P>Parts 901 through 950 are reserved for each State alphabetically. The program applicable within each State is codified in the part for that State. In addition, part 955 establishes rules pursuant to part 850 of this chapter for the training, examination and certification of blasters by OSM for surface coal mining operations in States with Federal programs and on Indian lands. 
</P>
<CITA TYPE="N">[51 FR 19461, May 29, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 900.12" NODE="30:3.0.1.18.80.0.1.5" TYPE="SECTION">
<HEAD>§ 900.12   State regulatory programs.</HEAD>
<P>(a) Upon approval of a State regulatory program the Secretary will publish a final rule to be codified under the applicable part number assigned to the State. The full text will not appear below. Notification of the approval of the program and the dates on which any amendments were submitted will appear. Also included below are the addresses of OSM Headquarters, field and State Regulatory Authority offices where copies of the State programs are available for inspection and copying. 
</P>
<P>(b) Provisions of approved State regulatory programs or permits issued pursuant to an approved State regulatory program may be enforced by the Secretary or his authorized agents pursuant to sections 504(b) and 521 of the Act and part 842 of this chapter. 


</P>
</DIV8>


<DIV8 N="§ 900.13" NODE="30:3.0.1.18.80.0.1.6" TYPE="SECTION">
<HEAD>§ 900.13   Federal programs and Federal coal exploration programs.</HEAD>
<P>The rules for each Federal program and Federal coal exploration program are codified below under the assigned part for the particular State. Rules governing the training, examination and certification of blasters for surface coal mining operations in States with Federal programs are codified in part 955, and referenced by each Federal program. 
</P>
<CITA TYPE="N">[51 FR 19461, May 29, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 900.14" NODE="30:3.0.1.18.80.0.1.7" TYPE="SECTION">
<HEAD>§ 900.14   Abandoned mine land programs.</HEAD>
<P>Programs for reclamation of abandoned mine lands are codified under the applicable part for the State. The date of submittal and approval and the addresses at which copies of the program are available appear below in the applicable part for each State. 


</P>
</DIV8>


<DIV8 N="§ 900.15" NODE="30:3.0.1.18.80.0.1.8" TYPE="SECTION">
<HEAD>§ 900.15   Federal lands program cooperative agreements.</HEAD>
<P>The full text of any State and Federal cooperative agreement for the regulation of coal exploration and mining on Federal lands is published below under the applicable part. In addition, those requirements of a State program which are applicable on Federal lands in the State shall be specified.


</P>
</DIV8>

</DIV5>


<DIV5 N="901" NODE="30:3.0.1.18.81" TYPE="PART">
<HEAD>PART 901—ALABAMA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 901.1" NODE="30:3.0.1.18.81.0.1.1" TYPE="SECTION">
<HEAD>§ 901.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Alabama that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[47 FR 22057, May 20, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 901.10" NODE="30:3.0.1.18.81.0.1.2" TYPE="SECTION">
<HEAD>§ 901.10   State regulatory program approval.</HEAD>
<P>The Secretary conditionally approved the Alabama regulatory program, as resubmitted on January 11, 1982, and clarified in a meeting with OSM on April 9, 1982, and in a letter to OSM on May 14, 1982, effective May 20, 1982. He removed the last condition of program approval effective July 18, 1996. Copies of the approved program are available at:
</P>
<P>(a) Alabama Surface Mining Reclamation Commission, 1811 Second Avenue, 2nd Floor, P.O. Box 2390, Jasper, AL 35502.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Birmingham Field Office, Barber Business Park, 135 Gemini Circle, Homewood, AL 35209.
</P>
<CITA TYPE="N">[64 FR 20165, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 901.15" NODE="30:3.0.1.18.81.0.1.3" TYPE="SECTION">
<HEAD>§ 901.15   Approval of Alabama regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 24, 1982</TD><TD align="left" class="gpotbl_cell">July 27, 1983</TD><TD align="left" class="gpotbl_cell">Recodification of ASMC Rules
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 29, 1983</TD><TD align="left" class="gpotbl_cell">March 2, 1984</TD><TD align="left" class="gpotbl_cell">Ala. Code 9-16-75, 79(1)(a), 87(d), 89(h)(2), 90(b)(10)(b.1), 92(a)(4), 93(f), 94(a), (e), 95 (f), 99(2), 105; ASMC Rules 880-X-: 2A-.06(xx), (yy), (fff), (www)(5), (kkkkkk)(1); 5A-.02(1)(i), .17(1)(n), .18, .36; 8C-.09; 8D-.05(1)(b), (4); 8E-.06(2), (5)(a); 8F-.07, .08(1)(d), (p), (2), .09(2)(e); 8G-.05(1)(b), (4); 8H-.06(2), (5)(a); 8I-.07(1)(d), (2), (p), .08(2)(e), .09; 8J-.09(4)(i), .11; 8K-.05(4)(a), .12(1)(a), (b); 8N-.07, (c), .08, .09, .13(d); 10A-.03; 10B-.06(a); 10C-.03, .30 through .35, .34-4(e)(2), .64(3); 10D-.03, .28-32, .31-4(e)(2), .62(3); 10G-.01, .07(a); 10J; 11C-.02(1)(b), (2)(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 28, 1983</TD><TD align="left" class="gpotbl_cell">July 5, 1984</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-8C-.06; 10C-.13, .17, .20, .27, .36; 10D-.13, .17, .20, .25, .33; Ala. revised systems Ch. V, § 731.14(f), (g)(9). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 9, 1984</TD><TD align="left" class="gpotbl_cell">September 27, 1984</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-10C-.30(c); 10D-.28(3); 12A-.01 through .08; and other items.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 22, 1985</TD><TD align="left" class="gpotbl_cell">July 19, 1985</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-2E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 2, 1985</TD><TD align="left" class="gpotbl_cell">December 3, 1985</TD><TD align="left" class="gpotbl_cell">Staffing levels.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 7, 1986</TD><TD align="left" class="gpotbl_cell">August 14, 1986</TD><TD align="left" class="gpotbl_cell">Ala. Senate Bill 445. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 20, 1986</TD><TD align="left" class="gpotbl_cell">September 8, 1986</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-2A-.06, 8J-.11. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 22, 1989</TD><TD align="left" class="gpotbl_cell">February 5, 1991</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-2A-.06; 2B-.01; 7B-.07; 7D-.10; 8A-.07; 8B-.06; 8C-.08; 8D-.08, .14; 8E-.05, .06, .10, .11; 8F-.08, .14, .18; 8G-.08, .14; 8H-.05, .06, .10, .11; 8I-.07, .14, .18; 8J-.04, .08; 8K-.05 through .09, .11 through .16; 8M-.07 through .12; 10B-.04, .05, .06; 10C-.08, .12, .14, .24, .26, .28, .37 through .49, .52 through .56, .58 through .61, .63; 10D-.08, .12, .14, .23, .24, .26, .34 through .45, .48, .49, .52, .53, .54, .55, .57, .59, .60, .61; 10F-.03; 10G; 10I-.04, .06; 11A-.04; 11B-.02; 11C-.02; 11D-.10; 11E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 16, 1990</TD><TD align="left" class="gpotbl_cell">February 28, 1991</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-2A-.07(1)(c); 2E-.01 through .11.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 16, 1990</TD><TD align="left" class="gpotbl_cell">July 3, 1991</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-2A-.06, .07; 8B-.03; 8C-.01 through .07, .09, .10; 8F-.11, .17, .19; 8I-.12, .17, .19; 8J-.08; 9A-.04; 9B-.04; 9C-.03, (7), .04; 9D-.02; 9E-.05; 10B-.01, 02, .06, .07; 10C-.17, .20, .62, .67 through .71; 10D-.17, .20, .56, .65 through .69; 10G-.05. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 22, 1989, July 16, 1990, August 1, 1991</TD><TD align="left" class="gpotbl_cell">May 11, 1992</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-2A-.06, .07(3); 6A-.06; 8D-.05, .06; 8G-.05, .06; 8I-.10; 8K-.10, .11, .17, .18; 10C-.40, .45, .62; 10D-.56, .58; 11C-.02. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 23, 1993</TD><TD align="left" class="gpotbl_cell">October 21, 1993</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-8D-.05(8), .09(2); 8F-.08(2)(j); 8G-.05(8), .09(2); 8I-.07(2)(j), .16(1); 8K-.10(1)(a); 10C-.41(1); 10J-.03(f); 12A-.07.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 28, 1997</TD><TD align="left" class="gpotbl_cell">December 22, 1997</TD><TD align="left" class="gpotbl_cell">880-X-5A-.22(1)(a), (1)(b) and (2); 880-X-6A-.06(k); 880-X-7B-.07(5); 880-X-9E-.05(2) and (3); 880-X-10C-.23(2)(a), .36(13)(b) and (b)(1), (15)(b)(3), and (16)(a), .38(1)(d) through (1)(f), .40(3)(a); 880-X-10D-.33(13)(b) and (b)(1), (15)(b)(3), and (16)(a), .34(1)(d) through (1)(f), and .36(3)(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 14, 1998</TD><TD align="left" class="gpotbl_cell">July 6, 1998</TD><TD align="left" class="gpotbl_cell">Code of Ala. Sections 9-16-83(c) and (h); 9-16-91(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 4, 1998</TD><TD align="left" class="gpotbl_cell">December 4, 1998</TD><TD align="left" class="gpotbl_cell">880-X-2A-.06; .08; 880-X-6A-.06(d)3.; 880-X-8F-.08(1)(e), (l) and (o); .09(2)(d); .11(1), (1)(b) and (c), (2), (3)(c), (6); .20; 880-X-8H-.06(1)(e)3.(iv); 880-X-8I-.07(1)(e),(l) and (o); .10(1), (2), (2) (b), (g) and (h); .12(1), (1) (b) and (c), (2), (3)(c), (6); .20; 880-X-8J-.13; 880-X-8K-.10(2)(d), (3)(m); 880-X-8N-.07(c); .10; .13(1), (1) (c), (e) and (f), (2);880X-9D-.02(1)(c);880-X-10C-.17(1) (a) and (c), (3)(b); .20(1)(a), (d), (e), (f)1., (i)2.(i) and (iii), (l), (3)(b)1. and 2.; .38(1); .54; .55; .62(3); 880-X-10D-.12(9); .17(1) (a) and (c), (3)(b); .20(1) (a), (d), (e), (f)1., (i)2. (i) and (iii), (l), (3)(b)1.and .2; .34(1); .56(3); .58; 880-X-10G-.03(2); .04(3)(b); 880-X-11B-.02 (8)(d), (9); 880-X-11D-.11(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 17, 1999</TD><TD align="left" class="gpotbl_cell">June 8, 2000</TD><TD align="left" class="gpotbl_cell">ASMCRA sections 9-16-91(e)(1), (e)(3), (e)(4); and (f).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 11, 2000</TD><TD align="left" class="gpotbl_cell">June 22, 2000</TD><TD align="left" class="gpotbl_cell">880-X-2A-.06; 880-X-2D-.04(1) and .06;880-X-8I-.08(2)(d);880-X-8I-.10(2)(h).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 28, 2001</TD><TD align="left" class="gpotbl_cell">February 5, 2002</TD><TD align="left" class="gpotbl_cell">ASMC Rules 880-X-2A-.06; 7B-.06(a) through (g), .07 through .12; 8C-.05(1)(g), .06(2)(e); 8D-.08(3); and 8F-.14(1)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 17, 2002</TD><TD align="left" class="gpotbl_cell">April 10, 2003</TD><TD align="left" class="gpotbl_cell">ASMC 880-X-1B; 880-X-6A-.06(g)2(ii)(I).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 18, 2008</TD><TD align="left" class="gpotbl_cell">September 23, 2008</TD><TD align="left" class="gpotbl_cell">ASMC 880-X-8B-.07 and 880-X-11D-.06.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 5, 2010</TD><TD align="left" class="gpotbl_cell">February 22, 2011</TD><TD align="left" class="gpotbl_cell">ASMCRA sections 9-16-73; 9-16-74; 9-16-77; 9-16-78; 9-16-81(a) through (d) and (f); and 9-16-93(b) through (f). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 28, 2010</TD><TD align="left" class="gpotbl_cell">May 24, 2011</TD><TD align="left" class="gpotbl_cell">Sections 880-X-6A-.07, 880-X-6A-.08, and 880-X-12A-.09.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 26, 2012</TD><TD align="left" class="gpotbl_cell">February 19, 2013</TD><TD align="left" class="gpotbl_cell">ASMC sections 880-X-10C-.62(1)(c) and (d); 880-X-10C-.62(2)(c)(iv), (e), and (g); 880-X-10D-.56(1)(c) and (d); and 880-X-10D-.56 (2)(c)(iv), (e), and (g). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 2016</TD><TD align="left" class="gpotbl_cell">October 26, 2016</TD><TD align="left" class="gpotbl_cell">Alabama Code 880-X-5A-.35.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 12, 2015</TD><TD align="left" class="gpotbl_cell">April 27, 2018</TD><TD align="left" class="gpotbl_cell">ASMCRA 9-16-79 and 9-16-79(4)b.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 14, 2017</TD><TD align="left" class="gpotbl_cell">August 29, 2018</TD><TD align="left" class="gpotbl_cell">Alabama Administrative Code 880-X-8B-.07.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 21, 2017</TD><TD align="left" class="gpotbl_cell">August 29, 2018</TD><TD align="left" class="gpotbl_cell">Code of Alabama Section 9-16-83.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9933, Mar. 5, 1997, as amended at 62 FR 66821, Dec. 22, 1997; 63 FR 35807, July 1, 1998; 63 FR 66987, Dec. 4, 1998; 65 FR 36338, June 8, 2000; 65 FR 38727, June 22, 2000; 67 FR 5207, Feb. 5, 2002; 68 FR 17548, Apr. 10, 2003; 73 FR 54681, Sept. 23, 2008; 76 FR 9646, Feb. 22, 2011; 76 FR 30010, May 24, 2011; 78 FR 11579, Feb. 19, 2013; 81 FR 74304, Oct. 26, 2016; 83 FR 18412, Apr. 27, 2018; 83 FR 43974, 43976, Aug. 29, 2018]



</CITA>
</DIV8>


<DIV8 N="§ 901.16" NODE="30:3.0.1.18.81.0.1.4" TYPE="SECTION">
<HEAD>§ 901.16   Required regulatory program amendments. [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 901.20" NODE="30:3.0.1.18.81.0.1.5" TYPE="SECTION">
<HEAD>§ 901.20   Approval of Alabama abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Alabama abandoned mine land reclamation plan, as submitted on May 29, 1981, and revised on August 13, 1981, effective May 20, 1982. Copies of the plan are available at:
</P>
<P>(a) Alabama Department of Industrial Relations, 649 Monroe Street, Montgomery, AL 36131.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Birmingham Field Office, Barber Business Park, 135 Gemini Circle, Homewood, AL 35209.
</P>
<CITA TYPE="N">[64 FR 20166, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 901.25" NODE="30:3.0.1.18.81.0.1.6" TYPE="SECTION">
<HEAD>§ 901.25   Approval of Alabama abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 15, 1987</TD><TD align="left" class="gpotbl_cell">July 7, 1988</TD><TD align="left" class="gpotbl_cell">Alabama policies and procedures for land acquisition, management and disposal of property, and reclamation on private lands.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 25, 1990</TD><TD align="left" class="gpotbl_cell">August 31, 1990</TD><TD align="left" class="gpotbl_cell">Emergency program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 26, 1992</TD><TD align="left" class="gpotbl_cell">January 12, 1993</TD><TD align="left" class="gpotbl_cell">Ranking and selection of AML projects.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 1, 1993</TD><TD align="left" class="gpotbl_cell">June 30, 1994</TD><TD align="left" class="gpotbl_cell">Eligibility and definition of AML.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 5, 1994</TD><TD align="left" class="gpotbl_cell">August 15, 1995</TD><TD align="left" class="gpotbl_cell">Ranking and selection of AML projects; administrative and management structure.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 7, 2016</TD><TD align="left" class="gpotbl_cell">June 22, 2018</TD><TD align="left" class="gpotbl_cell">Abandoned Mine Land Reclamation Plan for the State of Alabama.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9934, Mar. 5, 1997, as amended at 83 FR 29001, June 22, 2018]



</CITA>
</DIV8>


<DIV8 N="§ 901.30" NODE="30:3.0.1.18.81.0.1.7" TYPE="SECTION">
<HEAD>§ 901.30   State-Federal cooperative agreement.</HEAD>
<P>The Governor of the State of Alabama and the Secretary of the Department of the Interior (Secretary) enter into a Cooperative Agreement (Agreement) to read as follows:
</P>
<EXTRACT>
<HD1>Article I: Introduction, Purpose and Responsible Agencies
</HD1>
<P>A. <I>Authority:</I> This agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act of 1977 (the Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement for State regulation of surface coal mining and reclamation operations on Federal lands. This Agreement provides for State regulation of surface coal mining and reclamation operations in Alabama subject to the Federal lands program (30 CFR parts 740-746), consistent with State and Federal Acts governing such activities, and the Alabama State Program (Program).
</P>
<P>B. <I>Purpose:</I> The purposes of this Agreement are to (a) foster Federal-State cooperation in the regulation of surface coal mining and reclamation operations; (b) minimize intergovernmental overlap and duplication; and (c) provide uniform and effective application of the Program on all lands in Alabama in accordance with the Act, the Program, and this Agreement.
</P>
<P>C. <I>Responsible Administrative Agencies:</I> The Alabama Surface Mining Commission (ASMC) shall be responsible for administering this Agreement on behalf of the Governor. The Office of Surface Mining (OSM) shall administer this Agreement on behalf of the Secretary.
</P>
<HD1>Article II: Effective Date
</HD1>
<P>After it has been signed by the Secretary and the Governor, this Agreement shall be effective 30 days after publication in the <E T="04">Federal Register</E> as a final rule. This Agreement shall remain in effect until terminated as provided in Article XI.
</P>
<HD1>Article III: Definitions
</HD1>
<P>The terms and phrases used in this Agreement which are defined in the Act, 30 CFR 700, 701, and 740, the approved State Program and the State Act, and in the rules and regulations promulgated pursuant to those Acts, shall be given the meanings set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the approved State Program will apply, except in the case of a term which defines the Secretary's continuing responsibilities under the Act and other laws.
</P>
<HD1>Article IV: Applicability
</HD1>
<P>In accordance with the Federal lands program in 30 CFR part 745, the laws, regulations, terms and conditions of the Program are applicable to lands in Alabama subject to the Federal lands program except as otherwise stated in this Agreement, the Act, 30 CFR 745.13, or other applicable laws or regulations.
</P>
<HD1>Article V: General Requirements
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement.
</P>
<P>A. <I>Authority of State Agency:</I> ASMC has and shall continue to have the authority under State law to carry out this Agreement.
</P>
<P>B. <I>Funds:</I> Upon application by ASMC and subject to appropriations, OSM shall provide the State with the funds to defray the costs associated with carrying out responsibilities under this Agreement as provided in section 705(c) of the Act and 30 CFR 735.16. Such funds shall cover the full cost of carrying out these responsibilities provided that such cost does not exceed the estimated cost the Federal government would have expended in regulating surface coal mining operations on Federal lands in Alabama in the absence of an agreement. If the State requests funds and sufficient funds have not been appropriated to OSM, OSM and the ASMC shall promptly meet to decide on appropriate measures that will insure that mining operations are regulated in accordance with the Program. If agreement cannot be reached, then either party may terminate the Agreement in accordance with 30 CFR 745.15. Funds provided to the State under this Agreement shall be adjusted in accordance with Office of Management and Budget Circular A-102, Attachment E.
</P>
<P>C. <I>Reports and Records:</I> ASMC shall make annual reports to OSM containing information with respect to compliance with the terms of this Agreement, pursuant to 30 CFR 745.12(d). Upon request, ASMC and OSM shall exchange information developed under this Agreement, except where prohibited by Federal law.
</P>
<P>OSM shall provide ASMC with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement.
</P>
<P>D. <I>Personnel:</I> ASMC shall have the necessary personnel to fully implement this agreement in accordance with the provisions of the Act and the approved State Program. 
</P>
<P>E. <I>Equipment and Laboratories:</I> ASMC will assure itself access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses can be performed which are necessary to carry out the requirements of the Agreement.
</P>
<P>F. <I>Permit Application Fees and Civil Penalties:</I> The amount of the fee accompanying an application for a permit shall be determined in accordance with section 15 of the Alabama Surface Mining Control and Reclamation Act of 1981, Section 880-X-8B-.07 of the State regulations, and the applicable provisions of the State Program and Federal law. All permit fees and civil penalties collected from operations on Federal lands will be retained by the State and shall be deposited with the State Treasurer in the Alabama Surface Mining Fund. The financial status report submitted pursuant to 30 CFR 735.26 shall include the amount of fees collected during the prior State fiscal year.
</P>
<HD1>Article VI: Review of Permit Application Package 
</HD1>
<P>A. <I>Submission of Permit Application Package:</I> ASMC and the Secretary shall require an operator proposing to conduct surface coal mining operations on Federal lands covered by this Agreement to submit a permit application package (PAP) in an appropriate number of copies to ASMC. ASMC shall furnish OSM with an appropriate number of copies of the PAP. The PAP shall be in the form required by ASMC and include any supplemental information required by OSM or the Federal land management agency. At a minimum, the PAP shall include the information necessary for ASMC to make a determination of compliance with the State Program and for the appropriate Federal agency to make a determination of compliance with applicable requirements of Federal laws and regulations for which it is responsible.
</P>
<P>B. <I>Review Procedures Where Leased Federally-Owned Coal Is Not Involved:</I>
</P>
<P>1. ASMC shall assume primary responsibility for the analysis, review and approval or disapproval of the permit application component of the PAP required by 30 CFR 740.13 for surface coal mining and reclamation operations under the Federal lands program in Alabama not requiring a mining plan under 30 CFR 746.11. ASMC shall be the primary point of contact for operators regarding decisions on the PAP and will be responsible for informing the applicant of determinations.
</P>
<P>2. Upon receipt of a PAP that involves surface coal mining and reclamation operations on Federal lands not containing leased Federal coal, ASMC shall (1) transmit a copy of the complete PAP to the Federal land management agency with a request for review pursuant to 30 CFR 740.13(c)(4), and (2) provide OSM with a complete copy of the PAP and any additional information necessary to allow OSM to determine whether the operations are prohibited or limited by the requirements of section 522(e) (1) or (2) of the Federal Act (30 U.S.C. 1272(e)) and 30 CFR part 761 with respect to areas designated therein by Congress as unsuitable for mining. Except as specified by paragraph 5 of this article, ASMC shall be responsible for obtaining, in a timely manner, the views and determinations of any other Federal agencies with jurisdiction or responsibility over Federal lands affected by a PAP in Alabama.
</P>
<P>3. OSM will provide technical assistance to ASMC when requested if available resources allow and will process requests for determinations of compatibility and valid existing rights under 30 CFR part 761 relating to areas designated by Congress under section 522(e)(1) or (2) as unsuitable for mining. OSM will be responsible for ensuring that any information OSM receives from an applicant is promptly sent to ASMC. OSM shall have access to ASMC files concerning mines on Federal lands. The Secretary reserves the right to act independently of ASMC to carry out his responsibilities under laws other than the Federal Act. A copy of all resulting correspondence with the applicant that may have a bearing on decisions regarding the PAP shall be sent to the State.
</P>
<P>4. ASMC shall review the PAP for compliance with the Program.
</P>
<P>5. Prior to making a decision on a PAP for proposed surface coal mining and reclamation operations for which there is no other concurrent Secretarial action that would trigger compliance with section 7 of the Endangered Species Act, 16 U.S.C. 1536, ASMC shall obtain the written concurrence of OSM regarding the effect the proposed operations would have on threatened and endangered species and critical habitat in the area affected by the proposed operations, and shall include in any permit that is issued for such operations any terms or conditions which OSM may require to avoid the likelihood of actions which would jeopardize the continued existence of any such species or result in the destruction or adverse modification of its critical habitat.
</P>
<P>6. The permit issued by ASMC shall incorporate any terms or conditions imposed by the Federal land management agency, including conditions relating to post-mining land use, and shall condition the initiation of surface coal mining and reclamation operations on compliance with the requirements of the Federal land management agency. After issuing the decision on the PAP, ASMC shall send a notice to the applicant, the Federal land management agency, and OSM with a copy of the permit and written findings.
</P>
<P>C. <I>Review Procedures Where Leased Federally-Owned Coal is Involved:</I>
</P>
<P>1. ASMC shall assume primary responsibility for the analysis, review and approval or disapproval of the permit application component of the PAP for surface coal mining and reclamation operations on Federal lands in Alabama where a mining plan is required by 30 CFR 746.11. OSM, as requested, shall assist the State in this analysis and review. The Department of the Interior (Department) shall concurrently carry out its responsibilities under the Mineral Leasing Act (MLA), the National Environmental Policy Act (NEPA), and other applicable Federal laws that cannot be delegated to the State. The Department shall carry out these responsibilities in accordance with the Federal lands program and this Agreement in a timely manner so as to avoid, to the extent possible, duplication of the responsibilities of the State as set forth in this Agreement and the Program. Responsibilities and decisions which can be delegated to the State under other applicable Federal laws may be specified in working agreements between OSM and the State without amendment to this Agreement. The Secretary will consider the information in the PAP and, where appropriate, make decisions required by the Federal Act, MLA, NEPA, and other Federal laws.
</P>
<P>2. ASMC will be the primary point of contact for operators regarding the review of the PAP, except on matters concerned exclusively with 43 CFR parts 3480-3487, administered by the Bureau of Land Management (BLM). ASMC will be responsible for informing the applicant of all joint State-Federal determinations. The Secretary may act independently of the State to carry out responsibilities under laws other than the Federal Act or provisions of the Act not covered by the Program, and in instances of disagreement over the Act and the Federal lands program. ASMC shall send to OSM, copies of any correspondence with the applicant and any information received from the applicant regarding the mining plan including the operation and reclamation plan portion of the permit application. OSM shall send to ASMC copies of all independent correspondence with the applicant which may have a bearing on the PAP. As a matter of practice, OSM will not independently initiate contacts with applicants regarding completeness or deficiencies of the PAP with respect to matters covered by the Program.
</P>
<P>3. ASMC shall assume the responsibilities listed in 30 CFR 740.4(c) (1), (2), (4), (5), and (6). OSM shall retain the responsibilities listed in 30 CFR 740.4(c)(3) and the exceptions specified in (c)(7) (i) through (vii). OSM shall assist the State in carrying out its responsibilities by:
</P>
<P>(a) Distributing copies of the PAP to, and coordinating the review of the PAP among, all Federal agencies which have responsibilities relating to decisions on the PAP. This shall be done in a manner which ensures timely identification, communication and resolution of issues relating to those Federal agencies' statutory requirements. OSM shall request that such other Federal agencies furnish their findings and any requests for additional data to OSM within 45 calendar days of their receipt of the PAP.
</P>
<P>(b) Providing ASMC with the analyses and conclusions of other Federal agencies.
</P>
<P>(c) Addressing conflicts and difficulties of the other Federal agencies in a timely manner.
</P>
<P>(d) Assisting in scheduling joint meetings as necessary between State and Federal agencies.
</P>
<P>(e) Where OSM is assisting ASMC in reviewing the permit application, furnish the State with the work product within 45 calendar days of receipt of the State's request for such assistance, or earlier if mutually agreed upon by OSM and the State.
</P>
<P>(f) Exercising its responsibilities in a timely manner as set forth in a mutually agreed upon schedule, governed to the extent possible by the deadlines established in the Program.
</P>
<P>(g) Assuming all responsibility for ensuring compliance with any Federal lessee protection bond requirement.
</P>
<P>4. Review of the PAP:
</P>
<P>(a) OSM and ASMC shall coordinate with each other during the review process as needed. ASMC shall keep OSM informed of findings during the review process which bear on the responsibilities of other Federal agencies. OSM shall ensure that any information OSM receives which has a bearing on decisions regarding the PAP is promptly sent to ASMC.
</P>
<P>(b) The State shall review the PAP for compliance with the Program.
</P>
<P>(c) OSM shall review the PAP for compliance with the Act and the requirements of other Federal laws and regulations. OSM and ASMC shall develop a work plan and schedule for PAP review and each shall identify a person as the project leader. The OSM project leader shall serve as the primary point of contact between OSM and ASMC throughout the review process. Not later than 50 days after receipt of the PAP, OSM shall furnish ASMC with its preliminary findings on the PAP and specify any requirements for additional data. To the extent practicable, the State shall provide OSM all available information that may aid OSM in preparing any findings.
</P>
<P>(d) ASMC shall provide to OSM written findings indicating whether the PAP is in compliance with the Program, and a technical analysis of the PAP.
</P>
<P>(e) ASMC may proceed to issue a permit in accordance with the Program prior to the necessary Secretarial decision on the mining plan, provided that ASMC advises the operator in the permit that Secretarial approval of a mining plan must be obtained before the operator may conduct surface coal mining operations on Federal lands. ASMC shall reserve the right to amend or rescind any requirements of the approved permit to conform with any terms or conditions imposed by the Secretary in his approval of the mining plan.
</P>
<P>5. Prior to acting on a permit revision or renewal, ASMC shall consult with OSM on whether such revision or renewal constitutes a mining plan modification under 30 CFR 746.18. OSM shall inform the State within 30 days of receiving notice of a proposed revision or renewal, whether any permit revision or renewal constitutes a mining plan modification. Permit revisions which do not constitute mining plan modifications shall be approved solely by the State.
</P>
<P>OSM may establish criteria consistent with 30 CFR 746.18 to determine which permit revisions and renewals clearly do not constitute mining plan modifications. If such criteria are promulgated, revisions or renewals which do not constitute mining plan modifications in accordance with the criteria may be approved by ASMC before it submits copies of the revision or renewal to OSM.
</P>
<HD1>Article VII: Inspections
</HD1>
<P>A. ASMC shall conduct inspections on Federal lands and prepare and file inspection reports in accordance with the Program.
</P>
<P>B. ASMC shall, subsequent to conducting any inspection, and on a timely basis, file with OSM a legible copy of the completed State inspection report.
</P>
<P>C. ASMC shall be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by the Agreement, except as described hereinafter. Nothing in this Agreement shall prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement. The Department may conduct any inspections necessary to comply with 30 CFR parts 842 and 843 and its obligations under laws other than the Act.
</P>
<P>D. OSM shall ordinarily give the ASMC reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to provide State inspectors with an opportunity to join in the inspection. When OSM is responding to a citizen complaint of an imminent danger to the public health and safety, or of significant, imminent environmental harm to land, air or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it will contact ASMC no less than 24 hours prior to the Federal inspection, if practicable, to facilitate a joint Federal/State inspection. All citizen complaints which do not involve an imminent danger or significant imminent environmental harm shall be referred to ASMC for action. The Secretary reserves the right to conduct inspections without prior notice to ASMC to carry out his responsibilities under the Federal Act.
</P>
<HD1>Article VIII: Enforcement 
</HD1>
<P>A. ASMC shall have primary enforcement authority under the Act concerning compliance with the requirements of this Agreement and the Program. Enforcement authority given to the Secretary under other laws and orders, including but not limited to those listed in appendix A, is reserved to the Secretary. 
</P>
<P>B. During any joint inspection by OSM and ASMC, ASMC shall have primary responsibility for enforcement procedures, including issuance of orders of cessation, notices of violation, and assessment of penalties. The ASMC shall inform OSM prior to issuance of any decision to suspend or revoke a permit. 
</P>
<P>C. During any inspection made solely by OSM or any joint inspection where the ASMC and OSM fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement actions shall be based on the standards in the approved Program, the Act, or both, and shall be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845. 
</P>
<P>D. The ASMC and the Department shall promptly notify each other of all violations of applicable laws, regulations, orders, or approved mining permits subject to this Agreement, and of all actions taken with respect to such violations. 
</P>
<P>E. Personnel of the State and representatives of the Department shall be mutually available to serve as witnesses in enforcement actions taken by either party. 
</P>
<P>F. This Agreement does not limit the Department's authority to enforce violations of Federal law which establish standards and requirements which are authorized by laws other than the Act.
</P>
<HD1>Article IX: Bonds
</HD1>
<P>A. ASMC and the Secretary shall require each operator covered by the Federal lands program to submit a single performance bond payable to Alabama and the United States to cover the operator's responsibilities under the Federal Act and the Program. Such performance bond shall be conditioned upon compliance with all requirements of the Federal Act, the Program and any other requirements imposed by the Department or the Federal land management agency. Such bond shall provide that if this Agreement is terminated, the bond shall be payable only to the United States to the extent that lands covered by the Federal lands program are involved.
</P>
<P>B. Prior to releasing the operator from any obligation under such bond, the ASMC shall obtain the concurrence of OSM. The ASMC shall also advise OSM of annual adjustment to the performance bond, pursuant to the Program. Departmental concurrence shall include coordination with other Federal agencies having authority over the lands involved.
</P>
<P>Such bond shall be subject to forfeiture with the consent of OSM, in accordance with the procedures and requirements of the Program.
</P>
<P>C. Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 30 CFR subpart3474 or lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of the Act.
</P>
<HD1>Article X: Designating Land Areas Unsuitable for All or Certain Types of Surface Coal Mining Operations
</HD1>
<P>A. When either ASMC or OSM receives a petition to designate lands areas unsuitable for all or certain types of surface coal mining operations that could impact adjacent Federal and non-Federal lands, the agency receiving the petition shall (1) notify the other of receipt and the anticipated schedule for reaching a decision; and (2) request and fully consider data, information and views of the other.
</P>
<P>B. Authority to designate State and private lands as unsuitable for mining is reserved to the State. Authority to designate Federal lands as unsuitable for mining is reserved to the Secretary.
</P>
<HD1>Article XI: Termination of Cooperative Agreement
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement
</HD1>
<P>If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIV: Changes in State or Federal Standards
</HD1>
<P>A. The Department or the State may from time to time promulgate new or revised performance or reclamation requirements or enforcement and administration procedures. Each party shall, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations and request necessary legislative action. Such changes shall be made under the procedures of 30 CFR part 732 for changes to the State Program and under the procedures of section 501 of the Act for changes to the Federal lands program.
</P>
<P>B. ASMC and the Department shall provide each other with copies of any changes to their respective laws, rules, regulations and standards pertaining to the enforcement and administration of this Agreement.
</P>
<HD1>Article XV: Changes in Personnel and Organization
</HD1>
<P>Each party to this Agreement shall notify the other, when necessary, of any changes in personnel, organization and funding or other changes that will affect the implementation of this Agreement to ensure coordination of responsibilities and facilitate cooperation.
</P>
<HD1>Article XVI: Reservation of Rights
</HD1>
<P>In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or Secretary may have under other laws or regulations, including but not limited to those listed in appendix A.
</P>
<P>Dated: July 16, 1985.
</P>
<P>Signed:
</P>
<FRP>George C. Wallace,
</FRP>
<FRP><I>Governor of Alabama.</I>
</FRP>
<P>Dated: June 28, 1985.
</P>
<P>Signed:
</P>
<FRP>Ann McLaughlin,
</FRP>
<FRP><I>Under Secretary of the Interior.</I>
</FRP>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations. 
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations including 43 CFR parts 3480-3487. 
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500. 
</P>
<P>4. The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402. 
</P>
<P>5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800. 
</P>
<P>6. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations. 
</P>
<P>7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations. 
</P>
<P>8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations. 
</P>
<P>9. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I>
</P>
<P>10. Executive Order 1593 (May 13, 1971), Cultural Resource Inventories on Federal Lands.
</P>
<P>11. Executive Order 11988 (May 24, 1977), for flood plain protection. Executive Order 11990 (May 24, 1977), for wetlands protection.
</P>
<P>12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations. 
</P>
<P>13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I>
</P>
<P>14. The Constitution of the United States.
</P>
<P>15. The Constitution of the State and State Law.</P></EXTRACT>
<CITA TYPE="N">[50 FR 30921, July 30, 1985] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="902" NODE="30:3.0.1.18.82" TYPE="PART">
<HEAD>PART 902—ALASKA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 902.1" NODE="30:3.0.1.18.82.0.1.1" TYPE="SECTION">
<HEAD>§ 902.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Alaska that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[48 FR 12889, Mar. 23, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 902.10" NODE="30:3.0.1.18.82.0.1.2" TYPE="SECTION">
<HEAD>§ 902.10   State regulatory program approval.</HEAD>
<P>The Alaska State program as submitted on July 23, 1982, and as amended and clarified on December 13, 1982, and January 11, 1983, is approved effective May 2, 1983. Beginning on that date, the Alaska Department of Natural Resources shall be deemed the regulatory authority in Alaska for all surface coal mining and reclamation operations and all exploration operations on non-Federal and non-Indian lands. Only surface coal mining and reclamation operations on non-Federal and non-Indian lands shall be subject to the provisions of the Alaska permanent regulatory program. Copies of the approved program are available at the following addresses:
</P>
<P>(a) Department of Natural Resources, Division of Mining and Water Management, 3601 C Street, Suite 800, Anchorage, AK 99503-5925, Telephone: (907) 762-2149.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Western Regional Coordinating Center, Technical Library, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
</P>
<CITA TYPE="N">[60 FR 33724, June 29, 1995, as amended at 60 FR 54593, Oct. 25, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 902.12" NODE="30:3.0.1.18.82.0.1.3" TYPE="SECTION">
<HEAD>§ 902.12   Regulatory program and proposed program amendments not approved.</HEAD>
<P>(a) We do not approve the following provisions of the proposed program amendment Alaska submitted on September 8, 2011, as revised on March 6, 2012:
</P>
<P>(1) Proposed addition of the phrase “* * * conducted on or before October 24, 1992 * * *” in 11 AAC 90.321(e)(1).
</P>
<P>(2) Proposed reduction of timeframe from 30 to 20 days to request administrative review of an agency decision regarding an incidental mining exemption under 11 AAC 90.652(g)(1),
</P>
<P>(3) Proposed deletion of the phrase “* * * until at least three years after expiration of the period during which the subject mining area is active * * *” under 11 AAC 90.656.
</P>
<P>(4) Proposed reduction of timeframe from 30 to 20 days to request administrative review of an agency decision to revoke an incidental mining exemption under 11 AAC 90.664(c).
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[84 FR 66308, Dec. 4, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 902.15" NODE="30:3.0.1.18.82.0.1.4" TYPE="SECTION">
<HEAD>§ 902.15   Approval of Alaska regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 12, 1983</TD><TD align="left" class="gpotbl_cell">December 23, 1983</TD><TD align="left" class="gpotbl_cell">Redesignation of title 11, Ch 90 of the AAC.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 1985, November 16, 1986, February 24, 1987</TD><TD align="left" class="gpotbl_cell">February 22, 1988</TD><TD align="left" class="gpotbl_cell">11 AAC 90.065(b), .077(d), .331(a)(3), .461(f), .601 (d) through (g), .625, .627(a), (b), .751(a), .907(d), (g); Articles 15 through 17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 2, 1990</TD><TD align="left" class="gpotbl_cell">August 19, 1992</TD><TD align="left" class="gpotbl_cell">11 AAC 90.021(c), .023(a)(1), (2), (3), (b)(1), (2), .025(a)(1), (2), (b), (c), .041(a), (b), .043(b), (c), .045(b)(4), .057, .071(2)(D), .077(b)(5), (11), (d), .081(a)(1), (2), (3), (b), (c), .085(a)(1), (2), (3)(A) through (E), (4), (b)(3), (4), (c)(3), (4), (5)(A) through (D), .089(a), (c), .099(a), .101(c)(1), (2)(A) through (F), (3)(A), (B), (C), (4), (5)(A), (B), (6), .119(d), (e), .121(c), .125(a)(7) through (13), .127(4), (5)(A), (B), (C), (6), .129 (a)(6), (7), (8), .141(a)(1), .163(a)(2) (A) through (G), (b)(2), (3), (c)(1), (2), (3)(A), (B), .173(a)(1), (2), (3), .175(4)(D), .181(a)(5)(A), (B), (6), .185(a)(3), (4), (5), .207(c)(5)(C), .213(g), (h), .323(a) through (d), .325(b), (c), (d)(1), (2), (3), (g)(3), .327(b)(2), .331(b)(1), (2), (3), (c), (d)(2), (3), (4), (e), (f), (g), .333, .336(a), (b)(1), (2), (c)(1) through (9), (d)(1), (2), (3), (e), (f), .337(a), (b), (c)(1) through (7), (d), (e), (g), .338(1) through (7), .343, .345(a), (b)(1) through (5), (c), (d), (e)(1) through (6), (f) through (i), .349(2)(A), .353(a)(1), (2), (3), .371(d)(1) through (4), .373(b), (c), (d), .375(b), (e) through (h), .379(b), (c), (e) through (j), .381(a), (b), .391(b), (e), (g), (i), (k), (l), (m)(1) through (6), (n), (o), (p)(3) through (7), (q), (r), .395(a)(1) through (5), (b), .397(a), (b), (c)(1) through (5), (d) through (g), .399, .401(a), (b)(1), (2), (3), (c), (d), (e), .403, .405, .407(a) through (d), (f) through (i), .409, .435, .441(a), (b), (c), .443(a), (b), (c)(1)(A) through (F), (e)(2), (3), (4), (f) through (k), .451(b)(1), (5), .455(1) through (4), .457(b), (c)(5), .635(a), (b)(1), (2), (c), (d)(1), (2), (3), (e)(1), (2), (3), (f), (g), (h), .703(e), .705(a) through (e), .901(c), .907(b), (i), .911(18) through (21), (51), (110), (118), (122).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 26, 1995</TD><TD align="left" class="gpotbl_cell">September 17, 1996</TD><TD align="left" class="gpotbl_cell">11 AAC 05.010(a)(11)(D), 90.002, .003, .011, .025(a), (b), (c), .045(a), .049(2), (D) through (H), .083(b)(10), (11), (12), (3), (b), (c), .097, .099, .149(d), (1), .163(a), (b), (1), (c), (3)(B), (4), (5), .207(f)(1), (2), (4) through (7), .337(f), .345(e), .375, .391(b), (h), .401(e), .407(e), .409, .423(b), (h), .443(d)(1), (k), .491(a), (1), (6), (7), (8), (c)(4) through (8), (e), (f), .901(e), .907(c) through (h), (j).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 12, 1996</TD><TD align="left" class="gpotbl_cell">March 31, 1997</TD><TD align="left" class="gpotbl_cell">11 AAC 90.207(f) (3) and (8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 30, 1998</TD><TD align="left" class="gpotbl_cell">February 22, 1999</TD><TD align="left" class="gpotbl_cell">11 AAC 90.002(a), (b), and (c), and 90.011(a) concerning permitting requirements, 90.025(a), (b), and (c) concerning permit application requirements; 90.045(a), 90.049(a), 90.083(b), and 90.097 concerning environmental resource requirements; 90.149(d) concerning alluvial valley floors; 90.163(a) and (d) concerning exploration; 90.207(f) concerning self-bonding; 90.337(f) concerning impoundment inspections; 90.375(f) concerning blasting; 90.391(h) and (s), 90.401(e), and 90.407(e) concerning coal mine waste; 90.423(b) and (h) concerning fish and wildlife; 90.443(d) and (k) concerning backfilling and grading; 90.491(e) and (f) concerning roads; 90.901(e) concerning termination of jurisdiction; 90.907(c) and (j) concerning public availability of information; and 90.911(92) concerning the definition of “road.”
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 11, 2004</TD><TD align="left" class="gpotbl_cell">November 29, 2005</TD><TD align="left" class="gpotbl_cell">11 AAC 90.043(b); 90.045(a), (b), (c), (d), and (e); 90.057; 90.085(a)(5) and (c); 90.089(a)(1); 90.101(a) and (b); 90.173(a)(2), (b)(2) and (3); 90.179(a)(3), (b)(1) through (4) and (c); 90.185(a)(4) and (5); 90.201(d) and (f); 90.211(a); 90.331(d)(1); deletion of 90.311(g); 90.321(e); 90.323(a) through (c); 90.325(b) and (c); 90.327(b)(2); 90.331(e) and (h); 90.336(a), (b)(1) and (2), and (g); 90.337(a); 90.345(e); 90.349(l); 90.375(f) and (g); 90.391(b), (c), (h)(2), (l), and (n); 90.395(a); 90.397(a); 90.401(a), (d), and (e); 90.407(c) and (f); 90.443(a), (k)(2), (i), and (m); 90.447(c)(1); 90.461(b), (g), (h) and (i); 90.491(f)(1), (3) and (4); 90.601(h) and (i); 90.629(a); 90.631(a); 90.635(a) and (b); 90.637(a) and (b); 90.639(a) through (c); 90.641(a) through (d); 90.650 through 90.658; 90.701(a), (b), (c)(1) and (2), and (d)(1) and (2); 90.901(a)(2); and 90.911.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 8, 2011, as revised on March 6, 2012</TD><TD align="left" class="gpotbl_cell">December 4, 2019</TD><TD align="left" class="gpotbl_cell">11 Alaska Annotated Code (AAC) 90.043(b); 11 AAC 90.045(a), (b), (c), and (d); 11 AAC 90.057(a), (b) and (c); 11 AAC 90.085(a), (a)(5) and (e); 11 AAC 90.089(a)(1); 11 AAC 90.101(a) through (f); 11 AAC 90.173(b)(2); 11 AAC 90.179(a)(3), (a)(4) and (a)(5); 11 AAC 90.185(a) and (a)(4); 11 AAC 90.201(d); 11 AAC 90.211(a); 11 AAC 90.321(d), (e), (f), (f)(1) and (f)(2); 11 AAC 90.323(a), (b) and (c); 11 AAC 90.325(b) and (c); 11 AAC 90.327(b)(2); 11 AAC 90.331(d)(1), (e), and (h)(1) and (2); 11 AAC 90.336(a), (b)(1) and (2), (f), and (g); 11 AAC 90.337(a); 11 AAC 90.345(e); 11 AAC 90.349; 11 AAC 90.375(f) and (g); 11 AAC 90.391(n) and (t); 11 AAC 90.395(a); 11 AAC 90.397(a); 11 AAC 90.401(a)(1), (b), (d), (e), and (f); 11 AAC 90.407(c)(1) and (2) and (f); 11 AAC 90.423(h); 11 AAC 90.443(a)(2), (k)(2), (l)(2), and (m)(2); 11 AAC 90.444(a) and (b); 11 AAC 90.447(c)(1); 11 AAC 90.457(c)(3); 11 AAC 90.461; 11 AAC 90.461(b) and (b)(1) through (3) , (g) and (g)(1) through (5), (h) and (h)(1) through (3), (i) and (i)(1) through (3), (j), (k), and (l)(1) through (3); 11 AAC 90.491(f)(1), (f)(2)(E), (f)(2)(E),(f)(3), (f)(4), and (f)(2)(E) and (E)(iii); 11 AAC 90.601(h), (i) and (j); 11 AAC 90.629(a); 11 AAC 90.631(a); 11 AAC 90.635(a) and (b); 11 AAC 90.639(a), (b), and (c); 11 AAC 90.641(a), (b), (c), and (d); 11 AAC 90.652 through 11 AAC 90.669; 11 AAC 90.701(a), (b), and (c); 11 AAC 90.901(a); and 11 AAC 90.911(125), (126), (128), (129), (130), (133), (134) and (135).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9934, Mar. 5, 1997, as amended at 62 FR 15117, Mar. 31, 1997; 64 FR 8514, Feb. 22, 1999; 70 FR 71394, Nov. 29, 2005; 84 FR 66308, Dec. 4, 2019]



</CITA>
</DIV8>


<DIV8 N="§ 902.16" NODE="30:3.0.1.18.82.0.1.5" TYPE="SECTION">
<HEAD>§ 902.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17(f)(1), Alaska is required to submit to OSM by the specified date the following written, proposed program amendments, or a description of an amendment to be proposed that meets the requirements of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is consistent with Alaska's established administrative or legislative procedures.
</P>
<P>(a) By October 19, 1992, Alaska shall amend its program as follows:
</P>
<P>(1) At 11 AAC 90.023(f)(3) by providing ownership and control regulations to meet the requirements of OSM's May 11, 1989, 30 CFR 732 notification.
</P>
<P>(2)-(17) [Reserved] 
</P>
<P>(b) [Reserved] 
</P>
<P>(c) By February 3, 2020, Alaska must amend its program as follows:
</P>
<P>(1) At 11 AAC 90.101(e), in accordance with the requirements at 30 CFR 784.20(b)(7), Alaska must submit a program amendment (or description of the amendment with a timetable for submission) to adopt subsidence control plan requirements at 11 AAC 90.101(e) for planned subsidence scenarios. Such plans must describe the methods to be employed to minimize damage to non-commercial buildings and occupied residential dwellings and related structures or written consent from the owner of the structure or facility that minimization measures not be taken, or unless the damage would constitute a threat to health or safety, a demonstration that the costs of minimizing damage exceed anticipated costs of repair.
</P>
<P>(2) At 11 AAC 90.321(e)(1), in accordance with 30 CFR 816.41(h), Alaska must submit a program amendment (or description of the amendment with a timetable for submission) to revise 11 AAC 90.321(e)(1) to ensure protection of water supplies affected by surface coal mining activities conducted on or before October 24, 1992.
</P>
<P>(3) At 11 AAC 90.652(g)(1) and 11 AAC 90.664(c), in accordance with the requirements at 30 CFR 702.11(f)(1) and 702.17(c)(2), Alaska must submit a program amendment (or description of the amendment with a timetable for submission) to restore the 30-day time frames under 11 AAC 90.652(g)(1) and 11 AAC 90.664(c) for an adversely affected person to request administrative review of the agency's decisions regarding incidental mining exemptions.
</P>
<P>(4) At 11 AAC 90.656, in accordance with the requirements at 30 CFR 702.13(a), Alaska must submit a program amendment (or description of the amendment with a timetable for submission) to revise 11 AAC 90.656, concerning public availability of information in an application for an exemption of coal incidental to the extraction of other minerals. The amendment or its description must include the requirement that the information, unless approved as confidential, will be made available for public inspection and copying until at least three years after expiration of the period during which the subject mining area is active.
</P>
<P>(5) At AS 27.21.220, in accordance with the October 24, 1992, Energy Policy Act, Alaska must submit a statutory revision requiring prompt repair or compensation for material damage resulting from subsidence, and prompt replacement of water supplies affected by underground mining operations.
</P>
<P>(6) At 11 AAC 90.457(d), in accordance with the requirements at 30 CFR 816.116(a)(1) and 817.116(a)(1), Alaska must submit a program amendment (or description of the amendment with a timetable for submission) to clarify its program by revising 11 AAC 90.457 to indicate that all selected revegetation success standards and sampling techniques which may be incorporated into individual permits will be put in writing and made available to the public. If Alaska will allow for any normal husbandry practices to be used during the period required for demonstration of revegetation success, in accordance with 30 CFR 816.116(c)(4), Alaska must submit an amendment of its program to demonstrate that each practice is one that is customarily performed on similar un-mined lands and list, at 11 AAC 90.457(d), the acceptable practices.
</P>
<CITA TYPE="N">[57 FR 37423, Aug. 19, 1992, as amended at 61 FR 48842, Sept. 17, 1996; 62 FR 15117, Mar. 31, 1997; 64 FR 8514, Feb. 22, 1999; 70 FR 71394, Nov. 29, 2005; 84 FR 66308, Dec. 4, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 902.20" NODE="30:3.0.1.18.82.0.1.6" TYPE="SECTION">
<HEAD>§ 902.20   Approval of Alaska abandoned mine land reclamation plan.</HEAD>
<P>The Alaska Reclamation Plan, as submitted on August 17, 1983, is approved effective December 23, 1983. Copies of the approved plan are available at:
</P>
<P>(a) Department of Natural Resources, Division of Mining and Water Management, 3601 C Street, Suite 800, Anchorage, AK 99503-5925, Telephone: (907)762-2149.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Western Regional Coordinating Center, Technical Library, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
</P>
<CITA TYPE="N">[60 FR 33724, June 29, 1995, as amended at 60 FR 54593, Oct. 25, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 902.25" NODE="30:3.0.1.18.82.0.1.7" TYPE="SECTION">
<HEAD>§ 902.25   Approval of Alaska abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original Amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 1992</TD><TD align="left" class="gpotbl_cell">November 16, 1992</TD><TD align="left" class="gpotbl_cell">Emergency response reclamation program.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9935, Mar. 5, 1997]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="903" NODE="30:3.0.1.18.83" TYPE="PART">
<HEAD>PART 903—ARIZONA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>60 FR 18716, Apr. 12, 1995, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 903.700" NODE="30:3.0.1.18.83.0.1.1" TYPE="SECTION">
<HEAD>§ 903.700   Arizona Federal program.</HEAD>
<P>(a) This part establishes a Federal program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and applies to all coal exploration and surface coal mining and reclamation operations in Arizona conducted on non-Federal and non-Indian lands. To the extent required by 30 CFR part 740, this part also applies to surface coal mining and reclamation operations on Federal lands in Arizona.
</P>
<P>(b) Some rules in this part cross-reference pertinent parts of the permanent program rules in this chapter. The full text of a cross-referenced rule is in the permanent program rule cited under the relevant section of the Arizona Federal program.
</P>
<P>(c) The following provisions of Arizona law generally provide for more stringent environmental control and regulation of some aspects of surface coal mining and reclamation operations than do the provisions of the Surface Mining Control and Reclamation Act of 1977, and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, OSM will not generally construe such laws to be inconsistent with the Act, unless in a particular instance OSM determines that the rules in this chapter establish more stringent environmental or land use controls:
</P>
<P>(1) The Arizona Department of Agriculture has authority to abate public nuisances, including noxious weeds and noxious weed seeds, under A.R.S. section 3-231 to 3-242. Violation of this statute is a misdemeanor.
</P>
<P>(2) It is unlawful to injure any bird or harass any bird upon its nest or remove the nests or eggs of any bird without prior authorization of the Arizona Game and Fish Commission. A.R.S. section 17-236.
</P>
<P>(3) A bridge, dam, dike or causeway may not be constructed over or in a navigable river or other navigable water without the authorization of the Governor. A.R.S. Section 18-301.
</P>
<P>(4) The Department of Mineral Resources has jurisdiction over the mining of minerals, and oil and gas under Title 27 of the Arizona Revised Statutes. One of the functions of that Department is the prevention and elimination of hazardous dust conditions. A.R.S. Section 27-128. Violation of orders of State mine inspectors respecting dust prevention and control is a misdemeanor.
</P>
<P>(5) Roads leading into waste dump areas and tailing areas from inhabited or public areas are required to be blocked off and warning signs posted on the perimeter of such areas. A.R.S. Section 27-317.
</P>
<P>(6) The primary responsibility for the control and abatement of air pollution rests with the Arizona Department of Environmental Quality and its Hearing Board. The Department is responsible for the establishment and enforcement of air pollution emission standards and ambient air quality standards as a part of a comprehensive air quality plan for Arizona. A.R.S. Title 49.
</P>
<P>(7) The Arizona Department of Water Resources has jurisdiction over State water, including “surface waters.” “Surface waters” means “the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, flood, waste or surplus water, and of lakes, ponds and springs on the surface. For the purposes of administering this title, surface water is deemed to include Central Arizona Project Water.” A.R.S. Section 45-101. It is a misdemeanor to knowingly use the water of another, or divert water from a stream, waste water or obstruct water flowing into a water work. A.R.S. Section 45-112. Possession of water lawfully denied to the possessor is prima facie evidence of one's guilt. A.R.S. Section 45-112. If water is to be used for mining purposes the water rights may be severed from the land rights and transferred separately. The separation and transference of water rights is subject to numerous limitations, under A.R.S. Section 45-172.
</P>
<P>(8) Dams are defined as “any artificial barrier, including appurtenant works for the impounding or diversion of water except those barriers for the purpose of controlling liquid borne material, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre feet, but does not include any such barrier which is or will be less than six feet in height, regardless of storage capacity, or which has or will have a storage capacity not in excess of fifteen acre feet, regardless of height.” A.R.S. Section 45-701. The construction, operation, repair or alteration of any dam without the prior approval of the Director of Water Resources is a misdemeanor. A.R.S. Section 45-702 to Section 45-716.
</P>
<P>(d) Any Arizona law or regulation which may be found to interfere with the purposes and achievements of the Act, shall be preempted and superseded to the extent that the State law or regulation is inconsistent with, or precludes implementation of, requirements of the Act or this chapter under the Federal program for Arizona. The Director shall publish a notice to that effect in the <E T="04">Federal Register</E> following the procedures set forth in § 730.11(a) of this chapter.
</P>
<P>(e) The information collection requirements contained in this part have been approved by the Office of Management and Budget under 44 U.S.C. 3501 in its approval of the information collection requirements contained in the permanent regulatory program.


</P>
</DIV8>


<DIV8 N="§ 903.701" NODE="30:3.0.1.18.83.0.1.2" TYPE="SECTION">
<HEAD>§ 903.701   General.</HEAD>
<P>(a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter apply to coal exploration and surface coal mining and reclamation operations in Arizona.
</P>
<P>(b) Beginning on May 12, 1995, each surface coal mining and reclamation operation in Arizona must comply with Subchapter B of this chapter until issuance of a permanent program permit under the provisions of Subchapter C of this chapter.
</P>
<P>(c) Records required by § 700.14 of this chapter to be made available locally to the public shall be made available in the county recorder's office of the county in which an operation is located, and at the OSM Albuquerque Field Office.


</P>
</DIV8>


<DIV8 N="§ 903.702" NODE="30:3.0.1.18.83.0.1.3" TYPE="SECTION">
<HEAD>§ 903.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> applies to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.


</P>
</DIV8>


<DIV8 N="§ 903.707" NODE="30:3.0.1.18.83.0.1.4" TYPE="SECTION">
<HEAD>§ 903.707   Exemption for coal extraction incident to government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> applies to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 903.736" NODE="30:3.0.1.18.83.0.1.5" TYPE="SECTION">
<HEAD>§ 903.736   Permit fees.</HEAD>
<P>Section 736.25 of this chapter, <I>Permit fees</I> applies to any person who makes application for a permit to conduct surface coal mining and reclamation operations in Arizona.


</P>
</DIV8>


<DIV8 N="§ 903.761" NODE="30:3.0.1.18.83.0.1.6" TYPE="SECTION">
<HEAD>§ 903.761   Areas designated unsuitable for surface coal mining by act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> applies to surface coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 903.762" NODE="30:3.0.1.18.83.0.1.7" TYPE="SECTION">
<HEAD>§ 903.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> applies to surface coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 903.764" NODE="30:3.0.1.18.83.0.1.8" TYPE="SECTION">
<HEAD>§ 903.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitions, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities, applies to surface coal mining operations beginning June 24, 1996, one year after the effective date of this program.


</P>
</DIV8>


<DIV8 N="§ 903.772" NODE="30:3.0.1.18.83.0.1.9" TYPE="SECTION">
<HEAD>§ 903.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> applies to any person who conducts coal exploration. For those applications where § 772.12 of this chapter applies, the requirements of paragraphs (b) through (d) of this section shall apply in place of § 772.12(c) (1) and (3) and § 772.12(d)(1) of this chapter.
</P>
<P>(b) The applicant, upon receipt of notification from the regulatory authority of the submission of an administratively complete application for an exploration permit, must:
</P>
<P>(1) Publish one public notice of the filing in a newspaper of general circulation in the county of the proposed exploration area; and
</P>
<P>(2) Provide proof of this publication to the regulatory authority within one week of publication.
</P>
<P>(c) Any person having an interest which is or may be adversely affected, shall have the right to file written comments within 30 days after the notice is published.
</P>
<P>(d) The regulatory authority shall act upon an administratively complete application for a coal exploration permit and any written comments within 15 days from the close of the comment period unless additional time is necessary due to the number or complexity of the issues. The regulatory authority may approve a coal exploration permit only if based upon a complete and accurate application.


</P>
</DIV8>


<DIV8 N="§ 903.773" NODE="30:3.0.1.18.83.0.1.10" TYPE="SECTION">
<HEAD>§ 903.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> applies to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) The Secretary will coordinate, to the extent practicable, his/her responsibilities under the following Federal laws with the relevant Arizona laws to avoid duplication:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Federal law
</TH><TH class="gpotbl_colhed" scope="col">State law
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Clean Water Act, as amended, 33 U.S.C. 1251 et seq</TD><TD align="left" class="gpotbl_cell">A.R.S Title 49, Art. 2, Sec 221-225; A.R.S Title 49, Art. 3, Sec 241-251; A.R.S Title 49, Art. 10, Sec 361-363; A.R.S Title 49, Art. 11, Sec 371-381.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Clean Air Act, as amended, 42 U.S.C. 7401 et seq</TD><TD align="left" class="gpotbl_cell">A.R.S. Title 49.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Resource Conservation and Recovery Act, 42 U.S.C. 3251, et seq</TD><TD align="left" class="gpotbl_cell">A.R.S. Title 49, sections 921-932.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) National Environmental Policy Act, 42 U.S.C. 4321 et seq</TD><TD align="left" class="gpotbl_cell">A.R.S. Title 49, section 104.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Archeological and Historic Preservation Act, 16 U.S.C. 469 et seq</TD><TD align="left" class="gpotbl_cell">Arizona Antiquities Act—A.R.S. Title 41 secs. 821, 841-846, 861, 862, 865, 1352.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) National Historic Preservation Act, 16 U.S.C. 470 et seq</TD><TD align="left" class="gpotbl_cell">A.R.S. Title 13 Secs. 3702, 3702.1; Title 41 secs. 511, 511.04, 821, 861, 862, 1352; Title 44 sec. 123.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Section 208 of the Clean Water Act, as amended, 33 U.S.C. 1251 et seq</TD><TD align="left" class="gpotbl_cell">A.R.S. Sections 49-101, 201 and 371.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Endangered Species Act, 16 U.S.C. 1531 et seq</TD><TD align="left" class="gpotbl_cell">A.R.S. Title 17 Section 231A.2 Arizona Admin. Code Title 18 Chapter 10, Article 1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Fish and Wildlife Coordination Act, 16 U.S.C. 661-667.
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Noise Control Act, 42 U.S.C. 4903.
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Bald Eagle Protection Act, 16 U.S.C. 668-668(d)</TD><TD align="left" class="gpotbl_cell">A.R.S. Title 17 Section 235.</TD></TR></TABLE></DIV></DIV>
<P>(c) No person may conduct coal exploration operations that result in removal of more than 250 tons of coal in one location or surface coal mining and reclamation operations: 
</P>
<P>(1) Without a permit issued by the Secretary as required under 30 CFR part 772 or 773; and 
</P>
<P>(2) Without permits, leases and/or certificates required by the State of Arizona, including, but not limited to the following:
</P>
<P>(i) Municipal planning statutes (A.R.S. Section 9-461 to 9-462.01); County planning and zoning statutes (A.R.S. Sections 11-322 <I>et seq.,</I> 11-803, 11-808, 11-821);
</P>
<P>(ii) Statutes governing perfection and recordation of mining claims (A.R.S. Section 27-201 to 27-210);
</P>
<P>(iii) Statutes requiring mineral exploration permits (A.R.S. Section 27-251 to 27-256);
</P>
<P>(iv) Solid waste and air pollution discharge permits, installation and operation permits required for equipment causing air pollution and water pollution discharge permits (A.R.S. Title 49);
</P>
<P>(v) Mineral prospecting permits for State lands (A.R.S. Section 37-231);
</P>
<P>(vi) Permits for discharge into or use of State waters and permits for secondary use of reservoir waters (A.R.S. Title 45).
</P>
<P>(d) In addition to the requirements of part 773 of this chapter, the following permit application review procedures apply: 
</P>
<P>(1) Any person applying for a permit must submit at least five copies of the application to OSM's Western Support Center (WSC) in Denver, Colorado.
</P>
<P>(2) WSC shall review an application for administrative completeness and acceptability for further review, and notify the applicant in writing of the findings. WSC may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the applicant of the findings;
</P>
<P>(ii) Request additional information required for completeness, stating specifically what information must be supplied; or
</P>
<P>(iii) Determine the application administratively complete and acceptable for further review.
</P>
<P>(3) When WSC determines the application to be administratively complete, it will notify the applicant. Upon such notification, the applicant must publish the public notice required by § 773.6(a)(1) of this chapter.
</P>
<P>(4) A representative of WSC may visit the proposed permit area if necessary to determine whether the operation and reclamation plans are consistent with actual site conditions. WSC will provide the applicant advance notice of the time of the visit.
</P>
<P>(5) In determining the completeness of an application, WSC will consider whether the information provided in the application is adequate for OSM to comply with the National Environmental Policy Act, 42 U.S.C. 4322. If necessary, WSC may require specific additional information from the applicant as any environmental review progresses.
</P>
<P>(e) In addition to the information required by subchapter G of this chapter, WSC may require an applicant to submit supplemental information to ensure compliance with applicable Federal laws and regulations other than the Act and 30 CFR chapter VII.
</P>
<P>(f) In making a decision on an application, the regulatory authority shall review any written comments or objections it has received and the records of any informal conference or hearing it has held on the application. The regulatory authority shall issue a written decision in accordance with the timeframes in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If * * *
</TH><TH class="gpotbl_colhed" scope="col">And * * *
</TH><TH class="gpotbl_colhed" scope="col">Then a written decision shall be issued * * *
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">OSM has not prepared an EIS</TD><TD align="left" class="gpotbl_cell">An informal conference has not been held</TD><TD align="left" class="gpotbl_cell">Within 60 days of the close of the comment period.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">OSM has not prepared an EIS</TD><TD align="left" class="gpotbl_cell">An informal conference has been held</TD><TD align="left" class="gpotbl_cell">Within 60 days of the conclusion of the informal conference (unless additional time is needed because of the number or complexity of the issues).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">OSM has prepared an EIS</TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">No earlier than 30 days after the Environmental Protection Agency publishes the notice of availability of the final EIS in the <E T="04">Federal Register.</E></TD></TR></TABLE></DIV></DIV>
<P>(g) OSM will consider withholding information from public disclosure under § 773.6(d) of this chapter if the applicant labels the information confidential and submits it separately from the rest of the application.
</P>
<P>(1) If the applicant submits information identified as confidential, the notice required by § 773.6(a)(1) of this chapter shall state this and identify the type of information that the applicant has submitted.
</P>
<P>(2) OSM shall determine the qualification of any application information labeled confidential within 10 days of the last publication of the notice required under § 773.6(a)(1) of this chapter, unless additional time is necessary to obtain public comment or in the event of unforeseen circumstances.
</P>
<CITA TYPE="N">[60 FR 18716, Apr. 12, 1995, as amended at 65 FR 79671, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 903.774" NODE="30:3.0.1.18.83.0.1.11" TYPE="SECTION">
<HEAD>§ 903.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> applies to any such actions involving surface coal mining and reclamation operations permits, except as specified in this section.
</P>
<P>(b) No revision to an approved mining or reclamation plan shall be effective until reviewed and approved by WSC.
</P>
<P>(c) Any significant revision to the approved mining or reclamation plan shall be subject to the public notice and hearing provisions of §§ 903.773(d)(3) and 773.6(b) and (c) of this chapter before it is approved and implemented. Any revision to an approved reclamation plan that may have the potential to adversely affect the achievement of reclamation and the post-mining land use is a significant permit revision. In addition, WSC will consider the following factors, as well as other relevant factors, in determining the significance of a proposed revision:
</P>
<P>(1) Changes in production or recoverability of the coal resource;
</P>
<P>(2) Environmental effects;
</P>
<P>(3) Public interest in the operation, or likely interest in the proposed revision; and
</P>
<P>(4) Possible adverse impacts from the proposed revision on fish or wildlife, endangered species, bald or golden eagles, or cultural resources.
</P>
<P>(d) The regulatory authority will approve or disapprove non-significant permit revisions within a reasonable time after receiving a complete and accurate revision application. Significant revisions and renewals shall be approved or disapproved under the provisions of § 903.773(f).
</P>
<P>(e) Any person having an interest that is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, may submit written comments on the application to WSC. Comments may be submitted within 30 days of either the publication of the newspaper notice required by § 774.17(b)(2) of this chapter, or receipt of an administratively complete application, whichever is later. For purposes of this paragraph, a person includes, but is not limited to an official of any Federal, State, or local government agency.
</P>
<P>(f) Within 30 days from the last publication of the newspaper notice, written comments or objections to an application for significant revision or renewal of a permit may be submitted to the regulatory authority by:
</P>
<P>(1) Any person having an interest that is or may be adversely affected by the decision on the application; or
</P>
<P>(2) Public entities notified under § 773.6(a)(3) of this chapter of the proposed mining operations on the environment within their areas of responsibility.
</P>
<CITA TYPE="N">[60 FR 18716, Apr. 12, 1995, as amended at 65 FR 79671, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 903.775" NODE="30:3.0.1.18.83.0.1.12" TYPE="SECTION">
<HEAD>§ 903.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> applies to all decisions on permits.


</P>
</DIV8>


<DIV8 N="§ 903.777" NODE="30:3.0.1.18.83.0.1.13" TYPE="SECTION">
<HEAD>§ 903.777   General content requirements for permit applications.</HEAD>
<P>(a) Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> applies to any person who makes application for a permit to conduct surface coal mining and reclamation operations.
</P>
<P>(b) Any person who wishes to conduct surface coal mining and reclamation operations must file a complete application as early as possible before the date the permit is desired and pay to OSM a permit fee in accordance with § 903.736.
</P>
<P>(c) Any person who wishes to revise a permit shall submit a complete application as early as possible before the desired approval date of the permit revision and shall pay a permit fee in accordance with 30 CFR 777.17.


</P>
</DIV8>


<DIV8 N="§ 903.778" NODE="30:3.0.1.18.83.0.1.14" TYPE="SECTION">
<HEAD>§ 903.778   Permit applications—Minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information,</I> applies to any person who submits an application for a permit to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 903.779" NODE="30:3.0.1.18.83.0.1.15" TYPE="SECTION">
<HEAD>§ 903.779   Surface mining permit applications—Minimum requirements for information on environmental resources.</HEAD>
<P>(a) Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> applies to any person who submits an application to conduct surface coal mining and reclamation operations.
</P>
<P>(b) Each permit application must include a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area.


</P>
</DIV8>


<DIV8 N="§ 903.780" NODE="30:3.0.1.18.83.0.1.16" TYPE="SECTION">
<HEAD>§ 903.780   Surface mining permit applications—Minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> applies to any person who submits an application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 903.783" NODE="30:3.0.1.18.83.0.1.17" TYPE="SECTION">
<HEAD>§ 903.783   Underground mining permit applications—Minimum requirements for information on environmental resources.</HEAD>
<P>(a) Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> applies to any person who submits an application to conduct underground coal mining operations.
</P>
<P>(b) Each permit application must include a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area.


</P>
</DIV8>


<DIV8 N="§ 903.784" NODE="30:3.0.1.18.83.0.1.18" TYPE="SECTION">
<HEAD>§ 903.784   Underground mining permit applications—Minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> applies to any person who submits an application to conduct underground coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 903.785" NODE="30:3.0.1.18.83.0.1.19" TYPE="SECTION">
<HEAD>§ 903.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for permits for Special Categories of Mining,</I> applies to any person who submits an application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein.


</P>
</DIV8>


<DIV8 N="§ 903.795" NODE="30:3.0.1.18.83.0.1.20" TYPE="SECTION">
<HEAD>§ 903.795   Small operator assistance program.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance Program,</I> applies to any person who submits an application for assistance under the small operator assistance program.


</P>
</DIV8>


<DIV8 N="§ 903.800" NODE="30:3.0.1.18.83.0.1.21" TYPE="SECTION">
<HEAD>§ 903.800   Bond and insurance requirements for surface coal mining and reclamation operations under regulatory programs.</HEAD>
<P>(a) Part 800 of this chapter, <I>Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> applies to all surface coal mining and reclamation operations, except for § 800.40(a)(1) of this chapter regarding the bond release application, for which paragraph (b) of this section substitutes.
</P>
<P>(b) The permittee may file an application with the regulatory authority for the release of all or part of a performance bond. The application must be filed no later than 30 days before the end of the vegetation growing season in order to allow time for the regulatory authority to properly evaluate the completed reclamation operations. The appropriate times or seasons for the evaluation of certain types of reclamation shall be identified in the mining and reclamation plan required in subchapter G of this chapter and approved by the regulatory authority.


</P>
</DIV8>


<DIV8 N="§ 903.815" NODE="30:3.0.1.18.83.0.1.22" TYPE="SECTION">
<HEAD>§ 903.815   Performance standards—Coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> applies to any person who conducts coal exploration.


</P>
</DIV8>


<DIV8 N="§ 903.816" NODE="30:3.0.1.18.83.0.1.23" TYPE="SECTION">
<HEAD>§ 903.816   Performance standards—Surface mining activities.</HEAD>
<P>(a) Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> applies to any person who conducts surface mining activities, except § 816.116(a)(1) of this chapter regarding revegetation success standards, for which paragraph (b) of this section substitutes.
</P>
<P>(b) Standards for success shall be those identified at § 816.116(a)(2) and (b) of this chapter. Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan and approved by the regulatory authority.


</P>
</DIV8>


<DIV8 N="§ 903.817" NODE="30:3.0.1.18.83.0.1.24" TYPE="SECTION">
<HEAD>§ 903.817   Performance standards—Underground mining activities.</HEAD>
<P>(a) Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> applies to any person who conducts underground mining activities, except § 817.116(a)(1) of this chapter regarding revegetation success standards, for which paragraph (b) of this section substitutes.
</P>
<P>(b) Standards for success shall be those identified at § 817.116(a)(2) and (b) of this chapter. Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan and approved by the regulatory authority.


</P>
</DIV8>


<DIV8 N="§ 903.819" NODE="30:3.0.1.18.83.0.1.25" TYPE="SECTION">
<HEAD>§ 903.819   Special performance standards—Auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> applies to any person who conducts surface coal mining operations that include auger mining.


</P>
</DIV8>


<DIV8 N="§ 903.822" NODE="30:3.0.1.18.83.0.1.26" TYPE="SECTION">
<HEAD>§ 903.822   Special performance standards—Operations in alluvial valley floors.</HEAD>
<P>Part 822 of this chapter, <I>Special Permanent Program Performance Standards—Operations in Alluvial Valley Floors,</I> applies to any person who conducts surface coal mining and reclamation operations on alluvial valley floors.


</P>
</DIV8>


<DIV8 N="§ 903.823" NODE="30:3.0.1.18.83.0.1.27" TYPE="SECTION">
<HEAD>§ 903.823   Special performance standards—Operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> applies to any person who conducts surface coal mining and reclamation operations on prime farmland.


</P>
</DIV8>


<DIV8 N="§ 903.824" NODE="30:3.0.1.18.83.0.1.28" TYPE="SECTION">
<HEAD>§ 903.824   Special performance standards—Mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> applies to any person who conducts surface coal mining and reclamation operations constituting mountaintop removal mining.


</P>
</DIV8>


<DIV8 N="§ 903.827" NODE="30:3.0.1.18.83.0.1.29" TYPE="SECTION">
<HEAD>§ 903.827   Special performance standards—Coal preparation plants not located within the permit area of a mine.</HEAD>
<P>Part 827 of this chapter, <I>Permanent Program Performance Standards—Coal Preparation Plants Not Located Within the Permit Area of a Mine,</I> applies to any person who conducts surface coal mining and reclamation operations which include the operation of a coal preparation plant not located within the permit area of a mine.


</P>
</DIV8>


<DIV8 N="§ 903.828" NODE="30:3.0.1.18.83.0.1.30" TYPE="SECTION">
<HEAD>§ 903.828   Special performance standards—In situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> applies to any person who conducts surface coal mining and reclamation operations that include the in situ processing of coal.


</P>
</DIV8>


<DIV8 N="§ 903.842" NODE="30:3.0.1.18.83.0.1.31" TYPE="SECTION">
<HEAD>§ 903.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> applies to all coal exploration and surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 842 of this chapter, OSM will furnish copies of inspection reports when requested by a designated Arizona State agency with jurisdiction over mining.


</P>
</DIV8>


<DIV8 N="§ 903.843" NODE="30:3.0.1.18.83.0.1.32" TYPE="SECTION">
<HEAD>§ 903.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> applies regarding enforcement action on coal exploration and surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 843 of this chapter, OSM will furnish copies of enforcement actions and orders to show cause, upon request, to a designated Arizona State agency with jurisdiction over mining.


</P>
</DIV8>


<DIV8 N="§ 903.845" NODE="30:3.0.1.18.83.0.1.33" TYPE="SECTION">
<HEAD>§ 903.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> applies to the assessment of civil penalties for violations on coal exploration and surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 903.846" NODE="30:3.0.1.18.83.0.1.34" TYPE="SECTION">
<HEAD>§ 903.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> applies to the assessment of individual civil penalties under section 518(f) of the Act.


</P>
</DIV8>


<DIV8 N="§ 903.955" NODE="30:3.0.1.18.83.0.1.35" TYPE="SECTION">
<HEAD>§ 903.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> applies to the training, examination and certification of blasters for surface coal mining and reclamation operations.


</P>
</DIV8>

</DIV5>


<DIV5 N="904" NODE="30:3.0.1.18.84" TYPE="PART">
<HEAD>PART 904—ARKANSAS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 904.1" NODE="30:3.0.1.18.84.0.1.1" TYPE="SECTION">
<HEAD>§ 904.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Arkansas which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[45 FR 77015, Nov. 21, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 904.10" NODE="30:3.0.1.18.84.0.1.2" TYPE="SECTION">
<HEAD>§ 904.10   State regulatory program approval.</HEAD>
<P>The Secretary conditionally approved the Arkansas regulatory program, as submitted on February 18, 1980, amended on May 29, 1980, and July 2, 1980, and clarified on July 29, 1980, August 8, 1980, August 14, 1980, and August 29, 1980, effective November 21, 1980. He fully approved the Arkansas regulatory program, as amended on September 2, 1980, January 19, 1981, and March 12, 1981, effective January 22, 1982. Copies of the approved program are available at:
</P>
<P>(a) Arkansas Department of Environmental Quality, 8001 National Drive, P.O. Box 8913, Little Rock, AR 72219-8913.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.
</P>
<CITA TYPE="N">[64 FR 20166, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 904.12" NODE="30:3.0.1.18.84.0.1.3" TYPE="SECTION">
<HEAD>§ 904.12   State program provisions and amendments not approved.</HEAD>
<P>The following amendments to the Arkansas Surface Coal Mining and Reclamation Code as submitted to OSMRE on May 1, 1987, are hereby disapproved: 
</P>
<P>(a) ASCMRC part 722, all revisions and additions which address surface coal mining and reclamation operations previously exempted under the 2-acre exemption rule of section 528 of SMCRA. 
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[53 FR 9884, Mar. 28, 1988, as amended at 54 FR 47355, Nov. 14, 1989; 67 FR 35029, May 17, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 904.15" NODE="30:3.0.1.18.84.0.1.4" TYPE="SECTION">
<HEAD>§ 904.15   Approval of Arkansas regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 7, 1983</TD><TD align="left" class="gpotbl_cell">March 16, 1984</TD><TD align="left" class="gpotbl_cell">ASCMRC 771.25 (a)(2); 776(c)(1), (2), (4), (5)(i), (ii); 842(c). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 21, 1985</TD><TD align="left" class="gpotbl_cell">August 15, 1985</TD><TD align="left" class="gpotbl_cell">ASCMRC 843.12; 845.18 through .20.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 17, 1984</TD><TD align="left" class="gpotbl_cell">December 2, 1985</TD><TD align="left" class="gpotbl_cell">ASCMRC 816.61-S, -U, .62, .64, -U, .65, .67, .68; 850.1, .5, .12 through .15.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 10, 1986</TD><TD align="left" class="gpotbl_cell">March 28, 1988</TD><TD align="left" class="gpotbl_cell">ASCMRC 701.5; 761.12(b)(2), (e)(1), (2), (3); .15; 762.5; 764.13, .15(a)(1); 771.23(c)(4); 776.12, (a)(3)(vi), .14(a); 778.14(c); 779.14(a), (b)(1), .17; 780.18(b)(4), .21; 784.20(a)(1), (2), (b)(1), (e); 785.13(e), (5), (i), (j), (k), .17(b)(1)(ii); 786.1(d), .11(a), .15(a)(4), .16(a), .17(a)(1), .19(d)(8), .29(c); 788.18(d); 795.13, .14(d)(4), .19(a)(5); 800.11(h), .13(g); 805.13(b), .14(a); 806.11(b), (d)(2)(v); 807.11(d)(2)(v); 808.14(c); 815.15(a); 816.41(d), .42(a)(7), .43, .44(b)(3), .46, .49, .52(a)(4), .53, .55(d), .57(a)(2), .71 through .74, .79, .81, .83, .84, .87, .89, .97(b), (d)(10), .102(a)(2), (b), (f), .107, .111, .116, .126-U(a), (e), (f), .133(b)(1), .150, .151; 819.11(c)(1), (2); 823.12(a)(1), .15; 826.12(c); 827.11; 842.16(a); 843.11(a)(2), (3); 845.12(b), .13(b)(2), .15(b)(1)(i), (ii), (2); 1000(6), (10), (13), (16), (19), (51). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 4, 1987</TD><TD align="left" class="gpotbl_cell">June 1, 1988</TD><TD align="left" class="gpotbl_cell">ASCMRC 776.12(a)(3), (b); 780.31; 786.19(p). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 22, 1988</TD><TD align="left" class="gpotbl_cell">November 14, 1989</TD><TD align="left" class="gpotbl_cell">ASCMRC 705.11(a), .13(a), .15; 780.16(b)(3)(i), (ii), (c); 784.21; 816.97(b); 817.97; 846.1, .5, .12, .14, .18; 1000(50).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 18, 1989</TD><TD align="left" class="gpotbl_cell">November 23, 1990</TD><TD align="left" class="gpotbl_cell">ASCMRC 778.13(a), (5), (6), (7), (b), (1) through (5), (c), (g), (h), .14(c), (d); 786.5(c), .17(c), (d), .19(i), .27(d), .30(a), (b), (c), .31(a), (b), (c); 843.11(g). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 20, 1990</TD><TD align="left" class="gpotbl_cell">June 14, 1991</TD><TD align="left" class="gpotbl_cell">ASCMRC 700.10(d), part 702. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 27, 1990</TD><TD align="left" class="gpotbl_cell">July 18, 1991</TD><TD align="left" class="gpotbl_cell">ASCMRC 700.10(a); 701.5; 776.11(b); 780.21(f), .37(f), (g), (h), .38; 784.27; 800.11(b)(2); 815.15(c)(2), (3), (4), .17(a), (b); 816.49(b)(7), (c)(2), .84(b)(2), (f), .116(b)(3), (c)(4), .117, .150 (b), (d), (f), .152(a), (c); 1000(d)(2), (8), (30) through (36), (44), (47). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 11, 1991</TD><TD align="left" class="gpotbl_cell">April 23, 1992</TD><TD align="left" class="gpotbl_cell">ASCMRC 816.116(c)(2). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 11, 1991, September 25, 1991</TD><TD align="left" class="gpotbl_cell">August 19, 1992</TD><TD align="left" class="gpotbl_cell">ASCMRC 701.5, .11(c)(1); 707.12; 761.5 defining VER and public roads; 764.15(a)(7); 770.5, .6(a), (b), (c); 771.23(e)(1), (2); 772; 779.11, .12(a), (b), .15(a), .16(a), (b)(2), .17, .18(a), .20(a), .21(a), .22(a), (c), .24(g), (k), .25, .25(d) through (h), (j), .27(a), (b)(5), (d)(1), (2); 780.11, .14(b), (2), .18(b)(3), .23(b), .25(a), (b), .37(e); 783.14(a) through (d); 785.16(a), .17(a), (b); 786.5(b), .14(b)(3), .19(c); 788.13(b); 805.13(d); 806.12(e)(6)(iii), (g)(7)(iii); 808.12(c), .14(a), (b); 810.11; 815, .2(b), (c), .11(c), .15(a) through (d), (f) through (k); 816.13, .41(a), .43(e), .51-S(b), .52(a)(1), (2), .54, .65(f), .95(a), (b), .101(b)(1), .102(a), (g), .103, .104(a), (b), (3), .106, .107, .115, .133(c); 823.1, .14(c); 826.12(b); 827.12(m); 828.11(e), .12(a); 1000(d)(1), (3), (4), (5), (7), (9), (11), (12), (14), (15), (17), (18), (20) through (29), (37) through (43), (45), (46), (48), (49). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 31, 1993</TD><TD align="left" class="gpotbl_cell">November 17, 1994</TD><TD align="left" class="gpotbl_cell">ACA 15-58-104(11), 503(a)(2)(A), (B), (C). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 26, 1994</TD><TD align="left" class="gpotbl_cell">June 30, 1995</TD><TD align="left" class="gpotbl_cell">ASCMRA 4(18), (19), 5(b)(1), 13(k).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 2, 1996</TD><TD align="left" class="gpotbl_cell">April 29, 1997</TD><TD align="left" class="gpotbl_cell">ASCMRC 700.10(b); 701.5; 771.25(b); 779.13; .15; .16; .17; .20; .22; .25(k); 780.21(f)(3)(v); .23; .25(a)(2) through (f); 783.13; .15; .16; .17; .20; .22; 784.14; .15; .16; .20; 785.25; 786.17(c)(4); .19; 795.12; .13; .16; .17; .19; Parts 800, 805 through 808; 816.41(e); .46(a)(3), (b)(2), (c)(2); .49; .81(a), (c)(2), (3), (4); .82; .85; .86; .88; .89(d); .91; .92; .93; .112; .116(c)(2), (3), (4); .121-U(a), (c) through (g); .122-U; .124-U; .126-U; 827.12(g); 842.11(c)(1) through (4); (d), (e), (f); 842.14. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 6, 1998</TD><TD align="left" class="gpotbl_cell">September 16, 1998</TD><TD align="left" class="gpotbl_cell">ASCMRC 701.5; 761.5(d); 780.14(c); 780.18(b)(7), .25(a)(3)(i), .35(b); 785.15(b)-(c), .16(a), (c)(6), and (d), .17(d)(5); 815.15(k); 816.11(g), .21, .22, .23, .24, .25, .43(e), (f)(5), .44(c), .46, .48(b), .56, .74, .102, .103, .104-S, .105-S, .106, .107(a)-(b); part 823; part 826; 845.18(b) and .19(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 27, 1998</TD><TD align="left" class="gpotbl_cell">November 25, 1998</TD><TD align="left" class="gpotbl_cell">ASCMRC 701.5; 816.116(b)(1), (2), (3)(iv), (4), (5); Policy Guidelines for Phase III Revegetation Success Standards for Pasture and Previously Mined Areas, Cropland, Forest Products, Recreation and Wildlife Habitat, Industrial/Commercial and Residential Revegetation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 1, 2002</TD><TD align="left" class="gpotbl_cell">August 15, 2001</TD><TD align="left" class="gpotbl_cell">Sections 761.5 definitions of “valid existing rights” &amp; “public buildings;” 761.11-.15; 761.16; 761.17; 761.200(a); 762.14-.15; 764.15(a)(7); 776.12; 778.16(c); 780.31(a)(2); 780.33; 780.37; 786.11(a)(4) &amp; (a)(5); 786.14(c); and 786.19(d)(1) &amp; (d)(4)-(d)(8); regulatory authority name change to Arkansas Department of Environmental Quality; and recodification of the statutes to Arkansas Code Annotated Title 15, Chapter 58, Subchapters 1-5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 13, 2001</TD><TD align="left" class="gpotbl_cell">May 17, 2002</TD><TD align="left" class="gpotbl_cell">ASCMRC 845.18(a); Phase II and III Revegetation Success Standards for Grazingland; and Phase III Revegetation Success Standards for Prime Farmland.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9935, Mar. 5, 1997, as amended at 62 FR 23135, Apr. 29, 1997; 62 FR 31474, June 9, 1997; 63 FR 49429, Sept. 16, 1998; 63 FR 65067, Nov. 25, 1998; 66 FR 42742, Aug. 15, 2001; 67 FR 35029, May 17, 2002]



</CITA>
</DIV8>


<DIV8 N="§ 904.16" NODE="30:3.0.1.18.84.0.1.5" TYPE="SECTION">
<HEAD>§ 904.16   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 904.20" NODE="30:3.0.1.18.84.0.1.6" TYPE="SECTION">
<HEAD>§ 904.20   Approval of Arkansas abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Arkansas abandoned mine land reclamation plan, as submitted on July 7, 1982, effective May 2, 1983. Copies of the approved plan are available at:
</P>
<P>(a) Arkansas Department of Environmental Quality, 8001 National Drive, P.O. Box 8913, Little Rock, AR 72219-8913.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.
</P>
<CITA TYPE="N">[64 FR 20166, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 904.25" NODE="30:3.0.1.18.84.0.1.7" TYPE="SECTION">
<HEAD>§ 904.25   Approval of Arkansas abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 31, 1993</TD><TD align="left" class="gpotbl_cell">July 19, 1993</TD><TD align="left" class="gpotbl_cell">ACA 15-58-401(b), (c). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 6, 1993</TD><TD align="left" class="gpotbl_cell">January 5, 1994</TD><TD align="left" class="gpotbl_cell">ACA 15-58-401(b)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 2, 1996</TD><TD align="left" class="gpotbl_cell">April 29, 1997</TD><TD align="left" class="gpotbl_cell">ASCMRC 874.5; .12(a)(4) through (8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 16, 1999</TD><TD align="left" class="gpotbl_cell">September 20, 1999</TD><TD align="left" class="gpotbl_cell">Definitions; Purposes of the state reclamation program; Identification of eligible lands and water; Ranking and selection procedures; Coordination of reclamation work; Acquisition management and disposition of land and water; Reclamation on private land; Rights of entry; Public participation; Organizational structure; Personnel and staffing policies; Purchasing and procurement systems; Management accounting; and Abandoned mine land problem description.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 22, 1999</TD><TD align="left" class="gpotbl_cell">January 14, 2000</TD><TD align="left" class="gpotbl_cell">Subheading B. Identification of Eligible Lands and Water [30 CFR 884.13(c)(2)].
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 13, 2001</TD><TD align="left" class="gpotbl_cell">May 17, 2002</TD><TD align="left" class="gpotbl_cell">ASCMRC 874.12(b)(4); 874.13(d); and 874.14(a)(2).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9936, Mar. 5, 1997, as amended at 62 FR 23135, Apr. 29, 1997; 64 FR 50756, Sept. 20, 1999; 65 FR 2332, Jan. 14, 2000; 67 FR 35029, May 17, 2002]



</CITA>
</DIV8>


<DIV8 N="§ 904.26" NODE="30:3.0.1.18.84.0.1.8" TYPE="SECTION">
<HEAD>§ 904.26   Required plan amendments.</HEAD>
<P>Pursuant to 30 CFR 884.15, Arkansas is required to submit for OSM's approval the following proposed plan amendment by the date specified.
</P>
<P>(a)-(b) [Reserved]
</P>
<CITA TYPE="N">[59 FR 542, Jan. 5, 1994]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="905" NODE="30:3.0.1.18.85" TYPE="PART">
<HEAD>PART 905—CALIFORNIA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 26575, July 13, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 905.700" NODE="30:3.0.1.18.85.0.1.1" TYPE="SECTION">
<HEAD>§ 905.700   California Federal Program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in California which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) Certain of the rules in this part cross-reference pertinent parts of the permanent program regulations in this Chapter. The full text of a cross-referenced rule is in the permanent program rule cited under the relevant section of the California Federal program.
</P>
<P>(c) This part applies to all coal exploration and surface coal mining and reclamation operations in California conducted on non-Federal and non-Indian lands. To the extent required by 30 CFR part 740, this part also applies to operations on Federal lands in California.
</P>
<P>(d) The information collection requirements contained in this part have already been approved by the Office of Management and Budget under 44 U.S.C. 3507 in its approval of the information collection requirements contained in the permanent regulatory program.
</P>
<P>(e) The following provisions of California law generally provide for more stringent land use and environmental control and regulation of some aspects of surface coal mining operations than do the provisions of the Surface Mining Control and Reclamation Act of 1977, and the regulations in this chapter. Therefore, pursuant to section 505(b) of SMCRA, these provisions shall not generally be considered to be inconsistent with SMCRA unless, in a particular instance, the Federal program regulations establish more stringent environmental or land use controls:
</P>
<P>(1) The California Environmental Quality Act, Cal. Pub. Res. Code section 21000 <I>et seq.</I> (West 1986).
</P>
<P>(2) The Porter-Cologne Water Quality Control Act, Cal. Water Code section 13000 <I>et seq.</I> (West 1971).
</P>
<P>(3) California Hazardous Waste Control Law, Cal. Health &amp; Safety Code section 25100 <I>et seq.</I> (West 1984).
</P>
<P>(4) The State Underground Storage of Hazardous Substances Law, Cal. Health &amp; Safety Code section 25280 <I>et seq.</I> (West 1984).
</P>
<P>(5) California Coastal Act of 1976, Cal. Pub. Res. Code Section 30000 <I>et seq.</I> (West 1986).
</P>
<P>(6) The Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res. Code section 4511 <I>et seq.</I> (West 1984).
</P>
<P>(7) Cal. Pub. Res. Code section 4656 (West 1984), requiring a permit for mining in State forests.
</P>
<P>(f) The following are the California laws that generally interfere with the achievement of the purposes and requirements of SMCRA and are, in accordance with section 504(g) of SMCRA, preempted and superseded. Other California laws may in an individual situation interfere with the purposes and achievements of SMCRA and may be preempted and superseded with respect to the performance standards of §§ 905.815 through 905.828 as they affect a particular coal exploration or surface mining operation by publication of a notice to that effect in the <E T="04">Federal Register.</E>
</P>
<P>(1) The California Surface Mining and Reclamation Act of 1975, Cal. Pub. Res. Code section 2710 <I>et seq.</I> (West 1984), as it relates to coal mining, except to the extent that it regulates other activities that are not regulated by SMCRA.
</P>
<P>(2) Cal. Labor Code section 7990 <I>et seq.</I> (West Supp. 1988) (licensing of blasters), except as it applies to other activities that are not regulated by SMCRA.
</P>
<P>(3) California Solid Waste Management and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 <I>et seq.</I> (West 1983), except to the extent that it regulates other activities that are not regulated by SMCRA.


</P>
</DIV8>


<DIV8 N="§ 905.701" NODE="30:3.0.1.18.85.0.1.2" TYPE="SECTION">
<HEAD>§ 905.701   General.</HEAD>
<P>(a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to coal exploration and surface coal mining and reclamation operations in California.
</P>
<P>(b) Beginning on the effective date of this program, each surface coal mining and reclamation operation in California shall comply with subchapter B of this chapter until issuance of a permanent program permit under the provisions of subchapter C of this chapter.
</P>
<P>(c) Records required by § 700.14 of this chapter to be made available locally to the public shall be made available in the OSMRE Albuquerque Field Office.


</P>
</DIV8>


<DIV8 N="§ 905.702" NODE="30:3.0.1.18.85.0.1.3" TYPE="SECTION">
<HEAD>§ 905.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 905.707" NODE="30:3.0.1.18.85.0.1.4" TYPE="SECTION">
<HEAD>§ 905.707   Exemption for coal extraction incident to government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 905.761" NODE="30:3.0.1.18.85.0.1.5" TYPE="SECTION">
<HEAD>§ 905.761   Areas designated unsuitable for surface coal mining by act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 905.762" NODE="30:3.0.1.18.85.0.1.6" TYPE="SECTION">
<HEAD>§ 905.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 905.764" NODE="30:3.0.1.18.85.0.1.7" TYPE="SECTION">
<HEAD>§ 905.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitions, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities shall apply to surface coal mining operations beginning one year after the effective date of this program.


</P>
</DIV8>


<DIV8 N="§ 905.772" NODE="30:3.0.1.18.85.0.1.8" TYPE="SECTION">
<HEAD>§ 905.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts coal exploration. For applications where § 772.12 applies, the requirements of paragraphs (b) through (d) apply in place of § 772.12(c) (1) and (3) and § 772.12(d)(1).
</P>
<P>(b) Upon submission of an administratively complete application for an exploration permit, the applicant shall publish one public notice of the filing in a newspaper of general circulation in the county of the proposed exploration area, and provide proof of this publication to the regulatory authority within one week after the newspaper notice is published.
</P>
<P>(c) Any person having an interest which is or may be adversely affected, shall have the right to file written comments for 10 days after the advertisement appears in the newspaper.
</P>
<P>(d) The regulatory authority shall act upon an administratively complete application for a coal exploration permit and any written comments within 15 days from the close of the comment period. The approval of a coal exploration permit shall be based only on a complete and accurate application.


</P>
</DIV8>


<DIV8 N="§ 905.773" NODE="30:3.0.1.18.85.0.1.9" TYPE="SECTION">
<HEAD>§ 905.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) The Secretary shall coordinate, to the extent practicable, his responsibilities under the following Federal laws with the relevant California State laws to avoid duplication:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Federal law
</TH><TH class="gpotbl_colhed" scope="col">State law
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Clean Water Act, as amended, 33 U.S.C. 1251 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">The Porter-Cologne Water Quality Control Act, Cal. Pub. Res. Code section 13000 <E T="03">et seq.</E> (West 1971).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Clean Air Act, as amended, 42 U.S.C. 7401 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">California Air Pollution Control Laws, Cal. Health &amp; Safety Code section 39000 <E T="03">et seq.</E> (West 1986).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Resource Conservation and Recovery Act, 42 U.S.C. 3251 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">Hazardous Waste Control Law, Cal. Health &amp; Safety Code section 25100 <E T="03">et seq.</E> (West 1984); Solid Waste Mgmt. and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 <E T="03">et seq.</E> (West 1983).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) National Environmental Policy Act, 42 U.S.C. 4321 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">California Environmental Quality Act (CEQA), Cal. Pub. Res. Code section 21000 (West 1986).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Archeological and Historic Preservation Act, 16 U.S.C. 469a</TD><TD align="left" class="gpotbl_cell">CEQA.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) National Historic Preservation Act, 16 U.S.C. 470 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">CEQA.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Coastal Zone Management Act, 16 U.S.C. 1451, 1453-1464</TD><TD align="left" class="gpotbl_cell">California Coastal Act of 1976, Cal. Pub. Res. Code section 30000 <E T="03">et seq.</E> (West 1986).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Section 208 of the Clean Water Act, as amended, 33 U.S.C. 1251 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">The Porter-Cologne Act.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Endangered Species Act, 16 U.S.C. 1531 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">California Endangered Species Act of 1984, Cal. Fish &amp; Game Code section 2060 <E T="03">et seq.</E> (West Supp. 1988).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Fish and Wildlife Coordination Act, 16 U.S.C. 661-667
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Noise Control Act, 42 U.S.C. 4903</TD><TD align="left" class="gpotbl_cell">California Noise Control Act of 1973, Cal. Health &amp; Safety Code section 46000 <E T="03">et seq.</E> (West Supp. 1986).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Bald Eagle Protection Act, 16 U.S.C. 668-668(d)</TD><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(c) Where applicable, no person shall conduct coal exploration operations which result in the removal of more than 250 tons in one location or surface coal mining and reclamation operations without a permit issued by the Secretary pursuant to 30 CFR parts 772 and 773 and permits, leases and/or certificates required by the State of California, including compliance with the Porter-Cologne Water Quality Control Act, Cal. Pub. Res. Code section 13000 <I>et seq.</I>; the California Water Code section 1200 <I>et seq.</I>; the California Air Pollution Control Laws, Cal. Health &amp; Safety Code section 39000 <I>et seq.</I>; the Hazardous Waste Control Law, Cal. Health &amp; Safety Code section 25100 <I>et seq.;</I> the State Underground Storage of Hazardous Substances Law, Cal. Health &amp; Safety Code section 25280 <I>et seq.</I>; the Solid Waste Management and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 <I>et seq.</I>; the California Environmental Quality Act, Cal. Pub. Res. Code section 21000; the California Coastal Act of 1976, Cal. Pub. Res. Code section 30000 <I>et seq.</I>; the Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res. Code section 4511 <I>et seq.</I>; and the California Public Resources Code section 4656.
</P>
<P>(d) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Western Field Operations office (WFO) in Denver, Colorado.
</P>
<P>(2) The WFO shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The WFO may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the applicant of the findings;
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) When the application is judged administratively complete, the applicant shall be advised by the WFO to file the public notice required by § 773.6 of this chapter.
</P>
<P>(4) A representative of the WFO shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(5) Adequacy of information to allow the WFO to comply with the National Environmental Policy Act, 42 U.S.C. 4332, and the National Historic Preservation Act, 16 U.S.C. 470 <I>et seq.</I>, shall be considered in the determination of a complete application. The WFO may require specific additional information from the applicant as any environmental review progresses when such specific information is needed.
</P>
<P>(e) In addition to the information required by subchapter G of this chapter, the WFO may require an applicant to submit supplemental information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(f) The regulatory authority shall review the application for a permit, written comments and objections submitted; and records of any informal conference or hearing held on the application and, where there is no environmental impact statement (EIS) and the WFO has found, pursuant to 36 WFO 800.4(d) and 800.5(b), that the operation will not affect historic properties, issue a written decision within 60 days from the close of the comment period or if an informal conference is held under § 773.6(c), 60 days from the close of the informal conference. Where an EIS has been prepared for the application and/or the WFO must comply with 36 CFR 800.5 (d) or (e), the written decision shall be issued within 60 days from the Environmental Protection Agency's publication of the notice of availability of the final EIS in the <E T="04">Federal Register</E> or the completion of OSMRE's responsibilities under 36 CFR part 800, whichever is later.
</P>
<P>(g) Only application information that is labeled confidential by the applicant and submitted separately from the remainder of the application will be reviewed by OSMRE for withholding from disclosure under § 773.6(d).
</P>
<P>(1) If the application contains information identified as confidential by the applicant, the public notice required by § 905.773(d)(3) must identify the type of information considered to be confidential.
</P>
<P>(2) OSMRE shall determine in regard to qualification of any application information labeled confidential within 10 days of the last publication of the notice required under § 905.773(d)(3) of this chapter, unless additional time is necessary to obtain public comment or in the event of unforeseen circumstances.
</P>
<CITA TYPE="N">[60 FR 18716, Apr. 12, 1995, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 905.774" NODE="30:3.0.1.18.85.0.1.10" TYPE="SECTION">
<HEAD>§ 905.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits, except as specified below.
</P>
<P>(b) Any revision to the approved mining or reclamation plan will be subject to review and approval by the WFO. A significant revision to the reclamation plan will be subject to the public notice and hearing provisions of §§ 905.773(d)(3) and 773.6 (b) and (c) prior to approval and implementation. A revision to the reclamation plan will be considered significant if it has the potential to adversely affect the achievement of reclamation as specified in the approved plan.
</P>
<P>(c) The regulatory authority will approve or disapprove non-significant permit revisions within 30 days of receipt of the administratively complete revision. Significant revisions and renewals will be approved or disapproved under the provisions of § 905.773(f).
</P>
<P>(d) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within 30 days of the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter, or receipt of an administratively complete application, whichever is later.
</P>
<P>(e) Within 30 days from the last publication of the newspaper notice, written comments or objections on an application for significant revision, or renewal of a permit under § 774.15 of this chapter may be submitted to the regulatory authority by any person having an interest that is or may be adversely affected by the decision on the application, or by public entities notified under § 773.6(a)(3) of this chapter with respect to the effects of the proposed mining operations on the environment within their areas of responsibility.
</P>
<CITA TYPE="N">[60 FR 18716, Apr. 12, 1995, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 905.775" NODE="30:3.0.1.18.85.0.1.11" TYPE="SECTION">
<HEAD>§ 905.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits.


</P>
</DIV8>


<DIV8 N="§ 905.777" NODE="30:3.0.1.18.85.0.1.12" TYPE="SECTION">
<HEAD>§ 905.777   General content requirements for permit applications.</HEAD>
<P>(a) Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who makes application for a permit to conduct surface coal mining and reclamation operations. 
</P>
<P>(b) Any person who wishes to conduct new surface coal mining and reclamation operations shall file a complete application as early as possible prior to the date permit issuance is desired and shall pay to the Secretary a permit fee in accordance with 30 CFR 777.17. 
</P>
<P>(c) Any person who wishes to revise a permit shall submit a complete application as early as possible prior to the date approval of the permit revision is desired and to pay a permit fee in accordance with 30 CFR 777.17. 


</P>
</DIV8>


<DIV8 N="§ 905.778" NODE="30:3.0.1.18.85.0.1.13" TYPE="SECTION">
<HEAD>§ 905.778   Permit application—Minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information,</I> shall apply to any person who makes application for a permit to conduct surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 905.779" NODE="30:3.0.1.18.85.0.1.14" TYPE="SECTION">
<HEAD>§ 905.779   Surface mining permit applications—Minimum requirements for information on environmental resources.</HEAD>
<P>(a) Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations. 
</P>
<P>(b) In addition to the requirements of part 779, the permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. 


</P>
</DIV8>


<DIV8 N="§ 905.780" NODE="30:3.0.1.18.85.0.1.15" TYPE="SECTION">
<HEAD>§ 905.780   Surface mining permit applications—Minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 905.783" NODE="30:3.0.1.18.85.0.1.16" TYPE="SECTION">
<HEAD>§ 905.783   Underground mining permit applications—Minimum requirements for information on environmental resources.</HEAD>
<P>(a) Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct underground coal mining operations. 
</P>
<P>(b) In addition to the requirements of part 783, the permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the area affected by surface operations and facilities and within any proposed reference area.


</P>
</DIV8>


<DIV8 N="§ 905.784" NODE="30:3.0.1.18.85.0.1.17" TYPE="SECTION">
<HEAD>§ 905.784   Underground mining permit applications—Minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application for a permit to conduct underground coal mining operations. 


</P>
</DIV8>


<DIV8 N="§ 905.785" NODE="30:3.0.1.18.85.0.1.18" TYPE="SECTION">
<HEAD>§ 905.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to any person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein. 


</P>
</DIV8>


<DIV8 N="§ 905.795" NODE="30:3.0.1.18.85.0.1.19" TYPE="SECTION">
<HEAD>§ 905.795   Small operator assistance program.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance Program,</I> shall apply to any person making application for assistance under the small operator assistance program. 


</P>
</DIV8>


<DIV8 N="§ 905.800" NODE="30:3.0.1.18.85.0.1.20" TYPE="SECTION">
<HEAD>§ 905.800   Bond and insurance requirements for surface coal mining and reclamation operations under regulatory programs.</HEAD>
<P>(a) Part 800 of this chapter, <I>Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations, except for § 800.40(a)(1) regarding the bond release application, for which paragraph (b) of this section substitutes and except as provided in paragraphs (c) and (d) of this section. 
</P>
<P>(b) The permittee may file an application with the regulatory authority for the release of all or part of a performance bond. The application shall be filed no later than 30 days prior to the end of the vegetation growing season in order to evaluate properly the completed reclamation operations. The appropriate season for evaluating reclaimed operations shall be identified in the mining and reclamation plan required by subchapter G of this chapter approved by the regulatory authority. 
</P>
<P>(c) The following bonds are acceptable for compliance with the California Federal Program. 
</P>
<P>(1) A surety bond; 
</P>
<P>(2) A collateral bond; 
</P>
<P>(3) A self-bond; or 
</P>
<P>(4) A combination of these bonding methods. 
</P>
<P>(d) A permittee may replace existing bonds with other bonds that provide equivalent coverage. 


</P>
</DIV8>


<DIV8 N="§ 905.815" NODE="30:3.0.1.18.85.0.1.21" TYPE="SECTION">
<HEAD>§ 905.815   Performance standards—Coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person who conducts coal exploration. 


</P>
</DIV8>


<DIV8 N="§ 905.816" NODE="30:3.0.1.18.85.0.1.22" TYPE="SECTION">
<HEAD>§ 905.816   Performance standards—Surface mining activities.</HEAD>
<P>(a) Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface mining activities, except for § 816.116(a)(1) regarding revegetation success standards, for which paragraph (c) of this section substitutes. 
</P>
<P>(b) All operators shall comply with the Porter-Cologne Water Quality Control Act, Cal. Pub. Res. Code section 13000 <I>et seq.;</I> the California Water Code section 1200 <I>et seq.;</I> the California Air Pollution Control Laws, Cal. Health &amp; Safety Code section 39000 <I>et seq.;</I> the Hazardous Waste Control Law, Cal. Health &amp; Safety Code section 25100 <I>et seq.;</I> the State Underground Storage of Hazardous Substances Law, Cal. Health &amp; Safety Code section 25280 <I>et seq.;</I> the Solid Waste Management and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 <I>et seq.;</I> the California Environmental Quality Act, Cal. Pub. Res. Code section 21000; the California Coastal Act of 1976, Cal. Pub. Res. Code section 30000 <I>et seq.;</I> the Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res. Code section 4511 <I>et seq.;</I> the California Public Resources Code section 4656; and regulations promulgated pursuant to these laws.
</P>
<P>(c) Standards for success shall be those identified in § 816.116(a)(2) of this chapter. Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan, and approved by the regulatory authority.


</P>
</DIV8>


<DIV8 N="§ 905.817" NODE="30:3.0.1.18.85.0.1.23" TYPE="SECTION">
<HEAD>§ 905.817   Performance standards—Underground mining activities.</HEAD>
<P>(a) Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground mining activities, except for § 817.116(a)(1) regarding revegetation success standards, for which paragraph (c) of this section substitutes.
</P>
<P>(b) All operators shall comply with the Porter-Cologne Water Quality Control Act, Cal. Pub. Res. Code section 13000 <I>et seq.;</I> the California Water Code section 1200 <I>et seq.;</I> the California Air Pollution Control Laws, Cal. Health &amp; Safety Code section 39000 <I>et seq.;</I> the Hazardous Waste Control Law, Cal. Health &amp; Safety Code section 25100 <I>et seq.;</I> the State Underground Storage of Hazardous Substances Law, Cal. Health &amp; Safety Code section 25280 <I>et seq.;</I> the Solid Waste Management and Resource Recovery Act of 1972, Cal. Gov. Code section 66770 <I>et seq.;</I> the California Environmental Quality Act, Cal. Pub. Res. Code section 21000; the California Coastal Act of 1976, Cal. Pub. Res. Code section 30000 <I>et seq.;</I> the Z'berg-Nejedly Forest Practice Act of 1973, Cal. Pub. Res. Code section 4511 <I>et seq.;</I> the California Public Resources Code section 4656; and regulations promulgated pursuant to these laws.
</P>
<P>(c) Standards for success shall be those identified in § 817.116(a)(2) of this chapter. Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan, and approved by the regulatory authority.


</P>
</DIV8>


<DIV8 N="§ 905.819" NODE="30:3.0.1.18.85.0.1.24" TYPE="SECTION">
<HEAD>§ 905.819   Special performance standards—Auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining.


</P>
</DIV8>


<DIV8 N="§ 905.822" NODE="30:3.0.1.18.85.0.1.25" TYPE="SECTION">
<HEAD>§ 905.822   Special performance standards—Operations in alluvial valley floors.</HEAD>
<P>Part 822 of this chapter, Special Permanent Program Performance Standards—Operations in Alluvial Valley Floors, shall apply to any person who conducts surface coal mining and reclamation operations on alluvial valley floors.


</P>
</DIV8>


<DIV8 N="§ 905.823" NODE="30:3.0.1.18.85.0.1.26" TYPE="SECTION">
<HEAD>§ 905.823   Special performance standards—Operations on prime farmland.</HEAD>
<P>Part 832 of this chapter, Special Permanent Program Performance Standards—Operations on Prime Farmland, shall apply to any person who conducts surface coal mining and reclamation operations on prime farmland.


</P>
</DIV8>


<DIV8 N="§ 905.824" NODE="30:3.0.1.18.85.0.1.27" TYPE="SECTION">
<HEAD>§ 905.824   Special performance standards—Mountaintop removal.</HEAD>
<P>Part 824 of this chapter, Special Permanent Program Performance Standards—Mountaintop Removal, shall apply to any person who conducts surface coal mining and reclamation operations constituting mountaintop removal mining. 


</P>
</DIV8>


<DIV8 N="§ 905.827" NODE="30:3.0.1.18.85.0.1.28" TYPE="SECTION">
<HEAD>§ 905.827   Special performance standards—Coal preparation plants not located within the permit area of a mine.</HEAD>
<P>Part 827 of this chapter, Permanent Program Performance Standards—Coal Preparation Plants Not Located Within the Permit Area of a Mine, shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of a coal preparation plant not located within the permit area of a mine. 


</P>
</DIV8>


<DIV8 N="§ 905.828" NODE="30:3.0.1.18.85.0.1.29" TYPE="SECTION">
<HEAD>§ 905.828   Special performance standards—In situ processing.</HEAD>
<P>Part 828 of this chapter, Special Permanent Program Performance Standards—In Situ Processing, shall apply to any person who conducts surface coal mining and reclamation operations which include the in situ processing of coal. 


</P>
</DIV8>


<DIV8 N="§ 905.842" NODE="30:3.0.1.18.85.0.1.30" TYPE="SECTION">
<HEAD>§ 905.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, Federal Inspections, shall apply to all coal exploration and surface coal mining and reclamation operations. 
</P>
<P>(b) In addition to the requirements of part 842, copies of inspection reports will be furnished, upon request, to the California Division of Mining and Geology. 


</P>
</DIV8>


<DIV8 N="§ 905.843" NODE="30:3.0.1.18.85.0.1.31" TYPE="SECTION">
<HEAD>§ 905.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, Federal Enforcement, shall apply regarding enforcement action on coal exploration and surface coal mining and reclamation operations. 
</P>
<P>(b) In addition to the requirements of part 843, copies of enforcement actions and orders to show cause will be furnished, upon request, to the California Division of Mining and Geology. 


</P>
</DIV8>


<DIV8 N="§ 905.845" NODE="30:3.0.1.18.85.0.1.32" TYPE="SECTION">
<HEAD>§ 905.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for violations on coal exploration and surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 905.846" NODE="30:3.0.1.18.85.0.1.33" TYPE="SECTION">
<HEAD>§ 905.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, Individual Civil Penalties, shall apply to the assessment of individual civil penalties under section 518(f) of SMCRA. 


</P>
</DIV8>


<DIV8 N="§ 905.955" NODE="30:3.0.1.18.85.0.1.34" TYPE="SECTION">
<HEAD>§ 905.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the training, examination and certification of blasters for surface coal mining operations. 


</P>
</DIV8>

</DIV5>


<DIV5 N="906" NODE="30:3.0.1.18.86" TYPE="PART">
<HEAD>PART 906—COLORADO
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 906.1" NODE="30:3.0.1.18.86.0.1.1" TYPE="SECTION">
<HEAD>§ 906.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Colorado that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[45 FR 82211, Dec. 15, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 906.10" NODE="30:3.0.1.18.86.0.1.2" TYPE="SECTION">
<HEAD>§ 906.10   State regulatory program approval.</HEAD>
<P>The Colorado State program as submitted on February 29, 1980, and amended and clarified on June 11, 1980, was conditionally approved, effective December 15, 1980. Beginning on that date, the Colorado Department of Natural Resources was deemed the regulatory authority in Colorado for surface coal mining and reclamation operations and for coal exploration operations on non-Federal and non-Indian lands. Copies of the approved program are available for review at:
</P>
<P>(a) Colorado Department of Natural Resources, Division of Minerals and Geology, Centennial Building, room 215, 1313 Sherman Street, Denver, CO 80203.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Western Regional Coordinating Center, Technical Library, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
</P>
<CITA TYPE="N">[47 FR 56350, Dec. 16, 1982, as amended at 59 FR 17932, Apr. 15, 1994; 60 FR 54593, Oct. 25, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 906.15" NODE="30:3.0.1.18.86.0.1.3" TYPE="SECTION">
<HEAD>§ 906.15   Approval of Colorado regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 11, 1982, February 25, 1982</TD><TD align="left" class="gpotbl_cell">December 16, 1982</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.03.3(2), 1.03.4(2)(a); 2.02.2(3); 2.03.4(3); 2.05.3(6), .4(2)(c), .6, .6(3)(a), (c), .6(4), .6(6)(f); 2.06.12, .5(1), .6(2)(j), .8(3)(b), .8(5); 2.08.4(1)(f), .4(5)(b), (c); 3.02.1(5)(b); 3.05.1(1)(a), .1(7); 4.05.2(2), .3(5), (6), .4, .6(3)(c), .6(9); 4.06.5; 4.15.7(2)(d), .8(7), (8); 4.16.2(1); 4.21.2(1), (2); 5.03.6.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 11, 1982, February 25, 1982, May 26, 1983, August 2, 1983</TD><TD align="left" class="gpotbl_cell">May 1, 1984</TD><TD align="left" class="gpotbl_cell">CRS 34-33-108, 2 CCR 407-2, 1.13, 2.07.6(3), 4.05.2(7).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 28, 1985</TD><TD align="left" class="gpotbl_cell">November 15, 1985</TD><TD align="left" class="gpotbl_cell">CCR 407-2, 5.03.2(1), 5.04.5(2)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 28, 1984, March 12, 1985</TD><TD align="left" class="gpotbl_cell">February 5, 1986</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.04(95), (111); 1.14; 1.15; 2.02.1, .2(2), .(g), .3(1)(c), (e); 2.03.5(3), .9(1); 2.04.4, .8(1), .9(1), .10(4), .12(1), (2), (4), 2.05.3(4)(a), .5(1)(a); 2.07.5(1)(b); 2.10.1(1), (2), (3), .2(4), .3(1); 4.03; 4.06.1(2), .2(1), (2)(a), (4)(a), .4(1); 4.07.1(2), .3(1), (2); 4.08.3(2)(b), .4(1)(b), .4(10), .6(2); 4.15.1(2)(a), (d), .1(4), .2, .4, .5, .6(3), .8(2), (3), (4), (7), (8), .9; 4.16.2, .3; 4.18(3), (4); 4.21.1, .4(1); 4.30.1(2); 5.02.2, 5.03.2(2), 5.04.6(4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 23, 1986</TD><TD align="left" class="gpotbl_cell">May 30, 1986</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 5.03.3(2)(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 27, 1986, May 13, 1986</TD><TD align="left" class="gpotbl_cell">July 1, 1986</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.04; 6.01-4; blaster training program; blaster certification examination.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 18, 1986</TD><TD align="left" class="gpotbl_cell">February 5, 1987</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 2.02.2(2)(g); 2.04.12(1); 2.10.1(1); 4.06.1(2), .2(2)(a), .2(4)(a); 4.21.4(1); The Handbook Memorandum, “Alternative to Topsoil Stockpiles,” which interprets 4.06.1(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 25, 1986</TD><TD align="left" class="gpotbl_cell">May 7, 1987</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 4.15.7(2)(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 26, 1987</TD><TD align="left" class="gpotbl_cell">March 31, 1989</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.04(25), (57), (59), (71), (116), (120), (153); 1.05.1; 2.03.7(3); 2.04.9(1), .12; 2.05.4(2), .6(6)(f); 2.06.2(4), (5), (8), (9), (10), .6(1), (2); 2.07.6(2)(d), (e); 3.02.1(4), (5), (6), .2(4), .4(1), (2); 3.03.1(2), .2(5), (6); 3.04.2(5), (6); 4.06.2(2), (4), (5), (6); 4.15.1(1), .2, .7(2), (3), .8(2), (3), (4), (7), (9); 4.18; 4.20.1(3), .4(1), (3); 4.25.5(2), (3); 5.02.4(1); 5.03.3(5); 5.04.3(2), (3); 7.03(3)(f); 7.04(5); 7.06.2(1), (2), .3(1), (2), .5(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 14, 1988</TD><TD align="left" class="gpotbl_cell">June 6, 1989</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 2.05.6(4)(b), 2.07.6(2)(e), 2.10.3(1)(g).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 23, 1988</TD><TD align="left" class="gpotbl_cell">December 11, 1989</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.04; 2.02.3, .5; 2.03, .3, .5; 2.04.4, .6, .7, .13; 2.05.3, .4, .6; 2.06.3, .7, .8; 2.07.3, .4, .5; 2.08.4, .5, .6; 2.09.2, .3, .5, .6, .8; 2.10.3; 3.02.4; 3.03.2; 4.05.1 through .6, .8, .9, .13, .16; 4.07.2; 4.08.1, .2, .4, .5, .6; 4.09, .1 through .4; 4.10, .1 through .4; 4.11, .1 through .5; 4.14.1, .2, .6; 4.17; 4.21.4; 4.24.2 through .5; 5.04.3; 7.08.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 18, 1989</TD><TD align="left" class="gpotbl_cell">January 14, 1991</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.01(9); 1.04(64), (70a), (83a), (115), (153); 1.10.2(2), .4(1); 2.02.3(1)(c), .7(2)(a); 2.03.4, .5(3), (4); 2.04.7(1)(a); 2.05.3(4)(a), (b), .6(2)(c); 2.06.8(3)(c); 2.07.6(1)(b),(d), (2)(h), (10)(c), .7(4), (5); 4.05.3(1), (7), (8), (9), .4(1), (2)(b), .6(3)(c), (d), (e), (4), (5), (6), (11), (11i), (11j), (11k), (12), (13), (13b), .8(1), (2), .9(1)(a), (e), (f), (3), (3a), (3b), (4), (5), (12), (13), (13c); 4.08.1(3), .4(6)(c), .5(4)(c), (11); 4.09.1(10), .2(2)(a), (3); 4.11.5(3)(b), (d); 4.21.4(7), (7)(c); 4.23.2(7); 4.25.1(2); 5.02.2(4)(b); 5.03.2(1)(d), .5(1)(d), (4)(e); 5.04.7(2), (3), (4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 11, 1991</TD><TD align="left" class="gpotbl_cell">July 22, 1991</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 3.03.3; 4.05.3(1)(c), (d), (e), .8(1); 4.14.1(1)(e); 5.02.2(8), (9); 5.04.(7)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 19, 1993</TD><TD align="left" class="gpotbl_cell">January 19, 1994</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.04(103a); 4.14.1(2)(a), (f), (g), (h), .2(1), (1a), (1b); 4.27.4, (1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 30, 1993</TD><TD align="left" class="gpotbl_cell">June 1, 1994</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.04(111) through (111c); 2.05.3(3)(a), (c), (9)(a), (10)(a) through (e), .4(2); 4.03.1(1)(a), (b), (d), (e), (2)(b), (3)(c), (e), (6)(c), (7)(a), (b), .2(1)(a), (b), (e), (f), (2)(b), (3)(c), (e), (6)(a), (c), (7)(a), (b), .3(1)(a), (b), (2)(b), (3)(c), (6)(c), (7)(i); 4.08.4(10) through (b), .6(1); 4.09.3(2)(c); 4.11.4(3); 4.14.2(2), (c); 4.21.4(3)(b), (c), (d); 4.26.2(2), (b), (c); Policy statements in the 11/03/93 revised amendment, “Statement of Basis, Specific Statutory Authority and Purpose”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 18, 1994</TD><TD align="left" class="gpotbl_cell">December 6, 1994</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, 1.04(25), (116); 3.02.1(4), (7), .2(4)(b), (d), .4(1)(b), (c), (2)(b) through (e); 3.03.1(2), (3)(b), (d), (e), .2(1)(b), (2), (4)(c), (5)(a), (b); 3.06; 4.15.10(2), (3); 4.25.5(3)(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1994</TD><TD align="left" class="gpotbl_cell">May 15, 1995</TD><TD align="left" class="gpotbl_cell">Memorandum of Understanding (MOU).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 12, 1995</TD><TD align="left" class="gpotbl_cell">December 14, 1995</TD><TD align="left" class="gpotbl_cell">2 CCR 1.04(21), (80), (92), (111), (132), .05.1(1)(b); 2.03.3(4), .7(1), .05.3(3)(c)(iv), (8)(c), .6(2)(iii)(A), .06.6(2), .8(5), (c)(i)(A), (B), .07.2; 3.02.2(5), .3(c), .4(1)(b)(2), (c)(ix), (1)(d), (i); 3.03.1(2)(b); 4.08.6(1), .15.10(3), .20.3(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 20, 1995</TD><TD align="left" class="gpotbl_cell">February 21, 1996</TD><TD align="left" class="gpotbl_cell">2CCR 5.03.6, (4)(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 25, 1997</TD><TD align="left" class="gpotbl_cell">May 30, 1997</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, Rules 1.01(9); 1.04 (4), (12), (21), (41), (149); 1.13; 2.05.3 (3) (b)(i)(D), (3)(c)(ii); 2.06.2(4); 2.06.6(2)(a)(i); 2.08.5(2)(b)(ii); 2.08.6(6); 3.02.4(2)(d)(i); 3.05.5(1); 4.02.2(2); 4.03.1(1)(e); 4.05.6 (6)(a), (11)(h); 4.07.3(3) (f), (g); 4.30 .1(3), .2(3); 5.02.41 (1), (2); 5.03.3(5).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 12, 2000</TD><TD align="left" class="gpotbl_cell">November 24, 2000</TD><TD align="left" class="gpotbl_cell">Rules 1.04 (31a), (71), (81a), (86a), (93a), (115) and (137a); 2.05.3(4), (4)(a)(iii), (iv), (v) and (vii), and (4)(b); 2.05.3(8)(a)(iii), (iv), (v) and (vi); 2.07.3(3)(b) and (c); 2.07.6(2)(c) and (3)(b)(iv); 4.05.2(1), (2), (3)(a), (4), (5) and (6); 4.05.6; 4.05.7; 4.05.9; 4.05.13(1)(a) through (c); 4.05.18(1)(a) through (c); 4.21.4(10) and 4.28.3(16).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 27, 2003</TD><TD align="left" class="gpotbl_cell">March 24, 2005</TD><TD align="left" class="gpotbl_cell">1.04(71)(f)&amp;(g), 2.04.13(1)(e), 2.06.6(2)(a),(g), 2.06.8(4)(a)(i), 2.06.8(5)(b)(i), 2.07.6(1)(a)(ii), 2.07.6(2)(n), 2.08.4(6)(c)(iii), 3.03.2(1)(e), 3.03.2(5)(a), 4.03.1(4)(e), 4.05.2, 4.06.1(2), 4.15.1(5), 4.15.4(5), 4.15.7(1), 4.15.7(2), 4.15.7(3)(b), 4.15.7(3)(f), 4.15.7(4), 4.15.7(5), 4.15.7(5)(a), 4.15.7(5)(b), 4.15.7(5)(c), 4.15.7(5)(d), 4.15.7(5)(e), 4.15.7(5)(f), 4.15.7(5)(g), 4.15.8(3)(a), 4.15.8(4), 4.15.8(7), 4.15.8(8), 4.15.9, 4.15.11, 4.15.11(1)(a), 4.15.11(1)(b), 4.15.11(1)(c), 4.15.11(2), 4.15.11(3), 4.25.2(4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 8, 2011</TD><TD align="left" class="gpotbl_cell">September 3, 2019</TD><TD align="left" class="gpotbl_cell">2 CCR 407-2, Rules 1.04 (11.1), (20.1), (30.1), (39.1), (70.1), (71)(c), (71)(k), (71.2), (77), (79), (81), (83.1), (110.1), (110.1)(a), (110.1)(b), (111)(d), (118.1), (118.1)(a) through (d), (132)(c), (141), (146), (149), (149)(a)(i), (149)(a)(ii)(A), (149)(a)(ii)(B), (149)(a)(ii)(B)(I) through (149)(a)(ii)(B)(IV), (149)(b), (149)(b)(i) through (b)(iii), (149.1), (149.1)(a), (149.1)(b)(i) through (b)(v)(C), (149.2), (149.2)(a) and (b);
<br/>Rules 1.07(1), (1)(a), (1)(a)(i) through (a)(ix), (1)(b), (1)(b)(i) through (iii); (1)(c), (1)(d), (d)(i) through (iii), (2), (2)(a) through (2)(d), (3), (3)(a), (3)(a)(i) through (3)(a)(iii)(A), (3)(a)(iii)(B) through (a)(iii)(D), (3)(a)(iv) through (3)(a)(vii), (3)(b), (3)(b)(i) and (ii), (3)(c), (4), (4)(a) through (4)(c), (4)(c)(i), (4)(c)(ii), (4)(d), (4)(e), (e)(i), (e)(ii), (5), and (6);
<br/>Rule 2.01.3;
<br/>Rules 2.02.2(1), .3, and .3(1)(g);
<br/>Rules 2.02.4, .4(3)(d), and .5;
<br/>Rules 2.03.3(10), .4, .4(2) through (2)(d), .4(3), .4(3)(a), (3)(a)(i), (3)(a)(ii), (3)(a)(iii), (3)(a)(iv), (3)(b), .4(4), .4(4)(a) through (c), .4(6)(b), and .4(8), .4(10), .4(11), (11)(a), (11)(b), .4(12)(a), (b)(i), (b)(ii), .5(1)(a), (1)(a)(i), (1)(a)(ii), .5(2)(a) through (2)(d), .5(3)(a), (3)(a)(i) through (3)(a)(iii), .5(3)(b), and (3)(c), and .7(2);
<br/>Rules 2.04.5(1)(a), (1)(b), .12(2)(g); .13(1) and .13(3);
<br/>Rule 2.05.4(2)(c);
<br/>Rules 2.05.6(6)(a), (6)(a)(i), (6)(a)(ii), (6)(a)(ii)(A), (6)(a)(ii)(B), (6)(a)(iii), (6)(a)(iv), (6)(b), (6)(b)(i), (6)(b)(i)(A), (6)(b)(i)(C), (6)(b)(ii), (6)(b)(iii), (6)(b)(iii)(A), (6)(b)(iii)(B), (6)(c)(i)(E), (F), and (G), (6)(c)(ii), (6)(d)(i) and (ii), (6)(e)(i)(F) and (F)(III), (6)(e)(ii) and (ii)(A) through (C), (6)(e)(iii), (6)(e)(iv), (6)(f)(iii), (6)(f)(iii)(A), (C), and (C)(V), (6)(f)(iv), (6)(f)(iv)(A), (D), and (E), (6)(f)(v) and (v)(A), and (6)(f)(vi);
<br/>Rules 2.06.6(2)(a)(i), (3), (4), and (4)(b);
<br/>Rules 2.07.1(4), .1(5), .3(2), .3(3), .4(2)(e) through (e)(ii), .4(2)(f), .4(3)(d)(iv), .4(3)(f), .6(1)(b) through (b)(ii), .6(1)(c) through (f), .6(1)(g)(i), (g)(i)(A), (g)(i)(B), (g)(ii), (g)(ii)(A), (g)(ii)(B), (g)(ii)(C), (g)(ii)(C)(I), (g)(ii)(C)(II), (g)(ii)(D), (g)(iii), (g)(iii)(A), (g)(iii)(C), and (g)(iii)(D), .6(2)(d)(iii)(A), .6(2)(d)(iii)(D)(II) and (III), .6(2)(d)(v) and (vi), .6(2)(e), (e)(i), (e)(ii), (e)(iii), .6(2)(g), .6(2)(p) and (q), .8(1) and (1)(a), .8(1)(b) through (e), .8(2)(a) through (g), .8(3)(a) through (d), .9, .9(1)(a) through (d), .9(2), .9(3), .9(3)(a), .9(3)(b), .9(4), .9(5)(a) and (b), .9(6) .9(7), .9(8), .10, .10(1), and .10(2);
<br/>Rules 2.08.4(6)(b)(i) and .5(1)(b);
<br/>Rules 2.11, 2.11.1(1), .1(1) through (3), .2, .2(1), .2(1)(a), .2(1)(b), .2(2) through (5), .3, .3(1)(a), .3(1)(b), .3(2), .3(3)(a) through (c), .3(3)(d) through (d)(iii), and .4(1) through (6);
<br/>Rule 3.03.2(1);
<br/>Rules 4.03.1, .2, and .3;
<br/>Rules 4.05.15(1) and (2);
<br/>Rules 4.06.4(2)(a) and (3);
<br/>Rules 4.07.3, .3(1), .3(1)(a), .3(1)(b), .3(1)(b)(i), .3(1)(b)(ii), .3(1)(b)(ii)(A), and .3(1)(b)(ii)(B);
<br/>Rules 4.08.4(4) and (8);
<br/>Rules 4.14.2(5), .4(1), .4(1)(a), .4(1)(b), 4.14.5(1), .5(1)(a), and .5(1)(b);
<br/>Rules 4.15.1(2)(b), .7(2)(d), .7(2)(d)(ii), .7(5), .7(5)(e) and (g), .8(1) through (9), .9, .11(1), .11(2)(c) and (d), .11(3)(b)(ii) and .11(3)(c);
<br/>Rule 4.16.3(6);
<br/>Rules 4.20.3(1) through (4), .4(1) through (5);
<br/>Rule 4.25.5(3)(d);

<br/>Rules 5.03.2(4)(b)(ii) and .2(5)(e);
<br/>Rules 5.05, 5.05.1, .2, .3, .4, .4(1), .4(2), .4(2)(a), .4(2)(b), .5, and .5(1) through (4);
<br/>Rules 5.06 and 5.06.1, .2, .2(1) through (3), .3, .3(1), .3(2), .3(2)(a) and (b), .3(3), .4, and .4(2) through (4);
<br/>Rules 6.01.1 and .3(3);
<br/>Rules 7.06.2(1) and .3(1);
<br/>Also all minor, editorial, and codification changes.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9936, Mar. 5, 1997, as amended at 62 FR 33747, June 23, 1997; 65 FR 70486, Nov. 24, 2000; 70 FR 14999, Mar. 24, 2005; 84 FR 46208, Sept. 3, 2019]



</CITA>
</DIV8>


<DIV8 N="§ 906.16" NODE="30:3.0.1.18.86.0.1.4" TYPE="SECTION">
<HEAD>§ 906.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17(f)(1), Colorado is required to submit to OSM by the specified date the following written, proposed program amendment, or a description of an amendment to be proposed that meets the requirements of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is consistent with Colorado's established administrative or legislative procedures.
</P>
<P>(a)-(h) [Reserved] 
</P>
<CITA TYPE="N">[56 FR 1372, Jan. 14, 1991, as amended at 56 FR 33384, July 22, 1991; 59 FR 28260, June 1, 1994; 59 FR 62583, Dec. 6, 1994; 60 FR 64122, Dec. 14, 1995; 61 FR 26801, May 29, 1996; 65 FR 70487, Nov. 24, 2000; 84 FR 46209, Sept. 3, 2019]


</CITA>
</DIV8>


<DIV8 N="§ 906.20" NODE="30:3.0.1.18.86.0.1.5" TYPE="SECTION">
<HEAD>§ 906.20   Approval of Colorado abandoned mine land reclamation plan.</HEAD>
<P>The Colorado Abandoned Mine Land Reclamation Plan, as submitted on February 16, 1982, and as subsequently revised, is approved effective June 11, 1982. Copies of the approved plan are available at:
</P>
<P>(a) Colorado Department of Natural Resources, Division of Minerals and Geology, 1313 Sherman Street, Room 215, Denver, CO 80203.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Western Regional Coordinating Center, Technical Library, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
</P>
<CITA TYPE="N">[60 FR 54593, Oct. 25, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 906.25" NODE="30:3.0.1.18.86.0.1.6" TYPE="SECTION">
<HEAD>§ 906.25   Approval of Colorado abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 29, 1985</TD><TD align="left" class="gpotbl_cell">January 9, 1986</TD><TD align="left" class="gpotbl_cell">Reclamation of noncoal sites.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 29, 1996 and June 15, 2005</TD><TD align="left" class="gpotbl_cell">September 18, 2006</TD><TD align="left" class="gpotbl_cell">Colorado Inactive Mine Reclamation Plan, Chapter VI.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9937, Mar. 5, 1997, as amended at 71 FR 54585, Sept. 18, 2006]



</CITA>
</DIV8>


<DIV8 N="§ 906.30" NODE="30:3.0.1.18.86.0.1.7" TYPE="SECTION">
<HEAD>§ 906.30   State-Federal cooperative agreement.</HEAD>
<P>The Governor of the State of Colorado, acting through the Mined Land Reclamation Division (MLRD), and the Secretary of the Department of the Interior, acting through the Assistant Secretary for Energy and Minerals, and the Office of Surface Mining (OSM), enter into a Cooperative Agreement (Agreement) to read as follows.
</P>
<EXTRACT>
<HD1>Article I: Introduction and Purpose
</HD1>
<P>1. This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement for the regulation and control of surface coal mining operations on Federal lands. 
</P>
<P>This Agreement provides for State regulation, consistent with the Act, the Federal lands program (30 CFR part 745) and the Colorado State Program (Program) for surface coal mining and reclamation operations, on Federal lands. 
</P>
<P>2. The purpose of this Agreement is to (a) foster Federal-State cooperation in the regulation of surface coal mining; (b) eliminate intergovernmental overlap and duplication; and (c) provide uniform and effective application of the Program on all non-Indian lands in Colorado, in accordance with the Act and the Program. 
</P>
<HD1>Article II: Effective Date 
</HD1>
<P>3. After being signed by the Secretary and the Governor, the Agreement shall be effective upon publication in the <E T="04">Federal Register</E> as a final rule. 
</P>
<P>This Agreement shall remain in effect until terminated as provided in Article XI.
</P>
<HD1>Article III: Scope 
</HD1>
<P>4. Under this Agreement, the laws, regulations, terms, and conditions of the Program conditionally approved effective December 15, 1980, 30 CFR part 906, or as hereinafter amended in accordance with 30 CFR 732.17, for the administration of the Act, are applicable to Federal lands within the State except as otherwise stated in this Agreement, the Act, 30 CFR 745.13, or other applicable laws. 
</P>
<P>Orders and decisions issued by MLRD in accordance with the State Program that are appealable, shall be appealed to the State reviewing authority. Orders and decisions issued by the Department that are appealable, shall be appealed to the Department of the Interior's Office of Hearings and Appeals. 
</P>
<HD1>Article IV: Requirements for Agreement 
</HD1>
<P>5. The Governor and the Secretary affirm that they will comply with all of the provisions of this Agreement and will continue to meet all the conditions and requirements specified in this Article. 
</P>
<P>A. <I>Responsible Administrative Agency:</I> The MLRD shall be responsible for administering this Agreement on behalf of the Governor on Federal lands throughout the State. The Assistant Secretary for Energy and Minerals, or designee, shall administer this Agreement on behalf of the Secretary in accordance with the regulations in 30 CFR Chapter VII. 
</P>
<P>B. <I>Authority of State Agency:</I> The MLRD has and shall continue to have the authority under State law to carry out this Agreement. 
</P>
<P>C. <I>Funds:</I> Upon application by the MLRD and subject to appropriations, the Department shall provide the State with the funds to defray the costs associated with carrying out responsibilities under this Agreement as provided in section 705(c) of the Act and 30 CFR 735.16. If sufficient funds have not been appropriated to OSM, OSM and MLRD shall promptly meet to decide on appropriate measures that will insure that mining operations are regulated in accordance with the Program. If agreement cannot be reached, then either party may terminate the Agreement. 
</P>
<P>Funds provided to the State shall be adjusted in accordance with Office of Management and Budget Circular A-102, Attachment E.
</P>
<P>D. <I>Reports and Records:</I> The MLRD shall make annual reports to the Director of OSM (Director) containing information with respect to compliance with the terms of this Agreement, pursuant to 30 CFR 745.12(c). The MLRD and the Director shall exchange, upon request, except where prohibited by Federal law, information developed under this Agreement. The Director shall provide the MLRD with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement.
</P>
<P>E. <I>Personnel:</I> The MLRD shall have the necessary personnel to fully implement this Agreement in accordance with the provisions of the Act and the approved Program. If sufficient funds have not been appropriated, OSM and MLRD shall promptly meet to decide on appropriate measures that will insure that mining operations are regulated in accordance with the Program.
</P>
<P>F. <I>Equipment and Laboratories:</I> The MLRD shall assure itself access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses can be performed which are necessary to carry out the requirements of this Agreement.
</P>
<P>G. <I>Permit Application Fees:</I> The amount of the fee accompanying an application for a permit shall be determined in accordance with section 34-33-110(1) Colorado Revised Statutes (CRS 1973), as amended. All permit fees shall be retained by the State and deposited with the State Treasurer in the General Fund. The Financial Status Report submitted pursuant to 30 CFR 735.26 shall include a report of the amount of fees collected during the prior State fiscal year. 
</P>
<HD1>Article V: Definitions
</HD1>
<P>6. Terms and phrases used in this Agreement which are defined in the Act, 30 CFR parts 700, 701 and 740 and as defined in the Program shall be given the meaning set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the approved State Program will apply, except in the case of a term which defines the Secretary's continuing responsibilities under the Act and other laws.
</P>
<HD1>Article VI: Policies and Procedures: Review of a Permit Application To Conduct Surface Coal Mining and Reclamation Operations or an Application for a Permit Revision or Permit Renewal
</HD1>
<P>7. The MLRD and the Director shall require an operator on Federal lands to submit a permit application package or an application for a permit revision or renewal in an appropriate number of copies to the MLRD and OSM. Any documentation or information prepared by the operator for the sole purpose of complying with the 3-year requirement of section 7(c) of the Mineral Leasing Act (MLA) will be submitted directly to the Minerals Management Service (MMS). If such documentation is submitted as part of a permit application, a copy of the entire package will be forwarded to the MMS by OSM.
</P>
<P>The permit application package or application for a permit revision or renewal shall be in the format required by the MLRD and include any supplemental information required by the Department. The permit application package or application for a permit revision or renewal shall satisfy the requirements of 30 CFR 741.12(b) and 30 CFR 741.13, and include the information required by, or necessary for, the MLRD and the Department to make a determination of compliance with:
</P>
<P>(a) Section 34-33-101, <I>et seq.,</I> CRS 1973, as amended;
</P>
<P>(b) Regulations of the Colorado Mined Land Reclamation Board for Coal Mining;
</P>
<P>(c) Applicable terms and conditions of the Federal coal lease;
</P>
<P>(d) Applicable requirements of the MMS's 30 CFR part 211 regulations pertaining to the Mineral Leasing Act requirements unless previously submitted to the MMS; and
</P>
<P>(e) Applicable requirements of the approved Program and other Federal laws including, but not limited to, those identified in 30 CFR Chapter VII, Subchapter D, and appendix A of this Agreement.
</P>
<P>8. The MLRD shall assume primary responsibility pursuant to sections 510(a) and 523(c) of the Act for the analysis, review, and approval of the permit application or application for a permit revision or renewal according to the standards of the approved Program. The Director shall assist the MLRD in the analysis of the permit application or application for a permit revision or renewal and coordinate with the other appropriate Federal agencies as specified by the Secretary according to the procedures set forth in appendix B. The Department shall concurrently carry out its responsibilities which cannot be delegated to the State under the MLA, National Environmental Policy Act (NEPA), and other public laws (including, but not limited to, those in appendix A) according to the procedures set forth in appendix B so as, to the maximum extent possible, not to duplicate the responsibilities of the State as set forth in this Agreement and the Program. The Secretary shall consider the information submitted in the permit application package and, when appropriate, make the decisions required by the Act, MLA, NEPA and other public laws as described above.
</P>
<P>9. As a matter of practice the Department will not independently initiate contacts with the applicant regarding permit application packages or applications for permit revisions or renewals. However, the Department reserves the right to act independently of the MLRD to carry out its statutory responsibilities under the Act, MLA, NEPA and other public laws provided, however, that the Department shall send copies of all relevant correspondence to the MLRD.
</P>
<P>10. The MLRD shall maintain a file of all original correspondence with the applicant and any information received from the applicant which may have a bearing on decisions regarding the permit application or application for a permit revision or renewal.
</P>
<P>11. OSM shall have access to MLRD files for mines on Federal lands. MLRD will provide OSM copies of information OSM deems necessary.
</P>
<P>12. To the fullest extent allowed by State and Federal law, the Director and MLRD shall cooperate so that duplication will be eliminated in conducting the review and analysis of the permit application package or application for a permit revision or renewal.
</P>
<HD1>Article VII: Inspections
</HD1>
<P>13. The MLRD shall conduct inspections on Federal lands and prepare and file inspection reports in accordance with the Program.
</P>
<P>14. The MLRD shall, subsequent to conducting any inspection, and on a timely basis, file with the Director a copy of each inspection report. Such report shall adequately describe (1) the general conditions of the lands under the permit; (2) the manner in which the operations are being conducted; and (3) whether the operator is complying with applicable performance and reclamation requirements.
</P>
<P>15. The MLRD will be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by this Agreement, except as described hereinafter. Nothing in this Agreement shall prevent Federal inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement. The Department may conduct any inspections necessary to comply with 30 CFR parts 842 and 743, as part 743 relates to obligations under laws other than the Act.
</P>
<P>16. OSM shall ordinarily give the MLRD reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to provide State inspectors with an opportunity to join in the inspection. When OSM is responding to a citizen complaint of an imminent danger to the public health and safety or significant, imminent environmental harm to land, air or water resources, pursuant to 30 CFR 842.11(b)(1(ii)(C), it will contact MLRD no less than 24 hours prior to the Federal inspection, if practicable, to facilitate a joint Federal/State inspection. All citizen complaints which do not involve an imminent danger shall be referred to MLRD for action. The Secretary reserves the right to conduct inspections without prior notice to MLRD to carry out his responsibilities under the Federal Act.
</P>
<HD1>Article VIII: Enforcement
</HD1>
<P>17. MLRD shall be the primary enforcement authority under the Act concerning compliance with the requirements of this Agreement and the Program. Enforcement authority given to the Secretary under other laws and orders including, but not limited to, those listed in appendix A is reserved to the Secretary.
</P>
<P>18. During any joint inspection by OSM and MLRD, MLRD shall have primary responsibility for enforcement procedures, including issuance of orders of cessation, notices of violation, and assessment of penalties. The MLRD shall consult OSM prior to issuance of any decision to suspend or revoke a permit.
</P>
<P>19. During any inspection made solely by OSM or any joint inspection where the MLRD and OSM fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action shall be based on the performance standards included in the regulations of the approved Program, and shall be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845.
</P>
<P>20. The MLRD and the Department shall promptly notify each other of all violations of applicable laws, regulations, orders, or approved mining permits subject to this Agreement and of all actions taken with respect to such violations.
</P>
<P>21. Personnel of the State and representatives of the Department shall be mutually available to serve as witnesses in enforcement actions taken by either party.
</P>
<P>22. This Agreement does not limit the Department's authority to enforce violations of Federal law which establish standards and requirements which are authorized by laws other than the Act.
</P>
<HD1>Article IX: Bonds
</HD1>
<P>23. For all surface coal mining operations on Federal lands, the MLRD and the Secretary shall require each operator to submit a single performance bond payable to the State and to the United States, if required by Federal regulations, to cover the operator's responsibilities under the Act and the Program. Such performance bond shall be conditioned upon compliance with all requirements of the Act, the Program and any other requirements imposed by the Department under the MLA, as amended. If the Agreement is terminated, all bonds will revert to being payable only to the United States to the extent that Federal lands are involved. Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 30 CFR subpart3473 or a lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of the Act.
</P>
<P>24. Prior to releasing the operator from an obligation under a performance bond required by the Program, the MLRD shall obtain the concurrence of OSM. the MLRD shall also advise OSM of annual adjustments to the performance bond, pursuant to the Program. Departmental concurrence shall include coordination with other Federal agencies having authority over the lands involved.
</P>
<P>25. The operator's performance bond shall be subject to forfeiture with the consent of OSM, in accordance with the procedures and requirements of the Program.
</P>
<HD1>Article X: Designating Land Areas Unsuitable for All or Certain Types of Surface Coal Mining Operations
</HD1>
<P>26. The MLRD and the Director shall cooperate with each other in the review and processing of petitions to designate lands as unsuitable for surface coal mining operations. When either agency receives a petition that could impact adjacent Federal and non-Federal lands, respectively, the agency receiving the petition shall (1) notify the other of receipt and of the anticipated schedule for reaching a decision; and (2) request and fully consider data, information and views of the other.
</P>
<P>The authority to designate State and private lands as unsuitable for mining is reserved to the State. The authority to designate Federal lands as unsuitable for mining is reserved to the Secretary or his designated representative.
</P>
<HD1>Article XI: Termination of Cooperative Agreement 
</HD1>
<P>27. This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15. 
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement 
</HD1>
<P>28. If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement 
</HD1>
<P>29. This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14. 
</P>
<HD1>Article XIV: Changes in State or Federal Standards 
</HD1>
<P>30. The Department or the State may from time to time promulgate new or revised performance or reclamation requirements or enforcement and administration procedures. Each party shall, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations and request necessary legislative action. Such changes shall be made under the procedures of 30 CFR part 732 for changes to the State Program and under the procedures of section 501 of the Act for changes to the Federal lands program. 
</P>
<P>31. The MLRD and the Department shall provide each other with copies of any changes to their respective laws, rules, regulations and standards pertaining to the enforcement and administration of this Agreement. 
</P>
<HD1>Article XV: Changes in Personnel and Organization 
</HD1>
<P>32. Each party to this Agreement shall notify the other, when necessary, of any changes in personnel, organization and funding or other changes that will affect the implementation of this Agreement to ensure coordination of responsibilities and facilitate cooperation. 
</P>
<HD1>Article XVI: Reservation of Rights 
</HD1>
<P>33. In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under other laws or regulations, including but not limited to those listed in appendix A. 
</P>
<P>Dated: September 27, 1982.
</P>
<FRP>Richard D. Lamm,
</FRP>
<FRP><I>Governor of Colorado.</I>
</FRP>
<P>Dated: September 20, 1982.
</P>
<FRP>Donald Paul Hodel,
</FRP>
<FRP><I>Acting Secretary of the Interior.</I>
</FRP>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations including 30 CFR part 211.
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations including 40 CFR part 1500.
</P>
<P>4. The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations including 50 CFR part 402.
</P>
<P>5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800.
</P>
<P>6. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations.
</P>
<P>7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations.
</P>
<P>8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations.
</P>
<P>9. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I> 
</P>
<P>10. Executive Order 1593 (May 13, 1971), Cultural Resource Inventories on Federal Lands.
</P>
<P>11. Executive Order 11988 (May 24, 1977), for flood plain protection. Executive Order 11990 (May 24, 1977), for wetlands protection.
</P>
<P>12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations.
</P>
<P>13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I> 
</P>
<P>14. The Constitution of the United States.
</P>
<P>15. The Constitution of the State and State Law.
</P>
<HD1>Appendix B—Procedure for Cooperative Review of Permit Application Packages and Applications for Permit Revisions or Renewals for Federal Coal Mines in Colorado
</HD1>
<HD2>I: Point of Contact and Coordination for the Review of Permit Applications and Applications for Permit Revisions or Renewals
</HD2>
<P>A. The Colorado Mined Land Reclamation Division (MLRD) will:
</P>
<P>1. Be the point of contact and coordinate communications with the applicant on issues concerned with the development, review and approval of the permit application package or application for permit revision or renewal.
</P>
<P>2. Communicate with the applicant on issues of concern to the Office of Surface Mining (OSM) and promptly advise OSM of such issues and communications.
</P>
<P>3. Provide OSM with a monthly report on the status of each permit application, or application for permit revision or renewal.
</P>
<P>B. OSM will:
</P>
<P>1. Be responsible for coordinating the review of the permit application package with all Federal agencies which have responsibilities related to approval of the package.
</P>
<P>2. Be responsible for ensuring that any information OSM receives which has a bearing on decisions regarding the permit application package or application for a permit revision or renewal is sent promptly to MLRD.
</P>
<P>C. Minerals Management Service (MMS) will:
</P>
<P>1. Receive any documentation and information required by the 30 CFR part 211 regulations.
</P>
<P>2. Be the point of contact with the applicant on issues concerned exclusively with the 30 CFR part 211 regulations.
</P>
<P>3. Provide MLRD and OSM with copies of pertinent correspondence.
</P>
<HD2>II: Receipt and Distribution of the Permit Application Package and Applications for Permit Revision or Renewal
</HD2>
<P>A. MLRD will:
</P>
<P>1. Receive from the applicant the appropriate number of copies of the permit application package, application for a permit revision or renewal, or the review correspondence from the applicant.
</P>
<P>2. Identify an application manager responsible for coordinating the review and notify OSM.
</P>
<P>3. Upon receipt of an application, MLRD will meet with OSM to discuss the application and agree upon a work plan and schedule.
</P>
<P>B. OSM will:
</P>
<P>1. Receive from the applicant the appropriate number of copies of the permit application package, application for a permit revision or renewal, or the review correspondence from the applicant.
</P>
<P>2. Distribute copies of the permit application package and the identity of the MLRD application manager to other Federal agencies as required.
</P>
<P>C. OSM, MMS and the Federal land management agency (FLMA) will: Each identify an application manager upon receipt of the application package. OSM will notify MLRD and all Federal agencies of the identity of the application managers. 
</P>
<HD2>III: Determination of Completeness
</HD2>
<P>A. MLRD will:
</P>
<P>1. Determine the completeness of a permit application package or application for a permit revision or renewal in accordance with section 34-33-118(1) CRS 1973, as amended and as defined in rule 1.04(30) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining promulgated pursuant to the Colorado Surface Coal Mining Reclamation Act.
</P>
<P>2. Issue public notice of a complete application in accordance with the procedures of section 34-33-118(2) CRS 1973, as amended.
</P>
<HD2>IV: Determination of Preliminary Findings of Substantive Adequacy
</HD2>
<P>A. MLRD will:
</P>
<P>1. Consult with MMS, FLMA, OSM, and other appropriate Federal agencies to review the filed application for preliminary findings of substantive adequacy (henceforth “preliminary findings”) and to assess the need for additional data requirements in their respective areas of responsibility.
</P>
<P>2. Arrange meetings and field examinations with the interested parties, as necessary, to determine the preliminary findings.
</P>
<P>3. Advise the applicant of the preliminary findings upon the advice and consent of FLMA, MMS, OSM and other Federal agencies specified by the Secretary.
</P>
<P>4. Transmit the letter(s) informing the applicant of the preliminary findings with copies to FLMA, MMS, OSM and other Federal agencies specified by the Secretary.
</P>
<P>5. Furnish the Director with copies of correspondence with the applicant and all information received from the applicant as requested.
</P>
<P>B. OSM will:
</P>
<P>1. At the request of MLRD, assist as possible in the review of the permit application package or application for a permit revision or renewal. In any case where assistance has been agreed upon, furnish MLRD with preliminary findings within 45 calendar days of receipt of the request.
</P>
<P>2. Work with other Federal agencies involved in the review to insure timely response and resolution of issues of particular concern regarding their statutory requirements.
</P>
<P>3. Within 30 days from notification of completeness, initiate NEPA compliance procedures and procedures required by other laws which OSM has responsibility for and has not delegated to the State.
</P>
<P>4. Participate, as arranged, in meetings and field examinations.
</P>
<P>C. FLMA will:
</P>
<P>1. Review the permit application package or application for permit revision or renewal for preliminary findings as to whether the applicant's proposed post-mining land use is consistent with FLMA's land use plan, and as to the adequacy of measures to protect Federal resources not covered by the rights granted by the Federal coal lease.
</P>
<P>2. Furnish OSM with preliminary findings and with any specific requirements for additional data, within 45 calendar days of FLMA's receipt of the permit application package or application for a permit revision or renewal. 
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<P>D. MMS will:
</P>
<P>1. Review the permit application package or application for a permit revision or renewal in regard to MLA requirements addressed in such application.
</P>
<P>2. Furnish OSM with preliminary findings and with any specific requirements for additional data within 45 calendar days of MMS's receipt of the permit application package or application for a permit revision or renewal.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<P>E. Other appropriate Federal agencies specified by the Secretary will:
</P>
<P>1. Review the permit application package or application for a permit revision or renewal for preliminary findings in regard to their responsibilities under law.
</P>
<P>2. Furnish OSM with preliminary findings within 45 calendar days of receipt of the application with specific requirements for additional data.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<HD2>V: Findings of Technical Adequacy and NEPA Compliance
</HD2>
<P>A. MLRD will:
</P>
<P>1. Develop and coordinate the technical review of the permit application package or application for a permit revision or renewal. The review will include representatives of MLRD, MMS, FLMA, OSM and other appropriate Federal agencies specified by the Secretary.
</P>
<P>2. Coordinate with OSM for the purpose of eliminating duplication, and provide to OSM a complete technical analysis pursuant to the approved Program that will serve as the technical base for any Environmental Analysis (EA) or Environmental Impact Statement (EIS) which may be necessary to determine NEPA compliance for each permit application package.
</P>
<P>3. Coordinate, for the purpose of eliminating duplication, with MMS to conduct a technical analysis that will assist the MMS in making findings as may be necessary to determine compliance with the MLA. 
</P>
<P>4. Coordinate, for the purpose of eliminating duplication, with FLMA to conduct a technical analysis of issues regarding post-mining land use and the adequacy of measures to protect Federal resources not covered by the rights granted by the lease.
</P>
<P>5. Coordinate, for the purposes of eliminating duplication, with other appropriate Federal agencies specified by the Secretary, to conduct a technical analysis of issues within their jurisdiction.
</P>
<P>B. OSM will:
</P>
<P>1. At the request of MLRD, assist as possible in the review of the application for technical adequacy in a timely manner as set forth by a schedule. Such schedule will be governed by the deadlines set forth in the Colorado Surface Coal Mining Reclamation Act and shall be developed by MLRD in cooperation with OSM. 
</P>
<P>2. Resolve conflicts and difficulties between other Federal agencies in a timely manner.
</P>
<P>3. As soon as possible after receipt of the permit application package, determine the need for an EA or an EIS, pursuant to NEPA, with the assistance of FLMA, MMS, MLRD and other appropriate agencies, as arranged.
</P>
<P>4. Publish notices of NEPA documents as required by Federal law and regulations.
</P>
<P>5. Take the leadership role for the development of the EA and EIS including identification of areas where additional data is necessary.
</P>
<P>6. Provide MLRD with the analysis and conclusions of the appropriate Federal agencies regarding those elements of the package which the Secretary cannot delegate to the State.
</P>
<P>C. MMS will:
</P>
<P>1. Review the permit application package or application for a permit revision or renewal for compliance with 30 CFR part 211.
</P>
<P>2. Furnish MLRD, through OSM, findings on compliance in a timely manner as set forth by schedule. Such schedule will be governed by the statutory deadlines set forth in the Colorado Surface Coal Mining Reclamation Act and shall be developed by MLRD in cooperation with MMS.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<P>D. FLMA will:
</P>
<P>1. Determine whether the permit application or application for a permit revision or renewal provides for post-mining land use consistent with FLMA's land use plan and determine the adequacy of measures to protect Federal resources under FLMA's jurisdiction not covered by the rights granted by the Federal coal lease.
</P>
<P>2. Furnish MLRD, through OSM, its determination on the technical adequacy in a timely manner as set forth by schedule. Such schedule will be governed by the statutory time limits set forth in the Colorado Surface Coal Mining Reclamation Act and shall be developed by MLRD in cooperation with FLMA.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<P>E. Other appropriate Federal agencies specified by the Secretary will:
</P>
<P>1. Review the permit application package or application for a permit revision or renewal in regard to their responsibilities under law.
</P>
<P>2. Furnish MLRD, through OSM, findings on compliance with other applicable Federal laws and regulations in a timely manner as set forth by schedule. Such schedule will be governed by the statutory deadlines set forth in the Colorado Surface Coal Mining Reclamation Act and shall be developed in cooperation with MLRD.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<HD2>VI: Preparation of the Decision Document and Transmittal
</HD2>
<P>A. MLRD will:
</P>
<P>1. Prepare a finding of compliance with the Program as approved by the Secretary and the regulations promulgated thereunder, which will consist of an analysis of critical issues raised during the course of the review and the resolution of those issues.
</P>
<P>2. Assist OSM in the preparation of the decision document for the permit application package or application for a permit revision or renewal, unless the work plan and schedule agreed upon provides otherwise. MLRD will provide OSM with:
</P>
<P>a. a brief but comprehensive discussion of the need for the proposal and alternatives to the proposal;
</P>
<P>b. a finding of compliance prepared under A.1;
</P>
<P>c. all other specific written findings required under section 34-33-114 CRS 1973, as amended.
</P>
<P>3. Consider the comments of OSM, MMS, FLMA and other appropriate Federal agencies when assisting in the preparation of the decision document.
</P>
<P>B. OSM will:
</P>
<P>1. Prepare the approved NEPA compliance finding.
</P>
<P>2. Prepare the decision document with the assistance of MLRD unless the work plan and schedule agreed upon provides otherwise. The decision document shall contain the following:
</P>
<P>a. an analysis of the environmental impacts of the proposal and alternatives to the proposal prepared in compliance with NEPA, CEQ regulations and OSM's NEPA Compliance Handbook;
</P>
<P>b. the determinations and recommendations of FLMA;
</P>
<P>c. the memorandum of recommendation from the MMS to the Assistant Secretary for Energy and Minerals, with regard to MLA requirements;
</P>
<P>d. the comments of other appropriate Federal agencies specified by the Secretary; and 
</P>
<P>e. the relevant information submitted by MLRD as specified by A.2. of this Article.
</P>
<P>3. Transmit the decision document to the Secretary.
</P>
<P>C. FLMA will: Provide written concurrence on the decision document to OSM with regard to post-mining land use and the adequacy of measures to protect Federal resources not covered by rights granted by the Federal coal lease.
</P>
<P>D. MMS will: Provide written concurrence on the decision document to OSM with regard to MMS responsibilities.
</P>
<P>E. Other agencies will: Provide written concurrence on the decision document to OSM with regard to their responsibilities.
</P>
<HD2>VII: Decision and Permit Issuance
</HD2>
<P>A. The Secretary will:
</P>
<P>1. Evaluate the analysis and conclusions as necessary to determine whether he concurs in the decision document insofar as it relates to his statutorily required decisions.
</P>
<P>2. Inform the MLRD immediately of this decision. The reason for not approving shall be specified and recommendations for remedy shall be specified.
</P>
<P>B. MLRD will:
</P>
<P>1. Issue the permit, permit revision, or permit renewal for surface coal mining and reclamation operations after making a finding of compliance with the approved Program in the manner set forth in this Cooperative Agreement.
</P>
<P>2. Advise the operator in the permit of the necessity of obtaining Secretarial approval, for those statutory requirements which have not been delegated to the State, prior to directly affecting Federal lands, and if necessary, prohibit the operator from directly affecting Federal lands under the permit, revised permit, or permit renewal until after the Secretary's approval has been received.
</P>
<P>3. Reserve the right to modify the permit, permit revision, or permit renewal, when appropriate, in order to resolve conflicts between the permit requirements and the requirements of other laws, rules and regulations administered by the Secretary, so that all requirements placed upon an operation are consistent and uniform.
</P>
<HD2>VIII: Resolution of Conflict
</HD2>
<P>A. Every effort will be made to resolve errors, omissions and conflicts on data and data analysis at the State and field level.
</P>
<P>B. Areas of disagreement between the State and the Department shall be referred to the Governor and the Secretary for resolution.</P></EXTRACT>
<CITA TYPE="N">[47 FR 44217, Oct. 6, 1982] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="910" NODE="30:3.0.1.18.87" TYPE="PART">
<HEAD>PART 910—GEORGIA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 36399, Aug. 19, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 910.700" NODE="30:3.0.1.18.87.0.1.1" TYPE="SECTION">
<HEAD>§ 910.700   Georgia Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in Georgia which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Georgia Federal program.
</P>
<P>(c) The rules in this part apply to all surface coal mining operations in Georgia conducted on non-Federal and non-Indian lands. The rules in subchapter D of this chapter apply to operations on Federal lands in Georgia.
</P>
<P>(d) The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually.
</P>
<P>(e) The following provisions of Georgia laws provide, where applicable, for more stringent environmental control and regulation of surface coal mining operations than do the provisions of the Act and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, they shall not be construed to be inconsistent with the Act:
</P>
<P>(1) Georgia Code Ann. section 56-412 pertaining to limitation of risks for insurance companies.
</P>
<P>(2) Georgia Code Ann. section 414-1306 pertaining to the limitation on loan amounts made by banks.
</P>
<P>(3) Georgia Safe Dams Act of 1978 and the Rules for Dam Safety, Chapter 391-3-8 of the Rules of the Department of Natural Resources, Environmental Protection Division.
</P>
<P>(4) Chapter 391-34 of the rules of the Department of Natural Resources, Environmental Protection Division, pertaining to solid waste management.
</P>
<P>(5) Georgia Seed Laws and Rules and Regulations containing the Noxious Weed List.
</P>
<P>(f) The following are Georgia laws that interfere with the achievement of the purposes and requirements of the act and are, in accordance with Section 504(g) of the Act, preempted and superseded:
</P>
<P>(1) The Georgia Surface Mining Act of 1968, Georgia Code Ann. Section 43-1401 <I>et seq.,</I> but not to the extent that it regulates surface coal mining operations which affect two acres or less or are otherwise not regulated by the Surface Mining Control and Reclamation Act.
</P>
<P>(2) Rules for Land Reclamation, Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391-3-3(1976), but not to the extent that such regulations apply to surface coal mining operations which affect two areas or less or are otherwise not regulated by the Surface Mining Control and Reclamation Act.
</P>
<CITA TYPE="N">[47 FR 36399, Aug. 19, 1982, as amended at 52 FR 13806, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 910.701" NODE="30:3.0.1.18.87.0.1.2" TYPE="SECTION">
<HEAD>§ 910.701   General.</HEAD>
<P>Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining operations in Georgia.


</P>
</DIV8>


<DIV8 N="§ 910.702" NODE="30:3.0.1.18.87.0.1.3" TYPE="SECTION">
<HEAD>§ 910.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 910.707" NODE="30:3.0.1.18.87.0.1.4" TYPE="SECTION">
<HEAD>§ 910.707   Exemption for coal extraction incident to government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incidental to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 910.761" NODE="30:3.0.1.18.87.0.1.5" TYPE="SECTION">
<HEAD>§ 910.761   Areas designated unsuitable for surface coal mining by Act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 910.762" NODE="30:3.0.1.18.87.0.1.6" TYPE="SECTION">
<HEAD>§ 910.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mine operations beginning on April 9, 1983.


</P>
</DIV8>


<DIV8 N="§ 910.764" NODE="30:3.0.1.18.87.0.1.7" TYPE="SECTION">
<HEAD>§ 910.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities shall apply to surface coal mine operations beginning on April 9, 1983.


</P>
</DIV8>


<DIV8 N="§ 910.772" NODE="30:3.0.1.18.87.0.1.8" TYPE="SECTION">
<HEAD>§ 910.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such reviews, setting forth the reasons and the additional time that is needed.
</P>
<CITA TYPE="N">[52 FR 13806, Apr. 24, 1987, as amended at 53 FR 4977, Feb. 19, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 910.773" NODE="30:3.0.1.18.87.0.1.9" TYPE="SECTION">
<HEAD>§ 910.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office.
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the applicant of the findings;
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) Should the applicant not submit the information as required by § 910.773(b)(2)(ii) by the specified date, the Office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability.
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required § 773.6 of this chapter.
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(d) Issuance of permits shall also be coordinated with permits issued pursuant to the Georgia Water Quality Control Act, section 17-501; the Georgia Solid Waste Management Act, section 43-1681; the Georgia Air Quality Act of 1973; the Georgia Hazardous Waste Management Act of 1979; the Georgia Groundwater Use Act; and the rules of the Georgia Fire Safety Commission on blasters' permits.
</P>
<P>(e) The Secretary shall provide for coordination of review and issuance of permits for surface mining and reclamation operations with applicable requirements of the Georgia Wildflower Preservation Act of 1973, section 43-1801 <I>et seq.;</I> the Georgia Endangered Wildlife Act of 1973, section 43-2101 <I>et seq.;</I> the Georgia Heritage Trust Act of 1975, section 43-2301 <I>et seq.;</I> and the Georgia Cave Protection Act of 1977, section 43-2501 <I>et seq.</I>
</P>
<CITA TYPE="N">[52 FR 13806, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 910.774" NODE="30:3.0.1.18.87.0.1.10" TYPE="SECTION">
<HEAD>§ 910.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits.
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE.
</P>
<P>(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775.
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever, is later.
</P>
<CITA TYPE="N">[52 FR 13807, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 910.775" NODE="30:3.0.1.18.87.0.1.11" TYPE="SECTION">
<HEAD>§ 910.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits.
</P>
<CITA TYPE="N">[52 FR 13807, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 910.777" NODE="30:3.0.1.18.87.0.1.12" TYPE="SECTION">
<HEAD>§ 910.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13807, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 910.778" NODE="30:3.0.1.18.87.0.1.13" TYPE="SECTION">
<HEAD>§ 910.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13807, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 910.779" NODE="30:3.0.1.18.87.0.1.14" TYPE="SECTION">
<HEAD>§ 910.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 910.780" NODE="30:3.0.1.18.87.0.1.15" TYPE="SECTION">
<HEAD>§ 910.780   Surface mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>(a) Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirement for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.
</P>
<P>(b) The application for a permit shall also demonstrate compliance with the air quality control standards in Chapter 391-3-1 of the Rules and Regulations for Air Quality Control of the Georgia Department of Natural Resources.


</P>
</DIV8>


<DIV8 N="§ 910.783" NODE="30:3.0.1.18.87.0.1.16" TYPE="SECTION">
<HEAD>§ 910.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground mining operations.


</P>
</DIV8>


<DIV8 N="§ 910.784" NODE="30:3.0.1.18.87.0.1.17" TYPE="SECTION">
<HEAD>§ 910.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>(a) Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground mining.
</P>
<P>(b) The applicant for a permit to conduct underground mining operations shall demonstrate compliance with Chapter 391-3-1 of the Rules and Regulations of the Georgia Department of Natural Resources.


</P>
</DIV8>


<DIV8 N="§ 910.785" NODE="30:3.0.1.18.87.0.1.18" TYPE="SECTION">
<HEAD>§ 910.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 910.795" NODE="30:3.0.1.18.87.0.1.19" TYPE="SECTION">
<HEAD>§ 910.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program.


</P>
</DIV8>


<DIV8 N="§ 910.800" NODE="30:3.0.1.18.87.0.1.20" TYPE="SECTION">
<HEAD>§ 910.800   General requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 910.815" NODE="30:3.0.1.18.87.0.1.21" TYPE="SECTION">
<HEAD>§ 910.815   Performance standards—coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations.


</P>
</DIV8>


<DIV8 N="§ 910.816" NODE="30:3.0.1.18.87.0.1.22" TYPE="SECTION">
<HEAD>§ 910.816   Performance standards—surface mining activities.</HEAD>
<P>(a) Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations.
</P>
<P>(b) No person shall conduct surface coal mining operations except in compliance with the Georgia Safe Dams Act and Rules for Safety of the Natural Resources, Environmental Protection Division; the Solid Waste Management Rules of the Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4; and the Georgia Seed Laws and Regulation 4.
</P>
<CITA TYPE="N">[47 FR 36399, Aug. 19, 1982, as amended at 52 FR 13807, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 910.817" NODE="30:3.0.1.18.87.0.1.23" TYPE="SECTION">
<HEAD>§ 910.817   Performance standards—underground mining activities.</HEAD>
<P>(a) Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground mining operations.
</P>
<P>(b) No person shall conduct surface coal mining operations except in compliance with the Georgia Safe Dams Act and Rules for Safety of the Natural Resources, Environmental Protection Division; the Solid Waste Management Rules of the Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4; and the Georgia Seed Laws and Regulation 4.
</P>
<CITA TYPE="N">[47 FR 36399, Aug. 19, 1982, as amended at 52 FR 13807, Apr. 24, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 910.819" NODE="30:3.0.1.18.87.0.1.24" TYPE="SECTION">
<HEAD>§ 910.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining. 


</P>
</DIV8>


<DIV8 N="§ 910.823" NODE="30:3.0.1.18.87.0.1.25" TYPE="SECTION">
<HEAD>§ 910.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands. 


</P>
</DIV8>


<DIV8 N="§ 910.824" NODE="30:3.0.1.18.87.0.1.26" TYPE="SECTION">
<HEAD>§ 910.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining.


</P>
</DIV8>


<DIV8 N="§ 910.827" NODE="30:3.0.1.18.87.0.1.27" TYPE="SECTION">
<HEAD>§ 910.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which includes the operation of coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.


</P>
</DIV8>


<DIV8 N="§ 910.828" NODE="30:3.0.1.18.87.0.1.28" TYPE="SECTION">
<HEAD>§ 910.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities.


</P>
</DIV8>


<DIV8 N="§ 910.842" NODE="30:3.0.1.18.87.0.1.29" TYPE="SECTION">
<HEAD>§ 910.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.
</P>
<P>(b) The Office will furnish a copy of any inspection report or enforcement action taken to the Georgia Department of Natural Resources upon request.


</P>
</DIV8>


<DIV8 N="§ 910.843" NODE="30:3.0.1.18.87.0.1.30" TYPE="SECTION">
<HEAD>§ 910.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply when enforcement action is required for violations on surface coal mining and reclamation operations.
</P>
<P>(b) The Office will furnish a copy of each enforcement action and order to show cause issued pursuant to this section to the Georgia Department of Natural Resources upon request.


</P>
</DIV8>


<DIV8 N="§ 910.845" NODE="30:3.0.1.18.87.0.1.31" TYPE="SECTION">
<HEAD>§ 910.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply when civil penalties are assessed for violations on surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 910.846" NODE="30:3.0.1.18.87.0.1.32" TYPE="SECTION">
<HEAD>§ 910.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 910.955" NODE="30:3.0.1.18.87.0.1.33" TYPE="SECTION">
<HEAD>§ 910.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[51 FR 19461, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="912" NODE="30:3.0.1.18.88" TYPE="PART">
<HEAD>PART 912—IDAHO
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 16222, Apr. 14, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 912.700" NODE="30:3.0.1.18.88.0.1.1" TYPE="SECTION">
<HEAD>§ 912.700   Idaho Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in Idaho which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Idaho Federal program.
</P>
<P>(c) The rules in this part apply to all surface coal mining operations in Idaho conducted on non-Federal and non-Indian lands. The rules in subchapter D of this chapter apply to operations on Federal lands in Idaho.
</P>
<P>(d) The recordkeeping and reporting requirements of this part are the same as those of the permanent program regulations which have been approved by the Office of Management and Budget under 44 U.S.C. 3507.
</P>
<P>(e) The following provisions of Idaho laws provide, where applicable, for more stringent environmental control and regulation of surface coal mining operations than do the provisions of the Act and the regulations in this chapter. Therefore, pursuant to Section 505(b) of the Act, they shall not be construed to be inconsistent with the Act.
</P>
<P>(1) Idaho Code Section 47-1503(20) pertaining to the definition of “operator.”
</P>
<P>(2) Idaho Code Section 47-1509(c) regarding reclamation of disturbed land of less than 2 acres.
</P>
<P>(3) Idaho Code Section 47-1513(c) providing for assessment of anticipated costs of reclamation against an operator.
</P>
<P>(4) Idaho Code Sections 47-1513 (f) and (g) providing for assessment of civil penalties in addition to bond forfeiture.
</P>
<P>(5) Idaho Code Sections 47-1301 <I>et seq.</I> and Rules 1 through 20 promulgated thereunder pertaining to regulation of dredge mining.
</P>
<P>(6) Idaho Code Sections 18-4301 and 18-7019 providing for punishment for interference with water sources used in mining operations.
</P>
<P>(7) Idaho Code Section 42-1713 requiring a fee to be paid by each owner of a dam, reservoir or mine tailing impoundment structure. 
</P>
<P>(8) Idaho Code Section 42-1718 (Supp.) providing for assessment against an operator for costs incurred in correction deficiencies in dams and impoundment structures.
</P>
<P>(f) The following Idaho statute and regulations interfere with the achievement of the purposes and goals of the Act. Therefore, in accordance with section 504(g) of the Act, they are preempted and superseded with respect to surface coal mining and reclamation, except as they apply to surface coal mining operations affecting two acres or less, or which otherwise are not regulated by the Surface Mining Control and Reclamation Act:
</P>
<EXTRACT>
<P>The Idaho Surface Mining Act, Idaho Code Sections 47-1501—47-1524, as amended, and all regulations issued thereunder (with the exception of Sections 47-1503(20), 47-1509(c), 47-1513(c), and 47-1513 (f) and (g), and all regulations issued thereunder).</P></EXTRACT>
<CITA TYPE="N">[48 FR 16222, Apr. 14, 1983, as amended at 52 FR 13807, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 912.701" NODE="30:3.0.1.18.88.0.1.2" TYPE="SECTION">
<HEAD>§ 912.701   General.</HEAD>
<P>Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining and reclamation operations in Idaho.


</P>
</DIV8>


<DIV8 N="§ 912.702" NODE="30:3.0.1.18.88.0.1.3" TYPE="SECTION">
<HEAD>§ 912.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 912.707" NODE="30:3.0.1.18.88.0.1.4" TYPE="SECTION">
<HEAD>§ 912.707   Exemption for coal extraction incident to Government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 912.761" NODE="30:3.0.1.18.88.0.1.5" TYPE="SECTION">
<HEAD>§ 912.761   Areas designated unsuitable for surface coal mining by act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 912.762" NODE="30:3.0.1.18.88.0.1.6" TYPE="SECTION">
<HEAD>§ 912.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 912.764" NODE="30:3.0.1.18.88.0.1.7" TYPE="SECTION">
<HEAD>§ 912.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 912.772" NODE="30:3.0.1.18.88.0.1.8" TYPE="SECTION">
<HEAD>§ 912.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<CITA TYPE="N">[52 FR 13807, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 912.773" NODE="30:3.0.1.18.88.0.1.9" TYPE="SECTION">
<HEAD>§ 912.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office.
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the applicant of the findings:
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) Should the applicant not submit the information as required by § 912.773(b)(2)(ii) by the specified date, the office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability.
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter.
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(d) Where applicable, no person shall conduct surface coal exploration operations which result in the removal of more than 250 tons in one location, or surface coal mining operations without permits issued and/or certificates required by the State of Idaho, pursuant to Idaho Code sections 47-704, 47-1317, 47-1318, 47-1319, 47-1317 (Supp.), and 39-101 <I>et seq.</I> (Supp.).
</P>
<CITA TYPE="N">[52 FR 13808, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 912.774" NODE="30:3.0.1.18.88.0.1.10" TYPE="SECTION">
<HEAD>§ 912.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits. 
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE. 
</P>
<P>(1) Significant revisions shall be processed as if they were new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b)(1) and (b)(2), and 778.21 and of part 775. 
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. 
</P>
<P>(c) In addition to the requirement of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later. 
</P>
<CITA TYPE="N">[52 FR 13808, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 912.775" NODE="30:3.0.1.18.88.0.1.11" TYPE="SECTION">
<HEAD>§ 912.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits. 
</P>
<CITA TYPE="N">[52 FR 13808, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 912.777" NODE="30:3.0.1.18.88.0.1.12" TYPE="SECTION">
<HEAD>§ 912.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[52 FR 13808, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 912.778" NODE="30:3.0.1.18.88.0.1.13" TYPE="SECTION">
<HEAD>§ 912.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[52 FR 13808, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 912.779" NODE="30:3.0.1.18.88.0.1.14" TYPE="SECTION">
<HEAD>§ 912.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 912.780" NODE="30:3.0.1.18.88.0.1.15" TYPE="SECTION">
<HEAD>§ 912.780   Surface mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 912.783" NODE="30:3.0.1.18.88.0.1.16" TYPE="SECTION">
<HEAD>§ 912.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground coal mining operations. 


</P>
</DIV8>


<DIV8 N="§ 912.784" NODE="30:3.0.1.18.88.0.1.17" TYPE="SECTION">
<HEAD>§ 912.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground coal mining. 


</P>
</DIV8>


<DIV8 N="§ 912.785" NODE="30:3.0.1.18.88.0.1.18" TYPE="SECTION">
<HEAD>§ 912.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein.


</P>
</DIV8>


<DIV8 N="§ 912.795" NODE="30:3.0.1.18.88.0.1.19" TYPE="SECTION">
<HEAD>§ 912.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program.


</P>
</DIV8>


<DIV8 N="§ 912.800" NODE="30:3.0.1.18.88.0.1.20" TYPE="SECTION">
<HEAD>§ 912.800   General requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 912.815" NODE="30:3.0.1.18.88.0.1.21" TYPE="SECTION">
<HEAD>§ 912.815   Performance standards—coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations.


</P>
</DIV8>


<DIV8 N="§ 912.816" NODE="30:3.0.1.18.88.0.1.22" TYPE="SECTION">
<HEAD>§ 912.816   Performance standards—surface mining activities.</HEAD>
<P>Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 912.817" NODE="30:3.0.1.18.88.0.1.23" TYPE="SECTION">
<HEAD>§ 912.817   Performance standards—underground mining activities.</HEAD>
<P>Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 912.819" NODE="30:3.0.1.18.88.0.1.24" TYPE="SECTION">
<HEAD>§ 912.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining.


</P>
</DIV8>


<DIV8 N="§ 912.822" NODE="30:3.0.1.18.88.0.1.25" TYPE="SECTION">
<HEAD>§ 912.822   Special performance standards—operations in alluvial valley floors.</HEAD>
<P>Part 822 of this chapter, <I>Special Permanent Program Performance Standards—Operations in Alluvial Valley Floors,</I> shall apply to any person who conducts surface coal mining and reclamation operations on alluvial valley floors.


</P>
</DIV8>


<DIV8 N="§ 912.823" NODE="30:3.0.1.18.88.0.1.26" TYPE="SECTION">
<HEAD>§ 912.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands.


</P>
</DIV8>


<DIV8 N="§ 912.824" NODE="30:3.0.1.18.88.0.1.27" TYPE="SECTION">
<HEAD>§ 912.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining.


</P>
</DIV8>


<DIV8 N="§ 912.827" NODE="30:3.0.1.18.88.0.1.28" TYPE="SECTION">
<HEAD>§ 912.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which includes the operation of coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.


</P>
</DIV8>


<DIV8 N="§ 912.828" NODE="30:3.0.1.18.88.0.1.29" TYPE="SECTION">
<HEAD>§ 912.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities.


</P>
</DIV8>


<DIV8 N="§ 912.842" NODE="30:3.0.1.18.88.0.1.30" TYPE="SECTION">
<HEAD>§ 912.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.
</P>
<P>(b) The Secretary will furnish a copy of each inspection report regarding inspections conducted pursuant to this section to the Office of the Idaho Attorney General upon request.


</P>
</DIV8>


<DIV8 N="§ 912.843" NODE="30:3.0.1.18.88.0.1.31" TYPE="SECTION">
<HEAD>§ 912.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply when enforcement action is required for violations on surface coal mining and reclamation operations.
</P>
<P>(b) The Office will furnish a copy of each enforcement action and order to show cause issued pursuant to this section to the Office of the Idaho Attorney General upon request.


</P>
</DIV8>


<DIV8 N="§ 912.845" NODE="30:3.0.1.18.88.0.1.32" TYPE="SECTION">
<HEAD>§ 912.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply when civil penalties are assessed for violations on surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 912.846" NODE="30:3.0.1.18.88.0.1.33" TYPE="SECTION">
<HEAD>§ 912.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 912.955" NODE="30:3.0.1.18.88.0.1.34" TYPE="SECTION">
<HEAD>§ 912.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="913" NODE="30:3.0.1.18.89" TYPE="PART">
<HEAD>PART 913—ILLINOIS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 913.1" NODE="30:3.0.1.18.89.0.1.1" TYPE="SECTION">
<HEAD>§ 913.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Illinois that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[47 FR 23883, June 1, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 913.10" NODE="30:3.0.1.18.89.0.1.2" TYPE="SECTION">
<HEAD>§ 913.10   State regulatory program approval.</HEAD>
<P>The Secretary conditionally approved the Illinois regulatory program, as submitted on March 3, 1980, amended and clarified on June 16, 1980, resubmitted on December 22, 1981, clarified in a meeting with OSM on March 18 and 19, 1982, and clarified in material submitted April 13, 1982, effective June 1, 1982. He fully approved the Illinois regulatory program, as amended on March 28, 1986, and March 22, 1987, effective September 6, 1989. Copies of the approved program are available at:
</P>
<P>(a) Illinois Department of Natural Resources, Office of Mines and Minerals, Land Reclamation Division, One Natural Resources Way, Springfield, Illinois 62701-1787.
</P>
<P>(b) Illinois Department of Natural Resources, Office of Mines and Minerals, Land Reclamation Division, Southern District Field Office, 503 E. Main Street, Benton, IL 62812.
</P>
<P>(c) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 46204.
</P>
<CITA TYPE="N">[64 FR 20166, Apr. 26, 1999, as amended at 69 FR 42870, July 19, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 913.15" NODE="30:3.0.1.18.89.0.1.3" TYPE="SECTION">
<HEAD>§ 913.15   Approval of Illinois regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 3, 1980</TD><TD align="left" class="gpotbl_cell">November 23, 1982</TD><TD align="left" class="gpotbl_cell">62 IAC 1823.14(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 30, 1982</TD><TD align="left" class="gpotbl_cell">May 25, 1983</TD><TD align="left" class="gpotbl_cell">62 IAC 1807.11(d), 1816.64(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 27, 1983</TD><TD align="left" class="gpotbl_cell">October 13, 1983</TD><TD align="left" class="gpotbl_cell">62 IAC 1786.19(h).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 11, 1983</TD><TD align="left" class="gpotbl_cell">November 10, 1983</TD><TD align="left" class="gpotbl_cell">62 IAC 1817.65, 1843.12.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 16, 1984</TD><TD align="left" class="gpotbl_cell">September 28, 1984</TD><TD align="left" class="gpotbl_cell">62 IAC 1785.17(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 27, 1984</TD><TD align="left" class="gpotbl_cell">January 11, 1985</TD><TD align="left" class="gpotbl_cell">62 IAC 1816.190, 1817.190.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 23, 1983</TD><TD align="left" class="gpotbl_cell">October 30, 1985</TD><TD align="left" class="gpotbl_cell">62 IAC 1850.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 30, 1985, June 2, 1986</TD><TD align="left" class="gpotbl_cell">December 10, 1986</TD><TD align="left" class="gpotbl_cell">62 IAC 1816.111 through 117, 1817.111 through 117, 1823, 1825.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 28, 1986, May 22, 1987</TD><TD align="left" class="gpotbl_cell">October 25, 1988, January 4, 1989</TD><TD align="left" class="gpotbl_cell">62 IAC 1700, 1701, 1705, 1760, 1761, 1762, 1764, 1770 through 1780, 1782 through 1788, 1795, 1800, 1801, 1805 through 1808, 1815 through 1819, 1824 through 1828, 1840, 1843, 1845.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 17, 1989</TD><TD align="left" class="gpotbl_cell">August 29, 1990</TD><TD align="left" class="gpotbl_cell">62 IAC 1700.11; 1701; 1761.11; 1761.12; 1772.12; 1773.5, .11, .15, .17, .19, .20, .21; 1774.15, .17; 1778.13, .14; 1779.12; 1780.16, .21, .31; 1783.12; 1784.14, .17, .21; 1800.21, .40, .60; 1816.49, .61, .64, .67, .68, .83, .97, .99, .102; 1817.49, .61, .64, .66, .67, .68, .83, .97, .122; 1843.11; 1846.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 26, 1990</TD><TD align="left" class="gpotbl_cell">May 6, 1991</TD><TD align="left" class="gpotbl_cell">62 IAC 1700.11(d), (e); 1761.11(a), .12; 1772.12(b)(8)(D); 1773.15(b)(1), .20(b)(2)(B), (c)(2), .21(b); 1778.13(b), (c)(5), (i), (j), .14(c), (e); 1779.12, (b); 1780.16(a)(1)(B)(i), .21(f)(3)(C), (D)(v), .31(a)(1), (b); 1783.12(b); 1784.14(e)(3)(C)(v), .17(a)(1), (b), .21(a)(1)(B)(i), (2)(C); 1800.21(d), .40(a)(2), (b)(2), (e); 1816.49(a)(1), (10), .67, .97(b); 1817.49(a)(1), (10), .66(d), .67, .97(b); 1843.11; 1846.5, .14(a)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 5, 1991</TD><TD align="left" class="gpotbl_cell">August 2, 1991</TD><TD align="left" class="gpotbl_cell">1773.19(b)(1), (2), (3); 20 ILCR 720 § 2.11(d). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 1, 1991</TD><TD align="left" class="gpotbl_cell">December 13, 1991</TD><TD align="left" class="gpotbl_cell">62 IAC 1700.11(a), (a)(2), (c); 1701, appendix A; 1702; 1761.11(a), (d)(2), .12(c), (1), (2); 1772.11(b)(5), 14(a), (b); 1773.5, .11(a), (b)(1)(C), .15(b)(1), (B), .17(h); 1774.13(b)(1); 1778.14(c); 1780.16(b)(3)(B), .21(f), .37(a)(5), (7), (b), .39; 1784.14(e), .21(a)(2)(C), .24(a)(5), (7), (b), .30; 1816.49(a)(1), (3)(A), (B), (5)(A), (10)(B), .68(a)(18), (19), .84(b)(2), (f), .111(a)(4), (b)(1), (5), .116(a)(2)(C), (D), (E), (3), (C), (D), (E), (4)(A)(iii), (D), (b)(2), .117(a), (1), (3), (5), (b), (c), (d)(1) through (6), .150 (a) through (f), .151, appendix A; 1817.49(a)(1), (3)(A), (B), (5)(A), (10)(B), .68(a)(18), (19), .84(b)(2), (f), .116(a)(2)(C), (D), (E), (3), (C), (D), (E), (b)(2), .117(a), (1), (3), (5), (b), (c), (d)(1) through (6), .150 (a) through (f), .151; 1823.14(g), .15(b)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 22, 1992</TD><TD align="left" class="gpotbl_cell">September 3, 1993</TD><TD align="left" class="gpotbl_cell">62 IAC 1701, appendix A; 1702.11(a)(2), (f)(1), (2), .17(c)(1), (2), (3); 1705.21; 1761.11(g), .12(b)(2), (c), (4), (d)(1), (g); 1764.19(d); 1772.12(e)(2); 1773.13(a)(1)(E), .15(b)(1)(B), (3), (c)(12), (d), .20(b)(2)(B), .21(c); 1774.11(c), .13(b)(2)(E), (d)(2), (4), (5), .15(f); 1775; 1777.17(a) through (d); 1778.15(a), (e); 1779.19(b); 1780.21(b)(1)(B), .38; 1783.19(b); 1784.14(b)(1)(B), .27; 1785.13(a), (g); 1800.11(a), .40(a)(3), (e), (f) through (h), .50(c)(2) through (5); 1816.49(a)(9)(B), (c)(2), .84(b)(2), .116(a)(3)(A) through (E), (b)(2), .117(a)(1), (2), (5), (d)(6), .151(b); 1817.49(a)(9)(B), (c)(2), .84(b)(2), .116(a)(3)(A) through (E), (b)(2), .117(a)(1), (2), (5), (d)(6), .151(b), .182(d); 1827.12(b); 1843.12(i), .13(c), (e) through (k), .14(a)(2), .15(a), .16, .17, .20, .21; 1845.12(c), (d), .13(b)(4)(A) through (D), .17(b), (b)(2)(B), (c), .18(a)(2), (c), .19, .20(a); 1846.17(b)(1), .18(b); 1847.1 through .9; 1848.1, .2, .3, 5 through .9, .11, .12, .13, .15 through .22.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 17, 1993</TD><TD align="left" class="gpotbl_cell">February 2, 1994</TD><TD align="left" class="gpotbl_cell">225 ILCS 720 §§ 2.11 (a), (b), (c), (g); 6.01(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 9, 1994</TD><TD align="left" class="gpotbl_cell">November 21, 1994</TD><TD align="left" class="gpotbl_cell">225 ILCS 720, §§ 2.02(b); 3.15(e); 9.07(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 3, 1995</TD><TD align="left" class="gpotbl_cell">July 11, 1995</TD><TD align="left" class="gpotbl_cell">Executive Order Number 2, §§ I(C), II(C), III, IV(F).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 3, 1995</TD><TD align="left" class="gpotbl_cell">May 29, 1996</TD><TD align="left" class="gpotbl_cell">62 IAC 1700.11, .16; 1701.Appendix A; 1761.11; 1772.11, .12; 1773.15, .20, .22 through .25; 1774.13; 1778.15; 1779.25; 1780.23; 1783.22; 1784.15; 1785.17, .23; 1795.1, .4, .6, .9, .12; 1800.5, .20, .21; 1816/1817.13, .22, .41, .46, .79, .97, .116, .117, .151, 190; 1816. appendix A; 1817.121; 1825.14; 1840.11, .17; 1843.13, .23; 1845.12; 1847.3, .4 through .7; 1848.5; 1850.14 through .17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 4, 1996</TD><TD align="left" class="gpotbl_cell">July 18, 1996</TD><TD align="left" class="gpotbl_cell">Self-bonding; 62 IAC 1800.4(c) through (f); 1800.5(c); 1800.11(a), (e); 1800.23. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 22, 1992</TD><TD align="left" class="gpotbl_cell">October 22, 1997</TD><TD align="left" class="gpotbl_cell">62 IAC 1816.116(a)(2)(C); 1817.116(a)(2)(C); Non-augmentation Policy Statement.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 5, 1997</TD><TD align="left" class="gpotbl_cell">April 8, 1998</TD><TD align="left" class="gpotbl_cell">62 IAC 1816.116(c)(3)(F); 1817.116(a)(3)(F); Interpretation Statement, Program Procedures, and Evaluation Criteria for 62 IAC 1816.116(a)(3)(F) and 1817.116(a)(3)(F).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 28, 1996 and February 26, 1998</TD><TD align="left" class="gpotbl_cell">February 9, 1999</TD><TD align="left" class="gpotbl_cell">225 ILCS 720/1.03, 7.03, and 7.04; 62 IAC 1701. appendix A; 1761.12; 1764.13 and .15; 1773.11 and .15; 1774.11 and .13; 1778.14; 1785.17; 1800.40; 1816.46, .49, .64, .66, .67, .83, .116, and .117; 1817.46, .49, .61, .62, .66, .67, .83, .116, and .117; 1823.1, .11, .12, and .14; 1825.11; 1840.1 and .11; 1847.3 and .9; 1850.13, .14, .15, and .16.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 2, 1999</TD><TD align="left" class="gpotbl_cell">December 6, 1999</TD><TD align="left" class="gpotbl_cell">62 IAC 1701. appendix A; 1784.14(b)(1), (b)(1)(A) (i) and (ii), (b)(1)(B), (e)(3)(D); 1784.20(a), (a)(1) and (2), (b), (b)(1) through (10); 1817.41(j); 1817.121(a)(1) through (4), (c)(1) through (3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 2, 1999</TD><TD align="left" class="gpotbl_cell">December 27, 1999</TD><TD align="left" class="gpotbl_cell">62 IAC 1800.15(b)(2); 1847.3(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 2, 1999</TD><TD align="left" class="gpotbl_cell">April 7, 2000</TD><TD align="left" class="gpotbl_cell">62 IAC 1701.Appendix A; 1780.25(a), (a)(1)(A), (a)(2), (a)(2)(A) and (B), (a)(3), (a)(3)(A), (b), (f); 1784.14(a); 1784.16(a), (a)(1)(A), (a)(2), (a)(2)(A) and (B), (a)(3), (a)(3)(A) and (B), (b)(1), (f); 1784.20(b), (b)(2); 1800.13(c), (d)(2); 1800.40(a)(1), (2), and (3), (b)(2); 1816.46(c)(2); 1816.49(a)(1) and (2), (a)(4)(A) and (B), (a)(5), (a)(6)(A), (a)(10)(A) and (C), (a)(11), (b)(9)(A) and (C), (c)(1) and (2), (c)(2)(B), (c)(2)(B)(i) and (ii); 1816.89(b); 1816.111(b)(5), (d); 1816.116(a), (b)(2); 1817.41(c), (d), (e); 1817.46(c)(2); 1817.49(a)(1) and (3), (a)(4)(A) and (B), (a)(5), (a)(6)(A), (a)(10)(A), (B), and (C), (a)(11), (b)(7) and (8); (b)(9)(A) and (C), (c)(1), (c)(2), (c)(2)(B)(i) and (ii); 1817.89(b); 1817.101(a); 1817.111(d); 1817.116(a)(2)(C), (b)(2); 1823.14(d); 1840.14(b), (c)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 2001</TD><TD align="left" class="gpotbl_cell">November 21, 2001</TD><TD align="left" class="gpotbl_cell">225 ILCS 720/1.03(a)(9-a), 1.04(a) and (c), 105, 2.08(e), 6.07(f), 6.08(i), 7.03(b), 7.04(a), 9.01.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 15, 2001</TD><TD align="left" class="gpotbl_cell">May 17, 2002</TD><TD align="left" class="gpotbl_cell">62 IAC 1700.11(a), (b); 1700.12(a), (d); 1773.12; 1773.13; 1773.15(a), (b), (c); 1777.17; 1778.15(e); 1780.21(a), (b), (e), (f), (g), (i), (j); 1784.14(a), (e); 1785.23(d), (e); 1800.11(a); 1800.40(a), (c), (d), (e); 1816.41(c), (d), (e); 1816.113(b); 1816.116(a); 1816.117(a), (c), (d), (e); 1816.190(b); 1817.64; 1817.66(b); 1817.113(b); 1817.116(a); 1817.117(a), (c), (d), (e); 1825.14(a), (b), (e); 1843.13(a), (c), (d); 1846.17(b); 1847.3(a), (b), (e), (f), (i), (j); 1847.9.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 8, 2002</TD><TD align="left" class="gpotbl_cell">July 7, 2003</TD><TD align="left" class="gpotbl_cell">62 IAC 1701.Appendix A; 1761.5; 1761.11; 1761.12; 1761.14; 1761.15; 1761.16; 1761.17; 1762.14; 1762.15; 1772.12; 1773.13(a)(1)(E), (d); 1773.15(c)(3)(B), (c)(11), (c)(13); 1778.15(e); 1778.16(c); 1780.31(a)(2); 1780.33; 1784.17(a)(2); 1784.18; 1800.40(b)(2); 1816.116(a)(2)(C); 1847.9(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 10, 2004</TD><TD align="left" class="gpotbl_cell">May 19, 2005</TD><TD align="left" class="gpotbl_cell">225 ILCS 720/1.04; 62 IAC 1700.17, 1700.18; 1761.11(e)(1), 1761.14(b), 1761.16(b)(3); 1762.15; 1772.12(b)(14); 1773.15(c)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 1, 2005</TD><TD align="left" class="gpotbl_cell">November 29, 2005</TD><TD align="left" class="gpotbl_cell">62 IAC 1816.116(a)(2)(C), (a)(3)(C) and (a)(3)(E), (a)(4), (a)(4)(C) and (D), (a)(6); 1816. appendix A; 1817.42; 1817.43(a)(2)(D), (b)(3), (c)(3); 1817.116(a)(2)(C), (a)(3)(C) and (a)(3)(E), (a)(4), (b)(2); 1817.121(c), (c)(2); 1823.15(b)(2) and (b)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> February 20, 2019</TD><TD align="left" class="gpotbl_cell">March 4, 2020</TD><TD align="left" class="gpotbl_cell">225 ILCS 720/1.06(e); 62 IAC 1701.Appendix A; 1703.10; 1773.15, 1773.25; 1774.13; 1778.9, 1778.13, 1778.14, 1778.15.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9937, Mar. 5, 1997, as amended at 62 FR 54768, Oct. 22, 1997; 63 FR 17098, Apr. 8, 1998; 64 FR 6200, Feb. 9, 1999; 64 FR 68030, Dec. 6, 1999; 64 FR 72277, Dec. 27, 1999; 65 FR 18242, Apr. 7, 2000; 66 FR 58375, Nov. 21, 2001; 67 FR 35035, May 17, 2002; 68 FR 40141, July 7, 2003; 70 FR 28824, May 19, 2005; 70 FR 71400, Nov. 29, 2005; 85 FR 12739, Mar. 4, 2020]





</CITA>
</DIV8>


<DIV8 N="§ 913.16" NODE="30:3.0.1.18.89.0.1.4" TYPE="SECTION">
<HEAD>§ 913.16   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 913.17" NODE="30:3.0.1.18.89.0.1.5" TYPE="SECTION">
<HEAD>§ 913.17   State regulatory program provisions and amendments disapproved.</HEAD>
<P>(a) The proposed definition of “previously mined area” in 62 IAC 1701.5, as submitted by Illinois on May 22, 1987, is disapproved to the extent that it includes lands subject to the reclamation standards of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 <I>et seq.</I>). 
</P>
<P>(b) In 62 IAC 1761.11(c) and 1761.12(e)(1), as submitted by Illinois on May 22, 1987, the phrase “publicly owned” is disapproved to the extent that it modifies the term “places listed on the National Register of Historic Places” or an equivalent term.
</P>
<P>(c) The proposed revisions to the definition of “valid existing rights” in 62 IAC 1701.Appendix A, also known as 62 IAC 1701.5, as submitted by Illinois on May 22, 1987, are disapproved to the extent that they expand the “needed for and adjacent” test to allow claims of valid existing rights for lands for which the applicant obtained the requisite property rights after August 3, 1977.
</P>
<P>(d) In 62 IAC 1816.68(a) and 1817.68(a), as submitted by Illinois on July 17, 1989, the deletion of “wind velocity and direction” from the list of factors required in the blast records is disapproved.
</P>
<CITA TYPE="N">[53 FR 43138, Oct. 25, 1988, as amended at 54 FR 123, Jan. 4, 1989; 55 FR 35314, Aug. 29, 1990] 


</CITA>
</DIV8>


<DIV8 N="§ 913.20" NODE="30:3.0.1.18.89.0.1.6" TYPE="SECTION">
<HEAD>§ 913.20   Approval of Illinois abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Illinois abandoned mine land reclamation plan, as submitted on July 20, 1980, effective June 1, 1982. Copies of the approved plan are available at:
</P>
<P>(a) Illinois Department of Natural Resources, Office of Mines and Minerals, Abandoned Mine Land Reclamation Division, One Natural Resources Way, Springfield, Illinois 62701-1787.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 46204-1521.
</P>
<CITA TYPE="N">[64 FR 20166, Apr. 26, 1999, as amended at 69 FR 42870, July 19, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 913.25" NODE="30:3.0.1.18.89.0.1.7" TYPE="SECTION">
<HEAD>§ 913.25   Approval of Illinois abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 19, 1984</TD><TD align="left" class="gpotbl_cell">June 11, 1984</TD><TD align="left" class="gpotbl_cell">Emergency reclamation program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 6, 1989</TD><TD align="left" class="gpotbl_cell">February 14, 1990</TD><TD align="left" class="gpotbl_cell">Non-coal reclamation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 29, 1990</TD><TD align="left" class="gpotbl_cell">November 2, 1990</TD><TD align="left" class="gpotbl_cell">Procedures for public participation, ranking and selection of reclamation projects, liens, bids and contracts.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 13, 1992</TD><TD align="left" class="gpotbl_cell">January 14, 1993</TD><TD align="left" class="gpotbl_cell">Ch. 96
<fr>1/2</fr>, par. 8001.03; 8002.13.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 2, 1993</TD><TD align="left" class="gpotbl_cell">September 21, 1993</TD><TD align="left" class="gpotbl_cell">20 ILCS 1920 §§ 2.11, .13; 62 IAC 2501.37.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 10, 1995</TD><TD align="left" class="gpotbl_cell">July 11, 1995</TD><TD align="left" class="gpotbl_cell">Executive Order No. 2 (1995), part I(C); part II(D); part III(A), (C); part IV(F).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 22, 1998</TD><TD align="left" class="gpotbl_cell">January 22, 1999</TD><TD align="left" class="gpotbl_cell">Illinois Plan Narrative; 62 IAC 2501.1, .4, .7, .8, .10, .11, .13, .16, .19, .22, .25, .28, .31, and .40; 44 IAC 1150.10, 20, .30, .100, .200, .300, .400, .500, .700, .800, .900, .1000, .1100, .1200, .1300, .1325, and .1350.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9938, Mar. 5, 1997, as amended at 64 FR 3419, Jan. 22, 1999; 69 FR 42870, July 19, 2004]



</CITA>
</DIV8>


<DIV8 N="§ 913.30" NODE="30:3.0.1.18.89.0.1.8" TYPE="SECTION">
<HEAD>§ 913.30   State-Federal cooperative agreement.</HEAD>
<P>The Governor of the State of Illinois (Governor) and the Secretary of the Department of the Interior (Secretary) enter into a Cooperative Agreement (Agreement) to read as follows:
</P>
<EXTRACT>
<HD1>Article I: Introduction, Purposes and Responsible Agencies
</HD1>
<P>A. <I>Authority:</I> This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under section 503 of SMCRA, 30 U.S.C. 1253, to elect to enter into an agreement for State regulation of surface coal mining and reclamation operations (including surface operations and surface impacts incident to underground mining operations) on Federal lands. This Agreement provides for State regulation of coal exploration operations not subject to 43 CFR part 3480, subpart3480 through 3487, and surface coal mining and reclamation operations in Illinois on Federal lands (30 CFR Chapter VII Subchapter D), consistent with SMCRA and State and Federal laws governing such activities and the Illinois State Program (Program).
</P>
<P>B. <I>Purposes:</I> The purposes of this Agreement are to (a) foster Federal-State cooperation in the regulation of surface coal mining and reclamation operations and coal exploration operations not subject to 43 CFR part 3480, subparts 3480 through 3487; (b) minimize intergovernmental overlap and duplication; and (c) provide uniform and effective application of the Program on all lands in Illinois in accordance with SMCRA, the Program, and this Agreement.
</P>
<P>C. <I>Responsible Administrative Agencies:</I> The Land Reclamation Division (LRD) of the Illinois Department of Mines and Minerals will be responsible for administering this Agreement on behalf of the Governor. The Office of Surface and Mining Reclamation and Enforcement (OSMRE) will administer this Agreement on behalf of the Secretary.
</P>
<HD1>Article II: Effective Date
</HD1>
<P>After being signed by the Secretary and the Governor, this Agreement will take effect 30 days after publication in the <E T="04">Federal Register</E> as a final rule. This Agreement will remain in effect until terminated as provided in Article XI.
</P>
<HD1>Article III: Definitions 
</HD1>
<P>The terms and phrases used in this Agreement which are defined in SMCRA, 30 CFR parts 700, 701 and 740, the Program, and this Agreement including the State Act [Ill. Rev. Stat. Ch 96
<FR>1/2</FR>, Section 7901 <I>et seq.</I> (1985)], and the rules and regulations promulgated pursuant to those Acts, will be given the meanings set forth in said definitions. Where there is a conflict between the above reference State and Federal definitions, the definitions used in the Program will apply.
</P>
<HD1>Article IV: Applicability 
</HD1>
<P>In accordance with the Federal lands program, the laws, regulations, terms and conditions of the Program and this Agreement are applicable to Federal lands in Illinois except as otherwise stated in this Agreement, SMCRA, 30 CFR 740.4, 740.11(a) and 745.13, and other applicable laws, Executive Orders, or regulations. 
</P>
<HD1>Article V: General Requirements
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement. 
</P>
<P>A. <I>Authority of State Agency:</I> IRD has and will continue to have the authority under State law to carry out this Agreement.
</P>
<P>B. <I>Funds:</I> 1. Upon application by LRD and subject to appropriations, OSMRE will provide the State with the funds to defray the costs associated with carrying out its responsibilities under this Agreement as provided in section 705(c) of SMCRA, the grant agreement, and 30 CFR 735.16. Such funds will cover the full cost incurred by LRD in carrying out these responsibilities, provided that such cost does not exceed the estimated cost the Federal government would have expended on such responsibilities in the absence of this Agreement. 
</P>
<P>2. OSMRE's Springfield Field Office and OSMRE's Eastern Field Operations office will work with LRD to estimate the amount the Federal government would have expended for regulation of Federal lands in Illinois in the absence of this Agreement. 
</P>
<P>3. OSMRE and the State will discuss the OSMRE Federal lands cost estimate. After resolution of any issues, LRD will include the Federal lands cost estimate in the State's annual regulatory grant application submitted to OSMRE's Springfield Field Office. 
</P>
<P>The State may use the existing year's budget totals, adjusted for inflation and workload considerations in estimating regulatory costs for the following grant year. OSMRE will notify LRD as soon as possible if such projections are unrealistic. 
</P>
<P>4. If LRD applies for a grant but sufficient funds have not been appropriated to OSMRE, OSMRE and LRD will promptly meet to decide on appropriate measures that will insure that surface coal mining and reclamation operations on Federal lands in Illinois are regulated in accordance with the Program. If agreement cannot be reached, either party may terminate the Agreement in accordance with Article XI of this Agreement.
</P>
<P>5. Funds provided to the LRD under this Agreement will be adjusted in accordance with Office of Management and Budget Circular A-102, Attachment E. 
</P>
<P>C. <I>Reports and Records:</I> LRD will make annual reports to OSMRE containing information with respect to compliance with the terms of this Agreement pursuant to 30 CFR 745.12(d). Upon request, LRD and OSMRE will exchange information developed under this Agreement, except where prohibited by Federal or State law. 
</P>
<P>OSMRE will provide LRD with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement. LRD comments on the report will be appended before transmission to the Congress, unless necessary to respond to a request by a date certain, or to other interested parties. 
</P>
<P>D. <I>Personnel:</I> Subject to adequate appropriations and grant awards, the LRD will maintain the necessary personnel to fully implement this Agreement in accordance with the provisions of SMCRA, the Federal lands program, and the Program.
</P>
<P>E. <I>Equipment and Laboratories:</I> Subject to adequate appropriations and grant awards, the LRD will assure itself access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses can be performed which are necessary to carry out the requirements of the Agreement. 
</P>
<P>F. <I>Permit Application Fees and Civil Penalties:</I> The amount of the fee accompanying an application for a permit for surface coal mining and reclamation operations on Federal lands in Illinois will be determined in accordance with section 2.05 of the Illinois State Act, 62 Ill. Adm. Code 1771.25, and the applicable provisions of the Program and Federal law. All permit fees, civil penalties and fines collected from operations on Federal lands will be retained by the State and will be deposited with the State Treasurer. Permit fees will be considered program income. Civil penalties and fines will not be considered program income. The financial status report submitted pursuant to 30 CFR 735.26 will include a report of the amount of fees, penalties, and fines collected during the State's prior fiscal year. 
</P>
<HD1>Article VI: Review of Permit Application Package 
</HD1>
<HD2>A. Submission of Permit Application Package 
</HD2>
<P>1. LRD and the Secretary require an applicant proposing to conduct surface coal mining and reclamation operations on Federal lands covered by this Agreement to submit a permit application package (PAP) in an appropriate number of copies to LRD. LRD will furnish OSMRE and other Federal agencies with an appropriate number of copies of the PAP. The PAP will be in the form required by LRD and will include any supplemental information required by OSMRE, the Federal land management agency, and other agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. 
</P>
<P>At a minimum, the PAP will satisfy the requirements of 30 CFR 740.13(b) and include the information necessary for LRD to make a determination of compliance with the Program and for OSMRE and the appropriate Federal agencies to make determinations of compliance with applicable requirements of SMCRA, the Federal lands program, and other Federal laws, Executive Orders, and regulations for which they are responsible. 
</P>
<P>2. For any outstanding or pending permit applications on Federal lands being processed by OSMRE prior to the effective date of this Agreement, OSMRE will maintain sole permit decision responsibility. After the final decision, all additional responsibilities shall pass to LRD pursuant to the terms of this Agreement. 
</P>
<HD2>B. Review Procedures Where There is No Leased Federal Coal Involved 
</HD2>
<P>1. LRD will assume the responsibilities for review of permit applications where there is no leased Federal coal to the extent authorized in 30 CFR 740.4(c) (1), (2), (4), (6) and (7). In addition to consultation with the Federal Land Management Agency pursuant to 30 CFR 740.4(c)(2), LRD will be responsible for obtaining, except for non-significant revisions, the comments and determinations of other Federal agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. LRD will request such Federal agencies to furnish their findings or any requests for additional information to LRD within 45 calendar days of the date of receipt of the PAP. OSMRE will assist LRD in obtaining this information, upon request. 
</P>
<P>Responsibilities and decisions which can be delegated to LRD under other applicable Federal laws may be specified in working agreements between OSMRE and the State, with the concurrence of any Federal agency involved, and without amendment to this agreement.
</P>
<P>2. LRD will assume primary responsibility for the analysis, review and approval or disapproval of the permit application component of the PAP required by 30 CFR 740.13 for surface coal mining and reclamation operations in Illinois on Federal lands not requiring a mining plan pursuant to the Mineral Leasing Act (MLA). LRD will review the PAP for compliance with the Program and State Act and regulations. LRD will be the primary point of contact for applicants regarding decisions on the PAP and will be responsible for informing the applicant of determinations.
</P>
<P>3. The Secretary will make his determinations under SMCRA that cannot be delegated to the State. Some of which have been delegated to OSMRE.
</P>
<P>4. OSMRE and LRD will coordinate with each other during the review process as needed. OSMRE will provide technical assistance to LRD when requested, if available resources allow. LRD will keep OSMRE informed of findings made during the review process which bear on the responsibilities of OSMRE or other Federal agencies. OSMRE may provide assistance to LRD in resolving conflicts with Federal land management agencies. OSMRE will be responsible for ensuring that any information OSMRE receives from an applicant is promptly sent to LRD. OSMRE will have access to LRD files concerning operations on Federal lands. OSMRE will send to LRD copies of all resulting correspondence between OSMRE and the applicant that may have a bearing on decisions regarding the PAP. The Secretary reserves the right to act independently of LRD to carry out his responsibilities under laws other than SMCRA.
</P>
<P>5. LRD will make a decision on approval or disapproval of the permit on Federal lands.
</P>
<P>(a) Any permit issued by LRD will incorporate any lawful terms or conditions imposed by the Federal land management agency, including conditions relating to post-mining land use, and will be conducted on compliance with the requirements of Federal land management agency.
</P>
<P>(b) The permit will include lawful terms and conditions required by other applicable Federal laws and regulations.
</P>
<P>(c) After making its decision on the PAP, LRD will send a notice to the applicant, OSMRE, the Federal land management agency, and any agency with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP.
</P>
<P>A copy of the permit and written findings will be submitted to OSMRE upon request.
</P>
<HD2>C. Review Procedures Where Leased Federal Coal is Involved
</HD2>
<P>1. LRD will assume the responsibilities listed in 30 CFR 740.4(c) (1), (2), (3), (4), (6) and (7), to the extent authorized.
</P>
<P>In accordance with 30 CFR 740.4(c)(1), LRD will assume primary responsibility for the analysis, review and approval, disapproval or conditional approval of the permit application component of the PAP for surface coal mining and reclamation operations in Illinois where a mining plan is required, including applications for revisions, renewals and transfer sale and assignment of such permits. OSMRE will, at the request of the State, assist to the extent possible in this analysis and review.
</P>
<P>LRD will be the primary point of contact for applicants regarding the review of the PAP for compliance with the Program and State law and regulations. LRD will be responsible for informing the applicant of all joint State-Federal determinations. 
</P>
<P>LRD will to the extent authorized, consult with the Federal land management agency and the Bureau of Land Management (BLM) pursuant to 30 CFR 740.4(c)(2) and (3), respectively. On matters concerned exclusively with regulations under 43 CFR part 3480, Subparts 3480 through 3487, BLM will be primary contact with the applicant. BLM will inform LRD of its actions and provide LRD with a copy of documentation on all decisions. 
</P>
<P>LRD will send the OSMRE copies of any correspondence with the applicant and any information received from the applicant regarding the PAP. OSMRE will send to LRD copies of all OSMRE correspondence with the applicant which may have a bearing on the PAP. As a matter of practice, OSMRE will not independently initiate contacts with applicants regarding completeness or deficiencies of the PAP with respect to matters covered by the Program. 
</P>
<P>LRD will also be responsible for obtaining the comments and determinations of other Federal agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. LRD will request all Federal agencies to furnish their findings or any requests for additional information to LRD within 45 days of the date of receipt of the PAP. OSMRE will assist LRD in obtaining this information, upon request of LRD. 
</P>
<P>LRD will be responsible for approval and release of performance bonds under 30 CFR 740.4(c)(4) in accordance with Article IX of this agreement, and for review and approval of exploration operations not subject to 43 CFR part 3480, subparts 3480-3487, under 30 CFR 740.4(c)(6). 
</P>
<P>LRD will prepare documentation to comply with the requirements of NEPA under 30 CFR 740.4(c)(7); however, OSMRE will retain the responsibility for the exceptions in 30 CFR 740.4(c)(7)(i)-(vii). 
</P>
<P>2. The Secretary will concurrently carry out his responsibilities under 30 CFR 740.4(a) that cannot be delegated to LRD under the Federal lands program, MLA, the National Environmental Policy Act (NEPA), this Agreement, and other applicable Federal laws. The Secretary will carry out these responsibilities in a timely manner and will avoid, to the extent possible, duplication of the responsibilities of the State as set forth in this Agreement and the Program. The Secretary will consider the information in the PAP and, where appropriate, make decisions required by SMCRA, MLA, NEPA, and other Federal laws. 
</P>
<P>Responsibilities and decisions which can be delegated to the State under other applicable Federal laws may be specified in working agreements between OSMRE and LRD, with concurrence of any Federal agency involved, and without amendment to this Agreement. 
</P>
<P>Where necessary to make the determination to recommend that the Secretary approve the mining plan, OSMRE will consult with and obtain the concurrences of the BLM, the Federal land management agency and other Federal agencies as required. 
</P>
<P>The Secretary reserves the right to act independently of LRD to carry out his responsibilities under laws other than SMCRA or provisions of SMCRA not covered by the Program, and in instances of disagreement over SMCRA and the Federal lands program. 
</P>
<P>3. OSMRE will assist LRD in carrying out LRD's responsibilities by: 
</P>
<P>(a) Coordinating resolution of conflicts and difficulties between LRD and other Federal agencies in a timely manner. 
</P>
<P>(b) Assisting in scheduling joint meetings, upon request, between State and Federal agencies. 
</P>
<P>(c) Where OSMRE is assisting LRD in reviewing the PAP, furnishing to LRD the work product within 50 calendar days of receipt of the State's request for such assistance, unless a different time is agreed upon by OSMRE and LRD. 
</P>
<P>(d) Exercising its responsibilities in a timely manner, governed to the extent possible by the deadlines established in the Program. 
</P>
<P>4. Review of the PAP: (a) OSMRE and LRD will coordinate with each other during the review process as needed. LRD will keep OSMRE informed of findings made during the review process which bear on the responsibilities of OSMRE or other Federal agencies. OSMRE will ensure that any information OSMRE receives which has a bearing on decisions regarding the PAP is promptly sent to LRD. 
</P>
<P>(b) LRD will review the PAP for compliance with the Program and State law and regulations. 
</P>
<P>(c) OSMRE will review the operation and reclamation plan portion of the permit application, and any other appropriate portions of the PAP for compliance with the non-delegable responsibilities of SMCRA and for compliance with the requirements of other Federal laws and regulations.
</P>
<P>(d) OSMRE and LRD will develop a work plan and schedule for PAP review and each will identify a person as the project leader. The project leaders will serve as the primary points of contact between OSMRE and LRD throughout the review process. Not later than 50 days after receipt of the PAP, unless a different time is agreed upon, OSMRE will furnish LRD with its review comments on the PAP and specify any requirements for additional data. To the extent practicable, LRD will provide OSMRE all available information that may aid OSMRE in preparing any findings. 
</P>
<P>(e) LRD will prepare a State decision package, including written findings and supporting documentation, indicating whether the PAP is in compliance with the Program. The review and finalization of the State decision package will be conducted in accordance with procedures for processing PAPs agreed upon by LRD and OSMRE. 
</P>
<P>(f) LRD may make a decision on approval or disapproval of the permit on Federal lands in accordance with the Program prior to the necessary Secretarial decision on the mining plan, provided that LRD advises the operator in the permit that Secretarial approval of the mining plan must be obtained before the operator may conduct coal development or mining operations on the Federal lease. LRD will reserve the right to amend or rescind any requirements of the permit to conform with any terms or conditions imposed by the Secretary in his approval of the mining plan. 
</P>
<P>(g) The permit will include, as applicable, terms and conditions required by the lease issued pursuant to the MLA and by any other applicable Federal laws and regulations, including conditions imposed by the Federal land management agency relating to post-mining land use, and those of other affected agencies, and will be conditioned on compliance with the requirements of the Federal land management agency with jurisdiction. 
</P>
<P>(h) After making its decision on the PAP, LRD will send a notice to the applicant, OSMRE, the Federal land management agency, and any agency with jurisdiction or responsibility over Federal land affected by operations proposed in the PAP. A copy of the written findings and the permit will also be submitted to OSMRE. 
</P>
<P>5. OSMRE will provide technical assistance to LRD when requested, if available resources allow. OSMRE will have access to LRD files concerning operations on Federal lands. 
</P>
<HD2>D. Review Procedures for Permit Revisions; Renewals; and Transfer Assignment or Sale of Permit Rights 
</HD2>
<P>1. Any permit revision or renewal for an operation on Federal lands will be reviewed and approved or disapproved by LRD after consultation with OSMRE on whether such revision or renewal constitutes a mining plan modification pursuant to 30 CFR 746.18. OSMRE will inform LRD within 30 days of receiving a copy of a proposed revision or renewal, whether the permit revision, or renewal constitutes a mining plan modification. Where approval of a mining plan modification is required, OSMRE and LRD will follow the procedures outlined in paragraphs C.1. through C.5. of this Article. 
</P>
<P>2. OSMRE may establish criteria consistent with 30 CFR 746.18 to determine which permit revisions and renewals clearly do not constitute mining plan modifications. 
</P>
<P>3. Permit revisions or renewals on Federal lands which are determined by OSMRE not to constitute mining plan modifications under paragraph D.1. of this Article or that meet the criteria for not being mining plan modifications as established under paragraph D.2. of this Article will be reviewed and approved following the procedures set forth in 62 Ill. Adm. Code 1774 and paragraphs B.1. through B.5. of this Article. 
</P>
<P>4. Transfer, assignment or sale of permit rights on Federal lands shall be processed in accordance with 62 Ill. Adm. Code 1774 and 30 CFR 740.13(e). 
</P>
<HD1>Article VII: Inspections 
</HD1>
<P>A. LRD will conduct inspections on Federal lands in accordance with 30 CFR 740.4(c)(5) and prepare and file inspection reports in accordance with the Program. 
</P>
<P>B. LRD will, subsequent to conducting any inspection pursuant to 30 CFR 740.4(c)(5), and on a timely basis, file with OSMRE a legible copy of the completed State inspection report. 
</P>
<P>C. LRD will be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by the agreement, except as described hereinafter. Nothing in this Agreement will prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement. The Department may conduct any inspections necessary to comply with 30 CFR parts 842 and 843 and its obligations under laws other than SMCRA. 
</P>
<P>D. OSMRE will ordinarily give LRD reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to provide State inspectors with an opportunity to join in the inspection. 
</P>
<P>When OSMRE is responding to a citizen complaint of an imminent danger to the public health and safety, or of significant, imminent environmental harm to land, air or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it will contact LRD no less than 24 hours prior to the Federal inspection, if practicable, to facilitate a joint Federal/State inspection. All citizen complaints which do not involve an imminent danger or significant, imminent environmental harm will be referred to LRD for action. The Secretary reserves the right to conduct inspections without prior notice to LRD to carry out his responsibilities under SMCRA.
</P>
<HD1>Article VIII: Enforcement
</HD1>
<P>A. LRD will have primary enforcement authority under SMCRA concerning compliance with the requirements of this Agreement and the Program in accordance with 30 CFR 740.4(c)(5). Enforcement authority given to the Secretary under other Federal laws and Executive orders including, but not limited to, those listed in appendix A (attached) is reserved to the Secretary.
</P>
<P>B. During any joint inspection by OSMRE and LRD, LRD will have primary responsibility for enforcement procedures, including issuance of orders of cessation, notices of violation, and assessment of penalties. LRD will inform OSMRE prior to issuance of any decision to suspend or revoke a permit on Federal lands.
</P>
<P>C. During any inspection made solely by OSMRE or any joint inspection where LRD and OSMRE fail to agree regarding the propriety of any particular enforcement action, OSMRE may take any enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action will be based on the standards in the Program, SMCRA, or both, and will be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845.
</P>
<P>D. LRD and OSMRE will promptly notify each other of all violations of applicable laws, regulations, orders, or approved mining permits subject to this Agreement, and of all actions taken with respect to such violations.
</P>
<P>E. Personnel of LRD and the Department of the Interior, including OSMRE, will be mutually available to serve as witness in enforcement actions taken by either party.
</P>
<P>F. This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other than SMCRA.
</P>
<HD1>Article IX: Bonds
</HD1>
<P>A. LRD and the Secretary will require each operator who conducts operations on Federal lands to submit a performance bond payable to the State of Illinois and the United States to cover the operator's responsibilities under SMCRA and the Program. Such performance bond will be conditioned upon compliance with all requirements of the SMCRA, the Program, State rules and regulations, and any other requirements imposed by the Secretary or the Federal land management agency. Such bond will provide that if this Agreement is terminated, the portion of the bond covering the Federal lands will be payable only to the United States. LRD will advise OSMRE of annual adjustments to the performance bond pursuant to the program.
</P>
<P>B. Performance bonds will be subject to release and forfeiture in accordance with the procedures and requirements of the Program. Where surface coal mining and reclamation operations are subject to an approved mining plan, a performance bond shall be released by the State after the release is concurred in by OSMRE.
</P>
<P>C. Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43 CFR subpart3474 or lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of SMCRA.
</P>
<HD1>Article X: Designating Land Areas Unsuitable for All or Certain Types of Surface Coal Mining and Reclamation Operations and Activities and Valid Existing Rights and Compatibility Determinations
</HD1>
<HD2>A. Unsuitability Petitions
</HD2>
<P>1. Authority to designate Federal lands as unsuitable for mining pursuant to a petition, including the authority to make substantial legal and financial commitment determinations pursuant to section 522(a)(6) of SMCRA, is reserved to the Secretary.
</P>
<P>2. When either LRD or OSMRE receives a petition to designate land areas unsuitable for all or certain types of surface coal mining operations that could impact adjacent Federal or non-Federal lands pursuant to section 522(c) of SMCRA, the agency receiving the petition will notify the other of its receipt and the anticipated schedule for reaching a decision, and request and fully consider data, information and recommendations of the other. OSMRE will coordinate with the Federal land management agency with jurisdiction over the petition area, and will solicit comments from the agency.
</P>
<HD2>B. Valid Existing Rights and Compatibility Determinations 
</HD2>
<P>The following actions will be taken when requests for determinations of VER pursuant to section 522(e) of SMCRA or for determinations of compatibility pursuant to section 522(e)(2) of SMCRA, and received prior to or at the time of submission of a PAP that involves surface coal mining and reclamation operations and activities: 
</P>
<P>1. For Federal lands within the boundaries of any areas specified under section 522(e)(1) of SMCRA, OSMRE will determine whether VER exists for such areas. 
</P>
<P>For private inholdings within section 522(e)(1) areas, LRD, with the consultation and concurrence of OSMRE, will determine whether surface coal mining operations on such lands will or will not affect the Federal interest (Federal lands as defined in section 701(4) of SMCRA). OSMRE will process VER determination requests on private inholdings within the boundaries of section 522(e)(1) areas where surface coal mining operations affects the Federal interest. 
</P>
<P>2. For Federal lands within the boundaries of any national forest where proposed operations are prohibited or limited by section 522(e)(2) of SMCRA and 30 CFR 761.11(b), OSMRE will make the VER determinations. 
</P>
<P>OSMRE will process requests for determinations of compatibility under section 522(e)(2) of SMCRA. 
</P>
<P>3. For Federal lands, LRD will determine whether any proposed operation will adversely affect any publicly owned park and, in consultation with the State Historic Preservation Officer, places listed in the National Register of Historic Places, with respect to the prohibitions or limitations of section 522(e)(3) of SMCRA. LRD will make the VER determination for such lands using the State Program. LRD will coordinate with any affected agency or agency with jurisdiction over the proposed surface coal mining and reclamation operations. 
</P>
<P>In the case that VER is determined not to exist under section 522(e)(3) of SMCRA or 30 CFR 761.11(c), no surface coal mining operations will be permitted unless jointly approved by LRD and the Federal, State or local agency with jurisdiction over the publicly owned park or historic place. 
</P>
<P>4. LRD will process and make determinations of VER on Federal lands, using the State Program, for all areas limited or prohibited by section 522(e)(4) and (5) of SMCRA as unsuitable for mining. For operations on Federal lands, LRD will coordinate with any affected agency or agency with jurisdiction over the proposed surface coal mining and reclamation operation. 
</P>
<HD1>Article XI: Termination of Cooperative Agreement 
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15. 
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement 
</HD1>
<P>If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16. 
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement 
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14. 
</P>
<HD1>Article XIV: Changes in States or Federal Standards 
</HD1>
<P>A. The Secretary or the Governor may from time to time promulgate new or revised performance or reclamation requirements or enforcement and administration procedures. Each party will, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations or request necessary legislative action. Such changes will be made under the procedures of 30 CFR part 732 for changes to the Program and under the procedures of section 501 of SMCRA for changes to the Federal lands program. 
</P>
<P>B. LRD and the Secretary will provide each other with copies of any changes to their respective laws, rules, regulations or standards pertaining to the enforcement and administration of this Agreement. 
</P>
<HD1>Article XV: Changes in Personnel and Organization 
</HD1>
<P>Each party to this Agreement will notify the other, when necessary, of any changes in personnel, organization and funding, or other changes that may affect the implementation of this Agreement to ensure coordination of responsibilities and facilitate cooperation. 
</P>
<HD1>Article XVI: Reservation of Rights 
</HD1>
<P>This Agreement will not be construed as waiving or preventing the assertion of any rights in this Agreement that the State or the Secretary may have under laws other than SMCRA or their regulations, including but not limited to those listed in appendix A.
</P>
<FP-1>Dated: September 17, 1987.
</FP-1>
<FRP>James R. Thompson,
</FRP>
<FRP><I>Governor of Illinois.</I>
</FRP>
<FP-1>Dated: October 22, 1987.
</FP-1>
<FRP>Donald Paul Hodel,
</FRP>
<FRP><I>Secretary of the Interior.</I>
</FRP>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations. 
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations, including 43 CFR part 3480. 
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500. 
</P>
<P>4. The Endangered Species Act, as amended, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402. 
</P>
<P>5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 <I>et seq.;</I> 48 Stat. 401. 
</P>
<P>6. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800. 
</P>
<P>7. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations. 
</P>
<P>8. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations. 
</P>
<P>9. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations. 
</P>
<P>10. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. <I>et seq.</I> 
</P>
<P>11. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands. 
</P>
<P>12. Executive Order 11988 (May 24, 1977), for flood plain protection. 
</P>
<P>13. Executive Order 11990 (May 24, 1977), for wetlands protection. 
</P>
<P>14. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations. 
</P>
<P>15. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I> 
</P>
<P>16. The Constitution of the United States. 
</P>
<P>17. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 <I>et seq.</I> 
</P>
<P>18. 30 CFR Chapter VII. 
</P>
<P>19. The Constitution of the State of Illinois. 
</P>
<P>20. Illinois Surface Coal Mining Land Conservation and Reclamation Act [Ill. Rev. State. 1979, Ch. 96 1/2/par. 7901 <I>et seq.</I>]
</P>
<P>21. Illinois Department of Mines and Minerals, Coal Mining and Reclamation Permanent Program, Rules and Regulations, 62 Ill. Adm. Code 1700-1850.</P></EXTRACT>
<CITA TYPE="N">[52 FR 45329, Nov. 27, 1987] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="914" NODE="30:3.0.1.18.90" TYPE="PART">
<HEAD>PART 914—INDIANA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> 


</PSPACE></AUTH>

<DIV8 N="§ 914.1" NODE="30:3.0.1.18.90.0.1.1" TYPE="SECTION">
<HEAD>§ 914.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Indiana that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[47 FR 32107, July 26, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 914.10" NODE="30:3.0.1.18.90.0.1.2" TYPE="SECTION">
<HEAD>§ 914.10   State regulatory program approval.</HEAD>
<P>The Secretary conditionally approved the Indiana regulatory program, as submitted on March 3, 1980, amended and clarified on June 4, 1980, resubmitted on September 28, 1981, and clarified on December 8, 1981, April 8, 1982, May 18-19, 1982 and May 26, 1982, effective July 29, 1982. He fully approved the Indiana program, as amended on April 19 and 28, 1983, effective August 19, 1983. Copies of the approved program are available at:
</P>
<P>(a) Indiana Department of Natural Resources, Division of Reclamation, R.R. 2, Box 129, Jasonville, IN 47438-9517.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, Room 301, 575 North Pennsylvania Street, Indianapolis, IN 46204-1521.
</P>
<CITA TYPE="N">[64 FR 20166, Apr. 26, 1999, as amended at 69 FR 55352, Sept. 14, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 914.15" NODE="30:3.0.1.18.90.0.1.3" TYPE="SECTION">
<HEAD>§ 914.15   Approval of Indiana regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 1, 1982</TD><TD align="left" class="gpotbl_cell">December 17, 1982</TD><TD align="left" class="gpotbl_cell">Revision to permit application forms to require applicant to certify that all reclamation fees had been paid.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 9, 1982</TD><TD align="left" class="gpotbl_cell">March 4, 1983</TD><TD align="left" class="gpotbl_cell">310 IAC 12-2-7, -9; 12-3-1, -12(c)(2), -21(b)(4), -25, -37(a), -47(b), -48, -59(b)(4), -74(a), -81, -97, -102(c); 12-4-5, -10(e)(1), -16; 12-5-3, -18, -24(f), -51, -84, -90(f), -115, -123(b), -149, -152; 12-6-6(d), (f), -6.5, -16(b)(3)(ii); 12-7-4(f).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 19 and 28, 1983</TD><TD align="left" class="gpotbl_cell">August 19, 1983</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-2-3, 13-4.1-4-5(c), 13-4.1-7-5, 13-4.1-11-11(i), 13-4.1-14-2(a); 310 IAC 12-1-3; 12-3-12, -39, -63, -76, -112, -118; 12-4-3, -4, -7, -17; 12-5-19, -36, -41, -71.5, -85, -101, -105, -139.5; 12-6-1, -4, -5, -6.5, -9, -15, -16.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 5, 1984</TD><TD align="left" class="gpotbl_cell">July 10, 1984</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-2-4, 13-4.1-3-3, 13-4.1-4-3, 13-4.1-5-7.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 19, 1984</TD><TD align="left" class="gpotbl_cell">October 19, 1984</TD><TD align="left" class="gpotbl_cell">310 IAC 12-2-8; 12-3-43, -118; 12-5-6, -34, -35, -36, -38, -40; 12-5-73, -100, -100.5, -101, -103.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 7, 1985</TD><TD align="left" class="gpotbl_cell">May 13, 1985</TD><TD align="left" class="gpotbl_cell">IC 13-4-6-1.5, -1.6; 13-4.1-1-7; 13-4.1-3-1, -3.5; 13-4.1-5-8; 13-4.1-6-9; 13-4.1-8-1; 13-4.1-10-1; 13-4.1-12-1, -2.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 7, 1984</TD><TD align="left" class="gpotbl_cell">May 15, 1985</TD><TD align="left" class="gpotbl_cell">310 IAC 12-2-11; 12-3-46, -80, -96, -97, -98; 12-5-3, -6, -11, -12, -12.1, -13, -14, -15, -18, -19, -20, -21, -23, -24, -44, -54, -54.1, -55, -55.1, -56, -56.1, -57, -57.1, -69, -73, -77, -78, -78.1, -79, -80, -81, -84, -85, -86, -87, -89, -90, -108, -118, -119, -119.1, -120, -121, -121.1, -137, -147, -150, -150.1, -151, -152, -153, -154; 12-6-2, -9.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 29, 1984</TD><TD align="left" class="gpotbl_cell">May 16, 1985</TD><TD align="left" class="gpotbl_cell">310 IAC 0.5; Policy statement dated October 16, 1984.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 18, 1985</TD><TD align="left" class="gpotbl_cell">June 5, 1985</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-26, -64, -106, -107, -108.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 10 and 16, 1985</TD><TD align="left" class="gpotbl_cell">March 14, 1986</TD><TD align="left" class="gpotbl_cell">310 IAC 0.5-1-1 through -5, -8 through -13, -15 through -19; 12-5-148; advisory letter from Indiana State Office of the Attorney General dated April 23, 1985.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 4, 1985</TD><TD align="left" class="gpotbl_cell">March 17, 1986</TD><TD align="left" class="gpotbl_cell">310 IAC 12-1-3; 12-5-33, -99; 12-8-1 through 12-8-9; blaster training program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 31, 1986</TD><TD align="left" class="gpotbl_cell">May 13, 1986</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-121; 12-5-34, -36, -100, -101; 12-6-11, -12, -12.5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 29, 1986</TD><TD align="left" class="gpotbl_cell">August 14, 1986</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-8.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 24, 1986</TD><TD align="left" class="gpotbl_cell">January 21, 1987</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-56.1, -121.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 11, 1986, November 7, 1986</TD><TD align="left" class="gpotbl_cell">April 1, 1987</TD><TD align="left" class="gpotbl_cell">IC 4-21.5; 4-22-1; 13-4-6-9; 13-4.1-1-3, -5; 13-4.1-3-3, -4, -6; 13-4.1-4-1, -3, -7; 13-4.1-7-1, -5, -6; 13-4.1-8-1; 13-4.1-11-5, -6, -8, -12; 13-4.1-14-1; 310 IAC 12-8-4, -8.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 11, 1986, May 4, 1987</TD><TD align="left" class="gpotbl_cell">February 16, 1988</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-1-8, 13-4.1-3.2, 13-4.1-6-8, 13-4.1-12-6.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 10, 1987</TD><TD align="left" class="gpotbl_cell">March 22, 1988</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-12.1(a)(3)(i), -78.1(a)(3)(i).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 13, 1987</TD><TD align="left" class="gpotbl_cell">November 10, 1988</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-6-4; 13-4.1-11-3, -4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 13, 1987, June 12, 1989</TD><TD align="left" class="gpotbl_cell">October 11, 1989</TD><TD align="left" class="gpotbl_cell">310 IAC 12-1-3; 12-2-7; 12-3-104, -104.1; 12-5-155, -156.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 28, 1988</TD><TD align="left" class="gpotbl_cell">November 1, 1989</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-18, -19, -84, -85.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1988</TD><TD align="left" class="gpotbl_cell">December 15, 1989</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-11-10, 35-44-1-3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 8, 1989</TD><TD align="left" class="gpotbl_cell">April 5, 1990</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-10-3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1988</TD><TD align="left" class="gpotbl_cell">April 23, 1990</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-6-5, 13-4.1.6.3-1 through -13.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 5, 1989, May 16, 1990</TD><TD align="left" class="gpotbl_cell">August 10, 1990</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-111; 12-5-148; 12-6-8, -9, -16; 12-8-9.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 4, 1989, August 9, 1990</TD><TD align="left" class="gpotbl_cell">September 24, 1990</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-2-2, 13-4.1-11-5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 15, 1989, December 5, 1989</TD><TD align="left" class="gpotbl_cell">January 18, 1991</TD><TD align="left" class="gpotbl_cell">310 IAC 0.6-1, 12-6-6.5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 24, 1990</TD><TD align="left" class="gpotbl_cell">March 15, 1991</TD><TD align="left" class="gpotbl_cell">Intervention in hearings by those who may be adversely affected by the outcome of the proceedings.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 11, 1990</TD><TD align="left" class="gpotbl_cell">March 21, 1991</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5, 12-0.5-25(c), 12-1-3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 29, 1988, February 15, 1991</TD><TD align="left" class="gpotbl_cell">August 2, 1991</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-29, -94; IC 4-26-3-27.8; 13-4.1-2, -4, -5; 14-3; Non-code provision at § 46 of Senate Enrolled Act 362 concerning the Bureau of Mine Reclamation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 4, 1991</TD><TD align="left" class="gpotbl_cell">November 27, 1991, December 13, 1991</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-3-2; 13-4.1-6-9; 13-4.1-6.3-11(2), -13; 13-4.1-10-1; 13-4.1-11-6.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 11, 1991</TD><TD align="left" class="gpotbl_cell">December 13, 1991</TD><TD align="left" class="gpotbl_cell">310 IAC 0.7-3-5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1988</TD><TD align="left" class="gpotbl_cell">April 20, 1992</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-6-8, 13-4.1-6.5. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 22 and 23, 1991</TD><TD align="left" class="gpotbl_cell">May 29, 1992</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-64, -64.1 through .3, -65, -128, -128.1 through .3, -129.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 4, 1991</TD><TD align="left" class="gpotbl_cell">June 23, 1992</TD><TD align="left" class="gpotbl_cell">IC 13-4.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 23, 1991</TD><TD align="left" class="gpotbl_cell">September 14, 1992</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-145 through -148, -148.5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 7, 1992</TD><TD align="left" class="gpotbl_cell">December 17, 1992</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-8, -9; 12-8-4, -8; 12-9-1 through -4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1988, February 15, 1991, July 10, 1991</TD><TD align="left" class="gpotbl_cell">December 30, 1992</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-1-3; 13-4.1-2-4; 13-4.1-3-3, -3.1; 13-4.1-4-2, -3.1, -5; 13-4.1-14-1; SEA 121, § 8; 310 IAC 12-0-5-48; 12-0.5-59; 12-2-1, -2; 12-3-13, -29, -38, -52, -67, -75, -84, -112, -121.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 16, 1992</TD><TD align="left" class="gpotbl_cell">January 14, 1993</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-1-1, 13-4.1-3-2(c), -3(c), -3.5(a)(1), (5).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 2, 1992</TD><TD align="left" class="gpotbl_cell">May 17, 1993</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-87.1; 12-5-130.1, -131.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 13, 1992</TD><TD align="left" class="gpotbl_cell">June 24, 1993</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5; 12-3-19, .1, -20, -111, -112, -119.5, .6; 12-6-5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 4, 1993</TD><TD align="left" class="gpotbl_cell">August 2, 1993</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-64.1 through .3, -128.1, .3; -145; -148.5. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 26, 1992</TD><TD align="left" class="gpotbl_cell">August 16, 1993</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5-6, -32.5, -90.5, -91.5; 12-2-6, -7; 12-3-6, -30.5, -33, -46.5, -47, -57, -68.5, -71, -78, -80.5, -81, -94, .1, -98, -106, -110, -116, -127, -128, -131; 12-4-3, -16; 12-5-16, -24, -27, -30, -32, -39, -42, -43, .1, -48, -51, .1, -57.5, -82, -92, -95, -97, -99, -100, -104, -106, -107, .1, -115, -119.1, -121.5, -131, -144.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 8, 1992</TD><TD align="left" class="gpotbl_cell">September 3, 1993</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5-5.5, -32.6, .7, .8, -72.5, -78.5; 12-1-5 through -12.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 19, 1993</TD><TD align="left" class="gpotbl_cell">September 21, 1993</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-1-5, 13-4.1-6.5-8(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 24, 1993</TD><TD align="left" class="gpotbl_cell">November 18, 1993</TD><TD align="left" class="gpotbl_cell">310 IAC 0.6-1-5, -13; 0.7-3-5; 12-6-6.5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 2, 1993</TD><TD align="left" class="gpotbl_cell">June 16, 1994</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5-6, -23, -53, -55, -64, -72, -104, -111, -116, -139.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 2, 1993</TD><TD align="left" class="gpotbl_cell">July 15, 1994</TD><TD align="left" class="gpotbl_cell">310 IAC 0.6-1-2, .5, -9, -17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 1, 1993</TD><TD align="left" class="gpotbl_cell">July 27, 1994</TD><TD align="left" class="gpotbl_cell">310 IAC 13-4.1-4-3(a)(10).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 15, 1994</TD><TD align="left" class="gpotbl_cell">October 20, 1994</TD><TD align="left" class="gpotbl_cell">310 IAC 0.6-1-5, -13; 0.7-3-5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 11, 1994</TD><TD align="left" class="gpotbl_cell">December 13, 1994</TD><TD align="left" class="gpotbl_cell">310 IAC 12-4-16(c)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 26, 1994</TD><TD align="left" class="gpotbl_cell">February 2, 1995</TD><TD align="left" class="gpotbl_cell">Amendment #94-4 to the Indiana program to correct typographical, clerical, spelling errors.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 7, 1994</TD><TD align="left" class="gpotbl_cell">March 10, 1995</TD><TD align="left" class="gpotbl_cell">310 IAC 12-8-4.1, -8.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 21, 1994</TD><TD align="left" class="gpotbl_cell">April 4, 1995</TD><TD align="left" class="gpotbl_cell">IC 13-4.1-6-9; 13-4.1-9-2.5; 13-4.1-2-4; 13-4.1-4-3, -5; 13-4.1-6-7; 13-4.1-11-6, -8, -12; 13-4.1-12-1; 13-4.1-13-1; 13-4.1-15-9.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 31, 1995</TD><TD align="left" class="gpotbl_cell">April 7, 1995</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-54.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1994, August 25, 1994</TD><TD align="left" class="gpotbl_cell">April 20, 1995</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-87, .1(c)(2), (7); 12-5-130, .1(c)(2), (g), (h), -131; Amendment #94-2 to the Indiana program. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 3, 1995</TD><TD align="left" class="gpotbl_cell">September 14, 1995</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-64.1(c), -128.1(c); correction of typographical, clerical, spelling errors.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 11, 1995</TD><TD align="left" class="gpotbl_cell">October 16, 1995</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5-2, -15, -57, -95, -99.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 30, 1993</TD><TD align="left" class="gpotbl_cell">November 9, 1995</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5-109.5, -110.5, -122.5; 12-1-5; 12-3-31, -48, -69, -78, -82, -97, -106; 12-4-5, -7; 12-5-3, -4; 12-6-20 through -24; 12-7-4, -5, -6; Amendment #93-7, part I.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 11, 1995</TD><TD align="left" class="gpotbl_cell">April 8 and 10, 1996</TD><TD align="left" class="gpotbl_cell">IC 13-4.1; 14-2-285.5; 14-8, -2-144.5; 14-34, -2-4, -4-8.5, -10.5, -10-2(b)(23), -13-1, -2, -19-2.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1984</TD><TD align="left" class="gpotbl_cell">May 28, 1996</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-87.1(c)(2); 12-5-130.1(c)(2), -132.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 26, 1994</TD><TD align="left" class="gpotbl_cell">October 29, 1996</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5-78.7, -91.5, -109; 12-3-30, -32, -33, -34, -41, -47, -49, -55, -55.1, -68, -70, -71, -81, -83, -90.5, -91; 12-5-17, -20, -21(a)(3), -24(a)(9)(B), -27, -31, -39, -41, -42, -44, -48, -50, -69, -70, -83, -86, -87(a)(3), -90(a)(9)(B), -92, -96, -104, -105, -106, 108, -112, -114, -127, -137, -137.5(2), -144; 12-6-19.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 13, 1997</TD><TD align="left" class="gpotbl_cell">August 25, 1997</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-130 (4), (5), -131, -132, -132.5, -133, -134, -134.1, -134.5, -135.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 14, 1997</TD><TD align="left" class="gpotbl_cell">August 25, 1997</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5-39.5, 72.1, 75.5, 77.5, 107.5; 12-3-81, 87.1; 12-5-94, 130.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 7, 1997</TD><TD align="left" class="gpotbl_cell">September 8, 1997</TD><TD align="left" class="gpotbl_cell">310 IAC 12-1-7(a), (15)(A), (17); 12-1-7.1 (a) through (c); 12-1-11(b), (c) (1) through (3), (d) (1) through (3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 11, 1995</TD><TD align="left" class="gpotbl_cell">November 4, 1997</TD><TD align="left" class="gpotbl_cell">IC 14-8-2-42.5, -49.5, -49.6, -274.5; 14-34-5-10; 14-34-6-14.3, -14.6; 14-34-7-0.5, -0.6, -0.7, -2.5, -4 (b), (d) through (g), -4.1, -5, -7, -7.1, -8, -9, -10, -11, -12, -13.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 6, 1998</TD><TD align="left" class="gpotbl_cell">July 24, 1998</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-46(a), (b)(2) through (b)(5); 12-3-80(a), (b)(2) through (b)(5); 12-3-110 (f), (g); 12-5-32(a), (b); 12-5-97(a), (b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 6, 1998</TD><TD align="left" class="gpotbl_cell">September 29, 1998</TD><TD align="left" class="gpotbl_cell">310 IAC 12-0.5-6(a) through (c); 12-3-78(a) and (b); 12-5-98(a), (c) and (d); and 12-5-145.5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 15, 1998</TD><TD align="left" class="gpotbl_cell">March 16, 1999</TD><TD align="left" class="gpotbl_cell">IC14-8-2-117.3, 14-34-4-18, 14-34-5-7(b) through (d), -8, -8.1, -8.2(1) through (3), -8.2(5)(A) through (5)(C), -8.3, -8.4(a) through (c)(1),-8.4(c)(2)(A) through (J) and (L), -8.5,-8.6.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 8, 1999</TD><TD align="left" class="gpotbl_cell">June 14, 1999</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-31(a)(3), (c); 12-3-48(a)(3); 12-3-69(a)(3), (c)(3), (d); 12-3-106(a)(8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 7, 1999</TD><TD align="left" class="gpotbl_cell">August 12, 1999</TD><TD align="left" class="gpotbl_cell">310 IAC 12-3-109(a) through (d); 12-3-114(b), (e), and (f); 12-3-115(b); 12-4-12(b)(4), (b)(6)(A)(ii), and (c); 12-4-16(a), (c), and (d); 12-6-2(a), (b), (c), and (e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 1, 1999</TD><TD align="left" class="gpotbl_cell">October 26, 1999</TD><TD align="left" class="gpotbl_cell">310 IAC 12-8-4.1; -8.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 2, 1999</TD><TD align="left" class="gpotbl_cell">November 22, 1999</TD><TD align="left" class="gpotbl_cell">310 IAC 12-5-64.1(c) and 128.1(c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 31, 1999</TD><TD align="left" class="gpotbl_cell">January 7, 2000</TD><TD align="left" class="gpotbl_cell">310 12-5-159; IC 14-34-2-6(b) and (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 25, 2000</TD><TD align="left" class="gpotbl_cell">May 26, 2000</TD><TD align="left" class="gpotbl_cell">IC 14-34-6-15(b) and (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 4, 2000</TD><TD align="left" class="gpotbl_cell">June 5, 2000</TD><TD align="left" class="gpotbl_cell">310 IAC 0.6-1-1 through 17 [repealed]; 310 IAC 0.7-3-5 [repealed]; 312 IAC 3-1-1 through 18.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 21, 2001</TD><TD align="left" class="gpotbl_cell">November 16, 2001</TD><TD align="left" class="gpotbl_cell">Recodification of rules from 310 IAC 12 to 312 IAC 25; nonsubstantive revisions to those rules; substantive revisions to 312 IAC 25-1-8, 25-4-17, 25-4-18, 25-4-45, 25-4-58, 25-4-59, 25-4-113, and 25-4-118.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 3, 2003</TD><TD align="left" class="gpotbl_cell">December 31, 2003</TD><TD align="left" class="gpotbl_cell">312 IAC 25-1-45.5, 60.5, 109.5; 25-4-43(4), 47(b)(9), 85(b)(8), 93(4); 25-6-12.5, 76.5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 2, 2004</TD><TD align="left" class="gpotbl_cell">September 14, 2004</TD><TD align="left" class="gpotbl_cell">IC 14-8-2-117.3; 14-34-6-7, 14-34-6-10(b)(2); 14-34-8-4(g) and (h), 14-34-8-6, 14-34-8-11(a), (b), (e), and (f); 2004-71-32.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 2, 2004</TD><TD align="left" class="gpotbl_cell">October 1, 2004</TD><TD align="left" class="gpotbl_cell">312 IAC 25-6-31(c); 25-9-5(g); 25-9-8(b)(3) and (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 19, 2004</TD><TD align="left" class="gpotbl_cell">November 29, 2004</TD><TD align="left" class="gpotbl_cell">312 IAC 25-1-8; 25-1-75.5; 25-1-155.5; 25-4-17(a)(1), (d), (e), and (f); 25-4-45(b)(4); 25-4-49(a), (c), (d), (f), and (g); 25-4-87(a), (c), (d), (f), and (g); 25-4-102(d)(1), (e), and (f); 25-4-105.5; 25-4-113(f) and (g); 25-4-114(d); 25-4-115(a)(3) and (13); 25-4-118(4) and (8); 25-5-7(b); 25-5-16(b) and (c); 25-6-17(a)(3), (b)(2), (d)(2), and (d)(3); 25-6-20(a) and (c); 25-6-23(a)(2) and (4)(C); 25-6-25; 25-6-66(2); 25-6-81(a)(3), (d)(2) and (3); 25-6-84(a) and (c); 25-6-130(2); 25-7-1(a), (d)(2), (f), and (g); 25-7-20.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 23, 2006</TD><TD align="left" class="gpotbl_cell">May 21, 2007</TD><TD align="left" class="gpotbl_cell">312 IAC 25-4-102(a)(1) and (3); (b); (d)(4), (6), and (8); (e)(3); (f)(5); 25-6-143(b)(3) and (8), (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">October 18, 2007</TD><TD align="left" class="gpotbl_cell">312 IAC 25-1-57; 25-4-87; 25-5-16(a), (b) [new], and (c) [formerly (b)]; 25-6-20; 25-6-66; and 25-7-1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 25, 2011</TD><TD align="left" class="gpotbl_cell">July 16, 2012</TD><TD align="left" class="gpotbl_cell">Sections: 312 IAC 25-1-10.5, 25-1-32.5, 25-1-48, 25-1-51.5, 25-1-75.1, 25-4-18, 25-4-23, 25-4-59, 25-4-64, 25-4-115.1, 25-4-122.1, 25-4-122.2, 25-4-122.3, 25-4-127, 25-5-7; 25-5-16, 25-6-59, 25-6-93, 25-6-94, 25-6-95, and 25-7-5.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9939, Mar. 5, 1997, as amended at 62 FR 44896, 44898 Aug. 25, 1997; 62 FR 47140, Sept. 8, 1997; 62 FR 59578, Nov. 4, 1997; 63 FR 39729, July 24, 1998; 63 FR 51829, Sept. 29, 1998; 64 FR 12896, Mar. 16, 1999; 64 FR 31693, June 14, 1999; 64 FR 43913, Aug. 12, 1999; 64 FR 57567, Oct. 26, 1999; 64 FR 63684, Nov. 22, 1999; 65 FR 1063, Jan. 7, 2000; 65 FR 34094, May 26, 2000; 65 FR 35575, June 5, 2000; 66 FR 57659, Nov. 16, 2001; 68 FR 75422, Dec. 31, 2003; 69 FR 55352, Sept. 14, 2004; 69 FR 58832, Oct. 1, 2004; 69 FR 69287, Nov. 29, 2004; 72 FR 28454, May 21, 2007; 72 FR 59009, Oct. 18, 2007; 77 FR 41685, July 16, 2012]



</CITA>
</DIV8>


<DIV8 N="§ 914.16" NODE="30:3.0.1.18.90.0.1.4" TYPE="SECTION">
<HEAD>§ 914.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17, Indiana is required to submit for OSM's approval the following proposed program amendments by the dates specified.
</P>
<P>(a)-(ee) [Reserved] 
</P>
<CITA TYPE="N">[49 FR 20286, May 14, 1984]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 914.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 914.17" NODE="30:3.0.1.18.90.0.1.5" TYPE="SECTION">
<HEAD>§ 914.17   State regulatory program and proposed program amendment provisions not approved.</HEAD>
<P>(a) The amendment at Indiana Code 14-34-5-7(a) submitted on May 14, 1998, concerning permit revisions is hereby disapproved effective March 16, 1999.
</P>
<P>(b) The amendment at Indiana Code 14-34-5-8.2(4) submitted on May 14, 1998 concerning postmining land use changes is not approved effective August 15, 2001. 
</P>
<P>(c) The amendment at Indiana Code 14-34-5-8.4(c)(2)(K) submitted by Indiana on May 14, 1998, concerning minor field revisions of temporary cessation of mining is hereby disapproved effective March 16, 1999.
</P>
<P>(d) The amendment at 312 IAC 25-5-16 new subsections (d) through (j) submitted on December 6, 2006, concerning requirements for performance bond releases is not approved effective October 18, 2007.
</P>
<P>(e) The phrase “unless waived by all parties” contained in paragraph 312 IAC 25-5-16(j)(2) submitted on May 25, 2011, concerning performance bond releases, is not approved effective July 16, 2012.
</P>
<CITA TYPE="N">[64 FR 12896, Mar. 16, 1999, as amended at 66 FR 42750, Aug. 15, 2001; 77 FR 41685, July 16, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 914.20" NODE="30:3.0.1.18.90.0.1.6" TYPE="SECTION">
<HEAD>§ 914.20   Approval of Indiana abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Indiana abandoned mine land reclamation plan, as submitted on December 7, 1981, on July 26, 1982, effective July 29, 1982. Copies of the approved plan are available at:
</P>
<P>(a) Indiana Department of Natural Resources, Division of Reclamation, R.R. 2, Box 129, Jasonville, IN 47438-9517.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, Room 301, 575 North Pennsylvania Street, Indianapolis, IN 46204-1521.
</P>
<CITA TYPE="N">[64 FR 20166, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 914.25" NODE="30:3.0.1.18.90.0.1.7" TYPE="SECTION">
<HEAD>§ 914.25   Approval of Indiana abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 22, 1988</TD><TD align="left" class="gpotbl_cell">November 29, 1988</TD><TD align="left" class="gpotbl_cell">Project selection reclamation coordination, land acquisition, rights of entry, lien consideration, public participation, procurement, accounting systems, endangered and threatened species listing, revised administrative and management structure of the plan.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 6, 1991</TD><TD align="left" class="gpotbl_cell">May 11 and October 6, 1992</TD><TD align="left" class="gpotbl_cell">Revisions to the Indiana State Reclamation Plan corresponding to 30 CFR 884.13(c)(1), (2), (3), (5), (7), (d)(1), (e)(1), (2), (f)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 17, 1992</TD><TD align="left" class="gpotbl_cell">October 26, 1994</TD><TD align="left" class="gpotbl_cell">Emergency response reclamation program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 23, 1997</TD><TD align="left" class="gpotbl_cell">March 16, 1998</TD><TD align="left" class="gpotbl_cell">Indiana plan §§ 884.13(c)(2) through (7), (d)(1) through (3), (f)(2), (3); emergency response reclamation program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 2, 2004</TD><TD align="left" class="gpotbl_cell">September 14, 2004</TD><TD align="left" class="gpotbl_cell">IC 14-34-19-15.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 14, 2016</TD><TD align="left" class="gpotbl_cell">September 22, 2017</TD><TD align="left" class="gpotbl_cell">Abandoned Mine Land Reclamation Plan for the State of Indiana.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9940, Mar. 5, 1997, as amended at 63 FR 12652, Mar. 16, 1998; 69 FR 55352, Sept. 14, 2004; 69 FR 69287, Nov. 29, 2004; 82 FR 44317, Sept. 22, 2017]



</CITA>
</DIV8>


<DIV8 N="§ 914.30" NODE="30:3.0.1.18.90.0.1.8" TYPE="SECTION">
<HEAD>§ 914.30   State-Federal Cooperative Agreement.</HEAD>
<HD1>State-Federal Cooperative Agreement
</HD1>
<P>The Governor of the State of Indiana (Governor) and the Secretary of the Department of the Interior (Secretary) enter into a Cooperative Agreement (Agreement) to read as follows:
</P>
<EXTRACT>
<HD1>Article I: Introduction, Purposes and Responsible Agencies
</HD1>
<HD2>A. Authority
</HD2>
<P>This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under section 503 of SMCRA, 30 U.S.C. 1253, to elect to enter into an Agreement for the State regulation of surface coal mining and reclamation operations (including surface operations and surface impacts incident to underground mining operations) on Federal lands. This Agreement provides for State regulation of coal exploration operations not subject to 43 CFR part 3400 and surface coal mining and reclamation operations in Indiana on Federal lands (30 CFR Chapter VII Subchapter D), consistent with SMCRA and State and Federal laws governing such activities and the Indiana State Program (Program).
</P>
<HD2>B. Purposes
</HD2>
<P>The purposes of this Agreement are to (a) foster Federal-State cooperation in the regulation of surface coal mining and reclamation operations and coal exploration operations not subject to 43 CFR part 3400; (b) minimize intergovernmental overlap and duplication; and (c) provide uniform and effective application of the Program on all lands in Indiana in accordance with SMCRA, the Program, and this Agreement.
</P>
<HD2>C. Responsible Administrative Agencies
</HD2>
<P>The Natural Resource Commission (NRC) and the Division of Reclamation (DOR) of the Indiana Department of Natural Resources will be responsible for administering this Agreement on behalf of the Governor under the approved Indiana Regulatory Program. The Office of Surface and Mining Reclamation and Enforcement (OSM) will administer this Agreement on behalf of the Secretary.
</P>
<HD1>Article II: Effective Date
</HD1>
<P>After being signed by the Secretary and the Governor, this Agreement will take effect 30 days after publication in the <E T="04">Federal Register</E> as a final rule. This Agreement will remain in effect until terminated as provided in Article XI.
</P>
<HD1>Article III: Definitions
</HD1>
<P>The terms and phrases used in this Agreement which are defined in SMCRA, 30 CFR Parts 700, 701 and 740, the Program, including the OSM approved State Act (I.C. 14-34), and the rules and regulations promulgated pursuant to those Acts, will be given the meanings set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the Program will apply.
</P>
<HD1>Article IV: Applicability
</HD1>
<P>In accordance with the Federal lands program, the laws, regulations, terms and conditions of the Program are applicable to Federal lands in Indiana except as otherwise stated in this Agreement, SMCRA, 30 CFR 740.4, 740.11(a) and 745.13, and other applicable laws, Executive Orders, or regulations.
</P>
<HD1>Article V: General Requirements
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement.
</P>
<P>A. <I>Authority of State Agency:</I> DOR and NRC have and will continue to have the authority under State law to carry out this Agreement.
</P>
<P>B. <I>Funds:</I> 1. Upon application by DOR and subject to appropriations, OSM will provide the State with the funds to defray the costs associated with carrying out its responsibilities under this Agreement as provided in section 705(c) of SMCRA, the grant agreement, and 30 CFR 735.16. Such funds will cover the full cost incurred by DOR and NRC in carrying out these responsibilities, provided that such cost does not exceed the estimated cost the Federal government would have expended on such responsibilities in the absence of this Agreement.
</P>
<P>2. OSM's Indianapolis Field Office and OSM's Mid-Continent Region Coordinating Center office will work with DOR to estimate the amount the Federal government would have expended for regulation of Federal lands in Indiana in the absence of this Agreement.
</P>
<P>3. OSM and the State will discuss the OSM Federal lands cost estimate. After resolution of any issues, DOR will include the Federal lands cost estimate in the State's annual regulatory grant application submitted to OSM's Indianapolis Field Office.
</P>
<P>The State may use the existing year's budget totals, adjusted for inflation and workload considerations in estimated regulatory costs for the following grant year. OSM will notify DOR as soon as possible if such projections are not acceptable.
</P>
<P>4. If DOR applies for a grant but sufficient funds have not been appropriated to OSM, OSM and DOR will promptly meet to decide on appropriate measures that will insure that surface coal mining and reclamation operations on Federal lands in Indiana are regulated in accordance with the Program. If agreement cannot be reached, either party may terminate the Agreement in accordance with Article XI of this Agreement.
</P>
<P>5. Funds provided to the DOR under this Agreement will be adjusted in accordance with Office of Management and Budget Common Rule for Uniform Administration Requirements for Grants and Cooperative Agreements to State and Local Governments.
</P>
<P>C. <I>Reports and Records:</I> DOR will make annual reports to OSM containing information with respect to compliance with the terms of this Agreement pursuant to 30 CFR 745.12(d). Upon request, DOR and OSM will exchange information developed under this Agreement, except where prohibited by Federal or State law.
</P>
<P>OSM will provide DOR with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement. DOR comments on the report will be appended before transmission to the Congress, unless necessary to respond to a request by a date certain, or to other interested parties.
</P>
<P>D. <I>Personnel:</I> Subject to adequate appropriations and grant awards, the DOR will maintain the necessary personnel to fully implement this Agreement in accordance with the provisions of SMCRA, the Federal lands program, and the Program.
</P>
<P>E. <I>Equipment and Laboratories:</I> Subject to adequate appropriations and grant awards, the DOR will assure itself access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses can be performed which are necessary to carry out the requirements of the Agreement.
</P>
<P>F. <I>Permit Application Fees and Civil Penalties:</I> The amount of the fee accompanying an application for a permit for surface coal mining and reclamation operations on Federal lands in Indiana will be determined in accordance with the approved Indiana Program. All permit fees, civil penalties and fines collected from operations on Federal lands will be retained by the State and will be deposited within the Natural Resources Reclamation Division Fund. Permit fees will be considered program income. Civil penalties and fines will not be considered program income. The financial status report submitted pursuant to 30 CFR 735.26 will include a report of the amount of fees, penalties, and fines collected on such permits during the State's prior fiscal year.
</P>
<HD1>Article VI: Review of Permit Application Package
</HD1>
<HD2>A. Submission of Permit Application Package:
</HD2>
<P>1. DOR and the Secretary require an applicant proposing to conduct surface coal mining and reclamation operations on Federal lands covered by this Agreement to submit a permit application package (PAP) in an appropriate number of copies to DOR. DOR will furnish OSM and other Federal agencies with an appropriate number of copies of the PAP. The PAP will be in the form required by DOR and will include any supplemental information required by OSM, the Federal land management agency, and other agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP.
</P>
<P>At a minimum, the PAP will satisfy the requirements of 30 CFR 740.13(b) and include the information necessary for DOR to make a determination of compliance with the Program and for OSM and the appropriate Federal agencies to make determinations of compliance with applicable requirements of SMCRA, the Federal lands program, and other Federal laws, Executive Orders, and regulations for which they are responsible.
</P>
<P>2. For any outstanding or pending permit applications on Federal lands being processed by OSM prior to the effective date of this Agreement, OSM will maintain sole permit decision responsibility. After the final decision, all additional responsibilities shall pass to DOR pursuant to the terms of this Agreement along with any attendant fees, fines, or civil penalties therefrom.
</P>
<HD2>B. Review Procedures Where There is No Leased Federal Coal Involved:
</HD2>
<P>1. DOR will assume the responsibilities for review of PAPs where there is no leased Federal coal to the extent authorized in 30 CFR 740.4(c)(1), (2), (4), (6) and (7). In addition to consultation with the Federal land management agency pursuant to 30 CFR 740.4(c)(2), DOR will be responsible for obtaining, except for non-significant revisions, the comments and determinations of other Federal agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. DOR will request such Federal agencies to furnish their findings or any requests for additional information to DOR within 45 calendar days of the date of receipt of the PAP. OSM will assist DOR in obtaining this information, upon request. Responsibilities and decisions which can be delegated to DOR under other applicable Federal laws may be specified in working agreements between OSM and the State, with the concurrence of any Federal agency involved, and without amendment to this Agreement.
</P>
<P>2. DOR will assume responsibility for the analysis, review and approval, disapproval, or conditional approval of the permit application component of the PAP required by 30 CFR 740.13 for surface coal mining and reclamation operations in Indiana on Federal lands not requiring a mining plan pursuant to the Mineral Leasing Act (MLA). DOR will review the PAP for compliance with the Program and the OSM approved State Act and regulations. DOR will be the primary point of contact for applicants regarding decisions on the PAP and will be responsible for informing the applicant of determinations.
</P>
<P>3. The Secretary will make his determinations under SMCRA that cannot be delegated to the State. Some of which have been delegated to OSM.
</P>
<P>4. OSM and DOR will coordinate with each other during the review process as needed. OSM will provide technical assistance to DOR when requested, if available resources allow. DOR will keep OSM informed of findings made during the review process which bear on the responsibilities of OSM or other Federal agencies. OSM may provide assistance to DOR in resolving conflicts with Federal land management agencies. OSM will be responsible for ensuring that any information OSM receives from an applicant is promptly sent to DOR. OSM will have access to DOR files concerning operations on Federal lands. OSM will send to DOR copies of all resulting correspondence between OSM and the applicant that may have a bearing on decisions regarding the PAP. The Secretary reserves the right to act independently of DOR to carry out his responsibilities under laws other than SMCRA.
</P>
<P>5. DOR will make a decision on approval, disapproval or conditional approval of the permit on Federal lands.
</P>
<P>(a) Any permit issued by DOR will incorporate any lawful terms or conditions imposed by the Federal land management agency, including conditions relating to post-mining land use, and will be conducted in compliance with the requirements of the Federal land management agency.
</P>
<P>(b) The permit will include lawful terms and conditions required by other applicable Federal laws and regulations.
</P>
<P>(c) After making its decision on the PAP, DOR will send a notice to the applicant, OSM, the Federal land management agency, and any agency with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. A copy of the permit and written findings will be submitted to OSM upon request.
</P>
<HD2>C. Review Procedures Where Leased Federal Coal Is involved:
</HD2>
<P>1. DOR will assume the responsibilities listed in 30 CFR 740.4(c)(1), (2), (3), (4), (6) and (7), to the extent authorized.
</P>
<P>In accordance with 30 CFR 740.4(c)(1), DOR will assume responsibility for the analysis, review and approval, disapproval, or conditional approval of the permit application component of the PAP for surface coal mining and reclamation operations in Indiana where a mining plan is required, including applications for revisions, renewals and transfer sale and assignment of such permits. OSM will, at the request of the State, assist to the extent possible in this analysis and review.
</P>
<P>DOR will be the primary point of contact for applicants regarding the review of the PAP for compliance with the Program and State law and regulations.
</P>
<P>DOR will be responsible for informing the applicant of all joint State-Federal determinations.
</P>
<P>DOR will to the extent authorized, consult with the Federal land management agency and the Bureau of Land Management (BLM) pursuant to 30 CFR 740.4(c)(2) and (3), respectively. On matters concerned exclusively with regulations under 43 CFR part 3480, Subparts 3480 through 3487, BLM will be the primary contact with the applicant. BLM will inform DOR of its actions and provide DOR with a copy of documentation on all decisions.
</P>
<P>DOR will send the OSM copies of any correspondence with the applicant and any information received from the applicant regarding the PAP. OSM will send to DOR copies of all correspondence with the applicant which may have a bearing on the PAP. As a matter of practice, OSM will not independently initiate contacts with applicants regarding completeness or deficiencies of the PAP with respect to matters covered by the Program.
</P>
<P>DOR will also be responsible for obtaining the comments and determinations of other Federal agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. DOR will request all Federal agencies to furnish their findings or any requests for additional information to DOR within 45 days of the date of receipt of the PAP. OSM will assist DOR in obtaining this information, upon request of DOR.
</P>
<P>DOR will be responsible for approval and release of performance bonds under 30 CFR 740.4(c)(4) in accordance with Article IX of this Agreement, and for review and approval under 30 CFR 740.4(c)(6) of exploration operations not subject to 43 CFR part 3480, Subparts 3480-3487.
</P>
<P>DOR will prepare documentation to comply with the requirements of NEPA under 30 CFR 740.4(c)(7); however, OSM will retain the responsibility for the exceptions in 30 CFR 740.4(c)(7)(i)-(vii).
</P>
<P>2. The Secretary will concurrently carry out his responsibilities under 30 CFR 740.4(a) that cannot be delegated to DOR under the Federal lands program, MLA, the National Environmental Policy Act (NEPA), this Agreement, and other applicable Federal laws. The Secretary will carry out these responsibilities in a timely manner and will avoid to the extent possible, duplication of the responsibilities of the State as set forth in this Agreement and the Program. The Secretary will consider the information in the PAP and, where appropriate, make decisions required by SMCRA, MLA, NEPA, and other Federal laws.
</P>
<P>Responsibilities and decisions which can be delegated to the State under other applicable Federal laws may be specified in working agreements between OSM and DOR, with concurrence of any Federal agency involved, and without amendment to this Agreement.
</P>
<P>Where necessary to make the determination to recommend that the Secretary approve the mining plan, OSM will consult with and obtain the concurrences of the BLM, the Federal land management agency and other Federal agencies as required.
</P>
<P>The Secretary reserves the right to act independently of DOR to carry out his responsibilities under laws other than SMCRA or provisions of SMCRA not covered by the Program, and in instances of disagreement over SMCRA and the Federal lands program.
</P>
<P>3. OSM will assist DOR in carrying out DOR's responsibilities by:
</P>
<P>(a) Coordinating resolution of conflicts and difficulties between DOR and other Federal agencies in a timely manner.
</P>
<P>(b) Assisting in scheduling joint meetings, upon request, between State and Federal agencies.
</P>
<P>(c) Where OSM is assisting DOR in reviewing the PAP, furnishing to DOR the work product within 50 calendar days of receipt of the State's request for such assistance, unless a different time is agreed upon by OSM and DOR.
</P>
<P>(d) Exercising its responsibilities in a timely manner, governed to the extent possible by the deadlines established in the Program.
</P>
<P>4. Review of the PAP:
</P>
<P>(a) OSM and DOR will coordinate with each other during the review process as needed. DOR will keep OSM informed of findings and technical analyses made during the review process which bear on the responsibilities of OSM or other Federal agencies. OSM will ensure that any information it receives which has a bearing on decisions regarding the PAP is promptly sent to DOR.
</P>
<P>(b) DOR will review the PAP for compliance with the Program and State law and regulations.
</P>
<P>(c) OSM will review the operation and reclamation plan portion of the permit application, and any other appropriate portions of the PAP for compliance with the non-delegable responsibilities of SMCRA and for compliance with the requirements of other Federal laws and regulations.
</P>
<P>(d) OSM and DOR will develop a work plan and schedule for PAP review and each will identify a person as the project leader. The project leaders will serve as the primary points of contact between OSM and DOR throughout the review process. Not later than 50 days after receipt of the PAP, unless a different time is agreed upon, OSM will furnish DOR with its review comments on the PAP and specify any requirements for additional data. To the extent practicable, DOR will provide OSM all available information that may aid OSM in preparing any findings.
</P>
<P>(e) DOR will prepare a State decision package, including written findings and supporting documentation, indicating whether the PAP is in compliance with the Program. The review and finalization of the State decision package will be conducted in accordance with procedures for processing PAPs agreed upon by DOR and OSM.
</P>
<P>(f) DOR may make a decision on approval or disapproval of the permit on Federal lands in accordance with the Program prior to the necessary Secretarial decision on the mining plan, provided that DOR advises the operator in the permit that Secretarial approval of the mining plan must be obtained before the operator may conduct coal development or mining operations on the Federal lease. DOR will reserve the right to amend or rescind any requirements of the permit to conform with any terms or conditions imposed by the Secretary in his approval of the mining plan.
</P>
<P>(g) The permit will include, as applicable, terms and conditions required by the lease issued pursuant to the MLA and by any other applicable Federal laws and regulations, including conditions imposed by the Federal land management agency relating to post-mining land use, and those of other affected agencies, and will be conditioned on compliance with the requirements of the Federal land management agency with jurisdiction.
</P>
<P>(h) After making its decision on the PAP, DOR will send a notice to the applicant, OSM, the Federal land management agency, and any agency with jurisdiction or responsibility over Federal land affected by operations proposed in the PAP. A copy of the written findings and the permit will also be submitted to OSM.
</P>
<P>5. OSM will provide technical assistance to DOR when requested, if available resources allow. OSM will have access to DOR files concerning operations on Federal lands.
</P>
<HD2>D. Review Procedures for Permit Revisions; Renewals; and Transfer Assignment or Sate of Permit Rights:
</HD2>
<P>1. Any permit revision or renewal for an operation on Federal lands will be reviewed and approved or disapproved by DOR after consultation with OSM on whether such revision or renewal constitutes a mining plan modification pursuant to 30 CFR 746.18. OSM will inform DOR within 30 days of receiving a copy of a proposed revision or renewal, whether the permit revision, or renewal constitutes a mining plan modification. Where approval of a mining plan modification is required, OSM and DOR will follow the procedures outlined in paragraphs C.1. through C.5. of this Article.
</P>
<P>2. OSM may establish criteria consistent with 30 CFR 746.18 to determine which permit revisions and renewals clearly do not constitute mining plan modifications.
</P>
<P>3. Permit revisions or renewals on Federal lands which are determined by OSM not to constitute mining plan modifications under paragraph D.1. of this Article or that meet the criteria for not being mining plan modifications as established under paragraph D.2. of this Article will be reviewed and approved following the procedures set forth under Indiana law and the State Program and paragraphs B.1. through B.5. of this Article.
</P>
<P>4. Transfer, assignment or sale of permit rights on Federal lands shall be processed in accordance with Indiana law and the State Program and 30 CFR 740.13(e).
</P>
<HD1>Article VII: Inspections
</HD1>
<P>A. DOR will conduct inspections on Federal lands in accordance with 30 CFR 740.4(c)(5) and prepare and file inspection reports in accordance with the Program.
</P>
<P>B. DOR will, subsequent to conducting any inspection pursuant to 30 CFR 740.4(c)(5), and on a timely basis, file with OSM a legible copy of the completed State inspection report.
</P>
<P>C. DOR will be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by the Agreement, except as described hereinafter. Nothing in this Agreement will prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement. The Department of the Interior may conduct any inspections necessary to comply with 30 CFR parts 842 and 843 and its obligations under laws other than SMCRA.
</P>
<P>D. OSM will give DOR reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to provide State inspectors with an opportunity to join in the inspection.
</P>
<P>When OSM is responding to a citizen complaint of an imminent danger to the public health and safety, or of significant, imminent environmental harm to land, air or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it will contact DOR no less than 24 hours prior to the Federal inspection, if practicable, to facilitate a joint Federal/State inspection. All citizen complaints which do not involve an imminent danger or significant, imminent environmental harm will be referred to DOR for action. The Secretary reserves the right to conduct inspections without prior notice to DOR to carry out his responsibilities under SMCRA.
</P>
<HD1>Article VIII: Enforcement
</HD1>
<P>A. DOR will have primary enforcement authority under SMCRA concerning compliance with the requirements of the Agreement and the Program in accordance with 30 CFR 740.4(c)(5). Enforcement authority given to the Secretary under other Federal laws and Executive orders including, but not limited to, those listed in appendix A (attached) is reserved to the Secretary.
</P>
<P>B. During any joint inspection by OSM and DOR, DOR will have primary responsibility for enforcement procedures, including issuance of orders of cessation, notices of violation, and assessment of penalties. DOR will inform OSM prior to issuance of any decision to suspend or revoke a permit on Federal lands.
</P>
<P>C. During any inspection made solely by OSM or any joint inspection where DOR and OSM fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to comply with 30 CFR parts 843, 845, and 846. Such enforcement action will be based on the standards in the Program, SMCRA, or both, and will be taken using the procedures and penalty system contained in 30 CFR parts 843, 845, and 846.
</P>
<P>D. DOR and OSM will promptly notify each other of all violations of applicable laws, regulations, orders, or approved mining permits subject to this Agreement, and of all actions taken with respect to such violations
</P>
<P>E. Personnel of DOR and the Department of the Interior, including OSM, will be mutually available to serve as witness in enforcement actions taken by either party.
</P>
<P>F. This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other than SMCRA.
</P>
<HD1>Article IX: Bonds
</HD1>
<P>A. DOR and the Secretary will require each operator who conducts operations on Federal lands to submit a performance bond payable to the State of Indiana and the United States to cover the operator's responsibilities under SMCRA and the Program. Such performance bond will be conditioned upon compliance with all requirements of the SMCRA, the Program, State rules and regulations, and any other requirements imposed by the Secretary or the Federal land management agency. Such bond will provide that if this Agreement is terminated, the portion of the bond covering the Federal lands will be payable only to the United States. DOR will advise OSM of annual adjustments to the performance bond pursuant to the Program.
</P>
<P>B. Performance bonds will be subject to release and forfeiture in accordance with the procedures and requirements of the Program. Where surface coal mining and reclamation operations are subject to an approved mining plan, a performance bond shall be released by the State after the release is concurred in by OSM.
</P>
<P>C. Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43 CFR subpart3474 or lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of SMCRA.
</P>
<HD1>Article X: Designating Land Areas Unsuitable for all or Certain Types of Surface Coal Mining and Reclamation Operations and Activities and Valid Existing Rights (VER) and Compatibility Determinations
</HD1>
<HD2>A. Unsuitability Petitions
</HD2>
<P>1. Authority to designate Federal lands as unsuitable for mining pursuant to a petition, including the authority to make substantial legal and financial commitment determinations pursuant to section 522(a)(6) of SMCRA, is reserved to the Secretary.
</P>
<P>2. When either DOR or OSM receives a petition to designate land areas unsuitable for all or certain types of surface coal mining operations that could impact adjacent Federal or non-Federal lands pursuant to section 522(c) of SMCRA, the agency receiving the petition will notify the other of its receipt and the anticipated schedule for reaching a decision, and request and fully consider data, information and recommendations of the other. OSM will coordinate with the Federal land management agency with jurisdiction over the petition area, and will solicit comments from the agency.
</P>
<HD2>B. Valid Existing Rights and Compatibility Determinations
</HD2>
<P>The following actions will be taken when requests for determinations of VER pursuant to section 522(e) of SMCRA or for determinations of compatibility pursuant to section 522(e)(2) of SMCRA, and received prior to or at the time of submission of a PAP that involves surface coal mining and reclamation operations and activities:
</P>
<P>1. For Federal lands within the boundaries of any areas specified under section 522(e)(1) of SMCRA, OSM will determine whether VER exists for such areas.
</P>
<P>For private in holdings within section 522(e)(1) areas, DOR, with the consultation and concurrence of OSM, will determine whether surface coal mining operations on such lands will or will not affect the Federal interest (Federal lands as defined in section 701(4) of SMCRA). OSM will process VER determination requests on private in holdings within the boundaries of section 522(e)(1) areas where surface coal mining operations affects the Federal interest.
</P>
<P>2. For Federal lands within the boundaries of any national forest where proposed operations are prohibited or limited by section 522(e)(2) of SMCRA and 30 CFR 761.11(b), OSM will make the VER determinations. OSM will process requests for determinations of compatibility under section 522(e)(2) of SMCRA.
</P>
<P>3. For Federal lands, DOR will determine whether any proposed operation will adversely affect any publicly owned park and, in consultation with the State Historic Preservation Officer, places listed in the National Register of Historic Sites, with respect to the prohibitions or limitations of section 522(e)(3) of SMCRA. DOR will make the VER determination for such lands using the State Program. DOR will coordinate with any affected agency or agency with jurisdiction over the proposed surface coal mining and reclamation operations.
</P>
<P>In the case that VER is determined not to exist under section 522(e)(3) of SMCRA or 30 CFR 761.11(c), no surface coal mining operations will be permitted unless jointly approved by DOR and the Federal, State or local agency with jurisdiction over the publicly owned park or historic place.
</P>
<P>4. DOR will process and make determinations of VER on Federal lands, using the State Program, for all areas limited or prohibited by section 522(e)(4) and (5) of SMCRA as unsuitable for mining. For operations on Federal lands, DOR will coordinate with any affected agency or agency with jurisdiction over the proposed surface coal mining and reclamation operation.
</P>
<HD1>Article XI: Termination of Cooperative Agreement
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement
</HD1>
<P>If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIV: Changes in State or Federal Standards
</HD1>
<P>A. The Secretary or the Governor may from time to time promulgate new or revised performance or reclamation requirements or enforcement and administration procedures. Each party will, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations or request necessary legislative action. Such changes will be made under the procedures of 30 CFR part 732 for changes to the Program and under the procedures of section 501 of SMCRA for changes to the Federal lands program.
</P>
<P>B. DOR and the Secretary will provide each other with copies of any changes to their respective laws, rules, regulations or standards pertaining to the enforcement and administration of this Agreement.
</P>
<HD1>Article XV: Changes in Personnel and Organization
</HD1>
<P>Each party to this Agreement will notify the other, when necessary, of any changes in personnel, organization and funding, or other changes that may affect the implementation of this Agreement to ensure coordination of responsibilities and facilitate cooperation.
</P>
<HD1>Article XVI: Reservation of Rights
</HD1>
<P>This Agreement will not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under laws other than SMCRA or their regulations including but not limited to those listed in appendix A. 
</P>
<P>Dated: October 26, 1999.
</P>
<FP><B>Frank O'Bannon,</B>
</FP>
<FP><I>Governor of Indiana.</I>
</FP>
<FP><B>Bruce Babbitt,</B>
</FP>
<FP><I>Secretary of the Interior.</I>
</FP>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations, including 43 CFR part 3480.
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500.
</P>
<P>4. The Endangered Species Act, as amended, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402.
</P>
<P>5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 <I>et seq.;</I> 48 Stat. 401.
</P>
<P>6. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800.
</P>
<P>7. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations.
</P>
<P>8. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations.
</P>
<P>9. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations.
</P>
<P>10. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. <I>et seq.</I>
</P>
<P>11. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands.
</P>
<P>12. Executive Order 11988 (May 24, 1977), for flood plain protection.
</P>
<P>13. Executive Order 11990 (May 24, 1977), for wetlands protection.
</P>
<P>14. The Mineral Leasing Act for Acquired Lands, 30 U.S. 351 <I>et seq.,</I> and implementing regulations.
</P>
<P>15. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I>
</P>
<P>16. The Constitution of the United States.
</P>
<P>17. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 <I>et seq.</I>
</P>
<P>18. 30 CFR Chapter VII.
</P>
<P>19. The Constitution of the State of Indiana.
</P>
<P>20. Indiana Surface Coal Mining and Reclamation Act (P.L. 1-1995, SEC. 27) at Ind. Code 14-34 <I>et seq.</I>
</P>
<P>21. Indiana Department of Natural Resources, Coal Mining and Reclamation Operations, Rules and Regulations, 310 Ind. Admin. Code 12.</P></EXTRACT>
<CITA TYPE="N">[64 FR 70580, Dec. 17, 1999]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="915" NODE="30:3.0.1.18.91" TYPE="PART">
<HEAD>PART 915—IOWA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 915.1" NODE="30:3.0.1.18.91.0.1.1" TYPE="SECTION">
<HEAD>§ 915.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Iowa which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[46 FR 5891, Jan. 21, 1981]


</CITA>
</DIV8>


<DIV8 N="§ 915.10" NODE="30:3.0.1.18.91.0.1.2" TYPE="SECTION">
<HEAD>§ 915.10   State regulatory program approval.</HEAD>
<P>The Secretary approved the Iowa regulatory program, as submitted February 28, 1980, and amended and clarified on June 11, 1980, and December 15, 1980, effective April 10, 1981. Copies of the approved program are available at:
</P>
<P>(a) Iowa Department of Agriculture and Land Stewardship, Division of Soil Conservation, Henry A. Wallace Building, E. 9th and Grand Streets, Des Moines, IA 50319.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.
</P>
<CITA TYPE="N">[64 FR 20166, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 915.15" NODE="30:3.0.1.18.91.0.1.3" TYPE="SECTION">
<HEAD>§ 915.15   Approval of Iowa regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 1, 1981</TD><TD align="left" class="gpotbl_cell">May 26, 1982</TD><TD align="left" class="gpotbl_cell">IAC 780-4.6(8), 4.35(13).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 3, 1982</TD><TD align="left" class="gpotbl_cell">September 8, 1982</TD><TD align="left" class="gpotbl_cell">IC 83-14.2, .7(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 28, 1982</TD><TD align="left" class="gpotbl_cell">January 4, 1983</TD><TD align="left" class="gpotbl_cell">IAC 4.311(2); 4.322(13); 4.522(11); 4.523(15), (38), (60); 4.55(1), (5).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 9, 1984</TD><TD align="left" class="gpotbl_cell">December 7, 1984</TD><TD align="left" class="gpotbl_cell">IAC 4.523(63), 4.322(14).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 31, 1985</TD><TD align="left" class="gpotbl_cell">May 24, 1985</TD><TD align="left" class="gpotbl_cell">IAC 780-4.6(83), .42(1)(83).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 25 and 26, 1985</TD><TD align="left" class="gpotbl_cell">May 9, 1986</TD><TD align="left" class="gpotbl_cell">IAC 780-4.6(1), (4), .35(1), (6), .37(2), .321(8), .361(9); and 780-Chapter 26.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 16, 1986</TD><TD align="left" class="gpotbl_cell">October 7, 1986</TD><TD align="left" class="gpotbl_cell">Iowa Senate File 2175: State Government Reorganization Bill. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 12, 1986</TD><TD align="left" class="gpotbl_cell">December 11, 1986</TD><TD align="left" class="gpotbl_cell">IAC 4.522(15)c, g.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 28, 1987</TD><TD align="left" class="gpotbl_cell">October 7, 1987</TD><TD align="left" class="gpotbl_cell">I.C. 83.7.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 9, 1988.</TD><TD align="left" class="gpotbl_cell">December 9, 1988</TD><TD align="left" class="gpotbl_cell">I.C. 83.26.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 26, 1990</TD><TD align="left" class="gpotbl_cell">November 6, 1991</TD><TD align="left" class="gpotbl_cell">IAC 27-40.1 through .7, .11, .12, .13, .21, .22, .23, .30 through .39, .41, .51, .61 through .68, .71 through .74, .81, .82, .91 through .99.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 23, 1992</TD><TD align="left" class="gpotbl_cell">February 8, 1994</TD><TD align="left" class="gpotbl_cell">IAC 27-40.1, .3 through .7, .11, .12, .13, .21, .22, .23, .30 through .39, .41, .51, .61 through .68, .71, .73, .74, .75, .81, .82, .92.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 13, 1994</TD><TD align="left" class="gpotbl_cell">April 6, 1995</TD><TD align="left" class="gpotbl_cell">IAC 27-40.3(207), .4(9), .31(14), .32(207), .51(7), .63(20), .74(3), .75(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 4, 1996</TD><TD align="left" class="gpotbl_cell">April 7, 1997</TD><TD align="left" class="gpotbl_cell">IAC 40.4(10); .38 (2) and (3); 64 (6) through (9).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 28, 1998</TD><TD align="left" class="gpotbl_cell">November 26, 1999</TD><TD align="left" class="gpotbl_cell">Revegetation Success Guidelines dated April 1999 (partial approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 17, 2001</TD><TD align="left" class="gpotbl_cell">December 27, 2001</TD><TD align="left" class="gpotbl_cell">Sections III.H, IV.E, and V.A.2(l) of Iowa's April 1999 Revegetation Success Standards and Statistically Valid Sampling Techniques.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 14, 2002</TD><TD align="left" class="gpotbl_cell">November 6, 2002</TD><TD align="left" class="gpotbl_cell">IAC 27-40.71(207).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 24, 2004</TD><TD align="left" class="gpotbl_cell">June 1, 2004</TD><TD align="left" class="gpotbl_cell">IAC 27—40.1(1), 40.1(4); 40.3(207); 40.4(207), 40.4(2), 40.4(3), 40.4(9), 40.4(11); 40.5(207); 40.6(207), 40.6(2); 40.7(207); 40.11(207); 40.12(207); 40.13(207); 40.21(207), 40.21(4) through 40.21(6); 40.22(207), 40.22(2); 40.23(207); 40.30(207), 40.30(1), 40.30(4); 40.31(207), 40.31(1) through 40.31(9), 40.31(12) through 40.31(15); 40.32(207), 40.32(1), 40.32(2), 40.32(4); 40.33(207); 40.34(207), 40.34(2), 40.34(3); 40.35(207), 40.35(3); 40.36(207); 40.37(207), 40.37(4); 40.38(207), 40.38(2), 40.38(3); 40.39(207); 40.41(207); 40.51(207); 40.61(207), 40.61(4); 40.62(207); 40.63(207), 40.63(6), 40.63(9); 40.64(207), 40.64(4), 40.64(6); 49.65(207); 40.66(207); 40.67(207); 40.71(207); 40.73(2)g, 40.73(4)d; 40.74(207), 40.74(9); 40.75(207), 40.75(2); 40.81(207); 40.82(207); 40.92(8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 27, 2004</TD><TD align="left" class="gpotbl_cell">May 3, 2005</TD><TD align="left" class="gpotbl_cell">Section III.F and Section IV.A and G of Iowa's April 1999 Revegetation Success Standards and Statistically Valid Sampling Techniques.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 19, 2005</TD><TD align="left" class="gpotbl_cell">January 31, 2006</TD><TD align="left" class="gpotbl_cell">IAC 27C40.41(3) and 40.41(4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 25, 2011</TD><TD align="left" class="gpotbl_cell">May 2, 2012</TD><TD align="left" class="gpotbl_cell">Sections: IAC 27-40.1(17A, 207)(1); 40.3(207); 40.4(207); 40.5(207); 40.6(207); 40.7(207); 40.11(207); 40.12(207); 40.13(207); 40.21(207)(3) and (7); 40.22(207)(1); 40.23(207); 40.30(207); 40.31(207) (9), (10), and (11); 40.32(207)(7); 40.33(207); 40.34(207); 40.35(207); 40.36(207)(2); 40.37(207); 40.38(207)(6); 40.39(207)(2) and (3); 40.41(207); 40.51(207); 40.61(207); 40.62(207); 40.63(207); 40.64(207); 40.65(207); 40.66(207); 40.67(207); 40.71(207); 40.74(207); 40.75(207); 40.81(207); 40.82(207); 40.91(17A, 207); 40.92(17A, 207)(8); 40.93(17A, 207); 40.94(17A, 207); 40.95(17A, 207); 40.96(17A, 207); 40.97(17A, 207); 40.98(17A, 207); and 40.99(17A, 207). </TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9940, Mar. 5, 1997, as amended at 62 FR 16492, Apr. 7, 1997; 64 FR 66390, Nov. 26, 1999; 66 FR 66747, Dec. 27, 2001; 67 FR 67524, Nov. 6, 2002; 69 FR 30825, June 1, 2004; 70 FR 22794, May 3, 2005; 71 FR 5007, Jan. 31, 2006; 77 FR 25871, May 2, 2012]



</CITA>
</DIV8>


<DIV8 N="§ 915.16" NODE="30:3.0.1.18.91.0.1.4" TYPE="SECTION">
<HEAD>§ 915.16   Required program amendments. [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 915.20" NODE="30:3.0.1.18.91.0.1.5" TYPE="SECTION">
<HEAD>§ 915.20   Approval of Iowa abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Iowa abandoned mine land reclamation plan, as submitted on December 17, 1982, effective March 28, 1983. Copies of the approved plan are available at:
</P>
<P>(a) Iowa Department of Agriculture and Land Stewardship, Division of Soil Conservation, Henry A. Wallace Building, E. 9th and Grand Streets, Des Moines, IA 50319.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.
</P>
<CITA TYPE="N">[64 FR 20167, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 915.25" NODE="30:3.0.1.18.91.0.1.6" TYPE="SECTION">
<HEAD>§ 915.25   Approval of Iowa abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all or portions of these amendments were published in the <E T="04">Federal Register,</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in the order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 14, 2002</TD><TD align="left" class="gpotbl_cell">December 5, 2002</TD><TD align="left" class="gpotbl_cell">Emergency response reclamation program; AMLR Plan sections I. through IV., V.B. and C.; Iowa Code (IC) 207.21 subsection 2.a.(2) through 2.b. and subsection 3.d.; 207.23; and 207.29.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[67 FR 72379, Dec. 5, 2002]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="916" NODE="30:3.0.1.18.92" TYPE="PART">
<HEAD>PART 916—KANSAS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> 


</PSPACE></AUTH>

<DIV8 N="§ 916.1" NODE="30:3.0.1.18.92.0.1.1" TYPE="SECTION">
<HEAD>§ 916.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Kansas which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[46 FR 5898, Jan. 21, 1981]


</CITA>
</DIV8>


<DIV8 N="§ 916.10" NODE="30:3.0.1.18.92.0.1.2" TYPE="SECTION">
<HEAD>§ 916.10   State regulatory program approval.</HEAD>
<P>The Secretary conditionally approved the Kansas regulatory program, as submitted on February 26, 1980, and amended on October 31, 1980, effective January 21, 1981. He fully approved the Kansas program, as amended on May 20, 1981, effective April 14, 1982. Copies of the approved program are available at:
</P>
<P>(a) Kansas Department of Health and Environment, Surface Mining Section, 4033 Parkview Drive, Frontenac, KS 66763.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.
</P>
<CITA TYPE="N">[64 FR 20167, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 916.12" NODE="30:3.0.1.18.92.0.1.3" TYPE="SECTION">
<HEAD>§ 916.12   State regulatory program and proposed program amendment provisions not approved.</HEAD>
<P>(a) The following provisions of the Kansas Administrative Regulations (K.A.R.) as submitted on April 23, 1986, and January 26, 1988, are disapproved: Paragraphs (c) and (d) of K.A.R. 47-9-1 insofar as they incorporate by reference 30 CFR 816.133(d) and 817.133(d), which establish criteria for variances from approximate original contour requirements.
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[53 FR 39470, Oct. 7, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 916.15" NODE="30:3.0.1.18.92.0.1.4" TYPE="SECTION">
<HEAD>§ 916.15   Approval of Kansas regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 20, 1981</TD><TD align="left" class="gpotbl_cell">April 14, 1982</TD><TD align="left" class="gpotbl_cell">MLCRA 49-411, 412, 413, 414, 416, 421, 49-422, 422a, 430.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 16, 1982</TD><TD align="left" class="gpotbl_cell">March 1, 1983</TD><TD align="left" class="gpotbl_cell">MLCRA 49-403, 49-405c, 49-406, 49-420; § 10 of House Bill 2182; K.A.R. 47-2-21, 47-8-10, 47-8-11.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 16, 1984</TD><TD align="left" class="gpotbl_cell">June 8, 1984</TD><TD align="left" class="gpotbl_cell">MLCRA 49-406; K.A.R. 47-1-10.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 21, 1984</TD><TD align="left" class="gpotbl_cell">April 11, 1985</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-15-13.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 4, 1985</TD><TD align="left" class="gpotbl_cell">November 15, 1985</TD><TD align="left" class="gpotbl_cell">K.S.A 1984 Supp. 49-406(g); K.A.R. 47-1-11; 47-2-75; 47-3-42, (a)(23), (45); 47-5; 47-8-9(a), (j); 47-9-1, 2, 3; 47-13-4, 5, 6; 47-15; Memoranda of understanding with Fish and Game Commission, Division of Water Resources, Department of Health and Environment, State Geological Survey, State Historical Society, State Water Office, State Conservation Commission and State Fire Marshal.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 23, 1986</TD><TD align="left" class="gpotbl_cell">May 26, 1987</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-1-4; 47-2-7, 17, 44, 53, a, 75; 47-3-2, 3, a, 4, 21, 40, 42; 47-4-14, 15; 47-6-3, 4, 5, 6; 47-7-2; 47-8-2, 9, a, 10; 47-9-1, 3, 4; 47-10-1; 47-11-8; 47-12-4; 47-15-1a.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 5, 1987</TD><TD align="left" class="gpotbl_cell">December 31, 1987</TD><TD align="left" class="gpotbl_cell">K.S.A. 49-431; K.A.R. 47-9-1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 29, 1988</TD><TD align="left" class="gpotbl_cell">October 5, 1988</TD><TD align="left" class="gpotbl_cell">K.S.A. 49-402, 404, 405, a through d; 407 through 410, 413, 415, 416, a, 417, 420, 421a, 426 through 429, 432, 433; K.S.A. 1987 Supplement 49-403, 406, 422a.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 26, 1988</TD><TD align="left" class="gpotbl_cell">October 7, 1988</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-2-75; 47-3-42(a); 47-7-2; 47-9-1 (c), (d); 47-10-1; 47-12-4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 8, 1990</TD><TD align="left" class="gpotbl_cell">February 19, 1991</TD><TD align="left" class="gpotbl_cell">The revegetation guidance document entitled “Revegetation Standards for Success and Statistically Valid Sampling Techniques for Measuring Revegetation Success”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 29, 1989</TD><TD align="left" class="gpotbl_cell">September 13, 1991</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-1-1, 3, 4, 8, 9, 10, 11; 47-2-14, 21, 53, 67, 75; 47-3-1, 2, 3a, 42; 47-4-14a, 15, 16, 17; 47-5-5a, 16; 47-6-1 through 4, 6 through 10; 47-7-2; 47-8-9, 11; 47-9-1, 2, 4; 47-10-1; 47-11-8; 47-12-4; 47-13-4 through 7; 47-15-1a, 3, 4, 7, 8, 15, 17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 29, 1989</TD><TD align="left" class="gpotbl_cell">April 13, 1992, September 9, 1994</TD><TD align="left" class="gpotbl_cell">“Guidelines for repair of rills and gullies in Kansas”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 3, 1991</TD><TD align="left" class="gpotbl_cell">August 19, 1992</TD><TD align="left" class="gpotbl_cell">Statistical sample adequacy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 10, 1992</TD><TD align="left" class="gpotbl_cell">June 14 and August 30, 1993</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-1-9; 47-2-14, 53a, 58, 67, 75; 47-3-2, 3a, 42; 47-4-14a, 15; 47-5-5a, 16; 47-6-1 through 4, 6, through 10; 47-7-2; 47-8-9, 11; 47-9-1, 4; 47-10-1; 47-11-8; 47-12-4; 47-13-4, 5; 47-14-4, 7; 47-15-1a, 4, 7, 8.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 14, 1993</TD><TD align="left" class="gpotbl_cell">June 3, 1994</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-2-75(e)(6); 47-4-14a(b), (c)(7), (11), (d), (2)(F), (6)(E)(iii), (iv); 47-5-5a(a)(10), (b), (14), (15), (16), (19), (20), (c)(7)(C); 47-6-7(h)(2); 47-9-1(c)(17), (43), (46), (d)(17), (39), (44); 47-15-1a, (b)(6), (9), (21).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 9, 1995</TD><TD align="left" class="gpotbl_cell">November 27, 1995</TD><TD align="left" class="gpotbl_cell">Alternative sampling method for determining woody stem density.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 7, 1997</TD><TD align="left" class="gpotbl_cell">March 3, 1998</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-1-1, 3, 4, 8, 9, 10, 11; 47-2-14, 21, 53, 53a, 58, 64, 67, 74, 75; 47-3-1, 2, 3a, 42; 47-4-14a, 47-4-15; 47-4-16; 47-4-17; 47-5-5a; 47-5-16; 47-6-1, 2, 3, 4, 6, 7, 8, 9, 10; 47-7-2; 47-8-9, 11; 47-9-1, 2, 4; 47-10-1; 47-11-8; 47-12-4; 47-13-4, 5, 6; 47-14-7; 47-15-1a; 47-15-3, 4, 7, 8, 15, 17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 9, 2001</TD><TD align="left" class="gpotbl_cell">February 26, 2002.</TD><TD align="left" class="gpotbl_cell">Revegetation Standards for Success and Statistically Valid Sampling Techniques for Measuring Revegetation Success dated January 2002.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 24, 2002</TD><TD align="left" class="gpotbl_cell">March 25, 2003</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-2-75; 47-3-2, 42; 47-4-14a(c)(2);47-5-5a, 17; 47-6-1, 2(d)(2), 3, 4, 6, 8, 9, 10, 11; 47-7-2; 47-8-9; 47-9-1, 4; 47-10-1; 47-11-8; 47-12-4; 47-13-4; 47-14-7; 47-15-1a.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 19, 2007</TD><TD align="left" class="gpotbl_cell">November 28, 2008</TD><TD align="left" class="gpotbl_cell">Revegetation Success Guidelines; Normal Husbandry Practices; Kansas Regulations: K.A.R. 47-4-14a(c)(2), (d)(2)(A), (d)(3)(A); K.A.R. 47-5-5a(a)(4), (a)(5), (a)(9), and (a)(11) through (a)(13).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9941, Mar. 5, 1997, as amended at 63 FR 10317, Mar. 3, 1998; 67 FR 8716, Feb. 26, 2002; 68 FR 14326, Mar. 25, 2003; 73 FR 72351, Nov. 28, 2008]



</CITA>
</DIV8>


<DIV8 N="§ 916.16" NODE="30:3.0.1.18.92.0.1.5" TYPE="SECTION">
<HEAD>§ 916.16   Required regulatory program amendments. [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 916.20" NODE="30:3.0.1.18.92.0.1.6" TYPE="SECTION">
<HEAD>§ 916.20   Approval of Kansas abandoned mine land reclamation plan.</HEAD>
<P>The Secretary conditionally approved the Kansas abandoned mine land reclamation plan, as submitted on October 1, 1981, effective February 1, 1982. He fully approved the Kansas plan, as amended by Kansas House Bill No. 2994 on April 14, 1982, and Kansas House Bill No. 2516 on May 2, 1983, and removed all conditions prohibiting the funding of State abandoned mine land construction grants, effective June 3, 1983. Copies of the approved plan are available at:
</P>
<P>(a) Kansas Department of Health and Environment, Surface Mining Section, 4033 Parkview Drive, Frontenac, KS 66763.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.
</P>
<CITA TYPE="N">[64 FR 20167, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 916.25" NODE="30:3.0.1.18.92.0.1.7" TYPE="SECTION">
<HEAD>§ 916.25   Approval of Kansas abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 29, 1988</TD><TD align="left" class="gpotbl_cell">October 5, 1988</TD><TD align="left" class="gpotbl_cell">Reorganization of the Regulatory Authority. House Bill 3009 eliminated the Kansas Mined Land Conservation and Reclamation Board and transferred its functions and staff to the Kansas Department of Health and Environment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 30, 1988</TD><TD align="left" class="gpotbl_cell">January 10, 1989</TD><TD align="left" class="gpotbl_cell">Approval of emergency reclamation program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 29 and July 26, 1989</TD><TD align="left" class="gpotbl_cell">November 30, 1989</TD><TD align="left" class="gpotbl_cell">KAR 47-16-1, -16-2, -16-4 through -8; policy and procedures for project ranking and selection; organization structure; public participation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 25, 1991</TD><TD align="left" class="gpotbl_cell">April 13, 1992</TD><TD align="left" class="gpotbl_cell">KAR 47-16-5(b), -6.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 7, 1997</TD><TD align="left" class="gpotbl_cell">March 3, 1998</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-16-1 through 47-16-11.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 17, 1998</TD><TD align="left" class="gpotbl_cell">June 8, 1998</TD><TD align="left" class="gpotbl_cell">Section 884.13(c)(2) and (d)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 24, 2002</TD><TD align="left" class="gpotbl_cell">March 25, 2003</TD><TD align="left" class="gpotbl_cell">K.A.R. 47-16-9(a), 47-16-10(b), and 47-16-12.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 23, 2016</TD><TD align="left" class="gpotbl_cell">May 9, 2019</TD><TD align="left" class="gpotbl_cell">Abandoned Mine Land Reclamation Plan for the State of Kansas.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9941, Mar. 5, 1997, as amended at 63 FR 10317, Mar. 3, 1998; 63 FR 31112, June 8, 1998; 68 FR 14326, Mar. 25, 2003; 84 FR 20264, May 9, 2019]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="917" NODE="30:3.0.1.18.93" TYPE="PART">
<HEAD>PART 917—KENTUCKY
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 917.1" NODE="30:3.0.1.18.93.0.1.1" TYPE="SECTION">
<HEAD>§ 917.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Kentucky that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[47 FR 21434, May 18, 1982] 


</CITA>
</DIV8>


<DIV8 N="§ 917.10" NODE="30:3.0.1.18.93.0.1.2" TYPE="SECTION">
<HEAD>§ 917.10   State regulatory program approval.</HEAD>
<P>The Kentucky State program as resubmitted on December 30, 1981, and amended and clarified on February 22, 1982, was conditionally approved, effective May 18, 1982. Beginning on that date, the Kentucky Department for Natural Resources and Environmental Protection was deemed the regulatory authority in Kentucky for surface coal mining and reclamation operations and for coal exploration operations on non-Federal and non-Indian lands. Copies of the approved program are available for review at:
</P>
<P>(a) Office of Surface Mining Reclamation and Enforcement, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503-2922.
</P>
<P>(b) Department for Surface Mining Reclamation and Enforcement, Number 2, Hudson Hollow Complex, Frankfort, Kentucky 40601.
</P>
<CITA TYPE="N">[48 FR 251, Jan. 4, 1983, as amended at 59 FR 17929, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 917.11" NODE="30:3.0.1.18.93.0.1.3" TYPE="SECTION">
<HEAD>§ 917.11   Conditions of State regulatory program approval.</HEAD>
<P>The approval of the Kentucky State program is subject to the state revising its program to correct the deficiencies listed in this section. The program revisions may be made, as appropriate, to the statute, to the regulations, to the program narrative, or by means of a legal opinion. This section indicates, for the general guidance of the State, the component of the program to which the Secretary recommends the change be made.
</P>
<P>(a)-(p) [Reserved] 
</P>
<CITA TYPE="N">[47 FR 21434, May 18, 1982, as amended at 49 FR 33247, Aug. 22, 1984; 49 FR 37587, Sept. 25, 1984; 50 FR 8610, Mar. 4, 1985; 50 FR 23003, May 30, 1985]


</CITA>
</DIV8>


<DIV8 N="§ 917.12" NODE="30:3.0.1.18.93.0.1.4" TYPE="SECTION">
<HEAD>§ 917.12   State regulatory program and proposed program amendment provisions not approved.</HEAD>
<P>(a) The Director does not approve the following provisions of the proposed program amendment concerning permit renewals that Kentucky submitted on April 23, 1998:
</P>
<P>(1) The phrase “* * * if a permit has expired or * * *” in KRS 350.060(16).
</P>
<P>(2) The following sentence in KRS 350.060(16): “Upon the submittal of a permit renewal application, the operator or permittee shall be deemed to have timely filed the permit renewal application and shall be entitled to continue, under the terms of the expired permit, the surface coal mining operation, pending the issuance of the permit renewal.”
</P>
<P>(b) Subsections (2) through (6) of the amendment submitted as House Bill 599 on May 9, 2000, are hereby not approved, effective June 20, 2001.
</P>
<P>(c) The amendment submitted by letter dated April 12, 2002, proposing a new section of the Kentucky Revised Statutes at Chapter 350 and referenced as Kentucky House Bill 405, is hereby not approved, effective November 20, 2002.
</P>
<P>(d) The phrase “* * * coal mining activities and * * *” in KRS 350.445(3)(g) is not approved.
</P>
<P>(e) The exemption from the engineer inspection requirements of subsection 9 for an impoundment with no embankment structure, that is completely incised, or is created by a depression left by backfilling and grading, that is not a sedimentation pond or coal mine waste impoundment and is not otherwise intended to facilitate active mining at section 1(9)(c) at 405 KAR 16/18:100 is not approved. The exemption from examination for an impoundment with no embankment structure, that is completely incised or created by a depression left by backfilling and grading but not meeting MSHA requirements at 30 CFR 77.216 or not meeting the Class B and C classifications at section 1(10)(b) is not approved to the extent that it is not implemented and managed in accordance with the provisions of OSM Directive TSR-2.
</P>
<P>(f) The changes to Kentucky's Notice of Assessment of Civil Penalties and Penalty Assessment Conference Officer's Report that specify that prepayment of a proposed assessment or penalty is no longer required are not approved.
</P>
<P>(g) We are deferring our decision on the bi-annual actuarial review provision of 350 KRS 350.509 until such time as we are able to evaluate the stability of the Kentucky Reclamation Guaranty Fund (KRGF) over its first three full years of implementation.
</P>
<P>(h) We are not approving 405 KAR 10:015 8(7).
</P>
<P>(i) We are not approving revisions to KRS 350.0301 made by 2018 Ky. Acts ch. 85 that would have eliminated a requirement that Kentucky promulgate regulations providing that operators must place proposed civil penalty assessments into an escrow account prior to a formal hearing on the amount of the assessment.
</P>
<CITA TYPE="N">[65 FR 29953, May 10, 2000, as amended at 66 FR 33023, June 20, 2001; 67 FR 70009, Nov. 20, 2002; 68 FR 2199, Jan. 16, 2003; 68 FR 42274, July 17, 2003; 71 FR 54589, Sept. 18, 2006; 83 FR 3958, Jan. 29, 2018; 89 FR 66218, Aug. 15, 2024]


</CITA>
</DIV8>


<DIV8 N="§ 917.13" NODE="30:3.0.1.18.93.0.1.5" TYPE="SECTION">
<HEAD>§ 917.13   State statutory and regulatory provisions set aside.</HEAD>
<P>(a) The following provision of Kentucky Revised Statute at KRS 350.060(22) is inconsistent with section 701(28) of the Surface Mining Control and Reclamation Act of 1977 and is hereby set aside effective December 1, 1985:
</P>
<EXTRACT>
<P>“(22) All operations involving the crushing, screening, or loading of coal which do not separate the coal from its impurities, and which are not located at or near the mine site, shall be exempt from the requirements of this chapter.”</P></EXTRACT>
<P>(b) Reserved]
</P>
<P>(c) The following portions of the Kentucky Revised Statute at KRS 350.060(16) are inconsistent with section 506 of SMCRA and less effective than 30 CFR 843.11 and are set aside effective September 6, 2000: 
</P>
<EXTRACT>
<P>The specific wording is the phrase “if a permit has expired or . . .” and the following sentence: 
</P>
<P>Upon the submittal of a permit renewal application, the operator or permittee shall be deemed to have timely filed the permit renewal application and shall be entitled to continue, under the terms of the expired permit, the surface coal mining operation, pending the issuance of the permit renewal.</P></EXTRACT>
<CITA TYPE="N">[50 FR 47728, Nov. 20, 1985, as amended at 65 FR 53911, Sept. 6, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 917.15" NODE="30:3.0.1.18.93.0.1.6" TYPE="SECTION">
<HEAD>§ 917.15   Approval of Kentucky regulatory program amendments.</HEAD>
<P>(a) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 1982</TD><TD align="left" class="gpotbl_cell">January 4, 1983</TD><TD align="left" class="gpotbl_cell">405 KAR 1:005 § 6; 3:005 § 6; 7:020 § 1(11), (70), (117); 7:030 § 1; 7:040 § 5(1), 10(2), (7); 7:090 § 4(1), (6); § 6; 7:095, 8:010 § 6(1), (2), 13(1), 20(5), 21(2)(a)(4), (b)(1), 22(1), (2)(a), (a)(2), (2)(c)(1), (4), (5), (6); 8:020 § 2(2)(h); 8:030 § 23(4); 12:010 § 3(5)(a), (b); 16:140 § 2(1)(d); 18:140 § 2(1)(d); 24:020 § 3(5), (7), 4(6); 24:030 § 4(4), 8(7), 9.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 1982</TD><TD align="left" class="gpotbl_cell">May 13, 1983</TD><TD align="left" class="gpotbl_cell">KRS 151.250(3); 350.010, .035, .062(9), .093 § 2, .425, .990; 405 KAR 16:020 § 4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 11, 1983</TD><TD align="left" class="gpotbl_cell">May 20, 1983</TD><TD align="left" class="gpotbl_cell">405 KAR 7:020 § 1(13), (27), (34), (57); 12:010 § 6; 16:060 §§ 1(3), 9(2), 11(1), :090 §§ 2, 5(5), :110 § 2(2), :130 § 2(2), :220 § 4; 18:060 §§ 7(3), 9(1), (3), :090 §§ 2, 5(5), :110 2(2), :130 § 2(2), :230 § 4; 24:030 § 3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 1, 1983</TD><TD align="left" class="gpotbl_cell">October 12, 1983</TD><TD align="left" class="gpotbl_cell">Technical Reclamation Memorandum #9.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 31, 1983</TD><TD align="left" class="gpotbl_cell">November 25, 1983</TD><TD align="left" class="gpotbl_cell">405 KAR 7:020E, :030E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 10, 1984</TD><TD align="left" class="gpotbl_cell">April 13, 1984</TD><TD align="left" class="gpotbl_cell">“Kentucky's Plan for Transition to Primacy”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 1, 1984</TD><TD align="left" class="gpotbl_cell">August 22, 1984</TD><TD align="left" class="gpotbl_cell">KRS 350.010, .032, .093(2), .250(1), (3), (4); 355.060(5)(g).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 31, 1983</TD><TD align="left" class="gpotbl_cell">September 25, 1984</TD><TD align="left" class="gpotbl_cell">405 KAR 1:030, :040, :050; 7:020, :030, :090; 8:030, :040; 16:060, :090, :140; 18:090, :140.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 31, 1983</TD><TD align="left" class="gpotbl_cell">October 3, 1984</TD><TD align="left" class="gpotbl_cell">405 KAR 8:050 § 2; 16:190; 18:190.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 12, 1984</TD><TD align="left" class="gpotbl_cell">March 4, 1985</TD><TD align="left" class="gpotbl_cell">405 KAR 7:020 § 1(87), (118), :030 § 3(1)(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 3, 1984</TD><TD align="left" class="gpotbl_cell">May 30, 1985</TD><TD align="left" class="gpotbl_cell">KRS Chapter 350, .032, .060, .135, .990; 405 KAR 16:020.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 29, 1985</TD><TD align="left" class="gpotbl_cell">November 20, 1985</TD><TD align="left" class="gpotbl_cell">Paragraph D of “Field Enforcement Procedures” in § II of the State program plan; 405 KAR 7:090 §§ 11(2)(a), 12(3); 24:030 defining “substantial legal and financial commitments”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 4, 1984</TD><TD align="left" class="gpotbl_cell">December 10, 1985</TD><TD align="left" class="gpotbl_cell">405 KAR 7:070; 16:120; 18:120.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 6, 1984, December 17, 1985</TD><TD align="left" class="gpotbl_cell">January 24, 1986</TD><TD align="left" class="gpotbl_cell">405 KAR 1:015; 3:015; 7:015.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 13, 1985</TD><TD align="left" class="gpotbl_cell">March 3, 1986</TD><TD align="left" class="gpotbl_cell">405 KAR 7:020, :080; 8:030, :040; 12:010, :020; 16:050, :110, :130, :170; 18:050, :110, :130, :170; 20:030.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 16, 1985, December 10, 1985</TD><TD align="left" class="gpotbl_cell">March 17, 1986</TD><TD align="left" class="gpotbl_cell">405 KAR 7:015; 10:030. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 10, 1985</TD><TD align="left" class="gpotbl_cell">April 4, 1986</TD><TD align="left" class="gpotbl_cell">405 KAR 7:090, § 11(2)(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 3, 1985</TD><TD align="left" class="gpotbl_cell">April 9, 1986</TD><TD align="left" class="gpotbl_cell">405 KAR 7:020E; 8:050E; 20:070E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 3, 1984</TD><TD align="left" class="gpotbl_cell">May 27, 1986</TD><TD align="left" class="gpotbl_cell">KRS 350.066 through .070; 405 KAR 10:035.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 29, 1986</TD><TD align="left" class="gpotbl_cell">July 15, 1986</TD><TD align="left" class="gpotbl_cell">KRS Chapter 350 contained in Senate Bills 130, 374; KRS 350.470 through .550 contained in House Bill 285; KRS 350.060(22) contained in House Bill 757; KRS 350.990 contained in House Bill 839.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 30, 1985, September 16, 1985, February 7, 1986</TD><TD align="left" class="gpotbl_cell">August 27, 1986</TD><TD align="left" class="gpotbl_cell">405 KAR 7:020, :060; 8:030, :040, :050; 16:010, :060, :080, :190; 18:060, :080, :190; 20:040, :070; documents incorporated by reference: “Soil Conservation Service, Kentucky Standards and Specifications for Land Restoration, Currently Mined Prime Farmland;” “Kentucky Prime Farmland Revegetation and Crop Production After Mining;” “Estimated Crop Yields on Prime Farmland Soils in Western Kentucky Coalfields;” “Estimated Crop Yields on Prime Farmland Soils in Eastern Kentucky Coalfields”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 5, 1986</TD><TD align="left" class="gpotbl_cell">March 9, 1987</TD><TD align="left" class="gpotbl_cell">405 KAR 10:200.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 27, 1987</TD><TD align="left" class="gpotbl_cell">December 31, 1987</TD><TD align="left" class="gpotbl_cell">405 KAR 16:060 § 11; 18:060 § 11, :190 § 2. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 17, 1987</TD><TD align="left" class="gpotbl_cell">March 10, 1988</TD><TD align="left" class="gpotbl_cell">405 KAR 7:070.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 29, 1988</TD><TD align="left" class="gpotbl_cell">October 6, 1988</TD><TD align="left" class="gpotbl_cell">405 KAR 7:090.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 1987</TD><TD align="left" class="gpotbl_cell">October 7, 1988</TD><TD align="left" class="gpotbl_cell">KRS 350.032 contained in House Bill 869.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 5, 1989</TD><TD align="left" class="gpotbl_cell">December 15, 1989</TD><TD align="left" class="gpotbl_cell">405 KAR 8:010, :020, :030, :040; 24:040.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 29, 1986</TD><TD align="left" class="gpotbl_cell">April 9, 1990</TD><TD align="left" class="gpotbl_cell">KRS 350.032.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 21, 1988</TD><TD align="left" class="gpotbl_cell">August 10, 1990</TD><TD align="left" class="gpotbl_cell">KRS 350.020, .060, .064, .093, .130, .131, .151.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 15, 1989</TD><TD align="left" class="gpotbl_cell">November 1, 1990</TD><TD align="left" class="gpotbl_cell">405 KAR 8:010 § 20(3), (5). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 15, 1988</TD><TD align="left" class="gpotbl_cell">December 31, 1990</TD><TD align="left" class="gpotbl_cell">405 KAR 7:015, :020, :030, :090; 8:010, :020, :050; 10:010, :020, :030, :040, :050; 16:010, :070, :080, :100, :110, :120, :150, :190; 18:010, :070, :080, :100, :110, :120, :150, :190; 20:010, :060; 24:020, :030, :040.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 8, 1990</TD><TD align="left" class="gpotbl_cell">February 6, 1991</TD><TD align="left" class="gpotbl_cell">KRS chapter 350 contained in Senate Bill 255; 350.010, .053, .054, .057, .060, .070, .085, .090, .093, .110, .113, .130, .139, .151, .990; 224.083.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 9, 1991</TD><TD align="left" class="gpotbl_cell">April 16, 1991</TD><TD align="left" class="gpotbl_cell">405 KAR 10:040 § 2(4)(b)1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 24, 1991</TD><TD align="left" class="gpotbl_cell">September 23, 1991</TD><TD align="left" class="gpotbl_cell">405 KAR 7:020 § 1; 8:010 §§ 13(4), (5), 18(5), 25(1) through (4), :030 §§ 1(4), 2, 3, :040 §§ 1(3), 2, 3; 12:020 § 3(6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 1991</TD><TD align="left" class="gpotbl_cell">April 15, 1992</TD><TD align="left" class="gpotbl_cell">405 KAR 7:080.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 18, 1989</TD><TD align="left" class="gpotbl_cell">August 18, 1992</TD><TD align="left" class="gpotbl_cell">405 KAR 10:200; KRS 350.710-710.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 1991</TD><TD align="left" class="gpotbl_cell">October 1, 1992</TD><TD align="left" class="gpotbl_cell">405 7:001, § 1, :015 § 4(6), (7), :020, :021, § 1, :030 § 3(1) through (4), :035, §§ 1 through 9; 8:001 § 1, :020 §§ 1, 1(1), (2)(c), 2, (1), (2)(g), 4, 4(c)(5); 10:001 § 1, :200 §§ 1, 2, 4(4), 5(3), 6(1), (2), 7(1), (d), (e), (f), (j), (2), (d), (e), (i); 12:001 § 1; 16:001 § 1, :190 § 7(2), :210 §§ 1(1), 2, 3, 4; 18:001 § 1, :190 § 5(2), :220 §§ 1(1), 2, 3, 4; 20:001 § 1, :010 §§ 2, 3, 4; 24:001 § 1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 13, 1992</TD><TD align="left" class="gpotbl_cell">December 9, 1992</TD><TD align="left" class="gpotbl_cell">405 KAR 8:030(20), (36), :040(20), (36); 16:180(1), (2), (3); 18:180(1), (2), (3). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 30, 1992</TD><TD align="left" class="gpotbl_cell">December 17, 1992</TD><TD align="left" class="gpotbl_cell">KRS Chapter 350 §§ 350.550, .553, .560, .597.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 1991</TD><TD align="left" class="gpotbl_cell">January 12, 1993</TD><TD align="left" class="gpotbl_cell">405 KAR 8:010 §§ 5(1)(c), (d), 12(1)(a), 14(8), 20(2)(a)10, (3)(a), (d)23, (f), 20(5) through (7).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 30, 1992</TD><TD align="left" class="gpotbl_cell">March 26, 1993</TD><TD align="left" class="gpotbl_cell">KRS Chapter 350 contained in House Bill 844 and Senate Bill 381; 350.010, .0281, .130(1), .260, .450(4)(c), .705(1) (b), (c); numerous other sections on “applicant,” “permit applicant,” “permittee,” “person,” “operator”. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 1991</TD><TD align="left" class="gpotbl_cell">June 8, 1993</TD><TD align="left" class="gpotbl_cell">405 KAR 16:200, 18:200, TRM No. 19 (Field Sampling Techniques for Determining Ground Cover, Productivity, and Stocking Success of Reclaimed Surface Mined Lands), the use of average county yield data found in Kentucky Agricultural Statistics, a report published annually by the Kentucky Agricultural Statistics Service.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 28, 1992</TD><TD align="left" class="gpotbl_cell">August 6, 1993</TD><TD align="left" class="gpotbl_cell">KRS 350 contained in Senate Bill 318; 405 KAR 7:001, 7:090, :091, :092; 8:001; 12:020.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 21, 1992</TD><TD align="left" class="gpotbl_cell">October 1, 1993</TD><TD align="left" class="gpotbl_cell">405 KAR 1:007, 3:007, 7:030 § 4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 21, 1993</TD><TD align="left" class="gpotbl_cell">February 24, 1994</TD><TD align="left" class="gpotbl_cell">405 KAR 10:050 Statutory and regulatory citations, sections Necessity and Function, 1(1), 2(4), (5); 12:001 section Necessity and Function, (29), (30); 12:010 Statutory and regulatory citations, sections Necessity and Function, 3(2), (5)(a), (b), 4(1), (3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 1991</TD><TD align="left" class="gpotbl_cell">May 26, 1994</TD><TD align="left" class="gpotbl_cell">405 KAR 8:030 §§ 1(4)(a), (b), 2(3), (4), (5)(a), (11), (12), 3(5), 4(2), 5(4), 10, 37-MRP, 38-MRP; 8:040 §§ 1(3)(a), (b), 2(3), (4), (11), (12), 3(5), 4(2), 5(4), 10, 37-MRP, 38-MRP.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 26, 1994</TD><TD align="left" class="gpotbl_cell">September 1, 1994</TD><TD align="left" class="gpotbl_cell">405 KAR 7:080 sections Necessity and Function, 1, 3, 4, 5, 6(4), (5), (8)(b), 7(1)(b), (3), 8, 10(2) (a), (b), 11(1), (d), (e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 18, 1994</TD><TD align="left" class="gpotbl_cell">September 16, 1994</TD><TD align="left" class="gpotbl_cell">KRS 350.010, 350(1) through (32). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 3, 1994</TD><TD align="left" class="gpotbl_cell">February 15, 1995</TD><TD align="left" class="gpotbl_cell">405 KAR 7:080 §§ 5(2), (a), (b), 6, 8(2)(a)(11), (b)(11), 11(1), (e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 29, 1994</TD><TD align="left" class="gpotbl_cell">June 27, 1995</TD><TD align="left" class="gpotbl_cell">KRS 42.470(1)(c); 132; 136; 138; 139; 177.977; 211.390(1), .392(1), (2), (5), (6), (8); 350.010 (1), (2), (9), (16), (22), (23), .0285, .0301(1), (4), .0305, .032(2), (4), .070(1), .085(1), (7), .095(1), (2), .421, (1), (2), .560(1); 351.070(13), (14); 352.420(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 2, 1994</TD><TD align="left" class="gpotbl_cell">December 7, 1995</TD><TD align="left" class="gpotbl_cell">405 KAR 16:010 §§ 1, 6, 7, 8; 18:010 §§ 4, 5, 6. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 15, 1996</TD><TD align="left" class="gpotbl_cell">August 29, 1997</TD><TD align="left" class="gpotbl_cell">KRS 350.131(3), 350.150(1), Chapter 350 Section 3, KRS 350.0301(1), 350.990(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 3, 1997</TD><TD align="left" class="gpotbl_cell">July 31, 1998</TD><TD align="left" class="gpotbl_cell">Staffing and budget levels.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 1991</TD><TD align="left" class="gpotbl_cell">August 4, 1998</TD><TD align="left" class="gpotbl_cell">405 KAR 16:200 § 1(7)(b) and 18:200 § 1(7)(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 23, 1998</TD><TD align="left" class="gpotbl_cell">May 10, 2000</TD><TD align="left" class="gpotbl_cell">KRS 350.060(16) [partial approval]; 350.131(2); 350.139(1); 350.990 (1), (3), (4), (9), and (11). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 9, 2000</TD><TD align="left" class="gpotbl_cell">June 20, 2001</TD><TD align="left" class="gpotbl_cell">House Bill 599, subsection (1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 4, 1999</TD><TD align="left" class="gpotbl_cell">December 26, 2001</TD><TD align="left" class="gpotbl_cell">KAR 10:010 Sections 2(2), 5(1), 5(2) and bond forms SME-42(6/99 ed.) and SME-42-F(6/99 ed.)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 22, 1998</TD><TD align="left" class="gpotbl_cell">February 5, 2002</TD><TD align="left" class="gpotbl_cell">405 KAR 7:097 approved (in-kind reclamation)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 9, 2000</TD><TD align="left" class="gpotbl_cell">April 30, 2002</TD><TD align="left" class="gpotbl_cell">House Bill 502, part IX, Subsection 36(b), KRS 350.085(6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 25, 2001</TD><TD align="left" class="gpotbl_cell">May 7, 2002</TD><TD align="left" class="gpotbl_cell">405 KAR 18:210, Sections 1(4), 2(2), and 3(4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 28, 2000</TD><TD align="left" class="gpotbl_cell">June 19, 2002</TD><TD align="left" class="gpotbl_cell">405 KAR 20:060 § 3(3)(b) 2000 and (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 25, 2002</TD><TD align="left" class="gpotbl_cell">November 6, 2002</TD><TD align="left" class="gpotbl_cell">2002 HB 809, Kentucky Revised Statutes at Chapter 350.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 9, 2000</TD><TD align="left" class="gpotbl_cell">January 16, 2003</TD><TD align="left" class="gpotbl_cell">House Bill 792, KRS 350.445(3) (except for a portion of (3)(g)).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 25, 2002</TD><TD align="left" class="gpotbl_cell">May 8, 2003</TD><TD align="left" class="gpotbl_cell">KAR 16:090 Sections 1(1), (2), 4, 5(2) and (6) and 18:090 Sections 1(1), (2), 4, 5(2) and (6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 30, 1997</TD><TD align="left" class="gpotbl_cell">July 17, 2003</TD><TD align="left" class="gpotbl_cell">405 KAR 8:001 section 1(50); 16:001 section 1(50), (51), (69); 16:090 sections 1 through 5; 16:100 section 1(1),(3),(5),(6),(10), section 2(1); 16:160 section 1(1),(2),(3), section 2(2), section 3(1),(3), section 4; 18:001 section 1(52), (53), (72); 18:090 sections 1 through 5; 18:100 section 1(1),(3),(5),(6),(10), section 2(1); and 18:160 section 1(1),(2),(3), section 2(2), section 3(1),(3) and section (4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 30, 1997</TD><TD align="left" class="gpotbl_cell">August 11, 2004</TD><TD align="left" class="gpotbl_cell">405 KAR 8:001 Section 1(3), (20), (24), (46), (60), (65), (69), (86) and (108), Section 2(1) and (2); 405 KAR 8:030 Section 3(3)(d)1, Section 11(2)(a), Section 12(4)(a) and (b), Section 13(1)(b) and (3), Section 14(5), Section 15(5), Section 16, Section 20(3), Section 23(1)(g), Section 24(4)(e), Section 26(3), Section 27(2)(e), Section 32(3)(e), Section 34, Section 37(1)(b), Section 38(1) and (2); 405 KAR 8:040 Section 3(3)(d)1, Section 11(2)(a) and (4)(a), (b), Section 13(1)(b)2 and (3), Section 14(5), Section 15(5), Section 16, Section 20(3), Section 26, Section 32(1)(b)5 and (3)(e), Section 34, Section 37(1)(b), Section 39(1) and (2); 405 KAR 16:001 Section 1(3), (32), (46), (53), (63)- deleted, (81), (98), (99), (108), Section 2(1) and (2), 405 KAR 16:060 Section 1(4)(b), Section 2(2), Section 4(1), Section 8(1)(a), (b), (2)(a)-(e); 405 KAR 18:001 (3), (6), (24), (35), (49), (55), (61), (62)- deleted, (67), (68), (84), (100), (109), Section 2(1) and (2); 405 KAR 18:060 Section 1(4)(b), Section 2(2), Section 4(1), Section 12(1)(a), (b), (2)(a)-(e); 405 KAR 18:210 Section 1(1), (2) and (3), Section (1) and (3), Section 3, Section 4 and Section 5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 14, 2004</TD><TD align="left" class="gpotbl_cell">December 20, 2004</TD><TD align="left" class="gpotbl_cell">KRS 350.280, subsections (1) (b), (1) (c), 1(e), 1(f), (2), (3), (4); subsections 4(a)-(d), (5), (6), (7) and (8) are deleted.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 1991 with record material submitted July 29, 2004</TD><TD align="left" class="gpotbl_cell">May 3, 2005</TD><TD align="left" class="gpotbl_cell">405 KAR 16:200 Section 1(7)(a) and (7)(d) and 405 KAR 18:200 Section 1 (7)(a) and (7)(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 28, 2006</TD><TD align="left" class="gpotbl_cell">September 18, 2006</TD><TD align="left" class="gpotbl_cell">Easements of necessity, deletion of outdated language in KRS Chapter 350.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 14, 2009</TD><TD align="left" class="gpotbl_cell">March 9, 2011</TD><TD align="left" class="gpotbl_cell">405 KAR 16:140, Disposal of coal mine waste.
<br/>405 KAR 18:140, Disposal of coal mine waste.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 10, 2011</TD><TD align="left" class="gpotbl_cell">November 16, 2017</TD><TD align="left" class="gpotbl_cell">KRS 350.060(11).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 28, 2012; July 5, 2013; and December 3, 2013</TD><TD align="left" class="gpotbl_cell">January 29, 2018</TD><TD align="left" class="gpotbl_cell">The following emergency KAR sections are approved: 10:001E; 10:070E; 10:080E; and 10:201E.
<br/>The following KRS sections are repealed: 350 KRS:700-755, except 350.715; the following are amended: 350:595 and 350:990; the following are added: 350.500-521.
<br/>The following KAR sections are repealed: 405 KAR 10:010, 10:020 and 10:200; the following are amended: 8:010, 10:001, 10:030, 16:020; the following are added: 10:015, 10:070, 10:080, and 10:090.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 29, 2015</TD><TD align="left" class="gpotbl_cell">April 26, 2021</TD><TD align="left" class="gpotbl_cell">Section 4(2) of 405 KAR 8:030, Section 4(2) of 405 KAR 8:040, related to Right of Entry.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 25, 2019</TD><TD align="left" class="gpotbl_cell">May 10, 2022</TD><TD align="left" class="gpotbl_cell">405 KAR 10:015 8(7)(a) and (b) (bonding rate of additional areas); 405 KAR 10:015, sections 1(2), 2(5), 2(5)(c)(3)(d), 2(5)(c)(3)(e), 2(6), 2(6)(b), 2(6)(c), 2(7), 2(7)(c), 4, 4(1)(b), 4(2)(a), 4(2)(f), 5(1), 5(2), 6(1), 6(1)(a), 6(1)(c), 6(3), 7(3), 8, 8(5), 9(4), 10(2), 11(1), 11(2), 11(3), 11(5), and 12(1)(g) (non-substantive revisions).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 25, 2019</TD><TD align="left" class="gpotbl_cell">September 21, 2023</TD><TD align="left" class="gpotbl_cell">KAR Chapter 10:001 Section 1, <E T="03">Definitions,</E> subsection (4)—<E T="03">Adjacent area.</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 18, 2022</TD><TD align="left" class="gpotbl_cell">August 8, 2024</TD><TD align="left" class="gpotbl_cell">KRS 350.506
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 19, 2018</TD><TD align="left" class="gpotbl_cell">August 15, 2024</TD><TD align="left" class="gpotbl_cell">KRS 350.064, KRS 350.070, KRS 350.518, and KRS 350.990.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 18, 2020</TD><TD align="left" class="gpotbl_cell">May 21, 2026</TD><TD align="left" class="gpotbl_cell">405 KAR 7:040, 7:050; 8:010, 8:030; 10:050; 16:100, 16:210; 18:100, 18:220; 20:040; 26:011 (repeal of 405 KAR 26:001).</TD></TR></TABLE></DIV></DIV>
<P>(b) The Director is deferring his decision on the enforcement provisions of section 720 of the Act from its effective date (October 24, 1992), to the effective date of KRS 350.421(1) and (2) (July 15, 1994).
</P>
<CITA TYPE="N">[62 FR 9942, Mar. 5, 1997]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 917.15, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 917.16" NODE="30:3.0.1.18.93.0.1.7" TYPE="SECTION">
<HEAD>§ 917.16   Required regulatory program amendments.</HEAD>
<P>(a)-(b) [Reserved]
</P>
<P>(c) Pursuant to 30 CFR 732.17, Kentucky is required, prior to implementation of the following statutory amendments, to submit to the Director proposed regulations to implement the amendments, and to receive the Director's approval of the regulations:
</P>
<P>(1)-(3) [Reserved]
</P>
<P>(d) Pursuant to 30 CFR 732.17, Kentucky is required to submit for OSM's approval the following proposed amendments by the dates specified:
</P>
<P>(1)-(5) [Reserved]
</P>
<P>(e)-(m) [Reserved]
</P>
<P>(n) By October 5, 1998, Kentucky shall amend the Kentucky program, or provide a written description of an amendment together with a timetable for enactment which is consistent with established administrative or legislative procedures in the State, to delete the term “haul roads” at sections 1(7)(b) of 405 KAR 16:200 and 18:200.
</P>
<P>(o)-(p) [Reserved] 
</P>
<CITA TYPE="N">[50 FR 23687, June 5, 1985]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 917.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 917.17" NODE="30:3.0.1.18.93.0.1.8" TYPE="SECTION">
<HEAD>§ 917.17   State regulatory program amendments not approved.</HEAD>
<P>(a) The amendment to Kentucky's regulations at 405 KAR 16:060 Section 8(4)(c); 18:060 Section 12(4)(c) and 18:210 Section 3(5)(c) which were originally submitted by Kentucky on July 30, 1997 and later amended are disapproved.
</P>
<P>(b) The amendment at Kentucky Revised Statute 350.060(22) submitted by Kentucky on May 26, 1982, and the legal opinion (insofar as it relates to this amendment) and Reclamation Advisory Memorandum No. 33 submitted by Kentucky on October 28, 1983, are hereby disapproved effective September 17, 1985.
</P>
<P>(c) The amendment to Kentucky's program transferring $3,840,000 from the Kentucky Bond Pool Fund to the Commonwealth's General Fund for the 2002-2003 fiscal year is not approved. 
</P>
<P>(d) The addition of the word “abated” to modify the term “violation” in paragraph (4)(a) of section 3 of Chapter 7:090 of Title 405 of the Kentucky Administrative Regulations, as submitted to OSMRE by letter dated April 27, 1988, is hereby disapproved. The effect of the disapproval is to continue the requirement that any person who chooses not to contest the fact of violation (whether abated or not) or the assessment shall pay the assessment in full within 30 days of the date the final assessment order was mailed.
</P>
<P>(e) We are not approving the following provision of the proposed Kentucky program amendments dated November 25, 2019: KAR Chapter 10:001 Section 1, Subsection 26—Definition of “Long term treatment”.
</P>
<CITA TYPE="N">[49 FR 50720, Dec. 31, 1984, as amended at 50 FR 37659, Sept. 17, 1985; 51 FR 29919, Aug. 21, 1986; 53 FR 39261, Oct. 6, 1988; 53 FR 39473, Oct. 7, 1988; 63 FR 40827, July 31, 1998; 69 FR 26503, May 13, 2004; 69 FR 48787, Aug. 11, 2004; 70 FR 11123, Mar. 8, 2005; 88 FR 65129, Sept. 21, 2023] 


</CITA>
</DIV8>


<DIV8 N="§ 917.20" NODE="30:3.0.1.18.93.0.1.9" TYPE="SECTION">
<HEAD>§ 917.20   Approval of the Kentucky abandoned mine reclamation plan.</HEAD>
<P>The Kentucky Abandoned Mine Reclamation Plan as submitted on June 4, 1981, is approved. Copies of the approved program are available at the following locations:
</P>
<P>(a) Office of Surface Mining Reclamation and Enforcement, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503-2922.
</P>
<P>(b) Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet, Division of Abandoned Lands, 618 Teton Trail, Frankfort, Kentucky 40601.
</P>
<CITA TYPE="N">[59 FR 17929, Apr. 15, 1994; 59 FR 27239, May 26, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 917.21" NODE="30:3.0.1.18.93.0.1.10" TYPE="SECTION">
<HEAD>§ 917.21   Approval of Kentucky abandoned mine land reclamation plan amendments.</HEAD>
<P>(a) The Kentucky Amendment, submitted to OSM on December 8, 1982, is approved. You may receive a copy from:
</P>
<P>(1) Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet, Division of Abandoned Lands, 618 Teton Trail, Frankfort, Kentucky 40601; or
</P>
<P>(2) Office of Surface Mining Reclamation and Enforcement, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503-2922.
</P>
<P>(b) The Kentucky Abandoned Mine Reclamation Amendment, submitted to OSM on March 25, 1985, is approved. Copies may be obtained at the addresses listed in paragraph (a) of this section.
</P>
<P>(c) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 24, 1992</TD><TD align="left" class="gpotbl_cell">December 17, 1992</TD><TD align="left" class="gpotbl_cell">Chapter 3—Goals and Obligations, Chapter 15—Maps of Eligible Lands and Waters. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 5, 1994</TD><TD align="left" class="gpotbl_cell">July 29, 1994</TD><TD align="left" class="gpotbl_cell">Chapter 5—Coordination with Ramp, Indian, and Other Reclamation Programs.</TD></TR></TABLE></DIV></DIV>
<P>(d) The Kentucky Abandoned Mine Land Reclamation Plan amendment, submitted to OSM on April 29, 2002, is approved with the following exceptions. The word “or,” which appears at the end of paragraph 1 of the section entitled “Lands for Permanent Facilities,” is not approved. We are approving the State of Kentucky's incorporation by reference of the Federal AML Enhancement Rule into their regulations. This approval is subject to the restrictions placed upon the Federal regulation by the court in <I>Kentucky Resources Council</I> v. <I>Norton,</I> 2002 U.S. App. Lexis 11365, Slip. Op. at 5. (D.C. Cir. May 30, 2002) The “Reclamation Agreements” provision at the end of Chapter 12 only applies to AML reclamation projects authorized through the Federal AML grant process. Copies may be obtained at the address listed in (a)(2) of this section for OSM or the Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet, Division of Abandoned Mine Lands, 2521 Old Lawrenceburg Road, Frankfort, Kentucky 40601.
</P>
<P>(e) The Kentucky AMLR Plan amendment submitted on April 23, 2007, and consisting of revisions to KRS Chapter 350 that correspond to changes to the Federal Surface Mining Control and Reclamation Act of 1977 resulting from the Relief and Health Care Act of 2006, is approved.
</P>
<CITA TYPE="N">[62 FR 9943, Mar. 5, 1997, as amended at 68 FR 65843, Nov. 24, 2003; 72 FR 59479, Oct. 22, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 917.30" NODE="30:3.0.1.18.93.0.1.11" TYPE="SECTION">
<HEAD>§ 917.30   State-Federal cooperative agreement.</HEAD>
<HD1>Cooperative Agreement
</HD1>
<P>The Governor of the Commonwealth of Kentucky (the Governor) and the Secretary of the Department of the Interior (the Secretary) enter into a Cooperative Agreement (Agreement) to read as follows:
</P>
<EXTRACT>
<HD1>Article I: Introduction, Purpose, and Responsible Agencies
</HD1>
<HD2>A. Authority
</HD2>
<P>This Agreement is authorized by Section 523(c) of the Surface Mining Control and Reclamation Act (Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement for the regulation and control of coal exploration operations not subject to 43 CFR Group 3400 and surface coal mining and reclamation operations on Federal lands. This Agreement provides for State regulation consistent with the Act, the Federal lands program (30 CFR Chapter VII, Subchapter D) and the approved Kentucky State Program (Program) for surface coal mining and reclamation operations on Federal lands.
</P>
<HD2>B. Purposes
</HD2>
<P>The purposes of this Agreement are to (a) foster Federal-State cooperation on the regulation of surface coal mining and reclamation operations and coal exploration operations not subject to 43 CFR Group 3400, (b) minimize intergovernmental duplication of effort, and (c) provide for uniform and effective application of the Program on all lands in Kentucky in accordance with the Act and the Program.
</P>
<HD2>C. Responsible Administrative Agencies
</HD2>
<P>The Kentucky Natural Resources and Environmental Protection Cabinet (NREPC), acting through the Department for Surface Mining Reclamation and Enforcement (DSMRE), shall be responsible for administering this Agreement on behalf of the Governor. The Office of Surface Mining Reclamation and Enforcement (OSM) shall administer this Agreement on behalf of the Secretary.
</P>
<HD1>Article II: Effective Date
</HD1>
<P>After being signed by the Secretary and the Governor, this Agreement shall be effective on October 1, 1998. This Agreement shall remain in effect until terminated as provided for in Article XI.
</P>
<HD1>Article III: Definitions
</HD1>
<P>The terms and phrases used in this Agreement, which are defined in the Act, 30 CFR Parts 700, 701 and 740 and defined in the KRS 350 and the rules and regulations promulgated pursuant to that Act, shall have the same meanings as set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the approved State Program will apply except in the case of a term which defines the Secretary's continuing responsibilities under the Act or other laws.
</P>
<HD1>Article IV: Applicability
</HD1>
<P>In accordance with the Federal lands program, the laws, regulations, terms and provisions of the Program are applicable to Federal lands in Kentucky except as otherwise stated in this Agreement, The Act, 30 CFR 740.4 and 745.13 or other applicable Federal laws, Executive Orders or regulations.
</P>
<P>Orders and decisions issued by the NREPC in accordance with the Program that are appealable shall be appealed to the reviewing authority in accordance with the Program. Orders and decisions issued by the Secretary or his authorized agents that are appealable shall be appealed to the Department of the Interior's Office of Hearings and Appeals.
</P>
<HD1>Article V: General Requirements
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all provisions of this Agreement.
</P>
<HD2>A. Authority of State Agency
</HD2>
<P>NREPC has and shall continue to have the authority under State law to carry out this agreement.
</P>
<HD2>B. Funding
</HD2>
<P>Upon application by NREPC, and subject to appropriations, OSM will provide the State with funds to defray the costs associated with carrying out its responsibilities under this Agreement as provided in Section 705(c) of the Act and 30 CFR part 735. Such funds will cover the full cost incurred by NREPC in carrying out those responsibilities. The amount of the grant will be determined using the procedures specified in the Federal Assistance Manual Chapter 3-10 and appendix III.
</P>
<P>For purposes of this agreement, actual costs of NREPC's administration of its approved program on Federal lands in accordance with this agreement shall be that percentage of NRECP's total program expenditures during any specific grant period that equals the percentage of Federal lands within all lands under permit in the State of Kentucky for that specific grant period.
</P>
<P>If NREPC applies for a grant but sufficient funds have not been appropriated to OSM, OSM and NREPC will meet to decide upon appropriate measures that will insure that mining operations on Federal lands located in Kentucky are regulated in accordance with the approved Program. The NREPC also reserves the right to terminate this agreement should OSM be unable to adequately fund this program.
</P>
<HD2>C. Reports and Records
</HD2>
<P>NREPC will make annual reports to OSM containing information with respect to compliance with terms of this Agreement pursuant to 30 CFR 745.12(d).
</P>
<P>Upon request, NREPC and OSM will exchange information generated under this Agreement, except where prohibited by Federal or State law.
</P>
<P>OSM will provide NREPC with a copy of any final evaluation reports prepared concerning State administration and enforcement of this Agreement. NREPC comments on the report will be attached before being sent to the Congress or other interested parties.
</P>
<HD2>D. Personnel
</HD2>
<P>NREPC shall have the personnel necessary to fully implement this Agreement in accordance with the provision of the Act, applicable regulations, the Federal lands program and the approved Program.
</P>
<HD2>E. Equipment and Facilities
</HD2>
<P>NREPC will assure itself access to equipment, laboratories and facilities to perform all inspections, investigations, studies, tests and analyses that are necessary to carry out the requirements of this Agreement.
</P>
<HD2>F. Permit Application Fees and Civil Penalties
</HD2>
<P>The amount of the fee accompanying an application for a permit for operations on Federal lands in Kentucky shall be determined in accordance with KRS 350.060 and Federal law. All permit fees and civil penalties collected from operations on Federal lands will be retained by the State. Permit fees shall be considered Program income. Civil penalties shall not be considered Program income. The financial status report submitted to OSM pursuant to 30 CFR 735.26 shall include the amount of fees and civil penalties collected and attributable to Federal lands during the prior State fiscal year.
</P>
<HD1>Article VI: Review of Permit Application Package
</HD1>
<HD2>A. Responsibilities
</HD2>
<P>NREPC will assume primary responsibility for the analysis, review, and approval, disapproval, or conditional approval of the permit application component of the permit application package (PAP) required by 30 CFR 740.13 for surface coal mining and reclamation operations in Kentucky on Federal lands. NREPC will assume the responsibilities for review of permit applications to the extent authorized in 30 CFR 740.4(c)(1), (2), (3), (4), (6), and (7).
</P>
<P>For proposals to conduct surface coal mining operations involving leased Federal coal, OSM is responsible for preparing a mining plan decision document in accordance with 30 CFR 746.13 and obtaining the Secretary's approval.
</P>
<P>The Bureau of Land Management (BLM) is responsible for matters concerned exclusively with regulations under 43 CFR Group 3400.
</P>
<P>The Secretary reserves the right to act independently of NREPC to carry out responsibilities under laws other than the Act or provisions of the Act not covered by the Program, and in instances of disagreement over the Act and the Federal lands program. The Secretary will make determinations under the Act that cannot be delegated to the State, some of which have been delegated to OSM.
</P>
<P>Responsibilities and decisions which can be delegated to NREPC under other applicable Federal laws may be specified in working agreements between OSM and the State with the concurrence of any Federal agency involved and without amendment to this agreement.
</P>
<HD2>B. Permit Application Package
</HD2>
<P>NREPC shall require an applicant proposing to conduct surface coal mining and reclamation operations on Federal lands to submit a PAP with an appropriate number of copies to NREPC. NREPC will furnish OSM, the Federal land management agency, and any other agency with jurisdiction or responsibility over Federal lands affected by operations proposed in the PAP with an appropriate number of copies of the PAP. The PAP will be in the form required by NREPC and will include any supplemental information required by OSM, the Federal land management agency, and any other agency with jurisdiction or responsibility over Federal lands affected by operations proposed in the PAP.
</P>
<P>At a minimum, the PAP will satisfy the requirements of 30 CFR 740.13(b) and include the information necessary for NREPC to make a determination of compliance with the Program, and for OSM, the appropriate Federal land management agencies, and any other agencies with jurisdiction or responsibilities over Federal lands affected by operations proposed in the PAP to make determinations of compliance with applicable requirements of the Act, the Federal lands program, other Federal laws, Executive Orders, and regulations for which they are responsible.
</P>
<HD2>C. Review Procedures
</HD2>
<P>NREPC will be the primary point of contact for applicants regarding the review of the PAP for compliance with the Program and State laws and regulations. OSM will review the applicable portions of the PAP for compliance with the non-delegated responsibilities of the Act and for compliance with the requirements of other Federal laws, Executive Orders, and regulations.
</P>
<P>OSM and NREPC will develop a work plan and schedule for PAP reviews that comply with the time limitations established by the approved State program, and each agency will designate a person as the Federal lands liaison. The Federal lands liaisons will serve as the primary points of contact between OSM and NREPC throughout the review process. Not later than 45 calendar days after receipt of an administratively complete PAP, unless a different schedule is agreed upon, OSM will furnish NREPC with its review comments on the PAP and specify any requirements for additional data.
</P>
<P>OSM and NREPC will coordinate with each other during the review process as needed. NREPC will send to OSM copies of any correspondence with the applicant and any information received from the applicant regarding the PAP.
</P>
<P>OSM will send to NREPC copies of all OSM correspondence which may have a bearing on the PAP.
</P>
<P>OSM will provide technical assistance to NREPC when requested, and will have access to NREPC files concerning operations on Federal lands. NREPC will keep OSM informed of findings made during the review process which bear on the responsibilities of OSM or other Federal agencies.
</P>
<HD2>D. Coordination Between NREPC, OSM, and Other Federal Agencies
</HD2>
<P>NREPC will, to the extent authorized, consult with the Federal land management agency and BLM pursuant to 30 CFR 740.4(c)(2) and (3), respectively. NREPC will also be responsible for obtaining the comments and determinations of other agencies with jurisdiction or responsibility over the Federal lands affected by the operations proposed in the PAP. NREPC will request all Federal agencies to furnish their findings or any request for additional information to NREPC within 45 calendar days of the date of receipt of the PAP. OSM will, upon request, assist NREPC in obtaining such information.
</P>
<P>In accordance with 30 CFR 745.12(g)(2), where lands containing leased Federal coal are involved, NREPC will provide OSM, in the form specified by OSM in consultation with NREPC, with written findings indicating that each permit application is in compliance with the terms of the regulatory program and a technical analysis of each permit application to assist OSM in meeting its responsibilities under other applicable Federal laws and regulations.
</P>
<P>Where leased Federal coal is involved, OSM will consult with and obtain the concurrences of BLM, the Federal land management agency, and any other agency with jurisdiction or responsibility over the Federal lands affected by the operations proposed in the PAP as required to make its recommendation for the Secretary's decision on the mining plan.
</P>
<P>Where BLM contacts the applicant in carrying out its responsibilities under 43 CFR Group 3400, BLM will immediately inform NREPC of its actions and provide NREPC with a copy of documentation of all decisions within 5 calendar days.
</P>
<HD2>E. Permit Application Decision and Permit Issuance
</HD2>
<P>NREPC will prepare a State decision package, including written findings and supporting documentation, indicating whether the PAP is in compliance with the Program. NREPC will make the decision on approval, disapproval, or conditional approval of the permit on Federal lands.
</P>
<P>Any permit issued by NREPC will incorporate any lawful terms or conditions imposed by the Federal land management agency, including conditions relating to post-mining land use, and will be conditioned upon compliance with the requirements of the Federal land management agency.
</P>
<P>NREPC may make a decision on approval, disapproval, or conditional approval of the permit on Federal lands in accordance with the Program prior to the necessary Secretarial decision on the mining plan when leased Federal coal is involved, provided that NREPC advises the operator in the permit that Secretarial approval of the mining plan must be obtained before the operator may conduct surface coal mining operations on the Federal lease. NREPC will reserve the right to amend or rescind any requirements of the permit to conform with any terms or conditions imposed by the Secretary in the approval of the mining plan.
</P>
<P>After making its decision on the PAP, NREPC will send a notice to the applicant, OSM, the Federal land management agencies, and any other agency with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. A copy of the permit and written findings will be provided to OSM upon request.
</P>
<HD2>F. Review Procedures for Permit Revisions; Renewals; and Transfer, Assignment, or Sale of Permit Rights
</HD2>
<P>Any permit revision or renewal for a surface coal mining and reclamation operation on Federal lands will be reviewed and approved, or disapproved, by NREPC after consultation with OSM on whether such revision or renewal constitutes a mining plan modification pursuant to 30 CFR 746.18. OSM will inform NREPC within 10 calendar days of receiving a copy of a proposed permit revision or renewal, whether the permit revision or renewal constitutes a mining plan modification.
</P>
<P>Transfer, assignment, or sale of permit rights on Federal lands shall be processed in accordance with the Program and 30 CFR 740.13(e).
</P>
<HD1>Article VII: Inspections
</HD1>
<P>NREPC will conduct inspections of all surface coal mining and reclamation operations on Federal lands, in accordance with 30 CFR 740.4(c)(5) and the Program and prepare and file inspection reports in accordance with the Program. NREPC, subsequent to conducting any inspection pursuant to 30 CFR 740.4(c)(5), and in a timely fashion which will not exceed 45 calendar days, will file with OSM's Lexington Field Office a legible copy of the completed State inspection report.
</P>
<P>NREPC will be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by this Agreement, except as described hereinafter. Nothing in this Agreement will prevent inspections by authorized Federal or State land management agencies for purposes other than those covered by this Agreement. The Department of the Interior acting through OSM, the Federal land management agency or any other agency with jurisdiction or responsibility over Federal lands to be affected under the proposed PAP, may conduct any inspections necessary to comply with obligations under 30 CFR Parts 842 and 843 and any laws other than the Act.
</P>
<P>OSM will give NREPC reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to provide NREPC inspectors with an opportunity to accompany OSM inspectors. When OSM is responding to a citizen complaint of an imminent danger to the public health and safety, or of significant, imminent environmental harm to land, air or water resources pursuant to 30 CFR 842.11(b)(1)(ii)(c), it will contact NREPC and provide the opportunity for a joint Federal/State inspection. Inability of NREPC to make an immediate joint inspection will not be cause for OSM to delay a Federal inspection where a citizen has alleged, and OSM has reason to believe, that an imminent danger to the public health and safety, or significant, imminent environmental harm to land, air or water resources exists. All citizen complaints which do not involve an imminent danger or significant, imminent environmental harm will be referred to NREPC for action in accordance with OSM regulations, policies, and procedures.
</P>
<HD1>Article VIII: Enforcement
</HD1>
<P>NREPC will have primary enforcement authority under the Act concerning compliance with the requirements of this Agreement and the Program in accordance with 30 CFR 740.4(c)(5). Enforcement authority given to the Secretary under other Federal laws and Executive Orders including, but not limited to, those listed in appendix A (attached) is reserved to the Secretary.
</P>
<P>During any joint inspections by OSM and NREPC, NREPC will have primary responsibility for enforcement procedures including issuance of orders of cessation, notices of violation, and assessment of penalties. NREPC will inform OSM prior to issuance of any decision to suspend or revoke a permit on Federal lands.
</P>
<P>During any inspection made solely by OSM or any joint inspection where NREPC and OSM fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to comply with 30 CFR Parts 843, 845, and 846. Such enforcement action will be based on the standards in the Program, the Act, or both, and will be taken using the procedures and penalty system contained in 30 CFR Parts 843, 845, and 846.
</P>
<P>NREPC and OSM will within 5 calendar days notify each other of all violations of applicable laws, regulations, orders, or approved mining permits subject to this Agreement, and of all actions taken with respect to such violations. 
</P>
<P>Personnel of NREPC and OSM will be mutually available to serve as witnesses in enforcement actions taken by either party. 
</P>
<P>This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other than the Act.
</P>
<HD1>Article IX: Bonds 
</HD1>
<P>NREPC and the Secretary will require each permittee who conducts operations on Federal lands to submit a performance bond payable to the State of Kentucky for an amount adequate to cover the operator's responsibilities under the Act and Program. Such performance bond will be conditioned upon compliance with all requirements of the Act, the Program, State rules and regulations, and any other requirements imposed by the Department of the Interior. Such bond will state on its face that in the event the Federal Lands Cooperative Agreement between Kentucky and the U.S. Department of the Interior is terminated, the portion of the bond covering the Federal lands increment(s) shall be assigned to the United States. The bond shall also state that if subsequent to the forfeiture of the bond, the Cooperative Agreement is terminated, any unspent or uncommitted proceeds of the portion of the bond covering the Federal lands increment(s) shall be assigned to and forwarded to the United States. NREPC will advise OSM within 30 calendar days of any adjustments to the performance bond made pursuant to the Program. 
</P>
<P>Prior to releasing the permittee from any obligation under such bond for surface coal mining operations involving leased Federal coal, NREPC will obtain the concurrence of OSM. OSM concurrence will include coordination with the Federal land management agency and any other agency with jurisdiction or responsibility over Federal lands affected by the surface coal mining and reclamation operation. 
</P>
<P>Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43 CFR subpart3474 or lessee protection bond required in addition to a performance bond, in certain circumstances, by Section 715 of the Act. Where Federal lease bonds or protections are required, OSM or the appropriate Federal agency is responsible for the collection and maintenance of such bonds.
</P>
<HD1>Article X: Designating Areas Unsuitable for All or Certain Types of Surface Coal Mining and Reclamation Operations and Activities, Valid Existing Rights (VER), and Compatibility Determinations
</HD1>
<HD2>A. Unsuitability Petitions 
</HD2>
<P>1. Authority to designate Federal lands as unsuitable for mining pursuant to a petition is reserved to the Secretary. 
</P>
<P>2. When either NREPC or OSM receives a petition to designate land areas unsuitable for all or certain types of surface coal mining operations that could impact adjacent Federal or non-Federal lands pursuant to Section 522(c) of the Act, the agency receiving the petition will notify the other agency of receipt within 5 calendar days and of the anticipated schedule for reaching a decision, and request and fully consider data, information and recommendations of the other agency. OSM will coordinate with the Federal land management agency and any other agency with jurisdiction or responsibility over Federal lands within or adjacent to the petition area and will solicit comments from these agencies.
</P>
<HD2>B. VER and Compatibility Determinations 
</HD2>
<P>The following actions will be taken when requests for determinations of VER pursuant to Section 522(e)(1) or (2) of the Act or for determinations of compatibility pursuant to Section 522(e)(2) of the Act are received: 
</P>
<P>1. For Federal lands where proposed operations are prohibited or limited by Section 522(e)(1) or (2) of the Act and 30 CFR 761.11(a) or (b), OSM will make the VER determination. 
</P>
<P>2. OSM will process requests for determinations of compatibility under Section 522(e)(2) of the Act and 30 CFR 761.11(b) and 761.12(c).
</P>
<HD1>Article XI: Termination of Cooperative Agreement 
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement 
</HD1>
<P>If this Agreement has been terminated in whole or in part, it may be reinstated under the provisions of 30 CFR 745.16. The Secretary reserves the powers and authority specified in 30 CFR 745.13.
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement 
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIV: Changes in State or Federal Standards 
</HD1>
<P>The Secretary or NREPC may, from time to time, promulgate new or revised performance or reclamation requirements or enforcement and administrative procedures. Each party will, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations or request necessary legislative action. 
</P>
<P>Such changes will be made under the procedures of 30 CFR part 732 for changes to the Program and under the procedures of Section 501 of the Act for changes to the Federal lands program. 
</P>
<P>NREPC and OSM will provide each other with copies of any changes to their respective laws, rules, regulations, policy statements, guidelines or standards pertaining to the enforcement and administration of this Agreement.
</P>
<HD1>Article XV: Changes in Personnel and Organization 
</HD1>
<P>Each party to this Agreement will notify the other, when necessary, of any changes in personnel, organization and funding, or other changes that may affect the implementation of this Agreement to ensure coordination of responsibilities and facilitate cooperation.
</P>
<HD1>Article XVI: Reservation of Rights 
</HD1>
<P>This Agreement will not be construed as waiving or preventing the assertion of any rights in this Agreement that the State or the Secretary may have under laws other than the Act or their regulations, including but not limited to those listed in Appendix A.
</P>
<P>Dated: August 18, 1998.
</P>
<FRP>Paul E. Patton,
</FRP>
<FRP><I>Commonwealth of Kentucky.</I>
</FRP>
<P>Dated: September 24, 1998.
</P>
<FRP>Bruce Babbitt,
</FRP>
<FRP><I>Secretary of the Interior.</I>
</FRP>
<HD1>Appendix A 
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations. 
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations, including 43 CFR part 3480. 
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500. 
</P>
<P>4. The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402. 
</P>
<P>5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 <I>et seq.,</I> 48 Stat. 401. 
</P>
<P>6. The Bald and Golden Eagle Protection Act of 1940, as amended, 16 U.S.C. 668-668d, and implementing regulations. 
</P>
<P>7. The Migratory Bird Treaty Act, as amended, 16 U.S.C. 701-718h <I>et seq.</I> 
</P>
<P>8. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800. 
</P>
<P>9. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations. 
</P>
<P>10. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations. 
</P>
<P>11. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations. 
</P>
<P>12. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I> 
</P>
<P>13. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands. 
</P>
<P>14. Executive Order 11988 (May 24, 1977), for flood plain protection. 
</P>
<P>15. Executive Order 11990 (May 24, 1977), for wetlands protection. 
</P>
<P>16. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations. 
</P>
<P>17. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I> 
</P>
<P>18. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa <I>et seq.,</I> as amended. 
</P>
<P>19. The Constitution of the United States. 
</P>
<P>20. The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 <I>et seq.</I> 
</P>
<P>21. 30 CFR Chapter VII. 
</P>
<P>22. The Constitution of the Commonwealth of Kentucky and State Law.</P></EXTRACT>
<CITA TYPE="N">[63 FR 53257, Oct. 2, 1998]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="918" NODE="30:3.0.1.18.94" TYPE="PART">
<HEAD>PART 918—LOUISIANA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 918.1" NODE="30:3.0.1.18.94.0.1.1" TYPE="SECTION">
<HEAD>§ 918.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Louisiana which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[45 FR 67343, Oct. 10, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 918.10" NODE="30:3.0.1.18.94.0.1.2" TYPE="SECTION">
<HEAD>§ 918.10   State regulatory program approval.</HEAD>
<P>The Secretary approved the Louisiana regulatory program, as submitted on January 3, 1980, and resubmitted on September 4, 1980, effective October 10, 1980. Copies of the approved program are available at:
</P>
<P>(a) Louisiana Department of Natural Resources, Office of Conservation, Injection and Mining Division, 625 N. 4th Street, P.O. Box 94275, Baton Rouge, LA 70804-9275.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.
</P>
<CITA TYPE="N">[64 FR 20167, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 918.15" NODE="30:3.0.1.18.94.0.1.3" TYPE="SECTION">
<HEAD>§ 918.15   Approval of Louisiana regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 19, 1990</TD><TD align="left" class="gpotbl_cell">May 8, 1991</TD><TD align="left" class="gpotbl_cell">Chapters 1, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 35, 37, 39, 41, 43, 45, 47, 51, 53, 55, 59, 63, 65, 69. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 14, 1990</TD><TD align="left" class="gpotbl_cell">May 21, 1991</TD><TD align="left" class="gpotbl_cell">Policy statements—PS-1, PS-2, PS-3 regarding requirements at LSMR 5353.C, 3127, 5321; 107.C, Chapter 4. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 12, 1991</TD><TD align="left" class="gpotbl_cell">October 28, 1992</TD><TD align="left" class="gpotbl_cell">LSMR 107.G.1, 2; 53123.A, .1, .2, .3, .4, .B.1.b, .d, .2.a, .b, .3.b, .B.2.a, .4, .7, .9; Policy Statement PS-4 interpreting LSMR 2523; LSMR 53125. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 3, 1994</TD><TD align="left" class="gpotbl_cell">September 20, 1994</TD><TD align="left" class="gpotbl_cell">LSMR 53123.B.4.a. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 2, 1994</TD><TD align="left" class="gpotbl_cell">January 24, 1995</TD><TD align="left" class="gpotbl_cell">LSMR 5423.B.4.a; Policy Statement PS-5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 4, 1997</TD><TD align="left" class="gpotbl_cell">March 11, 1998</TD><TD align="left" class="gpotbl_cell">LSMR section 105.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 24, 1997</TD><TD align="left" class="gpotbl_cell">May 8, 1998</TD><TD align="left" class="gpotbl_cell">Sections 105.; 2537.A.11.; 2725.A., A.2., A.3., A.3.a., C.1., F; 2907.C.5.; 3705.A.2., A.2.a., A.2.b.; 3711.A., B.1. through B.6.; 3717.A., A.2., A.3.; 4501.A.3., A.4.; 5333.A.1. through A.13.; 5411.A.; 5413.A.; 5503.A.2.; 5507.A.4.; 6507.A.2.; 6913 .B.; 6915.B.1.; 6917.A.; 7105.C.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 23, 1999</TD><TD align="left" class="gpotbl_cell">December 7, 1999</TD><TD align="left" class="gpotbl_cell">R.S. 30:907(B)(16) through (20); (C); and 927(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 1, 2001</TD><TD align="left" class="gpotbl_cell">December 14, 2001</TD><TD align="left" class="gpotbl_cell">Revegetation Success Standards for Pastureland.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 3, 2001</TD><TD align="left" class="gpotbl_cell">February 26, 2002.</TD><TD align="left" class="gpotbl_cell">LSMR Sections 105, 1105, 1107.B through F, 1109, 2111.A.8, 2113.B.4, and 2323.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 2, 2001</TD><TD align="left" class="gpotbl_cell">November 15, 2002</TD><TD align="left" class="gpotbl_cell">LAC Sections 5423.B.1.e. and 8.a.; 5424; 5425; and policy document titled, “Reclamation Phase III Revegetation Success Standards for Post-Mining Land Use of Wildlife Habitat.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 4, 2010</TD><TD align="left" class="gpotbl_cell">March 9, 2011</TD><TD align="left" class="gpotbl_cell">Sections 105; 2913; 3113 C., D., E., F., G., H.; 3114; 3115 A. 17, 18, 19; 3127; 3129; 3131; 3133; 3135; 3137; Chapter 35 title; 3521; 3523; 3517 C.1.; 2304; 2305 A.1., A.2.c., d., e., A.3., A.4.; 2307 A.1., A.3.; 5414; 6501 G.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9943, Mar. 5, 1997, as amended at 63 FR 11830, Mar. 11, 1998; 63 FR 25394, May 8, 1998; 63 FR 38881, July 20, 1998; 64 FR 68291, Dec. 7, 1999; 66 FR 64749, Dec. 14, 2001; 67 FR 8719, Feb. 26, 2002; 67 FR 69129, Nov. 15, 2002; 76 FR 12856, Mar. 9, 2011]



</CITA>
</DIV8>


<DIV8 N="§ 918.16" NODE="30:3.0.1.18.94.0.1.4" TYPE="SECTION">
<HEAD>§ 918.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17(f)(1), Louisiana is required to submit to OSM by the specified date the following written, proposed program amendment, or a description of an amendment to be proposed, that meets the requirements of SMCRA and 30 CFR chapter VII and a timetable for enactment that is consistent with Louisiana's established administrative or legislative procedures.
</P>
<P>(a)-(b) [Reserved]
</P>
<CITA TYPE="N">[60 FR 4544, Jan. 24, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 918.20" NODE="30:3.0.1.18.94.0.1.5" TYPE="SECTION">
<HEAD>§ 918.20   Approval of Louisiana abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Louisiana abandoned mine land reclamation plan, as submitted on February 3, 1986, effective December 10, 1986. Copies of the approved plan are available at:
</P>
<P>(a) Louisiana Department of Natural Resources, Office of Conservation, Injection and Mining Division, 625 N. 4th Street, P.O. Box 94275, Baton Rouge, LA 70804-9275.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.
</P>
<CITA TYPE="N">[64 FR 20167, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 918.25" NODE="30:3.0.1.18.94.0.1.6" TYPE="SECTION">
<HEAD>§ 918.25   Approval of Louisiana abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 3, 1986</TD><TD align="left" class="gpotbl_cell">November 10, 1986</TD><TD align="left" class="gpotbl_cell">Approval of AMLR program. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 12, 1989</TD><TD align="left" class="gpotbl_cell">April 9, 1990</TD><TD align="left" class="gpotbl_cell">Certification for Noncoal reclamation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 4, 2010</TD><TD align="left" class="gpotbl_cell">March 9, 2011</TD><TD align="left" class="gpotbl_cell">Section 8509.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9944, Mar. 5, 1997, as amended at 76 FR 12856, Mar. 9, 2011]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="920" NODE="30:3.0.1.18.95" TYPE="PART">
<HEAD>PART 920—MARYLAND
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I> 


</PSPACE></AUTH>

<DIV8 N="§ 920.1" NODE="30:3.0.1.18.95.0.1.1" TYPE="SECTION">
<HEAD>§ 920.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Maryland that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[45 FR 79449, Dec. 1, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 920.10" NODE="30:3.0.1.18.95.0.1.2" TYPE="SECTION">
<HEAD>§ 920.10   State program approval.</HEAD>
<P>The Maryland State program submitted on March 3, 1980, as amended and clarified on June 16, 1980, and as further amended on April 9, 1980, June 3, 1981, and October 23, 1981, is approved effective February 18, 1982. Copies of the approved program, as amended are available for review at:
</P>
<P>(a) Maryland Department of Natural Resources, Water Resources Administration, Bureau of Mines, 160 South Water Street, Frostburg, Maryland 21532.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Harrisburg Field Office, Harrisburg Transportation Center, Third Floor, Suite 3C, Fourth and Market Streets, Harrisburg, Pennsylvania 17101.
</P>
<CITA TYPE="N">[50 FR 47385, Nov. 18, 1985, as amended at 59 FR 17929, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 920.12" NODE="30:3.0.1.18.95.0.1.3" TYPE="SECTION">
<HEAD>§ 920.12   State program provisions disapproved.</HEAD>
<P>The following provision of the Maryland permanent regulatory program submission is hereby disapproved: COMAR 08.13.09.41D, which proposes that in lieu of a civil penalty assessment, the regulatory authority may order a suspension of strip mining operations for an appropriate period of time such that the economic impact on the operator is equivalent to the amount of the civil penalty which would have been assessed for the violation. 
</P>
<CITA TYPE="N">[45 FR 79449, Dec. 1, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 920.15" NODE="30:3.0.1.18.95.0.1.4" TYPE="SECTION">
<HEAD>§ 920.15   Approval of Maryland regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 28, 1982</TD><TD align="left" class="gpotbl_cell">February 8, 1984</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.01B(24), .02K(2)(d), .05A(5), (12), (13), .07B(3), H(1), (3), .25A(4). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 1984, October 5, 1984</TD><TD align="left" class="gpotbl_cell">January 22, 1985</TD><TD align="left" class="gpotbl_cell">Blaster certification program; COMAR 08.13.09.02, .25; and other items. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 30, 1985</TD><TD align="left" class="gpotbl_cell">September 10, 1985</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.02, .25. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 13, 1984, June 8, 1984, August 7, 1984, October 10 1984, November 9, 1984</TD><TD align="left" class="gpotbl_cell">November 18, 1985</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09, 08.13.09.07, .15B(2)(c), C(3), F(3), H(2), (5), I(1)(b), (c), (2)(a), J(4), (5), (6)(a), .40B, F(4) through (7); M.C.A. §§ 7-504(a), (c), 7-505.1(e), 7-506(c)(3), (h), 7-507(c)(2), 7-511(a), (b), 7-514.6. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 14, 1986, May 15, 1986</TD><TD align="left" class="gpotbl_cell">December 12, 1986</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.07A, B, C, G(2), (5)(a), (k); M.C.A. §§ 7-504(D), 7-505(g), 7-506(c), 7-507(c)(1), 7-514(C). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1986, April 23, 1986</TD><TD align="left" class="gpotbl_cell">January 30, 1987</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.01B(14), .03, G, H, .28, E. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 8, 1987, June 10, 1988</TD><TD align="left" class="gpotbl_cell">June 5, 1990</TD><TD align="left" class="gpotbl_cell">M.C.A. §§ 7-505(a), (b)(2)(iii), (c)(1), (2), (d)(1), I, II, III, (2); 7-506; § 2; 7-511(A), (B); 7-513; 7-514(a); 7-517(D). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 30, 1989</TD><TD align="left" class="gpotbl_cell">January 11, 1991</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.01, .02, .13, .17, .28, .31 through .34, .42, .43. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 15, 1989</TD><TD align="left" class="gpotbl_cell">March 21, 1991</TD><TD align="left" class="gpotbl_cell">M.C.A. §§ 7-5A-05(c), (d); 7-5A-05.1; 7-5A-13(c), (d); 7-5A-13.2; 7-203(H); 7-205(B), (C); 7-501(n); 7-505(c), (d), (k); 7-507(a), (b), (c)(3); 7-509(A); 7-510(b); 7-514(d). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 28, 1990, November 21, 1990</TD><TD align="left" class="gpotbl_cell">April 26, 1991</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.06, B, .43K(7), N(7).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 27, 1989</TD><TD align="left" class="gpotbl_cell">May 22, 1991</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.01, .02, .04, .05, .08, .10, .11, .26, .40. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 23, 1990</TD><TD align="left" class="gpotbl_cell">June 21, 1991</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.02, .05, .10, .11. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 31, 1989</TD><TD align="left" class="gpotbl_cell">August 9, 1991</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.01B, .02K, O, .23D, E, I, J, .24A, C, D, F, H, I, .35A, C through G, .41, B through G. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 6, 1990</TD><TD align="left" class="gpotbl_cell">December 2, 1991</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.01B(59), .02H, i, i(1), (3), (4), (5), (11), .04L(2) through (6), M(1), (3), .05D(9), E, F, .40G(10). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 10, 1988, June 14, 1989, June 15, 1989</TD><TD align="left" class="gpotbl_cell">December 5, 1991</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.15A through F, H, I, (2)(b), (4), (a), (b), J, L, M; M.C.A. §§ 7-507.1, 7-514, .1, .2, 7-519, 7-5A-05.2, 7-5A-09(c), 7-5A-10(d). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 7, 1991, May 16, 1991</TD><TD align="left" class="gpotbl_cell">January 10, 1992</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.43A, B(1), (e), (3) through (6), K(7), (8), N(7). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 23, 1992</TD><TD align="left" class="gpotbl_cell">September 24, 1992</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.03D(7), .11G(7), .33C(1). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 11, 1992</TD><TD align="left" class="gpotbl_cell">November 16, 1992</TD><TD align="left" class="gpotbl_cell">M.C.A. §§ 7-101(k), 7-501(o), 7-5A-01(h). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 14, 1992</TD><TD align="left" class="gpotbl_cell">December 17, 1992</TD><TD align="left" class="gpotbl_cell">M.C.A. §§ 7-205(b)(2), (c); 7-206; 7-505(a), (c), (d), (5), (f), (j). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 23, 1992</TD><TD align="left" class="gpotbl_cell">December 30, 1992</TD><TD align="left" class="gpotbl_cell">M.C.A. § 7-508(b)(2). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 21, 1992</TD><TD align="left" class="gpotbl_cell">May 17, 1993</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.24B.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 23, 1993</TD><TD align="left" class="gpotbl_cell">June 17, 1993</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.02.01(B), (E), (M), .02A, C(2), .03E, J, M, .04B, C, .06, .07A, B, .08, .09, .10, A, B. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 7, 1992</TD><TD align="left" class="gpotbl_cell">June 22, 1993</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09.23E, .24H, I, .41C. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 5, 1993</TD><TD align="left" class="gpotbl_cell">July 6, 1993</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.09. 04B(3)(c), (4), C(2)(e), G(4), (5), (6), H(1), (2)(b), I, (1), J(1), (a), (2) through (5), (7), L, .27A, B, (8), (13), (14), (15), D; 08.20.04. 02C, D, .03B(5), .07D, E, F, .08A, B(2), .09, .10A, .11, A, (1), B, D through G, .13; 08.20.23.01A, B, (8), (13), (14) (15), D. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 25, 1994</TD><TD align="left" class="gpotbl_cell">June 30, 1994</TD><TD align="left" class="gpotbl_cell">COMAR 08.13.02.01 through .05, .07, .11 through .15; 08.20.02.18; 08.20.13.01, .03(C), (D), .04(D), .10(D), .11, .12; 08.20.14.13(A), (C), (E). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 16, 1994, May 31, 1994</TD><TD align="left" class="gpotbl_cell">November 14, 1994</TD><TD align="left" class="gpotbl_cell">M.C.A. §§ 7-501(o), (v); 7-504 (b) through (d); 7-517.1; COMAR 08.13.09.24H(1)(q), (3)(c). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 16, 1995</TD><TD align="left" class="gpotbl_cell">November 9, 1995</TD><TD align="left" class="gpotbl_cell">M.C.A. §§ 7-505, Code 7-515; COMAR 08.20.16.02A, .03A, .08A, B. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 26, 1995</TD><TD align="left" class="gpotbl_cell">March 25, 1996</TD><TD align="left" class="gpotbl_cell">M.C.A. §§ 7-501(m), (w); 7-505(1)(2); 7-511(b)(2)(I), (II), (III); COMAR 08.20.14.14.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 5, 1996</TD><TD align="left" class="gpotbl_cell">March 26, 1997</TD><TD align="left" class="gpotbl_cell">M.C.A. §§ 15-514(a)(4), 15-514.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 7, 1997</TD><TD align="left" class="gpotbl_cell">March 23, 1998</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.26.05 A (1) through (5), B (1) through (4), C (1) through (5), D (1) through (3), E, 26.20.14.06 B(3), B(4), B(8), 26.20.14.09 B(2) (b), (c), (d), and (e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 9, 1997</TD><TD align="left" class="gpotbl_cell">April 20, 1998</TD><TD align="left" class="gpotbl_cell">COMMAR 26.20.01.02B(49), 26.20.14.05 B, C &amp; D, 26.20.14.08.D.(2) through (4), 26.20.29.07.B(8), B(9) and (C), deletion of 08.20.14.14.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 6, 1997</TD><TD align="left" class="gpotbl_cell">May 13, 1998</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.14.01B, 26.20.14.03, 26.20.14.04, Actuarial Study.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 25, 1998</TD><TD align="left" class="gpotbl_cell">April 13, 1999</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.34.06G, 26.20.34.09G, deletion of 26.20.06.02.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 22, 1997</TD><TD align="left" class="gpotbl_cell">July 8, 1999</TD><TD align="left" class="gpotbl_cell">Chapter 223, 1997 Laws of Maryland, Section 15-204(a)(4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 27, 1999</TD><TD align="left" class="gpotbl_cell">November 22, 1999</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.01.02B(82), 26.20.02.13 BB(1) through BB(8)&amp;CC, 26.20.19.01A through G, 26.20.19.02 A, B&amp;C, 26.20.19.03 A&amp;D, 26.20.19.04 A(1) through (4)&amp;C, 26.20.19.06D, 26.20.19.07(1) through (6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 10, 2000</TD><TD align="left" class="gpotbl_cell">November 8, 2000</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.12.02 B(1)(a) revision to the definition of “government-financed construction.” COMAR 26.20.12.04, Addition of subsection 04, “Government Funded Reclamation Projects.”
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 11, 2000</TD><TD align="left" class="gpotbl_cell">June 18, 2001</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.01.02B(72-1), 26.20.02.01C and D, 26.20.02.13M, 26.20.03.05I(5), 26.20.14.09A(5), 26.20.31.02H, I, J,&amp; K. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 7, 2001</TD><TD align="left" class="gpotbl_cell">October 5, 2001</TD><TD align="left" class="gpotbl_cell">Section 15-204 (4)(5) of the Annotated Code of the Public General Laws of Maryland, Environment.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 22, 2002</TD><TD align="left" class="gpotbl_cell">April 29, 2003</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.01.02 (51-1), (81-1); 26.20.02.15B,C,D; 26.20.02.16E; 26.20.13.05A,B,C,D; 26.20.13.07A,B,C,D,E; 26.20.13.09D; 26.20.14.13D.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 25, 2002</TD><TD align="left" class="gpotbl_cell">July 17, 2003</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.02.13 U, V(1) and (3), AA(1); 26.20.21.01-1; 26.20.21.08 A(1) through (3), B(1) and (2), C, D(2), E(3); 26.20.21.09D(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 16, 2003</TD><TD align="left" class="gpotbl_cell">March 11, 2004</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.03.07.A, B; 26.20.03.11; 26.20.05.01, A, B, C, and L; and 26.20.25.02.D.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 7, 2004</TD><TD align="left" class="gpotbl_cell">June 17, 2004</TD><TD align="left" class="gpotbl_cell">M.C.A. Section 15-505(d)(6), (d)(7)(i)1., (d)(7)(i)2., (d)(7)(i)2.A., (d)(7)(i)2.B., and (d)(7)(iii).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 4, 2004</TD><TD align="left" class="gpotbl_cell">September 14, 2004</TD><TD align="left" class="gpotbl_cell">COMAR 26.20.10.01B(7)(a) and (b), 01-1, 02, 02C, 03A, B, C, D(2) and H, 04, 05, 06, and 07.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 29, 2007</TD><TD align="left" class="gpotbl_cell">June 15, 2007</TD><TD align="left" class="gpotbl_cell">MAC 15-517(c); 15-517(d)(1); and 15-517(e).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9944, Mar. 5, 1997, as amended at 62 FR 14308, Mar. 26, 1997; 62 FR 32687, June 17, 1997; 63 FR 13784, Mar. 23, 1998; 63 FR 19406, Apr. 20, 1998; 63 FR 26453, May 13, 1998; 64 FR 17980, Apr. 13, 1999; 64 FR 36785, July 8, 1999; 64 FR 63688, Nov. 22, 1999; 65 FR 66931, Nov. 8, 2000; 65 FR 78416, Dec. 15, 2000; 66 FR 32746, June 18, 2001; 66 FR 50829, Oct. 5, 2001; 68 FR 22604, Apr. 29, 2003; 68 FR 42281, July 17, 2003; 69 FR 11515, Mar. 11, 2004; 69 FR 33850, June 17, 2004; 69 FR 55355, Sept. 14, 2004; 72 FR 33155, June 15, 2007]





</CITA>
</DIV8>


<DIV8 N="§ 920.16" NODE="30:3.0.1.18.95.0.1.5" TYPE="SECTION">
<HEAD>§ 920.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17, Maryland is required to submit for OSMRE's approval the following proposed program amendments by the dates specified.
</P>
<P>(a)-(o) [Reserved]
</P>
<CITA TYPE="N">[51 FR 44790, Dec. 12, 1986, as amended at 56 FR 19282, Apr. 26, 1991; 56 FR 37851, Aug. 9, 1991; 56 FR 63659, Dec. 5, 1991; 57 FR 62222, Dec. 30, 1992; 58 FR 33912, June 22, 1993; 63 FR 13784, Mar. 23, 1998; 63 FR 26454, May 13, 1998; 64 FR 17980, Apr. 13, 1999; 64 FR 36786, July 8, 1999; 66 FR 50829, Oct. 5, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 920.20" NODE="30:3.0.1.18.95.0.1.6" TYPE="SECTION">
<HEAD>§ 920.20   Approval of Maryland abandoned mine plan.</HEAD>
<P>The Maryland Abandoned Mine Plan, as submitted on March 8, 1982, is approved. Copies of the approved program are available at the following locations:
</P>
<P>(a) Office of Surface Mining Reclamation and Enforcement, Harrisburg Field Office, Harrisburg Transportation Center, Third Floor, Suite 3C, Fourth and Market Streets, Harrisburg, Pennsylvania 17101.
</P>
<P>(b) Maryland Department of Natural Resources, Water Resources Administration, Bureau of Mines, 160 South Water Street, Frostburg, Maryland 21532.
</P>
<CITA TYPE="N">[59 FR 17929, Apr. 15, 1994] 


</CITA>
</DIV8>


<DIV8 N="§ 920.25" NODE="30:3.0.1.18.95.0.1.7" TYPE="SECTION">
<HEAD>§ 920.25   Approval of Maryland abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 4, 1992</TD><TD align="left" class="gpotbl_cell">March 22, 1993</TD><TD align="left" class="gpotbl_cell">Chapters 1, 5, 11 of Plan—Expenditure of Funds.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 19, 1993</TD><TD align="left" class="gpotbl_cell">December 9, 1994</TD><TD align="left" class="gpotbl_cell">Chapter 1 of Plan—Project Ranking &amp; Selection.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9945, Mar. 5, 1997]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="921" NODE="30:3.0.1.18.96" TYPE="PART">
<HEAD>PART 921—MASSACHUSETTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 41004, Sept. 12, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 921.700" NODE="30:3.0.1.18.96.0.1.1" TYPE="SECTION">
<HEAD>§ 921.700   Massachusetts Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in Massachusetts which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Massachusetts Federal program.
</P>
<P>(c) The rules in this part apply to all surface coal mining operations in Massachusetts conducted on non-Federal and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in Massachusetts.
</P>
<P>(d) The recordkeeping and reporting requirements of this part are the same as those of the permanent program regulations which have been approved by the Office of Management and Budget under 44 U.S.C. 3507. 
</P>
<P>(e) There are no Massachusetts laws which provide more stringent environmental control and regulation of surface coal mining operations than do the provisions of the Surface Mining and Reclamation Act and the regulations in 30 CFR chapter VII.
</P>
<P>(f) The following are Massachusetts laws that interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and superseded insofar as they apply to surface coal mining operations regulated under the Act:
</P>
<P>(1) The Coal Mining Regulatory and Reclamation Act of 1977, as amended, Mass. Ann. Laws. Ch. 21B, Sections 1-15.
</P>
<P>(2) Statutes governing licenses for minerals exploration, Mass. Ann. Laws Ch. 21, section 54-56.
</P>
<P>(g) The Secretary may grant a limited variance from the performance standards of §§ 921.815 through 921.828 of this part if the applicant for coal exploration approval or a surface mining permit submitted pursuant to §§ 921.772 through 921.785 demonstrates in the application that: 
</P>
<P>(1) Such a variance is necessary because of the nature of Massachusetts' terrain, climate, biological, chemical or other relevant physical conditions; and 
</P>
<P>(2) The proposed variance is not less effective than the environmental protection requirements of the regulations in this program and is consistent with the Act. 
</P>
<CITA TYPE="N">[48 FR 41004, Sept. 12, 1983, as amended at 52 FR 13808, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 921.701" NODE="30:3.0.1.18.96.0.1.2" TYPE="SECTION">
<HEAD>§ 921.701   General.</HEAD>
<P>Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15, and part 701 of this chapter shall apply to surface coal mining and reclamation operations in Massachusetts.


</P>
</DIV8>


<DIV8 N="§ 921.702" NODE="30:3.0.1.18.96.0.1.3" TYPE="SECTION">
<HEAD>§ 921.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of the chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 921.707" NODE="30:3.0.1.18.96.0.1.4" TYPE="SECTION">
<HEAD>§ 921.707   Exemption for coal extraction incident to Government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 921.761" NODE="30:3.0.1.18.96.0.1.5" TYPE="SECTION">
<HEAD>§ 921.761   Areas designated unsuitable for surface coal mining by Act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 921.762" NODE="30:3.0.1.18.96.0.1.6" TYPE="SECTION">
<HEAD>§ 921.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mine operations.


</P>
</DIV8>


<DIV8 N="§ 921.764" NODE="30:3.0.1.18.96.0.1.7" TYPE="SECTION">
<HEAD>§ 921.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities, are applicable in Massachusetts beginning on May 28 1983.


</P>
</DIV8>


<DIV8 N="§ 921.772" NODE="30:3.0.1.18.96.0.1.8" TYPE="SECTION">
<HEAD>§ 921.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations. 
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. 
</P>
<CITA TYPE="N">[52 FR 13809, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 921.773" NODE="30:3.0.1.18.96.0.1.9" TYPE="SECTION">
<HEAD>§ 921.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations. 
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply: 
</P>
<P>(1) Any person applying for a permit shall submit five copies of the applications to the Office. 
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may: 
</P>
<P>(i) Reject a flagrantly deficient application, notifying the applicant of the findings; 
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or 
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review. 
</P>
<P>(3) Should the applicant not submit the information as required by § 921.773(b)(2)(ii) by the specified date, the Office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability. 
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter. 
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags. 
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act. 
</P>
<P>(d) No person shall conduct coal exploration which results in the removal of more than 250 tons of coal nor shall any person conduct surface coal mining operations without a permit issued by the Secretary pursuant to 30 CFR part 773 and applicable permits issued pursuant to the laws of the State of Massachusetts, including: The Historic and Scenic Rivers Act, Mass. Ann. Laws Ch. 21, sections 8-17B; Massachusetts Register of Historic Places, Mass. Ann. Laws Ch. 152 and the regulations (950 CMR 71); Historical Preservation Statutes, Mass. Ann. Laws Ch. 9, sections 26-27(D); real property statutes. Mass Ann. Laws Ch. 184, sections 31-32; statutes governing State forests and parks, Mass. Ann. Laws Ch. 132, sections 40-46; of the Wetlands Protection Act Ch. 131, sections 40-46; statutes and rules governing dredging permits, Mass. Ann. Laws Ch. 21A; section 14, 310 CMR 9.01 <I>et seq.;</I> the Massachusetts Hazardous Waste Management Act Ch. 21C, sections 1-14; the Massachusetts Clean Water Act Ch. 21, sections 26-53; statutes governing the construction of roads, drains, or ditches, Mass. Ann. Laws Ch. 252, Sections 15-18; statutes governing drilling or removal of sand or any minerals, Mass. Ann. Laws Ch. 132A, Sections 13-181 and statutes governing use, storage, and handling of explosives, Mass. Ann. Laws Ch. 148, Sections 9-19.
</P>
<P>(e) The Secretary shall provide for coordination of review and issuance of a coal exploration or surface coal mining and reclamation permit with the review and issuance of other Federal and State permits listed in this subpart and part 773 of this chapter.
</P>
<CITA TYPE="N">[52 FR 13809, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 921.774" NODE="30:3.0.1.18.96.0.1.10" TYPE="SECTION">
<HEAD>§ 921.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits. 
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE. 
</P>
<P>(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775. 
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later.
</P>
<CITA TYPE="N">[52 FR 13809, Apr. 24, 1987, as amended at 65 FR 79672 Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 921.775" NODE="30:3.0.1.18.96.0.1.11" TYPE="SECTION">
<HEAD>§ 921.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits.
</P>
<CITA TYPE="N">[52 FR 13809, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 921.777" NODE="30:3.0.1.18.96.0.1.12" TYPE="SECTION">
<HEAD>§ 921.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13809, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 921.778" NODE="30:3.0.1.18.96.0.1.13" TYPE="SECTION">
<HEAD>§ 921.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13809, Apr. 24, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 921.779" NODE="30:3.0.1.18.96.0.1.14" TYPE="SECTION">
<HEAD>§ 921.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 921.780" NODE="30:3.0.1.18.96.0.1.15" TYPE="SECTION">
<HEAD>§ 921.780   Surface mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 921.783" NODE="30:3.0.1.18.96.0.1.16" TYPE="SECTION">
<HEAD>§ 921.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 921.784" NODE="30:3.0.1.18.96.0.1.17" TYPE="SECTION">
<HEAD>§ 921.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground coal mining operations. 


</P>
</DIV8>


<DIV8 N="§ 921.785" NODE="30:3.0.1.18.96.0.1.18" TYPE="SECTION">
<HEAD>§ 921.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein. 


</P>
</DIV8>


<DIV8 N="§ 921.795" NODE="30:3.0.1.18.96.0.1.19" TYPE="SECTION">
<HEAD>§ 921.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program. 


</P>
</DIV8>


<DIV8 N="§ 921.800" NODE="30:3.0.1.18.96.0.1.20" TYPE="SECTION">
<HEAD>§ 921.800   General requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 921.815" NODE="30:3.0.1.18.96.0.1.21" TYPE="SECTION">
<HEAD>§ 921.815   Performance standards—coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations. 


</P>
</DIV8>


<DIV8 N="§ 921.816" NODE="30:3.0.1.18.96.0.1.22" TYPE="SECTION">
<HEAD>§ 921.816   Performance standards—surface mining activities.</HEAD>
<P>Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 921.817" NODE="30:3.0.1.18.96.0.1.23" TYPE="SECTION">
<HEAD>§ 921.817   Performance standards—underground mining activities.</HEAD>
<P>Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground coal mining operations. 


</P>
</DIV8>


<DIV8 N="§ 921.819" NODE="30:3.0.1.18.96.0.1.24" TYPE="SECTION">
<HEAD>§ 921.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining. 


</P>
</DIV8>


<DIV8 N="§ 921.823" NODE="30:3.0.1.18.96.0.1.25" TYPE="SECTION">
<HEAD>§ 921.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands. 


</P>
</DIV8>


<DIV8 N="§ 921.824" NODE="30:3.0.1.18.96.0.1.26" TYPE="SECTION">
<HEAD>§ 921.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining. 


</P>
</DIV8>


<DIV8 N="§ 921.827" NODE="30:3.0.1.18.96.0.1.27" TYPE="SECTION">
<HEAD>§ 921.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which includes the operation of coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.


</P>
</DIV8>


<DIV8 N="§ 921.828" NODE="30:3.0.1.18.96.0.1.28" TYPE="SECTION">
<HEAD>§ 921.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities.


</P>
</DIV8>


<DIV8 N="§ 921.842" NODE="30:3.0.1.18.96.0.1.29" TYPE="SECTION">
<HEAD>§ 921.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.
</P>
<P>(b) The Secretary will furnish copies of inspection reports and reports of any enforcement actions taken to the Massachusetts Department of Environmental Management upon request.


</P>
</DIV8>


<DIV8 N="§ 921.843" NODE="30:3.0.1.18.96.0.1.30" TYPE="SECTION">
<HEAD>§ 921.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply when enforcement action is required for violations on exploration and surface coal mining and reclamation operations.
</P>
<P>(b) The Office will furnish a copy of any enforcement document to the Massachusetts Department of Environmental Management upon request.


</P>
</DIV8>


<DIV8 N="§ 921.845" NODE="30:3.0.1.18.96.0.1.31" TYPE="SECTION">
<HEAD>§ 921.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply when civil penalties are assessed for violations on surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 921.846" NODE="30:3.0.1.18.96.0.1.32" TYPE="SECTION">
<HEAD>§ 921.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 921.955" NODE="30:3.0.1.18.96.0.1.33" TYPE="SECTION">
<HEAD>§ 921.955   Certification of blasters.</HEAD>
<P>Parts 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="922" NODE="30:3.0.1.18.97" TYPE="PART">
<HEAD>PART 922—MICHIGAN
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 47162, Oct. 22, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 922.700" NODE="30:3.0.1.18.97.0.1.1" TYPE="SECTION">
<HEAD>§ 922.700   Michigan Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in Michigan which have been adopted under the Surface Mining Control and Reclamation Act of 1977. 
</P>
<P>(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Michigan Federal program. 
</P>
<P>(c) The rules in this part apply to all surface coal mining operations in Michigan conducted on non-Federal and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in Michigan. 
</P>
<P>(d) The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually. 
</P>
<P>(e) The following provisions of Michigan laws provide, where applicable, for more stringent environmental control and regulation of surface coal mining operations than do the provisions of the Act and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, they shall not be construed to be inconsistent with the Act: 
</P>
<P>(1) The Michigan Reclamation of Mining Lands, Act 92 (1970), MCL section 425.181 <I>et seq.</I> as amended, to the extent that it regulates surface coal mining operations which affect two acres or less; or where less than 250 tons of coal are removed or intended to be removed for commercial use or sale in one location or; or where the extraction of coal is incidental to the extraction of other minerals and where coal does not exceed 16
<FR>2/3</FR> per centum of the tonnage of minerals removed for purposes of commercial use or sale; or coal explorations subject to section 512 of the Act (30 U.S.C. 1262) or; where the extraction of coal is an incidental part of Federal, State, or local government-financed highway or other construction. 
</P>
<P>(2) Michigan Farmland and Open Space Preservation Act, MCL section 554.701, pertaining to land use restrictions including mineral extraction.
</P>
<P>(3) Michigan Solid Waste Regulations pertaining to solid waste management, MCL section 299.401, R-325.3231. 
</P>
<P>(4) Michigan noxious weed statute and regulations containing the noxious weed list, MCL section 243.61. 
</P>
<P>(f) The following are Michigan laws that interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and superseded: 
</P>
<P>The Michigan Reclamation of Mining Lands Act, MCL section 425.181 <I>et seq.</I> as amended, but not to the extent that it regulates surface coal mining operations which affect two acres or less; or where less than 250 tons of coal are removed or intended to be removed for commercial use in one location; or where the extraction of coal is incidental to the extraction of other minerals and where coal does not exceed 16
<FR>2/3</FR> per centum of the tonnage of minerals removed for purposes of commercial use or sale; or coal explorations subject to section 512 of the Act (30 U.S.C. 1262); or where the extraction of coal is an incidental part of Federal, State, or local government-financed highway or other construction. 
</P>
<CITA TYPE="N">[47 FR 47162, Oct. 22, 1982, as amended at 52 FR 13810, Apr. 24, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 922.701" NODE="30:3.0.1.18.97.0.1.2" TYPE="SECTION">
<HEAD>§ 922.701   General.</HEAD>
<P>Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining operations in Michigan.


</P>
</DIV8>


<DIV8 N="§ 922.702" NODE="30:3.0.1.18.97.0.1.3" TYPE="SECTION">
<HEAD>§ 922.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 922.707" NODE="30:3.0.1.18.97.0.1.4" TYPE="SECTION">
<HEAD>§ 922.707   Exemption for coal extraction incident to government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 922.761" NODE="30:3.0.1.18.97.0.1.5" TYPE="SECTION">
<HEAD>§ 922.761   Areas designated unsuitable for surface coal mining by act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 922.762" NODE="30:3.0.1.18.97.0.1.6" TYPE="SECTION">
<HEAD>§ 922.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mine operations beginning May 28, 1983.


</P>
</DIV8>


<DIV8 N="§ 922.764" NODE="30:3.0.1.18.97.0.1.7" TYPE="SECTION">
<HEAD>§ 922.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities shall apply to surface coal mine operations beginning one year after May 28, 1983.


</P>
</DIV8>


<DIV8 N="§ 922.772" NODE="30:3.0.1.18.97.0.1.8" TYPE="SECTION">
<HEAD>§ 922.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<CITA TYPE="N">[52 FR 13810, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 922.773" NODE="30:3.0.1.18.97.0.1.9" TYPE="SECTION">
<HEAD>§ 922.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office.
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the applicant of the findings;
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) Should the applicant not submit the information as required by § 912.773(b)(2)(ii) by the specified date, the office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability.
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter.
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(d) Where applicable, no person shall conduct surface coal exploration operations which result in the removal of more than 250 tons in one location, or surface coal mining operations without permits issued pursuant to the: Michigan Construction and Maintenance Act, MCL section 254.25, pertaining to the alteration of watercourses; Michigan Dams in Streams or Rivers Act of 1963, MCL section 281.131; Michigan Explosives Act of 1970, MCL section 29.41, pertaining to the use of explosives (permit is issued by an officer of a local police or sheriff's department or a designated officer of the State police); Michigan Hazardous Waste; Management Act of 1980, MCL section 299.501; Michigan Inland Lake and Streams Act of 1972, MCL section 281. 951; Michigan Mineral Wells Act of 1969, MCL section 319.211; Michigan Sand Dune Protection and Management Act of 1976, MCL section 281.651; Michigan Solid Waste Management Act of 1978, MCL section 299.401; Michigan Water Resources Commission Act, MCL section 323.1; Michigan Water Resources Commission General Rules, R-323.1001 <I>et seq.;</I> Michigan Water Quality Standards, R-323.1041; the Michigan Wetland Protection Act of 1969, MCL section 281.701; Michigan Aboriginal Records and Antiquities Act, MCL section 299.51; Michigan Great Lakes Submerged Lands Act, MCL section 322.701 and the Michigan Historical Activities Act, MCL section 399.201.
</P>
<P>(e) The Secretary shall provide for the coordination of review and issuance of permits for surface mining and reclamation operations with applicable requirements of the Michigan Air Pollution Act of 1965, MCL section 336.11 and the Michigan Administrative Rules for Air Pollution Control, R-336.1101 <I>et seq.;</I> the Michigan Control and Eradication of Noxious Weeds Act, MCL section 247.61; the Michigan Endangered Species Act of 1974, MCL section 299.221 and the Michigan Hazardous Waste Management Act of 1980. The Secretary shall further coordinate review of permits, where applicable, with the appropriate State agencies concerning compliance with the Michigan Farmland and Open Space Preservation Act, MCL section 554.71.
</P>
<CITA TYPE="N">[52 FR 13810, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 922.774" NODE="30:3.0.1.18.97.0.1.10" TYPE="SECTION">
<HEAD>§ 922.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits.
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE.
</P>
<P>(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775.
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) In addition the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later.
</P>
<CITA TYPE="N">[52 FR 13810, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 922.775" NODE="30:3.0.1.18.97.0.1.11" TYPE="SECTION">
<HEAD>§ 922.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial review of Decisions,</I> shall apply to all decisions on permits.
</P>
<CITA TYPE="N">[52 FR 13811, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 922.777" NODE="30:3.0.1.18.97.0.1.12" TYPE="SECTION">
<HEAD>§ 922.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13811, Apr. 24, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 922.778" NODE="30:3.0.1.18.97.0.1.13" TYPE="SECTION">
<HEAD>§ 922.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13811, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 922.779" NODE="30:3.0.1.18.97.0.1.14" TYPE="SECTION">
<HEAD>§ 922.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 922.780" NODE="30:3.0.1.18.97.0.1.15" TYPE="SECTION">
<HEAD>§ 922.780   Surface mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations on non-Federal and non-Indian lands.


</P>
</DIV8>


<DIV8 N="§ 922.783" NODE="30:3.0.1.18.97.0.1.16" TYPE="SECTION">
<HEAD>§ 922.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground mining operations. 


</P>
</DIV8>


<DIV8 N="§ 922.784" NODE="30:3.0.1.18.97.0.1.17" TYPE="SECTION">
<HEAD>§ 922.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground mining.


</P>
</DIV8>


<DIV8 N="§ 922.785" NODE="30:3.0.1.18.97.0.1.18" TYPE="SECTION">
<HEAD>§ 922.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein.


</P>
</DIV8>


<DIV8 N="§ 922.795" NODE="30:3.0.1.18.97.0.1.19" TYPE="SECTION">
<HEAD>§ 922.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program.


</P>
</DIV8>


<DIV8 N="§ 922.800" NODE="30:3.0.1.18.97.0.1.20" TYPE="SECTION">
<HEAD>§ 922.800   General requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 922.815" NODE="30:3.0.1.18.97.0.1.21" TYPE="SECTION">
<HEAD>§ 922.815   Performance standards—coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations.


</P>
</DIV8>


<DIV8 N="§ 922.816" NODE="30:3.0.1.18.97.0.1.22" TYPE="SECTION">
<HEAD>§ 922.816   Performance standards—surface mining activities.</HEAD>
<P>Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 922.817" NODE="30:3.0.1.18.97.0.1.23" TYPE="SECTION">
<HEAD>§ 922.817   Performance standards—underground mining activities.</HEAD>
<P>Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground mining operations. 


</P>
</DIV8>


<DIV8 N="§ 922.819" NODE="30:3.0.1.18.97.0.1.24" TYPE="SECTION">
<HEAD>§ 922.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining.


</P>
</DIV8>


<DIV8 N="§ 922.823" NODE="30:3.0.1.18.97.0.1.25" TYPE="SECTION">
<HEAD>§ 922.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands. 


</P>
</DIV8>


<DIV8 N="§ 922.824" NODE="30:3.0.1.18.97.0.1.26" TYPE="SECTION">
<HEAD>§ 922.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining.


</P>
</DIV8>


<DIV8 N="§ 922.827" NODE="30:3.0.1.18.97.0.1.27" TYPE="SECTION">
<HEAD>§ 922.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities not Located at or near the Minesite or not within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of coal processing plants and support facilities not located at or near the minesite and not within the permit area for a mine. 


</P>
</DIV8>


<DIV8 N="§ 922.828" NODE="30:3.0.1.18.97.0.1.28" TYPE="SECTION">
<HEAD>§ 922.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities. 


</P>
</DIV8>


<DIV8 N="§ 922.842" NODE="30:3.0.1.18.97.0.1.29" TYPE="SECTION">
<HEAD>§ 922.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 842, the Secretary will furnish a copy of each inspection report regarding inspections conducted pursuant to this subpart to the Michigan Department of Natural Resources upon request.


</P>
</DIV8>


<DIV8 N="§ 922.843" NODE="30:3.0.1.18.97.0.1.30" TYPE="SECTION">
<HEAD>§ 922.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply when enforcement action is required for violations on surface coal mining and reclamation operations.
</P>
<P>(b) The Office will furnish a copy of each enforcement action document and order to show cause issued pursuant to this subpart to the Michigan Department of Natural Resources, Geological Survey Division upon request.


</P>
</DIV8>


<DIV8 N="§ 922.845" NODE="30:3.0.1.18.97.0.1.31" TYPE="SECTION">
<HEAD>§ 922.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply when civil penalties are assessed for violations on surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 922.846" NODE="30:3.0.1.18.97.0.1.32" TYPE="SECTION">
<HEAD>§ 922.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 922.955" NODE="30:3.0.1.18.97.0.1.33" TYPE="SECTION">
<HEAD>§ 922.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="924" NODE="30:3.0.1.18.98" TYPE="PART">
<HEAD>PART 924—MISSISSIPPI
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 924.1" NODE="30:3.0.1.18.98.0.1.1" TYPE="SECTION">
<HEAD>§ 924.1   Scope.</HEAD>
<P>This part contains all rules applicable only within the State of Mississippi which have been adopted under the Surface Mining Control and Reclamation Act of 1977. 
</P>
<CITA TYPE="N">[45 FR 58525, Sept. 4, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 924.10" NODE="30:3.0.1.18.98.0.1.2" TYPE="SECTION">
<HEAD>§ 924.10   State program approval.</HEAD>
<P>(a) The Mississippi State program, as submitted on August 2, 1979, and resubmitted on May 27, 1980, is approved, effective September 4, 1980. Copies of the approved program are available at:
</P>
<P>(1) Mississippi Department of Environmental Quality, Office of Geology, Southport Center, 2380 Highway 80 West, Jackson, Mississippi 39289-1307. Telephone (601) 961-5530. 
</P>
<P>(2) Office of Surface Mining Reclamation and Enforcement, Birmingham Field Office, 135 Gemini Circle, Birmingham, Alabama 34209. Telephone (205) 290-7282. 
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[45 FR 58525, Sept. 4, 1980, as amended at 59 FR 17930, Apr. 15, 1994; 63 FR 43320, Aug. 13, 1998] 


</CITA>
</DIV8>


<DIV8 N="§ 924.15" NODE="30:3.0.1.18.98.0.1.3" TYPE="SECTION">
<HEAD>§ 924.15   Approval of Mississippi regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 6, 1997</TD><TD align="left" class="gpotbl_cell">January 9, 1998</TD><TD align="left" class="gpotbl_cell">MSCMRL 53-9-3; 5; 7; 9; 11; 13; 15; 17; 19; 21; 23; 25; 26; 27; 28; 29; 31; 32; 33; 35; 37; 39; 41; 43; 45; 47; 49; 51; 53; 55; 57; 59; 61; 63; 65; 67; 69; 71; 73; 75; 77; 79; 81; 83; 85; 87; 89; 91.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 26, 1998</TD><TD align="left" class="gpotbl_cell">June 25, 1998</TD><TD align="left" class="gpotbl_cell">MSCMRL 53-9-26; 45(4)(b); 69(1)(c)(i) and (4); 77(5).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 26, 1998</TD><TD align="left" class="gpotbl_cell">August 13, 1998</TD><TD align="left" class="gpotbl_cell">Subpart I, Chapters 1 through 7; subpartII, Chapters 9 through 15; subpartIII, Chapters 17 through 37; subpartIV, Chapters 39 through 47; subpartV, Chapters 49 through 71; Policy Statement No. PS-1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 1, 1999</TD><TD align="left" class="gpotbl_cell">October 26, 1999</TD><TD align="left" class="gpotbl_cell">Sections 105; 407; 413; 1105 (c)-(d); 2103; 2105; 2313; 3113; 3119; 3121; 3301(b); 3509; 3713; 4301; 4303(g)(6); 4501(c); 4701(a); 5333(b)(3)(A); 5349; 5359; 5377; 5391; 5393; 53111; 5703; 5903; 6501(c)(4); 6511 (a), (l)(1), &amp; (n)(9).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 28, 2001</TD><TD align="left" class="gpotbl_cell">December 3, 2002</TD><TD align="left" class="gpotbl_cell">Sections 105; 1103; 1105; 1106; 1107(a), (b), (f), and (h); 2103(b)(14), (c), (d), (e), and (f); 3114; 53103(a) and (b); 53111(a)(4) and (5); 6511(c); and appendix A: Revegetation Success Guidelines
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 5, 2006</TD><TD align="left" class="gpotbl_cell">December 10, 2008</TD><TD align="left" class="gpotbl_cell">MSCMR 53-9-71(4) Sections: 105, 1101, and 1105.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 26, 2012</TD><TD align="left" class="gpotbl_cell">October 29, 2013</TD><TD align="left" class="gpotbl_cell">MSCMR Sections: 105; 1106; 2305; 2902; 3102; 3112; 3113; 3115(m), (n) and (o); 3127; 3128; 3129; 3130; 3131; 3133; 3135; 3136; 3137; 3138; 3139; 5396; 7301; 7303; 7305; and 7307.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[63 FR 1361, Jan. 9, 1998, as amended at 63 FR 34599, June 25, 1998; 63 FR 43320, Aug. 13, 1998; 64 FR 57570, Oct. 26, 1999; 67 FR 71831, Dec. 3, 2002; 73 FR 74945, Dec. 10, 2008; 78 FR 64401, Oct. 29, 2013]



</CITA>
</DIV8>


<DIV8 N="§ 924.16" NODE="30:3.0.1.18.98.0.1.4" TYPE="SECTION">
<HEAD>§ 924.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17(f)(1), Mississippi is required to submit to OSM by the specified date the following written, proposed program amendments, or a description of the amendments to be proposed, that meet the requirements of SMCRA and 30 CFR chapter VII and a timetable for enactment that is consistent with Mississippi's established administrative or legislative procedures.
</P>
<P>(a)-(n) [Reserved] 
</P>
<CITA TYPE="N">[63 FR 1362, Jan. 9, 1998, as amended at 63 FR 34599, June 25, 1998; 63 FR 43321, Aug. 13, 1998; 64 FR 57571, Oct. 26, 1999; 67 FR 71832, Dec. 3, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 924.17" NODE="30:3.0.1.18.98.0.1.5" TYPE="SECTION">
<HEAD>§ 924.17   State regulatory program provisions and amendments not approved.</HEAD>
<P>The proposed language in section 53-9-55(3), as submitted by Mississippi on May 6, 1997, that allows the commission to promulgate regulations regarding a waiver from the requirement to post a penalty payment bond upon a showing by the operator of an inability to post the bond is disapproved.
</P>
<CITA TYPE="N">[63 FR 1362, Jan. 9, 1998]


</CITA>
</DIV8>


<DIV8 N="§ 924.20" NODE="30:3.0.1.18.98.0.1.6" TYPE="SECTION">
<HEAD>§ 924.20   Approval of Mississippi abandoned mine land reclamation plans.</HEAD>
<P>The Mississippi abandoned mine land reclamation plan as submitted on April 5, 2006, and June 11, 2007, and as revised is approved. Copies of the approved plan are available at:
</P>
<EXTRACT>
<FP-1>Office of Surface Mining Reclamation and Enforcement, Birmingham Field Office, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209 
</FP-1>
<FP-1>Mississippi Department of Environmental Quality, Office of Geology, 2380 Highway 80 West, Jackson, Mississippi 39289-1307</FP-1></EXTRACT>
<CITA TYPE="N">[72 FR 54832, Sept. 27, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 924.25" NODE="30:3.0.1.18.98.0.1.7" TYPE="SECTION">
<HEAD>§ 924.25   Approval of Mississippi abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates on which the State of Mississippi submitted amendments to OSMRE, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register,</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register</E>.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 11, 2014</TD><TD align="left" class="gpotbl_cell">March 30, 2015</TD><TD align="left" class="gpotbl_cell">Certification that the State has reclaimed all lands adversely impacted by past coal mining.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[80 FR 16563, Mar. 30, 2015]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="925" NODE="30:3.0.1.18.99" TYPE="PART">
<HEAD>PART 925—MISSOURI
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 925.1" NODE="30:3.0.1.18.99.0.1.1" TYPE="SECTION">
<HEAD>§ 925.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Missouri that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[45 FR 77027, Nov. 21, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 925.10" NODE="30:3.0.1.18.99.0.1.2" TYPE="SECTION">
<HEAD>§ 925.10   State regulatory program approval.</HEAD>
<P>The Secretary approved the Missouri regulatory program, as submitted on February 1, 1980, and amended and clarified on May 14, 1980, effective November 21, 1980. He fully approved the Missouri program, as amended on September 7, 1982, and October 13, 1982, effective January 17, 1983. Copies of the approved program are available at:
</P>
<P>(a) Missouri Department of Natural Resources, Land Reclamation Program, 205 Jefferson Street, P.O. Box 176, Jefferson City, MO 65102.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.
</P>
<CITA TYPE="N">[64 FR 20167, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 925.12" NODE="30:3.0.1.18.99.0.1.3" TYPE="SECTION">
<HEAD>§ 925.12   State program provisions and amendments disapproved.</HEAD>
<P>(a) The amendment at 10 CSR 40-4.030(4)(A), submitted on December 14 and 18, 1987, is disapproved insofar as it would exempt from prime farmland performance standards coal preparation plants, support facilities, and roads associated with surface coal mining activities. 
</P>
<P>(b) The amendment at 10 CSR 40-4.030(4)(B), submitted on December 14 and 18, 1987, is disapproved insofar as it would exempt from prime farmland performance standards water bodies as a postmining land use. 
</P>
<P>(c) The definitions of “coal processing plant” and “coal preparation plant” at 10 CSR 40-8.010(1)(A)18, submitted on December 14 and 18, 1987, are disapproved insofar as they exempt from regulation certain facilities where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation, if they do not separate coal from its impurities. 
</P>
<P>(d) The amendments at 10 CSR 40-3.040(10)(O)3.C and 40-3.200(10)(O)3.C, submitted on October 5, 2000, concerning temporary impoundment design are disapproved effective May 9, 2001. 
</P>
<P>(e) The amendment at 10 CSR 40-3.240, submitted on October 5, 2000, concerning air resource protection is disapproved effective May 9, 2001, to the extent that it is missing pertinent requirements relating to control of erosion and air pollution. 
</P>
<P>(f) The amendment at 10 CSR 40-8.070(2)(C)1.A(II)(a), submitted on October 5, 2000, concerning the definition of cumulative measurement period is disapproved effective May 9, 2001, to the extent that it uses October 1, 1990, for determining the end of the period for which cumulative production and revenue is reported.
</P>
<CITA TYPE="N">[53 FR 43869, Oct. 31, 1988, as amended at 66 FR 23604, May 9, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 925.15" NODE="30:3.0.1.18.99.0.1.4" TYPE="SECTION">
<HEAD>§ 925.15   Approval of Missouri regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 3, 1980, March 12, 1981</TD><TD align="left" class="gpotbl_cell">July 23, 1982</TD><TD align="left" class="gpotbl_cell">10 CSR 40-2.080; 40-3.050; 40-3.100(4)(B); 40-6.010(6), .070, .090(3), (4)(C); 40-7.030(1)(E), .040(2)(C); 40-8.030(5) through (13)(A).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 7, 1982, October 13, 1982</TD><TD align="left" class="gpotbl_cell">January 17, 1983</TD><TD align="left" class="gpotbl_cell">10 CSR 40-8.030(6)(B)1, (C), (7)(A), (D), (8)(A)1, (E), (9)(A)2, (B), (10)(A), (13)(B), .050(8), .060.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 13, 1983</TD><TD align="left" class="gpotbl_cell">May 8, 1984</TD><TD align="left" class="gpotbl_cell">RSMo 444: .805, .830, .950, .955, .960, .965, .970; 10 CSR 40-3.120, .270; 40-4.030; 40-7.010, .011, .020, .021, .030, .031, .040, .041, .050; 40-8.030.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 13, 1986</TD><TD align="left" class="gpotbl_cell">January 7, 1987</TD><TD align="left" class="gpotbl_cell">10 CSR 40-2.090(6); 40-7.031(3)(B); 40-8.030(1), (6), (7), (17), .040(3), (7), (8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 4, 1987</TD><TD align="left" class="gpotbl_cell">February 26, 1988</TD><TD align="left" class="gpotbl_cell">10 CSR 40-2.090(5); 40-3.040(2), (6), (17), .110(1), .120(7), .200(2), (16), .270(7); 40-7.011(2), (3), .021(2), .031, .041(1), (2), (3); 40-8.030(6), (18); RSMo 444: .950, .960, .965.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 22, 1987</TD><TD align="left" class="gpotbl_cell">June 16, 1988</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.010(6), .050, .110(6), .120(8)(A), (D), .170, .210; 40-6.010(3)(C), (5)(C), .030(2)(C), .050(4), .070(2)(C), (6), (7), (8), .090(4), (6), (9), (10), (11), .100(2)(C); 40-8.040(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 14 and 18, 1987</TD><TD align="left" class="gpotbl_cell">October 31, 1988</TD><TD align="left" class="gpotbl_cell">10 CSR 40-2.090(6)(B); 40-3.050(1)(E), .210(1)(E); 40-4.010, .030(4)(C), (5), (6), (7)(A), (B)(1) through (8); 40-6.010(6)(A), .020, .040(16), .060(1)(E), (G), (J), (K), (4)(B), (C), (D), .110(16); 40-7.021(4)(B); 40-8.010(1)(A)5, 15, 16, 17, 19, 20, 25, 47, 48, 92, .030(3)(B), .050, .070(2); RSMo 444.730, .800, .805, .950.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 3, 1988</TD><TD align="left" class="gpotbl_cell">December 11, 1989</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.050(1)(C), (D), (2)(F), (3)(B), (5)(B), (D), .210(1)(C), (D), (2)(F), (5)(B), (D), .160; 40-4.030(4), (7)(B)6; 40-6.070(8)(J), (K), (L), (N), (O).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 8, 1988</TD><TD align="left" class="gpotbl_cell">January 8, 1990</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.200(2)(B); RSMo 444.535.7(2), .815.6(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 1988</TD><TD align="left" class="gpotbl_cell">June 5, 1990</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.100(2), .120(1), (6)(A), (6)(B)3, (7)(C)2, .250(1)(B), .270(1), (6)(A), (B)3, (7)(C)2; 40-6.040(3)(B), (11)(B), (C), (D), .050(7)(B), (C), (14)(B), .070(8)(E), .110(3)(B), (11)(B), (C), (D), .120(8)(B), (12)(B), (C), .040(8)(B), (C).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 5, 1989</TD><TD align="left" class="gpotbl_cell">July 6, 1990</TD><TD align="left" class="gpotbl_cell">10 CSR 40-6.040(5)(A), (B)1, .050(5)(C), (9)(A) through (E); .060(4)(A), .070(12)(D), .110(11)(B), .120(2)(B)3, (5)(A), (C), (D), (E), (11)(A), (14)(C); 40-8.040(8)(K).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 21, 1989</TD><TD align="left" class="gpotbl_cell">October 30, 1990</TD><TD align="left" class="gpotbl_cell">10 CSR 40-4.080(1), (2); 40-6.040(11)(E)2, 3, .050(5)(C), .060(2)(B), (C), .070(7)(A)3, 8(M), .120(11); 40-8.010(1)(A)5, 18, .045; 40-060(8)(B).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 12, 1989</TD><TD align="left" class="gpotbl_cell">January 3, 1991</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.040(1)(B), (3)(G), (4)(B)3, (6)(B), (H), (7)(A), (B), (10)(A), (E), (G), (J), (13)(A)1, (B)1.C, .060(1)(B), (F), (H), (K), .080(1)(C), (2)(A), (4)(A), (D)3, (10)(B), (11)(D), .100(2), .110(6), .120(6)(A), (B)2.A through F, (8)(D), .200(1)(B), (3)(H), (4)(B)3, (6)(B), (H), (7)(A), (B), (10)(A), (E), (G), (J), (12)(A)1, (B)1.C, .220(1)(B), (F), (H), (K), .230(1)(C), (2)(A), (4)(A), (D)3, (10)(B), (11)(D), .270(6)(A), (B)2.A through F, .280(1)(C); 40-5.010(2)(C), (E), (3)(B)2, .020(4)(B)1, 2, 4, 5, 6, (C)1, 3, 4, 5; 40-6.060(4)(A)3; 40-8.010(1)(A)59, 79.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 8, 1988, January 12, 1988</TD><TD align="left" class="gpotbl_cell">May 8, 1991</TD><TD align="left" class="gpotbl_cell">RSMo 444.805(8), (16), .950.1, .2, .3, .4, .960.1, .965.2, .4; 10 CSR 40-7.011(1) (E), (F), (G), (2)(C), (4)(E), (F), (5)(A)4, (B)2, 4, (D), .021(2)(B)4, (D)(3), (3), .031, .041(1)(B), 1, (D), (4)(A)2.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 8, 1991</TD><TD align="left" class="gpotbl_cell">September 24, 1992</TD><TD align="left" class="gpotbl_cell">RSMo 444.870.1 through .5, .873.1, .3, .4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 10, 1990</TD><TD align="left" class="gpotbl_cell">September 29, 1992</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.010(5), .030(1)(C), .040(2)(A)1, (4)(B)(3), (6)(B), (C), (D), (H), (Q), (T), (10)(G), (I), .050(6)(C), .060(1)(A), (H), .080(3)(A), (8)(B), (D), .090, .110(3)(A), .120(1)(D), (E), (5), (6)(B)1, 2, A, D, G, I, (7)(C)2, (C)3.A, C, (8)(A)4 through 8, 10, .130(2)(A), (3)(C), (I), .140(1)(A), (D)(1), (3)(D)9, (6)(D), (8)(A), (D)(1), (10)(D)9, (13)(C), (D), (15)(A), (20)(C), (D), .170(5), .190(1)(C), .200(2)(A)1, (4)(B)3, (6)(B), (C), (D), (H), (Q), (T), (10)(G), (I), .210(6)(C), .220(1)(A), (H), .230(3)(A), (8)(D), .240, .250(1)(B), .260(3)(A)1, .270(1)(D), (E), (5), (6)(B)1, 2, A, B, D, G, I, (7)(C)2, 3.A, C, (8)(A)4 through 8, 10, .290(1)(A), (D)1, (3)(D)9, (6)(D), (8)(A), (D)1, (10)(D)9, (13)(C), (D), (15)(A), (20)(C), (D), .300(2)(A), (3)(C), (I); 40-4.030(4)(A), (7)(B)6; 40-5.010(1)(A), (J), (2)(C), (3)(F)1; 40-6.010(2)(E), .020(2)(B)3, (3)(B)3, (5), .030(1)(A), (C), (D), (H), (2)(D), .040(5)(A), (11)(A), (E), (F), .050(7)(A), (B)1, (B)2, (C)1, (C)3, (9)(C)5, (11)(C), (17)(A)1 through 9, (B), (18), .060(4)(A), (E)5, .070(1)(B), (7)(C), (C)2, (F), (G), (8)(I), (L), (10)(B)1.A, (E)2, (11)(A), (B), (13)(E), .100(1)(A), (C), (D), (H), (2)(D), .110(5)(A), (B), (11)(A), (E), (F), .120(5)(C)4, (7)(C), (12)(A), (B)1, (C)1, (C)3, (16), (17)(A)1 through 9, (B); 40-7.011(3)(C), (4)(E), (5)(D)2.C.(II), (III), (D)2.(I), 5. A, B, C, 8, .021(2)(A), (B)1, 5, 6, .031(3)(B); 40-8.010(1)(A)4, 53, 51.B, C, D, I, J, 54, .030(6)(G), (7)(A), .040(5)(B)3, (8)(A), (K), .070(2)(C).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 19, 1992</TD><TD align="left" class="gpotbl_cell">December 6, 1993</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.010, .040, .080, .100, .110, .120, .130, .140, .200, .230, .250, .260, .270; 40-4.010; 40-5.010; 40-6.030, .040, .050, .070, .100, .120; 40-7.011, .021, .031, .041; 40-8.010, .030, .040.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 24, 1993</TD><TD align="left" class="gpotbl_cell">April 22, 1994</TD><TD align="left" class="gpotbl_cell">RSMo 444.870.3, .5 through .8.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 10, 1995</TD><TD align="left" class="gpotbl_cell">July 13, 1995</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.030(4)(B)2, .040(10)(B)5, .060(1)(L)1, (0), .080(8)(B), .100(5)2, (6), (7), .110(3)1, (3)3, (6)(B), .140(1)(A); 40-6.010(2)(H), .020(2)(A), (3)(A), .030(1)(C), (5)(B), .050(7)(C), (D), .060(4)(D)(4), .070(8)(M), (9)(A)1, 2.A, .B, .120(7)(C), (12)(D); 40-8.010(1)(A)72, 84, .030(7)(A), .040(9), .050(2)(B).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 7 and 28, 1995, December 14, 1995</TD><TD align="left" class="gpotbl_cell">May 28, 1996</TD><TD align="left" class="gpotbl_cell">RSMo 444.805, 830.1, .3, 950.1, .3, .4, 960.1, .5, 965.1, .3, .4, .5; 10 CSR 40-3.120, .270(6)(B); 7.011(1) through (5), .021(2), (5), .041(1), (4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 20, 1996</TD><TD align="left" class="gpotbl_cell">July 24, 1996</TD><TD align="left" class="gpotbl_cell">RSMo 444.800, .810, .950.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 16, 1997</TD><TD align="left" class="gpotbl_cell">August 4, 1997</TD><TD align="left" class="gpotbl_cell">Section I of Phase III Revegetation Success Standards for Pasture, Wildlife Habitat, Woodland, Industrial/Commercial, Residential, and Recreation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 4, 1999</TD><TD align="left" class="gpotbl_cell">October 28, 1999</TD><TD align="left" class="gpotbl_cell">10 CSR 40-7.021(1)(B)2
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 5, 2000</TD><TD align="left" class="gpotbl_cell">May 9, 2001</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.010(6); 3.020(1); 3.020(3); 3.040(2)(A)1, 2, 3.B, 4, 5, 6; 3.040(4)(A)1 and (B)3; 3.040(6)(A), (B), (C), (E), (F), (G), (H), (Q), (T), (U); 3.040(8); 3.040(10)(A), (B)5, (L), (M), (N), (O), (O)1, (O)2.A and B, (O)2.C, (O)3, (O)3.A and B; 3.040(10)(O)3.C [not approved]; 3.040(13)(A)1.A and (B)1; 3.040(14)(B)3; 3.040(17); 3.050 Purpose; 3.050(1)(D)1.A; 3.050(2)(A); 3.050(3)(C)1; 3.080(1)(A); 3.080(3)(D); 3.080(8)(A); 3.090; 3.110(4)(A); 3.110(5)(A); 3.110(6)(B); 3.120(5); 3.120(8)(A)4, (B), (D)2 and 8; 3.140(1)(A); 3.200(2)(A)1, 2, 3.A, 4, 5, 6; 3.200(4)(B)3; 3.200(6)(A), (B), (C), (E), (F), (G), (Q), (T), (U); 3.200(8), 3.200(10)(A), (B)5, (K), (L), (M), (N), (O), (O)1, (O)2.A, B, and C, (O)3, (O)3.A and B; 3.200(10)(O)3.C [not approved]; 3.200(12) (A)1.A and (B)1; 3.200(13)(B)3; 3.200(16); 3.240 [partial approval]; 3.270(5); 3.270(8)(A)4 and (B); 4.010 Purpose; 4.010 (3)(J); 4.020(2)(B); 4.030 Purpose; 4.030 (3)(A); 4.030(4)(A), (B), (C); 4.030(6)(A), 4.030(7)(B)2 and 7; 4.050(11), (12); 5.010(1)(B); 5.010(2)(E); 6.010(4)(B)2; 6.010(6)(A); 6.020 Purpose; 6.020(5); 6.020(7)(A); 6.030(1)(C), (D), (I); 6.030(2)(C); 6.040(5)(B)1.E; 6.040(16)(C)1 and 3; 6.050(1); 6.050(5)(B)11, (C), and (C)1; 6.050(7)(D)1; 6.050(9)(C)3 and 4, (D)3, (E); 6.050(11)(A), (A)1.A, 2 and 3, (B), (C), (F); 6.050(17)(B); 6.060(4)(C)1 and 5, (D)1, (E)5; 6.070(3) and (3)(B); 6.070(4)(A); 6.070(5)(B)4; 6.070(8)(C), (D)3; 6.070(10) (D); 6.090(4)(B)2; 6.090(6)(A); 6.090(7); 6.100(1)(I); 6.100(2)(C); 6.120(5)(E); 6.120(7)(A), (A)2 and 3, (B)1, (C), (F); 6.120(12)(D)1; 6.120(14)(B)10, (C)1; 6.120(15)(B); 7.011(6)(A)8, (D)2.C(II), 5.A and C, 8; 7.021(1)(C) and (D); 7.021(2)(A), (B)5 and 6; 7.021(3)(C) and (D); 8.010(1) (A)9, 12, 52.C, 59, 73, 82, 87, 89, and 97B; 8.030(1)(F)4.A and (G); 8.030(6)(A)3 and (B)1; 8.030(10)(A); 8.030(12)(C); 8.050 Purpose; 8.050(1); 8.050(2)(B); 8.050(5)(A) and (B); 8.050(9)(A); 8.070(2)(C)1.A(II)(a) [partial approval] and 10.F, (F), (G).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 31, 2005</TD><TD align="left" class="gpotbl_cell">June 8, 2006</TD><TD align="left" class="gpotbl_cell">10 CSR 40-7.011(1)(C) and (D), (2)(A) and (B), (3)(C), (4) and (5), (6)(A)6., 8., &amp; 9., (6)(B)1., 2., &amp; 4. through 7., (6)(C)1. through 4., 8. &amp; 9., (6)(D)1.F., 2., 2.B., 2.D.(I) through (III), 3., 5.C., 6., 8., and (7)(A); 10 CSR 40-7.021(1)(A), (2), (2)(A), (2)(B)3. through 6., (2)(C)2., (2)(D) and (E); 10 CSR 40-7.031(2)(E)1. and 2., (2)(E)2.C. &amp; D., (3)(C), and (4) through (4)(B)2.; and 10 CSR 40-7.041.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 11, 2006</TD><TD align="left" class="gpotbl_cell">March 12, 2007</TD><TD align="left" class="gpotbl_cell">10 CSR 40-7.011(1)(C) and (D), (2)(A) and (B), (3)(C), (4) and (5), (6)(A)6., 8. and 9., (6)(B)1., 2., and 4. through 7., (6)(C)1. through 4., 8. and 9., (6)(D)1.F., 2., 2.B., 2.D.(I) through (III), 3., 5.C., 6., 8., and (7)(A); 10 CSR 40-7.021(1)(A), (2), (2)(A), (2)(B)3. through 6., (2)(C)2., (2)(D) and (E); 10 CSR 40-7.031(2)(E)1. and 2., (2)(E)2.C. &amp; D., (3)(C), and (4) through (4)(B)2.; and 10 CSR 40-7.041.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 12, 2013</TD><TD align="left" class="gpotbl_cell">December 17, 2015</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.040(6)(A)1., (6)(R), (6)(U), (10)(B)5., and (10)(O)3.C.; 10 CSR 40-3.060(1)(K)2.; 10 CSR 40-3.180(3); 10 CSR 40-3.200(6)(A)1., (6)(R), (6)(U), (6)(T), (10)(B)5., (10)(O)3.C., (12)(A)1.(A), and (17)(B); 10 CSR 40-3.220(1)(K) and (L);10 CSR 40-3.230(1)(A) and (3)(D); 10 CSR 40-3.240(1); 10 CSR 40-3.260(4); 10 CSR 40-3.300; 10 CSR 40-5.010(1)(A), (2), (3), (4), (5), (6), (7), and (8); 10 CSR 40-5.020(3) and (4); 10 CSR 40-6.020(3)(B)14., and (3)(D); 10 CSR 40-6.030(4)(C); 10 CSR 40-6.050(14)(B) and (15); 10 CSR 40-6.060; 10 CSR 40-6.070(2)(A)5.; 10 CSR 40-6.100(1)(C) and (D); 10 CSR 40-6.120(5)(C), (7)(A)1.A., and (9)(A); 10 CSR 40-8.010; 10 CSR 40 8.020(2)(C); 10 CSR 40-8.070(2)(C)1.A.(II) and (2)(C)8.B.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 18, 2014</TD><TD align="left" class="gpotbl_cell">May 17, 2018</TD><TD align="left" class="gpotbl_cell">10 CSR 40-6.030(1)(B)1., 3., (2)(A), and (4)(C); 6.070(7)(C), (8)(M), (N), (11)(A)4., and (B); 6.100(1)(B) and (2)(A); 8.030(6)(G) and (H); and 8.040(5)(B).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 8, 2019</TD><TD align="left" class="gpotbl_cell">January 28, 2022</TD><TD align="left" class="gpotbl_cell">10 CSR 40-3.060; 40-3.170; 40-3.180; 40-3.190; 40-3.200; 40-3.210; 40-3.220; 40-3.230; 40-3.240; 40-3.250; 40-3.260; 40-3.270; 40-3.280; 40-3.290; 40-3.300; 40-3.310; 40-4.020; 40-4.040; 40-4.060; 40-4.070; 40-6.100; 40-6.110; 40-6.120.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9945, Mar. 5, 1997, as amended at 62 FR 41844, Aug. 4, 1997; 64 FR 57981, Oct. 28, 1999; 66 FR 23605, May 9, 2001; 71 FR 33249, June 8, 2006; 72 FR 10933, Mar. 12, 2007; 80 FR 78664, Dec. 17, 2015; 83 FR 22852, May 17, 2018; 87 FR 4501, Jan. 28, 2022]



</CITA>
</DIV8>


<DIV8 N="§ 925.16" NODE="30:3.0.1.18.99.0.1.5" TYPE="SECTION">
<HEAD>§ 925.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17, Missouri is required to make the following program amendments:
</P>
<P>(a)-(o) [Reserved]
</P>
<P>(p) By May 10, 2002, Missouri shall amend its program as follows: 
</P>
<P>(1)-(21) [Reserved] 
</P>
<P>(q)-(u) [Reserved]
</P>
<P>(v) By November 19, 2018, Missouri shall submit a proposed amendment, or a description of an amendment to be proposed, along with a timetable for enactment, that will add a counterpart to 30 CFR 778.11(b)(4), pertaining to the requirement for applicant and operator information provided in the permit application, at 10 CSR 40-6.030 and 10 CSR 40-6.100.
</P>
<P>(w) By November 19, 2018, Missouri shall submit a proposed amendment, or a description of an amendment to be proposed, along with a timetable for enactment, that will add a counterpart to 30 CFR 778.11(d)(1), pertaining to the requirement to include telephone numbers for certain individuals in the permit application, at 10 CSR 40-6.030(1)(B)-(C) and 10 CSR 40-6.100(1)(B)-(C).
</P>
<CITA TYPE="N">[49 FR 19476, May 8, 1984]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 925.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 925.20" NODE="30:3.0.1.18.99.0.1.6" TYPE="SECTION">
<HEAD>§ 925.20   Approval of the Missouri abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Missouri abandoned mine land reclamation plan, as submitted on September 11, 1981, effective January 29, 1982. Copies of the approved plan are available at:
</P>
<P>(a) Missouri Department of Natural Resources, Land Reclamation Program, 205 Jefferson Street, Jefferson City, MO 65102.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.
</P>
<CITA TYPE="N">[64 FR 20167, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 925.25" NODE="30:3.0.1.18.99.0.1.7" TYPE="SECTION">
<HEAD>§ 925.25   Approval of Missouri abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 22, 1987</TD><TD align="left" class="gpotbl_cell">June 16, 1988</TD><TD align="left" class="gpotbl_cell">10 CSR 40-9.060(2), (3), (4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 22, 1988</TD><TD align="left" class="gpotbl_cell">March 15, 1989</TD><TD align="left" class="gpotbl_cell">Organization; project selection; rights of entry; coordination of reclamation activities; land acquisition, management and disposal; database.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 29, 1994</TD><TD align="left" class="gpotbl_cell">August 24, 1995</TD><TD align="left" class="gpotbl_cell">RSMo 444.810.2 through .8; 444.915.3; 10 CSR 40-9.020(1)(D), (E), (3)(A); AML Plan § 884.13(C)(2), (D)(3), (4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 31, 1998</TD><TD align="left" class="gpotbl_cell">June 24, 1998</TD><TD align="left" class="gpotbl_cell">AMLR plan sections 884.13(c)(6) and (d)(3); Emergency response reclamation program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 5, 2000</TD><TD align="left" class="gpotbl_cell">May 9, 2001</TD><TD align="left" class="gpotbl_cell">10 CSR 40-9.020(1)(D)4 and (F).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 6, 2019</TD><TD align="left" class="gpotbl_cell">September 20, 2023</TD><TD align="left" class="gpotbl_cell">10 CSR 40-9.010 through 40-9.060.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9946, Mar. 5, 1997, as amended at 63 FR 34280, June 24, 1998; 64 FR 20167, Apr. 26, 1999; 66 FR 23605, May 9, 2001; 88 FR 64806, Sept. 20, 2023]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="926" NODE="30:3.0.1.18.100" TYPE="PART">
<HEAD>PART 926—MONTANA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 926.10" NODE="30:3.0.1.18.100.0.1.1" TYPE="SECTION">
<HEAD>§ 926.10   State regulatory program approval.</HEAD>
<P>The Montana permanent program submitted on August 3, 1979, as amended November 13, 1979; January 4, January 9, January 10, January 12, January 13, January 30, February 1, and February 20, 1980; November 3, 1980; and August 26, 1981, is approved effective February 10, 1982. Copies of the approved program, as amended, are available at:
</P>
<P>(a) Montana Department of Environmental Quality, Industrial and Energy Minerals Bureau, P.O. Box 200901, Helena, Montana 59620-0901, (406) 444-1923.
</P>
<P>(b) Casper Field Office, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, room 2128, Casper, WY 82601-1918, Telephone: (307) 261-5776.
</P>
<CITA TYPE="N">[59 FR 17932, Apr. 15, 1994, as amended at 64 FR 3610, Jan. 22, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 926.12" NODE="30:3.0.1.18.100.0.1.2" TYPE="SECTION">
<HEAD>§ 926.12   State program provisions and amendments not approved.</HEAD>
<P>(a) The amendment submitted by letter dated June 7, 2011, Docket ID No. OSM-2011-0011, which proposed changes to the Montana approved program as a result of the Montana Legislature's 2011 passage of a Senate Bill (SB 297) relating to coal beneficiation is not approved.
</P>
<P>(b) [Reserved]
</P>
<P>(c) The following portions of the amendment submitted by letter dated June 1, 2023, Administrative Record No. MT-042-01, which proposed changes to the Montana approved program as a result of the Montana Legislature's 2023 passage of a House Bill (HB 576) are not approved: MCA 82-4-203(32)(a) to the extent that it changed the prior definition of material damage as it relates to the hydrologic balance; MCA 82-4-203(32)(c) definition of material damage as it relates to subsidence; MCA 82-4-222(1)(m) hydrologic information requirements.
</P>
<CITA TYPE="N">[78 FR 10512, Feb. 14, 2013, as amended at 90 FR 3687, Jan. 15, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 926.15" NODE="30:3.0.1.18.100.0.1.3" TYPE="SECTION">
<HEAD>§ 926.15   Approval of Montana regulatory program amendments.</HEAD>
<XREF ID="20260715" REFID="3">Link to an amendment published at 91 FR 43328, July 15, 2026.</XREF>
<XREF ID="20260715" REFID="4">Link to an amendment published at 91 FR 43335, July 15, 2026.</XREF>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 13, 1983</TD><TD align="left" class="gpotbl_cell">January 3, 1984</TD><TD align="left" class="gpotbl_cell">MCA 82-4-237, -251(4), -254. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 2, 1984</TD><TD align="left" class="gpotbl_cell">January 3, 1985</TD><TD align="left" class="gpotbl_cell">ARM 26.4.1206 through .1209, .1211, .1212.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 3, 1984</TD><TD align="left" class="gpotbl_cell">November 18, 1985</TD><TD align="left" class="gpotbl_cell">ARM 26.4.310, .621 through .626, .1260 through .1263. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 3, 1985</TD><TD align="left" class="gpotbl_cell">February 14, 1986</TD><TD align="left" class="gpotbl_cell">MCA 82-4-231, 232, 254. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 23, 1987</TD><TD align="left" class="gpotbl_cell">December 31, 1987</TD><TD align="left" class="gpotbl_cell">MCA 82-4-203, 222, 223. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 21, 1988</TD><TD align="left" class="gpotbl_cell">May 11, 1990</TD><TD align="left" class="gpotbl_cell">ARM 26.4 subchapters 3, definitions and strip mine permit application requirements; 4, mine permit and test pit prospecting permit procedures; 5, backfilling and grading requirements; 6, transportation facilities, explosives and hydrology; 7, topsoiling, revegetation, and protection of wildlife and air resources; 8, alluvial valley floors, prime farmlands, alternate reclamation, and auger mining; 9, underground coal and uranium mining; 10, prospecting; 11, bonding, insurance reporting, and special areas; 12, special departmental procedures; 13, miscellaneous provisions.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 19, 1990</TD><TD align="left" class="gpotbl_cell">March 20, 1991, August 19, 1992</TD><TD align="left" class="gpotbl_cell">ARM 26.4.724 through 726, .728, .730 through .733, .1301A, .724; ARM 26.4.920, .924 through .927, .930, .932; ARM 26.4 subchapters 3, 5, 8, 11, 12. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 19, 1992</TD><TD align="left" class="gpotbl_cell">February 25, 1994</TD><TD align="left" class="gpotbl_cell">MCA 82-4-203(26). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 16, 1993, July 28, 1993</TD><TD align="left" class="gpotbl_cell">February 1, 1995</TD><TD align="left" class="gpotbl_cell">MCA 82-4-203, subsections (14), (16), (21), (23), (29), (34), (35), (36), definitions; 82-4-224, surface owner consent; 82-4-226, subsections (1), (2), (3), (5), (6), (8), prospecting permits and notices of intent; 82-4-227, subsections (1), (2), (3), (7) through (13), permit approval/denial criteria.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 16, 1995</TD><TD align="left" class="gpotbl_cell">January 22, 1999</TD><TD align="left" class="gpotbl_cell">MCA 2-15-3501, 2-15-3502, 82-4-203(1) through (35), except (24); MCA 82-4-204; MCA 82-4-205; MCA 82-4-221; MCA 82-4-223; MCA 82-4-226(8); MCA 82-4-227; MCA 82-4-231; MCA 82-4-232(6) and (7); MCA 82-4-235; MCA 82-4-240; MCA 82-4-242; MCA 82-4-251; and MCA 82-4-254(1) through (3). Decision deferred on MCA 82-4-239; MCA 82-4-203(24) disapproved.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 5, 1996</TD><TD align="left" class="gpotbl_cell">January 22, 1999</TD><TD align="left" class="gpotbl_cell">ARM 26.4.301(114); 26.4.410; 26.4.1001; and 26.4.1001A.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 20 and August 17, 2000</TD><TD align="left" class="gpotbl_cell">6/12/01</TD><TD align="left" class="gpotbl_cell">MCA 82-4-203(1) and (21)(d), 82-4-232(1), (7) and (8), 82-4-233(1) and 4, 82-4-243, 82-4-253(1), (2) and (3) and 82-4-254(1), (2), (3), (4) and (9).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 27, 2001</TD><TD align="left" class="gpotbl_cell">November 21, 2001</TD><TD align="left" class="gpotbl_cell">MCA 82-4 part 2 Operating permit revocation—permit transfer
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 1 and 28, 1995</TD><TD align="left" class="gpotbl_cell">February 12, 2002</TD><TD align="left" class="gpotbl_cell">ARM 26.4.301(79) through (137); 26.4.304(5) and (6); 26.4.308(2); 26.4.314(3) and (5); 26.4.321(1) and (3); 26.4.404(5); 26.4.405(6) and (8); 26.4.407(1), (2) and (4); 26.4.501A(3); 26.4.505(4) through (8); 26.4.524(2); 26.4.601(5) and (7); 26.4.602(2); 26.4.603(9) and Introduction; 26.4.605(3); 26.4.623(2); 26.4.633(2); 26.4.634(1) and (2); 26.4.638(2); 26.4.639(1), (10), (18) and (19); 26.4.642(5) and (8); 26.4.702(4); 26.4.711(2) through(6); 26.4.721(1) through (3); 26.4.724(6); 26.4.726(2) and (3); 26.4.821(1); 26.4.825(4) and (6); 26.4.924(3) through (5), (8) through (21); 26.4.927(2) and (3); 26.4.930(3); 26.4.932(8); 26.4.1002(1) and (2); 26.4.1005(2) and (3); 26.4.1006(1) through (4); 26.4.1007(1) and (2); 26.4.1009(1) and (2); 26.4.1011(1); 26.4.1014; 26.4.1116(7); 26.4.1116A(1) and (2); 26.4.1141(3); and 26.4.1212(1) are approved. ARM 26.4.301(78); 26.3.303, Introduction, (1), (6) through (8), (13) through (15), and (20) through (24); 26.4.404(7) through (10); 26.4.405(5); 26.4.405A; 26.4.405B, 26.4.519A; 26.4.645(6); 26.4.646(6); 26.4.932(5)(b) and 26.4.1206(1) are deferred.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 7, 2002</TD><TD align="left" class="gpotbl_cell">August 6, 2003</TD><TD align="left" class="gpotbl_cell">ARM 17.24.301 (recodified); 17.24.301(13), (34), (39), (46), (47), (64), (71), (73), (76), (79), (95), (103), (110), (111), (133); 17.24.302(6); 17.24.303(15)(a)(ii); 17.24.304(5); 17.24.305(2)(b); 17.24.306(1), (3); 17.24.313(6); 17.24.315(1)(b); 17.24.321(1)(intro), (a), (2)-(4); 17.24.324(2), (3); 17.24.327(2); 17.24.401(1), (5)(b)(i); 17.24.403(2)(a); 17.24.405(1), (8); 17.24.413(4); 17.24.415(1); 17.24.416(1)(d), (2); 17.24.501(1), (3), (4)-(6); 17.24.501A deleted; 17.24.503(1); 17.24.505(2); 17.24.507(4); 17.24.510(1), (2); 17.24.514 deleted; 17.24.518(1); 17.24.519A deleted; 17.24.520(1), (2), (3 recodified); 17.24.522(1); 17.24.601(1)-(11); 17.24.603(1)-(5); 17.24.604 deleted; 17.24.605(1)-(3); 17.24.606 [moved to 17.24.601(7)]; 17.24.607(1)-(3); 17.24.623(2)(b)(iii); 17.24.625(1), (2); 17.24.632(1); 17.24.633(3)-(5); 17.24.634(1)(intro), (a), (2), (3); 17.24.639(1)(c)-(27); 17.24.640(1); 17.24.642(1)(f), (2), (3), (6); 17.24.645(5 intro), (6); 17.24.646(6); 17.24.647(1); 17.24.652(1); 17.24.702(1), (2), (6); 17.24.711(1), (6)(b); 17.24.716(1), (2), (5); 17.24.718(2); 17.24.724(3)(a); 17.24.725(1); 17.24.726(2); 17.24.728 (intro); 17.24.733(3), recodified (3)-(5); 17.24.762(1); 17.24.815(2)(c)-(e), (f)(i), (h); 17.24.821(1)(intro), (1)(g); 17.24.823(2); 17.24.825(1), (3); 17.24.826(1), (2) [replaces 17.24.1103]; 17.24.901(1)(c)(i)-(iii); 17.24.903(1)(a), (c), (d); 17.24.911(1)-(3), (4)-(6) recodified, (7)(intro), (8)-(10); 17.24.924(15)-(20); 17.24.925(2); 17.24.927(3); 17.24.1001(1)(a), (2)(b)-(o), (4); 17.24.1002(1), (2)(j)-(m), (3); 17.24.1003(1 recodified), (2)-(4); 17.24.1005(3)(c intro); 17.24.1006(1), (3)(intro); 17.24.1010 intro; 17.24.1014(1)(b), (2)(d), (4); 17.24.1017(2)(c), (3)(d); 17.24.1018(3)-(9); 17.24.1103 deleted; 17.24.1104(2), recodify (3)-(5); 17.24.1108(1); 17.24.1111(4), recodify (5)-(6); 17.24.1112(1)(h); 17.24.1116(8); 17.24.1116A deleted; 17.24.1132(1)(a)(iv); 17.24.1143(1); 17.24.1221(1); 17.24.1222(2); 17.24.1223(5) (intro), (6)(b); 17.24.1224(1)(b); 17.24.1225(1)-(3); 17.24.1226(1), (2); 17.24.1228(1); 17.24.1261(1), (2), (4)(b), (c), (5); 17.24.1262(1 as recodified). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">MCA 82-4-205 recodification, (1), (2); 82-4-206 title, (1), (2); 82-4-231(8)(c), (d), (f); 82-4-241(1)-(3); 82-4-254(3), (4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 29, 2003</TD><TD align="left" class="gpotbl_cell">February 16, 2005</TD><TD align="left" class="gpotbl_cell">MCA 82-4-202(3)(c); (3)(e) except for the phrase “and attainable”; 82-4-203(2); 82-4-203(4) except at (4)(c) the phrase “as necessary to support postmining land uses within the area affected and the adjacent area”; 82-4-203(13), (16), (17), (20) through (23); (24) except the phrase “as they relate to uses of land and water within the area affected by mining and the adjacent area”; (26), (27), (28), (30), (37), (38), (42) through (44), (46), (47), (50), (55); 82-4-221(3); 82-4-222(1)(m)-(p); 82-4-231(10)(k) except the phrase “as necessary to support postmining land uses and to prevent material damage to the hydrologic balance in the adjacent area”; 82-4-231(10)(k)(vii); (viii) except the phrase “to protect the hydrologic balance as necessary to support postmining land uses within the area affected and to prevent material damage to the hydrologic balance in adjacent areas”; 82-4-232(1) through (10); 82-4-233; 82-4-234; 82-4-235(1)-(1)(c); 82-4-235(1)(e)-(f); 82-4-235(1)(g) except the phrase “are introduced species that have become naturalized”; 82-4-236; HB 373 Section 11; 82-4-252(2); HB 684 repeal of Sec. 5, Chapter 522, Laws of 2001; also all editorial and codification changes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">We are taking no action on: MCA 82-4-202(1); 82-4-239.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 31, 2005</TD><TD align="left" class="gpotbl_cell">October 10, 2007</TD><TD align="left" class="gpotbl_cell">ARM 17.24.301(6); 17.24.301(11); 17.24.301(13) (intro) and (a), (b), and (d); 17.24.301(26); 17.24.301(33); 17.24.301(36); 17.24.301(38); 17.24.301(46); 17.24.301(50); 17.24.301(54); 17.24.301(59); 17.24.301(64); 17.24.301(64)(b), (c), (d), (g), and (h); 17.24.301(67); 17.24.301(90); 17.24.301(103); 17.24.301(107)(b); 17.24.301(143); 17.24.302; 17.24.303(1)(w), (x), and (y); 17.24.305(2)(b)(i); 17.24.308(1)(b)(vii); 17.24.312(1)(b); 17.24.313; 17.24.321(1) and (3); 17.24.322(2)(a)(x) and (4); 17.24.323; 17.24.324(1)(e); 17.24.401(3)(f) and (5)(a)(iv); 17.24.404(9) and (10); 17.24.405(1) and (2), (6)(j), and (7); 17.24.416(1)(b); 17.24.413(1)(f); 17.24.427(1)(a), (c) and (2); 17.24.501(4)(a), (d) and (6)(d); 17.24.515; 17.24.522(3); 17.24.603(4); 17.24.605(8); 17.24.609(1); 17.24.623(2) and (5)(b); 17.24.624(4), (6)(a), (7)(a), (11) and (14); 17.24.626(1)(j); 17.24.633(2); 17.24.634; 17.24.636(2) and (3); 17.24.639(2), (3) and (7); 17.24.642(1)-(7); 17.24.646(4); 17.24.701(4); 17.24.702(4)(b) and (6); 17.24.711; 17.24.714(1); 17.24.716(1), (3), (4), and (5); 17.24.717(1); 17.24.718(3); 17.24.719; 17.24.720; 17.24.724(1)-(3); 17.24.726 except at (1) the proposed deletion of the phrase “the application and must;” 17.24.728; 17.24.751(1) and (2)(a), (c), (e), and (f); 17.24.762(1)(a)-(d), (2), and (3); 17.24.764; 17.24.815(1)(a)(i), (ii) and (b); 17.24.821; 17.24.823; 17.24.824; 17.24.825; 17.24.826; 17.24.832(4) and (5)(b) and (c); 17.24.1001; 17.24.1104(1) and (3); 17.24.1108(1), (2) and (4); 17.24.1109(1)(d)-(g); 17.24.1116; 17.24.1125(2); 17.24.1132(1)(a); 17.24.1133(2)(a), (b), and (3); 17.24.1201(1)-(4); 17.24.1202; 17.24.1301; also all minor, editorial, and codification changes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 18, 2006</TD><TD align="left" class="gpotbl_cell">May 14, 2008</TD><TD align="left" class="gpotbl_cell">Montana Code Annotated (MCA) 82-4-206; 82-4-223; 82-4-225; 82-4-226; 82-4-227; 82-4-231; 82-4-232; 82-4-233; 82-4-235; 82-4-251; 82-4-254; 82-4-1001; 82-4-1002.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 6, 2006</TD><TD align="left" class="gpotbl_cell">May 14, 2008</TD><TD align="left" class="gpotbl_cell">Administrative Record of Montana (ARM) 17.4.301; 17.4.302; 17.4.303; 17.4.304; 17.4.305; 17.4.306; 17.4.307; 17.4.308; 17.24.1206; 17.24.1211; 17.24.1212; 17.24.1218; 17.24.1219; 17.24.1220.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 7, 2008</TD><TD align="left" class="gpotbl_cell">January 5, 2009</TD><TD align="left" class="gpotbl_cell">Montana Strip and Underground Mine Reclamation Act 82-4-232(3) and (4), 82-4-232 (5)(k), 82-4-232(5)(l).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 3, 2008</TD><TD align="left" class="gpotbl_cell">December 27, 2010</TD><TD align="left" class="gpotbl_cell">Normal husbandry practices. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 14, 2010</TD><TD align="left" class="gpotbl_cell">March 9, 2011</TD><TD align="left" class="gpotbl_cell">ARM 17.24.1109.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 12, 2009</TD><TD align="left" class="gpotbl_cell">May 24, 2011</TD><TD align="left" class="gpotbl_cell">MCA 82-4-235(2), -235(3)(a), -235(3)(b), -235(4)(a), and -235(4)(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 19, 2011</TD><TD align="left" class="gpotbl_cell">September 19, 2012</TD><TD align="left" class="gpotbl_cell">MCA 82-4-203(4)(c) (definition of AOC); addition of -203(27) “in situ coal gasification;” -203(44) “recovery fluid;” recodification of former -203(27) through (56).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 20, 2013</TD><TD align="left" class="gpotbl_cell">October 23, 2019</TD><TD align="left" class="gpotbl_cell">ARM 17.24.1001(1)(b), (1)(c), (2), (2)(h)(iii)(F), (2)(q), and (7), <E T="03">Permit Requirement;</E> ARM 17.24.1002(3), <E T="03">Information and Monthly Reports;</E> ARM 17.24.1003(1), <E T="03">Renewal and Transfer of Permits;</E> ARM 17.24.1005(2)(d), <E T="03">Drill holes;</E> ARM 17.24.1016(3), <E T="03">Bond Requirements for Drilling Operations;</E> ARM 17.24.1018(1)(b), (2), (4), (5)(a), (6), (7), (8), and (9), <E T="03">Notice of Intent to Prospect;</E> ARM 17.24.1019, <E T="03">Permit requirement—short form;</E> MCA 82-4-222(1)(k), (1)(l), (2), (2)(l), (2)(m), and (8), <E T="03">Permit application—application revisions;</E> MCA 82-4-226(1), (2), (7)(a), (7)(b)(i), (7)(b)(ii), and (8), <E T="03">Prospecting permit;</E> MCA 82-4-227 (8), <E T="03">Refusal of permit—applicant violator system;</E> MCA 82-4-237(1), (1)(a), (1)(b), (1)(c), (2), and (3), <E T="03">Operator to file annual reports;</E> MCA 82-4-253(3)(d), <E T="03">Suit for damage to water supply.</E>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 27, 2017</TD><TD align="left" class="gpotbl_cell">October 30, 2019</TD><TD align="left" class="gpotbl_cell">Mont. Code Ann. 82-4-207 In situ gasification rulemaking ARM 17.24.902, 17.24.903, and 17.24.905, In situ gasification.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 26, 2023</TD><TD align="left" class="gpotbl_cell">November 19, 2024</TD><TD align="left" class="gpotbl_cell">Mont. Code. Ann. 82-4-222(1)(q) <E T="03">Permit Applications—Application Revisions</E>—Approved in part.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 1, 2023</TD><TD align="left" class="gpotbl_cell">January 15, 2025</TD><TD align="left" class="gpotbl_cell">MCA 82-4-203(32)(a) existing definition of material damage with respect to protection of the hydrologic balance recodified; MCA 82-4-203(32)(b) adding a definition of material damage with respect to an alluvial valley floor.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 28, 2021</TD><TD align="left" class="gpotbl_cell">February 13, 2026</TD><TD align="left" class="gpotbl_cell">Mont. Code Ann. 82-4-227—Refusal of Permit—Applicant Violator System. Rulemaking ARM 17.24.301 Definitions, ARM 17.24.302 Format, Data Collection, and Supplemental Information, ARM 17.24.303 Legal, Financial, Compliance, and Related Information, ARM 17.24.416 Permit Renewal, ARM 17.24.418 Transfer of Permits. ARM 17.24.1229 Criminal Penalties and Civil Actions, ARM 17.24.1264 The Department's Obligations Regarding the Applicant Violator System, ARM 17.24.1265 Department Eligibility Review, ARM 17.24.1266 Questions About and Challenges to Ownership or Control Findings, ARM 17.24.1267 Information Requirements for Permittees, ARM 17.24.304 Baseline Information: Environmental Resources, ARM 17.24.308 Operations Plan, ARM 17.24.313 Reclamation Plan, ARM 17.24.314 Plan for Protection of the Hydrologic Balance, ARM 17.24.401 Filing of Application and Notice, ARM 17.24.403 Informal Conference, ARM 17.24.425 Administrative Review, and ARM 17.24.1201 Frequency and Methods of Inspections.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 15, 2025</TD><TD align="left" class="gpotbl_cell">May 29, 2026</TD><TD align="left" class="gpotbl_cell">Mont. Code. Ann.
<br/>82-4-203(35)(a), (b), and (c) <E T="03">Definitions—Material damage—Approved.</E>
<br/>82-4-222(1)(m) <E T="03">Permit Applications—Hydrologic Information</E>—Approved.
</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9946, Mar. 5, 1997, as amended at 64 FR 3610, 3615, Jan. 22, 1999; 66 FR 31533, June 12, 2001; 66 FR 58381, Nov. 21, 2001; 67 FR 6408, Feb. 12, 2002; 68 FR 46477, Aug. 6, 2003; 70 FR 8018, Feb. 16, 2005; 72 FR 57838, Oct. 10, 2007; 73 FR 27743, May 14, 2008; 74 FR 219, Jan. 5, 2009; 75 FR 81119, Dec. 27, 2010; 76 FR 12859, Mar. 9, 2011; 76 FR 30013, May 24, 2011; 77 FR 58025, Sept. 19, 2012; 84 FR 56695, Oct. 23, 2019; 84 FR 58051, Oct. 30, 2019; 89 FR 91261, Nov. 19, 2024; 90 FR 3687, Jan. 15, 2025; 91 FR 6770, Feb. 13, 2026; 91 FR 31909, May 29, 2026]



</CITA>
</DIV8>


<DIV8 N="§ 926.16" NODE="30:3.0.1.18.100.0.1.4" TYPE="SECTION">
<HEAD>§ 926.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17(f)(1), Montana is required to submit to OSM by the specified date the following written, proposed program amendment, or a description of an amendment to be proposed that meets the requirements of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is consistent with Montana's established administrative or legislative procedures.
</P>
<P>(a)-(d) [Reserved]
</P>
<P>(e) By October 19, 1992, Montana shall:
</P>
<P>(1)-(9) [Reserved] 
</P>
<P>(f)-(m) [Reserved] 
</P>
<CITA TYPE="N">[49 FR 20287, May 14, 1989, as amended at 55 FR 19736, May 11, 1990; 57 FR 37446, Aug. 19, 1992; 59 FR 9087, Feb. 25, 1994; 60 FR 6013, Feb. 1, 1995; 64 FR 3610, 3615, Jan. 22, 1999; 67 FR 6408, Feb. 12, 2002; 68 FR 46477, Aug. 6, 2003; 72 FR 57838, Oct. 10, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 926.20" NODE="30:3.0.1.18.100.0.1.5" TYPE="SECTION">
<HEAD>§ 926.20   Approval of Montana abandoned mine land reclamation plan.</HEAD>
<P>The Montana Abandoned Mine Land Reclamation Plan, as submitted on June 16, 1980, and as revised on July 28, 1980, is approved effective November 24, 1980. Copies of the approved plan are available at:
</P>
<P>(a) Montana Department of Environmental Quality, 1625 Eleventh Avenue, Helena, MT 59620-1601.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Casper Field Office, 100 East B Street, Room 2128, Casper, WY 82601-1918.
</P>
<CITA TYPE="N">[60 FR 37002, July 19, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 926.21" NODE="30:3.0.1.18.100.0.1.6" TYPE="SECTION">
<HEAD>§ 926.21   Required abandoned mine land plan amendments.</HEAD>
<P>Pursuant to 30 CFR 884.15, Montana is required to submit for OSM's approval the following proposed plan amendment by the date specified.
</P>
<P>(a)-(b) [Reserved]
</P>
<CITA TYPE="N">[64 FR 3610, Jan. 22, 1999, as amended at 67 FR 41829, June 20, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 926.25" NODE="30:3.0.1.18.100.0.1.7" TYPE="SECTION">
<HEAD>§ 926.25   Approval of Montana abandoned mine land reclamation plan amendments.</HEAD>
<P>(a) Montana certification of completing all known coal-related impacts is accepted, effective July 9, 1990.
</P>
<P>(b) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 20, 1983</TD><TD align="left" class="gpotbl_cell">August 18, 1983</TD><TD align="left" class="gpotbl_cell">Liens on noncoal projects; noncoal additions to Montana Abandoned Mine Land Inventory; emergency response reclamation program; organizational restructure.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 22, 1995</TD><TD align="left" class="gpotbl_cell">July 19, 1995</TD><TD align="left" class="gpotbl_cell">Reclamation of interim program and bankrupt surety coal sites; future set-aside program; water supply facilities and water replacement; other policies and procedures.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 15, 2000</TD><TD align="left" class="gpotbl_cell">June 20, 2002</TD><TD align="left" class="gpotbl_cell">Deletion of ARM 26.4.301(1), (37), and (41), 26.4.1231, 26.4.1232, 26.4.1233, 26.4.1234, 26.4.1235, 26.4.1236, 26.4.1237, 26.4.1238, 26.4.1239, 26.4.1240, 26.4.1241, and 26.4.1242; and revision of ARM 26.4.301(1), ARM 26.4.1303, MCA 82-4-239, and the Montana Reclamation Plan 2001 Plan Amendment are approved.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 4, 2020</TD><TD align="left" class="gpotbl_cell">July 14, 2021</TD><TD align="left" class="gpotbl_cell">Repeal and replace Certified AML Plan in response to OSMRE 884 Letter and State initiative streamlining of Plan. Updates Plan to be consistent with changes to Federal program and extends limited liability protection for certain coal and noncoal reclamation projects.
<br/>Addition of 82-4-1006, MCA.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9947, Mar. 5, 1997, as amended at 67 FR 41828, June 20, 2002; 86 FR 37045, July 14, 2021]



</CITA>
</DIV8>


<DIV8 N="§ 926.30" NODE="30:3.0.1.18.100.0.1.8" TYPE="SECTION">
<HEAD>§ 926.30   State-Federal cooperative agreement.</HEAD>
<HD1>Cooperative Agreement
</HD1>
<P>The Governor of the State of Montana (Governor) and the Secretary of the Department of the Interior (Secretary) enter into a State-Federal Cooperative Agreement (Agreement) to read as follows:
</P>
<EXTRACT>
<HD1>Article I: Authority, Purposes, and Responsible Agencies
</HD1>
<HD2>A. Authority
</HD2>
<P>This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary, under 30 U.S.C. 1253, to elect to enter into an agreement for State control and regulation of surface coal mining and reclamation operations on Federal lands. This Agreement provides for State regulation of coal exploration operations 
<SU>1</SU>
<FTREF/> not subject to 43 CFR Group 3400, and surface coal mining and reclamation operations and activities in Montana on Federal lands consistent with SMCRA, the Federal lands program (30 CFR) Chapter VII, Subchapter D), and the Montana State Program (State Program), including among other things, the Montana Strip and Underground Mine Reclamation Act, part 2, Chapter 4, Title 82, Montana Code Annotated (State Act or MCA).
</P>
<FTNT>
<P>
<SU>1</SU> The term “Exploration Operations” is referred to as “Prospecting” in the Montana State Program.</P></FTNT>
<HD2>B. Purposes
</HD2>
<P>The purposes of the Agreement are to (1) foster State-Federal cooperation in the regulation of surface coal mining and reclamation operations on Federal lands and coal exploration operations not subject to 43 CFR Group 3400; (2) minimize intergovernmental overlap and duplication; and (3) provide effective and uniform application of the State Program on all non-Indian lands in Montana.
</P>
<HD2>C. Responsible Agencies
</HD2>
<P>The Montana Department of Environmental Quality (DEQ) shall administer this Agreement on behalf of the Governor. The Office of Surface Mining Reclamation and Enforcement (OSM) shall administer this Agreement on behalf of the Secretary.
</P>
<HD1>Article II: Effective Date
</HD1>
<P>Upon signing by the Secretary and the Governor, this Agreement will take effect 30 days after final publication as a rule making in the <E T="04">Federal Register.</E> 
<SU>2</SU>
<FTREF/> This Agreement shall remain in effect until terminated as provided in Article XI.
</P>
<FTNT>
<P>
<SU>2</SU> See explanation in Article II at 46 FR 20983, April 8, 1981.</P></FTNT>
<HD1>Article III: Definitions
</HD1>
<P>The term and phrases used in this Agreement, except the term “permit application package (PAP),” will be given the meanings set forth in SMCRA, 30 CFR Parts 700, 701, 740, and 761, and the State Program, including the State Act and the regulations promulgated pursuant to the State Act. Where there is a conflict between the above-referenced State and Federal definitions, the definitions used in the State Program will apply, unless otherwise required by Federal regulation.
</P>
<P>The term “permit application package (PAP)” for the purposes of this Agreement, means a proposal to conduct surface coal mining and reclamation operations on Federal lands, including an application for a permit, permit revision, permit amendment, or permit renewal, and all information required by SMCRA, the Federal regulations, the State Program, this Agreement, and all other applicable laws and regulations, including, with respect to leased Federal coal, the Mineral Leasing Act of 1920 (MLA) and its implementing regulations.
</P>
<HD1>Article IV: Applicability
</HD1>
<P>In accordance with the Federal lands program, the laws, regulations, terms and conditions of the State Program are applicable to Federal lands in Montana except as otherwise stated in this Agreement, SMCRA, 30 CFR 740.4, 740.11(a), and 745.13 or other applicable Federal laws, Executive Orders, or regulations.
</P>
<HD1>Article V: Requirements for the Agreement
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all provisions of this Agreement.
</P>
<HD2>A. Funds
</HD2>
<P>1. The State shall devote adequate funds to the administration and enforcement on Federal lands in Montana of the requirements contained in the State Program. If the State complies with the terms of this Agreement, and if necessary funds have been appropriated, OSM shall reimburse the State as provided in section 705(c) of SMCRA and 30 CFR 735.16 for the costs associated with carrying out responsibilities under this Agreement. The amount of such funds shall be determined in accordance with the provisions of Chapter 3-10 and appendix 111 of the Federal Assistance Manual.
</P>
<P>2. If DEQ applies for a grant but sufficient funds have not been appropriated to OSM, OSM and DEQ shall promptly meet to decide on appropriate measures that will insure that surface coal mining and reclamation operations on Federal lands in Montana are regulated in accordance with the State Program.
</P>
<P>3. Funds provided to DEQ under this Agreement will be adjusted in accordance with the program income provisions of 43 CFR part 12.
</P>
<HD2>B. Reports and Records
</HD2>
<P>1. DEQ shall submit annual reports to OSM containing information with respect to its compliance with the terms of this Agreement pursuant to 30 CFR 745.12(d). Upon request, DEQ and OSM shall exchange, except where prohibited by Federal or State law, information developed under this Agreement. OSM shall provide DEQ with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement. DEQ comments on the report will be attached before being sent to the Congress or other interested parties.
</P>
<HD2>C. Personnel
</HD2>
<P>DEQ shall maintain the necessary personnel to fully implement this Agreement in accordance with the provisions of SMCRA, the Federal lands program, and the State Program.
</P>
<HD2>D. Equipment and Facilities
</HD2>
<P>DEQ shall assure itself access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses can be performed and which are necessary to carry out the requirements of this Agreement.
</P>
<HD2>E. Permit Application Fees and Civil Penalties
</HD2>
<P>The amount of the fee accompanying the PAP shall be determined in accordance with section 82-4-223(1), of MCA, and the applicable provisions of Federal law. All permit fees and civil penalty fines shall be accounted for in accordance with the provisions of 43 CFR part 12. Permit fees will be considered program income. Civil penalties will not be considered program income. The Financial Status Report submitted pursuant to 30 CFR 735.26 shall include the amount of the permit application fees collected and attributable to Federal lands during the State fiscal year.
</P>
<HD1>Article VI: Review and Approval of the PAP or Application for Transfer, Assignment or Sale of Permit Rights (Transfer Application)
</HD1>
<HD2>A. Receipt and Distribution of the PAP or Transfer Application
</HD2>
<P>1. DEQ shall require an applicant proposing to conduct surface coal mining and reclamation operations on Federal lands to submit to DEQ the appropriate number of copies of a PAP or transfer application. The PAP or transfer application shall meet the requirements of 30 CFR part 740, shall be in the form required by DEQ, and shall contain, at a minimum, the information required by 30 CFR 740.13(b), including:
</P>
<P>a. Information necessary for DEQ to make a determination of compliance with the State Program;
</P>
<P>b. Any supplement information required by OSM, the Bureau of Land Management (BLM), and the Federal Land Management Agency. This information shall be appropriate and adequate for OSM and the appropriate Federal agencies to make determinations of compliance with applicable requirements of SMCRA,the MLA, as amended, the Federal lands program, and other Federal laws, Executive Orders, and regulations which these agencies administer.
</P>
<P>2. Except as otherwise agreed in writing by Federal agencies, upon receipt of a PAP or transfer application, DEQ shall ensure that an appropriate number of copies of the PAP or transfer application are provided to OSM, Federal land management agency, and any other appropriate Federal agency.
</P>
<HD2>B. Review of the PAP or Transfer Application
</HD2>
<P>1. DEQ is responsible for:
</P>
<P>a. As authorized by 30 CFR 740.4(c),
</P>
<P>(1) Being the primary point of contact with the applicant regarding the review of the PAP or transfer application and communications regarding all decisions and determinations with respect to the PAP or transfer application;
</P>
<P>(2) Analysis, review, and approval, conditional approval, or disapproval of the permit application component of the PAP or the transfer application for surface coal mining and reclamation operations on Federal lands in Montana;
</P>
<P>(3) Obtaining the comments and findings of Federal agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP or transfer application, unless otherwise agreed in writing by Federal agencies. DEQ shall request such Federal agencies to provide to DEQ their requests for additional information or their findings within 45 days of the receipt of the request;
</P>
<P>(4) Obtaining OSM's determination whether the PAP involving leased Federal coal constitutes a mining plan modification under 30 CFR 746.18, and informing the applicant of such determination;
</P>
<P>(5) Consulting with and obtaining the consent, as necessary, of the Federal land management agency pursuant to 30 CFR 740.4(c)(2), with respect to post-mining land use and to any special requirements necessary to protect non-coal resources of the areas that will be affected by surface coal mining and reclamation operations;
</P>
<P>(6) Consulting with and obtaining the consent, as necessary, of BLM pursuant to 30 CFR 740.4(c)(3), with respect to requirements relating to the development, production and recovery of mineral resources on lands affected by surface coal mining and reclamation operations involving leased Federal coal pursuant to 43 CFR Group 3400;
</P>
<P>(7) Approval and release of performance bonds pursuant to Article IX.B, and approval and maintenance of liability insurance;
</P>
<P>(8) Review and approval of exploration operations not subject to the requirements of 43 CFR Group 3400, as provided in 30 CFR 740.4(c)(6).
</P>
<P>b. In addition, where a mining plan action is required under 30 CFR part 746, as determined by OSM:
</P>
<P>(1) Preparation of documentation to comply with the requirements of National Environmental Policy Act (NEPA). However, OSM will retain the responsibility for the exceptions in 30 CFR 740.4(c)(7)(l) through (vii). DEQ and OSM shall coordinate and cooperate with each other so that, if possible, one Environmental Assessment or Environmental Impact Statement is produced to comply with NEPA and the Montana Environmental Policy Act (MEPA);
</P>
<P>(2) Preparation of a State decision package, which includes written findings indicating that the permit application component of the PAP is in compliance with the terms of the State Program, a technical analysis of the PAP, and supporting documentation.
</P>
<P>2. OSM is responsible for:
</P>
<P>a. When the PAP includes Federal lands,
</P>
<P>(1) Making determinations and evaluations for NEPA compliance documents as required by 30 CFR 740.4(c)(7)(l) through (vii);
</P>
<P>(2) Reviewing the appropriate portions of the PAP for compliance with the non-delegable responsibilities of the Secretary pursuant to SMCRA and 30 CFR 745.13, and for compliance with the requirements of other Federal laws, Executive Orders, and regulations;
</P>
<P>(3) Consulting with the Federal land management agency, and determining whether the PAP constitutes a mining plan modification under 30 CFR 746.18, and informing DEQ, whenever practical within 30 days of receiving a copy of the PAP for operations on Federal lands, of such determination;
</P>
<P>(4) Exercising its responsibilities in a timely manner governed, to the extent possible, by the deadlines established in the State Program;
</P>
<P>(5) Assisting DEQ, upon request, in carrying out its responsibilities by:
</P>
<P>(a) Coordinating resolution of conflicts between DEQ and other Federal agencies in a timely manner;
</P>
<P>(b) Obtaining comments and findings of other Federal agencies with jurisdiction or responsibility over Federal lands;
</P>
<P>(c) Scheduling joint meetings between DEQ and Federal agencies;
</P>
<P>(d) Reviewing and analyzing the PAP, to the extent possible, and providing to DEQ the work product within 50 days of receipt of the State's request for such assistance, unless a different time is agreed upon by OSM and DEQ; and
</P>
<P>(e) Providing technical assistance, if available OSM resources allow.
</P>
<P>b. In addition, where a mining plan action is required pursuant to 30 CFR part 746:
</P>
<P>(1) Consulting with and obtaining the concurrences of BLM, the Federal land management agency, and any other Federal agency, as necessary, prior to making recommendation to the Secretary concerning approval of the mining plan;
</P>
<P>(2) Upon notification from the DEQ that certain permit conditions required by the Federal land management agency are not incorporated in the State permit, OSM will determine whether such conditions are necessary. When OSM believes the conditions are necessary, OSM will work with the Federal land management agency to find another means to resolve the issue and, where appropriate, OSM will facilitate the attachment of conditions to the appropriate Federal authorizations; and
</P>
<P>(3) Providing a decision document to the Secretary recommending approval, disapproval, or conditional approval of mining plans or modifications thereof.
</P>
<P>3. The Secretary:
</P>
<P>a. Shall concurrently carry out his responsibilities that cannot be delegated to DEQ pursuant to SMCRA and 30 CFR 745.13, the Federal lands program, the MLA, NEPA, this Agreement, and other applicable Federal laws including, but not limited to, those listed in appendix A. The Secretary shall carry out these responsibilities in a timely manner and will avoid, to the extent possible, duplication of the responsibilities of the State as set forth in this Agreement and the State Program;
</P>
<P>b. Reserves the right to act independently of DEQ to carry out his responsibilities under laws other than SMCRA, and where Federal law permits, to delegate some of the responsibilities to OSM; and
</P>
<P>c. Shall be responsible for approval, disapproval, or conditional approval of mining plans and modifications thereof with respect to lands containing leased Federal coal in accordance with 30 CFR 740.4(a)(1).
</P>
<P>4. Coordination:
</P>
<P>a. As a matter of practice, OSM will not independently initiate contacts with applicants regarding completeness or deficiencies of a PAP or transfer application with respect to matters covered by the State Program.
</P>
<P>b. OSM and DEQ shall coordinate with each other during the review process of a PAP or transfer application as needed.
</P>
<P>c. OSM and DEQ may request and schedule meetings with the applicant with adequate advance notice to each other.
</P>
<P>d. DEQ shall keep OSM informed of findings made during the review process which bear on the responsibilities of OSM or other Federal agencies. DEQ shall send to OSM copies of any correspondence with the applicant and any information received from the applicant regarding the PAP or transfer application. OSM shall send to DEQ copies of all OSM correspondence with the applicant and any other information received from the applicant which may have a bearing on the PAP or transfer application. Any conflicts or differences of opinions that may develop during the review process should be resolved at the lowest possible staff level.
</P>
<P>e. OSM shall have access to DEQ files concerning operations on Federal lands.
</P>
<P>f. Where a mining plan action is required pursuant to 30 CFR part 746, OSM and DEQ shall develop a work plan and schedule for the PAP review and each will designate a project leader. The project leaders will serve as the primary points of contact between OSM and DEQ throughout the review process. Not later than 50 days after receipt of the PAP, unless a different time is agreed upon, OSM shall furnish DEQ with its review comments on the PAP and specify any requirements for additional data. DEQ shall provide OSM all available information that may assist OSM in preparing any findings for the mining plan action.
</P>
<P>g. On matters concerned exclusively with regulations under 43 CFR Group 3400, BLM will be the primary contact with the applicant and shall inform DEQ of its actions and provide DEQ with a copy of documentation on all decisions.
</P>
<P>h. Responsibilities and decisions which can be delegated to DEQ under applicable Federal laws other than SMCRA may be specified in working agreements between OSM and DEQ, with the concurrence of any Federal agency involved, and without amendment to this Agreement.
</P>
<P>i. In the case that valid existing rights (VER) are determined to exist on Federal lands under section 522(e)(3) of SMCRA where the proposed operation will adversely affect either a publicly-owned park, or a historic place listed in the National Register of Historic Sites, DEQ shall work, respectively, with the agency with jurisdiction over the publicly-owned park or the agency with jurisdiction over the historic place, to develop mutually acceptable terms and conditions for incorporation into the permit to mitigate adverse impacts.
</P>
<HD2>C. Approval of the PAP or Transfer Application
</HD2>
<P>1. DEQ shall make a decision on approval, conditional approval, or disapproval of the permit application component of the PAP or the transfer application on Federal lands.
</P>
<P>2. DEQ must consider the comments of Federal agencies in the context of permit issuance and will document these comments in the record of permit decisions. To the extent allowed by Montana law, permits issued by DEQ will include terms and conditions imposed by the Federal land management agency pursuant to applicable Federal laws and regulations other than SMCRA, in accordance with 30 CFR 740.13(c)(1). When Federal agencies recommend permit conditions and these conditions are not adopted by DEQ. DEQ will provide OSM with documentation as to why they were not incorporated as permit conditions.
</P>
<P>3. When a mining plan action is required pursuant to 30 CFR part 746, DEQ may make a decision on approval, conditional approval, or disapproval of the permit application component of the PAP on Federal lands in accordance with the State Program prior to the necessary Secretarial decision on the mining plan, provided that DEQ advises the applicant that Secretarial approval of the mining plan action must be obtained before the applicant may conduct surface coal mining and reclamation operations on the Federal lands. To the extent allowed by the State law, DEQ shall reserve the right to amend or rescind any requirements of the permit to conform with any terms or conditions imposed by the Secretary in the approval of the mining plan.
</P>
<P>4. After making its decision on the permit application component of the PAP or transfer application, DEQ shall send a copy of the signed permit form and State decision document to the applicant, OSM, the Federal land management agency, and any agency with jurisdiction over a publicly-owned park, or historic property included in the NRHS which would be adversely affected by the surface coal mining and reclamation operations.
</P>
<HD1>Article VII: Inspections
</HD1>
<P>A. DEQ shall conduct inspections on Federal lands in accordance with 30 CFR 740.4(c)(5) and prepare and file inspection reports in accordance with the approved State Program.
</P>
<P>B. DEQ shall, subsequent to conducting any inspection on Federal lands, file with OSM's appropriate Field Office an inspection report describing: (1) the general conditions of the lands under the lease, permit, or license; (2) the manner in which the operations are being conducted; and (3) whether the operator is complying with applicable performance standards and reclamation requirements.
</P>
<P>C. DEQ will be the point of contact and inspection authority in dealing with the operator concerning operations and compliance with requirements covered by this Agreement, except as described in this Agreement and in the Secretary's regulations. Nothing in this Agreement shall prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement.
</P>
<P>D. Authorized representatives of the Secretary may conduct any inspections necessary to comply with 30 CFR Parts 842 and 843, and with the Secretary's obligations under laws other than SMCRA.
</P>
<P>E. OSM shall give DEQ reasonable notice of its intent to conduct an inspection in order to provide State inspectors with an opportunity to join in the inspection. When OSM is responding to a citizen complaint supplying adequate proof of an imminent danger to the public health and safety, or a significant imminent environmental harm to land, air, or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it shall contact DEQ no less than 24 hours prior to the Federal inspection, if practicable, to facilitate a joint Federal/State inspection. All citizen complaints which do not involve an imminent danger to the public health and safety, or a significant imminent environmental harm to land, air, or water resources, must be referred initially to DEQ for action. The Secretary reserves the right to conduct inspections without prior notice to DEQ, if necessary, to carry out his responsibilities under SMCRA.
</P>
<HD1>Article VIII: Enforcement
</HD1>
<P>A. DEQ shall have primary enforcement authority under SMCRA concerning compliance with the requirements of this Agreement and the State Program in accordance with 30 CFR 740.4(c)(5) and 740.17(a)(2). Enforcement authority given to the Secretary under SMCRA, and its implementing regulations, or other Federal laws and Executive Orders, including, but not limited to, those listed in appendix A, is reserved to the Secretary.
</P>
<P>B. During any joint inspection by OSM and DEQ, DEQ will have primary responsibility for enforcement procedures, including issuance of cessation orders and notices of violation. DEQ shall consult with OSM prior to issuance of any decision to suspend, rescind or revoke a permit on Federal lands. DEQ shall notify BLM of any suspension, rescission or revocation of a permit containing leased Federal coal pursuant to 30 CFR 740.13(f)(2).
</P>
<P>C. During any inspection made solely by OSM or any joint inspection where DEQ an OSM fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to comply with 30 CFR Parts 842, 843, 845 and 846.
</P>
<P>D. DEQ and OSM shall promptly notify each other of all violations and of all actions taken with respect to such violations.
</P>
<P>E. Personnel of DEQ and OSM shall be mutually available to serve as witnesses in enforcement actions taken by either party.
</P>
<P>F. This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other than SMCRA.
</P>
<HD1>Article IX: Bonds
</HD1>
<P>A. DEQ and the Secretary shall require all operators on Federal lands to submit a single performance bond jointly payable to both the United States and DEQ. The board shall be of sufficient amount to cover the operator's responsibilities under SMCRA and the State Program. The bond shall be conditioned upon continued compliance with all requirements of SMCRA, 30 CFR Chapter VII, the State Program, and the permit. Such bond shall provide that if this Agreement is terminated under the provisions of 30 CFR 745.15, the portion of the bond covering the Federal lands shall be payable only to the United States.
</P>
<P>B. DEQ will have primary responsibility for the approval and release of performance bonds required for surface coal mining and reclamation operations on Federal lands. However, release of a performance bond on lands subject to an approved mining plan requires the concurrence of OSM as provided in 30 CFR 740.15(d)(3). Prior to such concurrence, OSM shall coordinate with other Federal agencies having the authority over the lands involved. DEQ shall annually advice OSM of adjustments to the performance bond.
</P>
<P>C. Performance bonds will be subject to forfeiture with the concurrence of OSM, in accordance with the procedures and requirements of the State Program. OSM may not withhold its concurrence unless DEQ's forfeiture decision is not in accordance with the requirements and procedures of the State program.
</P>
<P>D. Submission of a performance bond does not satisfy the requirements for either a Federal lease bond required by 43 CFR part 3474 or a lessee protection bond which is required in certain circumstances by section 715 of SMCRA.
</P>
<HD1>Article X: Designating Land Areas Unsuitable for All or Certain Types of Surface Coal Mining and Reclamation Operations and Activities, and Valid Existing Rights and Compatibility Determinations
</HD1>
<HD2>A. Unsuitability Petitions
</HD2>
<P>1. Authority to designate or terminate the designation of areas of Federal lands as unsuitable for mining is reserved to the Secretary. Unsuitability petitions shall be filed with OSM and would be processed in accordance with 30 CFR 769.
</P>
<P>2. When either DEQ or OSM receives a petition that could impact adjacent Federal or non-Federal lands pursuant to section 522(c) of SMCRA, the agency receiving the petition will notify the other of receipt of the petition and the anticipated schedule for reaching a decision. OSM shall coordinate with and solicit comments from the applicable Federal land management agency. OSM and DEQ shall fully consider data, information, and recommendations of all agencies.
</P>
<HD2>B. Valid Existing Rights (VER) and Compatibility Determinations
</HD2>
<P>The following actions will be taken when requests for determinations of VER pursuant to section 522(e) of SMCRA, or for determinations of compatibility pursuant to section 522(e)(2) of SMCRA are received:
</P>
<P>1. For Federal lands within the boundaries of any areas specified under section 522(e)(1) of SMCRA, the Secretary will make the VER determination. If surface coal mining and reclamation operations would be conducted on both Federal and non-Federal lands within such areas, the Secretary will make the VER determination for the Federal lands and DEQ will make the VER determination for State and private lands.
</P>
<P>2. For Federal lands within the boundaries of any national forest where proposed surface coal mining and reclamation operations are prohibited or limited by section 522(e)(2) of SMCRA and 30 CFR 761.11(b), the Secretary will make VER determinations. OSM will process requests for determinations of compatibility under section 522(e)(2) of SMCRA and part 30 CFR 761.12(c).
</P>
<P>3. Where a VER determination is requested for Federal lands protected under section 522(e)(3), DEQ will make the VER determination. DEQ will determine, in consultation with the State Historic Preservation Officer, whether any proposed operation will adversely affect any publicly-owned park or historic place listed on the National Register of Historic Sites (NRHS).
</P>
<P>Surface coal mining and reclamation operations of Federal lands protected under section 522(e)(3) of SMCRA may be permitted if approved jointly by DEQ, and the Federal, State, or local agency with jurisdiction over the park or historic place. DEQ will coordinate with any agency with jurisdiction over the publicly-owned park or historic place to develop mutually acceptable terms and conditions for incorporation into the permit in order to mitigate environmental impacts.
</P>
<P>4. DEQ will process determinations of VER on Federal lands for all areas limited or prohibited by section 522(e)(4) and (5) of SMCRA as unsuitable for mining. 
</P>
<P>5. For operations on Federal lands, whenever DEQ is responsible for making the VER determinations, DEQ will consult with OSM and any affected agency.
</P>
<HD1>Article XI: Termination of the Agreement
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XII: Reinstatement of the Agreement
</HD1>
<P>If this Agreement has been terminated in whole or part, it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XIII: Amendments of the Agreement
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIV: Changes in State or Federal Standards
</HD1>
<P>A. The Secretary or the State may, from time to time, revise and promulgate new or revised performance or reclamation requirements or enforcement and administrative procedures. Each party shall, if it is determined to be necessary to keep this Agreement in force, change or revise its respective laws or regulations or request necessary legislative action. Such changes will be made under the procedures of 30 CFR part 732 for changes to the State Program and under the procedures of section 501 of SMCRA for changes to the Federal lands program.
</P>
<P>B. DEQ and OSM shall provide each other with copies of any changes to their respective laws, rules, regulations, and standards pertaining to the enforcement and administration of this Agreement.
</P>
<HD1>Article XV: Changes in Personnel and Organization
</HD1>
<P>A. DEQ and OSM shall, consistent with 30 CFR part 745, advise each other of changes in the organization, structure, functions, duties and funds of the offices, departments, divisions, and persons within their organizations which could affect administration and enforcement of this Agreement. Each shall promptly advise the other in writing of changes in key personnel, including the head of a department or division, or changes in the functions or duties of the principal offices of the program. DEQ and OSM shall advise each other in writing of changes in the location of their respective offices, addresses, telephone numbers, as well as changes in the names, addresses, and telephone numbers of their respective personnel.
</P>
<P>B. Should the State Act be amended to transfer administration of the State Act to another agency, all references to DEQ in this Agreement shall be deemed to apply to the successor regulatory agency as of the date of the transfer. The provisions in this Agreement shall thereafter apply to that agency.
</P>
<HD1>Article XVI: Reservation of Rights
</HD1>
<P>In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under laws other than the Act and the State Program, including, but not limited to those listed in appendix A.
</P>
<P>Approved:
</P>
<P>Dated: May 8, 1998.
</P>
<FRP>Marc Racicot,
</FRP>
<FRP><I>Governor of Montana.</I>
</FRP>
<P>Dated: July 7, 1998.
</P>
<FRP>Bruce Babbitt,
</FRP>
<FRP><I>Secretary of the Interior.</I>
</FRP>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations, including 43 CFR part 3480.
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500.
</P>
<P>4. The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402.
</P>
<P>5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800.
</P>
<P>6. Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 <I>et seq.</I>
</P>
<P>7. The American Indian Religious Freedom Act, 42 U.S.C. 1986 <I>et seq.</I>
</P>
<P>8. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa <I>et seq.</I>
</P>
<P>9. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations.
</P>
<P>10. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations.
</P>
<P>11. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations.
</P>
<P>12. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I>
</P>
<P>13. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands.
</P>
<P>14. Executive Order 11988 (May 24, 1977), for flood plain protection.
</P>
<P>15. Executive Order 11990 (May 24, 1977), for wetlands protection.
</P>
<P>16. Executive Order 12898 (February 11, 1994) for Federal Actions to Address Environmental Justice on Minority Populations and Low Income Populations.
</P>
<P>17. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations.
</P>
<P>18. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I>
</P>
<P>19. The Constitution of the United States.
</P>
<P>20. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 <I>et seq.</I>
</P>
<P>21. 30 CFR Chapter VII.
</P>
<P>22. The Constitution of the State of Montana.
</P>
<P>23. Montana Strip and Underground Mine Reclamation Act (MSUMRA), part 2, Chapter 4, Title 82, Montana Code Annotated.
</P>
<P>24. Title 26, Chapter 4, Subchapter 3, Administrative Rules of Montana.
</P>
<P>25. Montana Environmental Policy Act (MEPA).</P></EXTRACT>
<CITA TYPE="N">[63 FR 40794, July 30, 1998]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="931" NODE="30:3.0.1.18.101" TYPE="PART">
<HEAD>PART 931—NEW MEXICO
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>45 FR 86489, Dec. 31, 1980, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 931.1" NODE="30:3.0.1.18.101.0.1.1" TYPE="SECTION">
<HEAD>§ 931.1   Scope.</HEAD>
<P>This part contains all rules applicable only within New Mexico that have been adopted under the Surface Mining Control and Reclamation Act of 1977. 


</P>
</DIV8>


<DIV8 N="§ 931.10" NODE="30:3.0.1.18.101.0.1.2" TYPE="SECTION">
<HEAD>§ 931.10   State regulatory program approval.</HEAD>
<P>The New Mexico State Program as submitted on February 28, 1980, and amended and clarified on June 11, 1980, August 7, 1980, and September 10, 1980, was conditionally approved, effective December 31, 1980. Copies of the approved program together with copies of the letter of the New Mexico Energy and Minerals Department, Division of Mining and Minerals, agreeing to the conditions in 30 CFR 931.11 are available at:
</P>
<P>(a) Mining and Minerals Division, Energy, Minerals and Natural Resources Department, 2040 South Pacheco Street, Santa Fe, NM 87505.
</P>
<P>(b) Albuquerque Field Office, Office of Surface Mining Reclamation and Enforcement, 505 Marquette NW., suite 1200, Albuquerque, NM 87102.
</P>
<CITA TYPE="N">[47 FR 47380, Oct. 26, 1982, as amended at 55 FR 17607, Apr. 26, 1990; 59 FR 17933, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 931.11" NODE="30:3.0.1.18.101.0.1.3" TYPE="SECTION">
<HEAD>§ 931.11   Conditions of the State program approval.</HEAD>
<P>The approval of the State program is subject to the following conditions: 
</P>
<P>(a)-(j) [Reserved] 
</P>
<CITA TYPE="N">[45 FR 86489, Dec. 31, 1980, as amended at 47 FR 23153, 23155, May 27, 1982; 47 FR 47380, Oct. 26, 1982; 48 FR 28088, June 20, 1983; 49 FR 30691, Aug. 1, 1984; 71 FR 69195, Nov. 30, 2006]


</CITA>
</DIV8>


<DIV8 N="§ 931.13" NODE="30:3.0.1.18.101.0.1.4" TYPE="SECTION">
<HEAD>§ 931.13   Preemption of New Mexico laws and regulations.</HEAD>
<P>Under the authority of sections 505(b) of SMCRA, 30 U.S.C. 1255(b), and in accordance with the position taken by the State of New Mexico, the following provisions of New Mexico law and regulation are hereby preempted and superseded as they may apply to coal exploration and surface coal mining and reclamation operations:
</P>
<EXTRACT>
<P>The State Wildlife Conservation Act (17-2-37 to 17-2-46 NMSA 1978) to the extent it is inconsistent with provisions of SMCRA related to the Endangered Species Act of 1973 (16 USC 1531 <I>et seq.</I>).</P></EXTRACT>
</DIV8>


<DIV8 N="§ 931.15" NODE="30:3.0.1.18.101.0.1.5" TYPE="SECTION">
<HEAD>§ 931.15   Approval of New Mexico regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 28, 1982</TD><TD align="left" class="gpotbl_cell">May 27, 1982</TD><TD align="left" class="gpotbl_cell">Procedures for Posting and Publishing Notices of Show Cause Orders. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 9, 1982</TD><TD align="left" class="gpotbl_cell">October 26, 1982</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-19-15(d), 80-1-20-71(i), 20-102(a); 80-1-29-12(b), definition of “Unconsolidated Stream-laid Deposits Holding Streams”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 8, 1984</TD><TD align="left" class="gpotbl_cell">August 1, 1984</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-14-23(a), (b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 6, 1984</TD><TD align="left" class="gpotbl_cell">January 4, 1985</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-1-5 definition of roads; 80-1-20-150, 151.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 20, 1984, July 18, 1984</TD><TD align="left" class="gpotbl_cell">January 31, 1985</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-1-11; 80-1-11-30; 80-1-20-103.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 12, 1987</TD><TD align="left" class="gpotbl_cell">February 11, 1988</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-30-12(c) through (l).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 1, 1988</TD><TD align="left" class="gpotbl_cell">January 30, 1989</TD><TD align="left" class="gpotbl_cell">CSMC 80-2-22-29(p).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 17, 1987</TD><TD align="left" class="gpotbl_cell">March 9, 1989</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-5-25, -26; 80-1-8-11; 80-1-9-18; 80-1-11-27, 80-1-20-89, -102, -103, -106, -181; 80-1-29-11; 80-1-33 Training, Examination, and Certification of Blasters.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 18, 1988, October 20, 1988</TD><TD align="left" class="gpotbl_cell">March 17, 1989</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-20-71(b), -81, -83(b), -85, -92(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 21, 1989, August 17, 1989</TD><TD align="left" class="gpotbl_cell">December 26, 1989</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-20-41(d)(1), -42(a)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 29, 1989, April 26, 1989</TD><TD align="left" class="gpotbl_cell">April 26, 1990</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-20-83(b), -89(d)(2), -103(a)(1); 80-1-29-11(a); 80-1-33-11, -14, -15(e)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 25, 1989</TD><TD align="left" class="gpotbl_cell">November 23, 1990</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-1-5, definitions of “affected area,” “self-bond”; 80-1-8-20; 80-1-9-16; 80-1-14-23(d)(2),-40(a)(2); 80-1-20-97(b), (c); 80-1-31-21 through -24; July 12, 1990 Policy Statement.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 22, 1989</TD><TD align="left" class="gpotbl_cell">February 26, 1991</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-1-5, definition of “other treatment facilities;” 80-1-20-41(f), -46, (a), -49.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 24, 1990</TD><TD align="left" class="gpotbl_cell">June 21, 1991</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-20-42(a)(8), -133(c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 15, 1990</TD><TD align="left" class="gpotbl_cell">December 31, 1991</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-1-5, definitions of “cumulative impact area,” “previously mined area,” “excess spoil,” “impoundment,” “coal processing waste,” “coal processing waste bank;” 80-1-2-11(f), -12(b)(2); 80-1-4-15(b); 80-1-6-10, -11(b)(5), -12(b)(7), -13(d); 80-1-8-14(b)(1)(vi), -15(c), -16(b)(3), -24, -27(a); 80-1-9-13(f), -14(c), -21(b) through (d); 80-1-10-13, (a), (c), (e), -17(a)(1)(i), (6); 80-1-11-11(a)(3), -15(a), (b), -19(c), -27(e); 80-1-13-11(a), -12(c), (d), -18(c)(3), (d), (e); 80-1-20-11(f), -41(a), -43(a), -44(a), (c), -52(a), (b), -57(a)(1), (2), -61 through -68, -71(f), (j), (k), -82(a), -91(c), -97(d)(10), -102(a), (f), (g), -111(c), -112(c), (d); 80-1-24-11(c), -12(a)(1), -15(c)(2) through (6); 80-1-26-12(c); 80-1-29-16(a); 80-1-30-13(d); 80-1-31-17(b)(1), 18(b)(1); Policy Statement for Records and Retention.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 9, 1991</TD><TD align="left" class="gpotbl_cell">April 13, 1992</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-20-42(a)(4)(ii), (a)(8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 22, 1991</TD><TD align="left" class="gpotbl_cell">June 23, 1992</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-20-72(d), -83(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 16, 1991</TD><TD align="left" class="gpotbl_cell">December 17, 1993</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-1-5, definition of “owned or controlled and owns and controls;” 80-1-4-15(b)(2); 80-1-7-13(a) through (j); -14(a) through (d); 80-1-9-21(c), -25(b), (c), (e), -37(a) through (e), -39(b), -40; 80-1-11-17(c), (2), (3), (d), (e), -19(i), -20(a), (b)(1), (i), (iii), (2), (i), (ii), (3), (c), (1) through (4), -24(a), (b), (c), -29(d); 80-1-19-15(c)(2), (3), (4), -17(a), (b); 80-1-20-91(c), -93(a), (c), (d), (e), -116(a), (b)(1), (3), (6), (7), (d) through (d)(3), -117(a) through (d), (1), (2), (3)(i), -121(a), -124, -150(a)(2)(i), (iii), (b)(9), (c), (e)(1), (g)(5), (6), (7), -151(a), (b)(2), (c)(1), (6); 80-1-30-11(b), (l); NMSA 69-25A-31.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 26, 1994</TD><TD align="left" class="gpotbl_cell">February 15, 1995</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-34-1 through 10. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 22, 1996</TD><TD align="left" class="gpotbl_cell">May 29, 1996</TD><TD align="left" class="gpotbl_cell">CSMC 80-1-1-5 definitions of “Applicant/violator system” or “AVS,” “Federal violation notice,” “Ownership or control link,” “State violation notice,” and “Violation notice;” “Drinking, domestic, or residential water supply,” “Material damage,” “Noncommercial building,” “Occupied residential dwelling and associated structures,” “Replacement of water supply;” “OSM,” “Qualified Laboratory,” “Road,” “SMCRA;” 80-1-4-15(b)(1); 80-1-7-14(c) (1) through (5); 80-1-9-25(a)(2), (3), (c), -39(a) (1) through (6), (b), (c)(1) through (9); 80-1-11-17(c), (d), -19(i), -20(b)(1), (ii), (3), (c)(1), (2), (d), (e), -24(a), -29(d), -31(a) through (d), -32(a) through (c), -33 (a) through (d), -34(a) through (d); 80-1-19-15(c)(2), (3), (iii), (4); 80-1-20-41(e)(3)(i), -49(d), (e)(1) through (11), (f)(2), (g)(4), (5), -82(a)(4), -89(d)(2), -93(a)(1), -97(b), (c), -116(b)(1), (5), (6), -117, (c)(1), (3), (4), (d)(2), (3)(i), -124(a) through (d), -125(a) through (e), -127, -150(c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 6, 1998</TD><TD align="left" class="gpotbl_cell">June 8, 1998</TD><TD align="left" class="gpotbl_cell">19 NMAC 8.2, Subparts 1 through 34 (recodification).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 11, 1996</TD><TD align="left" class="gpotbl_cell">April 10, 2000</TD><TD align="left" class="gpotbl_cell">19 NMAC 8.2 813.K (1) through (3); 813.L; 1106.C; 1412.A(2) (i) through (vii); 2054.A (1), (2), (3), and (5); 2055.C(1); 2076.B; and 2077.A. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 13, 1998</TD><TD align="left" class="gpotbl_cell">September 11, 2000</TD><TD align="left" class="gpotbl_cell">19 NMAC 8.2 107.M(1); 107.O(2); 1107; 909.E(5); 918.D; 2017.D, F(2), G(4), and G(5); 2065.B(5)(iv); and 2071.A through D.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 1, 1999</TD><TD align="left" class="gpotbl_cell">November 2, 2000</TD><TD align="left" class="gpotbl_cell">19 NMAC 8.2 107.I(8); 107.A(20); 507.A(1); 2064; 2065.A; 2065.B(1), (2), (3), and (5)(iii); and the Coal Mine Reclamation Program Vegetation Standards guidance document.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 22, 2000</TD><TD align="left" class="gpotbl_cell">January 18, 2001</TD><TD align="left" class="gpotbl_cell">19 NMAC Parts 1 through 34 (recodification)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 28, 2001</TD><TD align="left" class="gpotbl_cell">July 15, 2002</TD><TD align="left" class="gpotbl_cell">19.8.1.7.F(5); 19.8.1.7N(2); 19.8.1.7.O(5); 19.8.1.7.P(12); 19.8.1.7.Q(1); 19.8.2.201; 19.8.2.202.A through H; 19.8.2.203; 19.8.3.300.C; 19.8.6.602.A and 603; 19.8.7.704.C; 19.8.8.801.B; 19.8.8.802.A; 19.8.9.912.A and B; 19.8.11.1106.D; 19.8.13.1307; 19.8.14.1412.A; 19.8.14.1415.A; 19.8.19.1900.A, C and C(2); 19.8.20.2009.E and E(5); 19.8.20.2057.A; 19.8.20.2058.A; 19.8.24.2400.C; 19.8.29.2900.G and H; 19.8.31.3107.A; 19.8.32.3200.B; 19.8.32.3203.A and B; 19.8.32.3206.A; and 19.8.35.7 through 14 NMAC.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 27, 2003</TD><TD align="left" class="gpotbl_cell">April 13, 2004</TD><TD align="left" class="gpotbl_cell">19.8.1.7.P(8) and (9); 19.8.1.7.T(2); 19.8.5.506.A, B, D, E, F, and G; 19.8.12.1200.A; 19.8.13.1300.B; 19.8.13.1301.A(1), B, C, and E(1) and E(2); 19.8.20.2073 (C), (D), (E), and (F) NMAC
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 18, 2005, as revised on March 27, 2006</TD><TD align="left" class="gpotbl_cell">October 19, 2006</TD><TD align="left" class="gpotbl_cell">NMSA, sections 69-25A-18.A, B, C, D and F, concerning the decisions of the Director and appeals; NMSA, sections 69-25A-29.A, B, C, D, and F, concerning the administrative review of a notice or order by the Director; NMSA, sections 69-25A-29.G, concerning deletion of statutes allowing for review by the Commission of decisions of the Director; NMSA, section 69-25A-30.A, concerning judicial review of final decisions by the Director; NMSA, sections 69-25A-36, concerning termination of agency life; NMAC, sections 19.8.11.1100.A(3), D, and D(2), concerning public notices of filing of permit applications; NMAC, section 19.8.11.1101.C, concerning opportunity for submission of written comments on permit applications; NMAC, sections 19.8.11.1102.A and B(2), concerning the right to file written objections; NMAC, sections 19.8.11.1103.A(3), B, B(1), D, E(1), and F, concerning hearings and conferences; NMAC, section 19.8.11.1104.B, concerning public availability of information in permit applications on file with the Director; NMAC, sections 19.8.11.1105.C(2), D, E, and F, concerning review of permit applications; NMAC, sections 19.8.11.1106.C, D(3), F, G(1) and (2), and N, concerning criteria for permit approval or denial; NMAC, sections 19.8.11.1107.A, B, B(1), B(1)(b), B(3), C, D, E, and F, concerning general procedures for improvidently issued permits; NMAC, section 19.8.11.1108.B, concerning existing structures and criteria for permit approval or denial; NMAC, sections 19.8.11.1109.A(4), B, B(1) and (2), B(2)(b), B(3), and D, concerning permit approval or denial actions; NMAC, section 19.8.11.1110.A(1), concerning the rescission process for improvidently issued permits; NMAC, section 19.8.11.1111.B, concerning permit terms; NMAC, section 19.8.11.1113.C(2), concerning conditions of permit for environment, public health and safety; NMAC, section 19.8.11.1114, concerning conformance of permit; NMAC, sections 19.8.11.1115.A, B, and C, concerning verification of ownership or control application information; NMAC, sections 19.8.11.1116.B and B(2)(b), concerning review of ownership or control and violation information; NMAC, sections 19.8.11.1117.A, A(1), (2) and (3), B, C, D, D(1) and (2), and D(2)(a) and (b), concerning procedures for challenging ownership or control links shown in the applicant violator system; NMAC, sections 19.8.11.1118.B, B(1), (2) and (3), B(3)(1), C, C(1)(a) through (c), and C(2), concerning standards for challenging ownership or control links and the status of violations; NMAC, section 19.8.12.1201, deletion of rules allowing for review by the Commission of decisions of the Director; NMAC, sections 19.8.12.1202.A, concerning judicial review of final decisions by the Director; NMAC, sections 19.8.12.1202.B, concerning judicial review of decisions by the Commission; and NMAC, sections 19.8.12.1203.A through L, concerning formal review of notices of violations, cessation orders, and show cause orders.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 18, 2005</TD><TD align="left" class="gpotbl_cell">November 30, 2006</TD><TD align="left" class="gpotbl_cell">NMSA, sections 69-25A-29.F, concerning award of legal costs and expenses; and NMAC, sections 19.8.12.1204.A through G, concerning award of legal costs and expenses, including attorney fees.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 28, 2007</TD><TD align="left" class="gpotbl_cell">November 18, 2008</TD><TD align="left" class="gpotbl_cell">19 NMAC Parts 1 through 35 (recodification), 19.8.1.7.G(1); 19.8.11.1100.D(1); 19.8.11.1102.A; 19.8.11.1103.A; 19.8.11.1109.B and C; 19.8.13.1301.E(1) and E(2)(b); 19.8.13.1307.B(2); 19.8.14.1412.A(2)(f); 19.8.14.1412.F; 19.8.20.2065.A and B(1); 19.8.20.2068; 19.8.30.3000; 19.8.31.3108.B; 19.8.31.3110.B; 19.8.5.504.D; 19.8.7.701.F; 19.8.8.812.D; 19.8.11.1100.B(1), (2), (3), and (4), D(5), E(3), and F; 19.8.11.1103.B, E, and F; 19.8.13.1301.E(2)(a); 19.8.31.3106.B(3)(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 1, 2010</TD><TD align="left" class="gpotbl_cell">January 30, 2012.</TD><TD align="left" class="gpotbl_cell">19 NMAC 8.1.7.K; 8.1.7.O(8)(a) and (b); 8.1.7.W(2)(a) and (b); 8.7.701.C(3); 8.11.1105.E; 8.11.1105.F; 8.11.1114; 8.11.1119.A through H; 8.11.1120.A through C; 8.11.1121.A through D; 8.20.2010.A(2)(a) and (b) (deletion); 8.30.3000.L; 8.30.3003.D; 8.30.3004.D; 8.31.3103.A; 8.31.3109.A; 8.31.3109.A(1) through (3) (deletion); 8.31.3113.A, B, and C; 8.34.3402.F(1) and (2); 8.34.3408.C(2) and (3); and 8.35.13.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9947, Mar. 5, 1997, as amended at 63 FR 31113, June 8, 1998; 65 FR 18894, Apr. 10, 2000; 65 FR 54794, Sept. 11, 2000; 65 FR 65778, Nov. 2, 2000; 66 FR 4673, Jan. 18, 2001; 67 FR 46384, July 15, 2002; 69 FR 19325, Apr. 13, 2004; 71 FR 61685, Oct. 19, 2006; 71 FR 69195, Nov. 30, 2006; 73 FR 68345, Nov. 18, 2008; 77 FR 4466, Jan. 30, 2012]



</CITA>
</DIV8>


<DIV8 N="§ 931.16" NODE="30:3.0.1.18.101.0.1.6" TYPE="SECTION">
<HEAD>§ 931.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17, New Mexico is required to submit for OSM's approval the following proposed program amendments by the dates specified.
</P>
<P>(a)-(aa) [Reserved] 
</P>
<CITA TYPE="N">[55 FR 48841, Nov. 23, 1990, as amended at 56 FR 28486, June 21, 1991; 56 FR 67527, Dec. 31, 1991; 57 FR 12723, Apr. 13, 1992; 58 FR 65929, Dec. 17, 1993; 61 FR 26836, May 29, 1996; 65 FR 18894, Apr. 10, 2000; 65 FR 54795, Sept. 11, 2000; 65 FR 65779, Nov. 2, 2000; 67 FR 46385, July 15, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 931.20" NODE="30:3.0.1.18.101.0.1.7" TYPE="SECTION">
<HEAD>§ 931.20   Approval of the New Mexico abandoned mine reclamation plan.</HEAD>
<P>The New Mexico Abandoned Mine Reclamation Plan as submitted on September 29, 1980, and amended February 4, 1981, is approved. Copies of the approved program are available at the following locations:
</P>
<P>(a) Albuquerque Field Office, Office of Surface Mining Reclamation and Enforcement, 505 Marquette NW., suite 1200, Albuquerque, NM 87102.
</P>
<P>(b) Mining and Minerals Division, Energy, Minerals and Natural Resources Department, 2040 South Pacheco Street, Santa Fe, NM 87505.
</P>
<CITA TYPE="N">[59 FR 17933, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 931.25" NODE="30:3.0.1.18.101.0.1.8" TYPE="SECTION">
<HEAD>§ 931.25   Approval of New Mexico abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 24, 1995</TD><TD align="left" class="gpotbl_cell">July 24, 1996</TD><TD align="left" class="gpotbl_cell">Plan §§ 874.16, 875.16, .20, 886.23(c); NMSA 69-25B-3.A, C, D, -4, -6.B, -7, -8.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9948, Mar. 5, 1997]



</CITA>
</DIV8>


<DIV8 N="§ 931.26" NODE="30:3.0.1.18.101.0.1.9" TYPE="SECTION">
<HEAD>§ 931.26   Required plan amendments.</HEAD>
<P>Pursuant to 30 CFR 884.15, New Mexico is required to submit for OSM's approval the following proposed plan amendments by the date specified.
</P>
<P>(a) By January 21, 1997, New Mexico shall revise NMSA 69-25B-2 and 3.B to provide references to August 3, 1977, the effective date of SMCRA, or otherwise modify its plan, to ensure that the reclamation of post-August 3, 1977, sites is specifically provided for with counterpart provisions to sections 402(g)(4) and 403(b)(2).
</P>
<P>(b) By January 21, 1997, New Mexico shall further revise NMSA 69-25B-3.B to provide a definition for “eligible lands and water” that is consistent with the term as defined at section 404 of SMCRA.
</P>
<P>(c) By January 21, 1997, New Mexico shall revise NMSA 69-25B-6.A, or otherwise modify its plan, to reflect the same expenditure priorities as counterpart section 403(a) of SMCRA.
</P>
<P>(d) By January 21, 1997, New Mexico shall revise NMSA 69-25B-6.A by deleting NMSA 69-25B-6.A(4) and item No. I (d) of the “Ranking and Selection” section of its plan.
</P>
<P>(e) By January 21, 1997, New Mexico shall revise NMSA 69-25B-6.C by reinserting the word “coal.” 
</P>
<CITA TYPE="N">[61 FR 38381, July 24, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 931.30" NODE="30:3.0.1.18.101.0.1.10" TYPE="SECTION">
<HEAD>§ 931.30   State-Federal cooperative agreement.</HEAD>
<P>The State of New Mexico (State) acting through the Governor and the Department of the Interior (Department) acting through the Secretary enter into a Cooperative Agreement (Agreement) to read as follows:
</P>
<EXTRACT>
<HD1>Article I: Introduction and Purpose
</HD1>
<P>1. This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (Federal Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved under 30 U.S.C. 1253 to elect to enter into an agreement with the Secretary for the regulation and control of surface coal mining and reclamation operations on Federal lands and by section 69-25A-27 NMSA 1978 of the Surface Mining Act (State Act).
</P>
<P>The Agreement provides for State regulation of surface coal mining and reclamation operations on Federal lands within the State consistent with the State and Federal Acts, the State program (Program) (30 CFR part 931) and the Federal Lands Program (30 CFR parts 740-745). The term “Federal lands” is defined in the Federal Act and State and Federal regulations.
</P>
<P>2. The purpose of this Agreement is to (a) foster State-Federal cooperation in the regulation of surface coal mining and reclamation operations; (b) eliminate intergovernmental overlap and duplication; and (c) provide uniformity by effective application of the State program to Federal lands in New Mexico.
</P>
<HD1>Article II: Effective Date
</HD1>
<P>3. This Cooperative Agreement is effective following signing by the Secretary and the Governor, and upon publication as a final rule in the <E T="04">Federal Register.</E> This Agreement shall remain in effect until terminated as provided in Article XII.
</P>
<HD1>Article III: Scope
</HD1>
<P>4. This Agreement makes the laws, regulations, terms and conditions of the Program conditionally approved effective December 31, 1980 (30 CFR part 931), or as hereinafter amended in accordance with 30 CFR 732.17, applicable to Federal lands within the State except as otherwise stated in this Agreement, the Federal Act, 30 CFR part 745 or other applicable Federal laws. Orders and decisions issued in accordance with the Program by the Mining and Minerals Division (Mining and Minerals) of the New Mexico Energy and Minerals Department that are appealable shall be appealed to the State reviewing authority. Orders and decisions issued by the Department that are appealable shall be appealed to the Department of the Interior's Office of Hearings and Appeals.
</P>
<HD1>Article IV: Responsibilities
</HD1>
<P>5. Mining and Minerals is and shall continue to be the sole agency responsible for administering this cooperative agreement on behalf of the Governor on Federal lands throughout the State. Mining and Minerals has and shall continue to have authority under State law to carry out this Agreement. The Office of Surface Mining (OSM) of the Department of the Interior shall administer this Agreement of behalf of the Secretary in accordance with the regulations in 30 CFR Chapter VII.
</P>
<P>6. To eliminate duplication and overlap, the State will assume the primary responsibility for the review and analysis of permit applications and applications for permit revisions or renewals, subject to legal restrictions, including those limitations in 30 U.S.C. 1272(b) and 1273 and in 42 U.S.C. 4321-4335. The State shall have the necessary personnel to fully implement this Agreement in accordance with the provisions of the Federal Act and the Program.
</P>
<HD1>Article V: Funding
</HD1>
<P>7. The State will devote adequate funds to the administration and enforcement of this Agreement of Federal lands within the State. If this Agreement has been carried out, and subject to appropriations, the Department shall provide the State with funds to defray the costs associated with carrying out responsibilities under this Agreement, as provided in 30 U.S.C. 1295(c) and 30 CFR 735.16. Reimbursement shall be in the form of annual grants, and applications for said grants shall be processed and awarded in a timely and prompt manner.
</P>
<P>If sufficient funds have not been appropriated to OSM, OSM and Mining and Minerals shall promptly meet to decide on appropriate measures that will insure that mining operations are regulated in accordance with the Program.
</P>
<P>Funds provided to the State shall be adjusted in accordance with Office of Management and Budget (OMB) Circular A-102, Attachment E.
</P>
<HD1>Article VI: Reports, Fees and Equipment
</HD1>
<P>8. Mining and Minerals shall make annual reports to OSM containing information respecting its compliance with the terms of this Agreement pursuant to 30 CFR 745.12(c). The State and OSM shall exchange, upon request, except where prohibited by Federal law, information developed under this Agreement. OSM shall provide Mining and Minerals with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement.
</P>
<P>9. The amount of the fee accompanying an application for a permit shall be determined in accordance with New Mexico Coal Surface Mining Commission Rule 80-1, part 5-25. All permit fees shall be retained by the State and deposited with the State Treasurer in the Oil and Gas Conservation Fund. The Financial Status Report submitted pursuant to 30 CFR 735.26 shall include a report of the amount of fees collected during the prior State fiscal year.
</P>
<P>10. Mining and Minerals will assure itself access to equipment, laboratories and facilities with which all inspections, investigations, studies, tests and analyses can be performed, and which are necessary to carry out the requirements of this Agreement.
</P>
<HD1>Article VII: Permit Application Package
</HD1>
<P>11. Mining and Minerals and OSM shall require an operator on Federal lands to submit a permit application package or an application for a permit revision or renewal in an appropriate number of copies to Mining and Minerals. Any documentation or information submitted by the operator for the sole purpose of complying with the 3-year requirement of section 7(c) of the Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> will be forwarded to the Minerals Management Service (MMS). If such documentation is submitted as part of a permit application package, a copy of the entire package will be forwarded to MMS.
</P>
<P>The permit application package or application for a permit revision or renewal shall be in the form required by Mining and Minerals, shall satisfy the requirements of 30 CFR 741.12(b) and 30 CFR 741.13, and shall include the information required by, or necessary for, Mining and Minerals and the Secretary to make a determination of compliance with:
</P>
<P>(a) Section 69-25A-1, <I>et seq.,</I> NMSA 1978;
</P>
<P>(b) New Mexico Coal Surface Mining Commission Rule 80-1;
</P>
<P>(c) Applicable terms and conditions of the Federal coal lease;
</P>
<P>(d) Applicable requirements of the 30 CFR part 211 regulations pertaining to the Mineral Leasing Act requirements; and
</P>
<P>(e) Applicable requirements of the approved Program and other Federal laws including, but not limited to, those identified in 30 CFR Chapter VII, Subchapter D and appendix A of this Agreement.
</P>
<P>12. Mining and Minerals shall assume the primary authority pursuant to sections 510(a) and 523(c) of the Federal Act for the analysis, review, and approval of the permit application or application for a permit revision or renewal according to the standards of the Program. OSM shall assist Mining and Minerals in the analysis of the permit application or application for a permit revision or renewal according to the procedures set forth in appendix B. The Department shall concurrently carry out its responsibilities under the Mineral Leasing Act, as amended (MLA), the National Environmental Policy Act (NEPA), and other public laws (including but not limited to those in appendix A) that cannot, under the Federal Act, be delegated to the State. The Department shall carry out these responsibilities according to the procedures set forth in appendix B so as to avoid, to the maximum extent possible, duplication of the responsibilities of the State set forth in this Agreement and the State Program. The Secretary will consider the information in the permit application package and, where appropriate, make the decisions required by the Federal Act, MLA, NEPA and other public laws listed above.
</P>
<P>13. Mining and Minerals shall be the primary point of contact with the operator. The Department will independently initiate contacts with the applicant regarding permit application packages or applications for a permit revision or renewal only where necessary to carry out its statutory responsibilities. When such action may generate correspondence with the applicant, a copy of all correspondence with the applicant that may have a bearing on decisions regarding the mining operation shall be sent to Mining and Minerals.
</P>
<P>14. Mining and Minerals shall maintain a file of all original correspondence with the applicant and any information received from the applicant which may have a bearing on decisions regarding the permit application package or application for a permit revision or renewal. At the request of the Secretary or his designated agents, Mining and Minerals shall make available the Mining and Minerals files and send copies of such correspondence and information when requested to do so.
</P>
<P>15. To the fullest extent allowed by State and Federal law, OSM and Mining and Minerals shall cooperate so that duplication will be eliminated in conducting the review and analysis of the permit application package or application for a permit revision or renewal.
</P>
<P>16. Mining and Minerals will review the permit application or application for a permit revision or renewal under sections 11-11 through 11-29 of the New Mexico Coal Surface Mining Commission Rule 80-1.
</P>
<HD1>Article VIII: Inspections
</HD1>
<P>17. Mining and Minerals shall conduct inspections on Federal lands and prepare and file inspection reports in accordance with its Program.
</P>
<P>18. Mining and Minerals shall, subsequent to conducting any inspection on Federal lands, file with OSM on a timely basis, an inspection report adequately describing (1) the general conditions of the lands; (2) the manner in which the operations are being conducted; and (3) whether the operator is complying with applicable performance and reclamation requirements.
</P>
<P>19. Mining and Minerals will be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by this Agreement, except as described hereinafter. Nothing in this Agreement shall prevent inspections by authorized Federal agencies for purposes other than those covered by this Agreement.
</P>
<P>20. The Department may conduct any inspections necessary to comply with 30 CFR parts 842 and 743.
</P>
<P>21. Except as provided below, the Secretary shall give Mining and Minerals reasonable notice of his intent to conduct an inspection in order to provide State inspectors an opportunity to join in the inspection. The Secretary reserves the right to conduct inspections without prior notice to Mining and Minerals to carry out his responsibilities under the Federal Act.
</P>
<HD1>Article IX: Enforcement
</HD1>
<P>22. Mining and Minerals shall be the primary enforcement authority under the Federal Act concerning compliance with the requirements of this Agreement and the Program. Enforcement authority of the Secretary under other laws and orders including, but not limited to, those listed in appendix A is reserved to the Secretary.
</P>
<P>23. During any joint inspection by OSM and Mining and Minerals, Mining and Minerals shall have primary responsibility for enforcement procedures, including issuance of orders of cessation, notices of violation and assessment of penalties. OSM and Mining and Minerals shall consult prior to issuance of any decision to suspend or revoke a permit.
</P>
<P>24. Mining and Minerals and OSM shall promptly notify each other of all violations of applicable laws, regulations, orders, approved mining plans and permits subject to this Agreement and of all actions taken with respect to such violations.
</P>
<P>25. During any inspection made solely by OSM or any joint inspection where Mining and Minerals and OSM fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to comply with 30 CFR parts 843 and 845.
</P>
<P>Such enforcement action shall be based on the performance standards included in the regulations of the Program, and the procedures and penalty system contained in 30 CFR parts 843 and 845. This Agreement does not limit the Department's authority to enforce violations of standards and requirements of Federal laws other than the Federal Act.
</P>
<P>26. Personnel of the State and the Department shall be mutually available to serve as witnesses in enforcement actions taken by either party.
</P>
<HD1>Article X: Bonds
</HD1>
<P>27. For all surface coal mines on Federal lands, Mining and Minerals and the Secretary shall require all operators to submit a single performance bond to cover the operator's responsibilities under the Federal Act and the Program, payable to the State, and if required by Federal regulations in Subchapter D, the United States. The performance bond shall be of sufficient amount to comply with the requirements of both State and Federal law and release of the bond shall be conditioned upon compliance with all applicable State and Federal requirements. If the cooperative agreement is terminated, the bonds will revert to being payable only to the United States to the extent that Federal lands are involved. Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43 CFR 3474 or a lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of the Federal Act.
</P>
<P>28. Prior to releasing the operator from an obligation under the performance bond required by the Program for any Federal lands, Mining and Minerals shall obtain the consent of OSM. Mining and Minerals shall also advise OSM of adjustments to the performance bond.
</P>
<P>29. The operator's performance bond shall be subject to forfeiture with the consent of the Department, in accordance with the procedures and requirements of the Program.
</P>
<HD1>Article XI: Designating Land Areas Unsuitable for All or Certain Types of Surface Coal Mining
</HD1>
<P>30. Mining and Minerals and the Director shall cooperate with each other in the review and processing of petitions to designate lands as unsuitable for surface coal mining operations. When either agency receives a petition that could impact adjacent Federal or non-Federal lands, the agency receiving the petition shall (1) notify the other of receipt and of the anticipated scheduled for reaching a decision; and (2) request and fully consider data, information and the views of the other.
</P>
<P>The authority to designate State and private lands as unsuitable for mining is reserved to the State. The authority to designate Federal lands as unsuitable for mining is reserved to the Secretary or his designated representative.
</P>
<HD1>Article XII: Termination of Cooperative Agreement
</HD1>
<P>31. This Agreement may be terminated by the State or the Department under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XIII: Reinstatement of Cooperative Agreement
</HD1>
<P>32. If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XIV: Amendments of Cooperative Agreement
</HD1>
<P>33. This Agreement may be amended by mutual agreement of the State and the Department. An amendment proposed by one party shall be submitted to the other with a statement of the reasons for such proposed amendment. The amendment shall be adopted after Federal rulemaking in accordance with 30 CFR 745.11. The party to whom the proposed amendment is submitted shall signify its acceptance or rejection of the proposed amendment, and if rejected shall state the reasons for rejection.
</P>
<HD1>Article XV: Changes in State or Federal Standards
</HD1>
<P>34. The Department or the State may from time to time promulgate new or revised performance or reclamation requirements or enforcement and administration procedures. Each party shall, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations and request necessary legislative action. Such changes shall be made under the procedures of 30 CFR part 732 for changes to the State Program, and under the procedures of section 501 of the Federal Act for changes to the Federal Lands Program.
</P>
<P>35. The State and the Department shall provide each other with copies of any changes to their respective laws, rules, regulations and standards pertaining to the enforcement and administration of this Agreement.
</P>
<HD1>Article XVI: Changes in Personnel and Organization
</HD1>
<P>36. The State and the Department shall, consistent with 30 CFR 745.12, advise each other of changes in the organization, structure, functions, duties and funds of the offices, departments, divisions and persons within their organizations. Each shall promptly advise the other in writing of changes in key personnel, including the head of a department or division, or changes in the functions or duties of persons occupying the principal offices within the structure of the Program. The State and the Department shall advise each other in writing of changes in the location of offices, addresses, telephone numbers and changes in the names, locations and telephone numbers of their respective mine inspectors and the area within the State for which such inspectors are responsible.
</P>
<HD1>Article XVII: Definitions
</HD1>
<P>37. Terms and phrases used in this Agreement which are defined in the Federal Act, 30 CFR 700, 701, and 740, and defined in the New Mexico Surface Mining Act (69-25A-1, <I>et seq.,</I> NMSA 1978) and the rules and regulations promulgated pursuant to that Act, shall be given the meanings set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the approved Program will apply, except in the case of a term which defines the Secretary's remaining responsibilities under the Federal Act and other laws.
</P>
<HD1>Article XVIII. Reservation of Rights
</HD1>
<P>38. In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under other laws or regulations, including but not limited to those listed in appendix A.
</P>
<P>Dated: December 7, 1982.
</P>
<FRP>Bruce King,
</FRP>
<FRP><I>Governor of New Mexico.</I>
</FRP>
<P>Dated: November 24, 1982.
</P>
<FRP>James G. Watt,
</FRP>
<FRP><I>Secretary of the Interior.</I>
</FRP>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701, <I>et seq.,</I> and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181, <I>et seq.,</I> and implementing regulations including 30 CFR part 211.
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321, <I>et seq.,</I> and implementing regulations including 40 CFR part 1500 <I>et seq.</I>
</P>
<P>4. The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations including 50 CFR part 402.
</P>
<P>5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations including 36 CFR part 800.
</P>
<P>6. The Clean Air Act, 42 U.S.C. 7401, <I>et seq.,</I> and implementing regulations.
</P>
<P>7. The Federal Water Pollution Control Act, 33 U.S.C. 1251, <I>et seq.,</I> and implementing regulations.
</P>
<P>8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations.
</P>
<P>9. The Reservoir Salvage Act of 1960, as amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I>
</P>
<P>10. Executive Order 11593, Cultural Resource Inventories on Federal Lands.
</P>
<P>11. Executive Order 11988 for Flood Plain Protection. Executive Order 11990 for Wetlands Protection.
</P>
<P>12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351, <I>et seq.,</I> and the implementing regulations.
</P>
<P>13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291, <I>et seq.</I>
</P>
<P>14. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa <I>et seq.</I>
</P>
<P>15. The Constitution of the United States.
</P>
<P>16. The Constitution of the State and State law.
</P>
<HD1>Appendix B—Procedure for Cooperative Review of Permit Application Packages and Applications for Permit Revisions or Renewals for Federal Coal Mines in New Mexico
</HD1>
<HD2>I: Point of Contact and Coordination During the Review of Permit Application Packages and Applications for Permit Revisions and Renewals 
</HD2>
<P>A. The New Mexico Mining and Minerals Division (Mining and Minerals) will:
</P>
<P>1. Be the point of contact and coordinate communications with the applicant on issues concerned with the development, review and approval of permit application packages or applications for permit revisions or renewals, except on issues concerned with the requirements of the Mineral Leasing Act of 1920 (MLA), 30 U.S.C. 181, <I>et seq.</I>, or National Environmental Policy Act (NEPA), 42 U.S.C. 4321 <I>et seq.</I>, and the requirements of other Federal laws not addressed in the applications.
</P>
<P>2. Communicate with the applicant on issues of concern to the appropriate Federal land management agency (FLMA) and immediately advise FLMA and OSM of such issues and communication. 
</P>
<P>3. Communicate with the applicant on issues of concern to the Office of Surface Mining (OSM), and immediately advise OSM of such issues and communications.
</P>
<P>4. Communicate with the applicant on issues of concern to the Minerals Management Service (MMS) and immediately advise MMS and OSM of such issues and communications as they pertain to the application.
</P>
<P>5. Communicate with the applicant on issues of concern to other agencies within the Department of the Interior, as appropriate, and immediately advise such agencies of such issues and communications.
</P>
<P>6. Provide OSM with a copy of each apparent completeness review upon completion.
</P>
<P>B. MMS will:
</P>
<P>1. Receive any documentation required by the 30 CFR part 211 regulations.
</P>
<P>2. Be the point of contact with the applicant on issues concerned exclusively with the 30 CFR part 211 regulations.
</P>
<P>3. Provide Mining and Minerals and OSM with copies of pertinent correspondence.
</P>
<P>C. OSM will: Be responsible for ensuring that any information OSM receives which has a bearing on decisions regarding the permit application package or application for a permit revision or renewal is sent promptly to Mining and Minerals.
</P>
<HD2>II: Receipt and Distribution of Permit Application Packages and Applications for Permit Revisions and Renewals
</HD2>
<P>A. Mining and Minerals will:
</P>
<P>1. Receive the permit application package, the application for a permit revision or renewal or the correspondence from the applicant and transmit an appropriate number of copies to FLMA, MMS, OSM and other agencies specified by the Secretary after the application has been filed. Such transmittal will include a request for a conference on the submissions, as needed.
</P>
<P>2. Identify an application manager responsible for coordinating the review and notify OSM, MMS and FLMA as necessary.
</P>
<P>3. Upon receipt of an application, meet with OSM to discuss the application and agree upon a schedule, and, when Mining and Minerals requests assistance, agree upon a work plan with OSM.
</P>
<P>B. OSM, MMS and FLMA will: Identify an application manager upon receipt of the application and notify Mining and Minerals of the identity of the application manager.
</P>
<HD1>III: Determination of Completeness
</HD1>
<P>Mining and Minerals will:
</P>
<P>1. Determine the completeness of a permit application package or application for a permit revision or renewal.
</P>
<P>2. Issue public notice of the availability of complete applications for the public to review in accordance with the public review procedure set forth in New Mexico Coal Surface Mining Commission Rule 80-1, part 11.
</P>
<HD1>IV: Determination of Preliminary Findings of Substantive Adequacy
</HD1>
<P>A. Mining and Minerals will:
</P>
<P>1. Consult with MMS, FLMA, OSM, and other Federal agencies specified by the Secretary to review the filed application for preliminary findings of substantive adequacy (henceforth “preliminary findings”) and to assess the need for additional data requirements in their respective areas of responsibility.
</P>
<P>2. Arrange meetings and field examinations with the interested parties as necessary to determine the preliminary findings.
</P>
<P>3. Advise the applicant of the preliminary findings upon the advice and consent of FLMA, MMS, OSM and other Federal agencies specified by the Secretary.
</P>
<P>4. Transmit the letter(s) informing the applicant of the preliminary findings, with copies to FLMA, OSM, MMS and other agencies specified by the Secretary.
</P>
<P>5. When requested, furnish the Director with copies of correspondence with the applicant and all information received from the applicant.
</P>
<P>B. OSM will:
</P>
<P>1. Review the permit application package or application for a permit revision or renewal for preliminary findings and, at the request of Mining and Minerals, provide technical assistance as possible.
</P>
<P>2. Furnish Mining and Minerals with preliminary findings within 45 calendar days of receipt of the permit application package or application for a permit revision or renewal and specify any requirements for additional data.
</P>
<P>3. No later than 30 days from notification of completeness, initiate NEPA compliance procedures and determine the need for an Environmental Assessment or an Environmental Impact Statement.
</P>
<P>4. Publish notices of NEPA documents as required by Federal law and regulations.
</P>
<P>5. Participate, as arranged, in meetings and field examinations.
</P>
<P>C. FLMA will:
</P>
<P>1. Review the permit application package or application for permit revision or renewal for preliminary findings as to whether the applicant's proposed postmining land use is consistent with FLMA's land use plan, and the adequacy of measures to protect Federal resources not covered by the rights granted by the Federal coal lease.
</P>
<P>2. Furnish Mining and Minerals with preliminary findings within 45 calendar days of receipt of the permit application package or application for a permit revision or renewal and specify any requirements for additional data.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<P>D. MMS will:
</P>
<P>1. Review the permit application package or application for a permit revision or renewal in regard to MLA requirements.
</P>
<P>2. Furnish Mining and Minerals with the preliminary findings within 45 calendar days of receipt of the permit application package or application for a permit revision or renewal and specify any requirements for additional data.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<P>E. Other agencies specified by the Secretary will:
</P>
<P>1. Review the permit application package or application for a permit revision or renewal for preliminary findings in regard to their responsibilities under law.
</P>
<P>2. Furnish Mining and Minerals with preliminary findings within 45 calendar days of receipt of the application and specify any requirements for additional data.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<HD1>V: Findings of Technical Adequacy and NEPA Compliance
</HD1>
<P>A. Mining and Minerals will:
</P>
<P>1. Develop and coordinate the technical review of permit application packages or applications for a permit revision or renewal. The review will include representatives of Mining and Minerals, MMS, FLMA, OSM and other Federal agencies specified by the Secretary as appropriate.
</P>
<P>2. Coordinate with OSM, for the purpose of eliminating duplication, and provide to OSM a complete technical analysis of the permit application or application for permit revision or renewal pursuant to the Federal Act and the Program that will serve as the technical base for an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) as may be required by NEPA for each permit application package or application for a permit revision or renewal.
</P>
<P>3. Coordinate with MMS, for the purpose of eliminating duplication, to conduct a technical analysis that will assist MMS in making findings as may be necessary to determine compliance with the MLA.
</P>
<P>4. Coordinate with FLMA, for the purpose of eliminating duplication, to conduct a technical analysis of issues regarding postmining land use and the adequacy of measures to protect Federal resources not covered by the rights granted by the Federal coal lease.
</P>
<P>5. Coordinate with other agencies specified by the Secretary, for the purpose of eliminating duplication, to conduct technical analyses of issues within their jurisdiction.
</P>
<P>B. OSM will: 
</P>
<P>1. At the request of Mining and Minerals, assist as possible in the review of the permit application package or application for a permit revision or renewal for technical adequacy in a timely manner as set forth by a schedule developed by Mining and Minerals in cooperation with OSM.
</P>
<P>2. Take the leadership role for the development of the EA and/or EIS.
</P>
<P>C. MMS will: 
</P>
<P>1. Review the permit application package or application for a permit revision or renewal for compliance with 30 CFR part 211.
</P>
<P>2. Furnish Mining and Minerals, through OSM, findings on compliance with 30 CFR part 211 in a timely manner as set forth by a schedule developed by Mining and Minerals in cooperation with MMS.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<P>D. FLMA will:
</P>
<P>1. Determine whether the permit application package or application for a permit revision or renewal provides for postmining land use consistent with FLMA's land use plan and determine the adequacy of measures to protect Federal resources not covered by the rights granted by the Federal coal lease.
</P>
<P>2. Furnish Mining and Minerals, through OSM, its determination on the technical adequacy in a timely manner as set forth by a schedule developed by Mining and Minerals in cooperation with FLMA.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<P>E. Other agencies specified by the Secretary will: 
</P>
<P>1. Review the permit application package or application for a permit revision or renewal in regard to their responsibilities under law.
</P>
<P>2. Furnish Mining and Minerals, through OSM, findings on compliance with other applicable Federal laws and regulations in a timely manner as set forth by a schedule developed in cooperation with Mining and Minerals.
</P>
<P>3. Participate, as arranged, in meetings and field examinations.
</P>
<HD1>VI: Preparation and Transmittal of the Decision Document
</HD1>
<P>A. Mining and Minerals will:
</P>
<P>1. Assist OSM in the preparation of the decision document for the permit application package or application for a permit revision or renewal, unless the work plan and schedule agreed upon provide otherwise. Mining and Minerals will provide OSM with:
</P>
<P>a. A recommendation on the proposal;
</P>
<P>b. A finding of compliance with the Program as approved by the Secretary and the regulations promulgated thereunder, which will consist of an analysis of critical issues raised during the course of the review and the resolution of those issues; and 
</P>
<P>c. All other specific written findings required under section 69-25A-14, NMSA 1978.
</P>
<P>2. Consider the comments of OSM, MMS and FLMA and other appropriate Federal agencies when assisting in the preparation of the decision document.
</P>
<P>B. OSM will:
</P>
<P>1. Prepare the approved NEPA compliance document.
</P>
<P>2. Prepare the decision document with the assistance of Mining and Minerals unless the work plan and schedule agreed upon provide otherwise. The decision document shall contain the following:
</P>
<P>a. An analysis of the environmental impacts of the proposal and alternatives to the proposal, prepared in compliance with NEPA, the Council on Environmental Quality regulations and OSM's NEPA compliance handbook;
</P>
<P>b. The determinations and recommendations of FLMA;
</P>
<P>c. The memorandum of recommendation from the MMS to the Assistant Secretary of the Interior for Energy and Minerals, with regard to MLA requirements;
</P>
<P>d. The incorporation of the comments of other agencies specified by the Secretary, as appropriate; and
</P>
<P>e. The relevant information submitted by Mining and Minerals as specified by A.1 of this Article.
</P>
<P>3. Transmit the decision document to the Secretary.
</P>
<P>C. FLMA will: Provide written concurrence on the final decision document to OSM with regard to postmining land use and the adequacy of measures to protect Federal resources not covered by rights granted by any Federal coal lease.
</P>
<P>D. MMS will: Provide written concurrence on the final decision document to OSM with regard to its responsibilities.
</P>
<P>E. Other agencies will: Provide written concurrence on the final decision document to OSM with regard to their responsibilities.
</P>
<HD1>VII: Decision and Permit Issuance
</HD1>
<P>A. The Secretary will:
</P>
<P>1. Evaluate the analysis, conclusions, and recommendations in the decision document as necessary to determine whether he approves or disapproves.
</P>
<P>2. Inform Mining and Minerals immediately of his decision. Where the Secretary decides not to approve, the reasons for not approving, and recommendations for remedy shall be specified.
</P>
<P>B. Mining and Minerals will:
</P>
<P>1. Issue the permit, revised permit, or permit renewal for surface coal mining and reclamation operations after making a finding of compliance with the approved Program in the manner set forth in this Agreement.
</P>
<P>2. Advise the operator, in the permit, of the necessity of obtaining Secretarial approval for those statutory requirements which have not been delegated to the State prior to directly affecting Federal lands and, if necessary, prohibit the operator from directly affecting Federal lands under the permit, revised permit, or permit renewal until after the Secretary's approval of the mining plan has been received.
</P>
<P>3. Reserve the right to modify the permit, revised permit or permit renewal to conform with the Secretary's decision if a permit, revised permit, or permit renewal has been issued prior to receipt of the Secretary's decision.
</P>
<HD1>VIII: Resolution of Conflict
</HD1>
<P>A. Every effort will be made to resolve errors, omissions and conflicts on data and data analysis at the State and field level.
</P>
<P>B. Areas of disagreement between the State and the Department shall be referred to the Governor and the Secretary for resolution.</P></EXTRACT>
<SECAUTH TYPE="N">(Sec. 523(c) of the Surface Mining Control and Reclamation Act of 1977; Pub. L. 95-87; (30 U.S.C. 1273(c))) 
</SECAUTH>
<CITA TYPE="N">[47 FR 56806, Dec. 20, 1982, as amended at 54 FR 20568, May 12, 1989] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="933" NODE="30:3.0.1.18.102" TYPE="PART">
<HEAD>PART 933—NORTH CAROLINA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 30302, June 30, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 933.700" NODE="30:3.0.1.18.102.0.1.1" TYPE="SECTION">
<HEAD>§ 933.700   North Carolina Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in North Carolina which have been adopted under the Surface Mining Control and Reclamation Act of 1977. 
</P>
<P>(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the North Carolina Federal program. 
</P>
<P>(c) The rules in this part apply to all surface coal mining operations in North Carolina conducted on non-Federal and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in North Carolina. 
</P>
<P>(d) The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually. 
</P>
<P>(e) The following provisions of North Carolina laws and regulations provide, where applicable, for more stringent environmental control and regulation of some aspects of surface coal mining operations than do the provisions of the Act and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, they shall not be construed to be inconsistent with the Act unless in a particular instance the rules in this chapter are found by OSM to establish more stringent environmental controls. 
</P>
<P>(1) North Carolina General Statute (NCGS) 74-51, concerning conditions under which a mining permit may be granted, authorized the North Carolina Department of Natural Resources and Community Development to deny a permit for a mining operation which will have a significantly adverse effect on the purposes of a publicly owned park, forest, or recreation area and may condition permit approval on a requirement of visual screening, vegetative or otherwise, so as to screen the view of the operation from public highways, public parks, or residential areas where the Department finds such screening to be feasible and desirable, or determines that such screening measures are either not feasible or not desirable. 
</P>
<P>(2) North Carolina mining laws and regulations apply to mining operations affecting an area greater than one acre. To the extent that North Carolina mining law and regulations cited in paragraph (f) of this section apply to coal mining operations not regulated by the Surface Mining Control and Reclamation Act, they are not preempted by this Federal program for North Carolina. 
</P>
<P>(3) North Carolina Dam Safety Law of 1967, North Carolina General Statutes (NCGS) 143-215.23 through 143-215.37. 
</P>
<P>(4) Geophysical Exploration regulations, Title 15, North Carolina Administrative Code, Subchapter 5C, applies to any coal exploration involving the use of explosives. 
</P>
<P>(f) The following are North Carolina laws and regulations that generally interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and superseded to the extent that they regulate coal exploration or surface coal mining and reclamation operations regulated by the Surface Mining Control and Reclamation Act. Other North Carolina laws may interfere with the achievement of the proposes of goals of the Act in an individual situation, and may be preempted and superseded as they affect a particular coal exploration or surface mining operation by publication of the notice to that effect in the <E T="04">Federal Register.</E> 
</P>
<P>(1) North Carolina Mining Act of 1971, as amended, NCGS 74-46 through 74-68, except to the extent that the Mining Act is preserved as provided in paragraph (e) of this section. 
</P>
<P>(2) Title 15, North Carolina Administrative Code, Subchapters 5A, 5B, and 5F Mining and Mineral Resources, except to the extent that those regulations are preserved as provided in paragraph (e) of this section.
</P>
<P>(g) The Secretary may grant a limited variance from the performance standards of §§ 933.815 through 933.828 of this part if the applicant for coal exploration approval or a surface mining permit submitted pursuant to §§ 933.772 through 933.785 demonstrates in the application that: (1) Such variance is necessary because of the unique nature of North Carolina's terrain, climate, biological, chemical, or other relevant physical conditions; and (2) the proposed alternative will achieve equal or greater environmental protection than does the performance requirement from which the variance is requested.
</P>
<CITA TYPE="N">[48 FR 30302, June 30, 1983, as amended at 52 FR 13811, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 933.701" NODE="30:3.0.1.18.102.0.1.2" TYPE="SECTION">
<HEAD>§ 933.701   General.</HEAD>
<P>Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining and reclamation operations in North Carolina.


</P>
</DIV8>


<DIV8 N="§ 933.702" NODE="30:3.0.1.18.102.0.1.3" TYPE="SECTION">
<HEAD>§ 933.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 933.707" NODE="30:3.0.1.18.102.0.1.4" TYPE="SECTION">
<HEAD>§ 933.707   Exemption for coal extraction incident to government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 933.761" NODE="30:3.0.1.18.102.0.1.5" TYPE="SECTION">
<HEAD>§ 933.761   Areas designated unsuitable for surface coal mining by Act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated Unsuitable for Coal Mining by Act of Congress,</I> with the exception of §§ 761.11(c) and 761.12(f)(1), shall apply to surface coal mining and reclamation operations, beginning one year after the effective date of this program. For the purposes of part 933, the following §§ 761.11(c) and 761.12(f)(1) shall replace the existing §§ 761.11(c) and 761.12(f)(1).
</P>
<EXTRACT>
<P>(c) On any lands which will adversely affect any publicly owned park, forest, recreation area, or any places included on, or eligible for listing on, the National Register of Historic Places, unless approved jointly by the regulatory authority and the Federal, State, or local agency with jurisdiction over the park, forest, recreation area, or places;
</P>
<P>(f)(1) Where the proposed surface coal mining operation may adversely affect any public park, forest, recreation area, or any places included on, or eligible for listing on, the National Register of Historic Places, the regulatory authority shall transmit to the Federal, State, or local agencies with jurisdiction over, or a statutory or regulatory responsibility for, the park, forest, recreation area, or historic place a copy of the completed permit application containing the following:
</P>
<P>(i) A request for that agency's approval or disapproval of the operators;
</P>
<P>(ii) A notice to the appropriate agency that it must respond within 30 days from receipt of the request.</P></EXTRACT>
</DIV8>


<DIV8 N="§ 933.762" NODE="30:3.0.1.18.102.0.1.6" TYPE="SECTION">
<HEAD>§ 933.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designation Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 933.764" NODE="30:3.0.1.18.102.0.1.7" TYPE="SECTION">
<HEAD>§ 933.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities shall apply to surface coal mining and reclamation operations beginning one year after the effective date of this program.


</P>
</DIV8>


<DIV8 N="§ 933.772" NODE="30:3.0.1.18.102.0.1.8" TYPE="SECTION">
<HEAD>§ 933.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<CITA TYPE="N">[52 FR 13811, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 933.773" NODE="30:3.0.1.18.102.0.1.9" TYPE="SECTION">
<HEAD>§ 933.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office.
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the applicant of the findings;
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) Should the applicant not submit the information as required by § 912.773(b)(2)(ii) by the specified date, the office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability.
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter.
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(d) The issuance of permits shall be coordinated, to the extent practicable, with the issuance of the following permits, leases and/or certificates required by the State of North Carolina; Water discharge permit (NCGS 143-215.1); water use permits in capacity use area (NCGS 143-215.5); an approval of dam construction (NCGS 143-215.108), an air pollution control permit (NCGS 143-215.26, Title 15, North Carolina Administrative Code, Subchapter 2K); air and water quality reporting systems (NCGS 143-215.63—143-215.69); a geophysical exploration permit (Title 15, North Carolina Administrative Code, Subchapter 5C); a development permit for operations in an area of environmental concern designated pursuant to the Coastal Area Management Act (NCGS 113A-100—113A-128); a dredging or filing permit issued by the Department of Natural Resources and Community Development (NCGS 113-229); a permit for dumping of toxic substances (NCGS 14-284.2); compliance with any applicable land use regulations adopted in a soil conservation district (NCGS 139-9); and compliance with any county ordinance regarding explosives (NCGS 153A-128). 
</P>
<P>(e) No person shall be granted a permit to conduct exploration which results in the removal of more than 250 tons of coal or shall conduct surface coal mining unless that person has acquired all required permits, leases, and/or certificates listed in paragraph (d) of this section. 
</P>
<P>(f) The Secretary shall provide to the North Carolina Department of Natural Resources and Community Development a copy of each decision to grant or deny a permit application. 
</P>
<CITA TYPE="N">[52 FR 13811, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 933.774" NODE="30:3.0.1.18.102.0.1.10" TYPE="SECTION">
<HEAD>§ 933.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits. 
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE. 
</P>
<P>(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775. 
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. 
</P>
<P>(c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later. 
</P>
<CITA TYPE="N">[52 FR 13811, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 933.775" NODE="30:3.0.1.18.102.0.1.11" TYPE="SECTION">
<HEAD>§ 933.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of his chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits. 
</P>
<CITA TYPE="N">[52 FR 13812, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 933.777" NODE="30:3.0.1.18.102.0.1.12" TYPE="SECTION">
<HEAD>§ 933.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[52 FR 13812, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 933.778" NODE="30:3.0.1.18.102.0.1.13" TYPE="SECTION">
<HEAD>§ 933.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[52 FR 13812, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 933.779" NODE="30:3.0.1.18.102.0.1.14" TYPE="SECTION">
<HEAD>§ 933.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications</I>—Minimum Requirements for Information on Environmental Resources, shall apply to any person who makes application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 933.780" NODE="30:3.0.1.18.102.0.1.15" TYPE="SECTION">
<HEAD>§ 933.780   Surface mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations, except that for the purposes of part 933, the paragraph in § 780.31 shall be replaced by the following two paragraphs:
</P>
<EXTRACT>
<P>(a) For any public parks, forest, or recreation areas, or historic places that may be adversely affected by the proposed operations, each plan shall describe the measures to be used to minimize or prevent these impacts and to obtain approval of the regulatory authority and other agencies as required in 30 CFR 761.12(f). 
</P>
<P>(b) Each application for an operation which will be visible from any public park, public highway, or residential area shall include measures to be taken to screen the operation from the view of public parks, public highways and residential areas, or shall set forth the reasons why such screening measures are either not feasible or not desirable.</P></EXTRACT>
</DIV8>


<DIV8 N="§ 933.783" NODE="30:3.0.1.18.102.0.1.16" TYPE="SECTION">
<HEAD>§ 933.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 933.784" NODE="30:3.0.1.18.102.0.1.17" TYPE="SECTION">
<HEAD>§ 933.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground coal mining except that for the purposes of part 933, the paragraph in § 784.17 shall be replaced by the following two paragraphs:
</P>
<EXTRACT>
<P>(a) For any public parks, forest, or recreation areas, or historic places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used to minimize or prevent these impacts and to obtain approval of the regulatory authority and other agencies as required in 30 CFR 761.12(f).
</P>
<P>(b) Each application for an operation which will be visible from any public park, public highway, or residential area shall include measures to be taken to screen the operation from the view of public parks, public highways and residential areas, or shall set forth the reasons why such screening measures are either not feasible or not desirable.</P></EXTRACT>
</DIV8>


<DIV8 N="§ 933.785" NODE="30:3.0.1.18.102.0.1.18" TYPE="SECTION">
<HEAD>§ 933.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein.


</P>
</DIV8>


<DIV8 N="§ 933.795" NODE="30:3.0.1.18.102.0.1.19" TYPE="SECTION">
<HEAD>§ 933.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program.


</P>
</DIV8>


<DIV8 N="§ 933.800" NODE="30:3.0.1.18.102.0.1.20" TYPE="SECTION">
<HEAD>§ 933.800   General requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 933.815" NODE="30:3.0.1.18.102.0.1.21" TYPE="SECTION">
<HEAD>§ 933.815   Performance standards—coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations.


</P>
</DIV8>


<DIV8 N="§ 933.816" NODE="30:3.0.1.18.102.0.1.22" TYPE="SECTION">
<HEAD>§ 933.816   Performance standards—surface mining activities.</HEAD>
<P>Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 933.817" NODE="30:3.0.1.18.102.0.1.23" TYPE="SECTION">
<HEAD>§ 933.817   Performance standards—underground mining activities.</HEAD>
<P>Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground coal mining operations. 


</P>
</DIV8>


<DIV8 N="§ 933.819" NODE="30:3.0.1.18.102.0.1.24" TYPE="SECTION">
<HEAD>§ 933.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining. 


</P>
</DIV8>


<DIV8 N="§ 933.823" NODE="30:3.0.1.18.102.0.1.25" TYPE="SECTION">
<HEAD>§ 933.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands. 


</P>
</DIV8>


<DIV8 N="§ 933.824" NODE="30:3.0.1.18.102.0.1.26" TYPE="SECTION">
<HEAD>§ 933.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining.


</P>
</DIV8>


<DIV8 N="§ 933.827" NODE="30:3.0.1.18.102.0.1.27" TYPE="SECTION">
<HEAD>§ 933.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.


</P>
</DIV8>


<DIV8 N="§ 933.828" NODE="30:3.0.1.18.102.0.1.28" TYPE="SECTION">
<HEAD>§ 933.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities.


</P>
</DIV8>


<DIV8 N="§ 933.842" NODE="30:3.0.1.18.102.0.1.29" TYPE="SECTION">
<HEAD>§ 933.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.
</P>
<P>(b) OSM will furnish a copy of any inspection report written pursuant to this part to the North Carolina Department of Natural Resources and Community Development upon request.


</P>
</DIV8>


<DIV8 N="§ 933.843" NODE="30:3.0.1.18.102.0.1.30" TYPE="SECTION">
<HEAD>§ 933.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, Federal Enforcement, shall when enforcement action is required for violations on surface coal mining and reclamation operations.
</P>
<P>(b) OSM will furnish a copy of each enforcement action and order to show cause issued pursuant to this part to the North Carolina Department of Natural Resources and Community Development upon request.


</P>
</DIV8>


<DIV8 N="§ 933.845" NODE="30:3.0.1.18.102.0.1.31" TYPE="SECTION">
<HEAD>§ 933.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations on surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 933.846" NODE="30:3.0.1.18.102.0.1.32" TYPE="SECTION">
<HEAD>§ 933.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 933.955" NODE="30:3.0.1.18.102.0.1.33" TYPE="SECTION">
<HEAD>§ 933.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="934" NODE="30:3.0.1.18.103" TYPE="PART">
<HEAD>PART 934—NORTH DAKOTA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>45 FR 82246, Dec. 15, 1980, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 934.1" NODE="30:3.0.1.18.103.0.1.1" TYPE="SECTION">
<HEAD>§ 934.1   Scope.</HEAD>
<P>This part contains all rules applicable only within North Dakota that have been adopted under the Surface Mining Control and Reclamation Act of 1977. 


</P>
</DIV8>


<DIV8 N="§ 934.10" NODE="30:3.0.1.18.103.0.1.2" TYPE="SECTION">
<HEAD>§ 934.10   State program approval.</HEAD>
<P>The North Dakota State Program, as submitted on February 29, 1980, and amended and clarified on June 12, 1980 and September 9, 1980, is conditionally approved, effective December 15, 1980. Beginning on that date, PSC shall be deemed the regulatory authority in North Dakota for all surface coal mining and reclamation operations and for all exploration operations where more than 250 tons of coal are removed on non-Federal and non-Indian lands and the North Dakota Geological Survey shall be deemed the regulatory authority in North Dakota for all exploration operations where less than 250 tons of coal are removed on non-Federal and non-Indian lands. Only surface mining and reclamation operations on non-Federal and non-Indian lands shall be subject to the provisions of the North Dakota permanent regulatory program. Copies of the approved program, together with copies of the letter of the Public Service Commission agreeing to the conditions in § 934.11, are available at: 
</P>
<P>(a) North Dakota Public Service Commission, Reclamation Division; State Capitol Building; Bismarck, ND 58505-0165; Telephone: (701) 224-4096.
</P>
<P>(b) Office of Surface Mining, 100 East “B” Street, Casper, Wyoming 82601-1918, telephone: (307) 261-5824.
</P>
<CITA TYPE="N">[45 FR 82246, Dec. 15, 1980, as amended at 57 FR 826, Jan. 9, 1992; 57 FR 37706, Aug. 20, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 934.12" NODE="30:3.0.1.18.103.0.1.3" TYPE="SECTION">
<HEAD>§ 934.12   State program amendments disapproved.</HEAD>
<P>The following provision of an amendment to the North Dakota permanent regulatory program, as submitted to OSMRE on February 10, 1987, and modified on August 18, 1987, and December 14, 1987, is hereby disapproved: Paragraph (c)(4) of the North Dakota Administrative Code, Article 69-05.2-12-05.1, which would have established separate financial criteria for self-bonding by rural electric cooperatives. 
</P>
<CITA TYPE="N">[53 FR 2840, Feb. 2, 1988. Redesignated at 55 FR 1819, Jan. 19, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 934.13" NODE="30:3.0.1.18.103.0.1.4" TYPE="SECTION">
<HEAD>§ 934.13   State program provisions set aside.</HEAD>
<P>North Dakota regulation NDAC 69-05.2-27-01 is inconsistent with Federal provisions for permitting and bonding of research projects and is set aside under the provisions of section 505(b) of the Surface Mining Control and Reclamation Act of 1977.


</P>
</DIV8>


<DIV8 N="§ 934.15" NODE="30:3.0.1.18.103.0.1.5" TYPE="SECTION">
<HEAD>§ 934.15   Approval of North Dakota regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 30, 1982</TD><TD align="left" class="gpotbl_cell">February 9, 1983, November 9, 1983</TD><TD align="left" class="gpotbl_cell">NDCC Chapter 38-14.1; subsection 5 of § 38-14.1-02, definitions of “extended mining plan,” “performance bond;” 38-14.1-03; subsection 3 of § 38-14.1-07, 13; subdivision “u” of subsection 1 of § 38-14.1-14; subdivision “n” of subsection 2 of § 38-14.1-14; § 38-14.15; subsection 3 of § 38-14.1-20; subsections 17, 18 of § 38-14.1-24; subsection 4 of § 38-14.1-30; § 38-14.1-38; Chapter 38-12.1; subdivision b of § 1 of § 38-12.1-04; Chapter 38-18; subsection 3 of § 38-18-05, definition of “mineral developer;” subsection 6 of § 38-18-05, definition of “mineral owner;” subsection 10 of § 38-18-05, definition of “surface owner;” subsection 3 of § 38-18-06; § 38-18-07; NDAC 69-05.2, Chapter 69-05.2-01, 05 through 19, 21, 22, 23, 26; NDCC § 38.12.1-03.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 2, 1984</TD><TD align="left" class="gpotbl_cell">July 19, 1984</TD><TD align="left" class="gpotbl_cell">NDAC §§ 38-14-1.02(33)(a), 04.1, .2, .3, 13(1)(b), 24(1)(1); §§ 69-05.2-05-03, 69-05.2-09-18, 69-05.2-13-12.1 through .6, 69-05.2-16-04.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 27, 1984</TD><TD align="left" class="gpotbl_cell">January 3, 1985</TD><TD align="left" class="gpotbl_cell">NDAC §§ 69-05.2-01-02, definition of “blaster” and renumbering of § 69-05.2-17-01; 69-05.2-31.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 18, 1985</TD><TD align="left" class="gpotbl_cell">February 18, 1986</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.1-04.2, .3, -7, -10, -14, -21, -30,-33; NDAC 69-05.2-04-01, -06-02, -08-03, -09-02,-08, -09, -10-03, -16-09.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 30, 1986</TD><TD align="left" class="gpotbl_cell">October 21, 1986</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-01-02 (11), (12), definitions “coal preparation,” “coal preparation plant,” “coal processing plant,” 08-05(2)(c)(5), -09-19, -13-13, -15-01, -02, -03(2), -04, -16-04(1)(b), -09(22), -15-01, -21-03.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 8, 1986</TD><TD align="left" class="gpotbl_cell">December 9, 1986</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-12-20.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 3, 1987</TD><TD align="left" class="gpotbl_cell">November 16, 1987</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.1-16(2), (7), -17(7).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 10, 1987</TD><TD align="left" class="gpotbl_cell">February 2, 1988</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-12, -13-04, -23.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 1, 1988</TD><TD align="left" class="gpotbl_cell">March 10, 1989</TD><TD align="left" class="gpotbl_cell">Amendment X, “Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre-and Post- mining Vegetation Assessments”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 11, 1989</TD><TD align="left" class="gpotbl_cell">August 4, 1989</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.1-37, -39.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 1, 1988</TD><TD align="left" class="gpotbl_cell">January 19, 1990</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2, 2-01 through -31.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 20, 1990</TD><TD align="left" class="gpotbl_cell">January 9, 1992</TD><TD align="left" class="gpotbl_cell">NDCC 28-32-02(3), (4); NDAC 69-05.2-01-02, -03(4), (5), (7), -04-01(5)(b), -05-06(1), (1d), -06-01,-02(3) through (6), -08-05(2), (2C), (2e), -09(3b), -15,-09-01(4), -06(1), (2), -09(1)(c)(7-8), (1)(e), (2)(c through e), (h), -17(1), (2), -19(1), -10-03, -05(3a, e), -11-03, -12-01(4), (10), -12(3), -18, -20, -13-08(2) through (6), -12(4), -13, -15-04(4)(a)(2)(c), -16-03, -07(2a), -09(9), (17), (18), (20), -12(1), -14(3), -20, -17-01(2), -05(1), -18-01, -12(f), -20-03(1b, d), (3),-22-07(4)(e) through (i), -23-01, -24-01-09, -25-03(2), (4), -26-05, (3), -28-03, (7), 16 through 18.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 12, 1991, November 19, 1991</TD><TD align="left" class="gpotbl_cell">August 20, 1992</TD><TD align="left" class="gpotbl_cell">NDCC 38-12.1-03-2.b, -05-2.d; 38-14.1-02-33.a, -24.13.a, -30.3.c through g(1), (2); NDAC 43-02-01-18.1, -20; 69-05.2-01-01-3, -05-08, -08-01, -02; 69-05.2-08, -10.1a, -12; -09-04, -09, -10, -11, -14, -17, -10-02, -11-01.5, 02, -12-01, -05 through -08, -12-11, -12, -14, -16, -13-06, -08, -14-01, -15-02, -16-04, -06, -12, -22-07, -25-03, -04; 69-05.2-32, -32-01.1.b.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 21, 1993</TD><TD align="left" class="gpotbl_cell">March 15, 1994, July 22, 1994</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-06-02(3), -09-01(4), -10-03(1), (1)(a), (4), -13-02(4)(e), -08(3) through (6), -15-04(3), -16-09 (13), (14), (16), -20-03(3), (4); NDCC 38-14.1-21(5), -24(13)(e), -37(2), (a) through (f), (3) through (6); 38-12.1-04(1)(a); 43-02-01-05, -20.3(c)(2); 43-02-01-05.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 22, 1993</TD><TD align="left" class="gpotbl_cell">July 22, 1994</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-17-02, -29-01(2), -02(1)(a), (b), -03(2), (5), -04, -05, -06(1)(a), -07(1), -08(1)(a) through (e), (2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 10, 1994</TD><TD align="left" class="gpotbl_cell">April 13, 1995</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-04-07(3)(a), -05-09, -06-01(2), -02(6), -10-03(5), -11-01(1)(d), -03(5)(c), -06(1)(c), -12-09(2), -15-02(2a), -16-09(7), (20), -21-01(2), -28-03(6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 17, 1994</TD><TD align="left" class="gpotbl_cell">July 14, 1995</TD><TD align="left" class="gpotbl_cell">Policy document entitled “Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 20, 1996</TD><TD align="left" class="gpotbl_cell">April 28, 1997</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-09-02.8 -13-02, -15-04.4a(2)c, -19-04.2, 3, -22-07.3.c, 4.d, 4.i, -26-05.3.c; 69-05, 22-07.4.j, .k; changes to new names of U.S. Natural Resource Conservation Service and the North Dakota Department of Health.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 2, 1997</TD><TD align="left" class="gpotbl_cell">August 25, 1997</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.1-04.1, .2, .3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 12, 1995</TD><TD align="left" class="gpotbl_cell">September 16, 1998</TD><TD align="left" class="gpotbl_cell">Statute: NDCC 38-14.1-37(4); NDCC 38-12.1-08; Rule: NDAC 43-02-01.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 9, 1998</TD><TD align="left" class="gpotbl_cell">January 8, 1999</TD><TD align="left" class="gpotbl_cell">Revegetation Success Policy Doc. II-C, Prime Farmlands standards. II-F, Woodlands cover standards. II-H, Wetlands standards. II-I, Recreational land use standards for tree and shrub stocking. III-D, Methods for sampling woodland cover.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 29, 1997</TD><TD align="left" class="gpotbl_cell">March 16, 1999</TD><TD align="left" class="gpotbl_cell">Rules: NDAC 69-05.2-13-01; NDAC 69-05.2-22-07.4.1; NDAC 69-05.2-28-19.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 31, 1999</TD><TD align="left" class="gpotbl_cell">July 20, 1999</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.1-30.3.f.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 2, 1998</TD><TD align="left" class="gpotbl_cell">November 8, 1999</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2.90 NDAC 69-05.2-01-03 NDAC 69-05.2-05-09 NDAC 69-05.2-09-09 NDAC 69-05.2-13-02 NDAC 69-05.2-13-08 NDAC 69-05.2-15-02 NDAC 69-05.2-15-04 NDAC 69-05.2-16-09 NDAC 69-05.2-19-04
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 20, 2000</TD><TD align="left" class="gpotbl_cell">March 2, 2001</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-01-03; NDCC 28-32 NDAC 69-05.2-09.15.8 NDAC 69-05.2-10-03.6.c NDAC 69-05.2-12-09 NDAC 69-05.2-12-12.2 NDAC 69-05.2-16-05 NDAC 69-05.2-22-07.4.1 NDAC 69-05.2-26-05.3 NDAC 69-05.2-29-03
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 16, 2000</TD><TD align="left" class="gpotbl_cell">May 17, 2001</TD><TD align="left" class="gpotbl_cell">Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 9, 2001</TD><TD align="left" class="gpotbl_cell">November 16, 2001</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.1 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 21, 2002</TD><TD align="left" class="gpotbl_cell">July 7, 2003</TD><TD align="left" class="gpotbl_cell"><E T="03">Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments:</E> Section II-C, D, E, F, G, and H; Section III-C, D, and E
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Feb. 10, 2003</TD><TD align="left" class="gpotbl_cell">Dec. 4, 2003</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-01-02(120) NDAC 69-05.2-04-01.1 through 01.7 NDAC 69-05.2-05-01 NDAC 69-05.2-09-01 NDAC 69-05.2-12-12 NDAC 69-05.2-16-04 NDAC 69-05.2-16-05(1)(b)(3) NDAC 69-05.2-16-09
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 23, 2003</TD><TD align="left" class="gpotbl_cell">January 20, 2004</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-01-02.13 NDAC 69-05.2-12-01.11 NDAC 69-05.2-12-04.2 NDAC 69-05.2-17-07 NDAC 69-05.2-22-07
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 20, 2005</TD><TD align="left" class="gpotbl_cell">November 28, 2005</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.1-17.1.a and 2005b.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 24, 2006</TD><TD align="left" class="gpotbl_cell">December 20, 2006</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-06-03 NDAC 69-05.2-10-01 NDAC 69-05.2-12-12 NDAC 69-05.2-16-09 NDAC 69-05.2-22-07 NDAC 69-05.2-24-01
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 12, 2008</TD><TD align="left" class="gpotbl_cell">September 12, 2008</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-08-08 NDAC 69-05.2-10-03 NDAC 69-05.2-12-05.1
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 12, 2009</TD><TD align="left" class="gpotbl_cell">December 27, 2010</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.1-24(18) NDAC 69-05.2-09-2 2NDAC 69-05.2-22-07
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 1, 2012</TD><TD align="left" class="gpotbl_cell">June 6, 2014</TD><TD align="left" class="gpotbl_cell">NDAC 69-5.2-12-04
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 14, 2012</TD><TD align="left" class="gpotbl_cell">December 16, 2014</TD><TD align="left" class="gpotbl_cell">NDAC 69-05.2-05-02 NDAC 69-05.2-05-08 NDAC 69-05.2-06-01 NDAC 69-05.2-06-02 NDAC 69-05.2-10-01 NDAC 69-05.2-10-03 NDAC 69-05.2-10-07 NDAC 69-05.2-10-08 NDAC 69-05.2-10-09
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 19, 2016</TD><TD align="left" class="gpotbl_cell">May 9, 2019</TD><TD align="left" class="gpotbl_cell">NDAC regulation changes to define commercial leonardite (oxidized lignite) and exclusion of commercial leonardite from the statutory definition of coal.
<br/>NDAC 69-05.2-01-01.1a-d; NDAC 69-05.2-01-02.9-12, 32, 64b(6), 88, 93, 104, 108, 120b(2)(a) and c; NDAC 69-05.2-02-06.1; NDAC 69-05.2-03-01; NDAC 69-05.2-03-02; NDAC 69-05.2-04-01.5.2a(8); NDAC 69-05.2-04-04.2; NDAC 69-05.2-04-07.3a; NDAC 69-05.2-04-09.3; NDAC 69-05.2-05-08.1; NDAC 69-05.2-06-01.1a; NDAC 69-05.2-06-03.2b; NDAC 69-05.2-08-01.2; NDAC 69-05.2-08-02.1l; NDAC 69-05.2-08-04.3b; NDAC 69-05.2-08-05.1 and 2b,c,d,e and g; NDAC 69-05.2-08-06.1d; NDAC 69-05.2-08-10; NDAC 69-05.2-09-01.1, 3, and 5; NDAC 69-05.2-09-02.3, 6, 8, 12, and 14a; NDAC 69-05.2-09-09.1f and g; NDAC 69-05.2-09-18.3b; NDAC 69-05.2-09-19.1; NDAC 69-05.2-10-01.1b4 and 6a; NDAC 69-05.2-11-02.1c; NDAC 69-05.2-13-05; NDAC 69-05.2-13-08.6h; NDAC 69-05.2-13-12.1; NDAC 69-05.2-13-13; NDAC 69-05.2-18-01.13; NDAC 69-05.2-19-02.1; NDAC 69-05.2-19-04.4; NDAC 69-05.2-21-01.2; NDAC 69-05.2-21-03; NDAC 69-05.2-21-04; NDAC 69-05.2-22-07.4i; NDAC 69-05.2-24-01.1a(1); NDAC 69-05.2-24-09.1; NDAC 69-05.2-25-04.2.a; NDAC 69-05.2-26-06.3.c; NDAC 69-05.2-31-01.3; NDCC Sec. 38-12.1-01, Subsections 1-3; NDCC Sec. 38-12.1-02; NDCC Sec. 38-12.1-03, Subsections 1-3, and 7; NDCC Sec. 38-12.1-04, Subsections 1a, 2, and 5; NDCC Sec. 38-12.1-05, Subsections 1 and 3; NDCC Sec. 38-14.1-02, Subsections 3, 4, 10, 11, 13, 23, 28, and 35; NDCC Sec. 38-14.1-05, Subsection 3; NDCC Sec. 38-14.1-13, Subsection 3; NDCC Sec. 38-14.1-14, Subsection 1r(3)-(5), and s; NDCC Sec. 38-14.1-14, Subsection 2c; NDCC Sec. 38-14.1-21, Subsection 3e(2); NDCC Sec. 38-14.1-21, Subsection 4b; NDCC Sec. 38-14.1-24, Subsections 1 and 1.1; NDCC Sec. 38-14.1-24, Subsection 3b(2); NDCC Sec. 38-14.1-24, Subsections 5, 10, and 18; NDCC Sec. 38-14.1-25, Subsections 1-3; NDCC Sec. 38-14.1-27, Subsection 1b(2); NDCC Sec. 38-14.1-37, Subsections 1 a and b, 3, and 4; NDCC Sec. 38-18-05. Subsections 2 and 7; NDCC Sec. 38-18-07, Subsection 2; also all minor grammatical and codification changes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 9, 2022</TD><TD align="left" class="gpotbl_cell">February 13, 2026</TD><TD align="left" class="gpotbl_cell">NDAC 60-05.2-01-02/Updates the definition of collateral bond.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9948, Mar. 5, 1997, as amended at 62 FR 22894, Apr. 28, 1997; 62 FR 44900, Aug. 25, 1997; 63 FR 49434, Sept. 16, 1998; 64 FR 1130, Jan. 8, 1999; 64 FR 12900, Mar. 16, 1999; 64 FR 38827, July 20, 1999; 64 FR 60659, Nov. 8, 1999; 66 FR 13020, Mar. 2, 2001; 66 FR 27459, May 17, 2001; 66 FR 57662, Nov. 16, 2001; 68 FR 40147, July 7, 2003; 68 FR 67804, Dec. 4, 2003; 69 FR 2666, Jan. 20, 2004; 70 FR 71242, Nov. 28, 2005; 71 FR 76148, Dec. 20, 2006; 73 FR 52923, Sept. 12, 2008; 75 FR 81122, Dec. 27, 2010; 79 FR 32647, June 6, 2014; 79 FR 74618, Dec. 16, 2014; 84 FR 20269, May 9, 2019; 91 FR 6773, Feb. 13, 2026]



</CITA>
</DIV8>


<DIV8 N="§ 934.16" NODE="30:3.0.1.18.103.0.1.6" TYPE="SECTION">
<HEAD>§ 934.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17(f)(1), North Dakota is required to submit to OSM by the specified date the following written, proposed program amendment, or a description of an amendment to be proposed that meets the requirements of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is consistent with North Dakota's established administrative or legislative procedures. 
</P>
<P>(a)-(cc) [Reserved] 
</P>
<CITA TYPE="N">[53 FR 2840, Feb. 2, 1988, as amended at 54 FR 10145, Mar. 10, 1989; 55 FR 1819, Jan. 19, 1990; 57 FR 827, Jan. 9, 1992; 59 FR 11933, Mar. 15, 1994; 59 FR 37431, July 22, 1994; 60 FR 18745, Apr. 13, 1995; 60 FR 36223, July 14, 1995; 62 FR 22895, Apr. 28, 1997; 63 FR 49434, Sept. 16, 1998; 64 FR 1130, Jan. 8, 1999; 64 FR 60660, Nov. 8, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 934.20" NODE="30:3.0.1.18.103.0.1.7" TYPE="SECTION">
<HEAD>§ 934.20   Approval of North Dakota abandoned mine plan.</HEAD>
<P>The North Dakota Abandoned Mine Plan as submitted on July 28, 1981, is approved. Copies of the approved program are available at:
</P>
<EXTRACT>
<FP-1>Casper Field Office, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, room 2128, Casper, WY 82601-1918; Telephone: (307) 261-5776.
</FP-1>
<FP-1>North Dakota Public Service Commission, Abandoned Mine Land Division, State Capitol, Bismarck, ND 58505; Telephone: (701) 224-4096.</FP-1></EXTRACT>
<CITA TYPE="N">[57 FR 33116, July 27, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 934.25" NODE="30:3.0.1.18.103.0.1.8" TYPE="SECTION">
<HEAD>§ 934.25   Approval of North Dakota abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 4, 1983</TD><TD align="left" class="gpotbl_cell">June 24, 1983</TD><TD align="left" class="gpotbl_cell">Definition of reclamation terms; right of entry; land acquisition, management, and disposition; other policies and procedures.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 15, 1987</TD><TD align="left" class="gpotbl_cell">June 16, 1988</TD><TD align="left" class="gpotbl_cell">Revision of administrative and management structure of the approved North Dakota Plan.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 31, 1991</TD><TD align="left" class="gpotbl_cell">July 27, 1992</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.2-04, -06.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 25, 1993</TD><TD align="left" class="gpotbl_cell">September 27, 1993</TD><TD align="left" class="gpotbl_cell">Emergency response reclamation program; set-aside trust funds, eligible lands.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 20, 1995</TD><TD align="left" class="gpotbl_cell">October 8, 1996</TD><TD align="left" class="gpotbl_cell">NDCC 38-14.2-03(14); Public Service Commission Procurement and Contract Procedures; PSC policies Nos. 2-01-81(5), 2-02-81(5); PSC organizational structure.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9949, Mar. 5, 1997]



</CITA>
</DIV8>


<DIV8 N="§ 934.30" NODE="30:3.0.1.18.103.0.1.9" TYPE="SECTION">
<HEAD>§ 934.30   State-Federal Cooperative Agreement.</HEAD>
<HD1>Cooperative Agreement
</HD1>
<P>This is a Cooperative Agreement (Agreement) between North Dakota (State) acting by and through the North Dakota Public Service Commission (Commission) and the Governor, and the United States Department of the Interior (Interior), acting by and through the Secretary of the Interior (Secretary) and the Office of Surface Mining (OSM).
</P>
<EXTRACT>
<HD1>Article I: Introduction and Purpose
</HD1>
<P>A. <I>Authority:</I> This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (Federal Act), Pub. L. 95-87, 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved under 30 U.S.C. 1253 to elect to enter into an Agreement for the regulation and control of surface coal mining on Federal lands, and by Chapter 38-14.1 of the North Dakota Century Code, Reclamation of Surface Mined Lands (State Act). This Agreement provides for State regulation of surface coal mining and reclamation operations on Federal lands within North Dakota consistent with the State and Federal Acts and the Federal lands program (section 523(a) of the Federal Act and 30 CFR Chapter VII, Subchapter D).
</P>
<P>B. <I>Purpose:</I> The purpose of the Agreement is to: (1) Foster State-Federal cooperation in the regulation of surface coal mining and reclamation operations; (2) eliminate unnecessary intergovernmental overlap and duplication; and (3) provide uniform and effective application of the State Program on all non-Indian lands in North Dakota. 
</P>
<HD1>Article II: Effective Date 
</HD1>
<P>Following signing by the Secretary, the Governor, and the Commission, the Agreement shall take effect upon publication in the <E T="04">Federal Register</E> as a final rule. This Agreement shall remain in effect until terminated as provided in Article X. 
</P>
<HD1>Article III: Scope 
</HD1>
<P>In accordance with the Federal lands program in 30 CFR parts 740-746, the laws, rules, terms, and conditions of North Dakota's Permanent State Program (Program) (conditionally approved effective December 15, 1980, 30 CFR 934.11 or as hereinafter amended in accordance with 30 CFR 732.17) are applicable to Federal lands within North Dakota except as otherwise stated in this Agreement, the Federal Act, 30 CFR 745.13, or
</P>
<FP>other applicable laws or rules and regulations. Orders and decisions issued by the Commission in accordance with the State Program that are reviewable shall be reviewed pursuant to section 38-14.1-30 of the North Dakota Century Code. Orders and decisions issued by the Department that are appealable shall be appealed to the Department of the Interior's Office of Hearings and Appeals. 
</FP>
<HD1>Article IV: Requirements for Cooperative Agreement 
</HD1>
<P>The Commission and the Secretary affirm that they will comply with all of the provisions of this Agreement and will continue to meet all the conditions and requirements specified in this Article. 
</P>
<P>A. <I>Responsible Administrative Agency:</I> The Commission is, and shall continue to be, the sole agency responsible for administering this Agreement on behalf of North Dakota on Federal lands throughout the State. OSM shall administer this Agreement on behalf of the Secretary, in accordance with the regulations in 30 CFR Chapter VII. 
</P>
<P>B. <I>Authority of State Agency:</I> The Commission has and shall continue to have authority under State law to carry out this Agreement. 
</P>
<P>C. <I>Funds:</I> The State will devote adequate funds to the administration and enforcement on Federal lands in North Dakota of the requirements contained in the Program. If the State complies with the terms of this Agreement, and if necessary funds have been appropriated, OSM shall reimburse the State as provided in section 705(c) of the Federal Act and 30 CFR 735.16, for costs associated with carrying out responsibilities under this Agreement. The grants procedures established in 30 CFR part 735 are applicable to funding under this Agreement. Reimbursement shall be in the form of annual grants, and applications for grants shall be processed and grants awarded in a prompt manner. 
</P>
<P>If sufficient funds have not been appropriated, OSM and the Commission shall promptly meet to decide on appropriate measures that will insure that surface coal mining and reclamation operations are regulated in accordance with the Program. 
</P>
<P>D. <I>Reports and Records:</I> The Commission shall make annual reports to OSM pursuant to 30 CFR 745.12(d), containing information respecting its implementation and administration of the terms of this Agreement. The Commission and OSM shall exchange, upon request, information developed under this Agreement except where prohibited by Federal law. OSM shall provide the Commission with a copy of any final evaluation report concerning State administration and enforcement of this Agreement. 
</P>
<P>E. <I>Personnel:</I> The Commission shall provide the necessary personnel to fully implement this Agreement in accordance with the provisions of the Federal and State Acts and the State Program.
</P>
<P>F. <I>Equipment and Laboratories:</I> The Commission shall assure itself access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses can be performed and which are necessary to carry out the requirements of this Agreement.
</P>
<P>G. <I>Permit Application Fees and Civil Penalty Assessments:</I> The amount of the fee accompanying an application for a permit shall be determined in accordance with section 38-14.1-13 of the State Act. All permit fees and civil penalty assessments collected by the State from operators on Federal lands shall be retained by the State and deposited with the State Treasurer. These funds shall be disposed of in accordance with Federal requirements in OMB Circular No. A-102, Attachment E. The financial status report submitted pursuant to 30 CFR 735.26 shall include a report of the amount of permit application fees collected and attributable to Federal lands during the prior Federal fiscal year.
</P>
<HD1>Article V: Policies and Procedures: Review of a Permit Application Package or an Application for a Permit Renewal or Revision
</HD1>
<P>A. <I>Contents of Permit Application Package:</I> The Commission and the Secretary will require that an operator proposing to mine on Federal land shall submit an identical permit application package in an appropriate number of copies to the Commission and OSM. Any documentation or information submitted by the operator for the sole purpose of complying with the 3-year requirement of section 7(c) of the Mineral Leasing Act (30 U.S.C. 181 <I>et seq.</I>) will be submitted directly to the Bureau of Land Management, Department of the Interior. The permit application package shall be in the form required by the Commission and include any supplemental information required by the Secretary. The permit application package shall satisfy the requirements of 30 CFR Chapter VII, Subchapter D and shall include the information required by, or necessary for, the Commission and the Secretary, acting within their statutory authority, to make a determination of compliance with:
</P>
<P>(1) Chapter 38-14.1 and Chapter 38-18 of the North Dakota Century Code;
</P>
<P>(2) Article 69-05.2 of the North Dakota Administrative Code (NDAC);
</P>
<P>(3) Applicable terms and conditions of the Federal coal lease;
</P>
<P>(4) Applicable requirements of the Bureau of Land Management's 30 CFR part 211 
<SU>1</SU>
<FTREF/> regulations pertaining to the Mineral Leasing Act; and 
</P>
<FTNT>
<P>
<SU>1</SU> <E T="04">Editorial Note:</E> 30 CFR part 211 was redesignated as 43 CFR part 3480 at 48 FR 41589, Sept. 16, 1983.</P></FTNT>
<P>(5) Applicable requirements of other Federal laws and the Program, including but not limited to those in appendix A of this Agreement. 
</P>
<P>B. <I>Review Procedures:</I> 1. The Commission shall assume primary responsibility for the analysis, review, and approval of permit applications required by 30 CFR Chapter VII, Subchapter D for surface coal mining on Federal lands in North Dakota. OSM shall, as requested, assist the Commission in this analysis and review. 
</P>
<P>2. The Commission shall be the primary point of contact for operators regarding the approval of the permit application package, except on matters concerned exclusively with the 30 CFR part 211 
<SU>1</SU> regulations administered by the Bureau of Land Management. The Commission will be responsible for informing the applicant of all joint State-Federal or Federal determinations, except matters concerned exclusively with the 30 CFR part 211 
<SU>1</SU> regulations. The Commission shall send to the Bureau of Land Management all correspondence with the applicant which may have a bearing on decisions regarding Mineral Leasing Act requirements. Except in exigent circumstances, OSM shall generally not independently initiate contacts with applicants regarding completeness or deficiencies of permit application packages with respect to matters which are properly within the jurisdiction of the Commission. The Commission may arrange for an operator to send written communications and documents regarding a permit application package directly to OSM. The Secretary reserves the right to act independently of the Commission to carry out his responsibilities under laws other than the Federal Act. A copy of any independent correspondence with the applicant required to carry out these responsibilities which may have a bearing on decisions regarding the permit application package shall be sent to the State. 
</P>
<P>3. OSM is responsible for ensuring that any information OSM receives from an applicant regarding the permit application package is sent to the Commission and the Commission will send any information received from the applicant to OSM. OSM shall have access to Commission files for mines on Federal lands. OSM and the Commission shall regularly coordinate with each other during the permit application package review process. 
</P>
<P>4. OSM shall be responsible for obtaining, in a timely manner, the views of all Federal agencies with jurisdiction or responsibility over a permit application package on Federal lands in North Dakota and for making these views known to the Commission within 90 days of the receipt of the application by OSM. The Commission shall keep OSM informed of findings during the review which bear on the responsibilities of other Federal agencies. OSM shall take appropriate steps to facilitate discussions between the Commission and the concerned agencies wherever desirable to resolve issues or problems identified in the review. 
</P>
<P>5. Upon receipt of a permit application package, both OSM and the Commission shall each designate its application manager. The application managers shall serve as the primary point of contact between OSM and the Commission throughout the review process and shall be responsible for identifying areas of avoidable duplication of review and analysis, which shall be eliminated where possible. Not later than 15 days after an application has been received, OSM and the Commission shall discuss the application and agree upon a work plan and schedule for the review of the application. OSM shall thereafter inform the Commission of any specific or general areas of concern, including the scope of required environmental analyses under the National Environmental Policy Act, which require special handling or analysis. The Commission shall likewise inform OSM where OSM assistance will be needed to perform any specific or general analysis or prepare any studies or similar work. 
</P>
<P>6. The Commission shall prepare a technical-environmental analysis on the permit application package. Copies of drafts of this document shall be sent to OSM for review and comment. OSM shall independently evaluate the documents and inform the Commission within 30 days of any changes that should be made. The Commission shall consider the comments of OSM and send a final technical-environmental analysis to OSM which will form the basis for and be included in the decision document which OSM will prepare for the Secretary's consideration. The Commission shall approve or disapprove the permit application by written decision in accordance with the Program. The Secretary's decision on the mining plan and those other Federal responsibilities which cannot be delegated (including but not limited to those listed in appendix A) shall be made concurrently with or as soon as possible after the final decision of the Commission on the permit. The permit issued by the Commission shall condition the initiation of surface coal mining operations on Federal lands within the permit area on obtaining mining plan approval from the Secretary. The Commission shall, in the approved permit, reserve the right to amend or rescind its action to conform with action taken, or with terms or conditions imposed, by the Secretary when approving the mining plan. After the Commission makes its decision on the permit, it shall send a notice to the applicant and OSM with a statement of findings and conclusions in support of the action. 
</P>
<P>7. The Commission may approve and issue permits, permit renewals, and permit revisions for surface disturbances associated with surface coal mining and reclamation operations, and disturbance of the surface may commence without need for an approved mining plan on lands where:
</P>
<P>(a) The surface estate is non-Federal and non-Indian;
</P>
<P>(b) The mineral estate is Federal and is unleased;
</P>
<P>(c) The Commission consults with the Bureau of Land Management through OSM in order to insure that actions are not taken which would substantially and adversely affect the Federal mineral estate; and
</P>
<P>(d) The proposed surface disturbances are planned to support surface coal mining and reclamation operations on adjacent non-Federal lands and this is specified in the permit, permit renewal, or permit revision.
</P>
<P>8. Any permit renewal requested pursuant to applicable State laws and rules for a surface coal mining and reclamation operation on Federal lands, and for which a mining plan has been approved by the Secretary, shall be reviewed and approved or disapproved by the Commission in consultation with OSM for Federal responsibility under other laws. The Commission shall inform OSM and BLM of the approval or disapproval of the renewal and provide OSM and BLM with copies of the application documents.
</P>
<P>9. The Commission shall inform OSM of each permit revision request with respect to surface coal mining and reclamation operations on Federal lands containing leased Federal coal. For other Federal lands, the Commission shall inform the Federal land management agency of each permit revision request. Surface coal mining and reclamation operations shall not occur pursuant to the revision unless the permit revision request has been approved by the Commission and:
</P>
<P>(a) With respect to Federal lands containing leased Federal coal—
</P>
<P>(i) The Secretary has determined that the permit revision does not constitute a mining plan modification, or
</P>
<P>(ii) If the revision does constitute a mining plan modification, the modification has been approved by the Secretary.
</P>
<P>(b) With respect to other Federal lands, the Commission has consulted with the Federal land management agency to ensure that the permit revision is consistent with Federal laws and regulations other than the Act.
</P>
<P>10. When the Commission and OSM cannot resolve differences that develop during permit application package review or cannot agree on the final actions to be taken by the Commission and the Department, the matter shall be referred to the Governor and the Secretary for resolution.
</P>
<HD1>Article VI: Inspections
</HD1>
<P>The Commission shall conduct inspections on Federal lands and prepare and file inspection reports in accordance with the approved Program.
</P>
<P>A. <I>Inspection Reports:</I> The Commission shall, within 15 days of conducting any inspection on Federal lands, file with OSM an inspection report describing (1) the general conditions of the lands under the permit; (2) whether the operator is complying with applicable performance and reclamation requirements; and (3) the manner in which specific operations are being conducted.
</P>
<P>B. <I>Commission Authority:</I> The Commission shall be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by this Agreement, except as described in this Agreement and the Secretary's regulations. Nothing in this Agreement shall prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement.
</P>
<P>C. <I>OSM Authority:</I> For the purpose of evaluating the manner in which this Agreement is being carried out and to insure that performance and reclamation standards are being met, OSM may conduct inspections of surface coal mining and reclamation operations on Federal lands without prior notice to the Commission. In order to facilitate a joint Federal-State inspection, when OSM is responding to a citizen complaint of an imminent danger to the health or safety of the public or of a significant, imminent environmental harm pursuant to 30 CFR 842.11(b)(1)(i), it will contact the Commission if circumstances and time permit, prior to the Federal inspection. The Department may conduct any inspections necessary to comply with 30 CFR part 842 and 30 CFR 740.17 (as 30 CFR 740.17 relates to obligations under laws other than the Federal Act). If an inspection is made without Commission inspectors, OSM shall provide the Commission with a copy of the inspection report within 15 days after the inspections.
</P>
<P>D. <I>Witness Availability:</I> Personnel of the State and the Department shall be mutually available to serve as witnesses in enforcement actions taken by either party.
</P>
<HD1>Article VII: Enforcement
</HD1>
<P>A. <I>Commission Enforcement:</I> The Commission shall have primary enforcement authority on Federal lands in accordance with the Program and this Agreement. During any joint inspection by OSM and the Commission, the Commission shall take appropriate enforcement action, including issuance of orders of cessation and notices of violation. OSM and the Commission shall consult prior to issuance of any decision to suspend or revoke a permit. 
</P>
<P>B. <I>Notification:</I> The Commission and OSM shall promptly notify each other of all violations of applicable laws, regulations, orders, approved mining and reclamation plans and permits subject to this Agreement and of all actions taken with respect to such violations. 
</P>
<P>C. <I>Secretary's Authority:</I> (1) This Agreement does not affect or limit the Secretary's authority to enforce violations of laws other than the Federal Act. (2) During any inspection made solely by OSM or any joint inspection where the Commission and OSM fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action shall be based on the substantive standards included in the approved Program and shall be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845.
</P>
<HD1>Article VIII: Bonds
</HD1>
<P>A. <I>Bond Coverage and Terms:</I> The Commission and OSM shall require all operators on Federal lands to submit a single performance bond to cover the operator's responsibilities under the Federal Act and the Program, payable to both the United States and North Dakota. The performance bond shall be of sufficient amount to comply with the requirements of both State and Federal law and release of the performance bond shall be conditioned upon compliance with all applicable requirements. If this Agreement is terminated, the bond will continue in effect and to the extent that Federal lands are involved will be payable to the United States. 
</P>
<P>Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43 CFR subpart3474 or a lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of the Federal Act. 
</P>
<P>B. <I>Bond Release:</I> The Commission shall obtain OSM's concurrence prior to releasing the operator from any performance bonding obligation required under the Program for any Federal lands containing leased Federal coal. For surface coal mining and reclamation operations on other Federal lands, the Commission shall obtain the concurrence of the Federal land management agency prior to releasing the performance bond. The Commission shall advise OSM of any release of and adjustments made to the performance bond. 
</P>
<P>C. <I>Forfeiture:</I> The operator's performance bond shall be subject to forfeiture with the consent of OSM, in accordance with the procedures and requirements of the Program. 
</P>
<HD1>Article IX: Designation of Lands as Unsuitable 
</HD1>
<P>The Commission and OSM shall cooperate in the review and processing of petitions to designate lands as unsuitable for surface coal mining operations. When either agency receives a petition which could have an impact on lands the designation of which as unsuitable for mining would be the responsibility of the other agency, the agency shall: (1) Notify the other of its receipt of the petition and of the anticipated schedule for reaching a decision; and (2) request and fully consider data, information and views of the other. The authority to designate Federal lands as unsuitable for mining is reserved to the Secretary or his designated representative.
</P>
<HD1>Article X: Termination of Cooperative Agreement 
</HD1>
<P>This Agreement may be terminated as follows: 
</P>
<P>A. <I>Termination by the State:</I> The Agreement may be terminated by the Commission upon written notice to the Secretary, specifying the date upon which the Agreement shall be terminated. The date of termination shall not be less than 90 days from the date of the notice. 
</P>
<P>B. <I>Termination by the Secretary:</I> This Agreement may be terminated by the Secretary according to the following procedures: 
</P>
<P>1. A written notice from the Secretary to the Commission shall specify the grounds upon which he proposes to terminate the Agreement. In addition, a written notice containing the grounds for termination shall be published in the <E T="04">Federal Register</E> affording the Commission and the public a minimum of 30 days for comment. 
</P>
<P>2. A written notice in the <E T="04">Federal Register</E> and a local newspaper of general circulation shall also specify the date and place within the State of North Dakota where the Commission and the public shall be afforded the opportunity for a hearing. The date of such hearing shall not be less than 30 days from the date of publication in the <E T="04">Federal Register.</E> Prior to the time fixed for public hearing, representatives of the Commission may be permitted to appear and confer in person with representatives of the Secretary and present oral or written statements, and any other documents relative to the proposed termination. 
</P>
<P>3. The proposed termination hearing shall be conducted by OSM and a record shall be made of the hearing. The Commission shall be entitled to have legal, and technical and other representatives present at the hearing, and may present, either orally or in writing, evidence, information, testimony, documents, records or materials as may be relevant to the issues involved. 
</P>
<P>4. The Secretary's decision shall be made after the hearing and close of the comment period. 
</P>
<P>5. A decision to terminate the Agreement may be made if the Secretary finds in writing that: 
</P>
<P>(a) The Commission has substantially failed to comply with the requirements of the Federal Act, 30 CFR parts 740-746, the Program, or provisions of this Agreement; or 
</P>
<P>(b) The Commission has failed to comply with any undertaking by the Commission in this Agreement upon which the approval of the Program, this Agreement, or grants by OSM for administration or enforcement of the Program or this Agreement were based. 
</P>
<P>6. The Secretary shall send written notice of the decision and findings to the Commission and publish notice of it in the <E T="04">Federal Register.</E> 
</P>
<P>7. This Agreement shall terminate not less than 60 days after publication of the notice of the decision to terminate in the <E T="04">Federal Register.</E> The Commission may remedy any failure during the 60-day period. If the Secretary determines that the State has taken effective remedial action, the Agreement will not terminate. 
</P>
<P>C. <I>Termination by Operation of Law:</I> This Agreement shall terminate by operation of law under either of the following circumstances: 
</P>
<P>1. When no longer authorized by Federal law or North Dakota laws and regulations; or 
</P>
<P>2. Upon termination or withdrawal of the Secretary's approval of the Program pursuant to 30 CFR part 733.
</P>
<P>D. <I>Mutual Termination:</I> This Agreement may be terminated at any time upon mutual agreement by the Secretary and the Commission. 
</P>
<HD1>Article XI: Reinstatement of Cooperative Agreement
</HD1>
<P>If this Agreement has been terminated as provided in Article X, it may be reinstated upon application by the Commission and upon its giving evidence satisfactory to the Secretary that the Commission can and will comply with all the provisions of the Agreement and that the Commission has remedied all defects in administration for which this Agreement was terminated.
</P>
<HD1>Article XII: Amendments to Cooperative Agreement
</HD1>
<P>This Agreement may be amended by mutual agreement of the Commission and the Secretary. An amendment proposed by one party shall be submitted to the other with a statement of the reasons for such proposed amendment. The amendment shall be adopted or rejected in accordance with the requirements of 30 CFR 745.11. The party to whom the proposed amendment is submitted shall signify its acceptance or rejection of the proposed amendment and if rejected shall state the reason for rejection.
</P>
<HD1>Article XIII: Changes in State or Federal Standards
</HD1>
<P>A. <I>Time for Change:</I> The Secretary or the State may from time to time promulgate new Federal or State regulations, including new or revised performance or reclamation requirements or enforcement or administration procedures. OSM and the Commission shall immediately inform each other of any final changes in their respective laws or regulations as provided in 30 CFR part 732. Each party shall, if it is determined to be necessary to keep this Agreement in force, change or revise its regulations and request necessary legislative action. Such changes shall be made under the procedures of 30 CFR part 732 for changes to the Program and section 501 of the Federal Act for changes to the Federal lands program.
</P>
<P>B. <I>Copies of Changes:</I> The State and OSM shall provide each other with copies of any changes to their respective laws, rules, regulations, and standards pertaining to the enforcement and administration of this Agreement.
</P>
<HD1>Article XIV: Changes in Personnel and Organization
</HD1>
<P>The Commission and the Secretary shall, consistent with 30 CFR part 745, advise each other of changes in the organization, structure, functions, duties, and funds of the offices, departments, divisions, and persons within their organizations which could affect administration and enforcement of this Agreement. Each shall promptly advise the other in writing of changes in key personnel, including the head of a department or division, or changes in the functions or duties of persons occupying the principal offices within the structure of the program. The Commission and OSM shall advise each other in writing of changes in the location of offices, addresses, telephone numbers, and changes in the names, location and telephone numbers of their respective mine inspectors and the area within the State for which such inspectors are responsible.
</P>
<HD1>Article XV: Reservation of Rights
</HD1>
<P>In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under other laws or regulations, including but not limited to those listed in appendix A.
</P>
<HD1>Article XVI: Definitions
</HD1>
<P>Terms and phrases used in this Agreement which are defined in 30 CFR part 700, 701 and 740 shall be given the meanings set forth in those definitions.
</P>
<P>Approved:
</P>
<FRP>James G. Watt,
</FRP>
<FRP><I>Secretary of the Interior.</I>
</FRP>
<P>Dated: August 11, 1983.
</P>
<FRP>Allen I. Olson,
</FRP>
<FRP><I>Governor of North Dakota.</I>
</FRP>
<P>Dated: August 30, 1983.
</P>
<FRP>Bruce Hagen,
</FRP>
<FRP><I>President, North Dakota Public Service Commission.</I>
</FRP>
<P>Dated: August 30, 1983.
</P>
<FRP>Leo M. Reinbold,
</FRP>
<FRP><I>Commissioner, North Dakota Public Service Commission.</I>
</FRP>
<P>Dated: August 30, 1983.
</P>
<FRP>Dale Sandstrom,
</FRP>
<FRP><I>Commissioner, North Dakota Public Service Commission.</I>
</FRP>
<P>Dated: August 30, 1983.
</P>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701, <I>et seq.</I>, and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181, <I>et seq.</I>, and implementing regulations including 30 CFR part 211 <I>et seq.</I>
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321, <I>et seq.</I>, and implementing regulations including 40 CFR 1500 <I>et seq.</I>
</P>
<P>4. The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.</I>, and implementing regulations including 50 CFR part 402.
</P>
<P>5. The National Historic Preservation Act of 1966, 16 U.S.C. 470, <I>et seq.</I>, and implementing regulations, including 36 CFR part 800.
</P>
<P>6. The Clean Air Act, 42 U.S.C. 7401, <I>et seq.</I>, and implementing regulations.
</P>
<P>7. The Federal Water Pollution Control Act, 33 U.S.C. 1251, <I>et seq.</I>, and implementing regulations.
</P>
<P>8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.</I>, and implementing regulations.
</P>
<P>9. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469, <I>et seq.</I>
</P>
<P>10. Executive Order 11593, Cultural Resource Inventories on Federal Lands.
</P>
<P>11. Executive Order 11988 (May 24, 1977), for flood plain protection. Executive Order 11990 (May 24, 1977), for wetlands protections.
</P>
<P>12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C 351, <I>et seq.</I>, and implementing regulations.
</P>
<P>13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291, <I>et seq.</I>
</P>
<P>14. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa., <I>et seq.</I>
</P>
<P>15. The Constitution of the United States.
</P>
<P>16. The Constitution of the State of North Dakota, State law, and rules.</P></EXTRACT>
<CITA TYPE="N">[48 FR 41395, Sept. 15, 1983, as amended at 53 FR 11501, Apr. 7, 1988] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="935" NODE="30:3.0.1.18.104" TYPE="PART">
<HEAD>PART 935—OHIO
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 935.1" NODE="30:3.0.1.18.104.0.1.1" TYPE="SECTION">
<HEAD>§ 935.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Ohio that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[47 FR 34717, Aug. 10, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 935.10" NODE="30:3.0.1.18.104.0.1.2" TYPE="SECTION">
<HEAD>§ 935.10   State regulatory program approval.</HEAD>
<P>The Ohio State regulatory program as submitted on February 29, 1980, and resubmitted on January 22, 1982, is conditionally approved, effective August 16, 1982. Beginning on that date, the Department of Natural Resources shall be deemed the regulatory authority in Ohio for all surface coal mining and reclamation operations on non-Indian and non-Federal lands. Only surface coal mining and reclamation operations on non-Indian and non-Federal lands shall be subject to the provisions of the Ohio permanent regulatory program. Copies of the approved program, as amended, are available at:
</P>
<P>(a) Ohio Department of Natural Resources, Division of Reclamation, Building H-2, 1855 Fountain Square Court, Columbus, Ohio 43224.
</P>
<P>(b) [Reserved] 
</P>
<CITA TYPE="N">[48 FR 23193, May 24, 1983, as amended at 59 FR 17930, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 935.11" NODE="30:3.0.1.18.104.0.1.3" TYPE="SECTION">
<HEAD>§ 935.11   Conditions of State regulatory program approval.</HEAD>
<P>The approval of the Ohio State program is subject to the State revising its program to correct the deficiencies listed in this section. The program revisions may be made, as appropriate, to the statute, the regulations, the program narrative, or the Attorney General's opinion. This section indicates, for the general guidance of the State, the component of the program to which the Secretary requires the change be made.
</P>
<P>(a)-(e) [Reserved] 
</P>
<P>(f) Steps will be taken to terminate the approval found in § 935.10.
</P>
<P>(g) [Reserved]
</P>
<P>(h) Steps will be taken to terminate the approval found in § 935.10: 
</P>
<P>(1) Unless Ohio submits to the Secretary by September 30, 1985, a revised program amendment that demonstrates how the alternative bonding system will assure timely reclamation at the site of all operations for which bond has been forfeited.
</P>
<P>(i)-(j) [Reserved] 
</P>
<P>(k) Steps will be initiated to terminate the approval found in § 935.10.
</P>
<P>(l)-(m) [Reserved] 
</P>
<CITA TYPE="N">[47 FR 34717, Aug. 10, 1982, as amended at 48 FR 1958, Jan. 17, 1983; 48 FR 23193, May 24, 1983; 48 FR 46027, Oct. 11, 1983; 48 FR 46531, Oct. 13, 1983; 49 FR 18482, May 1, 1984; 49 FR 37590, Sept. 25, 1984; 49 FR 43953, Nov. 1, 1984; 50 FR 25710, June 21, 1985]


</CITA>
</DIV8>


<DIV8 N="§ 935.12" NODE="30:3.0.1.18.104.0.1.4" TYPE="SECTION">
<HEAD>§ 935.12   State statutory, regulatory, and proposed program amendments not approved.</HEAD>
<P>(a) In OAC 1513-3-07(A), we are not approving the following sentence: “A petition for leave to intervene must be filed at least ten days prior to the beginning of an evidentiary hearing on the merits of an appeal, unless waived by the commission for extraordinary cause.”
</P>
<P>(b) In OAC 1513-3-07(D) (4), we are not approving the deletion of the following sentence: “The effect of intervention on the agency's implementation of its statutory mandate.”
</P>
<CITA TYPE="N">[83 FR 43983, Aug. 29, 2018]




</CITA>
</DIV8>


<DIV8 N="§ 935.15" NODE="30:3.0.1.18.104.0.1.5" TYPE="SECTION">
<HEAD>§ 935.15   Approval of Ohio regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 16, 1982</TD><TD align="left" class="gpotbl_cell">January 17, 1983</TD><TD align="left" class="gpotbl_cell">OAC:13-1-01.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 13, 1982</TD><TD align="left" class="gpotbl_cell">January 31, 1983, July 22, 1983</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02(E), -07; 13-4-03 through -05.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 6, 1983</TD><TD align="left" class="gpotbl_cell">May 24, 1983</TD><TD align="left" class="gpotbl_cell">ORC as amended by SB 240 and 323.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 10, 1983, August 11, 1983, August 22, 1983</TD><TD align="left" class="gpotbl_cell">October 6, 1983</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02; 13-4-04, -05, -13, -14; 13-9-04; 13-12-03, -04.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 18, 1983</TD><TD align="left" class="gpotbl_cell">October 13, 1983</TD><TD align="left" class="gpotbl_cell">ORC 1513:01(G)(2), (U); -13(A)(1), (C)(1), (3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 30, 1984</TD><TD align="left" class="gpotbl_cell">April 23, 1984</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-13(K)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 8, 1984</TD><TD align="left" class="gpotbl_cell">May 1, 1984</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-15(E)(5); ORC1513-101(J), (k), (L).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 28, 1983</TD><TD align="left" class="gpotbl_cell">June 5, 1984</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-14-01.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 5, 1984</TD><TD align="left" class="gpotbl_cell">August 8, 1984</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-14-05.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 15, 1984</TD><TD align="left" class="gpotbl_cell">September 25, 1984</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-04(I), (L), -13(I), (J), (L); 13-9-04(B)(5), (G)(15); and Division Advisory Memo No. 31.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 23, 1984</TD><TD align="left" class="gpotbl_cell">November 1, 1984</TD><TD align="left" class="gpotbl_cell">ORC contained in Substitute House Bill No. 164.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 9, 1984</TD><TD align="left" class="gpotbl_cell">November 7, 1984</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-13(E)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 17, 1984</TD><TD align="left" class="gpotbl_cell">December 31, 1984</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-2-15.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 10 and 23, 1984</TD><TD align="left" class="gpotbl_cell">March 18, 1985</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-06.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 11, 1984, July 23, 1984</TD><TD align="left" class="gpotbl_cell">May 23, 1985</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-14-01; ORC 1513-3-01 through -22.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 3, 1985</TD><TD align="left" class="gpotbl_cell">September 18, 1985</TD><TD align="left" class="gpotbl_cell">OAC 1513-3-01 through -22.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 15, 1985</TD><TD align="left" class="gpotbl_cell">April 9, 1986, June 9, 1986</TD><TD align="left" class="gpotbl_cell">ORC 1513.02, .07, .08, .10, .16, .18, .20, .25, .27 through .33, .37, .181; 5749.02, .021.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 15, 1986</TD><TD align="left" class="gpotbl_cell">May 6, 1986</TD><TD align="left" class="gpotbl_cell">OAC 1513-3-01 through 04, 16, 17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 26, 1985</TD><TD align="left" class="gpotbl_cell">July 17, 1986</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-3-05; 13-4-04, -13; 13-9-04.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 6, 1984</TD><TD align="left" class="gpotbl_cell">July 28, 1986</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-14-03.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 3, 1986</TD><TD align="left" class="gpotbl_cell">September 18, 1986</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-05, 14; 13-9-07.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 10, 1986</TD><TD align="left" class="gpotbl_cell">October 29, 1986</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-06.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 8, 1986</TD><TD align="left" class="gpotbl_cell">March 5, 1987</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-07.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 1, 1986, January 13, 1987</TD><TD align="left" class="gpotbl_cell">June 19, 1987</TD><TD align="left" class="gpotbl_cell">OAC1501:13-7-03(B)(5)(g), (7)(h).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 16, 1986</TD><TD align="left" class="gpotbl_cell">July 17, 1987</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-01, -02, -07, -10, -13; 13-3-02 through -07; 13-4-01 through -04, -06, -08, -12, -13, -14; 13-5-01; 13-6-03; 13-7-01 through -08; 13-8-0; 13-9-01, -04, -06, -08, -09, -10 (formerly 13-14-05), -11, -13, -14, -15; 13-10-01; 13-13-02 through -06, -08; 13-14-01 through -05; 1513-3-03, -08; ORC 1513.16(H)(2), (3), .18(F).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 28, 1987</TD><TD align="left" class="gpotbl_cell">August 10, 1987</TD><TD align="left" class="gpotbl_cell">OAC 1513-3-02, -03, -04, -08, -19, -21.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 26, 1987</TD><TD align="left" class="gpotbl_cell">December 9, 1987</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 16, 1987</TD><TD align="left" class="gpotbl_cell">March 10, 1988</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-7-03(B)(5)(g).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 16, 1987</TD><TD align="left" class="gpotbl_cell">May 27, 1988</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02(M), (PP), (YY); 13-3-03 (C), (G), -04(E); 13-4-01(B), -04(A), (K)(7), -05(K), -13(A), (K)(7), -14(J); 13-5-01(E)(16).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 24, 1988</TD><TD align="left" class="gpotbl_cell">July 14, 1988</TD><TD align="left" class="gpotbl_cell">OAC 1513:1513-3-21(E) (3), (4), (5).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 24, 1988, August 23, 1988</TD><TD align="left" class="gpotbl_cell">December 22, 1988</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02; 13-4-03, -04, -05; 13-4-13, -14; 13-7-03, -04, -05, -07(B); 13-9-04, -07, -09, -14, -15; 13-10-01; 13-14-02, -05.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 8, 1988, July 1, 1988</TD><TD align="left" class="gpotbl_cell">January 30, 1989</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-02(B)(1)(b), (B)(1)(c), (C)(1), (C)(1)(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 17, 1987</TD><TD align="left" class="gpotbl_cell">February 21, 1989</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-15(A)(1)(a), (F)(8), (e)(i), (f)(i), (F)(9) through (12).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 3, 1987</TD><TD align="left" class="gpotbl_cell">December 15, 1989</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-15(F)(4)(c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 26, 1989</TD><TD align="left" class="gpotbl_cell">January 31, 1990</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-15(A)(1)(a), (F), (G), (H), (I)(2)(c), (4)(c), (8), (b), (f)(i), (I)(9).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 2, 1989</TD><TD align="left" class="gpotbl_cell">April 20, 1990</TD><TD align="left" class="gpotbl_cell">ORC 1513.02(J), .08(A), .18(B), (C), (F), (H), .24, .37(J).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 11, 1989</TD><TD align="left" class="gpotbl_cell">June 5, 1990</TD><TD align="left" class="gpotbl_cell">ORC 1513.05, .13(E), (F); OAC 1513-3-21.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 5, 1989</TD><TD align="left" class="gpotbl_cell">July 20, 1990</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-7-01(A)(4), (5), (6)(a)(i), (ii), -05(A)(1), (2)(b), (iv), (c)(ii), (B)(2)(c), (4) through (4)(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 20, 1988</TD><TD align="left" class="gpotbl_cell">July 25, 1990</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-3-07(B)(8); 13-4-01(B); 13-7-01(A)(6)(c)(ii), -05(A)(3), (5)(b)(i), (B)(2)(e); 13-9-07(K)(1)(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 11, 1990</TD><TD align="left" class="gpotbl_cell">August 21, 1990</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-7-06(F).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 1, 1989</TD><TD align="left" class="gpotbl_cell">September 18, 1990</TD><TD align="left" class="gpotbl_cell">OAC 13-1-02, 03; 13-4-14; 13-5-01; 13-7-04, -05; 13-9-11; 13-14-06.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 20, 1989</TD><TD align="left" class="gpotbl_cell">September 24, 1990</TD><TD align="left" class="gpotbl_cell">ORC 1513.07, .16; OAC 1501:13-4-15(A) through (I).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 11, 1990</TD><TD align="left" class="gpotbl_cell">February 21, 1991</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-15(I)(2)(c)(ii).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 7, 1990</TD><TD align="left" class="gpotbl_cell">February 26, 1991</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-10-01(G)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 15, 1990</TD><TD align="left" class="gpotbl_cell">April 19, 1991</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-03(A), (B), (C); 13-5-01(A)(4)(a), (D), and letter of interpretation dated April 1, 1991 (Administrative Record Number OH-1498), (E)(8), (F), (G)(5), (H)(5), -02; 13-14-02(A)(8), (C)(7), (D)(1)(c), (I); ORC 1513.07(E)(6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 31, 1991</TD><TD align="left" class="gpotbl_cell">May 21, 1991, June 6, 1991</TD><TD align="left" class="gpotbl_cell">OAC 1501:03-9-13.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 1, 1991</TD><TD align="left" class="gpotbl_cell">May 30, 1991</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-11(D)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 31, 1989</TD><TD align="left" class="gpotbl_cell">October 21, 1991</TD><TD align="left" class="gpotbl_cell">ORC 1513.07(B)(4); OAC 1501:13-6-03(C)(1)(b), (I)(1)(d), (I)(1)(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 23, 1991</TD><TD align="left" class="gpotbl_cell">December 9, 1991</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-14-02(A)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 16, 1987, October 12, 1990</TD><TD align="left" class="gpotbl_cell">April 13, 1992</TD><TD align="left" class="gpotbl_cell">ORC 1513.01(G)(1)(a); 1513.07(E)(5), (6); OAC 1501:13-1-02(S)(1)(a); 13-4-16; 13-5-03; 13-14-01; OAC 1513.16(F)(3)(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 16, 1990</TD><TD align="left" class="gpotbl_cell">July 27, 1992</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02(E)(1)(d), (YYYY); 13-4-05(H)(2)(c), (M)(1)(d), (e), (2), -14(H)(2)(c), (L)(1)(d), (e), (2); 13-9-04(G)(3)(b)(i), (ii), (iii), (H)(1)(c), (h)(i), (ii), (iii), (2)(h), (3)(b); 13-9-09(C)(2)(b), (5), 15(F) through (I)(2)(c)(i), (ii), (3)(c); 13-10-01(B)(1), (D)(1), (F) (5), (6), (G)(1), (G)(3), (G)(4); 13-11-02(A); ORC 1513.01(G)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 22, 1991, September 10, 1991</TD><TD align="left" class="gpotbl_cell">August 18, 1992</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-04(H)(1)(i), (2)(d), (e), (g), (h), -07(H).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 12, 1992</TD><TD align="left" class="gpotbl_cell">September 11, 1992</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-01(D)(1), (2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 11, 1991</TD><TD align="left" class="gpotbl_cell">October 28, 1992</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-7-06(A), (1), (4), (B), (1), (2)(b), (C), (1), (2), (a), (b), (c), (C)(3), (4), (E)(1), (E)(4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 30, 1992</TD><TD align="left" class="gpotbl_cell">January 12, 1993</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-13-06(A).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 12, 1992, June 22, 1992</TD><TD align="left" class="gpotbl_cell">January 14, 1993</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-5-01(A)(4)(a), 13-9-15(J)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 9, 1992</TD><TD align="left" class="gpotbl_cell">April 23, 1993</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-01(B).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 7, 1992, March 2, 1992</TD><TD align="left" class="gpotbl_cell">June 11, 1993</TD><TD align="left" class="gpotbl_cell">ORC 1513.02(F)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 5, 1993</TD><TD align="left" class="gpotbl_cell">June 22, 1993</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02 (HHHH), 13-4-15(B)(5), (I)(2)(a), (3)(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 11, 1993</TD><TD align="left" class="gpotbl_cell">August 16, 1993</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-15.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 15, 1993</TD><TD align="left" class="gpotbl_cell">September 3, 1993</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-02(C)(2) through (K).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 1, 1992, June 11, 1993</TD><TD align="left" class="gpotbl_cell">May 2, 1994</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-06(E)(2)(g), 13-9-15, 17(B); Ohio Department of Natural Resources Guidelines for Evaluating Revegetation Success; Division of Reclamation Policy/Procedure Directive, Regulatory 94-2.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 17, 1994</TD><TD align="left" class="gpotbl_cell">July 27, 1994</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 15, 1993</TD><TD align="left" class="gpotbl_cell">September 1, 1994</TD><TD align="left" class="gpotbl_cell">Program Amendment Number 63.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 23, 1994</TD><TD align="left" class="gpotbl_cell">October 12, 1994</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-05, -10(B)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 4, 1993</TD><TD align="left" class="gpotbl_cell">November 15, 1994</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-05(E)(1)(g), (H)(1)(b)(iv), (c)(iv), -14(E)(1)(f), (H)(1)(b)(iv), (c)(iv); 13-9-04(B)(1)(a), (b), (G)(2)(e); Ohio's Policy/Procedure Directive, Inspection and Enforcement 93-4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 19, 1994</TD><TD align="left" class="gpotbl_cell">May 11, 1995</TD><TD align="left" class="gpotbl_cell">Combined Program Amendments 25R and 56R: Ohio Guidelines for Evaluating Revegetation Success.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 17, 1994</TD><TD align="left" class="gpotbl_cell">May 12, 1995</TD><TD align="left" class="gpotbl_cell">Program Amendment 68R: Contemporaneous Reclamation.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 22, 1994</TD><TD align="left" class="gpotbl_cell">July 17, 1995</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-03(D)(2), (I)(1), (J)(1), (L)(1), (2), (3) (Financial interest statements); 13-7-05(A)(2)(b)(ii), (c)(ii), (B)(2)(c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 28, 1995</TD><TD align="left" class="gpotbl_cell">July 25, 1995</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-14-01.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 2, 1995</TD><TD align="left" class="gpotbl_cell">November 9, 1995</TD><TD align="left" class="gpotbl_cell">Program Amendment 63R: Ohio regulatory and Abandoned Mine Land reclamation programs.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 3, 1995</TD><TD align="left" class="gpotbl_cell">February 28, 1996</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-15(d)(2); Policy Directives 92-3, 93-4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 23, 1996</TD><TD align="left" class="gpotbl_cell">September 4, 1996</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-12(G)(3)(d), (4)(f), (i); 13-09-08(A)(1), (B); 13-13-01.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 17, 1996</TD><TD align="left" class="gpotbl_cell">October 29, 1996</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-14-01(A)(2)(b), (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 26, 1996</TD><TD align="left" class="gpotbl_cell">February 28, 1997</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02(OOO), (JJJJJJ); 13-4-08(A)(15), -10(A)(6), -12(L), -15(B); 13-5-01(D)(7), (D), (E)(19), (A), (B), (C); 13-9-15(F)(2), (A), (3), (a), (4)(d), (G)(3)(a), (H)(2), (I)(6), (J)(1)(b), (L), (2), (M)(4), (O), (1) through (6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 3, 1996</TD><TD align="left" class="gpotbl_cell">October 14, 1997</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-6-03, (A)(1) (a) through (f), (B), (1), (2), (F)(2), (a) through (f), (C)(2), (a), (b), (D)(9), (10), (11).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 24, 1997</TD><TD align="left" class="gpotbl_cell">February 24, 1998</TD><TD align="left" class="gpotbl_cell">ORC 1513.13(E).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 11, 1993</TD><TD align="left" class="gpotbl_cell">September 29, 1998</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-15(F)(4)(c), (F)(5), and (F)(6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 30, 1997</TD><TD align="left" class="gpotbl_cell">December 4, 1998</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-4-05, 1501:13-4-12, 1501:13-4-14, 1501: 13-7-05, 1501:13-9-04.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 21, 1999</TD><TD align="left" class="gpotbl_cell">April 13, 1999</TD><TD align="left" class="gpotbl_cell">OAC 1513-3-21.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 16, 1999</TD><TD align="left" class="gpotbl_cell">November 22, 1999</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-04.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 11, 2003</TD><TD align="left" class="gpotbl_cell">October 3, 2003</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-9-10 (A)(1), (3), (B), (B)(7), (9), (14), (14)(e), (C)(1), (2), (3), (4), (5), (D)(1), (2)(b), (E)(1), (2), (5), (F)(1), (1)(b), (1)(f), (3), (4), (4)(a), (4)(b), and (4)(c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 7, 2003</TD><TD align="left" class="gpotbl_cell">September 27, 2004</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-02(A), (D), (N), (O), (R), (MMMM), (OOOO); 1501:13-4- 15(C)(2)(a),(b),(c); (C)(3)(b); (E)(3); (F)(1), (H)(3)(c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 30, 2006</TD><TD align="left" class="gpotbl_cell">May 9, 2007</TD><TD align="left" class="gpotbl_cell">OAC 1501:13-1-03(D)(2), (I)(1), (J)(1), (L)(1), (L)(2), and the deletion of (L)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 22, 2009</TD><TD align="left" class="gpotbl_cell">November 29, 2010</TD><TD align="left" class="gpotbl_cell">OAC 1513-3-01; 3-02(B); 3-02(D)(4); 3-02(H)-(I)(1); 3-03(C); 3-04(B)(7); 3-04(H); 3-08(F); 3-09(B)-(C); 3-10(C); 3-11(A)(4); 3-11(C); 3-11(E)-(G); 3-12(A)-(C); 3-13(C)(2)-(3); 3-14(A)(2)-(4); 3-16(E)(2); 3-16(F)(2); 3-16(G); 3-16(I); 3-18(F); 3-19(A); 3-19(F); 3-19(I). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 30, 2012</TD><TD align="left" class="gpotbl_cell">October 19, 2015</TD><TD align="left" class="gpotbl_cell">OAC §§ 1501:13-1-02; -14-02; -14-06; -4-03; -4-06; -5-02; -1-14. Changes to Definitions, Ownership and Control, Permit and Application Information and Transfer, assignment or Sale of Permit Rights, and Improvidently Issued Permit procedures.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 6, 2013</TD><TD align="left" class="gpotbl_cell">August 29, 2018</TD><TD align="left" class="gpotbl_cell">OAC 1513-3-01 through 1513-3-22, except for a portion of OAC 1513-3-07(A) and the deletion of OAC 1513-3-07(D)(4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 13, 2018</TD><TD align="left" class="gpotbl_cell">September 20, 2023</TD><TD align="left" class="gpotbl_cell">OAC 1513-3-01 Definitions. Addition of definitions of “Amicus curiae”, “Ex parte communication”, “In camera”, “Pro hac vice”, “Subpoena ad testificandum”, “Subpoena duces tecum”. OAC 1513-3-06(A)(4) Computation and Extension of Time.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 8, 2021</TD><TD align="left" class="gpotbl_cell">November 17, 2025</TD><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9950, Mar. 5, 1997, as amended at 62 FR 53234, Oct. 14, 1997; 63 FR 9139, Feb. 24, 1998; 63 FR 51833, Sept. 29, 1998; 63 FR 66989, Dec. 4, 1998; 64 FR 17981, Apr. 13, 1999; 64 FR 63690, Nov. 22, 1999; 68 FR 57356, Oct. 3, 2003; 69 FR 57647, Sept. 27, 2004; 72 FR 26295, May 9, 2007; 75 FR 72951, Nov. 29, 2010; 80 FR 63125, Oct. 19, 2015; 83 FR 43983, Aug. 29, 2018; 88 FR 64809, Sept. 20, 2023; 90 FR 51115, Nov. 17, 2025]



</CITA>
</DIV8>


<DIV8 N="§ 935.16" NODE="30:3.0.1.18.104.0.1.6" TYPE="SECTION">
<HEAD>§ 935.16   Required regulatory program amendments.</HEAD>
<P>(a) By December 18, 2015, Ohio shall amend its program, or provide a written description of an amendment together with a timetable for enactment which is consistent with established administrative or legislative procedures in the State, to require permit applications to list all unabated “violation notices”, as that term is defined in the Ohio approved program.
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[80 FR 63125, Oct. 19, 2015]


</CITA>
</DIV8>


<DIV8 N="§ 935.20" NODE="30:3.0.1.18.104.0.1.7" TYPE="SECTION">
<HEAD>§ 935.20   Approval of Ohio abandoned mine land reclamation plan.</HEAD>
<P>The Ohio Abandoned Mine Land Reclamation Plan, as submitted on October 20, 1980, and as revised on November 21, 1980, November 2, 1981, and January 22, 1982, is approved effective August 10, 1982. Copies of the approved plan are available at the following locations:
</P>
<P>(a) Ohio Department of Natural Resources, Division of Reclamation, Building H-2, 1855 Fountain Square Court, Columbus, Ohio 43224. 
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Eastland Professional Plaza, 4480 Refugee Road, suite 201, Columbus, Ohio 43232.
</P>
<CITA TYPE="N">[59 FR 17930, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 935.25" NODE="30:3.0.1.18.104.0.1.8" TYPE="SECTION">
<HEAD>§ 935.25   Approval of Ohio abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 6, 1983</TD><TD align="left" class="gpotbl_cell">May 24, 1983</TD><TD align="left" class="gpotbl_cell">ORC 1513.37(D)(2), (4), (5), (J).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 20, 1986</TD><TD align="left" class="gpotbl_cell">August 17, 1987</TD><TD align="left" class="gpotbl_cell">Ohio AMLR Plan 3.7.4, 3.9.1; RAMP Committee role; AMLR program staff organization.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 2, 1989</TD><TD align="left" class="gpotbl_cell">April 20, 1990</TD><TD align="left" class="gpotbl_cell">ORC 1513.02(J), .08(A), .18(B), (C), (F), (H), .24, .37(J). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 19, 1992</TD><TD align="left" class="gpotbl_cell">September 24, 1992</TD><TD align="left" class="gpotbl_cell">AML emergency program; ORC 1513.37(C)(1), (L)(1), (2); OAC 1501:13-6-03(C)(1)(b), (I)(1)(d), (e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 19, 1996</TD><TD align="left" class="gpotbl_cell">March 26, 1997</TD><TD align="left" class="gpotbl_cell">Revisions to the Ohio Abandoned Mine Land Reclamation Plan to provide for the reclamation of areas causing acid mine drainage AMD and to revise the project selection process.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 17, 2017</TD><TD align="left" class="gpotbl_cell">September 30, 2024</TD><TD align="left" class="gpotbl_cell">Repeal and replace Certified AML Plan to be consistent with changes to Federal program and update to reflect current agency conditions/practices, structure and organization.
<br/>Revision of ORC 1513.27, 1513.28, 1513.30, 1513.31, 1513.32, 1513.37.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9951, Mar. 5, 1997, as amended at 62 FR 14310, Mar. 26, 1997; 62 FR 32687, June 17, 1997; 89 FR 79441, Sept. 30, 2024]



</CITA>
</DIV8>


<DIV8 N="§ 935.30" NODE="30:3.0.1.18.104.0.1.9" TYPE="SECTION">
<HEAD>§ 935.30   State-Federal Cooperative Agreement.</HEAD>
<P>The Governor of the State of Ohio, acting through the Department of Natural Resources, Division of Reclamation (Division), and the Secretary of the Department of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement (OSMRE), enter into a Cooperative Agreement (Agreement) to read as follows:
</P>
<EXTRACT>
<HD1>Article I: Introduction, Purpose, and Responsible Administrative Agency
</HD1>
<P>A. Authority: This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement with the Secretary of the Department of the Interior for State regulation of surface coal mining and reclamation operations on Federal lands. This Agreement provides for State regulation of surface coal mining and reclamation operations and of coal exploration operations not subject to 43 CFR part 3480, subparts 3480 through 3487, on Federal lands in Ohio which are under the jurisdiction of the United States Department of Agriculture, Forest Service, except those lands containing leased Federal coal, consistent with State and Federal laws governing such activities in Ohio, the Federal lands program (30 CFR parts 740-745) and the Ohio State program (approved State program). 
</P>
<P>B. <I>Purpose:</I> The purpose of this Agreement is to (a) foster Federal-State cooperation in the regulation of surface coal mining and reclamation operations; (b) eliminate intergovernmental overlap and duplication; and (c) provide uniform and effective application of the approved State program on all lands in Ohio, except those containing leased Federal coal, in accordance with the Act, the approved State program, and this Agreement.
</P>
<P>C. <I>Responsible Administrative Agencies:</I> The Division shall be responsible for administering this Agreement on behalf of the Governor. The Assistant Secretary, Land and Minerals Management, acting through OSM, shall administer this Agreement on behalf of the Secretary in accordance with the regulations in 30 CFR Chapter VII. The Federal lands in Ohio covered by this Agreement are only those under the jurisdiction of the United States Department of Agriculture, Forest Service (Forest Service) and include all or parts of the Wayne National Forest. It is understood by both parties that the Forest Service will continue to be involved in mining operations on its respective lands pursuant to its laws, regulations, agreements and restrictions. These requirements are in addition to the requirements discussed in this Agreement.
</P>
<HD1>Article II: Effective Date
</HD1>
<P>After it has been signed by the Secretary and the Governor, this Agreement shall be effective upon publication in the <E T="04">Federal Register</E> as a final rule. This Agreement shall remain in effect until terminated as provided in Article V.B. or X.
</P>
<HD1>Article III: Definitions
</HD1>
<P>Any terms and phrases used in this Agreement which are defined in the Act, 30 CFR parts 700, 701, and 740, or the approved State program shall be given the meanings set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the approved State program will apply, except in the case of a term or phrase which defines the Secretary's non-delegable responsibilities under the Act and other laws.
</P>
<HD1>Article IV: Applicability
</HD1>
<P>In accordance with the Federal lands program in 30 CFR parts 740-745, the laws, regulations, terms and conditions of the approved State program (conditionally approved on August 10, 1982, 30 CFR part 935, or as hereinafter amended in accordance with 30 CFR 732.17) are applicable to surface coal mining and reclamation operations on Federal lands in Ohio except as otherwise stated in this Agreement, the Act, 30 CFR 745.13, or other applicable laws or regulations.
</P>
<P>This Agreement does not apply to surface coal mining and reclamation operations on lands containing leased Federal coal. This Agreement applies only to lands under the jurisdiction of the Forest Service.
</P>
<HD1>Article V: General Requirements 
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement and will continue to meet all the conditions and requirements specified in this Article. 
</P>
<P>A. <I>Authority of State Agency:</I> The Division has and shall continue to have the authority under State law to carry out this Agreement. 
</P>
<P>B. <I>Funds:</I> Upon application by the Division and subject to the availability of appropriations, the Department shall provide the State with the funds to defray the costs associated with carrying out responsibilities under this Agreement as provided in section 705(c) of the Act and 30 CFR part 735. If the State requests funds and sufficient funds have not been appropriated to OSM, OSM and the Division shall meet promptly to decide on appropriate measures that will ensure that surface coal mining and reclamation operations are regulated in accordance with the approved State program. If agreement cannot be reached, then either party may terminate the Agreement. Funds provided to the State under this Agreement shall be reduced; in proportion to the amount of fees collected by the State that are attributable to the Federal lands covered by this Agreement. 
</P>
<P>C. <I>Reports and Records:</I> The Division shall make annual reports to OSMRE on the results of the Division's implementation and administration of this Agreement, pursuant to 30 CFR 745.12(d). Upon request, the Division and OSMRE shall exchange information developed under this Agreement, except where prohibited by Federal law. OSMRE shall provide the Division with a copy of any final evaluation report prepared concerning the Division's administration and enforcement of this Agreement. 
</P>
<P>D. <I>Personnel:</I> The Division shall have the necessary personnel to implement this Agreement fully in accordance with the provisions of the Act and the approved State program. 
</P>
<P>E. <I>Equipment and Laboratories:</I> The Division will assure itself access to facilities which are necessary to carry out the requirements of the Agreement.
</P>
<HD1>Article VI: Review of Permit Application Package 
</HD1>
<P>The Division shall assume the primary responsibility for the review of permit application packages for surface coal mining and reclamation and coal exploration operations on Forest Service lands covered by this Agreement. The Division shall coordinate the review of permit application packages with the Forest Service and other Federal agencies which may be affected by the proposed surface coal mining and reclamation operation to ensure compliance with Federal laws other than the Act and regulations other than the approved State program. When requested by the State, OSMRE shall assist the State in identifying Federal agencies other than the Forest Service which may be affected by the mining proposal. 
</P>
<P>A. <I>Submission of Permit Application Package:</I> The Division shall require an operator proposing to mine on Forest Service lands to submit a permit application package in an appropriate number of copies to the Division. The permit application package shall be in the format required by the Division and include any supplemental information (as specified by OSMRE or the Forest Service) needed to satisfy the requirements of non-delegable requirements of the Act, Federal laws other than the Act, and regulations other than the approved State program.
</P>
<P>B. <I>Coordination With Affected Agencies:</I> Upon receipt, the Division shall transmit a copy of the complete permit application package to the Forest Service and to other Federal agencies affected by the proposed surface coal mining and reclamation operation with a request for review pursuant to 30 CFR 740.13(c)(4). OSM shall determine whether or not a proposed surface coal mining and reclamation operation is prohibited or limited by the requirements of section 522(e) of the Act (30 U.S.C. 1272(e)) and 30 CFR parts 760-762 with respect to Federal areas designated by Congress as unsuitable for mining and shall make any necessary determinations under section 522(b) of the Act. The Division shall obtain, in a timely manner, the comments of the Forest Service and other Federal agencies affected by the mining proposal.
</P>
<P>C. <I>Contact With the Applicant:</I> As a matter of practice, OSMRE will not independently initiate contacts with the applicant regarding permit application packages. However, OSMRE reserves the right to act independently of the Division to carry out any non-delegable responsibilities under the Act, or under other Federal laws and regulations, provided, however, that OSMRE shall inform the Division of the necessity of such action taken and send copies of all relevant correspondence to the Division.
</P>
<P>D. <I>File and Records:</I> The Division shall maintain a title of all original correspondence with the applicant and any information received which may have a bearing on decisions regarding surface coal mining and reclamation operations on Forest Service lands. Upon request, the Division shall provide, for OSMRE or Forest Service review, copies of any titles and records for surface coal mining and reclamation operations on Forest Service lands.
</P>
<P>E. <I>Permit Application Decision and Permit Issuance:</I> After consultation with the Forest Service and after making a finding of compliance with the approved State program and other applicable requirements, the Division may approve a permit application or application for permit revision or renewal and issue a permit. The permit issued by the Division shall condition the initiation of surface coal mining and reclamation operations on compliance with the requirements of the approved State program and, as applicable, requirements of OSM or the Forest Service pursuant to Federal laws other than the Act and regulations other than the approved State program. After the Division issues its decision on the permit application, it shall promptly send a notice of the action to OSM and to the Forest Service.
</P>
<HD1>Article VII: Inspections
</HD1>
<P>The Division shall conduct inspections on Forest Service lands covered by this Agreement and prepare and file inspection reports in accordance with the approved State program.
</P>
<P>A. <I>Inspection Reports:</I> The Division shall, within 15 days of conducting any inspection on Federal lands, file with OSM an inspection report describing (1) the general conditions of the lands under the permit; (2) whether the operator is complying with the applicable performance and reclamation requirements; and (3) the manner in which specific operations are being conducted.
</P>
<P>B. <I>Division Authority:</I> The Division shall be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by this Agreement, except as described in this Agreement and the Secretary's regulations. Nothing in this Agreement shall prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement.
</P>
<P>C. <I>OSM Authority:</I> For the purpose of evaluating the manner in which this Agreement is being carried out and to insure that performance and reclamation standards are being met, OSM may conduct inspections of surface coal mining and reclamation operations on Federal lands, without prior notice to the Division. In order to facilitate a joint Federal-State inspection, when OSM is responding to a citizen complaint of an imminent danger to the health or safety of the public or of a significant, imminent environmental harm pursuant to 30 CFR 842.11(b)(1)(i), it will contact the Division, if circumstances and time permit, prior to the Federal inspection. OSM may conduct any inspections necessary to comply with 30 CFR part 842. If an inspection is made without Division inspectors, OSM shall provide the Division with a copy of the inspection report within 10 days after inspection.
</P>
<P>D. <I>Witness Availability:</I> Personnel of the State and OSM shall be mutually available to serve as witnesses in enforcement actions taken by either party.
</P>
<HD1>Article VIII: Enforcement
</HD1>
<P>A. <I>Division Enforcement:</I> The Division shall have primary enforcement authority on Federal lands covered by this Agreement in accordance with the approved State program and this Agreement. During any joint inspection by OSM and the Division, the Division shall take appropriate enforcement action, including issuance of orders of cessation and notices of violation.
</P>
<P>B. <I>Notification:</I> The Division shall promptly notify the Forest Service of all violations of applicable laws, regulations, orders, and approved permits for surface coal mining and reclamation operations on lands administered by the Forest Service.
</P>
<P>C. <I>Secretary's Authority:</I> (1) This Agreement does not affect or limit the Secretary's authority to enforce violations of laws other than the Act. (2) During an inspection made solely by OSM or any joint inspection where the Division and OSMRE fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action shall be based on the Act or the applicable substantive provisions included in the regulations of the approved State program and shall be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845.
</P>
<HD1>Article IX: Bonds
</HD1>
<P>A. <I>Performance Bond:</I> The Division shall require all operators on Federal lands covered by this Agreement to submit a performance bond to cover the operator's responsibilities under the Federal Act and the approved State program, payable to both the United States and Ohio. The performance bond shall be of sufficient amount to comply with the requirements of the approved State program and any other conditions of the permit. Release of the performance bond shall be conditioned upon compliance with all applicable requirements. The Division shall obtain the concurrence of the Forest Service prior to releasing the operator from any obligation under the performance bond. If this Agreement is terminated, (1) the bond will revert to being payable only to the United States to the extent that Federal lands are involved, and (2) the bond will be delivered by the Division to OSM if only Federal lands are covered by the bond.
</P>
<P>B. <I>Forfeiture:</I> In the event of forfeiture by an operator of the performance bond for surface coal mining and reclamation operations on Federal lands covered by this Agreement, the State shall use funds received from bond forfeiture and, where necessary, funds from the Ohio Reclamation Forfeiture Special Account (pursuant to section 1513.18 of the Ohio Revised Code) to ensure that reclamation is accomplished in accordance with the approved State program and the approved permit.
</P>
<HD1>Article X: Termination of Cooperative Agreement
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XI: Reinstatement of Cooperative Agreement
</HD1>
<P>If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XII: Amendment of Cooperative Agreement
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIII: Changes in State or Federal Standards
</HD1>
<P>A. <I>Effect of Changes:</I> The Secretary or the State may promulgate new Federal or State regulations, including new or revised performance or reclamation requirements or enforcement or administration procedures. OSM and the Division shall immediately inform each other of any final changes and of any effect such changes may have on the cooperative agreement. If it is determined to be necessary to keep this Agreement in force, the Division shall request necessary State legislative action and each party shall revise its regulations or promulgate new regulations, as applicable. Such changes shall be made under the procedures of 30 CFR part 732 for changes to the approved State program and sections 501 and 523 of the Federal Act for changes to the Federal lands program.
</P>
<P>B. <I>Copies of Changes:</I> The State and OSM shall provide each other with copies of any changes to their respective laws, rules, regulations, and standards pertaining to the enforcement and administration of this Agreement.
</P>
<HD1>Article XIV: Changes in Personnel and Organization
</HD1>
<P>The Division and the Secretary shall, consistent with 30 CFR part 745, advise each other of substantial changes in statutes, regulations, funding, staff, or other changes which could affect the administration and enforcement of this Agreement.
</P>
<HD1>Article XV: Reservation of Rights 
</HD1>
<P>In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under other laws or regulations, including but not limited to those listed in appendix A.
</P>
<P>Approved: 
</P>
<FRP>Richard F. Celeste, 
</FRP>
<FRP><I>Governor of Ohio.</I>
</FRP>
<P>Date: April 19, 1989.
</P>
<FRP>Manuel Lujan,
</FRP>
<FRP><I>Secretary of the Interior.</I>
</FRP>
<P>Date: December 11, 1989.
</P>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations, including 43 CFR part 3480. 
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500. 
</P>
<P>4. The Endangered Species Act, as amended, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402. 
</P>
<P>5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 <I>et seq.,</I> 48 Stat. 401. 
</P>
<P>6. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800. 
</P>
<P>7. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations. 
</P>
<P>8. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations. 
</P>
<P>9. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations. 
</P>
<P>10. The Reservoir Salvage Act of 1960, as amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I> 
</P>
<P>11. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands. 
</P>
<P>12. Executive Order 11988 (May 24, 1977), for flood plain protection. 
</P>
<P>13. Executive Order 11990 (May 24, 1977), for wetlands protection. 
</P>
<P>14. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations. 
</P>
<P>15. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I> 
</P>
<P>16. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa, <I>et seq.</I> 
</P>
<P>17. The Constitution of the United States. 
</P>
<P>18. The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 <I>et seq.,</I> as amended. 
</P>
<P>19. 30 CFR chapter VII. 
</P>
<P>20. The Constitution of the State of Ohio. 
</P>
<P>21. Ohio Revised Code, Chapter 1531. 
</P>
<P>22. Ohio Administrative Code, Chapter 1501.</P></EXTRACT>
<CITA TYPE="N">[49 FR 14739, Apr. 13, 1984, as amended at 54 FR 51743, Dec. 18, 1989]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="936" NODE="30:3.0.1.18.105" TYPE="PART">
<HEAD>PART 936—OKLAHOMA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 936.1" NODE="30:3.0.1.18.105.0.1.1" TYPE="SECTION">
<HEAD>§ 936.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Oklahoma that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[46 FR 4910, Jan. 19, 1981]


</CITA>
</DIV8>


<DIV8 N="§ 936.10" NODE="30:3.0.1.18.105.0.1.2" TYPE="SECTION">
<HEAD>§ 936.10   State regulatory program approval.</HEAD>
<P>The Secretary conditionally approved the Oklahoma regulatory program, as submitted on February 28, 1980, amended on June 11, 1980, and resubmitted on December 8, 1980, effective January 19, 1981. He fully approved the Oklahoma program, as amended on August 15, 1985, effective January 14, 1986. Copies of the approved program are available at:
</P>
<P>(a) Oklahoma Department of Mines, 4040 N. Lincoln, Suite 107, Oklahoma City, OK 73105.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.
</P>
<CITA TYPE="N">[64 FR 20167, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 936.15" NODE="30:3.0.1.18.105.0.1.3" TYPE="SECTION">
<HEAD>§ 936.15   Approval of Oklahoma regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 22, 1982</TD><TD align="left" class="gpotbl_cell">April 2, 1982</TD><TD align="left" class="gpotbl_cell">Permanent program regulations to replace those approved by the Secretary on January 19, 1981, and subsequently rescinded by the Oklahoma Legislature on February 12, 1981. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 22, 1983</TD><TD align="left" class="gpotbl_cell">May 4, 1983</TD><TD align="left" class="gpotbl_cell">§§ 816.42(b) and 817.42(b). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 13, 1983</TD><TD align="left" class="gpotbl_cell">August 28, 1984</TD><TD align="left" class="gpotbl_cell">45 O.S. 1981, §§ 745.2, 746.16, 774(c), 786(E), 788.17 through 788.19, 816.64; Parts 842, 843, 845; §§ 4.1000 through 4.1400; Sections governing the transfer, sale or assignment of rights under permits, inspection and enforcement provisions. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 8, 1983</TD><TD align="left" class="gpotbl_cell">March 18, 1985</TD><TD align="left" class="gpotbl_cell">DOM/RR 776.12 through .15, .17, .18; 815.5, .11; 816.1,.2. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 16, 1985</TD><TD align="left" class="gpotbl_cell">December 10, 1985</TD><TD align="left" class="gpotbl_cell">45 O.S. 1981. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 15, 1985</TD><TD align="left" class="gpotbl_cell">January 14, 1986</TD><TD align="left" class="gpotbl_cell">Administration and funding of the Small Operator Assistance Program. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 11, 1985</TD><TD align="left" class="gpotbl_cell">January 16, 1986</TD><TD align="left" class="gpotbl_cell">DOM/RR 700.5: definition of “surface coal mining operations”, 701.5: definitions of “coal preparation” and “coal preparation plant”. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 8, 1985</TD><TD align="left" class="gpotbl_cell">April 28, 1986</TD><TD align="left" class="gpotbl_cell">DOM/RR part 850 establishing blaster training, examination and certification program. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 18, 1988</TD><TD align="left" class="gpotbl_cell">March 27, 1990, May 15, 1990</TD><TD align="left" class="gpotbl_cell">DOM/RR 700.1 through .5, .11 through .15; 701.1 through .5, .11; 705.1 through .6, .11, .13, .15, .17, .18, .19, .21, .22; 707.1, .4, .5, .10, .11, .12; 761.1, .3, .5, .11, .12; 762.1, .4, .5, .11 through .14; 764.1, .11, .13, .15, .17, .19, .21, .23, .25; 772.1, .2, .3, .11 through .16; 773.1, .5, .11, .12, .13, .15, .17, .19, .20, .21; 774.1, .11, .13, .15, .17; 775.1, .11, .13; 777.1, .11, .13, .14, .15, .17; 778.1, .13 through .18, .20, .21; 779.1, .2, .4, .11, .12, .18, .19, .21, .22, .24, .25; 780.1, .2, .4, .11 through .16, .18, .21, .22, .23, .25, .27, .29, .31, .33, .35, .37, .38; 783.1, .2, .4, .11, .12, .18, .19, .21, 22, .24, .25; 784.1, .2, .4, .11 through .26, .29, .30, .200; 785.1, .2, .13, .14, .15, .17, .18, .20, .21, .22; 795.3, .5 through .9, .12; 800.1, .4, .5, .11 through .17, .20, .21, .23, .30, .40, .50, .60; 810.1, .2, .4, .11; 815.1, .13, .15; 816.1, .2, .11, .13, .14, .15, .22, .41, .42, .43, .45, .46, .47, .49, .56, .57, .59, .61, .62, .64, .66, .67, .68, .71 through .74, .79, .81, .83, .84, .87, .89, .95, .97, .99, .100, .102, .104 through .107, .111, .113, .114, .116, .121, .122, .131, .132, .133, .150, .151, .180, .181, .200; 817.1, .2, .11, .13, .14, .15, .22, .41, .42, .43, .45, .46, .47, .49, .56, .57, .59, .61, .62, .64, .66, .67, .68, .71 through .74, .81, .83, .84, .87, .89, .95, .97, .99, .100, .102, .106, .107, .111, .113, .114, .116, .121, .122, .131, .132, .133, .150, .151, .180, .181, .200; 819.1, .11, .13, .15, .17, .19, .21; 823.1, .2, .11 through .15; 824.1, .2, .11; 827.1, .11, .12; 828.1, .2, .11, .21; 842.1, .11 through .16; 843.1, .5, .11 through .18, .20, .22; 845.1, .2, .11 through .21; 846.1, .5, .12, .14, .17, .18; 850.1, .5, .12 through .15. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 30, 1990</TD><TD align="left" class="gpotbl_cell">December 18, 1990, February 15, 1991</TD><TD align="left" class="gpotbl_cell">DOR/RR 700.5, 700.11(b)(4), and part 702, concerning an exemption for operations when the extraction of coal is incidental to the extraction of other minerals. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 21, 1990</TD><TD align="left" class="gpotbl_cell">January 9, 1991</TD><TD align="left" class="gpotbl_cell">DOM/RR 772.12(b)(12); 773.5(a)(2): the definition of “owned or controlled and owns or controls”. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 6, 1992</TD><TD align="left" class="gpotbl_cell">December 7, 1993</TD><TD align="left" class="gpotbl_cell">Bond Release Guidelines, including revegetation success standards, statistically valid sampling techniques, guidelines for phase I, II, and III bond release. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 17, 1994</TD><TD align="left" class="gpotbl_cell">January 10, 1995</TD><TD align="left" class="gpotbl_cell">Bond Release Guidelines, including revegetation success standards, statistically valid sampling techniques, guidelines for phase I, II, and III bond release; Subsections I.E.3.b; I.F.3.d, .5.b; II.B.2.d; III.B.2.d; IV.A.1.a, b; V.B.2.c through f; VI.B.2.e; VII.A, B; Appendices A, F, J, O, R, V. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 14, 1994</TD><TD align="left" class="gpotbl_cell">March 10 and 29, 1995</TD><TD align="left" class="gpotbl_cell">OAC 460:20-35-1, -3(a)(2), (A), (B), (D), (b), -6(a), (b)(1) through (6), (d), -7(a), (2), (3); 460:20-43-12(b)(3), -45-12(b)(3); OAC, certification of construction of siltation structures by qualified, registered professional engineers and land surveyors; OAC 460:20-43-12(f)(8), -47, -48, -53(1); 460:20-45-28, -53(1); 460:20-49-5(a)(1), -6, -7(5). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 5, 1995</TD><TD align="left" class="gpotbl_cell">November 9, 1995</TD><TD align="left" class="gpotbl_cell">OAC 460:20-61-10(b)(1). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 26, 1996</TD><TD align="left" class="gpotbl_cell">July 24, 1996</TD><TD align="left" class="gpotbl_cell">OAC 460:20-6-1 through -5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 3, 1997</TD><TD align="left" class="gpotbl_cell">August 10, 1998</TD><TD align="left" class="gpotbl_cell">OAC 460:20-43-46(c)(4) (A) through (G); 460:20-45-46(c)(4) (A) through (G); Oklahoma Bond Release Guidelines—Appendices A and R.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 18, 1997</TD><TD align="left" class="gpotbl_cell">January 22, 1999</TD><TD align="left" class="gpotbl_cell">460:20-3-5; 20-27-14(a), (a)(2), (a)(3), (b), (c)(3), (f); 20-31-9(a), (a)(2), (a)(3), (b), (c)(2), (f); 20-33-6(a); 20-35-6(a), (b)(1), and (b)(3) through (b)(6); 20-35-7(a); 20-35-8; 20-37-15(a)(3); 20-43-12(a) through (a)(3); 20-43-14(a)(1) through (a)(3), (a)(4)(A) and (B), (a)(5), (a)(6), and (a)(9) through (a)(12), (c)(2)(A) and (B); 20-43-27(c); 20-43-29(a); 20-45-12(a) through (a)(3); 20-45-14(a)(1) through (a)(3), (a)(4)(A) and (B), (a)(5), (a)(6), and (a)(9) through (a)(12), (c)(2)(A) and (B); 20-45-27(c); 20-45-29(a); 20-57-2(g)(4)(A) and (h); and 20-61-11(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 28, 1998</TD><TD align="left" class="gpotbl_cell">September 28, 1999</TD><TD align="left" class="gpotbl_cell">OAC 460:2-7-6; 2-8; 20-15-11 through 14.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 30, 1999</TD><TD align="left" class="gpotbl_cell">December 17, 1999</TD><TD align="left" class="gpotbl_cell">Oklahoma Bond Release Guidelines—Subsections II.A.1.f and g, II.B.1.a, II.B.2.a; III.A.1.f and g, III.B.1.a, III.B.2.a; V.B.2.d and V.B.2.e; appendix A; Policy Statements dated May 21, 1996, and September 30, 1999.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 13, 2000</TD><TD align="left" class="gpotbl_cell">May 26, 2000</TD><TD align="left" class="gpotbl_cell">OAC 460:20-5-3(4); 20-5-9(a)-(c); 20-5-10(c)(3); 20-5-12(b)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 25, 2001</TD><TD align="left" class="gpotbl_cell">May 9, 2001.</TD><TD align="left" class="gpotbl_cell">OCA 460:20-17-3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 20, 2001</TD><TD align="left" class="gpotbl_cell">May 24, 2002</TD><TD align="left" class="gpotbl_cell">OAC 460:20-7-2; 20-7-3; 20-7-4 Introductory paragraph, (2), (3), and (4)(B); 20-7-4.1; 20-7-5(a), (b)(1) and (2), (c), (d), (e), (f)(1) and (3), (g), (h); 20-13-5(b)(14), (d)(2)(D).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 1, 2001</TD><TD align="left" class="gpotbl_cell">January 17, 2003</TD><TD align="left" class="gpotbl_cell">Sections 460:20-3-5; 20-5-1; 20-5-2; 20-5-3; 20-5-4(a)(7) through (d); 20-5-6; 20-5-7(a) and (b); 20-5-8; 20-5-9(b); 20-5-10(a), (a)(2), (b)(1) through (c)(4); 20-5-13; 20-15-4; 20-15-6(b)(4), (b)(5), and (c)(13); 20-33-12; 20-43-46(b)(6) and (c)(2) through (c)(3)(B); 20-45-46(b)(6) and (c)(2) through (c)(3)(B).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 15, 2005</TD><TD align="left" class="gpotbl_cell">March 27, 2006</TD><TD align="left" class="gpotbl_cell">Oklahoma Administrative Code (OAC) 460:20-25-11(a)(11); 460:20-29-11(a)(11); 460:20-31-13(a)(3); 460:20-43-14(a)(1), (a)(3),(a)(9)(A), (a)(9)(B)(iii), (a)(11)(A), and (a)(14); 460:20-43-46(b)(3)(A), (b)(3)(A)(i)-(iii), (b)(3)(B)-(E); 460:20-43-52(d)(3) and (e)(1); OAC 460:20-45-46(b)(3)(A), (b)(3)(A)(i)-(iii), (b)(3)(B)-(E) and(c)(2); and OAC 460:20-45-47(c)(2), (c)(4) and (c)(4)(A)-(E).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 26, 2008</TD><TD align="left" class="gpotbl_cell">April 9, 2010</TD><TD align="left" class="gpotbl_cell">Notice of violations: Section 460:20-59-4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 25, 2011</TD><TD align="left" class="gpotbl_cell">May 2, 2012</TD><TD align="left" class="gpotbl_cell">OAC 460:20-17-4(b)(2)(C), 460:20-43-47(c)(3), and 460:20-45-47(c)(6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 25, 2015</TD><TD align="left" class="gpotbl_cell">December 13, 2017</TD><TD align="left" class="gpotbl_cell">OAC 460:20-15-6.7(a)(2)(A) and (B), 10.1(c), (d), and (e); 20-29-10(4) and 11(a)(5); 20-43-7(a)(1), 23, 37(2), 49(a), and (c); 20-45-5(c) and 17(b); and 20-47-4(d).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9951, Mar. 5, 1997, as amended at 63 FR 42579, Aug. 10, 1998; 64 FR 3423, Jan. 22, 1999; 64 FR 52232, Sept. 28, 1999; 64 FR 70586, Dec. 17, 1999; 65 FR 34096, May 26, 2000; 66 FR 23608, May 9, 2001; 67 FR 36516, May 24, 2002; 68 FR 2451, Jan. 17, 2003; 71 FR 15033, Mar. 27, 2006; 75 FR 18051, Apr. 9, 2010; 77 FR 25874, May 2, 2012; 82 FR 58562, Dec. 13, 2017]



</CITA>
</DIV8>


<DIV8 N="§ 936.16" NODE="30:3.0.1.18.105.0.1.4" TYPE="SECTION">
<HEAD>§ 936.16   Required regulatory program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17(f)(1), Oklahoma is required to submit to OSM by the specified date the following written, proposed program amendment, or a description of an amendment to be proposed that meets the requirements of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is consistent with Oklahoma's established administrative or legislative procedures.
</P>
<P>(a)-(g) [Reserved]
</P>
<CITA TYPE="N">[60 FR 2520, Jan. 10, 1995; 64 FR 70587, Dec. 17, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 936.20" NODE="30:3.0.1.18.105.0.1.5" TYPE="SECTION">
<HEAD>§ 936.20   Approval of Oklahoma abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Oklahoma abandoned mine land reclamation plan, as submitted on July 30, 1981, effective January 21, 1982. Copies of the approved plan are available at:
</P>
<P>(a) Oklahoma Conservation Commission, 2800 N. Lincoln Blvd., Suite 160, Oklahoma City, OK 73105.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.
</P>
<CITA TYPE="N">[64 FR 20168, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 936.25" NODE="30:3.0.1.18.105.0.1.6" TYPE="SECTION">
<HEAD>§ 936.25   Approval of Oklahoma abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 24, 1989, November 13, 1995</TD><TD align="left" class="gpotbl_cell">May 28, 1996</TD><TD align="left" class="gpotbl_cell">OAC 155:15, 884.13.(c)(1), (2), (3), (5), (7), (d)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 3, 1997</TD><TD align="left" class="gpotbl_cell">February 18, 1998</TD><TD align="left" class="gpotbl_cell">Emergency response reclamation program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 1, 2004</TD><TD align="left" class="gpotbl_cell">April 4, 2005</TD><TD align="left" class="gpotbl_cell">Oklahoma Plan §§ 884.13(c)2—Project Ranking and Selection; (c)3—Coordination with Other Entities; and (c)7—Public Participation.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9952, Mar. 5, 1997, as amended at 63 FR 8126, Feb. 18, 1998; 70 FR 16945, Apr. 4, 2005]



</CITA>
</DIV8>


<DIV8 N="§ 936.30" NODE="30:3.0.1.18.105.0.1.7" TYPE="SECTION">
<HEAD>§ 936.30   State-Federal Cooperative Agreement.</HEAD>
<P>The Governor of the State of Oklahoma and the Secretary of the Department of the Interior (Secretary) enter into a Cooperative Agreement (Agreement) to read as follows: 
</P>
<EXTRACT>
<HD1>Article I: Introduction, Purpose, and Responsible Agencies
</HD1>
<P>A. This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement for the regulation and control of surface coal mining, operations on Federal lands. This Agreement provides for State regulation consistent with the Act, the Federal lands program (30 CFR, chapter VII, subchapter D) and the Oklahoma State program (Program) for surface coal mining and reclamation operations on Federal lands. 
</P>
<P>B. The purposes of this Agreement are to (a) foster Federal-State cooperation on the regulation of surface coal mining (b) minimize intergovernmental overlap and duplication and (c) provide uniform and effective application of the Program on all non-Indian lands in Oklahoma in accordance with the Act and the Program. 
</P>
<P>C. The Oklahoma Department of Mines (ODM), under the direction of the Oklahoma Mining Commission, shall be responsible for administering this Agreement on behalf of the Governor. The Office of Surface Mining Reclamation and Enforcement (OSMRE) shall administer this Agreement on behalf of the Secretary. 
</P>
<HD1>Article II: Effective Date 
</HD1>
<P>After being signed by the Secretary and the Governor, this Agreement shall be effective 30 days after publication in the <E T="04">Federal Register</E> as a final rule. This Agreement shall remain in effect until terminated as provided in Article XI. 
</P>
<HD1>Article III: Definitions 
</HD1>
<P>The terms and phrases used in this Agreement which are defined in the Act, 30 CFR parts 700, 701, and 740, the Program, the Oklahoma Coal Reclamation Act of 1979, and in the rules and regulations promulgated pursuant to those Acts, shall be given the meanings set forth in said definitions. Where there is conflict between the above-referenced State and Federal definitions, the definitions used in the approved State program will apply except in the case of a term which defines the Secretary's continuing responsibilities under the Act and other laws. 
</P>
<HD1>Article IV: Applicability 
</HD1>
<P>A. In accordance with the Federal lands program, the laws, regulations, terms and conditions of the Oklahoma Program are applicable to Federal lands in Oklahoma except as otherwise stated in this Agreement, the Act, 30 CFR 740.4 and 745.13, or other applicable Federal laws, Executive Orders, or regulations. 
</P>
<P>B. The following permits will not be transferred to the State by this Agreement and will remain under the jurisdiction of OSMRE: 1. CFI-Bokoshe (Federal Permit OK-0002), 2. Stigler No. 9 (Federal Permit OK-0009), 3. Bokoshe No. 10 (Federal Permit OK-0001), and 4. McCurtain No. 2 (Federal Permit OK-0002). 
</P>
<P>C. Orders and decisions issued by ODM in accordance with the Program that are appealable shall be appealed to the reviewing authority in accordance with the Program. Orders and decisions issued by the Department that are appealable shall be appealed to the Department of the Interior's Office of Hearings and Appeals. 
</P>
<HD1>Article V: General Requirements 
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement. 
</P>
<HD2>A. Authority of State Agency 
</HD2>
<P>ODM has and shall continue to have the authority under State law to carry out this Agreement. 
</P>
<HD2>B. Funds
</HD2>
<P>Upon Application by ODM and subject to appropriations, OSMRE will provide the State with the funds to defray the cost associated with carrying out its responsibilities under this Agreement as provided in section 705(c) of the Federal Act, the grant agreement, and 30 CFR 735.16. Such funds will cover the full cost incurred by ODM in carrying out those responsibilities, provided that such cost does not exceed the estimated cost the Federal government would have expended to carry out such responsibilities in the absence of this Agreement; and provided that such State incurred cost per permitted acre of Federal land does not exceed the per permitted acre cost for similar administration and enforcement activities of the Program on non-Federal and non-Indian lands during the same time period. 
</P>
<P>The ratio or cost split of Federal to non-Federal dollars allocated under this Agreement will be determined by OSMRE and ODM based on the projected cost for regulation of mines within Federal lands that are under the jurisdiction of the State, in consideration of the relative amounts of Federal and non-Federal lands involved. The designation of mines based on Federal land will be prepared by ODM and submitted to OSMRE's Tulsa Field Office. OSMRE will work with ODM to estimate the amount the Federal government would have expended for regulation of surface coal mining operations on Federal lands in Oklahoma in the absence of this Agreement. 
</P>
<P>OSMRE and the State will discuss the OSMRE Federal land cost estimate, the ODM prepared list of acres by mine, and the State's overall cost estimate. After resolution of any issues, ODM will submit its grant application to OSMRE's Tulsa Field Office. The Federal lands/non-Federal lands ratio will be applied to the final eligible total State expenditures to arrive at the total Federal reimbursement due the State. This ratio or cost split will be agreed upon by July of the year preceding the applicable fiscal year in order to enable the State to budget funds for the Program. 
</P>
<P>The State may use the existing year's budget totals, adjusted for inflation and workload considerations, in estimating the regulatory cost for the following grant year. OSMRE will notify ODM as soon as possible if such projections are unrealistic. 
</P>
<P>If ODM applies for a grant but sufficient funds have not been appropriated to OSMRE, OSMRE and ODM will promptly meet to decide on appropriate measures that will insure that mining operations on Federal lands in Oklahoma are regulated in accordance with the Program. 
</P>
<P>Funds provided to ODM under this Agreement will be adjusted in accordance with Office of Management and Budget Circular A-102 Attachment E.
</P>
<HD2>C. Reports and Records 
</HD2>
<P>ODM will make annual reports to OSMRE containing information with respect to compliance with terms of this Agreement pursuant to 30 CFR 745.12(d). ODM and OSMRE will exchange, upon request, except where prohibited by Federal or State law, information developed under this Agreement. 
</P>
<P>OSMRE will provide ODM with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement. ODM comments on the report will be appended before transmission to the Congress or other interested parties. 
</P>
<HD2>D. Personnel 
</HD2>
<P>ODM shall have the necessary personnel to fully implement this Agreement in accordance with the provisions of the Act, Federal lands program and the Program. 
</P>
<HD2>E. Equipment and Laboratories 
</HD2>
<P>ODM will assure itself access to equipment, laboratories, and facilities to perform all inspections, investigations, studies, tests, and analyses that are necessary to carry out the requirements of the Agreement. 
</P>
<HD2>F. Permit Application Fees and Civil Penalties 
</HD2>
<P>The amount of the fee accompanying an application for a permit for operations on Federal lands in Oklahoma shall be determined in accordance with section 745.1 of the Oklahoma Coal Reclamation Act of 1979, section 771.25 of the State regulations and the applicable provisions of the Program and Federal law. All permit fees and civil penalties collected from operations on Federal lands will be retained by the State and shall be deposited with the State Treasurer in the Oklahoma Department of Mines Revolving Fund. Permit fees will be considered Program income. The financial status report submitted pursuant to 30 CFR 735.26 shall include the amount of fees collected and attributable to Federal lands during the prior State fiscal year. 
</P>
<HD1>Article VI: Review of Permit Application Package 
</HD1>
<HD2>A. Submission of Permit Application Package 
</HD2>
<P>ODM and the Secretary will require an applicant proposing to conduct surface coal mining and reclamation operations and activities on Federal lands to submit a permit application package (PAP) with an appropriate number of copies to ODM. ODM will furnish OSMRE and other Federal agencies with an appropriate number of copies of the PAP. The PAP will be in the form required by ODM and will include any supplemental information required by OSMRE and the Federal land management agency. Where section 522(e)(3) of the Act applies, ODM will work with the agency with jurisdiction over the publicly owned park, including units of the National Park System, or place included in the National Register of Historic Places (NRHP) to determine what supplemental information will be required. 
</P>
<P>At a minimum, the PAP will satisfy the requirements of 30 CFR part 740 and include the information necessary for ODM to make a determination of compliance with the Program and for OSMRE and the appropriate Federal agencies to make determinations of compliance with applicable requirements of the Act, the Federal lands program, and other Federal laws, Executive Orders, and the regulations for which they are responsible. 
</P>
<HD2>B. Review Procedures Where Leased Federal Coal is Involved 
</HD2>
<P>1. ODM will assume the responsibilities listed in 30 CFR 740.4(c) (1), (2), (3), (4), (6), and (7) to the extent authorized. 
</P>
<P>In accordance with 30 CFR 740.4(c)(1), ODM will assume primary responsibility for the analysis, review, and approval or disapproval of the permit application component of the PAP for surface coal mining and reclamation operations and activities in Oklahoma where a mining plan is required. OSMRE will, at the request of the State, assist to the extent possible in this analysis and review. 
</P>
<P>The Secretary will concurrently carry out his responsibilities that cannot be delegated to ODM under the Federal lands program, the Mineral Leasing Act (MLA), the National Environmental Policy Act (NEPA), this Agreement, and other applicable Federal laws. The Secretary will carry out these responsibilities in a timely manner and will avoid, to the extent possible, duplication of the responsibilities of the State as set forth in this Agreement and the Program. The Secretary will consider the information in the PAP and where appropriate, make decisions required by the Act, MLA, NEPA, and other Federal laws.
</P>
<P>Responsibilities and decisions which can be delegated to the State under other applicable Federal laws may be specified in working Agreements between OSMRE and ODM with concurrence of any Federal agency involved, and without amendment to this Agreement.
</P>
<P>2. ODM will be the primary point of contact for applicants regarding the review of the PAP for compliance with the Program and State laws and regulations. On matters concerned exclusively with regulations under 43 CFR part 3480, subparts 3480 through 3487, the Bureau of Land Management (BLM) will be the primary point of contact with the applicant. ODM will send to OSMRE copies of any correspondence with the applicant and any information received from the applicant regarding the PAP. OSMRE will send to ODM copies of all OSMRE correspondence which may have a bearing on the PAP. OSMRE will request additional information from the applicant through ODM. Copies of OSMRE's request will be sent directly to the operator by OSMRE to help expedite the permit review process. The requested information will be submitted to OSMRE through ODM.
</P>
<P>BLM will inform ODM of its actions and provide ODM with a copy of documentation on all decisions. ODM will be responsible for informing the applicant of all joint State-Federal determinations. Where necessary to make the determination to recommend that the Secretary approve the mining plan, OSMRE will consult with and obtain the concurrences of BLM, the Federal land management agency, and other Federal agencies as required. 
</P>
<P>The Secretary reserves the right to act independently of ODM to carry out his responsibilities under laws other than the Act or provisions of the Act not covered by the Program, and in instances of disagreement over the Act and the Federal lands program. 
</P>
<P>3. ODM will, to the extent authorized, consult with the Federal land management agency and BLM pursuant to 30 CFR 740.4(c) (2) and (3), respectively. ODM will also be responsible for obtaining the comments and determinations of other Federal agencies with jurisdiction or responsibility over the Federal lands affected by the operations proposed in the PAP. ODM will request all Federal agencies to furnish their findings on any request for additional information to ODM within 45 days of the date of receipt of the PAP. OSMRE will assist ODM in obtaining this information upon request of ODM. 
</P>
<P>ODM will be responsible for approval and release of performance bonds and liability insurance under 30 CFR 740.4(c)(4). 
</P>
<P>ODM will prepare documentation to comply with the requirements of NEPA under 30 CFR 740.4(c)(7); however, OSMRE will retain the responsibility for the exceptions in 30 CFR 740.4(c)(7)(i)-(vii).
</P>
<P>4. OSMRE will assist ODM in carrying out ODM's responsibilities by: 
</P>
<P>(a) Coordinating resolution of conflicts and difficulties between ODM and other Federal agencies in a timely manner; 
</P>
<P>(b) Assisting in scheduling joint meetings, upon request, between State and Federal agencies; 
</P>
<P>(c) Where OSMRE is assisting ODM in reviewing the PAP, furnishing to ODM the work product within 50 calendar days of receipt of the State's request for such assistance, unless a different time is agreed upon by OSMRE and ODM; 
</P>
<P>(d) Exercising its responsibilities in a timely manner, governed to the extent possible by the deadlines established in the Program; and 
</P>
<P>(e) Assuming all responsibility for ensuring compliance with any Federal lessee protection bond requirement. 
</P>
<P>5. Review of the PAP: 
</P>
<P>(a) OSMRE and ODM will coordinate with each other during the review process as needed. ODM will keep OSMRE informed of findings made during the review process which bear on the responsibilities of OSMRE or other Federal agencies. OSMRE will ensure that any information OSMRE receives which has a bearing on decisions regarding the PAP is promptly sent to ODM. 
</P>
<P>(b) ODM will review the PAP for compliance with the Program and State law and regulations. 
</P>
<P>(c) OSMRE will review the applicable portions of the PAP for compliance with the non-delegated responsibilities of the Act and for compliance with the requirements of other Federal laws, Executive orders, and regulations. 
</P>
<P>(d) OSMRE and ODM will develop a work plan and schedule for PAP review and each will identify a person as the project leader. The project leaders will serve as the primary points of contact between OSMRE and ODM throughout the review process. Not later than 50 days after receipt of the PAP, unless a different time is agreed upon, OSMRE will furnish ODM with its review comments on the PAP and specify any requirements for additional data. To the extent practicable, ODM will provide OSMRE all available information that may aid OSMRE in preparing any findings. 
</P>
<P>(e) ODM will prepare a State decision package, including written findings and supporting documentation, indicating whether the PAP is in compliance with the Program. The review and finalization of the State decision package will be conducted in accordance with procedures for processing PAP's agreed upon by ODM and OSMRE. 
</P>
<P>(f) ODM may make a decision on approval or disapproval of the permit on Federal lands in accordance with the Program prior to the necessary Secretarial decision on the mining plan, provided that ODM advises the operator in the permit that Secretarial approval of the mining plan must be obtained before the operator may conduct coal development or mining operations on the Federal lease. ODM will reserve the right to amend or rescind any requirements of the permit to conform with any terms or conditions imposed by the Secretary in the approval of the mining plan. 
</P>
<P>(g) The permit will include, as applicable, terms and conditions required by the lease issued pursuant to the MLA and by any other applicable Federal laws and regulations, including conditions imposed by the Federal land management agency relating to post-mining land use, and those of other affected agencies, and will be conditioned on compliance with the requirements of the Federal land management agency with jurisdiction. 
</P>
<P>(h) In the case that valid existing rights (VER) are determined to exist on Federal lands under section 522(e)(3) of the Act where the proposed operation will adversely affect a unit of the National Park Service (NPS), ODM will work with the NPS to develop mutually agreed upon terms and conditions for incorporation into the permit to mitigate environmental impacts as set forth under Article X of this Agreement. 
</P>
<P>(i) After making its decision on the PAP, ODM will send a notice to the applicant, OSMRE, the Federal land management agency, and any agency with jurisdiction over the publicly owned park or historic place included in the NRHP affected by a decision under section 522(e)(3) of the Act. A copy of the written findings and the permit will also be submitted to OSMRE. 
</P>
<P>(j) OSMRE will provide technical assistance to ODM when requested, if available resources allow. OSMRE will have access to ODM files concerning operations on Federal lands. 
</P>
<HD2>C. Review Procedures for Permit Revisions or Renewals 
</HD2>
<P>1. Any permit revision or renewal for an operation on Federal lands will be reviewed and approved or disapproved by ODM after consultation with OSMRE on whether such revision or renewal constitutes a mining plan modification. OSMRE will inform ODM within 30 days of receiving a copy of a proposed revision or renewal, whether the permit revision or renewal constitutes a mining plan modification. Where approval of a mining plan modification is required, OSMRE and ODM will follow the review procedures where leased Federal coal is involved as outlined in this Agreement. 
</P>
<P>2. OSMRE may establish criteria to determine which permit revisions and renewals clearly do not constitute mining plan modifications. 
</P>
<P>3. Permit revisions or renewals on Federal lands which are determined by OSMRE not to constitute mining plan modifications or that meet the criteria for not being mining plan modifications will be reviewed and approved by ODM. 
</P>
<P>4. Transfer, sale, or assignment of permit rights on Federal lands shall be processed in accordance with the Oklahoma Program and 30 CFR 740.13(e).
</P>
<HD1>Article VII: Inspections 
</HD1>
<P>A. ODM will conduct inspections of all surface coal mining and reclamation operations on Federal lands, except for those operations listed in Article IV, in accordance with 30 CFR 740.4(c)(5) and the Program and prepare and file inspection reports in accordance with the Program. 
</P>
<P>B. ODM will, subsequent to conducting any inspection pursuant to 30 CFR 740.4(c)(5), and on a timely basis, file with OSMRE's Tulsa Field Office a legible copy of the completed State inspection report. 
</P>
<P>C. ODM will be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by the Agreement, except as described hereinafter. Nothing in this Agreement will prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement. The Department may conduct any inspections necessary to comply with 30 CFR parts 842 and 843 and its obligations under laws other than the Act. 
</P>
<P>D. OSMRE will ordinarily give ODM reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to provide State inspectors with an opportunity to join in the inspection. When OSMRE is responding to a citizen complaint of an imminent danger to the public health and safety, or of significant, imminent environmental harm to land, air or water resources pursuant to 30 CFR 842.11(b)(1)(ii)(C), it will contact ODM no less than 24 hours prior to the Federal inspection, if practicable, to facilitate a joint Federal/State inspection. All citizen complaints which do not involve an imminent danger or significant, imminent environmental harm will be referred to ODM for action. The Secretary reserves the right to conduct inspections without prior notice to ODM to carry out his responsibilities under the Act. 
</P>
<HD1>Article VIII: Enforcement 
</HD1>
<P>A. ODM will have primary enforcement authority under the Act concerning compliance with the requirements of this Agreement and the Program in accordance with 30 CFR 740.4(c)(5). Enforcement authority given to the Secretary under other Federal laws and Executive orders including, but not limited to, those listed in appendix A (attached) is reserved to the Secretary. 
</P>
<P>B. During any joint inspection by OSMRE and ODM, ODM will have primary responsibility for enforcement procedures including issuance of orders of cessation, notices of violation, and assessment of penalties. ODM will inform OSMRE prior to issuance of any decision to suspend or revoke a permit on Federal lands. 
</P>
<P>C. During any inspection made solely by OSMRE or any joint inspection where ODM and OSMRE fail to agree regarding the propriety of any particular enforcement action, OSMRE may take any enforcement action necessary to comply with 30 CFR parts 843, 845, and 846. Such enforcement action will be based on the standards in the Program, the Act, or both, and will be taken using the procedures and penalty system contained in 30 CFR parts 843, 845, and 846. 
</P>
<P>D. ODM and OSMRE will promptly notify each other of all violations of applicable laws, regulations, orders, or approved mining permits subject to this Agreement, and of all actions taken with respect to such violations. 
</P>
<P>E. Personnel of ODM and OSMRE will be mutually available to serve as witness in enforcement actions taken by either party. 
</P>
<P>F. This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other than the Act. 
</P>
<HD1>Article IX: Bonds 
</HD1>
<P>A. ODM and the Secretary will require each operator who conducts operations on Federal lands to submit a single performance bond payable to Oklahoma and the United States to cover the operator's responsibilities under the Act and the Program. Such performance bond will be conditioned upon compliance with all requirements of the Act, the Program, State rules and regulations, and any other requirements imposed by the Department. Such bond will provide that if this Agreement is terminated, the portion of the bond covering the Federal lands will be payable only to the United States. ODM will advise OSMRE of any adjustments to the performance bond made pursuant to the Program.
</P>
<P>B. Prior to releasing the operator from any obligation under such bond, ODM will obtain the concurrence of OSMRE. OSMRE concurrence will include coordination with other Federal agencies having authority over the lands involved. 
</P>
<P>C. Performance bonds will be subject to forfeiture with the concurrence of OSMRE, in accordance with the procedures and requirements of the Program. 
</P>
<P>D. Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43 CFR subpart 3474 or lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of the Act. 
</P>
<HD1>Article X: Designating Land Areas Unsuitable for All or Certain Types of Surface Coal Mining and Reclamation Operations and Activities and Valid Existing Rights and Compatibility Determinations 
</HD1>
<HD2>A. Unsuitability Petitions. 
</HD2>
<P>1. Authority to designate Federal lands as unsuitable for mining pursuant to a petition is reserved to the Secretary. 
</P>
<P>2. When either ODM or OSMRE receives a petition that could impact adjacent Federal or non-Federal lands pursuant to section 522(c) of the Act, the agency receiving the petition will notify the other of receipt and the anticipated schedule for reaching a decision, and request and fully consider data, information and recommendations of the other. OSMRE will coordinate with the Federal land management agency with jurisdiction over the petition area, and will solicit comments from the agency. 
</P>
<HD2>B. Valid Existing Rights and Compatibility Determinations 
</HD2>
<P>The following actions will be taken when requests for determination of valid existing rights (VER) pursuant to section 522(e) of the Act or for determinations of compatibility pursuant to section 522(e)(2) of the Act are received prior to or at the time of submission of a PAP that involves surface coal mining and reclamation operations and activities: 
</P>
<P>1. For Federal lands within the boundaries of any areas specified under section 522(e)(1) of the Act, OSMRE will determine whether VER exist for such areas. 
</P>
<P>For non-Federal lands within section 522(e)(1) areas ODM, with the consultation and concurrence of OSMRE, will determine whether operations on such lands will or will not affect Federal lands. For such non-Federal lands affecting Federal lands, OSMRE will make the VER determination. 
</P>
<P>Under section 522(e)(1), for non-Federal lands within the boundaries of the National Park System, ODM, with the consultation and concurrence of OSMRE, will determine whether operations on such lands will or will not affect the Federal interest. For such non-Federal lands within the boundaries of the National Park System which affect the Federal interest, OSMRE will make the VER determinations. 
</P>
<P>2. For Federal lands within the boundaries of any national forest where proposed operations are prohibited or limited by section 522(e)(2) of the Act and 30 CFR 761.11(b), OSMRE will make the VER determination. 
</P>
<P>OSMRE will process requests for determinations of compatibility under section 522(e)(2) of the Act and 30 CFR 761.12(c). 
</P>
<P>3. For Federal lands, ODM, with the consultation and concurrence of OSMRE, will determine whether any proposed operations will adversely affect units of the National Park System with respect to the prohibitions or limitations of section 522(e)(3) of the Act. For such operations adversely affecting units of the National Park System, ODM, with the consultation and concurrence of OSMRE, will make the VER determination. 
</P>
<P>For Federal lands, ODM will determine whether any proposed operation will adversely affect any publicly owned parks other than those covered in the preceding paragraph and, in consultation with the State Historic Preservation Officer, places listed in the National Register of Historic Places (NRHP), with respect to the prohibitions or limitations of section 522(e)(3) of the Act. 
</P>
<P>For Federal lands other than those on which the proposed operation will adversely affect units of the National Park System, ODM will make the VER determination for operations which are prohibited or limited by section 522(e)(3) of the Act. In the case that VER is determined to exist on Federal lands under section 522(e)(3) of the Act where a proposed operation will adversely affect a unit of the National Park System, ODM will work with the NPS to develop mutually agreed upon terms and conditions for incorporation into the permit in order to mitigate environmental impacts.
</P>
<P>In the case that VER is determined not to exist under section 522(e)(3) of the Act or 30 CFR 761.11(c), no surface coal mining operations and activities will be permitted unless jointly approved by ODM and the Federal, State or local agency with jurisdiction over the publicly owned park or place included in the NRHP.
</P>
<P>4. ODM will process determinations of VER on Federal lands for all areas limited or prohibited by section 522(e)(4) and (5) of the Act as unsuitable for mining. For operations on Federal lands, ODM will coordinate with any affected agency or agency with jurisdiction over the proposed surface coal mining and reclamation operation.
</P>
<HD1>Article XI: Termination of Cooperative Agreement
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement 
</HD1>
<P>If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16. 
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement 
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14. 
</P>
<HD1>Article XIV: Changes in State or Federal Standards 
</HD1>
<P>A. The Department or the State may from time to time promulgate new or revised performance or reclamation requirements or enforcement and administration procedures. Each party will, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations or request necessary legislative action. Such changes will be made under the procedures of 30 CFR part 732 for changes to the Program and under the procedures of section 501 of the Act for changes to the Federal lands program. 
</P>
<P>B. ODM and the Department will provide each other with copies of any changes to their respective laws, rules, regulations or standards pertaining to the enforcement and administration of this Agreement. 
</P>
<HD1>Article XV: Changes in Personnel and Organization 
</HD1>
<P>Each party to this Agreement will notify the other, when necessary, of any changes in personnel, organization, and funding, or other changes that may affect the implementation of this Agreement to ensure coordination of responsibilities and facilitate cooperation. 
</P>
<HD1>Article XVI: Reservation of Rights 
</HD1>
<P>This Agreement will not be construed as waiving or preventing the assertion of any rights in this Agreement that the State or the Secretary may have under laws other than the Act or their regulations, including but not limited to those listed in appendix A.
</P>
<P>Approved:
</P>
<FRP>Henry Bellmon, 
</FRP>
<FRP><I>Governor of Oklahoma.</I>
</FRP>
<P>Date: August 2, 1989.
</P>
<FRP>Manuel Lujan, Jr., 
</FRP>
<FRP><I>Secretary of the Interior.</I>
</FRP>
<P>Date: August 30, 1989.</P></EXTRACT>
<CITA TYPE="N">[54 FR 37459, Sept. 11, 1989] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="937" NODE="30:3.0.1.18.106" TYPE="PART">
<HEAD>PART 937—OREGON
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>47 FR 49822, Nov. 2, 1982, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 937.700" NODE="30:3.0.1.18.106.0.1.1" TYPE="SECTION">
<HEAD>§ 937.700   Oregon Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in Oregon which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Oregon Federal program. 
</P>
<P>(c) The rules in this part apply to all surface coal mining operations in Oregon conducted on non-Federal and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in Oregon. 
</P>
<P>(d) The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually. 
</P>
<P>(e) The following provisions of Oregon laws provide, where applicable, for more stringent environmental control and regulation of surface coal mining operations than do the provisions of the Act and the regulations in this chapter. Therefore, pursuant to Section 505(b) of the Act, they shall not be construed to be inconsistent with the Act:
</P>
<P>(1) Oregon Revised Statutes (ORS) 468.700-468.997, pertaining to the control of water pollution. 
</P>
<P>(2) ORS 498.002 and ORS 498.705, protecting fish and wildlife and their habitats. 
</P>
<P>(3) ORS 509.125, prohibiting deleterious substances from being introduced into State waters. 
</P>
<P>(4) ORS 509.140, requiring the approval of the Fish and Wildlife Commission before explosives may be used to construct a dam or similar structure. 
</P>
<P>(5) ORS 509.600, prohibiting the injury or destruction of fish within 600 feet of any fishway. Prior approval of the Director, the Department of Fish and Wildlife, is required before constructing a dam or obstruction in State waters. 
</P>
<P>(6) ORS 509.615, requiring that artificial watercourses must be screened.
</P>
<P>(f) The following are Oregon laws that interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, pre-empted and superseded with respect to coal mining, except to the extent they provide for regulation of surface coal mining and reclamation operations which are exempt from the Surface Mining Control and Reclamation Act of 1977:
</P>
<P>(1) Oregon Surface Mining and Mine Land Reclamation Act, as amended, ORS 517.750-ORS 517.990.
</P>
<P>(2) Oregon Administrative Rules (OAR), Department of Geology and Mineral Industries, Division 30, Rules and Regulations, Oregon Mined Land Reclamation Act, OAR 632-30-005 through OAR 632-30-060.
</P>
<P>(3) ORS 273.551 and ORS 273.775 to ORS 273.790. The contractual and leasing responsibility of the Division of Lands over State lands and minerals is not affected by this Federal program.
</P>
<P>(4) ORS 275.340. Pre-empted to the extent that the State of Oregon construes this statute as delegating to cities and counties the authority to issue surface coal mining permits and related exploration permits. 
</P>
<CITA TYPE="N">[47 FR 49822, Nov. 2, 1982, as amended at 52 FR 13812, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 937.701" NODE="30:3.0.1.18.106.0.1.2" TYPE="SECTION">
<HEAD>§ 937.701   General.</HEAD>
<P>Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining operations in Oregon.


</P>
</DIV8>


<DIV8 N="§ 937.702" NODE="30:3.0.1.18.106.0.1.3" TYPE="SECTION">
<HEAD>§ 937.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 937.707" NODE="30:3.0.1.18.106.0.1.4" TYPE="SECTION">
<HEAD>§ 937.707   Exemption for coal extraction incident to government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 937.761" NODE="30:3.0.1.18.106.0.1.5" TYPE="SECTION">
<HEAD>§ 937.761   Areas designated unsuitable for surface coal mining by Act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 937.762" NODE="30:3.0.1.18.106.0.1.6" TYPE="SECTION">
<HEAD>§ 937.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mine operations beginning one year after May 28, 1982.


</P>
</DIV8>


<DIV8 N="§ 937.764" NODE="30:3.0.1.18.106.0.1.7" TYPE="SECTION">
<HEAD>§ 937.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and with the February 26, 1980, May 16, 1980, and August 15, 1980, opinions and orders of the U.S. District Court for the District of Columbia (<I>In re: Permanent Surface Mining Regulation Litigation</I> (Civ. Action No. 79-1144)). 
</P>
<P>(a) NDAC 69-05.2-25-0shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) Where coal exploration is to occur on State lands or the minerals to be explored are owned by the State, a mineral lease issued by the Oregon Division of Lands authorizing the coal exploration is required to be filed with the permit application.
</P>
<CITA TYPE="N">[52 FR 13812, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 937.772" NODE="30:3.0.1.18.106.0.1.8" TYPE="SECTION">
<HEAD>§ 937.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) Where coal exploration is to occur on State lands or the minerals to be explored are owned by the State, a mineral lease issued by the Oregon Division of Lands authorizing the coal exploration is required to be filed with the permit application.
</P>
<CITA TYPE="N">[52 FR 13812, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 937.773" NODE="30:3.0.1.18.106.0.1.9" TYPE="SECTION">
<HEAD>§ 937.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office.
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the application of the findings;
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) Should the applicant not submit the information as required by § 937.773(b)(2)(ii) by the specified date, the office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability.
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter.
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(d) Where applicable, no person shall conduct surface coal exploration operations which result in the removal of more than 250 tons in one location, or surface coal mining operations without permits issued and/or certificates required by the State of Oregon, including compliance with Oregon's Statewide Planning Goals (ORS 197.180) and any relevant Country Comprehensive Land Use Plans (ORS 197.005-ORS 197.775); license from the Division of State Lands where mines or exploration are on State lands (ORS 273.005-273.815); Solid Waste Disposal Permits, Hazardous Waste Transportation and Disposal Permits, Industrial Waste Disposal Permits issued by the Department of Environmental Quality (ORS 459.005-ORS 459-850); leases issued by the county where county designated forest lands are involved (ORS 275.340); noise restrictions enforced by the Department of Environmental Quality (ORS 467.010-467.990); Air Contaminant Discharge Permits (ORS 468.005-ORS 468.997), Water Pollution Control Facilities Permits, Waste Discharge Permits (ORS 468.900-ORS 468.997), Energy Facility Site Certificates (ORS 469.300-ORS 469.570, ORS 469.990, ORS 469.992) issued by the Energy Facilities Siting Council; Department of Fish and Wildlife issues permits for dam use (ORS 509.600), for use of explosives used to construct dams or similar structures (ORS 509.140); the State Fire Marshall issues Certificates of Possession for persons having or using explosives (ORS 480.210); the Division of State Lands issues license for use of dredging machines (ORS 517.611-ORS 517.700); the Department of water Resources issues permits with respect to the use, appropriation or diversion of State waters (ORS 537.130, ORS 537.135) and surface waters (ORS 537.135, ORS 537.140 and ORS 537.800), and permits relative to the design, construction and maintenance of dams, dikes or other hydraulic structures or works (ORS 540.350, ORS 540.400); matter may be removed from the beds and banks of State waters and fill may be deposited in State waters once a permit is obtained from the Division of State Lands (ORS 541.605-ORS 541.990).
</P>
<CITA TYPE="N">[52 FR 13812, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 937.774" NODE="30:3.0.1.18.106.0.1.10" TYPE="SECTION">
<HEAD>§ 937.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits.
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE.
</P>
<P>(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775.
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstance. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later.
</P>
<CITA TYPE="N">[52 FR 13813, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 937.775" NODE="30:3.0.1.18.106.0.1.11" TYPE="SECTION">
<HEAD>§ 937.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits.
</P>
<CITA TYPE="N">[52 FR 13813, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 937.777" NODE="30:3.0.1.18.106.0.1.12" TYPE="SECTION">
<HEAD>§ 937.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13813, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 937.778" NODE="30:3.0.1.18.106.0.1.13" TYPE="SECTION">
<HEAD>§ 937.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13813, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 937.779" NODE="30:3.0.1.18.106.0.1.14" TYPE="SECTION">
<HEAD>§ 937.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 937.780" NODE="30:3.0.1.18.106.0.1.15" TYPE="SECTION">
<HEAD>§ 937.780   Surface mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>(a) Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirement for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations on non-Federal and non-Indian lands. 
</P>
<P>(b) Any application for a permit shall demonstrate compliance with the air quality control laws (ORS 468.275 through ORS 468.350 and ORS 468.500 through ORS 468.580) administered by the Oregon Department of Environmental Quality and shall have obtained, where required, an Air Contaminant Discharge Permit from the Department of Environmental Quality (ORS 468.275 through ORS 468.350). 


</P>
</DIV8>


<DIV8 N="§ 937.783" NODE="30:3.0.1.18.106.0.1.16" TYPE="SECTION">
<HEAD>§ 937.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground mining operations. 


</P>
</DIV8>


<DIV8 N="§ 937.784" NODE="30:3.0.1.18.106.0.1.17" TYPE="SECTION">
<HEAD>§ 937.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground mining. 


</P>
</DIV8>


<DIV8 N="§ 937.785" NODE="30:3.0.1.18.106.0.1.18" TYPE="SECTION">
<HEAD>§ 937.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein. 


</P>
</DIV8>


<DIV8 N="§ 937.795" NODE="30:3.0.1.18.106.0.1.19" TYPE="SECTION">
<HEAD>§ 937.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program.


</P>
</DIV8>


<DIV8 N="§ 937.800" NODE="30:3.0.1.18.106.0.1.20" TYPE="SECTION">
<HEAD>§ 937.800   General requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 937.815" NODE="30:3.0.1.18.106.0.1.21" TYPE="SECTION">
<HEAD>§ 937.815   Performance standards—coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations. 


</P>
</DIV8>


<DIV8 N="§ 937.816" NODE="30:3.0.1.18.106.0.1.22" TYPE="SECTION">
<HEAD>§ 937.816   Performance standards—surface mining activities.</HEAD>
<P>Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 937.817" NODE="30:3.0.1.18.106.0.1.23" TYPE="SECTION">
<HEAD>§ 937.817   Performance standards—underground mining activities.</HEAD>
<P>Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground mining operations.


</P>
</DIV8>


<DIV8 N="§ 937.819" NODE="30:3.0.1.18.106.0.1.24" TYPE="SECTION">
<HEAD>§ 937.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining.


</P>
</DIV8>


<DIV8 N="§ 937.823" NODE="30:3.0.1.18.106.0.1.25" TYPE="SECTION">
<HEAD>§ 937.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands. 


</P>
</DIV8>


<DIV8 N="§ 937.824" NODE="30:3.0.1.18.106.0.1.26" TYPE="SECTION">
<HEAD>§ 937.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining.


</P>
</DIV8>


<DIV8 N="§ 937.827" NODE="30:3.0.1.18.106.0.1.27" TYPE="SECTION">
<HEAD>§ 937.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.


</P>
</DIV8>


<DIV8 N="§ 937.828" NODE="30:3.0.1.18.106.0.1.28" TYPE="SECTION">
<HEAD>§ 937.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities.


</P>
</DIV8>


<DIV8 N="§ 937.842" NODE="30:3.0.1.18.106.0.1.29" TYPE="SECTION">
<HEAD>§ 937.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.
</P>
<P>(b) OSM will furnish a copy of each inspection report regarding inspections conducted pursuant to this subpart to the Oregon Department of Geology and Mineral Industries.


</P>
</DIV8>


<DIV8 N="§ 937.843" NODE="30:3.0.1.18.106.0.1.30" TYPE="SECTION">
<HEAD>§ 937.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply when enforcement action is required for violations on surface coal mining and reclamation operations.
</P>
<P>(b) OSM will furnish a copy of each enforcement action document and order to show cause issued pursuant to this subpart to the Oregon Department of Geology and Mineral Industries.


</P>
</DIV8>


<DIV8 N="§ 937.845" NODE="30:3.0.1.18.106.0.1.31" TYPE="SECTION">
<HEAD>§ 937.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply when civil penalties are assessed for violations on surface mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 937.846" NODE="30:3.0.1.18.106.0.1.32" TYPE="SECTION">
<HEAD>§ 937.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 937.955" NODE="30:3.0.1.18.106.0.1.33" TYPE="SECTION">
<HEAD>§ 937.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="938" NODE="30:3.0.1.18.107" TYPE="PART">
<HEAD>PART 938—PENNSYLVANIA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 938.1" NODE="30:3.0.1.18.107.0.1.1" TYPE="SECTION">
<HEAD>§ 938.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Pennsylvania that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[47 FR 33079, July 30, 1982]


</CITA>
</DIV8>


<DIV8 N="§ 938.10" NODE="30:3.0.1.18.107.0.1.2" TYPE="SECTION">
<HEAD>§ 938.10   State regulatory program approval.</HEAD>
<P>The Pennsylvania state program as submitted on February 29, 1980, as amended on June 9, 1980, as resubmitted on January 25, 1982, and amended on April 9, 1982, and May 5, 1982, is conditionally approved, effective on July 31, 1982. Beginning on that date, the Department of Environmental Resources shall be deemed the regulatory authority in Pennsylvania for all surface coal mining and reclamation operations and for all exploration operations on non-Federal and non-Indian lands. Only surface coal mining and reclamation operations on non-Federal and non-Indian lands shall be subject to the provisions of the Pennsylvania permanent regulatory program. Copies of the approved program, together with copies of the letter of the Department of Environmental Resources agreeing to the conditions in 30 CFR 938.11 are available at the following locations:
</P>
<P>(a) Pennsylvania Department of Environmental Resources, Market Street State Office Building, 400 Market Street, P.O. Box 2063, Harrisburg, Pennsylvania 17101-2063; Telephone: (717) 787-4686. 
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Third Floor, suite 3C, Harrisburg Transportation Center, 4th and Market Streets, Harrisburg, Pennsylvania 17101; Telephone: (717) 782-4036.
</P>
<CITA TYPE="N">[59 FR 17930, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 938.11" NODE="30:3.0.1.18.107.0.1.3" TYPE="SECTION">
<HEAD>§ 938.11   Conditions of State regulatory program approval.</HEAD>
<P>The approval of the Pennsylvania state program is subject to the Commonwealth revising its program to correct the deficiencies listed in this section. The program revisions may be made, as appropriate, to the statutes, the regulations, the program narrative, or the Attorney General's opinion. This section indicates, for the general guidance of the Commonwealth, the component of the program to which the Secretary recommends the change be made.
</P>
<P>(a)-(i) [Reserved] 
</P>
<CITA TYPE="N">[47 FR 33079, July 30, 1982, as amended at 48 FR 13417, Mar. 31, 1983; 48 FR 45391, Oct. 5, 1983; 49 FR 20492, May 15, 1984; 49 FR 27319, July 3, 1984; 51 FR 18321, May 19, 1986; 66 FR 57665, Nov. 16, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 938.12" NODE="30:3.0.1.18.107.0.1.4" TYPE="SECTION">
<HEAD>§ 938.12   State statutory, regulatory, and proposed program amendment provisions not approved.</HEAD>
<P>(a) We are not approving the following provisions or portions of provisions of the proposed program amendment that Pennsylvania submitted on July 29, 1998:
</P>
<P>(1) Section 5.1(b) (52 P.S. 1406.5a(b)) of BMSLCA is not approved to the extent noted in 30 CFR 938.13(a)(1).
</P>
<P>(2)-(4) [Reserved] 
</P>
<P>(5) Section 5.2(g) (52 P.S. 1406.5b(g)) of BMSLCA is not approved to the extent noted in 30 CFR 938.13(a)(2).
</P>
<P>(6) Section 5.2(h) (52 P.S. 1406.5b(h)) of BMSLCA is not approved to the extent noted in 30 CFR 938.13(a)(3).
</P>
<P>(7)-(10) [Reserved] 
</P>
<P>(11) Section 5.4(a)(3) (52 P.S. 1406.5d(a)(3)) of BMSLCA is not approved to the extent noted in 30 CFR 938.13(a)(4).
</P>
<P>(12) Section 5.4(c) (52 P.S. 1406.5d(c)) of BMSLCA is not approved to the extent noted in 30 CFR 938.13(a)(5).
</P>
<P>(13) Section 5.5(b) (52 P.S. 1406.5e(b)) of BMSLCA is not approved to the extent noted in 30 CFR 938.13(a)(6).
</P>
<P>(b) We are not approving the following portions of provisions of the proposed program amendment that Pennsylvania submitted on November 22, 1999: 
</P>
<P>(1) Sections 25 Pa. Code 86.124(f) and 25 Pa. Code 86.125(j) are not approved to the extent that these sections would allow Pennsylvania more time to complete a final written decision on a lands unsuitable for surface mining activities petition than is allowed by the provisions of the Federal regulations at 30 CFR 764.19(b).
</P>
<P>(c) We are not approving the following portions of provisions of the proposed program amendment that Pennsylvania submitted on December 18, 1998:
</P>
<P>(1) 4.2(f)(4) of PASMCRA. We are not approving Subsection (4) to the extent that it would allow Phase 3 bond release.
</P>
<P>(2) 4.12(b) of PASMCRA. We are not approving Subsection (b) to the extent that it creates an alternative bonding system.
</P>
<P>(3) 25 Pa. Code 86.281(e). The last sentence which states, “If the actual cost of reclamation by the Department exceeds the amount reserved, additional funds from the Remining Financial Assurance Fund will be used to complete reclamation” is not approved.
</P>
<P>(4) [Reserved]
</P>
<P>(5) 25 Pa. Code 87.119 and 88.107. With regard to coal mining activities, we are not approving Subsection (a) to the extent that it would allow the replaced water supply to be of a lesser quantity and quality than the premining water supply or does not provide for temporary replacement of water supplies. We are not approving Subsection (a)(1)(v) to the extent it would pass on operating and maintenance costs of a replacement water supply in excess of the operating and maintenance costs of the premining water supply to the landowner or water supply user. We are not approving Section (a)(2) to the extent that an operator is not required to provide for all increased operating and maintenance costs of a restored or replaced water supply. Finally, we are not approving Subsection (a)(3) to the extent it would allow a waiver from the requirements for replacing a water supply outside the requirements of 30 CFR 701.5 regarding the definition of the term, “replacement of water supply.”
</P>
<P>(6) 25 Pa. Code 87.119(g) and 88.107(g). These sections are not approved.
</P>
<P>(7) [Reserved]
</P>
<P>(d) [Reserved]
</P>
<P>(e) We are deferring our decision on the inclusion of <I>minimal-impact post-mining discharge</I> in the definition of <I>post-mining pollutional discharge</I> until such time as the State submits the definition of minimal-impact post-mining discharge to us as a proposed program amendment.
</P>
<P>(f) We are not approving the following portions of provisions of the proposed program amendment that Pennsylvania submitted on August 5, 2021:
</P>
<P>(1) 25 Pa. Code 87.119a and 88.107a. We are not approving subsections (b), (c), and (f) to the extent that they would allow the replaced water supply to be of a lesser quantity and quality than the premining water supply.
</P>
<P>(2) 25 Pa. Code 87.119a(e) and 88.107a(e). We are not approving these subsections to the extent that they would set the amount of reimbursement based on estimates of an “adequate” water supply rather than one of equivalent quantity and quality to the premining supply.
</P>
<P>(3) 25 Pa. Code 87.119a(i) and 88.107a(i). We are not approving these subsections to the extent that they would allow a waiver from the requirements for replacing a water supply outside the requirements of 30 CFR 701.5 regarding the definition of the term, “replacement of water supply.”
</P>
<CITA TYPE="N">[66 FR 67063, Dec. 27, 2001, as amended at 68 FR 40154, July 7, 2003; 69 FR 71551, 71559, Dec. 9, 2004; 70 FR 25491, May 13, 2005; 71 FR 54595, Sept. 18, 2006; 73 FR 38920, July 8, 2008; 85 FR 71263, Nov. 9, 2020; 89 FR 66991, Aug. 19, 2024; 90 FR 27467, June 27, 2025; 90 FR 35416, July 28, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 938.13" NODE="30:3.0.1.18.107.0.1.5" TYPE="SECTION">
<HEAD>§ 938.13   State statutory and regulatory provisions set aside.</HEAD>
<P>(a) The following provisions of Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act (BMSLCA) are inconsistent with the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and are superseded to the extent noted effective December 9, 2004.
</P>
<P>(1) Section 5.1(b) (52 P.S. 1406.5a(b)) of BMSLCA is superseded to the extent that it would limit an operator's liability to restore or replace a water supply covered under section 720 of SMCRA.
</P>
<P>(2) Section 5.2(g) (52 P.S. 1406.5b(g)) of BMSLCA is superseded to the extent that it would limit an operator's liability to restore or replace a water supply covered under section 720 of SMCRA.
</P>
<P>(3) Section 5.2(h) (52 P.S. 1406.5b(h)) of BMSLCA is superseded to the extent it would preclude Pennsylvania from requiring the restoration or replacement of a water supply covered under section 720 of SMCRA.
</P>
<P>(4) The portion of section 5.4(a)(3) (52 P.S. 1406.5d(a)(3)) of BMSLCA that states, “in place on the effective date of this section or on the date of first publication of the application for a Mine Activity Permit or a five-year renewal thereof for the operations in question and within the boundary of the entire mine as depicted in said application,” is superseded to the extent it would limit an operator's liability for restoration of, or compensation for, subsidence damages to structures protected under section 720 of SMCRA that were in existence at the time of mining.
</P>
<P>(5) Section 5.4(c) (52 P.S. 1406.5d(c)) of BMSLCA is superseded to the extent it limits an operator's liability for repair of, or compensation for, subsidence damage to a structure covered under section 720 of SMCRA.
</P>
<P>(6) The portion of Section 5.5(b) (52 P.S. 1406.5e(b)) of BMSLCA that states, “All claims under this subsection shall be filed within two years of the date damage to the building occurred” is superseded to the extent that it would limit an operator's liability for restoration of, or compensation for, subsidence damages to a structure covered under section 720 of SMCRA.
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[69 FR 71559, Dec. 9, 2004]


</CITA>
</DIV8>


<DIV8 N="§ 938.15" NODE="30:3.0.1.18.107.0.1.6" TYPE="SECTION">
<HEAD>§ 938.15   Approval of Pennsylvania regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 26, 1983, May 12, 1983</TD><TD align="left" class="gpotbl_cell">October 5, 1983</TD><TD align="left" class="gpotbl_cell">Bureau of Water Quality Management Underground Mine/Coal preparation Plant Permit Application Instructions; Bituminous Underground Mining Operation Permit/Manual; Coal Refuse Disposal Permit Application; Anthracite Coal Refuse Disposal Permit Application; Anthracite Bank Removal and Reclamation Permit Application; Anthracite Surface Mine Permit Application; Anthracite Underground Mining Operation Permit Application/Manual; Memorandum of Understanding between the Pennsylvania Department of Environmental Resources and the Pennsylvania Museum and Historical Commission.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 1, 1983</TD><TD align="left" class="gpotbl_cell">January 4, 1984</TD><TD align="left" class="gpotbl_cell">25 PA Code 89.143(2)(iii)(A) through (D), (4), .144(b)(3), .145(a)(4), (b), (d), .146(e), .147(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 17, 1984</TD><TD align="left" class="gpotbl_cell">March 20, 1984</TD><TD align="left" class="gpotbl_cell">Pennsylvania policy statement: Citizen Complaint Procedures, Department of Environmental Resources Inspection and Enforcement Policy for Mining Operations, Civil Penalty Program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 31, 1983</TD><TD align="left" class="gpotbl_cell">May 15, 1984, July 3, 1984</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.5, .38(b), .112(b), .134(c), .211; 87.1, .112(c)(1), (2), (d), (e), .144, .138, .175; 89.86(a)(1), .161, .162, .163; 90.1, .112(c), (d), (e); addendum to the DER Inspection and Enforcement Policy for Mining Operations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 30, 1984</TD><TD align="left" class="gpotbl_cell">November 27, 1984</TD><TD align="left" class="gpotbl_cell">25 PA Code chapter 88, subchapters A through D, F.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 2, 1984</TD><TD align="left" class="gpotbl_cell">April 4, 1985</TD><TD align="left" class="gpotbl_cell">Blaster training, examination and certification program, as contained in 25 PA Code chapter 210, subchapter A.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 19, 1985</TD><TD align="left" class="gpotbl_cell">August 15, 1985</TD><TD align="left" class="gpotbl_cell">Blaster certification program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 18, 1985</TD><TD align="left" class="gpotbl_cell">November 4, 1985</TD><TD align="left" class="gpotbl_cell">25 PA Code chapter 89, subchapter F on subsidence control regulations. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 5, 1985</TD><TD align="left" class="gpotbl_cell">February 19, 1986</TD><TD align="left" class="gpotbl_cell">Act 158 of 1984; 25 PA Code chapter 87, subchapter F; chapter 88, subchapter G; letters from the Pennsylvania Deputy General Counsel and the First Deputy Attorney General to Rebecca W. Hanmer, Director, Office of Water Enforcement Permits, U.S. EPA, dated July 8, 1985, and August 19, 1985, respectively.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 2, 1984</TD><TD align="left" class="gpotbl_cell">May 19, 1986</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.37(a)(13), .171(e)(12), .172(d)(2)(iii); 88.1—definitions for “cropland,” “historically used for cropland,” “prime farmland,” and “soil survey”, .24(b)(4), .30(a), (1), .31(a)(7), .32, .61, .129, .134(a), (e), .135(c)(1), (f)(2), (h), .136(a), (c), .137(18), (19), .217, .330, .381(b)(2), (c)(6), (8), (9), .491(i)(1), (13), (22), (23), (j), (k), .492(m), .493(8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 30, 1985</TD><TD align="left" class="gpotbl_cell">September 8, 1986</TD><TD align="left" class="gpotbl_cell">Civil Penalty Program: §§ I, II.2, II.4, II.8; Inspection and Enforcement Policy: §§ II.B.2.a.(4), (5), E, J.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 18, 1985</TD><TD align="left" class="gpotbl_cell">June 18, 1987</TD><TD align="left" class="gpotbl_cell">25 PA Code 89.143(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 22, 1987</TD><TD align="left" class="gpotbl_cell">July 14, 1987</TD><TD align="left" class="gpotbl_cell">§ 4.2(F)(II): right-of-entry requirements.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 14, 1987</TD><TD align="left" class="gpotbl_cell">October 27, 1988</TD><TD align="left" class="gpotbl_cell">§§ II.J of the Inspection and Enforcement Policy, II.2 of the Civil Penalty Program, both concern alternative enforcement actions for failure to abate violations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 5, 1988</TD><TD align="left" class="gpotbl_cell">July 14, 1989</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.1, .12; 88.1, .381; 89.5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 17, 1988</TD><TD align="left" class="gpotbl_cell">August 18, 1989</TD><TD align="left" class="gpotbl_cell">Civil Penalty Program, § II (Assessment), paragraph 4; Program Guidance Manual, § 1:3:6 (Civil Penalty Assessments) part 1—Coal, paragraph 4.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 21, 1986</TD><TD align="left" class="gpotbl_cell">November 3, 1989</TD><TD align="left" class="gpotbl_cell">PA Policy Statement entitled Reclamation in Lieu of Cash Payment for Civil Penalties found in Department of Environmental Resources Program Guidance Manual at § 1:3:9.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 22, 1989</TD><TD align="left" class="gpotbl_cell">May 31, 1991</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.17(e), .83(a)(2), .112(b)(1), .158(b)(1), (2), (3), .174(d)(1), .175(1), (2), (3), .182(d); 87.73, .112(b)(1), (f), .125(a), .127(e)(2), (h), .131(n), .135(a), .138; 88.24(b)(4), .492(c)(4); 89.34(a)(1), (2)(ii), .59(a)(1), (2), (3), .71(d), .82, .101(a), (d), .172(b); 90.112(b)(1), (d), (f), .150.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 24, 1986</TD><TD align="left" class="gpotbl_cell">October 24, 1991</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.182, .186 through .190; PA SMCRA §§ 3.1, 4(a), (b), 18(c)(i), 18.8.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 27, 1992</TD><TD align="left" class="gpotbl_cell">October 28, 1992</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.83, .94.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 2, 1992</TD><TD align="left" class="gpotbl_cell">November 16, 1992</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.1; 88.1, .381; 89.5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 18, 1991</TD><TD align="left" class="gpotbl_cell">December 30, 1992, January 14, 1993, April 8, 1993</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.1, .36(c), .37(a), (c), .41 .43, .44, .52(c)(4), .53, .55(d), .62, .63, .101, .102, .129, .132, .133, .134(3)(ii)(C), (12), .136, .151(a), (d), (h), .163, .165, .193(3), (f), .194, .195, .202, .212; 87.1, .11, .14, .21, .42(2), .54(a)(9), (22), .77, .112(c), .151(d), .155, .160, .166; 88.1, .22(2), .31(a)(9), (22), .56, .115, .116, .381(c)(9), .491(a)(1)(ii), (i)(7), .492(f); 89.5, .26, .38(a), (b), (c), .86, .90, .111(c); 90.1, .11(a)(3), .21(a)(9), (24), .40, .112(c), .134, .140, .155(d), .159.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 18, 1993</TD><TD align="left" class="gpotbl_cell">July 6, 1993</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 9, 1993</TD><TD align="left" class="gpotbl_cell">December 6, 1993</TD><TD align="left" class="gpotbl_cell">PA SMCRA § 4(d) concerning financial instruments for performance bonds.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 11, 1993</TD><TD align="left" class="gpotbl_cell">July 20, 1994</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.142, .159, .166.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 24, 1994</TD><TD align="left" class="gpotbl_cell">April 3, 1995</TD><TD align="left" class="gpotbl_cell">25 PA Code 86.81 through .89, .91 through .95.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 19, 1996</TD><TD align="left" class="gpotbl_cell">May 30, 1997</TD><TD align="left" class="gpotbl_cell">25 PA Code, Chapter 86, Subchapter D: 86.101; 86.102; 86.103; 86.121; 86.122; 86.123; 86.124; 86.125; 86.126; 86.127; 86.128; 86.129; 86.130.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 23, 1995</TD><TD align="left" class="gpotbl_cell">November 7, 1997</TD><TD align="left" class="gpotbl_cell">Chapters 86 through 90.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 13, 1995</TD><TD align="left" class="gpotbl_cell">April 22, 1998</TD><TD align="left" class="gpotbl_cell">Pennsylvania law Act 1994-114 concerning the special authorization for refuse disposal in areas previously affected by mining which contain pollutional discharges: Title and 1; 3; 3.2(b); 4.1; 6.1(h)(5), (i); 6.2; 6.3; 15.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 8, 1998</TD><TD align="left" class="gpotbl_cell">March 26, 1999 and June 8, 1999</TD><TD align="left" class="gpotbl_cell">52 P.S. 1396.3, 1396.4h.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 17, 1998</TD><TD align="left" class="gpotbl_cell">February 2, 2000</TD><TD align="left" class="gpotbl_cell">Letter from Pennsylvania to OSM dated August 17, 1998 (PA-837.80), except a decision on the required amendment at 30 CFR 938.16(www) is deferred.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 2, 1999</TD><TD align="left" class="gpotbl_cell">November 3, 2000</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.1, 86.124, 86.152, 86.156, 86.160, 86.171, 86.182, 86.193, 86.194, 86.195, 86.201, and 86.202.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 8, 1999</TD><TD align="left" class="gpotbl_cell">March 23, 2000</TD><TD align="left" class="gpotbl_cell">25 PA Code §§ 86.80, 86.81, 86.82, 86.83, 86.84, 86.85, 86.86 (deleted), 86.87, 86.91 (deleted), 86.92, 86.94, 86.95 (deleted). Note: The incorporation of the reference to § 89.34 at 86.81(a)(2)(iii)(C) and 86.81(a)(2)(iv)(C) is approved to the extent that Pennsylvania implements this provision consistent with the SOAP funding provisions of SMCRA section 507(c)(1)(A) and the implementing regulations at 30 CFR 795.9(b)(1). The incorporation of this reference into subsections 86.81(a)(2)(iii)(C) and 86.81(a)(2)(iv)(C) is not approved to the extent that the proposed subsections would authorized the expenditure of Pennsylvania SOAP funds under the subsections listed above for services that are not fundable under section 507(c)(1)(A) of SMCRA or 30 CFR 795.9(b)(1).
<br/>25 PA Code 86.81(a)(2)(iii) is approved to the extent that the SOAP funds are not used to fund the activities required under 25 PA Code §§ 87.41 and 87.42(1) or §§ 88.21 and 88.22(1).
<br/>The reference of §§ 87.77, 88.56 and 89.38 (regarding archaeological and historic information) into subsections 86.81(a)(2)(iv)(A), (B) and (C) is approved to the extent that Pennsylvania implements these provisions consistent with the SOAP funding provisions of SMCRA section 507(c)(1)(D) and the implementing regulations at 30 CFR 795.9(b)(4). The incorporation of these references (regarding public parks) into subsections 86.81(a)(2)(iv)(A), (B) and (C) is not approved to the extent that the proposed subsections would authorized the expenditure of Pennsylvania SOAP funds under the subsections listed above for services that are not fundable under section 507(c)(1)(D) of SMCRA or 30 CFR 795.9(b)(4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 30, 1999</TD><TD align="left" class="gpotbl_cell">June 26, 2000</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.2, 86.37, 86.40, 86.64, 86.70, 86.132-86.134, 86.174, 87.1, 87.77, 87.93, 87.97, 87.101, 87.106, 87.126, 87.127, 87.138, 87.144, 87.146, 87.159, 87.160, 87.166, 87.173, 87.174, 87.176, 87.209, 88.1, 88.56, 88.83, 88.91, 88.96, 88.118, 88.133, 88.138, 88.144, 88.191, 88.221, 88.231, 88.237, 88.283, 88.291, 88.296, 88.334, 88.335, 88.341, 88.492, 88.509, 89.38, 89.65, 89.67, 89.82, 89.87, 89.88, 89.90, 90.1, 90.40, 90.93, 90.97, 90.101, 90.106, 90.134, 90.140, 90.147, 90.150, 90.166.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 3, 2001</TD><TD align="left" class="gpotbl_cell">August 15, 2001</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.174.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 3, 2001</TD><TD align="left" class="gpotbl_cell">November 16, 2001</TD><TD align="left" class="gpotbl_cell">Addition of Chapter 77, Section 7708 to 2001 Title 27 of the Pennsylvania Consolidated Statutes; repeal of the fifth sentence of section 4(b) and section 4.2(f)(5) of the Surface Mining Conservation and Reclamation Act of May 31, 1945 (P.L. 1198, No. 418); repeal of the last sentence of section 5(g) of the Bituminous Mine Subsidence and Land Conservation Act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1); repeal of the last sentence of section 5(i) of the Coal Refuse Disposal Control Act of September 24, 1968 (P.L. 1040, No. 318).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 29, 1998</TD><TD align="left" class="gpotbl_cell">December 27, 2001</TD><TD align="left" class="gpotbl_cell">Bituminous Mine Subsidence and Land 2001 Conservation Act: Repeal of Section 4 (52 P.S. 1406.4); 5(b)(partial approval); 5.1(a)(1) (52 P.S. 1406.5a(a)(1) (conditional approval); 5.1(a)(2) and (3) (52 P.S. 1406.5a(a)(2) and (3)); 5.2(a)(1), (2), and (3) (52 P.S. 1406.5b(a)(1), (2), and (3)); 5.2(b)(1) (52 P.S. 1406.5b(b)(1)); 5.2(c) (52 P.S. 1406.5b(c)); 5.2(e)(1) and (3) (52 P.S. 1406.5b(e)(1) and (3)); 5.2(f) (52 P.S. 1406.5b (f); 5.2(j) (52 P.S. 1406.5b(j)); 5.2(k) (52 P.S. 1406.5b(k)); 5.4(a) (52 P.S. 1406.5d(a))(partial approval); 5.4(a)(1), (2) and (4) (52 P.S. 1406.5d(a)(1), (2) and (4)); 5.4(b) (52 P.S. 1406.5d(b)); 5.5(a) (52 P.S. 1406.5e(a))(partial approval); 5.5 (d), (e), and (g) (52 P.S. 1406.5e(d), (e) and (g)); 5.6(a) and (b) (52 P.S. 1406.5f(a) and (b)); 6 (52 P.S. 1406.6))(partial approval); 9.1(a), (b), (c), and (d) (52 P.S. 1406.9a(a), (b), (c), and (d); Repeal of Section 15 (52 P.S. 1406.15); 17.1 (52 P.S. 1406.17a); 18.1 (52 P.S. 1406.18a)
<br/>25 Pa. Code Section: 89.5, the definitions of the following terms: “dwelling,” “irreparable damage,” “material damage,” “noncommercial building,” “public buildings and facilities,” “public water supply system,” “rebuttable presumption area,” “underground mining,” “underground mining operations,” and “water supply;” 89.33; 89.34; 89.35; 89.36; 89.141(a); 89.141(d)(2), (4), (5), (7), (8), (10) and (11); 89.141(d), (d)(3), (6), and (9)(partial approval); deletion of 89.142; 89.142a(a) (partial approval) 89.142a(a)(1), (2), (3) and (4); 89.142a(b); 89.142a(c)(1) and (2)(i) “ (v); 89.142a(c)(3) (partial approval); 89.142a(d) (partial approval); 89.142a(e); 89.142a(f)(1) (partial approval); 89.142a(f)(1)(i), (ii), (iv), and (v); 89.142a(f)(2)(i) (partial approval); 89.142a(g)(1) (partial approval); 89.142a(g)(2), and (3); 89.142a(h) (1) and (2) (partial approval); 89.142a(i)(1) (partial approval); 89.142a)(i)(2), (j), (k), and (l); deletion of 89.143; 89.143a(a) (partial approval); 89.143a(b); 89.143a(d)(1) and (2) (partial approval);deletion of 89.144; 89.144a(a)(2), and (3); deletion of 89.145; 89.145a(a)(1)(i)-(vi); 89.145a(a)(2) and (3); 89.145a(b)(partial approval); 89.145a(c); 89.145a(d); 89.145a(e)(1) and (2) (partial approval); 89.145a(f)(1)(i)-(iv); 89.145a(f)(2); 89.145a(f)(3)(i) and (ii)(partial approval); 89.145a(f)(3)(iii); 89.145a(f)(4); 89.146a(a) and (b); 89.146a(c) (partial approval); 89.152(a)(1) and (3); 89.152(b); 89.153 (a), (b), and (c); 89.154(a) through (d); 89.155(a), 89.155(b)(1) and (2) (partial approval); 89.155(b)(3) and (4); 89.155(c) (partial approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 25, 2002</TD><TD align="left" class="gpotbl_cell">November 6, 2002</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.37, 87.160, 88.138, 88.231, 88.335, 90.134, 87.160.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 22, 1999</TD><TD align="left" class="gpotbl_cell">July 7, 2003</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.1 definition of “valid existing rights;” 86.101 definitions of “fragile lands,” “historic lands,” “public building,” “public park,” “renewable resource lands,” “significant recreational value, timber, economic or other values incompatible with surface mining operations,” and “surface mining operations;” 86.102(1), (3) through (5), and (7) through (12); 86.103(c), (d), and (e); 86.121, 86.123(c) and (c)(5); 86.124(a), (c), (d) and (f); 86.125; 86.126; 86.127; 86.128; 86.129; and 86.130(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 25, 2002</TD><TD align="left" class="gpotbl_cell">August 15, 2003</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 210.11; 210.13—210.19; 211.101-211.103; 211.111-211.115; 211.121-211.125; 211.131-211.133; 211.141; 211.151-211.162; 211.171-211.173; 211.181-211.182
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 20, 2001</TD><TD align="left" class="gpotbl_cell">October 2, 2003</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 88.281, 88.310, 88.332, 89.59, 90.1, 90.5, 90.12, 90.13, 90.34, 90.45, 90.49, 90.50, 90.101, 90.116a, 90.122, 90.167, 90.201-207, 90.301-309, and 90.401.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 27, 2003</TD><TD align="left" class="gpotbl_cell">December 9, 2004</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.1 modification of definition of underground mining activities, 86.151(b)(2), 86.152(a), 89.5, Addition of definitions of EPAct structures and EPAct water supplies; removal of definition of permanently affixed appurtenant structures; modification of definitions of underground mining activities and underground mining operations, 89.141(d), 89.142a(a), (c) through (i), 89.143a(a), (c) and (d), 89.144a(a) and (b), 89.145a(a), (b), (e) and (f), 89.146a(c)(2), and 89.152(a) and (b).
<br/>In BMSLCA, Sections 5.2(b)(2), 5.2(d), 5.2(e)(2), 5.2(i), 5.3(a), 5.3(b), 5.3(c), 5.5(c), 5.5(f), 5.6(c), and 5.6(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 18, 1998</TD><TD align="left" class="gpotbl_cell">May 13, 2005</TD><TD align="left" class="gpotbl_cell">In PASMCRA, Section 3 Definition of “Total Project Costs;” Sections 3.1; 4(a), (d), (d.2), (g), and (h); 4.2(f) (partial approval); 4.2(i); 4.6(i) and (j); 4.7; 4.10; 4.11; 4.12 (partial approval); 4.13; 18(a), (a.1), (a.2), and (a.3); 18(f), (g)(4) and (5); 18.7; 18.9; 18.10.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"></TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.142 Definitions of “Annuity,” “Trustee,” and “Trust Fund;” 25 Pa. Code 86.151(b), (c), and (j); 86.152(a) and (b); 86.156(b); 86.157(3), (4), (5), (6), (7), and (8); 86.158(c)(6), (e), (f), and (g); 86.161(3); 86.168; 86.171(a), (b)(6) and (7), (f)(4), (g), and (h); 86.174(a) and (d); 86.175(a) and (b)(3); 86.182(a)(3) and (4), (d), (e), (f), (g); 86.195(b), 86.251-253; 86.261-86.270; 86.281(a)-(d); 86.281(e) (partial approval); 86.282-284; 86.291-295; 86.351-359.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"></TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">25 Pa. Code 87.1 Definitions of “Water Supply,” “Water Supply Survey”; deletion of 87.11-21; 87.119 (partial approval); 87.147(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"></TD><TD align="left" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell">25 Pa. Code 88.1 Definitions of “Water Supply,” “Water Supply Survey”; 88.107 (partial approval); 88.121(b); 88.209(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 23, 2006</TD><TD align="left" class="gpotbl_cell">April 17, 2007</TD><TD align="left" class="gpotbl_cell">25 Pa. Code: 86.187(a)(1), (b), (c); 86.188(b)(5) [deleted]; 86.188(c)(3) [deleted]; 86.189(c)(2) through (c)(4) [deleted reference to (c)(5)], 86.189 (c)(5) [deleted]; 86.190 (a) [the words “but are not limited to” are deleted]; 86.190(a)(3) [deleted].
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 18, 2006</TD><TD align="left" class="gpotbl_cell">October 4, 2007</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.6 [add].
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 8, 2006</TD><TD align="left" class="gpotbl_cell">December 1, 2008</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 210.11, 87.1, 88.1, and 89.5 added definition for mine opening blasting; 87.124(b) correction of reference error; 87.126(b)(2)(ii) phrase deletion; 87.127(b), 87.127(e), 87.127(e)(1) ,87.127(f)(1); 87.129(4);88.135(a), 88.135(b), 88.135(f)(1), 88.135(h) , 88.135(i); 88.493(7)(i); 89.62 (adding new language); 87.127(l) and 88.135(l) (deleted in their entirety).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 1, 2008</TD><TD align="left" class="gpotbl_cell">August 10, 2010</TD><TD align="left" class="gpotbl_cell">52 P.S. 1396.4(d.2); 25 Pa. Code 86.1, 86.17(e), 86.187(a); The Conversion Assistance Program; Trust Funds as an Alternative Bonding System (ABS); Demonstration of Sufficient Funding for Outstanding Land Reclamation at Primacy ABS Forfeiture Sites; and, Demonstration of Sufficient Funding for Construction of All Necessary Discharge Treatment Facilities at the ABS Forfeiture Sites.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 19, 2012</TD><TD align="left" class="gpotbl_cell">September 10, 2013</TD><TD align="left" class="gpotbl_cell">Addition of definitions to 25 Pa. Code 86.1, clarification of 86.3, and increase of fees at 86.17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 24, 2010</TD><TD align="left" class="gpotbl_cell">October 19, 2015</TD><TD align="left" class="gpotbl_cell">52 P.S. 30.54a(a)(6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 14, 2016</TD><TD align="left" class="gpotbl_cell">July 10, 2017</TD><TD align="left" class="gpotbl_cell">Pennsylvania's commitment to the completion of treatment systems for pollutional discharges on ABS Legacy Sites.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 1, 2010</TD><TD align="left" class="gpotbl_cell">November 9, 2020</TD><TD align="left" class="gpotbl_cell">Section 4.2(j) of PASMCRA 52 P.S. § 1396.4bj); 25 Pa. Code § 86.1, Definitions, the definitions of the following terms: “passive treatment system” and “post-mining pollutional discharge, except for the inclusion of “minimal impact post-mining discharge” in the definition of “post-mining pollutional discharge” 25 Pa Code 87.102(a) and (e), Hydrologic balance: Effluent standards; 88.92 (a) and (e); Hydrologic balance: Effluent standards; 88.187 (a) and (e), Hydrologic balance: Effluent standards; 88.292 (a) and (e), Hydrologic balance: Effluent standards; 89.52 (c), Water quality standards, effluent limitations, and best management practices; and 90.102 (a) and (e), Hydrologic balance: Water quality standards, effluent limitations, and best management practices.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 13, 2012</TD><TD align="left" class="gpotbl_cell">April 12, 2022</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 287.1 (Residual Waste Management-General Provisions), 290.1, 290.101, 290.103, 290.104, 290.107, 290.201, 290.202, 290.203, 290.301, 290.302, 290.303, 290.304, 290.305, 290.306, 290.307 (Beneficial Use of Coal Ash).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 26, 2017</TD><TD align="left" class="gpotbl_cell">August 8, 2024</TD><TD align="left" class="gpotbl_cell">PASMCRA sec. 4(d), 19.2 Authorizing LRFG program; PASMCRA sec. 4(a)(2)(C), 4.14, authorizing bioenergy crop bonding; PASMCRA sec. 3 definitions, 18(a.1), 19, minor changes; 25 Pa. Code 86.17(e)(2), 86.162b, 86.165(a) and (a)(iii), implementing the LRFG program; 25 Pa. Code 86.162c, implementing the bioenergy crop bonding program; 25 Pa. Code 86.1 definition of <E T="03">Acts,</E> 86.6(a), 86.12(a)(3), 86.121, 86.155, 86.159(k)(2)(A), 86.182(h)(2), 86.185, 86.232 definition of <E T="03">coal mining laws,</E> 86.252 definition of <E T="03">Act,</E> 86.358(a)(3), 87.1 definition of <E T="03">SMCRA,</E> 87.205(b), 88.482 definition of <E T="03">operator,</E> 88.505(b), 89.5 definition of <E T="03">operator,</E> and 90.305(b), citation changes and other minor changes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 9, 2018</TD><TD align="left" class="gpotbl_cell">September 8, 2024</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 87.108(c), 89.24(c), and 90.108(c); removal of sedimentation ponds before 2 years if replaced by BTCA.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 16, 2020</TD><TD align="left" class="gpotbl_cell">June 27, 2025</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 86.1 (amending definition of “surface mining activities”); 25 Pa. Code 86.31(c)(1)(removing registered mail requirement); 25 Pa. Code 86.62(a)(3) (removing date of issuance requirement); and 25 Pa. Code 86.238 (updating OSMRE form number); 25 Pa. Code 86.151(d); 25 Pa. Code 86.158(b)-(b)(3); 25 Pa. Code 86.193(b)-(c) (incorporating Federal penalty schedule for mandatory assessment threshold); 25 Pa. Code 86.281(b), (c), (d), and (f) (changing various provisions of the remining financial guarantee incentive program); 25 Pa. Code 87.1 (amending definition of “surface mining activities”); 25 Pa. Code 87.103, 88.93, 88.188, 88.293, and 89.53 (replacing storm event tables with NOAA data); 25 Pa. Code 87.157; 25 Pa. Code 88.1 (amending of definition for “haul roads”); 25 Pa. Code 88.131; 25 Pa. Code 88.219; and 25 Pa. Code 89.52(f) (deleting of portion of subsection (f), eliminating the alternative effluent limits for passive treatment systems for underground mines).


<br/><E T="03">Minor changes and citation corrections:</E> 52 P.S. 305.54a; 25 Pa. Code 86-90; 25 Pa. Code 86.51; 25 Pa. Code 86.54; 25 Pa. Code 86.84; 25 Pa. Code 86.162a; 25 Pa. Code 86.189(b)(4); 25 Pa. Code 86.232; 25 Pa. Code 86.282(a)(4); 25 Pa. Code 86.284(d); 25 Pa. Code 87.100(d); 25 Pa. Code 87.102; 25 Pa. Code 88.1; 25 Pa. Code 88.92; 25 Pa. Code 88.187; 25 Pa. Code 88.190(b)-(g); 25 Pa. Code 88.292; 25 Pa. Code 88.295(b)-(i); 25 Pa. Code 88.502; 25 Pa. Code 88.507(c); 25 Pa. Code 88.508; 25 Pa. Code 89.52; 25 Pa. Code 90.102; and 25 Pa. Code 90.308.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 5, 2021</TD><TD align="left" class="gpotbl_cell">July 28, 2025</TD><TD align="left" class="gpotbl_cell">25 Pa. Code 87.1 (addition of definitions for “operation and maintenance costs” and “water supply owner,” revision of the definition for “water supply”); 25 Pa. Code 88.1 (addition of definitions for “operation and maintenance costs” and “water supply owner,” revision of the definition for “water supply”); 25 Pa. Code 87.47 (revision of text to permit application requirements, including renumbering of an internal reference, rewording text to indicate “any water supply,” removal of requirement that water supply is “for domestic, agricultural, industrial or other legitimate use,” addition of a requirement to provide cost calculations to restore or replace water supplies, and addition of requirement that PADEP notify the water supply owner of any potentially affected water supply); 25 Pa. Code 88.27 (revision of text to permit application requirements, including rewording text to indicate “any water supply,” removal of requirement that water supply is “for domestic, agricultural, industrial or other legitimate use,” addition of a requirement to provide cost calculations to restore or replace water supplies, and addition of requirement that PADEP notify the water supply owner of any potentially affected water supply); 25 Pa. Code 87.119a(a), (d), (g), (h), (j), (k), (l), (m), (n), and (o); and 25 Pa. Code 88.107a(a), (d), (g), (h), (j), (k), (l), (m), (n), and (o).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 4, 2017</TD><TD align="left" class="gpotbl_cell">January 15, 2026</TD><TD align="left" class="gpotbl_cell">Addition of subsections (i) and (j) to Section 5 of BMSLCA (52 P.S. § 1406.5(i) and (j)); amendment of Section 9a(d) of BMSLCA (52 P.S. § 1406.9a(d)).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9953, Mar. 5, 1997]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 938.15, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 938.16" NODE="30:3.0.1.18.107.0.1.7" TYPE="SECTION">
<HEAD>§ 938.16   Required regulatory program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17, Pennsylvania is required to submit the following proposed program amendments by the dates specified.
</P>
<P>(a)-(e) [Reserved]
</P>
<P>(f) By August 24, 1987, Pennsylvania shall amend its regulations at 88.129(f)(1) and (2) and the corresponding provisions under Chapter 88, Subchapters C, D, and F (88.217, 88.330 and 88.491) or otherwise amend its program to be consistent with section 510(d) of SMCRA by requiring that the restoration of prime farmland soil productivity shall be determined on the basis of measurement of crop yields.
</P>
<P>(g)-(v) [Reserved]
</P>
<P>(w) By November 1, 1991, Pennsylvania shall amend §§ 87.125(a), or otherwise amend its program to be no less stringent than section 515(b)(15)(E) of SMCRA to provide the opportunity to request a preblasting survey to every resident or owner of a man-made structure or dwelling within one-half mile of any part of the permit area.
</P>
<P>(x)-(qq) [Reserved]
</P>
<P>(rr) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.36(c) to require permit denial for unabated violations of any Federal or State program under SMCRA, without the three-year limitation.
</P>
<P>(ss) [Reserved] 
</P>
<P>(tt) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37(a)(10) to require that all violations of the Federal SMCRA and all programs approved under SMCRA be considered in determining whether there is a demonstrated pattern of willful violations.
</P>
<P>(uu) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37(a) to require that the criteria upon which the regulatory authority bases its decision to approve or deny a permit application are based on all information available to the regulatory authority.
</P>
<P>(vv) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37(a) to include language that would prohibit permit approval if the applicant or anyone linked to the applicant through the definition of “owned or controlled” or “owns or controls” has forfeited a bond and the violation upon which the forfeiture was based remains unabated.
</P>
<P>(ww) By May 1, 1993, Pennsylvania shall submit a proposed amendment to sections 86.37(a)(9) and (a)(16) to require denial of a permit if it finds that those linked to the applicant through the definition of “owned or controlled” or “owns or controls” are delinquent in payment of abandoned mine reclamation fees or delinquent in the payment of State and Federal final civil penalty assessments.
</P>
<P>(xx) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.37(c), to require that the regulatory authority's reconsideration of its decision to approve the permit include a review of information, updated for the period from permit approval to permit issuance, pertaining to the payment of abandoned mine reclamation fees and civil penalty fees and the status of unabated violations upon which a bond forfeiture was based.
</P>
<P>(yy) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.43, to require the regulatory authority to review the circumstances under which a permit was issued whenever it has reason to believe that the permit may have been improvidently issued.
</P>
<P>(zz) By May 1, 1993, Pennsylvania shall submit a proposed amendment to section 86.62(b)(2)(ii) to correct the cross-reference to 86.63 with a reference to section 86.212(c).
</P>
<P>(aaa) By May 1, 1993, Pennsylvania shall submit a proposed amendment to sections 86.62(c) and 87.14(3) to include the requirement that the application include the address for each permit held by a related entity or company, and identification of the regulatory authority for each such permit.
</P>
<P>(bbb) [Reserved] 
</P>
<P>(ccc) By October 5, 1993, Pennsylvania shall submit a proposed amendment to § 86.133(f) to require that exploration on areas designated as unsuitable for mining shall be subject to permitting requirements no less effective than the Federal regulations at 30 CFR 772.12. 
</P>
<P>(ddd)-(ggg) [Reserved]
</P>
<P>(hhh) By October 5, 1993, Pennsylvania shall submit a proposed amendment to §§ 87.155(b)(5), 89.86(e)(2)(iii)(B) and 90.159(b)(3) to require that at least 80 percent of the trees and shrubs to be used in determining the success of stocking and adequacy of planting, at the time of bond release, have been in place for 60 percent of the applicable minimum period of responsibility. 
</P>
<P>(iii) By October 5, 1993, Pennsylvania shall submit a proposed amendment to §§ 87.112(c) and 89.111(c) to require a seismic safety factor of at least 1.2 for all impoundments that meet the criteria of 30 CFR 77.216(a) or are located where failure could cause loss of life or serious property damage. 
</P>
<P>(jjj) By October 5, 1993, Pennsylvania shall submit a proposed amendment to § 90.112(c)(2) to require that all impounding structures that meet the criteria of 30 CFR 77.216(a) and are either constructed of coal mine waste or intended to impound coal mine waste have sufficient spillway capacity and/or storage capacity to safely pass or control the runoff from the 6-hour PMP or greater precipitation event. 
</P>
<P>(kkk) and (mmm) [Reserved]
</P>
<P>(nnn) By September 19, 1994, Pennsylvania shall submit either a proposed amendment or a description of an amendment to be proposed, together with a timetable for adoption, to revise section 86.159(l)(2) to require two officer signatures for each corporate indemnitor, an affidavit from the corporation(s) certifying that entering into the indemnity agreement is valid under all applicable Federal and State laws, and documents that evidence the authority of the signatories to bind the corporation and an authorization by the parent corporation to enter into the indemnity agreement.
</P>
<P>(ooo) [Reserved]
</P>
<P>(ppp) By January 6, 1998, Pennsylvania shall submit a proposed amendment to section 86.5(m), or otherwise amend its program, to provide for notification of the operator and any intervenors of a decision not to revoke an exemption.
</P>
<P>(qqq)-(rrr) [Reserved]
</P>
<P>(sss) By January 6, 1998, Pennsylvania shall submit proposed amendments to subsections 88.105(c), 88.201(c) and 88.305(c), or otherwise amend its program, to require additional hydrologic testing whenever the PHC determination indicates that adverse impacts may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of surface or ground water supplies.
</P>
<P>(ttt) By January 6, 1998, Pennsylvania shall submit a proposed amendment to sections 88.321 and 90.133, or otherwise amend its program, to require that no noncoal waste be deposited in a coal refuse pile or impounding structure.
</P>
<P>(uuu) By January 6, 1998, Pennsylvania shall submit a proposed amendment to provide counterparts to the Federal regulations at 30 CFR 702.15 (d), (e), (f) and 702.17 (c)(2) and (c)(3) to require that authorized representatives have the right to enter operations conducting incidental coal extraction and that administrative reviews of the State's determinations be conducted.
</P>
<CITA TYPE="N">[50 FR 32849, Aug. 15, 1985 and 50 FR 45823, Nov. 4, 1985]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 938.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 938.20" NODE="30:3.0.1.18.107.0.1.8" TYPE="SECTION">
<HEAD>§ 938.20   Approval of Pennsylvania abandoned mine land reclamation plan.</HEAD>
<P>The Pennsylvania Abandoned Mine Land Reclamation Plan as submitted on November 3, 1980, is approved. Copies of the approved Plan are available at the following locations:
</P>
<P>(a) Pennsylvania Department of Environmental Resources, Bureau of Abandoned Mine Reclamation, Market Street State Office Building, 400 Market Street, P.O. Box 2063, Harrisburg, Pennsylvania 17105-2063. 
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Harrisburg Field Office, Harrisburg Transportation Center, Third Floor, suite 3C, Fourth and Market Streets, Harrisburg, Pennsylvania 17101.
</P>
<CITA TYPE="N">[59 FR 17930, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 938.25" NODE="30:3.0.1.18.107.0.1.9" TYPE="SECTION">
<HEAD>§ 938.25   Approval of Pennsylvania abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 17, 1992</TD><TD align="left" class="gpotbl_cell">October 30, 1992</TD><TD align="left" class="gpotbl_cell">Part D of Plan—Initiative, part E of Plan—Modifications.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 21, 1997</TD><TD align="left" class="gpotbl_cell">March 26, 1999</TD><TD align="left" class="gpotbl_cell">Part F—Government Financed Construction Contracts.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 22, 2016</TD><TD align="left" class="gpotbl_cell">August 16, 2024</TD><TD align="left" class="gpotbl_cell">Part G—The Pennsylvania Emergency Response Reclamation Program.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9953, Mar. 5, 1997, as amended at 64 FR 14619, Mar. 26, 1999; 89 FR 66567, Aug. 16, 2024]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="939" NODE="30:3.0.1.18.108" TYPE="PART">
<HEAD>PART 939—RHODE ISLAND
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 40995, Sept. 12, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 939.700" NODE="30:3.0.1.18.108.0.1.1" TYPE="SECTION">
<HEAD>§ 939.700   Rhode Island Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining and reclamation operations in Rhode Island which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Rhode Island Federal program.
</P>
<P>(c) The rules in this part apply to all surface coal mining and reclamation operations in Rhode Island conducted on non-Federal and non-Indian lands. The rules in subchapter D of this chapter apply to operations on Federal lands in Rhode Island.
</P>
<P>(d) The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually.
</P>
<P>(e) The following provisions of Rhode Island laws provide, where applicable, for more stringent environmental control and regulation of surface coal mining and reclamation operations than do the provisions of the Act and the regulations in this chapter. Therefore, pursuant to Section 505(b) of the Act, they shall not be construed to be inconsistent with the Act:
</P>
<P>(1) R.I. General Laws Sections 23-19.1-1 to 23-19.1-22, regulating treatment, disposal, and transportation of hazardous wastes within the State of Rhode Island.
</P>
<P>(2) R.I. General Laws Sections 46-12-1 to 46-12-37, controlling the pollution of any of the State's waterways.
</P>
<P>(f) There are no Rhode Island laws that generally interfere with the achievement of the purposes and requirements of the Act and which must be superseded and preempted pursuant to Section 504(g). Some Rhode Island laws may in an individual situation interfere with the achievement of the purposes and requirements of the Act and may be preempted and superseded with respect to the performance standards of §§ 939.815 through 939.828 as they affect a particular coal exploration or surface mining operation by publication of a notice to that effect in the <E T="04">Federal Register.</E>


</P>
</DIV8>


<DIV8 N="§ 939.701" NODE="30:3.0.1.18.108.0.1.2" TYPE="SECTION">
<HEAD>§ 939.701   General.</HEAD>
<P>Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining and reclamation operations in Rhode Island. 


</P>
</DIV8>


<DIV8 N="§ 939.702" NODE="30:3.0.1.18.108.0.1.3" TYPE="SECTION">
<HEAD>§ 939.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 939.707" NODE="30:3.0.1.18.108.0.1.4" TYPE="SECTION">
<HEAD>§ 939.707   Exemption for coal extraction incident to Government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 939.761" NODE="30:3.0.1.18.108.0.1.5" TYPE="SECTION">
<HEAD>§ 939.761   Areas designated unsuitable for surface coal mining by Act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 939.762" NODE="30:3.0.1.18.108.0.1.6" TYPE="SECTION">
<HEAD>§ 939.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 939.764" NODE="30:3.0.1.18.108.0.1.7" TYPE="SECTION">
<HEAD>§ 939.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities shall become applicable in Rhode Island on May 28, 1983. 


</P>
</DIV8>


<DIV8 N="§ 939.772" NODE="30:3.0.1.18.108.0.1.8" TYPE="SECTION">
<HEAD>§ 939.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, any person who intends to conduct coal exploration shall, prior to conducting the exploration, file with the regulatory authority a written notice of intention to explore including: 
</P>
<P>(1) The name, address, and telephone number of the person seeking to explore;
</P>
<P>(2) The name, address, and telephone number of the representative who will be present at and responsible for conducting the exploration activities;
</P>
<P>(3) A precise description and map, at a scale of 1:24,000 or larger, of the exploration area;
</P>
<P>(4) A statement of the period of intended exploration;
</P>
<P>(5) If the surface is owned by a person other than the person who intends to explore, a description of the basis upon which the person who will explore claims the right to enter such area for the purpose of conducting exploration and reclamation; and
</P>
<P>(6) A description of the practices proposed to be followed to protect the environment from adverse impacts as a result of the exploration activities.
</P>
<P>(d) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<CITA TYPE="N">[52 FR 13813, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 939.773" NODE="30:3.0.1.18.108.0.1.9" TYPE="SECTION">
<HEAD>§ 939.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office.
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the application of the findings;
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) Should the applicant not submit the information as required by § 939.773(b)(2)(ii) by the specified date, the Office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability.
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter.
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(d) Where applicable, no person shall conduct surface coal exploration operations which result in the removal of more than 250 tons of coal nor shall any person conduct surface coal mining operations without a permit issued by the Secretary pursuant to 30 CFR part 773 and permits issued pursuant to State law, including: the Wetlands Protection Act (R.I. General Laws Section 2-1-22); Chapter 20 of the Waters and Navigation Act (petitions for ditches and drains) (R.I. General Laws Section 46-20-1 <I>et seq.</I>); the Coastal Resources Management Council Act of 1971 (R.I. General Laws Section 46-23-6); the Rhode Island Hazardous Waste Management Act of 1978 (R.I. General Laws Section 23-19.1-11 <I>et seq.</I>); the Rhode Island Act for Inspection of Dams and Reservoirs (R.I. General Laws Section 46-19-1 <I>et seq.</I>) and Chapter 23-28.28 of Rhode Island's Health and Safety Code (R.I. General Laws Section 23-28.28-1 <I>et seq.,</I> permits for blasting), and an order of approval authorizing discharge of sewage into waterways within the State and modification or operation of sewage disposal systems if applicable (R.I. General Laws Sections 46-12-1 to 46-12-37). The permit issued by the Secretary shall incorporate the requirements of the Rhode Island Historical Zoning Act of 1954, as amended (R.I. General Laws Section 45-24.1-1 <I>et seq.</I>) and the Rhode Island Antiquities Act of 1974 (R.I. General Laws Section 42-45.1-1 <I>et seq.</I>).
</P>
<P>(e) The Secretary shall coordinate review and issuance of a coal exploration or surface coal mining permit with the review and issuance of other Federal and State permits listed in this section and 30 CFR part 773.
</P>
<CITA TYPE="N">[52 FR 13813, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 939.774" NODE="30:3.0.1.18.108.0.1.10" TYPE="SECTION">
<HEAD>§ 939.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits.
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE.
</P>
<P>(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775.
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later.
</P>
<CITA TYPE="N">[52 FR 13814, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000] 


</CITA>
</DIV8>


<DIV8 N="§ 939.775" NODE="30:3.0.1.18.108.0.1.11" TYPE="SECTION">
<HEAD>§ 939.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of his chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits.
</P>
<CITA TYPE="N">[52 FR 13814, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 939.777" NODE="30:3.0.1.18.108.0.1.12" TYPE="SECTION">
<HEAD>§ 939.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13814, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 939.778" NODE="30:3.0.1.18.108.0.1.13" TYPE="SECTION">
<HEAD>§ 939.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[52 FR 13814, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 939.779" NODE="30:3.0.1.18.108.0.1.14" TYPE="SECTION">
<HEAD>§ 939.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 939.780" NODE="30:3.0.1.18.108.0.1.15" TYPE="SECTION">
<HEAD>§ 939.780   Surface mining permit applications—minimum requirements for reclamation and operations plan.</HEAD>
<P>(a) Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.
</P>
<P>(b) The applicant for a permit shall demonstrate compliance with Rhode Island air quality control laws (R.I. General Laws Section 23-23-1 <I>et seq.</I>) by obtaining an order of approval from the Director of the Department of Environmental Management for any facility with the potential to emit one ton per year or more of any air contaminant pursuant to R.I. General Laws Section 23-23-15.


</P>
</DIV8>


<DIV8 N="§ 939.783" NODE="30:3.0.1.18.108.0.1.16" TYPE="SECTION">
<HEAD>§ 939.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 939.784" NODE="30:3.0.1.18.108.0.1.17" TYPE="SECTION">
<HEAD>§ 939.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground coal mining.


</P>
</DIV8>


<DIV8 N="§ 939.785" NODE="30:3.0.1.18.108.0.1.18" TYPE="SECTION">
<HEAD>§ 939.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein.


</P>
</DIV8>


<DIV8 N="§ 939.795" NODE="30:3.0.1.18.108.0.1.19" TYPE="SECTION">
<HEAD>§ 939.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program. 


</P>
</DIV8>


<DIV8 N="§ 939.800" NODE="30:3.0.1.18.108.0.1.20" TYPE="SECTION">
<HEAD>§ 939.800   General requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 939.815" NODE="30:3.0.1.18.108.0.1.21" TYPE="SECTION">
<HEAD>§ 939.815   Performance standards—coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations. 


</P>
</DIV8>


<DIV8 N="§ 939.816" NODE="30:3.0.1.18.108.0.1.22" TYPE="SECTION">
<HEAD>§ 939.816   Performance standards—surface mining activities.</HEAD>
<P>Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 939.817" NODE="30:3.0.1.18.108.0.1.23" TYPE="SECTION">
<HEAD>§ 939.817   Performance standards—underground mining activities.</HEAD>
<P>Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground coal mining operations. 


</P>
</DIV8>


<DIV8 N="§ 939.819" NODE="30:3.0.1.18.108.0.1.24" TYPE="SECTION">
<HEAD>§ 939.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining. 


</P>
</DIV8>


<DIV8 N="§ 939.823" NODE="30:3.0.1.18.108.0.1.25" TYPE="SECTION">
<HEAD>§ 939.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands. 


</P>
</DIV8>


<DIV8 N="§ 939.824" NODE="30:3.0.1.18.108.0.1.26" TYPE="SECTION">
<HEAD>§ 939.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining. 


</P>
</DIV8>


<DIV8 N="§ 939.827" NODE="30:3.0.1.18.108.0.1.27" TYPE="SECTION">
<HEAD>§ 939.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.


</P>
</DIV8>


<DIV8 N="§ 939.828" NODE="30:3.0.1.18.108.0.1.28" TYPE="SECTION">
<HEAD>§ 939.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities.


</P>
</DIV8>


<DIV8 N="§ 939.842" NODE="30:3.0.1.18.108.0.1.29" TYPE="SECTION">
<HEAD>§ 939.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all coal exploration and surface coal mining and reclamation operations.
</P>
<P>(b) The Secretary will furnish copies of inspection reports and reports of any enforcement action taken to the Rhode Island Department of Environmental Management upon request.


</P>
</DIV8>


<DIV8 N="§ 939.843" NODE="30:3.0.1.18.108.0.1.30" TYPE="SECTION">
<HEAD>§ 939.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply when enforcement action is required for violations on coal exploration or surface coal mining and reclamation operations.
</P>
<P>(b) The Office will furnish a copy of any order to show cause to the Rhode Island Department of Environmental Management upon request.


</P>
</DIV8>


<DIV8 N="§ 939.845" NODE="30:3.0.1.18.108.0.1.31" TYPE="SECTION">
<HEAD>§ 939.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply when civil penalties are assessed for violations on surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 939.846" NODE="30:3.0.1.18.108.0.1.32" TYPE="SECTION">
<HEAD>§ 939.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 939.955" NODE="30:3.0.1.18.108.0.1.33" TYPE="SECTION">
<HEAD>§ 939.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="941" NODE="30:3.0.1.18.109" TYPE="PART">
<HEAD>PART 941—SOUTH DAKOTA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 16823, Apr. 19, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 941.700" NODE="30:3.0.1.18.109.0.1.1" TYPE="SECTION">
<HEAD>§ 941.700   South Dakota Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in South Dakota which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the South Dakota Federal program.
</P>
<P>(c) The rules in this part apply to all surface coal mining operations in South Dakota conducted on non-Federal and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in South Dakota.
</P>
<P>(d) The recordkeeping and reporting requirements of this part are the same as those of the permanent program regulations which have been approved by the Office of Management and Budget under 44 U.S.C. 3507. 
</P>
<P>(e) The following provisions of South Dakota laws provide, where applicable, for more stringent environmental control and regulation of surface coal mining operations than do the provisions of the Act and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, they shall not be construed to be inconsistent with the Act:
</P>
<P>(1) South Dakota Compiled Laws Annotated (S. D. Comp. Laws Ann.) Chap. 45-6B, section 33(1)-(5) on lands unsuitable for mining.
</P>
<P>(2) S. D. Comp. Laws Ann. Chap. 45-6C, sections 16, 19, 27, and 28.
</P>
<P>(3) Weed Control, S. D. Comp. Laws Ann. Chap. 38-22.
</P>
<P>(4) Protection of fishing waters, S. D. Comp. Laws Ann. Chap. 41-13.
</P>
<P>(5) Remedies for protection of the environment, S. D. Comp. Laws Ann. Chap. 34A-10.
</P>
<P>(6) Air pollution control, S. D. Comp. Laws Ann. Chap. 34A-1.
</P>
<P>(7) Water pollution control, S. D. Comp. Laws Ann. Chap. 34A-2.
</P>
<P>(8) Solid waste disposal, S. D. Comp. Laws Ann. Chap. 34A-6.
</P>
<P>(9) Groundwater, S. D. Comp. Laws Ann. Chap. 46-6.
</P>
<P>(f) The following are South Dakota laws that interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and superseded with respect to surface coal mining, except to the extent that they regulate surface coal mining operations which affect two acres or less, or which otherwise are not regulated by the Surface Mining Control and Reclamation Act.
</P>
<P>(1) S. D. Comp. Laws Ann. Chap. 45-6B, except with respect to the criteria for designating lands unsuitable for mining, section 33(1)-(5).
</P>
<P>(2) S. D. Comp. Laws Ann. Chap. 45-6C, except with respect to the requirements to consult with the owner of surface lands to be explored and the right of the owner to establish reasonable restrictions on exploration travel (section 16), the requirement to post an exploration reclamation bond (section 19), the prohibition of explosives use in exploration within one-half mile of a flowing water well or a domestic water well without the owner's permission (section 27), and the requirement to cap, plug, and seal all exploration test holes (section 28).
</P>
<P>(g) The Secretary may grant a limited variance from the performance standards of §§ 941.815 through 941.828 of this part if the applicant for coal exploration approval or a surface mining permit submitted pursuant to §§ 941.772 through 941.785 demonstrates in the application that: 
</P>
<P>(1) Such variance is necessary because of the unique nature of South Dakota's terrain, climate, biological, chemical, or other relevant physical conditions; and 
</P>
<P>(2) The proposed alternative will achieve equal or greater environmental protection than does the performance requirement from which the variance is requested. 
</P>
<CITA TYPE="N">[48 FR 16823, Apr. 19, 1983, as amended at 52 FR 13814, Apr. 24, 1987] 


</CITA>
</DIV8>


<DIV8 N="§ 941.701" NODE="30:3.0.1.18.109.0.1.2" TYPE="SECTION">
<HEAD>§ 941.701   General.</HEAD>
<P>Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining operations in South Dakota.


</P>
</DIV8>


<DIV8 N="§ 941.702" NODE="30:3.0.1.18.109.0.1.3" TYPE="SECTION">
<HEAD>§ 941.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 941.707" NODE="30:3.0.1.18.109.0.1.4" TYPE="SECTION">
<HEAD>§ 941.707   Exemption for coal extraction incident to Government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 941.761" NODE="30:3.0.1.18.109.0.1.5" TYPE="SECTION">
<HEAD>§ 941.761   Areas designated unsuitable for surface coal mining by act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 941.762" NODE="30:3.0.1.18.109.0.1.6" TYPE="SECTION">
<HEAD>§ 941.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mine operations.


</P>
</DIV8>


<DIV8 N="§ 941.764" NODE="30:3.0.1.18.109.0.1.7" TYPE="SECTION">
<HEAD>§ 941.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities shall apply to surface coal mine operations beginning one year after the effective date of this program.


</P>
</DIV8>


<DIV8 N="§ 941.772" NODE="30:3.0.1.18.109.0.1.8" TYPE="SECTION">
<HEAD>§ 941.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations. 
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. 
</P>
<CITA TYPE="N">[52 FR 13814, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 941.773" NODE="30:3.0.1.18.109.0.1.9" TYPE="SECTION">
<HEAD>§ 941.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations. 
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply: 
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office. 
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may: 
</P>
<P>(i) Reject a flagrantly deficient application, notifying the application of the findings;
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or 
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review. 
</P>
<P>(3) Should the applicant not submit the information as required by § 941.773(b)(2)(ii) by the specified date, the office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability. 
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter. 
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags. 
</P>
<P>(c) In addition to the information required by Subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act. 
</P>
<P>(d) Where applicable, no person shall conduct surface coal exploration operations which result in the removal of more than 250 tons of coal, nor shall any person conduct surface coal mining operations without a permit issued by the Secretary pursuant to 30 CFR part 773, and permits, leases and certificates required by the State of South Dakota including compliance with: (1) Air pollution control, S.D. Comp. Laws Ann. Chap. 34A-1; (2) water pollution control, S.D. Comp. Laws Ann. Chap. 34A-2; and (3) solid waste disposal, S.D. Comp. Laws Ann. Chap. 34A-6. 
</P>
<P>(e) No person shall be granted a permit to conduct exploration which results in the removal of more than 250 tons of coal or shall conduct surface coal mining unless that person has acquired all required permits, leases, and certificates listed in paragraph (d) of this section. 
</P>
<CITA TYPE="N">[52 FR 13815, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 941.774" NODE="30:3.0.1.18.109.0.1.10" TYPE="SECTION">
<HEAD>§ 941.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits. 
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE. 
</P>
<P>(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b)(1) and (2), and 778.21 and of part 775. 
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. 
</P>
<P>(c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later. 
</P>
<CITA TYPE="N">[52 FR 13815, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 941.775" NODE="30:3.0.1.18.109.0.1.11" TYPE="SECTION">
<HEAD>§ 941.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits. 
</P>
<CITA TYPE="N">[52 FR 13815, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 941.777" NODE="30:3.0.1.18.109.0.1.12" TYPE="SECTION">
<HEAD>§ 941.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[52 FR 13815, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 941.778" NODE="30:3.0.1.18.109.0.1.13" TYPE="SECTION">
<HEAD>§ 941.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations. 
</P>
<CITA TYPE="N">[52 FR 13815, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 941.779" NODE="30:3.0.1.18.109.0.1.14" TYPE="SECTION">
<HEAD>§ 941.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 941.780" NODE="30:3.0.1.18.109.0.1.15" TYPE="SECTION">
<HEAD>§ 941.780   Surface mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>(a) Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.
</P>
<P>(b) Each applicant for a permit shall demonstrate compliance with the South Dakota laws on air pollution, S. D. Comp. Laws Ann. Chap. 34A-1, water pollution control, S. D. Comp. Laws Ann. Chap. 34A-2, and solid waste disposal, S. D. Comp. Laws Ann. Chap. 34A-6.


</P>
</DIV8>


<DIV8 N="§ 941.783" NODE="30:3.0.1.18.109.0.1.16" TYPE="SECTION">
<HEAD>§ 941.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground mining operations.


</P>
</DIV8>


<DIV8 N="§ 941.784" NODE="30:3.0.1.18.109.0.1.17" TYPE="SECTION">
<HEAD>§ 941.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground mining.


</P>
</DIV8>


<DIV8 N="§ 941.785" NODE="30:3.0.1.18.109.0.1.18" TYPE="SECTION">
<HEAD>§ 941.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 941.795" NODE="30:3.0.1.18.109.0.1.19" TYPE="SECTION">
<HEAD>§ 941.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program.


</P>
</DIV8>


<DIV8 N="§ 941.800" NODE="30:3.0.1.18.109.0.1.20" TYPE="SECTION">
<HEAD>§ 941.800   General requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 941.815" NODE="30:3.0.1.18.109.0.1.21" TYPE="SECTION">
<HEAD>§ 941.815   Performance standards—coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations.


</P>
</DIV8>


<DIV8 N="§ 941.816" NODE="30:3.0.1.18.109.0.1.22" TYPE="SECTION">
<HEAD>§ 941.816   Performance standards—surface mining activities.</HEAD>
<P>Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 941.817" NODE="30:3.0.1.18.109.0.1.23" TYPE="SECTION">
<HEAD>§ 941.817   Performance standards—underground mining activities.</HEAD>
<P>Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground mining operations.


</P>
</DIV8>


<DIV8 N="§ 941.819" NODE="30:3.0.1.18.109.0.1.24" TYPE="SECTION">
<HEAD>§ 941.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining.


</P>
</DIV8>


<DIV8 N="§ 941.822" NODE="30:3.0.1.18.109.0.1.25" TYPE="SECTION">
<HEAD>§ 941.822   Special performance standards—operations in alluvial valley floors.</HEAD>
<P>Part 822 of this chapter, <I>Special Permanent Program Performance Standards—Operations in Alluvial Valley Floors,</I> shall apply to any person who conducts surface coal mining and reclamation operations on alluvial valley floors.


</P>
</DIV8>


<DIV8 N="§ 941.823" NODE="30:3.0.1.18.109.0.1.26" TYPE="SECTION">
<HEAD>§ 941.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands.


</P>
</DIV8>


<DIV8 N="§ 941.824" NODE="30:3.0.1.18.109.0.1.27" TYPE="SECTION">
<HEAD>§ 941.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining.


</P>
</DIV8>


<DIV8 N="§ 941.827" NODE="30:3.0.1.18.109.0.1.28" TYPE="SECTION">
<HEAD>§ 941.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.


</P>
</DIV8>


<DIV8 N="§ 941.828" NODE="30:3.0.1.18.109.0.1.29" TYPE="SECTION">
<HEAD>§ 941.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities.


</P>
</DIV8>


<DIV8 N="§ 941.842" NODE="30:3.0.1.18.109.0.1.30" TYPE="SECTION">
<HEAD>§ 941.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.
</P>
<P>(b) The Office will furnish a copy of any inspection report or enforcement action taken to the South Dakota Department of Water and Natural Resources upon request.


</P>
</DIV8>


<DIV8 N="§ 941.843" NODE="30:3.0.1.18.109.0.1.31" TYPE="SECTION">
<HEAD>§ 941.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply when enforcement action is required for violations on surface coal mining and reclamation operations.
</P>
<P>(b) The Office will furnish a copy of each enforcement action and order to show cause issued pursuant to this section to the South Dakota Department of Water and Natural Resources upon request.


</P>
</DIV8>


<DIV8 N="§ 941.845" NODE="30:3.0.1.18.109.0.1.32" TYPE="SECTION">
<HEAD>§ 941.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply when civil penalties are assessed for violations on surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 941.846" NODE="30:3.0.1.18.109.0.1.33" TYPE="SECTION">
<HEAD>§ 941.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 941.955" NODE="30:3.0.1.18.109.0.1.34" TYPE="SECTION">
<HEAD>§ 941.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="942" NODE="30:3.0.1.18.110" TYPE="PART">
<HEAD>PART 942—TENNESSEE
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>49 FR 38892, Oct. 1, 1984, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 942.20" NODE="30:3.0.1.18.110.0.1.1" TYPE="SECTION">
<HEAD>§ 942.20   Approval of Tennessee reclamation plan for lands and waters affected by past coal mining.</HEAD>
<P>The Tennessee Reclamation Plan, as submitted on March 24, 1982, is approved. Copies of the approved program are available at:
</P>
<EXTRACT>
<FP-1>Office of Surface Mining Reclamation and Enforcement, 530 Gay Street, Suite 500, Knoxville, Tennessee 37902
</FP-1>
<FP-1>State of Tennessee Department of Conservation, Division of Surface Mining and Reclamation, 305 West Springvale, Knoxville, Tennessee 37917
</FP-1>
<FP-1>Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 5315, 1100 'L' Street, NW, Washington, DC 20240.</FP-1></EXTRACT>
</DIV8>


<DIV8 N="§ 942.25" NODE="30:3.0.1.18.110.0.1.2" TYPE="SECTION">
<HEAD>§ 942.25   Approval of Tennessee abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of publication of final rule
</TH><TH class="gpotbl_colhed" scope="col">Citation/Description of approved provisions
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 6, 2011</TD><TD align="left" class="gpotbl_cell">February 12, 2013</TD><TD align="left" class="gpotbl_cell">Revised AML Plan.
<br/>TCA Section 59-8-324(m).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[78 FR 9807, Feb. 12, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 942.700" NODE="30:3.0.1.18.110.0.1.3" TYPE="SECTION">
<HEAD>§ 942.700   Tennessee Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in Tennessee which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) Certain of the rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a cross-referenced rule is in the permanent program rule cited under the relevant section of this part.
</P>
<P>(c) This part applies to all surface coal mining operations in Tennessee conducted on non-Federal and non-Indian lands. To the extent required by part 740 of this chapter, this part also applies to operations on Federal lands in Tennessee.
</P>
<P>(d) The information collection requirements contained in this part have been approved by the office of Management and Budget under 44 U.S.C. 3507 and assigned the following clearance numbers: 1029-0007, 1029-0009, 1029-0032, 1029-0033, 1029-0034, 1029-0035, 1029-0036, 1029-0038, 1029-0039, 1029-0040, 1029-0041, 1029-0043, 1029-0047, 1029-0048, 1029-0049, 1029-0080. 


</P>
</DIV8>


<DIV8 N="§ 942.701" NODE="30:3.0.1.18.110.0.1.4" TYPE="SECTION">
<HEAD>§ 942.701   General.</HEAD>
<P>(a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this section, §§ 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to coal exploration and surface coal mining and reclamation operations.
</P>
<P>(2) The definition of <I>support facilities</I> in § 701.5 of this chapter shall not apply to surface coal mining and reclamation operations.
</P>
<P>(3) The definitions of <I>surface coal mining operations</I> in § 700.5, and <I>coal preparation or coal processing</I> and <I>coal preparation plant</I> in § 701.5 of this chapter shall include facilities which leach, chemically process, or physically process coal.
</P>
<P>(b) Surface coal mining and reclamation operations in Tennessee which do not have a permanent program permit issued by the State of Tennessee prior to the effective date of this program, but which filed a permit application on a timely basis and were allowed to operate under the Tennessee State program, may continue to operate until the Office issues or denies a permit if they: (1) Comply with Subchapter B of this chapter until issuance or denial of a permit under this program; (2) authorize transfer to OSM of any permit application pending with the State regulatory authority; and (3) provide to the Office on a timely basis any requested additional information necessary to make a complete permit application.
</P>
<P>(c) Persons engaged in underground mining activities which do not have and did not apply for a permanent program permit from the State of Tennessee prior to the effective date of this program, but which were allowed to operate under the Tennessee State program, may continue to operate beyond eight months after the effective date of this program if they: (1) Within two months of the effective date of this program apply to OSM for a permit; (2) comply with Subchapter B of this chapter until issuance or denial of a permit under this program; and (3) provide to the Office on a timely basis any requested additional information necessary to make a complete permit application.
</P>
<P>(d) Persons operating facilities which leach, chemically process, or physically process coal which do not have a permanent program permit from the State of Tennessee prior to the effective date of this program, may continue to operate beyond eight months after the effective date of this program if they: (1) Within two months of the effective date of this program apply to OSM for a permit; (2) comply with Subchapter B of this chapter until issuance or denial of a permit under this program; and (3) provide to the Office on a timely basis any requested additional information necessary to make a complete permit application.
</P>
<P>(e) Records required by § 700.14 of this chapter to be made available locally to the public shall be retained at OSM's Knoxville Field Office.


</P>
</DIV8>


<DIV8 N="§ 942.702" NODE="30:3.0.1.18.110.0.1.5" TYPE="SECTION">
<HEAD>§ 942.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 942.707" NODE="30:3.0.1.18.110.0.1.6" TYPE="SECTION">
<HEAD>§ 942.707   Exemption for coal extraction incident to government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 942.761" NODE="30:3.0.1.18.110.0.1.7" TYPE="SECTION">
<HEAD>§ 942.761   Areas designated unsuitable for surface coal mining by act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 942.762" NODE="30:3.0.1.18.110.0.1.8" TYPE="SECTION">
<HEAD>§ 942.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>(a) Part 762 of this chapter, <I>Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the lands defined as fragile lands in § 762.5 of this chapter, the Office in evaluating any petition to designate lands as unsuitable or to terminate such designation will consider lands included on the Tennessee Natural Areas Registry under Tennessee Code Annotated (TCA) section 11-14-112, Natural Areas designated by the Tennessee General Assembly under TCA 11-14-108, areas adjoining Tennessee Scenic Rivers designated under TCA 11-13-101, and Scenic Trails designated under TCA 11-11-101.


</P>
</DIV8>


<DIV8 N="§ 942.764" NODE="30:3.0.1.18.110.0.1.9" TYPE="SECTION">
<HEAD>§ 942.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>(a) Part 764 of this chapter, <I>State Process for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mining and reclamation operations.
</P>
<P>(b) The Secretary shall notify the Tennessee Department of Health and Environment of any area designated unsuitable or for which such designation has been requested or terminated.
</P>
<P>(c) Unsuitability designations made under the Tennessee State program shall remain valid unless and until terminated.


</P>
</DIV8>


<DIV8 N="§ 942.772" NODE="30:3.0.1.18.110.0.1.10" TYPE="SECTION">
<HEAD>§ 942.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, Requirements for Coal Exploration, shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, the Office shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such reviews, setting forth the reasons and the additional time that is needed.
</P>
<CITA TYPE="N">[53 FR 52950, Dec. 29, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 942.773" NODE="30:3.0.1.18.110.0.1.11" TYPE="SECTION">
<HEAD>§ 942.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office.
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the applicant of the findings;
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and the date by which the information must be submitted; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) Should the applicant not submit the information as required by § 942.773(b)(2)(ii) by the specified date, the Office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability.
</P>
<P>(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter.
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(6) Adequacy of information to allow the Office to comply with the National Environmental Policy Act, 42 U.S.C. 4322, shall be considered in the determination of a complete application. The Office may require specific additional information from the applicant as any environmental review progresses when such specific information is needed. Failure to submit the additional information by the date(s) requested could result in disapproval of the application.
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(d) <I>Review of Tennessee State program permits.</I> In lieu of the provisions of § 773.5(d)(2) of this chapter, the following shall apply:
</P>
<P>(1) Beginning on the effective date of this program, the Office will review all permanent program permits issued by the State of Tennessee.
</P>
<P>(2) If the Office determines that any State permit was granted contrary to the provisions of the Act, the Office will: (i) Notify the permittee in writing and state the reasons for its determination; (ii) provide the permittee a reasonable time within which to resubmit the permit application in whole or in part, as appropriate; (iii) provide the permittee a reasonable time within which to conform ongoing surface coal mining and reclamation operations to the requirements of this part; and (iv) provide the permittee with the opportunity for a non-adjudicatory hearing to contest the determination by the Office.
</P>
<P>(3) If the permittee fails to resubmit the permit application or conform the ongoing surface coal mining and reclamation operations to the requirements of this part within the time specified, the Office may suspend or revoke the permit. 
</P>
<P>(4) The Office's suspension or revocation of a permit under paragraph (d)(3) of this section shall be subject to administrative and judicial review in accordance with the provisions of part 775 of this chapter.
</P>
<CITA TYPE="N">[49 FR 38892, Oct. 1, 1984, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 942.774" NODE="30:3.0.1.18.110.0.1.12" TYPE="SECTION">
<HEAD>§ 942.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits.
</P>
<P>(b) Any revision to the approved mining or reclamation plan will be subject to review and approval by the Office.
</P>
<P>(c) A significant revision to the mining or reclamation plan will be subject to the permit application information requirements and procedures of Subchapter G, including notice, public participation, and notice of decision requirements of § 773.6, 773.19(b)(1) and (3), and 778.21, prior to approval and implementation. The Office will consider any proposed revision to be significant if it:
</P>
<P>(1) Will result in adverse impacts beyond those previously considered, affecting cultural resources listed on, or eligible to be listed on, the National Register of Historic Places;
</P>
<P>(2) Involves changes to the blasting plan that will be likely to cause adverse impacts beyond those previously considered, to persons or property outside of the permit area;
</P>
<P>(3) Will result in adverse impacts beyond those previously considered, affecting a water supply to which the requirements of 30 CFR 816.41(h) apply;
</P>
<P>(4) Will cause a new or updated probable hydrologic consequences determination or cumulative hydrologic impact analysis to be required under 30 CFR 780.21(f)(4) or 780.21(g)(2) as a result of an increase in impacts;
</P>
<P>(5) Requires a change in the identification, disturbance, or handling of toxic- or acid-forming materials different from those previously considered, where the changes have the potential for causing additional impacts not previously considered;
</P>
<P>(6) Will result in adverse impacts on fish, wildlife and related environmental values beyond those previously considered;
</P>
<P>(7) Includes the proposed addition of a coal processing facility, or any permanent support facility, where the addition of the facility will cause impacts not previously considered, except that the addition of a temporary coal processing facility used exclusively for crushing and screening need not be considered a significant revision; or
</P>
<P>(8) Involves a change in the postmining land use to a residential, industrial/commercial, recreation or developed water resources land use, as defined in 30 CFR 701.5; except that a change to a developed water resource not meeting the size criteria of § 77.216(a) of this title need not be considered a significant revision.
</P>
<P>(d) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later.
</P>
<CITA TYPE="N">[49 FR 38892, Oct. 1, 1984, as amended at 53 FR 49106, Dec. 5, 1988; 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 942.775" NODE="30:3.0.1.18.110.0.1.13" TYPE="SECTION">
<HEAD>§ 942.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits.


</P>
</DIV8>


<DIV8 N="§ 942.777" NODE="30:3.0.1.18.110.0.1.14" TYPE="SECTION">
<HEAD>§ 942.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who makes application for a permit to conduct surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 942.778" NODE="30:3.0.1.18.110.0.1.15" TYPE="SECTION">
<HEAD>§ 942.778   Permit applications—Minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information,</I> shall apply to any person who makes application for a permit to conduct surface coal mining and reclamation operations. 


</P>
</DIV8>


<DIV8 N="§ 942.779" NODE="30:3.0.1.18.110.0.1.16" TYPE="SECTION">
<HEAD>§ 942.779   Surface mining permit applications—Minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 942.780" NODE="30:3.0.1.18.110.0.1.17" TYPE="SECTION">
<HEAD>§ 942.780   Surface mining permit applications—Minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 780 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 942.783" NODE="30:3.0.1.18.110.0.1.18" TYPE="SECTION">
<HEAD>§ 942.783   Underground mining permit applications—Minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct underground coal mining operations. 


</P>
</DIV8>


<DIV8 N="§ 942.784" NODE="30:3.0.1.18.110.0.1.19" TYPE="SECTION">
<HEAD>§ 942.784   Underground mining permit applications—Minimum requirements for reclamation and operation plan.</HEAD>
<P>Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application for a permit to conduct underground coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 942.785" NODE="30:3.0.1.18.110.0.1.20" TYPE="SECTION">
<HEAD>§ 942.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein. 


</P>
</DIV8>


<DIV8 N="§ 942.795" NODE="30:3.0.1.18.110.0.1.21" TYPE="SECTION">
<HEAD>§ 942.795   Small operator assistance program.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance Program,</I> shall apply to any person making application for assistance under the small operator assistance program. 


</P>
</DIV8>


<DIV8 N="§ 942.800" NODE="30:3.0.1.18.110.0.1.22" TYPE="SECTION">
<HEAD>§ 942.800   Bond and insurance requirements for surface coal mining and reclamation operations.</HEAD>
<P>(a) Except as provided in paragraphs (b) and (c) of this section, part 800 of this chapter, Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs, shall apply to any person conducting surface mining and reclamation operations.
</P>
<P>(b)(1) The Office shall review the adequacy of the bonds for those operators who posted reclamation bonds with the State of Tennessee under its permanent regulatory program prior to the effective date of this program, who gave the State collateral to guarantee reclamation, or who was required to take either of these actions. 
</P>
<P>(2) Where the Office determines that a bond amount is inadequate it shall notify the operator that additional bond is required. The operator shall post the required bond or collateral in the amount and within the time required by the Office. All bonds shall be made payable to “The United States or the State of Tennessee.” 
</P>
<P>(3) Not later than 30 days after the effective date of this program each permanent program permittee shall either:
</P>
<P>(i) Post an acceptable new bond in the required amount made payable to “The United States or The State of Tennessee” or
</P>
<P>(ii) Provide an executed assignment of the required acceptable bond made payable to “The United States or The State of Tennessee.”
</P>
<P>(c) <I>Special consideration for sites with long-term postmining pollutional discharges.</I> With the approval of the Office, the permittee may establish a trust fund, annuity or both to guarantee treatment of long-term postmining pollutional discharges in lieu of posting one of the bond forms listed in § 800.12 of this chapter for that purpose. The trust fund or annuity will be subject to the following conditions:
</P>
<P>(1) The Office will determine the amount of the trust fund or annuity, which must be adequate to meet all anticipated treatment needs, including both capital and operational expenses.
</P>
<P>(2) The trust fund or annuity must be in a form approved by the Office and contain all terms and conditions required by the Office.
</P>
<P>(3) The trust fund or annuity must provide that the United States or the State of Tennessee is irrevocably established as the beneficiary of the trust fund or of the proceeds from the annuity.
</P>
<P>(4) The Office will specify the investment objectives of the trust fund or annuity.
</P>
<P>(5) Termination of the trust fund or annuity may occur only as specified by the Office upon a determination that no further treatment or other reclamation measures are necessary, that a replacement bond or another financial instrument has been posted, or that the administration of the trust fund or annuity in accordance with its purpose requires termination.
</P>
<P>(6) Release of money from the trust fund or annuity may be made only upon written authorization of the Office or according to a schedule established in the agreement accompanying the trust fund or annuity.
</P>
<P>(7) A financial institution or company serving as a trustee or issuing an annuity must be one of the following:
</P>
<P>(i) A bank or trust company chartered by the Tennessee Department of Financial Institutions;
</P>
<P>(ii) A national bank chartered by the Office of the Comptroller of the Currency;
</P>
<P>(iii) An operating subsidiary of a national bank chartered by the Office of the Comptroller of the Currency;
</P>
<P>(iv) An insurance company licensed or authorized to do business in Tennessee by the Tennessee Department of Commerce and Insurance or designated by the Commissioner of that Department as an eligible surplus lines insurer; or
</P>
<P>(v) Any other financial institution or company with trust powers and with offices located in Tennessee, provided that the institution's or company's activities are examined or regulated by a State or Federal agency.
</P>
<P>(8) Trust funds and annuities, as described in this paragraph, must be established in a manner that guarantees that sufficient moneys will be available to pay for treatment of postmining pollutional discharges (including maintenance, renovation, and replacement of treatment and support facilities as needed), the reclamation of the sites upon which treatment facilities are located and areas used in support of those facilities.
</P>
<P>(9) When a trust fund or annuity is in place and fully funded, the Office may approve release under § 800.40(c)(3) of this chapter of conventional bonds posted for a permit or permit increment, provided that, apart from the pollutional discharge and associated treatment facilities, the area fully meets all applicable reclamation requirements and the trust fund or annuity is sufficient for treatment of pollutional discharges and reclamation of all areas involved in such treatment. The portion of the permit required for postmining water treatment must remain bonded. However, the trust fund or annuity may serve as that bond.
</P>
<CITA TYPE="N">[49 FR 38892, Oct. 1, 1984, as amended at 72 FR 9636, Mar. 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 942.815" NODE="30:3.0.1.18.110.0.1.23" TYPE="SECTION">
<HEAD>§ 942.815   Performance standards—Coal exploration.</HEAD>
<P>Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person who conducts coal exploration.


</P>
</DIV8>


<DIV8 N="§ 942.816" NODE="30:3.0.1.18.110.0.1.24" TYPE="SECTION">
<HEAD>§ 942.816   Performance standards—Surface mining activities.</HEAD>
<P>(a) Except as modified by paragraphs (b) through (h) of this section, part 816 of this chapter, Permanent Program Performance Standards—Surface Mining Activities, shall apply to any person who conducts surface mining activities in the State of Tennessee. 
</P>
<P>(b) The permittee shall comply with the site-specific terms of the permit except that references to provisions of the Tennessee State program shall be read to require compliance with the relevant provisions of this part. Where the permit does not specify site-specific standards with which compliance is required, the permittee shall comply with the standards of this part. 
</P>
<P>(c) <I>Diversions.</I> In lieu of the requirements of § 816.43(a)(4) of this chapter, diversion design shall incorporate the following requirements: 
</P>
<P>(1) Channel lining shall be designed using standard engineering practices to pass safely the design velocities. Riprap shall comply with the requirement of § 816.71(f)(3) of this chapter, except for sand and gravel. 
</P>
<P>(2) Freeboard shall be no less than 0.3 feet. Protection shall be provided for transition of flows and for critical areas such as swales and curves. Where the area protected is a critical area as determined by the Office, the design freeboard may be increased. 
</P>
<P>(3) Energy dissipators shall be installed when necessary at discharge points, where diversions intersect with natural streams and exit velocity of the diversion ditch flow is greater than that of the receiving stream.
</P>
<P>(4) Excess excavated material not utilized in diversion channel geometry or regrading of the channel shall be disposed of in accordance with §§ 816.71 through 816.74 of this chapter.
</P>
<P>(d) <I>Hydrologic Balance: Siltation Structures.</I> In lieu of the requirements of § 816.46(c)(1)(iii)(A) of this chapter, sedimentation ponds shall provide a storage volume of no less than 0.2 acre feet per disturbed acre draining into the basin. The Office may approve lesser sediment storage volumes equal to the sediment calculated to enter the pond between planned cleanout intervals upon submission and approval of a plan for removing sedimentation from the pond which includes a description of the equipment to be used. The minimum sediment storage volume shall be equal to 0.1 acre feet per disturbed acre.
</P>
<P>(e) <I>Backfilling and grading: General requirements.</I> In addition to the requirements of § 816.102 of this chapter, backfilling and grading shall proceed in accordance with the following timing requirements:
</P>
<P>(1) <I>Contour mining.</I> Rough backfilling and grading shall follow coal removal by not more than 60 days or 1,500 linear feet.
</P>
<P>(2) <I>Area mining.</I> Rough backfilling and grading shall be completed within 180 days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge.
</P>
<P>(3) The Office may grant additional time for rough backfilling and grading if the permittee can demonstrate, through the detailed written analysis under § 780.18(b)(3) of this chapter, that additional time is necessary.
</P>
<P>(f) In lieu of the requirements of § 816.116 (b)(1) through (b)(3) of this chapter, the following revegetation success standards and sampling techniques shall be used by this Office. 
</P>
<P>(1) For areas developed for use as pasture or hay production, the ground cover shall be at least ninety percent (90%) and crop production shall be equal to or greater than the average county yield as stated by the Tennessee Crop Reporting Service for the county in which the permit area is located.
</P>
<P>(2) For areas developed for use as cropland, crop production shall be equal to or greater than the average county yield as stated by the Tennessee Crop Reporting Service for the county in which the permit area is located. Adjustment for local yield variation within the county may be made for disease, pests, weather-induced variations, and differences in crop management practices.
</P>
<P>(3) For areas developed for wildlife habitat, undeveloped land, recreation, or forestry, the stocking of woody plants must be at least equal to the rates specified in the approved reclamation plan. To minimize competition with woody plants, herbaceous ground cover should be limited to that necessary to control erosion and support the postmining land use. Seed mixes and seeding rates will be specified in the permit.
</P>
<P>(i) Minimum stocking levels and planting arrangements shall be specified by the Office on the basis of local and regional conditions and after consultation with the State agencies responsible for the administration of forestry and wildlife programs.
</P>
<P>(ii) Trees and shrubs that will be used in determining the success of stocking and the adequacy of plant arrangement shall have utility for the approved postmining land use. At the time of bond release, such trees and shrubs shall be healthy, and at least eighty percent (80%) shall have been in place for at least three growing seasons. No trees and shrubs in place for less than two growing seasons shall be counted in determining stocking adequacy.
</P>
<P>(iii) Vegetative ground cover shall not be less than that required to achieve the approved postmining land use.
</P>
<P>(4) Bare areas shall not exceed one-sixteenth (1/16) acre in size and total not more than ten percent (10%) of the area seeded, except for areas developed for wildlife habitat, undeveloped land, recreation, or forestry.
</P>
<P>(5) Distribution of woody plants within the permit area shall be consistent with the post-mining land use.
</P>
<P>(6) Sampling techniques for measuring woody plant stocking and ground cover shall be in accordance with techniques approved by the Office. Actual crop yields shall be used to determine production.
</P>
<P>(g) <I>Roads.</I> In lieu of the requirements of section 816.150(c) of this chapter, roads shall be designed and constructed or reconstructed in compliance with the following standards in order to control subsequent erosion and disturbance of the hydrologic balance.
</P>
<P>(1) <I>Primary Roads.</I> (i) Except for existing roads and where lesser grades are necessary to control site-specific conditions, the overall grades shall not exceed lv:10h (10 percent); the maximum pitch grade shall not exceed lv:6.5h (15 percent); and there shall be not more than three hundred (300) feet of pitch grade exceeding ten (10) percent within any consecutive one thousand (1,000) feet of primary roads. In no case shall there by any pitch grade over fifteen (15) percent.
</P>
<P>(ii) Culvert spacing shall not exceed one thousand (1,000) feet on grades of zero (0) to three (3) percent, eight hundred (800) feet on grades of three (3) to six (6) percent, five hundred (500) feet on grades of six (6) to ten (10) percent, and three hundred (300) feet on grades of ten (10) percent or greater. Culverts shall be installed at closer intervals than the maximum in this part if required by the Office as appropriate for the erosive properties of the soil or to accommodate flow from small intersecting drainages. Culverts may be constructed at greater intervals than the maximum indicated in this part if approved by the Office upon a finding that greater spacing will not increase erosion.
</P>
<P>(iii) Culverts shall be covered by compacted fill to a minimum depth of one foot.
</P>
<P>(2) <I>Ancillary Roads.</I> (i) Field design methods may be utilized for ancillary roads.
</P>
<P>(ii) Where lesser grades are necessary to control site-specific conditions overall grade shall not exceed lv:10h (10 percent). Pitch grade shall not exceed lv:5h (20 percent). There shall not be more than one thousand (1,000) consecutive feet of maximum pitch grade.
</P>
<P>(iii) Ancillary roads may meander so as to avoid large growths of vegetation and other natural obstructions.
</P>
<P>(iv) Compaction on road embankments shall be only to the extent necessary to control erosion and maintain the road.
</P>
<P>(v) Temporary culverts and bridges shall be sized to safely pass the one (1) year, six (6) hour precipitation event.
</P>
<P>(h) <I>Use of Explosives.</I> In lieu of the requirements of § 816.64(a)(2) of this chapter, all blasting shall be conducted between sunrise and sunset. Blasting may not be conducted at times different from those announced in the blasting schedule except in emergency situations where rain, lightning, or other atmospheric conditions, or operator or public safety requires unscheduled blasts. The Office may specify more restrictive time periods for blasting.
</P>
<CITA TYPE="N">[49 FR 38892, Oct. 1, 1984, as amended at 52 FR 47717, Dec. 16, 1987; 55 FR 20600, May 18, 1990; 72 FR 9637, Mar. 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 942.817" NODE="30:3.0.1.18.110.0.1.25" TYPE="SECTION">
<HEAD>§ 942.817   Performance standards—Underground mining activities.</HEAD>
<P>(a) Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> as modified by paragraphs (b)-(f) of this section, shall apply to any person who conducts underground mining activities in the State of Tennessee.
</P>
<P>(b) The permittee shall comply with the site-specific terms of the permit except that references to provisions of the Tennessee State program shall be read to require compliance with the relevant provisions of this part. Where the permit does not specify site-specific standards with which compliance is required, the permittee shall comply with the standards of this part.
</P>
<P>(c) <I>Diversions.</I> In lieu of the requirements of § 817.43(a)(4) of this chapter diversion design shall incorporate the following requirements:
</P>
<P>(1) Channel lining shall be designed using standards engineering practices to pass safely the design velocities. Riprap shall comply with the requirements of § 817.71(f)(3) of this chapter, except for sand and gravel.
</P>
<P>(2) Freeboard shall be no less than 0.3 feet. Protection shall be provided for transition of flows and for critical areas such as swales and curves. Where the area protected is a critical area as determined by the Office, the design freeboard may be increased.
</P>
<P>(3) Energy dissipators shall be installed when necessary at discharge points, where diversions intersect with natural streams and exit velocity of the diversion ditch flow is greater than that of the receiving stream.
</P>
<P>(4) Excess excavated material not utilized in diversion channel geometry or regrading of the channel shall be disposed of in accordance with §§ 817.71 through 817.74 of this chapter.
</P>
<P>(d) <I>Hydrologic balance: Siltation structures.</I> In lieu of the requirements of § 817.46(c)(1)(ii)(A) of this chapter, sedimentation ponds shall provide a storage volume of no less than 0.2 acre feet per distributed acre draining into the basin. The Office may approve less sediment storage volumes equal to the sediment calculated to enter the pond between planned cleanout intervals upon submission and approval of a plan for removing sediment from the pond which includes a description of the equipment to be used. The minimum sediment storage volume shall be equal to 0.1 acre feet per disturbed acre.
</P>
<P>(e) In lieu of the requirements of § 817.116 (b)(1) through (b)(3) of this chapter, the following revegetation success standards and sampling techniques shall be used by this Office. 
</P>
<P>(1) For areas developed for use as pasture or hay production, the ground cover shall be at least ninety percent (90%) and crop production shall be equal to or greater than the average county yield as stated by the Tennessee Crop Reporting Service for the county in which the permit area is located.
</P>
<P>(2) For areas developed for use as cropland, crop production shall be equal to or greater than the average county yield as stated by the Tennessee Crop Reporting Service for the county in which the permit area is located. Adjustment for local yield variation within the county may be made for disease, pests, weather-induced variations, and differences in crop management practices.
</P>
<P>(3) For areas developed for wildlife habitat, undeveloped land, recreation, or forestry, the stocking of woody plants must be at least equal to the rates specified in the approved reclamation plan. To minimize competition with woody plants, herbaceous ground cover should be limited to that necessary to control erosion and support the postmining land use. Seed mixes and seeding rates will be specified in the permit.
</P>
<P>(i) Minimum stocking levels and planting arrangements shall be specified by the Office on the basis of local and regional conditions and after consultation with the State agencies responsible for the administration of forestry and wildlife programs.
</P>
<P>(ii) Trees and shrubs that will be used in determining the success of stocking and the adequacy of plant arrangement shall have utility for the approved postmining land use. At the time of bond release, such trees and shrubs shall be healthy, and at least eighty percent (80%) shall have been in place for at least three growing seasons. No trees and shrubs in place for less than two growing seasons shall be counted in determining stocking adequacy.
</P>
<P>(iii) Vegetative ground cover shall not be less than that required to achieve the approved postmining land use.
</P>
<P>(4) Bare areas shall not exceed one-sixteenth (1/16) acre in size and total not more than ten percent (10%) of the area seeded, except for areas developed for wildlife habitat, undeveloped land, recreation, or forestry.
</P>
<P>(5) Distribution of woody plants within the permit area shall be consistent with the post-mining land use.
</P>
<P>(6) Sampling techniques for measuring woody plant stocking and ground cover shall be in accordance with techniques approved by the Office. Actual crop yields shall be used to determine production.
</P>
<P>(f) <I>Roads.</I> In lieu of the requirements of § 817.150(c) of this chapter, roads shall be designed and constructed or reconstructed in compliance with the following standards in order to control subsequent erosion and disturbance of the hydrologic balance.
</P>
<P>(1) <I>Primary roads.</I> (i) Except for existing roads and where lesser grades are necessary to control site-specific conditions, the overall grade shall not exceed lv:10h (10 percent), the maximum pitch grade shall not exceed lv:6.5h (15 percent), and there shall be not more than three hundred (300) feet of pitch grade exceeding ten (10) percent within any consecutive one thousand (1,000) feet of primary roads. In no case shall there be any pitch grade over fifteen (15) percent.
</P>
<P>(ii) Culvert spacing shall not exceed one thousand (1,000) feet on grades of zero (0) to three (3) percent, eight hundred (800) feet on grades of three (3) to six (6) percent, and five hundred (500) feet on grades of six (6) to ten (10) percent, and three hundred (300) feet on grades of ten (10) percent or greater. Culverts shall be installed at closer intervals than the maximum in this part if required by the Office as appropriate for the erosive properties of the soil or to accommodate flow from small intersecting drainages. Culverts may be constructed at greater intervals than the maximum indicated in this part if approved by the Office upon a finding that greater spacing will not increase erosion.
</P>
<P>(iii) Culverts shall be covered by compacted fill to a minimum depth of one foot.
</P>
<P>(2) <I>Ancillary roads.</I> (i) Field design methods may be utilized for ancillary roads.
</P>
<P>(ii) Where lesser grades are necessary to control site-specific condition, overall grade shall not exceed lv:10h (10 percent). Pitch grade shall not exceed 1v:5h (20 percent). There shall not be more than one thousand (1,000) consecutive feet of maximum pitch grade.
</P>
<P>(iii) Ancillary roads may meander so as to avoid large growths of vegetation and other natural obstructions.
</P>
<P>(iv) Compaction on road embankments shall be only to the extent necessary to control erosion and maintain the road.
</P>
<P>(v) Temporary culverts and bridges shall be sized to safely pass the one (1) year, six (6) hour precipitation event.
</P>
<CITA TYPE="N">[49 FR 38892, Oct. 1, 1984, as amended at 52 FR 47717, Dec. 16, 1987; 72 FR 9637, Mar. 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 942.819" NODE="30:3.0.1.18.110.0.1.26" TYPE="SECTION">
<HEAD>§ 942.819   Special performance standards—Auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining.


</P>
</DIV8>


<DIV8 N="§ 942.823" NODE="30:3.0.1.18.110.0.1.27" TYPE="SECTION">
<HEAD>§ 942.823   Special performance standards—Operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining operations on prime farmland.


</P>
</DIV8>


<DIV8 N="§ 942.824" NODE="30:3.0.1.18.110.0.1.28" TYPE="SECTION">
<HEAD>§ 942.824   Special performance standards—Mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining and reclamation operations constituting mountaintop removal.


</P>
</DIV8>


<DIV8 N="§ 942.827" NODE="30:3.0.1.18.110.0.1.29" TYPE="SECTION">
<HEAD>§ 942.827   Special performance standards—Coal preparation plants not located within the permit area of a mine.</HEAD>
<P>Part 827 of this chapter, <I>Permanent Program Performance Standards—Coal Preparation Plants Not Located Within the Permit Area of a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of a coal preparation plant not located within the permit area of a mine.


</P>
</DIV8>


<DIV8 N="§ 942.828" NODE="30:3.0.1.18.110.0.1.30" TYPE="SECTION">
<HEAD>§ 942.828   Special performance standards—In situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts surface coal mining and reclamation operations which include the in situ processing of coal.


</P>
</DIV8>


<DIV8 N="§ 942.842" NODE="30:3.0.1.18.110.0.1.31" TYPE="SECTION">
<HEAD>§ 942.842   Federal inspections.</HEAD>
<P>Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 942.843" NODE="30:3.0.1.18.110.0.1.32" TYPE="SECTION">
<HEAD>§ 942.843   Federal enforcement.</HEAD>
<P>Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply regarding enforcement action on coal exploration and surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 942.845" NODE="30:3.0.1.18.110.0.1.33" TYPE="SECTION">
<HEAD>§ 942.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply to the assessment of civil penalties for violations on coal exploration and surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 942.846" NODE="30:3.0.1.18.110.0.1.34" TYPE="SECTION">
<HEAD>§ 942.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 942.955" NODE="30:3.0.1.18.110.0.1.35" TYPE="SECTION">
<HEAD>§ 942.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="943" NODE="30:3.0.1.18.111" TYPE="PART">
<HEAD>PART 943—TEXAS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 943.1" NODE="30:3.0.1.18.111.0.1.1" TYPE="SECTION">
<HEAD>§ 943.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Texas which have been adopted under the Surface Mining Control and Reclamation Act of 1977. 
</P>
<CITA TYPE="N">[45 FR 13008, Feb. 27, 1980] 


</CITA>
</DIV8>


<DIV8 N="§ 943.10" NODE="30:3.0.1.18.111.0.1.2" TYPE="SECTION">
<HEAD>§ 943.10   State regulatory program approval.</HEAD>
<P>The Secretary approved the Texas regulatory program, as submitted on July 20, 1979, and amended on November 13, 1979, and December 20, 1979, effective February 16, 1980. Copies of the approved program are available at:
</P>
<P>(a) Surface Mining and Reclamation Division, Railroad Commission of Texas, Capitol Station, P.O. Box 12967, Austin, TX 78711.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.
</P>
<CITA TYPE="N">[64 FR 20168, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 943.15" NODE="30:3.0.1.18.111.0.1.3" TYPE="SECTION">
<HEAD>§ 943.15   Approval of Texas regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final 
<br/>publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 27, 1980</TD><TD align="left" class="gpotbl_cell">June 18, 1980, November 26, 1980</TD><TD align="left" class="gpotbl_cell">TCMR 051.07.04.023, .070. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 18, 1981</TD><TD align="left" class="gpotbl_cell">June 3, 1982</TD><TD align="left" class="gpotbl_cell">TCMR 05.07.01.313(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 31, 1984</TD><TD align="left" class="gpotbl_cell">July 9, 1985</TD><TD align="left" class="gpotbl_cell">TCMR 051.07.04.008, .138, .184, .201, .340, .510, .620 through .625. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 24, 1988</TD><TD align="left" class="gpotbl_cell">December 11, 1989</TD><TD align="left" class="gpotbl_cell">TCMR 806.309(j)(1)(A) through (H), (2)(A) through (D), (4)(A), (B), (C), (5)(A), (B), (6)(A) through (E), (7), (8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 24, 1991</TD><TD align="left" class="gpotbl_cell">February 19, 1992</TD><TD align="left" class="gpotbl_cell">TCMR 806.309(j)(1)(H), (I), 806.309(j)(2), (3), (7), (8), (9).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 23, 1991</TD><TD align="left" class="gpotbl_cell">April 17, 1992</TD><TD align="left" class="gpotbl_cell">TCMR 816.394.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 12, 1989</TD><TD align="left" class="gpotbl_cell">May 21, 1992</TD><TD align="left" class="gpotbl_cell">TCMR 701.008(53), 778.116(a) through (l), (n); 786.215(e)(2), .221(d), .225(h). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 22, 1989</TD><TD align="left" class="gpotbl_cell">August 19, 1992</TD><TD align="left" class="gpotbl_cell">TCMR 700.002(b)(2), .003(22), .008(18), (56), (81), (85); 762.074(1), (2); 770.100(c), .101, .102(c); 771.107(d), .108; 776.111(a)(3)(A), (7), (b), (1); 779.125(b), .126(a), .133; 780.144(a), .145(b)(4), .151; 783.171(b), .172, .179; 784.187(b)(4), .191, .194(a), (e), (f), .195(a); 785.200(a), (b), (c), (f) through (i); 786.216(p); 788.230(a)(4), (5), (6); 788.232(c)(1), (d), (e); 795.237(b)(5), (c), (d), .238(d)(4), .243(a); 800.301(b); 808.317; 815.327(a), (f); 816.339(a), .344(a), .353(d), .359 through .362, .363(j), (i), (o), (p), .368(c), .369(a), .371(c)(3), .375(d), .377(b), .380(b), (c), .384(b)(2), .390(a); 817.509(a), .514(a), .531(j), (i), (o), (p), .547(b), (c), .551(b)(2), .562(c), .565(e); 819.600(c)(1); 840.672(b); 843.680(a), .682(f); 845.695(b)(2); 850.700, .701, .702(a) through (d), .703 through .710; recodification of the TCMR 700.001 through 845.698.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 8, 1993</TD><TD align="left" class="gpotbl_cell">March 21, 1994</TD><TD align="left" class="gpotbl_cell">TCMR 778.116(l), (m); 786.215(e)(1), (2), (g); 788.225(e), (1)(A), (2), (3), (f), (1), (2), (g); 843.680(c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 24, 1994</TD><TD align="left" class="gpotbl_cell">March 27, 1995</TD><TD align="left" class="gpotbl_cell">TCMR 778.116(m); 786.215(e)(1), (f), .216(i) through (o), .225(f)(3), (4), (g), (1), (i) through (iv), (2), (h).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 11, 1995</TD><TD align="left" class="gpotbl_cell">December 13, 1995</TD><TD align="left" class="gpotbl_cell">TCMR 806.309(j)(2)(C)(iv)(I)(A) through (C), (II)(A) through (C).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 20, 1995</TD><TD align="left" class="gpotbl_cell">April 8, 1996</TD><TD align="left" class="gpotbl_cell">TCMR 701.008(71); 780.154(a) through (c); 784.198(a) through (c); 816.400 through 403; 815.327(c); 817.569 through 572; 827.651(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 30, 1995, September 18, 1995</TD><TD align="left" class="gpotbl_cell">June 18, 1996</TD><TD align="left" class="gpotbl_cell">TSMCRA Article 5920-11, 6(b), 21(a), (c); TCMR 701.008(104); 778.116(m), .225(g)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 24, 1995</TD><TD align="left" class="gpotbl_cell">January 30, 1997</TD><TD align="left" class="gpotbl_cell">Recodification of TSMCRA Article 5920-11, 1 through 38; 4 Ch. 134.001 through .188.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 13, 1993</TD><TD align="left" class="gpotbl_cell">March 26, 1997</TD><TD align="left" class="gpotbl_cell">TCMR 700.002(b)(4), (5), (f); .003(1), (3); 701.008(4), (5), (9), (10, (18), (19), 21), (24), (25), (26), (34), (41), (55), (67), (68), (69), (70), (76), (82), (84), (95), (102), (107); 705.010(a)(3), (c); .011(2), (3), (5), (9); .013(a); .014; .015(a); .016(a); 707.022; 709.025; .026; .027; .028; .029; .030; .031; .032; .033, .034; 760.069; .070(5), (6), (7), (9), (11); 761.071 (a) through (e); .072 (a) through (h); .073; 762.074(3), (4), (5); .075(a), (b); .076(a); .077; 764.078; .079(a), (b), (c); .080(a)(1), (2), (4) through (7), (b), (c), (d); .081(a), (b); .082(a)(3), (b), (c), (d); .083(a), (b); .084(a), (b); .085(b); 770.101; 776.111(a)(e)(E); 779.126(d); .127(a), (b), (c); .128(a), (3), (4), (b); .129, (a), (b), (1), (3); 780.141(g), (h); .142(b)(11), (c), (d), .146 (a) through (e); .148(a)(3)(i), (c)(1), (2), (3); 783.172(d); .173 (a) through (e); .174(a), (3), (4), (b); .175, (a), (b), (1), (3); 784.188 (a) through (f); .190 (a)(3)(i), (c)(1), (2), (3); .197(c), (d); 785.201(b), (c), (d)(2); .202(b)(1)(i), (2), (3); 786.210 (a) through (e); .216(c), (e); .220(d); 800.301(b)(2); .311(d); 807.312(a), (b), (c); .313(a)(2); 815.327(a); .328(a), (b); 816.330(f); .340; .341; .342; .344; .347; .348; .349; .350; .355; .357(a), (c), (d); .358 (a) through (d); .360(a)(2), (A), (B), (f)(1)(A), (g)(2), (h)(1), (2), (3), (i); .362(d); .376 (a) through (d), .377, .378(a), (c); .380(e)(10); .385(b)(3); .390; .395; .396; 817.500(f); .509(a); .510; .511; .512; .514; .517; .519; .522(f); .524; .526(b), (c), (d); .527 (a) through (d); .528 (a) through (i); .529; .530, (c), (d), (e), (g), (j), (s), (t); .535(c); .538(c)(3); .543 (a) through (d); .544; .545(a), (c); .547(e)(10); .552(b)(3); .555; .560; .561; 823.620(a), (b), (c); .621(a)(1), (2), (3), (b); .622(a), (b), (c); .623; .624 (a) through (g); .625(a), (b); 843.681(c), (f) through (j); .682(a)(1); .695(b)(1); 846.001; .002; .003; .004; .005; 850.703(b)(1)(A); .704(b); .706(a). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 21, 1996</TD><TD align="left" class="gpotbl_cell">April 29, 1997</TD><TD align="left" class="gpotbl_cell">TCMR 701.008(77); 779.130; 816.352.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 1, 1997</TD><TD align="left" class="gpotbl_cell">March 3, 1998</TD><TD align="left" class="gpotbl_cell">TSCMRA 134.004(3); 134.005(a)(2); 134.008; 134.014(b); 134.022(c); 134.056(2); 134.068; 134.069(a)(2) and (b); 134.084(a) through (d); 134.092(a)(2); 134.163(1). Vernon's Texas Civil Statutes Article 5920-11, Sections 6(b), 21(c), 33(e) and 21a.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 23, 1998</TD><TD align="left" class="gpotbl_cell">April 22, 1998</TD><TD align="left" class="gpotbl_cell">Recodification; 16 TAC 12.1 through 12.710.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 1, 1997</TD><TD align="left" class="gpotbl_cell">June 8, 1998</TD><TD align="left" class="gpotbl_cell">16 TAC 12.3; 12.201(d)(5); 12.237(2), (2)(B) and (C); 12.243(a), (a)(4) and (5); 12.309(1); 12.312(a) and (b); 12.313(a), (b), (d), and (f); 12.387; 12.388.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 28, 1999</TD><TD align="left" class="gpotbl_cell">May 3, 1999</TD><TD align="left" class="gpotbl_cell">Sections 12.143(a)(2), (b)(1) and (b)(2); .145(b)(3); .187(b)(3); .199(2); .379; .389; .546; .554; and .651(9) and (13).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 13, 1999</TD><TD align="left" class="gpotbl_cell">August 12, 1999</TD><TD align="left" class="gpotbl_cell">Procedures and Standards for Determining Revegetation Success on Surface-Mined Lands in Texas; Normal Husbandry Practices for Surface-Mined Lands in Texas.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 24, 2000</TD><TD align="left" class="gpotbl_cell">November 24, 2000</TD><TD align="left" class="gpotbl_cell">TAC § 12.80(a)(1), (3)-(7); (b)(2)-(3); § 12.385(a); (e)-(e)(2)(D); § 12.552(a); (e)-(e)(2)(D); and § 12.651(13).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 25, 2001</TD><TD align="left" class="gpotbl_cell">November 6, 2002</TD><TD align="left" class="gpotbl_cell">Sections 12.3(169) definition of “surface coal mining operations which exist on the date of enactment [removed] and 12.3(187) definition of “valid existing rights;” 12.71-.74; 12.77; 12.111(1)(H); 12.112(b)(4); 12.113(a); 12.118(a) and (c); 12.151(a)(2); 12.158(a) and (c); 12.191(a)(2); 12.207(a)(5); and 12.216(4)(A).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 12, 2003</TD><TD align="left" class="gpotbl_cell">July 7, 2003</TD><TD align="left" class="gpotbl_cell">16 TAC § 1.130. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 10, 2003</TD><TD align="left" class="gpotbl_cell">November 5, 2003</TD><TD align="left" class="gpotbl_cell">TAC 12.108(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 4, 2004</TD><TD align="left" class="gpotbl_cell">September 14, 2004</TD><TD align="left" class="gpotbl_cell">16 TAC 12.108(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 6, 2005</TD><TD align="left" class="gpotbl_cell">February 17, 2006</TD><TD align="left" class="gpotbl_cell">TSCMRA Section 134.055; and 16 TAC 12.108(a) and (b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 26, 2005</TD><TD align="left" class="gpotbl_cell">June 14, 2006</TD><TD align="left" class="gpotbl_cell">Procedures and Standards for Determining Revegetation Success on Surface-Mined Lands in Texas—Table of Contents; Section V.D.1., D.2.; appendix B; Attachment 2; Normal Husbandry Practices for Surface-Mined Lands in Texas—Table of Contents; Section IV.E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 14, 2007</TD><TD align="left" class="gpotbl_cell">November 19, 2007</TD><TD align="left" class="gpotbl_cell">TSCMRA 134.174(b); TAC 12.147(a) through (a)(3); 12.309(g)(2); 12.337(a) and (b) through (b)(3); 12.395(a)(1), (b)(1), (b)(3), (b)(3)(A) and (B), and (c)(3) and (4); 12.681(a), (b) through (b)(3), (c), (e), (f), (g), and (h); 12.682(a) and (b); 12.688; 12.689(b) through (b)(3); and 12.693.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 2, 2007</TD><TD align="left" class="gpotbl_cell">March 17, 2008</TD><TD align="left" class="gpotbl_cell">16 TAC 12.108(b)(1) through (b)(3). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 5, 2010</TD><TD align="left" class="gpotbl_cell">December 27, 2010</TD><TD align="left" class="gpotbl_cell">16 TAC 12.108(b)(1) through (b)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 18, 2011, May 26, 2011, and June 3, 2011
</TD><TD align="left" class="gpotbl_cell">February 14, 2012</TD><TD align="left" class="gpotbl_cell">16 TAC 12.100(a); 12.225(a)(3); 12.311(b); TSCMRA 134.004 (7-a) and (15-a); 134.069(c); 134.080(a) and (b); 134.085; 134.092(20); 134.104(1) and (2); and 134.105(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 9, 2012</TD><TD align="left" class="gpotbl_cell">September 19, 2012</TD><TD align="left" class="gpotbl_cell">16 TAC 12.108(b)(1)-(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 9, 2012</TD><TD align="left" class="gpotbl_cell">February 19, 2013</TD><TD align="left" class="gpotbl_cell">16 TAC Administrative Code Sections: 12.3; 12.100(c); 12.116; 12.155; 12.156; 12.206; 12.215; 12.216; 12.221; 12.225; 12.226; 12.228;12.232; 12.233; 12.234; 12.235; 12.239; 12.395; 12.560; 12.676; and 12.677.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 19, 2013</TD><TD align="left" class="gpotbl_cell">August 6, 2014</TD><TD align="left" class="gpotbl_cell">16 TAC 12.108(b)(1)-(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 17, 2015</TD><TD align="left" class="gpotbl_cell">November 17, 2017</TD><TD align="left" class="gpotbl_cell">16 TAC 12.108(b)(1)-(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 7, 2018</TD><TD align="left" class="gpotbl_cell">November 20, 2019</TD><TD align="left" class="gpotbl_cell">16 Texas Administrative Code—Section 12.108, related to permit fees; and Section 12.309, related to self-bonding applications.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 28, 2020</TD><TD align="left" class="gpotbl_cell">January 14, 2026</TD><TD align="left" class="gpotbl_cell">16 TAC Texas Administrative Code Sections: 12.3(89); 12.3(122); 12.3(132); 12.3(133); 12.4(a) through (d); 12.100(a) through (d); 12.106(a) and (b); 12.108(a) through (c); 12.121(4); 12.126(d); 12.137(b); 12.142(3); 12.146(a)(d) and (e); 12.148(a); 12.161(4); 12.172(d); 12.188(a) through (f); 12.198(b); 12.207(a)(3); 12.211(c); 12.215(g) and (j); 12.225(g); 12.341(b); 12.344(b) and (c); 12.347(a) through (c); 12.363(b)(j) and (k); 12.368(c); 12.369(a); 12.373; 12.376(d); 12.382; 12.398; 12.401(1); 12.511(b); 12.514(b) and (c); 12.517(a) and(c); 12.535(c); 12.540; 12.543(d); 12.549; 12.570; 12.567; 12.676(c); 12.679(a) and (b).
</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9954, Mar. 5, 1997]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 943.15, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 943.16" NODE="30:3.0.1.18.111.0.1.4" TYPE="SECTION">
<HEAD>§ 943.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17(f)(1), Texas is required to submit to OSM by the specified date the following written, proposed program amendment, or a description of an amendment to be proposed that meets the requirements of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is consistent with Texas' established administrative or legislative procedures.
</P>
<P>(a)-(j) [Reserved] 
</P>
<CITA TYPE="N">[51 FR 28555, Aug. 8, 1986, as amended at 57 FR 21607, May 21, 1992; 57 FR 37458, Aug. 19, 1992; 59 FR 13209, Mar. 21, 1994; 60 FR 15680, Mar. 27, 1995; 61 FR 30808, June 18, 1996; 62 FR 14326, Mar. 26, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 943.20" NODE="30:3.0.1.18.111.0.1.5" TYPE="SECTION">
<HEAD>§ 943.20   Approval of Texas abandoned mine land reclamation plan.</HEAD>
<P>The Secretary approved the Texas abandoned mine land reclamation plan, as submitted on April 24, 1980, and amended on May 30, 1980, June 2, 1980, and June 4, 1980, effective June 23, 1980. Copies of the approved plan are available at:
</P>
<P>(a) Surface Mining and Reclamation Division, Railroad Commission of Texas, Capitol Station, P.O. Box 12967, Austin, TX 78711.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.
</P>
<CITA TYPE="N">[64 FR 20168, Apr. 26, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 943.25" NODE="30:3.0.1.18.111.0.1.6" TYPE="SECTION">
<HEAD>§ 943.25   Approval of Texas abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 11 and 26, 1989</TD><TD align="left" class="gpotbl_cell">August 19, 1992</TD><TD align="left" class="gpotbl_cell">Certification of the completion of reclamation on all lands adversely impacted by past coal mining.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 24, 1997</TD><TD align="left" class="gpotbl_cell">January 30, 1997</TD><TD align="left" class="gpotbl_cell">Recodification of TSMCRA Article 5920-11, § 3(7); 4 Ch. 134.142.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 1, 1997</TD><TD align="left" class="gpotbl_cell">March 3, 1998</TD><TD align="left" class="gpotbl_cell">TSCMRA 134.142.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 23, 1998</TD><TD align="left" class="gpotbl_cell">April 22, 1998</TD><TD align="left" class="gpotbl_cell">Recodification; 16 TAC 12.800 through 12.817.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 1, 1997</TD><TD align="left" class="gpotbl_cell">November 25, 1998</TD><TD align="left" class="gpotbl_cell">12.800 through .814; .815(d); .816; .818 through .823.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 11, 2006</TD><TD align="left" class="gpotbl_cell">February 6, 2007</TD><TD align="left" class="gpotbl_cell">Emergency response reclamation program; AML Plan sections 884.13(c)(6), (d)(2) and (d)(3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 14, 2007</TD><TD align="left" class="gpotbl_cell">November 19, 2007</TD><TD align="left" class="gpotbl_cell">TSCMRA 134.150(c) and TAC 12.816(c)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 3, 2019</TD><TD align="left" class="gpotbl_cell">September 20, 2023</TD><TD align="left" class="gpotbl_cell">Replace AML Plan in response to OSMRE 884 Letter. Updates AML Plan to be consistent with changes to Federal program and extends limited liability protection for certain coal and noncoal reclamation projects. 16 TAC Texas Administrative Code Sections: 12.801; 12.802; 12.803; 12.804; 12.805; 12.806; 12.807; 12.808; 12.809; 12.811; 12.812; 12.814; 12.815; 12.815; 12.816; 12.818; 12.819; 12.820; 12.821; 12.822; 12.823.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9954, Mar. 5, 1997, as amended at 63 FR 10320, Mar. 3, 1998; 63 FR 19823, Apr. 22, 1998; 63 FR 65070, Nov. 25, 1998; 72 FR 5333, Feb. 6, 2007; 72 FR 64946, Nov. 19, 2007; 88 FR 64816, Sept. 20, 2023]



</CITA>
</DIV8>

</DIV5>


<DIV5 N="944" NODE="30:3.0.1.18.112" TYPE="PART">
<HEAD>PART 944—UTAH
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 944.1" NODE="30:3.0.1.18.112.0.1.1" TYPE="SECTION">
<HEAD>§ 944.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Utah that have been adopted under the Surface Mining and Reclamation Act of 1977. 
</P>
<CITA TYPE="N">[46 FR 5913, Jan. 21, 1981]


</CITA>
</DIV8>


<DIV8 N="§ 944.10" NODE="30:3.0.1.18.112.0.1.2" TYPE="SECTION">
<HEAD>§ 944.10   State regulatory program approval.</HEAD>
<P>The Utah State program as submitted on March 3, 1980, and as amended and clarified on June 16 and July 24, 1980, and resubmitted on December 23, 1980, was conditionally approved effective January 21, 1981. Copies of the approved program, together with copies of the letter of the Division of Oil, Gas and Mining agreeing to the conditions in section 944.11, are available at:
</P>
<P>(a) Division of Oil, Gas and Mining, Department of Natural Resources, 3 Triad Center, suite 350, 355 West North Temple, Salt Lake City, UT 84180-1203.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Western Regional Coordinating Center, Technical Library, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
</P>
<CITA TYPE="N">[59 FR 17933, Apr. 15, 1994, as amended at 60 FR 54593, Oct. 25, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 944.15" NODE="30:3.0.1.18.112.0.1.3" TYPE="SECTION">
<HEAD>§ 944.15   Approval of Utah regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 29, 1981</TD><TD align="left" class="gpotbl_cell">June 22, 1982</TD><TD align="left" class="gpotbl_cell">UCA 40-10-10, -11, -16, -17, -18, -21, -22, -24; UMC 784.20(b)(3)(v); 817.124(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 21, 1981</TD><TD align="left" class="gpotbl_cell">September 27, 1982</TD><TD align="left" class="gpotbl_cell">SMC/UMC 845; Vegetation Information Guidelines.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 26, 1982</TD><TD align="left" class="gpotbl_cell">December 13, 1982</TD><TD align="left" class="gpotbl_cell">SMC 816.53(c); UMC 817.42(a)(3)(i), (ii), .53(c), .101(b)(8), (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 3, 1982</TD><TD align="left" class="gpotbl_cell">March 7, 1983</TD><TD align="left" class="gpotbl_cell">SMC/UMC 785.19(c)(3)(ii); SMC 816.72(b), (c); UMC 817.72(b), (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 6, 1984</TD><TD align="left" class="gpotbl_cell">August 29, 1984</TD><TD align="left" class="gpotbl_cell">SMC/UMC 816/817.42; 840.11; 843.12.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 13, 1984</TD><TD align="left" class="gpotbl_cell">December 3, 1985</TD><TD align="left" class="gpotbl_cell">SMC/UMC 700.1, .5—definition for “affected area;” 800, .5, .11 through .17, .20 through .23, .30, .40, .50, .60; 805 through 808; 843.11, .15, .16; 845.12, .13, .17 through .20.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 25, 1985</TD><TD align="left" class="gpotbl_cell">December 18, 1985</TD><TD align="left" class="gpotbl_cell">SMC/UMC 843.13.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 9, 1985</TD><TD align="left" class="gpotbl_cell">January 16, 1986</TD><TD align="left" class="gpotbl_cell">SMC/UMC 700.5—definition for “incidental boundary change;” 771.21(b)(3); 778.12.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 21, 1985</TD><TD align="left" class="gpotbl_cell">June 10, 1986</TD><TD align="left" class="gpotbl_cell">Definitions for “adjacent area,” “disturbed area,” “permit area,” “mine plan area;” SMC 843.11, .15, .16, .20; 845.12, .13, .17, .18, .19.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 3, 1986</TD><TD align="left" class="gpotbl_cell">July 28, 1986</TD><TD align="left" class="gpotbl_cell">SMC/UMC 816/817.61; 850; Memorandum of Agreement between the Board and Division of Oil, Gas, and Mining and the Utah Industrial Commission; UCA 40-2-14 through -16; Utah Industrial Commission's General Safety Orders, Coal Mining, §§ 51 through 53.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 3, 1986</TD><TD align="left" class="gpotbl_cell">January 28, 1987</TD><TD align="left" class="gpotbl_cell">SMC/UMC 700.5—definitions for “coal processing,” “coal processing plant”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 17, 1987</TD><TD align="left" class="gpotbl_cell">March 28, 1988</TD><TD align="left" class="gpotbl_cell">SMC/UMC 845.15(b)(1)(ii), (2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 24, 1987</TD><TD align="left" class="gpotbl_cell">August 18, 1988</TD><TD align="left" class="gpotbl_cell">SMC/UMC 785.19(e)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 11, 1989</TD><TD align="left" class="gpotbl_cell">April 12, 1990</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 614-100 through -105, -200 through -203, -300; -301, -100 through -800; -302, -100 through -300; -303, -100 through -300; -400, -100 through -300; -401, -100 through -900; -402, -100 through -500.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 13, 1989</TD><TD align="left" class="gpotbl_cell">August 13, 1990</TD><TD align="left" class="gpotbl_cell">UCA 40-10-10, -14, -20, -21, -25, -30, -31.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 10, 1990</TD><TD align="left" class="gpotbl_cell">January 29, 1991</TD><TD align="left" class="gpotbl_cell">UCA 40-10-6.5(1), (2), (3); 6.6(1), (2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 3, 1990</TD><TD align="left" class="gpotbl_cell">August 23, 1991</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 614-100-200, definitions of “fragile lands,” “owned or controlled,” “owns or controls,” “unwarranted failure to comply,” “valid existing rights;” -415; 614-103-220 through -222; 614-105-443; 614-201-400 through -432, .100, .300, -433, -434; 614-300-112.500, -132.100, .120, .200, .300, -148, .100, .200, -160, -161, -162.100 through .300, -163, .100 through .400, -164, .100 through .300, -170; 614-301-112.200 through .420, .900, -113.300 through .310, .400, -352, -356.110 and Vegetation Information.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 1, 1991</TD><TD align="left" class="gpotbl_cell">November 22, 1991</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 614-100-200, definition for “public road”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 30, 1991</TD><TD align="left" class="gpotbl_cell">May 11, 1992</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-100-200 definitions for “cumulative impact area,” “cumulative measurement period,” “cumulative production,” “cumulative revenue,” “mining area,” “other minerals;” -414; 645-106-100, -200 through -262, -300 through -326, -400 through -430, -500 through -522, -600 through -616, -700 through -724, -800 through -843, -900 through -926; 645-300-211.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 26, 1991</TD><TD align="left" class="gpotbl_cell">August 19, 1992</TD><TD align="left" class="gpotbl_cell">UCA 40-10-5(1), (b), (2), -6.6(1), (2), (3).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 20, 1991</TD><TD align="left" class="gpotbl_cell">September 11, 1992</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-100-200, -400 through -452; 645-103-220; 645-301-111.400, -356.231, -425, -512.140, -528.320, -553.800, -731.750, -742.224; 645-300-110, Guideline for Examining and Evaluating Violations, Penalties, and Fees; Vegetation Information Guidelines.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 5, 1992</TD><TD align="left" class="gpotbl_cell">March 30, 1993</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 614-100-452.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 30, 1992</TD><TD align="left" class="gpotbl_cell">September 17, 1993</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-100-200, definition for “highwall;” 645-301-553, .100, .130, .510, .520, .521, .523, .620, .630 through .633, .652 through .655.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 17, 1992</TD><TD align="left" class="gpotbl_cell">April 7, 1994</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-100-200, definitions for “affected area,” “public road,” “road”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 7, 1994</TD><TD align="left" class="gpotbl_cell">May 24, 1994</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-303-224.400 through .600.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 2, 1993</TD><TD align="left" class="gpotbl_cell">July 11, 1994</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 641-112; R645-100-500; 645-103-441; 645-203-200; 645-301-524.661, -731.760; 645-302-314.110, -323.310.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 27, 1994</TD><TD align="left" class="gpotbl_cell">September 27, 1994</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-200-121, -122, -123, -220, -230; 645-201-100 through -130, -200 through -220, -223, -310, -323.100, -342.200; 645-202-100, -232, -235.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 7, 1994</TD><TD align="left" class="gpotbl_cell">September 27, 1994</TD><TD align="left" class="gpotbl_cell">UCA 40-10-14(3), 20(1), (2), (3), (5), (6), (8).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 9, 1994</TD><TD align="left" class="gpotbl_cell">March 27, 1995</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-203-200.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 10, 1995</TD><TD align="left" class="gpotbl_cell">May 2, 1995</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-401-120, -410, -430, -721, -723.100, -742, -810, -830, -910; 645-402-120, -420, -422.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 12, 1993</TD><TD align="left" class="gpotbl_cell">May 30, 1995</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-100-200, definition for “continuously mined areas;” 645-301-553, .100 through .130, .150, .200 through .230, .252, .300, .500 through .540, .600 through .612, .650, .650.100 through .500.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 14, 1994</TD><TD align="left" class="gpotbl_cell">July 19, 1995</TD><TD align="left" class="gpotbl_cell">UCA 40-10-2(1) through (6), -3(1) through (22), -4, -6.5(1), (2), (3), .7, -7(1), -8(1), (3), -10(2), -11(1), (2)(a) through (d), (e)(ii), (f)(i), (iii), (3), (4), (a), (b), (5)(a) through (c), -12(3), -13(2)(b), -14(2), (3), (6), -15(1), -16(1), (3), (6)(a) through (d), -17(2)(g), (j)(i)(B), (ii)(A), (B), (2)(m), (o), (o)(i), (iv), (v), (p)(i)(F), (ii), (iii), (t)(i), (ii), (2)(v), (viii), (3)(b), (ii), (c), (4)(a), (d), (5), -18(1), (2)(i)(i)(B), (j), (4)(a) through (c), (5), -19(1), (2)(a), -20(2)(e)(ii), -21(1)(a)(i), (ii), (2)(a)(ii), (5), -22(1)(c), (d), (2)(a)(i), (b), (3)(a), (b), (d), (e), (f), -24(1)(c)(i)(A), (B), (C), (D), (ii), (e)(i), (ii), (iii), (2)(a), (b), -30; Utah Admin. R. 641-100-100.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 6, 1995</TD><TD align="left" class="gpotbl_cell">September 14, 1995</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-301-357.300 through .365, Vegetation Information Guidelines.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 30, 1995, December 4, 1995, March 11, 1996</TD><TD align="left" class="gpotbl_cell">September 4, 1996</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 645-100-500; 645-301-553.110, .120.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 27, 1997</TD><TD align="left" class="gpotbl_cell">August 4, 1997</TD><TD align="left" class="gpotbl_cell">Definition of “adjudicative proceeding” at UCA 40-10-3(1), (a), (b); 40-10-11 (3), (5)(a); 40-10-13(2)(b); 40-10-17 (2) (j) (ii) (B), (p) (ii), (iii), (3) (a), (c), (4), (a), (d); 40-10-18 (1), (2), (3)(a), (i) through (iii), (b), (4), (5), (6) (a), (b), (i) through (iii), (7), (8), (a), (b), (9), (10), (11), (a), (i) through (iii), (b), (c), (12)(a), (i) through (iii), (b), (13), (14), (15)(a), (b) (i) through (iv), (c), (d), (e); 40-10-18.1, .2, 40-10-20(2)(e)(ii).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 8, 1998</TD><TD align="left" class="gpotbl_cell">November 16, 1998</TD><TD align="left" class="gpotbl_cell">UCA 40-10-11(1)(a)(i), (a)(ii), (1)(b), (1)(c), (c)(i), and (c)(ii); (2), (2)(a), (2)(b), (2)(c), (2)(d), (2)(d)(i), (d)(ii), (2)(e), (2)(e)(i), (e)(i)(A), (e)(i)(B), (e)(ii), (2)(f), (2)(f)(i), (f)(i)(A), (f)(i(B), and (f)(iii); (3)(a)(i), (a)(ii), (3)(b), and (3)(c); (4)(a)(i), (a)(ii), and (4)(b); and (5)(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 23, 1999</TD><TD align="left" class="gpotbl_cell">April 24, 2001</TD><TD align="left" class="gpotbl_cell">Definitions of “abandoned site,” “other treatment facilities,” “previously mined area,” “qualified laboratory,” and “significant recreational, timber, economic, or other values incompatible with coal mining and reclamation operations” at Utah Admin. R. 645-100-200; Utah Admin. R. 645-301-514.320 and -514.330; -301-531; -301-533.100 and -533.110; -301-533.200 and 210; -301-533-610 through 614; -301-533.620; -301-533.700 through 714; -301-553.700; -301-553.800; -301-733.100; -301-733.210; -301-742.200; -301-742.224; -301-742.225, -742.225.1 and -742.225.2; -301-743.100; -301-743.120; -301-743.131.3 through 131.6; -301-880.130; -302-316.500; R. 645-400.132; and R. 645-401-810.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 20, 1998</TD><TD align="left" class="gpotbl_cell">December 4, 2001</TD><TD align="left" class="gpotbl_cell">Definitions of “material damage,” “non-commercial building,” “occupied residential dwelling and structures related thereto,”, “replacement of water supply,” and “State-appropriated water supply” at Utah Admin. R. 645-100-200; 645-301-525 through 525.170; 645-301-525.200 through 525.240; 645-301-525.300 through 525.313; 645-301-525.400 through 525.490; 645-301-525.500 through 525.550; 545-301-525.600; 645-301-525.700; 645-301-724.600; 645-301-728.340; 645-301- 728.350; and 645-301-731.530.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 28, 2002</TD><TD align="left" class="gpotbl_cell">November 6, 2002</TD><TD align="left" class="gpotbl_cell">Definition of “Water Supply,” “State-appropriated Water,” and “State-appropriated Water Supply” at Utah Admin. R. 645-100-200; Utah Admin. R. 645-105-310 through -314; R. 645-301-525.130 and -525.700; Utah Admin. R. 645-301-728.350; R. 645-301-860.110 through -860.112; R. 645-400-162; and R. 645-400-319, -322, and -381.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 22, 2002</TD><TD align="left" class="gpotbl_cell">August 27, 2008</TD><TD align="left" class="gpotbl_cell">Utah Code Annotated 40-10-10(1), (2)(a)(i) through (vi), (2)(b)(i), (i)(A) and (i)(B), and (ii), (2)(c)(i), (c)(i)(A) through (C), and (2)(c)(iii), (3)(a), (b), and (c), and (4)(a) and (b). Decision deferred on UCA 40-10-10(2)(d) through (2)(d)(ii) and 40-10-10(5).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 28, 2005 and February 16, 2006</TD><TD align="left" class="gpotbl_cell">June 8, 2006</TD><TD align="left" class="gpotbl_cell">Utah Adm. R. 645-301-160, 645-301-512.100, 645-401-330, and 645-401-400.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 31, 2007</TD><TD align="left" class="gpotbl_cell">August 12, 2008</TD><TD align="left" class="gpotbl_cell">Utah Code Annotated 40-10-10(2)(d), (5), 40-10-12(1)(e).
<br/>Utah Admin R 645-303-222. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 2008</TD><TD align="left" class="gpotbl_cell">September 1, 2009</TD><TD align="left" class="gpotbl_cell">Utah Admin. R.645-100-200 definition of intermittent stream; 645-301-131.300; 645-301-535.210; 645-301-535.223; 645-301-551; 645-301-631; 645-301-631.200; 645-301-731.610, 645-301-742.320; 645-301-742.321; 645-301-742.323, 645-301-742.324, 645-301-742.331, 645-301-742.412; 645-301-765.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 19, 2009</TD><TD align="left" class="gpotbl_cell">December 7, 2009</TD><TD align="left" class="gpotbl_cell">UCA § 40-10-11, 40-10-17/Deletion of repeal dates for remining provisions.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 9, 2010</TD><TD align="left" class="gpotbl_cell">February 12, 2013</TD><TD align="left" class="gpotbl_cell">R645-100-200 Definition of Valid Existing Rights; R645-103-221; R645-103-223; R645-103-224; R645-103-225; R645-103-230 through -240; 645-201-328; 645-201-342; 645-300-133; 645-301-115; 645-301-411
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 25, 2012</TD><TD align="left" class="gpotbl_cell">June 6, 2014</TD><TD align="left" class="gpotbl_cell">R643-874-160; -875-200; R645-100-200 (Definitions); R645-300-132 (et seq); -133.1000; -148.100; -161; -162 (et seq); 164 (et seq); -171 through -185.700; R645-301-111.400 through -112.420; -113.100 through -113.120; -113.300; -113.340 through -113.360; R645-302-240 through -242; -245.210; -245.300; -245.410 through -245.420; R645-303-310; R645-400-319; R645-403 (et seq).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9955, Mar. 5, 1997, as amended at 62 FR 41849, Aug. 4, 1997; 63 FR 63611, Nov. 16, 1998; 66 FR 20606, Apr. 24, 2001; 66 FR 62935, Dec. 4, 2001; 67 FR 67540, Nov. 6, 2002; 71 FR 33254, June 8, 2006; 73 FR 46807, Aug. 12, 2008; 73 FR 50545, Aug. 27, 2008; 74 FR 45120, Sept. 1, 2009; 74 FR 63990, Dec. 7, 2009; 78 FR 9811, Feb. 12, 2013; 79 FR 32650, June 6, 2014]



</CITA>
</DIV8>


<DIV8 N="§ 944.16" NODE="30:3.0.1.18.112.0.1.4" TYPE="SECTION">
<HEAD>§ 944.16   State regulatory program amendment provisions not approved.</HEAD>
<P>(a) The State of Utah submitted a proposed amendment to Utah's coal regulatory program, by letter dated April 12, 2012. The State prepared the proposed amendment in response to legislation (House Bill 399) enacted by the Utah Legislature in 2011 (Utah Code Ann. sec. 78B-5-828). The proposed amendment, which would require an environmental litigation bond be posted by a plaintiff seeking an administrative stay or a court-ordered injunction before any relief was granted, is not approved.
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[89 FR 66222, Aug. 15, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 944.20" NODE="30:3.0.1.18.112.0.1.5" TYPE="SECTION">
<HEAD>§ 944.20   Approval of Utah abandoned mine plan.</HEAD>
<P>The Utah Abandoned Mine Plan, as submitted on February 9, 1983, and as subsequently revised, is approved effective June 3, 1983. Copies of the approved program are available at:
</P>
<P>(a) Division of Oil, Gas and Mining, Department of Natural Resources, 3 Triad Center, Suite 350, 355 West North Temple, Salt Lake City, UT 84180-1203, Telephone: (801)538-5340.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Western Regional Coordinating Center, Technical Library, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
</P>
<CITA TYPE="N">[60 FR 33725, June 29, 1995, as amended at 60 FR 54593, Oct. 25, 1995]


</CITA>
</DIV8>


<DIV8 N="§ 944.25" NODE="30:3.0.1.18.112.0.1.6" TYPE="SECTION">
<HEAD>§ 944.25   Approval of Utah abandoned mine land reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 26, 1991</TD><TD align="left" class="gpotbl_cell">August 19, 1992</TD><TD align="left" class="gpotbl_cell">UCA 40-10-25(1), (2)(c), (e), (f), (3)(a), (b), (c), .1(1)(a), (b), (2)(a), (b), (c), (3)(a) through (d), .2(1), (2), -27(10)(b), -28.1(1) through (7).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 7, 1994</TD><TD align="left" class="gpotbl_cell">September 27, 1994</TD><TD align="left" class="gpotbl_cell">UCA 40-10-28(1), (a)(i), (b), (2)(b), .1(6).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 14, 1994</TD><TD align="left" class="gpotbl_cell">July 19, 1995</TD><TD align="left" class="gpotbl_cell">UCA 40-10-25(2)(d), (e), (3), (a), (b), (4), (5), (6), -27(5)(a), (12)(b), -28(1)(a)(ii), (2)(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 27, 1997</TD><TD align="left" class="gpotbl_cell">August 4, 1997</TD><TD align="left" class="gpotbl_cell">UCA 40-10-25(6)(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 2, 1995</TD><TD align="left" class="gpotbl_cell">February 22, 1999</TD><TD align="left" class="gpotbl_cell">Utah Admin. R. 643-870-500; 643-874-100 and -110; 643-874-124 through -128; 643-874-130 through -132; 643-874-140 through -144; 643-874-150; 643-874-160; 643-875-120 through -200; 643-877-141; 643-879-141; 643-879-152.200, -153, and -154; 643-882-132; 643-884-150; and 643-886-232.240.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9956, Mar. 5, 1997, as amended at 62 FR 41850, Aug. 4, 1997; 64 FR 8517, Feb. 22, 1999]



</CITA>
</DIV8>


<DIV8 N="§ 944.30" NODE="30:3.0.1.18.112.0.1.7" TYPE="SECTION">
<HEAD>§ 944.30   State-Federal Cooperative Agreement.</HEAD>
<P>The Governor of the State of Utah (Governor) and the Secretary of the Department of the Interior (Secretary) enter into a Cooperative Agreement (Agreement) to read as follows: 
</P>
<EXTRACT>
<HD1>Article I: Introduction, Purposes and Responsible Agencies
</HD1>
<P>A. Authority: This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary of the Interior under 30 U.S.C. 1253, to elect to enter into an agreement for State regulation of surface coal mining and reclamation operations on Federal lands. This Agreement provides for State regulation of coal exploration operations not subject to 43 CFR part 3480 through 3487, and surface coal mining and reclamation operations and activities in Utah on Federal lands (30 CFR Chapter VII Subchapter D), consistent with SMCRA and the Utah Code Annotated (State Act) governing such activities and the Utah State Program (Program). 
</P>
<P>B. Purposes: The purposes of this Agreement are to (a) foster Federal-State cooperation in the regulation of surface coal mining and reclamation operations and activities and coal exploration operations not subject to 43 CFR part 3480, Subparts 3480 through 3487; (b) minimize intergovernmental overlap and duplication; and (c) provide uniform and effective application of the Program on all lands in Utah in accordance with SMCRA, the Program, and this Agreement. 
</P>
<P>C. Responsible Administrative Agencies: The Utah Division of Oil, Gas, and Mining (DOGM) will be responsible for administering this Agreement on behalf of the Governor. The Office of Surface Mining Reclamation and Enforcement (OSMRE) will administer this Agreement on behalf of the Secretary. 
</P>
<HD1>Article II: Effective Date
</HD1>
<P>After being signed by the Secretary and the Governor, this Agreement will take effect 30 days after publication in the <E T="04">Federal Register</E> as a final rule. This agreement will remain in effect until terminated as provided in Article XI. 
</P>
<HD1>Article III: Definitions 
</HD1>
<P>The terms and phrases used in this Agreement which are defined in SMCRA 30 CFR parts 700, 701 and 740, the Program, including the State Act, and the rules and regulations promulgated pursuant to that Act, will be given the meanings set forth in said definitions. 
</P>
<P>Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the Program will apply. 
</P>
<HD1>Article IV: Applicability 
</HD1>
<P>In accordance with the Federal lands program, the laws, regulations, terms and conditions of the Program are applicable to Federal lands in Utah except as otherwise stated in this Agreement, SMCRA 30 CFR 740.4, 740.11(a) and 745.13, and other applicable Federal laws, Executive Orders, or regulations. 
</P>
<HD1>Article V: General Requirements 
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement. 
</P>
<P>A. Authority of State Agency: DOGM has and will continue to have the authority under State law to carry out this Agreement 
</P>
<P>B. Funds: 1. Upon application by DOGM and subject to appropriations, OSMRE will provide the State with the funds to defray the costs associated with carrying out its responsibilities under this Agreement as provided in section 705(c) of the Federal Act, the grant agreement, and 30 CFR 735.16. Such funds will cover the full cost incurred by DOGM in carrying out these responsibilities, provided that such cost does not exceed the estimated cost the Federal government would have expended on such responsibilities in the absence of this Agreement; and provided that such State-incurred cost per permitted acre of Federal lands does not exceed the per permitted area costs for similar administration and enforcement activities of the Program on non-Federal and non-Indian lands during the same time period. 
</P>
<P>2. The ratio or cost split of Federal to non-Federal dollars allocated under the cooperative agreement will be determined by OSMRE and DOGM based on the projected costs for regulation of mines within Federal lands, in consideration of the relative amounts of Federal and non-Federal land involved. The designation of mines, based on Federal and non-federal land, will be prepared by DOGM and submitted to OSMRE's Albuquerque Field Office. OSMRE's Albuquerque Field Office and OSMRE's Western Field Operations office will work with DOGM to estimate the amount the Federal government would have expended for regulation of Federal lands in Utah in the absence of this Agreement. 
</P>
<P>3. OSMRE and the State will discuss the OSMRE Federal lands cost estimate, the DOGM-prepared list of acres by mine, and the State's overall cost estimate. After resolution of any issues, DOGM will submit its grant application to OSMRE's Albuquerque Field Office. The Federal lands/non-Federal lands ratio will be applied to the final eligible total State expenditures to arrive at the total Federal reimbursement due the State. Assuming timely submission, this ratio or cost split will be agreed upon by July of the year preceding the applicable fiscal year in order to enable the State to budget funds for the Program.
</P>
<P>The State may use the existing year's budget totals, adjusted for inflation and workload considerations in estimating the regulatory costs for the following grant year. OSMRE will notify DOGM as soon as possible if such projections are unrealistic. 
</P>
<P>4. If DOGM applies for a grant but sufficient funds have not been appropriated to OSMRE, OSMRE and DOGM will promptly meet to decide on appropriate measures that will insure that mining operations on Federal lands in Utah are regulated in accordance with the Program. 
</P>
<P>5. Funds provided to the DOGM under this Agreement will be adjusted in accordance with Office of Management and Budget Circular A-102, Attachment E.
</P>
<P>C. Reports and Records: DOGM will make annual reports to OSMRE containing information with respect to compliance with the terms of this Agreement pursuant to 30 CFR 745.12(d). DOGM and OSMRE will exchange, upon request, except where prohibited by Federal or State law, information developed under this Agreement.
</P>
<P>OSMRE will provide DOGM with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement. DOGM comments on the report will be appended before transmission to the Congress or other interested parties.
</P>
<P>D. Personnel: DOGM will maintain the necessary personnel to fully implement this Agreement in accordance with the provisions of SMCRA the Federal lands program, and the Program.
</P>
<P>E. Equipment and Laboratories: DOGM will assure itself access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses can be performed which are necessary to carry out the requirements of the Agreement.
</P>
<P>F. Permit Application Fees and Civil Penalties: The amount of the fee accompanying an application for a permit for operations on Federal lands in Utah will be determined in accordance with 40-10-6(5), Utah Code Annotated 1953 as amended and UMC/SMC 771.25 of the State regulations, and the applicable provisions of the Program and Federal law. All permit fees and civil penalty fines collected from operations on Federal lands will be retained by the State and will be deposited with the State Treasurer. Permit fees will be considered program income. Civil penalty fines will not be considered program income and will be deposited in an account for use in reclaiming abandoned mine sites. The financial status report submitted pursuant to 30 CFR 735.26 will include a report of the amount of fees collected during the State's prior fiscal year.
</P>
<HD1>Article VI: Review of Permit Application Package
</HD1>
<P>A. Submission of Permit Application Package: DOGM and the Secretary require an applicant proposing to conduct surface coal mining and reclamation operations and activities on Federal lands to submit a permit application package (PAP) in an appropriate number of copies to DOGM. DOGM will furnish OSMRE and other Federal agencies with an appropriate number of copies of the PAP. The PAP will be in the form required by DOGM and will include any supplemental information required by OSMRE and the Federal land management agency. Where section 522(e)(3) of SMCRA applies, DOGM will work with the agency with jurisdiction over the publicly owned park, including units of the National Park System, or historic property included in the National Register of Historic Places (NRHP) to determine what supplemental information will be required.
</P>
<P>At a minimum, the PAP will satisfy the requirements of 30 CFR part 740 and include the information necessary for DOGM to make a determination of compliance with the Program and for OSMRE and the appropriate Federal agencies to make determinations of compliance with applicable requirements of SMCRA, the Federal lands program, and other Federal laws, Executive Orders, and regulations for which they are responsible.
</P>
<P>B. Review Procedures Where There is No Leased Federal Coal Involved: 1. DOGM will assume the responsibilities for review of permit applications where there is no leased Federal coal to the extent authorized in 30 CFR 740.4(c) (1), (2), (4), (6) and (7). In addition to consultation with the Federal land management agency pursuant to 30 CFR 740.4 (c)(2), DOGM will be responsible for obtaining, except for non-significant revisions or amendments, the comments and determinations of other Federal agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. DOGM will request such Federal agencies to furnish their findings or any requests for additional information to DOGM within 45 calendar days of the date of receipt of the PAP. OSMRE will assist DOGM in obtaining this information, upon request.
</P>
<P>Responsibilities and decisions which can be delegated to DOGM under other applicable Federal laws may be specified in working agreements between OSMRE and the State, with the concurrence of any Federal agency involved, and without amendment to this agreement.
</P>
<P>2. DOGM will assume primary responsibility for the analysis, review and approval or disapproval of the permit application component of the PAP required by 30 CFR 740.13 for surface coal mining and reclamation operations and activities in Utah on Federal lands not requiring a mining plan pursuant to the Mineral Leasing Act (MLA). DOGM will review the PAP for compliance with the Program and State Act and regulations. DOGM will be the primary point of contact for applicants regarding decisions on the PAP and will be responsible for informing the applicant of determinations.
</P>
<P>3. The Secretary will make his non-delegable determinations under SMCRA, some of which have been delegated to OSMRE.
</P>
<P>4. OSMRE and DOGM will coordinate with each other during the review process as needed. OSMRE will provide technical assistance to DOGM when requested, if available resources allow. DOGM will keep OSMRE informed of findings made during the review process which bear on the responsibilities of OSMRE or other Federal agencies. OSMRE may provide assistance to DOGM in resolving conflicts with Federal land management agencies. OSMRE will be responsible for ensuring that any information OSMRE receives from an applicant is promptly sent to DOGM. OSMRE will have access to DOGM files concerning operations on Federal lands. OSMRE will send to DOGM copies of all resulting correspondence between OSMRE and the applicant that may have a bearing on decisions regarding the PAP. The Secretary reserves the right to act independently of DOGM to carry out his responsibilities under laws other than SMCRA.
</P>
<P>5. DOGM will make a decision on approval or disapproval of the permit on Federal lands.
</P>
<P>(a) Any permit issued by DOGM will incorporate any terms or conditions imposed by the Federal land management agency, including conditions relating to post-mining land use, and will be conditioned on compliance with the requirements of the Federal land management agency. In the case that VER is determined to exist on Federal lands under section 522(e)(3) of SMCRA where the proposed operation will adversely affect a unit of the National Park System (NPS), DOGM will work with the NPS to develop mutually agreed upon terms and conditions for incorporation into the permit to mitigate environmental impact as set forth under Article X of this agreement.
</P>
<P>(b) The permit will include terms and conditions required by other applicable Federal laws and regulations.
</P>
<P>(c) After making its decision on the PAP, DOGM will send a notice to the applicant, OSMRE, the Federal land management agency, and any agency with jurisdiction over a publicly owned park or historic property included in the NRHP which would be affected by a design under section 522(e)(3) of SMCRA. A copy of the permit and written findings will be submitted to OSMRE if requested.
</P>
<P>C. Review Procedures Where Leased Federal Coal is Involved: 1. DOGM will assume the responsibilities listed in 30 CFR 740.4(c) (1), (2), (3), (4), (6) and (7), to the extent authorized.
</P>
<P>In accordance with 30 CFR 740.4(c)(1), DOGM will assume primary responsibility for the analysis, review and approval or disapproval of the permit application component of the PAP for surface coal mining and reclamation operations and activities in Utah where a mining plan is required. OSMRE will, at the request of the State, assist to the extent possible in this analysis and review.
</P>
<P>The Secretary will concurrently carry out his responsibilities that cannot be delegated to DOGM under the Federal lands program, MLA, the National Environmental Policy Act (NEPA), this Agreement, and other applicable Federal laws. The Secretary will carry out these responsibilities in a timely manner and will avoid, to the extent possible, duplication of the responsibilities of the State as set forth in this Agreement and the Program. The Secretary will consider the information in the PAP and, where appropriate, make decisions required by SMCRA, MLA, NEPA, and other Federal laws.
</P>
<P>Responsibilities and decisions which can be delegated to the State under other applicable Federal laws may be specified in working agreements between OSMRE, and DOGM, with concurrence of any Federal agency involved, and without amendment to this Agreement.
</P>
<P>2. DOGM will be the primary point of contact for applicants regarding the review of the PAP for compliance with the Program and State law and regulations. On matters concerned exclusively with regulations under 43 CFR part 3480, Subparts 3480 through 3847, the Bureau of Land Management (BLM) will be the primary contact with the applicant. DOGM will send to OSMRE copies of any correspondence with the applicant and any information received from the applicant regarding the PAP. OSMRE will send to DOGM copies of all OSMRE correspondence with the applicant which may have a bearing on the PAP. As a matter of practice, OSMRE will not independently initiate contacts with applicants regarding completeness or deficiencies of the PAP with respect to matters covered by the Program.
</P>
<P>BLM will inform DOGM of its actions and provide DOGM with a copy of documentation on all decisions. DOGM will be responsible for informing the applicant of all joint State-Federal determinations. Where necessary to make the determination to recommend that the Secretary approve the mining plan, OSMRE will consult with and obtain the concurrences of the BLM, the Federal land management agency and other Federal agencies as required.
</P>
<P>The Secretary reserves the right to act independently of DOGM to carry out his responsibilities under laws other than SMCRA or provisions of SMCRA not covered by the Program, and in instances of disagreement over SMCRA and the Federal lands program.
</P>
<P>DOGM will to the extent authorized, consult with the Federal land management agency and BLM pursuant to 30 CFR 740.4(c) (2) and (3), respectively. DOGM will also be responsible for obtaining the comments and determinations of other Federal agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. DOGM will request all Federal agencies to furnish their findings or any requests for additional information to DOGM within 45 days of the date of receipt of the PAP. OSMRE will assist DOGM in obtaining this information, upon request of DOGM.
</P>
<P>3. DOGM will be responsible for approval and release of performance bonds under 30 CFR 740.4(c)(4), and for review and approval of exploration operations not subject to 43 CFR part 3480, under 30 CFR 740.4(c)(6).
</P>
<P>DOGM will prepare documentation to comply with the requirements of NEPA under 30 CFR 740.4(c)(7); however, OSMRE will retain the responsibility for the exceptions in 30 CFR 740.4(c)(7)(i)-(vii).
</P>
<P>OSMRE will assist DOGM in carrying out DOGM's responsibilities by:
</P>
<P>(a) Coordinating resolution of conflicts and difficulties between DOGM and other Federal agencies in a timely manner.
</P>
<P>(b) Assisting in scheduling joint meetings, upon request, between State and Federal agencies.
</P>
<P>(c) Where OSMRE is assisting DOGM in reviewing the PAP, furnishing to DOGM the work product within 50 calendar days of receipt of the State's request for such assistance, unless a different time is agreed upon by OSMRE and DOGM.
</P>
<P>(d) Exercising its responsibilities in a timely manner, governed to the extent possible by the deadlines established in the Program.
</P>
<P>(e) Assuming all responsibility for ensuring compliance with any Federal lessee protection board requirement. 
</P>
<P>4. Review of the PAP: (a) OSMRE and DOGM will coordinate with each other during the review process as needed. DOGM will keep OSMRE informed of findings made during the review process which bear on the responsibilities of OSMRE or other Federal agencies. OSMRE will ensure that any information OSMRE receives which has a bearing on decisions regarding the PAP is promptly sent to DOGM.
</P>
<P>(b) DOGM will review the PAP for compliance with the Program and State law and regulations.
</P>
<P>(c) OSMRE will review the operation and reclamation plan portion of the permit application, and any other appropriate portions of the PAP, for compliance with the non-delegable responsibilities of SMCRA and for compliance with the requirements of other Federal laws and regulations.
</P>
<P>(d) OSMRE and DOGM will develop a work plan and schedule for PAP review and each will identify a person as the project leader. The project leaders will serve as the primary points of contact between OSMRE and DOGM throughout the review process. Not later than 50 days after receipt of the PAP, unless a different time is agreed upon, OSMRE will furnish DOGM with its review comments on the PAP and specify any requirements for additional data. To the extent practicable, DOGM will provide OSMRE all available information that may aid OSMRE in preparing any findings.
</P>
<P>(e) DOGM will prepare a State decision package, including written findings and supporting documentation, indicating whether the PAP is in compliance with the Program. The review and finalization of the State decision package will be conducted in accordance with procedures for processing PAPs agreed upon by DOGM and OSMRE.
</P>
<P>(f) DOGM may make a decision on approval or disapproval of the permit on Federal lands in accordance with the Program prior to the necessary Secretarial decision on the mining plan, provided that DOGM advises the operator in the permit that Secretarial approval of the mining plan must be obtained before the operator may conduct coal development or mining operations on the Federal lease. DOGM will reserve the right to amend or rescind any requirements of the permit to conform with any terms or conditions imposed by the Secretary in the approval of the mining plan.
</P>
<P>(g) The permit will include, as applicable, terms and conditions required by the lease issued pursuant to the MLA and by any other applicable Federal laws and regulations, including conditions imposed by the Federal land management agency relating to post-mining land use, and those of other affected agencies, and will be conditioned on compliance with the requirements of the Federal land management agency with jurisdiction.
</P>
<P>(h) In the case that VER is determined to exist on Federal lands under section 522(e)(3) of SMCRA where the proposed operation will adversely affect a unit of the NPS, DOGM will work with the NPS to develop mutually agreed upon terms and conditions for incorporation into the permit to mitigate environmental impacts as set forth under Article X of this agreement.
</P>
<P>(i) After making its decision on the PAP, DOGM will send a notice to the applicant, OSMRE, the Federal land management agency, and any agency with jurisdiction over the publicly owned park or historic property included in the NRHP affected by a decision under section 522(e)(3) of SMCRA. A copy of the written findings and the permit will also be submitted to OSMRE.
</P>
<P>5. OSMRE will provide technical assistance to DOGM when requested, if available resources allow. OSMRE will have access to DOGM files concerning operations on Federal lands.
</P>
<P>D. Review Procedures for Permit Revisions, Amendments, or Renewals: 1. Any permit revision, amendment, or renewal for an operation on Federal lands will be reviewed and approved or disapproved by DOGM after consultation with OSMRE on whether such revision, amendment, or renewal constitutes a mining plan modification. OSMRE will inform DOGM within 30 days of receiving a copy of a proposed revision, amendment, or renewal, whether the permit revision, amendment, or renewal constitutes a mining plan modification. Where approval of a mining plan modification is required, OSMRE and DOGM will follow the procedures outlined in paragraphs C.1. through C.5. of this Article.
</P>
<P>2. OSMRE may establish criteria to determine which permit revisions, amendments, and renewals clearly do not constitute mining plan modifications.
</P>
<P>3. Permit revisions, amendments, or renewals on Federal lands which are determined by OSMRE not to constitute mining plan modifications under paragraph D.1. of this Article or that meet the criteria for not being mining plan modifications as established under paragraph D.2. of this Article will be reviewed and approved following the procedures outlined in paragraphs B.1. through B.5. of this Article.
</P>
<HD1>Article VII: Inspections
</HD1>
<P>A. DOGM will conduct inspections on Federal lands in accordance with 30 CFR 740.4(c)(5) and prepare and file inspection reports in accordance with the Program.
</P>
<P>B. DOGM will, subsequent to conducting any inspection pursuant to 30 CFR 740.4(c)(5), and on a timely basis, file with OSMRE a legible copy of the completed State inspection report.
</P>
<P>C. DOGM will be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by the Agreement, except as described hereinafter. Nothing in this Agreement will prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement. The Department may conduct any inspections necessary to comply with 30 CFR parts 842 and 843 and its obligations under laws other than SMCRA.
</P>
<P>D. OSMRE will ordinarily give DOGM reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to provide State inspectors with an opportunity to join in the inspection. When OSMRE is responding to a citizen complaint of an imminent danger to the public health and safety, or of significant, imminent environmental harm to land, air or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it will contact DOGM no less than 24 hours prior to the Federal inspection, if practicable, to facilitate a joint Federal/State inspection. All citizen complaints which do not involve an imminent danger of significant, imminent environmental harm will be referred to DOGM for action. The Secretary reserves the right to conduct inspections without prior notice to DOGM to carry out his responsibilities under SMCRA.
</P>
<HD1>Article VIII: Enforcement
</HD1>
<P>A. DOGM will have primary enforcement authority under SMCRA concerning compliance with the requirements of this Agreement and the Program in accordance with 30 CFR 740.4(c)(5). Enforcement authority given to the Secretary under other Federal laws and Executive orders including, but not limited to, those listed in appendix A (attached) is reserved to the Secretary.
</P>
<P>B. During any joint inspection by OSMRE and DOGM, DOGM will have primary responsibility for enforcement procedures, including issuance of orders of cessation, notices of violation, and assessment of penalties. DOGM will inform OSMRE prior to issuance of any decision to suspend or revoke a permit on Federal lands.
</P>
<P>C. During any inspection made solely by OSMRE or any joint inspection where DOGM and OSMRE fail to agree regarding the propriety of any particular enforcement action, OSMRE may take any enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action will be based on the standards in the Program, SMCRA, or both, and will be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845.
</P>
<P>D. DOGM and OSMRE will promptly notify each other of all violations of applicable laws, regulations, orders, or approved mining permits subject to this Agreement, and of all actions taken with respect to such violations.
</P>
<P>E. Personnel of DOGM and OSMRE will be mutually available to serve as witness in enforcement actions taken by either party.
</P>
<P>F. This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other than SMCRA.
</P>
<HD1>Article IX: Bonds
</HD1>
<P>A. DOGM and the Secretary will require each operator who conducts operations on Federal lands to submit a single performance bond payable to Utah and the United States to cover the operator's responsibilities under SMCRA and the Program. Such performance bond will be conditioned upon compliance with all requirements of the SMCRA, the Program, State rules and regulations, and any other requirements imposed by the Department. Such bond will provide that if this Agreement is terminated, the portion of the bond covering the Federal lands will be payable only to the United States. DOGM will advise OSMRE or annual adjustments to the performance bond, pursuant to the Program.
</P>
<P>B. Prior to releasing the operator from any obligation under such bond, DOGM will obtain the concurrence of OSMRE. OSMRE concurrence will include coordination with other Federal agencies having authority over the lands involved.
</P>
<P>C. Performance bonds will be subject to forfeiture with the concurrence of OSMRE, in accordance with the procedures and requirements of the Program.
</P>
<P>D. Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43 CFR subpart3474 or lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of SMCRA.
</P>
<HD1>Article X: Designating Land Areas Unsuitable for All or Certain Types of Surface Coal Mining and Reclamation Operations and Activities and Valid Existing Rights and Compatibility Determinations
</HD1>
<HD2>A. Unsuitability Petitions.
</HD2>
<P>1. Authority to designate Federal lands as unsuitable for mining pursuant to a petition is reserved to the Secretary.
</P>
<P>2. When either DOGM or OSMRE receives a petition that could impact adjacent Federal or non-Federal lands pursuant to section 522(c) of SMCRA, the agency receiving the petition will notify the other of receipt and the anticipated schedule for reaching a decision, and request and fully consider data, information and recommendations of the other. OSMRE will coordinate with the Federal land management agency with jurisdiction over the petition area, and will solicit comments from the agency.
</P>
<HD2>B. Valid Existing Rights and Compatibility Determinations
</HD2>
<P>The following actions will be taken when requests for determinations of VER pursuant to section 522(e) of SMCRA, or for determinations of compatibility pursuant to section 522(e)(2) of SMCRA are received prior to or at the time of submission of a PAP that involves surface coal mining and reclamation operations and activities:
</P>
<P>1. For Federal lands within the boundaries of any areas specified under section 522(e)(1) of SMCRA, OSMRE will determine whether VER exists for such areas. 
</P>
<P>For non-Federal lands within section 522(e)(1) areas DOGM, with the consultation and concurrence of OSMRE, will determine whether operations on such lands will or will not affect Federal lands. For such non-Federal lands affecting Federal lands, OSMRE will make the VER determination.
</P>
<P>Under section 522(e)(1), for non-Federal lands within the boundaries of the National Park System, DOGM, with the consultation and concurrence of OSMRE, will determine whether operations on such lands will or will not affect the Federal interest. For such non-Federal lands within the boundaries of the National Park System which affect the Federal interest, OSMRE will make the VER determination. 
</P>
<P>2. For Federal lands within the boundaries of any national forest where proposed operations are prohibited or limited by section 522(e)(2) of SMCRA and 30 CFR 761.11(b), OSMRE will make the VER determination. 
</P>
<P>OSMRE will process requests for determinations of compatibility under section 522(e)(2) of SMCRA.
</P>
<P>3. For Federal lands, DOGM, with the consultation and concurrence of OSMRE, will determine whether any proposed operation will adversely affect units of the National Park System with respect to the prohibitions or limitations of section 522(e)(3) of SMCRA. For such operations adversely affecting units of the National Park System, DOGM, with the consultation and concurrence of OSMRE, will make the VER determination.
</P>
<P>For Federal lands, DOGM will determine whether any proposed operation will adversely affect all publicly owned parks other than those covered in the preceding paragraph and, in consultation with the State Historic Preservation Officer, places listed in the National Register of Historic Places, with respect to the prohibitions or limitations of section 522(e)(3) of SMCRA.
</P>
<P>For Federal lands other than those on which the proposed operation will adversely affect units of the National Park System, DOGM will make the VER determination for operations which are prohibited or limited by section 522(e)(3) of SMCRA. In the case that VER is determined to exist on Federal lands under section 522(e)(3) of SMCRA where a proposed operation will adversely affect a unit of the NPS, DOGM will work with the NPS to develop mutually agreed upon terms and conditions for incorporation into the permit in order to mitigate environmental impacts. 
</P>
<P>In the case that VER is determined not to exist under section 522(e)(3) of SMCRA or 30 CFR 761.11(c), no surface coal mining operations and activities will be permitted unless jointly approved by DOGM and the Federal, State or local agency with jurisdiction over the publicly owned park or historic place. 
</P>
<P>4. DOGM will process determinations of VER on Federal lands for all areas limited or prohibited by section 522(e) (4) and (5) of SMCRA as unsuitable for mining. For operations on Federal lands, DOGM will coordinate with any affected agency or agency with jurisdiction over the proposed surface coal mining and reclamation operation.
</P>
<HD1>Article XI: Termination of Cooperative Agreement
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement 
</HD1>
<P>If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIV: Changes in State or Federal Standards
</HD1>
<P>A. The Department or the State may from time to time promulgate new or revised performance or reclamation requirements or enforcement and administration procedures. Each party will, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations or request necessary legislative action. Such changes will be made under the procedures of 30 CFR part 732 for changes to the Program and under the procedures of section 501 of SMCRA for changes to the Federal lands program.
</P>
<P>B. DOGM and the Department will provide each other with copies of any changes to their respective laws, rules, regulations or standards pertaining to the enforcement and administration of this Agreement. 
</P>
<HD1>Article XV: Changes in Personnel and Organization
</HD1>
<P>Each party to this Agreement will notify the other, when necessary, of any changes in personnel, organization and funding, or other changes that may affect the implementation of this Agreement to ensure coordination of responsibilities and facilitate cooperation. 
</P>
<HD1>Article XVI: Reservation of Rights
</HD1>
<P>This Agreement will not be construed as waiving or preventing the assertion of any rights in this Agreement that the State or the Secretary may have under laws other than SMCRA or their regulations, including but not limited to those listed in appendix A.
</P>
<FP-DASH>Dated:
</FP-DASH>
<FP-DASH>Signed:
</FP-DASH>
<FRP><I>Governor of Utah</I>
</FRP>
<FP-DASH>Dated:
</FP-DASH>
<FP-DASH>Signed:
</FP-DASH>
<FRP><I>Secretary of the Interior</I>
</FRP>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations, including 43 CFR part 3480.
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500.
</P>
<P>4. The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402.
</P>
<P>5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800.
</P>
<P>6. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations.
</P>
<P>7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations.
</P>
<P>8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations.
</P>
<P>9. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I>
</P>
<P>10. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands.
</P>
<P>11. Executive Order 11988 (May 24, 1977), for flood plain protection.
</P>
<P>12. Executive Order 11990 (May 24, 1977), for wetlands protection.
</P>
<P>13. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations.
</P>
<P>14. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I>
</P>
<P>15. The Constitution of the United States.
</P>
<P>16. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 <I>et seq.</I>
</P>
<P>17. 30 CFR Chapter VII.
</P>
<P>18. The Constitution of the State of Utah.
</P>
<P>19. Utah Code Annotated 40-10-1 <I>et seq.</I>
</P>
<P>20. Utah Code Annotated 40-8-1 <I>et seq.</I>
</P>
<P>21. Utah Coal Mining and Reclamation Permanent Program, Chapters I and II, Final Rules of the Board of Oil, Gas and Mining, UMC/SMC 700 <I>et seq.</I></P></EXTRACT>
<CITA TYPE="N">[52 FR 7850, Mar. 13, 1987]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="946" NODE="30:3.0.1.18.113" TYPE="PART">
<HEAD>PART 946—VIRGINIA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 946.1" NODE="30:3.0.1.18.113.0.1.1" TYPE="SECTION">
<HEAD>§ 946.1   Scope.</HEAD>
<P>This part contains all rules applicable only within Virginia that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[46 FR 61114, Dec. 15, 1981]


</CITA>
</DIV8>


<DIV8 N="§ 946.10" NODE="30:3.0.1.18.113.0.1.2" TYPE="SECTION">
<HEAD>§ 946.10   State regulatory program approval.</HEAD>
<P>The Virginia regulatory program, as submitted on March 3, 1980, as amended and clarified on June 16, 1980, as resubmitted on August 13, 1981, and as clarified in a meeting with OSMRE on September 21 and 22, 1981, and in a letter to the director of the Office of Surface Mining on October 15, 1981, is conditionally approved, effective December 15, 1981. Effective January 1, 1985, the Department of Mines, Minerals and Energy replaces the Department of Conservation and Economic Development as the regulatory authority in Virginia for all surface coal mining and reclamation operations and all exploration operations on non-Federal and non-Indian lands. Copies of the approved program as amended are available for review at the following locations: 
</P>
<P>(a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, P.O. Drawer 1216, Powell Valley Square Shopping Center, room 220, Route 23, Big Stone Gap, Virginia 24219.
</P>
<CITA TYPE="N">[51 FR 42554, Nov. 25, 1986, as amended at 59 FR 17930, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 946.11" NODE="30:3.0.1.18.113.0.1.3" TYPE="SECTION">
<HEAD>§ 946.11   Conditions of State regulatory program approval.</HEAD>
<P>The approval of the Virginia State program is subject to the State revising its program to correct the deficiencies listed in this section. The program revisions may be made, as appropriate, to the statute, the regulations, the program narrative, or the Attorney General's opinion. This section indicates, for the general guidance of the State, the component of the program to which the Secretary recommends the change be made.
</P>
<CITA TYPE="N">[46 FR 61114, Dec. 15, 1981, as amended at 47 FR 31550, July 21, 1982; 47 FR 55678, Dec. 13, 1982; 48 FR 25186, June 6, 1983; 48 FR 46031, Nov. 11, 1983; 49 FR 19478, May 8, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 946.12" NODE="30:3.0.1.18.113.0.1.4" TYPE="SECTION">
<HEAD>§ 946.12   State program provisions and amendments not approved.</HEAD>
<P>(a) The following provisions are disapproved effective April 22, 1983: Paragraphs 3.01(a)(1), 3.01(a)(4) and 3.01 (a)(5) of the Virginia Coal Surface Mining and Reclamation Regulations for Operations Disturbing Two Surface Acres or Less.
</P>
<P>(b) The following provisions of the coal surface mining reclamation regulations promulgated pursuant to Chapter 19, Title 45.1 of the Code of Virginia (1950), as submitted on November 8, 1985, as hereby disapproved: 
</P>
<P>(1) The definition of “affected area” in section 480-03-19.700.5 to the extent that it could be interpreted as excluding all public roads with more than incidental public use; 
</P>
<P>(2) Section 480-03-19.761.11(h), which prohibits mining on certain Federal lands, in its entirety; and 
</P>
<P>(c)(1) We are not approving the words, “or the UCP revision current at the time of issuance of the letter of credit,” in the definition of “Collateral bond,” paragraph (d), at 4 VAC 25-130-700.5; and
</P>
<P>(2) We are not approving the words, “or revision current at the time of issuance of the letter of credit” at 4 VAC 25-130-800.21(c)(1).
</P>
<P>(d) We are not approving the following portions of provisions of the proposed program amendment that Virginia submitted on June 12, 2015:
</P>
<P>(1) We are deferring our decision on the removal of 4 VAC 25-130-801.13(d) of the self-bonding regulations until all previously approved self-bonds have either been lawfully released based on an accurate determination that the permittee has satisfactorily completed all reclamation obligations or replaced with an adequate substitute financial assurance under the approved Virginia regulatory program.
</P>
<P>(2) We are deferring our decision on the provisions of 45.1-270.4.B and C of the Virginia Code that address reclamation tax revenue to the extent that they impose a cap of $20 million. We are approving the continuing collection of the tax beyond $2 million but deferring our decision on the cessation of the tax collection when the Fund reaches $20 million until such time as Virginia either takes legislative action to remove the cap from this statute or demonstrates that $20 million is a sufficient amount of money to complete the reclamation, including water treatment, on any site covered by the Fund.
</P>
<CITA TYPE="N">[50 FR 32851, Aug. 15, 1985, as amended at 51 FR 42554, Nov. 25, 1986; 52 FR 26973, July 17, 1987; 66 FR 43483, Aug. 20, 2001; 88 FR 85850, Dec. 11, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 946.13" NODE="30:3.0.1.18.113.0.1.5" TYPE="SECTION">
<HEAD>§ 946.13   State program provisions set aside.</HEAD>
<P>(a) Paragraphs 3.01(a)(1), 3.01(a)(4) and 3.01(a)(5) of the Virginia Coal Surface Mining and Reclamation Regulations for Operations Disturbing Two Surface Acres or Less are inconsistent with and less effective than the Federal provisions for the two-acre exemption and are set aside in their entirety under the provisions of section 505(b) of the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) [Reserved]
</P>
<CITA TYPE="N">[50 FR 32851, Aug. 15, 1985]


</CITA>
</DIV8>


<DIV8 N="§ 946.15" NODE="30:3.0.1.18.113.0.1.6" TYPE="SECTION">
<HEAD>§ 946.15   Approval of Virginia regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 28, 1982</TD><TD align="left" class="gpotbl_cell">July 21, 1982</TD><TD align="left" class="gpotbl_cell">Virginia's revised policy statement granting authority to field inspectors to issue cessation orders for imminent danger or harm.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 9, 1982</TD><TD align="left" class="gpotbl_cell">August 19, 1982</TD><TD align="left" class="gpotbl_cell">VA Code § 33.1-246.1; V816.150, V817.150.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 8, 1982</TD><TD align="left" class="gpotbl_cell">September 21, 1982</TD><TD align="left" class="gpotbl_cell">VA Code §§ 45.1-270.1 through .7; V808.15, V809, reference changes to remainder of Subchapter VJ.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 13, 1982</TD><TD align="left" class="gpotbl_cell">December 13, 1982</TD><TD align="left" class="gpotbl_cell">VA Code § 45.1-235(C); conditions (a) through (j), (l) through (p), (s).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 30, 1982</TD><TD align="left" class="gpotbl_cell">January 18, 1983</TD><TD align="left" class="gpotbl_cell">§ V809.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 20, 1982</TD><TD align="left" class="gpotbl_cell">February 28, 1983</TD><TD align="left" class="gpotbl_cell">§ V809.11.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 22, 1983</TD><TD align="left" class="gpotbl_cell">April 21, 1983, June 6 and 20, 1983</TD><TD align="left" class="gpotbl_cell">VA Code §§ 45.1-234, 240 , 249, 251.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 9, 1982</TD><TD align="left" class="gpotbl_cell">April 22, 1983</TD><TD align="left" class="gpotbl_cell">Chapter 23 of Title 45.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 20, 1983</TD><TD align="left" class="gpotbl_cell">December 27, 1983</TD><TD align="left" class="gpotbl_cell">VA Code §§ 45.1-270.2 through .4; Part V809.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 27, 1983</TD><TD align="left" class="gpotbl_cell">March 16, 1984</TD><TD align="left" class="gpotbl_cell">Coal haul road policy.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 10, 1984</TD><TD align="left" class="gpotbl_cell">May 8, 1984</TD><TD align="left" class="gpotbl_cell">§ V786.19(o).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 11, 1984</TD><TD align="left" class="gpotbl_cell">August 2, 1984</TD><TD align="left" class="gpotbl_cell">Subchapter VM Part V850—Blaster certification program; §§ V816/817.61(c); Chapter 230 of the 1984 Acts of Assembly; and all other items.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 13, 1984</TD><TD align="left" class="gpotbl_cell">August 31, 1984</TD><TD align="left" class="gpotbl_cell">Chapter 590 of the 1984 Acts of Assembly to revise various Sections of Title 45.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 20, 1985</TD><TD align="left" class="gpotbl_cell">May 8, 1985</TD><TD align="left" class="gpotbl_cell">VA Code §§ 45.1-244, 369.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 1985</TD><TD align="left" class="gpotbl_cell">August 15, 1985</TD><TD align="left" class="gpotbl_cell">VA Code §§ 45.1-364, 364.1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 4, 1985</TD><TD align="left" class="gpotbl_cell">November 18, 1985</TD><TD align="left" class="gpotbl_cell">V700.5—definitions of “coal preparation or coal processing,” “coal preparation plant”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 8, 1985</TD><TD align="left" class="gpotbl_cell">November 25, 1986</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 700 through 850; techniques for measuring revegetation success; applications for a permit revision.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 20, 1987</TD><TD align="left" class="gpotbl_cell">July 17, 1987</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 784.20(f)(2); 817.121(c)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 16, 1987</TD><TD align="left" class="gpotbl_cell">August 17, 1987</TD><TD align="left" class="gpotbl_cell">VR 480-03-19.801.13(a)(2), .17(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 15, 1987, July 2, 1987</TD><TD align="left" class="gpotbl_cell">December 31, 1987</TD><TD align="left" class="gpotbl_cell">VA Code §§ 45.1-270.3:1, .4, .5:1, .6B; VR 480-03-19.801.12(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 1, 1987</TD><TD align="left" class="gpotbl_cell">March 7, 1988</TD><TD align="left" class="gpotbl_cell">VR 480-13-19.789.1(e); measurement techniques for determining ground cover on small areas; sampling techniques for measuring productivity of grazing land, pasture land, and crop land; VR 480-03-19: .843.15, .845.17(b), .18(b)(1).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 10, 1987</TD><TD align="left" class="gpotbl_cell">June 16, 1988</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 700.5 defining “abatement plan,” “actual improvement,” “baseline pollution load,” “best professional judgment,” “best technology,” “pollution abatement area;” 785.19; 825. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 30, 1989</TD><TD align="left" class="gpotbl_cell">December 1, 1989</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 700.11; 764.15, 773.15; 779.19, .20; 780.14, .16; 783.19, .20; 784.20, .21; 785.14; 801.17; 816.97; 817.97; 840.11; 846, .2, .12; 846.14, .17, .18. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 5, 1989</TD><TD align="left" class="gpotbl_cell">February 2, 1990</TD><TD align="left" class="gpotbl_cell">VA Code §§ 45.1-270.2, .3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 6, 1988</TD><TD align="left" class="gpotbl_cell">February 5, 1990</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 700.5; 772.12(b)(8)(iv); 773.12, .15(c)(11), (12); 779.12(b), .24(j); .780.31; 783.12(b), .24(j); 784.17; 785.13(b)(2), .14(c)(1), .16(a)(1); 800.52; 816/817.116(b)(3)(v)(C); 842.15(d); 843.12(j), .13(f); revegetation success standard.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 31, 1990</TD><TD align="left" class="gpotbl_cell">December 7, 1990</TD><TD align="left" class="gpotbl_cell">VA Code § 45.1-270.4:1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 12, 1990</TD><TD align="left" class="gpotbl_cell">December 26, 1990</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 784.20; 817.121.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 29, 1990</TD><TD align="left" class="gpotbl_cell">January 4, 1991</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 700.5; 773.15, .17, .20, .21; 778.13, .14; 843.11, .13.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 5, 1991, May 1, 1991</TD><TD align="left" class="gpotbl_cell">August 5, 1991</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 801.11(a), .12(a), (b), (g), .14(a) through (d), .15(a); VA Code §§ 45.1-261.1, 270.3, .3:1, .4, .4:1.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 1, 1990</TD><TD align="left" class="gpotbl_cell">July 7, 1992</TD><TD align="left" class="gpotbl_cell">VR 480-03-19: 700.5 definitions—“Road,” “Support Facilities,” .11(a), (4), (d); 701.11(a) through (c); 702.5 defining Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, .11 through .18; 772.11(a), (b)(3), .12(a), (b)(3), (d), .14(a), (b); 773.11(a); 780.25(c), .37(a) through (e), .38; 784.16(c), .24(a) through (e), .30; 785.17(e)(5), .21(a); 800.60(b); 815.2, .15(b); 816.46(c)(2), .49(a)(1), (3)(i), (5), (8), (9), (b)(7), (c)(2), .84(b)(2), (f), .116(b)(3)(i), (ii), (iv)(C), (c)(2), .150(a) through .150(e), (f)(1), .151(a)(1), (2), (c), (d)(1), (2), (4), (5), (6); 817.46(c)(2), .49(a)(1), (3)(i), (5), (8), (9), (b)(7), (c)(2), .84(b)(2), (f), .116(b)(3)(i), (ii), (iv)(C), (v)(C), (c)(2), .150(a) through (e), (f)(1), .151(a), (c), (d)(1), (2), (4), (5), (6); 823.11(b), .12(c)(2), .14(d); 827.1; 843.11(a)(2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 6, 1993</TD><TD align="left" class="gpotbl_cell">September 24, 1993</TD><TD align="left" class="gpotbl_cell">VA Code §§ 45.1-243, -258.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 22, 1993</TD><TD align="left" class="gpotbl_cell">September 27, 1994</TD><TD align="left" class="gpotbl_cell">VR 480-03-19.816/817: .49(a)(3)(ii), .116(b)(3)(v)(A), (c)(3), .151(b), .152.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 31, 1994</TD><TD align="left" class="gpotbl_cell">August 8, 1995</TD><TD align="left" class="gpotbl_cell">VR 480-03-19.816/817.102(e)(1), (2).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 13, 1995</TD><TD align="left" class="gpotbl_cell">May 29, 1996</TD><TD align="left" class="gpotbl_cell">VR 480-03-19.816.102(e), .817.102(e).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 17, 1996</TD><TD align="left" class="gpotbl_cell">August 19, 1996</TD><TD align="left" class="gpotbl_cell">VA Code § 45.1-243B; VR 480-03-19.784.14(g); 817.41(i)(3), (i)(3)(i), (ii).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 1996</TD><TD align="left" class="gpotbl_cell">September 4, 1996</TD><TD align="left" class="gpotbl_cell">VA 480-03-19.700.5 concerning definitions of “Lands eligible for remining,” “Unanticipated event or condition;” 773.15(b)(4), (c)(14); 785.25; 816/817.116(c)(2)(i), (ii).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 21, 1996</TD><TD align="left" class="gpotbl_cell">September 17, 1997, and November 12, 1997</TD><TD align="left" class="gpotbl_cell">VA Code §§ 480-03-19.700.5; 784.14, 20; 817.41, 121.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 1, 1997</TD><TD align="left" class="gpotbl_cell">June 24, 1998</TD><TD align="left" class="gpotbl_cell">VA Code Sections 701.5; 779.22 [deletion], .25(k) [deletion]; 780.23, .25(a), (a)(2)(a)(3), (b), (c)(3), (f), 35(b); 783.25(k) [deletion]; 784.15, .16(a), (a)(2), (a)(3), (b), (c)(3), (f), .23(c); 800.40(a)(3); 816.46(a)(2), (b)(3), (b)(5), (c)(2), .49(a)(1), (a)(4)(i) &amp; (ii), (5), (6), (9), (11), (c)(2), .74(a) through (g), .81(a), (c)(3) [deletion], .89(d) [deletion], .104, .105; 817.46(a)(2), (b)(3), (b)(5), (c)(2) .49(a)(1), (a)(4)(i) &amp; (ii), (5), (6), (9), (11), (c)(2), .74(a) through (g), .81(a), (c)(3) [deletion], .89(d) [deletion]; 840.11(f)(2) &amp; (g)(4), (h); 843.14(a)(2); 845.17(b) through (b)(2)(ii), .18(a), (b) through (b)(3)(ii), (d)(1) &amp; (2), .19(a) and 846.17(b)(3) [deletion] and (c).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 31, 1997</TD><TD align="left" class="gpotbl_cell">May 3, 1999</TD><TD align="left" class="gpotbl_cell">Code of Virginia at § 45.1-241(C) concerning letter of credit.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 17, 1998</TD><TD align="left" class="gpotbl_cell">December 13, 1999</TD><TD align="left" class="gpotbl_cell">Policy clarification for implementing 4 VAC 25-130-774.13(d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 2, 1999</TD><TD align="left" class="gpotbl_cell">December 27, 1999</TD><TD align="left" class="gpotbl_cell">Statute: 45.1-235 C of the Code of Virginia. Regulations: 4 VAC 25-130-700.5; 795.1; 795.6(a)(2); 795.7(e)(2) [deleted], and (e)(5) [deleted]; 795.8(a) and (b); 795.9(a), (b)(1) through (b)(6); 795.10(a)(5), (b), (c) [deleted] and (d) [deleted]; 795.11(b); 795.12(a), (a)(2), (a)(3), (b) [deleted], and (c) [deleted].
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 24, 1998</TD><TD align="left" class="gpotbl_cell">February 7, 2000</TD><TD align="left" class="gpotbl_cell">Policy clarification for implementing 4 VAC 25-130-816/817.76.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 27, 2000</TD><TD align="left" class="gpotbl_cell">November 2, 2000</TD><TD align="left" class="gpotbl_cell">4 VAC 25-130-784.20(a)(3) amended and suspended in part; 817.121(c)(4)(i) through (iv) suspended and deleted.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 22, 2000</TD><TD align="left" class="gpotbl_cell">August 20, 2001</TD><TD align="left" class="gpotbl_cell">4 VAC 25-130-700.5 (partial approval); 800.21(a), (c)(1) (partial approval), (2) and (3), and (d).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 16, 2003</TD><TD align="left" class="gpotbl_cell">September 10, 2003</TD><TD align="left" class="gpotbl_cell">4 VAC 25-130-777.17.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 20, 2004</TD><TD align="left" class="gpotbl_cell">April 14, 2005</TD><TD align="left" class="gpotbl_cell">4 VAC 25-130-801.17 and 801.18.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 9, 2005, and as amended on November 14, 2005, and December 1, 2005</TD><TD align="left" class="gpotbl_cell">January 10, 2006</TD><TD align="left" class="gpotbl_cell">4 VAC 25-130-700.12(e); 773.21(c); 775.11(b)(1) and (d); 775.13(c); 784.20(a)(3); 800.51(c)(1); 800.51(e); 816.11(a)(4) and (a)(5); 816.64(a)(4); 816.105(a) and (b); 817.11(a)(4); 817.64(d); 817.121(c)(4); 842.15(d); 843.12(j); 843.13(b); 843.13(e); 843.15(c); 843.16(e); 845.13(c)(1), (d), (e)(1), and (f); 845.15(a); 845.18(b)(1); 845.19(c); 845.19(d); and 846.14(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 13, 2007</TD><TD align="left" class="gpotbl_cell">July 5, 2007</TD><TD align="left" class="gpotbl_cell">4 VAC 25-130-785.25(c)(deleted); 4 VAC 25-130-816.116 and 817.116(c)(2)(ii).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 13, 2007</TD><TD align="left" class="gpotbl_cell">April 23, 2008</TD><TD align="left" class="gpotbl_cell">4 VAC 25-130-816.22(d)(1) and 817.22(d)(1), 4 VAC 25-130-816.43(a) and 817.43(a), 4 VAC 25-130-816.116(b) and 817.116(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 12, 2007</TD><TD align="left" class="gpotbl_cell">October 18, 2007</TD><TD align="left" class="gpotbl_cell">4 VAC 25-130-842.15(d), Review of decision not to inspect or enforce.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 17, 2008</TD><TD align="left" class="gpotbl_cell">May 29, 2012</TD><TD align="left" class="gpotbl_cell">4VAC 25-130-700.5, 4VAC25-130-761.11, 4VAC25-130-761.13, 4VAC25-130-761.16, 4VAC25-130-772.12, 4VAC 25-130-773.13, 4VAC 25-130-773.15, 4VAC 25-130-773.20(c)(3), 4VAC 25-130-773.21, 4VAC 25-130-774.12, 4VAC 25-130-774.17(a), 4VAC 25-130-778.13, 4VAC 25-130-778.14(c), 4VAC 25-130-800.52(a) and (a)(5), 4VAC 25-130-801.12(c) and (d), 4VAC 25-130-801.13, 4VAC 25-130-840.14(c)(2), 4VAC 25-130-846.2.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 29, 2016</TD><TD align="left" class="gpotbl_cell">October 23, 2019</TD><TD align="left" class="gpotbl_cell">Amend the following sections of the Virginia Administrative Code: Section 4 VAC 25-130-773.15(a)(3). Review of Permit Applications, General; Section 4 VAC 25-130-773.15(e). Review of Permit Applications, Final compliance review.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 12, 2015</TD><TD align="left" class="gpotbl_cell">December 11, 2023</TD><TD align="left" class="gpotbl_cell">45.1-241.C (Performance Bonds), 45.1-270.3 (Initial Payments into Fund; Renewal Payments; Bonds); and 45.1-270.4 (Assessment of Reclamation Tax Revenue for Fund) (partial).
<br/>4 VAC 25-130-700.5 (Definitions) “indemnity agreement” and “self-bond” (deleted); 772.12 (Permit Requirements for Exploration Removing more than 250 Tons of Coal or Occurring on Lands Designated as Unsuitable for Surface Coal Mining Operations); 778.21 (Proof of Publication); 800.12(f) (Form of the Performance Bond); 800.40© and (d) (Requirements to Release Performance Bonds); 801.11 (Participation in the Pool Bond Fund) (deleted); 801.12 (Entrance Fee and Bond); 801.13 (Self-bonding) (deleted); 801.14 (Reclamation Tax) (deleted); 801.15 (Collection of the Reclamation Tax and Penalties for Non-Payment); 801.16 (Reinstatement to the Pool Bond Fund) (deleted).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9956, Mar. 5, 1997, as amended at 62 FR 60660, Nov. 12, 1997; 63 FR 34286, June 24, 1998; 64 FR 23544, May 3, 1999; 64 FR 69402, Dec. 13, 1999; 64 FR 72280, Dec. 27, 1999; 65 FR 5784, Feb. 7, 2000; 65 FR 65782, Nov. 2, 2000; 66 FR 43483, Aug. 20, 2001; 68 FR 53294, Sept. 10, 2003; 70 FR 19702, Apr. 14, 2005; 71 FR 1494, Jan. 10, 2006; 72 FR 36598, July 5, 2007; 72 FR 59012, Oct. 18, 2007; 73 FR 21823, Apr. 23, 2008; 77 FR 31492, May 29, 2012; 84 FR 56698, Oct. 23, 2019; 88 FR 85850, Dec. 11, 2023]



</CITA>
</DIV8>


<DIV8 N="§ 946.20" NODE="30:3.0.1.18.113.0.1.7" TYPE="SECTION">
<HEAD>§ 946.20   Abandoned mine land reclamation plan approval.</HEAD>
<P>Virginia Abandoned Mine Land Reclamation Plan as submitted on September 22, 1980, is approved effective December 15, 1981. Copies of the approved plan are available for review at the following locations:
</P>
<P>(a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219.
</P>
<P>(b) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, P.O. Drawer 1216, Powell Valley Square Shopping Center, room 220, Route 23, Big Stone Gap, Virginia 24219.
</P>
<CITA TYPE="N">[51 FR 42555, Nov. 25, 1986, as amended at 59 FR 17930, Apr. 15, 1994]


</CITA>
</DIV8>


<DIV8 N="§ 946.25" NODE="30:3.0.1.18.113.0.1.8" TYPE="SECTION">
<HEAD>§ 946.25   Approval of Virginia abandoned mine land reclamation plan amendments.</HEAD>
<P>(a) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 8, 1985</TD><TD align="left" class="gpotbl_cell">November 25, 1986</TD><TD align="left" class="gpotbl_cell">VR 480-03-19.874 through 882.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 3, 1987</TD><TD align="left" class="gpotbl_cell">November 13, 1987</TD><TD align="left" class="gpotbl_cell">VR 480-03-19.884.13(c) (2), (5), (6), (7), (d)(1), (2); Establish emergency program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Feb. 29, 1996</TD><TD align="left" class="gpotbl_cell">July 3, 1997</TD><TD align="left" class="gpotbl_cell">Revisions to the Virginia State Reclamation Plan corresponding to 30 CFR 884.13(a), (b), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), (c)(6), (c)(7), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2), and (f)(3). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 19, 1997</TD><TD align="left" class="gpotbl_cell">February 5, 1998</TD><TD align="left" class="gpotbl_cell">Revisions to the Virginia State Reclamation Plan corresponding to 30 CFR 884.13(c)(2)—Ranking and Selection: Set Aside Funds; and the AML Water Project Evaluation form.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 10, 1999</TD><TD align="left" class="gpotbl_cell">January 7, 2000</TD><TD align="left" class="gpotbl_cell">Revisions to the Virginia State Reclamation Plan corresponding to 30 CFR 884.13(c)(2)—Ranking and Selection: Reclamation Projects Receiving Less Than 50% Government Funding.</TD></TR></TABLE></DIV></DIV>
<P>(b) You may receive a copy from:
</P>
<P>(1) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219, or
</P>
<P>(2) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, Powell Valley Square Shopping Center, 1941 Neeley Road, Suite 201, Compartment 116, Big Stone Gap, Virginia 24219.
</P>
<CITA TYPE="N">[62 FR 9957, Mar. 5, 1997, as amended at 62 FR 35968, July 3, 1997; 63 FR 5891, Feb. 5, 1998; 65 FR 1065, Jan. 7, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 946.30" NODE="30:3.0.1.18.113.0.1.9" TYPE="SECTION">
<HEAD>§ 946.30   State-Federal Cooperative Agreement.</HEAD>
<P>This is a Cooperative Agreement (Agreement) between the Commonwealth of Virginia (State) acting by and through the Governor, and the United States Department of the Interior (Department), acting by and through the Secretary of the Interior (Secretary). 
</P>
<EXTRACT>
<HD1>Article I: Introduction, Purpose, and Responsible Administrative Agency
</HD1>
<P>A. <I>Authority:</I> This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (SMCRA or the Act), 30 U.S.C. 1273(c), which provides that any State with a permanent regulatory program approved under 30 U.S.C. 1253 may enter into an agreement with the Secretary to assume the responsibilities of regulating surface coal mining and reclamation operations on Federal lands within that State. This Agreement provides for such regulation within the Commonwealth of Virginia (State) consistent with SMCRA, the Virginia State Program, and the Federal Lands Program (30 CFR Chapter VII, Subchapter D). 
</P>
<P>B. <I>Purpose:</I> The purpose of this Agreement is to (1) foster State-Federal cooperation in the regulation of coal mining including coal exploration on Federal lands containing non-Federal coal; (2) minimize intergovernmental overlap and duplication; and (3) provide uniform and effective application of the Virginia State Program (State Program) on all Federal lands except those containing leased Federal coal. This agreement does not apply on Indian lands. 
</P>
<P>C. <I>Responsible Administrative Agencies:</I> The Division of Mined Land Reclamation (DMLR) of the Department of Mines, Minerals and Energy is responsible for administering the Agreement on behalf of the Governor. The Office of Surface Mining Reclamation and Enforcement (OSMRE) is responsible for administering this Agreement on behalf of the Secretary. The Federal lands in Virginia covered by this Agreement are predominantly administered by the U.S. Department of Agriculture, Forest Service, and include in part the Jefferson National Forest and the George Washington National Forest. It is understood by all parties that the Forest Service or the applicable Federal agency will continue to regulate mining operations on lands under its jurisdiction pursuant to the laws, regulations, agreements, and restrictions governing those lands. These requirements are in addition to the requirements discussed in this Agreement. 
</P>
<HD1>Article II: Effective Date 
</HD1>
<P>The Agreement shall take effect May 7, 1987. This Agreement shall remain in effect until terminated as provided in Article XI. 
</P>
<HD1>Article III: Definitions 
</HD1>
<P>The terms and phrases used in this Agreement which are defined in the Act, 30 CFR Chapter VII, and the approved State Program shall be given the meanings set forth in said definitions. Where there is a conflict among the above referenced State and Federal definitions, the definitions used in the approved State Program will apply unless prohibited by Federal law. 
</P>
<P>The term “Federal lands covered by the agreement” means all Federal lands in Virginia except those lands containing leased Federal coal or those consisting of Federal surface over unleased Federal coal.
</P>
<HD1>Article IV: Applicability
</HD1>
<P>The laws, rules, terms, and conditions of the State Program are applicable to all Federal lands in Virginia. The State is authorized to conduct regulatory activities on all Federal lands with cooperative agreement. 
</P>
<HD1>Article V: Requirements for Cooperative Agreement
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all of the provisions of this Agreement and will continue to meet all the conditions and requirements specified in the Agreement.
</P>
<P>A. <I>Authority of State Agency:</I> DMLR has and shall continue to have authority under State law to carry out this Agreement.
</P>
<P>B. <I>Funds:</I> Upon application by the DMLR and subject to the availability of appropriations, the Department shall provide the State with the funds to defray the costs associated with carrying out responsibilities under this Agreement as provided by section 705(c) of the SMORA and 30 CFR part 735. If sufficient funds have not been appropriated to OSMRE, OSMRE and DMLR shall meet promptly to decide on measures that will insure that mining operations are regulated in accordance with the State Program. If agreement cannot be reached, then either party may terminate the Agreement in accordance with Article XI.
</P>
<P>Funds provided to the State shall be adjusted in accordance with the Office of Management and Budget Circular A-102, Attachment E. 
</P>
<P>C. <I>Reports and Records:</I> DMLR shall make annual reports to OSMRE pursuant to 30 CFR 745.12(d) on the results of the State's implementation and administration of this cooperative agreement. DMLR and OSMRE shall exchange, upon request, information developed under this Agreement except where prohibited by Federal law. OSMRE shall provide DMLR with a copy of any final evaluation report concerning State administration and enforcement of this Agreement.
</P>
<P>D. <I>Personnel:</I> DMLR shall provide the necessary personnel to fully implement this Agreement in accordance with the provisions of the Federal and State Acts and the State Program.
</P>
<P>E. <I>Equipment and Laboratories:</I> DMLR shall have access to equipment, laboratories, and facilities necessary to carry out inspections, investigations, studies, tests, and analyses necessary to implement this Agreement.
</P>
<P>F. <I>Permit Application Fees:</I> The amount of the fee accompanying an application for a permit shall be determined in accordance with the Virginia Coal Surface Mining Control and Reclamation Act of 1979 and 19 CV 45.1-235.(E). All permit fees, including fees for permits, permit revisions, renewals, transfers, sales or assignments, application fees, and civil penalties collected from operations on Federal lands covered by this agreement shall be retained by the State and deposited with the State Treasurer. The financial status report submitted pursuant to 30 CFR 735.26 shall include a report of the amount of the permit application and other fees collected and attributable to Federal lands during the prior Federal fiscal year. This amount shall be disposed of in accordance with Federal regulations and OMB Circular No. A-102 Attachment E. 
</P>
<HD1>Article VI: Review of Permit Application Package(s)
</HD1>
<P>A. <I>Permit Application Package:</I> DMLR shall require an operator proposing to conduct surface coal mining and reclamation operations on Federal lands covered by this Agreement to submit the appropriate permit application package (PAP) for a permit, permit revision, or permit renewal in an appropriate number of copies to DMLR. DMLR will furnish OSMRE a copy if OSMRE so requests. The permit application package shall be in the form required by DMLR and include any supplemental information required by the Federal land management agency. The PAP shall include the information required by, or necessary for, DMLR to make a determination of compliance with the State program and, under 30 CFR 740.4(c)(2), with any conditions or special requirements imposed by the Federal land management agency.
</P>
<P>As requested, OSMRE will assist DMLR in identifying Federal agencies which may be affected by the proposed mining operation.
</P>
<P>B. <I>Review Procedures:</I> 1. DMLR shall assume primary responsibility for the analysis, review, and approval or disapproval of PAPs for a permit, permit revision, or permit renewal for operations on Federal lands covered by this agreement. DMLR shall also assume primary responsibility for the review and analysis of applications for transfer, assignment or sale of permit rights required by 30 CFR 740.13 for surface coal mining operations on Federal lands covered by this agreement. DMLR shall be the primary point of contact for operators regarding PAPs and applications for the transfer, sale, or assignment of permit rights and will be responsible for informing the applicant of all joint State-Federal or Federal determinations.
</P>
<P>2. Upon receipt of PAP that involves surface coal mining and reclamation operations on lands covered by this Agreement, DMLR shall (a) transmit a copy of the complete PAP to the Federal land management agency with a request for review pursuant to 30 CFR 740.13(c)(4); (b) provide OSMRE with information necessary to allow OSMRE to determine whether or not a proposed surface coal mining and reclamation operation is prohibited or limited by the requirements of Section 522(e) of SMORA (30 U.S.C. 1272(e)) and 30 CFR part 761 and part 762; (c) determine whether leased Federal coal or Federal surface over unleased Federal coal is involved and immediately inform OSMRE in these situations; and (d) obtain, in a timely manner, the views and determinations of any other Federal agencies with jurisdiction or responsibility over Federal lands affected by a PAP in Virginia. These consultation comments shall be forwarded to OSMRE to be considered in any compatibility or valid existing rights determination; 
</P>
<P>3. OSMRE will provide technical assistance when requested, if available resources allow, and will process requests for determinations of compatibility and valid existing rights under 30 CFR part 761 and part 762. OSMRE will be responsible for ensuring that any information OSMRE receives from an applicant is promptly sent to DMLR. OSMRE shall have access to DMLR files concerning mines on Federal lands. The Secretary reserves the right to act independently of DMLR to carry out his responsibilities under laws other than SMORA. A copy of all correspondence with the applicant that may have a bearing on decisions regarding the PAP shall be sent to the State. 
</P>
<P>4. DMLR shall prepare the required technical analysis and written findings on the PAP. If requested by the Federal land management agency, a draft of these documents shall be sent to it for review and comment. 
</P>
<P>5. Any permit including permit revisions, renewals, transfers, sales, or assignments approved or issued by DMLR shall incorporate any terms or conditions imposed by OSMRE or the Federal land management agency, including conditions relating to post mining land use. After DMLR reaches a decision on a PAP, it shall send a notice to the applicant, the Federal land management agency, and OSMRE with a statement of all findings and conclusions on which the decision is based.
</P>
<HD1>Article VII: Inspections 
</HD1>
<P>A. <I>DMLR Authority:</I> DMLR shall be the point of contact and primary inspection authority in dealing with the operator concerning operations on lands covered by this Agreement, except as described in this Agreement and the Secretary's regulations. DMLR must conduct inspections on Federal lands covered by this agreement and shall, within 30 days of conducting an inspection on Federal lands, prepare and file with OSMRE a legible copy of the State's completed inspection report. Nothing in this Agreement shall prevent inspections by authorized Federal or State agencies. 
</P>
<P>B. <I>DOI Authority:</I> The Secretary reserves the right to conduct inspections without prior notice of DMLR to carry out his responsibilities under SMORA. For the purposes of evaluating the manner in which this Agreement is being carried out and to insure that performance and reclamation standards are being met, OSMRE may periodically conduct inspections of surface coal mining and reclamation operations on Federal lands. OSMRE will attempt to give DMLR notice of its intent to conduct inspections and encourage joint inspections. However, pursuant to 30 CFR part 842 or 30 CFR part 877, OSMRE may conduct an inspection without the State when responding to information that there exists any condition, practice, or violation which creates an imminent danger to the health or safety of the public or is causing or could reasonably be expected to cause a significant, imminent environmental harm to land, air, or water resources. If an inspection is make without DMLR inspectors, OSMRE shall provide DMLR with a copy of the inspection report within 15 days after inspection.
</P>
<HD1>Article VIII: Enforcement 
</HD1>
<P>A. <I>DMLR Enforcement:</I> DMLR shall have primary enforcement authority on Federal lands covered by this Agreement in accordance with the State Program and this Agreement, and DMLR shall take appropriate enforcement action whenever necessary, including issuance of orders of cessation and notices of violation.
</P>
<P>DMLR shall promptly notify the Federal land management agency of all violations of applicable laws, regulations, orders, and approved permits subject to this Agreement and of all actions taken with respect to such violations. 
</P>
<P>B. <I>Secretary's Authority:</I> (1) This Agreement does not affect or limit the Secretary's authority to enforce provisions of laws other than the SMORA. (2) During an inspection made solely by OSMRE or any joint inspection where DMLR and OSMRE fail to agree regarding the propriety of any particular enforcement action, OSMRE may take any enforcement action necessary to comply with 30 CFR parts 843 and 845 or with SMORA. Such enforcement action shall be based on the substantive standards included in the approved State Program and shall be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845. (3) Nothing in this agreement shall preclude the Secretary from performing his responsibilities in <I>Save Our Cumberland Mountains</I> v. <I>Hodel,</I> No. 81-2238 (D.D.C.). 
</P>
<P>C. <I>Witness Availability:</I> Personnel of the State and Interior shall be mutually available to serve as witnesses in enforcement actions taken by either party. 
</P>
<HD1>Article IX: Bonds 
</HD1>
<P>A. DMLR shall require all operators on Federal lands covered by this Agreement to submit a performance bond, payable to both the United States and Virginia. The performance bond shall be of sufficient amount to comply with the bonding requirements of both SMORA and the State Program. Such bond shall provide that if this Cooperative Agreement is terminated, (1) the bond will revert to being payable only to the United States to the extent that Federal lands are involved, and (2) the bond will be delivered by DMLR to OSMRE if only Federal lands are covered by the bond. The DMLR shall also advise OSMRE of adjustment to the performance bond, pursuant to the Program. 
</P>
<P>B. Release of the performance bond shall be conditioned upon compliance with all applicable requirements. Prior to releasing the operator from any obligation under such bond, the DMLR shall obtain the concurrence of the Federal land management agency. Such bond shall be subject to forfeiture, with the concurrence of OSMRE, in accordance with the procedures and requirements of the State Program 
</P>
<HD1>Article X: Filing of Appeals 
</HD1>
<P>Orders and decisions issued by DMLR in accordance with the State Program that are appealable shall be appealed to the Commonwealth of Virginia in accordance with the State Program. Orders and decisions issued by the Department that are appealable shall be appealed to the Department of the Interior's Office of Hearings and Appeals. 
</P>
<HD1>Article XI: Termination of Cooperative Agreement
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement
</HD1>
<P>If this Agreement has been terminated in whole or part, it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIV: Changes in State or Federal Standards
</HD1>
<P>A. <I>Notification of Changes:</I> The Secretary or the State may from time to time promulgate new Federal or State regulations, including new or revised permitting or performance standards, or administrative and enforcement procedures. OSMRE and DMLR shall immediately inform each other of any final changes in their respective laws or regulations as provided in 30 CFR part 732. Each party shall, if it is determined to be necessary to keep this Agreement in force, change or revise its regulations and request necessary legislative action. Such changes shall be made under the procedures of 30 CFR part 732 for changes to the State Program and section 501 of the SMORA for changes to the Federal lands program.
</P>
<P>B. <I>Copies of Changes:</I> The State and OSMRE shall provide each other with copies of any changes to their respective laws, rules, regulations, and standards pertaining to the administration and enforcement of this Agreement.
</P>
<HD1>Article XV: Changes in Personnel and Organization
</HD1>
<P>DMLR and the Secretary shall, consistent with 30 CFR part 745, advise each other of changes in the organization, structure, functions, duties, and funds of the offices, departments, divisions, and persons within their organizations which could affect administration and enforcement of this Agreement. Each shall promptly advise the other in writing of changes in key personnel, including the head of department or division, or changes in the functions or duties of persons occupying the principal offices within the structure of the program. DMLR and OSMRE shall advise each other in writing of changes in the location of offices, addresses, telephone numbers, and changes in the names, location, and telephone numbers of their respective mine inspectors and the area within the State for which such inspectors are responsible. This provision does not apply to Department of the Interior personnel performing activities under <I>Save Our Cumberland Mountains</I> v. <I>Hodel</I> referenced in Article VIII of this Agreement.
</P>
<HD1>Article XVI: Reservation of Rights
</HD1>
<P>In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under other laws or regulations, including but not limited to those listed in appendix A.
</P>
<P>Approved:
</P>
<P>Dated: March 18, 1987.
</P>
<P>Signed:
</P>
<FRP>Jerold L. Baliles,
</FRP>
<FRP><I>Governor of Virginia.</I>
</FRP>
<P>Dated: January 29, 1987.
</P>
<P>Signed:
</P>
<FRP>Donald Paul Hodel,
</FRP>
<FRP><I>Secretary of the Interior.</I></FRP></EXTRACT>
<APPRO TYPE="N">(Reporting and recordkeeping requirements approved by the Office of Management and Budget under control numbers 1029-0013, 1029-0026, and 1029-0051) 
</APPRO>
<EXTRACT>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations including 43 CFR parts 3480-3487.
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500.
</P>
<P>4. The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402.
</P>
<P>5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800.
</P>
<P>6. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations.
</P>
<P>7. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations.
</P>
<P>8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations.
</P>
<P>9. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I>
</P>
<P>10. Executive Order 1593 (May 13, 1971), Cultural Resources Inventories on Federal Lands.
</P>
<P>11. Executive Order 11988 (May 24, 1977), for flood plain protection. Executive Order 11990 (May 24, 1977), for wetlands protection.
</P>
<P>12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations.
</P>
<P>13. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa <I>et seq.</I>
</P>
<P>14. The Constitution of the United States.
</P>
<P>15. The Constitution of the State and State Law.</P></EXTRACT>
<CITA TYPE="N">[52 FR 11049, Apr. 7, 1987] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="947" NODE="30:3.0.1.18.114" TYPE="PART">
<HEAD>PART 947—WASHINGTON
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 7883, Feb. 24, 1983, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 947.700" NODE="30:3.0.1.18.114.0.1.1" TYPE="SECTION">
<HEAD>§ 947.700   Washington Federal program.</HEAD>
<P>(a) This part contains all rules that are applicable to surface coal mining operations in Washington which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<P>(b) Most of the rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Washington Federal program.
</P>
<P>(c) The rules in this part apply to all surface coal mining operations in Washington conducted on non-Federal and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in Washington.
</P>
<P>(d) The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually.
</P>
<P>(e) The following provisions of Washington laws generally provide for more stringent environmental control and regulation of some aspects of surface coal mining operations than do the provisions of the Surface Mining Control and Reclamation Act and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, they shall not generally be construed to be inconsistent with the Act, unless in a particular instance the rules in this Chapter are found by OSM to establish more stringent environmental controls:
</P>
<P>(1) Washington Clean Air Act, RCW 70.94.
</P>
<P>(2) Washington Food Fish and Shell Fish Laws pertaining to the Department of Fisheries on operation in streams, RCW 75.
</P>
<P>(3) Washington Hydraulic Projects Approval Law, RCW 75.20.100.
</P>
<P>(4) Washington Forest Practices Act, RCW 76.09.
</P>
<P>(5) Washington Water Code, RCW 90.03.
</P>
<P>(6) Washington Water Pollution Control Act, RCW 90.48.
</P>
<P>(7) Washington Minimum Water Flows and Levels Act, RCW 90.22.
</P>
<P>(8) Washington Shoreline Management Act, RCW 90.58.
</P>
<P>(9) Washington Pesticide Control Act, RCW 15.58.
</P>
<P>(f) The following are the Washington law and regulations that generally interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and superseded. Other Washington laws may in an individual situation interfere with the purposes and achievements of the Act and may be preempted and superseded with respect to the performance standards of §§ 947.815 through 947.828 as they affect a particular coal exploration or surface mining operation by publication of a notice to that effect in the <E T="04">Federal Register.</E>
</P>
<P>(1) The Washington Surface Mining Act of 1971, Revised Code of Washington (RCW) 78.44, as related to surface coal mining, except to the extent that it regulates surface coal mining operations which affect two acres or less or which otherwise are not regulated by the Surface Mining Control and Reclamation Act.
</P>
<P>(2) Surface Mined Land Reclamation regulations, Washington Administrative Code (WAC) 332-18, as they apply to surface coal mining, except to the extent that such regulations apply to surface coal mining operations which affect two acres or less or which otherwise are not regulated by the Surface Mining Control and Reclamation Act.
</P>
<P>(g) The Secretary may grant a limited variance from the performance standards of §§ 947.815 through 947.828 of this part if the applicant for coal exploration approval or a surface coal mining reclamation permit submitted pursuant to §§ 947.772 through 947.785 of this part demonstrates in the application: 
</P>
<P>(1) That such a variance is necessary because of the nature of the terrain, climate, biological, chemical, or other relevant physical conditions in the area of the mine; and 
</P>
<P>(2) If applicable, that the proposed variance is no less effective than the environmental protection requirements of the regulations in this program and is consistent with the Act.
</P>
<CITA TYPE="N">[48 FR 7883, Feb. 24, 1983, as amended at 52 FR 13815, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 947.701" NODE="30:3.0.1.18.114.0.1.2" TYPE="SECTION">
<HEAD>§ 947.701   General.</HEAD>
<P>(a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15, and part 701 of this chapter shall apply to surface coal mining operations in Washington.
</P>
<P>(b) The following modified definitions shall be applicable under § 701.5 of this chapter:
</P>
<P>(1) <I>Arid and semiarid area</I> means, in the context of alluvial valley floors, an area of the interior western United States, west of the 100th meridian west longitude, experiencing water deficits, where water use by native vegetation equals or exceeds that supplied by precipitation. All coalfields located in North Dakota west of the 100th meridian west longitude, all coalfields in Montana, Wyoming, Utah, Colorado, New Mexico, Idaho, Nevada, and Arizona, the Eagle Pass field in Texas, and the Stone Canyon and the Ione fields in California are in arid and semiarid areas, except that all coalfields located in the State of Washington west of the crest of the Cascade Mountain Range are not in arid or semiarid areas.
</P>
<P>(2) <I>Forestry (Forest Land).</I> Includes land used or managed for the long-term production of wood, wood fiber, or wood derived products. All land which is capable of supporting a merchantable stand of timber and is not being actively used in a manner or for a use which is incompatible with timber growing is also included. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.
</P>
<P>(c) Records required by § 701.14 of this chapter to be made available locally to the public shall be retained at the county recorder's office of the county in which an operation is located, and at the nearest OSM Field Office.
</P>
<CITA TYPE="N">[48 FR 7883, Feb. 24, 1983, as amended at 48 FR 22292, May 18, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 947.702" NODE="30:3.0.1.18.114.0.1.3" TYPE="SECTION">
<HEAD>§ 947.702   Exemption for coal extraction incidental to the extraction of other minerals.</HEAD>
<P>Part 702 of this chapter, <I>Exemption for Coal Extraction Incidental to the Extraction of Other Minerals,</I> shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale.
</P>
<CITA TYPE="N">[54 FR 52123, Dec. 20, 1989]


</CITA>
</DIV8>


<DIV8 N="§ 947.707" NODE="30:3.0.1.18.114.0.1.4" TYPE="SECTION">
<HEAD>§ 947.707   Exemption for coal extraction incident to government-financed highway or other construction.</HEAD>
<P>Part 707 of this chapter, <I>Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 947.761" NODE="30:3.0.1.18.114.0.1.5" TYPE="SECTION">
<HEAD>§ 947.761   Areas designated unsuitable for surface coal mining by act of Congress.</HEAD>
<P>Part 761 of this chapter, <I>Areas Designated by Act of Congress,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 947.762" NODE="30:3.0.1.18.114.0.1.6" TYPE="SECTION">
<HEAD>§ 947.762   Criteria for designating areas as unsuitable for surface coal mining operations.</HEAD>
<P>Part 762 of this chapter, <I>Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> shall apply to surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 947.764" NODE="30:3.0.1.18.114.0.1.7" TYPE="SECTION">
<HEAD>§ 947.764   Process for designating areas unsuitable for surface coal mining operations.</HEAD>
<P>(a) Part 764 of this chapter, <I>State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,</I> pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities shall apply to surface coal mining and reclamation operations.
</P>
<P>(b) The Secretary shall notify the Washington Department of Natural Resources and the Department of Ecology of any area designated unsuitable or for which such designation has been requested or terminated.


</P>
</DIV8>


<DIV8 N="§ 947.772" NODE="30:3.0.1.18.114.0.1.8" TYPE="SECTION">
<HEAD>§ 947.772   Requirements for coal exploration.</HEAD>
<P>(a) Part 772 of this chapter, <I>Requirements for Coal Exploration,</I> shall apply to any person who conducts or seeks to conduct coal exploration operations.
</P>
<P>(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<CITA TYPE="N">[52 FR 13816, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 947.773" NODE="30:3.0.1.18.114.0.1.9" TYPE="SECTION">
<HEAD>§ 947.773   Requirements for permits and permit processing.</HEAD>
<P>(a) Part 773 of this chapter, <I>Requirements for Permits and Permit Processing,</I> shall apply to any person who applies for a permit for surface coal mining and reclamation operations.
</P>
<P>(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
</P>
<P>(1) Any person applying for a permit shall submit five copies of the application to the Office.
</P>
<P>(2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may:
</P>
<P>(i) Reject a flagrantly deficient application, notifying the application of the findings:
</P>
<P>(ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or
</P>
<P>(iii) Judge the application administratively complete and acceptable for further review.
</P>
<P>(3) Should the applicant not submit the information as required by § 947.773(b)(2)(ii) by the specified date, the Office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability.
</P>
<P>(4) When the applicant is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter.
</P>
<P>(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags.
</P>
<P>(c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act.
</P>
<P>(d) The Secretary shall coordinate, to the extent practicable, his responsibilities under the following Federal laws with the relevant Washington State laws to avoid duplication:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Federal law 
</TH><TH class="gpotbl_colhed" scope="col">Washington law
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Clean Water Act, as amended 33 U.S.C. 1251 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">Water Pollution Control Act, Chapter 90.48 RCW
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Clean Air Act, as amended 42 U.S.C. 7401 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">Washington Clean Air Act, Chapter 70.94 RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Resource Conservation and Recovery Act, 42 U.S.C. 3251</TD><TD align="left" class="gpotbl_cell">Solid Waste Management, Chapter 70.95 RCW: Hazardous Waste Disposal Act, Chapter 70.105 RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) National Historic Preservation Act, RCW, 16 U.S.C. 470 <E T="03">et seq.</E></TD><TD align="left" class="gpotbl_cell">Indian Graves and Records, Chapter 27.44.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(5) Archeological and Historic Preservation Act, 16 U.S.C. 469 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">Archeological Sites and Resources, Chapter 27.53 RCW, Office of Archeology and Historic Preservation, Chapter 43.51A, RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(6) National Environmental Policy 42 U.S.C. 4321 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">State Environmental Policy Act, Chapter 43.21C RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(7) Coastal Zone Management Act 16 U.S.C. 1451, 1453-1464</TD><TD align="left" class="gpotbl_cell">Shoreline Management Act, Chapter 90.58, RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(8) Section 208 of the Clean Water Act, as amended, 33 U.S.C. 1251 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">Water Pollution Control Act, Chapter 90.48 RCW: Washington Forest Practices Act, Chapter 76.09 RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(9) Endangered Species Act, 16 U.S.C. 1531 <E T="03">et seq</E></TD><TD align="left" class="gpotbl_cell">Natural Area Preserves Act (Plants), Chapter 79.70, RCW: Department of Game, Chapter 43.17 RCW: Game Commission, Chapter 77.08, RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(10) Fish and Wildlife Coordination Act 16 U.S.C. 661-667</TD><TD align="left" class="gpotbl_cell">Water Resources Act of 1971, Chapter 90.54 RCW: Minimum Water Flows and Levels, Chapter 90.22 RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(11) Noise Control Act, 42 U.S.C. 4903</TD><TD align="left" class="gpotbl_cell">Noise Control Act of 1974, Chapter 70.107 RCW.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(12) Bald Eagle Protection Act 16 U.S.C. 668-668(d)</TD><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(e) The Secretary shall coordinate the SMCRA permit with appropriate State and regional or local agencies to the extent possible, to avoid duplication with the following state and regional or local regulations:
</P>
<P>(1) Department of Ecology:
</P>
<EXTRACT>
<FP-1>Surface Water Rights Permit, RCW 90.03.250
</FP-1>
<FP-1>Dam Safety Approval, RCW 90.03.350
</FP-1>
<FP-1>Reservoir Permit, RCW 90.03.370
</FP-1>
<FP-1>Approval of Change of Place or Purpose of Use (water) RCW 90.03.380
</FP-1>
<FP-1>Ground Water Permit, RCW 90.44.050
</FP-1>
<FP-1>New Source Construction Approval, RCW 79.94.152
</FP-1>
<FP-1>Burning Permit, RCW 70.94.650
</FP-1>
<FP-1>Flood Control Zone Permit, RCW 86.16.080
</FP-1>
<FP-1>Waste Discharge Permit, RCW 90.48.180
</FP-1>
<FP-1>National Pollution Discharge Elimination System (NPDES) Permit, RCW 90.48
</FP-1>
<FP-1>Approval of Change of Point of Diversion, RCW 90.03.380
</FP-1>
<FP-1>Sewage Facilities Approval, RCW 90.48.110
</FP-1>
<FP-1>Water Quality Certification, RCW 90.48.160</FP-1></EXTRACT>
<P>(2) Department of Natural Resources:
</P>
<EXTRACT>
<FP-1>Burning Permit, RCW 77.04.150 &amp; .170
</FP-1>
<FP-1>Dumping Permit, RCW 76.04.242
</FP-1>
<FP-1>Operating Permit for Machinery, RCW 76.04.275
</FP-1>
<FP-1>Cutting Permit, RCW 76.08.030
</FP-1>
<FP-1>Forest Practices, RCW 76.09.060
</FP-1>
<FP-1>Right of Way Clearing, RCW 76.04.310
</FP-1>
<FP-1>Drilling Permit, RCW 78.52.120</FP-1></EXTRACT>
<P>(3) Regional Air Pollution Control Agencies:
</P>
<EXTRACT>
<FP-1>New Source Construction Approval (RCW 70.94.152)
</FP-1>
<FP-1>Burning Permit, RCW 70.94.650</FP-1></EXTRACT>
<P>(4) Department of Fisheries:
</P>
<EXTRACT>
<FP-1>Hydraulic Permit, RCW 75.20</FP-1></EXTRACT>
<P>(5) Department of Game:
</P>
<EXTRACT>
<FP-1>Hydraulic Permit, RCW 75.20.100</FP-1></EXTRACT>
<P>(6) Department of Social Health Services:
</P>
<EXTRACT>
<FP-1>Public Sewage, WAC 248.92
</FP-1>
<FP-1>Public Water Supply, WAC 248.54</FP-1></EXTRACT>
<P>(7) Department of Labor and Industries:
</P>
<EXTRACT>
<FP-1>Explosive license, RCW 70.74.135
</FP-1>
<FP-1>Blaster's license, WAC 296.52.040
</FP-1>
<FP-1>Purchaser's license, WAC 296.52.220
</FP-1>
<FP-1>Storage Magazine license, WAC 296.52.170</FP-1></EXTRACT>
<P>(8) Cities and Counties:
</P>
<EXTRACT>
<FP-1>New Source Construction Approval. RCW 70.94.152
</FP-1>
<FP-1>Burning Permit, RCW 79.94.650
</FP-1>
<FP-1>Shoreline Substantial Development Permit, RCW 90.58.140
</FP-1>
<FP-1>Zoning and Building Permits, Local Ordinances</FP-1></EXTRACT>
<P>(f) Where applicable, no person shall conduct coal exploration operations which result in the removal of more than 250 tons in one location or surface coal mining and reclamation operations without first obtaining permits required by the State of Washington.
</P>
<P>(g) The Secretary shall provide a copy of the decision to grant or deny a permit application to the Washington Department of Natural Resources, the Department of Ecology and to the County Department of Planning, if any, in which the operation is located.
</P>
<CITA TYPE="N">[52 FR 13816, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 947.774" NODE="30:3.0.1.18.114.0.1.10" TYPE="SECTION">
<HEAD>§ 947.774   Revision; renewal; and transfer, assignment, or sale of permit rights.</HEAD>
<P>(a) Part 774 of this chapter, <I>Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights,</I> shall apply to any such actions involving surface coal mining and reclamation operations permits.
</P>
<P>(b) Any revision to the approved permit will be subject to review and approval by OSMRE.
</P>
<P>(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775.
</P>
<P>(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed.
</P>
<P>(c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later.
</P>
<CITA TYPE="N">[52 FR 13817, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 947.775" NODE="30:3.0.1.18.114.0.1.11" TYPE="SECTION">
<HEAD>§ 947.775   Administrative and judicial review of decisions.</HEAD>
<P>Part 775 of this chapter, <I>Administrative and Judicial Review of Decisions,</I> shall apply to all decisions on permits.
</P>
<CITA TYPE="N">[52 FR 13817, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 947.777" NODE="30:3.0.1.18.114.0.1.12" TYPE="SECTION">
<HEAD>§ 947.777   General content requirements for permit applications.</HEAD>
<P>Part 777 of this chapter, <I>General Content Requirements for Permit Applications,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13817, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 947.778" NODE="30:3.0.1.18.114.0.1.13" TYPE="SECTION">
<HEAD>§ 947.778   Permit applications—minimum requirements for legal, financial, compliance, and related information.</HEAD>
<P>Part 778 of this chapter, <I>Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information,</I> shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[52 FR 13817, Apr. 24, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 947.779" NODE="30:3.0.1.18.114.0.1.14" TYPE="SECTION">
<HEAD>§ 947.779   Surface mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 779 of this chapter, <I>Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 947.780" NODE="30:3.0.1.18.114.0.1.15" TYPE="SECTION">
<HEAD>§ 947.780   Surface mining permit application—minimum requirements for reclamation and operation plan.</HEAD>
<P>(a) Part 780 of this chapter, <I>Surface Mining Permit Application—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct surface coal mining and reclamation operations, except for § 780.15(a) of that part.
</P>
<P>(b) Any applicant for a surface coal mining permit which is to produce more than 1,000,000 tons per year shall demonstrate compliance with local Air Pollution Control Authorities and the Washington Clean Air Act, RCW 70.94.
</P>
<P>(c) Any applicant for a surface mining permit shall describe the steps taken to comply with the Washington Water Pollution Control Act, RCW 90.48.
</P>
<CITA TYPE="N">[48 FR 7883, Feb. 24, 1983, as amended at 48 FR 22292, May 18, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 947.783" NODE="30:3.0.1.18.114.0.1.16" TYPE="SECTION">
<HEAD>§ 947.783   Underground mining permit applications—minimum requirements for information on environmental resources.</HEAD>
<P>Part 783 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,</I> shall apply to any person who submits an application to conduct underground coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 947.784" NODE="30:3.0.1.18.114.0.1.17" TYPE="SECTION">
<HEAD>§ 947.784   Underground mining permit applications—minimum requirements for reclamation and operation plan.</HEAD>
<P>(a) Part 784 of this chapter, <I>Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,</I> shall apply to any person who makes application to conduct underground coal mining operations.
</P>
<P>(b) Any application for an underground mining permit which will produce more than 1,000,000 tons per year shall demonstrate specific compliance with local Air Pollution Control Authorities and the Washington Clean Air Act, RCW 70.94.
</P>
<P>(c) Any applicant for an underground mining permit shall also indicate how compliance will be achieved with the Washington Water Pollution Control Act, RCW 90.48.


</P>
</DIV8>


<DIV8 N="§ 947.785" NODE="30:3.0.1.18.114.0.1.18" TYPE="SECTION">
<HEAD>§ 947.785   Requirements for permits for special categories of mining.</HEAD>
<P>Part 785 of this chapter, <I>Requirements for Permits for Special Categories of Mining,</I> shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein.


</P>
</DIV8>


<DIV8 N="§ 947.795" NODE="30:3.0.1.18.114.0.1.19" TYPE="SECTION">
<HEAD>§ 947.795   Small operator assistance.</HEAD>
<P>Part 795 of this chapter, <I>Small Operator Assistance,</I> shall apply to any person making application for assistance under the small operator assistance program.


</P>
</DIV8>


<DIV8 N="§ 947.800" NODE="30:3.0.1.18.114.0.1.20" TYPE="SECTION">
<HEAD>§ 947.800   Requirements for bonding of surface coal mining and reclamation operations.</HEAD>
<P>Part 800 of this chapter, <I>Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs,</I> shall apply to all surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 947.815" NODE="30:3.0.1.18.114.0.1.21" TYPE="SECTION">
<HEAD>§ 947.815   Performance standards—coal exploration.</HEAD>
<P>(a) Part 815 of this chapter, <I>Permanent Program Performance Standards—Coal Exploration,</I> shall apply to any person conducting coal exploration operations.
</P>
<P>(b) Any person who conducts coal exploration operations shall comply with the Washington Forest Practices Act, RCW 76.09, and regulations promulgated pursuant to it.


</P>
</DIV8>


<DIV8 N="§ 947.816" NODE="30:3.0.1.18.114.0.1.22" TYPE="SECTION">
<HEAD>§ 947.816   Performance standards—surface mining activities.</HEAD>
<P>(a) Part 816 of this chapter, <I>Permanent Program Performance Standards—Surface Mining Activities,</I> shall apply to any person who conducts surface coal mining and reclamation operations.
</P>
<P>(b) All operators shall have a plan of reclamation approved by the Washington Department of Fisheries for operation in affected streams, RCW 75, and shall comply with the Hydraulic Project Approval Law, RCW 75.20.100, the Shoreline Management Act, RCW 90.58, the Forest Practices Act, RCW 76.09, the Water Pollution Control Act, RCW 90.48, the Minimum Water Flows and Levels Act, RCW 90.22, and the Pesticide Control Act, RCW 15.58, and regulations promulgated pursuant to these laws. 


</P>
</DIV8>


<DIV8 N="§ 947.817" NODE="30:3.0.1.18.114.0.1.23" TYPE="SECTION">
<HEAD>§ 947.817   Performance standards—underground mining activities.</HEAD>
<P>(a) Part 817 of this chapter, <I>Permanent Program Performance Standards—Underground Mining Activities,</I> shall apply to any person who conducts underground coal mining operations.
</P>
<P>(b) All operators shall have a plan of reclamation approved by the Washington Department of Fisheries for operation in affected streams, RCW 75, and shall comply with the Hydraulic Project Approval Law, RCW 75.20.100, the Shoreline Management Act, RCW 90.58, the Forest Practices Act, RCW, 76.09, the Water Pollution Control Act, RCW 90.48, the Minimum Water Flows and Levels Act, RCW 90.22, the Pesticide Control Act, RCW 15.58, and the Washington Water Code, RCW 90.03, and regulations promulgated pursuant to these laws. 


</P>
</DIV8>


<DIV8 N="§ 947.819" NODE="30:3.0.1.18.114.0.1.24" TYPE="SECTION">
<HEAD>§ 947.819   Special performance standards—auger mining.</HEAD>
<P>Part 819 of this chapter, <I>Special Permanent Program Performance Standards—Auger Mining,</I> shall apply to any person who conducts surface coal mining operations which include auger mining.


</P>
</DIV8>


<DIV8 N="§ 947.822" NODE="30:3.0.1.18.114.0.1.25" TYPE="SECTION">
<HEAD>§ 947.822   Special performance standards—operations on alluvial valley floors.</HEAD>
<P>Part 822 of this chapter, <I>Special Performance Standards—Operations on Alluvial Valley Floors,</I> shall apply to any person who conducts surface coal mining and reclamation operations on alluvial valley floors, except in those coalfields in Washington west of the crest of the Cascade Mountain Range.
</P>
<CITA TYPE="N">[48 FR 22292, May 18, 1983] 


</CITA>
</DIV8>


<DIV8 N="§ 947.823" NODE="30:3.0.1.18.114.0.1.26" TYPE="SECTION">
<HEAD>§ 947.823   Special performance standards—operations on prime farmland.</HEAD>
<P>Part 823 of this chapter, <I>Special Permanent Program Performance Standards—Operations on Prime Farmland,</I> shall apply to any person who conducts surface coal mining and reclamation operations on prime farmland.


</P>
</DIV8>


<DIV8 N="§ 947.824" NODE="30:3.0.1.18.114.0.1.27" TYPE="SECTION">
<HEAD>§ 947.824   Special performance standards—mountaintop removal.</HEAD>
<P>Part 824 of this chapter, <I>Special Permanent Program Performance Standards—Mountaintop Removal,</I> shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining.


</P>
</DIV8>


<DIV8 N="§ 947.827" NODE="30:3.0.1.18.114.0.1.28" TYPE="SECTION">
<HEAD>§ 947.827   Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine.</HEAD>
<P>Part 827 of this chapter, <I>Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine,</I> shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of coal processing plants and support facilities not located at or near the minesite and not within the permit area for a mine.


</P>
</DIV8>


<DIV8 N="§ 947.828" NODE="30:3.0.1.18.114.0.1.29" TYPE="SECTION">
<HEAD>§ 947.828   Special performance standards—in situ processing.</HEAD>
<P>Part 828 of this chapter, <I>Special Permanent Program Performance Standards—In Situ Processing,</I> shall apply to any person who conducts in situ processing activities.


</P>
</DIV8>


<DIV8 N="§ 947.842" NODE="30:3.0.1.18.114.0.1.30" TYPE="SECTION">
<HEAD>§ 947.842   Federal inspections.</HEAD>
<P>(a) Part 842 of this chapter, <I>Federal Inspections,</I> shall apply to all exploration and surface coal mining and reclamation operations.
</P>
<P>(b) Upon request OSM shall furnish a copy of any inspection report to the Washington Department of Natural Resources and the Department of Ecology. If there is a planning department in the county government where the operation is located, a copy of the enforcement action shall be furnished to that agency.


</P>
</DIV8>


<DIV8 N="§ 947.843" NODE="30:3.0.1.18.114.0.1.31" TYPE="SECTION">
<HEAD>§ 947.843   Federal enforcement.</HEAD>
<P>(a) Part 843 of this chapter, <I>Federal Enforcement,</I> shall apply when enforcement action is required for violations on surface coal mining and reclamation operations.
</P>
<P>(b) Upon request OSM shall furnish a copy of each enforcement action document and order to show cause issued pursuant to this section to the Washington Department of Natural Resources and the Department of Ecology. If there is a planning department in the county government where the operation is located, a copy of the enforcement action shall be furnished to that agency.


</P>
</DIV8>


<DIV8 N="§ 947.845" NODE="30:3.0.1.18.114.0.1.32" TYPE="SECTION">
<HEAD>§ 947.845   Civil penalties.</HEAD>
<P>Part 845 of this chapter, <I>Civil Penalties,</I> shall apply when civil penalties are assessed for violations on surface coal mining and reclamation operations.


</P>
</DIV8>


<DIV8 N="§ 947.846" NODE="30:3.0.1.18.114.0.1.33" TYPE="SECTION">
<HEAD>§ 947.846   Individual civil penalties.</HEAD>
<P>Part 846 of this chapter, <I>Individual Civil Penalties,</I> shall apply to the assessment of individual civil penalties under section 518(f) of the Act.
</P>
<CITA TYPE="N">[53 FR 3676, Feb. 8, 1988]


</CITA>
</DIV8>


<DIV8 N="§ 947.955" NODE="30:3.0.1.18.114.0.1.34" TYPE="SECTION">
<HEAD>§ 947.955   Certification of blasters.</HEAD>
<P>Part 955 of this chapter, <I>Certification of Blasters in Federal Program States and on Indian Lands,</I> shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations.
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="948" NODE="30:3.0.1.18.115" TYPE="PART">
<HEAD>PART 948—WEST VIRGINIA
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 948.1" NODE="30:3.0.1.18.115.0.1.1" TYPE="SECTION">
<HEAD>§ 948.1   Scope.</HEAD>
<P>This part contains all rules applicable only within West Virginia that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<CITA TYPE="N">[46 FR 5954, Jan. 21, 1981]


</CITA>
</DIV8>


<DIV8 N="§ 948.10" NODE="30:3.0.1.18.115.0.1.2" TYPE="SECTION">
<HEAD>§ 948.10   State regulatory program approval.</HEAD>
<P>The West Virginia program, as submitted on March 3, 1980, as clarified on July 16, 1980, and as resubmitted on December 19, 1980, is conditionally approved, effective January 21, 1981. Beginning on that date and continuing until July 11, 1985, the Department of Natural Resources was deemed the regulatory authority in West Virginia for all surface coal mining and reclamation operations and all exploration operations on non-Federal and non-Indian lands. Beginning on July 11, 1985, the Department of Energy was deemed the regulatory authority pursuant to the program transfer provisions of Enrolled Committee Substitute for House Bill 1850, as signed by the Governor of West Virginia on May 3, 1985. Beginning on October 16, 1991, the Division of Environmental Protection was deemed the regulatory authority pursuant to Enrolled Committee Substitute for House Bill 217 that was signed by the Governor on October 25, 1991. On December 3, 1991, OSM found that it was not necessary to amend the State program to effect the redesignation of the regulatory authority from the Division of Energy to the Division of Environmental Protection (58 FR 42904, August 12, 1993). Beginning on April 14, 2001, the Department of Environmental Protection was deemed the regulatory authority pursuant to Enrolled Committee Substitute for House Bill 2218. The bill, which was signed by the Governor on April 30, 2001, transferred programs and redesignated the Division of Environmental Protection as the Department of Environmental Protection within the executive branch. Copies of the conditionally approved program, as amended, are available at: 
</P>
<P>(a) Office of Surface Mining, Charleston Field Office, 1027 Virginia Street East, Charleston, West Virginia 25301-2816. Telephone: (304) 347-7158. 
</P>
<P>(b) West Virginia Department of Environmental Protection, Division of Mining and Reclamation, 10 McJunkin Road, Nitro, West Virginia 25143-2506. Telephone: (304) 759-0510.
</P>
<CITA TYPE="N">[66 FR 67453, Dec. 28, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 948.12" NODE="30:3.0.1.18.115.0.1.3" TYPE="SECTION">
<HEAD>§ 948.12   State statutory, regulatory, and proposed program amendment provisions not approved.</HEAD>
<P>(a) We are not approving the following provisions of the proposed program amendment that West Virginia submitted on May 11, 1998: 
</P>
<P>(1) CSR 38-2-3.14, to the extent that it could be interpreted as applying to the on-site reprocessing of abandoned coal mine waste piles or to the extent that it would apply to the removal of abandoned coal refuse piles where, on average, the material to be removed meets the definition of coal in 30 CFR 700.5. 
</P>
<P>(2) CSR 38-2-3.32.g., which concerns unanticipated events or conditions. 
</P>
<P>(3) CSR 38-2-14.14.a.1., which concerns placement of excess spoil outside the permit area. 
</P>
<P>(4) CSR 38-2-23, which concerns coal extraction as part of land development activities. 
</P>
<P>(5) CSR 38-2-24.4, which concerns water quality standards for bond release. 
</P>
<P>(b) We are not approving the following provisions of the proposed program amendment that West Virginia submitted on March 14, 2000, March 28, 2000, and April 6, 2000: 
</P>
<P>(1) The proviso at W.Va. Code 22-3-23(c)(2)(C) which concerns Phase III bond release where the quality of the untreated postmining water discharged is better than or equal to the premining water quality discharged from the mining site. 
</P>
<P>(2) At CSR 38-2-7.4.b.1.C.5., the phrase, “except for ponds and impoundments located below the valley fills.” 
</P>
<P>(3) At CSR 38-2-7.4.b.1.D.2, the phrase, “except for those areas with a slope of at least 50%.” 
</P>
<P>(4) At CSR 38-2-7.4.b.1.G.1., the word “excessive.” 
</P>
<P>(5) At CSR 38-2-7.4.b.1.I., the new stocking standards for commercial forestry and forestry. 
</P>
<P>(6) At CSR 38-2-7.4.b.1.I.2., the phrase, “where there is potential for excessive erosion on slopes greater than 20%.” 
</P>
<P>(7) At CSR 38-2-7.4.b.1.I.2., the words “rock cover.” 
</P>
<P>(8) At CSR 38-2-7.4.b.1.I.3., the phrase “or, if a commercial forestry mitigation plan is submitted to the Director, and approved and completed.” 
</P>
<P>(9) The portion of CSR 38-2-7.4.b.1.I.4. concerning in-kind mitigation plans. 
</P>
<P>(10) At CSR 38-2-14.12.a.1., the term “commercial forestry.”
</P>
<P>(c) We are not approving the following provisions of the proposed program amendment that West Virginia submitted on March 14, 2000, March 28, 2000, and April 6, 2000: 
</P>
<P>(1) At CSR 38-2-7.5.j.3.B., the phrase, “except for those areas with a slope of at least 50%” is not approved, and the phrase, “and other areas from which the applicant affirmatively demonstrates and the Director of the WVDEP finds that soil cannot reasonably be recovered” is not approved. 
</P>
<P>(2) At CSR 38-2-7.5.j.6.A., the word “excessive” in the phrase “excessive erosion” is not approved. 
</P>
<P>(3) At CSR 38-2-7.5.o.2., the new planting arrangements and stocking standards are not approved. 
</P>
<P>(4) At CSR 38-2-7.5.o.2., the words “rock cover” are not approved. 
</P>
<P>(d) We are not approving the following provision of the proposed blasting-related program amendment that West Virginia submitted on October 30, 2000, and November 28, 2001: At CSR 199-1-4.8.c, the phrase “substantial or significant” is not approved.
</P>
<P>(e) Section 22A-3-23(c)(3) of the Code of West Virginia is found inconsistent with Section 519(c)(3) of SMCRA to the extent that it states: <I>“Provided, however,</I> That such a release may be made where the quality of the untreated postmining water discharged is better than or equal to the premining water quality discharged from the mining site.”
</P>
<P>(f) Section 22A-3-12(e) of the Code of West Virginia is found inconsistent with Section 515(e) of SMCRA.
</P>
<P>(g) [Reserved]
</P>
<P>(h) We are not approving the following provisions of the proposed program amendment that West Virginia submitted on March 25, 2004:
</P>
<P>(1) At CSR 38-2-7.6.e.1, the word “excessive.”
</P>
<P>(2) At CSR 38-2-7.7.e.1, the word “excessive.”
</P>
<P>(i) We are removing and reserving paragraph (i) for the following reasons:
</P>
<P>(1) We are removing and reserving subparagraph (1) of paragraph (i) since the words “Impoundments meeting” have been removed from CSR 38-2-5.4.e.1.
</P>
<P>(2) We are removing and reserving subparagraph (2) of paragraph (i) since CSR 38-2-7.4.b.1.J.1(C) has been reinserted in the State regulations.
</P>
<P>(j) We are not approving the following provisions of the proposed West Virginia program amendment dated April 8, 2008, and received electronically on April 17, 2008:
</P>
<P>(1) At CSR 199-1-2.27 regarding other structure, the last sentence which provides that, “The term does not include structures owned, operated, or built by the permittee for the purpose of carrying out surface mining operations.”
</P>
<P>(2) At CSR 199-1-2.36 regarding structure, the last sentence which provides that, “The term does not include structures built and/or utilized for the purpose of carrying out the surface mining operation.”
</P>
<P>(3) At CSR 38-2-2.119 regarding structure, the last sentence which provides that, “The term does not include structures built and/or utilized for the purpose of carrying out the surface mining operation.”
</P>
<P>(4) At CSR 38-2-6.5.h, we are not approving its deletion because the deletion of CSR 38-2-6.5.h would make CSR 199-1-3.6.g and 3.11 less effective than the Federal blasting requirements.
</P>
<P>(k) We are not approving the proposed incidental boundary revision (IBR) regulation clause at subparagraph 3.29.b.2 which reads, “and other mining operations including but not limited to loadout operations, coal refuse disposal operations and coal preparation operations” that was submitted in the State program amendment dated May 11, 2009.
</P>
<P>(l) We are not approving the following provisions of the proposed West Virginia program amendments dated May 2, 2018:
</P>
<P>(1) At W.Va. Code 22-3-9, revisions substituting notice by newspaper with notice in a form and manner determined by the Secretary which may be electronic.
</P>
<P>(2) At W.Va. Code 22-3-20, revisions substituting notice by newspaper with notice in a form and manner determined by the Secretary which may be electronic.
</P>
<P>(3) At CSR 38-2-2.37, the removal of the definition “completion of reclamation”.
</P>
<P>(4) At CSR 38-2-12.2.d., the elimination to the existing prohibition on bond release for any site specific bonding (<I>i.e.,</I> open-acre bonding) until all coal extraction is completed and the disturbed area is completely backfilled and regraded.
</P>
<P>(5) At CSR 38-2-12.2.e., to restructure and revise existing approved language in this section and move it to CSR 38-2-12.2.a.4.
</P>
<P>(6) At CSR 38-2-12.2.f., to move, unchanged, this existing language to CSR 38-2-12.2.d.
</P>
<P>(7) At CSR 38-2-12.2.g., to move, unchanged, this existing language to CSR 38-2-12.2.f.
</P>
<P>(8) At CSR 38-2-12.2.h., to renumber existing CSR 38-2-12.2.h to 12.2.i. and to insert it as a new CSR 38-2-12.2.h.
</P>
<P>(9) At CSR 38-2-12.4.c., to eliminate an existing 180 day window for initiating reclamation operations to reclaim the site in accordance with the approved reclamation plan or modification thereof.
</P>
<P>(10) [Reserved]
</P>
<CITA TYPE="N">[48 FR 52053, Nov. 16, 1983, as amended at 50 FR 28323, 28342, July 11, 1985; 55 FR 21337, May 23, 1990; 61 FR 6535, Feb. 21, 1996; 65 FR 26135, May 5, 2000; 65 FR 50430, Aug. 18, 2000; 65 FR 80328, Dec. 21, 2000; 68 FR 40167, July 7, 2003; 68 FR 68738, Dec. 10, 2003; 70 FR 6590, Feb. 8, 2005; 71 FR 10790, Mar. 2, 2006; 85 FR 27156, May 7, 2020; 89 FR 2138, Jan. 12, 2024; 89 FR 19273, Mar. 18, 2024; 90 FR 5628, Jan. 17, 2025; 90 FR 35421, July 28, 2025; 90 FR 55671, Dec. 3, 2025]


</CITA>
</DIV8>


<DIV8 N="§ 948.13" NODE="30:3.0.1.18.115.0.1.4" TYPE="SECTION">
<HEAD>§ 948.13   State statutory and regulatory provisions set aside.</HEAD>
<P>(a)-(b) [Reserved] 
</P>
<P>(c) The following wording in section 22A-3-23(c)(3) of the Code of West Virginia is inconsistent with section 519(c)(3) of the Surface Mining Control and Reclamation Act of 1977 and is hereby set aside:
</P>
<EXTRACT>
<P>Provided, however, That such a release may be made where the quality of the untreated postmining water discharged is better than or equal to the premining water quality discharged from the mining site.</P></EXTRACT>
<P>(d) Section 22A-3-12(e) of the Code of West Virginia is inconsistent with section 515(e) of the Surface Mining Control and Reclamation Act of 1977 and is hereby set aside in its entirety.
</P>
<P>(e)-(f) [Reserved]
</P>
<CITA TYPE="N">[50 FR 35084, Aug. 29, 1985, as amended at 61 FR 6535, Feb. 21, 1996]


</CITA>
</DIV8>


<DIV8 N="§ 948.15" NODE="30:3.0.1.18.115.0.1.5" TYPE="SECTION">
<HEAD>§ 948.15   Approval of West Virginia regulatory program amendments.</HEAD>
<XREF ID="20260622" REFID="11">Link to an amendment published at 91 FR 36990, June 22, 2026.</XREF>
<P>The following table lists the dates that West Virginia submitted proposed amendments to OSM, the dates when OSM published final rules approving all or portions of those amendments in the <E T="04">Federal Register,</E> and the State statutory or regulatory citations for those amendments (or a brief description of the amendment). The amendments appear in order of the date of publication of the final rules announcing OSM's decisions on the amendments. The preambles to those final rules identify and discuss any assumptions underlying approval, any conditions placed on the approval, and any exceptions to the approval.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date 
</TH><TH class="gpotbl_colhed" scope="col">Date of publication of final rule 
</TH><TH class="gpotbl_colhed" scope="col">Citation/description of approved provisions 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 29, 1981</TD><TD align="left" class="gpotbl_cell">May 11, 1982</TD><TD align="left" class="gpotbl_cell">§ 10.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 17, 1982</TD><TD align="left" class="gpotbl_cell">September 10, 1982</TD><TD align="left" class="gpotbl_cell">§ E.03 of the State's coal refuse disposal regulations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 14, 1982, October 29, 1982</TD><TD align="left" class="gpotbl_cell">March 1, 1983</TD><TD align="left" class="gpotbl_cell">§§ 4D.04h; 6A.02a.6; 6B.02, .07c.2, f; 7A.02a.6; 12B.07; 15A.01; Part H concerning alternative bonding system.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 16, 1983, April 29, 1983, June 15, 1983, September 13, 1983</TD><TD align="left" class="gpotbl_cell">November 16, 1983</TD><TD align="left" class="gpotbl_cell">Technical Handbook of Standards and Specifications for Mining Operations; applicability; bond release procedures for interim program permits; incidental mining.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 12, 1984</TD><TD align="left" class="gpotbl_cell">September 20, 1984</TD><TD align="left" class="gpotbl_cell">Chapter 22-4 Series—blaster certification program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 20, 1984</TD><TD align="left" class="gpotbl_cell">April 23, 1985</TD><TD align="left" class="gpotbl_cell">Chapter 22-4 Series, § 6.01(B), 9—blaster certification program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 30, 1984, October 30, 1984, May 20, 1985, June 14, 1985</TD><TD align="left" class="gpotbl_cell">July 11, 1985</TD><TD align="left" class="gpotbl_cell">Reclamation and coal refuse disposal; Transfer of program authority; permit addendum and Chapter 20, Revegetation, of the Technical Handbook for Surface Mining; permit or significant revision to a permit; the coal exploration approval document; civil penalty procedures; assessable and non-assessable violations.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 11, 1985</TD><TD align="left" class="gpotbl_cell">March 20, 1986</TD><TD align="left" class="gpotbl_cell">Financial analysis and supporting documentation demonstrating sufficient money in the special reclamation fund; withdrawals from the fund; noncoal administrative expenses. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 30, 1986, April 26, 1986</TD><TD align="left" class="gpotbl_cell">May 23, 1990</TD><TD align="left" class="gpotbl_cell">Code of Violations; Replacement of all regulations in chapter 20, Article 6, Series VII and VII-A (1985) with new set of Legislative Rules at title 38, Series 2.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 29, 1990</TD><TD align="left" class="gpotbl_cell">October 4, 1991</TD><TD align="left" class="gpotbl_cell">CSR 38-2 §§ 2, 3, 5, 6, 9, 11 through 14, 17, 20, 22.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 12, 1991</TD><TD align="left" class="gpotbl_cell">November 19, 1991</TD><TD align="left" class="gpotbl_cell">CSR 38-2-20.5, .6, .7.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 30, 1993</TD><TD align="left" class="gpotbl_cell">August 16, 1995</TD><TD align="left" class="gpotbl_cell">CSR 38-2-14.14(b)(4), (g)(1)(B), (g)(8), (11), (12).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 28, 1993</TD><TD align="left" class="gpotbl_cell">October 4, 1995, February 21, 1996</TD><TD align="left" class="gpotbl_cell">WV Code 22-1-4 through −8; 22-2; 22-3-3, −5, −7, −8, −9, a, −11(a), (g), −12, −13, −15, −17, −18, −19, −22, −26, −28, −40; 22B-1-4 through −12; 22B-3-4; 22B-4; CSR 38-2-1.2, −2, −3.1(o), .4, .6, .7, .8, .12, .14, .15, .16, .25, .26, .27(a), .28, .29, .30, .31(a), .32, .33, .34, −4, .1(a), .2 through .12, −5.2, .4, .5, −6, .3(b), .6, .8, −8.1,-9, −11.1 through .7, −12.2, .3, .4(a), (2)(B), (c) through (e) except the words “other responsible party” at (e) are not approved, .5, −13, −14.5, .8, .11, .12, .14, .15, .17, .18, .19, −15.2, −16.2, −17, −18.3, −20.1, .2, .4 through .7, −22; 38-2C-4, −5, −8.2, −10.1, −11.1; 38-2D-4.4(b), −6.3(a), −8.7(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 2, 1996</TD><TD align="left" class="gpotbl_cell">July 24, 1996</TD><TD align="left" class="gpotbl_cell">CSR 38-2-4.12, −5.4(c), −12.2(e), −14.3(c), .14(e)(4), .15(m).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">February 23, 1998</TD><TD align="left" class="gpotbl_cell">July 14, 1998</TD><TD align="left" class="gpotbl_cell">WV Code Sections 22B-1-7(d), 7(h); 22B-3-4. WV Regulations CSR 38-2-1.2(c)(1). Vacating of retroactive approval published on February 21, 1996.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 28, 1997</TD><TD align="left" class="gpotbl_cell">February 9, 1999</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3 Sections 3(u)(2)(1) (decision deferred), (2)(not approved), (3); 3(x), (y) (partial approval), (z) (partial approval); 13(b)(20), (22), (c)(3) (decision deferred); 15(h); 17(b); 18(c), (f); 28 (a-c) (not approved), (d), (e) (decision deferred), (f). WV Regulations CSR 38-2 Sections 2.4, 2.43 (not approved), 2.95 (not approved), 2.108, 2.120; 3.2.e; 3.12.a.1 (partial approval), .2 (partial approval); 3.14.b.7 &amp; .8 deleted, .12.E, .15.B deleted, .13.B; 3.29.a (partial approval); 3.35; 5.5.c; 6.5.a; 8.2.e; 9.2.i.2; 9.3.h.1, .2; 14.11.e, .f, .g, .h; 14.15.b.6.A, .c, .d; 16.2.c (partial approval), .2, .3, .4 (partial approval for .4); 20.1.e 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 28, 1997</TD><TD align="left" class="gpotbl_cell">May 14, 1999</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3 Section 13(c)(3) [not approved].
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 11, 1998</TD><TD align="left" class="gpotbl_cell">May 5, 2000</TD><TD align="left" class="gpotbl_cell">West Virginia regulations at CSR 38-2-2.25; 2.102; 3.32.d.12; 14.16 through 14.19; 22.5.1; 24 (except 24.4).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 5, 1999</TD><TD align="left" class="gpotbl_cell">October 1, 1999</TD><TD align="left" class="gpotbl_cell">CSR 38-2-2.11; 2.78; 3.12.a.2, and .2.B; 3.32.b; 3.35; 14.12.a.1; 16.2.c, and .c.3; and 22.4.g.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 25, 1999</TD><TD align="left" class="gpotbl_cell">November 12, 1999</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-1-7(a)(7); 22-3-13(a), (b)(3) and (15), (e), and (f); 22-3-13a, in 13a(g) the words “upon request” are not approved, in 13a(j)(2) the phrase “or the surface impacts of the underground mining methods” is not approved; 22-3-22a; 22-3-23(c)(3) decision is deferred; 22-3-24(c), (d), (e), and (f); 22-3-30a, in 30a(a) the phrase “of overburden and coal” is not approved, 30a(c) and (f) are not approved; and 22-3A.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 14, 2000, March 28, 2000, and April 6, 2000</TD><TD align="left" class="gpotbl_cell">August 18, 2000</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3- at 3(e), (u)(2); (y); 13(c)(3) (qualified approval), (c)(3)(B)(iii); 23(c)(1), (2) (partial approval). CSR 38-2- at 2.31, 2.45, 2.98, 2.123, 2.136; 3.8c; 3.25; 7.2.i; 7.3; 7.4.a (qualified approval): 7.4.b.1; 7.4.b.1.A. (qualified approval), 7.4.b.1.B., C. (partial approval), D. (partial approval), E. (qualified approval), F., G. (partial approval), H., I. (partial approval), J. (qualified approval), K.; 14.15.f.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 14, 2000, March 28, 2000, and April 6, 2000</TD><TD align="left" class="gpotbl_cell">12/21/00</TD><TD align="left" class="gpotbl_cell">CSR 38-2-7.5.(qualified approval), 7.5.a., b., c., d., e. (qualified approval), f. (qualified approval), g. (qualified approval), h. (h.2.B. is a qualified approval), i. (i.1.B., i.3.H., i.3.Q. and i.7.A., and i.10. are qualified approvals), j. (j.2.C. and j.2.E. are qualified approvals; j.3.B. partial approval; j.4. qualified approval, j.6.A. partial approval, j.6.B. qualified approval, j.7. qualified approval), k. (qualified approval), l., m., n., o. (qualified approval; o.2. is a partial approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 24, 2001</TD><TD align="left" class="gpotbl_cell">December 28, 2001</TD><TD align="left" class="gpotbl_cell">W. Va. Code 22-1-17; 22-3-11(a), (c), (d), (g) through (n); 22-3-12(a) through (f).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 30, 2000; May 2, 2001; November 28, 2001; February 26, 2002; March 8, 2002</TD><TD align="left" class="gpotbl_cell">May 1, 2002</TD><TD align="left" class="gpotbl_cell">Emergency rule provisions: CSR 38-2-3.12.a.1, a.2, a.2.B; 5.4.b.8, d.3; 16.2.c.4.
<br/>Policy/guidance documents submitted February 26, 2002: Attachments 1A; 2P; 3P and the updated listing (Administrative Record Number WV-1278); 4 except examples 1 and 3 through 8; 6; and 9.
<br/>Policy/guidance documents submitted March 8, 2002: Attachments 1; 3A; and 8.
<br/>In House Bill 2663: CSR 38-2-3.12.a.1; 3.14.a; 12.2.e; 12.4.e; 14.8.a.6; 16.2.c.4; and 24.4.
<br/>In Senate Bill 689: W. Va. Code 22-3-13a(g), (j); 30a(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 24, 2001
<br/>April 9, 2002</TD><TD align="left" class="gpotbl_cell">May 29, 2002</TD><TD align="left" class="gpotbl_cell">CSR 38-2-12.5.d.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 9, 2002
<br/>June 19, 2002</TD><TD align="left" class="gpotbl_cell">December 3, 2002</TD><TD align="left" class="gpotbl_cell">CSR 38-2-14.15.a.1, a.2; b.5; b.6.A, b.6.B.1; c, c.1, c.4; d, d.1, d.2, d.3; e, e.1, e.2, e.3; g (partial approval), g.2; i (qualified approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 21, 2001, August 12, 2002</TD><TD align="left" class="gpotbl_cell">May 7, 2003</TD><TD align="left" class="gpotbl_cell">W. Va. Code 22-3-10(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 9, 2002, June 19, 2002</TD><TD align="left" class="gpotbl_cell">June 27, 2003</TD><TD align="left" class="gpotbl_cell">CSR 38-2: 2.31.b.1; 2.43; 2.108; 3.1.i.2; 3.25.a.4; 3.30.d.8; 3.32.e; 5.4.e.2; 7.4.a.1; 7.4.b.1.C.5; 7.4.b.1.D.1; 7.4.b.1.G.1; 7.4.b.1.G.3; 7.4.b.1.H.2; 7.4.b.1.I.2; 7.4.b.1.I.3; 7.5.i.1.B; 7.5.i.3.Q; 7.5.i.10; 7.5.j.3.A; 7.5.j.6.A; 7.5.j.6.B; 7.5.o.2; 8.2.b.3; 10.4.a.1.D; 10.6.b.3; 11.2.b; 11.4.a.1; 11.4.a.4; 11.5. (deletion of former); 11.5.a; 12.5.e; 14.12.a.1; 17.3.b.2; 17.4; 17.6; and 22.7.a.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 18, 2003</TD><TD align="left" class="gpotbl_cell">July 7, 2003</TD><TD align="left" class="gpotbl_cell">CSR 38-2-3.2.c, 3.7.d, 3.20 3.22.f.5.A, A.1, and A.2, 5.4.b.4, 5.4.b.11, 5.6, 8.2.e, 9.1.a, 9.3.d, 9.3.f, 10.2.a.4, 10.3.a.1, 10.4.c.1, 10.6.b.2, b.7.A, b.7.B, b.8, 14.5.h, 14.14.g.1, g.2 (partial approval; also, approved only to the extent that after removal of erosion protection zones, the stream channel will be restored), and g.3, 14.15.a.2, c, and g, 17.1, 20.6.a, c, and d, e, f, and j, 22.4.g.3.A and i.6, 24.2.a, 24.3, and 24.4. CSR 38-4-25.14.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 2, 2001, July 1, 2003</TD><TD align="left" class="gpotbl_cell">December 1, 2003</TD><TD align="left" class="gpotbl_cell">CSR 38-2-2.39 (a deletion), 3.22.e, 3.31.a (deferral), 3.32.g, 5.2.a, and 11.3.a.3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 30, 2000, November 28, 2001</TD><TD align="left" class="gpotbl_cell">December 10, 2003</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3-13a(a)(3), (b), (c), (f)(14), (g); 22a(a), (b), (e), (f), (g); 30a(b), (b)(3), (b)(3)(C), (b)(5), (c), (d), (e), (f), (h).
<br/>Code of State Regulations CSR 199-1, except as identified at 30 CFR 948.12(d), and subdivision 3.10.d is a qualified approval.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 14, 2000, March 28, 2000, and April 5, 2000</TD><TD align="left" class="gpotbl_cell">June 17, 2004</TD><TD align="left" class="gpotbl_cell">CSR 38-2-7.4.b.1.I.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 25, 2004</TD><TD align="left" class="gpotbl_cell">February 8, 2005</TD><TD align="left" class="gpotbl_cell">CSR 38-2-3.12.a.1; 7.6 (except the word “excessive” at 7.6.e.1); 7.7 (except the word “excessive” at 7.7.e.1); 9.3.g; 14.15.a.1; 14.15.g; 20.1.a.6; 22.5.a; 23 (deleted); and 24. Reduced Inspection Frequency Policy dated November 3, 2004.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 17, 2005, and amended November 4, 2005</TD><TD align="left" class="gpotbl_cell">December 30, 2005</TD><TD align="left" class="gpotbl_cell">CSR 38-2-11.3.a.3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 13, 2005, and modified on August 23, 2005</TD><TD align="left" class="gpotbl_cell">March 2, 2006</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3-11(h)(2)(B); 11a; 32a; 22-27-1 through 12. CSR 38-2-2.92; 3.29.a; 5.4.a, b.9, b.10, b.12, c.7, d.3, d.4, e.1, f; 7.4.b.1.A.1, A.3, A.3(b), A.4, B.1, C.1, C.2, C.3, C.4, C.5, D.6, D.8, D.9, D.11, H.1, H.2, H.6, I.1, I.2, I.3, I.4, J.1; 7.5.a, b.3, i.10, j.3.A, j.3.B, j.3.E, l.4.A, o.2; 9.3.d, 9.3.e; 14.5.h, 14.14.g.2.A.6; 14.15.c.3; 20.6.d, 20.6.j. CSR 199-1-2.36a, 2.36b, 2.37; 3.3.b, 3.7; 4.8, 4.8.c, 4.8.f, 4.8.g, 4.9; Water Rights and Replacement Policy (August 1995); September 2003 MOA between WVDEP, DMR and WVDNR, Wild Resources Section; Permittee's Request for Release form, Item 11, dated March 2005.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 17, 2006</TD><TD align="left" class="gpotbl_cell">August 28, 2006</TD><TD align="left" class="gpotbl_cell">W. Va. Code 22-3-24(c), (d), (e), and (h).
<br/>CSR 38-2-7.2.e.1; 7.3.d; and 7.8 (qualified approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 17, 2008</TD><TD align="left" class="gpotbl_cell">June 16, 2008</TD><TD align="left" class="gpotbl_cell">W. Va. Code 22-3-11(g) (interim approval), 11(h)(1) (interim approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 22, 2007</TD><TD align="left" class="gpotbl_cell">December 24, 2008</TD><TD align="left" class="gpotbl_cell">CSR 38-2-2.39 (deletion of cumulative impact definition).
<br/>CSR 38-2-3.22.e (approval of material damage to the hydrologic balance definition).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 28, 2009</TD><TD align="left" class="gpotbl_cell">July 22, 2009</TD><TD align="left" class="gpotbl_cell">W. Va. Code 22-3-11(h)(1) (interim approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 2, 2011</TD><TD align="left" class="gpotbl_cell">June 29, 2011</TD><TD align="left" class="gpotbl_cell">W. Va. Code 22-3-7(b); 8(a)(4); 19(a)(4); 19(b)(2); 19(b)(3); 19(d); and 19(e) (interim approvals).
<br/>CSR 38-2-11.4.a.2 (interim approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 27, 2012</TD><TD align="left" class="gpotbl_cell">July 11, 2012</TD><TD align="left" class="gpotbl_cell">W. Va. Code 22-3-11(h)(1) (interim approval).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 14, 2013
<br/>August 7, 2014.</TD><TD align="left" class="gpotbl_cell">March 4, 2020</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3-11(g) and (h) (qualified) W.Va. Code 22-3-20, W. Va. Code 22-3-21, CSR 110-29-1 through 6, Special Reclamation Tax Credit Rule (qualified).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 8, 2008</TD><TD align="left" class="gpotbl_cell">May 7, 2020</TD><TD align="left" class="gpotbl_cell">CSR 38-2-2.119 (partial approval); 38-2-3.1.c; 3.1.d; 3.2.g (qualified approval); 3.29.a (deletion); 3.32.b (deletion); 5.4.e.1 (deletion); 5.4.h.2; 5.6.a (qualified approval); 5.6.b; 5.6.d (deletion); 6.1; 6.2; 6.3-6.8 (deletions), with exception 6.5.h (deletion not approved) and 6.8.a.1 (qualified approval); 7.4.b.1.J.1(c); 14.15.c.2; 14.15.d.3; 14.15.e (deletions); 19.9; 23.3 (qualified approval); and 23.4.
<br/>CSR 199-1-2; 2.27 (partial approval) 2.36 (partial approval); 3.2.a; 3.2.b; 3.2.c; 3.2.d; 3.2.e (deletion); 3.3; 3.4 (qualified approval); 3.5; 3.6 (qualified approval); 3.7; 3.8 (qualified approvals/forms); 3.9; 3.10 (qualified approval); 4.1; 4.2; 4.3; 4.5 (qualified approval); 4.6; 4.7; 4.9.a; 4.13; 4.14; 5.2 (qualified approval); 6; and 7.
<br/>W. Va. Code 22-3-11(a); 11(g); 11(h)(l); 11(h)(2); 11(h)(3); 11(h)(4); 11(l) (deletion); and 11(m).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 11, 2013</TD><TD align="left" class="gpotbl_cell">November 6, 2020</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3-33, Attorney fees and costs.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 25, 2011</TD><TD align="left" class="gpotbl_cell">November 6, 2020</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3-11(h)(1), Increase in Special Reclamation Tax.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 3, 2017</TD><TD align="left" class="gpotbl_cell">January 12, 2024</TD><TD align="left" class="gpotbl_cell">W.Va. Code 22-3-11(g)(1), (g)(2) (partial); 22-3-23(c) and (i).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 25, 2011, May 8, 2018</TD><TD align="left" class="gpotbl_cell">March 18, 2024</TD><TD align="left" class="gpotbl_cell">CSR 38-2-2.6; 9.3.d; 11.3.f; 11.4; 11.6; 12.2.a, 12.5.b, c and d; 12.4.a.2.B, 12.4.b, 4.b.1 and 4.b.2; 12.4.d; 14.5.b.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 5, 2020</TD><TD align="left" class="gpotbl_cell">August 8, 2024</TD><TD align="left" class="gpotbl_cell">11.3.a.3—(Surety Bonds; quarterly statements; corporate surety licensed in the State.)
<br/>16.2.c.2—(Owner Compensation; repair)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 29, 2022</TD><TD align="left" class="gpotbl_cell">July 28, 2025</TD><TD align="left" class="gpotbl_cell">W. Va. Code 22-3-11(g)(2) (partial deletion) and (i)(2)(C) (added).


<br/>CSR 38-2-12.5.a and 12.5.e (deletions).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 14, 2016</TD><TD align="left" class="gpotbl_cell">December 3, 2025</TD><TD align="left" class="gpotbl_cell">CSR 38-2-3.27 (no determination); CSR 38-2-11.4.a.2 (moot, no determination); CSR 38-2-7.6.c.2-3 (approved); CSR 38-2-7.6.d.1 (approved); CSR 38-2-7.7.c.2-3 (approved); CSR 38-2-7.7.d.1 (approved); CSR 38-2-14.3 (approved); CSR 38-2-14.11 (approved); CSR 38-2-14.15.b.1 through CSR 38-2-14.15.b.6.b.2 (approved); CSR 38-2-14.15.d.1-3 (approved); CSR 38-2-14.15.g (approved); CSR 38-2-22.3(t)(4) (approved).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 11, 2009, May 22, 2009, July 6, 2009</TD><TD align="left" class="gpotbl_cell">December 3, 2025</TD><TD align="left" class="gpotbl_cell">CSR 38-2-3.15 (approved); 38-2-3.28.b.1 (qualified approval); 38-2-3.29.a (qualified approval); 38-2-3.29.b.2 (not approved); 38-2-3.29.d. (approved); 38-2-3.29.e. (qualified approval); 38-2-7.8. (qualified approval); 38-2-9.3.f. (approved); 38-2-11 (approved); W.Va. Code 5B-2A-3 (approved); 5B-2A-5 (approved); 5B-2A-6 (approved); 5B-2A-9 (approved); 22-3-10(a)(3) (qualified approval); 22-3-11 (approved).</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9957, Mar. 5, 1997]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 948.15, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 948.16" NODE="30:3.0.1.18.115.0.1.6" TYPE="SECTION">
<HEAD>§ 948.16   Required regulatory program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17, West Virginia is required to submit the following proposed program amendments by the dates specified:
</P>
<P>(a)-(rrrrr) [Reserved] 
</P>
<CITA TYPE="N">[50 FR 28324, July 11, 1985 and 50 FR 38652, Sept. 24, 1985]
</CITA>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>For <E T="04">Federal Register</E> citations affecting § 948.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <I>www.govinfo.gov.</I></PSPACE></EDNOTE>
</DIV8>


<DIV8 N="§ 948.20" NODE="30:3.0.1.18.115.0.1.7" TYPE="SECTION">
<HEAD>§ 948.20   Approval of State abandoned mine lands reclamation plan.</HEAD>
<P>The West Virginia Abandoned Mine Reclamation Plan as submitted on October 29, 1980, and as amended on December 12, 1980, is approved effective February 23, 1981. Copies of the approved plan are available at the following locations: 
</P>
<P>(a) Office of Surface Mining, Charleston Field Office, 1027 Virginia Street East, Charleston, West Virginia 25301-2816. Telephone: (304) 347-7158. 
</P>
<P>(b) West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, 601 57th Street SE., Charleston, West Virginia 25304-2345, Telephone (304) 926-0485.
</P>
<CITA TYPE="N">[66 FR 67454, Dec. 28, 2001, as amended at 72 FR 1937, Jan. 17, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 948.25" NODE="30:3.0.1.18.115.0.1.8" TYPE="SECTION">
<HEAD>§ 948.25   Approval of West Virginia abandoned mine lands reclamation plan amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 20, 1985</TD><TD align="left" class="gpotbl_cell">July 11, 1985</TD><TD align="left" class="gpotbl_cell">Transfer of program authority to the Department of Energy (HB 1850).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 30, 1987</TD><TD align="left" class="gpotbl_cell">August 26, 1988</TD><TD align="left" class="gpotbl_cell">Agency structure, public participation procedures, assumption of emergency reclamation program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 17, 1991, October 25, 1991</TD><TD align="left" class="gpotbl_cell">March 26, 1993</TD><TD align="left" class="gpotbl_cell">Amendments contained in House Bill 2492; Expanded eligibility criteria; Acid mine drainage treatment and abatement program.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 27, 2006</TD><TD align="left" class="gpotbl_cell">January 17, 2007</TD><TD align="left" class="gpotbl_cell">Amendment includes AML enhancement requirements and other revisions to West Virginia's AMLR Plan dated June 16, 2006.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9958, Mar. 5, 1997, as amended at 72 FR 1937, Jan. 17, 2007]



</CITA>
</DIV8>


<DIV8 N="§ 948.26" NODE="30:3.0.1.18.115.0.1.9" TYPE="SECTION">
<HEAD>§ 948.26   Required abandoned mine land reclamation program/plan amendments. [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 948.30" NODE="30:3.0.1.18.115.0.1.10" TYPE="SECTION">
<HEAD>§ 948.30   State-Federal cooperative agreement.</HEAD>
<P>The cooperative agreement in appendix A of this part is effective March 23, 2026.
</P>
<CITA TYPE="N">[91 FR 8079, Feb. 20, 2026] 




</CITA>
</DIV8>


<DIV9 N="Appendix A" NODE="30:3.0.1.18.115.0.1.11.1" TYPE="APPENDIX">
<HEAD>Appendix A to Part 948—State-Federal Cooperative Agreement
</HEAD>
<HD2>Cooperative Agreement
</HD2>
<P>The Governor of the State of West Virginia (the Governor) and the Secretary of the Department of the Interior (the Secretary) enter into a Cooperative Agreement (Agreement) to read as follows:
</P>
<HD1>Article I: Introduction, Purposes, and Responsible Agencies
</HD1>
<HD2>A. Authority
</HD2>
<P>This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under section 503 of SMCRA, 30 U.S.C. 1253, to elect to enter into an cooperative agreement for the State regulation and control of surface coal mining and reclamation operations (including surface operations and surface impacts incident to underground mining operations) on Federal lands as that term is defined in 30 U.S.C. 1291(4). This Agreement provides for State regulation of coal exploration operations not subject to 43 CFR part 3400, and surface coal mining and reclamation operations on Federal lands within West Virginia, except for those activities reserved for the Bureau of Land Management (BLM) involving leased Federal coal subject to 43 CFR parts 3400 through 3480, and the Office of Surface Mining, Reclamation and Enforcement (OSMRE) and the Secretary under 30 CFR part 746.
</P>
<P>This Agreement provides for State regulation of coal exploration and surface mining activities consistent with SMCRA, the Federal lands program (30 CFR parts 740, 745, and 746), and the approved West Virginia regulatory program (State program). This Agreement does not abridge any rights that West Virginia may have under State law to regulate coal exploration activities on non-Federal, non-Indian lands within the State.
</P>
<HD2>B. Purposes
</HD2>
<P>The purposes of this Agreement are to (a) foster Federal-State cooperation in the regulation of surface coal mining and reclamation operations and coal exploration operations not subject to BLM's authority under 43 CFR parts 3400 through 3480 and OSMRE's and the Secretary's authority under 30 CFR part 746, (b) minimize intergovernmental duplication of effort, and (c) provide for uniform and effective application of the State program on all non-Indian lands within West Virginia in accordance with SMCRA, the State program, and this Agreement.
</P>
<HD2>C. Responsible Administrative Agencies
</HD2>
<P>The West Virginia Department of Environmental Protection (DEP) will be responsible for administering this Agreement on behalf of the Governor under the approved West Virginia Permanent Regulatory Program. OSMRE will administer this Agreement on behalf of the Secretary, in accordance with the regulations in 30 CFR Chapter VII.
</P>
<HD1>Article II: Effective Date
</HD1>
<P>After being signed by the Secretary and the Governor, this Agreement will take effect 30 days after publication in the <E T="04">Federal Register</E> as a final rule. This Agreement will remain in effect until terminated as provided in Article XI or superseded by amendment in accordance with Article XIII of this Agreement.
</P>
<HD1>Article III: Definitions
</HD1>
<P>The terms and phrases used in this Agreement that are defined in SMCRA, 30 CFR 700.5, 701.5, and 740.5, the State program, including the approved West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA) W. Va. Code § 22-3-1, <I>et seq.,</I> and The Office of Explosives and Blasting, W. Va. Code § 22-3A-1, <I>et seq.,</I> and the rules and regulations promulgated pursuant to those Acts, will be given the meanings set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the approved State program will apply, except for: (1) instances in which a term conflicts with the Secretary's remaining responsibilities under the Act and other laws; and (2) valid existing rights (VER) requests pursuant to 30 CFR 761.16. The Federal VER definition will apply when making VER determinations for those protected areas identified in 30 CFR 761.11(a) and (b). The term “coal exploration operation(s)” used in this Agreement excludes coal exploration operations subject to 43 CFR part 3400 regardless of whether it is so specified.
</P>
<HD1>Article IV: Applicability
</HD1>
<P>In accordance with the Federal lands program, the laws, regulations, terms and conditions of the State program, as conditionally approved effective January 21, 1981, 30 CFR part 948, or hereinafter amended in accordance with 30 CFR 732.17, are applicable to Federal lands in West Virginia, except as otherwise stated in this Agreement, SMCRA, 30 CFR 740.4, 740.11(a), and 745.13, and other applicable laws, Executive Orders, or regulations.
</P>
<P>Orders and decisions issued by DEP in accordance with the State program that are appealable must be appealed to the State Surface Mine Board. Orders and decisions issued by the Secretary or OSMRE that are appealable must be appealed to the Department of the Interior's Office of Hearings and Appeals.
</P>
<HD1>Article V: General Requirements
</HD1>
<P>The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement.
</P>
<HD2>A. Authority of State Agency
</HD2>
<P>DEP has and will continue to have the authority under State law to carry out this Agreement.
</P>
<HD2>B. Funding
</HD2>
<P>Upon application by DEP and subject to the availability of appropriations, OSMRE will provide the State with the funds to defray the costs associated with carrying out its responsibilities under this Agreement as provided in section 705(c) of SMCRA, the grant agreement, and 30 CFR 735.16. Such funds will cover the full cost incurred by DEP in carrying out these responsibilities, provided that such cost does not exceed the estimated cost the Federal government would have expended on such responsibilities in the absence of this Agreement.
</P>
<P>The amount of the grant will be determined using the procedures specified in applicable Federal guidance documents, such as the Federal Assistance Manual Chapter 3-10 and Appendix III.
</P>
<P>If DEP applies for a grant but sufficient funds have not been appropriated to OSMRE, OSMRE and DEP will promptly meet to decide on appropriate measures that will ensure that coal exploration operations and surface coal mining and reclamation operations on Federal lands within West Virginia are regulated in accordance with the State program. If an agreement cannot be reached, either party may terminate this Agreement in accordance with Article XI of this Agreement.
</P>
<P>Funds provided to the DEP under this Agreement will be adjusted in accordance with the Office of Management and Budget Common Rule for Uniform Administration Requirements for Grants and Cooperative Agreements to State and Local Governments and must be reduced by the amount of permit application fees collected by the State that are attributable to the Federal lands covered by this Agreement.
</P>
<HD2>C. Reports and Records
</HD2>
<P>DEP will make regular reports to OSMRE containing information with respect to compliance with the terms of this Agreement pursuant to 30 CFR 745.12(d). Upon request, DEP and OSMRE will exchange information developed under this Agreement, except where prohibited by Federal or State law.
</P>
<P>OSMRE will provide DEP with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement. DEP comments on the report will be appended before transmission to the Congress, unless necessary to respond to a request by a certain date or to other interested parties.
</P>
<HD2>D. Personnel
</HD2>
<P>Subject to adequate appropriations and grant awards, the DEP will maintain the personnel necessary to fully implement this Agreement in accordance with the provisions of SMCRA, applicable regulations, the Federal lands program, and the approved State program.
</P>
<HD2>E. Equipment and Facilities
</HD2>
<P>Subject to adequate appropriations and grant awards, the DEP will ensure it has access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses can be performed that are necessary to carry out the requirements of this Agreement.
</P>
<HD2>F. Permit Application Fees and Civil and Criminal Penalties
</HD2>
<P>The amount of the fee accompanying an application for a coal exploration operation or a surface coal mining and reclamation operation on Federal lands in West Virginia will be determined in accordance with the approved West Virginia State program. All permit application fees collected from operations on Federal lands will be considered program income to be retained by the State and must be deposited within the Department of Environmental Protection's Mining and Reclamation Operations Fund. Civil and criminal penalties and fines collected by DEP from operations on Federal lands must be deposited in State's Special Reclamation Fund and Special Reclamation Water Trust Fund. The financial status report submitted pursuant to 30 CFR 735.26 will include a report on the amount of permit fees, penalties, and fines collected from operations on Federal lands during the State's prior grant year.
</P>
<HD1>Article VI: Review of Permit Application
</HD1>
<HD2>A. Responsibilities
</HD2>
<P>DEP will assume primary responsibility for the analysis, review, and approval, disapproval, or conditional approval of the permit application component of the permit application package required by 30 CFR 740.13 for surface coal mining and reclamation operations or for coal exploration operations on Federal lands covered by this Agreement in West Virginia.
</P>
<P>For proposals to conduct surface coal mining operations involving leased Federal coal, OSMRE is responsible for preparing a mining plan decision document in accordance with 30 CFR 746.13 and obtaining the Secretary's approval, disapproval, or approval with conditions. The mining plan includes: the permit application package; the resource recovery and protection plan reviewed and approved by BLM; information prepared in accordance with the National Environmental Policy Act of 1969 (NEPA); documentation assuring compliance with other Federal laws and regulations; comments from other Federal agencies and the public; findings and recommendations from BLM with respect to the resource recovery and protection plan; findings and recommendations from DEP with respect to the permit application and the approved State program; and findings and recommendations from OSMRE with respect to the additional requirements of the Federal lands program.
</P>
<P>BLM is responsible for matters concerned exclusively with regulations under 43 CFR part 3400.
</P>
<P>The Secretary reserves the right to act independently of DEP to carry out responsibilities under laws other than SMCRA or provisions of SMCRA not covered by the State program, and in instances of disagreement over SMCRA and the Federal lands program. The Secretary will, as provided by 30 CFR 740.4(a), make determinations under SMCRA that cannot be delegated to the State, some of which have been delegated to OSMRE.
</P>
<P>The Secretary will concurrently carry out the responsibilities under 30 CFR 740.4(a) that cannot be delegated to DEP under the Federal lands program, the Mineral Leasing Act of 1920 (MLA), NEPA, this Agreement, and other applicable Federal laws. The Secretary will carry out these responsibilities in a timely manner and will avoid, to the extent possible, duplication of the responsibilities of the State, as set forth in this Agreement and the State program. The Secretary will consider the information in the permit application and, where appropriate, make decisions required by SMCRA, MLA, NEPA, and other Federal laws.
</P>
<P>Where necessary to make the determination to recommend that the Secretary approve, disapprove, or approve with conditions the mining plan, as provided by 30 CFR 740.4(b)(1), OSMRE will consult with and obtain the concurrences of BLM, any Federal land management agency, and other relevant Federal agencies.
</P>
<P>DEP may assist OSMRE in the preparation of documentation to comply with the requirements of NEPA under 30 CFR 740.4(c)(7). If requested, DEP may assist with document preparation, but OSMRE will retain responsibility for preparing NEPA compliance documents, including the exceptions relating to NEPA as set forth in 30 CFR 740.4(c)(7)(i)-(vii).
</P>
<P>DEP will be responsible for the approval and release of performance bonds and liability insurance under 30 CFR 740.4(c)(4), in accordance with Article IX of this Agreement, and for the review and approval under 30 CFR 740.4(c)(6) of coal exploration operations not subject to 43 CFR part 3400.
</P>
<P>Responsibilities and decisions that can be delegated to DEP under other applicable Federal laws may be specified in working agreements between OSMRE and the State with the concurrence of any Federal agency involved and without amendment to this Agreement.
</P>
<HD2>B. Submission of Permit Application
</HD2>
<P>DEP will require an applicant proposing to conduct surface coal mining and reclamation operations or coal exploration operations on Federal lands covered by this Agreement to submit a permit application in the format as prescribed by DEP. DEP will furnish a copy of the permit application package or make it available to OSMRE, any Federal land management agency, and any other agency with jurisdiction or responsibility over Federal lands affected by operations proposed in the permit application. The permit application will be in the form required by DEP and will include any supplemental information required by OSMRE, any Federal land management agency, and any other agency with jurisdiction or responsibility over Federal lands affected by operations proposed in the permit application.
</P>
<P>At a minimum, the permit application will satisfy the requirements of 30 CFR 740.13(b) and include the information necessary for DEP to make a determination of compliance with 30 CFR 740.4(c) and the State program, and for OSMRE, any appropriate Federal land management agencies, and any other agency with jurisdiction or responsibilities over Federal lands affected by operations proposed in the permit application to make determinations of compliance with applicable requirements of SMCRA, the Federal lands program, other Federal laws, Executive Orders, and regulations for which they are responsible.
</P>
<P>For any existing or pending permit applications on Federal lands being regulated or processed by OSMRE prior to the effective date of this Agreement, OSMRE will coordinate with DEP and continue that responsibility, if so requested by the State. At any point during the regulation or processing of those applications, all additional responsibilities may be passed to DEP pursuant to the terms of this Agreement, along with any attendant fees, fines or civil or criminal penalties therefrom.
</P>
<HD2>C. Review Procedures
</HD2>
<P>DEP will be the primary point of contact for applicants regarding the review of the permit application for compliance with the State program and other applicable State laws and regulations. OSMRE will be the point of contact regarding the review of the applicable portions of the permit application for compliance with the non-delegated responsibilities of SMCRA and for compliance with the requirements of the MLA, other Federal laws, Executive Orders, and regulations.
</P>
<P>OSMRE and DEP will develop a work plan and schedule for permit application review that complies with the time limitations established by the approved State program, and each agency will designate a primary point of contact between OSMRE and DEP throughout the review process.
</P>
<P>OSMRE will furnish DEP with its review comments on administratively complete permit applications and specify any requirements for additional data within 45 calendar days after receipt of each respective application. OSMRE and DEP will coordinate with each other during the review process, as needed. If OSMRE is unable to furnish its comments within that time, DEP may elevate the matter to the OSMRE Regional Director. DEP will send to OSMRE copies of any correspondence with the applicant and any information received from the applicant regarding the permit application.
</P>
<P>Unless otherwise protected by Federal law, OSMRE will send to DEP copies of all non-privileged external OSMRE correspondence that may have a bearing on the permit application. OSMRE will provide technical assistance to DEP when requested and will have access to DEP files concerning coal exploration or surface mining operations on Federal lands. DEP will keep OSMRE informed of findings made during the review process that bear on the responsibilities of OSMRE or other Federal agencies.
</P>
<P>OSMRE will assist the State in carrying out DEP's responsibilities by coordinating resolution of conflicts and difficulties between DEP and other Federal agencies in a timely manner; assisting in scheduling joint meetings, upon request, between State and Federal agencies; and exercising its responsibilities in a timely manner, governed to the extent possible by the deadlines established in the State program.
</P>
<HD2>D. Review Procedures Where There is Federal Surface, but No Leased Federal Coal Involved
</HD2>
<P>DEP will assume the responsibility for review of permit applications where there is no leased Federal coal to the extent authorized in 30 CFR 740.4(c)(1), (2), (4), (6), and (7).
</P>
<P>DEP will assume responsibility for the analysis, review and approval, disapproval, or conditional approval of the permit application component of the permit application package required by 30 CFR 740.13 for surface coal mining and reclamation operations in West Virginia on Federal lands not requiring a mining plan pursuant to the MLA, as amended, including applications for revisions, renewals and transfer, sale, and assignment of such permits.
</P>
<HD2>E. Review Procedures Where Federal Surface and Leased Federal Coal Is Involved
</HD2>
<P>DEP will assume the responsibility for review of permit applications involving both Federal surface and leased Federal coal to the extent authorized in 30 CFR 740.4(c)(1), (2), (3), (4), (6), and (7).
</P>
<P>DEP will, to the extent authorized, consult with any appropriate Federal land management agency and BLM pursuant to 30 CFR 740.4(c)(2) and (3), respectively. On matters concerned exclusively with regulations under 43 CFR parts 3400 through 3480, BLM will be the primary contact with the applicant. BLM will inform DEP of its actions and provide DEP with a copy of documentation on all leasing decisions.
</P>
<HD2>F. DEP, OSMRE, and Other Federal Agency Coordination
</HD2>
<P>DEP will, to the extent authorized, consult with any other Federal land management agency and with BLM when Federal leased coal is involved pursuant to 30 CFR 740.4(c)(2) and (3), respectively. DEP will also be responsible for obtaining the comments and determinations of other agencies with jurisdiction or responsibility over any other Federal lands affected by the operations proposed in the permit application. DEP will request all Federal agencies to furnish their findings or any request for additional information to DEP within 45 calendar days of the date of receipt of the permit application. OSMRE will, upon request, assist DEP in obtaining such information in a timely manner.
</P>
<P>In accordance with 30 CFR 745.12(g)(2), where lands containing leased Federal coal are involved, DEP will provide OSMRE, in the form specified by OSMRE in consultation with DEP, with written findings indicating that each permit application is in compliance with the terms of the State program and a technical analysis of each permit application to assist OSMRE in meeting its responsibilities under other applicable Federal laws and regulations.
</P>
<P>Where leased Federal coal is involved, OSMRE will consult with and obtain the concurrences of BLM, any Federal land management agency, and any other agency with jurisdiction or responsibility over the Federal lands affected by the operations proposed in the permit application as required to make its recommendation for the Secretary's decision on the mining plan.
</P>
<P>Where BLM contacts the applicant in carrying out its responsibilities under 43 CFR part 3400, BLM will immediately inform DEP of its actions and provide DEP with a copy of documentation of all leasing decisions within 5 calendar days.
</P>
<HD2>G. Permit Application Decision and Permit Issuance
</HD2>
<P>DEP will prepare a State decision package, including written findings and supporting documentation, indicating whether the permit application is in compliance with the State program. DEP will make the decision on approval, disapproval or conditional approval of the surface mining permit or coal exploration approval on Federal lands in accordance with the State program.
</P>
<P>Any permit issued by DEP will incorporate, as applicable, any terms or conditions required by the lease issued pursuant to the MLA and by any other applicable Federal laws and regulations, including conditions imposed by any Federal land management agency relating to postmining land use or any special requirements to protect non-mineral resources and those of other affected agencies.
</P>
<P>DEP may make a decision on approval, disapproval, or conditional approval of the surface mining permit on Federal lands in accordance with the State program prior to the necessary Secretarial decision on the mining plan when leased Federal coal is involved, provided that DEP advises the operator in the permit that Secretarial approval of the mining plan must be obtained before the operator may conduct surface coal mining operations on the Federal lands and conditions the issuance of the permit or approval on Secretarial approval of the mining plans. DEP will reserve the right to amend or rescind any requirements of the permit or approval to conform with any terms or conditions when imposed by the Secretary in the approval of the mining plan.
</P>
<P>After making its decision on the permit application, DEP will send a notice to the applicant, OSMRE, any Federal land management agencies, and any other agency with jurisdiction or responsibility over Federal lands affected by the operations proposed in the permit application. A copy of the permit and written findings will also be submitted to OSMRE.
</P>
<HD2>H. Review Procedures for Permit Revisions; Renewals; and Transfer, Assignment or Sale of Permit Rights
</HD2>
<P>Any permit revision or renewal for a surface coal mining and reclamation operation on Federal lands will be reviewed and approved or disapproved by DEP after consultation with OSMRE on whether such revision or renewal requires a mining plan modification pursuant to 30 CFR 746.18. OSMRE will inform DEP within 15 calendar days of receiving a copy of a proposed permit revision or renewal whether the permit revision or renewal will require a mining plan modification. If OSMRE is unable to furnish its determination within that time, DEP may elevate the matter to the OSMRE Regional Director. Where approval of a mining plan modification is required, OSMRE and DEP will follow the procedures outlined in Section E of this Article.
</P>
<P>Permit revisions or renewals on Federal lands that are determined by OSMRE not to require mining plan modifications will be reviewed and approved by following the procedures set forth in Section D of this Article, the State program, and 30 CFR 740.13(d), if applicable.
</P>
<P>Transfer, assignment or sale of permit rights on Federal lands will be processed in accordance with the State program and 30 CFR 740.13(e). Those applications that do not require a mining plan modification will be processed according to the procedures set forth in Section D of this Article. Those applications that do require a mining plan modification will be processed according to the procedures set forth in Section E of this Article.
</P>
<HD1>Article VII: Inspections
</HD1>
<P>DEP will conduct inspections on Federal lands in accordance with 30 CFR 740.4(c)(5) and prepare and file inspection reports in accordance with the State program.
</P>
<P>DEP will, subsequent to conducting any inspection on Federal lands pursuant to 30 CFR 740.4(c)(5), and on a timely basis, provide OSMRE with access to a copy of the completed State inspection report.
</P>
<P>DEP will be the point of contact and primary inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by this Agreement, except as described hereinafter. Nothing in this Agreement will prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement. The Department of the Interior may conduct any inspections necessary to comply with 30 CFR parts 842 and 843 and its obligations under laws other than SMCRA.
</P>
<P>OSMRE will give DEP reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to provide State inspectors with an opportunity to join in the inspection.
</P>
<P>When OSMRE is responding to a citizen complaint of an imminent danger to the public health and safety or of significant, imminent environmental harm to land, air or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)(C), it will contact DEP prior to the Federal inspection, if circumstances and time allow, to facilitate a joint Federal/State inspection. OSMRE will provide DEP with a copy of the inspection report within 15 days of the inspection. The Secretary reserves the right to conduct inspections without prior notice to DEP to carry out their responsibilities under SMCRA or other Federal laws. All citizen complaints that do not involve an imminent danger or significant, imminent environmental harm will be addressed using OSMRE's procedures under section 521 of SMCRA, 30 U.S.C. 1271, and the corresponding regulations under 30 CFR parts 842 and 843.
</P>
<HD1>Article VIII: Enforcement
</HD1>
<P>DEP will have primary enforcement authority on Federal lands to ensure operator compliance with the requirements of the State program and this Agreement in accordance with 30 CFR 740.4(c)(5); OSMRE retains its SMCRA enforcement authority, as specified in section 521 of SMCRA, 30 U.S.C. 1271, and the corresponding regulations under 30 CFR parts 842-846. Enforcement authority given to the Secretary under other Federal laws and Executive Orders including, but not limited to, those Federal authorities listed in Appendix A (attached) is reserved to the Secretary.
</P>
<P>During any joint inspection by DEP and OSMRE, DEP will have primary responsibility for taking enforcement actions, including issuance of orders of cessation, notices of violation, and assessment of civil or criminal penalties. DEP must inform OSMRE and any Federal land management agency prior to issuance of any decision to suspend or revoke a permit on Federal lands.
</P>
<P>A permit to conduct coal exploration or surface coal mining and reclamation operations on Federal lands may be suspended or revoked by DEP pursuant to the State program.
</P>
<P>If a permit to conduct surface coal mining and reclamation operations on lands containing leased Federal coal is suspended or revoked, the DEP must notify BLM so it can determine whether action should be taken to cancel the Federal lease pursuant to 30 CFR 740.13(f)(2).
</P>
<P>During any inspection made solely by OSMRE or any joint inspection where DEP and OSMRE fail to agree regarding the propriety of any particular enforcement action, OSMRE may take any enforcement action necessary to comply with 30 CFR parts 843, 845, and 846. Such enforcement action will be based on the standards in the State program, SMCRA or both and will be taken using the procedures and penalty system contained in 30 CFR parts 843, 845, and 846.
</P>
<P>DEP and OSMRE will promptly notify each other and any Federal land management agency of all violations of applicable laws, regulations, orders or approved mining permits subject to this Agreement and of all actions taken with respect to such violations.
</P>
<P>Consistent with applicable law, personnel of DEP and the Department of the Interior, including OSMRE, will be mutually available to serve as litigation witnesses in enforcement actions taken by either party.
</P>
<P>This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal authorities other than SMCRA. Appendix A of this Agreement lists some, but not all, of the Federal authorities other than SMCRA that may be relevant to this Agreement.
</P>
<HD1>Article IX: Bonds
</HD1>
<P>DEP and the Secretary will require each operator who conducts coal exploration operations or surface coal mining and reclamation operations on Federal lands to submit a performance and/or penal bond payable to both the State of West Virginia and the United States to cover the operator's responsibilities under SMCRA and the State program. The performance and/or penal bond will be conditioned upon compliance with the requirements of SMCRA, the State program, other State or Federal laws and regulations, and any other requirements imposed by the Secretary or any Federal land management agency. Such bond will provide that if this Agreement is suspended or terminated, the portion of the bond covering Federal lands will be converted to a full-cost reclamation bond and made payable only to the United States. Before termination, DEP will assist OSMRE in obtaining the full-cost reclamation bond from the operator for those areas where only Federal lands are covered by the bond. If applicable, DEP will advise OSMRE of any annual adjustments to the performance and/or penal bond pursuant to the State program.
</P>
<P>Performance and/or penal bonds will be subject to release and forfeiture in accordance with the procedures and requirements of the State program. Where coal exploration operations or surface coal mining and reclamation operations are conducted on Federal lands, the performance and/or penal bond must be released by the State upon compliance with all applicable State and Federal requirements and after the release is concurred in by OSMRE. OSMRE's concurrence will include coordination with any Federal land management agency and any other agency with jurisdiction or responsibility over Federal lands affected by the coal exploration operation or surface coal mining and reclamation operation.
</P>
<P>In the event of forfeiture by an operator of a performance and/or penal bond for a coal exploration operation or a surface coal mining and reclamation operation on Federal lands covered by this Agreement, the State must use funds received from the forfeited bond and, where necessary, funds from the West Virginia Special Reclamation Fund and/or the Special Reclamation Water Trust Fund, pursuant to W. Va. Code § 22-3-11, to ensure that complete reclamation is accomplished in accordance with the State program, the reclamation plan of the permit, and the mining plan prior to revocation or any modification thereto.
</P>
<P>Submission of a performance and/or penal bond does not satisfy the requirements for a Federal lease bond required by 43 CFR subpart 3474 or lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of SMCRA. Where Federal lease or lessee protection bonds are required, OSMRE or the appropriate Federal agency is responsible for the collection and maintenance of such bonds.
</P>
<P>If a Federal lease bond is required, as provided by 30 CFR 740.15, such bond may be released by the applicable Federal agency upon satisfactory compliance with all applicable requirements of 43 CFR part 3400 and after the release is concurred in by BLM.
</P>
<HD1>Article X: Designating Land Areas Unsuitable for all or Certain Types of Surface Coal Mining and Reclamation Operations and Activities and Valid Existing Rights (VER) and Compatibility Determinations
</HD1>
<HD2>A. Unsuitability Petitions
</HD2>
<P>The authority to designate Federal lands as unsuitable for mining pursuant to a 30 CFR part 769 petition is reserved by the Secretary as provided by 30 CFR 745.13(a).
</P>
<P>OSMRE will consider the minimum criteria set forth in 30 CFR part 762 when evaluating each petition for designating an area as unsuitable for mining. In addition, OSMRE will process all requests for designating Federal lands as unsuitable for mining or for terminating previous designations in accordance with 30 CFR part 769.
</P>
<P>When either DEP or OSMRE receives a petition to designate land areas unsuitable for all or certain types of surface coal mining operations that could impact adjacent Federal or non-Federal lands pursuant to section 522(c) of SMCRA, the agency receiving the petition will notify the other of its receipt within 5 calendar days and the anticipated schedule for reaching a decision and request and fully consider data, information, and recommendations of the other. OSMRE will coordinate with any Federal land management agencies with jurisdiction over the petition area and will solicit comments from any such agency.
</P>
<HD2>B. Valid Existing Rights Determinations
</HD2>
<P>The following actions will be taken when requests for determinations of VER pursuant to section 522(e) of SMCRA and 30 CFR 761.11 are received prior to or at the time of submission of a permit application that involves surface coal mining and reclamation operations and activities:
</P>
<P>For Federal lands within the boundaries of any areas specified under section 522(e)(1) of SMCRA and 30 CFR 761.11(a), OSMRE will determine whether VER exists for such areas pursuant to 30 CFR 745.13(o).
</P>
<P>For Federal lands within the boundaries of any national forest where proposed operations are prohibited by section 522(e)(2) of SMCRA and 30 CFR 761.11(b), OSMRE will make the VER determinations pursuant to 30 CFR 745.13(o). OSMRE will process requests for determinations of compatibility under section 522(e)(2) of SMCRA and 30 CFR 761.13.
</P>
<P>For private in-holdings within areas protected under 30 CFR 761.11(a) and SMCRA section 522(e)(1), DEP will process the VER request, in accordance with the State program, but use the Federal VER definition at 30 CFR 761.5 when making the VER determination.
</P>
<P>For any lands, DEP will determine whether any proposed operation will adversely affect any publicly owned park or, in consultation with the State Historic Preservation Officer, sites listed on the National Register of Historic Places, with respect to the prohibitions or limitations of section 522(e)(3) of SMCRA and 30 CFR 761.11(c). DEP will make the VER determination for such lands using the approved State program definition of VER. DEP will coordinate with any affected agency or agency with jurisdiction over the proposed surface coal mining and reclamation operations.
</P>
<P>In the case that VER is determined not to exist under section 522(e)(3) of SMCRA or 30 CFR 761.11(c), no surface coal mining operations will be permitted unless jointly approved by DEP and the Federal, State or local agency with jurisdiction over the publicly owned park or historic place.
</P>
<HD2>C. Compatibility Determinations
</HD2>
<P>As provided by 30 CFR 740.4(a)(5), the Secretary is responsible for the issuance of findings concerning whether there are significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations incident to underground mining on Federal lands within the boundaries of a national forest protected pursuant to section 522(e)(2) of SMCRA and 30 CFR 761.11(b). OSMRE will process requests for compatibility determinations in accordance with the procedures set forth at 30 CFR 761.13.
</P>
<HD1>Article XI: Termination of Cooperative Agreement
</HD1>
<P>This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XII: Reinstatement of Cooperative Agreement
</HD1>
<P>If this Agreement has been terminated in whole or in part, it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XIII: Amendment of Cooperative Agreement
</HD1>
<P>This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIV: Changes in State or Federal Standards
</HD1>
<P>The Secretary or the Governor may from time to time promulgate new or revised performance standards or reclamation requirements or enforcement and administration procedures. Each party will, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations or request necessary legislative action. Such changes will be made under the procedures of 30 CFR part 732 for changes to the State program and under the procedures of sections 501 and 523 of SMCRA for changes to the Federal lands program.
</P>
<P>DEP and OSMRE will provide each other with copies of any changes to their respective laws, rules, regulations, or standards pertaining to the enforcement and administration of this Agreement.
</P>
<P>Changes in State law or regulations cannot take effect for the purposes of this Agreement until they have been approved by OSMRE pursuant to 30 CFR 732.17.
</P>
<HD1>Article XV: Changes in Personnel and Organization
</HD1>
<P>In accordance with 30 CFR part 745, each party to this Agreement will notify the other, when necessary, of any changes in personnel, organization, and funding or other changes that may affect the implementation of this Agreement to ensure coordination of responsibilities and to facilitate cooperation.
</P>
<HD1>Article XVI: Reservation of Rights
</HD1>
<P>As provided by 30 CFR 745.13, this Agreement will not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement and that the State or the Secretary may have under laws other than SMCRA or their regulations including, but not limited to, those listed in Appendix A.


</P>
<HD1>Appendix A
</HD1>
<P>1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations.
</P>
<P>2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> and implementing regulations, including 43 CFR part 3400 and 30 CFR part 746.
</P>
<P>3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 <I>et seq.,</I> and implementing regulations, including 40 CFR part 1500.
</P>
<P>4. The Endangered Species Act, as amended, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations, including 50 CFR part 402.
</P>
<P>5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 <I>et seq.;</I> 48 Stat. 401.
</P>
<P>6. The Bald and Golden Eagle Protection Act of 1940, as amended, 16 U.S.C. 668-668d, and implementing regulations.
</P>
<P>7. The Migratory Bird Treaty Act, as amended, 16 U.S.C. 701-718h <I>et seq.</I>
</P>
<P>8. The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations, including 36 CFR part 800.
</P>
<P>9. The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations.
</P>
<P>10. The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations.
</P>
<P>11. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations.
</P>
<P>12. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I>
</P>
<P>13. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands.
</P>
<P>14. Executive Order 11988 (May 24, 1977), for flood plain protection.
</P>
<P>15. Executive Order 11990 (May 24, 1977), for wetlands protection.
</P>
<P>16. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations.
</P>
<P>17. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 <I>et seq.</I>
</P>
<P>18. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa <I>et seq.,</I> as amended.
</P>
<P>19. The Constitution of the United States.
</P>
<P>20. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 <I>et seq.,</I> as amended.
</P>
<P>21. 30 CFR Chapter VII.
</P>
<P>22. The Constitution of the State of West Virginia.
</P>
<P>23. West Virginia Department of Environmental Protection Permanent Regulatory Program at 30 CFR part 948, as amended.
</P>
<P>24. West Virginia Surface Coal Mining and Reclamation Act at W.Va. Code § 22-3-1 <I>et seq.</I>
</P>
<P>25. West Virginia Department of Environmental Protection, Surface Mining Reclamation Regulations, CSR § 38-2-1 <I>et seq.</I>
</P>
<P>26. The Office of Explosives and Blasting at W.Va. Code § 22-3A-1 <I>et seq.</I>
</P>
<P>27. The West Virginia Surface Mining Blasting Rule, CSR § 199-1-1 <I>et seq.</I>
</P>
<CITA TYPE="N">[91 FR 8079, Feb. 20, 2026]






</CITA>
</DIV9>

</DIV5>


<DIV5 N="950" NODE="30:3.0.1.18.116" TYPE="PART">
<HEAD>PART 950—WYOMING
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1201 <I>et seq.</I>


</PSPACE></AUTH>

<DIV8 N="§ 950.1" NODE="30:3.0.1.18.116.0.1.1" TYPE="SECTION">
<HEAD>§ 950.1   Scope.</HEAD>
<P>This part contains all rules applicable only within the State of Wyoming which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
</P>
<SECAUTH TYPE="N">(Sec. 503, Pub. L. 95-87 (30 U.S.C. 1253)) 
</SECAUTH>
<CITA TYPE="N">[45 FR 78684, Nov. 26, 1980]


</CITA>
</DIV8>


<DIV8 N="§ 950.10" NODE="30:3.0.1.18.116.0.1.2" TYPE="SECTION">
<HEAD>§ 950.10   State regulatory program approval.</HEAD>
<P>The Wyoming permanent program as submitted on August 15, 1979 and as revised on October 23, 1979 and May 30, 1980, is approved effective November 26, 1980. Copies of the approved program are available at:
</P>
<P>(a) Office of Surface Mining Reclamation and Enforcement, Casper Field Office, 100 East B Street, room 2128, Casper, Wyoming 82601-1918, Telephone: (307) 261-5776.
</P>
<P>(b) Wyoming Department of Environmental Quality, Land Quality Division, Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002, Telephone: (307) 777-7756.
</P>
<CITA TYPE="N">[56 FR 3219, Jan. 29, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 950.12" NODE="30:3.0.1.18.116.0.1.3" TYPE="SECTION">
<HEAD>§ 950.12   State program provisions and amendments not approved.</HEAD>
<P>The following provisions of the Rules and Regulations of the Land Quality Division of the Wyoming Department of Environmental Quality are not approved:
</P>
<P>(a)-(b) [Reserved]
</P>
<CITA TYPE="N">[78 FR 43063, July 19, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 950.15" NODE="30:3.0.1.18.116.0.1.4" TYPE="SECTION">
<HEAD>§ 950.15   Approval of Wyoming regulatory program amendments.</HEAD>
<P>The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 26, 1981, April 8, 1981</TD><TD align="left" class="gpotbl_cell">February 18, 1982</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch I, § 2(14) defining “complete application;” Ch II, §§ 1.c., 2.a.(1)(f)(ii), 3.a(6)(b)(iii), (d)(ii); Ch IV, §§ 2.c.(2)(a), 2.d.(6), 3.p.(1)(a); sworn applicant statement regarding reclamation fees payment. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 26, 1982</TD><TD align="left" class="gpotbl_cell">September 27, 1982</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch I, § 2(99).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 3, 8 and 21, 1983</TD><TD align="left" class="gpotbl_cell">November 9, 1983</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-103(e) (xxii), (xxiii) defining “complete application,” “deficiency” in permit applications, “interim mine stabilization;” W.S. 35-11-401(n), 406(h); LQD Rules, Ch I, § 2; Ch XIII, § 2; Ch XVI, §§ 1 through 6.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 25, 1984</TD><TD align="left" class="gpotbl_cell">February 28, 1985</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch IV, §§ 1, 2; Ch XII, §§ 1 through 7; Ch XVII, §§ 1 through 3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 21, 1984</TD><TD align="left" class="gpotbl_cell">December 3, 1985</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch I, § 2; Ch XIII.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 12, 1984</TD><TD align="left" class="gpotbl_cell">December 13, 1985</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch VI, § 6.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 19, 1985</TD><TD align="left" class="gpotbl_cell">January 2, 1986</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch X, and accompanying Appendix A.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 10, 1985</TD><TD align="left" class="gpotbl_cell">March 31, 1986</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch II, § 3; Ch III, § 2; Ch V, §§ 1, 6, 7; Ch VI, §§ 2 through 5; Ch VII, §§ 1 through 4; Ch XI, §§ 1 through 4, 6; Ch XVI, §§ 1 through 5; Ch XVIII, §§ 1 through 5.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 1, 1986</TD><TD align="left" class="gpotbl_cell">November 24, 1986</TD><TD align="left" class="gpotbl_cell">LQD Rules, Chs I, II, III, IV, IX, XII, XIV, XXIII; Appendix A, “Vegetation Sampling Methods and Reclamation Success Standards for Surface Coal Mining Operations”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 13, 1985</TD><TD align="left" class="gpotbl_cell">May 6, 1987</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch XII, “Self-Bonding Program”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 31, 1989</TD><TD align="left" class="gpotbl_cell">July 25, 1990</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch I, § 2; Ch II, §§ 2, 3; Ch IV, §§ 2, 3; Ch V, §§ 2, 6, 7; Ch VI, §§ 3, 4; Ch VII, §§ 1, 4; Ch IX, §§ 1, 2, 3; Ch XI, §§ 1, 3; Ch XII, §§ 1 through 4, 6; Ch XIII, § 1; Ch XIV, §§ 1, 2; Ch XVI, §§ 1, 3, 4; Ch XVII, §§ 1, 2; Ch XVIII, §§ 1, 3.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 1, 1986</TD><TD align="left" class="gpotbl_cell">January 29, 1991</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch IV, §§ 3(h)(iii)(A), (B); Ch VI, § 3(c)(ii)(C)(I).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 21, 1991</TD><TD align="left" class="gpotbl_cell">July 8, 1992</TD><TD align="left" class="gpotbl_cell">W.S. Article 1, subsection 35-11-103(e) (xxvi), (xxvii); Article 4, subsection 35-11-402(b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 24, 1991</TD><TD align="left" class="gpotbl_cell">October 29, 1992</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-103(d)(ii)(D); LQD Rules, Ch I, §§ 2(br), (ba), 3(b)(i); Ch II, §§ 3(a)(vi)(E), (M), (b)(xvi)(D), (xx), (v)(C); Ch IV, §§ 3(d)(vii), (e)(i)(H); Ch XI, § 2(b)(iv); Ch XII, § 1(a); Ch XIII, § 1(a)(v)(A); Ch XXI, § 3(b)(vii), (x).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 19, 1993</TD><TD align="left" class="gpotbl_cell">August 23, 1993</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-406(h), (j).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 8, 1992</TD><TD align="left" class="gpotbl_cell">October 7, 1993</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch II, § 3(b)(iv)(B); Ch IV, § 3(o)(iv); Appendix B, “Wildlife Monitoring Requirements for Surface Coal Mining Operations”.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 24, 1992</TD><TD align="left" class="gpotbl_cell">November 2, 1993</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch I, § 2(e); Ch II, § 3(a)(i)(D); Ch XIV, §§ 2(b)(i), 6(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">August 18, 1982, March 9, 1993</TD><TD align="left" class="gpotbl_cell">January 24, 1994</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-437(f); LQD Rules, Ch I, § 2(cv) defining “toxic materials;” Ch II, § 7; Ch V pertaining to the award of costs and expenses in administrative proceedings; Ch VI pertaining to informal review by the Director.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 15, 1992, August 6, 1993</TD><TD align="left" class="gpotbl_cell">March 30, 1994</TD><TD align="left" class="gpotbl_cell">LQD Rules, Chs I through XX, Appendices A, B.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 1, 1986</TD><TD align="left" class="gpotbl_cell">June 30, 1994</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch IV, § 2(b)(i).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 13, 1994</TD><TD align="left" class="gpotbl_cell">October 21, 1994</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-437(f), (g).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 8, 1994</TD><TD align="left" class="gpotbl_cell">March 17, 1995</TD><TD align="left" class="gpotbl_cell">Appendix B, §§ C, E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 2, 1995</TD><TD align="left" class="gpotbl_cell">September 14, 1995</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-406(j).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 21, 1995</TD><TD align="left" class="gpotbl_cell">February 21, 1996</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-1206(a), (b), -1209(a), (b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 29, 1995</TD><TD align="left" class="gpotbl_cell">August 6, 1996</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-103(e)(xxviii), (xxix), (xxx); 35-11-402(b), (c); Ch I, § 2(ac), (ax), (bc)(iii), (viii), (xi), (v), (w); Ch. II, § 2(a)(vi)(G)(II), (b)(iv)(C); Ch IV, § 2(d)(x)(E)(I), (II), (III), appendix A; Ch X, § 4(e); Ch XI, § 5(a); Ch. XIII, § 1(a).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 18, 1996</TD><TD align="left" class="gpotbl_cell">August 27, 1996</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-426(a), (b); 35-11-431(a)(vi).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 13, 1998</TD><TD align="left" class="gpotbl_cell">October 1, 1999</TD><TD align="left" class="gpotbl_cell">Chapter 1, Section 2(ac); Chapter 1, Section 2(v); Chapter 2, Section 1(e); Chapter 2, Section 2(a)(vi)(G)(II); Chapter 2, Section 2(a)(vi)(H); Chapter 2, Section 2(a)(vi)(J); Chapter 2, Section 2(a)(vi)(J)(II); Chapter 2, Section 2(b)(iv)(C); Chapter 2, Section 2(b)(vi)(C); Chapter 4, Section 2(c)(ix); Chapter 4, Section 2(d)(x)(E)(I); Chapter 4, Section e(d)(x)(E)(III); Chapter 8, Sections 3-4-5; Chapter 12, Section 1(a)(iv)(B); Chapter 12, Section 1(a)(v)(C); Chapter 12, Section 1(b)(ii); Chapter 16, Sections 3 (c) and (f); Appendix A, Appendix IV; Appendix A, Options I-IV; Appendix A, Section II.C.2.c; Appendix A, Section II.C.3; Appendix A, Section VIII.E.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 20, 2001</TD><TD align="left" class="gpotbl_cell">November 6, 2002</TD><TD align="left" class="gpotbl_cell">Ch. 2, Sec. 2(a)(vi)(L)(III); Ch. 2, Sec. 2(a)(vi)(L)(iv); Ch. 2, Sec. 2(a)(vi)(M)(III); Ch. 2, Sec. 2(a)(vi)(M)(III)(4); Ch. 2, Sec. 2(a)(vi)(O); Ch. 2, Sec. 2(b)(xi)(D)(I)(1); Ch. 2, Sec. 2(b)(xi)(D)(I)(2); Ch. 2, Sec. 2(b)(xi)(D)(I)(3); Ch. 2, Sec. 2(b)(xi)(D)(II)(1 and 2); Ch. 2, Sec. 2(b)(xii); Ch. 3, Sec. 2(c)(viii)(D)-(G); Ch. 4, Sec. 2(c)(xii)(D)(iv); Ch. 4, Sec. 2(i)(i); Ch. 4, Sec. 2(w); Appendix A, Appendix IV; 30 CFR 950.12(a)(4); 30 CFR 950.16(ii)(2); 30 CFR 950.16(jj).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 30, 2002</TD><TD align="left" class="gpotbl_cell">May 8, 2003</TD><TD align="left" class="gpotbl_cell">Chapter 1, Section 2(by). Chapter 4, Section 2(b)(iv). Chapter 11, Sections 1(a), 2(a), 3(b), 3(c), 4(a). Chapter 12, Section 1(b), Section 2(d)(iii). Chapter 13, Section 1(a), (b), (c), (d)(iv)(D). Chapter 15, Section 7.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">November 28, 2002</TD><TD align="left" class="gpotbl_cell">November 5, 2003</TD><TD align="left" class="gpotbl_cell">Chap. 1, Section 2, 2(a), 2(b) Chap. 1, Section 2(ah) Chap. 1, Section 2(bu) Chap. 1, Section 2(bz) Chap. 2, Section 2(a) and (b) Chap. 2, Section 2(a)(v), 2(a)(v)(I)(1), 2(b)(iii) and 2(b)(xxi) Chap. 2, Section 2(b)(i)(D)(V) Chap. 2, Section 2(b)(iv)(G) Chap. 2, Section 2(b)(xix) Chap. 4, Section 2(c)(i)(A) Chap. 4, Section 2(c)(xi)(F) Chap. 4, Section 2(c)(xi)(G) Chap. 4, Section 2(j) Chap. 4, Section 2(j)(i)(A) Chap. 4, Section 2(j)(ii) Chap. 4, Section 2(j)(iii) Chap. 4, Section 2(j)(iii)(B) Chap. 4, Section 2(j)(iii)(C)(I) Chap. 4, Section 2(j)(iii)(C)(II) Chap. 4, Section 2(j)(iii)(C)(III) Chap. 4, Section 2(j)(iii)(C)(v) Chap. 4, Section 2(j)(iii)(D) Chap. 4, Section 2(j)(iv) Chap. 4, Section 2(j)(v) Chap. 4, Section 2(j)(vi) Chap. 4, Section 2(j)(vii) Chap. 4, Section 2(j)(viii) Chap. 4, Section 2(m) Chap. 4, Section 2(n)(ii)(B)(2) Chap. 4, Section 2(x) Chap. 5, Section 7(a)(ii) Chap. 12, Section 1(a)(v) Chap. 18, Section 3(c)(xvii), Section 3(d)(vi)(A), Section 3(d)(x) Appendix A, Appendix IV
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">May 21, 2004</TD><TD align="left" class="gpotbl_cell">April 4, 2005</TD><TD align="left" class="gpotbl_cell">Coal Rules: Chapter 1, sections 2(l) and (ce); chapter 4, sections 2(b)(iv)(A), (b)(ix), (b)(ix)(A), (B), and (C); Chapter 10, sections 1, 1(b)(iii), 2(b), (b)(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), and (xii), 3(b), 4(e), 8, 8(a), 8(b), (b)(i), (ii), (ii)(A), (ii)(B), (ii)(C), (iii), and (iv).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 24, 2005</TD><TD align="left" class="gpotbl_cell">August 28, 2006</TD><TD align="left" class="gpotbl_cell">Chapter 4, Section 2(b)(iv) Chapter 4, Section 2(d)(ix) Chapter 4, Section 2(d)(x) Chapter 4, Section 2(d)(x), Appendix A, Subsection III.A; VII.E; VIII.A &amp; VIII.F Chapter 4, Section 2(d)(x)(E)(I)&amp;(II) Chapter 4, Section 2(d)(x)(E)(III) &amp; (F) Chapter 4, Section 2(d)(x)(J) Chapter 4, Section 2(d)(xiv) Chapter 15, Section 1(a) Chapter 15, Section 1(b)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 7, 2006</TD><TD align="left" class="gpotbl_cell">October 14, 2009</TD><TD align="left" class="gpotbl_cell">Chapter 11, Section 2(a)(vii)(A). 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">October 15, 2009</TD><TD align="left" class="gpotbl_cell">June 14, 2011</TD><TD align="left" class="gpotbl_cell">Chap. 1, Section 2(f); Chap. 1, Section 2(j); Chap. 1, Section 2(k); Chap. 1, Section 2(l); Chap. 1, Section 2(m); Chap. 1, Section 2(n); Chap. 1, Section 2(p); Chap. 1, Section 2(r); Chap. 1, Section 2(s); Chap. 1, Section 2(z); Chap. 1, Section 2(aa); Chap. 1, Section 2(ab); Chap. 1, Section 2(ae); Chap. 1, Section 2(ak); Chap. 1, Section 2(am); Chap. 1, Section 2(ao); Chap. 1, Section 2(ap); Chap. 1, Section 2(as); Chap. 1, Section 2(az); Chap. 1, Section 2(bd); Chap. 1, Section 2(be); Chap. 1, Section 2(bf); Chap. 1, Section 2(bg); Chap. 1, Section 2(bm); Chap. 1, Section 2(bs); Chap. 1, Section 2(bu); Chap. 1, Section 2(bv); Chap. 1, Section 2(by)(ii); Chap. 1, Section 2(bz); Chap. 1, Section 2(ca); Chap. 1, Section 2(cb); Chap. 1, Section 2(cc); Chap. 1, Section 2(cg); Chap. 1, Section 2(cj); Chap. 1, Section 2(cl); Chap. 1, Section 2(cm); Chap. 1, Section 2(co); Chap. 1, Section 2(cs); Chap. 1, Section 2(cu); Chap. 1, Section 2(cx); Chap. 1, Section 2(da); Chap. 1, Section 2(df); Chap. 1, Section 2(dg); Chap. 1, Section 2(dh); Chap. 1, Section 2(di); Chap. 1, Section 2(dl); Chap. 1, Section 2(dm); Chap. 1, Section 2(dp); Chap. 1, Section 2(ds); Chap. 1, Section 2(dt); Chap. 1, Section 2(dv); Chap. 1, Section 2(dw); Chap. 1, Section 2(dx); Chap. 1, Section 2(dy); Chap. 1, Section 2(dz); Chap. 1, Section 2(ef); Chap. 1, Section 2(eg); Chap. 1, Section 2(el); Chap. 1, Section 2(eo); Chap. 1, Section 2(es); Chap. 1, Section 2(eu); Chap. 1, Section 2(ex); Chap. 1, Section 2(ey); Chap. 1, Section 2(ez); Chap. 1, Section 2(fe); Chap. 1, Section 2(ff); Chap. 1, Section 2(fm); Chap. 1, Section 2(fn); Chap. 2, Section 2(b)(iv)(C); Chap. 2, Section 2(c)(xii)(D)(II); Chap. 2, Section 3(a)-(m); Chap. 2, Section 6(b)(iii)(D); Chap. 2, Section 6(b)(iii)(E)(VIII); Chap. 2, Section 6(b)(iii)(G); Chap. 4, Section 2(c)(xii)(D)(II) Chap. 4, Section 2(d)(i)(G); Chap. 4, Section 2(d)(i)(I); Chap. 4, Section 2(d)(i)(M)(I) and (III)-(XI); Chap. 4, Section 2(d)(i)(N); Chap. 4, Section 2(g)(iv)(L) Chap. 4, Section 2(g)(iv)(M); Chap. 4, Section 2(g)(v)(A); Chap. 4, Section 2(g)(v)(B); Chap. 5, Section 2(b) (iii); also all minor, editorial, and codification changes and all reorganized or relocated rules.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 28, 2011</TD><TD align="left" class="gpotbl_cell">February 14,2013</TD><TD align="left" class="gpotbl_cell">Chap. 1, Sec. 2(fl)(i); Chap. 1, Sec. 2(fl)(ii)(A) and (B)(I)-(III); Subsections (A)-(D) of Chap. 1, Sec. 2(fl)(iii); Chap. 1, Sec. 2(fl)(iv)(A) and (B); Chap. 2, Sec. 2(a)(v)(A)(II); Chap. 2, Sec. 5(a)(xx) and (xxi); Chap. 4, Sec. 2(c)(xiii)(C) and (D); Chap. 7, Sec. 1(a)(i)(A) and (B); Chap. 7, Sec. 2(b)(ix); Chap. 10, Sec. 2(a); Chap. 10, Section 2(b)(xiii); Chap. 10, Sec. 3(c)(iv); Subsections (1.)-(9.) of Chap. 12, Sec. 1(a)(vii)(A)(I); Chap. 12, Sec. 1(a)(v)(B); Chap. 12, Sec. 1(a)(vi); Chap. 12, Sec. 1(a)(vii)(A)(II) (1.)-(3.) and (III); Subsections (1.)-(3.) of Chap. 12, Sec. 1(a)(vii)(A)(IV); Chap. 12, Sec. 1(a)(vii)(B)(II) and (III); Chap. 12, Sec. 1(a)(vii)(C)(I)(1.) and (2.); Subsections e.-h. of Chap. 12, Sec. 1(a)(vii)(C)(I)(3.); Chap. 12, Sec. 1(a)(vii)(C)(II)(1.); Chap. 12, Sec. 1(a)(vii)(D)(II); Chap. 12, Sec. 1(a)(vii)(D)(IV) and (V)(1.) and (2.); Chap. 12, Sec. 1(a)(vii)(G)(I)(1.), (2.), and (3.), (II), and (III)(1.); Chap. 16, Sec. 4(a)(i) and (ii)(A) and (B); Chap. 16, Sec. 4(b)(ii); Chap. 16, Sec. 4(c)(i)(B)-(C); Chap. 16, Sec. 4(c)(ii); Chap. 16, Sec. 4(d)(i), (ii)(A) and (B), and (iii); Chap. 16, Sec. 4(e)(i)-(iii); also all minor, editorial, and codification changes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 4, 2013</TD><TD align="left" class="gpotbl_cell">March 31, 2014</TD><TD align="left" class="gpotbl_cell">Chap. 1, Sec. 2(fl) (ii) (B)(IV); Chap. 1, Sec. 2(fl)(iii); Chap. 12, Sec. 1(a)(v)(D); Chap. 12, Sec. 1(a)(vii)(A)(I); Chap. 12, Sec. 1(a)(vii)(A)(IV); Chap. 12, Sec. 1(a)(vii)(B)(I); Chap. 12, Sec. 1(a)(vii)(B)(IV); Chap. 12, Sec. 1(a)(vii)(C)(I)(3.)(a)-(d); Chap. 12, Sec. 1(a)(vii)(C)(II)(2.); Chap. 12, Sec. 1(a)(vii)(C)(III); Chap. 12, Sec. 1(a)(vii)(D)(I); Chap. 12, Sec. 1(a)(vii)(D)(III)(1.) and (2.); Chap. 12, Sec. 1(a)(vii)(E); Chap. 12, Sec. 1(a)(vii)(G)(III)(2.); Chap. 16, Sec. 4(a)(iii); Chap. 16, Sec. 4(b)(i).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">January 8, 2013</TD><TD align="left" class="gpotbl_cell">December 7, 2017</TD><TD align="left" class="gpotbl_cell">Chapter 1 (Title); Chap. 1, Sec. 2(i); Chap. 1, Sec. 2(u)(ii); Chap. 1, Sec. 2(aw); Chap. 1, Sec. 2(az); Chap. 1, Sec. 2(br); Chap. 1, Sec. 2(bz); Chap. 1, Sec. 2(ca); Chap. 1, Sec. 2(cg); Chap. 1, Sec. 2(co); Chap. 1, Sec. 2(cr); Chap. 1, Sec. 2(cv); Chap. 1, Sec. 2(dd); Chap. 1, Sec. 2(df); Chap. 1, Sec. 2(ds); Chap. 1, Sec. 2(ez); Chap. 1, Sec. 2(fi); Chap. 1, Sec. 2(fs); Chap. 1, Sec. 3(b)(i) and (c); Chap. 2, Sec. 1(a); Chap. 2, Sec. 1(c); Chap. 2, Sec. 2(a); Chap. 2, Sec. 2(a)(i)(C)-(E); Chap. 2, Sec. 2(a)(i)(F); Chap. 2, Sec. 2(a)(i)(G); Chap. 2, Sec. 2(a)(ii)(A)(II) and (III); Chap. 2, Sec. 2(a)(ii)(B); Chap. 2, Sec. 2(a)(iv); Chap. 2, Sec. 2(a)(v)(A) (I)(2.) and (III); Chap. 2, Sec. 4(a)(xvii); Chap. 2, Sec. 5(a)(viii)(A); Chapter 4 (Title); Chap. 4, Sec. 2(c)(v)(A); Chap. 4, Sec. 2(l)(ii)(F); Chap. 12, Sec. 1(a)(viii); Chap. 12, Sec. 1(a) (viii)(A) and (C); Chap. 12, Sec. 1(a)(ix)(A)-(F); Chap. 12, Sec. 1(a)(x)(A)-(C); Chap. 12, Sec. 1(a)(x)(D) (II)-(IV); Chap. 12, Sec. 1(a)(xi); Chap. 12, Sec. 1(a)(xii); Chap. 12, Sec. 1(a)(xiii) (A)-(C); Chap. 12, Sec. 1(a)(xiv)(A, B, D, and (E); Chap. 12, Sec. 1(a)(xiv)(G) (I)-(IX); Chap. 12, Sec. 1(b); Chap. 16, Sec. 2(h); Chap. 16, Sec. 2(j); also all minor punctuation, grammatical, and codification changes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 30, 2014</TD><TD align="left" class="gpotbl_cell">December 4, 2019</TD><TD align="left" class="gpotbl_cell">Chap. 1, Sec. 2(aa)(i)-(iii), definition of control or controller; Chap. 1, Sec. 2(co), notice of violations; Chap. 2 (Title); Chap. 2, Sec. 2(a)(i)(B), related to adjudication requirements; Chap. 2, Sec. 2(a)(ii)(A)(I), related to adjudication requirements; Chap. 2, Sec. 2(a)(ii)(A)(II), related to adjudication requirements; Chap. 2, Sec. 2(a)(ii)(B), related to adjudication requirements; Chap. 6 (Title); Chap. 6, Sec. 4(b)(i)(A), related to blasting standards; Chap. 12, Sec. 1(a)(vii)(A), related to permitting procedures; Chap. 12, Sec. 1(a)(vii)(B)(IV), related to permitting procedures; Chap. 12, Sec. 1(a)(vii)(E), related to permitting procedures; Chap. 12, Sec. 1(a)(vii)(F), related to permitting procedures; Chap. 12, Sec. 1(a)(x), related to permitting procedures; Chap. 12, Sec. 1(a)(x)(D)(I), related to permitting procedures; Chap. 12, Sec. 1(a)(xiv)(C) related to permitting procedures; Chap. 12, Sec. 1(a)(xiv)(D)(II), related to permitting procedures; Chap. 12, Sec. 1(a)(xiv)(F), related to permitting procedures; Chap. 12, Sec. 1(b)(ii), related to permitting procedures; Chap. 16, Sec. 2(h), related to enforcement; Chap. 16, Sec. 4(c)(i), related to individual civil penalties; Chap. 16, Sec. 4(c)(i)(A), related to individual civil penalties; and also all minor grammatical changes.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 14, 2021</TD><TD align="left" class="gpotbl_cell">January 19, 2024</TD><TD align="left" class="gpotbl_cell">LQD Rules, Ch XIV, §§ 1 through 7.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">June 4, 2021</TD><TD align="left" class="gpotbl_cell">January 13, 2025</TD><TD align="left" class="gpotbl_cell">State initiative outlining rules regarding how decommissioned wind turbine blades and towers can be used as backfill in open surface coal mine pits, while updating Chapter 2 Permit Application Requirements for Surface Coal Mining Operations to provide consistency with the Wyoming Secretary of State's Rules on Rules and correct grammatical errors.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9958, Mar. 5, 1997, as amended at 64 FR 53208, Oct. 1, 1999; 67 FR 67547, Nov. 6, 2002; 68 FR 24652, May 8, 2003; 68 FR 62523, Nov. 5, 2003; 70 FR 16954, Apr. 4, 2005; 71 FR 50855, Aug. 28, 2006; 74 FR 52685, Oct. 14, 2009; 76 FR 34835, June 14, 2011; 79 FR 17868, Mar. 31, 2014; 82 FR 57674, Dec. 7, 2017; 84 FR 66315, Dec. 4, 2019; 89 FR 3569, Jan. 19, 2024; 90 FR 2620, Jan. 13, 2025]





</CITA>
</DIV8>


<DIV8 N="§ 950.16" NODE="30:3.0.1.18.116.0.1.5" TYPE="SECTION">
<HEAD>§ 950.16   Required program amendments.</HEAD>
<P>Pursuant to 30 CFR 732.17, Wyoming is required to submit for OSMRE's approval the following required amendments by the dates specified.
</P>
<P>(a) By September 15, 2024, Wyoming shall correct the provision in Chapter 14, where the final word in the provision, “location,” was inadvertently used in place of “condition,” as previously approved.
</P>
<P>(b) By September 15, 2024, Wyoming shall add the word “Division” to the “Land Quality Coal Rules and Regulations” as referenced in Chapter 14, Subsections 3(c), 3(d), 3(e), and 4(d).
</P>
<CITA TYPE="N">[89 FR 3569, Jan. 19, 2024]




</CITA>
</DIV8>


<DIV8 N="§ 950.20" NODE="30:3.0.1.18.116.0.1.6" TYPE="SECTION">
<HEAD>§ 950.20   State-Federal Cooperative Agreement.</HEAD>
<P>The Governor of the State of Wyoming (State) acting by and through the Department of Environmental Quality, Land Quality Division (Division), and the Secretary of the Department of the Interior (Department) acting by and through the Office of Surface Mining Reclamation and Enforcement (OSMRE), enter into a Cooperative Agreement (Agreement) to read as follows: 
</P>
<EXTRACT>
<HD1>Article I: Introduction and Purpose
</HD1>
<P>1. This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act of 1977 (Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved under 30 U.S.C. 1253 to elect to enter an Agreement with the Secretary for the regulation and control of surface coal mining and reclamation operations on Federal lands. 
</P>
<P>This Agreement provides for State regulation of coal exploration operations not subject to 43 CFR parts 3480 through 3487 and surface coal mining and reclamation operations in Wyoming subject to the Federal lands program (30 CFR parts 740 through 746) consistent with the Act, the Wyoming Environmental Quality Act (W.S. 35-11-401-437), and the Wyoming State Program (Program). 
</P>
<P>2. The purposes of this Agreement are to (a) foster Federal-State cooperation in the regulation of surface coal mining and reclamation operations and coal exploration operations not subject to 43 CFR parts 3480 through 3487; (b) eliminate intergovernmental overlap and duplication; and (c) provide uniform and effective application of the Program in Wyoming, in accordance with the Act. 
</P>
<HD1>Article II: Effective Date 
</HD1>
<P>3. This Agreement shall take effect following signing by the Secretary and the Governor, and thirty days after publication as a final rule in the <E T="04">Federal Register.</E> This Agreement shall remain in effect until terminated as provided in Article X. 
</P>
<HD1>Article III: Scope 
</HD1>
<P>4. In accordance with the Federal lands regulations in 30 CFR parts 740 through 746, the laws, regulations, terms and conditions of the Wyoming State Program, as approved or as amended in accordance with 30 CFR part 732, are applicable to lands in Wyoming subject to the Federal lands program except as otherwise stated in this Agreement, the Act, 30 CFR part 745, or other applicable laws or regulations. Orders and decisions issued by the State in accordance with the Program that are appealable shall be appealed as provided for by State law. Orders and decisions issued by the Department that are administratively appealable shall be appealed to the Department's Office of Hearings and Appeals. 
</P>
<HD1>Article IV: Requirements for the Agreement. 
</HD1>
<P>5. The Governor and the Secretary affirm that they will comply with all of the provisions of this Agreement and will continue to meet all the conditions and requirements specified in this Article. 
</P>
<P>(a) <I>Responsible Administrative Agency.</I> The Division shall be responsible for administering this Agreement on behalf of the Governor. OSMRE shall administer this Agreement on behalf of the Secretary, in accordance with the regulations in 30 CFR Chapter VII. 
</P>
<P>(b) <I>Authority of State.</I> The State has and shall continue to have authority under State law to carry out this Agreement. 
</P>
<P>(c) <I>Funds.</I> The State will devote adequate funds to the administration and enforcement on Federal lands in the State of the requirements contained in the Program. If the State complies with the terms of this Agreement, and if necessary funds have been appropriated, the Department shall reimburse the State as provided in section 705(c) of the Act, the grant agreement, and 30 CFR 735.16 for costs associated with carrying out responsibilities under this Agreement. Reimbursements shall be in the form of annual grants and grant amendments, and applications for said grants shall be processed and awarded in a timely and prompt manner. If sufficient funds have not been appropriated to OSMRE or the State, the parties shall promptly meet to decide on appropriate measures that will ensure that surface coal mining and reclamation operations and exploration operations on Federal lands are regulated in accordance with the Program. If agreement cannot be reached, then either party may terminate the Agreement. 
</P>
<P>(d) <I>Reports and Records.</I> The State shall make annual reports to OSMRE containing information with respect to compliance with the terms of this Agreement pursuant to 30 CFR 745.12(d). Upon request, the State and OSMRE shall exchange (except where prohibited by Federal law) information developed under this Agreement. OSMRE shall provide the State with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement. 
</P>
<P>(e) <I>Personnel.</I> The State shall have the necessary personnel to fully implement this Agreement in accordance with the provisions of the Act and the Program. 
</P>
<P>(f) <I>Equipment and Laboratories.</I> The State shall have access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests and analyses can be performed and which are necessary to carry out the requirements of this Agreement.
</P>
<P>(g) <I>Permit Application Fees.</I> The amount of the fee accompanying an application for a permit shall be determined in accordance with W.S. 35-11-406(a)(xii). All permit fees shall be retained by the State and deposited with the State Treasurer in the General Fund. The Financial Status Report submitted pursuant to 30 CFR 735.26 shall include a report of the amount of permit application fees collected and attributable to Federal lands during the prior Federal fiscal year. This amount shall be disposed of in accordance with Federal regulations and OMB Circular No. A-102, Attachment E.
</P>
<HD1>Article V: Policies and Procedures: Permit Application Package Review
</HD1>
<P>6. The State and OSMRE agree and hereby require that an applicant proposing to conduct surface coal mining operations on lands subject to the Federal lands program shall submit a permit application package (PAP) in an appropriate number of copies to the State and OSMRE. If any material is submitted to the State by an applicant for the sole purpose of complying with the 3-year requirement of section 7(c) of the Mineral Leasing Act of 1920, 30 U.S.C. 181 <I>et seq.,</I> the State will forward such material through OSMRE to the Bureau of Land Management (BLM). If the material is submitted as part of the PAP, a copy of the entire package will be sent through OSMRE to BLM. The PAP shall be in the form required by the State, and shall include any supplemental information required by OSMRE. The PAP shall include the information required by, or necessary for, the State and the Secretary to make a determination of compliance with:
</P>
<P>(a) W.S. 35-11-406(a) and (b) (1980);
</P>
<P>(b) Chapter II, Land Quality Division Rules and Regulations, Department of Environmental Quality, or other chapters where these may supersede Chapter II;
</P>
<P>(c) Applicable terms and conditions of the Federal coal lease; and 
</P>
<P>(d) Applicable requirements of the Program, and other Federal laws and regulations, including, but not limited to those listed in Appendix A.
</P>
<P>7. a. <I>State Responsibility.</I> The State shall assume primary responsibility for the analysis, review, and approval or disapproval of the permit application component of the PAP for surface coal mining and reclamation operations on lands subject to the Federal lands program.
</P>
<P>b. <I>OSMRE Responsibility.</I> (1) OSMRE will, at the request of the State, assist the State in its analysis and review of the PAP. (2) The Department shall concurrently carry out its responsibilities which cannot be delegated to the State under the Act, the Mineral Leasing Act (MLA), as amended, the National Environmental Policy Act (NEPA), and other applicable Federal laws (including but not limited to these in Appendix A). The Department shall carry out those responsibilities in accordance with the Federal lands program and this Agreement in a timely manner so as to eliminate, to the maximum extent possible, duplication of the responsibilities of the State set forth in this Agreement and the Program. The Secretary will consider the information in the PAP and, where appropriate, make decisions required by the Act, MLA, NEPA, and other Federal laws.
</P>
<P>c. <I>Responsibility for Handling Other Federal Laws.</I> The State must consider the comments of Federal agencies in the context of permit issuance and will document these comments in the record of permit decisions. Permits issued by the State shall include, to the extent allowed by Wyoming law, terms and conditions required by the lease issued pursuant to the Mineral Leasing Act and by other applicable Federal laws and regulations in accordance with 30 CFR 740.13(c)(1). When Federal agencies recommend permit conditions and these conditions are not adopted, the State will provide OSMRE with documentation as to why they were not incorporated as permit conditions.
</P>
<P>Upon notification from the State that certain permit conditions are not incorporated, OSMRE will determine whether such conditions are necessary and may be attached to other Federal authorizations. If not other Federal authorizations are required, then OSMRE may issue a supplemental SMCRA permit attaching only those conditions which are necessary to assure compliance with other Federal laws. The State shall not be required to enforce the conditions of the Federal permit.
</P>
<P>d. <I>Working Agreements.</I> Responsibilities and decisions which can and cannot be delegated to the State under the Act and other applicable Federal laws may be specified in working agreements between OSMRE and the State with the concurrence of any Federal agency involved, and without amendment to this Agreement.
</P>
<P>8. The State will be the primary point of contact for applicants regarding the review of the PAP, except on matters concerned exclusively with the regulations in 43 CFR parts 3480-3487 administered by the BLM and on matters unrelated to the review of the PAP. The State will be responsible for informing the applicant of any joint State-Federal determinations. The State shall send to OSMRE copies of any correspondence with the applicant and any information received from the applicant which may have a bearing on decisions regarding the PAP. OSMRE would not independently initiate contacts with applicants regarding completeness or deficiencies of the PAP with respect to matters covered by the Program; however, the Department reserves the right to act independently of the State to carry out its responsibilities under laws other than the Act or provisions of the Act not covered by the Program, and in instances of disagreement over the Act and the Federal lands program. OSMRE shall send to the State copies of all independent correspondence with the applicant which may have a bearing on decisions regarding the PAP.
</P>
<P>9. The State shall assume the responsibilities listed in 30 CFR 740.4(c)(1), (4), (5), (6), and (7). OSMRE will retain the responsibilities listed in 30 CFR 740.4(c)(2), (3) and the exceptions in 30 CFR 740.4(c)(7)(i)-(vii). In addition to the procedures outlined in paragraphs 9, 10, and 11, OSMRE shall assist the State in carrying out its responsibilities by:
</P>
<P>(a) Distributing copies of the PAP to, and coordinating the review of the PAP among all Federal agencies which have responsibilities relating to decisions on the package. This shall be done in a manner which ensures timely identification, communication and resolution of issues relating to those Federal agencies' statutory requirements. OSMRE shall request that such other Federal agencies furnish their findings or any requests for additional data to OSMRE within 45 calendar days of the date OSMRE transmits to them a copy of the PAP. 
</P>
<P>(b) Providing the State with the analyses and conclusions of other Federal agencies regarding those portions of the PAP which affect their statutory responsibilities. 
</P>
<P>(c) Resolving conflicts and difficulties between or among other Federal agencies in a timely manner. 
</P>
<P>(d) Assisting in scheduling joint meetings as necessary between State and Federal agencies.
</P>
<P>(e) Where OSMRE is assisting the State in reviewing the permit application, furnishing the State with the work product within 45 calendar days of receipt of the State's request for such assistance, or earlier if mutually agreed upon by OSMRE and the State.
</P>
<P>(f) Exercising its responsibilities in a timely manner as set forth in a mutually agreed upon schedule, governed to the extent possible by the deadlines established in the Program.
</P>
<P>(g) Assuming all responsibility for ensuring compliance with any Federal lessee protection bond requirement.
</P>
<P>10. This paragraph describes the procedures that OSMRE and the State will follow in the review of a PAP for surface coal mining and reclamation operations where a mining plan is required under the Mineral Leasing Act:
</P>
<P>(a) OSMRE and the State shall coordinate with each other during the review process as needed. The State shall keep OSMRE informed of findings made during the review process which bear on the responsibilities of OSMRE and other Federal agencies. OSMRE shall ensure that any information OSMRE receives which has a bearing on decisions regarding the PAP is promptly sent to the State.
</P>
<P>(b) The State shall review the PAP for compliance with the Program and State laws and regulations.
</P>
<P>(c) OSMRE shall review the appropriate portions of the PAP for compliance with the non-delegable responsibilities of the Act and the requirements of other Federal laws and regulations consistent with paragraphs 7 and 8 of this Agreement.
</P>
<P>(d) OSMRE and the State shall develop a work plan and schedule for PAP review and each shall identify a person as project leader. The State and OSMRE project leaders shall serve as the primary point of contact between OSMRE and the State throughout the review process. Not later than 50 days after receipt, OSMRE shall furnish the State with its preliminary findings and specify any requirements for additional data. OSMRE shall advise the State on the need for it to perform any work as part of the preparation of an Environmental Impact Statement as soon as possible in the review process.
</P>
<P>(e) The State shall prepare a State decision package on the PAP. To the fullest extent allowed by the State and Federal law and regulations, the State and OSMRE will cooperate so that duplication will be eliminated in conducting the technical analyses and meeting NEPA requirements for the proposed mining operation. Copies of the draft State decision package shall be sent to OSMRE for review and comment. OSMRE shall evaluate the package and inform the State within 30 days, whenever possible, of any changes that should be made. The State shall consider these comments and send a final State decision package to OSMRE for action in a timely manner consistent with the Federal lands program. OSMRE shall have 30 days after receipt to request any changes to the State's final decision package.
</P>
<P>(f) The State may proceed to issue the permit in accordance with the Program prior to the necessary Secretarial approval, provided that the State advises the permittee in the permit of the necessity for Secretarial approval of a mining plan prior to beginning operations to mine Federal coal. The State shall reserve the right to amend or rescind any requirements of the approved permit to conform with any terms or conditions imposed by the Secretary in his approval of the mining plan.
</P>
<P>11. This paragraph describes the procedures that the State and OSMRE will follow in processing a PAP for surface coal mining and reclamation operations which does not require Secretarial approval of a mining plan under the Mineral Leasing Act:
</P>
<P>(a) Upon receipt of a PAP for such operations, OSMRE shall consult with and obtain the determinations or conditions of any other Federal agencies with jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. To the extent possible, these determinations and conditions and any determinations required by OSMRE pursuant to section 522 of the Act, shall be forwarded to the State within the time frame allowed by State law for processing permit applications.
</P>
<P>(b) The State shall review the PAP for compliance with the Program and State laws and regulations.
</P>
<P>(c) The State may proceed to issue the permit.
</P>
<P>(d) After issuing the permit, the State shall send OSMRE and the Federal land management agency a copy of the signed permit form and State decision package. 
</P>
<P>12. The following procedures will be used in processing permit revisions or renewals: 
</P>
<P>(a) Any permit revision or renewal for operations on lands subject to the Federal lands program shall be reviewed and approved or disapproved by the State after consultation with OSMRE on whether the revision or renewal constitutes a mining plan modification under 30 CFR 746.18. OSMRE shall inform the State within 30 days of receiving a copy of a proposed revision or renewal, whether it constitutes a mining plan modification. Where approval of a mining plan modification is required, OSMRE and the State will follow the procedures outlined in paragraph 10 of this Article. 
</P>
<P>(b) Permit revisions or renewals for operations not constituting a mining plan modification and not meeting the criteria that may be established under (c) of this paragraph shall be reviewed and approved or disapproved following the procedures outlined in paragraph 11 of this Article. 
</P>
<P>(c) OSMRE may establish criteria to determine which types of permit revisions and renewals do not constitute mining plan modifications and will not affect the non-delegable responsibilities of OSMRE and other Federal agencies. Revisions or renewals meeting such criteria may be approved by the State prior to informing OSMRE of the approval and submission of copies of the revision or renewal to OSMRE. 
</P>
<HD1>Article VI: Inspections 
</HD1>
<P>13. The State shall conduct inspections on lands subject to the Federal lands program and prepare and file inspection reports in accordance with the Program. 
</P>
<P>14. The State shall, subsequent to conducting any inspection, and on a timely basis, file with the Secretary an inspection report adequately describing (1) the general conditions of the lands under the permit and license; (2) the manner in which the operations are being conducted; and (3) whether the operator is complying with applicable performance and reclamation requirements. 
</P>
<P>15. The State will be the point of contact and the inspection authority in dealing with the operator concerning operations and compliance with the requirements covered by this Agreement, except as described hereinafter. Nothing in this Agreement shall prevent inspections by authorized Federal or State agencies for purposes other than those covered by this Agreement. The Department may conduct any inspections necessary to comply with 30 CFR part 842 and 30 CFR 843.12(a)(2) and its obligations under laws other than the Act. 
</P>
<P>16. OSMRE shall give the State reasonable notice of its intent to conduct an inspection in order to provide State inspectors with an opportunity to join in the inspection. When the Department is responding to a citizen complaint of an imminent environmental danger or a threat to human health pursuant to 30 CFR part 842.11(b)(1)(ii)(C), it will contact the State no less than 24 hours if practicable, prior to the Federal inspection to facilitate a joint Federal/State inspection. The Secretary reserves the right to conduct inspections without prior notice to the State as necessary to carry out his responsibilities under the Act. 
</P>
<P>17. Personnel of the State and representatives of the Department shall be mutually available to serve as witnesses in enforcement actions taken by either party. 
</P>
<HD1>Article VII: Enforcement 
</HD1>
<P>18. The State shall have primary enforcement authority under the Act concerning compliance with the requirements of this Agreement and the Program. 
</P>
<P>19. During any joint inspection by the Department and the State, the State shall have primary responsibility for enforcement procedures, including issuance of orders of cessation, notices of violation, and assessment of penalties. The Department and the State shall consult prior to issuance of any decision to suspend or revoke a permit.
</P>
<P>20. During any inspection made solely by the Department or any joint inspection where the State and the Department fail to agree regarding the propriety of any particular enforcement action, the Department may take any enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action shall be based on the standards in the Program, the Act, the permit, or all three, and shall be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845.
</P>
<P>21. The State and the Department shall promptly notify each other of all violations of applicable laws, regulations, orders, or approved mining plans and permits subject to this Agreement, and of all actions taken with respect to such violations.
</P>
<P>22. This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other than the Act.
</P>
<HD1>Article VIII: Bonds
</HD1>
<P>23. The State and the Secretary shall require each operator on lands subject to the Federal lands program to submit a single performance bond payable to both the United States and the State of Wyoming that is sufficient to cover the operator's responsibilities under the Act and the program. Such performance bond shall be conditioned upon compliance with requirements of the Program, the Act and the permit. Such bond shall provide that if this Agreement is terminated, the bond shall be payable only to the United States to the extent that lands covered by the Federal lands program are involved.
</P>
<P>24. Prior to releasing the operator from any obligation under a bond required by the Program on lands subject to the Federal lands program, the State shall obtain the concurrence of the Department. Departmental concurrence shall be based on field measurements, observations, and coordination with other Federal agencies having authority over the affected lands. The State shall also advise the Department annually of adjustments to the bond pursuant to the Program.
</P>
<P>25. Performance bonds shall be subject to forfeiture, with the concurrence of the Department, in accordance with the procedures and requirements of the Program.
</P>
<HD1>Article IX: Designation of Land Areas as Unsuitable
</HD1>
<P>26. The State and OSMRE shall cooperate with each other in the review and processing of petitions to designate lands as unsuitable for surface coal mining operations. When either agency receives a petition that could impact adjacent Federal or non-Federal lands, the agency receiving the petition shall (1) notify the other of receipt and of the anticipated schedule for reaching a decision; and (2) request and fully consider data, information and views of the other.
</P>
<P>27. The authority to designate State and private lands as unsuitable for mining is reserved to the State. The authority to designate Federal lands as unsuitable for mining is reserved to the Secretary or his designated representative.
</P>
<HD1>Article X: Termination of Cooperative Agreement
</HD1>
<P>28. This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
</P>
<HD1>Article XI: Reinstatement of Cooperative Agreement
</HD1>
<P>29. If this Agreement has been terminated in whole or in part, it may be reinstated under the provisions of 30 CFR 745.16.
</P>
<HD1>Article XII: Amendments of Cooperative Agreement
</HD1>
<P>30. This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14.
</P>
<HD1>Article XIII: Changes in State or Federal Standards
</HD1>
<P>31. The Department or the State may promulgate new or revised performance or reclamation requirements or administration and enforcement procedures. OSMRE and the State shall immediately inform each other of any final changes and of any effect such changes may have on this Agreement. If it is determined to be necessary to keep this Agreement in force, the State shall take legislative action and each party shall change or revise its regulations or promulgate new regulations, as applicable. Such changes shall be made under the procedures of 30 CFR part 732 for changes to the Program and sections 501 and 523 of the Act for changes to the Federal lands program.
</P>
<P>32. The State and the Department shall provide each other with copies of any changes to their respective laws, rules, regulations, and standards pertaining to the enforcement and administration of this Agreement.
</P>
<HD1>Article XIV: Changes in Personnel and Organization
</HD1>
<P>33. The State and the Department shall, consistent with 30 CFR part 745, advise each other of changes in organization, structure, functions, duties and funds of the offices, departments, divisions, and persons within their organizations. Each shall promptly advise the other in writing of changes in key personnel, including the heads of a department or division, or changes in the functions or duties of persons occupying the principal offices within the structure of the Program. The State and the Department shall advise each other in writing of changes in the location of offices, addresses, telephone numbers, and changes in the names, locations and telephone numbers of their respective mine inspectors and the area within the State for which such inspectors are responsible. 
</P>
<HD1>Article XV: Reservation of Rights
</HD1>
<P>34. In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement, that the State or the Secretary may have under other laws or regulations, including the Surface Mining Control and Reclamation Act of 1977, the Mineral Leasing Act, as amended, the Mineral Leasing Act for Acquired Lands, the Stockraising Homestead Act, the Federal Land Policy and Management Act, other Federal laws including but not limited to those listed in Appendix A, the Constitution of the United States, and the Constitution of the State or State laws.
</P>
<HD1>Article XVI: Definitions
</HD1>
<P>35. Terms and phrases used in this Agreement which are defined in 30 CFR Parts 700, 701 and 740, or the Program shall be given the meanings set forth in said definitions. Where there is a conflict between any definitions, the definitions used in the Program will apply except in the case of a term which conflicts with the Secretary's remaining responsibilities under the Act and other laws.
</P>
<HD1>Appendix A
</HD1>
<P>(1) Surface Mining Control and Reclamation Act, 30 U.S.C. 1201 <I>et seq.,</I> and implementing regulations.
</P>
<P>(2) The Federal Land Policy and Management Act, 43 U.S.C. 1701 <I>et seq.,</I> and implementing regulations.
</P>
<P>(3) The Mineral Leasing Act of 1920, 30 U.S.C. <I>et seq.,</I> and implementing regulations including 43 CFR part 3480 <I>et seq.</I>
</P>
<P>(4) The Mineral Leasing Act for Acquired Lands of 1947, as amended, 30 U.S.C. 351 <I>et seq.,</I> and implementing regulations.
</P>
<P>(5) The National Environmental Policy Act of 1969, 42 U.S.C. 4312 <I>et seq.,</I> and implementing regulations including 40 CFR part 1500 <I>et seq.</I>
</P>
<P>(6) The Endangered Species Act, 16 U.S.C. 1531 <I>et seq.,</I> and implementing regulations including 50 CFR part 402.
</P>
<P>(7) The National Historic Preservation Act of 1966, 16 U.S.C. 470 <I>et seq.,</I> and implementing regulations including 36 CFR part 800 and Executive Order 11593 (May 13, 1971).
</P>
<P>(8) The Clean Air Act, 42 U.S.C. 7401 <I>et seq.,</I> and implementing regulations.
</P>
<P>(9) The Federal Water Pollution Control Act, 33 U.S.C. 1251 <I>et seq.,</I> and implementing regulations.
</P>
<P>(10) The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 <I>et seq.,</I> and implementing regulations.
</P>
<P>(11) The Reservoir Salvage Act of 1960, amended by the Preservation and Historical and Archeological Data Act of 1974, 16 U.S.C. 469 <I>et seq.</I>
</P>
<P>(12) Executive Order 11988 (May 24, 1977) for floodplain protection. Executive Order 11990 (May 24, 1977) for wetland protections.
</P>
<P>(13) The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661-667.
</P>
<P>(14) The Bald and Golden Eagle Protection Act of 1940, as amended, 16 U.S.C. 668-668d, and implementing regulations.
</P>
<P>(16) The Migratory Bird Treaty Act, as amended, 16 U.S.C. 701-718h.</P></EXTRACT>
<CITA TYPE="N">[51 FR 45089, Dec. 16, 1986]


</CITA>
</DIV8>


<DIV8 N="§ 950.30" NODE="30:3.0.1.18.116.0.1.7" TYPE="SECTION">
<HEAD>§ 950.30   Approval of Wyoming abandoned mine land reclamation plan.</HEAD>
<P>The Wyoming Abandoned Mine Land Reclamation Plan, as submitted on August 16, 1982, and as subsequently revised, is approved effective February 14, 1983. Copies of the approved program are available at:
</P>
<EXTRACT>
<FP-1>Casper Field Office, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, room 2128, Casper, WY 82601-1918.
</FP-1>
<FP-1>State of Wyoming, Department of Environmental Quality, Abandoned Mine Lands Division, Herschler Building, Third Floor West, 122 West 25th Street, Cheyenne, WY 82002.</FP-1></EXTRACT>
<CITA TYPE="N">[57 FR 12733, Apr. 13, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 950.35" NODE="30:3.0.1.18.116.0.1.8" TYPE="SECTION">
<HEAD>§ 950.35   Approval of Wyoming abandoned mine land reclamation plan amendments.</HEAD>
<P>(a) Wyoming certification of completing all known coal-related impacts is accepted, effective May 25, 1984.
</P>
<P>(b) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the <E T="04">Federal Register</E> and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the <E T="04">Federal Register.</E>
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Original amendment submission date
</TH><TH class="gpotbl_colhed" scope="col">Date of final publication
</TH><TH class="gpotbl_colhed" scope="col">Citation/description
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">December 16, 1991</TD><TD align="left" class="gpotbl_cell">April 13, 1992</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-1201 through 1304; Chs I through VIII of State's AML rules.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">April 21, 1995</TD><TD align="left" class="gpotbl_cell">February 21, 1996</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-1206(a), (b); -1209(a), (b).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">September 1, 2005</TD><TD align="left" class="gpotbl_cell">March 23, 2006</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-1206(a).
<br/>W.S. 35-11-1206(b).
<br/>W.S. 35-11-1209.
<br/>W.S. 35-11-1209(vii).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">March 21, 2008</TD><TD align="left" class="gpotbl_cell">October 3, 2008</TD><TD align="left" class="gpotbl_cell">W.S. 35-11-1210(b)
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">July 21, 2020</TD><TD align="left" class="gpotbl_cell">October 26, 2021</TD><TD align="left" class="gpotbl_cell">Repeal and replace Certified AML Plan. Response to 884 letter and State initiative streamlining of Plan to be consistent with changes to federal program and extends limited liability protection for certain coal and noncoal reclamation projects.</TD></TR></TABLE></DIV></DIV>
<CITA TYPE="N">[62 FR 9959, Mar. 5, 1997, as amended at 71 FR 14645, Mar. 23, 2006; 73 FR 57541, Oct. 3, 2008; 86 FR 59024, Oct. 26, 2021]



</CITA>
</DIV8>


<DIV8 N="§ 950.36" NODE="30:3.0.1.18.116.0.1.9" TYPE="SECTION">
<HEAD>§ 950.36   Required abandoned mine land plan amendments. [Reserved]</HEAD>
</DIV8>

</DIV5>


<DIV5 N="955" NODE="30:3.0.1.18.117" TYPE="PART">
<HEAD>PART 955—CERTIFICATION OF BLASTERS IN FEDERAL PROGRAM STATES AND ON INDIAN LANDS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Pub. L. 95-87 (30 U.S.C. 1201 <I>et seq.</I>), sec. 955.13 also issued under sec. 9701, Pub. L. 97-258 (31 U.S.C. 9701).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>51 FR 19462, May 29, 1986, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 955.1" NODE="30:3.0.1.18.117.0.1.1" TYPE="SECTION">
<HEAD>§ 955.1   Scope.</HEAD>
<P>This part establishes rules pursuant to part 850 of this chapter for the training, examination and certification of blasters by OSM for surface coal mining operations in States with Federal programs and on Indian lands. It governs the issuance, renewal, reissuance, suspension and revocation of an OSM blaster certificate, replacement of a lost or destroyed certificate, and reciprocity to a holder of a certificate issued by a State regulatory authority.


</P>
</DIV8>


<DIV8 N="§ 955.2" NODE="30:3.0.1.18.117.0.1.2" TYPE="SECTION">
<HEAD>§ 955.2   Implementation.</HEAD>
<P>In accordance with §§ 750.19, 816.61(c) and 817.61(c) of this chapter, after June 30, 1987, in Federal program States and on Indian lands any person who is responsible for conducting blasting operations at a blasting site shall have a current OSM blaster certificate.


</P>
</DIV8>


<DIV8 N="§ 955.5" NODE="30:3.0.1.18.117.0.1.3" TYPE="SECTION">
<HEAD>§ 955.5   Definitions.</HEAD>
<P>As used in this part:
</P>
<P><I>Applicant</I> means a person who submits an application for an OSM blaster certificate.
</P>
<P><I>Application</I> means a request for an OSM blaster certificate submitted on the prescribed form, including the required fee and any applicable supporting evidence or other attachments.
</P>
<P><I>Issue</I> and <I>issuance</I> mean to grant to an applicant his or her first OSM blaster certificate that is not granted through reciprocity.
</P>
<P><I>Reciprocity</I> means the recognition by OSM of a blaster certificate issued by a State regulatory authority under an OSM-approved blaster certification program as qualifying an applicant for the grant of an OSM blaster certificate.
</P>
<P><I>Reissue</I> and <I>reissuance</I> are synonymous with the term <I>recertification</I> in § 850.15(c) of this chapter, and mean to grant to an applicant who holds a renewed OSM blaster certificate, or who holds an OSM blaster certificate that expired more than 1 year prior to the date of his or her application, or who held an OSM blaster certificate that was revoked, a subsequent certificate that is not granted through reciprocity and for which additional training and examination are required.
</P>
<P><I>Renew</I> and <I>renewal</I> mean to grant to an applicant who holds an issued or reissued OSM blaster certificate a subsequent certificate that is not granted through reciprocity and for which additional training and examination are not required.
</P>
<P><I>Replace</I> and <I>replacement</I> mean to grant to an applicant a duplicate OSM blaster certificate as a substitute for one that was lost or destroyed.


</P>
</DIV8>


<DIV8 N="§ 955.10" NODE="30:3.0.1.18.117.0.1.4" TYPE="SECTION">
<HEAD>§ 955.10   Information collection.</HEAD>
<P>The information collection requirements in this part were approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0083. This information is needed to meet the requirements of sections 504, 515, 516, 710 and 719 of Pub. L. 95-87, and will be used by OSM in the certification of blasters. The obligation to respond is mandatory.


</P>
</DIV8>


<DIV8 N="§ 955.11" NODE="30:3.0.1.18.117.0.1.5" TYPE="SECTION">
<HEAD>§ 955.11   General requirements.</HEAD>
<P>To qualify for an OSM blaster certificate, a person shall:
</P>
<P>(a) Be at least 20 years old prior to submitting an application, and at least 21 years old prior to the grant of a certificate;
</P>
<P>(b) In the 3 years prior to submitting an application have been qualified and worked as a blaster or the equivalent, or have worked under the direction of a blaster or the equivalent, for the following cumulative length of time:
</P>
<P>(1) Certificate issuance—2 years; or
</P>
<P>(2) Certificate renewal or reissuance—1 year;
</P>
<P>(c) For certificate issuance or reissuance, have received on-the-job training, completed a training course, and obtained satisfactory evidence of having completed training, as provided in § 955.12;
</P>
<P>(d) Be competent, possess practical knowledge of blasting techniques, understand the hazards involved in the use of explosives, and exhibit a pattern of conduct consistent with the acceptance of responsibility for blasting operations;
</P>
<P>(e) Submit an application as provided in § 955.13;
</P>
<P>(f) For certificate issuance or reissuance, pass a written examination as provided in § 955.14;
</P>
<P>(g) For a certificate through reciprocity, meet the requirements of § 955.16; and
</P>
<P>(h) Not be subject to suspension, revocation or other action under § 955.17.


</P>
</DIV8>


<DIV8 N="§ 955.12" NODE="30:3.0.1.18.117.0.1.6" TYPE="SECTION">
<HEAD>§ 955.12   Training.</HEAD>
<P>(a) <I>On-the-job training.</I> Except as provided in § 955.14(c) for reexamination, each applicant for the issuance of an OSM blaster certificate who does not qualify as a blaster or the equivalent shall: 
</P>
<P>(1) Have received on-the-job training, including practical field experience in blasting operations, from a blaster or the equivalent for 2 out of the 3 years preceding the submission of his or her application; and
</P>
<P>(2) Have obtained from the blaster or the equivalent, the relevant employer, or other knowledgeable source, satisfactory evidence of having received on-the-job training in accordance with paragraph (a)(1) of this section.
</P>
<P>(b) <I>Training course.</I> Except as provided in § 955.14(c) for reexamination, each applicant for the issuance or reissuance of an OSM blaster certificate shall:
</P>
<P>(1) Within 2 years prior to submitting an application, have completed a training course as follows:
</P>
<P>(i) For certificate issuance the course shall cover the technical aspects of blasting operations and State and Federal laws governing the storage, transportation and use of explosives, including the topics specified in § 850.13(b) of this chapter; or
</P>
<P>(ii) For certificate reissuance the course shall cover any significant changes that have occurred in the topics specified in § 850.13(b) of this chapter since the applicant last completed a course that was accepted by OSM for the issuance or reissuance of an OSM blaster certificate. If OSM determines that no significant changes have occurred, OSM may waive this requirement; and
</P>
<P>(2) Have obtained from the training provider satisfactory evidence that he or she has completed training in accordance with paragraph (b)(1) of this section. 
</P>
<P>(c) <I>Availability.</I> OSM shall ensure that courses are available as provided in § 850.13(b) of this chapter to train persons subject to this part who are responsible for the use of explosives in surface coal mining operations.


</P>
</DIV8>


<DIV8 N="§ 955.13" NODE="30:3.0.1.18.117.0.1.7" TYPE="SECTION">
<HEAD>§ 955.13   Application.</HEAD>
<P>(a) <I>Submission procedures.</I> Any person seeking an OSM blaster certificate shall:
</P>
<P>(1) Complete and submit to OSM an application on the form prescribed by paragraph (b) of this section;
</P>
<P>(2) Include as part of the application a nonrefundable fee as follows:
</P>
<LDRWK>
<FL-2>(i) Issuance or reissuance</FL-2>
<LDRFIG>$122
</LDRFIG>
<FL-2>(ii) Reexamination</FL-2>
<LDRFIG>$61
</LDRFIG>
<FL-2>(iii) Renewal</FL-2>
<LDRFIG>$61
</LDRFIG>
<FL-2>(iv) Replacement</FL-2>
<LDRFIG>$28


</LDRFIG>
<FL-2>(v) Reciprocity</FL-2>
<LDRFIG>$61;</LDRFIG></LDRWK>
<P>(3) For certificate issuance or reissuance, include as part of the application satisfactory evidence of having completed training as provided in § 955.12;
</P>
<P>(4) For certificate issuance or reissuance, specify in the application the date when the applicant desires to take a previously scheduled examination; and
</P>
<P>(5) Submit the application in advance of the date of examination, or of certificate expiration, as follows:
</P>
<P>(i) For certificate issuance, not less than 60 days before the date on which the applicant desires to take a previously scheduled examination;
</P>
<P>(ii) For certificate renewal, not less than 60 days before the expiration date of the applicant's current certificate;
</P>
<P>(iii) For certificate reissuance, not less than 60 days before the date on which the applicant desires to take a previously scheduled examination that will be held at least 60 days before the expiration date of the applicant's current certificate; or
</P>
<P>(iv) For a certificate through reciprocity, not less than 45 days before the expiration date of the applicant's current certificate.
</P>
<P>(b) <I>Application form.</I> OSM shall make available to any person seeking an OSM blaster certificate an application form and instructions for its completion. The form shall include a statement in accordance with law that the information provided is true and accurate to the best knowledge and belief of the applicant, and shall require the signature of the applicant.


</P>
</DIV8>


<DIV8 N="§ 955.14" NODE="30:3.0.1.18.117.0.1.8" TYPE="SECTION">
<HEAD>§ 955.14   Examination.</HEAD>
<P>(a) <I>Certificate issuance or reissuance.</I> After submitting an application, each applicant for the issuance or reissuance of an OSM blaster certificate shall pass a written examination, as provided in paragraph (b) of this section.
</P>
<P>(b) <I>Administration and content.</I> (1) On a regular basis OSM shall schedule and hold a written examination on the technical aspects of blasting operations and State and Federal laws governing the storage, transportation and use of explosives, as provided in § 850.14 of this chapter.
</P>
<P>(2) The examination at a minimum shall cover the topics specified in § 850.13(b) of this chapter, and shall include:
</P>
<P>(i) Objective questions;
</P>
<P>(ii) Blasting log problems; and
</P>
<P>(iii) Initiation system and delay sequence problems.
</P>
<P>(c) <I>Reexamination.</I> (1) Any person who fails the examination may apply to OSM for reexamination by submitting a new application, including the prescribed fee, but no person may take the examination more than 2 times in any 12-month period.
</P>
<P>(2) Any person who fails the examination and submits a new application within 2 years of completing training as provided in § 955.12(a) need not repeat, or resubmit evidence of having completed, training.
</P>
<P>(d) <I>Failure to attend.</I> Except where the applicant shows and OSM finds good cause, OSM may reject the pending application of any applicant who fails to take the examination after OSM has granted his or her request for admission.


</P>
</DIV8>


<DIV8 N="§ 955.15" NODE="30:3.0.1.18.117.0.1.9" TYPE="SECTION">
<HEAD>§ 955.15   Certification.</HEAD>
<P>(a) <I>Processing of application.</I> (1) Upon receiving an application for an OSM blaster certificate OSM shall:
</P>
<P>(i) Notify the applicant of the receipt of, and of any deficiency in, the application.
</P>
<P>(ii) Where applicable, notify the applicant that his or her request for admission to a scheduled examination either is granted or denied.
</P>
<P>(2) When OSM determines that an applicant has failed to qualify for an OSM blaster certificate, OSM shall reject his or her application and notify him or her accordingly.
</P>
<P>(b) <I>Grant of certificate.</I> OSM shall:
</P>
<P>(1) Issue or reissue an OSM blaster certificate to any qualified applicant who completes the applicable training, passes the examination, and is found by OSM to be competent and to have the necessary knowledge and experience to accept responsibility for blasting operations;
</P>
<P>(2) Renew one time the issued or reissued OSM blaster certificate of any qualified applicant;
</P>
<P>(3) Replace the OSM blaster certificate of any qualified applicant who presents satisfactory evidence that his or her certificate was lost or destroyed;
</P>
<P>(4) Grant an OSM blaster certificate through reciprocity as provided in § 955.16; or
</P>
<P>(5) Reinstate a suspended, or reissue a revoked OSM blaster certificate as provided in § 955.17(e).
</P>
<P>(c) <I>Term of certificate.</I> OSM shall grant an OSM blaster certificate for a term to expire as follows:
</P>
<P>(1) Issuance—3 years after issue date;
</P>
<P>(2) Renewal—3 years after expiration date of applicant's current or expired certificate;
</P>
<P>(3) Reissuance—3 years after expiration date of applicant's current or expired certificate;
</P>
<P>(4) Replacement—same expiration date as replaced certificate; or
</P>
<P>(5) Reciprocity—60 days after expiration date of corresponding State certificate.
</P>
<P>(d) <I>Limits on renewal.</I> (1) OSM shall not renew an OSM blaster certificate more than 1 time. A blaster who seeks to extend a renewed certificate may apply to OSM for certificate reissuance.
</P>
<P>(2) OSM shall not renew an OSM blaster certificate that expired more than 1 year prior to the date of an application for renewal. An applicant who desires to extend a certificate that expired more than 1 year prior to the date of his or her application may apply to OSM for certificate reissuance.
</P>
<P>(e) <I>Temporary certificate.</I> Upon request of an applicant who demonstrates that his or her current OSM blaster certificate is about to expire, or expired within 30 days prior to the date of his or her application, for reasons beyond his or her control, OSM may issue a non-renewable temporary OSM blaster certificate for a maximum term of 90 days.
</P>
<P>(f) <I>Conditions of certification.</I> Any person who holds an OSM blaster certificate shall comply with the conditions specified in §§ 850.15 (d) and (e) of this chapter.
</P>
<P>(g) <I>Change of address.</I> Any person who holds an OSM blaster certificate shall notify OSM in writing within 30 days of any change in his or her address.


</P>
</DIV8>


<DIV8 N="§ 955.16" NODE="30:3.0.1.18.117.0.1.10" TYPE="SECTION">
<HEAD>§ 955.16   Reciprocity.</HEAD>
<P>(a) <I>Grant of certificate.</I> OSM shall grant an OSM blaster certificate through reciprocity to any qualified applicant who demonstrates that he or she, and whom OSM finds, holds a current State blaster certificate granted by a State regulatory authority under an OSM-approved State blaster certification program. An applicant for a certificate through reciprocity need not otherwise demonstrate that he or she meets the age, experience, knowledge, competence, training or examination requirements of this part.
</P>
<P>(b) <I>Subsequent certificate.</I> (1) Any person who holds an OSM blaster certificate granted through reciprocity may qualify for a subsequent certificate either through reciprocity or by meeting directly the applicable requirements of this part for certificate issuance, renewal or reissuance.
</P>
<P>(2) OSM shall not recognize a certificate granted through reciprocity as qualifying an applicant for certificate issuance, renewal or reissuance.


</P>
</DIV8>


<DIV8 N="§ 955.17" NODE="30:3.0.1.18.117.0.1.11" TYPE="SECTION">
<HEAD>§ 955.17   Suspension and revocation.</HEAD>
<P>(a) <I>Cause, nature and duration.</I> (1) OSM may, and upon a finding of willful conduct of the blaster OSM shall, suspend for a definite or indefinite period, revoke or take other necessary action on the certificate of an OSM-certified blaster for any of the reasons specified in § 850.15(b) of this chapter.
</P>
<P>(2) Where OSM has reliable information which demonstrates that the storage, transportation or use of explosives by an OSM-certified blaster is likely to threaten public safety or the environment, OSM shall suspend his or her certificate as soon as is practicable.
</P>
<P>(3) OSM shall make the nature and duration of a suspension, revocation or other action under this section commensurate with the cause of the action and what the person whose certificate is subjected to the action does to correct it.
</P>
<P>(b) <I>Notice and hearing.</I> When practicable, OSM shall give a certificate holder written notice and an opportunity for an informal hearing prior to suspending, revoking or taking other action on his or her OSM blaster certificate. OSM shall limit any action taken without such notice and opportunity to a temporary suspension for a maximum term of 90 days pending a decision on a final suspension, revocation or other action after such notice and opportunity have been provided.
</P>
<P>(c) <I>Decision and appeal.</I> By certified mail within 30 days after giving written notice and an opportunity for an informal hearing, OSM shall notify the certificate holder in writing of its final decision on his or her OSM blaster certificate, including the reasons for any suspension, revocation or other action. If the certificate was granted through reciprocity, OSM shall notify the State regulatory authority of its action. In any decision suspending, revoking or taking other action on an OSM blaster certificate, OSM shall grant to the certificate holder the right of appeal to the Department of the Interior Board of Land Appeals under 43 CFR 4.1280 to 4.1286.
</P>
<P>(d) <I>Surrender of certificate.</I> Upon receiving written notice that his or her OSM blaster certificate was suspended, revoked or subjected to other action, a certificate holder immediately shall surrender the certificate to OSM in the manner specified in the notice.
</P>
<P>(e) <I>Reinstatement and reissuance.</I> (1) OSM shall reinstate a suspended OSM blaster certificate by returning the certificate to the former certificate holder with notice of reinstatement when:
</P>
<P>(i) The term of a definite suspension expires; or
</P>
<P>(ii) The former certificate holder demonstrates, and OSM finds, that the cause of an indefinite suspension has been corrected.
</P>
<P>(2) OSM shall reissue an OSM blaster certificate to an applicant whose certificate was revoked if his or her application demonstrates, and OSM finds, that:
</P>
<P>(i) The cause of the revocation has been corrected; and
</P>
<P>(ii) The applicant meets all other applicable requirements of this part.
</P>
<P>(f) <I>Conformance with State action.</I> OSM shall suspend, revoke or take other commensurate action on an OSM blaster certificate granted through reciprocity if the State regulatory authority suspends, revokes or takes other action on the corresponding State certificate.
</P>
<CITA TYPE="N">[51 FR 19462, May 29, 1986; 51 FR 22282, June 19, 1986] 


</CITA>
</DIV8>

</DIV5>


<DIV5 N="956-999" NODE="30:3.0.1.18.118" TYPE="PART">
<HEAD>PARTS 956-999 [RESERVED]


</HEAD>
</DIV5>

</DIV4>

</DIV3>


<DIV3 N="XII" NODE="30:3.0.2" TYPE="CHAPTER">

<HEAD> CHAPTER XII—OFFICE OF NATURAL RESOURCES REVENUE, DEPARTMENT OF THE INTERIOR</HEAD>

<DIV4 N="A" NODE="30:3.0.2.19" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER A—NATURAL RESOURCES REVENUE


</HEAD>

<DIV5 N="1200" NODE="30:3.0.2.19.1" TYPE="PART">
<HEAD>PART 1200 [RESERVED]


</HEAD>
</DIV5>


<DIV5 N="1201" NODE="30:3.0.2.19.2" TYPE="PART">
<HEAD>PART 1201—GENERAL
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>The Act of February 25, 1920 (30 U.S.C. 181, <I>et seq.</I>), as amended; the Act of May 21, 1930 (30 U.S.C. 301-306); the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359), as amended; the Act of March 3, 1909 (25 U.S.C. 396), as amended; the National Environmental Policy Act of 1969 (42 U.S.C. 4321, <I>et seq.</I>) as amended; the Act of May 11, 1938 (25 U.S.C. 396a-396q), as amended; the Act of February 28, 1891 (25 U.S.C. 397), as amended; the Act of May 29, 1924 (25 U.S.C. 398); the Act of March 3, 1927 (25 U.S.C. 398a-398e); the Act of June 30, 1919 (25 U.S.C. 399), as amended; R.S. § 441 (43 U.S.C. 1457), see also Attorney General's Opinion of April 2, 1941 (40 Op. Atty. Gen. 41); the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471, <I>et seq.</I>), as amended; the National Environmental Policy Act of 1969 (42 U.S.C. 4321 <I>et seq.</I>), as amended; the Act of December 12, 1980 (Pub. L. 96-514, 94 Stat. 2964); the Combined Hydrocarbon Leasing Act of 1981 (Pub. L. 97-78, 95 Stat. 1070); the Outer Continental Shelf Lands Act (43 U.S.C. 1331, <I>et seq.</I>), as amended; section 2 of Reorganization Plan No. 3 of 1950 (64 stat. 1262); Secretarial Order No. 3071 of January 19, 1982, as amended; and Secretarial Order 3087, as amended.


</PSPACE></AUTH>

<DIV6 N="A" NODE="30:3.0.2.19.2.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions [Reserved]</HEAD>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.2.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil and Gas, General [Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.2.3" TYPE="SUBPART">
<HEAD>Subpart C—Oil and Gas, Onshore</HEAD>


<DIV8 N="§ 1201.100" NODE="30:3.0.2.19.2.3.1.1" TYPE="SECTION">
<HEAD>§ 1201.100   Responsibilities of the Director for Office of Natural Resources Revenue.</HEAD>
<P>The Director is responsible for the collection of certain rents, royalties, and other payments; for the receipt of sales and production reports; for determining royalty liability; for maintaining accounting records; for any audits of the royalty payments and obligations; and for any and all other functions relating to royalty management on Federal and Indian oil and gas leases.
</P>
<CITA TYPE="N">[47 FR 47768, Oct. 27, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, and further redesignated and amended at 75 FR 61066, Oct. 4, 2010]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.2.4" TYPE="SUBPART">
<HEAD>Subpart D—Oil, Gas and Sulphur, Offshore [Reserved]</HEAD>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.2.5" TYPE="SUBPART">
<HEAD>Subpart E—Coal [Reserved]</HEAD>

</DIV6>


<DIV6 N="F" NODE="30:3.0.2.19.2.6" TYPE="SUBPART">
<HEAD>Subpart F—Other Solid Minerals [Reserved]</HEAD>

</DIV6>


<DIV6 N="G" NODE="30:3.0.2.19.2.7" TYPE="SUBPART">
<HEAD>Subpart G—Geothermal Resources [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:3.0.2.19.2.8" TYPE="SUBPART">
<HEAD>Subpart H—Indian Lands [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="1202" NODE="30:3.0.2.19.3" TYPE="PART">
<HEAD>PART 1202—ROYALTIES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.,</I> 25 U.S.C. 396, 396a <I>et seq.,</I> 398, 398a <I>et seq.,</I> 2101 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.,</I> 351 <I>et seq.,</I> 1001 <I>et seq.,</I> 1701 <I>et seq.;</I> 43 U.S.C. 1301 <I>et seq.,</I> 1331 <I>et seq.,</I> and 1801 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 35641, Aug. 5, 1983, unless otherwise noted. Redesignated at 75 FR 61066, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.3.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions [Reserved]</HEAD>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.3.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil, Gas, and OCS Sulfur, General</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 1217, Jan. 15, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1202.51" NODE="30:3.0.2.19.3.2.1.1" TYPE="SECTION">
<HEAD>§ 1202.51   Scope and definitions.</HEAD>
<P>(a) This subpart is applicable to Federal and Indian (Tribal and allotted) oil and gas leases (except leases on the Osage Indian Reservation, Osage County, Oklahoma) and OCS sulfur leases.
</P>
<P>(b) The definitions in § 1206.20 of this chapter are applicable to subparts B, C, D, and J of this part.
</P>
<CITA TYPE="N">[53 FR 1217, Jan. 15, 1988, as amended at 64 FR 43513, Aug. 10, 1999; 81 FR 43369, July 1, 2016; 82 FR 36953, Aug. 7, 2017; 85 FR 62019, Oct. 1, 2020]


</CITA>
</DIV8>


<DIV8 N="§ 1202.52" NODE="30:3.0.2.19.3.2.1.2" TYPE="SECTION">
<HEAD>§ 1202.52   Royalties.</HEAD>
<P>(a) Royalties on oil, gas, and OCS sulfur shall be at the royalty rate specified in the lease, unless the Secretary, pursuant to the provisions of the applicable mineral leasing laws, reduces, or in the case of OCS leases, reduces or eliminates, the royalty rate or net profit share set forth in the lease.
</P>
<P>(b) For purposes of this subpart, the use of the term <I>royalty(ies)</I> includes the term <I>net profit share(s).</I>


</P>
</DIV8>


<DIV8 N="§ 1202.53" NODE="30:3.0.2.19.3.2.1.3" TYPE="SECTION">
<HEAD>§ 1202.53   Minimum royalty.</HEAD>
<P>For leases that provide for minimum royalty payments, the lessee shall pay the minimum royalty as specified in the lease.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.3.3" TYPE="SUBPART">
<HEAD>Subpart C—Federal and Indian Oil</HEAD>


<DIV8 N="§ 1202.100" NODE="30:3.0.2.19.3.3.1.1" TYPE="SECTION">
<HEAD>§ 1202.100   Royalty on oil.</HEAD>
<P>(a) Royalties due on oil production from leases subject to the requirements of this part, including condensate separated from gas without processing, shall be at the royalty rate established by the terms of the lease. Royalty shall be paid in value unless the Office of Natural Resources Revenue (ONRR) requires payment in-kind. When paid in value, the royalty due shall be the value, for royalty purposes, determined pursuant to part 1206 of this title multiplied by the royalty rate in the lease.
</P>
<P>(b)(1) All oil (except oil unavoidably lost or used on, or for the benefit of, the lease, including that oil used off-lease for the benefit of the lease when such off-lease use is permitted by the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) or BLM, as appropriate) produced from a Federal or Indian lease to which this part applies is subject to royalty. 
</P>
<P>(2) When oil is used on, or for the benefit of, the lease at a production facility handling production from more than one lease with the approval of the BSEE or BLM, as appropriate, or at a production facility handling unitized or communitized production, only that proportionate share of each lease's production (actual or allocated) necessary to operate the production facility may be used royalty-free.
</P>
<P>(3) Where the terms of any lease are inconsistent with this section, the lease terms shall govern to the extent of that inconsistency. 
</P>
<P>(c) If BLM determines that oil was avoidably lost or wasted from an onshore lease, or that oil was drained from an onshore lease for which compensatory royalty is due, or if BSEE determines that oil was avoidably lost or wasted from an offshore lease, then the value of that oil shall be determined in accordance with 30 CFR part 1206. 
</P>
<P>(d) If a lessee receives insurance compensation for unavoidably lost oil, royalties are due on the amount of that compensation. This paragraph shall not apply to compensation through self-insurance.
</P>
<P>(e)(1) In those instances where the lessee of any lease committed to a federally approved unitization or communitization agreement does not actually take the proportionate share of the agreement production attributable to its lease under the terms of the agreement, the full share of production attributable to the lease under the terms of the agreement nonetheless is subject to the royalty payment and reporting requirements of this title. Except as provided in paragraph (e)(2) of this section, the value, for royalty purposes, of production attributable to unitized or communitized leases will be determined in accordance with 30 CFR part 1206. In applying the requirements of 30 CFR part 1206, the circumstances involved in the actual disposition of the portion of the production to which the lessee was entitled but did not take shall be considered as controlling in arriving at the value, for royalty purposes, of that portion as though the person actually selling or disposing of the production were the lessee of the Federal or Indian lease.
</P>
<P>(2) If a Federal or Indian lessee takes less than its proportionate share of agreement production, upon request of the lessee ONRR may authorize a royalty valuation method different from that required by paragraph (e)(1) of this section, but consistent with the purposes of these regulations, for any volumes not taken by the lessee but for which royalties are due.
</P>
<P>(3) For purposes of this subchapter, all persons actually taking volumes in excess of their proportionate share of production in any month under a unitization or communitization agreement shall be deemed to have taken ratably from all persons actually taking less than their proportionate share of the agreement production for that month.
</P>
<P>(4) If a lessee takes less than its proportionate share of agreement production for any month but royalties are paid on the full volume of its proportionate share in accordance with the provisions of this section, no additional royalty will be owed for that lease for prior periods when the lessee subsequently takes more than its proportionate share to balance its account or when the lessee is paid a sum of money by the other agreement participants to balance its account.
</P>
<P>(f) For production from Federal and Indian leases which are committed to federally-approved unitization or communitization agreements, upon request of a lessee ONRR may establish the value of production pursuant to a method other than the method required by the regulations in this title if: (1) The proposed method for establishing value is consistent with the requirements of the applicable statutes, lease terms, and agreement terms; (2) persons with an interest in the agreement, including, to the extent practical, royalty interests, are given notice and an opportunity to comment on the proposed valuation method before it is authorized; and (3) to the extent practical, persons with an interest in a Federal or Indian lease committed to the agreement, including royalty interests, must agree to use the proposed method for valuing production from the agreement for royalty purposes.
</P>
<CITA TYPE="N">[53 FR 1217, Jan. 15, 1988, as amended at 78 FR 30200, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1202.101" NODE="30:3.0.2.19.3.3.1.2" TYPE="SECTION">
<HEAD>§ 1202.101   Standards for reporting and paying royalties.</HEAD>
<P>Oil volumes are to be reported in barrels of clean oil of 42 standard U.S. gallons (231 cubic inches each) at 60 °F. When reporting oil volumes for royalty purposes, corrections must have been made for Basic Sediment and Water (BS&amp;W) and other impurities. Reported American Petroleum Institute (API) oil gravities are to be those determined in accordance with standard industry procedures after correction to 60 °F. 
</P>
<CITA TYPE="N">[53 FR 1217, Jan. 15, 1988]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.3.4" TYPE="SUBPART">
<HEAD>Subpart D—Federal Gas</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 1271, Jan. 15, 1988, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1202.150" NODE="30:3.0.2.19.3.4.1.1" TYPE="SECTION">
<HEAD>§ 1202.150   Royalty on gas.</HEAD>
<P>(a) Royalties due on gas production from leases subject to the requirements of this subpart, except helium produced from Federal leases, shall be at the rate established by the terms of the lease. Royalty shall be paid in value unless ONRR requires payment in kind. When paid in value, the royalty due shall be the value, for royalty purposes, determined pursuant to 30 CFR part 1206 of this title multiplied by the royalty rate in the lease.
</P>
<P>(b)(1) All gas (except gas unavoidably lost or used on, or for the benefit of, the lease, including that gas used off-lease for the benefit of the lease when such off-lease use is permitted by the BSEE or BLM, as appropriate) produced from a Federal lease to which this subpart applies is subject to royalty.
</P>
<P>(2) When gas is used on, or for the benefit of, the lease at a production facility handling production from more than one lease with the approval of BSEE or BLM, as appropriate, or at a production facility handling unitized or communitized production, only that proportionate share of each lease's production (actual or allocated) necessary to operate the production facility may be used royalty free. 
</P>
<P>(3) Where the terms of any lease are inconsistent with this subpart, the lease terms shall govern to the extent of that inconsistency.
</P>
<P>(c) If BLM determines that gas was avoidably lost or wasted from an onshore lease, or that gas was drained from an onshore lease for which compensatory royalty is due, or if BSEE determines that gas was avoidably lost or wasted from an OCS lease, then the value of that gas shall be determined in accordance with 30 CFR part 1206.
</P>
<P>(d) If a lessee receives insurance compensation for unavoidably lost gas, royalties are due on the amount of that compensation. This paragraph shall not apply to compensation through self-insurance.
</P>
<P>(e)(1) In those instances where the lessee of any lease committed to a Federally approved unitization or communitization agreement does not actually take the proportionate share of the production attributable to its Federal lease under the terms of the agreement, the full share of production attributable to the lease under the terms of the agreement nonetheless is subject to the royalty payment and reporting requirements of this title. Except as provided in paragraph (e)(2) of this section, the value for royalty purposes of production attributable to unitized or communitized leases will be determined in accordance with 30 CFR part 1206. In applying the requirements of 30 CFR part 1206, the circumstances involved in the actual disposition of the portion of the production to which the lessee was entitled but did not take shall be considered as controlling in arriving at the value for royalty purposes of that portion, as if the person actually selling or disposing of the production were the lessee of the Federal lease.
</P>
<P>(2) If a Federal lessee takes less than its proportionate share of agreement production, upon request of the lessee ONRR may authorize a royalty valuation method different from that required by paragraph (e)(1) of this section, but consistent with the purpose of these regulations, for any volumes not taken by the lessee but for which royalties are due.
</P>
<P>(3) For purposes of this subchapter, all persons actually taking volumes in excess of their proportionate share of production in any month under a unitization or communitization agreement shall be deemed to have taken ratably from all persons actually taking less than their proportionate share of the agreement production for that month.
</P>
<P>(4) If a lessee takes less than its proportionate share of agreement production for any month but royalties are paid on the full volume of its proportionate share in accordance with the provisions of this section, no additional royalty will be owed for that lease for prior periods at the time the lessee subsequently takes more than its proportionate share to balance its account or when the lessee is paid a sum of money by the other agreement participants to balance its account.
</P>
<P>(f) For production from Federal leases which are committed to federally-approved unitization or communitization agreements, upon request of a lessee ONRR may establish the value of production pursuant to a method other than the method required by the regulations in this title if: (1) The proposed method for establishing value is consistent with the requirements of the applicable statutes, lease terms and agreement terms; (2) to the extent practical, persons with an interest in the agreement, including royalty interests, are given notice and an opportunity to comment on the proposed valuation method before it is authorized; and (3) to the extent practical, persons with an interest in a Federal lease committed to the agreement, including royalty interests, must agree to use the proposed method for valuing production from the agreement for royalty purposes. 
</P>
<CITA TYPE="N">[53 FR 1271, Jan. 15, 1988, as amended at 64 FR 43513, Aug. 10, 1999; 78 FR 30200, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1202.151" NODE="30:3.0.2.19.3.4.1.2" TYPE="SECTION">
<HEAD>§ 1202.151   Royalty on processed gas.</HEAD>
<P>(a)(1) A royalty, as provided in the lease, shall be paid on the value of: 
</P>
<P>(i) Any condensate recovered downstream of the point of royalty settlement without resorting to processing; and 
</P>
<P>(ii) Residue gas and all gas plant products resulting from processing the gas produced from a lease subject to this subpart. 
</P>
<P>(2) ONRR shall authorize a processing allowance for the reasonable, actual costs of processing the gas produced from Federal leases. Processing allowances shall be determined in accordance with 30 CFR part 1206 subpart D for gas production from Federal leases and 30 CFR part 1206 subpart E for gas production from Indian leases. 
</P>
<P>(b) A reasonable amount of residue gas shall be allowed royalty free for operation of the processing plant, but no allowance shall be made for boosting residue gas or other expenses incidental to marketing, except as provided in 30 CFR part 1206. In those situations where a processing plant processes gas from more than one lease, only that proportionate share of each lease's residue gas necessary for the operation of the processing plant shall be allowed royalty free.
</P>
<P>(c) No royalty is due on residue gas, or any gas plant product resulting from processing gas, which is reinjected into a reservoir within the same lease, unit area, or communitized area, when the reinjection is included in a plan of development or operations and the plan has received BLM or Bureau of Ocean Energy Management (BOEM) approval for onshore or offshore operations, respectively, until such time as they are finally produced from the reservoir for sale or other disposition off-lease.
</P>
<CITA TYPE="N">[53 FR 1217, Jan. 15, 1988, as amended at 61 FR 5490, Feb. 12, 1996; 64 FR 43513, Aug. 10, 1999; 78 FR 30200, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1202.152" NODE="30:3.0.2.19.3.4.1.3" TYPE="SECTION">
<HEAD>§ 1202.152   Standards for reporting and paying royalties on gas.</HEAD>
<P>(a)(1) If you are responsible for reporting production or royalties, you must:
</P>
<P>(i) Report gas volumes and British thermal unit (Btu) heating values, if applicable, under the same degree of water saturation;
</P>
<P>(ii) Report gas volumes in units of 1,000 cubic feet (mcf); and
</P>
<P>(iii) Report gas volumes and Btu heating value at a standard pressure base of 14.73 pounds per square inch absolute (psia) and a standard temperature base of 60 °F.
</P>
<P>(2) The frequency and method of Btu measurement as set forth in the lessee's contract shall be used to determine Btu heating values for reporting purposes. However, the lessee shall measure the Btu value at least semiannually by recognized standard industry testing methods even if the lessee's contract provides for less frequent measurement.
</P>
<P>(b)(1) Residue gas and gas plant product volumes shall be reported as specified in this paragraph.
</P>
<P>(2) Carbon dioxide (CO<E T="52">2</E>), nitrogen (N<E T="52">2</E>), helium (He), residue gas, and any other gas marketed as a separate product shall be reported by using the same standards specified in paragraph (a) of this section.
</P>
<P>(3) Natural gas liquids (NGL) volumes shall be reported in standard U.S. gallons (231 cubic inches) at 60 °F.
</P>
<P>(4) Sulfur (S) volumes shall be reported in long tons (2,240 pounds).
</P>
<CITA TYPE="N">[53 FR 1271, Jan. 15, 1988, as amended at 63 FR 26367, May 12, 1998]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.3.5" TYPE="SUBPART">
<HEAD>Subpart E—Solid Minerals, General [Reserved]</HEAD>

</DIV6>


<DIV6 N="F" NODE="30:3.0.2.19.3.6" TYPE="SUBPART">
<HEAD>Subpart F—Coal</HEAD>


<DIV8 N="§ 1202.250" NODE="30:3.0.2.19.3.6.1.1" TYPE="SECTION">
<HEAD>§ 1202.250   Overriding royalty interest.</HEAD>
<P>The regulations governing overriding royalty interests, production payments, or similar interests created under Federal coal leases are in 43 CFR group 3400. 
</P>
<CITA TYPE="N">[54 FR 1522, Jan. 13, 1989]






</CITA>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:3.0.2.19.3.7" TYPE="SUBPART">
<HEAD>Subpart G—Other Solid Minerals [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:3.0.2.19.3.8" TYPE="SUBPART">
<HEAD>Subpart H—Geothermal Resources</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>56 FR 57275, Nov. 8, 1991, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1202.350" NODE="30:3.0.2.19.3.8.1.1" TYPE="SECTION">
<HEAD>§ 1202.350   Scope and definitions.</HEAD>
<P>(a) This subpart is applicable to all geothermal resources produced from Federal geothermal leases issued pursuant to the Geothermal Steam Act of 1970, as amended (30 U.S.C. 1001 <I>et seq.).</I>
</P>
<P>(b) The definitions in § 1206.351 are applicable to this subpart. 
</P>
<CITA TYPE="N">[56 FR 57275, Nov. 8, 1991, as amended at 78 FR 30200, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1202.351" NODE="30:3.0.2.19.3.8.1.2" TYPE="SECTION">
<HEAD>§ 1202.351   Royalties on geothermal resources.</HEAD>
<P>(a)(1) Royalties on geothermal resources, including byproducts, or on electricity produced using geothermal resources, will be at the royalty rate(s) specified in the lease, unless the Secretary of the Interior temporarily waives, suspends, or reduces that rate(s). Royalties are determined under 30 CFR part 1206, subpart H.
</P>
<P>(2) Fees in lieu of royalties on geothermal resources are prescribed in 30 CFR part 1206, subpart H.
</P>
<P>(3) Except for the amount credited against royalties for in-kind deliveries of electricity to a State or county under § 1218.306, you must pay royalties and direct use fees in money.
</P>
<P>(b)(1) Except as specified in paragraph (b)(2) of this section, royalties or fees are due on—
</P>
<P>(i) All geothermal resources produced from a lease and that are sold or used by the lessee or are reasonably susceptible to sale or use by the lessee, or
</P>
<P>(ii) All proceeds derived from the sale of electricity produced using geothermal resources produced from a lease.
</P>
<P>(2) For purposes of this subparagraph, the terms “Class I lease,” “Class II lease,” and “Class III lease” have the same meanings prescribed in § 1206.351.
</P>
<P>(i) For Class I leases, ONRR will allow free of royalty—
</P>
<P>(A) Geothermal resources that are unavoidably lost or reinjected before use on or off the lease, as determined by the Bureau of Land Management (BLM), or that are reasonably necessary to generate plant parasitic electricity or electricity for Federal lease operations; and
</P>
<P>(B) A reasonable amount of commercially demineralized water necessary for power plant operations or otherwise used on or for the benefit of the lease.
</P>
<P>(ii) For Class II and Class III leases where the lessee uses geothermal resources for commercial production or generation of electricity, or where geothermal resources are sold at arm's length for the commercial production or generation of electricity, ONRR will allow free of royalty or direct use fees geothermal resources that are:
</P>
<P>(A) Unavoidably lost or reinjected before use on or off the lease, as determined by BLM;
</P>
<P>(B) Reasonably necessary for the lessee to generate plant parasitic electricity or electricity for Federal lease operations, as approved by BLM; or
</P>
<P>(C) Otherwise used for Federal lease operations related to commercial production or generation of electricity, as approved by BLM.
</P>
<P>(iii) For Class II and Class III leases where the lessee uses the geothermal resources for a direct use or in a direct use facility, as defined in § 1206.351, resources that are used to generate electricity for Federal lease operations or that are otherwise used for Federal lease operations are subject to direct use fees, except for geothermal resources that are unavoidably lost or reinjected before use on or off the lease, as determined by BLM.
</P>
<P>(3) Royalties on byproducts are due at the time the recovered byproduct is used, sold, or otherwise finally disposed of. Byproducts produced and added to stockpiles or inventory do not require payment of royalty until the byproducts are sold, utilized, or otherwise finally disposed of. The ONRR may ask BLM to increase the lease bond to protect the lessor's interest when BLM determines that stockpiles or inventories become excessive.
</P>
<P>(c) If BLM determines that geothermal resources (including byproducts) were avoidably lost or wasted from the lease, or that geothermal resources (including byproducts) were drained from the lease for which compensatory royalty (or compensatory fees in lieu of compensatory royalty) are due, the value of those geothermal resources, or the royalty or fees owed, will be determined under 30 CFR part 1206, subpart H.
</P>
<P>(d) If a lessee receives insurance or other compensation for unavoidably lost geothermal resources (including byproducts), royalties at the rates specified in the lease (or fees in lieu of royalties) are due on the amount of, or as a result of, that compensation. This paragraph will not apply to compensation through self-insurance.
</P>
<CITA TYPE="N">[72 FR 24458, May 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 1202.352" NODE="30:3.0.2.19.3.8.1.3" TYPE="SECTION">
<HEAD>§ 1202.352   Minimum royalty.</HEAD>
<P>In no event shall the lessee's annual royalty payments for any producing lease be less than the minimum royalty established by the lease.


</P>
</DIV8>


<DIV8 N="§ 1202.353" NODE="30:3.0.2.19.3.8.1.4" TYPE="SECTION">
<HEAD>§ 1202.353   Measurement standards for reporting and paying royalties and direct use fees.</HEAD>
<P>(a) For geothermal resources used to generate electricity, you must report the quantity on which royalty is due on Form ONRR-2014 (Report of Sales and Royalty Remittance) as follows:
</P>
<P>(1) For geothermal resources for which royalty is calculated under § 1206.352(a), you must report quantities in:
</P>
<P>(i) Thousands of pounds to the nearest whole thousand pounds if the contract for the geothermal resources specifies delivery in terms of weight; or
</P>
<P>(ii) Millions of Btu to the nearest whole million Btu if the sales contract for the geothermal resources specifies delivery in terms of heat or thermal energy.
</P>
<P>(2) For geothermal resources for which royalty is calculated under § 1206.352(b), you must report the quantities in kilowatt-hours to the nearest whole kilowatt-hour.
</P>
<P>(b) For geothermal resources used in direct use processes, you must report the quantity on which a royalty or direct use fee is due on Form ONRR-2014 in:
</P>
<P>(1) Millions of Btu to the nearest whole million Btu if valuation is in terms of heat or thermal energy used or displaced;
</P>
<P>(2) Millions of gallons to the nearest million gallons of geothermal fluid produced if valuation or fee calculation is in terms of volume;
</P>
<P>(3) Millions of pounds to the nearest million pounds of geothermal fluid produced if valuation or fee calculation is in terms of mass; or
</P>
<P>(4) Any other measurement unit ONRR approves for valuation and reporting purposes.
</P>
<P>(c) For byproducts, you must report the quantity on which royalty is due on Form ONRR-2014 consistent with ONRR-established reporting standards.
</P>
<P>(d) For commercially demineralized water, you must report the quantity on which royalty is due on Form ONRR-2014 in hundreds of gallons to the nearest hundred gallons.
</P>
<P>(e) You need not report the quality of geothermal resources, including byproducts, to ONRR. However, you must maintain quality measurements for audit purposes. Quality measurements include, but are not limited to:
</P>
<P>(1) Temperatures and chemical analyses for fluid geothermal resources; and
</P>
<P>(2) Chemical analyses, weight percent, or other purity measurements for byproducts.
</P>
<CITA TYPE="N">[72 FR 24458, May 2, 2007, as amended at 78 FR 30200, May 22, 2013]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:3.0.2.19.3.9" TYPE="SUBPART">
<HEAD>Subpart I—OCS Sulfur [Reserved]</HEAD>

</DIV6>


<DIV6 N="J" NODE="30:3.0.2.19.3.10" TYPE="SUBPART">
<HEAD>Subpart J—Gas Production From Indian Leases</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>64 FR 43514, Aug. 10, 1999, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1202.550" NODE="30:3.0.2.19.3.10.1.1" TYPE="SECTION">
<HEAD>§ 1202.550   How do I determine the royalty due on gas production?</HEAD>
<P>If you produce gas from an Indian lease subject to this subpart, you must determine and pay royalties on gas production as specified in this section.
</P>
<P>(a) <I>Royalty rate.</I> You must calculate your royalty using the royalty rate in the lease.
</P>
<P>(b) <I>Payment in value or in kind.</I> You must pay royalty in value unless:
</P>
<P>(1) The Tribal lessor requires payment in kind; or 
</P>
<P>(2) You have a lease on allotted lands and ONRR requires payment in kind.
</P>
<P>(c) <I>Royalty calculation.</I> You must use the following calculations to determine royalty due on the production from or attributable to your lease.
</P>
<P>(1) When paid in value, the royalty due is the unit value of production for royalty purposes, determined under 30 CFR part 1206, multiplied by the volume of production multiplied by the royalty rate in the lease.
</P>
<P>(2) When paid in kind, the royalty due is the volume of production multiplied by the royalty rate.
</P>
<P>(d) <I>Reduced royalty rate.</I> The Indian lessor and the Secretary may approve a request for a royalty rate reduction. In your request you must demonstrate economic hardship.
</P>
<P>(e) <I>Reporting and paying.</I> You must report and pay royalties as provided in part 1218 of this title.


</P>
</DIV8>


<DIV8 N="§ 1202.551" NODE="30:3.0.2.19.3.10.1.2" TYPE="SECTION">
<HEAD>§ 1202.551   How do I determine the volume of production for which I must pay royalty if my lease is not in an approved Federal unit or communitization agreement (AFA)?</HEAD>
<P>(a) You are liable for royalty on your entitled share of gas production from your Indian lease, except as provided in §§ 1202.555, 1202.556, and 1202.557.
</P>
<P>(b) You and all other persons paying royalties on the lease must report and pay royalties based on your takes. If another person takes some of your entitled share but does not pay the royalties owed, you are liable for those royalties.
</P>
<P>(c) You and all other persons paying royalties on the lease may ask ONRR for permission to report and pay royalties based on your entitlements. In that event, ONRR will provide valuation instructions consistent with this part and part 1206 of this title.


</P>
</DIV8>


<DIV8 N="§ 1202.552" NODE="30:3.0.2.19.3.10.1.3" TYPE="SECTION">
<HEAD>§ 1202.552   How do I determine how much royalty I must pay if my lease is in an approved Federal unit or communitization agreement (AFA)?</HEAD>
<P>You must pay royalties each month on production allocated to your lease under the terms of an AFA. To determine the volume and the value of your production, you must follow these three steps:
</P>
<P>(a) You must determine the volume of your entitled share of production allocated to your lease under the terms of an AFA. This may include production from more than one AFA.
</P>
<P>(b) You must value the production you take using 30 CFR part 1206. If you take more than your entitled share of production, see § 1202.553 for information on how to value this production. If you take less than your entitled share of production, see § 1202.554 for information on how to value production you are entitled to but do not take.


</P>
</DIV8>


<DIV8 N="§ 1202.553" NODE="30:3.0.2.19.3.10.1.4" TYPE="SECTION">
<HEAD>§ 1202.553   How do I value my production if I take more than my entitled share?</HEAD>
<P>If you take more than your entitled share of production from a lease in an AFA for any month, you must determine the weighted-average value of all of the production that you take using the procedures in 30 CFR part 1206, and use that value for your entitled share of production.


</P>
</DIV8>


<DIV8 N="§ 1202.554" NODE="30:3.0.2.19.3.10.1.5" TYPE="SECTION">
<HEAD>§ 1202.554   How do I value my production that I do not take if I take less than my entitled share?</HEAD>
<P>If you take none or only part of your entitled production from a lease in an AFA for any month, use this section to value the production that you are entitled to but do not take.
</P>
<P>(a) If you take a significant volume of production from your lease during the month, you must determine the weighted average value of the production that you take using 30 CFR part 1206, and use that value for the production that you do not take.
</P>
<P>(b) If you do not take a significant volume of production from your lease during the month, you must use paragraph (c) or (d) of this section, whichever applies.
</P>
<P>(c) In a month where you do not take production or take an insignificant volume, and if you would have used § 1206.172(b) to value the production if you had taken it, you must determine the value of production not taken for that month under § 1206.172(b) as if you had taken it.
</P>
<P>(d) If you take none of your entitled share of production from a lease in an AFA, and if that production cannot be valued under § 1206.172(b), then you must determine the value of the production that you do not take using the first of the following methods that applies:
</P>
<P>(1) The weighted average of the value of your production (under 30 CFR part 1206) in that month from other leases in the same AFA.
</P>
<P>(2) The weighted average of the value of your production (under 30 CFR part 1206) in that month from other leases in the same field or area.
</P>
<P>(3) The weighted average of the value of your production (under 30 CFR part 1206) during the previous month for production from leases in the same AFA.
</P>
<P>(4) The weighted average of the value of your production (under 30 CFR part 1206) during the previous month for production from other leases in the same field or area.
</P>
<P>(5) The latest major portion value that you received from ONRR calculated under § 1206.174 for the same ONRR-designated area.
</P>
<P>(e) You may take less than your entitled share of AFA production for any month, but pay royalties on the full volume of your entitled share under this section. If you do, you will owe no additional royalty for that lease for that month when you later take more than your entitled share to balance your account. The provisions of this paragraph (e) also apply when the other AFA participants pay you money to balance your account.


</P>
</DIV8>


<DIV8 N="§ 1202.555" NODE="30:3.0.2.19.3.10.1.6" TYPE="SECTION">
<HEAD>§ 1202.555   What portion of the gas that I produce is subject to royalty?</HEAD>
<P>(a) All gas produced from or allocated to your Indian lease is subject to royalty except the following:
</P>
<P>(1) Gas that is unavoidably lost.
</P>
<P>(2) Gas that is used on, or for the benefit of, the lease.
</P>
<P>(3) Gas that is used off-lease for the benefit of the lease when the Bureau of Land Management (BLM) approves such off-lease use.
</P>
<P>(4) Gas used as plant fuel as provided in § 1206.179(e).
</P>
<P>(b) You may use royalty-free only that proportionate share of each lease's production (actual or allocated) necessary to operate the production facility when you use gas for one of the following purposes:
</P>
<P>(1) On, or for the benefit of, the lease at a production facility handling production from more than one lease with BLM's approval.
</P>
<P>(2) At a production facility handling unitized or communitized production.
</P>
<P>(c) If the terms of your lease are inconsistent with this subpart, your lease terms will govern to the extent of that inconsistency.


</P>
</DIV8>


<DIV8 N="§ 1202.556" NODE="30:3.0.2.19.3.10.1.7" TYPE="SECTION">
<HEAD>§ 1202.556   How do I determine the value of avoidably lost, wasted, or drained gas?</HEAD>
<P>If BLM determines that a volume of gas was avoidably lost or wasted, or a volume of gas was drained from your Indian lease for which compensatory royalty is due, then you must determine the value of that volume of gas under 30 CFR part 1206.


</P>
</DIV8>


<DIV8 N="§ 1202.557" NODE="30:3.0.2.19.3.10.1.8" TYPE="SECTION">
<HEAD>§ 1202.557   Must I pay royalty on insurance compensation for unavoidably lost gas?</HEAD>
<P>If you receive insurance compensation for unavoidably lost gas, you must pay royalties on the amount of that compensation. This paragraph does not apply to compensation through self-insurance.


</P>
</DIV8>


<DIV8 N="§ 1202.558" NODE="30:3.0.2.19.3.10.1.9" TYPE="SECTION">
<HEAD>§ 1202.558   What standards do I use to report and pay royalties on gas?</HEAD>
<P>(a) You must report gas volumes as follows:
</P>
<P>(1) Report gas volumes and Btu heating values, if applicable, under the same degree of water saturation. Report gas volumes and Btu heating value at a standard pressure base of 14.73 psia and a standard temperature of 60 degrees Fahrenheit. Report gas volumes in units of 1,000 cubic feet (Mcf).
</P>
<P>(2) You must use the frequency and method of Btu measurement stated in your contract to determine Btu heating values for reporting purposes. However, you must measure the Btu value at least semi-annually by recognized standard industry testing methods even if your contract provides for less frequent measurement.
</P>
<P>(b) You must report residue gas and gas plant product volumes as follows:
</P>
<P>(1) Report carbon dioxide (CO<E T="52">2</E>), nitrogen (N<E T="52">2</E>), helium (He), residue gas, and any gas marketed as a separate product by using the same standards specified in paragraph (a) of this section.
</P>
<P>(2) Report natural gas liquid (NGL) volumes in standard U.S. gallons (231 cubic inches) at 60 degrees F.
</P>
<P>(3) Report sulfur (S) volumes in long tons (2,240 pounds).


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="1203" NODE="30:3.0.2.19.4" TYPE="PART">
<HEAD>PART 1203—RELIEF OR REDUCTION IN ROYALTY RATES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>25 U.S.C. 396 <I>et seq.;</I> 25 U.S.C. 396a <I>et seq.;</I> 25 U.S.C. 2101 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.;</I> 30 U.S.C. 351 <I>et seq.;</I> 30 U.S.C. 1701 <I>et seq.;</I> 31 U.S.C. 9701; 43 U.S.C. 1301 <I>et seq.;</I> and 43 U.S.C. 1331 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 35641, Aug. 5, 1983, unless otherwise noted. Redesignated at 75 FR 61067, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV8 N="§ 1203.250" NODE="30:3.0.2.19.4.0.1.1" TYPE="SECTION">
<HEAD>§ 1203.250   Advance royalty.</HEAD>
<P>Provisions for the payment of advance royalty in lieu of continued operation are contained at 43 CFR 3483.4. 
</P>
<CITA TYPE="N">[54 FR 1522, Jan. 13, 1989] 


</CITA>
</DIV8>


<DIV8 N="§ 1203.251" NODE="30:3.0.2.19.4.0.1.2" TYPE="SECTION">
<HEAD>§ 1203.251   Reduction in royalty rate or rental.</HEAD>
<P>An application for reduction in coal royalty rate or rental shall be filed and processed in accordance with 43 CFR group 3400.
</P>
<CITA TYPE="N">[54 FR 1522, Jan. 13, 1989]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="1204" NODE="30:3.0.2.19.5" TYPE="PART">
<HEAD>PART 1204—ALTERNATIVES FOR MARGINAL PROPERTIES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1701 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>69 FR 55088, Sept. 13, 2004, unless otherwise noted. Redesignated at 75 FR 61067, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.5.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 1204.1" NODE="30:3.0.2.19.5.1.1.1" TYPE="SECTION">
<HEAD>§ 1204.1   What is the purpose of this part?</HEAD>
<P>This part explains how you as a lessee or designee of a Federal onshore or Outer Continental Shelf (OCS) oil and gas lease may obtain prepayment or accounting and auditing relief for production from certain marginal properties. This part does not apply to production from Indian leases, even if the Indian lease is within an agreement that qualifies as a marginal property.


</P>
</DIV8>


<DIV8 N="§ 1204.2" NODE="30:3.0.2.19.5.1.1.2" TYPE="SECTION">
<HEAD>§ 1204.2   What definitions apply to this part?</HEAD>
<P><I>Agreement</I> means a federally approved communitization agreement or unit participating area.
</P>
<P><I>Barrels of oil equivalent (BOE)</I> means the combined equivalent production of oil and gas stated in barrels of oil. Each barrel of oil production is equal to one BOE. Also, each 6,000 cubic feet of gas production is equal to one BOE.
</P>
<P><I>Base period</I> means the 12-month period from July 1 through June 30 immediately preceding the calendar year for which you take or request marginal property relief. For example, if you request relief for calendar year 2006, your base period is July 1, 2004, through June 30, 2005.
</P>
<P><I>Combined equivalent production</I> means the total of all oil and gas production for the marginal property, stated in BOE.
</P>
<P><I>Designee</I> means the person designated by a lessee under § 1218.52 to make all or part of the royalty or other payments due on a lease on the lessee's behalf.
</P>
<P><I>Producing wells</I> means only those producing oil or gas wells that contribute to the sum of BOE used in the calculation under § 1204.4(c). Producing wells do not include injection or water wells. Wells with multiple zones commingled downhole are considered as a single well.
</P>
<P><I>Property</I> means a lease, a portion of a lease, or an agreement that may be a marginal property if it meets the qualification requirements of § 1204.4.
</P>
<P><I>State concerned (State)</I> means the State that receives a statutorily prescribed portion of the royalties from a Federal onshore or OCS lease.


</P>
</DIV8>


<DIV8 N="§ 1204.3" NODE="30:3.0.2.19.5.1.1.3" TYPE="SECTION">
<HEAD>§ 1204.3   What alternatives are available for marginal properties?</HEAD>
<P>If you have production from a marginal property, ONRR and the State may allow you the following options:
</P>
<P>(a) <I>Prepay royalty.</I> ONRR and the State may allow you to make a lump-sum advance payment of royalties instead of monthly royalty payments for the remainder of the lease term. See subpart B for prepayment of royalty requirements.
</P>
<P>(b) <I>Take accounting and auditing relief.</I> ONRR and the State may allow various accounting and auditing relief options to encourage you to continue to produce and develop your marginal property. See subpart C for accounting and auditing relief requirements.


</P>
</DIV8>


<DIV8 N="§ 1204.4" NODE="30:3.0.2.19.5.1.1.4" TYPE="SECTION">
<HEAD>§ 1204.4   What is a marginal property under this part?</HEAD>
<P>(a) To qualify as a marginal property eligible for royalty prepayment or accounting and auditing relief under this part, the property must meet the following requirements: 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If your lease is . . .
</TH><TH class="gpotbl_colhed" scope="col">Then . . .
</TH><TH class="gpotbl_colhed" scope="col">And . . .
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Not in an agreement</TD><TD align="left" class="gpotbl_cell">The lease must qualify as a marginal property under paragraph (b) of this section</TD><TD align="left" class="gpotbl_cell"></TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) Entirely or partly committed to one agreement</TD><TD align="left" class="gpotbl_cell">The entire agreement must qualify as a marginal property under paragraph (b) of this section</TD><TD align="left" class="gpotbl_cell">Agreement production allocable to your lease may be eligible for relief under this part. Any production from your lease that is not committed to the agreement also may be eligible for separate relief under paragraph (a)(4) of this table.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) Entirely or partly committed to more than one agreement</TD><TD align="left" class="gpotbl_cell">Each agreement must qualify separately as a marginal property under paragraph (b) of this section</TD><TD align="left" class="gpotbl_cell">For any agreement that does qualify, that agreement's production allocable to your lease may be eligible for relief under this part. Any production from your lease that is not committed to an agreement also may be eligible for separate relief under paragraph (a)(4) of this table.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) Partly committed to an agreement and you have production from the part of the lease that is not committed to the agreement</TD><TD align="left" class="gpotbl_cell">The part of the lease that is not committed to the agreement must qualify separately as a marginal property under paragraph (b) of this section</TD><TD align="left" class="gpotbl_cell"/></TR></TABLE></DIV></DIV>
<P>(b) To qualify as a marginal property for a calendar year, the combined equivalent production of the property during the base period must equal an average daily well production of less than 15 barrels of oil equivalent (BOE) per well per day calculated under paragraph (c) of this section.
</P>
<P>(c) To determine the average daily well production for a property, divide the sum of the BOE for all producing wells on the property during the base period by the sum of the number of days that each of those wells actually produced during the base period. If the property is an agreement, your calculation under this paragraph must include all wells included in the agreement, even if they are not on a Federal onshore or OCS lease.


</P>
</DIV8>


<DIV8 N="§ 1204.5" NODE="30:3.0.2.19.5.1.1.5" TYPE="SECTION">
<HEAD>§ 1204.5   What statutory requirements must I meet to obtain royalty prepayment or accounting and auditing relief?</HEAD>
<P>(a) ONRR and the State may allow royalty prepayment or accounting and auditing relief for your marginal property production if ONRR and the State jointly determine that the prepayment or accounting and auditing relief is in the best interests of the Federal Government and the State to:
</P>
<P>(1) Promote production;
</P>
<P>(2) Reduce the administrative costs of ONRR and the State; and
</P>
<P>(3) Increase net receipts to the Federal Government and the State.
</P>
<P>(b) At any time, if ONRR and the State determine that either prepayment or accounting and auditing relief no longer meets the criteria in paragraph (a) of this section, ONRR, with the State's concurrence, may discontinue any prepayment or accounting and auditing relief options granted for production from any marginal property.
</P>
<P>(1) ONRR will provide you written notice of the decision to discontinue relief.
</P>
<P>(i) If you took the cumulative reports and payments relief option under § 1204.202, your relief will terminate at the end of the calendar year in which you received the notice.
</P>
<P>(ii) If you were approved for prepayment relief under subpart B of this part or other relief under § 1204.203, ONRR's notice will tell you when your relief terminates.
</P>
<P>(2) ONRR's decision to discontinue relief is not subject to administrative appeal.


</P>
</DIV8>


<DIV8 N="§ 1204.6" NODE="30:3.0.2.19.5.1.1.6" TYPE="SECTION">
<HEAD>§ 1204.6   May I appeal if ONRR denies my request for prepayment or other relief?</HEAD>
<P>If ONRR denies your request for prepayment relief under subpart B of this part or other relief under § 1204.203, you may appeal under 30 CFR part 1290.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.5.2" TYPE="SUBPART">
<HEAD>Subpart B—Prepayment of Royalty [Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.5.3" TYPE="SUBPART">
<HEAD>Subpart C—Accounting and Auditing Relief</HEAD>


<DIV8 N="§ 1204.200" NODE="30:3.0.2.19.5.3.1.1" TYPE="SECTION">
<HEAD>§ 1204.200   What is the purpose of this subpart?</HEAD>
<P>This subpart explains how you as a lessee or designee may obtain accounting and auditing relief for your Federal onshore or OCS lease production from a marginal property. The two types of accounting and auditing relief that you can receive under this subpart are cumulative reports and payment relief (explained in § 1204.202) and other accounting and auditing relief appropriate for your property (explained in § 1204.203).


</P>
</DIV8>


<DIV8 N="§ 1204.201" NODE="30:3.0.2.19.5.3.1.2" TYPE="SECTION">
<HEAD>§ 1204.201   Who may obtain accounting and auditing relief?</HEAD>
<P>(a) You may obtain accounting and auditing relief under this subpart:
</P>
<P>(1) If you are a lessee or a designee for a Federal lease with production from a property that qualifies as a marginal property under § 1204.4;
</P>
<P>(2) If you meet any additional requirements for specific types of relief under this subpart; and
</P>
<P>(3) Only for the fractional interest in production from the marginal property for which you report and pay royalty. You may obtain relief even if the other lessees or designees for your lease or agreement do not request relief.
</P>
<P>(b) You may not obtain one or both of the relief options specified in this subpart on any portion of production from a marginal property if:
</P>
<P>(1) The marginal property covers multiple States; and
</P>
<P>(2) One of the States determines under § 1204.208 that it will not allow the relief option you seek.


</P>
</DIV8>


<DIV8 N="§ 1204.202" NODE="30:3.0.2.19.5.3.1.3" TYPE="SECTION">
<HEAD>§ 1204.202   What is the cumulative royalty reports and payments relief option?</HEAD>
<P>(a) The cumulative royalty reports and payments relief option allows you to submit one royalty report and payment annually for production during a calendar year. You are eligible for this option only if the total volume produced from the marginal property (not just your share of the production) is 1,000 BOE or less during the base period.
</P>
<P>(b) To use the cumulative royalty reports and payments relief option, you must do all of the following:
</P>
<P>(1) Notify ONRR in writing by January 31 of the calendar year for which you begin taking your relief. See § 1204.205(a) for what your notification must contain;
</P>
<P>(2) Submit your royalty report and payment in accordance with 30 CFR 1218.51(g) by the end of February of the year following the calendar year for which you reported annually, unless you have an estimated payment on file. If you have an estimated payment on file, you must submit your royalty report and payment by the end of March of the year following the calendar year for which you reported annually;
</P>
<P>(3) Use the sales month prior to the month that you submit your annual report and payment under paragraph (b)(2) of this section on your Report of Sales and Royalty Remittance, Form ONRR-2014, for the entire previous calendar year's production for which you are paying annually. (For example, for a report in February use January as your sales month, and for a report in March use February as your sales month, to report production for the entire previous calendar year for which you are paying annually);
</P>
<P>(4) Report one line of cumulative royalty information on Form ONRR-2014 for the calendar year, the same as if it were a monthly report; and
</P>
<P>(5) Report allowances on Form ONRR-2014 on the same annual basis as the royalties for your marginal property production.
</P>
<P>(c) If you do not pay your royalty by the date due in paragraph (b) of this section, you will owe late payment interest determined under 30 CFR 1218.54 from the date your payment was due under this section until the date ONRR receives it.
</P>
<P>(d) If you take relief you are not qualified for, you may be liable for civil penalties. Also you must:
</P>
<P>(1) Pay ONRR late payment interest determined under § 1218.54 from the date your payment was due until the date ONRR receives it; and
</P>
<P>(2) Amend your Form ONRR-2014 to reflect the required monthly reporting.
</P>
<P>(e) If you dispose of your ownership interest in a marginal property for which you have taken relief under this section (or if you are a designee who reports and pays royalty for a lessee who has disposed of its ownership interest), you must:
</P>
<P>(1) Report and pay royalties for the portion of the calendar year for which you had an ownership interest; and
</P>
<P>(2) Make the report and payment by the end of the month after you dispose of the ownership interest in the marginal property. If you do not report and pay timely, you will owe interest determined under § 1218.54 from the date the payment was due under this section.
</P>
<CITA TYPE="N">[69 FR 55088, Sept. 13, 2004, as amended at 78 FR 30200, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1204.203" NODE="30:3.0.2.19.5.3.1.4" TYPE="SECTION">
<HEAD>§ 1204.203   What is the other relief option?</HEAD>
<P>(a) Under this relief option, you may request any type of accounting and auditing relief that is appropriate for production from your marginal property, provided it is not prohibited under § 1204.204 and meets the statutory requirements of § 1204.5. Examples of relief options you could request are:
</P>
<P>(1) To report and pay royalties using a valuation method other than that required under 30 CFR part 1206 that approximates royalties payable under that part 1206; and
</P>
<P>(2) To reduce your royalty audit burden. However, ONRR will not consider any request that eliminates ONRR's or the States' right to audit.
</P>
<P>(b) You must request approval from ONRR under § 1204.205(b), and receive approval under § 1204.206 before taking relief under this option.


</P>
</DIV8>


<DIV8 N="§ 1204.204" NODE="30:3.0.2.19.5.3.1.5" TYPE="SECTION">
<HEAD>§ 1204.204   What accounting and auditing relief will ONRR not allow?</HEAD>
<P>ONRR will not approve your request for accounting and auditing relief under this subpart if your request:
</P>
<P>(a) Prohibits ONRR or the State from conducting any form of audit;
</P>
<P>(b) Permanently relieves you from making future royalty reports or payments;
</P>
<P>(c) Provides for less frequent royalty reports and payments than annually;
</P>
<P>(d) Provides for you to submit royalty reports and payments at separate times;
</P>
<P>(e) Impairs ONRR's ability to properly or efficiently account for or distribute royalties;
</P>
<P>(f) Requests relief for a lease under which the Federal Government takes its royalties in kind;
</P>
<P>(g) Alters production reporting requirements;
</P>
<P>(h) Alters lease operation or safety requirements;
</P>
<P>(i) Conflicts with rent, minimum royalty, or lease requirements; or
</P>
<P>(j) Requests relief for production from a marginal property located in whole or in part in a State that has determined that it will not allow such relief under § 1204.208.


</P>
</DIV8>


<DIV8 N="§ 1204.205" NODE="30:3.0.2.19.5.3.1.6" TYPE="SECTION">
<HEAD>§ 1204.205   How do I obtain accounting and auditing relief?</HEAD>
<P>(a) To take cumulative reports and payments relief under § 1204.202, you must notify ONRR in writing by January 31 of the calendar year for which you begin taking your relief.
</P>
<P>(1) Your notification must contain:
</P>
<P>(i) Your company name, ONRR-assigned payor code, address, phone number, and contact name; and
</P>
<P>(ii) The specific ONRR lease number and agreement number, if applicable.
</P>
<P>(2) You may file a single notification for multiple marginal properties.
</P>
<P>(b) To obtain other relief under § 1204.203, you must file a written request for relief with ONRR.
</P>
<P>(1) Your request must contain:
</P>
<P>(i) Your company name, ONRR-assigned payor code, address, phone number, and contact name;
</P>
<P>(ii) The ONRR lease number and agreement number, if applicable; and
</P>
<P>(iii) A complete and detailed description of the specific accounting or auditing relief you seek.
</P>
<P>(2) You may file a single request for multiple marginal properties if you are requesting the same relief for all properties.


</P>
</DIV8>


<DIV8 N="§ 1204.206" NODE="30:3.0.2.19.5.3.1.7" TYPE="SECTION">
<HEAD>§ 1204.206   What will ONRR do when it receives my request for other relief?</HEAD>
<P>When ONRR receives your request for other relief under § 1204.205(b), it will notify you in writing as follows:
</P>
<P>(a) If your request for relief is complete, ONRR may either approve, deny, or modify your request in writing after consultation with any State required under § 1204.207(b).
</P>
<P>(1) If ONRR approves your request for relief, ONRR will notify you of the effective date of your accounting or auditing relief and other specifics of the relief approved.
</P>
<P>(2) If ONRR denies your relief request, ONRR will notify you of the reasons for denial and your appeal rights under § 1204.6.
</P>
<P>(3) If ONRR modifies your relief request, ONRR will notify you of the modifications.
</P>
<P>(i) You have 60 days from your receipt of ONRR's notice to either accept or reject any modification(s) in writing.
</P>
<P>(ii) If you reject the modification(s) or fail to respond to ONRR's notice, ONRR will deny your relief request. ONRR will notify you in writing of the reasons for denial and your appeal rights under § 1204.6.
</P>
<P>(b) If your request for relief is not complete, ONRR will notify you in writing that your request is incomplete and identify any missing information.
</P>
<P>(1) You must submit the missing information within 60 days of your receipt of ONRR's notice that your request is incomplete.
</P>
<P>(2) After you submit all required information, ONRR may approve, deny, or modify your request for relief under paragraph (a) of this section.
</P>
<P>(3) If you do not submit all required information within 60 days of your receipt of ONRR's notice that your request is incomplete, ONRR will deny your relief request. ONRR will notify you in writing of the reasons for denial and your appeal rights under § 1204.6.
</P>
<P>(4) You may submit a new request for relief under this subpart at any time after ONRR returns your incomplete request.
</P>
<CITA TYPE="N">[69 FR 55088, Sept. 13, 2004, as amended at 78 FR 30200, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1204.207" NODE="30:3.0.2.19.5.3.1.8" TYPE="SECTION">
<HEAD>§ 1204.207   Who will approve, deny, or modify my request for accounting and auditing relief?</HEAD>
<P>(a) If there is not a State concerned for your marginal property, only ONRR will decide whether to approve, deny, or modify your relief request.
</P>
<P>(b) If there is a State concerned for your marginal property that has determined in advance under § 1204.208 that it will allow either or both of the relief options under this subpart, ONRR will decide whether to approve, deny, or modify your relief request after consulting with the State concerned.
</P>
<CITA TYPE="N">[69 FR 55088, Sept. 13, 2004, as amended at 76 FR 38561, July 1, 2011]


</CITA>
</DIV8>


<DIV8 N="§ 1204.208" NODE="30:3.0.2.19.5.3.1.9" TYPE="SECTION">
<HEAD>§ 1204.208   May a State decide that it will or will not allow one or both of the relief options under this subpart?</HEAD>
<P>(a) A State may decide in advance that it will or will not allow one or both of the relief options specified in this subpart for a particular calendar year. If a State decides that it will not consent to one or both of the relief options, ONRR will not grant that type of marginal property relief.
</P>
<P>(b) To help States decide whether to allow one or both of the relief options specified in this subpart, for each calendar year ONRR will send States a Report of Marginal Properties by October 1 preceding the calendar year.
</P>
<P>(c) If a State decides under paragraph (a) of this section that it will or will not allow one or both of the relief options in this subpart during the next calendar year, within 30 days of the State's receipt of the Report of Marginal Properties under paragraph (b) of this section, the State must:
</P>
<P>(1) Notify the Director for Office of Natural Resources Revenue, in writing, of its intent to allow or not allow one or both of the relief options under this subpart; and
</P>
<P>(2) Specify in its notice of intent to ONRR which relief option(s) it will allow or not allow.
</P>
<P>(d) If a State decides in advance under paragraph (a) of this section that it will not allow one or both of the relief options specified in this subpart, it may decide for subsequent calendar years that it will allow one or both of the relief options in this subpart. If it so decides, within 30 days of the State's receipt of the Report of Marginal Properties under paragraph (b) of this section, the State must:
</P>
<P>(1) Notify the Director for Office of Natural Resources Revenue, in writing, of its intent to allow one or both of the relief options allowed under this subpart during the next calendar year; and
</P>
<P>(2) Specify in its notice of intent to ONRR which relief option(s) it will allow.
</P>
<P>(e) If a State does not notify ONRR under paragraph (c) or (d) of this section, the State will be deemed to have decided not to allow either of the relief options under this subpart for the next calendar year.
</P>
<P>(f) ONRR will publish a notice of the State's intent to allow or not allow certain relief options under this section in the <E T="04">Federal Register</E> no later than 30 days before the beginning of the applicable calendar year.


</P>
</DIV8>


<DIV8 N="§ 1204.209" NODE="30:3.0.2.19.5.3.1.10" TYPE="SECTION">
<HEAD>§ 1204.209   What if a property ceases to qualify for relief obtained under this subpart?</HEAD>
<P>(a) A marginal property must qualify for relief under this subpart for each calendar year based on production during the base period for that calendar year. The notice or request you provided to ONRR under § 1204.205 for the first calendar year that the property qualified for relief remains effective for successive calendar years if the property continues to qualify.
</P>
<P>(b) If a property is no longer eligible for relief for any reason during a calendar year other than the reason under § 1204.210 or paragraph (c) of this section, the relief for the property terminates as of December 31 of that calendar year. You must notify ONRR in writing by December 31 that the relief for the property has terminated.
</P>
<P>(c) If you dispose of your interest in a marginal property during the calendar year, your relief terminates as of the end of the sales month in which you disposed of the property. Report and pay royalties for your production using the procedures in § 1204.202(e).


</P>
</DIV8>


<DIV8 N="§ 1204.210" NODE="30:3.0.2.19.5.3.1.11" TYPE="SECTION">
<HEAD>§ 1204.210   What if a property is approved as part of a nonqualifying agreement?</HEAD>
<P>If the Bureau of Land Management (BLM) or BOEM retroactively approves a marginal property that qualified for relief for inclusion as part of an agreement that does not qualify for relief under this subpart, the property no longer qualifies for relief under this subpart then:
</P>
<P>(a) ONRR will not retroactively rescind the marginal property relief for production from your property under § 1204.211;
</P>
<P>(b) Your marginal property relief terminates as of December 31 of the calendar year that you receive the BLM or BOEM approval of your marginal property as part of a nonqualifying agreement; and
</P>
<P>(c) For the calendar year in which you receive the BLM or BOEMRE approval, and for any previous period affected by the approval, the volumes on which you report and pay royalty for your lease must be amended to reflect all volumes produced on or allocated to your lease under the nonqualifying agreement as modified by BLM or BOEM. Report and pay royalties for your production using the procedures in § 1204.202(b).
</P>
<P>(d) If you owe additional royalties based on the retroactive agreement approval and do not pay your royalty by the date due in § 1204.202(b), you will owe late payment interest determined under § 1218.54 from the date your payment was due under § 1204.202 (b)(2) until the date ONRR receives it.
</P>
<CITA TYPE="N">[69 FR 55088, Sept. 13, 2004, as amended at 78 FR 30200, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1204.211" NODE="30:3.0.2.19.5.3.1.12" TYPE="SECTION">
<HEAD>§ 1204.211   When may ONRR rescind relief for a property?</HEAD>
<P>(a) ONRR may retroactively rescind the relief for your property if ONRR determines that your property was not eligible for the relief obtained under this subpart because:
</P>
<P>(1) You did not submit a notice or request for relief under § 1204.205;
</P>
<P>(2) You submitted erroneous information in the notice or request for relief you provided to ONRR under § 1204.205 or in your royalty or production reports; or
</P>
<P>(3) Your property is no longer eligible for relief because production increased, but you failed to provide the notice required under § 1204.209(b).
</P>
<P>(b) ONRR may rescind relief for your property if ONRR decides to take royalty in kind.


</P>
</DIV8>


<DIV8 N="§ 1204.212" NODE="30:3.0.2.19.5.3.1.13" TYPE="SECTION">
<HEAD>§ 1204.212   What if I took relief for which I was ineligible?</HEAD>
<P>If you took relief under this subpart for a period for which you were not eligible, you:
</P>
<P>(a) May owe additional royalties and late payment interest determined under § 1218.54 from the date your additional payments were due until the date ONRR receives them; and
</P>
<P>(b) May be subject to civil penalties.


</P>
</DIV8>


<DIV8 N="§ 1204.213" NODE="30:3.0.2.19.5.3.1.14" TYPE="SECTION">
<HEAD>§ 1204.213   May I obtain relief for a property that benefits from other Federal or State incentive programs?</HEAD>
<P>You may obtain accounting and auditing relief for production from a marginal property under this subpart even if the property benefits from other Federal or State production incentive programs.


</P>
</DIV8>


<DIV8 N="§ 1204.214" NODE="30:3.0.2.19.5.3.1.15" TYPE="SECTION">
<HEAD>§ 1204.214   Is minimum royalty due on a property for which I took relief?</HEAD>
<P>(a) If you took cumulative royalty reports and payment relief on a property under this subpart, minimum royalty is still due for that property by the date prescribed in your lease and in the amount prescribed therein.
</P>
<P>(b) If you pay minimum royalty on production from a marginal property during a calendar year for which you are taking cumulative royalty reports and payment relief, and:
</P>
<P>(1) The annual payment you owe under this subpart is greater than the minimum royalty you paid, you must pay the difference between the minimum royalty you paid and your annual payment due under this subpart; or
</P>
<P>(2) The annual payment you owe under this subpart is less than the minimum royalty you paid, you are not entitled to a credit because you must pay at least the minimum royalty amount on your lease each year.


</P>
</DIV8>


<DIV8 N="§ 1204.215" NODE="30:3.0.2.19.5.3.1.16" TYPE="SECTION">
<HEAD>§ 1204.215   Are the information collection requirements in this subpart approved by the Office of Management and Budget (OMB)?</HEAD>
<P>OMB approved the information collection requirements contained in this subpart under 44 U.S.C. 3501 <I>et seq.</I> ONRR identifies the approved OMB control number in 30 CFR 1210.10.
</P>
<CITA TYPE="N">[78 FR 30200, May 22, 2013]


</CITA>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="1206" NODE="30:3.0.2.19.6" TYPE="PART">
<HEAD>PART 1206—PRODUCT VALUATION
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.,</I> 25 U.S.C. 396, 396a <I>et seq.,</I> 398, 398a <I>et seq.,</I> 2101 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.,</I> 351 <I>et seq.,</I> 1001 <I>et seq.,</I> 1701 <I>et seq.;</I> 43 U.S.C. 1301 <I>et seq.,</I> 1331 <I>et seq.,</I> and 1801 <I>et seq.</I> 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 35641, Aug. 5, 1983, unless otherwise noted. Redesignated at 75 FR 61069, Oct. 4, 2010.
</PSPACE></SOURCE>
<EDNOTE>
<HED>Editorial Note:</HED><PSPACE>Nomenclature changes to part 1206 (formerly part 206) appear at 67 FR 19111, Apr. 18, 2002.</PSPACE></EDNOTE>

<DIV6 N="A" NODE="30:3.0.2.19.6.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions and Definitions</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>85 FR 62019, Oct. 1, 2020, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1206.10" NODE="30:3.0.2.19.6.1.3.1" TYPE="SECTION">
<HEAD>§ 1206.10   Has the Office of Management and Budget (OMB) approved the information collection requirements in this part?</HEAD>
<P>OMB has approved the information collection requirement contained in this part under 44 U.S.C. 3501 <I>et seq.</I> See 30 CFR part 1210 for details concerning the estimated reporting burden and how to comment on the accuracy of the burden estimate.




</P>
</DIV8>


<DIV8 N="§ 1206.20" NODE="30:3.0.2.19.6.1.3.2" TYPE="SECTION">
<HEAD>§ 1206.20   What definitions apply to this part?</HEAD>
<P>The definitions in this section do not apply to subparts F and J of this part.
</P>
<P><I>Affiliate</I> means a person who controls, is controlled by, or is under common control with another person. For the purposes of this subpart:
</P>
<P>(1) Ownership or common ownership of more than 50 percent of the voting securities, or instruments of ownership or other forms of ownership, of another person constitutes control. Ownership of less than 10 percent constitutes a presumption of non-control that ONRR may rebut.
</P>
<P>(2) If there is ownership or common ownership of 10 through 50 percent of the voting securities or instruments of ownership, or other forms of ownership, of another person, ONRR will consider each of the following factors to determine if there is control under the circumstances of a particular case:
</P>
<P>(i) The extent to which there are common officers or directors.
</P>
<P>(ii) With respect to the voting securities, or instruments of ownership or other forms of ownership: The percentage of ownership or common ownership, the relative percentage of ownership or common ownership compared to the percentage(s) of ownership by other persons, if a person is the greatest single owner, or if there is an opposing voting bloc of greater ownership.
</P>
<P>(iii) Operation of a lease, plant, pipeline, or other facility.
</P>
<P>(iv) The extent of others owners' participation in operations and day-to-day management of a lease, plant, or other facility.
</P>
<P>(v) Other evidence of power to exercise control over or common control with another person.
</P>
<P>(3) Regardless of any percentage of ownership or common ownership, relatives, either by blood or marriage, are affiliates.
</P>
<P><I>ANS</I> means Alaska North Slope.
</P>
<P><I>Area</I> means a geographic region at least as large as the limits of an oil and/or gas field, in which oil and/or gas lease products have similar quality and economic characteristics. Area boundaries are not officially designated and the areas are not necessarily named.
</P>
<P><I>Arm's-length-contract</I> means a contract or agreement between independent persons who are not affiliates and who have opposing economic interests regarding that contract. To be considered arm's-length for any production month, a contract must satisfy this definition for that month, as well as when the contract was executed.
</P>
<P><I>Audit</I> means an examination, conducted under the generally accepted Governmental Auditing Standards, of royalty reporting and payment compliance activities of lessees, designees or other persons who pay royalties, rents, or bonuses on Federal leases or Indian leases.
</P>
<P><I>BIA</I> means the Bureau of Indian Affairs of the Department of the Interior.
</P>
<P><I>BLM</I> means the Bureau of Land Management of the Department of the Interior.
</P>
<P><I>BOEM</I> means the Bureau of Ocean Energy Management of the Department of the Interior.
</P>
<P><I>BSEE</I> means the Bureau of Safety and Environmental Enforcement of the Department of the Interior.
</P>
<P><I>Compression</I> means the process of raising the pressure of gas.
</P>
<P><I>Condensate</I> means liquid hydrocarbons (normally exceeding 40 degrees of API gravity) recovered at the surface without processing. Condensate is the mixture of liquid hydrocarbons resulting from condensation of petroleum hydrocarbons existing initially in a gaseous phase in an underground reservoir.
</P>
<P><I>Constraint</I> means a reduction in, or elimination of, gas flow, deliveries, or sales required by the delivery system.
</P>
<P><I>Contract</I> means any oral or written agreement, including amendments or revisions, between two or more persons, that is enforceable by law and that, with due consideration, creates an obligation.
</P>
<P><I>Designee</I> means the person whom the lessee designates to report and pay the lessee's royalties for a lease.
</P>
<P><I>Exchange agreement</I> means an agreement where one person agrees to deliver oil to another person at a specified location in exchange for oil deliveries at another location. Exchange agreements may or may not specify prices for the oil involved. They frequently specify dollar amounts reflecting location, quality, or other differentials. Exchange agreements include buy/sell agreements, which specify prices to be paid at each exchange point and may appear to be two separate sales within the same agreement. Examples of other types of exchange agreements include, but are not limited to, exchanges of produced oil for specific types of crude oil (such as West Texas Intermediate); exchanges of produced oil for other crude oil at other locations (Location Trades); exchanges of produced oil for other grades of oil (Grade Trades); and multi-party exchanges.
</P>
<P><I>FERC</I> means Federal Energy Regulatory Commission.
</P>
<P><I>Field</I> mean<I>s</I> a geographic region situated over one or more subsurface oil and gas reservoirs and encompassing at least the outermost boundaries of all oil and gas accumulations known within those reservoirs, vertically projected to the land surface. State oil and gas regulatory agencies usually name onshore fields and designate their official boundaries. BOEM names and designates boundaries of OCS fields.
</P>
<P><I>Gas</I> means any fluid, either combustible or non-combustible, hydrocarbon or non-hydrocarbon, which is extracted from a reservoir and which has neither independent shape nor volume, but tends to expand indefinitely. It is a substance that exists in a gaseous or rarefied state under standard temperature and pressure conditions.
</P>
<P><I>Gas plant products</I> means separate marketable elements, compounds, or mixtures, whether in liquid, gaseous, or solid form, resulting from processing gas, excluding residue gas.
</P>
<P><I>Gathering</I> means the movement of lease production to a central accumulation or treatment point on the lease, unit, or communitized area, or to a central accumulation or treatment point off of the lease, unit, or communitized area that BLM or BSEE approves for onshore and offshore leases, respectively, including any movement of bulk production from the wellhead to a platform offshore.
</P>
<P><I>Geographic region</I> means, for Federal gas, an area at least as large as the defined limits of an oil and or gas field in which oil and/or gas lease products have similar quality and economic characteristics.
</P>
<P><I>Gross proceeds</I> means the total monies and other consideration accruing for the disposition of any of the following:
</P>
<P>(1) <I>Oil.</I> Gross proceeds also include, but are not limited to, the following examples:
</P>
<P>(i) Payments for services such as dehydration, marketing, measurement, or gathering which the lessee must perform at no cost to the Federal Government.
</P>
<P>(ii) The value of services, such as salt water disposal, that the producer normally performs but that the buyer performs on the producer's behalf.
</P>
<P>(iii) Reimbursements for harboring or terminalling fees, royalties, and any other reimbursements.
</P>
<P>(iv) Tax reimbursements, even though the Federal royalty interest may be exempt from taxation.
</P>
<P>(v) Payments made to reduce or buy down the purchase price of oil produced in later periods by allocating such payments over the production whose price that the payment reduces and including the allocated amounts as proceeds for the production as it occurs.
</P>
<P>(vi) Monies and all other consideration to which a seller is contractually or legally entitled but does not seek to collect through reasonable efforts.
</P>
<P>(2) <I>Gas, residue gas, and gas plant products.</I> Gross proceeds also include, but are not limited to, the following examples:
</P>
<P>(i) Payments for services such as dehydration, marketing, measurement, or gathering that the lessee must perform at no cost to the Federal Government.
</P>
<P>(ii) Reimbursements for royalties, fees, and any other reimbursements.
</P>
<P>(iii) Tax reimbursements, even though the Federal royalty interest may be exempt from taxation.
</P>
<P>(iv) Monies and all other consideration to which a seller is contractually or legally entitled, but does not seek to collect through reasonable efforts.
</P>
<P><I>Index</I> means:
</P>
<P>(1) For gas, the calculated composite price ($/MMBtu) of spot market sales that a publication that meets ONRR-established criteria for acceptability at the index pricing point publishes
</P>
<P>(2) For oil, the calculated composite price ($/barrel) of spot market sales that a publication that meets ONRR-established criteria for acceptability at the index pricing point publishes.
</P>
<P><I>Index pricing point</I> means any point on a pipeline for which there is an index, which ONRR-approved publications may refer to as a trading location.
</P>
<P><I>Index zone</I> means a field or an area with an active spot market and published indices applicable to that field or an area that is acceptable to ONRR under § 1206.141(d)(1).
</P>
<P><I>Indian Tribe</I> means any Indian Tribe, band, nation, pueblo, community, rancheria, colony, or other group of Indians for which any minerals or interest in minerals is held in trust by the United States or is subject to Federal restriction against alienation.
</P>
<P><I>Individual Indian mineral owner</I> means any Indian for whom minerals or an interest in minerals is held in trust by the United States or who holds title subject to Federal restriction against alienation.
</P>
<P><I>Keepwhole contract</I> means<E T="03"/> a processing agreement under which the processor delivers to the lessee a quantity of gas after processing equivalent to the quantity of gas that the processor received from the lessee prior to processing, normally based on heat content, less gas used as plant fuel and gas unaccounted for and/or lost. This includes, but is not limited to, agreements under which the processor retains all NGLs that it recovered from the lessee's gas.
</P>
<P><I>Lease</I> means any contract, profit-sharing arrangement, joint venture, or other agreement issued or approved by the United States under any mineral leasing law, including the Indian Mineral Development Act, 25 U.S.C. 2101-2108, that authorizes exploration for, extraction of, or removal of lease products. Depending on the context, lease may also refer to the land area that the authorization covers.
</P>
<P><I>Lease products</I> mean any leased minerals, attributable to, originating from, or allocated to a lease or produced in association with a lease.
</P>
<P><I>Lessee</I> means any person to whom the United States, an Indian Tribe, and/or individual Indian mineral owner issues a lease, and any person who has been assigned all or a part of record title, operating rights, or an obligation to make royalty or other payments required by the lease. Lessee includes any person who has an interest in a lease.
</P>
<P><I>Like quality</I> means similar chemical and physical characteristics.
</P>
<P><I>Location differential</I> means an amount paid or received (whether in money or in barrels of oil) under an exchange agreement that results from differences in location between oil delivered in exchange and oil received in the exchange. A location differential may represent all or part of the difference between the price received for oil delivered and the price paid for oil received under a buy/sell exchange agreement.
</P>
<P><I>Market center</I> means a major point that ONRR recognizes for oil sales, refining, or transshipment. Market centers generally are locations where ONRR-approved publications publish oil spot prices.
</P>
<P><I>Marketable condition</I> means lease products which are sufficiently free from impurities and otherwise in a condition that they will be accepted by a purchaser under a sales contract typical for the field or area for Federal oil and gas.
</P>
<P><I>Mine</I> means an underground or surface excavation or series of excavations and the surface or underground support facilities that contribute directly or indirectly to mining, production, preparation, and handling of lease products.
</P>
<P><I>Misconduct</I> means any failure to perform a duty owed to the United States under a statute, regulation, or lease, or unlawful or improper behavior, regardless of the mental state of the lessee or any individual employed by or associated with the lessee.
</P>
<P><I>Net output</I> means the quantity of gas residue gas and each gas plant product that a processing plant produces.
</P>
<P><I>Netting</I> means reducing the reported sales value to account for an allowance instead of reporting the allowance as a separate entry on the Report of Sales and Royalty Remittance (Form ONRR-2014) or the Solid Minerals Production and Royalty Report (Form ONRR-4430).
</P>
<P><I>NGLs</I> means Natural Gas Liquids.
</P>
<P><I>NYMEX price</I> means the average of the New York Mercantile Exchange (NYMEX) settlement prices for light sweet crude oil delivered at Cushing, Oklahoma, calculated as follows:
</P>
<P>(1) First, sum the prices published for each day during the calendar month of production (excluding weekends and holidays) for oil to be delivered in the prompt month corresponding to each such day.
</P>
<P>(2) Second, divide the sum by the number of days on which those prices are published (excluding weekends and holidays).
</P>
<P><I>Oil</I> means a mixture of hydrocarbons that existed in the liquid phase in natural underground reservoirs, remains liquid at atmospheric pressure after passing through surface separating facilities, and is marketed or used as a liquid. Condensate recovered in lease separators or field facilities is oil.
</P>
<P><I>ONRR</I> means the Office of Natural Resources Revenue of the Department of the Interior.
</P>
<P><I>ONRR-approved commercial price bulletin</I> means a publication that ONRR approves for determining NGLs prices.
</P>
<P><I>ONRR-approved publication</I> means:
</P>
<P>(1) For oil, a publication that ONRR approves for determining ANS spot prices or WTI differentials.
</P>
<P>(2) For gas, a publication that ONRR approves for determining index pricing points.
</P>
<P><I>Outer Continental Shelf (OCS)</I> means all submerged lands lying seaward and outside of the area of lands beneath navigable waters, as defined in Section 2 of the Submerged Lands Act (43 U.S.C. 1301), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
</P>
<P><I>Payor</I> means any person who reports and pays royalties under a lease, regardless of whether that person also is a lessee.
</P>
<P><I>Person</I> means any individual, firm, corporation, association, partnership, consortium, or joint venture (when established as a separate entity).
</P>
<P><I>Processing</I> means any process designed to remove elements or compounds (hydrocarbon and non-hydrocarbon) from gas, including absorption, adsorption, or refrigeration. Field processes which normally take place on or near the lease, such as natural pressure reduction, mechanical separation, heating, cooling, dehydration, and compression, are not considered processing. The changing of pressures and/or temperatures in a reservoir is not considered processing. The use of a Joule-Thomson (JT) unit to remove NGLs from gas is considered processing regardless of where the JT unit is located, provided that you market the NGLs as NGLs.
</P>
<P><I>Processing allowance</I> means a deduction in determining royalty value for the reasonable, actual costs the lessee incurs for processing gas.
</P>
<P><I>Prompt month</I> means the nearest month of delivery for which NYMEX futures prices are published during the trading month.
</P>
<P><I>Quality differential</I> means an amount paid or received under an exchange agreement (whether in money or in barrels of oil) that results from differences in API gravity, sulfur content, viscosity, metals content, and other quality factors between oil delivered and oil received in the exchange. A quality differential may represent all or part of the difference between the price received for oil delivered and the price paid for oil received under a buy/sell agreement.
</P>
<P><I>Residue gas</I> means that hydrocarbon gas consisting principally of methane resulting from processing gas.
</P>
<P><I>Rocky Mountain Region</I> means the States of Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming, except for those portions of the San Juan Basin and other oil-producing fields in the “Four Corners” area that lie within Colorado and Utah.
</P>
<P><I>Roll</I> means an adjustment to the NYMEX price that is calculated as follows: Roll = .6667 × (P<E T="52">0</E>−P<E T="52">1</E>) + .3333 × (P<E T="52">0</E>−P<E T="52">2</E>), where: P<E T="52">0</E> = the average of the daily NYMEX settlement prices for deliveries during the prompt month that is the same as the month of production, as published for each day during the trading month for which the month of production is the prompt month; P<E T="52">1</E> = the average of the daily NYMEX settlement prices for deliveries during the month following the month of production, published for each day during the trading month for which the month of production is the prompt month; and P<E T="52">2</E> = the average of the daily NYMEX settlement prices for deliveries during the second month following the month of production, as published for each day during the trading month for which the month of production is the prompt month. Calculate the average of the daily NYMEX settlement prices using only the days on which such prices are published (excluding weekends and holidays).
</P>
<P>(1) <I>Example 1. Prices in Out Months are Lower Going Forward:</I> The month of production for which you must determine royalty value is December. December was the prompt month (for year 2011) from October 21 through November 18. January was the first month following the month of production, and February was the second month following the month of production. P<E T="52">0,</E> therefore, is the average of the daily NYMEX settlement prices for deliveries during December published for each business day between October 21 and November 18. P<E T="52">1</E> is the average of the daily NYMEX settlement prices for deliveries during January published for each business day between October 21 and November 18. P<E T="52">2</E> is the average of the daily NYMEX settlement prices for deliveries during February published for each business day between October 21 and November 18. In this example, assume that P<E T="52">0</E> = $95.08 per bbl, P<E T="52">1</E> = $95.03 per bbl, and P<E T="52">2</E> = $94.93 per bbl. In this example (a declining market), Roll = .6667 × ($95.08−$95.03) + .3333 × ($95.08−$94.93) = $0.03 + $0.05 = $0.08. You add this number to the NYMEX price.
</P>
<P>(2) <I>Example 2. Prices in Out Months are Higher Going Forward:</I> The month of production for which you must determine royalty value is November. November was the prompt month (for year 2012) from September 21 through October 22. December was the first month following the month of production, and January was the second month following the month of production. P<E T="52">0,</E> therefore, is the average of the daily NYMEX settlement prices for deliveries during November published for each business day between September 21 and October 22. P<E T="52">1</E> is the average of the daily NYMEX settlement prices for deliveries during December published for each business day between September 21 and October 22. P<E T="52">2</E> is the average of the daily NYMEX settlement prices for deliveries during January published for each business day between September 21 and October 22. In this example, assume that P<E T="52">0</E> = $91.28 per bbl, P<E T="52">1</E> = $91.65 per bbl, and P<E T="52">2</E> = $92.10 per bbl. In this example (a rising market), Roll = .6667 × ($91.28−$91.65) + .3333 × ($91.28−$92.10) = (−$0.25) + (−$0.27) = (−$0.52). You add this negative number to the NYMEX price (effectively, a subtraction from the NYMEX price).
</P>
<P><I>Sale</I> means a contract between two persons where:
</P>
<P>(1) The seller unconditionally transfers title to the oil, gas, or gas plant product to the buyer and does not retain any related rights, such as the right to buy back similar quantities of oil, gas, or gas plant product from the buyer elsewhere;
</P>
<P>(2) The buyer pays money or other consideration for the oil, gas, or gas plant product; and
</P>
<P>(3) The parties' intent is for a sale of the oil, gas, or gas plant product to occur.
</P>
<P><I>Section 6 lease</I> means an OCS lease subject to section 6 of the Outer Continental Shelf Lands Act, as amended, 43 U.S.C. 1335.
</P>
<P><I>Spot price</I> means the price under a spot sales contract where:
</P>
<P>(1) A seller agrees to sell to a buyer a specified amount of oil at a specified price over a specified period of short duration.
</P>
<P>(2) No cancellation notice is required to terminate the sales agreement.
</P>
<P>(3) There is no obligation or implied intent to continue to sell in subsequent periods.
</P>
<P><I>Trading month</I> means the period extending from the second business day before the 25th day of the second calendar month preceding the delivery month (or, if the 25th day of that month is a non-business day, the second business day before the last business day preceding the 25th day of that month) through the third business day before the 25th day of the calendar month preceding the delivery month (or, if the 25th day of that month is a non-business day, the third business day before the last business day preceding the 25th day of that month), unless the NYMEX publishes a different definition or different dates on its official website, <I>www.cmegroup.com</I>, in which case, the NYMEX definition will apply.
</P>
<P><I>Transportation allowance</I> means a deduction in determining royalty value for the reasonable, actual costs that the lessee incurs for moving:
</P>
<P>(1) Oil to a point of sale or delivery off of the lease, unit area, or communitized area. The transportation allowance does not include gathering costs.
</P>
<P>(2) Unprocessed gas, residue gas, or gas plant products to a point of sale or delivery off of the lease, unit area, or communitized area, or away from a processing plant. The transportation allowance does not include gathering costs.
</P>
<P><I>WTI differential</I> means the average of the daily mean differentials for location and quality between a grade of crude oil at a market center and West Texas Intermediate (WTI) crude oil at Cushing published for each day for which price publications perform surveys for deliveries during the production month, calculated over the number of days on which those differentials are published (excluding weekends and holidays). Calculate the daily mean differentials by averaging the daily high and low differentials for the month in the selected publication. Use only the days and corresponding differentials for which such differentials are published.
</P>
<CITA TYPE="N">[85 FR 62019, Oct. 1, 2020, as amended at 88 FR 47005, July 21, 2023]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.6.2" TYPE="SUBPART">
<HEAD>Subpart B—Indian Oil</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>80 FR 24805, May 1, 2015, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1206.50" NODE="30:3.0.2.19.6.2.3.1" TYPE="SECTION">
<HEAD>§ 1206.50   What is the purpose of this subpart?</HEAD>
<P>(a) This subpart applies to all oil produced from Indian (Tribal and allotted) oil and gas leases (except leases on the Osage Indian Reservation, Osage County, Oklahoma). This subpart does not apply to Federal leases, including Federal leases for which revenues are shared with Alaska Native Corporations. This subpart:
</P>
<P>(1) Explains how you as a lessee must calculate the value of production for royalty purposes consistent with Indian mineral leasing laws, other applicable laws, and lease terms.
</P>
<P>(2) Ensures the United States discharges its trust responsibilities for administering Indian oil and gas leases under the governing Indian mineral leasing laws, treaties, and lease terms.
</P>
<P>(b) If you dispose of or report production on behalf of a lessee, the terms “you” and “your” in this subpart refer to you and not to the lessee. In this circumstance, you must determine and report royalty value for the lessee's oil by applying the rules in this subpart to your disposition of the lessee's oil.
</P>
<P>(c) If the regulations in this subpart are inconsistent with:
</P>
<P>(1) A Federal statute;
</P>
<P>(2) A settlement agreement between the United States, Indian lessor, and a lessee resulting from administrative or judicial litigation;
</P>
<P>(3) A written agreement between the Indian lessor, lessee, and the ONRR Director establishing a method to determine the value of production from any lease that ONRR expects at least would approximate the value established under this subpart; or
</P>
<P>(4) An express provision of an oil and gas lease subject to this subpart then the statute, settlement agreement, written agreement, or lease provision will govern to the extent of the inconsistency.
</P>
<P>(d) ONRR or Indian Tribes, which have a cooperative agreement with ONRR to audit under 30 U.S.C. 1732, may audit, or perform other compliance reviews, and require a lessee to adjust royalty payments and reports.


</P>
</DIV8>


<DIV8 N="§ 1206.51" NODE="30:3.0.2.19.6.2.3.2" TYPE="SECTION">
<HEAD>§ 1206.51   What definitions apply to this subpart?</HEAD>
<P>For purposes of this subpart:
</P>
<P><I>Affiliate</I> means a person who controls, is controlled by, or is under common control with another person.
</P>
<P>(1) Ownership or common ownership of more than 50 percent of the voting securities, or instruments of ownership, or other forms of ownership, of another person constitutes control. Ownership of less than 10 percent constitutes a presumption of non-control that ONRR may rebut.
</P>
<P>(2) If there is ownership or common ownership of 10 through 50 percent of the voting securities or instruments of ownership, or other forms of ownership, of another person, ONRR will consider the following factors in determining whether there is control in a particular case:
</P>
<P>(i) The extent to which there are common officers or directors;
</P>
<P>(ii) With respect to the voting securities, or instruments of ownership, or other forms of ownership:
</P>
<P>(A) The percentage of ownership or common ownership;
</P>
<P>(B) The relative percentage of ownership or common ownership compared to the percentage(s) of ownership by other persons;
</P>
<P>(C) Whether a person is the greatest single owner; and
</P>
<P>(D) Whether there is an opposing voting bloc of greater ownership;
</P>
<P>(iii) Operation of a lease, plant, or other facility;
</P>
<P>(iv) The extent of participation by other owners in operations and day-to-day management of a lease, plant, or other facility; and
</P>
<P>(v) Other evidence of power to exercise control over or common control with another person.
</P>
<P>(3) Regardless of any percentage of ownership or common ownership, relatives, either by blood or marriage, are affiliates.
</P>
<P><I>Area</I> means a geographic region at least as large as the defined limits of an oil and/or gas field in which oil and/or gas lease products have similar quality, economic, and legal characteristics.
</P>
<P><I>Arm's-length contract</I> means a contract or agreement between independent persons who are not affiliates and who have opposing economic interests regarding that contract. To be considered arm's-length for any production month, a contract must satisfy this definition for that month, as well as when the contract was executed.
</P>
<P><I>Audit</I> means a review, conducted under the generally accepted <I>Governmental Auditing Standards,</I> of royalty reporting and payment activities of lessees, designees, or other persons who pay royalties, rents, or bonuses on Indian leases.
</P>
<P><I>BLM</I> means the Bureau of Land Management of the Department of the Interior.
</P>
<P><I>Condensate</I> means liquid hydrocarbons (generally exceeding 40 degrees of API gravity) recovered at the surface without resorting to processing. Condensate is the mixture of liquid hydrocarbons that results from condensation of petroleum hydrocarbons existing initially in a gaseous phase in an underground reservoir.
</P>
<P><I>Contract</I> means any oral or written agreement, including amendments or revisions thereto, between two or more persons and enforceable by law that with due consideration creates an obligation.
</P>
<P><I>Designated area</I> means an area that ONRR designates for purposes of calculating Location and Crude Type Differentials applied to an IBMP value. ONRR will post designated areas on our Web site at <I>www.onrr.gov.</I> ONRR will monitor the market activity in the designated areas and, if necessary, hold a technical conference to review, modify, or add a particular designated area. ONRR will post any change to the designated areas on our Web site at <I>www.onrr.gov.</I> Criteria to determine any future changes to designated areas include, but are not limited to: Markets served, examples include refineries and/or market centers, such as Cushing, OK; access to markets, examples include access to similar infrastructure, such as pipelines, rail lines, and trucking; and/or similar geography, examples include no challenging geographical divides, large rivers, and/or mountains.
</P>
<P><I>Exchange agreement</I> means an agreement where one person agrees to deliver oil to another person at a specified location in exchange for oil deliveries at another location, as well as other consideration(s). Exchange agreements:
</P>
<P>(1) May or may not specify prices for the oil involved;
</P>
<P>(2) Frequently specify dollar amounts reflecting location, quality, or other differentials;
</P>
<P>(3) Include buy/sell agreements, which specify prices to be paid at each exchange point and may appear to be two separate sales within the same agreement or in separate agreements; and
</P>
<P>(4) May include, but are not limited to, exchanges of produced oil for specific types of oil (<I>e.g.</I> WTI); exchanges of produced oil for other oil at other locations (location trades); exchanges of produced oil for other grades of oil (grade trades); and multi-party exchanges.
</P>
<P><I>Field</I> means a geographic region situated over one or more subsurface oil and gas reservoirs encompassing at least the outermost boundaries of all oil and gas accumulations known to be within those reservoirs vertically projected to the land surface. Onshore fields usually are given names, and their official boundaries are often designated by oil and gas regulatory agencies in the respective States in which the fields are located.
</P>
<P><I>Gathering</I> means the movement of lease production to a central accumulation or treatment point on the lease, unit, or communitized area or to a central accumulation or treatment point off of the lease, unit, or communitized area, as BLM operations personnel approve.
</P>
<P><I>Gross proceeds</I> means the total monies and other consideration accruing for the disposition of oil produced. Gross proceeds also include, but are not limited to, the following examples:
</P>
<P>(1) Payments for services, such as dehydration, marketing, measurement, or gathering that the lessee must perform—at no cost to the lessor—in order to put the production into marketable condition;
</P>
<P>(2) The value of services to put the production into marketable condition, such as salt water disposal, that the lessee normally performs but that the buyer performs on the lessee's behalf
</P>
<P>(3) Reimbursements for harboring or terminalling fees;
</P>
<P>(4) Tax reimbursements, even though the Indian royalty interest may be exempt from taxation;
</P>
<P>(5) Payments made to reduce or buy down the purchase price of oil to be produced in later periods by allocating those payments over the production whose price the payment reduces and including the allocated amounts as proceeds for the production as it occurs; and
</P>
<P>(6) Monies and all other consideration to which a seller is contractually or legally entitled but does not seek to collect through reasonable efforts.
</P>
<P><I>IBMP</I> means the Index-Based Major Portion value calculated under § 1206.54.
</P>
<P><I>Indian Tribe</I> means any Indian Tribe, band, nation, pueblo, community, rancheria, colony, or other group of Indians for which any minerals or interest in minerals is held in trust by the United States or that is subject to Federal restriction against alienation.
</P>
<P><I>Individual Indian mineral owner</I> means any Indian for whom minerals or an interest in minerals is held in trust by the United States or who holds title subject to Federal restriction against alienation.
</P>
<P><I>Lease</I> means any contract, profit-share arrangement, joint venture, or other agreement issued or approved by the United States under an Indian mineral leasing law that authorizes exploration for, development or extraction of, or removal of lease products. Depending on the context, lease may also refer to the land area that the authorization covers.
</P>
<P><I>Lease products</I> means any leased minerals attributable to, originating from, or allocated to Indian leases.
</P>
<P><I>Lessee</I> means any person to whom the United States, a Tribe, or individual Indian mineral owner issues a lease and any person who has been assigned an obligation to make royalty or other payments required by the lease. Lessee includes:
</P>
<P>(1) Any person who has an interest in a lease (including operating rights owners).
</P>
<P>(2) An operator, purchaser, or other person with no lease interest who reports and/or makes royalty payments to ONRR or the lessor on the lessee's behalf.
</P>
<P><I>Lessor</I> means an Indian Tribe or individual Indian mineral owner who has entered into a lease.
</P>
<P><I>Like-quality oil</I> means oil that has similar chemical and physical characteristics.
</P>
<P><I>Location and Crude Type Differential</I> (<I>LCTD)</I> means the difference in value between the NYMEX Calendar Monthly Average (CMA) and the value that approximates the monthly Major Portion Price for any given month, designated area, and crude oil type.
</P>
<P><I>Location differential</I> means an amount paid or received (whether in money or in barrels of oil) under an exchange agreement that results from differences in location between oil delivered in exchange and oil received in the exchange. A location differential may represent all or part of the difference between the price received for oil delivered and the price paid for oil received under a buy/sell exchange agreement.
</P>
<P><I>Major Portion Price</I> means the highest price paid or offered at the time of production for the major portion of oil produced from the same designated area for the same crude oil type.
</P>
<P><I>Marketable condition</I> means lease products that are sufficiently free from impurities and otherwise in a condition that they will be accepted by a purchaser under a sales contract typical for the field or area.
</P>
<P><I>Net</I> means to reduce the reported sales value to account for transportation instead of reporting a transportation allowance as a separate entry on Form ONRR-2014.
</P>
<P><I>NYMEX Calendar Month Average Price</I> means the average of the New York Mercantile Exchange (NYMEX) daily settlement prices for light sweet oil delivered at Cushing, Oklahoma, calculated as follows:
</P>
<P>(1) Sum the prices published for each day during the calendar month of production (excluding weekends and holidays) for oil to be delivered in the nearest month of delivery for which NYMEX futures prices are published corresponding to each such day.
</P>
<P>(2) Divide the sum by the number of days on which those prices are published (excluding weekends and holidays).
</P>
<P><I>Oil</I> means a mixture of hydrocarbons that existed in the liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities and is marketed or used as such. Condensate recovered in lease separators or field facilities is considered to be oil.
</P>
<P><I>ONRR</I> means the Office of Natural Resources Revenue of the Department of the Interior.
</P>
<P><I>Operating rights owner,</I> also known as a working interest owner, means any person who owns operating rights in a lease subject to this subpart. A record title owner is the owner of operating rights under a lease until the operating rights have been transferred from record title (see Bureau of Land Management regulations at 43 CFR 3100.0-5(d)).
</P>
<P><I>Person</I> means any individual, firm, corporation, association, partnership, consortium, or joint venture (when established as a separate entity).
</P>
<P><I>Processing</I> means any process designed to remove elements or compounds (hydrocarbon and non-hydrocarbon) from gas, including absorption, adsorption, or refrigeration. Field processes that normally take place on or near the lease, such as natural pressure reduction, mechanical separation, heating, cooling, dehydration, and compression, are not considered processing. The changing of pressures and/or temperatures in a reservoir is not considered processing.
</P>
<P><I>Prompt month</I> means the nearest month of delivery for which NYMEX futures prices are published during the trading month.
</P>
<P><I>Quality differential</I> means an amount paid or received under an exchange agreement (whether in money or in barrels of oil) that results from differences in API gravity, sulfur content, viscosity, metals content, and other quality factors between oil delivered and oil received in the exchange. A quality differential may represent all or part of the difference between the price received for oil delivered and the price paid for oil received under a buy/sell agreement.
</P>
<P><I>Roll</I> means an adjustment to the NYMEX price that is calculated as follows: Roll = .6667 × (P<E T="52">0</E>−P<E T="52">1</E>) + .3333 × (P<E T="52">0</E>−P<E T="52">2</E>), where: P<E T="52">0</E> = the average of the daily NYMEX settlement prices for deliveries during the prompt month that is the same as the month of production, as published for each day during the trading month for which the month of production is the prompt month; P<E T="52">1</E> = the average of the daily NYMEX settlement prices for deliveries during the month following the month of production, published for each day during the trading month for which the month of production is the prompt month; and P<E T="52">2</E> = the average of the daily NYMEX settlement prices for deliveries during the second month following the month of production, as published for each day during the trading month for which the month of production is the prompt month. Calculate the average of the daily NYMEX settlement prices using only the days on which such prices are published (excluding weekends and holidays). ONRR reserves the option of terminating the use of the roll when ONRR believes that the roll is no longer a common industry practice. ONRR also retains the option to redefine how to calculate the roll to comport with changes in industry practice. To terminate or otherwise redefine how to calculate the roll, ONRR will explain its rationale for terminating or redefining how to calculate the roll by publishing a notice in the <E T="04">Federal Register,</E> to provide an opportunity for comment.
</P>
<P>(1) <I>Example 1: Prices in out months are lower going forward.</I> The month of production for which you must determine royalty value is December 2012. December was the prompt month from October 23 through November 20. January was the first month following the month of production, and February was the second month following the month of production. P<E T="52">0,</E> therefore, is the average of the daily NYMEX settlement prices for deliveries during December published for each business day between October 23 and November 20. P<E T="52">1</E> is the average of the daily NYMEX settlement prices for deliveries during January published for each business day between October 23 and November 20. P<E T="52">2</E> is the average of the daily NYMEX settlement prices for deliveries during February published for each business day between October 23 and November 20. In this example, assume that P<E T="52">0</E> = $95.08 per bbl; P<E T="52">1</E> = $95.03 per bbl; and P<E T="52">2</E> = $94.93 per bbl. In this example (a declining market), Roll = .6667 × ($95.08−$95.03) + .3333 × ($95.08−$94.93) = $0.03 + $0.05 = $0.08. You add this number to the NYMEX price.
</P>
<P>(2) <I>Example 2: Prices in out months are higher going forward.</I> The month of production for which you must determine royalty value is November 2012. November was the prompt month from September 21 through October 22. December was the first month following the month of production, and January was the second month following the month of production. P<E T="52">0,</E> therefore, is the average of the daily NYMEX settlement prices for deliveries during November published for each business day between September 21 and October 22. P<E T="52">1</E> is the average of the daily NYMEX settlement prices for deliveries during December published for each business day between September 21 and October 22. P<E T="52">2</E> is the average of the daily NYMEX settlement prices for deliveries during January published for each business day between September 21 and October 22. In this example, assume that P<E T="52">0</E> = $91.28 per bbl; P<E T="52">1</E> = $91.65 per bbl; and P<E T="52">2</E> = $92.10 per bbl. In this example (a rising market), Roll = .6667 × ($91.28−$91.65) + .3333 × ($91.28−$92.10) = (−$0.25) + (−$0.27) = (−$0.52). You add this negative number to the NYMEX price (effectively a subtraction from the NYMEX price).
</P>
<P><I>Sale</I> means a contract between two persons where:
</P>
<P>(1) The seller unconditionally transfers title to the oil to the buyer and does not retain any related rights, such as the right to buy back similar quantities of oil from the buyer elsewhere.
</P>
<P>(2) The buyer pays money or other consideration for the oil.
</P>
<P>(3) The parties' intent is for a sale of the oil to occur.
</P>
<P><I>Sales type code</I> means the contract type or general disposition (<I>e.g.</I> arm's-length or non-arm's-length) of production from the lease. The sales type code applies to the sales contract, or other disposition, and not to the arm's-length or non-arm's-length nature of a transportation allowance.
</P>
<P><I>Trading month</I> means the period extending from the second business day before the 25th day of the second calendar month preceding the delivery month (or, if the 25th day of that month is a non-business day, the second business day before the last business day preceding the 25th day of that month) through the third business day before the 25th day of the calendar month preceding the delivery month (or, if the 25th day of that month is a non-business day, the third business day before the last business day preceding the 25th day of that month), unless the NYMEX publishes a different definition or different dates on its official Web site, <I>www.nymex.com,</I> in which case, the NYMEX definition will apply.
</P>
<P><I>Transportation allowance</I> means a deduction in determining royalty value for the reasonable, actual costs of moving oil to a point of sale or delivery off of the lease, unit area, or communitized area. The transportation allowance does not include gathering costs.
</P>
<P><I>WTI</I> means West Texas Intermediate.
</P>
<P><I>You</I> means a lessee, operator, or other person who pays royalties under this subpart.


</P>
</DIV8>


<DIV8 N="§ 1206.52" NODE="30:3.0.2.19.6.2.3.3" TYPE="SECTION">
<HEAD>§ 1206.52   How do I calculate royalty value for oil that I or my affiliate sell(s) or exchange(s) under an arm's-length contract?</HEAD>
<P>(a) The value of production for royalty purposes for your lease is the higher of either the value determined under this section or the IBMP value calculated under § 1206.54. The value of oil under this section for royalty purposes is the gross proceeds accruing to you or your affiliate under the arm's-length contract, less applicable allowances determined under § 1206.56 or § 1206.57. You must use this paragraph (a) to value oil when:
</P>
<P>(1) You sell under an arm's-length sales contract.
</P>
<P>(2) You sell or transfer to your affiliate or another person under a non-arm's-length contract and that affiliate or person, or another affiliate of either of them, then sells the oil under an arm's-length contract.
</P>
<P>(b) If you have multiple arm's-length contracts to sell oil produced from a lease that is valued under paragraph (a) of this section, the value of the oil is the higher of the volume-weighted average of the values established under this section for all contracts for the sale of oil produced from that lease or the IBMP value calculated under § 1206.54.
</P>
<P>(c) If ONRR determines that the gross proceeds accruing to you or your affiliate does not reflect the reasonable value of the production due to either:
</P>
<P>(1) Misconduct by or between the parties to the arm's-length contract; or
</P>
<P>(2) Breach of your duty to market the oil for the mutual benefit of yourself and the lessor, ONRR will establish a value based on other relevant matters.
</P>
<P>(i) ONRR will not use this provision to simply substitute its judgment of the market value of the oil for the proceeds received by the seller under an arm's-length sales contract.
</P>
<P>(ii) The fact that the price received by the seller under an arm's-length contract is less than other measures of market price is insufficient to establish breach of the duty to market unless ONRR finds additional evidence that the seller acted unreasonably or in bad faith in the sale of oil produced from the lease.
</P>
<P>(d) You have the burden of demonstrating that your or your affiliate's contract is arm's-length.
</P>
<P>(e) ONRR may require you to certify that the provisions in your or your affiliate's contract include all of the consideration that the buyer paid to you or your affiliate, either directly or indirectly, for the oil.
</P>
<P>(f) You must base value on the highest price that you or your affiliate can receive through legally enforceable claims under the oil sales contract.
</P>
<P>(1) Absent contract revision or amendment, if you or your affiliate fail(s) to take proper or timely action to receive prices or benefits to which you or your affiliate are entitled, you must pay royalty based upon that obtainable price or benefit.
</P>
<P>(2) If you or your affiliate make timely application for a price increase or benefit allowed under your or your affiliate's contract—but the purchaser refuses—and you or your affiliate take reasonable documented measures to force purchaser compliance, you will not owe additional royalties unless or until you or your affiliate receive additional monies or consideration resulting from the price increase. You may not construe this paragraph (f)(2) to permit you to avoid your royalty payment obligation in situations where a purchaser fails to pay, in whole or in part, or in a timely manner, for a quantity of oil.
</P>
<P>(g)(1) You or your affiliate must make all contracts, contract revisions, or amendments in writing, and all parties to the contract must sign the contract, contract revisions, or amendments.
</P>
<P>(2) This provision applies notwithstanding any other provisions in this title 30 of the <I>Code of Federal Regulations</I> to the contrary.
</P>
<P>(h) If you or your affiliate enter(s) into an arm's-length exchange agreement, or multiple sequential arm's-length exchange agreements, then you must value your oil under this paragraph (h).
</P>
<P>(1) If you or your affiliate exchange(s) oil at arm's length for WTI or equivalent oil at Cushing, Oklahoma, you must value the oil using the NYMEX price, adjusted for applicable location and quality differentials under paragraph (h)(3) of this section and any transportation costs under paragraph (h)(4) of this section and §§ 1206.56 and 1206.57 or § 1206.58.
</P>
<P>(2) If you do not exchange oil for WTI or equivalent oil at Cushing, but exchange it at arm's length for oil at another location and following the arm's-length exchange(s) you or your affiliate sell(s) the oil received in the exchange(s) under an arm's-length contract, then you must use the gross proceeds under your or your affiliate's arm's-length sales contract after the exchange(s) occur(s), adjusted for applicable location and quality differentials under paragraph (h)(3) of this section and any transportation costs under paragraph (h)(4) of this section and §§ 1206.56 and 1206.57 or § 1206.58.
</P>
<P>(3) You must adjust your gross proceeds for any location or quality differential, or other adjustments, that you received or paid under the arm's-length exchange agreement(s). If ONRR determines that any exchange agreement does not reflect reasonable location or quality differentials, ONRR may adjust the differentials that you used based on relevant information. You may not otherwise use the price or differential specified in an arm's-length exchange agreement to value your production.
</P>
<P>(4) If you value oil under this paragraph (h), ONRR will allow a deduction, under §§ 1206.56 and 1206.57 or § 1206.58, for the reasonable, actual costs to transport the oil:
</P>
<P>(i) From the lease to a point where oil is given in exchange.
</P>
<P>(ii) If oil is not exchanged to Cushing, Oklahoma, from the point where oil is received in exchange to the point where the oil received in exchange is sold.
</P>
<P>(5) If you or your affiliate exchange(s) your oil at arm's length, and neither paragraph (h)(1) nor (2) of this section applies, ONRR will establish a value for the oil based on relevant matters. After ONRR establishes the value, you must report and pay royalties and any late payment interest owed based on that value.


</P>
</DIV8>


<DIV8 N="§ 1206.53" NODE="30:3.0.2.19.6.2.3.4" TYPE="SECTION">
<HEAD>§ 1206.53   How do I calculate royalty value for oil that I or my affiliate do(es) not sell under an arm's-length contract?</HEAD>
<P>(a) The value of production for royalty purposes for your lease is the higher of either the value determined under this section or the IBMP value calculated under § 1206.54. The unit value of your oil not sold under an arm's-length contract under this section for royalty purposes is the volume-weighted average of the gross proceeds paid or received by you or your affiliate, including your refining affiliate, for purchases or sales under arm's-length contracts.
</P>
<P>(1) When calculating that unit value, use only purchases or sales of other like-quality oil produced from the field (or the same area if you do not have sufficient arm's-length purchases or sales of oil produced from the field) during the production month.
</P>
<P>(2) You may adjust the gross proceeds determined under paragraph (a) of this section for transportation costs under paragraph (c) of this section and §§ 1206.56 and 1206.57 or § 1206.58 before including those proceeds in the volume-weighted average calculation.
</P>
<P>(3) If you have purchases away from the field(s) and cannot calculate a price in the field because you cannot determine the seller's cost of transportation that would be allowed under paragraph (c) of this section and §§ 1206.56 and 1206.57 or § 1206.58, you must not include those purchases in your volume-weighted average calculation.
</P>
<P>(b) Before calculating the volume-weighted average, you must normalize the quality of the oil in your or your affiliate's arm's-length purchases or sales to the same gravity as that of the oil produced from the lease. Use applicable gravity adjustment tables for the field (or the same general area for like-quality oil if you do not have gravity adjustment tables for the specific field) to normalize for gravity, as shown in the example below.
</P>
<P>(1) <I>Example 1.</I> Assume that a lessee, who owns a refinery and refines the oil produced from the lease at that refinery, purchases like-quality oil from other producers in the same field at arm's length for use as feedstock in its refinery. Further assume that the oil produced from the lease that is being valued under this section is Wyoming general sour with an API gravity of 23.5°. Assume that the refinery purchases at arm's-length oil (all of which must be Wyoming general sour) in the following volumes of the API gravities stated at the prices and locations indicated:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">10,000 bbl</TD><TD align="right" class="gpotbl_cell">24.5°</TD><TD align="left" class="gpotbl_cell">$34.70/bbl</TD><TD align="left" class="gpotbl_cell">Purchased in the field.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">8,000 bbl</TD><TD align="right" class="gpotbl_cell">24.0°</TD><TD align="left" class="gpotbl_cell">$34.00/bbl</TD><TD align="left" class="gpotbl_cell">Purchased at the refinery after the third-party producer transported it to the refinery, and the lessee does not know the transportation costs.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">9,000 bbl</TD><TD align="right" class="gpotbl_cell">23.0°</TD><TD align="left" class="gpotbl_cell">$33.25/bbl</TD><TD align="left" class="gpotbl_cell">Purchased in the field.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4,000 bbl</TD><TD align="right" class="gpotbl_cell">22.0°</TD><TD align="left" class="gpotbl_cell">$33.00/bbl</TD><TD align="left" class="gpotbl_cell">Purchased in the field.</TD></TR></TABLE></DIV></DIV>
<P>(2) <I>Example 2.</I> Because the lessee does not know the costs that the seller of the 8,000 bbl incurred to transport that volume to the refinery, that volume will not be included in the volume-weighted average price calculation. Further assume that the gravity adjustment scale provides for a deduction of $0.02 per 
<FR>1/10</FR> degree API gravity below 34°. Normalized to 23.5° (the gravity of the oil being valued under this section), the prices of each of the volumes that the refiner purchased that are included in the volume-weighted average calculation are as follows:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TD align="left" class="gpotbl_cell" scope="row">10,000 bbl</TD><TD align="right" class="gpotbl_cell">24.5°</TD><TD align="left" class="gpotbl_cell">$34.50/bbl</TD><TD align="left" class="gpotbl_cell">(1.0° difference over 23.5° = $0.20 deducted).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">9,000 bbl</TD><TD align="right" class="gpotbl_cell">23.0°</TD><TD align="left" class="gpotbl_cell">$33.35/bbl</TD><TD align="left" class="gpotbl_cell">(0.5° difference under 23.5° = $0.10 added).
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4,000 bbl</TD><TD align="right" class="gpotbl_cell">22.0°</TD><TD align="left" class="gpotbl_cell">$33.30/bbl</TD><TD align="left" class="gpotbl_cell">(1.5° difference under 23.5° = $0.30 added).</TD></TR></TABLE></DIV></DIV>
<P>(3) <I>Example 3.</I> The volume-weighted average price is ((10,000 bbl × $34.50/bbl) + (9,000 bbl × $33.35/bbl) + (4,000 bbl × $33.30/bbl)) / 23,000 bbl = $33.84/bbl. That price will be the value of the oil produced from the lease and refined prior to an arm's-length sale under this section.
</P>
<P>(c) If you value oil under this section, ONRR will allow a deduction, under §§ 1206.56 and 1206.57 or § 1206.58, for the reasonable, actual costs:
</P>
<P>(1) That you incur to transport oil that you or your affiliate sell(s), which is included in the volume-weighted average price calculation, from the lease to the point where the oil is sold.
</P>
<P>(2) That the seller incurs to transport oil that you or your affiliate purchase(s), which is included in the volume-weighted average cost calculation, from the property where it is produced to the point where you or your affiliate purchase(s) it. You may not deduct any costs of gathering as part of a transportation deduction or allowance.
</P>
<P>(d) If paragraphs (a) and (b) of this section result in an unreasonable value for your production as a result of circumstances regarding that production, ONRR's Director may establish an alternative valuation method.


</P>
</DIV8>


<DIV8 N="§ 1206.54" NODE="30:3.0.2.19.6.2.3.5" TYPE="SECTION">
<HEAD>§ 1206.54   How do I fulfill the lease provision regarding valuing production on the basis of the major portion of like-quality oil?</HEAD>
<P>(a) This section applies to any Indian leases that contain a major portion provision for determining value for royalty purposes. This section also applies to any Indian leases that provide that the Secretary may establish value for royalty purposes. The value of production for royalty purposes for your lease is the higher of either the value determined under this section or the gross proceeds you calculated under § 1206.52 or § 1206.53.
</P>
<P>(b) You must submit a monthly Form ONRR-2014 using the higher of the IBMP value determined under this section or your gross proceeds under § 1206.52 or § 1206.53. Your Form ONRR-2014 must meet the requirements of 30 CFR 1210.61.
</P>
<P>(c) ONRR will determine the monthly IBMP value for each designated area and crude oil type and post those values on our Web site at <I>www.onrr.gov.</I> The monthly IBMP value by designated area and crude oil type is calculated as follows:
</P>
<P>(1) For Indian leases located in Oklahoma:
</P>
<img src="/graphics/er01my15.012.gif"/>
<P>(2) For all other Indian leases:
</P>
<img src="/graphics/er01my15.013.gif"/>
<P>(d) ONRR will calculate the initial LCTD for each designated area (the same designated areas posted on its Web site at <I>www.onrr.gov</I>) and crude oil type using the following formula:
</P>
<img src="/graphics/er01my15.007.gif"/>
<P>(1) For the first full production month after July 1, 2015, ONRR will calculate the monthly Major Portion Prices using data reported on the Form ONRR-2014 for the previous 12 production months prior to July 1, 2015 (Previous Twelve Months). To the extent that ONRR does not have data on the Form ONRR-2014 regarding the crude oil type for the entire previous twelve months, ONRR will assume the crude oil type is the same for those months for which ONRR does not have data as the months for which the crude oil type was reported on the Form ONRR-2014 for the same leases and/or agreements.
</P>
<P>(i) ONRR will array the calculated prices net of transportation by month from highest to lowest price for each designated area and crude oil type. For each month, ONRR will calculate the Major Portion Price as that price at which 25 percent plus 1 barrel (by volume) of the oil (starting from the highest) is sold.
</P>
<P>(ii) To calculate the average of the monthly Major Portion Prices for the previous 12 months, ONRR will add the monthly Major Portion Prices calculated in paragraph (d)(1)(i) of this section and divide by 12.
</P>
<P>(2) For every month following the first full production month after July 1, 2015, ONRR will monitor the LCTD using data reported on the Form ONRR-2014 for the month ending two months before the current production month.
</P>
<P>(i) ONRR will use the oil sales volume that lessees report on Form ONRR-2014 to monitor and, if necessary, to modify the LCTD used in the IBMP value.
</P>
<P>(ii) ONRR will monitor oil sales volumes not reported under the sales type code OINX, as provided in 30 CFR 1210.61(a) and (b), on the Form ONRR-2014 on a monthly basis by designated area and crude oil type.
</P>
<P>(iii) If the monthly oil sales volumes not reported under the sales type code OINX varies more than ± 3 percent from 25 percent of the total reported oil sales volume for the month, then ONRR will revise the LCTD prospectively starting with the following month.
</P>
<P>(A) If monthly oil sales volumes not reported under the sales type code OINX on Form ONRR-2014 by the designated area and crude oil type fall below 22 percent, ONRR will increase the LCTD by 10 percent every month until the monthly oil sales volumes reported under the sales type code for gross proceeds on Form ONRR-2014 fall within the ± 3 percent range. In Example 1, assume that the IBMP value is $81.06 and the LCTD for the designated area is 14.28 percent. In the table below, the Percent of Volume not reported as OINX is less than 22 percent, which triggers a modification to the LCTD. ONRR will adjust the LCTD upward by 10 percent (14.28 percent × 1.10). Therefore, for the next month, the LCTD will be 15.71 percent. In the following month, the IBMP value will equal the next month's NYMEX CMA multiplied by (1 − 0.1571). ONRR will continue to make adjustments in subsequent months until monthly sales volumes not reported as OINX fall within 22-28 percent of the total monthly sales volume.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Example 1—Differential Adjustment When ARMS Sales Volume for the Current Month Falls Below 22% of Total Monthly Sales Volume
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Lease
</TH><TH class="gpotbl_colhed" scope="col">Sales volume
</TH><TH class="gpotbl_colhed" scope="col">Unit price
</TH><TH class="gpotbl_colhed" scope="col">Sales type code
</TH><TH class="gpotbl_colhed" scope="col">Cumulative volume
</TH><TH class="gpotbl_colhed" scope="col">Percent of
<br/>volume
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">220</TD><TD align="right" class="gpotbl_cell">81.95</TD><TD align="left" class="gpotbl_cell">ARMS</TD><TD align="right" class="gpotbl_cell">220</TD><TD align="right" class="gpotbl_cell">9.02
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">275</TD><TD align="right" class="gpotbl_cell">81.71</TD><TD align="left" class="gpotbl_cell">ARMS</TD><TD align="right" class="gpotbl_cell">495</TD><TD align="right" class="gpotbl_cell">20.29
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">400</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">895</TD><TD align="right" class="gpotbl_cell">36.68
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">425</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">1,320</TD><TD align="right" class="gpotbl_cell">54.10
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5</TD><TD align="right" class="gpotbl_cell">370</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">1,690</TD><TD align="right" class="gpotbl_cell">69.26
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">400</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">2,090</TD><TD align="right" class="gpotbl_cell">85.66
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7</TD><TD align="right" class="gpotbl_cell">350</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">2,440</TD><TD align="right" class="gpotbl_cell">100.00
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell">2,440</TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
<P>(B) If monthly oil sales volumes not reported under the sales type code OINX on Form ONRR-2014 by designated area and crude oil type exceed 28 percent, then ONRR will decrease the LCTD by 10 percent every month until the monthly oil sales volumes reported under the sales type code for gross proceeds on Form ONRR-2014 fall within the ± 3 percent range. In Example 2, assume that the IBMP value is $81.06 and the LCTD is 14.28 percent. As noted in the table below, however, the Percent of Volume not reported as OINX is 32.69 percent, exceeding the 28 percent threshold, which triggers a modification to the LCTD. ONRR will adjust the LCTD downward by 10 percent (14.28 percent × 0.90). Therefore, for the next month, the LCTD will be 12.85 percent. In the following month, the IBMP will equal the next month's NYMEX CMA multiplied by (1−0.1285). ONRR will continue to make adjustments in subsequent months until monthly sales volumes reported as ARMS fall within 22-28 percent of the total monthly sales volume.
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Example 2—Differential Adjustment When ARMS Sales Volume Not Reported as OINX for the Current Month Exceeds 28% of Total Monthly Sales Volume
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Lease
</TH><TH class="gpotbl_colhed" scope="col">Sales volume
</TH><TH class="gpotbl_colhed" scope="col">Unit price
</TH><TH class="gpotbl_colhed" scope="col">Sales type code
</TH><TH class="gpotbl_colhed" scope="col">Cumulative volume
</TH><TH class="gpotbl_colhed" scope="col">Percent of
<br/>volume
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1</TD><TD align="right" class="gpotbl_cell">230</TD><TD align="right" class="gpotbl_cell">81.95</TD><TD align="left" class="gpotbl_cell">ARMS</TD><TD align="right" class="gpotbl_cell">230</TD><TD align="right" class="gpotbl_cell">11.06
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">2</TD><TD align="right" class="gpotbl_cell">275</TD><TD align="right" class="gpotbl_cell">81.71</TD><TD align="left" class="gpotbl_cell">ARMS</TD><TD align="right" class="gpotbl_cell">505</TD><TD align="right" class="gpotbl_cell">24.28
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">3</TD><TD align="right" class="gpotbl_cell">175</TD><TD align="right" class="gpotbl_cell">81.45</TD><TD align="left" class="gpotbl_cell">ARMS</TD><TD align="right" class="gpotbl_cell">680</TD><TD align="right" class="gpotbl_cell">32.69
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">4</TD><TD align="right" class="gpotbl_cell">250</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">930</TD><TD align="right" class="gpotbl_cell">44.71
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">5</TD><TD align="right" class="gpotbl_cell">425</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">1,355</TD><TD align="right" class="gpotbl_cell">65.14
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">6</TD><TD align="right" class="gpotbl_cell">325</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">1,680</TD><TD align="right" class="gpotbl_cell">80.77
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">7</TD><TD align="right" class="gpotbl_cell">400</TD><TD align="right" class="gpotbl_cell">81.06</TD><TD align="left" class="gpotbl_cell">OINX</TD><TD align="right" class="gpotbl_cell">2,080</TD><TD align="right" class="gpotbl_cell">100.00
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="right" class="gpotbl_cell">2,080</TD><TD align="right" class="gpotbl_cell"></TD><TD align="left" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD><TD align="right" class="gpotbl_cell"></TD></TR></TABLE></DIV></DIV>
<P>(e) In designated areas where there is insufficient data reported to ONRR on Form ONRR-2014 to determine a differential for a specific crude oil type, ONRR will use its discretion to determine an appropriate IBMP value.


</P>
</DIV8>


<DIV8 N="§ 1206.55" NODE="30:3.0.2.19.6.2.3.6" TYPE="SECTION">
<HEAD>§ 1206.55   What are my responsibilities to place production into marketable condition and to market production?</HEAD>
<P>(a) You must place oil in marketable condition and market the oil for the mutual benefit of the lessee and the lessor at no cost to the Indian lessor unless the lease agreement provides otherwise.
</P>
<P>(b) If you must use gross proceeds under an arm's-length contract or your affiliate's gross proceeds under an arm's-length exchange agreement to determine value under § 1206.52 or § 1206.53, you must increase those gross proceeds to the extent that the purchaser, or any other person, provides certain services that the seller normally would be responsible to perform in order to place the oil in marketable condition or to market the oil.


</P>
</DIV8>


<DIV8 N="§ 1206.56" NODE="30:3.0.2.19.6.2.3.7" TYPE="SECTION">
<HEAD>§ 1206.56   What general transportation allowance requirements apply to me?</HEAD>
<P>(a) ONRR will allow a deduction for the reasonable, actual costs to transport oil from the lease to the point off of the lease under § 1206.52 or § 1206.53, as applicable. You may not deduct transportation costs to reduce royalties where you did not incur any costs to move a particular volume of oil. ONRR will not grant a transportation allowance for transporting oil taken as Royalty-In-Kind (RIK).
</P>
<P>(b)(1) Except as provided in paragraph (b)(2) of this section, your transportation allowance deduction on the basis of a sales type code may not exceed 50 percent of the value of the oil at the point of sale, as determined under § 1206.52. Transportation costs cannot be transferred between sales type codes or to other products.
</P>
<P>(2) Upon your request, ONRR may approve a transportation allowance deduction in excess of the limitation prescribed by paragraph (b)(1) of this section. You must demonstrate that the transportation costs incurred in excess of the limitation prescribed in paragraph (b)(1) of this section were reasonable, actual, and necessary. An application for exception (using Form ONRR-4393, Request to Exceed Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for ONRR to make a determination. Under no circumstances may the value, for royalty purposes, under any sales type code, be reduced to zero.
</P>
<P>(c) You must express transportation allowances for oil in dollars per barrel. If you or your affiliate's payments for transportation under a contract are not on a dollar-per-barrel basis, you must convert whatever consideration you or your affiliate are paid to a dollar-per-barrel equivalent.
</P>
<P>(d) You must allocate transportation costs among all products produced and transported as provided in § 1206.57.
</P>
<P>(e) All transportation allowances are subject to monitoring, review, audit, and adjustment.
</P>
<P>(f) If, after a review or audit, ONRR determines you have improperly determined a transportation allowance authorized by this subpart, then you must pay any additional royalties due plus late payment interest calculated under § 1218.54 of this chapter or report a credit for, or request a refund of, any overpaid royalties without interest under § 1218.53 of this chapter.
</P>
<P>(g) You may not deduct any costs of gathering as part of a transportation deduction or allowance.


</P>
</DIV8>


<DIV8 N="§ 1206.57" NODE="30:3.0.2.19.6.2.3.8" TYPE="SECTION">
<HEAD>§ 1206.57   How do I determine a transportation allowance if I have an arm's-length transportation contract?</HEAD>
<P>(a) <I>Arm's-length transportation.</I> (1) If you incur transportation costs under an arm's-length contract, your transportation allowance is the reasonable, actual costs that you incur to transport oil under that contract. You have the burden of demonstrating that your contract is arm's-length.
</P>
<P>(2) You must submit to ONRR a copy of your arm's-length transportation contract(s) and all subsequent amendments to the contract(s) within 2 months of the date that ONRR receives your report, which claims the allowance on Form ONRR-2014.
</P>
<P>(3) If ONRR determines that the consideration paid under an arm's-length transportation contract does not reflect the reasonable value of the transportation because of misconduct by or between the contracting parties, or because the lessee otherwise has breached its duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, then ONRR shall require that the transportation allowance be determined in accordance with paragraph (b) of this section. When ONRR determines that the value of the transportation may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's transportation costs.
</P>
<P>(4)(i) If an arm's-length transportation contract includes more than one liquid product, and the transportation costs attributable to each product cannot be determined from the contract, then you must allocate the total transportation costs in a consistent and equitable manner to each of the liquid products transported in the same proportion as the ratio of the volume of each product (excluding waste products which have no value) to the volume of all liquid products (excluding waste products which have no value). Except as provided in this paragraph (a)(4)(i), you may not take an allowance for the costs of transporting lease production, which is not royalty-bearing, without ONRR's approval.
</P>
<P>(ii) Notwithstanding the requirements of paragraph (a)(4)(i) of this section, you may propose to ONRR a cost allocation method on the basis of the values of the products transported. ONRR shall approve the method unless it determines that it is not consistent with the purposes of the regulations in this part.
</P>
<P>(5) If an arm's-length transportation contract includes both gaseous and liquid products, and the transportation costs attributable to each product cannot be determined from the contract, you must propose an allocation procedure to ONRR.
</P>
<P>(i) You may use the oil transportation allowance determined in accordance with its proposed allocation procedure until ONRR issues its determination on the acceptability of the cost allocation.
</P>
<P>(ii) You must submit to ONRR all available data to support your proposal.
</P>
<P>(iii) You must submit your initial proposal within 3 months after the last day of the month for which you request a transportation allowance, whichever is later (unless ONRR approves a longer period).
</P>
<P>(iv) ONRR will determine the oil transportation allowance based on your proposal and any additional information that ONRR deems necessary.
</P>
<P>(6) Where an arm's-length sales contract price includes a provision whereby the listed price is reduced by a transportation factor, ONRR will not consider the transportation factor to be a transportation allowance. You may use the transportation factor to determine your gross proceeds for the sale of the product. The transportation factor may not exceed 50 percent of the base price of the product without ONRR's approval.
</P>
<P>(b) <I>Reporting requirements.</I> (1) If ONRR requests, you must submit all data used to determine your transportation allowance. You must provide the data within a reasonable period of time that ONRR will determine.
</P>
<P>(2) You must report transportation allowances as a separate entry on Form ONRR-2014. ONRR may approve a different reporting procedure on allotted leases and with lessor approval on Tribal leases.
</P>
<P>(3) ONRR may establish, in appropriate circumstances, reporting requirements that are different from the requirements of this section.


</P>
</DIV8>


<DIV8 N="§ 1206.58" NODE="30:3.0.2.19.6.2.3.9" TYPE="SECTION">
<HEAD>§ 1206.58   How do I determine a transportation allowance if I have a non-arm's-length transportation contract or have no contract?</HEAD>
<P>(a) <I>Non-arm's-length or no contract.</I> (1) If you have a non-arm's-length transportation contract or no contract, including those situations where you or your affiliate perform(s) transportation services for you, the transportation allowance is based on your reasonable, actual costs as provided in this paragraph (a)(1).
</P>
<P>(2) You must submit the actual cost information to support the allowance to ONRR on Form ONRR-4110, Oil Transportation Allowance Report, within 3 months after the end of the calendar year to which the allowance applies. However, ONRR may approve a longer time period. ONRR will monitor the allowance deductions to ensure that deductions are reasonable and allowable. When necessary or appropriate, ONRR may require you to modify your actual transportation allowance deduction.
</P>
<P>(3) You must base a transportation allowance for non-arm's-length or no-contract situations on your actual costs for transportation during the reporting period, including operating and maintenance expenses, overhead, and either depreciation and a return on undepreciated capital investment under paragraph (a)(3)(iv)(A) of this section, or a cost equal to the initial capital investment in the transportation system multiplied by a rate of return under paragraph (a)(3)(iv)(B) of this section. Allowable capital costs are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment), which are an integral part of the transportation system.
</P>
<P>(i) Allowable operating expenses include: Operations supervision and engineering; operations labor; fuel; utilities; materials; ad valorem property taxes; rent; supplies; and any other directly allocable and attributable operating expense that the lessee can document.
</P>
<P>(ii) Allowable maintenance expenses include: Maintenance of the transportation system; maintenance of equipment; maintenance labor; and other directly allocable and attributable maintenance expenses that the lessee can document.
</P>
<P>(iii) Overhead directly attributable and allocable to the operation and maintenance of the transportation system is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(iv) You may use either depreciation or a return on depreciable capital investment. After you have elected to use either method for a transportation system, you may not later elect to change to the other alternative without approval from ONRR.
</P>
<P>(A) To compute depreciation, you may elect to use either a straight-line depreciation method, based on the life of equipment or on the life of the reserves, which the transportation system services, or on a unit-of-production method. After you make an election, you may not change methods without ONRR's approval. A change in ownership of a transportation system will not alter the depreciation schedule the original transporter/lessee established for the purposes of the allowance calculation. With or without a change in ownership, a transportation system can be depreciated only once. You may not depreciate equipment below a reasonable salvage value.
</P>
<P>(B) ONRR will allow as a cost an amount equal to the initial capital investment in the transportation system multiplied by the rate of return determined under paragraph (a)(3)(v) of this section. No allowance will be provided for depreciation.
</P>
<P>(v) The rate of return is the industrial rate associated with Standard and Poor's BBB rating. The rate of return you must use is the monthly average rate as published in Standard and Poor's Bond Guide for the first month of the reporting period for which the allowance is applicable and is effective during the reporting period. You must redetermine the rate at the beginning of each subsequent transportation allowance reporting period (which is determined under paragraph (b) of this section).
</P>
<P>(4)(i) You must determine the deduction for transportation costs based on your or your affiliate's cost of transporting each product through each individual transportation system. Where more than one liquid product is transported, you must allocate costs to each of the liquid products transported in the same proportion as the ratio of the volume of each liquid product (excluding waste products which have no value) to the volume of all liquid products (excluding waste products which have no value) and you must make such allocation in a consistent and equitable manner. Except as provided in this paragraph (a)(4)(i), you may not take an allowance for transporting lease production that is not royalty-bearing without ONRR's approval.
</P>
<P>(ii) Notwithstanding the requirements of paragraph (a)(4)(i) of this section, you may propose to ONRR a cost allocation method on the basis of the values of the products transported. ONRR will approve the method unless we determine that it is not consistent with the purposes of the regulations in this part.
</P>
<P>(5) Where both gaseous and liquid products are transported through the same transportation system, you must propose a cost allocation procedure to ONRR.
</P>
<P>(i) You may use the oil transportation allowance determined in accordance with its proposed allocation procedure until ONRR issues our determination on the acceptability of the cost allocation.
</P>
<P>(ii) You must submit to ONRR all available data to support your proposal.
</P>
<P>(iii) You must submit your initial proposal within 3 months after the last day of the month for which you request a transportation allowance (unless ONRR approves a longer period).
</P>
<P>(iv) ONRR will determine the oil transportation allowance based on your proposal and any additional information that ONRR deems necessary.
</P>
<P>(6) You may apply to ONRR for an exception from the requirement that you compute actual costs under paragraphs (a)(1) through (5) of this section.
</P>
<P>(i) ONRR will grant the exception only if you have a tariff for the transportation system the Federal Energy Regulatory Commission (FERC) has approved for Indian leases.
</P>
<P>(ii) ONRR will deny the exception request if it determines that the tariff is excessive as compared to arm's-length transportation charges by pipelines, owned by the lessee or others, providing similar transportation services in that area.
</P>
<P>(iii) If there are no arm's-length transportation charges, ONRR will deny the exception request if:
</P>
<P>(A) No FERC cost analysis exists and the FERC has declined to investigate under ONRR timely objections upon filing.
</P>
<P>(B) The tariff significantly exceeds the lessee's actual costs for transportation as determined under this section.
</P>
<P>(b) <I>Reporting requirements.</I> (1) If ONRR requests, you must submit all data used to determine your transportation allowance. You must provide the data within a reasonable period of time that ONRR will determine.
</P>
<P>(2) You must report transportation allowances as a separate entry on Form ONRR-2014. ONRR may approve a different reporting procedure on allotted leases and with lessor approval on Tribal leases.
</P>
<P>(3) ONRR may require you to submit all of the data that you used to prepare your Form ONRR-4110. You must submit the data within a reasonable period of time that ONRR determines.
</P>
<P>(4) ONRR may establish, in appropriate circumstances, reporting requirements that are different from the requirements of this section.
</P>
<P>(5) If you are authorized to use your FERC-approved tariff as your transportation cost under paragraph (a)(6) of this section, you must follow the reporting requirements of § 1206.57(b).
</P>
<P>(c) Notwithstanding any other provisions of this subpart, for other than arm's-length contracts, no cost will be allowed for oil transportation that results from payments (either volumetric or for value) for actual or theoretical losses. This section does not apply when the transportation allowance is based upon a FERC or State regulatory agency approved tariff.
</P>
<P>(d) The provisions of this section will apply to determine transportation costs when establishing value using a netback valuation procedure or any other procedure that requires deduction of transportation costs.


</P>
</DIV8>


<DIV8 N="§ 1206.59" NODE="30:3.0.2.19.6.2.3.10" TYPE="SECTION">
<HEAD>§ 1206.59   What interest applies if I improperly report a transportation allowance?</HEAD>
<P>(a) If you deduct a transportation allowance on Form ONRR-2014 without complying with the requirements of §§ 1206.56 and 1206.57 or § 1206.58, you must pay additional royalties due plus late payment interest calculated under § 1218.54 of this chapter.
</P>
<P>(b) If you erroneously report a transportation allowance that results in an underpayment of royalties, you must pay any additional royalties due plus late payment interest calculated under § 1218.54 of this chapter.


</P>
</DIV8>


<DIV8 N="§ 1206.60" NODE="30:3.0.2.19.6.2.3.11" TYPE="SECTION">
<HEAD>§ 1206.60   What reporting adjustments must I make for transportation allowances?</HEAD>
<P>(a) If your actual transportation allowance is less than the amount that you claimed on Form ONRR-2014 for each month during the allowance reporting period, you must pay additional royalties due, plus late payment interest calculated under § 1218.54 of this chapter from the first day of the first month that you were authorized to deduct a transportation allowance to the date that you repay the difference.
</P>
<P>(b) If the actual transportation allowance is greater than the amount that you claimed on Form ONRR-2014 for any month during the period reported on the allowance form, you may report a credit for, or request a refund of, any overpaid royalties without interest under § 1218.53 of this chapter.
</P>
<P>(c) If you make an adjustment under paragraph (a) or (b) of this section, then you must submit a corrected Form ONRR-2014 to reflect actual costs, together with any payment, using instructions that ONRR provides.


</P>
</DIV8>


<DIV8 N="§ 1206.61" NODE="30:3.0.2.19.6.2.3.12" TYPE="SECTION">
<HEAD>§ 1206.61   How will ONRR determine if my royalty payments are correct?</HEAD>
<P>(a)(1) ONRR may monitor, review, and audit the royalties that you report, and, if ONRR determines that your reported value is inconsistent with the requirements of this subpart, ONRR may direct you to use a different measure of royalty value.
</P>
<P>(2) If ONRR directs you to use a different royalty value, you must pay any additional royalties due plus late payment interest calculated under § 1218.54 of this chapter, or you may report a credit for, or request a refund of, any overpaid royalties without interest under § 1218.53 of this chapter.
</P>
<P>(b) When the provisions in this subpart refer to gross proceeds, in conducting reviews and audits, ONRR will examine if your or your affiliate's contract reflects the total consideration actually transferred, either directly or indirectly, from the buyer to you or your affiliate for the oil. If ONRR determines that a contract does not reflect the total consideration, you must value the oil sold as the total consideration accruing to you or your affiliate.


</P>
</DIV8>


<DIV8 N="§ 1206.62" NODE="30:3.0.2.19.6.2.3.13" TYPE="SECTION">
<HEAD>§ 1206.62   How do I request a value determination?</HEAD>
<P>(a) You may request a value determination from ONRR regarding any oil produced. Your request must:
</P>
<P>(1) Be in writing.
</P>
<P>(2) Identify specifically all leases involved, all interest owners of those leases, the designee(s), and the operator(s) for those leases.
</P>
<P>(3) Completely explain all relevant facts. You must inform ONRR of any changes to relevant facts that occur before we respond to your request.
</P>
<P>(4) Include copies of all relevant documents.
</P>
<P>(5) Provide your analysis of the issue(s), including citations to all relevant precedents (including adverse precedents).
</P>
<P>(6) Suggest your proposed valuation method.
</P>
<P>(b) In response to your request, ONRR may:
</P>
<P>(1) Request that the Assistant Secretary for Indian Affairs issue a valuation determination.
</P>
<P>(2) Decide that ONRR will issue guidance.
</P>
<P>(3) Inform you in writing that ONRR will not provide a determination or guidance. Situations in which ONRR typically will not provide any determination or guidance include, but are not limited to:
</P>
<P>(i) Requests for guidance on hypothetical situations.
</P>
<P>(ii) Matters that are the subject of pending litigation or administrative appeals.
</P>
<P>(c)(1) A value determination that the Assistant Secretary for Indian Affairs signs is binding on both you and ONRR until the Assistant Secretary modifies or rescinds it.
</P>
<P>(2) After the Assistant Secretary issues a value determination, you must make any adjustments to royalty payments that follow from the determination, and, if you owe additional royalties, you must pay the additional royalties due plus late payment interest calculated under § 1218.54 of this chapter.
</P>
<P>(3) A value determination that the Assistant Secretary signs is the final action of the Department and is subject to judicial review under 5 U.S.C. 701-706.
</P>
<P>(d) Guidance that ONRR issues is not binding on ONRR, the Indian lessor, or you with respect to the specific situation addressed in the guidance.
</P>
<P>(1) Guidance and ONRR's decision whether or not to issue guidance or request an Assistant Secretary determination, or neither, under paragraph (b) of this section, are not appealable decisions or orders under 30 CFR part 1290.
</P>
<P>(2) If you receive an order requiring you to pay royalty on the same basis as the guidance, you may appeal that order under 30 CFR part 1290.
</P>
<P>(e) ONRR or the Assistant Secretary may use any of the applicable valuation criteria in this subpart to provide guidance or make a determination.
</P>
<P>(f) A change in an applicable statute or regulation on which ONRR or the Assistant Secretary based any determination or guidance takes precedence over the determination or guidance, regardless of whether ONRR or the Assistant Secretary modifies or rescinds the determination or guidance.
</P>
<P>(g) ONRR or the Assistant Secretary generally will not retroactively modify or rescind a value determination issued under paragraph (d) of this section, unless:
</P>
<P>(1) There was a misstatement or omission of material facts.
</P>
<P>(2) The facts subsequently developed are materially different from the facts on which the guidance was based.
</P>
<P>(h) ONRR may make requests and replies under this section available to the public, subject to the confidentiality requirements under § 1206.65.


</P>
</DIV8>


<DIV8 N="§ 1206.63" NODE="30:3.0.2.19.6.2.3.14" TYPE="SECTION">
<HEAD>§ 1206.63   How do I determine royalty quantity and quality?</HEAD>
<P>(a) You must calculate royalties based on the quantity and quality of oil as measured at the point of royalty settlement that BLM approves.
</P>
<P>(b) If you determine the value of oil under § 1206.52, § 1206.53, or § 1206.54 based on a quantity and/or quality that is different from the quantity and/or quality at the point of royalty settlement that BLM approves for the lease, you must adjust that value for the differences in quantity and/or quality.
</P>
<P>(c) You may not make any deductions from the royalty volume or royalty value for actual or theoretical losses incurred before the royalty settlement point unless BLM determines that any actual loss was unavoidable.


</P>
</DIV8>


<DIV8 N="§ 1206.64" NODE="30:3.0.2.19.6.2.3.15" TYPE="SECTION">
<HEAD>§ 1206.64   What records must I keep to support my calculations of value under this subpart?</HEAD>
<P>If you determine the value of your oil under this subpart, you must retain all data relevant to the determination of royalty value.
</P>
<P>(a) You must show:
</P>
<P>(1) How you calculated the value that you reported, including all adjustments for location, quality, and transportation.
</P>
<P>(2) How you complied with these rules.
</P>
<P>(b) On request, you must make available sales, volume, and transportation data for production that you sold, purchased, or obtained from the field or area. You must make this data available to ONRR, Indian representatives, or other authorized persons.
</P>
<P>(c) You can find recordkeeping requirements in §§ 1207.5, 1212.50, and 1212.51 of this chapter.
</P>
<P>(d) ONRR, Indian representatives, or other authorized persons may review and audit your data, and ONRR will direct you to use a different value if they determine that the reported value is inconsistent with the requirements of this subpart.


</P>
</DIV8>


<DIV8 N="§ 1206.65" NODE="30:3.0.2.19.6.2.3.16" TYPE="SECTION">
<HEAD>§ 1206.65   Does ONRR protect information that I provide?</HEAD>
<P>(a) Certain information that you or your affiliate submit(s) to ONRR regarding the valuation of oil, including transportation allowances, may be exempt from disclosure.
</P>
<P>(b) To the extent that applicable laws and regulations permit, ONRR will keep confidential any data that you or your affiliate submit(s) that is privileged, confidential, or otherwise exempt from disclosure.
</P>
<P>(c) You and others must submit all requests for information under the Freedom of Information Act regulations of the Department of the Interior at 43 CFR part 2.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.6.3" TYPE="SUBPART">
<HEAD>Subpart C—Federal Oil</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>85 FR 62023, Oct. 1, 2020, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1206.100" NODE="30:3.0.2.19.6.3.3.1" TYPE="SECTION">
<HEAD>§ 1206.100   What is the purpose of this subpart?</HEAD>
<P>(a) This subpart applies to all oil produced from Federal oil and gas leases onshore and on the OCS. It explains how you, as a lessee, must calculate the value of production for royalty purposes consistent with mineral leasing laws, other applicable laws, and lease terms.
</P>
<P>(b) If you are a designee and if you dispose of production on behalf of a lessee, the terms “you” and “your” in this subpart refer to you and not to the lessee. In this circumstance, you must determine and report royalty value for the lessee's oil by applying the rules in this subpart to your disposition of the lessee's oil.
</P>
<P>(c) If you are a designee and only report for a lessee and do not dispose of the lessee's production, references to “you” and “your” in this subpart refer to the lessee and not the designee. In this circumstance, you as a designee must determine and report royalty value for the lessee's oil by applying the rules in this subpart to the lessee's disposition of its oil.
</P>
<P>(d) If the regulations in this subpart are inconsistent with a(an): Federal statute; settlement agreement between the United States and a lessee resulting from administrative or judicial litigation; written agreement between the lessee and ONRR's Director establishing a method to determine the value of production from any lease that ONRR expects would at least approximate the value established under this subpart; express provision of an oil and gas lease subject to this subpart, then the statute, settlement agreement, written agreement, or lease provision will govern to the extent of the inconsistency.
</P>
<P>(e) ONRR may audit, monitor, or review and adjust all royalty payments.




</P>
</DIV8>


<DIV8 N="§ 1206.101" NODE="30:3.0.2.19.6.3.3.2" TYPE="SECTION">
<HEAD>§ 1206.101   How do I calculate royalty value for oil I or my affiliate sell(s) under an arm's-length contract?</HEAD>
<P>(a) The value of oil under this section for royalty purposes is the gross proceeds accruing to you or your affiliate under the arm's-length contract less applicable allowances determined under § 1206.111 or § 1206.112. This value does not apply if you exercise an option to use a different value provided in paragraph (c)(1) or (c)(2)(i) of this section or if ONRR decides to value your oil under § 1206.105. You must use this paragraph (a) to value oil when:
</P>
<P>(1) You sell under an arm's-length sales contract; OR
</P>
<P>(2) You sell or transfer to your affiliate or another person under a non-arm's-length contract and that affiliate or person, or another affiliate of either of them, then sells the oil under an arm's-length contract, unless you exercise the option provided in paragraph (c)(2)(i) of this section.
</P>
<P>(b) If you have multiple arm's-length contracts to sell oil produced from a lease that is valued under paragraph (a) of this section, the value of the oil is the volume-weighted average of the values established under this section for each contract for the sale of oil produced from that lease.
</P>
<P>(c)(1) If you enter into an arm's-length exchange agreement, or multiple sequential arm's-length exchange agreements, and following the exchange(s) that you or your affiliate sell(s) the oil received in the exchange(s) under an arm's-length contract, then you may use either paragraph (a) of this section or § 1206.102 to value your production for royalty purposes. If you fail to make the election required under this paragraph, you may not make a retroactive election, and ONRR may decide your value under § 1206.105.
</P>
<P>(i) If you use paragraph (a) of this section, your gross proceeds are the gross proceeds under your or your affiliate's arm's-length sales contract after the exchange(s) occur(s). You must adjust your gross proceeds for any location or quality differential, or other adjustments, that you received or paid under the arm's-length exchange agreement(s). If ONRR determines that any arm's-length exchange agreement does not reflect reasonable location or quality differentials, ONRR may decide your value under § 1206.105. You may not otherwise use the price or differential specified in an arm's-length exchange agreement to value your production.
</P>
<P>(ii) When you elect under paragraph (c)(1) of this section to use paragraph (a) of this section or § 1206.102, you must make the same election for all of your production from the same unit, communitization agreement, or lease (if the lease is not part of a unit or communitization agreement) sold under arm's-length contracts following arm's-length exchange agreements. You may not change your election more often than once every two years.
</P>
<P>(2)(i) If you sell or transfer your oil production to your affiliate, and that affiliate or another affiliate then sells the oil under an arm's-length contract, you may use either paragraph (a) of this section or § 1206.102 to value your production for royalty purposes.
</P>
<P>(ii) When you elect under paragraph (c)(2)(i) of this section to use paragraph (a) of this section or § 1206.102, you must make the same election for all of your production from the same unit, communitization agreement, or lease (if the lease is not part of a unit or communitization agreement) that your affiliates resell at arm's-length. You may not change your election more often than once every two years.




</P>
</DIV8>


<DIV8 N="§ 1206.102" NODE="30:3.0.2.19.6.3.3.3" TYPE="SECTION">
<HEAD>§ 1206.102   How do I value oil not sold under an arm's-length contract?</HEAD>
<P>This section explains how to value oil that you may not value under § 1206.101 or that you elect under § 1206.101(c)(1) to value under this section, unless ONRR decides to value your oil under 1206.105. First, determine if paragraph (a), (b), or (c) of this section applies to production from your lease, or if you may apply paragraph (d) or (e) of this section with ONRR's approval.
</P>
<P>(a) <I>Production from leases in California or Alaska.</I> Value is the average of the daily mean ANS spot prices published in any ONRR-approved publication during the trading month most concurrent with the production month. For example, if the production month is June, calculate the average of the daily mean prices using the daily ANS spot prices published in the ONRR-approved publication for all of the business days in June.
</P>
<P>(1) To calculate the daily mean spot price, you must average the daily high and low prices for the month in the selected publication.
</P>
<P>(2) You must use only the days and corresponding spot prices for which such prices are published.
</P>
<P>(3) You must adjust the value for applicable location and quality differentials, and you may adjust it for transportation costs, under § 1206.111.
</P>
<P>(4) After you select an ONRR-approved publication, you may not select a different publication more often than once every two years, unless the publication you use is no longer published or ONRR revokes its approval of the publication. If you must change publications, you must begin a new two-year period.
</P>
<P>(b) <I>Production from leases in the Rocky Mountain Region.</I> This paragraph provides methods and options for valuing your production under different factual situations. You must consistently apply paragraph (b)(2) or (3) of this section to value all of your production from the same unit, communitization agreement, or lease (if the lease or a portion of the lease is not part of a unit or communitization agreement) that you cannot value under § 1206.101 or that you elect under § 1206.101(c)(1) to value under this section.
</P>
<P>(1) You may elect to value your oil under either paragraph (b)(2) or (3) of this section. After you select either paragraph (b)(2) or (3) of this section, you may not change to the other method more often than once every two years, unless the method you have been using is no longer applicable and you must apply the other paragraph. If you change methods, you must begin a new two-year period.
</P>
<P>(2) Value is the volume-weighted average of the gross proceeds accruing to the seller under your or your affiliate's arm's-length contracts for the purchase or sale of production from the field or area during the production month.
</P>
<P>(i) The total volume purchased or sold under those contracts must exceed 50 percent of your and your affiliate's production from both Federal and non-Federal leases in the same field or area during that month.
</P>
<P>(ii) Before calculating the volume-weighted average, you must normalize the quality of the oil in your or your affiliate's arm's-length purchases or sales to the same gravity as that of the oil produced from the lease.
</P>
<P>(3) Value is the NYMEX price (without the roll), adjusted for applicable location and quality differentials and transportation costs under § 1206.113.
</P>
<P>(4) If you demonstrate to ONRR's satisfaction that paragraphs (b)(2) through (3) of this section result in an unreasonable value for your production as a result of circumstances regarding that production, ONRR's Director may establish an alternative valuation method.
</P>
<P>(c) <I>Production from leases not located in California, Alaska, or the Rocky Mountain Region.</I>
</P>
<P>(1) Value is the NYMEX price, plus the roll, adjusted for applicable location and quality differentials and transportation costs under § 1206.113.
</P>
<P>(2) If ONRR's Director determines that the use of the roll no longer reflects prevailing industry practice in crude oil sales contracts or that the most common formula that industry uses to calculate the roll changes, ONRR may terminate or modify the use of the roll under paragraph (c)(1) of this section at the end of each two-year period as of January 1, 2017, through a notice published in the <E T="04">Federal Register</E> not later than 60 days before the end of the two-year period. ONRR will explain the rationale for terminating or modifying the use of the roll in this notice.
</P>
<P>(d) <I>Unreasonable value.</I> If ONRR determines that the NYMEX price or ANS spot price does not represent a reasonable royalty value in any particular case, ONRR may decide to value your oil under § 1206.105.
</P>
<P>(e) <I>Production delivered to your refinery and the NYMEX price or ANS spot price is an unreasonable value.</I> If ONRR determines that the NYMEX price or ANS spot price does not represent a reasonable royalty value in any particular case, ONRR may decide to value your oil under § 1206.105.




</P>
</DIV8>


<DIV8 N="§ 1206.103" NODE="30:3.0.2.19.6.3.3.4" TYPE="SECTION">
<HEAD>§ 1206.103   What publications does ONRR approve?</HEAD>
<P>(a) ONRR will periodically publish on <I>www.onrr.gov</I> a list of ONRR-approved publications for the NYMEX price and ANS spot price based on certain criteria including, but not limited to:
</P>
<P>(1) Publications buyers and sellers frequently use.
</P>
<P>(2) Publications frequently mentioned in purchase or sales contracts.
</P>
<P>(3) Publications that use adequate survey techniques, including development of estimates based on daily surveys of buyers and sellers of crude oil, and, for ANS spot prices, buyers and sellers of ANS crude oil.
</P>
<P>(4) Publications independent from ONRR, other lessors, and lessees.
</P>
<P>(b) Any publication may petition ONRR to be added to the list of acceptable publications.
</P>
<P>(c) ONRR will specify the tables that you must use in the acceptable publications.
</P>
<P>(d) ONRR may revoke its approval of a particular publication if we determine that the prices or differentials published in the publication do not accurately represent NYMEX prices or differentials or ANS spot market prices or differentials.




</P>
</DIV8>


<DIV8 N="§ 1206.104" NODE="30:3.0.2.19.6.3.3.5" TYPE="SECTION">
<HEAD>§ 1206.104   How will ONRR determine if my royalty payments are correct?</HEAD>
<P>(a)(1) ONRR may monitor, review, and audit the royalties that you report, and, if ONRR determines that your reported value is inconsistent with the requirements of this subpart, ONRR may direct you to use a different measure of royalty value or decide your value under § 1206.105.
</P>
<P>(2) If ONRR directs you to use a different royalty value, you must either pay any additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter), or report a credit for—or request a refund of—any overpaid royalties.
</P>
<P>(b) When the provisions in this subpart refer to gross proceeds, in conducting reviews and audits, ONRR will examine if your or your affiliate's contract reflects the total consideration actually transferred, either directly or indirectly, from the buyer to you or to your affiliate for the oil. If ONRR determines that a contract does not reflect the total consideration, ONRR may decide your value under § 1206.105.
</P>
<P>(c) ONRR may decide your value under § 1206.105 if ONRR determines that the gross proceeds accruing to you or your affiliate under a contract do not reflect reasonable consideration because:
</P>
<P>(1) There is misconduct by or between the contracting parties; or
</P>
<P>(2) You have breached your duty to market the oil for the mutual benefit of yourself and the lessor by selling your oil at a value that is unreasonably low. ONRR may consider a sales price to be unreasonably low if it is 10 percent less than the lowest reasonable measures of market price including—but not limited to—index prices and prices reported to ONRR for like quality oil; or
</P>
<P>(3) ONRR cannot determine if you properly valued your oil under § 1206.101 or § 1206.102 for any reason including—but not limited to—your or your affiliate's failure to provide documents that ONRR requests under 30 CFR part 1212, subpart B.
</P>
<P>(d) You have the burden of demonstrating that your or your affiliate's contract is arm's-length.
</P>
<P>(e) ONRR may require you to certify that the provisions in your or your affiliate's contract include all of the consideration that the buyer paid to you or your affiliate, either directly or indirectly, for the oil.
</P>
<P>(f)(1) Absent contract revision or amendment, if you or your affiliate fail(s) to take proper or timely action to receive prices or benefits to which you or your affiliate are entitled, you must pay royalty based upon that obtainable price or benefit.
</P>
<P>(2) If you or your affiliate apply in a timely manner for a price increase or benefit allowed under your or your affiliate's contract, but the purchaser refuses and you or your affiliate take reasonable documented measures to force purchaser compliance, you will not owe additional royalties unless or until you or your affiliate receive additional monies or consideration resulting from the price increase. You may not construe this paragraph to permit you to avoid your royalty payment obligation in situations where a purchaser fails to pay, in whole or in part or in a timely manner, for a quantity of oil.
</P>
<P>(g)(1) You or your affiliate must make all contracts, contract revisions, or amendments in writing, and all parties to the contract must sign the contract, contract revisions, or amendments.
</P>
<P>(2) If you or your affiliate fail(s) to comply with paragraph (g)(1) of this section, ONRR may determine your value under § 1206.105.
</P>
<P>(3) This provision applies notwithstanding any other provisions in this title 30 to the contrary.




</P>
</DIV8>


<DIV8 N="§ 1206.105" NODE="30:3.0.2.19.6.3.3.6" TYPE="SECTION">
<HEAD>§ 1206.105   How will ONRR determine the value of my oil for royalty purposes?</HEAD>
<P>If ONRR decides that we will value your oil for royalty purposes under § 1206.104, or any other provision in this subpart, then we will determine value, for royalty purposes, by considering any information that we deem relevant, which may include, but is not limited to, the following:
</P>
<FP-1>(a) The value of like-quality oil in the same field or nearby fields or areas
</FP-1>
<FP-1>(b) The value of like-quality oil from the refinery or area
</FP-1>
<FP-1>(c) Public sources of price or market information that ONRR deems reliable
</FP-1>
<FP-1>(d) Information available and reported to ONRR, including but not limited to on form ONRR-2014 and the Oil and Gas Operations Report (Form ONRR-4054)
</FP-1>
<FP-1>(e) Costs of transportation or processing if ONRR determines that they are applicable
</FP-1>
<FP-1>(f) Any information that ONRR deems relevant regarding the particular lease operation or the salability of the oil




</FP-1>
</DIV8>


<DIV8 N="§ 1206.106" NODE="30:3.0.2.19.6.3.3.7" TYPE="SECTION">
<HEAD>§ 1206.106   What records must I keep to support my calculations of value under this subpart?</HEAD>
<P>If you determine the value of your oil under this subpart, you must retain all data relevant to the determination of royalty value.
</P>
<P>(a) You must show both of the following:
</P>
<P>(1) How you calculated the value that you reported, including all adjustments for location, quality, and transportation.
</P>
<P>(2) How you complied with these rules.
</P>
<P>(b) You can find recordkeeping requirements in parts 1207 and 1212 of this chapter.
</P>
<P>(c) ONRR may review and audit your data, and ONRR will direct you to use a different value if we determine that the reported value is inconsistent with the requirements of this subpart.




</P>
</DIV8>


<DIV8 N="§ 1206.107" NODE="30:3.0.2.19.6.3.3.8" TYPE="SECTION">
<HEAD>§ 1206.107   What are my responsibilities to place production into marketable condition and to market production?</HEAD>
<P>(a) You must place oil in marketable condition and market the oil for the mutual benefit of the lessee and the lessor at no cost to the Federal government.
</P>
<P>(b) If you use gross proceeds under an arm's-length contract in determining value, you must increase those gross proceeds to the extent that the purchaser, or any other person, provides certain services that the seller normally would be responsible to perform to place the oil in marketable condition or to market the oil.




</P>
</DIV8>


<DIV8 N="§ 1206.108" NODE="30:3.0.2.19.6.3.3.9" TYPE="SECTION">
<HEAD>§ 1206.108   How do I request a valuation determination?</HEAD>
<P>(a) You may request a valuation determination from ONRR regarding any oil produced. Your request must:
</P>
<P>(1) Be in writing;
</P>
<P>(2) Identify, specifically, all leases involved, all interest owners of those leases, the designee(s), and the operator(s) for those leases;
</P>
<P>(3) Completely explain all relevant facts; you must inform ONRR of any changes to relevant facts that occur before we respond to your request;
</P>
<P>(4) Include copies of all relevant documents;
</P>
<P>(5) Provide your analysis of the issue(s), including citations to all relevant precedents (including adverse precedents); and
</P>
<P>(6) Suggest your proposed valuation method.
</P>
<P>(b) In response to your request, ONRR may:
</P>
<P>(1) Request that the Assistant Secretary for Policy, Management and Budget issue a valuation determination;
</P>
<P>(2) Decide that ONRR will issue guidance; or
</P>
<P>(3) Inform you in writing that ONRR will not provide a determination or guidance. Situations in which ONRR typically will not provide any determination or guidance include, but are not limited to, the following:
</P>
<FP-1>(i) Requests for guidance on hypothetical situations
</FP-1>
<FP-1>(ii) Matters that are the subject of pending litigation or administrative appeals
</FP-1>
<P>(c)(1) A valuation determination that the Assistant Secretary for Policy, Management and Budget signs is binding on both you and ONRR until the Assistant Secretary modifies or rescinds it.
</P>
<P>(2) After the Assistant Secretary issues a valuation determination, you must make any adjustments to royalty payments that follow from the determination and, if you owe additional royalties, you must pay the additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter.
</P>
<P>(3) A valuation determination that the Assistant Secretary signs is the final action of the Department and is subject to judicial review under 5 U.S.C. 701-706.
</P>
<P>(d) Guidance that ONRR issues is not binding on ONRR, delegated States, or you with respect to the specific situation addressed in the guidance.
</P>
<P>(1) Guidance and ONRR's decision whether or not to issue guidance or request an Assistant Secretary determination, or neither, under paragraph (b) of this section, are not appealable decisions or orders under 30 CFR part 1290.
</P>
<P>(2) If you receive an order requiring you to pay royalty on the same basis as the guidance, you may appeal that order under 30 CFR part 1290.
</P>
<P>(e) ONRR or the Assistant Secretary may use any of the applicable valuation criteria in this subpart to provide guidance or to make a determination.
</P>
<P>(f) A change in an applicable statute or regulation on which ONRR or the Assistant Secretary based any determination or guidance takes precedence over the determination or guidance, regardless of whether ONRR or the Assistant Secretary modifies or rescinds the determination or guidance.
</P>
<P>(g) ONRR or the Assistant Secretary generally will not retroactively modify or rescind a valuation determination issued under paragraph (d) of this section, unless:
</P>
<P>(1) There was a misstatement or omission of material facts; or
</P>
<P>(2) The facts subsequently developed are materially different from the facts on which the guidance was based.
</P>
<P>(h) ONRR may make requests and replies under this section available to the public, subject to the confidentiality requirements under § 1206.109.




</P>
</DIV8>


<DIV8 N="§ 1206.109" NODE="30:3.0.2.19.6.3.3.10" TYPE="SECTION">
<HEAD>§ 1206.109   Does ONRR protect information that I provide?</HEAD>
<P>(a) Certain information that you or your affiliate submit(s) to ONRR regarding valuation of oil, including transportation allowances, may be exempt from disclosure.
</P>
<P>(b) To the extent that applicable laws and regulations permit, ONRR will keep confidential any data that you or your affiliate submit(s) that is privileged, confidential, or otherwise exempt from disclosure.
</P>
<P>(c) You and others must submit all requests for information under the Freedom of Information Act regulations of the Department of the Interior at 43 CFR part 2.




</P>
</DIV8>


<DIV8 N="§ 1206.110" NODE="30:3.0.2.19.6.3.3.11" TYPE="SECTION">
<HEAD>§ 1206.110   What general transportation allowance requirements apply to me?</HEAD>
<P>(a) ONRR will allow a deduction for the reasonable, actual costs to transport oil from the lease to the point off of the lease under § 1206.110, § 1206.111, or § 1206.112, as applicable. You may not deduct transportation costs that you incur to move a particular volume of production to reduce royalties that you owe on production for which you did not incur those costs. This paragraph applies when:
</P>
<P>(1)(i) The movement to the sales point is not gathering;
</P>
<P>(ii) For oil produced on the OCS, the movement of oil from the wellhead to the first platform is not transportation; and
</P>
<P>(2) You value oil under § 1206.101 based on a sale at a point off of the lease, unit, or communitized area where the oil is produced; or
</P>
<P>(3) You do not value your oil under § 1206.102(a)(3) or (b)(3).
</P>
<P>(b) You must calculate the deduction for transportation costs based on your or your affiliate's cost of transporting each product through each individual transportation system. If your or your affiliate's transportation contract includes more than one liquid product, you must allocate costs consistently and equitably to each of the liquid products that are transported. Your allocation must use the same proportion as the ratio of the volume of each liquid product (excluding waste products with no value) to the volume of all liquid products (excluding waste products with no value).
</P>
<P>(1) You may not take an allowance for transporting lease production that is not royalty-bearing.
</P>
<P>(2) You may propose to ONRR a prospective cost allocation method based on the values of the liquid products transported. ONRR will approve the method if it is consistent with the purposes of the regulations in this subpart.
</P>
<P>(3) You may use your proposed procedure to calculate a transportation allowance beginning with the production month following the month when ONRR received your proposed procedure until ONRR accepts or rejects your cost allocation. If ONRR rejects your cost allocation, you must amend your form ONRR-2014 for the months that you used the rejected method and pay any additional royalty due, plus late payment interest.
</P>
<P>(c)(1) Where you or your affiliate transport(s) both gaseous and liquid products through the same transportation system, you must propose a cost allocation procedure to ONRR.
</P>
<P>(2) You may use your proposed procedure to calculate a transportation allowance until ONRR accepts or rejects your cost allocation. If ONRR rejects your cost allocation, you must amend your form ONRR-2014 for the months when you used the rejected method and pay any additional royalty and interest due.
</P>
<P>(3) You must submit your initial proposal, including all available data, within three months after you first claim the allocated deductions on form ONRR-2014.
</P>
<P>(d)(1) Your transportation allowance may not exceed 50 percent of the value of the oil, as determined under § 1206.101 of this subpart.
</P>
<P>(2) If ONRR approved your request to take a transportation allowance in excess of the 50-percent limitation under former § 1206.109(c), that approval is terminated as of January 1, 2017.
</P>
<P>(e) You must express transportation allowances for oil as a dollar-value equivalent. If your or your affiliate's payments for transportation under a contract are not on a dollar-per-unit basis, you must convert whatever consideration you or your affiliate are paid to a dollar-value equivalent.
</P>
<P>(f) ONRR may determine your transportation allowance under § 1206.105 because:
</P>
<P>(1) There is misconduct by or between the contracting parties;
</P>
<P>(2) ONRR determines that the consideration that you or your affiliate paid under an arm's-length transportation contract does not reflect the reasonable cost of the transportation because you breached your duty to market the oil for the mutual benefit of yourself and the lessor by transporting your oil at a cost that is unreasonably high. We may consider a transportation allowance to be unreasonably high if it is 10 percent higher than the highest reasonable measures of transportation costs including, but not limited to, transportation allowances reported to ONRR and tariffs for gas, residue gas, or gas plant product transported through the same system; or
</P>
<P>(3) ONRR cannot determine if you properly calculated a transportation allowance under § 1206.111 or § 1206.112 for any reason, including, but not limited to, your or your affiliate's failure to provide documents that ONRR requests under 30 CFR part 1212, subpart B.
</P>
<P>(g) You do not need ONRR's approval before reporting a transportation allowance.




</P>
</DIV8>


<DIV8 N="§ 1206.111" NODE="30:3.0.2.19.6.3.3.12" TYPE="SECTION">
<HEAD>§ 1206.111   How do I determine a transportation allowance if I have an arm's-length transportation contract?</HEAD>
<P>(a)(1) If you or your affiliate incur transportation costs under an arm's-length transportation contract, you may claim a transportation allowance for the reasonable, actual costs incurred, as more fully explained in paragraph (b) of this section, except as provided in § 1206.110(f) and subject to the limitation in § 1206.110(d).
</P>
<P>(2) You must be able to demonstrate that your or your affiliate's contract is at arm's-length.
</P>
<P>(3) You do not need ONRR's approval before reporting a transportation allowance for costs incurred under an arm's-length transportation contract.
</P>
<P>(b) Subject to the requirements of paragraph (c) of this section, you may include, but are not limited to, the following costs to determine your transportation allowance under paragraph (a) of this section; you may not use any cost as a deduction that duplicates all or part of any other cost that you use under this section including, but not limited to:
</P>
<P>(1) The amount that you pay under your arm's-length transportation contract or tariff.
</P>
<P>(2) Fees paid (either in volume or in value) for actual or theoretical line losses.
</P>
<P>(3) Fees paid for administration of a quality bank.
</P>
<P>(4) Fees paid to a terminal operator for loading and unloading of crude oil into or from a vessel, vehicle, pipeline, or other conveyance.
</P>
<P>(5) Fees paid for short-term storage (30 days or less) incidental to transportation as a transporter requires.
</P>
<P>(6) Fees paid to pump oil to another carrier's system or vehicles as required under a tariff.
</P>
<P>(7) Transfer fees paid to a hub operator associated with physical movement of crude oil through the hub when you do not sell the oil at the hub. These fees do not include title transfer fees.
</P>
<P>(8) Payments for a volumetric deduction to cover shrinkage when high-gravity petroleum (generally in excess of 51 degrees API) is mixed with lower gravity crude oil for transportation.
</P>
<P>(9) Costs of securing a letter of credit, or other surety, that the pipeline requires you, as a shipper, to maintain.
</P>
<P>(10) Hurricane surcharges that you or your affiliate actually pay(s).
</P>
<P>(11) The cost of carrying on your books as inventory a volume of oil that the pipeline operator requires you, as a shipper, to maintain and that you do maintain in the line as line fill. You must calculate this cost as follows:
</P>
<P>(i) First, multiply the volume that the pipeline requires you to maintain—and that you do maintain—in the pipeline by the value of that volume for the current month calculated under § 1206.101 or § 1206.102, as applicable.
</P>
<P>(ii) Second, multiply the value calculated under paragraph (b)(11)(i) of this section by the monthly rate of return, calculated by dividing the rate of return specified in § 1206.112(i)(3) by 12.
</P>
<P>(c) You may not include the following costs to determine your transportation allowance under paragraph (a) of this section:
</P>
<P>(1) Fees paid for long-term storage (more than 30 days)
</P>
<P>(2) Administrative, handling, and accounting fees associated with terminalling
</P>
<P>(3) Title and terminal transfer fees
</P>
<P>(4) Fees paid to track and match receipts and deliveries at a market center or to avoid paying title transfer fees
</P>
<P>(5) Fees paid to brokers
</P>
<P>(6) Fees paid to a scheduling service provider
</P>
<P>(7) Internal costs, including salaries and related costs, rent/space costs, office equipment costs, legal fees, and other costs to schedule, nominate, and account for sale or movement of production
</P>
<P>(8) Gauging fees
</P>
<P>(d) If you have no written contract for the arm's-length transportation of oil, then ONRR will determine your transportation allowance under § 1206.105. You may not use this paragraph (d) if you or your affiliate perform(s) your own transportation.
</P>
<P>(1) You must propose to ONRR a method to determine the allowance using the procedures in § 1206.108(a).
</P>
<P>(2) You may use that method to determine your allowance until ONRR issues its determination.




</P>
</DIV8>


<DIV8 N="§ 1206.112" NODE="30:3.0.2.19.6.3.3.13" TYPE="SECTION">
<HEAD>§ 1206.112   How do I determine a transportation allowance if I do not have an arm's-length transportation contract?</HEAD>
<P>(a) This section applies if you or your affiliate do(es) not have an arm's-length transportation contract, including situations where you or your affiliate provide your own transportation services. You must calculate your transportation allowance based on your or your affiliate's reasonable, actual costs for transportation during the reporting period using the procedures prescribed in this section.
</P>
<P>(b) Your or your affiliate's actual costs may include the following:
</P>
<P>(1) Capital costs and operating and maintenance expenses under paragraphs (e), (f), and (g) of this section.
</P>
<P>(2) Overhead under paragraph (h) of this section.
</P>
<P>(3)(i) Depreciation and a return on undepreciated capital investment under paragraph (i)(1) of this section, or you may elect to use a cost equal to a return on the initial depreciable capital investment in the transportation system under paragraph (i)(2) of this section. After you have elected to use either method for a transportation system, you may not later elect to change to the other alternative without ONRR's approval. If ONRR accepts your request to change methods, you may use your changed method beginning with the production month following the month when ONRR received your change request.
</P>
<P>(ii) A return on the reasonable salvage value under paragraph (i)(1)(iii) of this section after you have depreciated the transportation system to its reasonable salvage value.
</P>
<P>(c) To the extent not included in costs identified in paragraphs (e) through (h) of this section.
</P>
<P>(1) If you or your affiliate incur(s) the following actual costs under your or your affiliate's non-arm's-length contract, you may include these costs in your calculations under this section:
</P>
<P>(i) Fees paid to a non-affiliated terminal operator for loading and unloading of crude oil into or from a vessel, vehicle, pipeline, or other conveyance
</P>
<P>(ii) Transfer fees paid to a hub operator associated with physical movement of crude oil through the hub when you do not sell the oil at the hub; these fees do not include title transfer fees
</P>
<P>(iii) A volumetric deduction to cover shrinkage when high-gravity petroleum (generally in excess of 51 degrees API) is mixed with lower gravity crude oil for transportation
</P>
<P>(iv) Fees paid to a non-affiliated quality bank administrator for administration of a quality bank
</P>
<P>(v) The cost of carrying on your books as inventory a volume of oil that the pipeline operator requires you, as a shipper, to maintain—and that you do maintain—in the line as line fill; you must calculate this cost as follows:
</P>
<P>(A) First, multiply the volume that the pipeline requires you to maintain—and that you do maintain—in the pipeline by the value of that volume for the current month calculated under § 1206.101 or § 1206.102, as applicable.
</P>
<P>(B) Second, multiply the value calculated under paragraph (c)(1)(v)(A) of this section by the monthly rate of return, calculated by dividing the rate of return specified in paragraph (i)(3) of this section by 12.
</P>
<P>(2) You may not include in your transportation allowance:
</P>
<P>(i) Any of the costs identified under § 1206.111(c); and/or
</P>
<P>(ii) Fees paid (either in volume or in value) for actual or theoretical line losses.
</P>
<P>(d) You may not use any cost as a deduction that duplicates all or part of any other cost that you use under this section.
</P>
<P>(e) Allowable capital investment costs are generally those for depreciable fixed assets (including the costs of delivery and installation of capital equipment) that are an integral part of the transportation system.
</P>
<P>(f) Allowable operating expenses include the following:
</P>
<P>(1) Operations supervision and engineering
</P>
<P>(2) Operations labor
</P>
<P>(3) Fuel
</P>
<P>(4) Utilities
</P>
<P>(5) Materials
</P>
<P>(6) Ad valorem property taxes
</P>
<P>(7) Rent
</P>
<P>(8) Supplies
</P>
<P>(9) Any other directly allocable and attributable operating expense that you can document
</P>
<P>(g) Allowable maintenance expenses include the following:
</P>
<P>(1) Maintenance of the transportation system
</P>
<P>(2) Maintenance of equipment
</P>
<P>(3) Maintenance labor
</P>
<P>(4) Other directly allocable and attributable maintenance expenses that you can document
</P>
<P>(h) Overhead, directly attributable and allocable to the operation and maintenance of the transportation system, is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(i)(1) To calculate depreciation and a return on undepreciated capital investment, you may elect to use either a straight-line depreciation method (based on the life of equipment or on the life of the reserves that the transportation system services), or you may elect to use a unit-of-production method. After you make an election, you may not change methods without ONRR's approval. If ONRR accepts your request to change methods, you may use your changed method beginning with the production month following the month when ONRR received your change request.
</P>
<P>(i) A change in ownership of a transportation system will not alter the depreciation schedule that the original transporter/lessee established for purposes of the allowance calculation.
</P>
<P>(ii) You may depreciate a transportation system, with or without a change in ownership, only once.
</P>
<P>(iii)(A) To calculate the return on undepreciated capital investment, you may use an amount equal to the undepreciated capital investment in the transportation system multiplied by the rate of return that you determine under paragraph (i)(3) of this section.
</P>
<P>(B) After you have depreciated a transportation system to the reasonable salvage value, you may continue to include in the allowance calculation a cost equal to the reasonable salvage value multiplied by a rate of return under paragraph (i)(3) of this section.
</P>
<P>(2) As an alternative to using depreciation and a return on undepreciated capital investment, as provided under paragraph (b)(3) of this section, you may use as a cost an amount equal to the allowable initial capital investment in the transportation system multiplied by the rate of return determined under paragraph (i)(3) of this section. You may not include depreciation in your allowance.
</P>
<P>(3) The rate of return is the industrial rate associated with Standard &amp; Poor's BBB rating.
</P>
<P>(i) You must use the monthly average BBB rate that Standard &amp; Poor's publishes for the first month for which the allowance is applicable.
</P>
<P>(ii) You must re-determine the rate at the beginning of each subsequent calendar year.




</P>
</DIV8>


<DIV8 N="§ 1206.113" NODE="30:3.0.2.19.6.3.3.14" TYPE="SECTION">
<HEAD>§ 1206.113   What adjustments and transportation allowances apply when I value oil production from my lease using NYMEX prices or ANS spot prices?</HEAD>
<P>This section applies when you use NYMEX prices or ANS spot prices to calculate the value of production under § 1206.102. As specified in this section, you must adjust the NYMEX price to reflect the difference in value between your lease and Cushing, Oklahoma, or adjust the ANS spot price to reflect the difference in value between your lease and the appropriate ONRR-recognized market center at which the ANS spot price is published (for example, Long Beach, California, or San Francisco, California). Paragraph (a) of this section explains how you adjust the value between the lease and the market center, and paragraph (b) of this section explains how you adjust the value between the market center and Cushing when you use NYMEX prices. Paragraph (c) of this section explains how adjustments may be made for quality differentials that are not accounted for through exchange agreements. Paragraph (d) of this section gives some examples. References in this section to “you” include your affiliates, as applicable.
</P>
<P>(a) To adjust the value between the lease and the market center:
</P>
<P>(1)(i) For oil that you exchange at arm's-length between your lease and the market center (or between any intermediate points between those locations), you must calculate a lease-to-market center differential by the applicable location and quality differentials derived from your arm's-length exchange agreement applicable to production during the production month.
</P>
<P>(ii) For oil that you exchange between your lease and the market center (or between any intermediate points between those locations) under an exchange agreement that is not at arm's-length, you must obtain approval from ONRR for a location and quality differential. Until you obtain such approval, you may use the location and quality differential derived from that exchange agreement applicable to production during the production month. If ONRR prescribes a different differential, you must apply ONRR's differential to all periods for which you used your proposed differential. You must pay any additional royalties due resulting from using ONRR's differential, plus late payment interest from the original royalty due date, or you may report a credit for any overpaid royalties, plus interest, under 30 U.S.C. 1721(h).
</P>
<P>(2) For oil that you transport between your lease and the market center (or between any intermediate points between those locations), you may take an allowance for the cost of transporting that oil between the relevant points, as determined under § 1206.111 or 1206.112, as applicable.
</P>
<P>(3) If you transport or exchange at arm's-length (or both transport and exchange) at least 20 percent—but not all—of your oil produced from the lease to a market center, you must determine the adjustment between the lease and the market center for the oil that is not transported or exchanged (or both transported and exchanged) to or through a market center as follows:
</P>
<P>(i) Determine the volume-weighted average of the lease-to-market center adjustment calculated under paragraphs (a)(1) and (2) of this section for the oil that you do transport or exchange (or both transport and exchange) from your lease to a market center.
</P>
<P>(ii) Use that volume-weighted average lease-to-market center adjustment as the adjustment for the oil that you do not transport or exchange (or both transport and exchange) from your lease to a market center.
</P>
<P>(4) If you transport or exchange (or both transport and exchange) less than 20 percent of the crude oil produced from your lease between the lease and a market center, you must propose to ONRR an adjustment between the lease and the market center for the portion of the oil that you do not transport or exchange (or both transport and exchange) to a market center. Until you obtain such approval, you may use your proposed adjustment. If ONRR prescribes a different adjustment, you must apply ONRR's adjustment to all periods for which you used your proposed adjustment. You must pay any additional royalties due resulting from using ONRR's adjustment, plus late payment interest from the original royalty due date, or you may report a credit for any overpaid royalties plus interest under 30 U.S.C. 1721(h).
</P>
<P>(5) You may not both take a transportation allowance and use a location and quality adjustment or exchange differential for the same oil between the same points.
</P>
<P>(b) For oil that you value using NYMEX prices, you must adjust the value between the market center and Cushing, Oklahoma, as follows:
</P>
<P>(1) If you have arm's-length exchange agreements between the market center and Cushing under which you exchange to Cushing at least 20 percent of all of the oil that you own at the market center during the production month, you must use the volume-weighted average of the location and quality differentials from those agreements as the adjustment between the market center and Cushing for all of the oil that you produce from the leases during that production month for which that market center is used.
</P>
<P>(2) If paragraph (b)(1) of this section does not apply, you must use the WTI differential published in an ONRR-approved publication for the market center nearest to your lease, for crude oil most similar in quality to your production, as the adjustment between the market center and Cushing. For example, for light sweet crude oil produced offshore of Louisiana, you must use the WTI differential for Light Louisiana Sweet crude oil at St. James, Louisiana. After you select an ONRR-approved publication, you may not select a different publication more often than once every two years, unless the publication you use is no longer published or ONRR revokes its approval of the publication. If you must change publications, you must begin a new two-year period.
</P>
<P>(3) If neither paragraph (b)(1) nor (2) of this section applies, you may propose an alternative differential to ONRR. Until you obtain such approval, you may use your proposed differential. If ONRR prescribes a different differential, you must apply ONRR's differential to all periods for which you used your proposed differential. You must pay any additional royalties due resulting from using ONRR's differential, plus late payment interest from the original royalty due date, or you may report a credit for any overpaid royalties plus interest under 30 U.S.C. 1721(h).
</P>
<P>(c)(1) If you adjust for location and quality differentials or for transportation costs under paragraphs (a) and (b) of this section, you also must adjust the NYMEX price or ANS spot price for quality based on premiums or penalties determined by pipeline quality bank specifications at intermediate commingling points or at the market center if those points are downstream of the royalty measurement point that BSEE or BLM, as applicable, approve. You must make this adjustment only if, and to the extent that, such adjustments were not already included in the location and quality differentials determined from your arm's-length exchange agreements.
</P>
<P>(2) If the quality of your oil, as adjusted, is still different from the quality of the representative crude oil at the market center after making the quality adjustments described in paragraphs (a), (b), and (c)(1) of this section, you may make further gravity adjustments using posted price gravity tables. If quality bank adjustments do not incorporate or provide for adjustments for sulfur content, you may make sulfur adjustments, based on the quality of the representative crude oil at the market center, of 5.0 cents per one-tenth percent difference in sulfur content.
</P>
<P>(i) You may request prior ONRR approval to use a different adjustment.
</P>
<P>(ii) If ONRR approves your request to use a different quality adjustment, you may begin using that adjustment for the production month following the month when ONRR received your request.
</P>
<P>(d) The examples in this paragraph illustrate how to apply the requirement of this section.
</P>
<P>(1) <I>Example 1.</I> Assume that a Federal lessee produces crude oil from a lease near Artesia, New Mexico. Further, assume that the lessee transports the oil to Roswell, New Mexico, and then exchanges the oil to Midland, Texas. Assume that the lessee refines the oil received in exchange at Midland. Assume that the NYMEX price is $86.21/bbl, adjusted for the roll; that the WTI differential (Cushing to Midland) is−$2.27/bbl; that the lessee's exchange agreement between Roswell and Midland results in a location and quality differential of−$0.08/bbl; and that the lessee's actual cost of transporting the oil from Artesia to Roswell is $0.40/bbl. In this example, the royalty value of the oil is $86.21−$2.27−$0.08−$0.40 = $83.46/bbl.
</P>
<P>(2) <I>Example 2.</I> Assume the same facts as in the example in paragraph (d)(1) of this section, except that the lessee transports and exchanges to Midland 40 percent of the production from the lease near Artesia and transports the remaining 60 percent directly to its own refinery in Ohio. In this example, the 40 percent of the production would be valued at $83.46/bbl, as explained in the previous example. In this example, the other 60 percent also would be valued at $83.46/bbl.
</P>
<P>(3) <I>Example 3.</I> Assume that a Federal lessee produces crude oil from a lease near Bakersfield, California. Further, assume that the lessee transports the oil to Hynes Station and then exchanges the oil to Cushing, which it further exchanges with oil that it refines. Assume that the ANS spot price is $105.65/bbl and that the lessee's actual cost of transporting the oil from Bakersfield to Hynes Station is $0.28/bbl. The lessee must request approval from ONRR for a location and quality adjustment between Hynes Station and Long Beach. For example, the lessee likely would propose using the tariff on Line 63 from Hynes Station to Long Beach as the adjustment between those points. Assume that adjustment to be $0.72, including the sulfur and gravity bank adjustments, and that ONRR approves the lessee's request. In this example, the preliminary (because the location and quality adjustment is subject to ONRR's review) royalty value of the oil is $105.65 −$0.72 −$0.28 = $104.65/bbl. The fact that oil was exchanged to Cushing does not change the use of ANS spot prices for royalty valuation.




</P>
</DIV8>


<DIV8 N="§ 1206.114" NODE="30:3.0.2.19.6.3.3.15" TYPE="SECTION">
<HEAD>§ 1206.114   How will ONRR identify market centers?</HEAD>
<P>ONRR will monitor market activity and, if necessary, add to or modify the list of market centers that we publish to <I>www.onrr.gov</I>. ONRR will consider the following factors and conditions in specifying market centers:
</P>
<FP-1>(a) Points where ONRR-approved publications publish prices useful for index purposes
</FP-1>
<FP-1>(b) Markets served
</FP-1>
<FP-1>(c) Input from industry and others knowledgeable in crude oil marketing and transportation
</FP-1>
<FP-1>(d) Simplification
</FP-1>
<FP-1>(e) Other relevant matters




</FP-1>
</DIV8>


<DIV8 N="§ 1206.115" NODE="30:3.0.2.19.6.3.3.16" TYPE="SECTION">
<HEAD>§ 1206.115   What are my reporting requirements under an arm's-length transportation contract?</HEAD>
<P>(a) You must use a separate entry on form ONRR-2014 to notify ONRR of an allowance based on transportation costs that you or your affiliate incur(s).
</P>
<P>(b) ONRR may require you or your affiliate to submit arm's-length transportation contracts, production agreements, operating agreements, and related documents.
</P>
<P>(c) You can find recordkeeping requirements in parts 1207 and 1212 of this chapter.




</P>
</DIV8>


<DIV8 N="§ 1206.116" NODE="30:3.0.2.19.6.3.3.17" TYPE="SECTION">
<HEAD>§ 1206.116   What are my reporting requirements under a non-arm's-length transportation contract?</HEAD>
<P>(a) You must use a separate entry on form ONRR-2014 to notify ONRR of an allowance based on transportation costs that you or your affiliate incur(s).
</P>
<P>(b)(1) For new non-arm's-length transportation facilities or arrangements, you must base your initial deduction on estimates of allowable transportation costs for the applicable period.
</P>
<P>(2) You must use your or your affiliate's most recently available operations data for the transportation system as your estimate, if available. If such data is not available, you must use estimates based on data for similar transportation systems.
</P>
<P>(3) Section 1206.118 applies when you amend your report based on the actual costs.
</P>
<P>(c) ONRR may require you or your affiliate to submit all data used to calculate the allowance deduction. You may find recordkeeping requirements in parts 1207 and 1212 of this chapter.
</P>
<P>(d) If you are authorized under § 1206.112(j) to use an exception to the requirement to calculate your actual transportation costs, you must follow the reporting requirements of § 1206.115.




</P>
</DIV8>


<DIV8 N="§ 1206.117" NODE="30:3.0.2.19.6.3.3.18" TYPE="SECTION">
<HEAD>§ 1206.117   What interest and penalties apply if I improperly report a transportation allowance?</HEAD>
<P>(a) If you deduct a transportation allowance on form ONRR-2014 that exceeds 50 percent of the value of the oil transported, you must pay additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter, on the excess allowance amount taken from the date when that amount is taken to the date when you pay the additional royalties due.
</P>
<P>(b) If you improperly net a transportation allowance against the oil instead of reporting the allowance as a separate entry on form ONRR-2014, ONRR may assess a civil penalty under 30 CFR part 1241.




</P>
</DIV8>


<DIV8 N="§ 1206.118" NODE="30:3.0.2.19.6.3.3.19" TYPE="SECTION">
<HEAD>§ 1206.118   What reporting adjustments must I make for transportation allowances?</HEAD>
<P>(a) If your actual transportation allowance is less than the amount that you claimed on form ONRR-2014 for each month during the allowance reporting period, you must pay additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter from the date when you took the deduction to the date when you repay the difference.
</P>
<P>(b) If the actual transportation allowance is greater than the amount that you claimed on form ONRR-2014 for any month during the period reported on the allowance form, you are entitled to a credit plus interest.




</P>
</DIV8>


<DIV8 N="§ 1206.119" NODE="30:3.0.2.19.6.3.3.20" TYPE="SECTION">
<HEAD>§ 1206.119   How do I determine royalty quantity and quality?</HEAD>
<P>(a) You must calculate royalties based on the quantity and quality of oil as measured at the point of royalty settlement that BLM or BSEE approves for onshore leases and OCS leases, respectively.
</P>
<P>(b) If you base the value of oil determined under this subpart on a quantity and/or quality that is different from the quantity and/or quality at the point of royalty settlement that BLM or BSEE approves, you must adjust that value for the differences in quantity and/or quality.
</P>
<P>(c) You may not make any deductions from the royalty volume or royalty value for actual or theoretical losses. Any actual loss that you sustain before the royalty settlement metering or measurement point is not subject to royalty if BLM or BSEE, whichever is appropriate, determines that such loss was unavoidable.
</P>
<P>(d) You must pay royalties on 100 percent of the volume measured at the approved point of royalty settlement. You may not claim a reduction in that measured volume for actual losses beyond the approved point of royalty settlement or for theoretical losses that you claim to have taken place either before or after the approved point of royalty settlement.




</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.6.4" TYPE="SUBPART">
<HEAD>Subpart D—Federal Gas</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>85 FR 62030, Oct. 1, 2020, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1206.140" NODE="30:3.0.2.19.6.4.3.1" TYPE="SECTION">
<HEAD>§ 1206.140   What is the purpose and scope of this subpart?</HEAD>
<P>(a) This subpart applies to all gas produced from Federal oil and gas leases onshore and on the Outer Continental Shelf (OCS). It explains how you, as a lessee, must calculate the value of production for royalty purposes consistent with mineral leasing laws, other applicable laws, and lease terms.
</P>
<P>(b) The terms “you” and “your” in this subpart refer to the lessee.
</P>
<P>(c) If the regulations in this subpart are inconsistent with a(an): Federal statute; settlement agreement between the United States and a lessee resulting from administrative or judicial litigation; written agreement between the lessee and ONRR's Director establishing a method to determine the value of production from any lease that ONRR expects would at least approximate the value established under this subpart; express provision of an oil and gas lease subject to this subpart, then the statute, settlement agreement, written agreement, or lease provision will govern to the extent of the inconsistency.
</P>
<P>(d) ONRR may audit and order you to adjust all royalty payments.




</P>
</DIV8>


<DIV8 N="§ 1206.141" NODE="30:3.0.2.19.6.4.3.2" TYPE="SECTION">
<HEAD>§ 1206.141   How do I calculate royalty value for unprocessed gas that I or my affiliate sell(s) under an arm's-length or non-arm's-length contract?</HEAD>
<P>(a) This section applies to unprocessed gas. Unprocessed gas is:
</P>
<P>(1) Gas that is not processed;
</P>
<P>(2) Any gas that you are not required to value under § 1206.142 or that ONRR does not value under § 1206.144; or
</P>
<P>(3) Any gas that you sell prior to processing based on a price per MMBtu or Mcf when the price is not based on the residue gas and gas plant products.
</P>
<P>(b) The value of gas under this section for royalty purposes is the gross proceeds accruing to you or your affiliate under the first arm's-length contract less a transportation allowance determined under § 1206.152. This value does not apply if you exercise the option in paragraph (c) of this section or if ONRR decides to value your gas under § 1206.144. You must use this paragraph (b) to value gas when:
</P>
<P>(1) You sell under an arm's-length contract;
</P>
<P>(2) You sell or transfer unprocessed gas to your affiliate or another person under a non-arm's-length contract and that affiliate or person, or an affiliate of either of them, then sells the gas under an arm's-length contract, unless you exercise the option provided in paragraph (c) of this section;
</P>
<P>(3) You, your affiliate, or another person sell(s) unprocessed gas produced from a lease under multiple arm's-length contracts, and that gas is valued under this paragraph. Unless you exercise the option provided in paragraph (c) of this section, the value of the gas is the volume-weighted average of the values, established under this paragraph, for each contract for the sale of gas produced from that lease; or
</P>
<P>(4) You or your affiliate sell(s) under a pipeline cash-out program. In that case, for over-delivered volumes within the tolerance under a pipeline cash-out program, the value is the price that the pipeline must pay you or your affiliate under the transportation contract. You must use the same value for volumes that exceed the over-delivery tolerances, even if those volumes are subject to a lower price under the transportation contract.
</P>
<P>(c) If you do not sell under an arm's-length contract, you may elect to value your gas under this paragraph (c). You may not change your election more often than once every two years.
</P>
<P>(1)(i) If you can only transport gas to one index pricing point published in an ONRR-approved publication, available at <I>www.onrr.gov</I>, your value, for royalty purposes, is the highest reported monthly bidweek price for that index pricing point for the production month.
</P>
<P>(ii) If you can transport gas to more than one index pricing point published in an ONRR-approved publication available at <I>www.onrr.gov</I>, your value, for royalty purposes, is the highest reported monthly bidweek price for the index pricing points to which your gas could be transported for the production month, whether or not there are constraints for that production month.
</P>
<P>(iii) If there are sequential index pricing points on a pipeline, you must use the first index pricing point at or after your gas enters the pipeline.
</P>
<P>(iv) You must reduce the number calculated under paragraphs (c)(1)(i) and (c)(1)(ii) of this section by 5 percent for sales from the OCS Gulf of Mexico and by 10 percent for sales from all other areas, but not by less than 10 cents per MMBtu or more than 30 cents per MMBtu.
</P>
<P>(v) After you select an ONRR-approved publication available at <I>www.onrr.gov</I>, you may not select a different publication more often than once every two years.
</P>
<P>(vi) ONRR may exclude an individual index pricing point found in an ONRR-approved publication if ONRR determines that the index pricing point does not accurately reflect the values of production. ONRR will publish a list of excluded index pricing points available at <I>www.onrr.gov</I>.
</P>
<P>(2) You may not take any other deductions from the value calculated under this paragraph (c).
</P>
<P>(d) If some of your gas is used, lost, unaccounted for, or retained as a fee under the terms of a sales or service agreement, that gas will be valued for royalty purposes using the same royalty valuation method for valuing the rest of the gas that you do sell.
</P>
<P>(e) If you have no written contract for the sale of gas or no sale of gas subject to this section and:
</P>
<P>(1) There is an index pricing point for the gas, then you must value your gas under paragraph (c) of this section; or
</P>
<P>(2) There is not an index pricing point for the gas, then ONRR will decide the value under § 1206.144.
</P>
<P>(i) You must propose to ONRR a method to determine the value using the procedures in § 1206.148(a).
</P>
<P>(ii) You may use that method to determine value, for royalty purposes, until ONRR issues our decision.
</P>
<P>(iii) After ONRR issues our determination, you must make the adjustments under § 1206.143(a)(2).




</P>
</DIV8>


<DIV8 N="§ 1206.142" NODE="30:3.0.2.19.6.4.3.3" TYPE="SECTION">
<HEAD>§ 1206.142   How do I calculate royalty value for processed gas that I or my affiliate sell(s) under an arm's-length or non-arm's-length contract?</HEAD>
<P>(a) This section applies to the valuation of processed gas, including but not limited to:
</P>
<P>(1) Gas that you or your affiliate do not sell, or otherwise dispose of, under an arm's-length contract prior to processing.
</P>
<P>(2) Gas where your or your affiliate's arm's-length contract for the sale of gas prior to processing provides for payment to be determined on the basis of the value of any products resulting from processing, including residue gas or natural gas liquids.
</P>
<P>(3) Gas that you or your affiliate process under an arm's-length keepwhole contract.
</P>
<P>(4) Gas where your or your affiliate's arm's-length contract includes a reservation of the right to process the gas, and you or your affiliate exercise(s) that right.
</P>
<P>(b) The value of gas subject to this section, for royalty purposes, is the combined value of the residue gas and all gas plant products that you determine under this section plus the value of any condensate recovered downstream of the point of royalty settlement without resorting to processing that you determine under subpart C of this part less applicable transportation and processing allowances that you determine under this subpart, unless you exercise the option provided in paragraph (d) of this section.
</P>
<P>(c) The value of residue gas or any gas plant product under this section for royalty purposes is the gross proceeds accruing to you or your affiliate under the first arm's-length contract. This value does not apply if you exercise the option provided in paragraph (d) of this section, or if ONRR decides to value your residue gas or any gas plant product under § 1206.144. You must use this paragraph (c) to value residue gas or any gas plant product when:
</P>
<P>(1) You sell under an arm's-length contract;
</P>
<P>(2) You sell or transfer to your affiliate or another person under a non-arm's-length contract, and that affiliate or person, or another affiliate of either of them, then sells the residue gas or any gas plant product under an arm's-length contract, unless you exercise the option provided in paragraph (d) of this section;
</P>
<P>(3) You, your affiliate, or another person sell(s), under multiple arm's-length contracts, residue gas or any gas plant products recovered from gas produced from a lease that you value under this paragraph. In that case, unless you exercise the option provided in paragraph (d) of this section, because you sold non-arm's-length to your affiliate or another person, the value of the residue gas or any gas plant product is the volume-weighted average of the gross proceeds established under this paragraph for each arm's-length contract for the sale of residue gas or any gas plant products recovered from gas produced from that lease; or
</P>
<P>(4) You or your affiliate sell(s) under a pipeline cash-out program. In that case, for over-delivered volumes within the tolerance under a pipeline cash-out program, the value is the price that the pipeline must pay to you or your affiliate under the transportation contract. You must use the same value for volumes that exceed the over-delivery tolerances, even if those volumes are subject to a lower price under the transportation contract.
</P>
<P>(d) If you do not sell under an arm's-length contract, you may elect to value your residue gas and NGLs under this paragraph (d). You may not change your election more often than once every two years.
</P>
<P>(1)(i) If you can only transport residue gas to one index pricing point published in an ONRR-approved publication available at <I>www.onrr.gov</I>, your value, for royalty purposes, is the highest reported monthly bidweek price for that index pricing point for the production month.
</P>
<P>(ii) If you can transport residue gas to more than one index pricing point published in an ONRR-approved publication available at <I>www.onrr.gov</I>, your value, for royalty purposes, is the highest reported monthly bidweek price for the index pricing points to which your gas could be transported for the production month, whether or not there are constraints, for the production month.
</P>
<P>(iii) If there are sequential index pricing points on a pipeline, you must use the first index pricing point at or after your residue gas enters the pipeline.
</P>
<P>(iv) You must reduce the number calculated under paragraphs (d)(1)(i) and (ii) of this section by 5 percent for sales from the OCS Gulf of Mexico and by 10 percent for sales from all other areas, but not by less than 10 cents per MMBtu or more than 30 cents per MMBtu.
</P>
<P>(v) After you select an ONRR-approved publication available at <I>www.onrr.gov</I>, you may not select a different publication more often than once every two years.
</P>
<P>(vi) ONRR may exclude an individual index pricing point found in an ONRR-approved publication if ONRR determines that the index pricing point does not accurately reflect the values of production. ONRR will publish a list of excluded index pricing points on <I>www.onrr.gov</I>.
</P>
<P>(2)(i) If you sell NGLs in an area with one or more ONRR-approved commercial price bulletins available at <I>www.onrr.gov</I>, you must choose one bulletin, and your value, for royalty purposes, is the monthly average price for that bulletin for the production month.
</P>
<P>(ii) You must reduce the number calculated under paragraph (d)(2)(i) of this section by the amounts that ONRR posts at <I>www.onrr.gov</I> for the geographic location of your lease. The methodology that ONRR will use to calculate the amounts is set forth in the preamble to this regulation. This methodology is binding on you and ONRR. ONRR will update the amounts periodically using this methodology.
</P>
<P>(iii) After you select an ONRR-approved commercial price bulletin available at <I>www.onrr.gov</I>, you may not select a different commercial price bulletin more often than once every two years.
</P>
<P>(3) You may not take any other deductions from the value calculated under this paragraph (d).
</P>
<P>(4) ONRR will post changes to any of the rates in this paragraph (d) on its website.
</P>
<P>(e) If some of your gas or gas plant products are used, lost, unaccounted for, or retained as a fee under the terms of a sales or service agreement, that gas will be valued for royalty purposes using the same royalty valuation method for valuing the rest of the gas or gas plant products that you do sell.
</P>
<P>(f) If you have no written contract for the sale of gas or no sale of gas subject to this section and:
</P>
<P>(1) There is an index pricing point or commercial price bulletin for the gas, then you must value your gas under paragraph (d) of this section.
</P>
<P>(2) There is not an index pricing point or commercial price bulletin for the gas, then ONRR will determine the value under § 1206.144.
</P>
<P>(i) You must propose to ONRR a method to determine the value using the procedures in § 1206.148(a).
</P>
<P>(ii) You may use that method to determine value, for royalty purposes, until ONRR issues our decision.
</P>
<P>(iii) After ONRR issues our determination, you must make the adjustments under § 1206.143(a)(2).




</P>
</DIV8>


<DIV8 N="§ 1206.143" NODE="30:3.0.2.19.6.4.3.4" TYPE="SECTION">
<HEAD>§ 1206.143   How will ONRR determine if my royalty payments are correct?</HEAD>
<P>(a)(1) ONRR may monitor, review, and audit the royalties that you report. If ONRR determines that your reported value is inconsistent with the requirements of this subpart, ONRR will direct you to use a different measure of royalty value or decide your value under § 1206.144.
</P>
<P>(2) If ONRR directs you to use a different royalty value, you must either pay any additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter, or report a credit for, or request a refund of, any overpaid royalties.
</P>
<P>(b) When the provisions in this subpart refer to gross proceeds, in conducting reviews and audits, ONRR will examine if your or your affiliate's contract reflects the total consideration actually transferred, either directly or indirectly, from the buyer to you or your affiliate for the gas, residue gas, or gas plant products. If ONRR determines that a contract does not reflect the total consideration, ONRR may decide your value under § 1206.144.
</P>
<P>(c) ONRR may decide your value under § 1206.144 if ONRR determines that the gross proceeds accruing to you or your affiliate under a contract do not reflect reasonable consideration because:
</P>
<P>(1) There is misconduct by or between the contracting parties;
</P>
<P>(2) You have breached your duty to market the gas, residue gas, or gas plant products for the mutual benefit of yourself and the lessor by selling your gas, residue gas, or gas plant products at a value that is unreasonably low. ONRR may consider a sales price unreasonably low if it is 10 percent less than the lowest reasonable measures of market price, including, but not limited to, index prices and prices reported to ONRR for like-quality gas, residue gas, or gas plant products; or
</P>
<P>(3) ONRR cannot determine if you properly valued your gas, residue gas, or gas plant products under § 1206.141 or § 1206.142 for any reason, including, but not limited to, your or your affiliate's failure to provide documents that ONRR requests under 30 CFR part 1212, subpart B.
</P>
<P>(d) You have the burden of demonstrating that your or your affiliate's contract is arm's-length.
</P>
<P>(e) ONRR may require you to certify that the provisions in your or your affiliate's contract include(s) all of the consideration that the buyer paid to you or your affiliate, either directly or indirectly, for the gas, residue gas, or gas plant products.
</P>
<P>(f)(1) Absent contract revision or amendment, if you or your affiliate fail(s) to take proper or timely action to receive prices or benefits to which you or your affiliate are entitled, you must pay royalty based upon that obtainable price or benefit.
</P>
<P>(2) If you or your affiliate make timely application for a price increase or benefit allowed under your or your affiliate's contract, but the purchaser refuses, and you or your affiliate take reasonable, documented measures to force purchaser compliance, you will not owe additional royalties unless or until you or your affiliate receive additional monies or consideration resulting from the price increase. You may not construe this paragraph to permit you to avoid your royalty payment obligation in situations where a purchaser fails to pay, in whole or in part, or in a timely manner, for a quantity of gas, residue gas, or gas plant products.
</P>
<P>(g)(1) You or your affiliate must make all contracts, contract revisions, or amendments in writing, and all parties to the contract must sign the contract, contract revisions, or amendments.
</P>
<P>(2) If you or your affiliate fail(s) to comply with paragraph (g)(1) of this section, ONRR may decide your value under § 1206.144.
</P>
<P>(3) This provision applies notwithstanding any other provisions in this title 30 to the contrary.




</P>
</DIV8>


<DIV8 N="§ 1206.144" NODE="30:3.0.2.19.6.4.3.5" TYPE="SECTION">
<HEAD>§ 1206.144   How will ONRR determine the value of my gas for royalty purposes?</HEAD>
<P>If ONRR decides to value your gas, residue gas, or gas plant products for royalty purposes under § 1206.143, or any other provision in this subpart, then ONRR will determine the value, for royalty purposes, by considering any information that we deem relevant, which may include, but is not limited to:
</P>
<P>(a) The value of like-quality gas in the same field or nearby fields or areas.
</P>
<P>(b) The value of like-quality residue gas or gas plant products from the same plant or area.
</P>
<P>(c) Public sources of price or market information that ONRR deems to be reliable.
</P>
<P>(d) Information available or reported to ONRR, including, but not limited to, on form ONRR-2014 and form ONRR-4054.
</P>
<P>(e) Costs of transportation or processing if ONRR determines that they are applicable.
</P>
<P>(f) Any information that ONRR deems relevant regarding the particular lease operation or the salability of the gas.




</P>
</DIV8>


<DIV8 N="§ 1206.145" NODE="30:3.0.2.19.6.4.3.6" TYPE="SECTION">
<HEAD>§ 1206.145   What records must I keep in order to support my calculations of royalty under this subpart?</HEAD>
<P>If you value your gas under this subpart, you must retain all data relevant to the determination of the royalty that you paid. You can find recordkeeping requirements in parts 1207 and 1212 of this chapter.
</P>
<P>(a) You must show:
</P>
<P>(1) How you calculated the royalty value, including all allowable deductions; and
</P>
<P>(2) How you complied with this subpart.
</P>
<P>(b) Upon request, you must submit all data to ONRR. You must comply with any such requirement within the time that ONRR specifies.




</P>
</DIV8>


<DIV8 N="§ 1206.146" NODE="30:3.0.2.19.6.4.3.7" TYPE="SECTION">
<HEAD>§ 1206.146   What are my responsibilities to place production into marketable condition and to market production?</HEAD>
<P>(a) You must place gas, residue gas, and gas plant products in marketable condition and market the gas, residue gas, and gas plant products for the mutual benefit of the lessee and the lessor at no cost to the Federal government.
</P>
<P>(b) If you use gross proceeds under an arm's-length contract to determine royalty, you must increase those gross proceeds to the extent that the purchaser, or any other person, provides certain services that you normally are responsible to perform in order to place the gas, residue gas, and gas plant products in marketable condition or to market the gas.




</P>
</DIV8>


<DIV8 N="§ 1206.147" NODE="30:3.0.2.19.6.4.3.8" TYPE="SECTION">
<HEAD>§ 1206.147   When is an ONRR audit, review, reconciliation, monitoring, or other like process considered final?</HEAD>
<P>Notwithstanding any provision in these regulations to the contrary, ONRR does not consider any audit, review, reconciliation, monitoring, or other like process that results in ONRR re-determining royalty due, under this subpart, final or binding as against the Federal government or its beneficiaries unless ONRR chooses to, in writing, formally close the audit period.




</P>
</DIV8>


<DIV8 N="§ 1206.148" NODE="30:3.0.2.19.6.4.3.9" TYPE="SECTION">
<HEAD>§ 1206.148   How do I request a valuation determination?</HEAD>
<P>(a) You may request a valuation determination from ONRR regarding any gas produced. Your request must:
</P>
<P>(1) Be in writing;
</P>
<P>(2) Identify specifically all leases involved, all interest owners of those leases, the designee(s), and the operator(s) for those leases;
</P>
<P>(3) Completely explain all relevant facts. You must inform ONRR of any changes to relevant facts that occur before we respond to your request;
</P>
<P>(4) Include copies of all relevant documents;
</P>
<P>(5) Provide your analysis of the issue(s), including citations to all relevant precedents (including adverse precedents); and
</P>
<P>(6) Suggest your proposed valuation method.
</P>
<P>(b) In response to your request, ONRR may:
</P>
<P>(1) Request that the Assistant Secretary for Policy, Management and Budget issue a determination;
</P>
<P>(2) Decide that ONRR will issue guidance; or
</P>
<P>(3) Inform you in writing that ONRR will not provide a determination or guidance. Situations in which ONRR typically will not provide any determination or guidance include, but are not limited to:
</P>
<P>(i) Requests for guidance on hypothetical situations; or
</P>
<P>(ii) Matters that are the subject of pending litigation or administrative appeals.
</P>
<P>(c)(1) A determination that the Assistant Secretary for Policy, Management and Budget signs is binding on both you and ONRR until the Assistant Secretary modifies or rescinds it.
</P>
<P>(2) After the Assistant Secretary issues a determination, you must make any adjustments to royalty payments that follow from the determination, and, if you owe additional royalties, you must pay the additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter.
</P>
<P>(3) A determination that the Assistant Secretary signs is the final action of the Department and is subject to judicial review under 5 U.S.C. 701-706.
</P>
<P>(d) Guidance that ONRR issues is not binding on ONRR, delegated States, or you with respect to the specific situation addressed in the guidance.
</P>
<P>(1) Guidance and ONRR's decision whether or not to issue guidance or to request an Assistant Secretary determination, or neither, under paragraph (b) of this section, are not appealable decisions or orders under part 1290 of this title.
</P>
<P>(2) If you receive an order requiring you to pay royalty on the same basis as the guidance, you may appeal that order under part 1290 of this title.
</P>
<P>(e) ONRR or the Assistant Secretary may use any of the applicable criteria in this subpart to provide guidance or to make a determination.
</P>
<P>(f) A change in an applicable statute or regulation on which ONRR based any guidance, or the Assistant Secretary based any determination, takes precedence over the determination or guidance after the effective date of the statute or regulation, regardless of whether ONRR or the Assistant Secretary modifies or rescinds the guidance or determination.
</P>
<P>(g) ONRR may make requests and replies under this section available to the public, subject to the confidentiality requirements under § 1206.149.




</P>
</DIV8>


<DIV8 N="§ 1206.149" NODE="30:3.0.2.19.6.4.3.10" TYPE="SECTION">
<HEAD>§ 1206.149   Does ONRR protect information that I provide?</HEAD>
<P>(a) Certain information that you or your affiliate submit(s) to ONRR regarding royalties on gas, including deductions and allowances, may be exempt from disclosure.
</P>
<P>(b) To the extent that applicable laws and regulations permit, ONRR will keep confidential any data that you or your affiliate submit(s) that is privileged, confidential, or otherwise exempt from disclosure.
</P>
<P>(c) You and others must submit all requests for information under the Freedom of Information Act regulations of the Department of the Interior at 43 CFR part 2.




</P>
</DIV8>


<DIV8 N="§ 1206.150" NODE="30:3.0.2.19.6.4.3.11" TYPE="SECTION">
<HEAD>§ 1206.150   How do I determine royalty quantity and quality?</HEAD>
<P>(a)(1) You must calculate royalties based on the quantity and quality of unprocessed gas as measured at the point of royalty settlement that BLM or BSEE approves for onshore leases and OCS leases, respectively.
</P>
<P>(2) If you base the value of gas determined under this subpart on a quantity and/or quality that is different from the quantity and/or quality at the point of royalty settlement that BLM or BSEE approves, you must adjust that value for the differences in quantity and/or quality.
</P>
<P>(b)(1) For residue gas and gas plant products, the quantity basis for computing royalties due is the monthly net output of the plant, even though residue gas and/or gas plant products may be in temporary storage.
</P>
<P>(2) If you value residue gas and/or gas plant products determined under this subpart on a quantity and/or quality of residue gas and/or gas plant products that is different from that which is attributable to a lease determined under paragraph (c) of this section, you must adjust that value for the differences in quantity and/or quality.
</P>
<P>(c) You must determine the quantity of the residue gas and gas plant products attributable to a lease based on the following procedure:
</P>
<P>(1) When you derive the net output of the processing plant from gas obtained from only one lease, you must base the quantity of the residue gas and gas plant products for royalty computation on the net output of the plant.
</P>
<P>(2) When you derive the net output of a processing plant from gas obtained from more than one lease producing gas of uniform content, you must base the quantity of the residue gas and gas plant products allocable to each lease on the same proportions as the ratios obtained by dividing the amount of gas delivered to the plant from each lease by the total amount of gas delivered from all leases.
</P>
<P>(3) When the net output of a processing plant is derived from gas obtained from more than one lease producing gas of non-uniform content:
</P>
<P>(i) You must determine the quantity of the residue gas allocable to each lease by multiplying the amount of gas delivered to the plant from the lease by the residue gas content of the gas, and dividing that arithmetical product by the sum of the similar arithmetical products separately obtained for all leases from which gas is delivered to the plant, and then multiplying the net output of the residue gas by the arithmetic quotient obtained.
</P>
<P>(ii) You must determine the net output of gas plant products allocable to each lease by multiplying the amount of gas delivered to the plant from the lease by the gas plant product content of the gas, dividing that arithmetical product by the sum of the similar arithmetical products separately obtained for all leases from which gas is delivered to the plant, and then multiplying the net output of each gas plant product by the arithmetic quotient obtained.
</P>
<P>(4) You may request prior ONRR approval of other methods for determining the quantity of residue gas and gas plant products allocable to each lease. If approved, you must apply that method to all gas production from Federal leases that is processed in the same plant. You must do so beginning with the production month following the month when ONRR received your request to use another method.
</P>
<P>(d)(1) You may not make any deductions from the royalty volume or royalty value for actual or theoretical losses. Any actual loss of unprocessed gas that you sustain before the royalty settlement meter or measurement point is not subject to royalty if BLM or BSEE, whichever is appropriate, determines that such loss was unavoidable.
</P>
<P>(2) Except as provided in paragraph (d)(1) of this section and § 1202.151(c), you must pay royalties due on 100 percent of the volume determined under paragraphs (a) through (c) of this section. You may not reduce that determined volume for actual losses after you have determined the quantity basis, or for theoretical losses that you claim to have taken place. Royalties are due on 100 percent of the value of the unprocessed gas, residue gas, and/or gas plant products, as provided in this subpart, less applicable allowances. You may not take any deduction from the value of the unprocessed gas, residue gas, and/or gas plant products to compensate for actual losses after you have determined the quantity basis or for theoretical losses that you claim to have taken place.


</P>
</DIV8>


<DIV8 N="§ 1206.151" NODE="30:3.0.2.19.6.4.3.12" TYPE="SECTION">
<HEAD>§ 1206.151   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 1206.152" NODE="30:3.0.2.19.6.4.3.13" TYPE="SECTION">
<HEAD>§ 1206.152   What general transportation allowance requirements apply to me?</HEAD>
<P>(a) ONRR will allow a deduction for the reasonable, actual costs to transport residue gas, gas plant products, or unprocessed gas from the lease to the point off of the lease under § 1206.153 or § 1206.154, as applicable. You may not deduct transportation costs that you incur when moving a particular volume of production to reduce royalties that you owe on production for which you did not incur those costs. This paragraph applies when:
</P>
<P>(1) You value unprocessed gas under § 1206.141(b) or residue gas and gas plant products under § 1206.142(b) based on a sale at a point off of the lease, unit, or communitized area where the residue gas, gas plant products, or unprocessed gas is produced; and
</P>
<P>(2)(i) The movement to the sales point is not gathering.
</P>
<P>(ii) For gas produced on the OCS, the movement of gas from the wellhead to the first platform is not transportation.
</P>
<P>(b) You must calculate the deduction for transportation costs based on your or your affiliate's cost of transporting each product through each individual transportation system. If your or your affiliate's transportation contract includes more than one product in a gaseous phase, you must allocate costs consistently and equitably to each of the products transported. Your allocation must use the same proportion as the ratio of the volume of each product (excluding waste products with no value) to the volume of all products in the gaseous phase (excluding waste products with no value).
</P>
<P>(1) You may not take an allowance for transporting lease production that is not royalty-bearing.
</P>
<P>(2) You may propose to ONRR a prospective cost allocation method based on the values of the products transported. ONRR will approve the method if it is consistent with the purposes of the regulations in this subpart.
</P>
<P>(3) You may use your proposed procedure to calculate a transportation allowance beginning with the production month following the month when ONRR received your proposed procedure until ONRR accepts or rejects your cost allocation. If ONRR rejects your cost allocation, you must amend your form ONRR-2014 for the months when you used the rejected method and pay any additional royalty due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter.
</P>
<P>(c)(1) Where you or your affiliate transport(s) both gaseous and liquid products through the same transportation system, you must propose a cost allocation procedure to ONRR.
</P>
<P>(2) You may use your proposed procedure to calculate a transportation allowance until ONRR accepts or rejects your cost allocation. If ONRR rejects your cost allocation, you must amend your form ONRR-2014 for the months when you used the rejected method and pay any additional royalty due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter.
</P>
<P>(3) You must submit your initial proposal, including all available data, within three months after you first claim the allocated deductions on form ONRR-2014.
</P>
<P>(d) If you value unprocessed gas under § 1206.141(c) or residue gas and gas plant products under § 1206.142 (d), you may not take a transportation allowance.
</P>
<P>(e)(1) Your transportation allowance may not exceed 50 percent of the value of the residue gas, gas plant products, or unprocessed gas as determined under § 1206.141 or § 1206.142 of this subpart.
</P>
<P>(2) If ONRR approved your request to take a transportation allowance in excess of the 50-percent limitation under former § 1206.156(c)(3), that approval is terminated as of January 1, 2017.
</P>
<P>(f) You must express transportation allowances for residue gas, gas plant products, or unprocessed gas as a dollar-value equivalent. If your or your affiliate's payments for transportation under a contract are not on a dollar-per-unit basis, you must convert whatever consideration that you or your affiliate are/is paid to a dollar-value equivalent.
</P>
<P>(g) ONRR may determine your transportation allowance under § 1206.144 because:
</P>
<P>(1) There is misconduct by or between the contracting parties;
</P>
<P>(2) ONRR determines that the consideration that you or your affiliate paid under an arm's-length transportation contract does not reflect the reasonable cost of the transportation because you breached your duty to market the gas, residue gas, or gas plant products for the mutual benefit of yourself and the lessor by transporting your gas, residue gas, or gas plant products at a cost that is unreasonably high. We may consider a transportation allowance unreasonably high if it is 10 percent higher than the highest reasonable measures of transportation costs, including, but not limited to, transportation allowances reported to ONRR and tariffs for gas, residue gas, or gas plant products transported through the same system; or
</P>
<P>(3) ONRR cannot determine if you properly calculated a transportation allowance under § 1206.153 or § 1206.154 for any reason, including, but not limited to, your or your affiliate's failure to provide documents that ONRR requests under 30 CFR part 1212, subpart B.
</P>
<P>(h) You do not need ONRR's approval before reporting a transportation allowance.




</P>
</DIV8>


<DIV8 N="§ 1206.153" NODE="30:3.0.2.19.6.4.3.14" TYPE="SECTION">
<HEAD>§ 1206.153   How do I determine a transportation allowance if I have an arm's-length transportation contract?</HEAD>
<P>(a)(1) If you or your affiliate incur transportation costs under an arm's-length transportation contract, you may claim a transportation allowance for the reasonable, actual costs incurred, as more fully explained in paragraph (b) of this section, except as provided in § 1206.152(g) and subject to the limitation in § 1206.152(e).
</P>
<P>(2) You must be able to demonstrate that your or your affiliate's contract is arm's-length.
</P>
<P>(b) Subject to the requirements of paragraph (c) of this section, you may include, but are not limited to, the following costs to determine your transportation allowance under paragraph (a) of this section; you may not use any cost as a deduction that duplicates all or part of any other cost that you use under this section:
</P>
<P>(1) <I>Firm demand charges paid to pipelines.</I> You may deduct firm demand charges or capacity reservation fees that you or your affiliate paid to a pipeline, including charges or fees for unused firm capacity that you or your affiliate have not sold before you report your allowance. If you or your affiliate receive(s) a payment from any party for release or sale of firm capacity after reporting a transportation allowance that included the cost of that unused firm capacity, or if you or your affiliate receive(s) a payment or credit from the pipeline for penalty refunds, rate case refunds, or other reasons, you must reduce the firm demand charge claimed on form ONRR-2014 by the amount of that payment. You must modify form ONRR-2014 by the amount received or credited for the affected reporting period and pay any resulting royalty due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter.
</P>
<P>(2) <I>Gas Supply Realignment (GSR) costs.</I> The GSR costs result from a pipeline reforming or terminating supply contracts with producers in order to implement the restructuring requirements of FERC Orders in 18 CFR part 284.
</P>
<P>(3) <I>Commodity charges.</I> The commodity charge allows the pipeline to recover the costs of providing service.
</P>
<P>(4) <I>Wheeling costs.</I> Hub operators charge a wheeling cost for transporting gas from one pipeline to either the same or another pipeline through a market center or hub. A hub is a connected manifold of pipelines through which a series of incoming pipelines are interconnected to a series of outgoing pipelines.
</P>
<P>(5) <I>Gas Research Institute (GRI) fees.</I> The GRI conducts research, development, and commercialization programs on natural gas-related topics for the benefit of the U.S. gas industry and gas customers. GRI fees are allowable, provided that such fees are mandatory in FERC-approved tariffs.
</P>
<P>(6) <I>Annual Charge Adjustment (ACA) fees.</I> FERC charges these fees to pipelines to pay for its operating expenses.
</P>
<P>(7) <I>Payments (either volumetric or in value) for actual or theoretical losses.</I> Theoretical losses are not deductible in transportation arrangements unless the transportation allowance is based on arm's-length transportation rates charged under a FERC or State regulatory-approved tariff. If you or your affiliate receive(s) volumes or credit for line gain, you must reduce your transportation allowance accordingly and pay any resulting royalties plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter;
</P>
<P>(8) <I>Temporary storage services.</I> This includes short-duration storage services that market centers or hubs (commonly referred to as “parking” or “banking”) offer or other temporary storage services that pipeline transporters provide, whether actual or provided as a matter of accounting. Temporary storage is limited to 30 days or fewer.
</P>
<P>(9) <I>Supplemental costs for compression, dehydration, and treatment of gas.</I> ONRR allows these costs only if such services are required for transportation and exceed the services necessary to place production into marketable condition required under § 1206.146 of this part.
</P>
<P>(10) <I>Costs of surety.</I> You may deduct the costs of securing a letter of credit, or other surety, that the pipeline requires you or your affiliate, as a shipper, to maintain under a transportation contract.
</P>
<P>(11) <I>Hurricane surcharges.</I> You may deduct hurricane surcharges that you or your affiliate actually pay(s).
</P>
<P>(c) You may not include the following costs to determine your transportation allowance under paragraph (a) of this section:
</P>
<P>(1) <I>Fees or costs incurred for storage.</I> This includes storing production in a storage facility, whether on or off of the lease, for more than 30 days.
</P>
<P>(2) <I>Aggregator/marketer fees.</I> This includes fees that you or your affiliate pay(s) to another person (including your affiliates) to market your gas, including purchasing and reselling the gas or finding or maintaining a market for the gas production.
</P>
<P>(3) <I>Penalties that you or your affiliate incur(s) as a shipper.</I> These penalties include, but are not limited to:
</P>
<P>(i) <I>Over-delivery cash-out penalties.</I> This includes the difference between the price that the pipeline pays to you or your affiliate for over-delivered volumes outside of the tolerances and the price that you or your affiliate receive(s) for over-delivered volumes within the tolerances.
</P>
<P>(ii) <I>Scheduling penalties.</I> This includes penalties that you or your affiliate incur(s) for differences between daily volumes delivered into the pipeline and volumes scheduled or nominated at a receipt or delivery point.
</P>
<P>(iii) <I>Imbalance penalties.</I> This includes penalties that you or your affiliate incur(s) (generally on a monthly basis) for differences between volumes delivered into the pipeline and volumes scheduled or nominated at a receipt or delivery point.
</P>
<P>(iv) <I>Operational penalties.</I> This includes fees that you or your affiliate incur(s) for violation of the pipeline's curtailment or operational orders issued to protect the operational integrity of the pipeline.
</P>
<P>(4) <I>Intra-hub transfer fees.</I> These are fees that you or your affiliate pay(s) to hub operators for administrative services (such as title transfer tracking) necessary to account for the sale of gas within a hub.
</P>
<P>(5) <I>Fees paid to brokers.</I> This includes fees that you or your affiliate pay(s) to parties who arrange marketing or transportation, if such fees are separately identified from aggregator/marketer fees.
</P>
<P>(6) <I>Fees paid to scheduling service providers.</I> This includes fees that you or your affiliate pay(s) to parties who provide scheduling services, if such fees are separately identified from aggregator/marketer fees.
</P>
<P>(7) <I>Internal costs.</I> This includes salaries and related costs, rent/space costs, office equipment costs, legal fees, and other costs to schedule, nominate, and account for the sale or movement of production.
</P>
<P>(8) <I>Other non-allowable costs.</I> Any cost you or your affiliate incur(s) for services that you are required to provide at no cost to the lessor, including, but not limited to, costs to place your gas, residue gas, or gas plant products into marketable condition disallowed under § 1206.146 and costs of boosting residue gas disallowed under § 1202.151(b).
</P>
<P>(d) If you have no written contract for the transportation of gas, then ONRR will determine your transportation allowance under § 1206.144. You may not use this paragraph (d) if you or your affiliate perform(s) your own transportation.
</P>
<P>(1) You must propose to ONRR a method to determine the allowance using the procedures in § 1206.148(a).
</P>
<P>(2) You may use that method to determine your allowance until ONRR issues its determination.




</P>
</DIV8>


<DIV8 N="§ 1206.154" NODE="30:3.0.2.19.6.4.3.15" TYPE="SECTION">
<HEAD>§ 1206.154   How do I determine a transportation allowance if I have a non-arm's-length transportation contract?</HEAD>
<P>(a) This section applies if you or your affiliate do(es) not have an arm's-length transportation contract, including situations where you or your affiliate provide your own transportation services. You must calculate your transportation allowance based on your or your affiliate's reasonable, actual costs for transportation during the reporting period using the procedures prescribed in this section.
</P>
<P>(b) Your or your affiliate's actual costs may include:
</P>
<P>(1) Capital costs and operating and maintenance expenses under paragraphs (e), (f), and (g) of this section.
</P>
<P>(2) Overhead under paragraph (h) of this section.
</P>
<P>(3) Depreciation and a return on undepreciated capital investment under paragraph (i)(1) of this section, or you may elect to use a cost equal to a return on the initial depreciable capital investment in the transportation system under paragraph (i)(2) of this section. After you have elected to use either method for a transportation system, you may not later elect to change to the other alternative without ONRR's approval. If ONRR accepts your request to change methods, you may use your changed method beginning with the production month following the month when ONRR received your change request.
</P>
<P>(4) A return on the reasonable salvage value under paragraph (i)(1)(iii) of this section, after you have depreciated the transportation system to its reasonable salvage value.
</P>
<P>(c)(1) To the extent not included in costs identified in paragraphs (e) through (g) of this section, if you or your affiliate incur(s) the actual transportation costs listed under § 1206.153(b)(2), (5), and (6) of this subpart under your or your affiliate's non-arm's-length contract, you may include those costs in your calculations under this section. You may not include any of the other costs identified under § 1206.153(b).
</P>
<P>(2) You may not include in your calculations under this section any of the non-allowable costs listed under § 1206.153(c).
</P>
<P>(d) You may not use any cost as a deduction that duplicates all or part of any other cost that you use under this section.
</P>
<P>(e) Allowable capital investment costs are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) that are an integral part of the transportation system.
</P>
<P>(f) Allowable operating expenses include the following:
</P>
<FP-1>(1) Operations supervision and engineering
</FP-1>
<FP-1>(2) Operations labor
</FP-1>
<FP-1>(3) Fuel
</FP-1>
<FP-1>(4) Utilities
</FP-1>
<FP-1>(5) Materials
</FP-1>
<FP-1>(6) Ad valorem property taxes
</FP-1>
<FP-1>(7) Rent
</FP-1>
<FP-1>(8) Supplies
</FP-1>
<FP-1>(9) Any other directly allocable and attributable operating expense that you can document
</FP-1>
<P>(g) Allowable maintenance expenses include the following:
</P>
<FP-1>(i) Maintenance of the transportation system
</FP-1>
<FP-1>(ii) Maintenance of equipment
</FP-1>
<FP-1>(iii) Maintenance labor
</FP-1>
<FP-1>(iv) Other directly allocable and attributable maintenance expenses that you can document
</FP-1>
<P>(h) Overhead, directly attributable and allocable to the operation and maintenance of the transportation system, is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(i)(1) To calculate depreciation and a return on undepreciated capital investment, you may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves that the transportation system services, or you may elect to use a unit-of-production method. After you make an election, you may not change methods without ONRR's approval. If ONRR accepts your request to change methods, you may use your changed method beginning with the production month following the month when ONRR received your change request.
</P>
<P>(i) A change in ownership of a transportation system will not alter the depreciation schedule that the original transporter/lessee established for the purposes of the allowance calculation.
</P>
<P>(ii) You may depreciate a transportation system only once with or without a change in ownership.
</P>
<P>(iii)(A) To calculate the return on undepreciated capital investment, you may use an amount equal to the undepreciated capital investment in the transportation system multiplied by the rate of return that you determine under paragraph (i)(3) of this section.
</P>
<P>(B) After you have depreciated a transportation system to the reasonable salvage value, you may continue to include in the allowance calculation a cost equal to the reasonable salvage value multiplied by a rate of return under paragraph (i)(3) of this section.
</P>
<P>(2) As an alternative to using depreciation and a return on undepreciated capital investment, as provided under paragraph (b)(3) of this section, you may use as a cost an amount equal to the allowable initial capital investment in the transportation system multiplied by the rate of return determined under paragraph (i)(3) of this section. You may not include depreciation in your allowance.
</P>
<P>(3) The rate of return is the industrial rate associated with Standard &amp; Poor's BBB rating.
</P>
<P>(i) You must use the monthly average BBB rate that Standard &amp; Poor's publishes for the first month for which the allowance is applicable.
</P>
<P>(ii) You must re-determine the rate at the beginning of each subsequent calendar year.




</P>
</DIV8>


<DIV8 N="§ 1206.155" NODE="30:3.0.2.19.6.4.3.16" TYPE="SECTION">
<HEAD>§ 1206.155   What are my reporting requirements under an arm's-length transportation contract?</HEAD>
<P>(a) You must use a separate entry on form ONRR-2014 to notify ONRR of an allowance based on transportation costs that you or your affiliate incur(s).
</P>
<P>(b) ONRR may require you or your affiliate to submit arm's-length transportation contracts, production agreements, operating agreements, and related documents.
</P>
<P>(c) You can find recordkeeping requirements in parts 1207 and 1212 of this chapter.




</P>
</DIV8>


<DIV8 N="§ 1206.156" NODE="30:3.0.2.19.6.4.3.17" TYPE="SECTION">
<HEAD>§ 1206.156   What are my reporting requirements under a non-arm's-length transportation contract?</HEAD>
<P>(a) You must use a separate entry on form ONRR-2014 to notify ONRR of an allowance based on non-arm's-length transportation costs that you or your affiliate incur(s).
</P>
<P>(b)(1) For new non-arm's-length transportation facilities or arrangements, you must base your initial deduction on estimates of allowable transportation costs for the applicable period.
</P>
<P>(2) You must use your or your affiliate's most recently available operations data for the transportation system as your estimate. If such data is not available, you must use estimates based on data for similar transportation systems.
</P>
<P>(3) Section 1206.158 applies when you amend your report based on your actual costs.
</P>
<P>(c) ONRR may require you or your affiliate to submit all data used to calculate the allowance deduction. You can find recordkeeping requirements in parts 1207 and 1212 of this chapter.




</P>
</DIV8>


<DIV8 N="§ 1206.157" NODE="30:3.0.2.19.6.4.3.18" TYPE="SECTION">
<HEAD>§ 1206.157   What interest and penalties apply if I improperly report a transportation allowance?</HEAD>
<P>(a)(1) If ONRR determines that you took an unauthorized transportation allowance, then you must pay any additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter.
</P>
<P>(2) If you understated your transportation allowance, you may be entitled to a credit, with interest.
</P>
<P>(b) If you deduct a transportation allowance on form ONRR-2014 that exceeds 50 percent of the value of the gas, residue gas, or gas plant products transported, you must pay late payment interest on the excess allowance amount taken from the date when that amount is taken until the date when you pay the additional royalties due.
</P>
<P>(c) If you improperly net a transportation allowance against the sales value of the residue gas, gas plant products, or unprocessed gas instead of reporting the allowance as a separate entry on form ONRR-2014, ONRR may assess a civil penalty under 30 CFR part 1241.




</P>
</DIV8>


<DIV8 N="§ 1206.158" NODE="30:3.0.2.19.6.4.3.19" TYPE="SECTION">
<HEAD>§ 1206.158   What reporting adjustments must I make for transportation allowances?</HEAD>
<P>(a) If your actual transportation allowance is less than the amount that you claimed on form ONRR-2014 for each month during the allowance reporting period, you must pay additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter from the date when you took the deduction to the date when you repay the difference.
</P>
<P>(b) If the actual transportation allowance is greater than the amount that you claimed on form ONRR-2014 for any month during the period reported on the allowance form, you are entitled to a credit, plus interest.




</P>
</DIV8>


<DIV8 N="§ 1206.159" NODE="30:3.0.2.19.6.4.3.20" TYPE="SECTION">
<HEAD>§ 1206.159   What general processing allowances requirements apply to me?</HEAD>
<P>(a)(1) When you value any gas plant product under § 1206.142(c) of this subpart, you may deduct from the value the reasonable, actual costs of processing.
</P>
<P>(2) You do not need ONRR's approval before reporting a processing allowance.
</P>
<P>(b) You must allocate processing costs among the gas plant products. You must determine a separate processing allowance for each gas plant product and processing plant relationship. ONRR considers NGLs to be one product.
</P>
<P>(c)(1) You may not apply the processing allowance against the value of the residue gas.
</P>
<P>(2) The processing allowance deduction on the basis of an individual product may not exceed 66
<FR>2/3</FR> percent of the value of each gas plant product determined under § 1206.142(c). Before you calculate the 66
<FR>2/3</FR>-percent limit, you must first reduce the value for any transportation allowances related to post-processing transportation authorized under § 1206.152.
</P>
<P>(3) If ONRR approved your request to take a processing allowance in excess of the limitation in paragraph (c)(2) of this section under former § 1206.158(c)(3), that approval is terminated as of January 1, 2017.
</P>
<P>(4) If ONRR approved your request to take an extraordinary cost processing allowance under former § 1206.158(d), ONRR terminates that approval as of January 1, 2017.
</P>
<P>(d)(1) ONRR will not allow a processing cost deduction for the costs of placing lease products in marketable condition, including dehydration, separation, compression, or storage, even if those functions are performed off the lease or at a processing plant.
</P>
<P>(2) Where gas is processed for the removal of acid gases, commonly referred to as “sweetening,” ONRR will not allow processing cost deductions for such costs unless the acid gases removed are further processed into a gas plant product.
</P>
<P>(A) In such event, you are eligible for a processing allowance determined under this subpart.
</P>
<P>(B) ONRR will not grant any processing allowance for processing lease production that is not royalty bearing.
</P>
<P>(e) ONRR may determine your processing allowance under § 1206.144 because:
</P>
<P>(1) There is misconduct by or between the contracting parties;
</P>
<P>(2) ONRR determines that the consideration that you or your affiliate paid under an arm's-length processing contract does not reflect the reasonable cost of the processing because you breached your duty to market the gas, residue gas, or gas plant products for the mutual benefit of yourself and the lessor by processing your gas, residue gas, or gas plant products at a cost that is unreasonably high. We may consider a processing allowance unreasonably high if it is 10 percent higher than the highest reasonable measures of processing costs, including, but not limited to, processing allowances reported to ONRR; or
</P>
<P>(3) ONRR cannot determine if you properly calculated a processing allowance under § 1206.160 or § 1206.161 for any reason, including, but not limited to, your or your affiliate's failure to provide documents that ONRR requests under 30 CFR part 1212, subpart B.




</P>
</DIV8>


<DIV8 N="§ 1206.160" NODE="30:3.0.2.19.6.4.3.21" TYPE="SECTION">
<HEAD>§ 1206.160   How do I determine a processing allowance if I have an arm's-length processing contract?</HEAD>
<P>(a)(1) If you or your affiliate incur processing costs under an arm's-length processing contract, you may claim a processing allowance for the reasonable, actual costs incurred, as more fully explained in paragraph (b) of this section, except as provided in paragraphs (a)(3)(i) and (a)(3)(ii) of this section and subject to the limitation in § 1206.159(c)(2).
</P>
<P>(2) You must be able to demonstrate that your or your affiliate's contract is arm's-length.
</P>
<P>(b)(1) If your or your affiliate's arm's-length processing contract includes more than one gas plant product, and you can determine the processing costs for each product based on the contract, then you must determine the processing costs for each gas plant product under the contract.
</P>
<P>(2) If your or your affiliate's arm's-length processing contract includes more than one gas plant product, and you cannot determine the processing costs attributable to each product from the contract, you must propose an allocation procedure to ONRR.
</P>
<P>(i) You may use your proposed allocation procedure until ONRR issues its determination.
</P>
<P>(ii) You must submit all relevant data to support your proposal.
</P>
<P>(iii) ONRR will determine the processing allowance based upon your proposal and any additional information that ONRR deems necessary.
</P>
<P>(iv) You must submit the allocation proposal within three months of claiming the allocated deduction on form ONRR-2014.
</P>
<P>(3) You may not take an allowance for the costs of processing lease production that is not royalty-bearing.
</P>
<P>(4) If your or your affiliate's payments for processing under an arm's-length contract are not based on a dollar-per-unit basis, you must convert whatever consideration that you or your affiliate paid to a dollar-value equivalent.
</P>
<P>(c) If you have no written contract for the arm's-length processing of gas, then ONRR will determine your processing allowance under § 1206.144. You may not use this paragraph (c) if you or your affiliate perform(s) your own processing.
</P>
<P>(1) You must propose to ONRR a method to determine the allowance using the procedures in § 1206.148(a).
</P>
<P>(2) You may use that method to determine your allowance until ONRR issues a determination.




</P>
</DIV8>


<DIV8 N="§ 1206.161" NODE="30:3.0.2.19.6.4.3.22" TYPE="SECTION">
<HEAD>§ 1206.161   How do I determine a processing allowance if I have a non-arm's-length processing contract?</HEAD>
<P>(a) This section applies if you or your affiliate do(es) not have an arm's-length processing contract, including situations where you or your affiliate provide your own processing services. You must calculate your processing allowance based on your or your affiliate's reasonable, actual costs for processing during the reporting period using the procedures prescribed in this section.
</P>
<P>(b) Your or your affiliate's actual costs may include:
</P>
<P>(1) Capital costs and operating and maintenance expenses under paragraphs (d), (e), and (f) of this section.
</P>
<P>(2) Overhead under paragraph (g) of this section.
</P>
<P>(3) Depreciation and a return on undepreciated capital investment in accordance with paragraph (h)(1) of this section, or you may elect to use a cost equal to the initial depreciable capital investment in the processing plant under paragraph (h)(2) of this section. After you have elected to use either method for a processing plant, you may not later elect to change to the other alternative without ONRR's approval. If ONRR accepts your request to change methods, you may use your changed method beginning with the production month following the month when ONRR received your change request.
</P>
<P>(4) A return on the reasonable salvage value under paragraph (h)(1)(iii) of this section, after you have depreciated the processing plant to its reasonable salvage value.
</P>
<P>(c) You may not use any cost as a deduction that duplicates all or part of any other cost that you use under this section.
</P>
<P>(d) Allowable capital investment costs are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment), which are an integral part of the processing plant.
</P>
<P>(e) Allowable operating expenses include the following:
</P>
<P>(1) Operations supervision and engineering
</P>
<P>(2) Operations labor
</P>
<P>(3) Fuel
</P>
<P>(4) Utilities
</P>
<P>(5) Materials
</P>
<P>(6) Ad valorem property taxes
</P>
<P>(7) Rent
</P>
<P>(8) Supplies
</P>
<P>(9) Any other directly allocable and attributable operating expense that you can document
</P>
<P>(f) Allowable maintenance expenses may include the following:
</P>
<P>(1) Maintenance of the processing plant
</P>
<P>(2) Maintenance of equipment
</P>
<P>(3) Maintenance labor
</P>
<P>(4) Other directly allocable and attributable maintenance expenses that you can document
</P>
<P>(g) Overhead, directly attributable and allocable to the operation and maintenance of the processing plant, is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(h)(1) To calculate depreciation and a return on undepreciated capital investment, you may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves that the processing plant services, or you may elect to use a unit-of-production method. After you make an election, you may not change methods without ONRR's approval. If ONRR accepts your request to change methods, you may use your changed method beginning with the production month following the month when ONRR received your change request.
</P>
<P>(i) A change in ownership of a processing plant will not alter the depreciation schedule that the original processor/lessee established for purposes of the allowance calculation.
</P>
<P>(ii) You may depreciate a processing plant only once with or without a change in ownership.
</P>
<P>(iii)(A) To calculate a return on undepreciated capital investment, you may use an amount equal to the undepreciated capital investment in the processing plant multiplied by the rate of return that you determine under paragraph (h)(3) of this section.
</P>
<P>(B) After you have depreciated a processing plant to its reasonable salvage value, you may continue to include in the allowance calculation a cost equal to the reasonable salvage value multiplied by a rate of return under paragraph (h)(3) of this section.
</P>
<P>(2) You may use as a cost an amount equal to the allowable initial capital investment in the processing plant multiplied by the rate of return determined under paragraph (h)(3) of this section. You may not include depreciation in your allowance.
</P>
<P>(3) The rate of return is the industrial rate associated with Standard &amp; Poor's BBB rating.
</P>
<P>(i) You must use the monthly average BBB rate that Standard &amp; Poor's publishes for the first month for which the allowance is applicable.
</P>
<P>(ii) You must re-determine the rate at the beginning of each subsequent calendar year.
</P>
<P>(i)(1) You must determine the processing allowance for each gas plant product based on your or your affiliate's reasonable and actual cost of processing the gas. You must base your allocation of costs to each gas plant product upon generally accepted accounting principles.
</P>
<P>(2) You may not take an allowance for processing lease production that is not royalty-bearing.
</P>
<P>(j) You may apply for an exception from the requirement to calculate actual costs under paragraphs (a) and (b) of this section.
</P>
<P>(1) ONRR will grant the exception if:
</P>
<P>(i) You have or your affiliate has arm's-length contracts for processing other gas production at the same processing plant; and
</P>
<P>(ii) At least 50 percent of the gas processed annually at the plant is processed under arm's-length processing contracts.
</P>
<P>(2) If ONRR grants the exception, you must use as your processing allowance the volume-weighted average prices charged to other persons under arm's-length contracts for processing at the same plant.




</P>
</DIV8>


<DIV8 N="§ 1206.162" NODE="30:3.0.2.19.6.4.3.23" TYPE="SECTION">
<HEAD>§ 1206.162   What are my reporting requirements under an arm's-length processing contract?</HEAD>
<P>(a) You must use a separate entry on form ONRR-2014 to notify ONRR of an allowance based on arm's-length processing costs that you or your affiliate incur(s).
</P>
<P>(b) ONRR may require you or your affiliate to submit arm's-length processing contracts, production agreements, operating agreements, and related documents.
</P>
<P>(c) You can find recordkeeping requirements in parts 1207 and 1212 of this chapter.




</P>
</DIV8>


<DIV8 N="§ 1206.163" NODE="30:3.0.2.19.6.4.3.24" TYPE="SECTION">
<HEAD>§ 1206.163   What are my reporting requirements under a non-arm's-length processing contract?</HEAD>
<P>(a) You must use a separate entry on form ONRR-2014 to notify ONRR of an allowance based on non-arm's-length processing costs that you or your affiliate incur(s).
</P>
<P>(b)(1) For new non-arm's-length processing facilities or arrangements, you must base your initial deduction on estimates of allowable gas processing costs for the applicable period.
</P>
<P>(2) You must use your or your affiliate's most recently available operations data for the processing plant as your estimate, if available. If such data is not available, you must use estimates based on data for similar processing plants.
</P>
<P>(3) Section 1206.165 applies when you amend your report based on your actual costs.
</P>
<P>(c) ONRR may require you or your affiliate to submit all data used to calculate the allowance deduction. You can find recordkeeping requirements in parts 1207 and 1212 of this chapter.
</P>
<P>(d) If you are authorized under § 1206.161(j) to use an exception to the requirement to calculate your actual processing costs, you must follow the reporting requirements of § 1206.162.




</P>
</DIV8>


<DIV8 N="§ 1206.164" NODE="30:3.0.2.19.6.4.3.25" TYPE="SECTION">
<HEAD>§ 1206.164   What interest and penalties apply if I improperly report a processing allowance?</HEAD>
<P>(a)(1) If ONRR determines that you took an unauthorized processing allowance, then you must pay any additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter.
</P>
<P>(2) If you understated your processing allowance, you may be entitled to a credit, with interest.
</P>
<P>(b) If you deduct a processing allowance on form ONRR-2014 that exceeds 66
<FR>2/3</FR> percent of the value of a gas plant product, you must pay late payment interest on the excess allowance amount taken from the date when that amount is taken until the date when you pay the additional royalties due.
</P>
<P>(c) If you improperly net a processing allowance against the sales value of a gas plant product instead of reporting the allowance as a separate entry on form ONRR-2014, ONRR may assess a civil penalty under 30 CFR part 1241.




</P>
</DIV8>


<DIV8 N="§ 1206.165" NODE="30:3.0.2.19.6.4.3.26" TYPE="SECTION">
<HEAD>§ 1206.165   What reporting adjustments must I make for processing allowances?</HEAD>
<P>(a) If your actual processing allowance is less than the amount that you claimed on form ONRR-2014 for each month during the allowance reporting period, you must pay additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter from the date when you took the deduction to the date when you repay the difference.
</P>
<P>(b) If the actual processing allowance is greater than the amount that you claimed on form ONRR-2014 for any month during the period reported on the allowance form, you are entitled to a credit, plus interest.


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.6.5" TYPE="SUBPART">
<HEAD>Subpart E—Indian Gas</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>64 FR 43515, Aug. 10, 1999, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1206.170" NODE="30:3.0.2.19.6.5.3.1" TYPE="SECTION">
<HEAD>§ 1206.170   What does this subpart contain?</HEAD>
<P>This subpart contains royalty valuation provisions applicable to Indian lessees.
</P>
<P>(a) This subpart applies to all gas production from Indian (tribal and allotted) oil and gas leases (except leases on the Osage Indian Reservation). The purpose of this subpart is to establish the value of production for royalty purposes consistent with the mineral leasing laws, other applicable laws, and lease terms. This subpart does not apply to Federal leases.
</P>
<P>(b) If the specific provisions of any Federal statute, treaty, negotiated agreement, settlement agreement resulting from any administrative or judicial proceeding, or Indian oil and gas lease are inconsistent with any regulation in this subpart, then the Federal statute, treaty, negotiated agreement, settlement agreement, or lease will govern to the extent of that inconsistency.
</P>
<P>(c) You may calculate the value of production for royalty purposes under methods other than those the regulations in this title require, but only if you, the tribal lessor, and ONRR jointly agree to the valuation methodology. For leases on Indian allotted lands, you and ONRR must agree to the valuation methodology.
</P>
<P>(d) All royalty payments you make to ONRR are subject to monitoring, review, audit, and adjustment.
</P>
<P>(e) The regulations in this subpart are intended to ensure that the trust responsibilities of the United States with respect to the administration of Indian oil and gas leases are discharged in accordance with the requirements of the governing mineral leasing laws, treaties, and lease terms.


</P>
</DIV8>


<DIV8 N="§ 1206.171" NODE="30:3.0.2.19.6.5.3.2" TYPE="SECTION">
<HEAD>§ 1206.171   What definitions apply to this subpart?</HEAD>
<P>The following definitions apply to this subpart and to subpart J of part 1202 of this title:
</P>
<P><I>Accounting for comparison</I> means the same as dual accounting.
</P>
<P><I>Active spot market</I> means a market where one or more ONRR-acceptable publications publish bidweek prices (or if bidweek prices are not available, first of the month prices) for at least one index-pricing point in the index zone.
</P>
<P><I>Allowance</I> means a deduction in determining value for royalty purposes. Processing allowance means an allowance for the reasonable, actual costs of processing gas determined under this subpart. Transportation allowance means an allowance for the reasonable, actual cost of transportation determined under this subpart.
</P>
<P><I>Approved Federal Agreement (AFA)</I> means a unit or communitization agreement approved under departmental regulations.
</P>
<P><I>Area</I> means a geographic region at least as large as the defined limits of an oil or gas field, in which oil or gas lease products have similar quality, economic, or legal characteristics. An area may be all lands within the boundaries of an Indian reservation.
</P>
<P><I>Arm's-length contract</I> means a contract or agreement that has been arrived at in the marketplace between independent, nonaffiliated persons with opposing economic interests regarding that contract. For purposes of this subpart, two persons are affiliated if one person controls, is controlled by, or is under common control with another person. The following percentages (based on the instruments of ownership of the voting securities of an entity, or based on other forms of ownership) determine if persons are affiliated:
</P>
<P>(1) Ownership in excess of 50 percent constitutes control.
</P>
<P>(2) Ownership of 10 through 50 percent creates a presumption of control.
</P>
<P>(3) Ownership of less than 10 percent creates a presumption of noncontrol which ONRR may rebut if it demonstrates actual or legal control, including the existence of interlocking directorates. Notwithstanding any other provisions of this subpart, contracts between relatives, either by blood or by marriage, are not arm's-length contracts. ONRR may require the lessee to certify the percentage of ownership or control of the entity. To be considered arm's-length for any production month, a contract must meet the requirements of this definition for that production month as well as when the contract was executed.
</P>
<P><I>Audit</I> means a review, conducted under generally accepted accounting and auditing standards, of royalty payment compliance activities of lessees or other persons who pay royalties, rents, or bonuses on Indian leases.
</P>
<P><I>BIA</I> means the Bureau of Indian Affairs of the Department of the Interior.
</P>
<P><I>BLM</I> means the Bureau of Land Management of the Department of the Interior.
</P>
<P><I>Compression</I> means raising the pressure of gas.
</P>
<P><I>Condensate</I> means liquid hydrocarbons (normally exceeding 40 degrees of API gravity) recovered at the surface without resorting to processing. Condensate is the mixture of liquid hydrocarbons that results from condensation of petroleum hydrocarbons existing initially in a gaseous phase in an underground reservoir.
</P>
<P><I>Contract</I> means any oral or written agreement, including amendments or revisions thereto, between two or more persons and enforceable by law that with due consideration creates an obligation.
</P>
<P><I>Dedicated</I> means a contractual commitment to deliver gas production (or a specified portion of production) from a lease or well when that production is specified in a sales contract <I>and</I> that production must be sold pursuant to that contract to the extent that production occurs from that lease or well.
</P>
<P><I>Drip condensate</I> means any condensate recovered downstream of the facility measurement point without resorting to processing. Drip condensate includes condensate recovered as a result of its becoming a liquid during the transportation of the gas removed from the lease or recovered at the inlet of a gas processing plant by mechanical means, often referred to as scrubber condensate.
</P>
<P><I>Dual Accounting</I> (or <I>accounting for comparison</I>) refers to the requirement to pay royalty based on a value which is the higher of the value of gas prior to processing less any applicable allowances as compared to the combined value of drip condensate, residue gas, and gas plant products after processing, less applicable allowances.
</P>
<P><I>Entitlement</I> (or <I>entitled share</I>) means the gas production from a lease, or allocable to lease acreage under the terms of an AFA, multiplied by the operating rights owner's percentage of interest ownership in the lease or the acreage.
</P>
<P><I>Facility measurement point</I> (or <I>point of royalty settlement</I>) means the point where the BLM-approved measurement device is located for determining the volume of gas removed from the lease. The facility measurement point may be on the lease or off-lease with BLM approval.
</P>
<P><I>Field</I> means a geographic region situated over one or more subsurface oil and gas reservoirs encompassing at least the outermost boundaries of all oil and gas accumulations known to be within those reservoirs vertically projected to the land surface. Onshore fields are usually given names and their official boundaries are often designated by oil and gas regulatory agencies in the respective States in which the fields are located.
</P>
<P><I>Gas</I> means any fluid, either combustible or noncombustible, hydrocarbon or nonhydrocarbon, which is extracted from a reservoir and which has neither independent shape nor volume, but tends to expand indefinitely. It is a substance that exists in a gaseous or rarefied state under standard temperature and pressure conditions.
</P>
<P><I>Gas plant products</I> means separate marketable elements, compounds, or mixtures, whether in liquid, gaseous, or solid form, resulting from processing gas. However, it does not include residue gas.
</P>
<P><I>Gathering</I> means the movement of lease production to a central accumulation or treatment point on the lease, unit, or communitized area; or a central accumulation or treatment point off the lease, unit, or communitized area as approved by BLM operations personnel.
</P>
<P><I>Gross proceeds</I> (for royalty payment purposes) means the total monies and other consideration accruing to an oil and gas lessee for the disposition of unprocessed gas, residue gas, and gas plant products produced. Gross proceeds includes, but is not limited to, payments to the lessee for certain services such as compression, dehydration, measurement, or field gathering to the extent that the lessee is obligated to perform them at no cost to the Indian lessor, and payments for gas processing rights. Gross proceeds, as applied to gas, also includes but is not limited to reimbursements for severance taxes and other reimbursements. Tax reimbursements are part of the gross proceeds accruing to a lessee even though the Indian royalty interest is exempt from taxation. Monies and other consideration, including the forms of consideration identified in this paragraph, to which a lessee is contractually or legally entitled but which it does not seek to collect through reasonable efforts are also part of gross proceeds.
</P>
<P><I>Index</I> means the calculated composite price ($/MMBtu) of spot-market sales published by a publication that meets ONRR-established criteria for acceptability at the index-pricing point.
</P>
<P><I>Index-pricing point</I> (IPP) means any point on a pipeline for which there is an index.
</P>
<P><I>Index zone</I> means a field or an area with an active spot market and published indices applicable to that field or area that are acceptable to ONRR under § 1206.172(d)(2).
</P>
<P><I>Indian allottee</I> means any Indian for whom land or an interest in land is held in trust by the United States or who holds title subject to Federal restriction against alienation.
</P>
<P><I>Indian tribe</I> means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group of Indians for which any land or interest in land is held in trust by the United States or which is subject to Federal restriction against alienation.
</P>
<P><I>Lease</I> means any contract, profit-share arrangement, joint venture, or other agreement issued or approved by the United States under a mineral leasing law that authorizes exploration for, development or extraction of, or removal of lease products—or the land area covered by that authorization, whichever is required by the context. For purposes of this subpart, this definition excludes Federal leases.
</P>
<P><I>Lease products</I> means any leased minerals attributable to, originating from, or allocated to a lease.
</P>
<P><I>Lessee</I> means any person to whom the United States, a tribe, and/or individual Indian landowner issues a lease, and any person who has been assigned an obligation to make royalty or other payments required by the lease. This includes any person who has an interest in a lease (including operating rights owners) as well as an operator or payor who has no interest in the lease but who has assumed the royalty payment responsibility.
</P>
<P><I>Like-quality lease products</I> means lease products which have similar chemical, physical, and legal characteristics.
</P>
<P><I>Marketable condition</I> means a condition in which lease products are sufficiently free from impurities and otherwise so conditioned that a purchaser will accept them under a sales contract typical for the field or area.
</P>
<P><I>Minimum royalty</I> means that minimum amount of annual royalty that the lessee must pay as specified in the lease or in applicable leasing regulations.
</P>
<P><I>Natural gas liquids (NGL's)</I> means those gas plant products consisting of ethane, propane, butane, or heavier liquid hydrocarbons.
</P>
<P><I>Net-back method</I> (or <I>work-back method</I>) means a method for calculating market value of gas at the lease under which costs of transportation, processing, and manufacturing are deducted from the proceeds received for, or the value of, the gas, residue gas, or gas plant products, and any extracted, processed, or manufactured products, at the first point at which reasonable values for any such products may be determined by a sale under an arm's-length contract or comparison to other sales of such products.
</P>
<P><I>Net output</I> means the quantity of residue gas and each gas plant product that a processing plant produces.
</P>
<P><I>Net profit share</I> means the specified share of the net profit from production of oil and gas as provided in the agreement.
</P>
<P><I>ONRR</I> means the Office of Natural Resources Revenue, Department of the Interior. ONRR includes, where appropriate, tribal auditors acting under agreements under the Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. 1701 <I>et seq.</I> or other applicable agreements.
</P>
<P><I>Operating rights owner</I> (or <I>working interest owner</I>) means any person who owns operating rights in a lease subject to this subpart. A record title owner is the owner of operating rights under a lease except to the extent that the operating rights or a portion thereof have been transferred from record title (see BLM regulations at 43 CFR 3100.0-5(d)).
</P>
<P><I>Person</I> means any individual, firm, corporation, association, partnership, consortium, or joint venture (when established as a separate entity).
</P>
<P><I>Point of royalty measurement</I> means the same as facility measurement point.
</P>
<P><I>Processing</I> means any process designed to remove elements or compounds (hydrocarbon and nonhydrocarbon) from gas, including absorption, adsorption, or refrigeration. Field processes which normally take place on or near the lease, such as natural pressure reduction, mechanical separation, heating, cooling, dehydration, desulphurization (or “sweetening”), and compression, are not considered processing. The changing of pressures and/or temperatures in a reservoir is not considered processing.
</P>
<P><I>Residue</I> gas means that hydrocarbon gas consisting principally of methane resulting from processing gas.
</P>
<P><I>Sales type code</I> means the contract type or general disposition (e.g., arm's-length or non-arm's-length) of production from the lease. The sales type code applies to the sales contract, or other disposition, and not to the arm's-length or non-arm's-length nature of a transportation or processing allowance.
</P>
<P><I>Spot sales agreement</I> means a contract wherein a seller agrees to sell to a buyer a specified amount of unprocessed gas, residue gas, or gas plant products at a specified price over a fixed period, usually of short duration. It also does not normally require a cancellation notice to terminate, and does not contain an obligation, or imply an intent, to continue in subsequent periods.
</P>
<P><I>Takes</I> means when the operating rights owner sells or removes production from, or allocated to, the lease, or when such sale or removal occurs for the benefit of an operating rights owner.
</P>
<P><I>Work-back method</I> means the same as net-back method.
</P>
<CITA TYPE="N">[64 FR 43515, Aug. 10, 1999, as amended at 73 FR 15891, Mar. 26, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 1206.172" NODE="30:3.0.2.19.6.5.3.3" TYPE="SECTION">
<HEAD>§ 1206.172   How do I value gas produced from leases in an index zone?</HEAD>
<P>(a) <I>What leases this section applies to.</I> This section explains how lessees must value, for royalty purposes, gas produced from Indian leases located in an index zone. For other leases, value must be determined under § 1206.174.
</P>
<P>(1) You must use the valuation provision of this section if your lease is in an index zone and meets one of the following two requirements:
</P>
<P>(i) Has a major portion provision;
</P>
<P>(ii) Does not have a major portion provision, but provides for the Secretary to determine the value of production.
</P>
<P>(2) This section does not apply to carbon dioxide, nitrogen, or other non-hydrocarbon components of the gas stream. However, if they are recovered and sold separately from the gas stream, you must determine the value of these products under § 1206.174.
</P>
<P>(b) <I>Valuing residue gas and gas before processing.</I> (1) Except as provided in paragraphs (e), (f), and (g) of this section, this paragraph (b) explains how you must value the following four types of gas:
</P>
<P>(i) Gas production before processing;
</P>
<P>(ii) Gas production that you certify on Form ONRR-4410, Certification for Not Performing Accounting for Comparison (Dual Accounting), is not processed before it flows into a pipeline with an index but which may be processed later;
</P>
<P>(iii) Residue gas after processing; and 
</P>
<P>(iv) Gas that is never processed.
</P>
<P>(2) The value of gas production that is not sold under an arm's-length dedicated contract is the index-based value determined under paragraph (d) of this section unless the gas was subject to a previous contract which was part of a gas contract settlement. If the previous contract was subject to a gas contract settlement and if the royalty-bearing contract settlement proceeds per MMBtu added to the 80 percent of the safety net prices calculated at § 1206.172(e)(4)(i) exceeds the index-based value that applies to the gas under this section (including any adjustments required under § 1206.176), then the value of the gas is the higher of the value determined under this section (including any adjustments required under § 1206.176) or § 1206.174.
</P>
<P>(3) The value of gas production that is sold under an arm's-length dedicated contract is the higher of the index-based value under paragraph (d) of this section or the value of that production determined under § 1206.174(b).
</P>
<P>(c) <I>Valuing gas that is processed before it flows into a pipeline with an index.</I> Except as provided in paragraphs (e), (f), and (g) of this section, this paragraph (c) explains how you must value gas that is processed before it flows into a pipeline with an index. You must value this gas production based on the higher of the following two values:
</P>
<P>(1) The value of the gas before processing determined under paragraph (b) of this section.
</P>
<P>(2) The value of the gas after processing, which is either the alternative dual accounting value under § 1206.173 or the sum of the following three values:
</P>
<P>(i) The value of the residue gas determined under paragraph (b)(2) or (3) of this section, as applicable;
</P>
<P>(ii) The value of the gas plant products determined under § 1206.174, less any applicable processing and/or transportation allowances determined under this subpart; and
</P>
<P>(iii) The value of any drip condensate associated with the processed gas determined under subpart B of this part.
</P>
<P>(d) <I>Determining the index-based value for gas production.</I> (1) To determine the index-based value per MMBtu for production from a lease in an index zone, you must use the following procedures:
</P>
<P>(i) For each ONRR-approved publication, calculate the average of the highest reported prices for all index-pricing points in the index zone, except for any prices excluded under paragraph (d)(6) of this section;
</P>
<P>(ii) Sum the averages calculated in paragraph (d)(1)(i) of this section and divide by the number of publications; and
</P>
<P>(iii) Reduce the number calculated under paragraph (d)(1)(ii) of this section by 10 percent, but not by less than 10 cents per MMBtu or more than 30 cents per MMBtu. The result is the index-based value per MMBtu for production from all leases in that index zone.
</P>
<P>(2) ONRR will publish in the <E T="04">Federal Register</E> the index zones that are eligible for the index-based valuation method under this paragraph. ONRR will monitor the market activity in the index zones and, if necessary, hold a technical conference to add or modify a particular index zone. Any change to the index zones will be published in the <E T="04">Federal Register.</E> ONRR will consider the following five factors and conditions in determining eligible index zones:
</P>
<P>(i) Areas for which ONRR-approved publications establish index prices that accurately reflect the value of production in the field or area where the production occurs;
</P>
<P>(ii) Common markets served;
</P>
<P>(iii) Common pipeline systems;
</P>
<P>(iv) Simplification; and
</P>
<P>(v) Easy identification in ONRR's systems, such as counties or Indian reservations.
</P>
<P>(3) If market conditions change so that an index-based method for determining value is no longer appropriate for an index zone, ONRR will hold a technical conference to consider disqualification of an index zone. ONRR will publish notice in the <E T="04">Federal Register</E> if an index zone is disqualified. If an index zone is disqualified, then production from leases in that index zone cannot be valued under this paragraph.
</P>
<P>(4) ONRR periodically will publish in the <E T="04">Federal Register</E> a list of acceptable publications based on certain criteria, including, but not limited to the following five criteria:
</P>
<P>(i) Publications buyers and sellers frequently use;
</P>
<P>(ii) Publications frequently referenced in purchase or sales contracts;
</P>
<P>(iii) Publications that use adequate survey techniques, including the gathering of information from a substantial number of sales;
</P>
<P>(iv) Publications that publish the range of reported prices they use to calculate their index; and
</P>
<P>(v) Publications independent from DOI, lessors, and lessees.
</P>
<P>(5) Any publication may petition ONRR to be added to the list of acceptable publications.
</P>
<P>(6) ONRR may exclude an individual index price for an index zone in an ONRR-approved publication if ONRR determines that the index price does not accurately reflect the value of production in that index zone. ONRR will publish a list of excluded indices in the <E T="04">Federal Register.</E>
</P>
<P>(7) ONRR will reference which tables in the publications you must use for determining the associated index prices.
</P>
<P>(8) The index-based values determined under this paragraph are not subject to deductions for transportation or processing allowances determined under §§ 1206.177, 1206.178, 1206.179, and 1206.180.
</P>
<P>(e) <I>Determining the minimum value for royalty purposes of gas sold beyond the first index pricing point.</I> (1) Notwithstanding any other provision of this section, the value for royalty purposes of gas production from an Indian lease that is sold beyond the first index pricing point through which it flows cannot be less than the value determined under this paragraph (e).
</P>
<P>(2) By June 30 following any calendar year, you must calculate for each month of that calendar year your safety net price per MMBtu using the procedures in paragraph (e)(3) of this section. You must calculate a safety net price for each month and for each index zone where you have an Indian lease for which you report and pay royalties.
</P>
<P>(3) Your safety net price (S) for an index zone is the volume-weighted average contract price per delivered MMBtu under your or your affiliate's arm's-length contracts for the disposition of residue gas or unprocessed gas produced from your Indian leases in that index zone as computed under this paragraph (e)(3).
</P>
<P>(i) Include in your calculation only sales under those contracts that establish a delivery point beyond the first index pricing point through which the gas flows, and that include any gas produced from or allocable to one or more of your Indian leases in that index zone, even if the contract also includes gas produced from Federal, State, or fee properties. Include in your volume-weighted average calculation those volumes that are allocable to your Indian leases in that index zone.
</P>
<P>(ii) Do not reduce the contract price for any transportation costs incurred to deliver the gas to the purchaser.
</P>
<P>(iii) For purposes of this paragraph (e), the contract price will not include the following amounts:
</P>
<P>(A) Any amounts you receive in compromise or settlement of a predecessor contract for that gas;
</P>
<P>(B) Deductions for you or any other person to put gas production into marketable condition or to market the gas; and 
</P>
<P>(C) Any amounts related to marketable securities associated with the sales contract.
</P>
<P>(4) Next, you must determine for each month the safety net differential (SND). You must perform this calculation separately for each index zone.
</P>
<P>(i) For each index zone, the safety net differential is equal to: SND = [(0.80 × S) − (1.25 × I)] where (I) is the index-based value determined under 30 CFR 206.172(d).
</P>
<P>(ii) If the safety net differential is positive you owe additional royalties.
</P>
<P>(5)(i) To calculate the additional royalties you owe, make the following calculation for each of your Indian leases in that index zone that produced gas that was sold beyond the first index-pricing point through which the gas flowed and that was used in the calculation in paragraph (e)(3) of this section:
</P>
<EXTRACT>
<P>Lease royalties owed = SND × V × R, where R = the lease royalty rate and V = the volume allocable to the lease which produced gas that was sold beyond the first index pricing point.</P></EXTRACT>
<P>(ii) If gas produced from any of your Indian leases is commingled or pooled with gas produced from non-Indian properties, and if any of the combined gas is sold at a delivery point beyond the first index pricing point through which the gas flows, then the volume allocable to each Indian lease for which gas was sold beyond the first index pricing point in the calculation under paragraph (e)(5)(i) of this section is the volume produced from the lease multiplied by the proportion that the total volume of gas sold beyond the first index pricing point bears to the total volume of gas commingled or pooled from all properties.
</P>
<P>(iii) Add the numbers calculated for each lease under paragraph (e)(5)(i) of this section. The total is the additional royalty you owe.
</P>
<P>(6) You have the following responsibilities to comply with the minimum value for royalty purposes:
</P>
<P>(i) You must report the safety net price for each index zone to ONRR on Form ONRR-4411, Safety Net Report, no later than June 30 following each calendar year;
</P>
<P>(ii) You must pay and report on Form ONRR-2014 additional royalties due no later than June 30 following each calendar year; and
</P>
<P>(iii) ONRR may order you to amend your safety net price within one year from the date your Form ONRR-4411 is due or is filed, whichever is later. If ONRR does not order any amendments within that one-year period, your safety net price calculation is final.
</P>
<P>(f) <I>Excluding some or all tribal leases from valuation under this section.</I> (1) An Indian tribe may ask ONRR to exclude some or all of its leases from valuation under this section. ONRR will consult with BIA regarding the request.
</P>
<P>(i) If ONRR approves the request for your lease, you must value your production under § 1206.174 beginning with production on the first day of the second month following the date ONRR publishes notice of its decision in the <E T="04">Federal Register.</E>
</P>
<P>(ii) If an Indian tribe requests exclusion from an index zone for less than all of its leases, ONRR will approve the request only if the excluded leases may be segregated into one or more groups based on separate fields within the reservation.
</P>
<P>(2) An Indian tribe may ask ONRR to terminate exclusion of its leases from valuation under this section. ONRR will consult with BIA regarding the request.
</P>
<P>(i) If ONRR approves the request, you must value your production under § 1206.172 beginning with production on the first day of the second month following the date ONRR publishes notice of its decision in the <E T="04">Federal Register.</E>
</P>
<P>(ii) Termination of an exclusion under paragraph (f)(2)(i) of this section cannot take effect earlier than 1 year after the first day of the production month that the exclusion was effective.
</P>
<P>(3) The Indian tribe's request to ONRR under either paragraph (f)(1) or (2) of this section must be in the form of a tribal resolution.
</P>
<P>(g) <I>Excluding Indian allotted leases from valuation under this section.</I> (1)(i) ONRR may exclude any Indian allotted leases from valuation under this section. ONRR will consult with BIA regarding the exclusion.
</P>
<P>(ii) If ONRR excludes your lease, you must value your production under § 1206.174 beginning with production on the first day of the second month following the date ONRR publishes notice of its decision in the <E T="04">Federal Register.</E>
</P>
<P>(iii) If ONRR excludes any Indian allotted leases under this paragraph (g)(1), it will exclude all Indian allotted leases in the same field. 
</P>
<P>(2)(i) ONRR may terminate the exclusion of any Indian allotted leases from valuation under this section. ONRR will consult with BIA regarding the termination.
</P>
<P>(ii) If ONRR terminates the exclusion, you must value your production under § 1206.172 beginning with production on the first day of the second month following the date ONRR publishes notice of its decision in the <E T="04">Federal Register.</E>


</P>
</DIV8>


<DIV8 N="§ 1206.173" NODE="30:3.0.2.19.6.5.3.4" TYPE="SECTION">
<HEAD>§ 1206.173   How do I calculate the alternative methodology for dual accounting?</HEAD>
<P>(a) <I>Electing a dual accounting method.</I> (1) If you are required to perform the accounting for comparison (dual accounting) under § 1206.176, you have two choices. You may elect to perform the dual accounting calculation according to either § 1206.176(a) (called actual dual accounting), or paragraph (b) of this section (called the alternative methodology for dual accounting).
</P>
<P>(2) You must make a separate election to use the alternative methodology for dual accounting for your Indian leases in each ONRR-designated area. Your election for a designated area must apply to all of your Indian leases in that area.
</P>
<P>(i) ONRR will publish in the <E T="04">Federal Register</E> a list of the lease prefixes that will be associated with each designated area for purposes of this section. The ONRR-designated areas are as follows:
</P>
<P>(A) Alabama-Coushatta;
</P>
<P>(B) Blackfeet Reservation;
</P>
<P>(C) Crow Reservation;
</P>
<P>(D) Fort Belknap Reservation;
</P>
<P>(E) Fort Berthold Reservation;
</P>
<P>(F) Fort Peck Reservation;
</P>
<P>(G) Jicarilla Apache Reservation;
</P>
<P>(H) ONRR-designated groups of counties in the State of Oklahoma;
</P>
<P>(I) Navajo Reservation;
</P>
<P>(J) Northern Cheyenne Reservation;
</P>
<P>(K) Rocky Boys Reservation;
</P>
<P>(L) Southern Ute Reservation;
</P>
<P>(M) Turtle Mountain Reservation;
</P>
<P>(N) Ute Mountain Ute Reservation;
</P>
<P>(O) Uintah and Ouray Reservation;
</P>
<P>(P) Wind River Reservation; and 
</P>
<P>(Q) Any other area that ONRR designates. ONRR will publish a new area designation in the <E T="04">Federal Register.</E>
</P>
<P>(ii) You may elect to begin using the alternative methodology for dual accounting at the beginning of any month. The first election to use the alternative methodology will be effective from the time of election through the end of the following calendar year. Thereafter, each election to use the alternative methodology must remain in effect for 2 calendar years. You may return to the actual dual accounting method only at the beginning of the next election period or with the written approval of ONRR and the tribal lessor for tribal leases, and ONRR for Indian allottee leases in the designated area.
</P>
<P>(iii) When you elect to use the alternative methodology for a designated area, you must also use the alternative methodology for any new wells commenced and any new leases acquired in the designated area during the term of the election.
</P>
<P>(b) <I>Calculating value using the alternative methodology for dual accounting.</I> (1) The alternative methodology adjusts the value of gas before processing determined under either § 1206.172 or § 1206.174 to provide the value of the gas after processing. You must use the value of the gas after processing for royalty payment purposes. The amount of the increase depends on your relationship with the owner(s) of the plant where the gas is processed. If you have no direct or indirect ownership interest in the processing plant, then the increase is lower, as provided in the table in paragraph (b)(2)(ii) of this section. If you have a direct or indirect ownership interest in the plant where the gas is processed, the increase is higher, as provided in paragraph (b)(2)(ii) of this section.
</P>
<P>(2) To calculate the value of the gas after processing using the alternative methodology for dual accounting, you must apply the increase to the value before processing, determined in either § 1206.172 or § 1206.174, as follows:
</P>
<P>(i) Value of gas after processing = (value determined under either § 1206.172 or § 1206.174, as applicable) × (1 + increment for dual accounting); and
</P>
<P>(ii) In this equation, the increment for dual accounting is the number you take from the applicable Btu range, determined under paragraph (b)(3) of this section, in the following table:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">BTU range
</TH><TH class="gpotbl_colhed" scope="col">Increment if Lessee has no ownership interest in plant
</TH><TH class="gpotbl_colhed" scope="col">Increment if lessee has an ownership interest in plant
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1001 to 1050</TD><TD align="right" class="gpotbl_cell">.0275</TD><TD align="right" class="gpotbl_cell">.0375
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1051 to 1100</TD><TD align="right" class="gpotbl_cell">.0400</TD><TD align="right" class="gpotbl_cell">.0625
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1101 to 1150</TD><TD align="right" class="gpotbl_cell">.0425</TD><TD align="right" class="gpotbl_cell">.0750
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1151 to 1200</TD><TD align="right" class="gpotbl_cell">.0700</TD><TD align="right" class="gpotbl_cell">.1225
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1201 to 1250</TD><TD align="right" class="gpotbl_cell">.0975</TD><TD align="right" class="gpotbl_cell">.1700
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1251 to 1300</TD><TD align="right" class="gpotbl_cell">.1175</TD><TD align="right" class="gpotbl_cell">.2050
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1301 to 1350</TD><TD align="right" class="gpotbl_cell">.1400</TD><TD align="right" class="gpotbl_cell">.2400
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1351 to 1400</TD><TD align="right" class="gpotbl_cell">.1450</TD><TD align="right" class="gpotbl_cell">.2500
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1401 to 1450</TD><TD align="right" class="gpotbl_cell">.1500</TD><TD align="right" class="gpotbl_cell">.2600
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1451 to 1500</TD><TD align="right" class="gpotbl_cell">.1550</TD><TD align="right" class="gpotbl_cell">.2700
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1501 to 1550</TD><TD align="right" class="gpotbl_cell">.1600</TD><TD align="right" class="gpotbl_cell">.2800
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1551 to 1600</TD><TD align="right" class="gpotbl_cell">.1650</TD><TD align="right" class="gpotbl_cell">.2900
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1601 to 1650</TD><TD align="right" class="gpotbl_cell">.1850</TD><TD align="right" class="gpotbl_cell">.3225
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1651 to 1700</TD><TD align="right" class="gpotbl_cell">.1950</TD><TD align="right" class="gpotbl_cell">.3425
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1701 + </TD><TD align="right" class="gpotbl_cell">.2000</TD><TD align="right" class="gpotbl_cell">.3550</TD></TR></TABLE></DIV></DIV>
<P>(3) The applicable Btu for purposes of this section is the volume weighted-average Btu for the lease computed from measurements at the facility measurement point(s) for gas production from the lease.
</P>
<P>(4) If any of your gas from the lease is processed during a month, use the following two paragraphs to determine which amounts are subject to dual accounting and which dual accounting method you must use.
</P>
<P>(i) Weighted-average Btu content determined under paragraph (b)(3) of this section is greater than 1,000 Btu's per cubic foot (Btu/cf). All gas production from the lease is subject to dual accounting and you must use the alternative method for all that gas production if you elected to use the alternative method under this section.
</P>
<P>(ii) Weighted-average Btu content determined under paragraph (b)(3) of this section is less than or equal to 1,000 Btu/cf. Only the volumes of lease production measured at facility measurement points whose quality exceeds 1,000 Btu/cf are subject to dual accounting, and you may use the alternative methodology for these volumes. For gas measured at facility measurement points for these leases where the quality is equal to or less than 1,000 Btu/cf, you are not required to do dual accounting.


</P>
</DIV8>


<DIV8 N="§ 1206.174" NODE="30:3.0.2.19.6.5.3.5" TYPE="SECTION">
<HEAD>§ 1206.174   How do I value gas production when an index-based method cannot be used?</HEAD>
<P>(a) <I>Situations in which an index-based method cannot be used.</I> (1) Gas production must be valued under this section in the following situations.
</P>
<P>(i) Your lease is not in an index zone (or ONRR has excluded your lease from an index zone).
</P>
<P>(ii) If your lease is in an index zone and you sell your gas under an arm's-length dedicated contract, then the value of your gas is the higher of the value received under the dedicated contract determined under § 1206.174(b) or the value under § 1206.172.
</P>
<P>(iii) Also use this section to value any other gas production that cannot be valued under § 1206.172, as well as gas plant products, and to value components of the gas stream that have no Btu value (for example, carbon dioxide, nitrogen, etc.).
</P>
<P>(2) The value for royalty purposes of gas production subject to this subpart is the value of gas determined under this section less applicable allowances determined under this subpart.
</P>
<P>(3) You must determine the value of gas production that is processed and is subject to accounting for comparison using the procedure in § 1206.176.
</P>
<P>(4) This paragraph applies if your lease has a major portion provision. It also applies if your lease does not have a major portion provision but the lease provides for the Secretary to determine value.
</P>
<P>(i) The value of production you must initially report and pay is the value determined in accordance with the other paragraphs of this section.
</P>
<P>(ii) ONRR will determine the major portion value and notify you in the <E T="04">Federal Register</E> of that value. The value of production for royalty purposes for your lease is the higher of either the value determined under this section which you initially used to report and pay royalties, or the major portion value calculated under this paragraph (a)(4). If the major portion value is higher, you must submit an amended Form ONRR-2014 to ONRR by the due date specified in the written notice from ONRR of the major portion value. Late-payment interest under § 1218.54 of this chapter on any underpayment will not begin to accrue until the date the amended Form ONRR-2014 is due to ONRR.
</P>
<P>(iii) Except as provided in paragraph (a)(4)(iv) of this section, ONRR will calculate the major portion value for each designated area (which are the same designated areas as under § 1206.173) using values reported for unprocessed gas and residue gas on Form ONRR-2014 for gas produced from leases on that Indian reservation or other designated area. ONRR will array the reported prices from highest to lowest price. The major portion value is that price at which 25 percent (by volume) of the gas (starting from the highest) is sold. ONRR cannot unilaterally change the major portion value after you are notified in writing of what that value is for your leases.
</P>
<P>(iv) ONRR may calculate the major portion value using different data than the data described in paragraph (a)(4)(iii) of this section or data to augment the data described in paragraph (a)(4)(iii) of this section. This may include price data reported to the State tax authority or price data from leases ONRR has reviewed in the designated area. ONRR may use this alternate or the augmented data source beginning with production on the first day of the month following the date ONRR publishes notice in the <E T="04">Federal Register</E> that it is calculating the major portion using a method in this paragraph (a)(4)(iv) of this section.
</P>
<P>(b) <I>Arm's-length contracts.</I> (1) The value of gas, residue gas, or any gas plant product you sell under an arm's-length contract is the gross proceeds accruing to you or your affiliate, except as provided in paragraphs (b)(1)(ii)-(iv) of this section.
</P>
<P>(i) You have the burden of demonstrating that your contract is arm's-length.
</P>
<P>(ii) In conducting reviews and audits for gas valued based upon gross proceeds under this paragraph, ONRR will examine whether or not your contract reflects the total consideration actually transferred either directly or indirectly from the buyer to you or your affiliate for the gas, residue gas, or gas plant product. If the contract does not reflect the total consideration, then ONRR may require that the gas, residue gas, or gas plant product sold under that contract be valued in accordance with paragraph (c) of this section. Value may not be less than the gross proceeds accruing to you or your affiliate, including the additional consideration.
</P>
<P>(iii) If ONRR determines for gas valued under this paragraph that the gross proceeds accruing to you or your affiliate under an arm's-length contract do not reflect the value of the gas, residue gas, or gas plant products because of misconduct by or between the contracting parties, or because you otherwise have breached your duty to the lessor to market the production for the mutual benefit of you and the lessor, then ONRR will require that the gas, residue gas, or gas plant product be valued under paragraphs (c)(2) or (3) of this section. In these circumstances, ONRR will notify you and give you an opportunity to provide written information justifying your value.
</P>
<P>(iv) This paragraph applies to situations where a pipeline purchases gas from a lessee according to a cash-out program under a transportation contract. For all over-delivered volumes, the royalty value is the price the pipeline is required to pay for volumes within the tolerances for over-delivery specified in the transportation contract. Use the same value for volumes that exceed the over-delivery tolerances even if those volumes are subject to a lower price specified in the transportation contract. However, if ONRR determines that the price specified in the transportation contract for over-delivered volumes is unreasonably low, the lessees must value all over-delivered volumes under paragraph (c)(2) or (3) of this section.
</P>
<P>(2) ONRR may require you to certify that your arm's-length contract provisions include all of the consideration the buyer pays, either directly or indirectly, for the gas, residue gas, or gas plant product.
</P>
<P>(c) <I>Non-arm's-length contracts.</I> If your gas, residue gas, or any gas plant product is not sold under an arm's-length contract, then you must value the production using the first applicable method of the following three methods:
</P>
<P>(1) The gross proceeds accruing to you under your non-arm's-length contract sale (or other disposition other than by an arm's-length contract), provided that those gross proceeds are equivalent to the gross proceeds derived from, or paid under, comparable arm's-length contracts for purchases, sales, or other dispositions of like-quality gas in the same field (or, if necessary to obtain a reasonable sample, from the same area). For residue gas or gas plant products, the comparable arm's-length contracts must be for gas from the same processing plant (or, if necessary to obtain a reasonable sample, from nearby plants). In evaluating the comparability of arm's-length contracts for the purposes of these regulations, the following factors will be considered: price, time of execution, duration, market or markets served, terms, quality of gas, residue gas, or gas plant products, volume, and such other factors as may be appropriate to reflect the value of the gas, residue gas, or gas plant products.
</P>
<P>(2) A value determined by consideration of other information relevant in valuing like-quality gas, residue gas, or gas plant products, including gross proceeds under arm's-length contracts for like-quality gas in the same field or nearby fields or areas, or for residue gas or gas plant products from the same gas plant or other nearby processing plants. Other factors to consider include prices received in spot sales of gas, residue gas or gas plant products, other reliable public sources of price or market information, and other information as to the particular lease operation or the salability of such gas, residue gas, or gas plant products.
</P>
<P>(3) A net-back method or any other reasonable method to determine value.
</P>
<P>(d) <I>Supporting data.</I> If you determine the value of production under paragraph (c) of this section, you must retain all data relevant to the determination of royalty value.
</P>
<P>(1) Such data will be subject to review and audit, and ONRR will direct you to use a different value if we determine upon review or audit that the value you reported is inconsistent with the requirements of these regulations.
</P>
<P>(2) You must make all such data available upon request to the authorized ONRR or Indian representatives, to the Office of the Inspector General of the Department, or other authorized persons. This includes your arm's-length sales and volume data for like-quality gas, residue gas, and gas plant products that are sold, purchased, or otherwise obtained from the same processing plant or from nearby processing plants, or from the same or nearby field or area.
</P>
<P>(e) <I>Improper values.</I> If ONRR determines that you have not properly determined value, you must pay the difference, if any, between royalty payments made based upon the value you used and the royalty payments that are due based upon the value ONRR established. You also must pay interest computed on that difference under § 1218.54 of this chapter. If you are entitled to a credit, ONRR will provide instructions on how to take that credit.
</P>
<P>(f) <I>Value guidance.</I> You may ask ONRR for guidance in determining value. You may propose a valuation method to ONRR. Submit all available data related to your proposal and any additional information ONRR deems necessary. ONRR will promptly review your proposal and provide you with a non-binding determination of the guidance you request.
</P>
<P>(g) <I>Minimum value of production.</I> (1) For gas, residue gas, and gas plant products valued under this section, under no circumstances may the value of production for royalty purposes be less than the gross proceeds accruing to the lessee (including its affiliates) for gas, residue gas and/or any gas plant products, less applicable transportation allowances and processing allowances determined under this subpart.
</P>
<P>(2) For gas plant products valued under this section and not valued under § 1206.173, the alternative methodology for dual accounting, the minimum value of production for each gas plant product is as follows:
</P>
<P>(i) Leases in certain States and areas have specific minimum values.
</P>
<P>(A) For production from leases in Colorado in the San Juan Basin, New Mexico, and Texas, the monthly average minimum price reported in commercial price bulletins for the gas plant product at Mont Belvieu, Texas, minus 8.0 cents per gallon.
</P>
<P>(B) For production in Arizona, in Colorado outside the San Juan Basin, Minnesota, Montana, North Dakota, Oklahoma, South Dakota, Utah, and Wyoming, the monthly average minimum price reported in commercial price bulletins for the gas plant product at Conway, Kansas, minus 7.0 cents per gallon;
</P>
<P>(ii) You may use any commercial price bulletin, but you must use the same bulletin for all of the calendar year. If the commercial price bulletin you are using stops publication, you may use a different commercial price bulletin for the remaining part of the calendar year; and (iii) If you use a commercial price bulletin that is published monthly, the monthly average minimum price is the bulletin's minimum price. If you use a commercial price bulletin that is published weekly, the monthly average minimum price is the arithmetic average of the bulletin's weekly minimum prices. If you use a commercial price bulletin that is published daily, the monthly average minimum price is the arithmetic average of the bulletin's minimum prices for each Wednesday in the month.
</P>
<P>(h) <I>Marketable condition/Marketing.</I> You are required to place gas, residue gas, and gas plant products in marketable condition and market the gas for the mutual benefit of the lessee and the lessor at no cost to the Indian lessor. When your gross proceeds establish the value under this section, that value must be increased to the extent that the gross proceeds have been reduced because the purchaser, or any other person, is providing certain services to place the gas, residue gas, or gas plant products in marketable condition or to market the gas, the cost of which ordinarily is your responsibility.
</P>
<P>(i) <I>Highest obtainable price or benefit.</I> For gas, residue gas, and gas plant products valued under this section, value must be based on the highest price a prudent lessee can receive through legally enforceable claims under its contract. Absent contract revision or amendment, if you fail to take proper or timely action to receive prices or benefits to which you are entitled, you must pay royalty at a value based upon that obtainable price or benefit. Contract revisions or amendments must be in writing and signed by all parties to an arm's-length contract. If you make timely application for a price increase or benefit allowed under your contract but the purchaser refuses, and you take reasonable measures, which are documented, to force purchaser compliance, you will owe no additional royalties unless or until monies or consideration resulting from the price increase or additional benefits are received. This paragraph is not intended to permit you to avoid your royalty payment obligation in situations where your purchaser fails to pay, in whole or in part, or timely, for a quantity of gas, residue gas, or gas plant product.
</P>
<P>(j) <I>Non-binding ONRR reviews.</I> Notwithstanding any provision in these regulations to the contrary, no review, reconciliation, monitoring, or other like process that results in an ONRR redetermination of value under this section will be considered final or binding against the Federal Government or its beneficiaries until the audit period is formally closed.
</P>
<P>(k) <I>Confidential information.</I> Certain information submitted to ONRR to support valuation proposals, including transportation allowances and processing allowances, may be exempted from disclosure under the Freedom of Information Act, 5 U.S.C. 552, or other Federal law. Any data specified by law to be privileged, confidential, or otherwise exempt, will be maintained in a confidential manner in accordance with applicable laws and regulations. All requests for information about determinations made under this subpart must be submitted in accordance with the Freedom of Information Act regulation of the Department of the Interior, 43 CFR part 2.
</P>
<CITA TYPE="N">[64 FR 43515, Aug. 10, 1999, as amended at 65 FR 62614, Oct. 19, 2000]


</CITA>
</DIV8>


<DIV8 N="§ 1206.175" NODE="30:3.0.2.19.6.5.3.6" TYPE="SECTION">
<HEAD>§ 1206.175   How do I determine quantities and qualities of production for computing royalties?</HEAD>
<P>(a) For unprocessed gas, you must pay royalties on the quantity and quality at the facility measurement point BLM either allowed or approved.
</P>
<P>(b) For residue gas and gas plant products, you must pay royalties on your share of the monthly net output of the plant even though residue gas and/or gas plant products may be in temporary storage.
</P>
<P>(c) If you have no ownership interest in the processing plant and you do not operate the plant, you may use the contract volume allocation to determine your share of plant products.
</P>
<P>(d) If you have an ownership interest in the plant or if you operate it, use the following procedure to determine the quantity of the residue gas and gas plant products attributable to you for royalty payment purposes:
</P>
<P>(1) When the net output of the processing plant is derived from gas obtained from only one lease, the quantity of the residue gas and gas plant products on which you must pay royalty is the net output of the plant.
</P>
<P>(2) When the net output of a processing plant is derived from gas obtained from more than one lease producing gas of uniform content, the quantity of the residue gas and gas plant products allocable to each lease must be in the same proportions as the ratios obtained by dividing the amount of gas delivered to the plant from each lease by the total amount of gas delivered from all leases.
</P>
<P>(3) When the net output of a processing plant is derived from gas obtained from more than one lease producing gas of non-uniform content, the volumes of residue gas and gas plant products allocable to each lease are based on theoretical volumes of residue gas and gas plant products measured in the lease gas stream. You must calculate the portion of net plant output of residue gas and gas plant products attributable to each lease as follows:
</P>
<P>(i) First, compute the theoretical volumes of residue gas and of gas plant products attributable to the lease by multiplying the lease volume of the gas stream by the tested residue gas content (mole percentage) or gas plant product (GPM) content of the gas stream;
</P>
<P>(ii) Second, calculate the theoretical volumes of residue gas and of gas plant products delivered from all leases by summing the theoretical volumes of residue gas and of gas plant products delivered from each lease; and
</P>
<P>(iii) Third, calculate the theoretical quantities of net plant output of residue gas and of gas plant products attributable to each lease by multiplying the net plant output of residue gas, or gas plant products, by the ratio in which the theoretical volumes of residue gas, or gas plant products, is the numerator and the theoretical volume of residue gas, or gas plant products, delivered from all leases is the denominator.
</P>
<P>(4) You may request ONRR approval of other methods for determining the quantity of residue gas and gas plant products allocable to each lease. If ONRR approves a different method, it will be applicable to all gas production from your Indian leases that is processed in the same plant.
</P>
<P>(e) You may not take any deductions from the royalty volume or royalty value for actual or theoretical losses. Any actual loss of unprocessed gas incurred prior to the facility measurement point will not be subject to royalty if BLM determines that the loss was unavoidable.


</P>
</DIV8>


<DIV8 N="§ 1206.176" NODE="30:3.0.2.19.6.5.3.7" TYPE="SECTION">
<HEAD>§ 1206.176   How do I perform accounting for comparison?</HEAD>
<P>(a) This section applies if the gas produced from your Indian lease is processed and that Indian lease requires accounting for comparison (also referred to as actual dual accounting). Except as provided in paragraphs (b) and (c) of this section, the actual dual accounting value, for royalty purposes, is the greater of the following two values:
</P>
<P>(1) The combined value of the following products:
</P>
<P>(i) The residue gas and gas plant products resulting from processing the gas determined under either § 1206.172 or § 1206.174, less any applicable allowances; and
</P>
<P>(ii) Any drip condensate associated with the processed gas recovered downstream of the point of royalty settlement without resorting to processing determined under § 1206.52, less applicable allowances.
</P>
<P>(2) The value of the gas prior to processing determined under either § 1206.172 or § 1206.174, including any applicable allowances.
</P>
<P>(b) If you are required to account for comparison, you may elect to use the alternative dual accounting methodology provided for in § 1206.173 instead of the provisions in paragraph (a) of this section.
</P>
<P>(c) Accounting for comparison is not required for gas if no gas from the lease is processed until after the gas flows into a pipeline with an index located in an index zone or into a mainline pipeline not in an index zone. If you do not perform dual accounting, you must certify to ONRR that gas flows into such a pipeline before it is processed.
</P>
<P>(d) Except as provided in paragraph (e) of this section, if you value any gas production from a lease for a month using the dual accounting provisions of this section or the alternative dual accounting methodology of § 1206.173, then the value of that gas is the minimum value for any other gas production from that lease for that month flowing through the same facility measurement point.
</P>
<P>(e) If the weighted-average Btu quality for your lease is less than 1,000 Btu's per cubic foot, see § 1206.173(b)(4)(ii) to determine if you must perform a dual accounting calculation.


</P>
</DIV8>


<DIV7 N="3" NODE="30:3.0.2.19.6.5.3" TYPE="SUBJGRP">
<HEAD>Transportation Allowances</HEAD>


<DIV8 N="§ 1206.177" NODE="30:3.0.2.19.6.5.3.8" TYPE="SECTION">
<HEAD>§ 1206.177   What general requirements regarding transportation allowances apply to me?</HEAD>
<P>(a) When you value gas under § 1206.174 at a point off the lease, unit, or communitized area (for example, sales point or point of value determination), you may deduct from value a transportation allowance to reflect the value, for royalty purposes, at the lease, unit, or communitized area. The allowance is based on the reasonable actual costs you incurred to transport unprocessed gas, residue gas, or gas plant products from a lease to a point off the lease, unit, or communitized area. This would include, if appropriate, transportation from the lease to a gas processing plant off the lease, unit, or communitized area and from the plant to a point away from the plant. You may not deduct any allowance for gathering costs.
</P>
<P>(b) You must allocate transportation costs among all products you produce and transport as provided in § 1206.178.
</P>
<P>(c)(1) Except as provided in paragraphs (c)(2) and (3) of this section, your transportation allowance deduction for each sales type code may not exceed 50 percent of the value of the unprocessed gas, residue gas, or gas plant product. For purposes of this section, natural gas liquids are considered one product.
</P>
<P>(2) If you ask ONRR, ONRR may approve a transportation allowance deduction in excess of the limitations in paragraph (c)(1) of this section. To receive this approval, you must demonstrate that the transportation costs incurred in excess of the limitations in paragraph (c)(1) of this section were reasonable, actual, and necessary. Under no circumstances may an allowance reduce the value for royalty purposes under any sales type code to zero.
</P>
<P>(3) Your application for exception (using Form ONRR-4393, Request to Exceed Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for ONRR to make a determination.
</P>
<P>(d) If ONRR conducts a review or audit and determines that you have improperly determined a transportation allowance authorized by this subpart, then you will be required to pay any additional royalties, plus interest determined in accordance with § 1218.54 of this chapter. Alternatively, you may be entitled to a credit, but you will not receive any interest on your overpayment.
</P>
<CITA TYPE="N">[64 FR 43515, Aug. 10, 1999, as amended at 73 FR 15891, Mar. 26, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 1206.178" NODE="30:3.0.2.19.6.5.3.9" TYPE="SECTION">
<HEAD>§ 1206.178   How do I determine a transportation allowance?</HEAD>
<P>(a) <I>Determining a transportation allowance under an arm's-length contract.</I> (1) This paragraph explains how to determine your allowance if you have an arm's-length transportation contract.
</P>
<P>(i) If you have an arm's-length contract for transportation of your production, the transportation allowance is the reasonable, actual costs you incur for transporting the unprocessed gas, residue gas and/or gas plant products under that contract. Paragraphs (a)(1)(ii) and (iii) of this section provide a limited exception. You have the burden of demonstrating that your contract is arm's-length. Your allowances also are subject to paragraph (e) of this section. You are required to submit to ONRR a copy of your arm's-length transportation contract(s) and all subsequent amendments to the contract(s) within 2 months of the date ONRR receives your report which claims the allowance on the Form ONRR-2014.
</P>
<P>(ii) When either ONRR or a tribe conducts reviews and audits, they will examine whether or not the contract reflects more than the consideration actually transferred either directly or indirectly from you to the transporter of the transportation. If the contract reflects more than the total consideration, then ONRR may require that the transportation allowance be determined under paragraph (b) of this section.
</P>
<P>(iii) If ONRR determines that the consideration paid under an arm's-length transportation contract does not reflect the value of the transportation because of misconduct by or between the contracting parties, or because you otherwise have breached your duty to the lessor to market the production for the mutual benefit of you and the lessor, then ONRR will require that the transportation allowance be determined under paragraph (b) of this section. In these circumstances, ONRR will notify you and give you an opportunity to provide written information justifying your transportation costs.
</P>
<P>(2) This paragraph explains how to allocate the costs to each product if your arm's-length transportation contract includes more than one product in a gaseous phase and the transportation costs attributable to each product cannot be determined from the contract.
</P>
<P>(i) If your arm's-length transportation contract includes more than one product in a gaseous phase and the transportation costs attributable to each product cannot be determined from the contract, the total transportation costs must be allocated in a consistent and equitable manner to each of the products transported. To make this allocation, use the same proportion as the ratio that the volume of each product (excluding waste products which have no value) bears to the volume of all products in the gaseous phase (excluding waste products which have no value). Except as provided in this paragraph, you cannot take an allowance for the costs of transporting lease production that is not royalty bearing without ONRR approval, or without lessor approval on tribal leases.
</P>
<P>(ii) As an alternative to paragraph (a)(2)(i) of this section, you may propose to ONRR a cost allocation method based on the values of the products transported. ONRR will approve the method if we determine that it meets one of the two following requirements:
</P>
<P>(A) The methodology in paragraph (a)(2)(i) of this section cannot be applied; and
</P>
<P>(B) Your proposal is more reasonable than the methodology in paragraph (a)(2)(i) of this section.
</P>
<P>(3) This paragraph explains how to allocate costs to each product if your arm's-length transportation contract includes both gaseous and liquid products and the transportation costs attributable to each cannot be determined from the contract.
</P>
<P>(i) If your arm's-length transportation contract includes both gaseous and liquid products and the transportation costs attributable to each cannot be determined from the contract, you must propose an allocation procedure to ONRR. You may use the transportation allowance determined in accordance with your proposed allocation procedure until ONRR decides whether to accept your cost allocation.
</P>
<P>(ii) You are required to submit all relevant data to support your allocation proposal. ONRR will then determine the gas transportation allowance based upon your proposal and any additional information ONRR deems necessary.
</P>
<P>(4) If your payments for transportation under an arm's-length contract are not based on a dollar per unit price, you must convert whatever consideration is paid to a dollar value equivalent for the purposes of this section.
</P>
<P>(5) Where an arm's-length sales contract price includes a reduction for a transportation factor, ONRR will not consider the transportation factor to be a transportation allowance. You may use the transportation factor to determine your gross proceeds for the sale of the product. However, the transportation factor may not exceed 50 percent of the base price of the product without ONRR approval.
</P>
<P>(b) <I>Determining a transportation allowance under a non-arm's-length or no contract.</I> (1) This paragraph explains how to determine your allowance if you have a non-arm's-length transportation contract or no contract.
</P>
<P>(i) When you have a non-arm's-length transportation contract or no contract, including those situations where you perform transportation services for yourself, the transportation allowance is based upon your reasonable, allowable, actual costs for transportation as provided in this paragraph.
</P>
<P>(ii) All transportation allowances deducted under a non-arm's-length or no contract situation are subject to monitoring, review, audit, and adjustment. You must submit the actual cost information to support the allowance to ONRR on Form ONRR-4295, Gas Transportation Allowance Report, within 3 months after the end of the 12-month period to which the allowance applies. However, ONRR may approve a longer time period. ONRR will monitor the allowance deductions to ensure that deductions are reasonable and allowable. When necessary or appropriate, ONRR may require you to modify your actual transportation allowance deduction.
</P>
<P>(2) This paragraph explains what actual transportation costs are allowable under a non-arm's-length contract or no contract situation. The transportation allowance for non-arm's-length or no-contract situations is based upon your actual costs for transportation during the reporting period. Allowable costs include operating and maintenance expenses, overhead, and either depreciation and a return on undepreciated capital investment (in accordance with paragraph (b)(2)(iv)(A) of this section), or a cost equal to the initial depreciable investment in the transportation system multiplied by a rate of return in accordance with paragraph (b)(2)(iv)(B) of this section. Allowable capital costs are generally those costs for depreciable fixed assets (including costs of delivery and installation of capital equipment) that are an integral part of the transportation system.
</P>
<P>(i) Allowable operating expenses include operations supervision and engineering, operations labor, fuel, utilities, materials, ad valorem property taxes, rent, supplies, and any other directly allocable and attributable operating expense that you can document.
</P>
<P>(ii) Allowable maintenance expenses include maintenance of the transportation system, maintenance of equipment, maintenance labor, and other directly allocable and attributable maintenance expenses that you can document.
</P>
<P>(iii) Overhead directly attributable and allocable to the operation and maintenance of the transportation system is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(iv) You may use either depreciation with a return on undepreciated capital investment or a return on depreciable capital investment. After you have elected to use either method for a transportation system, you may not later elect to change to the other alternative without ONRR approval.
</P>
<P>(A) To compute depreciation, you may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves that the transportation system services, or a unit of production method. Once you make an election, you may not change methods without ONRR approval. A change in ownership of a transportation system will not alter the depreciation schedule that the original transporter/lessee established for purposes of the allowance calculation. With or without a change in ownership, a transportation system may be depreciated only once. Equipment may not be depreciated below a reasonable salvage value. To compute a return on undepreciated capital investment, you will multiply the undepreciated capital investment in the transportation system by the rate of return determined under paragraph (b)(2)(v) of this section.
</P>
<P>(B) To compute a return on depreciable capital investment, you will multiply the initial capital investment in the transportation system by the rate of return determined under paragraph (b)(2)(v) of this section. No allowance will be provided for depreciation. This alternative will apply only to transportation facilities first placed in service after March 1, 1988.
</P>
<P>(v) The rate of return is the industrial rate associated with Standard and Poor's BBB rating. The rate of return is the monthly average rate as published in <I>Standard and Poor's Bond Guide</I> for the first month of the reporting period for which the allowance is applicable and is effective during the reporting period. The rate must be redetermined at the beginning of each subsequent transportation allowance reporting period that is determined under paragraph (b)(4) of this section.
</P>
<P>(3) This paragraph explains how to allocate transportation costs to each product and transportation system.
</P>
<P>(i) The deduction for transportation costs must be determined based on your cost of transporting each product through each individual transportation system. If you transport more than one product in a gaseous phase, the allocation of costs to each of the products transported must be made in a consistent and equitable manner. The allocation should be in the same proportion that the volume of each product (excluding waste products that have no value) bears to the volume of all products in the gaseous phase (excluding waste products that have no value). Except as provided in this paragraph, you may not take an allowance for transporting a product that is not royalty bearing without ONRR approval.
</P>
<P>(ii) As an alternative to the requirements of paragraph (b)(3)(i) of this section, you may propose to ONRR a cost allocation method based on the values of the products transported. ONRR will approve the method upon determining that it meets one of the two following requirements:
</P>
<P>(A) The methodology in paragraph (b)(3)(i) of this section cannot be applied; and
</P>
<P>(B) Your proposal is more reasonable than the method in paragraph (b)(3)(i) of this section.
</P>
<P>(4) Your transportation allowance under this paragraph (b) must be determined based upon a calendar year or other period if you and ONRR agree to an alternative.
</P>
<P>(5) If you transport both gaseous and liquid products through the same transportation system, you must propose a cost allocation procedure to ONRR. You may use the transportation allowance determined in accordance with your proposed allocation procedure until ONRR issues its determination on the acceptability of the cost allocation. You are required to submit all relevant data to support your proposal. ONRR will then determine the transportation allowance based upon your proposal and any additional information ONRR deems necessary.
</P>
<P>(c) <I>Using the alternative transportation calculation when you have a non-arm's-length or no contract.</I> (1) As an alternative to computing your transportation allowance under paragraph (b) of this section, you may use as the transportation allowance 10 percent of your gross proceeds but not to exceed 30 cents per MMBtu.
</P>
<P>(2) Your election to use the alternative transportation allowance calculation in paragraph (c)(1) of this section must be made at the beginning of a month and must remain in effect for an entire calendar year. Your first election will remain in effect until the end of the succeeding calendar year, except for elections effective January 1 that will be effective only for that calendar year.
</P>
<P>(d) <I>Reporting your transportation allowance.</I> (1) If ONRR requests, you must submit all data used to determine your transportation allowance. The data must be provided within a reasonable period of time that ONRR will determine.
</P>
<P>(2) You must report transportation allowances as a separate entry on Form ONRR-2014. ONRR may approve a different reporting procedure on allottee leases, and with lessor approval on tribal leases.
</P>
<P>(e) <I>Adjusting incorrect allowances.</I> If for any month the transportation allowance you are entitled to is less than the amount you took on Form ONRR-2014, you are required to report and pay additional royalties due, plus interest computed under § 1218.54 of this chapter from the first day of the first month you deducted the improper transportation allowance until the date you pay the royalties due. If the transportation allowance you are entitled to is greater than the amount you took on Form ONRR-2014 for any royalties during the reporting period, you are entitled to a credit. No interest will be paid on the overpayment.
</P>
<P>(f) <I>Determining allowable costs for transportation allowances.</I> Lessees may include, but are not limited to, the following costs in determining the arm's-length transportation allowance under paragraph (a) of this section or the non-arm's-length transportation allowance under paragraph (b) of this section:
</P>
<P>(1) <I>Firm demand charges paid to pipelines.</I> You must limit the allowable costs for the firm demand charges to the applicable rate per MMBtu multiplied by the actual volumes transported. You may not include any losses incurred for previously purchased but unused firm capacity. You also may not include any gains associated with releasing firm capacity. If you receive a payment or credit from the pipeline for penalty refunds, rate case refunds, or other reasons, you must reduce the firm demand charge claimed on the Form ONRR-2014. You must modify the Form ONRR-2014 by the amount received or credited for the affected reporting period.
</P>
<P>(2) <I>Gas supply realignment (GSR) costs.</I> The GSR costs result from a pipeline reforming or terminating supply contracts with producers to implement the restructuring requirements of FERC orders in 18 CFR part 284.
</P>
<P>(3) <I>Commodity charges.</I> The commodity charge allows the pipeline to recover the costs of providing service.
</P>
<P>(4) <I>Wheeling costs.</I> Hub operators charge a wheeling cost for transporting gas from one pipeline to either the same or another pipeline through a market center or hub. A hub is a connected manifold of pipelines through which a series of incoming pipelines are interconnected to a series of outgoing pipelines.
</P>
<P>(5) <I>Gas Research Institute (GRI) fees.</I> The GRI conducts research, development, and commercialization programs on natural gas related topics for the benefit of the U.S. gas industry and gas customers. GRI fees are allowable provided such fees are mandatory in FERC-approved tariffs.
</P>
<P>(6) <I>Annual Charge Adjustment (ACA) fees.</I> FERC charges these fees to pipelines to pay for its operating expenses.
</P>
<P>(7) <I>Payments (either volumetric or in value) for actual or theoretical losses.</I> This paragraph does not apply to non-arm's-length transportation arrangements.
</P>
<P>(8) <I>Temporary storage services.</I> This includes short duration storage services offered by market centers or hubs (commonly referred to as “parking” or “banking”), or other temporary storage services provided by pipeline transporters, whether actual or provided as a matter of accounting. Temporary storage is limited to 30 days or less.
</P>
<P>(9) <I>Supplemental costs for compression, dehydration, and treatment of gas.</I> ONRR allows these costs only if such services are required for transportation and exceed the services necessary to place production into marketable condition required under § 1206.174(h).
</P>
<P>(g) <I>Determining nonallowable costs for transportation allowances.</I> Lessees may not include the following costs in determining the arm's-length transportation allowance under paragraph (a) of this section or the non-arm's-length transportation allowance under paragraph (b) of this section:
</P>
<P>(1) <I>Fees or costs incurred for storage.</I> This includes storing production in a storage facility, whether on or off the lease, for more than 30 days.
</P>
<P>(2) <I>Aggregator/marketer fees.</I> This includes fees you pay to another person (including your affiliates) to market your gas, including purchasing and reselling the gas, or finding or maintaining a market for the gas production.
</P>
<P>(3) <I>Penalties you incur as shipper.</I> These penalties include, but are not limited to the following:
</P>
<P>(i) <I>Over-delivery cash-out penalties.</I> This includes the difference between the price the pipeline pays you for over-delivered volumes outside the tolerances and the price you receive for over-delivered volumes within tolerances.
</P>
<P>(ii) <I>Scheduling penalties.</I> This includes penalties you incur for differences between daily volumes delivered into the pipeline and volumes scheduled or nominated at a receipt or delivery point.
</P>
<P>(iii) <I>Imbalance penalties.</I> This includes penalties you incur (generally on a monthly basis) for differences between volumes delivered into the pipeline and volumes scheduled or nominated at a receipt or delivery point.
</P>
<P>(iv) <I>Operational penalties.</I> This includes fees you incur for violation of the pipeline's curtailment or operational orders issued to protect the operational integrity of the pipeline.
</P>
<P>(4) <I>Intra-hub transfer fees.</I> These are fees you pay to hub operators for administrative services (e.g., title transfer tracking) necessary to account for the sale of gas within a hub.
</P>
<P>(5) <I>Other nonallowable costs.</I> Any cost you incur for services you are required to provide at no cost to the lessor.
</P>
<P>(h) <I>Other transportation cost determinations.</I> You must follow the provisions of this section to determine transportation costs when establishing value using either a net-back valuation procedure or any other procedure that allows deduction of actual transportation costs.
</P>
<CITA TYPE="N">[64 FR 43515, Aug. 10, 1999, as amended at 73 FR 15891, Mar. 26, 2008]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="4" NODE="30:3.0.2.19.6.5.4" TYPE="SUBJGRP">
<HEAD>Processing Allowances</HEAD>


<DIV8 N="§ 1206.179" NODE="30:3.0.2.19.6.5.4.10" TYPE="SECTION">
<HEAD>§ 1206.179   What general requirements regarding processing allowances apply to me?</HEAD>
<P>(a) When you value any gas plant product under § 1206.174, you may deduct from value the reasonable actual costs of processing.
</P>
<P>(b) You must allocate processing costs among the gas plant products. You must determine a separate processing allowance for each gas plant product and processing plant relationship. Natural gas liquids are considered as one product.
</P>
<P>(c) The processing allowance deduction based on an individual product may not exceed 66
<FR>2/3</FR> percent of the value of each gas plant product determined under § 1206.174. Before you calculate the 66
<FR>2/3</FR> percent limit, you must first reduce the value for any transportation allowances related to post-processing transportation authorized under § 1206.177.
</P>
<P>(d) Processing cost deductions will not be allowed for placing lease products in marketable condition. These costs include among others, dehydration, separation, compression upstream of the facility measurement point, or storage, even if those functions are performed off the lease or at a processing plant. Costs for the removal of acid gases, commonly referred to as sweetening, are not allowed unless the acid gases removed are further processed into a gas plant product. In such event, you will be eligible for a processing allowance determined under this subpart. However, ONRR will not grant any processing allowance for processing lease production that is not royalty bearing.
</P>
<P>(e) You will be allowed a reasonable amount of residue gas royalty free for operation of the processing plant, but no allowance will be made for expenses incidental to marketing, except as provided in 30 CFR part 1206. In those situations where a processing plant processes gas from more than one lease, only that proportionate share of your residue gas necessary for the operation of the processing plant will be allowed royalty free.
</P>
<P>(f) You do not owe royalty on residue gas, or any gas plant product resulting from processing gas, that is reinjected into a reservoir within the same lease, unit, or approved Federal agreement, until such time as those products are finally produced from the reservoir for sale or other disposition. This paragraph applies only when the reinjection is included in a BLM-approved plan of development or operations.
</P>
<P>(g) If ONRR determines that you have determined an improper processing allowance authorized by this subpart, then you will be required to pay any additional royalties plus late payment interest determined under § 1218.54 of this chapter. Alternatively, you may be entitled to a credit, but you will not receive any interest on your overpayment.


</P>
</DIV8>


<DIV8 N="§ 1206.180" NODE="30:3.0.2.19.6.5.4.11" TYPE="SECTION">
<HEAD>§ 1206.180   How do I determine an actual processing allowance?</HEAD>
<P>(a) <I>Determining a processing allowance if you have an arms's-length processing contract.</I> (1) This paragraph explains how you determine an allowance under an arm's-length processing contract.
</P>
<P>(i) The processing allowance is the reasonable actual costs you incur to process the gas under that contract. Paragraphs (a)(1)(ii) and (iii) of this section provide a limited exception. You have the burden of demonstrating that your contract is arm's-length. You are required to submit to ONRR a copy of your arm's-length contract(s) and all subsequent amendments to the contract(s) within 2 months of the date ONRR receives your first report that deducts the allowance on the Form ONRR-2014.
</P>
<P>(ii) When ONRR conducts reviews and audits, we will examine whether the contract reflects more than the consideration actually transferred either directly or indirectly from you to the processor for the processing. If the contract reflects more than the total consideration, then ONRR may require that the processing allowance be determined under paragraph (b) of this section.
</P>
<P>(iii) If ONRR determines that the consideration paid under an arm's-length processing contract does not reflect the value of the processing because of misconduct by or between the contracting parties, or because you otherwise have breached your duty to the lessor to market the production for the mutual benefit of you and the lessor, then ONRR will require that the processing allowance be determined under paragraph (b) of this section. In these circumstances, ONRR will notify you and give you an opportunity to provide written information justifying your processing costs.
</P>
<P>(2) If your arm's-length processing contract includes more than one gas plant product and the processing costs attributable to each product can be determined from the contract, then the processing costs for each gas plant product must be determined in accordance with the contract. You may not take an allowance for the costs of processing lease production that is not royalty-bearing.
</P>
<P>(3) If your arm's-length processing contract includes more than one gas plant product and the processing costs attributable to each product cannot be determined from the contract, you must propose an allocation procedure to ONRR. You may use your proposed allocation procedure until ONRR issues its determination. You are required to submit all relevant data to support your proposal. ONRR will then determine the processing allowance based upon your proposal and any additional information ONRR deems necessary. You may not take a processing allowance for the costs of processing lease production that is not royalty-bearing.
</P>
<P>(4) If your payments for processing under an arm's-length contract are not based on a dollar per unit price, you must convert whatever consideration is paid to a dollar value equivalent for the purposes of this section.
</P>
<P>(b) <I>Determining a processing allowance if you have a non-arm's-length contract or no contract.</I> (1) This paragraph applies if you have a non-arm's-length processing contract or no contract, including those situations where you perform processing for yourself.
</P>
<P>(i) If you have a non-arm's-length contract or no contract, the processing allowance is based upon your reasonable actual costs of processing as provided in paragraph (b)(2) of this section.
</P>
<P>(ii) All processing allowances deducted under a non-arm's-length or no-contract situation are subject to monitoring, review, audit, and adjustment. You must submit the actual cost information to support the allowance to ONRR on Form ONRR-4109, Gas Processing Allowance Summary Report, within 3 months after the end of the 12-month period for which the allowance applies. ONRR may approve a longer time period. ONRR will monitor the allowance deduction to ensure that deductions are reasonable and allowable. When necessary or appropriate, ONRR may require you to modify your processing allowance.
</P>
<P>(2) The processing allowance for non-arm's-length or no-contract situations is based upon your actual costs for processing during the reporting period. Allowable costs include operating and maintenance expenses, overhead, and either depreciation and a return on undepreciated capital investment (in accordance with paragraph (b)(2)(iv)(A) of this section), or a cost equal to the initial depreciable investment in the processing plant multiplied by a rate of return in accordance with paragraph (b)(2)(iv)(B) of this section. Allowable capital costs are generally those costs for depreciable fixed assets (including costs of delivery and installation of capital equipment) that are an integral part of the processing plant.
</P>
<P>(i) Allowable operating expenses include operations supervision and engineering, operations labor, fuel, utilities, materials, ad valorem property taxes, rent, supplies, and any other directly allocable and attributable operating expense that the lessee can document.
</P>
<P>(ii) Allowable maintenance expenses include maintenance of the processing plant, maintenance of equipment, maintenance labor, and other directly allocable and attributable maintenance expenses that you can document.
</P>
<P>(iii) Overhead directly attributable and allocable to the operation and maintenance of the processing plant is an allowable expense. State and Federal income taxes and severance taxes, including royalties, are not allowable expenses.
</P>
<P>(iv) You may use either depreciation with a return on undepreciable capital investment or a return on depreciable capital investment. After you elect to use either method for a processing plant, you may not later elect to change to the other alternative without ONRR approval.
</P>
<P>(A) To compute depreciation, you may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves that the processing plant services, or a unit-of-production method. Once you make an election, you may not change methods without ONRR approval. A change in ownership of a processing plant will not alter the depreciation schedule that the original processor/lessee established for purposes of the allowance calculation. However, for processing plants you or your affiliate purchase that do not have a previously claimed ONRR depreciation schedule, you may treat the processing plant as a newly installed facility for depreciation purposes. A processing plant may be depreciated only once, regardless of whether there is a change in ownership. Equipment may not be depreciated below a reasonable salvage value. To compute a return on undepreciated capital investment, you must multiply the undepreciable capital investment in the processing plant by the rate of return determined under paragraph (b)(2)(v) of this section.
</P>
<P>(B) To compute a return on depreciable capital investment, you must multiply the initial capital investment in the processing plant by the rate of return determined under paragraph (b)(2)(v) of this section. No allowance will be provided for depreciation. This alternative will apply only to plants first placed in service after March 1, 1988.
</P>
<P>(v) The rate of return is the industrial rate associated with Standard and Poor's BBB rating. The rate of return is the monthly average rate as published in Standard and Poor's Bond Guide for the first month for which the allowance is applicable. The rate must be redetermined at the beginning of each subsequent calendar year.
</P>
<P>(3) Your processing allowance under this paragraph (b) must be determined based upon a calendar year or other period if you and ONRR agree to an alternative.
</P>
<P>(4) The processing allowance for each gas plant product must be determined based on your reasonable and actual cost of processing the gas. You must base your allocation of costs to each gas plant product upon generally accepted accounting principles. You may not take an allowance for the costs of processing lease production that is not royalty-bearing.
</P>
<P>(c) <I>Reporting your processing allowance.</I> (1) If ONRR requests, you must submit all data used to determine your processing allowance. The data must be provided within a reasonable period of time, as ONRR determines.
</P>
<P>(2) You must report gas processing allowances as a separate entry on the Form ONRR-2014. ONRR may approve a different reporting procedure for allottee leases, and with lessor approval on tribal leases.
</P>
<P>(d) <I>Adjusting incorrect processing allowances.</I> If for any month the gas processing allowance you are entitled to is less than the amount you took on Form ONRR-2014, you are required to pay additional royalties, plus interest computed under § 1218.54 of this chapter from the first day of the first month you deducted a processing allowance until the date you pay the royalties due. If the processing allowance you are entitled is greater than the amount you took on Form ONRR-2014, you are entitled to a credit. However, no interest will be paid on the overpayment.
</P>
<P>(e) <I>Other processing cost determinations.</I> You must follow the provisions of this section to determine processing costs when establishing value using either a net-back valuation procedure or any other procedure that requires deduction of actual processing costs.
</P>
<CITA TYPE="N">[64 FR 43515, Aug. 10, 1999, as amended at 73 FR 15891, Mar. 26, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 1206.181" NODE="30:3.0.2.19.6.5.4.12" TYPE="SECTION">
<HEAD>§ 1206.181   How do I establish processing costs for dual accounting purposes when I do not process the gas?</HEAD>
<P>Where accounting for comparison (dual accounting) is required for gas production from a lease but neither you nor someone acting on your behalf processes the gas, and you have elected to perform actual dual accounting under § 1206.176, you must use the first applicable of the following methods to establish processing costs for dual accounting purposes:
</P>
<P>(a) The average of the costs established in your current arm's-length processing agreements for gas from the lease, provided that some gas has previously been processed under these agreements.
</P>
<P>(b) The average of the costs established in your current arm's-length processing agreements for gas from the lease, provided that the agreements are in effect for plants to which the lease is physically connected and under which gas from other leases in the field or area is being or has been processed.
</P>
<P>(c) A proposed comparable processing fee submitted to either the tribe and ONRR (for tribal leases) or ONRR (for allotted leases) with your supporting documentation submitted to ONRR. If ONRR does not take action on your proposal within 120 days, the proposal will be deemed to be denied and subject to appeal to the ONRR Director under 30 CFR part 1290.
</P>
<P>(d) Processing costs based on the regulations in §§ 1206.179 and 1206.180. 


</P>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="F" NODE="30:3.0.2.19.6.6" TYPE="SUBPART">
<HEAD>Subpart F—Federal Coal</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 47006, July 21, 2023, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1206.250" NODE="30:3.0.2.19.6.6.5.1" TYPE="SECTION">
<HEAD>§ 1206.250   Purpose and scope.</HEAD>
<P>(a) This subpart is applicable to all coal produced from Federal coal leases. The purpose of this subpart is to establish the value of coal produced for royalty purposes, of all coal from Federal leases consistent with the mineral leasing laws, other applicable laws and lease terms.
</P>
<P>(b) If the specific provisions of any statute or settlement agreement between the United States and a lessee resulting from administrative or judicial litigation, or any coal lease subject to the requirements of this subpart, are inconsistent with any regulation in this subpart then the statute, lease provision, or settlement shall govern to the extent of that inconsistency.
</P>
<P>(c) ONRR may audit and order you to adjust all royalty payments. ONRR or an authorized State may require you to provide records for the audit by one or more of the methods specified in 30 CFR 1217.10.
</P>
<CITA TYPE="N">[88 FR 47006, July 21, 2023, as amended at 88 FR 53792, Aug. 9, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 1206.251" NODE="30:3.0.2.19.6.6.5.2" TYPE="SECTION">
<HEAD>§ 1206.251   Definitions.</HEAD>
<P>The definitions in § 1206.20 do not apply to this subpart. For purposes of this subpart:
</P>
<P><I>Ad valorem lease</I> means a lease where the royalty due to the lessor is based upon a percentage of the amount or value of the coal.
</P>
<P><I>Allowance</I> means a deduction used in determining value for royalty purposes. Coal washing allowance means an allowance for the reasonable, actual costs incurred by the lessee for coal washing. Transportation allowance means an allowance for the reasonable, actual costs incurred by the lessee for moving coal to a point of sale or point of delivery remote from both the lease and mine or wash plant.
</P>
<P><I>Area</I> means a geographic region in which coal has similar quality and economic characteristics. Area boundaries are not officially designated and the areas are not necessarily named.
</P>
<P><I>Arm's-length contract</I> means:
</P>
<P>(1) A contract or agreement that has been arrived at in the marketplace between independent, nonaffiliated persons with opposing economic interests regarding that contract. For purposes of this subpart, two persons are affiliated if one person controls, is controlled by, or is under common control with another person. For purposes of this subpart, based on the instruments of ownership of the voting securities of an entity, or based on other forms of ownership:
</P>
<P>(i) Ownership in excess of 50 percent constitutes control;
</P>
<P>(ii) Ownership of 10 through 50 percent creates a presumption of control; and
</P>
<P>(iii) Ownership of less than 10 percent creates a presumption of noncontrol which ONRR may rebut if it demonstrates actual or legal control, including the existence of interlocking directorates.
</P>
<P>(2) Notwithstanding any other provisions of this subpart, contracts between relatives, either by blood or by marriage, are not arm's-length contracts. The ONRR may require the lessee to certify ownership control. To be considered arm's-length for any production month, a contract must meet the requirements of this definition for that production month as well as when the contract was executed.
</P>
<P><I>Audit</I> means a review, conducted in accordance with generally accepted accounting and auditing standards, of royalty payment compliance activities of lessees or other interest holders who pay royalties, rents, or bonuses on Federal leases.
</P>
<P><I>BLM</I> means the Bureau of Land Management of the Department of the Interior.
</P>
<P><I>Coal</I> means coal of all ranks from lignite through anthracite.
</P>
<P><I>Coal washing</I> means any treatment to remove impurities from coal. Coal washing may include, but is not limited to, operations such as flotation, air, water, or heavy media separation; drying; and related handling (or combination thereof).
</P>
<P><I>Contract</I> means any oral or written agreement, including amendments or revisions thereto, between two or more persons and enforceable by law that with due consideration creates an obligation.
</P>
<P><I>Gross proceeds</I> (for royalty payment purposes) means the total monies and other consideration accruing to a coal lessee for the production and disposition of the coal produced. Gross proceeds includes, but is not limited to, payments to the lessee for certain services such as crushing, sizing, screening, storing, mixing, loading, treatment with substances including chemicals or oils, and other preparation of the coal to the extent that the lessee is obligated to perform them at no cost to the Federal Government. Gross proceeds, as applied to coal, also includes but is not limited to reimbursements for royalties, taxes or fees, and other reimbursements. Tax reimbursements are part of the gross proceeds accruing to a lessee even though the Federal royalty interest may be exempt from taxation. Monies and other consideration, including the forms of consideration identified in this paragraph, to which a lessee is contractually or legally entitled but which it does not seek to collect through reasonable efforts are also part of gross proceeds.
</P>
<P><I>Lease</I> means any contract, profit-share arrangement, joint venture, or other agreement issued or approved by the United States for a Federal coal resource under a mineral leasing law that authorizes exploration for, development or extraction of, or removal of coal—or the land covered by that authorization, whichever is required by the context.
</P>
<P><I>Lessee</I> means any person to whom the United States issues a lease, and any person who has been assigned an obligation to make royalty or other payments required by the lease. This includes any person who has an interest in a lease as well as an operator or payor who has no interest in the lease but who has assumed the royalty payment responsibility.
</P>
<P><I>Like-quality coal</I> means coal that has similar chemical and physical characteristics.
</P>
<P><I>Marketable condition</I> means coal that is sufficiently free from impurities and otherwise in a condition that it will be accepted by a purchaser under a sales contract typical for that area.
</P>
<P><I>Mine</I> means an underground or surface excavation or series of excavations and the surface or underground support facilities that contribute directly or indirectly to mining, production, preparation, and handling of lease products.
</P>
<P><I>Net-back method</I> means a method for calculating market value of coal at the lease or mine. Under this method, costs of transportation, washing, handling, etc., are deducted from the ultimate proceeds received for the coal at the first point at which reasonable values for the coal may be determined by a sale pursuant to an arm's-length contract or by comparison to other sales of coal, to ascertain value at the mine.
</P>
<P><I>Net output</I> means the quantity of washed coal that a washing plant produces.
</P>
<P><I>Netting</I> is the deduction of an allowance from the sales value by reporting a one line net sales value, instead of correctly reporting the deduction as a separate line item on the form ONRR-4430.
</P>
<P><I>Person</I> means by individual, firm, corporation, association, partnership, consortium, or joint venture.
</P>
<P><I>Sales type code</I> means the contract type or general disposition (<I>e.g.,</I> arm's-length or non-arm's-length) of production from the lease. The sales type code applies to the sales contract, or other disposition, and not to the arm's-length or non-arm's-length nature of a transportation or washing allowance.
</P>
<P><I>Spot market price</I> means the price received under any sales transaction when planned or actual deliveries span a short period of time, usually not exceeding one year.




</P>
</DIV8>


<DIV8 N="§ 1206.252" NODE="30:3.0.2.19.6.6.5.3" TYPE="SECTION">
<HEAD>§ 1206.252   Information collection.</HEAD>
<P>The information collection requirements contained in this subpart have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3501 <I>et seq.</I> The forms, filing date, and approved OMB control numbers are identified in part 1210 of this subchapter.




</P>
</DIV8>


<DIV8 N="§ 206.253" NODE="30:3.0.2.19.6.6.5.4" TYPE="SECTION">
<HEAD>§ 206.253   Coal subject to royalties—general provisions.</HEAD>
<P>(a) All coal (except coal unavoidably lost as determined by BLM under 43 CFR part 3400) from a Federal lease subject to this part is subject to royalty. This includes coal used, sold, or otherwise disposed of by the lessee on or off the lease.
</P>
<P>(b) If a lessee receives compensation for unavoidably lost coal through insurance coverage or other arrangements, royalties at the rate specified in the lease are to be paid on the amount of compensation received for the coal. No royalty is due on insurance compensation received by the lessee for other losses.
</P>
<P>(c) If waste piles or slurry ponds are reworked to recover coal, the lessee shall pay royalty at the rate specified in the lease at the time the recovered coal is used, sold, or otherwise finally disposed of. The royalty rate shall be that rate applicable to the production method used to initially mine coal in the waste pile or slurry pond; <I>i.e.,</I> underground mining method or surface mining method. Coal in waste pits or slurry ponds initially mined from Federal leases shall be allocated to such leases regardless of whether it is stored on Federal lands. The lessee shall maintain accurate records to determine to which individual Federal lease coal in the waste pit or slurry pond should be allocated. However, nothing in this section requires payment of a royalty on coal for which a royalty has already been paid.




</P>
</DIV8>


<DIV8 N="§ 1206.254" NODE="30:3.0.2.19.6.6.5.5" TYPE="SECTION">
<HEAD>§ 1206.254   Quality and quantity measurement standards for reporting and paying royalties.</HEAD>
<P>For all leases subject to this subpart, the quantity of coal on which royalty is due shall be measured in short tons (of 2,000 pounds each) by methods prescribed by the BLM. Coal quantity information will be reported on appropriate forms required under 30 CFR part 1210 of this subchapter.




</P>
</DIV8>


<DIV8 N="§ 1206.255" NODE="30:3.0.2.19.6.6.5.6" TYPE="SECTION">
<HEAD>§ 1206.255   Point of royalty determination.</HEAD>
<P>(a) For all leases subject to this subpart, royalty shall be computed on the basis of the quantity and quality of Federal coal in marketable condition measured at the point of royalty measurement as determined jointly by BLM and ONRR.
</P>
<P>(b) Coal produced and added to stockpiles or inventory does not require payment of royalty until such coal is later used, sold, or otherwise finally disposed of. ONRR may ask BLM to increase the lease bond to protect the lessor's interest when BLM determines that stockpiles or inventory become excessive so as to increase the risk of degradation of the resource.
</P>
<P>(c) The lessee shall pay royalty at a rate specified in the lease at the time the coal is used, sold, or otherwise finally disposed of, unless otherwise provided for at § 1206.256(d).




</P>
</DIV8>


<DIV8 N="§ 1206.256" NODE="30:3.0.2.19.6.6.5.7" TYPE="SECTION">
<HEAD>§ 1206.256   Valuation standards for cents-per-ton leases.</HEAD>
<P>(a) This section is applicable to coal leases on Federal lands which provide for the determination of royalty on a cents-per-ton (or other quantity) basis.
</P>
<P>(b) The royalty for coal from leases subject to this section shall be based on the dollar rate per ton prescribed in the lease. That dollar rate shall be applicable to the actual quantity of coal used, sold, or otherwise finally disposed of, including coal which is avoidably lost as determine by BLM pursuant to 43 CFR part 3400.
</P>
<P>(c) For leases subject to this section, there shall be no allowances for transportation, removal of impurities, coal washing, or any other processing or preparation of the coal.
</P>
<P>(d) When a coal lease is readjusted pursuant to 43 CFR part 3400 and the royalty valuation method changes from a cents-per-ton basis to an ad valorem basis, coal which is produced prior to the effective date of readjustment and sold or used within 30 days of the effective date of readjustment shall be valued pursuant to this section. All coal that is not used, sold, or otherwise finally disposed of within 30 days after the effective date of readjustment shall be valued pursuant to the provisions of § 1206.257, and royalties shall be paid at the royalty rate specified in the readjusted lease.




</P>
</DIV8>


<DIV8 N="§ 1206.257" NODE="30:3.0.2.19.6.6.5.8" TYPE="SECTION">
<HEAD>§ 1206.257   Valuation standards for ad valorem leases.</HEAD>
<P>(a) This section is applicable to coal leases on Federal lands which provide for the determination of royalty as a percentage of the amount of value of coal (ad valorem). The value for royalty purposes of coal from such leases shall be the value of coal determined under this section, less applicable coal washing allowances and transportation allowances determined under §§ 1206.258 through 1206.262, or any allowance authorized by § 1206.265. The royalty due shall be equal to the value for royalty purposes multiplied by the royalty rate in the lease.
</P>
<P>(b)(1) The value of coal that is sold pursuant to an arm's-length contract shall be the gross proceeds accruing to the lessee, except as provided in paragraphs (b)(2), (3), and (5) of this section. The lessee shall have the burden of demonstrating that its contract is arm's-length. The value which the lessee reports, for royalty purposes, is subject to monitoring, review, and audit.
</P>
<P>(2) In conducting reviews and audits, ONRR will examine whether the contract reflects the total consideration actually transferred either directly or indirectly from the buyer to the seller for the coal produced. If the contract does not reflect the total consideration, then the ONRR may require that the coal sold pursuant to that contract be valued in accordance with paragraph (c) of this section. Value may not be based on less than the gross proceeds accruing to the lessee for the coal production, including the additional consideration.
</P>
<P>(3) If ONRR determines that the gross proceeds accruing to the lessee pursuant to an arm's-length contract do not reflect the reasonable value of the production because of misconduct by or between the contracting parties, or because the lessee otherwise has breached its duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, then ONRR shall require that the coal production be valued pursuant to paragraph (c)(2)(ii), (iii), (iv), or (v) of this section, and in accordance with the notification requirements of paragraph (d)(3) of this section. When ONRR determines that the value may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's reported coal value.
</P>
<P>(4) ONRR may require a lessee to certify that its arm's-length contract provisions include all of the consideration to be paid by the buyer, either directly or indirectly, for the coal production.
</P>
<P>(5) The value of production for royalty purposes shall not include payments received by the lessee pursuant to a contract which the lessee demonstrates, to ONRR's satisfaction, were not part of the total consideration paid for the purchase of coal production.
</P>
<P>(c)(1) The value of coal from leases subject to this section and which is not sold pursuant to an arm's-length contract shall be determined in accordance with this section.
</P>
<P>(2) If the value of the coal cannot be determined pursuant to paragraph (b) of this section, then the value shall be determined through application of other valuation criteria. The criteria shall be considered in the following order, and the value shall be based upon the first applicable criterion:
</P>
<P>(i) The gross proceeds accruing to the lessee pursuant to a sale under its non-arm's-length contract (or other disposition of produced coal by other than an arm's-length contract), provided that those gross proceeds are within the range of the gross proceeds derived from, or paid under, comparable arm's-length contracts between buyers and sellers neither of whom is affiliated with the lessee for sales, purchases, or other dispositions of like-quality coal produced in the area. In evaluating the comparability of arm's-length contracts for the purposes of these regulations, the following factors shall be considered: Price, time of execution, duration, market or markets served, terms, quality of coal, quantity, and such other factors as may be appropriate to reflect the value of the coal;
</P>
<P>(ii) Prices reported for that coal to a public utility commission;
</P>
<P>(iii) Prices reported for that coal to the Energy Information Administration of the Department of Energy;
</P>
<P>(iv) Other relevant matters including, but not limited to, published or publicly available spot market prices, or information submitted by the lessee concerning circumstances unique to a particular lease operation or the saleability of certain types of coal;
</P>
<P>(v) If a reasonable value cannot be determined using paragraph (c)(2)(i), (ii), (iii), or (iv) of this section, then a net-back method or any other reasonable method shall be used to determine value.
</P>
<P>(3) When the value of coal is determined pursuant to paragraph (c)(2) of this section, that value determination shall be consistent with the provisions contained in paragraph (b)(5) of this section.
</P>
<P>(d)(1) Where the value is determined pursuant to paragraph (c) of this section, that value does not require ONRR's prior approval. However, the lessee shall retain all data relevant to the determination of royalty value. Such data shall be subject to review and audit, and ONRR will direct a lessee to use a different value if it determines that the reported value is inconsistent with the requirements of these regulations.
</P>
<P>(2) Any Federal lessee will make available upon request to the authorized ONRR or State representatives, to the Inspector General of the Department of the Interior or other persons authorized to receive such information, arm's-length sales value and sales quantity data for like-quality coal sold, purchased, or otherwise obtained by the lessee from the area.
</P>
<P>(3) A lessee shall notify ONRR if it has determined value pursuant to paragraph (c)(2)(ii), (iii), (iv), or (v) of this section. The notification shall be by letter to the Director for Office of Natural Resources Revenue of his/her designee. The letter shall identify the valuation method to be used and contain a brief description of the procedure to be followed. The notification required by this section is a one-time notification due no later than the month the lessee first reports royalties on the form ONRR-4430 using a valuation method authorized by paragraph (c)(2)(ii), (iii), (iv), or (v) of this section, and each time there is a change in a method under paragraph (c)(2)(iv) or (v) of this section.
</P>
<P>(e) If ONRR determines that a lessee has not properly determined value, the lessee shall be liable for the difference, if any, between royalty payments made based upon the value it has used and the royalty payments that are due based upon the value established by ONRR. The lessee shall also be liable for interest computed pursuant to § 1218.202 of this subchapter. If the lessee is entitled to a credit, ONRR will provide instructions for the taking of that credit.
</P>
<P>(f) The lessee may request a value determination from ONRR. In that event, the lessee shall propose to ONRR a value determination method, and may use that method in determining value for royalty purposes until ONRR issues its decision. The lessee shall submit all available data relevant to its proposal. The ONRR shall expeditiously determine the value based upon the lessee's proposal and any additional information ONRR deems necessary. That determination shall remain effective for the period stated therein. After ONRR issues its determination, the lessee shall make the adjustments in accordance with paragraph (e) of this section.
</P>
<P>(g) Notwithstanding any other provisions of this section, under no circumstances shall the value for royalty purposes be less than the gross proceeds accruing to the lessee for the disposition of produced coal less applicable provisions of paragraph (b)(5) of this section and less applicable allowances determined pursuant to §§ 1206.258 through 1206.262 and 1206.265.
</P>
<P>(h) The lessee is required to place coal in marketable condition at no cost to the Federal Government. Where the value established under this section is determined by a lessee's gross proceeds, that value shall be increased to the extent that the gross proceeds has been reduced because the purchaser, or any other person, is providing certain services, the cost of which ordinarily is the responsibility of the lessee to place the coal in marketable condition.
</P>
<P>(i) Value shall be based on the highest price a prudent lessee can receive through legally enforceable claims under its contract. Absent contract revision or amendment, if the lessee fails to take proper or timely action to receive prices or benefits to which it is entitled, it must pay royalty at a value based upon that obtainable price or benefit. Contract revisions or amendments shall be in writing and signed by all parties to an arm's-length contract, and may be retroactively applied to value for royalty purposes for a period not to exceed two years, unless ONRR approves a longer period. If the lessee makes timely application for a price increase allowed under its contract but the purchaser refuses, and the lessee takes reasonable measures, which are documented, to force purchaser compliance, the lessee will owe no additional royalties unless or until monies or consideration resulting from the price increase are received. This paragraph shall not be construed to permit a lessee to avoid its royalty payment obligation in situations where a purchaser fails to pay, in whole or in part or timely, for a quantity of coal.
</P>
<P>(j) Notwithstanding any provision in these regulations to the contrary, no review, reconciliation, monitoring, or other like process that results in a redetermination by ONRR of value under this section shall be considered final or binding as against the Federal Government or its beneficiaries until the audit period is formally closed.
</P>
<P>(k) Certain information submitted to ONRR to support valuation proposals, including transportation, coal washing, or other allowances under § 1206.265, is exempted from disclosure by the Freedom of Information Act, 5 U.S.C. 522. Any data specified by the Act to be privileged, confidential, or otherwise exempt shall be maintained in a confidential manner in accordance with applicable law and regulations. All requests for information about determinations made under this part are to be submitted in accordance with the Freedom of Information Act regulation of the Department of the Interior, 43 CFR part 2.




</P>
</DIV8>


<DIV8 N="§ 1206.258" NODE="30:3.0.2.19.6.6.5.9" TYPE="SECTION">
<HEAD>§ 1206.258   Washing allowances—general.</HEAD>
<P>(a) For ad valorem leases subject to § 1206.257, ONRR shall, as authorized by this section, allow a deduction in determining value for royalty purposes for the reasonable, actual costs incurred to wash coal, unless the value determined pursuant to § 1206.257 was based upon like-quality unwashed coal. Under no circumstances will the authorized washing allowance and the transportation allowance reduce the value for royalty purposes to zero.
</P>
<P>(b) If ONRR determines that a lessee has improperly determined a washing allowance authorized by this section, then the lessee shall be liable for any additional royalties, plus interest determined in accordance with § 1218.202 of this subchapter, or shall be entitled to a credit without interest.
</P>
<P>(c) Lessees shall not disproportionately allocate washing costs to Federal leases.
</P>
<P>(d) No cost normally associated with mining operations and which are necessary for placing coal in marketable condition shall be allowed as a cost of washing.
</P>
<P>(e) Coal washing costs shall only be recognized as allowances when the washed coal is sold and royalties are reported and paid.




</P>
</DIV8>


<DIV8 N="§ 1206.259" NODE="30:3.0.2.19.6.6.5.10" TYPE="SECTION">
<HEAD>§ 1206.259   Determination of washing allowances.</HEAD>
<P>(a) <I>Arm's-length contracts.</I> (1) For washing costs incurred by a lessee under an arm's-length contract, the washing allowance shall be the reasonable actual costs incurred by the lessee for washing the coal under that contract, subject to monitoring, review, audit, and possible future adjustment. The lessee shall have the burden of demonstrating that its contract is arm's-length. ONRR's prior approval is not required before a lessee may deduct costs incurred under an arm's-length contract. The lessee must claim a washing allowance by reporting it as a separate line entry on the Form ONRR-4430.
</P>
<P>(2) In conducting reviews and audits, ONRR will examine whether the contract reflects more than the consideration actually transferred either directly or indirectly from the lessee to the washer for the washing. If the contract reflects more than the total consideration paid, then the ONRR may require that the washing allowance be determined in accordance with paragraph (b) of this section.
</P>
<P>(3) If ONRR determines that the consideration paid pursuant to an arm's-length washing contract does not reflect the reasonable value of the washing because of misconduct by or between the contracting parties, or because the lessee otherwise has breached its duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, then ONRR shall require that the washing allowance be determined in accordance with paragraph (b) of this section. When ONRR determines that the value of the washing may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's washing costs.
</P>
<P>(4) Where the lessee's payments for washing under an arm's-length contract are not based on a dollar-per-unit basis, the lessee shall convert whatever consideration is paid to a dollar value equivalent. Washing allowances shall be expressed as a cost per ton of coal washed.
</P>
<P>(b) <I>Non-arm's-length or no contract.</I> (1) If a lessee has a non-arm's-length contract or has no contract, including those situations where the lessee performs washing for itself, the washing allowance will be based upon the lessee's reasonable actual costs. All washing allowances deducted under a non-arm's-length or no contract situation are subject to monitoring, review, audit, and possible future adjustment. The lessee must claim a washing allowance by reporting it as a separate line entry on the Form ONRR-4430. When necessary or appropriate, ONRR may direct a lessee to modify its estimated or actual washing allowance.
</P>
<P>(2) The washing allowance for non-arm's-length or no contract situations shall be based upon the lessee's actual costs for washing during the reported period, including operating and maintenance expenses, overhead, and either depreciation and a return on undepreciated capital investment in accordance with paragraph (b)(2)(iv)(A) of this section, or a cost equal to the depreciable investment in the wash plant multiplied by the rate of return in accordance with paragraph (b)(2)(iv)(B) of this section. Allowable capital costs are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) which are an integral part of the wash plant.
</P>
<P>(i) Allowable operating expenses include: Operations supervision and engineering; operations labor; fuel; utilities; materials; ad valorem property taxes, rent; supplies; and any other directly allocable and attributable operating expense which the lessee can document.
</P>
<P>(ii) Allowable maintenance expenses include: Maintenance of the wash plant; maintenance of equipment; maintenance labor; and other directly allocable and attributable maintenance expenses which the lessee can document.
</P>
<P>(iii) Overhead attributable and allocable to the operation and maintenance of the wash plant is an allowable expense. State and Federal income taxes and severance taxes, including royalties, are not allowable expenses.
</P>
<P>(iv) A lessee may use either paragraph (b)(2)(iv)(A) or (B) of this section. After a lessee has elected to use either method for a wash plant, the lessee may not later elect to change to the other alternative without approval of the ONRR.
</P>
<P>(A) To compute depreciation, the lessee may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves which the wash plant services, whichever is appropriate, or a unit of production method. After an election is made, the lessee may not change methods without ONRR approval. A change in ownership of a wash plant shall not alter the depreciation schedule established by the original operator/lessee for purposes of the allowance calculation. With or without a change in ownership, a wash plant shall be depreciated only once. Equipment shall not be depreciated below a reasonable salvage value.
</P>
<P>(B) ONRR shall allow as a cost an amount equal to the allowable capital investment in the wash plant multiplied by the rate of return determined pursuant to paragraph (b)(2)(v) of this section. No allowance shall be provided for depreciation. This alternative shall apply only to plants first placed in service or acquired after March 1, 1989.
</P>
<P>(v) The rate of return must be the industrial rate associated with Standard and Poor's BBB rating. The rate of return must be the monthly average rate as published in Standard and Poor's Bond Guide for the first month for which the allowance is applicable. The rate must be redetermined at the beginning of each subsequent calendar year.
</P>
<P>(3) The washing allowance for coal shall be determined based on the lessee's reasonable and actual cost of washing the coal. The lessee may not take an allowance for the costs of washing lease production that is not royalty bearing.
</P>
<P>(c) <I>Reporting requirements</I>—(1) <I>Arm's-length contracts.</I> (i) The lessee must notify ONRR of an allowance based on incurred costs by using a separate line entry on the Form ONRR-4430.
</P>
<P>(ii) ONRR may require that a lessee submit arm's-length washing contracts and related documents. Documents shall be submitted within a reasonable time, as determined by ONRR.
</P>
<P>(2) <I>Non-arm's-length or no contract.</I> (i) The lessee must notify ONRR of an allowance based on the incurred costs by using a separate line entry on the Form ONRR-4430.
</P>
<P>(ii) For new washing facilities or arrangements, the lessee's initial washing deduction shall include estimates of the allowable coal washing costs for the applicable period. Cost estimates shall be based upon the most recently available operations data for the washing system or, if such data are not available, the lessee shall use estimates based upon industry data for similar washing systems.
</P>
<P>(iii) Upon request by ONRR, the lessee shall submit all data used to prepare the allowance deduction. The data shall be provided within a reasonable period of time, as determined by ONRR.
</P>
<P>(d) <I>Interest and assessments.</I> (1) If a lessee nets a washing allowance on the Form ONRR-4430, then the lessee shall be assessed an amount up to 10 percent of the allowance netted not to exceed $250 per lease sales type code per sales period.
</P>
<P>(2) If a lessee erroneously reports a washing allowance which results in an underpayment of royalties, interest shall be paid on the amount of that underpayment.
</P>
<P>(3) Interest required to be paid by this section shall be determined in accordance with § 1218.202 of this subchapter.
</P>
<P>(e) <I>Adjustments.</I> (1) If the actual coal washing allowance is less than the amount the lessee has taken on Form ONRR-4430 for each month during the allowance reporting period, the lessee shall pay additional royalties due plus interest computed under § 1218.202 of this subchapter from the date when the lessee took the deduction to the date the lessee repays the difference to ONRR. If the actual washing allowance is greater than the amount the lessee has taken on Form ONRR-4430 for each month during the allowance reporting period, the lessee shall be entitled to a credit without interest.
</P>
<P>(2) The lessee must submit a corrected Form ONRR-4430 to reflect actual costs, together with any payment, in accordance with instructions provided by ONRR.
</P>
<P>(f) <I>Other washing cost determinations.</I> The provisions of this section shall apply to determine washing costs when establishing value using a net-back valuation procedure or any other procedure that requires deduction of washing costs.




</P>
</DIV8>


<DIV8 N="§ 1206.260" NODE="30:3.0.2.19.6.6.5.11" TYPE="SECTION">
<HEAD>§ 1206.260   Allocation of washed coal.</HEAD>
<P>(a) When coal is subjected to washing, the washed coal must be allocated to the leases from which it was extracted.
</P>
<P>(b) When the net output of coal from a washing plant is derived from coal obtained from only one lease, the quantity of washed coal allocable to the lease will be based on the net output of the washing plant.
</P>
<P>(c) When the net output of coal from a washing plant is derived from coal obtained from more than one lease, unless determined otherwise by BLM, the quantity of net output of washed coal allocable to each lease will be based on the ratio of measured quantities of coal delivered to the washing plant and washed from each lease compared to the total measured quantities of coal delivered to the washing plant and washed.




</P>
</DIV8>


<DIV8 N="§ 1206.261" NODE="30:3.0.2.19.6.6.5.12" TYPE="SECTION">
<HEAD>§ 1206.261   Transportation allowances—general.</HEAD>
<P>(a) For ad valorem leases subject to § 1206.257, where the value for royalty purposes has been determined at a point remote from the lease or mine, ONRR shall, as authorized by this section, allow a deduction in determining value for royalty purposes for the reasonable, actual costs incurred to:
</P>
<P>(1) Transport the coal from a Federal lease to a sales point which is remote from both the lease and mine; or
</P>
<P>(2) Transport the coal from a Federal lease to a wash plant when that plant is remote from both the lease and mine and, if applicable, from the wash plant to a remote sales point. In-mine transportation costs shall not be included in the transportation allowance.
</P>
<P>(b) Under no circumstances will the authorized washing allowance and the transportation allowance reduce the value for royalty purposes to zero.
</P>
<P>(c)(1) When coal transported from a mine to a wash plant is eligible for a transportation allowance in accordance with this section, the lessee is not required to allocate transportation costs between the quantity of clean coal output and the rejected waste material. The transportation allowance shall be authorized for the total production which is transported. Transportation allowances shall be expressed as a cost per ton of cleaned coal transported.
</P>
<P>(2) For coal that is not washed at a wash plant, the transportation allowance shall be authorized for the total production which is transported. Transportation allowances shall be expressed as a cost per ton of coal transported.
</P>
<P>(3) Transportation costs shall only be recognized as allowances when the transported coal is sold and royalties are reported and paid.
</P>
<P>(d) If, after a review and/or audit, ONRR determines that a lessee has improperly determined a transportation allowance authorized by this section, then the lessee shall pay any additional royalties, plus interest, determined in accordance with § 1218.202 of this subchapter, or shall be entitled to a credit, without interest.
</P>
<P>(e) Lessees shall not disproportionately allocate transportation costs to Federal leases.




</P>
</DIV8>


<DIV8 N="§ 1206.262" NODE="30:3.0.2.19.6.6.5.13" TYPE="SECTION">
<HEAD>§ 1206.262   Determination of transportation allowances.</HEAD>
<P>(a) <I>Arm's-length contracts.</I> (1) For transportation costs incurred by a lessee pursuant to an arm's-length contract, the transportation allowance shall be the reasonable, actual costs incurred by the lessee for transporting the coal under that contract, subject to monitoring, review, audit, and possible future adjustment. The lessee shall have the burden of demonstrating that its contract is arm's-length. The lessee must claim a transportation allowance by reporting it as a separate line entry on the Form ONRR-4430.
</P>
<P>(2) In conducting reviews and audits, ONRR will examine whether the contract reflects more than the consideration actually transferred either directly or indirectly from the lessee to the transporter for the transportation. If the contract reflects more than the total consideration paid, then the ONRR may require that the transportation allowance be determined in accordance with paragraph (b) of this section.
</P>
<P>(3) If ONRR determines that the consideration paid pursuant to an arm's-length transportation contract does not reflect the reasonable value of the transportation because of misconduct by or between the contracting parties, or because the lessee otherwise has breached its duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, then ONRR shall require that the transportation allowance be determined in accordance with paragraph (b) of this section. When ONRR determines that the value of the transportation may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's transportation costs.
</P>
<P>(4) Where the lessee's payments for transportation under an arm's-length contract are not based on a dollar-per-unit basis, the lessee shall convert whatever consideration is paid to a dollar value equivalent for the purposes of this section.
</P>
<P>(b) <I>Non-arm's-length or no contract.</I> (1) If a lessee has a non-arm's-length contract or has no contract, including those situations where the lessee performs transportation services for itself, the transportation allowance will be based upon the lessee's reasonable actual costs. All transportation allowances deducted under a non-arm's-length or no contract situation are subject to monitoring, review, audit, and possible future adjustment. The lessee must claim a transportation allowance by reporting it as a separate line entry on the Form ONRR-4430. When necessary or appropriate, ONRR may direct a lessee to modify its estimated or actual transportation allowance deduction.
</P>
<P>(2) The transportation allowance for non-arm's-length or no-contract situations shall be based upon the lessee's actual costs for transportation during the reporting period, including operating and maintenance expenses, overhead, and either depreciation and a return on undepreciated capital investment in accordance with paragraph (b)(2)(iv)(A) of this section, or a cost equal to the depreciable investment in the transportation system multiplied by the rate of return in accordance with paragraph (b)(2)(iv)(B) of this section. Allowable capital costs are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) which are an integral part of the transportation system.
</P>
<P>(i) Allowable operating expenses include: Operations supervision and engineering; operations labor; fuel; utilities; materials; ad valorem property taxes; rent; supplies; and any other directly allocable and attributable operating expense which the lessee can document.
</P>
<P>(ii) Allowable maintenance expenses include: Maintenance of the transportation system; maintenance of equipment; maintenance labor; and other directly allocable and attributable maintenance expenses which the lessee can document.
</P>
<P>(iii) Overhead attributable and allocable to the operation and maintenance of the transportation system is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(iv) A lessee may use either paragraph (b)(2)(iv)(A) or (B) of this section. After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of ONRR.
</P>
<P>(A) To compute depreciation, the lessee may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves which the transportation system services, whichever is appropriate, or a unit of production method. After an election is made, the lessee may not change methods without ONRR approval. A change in ownership of a transportation system shall not alter the depreciation schedule established by the original transporter/lessee for purposes of the allowance calculation. With or without a change in ownership, a transportation system shall be depreciated only once. Equipment shall not be depreciated below a reasonable salvage value.
</P>
<P>(B) ONRR shall allow as a cost an amount equal to the allowable capital investment in the transportation system multiplied by the rate of return determined pursuant to paragraph (b)(2)(v) of this section. No allowance shall be provided for depreciation. This alternative shall apply only to transportation facilities first placed in service or acquired after March 1, 1989.
</P>
<P>(v) The rate of return must be the industrial rate associated with Standard and Poor's BBB rating. The rate of return must be the monthly average rate as published in Standard and Poor's Bond Guide for the first month for which the allowance is applicable. The rate must be redetermined at the beginning of each subsequent calendar year.
</P>
<P>(3) A lessee may apply to ONRR for exception from the requirement that it compute actual costs in accordance with paragraphs (b)(1) and (2) of this section. ONRR will grant the exception only if the lessee has a rate for the transportation approved by a Federal agency or by a State regulatory agency (for Federal leases). ONRR shall deny the exception request if it determines that the rate is excessive as compared to arm's-length transportation charges by systems, owned by the lessee or others, providing similar transportation services in that area. If there are no arm's-length transportation charges, ONRR shall deny the exception request if:
</P>
<P>(i) No Federal or State regulatory agency costs analysis exists and the Federal or State regulatory agency, as applicable, has declined to investigate under ONRR timely objections upon filing; and
</P>
<P>(ii) The rate significantly exceeds the lessee's actual costs for transportation as determined under this section.
</P>
<P>(c) <I>Reporting requirements</I>—(1) <I>Arm's-length contracts.</I> (i) The lessee must notify ONRR of an allowance based on incurred costs by using a separate line entry on the form ONRR-4430.
</P>
<P>(ii) ONRR may require that a lessee submit arm's-length transportation contracts, production agreements, operating agreements, and related documents. Documents shall be submitted within a reasonable time, as determined by ONRR.
</P>
<P>(2) <I>Non-arm's-length or no contract.</I> (i) The lessee must notify ONRR of an allowance based on the incurred costs by using a separate line entry on Form ONRR-4430.
</P>
<P>(ii) For new transportation facilities or arrangements, the lessee's initial deduction shall include estimates of the allowable coal transportation costs for the applicable period. Cost estimates shall be based upon the most recently available operations data for the transportation system or, if such data are not available, the lessee shall use estimates based upon industry data for similar transportation systems.
</P>
<P>(iii) Upon request by ONRR, the lessee shall submit all data used to prepare the allowance deduction. The data shall be provided within a reasonable period of time, as determined by ONRR.
</P>
<P>(iv) If the lessee is authorized to use its Federal- or State-agency-approved rate as its transportation cost in accordance with paragraph (b)(3) of this section, it shall follow the reporting requirements of paragraph (c)(1) of this section.
</P>
<P>(d) <I>Interest and assessments.</I> (1) If a lessee nets a transportation allowance on Form ONRR-4430, the lessee shall be assessed an amount of up to 10 percent of the allowance netted not to exceed $250 per lease sales type code per sales period.
</P>
<P>(2) If a lessee erroneously reports a transportation allowance which results in an underpayment of royalties, interest shall be paid on the amount of that underpayment.
</P>
<P>(3) Interest required to be paid by this section shall be determined in accordance with § 1218.202 of this subchapter.
</P>
<P>(e) <I>Adjustments.</I> (1) If the actual coal transportation allowance is less than the amount the lessee has taken on Form ONRR-4430 for each month during the allowance reporting period, the lessee shall pay additional royalties due plus interest computed under § 1218.202 of this subchapter from the date when the lessee took the deduction to the date the lessee repays the difference to ONRR. If the actual transportation allowance is greater than amount the lessee has taken on Form ONRR-4430 for each month during the allowance reporting period, the lessee shall be entitled to a credit without interest.
</P>
<P>(2) The lessee must submit a corrected Form ONRR-4430 to reflect actual costs, together with any payments, in accordance with instructions provided by ONRR.
</P>
<P>(f) <I>Other transportation cost determinations.</I> The provisions of this section shall apply to determine transportation costs when establishing value using a net-back valuation procedure or any other procedure that requires deduction of transportation costs.




</P>
</DIV8>


<DIV8 N="§ 1206.263" NODE="30:3.0.2.19.6.6.5.14" TYPE="SECTION">
<HEAD>§ 1206.263   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 1206.264" NODE="30:3.0.2.19.6.6.5.15" TYPE="SECTION">
<HEAD>§ 1206.264   In-situ and surface gasification and liquefaction operations.</HEAD>
<P>If an ad valorem Federal coal lease is developed by in-situ or surface gasification or liquefaction technology, the lessee shall propose the value of coal for royalty purposes to ONRR. The ONRR will review the lessee's proposal and issue a value determination. The lessee may use its proposed value until ONRR issues a value determination.




</P>
</DIV8>


<DIV8 N="§ 1206.265" NODE="30:3.0.2.19.6.6.5.16" TYPE="SECTION">
<HEAD>§ 1206.265   Value enhancement of marketable coal.</HEAD>
<P>If, prior to use, sale, or other disposition, the lessee enhances the value of coal after the coal has been placed in marketable condition in accordance with § 1206.257(h), the lessee shall notify ONRR that such processing is occurring or will occur. The value of that production shall be determined as follows:
</P>
<P>(a) A value established for the feedstock coal in marketable condition by application of the provisions of § 1206.257(c)(2)(i) through (iv); or,
</P>
<P>(b) In the event that a value cannot be established in accordance with paragraph (a) of this section, then the value of production will be determined in accordance with § 1206.257(c)(2)(v) and the value shall be the lessee's gross proceeds accruing from the disposition of the enhanced product, reduced by ONRR-approved processing costs and procedures including a rate of return on investment equal to two times the Standard and Poor's BBB bond rate applicable under § 1206.259(b)(2)(v).






</P>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:3.0.2.19.6.7" TYPE="SUBPART">
<HEAD>Subpart G—Other Solid Minerals</HEAD>


<DIV8 N="§ 1206.301" NODE="30:3.0.2.19.6.7.5.1" TYPE="SECTION">
<HEAD>§ 1206.301   Value basis for royalty computation.</HEAD>
<P>(a) The gross value for royalty purposes shall be the sale or contract unit price times the number of units sold, <I>Provided, however,</I> That where the authorized officer determines:
</P>
<P>(1) That a contract of sale or other business arrangement between the lessee and a purchaser of some or all of the commodities produced from the lease is not a bona fide transaction between independent parties because it is based in whole or in part upon considerations other than the value of the commodities, or 
</P>
<P>(2) That no bona fide sales price is received for some or all of such commodities because the lessee is consuming them, the authorized officer shall determine their gross value, taking into account: (i) All prices received by the lessee in all bona fide transactions, (ii) Prices paid for commodities of like quality produced from the same general area, and (iii) Such other relevant factors as the authorized officer may deem appropriate; and <I>Provided further,</I> That in a situation where an estimated value is used, the authorized officer shall require the payment of such additional royalties, or allow such credits or refunds as may be necessary to adjust royalty payment to reflect the actual gross value.
</P>
<P>(b) The lessee is required to certify that the values reported for royalty purposes are bona fide sales not involving considerations other than the sale of the mineral, and he may be required by the authorized officer to supply supporting information. 
</P>
<CITA TYPE="N">[43 FR 10341, Mar. 13, 1978. Redesignated at 48 FR 36588, Aug. 12, 1983, and amended at 48 FR 44795, Sept. 30, 1983. Further redesignated at 51 FR 15212, Apr. 22, 1986. Redesignated at 53 FR 39461, Oct. 7, 1988]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="H" NODE="30:3.0.2.19.6.8" TYPE="SUBPART">
<HEAD>Subpart H—Geothermal Resources</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>72 FR 24459, May 2, 2007, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1206.350" NODE="30:3.0.2.19.6.8.5.1" TYPE="SECTION">
<HEAD>§ 1206.350   What is the purpose of this subpart?</HEAD>
<P>(a) This subpart applies to all geothermal resources produced from Federal geothermal leases issued pursuant to the Geothermal Steam Act of 1970 (GSA), as amended by the Energy Policy Act of 2005 (EPAct) (30 U.S.C. 1001 <I>et seq.</I>). The purpose of this subpart is to prescribe how to calculate royalties and direct use fees for geothermal production.
</P>
<P>(b) ONRR may audit and order you to adjust all royalty and fee payments. ONRR or an authorized State may require you to provide records for the audit by one or more of the methods specified in 30 CFR 1217.10.
</P>
<P>(c) In some cases, the regulations in this subpart may be inconsistent with a statute, settlement agreement, written agreement, or lease provision. If this happens, the statute, settlement agreement, written agreement, or lease provision will govern to the extent of the inconsistency. For purposes of this paragraph, the following definitions apply:
</P>
<P>(1) “Settlement agreement” means a settlement agreement between the United States and a lessee resulting from administrative or judicial litigation.
</P>
<P>(2) “Written agreement” means a written agreement between the lessee and the ONRR Director or Assistant Secretary, Policy, Management and Budget of the Department of the Interior that:
</P>
<P>(i) Establishes a method to determine the royalty from any lease that ONRR expects at least would approximate the value or royalty established under this subpart; and
</P>
<P>(ii) Includes a value or gross proceeds determination under § 1206.364 of this subpart. 
</P>
<CITA TYPE="N">[72 FR 24459, May 2, 2007, as amended at 88 FR 53792, Aug. 9, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 1206.351" NODE="30:3.0.2.19.6.8.5.2" TYPE="SECTION">
<HEAD>§ 1206.351   What definitions apply to this subpart?</HEAD>
<P>For purposes of this subpart, the following terms have the meanings indicated.
</P>
<P><I>Affiliate</I> means a person who controls, is controlled by, or is under common control with another person. For purposes of this subpart:
</P>
<P>(1) Ownership or common ownership of more than 50 percent of the voting securities, or instruments of ownership, or other forms of ownership, of another person constitutes control. Ownership of less than 10 percent constitutes a presumption of noncontrol that ONRR may rebut.
</P>
<P>(2) If there is ownership or common ownership of 10 through 50 percent of the voting securities, or instruments of ownership, or other forms of ownership of another person, ONRR will consider the following factors in determining whether there is control under the circumstances of a particular case:
</P>
<P>(i) The extent to which there are common officers or directors;
</P>
<P>(ii) With respect to the voting securities, or instruments of ownership, or other forms of ownership: the percentage of ownership or common ownership, the relative percentage of ownership or common ownership compared to the percentage(s) of ownership by other persons, whether a person is the greatest single owner, or whether there is an opposing voting bloc of greater ownership;
</P>
<P>(iii) Operation of a lease, plant, pipeline, or other facility;
</P>
<P>(iv) The extent of participation by other owners in operations and day-to-day management of a lease, plant, pipeline, or other facility; and
</P>
<P>(v) Other evidence of power to exercise control over or common control with another person.
</P>
<P>(3) Regardless of any percentage of ownership or common ownership, relatives, either by blood or marriage, are affiliates.
</P>
<P><I>Allowance</I> means a deduction in determining value for royalty purposes.
</P>
<P><I>Arm's-length contract</I> means a contract or agreement between independent persons who are not affiliates and who have opposing economic interests regarding that contract. To be considered arm's length for any production month, a contract must satisfy this definition for that month, as well as when the contract was executed.
</P>
<P><I>Audit</I> means a review, conducted in accordance with generally accepted accounting and auditing standards, of royalty or fee payment compliance activities of lessees or other interest holders who pay royalties, fees, rents, or bonuses on Federal geothermal leases.
</P>
<P><I>Byproducts</I> means minerals (exclusive of oil, hydrocarbon gas, and helium), found in solution or in association with geothermal steam, that no person would extract and produce by themselves because they are worth less than 75 percent of the value of the geothermal steam or because extraction and production would be too difficult.
</P>
<P><I>Byproduct recovery facility</I> means a facility where byproducts are placed in marketable condition.
</P>
<P><I>Byproduct transportation allowance</I> means an allowance for the reasonable, actual costs of moving byproducts to a point of sale or delivery off the lease, unit area, or communitized area, or away from a byproduct recovery facility. The byproduct transportation allowance does not include gathering costs. You must report a byproduct transportation allowance as a separate discrete field on the Form ONRR-2014.
</P>
<P><I>Class I lease</I> means:
</P>
<P>(1) A lease that BLM issued before August 8, 2005, for which the lessee has not converted the royalty rate terms under 43 CFR 3212.25; or
</P>
<P>(2) A lease that BLM issued in response to an application that was pending on August 8, 2005, for which the lessee has not made an election under 43 CFR 3200.8(b).
</P>
<P><I>Class II lease</I> means:
</P>
<P>A lease that BLM issued after August 8, 2005, except for a lease issued in response to an application that was pending on August 8, 2005, for which the lessee does not make an election under 43 CFR 3200.8(b).
</P>
<P><I>Class III lease</I> means:
</P>
<P>A lease that BLM issued before August 8, 2005, for which the lessee has converted to the royalty rate or direct use fee terms under 43 CFR 3212.25.
</P>
<P><I>Commercial production or generation of electricity</I> means generation of electricity that is sold or is subject to sale, including the electricity or energy that is reasonably required to produce the resource used in production of electricity for sale or to convert geothermal energy into electrical energy for sale.
</P>
<P><I>Contract</I> means any oral or written agreement, including amendments or revisions thereto, between two or more persons and enforceable by law that with due consideration creates an obligation.
</P>
<P><I>Deduction</I> means a subtraction the lessee uses to determine the value of geothermal resources produced from a Class I lease that the lessee uses to generate electricity.
</P>
<P><I>Delivered electricity</I> means the amount of electricity in kilowatt-hours delivered to the purchaser.
</P>
<P><I>Direct use</I> means the utilization of geothermal resources for commercial, residential, agricultural, public facilities, or other energy needs, other than the commercial production or generation of electricity.
</P>
<P><I>Direct use facility</I> means a facility that uses the heat or other energy of the geothermal resource for direct use purposes.
</P>
<P><I>Electrical facility</I> means a power plant or other facility that uses a geothermal resource to generate electricity.
</P>
<P><I>Field</I> means the land surface vertically projected over a subsurface geothermal reservoir encompassing at least the outermost boundaries of all geothermal accumulations known to be within that reservoir. Geothermal fields are usually given names and their official boundaries are often designated by regulatory agencies in the respective States in which the fields are located.
</P>
<P><I>Gathering</I> means the movement of lease production from the wellhead to the point of utilization.
</P>
<P><I>Generating deduction</I> means a deduction for the lessee's reasonable, actual costs of generating plant tailgate electricity.
</P>
<P><I>Geothermal resources</I> means:
</P>
<P>(1) All products of geothermal processes, including indigenous steam, hot water, and hot brines;
</P>
<P>(2) Steam and other gases, hot water, and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;
</P>
<P>(3) Heat or other associated energy found in geothermal formations; and
</P>
<P>(4) Any byproducts.
</P>
<P><I>Gross proceeds</I> (for royalty payment purposes) means the total monies and other consideration accruing to a geothermal lessee for the sale of electricity or geothermal resource. Gross proceeds includes, but is not limited to:
</P>
<P>(1) Payments to the lessee for certain services such as effluent injection, field operation and maintenance, drilling or workover of wells, or field gathering to the extent that the lessee is obligated to perform such functions at no cost to the Federal Government;
</P>
<P>(2) Reimbursements for production taxes and other taxes. Tax reimbursements are part of gross proceeds accruing to a lessee even though the Federal royalty interest may be exempt from taxation; and
</P>
<P>(3) Any monies and other consideration, including the forms of consideration identified in this paragraph, to which a lessee is contractually or legally entitled but which it does not seek to collect through reasonable efforts.
</P>
<P><I>Lease</I> means a geothermal lease issued under the authority of the GSA, unless the context indicates otherwise.
</P>
<P><I>Lessee (you)</I> means any person to whom the United States issues a geothermal lease, and any person who has been assigned an obligation to make royalty, fee, or other payments required by the lease. This includes any person who has an interest in a geothermal lease as well as an operator or payor who has no interest in the lease but who has assumed the royalty, fee, or other payment responsibility. This also includes any affiliate of the lessee that uses the geothermal resource to generate electricity, in a direct use process, or to recover byproducts, or any affiliate that sells or transports lease production.
</P>
<P><I>Marketable condition</I> means lease products that are sufficiently free from impurities and otherwise in a condition that they will be accepted by a purchaser under a sales contract typical for the disposition from the field or area of such lease products.
</P>
<P><I>Person</I> means any individual, firm, corporation, association, partnership, consortium, or joint venture (when established as a separate entity).
</P>
<P><I>Plant parasitic electricity</I> means electricity used to operate a power plant that is used for commercial production or generation of electricity.
</P>
<P><I>Plant tailgate electricity</I> means the amount of electricity in kilowatt-hours generated by a power plant exclusive of plant parasitic electricity, but inclusive of any electricity generated by the power plant and returned to the lease for lease operations. Plant tailgate electricity should be measured at, or calculated for, the high voltage side of the transformer in the plant switchyard.
</P>
<P><I>Point of utilization</I> means the power plant or direct use facility in which the geothermal resource is utilized.
</P>
<P><I>Public purpose</I> means a program carried out by a State, tribal, or local government for the purpose of providing facilities or services for the benefit of the public in connection with, but not limited to, public health, safety or welfare, other than the commercial generation of electricity. Use of lands or facilities for habitation, cultivation, trade or manufacturing is permissible only when necessary for and integral to (<I>i.e.</I>, an essential part of) the public purpose.
</P>
<P><I>Public safety or welfare</I> means a program carried out or promoted by a public agency for public purposes involving, directly or indirectly, protection, safety, and law enforcement activities, and the criminal justice system of a given political area. Public safety or welfare may include, but is not limited to, programs carried out by:
</P>
<P>(1) Public police departments;
</P>
<P>(2) Sheriffs' offices;
</P>
<P>(3) The courts;
</P>
<P>(4) Penal and correctional institutions (including juvenile facilities);
</P>
<P>(5) State and local civil defense organizations; and
</P>
<P>(6) Fire departments and rescue squads (including volunteer fire departments and rescue squads supported in whole or in part with public funds).
</P>
<P><I>Reasonable alternative fuel</I> means a conventional fuel (such as coal, oil, gas, or wood) that would normally be used as a source of heat in direct use operations.
</P>
<P><I>Secretary</I> means the Secretary of the Interior or any person duly authorized to exercise the powers vested in that office.
</P>
<P><I>Transmission deduction</I> means a deduction for the lessee's reasonable actual costs incurred to wheel or transmit the electricity from the lessee's power plant to the purchaser's delivery point.
</P>
<P><I>Wheeling</I> means the transmission of electricity from a power plant to the point of delivery. 


</P>
</DIV8>


<DIV8 N="§ 1206.352" NODE="30:3.0.2.19.6.8.5.3" TYPE="SECTION">
<HEAD>§ 1206.352   How do I calculate the royalty due on geothermal resources used for commercial production or generation of electricity?</HEAD>
<P>(a) If you sold geothermal resources produced from a Class I, II, or III lease at arm's length that the purchaser uses to generate electricity, then the royalty on the geothermal resources is the gross proceeds accruing to you from the sale of the geothermal resource to the arm's-length purchaser multiplied by either:
</P>
<P>(1) The royalty rate in your lease; or
</P>
<P>(2) The royalty rate that BLM prescribes or calculates under 43 CFR 3211.17. See § 1206.361 for additional provisions applicable to determining gross proceeds under arm's-length sales.
</P>
<P>(b) If you use the geothermal resource in your own power plant for the generation and sale of electricity, the following provisions apply
</P>
<P>(1) For Class I leases, you must determine the royalty on produced geothermal resources in accordance with the first applicable of the following paragraphs:
</P>
<P>(i) The gross proceeds accruing to you from the arm's-length sale of the electricity less applicable deductions determined under §§ 1206.353 and 1206.354 of this part, multiplied by the royalty rate in your lease. See § 1206.361 for additional provisions applicable to determining gross proceeds under arm's-length sales. Under no circumstances may the deductions reduce the royalty value of the geothermal resource to zero; or
</P>
<P>(ii) A royalty determined by any other reasonable method approved by ONRR under § 1206.364 of this subpart.
</P>
<P>(2) For Class II and Class III leases, the royalty on geothermal resources produced is your gross proceeds from the sale of electricity multiplied by the royalty rate BLM prescribed for your lease under 43 CFR 3211.17. See § 1206.361 for additional provisions applicable to determining gross proceeds under arm's-length sales. You may not reduce gross proceeds by any deductions. 


</P>
</DIV8>


<DIV8 N="§ 1206.353" NODE="30:3.0.2.19.6.8.5.4" TYPE="SECTION">
<HEAD>§ 1206.353   How do I determine transmission deductions?</HEAD>
<P>(a) If you determine the value of your geothermal resources under § 1206.352(b)(1)(i) of this subpart, you may subtract a transmission deduction from the gross proceeds you received for the sale of electricity to determine the plant tailgate value of the electricity.
</P>
<P>(1) The transmission deduction consists of either or both of two components:
</P>
<P>(i) Transmission line costs as determined under paragraph (b) of this section; and
</P>
<P>(ii) Wheeling costs if the electricity is transmitted across a third party's transmission line under an arm's-length wheeling agreement.
</P>
<P>(2) You may deduct the actual costs you (including your affiliate(s)) incur for transmitting electricity under your arm's-length wheeling contract.
</P>
<P>(b) To determine your transmission line cost, you must follow the requirements of paragraphs (b)(1) and (b)(2) of this section.
</P>
<P>(1) Your transmission line costs are your actual costs associated with the construction and operation of a transmission line for the purpose of transmitting electricity attributable and allocable to your power plant utilizing Federal geothermal resources.
</P>
<P>(i) You must determine the monthly transmission line cost component of the transmission deduction by multiplying the annual transmission line cost rate (in dollars per kilowatt-hour) by the amount of electricity delivered for the reporting month.
</P>
<P>(ii) You must redetermine the transmission line cost rate annually either at the beginning of the same month of the year in which the power plant was placed into service or at a time concurrent with the beginning of your annual corporate accounting period. The period you select must coincide with the same period you chose for the generating deduction under § 1206.354(b)(1). After you choose a deduction period, you may not later elect to use a different deduction period without ONRR approval.
</P>
<P>(2) Your actual transmission line costs during the reporting period include:
</P>
<P>(i) Operating and maintenance expenses under paragraphs (d) and (e) of this section;
</P>
<P>(ii) Overhead under paragraph (f) of this section; and either
</P>
<P>(iii) Depreciation under paragraphs (g) and (h) of this section and a return on undepreciated capital investment under paragraphs (g) and (i) of this section or
</P>
<P>(iv) A return on the capital investment in the transmission line under paragraphs (g) and (j) of this section.
</P>
<P>(c)(1) Allowable capital costs under paragraph (b) of this section are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) that are an integral part of the transmission line.
</P>
<P>(2)(i) You may include a return on capital you invested in the purchase of real estate for transmission facilities if:
</P>
<P>(A) Such purchase is necessary; and
</P>
<P>(B) The surface is not part of the Federal lease.
</P>
<P>(ii) The rate of return will be the same rate determined under paragraph (k) of this section.
</P>
<P>(d) Allowable operating expenses include:
</P>
<P>(1) Operations supervision and engineering;
</P>
<P>(2) Operations labor;
</P>
<P>(3) Fuel;
</P>
<P>(4) Utilities;
</P>
<P>(5) Materials;
</P>
<P>(6) Ad valorem property taxes;
</P>
<P>(7) Rent;
</P>
<P>(8) Supplies; and
</P>
<P>(9) Any other directly allocable and attributable operating or maintenance expense that you can document.
</P>
<P>(e) Allowable maintenance expenses include:
</P>
<P>(1) Maintenance of the transmission line;
</P>
<P>(2) Maintenance of equipment;
</P>
<P>(3) Maintenance labor; and
</P>
<P>(4) Other directly allocable and attributable maintenance expenses that you can document.
</P>
<P>(f) Overhead directly attributable and allocable to the operation and maintenance of the transmission line is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(g) To compute costs associated with capital investment, a lessee may use either depreciation with a return on undepreciated capital investment, or a return on capital investment in the transmission line. After a lessee has elected to use either method, the lessee may not later elect to change to the other alternative without ONRR approval.
</P>
<P>(h)(1) To compute depreciation, you must use a straight-line depreciation method based on the life of the geothermal project, usually the term of the electricity sales contract, or other depreciation period acceptable to ONRR. You may not depreciate equipment below a reasonable salvage value.
</P>
<P>(2) A change in ownership of a transmission line does not alter the depreciation schedule established by the original lessee-owner for purposes of computing transmission line costs.
</P>
<P>(3) With or without a change in ownership, you may depreciate a transmission line only once.
</P>
<P>(i) To calculate a return on undepreciated capital investment, multiply the remaining undepreciated capital balance as of the beginning of the period for which you are calculating the transmission deduction by the rate of return provided in paragraph (k) of this section.
</P>
<P>(j) To compute a return on capital investment in the transmission line, multiply the allowable capital investment in the transmission line by the rate of return determined pursuant to paragraph (k) of this section. There is no allowance for depreciation.
</P>
<P>(k) The rate of return must be 2.0 multiplied by the industrial rate associated with Standard &amp; Poor's BBB rating. The BBB rate must be the monthly average rate as published in Standard &amp; Poor's Bond Guide for the first month for which the allowance is applicable. Redetermine the rate at the beginning of each subsequent calendar year.
</P>
<P>(l) Calculate the deduction for transmission costs based on your cost of transmitting electricity through each individual transmission line.
</P>
<P>(m)(1) For new transmission facilities or arrangements, base your initial deduction on estimates of allowable electricity transmission costs for the applicable period. Use the most recently available operations data for the transmission line or, if such data are not available, use estimates based on data for similar transmission lines.
</P>
<P>(2) When actual cost information is available, you must amend your prior Form ONRR-2014 reports to reflect actual transmission costs deductions for each month for which you reported and paid based on estimated transmission costs. You must pay any additional royalties due (together with interest computed under § 1218.302 of this chapter). You are entitled to a credit for or refund of any overpaid royalties.
</P>
<P>(n) In conducting reviews and audits, ONRR may require you to submit arm's-length transmission contracts, production agreements, operating agreements, and related documents and all other data used to calculate the deduction. You must comply with any such requirements within the time ONRR specifies. Recordkeeping requirements are found at part 1212 of this chapter.
</P>
<P>(o) At the completion of transmission line dismantlement and salvage operations, you may report a credit for or request a refund of royalties in an amount equal to the royalty rate times the amount by which actual transmission line dismantlement costs exceed actual income attributable to salvage of the transmission line. 


</P>
</DIV8>


<DIV8 N="§ 1206.354" NODE="30:3.0.2.19.6.8.5.5" TYPE="SECTION">
<HEAD>§ 1206.354   How do I determine generating deductions?</HEAD>
<P>(a) If you determine the value of your geothermal resources under § 1206.352(b)(1)(i) of this subpart, you may deduct your reasonable actual costs incurred to generate electricity from the plant tailgate value of the electricity (usually the transmission-reduced value of the delivered electricity). You may deduct the actual costs you incur for generating electricity under your arm's-length power plant contract.
</P>
<P>(b)(1) You must base your generating costs deduction on your actual annual costs associated with the construction and operation of a geothermal power plant.
</P>
<P>(i) You must determine your monthly generating deduction by multiplying the annual generating cost rate (in dollars per kilowatt-hour) by the amount of plant tailgate electricity measured (or computed) for the reporting month. The generating cost rate is determined from the annual amount of your plant tailgate electricity.
</P>
<P>(ii) You must redetermine your generating cost rate annually either at the beginning of the same month of the year in which the power plant was placed into service or at a time concurrent with the beginning of your annual corporate accounting period. The period you select must coincide with the same period chosen for the transmission deduction under § 1206.353(b)(1). After you choose a deduction period, you may not later elect to use a different deduction period without ONRR approval.
</P>
<P>(2) Your generating costs are your actual power plant costs during the reporting period, including:
</P>
<P>(i) Operating and maintenance expenses under paragraphs (d) and (e) of this section;
</P>
<P>(ii) Overhead under paragraph (f) of this section; and either
</P>
<P>(iii) Depreciation under paragraphs (g) and (h) of this section and a return on undepreciated capital investment under paragraphs (g) and (i) of this section; or
</P>
<P>(iv) A return on capital investment in the power plant under paragraphs (g) and (j) of this section.
</P>
<P>(c)(1) Allowable capital costs under paragraph (b) of this section are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) that are an integral part of the power plant or are required by the design specifications of the power conversion cycle.
</P>
<P>(2)(i) You may include a return on capital you invested in the purchase of real estate for a power plant site if:
</P>
<P>(A) The purchase is necessary; and,
</P>
<P>(B) The surface is not part of the Federal lease.
</P>
<P>(ii) The rate of return will be the same rate determined under paragraph (k) of this section.
</P>
<P>(3) You may not deduct the costs of gathering systems and other production-related facilities.
</P>
<P>(d) Allowable operating expenses include:
</P>
<P>(1) Operations supervision and engineering;
</P>
<P>(2) Operations labor;
</P>
<P>(3) Auxiliary fuel and/or utilities used to operate the power plant during down time;
</P>
<P>(4) Utilities;
</P>
<P>(5) Materials;
</P>
<P>(6) Ad valorem property taxes;
</P>
<P>(7) Rent;
</P>
<P>(8) Supplies; and
</P>
<P>(9) Any other directly allocable and attributable operating expense.
</P>
<P>(e) Allowable maintenance expenses include:
</P>
<P>(1) Maintenance of the power plant;
</P>
<P>(2) Maintenance of equipment;
</P>
<P>(3) Maintenance labor; and
</P>
<P>(4) Other directly allocable and attributable maintenance expenses that you can document.
</P>
<P>(f) Overhead directly attributable and allocable to the operation and maintenance of the power plant is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(g) To compute costs associated with capital investment, a lessee may use either depreciation with a return on undepreciated capital investment, or a return on capital investment in the power plant. After a lessee has elected to use either method, the lessee may not later elect to change to the other alternative without ONRR approval.
</P>
<P>(h)(1) To compute depreciation, you must use a straight-line depreciation method based on the life of the geothermal project, usually the term of the electricity sales contract, or other depreciation period acceptable to ONRR. You may not depreciate equipment below a reasonable salvage value.
</P>
<P>(2) A change in ownership of the power plant does not alter the depreciation schedule established by the original lessee-owner for purposes of computing generating costs.
</P>
<P>(3) With or without a change in ownership, you may depreciate a power plant only once.
</P>
<P>(i) To calculate a return on undepreciated capital investment, multiply the remaining undepreciated capital balance as of the beginning of the period for which you are calculating the generating deduction allowance by the rate of return provided in paragraph (k) of this section.
</P>
<P>(j) To compute a return on capital investment in the power plant, multiply the allowable capital investment in the power plant by the rate of return determined pursuant to paragraph (k) of this section. There is no allowance for depreciation.
</P>
<P>(k) The rate of return must be 2.0 multiplied by the industrial rate associated with Standard &amp; Poor's BBB rating. The BBB rate must be the monthly average rate as published in Standard &amp; Poor's Bond Guide for the first month for which the allowance is applicable. You must redetermine the rate at the beginning of each subsequent calendar year.
</P>
<P>(l) Calculate the deduction for generating costs based on your cost of generating electricity through each individual power plant.
</P>
<P>(m)(1) For new power plants or arrangements, base your initial deduction on estimates of allowable electricity generation costs for the applicable period. Use the most recently available operations data for the power plant or, if such data are not available, use estimates based on data for similar power plants.
</P>
<P>(2) When actual cost information is available, you must amend your prior Form ONRR-2014 reports to reflect actual generating cost deductions for each month for which you reported and paid based on estimated generating costs. You must pay any additional royalties due (together with interest computed under § 1218.302 of this chapter). You are entitled to a credit for or refund of any overpaid royalties.
</P>
<P>(n) In conducting reviews and audits, ONRR may require you to submit arm's-length power plant contracts, production agreements, operating agreements, related documents and all other data used to calculate the deduction. You must comply with any such requirements within the time ONRR specifies. Recordkeeping requirements are found at part 1212 of this chapter.
</P>
<P>(o) At the completion of power plant dismantlement and salvage operations, you may report a credit for or request a refund of royalty in an amount equal to the royalty rate times the amount by which actual power plant dismantlement costs exceed actual income attributable to salvage of the power plant. 


</P>
</DIV8>


<DIV8 N="§ 1206.355" NODE="30:3.0.2.19.6.8.5.6" TYPE="SECTION">
<HEAD>§ 1206.355   How do I calculate royalty due on geothermal resources I sell at arm's length to a purchaser for direct use?</HEAD>
<P>If you sell geothermal resources produced from Class I, II, or III leases at arm's length to a purchaser for direct use, then the royalty on the geothermal resource is the gross proceeds accruing to you from the sale of the geothermal resource to the arm's-length purchaser multiplied by the royalty rate in your lease or that BLM prescribes under 43 CFR 3211.18. See § 1206.361 for additional provisions applicable to determining gross proceeds under arm's-length sales. 


</P>
</DIV8>


<DIV8 N="§ 1206.356" NODE="30:3.0.2.19.6.8.5.7" TYPE="SECTION">
<HEAD>§ 1206.356   How do I calculate royalty or fees due on geothermal resources I use for direct use purposes?</HEAD>
<P>If you use the geothermal resource for direct use:
</P>
<P>(a) For Class I leases, you must determine the royalty due on geothermal resources in accordance with the first applicable of the following three paragraphs.
</P>
<P>(1) The weighted average of the gross proceeds established in arm's-length contracts for the purchase of significant quantities of geothermal resources to operate the lessee's same direct-use facility multiplied by the royalty rate in your lease. In evaluating the acceptability of arm's-length contracts, the following factors will be considered: time of execution, duration, terms, volume, quality of resource, and such other factors as may be appropriate to reflect the value of the resource.
</P>
<P>(2) The equivalent value of the least expensive, reasonable alternative energy source (fuel) multiplied by the royalty rate in your lease. The equivalent value of the least expensive, reasonable alternative energy source will be based on the amount of thermal energy that would otherwise be used by the direct use facility in place of the geothermal resource. That amount of thermal energy (in Btu) displaced by the geothermal resource will be determined by the equation: 
</P>
<img src="/graphics/er24au23.039.gif"/>
<FP>Where h<E T="52">in</E> is the enthalpy in Btu/lb at the direct use facility inlet (based on measured inlet temperature), h<E T="52">out</E> is the enthalpy in Btu/lb at the facility outlet (based on measured outlet temperature), density is in lbs/cu ft based on inlet temperature, the factor 0.133681 (cu ft/gal) converts gallons to cubic feet, and volume is the quantity of geothermal fluid in gallons produced at the wellhead or measured at an approved point. The efficiency factor of the alternative energy source will be 0.7 for coal and 0.8 for oil, natural gas, and other fuels derived from oil and natural gas, or an efficiency factor proposed by the lessee and approved by ONRR. The methods of measuring resource parameters (temperature, volume, etc.) and the frequency of computing and accumulating the amount of thermal energy displaced will be determined and approved by BLM under 43 CFR 3275.13-3275.17.
</FP>
<P>(3) A royalty determined by any other reasonable method approved by ONRR or the Assistant Secretary, Policy, Management and Budget of the Department of the Interior, under § 1206.364 of this part.
</P>
<P>(b) For geothermal resources produced from Class II and Class III leases, you must multiply the appropriate fee from the schedule in subparagraph (b)(1) of this section by the number of gallons or pounds you produce from the direct use lease each month.
</P>
<P>(1) You must use the following fee schedule to calculate fees due under this section: 
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Direct Use Fee Schedule 
</P><P class="gpotbl_description">[Hot water]
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" colspan="2" scope="col">If your average monthly inlet temperature (°F) is 
</TH><TH class="gpotbl_colhed" colspan="2" scope="col">Your fees are . . . 
</TH></TR><TR><TH class="gpotbl_colhed" scope="col">At least . . . 
</TH><TH class="gpotbl_colhed" scope="col">But less than . . . 
</TH><TH class="gpotbl_colhed" scope="col">($/million gallons) 
</TH><TH class="gpotbl_colhed" scope="col">($/million pounds) 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">130</TD><TD align="right" class="gpotbl_cell">140</TD><TD align="right" class="gpotbl_cell">2.524</TD><TD align="right" class="gpotbl_cell">0.307 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">140</TD><TD align="right" class="gpotbl_cell">150</TD><TD align="right" class="gpotbl_cell">7.549</TD><TD align="right" class="gpotbl_cell">0.921 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">150</TD><TD align="right" class="gpotbl_cell">160</TD><TD align="right" class="gpotbl_cell">12.543</TD><TD align="right" class="gpotbl_cell">1.536
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">160</TD><TD align="right" class="gpotbl_cell">170</TD><TD align="right" class="gpotbl_cell">17.503</TD><TD align="right" class="gpotbl_cell">2.150
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">170</TD><TD align="right" class="gpotbl_cell">180</TD><TD align="right" class="gpotbl_cell">22.426</TD><TD align="right" class="gpotbl_cell">2.764
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">180</TD><TD align="right" class="gpotbl_cell">190</TD><TD align="right" class="gpotbl_cell">27.310</TD><TD align="right" class="gpotbl_cell">3.379
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">190</TD><TD align="right" class="gpotbl_cell">200</TD><TD align="right" class="gpotbl_cell">32.153</TD><TD align="right" class="gpotbl_cell">3.993
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">200</TD><TD align="right" class="gpotbl_cell">210</TD><TD align="right" class="gpotbl_cell">36.955</TD><TD align="right" class="gpotbl_cell">4.607 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">210</TD><TD align="right" class="gpotbl_cell">220</TD><TD align="right" class="gpotbl_cell">41.710</TD><TD align="right" class="gpotbl_cell">5.221 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">220</TD><TD align="right" class="gpotbl_cell">230</TD><TD align="right" class="gpotbl_cell">46.417</TD><TD align="right" class="gpotbl_cell">5.836 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">230</TD><TD align="right" class="gpotbl_cell">240</TD><TD align="right" class="gpotbl_cell">51.075</TD><TD align="right" class="gpotbl_cell">6.450 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">240</TD><TD align="right" class="gpotbl_cell">250</TD><TD align="right" class="gpotbl_cell">55.682</TD><TD align="right" class="gpotbl_cell">7.064 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">250</TD><TD align="right" class="gpotbl_cell">260</TD><TD align="right" class="gpotbl_cell">60.236</TD><TD align="right" class="gpotbl_cell">7.679 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">260</TD><TD align="right" class="gpotbl_cell">270</TD><TD align="right" class="gpotbl_cell">64.736</TD><TD align="right" class="gpotbl_cell">8.293 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">270</TD><TD align="right" class="gpotbl_cell">280</TD><TD align="right" class="gpotbl_cell">69.176</TD><TD align="right" class="gpotbl_cell">8.907 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">280</TD><TD align="right" class="gpotbl_cell">290</TD><TD align="right" class="gpotbl_cell">73.558</TD><TD align="right" class="gpotbl_cell">9.521 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">290</TD><TD align="right" class="gpotbl_cell">300</TD><TD align="right" class="gpotbl_cell">77.876</TD><TD align="right" class="gpotbl_cell">10.136 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">300</TD><TD align="right" class="gpotbl_cell">310</TD><TD align="right" class="gpotbl_cell">82.133</TD><TD align="right" class="gpotbl_cell">10.750 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">310</TD><TD align="right" class="gpotbl_cell">320</TD><TD align="right" class="gpotbl_cell">86.328</TD><TD align="right" class="gpotbl_cell">11.364 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">320</TD><TD align="right" class="gpotbl_cell">330</TD><TD align="right" class="gpotbl_cell">90.445</TD><TD align="right" class="gpotbl_cell">11.979 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">330</TD><TD align="right" class="gpotbl_cell">340</TD><TD align="right" class="gpotbl_cell">94.501</TD><TD align="right" class="gpotbl_cell">12.593 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">340</TD><TD align="right" class="gpotbl_cell">350</TD><TD align="right" class="gpotbl_cell">98.481</TD><TD align="right" class="gpotbl_cell">13.207 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">350</TD><TD align="right" class="gpotbl_cell">360</TD><TD align="right" class="gpotbl_cell">102.387</TD><TD align="right" class="gpotbl_cell">13.821</TD></TR></TABLE></DIV></DIV>
<P>(i) For direct use geothermal resources with an average monthly inlet temperature of 130 °F or less, you must pay only the lease rental.
</P>
<P>(ii) The ONRR, in consultation with BLM, will develop and publish a revised fee schedule in the <E T="04">Federal Register,</E> as needed.
</P>
<P>(iii) ONRR, in consultation with BLM, will calculate revised fees schedules using the following formulas: 
</P>
<MATH BORDER="NODRAW" DEEP="55" HTYPE="CENTER" POSITION="NOFLOAT" ROTATION="P" SPAN="2" STRIP="YES">
<img src="/graphics/er02my07.004.gif"/></MATH>
<EXTRACT>
<FP>Where:
</FP>
<FP-2>R<E T="52">V</E> = Royalty due as a function of produced volume in the fee schedule, expressed as dollars per million (10
<SU>6</SU>) gallons; 
</FP-2>
<FP-2>R<E T="52">m</E> = Royalty due as a function of produced mass in the fee schedule, expressed as dollars per million (10
<SU>6</SU>) pounds; 
</FP-2>
<FP-2>ρ[rho] = Water density at inlet temperature expressed as lbs per gallon; 
</FP-2>
<FP-2>T<E T="52">in</E> = Measured inlet temperature in °F (as required by BLM under 43 CFR part 3275); 
</FP-2>
<FP-2>T<E T="52">out</E> = Established assumed outlet temperature of 130 °F; 
</FP-2>
<FP-2>e = Boiler Efficiency Factor for coal of 70 percent; 
</FP-2>
<FP-2>P<E T="52">prbc</E> = The 3-year historical average of Powder River Basin spot coal prices, as published by the Energy Information Administration, or other recognized authoritative reference source of coal prices, in dollars (per MMBtu); 
</FP-2>
<FP-2>F<E T="52">rr</E> = The assumed Lease Royalty Rate of 10 percent.</FP-2></EXTRACT>
<P>(2) The fee that you report is subject to monitoring, review, and audit.
</P>
<P>(3) The schedule of fees established under this paragraph will apply to any Class III lease with respect to any royalty payments previously made when the lease was a Class I lease that were due and owing, and were paid, on or after July 16, 2003. To use this provision, you must provide ONRR data showing the amount of geothermal production in pounds or gallons of geothermal fluid to input into the fee schedule (see 43 CFR part 3276).
</P>
<P>(i) If the royalties you previously paid are less than the fees due under this section, you must pay the difference plus interest on that difference computed under § 1218.302 of this chapter.
</P>
<P>(ii) If the royalties you previously paid are more than the fees due under this section, then you are entitled to a refund or credit from ONRR of 50 percent of the overpaid royalties. You are also entitled to a refund or credit of any interest that you paid on the overpaid royalties.
</P>
<P>(c) For geothermal resources other than hot water, ONRR will determine fees on a case-by-case basis. 
</P>
<CITA TYPE="N">[72 FR 24459, May 2, 2007, as amended at 76 FR 76615, Dec. 8, 2011; 88 FR 57882, Aug. 24, 2023]




</CITA>
</DIV8>


<DIV8 N="§ 1206.357" NODE="30:3.0.2.19.6.8.5.8" TYPE="SECTION">
<HEAD>§ 1206.357   How do I calculate royalty due on byproducts?</HEAD>
<P>(a) If you sell byproducts, you must determine the royalty due on the byproducts that are royalty-bearing under:
</P>
<P>(1) Applicable lease terms of Class I leases and of Class III leases that do not elect to be subject to all of the BLM regulations promulgated for leases issued after August 8, 2005, under 43 CFR 3200.7(a)(2), or
</P>
<P>(2) Applicable statutory provisions at 30 U.S.C. 1004(a)(2) for Class II leases and for Class III leases that do elect to be subject to all of the BLM regulations promulgated for leases issued after August 8, 2005, under 43 CFR 3200.7(a)(2).
</P>
<P>(b) You must determine the royalty due on the byproducts by multiplying the royalty rate in your lease or that BLM prescribes under 43 CFR 3211.19 by a value of the byproducts determined in accordance with the first applicable of the following subparagraphs:
</P>
<P>(1) The gross proceeds accruing to you from the arm's-length sale of the byproducts, less any applicable byproduct transportation allowances determined under §§ 1206.358 and 1206.359. See § 1206.361 for additional provisions applicable to determining gross proceeds;
</P>
<P>(2) Other relevant matters including, but not limited to, published or publicly available spot-market prices, or information submitted by the lessee concerning circumstances unique to a particular lease operation or the saleability of certain byproducts; or
</P>
<P>(3) Any other reasonable valuation method approved by ONRR. 


</P>
</DIV8>


<DIV8 N="§ 1206.358" NODE="30:3.0.2.19.6.8.5.9" TYPE="SECTION">
<HEAD>§ 1206.358   What are byproduct transportation allowances?</HEAD>
<P>(a) When you determine the value of byproducts at a point off the geothermal lease, unit, or participating area, you are allowed a deduction in determining value, for royalty purposes, for your reasonable, actual costs incurred to:
</P>
<P>(1) Transport the byproducts from a Federal lease, unit, or participating area to a sales point or point of delivery that is off the lease, unit, or participating area; or
</P>
<P>(2) Transport the byproducts from a Federal lease, unit, or participating area, or from a geothermal use facility to a byproduct recovery facility when that byproduct recovery facility is off the lease, unit, or participating area and, if applicable, from the recovery facility to a sales point or point of delivery off the lease, unit, or participating area.
</P>
<P>(b) Costs for transporting geothermal fluids from the lease to the geothermal use facility, whether on or off the lease, are not includible in the byproduct transportation allowance.
</P>
<P>(c)(1) When you transport byproducts from a lease, unit, participating area, or geothermal use facility to a byproduct recovery facility, you are not required to allocate transportation costs between the quantity of marketable byproducts and the rejected waste material. The byproduct transportation allowance is authorized for the total production that is transported. You must express byproduct transportation allowances as a cost per unit of marketable byproducts transported.
</P>
<P>(2) For byproducts that are extracted on the lease, unit, participating area, or at the geothermal use facility, the byproduct transportation allowance is authorized for the total byproduct that is transported to a point of sale off the lease, unit, or participating area. You must express byproduct transportation allowances as a cost per unit of byproduct transported.
</P>
<P>(3) You may deduct transportation costs only when you sell, deliver, or otherwise utilize the transported byproduct and report and pay royalties on the byproduct.
</P>
<P>(d) <I>Reporting requirements.</I> (1) You must use a discrete field on Form ONRR-2014 to notify ONRR of a transportation allowance.
</P>
<P>(2) In conducting reviews and audits, ONRR may require you to submit arm's-length transportation contracts, production agreements, operating agreements, and related documents. You must comply with any such requirements within the time ONRR specifies. Recordkeeping requirements are found at part 1212 of this chapter.
</P>
<P>(e) Byproduct transportation allowances are subject to monitoring, review, and audit. If, after a review or audit, ONRR determines that you have improperly determined a byproduct transportation allowance, you must pay any additional royalties due (plus interest computed under § 1218.302 of this chapter). You are entitled to a credit for or refund of any overpaid royalties.
</P>
<P>(f) If you commingled byproducts produced from Federal and non-Federal leases for transportation, you may not disproportionately allocate transportation costs to Federal lease production. 


</P>
</DIV8>


<DIV8 N="§ 1206.359" NODE="30:3.0.2.19.6.8.5.10" TYPE="SECTION">
<HEAD>§ 1206.359   How do I determine byproduct transportation allowances?</HEAD>
<P>(a) For transportation costs you incur under an arm's-length contract, the transportation allowance will be the reasonable, actual costs you incurred for transporting the byproducts under that contract.
</P>
<P>(1) In conducting reviews and audits, ONRR will examine whether the contract reflects more than the consideration actually transferred either directly or indirectly from you to the transporter for the transportation. If the contract reflects more than the total consideration you paid, ONRR may require you to determine the byproduct transportation allowance under paragraph (b) of this section.
</P>
<P>(2) If ONRR determines that the consideration you paid under an arm's-length byproduct transportation contract does not reflect the reasonable value of the transportation because of misconduct by or between the contracting parties, or because you otherwise have breached your duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, ONRR will require you to determine the byproduct transportation allowance under paragraph (b) of this section. When ONRR determines that the value of the transportation may be unreasonable, ONRR will notify you and give you an opportunity to provide written information justifying your transportation costs.
</P>
<P>(3) Where your payments for transportation under an arm's-length contract are not established on a dollars-per-unit basis, you must convert whatever consideration you paid to a dollar value equivalent for the purposes of this section.
</P>
<P>(b) If you transport the byproduct yourself or under a non-arm's-length transportation arrangement, the byproduct transportation allowance is your reasonable actual costs for transportation during the reporting period, including:
</P>
<P>(1) Operating and maintenance expenses under paragraphs (d) and (e) of this section;
</P>
<P>(2) Overhead under paragraph (f) of this section; and either
</P>
<P>(3) Depreciation under paragraphs (g) and (h) of this section and a return on undepreciated capital investment under paragraphs (g) and (i) of this section; or
</P>
<P>(4) A return on capital investment in the transportation system under paragraphs (g) and (j) of this section.
</P>
<P>(c)(1) Allowable capital costs under paragraph (b) of this section are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) that are an integral part of the transportation system.
</P>
<P>(2)(i) You may include a return on capital you invested in the purchase of real estate to locate the byproduct transportation facilities if:
</P>
<P>(A) The purchase is necessary; and
</P>
<P>(B) The surface is not part of a Federal lease.
</P>
<P>(ii) The rate of return will be the same rate determined in paragraph (k) of this section.
</P>
<P>(3) You may not deduct the costs of gathering systems and other production-related facilities.
</P>
<P>(d) Allowable operating expenses include:
</P>
<P>(1) Operations supervision and engineering;
</P>
<P>(2) Operations labor;
</P>
<P>(3) Fuel;
</P>
<P>(4) Utilities;
</P>
<P>(5) Materials;
</P>
<P>(6) Ad valorem property taxes;
</P>
<P>(7) Rent;
</P>
<P>(8) Supplies; and
</P>
<P>(9) Any other directly allocable and attributable operating expense that you can document.
</P>
<P>(e) Allowable maintenance expenses include:
</P>
<P>(1) Maintenance of the transportation system;
</P>
<P>(2) Maintenance of equipment; 
</P>
<P>(3) Maintenance labor; and
</P>
<P>(4) Other directly allocable and attributable maintenance expenses that you can document.
</P>
<P>(f) Overhead directly attributable and allocable to the operation and maintenance of the transportation system is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(g) To compute costs associated with capital investment, a lessee may use either paragraphs (h) and (i) or paragraph (j) of this section. After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without ONRR approval.
</P>
<P>(h)(1) To compute depreciation, you must use a straight-line depreciation method based on either the life of the equipment or the life of the geothermal project which the transportation system services. After you choose the basis for depreciation, you may not change that basis without ONRR approval. You may not depreciate equipment below a reasonable salvage value.
</P>
<P>(2) A change in ownership of a transportation system does not alter the depreciation schedule established by the original lessee-owner for purposes of computing transportation costs.
</P>
<P>(3) With or without a change in ownership, you may depreciate a transportation system only once.
</P>
<P>(i) To calculate a return on undepreciated capital investment, multiply the remaining undepreciated capital balance as of the beginning of the period for which you are calculating the transportation allowance by the rate of return provided in paragraph (k) of this section.
</P>
<P>(j) To compute a return on capital investment in the transportation system, the allowed cost will be the amount equal to the allowable capital investment in the transportation system multiplied by the rate of return determined pursuant to paragraph (k) of this section. There is no allowance for depreciation.
</P>
<P>(k) The rate of return must be the industrial rate associated with Standard &amp; Poor's BBB rating. The BBB rate must be the monthly average rate as published in Standard &amp; Poor's Bond Guide for the first month for which the allowance is applicable. You must redetermine the rate at the beginning of each subsequent calendar year.
</P>
<P>(l)(1) For new transportation facilities or arrangements, base your initial deduction on estimates of allowable byproduct transportation costs for the applicable period. Use the most recently available operations data for the transportation system or, if such data are not available, use estimates based on data for similar transportation systems.
</P>
<P>(2) When actual cost information is available, you must amend your prior Form ONRR-2014 reports to reflect actual byproduct transportation cost deductions for each month for which you reported and paid based on estimated byproduct transportation costs. You must pay any additional royalties due (together with interest computed under § 1218.302 of this chapter). You are entitled to a credit for or a refund of any overpaid royalties. 


</P>
</DIV8>


<DIV8 N="§ 1206.360" NODE="30:3.0.2.19.6.8.5.11" TYPE="SECTION">
<HEAD>§ 1206.360   What records must I keep to support my calculations of royalty or fees under this subpart?</HEAD>
<P>If you determine royalties or direct use fees for your geothermal resource under this subpart, you must retain all data relevant to the determination of the royalty value or the fee you paid. Recordkeeping requirements are found at part 1212 of this chapter.
</P>
<P>(a) You must be able to show: 
</P>
<P>(1) How you calculated the royalty value or fee you reported, including all allowable deductions; and
</P>
<P>(2) How you complied with this subpart.
</P>
<P>(b) Upon request, you must submit all data to ONRR. You must comply with any such requirement within the time ONRR specifies. 


</P>
</DIV8>


<DIV8 N="§ 1206.361" NODE="30:3.0.2.19.6.8.5.12" TYPE="SECTION">
<HEAD>§ 1206.361   How will ONRR determine whether my royalty or direct use fee payments are correct?</HEAD>
<P>(a)(1) The royalties or direct use fees that you report are subject to monitoring, review, and audit. The ONRR may review and audit your data, and ONRR will direct you to use a different measure of royalty value, gross proceeds, or fee, whichever is applicable, if it determines that the reported value, gross proceeds, or fee is inconsistent with the requirements of this subpart.
</P>
<P>(2) If ONRR directs you to use a different royalty value, measure of gross proceeds, or fee, you must either pay any royalties or fees due (together with interest computed under § 1218.302 of this chapter) or report a credit for or request a refund of any overpaid royalties or fees.
</P>
<P>(b) When the provisions in this subpart refer to gross proceeds either for the sale of electricity or the sale of a geothermal resource, in conducting reviews and audits ONRR will examine whether your sales contract reflects the total consideration actually transferred, either directly or indirectly, from the buyer to you for the geothermal resource or electricity. If ONRR determines that a contract does not reflect the total consideration, or the gross proceeds accruing to you under a contract do not reflect reasonable consideration because of misconduct by or between the contracting parties, or because you otherwise have breached your duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, ONRR may require you to increase the gross proceeds to reflect any additional consideration. Alternatively, for Class I leases, ONRR may require you to use another valuation method in the regulations applicable to dispositions other than under an arm's-length contract. ONRR will notify you to give you an opportunity to provide written information justifying your gross proceeds.
</P>
<P>(c) For arm's-length sales, you have the burden of demonstrating that your contract is arm's length.
</P>
<P>(d) ONRR may require you to certify that the provisions in your sales contract include all of the consideration the buyer paid you, either directly or indirectly, for the electricity or geothermal resource.
</P>
<P>(e) Notwithstanding any other provision of this subpart, under no circumstances will the value of production for royalty purposes under a Class I lease where the geothermal resources are sold before use be less than the gross proceeds accruing to you.
</P>
<P>(f) Gross proceeds for the sale of electricity or for the sale of the geothermal resource will be based on the highest price a prudent lessee can receive through legally enforceable claims under its contract.
</P>
<P>(1) Absent contract revision or amendment, if you fail to take proper or timely action to receive prices or benefits to which you are entitled, you must pay royalty based upon that obtainable price or benefit.
</P>
<P>(2) Contract revisions or amendments you make must be in writing and signed by all parties to the contract.
</P>
<P>(3) If you make timely application for a price increase or benefit allowed under your contract, but the purchaser refuses and you take reasonable measures, which are documented, to force purchaser compliance, you will owe no additional royalties unless or until you receive additional monies or consideration resulting from the price increase. This paragraph (f)(3) will not be construed to permit you to avoid your royalty payment obligation in situations where a purchaser fails to pay, in whole or in part or timely, for a quantity of geothermal resources or electricity. 


</P>
</DIV8>


<DIV8 N="§ 1206.362" NODE="30:3.0.2.19.6.8.5.13" TYPE="SECTION">
<HEAD>§ 1206.362   What are my responsibilities to place production into marketable condition and to market production?</HEAD>
<P>You must place geothermal resources and byproducts in marketable condition and market the geothermal resources or byproducts for the mutual benefit of the lessee and the lessor at no cost to the Federal Government. If you use gross proceeds under an arm's-length contract in determining royalty, you must increase those gross proceeds to the extent that the purchaser, or any other person, provides certain services that the seller normally would be responsible to perform to place the geothermal resources or byproducts in marketable condition or to market the geothermal resources or byproducts. 


</P>
</DIV8>


<DIV8 N="§ 1206.363" NODE="30:3.0.2.19.6.8.5.14" TYPE="SECTION">
<HEAD>§ 1206.363   When is an ONRR audit, review, reconciliation, monitoring, or other like process considered final?</HEAD>
<P>Notwithstanding any provision in these regulations to the contrary, no audit, review, reconciliation, monitoring, or other like process that results in a redetermination by ONRR of royalty or fees due under this subpart is considered final or binding as against the Federal Government or its beneficiaries until ONRR formally closes the audit period in writing. 


</P>
</DIV8>


<DIV8 N="§ 1206.364" NODE="30:3.0.2.19.6.8.5.15" TYPE="SECTION">
<HEAD>§ 1206.364   How do I request a value or gross proceeds determination?</HEAD>
<P>(a) You may request a value determination from ONRR regarding any geothermal resources produced from a Class I lease or for byproducts produced from a Class I, Class II, or Class III lease. You may also request a gross proceeds determination for a Class II or Class III lease. Your request must:
</P>
<P>(1) Be in writing;
</P>
<P>(2) Identify specifically all leases involved, all owners of interests in those leases, and the operator(s) for those leases;
</P>
<P>(3) Completely explain all relevant facts. You must inform ONRR of any changes to relevant facts that occur before we respond to your request;
</P>
<P>(4) Include copies of all relevant documents;
</P>
<P>(5) Provide your analysis of the issue(s), including citations to all relevant precedents (including adverse precedents); and
</P>
<P>(6) Suggest your proposed gross proceeds calculation or valuation method.
</P>
<P>(b) In response to your request:
</P>
<P>(1) The Assistant Secretary, Policy, Management and Budget, may issue a determination; or
</P>
<P>(2) ONRR may issue a determination; or
</P>
<P>(3) ONRR may inform you in writing that ONRR will not provide a determination. Situations in which ONRR typically will not provide any determination include, but are not limited to:
</P>
<P>(i) Requests for guidance on hypothetical situations; and
</P>
<P>(ii) Matters that are the subject of pending litigation or administrative appeals.
</P>
<P>(c)(1) A determination signed by the Assistant Secretary, Policy, Management and Budget, is binding on both you and ONRR until the Assistant Secretary modifies or rescinds it.
</P>
<P>(2) After the Assistant Secretary issues a determination, you must make any adjustments in royalty payments that follow from the determination and, if you owe additional royalties, pay the royalties owed together with late payment interest computed under § 1218.302 of this chapter.
</P>
<P>(3) A determination signed by the Assistant Secretary is the final action of the Department and is subject to judicial review under 5 U.S.C. 701-706.
</P>
<P>(d) A determination issued by ONRR is binding on ONRR and delegated States, but not on you, with respect to the specific situation addressed in the determination unless ONRR (for ONRR-issued determinations) or the Assistant Secretary modifies or rescinds it.
</P>
<P>(1) A determination by ONRR is not an appealable decision or order under 30 CFR part 1290.
</P>
<P>(2) If you receive an order requiring you to pay royalty on the same basis as the determination, you may appeal that order under 30 CFR part 1290.
</P>
<P>(e) In making a determination, ONRR or the Assistant Secretary may use any of the applicable criteria in this subpart.
</P>
<P>(f) A change in an applicable statute or regulation on which any determination is based takes precedence over the determination after the effective date of the statute or regulation, regardless of whether ONRR or the Assistant Secretary modifies or rescinds the determination.
</P>
<P>(g) ONRR or the Assistant Secretary generally will not retroactively modify or rescind a determination issued under paragraph (d) of this section, unless:
</P>
<P>(1) There was a misstatement or omission of material facts; or
</P>
<P>(2) The facts subsequently developed are materially different from the facts on which the guidance was based.
</P>
<P>(h) ONRR may make requests and replies under this section available to the public, subject to the confidentiality requirements under § 1206.365. 
</P>
<CITA TYPE="N">[72 FR 24459, May 2, 2007, as amended at 78 FR 30204, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1206.365" NODE="30:3.0.2.19.6.8.5.16" TYPE="SECTION">
<HEAD>§ 1206.365   Does ONRR protect information I provide?</HEAD>
<P>Certain information you submit to ONRR regarding royalties or fees on geothermal resources or byproducts, including deductions and allowances, may be exempt from disclosure. To the extent applicable laws and regulations permit, ONRR will keep confidential any data you submit that is privileged, confidential, or otherwise exempt from disclosure. All requests for information must be submitted under the Freedom of Information Act regulations of the Department of the Interior at 43 CFR part 2. 


</P>
</DIV8>


<DIV8 N="§ 1206.366" NODE="30:3.0.2.19.6.8.5.17" TYPE="SECTION">
<HEAD>§ 1206.366   What is the nominal fee that a State, tribal, or local government lessee must pay for the use of geothermal resources?</HEAD>
<P>If a State, tribal, or local government lessee uses a geothermal resource without sale and for public purposes—other than commercial production or generation of electricity—the State, tribal, or local government lessee must pay a nominal fee. A nominal fee means a slight or <I>de minimis</I> fee. ONRR will determine the fee on a case-by-case basis.


</P>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:3.0.2.19.6.9" TYPE="SUBPART">
<HEAD>Subpart I—OCS Sulfur [Reserved]</HEAD>

</DIV6>


<DIV6 N="J" NODE="30:3.0.2.19.6.10" TYPE="SUBPART">
<HEAD>Subpart J—Indian Coal</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 47012, July 21, 2023, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1206.450" NODE="30:3.0.2.19.6.10.5.1" TYPE="SECTION">
<HEAD>§ 1206.450   What is the purpose and scope of this subpart?</HEAD>
<P>(a) This subpart prescribes the procedures to establish the value, for royalty purposes, of all coal from Indian Tribal and allotted leases (except leases on the Osage Indian Reservation, Osage County, Oklahoma).
</P>
<P>(b) If the specific provisions of any statute, treaty, or settlement agreement between the Indian lessor and a lessee resulting from administrative or judicial litigation, or any coal lease subject to the requirements of this subpart, are inconsistent with any regulation in this subpart, then the statute, treaty, lease provision, or settlement shall govern to the extent of that inconsistency.
</P>
<P>(c) ONRR may audit and order you to adjust all royalty payments. ONRR or an authorized Tribe may require you to provide records for the audit by one or more of the methods specified in 30 CFR 1217.10.
</P>
<P>(d) The regulations in this subpart are intended to ensure that the trust responsibilities of the United States with respect to the administration of Indian coal leases are discharged in accordance with the requirements of the governing mineral leasing laws, treaties, and lease terms.
</P>
<CITA TYPE="N">[88 FR 47012, July 21, 2023, as amended at 88 FR 53792, Aug. 9, 2023]




</CITA>
</DIV8>


<DIV8 N="§ 1206.451" NODE="30:3.0.2.19.6.10.5.2" TYPE="SECTION">
<HEAD>§ 1206.451   Definitions.</HEAD>
<P>The definitions in § 1206.20 do not apply to this subpart. For purposes of this subpart:
</P>
<P><I>Ad valorem lease</I> means a lease where the royalty due to the lessor is based upon a percentage of the amount or value of the coal.
</P>
<P><I>Allowance</I> means an approved, or an ONRR-initially accepted deduction in determining value for royalty purposes. Coal washing allowance means an allowance for the reasonable, actual costs incurred by the lessee for coal washing, or an approved or ONRR-initially accepted deduction for the costs of washing coal, determined pursuant to this subpart. Transportation allowance means an allowance for the reasonable, actual costs incurred by the lessee for moving coal to a point of sale or point of delivery remote from both the lease and mine or wash plant, or an approved ONRR-initially accepted deduction for costs of such transportation, determined pursuant to this subpart.
</P>
<P><I>Area</I> means a geographic region in which coal has similar quality and economic characteristics. Area boundaries are not officially designated and the areas are not necessarily named.
</P>
<P><I>Arm's-length contract</I> means a contract or agreement that has been arrived at in the marketplace between independent, nonaffiliated persons with opposing economic interests regarding that contract. For purposes of this subpart, two persons are affiliated if one person controls, is controlled by, or is under common control with another person. For purposes of this subpart, based on the instruments of ownership of the voting securities of an entity, or based on other forms of ownership: ownership in excess of 50 percent constitutes control; ownership of 10 through 50 percent creates a presumption of control; and ownership of less than 10 percent creates a presumption of noncontrol which ONRR may rebut if it demonstrates actual or legal control, including the existence of interlocking directorates. Notwithstanding any other provisions of this subpart, contracts between relatives, either by blood or by marriage, are not arm's-length contracts. ONRR may require the lessee to certify ownership control. To be considered arm's-length for any production month, a contract must meet the requirements of this definition for that production month, as well as when the contract was executed.
</P>
<P><I>Audit</I> means a review, conducted in accordance with generally accepted accounting and auditing standards, of royalty payment compliance activities of lessees or other interest holders who pay royalties, rents, or bonuses on Indian leases.
</P>
<P><I>BIA</I> means the Bureau of Indian Affairs of the Department of the Interior.
</P>
<P><I>BLM</I> means the Bureau of Land Management of the Department of the Interior.
</P>
<P><I>Coal</I> means coal of all ranks from lignite through anthracite.
</P>
<P><I>Coal washing</I> means any treatment to remove impurities from coal. Coal washing may include, but is not limited to, operations such as flotation, air, water, or heavy media separation; drying; and related handling (or combination thereof).
</P>
<P><I>Contract</I> means any oral or written agreement, including amendments or revisions thereto, between two or more persons and enforceable by law that with due consideration creates an obligation.
</P>
<P><I>Gross proceeds</I> (for royalty payment purposes) means the total monies and other consideration accruing to a coal lessee for the production and disposition of the coal produced. Gross proceeds includes, but is not limited to, payments to the lessee for certain services such as crushing, sizing, screening, storing, mixing, loading, treatment with substances including chemicals or oils, and other preparation of the coal to the extent that the lessee is obligated to perform them at no cost to the Indian lessor. Gross proceeds, as applied to coal, also includes but is not limited to reimbursements for royalties, taxes or fees, and other reimbursements. Tax reimbursements are part of the gross proceeds accruing to a lessee even though the Indian royalty interest may be exempt from taxation. Monies and other consideration, including the forms of consideration identified in this paragraph, to which a lessee is contractually or legally entitled but which it does not seek to collect through reasonable efforts are also part of gross proceeds.
</P>
<P><I>Indian allottee</I> means any Indian for whom land or an interest in land is held in trust by the United States or who holds title subject to Federal restriction against alienation.
</P>
<P><I>Indian Tribe</I> means any Indian Tribe, band, nation, pueblo, community, rancheria, colony, or other group of Indians for which any land or interest in land is held in trust by the United States or which is subject to Federal restriction against alienation.
</P>
<P><I>Lease</I> means any contract, profit-share arrangement, joint venture, or other agreement issued or approved by the United States for an Indian coal resource under a mineral leasing law that authorizes exploration for, development or extraction of, or removal of coal—or the land covered by that authorization, whichever is required by the context.
</P>
<P><I>Lessee</I> means any person to whom the Indian Tribe or an Indian allottee issues a lease, and any person who has been assigned an obligation to make royalty or other payments required by the lease. This includes any person who has an interest in a lease as well as an operator or payor who has no interest in the lease but who has assumed the royalty payment responsibility.
</P>
<P><I>Like-quality coal</I> means coal that has similar chemical and physical characteristics.
</P>
<P><I>Marketable condition</I> means coal that is sufficiently free from impurities and otherwise in a condition that it will be accepted by a purchaser under a sales contract typical for that area.
</P>
<P><I>Mine</I> means an underground or surface excavation or series of excavations and the surface or underground support facilities that contribute directly or indirectly to mining, production, preparation, and handling of lease products.
</P>
<P><I>Net-back method</I> means a method for calculating market value of coal at the lease or mine. Under this method, costs of transportation, washing, handling, etc., are deducted from the ultimate proceeds received for the coal at the first point at which reasonable values for the coal may be determined by a sale pursuant to an arm's-length contract or by comparison to other sales of coal, to ascertain value at the mine.
</P>
<P><I>Net output</I> means the quantity of washed coal that a washing plant produces.
</P>
<P><I>ONRR</I> means the Office of Natural Resources Revenue of the Department of the Interior.
</P>
<P><I>Person</I> means by individual, firm, corporation, association, partnership, consortium, or joint venture.
</P>
<P><I>Sales type code</I> means the contract type or general disposition (<I>e.g.,</I> arm's-length or non-arm's-length) of production from the lease. The sales type code applies to the sales contract, or other disposition, and not to the arm's-length or non-arm's-length nature of a transportation or washing allowance.
</P>
<P><I>Spot market price</I> means the price received under any sales transaction when planned or actual deliveries span a short period of time, usually not exceeding one year.




</P>
</DIV8>


<DIV8 N="§ 1206.452" NODE="30:3.0.2.19.6.10.5.3" TYPE="SECTION">
<HEAD>§ 1206.452   Coal subject to royalties—general provisions.</HEAD>
<P>(a) All coal (except coal unavoidably lost as determined by BLM pursuant to 43 CFR group 3400) from an Indian lease subject to this part is subject to royalty. This includes coal used, sold, or otherwise disposed of by the lessee on or off the lease.
</P>
<P>(b) If a lessee receives compensation for unavoidably lost coal through insurance coverage or other arrangements, royalties at the rate specified in the lease are to be paid on the amount of compensation received for the coal. No royalty is due on insurance compensation received by the lessee for other losses.
</P>
<P>(c) If waste piles or slurry ponds are reworked to recover coal, the lessee shall pay royalty at the rate specified in the lease at the time the recovered coal is used, sold, or otherwise finally disposed of. The royalty rate shall be that rate applicable to the production method used to initially mine coal in the waste pile or slurry pond; <I>i.e.,</I> underground mining method or surface mining method. Coal in waste pits or slurry ponds initially mined from Indian leases shall be allocated to such leases regardless of whether it is stored on Indian lands. The lessee shall maintain accurate records to determine to which individual Indian lease coal in the waste pit or slurry pond should be allocated. However, nothing in this section requires payment of a royalty on coal for which a royalty has already been paid.




</P>
</DIV8>


<DIV8 N="§ 1206.453" NODE="30:3.0.2.19.6.10.5.4" TYPE="SECTION">
<HEAD>§ 1206.453   Quality and quantity measurement standards for reporting and paying royalties.</HEAD>
<P>For all leases subject to this subpart, the quantity of coal on which royalty is due shall be measured in short tons (of 2,000 pounds each) by methods prescribed by the BLM. Coal quantity information will be reported on appropriate forms required under part 1210 of this subchapter.




</P>
</DIV8>


<DIV8 N="§ 1206.454" NODE="30:3.0.2.19.6.10.5.5" TYPE="SECTION">
<HEAD>§ 1206.454   Point of royalty determination.</HEAD>
<P>(a) For all leases subject to this subpart, royalty shall be computed on the basis of the quantity and quality of Indian coal in marketable condition measured at the point of royalty measurement as determined jointly by BLM and ONRR.
</P>
<P>(b) Coal produced and added to stockpiles or inventory does not require payment of royalty until such coal is later used, sold, or otherwise finally disposed of. ONRR may ask BLM or BIA to increase the lease bond to protect the lessor's interest when BLM determines that stockpiles or inventory become excessive so as to increase the risk of degradation of the resource.
</P>
<P>(c) The lessee shall pay royalty at a rate specified in the lease at the time the coal is used, sold, or otherwise finally disposed of, unless otherwise provided for at § 1206.455(d).




</P>
</DIV8>


<DIV8 N="§ 1206.455" NODE="30:3.0.2.19.6.10.5.6" TYPE="SECTION">
<HEAD>§ 1206.455   Valuation standards for cents-per-ton leases.</HEAD>
<P>(a) This section is applicable to coal leases on Indian Tribal and allotted Indian lands (except leases on the Osage Indian Reservation, Osage County, Oklahoma) which provide for the determination of royalty on a cents-per-ton (or other quantity) basis.
</P>
<P>(b) The royalty for coal from leases subject to this section shall be based on the dollar rate per ton prescribed in the lease. That dollar rate shall be applicable to the actual quantity of coal used, sold, or otherwise finally disposed of, including coal which is avoidably lost as determined by BLM pursuant to 43 CFR part 3400.
</P>
<P>(c) For leases subject to this section, there shall be no allowances for transportation, removal of impurities, coal washing, or any other processing or preparation of the coal.
</P>
<P>(d) When a coal lease is readjusted pursuant to 43 CFR part 3400 and the royalty valuation method changes from a cents-per-ton basis to an ad valorem basis, coal which is produced prior to the effective date of readjustment and sold or used within 30 days of the effective date of readjustment shall be valued pursuant to this section. All coal that is not used, sold, or otherwise finally disposed of within 30 days after the effective date of readjustment shall be valued pursuant to the provisions of § 1206.456, and royalties shall be paid at the royalty rate specified in the readjusted lease.




</P>
</DIV8>


<DIV8 N="§ 1206.456" NODE="30:3.0.2.19.6.10.5.7" TYPE="SECTION">
<HEAD>§ 1206.456   Valuation standards for ad valorem leases.</HEAD>
<P>(a) This section is applicable to coal leases on Indian Tribal and allotted Indian lands (except leases on the Osage Indian Reservation, Osage County, Oklahoma) which provide for the determination of royalty as a percentage of the amount of value of coal (ad valorem). The value for royalty purposes of coal from such leases shall be the value of coal determined pursuant to this section, less applicable coal washing allowances and transportation allowances determined pursuant to §§ 1206.457 through 1206.461, or any allowance authorized by § 1206.464. The royalty due shall be equal to the value for royalty purposes multiplied by the royalty rate in the lease.
</P>
<P>(b)(1) The value of coal that is sold pursuant to an arm's-length contract shall be the gross proceeds accruing to the lessee, except as provided in paragraphs (b)(2), (3), and (5) of this section. The lessee shall have the burden of demonstrating that its contract is arm's-length. The value which the lessee reports, for royalty purposes, is subject to monitoring, review, and audit.
</P>
<P>(2) In conducting reviews and audits, ONRR will examine whether the contract reflects the total consideration actually transferred either directly or indirectly from the buyer to the seller for the coal produced. If the contract does not reflect the total consideration, then ONRR may require that the coal sold pursuant to that contract be valued in accordance with paragraph (c) of this section. Value may not be based on less than the gross proceeds accruing to the lessee for the coal production, including the additional consideration.
</P>
<P>(3) If ONRR determines that the gross proceeds accruing to the lessee pursuant to an arm's-length contract do not reflect the reasonable value of the production because of misconduct by or between the contracting parties, or because the lessee otherwise has breached its duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, then ONRR shall require that the coal production be valued pursuant to paragraph (c)(2)(ii), (iii), (iv), or (v) of this section, and in accordance with the notification requirements of paragraph (d)(3) of this section. When ONRR determines that the value may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's reported coal value.
</P>
<P>(4) ONRR may require a lessee to certify that its arm's-length contract provisions include all of the consideration to be paid by the buyer, either directly or indirectly, for the coal production.
</P>
<P>(5) The value of production for royalty purposes shall not include payments received by the lessee pursuant to a contract which the lessee demonstrates, to ONRR's satisfaction, were not part of the total consideration paid for the purchase of coal production.
</P>
<P>(c)(1) The value of coal from leases subject to this section and which is not sold pursuant to an arm's-length contract shall be determined in accordance with this section.
</P>
<P>(2) If the value of the coal cannot be determined pursuant to paragraph (b) of this section, then the value shall be determined through application of other valuation criteria. The criteria shall be considered in the following order, and the value shall be based upon the first applicable criterion:
</P>
<P>(i) The gross proceeds accruing to the lessee pursuant to a sale under its non-arm's-length contract (or other disposition of produced coal by other than an arm's-length contract), provided that those gross proceeds are within the range of the gross proceeds derived from, or paid under, comparable arm's-length contracts between buyers and sellers neither of whom is affiliated with the lessee for sales, purchases, or other dispositions of like-quality coal produced in the area. In evaluating the comparability of arm's-length contracts for the purposes of these regulations, the following factors shall be considered: price, time of execution, duration, market or markets served, terms, quality of coal, quantity, and such other factors as may be appropriate to reflect the value of the coal;
</P>
<P>(ii) Prices reported for that coal to a public utility commission;
</P>
<P>(iii) Prices reported for that coal to the Energy Information Administration of the Department of Energy;
</P>
<P>(iv) Other relevant matters including, but not limited to, published or publicly available spot market prices, or information submitted by the lessee concerning circumstances unique to a particular lease operation or the salability of certain types of coal;
</P>
<P>(v) If a reasonable value cannot be determined using paragraph (c)(2)(i), (ii), (iii), or (iv) of this section, then a net-back method or any other reasonable method shall be used to determine value.
</P>
<P>(3) When the value of coal is determined pursuant to paragraph (c)(2) of this section, that value determination shall be consistent with the provisions contained in paragraph (b)(5) of this section.
</P>
<P>(d)(1) Where the value is determined pursuant to paragraph (c) of this section, that value does not require ONRR's prior approval. However, the lessee shall retain all data relevant to the determination of royalty value. Such data shall be subject to review and audit, and ONRR will direct a lessee to use a different value if it determines that the reported value is inconsistent with the requirements of these regulations.
</P>
<P>(2) An Indian lessee will make available upon request to the authorized ONRR or Indian representatives, or to the Inspector General of the Department of the Interior or other persons authorized to receive such information, arm's-length sales and sales quantity data for like-quality coal sold, purchased, or otherwise obtained by the lessee from the area.
</P>
<P>(3) A lessee shall notify ONRR if it has determined value pursuant to paragraph (c)(2)(ii), (iii), (iv), or (v) of this section. The notification shall be by letter to the Director for Office of Natural Resources Revenue or his/her designee. The letter shall identify the valuation method to be used and contain a brief description of the procedure to be followed. The notification required by this section is a one-time notification due no later than the month the lessee first reports royalties on the Form ONRR-4430 using a valuation method authorized by paragraph (c)(2)(ii), (iii), (iv), or (v) of this section, and each time there is a change in a method under paragraph (c)(2)(iv) or (v) of this section.
</P>
<P>(e) If ONRR determines that a lessee has not properly determined value, the lessee shall be liable for the difference, if any, between royalty payments made based upon the value it has used and the royalty payments that are due based upon the value established by ONRR. The lessee shall also be liable for interest computed pursuant to § 1218.202 of this subchapter. If the lessee is entitled to a credit, ONRR will provide instructions for the taking of that credit.
</P>
<P>(f) The lessee may request a value determination from ONRR. In that event, the lessee shall propose to ONRR a value determination method, and may use that method in determining value for royalty purposes until ONRR issues its decision. The lessee shall submit all available data relevant to its proposal. ONRR shall expeditiously determine the value based upon the lessee's proposal and any additional information ONRR deems necessary. That determination shall remain effective for the period stated therein. After ONRR issues its determination, the lessee shall make the adjustments in accordance with paragraph (e) of this section.
</P>
<P>(g) Notwithstanding any other provisions of this section, under no circumstances shall the value for royalty purposes be less than the gross proceeds accruing to the lessee for the disposition of produced coal less applicable provisions of paragraph (b)(5) of this section and less applicable allowances determined pursuant to §§ 1206.457 through 1206.461 and 1206.464.
</P>
<P>(h) The lessee is required to place coal in marketable condition at no cost to the Indian lessor. Where the value established pursuant to this section is determined by a lessee's gross proceeds, that value shall be increased to the extent that the gross proceeds has been reduced because the purchaser, or any other person, is providing certain services, the cost of which ordinarily is the responsibility of the lessee to place the coal in marketable condition.
</P>
<P>(i) Value shall be based on the highest price a prudent lessee can receive through legally enforceable claims under its contract. Absent contract revision or amendment, if the lessee fails to take proper or timely action to receive prices or benefits to which it is entitled, it must pay royalty at a value based upon that obtainable price or benefit. Contract revisions or amendments shall be in writing and signed by all parties to an arm's-length contract, and may be retroactively applied to value for royalty purposes for a period not to exceed two years, unless ONRR approves a longer period. If the lessee makes timely application for a price increase allowed under its contract but the purchaser refuses, and the lessee takes reasonable measures, which are documented, to force purchaser compliance, the lessee will owe no additional royalties unless or until monies or consideration resulting from the price increase are received. This paragraph shall not be construed to permit a lessee to avoid its royalty payment obligation in situations where a purchaser fails to pay, in whole or in part or timely, for a quantity of coal.
</P>
<P>(j) Notwithstanding any provision in these regulations to the contrary, no review, reconciliation, monitoring, or other like process that results in a redetermination by ONRR of value under this section shall be considered final or binding as against the Indian Tribes or allottees until the audit period is formally closed.
</P>
<P>(k) Certain information submitted to ONRR to support valuation proposals, including transportation, coal washing, or other allowances pursuant to §§ 1206.457 through 1206.461 and 1206.464, is exempted from disclosure by the Freedom of Information Act, 5 U.S.C. 522. Any data specified by the Act to be privileged, confidential, or otherwise exempt shall be maintained in a confidential manner in accordance with applicable law and regulations. All requests for information about determinations made under this part are to be submitted in accordance with the Freedom of Information Act regulation of the Department of the Interior, 43 CFR part 2. Nothing in this section is intended to limit or diminish in any manner whatsoever the right of an Indian lessor to obtain any and all information as such lessor may be lawfully entitled from ONRR or such lessor's lessee directly under the terms of the lease or applicable law.




</P>
</DIV8>


<DIV8 N="§ 1206.457" NODE="30:3.0.2.19.6.10.5.8" TYPE="SECTION">
<HEAD>§ 1206.457   Washing allowances—general.</HEAD>
<P>(a) For ad valorem leases subject to § 1206.456, ONRR shall, as authorized by this section, allow a deduction in determining value for royalty purposes for the reasonable, actual costs incurred to wash coal, unless the value determined pursuant to § 1206.456 was based upon like-quality unwashed coal. Under no circumstances will the authorized washing allowance and the transportation allowance reduce the value for royalty purposes to zero.
</P>
<P>(b) If ONRR determines that a lessee has improperly determined a washing allowance authorized by this section, then the lessee shall be liable for any additional royalties, plus interest determined in accordance with § 1218.202 of this subchapter, or shall be entitled to a credit, without interest.
</P>
<P>(c) Lessees shall not disproportionately allocate washing costs to Indian leases.
</P>
<P>(d) No cost normally associated with mining operations and which are necessary for placing coal in marketable condition shall be allowed as a cost of washing.
</P>
<P>(e) Coal washing costs shall only be recognized as allowances when the washed coal is sold and royalties are reported and paid.




</P>
</DIV8>


<DIV8 N="§ 1206.458" NODE="30:3.0.2.19.6.10.5.9" TYPE="SECTION">
<HEAD>§ 1206.458   Determination of washing allowances.</HEAD>
<P>(a) <I>Arm's-length contracts.</I> (1) For washing costs incurred by a lessee pursuant to an arm's-length contract, the washing allowance shall be the reasonable actual costs incurred by the lessee for washing the coal under that contract, subject to monitoring, review, audit, and possible future adjustment. ONRR's prior approval is not required before a lessee may deduct costs incurred under an arm's-length contract. However, before any deduction may be taken, the lessee must submit a completed page one of Form ONRR-4292, Coal Washing Allowance Report, in accordance with paragraph (c)(1) of this section. A washing allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form ONRR-4292 is filed with ONRR, unless ONRR approves a longer period upon a showing of good cause by the lessee.
</P>
<P>(2) In conducting reviews and audits, ONRR will examine whether the contract reflects more than the consideration actually transferred either directly or indirectly from the lessee to the washer for the washing. If the contract reflects more than the total consideration paid, then ONRR may require that the washing allowance be determined in accordance with paragraph (b) of this section.
</P>
<P>(3) If ONRR determines that the consideration paid pursuant to an arm's-length washing contract does not reflect the reasonable value of the washing because of misconduct by or between the contracting parties, or because the lessee otherwise has breached its duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, then ONRR shall require that the washing allowance be determined in accordance with paragraph (b) of this section. When ONRR determines that the value of the washing may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's washing costs.
</P>
<P>(4) Where the lessee's payments for washing under an arm's-length contract are not based on a dollar-per-unit basis, the lessee shall convert whatever consideration is paid to a dollar value equivalent. Washing allowances shall be expressed as a cost per ton of coal washed.
</P>
<P>(b) <I>Non-arm's-length or no contract.</I> (1) If a lessee has a non-arm's-length contract or has no contract, including those situations where the lessee performs washing for itself, the washing allowance will be based upon the lessee's reasonable actual costs. All washing allowances deducted under a non-arm's-length or no contract situation are subject to monitoring, review, audit, and possible future adjustment. Prior ONRR approval of washing allowances is not required for non-arm's-length or no contract situations. However, before any estimated or actual deduction may be taken, the lessee must submit a completed Form ONRR-4292 in accordance with paragraph (c)(2) of this section. A washing allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form ONRR-4292 is filed with ONRR, unless ONRR approves a longer period upon a showing of good cause by the lessee. ONRR will monitor the allowance deduction to ensure that deductions are reasonable and allowable. When necessary or appropriate, ONRR may direct a lessee to modify its actual washing allowance.
</P>
<P>(2) The washing allowance for non-arm's-length or no contract situations shall be based upon the lessee's actual costs for washing during the reported period, including operating and maintenance expenses, overhead, and either depreciation and a return on undepreciated capital investment in accordance with paragraph (b)(2)(iv)(A) of this section, or a cost equal to the depreciable investment in the wash plant multiplied by the rate of return in accordance with paragraph (b)(2)(iv)(B) of this section. Allowable capital costs are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) which are an integral part of the wash plant.
</P>
<P>(i) Allowable operating expenses include: Operations supervision and engineering; operations labor; fuel; utilities; materials; ad valorem property taxes; rent; supplies; and any other directly allocable and attributable operating expense which the lessee can document.
</P>
<P>(ii) Allowable maintenance expenses include: Maintenance of the wash plant; maintenance of equipment; maintenance labor; and other directly allocable and attributable maintenance expenses which the lessee can document.
</P>
<P>(iii) Overhead attributable and allocable to the operation and maintenance of the wash plant is an allowable expense. State and Federal income taxes and severance taxes, including royalties, are not allowable expenses.
</P>
<P>(iv) A lessee may use either paragraph (b)(2)(iv)(A) or (B) of this section. After a lessee has elected to use either method for a wash plant, the lessee may not later elect to change to the other alternative without approval of ONRR.
</P>
<P>(A) To compute depreciation, the lessee may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves which the wash plant services, whichever is appropriate, or a unit of production method. After an election is made, the lessee may not change methods without ONRR approval. A change in ownership of a wash plant shall not alter the depreciation schedule established by the original operator/lessee for purposes of the allowance calculation. With or without a change in ownership, a wash plant shall be depreciated only once. Equipment shall not be depreciated below a reasonable salvage value.
</P>
<P>(B) ONRR shall allow as a cost an amount equal to the allowable capital investment in the wash plant multiplied by the rate of return determined pursuant to paragraph (b)(2)(v) of this section. No allowance shall be provided for depreciation. This alternative shall apply only to plants first placed in service or acquired after March 1, 1989.
</P>
<P>(v) The rate of return shall be the industrial rate associated with Standard and Poor's BBB rating. The rate of return shall be the monthly average rate as published in Standard and Poor's Bond Guide for the first month of the reporting period for which the allowance is applicable and shall be effective during the reporting period. The rate shall be redetermined at the beginning of each subsequent washing allowance reporting period (which is determined pursuant to paragraph (c)(2) of this section).
</P>
<P>(3) The washing allowance for coal shall be determined based on the lessee's reasonable and actual cost of washing the coal. The lessee may not take an allowance for the costs of washing lease production that is not royalty bearing.
</P>
<P>(c) <I>Reporting requirements</I>—(1) <I>Arm's-length contracts.</I> (i) With the exception of those washing allowances specified in paragraphs (c)(1)(v) and (vi) of this section, the lessee shall submit page one of the initial Form ONRR-4292 prior to, or at the same time, as the washing allowance determined pursuant to an arm's-length contract is reported on Form ONRR-4430, Solid Minerals Production and Royalty Report. A Form ONRR-4292 received by the end of the month that the Form ONRR-4430 is due shall be considered to be received timely.
</P>
<P>(ii) The initial Form ONRR-4292 shall be effective for a reporting period beginning the month that the lessee is first authorized to deduct a washing allowance and shall continue until the end of the calendar year, or until the applicable contract or rate terminates or is modified or amended, whichever is earlier.
</P>
<P>(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form ONRR-4292 within 3 months after the end of the calendar year, or after the applicable contract or rate terminates or is modified or amended, whichever is earlier, unless ONRR approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period).
</P>
<P>(iv) ONRR may require that a lessee submit arm's-length washing contracts and related documents. Documents shall be submitted within a reasonable time, as determined by ONRR.
</P>
<P>(v) Washing allowances which are based on arm's-length contracts and which are in effect at the time these regulations become effective will be allowed to continue until such allowances terminate. For the purposes of this section, only those allowances that have been approved by ONRR in writing shall qualify as being in effect at the time these regulations become effective.
</P>
<P>(vi) ONRR may establish, in appropriate circumstances, reporting requirements that are different from the requirements of this section.
</P>
<P>(2) <I>Non-arm's-length or no contract.</I> (i) With the exception of those washing allowances specified in paragraphs (c)(2)(v) and (vii) of this section, the lessee shall submit an initial Form ONRR-4292 prior to, or at the same time as, the washing allowance determined pursuant to a non-arm's-length contract or no contract situation is reported on Form ONRR-4430, Solid Minerals Production and Royalty Report. A Form ONRR-4292 received by the end of the month that the Form ONRR-4430 is due shall be considered to be timely received. The initial reporting may be based on estimated costs.
</P>
<P>(ii) The initial Form ONRR-4292 shall be effective for a reporting period beginning the month that the lessee first is authorized to deduct a washing allowance and shall continue until the end of the calendar year, or until the washing under the non-arm's-length contract or the no contract situation terminates, whichever is earlier.
</P>
<P>(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee shall submit a completed Form ONRR-4292 containing the actual costs for the previous reporting period. If coal washing is continuing, the lessee shall include on Form ONRR-4292 its estimated costs for the next calendar year. The estimated coal washing allowance shall be based on the actual costs for the previous period plus or minus any adjustments which are based on the lessee's knowledge of decreases or increases which will affect the allowance. Form ONRR-4292 must be received by ONRR within 3 months after the end of the previous reporting period, unless ONRR approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period).
</P>
<P>(iv) For new wash plants, the lessee's initial Form ONRR-4292 shall include estimates of the allowable coal washing costs for the applicable period. Cost estimates shall be based upon the most recently available operations data for the plant, or if such data are not available, the lessee shall use estimates based upon industry data for similar coal wash plants.
</P>
<P>(v) Washing allowances based on non-arm's-length or no contract situations which are in effect at the time these regulations become effective will be allowed to continue until such allowances terminate. For the purposes of this section, only those allowances that have been approved by ONRR in writing shall qualify as being in effect at the time these regulations become effective.
</P>
<P>(vi) Upon request by ONRR, the lessee shall submit all data used by the lessee to prepare its Forms ONRR-4292. The data shall be provided within a reasonable period of time, as determined by ONRR.
</P>
<P>(vii) ONRR may establish, in appropriate circumstances, reporting requirements which are different from the requirements of this section.
</P>
<P>(3) ONRR may establish coal washing allowance reporting dates for individual leases different from those specified in this subpart in order to provide more effective administration. Lessees will be notified of any change in their reporting period.
</P>
<P>(4) Washing allowances must be reported as a separate line on the Form ONRR-4430, unless ONRR approves a different reporting procedure.
</P>
<P>(d) <I>Interest assessments for incorrect or late reports and failure to report.</I> (1) If a lessee deducts a washing allowance on its Form ONRR-4430 without complying with the requirements of this section, the lessee shall be liable for interest on the amount of such deduction until the requirements of this section are complied with. The lessee also shall repay the amount of any allowance which is disallowed by this section.
</P>
<P>(2) If a lessee erroneously reports a washing allowance which results in an underpayment of royalties, interest shall be paid on the amount of that underpayment.
</P>
<P>(3) Interest required to be paid by this section shall be determined in accordance with § 1218.202 of this subchapter.
</P>
<P>(e) <I>Adjustments.</I> (1) If the actual coal washing allowance is less than the amount the lessee has taken on Form ONRR-4430 for each month during the allowance form reporting period, the lessee shall be required to pay additional royalties due plus interest computed pursuant to § 1218.202 of this subchapter, retroactive to the first month the lessee is authorized to deduct a washing allowance. If the actual washing allowance is greater than the amount the lessee has estimated and taken during the reporting period, the lessee shall be entitled to a credit, without interest.
</P>
<P>(2) The lessee must submit a corrected Form ONRR-4430 to reflect actual costs, together with any payment, in accordance with instructions provided by ONRR.
</P>
<P>(f) <I>Other washing cost determinations.</I> The provisions of this section shall apply to determine washing costs when establishing value using a net-back valuation procedure or any other procedure that requires deduction of washing costs.




</P>
</DIV8>


<DIV8 N="§ 1206.459" NODE="30:3.0.2.19.6.10.5.10" TYPE="SECTION">
<HEAD>§ 1206.459   Allocation of washed coal.</HEAD>
<P>(a) When coal is subjected to washing, the washed coal must be allocated to the leases from which it was extracted.
</P>
<P>(b) When the net output of coal from a washing plant is derived from coal obtained from only one lease, the quantity of washed coal allocable to the lease will be based on the net output of the washing plant.
</P>
<P>(c) When the net output of coal from a washing plant is derived from coal obtained from more than one lease, unless determined otherwise by BLM, the quantity of net output of washed coal allocable to each lease will be based on the ratio of measured quantities of coal delivered to the washing plant and washed from each lease compared to the total measured quantities of coal delivered to the washing plant and washed.




</P>
</DIV8>


<DIV8 N="§ 1206.460" NODE="30:3.0.2.19.6.10.5.11" TYPE="SECTION">
<HEAD>§ 1206.460   Transportation allowances—general.</HEAD>
<P>(a) For ad valorem leases subject to § 1206.456, where the value for royalty purposes has been determined at a point remote from the lease or mine, ONRR shall, as authorized by this section, allow a deduction in determining value for royalty purposes for the reasonable, actual costs incurred to:
</P>
<P>(1) Transport the coal from an Indian lease to a sales point which is remote from both the lease and mine; or
</P>
<P>(2) Transport the coal from an Indian lease to a wash plant when that plant is remote from both the lease and mine and, if applicable, from the wash plant to a remote sales point. In-mine transportation costs shall not be included in the transportation allowance.
</P>
<P>(b) Under no circumstances will the authorized washing allowance and the transportation allowance reduce the value for royalty purposes to zero.
</P>
<P>(c)(1) When coal transported from a mine to a wash plant is eligible for a transportation allowance in accordance with this section, the lessee is not required to allocate transportation costs between the quantity of clean coal output and the rejected waste material. The transportation allowance shall be authorized for the total production which is transported. Transportation allowances shall be expressed as a cost per ton of cleaned coal transported.
</P>
<P>(2) For coal that is not washed at a wash plant, the transportation allowance shall be authorized for the total production which is transported. Transportation allowances shall be expressed as a cost per ton of coal transported.
</P>
<P>(3) Transportation costs shall only be recognized as allowances when the transported coal is sold and royalties are reported and paid.
</P>
<P>(d) If, after a review and/or audit, ONRR determines that a lessee has improperly determined a transportation allowance authorized by this section, then the lessee shall pay any additional royalties, plus interest, determined in accordance with § 1218.202 of this subchapter, or shall be entitled to a credit, without interest.
</P>
<P>(e) Lessees shall not disproportionately allocate transportation costs to Indian leases.




</P>
</DIV8>


<DIV8 N="§ 1206.461" NODE="30:3.0.2.19.6.10.5.12" TYPE="SECTION">
<HEAD>§ 1206.461   Determination of transportation allowances.</HEAD>
<P>(a) <I>Arm's-length contracts.</I> (1) For transportation costs incurred by a lessee pursuant to an arm's-length contract, the transportation allowance shall be the reasonable, actual costs incurred by the lessee for transporting the coal under that contract, subject to monitoring, review, audit, and possible future adjustment. ONRR's prior approval is not required before a lessee may deduct costs incurred under an arm's-length contract. However, before any deduction may be taken, the lessee must submit a completed page one of Form ONRR-4293, Coal Transportation Allowance Report, in accordance with paragraph (c)(1) of this section. A transportation allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form ONRR-4293 is filed with ONRR, unless ONRR approves a longer period upon a showing of good cause by the lessee.
</P>
<P>(2) In conducting reviews and audits, ONRR will examine whether the contract reflects more than the consideration actually transferred either directly or indirectly from the lessee to the transporter for the transportation. If the contract reflects more than the total consideration paid, then ONRR may require that the transportation allowance be determined in accordance with paragraph (b) of this section.
</P>
<P>(3) If ONRR determines that the consideration paid pursuant to an arm's-length transportation contract does not reflect the reasonable value of the transportation because of misconduct by or between the contracting parties, or because the lessee otherwise has breached its duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, then ONRR shall require that the transportation allowance be determined in accordance with paragraph (b) of this section. When ONRR determines that the value of the transportation may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's transportation costs.
</P>
<P>(4) Where the lessee's payments for transportation under an arm's-length contract are not based on a dollar-per-unit basis, the lessee shall convert whatever consideration is paid to a dollar value equivalent for the purposes of this section.
</P>
<P>(b) <I>Non-arm's-length or no contract.</I> (1) If a lessee has a non-arm's-length contract or has no contract, including those situations where the lessee performs transportation services for itself, the transportation allowance will be based upon the lessee's reasonable actual costs. All transportation allowances deducted under a non-arm's-length or no contract situation are subject to monitoring, review, audit, and possible future adjustment. Prior ONRR approval of transportation allowances is not required for non-arm's-length or no contract situations. However, before any estimated or actual deduction may be taken, the lessee must submit a completed Form ONRR-4293 in accordance with paragraph (c)(2) of this section. A transportation allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form ONRR-4293 is filed with ONRR, unless ONRR approves a longer period upon a showing of good cause by the lessee. ONRR will monitor the allowance deductions to ensure that deductions are reasonable and allowable. When necessary or appropriate, ONRR may direct a lessee to modify its estimated or actual transportation allowance deduction.
</P>
<P>(2) The transportation allowance for non-arm's-length or no contract situations shall be based upon the lessee's actual costs for transportation during the reporting period, including operating and maintenance expenses, overhead, and either depreciation and a return on undepreciated capital investment in accordance with paragraph (b)(2)(iv)(A) of this section, or a cost equal to the depreciable investment in the transportation system multiplied by the rate of return in accordance with paragraph (b)(2)(iv)(B) of this section. Allowable capital costs are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) which are an integral part of the transportation system.
</P>
<P>(i) Allowable operating expenses include: Operations supervision and engineering; operations labor; fuel; utilities; materials; ad valorem property taxes; rent; supplies; and any other directly allocable and attributable operating expense which the lessee can document.
</P>
<P>(ii) Allowable maintenance expenses include: Maintenance of the transportation system; maintenance of equipment; maintenance labor; and other directly allocable and attributable maintenance expenses which the lessee can document.
</P>
<P>(iii) Overhead attributable and allocable to the operation and maintenance of the transportation system is an allowable expense. State and Federal income taxes and severance taxes and other fees, including royalties, are not allowable expenses.
</P>
<P>(iv) A lessee may use either paragraph (b)(2)(iv)(A) or (B) of this section. After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of ONRR.
</P>
<P>(A) To compute depreciation, the lessee may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves which the transportation system services, whichever is appropriate, or a unit of production method. After an election is made, the lessee may not change methods without ONRR approval. A change in ownership of a transportation system shall not alter the depreciation schedule established by the original transporter/lessee for purposes of the allowance calculation. With or without a change in ownership, a transportation system shall be depreciated only once. Equipment shall not be depreciated below a reasonable salvage value.
</P>
<P>(B) ONRR shall allow as a cost an amount equal to the allowable capital investment in the transportation system multiplied by the rate of return determined pursuant to paragraph (b)(2)(v) of this section. No allowance shall be provided for depreciation. This alternative shall apply only to transportation facilities first placed in service or acquired after March 1, 1989.
</P>
<P>(v) The rate of return shall be the industrial rate associated with Standard and Poor's BBB rating. The rate of return shall be the monthly average as published in Standard and Poor's Bond Guide for the first month of the reporting period of which the allowance is applicable and shall be effective during the reporting period. The rate shall be redetermined at the beginning of each subsequent transportation allowance reporting period (which is determined pursuant to paragraph (c)(2) of this section).
</P>
<P>(3) A lessee may apply to ONRR for exception from the requirement that it compute actual costs in accordance with paragraphs (b)(1) and (2) of this section. ONRR will grant the exception only if the lessee has a rate for the transportation approved by a Federal agency for Indian leases. ONRR shall deny the exception request if it determines that the rate is excessive as compared to arm's-length transportation charges by systems, owned by the lessee or others, providing similar transportation services in that area. If there are no arm's-length transportation charges, ONRR shall deny the exception request if:
</P>
<P>(i) No Federal regulatory agency cost analysis exists and the Federal regulatory agency has declined to investigate pursuant to ONRR timely objections upon filing; and
</P>
<P>(ii) The rate significantly exceeds the lessee's actual costs for transportation as determined under this section.
</P>
<P>(c) <I>Reporting requirements</I>—(1) <I>Arm's-length contracts.</I> (i) With the exception of those transportation allowances specified in paragraphs (c)(1)(v) and (vi) of this section, the lessee shall submit page one of the initial Form ONRR-4293 prior to, or at the same time as, the transportation allowance determined pursuant to an arm's-length contract is reported on Form ONRR-4430, Solid Minerals Production and Royalty Report.
</P>
<P>(ii) The initial Form ONRR-4293 shall be effective for a reporting period beginning the month that the lessee is first authorized to deduct a transportation allowance and shall continue until the end of the calendar year, or until the applicable contract or rate terminates or is modified or amended, whichever is earlier.
</P>
<P>(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form ONRR-4293 within 3 months after the end of the calendar year, or after the applicable contract or rate terminates or is modified or amended, whichever is earlier, unless ONRR approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period). Lessees may request special reporting procedures in unique allowance reporting situations, such as those related to spot sales.
</P>
<P>(iv) ONRR may require that a lessee submit arm's-length transportation contracts, production agreements, operating agreements, and related documents. Documents shall be submitted within a reasonable time, as determined by ONRR.
</P>
<P>(v) Transportation allowances that are based on arm's-length contracts and which are in effect at the time these regulations become effective will be allowed to continue until such allowances terminate. For the purposes of this section, only those allowances that have been approved by ONRR in writing shall qualify as being in effect at the time these regulations become effective.
</P>
<P>(vi) ONRR may establish, in appropriate circumstances, reporting requirements that are different from the requirements of this section.
</P>
<P>(2) <I>Non-arm's-length or no contract.</I> (i) With the exception of those transportation allowances specified in paragraphs (c)(2)(v) and (vii) of this section, the lessee shall submit an initial Form ONRR-4293 prior to, or at the same time as, the transportation allowance determined pursuant to a non-arm's-length contract or no contract situation is reported on Form ONRR-4430, Solid Minerals Production and Royalty Report. The initial report may be based on estimated costs.
</P>
<P>(ii) The initial Form ONRR-4293 shall be effective for a reporting period beginning the month that the lessee first is authorized to deduct a transportation allowance and shall continue until the end of the calendar year, or until the transportation under the non-arm's-length contract or the no contract situation terminates, whichever is earlier.
</P>
<P>(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee shall submit a completed Form ONRR-4293 containing the actual costs for the previous reporting period. If the transportation is continuing, the lessee shall include on Form ONRR-4293 its estimated costs for the next calendar year. The estimated transportation allowance shall be based on the actual costs for the previous reporting period plus or minus any adjustments that are based on the lessee's knowledge of decreases or increases that will affect the allowance. Form ONRR-4293 must be received by ONRR within 3 months after the end of the previous reporting period, unless ONRR approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period).
</P>
<P>(iv) For new transportation facilities or arrangements, the lessee's initial Form ONRR-4293 shall include estimates of the allowable transportation costs for the applicable period. Cost estimates shall be based upon the most recently available operations data for the transportation system, or, if such data are not available, the lessee shall use estimates based upon industry data for similar transportation systems.
</P>
<P>(v) Non-arm's-length contract or no contract-based transportation allowances that are in effect at the time these regulations become effective will be allowed to continue until such allowances terminate. For purposes of this section, only those allowances that have been approved by ONRR in writing shall qualify as being in effect at the time these regulations become effective.
</P>
<P>(vi) Upon request by ONRR, the lessee shall submit all data used to prepare its Form ONRR-4293. The data shall be provided within a reasonable period of time, as determined by ONRR.
</P>
<P>(vii) ONRR may establish, in appropriate circumstances, reporting requirements that are different from the requirements of this section.
</P>
<P>(viii) If the lessee is authorized to use its Federal-agency-approved rate as its transportation cost in accordance with paragraph (b)(3) of this section, it shall follow the reporting requirements of paragraph (c)(1) of this section.
</P>
<P>(3) ONRR may establish reporting dates for individual lessees different than those specified in this paragraph in order to provide more effective administration. Lessees will be notified as to any change in their reporting period.
</P>
<P>(4) Transportation allowances must be reported as a separate line item on Form ONRR-4430, unless ONRR approves a different reporting procedure.
</P>
<P>(d) <I>Interest assessments for incorrect or late reports and failure to report.</I> (1) If a lessee deducts a transportation allowance on its Form ONRR-4430 without complying with the requirements of this section, the lessee shall be liable for interest on the amount of such deduction until the requirements of this section are complied with. The lessee also shall repay the amount of any allowance which is disallowed by this section.
</P>
<P>(2) If a lessee erroneously reports a transportation allowance which results in an underpayment of royalties, interest shall be paid on the amount of that underpayment.
</P>
<P>(3) Interest required to be paid by this section shall be determined in accordance with § 1218.202 of this subchapter.
</P>
<P>(e) <I>Adjustments.</I> (1) If the actual transportation allowance is less than the amount the lessee has taken on Form ONRR-4430 for each month during the allowance form reporting period, the lessee shall be required to pay additional royalties due plus interest, computed pursuant to § 1218.202 of this subchapter, retroactive to the first month the lessee is authorized to deduct a transportation allowance. If the actual transportation allowance is greater than the amount the lessee has estimated and taken during the reporting period, the lessee shall be entitled to a credit, without interest.
</P>
<P>(2) The lessee must submit a corrected Form ONRR-4430 to reflect actual costs, together with any payment, in accordance with instructions provided by ONRR.
</P>
<P>(f) <I>Other transportation cost determinations.</I> The provisions of this section shall apply to determine transportation costs when establishing value using a net-back valuation procedure or any other procedure that requires deduction of transportation costs.




</P>
</DIV8>


<DIV8 N="§ 1206.462" NODE="30:3.0.2.19.6.10.5.13" TYPE="SECTION">
<HEAD>§ 1206.462   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 1206.463" NODE="30:3.0.2.19.6.10.5.14" TYPE="SECTION">
<HEAD>§ 1206.463   In-situ and surface gasification and liquefaction operations.</HEAD>
<P>If an ad valorem Federal coal lease is developed by in-situ or surface gasification or liquefaction technology, the lessee shall propose the value of coal for royalty purposes to ONRR. ONRR will review the lessee's proposal and issue a value determination. The lessee may use its proposed value until ONRR issues a value determination.




</P>
</DIV8>


<DIV8 N="§ 1206.464" NODE="30:3.0.2.19.6.10.5.15" TYPE="SECTION">
<HEAD>§ 1206.464   Value enhancement of marketable coal.</HEAD>
<P>If, prior to use, sale, or other disposition, the lessee enhances the value of coal after the coal has been placed in marketable condition in accordance with § 1206.456(h), the lessee shall notify ONRR that such processing is occurring or will occur. The value of that production shall be determined as follows:
</P>
<P>(a) A value established for the feedstock coal in marketable condition by application of the provisions of § 1206.456(c)(2)(i) through (iv); or,
</P>
<P>(b) In the event that a value cannot be established in accordance with paragraph (a) of this section, then the value of production will be determined in accordance with § 1206.456(c)(2)(v) and the value shall be the lessee's gross proceeds accruing from the disposition of the enhanced product, reduced by ONRR-approved processing costs and procedures including a rate of return on investment equal to two times the Standard and Poor's BBB bond rate applicable under § 1206.458(b)(2)(v).






</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="1207" NODE="30:3.0.2.19.7" TYPE="PART">
<HEAD>PART 1207—SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.</I>; 25 U.S.C. 396 <I>et seq.;</I> 25 U.S.C. 396a <I>et seq.</I>; 25 U.S.C. 2101 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.;</I> 30 U.S.C. 351 <I>et seq.;</I> 30 U.S.C. 1001 <I>et seq.;</I> 30 U.S.C. 1701 <I>et seq.;</I> 31 U.S.C. 3716 <I>et seq.;</I> 31 U.S.C. 9701; 43 U.S.C. 1301 <I>et seq.;</I> 43 U.S.C. 1331 <I>et seq.;</I> and 43 U.S.C. 1801 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>53 FR 1225, Jan. 15, 1988, unless otherwise noted. Redesignated at 75 FR 61080, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.7.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 1207.1" NODE="30:3.0.2.19.7.1.5.1" TYPE="SECTION">
<HEAD>§ 1207.1   Required recordkeeping.</HEAD>
<P>(a) ONRR uses the information collected to determine a proper transportation allowance for the cost of transporting royalty oil from the lease to a delivery point remote from the lease. The information is required so that the lessee may obtain a benefit under the Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. 1701 <I>et seq.</I> The Office of Management and Budget (OMB) approved the information collection requirements contained in this part under 44 U.S.C. 3501 <I>et seq.</I> ONRR identifies the approved OMB control number in 30 CFR 1210.10.
</P>
<P>(b) Send comments regarding the burden estimates or any other aspect of this information collection, including suggestions for reducing burden, to the Office of Natural Resources Revenue, Attention: Rules &amp; Regs Team, OMB Control Number 1012-0002, P.O. Box 25165, Denver, CO 80225-0165. 
</P>
<CITA TYPE="N">[78 FR 30204, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1207.2" NODE="30:3.0.2.19.7.1.5.2" TYPE="SECTION">
<HEAD>§ 1207.2   Definitions.</HEAD>
<P>The definitions in part 1206 of this title are applicable to this part.


</P>
</DIV8>


<DIV8 N="§ 1207.3" NODE="30:3.0.2.19.7.1.5.3" TYPE="SECTION">
<HEAD>§ 1207.3   Contracts made pursuant to new form leases.</HEAD>
<P>On November 29, 1950 (15 FR 8585), a new lease form was adopted (Form 4-1158, 15 FR 8585) containing provisions whereby the lessee agrees that nothing in any contract or other arrangement made for the sale or disposal of oil, gas, natural gasoline, and other products of the leased land, shall be construed as modifying any of the provisions of the lease, including, but not limited to, provisions relating to gas waste, taking royalty-in-kind, and the method of computing royalties due as based on a minimum valuation and in accordance with the oil and gas valuation regulations. A contract or agreement pursuant to a lease containing such provisions may be made without obtaining prior approval of the United States as lessor, but must be retained as provided in § 1207.5 of this subpart.


</P>
</DIV8>


<DIV8 N="§ 1207.4" NODE="30:3.0.2.19.7.1.5.4" TYPE="SECTION">
<HEAD>§ 1207.4   Contracts made pursuant to old form leases.</HEAD>
<P>(a) Old form leases are those containing provisions prohibiting sales or disposal of oil, gas, natural gasoline, and other products of the lease except in accordance with a contract or other arrangement approved by the Secretary of the Interior, or by the Director of the Bureau of Ocean Energy Management (BOEM) or his/her representative. A contract or agreement made pursuant to an old form lease may be made without obtaining approval if the contract or agreement contains either the substance of or is accompanied by the stipulation set forth in paragraph (b) of this section, signed by the seller (lessee or operator).
</P>
<P>(b) The stipulation, the substance of which must be included in the contract, or be made the subject matter of a separate instrument properly identifying the leases affected thereby, is as follows:
</P>
<EXTRACT>
<P>It is hereby understood and agreed that nothing in the written contract or in any approval thereof shall be construed as affecting any of the relations between the United States and its lessee, particularly in matters of gas waste, taking royalty in kind, and the method of computing royalties due as based on a minimum valuation and in accordance with the terms and provisions of the oil and gas valuation regulations applicable to the lands covered by said contract.</P></EXTRACT>
<CITA TYPE="N">[53 FR 1225, Jan. 15, 1988, as amended at 78 FR 30204, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1207.5" NODE="30:3.0.2.19.7.1.5.5" TYPE="SECTION">
<HEAD>§ 1207.5   Contract and sales agreement retention.</HEAD>
<P>Copies of all sales contracts, posted price bulletins, etc., and copies of all agreements, other contracts, or other documents which are relevant to the valuation of production are to be maintained by the lessee and made available upon request during normal working hours to authorized Office of Natural Resources Revenue (ONRR), State or Indian representatives, BOEM, Bureau of Safety and Environmental Enforcement (BSEE) or BLM officials, auditors of the General Accounting Office, or other persons authorized to receive such documents, or shall be submitted to ONRR within a reasonable period of time, as determined by ONRR. Any oral sales arrangement negotiated by the lessee must be placed in written form and retained by the lessee. Records shall be retained in accordance with 30 CFR part 1212.
</P>
<CITA TYPE="N">[53 FR 1225, Jan. 15, 1988, as amended at 78 FR 30204, May 22, 2013]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.7.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil, Gas, and OCS Sulfur, General [Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.7.3" TYPE="SUBPART">
<HEAD>Subpart C—Federal and Indian Oil [Reserved]</HEAD>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.7.4" TYPE="SUBPART">
<HEAD>Subpart D—Federal and Indian Gas [Reserved]</HEAD>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.7.5" TYPE="SUBPART">
<HEAD>Subpart E—Solid Minerals, General [Reserved]</HEAD>

</DIV6>


<DIV6 N="F" NODE="30:3.0.2.19.7.6" TYPE="SUBPART">
<HEAD>Subpart F—Coal [Reserved]</HEAD>

</DIV6>


<DIV6 N="G" NODE="30:3.0.2.19.7.7" TYPE="SUBPART">
<HEAD>Subpart G—Other Solid Minerals [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:3.0.2.19.7.8" TYPE="SUBPART">
<HEAD>Subpart H—Geothermal Resources [Reserved]</HEAD>

</DIV6>


<DIV6 N="I" NODE="30:3.0.2.19.7.9" TYPE="SUBPART">
<HEAD>Subpart I—OCS Sulfur [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="1208" NODE="30:3.0.2.19.8" TYPE="PART">
<HEAD>PART 1208—SALE OF FEDERAL ROYALTY OIL
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.,</I> 351 <I>et seq.,</I> 1701 <I>et seq.;</I> 31 U.S.C. 9701; 41 U.S.C. 601 <I>et seq.;</I> 43 U.S.C. 1301 <I>et seq.,</I> 1331 <I>et seq.,</I> and 1801 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>52 FR 41913, Oct. 30, 1987, unless otherwise noted. Redesignated at 75 FR 61080, Oct. 4, 2010. 


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.8.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 1208.1" NODE="30:3.0.2.19.8.1.5.1" TYPE="SECTION">
<HEAD>§ 1208.1   General.</HEAD>
<P>The regulations in this part govern the sale of royalty oil by the United States to eligible refiners. The regulations apply to royalty oil from leases on Federal lands onshore and on the Outer Continental Shelf (OCS).


</P>
</DIV8>


<DIV8 N="§ 1208.2" NODE="30:3.0.2.19.8.1.5.2" TYPE="SECTION">
<HEAD>§ 1208.2   Definitions.</HEAD>
<P><I>Allotment</I> means the quantity of royalty oil that DOI determines is available to each eligible refiner that has applied for a portion of the total volume of royalty oil offered in a given royalty oil sale. 
</P>
<P><I>Application</I> means the formal written request to DOI on Form MMS-4070 by an eligible refiner interested in purchasing a quantity of royalty oil from the approximate volume announced by DOI in a given “Notice of Availability of Royalty Oil.”
</P>
<P><I>Area</I> or <I>Region</I> means the geographic territory having Federal oil and gas leases over which ONRR has jurisdiction, unless the context in which those words are used indicates that a different meaning is intended.
</P>
<P><I>Contracting officer</I> means the Director, his or her delegate, or the person designated under a royalty oil purchase contract.
</P>
<P><I>Contracting officer's decision</I> means an ONRR order or decision that a contracting officer issues under this part to a purchaser of oil under a royalty oil purchase contract.
</P>
<P><I>Delivery point</I> means the point where the lessor, in accordance with lease terms, directs the lessee to deliver royalty oil to a purchaser. Title to the royalty oil, or to the quantity thereof in a commingled stream, passes from the Federal Government to the purchaser at this designated point, which is specified in the royalty oil contract. For onshore leases, the delivery point will be on or adjacent to the lease, except as provided in § 1208.8(a) of this part. In instances where an onshore delivery point is designated for offshore royalty oil, such point generally will be the first onshore point where the price of the oil, including transportation costs, can be determined and where the purchaser can either exchange or take delivery of the oil. The Government does not guarantee physical access to the oil at such point.
</P>
<P><I>Director</I> means the Director of ONRR, who is responsible for its overall direction, or his or her delegate(s).
</P>
<P><I>DOI</I> means the Department of the Interior, including the Secretary or his or her delegate(s).
</P>
<P><I>Eligible refiner</I> means a refiner of crude oil that meets the following criteria for eligibility to purchase royalty oil:
</P>
<P>(1) For the purchase of royalty oil from onshore leases, it means a refiner that qualifies as a small and independent refiner as those terms are defined in sections 3(3) and 3(4) of the Emergency Petroleum Allocation Act, 15 U.S.C. 751 <I>et seq.,</I> except that the time period for determination contained in section 3(3)(A) would be the calendar quarter immediately preceding the date of the applicable “Notice of Availability of Royalty Oil.” A refiner that, together with all persons controlled by, in control of, under common control with, or otherwise affiliated with the refiner, inputs a volume of domestic crude oil from its own production exceeding 30 percent of its total refinery input of crude oil is ineligible to participate in royalty oil sales under this part. Crude oil received in exchange for such refiner's own production is considered to be that refiner's own production for purposes of this section.
</P>
<P>(2) For the purchase of royalty oil from leases on the OCS, it means a refiner that qualifies as a small business enterprise under the rules of the Small Business Administration (13 CFR part 121).
</P>
<P><I>Entitlement</I> means the volume of royalty oil from the Federal Government's share of production from a Federal lease which a purchaser is entitled to receive under a royalty oil contract.
</P>
<P><I>Exchange agreement</I> means a written agreement between the purchaser and another person for the exchange of royalty oil purchased under this part for other oil on a volume or equivalent value basis.
</P>
<P><I>Fair market value</I> means the value of oil—(1) Computed at a unit price equivalent to the average unit price at which oil was sold pursuant to a lease during the period for which any royalty or net profit share is accrued or reserved to the United States pursuant to such lease, or
</P>
<P>(2) If there were no such sales, or if the Secretary finds that there were an insufficient number of such sales to equitably determine such value, computed at the average unit price at which oil was sold pursuant to other leases in the same region of the OCS during such period, or
</P>
<P>(3) If there were no sales of oil from such region during such period, or if the Secretary finds that there are an insufficient number of such sales to equitably determine such value, at an appropriate price determined by the Secretary.
</P>
<P><I>Federal lease</I> means a contractual agreement with the Federal Government which authorizes the exploration, development, and production of oil and gas on Federal lands onshore or on the OCS.
</P>
<P><I>Interim sale</I> means a sale conducted as a result of substantial additional royalty oil becoming available in a specific area prior to the scheduled expiration date of royalty oil contracts in effect for that area.
</P>
<P><I>Lessee</I> means any person to whom the United States issues a lease, or any person who has been assigned an obligation to make royalty or other payments required by the lease.
</P>
<P><I>Notice of Availability of Royalty Oil</I> means a notice published by DOI in the <E T="04">Federal Register</E> (and in other printed media when appropriate, such as a newspaper or magazine of general or specialized circulation) to advise interested parties of the availability of royalty oil for purchase by eligible refiners and the approximate volume of royalty oil available to the applicants.
</P>
<P><I>OCS</I> means the Outer Continental Shelf, as defined in 43 U.S.C. 1331(a).
</P>
<P><I>OCSLA</I> means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 <I>et seq.,</I> as amended by 43 U.S.C. 1801 <I>et seq.</I>).
</P>
<P><I>Oil</I> means a mixture of hydrocarbons that existed in the liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities and is marketed or used as such. Condensate recovered in lease separators or field facilities is considered to be oil.
</P>
<P><I>ONRR</I> means the Office of Natural Resources Revenue of the Department of the Interior.
</P>
<P><I>Operator</I> means any person, including a lessee, who has control of or who manages operations on an oil and gas lease site on Federal onshore lands or on the OCS.
</P>
<P><I>Payor</I> means any person responsible for reporting royalties from a Federal lease or leases on Form MMS-2014.
</P>
<P><I>Person</I> means any individual, firm, corporation, association, partnership, consortium, or joint venture.
</P>
<P><I>Preference eligible refiner</I> means an eligible refiner with at least one operating refinery which is located within the area designated as the preference eligible area in the “Notice of Availability of Royalty Oil.” A refiner may be deemed to be a preference eligible refiner if it owns a refinery located in the preference eligible area which is not operational if the refiner meets the requirements of § 1208.7(g) of this part.
</P>
<P><I>Purchaser</I> means anyone who acquires royalty oil sold by DOI under the Federal Government's Royalty-in-Kind (RIK) Program and who has a contractual obligation under an agreement to purchase royalty oil.
</P>
<P><I>Reallocation</I> means an offering of royalty oil previously allocated in a specific sale but subsequently turned back to ONRR. A reallocation would only be made if substantial amounts of royalty oil are turned back.
</P>
<P><I>Refined petroleum product</I> means gasoline, kerosene, distillates (including Number 2 fuel oil), refined lubricating oils, or diesel fuel.
</P>
<P><I>Royalty oil</I> means that amount of oil that DOI takes in kind in partial or full satisfaction of a lessee's royalty or net profit share obligations as determined by whatever lease interest the lessee holds under an applicable mineral leasing law.
</P>
<P><I>Secretary</I> means the Secretary of the Department of the Interior or his/her delegate(s).
</P>
<P><I>Section 6 lease</I> means an oil and gas lease originally issued by any State and currently maintained in effect pursuant to section 6 of the OCSLA.
</P>
<P><I>Section 8 lease</I> means an oil and gas lease originally issued by the United States pursuant to section 8 of the OCSLA.
</P>
<CITA TYPE="N">[52 FR 41913, Oct. 30, 1987; 52 FR 45528, Nov. 30, 1987, as amended at 58 FR 64901, Dec. 10, 1993; 64 FR 26251, May 13, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 1208.3" NODE="30:3.0.2.19.8.1.5.3" TYPE="SECTION">
<HEAD>§ 1208.3   Information collection.</HEAD>
<P>The information collection requirements contained in this part have been approved by OMB under 44 U.S.C. 3501 <I>et seq.</I> The form, filing date, and approved OMB clearance number are identified in 30 CFR 210.10.
</P>
<CITA TYPE="N">[58 FR 64901, Dec. 10, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 1208.4" NODE="30:3.0.2.19.8.1.5.4" TYPE="SECTION">
<HEAD>§ 1208.4   Royalty oil sales to eligible refiners.</HEAD>
<P>(a) <I>Determination to take royalty oil in kind.</I> The Secretary may evaluate crude oil market conditions from time to time. The evaluation will include, among other things, the availability of crude oil and the crude oil requirements of the Federal Government, primarily those requirements concerning matters of national interest and defense. The Secretary will review these items and will determine whether eligible refiners have access to adequate supplies of crude oil and whether such oil is available to eligible refiners at equitable prices. Such determinations may be made on a regional basis. The determination by the Secretary shall be published in the <E T="04">Federal Register</E> concurrent with or included in the “Notice of Availability of Royalty Oil” required by § 1208.5.
</P>
<P>(b) <I>Sale to eligible refiners.</I> (1) Upon a determination by the Secretary under paragraph (a) of this section that eligible refiners do not have access to adequate supplies of crude oil at equitable prices, the Secretary, at his or her discretion, may elect to take in kind some or all of the royalty oil accruing to the United States from oil and gas leases on Federal lands onshore and on the OCS. The Secretary may authorize ONRR to offer royalty oil for sale to eligible refiners only for use in their refineries and not for resale (other than under an exchange agreement).
</P>
<P>(2) All sales of royalty oil from onshore leases will be priced at the royalty value that would have been determined for that oil pursuant to 30 CFR part 1206 had the royalties been paid in value rather than taken in kind. All sales of royalty oil from OCS leases will be priced at the fair market value of the oil including associated transportation costs to the designated delivery point, if applicable.
</P>
<P>(3) An eligible refiner must have a representative at a sale in order to participate. The Secretary may, at his or her discretion, establish purchase limitations and withhold any royalty oil from any offering.
</P>
<P>(c) Upon a determination by the Secretary under paragraph (a) of this section that eligible refiners do have access to adequate supplies of crude oil at equitable prices, ONRR will not take royalties in kind from oil and gas leases for exclusive sale to such refiners. Such determinations may be made on a regional basis.
</P>
<P>(d) <I>Interim sales.</I> The ONRR generally will not conduct interim sales. However, interim sales may be held at the discretion of the Secretary if substantial addition royalty oil becomes available. The potentially eligible refiners, individually or collectively, must submit documentation demonstrating that adequate supplies of crude oil at equitable prices are not available for purchase. Although sufficient documentation must be submitted, it is not mandatory for each potentially eligible refiner to participate in a submission of such documentation to be determined eligible. The documentation must be submitted to ONRR for a determination as to whether an interim sale is needed. 
</P>
<CITA TYPE="N">[52 FR 41913, Oct. 30, 1987, as amended at 66 FR 28657, May 24, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 1208.5" NODE="30:3.0.2.19.8.1.5.5" TYPE="SECTION">
<HEAD>§ 1208.5   Notice of royalty oil sale.</HEAD>
<P>If the Secretary decides to take royalty oil in kind for sale to eligible refiners, ONRR will issue a “Notice of Availability of Royalty Oil” specifying the manner in which the sale is to be effected, the approximate quantity of royalty oil to be offered, information required in applications, the closing date for the receipt of applications for royalty oil, and other general administrative details concerning the application, allocation, and contract award process for the royalty oil. The Notice will describe generally the terms under which the royalty oil contracts will be awarded and will specify which applicants will be deemed preference eligible refiners in the sale proceedings. The Notice will also contain guidelines for reallocation procedures in the event substantial quantities of royalty oil sold in that specific sale are subsequently turned back to ONRR. Only those purchasers that hold ongoing contracts from that specific sale will be allowed to participate in any reallocation, which would be voluntary, and then only if they continue to meet eligibility requirements as set forth in §§ 1208.2 and 1208.7. If a reallocation is held prior to the effective date of the contracts as specified in the “Notice of Availability of Royalty Oil”, all eligible refiners that selected a lease or leases in that specific sale would be allowed to participate, pursuant to the procedures in the Notice. 


</P>
</DIV8>


<DIV8 N="§ 1208.6" NODE="30:3.0.2.19.8.1.5.6" TYPE="SECTION">
<HEAD>§ 1208.6   General application procedures.</HEAD>
<P>(a) To apply for the purchase of royalty oil, an applicant must file a Form MMS-4070 with ONRR in accordance with instructions provided in the “Notice of Availability of Royalty Oil” and in accordance with any instructions issued by ONRR for completion of Form MMS-4070. The applicant will be required to submit a letter of intent from a qualified financial institution stating that it would be granted surety coverage for the royalty oil for which it is applying, or other such proof of surety coverage, as deemed acceptable by ONRR. The letter of intent must be submitted with a completed Form MMS-4070.
</P>
<P>(b) In addition to any other application requirements specified in the Notice, the following information is required on Form MMS-4070 at the time of application: 
</P>
<P>(1) Name and address of the applicant, the location of the applicant's refinery or refineries, and disclosure of the applicant's affiliation with any other persons. 
</P>
<P>(2) The capacity of the applicant's refineries in barrels of crude oil throughput per calendar day and a tabulation for the past 12 months of oil processed for each refinery, identified as to source (from own production or from other sources). 
</P>
<P>(3) Identification of any Government royalty oil contracts under which the applicant is currently receiving royalty oil. 
</P>
<P>(4) Identification of the locations (area/region and State) where the applicant proposes to purchase royalty oil, the volume of oil requested, and the specific refineries in which the oil will be refined. 
</P>
<P>(5) A certification from the applicant that it is an eligible refiner for the purchase of Government royalty oil, as defined in § 1208.2 of this part. 
</P>
<CITA TYPE="N">[52 FR 41913, Oct. 30, 1987, as amended at 58 FR 64901, Dec. 10, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 1208.7" NODE="30:3.0.2.19.8.1.5.7" TYPE="SECTION">
<HEAD>§ 1208.7   Determination of eligibility.</HEAD>
<P>(a) The ONRR will examine each application and may request additional information if the information in the application is inadequate. An application received after the close of the application period will be rejected. If additional information is requested by ONRR, it must be received by the time specified or the application will be rejected. 
</P>
<P>(b) After the close of the application period and the receipt of any additional requested information, ONRR will determine which applicants may participate in the royalty oil sale and the quantity of royalty oil which each applicant is authorized to purchase. 
</P>
<P>(c) When applications are filed by two or more eligible refiners for the same royalty oil, the oil will be allocated among such applicants on an equitable basis as determined by ONRR. Preference eligible refiners will be given priority in the allocation procedures in sales and subsequent reallocations of royalty oil. 
</P>
<P>(d) No eligible refiner shall be awarded contracts for volumes of royalty oil that, when added to volumes of other Federal royalty oil being received, are in excess of 60 percent of the combined refinery capacity of that refiner. 
</P>
<P>(e) The ONRR may exclude any section 6 lease from a royalty oil sale. 
</P>
<P>(f) If two or more eligible refiners are related through common ownership or control or otherwise affiliated, only one of them shall be entitled to an allotment of royalty oil from a specific sale. 
</P>
<P>(g) Any applicant whose refinery is not in operation during the 60-day period prior to the date of the royalty oil sale shall not be entitled to participate in the sale unless such applicant self-certifies and demonstrates to the satisfaction of ONRR that it will begin operations by the first month in which oil becomes available under a royalty oil contract. If operations do not begin by that month, ONRR will terminate the contract. 
</P>
<P>(h) Applicants or purchasers that have delinquent balances with ONRR as of the date of a royalty oil sale or subsequent reallocation will not be allowed to participate in that sale or reallocation. If a person which is controlled by, in control of, under common control with, or otherwise affiliated with an applicant or purchaser has such delinquent balances, the applicant or purchaser will not be allowed to participate in a royalty oil sale or reallocation. To the extent a purchaser or affiliated person has appealed a billing and posted a surety instrument in accordance with the contract terms and applicable ONRR regulations or other law, the balance shall not be considered delinquent. 
</P>
<P>(i) A purchaser must meet the eligibility criteria on the date of contract issuance. However, a change in a purchaser's eligibility status during the term of the contract will not affect the purchaser's right to continue that contract until its term expires, including any extensions thereof. 
</P>
<CITA TYPE="N">[52 FR 41913, Oct. 30, 1987, as amended at 58 FR 64901, Dec. 10, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 1208.8" NODE="30:3.0.2.19.8.1.5.8" TYPE="SECTION">
<HEAD>§ 1208.8   Transportation and delivery.</HEAD>
<P>(a) The lessee shall deliver royalty oil from onshore leases to the purchaser at a point on or adjacent to the lease pursuant to the terms of the lease. If the purchaser does not have access to its onshore royalty oil entitlement at facilities on or adjacent to the lease, the operator of the lease must designate an alternate delivery point at no additional cost to the purchaser or the Government. The purchaser must have physical access to the oil at the alternate delivery point and such point must be approved by ONRR. 
</P>
<P>(b) The lessee shall deliver royalty oil from section 8 offshore leases issued after September 1969 at a delivery point to be designated by ONRR. The lessee shall deliver royalty oil from section 8 offshore leases issued before October 1969 or from section 6 leases at a delivery point to be designated by the lessee. If the delivery point is on or immediately adjacent to the lease, the royalty oil will be delivered without cost to the Federal Government as an undivided portion of production in marketable condition at pipeline connections or other facilities provided by the lessee, unless other arrangements are approved by ONRR. If the delivery point is not on or immediately adjacent to the lease, ONRR will reimburse the lessee for the reasonable cost of transportation to such point in an amount not to exceed the transportation allowance determined pursuant to 30 CFR part 1206. The ONRR will include such transportation costs in the price charged for the oil taken in kind to reflect the value of the oil at the delivery point. Arrangements for delivery of the royalty oil from, or exchange of the oil at, the delivery point, and related transportation costs, are the responsibility of the purchaser of the royalty oil. In addition, quality differentials between the royalty oil to which a purchaser is entitled and the oil which is made available at the delivery point are matters to be resolved between the purchaser and the operator. 
</P>
<P>(c) When the purchaser has physical access to the royalty oil at the delivery point, the lessee shall deliver such oil in marketable condition at pipeline connections or other facilities designated by ONRR. If the lessee is unable to provide the royalty portion of actual production from the lease, the lessee must provide crude oil to the purchaser which is equivalent in volume or value to the royalty oil to which the purchaser is entitled. The lessee will deliver the royalty oil to the purchaser during normal operating hours and in reasonable quantities and intervals. The lessee will make available and the purchaser will accept delivery of the royalty oil entitlement no later than the last day of the calendar month immediately following the calendar month in which the oil was produced. Failure to accept deliveries shall constitute grounds for the termination of the contract. 
</P>
<P>(d) Upon termination of deliveries under a royalty oil contract, the transportation allowance and delivery point designation authorized by this section no longer will remain in effect. 


</P>
</DIV8>


<DIV8 N="§ 1208.9" NODE="30:3.0.2.19.8.1.5.9" TYPE="SECTION">
<HEAD>§ 1208.9   Agreements.</HEAD>
<P>(a) A purchaser must submit to ONRR two copies of any written third-party agreements, or two copies of a full written explanation of any oral third-party agreements, relating to the method and costs of delivery of royalty oil, or crude oil exchanged for the royalty oil, from the point of delivery under the contract to the purchaser's refinery. In addition, the purchaser must submit copies of agreements pertaining to quality differentials which may occur between leases and delivery points. 
</P>
<P>(b) A purchaser may not sell royalty oil which it purchases pursuant to this part except for purposes of an exchange for other crude oil on a volume or equivalent value basis. 
</P>
<P>(c) Royalty oil purchased under this part, or crude oil received in exchange for such royalty oil, must be processed into refined petroleum products in the purchaser's refinery. 


</P>
</DIV8>


<DIV8 N="§ 1208.10" NODE="30:3.0.2.19.8.1.5.10" TYPE="SECTION">
<HEAD>§ 1208.10   Notices.</HEAD>
<P>(a) The ONRR shall notify each operator, by certified mail, of the Secretary's decision to take royalty oil in kind. This notice shall be mailed at least 45 days in advance of the effective date of delivery and will specify delivery points for offshore oil for OCS leases issued after September 1969. 
</P>
<P>(b) Deliveries of royalty oil may be partially terminated only with the written approval of the Director, ONRR. 
</P>
<P>(c) Before terminating the delivery of royalty oil taken in kind, ONRR, if possible, will notify each operator by certified mail of the change in requirements at least 30 days in advance of the effective date. 
</P>
<P>(d) After ONRR notification that royalty oil will be taken in kind, the operator shall be responsible for notifying each working interest on the Federal lease. As soon as practicable after the date of each royalty oil sale, ONRR will publish in the <E T="04">Federal Register</E> a notice of the leases from which royalty oil will be taken, the purchasers of the royalty oil, and the leases from which royalty oil deliveries will be discontinued on terminated contracts. 
</P>
<P>(e) A purchaser cannot transfer, assign, or sell its rights or interest in a royalty oil contract without written approval of the Director, ONRR. If the purchaser changes ownership or its assets are sold or liquidated for any reason, it cannot transfer, assign, or sell its rights or interest in the royalty oil contract without written approval of the Director, ONRR. Without express written consent from ONRR for a change in ownership, the royalty oil contract shall be terminated. The successor company must meet the definition of an eligible refiner in § 1208.2 of this part for ONRR to consider assignment of the royalty oil contract. 


</P>
</DIV8>


<DIV8 N="§ 1208.11" NODE="30:3.0.2.19.8.1.5.11" TYPE="SECTION">
<HEAD>§ 1208.11   Surety requirements.</HEAD>
<P>(a) The eligible purchaser, prior to execution of the contract, shall furnish an “ONRR-specified surety instrument,” in an amount equal to the estimated value of royalty oil that could be taken by the purchaser in a 99-day period, plus related administrative charges. The ONRR may require the purchaser to increase the amount of the surety instrument when necessary to protect the Government's interest or may allow the purchaser to decrease the amount of the surety instrument where necessary to further the purposes of the Royalty-in-Kind Program.
</P>
<P>(b) If a letter of credit is furnished as the surety instrument, it must be effective for a 9-month period beginning the first day the royalty oil contract is effective, with a clause providing for automatic renewal monthly for a new 9-month period. The purchaser or its surety company may elect not to renew the letter of credit at any monthly anniversary date, but must notify ONRR of its intent not to renew at least 30 days prior to the anniversary date. The ONRR may grant the purchaser 45 days to obtain a new surety instrument. If no replacement surety instrument is provided, ONRR will terminate the contract effective at least 6 months prior to the expiration date of the letter of credit. Notwithstanding the above provisions, the letter of credit also may contain a clause providing for automatic termination 6 months after the royalty oil contract terminates. If a certificate of deposit is furnished as the surety instrument, it must be effective for the life of the contract plus 6 months after the royalty oil contract terminates.
</P>
<P>(c) For the purposes of this section, an “ONRR-specified surety instrument” means either: an ONRR-specified surety bond, an ONRR-specified irrevocable letter of credit, or a financial institution book-entry certificate of deposit.
</P>
<P>(d) The “ONRR-specified surety instrument” shall be in a form specified by ONRR instructions or approved by ONRR. A bond must be issued by a qualified surety company that has been approved by the Department of the Treasury. An irrevocable letter of credit or a certificate of deposit must be from a financial institution acceptable to ONRR. The ONRR will use a bank rating service to determine whether a financial institution has an acceptable rating to provide a surety instrument deemed adequate to indemnify the Government from loss or damage.
</P>
<P>(e) All surety instruments must be in a form acceptable to ONRR and must include such other specific requirements as ONRR may require adequately to protect the Government's interests.
</P>
<CITA TYPE="N">[58 FR 64901, Dec. 10, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 1208.12" NODE="30:3.0.2.19.8.1.5.12" TYPE="SECTION">
<HEAD>§ 1208.12   Payment requirements.</HEAD>
<P>(a) All payments to ONRR by a purchaser of royalty oil will be due on the date and at the location specified in the contract, or, if there is no contractual provision, as specified by ONRR. The purchaser shall tender all payments to ONRR in accordance with § 1218.51 of this chapter. Payments made by a payor pursuant to the requirements of paragraph (b) of this section and § 1208.13 also shall be tendered in accordance with § 1218.51 of this chapter. 
</P>
<P>(b)(1) Payments from a purchaser of royalty oil not received by ONRR when due, or that portion of the payment less than the full amount due, will be subject to a late payment charge equivalent to an interest assessment on the amount past due for the number of days that the payment is late at the underpayment rate applicable under section 6621 of the Internal Revenue Code of 1954. 
</P>
<P>(2) The ONRR may assess interest to a payor for any underpayments which are the result of the payor's late or underreporting, or for adjustments reported by the payor, or made as a result of audit, reconciliation, or other procedures. The interest for late payment and underpayment will be assessed pursuant to § 1218.54 of this chapter. 
</P>
<P>(c) If payment for royalty oil is not received by the due date specified in the contract, a notice of nonreceipt will be sent to the purchaser by certified mail. If payment is not received by ONRR within 15 days from the date of such notice, ONRR may cancel the contract and collect under the ONRR-specified surety instrument. See § 1208.11.
</P>
<P>(d) If the purchaser disagrees with the amount of payment due, it must pay the amount due as computed by ONRR, unless the purchaser appeals the amount and posts an ONRR-specified surety instrument pursuant to the provisions of 30 CFR part 1243. The ONRR may, at its discretion, waive the appeal surety requirements if it determines that the contract surety instrument is sufficient protection for an amount under appeal.
</P>
<CITA TYPE="N">[52 FR 41913, Oct. 30, 1987, as amended at 64901, Dec. 10, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 1208.13" NODE="30:3.0.2.19.8.1.5.13" TYPE="SECTION">
<HEAD>§ 1208.13   Reporting requirements.</HEAD>
<P>If ONRR underbills a purchaser under a royalty oil contract because of a payor's underreporting or failure to report on Form MMS-2014 pursuant to § 1210.52 of this chapter, the payor will be liable for payment of such underbilled amounts plus interest if they are unrecoverable from the purchaser or the surety instrument related to the contract.
</P>
<CITA TYPE="N">[58 FR 64902, Dec. 10, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 1208.14" NODE="30:3.0.2.19.8.1.5.14" TYPE="SECTION">
<HEAD>§ 1208.14   Civil and criminal penalties.</HEAD>
<P>Failure to abide by the regulations in this part may result in civil and criminal penalties being levied on that person as specified in sections 109 and 110 of the Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. 1719-20, and regulations at 30 CFR part 241. Civil penalties applicable under the OCSLA and the Mineral Leasing Act of 1920 may also be imposed. 


</P>
</DIV8>


<DIV8 N="§ 1208.15" NODE="30:3.0.2.19.8.1.5.15" TYPE="SECTION">
<HEAD>§ 1208.15   Audits.</HEAD>
<P>Audits of the accounts and books of lessees, operators, payors, and/or purchasers of royalty oil taken in kind may be made annually or at such other times as may be directed by ONRR. Such audits will be for the purpose of determining compliance with applicable statutes, regulations, and royalty oil contracts. ONRR may require you to provide records for the audit by one or more of the methods specified in 30 CFR 1217.10. 
</P>
<CITA TYPE="N">[88 FR 53793, Aug. 9, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 1208.16" NODE="30:3.0.2.19.8.1.5.16" TYPE="SECTION">
<HEAD>§ 1208.16   How to appeal a contracting officer's decision that you receive.</HEAD>
<P>If you receive a contracting officer's decision, you may:
</P>
<P>(a) Appeal that decision to the Board of Contract Appeals in the Office of Hearings and Appeals, Office of the Secretary, in accordance with the procedures provided in 43 CFR part 4, subpart C; or
</P>
<P>(b) File an action in the United States Court of Federal Claims.
</P>
<CITA TYPE="N">[64 FR 26251, May 13, 1999]


</CITA>
</DIV8>


<DIV8 N="§ 1208.17" NODE="30:3.0.2.19.8.1.5.17" TYPE="SECTION">
<HEAD>§ 1208.17   Suspensions for national emergencies.</HEAD>
<P>The Secretary of the Department of the Interior, upon a recommendation by the Secretary of Defense or the Secretary of Energy and with the approval of the President, may suspend operations under these regulations and suspend royalty oil contracts during a national emergency declared by the Congress or the President. 


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.8.2" TYPE="SUBPART">
<HEAD>Subpart B [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="1210" NODE="30:3.0.2.19.9" TYPE="PART">
<HEAD>PART 1210—FORMS AND REPORTS
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.;</I> 25 U.S.C. 396, 2107; 30 U.S.C. 189, 190, 359, 1023, 1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 1334, 1801 <I>et seq.;</I> and 44 U.S.C. 3506(a).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 35641, Aug. 5, 1983, unless otherwise noted. Redesignated at 75 FR 61081, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.9.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 15892, Mar. 26, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1210.01" NODE="30:3.0.2.19.9.1.5.1" TYPE="SECTION">
<HEAD>§ 1210.01   What is the purpose of this subpart?</HEAD>
<P>This subpart identifies information collections required by the Office of Natural Resources Revenue (ONRR), in the normal course of operations. This information is submitted by various parties associated with Federal and Indian leases such as lessees, designees, and operators. The information collected meets the ONRR congressionally mandated accounting and auditing responsibilities relating to Federal and Indian minerals revenue management. Information collected regarding production, royalties, and other payments due the Government from activities on leased Federal or Indian land is authorized by the Federal Oil and Gas Royalty Management Act of 1982, as amended (30 U.S.C. 1701 <I>et seq.</I>), as well as 43 U.S.C. 1334 and 30 U.S.C. 189, 359, 396, and 396d for oil and gas production; and by 30 U.S.C. 189, 359, 396, and 396d for solid minerals production.


</P>
</DIV8>


<DIV8 N="§ 1210.02" NODE="30:3.0.2.19.9.1.5.2" TYPE="SECTION">
<HEAD>§ 1210.02   To whom do these regulations apply?</HEAD>
<P>The regulations apply to any person, referred to in this subpart as “you,” “your,” or “reporter/payor,” who is a lessee under any Federal or Indian lease for any mineral or who is assigned or assumes an obligation to report data or make payment to ONRR. The term reporter/payor may include lessees, designees, operators, purchasers, reporters, other payors, and working interest owners, but is not restricted to these parties. This section does not affect the liability to pay and report royalties as established by other regulations, laws, and the lease terms.


</P>
</DIV8>


<DIV8 N="§ 1210.10" NODE="30:3.0.2.19.9.1.5.3" TYPE="SECTION">
<HEAD>§ 1210.10   What are the OMB-approved information collections?</HEAD>
<P>The information collection requirements identified in this subpart have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3501 <I>et seq.</I> Detailed information about each information collection request (ICR), including CFR citations, is included on the ONRR Web site at <I>http://www.onrr.gov/Laws_R_D/FRNotices/FRInfColl.htm-.</I> The ICRs and associated ONRR form numbers, if applicable, are listed below:
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">OMB Control number and short title
</TH><TH class="gpotbl_colhed" scope="col">Form or information collected
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0001, CFO Act of 1992, Accounts Receivable Confirmations</TD><TD align="left" class="gpotbl_cell">No form for the following collection:
<br/>• Accounts receivable confirmations
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0002, 30 CFR Parts 1202, 1206, and 1207, Indian Oil and Gas Valuation</TD><TD align="left" class="gpotbl_cell">Form ONRR-4109, Gas Processing Allowance Summary Report
<br/>Form ONRR-4110, Oil Transportation Allowance Report
<br/>Form ONRR-4295, Gas Transportation Allowance Report
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">Form ONRR-4393, Request to Exceed Regulatory Allowance Limitation 
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">Form ONRR-4410, Accounting for Comparison [Dual Accounting]
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">Form ONRR-4411, Safety Net Report
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0003, 30 CFR Parts 1227, 1228, and 1229, Delegated and Cooperative Activities with States and Indian Tribes</TD><TD align="left" class="gpotbl_cell">No forms for the following collections:
<br/>• Written delegation proposal to perform auditing and investigative activities
<br/>• Request for cooperative agreement and subsequent requirements
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0004, 30 CFR Parts 1210 and 1212, Royalty and Production Reporting</TD><TD align="left" class="gpotbl_cell">Form ONRR-2014, Report of Sales and Royalty Remittance 
<br/>Form ONRR-4054 (Parts A, B, and C), Oil and Gas Operations Report
<br/>Form ONRR-4058, Production Allocation Schedule Report
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0005, 30 CFR Parts 1202, 1204, 1206, and 1210, Federal Oil and Gas Valuation</TD><TD align="left" class="gpotbl_cell">Form ONRR-4377, Stripper Royalty Rate Reduction Notification
<br/>Form ONRR-4393, Request to Exceed Regulatory Allowance Limitation 
<sup>1</sup>
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">No form for the following collection:
<br/>• Federal oil valuation support information
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0006, 30 CFR Part 1243, Suspensions Pending Appeal and Bonding</TD><TD align="left" class="gpotbl_cell">Form ONRR-4435, Administrative Appeal Bond
<br/>Form ONRR-4436, Letter of Credit
<br/>Form ONRR-4437, Assignment of Certificate of Deposit
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">No forms for the following collections:
<br/>• Self bonding
<br/>• U.S. Treasury securities
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0008, 30 CFR Part 1218, Collection of Monies Due the Federal Government</TD><TD align="left" class="gpotbl_cell">Form ONRR-4425, Designation Form for Royalty Payment Responsibility
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">No forms for the following collections:
<br/>• Cross-lease netting documentation
<br/>• Indian recoupment approval
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0009, 30 CFR Part 1220, OCS Net Profit Share Payment Reporting</TD><TD align="left" class="gpotbl_cell">No form for the following collection:
<br/>• Net profit share payment information
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">1012-0010, 30 CFR Parts 1202, 1206, 1210, 1212, 1217, and 1218, Solid Minerals and Geothermal Resources Collections</TD><TD align="left" class="gpotbl_cell">Form ONRR-4430, Solid Minerals Production and Royalty Report
<br/>Form ONRR-4292, Coal Washing Allowance Report
<br/>Form ONRR-4293, Coal Transportation Allowance Report
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row"> </TD><TD align="left" class="gpotbl_cell">No forms for the following collections:
<br/>• Facility data—solid minerals
<br/>• Sales contracts—solid minerals
<br/>• Sales summaries—solid minerals
</TD></TR></TABLE></DIV><DIV class="table_foot"><P class="gpotbl_note">
<sup>1</sup> Lessees use Form ONRR-4393 for both Federal and Indian oil and gas leases. The form resides with ICR 1012-0005, but ONRR includes the burden hours for Indian leases in ICR 1012-0002.</P></DIV></DIV>
<CITA TYPE="N">[73 FR 15892, Mar. 26, 2008, as amended at 73 FR 58875, Oct. 8, 2008; 76 FR 76615, Dec. 8, 2011; 78 FR 30204, May 22, 2013]



</CITA>
</DIV8>


<DIV8 N="§ 1210.20" NODE="30:3.0.2.19.9.1.5.4" TYPE="SECTION">
<HEAD>§ 1210.20   What if I disagree with the burden hour estimates?</HEAD>
<P>Burden hour estimates are included on the ONRR Web site at <I>http://www.onrr.gov/Laws_R_D/FRNotices/FRInfColl.htm-.</I> Send comments on the accuracy of these burden estimates or suggestions on reducing the burden to the Office of Natural Resources Revenue, Attention: Rules &amp; Regs Team. 1012-XXXX P.O. Box 25165, Denver, CO 80225-0165. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
</P>
<CITA TYPE="N">[73 FR 15892, Mar. 26, 2008, as amended at 74 FR 46907, Sept. 14, 2009; 76 FR 76615, Dec. 8, 2011]


</CITA>
</DIV8>


<DIV8 N="§ 1210.21" NODE="30:3.0.2.19.9.1.5.5" TYPE="SECTION">
<HEAD>§ 1210.21   How do I report my taxpayer identification number?</HEAD>
<P>(a) Before paying or reporting to ONRR, you must obtain a payor code (see the ONRR <I>Minerals Revenue Reporter Handbook,</I> which is available on the Internet at <I>http://www.onrr.gov/FM/Handbooks/default.htm;</I> also see § 1210.56 for further information on how to obtain a handbook). At the time you request a payor code, you must provide your Employer Identification Number (EIN) by submitting:
</P>
<P>(1) An IRS Form W-9; or
</P>
<P>(2) An equivalent certification containing:
</P>
<P>(i) Your name;
</P>
<P>(ii) The name of your business, if different from your name;
</P>
<P>(iii) The form of your business entity; for example, a sole proprietorship, corporation, or partnership;
</P>
<P>(iv) The address of your business;
</P>
<P>(v) The EIN of your business; and
</P>
<P>(vi) A signed and dated certification that you are a U.S. citizen or resident alien and that the EIN number provided is correct.
</P>
<P>(b) If you are already paying or reporting to ONRR but do not have an EIN, ONRR may request that you submit an IRS Form W-9 or equivalent certification containing the information required under paragraph (a)(2) of this section.
</P>
<P>(c) The collection of this data is not subject to the provisions of the Paperwork Reduction Act because only information necessary to identify the respondent [5 CFR 1320.3(h)] is required.
</P>
<P>(d) The EIN you provide to ONRR under paragraph (a) of this section:
</P>
<P>(1) Means the taxpayer identification number (TIN) of an individual or other person (whether or not an employer), which is assigned under 26 U.S.C. 6011(b), or a corresponding version of prior law, or under 26 U.S.C. 6109;
</P>
<P>(2) Must contain nine digits separated by a hyphen as follows: 00-0000000; and
</P>
<P>(3) May not be a Social Security Number.
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011]


</CITA>
</DIV8>


<DIV8 N="§ 1210.30" NODE="30:3.0.2.19.9.1.5.6" TYPE="SECTION">
<HEAD>§ 1210.30   What are my responsibilities as a reporter/payor?</HEAD>
<P>Each reporter/payor must submit accurate, complete, and timely information to ONRR according to the requirements in this part. If you discover an error in a previous report, you must file an accurate and complete amended report within 30 days of your discovery of the error. If you do not comply, ONRR may assess civil penalties under 30 CFR part 1241.


</P>
</DIV8>


<DIV8 N="§ 1210.40" NODE="30:3.0.2.19.9.1.5.7" TYPE="SECTION">
<HEAD>§ 1210.40   Will ONRR keep the information I provide confidential?</HEAD>
<P>The ONRR will treat information obtained under this part as confidential to the extent permitted by law as specified at 43 CFR part 2.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.9.2" TYPE="SUBPART">
<HEAD>Subpart B—Royalty Reports—Oil, Gas, and Geothermal Resources</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 15892, Mar. 26, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1210.50" NODE="30:3.0.2.19.9.2.5.1" TYPE="SECTION">
<HEAD>§ 1210.50   What is the purpose of this subpart?</HEAD>
<P>The purpose of this subpart is to explain royalty reporting requirements when energy and mineral resources are removed from Federal and Indian oil and gas and geothermal leases and federally approved agreements. This includes leases and agreements located onshore and on the Outer Continental Shelf (OCS).


</P>
</DIV8>


<DIV8 N="§ 1210.51" NODE="30:3.0.2.19.9.2.5.2" TYPE="SECTION">
<HEAD>§ 1210.51   Who must submit royalty reports?</HEAD>
<P>(a) Any person who pays royalty to ONRR must submit royalty reports to ONRR.
</P>
<P>(b) Before you pay or report to ONRR, you must obtain a payor code. To obtain a payor code, refer to the ONRR <I>Minerals Revenue Reporter Handbook</I> for instructions and ONRR contact information (also see § 1210.56 for information on how to obtain a handbook).


</P>
</DIV8>


<DIV8 N="§ 1210.52" NODE="30:3.0.2.19.9.2.5.3" TYPE="SECTION">
<HEAD>§ 1210.52   What royalty reports must I submit?</HEAD>
<P>You must submit a completed Form ONRR-2014, Report of Sales and Royalty Remittance, to ONRR with:
</P>
<P>(a) All royalty payments; and
</P>
<P>(b) Rents on nonproducing leases, where specified in the lease.


</P>
</DIV8>


<DIV8 N="§ 1210.53" NODE="30:3.0.2.19.9.2.5.4" TYPE="SECTION">
<HEAD>§ 1210.53   When are my royalty reports and payments due?</HEAD>
<P>(a) Completed Forms ONRR-2014 for royalty payments and the associated payments are due by the end of the month following the production month (see also § 1218.50 of this chapter).
</P>
<P>(b) Completed Forms ONRR-2014 for rental payments, where applicable, and the associated payments are due as specified by the lease terms (see also § 1218.50 of this chapter).
</P>
<P>(c) You may submit reports and payments early.


</P>
</DIV8>


<DIV8 N="§ 1210.54" NODE="30:3.0.2.19.9.2.5.5" TYPE="SECTION">
<HEAD>§ 1210.54   Must I submit this royalty report electronically?</HEAD>
<P>(a) You must submit Form ONRR-2014 electronically unless you qualify for an exception under § 1210.55(a).
</P>
<P>(b) As of December 31, 2011, all reporters/payors must report to ONRR electronically via the eCommerce Reporting Web site. All reporters/payors also must report royalty data directly or upload files using the ONRR electronic web form located at <I>https://onrrreporting.onrr.gov.</I> You must upload your files in one of the following formats: The American Standard Code for information interchange (ASCII) or Comma Separated Values (CSV) formats. You must create your external files in the proprietary ASCII and CSV file layout formats defined by ONRR. You can generate these external files from your system application. Reporters/payors also can access detailed information and instructions regarding how to use the eCommerce Reporting Web site at <I>http://www.onrr.gov/FM/PDFDocs/eCommerce_FAQ.pdf.</I>
</P>
<P>(c) Refer to our electronic reporting guidelines in the ONRR <I>Minerals Revenue Reporter Handbook</I>, for the most current reporting options, instructions, and security measures. The handbook may be found on our Internet Web site or you may call your ONRR customer service representative (see § 1210.56 for further information on how to obtain a handbook).
</P>
<CITA TYPE="N">[73 FR 15892, Mar. 26, 2008, as amended at 77 FR 25879, May 2, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 1210.55" NODE="30:3.0.2.19.9.2.5.6" TYPE="SECTION">
<HEAD>§ 1210.55   May I submit this royalty report manually?</HEAD>
<P>(a) The ONRR will allow you to submit Form ONRR-2014 manually if:
</P>
<P>(1) You have never reported to ONRR before. You have 3 months from the date your first report is due to begin reporting electronically;
</P>
<P>(2) You report only rent, minimum royalty, or other annual obligations on Form ONRR-2014; or
</P>
<P>(3) You are a small business, as defined by the U.S. Small Business Administration, and you have no computer.
</P>
<P>(b) If you meet the qualifications under paragraph (a) of this section, you may submit your form manually to ONRR by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25627, Denver, CO 80225-0627; or
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225.
</P>
<CITA TYPE="N">[73 FR 15892, Mar. 26, 2008, as amended at 77 FR 25879, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.56" NODE="30:3.0.2.19.9.2.5.7" TYPE="SECTION">
<HEAD>§ 1210.56   Where can I find more information on how to complete the royalty report?</HEAD>
<P>(a) Refer to the ONRR <I>Minerals Revenue Reporter Handbook</I> for specific guidance on how to prepare and submit Form ONRR-2014. You may find the handbook at <I>http://www.onrr.gov/FM/Handbooks/default.htm</I> or from the contacts on that Web page.
</P>
<P>(b) Reporters/payors should refer to the handbook for specific guidance on royalty reporting requirements. If you require additional information, you should contact ONRR at the above address. A customer service telephone number is also listed in our handbook.
</P>
<P>(c) You may find Form ONRR-2014 at <I>http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm</I> or from contacts listed on that Web page.
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25879, May 2, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 1210.60" NODE="30:3.0.2.19.9.2.5.8" TYPE="SECTION">
<HEAD>§ 1210.60   What definitions apply to this subpart?</HEAD>
<P>Terms used in this subpart have the same meaning as in 30 U.S.C. 1702.


</P>
</DIV8>


<DIV8 N="§ 1210.61" NODE="30:3.0.2.19.9.2.5.9" TYPE="SECTION">
<HEAD>§ 1210.61   What additional reporting requirements must I meet for Indian oil valuation purposes?</HEAD>
<P>(a) If you must report and pay under § 1206.52 of this chapter, you must use Sales Type Code ARMS on Form ONRR-2014.
</P>
<P>(b) If you must report and pay under § 1206.53 of this chapter, you must use Sales Type Code NARM on Form ONRR-2014.
</P>
<P>(c) If you must report and pay under § 1206.54 of this chapter, you must use Sales Type Code OINX on Form ONRR-2014.
</P>
<P>(d) You must report one of the following crude oil types in the product code field of Form ONRR-2014:
</P>
<P>(1) Sweet (code 61);
</P>
<P>(2) Sour (code 62);
</P>
<P>(3) Asphaltic (code 63);
</P>
<P>(4) Black Wax (code 64); or
</P>
<P>(5) Yellow Wax (code 65).
</P>
<P>(e) All of the remaining requirements of this subpart apply.
</P>
<CITA TYPE="N">[80 FR 24814, May 1, 2015]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.9.3" TYPE="SUBPART">
<HEAD>Subpart C—Production Reports—Oil and Gas</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 15892, Mar. 26, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1210.100" NODE="30:3.0.2.19.9.3.5.1" TYPE="SECTION">
<HEAD>§ 1210.100   What is the purpose of this subpart?</HEAD>
<P>The purpose of this subpart is to explain production reporting requirements when energy and mineral resources are removed from Federal and Indian oil and gas leases and federally approved agreements. This includes leases and unit and communitization agreements located onshore and on the Outer Continental Shelf (OCS).


</P>
</DIV8>


<DIV8 N="§ 1210.101" NODE="30:3.0.2.19.9.3.5.2" TYPE="SECTION">
<HEAD>§ 1210.101   Who must submit production reports?</HEAD>
<P>(a) If you operate a Federal or Indian oil and gas lease or federally approved unit or communitization agreement, you must submit production reports.
</P>
<P>(b) Before reporting production to ONRR, you must obtain an operator number. To obtain an operator number, refer to the ONRR <I>Minerals Production Reporter Handbook</I> for instructions and ONRR contact information (also see § 1210.106 for information on how to obtain a handbook).


</P>
</DIV8>


<DIV8 N="§ 1210.102" NODE="30:3.0.2.19.9.3.5.3" TYPE="SECTION">
<HEAD>§ 1210.102   What production reports must I submit?</HEAD>
<P>(a) Form ONRR-4054, Oil and Gas Operations Report. If you operate a Federal or Indian onshore or OCS oil and gas lease or federally approved unit or communitization agreement that contains one or more wells that are not permanently plugged or abandoned, you must submit Form ONRR-4054 to ONRR:
</P>
<P>(1) You must submit Form ONRR-4054 for each well for each calendar month, beginning with the month in which you complete drilling, unless:
</P>
<P>(i) You have only test production from a drilling well; or
</P>
<P>(ii) The ONRR tells you in writing to report differently.
</P>
<P>(2) You must continue reporting until:
</P>
<P>(i) The Bureau of Land Management (BLM) or ONRR approves all wells as permanently plugged or abandoned or the lease or unit or communitization agreement is terminated; and
</P>
<P>(ii) You dispose of all inventory.
</P>
<P>(b) Form ONRR-4058, Production Allocation Schedule Report. If you operate an offshore facility measurement point (FMP) handling production from a Federal oil and gas lease or federally approved unit agreement that is commingled (with approval) with production from any other source prior to measurement for royalty determination, you must file Form ONRR-4058.
</P>
<P>(1) You must submit Form ONRR-4058 for each calendar month beginning with the month in which you first handle production covered by this section.
</P>
<P>(2) Form ONRR-4058 is not required whenever all of the following conditions are met:
</P>
<P>(i) All leases involved are Federal leases;
</P>
<P>(ii) All leases have the same fixed royalty rate;
</P>
<P>(iii) All leases are operated by the same operator;
</P>
<P>(iv) The facility measurement device is operated by the same person as the leases/agreements;
</P>
<P>(v) Production has not been previously measured for royalty determination; and
</P>
<P>(vi) The production is not subsequently commingled and measured for royalty determination at an FMP for which Form ONRR-4058 is required under this part.


</P>
</DIV8>


<DIV8 N="§ 1210.103" NODE="30:3.0.2.19.9.3.5.4" TYPE="SECTION">
<HEAD>§ 1210.103   When are my production reports due?</HEAD>
<P>(a) The ONRR must receive your completed Forms ONRR-4054 and ONRR-4058 by the 15th day of the second month following the month for which you are reporting.
</P>
<P>(b) A report is considered received when it is delivered to ONRR by 4 p.m. mountain time at the addresses specified in § 1210.105. Reports received after 4 p.m. mountain time are considered received the following business day.


</P>
</DIV8>


<DIV8 N="§ 1210.104" NODE="30:3.0.2.19.9.3.5.5" TYPE="SECTION">
<HEAD>§ 1210.104   Must I submit these production reports electronically?</HEAD>
<P>(a) You must submit Forms ONRR-4054 and ONRR-4058 electronically unless you qualify for an exception under § 1210.105.
</P>
<P>(b) As of December 31, 2011, all reporters/payors must report to ONRR electronically via the eCommerce Reporting Web site. All reporters/payors also must report production data directly or upload files using the ONRR electronic web form located at <I>https://onrrreporting.onrr.gov.</I> You must upload your files in one of the following formats: The American Standard Code for information interchange (ASCII) or Comma Separated Values (CSV) formats. You must create your external files in the proprietary ASCII and CSV file layout formats defined by ONRR. You can generate these external files from your system application. Reporters/payors also can access detailed information and instructions regarding how to use the eCommerce Reporting Web site at <I>http://www.onrr.gov/FM/PDFDocs/eCommerce_FAQ.pdf.</I>
</P>
<P>(c) Refer to our electronic reporting guidelines in the ONRR <I>Minerals Production Reporter Handbook</I> for the most current reporting options, instructions, and security measures. The handbook may be found on our Internet Web site or you may call your ONRR customer service representative (see § 1210.106 for further information on how to obtain a handbook).
</P>
<CITA TYPE="N">[73 FR 15892, Mar. 26, 2008, as amended at 77 FR 25880, May 2, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 1210.105" NODE="30:3.0.2.19.9.3.5.6" TYPE="SECTION">
<HEAD>§ 1210.105   May I submit these production reports manually?</HEAD>
<P>(a) The ONRR will allow you to submit Forms ONRR-4054 and ONRR-4058 manually if:
</P>
<P>(1) You have never reported to ONRR before. You have 3 months from the day your first report is due to begin reporting electronically; and
</P>
<P>(2) You are a small business, as defined by the U.S. Small Business Administration, and you have no computer.
</P>
<P>(b) If you meet the qualifications under paragraph (a) of this section, you may submit your forms manually to ONRR by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25627, Denver, CO 80225-0627; or
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225.
</P>
<CITA TYPE="N">[73 FR 15892, Mar. 26, 2008, as amended at 77 FR 25879, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.106" NODE="30:3.0.2.19.9.3.5.7" TYPE="SECTION">
<HEAD>§ 1210.106   Where can I find more information on how to complete these production reports?</HEAD>
<P>(a) Refer to the ONRR <I>Minerals Production Reporter Handbook</I> for specific guidance on how to prepare and submit Forms ONRR-4054 and ONRR-4058. You may find the handbook at <I>http://www.onrr.gov/FM/Handbooks/default.htm</I> or from contacts listed on that Web page.
</P>
<P>(b) Production reporters should refer to the handbook for specific guidance on production reporting requirements. If you require additional information, you should contact ONRR at the above address. A customer service telephone number is also listed in our handbook.
</P>
<P>(c) You may find Forms ONRR-4054 and ONRR-4058 at <I>http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm</I> or from contacts listed on that Web page.
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25880, May 2, 2012]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.9.4" TYPE="SUBPART">
<HEAD>Subpart D—Special-Purpose Forms and Reports—Oil, Gas, and Geothermal Resources</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>73 FR 15892, Mar. 26, 2008, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1210.150" NODE="30:3.0.2.19.9.4.5.1" TYPE="SECTION">
<HEAD>§ 1210.150   What is the purpose of this subpart?</HEAD>
<P>This subpart identifies specific special-purpose reports and provides general information, reporting options, and reporting addresses. See § 1210.10 for a complete listing of all information collections, including forms and references for specific information collections.


</P>
</DIV8>


<DIV8 N="§ 1210.151" NODE="30:3.0.2.19.9.4.5.2" TYPE="SECTION">
<HEAD>§ 1210.151   What reports must I submit to claim an excess allowance?</HEAD>
<P>(a) <I>General.</I> If you are a lessee, you must submit Form ONRR-4393, Request to Exceed Regulatory Allowance Limitation, to request approval from ONRR to exceed prescribed transportation and processing allowance limits on Federal oil and gas leases and prescribed transportation allowance limits on Indian oil and gas leases under part 1206 of this chapter.
</P>
<P>(b) <I>Reporting options.</I> You may find Form ONRR-4393 at <I>http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm</I> or from contacts listed on that Web page.
</P>
<P>(c) <I>Reporting address.</I> Submit completed Form ONRR-4393 as follows:
</P>
<P>(1) Complete and submit the form electronically as an email attachment to <I>royaltyvaluation@onrr.gov</I>;
</P>
<P>(2) Send the form by U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25165, MS 643000B, Denver, CO 80225-0165; or
</P>
<P>(3) Deliver the form to ONRR by special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225.
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25879, 25880, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.152" NODE="30:3.0.2.19.9.4.5.3" TYPE="SECTION">
<HEAD>§ 1210.152   What reports must I submit to claim allowances on an Indian lease?</HEAD>
<P>(a) <I>General.</I> You must submit three additional forms to ONRR to claim transportation or processing allowances on Indian oil and gas leases:
</P>
<P>(1) You must submit Form ONRR-4110, Oil Transportation Allowance Report, to claim an allowance for expenses incurred by a reporter/payor to transport oil from the lease site to a point remote from the lease where value is determined under § 1206.55 of this chapter.
</P>
<P>(2) You must submit Form ONRR-4109, Gas Processing Allowance Summary Report, to claim an allowance for the reasonable, actual costs of removing hydrocarbon and nonhydrocarbon elements or compounds from a gas stream under § 1206.180 of this chapter.
</P>
<P>(3) You must submit Form ONRR-4295, Gas Transportation Allowance Report, to claim an allowance for the reasonable, actual costs of transporting gas from the lease to the point of first sale under § 1206.178 of this chapter.
</P>
<P>(b) <I>Reporting options.</I> You must submit Forms ONRR-4110, ONRR-4109, and ONRR-4295 manually. You may find the forms at <I>http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm</I> or from contacts listed on that Web page.
</P>
<P>(c) <I>Reporting address.</I> You may submit completed Forms ONRR-4110, ONRR-4109, and ONRR-4295 by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25165, MS 634000B, Denver, CO 80225-0165;
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225; or
</P>
<P>(3) Complete and submit the form electronically as an email attachment to <I>onrrindianforms@onrr.gov.</I>
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25879, 25880, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.153" NODE="30:3.0.2.19.9.4.5.4" TYPE="SECTION">
<HEAD>§ 1210.153   What reports must I submit for Indian gas valuation purposes?</HEAD>
<P>(a) <I>General.</I> For Indian gas valuation, under certain conditions under § 1206.172 of this chapter, lessees must submit the following forms:
</P>
<P>(1) Form ONRR-4410, Accounting for Comparison (Dual Accounting), Part A or part B; and/or
</P>
<P>(2) Form ONRR-4411, Safety Net Report.
</P>
<P>(b) <I>Reporting options.</I> You must submit Forms ONRR-4410 and ONRR-4411 manually. You may find the forms at <I>http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm</I> or from contacts listed on that Web page.
</P>
<P>(c) <I>Reporting address.</I> You must submit completed Forms ONRR-4410 and ONRR-4411 by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25165, MS 634000B, Denver, CO 80225-0165;
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225; or
</P>
<P>(3) Complete and submit the form electronically as an email attachment to <I>onrrindianforms@onrr.gov.</I>
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25879, 25880, May 2, 2012; 87 FR 21745, 21746, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.154" NODE="30:3.0.2.19.9.4.5.5" TYPE="SECTION">
<HEAD>§ 1210.154   What documents or other information must I submit for Federal oil valuation purposes?</HEAD>
<P>(a) <I>General.</I> The ONRR may require you to submit documents or other information to ONRR to support your valuation of Federal oil under part 1206 as part of audit compliance.
</P>
<P>(b) <I>Reporting options.</I> You must submit the documents or other information manually.
</P>
<P>(c) <I>Reporting address.</I> You must submit required documents or other information by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25165, MS 63240B, Denver, CO 80225-0165; or
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225.
</P>
<CITA TYPE="N">[73 FR 15892, Mar. 26, 2008, as amended at 77 FR 25879, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.155" NODE="30:3.0.2.19.9.4.5.6" TYPE="SECTION">
<HEAD>§ 1210.155   What reports must I submit for Federal onshore stripper oil properties?</HEAD>
<P>(a) <I>General.</I> Operators who have been granted a reduced royalty rate by the Bureau of Land Management (BLM) under 43 CFR 3103.4-2 must submit Form ONRR-4377, Stripper Royalty Rate Reduction Notification, under 43 CFR 3103.4-2(b)(3).
</P>
<P>(b) <I>Reporting options.</I> You may find Form ONRR-4377 at <I>http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm.</I> You may file the form:
</P>
<P>(1) Electronically by filling the form out in electronic format and submitting it to ONRR as an e-mail attachment; or
</P>
<P>(2) Manually by filling out the form and submitting it by:
</P>
<P>(i) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue (ONRR), P.O. Box 25165, Denver, CO 80225-0165; or
</P>
<P>(ii) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A-614, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225.
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25879, 25880, May 2, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 1210.156" NODE="30:3.0.2.19.9.4.5.7" TYPE="SECTION">
<HEAD>§ 1210.156   What reports must I submit for net profit share leases?</HEAD>
<P>(a) <I>General.</I> After entering into a net profit share lease (NPSL) agreement, a lessee must report under part 1220 of this chapter.
</P>
<P>(b) <I>Reporting options.</I> You must submit the required report manually.
</P>
<P>(c) <I>Reporting address.</I> You must submit the required documents by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25165, MS 633000B, Denver, CO 80225-0165; or
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225.
</P>
<CITA TYPE="N">[73 FR 15892, Mar. 26, 2008, as amended at 77 FR 25879, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.157" NODE="30:3.0.2.19.9.4.5.8" TYPE="SECTION">
<HEAD>§ 1210.157   What reports must I submit to suspend an ONRR order under appeal?</HEAD>
<P>(a) <I>General.</I> Reporters/payors or other recipients of ONRR Office of Natural Resources (MRM) Revenue orders who appeal an order may be required to post a bond or other surety, under part 1243 of this chapter. The ONRR accepts the following surety types: Form ONRR-4435, Administrative Appeal Bond; Form ONRR-4436, Letter of Credit; Form ONRR-4437, Assignment of Certificate of Deposit; Self-bonding; and U.S. Treasury Securities.
</P>
<P>(b) <I>Reporting options.</I> You must submit these forms and other documents manually. You may find the forms and other documents under Surety Instrument Posting Instructions on our Internet Web site at <I>http://www.onrr.gov/Laws_R_D/FRNotices/ICR0122.htm.</I>
</P>
<P>(c) <I>Reporting address.</I> You may submit the required forms and other documents as specified in the Surety Instrument Posting Instructions or by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25165, MS 63230B, Denver, CO 80225-0165;
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225.
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25879, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.158" NODE="30:3.0.2.19.9.4.5.9" TYPE="SECTION">
<HEAD>§ 1210.158   What reports must I submit to designate someone to make my royalty payments?</HEAD>
<P>(a) <I>General.</I> You must submit Form ONRR-4425, Designation Form for Royalty Payment Responsibility, if you want to designate a person to make royalty payments on your behalf under § 1218.52 of this chapter.
</P>
<P>(b) <I>Reporting options.</I> You must submit Form ONRR-4425 manually. You may find the form at <I>http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm.</I>
</P>
<P>(c) <I>Reporting address.</I> You must submit completed Form ONRR-4425 by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25165, MS 633000B, Denver, CO 80225-0165; or
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225.
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25879, 25880, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.9.5" TYPE="SUBPART">
<HEAD>Subpart E—Production and Royalty Reports—Solid Minerals</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>66 FR 45771, Aug. 30, 2001, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1210.200" NODE="30:3.0.2.19.9.5.5.1" TYPE="SECTION">
<HEAD>§ 1210.200   What is the purpose of this subpart?</HEAD>
<P>This subpart explains your reporting requirements if you produce coal or other solid minerals from Federal or Indian leases. Included are your requirements for reporting production, sales, and royalties. 


</P>
</DIV8>


<DIV8 N="§ 1210.201" NODE="30:3.0.2.19.9.5.5.2" TYPE="SECTION">
<HEAD>§ 1210.201   How do I submit Form ONRR-4430, Solid Minerals Production and Royalty Report?</HEAD>
<P>(a) <I>What to submit.</I> (1) You must submit a completed Form ONRR-4430 for— 
</P>
<P>(i) Production of all coal and other solid minerals from any Federal or Indian lease; 
</P>
<P>(ii) Sale of any such mineral; 
</P>
<P>(iii) Any such mineral held in stockpile or inventory; and 
</P>
<P>(iv) Payment of rents (other than those for which you receive from ONRR a Courtesy Notice as defined in § 1218.51(a) of this chapter), minimum royalty, deferred bonus, advance royalty, minimum royalty payable in advance, settlements, recoupments, and other financial obligations. 
</P>
<P>(2) You must submit a completed Form ONRR-4430 for any product you sell from a remote storage site. If you sell from five or fewer remote storage sites, you must report sales from each site on separate Forms ONRR-4430. If you sell from more than five remote storage sites, you must total the data from all sites and report the summarized data on one Form ONRR-4430. 
</P>
<P>(3) Instructions for completing and submitting Form ONRR-4430 are available on our Internet reporting web site or you may contact us toll free at 1-888-201-6416. 
</P>
<P>(b) <I>When to submit.</I> (1) Unless your lease terms specify a different frequency for royalty payments, you must submit your Form ONRR-4430 on or before the end of the month following the month in which you produce any solid mineral, sell any solid mineral, or hold any solid mineral production in stockpile or inventory. However, if the last day of the month falls on a weekend or holiday, your Form ONRR-4430 is due on the next business day. 
</P>
<P>(2) If your lease terms specify a different frequency for royalty payment, then you must submit your Form ONRR-4430 on or before the date on which you must pay royalty under the terms of the lease. 
</P>
<P>(3) You must submit your Form ONRR-4430 for payment of rents (other than those for which you receive from ONRR a Courtesy Notice as defined in § 1218.51(a) of this chapter), minimum royalty, deferred bonus, advance royalty, minimum royalty payable in advance, settlements, recoupments, and other financial obligations on or before the date on which you must pay those obligations under the terms of the lease. 
</P>
<P>(4) If the information on a previously reported Form ONRR-4430 is no longer correct, you must submit a revised Form ONRR-4430 by the last day of the month in which you learn that the previously reported information is no longer correct, except when the last day of the month falls on a weekend or holiday. If the last day of the month falls on a weekend or holiday, your revised Form ONRR-4430 is due on the first business day of the following month. 
</P>
<P>(c) <I>How to submit.</I> (1) You must submit Form ONRR-4430 electronically using our Internet reporting web site unless you meet the conditions in paragraph (c)(2). We will provide written instructions and a valid login and password before you begin reporting. 
</P>
<P>(2) You are not required to report electronically if you are a small business as defined by the U.S. Small Business Administration (13 CFR 121.201) and you have no computer, no plans to purchase a computer, and no contract with an electronic reporting service. 
</P>
<P>(3) If you do not report electronically, you must submit the completed Form ONRR-4430 to us at one of the following addresses, unless ONRR publishes notice in the <E T="04">Federal Register</E> giving a different address: 
</P>
<P>(i) <I>For U.S. Postal Service regular mail or Express Mail:</I> Office of Natural Resources Revenue (ONRR), P.O. Box 25165, MS 633000B, Denver, CO 80225-0165; or 
</P>
<P>(ii) <I>For courier service or overnight mail (excluding Express Mail):</I> Office of Natural Resources Revenue, Building 85, Denver Federal Center, Room A322, Denver, Colorado 80225. 
</P>
<CITA TYPE="N">[66 FR 45771, Aug. 30, 2001; 66 FR 50827, Oct. 5, 2001, as amended at 77 FR 25879, May 2, 2012; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.202" NODE="30:3.0.2.19.9.5.5.3" TYPE="SECTION">
<HEAD>§ 1210.202   How do I submit sales summaries?</HEAD>
<P>(a) <I>What to submit.</I> (1) You must submit sales summaries for all coal and other solid minerals produced from Federal and Indian leases and for any remote storage site from which you sell Federal or Indian solid minerals. You do not have to submit a sales summary for those months in which you do not sell any Federal or Indian production. 
</P>
<P>(2) If you sell from five or fewer remote storage sites, you must submit a sales summary for each site. If you sell from more than five remote storage sites, you may total the data from all sites and submit the summarized data as one sales summary. The details you report on the sales summary are for the same sales reported on Form ONRR-4430. 
</P>
<P>(3) Use the following table to determine the time frames for submitting sales summaries and the data elements you must include. Your submitted sales summaries must include the following data but may be internally generated documents from your own records. You do not need to re-format them before submitting them to us: 
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Data element 
</TH><TH class="gpotbl_colhed" scope="col">Coal 
</TH><TH class="gpotbl_colhed" scope="col">Sodium/potassium 
</TH><TH class="gpotbl_colhed" scope="col">Western
<br/>phosphate 
</TH><TH class="gpotbl_colhed" scope="col">Metals 
</TH><TH class="gpotbl_colhed" scope="col">All other leases with ad valorem royalty terms 
</TH><TH class="gpotbl_colhed" scope="col">All other leases with no ad valorem royalty terms 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(i) Purchaser Name or Unique Identification</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">As Requested
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ii) Sales Units</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iii) Gross Proceeds</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(iv) Processing or washing costs</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(v) Transportation costs</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(vi) Name of product type sold</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">As Requested
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(vii) Btu/lb</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(viii) Ash %</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(ix) Sulfur %</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(x) lbs SO2</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(xi) Moisture %</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(xii) By-product Units</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">As Requested</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">As Requested</TD><TD align="left" class="gpotbl_cell">As Requested</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(xiii) P2O5 %</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(xiv) Size</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">As Requested</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(xv) Net Smelter Return data</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">Not Required</TD><TD align="left" class="gpotbl_cell">Not Required
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(xvi) Other Data e.g., Royalty Calculation Worksheet</TD><TD align="left" class="gpotbl_cell">As Requested</TD><TD align="left" class="gpotbl_cell">Monthly</TD><TD align="left" class="gpotbl_cell">As Requested</TD><TD align="left" class="gpotbl_cell">As Requested</TD><TD align="left" class="gpotbl_cell">As Requested</TD><TD align="left" class="gpotbl_cell">As Requested.</TD></TR></TABLE></DIV></DIV>
<P>(b) <I>When to submit.</I> (1) For leases with ad valorem royalty terms (that is, leases for which royalty is a percentage of the value of production), you must submit your sales summaries monthly at the same time you submit Form ONRR-4430. You do not have to submit a sales summary for any month in which you did not sell Federal or Indian production. 
</P>
<P>(2) For leases with no ad valorem royalty terms (that is, leases in which the royalty due is not a function of the value of production, such as cents-per-ton or dollars-per-unit), you must submit monthly sales summaries only if we specifically request you to do so. 
</P>
<P>(c) <I>How to submit.</I> (1) You should provide the sales summary data via electronic mail where possible. We will provide instructions and the proper email address for these submissions. 
</P>
<P>(2) If you submit sales summaries by paper copy, mail them to one of the following addresses, unless ONRR publishes notice in the <E T="04">Federal Register</E> giving a different address: 
</P>
<P>(i) <I>For U.S. Postal Service regular mail or Express Mail:</I> Office of Natural Resources Revenue, P.O. Box 25165, MS 633000B, Denver, CO 80225-0165. 
</P>
<P>(ii) <I>For courier service or overnight mail (excluding Express Mail):</I> Office of Natural Resources Revenue, MS 633000B, Room A322, Bldg. 85, DFC, Denver, Colorado 80225-0165. 
</P>
<CITA TYPE="N">[48 FR 35641, Aug. 5, 1983, as amended at 76 FR 76615, Dec. 8, 2011; 87 FR 21745, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.203" NODE="30:3.0.2.19.9.5.5.4" TYPE="SECTION">
<HEAD>§ 1210.203   How do I submit sales contracts?</HEAD>
<P>(a) <I>What to submit.</I> You must submit sales contracts, agreements, and contract amendments for the sale of all coal and other solid minerals produced from Federal and Indian leases with ad valorem royalty terms. 
</P>
<P>(b) <I>When to submit.</I> (1) For coal and metal production, you must submit the required documents semi-annually, no later than March 30 and September 30 of each year. 
</P>
<P>(2) For sodium, potassium, and phosphate production, and production from any other lease with ad valorem royalty terms, you must submit the required documents only if you are specifically requested to do so. 
</P>
<P>(c) <I>How to submit.</I> You must submit complete copies of the sales contracts and amendments to us at the applicable address given in § 1210.202(c)(2), unless ONRR publishes notice in the <E T="04">Federal Register</E> giving a different address. 


</P>
</DIV8>


<DIV8 N="§ 1210.204" NODE="30:3.0.2.19.9.5.5.5" TYPE="SECTION">
<HEAD>§ 1210.204   How do I submit facility data?</HEAD>
<P>(a) <I>What to submit.</I> (1) You must submit facility data if you operate a wash plant, refining, ore concentration, or other processing facility for any coal, sodium, potassium, metals, or other solid minerals produced from Federal or Indian leases with ad valorem royalty terms, regardless of whether the facility is located on or off the lease. 
</P>
<P>(2) You do not have to submit facility data for those months in which you do not process solid minerals produced from Federal or Indian leases and do not have any such minerals in stockpile inventory. 
</P>
<P>(3) You must include in your facility data all production processed in the facility from all properties, not just production from Federal and Indian leases. 
</P>
<P>(4) Facility data submissions must include the following minimum information: 
</P>
<P>(i) Identification of your facility; 
</P>
<P>(ii) Mines served; 
</P>
<P>(iii) Input quantity; 
</P>
<P>(iv) Input quality or ore grade (except for coal); 
</P>
<P>(v) Output quantity; and 
</P>
<P>(vi) Output quality or product grades. 
</P>
<P>(5) Your submitted facility data may be internally generated documents from your own records. You do not need to re-format them before submitting them to us. 
</P>
<P>(b) <I>When to submit.</I> You must submit your facility data monthly at the same time you submit your Form ONRR-4430. 
</P>
<P>(c) <I>How to submit.</I> (1) You should provide the facility data via electronic mail where possible. We will provide instructions and the proper email address for these submissions before you begin reporting. 
</P>
<P>(2) If you submit facility data by paper copy, send it to the applicable address given in § 1210.202(c)(2). 


</P>
</DIV8>


<DIV8 N="§ 1210.205" NODE="30:3.0.2.19.9.5.5.6" TYPE="SECTION">
<HEAD>§ 1210.205   What reports must I submit to claim allowances on Indian coal leases?</HEAD>
<P>(a) <I>General.</I> You must submit the following ONRR forms to claim a transportation or washing allowance, as applicable, on Indian coal leases:
</P>
<P>(1) Form ONRR-4292, Coal Washing Allowance Report, to claim an allowance for the reasonable, actual costs incurred to wash coal under § 1206.458 of this chapter.
</P>
<P>(2) Form ONRR-4293, Coal Transportation Allowance Report, to claim an allowance for the reasonable, actual costs of transporting coal to a sales point or a washing facility remote from the mine or lease under § 1206.461 of this chapter.
</P>
<P>(b) <I>Reporting options.</I> You must submit the forms manually. You may find the forms at <I>http://www.onrr.gov/FM/Forms/AFSSol_Min.htm.</I>
</P>
<P>(c) <I>Reporting address.</I> You must submit completed Forms ONRR-4292 and ONRR-4293 by:
</P>
<P>(1) U.S. Postal Service regular or express mail addressed to Office of Natural Resources Revenue, P.O. Box 25165, MS 633000B, Denver, CO 80225-0165;
</P>
<P>(2) Special courier or overnight mail addressed to Office of Natural Resources Revenue, Building 85, Room A322, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225; or
</P>
<P>(3) Complete and submit the form electronically as an email attachment to <I>onrrindianforms@onrr.gov.</I>
</P>
<CITA TYPE="N">[73 FR 15897, Mar. 26, 2008, as amended at 76 FR 76615, Dec. 8, 2011; 77 FR 25879, 25880, May 2, 2012; 78 FR 30205, May 22, 2013; 87 FR 21745, 21746, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1210.206" NODE="30:3.0.2.19.9.5.5.7" TYPE="SECTION">
<HEAD>§ 1210.206   Will I need to submit additional documents or evidence to ONRR?</HEAD>
<P>(a) Federal and Indian lease terms allow us to request detailed statements, documents, or other evidence necessary to verify compliance with lease terms and conditions and applicable rules. 
</P>
<P>(b) We will request this additional information as we need it, not as a regular submission. 
</P>
<CITA TYPE="N">[66 FR 45771, Aug. 30, 2001. Redesignated at 73 FR 15897, Mar. 26, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 1210.207" NODE="30:3.0.2.19.9.5.5.8" TYPE="SECTION">
<HEAD>§ 1210.207   How will information submissions be kept confidential?</HEAD>
<P>Information submitted under this part that constitutes trade secrets or commercial and financial information that is identified as privileged or confidential, or that is exempt from disclosure under the Freedom of Information Act, 5 U.S.C. 552, shall not be available for public inspection or made public or disclosed without the consent of the lessee, except as otherwise provided by law or regulation.
</P>
<CITA TYPE="N">[66 FR 45771, Aug. 30, 2001. Redesignated at 73 FR 15897, Mar. 26, 2008]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:3.0.2.19.9.6" TYPE="SUBPART">
<HEAD>Subpart F—Coal [Reserved]</HEAD>

</DIV6>


<DIV6 N="G" NODE="30:3.0.2.19.9.7" TYPE="SUBPART">
<HEAD>Subpart G—Other Solid Minerals [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:3.0.2.19.9.8" TYPE="SUBPART">
<HEAD>Subpart H—Geothermal Resources</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>56 FR 57286, Nov. 8, 1991, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1210.350" NODE="30:3.0.2.19.9.8.5.1" TYPE="SECTION">
<HEAD>§ 1210.350   Definitions.</HEAD>
<P>Terms used in this subpart shall have the same meaning as in § 1206.351 of this chapter.


</P>
</DIV8>


<DIV8 N="§ 1210.351" NODE="30:3.0.2.19.9.8.5.2" TYPE="SECTION">
<HEAD>§ 1210.351   Required recordkeeping.</HEAD>
<P>Information required by ONRR shall be filed using the forms prescribed in this subpart, which are available from ONRR. Records may be maintained on microfilm, microfiche, or other recorded media that are easily reproducible and readable. See subpart H of 30 CFR part 1212.


</P>
</DIV8>


<DIV8 N="§ 1210.352" NODE="30:3.0.2.19.9.8.5.3" TYPE="SECTION">
<HEAD>§ 1210.352   Special forms and reports.</HEAD>
<P>The ONRR may require submission of additional information on special forms or reports. When special forms or reports other than those referred to in this subpart are necessary, ONRR will give instructions for the filing of such forms or reports. Requests for the submission of such forms will be made in conformity with the requirements of the Paperwork Reduction Act of 1980 and other applicable laws. 
</P>
<CITA TYPE="N">[56 FR 57286, Nov. 8, 1991. Redesignated at 72 FR 24467, May 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 1210.353" NODE="30:3.0.2.19.9.8.5.4" TYPE="SECTION">
<HEAD>§ 1210.353   Monthly report of sales and royalty.</HEAD>
<P>You must submit a completed Report of Sales and Royalty Remittance (Form ONRR-2014) each month once sales or use of production occur, even though sales may be intermittent, unless ONRR otherwise authorizes. This report is due on or before the last day of the month following the month in which production was sold or used, together with the royalties due to the United States.
</P>
<CITA TYPE="N">[78 FR 30206, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1210.354" NODE="30:3.0.2.19.9.8.5.5" TYPE="SECTION">
<HEAD>§ 1210.354   Reporting instructions.</HEAD>
<P>Refer to ONRR's <I>Minerals Revenue Reporter Handbook—Oil, Gas, and Geothermal Resources</I> for specific guidance on how to prepare and submit required information collection reports and forms to ONRR. You may find the handbook at <I>http://www.onrr.gov/FM/Handbooks/default.htm</I> or from contacts listed on that Web page.
</P>
<CITA TYPE="N">[77 FR 25880, May 2, 2012]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:3.0.2.19.9.9" TYPE="SUBPART">
<HEAD>Subpart I—OCS Sulfur [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="1212" NODE="30:3.0.2.19.10" TYPE="PART">
<HEAD>PART 1212—RECORDS AND FILES MAINTENANCE
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.;</I> 25 U.S.C. 396 <I>et seq.,</I> 396a <I>et seq.,</I> 2101 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.,</I> 351 <I>et seq.,</I> 1001 <I>et seq.,</I> 1701 <I>et seq.;</I> 31 U.S.C. 9701; 43 U.S.C. 1301 <I>et seq.,</I> 1331 <I>et seq.,</I> and 1801 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 35641, Aug. 5, 1983, unless otherwise noted. Redesignated at 75 FR 61084, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.10.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions [Reserved]</HEAD>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.10.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil, Gas, and OCS Sulphur—General</HEAD>


<DIV8 N="§ 1212.50" NODE="30:3.0.2.19.10.2.5.1" TYPE="SECTION">
<HEAD>§ 1212.50   Required recordkeeping and reports.</HEAD>
<P>All records pertaining to offshore and onshore Federal and Indian oil and gas leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the recordholder is notified, in writing, that records must be maintained for a longer period. When an audit or investigation is underway, records shall be maintained until the recordholder is released by written notice of the obligation to maintain records.
</P>
<CITA TYPE="N">[49 FR 37345, Sept. 21, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1212.51" NODE="30:3.0.2.19.10.2.5.2" TYPE="SECTION">
<HEAD>§ 1212.51   Records and files maintenance.</HEAD>
<P>(a) <I>Records.</I> Each lessee, operator, revenue payor, or other person shall make and retain accurate and complete records necessary to demonstrate that payments of rentals, royalties, net profit shares, and other payments related to offshore and onshore Federal and Indian oil and gas leases are in compliance with lease terms, regulations, and orders. Records covered by this section include those specified by lease terms, notices and orders, and by the various parts of this chapter. Records also include computer programs, automated files, and supporting systems documentation used to produce automated reports or magnetic tape submitted to the Office of Natural Resources Revenue (ONRR). 
</P>
<P>(b) <I>Period for keeping records.</I> Lessees, operators, revenue payors, or other persons required to keep records under this section shall maintain and preserve them for 6 years from the day on which the relevant transaction recorded occurred unless the Secretary notifies the record holder of an audit or investigation involving the records and that they must be maintained for a longer period. When an audit or investigation is underway, records shall be maintained until the recordholder is released in writing from the obligation to maintain the records. Lessees, operators, revenue payors, or other persons shall maintain the records generated during the period for which they have paying or operating responsibility on the lease for a period of 6 years. 
</P>
<P>(c) <I>Inspection of records.</I> The lessee, operator, revenue payor, or other person required to keep records shall be responsible for making the records available for inspection. Records shall be provided at a business location of the lessee, operator, revenue payor, or other person during normal business hours upon the request of any officer, employee or other party authorized by the Secretary. Lessees, operators, revenue payors, and other persons will be given a reasonable period of time to produce historical records. 
</P>
<CITA TYPE="N">[49 FR 37345, Sept. 21, 1984; 49 FR 40576, Oct. 17, 1984, as amended at 67 FR 19111, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1212.52" NODE="30:3.0.2.19.10.2.5.3" TYPE="SECTION">
<HEAD>§ 1212.52   Definitions.</HEAD>
<P>Terms used in this subpart shall have the same meaning as in 30 U.S.C. 1702.
</P>
<CITA TYPE="N">[49 FR 37345, Sept. 21, 1984]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.10.3" TYPE="SUBPART">
<HEAD>Subpart C—Federal and Indian Oil [Reserved]</HEAD>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.10.4" TYPE="SUBPART">
<HEAD>Subpart D—Federal and Indian Gas [Reserved]</HEAD>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.10.5" TYPE="SUBPART">
<HEAD>Subpart E—Solid Minerals—General</HEAD>


<DIV8 N="§ 1212.200" NODE="30:3.0.2.19.10.5.5.1" TYPE="SECTION">
<HEAD>§ 1212.200   Maintenance of and access to records.</HEAD>
<P>(a) All records pertaining to Federal and Indian solid minerals leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the record holder is notified, in writing, that records must be maintained for a longer period. When an audit or investigation is underway, records shall be maintained until the record holder is released by written notice of the obligation to maintain records.
</P>
<P>(b) The ONRR shall have access to all records of the operator/lessee pertaining to compliance to Federal royalties, including, but not limited to:
</P>
<P>(1) Qualities and quantities of all products mined, processed, sold, delivered, or used by the operator/lessee.
</P>
<P>(2) Prices received for mined or processed products, prices paid for like or similar products, and internal transfer prices.
</P>
<P>(3) Costs of mining, processing, handling, and transportation.
</P>
<CITA TYPE="N">[47 FR 33193, July 30, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, and amended at 51 FR 15767, Apr. 28, 1986; 54 FR 1532, Jan. 13, 1989]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:3.0.2.19.10.6" TYPE="SUBPART">
<HEAD>Subpart F—Coal [Reserved]</HEAD>

</DIV6>


<DIV6 N="G" NODE="30:3.0.2.19.10.7" TYPE="SUBPART">
<HEAD>Subpart G—Other Solid Minerals [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:3.0.2.19.10.8" TYPE="SUBPART">
<HEAD>Subpart H—Geothermal Resources</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>56 FR 57286, Nov. 8, 1991, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1212.350" NODE="30:3.0.2.19.10.8.5.1" TYPE="SECTION">
<HEAD>§ 1212.350   Definitions.</HEAD>
<P>Terms used in this subpart shall have the same meaning as in § 1206.351.


</P>
</DIV8>


<DIV8 N="§ 1212.351" NODE="30:3.0.2.19.10.8.5.2" TYPE="SECTION">
<HEAD>§ 1212.351   Required recordkeeping and reports.</HEAD>
<P>(a) <I>Records.</I> Each lessee, operator, revenue payor, or other person shall make and retain accurate and complete records necessary to demonstrate that payments of royalties, rentals, and other amounts due under Federal geothermal leases are in compliance with laws, lease terms, regulations, and orders. Records covered by this section include those specified by lease terms, notices, and orders, and those identified in paragraph (c) of this section. Records also include computer programs, automated files, and supporting systems documentation used to produce automated reports or magnetic tapes submitted to ONRR.
</P>
<P>(b) <I>Period for keeping records.</I> All records pertaining to Federal geothermal leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the recordholder is notified, in writing, before the expiration of that 6-year period that records must be maintained for a longer period for purposes of audit or investigation. When an audit or investigation is underway, records shall be maintained until the recordholder is released by written notice of the obligation to maintain records.
</P>
<P>(c) <I>Access to records.</I> The Director for Office of Natural Resources Revenue shall have access to all records in the possession of the lessee, operator, revenue payor, or other person pertaining to compliance with royalty obligations under Federal geothermal leases (regardless of whether such records were generated more than 6 years before a request or order to produce them and they otherwise were not disposed of), including, but not limited to:
</P>
<P>(1) Qualities and quantities of all products extracted, processed, sold, delivered, or used by the operator/lessee; 
</P>
<P>(2) Prices received for products, prices paid for like or similar products, and internal transfer prices; and
</P>
<P>(3) Costs of extraction, power generation, electrical transmission, and byproduct transportation.
</P>
<P>(d) <I>Inspection of Records.</I> The lessee, operator, revenue payor, or other person required to keep records shall be responsible for making the records available for inspection. Records shall be made available at a business location of the lessee, operator, revenue payor, or other person during normal business hours upon the request of any officer, employee, or other party authorized by the Secretary. Lessees, operators, revenue payors, and other persons will be given a reasonable period of time to produce records.
</P>
<CITA TYPE="N">[56 FR 57286, Nov. 8, 1991, as amended at 67 FR 19111, Apr. 18, 2002]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:3.0.2.19.10.9" TYPE="SUBPART">
<HEAD>Subpart I—OCS Sulfur [Reserved]</HEAD>

</DIV6>

</DIV5>


<DIV5 N="1217" NODE="30:3.0.2.19.11" TYPE="PART">
<HEAD>PART 1217—AUDITS AND INSPECTIONS


</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>35 Stat. 312; 35 Stat. 781, as amended; secs. 32, 6, 26, 41 Stat. 450, 753, 1248; secs. 1, 2, 3, 44 Stat. 301, as amended; secs. 6, 3, 44 Stat. 659, 710; secs. 1, 2, 3, 44 Stat. 1057; 47 Stat. 1487; 49 Stat. 1482, 1250, 1967, 2026; 52 Stat. 347; sec. 10, 53 Stat. 1196, as amended; 56 Stat. 273; sec. 10, 61 Stat. 915; sec. 3, 63 Stat. 683; 64 Stat. 311; 25 U.S.C. 396, 396a-f, 30 U.S.C. 189, 271, 281, 293, 359. Interpret or apply secs. 5, 5, 44 Stat. 302, 1058, as amended; 58 Stat. 483-485; 5 U.S.C. 301, 16 U.S.C. 508b, 30 U.S.C. 189, 192c, 271, 281, 293, 359, 43 U.S.C. 387, unless otherwise noted.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 35641, Aug. 5, 1983, unless otherwise noted. Redesignated at 75 FR 61084, Oct. 4, 2010.




</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.11.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>88 FR 53793, Aug. 9, 2023; 88 FR 55571, Aug. 16, 2023, unless otherwise noted.




</PSPACE></SOURCE>

<DIV8 N="§ 1217.10" NODE="30:3.0.2.19.11.1.5.1" TYPE="SECTION">
<HEAD>§ 1217.10   Providing records during an audit.</HEAD>
<P>(a) ONRR or an authorized State or Tribe may specify the method an auditee must use to provide records for all audits conducted under this chapter, statute, or agreement. The methods may include one or more of the following:
</P>
<P>(1) Inspect records at an auditee's place of business during normal business hours;
</P>
<P>(2) Send records using secure electronic means. When requesting that records be provided electronically, ONRR or the authorized State or Tribe will specify the format in which the records shall be produced, directions for electronic transmission, and instructions to ensure secure transmission; or
</P>
<P>(3) Deliver hard copy records using the U.S. Postal Service, special courier, overnight mail, or other delivery service to an address specified by ONRR or an authorized State or Tribe.
</P>
<P>(b) [Reserved]




</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.11.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil and Gas, General</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>The Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 <I>et seq.</I>).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>49 FR 37345, Sept. 21, 1984, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1217.50" NODE="30:3.0.2.19.11.2.5.1" TYPE="SECTION">
<HEAD>§ 1217.50   Audits of records.</HEAD>
<P>The Secretary, or his/her authorized representative, shall initiate and conduct audits relating to the scope, nature and extent of compliance by lessees, operators, revenue payors, and other persons with rental, royalty, net profit share and other payment requirements on a Federal or Indian oil and gas lease. Audits also will relate to compliance with applicable regulations and orders. All audits will be conducted in accordance with the notice and other requirements of 30 U.S.C. 1717.


</P>
</DIV8>


<DIV8 N="§ 1217.51" NODE="30:3.0.2.19.11.2.5.2" TYPE="SECTION">
<HEAD>§ 1217.51   Lease account reconciliation.</HEAD>
<P>Specific lease account reconciliations shall be performed with priority being given to reconciling those lease accounts specifically identified by a State or Indian tribe as having significant potential for underpayment. 


</P>
</DIV8>


<DIV8 N="§ 1217.52" NODE="30:3.0.2.19.11.2.5.3" TYPE="SECTION">
<HEAD>§ 1217.52   Definitions.</HEAD>
<P>Terms used in this subpart shall have the same meaning as in 30 U.S.C. 1702.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.11.3" TYPE="SUBPART">
<HEAD>Subpart C—Oil and Gas, Onshore [Reserved]</HEAD>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.11.4" TYPE="SUBPART">
<HEAD>Subpart D—Oil, Gas and Sulfur, Offshore [Reserved]</HEAD>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.11.5" TYPE="SUBPART">
<HEAD>Subpart E—Coal</HEAD>


<DIV8 N="§ 1217.200" NODE="30:3.0.2.19.11.5.5.1" TYPE="SECTION">
<HEAD>§ 1217.200   Audits.</HEAD>
<P>An audit of the accounts and books of operators/lessees for the purpose of determining compliance with Federal lease terms relating to Federal royalties may be required annually or at other times as directed by the Director for Office of Natural Resources Revenue. The audit shall be performed by a qualified independent certified public accountant or by an independent public accountant licensed by a State, territory, or insular possession of the United States or the District of Columbia, and at the expense of the operator/lessee. The operator/lessee shall furnish, free of charge, duplicate copies of audit reports that express opinions on such compliance to the Director for Office of Natural Resources Revenue within 30 days after the completion of each audit. Where such audits are required, the Director for Office of Natural Resources Revenue will specify the purpose and scope of the audit and the information which is to be verified or obtained.
</P>
<CITA TYPE="N">[47 FR 33195, July 30, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, as amended at 67 FR 19112, Apr. 18, 2002]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:3.0.2.19.11.6" TYPE="SUBPART">
<HEAD>Subpart F—Other Solid Minerals</HEAD>


<DIV8 N="§ 1217.250" NODE="30:3.0.2.19.11.6.5.1" TYPE="SECTION">
<HEAD>§ 1217.250   Audits.</HEAD>
<P>An audit of the lessee's accounts and books may be made annually or at such other times as may be directed by the mining supervisor, by certified public accountants, and at the expense of the lessee. The lessee shall furnish free of cost duplicate copies of such annual or other audits to the mining supervisor, within 30 days after the completion of each auditing.
</P>
<CITA TYPE="N">[37 FR 11041, June 1, 1972. Redesignated at 48 FR 35641, Aug. 5, 1983]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:3.0.2.19.11.7" TYPE="SUBPART">
<HEAD>Subpart G—Geothermal Resources</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>72 FR 24468, May 2, 2007, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1217.300" NODE="30:3.0.2.19.11.7.5.1" TYPE="SECTION">
<HEAD>§ 1217.300   Audit or review of records.</HEAD>
<P>The Secretary, or his/her authorized representative, will initiate and conduct audits or reviews relating to the scope, nature, and extent of compliance by lessees, operators, revenue payors, and other persons with rental, royalty, fees, and other payment requirements on a Federal geothermal lease. Audits or reviews will also relate to compliance with applicable regulations and orders. All audits or reviews will be conducted in accordance with this part. 


</P>
</DIV8>


<DIV8 N="§ 1217.301" NODE="30:3.0.2.19.11.7.5.2" TYPE="SECTION">
<HEAD>§ 1217.301   Lease account reconciliations.</HEAD>
<P>Specific lease account reconciliations will be performed with priority being given to reconciling those lease accounts specifically identified by a State as having significant potential for underpayment. 


</P>
</DIV8>


<DIV8 N="§ 1217.302" NODE="30:3.0.2.19.11.7.5.3" TYPE="SECTION">
<HEAD>§ 1217.302   Definitions.</HEAD>
<P>Terms used in this subpart will have the same meaning as in 30 U.S.C. 1702.


</P>
</DIV8>

</DIV6>


<DIV6 N="H" NODE="30:3.0.2.19.11.8" TYPE="SUBPART">
<HEAD>Subpart H—Indian Lands [Reserved]</HEAD>

</DIV6>

<P> 
</P>
</DIV5>


<DIV5 N="1218" NODE="30:3.0.2.19.12" TYPE="PART">
<HEAD>PART 1218—COLLECTION OF ROYALTIES, RENTALS, BONUSES, AND OTHER MONIES DUE THE FEDERAL GOVERNMENT
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.;</I> 25 U.S.C. 396 <I>et seq.,</I> 396a <I>et seq.,</I> 2101 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.,</I> 351 <I>et seq.,</I> 1001 <I>et seq.,</I> 1701 <I>et seq.;</I> 31 U.S.C. 3335, 3711, 3716-18, 3720A, 9701; 43 U.S.C. 1301 <I>et seq.,</I> 1331 <I>et seq.,</I> and 1801 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>48 FR 35641, Aug. 5, 1983, unless otherwise noted. Redesignated at 75 FR 61084, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.12.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 1218.10" NODE="30:3.0.2.19.12.1.5.1" TYPE="SECTION">
<HEAD>§ 1218.10   Information collection.</HEAD>
<P>The information collection requirements contained in this part have been approved by OMB under 44 U.S.C. 3501 <I>et seq.</I> The forms, filing date, and approved OMB clearance numbers are identified in § 1210.10 of this chapter.
</P>
<CITA TYPE="N">[57 FR 41867, Sept. 14, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 1218.40" NODE="30:3.0.2.19.12.1.5.2" TYPE="SECTION">
<HEAD>§ 1218.40   Assessments for incorrect or late reports and failure to report.</HEAD>
<P>(a) An assessment of an amount not to exceed $10 per day may be charged for each report not received by Office of Natural Resources Revenue (ONRR) by the designated due date for geothermal, solid minerals, and Indian oil and gas leases.
</P>
<P>(b) An assessment of an amount not to exceed $10 per day may be charged for each incorrectly completed report for geothermal, solid minerals, and Indian oil and gas leases.
</P>
<P>(c) For purpose of assessments discussed in this section, a report is defined as follows:
</P>
<P>(1) For coal and other solid minerals leases, a report is each line on Form ONRR-4430, Solid Minerals Production and Royalty Report; or on Form ONRR-2014, Report of Sales and Royalty Remittance, as appropriate.
</P>
<P>(2) For Indian oil and gas and all geothermal leases, a report is each line on Form ONRR-2014.
</P>
<P>(d) An assessment under this section shall not be shared with a State, Indian tribe, or Indian allottee.
</P>
<P>(e) The amount of the assessment to be imposed pursuant to paragraphs (a) and (b) of this section shall be established periodically by ONRR. The assessment amount for each violation will be based on ONRR's experience with costs and improper reporting. The ONRR will publish a Notice of the assessment amount to be applied in the <E T="04">Federal Register.</E> 
</P>
<CITA TYPE="N">[49 FR 37346, Sept. 21, 1984. Redesignated and amended at 51 FR 15767, Apr. 28, 1986; 52 FR 27546, July 22, 1987; 52 FR 37452, Oct. 7, 1987; 57 FR 52720, Nov. 5, 1992; 59 FR 38906, Aug. 1, 1994; 66 FR 45773, Aug. 30, 2001; 73 FR 15897, Mar. 26, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 1218.41" NODE="30:3.0.2.19.12.1.5.3" TYPE="SECTION">
<HEAD>§ 1218.41   Assessments for failure to submit payment of same amount as Form ONRR-2014 or bill document or to provide adequate information.</HEAD>
<P>(a) The ONRR may assess an amount not to exceed $250 when the amount of a payment submitted by a reporter/payor for geothermal, solid minerals, and Indian oil and gas leases is not equivalent in amount to the total of individual line items on the associated Form ONRR-2014, Form ONRR-4430, or a bill document, unless ONRR has authorized the difference in amount.
</P>
<P>(b) The ONRR may assess an amount not to exceed $250 for each payment for geothermal, solid minerals, and Indian oil and gas leases submitted by a reporter/payor that cannot be automatically applied to the associated Form ONRR-2014, Form ONRR-4430, or a bill document because of inadequate or erroneous information submitted by the reporter/payor.
</P>
<P>(c) For purposes of this section, inadequate or erroneous information is defined as:
</P>
<P>(1) Absent or incorrect payor-assigned document number, required to be identified by the reporter/payor in Block 4 on Form ONRR-2014 (document 4 number), or the reuse of the same incorrect payor-assigned document 4 number in a subsequent reporting period.
</P>
<P>(2) Absent or incorrect bill document invoice number (to include the three-character alpha prefix and the nine-digit number) or the payor-assigned document 4 number required to be identified by the reporter/payor on the associated payment document, or the reuse of the same incorrect payor-assigned document 4 number in a subsequent reporting period.
</P>
<P>(3) Absent or incorrect name of the administering Bureau of Indian Affairs Agency/Area office; or the word “allotted” or the tribe name on payment documents remitted to ONRR for an Indian tribe or allottee. If the payment is made by EFT, the reporter/payor must identify the tribe/allottee on the EFT message by a pre-established five-digit code.
</P>
<P>(4) Absent or incorrect ONRR-assigned payor code on a payment document.
</P>
<P>(5) Absent or incorrect identification on a payment document.
</P>
<P>(d) For purposes of this section, the term “Form ONRR-2014” includes submission of reports of royalty information, such as Form ONRR-4430.
</P>
<P>(e) For purposes of this section, a bill document is defined as any invoice that ONRR has issued for assessments, late-payment interest charges, or other amount owed. A payment document is defined as a check or wire transfer message.
</P>
<P>(f) The amount of the assessment to be imposed pursuant to paragraphs (a) and (b) of this section shall be established periodically by ONRR. The assessment amount will be based on ONRR's experience with costs and improper reporting and/or payment as specified in this section. The ONRR will publish a Notice in the <E T="04">Federal Register</E> of the assessment amount to be applied with the effective date.
</P>
<CITA TYPE="N">[58 FR 45438, Aug. 30, 1993, as amended at 73 FR 15897, Mar. 26, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 1218.42" NODE="30:3.0.2.19.12.1.5.4" TYPE="SECTION">
<HEAD>§ 1218.42   Cross-lease netting in calculation of late-payment interest.</HEAD>
<P>(a) Interest due from a payor on any underpayment for any Federal mineral lease or leases (onshore or offshore) and on any Indian tribal mineral lease or leases for any production month shall not be reduced by offsetting against that underpayment any overpayment made by the payor on any other lease or leases, except as provided in paragraph (b) of this section. Interest due from a payor or any underpayment on any Indian allotted lease shall not be reduced by offsetting against any overpayment on any other Indian allotted lease under any circumstances.
</P>
<P>(b) Royalties attributed to production from a lease or leases which should have been attributed to production from a different lease or leases may be offset to determine whether and to what extent an underpayment exists on which interest is due if the following conditions are met: 
</P>
<P>(1) The error results from attributing and reporting an equal volume of production, produced from a lease or leases during a particular production month, to a different lease or leases from which it was not produced for the same or another production month; 
</P>
<P>(2) The payor is the same for the lease or leases to which production was attributed and the lease or leases to which it should have been attributed; 
</P>
<P>(3) The payor submits production reports, pipeline allocation reports, or other similar documentary evidence pertaining to the specific production involved which verifies the correct production information;
</P>
<P>(4) The lessor is the same for the leases involved (in the case of Indian tribal leases, the same tribe is the lessor); and 
</P>
<P>(5) The ultimate recipients of any royalty or other lease revenues under any applicable permanent indefinite appropriations are the same for, and receive the same percentage of revenue from, the leases. 
</P>
<P>(c) If ONRR assesses late-payment interest and the payor asserts that some or all of the interest assessed is not owed pursuant to the exception set forth in paragraph (b) of this section, the burden is on the payor to demonstrate that the exception applies in the specific circumstances of the case. 
</P>
<P>(d) The exception set forth in paragraph (b) of this section shall not operate to relieve any payor of liability imposed by statute or regulation for erroneous reporting.
</P>
<CITA TYPE="N">[57 FR 62206, Dec. 30, 1992]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.12.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil and Gas, General</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>49 FR 37346, Sept. 21, 1984, unless otherwise noted. 


</PSPACE></SOURCE>

<DIV8 N="§ 1218.50" NODE="30:3.0.2.19.12.2.5.1" TYPE="SECTION">
<HEAD>§ 1218.50   Timing of payment.</HEAD>
<P>(a) Royalty payments are due at the end of the month following the month during which the oil and gas is produced and sold except when the last day of the month falls on a weekend or holiday. In such cases, payments are due on the first business day of the succeeding month. Rental payments are due as specified by the lease terms. 
</P>
<P>(b) Invoices will be issued and payable as final collection actions. Payments made on an invoice are due as specified by the invoice.
</P>
<P>(c) All payments to ONRR are due as specified and are not deferred or suspended by reason of an appeal having been filed unless such deferral or suspension is approved in writing by an authorized ONRR official.
</P>
<P>(d)(1) Notwithstanding the provisions of paragraph (a) of this section and corresponding lease terms and § 1210.52 of this chapter, the due date for submittal of royalty payments and Reports of Sales and Royalty Remittance (Form ONRR-2014) for the production months of July, August, September, and October 2005 for Federal offshore and onshore oil and gas leases by oil and gas lessees or royalty payors who make the certification required under paragraph (d)(2) of this section is extended until January 3, 2006.
</P>
<P>(2) The extended due dates in paragraph (d)(1) of this section will apply to royalty payments and Reports of Sales and Royalty Remittance (Form ONRR-2014) by any lessee or royalty payor who certifies that a hurricane that struck the Gulf of Mexico coast of the United States in August or September 2005 disrupted the lessee's or payor's operations to the extent that it prevented the lessee or royalty payor from making an accurate royalty payment or submitting an accurate Form ONRR-2014.
</P>
<P>(3) A lessee's or royalty payor's certification under paragraph (d)(2) of this section that it is unable to generate and submit either an accurate royalty report or an accurate royalty payment will extend the due date for both royalty reporting and royalty payment.
</P>
<P>(4) Paragraphs (d)(1) through (d)(3) of this section do not apply to Indian leases or to Federal leases for minerals other than oil and gas.
</P>
<P>(5) You should submit your certifications under paragraph (d)(2) of this section to Financial Management, Office of Natural Resources Revenue, P.O. Box 25627, Denver, CO 80225-0627.
</P>
<P>(e)(1) A lessee or royalty payor who submits a certification required under paragraph (d)(2) of this section may rely on the extended due dates prescribed in paragraph (d)(1) of this section unless and until ONRR notifies the lessee or royalty payor or operator that ONRR does not accept the certification.
</P>
<P>(2) If ONRR notifies the lessee or royalty payor that ONRR does not accept the lessee's or royalty payor's certification under paragraph (d)(2) of this section, the due date for royalty payments and Reports of Sales and Royalty Remittance will be the date specified in the notice.
</P>
<CITA TYPE="N">[49 FR 37346, Sept. 21, 1984, as amended at 70 FR 56853, Sept. 29, 2005; 73 FR 15898, Mar. 26, 2008; 77 FR 25880, May 2, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 1218.51" NODE="30:3.0.2.19.12.2.5.2" TYPE="SECTION">
<HEAD>§ 1218.51   How to make payments.</HEAD>
<P>(a) <I>Definitions.</I> 
</P>
<P><I>ACH</I>—Automated Clearing House. A type of EFT using the ACH bank-to-bank network. 
</P>
<P><I>Courtesy Notice</I>—An ONRR-issued notice of rental or bonus due. 
</P>
<P><I>Deferred Bonus Payment</I>—Lease bonus paid in equal annual installments over a specified number of years. 
</P>
<P><I>EFT</I>—Electronic Funds Transfer. Any paperless transfer of funds initiated through an electronic terminal. For ONRR purposes, EFT includes Fedwire and ACH transfers, such as <I>Pay.gov.</I>
</P>
<P><I>Fedwire</I>—A type of EFT using the Federal Reserve Wire network.
</P>
<P><I>Invoice document identification</I>—The ONRR-assigned invoice document identification (three-alpha and nine-numeric characters).
</P>
<P><I>Pay.gov</I>—A type of EFT using the ACH network that is initiated by a payor on the <I>Pay.gov</I> Web site.
</P>
<P><I>Payment</I>—Any monies for royalty, bonus, rental, late payment charge, assessment, penalty, or other money sent to ONRR. 
</P>
<P><I>Person</I>—Any individual, firm, corporation, association, partnership, consortium, or joint venture (when established as a separate entity). The term does not include Federal agencies. 
</P>
<P><I>Report</I>—Form ONRR-2014, <I>Report of Sales and Royalty Remittance.</I> 
</P>
<P>(b) <I>General instructions.</I> You must make all payments to ONRR electronically to the extent it is cost effective and practical. If you pay money to ONRR or to an Indian tribe or allottee, you must follow these procedures: 
</P>
<P>(1) If ONRR instructs you to use EFT, you must use EFT for all payments to ONRR and/or a tribe. 
</P>
<P>(2) Contact ONRR before using EFT. ONRR will provide you with EFT payment instructions. 
</P>
<P>(3) Separate any payments on a Federal lease from any payments on an Indian lease. 
</P>
<P>(4) If you are not required to use EFT, use one of the following types of payment documents. ONRR prefers that you use these payment documents in the order presented: 
</P>
<P>(i) Commercial check drawn on a solvent bank;
</P>
<P>(ii) Certified check;
</P>
<P>(iii) Cashier's check;
</P>
<P>(iv) Money order;
</P>
<P>(v) Bank draft drawn on a solvent bank; or 
</P>
<P>(vi) Federal Reserve check. 
</P>
<P>(5) You must include your payor code on all payments. 
</P>
<P>(6) You must pay in U.S. dollars. 
</P>
<P>(c) <I>How to complete a non-EFT payment.</I> (1) Make any payment on a Federal lease payable to: “Department of the Interior—Office of Natural Resources Revenue” or “DOI-ONRR.” 
</P>
<P>(2) For an Indian allottee payment, send a separate payment for each Bureau of Indian Affairs (BIA) agency or area office represented by the leases on your report or invoice document. You must include the name of the applicable BIA agency or area office on your payment. Make your payment document payable to: “Department of the Interior—Office of Natural Resources Revenue for BIA [Name] Agency (allotted)” or “DOI-ONRR for BIA [Name] Agency (allotted).” 
</P>
<P>(3) For an Indian tribal payment other than a lockbox payment, send a separate payment for each tribe represented by the leases on your report or invoice document. You must include the name of the Indian tribe on your payment. Make it payable to: “Department of the Interior—Office of Natural Resources Revenue for BIA [Name of Tribe]” or “DOI-ONRR for BIA [Name of Tribe].” 
</P>
<P>(4) For an Indian tribal lockbox payment, follow the instructions ONRR provides you on how to report and make the lockbox payment. These instructions are specific to each tribe's lockbox written agreement with the bank authorized to receive payments on the tribe's mineral leases. You will receive these instructions from ONRR when you are required to use a tribal lockbox for reports and payments. 
</P>
<P>(d) <I>Where to send a non-EFT payment when you use the U.S. Postal Service.</I> (1) For a payment to an Indian tribal lockbox, send your payment to the appropriate tribal lockbox address. 
</P>
<P>(2) For a Federal nonproducing lease rental or deferred bonus payment, send it to: Office of Natural Resources Revenue, P.O. Box 25627, Denver, CO 80225-0627. 
</P>
<P>(e) <I>Where to send a non-EFT payment when you use a courier or overnight delivery service.</I> You should send this type of payment to: Office of Natural Resources Revenue, Building 85, Denver Federal Center, 6th Avenue and Kipling Street, Room A322, Denver, CO 80225.
</P>
<P>(f) <I>How to prepare and what to include on your payment document.</I> (1) For Form ONRR-2014 payments, you must include both your payor code and your payor-assigned document number.
</P>
<P>(2) For invoice payments, including RIK invoice payments, you must include both your payor code and invoice document identification.
</P>
<P>(3) For bonus payments: 
</P>
<P>(i) For one-fifth bonus payments for offshore oil, gas, and sulphur leases, follow the instructions in the Notice of Lease Offering. 
</P>
<P>(ii) For payment of the four-fifths bonus for an offshore lease, use EFT and follow the instructions in § 1218.155(c). 
</P>
<P>(iii) For the successful bidder's bonus in the competitive sale of a coal, geothermal, or offshore mineral (other than oil, gas or sulfur) lease, follow the instructions and terms of the Notice of Competitive Lease Sale. 
</P>
<P>(iv) For installment payments of deferred bonuses, you must use EFT. 
</P>
<P>(4) If you are paying a lease rental you must: 
</P>
<P>(i) See § 1218.155(c) for instructions on how to pay first-year rentals of an offshore oil, gas, or sulfur lease; 
</P>
<P>(ii) See the Notice of Lease Offering for instructions on how to pay first-year rentals other than those covered in paragraph (f)(4)(i) of this section. 
</P>
<P>(iii) Include the ONRR Courtesy Notice, when provided, or write your payor code and government-assigned lease number on the payment document when paying a rental that is not reported on Form ONRR-2014 and not paid by EFT. 
</P>
<P>(g) <I>When is a payment to ONRR due?</I> (1) All payments are due to ONRR at the time law, regulation, or lease terms require unless ONRR approves a change according to part 1243 of this chapter. If you file an appeal, and the requirement to submit payment is suspended, the original payment due date for purposes such as calculating late payment interest is not changed. 
</P>
<P>(2) If you use the U.S. Postal Service, courier, or overnight mail to send your payment, it is due at the ONRR addresses in paragraphs (d) and (e) of this section before 4 p.m. Mountain Time on the due date, regardless of when you sent it. 
</P>
<P>(3) If you use EFT to send your payment, it is due in the ONRR account by the payment due date. You are responsible for your actions or your bank's actions that cause a late or incorrect payment. You will not be held responsible for mechanical or system failures of EFT payments. 
</P>
<P>(h) <I>What happens if payments are late or overdue?</I> (1) If ONRR receives your payment late, ONRR will impose a late-payment interest charge under § 1218.54. 
</P>
<P>(2) If you do not pay an amount you owe, ONRR may assess civil penalties under part 1241 of this chapter or other applicable regulations. 
</P>
<CITA TYPE="N">[62 FR 19498, Apr. 22, 1997, as amended at 66 FR 45773, Aug. 30, 2001; 67 FR 19112, Apr. 18, 2002; 73 FR 15898, Mar. 26, 2008; 77 FR 25880, May 2, 2012; 87 FR 21746, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1218.52" NODE="30:3.0.2.19.12.2.5.3" TYPE="SECTION">
<HEAD>§ 1218.52   How does a lessee designate a Designee?</HEAD>
<P>(a) If you are a lessee under 30 U.S.C. 1702(7), and you want to designate a person to make all or part of the payments due under a lease on your behalf under 30 U.S.C. 1712(a), you must notify ONRR or the applicable delegated state in writing of such designation by submitting Form ONRR-4425, Designation Form for Royalty Payment Responsibility. Your notification for each lease must include the following:
</P>
<P>(1) The lease number for the lease;
</P>
<P>(2) The type of products you make payments for e.g., oil, gas.
</P>
<P>(3) The type of payments you are responsible for e.g., royalty, minimum royalty, rental.
</P>
<P>(4) Whether you are:
</P>
<P>(i) A lessee of record (record title owner) in the lease; or
</P>
<P>(ii) An operating rights owner (working interest owner) in the lease, and the percentage of your operating rights ownership in the lease; 
</P>
<P>(5) The name, address, Taxpayer Identification Number (TIN), and phone number of your Designee; 
</P>
<P>(6) The name, address, and phone number of the individual to contact for the person you named in paragraph (a)(5) of this section; 
</P>
<P>(7) Your TIN; 
</P>
<P>(8) The date the designation is effective; 
</P>
<P>(9) The date the designation terminates, if applicable, and 
</P>
<P>(10) A copy of the written designation; 
</P>
<P>(b) The person you designate under paragraph (a) of this section is your Designee under 30 U.S.C. 1701(24) and 30 U.S.C. 1712(a).
</P>
<P>(c) If you want to terminate a designation you made under paragraph (a) of this section, you must submit a revised Form ONRR-4425 before the termination stating:
</P>
<P>(1) The date the designation is due to terminate; and
</P>
<P>(2) If you are not reporting and paying royalties and making other payments to ONRR, a new designation under paragraph (a) of this section.
</P>
<P>(d) ONRR may require you to provide notice when there is a change in the percentage of your record title or operating rights ownership. 
</P>
<CITA TYPE="N">[62 FR 42066, Aug. 5, 1997, as amended at 73 FR 15898, Mar. 26, 2008]


</CITA>
</DIV8>


<DIV8 N="§ 1218.53" NODE="30:3.0.2.19.12.2.5.4" TYPE="SECTION">
<HEAD>§ 1218.53   Recoupment of overpayments on Indian mineral leases.</HEAD>
<P>(a) Whenever an overpayment is made under an Indian oil and gas lease, a payor may recoup the overpayment through a recoupment on Form ONRR-2014 against the current month's royalties or other revenues owed on the same lease. However, for any month a payor may not recoup more than 50 percent of the royalties or other revenues owed in that month under an individual allotted lease or more than 100 percent of the royalties or other revenues owed in that month under a tribal lease.
</P>
<P>(b) With written permission authorized by tribal statute or resolution, a payor may recoup an overpayment against royalties or other revenues owed in that month under other leases for which that tribe is the lessor. A copy of the tribe's written permission must be furnished to ONRR pursuant to instructions for reporting recoupments in the ONRR revenue reporter handbook. See part 1210 of this chapter. Recouping overpayments on one allotted lease from royalties paid to another allotted lease is specifically prohibited.
</P>
<P>(c) Overpayments subject to recoupment under this section include all payments made in excess of the required payment for royalty, rental, bonus, or other amounts owed as specified by statute, regulation, order, or terms of an Indian mineral lease.
</P>
<P>(d) The ONRR Director or his/her designee may order any payor to not recoup any amount for such reasonable period of time as may be necessary for ONRR to review the nature and amount of any claimed overpayment.
</P>
<CITA TYPE="N">[60 FR 3087, Jan. 13, 1995, as amended at 67 FR 19112, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1218.54" NODE="30:3.0.2.19.12.2.5.5" TYPE="SECTION">
<HEAD>§ 1218.54   Late payments.</HEAD>
<P>(a) An interest charge shall be assessed on unpaid and underpaid amounts from the date the amounts are due.
</P>
<P>(b) The interest charge on late payments shall be at the underpayment rate established by the Internal Revenue Code, 26 U.S.C. 6621(a)(2) (Supp. 1987).
</P>
<P>(c) Interest will be charged only on the amount of the payment not received. Interest will be charged only for the number of days the payment is late.
</P>
<P>(d) A portion of the interest collected will be paid to a State where the State shares in mineral revenues from Federal leases.
</P>
<P>(e) An overpayment on a lease or leases may be offset against an underpayment on a different lease or leases to determine a net underpayment on which interest is due pursuant to conditions specified in § 1218.42.
</P>
<CITA TYPE="N">[49 FR 37346, Sept. 21, 1984, as amended at 55 FR 37230, Sept. 10, 1990; 57 FR 62206, Dec. 30, 1992]


</CITA>
</DIV8>


<DIV8 N="§ 1218.55" NODE="30:3.0.2.19.12.2.5.6" TYPE="SECTION">
<HEAD>§ 1218.55   Interest payments to Indians.</HEAD>
<P>(a) All interest collected from unpaid or underpayments on Indian tribal or allotted leases will be paid to the tribe or allottee.
</P>
<P>(b) Any disbursement of Indian mineral revenues not made by the due date as required in § 1219.103 of this chapter shall accrue interest.
</P>
<P>(c) Interest shall be computed at the underpayment rate established by the Internal Revenue Code, 26 U.S.C. 6621(a)(2) (Supp. 1987).
</P>
<P>(d) The interest shall be payable only for the number of days the disbursement is late.
</P>
<CITA TYPE="N">[49 FR 37346, Sept. 21, 1984, as amended at 55 FR 37230, Sept. 10, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 1218.56" NODE="30:3.0.2.19.12.2.5.7" TYPE="SECTION">
<HEAD>§ 1218.56   Definitions.</HEAD>
<P>Terms used in this subpart shall have the same meaning as in 30 U.S.C. 1702.
</P>
<CITA TYPE="N">[49 FR 37346, Sept. 21, 1984. Redesignated at 51 FR 15767, Apr. 28, 1986] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.12.3" TYPE="SUBPART">
<HEAD>Subpart C—Oil and Gas, Onshore</HEAD>


<DIV8 N="§ 1218.100" NODE="30:3.0.2.19.12.3.5.1" TYPE="SECTION">
<HEAD>§ 1218.100   Royalty and rental payments.</HEAD>
<P>(a) <I>Payment of royalties and rentals.</I> As specified under the provisions of the lease, the lessee shall submit all rental payments when due and shall pay in value or deliver in production all royalties in the amounts of value or production determined by ONRR to be due.
</P>
<P>(b) If the lessor elects to take royalty in oil or gas, unless otherwise agreed upon, such royalty shall be delivered on the leasehold, by the lessee to the order of and without cost to the lessor, as instructed by the Director.
</P>
<P>(c) <I>Method of payment.</I> The payor shall tender all payments in accordance with § 1218.51.
</P>
<CITA TYPE="N">[47 FR 47773, Oct. 27, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, and amended at 52 FR 23815, June 25, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 1218.101" NODE="30:3.0.2.19.12.3.5.2" TYPE="SECTION">
<HEAD>§ 1218.101   Royalty and rental remittance (naval petroleum reserves).</HEAD>
<P>Remittance covering payments of royalty or rental on naval petroleum reserves must be accomplished by necessary identification information and sent direct to the Director, Naval Petroleum Reserves in California.
</P>
<CITA TYPE="N">[47 FR 47773, Oct. 27, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 1218.102" NODE="30:3.0.2.19.12.3.5.3" TYPE="SECTION">
<HEAD>§ 1218.102   Late payment or underpayment charges.</HEAD>
<P>(a) The failure to make timely or proper payments of any monies due pursuant to leases, permits, and contracts subject to these regulations will result in the collection by the ONRR of the full amount past due plus a late payment charge. Exceptions to this late payment charge may be granted when estimated payments on minerals production have already been made timely and otherwise in accordance with instructions provided by ONRR to the payor. However, late payment charges assessed with respect to any Indian lease, permit, or contract shall be collected and paid to the Indian or tribe to which the amount overdue is owed.
</P>
<P>(b) Late payment charges will be assessed on any late payment or underpayment from the date that the payment was due until the date that the payment was received at the ONRR addresses specified in § 1218.51. Payments received at the specified ONRR addresses after 4 p.m. mountain time are considered received the following business day.
</P>
<P>(c) Late payment charges apply to all underpayments and payments received after the date due. The charges include production and minimum royalties; assessments for liquidated damages; administrative fees and payments by purchasers of royalty taken-in-kind; or any other payments, fees, or assessments that a lessee/operator/permittee/payor/royalty taken-in-kind purchaser is required to pay by a specified date. The failure to pay past due amounts, including late-payment charges, will result in the initiation of other enforcement proceedings.
</P>
<P>(d) An overpayment on a lease or leases may be offset against an underpayment on a different lease or leases to determine a net underpayment on which interest is due pursuant to conditions specified in § 1218.42.
</P>
<CITA TYPE="N">[47 FR 47773, Oct. 27, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, and amended at 49 FR 37347, Sept. 21, 1984; 57 FR 41868, Sept. 14, 1992; 57 FR 62206, Dec. 30, 1992; 67 FR 19112, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1218.103" NODE="30:3.0.2.19.12.3.5.4" TYPE="SECTION">
<HEAD>§ 1218.103   Payments to States.</HEAD>
<P>(a) Any amount that is payable by ONRR to a State but is not paid on the due date, as specified in § 1219.100 of this chapter, or that is held in a suspense account pending resolution of a dispute as specified in § 1219.101 of this chapter, shall accrue interest payable to the State.
</P>
<P>(b) Interest shall be computed at the underpayment rate established by the Internal Revenue Code, 26 U.S.C. 6621(a)(2) (Supp. 1987).
</P>
<P>(c) Interest shall be computed only for the number of days the disbursement is late. In the case of suspended amounts subject to interest, it shall be computed beginning with the calendar day following the day that the monies normally would have been paid to the State had they not been in suspense.
</P>
<CITA TYPE="N">[49 FR 37347, Sept. 21, 1984, as amended at 55 FR 37230, Sept. 10, 1990]


</CITA>
</DIV8>


<DIV8 N="§ 1218.104" NODE="30:3.0.2.19.12.3.5.5" TYPE="SECTION">
<HEAD>§ 1218.104   Exemption of States from certain interest and penalties.</HEAD>
<P>(a) States are exempt from being assessed for any interest or penalties found to be due against the Department of the Interior for failure to comply with the Emergency Petroleum Allocation Act of 1973, as amended, or any regulation issued by the Secretary of Energy thereunder concerning the certification or processing of crude oil taken in-kind as royalty by the Secretary.
</P>
<P>(b) Any State shall be assessed for its share of any overcharge resulting from a determination that DOI failed to comply with the Emergency Petroleum Allocation Act of 1973, as amended. Each State's share shall be assessed against monies owed to the State. Such assessment shall be first against monies owed to such State as a result of royalty audits prior to January 12, 1983, the enactment date of the Federal Oil and Gas Royalty Management Act of 1982, then against other monies owed. The State shall be liable for any balance.
</P>
<P>(c) A State's liability for repayment of an overcharge under this section shall exist for any amounts resulting from a judgment in a civil suit or as the result of settlement of a claim through a negotiated agreement. State liability would be offset against future mineral revenue distributions to the State.
</P>
<CITA TYPE="N">[49 FR 37347, Sept. 21, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1218.105" NODE="30:3.0.2.19.12.3.5.6" TYPE="SECTION">
<HEAD>§ 1218.105   Definitions.</HEAD>
<P>Terms used in this subpart have the same meaning as in 30 U.S.C. 1702.
</P>
<CITA TYPE="N">[49 FR 37347, Sept. 21, 1984]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.12.4" TYPE="SUBPART">
<HEAD>Subpart D—Oil, Gas and Sulfur, Offshore</HEAD>


<DIV8 N="§ 1218.150" NODE="30:3.0.2.19.12.4.5.1" TYPE="SECTION">
<HEAD>§ 1218.150   Royalties, net profit shares, and rental payments.</HEAD>
<P>(a) As specified under the provisions of the lease, the lessee shall submit all rental payments when due and shall pay in value or deliver in production all royalties and net profit shares in the amounts of value or production determined by ONRR to be due.
</P>
<P>(b) The failure to make timely or proper payments of any monies due pursuant to leases, permits, and contracts subject to these regulations will result in the collection of the amount past due plus a late payment charge. Exceptions to this late payment charge may be granted when estimated payments on minerals production have already been made timely and otherwise in accordance with instructions provided by ONRR to the payor.
</P>
<P>(c) Late payment charges will be assessed on any late payment or underpayment from the date that the payment was due until the date that the payment was received at the ONRR addresses specified in § 1218.51. Payments received at the specified ONRR addresses after 4 p.m. mountain time are considered received the following business day.
</P>
<P>(d) Late payment charges apply to all underpayments and payments received after the date due. These charges include production and minimum royalties; assessments for liquidated damages; administrative fees and payments by purchasers of royalty taken-in-kind; or any other payments, fees, or assessments that a lessee/operator/payor/permittee/royalty taken-in-kind purchaser is required to pay by a specified date. The failure to pay past due amounts, including late payment charges, will result in the initiation of other enforcement proceedings.
</P>
<P>(e) An overpayment on a lease or leases, excluding rental payments, may be offset against an underpayment on a different lease or leases to determine a net underpayment on which interest is due pursuant to conditions specified in § 1218.42. 
</P>
<CITA TYPE="N">[47 FR 22528, May 25, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, and amended at 49 FR 37347, Sept. 21, 1984; 52 FR 23815, June 25, 1987; 57 FR 41868, Sept. 14, 1992; 57 FR 62206, Dec. 30, 1992; 67 FR 19112, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1218.151" NODE="30:3.0.2.19.12.4.5.2" TYPE="SECTION">
<HEAD>§ 1218.151   Rental fees.</HEAD>
<P>The annual rental paid in any year is in addition to, and is not credited against, any royalties due from production. The lessee must pay an annual rental as shown in paragraphs (a), (b), and (c) of this section. Discovery means one or more wells on the lease that meet the requirements in part 250, subpart A of this title. 
</P>
<P>(a) This paragraph applies to any lease not covered by paragraph (b) or paragraph (c) of this section.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">For— 
</TH><TH class="gpotbl_colhed" scope="col">Issued as a result of a sale held— 
</TH><TH class="gpotbl_colhed" scope="col">The lessee must pay rental— 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) An oil and gas lease</TD><TD align="left" class="gpotbl_cell">Before March 26, 2001</TD><TD align="left" class="gpotbl_cell">On or before the first day of each lease year before the discovery of oil or gas on the lease. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) An oil and gas lease</TD><TD align="left" class="gpotbl_cell">After March 26, 2001</TD><TD align="left" class="gpotbl_cell">On or before the first day of each lease year before the discovery of oil or gas on the lease, then on or before the last day of each lease year in any full year in which royalties on production are not due. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(3) A mineral lease for other than oil or gas</TD><TD align="left" class="gpotbl_cell">Before March 26, 2001</TD><TD align="left" class="gpotbl_cell">On or before the first day of each lease year before the discovery of paying quantities. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(4) A mineral lease for other than oil or gas</TD><TD align="left" class="gpotbl_cell">After March 26, 2001</TD><TD align="left" class="gpotbl_cell">On or before the first day of each lease year before the date the first royalty payment is due on the lease, then on or before the last day of each lease year in any full year in which royalties on production are not due.</TD></TR></TABLE></DIV></DIV>
<P>(b) This paragraph applies to any lease created by segregating a portion of a producing lease when there is no actual or allocated production on the segregated portion. The lessee must pay an annual rental for the segregated portion at the rate specified in the lease. The lessee must pay the rental as shown in the following table.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">If the lease results from a segregation— 
</TH><TH class="gpotbl_colhed" scope="col">The lessee must pay rental— 
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(1) Before March 26, 2001</TD><TD align="left" class="gpotbl_cell">On or before the first day of each lease year before the discovery of oil or gas on the segregated portion. 
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">(2) After March 26, 2001</TD><TD align="left" class="gpotbl_cell">On or before the first day of each lease year before the discovery of oil or gas on the lease, then on or before the last day of each lease year in any full year in which royalties on production are not due.</TD></TR></TABLE></DIV></DIV>
<P>(c) For leases issued subject to the net profit sharing provisions, annual rental payments shall be due and payable in advance, on the first day of each lease year which commences prior to the date the first profit share payment becomes due. The owner of any lease created by the segregation of a portion of a lease subject to net profit sharing provisions, shall pay an annual rental for such segregated portion at the rate per acre or hectare specified in the lease. This rental shall be payable each year following the year in which the segregation becomes effective and shall continue to be due and payable, in advance, on the first day of each year which commences prior to the date the first profit share payment becomes due. 
</P>
<CITA TYPE="N">[44 FR 38276, June 29, 1979, as amended at 45 FR 69175, Oct. 17, 1980; 47 FR 25972, June 16, 1982. Redesignated at 47 FR 47006, Oct. 22, 1982, and at 48 FR 35641, Aug. 5, 1983; 66 FR 11518, Feb. 23, 2001; 67 FR 19112, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1218.152" NODE="30:3.0.2.19.12.4.5.3" TYPE="SECTION">
<HEAD>§ 1218.152   Fishermen's Contingency Fund.</HEAD>
<P>Upon the establishment of the Fishermen's Contingency Fund, any holder of a lease issued or maintained under the Outer Continental Shelf Lands Act and any holder of an exploration permit or of an easement or right-of-way for the construction of a pipeline, shall pay an amount specified by the Director, ONRR, who shall assess and collect the specified amount from each holder and deposit it into the Fund. With respect to prelease exploratory drilling permits, the amount will be collected at the time of issuance of the permit. 
</P>
<CITA TYPE="N">[52 FR 5458, Feb. 23, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 1218.153" NODE="30:3.0.2.19.12.4.5.4" TYPE="SECTION">
<HEAD>§ 1218.153   [Reserved]</HEAD>
</DIV8>


<DIV8 N="§ 1218.154" NODE="30:3.0.2.19.12.4.5.5" TYPE="SECTION">
<HEAD>§ 1218.154   Effect of suspensions on royalty and rental.</HEAD>
<P>(a) ONRR will not relieve the lessee of the obligation to pay rental or minimum royalty for or during the suspension if the Bureau of Safety and Environmental Enforcement (BSEE) Regional Supervisor:
</P>
<P>(1) Grants a suspension of operations or production, or both, at the request of the lessee; or
</P>
<P>(2) Directs a suspension of operations or production, or both, under 30 CFR 250.173(a).
</P>
<P>(b) ONRR will not require a lessee to pay rental or minimum royalty for or during the suspension if the BSEE Regional Supervisor directs a suspension of operations or production, or both, except as provided in (a)(2) of this section.
</P>
<P>(c) If the lease anniversary date falls within a period of suspension for which no rental or minimum royalty payments are required under paragraph (b) of this section, the prorated rentals or minimum royalties are due and payable as of the date the suspension period terminates. These amounts shall be computed and notice thereof given the lessee. The lessee shall pay the amount due within 30 days after receipt of such notice. The anniversary date of a lease shall not change by reason of any period of lease suspension or rental or royalty relief resulting therefrom. 
</P>
<CITA TYPE="N">[44 FR 38276, June 29, 1979; 44 FR 55380, Sept. 26, 1979. Redesignated and amended at 47 FR 47006, 47007, Oct. 22, 1982. Further redesignated at 48 FR 35641, Aug. 5, 1983 and amended at 51 FR 19063, May 27, 1986; 54 FR 50616, Dec. 8, 1989; 64 FR 72775, Dec. 28, 1999; 73 FR 15898, Mar. 26, 2008; 76 FR 38561, July 1, 2011; 78 FR 30206, May 22, 2013] 


</CITA>
</DIV8>


<DIV8 N="§ 1218.155" NODE="30:3.0.2.19.12.4.5.6" TYPE="SECTION">
<HEAD>§ 1218.155   Method of payment.</HEAD>
<P>(a) <I>Payment of royalties and rentals.</I> With the exception of first-year rental, the payor shall tender all payments in accordance with § 1218.51. First-year rental shall be paid in accordance with paragraph (c) of this section.
</P>
<P>(b) <I>Payment of the one-fifth bonus bid amount.</I> (1) Each lease bid must include a payment for the one-fifth bonus bid deposit amount unless the bidder is otherwise directed by the Secretary. Further instructions on how to make payment with the bid will be included in the notice of each lease offering. EFT may be used as a method of payment for the one-fifth bonus bid amount. 
</P>
<P>(2) Beginning with lease offerings held after February 1, 1984, the one-fifth bonus amount received from a high bidder shall be deposited into an escrow account created pursuant to an agreement between the Departments of the Interior and Treasury, pending acceptance or rejection of the bid. The one-fifth bonus funds will be invested in public debt securities. Investment of this amount by the U.S. Government does not indicate acceptance of the bid. The one-fifth bonus amounts submitted with bids other than the highest valid bid will be returned to respective bidders after bids are opened, recorded, and ranked. Return of such amounts will not affect the status, validity, or ranking of bids. The one-fifth bonus bid amount received from any high bidder and held by the Government pending acceptance or rejection, will be returned with actual interest earned, if the bid is subsequently rejected. The interest accrued during the period held in the account pending acceptance or rejection of the bid will accrue to the Government when the bid is accepted. 
</P>
<P>(c) <I>Payment of the four-fifths bonus bid amount and the first year's rental.</I> Payment shall be made to ONRR by EFT unless otherwise directed by the Secretary. The payment by EFT via the FRCS must be received by the Federal Reserve Bank of New York no later than noon, eastern standard time, on the 11th business day after receipt of the lease forms by the successful bidder. A “business day” is considered to be a day on which the OCS regional office issuing the lease is open for business. The lease will not be executed by the appropriate ONRR official until payment is received. Failure to remit by EFT or as directed by the Secretary within the time specified above will result in forfeiture of the one-fifth bonus bid amount and the lease will not be executed by the appropriate ONRR official. Payors will not be held responsible for late payment due to actions beyond their control, such as mechanical or systems failure of FRCS or FDS. Payors will be held responsible for incorrect actions of their bank which result in late payments. A 2-day grace period will be allowed to make up a deficient payment, but a late payment charge will be assessed for this late payment and a penalty will also be assessed if appropriate. Late payment charges will be assessed in accordance with subpart B of this part. 
</P>
<P>(d) <I>General.</I> (1) Payors using the appropriate means of payment (EFT, check, etc.) may pay for multiple lease obligations with a single remittance but must ensure that the payment complies with subpart B of this part and the remittance advice adequately identifies the single payment. The format to be used for such identification will be provided by the ONRR Accounting Center.
</P>
<P>(2) Where to pay.
</P>
<P>(3) The ONRR mailing addresses for payments to ONRR are specified in § 1218.51.
</P>
<P>(4) Payments received at the ONRR addresses after 4 p.m. mountain time are considered received the following business day.
</P>
<P>(e) <I>Miscellaneous payments.</I> Payments shall be made to the manager of the appropriate Outer Continental Shelf field office by cash, check or bank draft payable to “Department of the Interior—ONRR” for miscellaneous payments such as:
</P>
<P>(1) Pipeline rights-of-way application filing fees and rentals, pipeline accessory site rentals and application fees, and other related costs.
</P>
<P>(2) Filing and approval fees for transfers of interest in leases.
</P>
<CITA TYPE="N">[49 FR 8605, Mar. 8, 1984, as amended at 52 FR 23815, June 25, 1987; 53 FR 43201, Oct. 26, 1988; 57 FR 41868, Sept. 14, 1992; 62 FR 19499, Apr. 22, 1997; 67 FR 19112, Apr. 18, 2002; 73 FR 15898, Mar. 26, 2008] 


</CITA>
</DIV8>


<DIV8 N="§ 1218.156" NODE="30:3.0.2.19.12.4.5.7" TYPE="SECTION">
<HEAD>§ 1218.156   Definitions.</HEAD>
<P>Terms used in this subpart have the same meaning as in 30 U.S.C. 1702.
</P>
<CITA TYPE="N">[52 FR 23815, June 25, 1987] 


</CITA>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.12.5" TYPE="SUBPART">
<HEAD>Subpart E—Solid Minerals—General</HEAD>


<DIV8 N="§ 1218.200" NODE="30:3.0.2.19.12.5.5.1" TYPE="SECTION">
<HEAD>§ 1218.200   Payment of royalties, rentals, and deferred bonuses.</HEAD>
<P>As specified under the provisions of the lease, the lessee shall submit all rental and deferred bonus payments when due and shall pay in value all royalties in the amount determined by ONRR to be due.
</P>
<CITA TYPE="N">[52 FR 23815, June 25, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 1218.201" NODE="30:3.0.2.19.12.5.5.2" TYPE="SECTION">
<HEAD>§ 1218.201   Method of payment.</HEAD>
<P>You must tender all payments in accordance with § 1218.51, except as follows: 
</P>
<P>(a) For purposes of this section, <I>report</I> means the Solid Minerals Production and Royalty Report, Form ONRR-4430, rather than the Form ONRR-2014. 
</P>
<P>(b) For Form ONRR-4430 payments, include both your customer identification and your customer document identification numbers on your payment document, rather than the information required under § 1218.51(f)(1). 
</P>
<P>(c) For a rental payment that is not reported on Form ONRR-4430, include the ONRR Courtesy Notice when provided or write your customer identification number and Government-assigned lease number on the payment document, rather than the information required under § 1218.51(f)(4)(iii).
</P>
<CITA TYPE="N">[66 FR 45773, Aug. 30, 2001]


</CITA>
</DIV8>


<DIV8 N="§ 1218.202" NODE="30:3.0.2.19.12.5.5.3" TYPE="SECTION">
<HEAD>§ 1218.202   Late payment or underpayment charges.</HEAD>
<P>(a) The failure to make timely or proper payment of any monies due pursuant to leases and contracts subject to these rules will result in the collection by ONRR of the full amount past due plus a late payment charge. Exceptions to this late payment charge may be granted when estimated payments on minerals production have already been made timely and otherwise in accordance with instructions provided by ONRR to the operator/lessee. However, late payment charges assessed with respect to any Indian lease, permit, or contract shall be collected and paid to the Indian or tribe to which the amount overdue is owed.
</P>
<P>(b) Late payment charges will be assessed on any late payment or underpayment from the date that the payment was due until the date that the payment was received at the ONRR addresses specified in § 1218.51. Payments received at the specified ONRR addresses after 4 p.m. mountain time are considered received the following business day.
</P>
<P>(c) Late payment charges are calculated on the basis of a percentage assessment rate. In the absence of a specific lease, permit, license or contract provision prescribing a different rate, this percentage assessment rate is prescribed by the Department of the Treasury as the “Treasury Current Value of Funds Rate.” 
</P>
<P>(d) This rate is available in the Treasury Fiscal Requirements Manual Bulletins that are published prior to the first day of each calendar quarter for application to overdue payments or underpayments in the new calendar quarter. The rate is also published in the Notices section of the <E T="04">Federal Register</E> and indexed under “Fiscal Service/Notices/Funds Rate; Treasury Current Value.”
</P>
<P>(e) Late payment charges apply to all underpayments and payments received after the date due. These charges include production, minimum, or advance royalties; assessments for liquidated damages; or any other payments, fees, or assessments that an operator/lessee is required to pay by a specified date. The failure to pay past due payments, including late payment charges, will result in the initiation of other enforcement proceedings.
</P>
<P>(f) An overpayment on a lease or leases may be offset against an underpayment on a different lease or leases to determine a net underpayment on which interest is due pursuant to conditions specified in § 1218.42.
</P>
<CITA TYPE="N">[47 FR 33195, July 30, 1982; 47 FR 53366, Nov. 26, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, and further redesignated at 52 FR 23815, June 25, 1987, as amended at 57 FR 41868, Sept. 14, 1992; 57 FR 62207, Dec. 30, 1992; 59 FR 14559, Mar. 29, 1994; 65 FR 55189, Sept. 13, 2000; 67 FR 19112, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1218.203" NODE="30:3.0.2.19.12.5.5.4" TYPE="SECTION">
<HEAD>§ 1218.203   Recoupment of overpayments on Indian mineral leases.</HEAD>
<P>(a) Whenever an overpayment is made under an Indian solid mineral lease, a payor may recoup the overpayment through a recoupment on Form ONRR-4430 against the current month's royalties or other revenues owed on the same lease. However, for any month a payor may not recoup more than 50 percent of the royalties or other revenues owed in that month under an individual allotted lease or more than 100 percent of the royalties or other revenues owed in that month under a tribal lease.
</P>
<P>(b) With written permission authorized by tribal statute or resolution, a payor may recoup an overpayment against royalties or other revenues owed in that month under other leases for which that tribe is the lessor. A copy of the tribe's written permission must be furnished to ONRR for reporting recoupments. Call 1-888-201-6416 for instructions. Recouping overpayments on one allotted lease from royalties paid to another allotted lease is specifically prohibited.
</P>
<P>(c) Overpayments subject to recoupment under this section include all payments made in excess of the required payment for royalty, rental, bonus, or other amounts owed as specified by statute, regulation, order, or terms of an Indian mineral lease.
</P>
<P>(d) The ONRR Director or his/her designee may order any payor to not recoup any amount for such reasonable period of time as may be necessary for ONRR to review the nature and amount of any claimed overpayment.
</P>
<CITA TYPE="N">[60 FR 3087, Jan. 13, 1995, as amended at 66 FR 45773, Aug. 30, 2001; 66 FR 50827, Oct. 5, 2001]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="F" NODE="30:3.0.2.19.12.6" TYPE="SUBPART">
<HEAD>Subpart F—Geothermal Resources</HEAD>


<DIV8 N="§ 1218.300" NODE="30:3.0.2.19.12.6.5.1" TYPE="SECTION">
<HEAD>§ 1218.300   Payment of royalties, rentals, and deferred bonuses.</HEAD>
<P>As specified under the provisions of the lease, the lessee shall submit all rental and deferred bonus payments when due and shall pay in value all royalties in the amount determined by ONRR to be due.
</P>
<CITA TYPE="N">[52 FR 23815, June 25, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 1218.301" NODE="30:3.0.2.19.12.6.5.2" TYPE="SECTION">
<HEAD>§ 1218.301   Method of payment.</HEAD>
<P>The payor shall tender all payments in accordance with § 1218.51.
</P>
<CITA TYPE="N">[52 FR 23815, June 25, 1987]


</CITA>
</DIV8>


<DIV8 N="§ 1218.302" NODE="30:3.0.2.19.12.6.5.3" TYPE="SECTION">
<HEAD>§ 1218.302   Late payment or underpayment charges.</HEAD>
<P>(a) The failure to make timely or proper payment of any monies due pursuant to leases and contracts subject to these regulations will result in the collection by the ONRR of the full amount past due plus a late payment charge. Exceptions to this late payment charge may be granted when estimated payments on minerals production have already been made timely and otherwise in accordance with the instructions provided by the ONRR to the payor.
</P>
<P>(b) Late payment charges will be assessed on any late payment or underpayment from the date that the payment was due until the date that the payment was received at the ONRR addresses specified in § 1218.51. Payments received at the specified ONRR addresses after 4 p.m. Mountain Time are considered received the following business day.
</P>
<P>(c) Late payment charges are calculated on the basis of a percentage assessment rate. In the absence of a specific lease, permit, license or contract provision prescribing a different rate, this percentage assessment rate is prescribed by the Department of the Treasury as the “Treasury Current Value of Funds Rate.” 
</P>
<P>(d) This rate is available in the Treasury Fiscal Requirements Manual Bulletins that are published prior to the first day of each calendar quarter for application to overdue payments or underpayments in the new calendar quarter. The rate is also published in the Notices section of the <E T="04">Federal Register</E> and indexed under “Fiscal Service/Notices/Funds Rate; Treasury Current Value.” 
</P>
<P>(e) Late payment charges apply to all underpayments and payments received after the date due. These charges include production, minimum, and compensatory royalties; assessments for liquidated damages; administrative fees and payments by purchasers of royalty taken-in-kind; or any other payments, fees, or assessments that a lessee/operator/payor/royalty taken-in-kind purchaser is required to pay by a specified date. The failure to pay past due payments, including late payment charges, will result in the initiation of other enforcement proceedings.
</P>
<P>(f) An overpayment on a lease or leases may be offset against an underpayment on a different lease or leases to determine a net underpayment on which interest is due pursuant to conditions specified in § 1218.42.
</P>
<CITA TYPE="N">[47 FR 22528, May 25, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, and further redesignated at 51 FR 15767, Apr. 28, 1986 and 52 FR 23815, June 25, 1987, as amended at 57 FR 41868, Sept. 14, 1992; 57 FR 62207, Dec. 30, 1992; 59 FR 14559, Mar. 29, 1994; 65 FR 55189, Sept. 13, 2000; 67 FR 19112, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1218.303" NODE="30:3.0.2.19.12.6.5.4" TYPE="SECTION">
<HEAD>§ 1218.303   May I credit rental towards royalty?</HEAD>
<P>(a)(1) For Class II leases as defined in § 1206.351 of this chapter, and for Class III leases as defined in that section that elect under 43 CFR 3200.7(a)(2) to be subject to all of the BLM regulations promulgated for leases issued after August 8, 2005 you may credit the annual rental that you paid before the first day of the year for which the annual rental is owed against the royalty due for the lease year for which the rental was paid. You may not apply any annual rental paid in excess of the royalty due for a particular lease year as a credit against any royalty due in any subsequent lease year.
</P>
<P>(2) For purposes of this section, the term “royalty” includes any advanced royalty payable under 30 U.S.C. 1004(f) for a cessation of production.
</P>
<P>(b) If portions of your lease are located both within and outside of a participating area, you may credit against royalty under paragraph (a) only that percentage of the rental you paid that corresponds to the percentage of the lease within the participating area on a per-acre basis. 
</P>
<CITA TYPE="N">[72 FR 24468, May 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 1218.304" NODE="30:3.0.2.19.12.6.5.5" TYPE="SECTION">
<HEAD>§ 1218.304   May I credit rental towards direct use fees?</HEAD>
<P>You may not credit annual rental toward direct use fees you are required to pay that year under § 1206.356 of this chapter. You must pay the direct use fees in addition to the annual rental due. 
</P>
<CITA TYPE="N">[72 FR 24468, May 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 1218.305" NODE="30:3.0.2.19.12.6.5.6" TYPE="SECTION">
<HEAD>§ 1218.305   How do I pay advanced royalties I owe under BLM regulations?</HEAD>
<P>If you pay advanced royalties under 43 CFR 3212.15(a)(1) to retain your lease:
</P>
<P>(a) You must pay an advanced royalty monthly equal to the average monthly royalty you paid under 30 CFR part 1206, subpart H (including the amount against which you applied the annual rental as a credit) for the last 3 years the lease was producing. If your lease has been producing for less than 3 years, then use the average monthly royalty payment for the entire period your lease has been producing continuously;
</P>
<P>(b) The ONRR must receive your advanced royalty payment before the end of each full calendar month in which no production occurs;
</P>
<P>(c) You may credit any advanced royalty you pay against production royalties you owe after your lease resumes production. You may not reduce the amount of any production royalty paid for any year below zero. 
</P>
<CITA TYPE="N">[72 FR 24468, May 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 1218.306" NODE="30:3.0.2.19.12.6.5.7" TYPE="SECTION">
<HEAD>§ 1218.306   May I receive a credit against production royalties for in-kind deliveries of electricity I provide under contract to a State or county government?</HEAD>
<P>(a) You may receive a credit against royalties for in-kind deliveries of electricity you provide under contract to a State or county government if:
</P>
<P>(1) The State or county to which you provide electricity would receive a portion of the royalties you paid in money for the lease under 30 U.S.C. 191 or 30 U.S.C. 1019, except as otherwise provided under the Mineral Leasing Act for Acquired Lands, 30 U.S.C. 355, because your lease is located in that State or county. If your lease is located in more than one State or county, the revenues are paid to the respective States or counties based on their proportionate shares of the total acres in the lease;
</P>
<P>(2) The ONRR approves in advance your contract with the State or county to which you are providing in-kind electricity; and
</P>
<P>(3) Your contract provides that you will use the wholesale value of the electricity for the area where your lease is located to establish the specific methodology to determine the amount of the credit; and
</P>
<P>(b) The maximum credit you may take under this section is equal to the portion of the royalty revenue that ONRR would have paid to the State or county that is a party to the contract had you paid royalty in money on all of the electricity you delivered to the State or county based on the wholesale value of the electricity. You must pay in money any royalty amount that is not offset by the credit allowed under this section, calculated based on the wholesale value of the electricity.
</P>
<P>(c) The electricity the State or county government receives from you satisfies the Secretary's payment obligation to the State or county under 30 U.S.C. 191 or 30 U.S.C. 1019. 
</P>
<CITA TYPE="N">[72 FR 24468, May 2, 2007]


</CITA>
</DIV8>


<DIV8 N="§ 1218.307" NODE="30:3.0.2.19.12.6.5.8" TYPE="SECTION">
<HEAD>§ 1218.307   How do I pay royalties due for my existing leases that qualify for near-term production incentives under BLM regulations?</HEAD>
<P>If you qualify for a production incentive under BLM regulations at 43 CFR subpart 3212, your royalty due on the production BLM determines to be qualified for a production incentive under 43 CFR 3212.23 and 3212.24 is 50 percent of the amount of the total royalty that would otherwise be due under 30 CFR part 1206, subpart H.
</P>
<CITA TYPE="N">[72 FR 24468, May 2, 2007]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="G" NODE="30:3.0.2.19.12.7" TYPE="SUBPART">
<HEAD>Subpart G—Indian Lands [Reserved]</HEAD>

</DIV6>


<DIV6 N="H" NODE="30:3.0.2.19.12.8" TYPE="SUBPART">
<HEAD>Subpart H—Service of Official Correspondence</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>71 FR 51751, Aug. 31, 2006, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1218.500" NODE="30:3.0.2.19.12.8.5.1" TYPE="SECTION">
<HEAD>§ 1218.500   What is the purpose of this subpart?</HEAD>
<P>This subpart contains instructions for designating a specific addressee of record for service of official correspondence using Form ONRR-4444, Addressee of Record Designation for Service of Official Correspondence.


</P>
</DIV8>


<DIV8 N="§ 1218.520" NODE="30:3.0.2.19.12.8.5.2" TYPE="SECTION">
<HEAD>§ 1218.520   What definitions apply to this subpart?</HEAD>
<P><I>Address of record</I> is the address to which official correspondence is served.
</P>
<P><I>Addressee of record for service of official correspondence</I> is the person or position to whom official correspondence is served, as specified on Form ONRR-4444, or in the absence of such a form, as established in § 1218.540(b)(2). The addressee of record in a part 1290, appeal will be the person or representative making the appeal.
</P>
<P><I>Official correspondence</I> is all correspondence from ONRR or our delegates, served on companies related to matters such as: forms reporting, audit and compliance, enforcement notices, rental courtesy notices, and invoices.


</P>
</DIV8>


<DIV8 N="§ 1218.540" NODE="30:3.0.2.19.12.8.5.3" TYPE="SECTION">
<HEAD>§ 1218.540   How does ONRR serve official correspondence?</HEAD>
<P>ONRR will serve all Notices of Noncompliance or Civil Penalty following the procedures in part 1241. We will serve all other documents following the procedures in this section.
</P>
<P>(a) <I>Method of service.</I> ONRR will serve all official correspondence to the addressee of record by one of the following methods:
</P>
<P>(1) U.S. Postal Service mail;
</P>
<P>(2) Personal delivery made pursuant to the law of the State in which the service is effected; or
</P>
<P>(3) Private mailing service (such as the United Parcel Service or Federal Express), with signature and date upon delivery acknowledging the addressee of record's receipt of the official correspondence document.
</P>
<P>(b) <I>Selection of addressee of record information.</I> (1) We will address official correspondence to the party shown on the most recently received Form ONRR-4444 for the type of correspondence at issue. The company or reporting entity is responsible for notifying ONRR of any name or address changes on Form ONRR-4444. The addressee of record in a part 1290, appeal will be the person or representative making the appeal.
</P>
<P>(2) If we do not receive addressee of record information from you on Form ONRR-4444, we may use the individual name and address, position title, or department name and address in our database, based on previous formal or informal communications or correspondence for the type of official correspondence at issue. Alternately, we may obtain contact information from public records and send correspondence to:
</P>
<P>(i) The registered agent;
</P>
<P>(ii) Any corporate officer; or
</P>
<P>(iii) The addressee of record shown in the files of any State Secretary; Corporate Commission; Federal or state agency that keeps official records of business entities or corporations; or other appropriate public records for individuals, business entities, or corporations.
</P>
<P>(c) <I>Dates of service.</I> Except as provided in paragraph (d) of this section, ONRR considers official correspondence as served on the date that it is received at the address of record. A receipt, signed and dated by any person at that address, is evidence of service and of the date of service. If official correspondence is served in more than one manner and the dates differ, the date of the earliest service is used<E T="52">[smc1]</E>.
</P>
<P>(d) <I>Constructive service.</I> If we cannot make delivery to the addressee of record after making a reasonable effort, we deem official correspondence as constructively served seven days after the date when we mail the document. This provision covers situations such as those where no delivery occurs because:
</P>
<P>(1) The addressee of record has moved without filing a forwarding address;
</P>
<P>(2) The forwarding order has expired;
</P>
<P>(3) Delivery was expressly refused; or
</P>
<P>(4) The document was unclaimed and the attempt to deliver it is substantiated by:
</P>
<P>(i) The U.S. Postal Service;
</P>
<P>(ii) A private mailing service, as described in this section; or
</P>
<P>(iii) The person who attempted to make delivery using some other method of service.
</P>
<CITA TYPE="N">[71 FR 51751, Aug. 31, 2006, as amended at 78 FR 52433, Aug. 23, 2013; 83 FR 3077, Jan. 23, 2018]


</CITA>
</DIV8>


<DIV8 N="§ 1218.560" NODE="30:3.0.2.19.12.8.5.4" TYPE="SECTION">
<HEAD>§ 1218.560   How do I submit Form ONRR-4444?</HEAD>
<P>You may obtain a copy of Form ONRR-4444 and instructions from ONRR. This form is posted at <I>http://www.onrr.gov/FM/Forms/default.htm.</I> Submit the completed, signed form to the address designated on Form ONRR-4444 instructions.
</P>
<CITA TYPE="N">[77 FR 25881, May 2, 2012]


</CITA>
</DIV8>


<DIV8 N="§ 1218.580" NODE="30:3.0.2.19.12.8.5.5" TYPE="SECTION">
<HEAD>§ 1218.580   When do I submit Form ONRR-4444?</HEAD>
<P>Initially, you must submit Form ONRR-4444 by November 29, 2006, and subsequently, within 2 weeks of any change of your address.


</P>
</DIV8>

</DIV6>


<DIV6 N="I" NODE="30:3.0.2.19.12.9" TYPE="SUBPART">
<HEAD>Subpart I [Reserved]</HEAD>

</DIV6>


<DIV6 N="J" NODE="30:3.0.2.19.12.10" TYPE="SUBPART">
<HEAD>Subpart J—Debt Collection and Administrative Offset</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>77 FR 25887, May 2, 2012, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1218.700" NODE="30:3.0.2.19.12.10.5.1" TYPE="SECTION">
<HEAD>§ 1218.700   What definitions apply to the regulations in this subpart?</HEAD>
<P>As used in this subpart:
</P>
<P><I>Administrative offset</I> means the withholding of funds payable by the United States (including funds payable by the United States on behalf of a state government) to any person, or the withholding of funds held by the United States for any person, in order to satisfy a debt owed to the United States.
</P>
<P><I>Agency</I> means a department, agency, court, court administrative office, or instrumentality in the executive, judicial, or legislative branch of government, including a government corporation.
</P>
<P><I>Day</I> means calendar day. To count days, include the last day of the period unless it is a Saturday, Sunday, or Federal legal holiday.
</P>
<P><I>Debt</I> and <I>claim</I> are synonymous and interchangeable. They refer to, among other things, royalties, rentals, and any other monies due to, or collectible by, the United States as well as fines, fees, assessments, penalties, and any other monies that have been determined to be legally enforceable and due to the United States from any person, organization, or entity, except another Federal agency. For the purposes of administrative offset under 31 U.S.C. 3716 and this subpart, the terms “debt” and “claims” include money, funds, or property owed to, or collectible by, the United States.
</P>
<P><I>Debtor</I> means a lessee, payor, or other person that owes a debt to the United States or ONRR, or from whom ONRR collects debts on behalf of the United States, the Department, or an Indian lessor.
</P>
<P><I>Delinquent</I> or<I> past due</I> refers to the status of a debt and means a debt that is legally enforceable and has not been paid within the time limit prescribed by the applicable act, law, regulation, lease, order, demand, notice of noncompliance, and/or assessment of civil penalties, contract, decision, or any other agreement.
</P>
<P><I>Department</I> means the Department of the Interior, and any of its bureaus or offices.
</P>
<P><I>Director</I> means the Director of the Office of Natural Resources Revenue, or his or her designee.
</P>
<P><I>DOJ</I> means the U.S. Department of Justice.
</P>
<P><I>FCCS</I> means the Federal Claims Collection Standards, which are published at 31 CFR parts 900 through 904.
</P>
<P><I>FMS</I> means the Financial Management Service, a bureau of the U.S. Department of the Treasury.
</P>
<P><I>Lease</I> means any contract, profit-share arrangement, joint venture, or other agreement issued or approved by the United States under any statutory authority including, but not limited to, a mineral leasing law that authorizes exploration for and development or extraction of oil, gas, coal, any other mineral or geothermal resources, or power generation from renewable energy sources, on Federal or Indian tribal or allotted lands or the Outer Continental Shelf. Depending on the context, lease may also refer to the land area covered by that authorization.
</P>
<P><I>Legally enforceable</I> means that there has been a final non-appealable agency determination that the debt, in the amount stated, is due, and there are no legal bars to collection by offset.
</P>
<P><I>Lessee</I> means any person to whom the United States or an Indian tribe or individual Indian mineral owner issues a Federal or Indian mineral or other resource lease, easement, right-of-way, or other agreement, an assignee of all or a part of the record title interest, or any person to whom operating rights have been assigned.
</P>
<P><I>ONRR</I> means the Office of Natural Resources Revenue, an office of the Department.
</P>
<P><I>Other agreement</I> means any agreement other than a lease and includes, but is not limited to, any agreement between you and the Department to pay the Department money, funds, or property, regardless of form.
</P>
<P><I>Past due</I> has the same meaning as “delinquent” as defined above.
</P>
<P><I>Payor</I> means any person who reports and pays royalties under a lease, regardless of whether that person is also a lessee.
</P>
<P><I>Person</I> includes a natural person or persons, profit or nonprofit corporation, partnership, association, limited liability company, trust, estate, consortium, or other entity that owes a debt to the United States.
</P>
<P><I>Tax refund offset</I> means the reduction of a tax refund by the amount of a past-due, legally enforceable debt.
</P>
<P><I>You</I> and <I>your</I> refer to the debtor.


</P>
</DIV8>


<DIV8 N="§ 1218.701" NODE="30:3.0.2.19.12.10.5.2" TYPE="SECTION">
<HEAD>§ 1218.701   What is ONRR's authority to issue these regulations?</HEAD>
<P>(a) The ONRR is issuing the regulations in this subpart under the authority of the FCCS, the Debt Collection Act of 1982, and the Debt Collection Improvement Act of 1996, 31 U.S.C. 3711, 3716-3718, and 3720A.
</P>
<P>(b) The regulations in this subpart adopt and supplement the FCCS as necessary.


</P>
</DIV8>


<DIV8 N="§ 1218.702" NODE="30:3.0.2.19.12.10.5.3" TYPE="SECTION">
<HEAD>§ 1218.702   What happens to delinquent debts you owe ONRR?</HEAD>
<P>(a) The ONRR will collect debts from you under the regulations in this subpart in addition to other applicable statutory and regulatory authorities.
</P>
<P>(b) The ONRR will transfer to the U.S. Department of the Treasury any past due, legally enforceable nontax debt that is delinquent within 180 days from the date the debt becomes delinquent so that Treasury may take appropriate action to collect the debt or terminate the collection action under 26 U.S.C. 6402(d)(1) and (2); 31 U.S.C. 3711, 3716, and 3720A; the FCCS; and 31 CFR 285.2 and 285.5.


</P>
</DIV8>


<DIV8 N="§ 1218.703" NODE="30:3.0.2.19.12.10.5.4" TYPE="SECTION">
<HEAD>§ 1218.703   What notice will ONRR give you of our intent to refer a matter to Treasury to collect a debt?</HEAD>
<P>(a) When the Director determines that you owe, or may owe, a legally enforceable debt to ONRR, the Director will send a written notice to you informing you that ONRR intends to refer the debt to Treasury. We will send the notice by facsimile or mail to the most current address known to us. The notice will inform you of the following:
</P>
<P>(1) The amount, nature, and basis of the debt.
</P>
<P>(2) The methods of offset that ONRR or Treasury may use.
</P>
<P>(3) Your opportunity to inspect and copy agency records related to the debt.
</P>
<P>(4) Your opportunity to enter into a written agreement with us to repay the debt.
</P>
<P>(5) Our policy concerning interest and administrative costs under § 1218.704, including a statement that we will make such assessments against you unless we determine otherwise under the criteria of the FCCS and this part.
</P>
<P>(6) The date by which you must remit payment to avoid additional late charges and enforced collection.
</P>
<P>(7) The name, address, and telephone number of a contact person (or office) at ONRR who is available to discuss your debt.
</P>
<P>(b)(1) You may not appeal the notice issued under this section unless the notice specifically provides you with the opportunity for review under 30 CFR parts 1290 or 1241 because you did not previously receive a notice of the order, decision on appeal, or any other notice or decision that is the basis of the debt that ONRR intends to refer to Treasury, and for which you may be liable in whole or in part under applicable law. You may not dispute matters related to your delinquent debt that were the subject of a final order or appeal decision of which you were the recipient, or to which you were a party that is the basis of your delinquent debt.
</P>
<P>(2) This section applies whether or not you appealed the order, demand, notice of noncompliance, or assessment of civil penalties under 30 CFR parts 1290 or 1241.


</P>
</DIV8>


<DIV8 N="§ 1218.704" NODE="30:3.0.2.19.12.10.5.5" TYPE="SECTION">
<HEAD>§ 1218.704   What is ONRR's policy on interest and administrative costs?</HEAD>
<P>(a) <I>Interest.</I> (1) The ONRR will assess interest on all delinquent debts as prescribed by applicable statutes and regulations.
</P>
<P>(i) Interest will accrue on debts involving Federal and Indian oil and gas leases under 30 CFR 1218.54, 1218.102, and 1218.150.
</P>
<P>(ii) Interest will accrue on debts involving Federal and Indian solid mineral and geothermal resource leases under 30 CFR 1218.202 and 1218.302.
</P>
<P>(iii) Interest will accrue on civil penalties ONRR assesses under 30 CFR part 1241.
</P>
<P>(2) Interest begins to accrue on all debts from the date that the payment was due unless otherwise specified by law or lease terms.
</P>
<P>(b) <I>Penalties.</I> The ONRR will assess penalties under our authority in 30 U.S.C. 1719 and 1720a, and implementing regulations at 30 CFR part 1241.
</P>
<P>(c) <I>Administrative costs.</I> The ONRR initially will assess $436 for administrative costs incurred as a result of your failure to pay a delinquent debt. We will publish a notice of any increase in administrative costs assessed under this section in the <E T="04">Federal Register.</E> The ONRR also may assess $436 for administrative costs that continue to accrue during any appeal process if:
</P>
<P>(1) The notice we provide you under 30 CFR 1218.703 grants you the right to appeal and you exercise that right; and
</P>
<P>(2) Your appeal is denied and we refer the delinquent debt to Treasury under this subpart.
</P>
<P>(d) <I>Allocation of payments.</I> The ONRR will apply a partial or installment payment you make on a delinquent debt sent to Treasury, first to outstanding penalty assessments, second to administrative costs, third to accrued interest, and fourth to the outstanding debt principal.
</P>
<P>(e) <I>Additional authority.</I> The ONRR may assess interest, penalty charges, and administrative costs on debts that are not subject to 31 U.S.C. 3717 to the extent authorized under common law or other applicable statutory or regulatory authority.
</P>
<P>(f) <I>Waiver.</I> The Director may decide to waive collection of all or part of the administrative costs under paragraph (c) of this section either in compromise of the delinquent debt or if the Director determines collection of this charge would be against equity and good conscience or not in the Government's best interest.
</P>
<P>(g) The ONRR's decision whether to collect or waive collection of administrative costs under paragraph (f) of this section is the final decision for the Department and is not subject to administrative review.


</P>
</DIV8>


<DIV8 N="§ 1218.705" NODE="30:3.0.2.19.12.10.5.6" TYPE="SECTION">
<HEAD>§ 1218.705   What is ONRR's policy on recommending revocation of your ability to engage in Federal or Indian leasing, licensing, or granting of easements, permits, or rights-of-way?</HEAD>
<P>The Director may recommend that the leasing or issuing agency, under statutory or regulatory authority applicable to that agency, revoke your ability to engage in Federal or Indian leasing, licensing, or granting of easements, permits, or rights-of-way if you inexcusably or willfully fail to pay a debt. The Director will recommend that any revocation of your ability to engage in Federal or Indian leasing, licensing, or granting of easements, permits, or rights-of-way should last only as long as your debt remains unpaid or unresolved.


</P>
</DIV8>


<DIV8 N="§ 1218.706" NODE="30:3.0.2.19.12.10.5.7" TYPE="SECTION">
<HEAD>§ 1218.706   What debts may ONRR refer to Treasury to collect by administrative offset or tax refund offset?</HEAD>
<P>(a) The ONRR may refer any past due, legally enforceable debt you owe to ONRR to Treasury to collect through administrative offset or tax refund offset at least 60 days after we give you notice under 30 CFR 1218.703 if the debt:
</P>
<P>(1) Is at least $25.00 or another amount established by Treasury; and
</P>
<P>(2) Does not involve Federal oil and gas lease obligations for which offset is precluded under 30 U.S.C. 1724(b)(3).
</P>
<P>(b) The ONRR may refer debts reduced to judgment to Treasury for tax refund offset at any time.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="1219" NODE="30:3.0.2.19.13" TYPE="PART">
<HEAD>PART 1219—DISTRIBUTION AND DISBURSEMENT OF ROYALTIES, RENTALS, AND BONUSES


</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Section 104, Pub. L. 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Pub. L. 109-432, Div. C, Title I, 120 Stat. 3000.


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>80 FR 81458, Dec. 30, 2015, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.13.1" TYPE="SUBPART">
<HEAD>Subparts A-B [Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.13.2" TYPE="SUBPART">
<HEAD>Subpart C—Oil and Gas, Onshore</HEAD>


<DIV8 N="§ 1219.100" NODE="30:3.0.2.19.13.2.5.1" TYPE="SECTION">
<HEAD>§ 1219.100   What is ONRR's timing of payment to the States?</HEAD>
<P>ONRR will pay a State's share of mineral leasing revenues to the State not later than the last business day of the month in which the U.S. Treasury issues a warrant authorizing the disbursement, except for any portion of such revenues which is under challenge and placed in a suspense account pending resolution of a dispute.


</P>
</DIV8>


<DIV8 N="§ 1219.101" NODE="30:3.0.2.19.13.2.5.2" TYPE="SECTION">
<HEAD>§ 1219.101   What receipts are subject to an interest charge?</HEAD>
<P>(a) Subject to the availability of appropriations, the Office of Natural Resources Revenue (ONRR) will pay the State its proportionate share of any interest charge for royalty and related monies that are placed in a suspense account pending resolution of any matters that may disallow distribution and disbursement. Such monies not disbursed by the last business day of the month following receipt by ONRR will accrue interest until paid.
</P>
<P>(b) Upon resolution of any matters that may disallow distribution and disbursement, ONRR will disburse the suspended monies found due in paragraph (a) of this section, plus interest, to the State, under the provisions of § 1219.100.
</P>
<P>(c) ONRR will apply paragraph (a) of this section to revenues that ONRR cannot disburse to the State because the payor/lessee provided to ONRR incorrect, inadequate, or incomplete information, which prevented ONRR from identifying the proper recipient of the payment.


</P>
</DIV8>


<DIV8 N="§ 1219.102" NODE="30:3.0.2.19.13.2.5.3" TYPE="SECTION">
<HEAD>§ 1219.102   What is ONRR's method of payment to the States?</HEAD>
<P>ONRR will disburse monies to a State by Electronic Funds Transfer (EFT).


</P>
</DIV8>


<DIV8 N="§ 1219.103" NODE="30:3.0.2.19.13.2.5.4" TYPE="SECTION">
<HEAD>§ 1219.103   How will ONRR manage payments to Indian accounts?</HEAD>
<P>ONRR will transfer mineral revenues received from Indian leases to the appropriate Indian accounts that the Bureau of Indian Affairs (BIA) manages for allotted and Tribal revenues. These accounts are specifically designated Treasury accounts. ONRR will transfer these revenues to the Indian accounts at the earliest practicable date after such funds are received, but in no case later than the last business day of the month in which ONRR receives these revenues.


</P>
</DIV8>


<DIV8 N="§ 1219.104" NODE="30:3.0.2.19.13.2.5.5" TYPE="SECTION">
<HEAD>§ 1219.104   What are Explanation of Payments to the States and Indian Tribes?</HEAD>
<P>(a) ONRR will describe the payments to States and BIA, on behalf of Indian Tribes or Indian allottees, discussed in this part, in ONRR-prepared Explanation of Payment reports. ONRR will prepare these reports at the lease level and will include a description of the type of payment made, the period covered by the payment, the source of the payment, sales amounts upon which the payment is based, the royalty rate, and the unit value. If any State or Indian Tribe needs additional information pertaining to mineral revenue payments, the State or Tribe may request this information from ONRR.
</P>
<P>(b) ONRR will provide these reports to:
</P>
<P>(1) States, not later than the 10th day of the month following the month in which ONRR disburses the State's share of royalties and related monies.
</P>
<P>(2) BIA, on behalf of Tribes and Indian allottees, not later than the 10th day of the month following the month in which ONRR disburses the funds.
</P>
<P>(c) ONRR will not include in these reports revenues that we cannot distribute to States, Tribes, or Indian allottees because the payor/lessee provided incorrect, inadequate, or incomplete information about the proper recipient of the payment, until the payor/lessee has submitted to ONRR the missing information.


</P>
</DIV8>


<DIV8 N="§ 1219.105" NODE="30:3.0.2.19.13.2.5.6" TYPE="SECTION">
<HEAD>§ 1219.105   What definitions apply to this subpart?</HEAD>
<P>Terms that ONRR uses in this subpart will have the same meaning as in 30 U.S.C. 1702.


</P>
</DIV8>

</DIV6>


<DIV6 N="D" NODE="30:3.0.2.19.13.3" TYPE="SUBPART">
<HEAD>Subpart D—Oil and Gas, Offshore, GOMESA Phase I Revenue Sharing</HEAD>


<DIV8 N="§ 1219.410" NODE="30:3.0.2.19.13.3.5.1" TYPE="SECTION">
<HEAD>§ 1219.410   What does this subpart contain?</HEAD>
<P>(a) The Gulf of Mexico Energy Security Act of 2006 (GOMESA) directs the Secretary of the Interior to disburse a portion of the rentals, royalties, bonus bids, and other sums derived from certain Outer Continental Shelf (OCS) leases in the Gulf of Mexico (GOM) to the States of Alabama, Louisiana, Mississippi, and Texas (collectively identified as the Gulf producing States); to eligible coastal political subdivisions (CPSs) within those States; and to the Land and Water Conservation Fund (LWCF). Shared GOMESA revenues are reserved for the following purposes:
</P>
<P>(1) Projects and activities for the purpose of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses;
</P>
<P>(2) Mitigation of damage to fish, wildlife, or natural resources;
</P>
<P>(3) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan;
</P>
<P>(4) Mitigation of the impact of OCS activities through the funding of onshore infrastructure projects; and
</P>
<P>(5) Planning assistance and administrative costs not-to-exceed 3 percent of the amounts received.
</P>
<P>(b) This subpart sets forth the formula and methodology ONRR uses to determine the amount of revenues allocated and disbursed to each Gulf producing State and each eligible CPS for each of fiscal years 2007 through 2016. Leasing revenues disbursed under this subpart originate from leases issued on or after December 20, 2006, in the 181 Area in the Eastern Planning Area and the 181 South Area, subject to restrictions identified in GOMESA. We collectively refer to the revenue sharing from these areas for these fiscal years as GOMESA Phase I revenue sharing. For questions related to the revenue-sharing provisions in this subpart, please contact: Program Manager, Financial Management, Office of Natural Resources Revenue, P.O. Box 25165, Denver Federal Center, Building 85, Denver, CO 80225-0165.


</P>
</DIV8>


<DIV8 N="§ 1219.411" NODE="30:3.0.2.19.13.3.5.2" TYPE="SECTION">
<HEAD>§ 1219.411   What definitions apply to this subpart?</HEAD>
<P>For purposes of this subpart:
</P>
<P><I>181 Area</I> means the area identified in map 15, page 58, of the “Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997-2002,” dated August 1996, excluding the area offered in OCS Lease Sale 181, held on December 5, 2001.
</P>
<P><I>181 Area in the Eastern Planning Area</I> is comprised of the area of overlap of the two geographic areas defined as the “181 Area” and the “Eastern Planning Area.”
</P>
<P><I>181 South Area</I> means any area—
</P>
<P>(1) Located:
</P>
<P>(i) South of the 181 Area;
</P>
<P>(ii) West of the Military Mission Line; and
</P>
<P>(iii) In the Central Planning Area;
</P>
<P>(2) Excluded from the “Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997-2002,” dated August 1996, of the Bureau of Ocean Energy Management; and
</P>
<P>(3) Included in the areas considered for oil and gas leasing, as identified in map 8, page 84, of the document entitled, “Revised Outer Continental Shelf Oil and Gas Leasing Program 2007-2012,” approved December 2010.
</P>
<P><I>Applicable leased tract (Phase I)</I> means a tract that is subject to a lease under section 8 of the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1337, for the purpose of drilling for, developing, and producing oil or natural gas resources, issued on or after December 20, 2006, and located fully or partially in either the 181 Area in the Eastern Planning Area or in the 181 South Area.
</P>
<P><I>Central Planning Area</I> means the Central Gulf of Mexico Planning Area of the Outer Continental Shelf, as designated in the document entitled, “Revised Outer Continental Shelf Oil and Gas Leasing Program 2007-2012,” approved December 2010.
</P>
<P><I>Coastal political subdivision</I> means a political subdivision of a Gulf producing State, any part of which is:
</P>
<P>(1) Within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the Gulf producing State as of December 20, 2006; and
</P>
<P>(2) Not more than 200 nautical miles from the geographic center of any leased tract.
</P>
<P><I>Coastline</I> means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters. This is the same definition used in section 2 of the Submerged Lands Act (43 U.S.C. 1301).
</P>
<P><I>Distance</I> means the minimum great circle distance.
</P>
<P><I>Eastern Planning Area</I> means the Eastern Gulf of Mexico Planning Area of the Outer Continental Shelf, as designated in the document entitled, “Revised Outer Continental Shelf Oil and Gas Leasing Program 2007-2012,” approved December 2010.
</P>
<P><I>Gulf producing State</I> means each of the States of Alabama, Louisiana, Mississippi, and Texas.
</P>
<P><I>Leased tract</I> means any tract that is subject to a lease under section 6 or 8 of the Outer Continental Shelf Lands Act for the purpose of drilling for, developing, and producing oil or natural gas resources.
</P>
<P><I>Military Mission Line</I> means the north-south line at 86°41′ W. longitude.
</P>
<P><I>Qualified OCS revenues (Phase I) means</I>—
</P>
<P>(1) In the case of each of the fiscal years 2007 through 2016, all rentals, royalties, bonus bids, and other sums received by the United States from leases issued on or after December 20, 2006, located:
</P>
<P>(i) In the 181 Area in the Eastern Planning Area.
</P>
<P>(ii) In the 181 South Area.
</P>
<P>(2) For applicable leased tracts intersected by the planning area administrative boundary line (<I>e.g.,</I> separating the GOM Central Planning Area from the Eastern Planning Area), only the percent of revenues equivalent to the percent of surface acreage in the 181 Area in the Eastern Planning Area will be considered qualified OCS revenues <I>(Phase I).</I>
</P>
<P>(3) Exclusions from the term qualified OCS revenues <I>(Phase I)</I> are:
</P>
<P>(i) Revenues from the forfeiture of a bond or other surety securing obligations other than royalties;
</P>
<P>(ii) Civil penalties;
</P>
<P>(iii) Royalties “taken by the Secretary in-kind and not sold.” (Pub. L. 109-432, Dec. 20, 2006);
</P>
<P>(iv) Revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g));
</P>
<P>(v) User fees; and
</P>
<P>(vi) Lease revenues explicitly excluded from GOMESA revenue sharing by statute or appropriations law.


</P>
</DIV8>


<DIV8 N="§ 1219.412" NODE="30:3.0.2.19.13.3.5.3" TYPE="SECTION">
<HEAD>§ 1219.412   How will ONRR divide the qualified OCS revenues (Phase I)?</HEAD>
<P>For each of the fiscal years 2007 through 2016, the Secretary of the Treasury will deposit 50 percent of the qualified OCS revenues (Phase I) into a special U.S. Treasury account, from which ONRR will disburse 75 percent to the Gulf producing States and 25 percent to the Land and Water Conservation Fund (LWCF). Of the revenues disbursed to a Gulf producing State, we will disburse 20 percent directly to the CPSs within that State. Each Gulf producing State will receive at least 10 percent of the qualified OCS revenues (Phase I) available for allocation to the Gulf producing States each fiscal year. The following table summarizes the resulting revenue shares (adding to 100 percent):
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Revenue Distribution of Qualified OCS Revenues Under GOMESA Phase I
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Recipient of qualified OCS revenues
</TH><TH class="gpotbl_colhed" scope="col">Percentage 
<br/>of qualified 
<br/>OCS revenues
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">U.S. Treasury (General Fund)</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Land and Water Conservation Fund</TD><TD align="right" class="gpotbl_cell">12.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Gulf Producing States</TD><TD align="right" class="gpotbl_cell">30
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Gulf Producing State Coastal Political Subdivisions</TD><TD align="right" class="gpotbl_cell">7.5</TD></TR></TABLE></DIV></DIV>
</DIV8>


<DIV8 N="§ 1219.413" NODE="30:3.0.2.19.13.3.5.4" TYPE="SECTION">
<HEAD>§ 1219.413   How will ONRR determine each Gulf producing State's share of the qualified OCS revenues (Phase I) from leases in the 181 Area in the Eastern Planning Area and the 181 South Area?</HEAD>
<P>(a) ONRR will determine the great circle distance between:
</P>
<P>(1) The geographic center of each applicable leased tract (Phase I); and
</P>
<P>(2) The point on the coastline of each Gulf producing State that is closest to the geographic center of each applicable leased tract (Phase I).
</P>
<P>(b) Based on these distances, we will calculate the qualified OCS revenues (Phase I) to disburse to each Gulf producing State as follows:
</P>
<P>(1) For each Gulf producing State, we will calculate and total, over all applicable leased tracts (Phase I), the mathematical inverses of the distances between the points on the State's coastline that are closest to the geographic centers of the applicable leased tracts (Phase I), and the geographic centers of the applicable leased tracts (Phase I). For applicable leased tracts intersected by the planning area administrative boundary line, we will use the geographic center of the entire lease for the inverse distance determination.
</P>
<P>(2) For each Gulf producing State, we will divide the sum of each State's inverse distances from all applicable leased tracts (Phase I) calculated under paragraph (1), by the sum of the inverse distances from all applicable leased tracts (Phase I) across all four Gulf producing States. In the formulas below, <I>I</I><E T="54">AL</E>, <I>I</I><E T="54">LA</E>, <I>I</I><E T="54">MS</E>, and <I>I</I><E T="54">TX</E> represent the sum of the inverses of the shortest distances between Alabama, Louisiana, Mississippi, and Texas and all applicable leased tracts (Phase I), respectively. We will multiply the result by the amount of shareable, qualified OCS revenues (Phase I).
</P>
<EXTRACT>
<FP-1>Alabama Share = (<I>I</I><E T="54">AL</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase I)
</FP-1>
<FP-1>Louisiana Share = (<I>I</I><E T="54">LA</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase I)
</FP-1>
<FP-1>Mississippi Share = (<I>I</I><E T="54">MS</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase I)
</FP-1>
<FP-1>Texas Share = (<I>I</I><E T="54">TX</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase I)</FP-1></EXTRACT>
<P>(3) If, in any fiscal year, this calculation results in less than a 10-percent allocation of the qualified OCS revenues (Phase I) to any Gulf producing State, we will recalculate the distribution. We will allocate 10 percent of the qualified OCS revenues (Phase I) to the affected State and recalculate the other States' shares of the remaining qualified OCS revenues (Phase I), omitting from the calculation the State receiving the 10-percent minimum share.


</P>
</DIV8>


<DIV8 N="§ 1219.414" NODE="30:3.0.2.19.13.3.5.5" TYPE="SECTION">
<HEAD>§ 1219.414   How will ONRR allocate the qualified OCS revenues (Phase I) to coastal political subdivisions within the Gulf producing States?</HEAD>
<P>(a) Of the qualified OCS revenues (Phase I) allocated to a Gulf producing State's CPSs, ONRR will allocate 25 percent based on the proportion that each CPS's population bears to the population of all CPSs in the State.
</P>
<P>(b) Of the qualified OCS revenues (Phase I) allocated to a Gulf producing State's CPSs, we will allocate 25 percent based on the proportion that each CPS's miles of coastline bears to the total miles of coastline across all CPSs in the State. However, for the State of Louisiana, we will deem CPSs without a coastline to each have a coastline one-third the average length of the coastline of all CPSs within Louisiana that have a coastline.
</P>
<P>(c)(1) Of the qualified OCS revenues (Phase I) allocated to a Gulf producing State's CPSs, we will allocate 50 percent in amounts that are inversely proportional to the respective distances between:
</P>
<P>(i) The point in each CPS that is closest to the geographic center of each applicable leased tract (Phase I); and
</P>
<P>(ii) The geographic center of each applicable leased tract (Phase I).
</P>
<P>(2) However, we will exclude distances to an applicable leased tract (Phase I) from this calculation if any portion of the tract is located in a geographic area that was subject to a leasing moratorium on January 1, 2005, unless the leased tract was in production on that date.


</P>
</DIV8>


<DIV8 N="§ 1219.415" NODE="30:3.0.2.19.13.3.5.6" TYPE="SECTION">
<HEAD>§ 1219.415   How will ONRR allocate qualified OCS revenues (Phase I) to the coastal political subdivisions if, during any fiscal year, there are no applicable leased tracts in the 181 Area in the Eastern Gulf of Mexico Planning Area?</HEAD>
<P>If, during any fiscal year, there are no applicable leased tracts in the 181 Area in the Eastern Gulf of Mexico Planning Area, ONRR will allocate revenues to the CPSs in accordance with the following criteria:
</P>
<P>(a) Of the qualified OCS revenues (Phase I) allocated to a Gulf producing State's CPSs, we will allocate 50 percent based on the proportion that each CPS's population bears to the population of all CPSs in the State.
</P>
<P>(b) Of the qualified OCS revenues (Phase I) allocated to a Gulf producing State's CPSs, we will allocate 50 percent based on the proportion that each CPS's miles of coastline bears to the total miles of coastline across all CPSs within the State. However, for the State of Louisiana, we will deem CPSs without a coastline to each have a coastline one-third the average length of the coastline of all CPSs within Louisiana that have a coastline.


</P>
</DIV8>


<DIV8 N="§ 1219.416" NODE="30:3.0.2.19.13.3.5.7" TYPE="SECTION">
<HEAD>§ 1219.416   When will ONRR disburse funds to Gulf producing States and coastal political subdivisions?</HEAD>
<P>ONRR will disburse GOMESA revenues as soon as authorized and practicable within the fiscal year following the year that we collect qualified OCS revenues (Phase I).


</P>
</DIV8>

</DIV6>


<DIV6 N="E" NODE="30:3.0.2.19.13.4" TYPE="SUBPART">
<HEAD>Subpart E—Oil and Gas, Offshore, GOMESA Phase II Revenue Sharing</HEAD>


<DIV8 N="§ 1219.510" NODE="30:3.0.2.19.13.4.5.1" TYPE="SECTION">
<HEAD>§ 1219.510   What does this subpart contain?</HEAD>
<P>(a) GOMESA directs the Secretary of the Interior to disburse a portion of the rentals, royalties, bonus bids, and other sums derived from certain OCS leases in the GOM to the States of Alabama, Louisiana, Mississippi, and Texas (collectively identified as the Gulf producing States); to eligible CPSs within those States; and to the LWCF. GOMESA directs the Gulf producing States and CPSs to use the shared revenues for the following purposes:
</P>
<P>(1) Projects and activities for the purpose of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses;
</P>
<P>(2) Mitigation of damage to fish, wildlife, or natural resources;
</P>
<P>(3) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan;
</P>
<P>(4) Mitigation of the impact of OCS activities through the funding of onshore infrastructure projects; and
</P>
<P>(5) Planning assistance and administrative costs not-to-exceed 3 percent of the amounts received.
</P>
<P>(b) This subpart sets forth the formula and methodology ONRR will use to determine the amount of revenues allocated and disbursed to each Gulf producing State and each eligible CPS for fiscal year 2017 and each fiscal year thereafter. Leasing revenues disbursed under this subpart (also referred to as GOMESA Phase II) originate from leases issued on or after December 20, 2006, in the 181 Area, the 181 South Area, and the GOM 2002-2007 Planning Area, subject to restrictions and caps identified in GOMESA. For questions related to the revenue-sharing provisions in this subpart, please contact: Program Manager, Financial Management, Office of Natural Resources Revenue, P.O. Box 25165, Denver Federal Center, Building 85, Denver, CO 80225-0165, or at (303) 231-3217.


</P>
</DIV8>


<DIV8 N="§ 1219.511" NODE="30:3.0.2.19.13.4.5.2" TYPE="SECTION">
<HEAD>§ 1219.511   What definitions apply to this subpart?</HEAD>
<P>For purposes of this subpart:
</P>
<P><I>181 Area</I> is defined at § 1219.411.
</P>
<P><I>181 South Area</I> is defined at § 1219.411.
</P>
<P><I>“181 Area in the Central Planning Area”</I> is comprised of the area of overlap of the two geographic areas defined at § 1219.411 as the “181 Area” and the “Central Planning Area.”
</P>
<P><I>2002-2007</I> Planning Area means any area—
</P>
<P>(1) Located in—
</P>
<P>(i) The Eastern Planning Area, as designated in the “Proposed Final Outer Continental Shelf Leasing Program 2002-2007,” dated April 2002;
</P>
<P>(ii) The Central Planning Area, as designated in the “Proposed Final Outer Continental Shelf Leasing Program 2002-2007,” dated April 2002; or
</P>
<P>(iii) The Western Planning Area, as designated in the “Proposed Final Outer Continental Shelf Leasing Program 2002-2007,” dated April 2002; and
</P>
<P>(2) Not located in—
</P>
<P>(i) An area in which no funds may be expended to conduct offshore preleasing, leasing, and related activities under sections 104 through 106 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Pub. L. 109-54; 119 Stat. 521) (as in effect on August 2, 2005);
</P>
<P>(ii) An area withdrawn from leasing under the “Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition,” from 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998; or
</P>
<P>(iii) The 181 Area or 181 South Area.
</P>
<P><I>Applicable leased tract (Phase II)</I> means a tract that is subject to a lease under section 8 of the OCSLA, for the purpose of drilling for, developing, and producing oil or natural gas resources, issued on or after December 20, 2006, and located fully or partially in either the 181 Area or the 181 South Area.
</P>
<P><I>Central Planning Area</I> is defined at § 1219.411.
</P>
<P><I>Coastal political subdivision</I> is defined at § 1219.411.
</P>
<P><I>Coastline</I> is defined at § 1219.411.
</P>
<P><I>Distance</I> is defined at § 1219.411.
</P>
<P><I>Eastern Planning Area</I> is defined at § 1219.411.
</P>
<P><I>Gulf producing State</I> is defined at § 1219.411.
</P>
<P><I>Historical lease site</I> means any tract in the 2002-2007 Planning Area leased on or after October 1, 1982, under section 8 of the OCSLA, for the purpose of drilling for, developing, and producing oil or natural gas resources.
</P>
<P><I>Leased tract</I> is defined at § 1219.411.
</P>
<P><I>Military Mission Line</I> is defined at § 1219.411.
</P>
<P><I>Qualified OCS revenues (Phase II)</I> means—
</P>
<P>(1) In the case of fiscal year 2017 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums received by the United States from leases that lessees enter(ed) into on or after December 20, 2006, located:
</P>
<P>(i) In the 181 Area;
</P>
<P>(ii) In the 181 South Area;
</P>
<P>(iii) In the 2002-2007 Planning Area.
</P>
<P>(2) Exclusions from the term <I>“Qualified OCS revenues (Phase II)”</I> are:
</P>
<P>(i) Revenues from the forfeiture of a bond or other surety instrument securing obligations other than royalties;
</P>
<P>(ii) Civil penalties;
</P>
<P>(iii) Royalties “taken by the Secretary in-kind and not sold” (Pub. L. 109-432, Dec 20, 2006);
</P>
<P>(iv) Revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g));
</P>
<P>(v) User fees; and
</P>
<P>(vi) Lease revenues explicitly excluded from GOMESA revenue sharing by statute or appropriations law.
</P>
<P>(3) The term <I>“Qualified OCS revenues (Phase II)”</I> consists wholly of the two subsets defined as <I>“Qualified OCS revenues (Phase II—capped)”</I> and <I>“Qualified OCS revenues (Phase II—uncapped).”</I>
</P>
<P>(i) <I>Qualified OCS revenues (Phase II—capped)</I> means, in the case of fiscal year 2017 and each fiscal year thereafter, the subset of qualified OCS revenues (Phase II) received by the United States from leases that lessees enter(ed) into on or after December 20, 2006, located:
</P>
<P>(A) In the 181 Area in the Central Planning Area; or
</P>
<P>(B) In the 2002-2007 Planning Area.
</P>
<P>(ii) <I>Qualified OCS revenues (Phase II—uncapped)</I> means, in the case of fiscal year 2017 and each fiscal year thereafter, the subset of qualified OCS revenues (Phase II) received by the United States from leases that lessees enter(ed) into on or after December 20, 2006, located:
</P>
<P>(A) In the 181 Area in the Eastern Planning Area, or
</P>
<P>(B) In the 181 South Area.


</P>
</DIV8>


<DIV8 N="§ 1219.512" NODE="30:3.0.2.19.13.4.5.3" TYPE="SECTION">
<HEAD>§ 1219.512   How will ONRR divide the qualified OCS revenues (Phase II)?</HEAD>
<P>(a) For fiscal year 2017 and each fiscal year thereafter, the Secretary of the Treasury will deposit 50 percent of the qualified OCS revenues (Phase II—uncapped) into a special U.S. Treasury account, from which ONRR will disburse 75 percent to the Gulf producing States and 25 percent to the LWCF. Of the revenues disbursed to a Gulf producing State, we will disburse 20 percent directly to the CPSs within that State. Each Gulf producing State will receive at least 10 percent of the qualified OCS revenues (Phase II—uncapped) available for allocation to the Gulf producing States each fiscal year. The following table summarizes the resulting revenue shares (adding to 100 percent):
</P>
<DIV width="100%"><DIV class="table_head"><P class="gpotbl_title">Revenue Distribution of Qualified OCS Revenues (Phase II—Uncapped) Under GOMESA Phase II
</P></DIV><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Recipient of qualified OCS revenues
</TH><TH class="gpotbl_colhed" scope="col">Percentage 
<br/>of qualified 
<br/>OCS revenues
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">U.S. Treasury (General Fund)</TD><TD align="right" class="gpotbl_cell">50
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Land and Water Conservation Fund</TD><TD align="right" class="gpotbl_cell">12.5
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Gulf Producing States</TD><TD align="right" class="gpotbl_cell">30
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">Gulf Producing State Coastal Political Subdivisions</TD><TD align="right" class="gpotbl_cell">7.5</TD></TR></TABLE></DIV></DIV>
<P>(b) For fiscal years 2017 through 2024 and 2035 through 2055, the Secretary of the Treasury will deposit 50 percent of the qualified OCS revenues (Phase II—capped) into a special U.S. Treasury account. The total amount of qualified OCS revenues (Phase II—capped) deposited in the special U.S. Treasury account and available for allocation to the Gulf producing States, the CPSs and the LWCF, under this subpart, cannot exceed $500,000,000 for each of the fiscal years 2017 through 2024 and 2035 through 2055. After applying the cap, if applicable, ONRR will disburse 75 percent to the Gulf producing States and 25 percent to the LWCF. Of the revenues disbursed to a Gulf producing State, we will disburse 20 percent directly to the CPSs within that State. Each Gulf producing State will receive at least 10 percent of the qualified OCS revenues (Phase II—capped) available for allocation to the Gulf producing States each fiscal year.
</P>
<P>(c) For fiscal years 2025 through 2034, the total amount of qualified OCS revenues (Phase II—capped) deposited in the special U.S. Treasury account and available for allocation to the Gulf producing States, the CPSs and the LWCF, under this subpart, cannot exceed $650,000,000 for each fiscal year. After applying the cap, if applicable, ONRR will disburse the amounts pursuant to paragraph (b) of this section.
</P>
<CITA TYPE="N">[80 FR 81458, Dec. 30, 2015, as amended at 90 FR 38939, Aug. 13, 2025]




</CITA>
</DIV8>


<DIV8 N="§ 1219.513" NODE="30:3.0.2.19.13.4.5.4" TYPE="SECTION">
<HEAD>§ 1219.513   How will ONRR determine each Gulf producing State's share of the qualified OCS revenues (Phase II) from leases in the 181 Area, the 181 South Area, and the 2002-2007 Planning Area?</HEAD>
<P>(a) ONRR will determine the great circle distance between:
</P>
<P>(1) The geographic center of each applicable leased tract (Phase II) or historical lease site; and
</P>
<P>(2) The point on the coastline of each Gulf producing State that is closest to the geographic center of each applicable leased tract (Phase II) or historical lease site.
</P>
<P>(b) Based on a specific subset of these distances, we will calculate the qualified OCS revenues (Phase II—uncapped) to disburse to each Gulf producing State as follows:
</P>
<P>(1) For each Gulf producing State, we will calculate and total, over all applicable leased tracts (Phase II) located in the 181 Area in the Eastern Planning Area or the 181 South Area, the mathematical inverses of the distances between the points on the State's coastline that are closest to the geographic centers of the applicable leased tracts (Phase II) located in the 181 Area in the Eastern Planning Area or the 181 South Area, and the geographic centers of the applicable leased tracts (Phase II) located in the 181 Area in the Eastern Planning Area or the 181 South Area.
</P>
<P>(2) For each Gulf producing State, we will divide the sum of each State's inverse distances from all applicable leased tracts (Phase II) located in the 181 Area in the Eastern Planning Area or the 181 South Area calculated under paragraph (1), by the sum of the inverse distances from all applicable leased tracts (Phase II) located in the 181 Area in the Eastern Planning Area or the 181 South Area across all four Gulf producing States. In the formulas below, <I>I</I><E T="54">AL</E>, <I>I</I><E T="54">LA</E>, <I>I</I><E T="54">MS</E>, and <I>I</I><E T="54">TX</E> represent the sum of the inverses of the shortest distances between Alabama, Louisiana, Mississippi, and Texas and all applicable leased tracts (Phase II), respectively. We will multiply the result by the amount of shareable, qualified OCS revenues (Phase II—uncapped).
</P>
<EXTRACT>
<FP-1>Alabama Share = (<I>I</I><E T="54">AL</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase II—uncapped)
</FP-1>
<FP-1>Louisiana Share = (<I>I</I><E T="54">LA</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase II—uncapped)
</FP-1>
<FP-1>Mississippi Share = (<I>I</I><E T="54">MS</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase II—uncapped)
</FP-1>
<FP-1>Texas Share = (<I>I</I><E T="54">TX</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase II—uncapped)</FP-1></EXTRACT>
<P>(3) If, in any fiscal year, this calculation results in less than a 10-percent allocation of the qualified OCS revenues (Phase II—uncapped) to any Gulf producing State, we will recalculate the distribution. We will allocate 10 percent of the qualified OCS revenues (Phase II—uncapped) to the affected State and recalculate the other States' shares of the remaining qualified OCS revenues (Phase II—uncapped), omitting from the calculation the State receiving the 10-percent minimum share.
</P>
<P>(c) Based on a specific subset of these distances, we will calculate the qualified OCS revenues (Phase II—capped) to disburse to each Gulf producing State as follows:
</P>
<P>(1) For each Gulf producing State, we will calculate and total, over all applicable leased tracts (Phase II) located in the 181 Area in the Central Planning Area and historical lease sites, the mathematical inverses of the distances between the points on the State's coastline that are closest to the geographic centers of the applicable leased tracts (Phase II) located in the 181 Area in the Central Planning Area and historical lease sites, and the geographic centers of the applicable leased tracts (Phase II) located in the 181 Area in the Central Planning Area and historical lease sites.
</P>
<P>(2) For each Gulf producing State, we will divide the sum of each State's inverse distances from all applicable leased tracts (Phase II) located in the 181 Area in the Central Planning Area and historical lease sites calculated under paragraph (1), by the sum of the inverse distances from all applicable leased tracts (Phase II) located in the 181 Area in the Central Planning Area and historical lease sites across all four Gulf producing States. In the formulas below, <I>I</I><E T="54">AL</E>, <I>I</I><E T="54">LA</E>, <I>I</I><E T="54">MS</E>, and <I>I</I><E T="54">TX</E> represent the sum of the inverses of the shortest distances between Alabama, Louisiana, Mississippi, and Texas and all applicable leased tracts (Phase II) and historical lease sites, respectively. We will multiply the result by the amount of shareable, qualified OCS revenues (Phase II—capped).
</P>
<EXTRACT>
<FP-1>Alabama Share = (<I>I</I><E T="54">AL</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase II—capped)
</FP-1>
<FP-1>Louisiana Share = (<I>I</I><E T="54">LA</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase II—capped)
</FP-1>
<FP-1>Mississippi Share = (<I>I</I><E T="54">MS</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase II—capped)
</FP-1>
<FP-1>Texas Share = (<I>I</I><E T="54">TX</E> ÷ (<I>I</I><E T="54">AL</E> + <I>I</I><E T="54">LA</E> + <I>I</I><E T="54">MS</E> + <I>I</I><E T="54">TX</E>)) × qualified OCS revenues (Phase II—capped)</FP-1></EXTRACT>
<P>(3) If, in any fiscal year, this calculation results in less than a 10-percent allocation of the qualified OCS revenues (Phase II—capped) to any Gulf producing State, we will recalculate the distribution. We will allocate 10 percent of the qualified OCS revenues (Phase II—capped) to the affected State and recalculate the other States' shares of the remaining qualified OCS revenues (Phase II—capped), omitting from the calculation the State receiving the 10-percent minimum share.


</P>
</DIV8>


<DIV8 N="§ 1219.514" NODE="30:3.0.2.19.13.4.5.5" TYPE="SECTION">
<HEAD>§ 1219.514   How will ONRR allocate the qualified OCS revenues (Phase II) to coastal political subdivisions within the Gulf producing States?</HEAD>
<P>(a) Of the qualified OCS revenues (Phase II) allocated to a Gulf producing State's CPSs, ONRR will allocate 25 percent based on the proportion that each CPS's population bears to the population of all CPSs in the State.
</P>
<P>(b) Of the qualified OCS revenues (Phase II) allocated to a Gulf producing State's CPSs, we will allocate 25 percent based on the proportion that each CPS's miles of coastline bears to the total miles of coastline across all CPSs in the State. However, for the State of Louisiana, we will deem CPSs without a coastline to each have a coastline one-third the average length of the coastline of all CPSs within Louisiana that have a coastline.
</P>
<P>(c)(1) Of the qualified OCS revenues (Phase II) allocated to a Gulf producing State's CPSs, we will allocate 50 percent in amounts that are inversely proportional to the respective distances between:
</P>
<P>(i) The point in each CPS that is closest to the geographic center of the applicable leased tract (Phase II) or historical lease site; and
</P>
<P>(ii) The geographic center of each applicable leased tract (Phase II) or historical lease site.
</P>
<P>(2) However, we will exclude distances to an applicable leased tract (Phase II) from this calculation if any portion of the tract is located in a geographic area that was subject to a leasing moratorium on January 1, 2005, unless the leased tract was in production on that date.


</P>
</DIV8>


<DIV8 N="§ 1219.515" NODE="30:3.0.2.19.13.4.5.6" TYPE="SECTION">
<HEAD>§ 1219.515   How will ONRR update the group of “historical lease sites” and “applicable leased tracts (Phase II)” used for determining the allocation of shared revenues?</HEAD>
<P>(a) As GOMESA directs, ONRR will update the group of historical lease sites in the 2002-2007 Planning Area as follows:
</P>
<P>(1) On December 31, 2015, we will freeze the group of historical lease sites, subject to the adjustment under paragraph (a)(2) of this section.
</P>
<P>(2) Beginning January 1, 2022, and every fifth year thereafter, we will extend the ending date for determining the group of historical lease sites for an additional five calendar years by adding any new historical lease sites to the existing group.
</P>
<P>(b) Each year we will update the group of applicable leased tracts (Phase II) to include only leases that were in effect at any time during the previous fiscal year.


</P>
</DIV8>


<DIV8 N="§ 1219.516" NODE="30:3.0.2.19.13.4.5.7" TYPE="SECTION">
<HEAD>§ 1219.516   When will ONRR disburse funds to Gulf producing States and coastal political subdivisions?</HEAD>
<P>ONRR will disburse GOMESA revenues as soon as authorized and practicable within the fiscal year following the year that we collect qualified OCS revenues (Phase II).


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="1220" NODE="30:3.0.2.19.14" TYPE="PART">
<HEAD>PART 1220—ACCOUNTING PROCEDURES FOR DETERMINING NET PROFIT SHARE PAYMENT FOR OUTER CONTINENTAL SHELF OIL AND GAS LEASES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Sec. 205, Pub. L. 95-372, 92 Stat. 643 (43 U.S.C. 1337).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>45 FR 36800, May 30, 1980, unless otherwise noted. Redesignated at 48 FR 1182, Jan. 11, 1983, and further redesignated at 48 FR 35642, Aug. 5, 1983, 75 FR 61087, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV8 N="§ 1220.001" NODE="30:3.0.2.19.14.0.5.1" TYPE="SECTION">
<HEAD>§ 1220.001   Purpose and scope.</HEAD>
<P>(a) This part 1220 establishes accounting procedures for determining the net profit share base and calculating net profit share payments due the United States for the production of oil and gas from OCS leases. 
</P>
<P>(b) The procedures established by this part 1220 apply to any OCS lease issued by the Department of the Interior under any bidding system established by § 1260.110(a) of this title which has a net profit share component.
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 46 FR 29689, June 2, 1981. Redesignated at 48 FR 1182, Jan. 11, 1983. Amended at 48 FR 35642, Aug. 5, 1983]


</CITA>
</DIV8>


<DIV8 N="§ 1220.002" NODE="30:3.0.2.19.14.0.5.2" TYPE="SECTION">
<HEAD>§ 1220.002   Definitions.</HEAD>
<P>For purposes of this part 220: 
</P>
<P><I>Allowance for capital recovery</I> means the amount calculated according to procedures specified in § 1220.020. This amount allows a premium for risk initially undertaken by the lessee and a return on investment made during the capital recovery period. It is provided in lieu of interest on equipment and materiel charged to the NPSL capital account. 
</P>
<P><I>Capital recovery period</I> means the period of time that begins on the date of issuance of the NPSL and ends on the last day of the month during which the sooner of the following occurs: 
</P>
<P>(1) The lessee completes the last well on the first platform specified in the development and production plan originally approved by the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE), with any approved amendments thereto, and installation of wellhead equipment. In the event the last well is dry, then the capital recovery period shall be deemed to have ended with the determination that the last well is non-productive; 
</P>
<P>(2) The balance in the NPSL capital account changes from a debit balance to a credit balance; or 
</P>
<P>(3) The lessee, at his election, chooses to terminate the capital recovery period. A decision to terminate the capital recovery period prior to the events specified in paragraphs (a) (1) and (2) of this definition shall be communicated in writing to the BOEM Director and shall be irrevocable. 
</P>
<P><I>Controllable materiel</I> means materiel which at the time is so classified in the Materiel Classification Manual as most recently recommended by the Council of Petroleum Accountants Societies of North America. 
</P>
<P><I>Cost</I> means an expenditure or an accrual incurred by a lessee in conducting NPSL operations. 
</P>
<P><I>Cost pool</I> means a grouping of costs identified with more than one OCS lease, whether the leases are NPSLs or other types of leases. 
</P>
<P><I>Credit</I> means a payment, rebate, reimbursement to a lessee, or other reduction in cost or increase in revenue attributable to NPSL operations. 
</P>
<P><I>Direct cost</I> means any cost listed in § 1220.011 that benefits only NPSL operations. 
</P>
<P><I>Field employee</I> means an employee below a first level supervisor who is directly employed in the NPSL project area. 
</P>
<P><I>First level supervisor</I> means an employee whose primary function in NPSL operations is the direct supervision of other employees and/or contract labor directly employed on the NPSL project area in a field operating capacity. 
</P>
<P><I>G &amp; G</I> means geological, geophysical, geochemical and other similar investigations carried out on the NPSL tract. 
</P>
<P><I>Joint cost</I> means any cost listed in § 1220.011 that benefits NPSL operations and one or more other operations of the lessee or an outside party. 
</P>
<P><I>Lessee</I> means a person authorized by an OCS lease, or an approved assignment thereof, to develop and produce oil and gas, including all parties holding such authority by or through the lessee, and the person designated to conduct NPSL operations. 
</P>
<P><I>Lessee's cost of allowed employee absence</I> means the lessee's cost of holiday, vacation, sickness, disability benefits, jury duty and other customary excused allowances. 
</P>
<P><I>Materiel</I> means equipment, apparatus, and supplies. 
</P>
<P><I>Net profit share base</I> means the end of the month credit balance in the NPSL capital account determined pursuant to § 1220.021. The net profit share base is the production revenue remaining after subtracting all allowable costs and adding all allowable credits (including production revenue) in accordance with the procedures established by this part 1220. 
</P>
<P><I>Net profit share payment</I> means the portion of the net profit share base payable to the United States. 
</P>
<P><I>Net profit share rate</I> means the percentage share of the net profit share base payable to the United States. The percentage share may be fixed in the notice of OCS lease sale or be the bid variable, depending upon the bidding system used, as established by § 1260.110(a) of this title.
</P>
<P><I>NPSL</I> means a net profit share lease, which is an OCS lease that provides for payment to the United States of a percentage share of the net profits for production of oil and gas from the tract. This percentage share may be fixed in the notice of OCS lease sale or be the bid variable, depending on the bidding system used, as established by § 1260.110(a) of this title.
</P>
<P><I>NPSL operations</I> means all activities subsequent to issuance of the NPSL necessary and proper for the exploration, development, operation, maintenance, and final abandonment of the NPSL property. 
</P>
<P><I>NPSL project area</I> means the NPSL tract, offshore facilities, and shore base facilities. 
</P>
<P><I>NPSL property</I> means the NPSL tract, and materiel and offshore facilities acquired for use in NPSL operations and that are installed and/or used on the NPSL tract. 
</P>
<P><I>NPSL tract</I> means a tract subject to an NPSL. 
</P>
<P><I>OCS lease</I> means a Federal lease for oil and gas issued under the OCSLA. 
</P>
<P><I>OCS lease sale</I> means the DOI proceeding by which leases for certain OCS tracts are offered for sale by competitive bidding and during which bids are received, announced, and recorded. 
</P>
<P><I>Offshore facilities</I> means platform and support systems located offshore that are necessary to conduct NPSL operations, e.g., oil and gas handling facilities, living quarters, offices, shops, cranes, electrical supply equipment and systems, fuel and water storage and piping, heliport, marine docking installations, communication facilities, and navigation aids. 
</P>
<P><I>Outside party</I> means any person who is not a lessee. 
</P>
<P><I>Person</I> means person as defined in part 1260 of this title. 
</P>
<P><I>Personal expenses</I> means travel and other reasonable reimbursable expenses of lessee's employees. 
</P>
<P><I>Production</I> means all oil, gas, or other hydrocarbon products produced, removed, saved, or sold from the NPSL property. Gas and liquids of all kinds are included in production. Production includes the allocated share of production from a unit of which the NPSL is a part. 
</P>
<P><I>Production revenue</I> means the value of all production attributable to an NPSL property, which value is determined in accordance with § 1260.110(b) of this title. 
</P>
<P><I>Railway receiving point</I> or <I>recognized barge terminal</I> means the location that a vendor would use in determining the sale price to the lessee of new materiel to be delivered to the NPSL project area. 
</P>
<P><I>Reliable supply store</I> means a recognized source or common stock point for the particular materiel involved. 
</P>
<P><I>Shore base facilities</I> means onshore facilities necessary for NPSL operations, including: 
</P>
<P>(1) Shore base support facilities, e.g., a receiving and trans-shipment point for materiel, staging area for shuttling personnel to and from the NPSL tract, a communication, scheduling, and dispatching center; and 
</P>
<P>(2) Shore base production facilities, e.g., pumps, separating facilities, gas plants, and tankage for production from the NPSL tract. 
</P>
<P><I>Technical employees</I> means those employees having special and specific engineering, geological or other professional skills, and whose primary function in NPSL operations is the handling and resolution of specific operating conditions and problems for the benefit of NPSL operations. 
</P>
<P><I>Tract</I> means land located on the OCS that is offered for lease through an OCS lease sale and that is identified by a leasing map or an official protraction diagram prepared by DOI. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 46 FR 29689, June 2, 1981. Redesignated and amended at 48 FR 1182, Jan. 11, 1983. Redesignated at 48 FR 35642, Aug. 5, 1983. Amended at 75 FR 61087, Oct. 4, 2010; 78 FR 30206, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1220.003" NODE="30:3.0.2.19.14.0.5.3" TYPE="SECTION">
<HEAD>§ 1220.003   Information collection.</HEAD>
<P>(a) The Office of Management and Budget (OMB) approved the information collection requirements contained in this part under 44 U.S.C. 3501 <I>et seq.</I> The approved OMB control number is identified in 30 CFR 1210.10. The information will be used to determine all allowable direct and allocable joint costs incurred during the term of the lease, appropriate overhead allowances permitted on these costs pursuant to § 1220.012, and allowances for capital recovery calculated pursuant to § 1220.020. The information collection is mandatory in accordance with the Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. 1701 <I>et seq.</I>
</P>
<P>(b) Send comments regarding the burden estimates or any other aspect of this information collection, including suggestions for reducing burden, to the Office of Natural Resources Revenue, Attention: Rules &amp; Regs Team, OMB Control Number 1012-0009, P.O. Box 25165, Denver, CO 80225-0165.
</P>
<CITA TYPE="N">[57 FR 41868, Sept. 14, 1992, as amended at 58 FR 64903, Dec. 10, 1993 75 FR 61087, Oct. 4, 2010; 76 FR 76616, Dec. 8, 2011]


</CITA>
</DIV8>


<DIV8 N="§ 1220.010" NODE="30:3.0.2.19.14.0.5.4" TYPE="SECTION">
<HEAD>§ 1220.010   NPSL capital account.</HEAD>
<P>(a) For each NPSL tract, an NPSL capital account shall be established and maintained by the lessee for NPSL operations. The NPSL capital account shall include debit entries for all allowable direct and allocable joint costs incurred during the term of the lease, appropriate overhead allowances permitted on these costs pursuant to § 1220.012, and allowances for capital recovery calculated pursuant to § 1220.020. The NPSL capital account shall be credited with production revenues attributable to the NPSL and any other credits arising from NPSL activities. 
</P>
<P>(b) The NPSL capital account shall be kept on an accrual basis. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.011" NODE="30:3.0.2.19.14.0.5.5" TYPE="SECTION">
<HEAD>§ 1220.011   Schedule of allowable direct and allocable joint costs and credits.</HEAD>
<P>The costs and credits specified in paragraphs (a) through (p) of this section may be charged direct, or allocated to NPSL operations, as appropriate, in accordance with § 1220.014. 
</P>
<P>(a) <I>Lease rental.</I> The rent paid by the lessee for the NPSL tract is allowable. 
</P>
<P>(b) <I>Labor.</I> (1)(i) Salaries and wages of lessee's field employees, first level supervisors and technical employees employed in the NPSL project area in NPSL operations are allowable if such costs are not charged under paragraph (g) of this section. 
</P>
<P>(ii) Salaries and wages of technical employees within technical branches of the lessee's organization who are either temporarily or permanently assigned to, and directly employed in NPSL operations are allowable provided that such employees work “full time” on some particular aspect of NPSL operations or some specific technical problem. Excluded from this category are employees assigned a role in NPSL operations as a duty collateral with other duties that do not directly benefit NPSL operations. 
</P>
<P>(iii) Salaries and wages of technical employees within technical branches of the lessee's organization who are assigned technical tasks directly related to NPSL operations may be allowable. Costs may be charged to the NPSL if supported by adequate time records showing the nature of the task and the hours spent on that task. 
</P>
<P>(2) Lessee's cost of allowed employee absence paid to employees whose salaries and wages are chargeable to NPSL operations under paragraphs (b)(1) (i) and (ii) of this section are allowable. 
</P>
<P>(3) Expenditures or contributions made pursuant to assessments imposed by governmental authority that are applicable to lessee's costs chargeable to NPSL operations under paragraphs (b)(1) (i) and (ii) and (b)(2) of this section are allowable. 
</P>
<P>(4) Reasonable personal expenses, including allowable relocation costs of employees whose salaries and wages are chargeable to NPSL operations under paragraphs (b)(1) (i) and (ii) of this section and that are paid by the lessee or for which the employees are reimbursed under the lessee's normal practice are allowable except as limited by § 1220.013(g). 
</P>
<P>(i) Allowable relocation costs include: 
</P>
<P>(A) Travel expenses, including transportation, lodging, subsistence, and reasonable incidental expenses of the employee and members of his immediate family and transportation of his household and personal effects to the new location. 
</P>
<P>(B) Other necessary and reasonable expenses normally incident to relocation, such as costs of cancelling an unexpired lease, disconnecting and reinstalling household appliances, and purchases of insurance against damages to or loss of personal property are allowable. Costs of cancelling an unexpired lease shall not exceed three times the monthly rental.
</P>
<P>(C) Closing costs (<I>i.e.</I>, brokerage fees, legal fees, appraisal fees, etc.) for the sale of the employee's actual residence when notified of the transfer are allowable; and
</P>
<P>(D) Continuing costs of ownership of the vacant former actual residence being sold, such as continuing mortgage principal and interest payments, maintenance of building and grounds (exclusive of fixing-up expenses), utilities, taxes, property insurance, etc., after settlement date of lease or date of new permanent residence are allowable. 
</P>
<P>(ii) The combined total of costs listed in paragraphs (b)(4)(i) (C) through (D) of this section shall not exceed 8 percent of the sales price of the property sold. 
</P>
<P>(iii) Section 1220.013(g) specifies employee relocation expenses that are not allowable as a charge to NPSL operations. 
</P>
<P>(5) Lessee's current costs of established plans for employee's group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonds, and other benefit plans of a like nature that are made available to all of lessee's employees on an equitable basis, applicable to lessee's labor cost chargeable to NPSL operations under paragraphs (b)(1) (i) and (ii) and (b)(2) of this section, are allowable. The amount of these charges shall be lessee's actual cost not to exceed 23 percent of the total charges under paragraphs (b)(1) (i) and (ii) and (b)(2) except that the Director may from time to time establish a different maximum percentage. 
</P>
<P>(6) Charges for expenses incurred under paragraphs (b)(2) through (b)(5) of this section may be made to NPSL accounts on a “when and as paid” basis or by a percentage assessment method. If the percentage assessment method is used, it shall be based upon the lessee's actual cost experience expressed as a percentage of costs chargeable under paragraphs (b)(1) (i) and (ii) and (b)(2) of this section. Under either method the lessee's own cost of administering the plans and paying the salaries and benefits defined in this paragraph shall be excluded. In determining actual cost experience of an employee benefit plan, any dividend or refunds received that are applicable to insurance or annuity policies shall be used to reduce the cost of such policies. 
</P>
<P>(c) <I>Materiel.</I> (1) Materiel purchased or furnished by a lessee as NPSL property shall be charged or credited at amounts specified in § 1220.015. The purchase and inventorying of materiel is subject to the conditions and provisions in § 1220.032. 
</P>
<P>(2) Charges to an NPSL account shall be made only for such materiel purchased or furnished as NPSL property as is reasonably practical and consistent with efficient and economical operations. The accumulation of surplus stocks shall be avoided.
</P>
<P>(3) Credit for salvaged or returned materiel shall be made to the NPSL capital account. When the amount originally charged qualifies for the allowance for capital recovery in § 1220.020, the credit shall be calculated pursuant to § 1220.021(a)(3). 
</P>
<P>(d) <I>Transportation.</I> Transportation of employees and materiel necessary for NPSL operations to, from, and within the NPSL project area, are allowable, but subject to the following limitations: 
</P>
<P>(1) If materiel is moved to the NPSL project area, no charge shall be made to NPSL operations for a distance greater than the distance from the nearest reliable supply store, recognized barge terminal, or railway receiving point where like materiel is normally available, unless agreed to by the Office of Natural Resources Revenue (ONRR) Director. 
</P>
<P>(2) If surplus materiel is moved from the NPSL project area, no charge shall be made to NPSL operations for a distance greater than the distance to the nearest reliable supply store, recognized barge terminal, or railway receiving point unless agreed to by the ONRR Director. No charge shall be made to NPSL operations for moving materiel to other properties owned by or under the control of a lessee, unless agreed to by the ONRR Director. 
</P>
<P>(3) In the application of paragraphs (d)(1) and (d)(2) of this section, there shall be no equalization of actual gross trucking costs of $200 or less, excluding accessorial charges. 
</P>
<P>(e) <I>Contract services.</I> Except when excluded by paragraph (f) of this section and/or § 1220.013(c), the cost of services and utilities provided under contract by outside parties to the lessee and which constitute proper and necessary NPSL operations or support for NPSL operations, and rental charges paid to outside parties for the use of equipment used in the NPSL project area in support of NPSL operations, may be charged to NPSL operations subject to the following conditions and limitations: 
</P>
<P>(1) Contract services (including professional consulting services and contract services of technical personnel) that are entirely performed in the NPSL project area and benefit exclusively NPSL operations may be charged at the rates specified in the contract. 
</P>
<P>(2) Contract services (including professional consulting services and contract services of technical personnel) that are entirely performed in the NPSL project area and benefit the NPSL operations and operations on other tracts must be allocated among all tracts benefited and only that portion representing services benefiting the NPSL tract charged to NPSL operations. 
</P>
<P>(3) Contract services (including professional consulting services and contract services of technical personnel) that are performed at sites outside the NPSL project area may be charged to NPSL operations only if: 
</P>
<P>(i) The contracted services charged to the NPSL operations benefit only the NPSL tract or support NPSL operations; 
</P>
<P>(ii) The contract under which such services are provided deals exclusively with services benefiting the NPSL tract or NPSL operations, or the costs of the contract services which are applicable to the NPSL tract or NPSL operations are separately and specifically identified in the contract; and 
</P>
<P>(iii) Services specified in the contract relate to the resolution of specific technical problems confronting NPSL operations, or specific engineering design problems related to equipment or facilities required for NPSL operations. 
</P>
<P>(4) The cost of any contract service related to research and development is specifically excluded, as are contract services calling for feasibility studies not directly related to specific engineering design problems or alternatives for equipment and facilities required by NPSL operations. 
</P>
<P>(f) <I>Legal expenses.</I> Expense of handling, investigating and settling litigation or claims, discharging of liens, payments of judgments and amounts paid for settlement of claims incurred in or resulting from NPSL operations, or necessary to protect or recover the NPSL property are allowable, except those costs listed in § 1220.013(f) as unallowable. This includes the salaries and wages of lessee's legal staff and the expense of outside attorneys who are assigned to matters described in this paragraph if supported by adequate time records showing the nature of the matter, its direct relationship to NPSL operations, and the hours spent on the matter. 
</P>
<P>(g) <I>Rental of equipment and facilities furnished by lessee.</I> (1)(i) The NPSL capital account shall be charged for the use of equipment and facilities owned by a lessee that are proper and necessary for NPSL operations, including shore base and offshore facilities and pipelines from the tract to shore base production facilities, and that are not NPSL property. Rental charges shall be made at rates based upon actual costs of acquisition, construction, and operation. Such rates may include labor, the cost of setting up and dismantling equipment, maintenance, repairs, other operating expenses, insurance, taxes, depreciation (calculated using a method consistent with generally accepted accounting principles, consistently applied) and a return on the remaining undepreciated basis not to exceed 8 percent per year, except that the ONRR Director may from time to time establish a different maximum percentage. Any cost of acquiring real property in excess of that reasonably required to support the facilities furnished for NPSL operations shall not be included in the costs used to establish these rates. Rates charged shall not exceed average commercial rates for equipment and facilities of similar nature and capability currently prevailing in the vicinity of the NPSL project area. 
</P>
<P>(ii) The term <I>“equipment and facilities”</I> is used in the broad sense to include equipment that may be mobile or semimobile and also installations that may be semipermanent or permanent in nature. Such equipment and facilities listed below shall be charged on the basis indicated.
</P>
<DIV width="100%"><DIV class="gpotbl_div"><TABLE border="1" cellpadding="1" cellspacing="1" class="gpotbl_table" frame="void" width="100%"><TR><TH class="gpotbl_colhed" scope="col">Equipment/facilities
</TH><TH class="gpotbl_colhed" scope="col">Basis of charge
</TH></TR><TR><TD align="left" class="gpotbl_cell" scope="row">A. Mobile equipment:
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Aircraft</TD><TD align="left" class="gpotbl_cell">Hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Automobiles</TD><TD align="left" class="gpotbl_cell">Mile or hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Trucks</TD><TD align="left" class="gpotbl_cell">Mile or hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Tractors</TD><TD align="left" class="gpotbl_cell">Hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Bulldozers</TD><TD align="left" class="gpotbl_cell">Hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Mobile cranes</TD><TD align="left" class="gpotbl_cell">Hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Trailer-mounted test separators</TD><TD align="left" class="gpotbl_cell">Hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Truck-mounted cement mixers</TD><TD align="left" class="gpotbl_cell">Hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Boats</TD><TD align="left" class="gpotbl_cell">Day or hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">House trailers</TD><TD align="left" class="gpotbl_cell">Day.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">B. Semimobile equipment:
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Drill rigs</TD><TD align="left" class="gpotbl_cell">Foot or day.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Workover rigs</TD><TD align="left" class="gpotbl_cell">Hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Pulling units</TD><TD align="left" class="gpotbl_cell">Hour.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Derricks</TD><TD align="left" class="gpotbl_cell">Day.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Drilling tender</TD><TD align="left" class="gpotbl_cell">Day.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Barges</TD><TD align="left" class="gpotbl_cell">Day.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">C. Semipermanent installations:
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Skid-mounted separators</TD><TD align="left" class="gpotbl_cell">Day or volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Skid-mounted compressors</TD><TD align="left" class="gpotbl_cell">Day or volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">D. Permanent installations:
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Compressor stations</TD><TD align="left" class="gpotbl_cell">Volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Saltwater disposal wells</TD><TD align="left" class="gpotbl_cell">Volume or wells.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Source water wells and supply systems</TD><TD align="left" class="gpotbl_cell">Volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Roads</TD><TD align="left" class="gpotbl_cell">Wells.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Production/drilling platform</TD><TD align="left" class="gpotbl_cell">Volume or wells.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Canals</TD><TD align="left" class="gpotbl_cell">Wells.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Dock</TD><TD align="left" class="gpotbl_cell">Wells.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Oil storage and loading facilities.</TD><TD align="left" class="gpotbl_cell">Volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Gathering systems and pipeline</TD><TD align="left" class="gpotbl_cell">Volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">ACT systems</TD><TD align="left" class="gpotbl_cell">Volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Laboratory services (excluding research work)</TD><TD align="left" class="gpotbl_cell">Hour or unit.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Shore base production facilities</TD><TD align="left" class="gpotbl_cell">Volume.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Shore base support facilities</TD><TD align="left" class="gpotbl_cell">Wells.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row">E. Miscellaneous:
</TD><TD align="left" class="gpotbl_cell"/></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Drill pipe</TD><TD align="left" class="gpotbl_cell">Foot or day.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Casing setting tools</TD><TD align="left" class="gpotbl_cell">Day.
</TD></TR><TR><TD align="left" class="gpotbl_cell" scope="row" style="padding-left: 2em">Well testing equipment</TD><TD align="left" class="gpotbl_cell">Day.</TD></TR></TABLE></DIV></DIV>
<FP>Equipment and facilities that are not listed shall be charged on a basis consistent with the nature of the use.
</FP>
<P>(2) In lieu of charges in paragraph (g)(1) of this section, the lessee may elect to use average commercial rates prevailing in the vicinity of the NPSL project area less 20 percent. For automotive equipment, the lessee may elect to use rates established by the ONRR Director. For other equipment for which no commercial rate exists, the lessee shall submit the basis for determining such costs to the ONRR Director for approval.
</P>
<P>(h) <I>Damages and losses to NPSL property.</I> All costs necessary for the repair or replacement of NPSL property made necessary because of damages or losses incurred by fire, flood, storm, theft, accident, or other causes not covered by insurance, except those resulting from lessee's negligence or willful misconduct may be charged to the NPSL capital account. Any settlement received from an insurance carrier should be credited to NPSL operations when received.
</P>
<P>(i) <I>Taxes.</I> All taxes, except income taxes, profit share payments, and taxes based upon income, that are assessed or levied upon or in connection with NPSL operations and which have been paid by the lessee are allowable. Allowed taxes shall include, but not be limited to, production, severance, excise, ad valorem, and mineral taxes.
</P>
<P>(j) <I>Insurance.</I> (1) Net premiums paid for insurance required to be carried for NPSL operations are allowable. For NPSL operations in which the lessee may act as self-insurer for Workmen's Compensation and Employer's Liability, the lessee may include the risk under its self-insurance program in providing coverage under State and Federal laws and charge NPSL operations at lessee's cost not to exceed manual rates.
</P>
<P>(2) NPSL operations shall be credited for all reimbursements for costs of damage to NPSL property or personal injury. Reimbursements for damaged NPSL property shall be credited as follows:
</P>
<P>(i) If the damaged NPSL property is replaced or repaired, to the NPSL capital account charged for the cost of replacement or repair; or
</P>
<P>(ii) If the damaged NPSL property is not replaced or repaired, to the NPSL capital account except that if the cost of the property originally qualified for the allowance for capital recovery in § 1220.020, the credit shall be calculated pursuant to § 1220.021(a)(3). 
</P>
<P>(k) <I>Communications.</I> Costs of leasing, acquiring, installing, operating, repairing and maintaining communication systems, including radio, microwave facilities, and computer production controls for the NPSL operations are allowable. If communication facilities systems serving the NPSL tract serve operations and/or facilities outside the NPSL project area, charges to NPSL operations shall be made as provided in paragraph (g) of this section or shall be allocated to NPSL operations in accordance with § 1220.014. 
</P>
<P>(l) <I>Ecological and environmental.</I> Costs incurred in the NPSL project area as a result of statutory regulations for archeological and geophysical surveys relative to identification and protection of cultural resources and other environmental or ecological surveys required by the Bureau of Land Management or other regulatory authority, may be charged to the NPSL capital account. Also, the costs to provide or have available pollution containment and removal equipment, including payments to organizations and/or funds which provide equipment and/or assistance in the event of oil spills or other environmental damage are allowable. The costs of actual control and cleanup of oil spills and resulting responsibilities required by applicable laws and regulations are allowable, except that a charge shall not be allowed for any such costs attributable to the lessee's negligence or willful misconduct. 
</P>
<P>(m) <I>Dry or bottom hole contributions.</I> The costs of dry or bottom hole contributions made to obtain information about the structure or other characteristics of the geology underlying the NPSL tract are allowable. 
</P>
<P>(n) <I>Abandonment costs.</I> Actual costs incurred in the plugging of wells, dismantling of platforms and other facilities and in the restoration of the NPSL project area shall be charged to the NPSL capital account only when incurred (<I>i.e.</I>, not on an accrual basis), except that costs incurred after the cessation of production shall not be charged to the NPSL capital account. Abandonment costs in excess of offsetting revenues shall not form the basis of any claim against the United States. 
</P>
<P>(o) <I>Other costs.</I> Any other costs not covered in paragraphs (a)-(n) of this section and not disallowed by § 1220.013 that are incurred by the lessee in the necessary and proper conduct of NPSL operation and are approved by the ONRR Director, are allowable. Approval of a plan of development and production for the NPSL tract by the BOEM Director shall be considered sufficient approval for these other costs provided they are separately identified in said plan of development and production. Such separate identification shall note the nature of these other costs and may include an estimate of their magnitude. Any cost approvals under this paragraph for which the specific amounts have not been itemized are presumed to be approved provided they fall within the limits for a prudent operator. Approval of costs under this paragraph shall be approval solely for the purposes of determining allowable costs and shall not preclude a subsequent adjustment at audit of the amount of such costs. 
</P>
<P>(p) <I>Other credits.</I> Credit shall be given to the NPSL capital account, depending on when it is incurred, for NPSL property leased or used in non-NPSL operations, for the sale of information derived from test wells and G &amp; G, and for any and all amounts earned or otherwise due lessee as a result of NPSL operations. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980. Redesignated at 48 FR 1182, Jan. 11, 1983, and at 48 FR 35642, Aug. 5, 1983, as amended at 67 FR 19112, Apr. 18, 2002; 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.012" NODE="30:3.0.2.19.14.0.5.6" TYPE="SECTION">
<HEAD>§ 1220.012   Overhead allowance.</HEAD>
<P>(a) During the capital recovery period the overhead allowance shall be calculated on a percentage basis at the rate of 4 percent of allowable direct and allocable joint costs charged to the NPSL capital account, exclusive of costs specified in paragraph (c) of this section. This overhead allowance shall be debited to the NPSL capital account in accordance with § 1220.021(b)(2). 
</P>
<P>(b) For each month after the end of the capital recovery period, an overhead allowance shall be calculated on a percentage basis at the rate of 10 percent of allowable direct and allocable joint costs charged to the NPSL capital account, exclusive of costs specified in paragraph (c) of this section. This overhead allowance shall be debited to the NPSL capital account in accordance with § 1220.021(c)(2). 
</P>
<P>(c) Overhead shall not be charged on the value of: 
</P>
<P>(1) Lease rental (§ 1220.011(a)); 
</P>
<P>(2) Contract services (§ 1220.011(e)); 
</P>
<P>(3) Taxes (§ 1220.011(i)); 
</P>
<P>(4) Re-injected hydrocarbons, originally produced from the NPSL tract, that are charged under § 1220.011(c); and 
</P>
<P>(5) Credits for materiel charged under § 1220.011(c) that are salvaged, returned, or used for the benefit of non-NPSL operations. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.013" NODE="30:3.0.2.19.14.0.5.7" TYPE="SECTION">
<HEAD>§ 1220.013   Unallowable costs.</HEAD>
<P>The following costs shall not be charged as direct or joint costs to NPSL operations: 
</P>
<P>(a) Bonus payments to the United States; 
</P>
<P>(b) Interest (except as permitted under § 1220.011(g)); 
</P>
<P>(c) Depreciation, depletion, amortization, or any other charge for capital recovery for materiel charged to the NPSL capital account under § 1220.011(c), except as explicitly provided by the allowance for capital recovery calculated according to § 1220.020; 
</P>
<P>(d) The cost of taking inventory;
</P>
<P>(e) Research and development costs;
</P>
<P>(f) The following legal expenses:
</P>
<P>(1) The costs of litigation against the Federal government;
</P>
<P>(2) Fines or penalties levied by any Federal agency; 
</P>
<P>(3) Settlement of claims or other litigation resulting from the lessee's violation of regulatory requirements or negligence; and 
</P>
<P>(4) The cost of the lessee's legal staff or expense of outside attorneys, except as explicitly allowed under § 1220.011(f); 
</P>
<P>(g) The following employee relocation costs (whether incurred by the employee or the lessee): 
</P>
<P>(1) Loss on the sale of a home; 
</P>
<P>(2) Purchase price of a home in the new location; 
</P>
<P>(3) Payments for employee income taxes incident to reimbursed relocation costs; and 
</P>
<P>(4) Any relocation cost in connection with an employee move that is for the primary benefit of the lessee's non-NPSL operations; 
</P>
<P>(h) The lessee's own cost of administering employee benefit plans; 
</P>
<P>(i) The cost of acquiring or constructing shore base facilities and real property improvements that are charged to NPSL operations on a rental basis under § 1220.011(g); 
</P>
<P>(j) Rentals on any facilities, the investment costs of which have been charged either directly or as allocable joint costs, to the NPSL capital account; and
</P>
<P>(k) Pre-NPSL expenditures.
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.014" NODE="30:3.0.2.19.14.0.5.8" TYPE="SECTION">
<HEAD>§ 1220.014   Allocation of joint costs and credits.</HEAD>
<P>(a) Joint costs shall be grouped in cost pools for allocation to NPSL and non-NPSL operations in reasonable proportion to the beneficial or causal relationships which exist between a specific cost pool and the operations. That portion of a joint cost pool that may be allocated to NPSL operations is called an allocable joint cost. 
</P>
<P>(b) The following allocation principles apply in allocating joint costs: 
</P>
<P>(1) <I>G &amp; G.</I> G &amp; G shall be allocated on a line mile per tract basis. 
</P>
<P>(2) <I>Wages and salaries.</I> Wages and salaries that are not charged as direct on the basis of time spent on a particular job shall be allocated on a reasonable and equitable basis. 
</P>
<P>(3) <I>Compensated personal absence, payroll taxes and personal expenses.</I> These items shall be allocated on the same basis as wages and salaries. 
</P>
<P>(4) <I>Transportation costs.</I> Transportation costs for employees that are not charged direct shall be allocated on the same basis as their wages and salaries. 
</P>
<P>(c) Joint credits shall be allocated in the same manner as joint costs. 
</P>
<P>(d) When the NPSL is made a part of a unit, the allowed costs shall be charged to the NPSL capital account on the basis specified in the unit operating agreement as approved by the BSEE Director. Revenues and other credits shall be made to the NPSL accounts on the same basis as specified in the approved operating agreement. Joint costs of an NPSL and a non-NPSL tract that are adjacent to one another and are on the same structure shall be allocated on a basis approved by the BSEE Director. 


</P>
</DIV8>


<DIV8 N="§ 1220.015" NODE="30:3.0.2.19.14.0.5.9" TYPE="SECTION">
<HEAD>§ 1220.015   Pricing of materiel purchases, transfers, and dispositions.</HEAD>
<P>(a)(1) <I>Purchased materiel.</I> Except as provided in paragraph (a)(2)(i) of this section, materiel purchased for use in NPSL operations shall be charged to NPSL operations at the price paid, after deduction of any discounts received. Should any purchased materiel be defective or returned to a vendor for other reasons, the credit shall be allocated to NPSL operations when received by the lessee in accordance with § 1220.011(c)(3). 
</P>
<P>(2) <I>Transferred and disposal materiel.</I> An item of materiel, which is acquired by the lessee for use in NPSL operations by means other than purchase or disposed of by any means, shall be priced according to this subparagraph: 
</P>
<P>(i) <I>Condition A (new) materiel.</I> (A) Tubular goods, except line pipe, shall be priced at the current market price in effect on date of movement on a minimum carload or barge load weight basis, regardless of quantity transferred, equalized to the lowest published price “free on board” (f.o.b.) railway receiving point or recognized barge terminal nearest the NPSL tract where such materiel is normally available. 
</P>
<P>(B) <I>Line pipe.</I> (<I>1</I>) Movement of less than 30,000 pounds shall be priced at the current price in effect at date of movement, as listed by a reliable supply store nearest the NPSL tract where such materiel is normally available. 
</P>
<P>(<I>2</I>) Movement of 30,000 pounds or more shall be priced under the provisions for tubular goods pricing in paragraph (a)(2)(i)(A) of this section. 
</P>
<P>(C) Other materiel shall be priced at the current price in effect at date of movement, as listed by a reliable supply store or f.o.b. railway receiving point nearest the NPSL tract where such materiel is normally available. 
</P>
<P>(ii) <I>Condition B (good used) materiel.</I> Materiel in sound and serviceable condition and suitable for reuse without reconditioning: 
</P>
<P>(A) Materiel transferred to the NPSL project area shall be priced at 75 percent of current Condition A price. 
</P>
<P>(B) Materiel transferred from the NPSL project area shall be priced: 
</P>
<P>(<I>1</I>) At 75 percent of current Condition A price, if the materiel was originally charged to NPSL operations as Condition A materiel, or 
</P>
<P>(<I>2</I>) At 65 percent of current Condition A price, if the materiel was originally charged to NPSL operations as Condition B materiel at 75 percent of current Condition A price. 
</P>
<P>(iii) <I>Conditions C and D (other used) materiel</I>—(A) <I>Condition C.</I> Materiel that is not in sound and serviceable condition and not suitable for its original function until after reconditioning shall be priced at 50 percent of current Condition A price. 
</P>
<P>(B) <I>Condition D.</I> Materiel no longer suitable for its original purposes but suitable for some other purpose shall be priced on a basis commensurate with its use and comparable with that of materiel normally used for such other purpose. If the materiel has no alternative use it should be priced at prevailing prices as scrap. 
</P>
<P>(iv) <I>Obsolete materiel.</I> Materiel that is serviceable and usable for its original function and has a value less than Condition A, B, or C materiel may be valued at a price agreed to by the Director. Such price should be the equivalent of the value of the service rendered by such materiel. 
</P>
<P>(b) <I>Pricing conditions.</I> (1) Loading and unloading costs shall be charged at a rate of 15 cents per hundred weight, or such other rate as may be set by the ONRR Director, on all tubular goods movements, in lieu of loading/unloading costs sustained, when the actual hauling costs of such tubular goods is equalized under provisions of § 1220.011(d). 
</P>
<P>(2) Materiel involving erection costs shall be charged at the applicable percentage of the current knocked-down price of new materiel. 
</P>
<P>(c) When materiel subject to paragraphs (a)(2) (ii) and (iii) of this section is transferred, the cost of reconditioning shall be borne by the receiving party. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.020" NODE="30:3.0.2.19.14.0.5.10" TYPE="SECTION">
<HEAD>§ 1220.020   Calculation of the allowance for capital recovery.</HEAD>
<P>(a) For purposes of this section, the cost base for the allowance for capital recovery in a particular month shall consist of the sum of: 
</P>
<P>(1) All allowable direct and allocable joint costs chargeable to the NPSL capital account during the month less any costs specified in § 1220.012(c); plus 
</P>
<P>(2) The value of contract services chargeable to the NPSL capital account during the month pursuant to § 1220.011(e); plus 
</P>
<P>(3) The capital recovery period overhead allowance, calculated in accordance with § 1220.012(a), that is chargeable to the NPSL capital account for the month; less 
</P>
<P>(4) Production revenues and other credits received during the month. 
</P>
<P>(b) If the cost base for a month is greater than zero (that is, if the sum of the charges specified in paragraphs (a) (1) through (3) of this section exceeds the value of production revenues and other credits), the allowance for capital recovery shall be calculated by multiplying the cost base by the capital recovery factor, and shall be debited to the NPSL capital account as specified in § 1220.021(b). 
</P>
<P>(c) If the cost base for a month is less than zero, the allowance for capital recovery for the NPSL capital account shall be calculated by multiplying the resulting negative cost base by the capital recovery factor. The negative product of this calculation shall be debited to the NPSL capital account as specified in § 1220.021(b). 
</P>
<P>(d) No allowance for capital recovery shall be calculated on the charges or credits related to any time period after the end of the capital recovery period. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.021" NODE="30:3.0.2.19.14.0.5.11" TYPE="SECTION">
<HEAD>§ 1220.021   Determination of net profit share base.</HEAD>
<P>(a) During each month of the lease term, the NPSL capital account shall be: 
</P>
<P>(1) Debited with allowable direct and allocable joint costs; 
</P>
<P>(2) Credited with an amount reflecting the production revenues for the month, calculated in accordance with § 1260.110(b) of this title.
</P>
<P>(3) Credited with amounts properly credited back to the NPSL capital account as specified in § 1220.011(p). Credits associated with charges to the NPSL capital account during the capital recovery period, however, shall first be increased by the value of the credit multiplied by the recovery factor, before crediting that sum to the NPSL capital account. 
</P>
<P>(b) At the end of each month of the lease term during the capital recovery period: 
</P>
<P>(1) The transactions specified in paragraph (a) of this section shall be made to the NPSL capital account. 
</P>
<P>(2) The capital recovery period overhead allowance shall be calculated in accordance with § 1220.012(a) and debited to the NPSL capital account. 
</P>
<P>(3) The allowance for capital recovery shall be calculated in accordance with § 1220.020 and the allowance debited (or the negative allowance debited, as appropriate) to the NPSL capital account. (A debit entry of a negative allowance for capital recovery shall have the same effect as a credit entry of the absolute value of the allowance for capital recovery.) 
</P>
<P>(4) The balance in the NPSL capital account shall be calculated. If, as a result of the accounting transactions described in paragraphs (b) (1) through (3) of this section, there is a credit balance in the NPSL capital account, the capital recovery period will be considered terminated as of this month. The credit balance will be forwarded to the next month, which will be the first month for which a profit share payment is due. 
</P>
<P>(c) At the end of each month of the lease term following the end of the capital recovery period: 
</P>
<P>(1) The transaction specified in paragraph (a) of this section shall be made to the NPSL capital account. 
</P>
<P>(2) An overhead allowance shall be calculated in accordance with § 1220.012(b) and debited to the NPSL capital account. 
</P>
<P>(3) The balance in the NPSL capital account shall be calculated. 
</P>
<P>(d) If, as a result of the accounting transactions described in paragraph (c) of this section, there is a credit balance in the NPSL capital account, this credit balance is the net profit share base for that month. The opening debit and credit balances in the NPSL capital account for any month following a month in which there is a credit balance in the NPSL capital account (except as provided in paragraph (b)(4)) of this section shall be zero. 
</P>
<P>(e) If, as a result of the accounting transactions described in paragraph (b) or (c) of this section, there is a debit balance in the NPSL capital account, this debit balance shall be the opening debit balance in the NPSL capital account for the following month. 
</P>
<P>(f) Any credit balance in the NPSL capital account shall become the net profit share base as described in this section. Any debit balance in the NPSL capital account shall be maintained only insofar as necessary for the determination of profit share payments. Such debit balance shall not represent a claim against the United States. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980. Redesignated at 48 FR 1182, Jan. 11, 1983, and at 48 FR 35642, Aug. 5, 1983, and amended at 55 FR 1210, Jan. 12, 1990; 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.022" NODE="30:3.0.2.19.14.0.5.12" TYPE="SECTION">
<HEAD>§ 1220.022   Calculation of net profit share payment.</HEAD>
<P>The net profit share payment shall be calculated by multiplying the net profit share base calculated in accordance with § 1220.021 by the net profit share rate. The net profit share payment shall be paid to the United States in accordance with § 1220.031. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.030" NODE="30:3.0.2.19.14.0.5.13" TYPE="SECTION">
<HEAD>§ 1220.030   Maintenance of records.</HEAD>
<P>(a) Each lessee subject to this part 1220 shall establish and maintain such records as are necessary to determine for each NPSL: 
</P>
<P>(1) The volume and disposition of all oil and gas production saved, removed or sold for each month; 
</P>
<P>(2) The value of all oil and gas production saved, removed or sold for each month; 
</P>
<P>(3) The amount and description of costs and credits to the NPSL capital account; 
</P>
<P>(4) The amount and description of all costs of acquisition, construction, and operation of equipment and facilities furnished by the lessee and charged to the NPSL capital account under § 1220.011(g). Such records shall include worksheets or other documents that indicate the method used to calculate the amount of each charge made under § 1220.011(g); 
</P>
<P>(5) The cumulative balance of costs and credits to the NPSL capital account; and 
</P>
<P>(6) The inventory of materiel. 
</P>
<P>(b) The ledger cards showing the charges and credits to the NPSL capital account shall be maintained until thirty-six months after the cessation of NPSL operations by the lessee. All other documents, journals and records shall be maintained for thirty-six months from the due date or date of mailing of the statement of account on an NPSL, whichever comes later, except that nothing in these regulations shall limit the time of investigation or the need to produce records when prima facie evidence of fraud or willful misconduct is obtained with respect to the government's interest in the NPSL. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.031" NODE="30:3.0.2.19.14.0.5.14" TYPE="SECTION">
<HEAD>§ 1220.031   Reporting and payment requirements.</HEAD>
<P>(a) Each lessee subject to this part shall file an annual report during the period from issuance of the NPSL until the first month in which production revenues are credited to the NPSL capital account. Such report shall list the costs incurred, including allowances applied, credits received, and the balance of the NPSL capital account. Not later than 60 days after the end of the first month in which production revenues are credited to the NPSL capital account, a final report relating to the period shall be filed. 
</P>
<P>(b) Beginning with the first month in which production revenues are credited to the NPSL capital account, each lessee subject to this part 1220 shall file a report for each NPSL, not later than 60 days following the end of each month, containing the following information for the month for which the report is filed: 
</P>
<P>(1) The volume and disposition of all oil and gas production saved, removed or sold; 
</P>
<P>(2) The production revenue; 
</P>
<P>(3) The amount and description of all costs and credits to the NPSL capital account; 
</P>
<P>(4) The balance of the NPSL capital account; and 
</P>
<P>(5) The net profit share base and net profit share payment due the United States and the monthly profit share of the lessee. 
</P>
<P>(c) Each lessee subject to this part 1220 shall submit, together with the report required by paragraph (b) of this section, any net profit share payment due the United States for the period covered by the report. 
</P>
<P>(d) Each lessee subject to this part 1220 shall file a report not later than 90 days after each inventory is taken, reporting the controllable materiel on hand, acquired, transferred or used. 
</P>
<P>(e) Each lessee subject to this part 1220 shall file a final report, not later than 60 days following the cessation of production, together with the appropriate net profit share payment, indicating the remaining balance and costs and credits to the NPSL capital account for the period. 
</P>
<P>(f) Reports required by this section shall be filed with the ONRR Director, either separately or as part of the reports that are currently filed. 
</P>
<P>(g) Interest shall be calculated at the prevailing rate or rates as published in the Bulletin to the Department of the Treasury Fiscal Requirement Manual, in effect for the period or periods over which the net profit share payment is owed, compounded monthly, on the amount of a net profit share payment, from the due date (60 days following the end of each month for which the payment was due) of a net profit share payment until such payment is received by the United States. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.032" NODE="30:3.0.2.19.14.0.5.15" TYPE="SECTION">
<HEAD>§ 1220.032   Inventories.</HEAD>
<P>(a) The lessee is responsible for NPSL materiel and shall make proper and timely cost and credit notations for all materiel movements affecting NPSL property. The lessee shall provide only such materiel as may be required for immediate use or is consistent with practical, efficient, and economical operations. The accumulation of surplus stocks shall be avoided by proper materiel control, inventory and purchasing. The lessee shall make timely disposition of idle and surplus materiel through sale. 
</P>
<P>(b) At reasonable intervals, but at least once every three years, inventories of controllable materiel shall be taken by the lessee. Written notice of intention to take inventory shall be given by the lessee at least 30 days before any inventory is to be taken so that the BOEM Director may be represented at the taking of inventory. Failure of the BOEM Director to be represented at an inventory shall bind the BOEM Director to accept the inventory taken by the lessee, except in the case of willful misrepresentation or fraud. 
</P>
<P>(c) Inventory shall be valued with any generally accepted accounting method used by the lessee to value the same materiel for financial or income tax reporting purposes, provided that the method is consistently applied throughout the life of the materiel. 
</P>
<P>(d) Reconciliation shall be made of a physical inventory with the NPSL capital account by the lessee, and a list of overages and shortages shall be available to the BOEM Director for audit as provided in § 1220.033. Inventory adjustments of controllable materiel shall be made by the lessee to the NPSL capital account for overages and shortages. Controllable materiel removed from physical inventory that has not been credited to NPSL operations under § 1220.015(a)(2) shall be credited to NPSL operations at its original value, except that when the cost of the materiel originally qualified for the allowance for capital recovery in § 1220.020, the credit shall be calculated pursuant to § 1220.021(a)(3). 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1220.033" NODE="30:3.0.2.19.14.0.5.16" TYPE="SECTION">
<HEAD>§ 1220.033   Audits.</HEAD>
<P>(a) The accounts of an NPSL lessee or of a contractor of the lessee which are related to NPSL operations shall be subject to audit by DOI or its appointed agent. Where possible, the auditor for DOI shall coordinate audit efforts with other nonoperators, if any. DOI shall have the right to initiate an audit any time within thirty-six months of the due date of the monthly statement that is to be audited or the date that the statement was mailed, whichever is later, provided, however, that audits may not be conducted any more frequently than once every year except upon a showing of fraud or willful misrepresentation. 
</P>
<P>(b)(1) When nonoperators of an NPSL lease call an audit in accordance with the terms of their operating agreement, the ONRR Director shall be notified of the audit call in the same manner as the operator is notified. DOI may elect to send an auditor with the audit team specified by the nonoperators in lieu of calling for a separate audit by DOI. 
</P>
<P>(2) If DOI determines to call for an audit, DOI shall notify the lessee of its audit call and set a time and place for the audit. Such a notice shall be sent at least thirty days before the suggested time for the audit to allow the nonoperators to join in DOI's audit in lieu of calling for their own audit. The place for the audit will normally be the place where the lessee maintains its records pertaining to the NPSL lease. The lessee shall send copies of the notice to the nonoperators on the lease. The lessee shall use reasonable effort to notify all nonoperators, but failure to include one or more nonoperators in the notification shall not void the notice. 
</P>
<P>(3) When DOI calls for an audit, DOI may suggest the date and time when the audit may commence. The estimated duration of the audit may be mentioned to the lessee as well as to the other nonoperators who may elect to supply and auditor for their own audit purposes. The lessee's office where the audit will be held may be named or, if not known, inquired about. If a visit to a field plant or field office is contemplated by the government auditor, such a field trip may be mentioned. If DOI expresses a desire to review a period on which the thirty-six month time limitation has expired, it is the lessee's prerogative to allow the review or to request that DOI adhere to the time limitation specified in these regulations. 
</P>
<P>(c)(1) Exceptions to the accounting by the lessee, whether in favor of the government or the lessee, shall be noted in a report to the lessee. The lessee shall have 60 days from the mailing of a notice of exceptions to agree to the adjustments proposed by the DOI auditor or to object to the proposed adjustments. If the lessee accepts the proposed adjustments, the adjustment shall be booked in the month in which the lessee agrees to the adjustment, except where such adjustment would have resulted in a change in any net profit share payment due the United States. In such a case, there shall be a redetermination of the NPSL capital account pursuant to § 1220.034. 
</P>
<P>(2) If the lessee disagrees with the adjustment, the lessee shall have the right to appeal the adjustment to the ONRR Director. 
</P>
<P>(d) Upon receipt of an agreement by the government auditor that there are no required audit adjustments, upon final determination with respect to any audit adjustment proposed by the government auditor, or upon the lapse of thirty-six months from the due date or date of mailing of the statement of account on an NPSL lease, whichever comes later, the books shall be closed for audit adjustment purposes, except upon a showing of fraud or willful misrepresentation. 
</P>
<P>(e) ONRR or its authorized agent may require you to provide records for the audit by one or more of the methods specified in 30 CFR 1217.10. 
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010; 88 FR 53793, Aug. 9, 2023]


</CITA>
</DIV8>


<DIV8 N="§ 1220.034" NODE="30:3.0.2.19.14.0.5.17" TYPE="SECTION">
<HEAD>§ 1220.034   Redetermination and appeals.</HEAD>
<P>(a) If, as a result of an inspection of records or an audit under § 1220.033, the ONRR Director determines that there is an error in the NPSL capital account or an error in calculating the net profit share payment, whether in favor of the government or the lessee, the ONRR Director shall redetermine the net profit share base and recalculate the net profit share payment due the United States and notify the lessee of the recalculation. 
</P>
<P>(b) The lessee shall pay any additional amount of net profit share payment owed plus interest, compounded monthly, from the date that the payment was due until the date it is actually paid. Interest shall be calculated at the prevailing rate or rates as published in the Bulletin to the Department of the Treasury Fiscal Requirements Manual, in effect for the period or periods over which the payment is owed. 
</P>
<P>(c) If the recalculated profit share payment is less than the amount paid the United States, the lessee shall apply such overpayment to the next profit share payment. 
</P>
<P>(d) Within 30 days after receiving notice of the recalculation as provided in paragraph (a) of this section, the lessee may appeal the decision of the ONRR Director in accordance with the appeals provision of 30 CFR part 1290.
</P>
<CITA TYPE="N">[45 FR 36800, May 30, 1980, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="1227" NODE="30:3.0.2.19.15" TYPE="PART">
<HEAD>PART 1227—DELEGATION TO STATES 
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1735; 30 U.S.C. 196; Pub L. 102-154. 
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>62 FR 43084, Aug. 12, 1997, unless otherwise noted. Redesignated at 75 FR 61087, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV7 N="5" NODE="30:3.0.2.19.15.0.5" TYPE="SUBJGRP">
<HEAD>Delegation of ONRR Royalty Functions</HEAD>


<DIV8 N="§ 1227.1" NODE="30:3.0.2.19.15.0.5.1" TYPE="SECTION">
<HEAD>§ 1227.1   What is the purpose of this part?</HEAD>
<P>This part provides procedures to delegate Federal royalty management functions to States under section 205 of the Federal Oil and Gas Royalty Management Act of 1982 (the Act), 30 U.S.C. 1735, as amended by the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996, Pub. L. 104-185, August 13, 1996, as corrected by Pub. L. 104-200. This part also provides procedures to delegate only audit and investigation functions to States under Pub. L. 102-154 for solid mineral leases, geothermal leases and leases subject to section 8(g) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1337(g). This part does not apply to any inspection or enforcement responsibilities of the Bureau of Land Management for onshore leases or the ONRR Offshore Minerals Management program for leases on the Outer Continental Shelf. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.10" NODE="30:3.0.2.19.15.0.5.2" TYPE="SECTION">
<HEAD>§ 1227.10   What is the authority for information collection?</HEAD>
<P>(a) The Office of Management and Budget (OMB) approved the information collection requirements contained in this part under 44 U.S.C. 3501 <I>et seq.</I> The approved OMB control number is identified in 30 CFR 1210.10. We will use the information collected to review and approve delegation proposals from States wishing to perform royalty management functions. 
</P>
<P>(b) The Federal Government will reimburse some costs, as provided by statute, for delegated functions that each state performs. However, states could incur additional start-up costs, such as purchasing equipment necessary to perform a delegated function that may not be reimbursable. The ONRR estimates that each payor or reporter will coordinate their interactions and communications among the several states and with ONRR. Send comments regarding the burden estimates or any other aspect of this information collection, including suggestions for reducing burden, to the Office of Natural Resources Revenue, Attention: Rules &amp; Regs Team, OMB Control Number 1012-0003, P.O. Box 25165, Denver, CO 80225-0165.
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010; 76 FR 76616, Dec. 8, 2011]


</CITA>
</DIV8>


<DIV8 N="§ 1227.101" NODE="30:3.0.2.19.15.0.5.3" TYPE="SECTION">
<HEAD>§ 1227.101   What royalty management functions may ONRR delegate to a State?</HEAD>
<P>(a) If there are oil and gas leases subject to the Act on Federal lands within your State, ONRR may delegate the following royalty management functions for all such Federal oil and gas leases to you under this part:
</P>
<P>(1) Receiving and processing production or royalty reports;
</P>
<P>(2) Correcting erroneous report data; and
</P>
<P>(3) Performing automated verification.
</P>
<P>(b) If there are oil and gas leases subject to the Act on Federal lands within your State, ONRR may delegate the following royalty management functions for some or all of the Federal oil and gas leases to you under this part:
</P>
<P>(1) Conducting audits and investigations; and
</P>
<P>(2) Issuing demands, subpoenas, and orders to perform restructured accounting, including related notices to lessees or their designees, and entering into tolling agreements under section 115(d)(1) of the Act, 30 U.S.C. 1725(d)(1).
</P>
<P>(c) If there are oil and gas leases offshore of your State subject to section 8(g) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1337 (g), or solid mineral leases or geothermal leases on Federal lands within your State, ONRR may delegate authority to conduct audits and investigations for some or all such Federal leases.
</P>
<CITA TYPE="N">[64 FR 36784, July 8, 1999, as amended at 75 FR 61087, Oct. 4, 2010]]


</CITA>
</DIV8>


<DIV8 N="§ 1227.102" NODE="30:3.0.2.19.15.0.5.4" TYPE="SECTION">
<HEAD>§ 1227.102   What royalty management functions will ONRR not delegate?</HEAD>
<P>This section lists the principal royalty management functions that ONRR will not delegate to a State. ONRR will not delegate to a State the following functions: 
</P>
<P>(a) ONRR must collect all moneys received from sales, bonuses, rentals, royalties, civil penalties, assessments and interest. ONRR also must collect any moneys a lessee or its designee pays because of audits or other actions of a delegated State; 
</P>
<P>(b) ONRR must compare all cash and other payments it receives with payments shown on royalty reports or other documents, such as bills, to reconcile payor accounts. ONRR also must disburse all appropriate moneys to States and other revenue recipients, including refunds and interest owed to lessees and their designees; 
</P>
<P>(c) The Department of the Interior will receive, process, and decide all administrative appeals from demands or other orders issued to lessees, their designees, or any other person, including demands or orders a delegated State issues; 
</P>
<P>(d) Only ONRR may take enforcement actions other than issuing demands, subpoenas and orders to perform restructured accounting. ONRR or the appropriate Federal agency will issue notices of non-compliance and civil penalties, collect debts, write off delinquent debts, pursue litigation, enforce subpoenas, and manage any alternative dispute resolution. ONRR will conduct, coordinate and approve any settlement or other compromise of an obligation that a lessee or its designee owes; 
</P>
<P>(e) ONRR will decide all valuation policies, including issuing valuation regulations, determinations, and guidelines, and interpreting valuation regulations; and 
</P>
<P>(f) ONRR may reserve additional authorities and responsibilities not included in paragraphs (a) through (f) of this section. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="6" NODE="30:3.0.2.19.15.0.6" TYPE="SUBJGRP">
<HEAD>Delegation Proposals</HEAD>


<DIV8 N="§ 1227.103" NODE="30:3.0.2.19.15.0.6.5" TYPE="SECTION">
<HEAD>§ 1227.103   What must a State's delegation proposal contain?</HEAD>
<P>If you want ONRR to delegate royalty management functions to you, then you must submit a delegation proposal to the Director for Office of Natural Resources Revenue. ONRR will provide you with technical assistance and information to help you prepare your delegation proposal. Your proposal must contain the following minimum information: 
</P>
<P>(a) The name and title of the State official authorized to submit the delegation proposal and execute the delegation agreement; 
</P>
<P>(b) The name, address, and telephone number of the State contact for the proposal; 
</P>
<P>(c) A copy of the legislation, State Attorney General opinion or other document that: 
</P>
<P>(1) States which State entity or entities are responsible for performing delegated functions, and if more than one entity is delegated such responsibility, the position of the highest ranking State official having ultimate authority over the collection of royalties from leases on Federal lands within the State; 
</P>
<P>(2) Demonstrates the State's authority to: 
</P>
<P>(i) Accept a delegation from ONRR; and 
</P>
<P>(ii) Receive State or Federal appropriations to perform delegated functions; 
</P>
<P>(d) The date you propose to begin performing delegated functions; 
</P>
<P>(e) A detailed statement of the delegable functions that you propose to perform. For each function, describe the resources available in your State to perform each function, the procedures you will use to perform each function, and how you will assure that you will meet all Federal laws, lease terms, regulations and relevant performance standards. As evidence that you have or will have the resources to perform each delegable function, provide the following information: 
</P>
<P>(1) A description of the personnel you have available to perform delegated functions, including: 
</P>
<P>(i) How many persons you will assign full-time and part-time to each delegated function; 
</P>
<P>(ii) The technical qualifications of the key personnel you will assign to each function, including academic field and degree, professional credentials, and quality and amount of experience with similar functions; and 
</P>
<P>(iii) Whether these persons are currently State employees. If not, explain how you propose to hire these persons or obtain their services, and when you expect to have those persons available to perform delegated functions; 
</P>
<P>(2) A description of the facilities you will use to perform delegated functions, including: 
</P>
<P>(i) Whether you currently have the facilities in which you will physically locate the personnel and equipment you will need to perform the functions you propose to assume. If not, how you propose to acquire such facilities, and when you expect to have such facilities available; and 
</P>
<P>(ii) How much office space is available; 
</P>
<P>(3) Describe the equipment you will use to perform delegated functions, including: 
</P>
<P>(i) Hardware and software you will use to perform each delegated function, including equipment for: 
</P>
<P>(A) Document processing, including compatibility with ONRR automated systems, electronic commerce capabilities, and data storage capabilities; 
</P>
<P>(B) Accessing reference data; 
</P>
<P>(C) Contacting production or royalty reporters; 
</P>
<P>(D) Issuing demands; 
</P>
<P>(E) Maintaining accounting records; 
</P>
<P>(F) Performing automated verification; 
</P>
<P>(G) Maintaining security of confidential and proprietary information; and 
</P>
<P>(H) Providing data to other Federal agencies; 
</P>
<P>(ii) Whether you currently have the equipment you will need to perform the functions you propose to assume. If not, how you propose to acquire such equipment and when you expect to have such equipment available; 
</P>
<P>(f) Your estimates of the costs to fund the following resources necessary to perform the delegation: 
</P>
<P>(1) Personnel, including hiring, employee salaries and benefits, travel and training; 
</P>
<P>(2) Facilities, including acquisition, upgrades, operation, and maintenance; and 
</P>
<P>(3) Equipment, including acquisition, operation, and maintenance; 
</P>
<P>(g) Your plans to fund the resources under paragraph (f) of this section, including any items you will ask ONRR to fund under the delegation agreement; 
</P>
<P>(h) A statement identifying any areas where State law, including State appropriation law, may limit your ability to perform delegated functions, and an explanation of how you propose to remove any such limitation; 
</P>
<P>(i) A statement that in accordance with section 203 of the Act (30 U.S.C. 1733) persons who have access to information received under delegated functions are subject to the same provisions of law regarding confidentiality and disclosure of that information as Federal employees. Applicable laws include the Freedom of Information Act (FOIA), the Trade Secrets Act, and relevant Executive Orders. In addition, your statement must acknowledge that all documents produced, received, and maintained as part of any delegation functions are agency records for purposes of FOIA. Therefore, persons who have access to information received under delegated functions may not use such information or provide such information to any other person, including State personnel, for purposes other than performing delegated functions. However, this limitation does not apply if the person submitting the information consents in writing to its use for other State purposes. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 67 FR 19112, Apr. 18, 2002; 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.104" NODE="30:3.0.2.19.15.0.6.6" TYPE="SECTION">
<HEAD>§ 1227.104   What will ONRR do when it receives a State's delegation proposal?</HEAD>
<P>When ONRR receives your delegation proposal, it will record the receipt date. ONRR will notify you in writing within 15 business days whether your proposal is complete. If it is not complete, ONRR will identify any missing items § 1227.103 requires. Once you submit all required information, ONRR will notify you of the date your application is complete. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="7" NODE="30:3.0.2.19.15.0.7" TYPE="SUBJGRP">
<HEAD>Hearing Process</HEAD>


<DIV8 N="§ 1227.105" NODE="30:3.0.2.19.15.0.7.7" TYPE="SECTION">
<HEAD>§ 1227.105   What are the hearing procedures?</HEAD>
<P>After ONRR notifies you that your delegation proposal is complete, ONRR will schedule a hearing on your proposal, if ONRR determines a hearing is appropriate, as follows: 
</P>
<P>(a) The ONRR Director will appoint a hearing official to conduct one or more public hearings for fact finding regarding your ability to assume the delegated functions requested. The hearing official will not decide whether to approve your delegation request; 
</P>
<P>(b) The hearing official will contact you about scheduling a hearing date and location; 
</P>
<P>(c) The ONRR will publish notice of the hearing in the <E T="04">Federal Register</E> and other appropriate media within your State; 
</P>
<P>(d) ONRR will publish notice of the proposal in the <E T="04">Federal Register.</E> ONRR will also post the proposal on the ONRR Website, and upon request, ONRR will send a copy of the delegation proposal to the trade associations to distribute to their members, as necessary; 
</P>
<P>(e) At the hearing, you will have an opportunity to present testimony and written information in support of your proposal; 
</P>
<P>(f) Other persons may attend the hearing and may present testimony and written information for the record; 
</P>
<P>(g) ONRR will record the hearing; 
</P>
<P>(h) ONRR will maintain a record of all documents related to the proposal process; 
</P>
<P>(i) After the hearing, ONRR may require you to submit additional information in support of your delegation proposal. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="8" NODE="30:3.0.2.19.15.0.8" TYPE="SUBJGRP">
<HEAD>Delegation Process</HEAD>


<DIV8 N="§ 1227.106" NODE="30:3.0.2.19.15.0.8.8" TYPE="SECTION">
<HEAD>§ 1227.106   What statutory requirements must a State meet to receive a delegation?</HEAD>
<P>The ONRR Director will decide whether to approve your delegation request and will ask the Secretary of the Interior to concur in the decision. That decision is solely within the ONRR Director's and the Secretary's discretion. The ONRR Director's decision, which the Secretary concurs in, is the final decision for the Department of the Interior. The ONRR Director may approve a State's request for delegation only if, based upon the State's delegation proposal and the hearing record, the ONRR Director finds that: 
</P>
<P>(a) It is likely that the State will provide adequate resources to achieve the purposes of the Act; 
</P>
<P>(b) The State has demonstrated that it will effectively and faithfully administer the ONRR regulations under the Act in accordance with subsections (c) and (d) of section 205 of the Act; 
</P>
<P>(c) Such delegation will not create an unreasonable burden on any lessee; 
</P>
<P>(d) The State agrees to adopt standardized reporting procedures ONRR prescribes for royalty and production accounting purposes, unless the State and all affected parties (including ONRR) otherwise agree; 
</P>
<P>(e) The State agrees to follow and adhere to regulations and guidelines ONRR issues under the mineral leasing laws regarding valuation of production; and 
</P>
<P>(f) Where necessary for a State to carry out and enforce a delegated activity, the State agrees to enact such laws and promulgate such regulations as are consistent with relevant Federal laws and regulations. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.107" NODE="30:3.0.2.19.15.0.8.9" TYPE="SECTION">
<HEAD>§ 1227.107   When will the ONRR Director decide whether to approve a State's delegation proposal?</HEAD>
<P>The ONRR Director will decide whether to approve your delegation proposal within 90 days after your delegation proposal is considered complete under § 1227.104. ONRR may extend the 90-day period with your written consent. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.108" NODE="30:3.0.2.19.15.0.8.10" TYPE="SECTION">
<HEAD>§ 1227.108   How will ONRR notify a State of its decision?</HEAD>
<P>ONRR will notify you in writing of its decision on your delegation proposal. If ONRR approves your delegation proposal, then ONRR will hold discussions with you to develop a delegation agreement detailing the functions that you will perform, the standards and requirements you must comply with to perform those functions, and any required transition period. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.109" NODE="30:3.0.2.19.15.0.8.11" TYPE="SECTION">
<HEAD>§ 1227.109   What if the ONRR Director denies a State's delegation proposal?</HEAD>
<P>If the ONRR Director denies your delegation proposal, ONRR will state the reasons for denial. ONRR also will inform you in writing of the conditions you must meet to receive approval. You may submit a new delegation proposal at any time following a denial. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.110" NODE="30:3.0.2.19.15.0.8.12" TYPE="SECTION">
<HEAD>§ 1227.110   When and for how long are delegation agreements effective?</HEAD>
<P>(a) Delegation agreements are effective for 3 years from the date the ONRR Director signs the delegation agreement. However, during the development of the State's delegation proposal under § 1227.108 of this part, ONRR, the delegated State, and any other affected person will determine an appropriate transition period for lessees and their designees to modify their systems to comply with any new requirements under a delegation agreement. ONRR will publish notice of the effective date of a State's delegation agreement in the <E T="04">Federal Register</E> and that notice will inform lessees and their designees of any transition period. ONRR also will post the proposals on the ONRR Website at <I>www.boemre.gov,</I> and upon request, will send a copy of the delegation proposals to trade associations to distribute to their members. 
</P>
<P>(b) You may ask ONRR to renew the delegation for an additional 3 years no less than 6 months before your 3-year delegation agreement expires. You must submit your renewal request to the Director for Office of Natural Resources Revenue as follows: 
</P>
<P>(1) If you do not want to change the terms of your delegation agreement for the renewal period, you need only ask to extend your existing agreement for the 3-year renewal period. ONRR will not schedule a hearing unless you request one; 
</P>
<P>(2) If you want to change the terms of your delegation agreement for the renewal period, you must submit a new delegation proposal under this part. 
</P>
<P>(c) The ONRR Director may approve your renewal request only if ONRR determines that you are meeting the requirements of the applicable standards and regulations. If the ONRR Director denies your renewal request, ONRR will state the reasons for denial. ONRR also will inform you in writing of the conditions you must meet to receive approval. You may submit a new renewal request any time after denial. 
</P>
<P>(d) After the 3-year renewal period for your delegation agreement ends, if you wish to continue performing one or more delegated functions, you must request a new delegation agreement from ONRR under this part. ONRR will schedule a hearing on your request, if ONRR determines a hearing is appropriate. As part of the decision whether to approve your request for a new delegation, the ONRR Director will consider whether you are meeting the requirements of the applicable standards and regulations under your existing delegation agreement. 
</P>
<P>(e) If you do not request a hearing under paragraphs (b)(1) or (d) of this section, any other affected person may submit a written request for a hearing under those paragraphs to the ONRR Associate Director for Minerals Revenue Management.
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 67 FR 19112, Apr. 18, 2002; 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="9" NODE="30:3.0.2.19.15.0.9" TYPE="SUBJGRP">
<HEAD>Existing Delegations</HEAD>


<DIV8 N="§ 1227.111" NODE="30:3.0.2.19.15.0.9.13" TYPE="SECTION">
<HEAD>§ 1227.111   Do existing delegation agreements remain in effect?</HEAD>
<P>This section explains your options if you have a delegation agreement in effect on the effective date of this regulation. 
</P>
<P>(a) If you do not want to perform any royalty management functions in addition to those authorized under your existing agreement, you may continue your existing agreement until its expiration date. Before the agreement expires, if you wish to continue to perform one or more of the delegated functions you performed under the expired agreement, you must request a new delegation agreement meeting the requirements of this part and the applicable standards. 
</P>
<P>(b) If you want to perform royalty management functions in addition to those authorized under your existing agreement, you must request a new delegation agreement under this part. 
</P>
<P>(c) ONRR may extend any delegation agreement in effect on the effective date of this regulation for up to 3 years beyond the date it is due to expire. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="10" NODE="30:3.0.2.19.15.0.10" TYPE="SUBJGRP">
<HEAD>Compensation</HEAD>


<DIV8 N="§ 1227.112" NODE="30:3.0.2.19.15.0.10.14" TYPE="SECTION">
<HEAD>§ 1227.112   What compensation will a State receive to perform delegated functions?</HEAD>
<P>You will receive compensation for your costs to perform each delegated function subject to the following conditions: 
</P>
<P>(a) Compensation for costs is subject to Congressional appropriations; 
</P>
<P>(b) Compensation may not exceed the reasonably anticipated expenditures that ONRR would incur to perform the same function; 
</P>
<P>(c) The cost for which you request compensation must be directly related to your performance of a delegated function and necessary for your performance of that delegated function; 
</P>
<P>(d) At a minimum, you must provide vouchers detailing your expenditures quarterly during the fiscal year. However, you may agree to provide vouchers on a monthly basis in your delegation agreement; 
</P>
<P>(e) You must maintain adequate books and records to support your vouchers; 
</P>
<P>(f) ONRR will pay you quarterly or monthly during the fiscal year as stated in your delegation agreement; and 
</P>
<P>(g) ONRR may withhold compensation to you for your failure to properly perform any delegated function as provided in section 227.801 of this part. 


</P>
</DIV8>

</DIV7>


<DIV7 N="11" NODE="30:3.0.2.19.15.0.11" TYPE="SUBJGRP">
<HEAD>States' Responsibilities To Perform Delegated Functions</HEAD>

</DIV7>

<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>

<DIV8 N="§ 1227.200" NODE="30:3.0.2.19.15.0.12.15" TYPE="SECTION">
<HEAD>§ 1227.200   What are a State's general responsibilities if it accepts a delegation?</HEAD>
<P>For each delegated function you perform, you must: 
</P>
<P>(a) Operate in compliance with all Federal laws, regulations, and Secretarial and ONRR determinations and orders relating to calculating, reporting, and paying mineral royalties and other revenues. You must seek information or guidance from ONRR regarding new, complex, or unique issues. If ONRR determines that written guidance or interpretation is appropriate, ONRR will provide the guidance or interpretation in writing to you and you must follow the interpretation or guidance given; 
</P>
<P>(b) Comply with Generally Accepted Accounting Principles (GAAP). You must: 
</P>
<P>(1) Provide complete disclosure of financial results of activities; 
</P>
<P>(2) Maintain correct and accurate records of all mineral-related transactions and accounts; 
</P>
<P>(3) Maintain effective controls and accountability; 
</P>
<P>(4) Maintain a system of accounts that includes a comprehensive audit trail so that all entries may be traced to one or more source documents; and 
</P>
<P>(5) Maintain adequate royalty and production information for royalty management purposes; 
</P>
<P>(c) Assist ONRR in meeting the requirements of the Government Performance and Results Act (GPRA) as well as assisting in developing and endeavoring to comply with the ONRR Strategic Plan and Performance Measurements; 
</P>
<P>(d) Maintain all records you obtain or create under your delegated function, such as royalty reports, production reports, and other related information. You must maintain such records in a safe, secure manner, including taking appropriate measures for protecting confidential and proprietary information and assisting ONRR in responding to Freedom of Information Act requests when necessary. You must maintain such records for at least 7 years; 
</P>
<P>(e) Provide reports to ONRR about your activities under your delegated functions. ONRR will specify in your delegation agreement what reports you must submit and how often you must submit them. At a minimum, you must provide periodic statistical reports to ONRR summarizing the activities you carried out, such as: 
</P>
<P>(1) Production and royalty reports processed; 
</P>
<P>(2) Erroneous reports corrected; 
</P>
<P>(3) Results of automated verification findings; 
</P>
<P>(4) Number of audits performed; and 
</P>
<P>(5) Enforcement documents issued. 
</P>
<P>(f) Assist ONRR in maintaining adequate reference, royalty, and production databases as provided in the <I>Standards</I> issued under § 1227.201 of this part and the delegation agreement; 
</P>
<P>(g) Develop annual work plans that: 
</P>
<P>(1) Specify the work you will perform for each delegated function; and 
</P>
<P>(2) Identify the resources you will commit to perform each delegated function; 
</P>
<P>(h) Help ONRR respond to requests for information from other Federal agencies, Congress, and the public; 
</P>
<P>(i) Cooperate with ONRR's monitoring of your delegated functions; and 
</P>
<P>(j) Comply with the <I>Standards</I> as required under § 1227.201 of this part. 


</P>
</DIV8>


<DIV8 N="§ 1227.201" NODE="30:3.0.2.19.15.0.12.16" TYPE="SECTION">
<HEAD>§ 1227.201   What standards must a State comply with for performing delegated functions?</HEAD>
<P>(a) If ONRR delegates royalty management functions to you, you must comply with the <I>Standards.</I> The <I>Standards</I> explain how you must carry out the activities under each of the delegable functions. 
</P>
<P>(b) Your delegation agreement may include additional standards specifically applicable to the functions delegated to you. 
</P>
<P>(c) Failure to comply with your delegation agreement, the <I>Standards,</I> or any of the specific standards and requirements in the delegation agreement, is grounds for termination of all or part of your delegation agreement, or other actions as provided under §§ 1227.801 and 227.802. 
</P>
<P>(d) ONRR may revise the <I>Standards</I> and will provide notice of those changes in the <E T="04">Federal Register.</E> You must comply with any changes to the <I>Standards.</I> 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.300" NODE="30:3.0.2.19.15.0.12.17" TYPE="SECTION">
<HEAD>§ 1227.300   What audit functions may a State perform?</HEAD>
<P>An audit consists of an examination of records to verify that royalty reports and payments accurately reflect actual production, sales, revenues and costs, and compliance with Federal statutes, regulations, lease terms, and ONRR policy determinations. 
</P>
<P>(a) If you request delegation of audit functions, you must perform at least the following: 
</P>
<P>(1) Submitting requests for records; 
</P>
<P>(2) Examining royalty and production reports; 
</P>
<P>(3) Examining lessee production and sales records, including contracts, payments, invoices, and transportation and processing costs to substantiate production and royalty reporting; 
</P>
<P>(4) Providing assistance to ONRR for appealed demands or orders, including preparing field reports, performing remanded actions, modifying orders, and providing oral and written briefing and testimony as expert witnesses. 
</P>
<P>(b) If necessary for a particular audit, you may also perform any of the following: 
</P>
<P>(1) Issuing engagement letters; 
</P>
<P>(2) Arranging for entrance conferences; 
</P>
<P>(3) Scheduling site visits; and 
</P>
<P>(4) Issuing record releases and audit closure letters; and 
</P>
<P>(5) Holding closeout conferences. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.301" NODE="30:3.0.2.19.15.0.12.18" TYPE="SECTION">
<HEAD>§ 1227.301   What are a State's responsibilities if it performs audits?</HEAD>
<P>If you perform audits you must: 
</P>
<P>(a) Comply with the <I>ONRR Audit Procedures Manual</I> and the <I>Government Auditing Standards</I> issued by the Comptroller General of the United States; 
</P>
<P>(b) Follow the ONRR Annual Audit Work Plan and 5-year Audit Strategy, which ONRR will develop in consultation with States having delegated audit authority; 
</P>
<P>(c) Agree to undertake special audit initiatives ONRR identifies targeting specific royalty issues, such as valuation or volume determinations; 
</P>
<P>(d) Prepare, construct, or compile audit work papers under the appropriate procedures, manuals, and guidelines; 
</P>
<P>(e) Prepare and submit ONRR Audit Work Plans. You may modify your Audit Work Plans with ONRR approval; and 
</P>
<P>(f) Comply with procedures for appealed demands or orders, including meeting timeframes, supplying information, and using the appropriate format. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.400" NODE="30:3.0.2.19.15.0.12.19" TYPE="SECTION">
<HEAD>§ 1227.400   What functions may a State perform in processing production reports or royalty reports?</HEAD>
<P>Production reporters or royalty reporters provide production, sales, and royalty information on mineral production from leases that must be collected, analyzed, and corrected. 
</P>
<P>(a) If you request delegation of either production report or royalty report processing functions, you must perform at least the following: 
</P>
<P>(1) Receiving, identifying, and date stamping production reports or royalty reports; 
</P>
<P>(2) Processing production or royalty data to allow entry into a data base; 
</P>
<P>(3) Creating copies of reports by means such as electronic imaging; 
</P>
<P>(4) Timely transmitting production report or royalty report data to ONRR and other affected Federal agencies as provided in your delegation agreement and the <I>Standards</I>; 
</P>
<P>(5) Providing training and assistance to production reporters or royalty reporters; 
</P>
<P>(6) Providing production data or royalty data to ONRR and other affected Federal agencies; and 
</P>
<P>(7) Providing assistance to ONRR for appealed demands or orders, including meeting timeframes, supplying information, using the appropriate format, performing remanded actions, modifying orders, and providing oral and written briefing and testimony as expert witnesses. 
</P>
<P>(b) If you request delegation of either production report or royalty report processing functions, or both, you may perform the following functions: 
</P>
<P>(1) Granting exceptions from reporting and payment requirements for marginal properties; and 
</P>
<P>(2) Approving alternative royalty and payment requirements for unit agreements and communitization agreements. 
</P>
<P>(c) You must provide ONRR with a copy of any exceptions from reporting and payment requirements for marginal properties and any alternative royalty and payment requirements for unit agreements and communitization agreements you approve. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.401" NODE="30:3.0.2.19.15.0.12.20" TYPE="SECTION">
<HEAD>§ 1227.401   What are a State's responsibilities if it processes production reports or royalty reports?</HEAD>
<P>In processing production reports or royalty reports you must: 
</P>
<P>(a) Process reports accurately and timely as provided in the <I>Standards</I> and your delegation agreement; 
</P>
<P>(b) Identify and resolve fatal errors to use in subsequent error correction that the State or ONRR performs; 
</P>
<P>(c) Accept multiple forms of electronic media from reporters, as ONRR specifies; 
</P>
<P>(d) Timely transmit required production or royalty data to ONRR and other affected Federal agencies; 
</P>
<P>(e) Access well, lease, agreement, and reporter reference data from ONRR and provide updated information to ONRR; 
</P>
<P>(f) For production reports, maintain adequate system software edits to ensure compliance with the provisions of 30 CFR part 1210—Forms and Reports, the ONRR <I>Minerals Production Reporter Handbook</I>, any interagency memorandum of understanding to which ONRR is a party, and the <I>Standards</I>;
</P>
<P>(g) For royalty reports, maintain adequate system software edits to ensure compliance with the provisions of 30 CFR part 1218, the <I>Oil and Gas Payor Handbook, Volume II,</I> “Dear Payor” letters, and the <I>Standards</I>; and 
</P>
<P>(h) Comply with the procedures for appealed demands or orders, including meeting timeframes, supplying information, and using the appropriate format. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 67 FR 19112, Apr. 18, 2002; 73 FR 15898, Mar. 26, 2008; 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.500" NODE="30:3.0.2.19.15.0.12.21" TYPE="SECTION">
<HEAD>§ 1227.500   What functions may a State perform to ensure that reporters correct erroneous report data?</HEAD>
<P>Production data and royalty data must be edited to ensure that what is reported is correct, that disbursement is made to the proper recipient, and that correct data are used for other functions, such as automated verification and audits. If you request delegation of error correction functions for production reports or royalty reports, or both, you must perform at least the following: 
</P>
<P>(a) Correcting all fatal errors and assigning appropriate confirmation indicators; 
</P>
<P>(b) Verifying whether production reports are missing; 
</P>
<P>(c) Contacting production reporters or royalty reporters about missing reports and resolving exceptions; 
</P>
<P>(d) Documenting all corrections made, including providing production reporters or royalty reporters with confirmation reports of any changes; 
</P>
<P>(e) Providing training and assistance to production reporters or royalty reporters; 
</P>
<P>(f) Issuing notices, orders to report, and bills as needed, including, but not limited to, imposing assessments on a person who chronically submits erroneous reports; and 
</P>
<P>(g) Providing assistance to ONRR for appealed demands or orders, including preparing field reports, performing remanded actions, modifying orders, and providing oral and written briefing and testimony as expert witnesses. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.501" NODE="30:3.0.2.19.15.0.12.22" TYPE="SECTION">
<HEAD>§ 1227.501   What are a State's responsibilities to ensure that reporters correct erroneous data?</HEAD>
<P>To ensure the correction of erroneous data, you must: 
</P>
<P>(a) Ensure compliance with the provisions of 30 CFR parts 1216 and 1218, any applicable handbook specified under 30 CFR 1227.401 (f) and (g), interagency memorandums of understanding to which ONRR is a party, and the <I>Standards</I>; 
</P>
<P>(b) Ensure that reporters accurately and timely correct all fatal errors as designated in the <I>Standards.</I> These errors include, for example, invalid or incorrect reporter/payor codes, incorrect lease/agreement numbers, and missing data fields; 
</P>
<P>(c) Submit accepted and corrected lines to ONRR to allow processing in a timely manner as provided in the <I>Standards</I> and 30 CFR part 1219; and 
</P>
<P>(d) Comply with the procedures for appealed demands or orders, including meeting timeframes, supplying information, and using the appropriate format. 
</P>
<CITA TYPE="N">[62 FR 43064, Aug. 12, 1997, as amended at 67 FR 19112, Apr. 18, 2002; 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.600" NODE="30:3.0.2.19.15.0.12.23" TYPE="SECTION">
<HEAD>§ 1227.600   What automated verification functions may a State perform?</HEAD>
<P>Automated verification involves systematic monitoring of production and royalty reports to identify and resolve reporting or payment discrepancies. States may perform the following: 
</P>
<P>(a) Automated comparison of sales volumes reported by royalty reporters to sales and transfer volumes reported by production reporters. If you request delegation of automated comparison of sales and production volumes, you must perform at least the following functions: 
</P>
<P>(1) Performing an initial sales volume comparison between royalty and production reports;
</P>
<P>(2) Performing subsequent comparisons when reporters adjust royalty or production reports;
</P>
<P>(3) Checking unit prices for reasonable product valuation based on reference price ranges ONRR provides;
</P>
<P>(4) Resolving volume variances using written correspondence, telephone inquiries, or other media;
</P>
<P>(5) Maintaining appropriate file documentation to support case resolution; and
</P>
<P>(6) Issuing orders to correct reports or payments;
</P>
<P>(b) Any one or more of the following additional automated verification functions:
</P>
<P>(1) Verifying compliance with lease financial terms, such as payment of rent, minimum royalty, and advance royalty;
</P>
<P>(2) Identifying and resolving improper adjustments;
</P>
<P>(3) Identifying late payments and insufficient estimates, including calculating interest owed to ONRR and verifying payor-calculated interest owed to ONRR;
</P>
<P>(4) Calculating interest due to a lessee or its designee for an adjustment or refund, including identifying overpayments and excessive estimates;
</P>
<P>(5) Verifying royalty rates; and
</P>
<P>(6) Verifying compliance with transportation and processing allowance limitations;
</P>
<P>(c) Issuing notices and bills associated with any of the functions under paragraphs (a) and (b) of this section; and
</P>
<P>(d) Providing assistance to ONRR for any of these delegated functions on appealed demands or orders, including meeting timeframes, supplying information, using the appropriate format, taking remanded actions, modifying orders, and providing oral and written briefing and testimony as expert witnesses.


</P>
</DIV8>


<DIV8 N="§ 1227.601" NODE="30:3.0.2.19.15.0.12.24" TYPE="SECTION">
<HEAD>§ 1227.601   What are a State's responsibilities if it performs automated verification?</HEAD>
<P>To perform automated verification of production reports or royalty reports, you must:
</P>
<P>(a) Verify through research and analysis all identified exceptions and prepare the appropriate billings, assessment letters, warning letters, notification letters, Lease Problem Reports, other internal forms required, and correspondence required to perform any required follow-up action for each function, as specified in the <I>Standards</I> or your delegation agreement;
</P>
<P>(b) Resolve and respond to all production reporter or royalty reporter inquiries;
</P>
<P>(c) Maintain all documentation and logging procedures as specified in the <I>Standards</I> or your delegation agreement;
</P>
<P>(d) Access well, lease, agreement, and production reporter or royalty reporter reference data from ONRR and provide updated information to ONRR; and
</P>
<P>(e) Comply with procedures for appealed demands and orders, including meeting time frames, supplying information, and using the appropriate format.


</P>
</DIV8>


<DIV8 N="§ 1227.700" NODE="30:3.0.2.19.15.0.12.25" TYPE="SECTION">
<HEAD>§ 1227.700   What enforcement documents may a State issue in support of its delegated function?</HEAD>
<P>This section explains what enforcement actions you may take as part of your delegated functions.
</P>
<P>(a) You may issue demands, subpoenas, and orders to perform restructured accounting, including related notices to lessees and their designees. You also may enter into tolling agreements under section 15(d)(1) of the Act, 30 U.S.C. 1725(d)(1).
</P>
<P>(b) When you issue any enforcement document you must comply with the requirements of section 115 of the Act, 30 U.S.C. 1725.
</P>
<P>(c) When you issue a demand or enter into a tolling agreement under section 15(d)(1) of the Act, 30 U.S.C. 1725(d)(1), the highest State official having ultimate authority over the collection of royalties or the State official to whom that authority has been delegated must sign the demand or tolling agreement.
</P>
<P>(d) When you issue a subpoena or order to perform a restructured accounting you must:
</P>
<P>(1) Coordinate with ONRR to ensure identification of issues that may concern more than one State before you issue subpoenas and orders to perform restructured accounting; and
</P>
<P>(2) Ensure that the highest State official having ultimate authority over the collection of royalties signs any subpoenas and orders to perform restructured accounting, as required under section 115 of the Act, 30 U.S.C. 1725. This official may not delegate signature authority to any other person.


</P>
</DIV8>


<DIV7 N="12" NODE="30:3.0.2.19.15.0.12" TYPE="SUBJGRP">
<HEAD>Performance Review</HEAD>


<DIV8 N="§ 1227.800" NODE="30:3.0.2.19.15.0.12.26" TYPE="SECTION">
<HEAD>§ 1227.800   How will ONRR monitor a State's performance of delegated functions?</HEAD>
<P>This section explains ONRR's procedures for monitoring your performance of any of your delegated functions.
</P>
<P>(a) A monitoring team of ONRR officials will annually review your performance of the delegated functions and compliance with your delegation agreement, the <I>Standards,</I> and 30 U.S.C. 1735, including conducting fiscal examination to verify your costs for reimbursement. 
</P>
<P>(b) The monitoring team also will: 
</P>
<P>(1) Periodically review your statistical reports required under § 1227.200(e) to verify your accuracy, timeliness, and efficiency; 
</P>
<P>(2) Check for timely transmittal of production report or royalty report information to ONRR and other affected agencies, as applicable, to allow for proper disbursement of funds and processing of information; 
</P>
<P>(3) Coordinate on-site visits and Office of the Inspector General, General Accounting Office, and ONRR audits of your performance of your delegated functions; and 
</P>
<P>(4) Maintain reports of its monitoring activities. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.801" NODE="30:3.0.2.19.15.0.12.27" TYPE="SECTION">
<HEAD>§ 1227.801   What if a State does not adequately perform a delegated function?</HEAD>
<P>If your performance of the delegated function does not comply with your delegation agreement, or the <I>Standards,</I> or if ONRR finds that you can no longer meet the statutory requirements under § 1227.106, then ONRR may: 
</P>
<P>(a) Notify you in writing of your noncompliance or inability to comply. The notice will prescribe corrective actions you must take, and how long you have to comply. You may ask ONRR for an extension of time to comply with the notice. In your extension request you must explain why you need more time; and 
</P>
<P>(b) If you do not take the prescribed corrective actions within the time that ONRR allows in a notice issued under paragraph (a) of this section, then ONRR may: 
</P>
<P>(1) Initiate proceedings under § 1227.802 to terminate all or a part of your delegation agreement; 
</P>
<P>(2) Withhold compensation provided to you under § 1227.112; and 
</P>
<P>(3) Perform the delegated function, before terminating or without terminating your delegation agreement, including, but not limited to, issuing a demand or order to a Federal lessee, or its designee, or any other person when: 
</P>
<P>(i) Your failure to issue the demand or order would result in an underpayment of an obligation due ONRR; and 
</P>
<P>(ii) The underpayment would go uncollected without ONRR intervention. 


</P>
</DIV8>


<DIV8 N="§ 1227.802" NODE="30:3.0.2.19.15.0.12.28" TYPE="SECTION">
<HEAD>§ 1227.802   How will ONRR terminate a State's delegation agreement?</HEAD>
<P>This section explains the procedures ONRR will use to terminate all or a part of your delegation agreement: 
</P>
<P>(a) ONRR will notify you in writing that it is initiating procedures to terminate your delegation agreement; 
</P>
<P>(b) ONRR will provide you notice and opportunity for a hearing under § 1227.803 of this part; 
</P>
<P>(c) The ONRR Director, with concurrence from the Secretary, will decide whether to terminate your delegation agreement. 
</P>
<P>(d) After the hearing, ONRR may: 
</P>
<P>(1) Terminate your delegation agreement; or 
</P>
<P>(2) Allow you 30 days to correct any remaining deficiencies. If you do not correct the deficiency within 30 days, ONRR will terminate all or a part of your delegation agreement. 
</P>
<P>(e) ONRR will determine the date your agreement is terminated and will notify you of that date in writing. ONRR will determine the termination date based on the number of delegated functions and the impact of the termination on all affected parties. 


</P>
</DIV8>


<DIV8 N="§ 1227.803" NODE="30:3.0.2.19.15.0.12.29" TYPE="SECTION">
<HEAD>§ 1227.803   What are the hearing procedures for terminating a State's delegation agreement?</HEAD>
<P>(a) The ONRR Director will appoint a hearing official to conduct one or more public hearings for fact finding and to determine any actions you must take to correct the noncompliance. The hearing official will not decide whether to terminate your delegation agreement; 
</P>
<P>(b) The hearing official will contact you about scheduling a hearing date and location; 
</P>
<P>(c) The hearing official will publish notice of the hearing in the <E T="04">Federal Register</E> and other appropriate media within your State; 
</P>
<P>(d) At the hearing, you will have an opportunity to present testimony and written information on your ability to perform your delegated functions as required under this part, your delegation agreement, and the <I>Standards</I>; 
</P>
<P>(e) Other persons may attend the hearing and may present testimony and written information for the record; 
</P>
<P>(f) ONRR will record the hearing; 
</P>
<P>(g) After the hearing, ONRR may require you to submit additional information; and 
</P>
<P>(h) Information presented at each public hearing will help ONRR to determine whether: 
</P>
<P>(1) You have complied with the terms and conditions of your delegation agreement; or 
</P>
<P>(2) You have the capability to comply with the requirements under § 1227.106 of this part. 
</P>
<CITA TYPE="N">[62 FR 43084, Aug. 12, 1997, as amended at 75 FR 61087, Oct. 4, 2010]


</CITA>
</DIV8>


<DIV8 N="§ 1227.804" NODE="30:3.0.2.19.15.0.12.30" TYPE="SECTION">
<HEAD>§ 1227.804   How else may a State's delegation agreement terminate?</HEAD>
<P>You may request ONRR to terminate your delegation at any time by submitting your written notice of intent 6 months prior to the date on which you want to terminate. ONRR will determine the date your agreement is terminated and will notify you of that date in writing. ONRR will determine the termination date based on the number of delegated functions and the impact of the termination on all affected parties. 


</P>
</DIV8>


<DIV8 N="§ 1227.805" NODE="30:3.0.2.19.15.0.12.31" TYPE="SECTION">
<HEAD>§ 1227.805   How may a State obtain a new delegation agreement after termination?</HEAD>
<P>After your delegation agreement is terminated, you may apply again for delegation by beginning with the proposal process under this part.


</P>
</DIV8>

</DIV7>

</DIV5>


<DIV5 N="1228" NODE="30:3.0.2.19.16" TYPE="PART">
<HEAD>PART 1228—COOPERATIVE ACTIVITIES WITH STATES AND INDIAN TRIBES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>Sec. 202, Pub. L. 97-451, 96 Stat. 2457 (30 U.S.C. 1732).
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>49 FR 37348, Sept. 21, 1984, unless otherwise noted. Redesignated at 75 FR 61087, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.16.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 1228.1" NODE="30:3.0.2.19.16.1.13.1" TYPE="SECTION">
<HEAD>§ 1228.1   Purpose.</HEAD>
<P>It is the purpose of cooperative agreements to effectively utilize the capabilities of the States and Indian tribes in developing and maintaining an efficient and effective Federal royalty management system as indicated at 30 U.S.C. 1701.


</P>
</DIV8>


<DIV8 N="§ 1228.2" NODE="30:3.0.2.19.16.1.13.2" TYPE="SECTION">
<HEAD>§ 1228.2   Policy.</HEAD>
<P>It shall be the policy of DOI to enter into cooperative agreements with States and Indian tribes to carry out audits and related investigations and enforcement actions whenever a State or tribe initiates a request to enter into an agreement and a finding is made that a State or tribe has the ability to carry out cooperative activities in a timely and efficient manner.


</P>
</DIV8>


<DIV8 N="§ 1228.3" NODE="30:3.0.2.19.16.1.13.3" TYPE="SECTION">
<HEAD>§ 1228.3   Limitation on applicability.</HEAD>
<P>As of the effective date of this rule, September 11, 1997, this part does not apply to Federal lands. 
</P>
<CITA TYPE="N">[62 FR 43091, Aug. 12, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 1228.4" NODE="30:3.0.2.19.16.1.13.4" TYPE="SECTION">
<HEAD>§ 1228.4   Authority.</HEAD>
<P>The Secretary of the Interior is authorized to enter into cooperative agreements with States and Indian tribes (30 U.S.C. 1732) to share oil or gas royalty management information, and to carry out auditing and related investigation or enforcement activities in cooperation with the Secretary.


</P>
</DIV8>


<DIV8 N="§ 1228.5" NODE="30:3.0.2.19.16.1.13.5" TYPE="SECTION">
<HEAD>§ 1228.5   Delegation of authority.</HEAD>
<P>(a) Authority to enter into cooperative agreements to carry out audit and related investigation and enforcement activities with State and tribal governments has been delegated to the Director of the Office of Natural Resources Revenue (ONRR).
</P>
<P>(b) Authority to enter into cooperative agreements with State and tribal governments to carry out inspection and related investigation and enforcement activities has been delegated to the Director of the Bureau of Land Management (BLM) and is not covered by this part.
</P>
<P>(c) The entry into a cooperative agreement with either ONRR or BLM will not affect the ability of a State or Indian tribe to choose to enter into such an agreement with the other agency. A State may enter into a delegation agreement (30 U.S.C. 1735) with ONRR to perform certain functions without affecting its ability to enter into a cooperative agreement with either ONRR or BLM, or both, to cooperate in the performance of those functions which are not delegated in this part.


</P>
</DIV8>


<DIV8 N="§ 1228.6" NODE="30:3.0.2.19.16.1.13.6" TYPE="SECTION">
<HEAD>§ 1228.6   Definitions.</HEAD>
<P>For the purposes of this part, terms shall have the same meaning as in 30 U.S.C. 1702. In addition, the following definition shall apply:
</P>
<P><I>Audit</I> means an examination of the financial accounting and lease related records of the lessee and other interest holders, who by lease or contract pay royalties or are obligated to pay royalties, rents, bonuses or other payments on Federal or Indian leases. An examination is to be conducted in accordance with generally accepted audit standards as adopted by the American Institute of Certified Public Accountants. Activities to be examined which are considered to be an audit function include reconciliation of lease accounts under the Royalty Accounting System; records of lease activities related to Federal leases located within the boundaries of the State entering into a cooperative agreement; records of lease activities related to leases located on Indian lands, and the review and resolution of exceptions processed by the official accounting systems for royalty reporters and payors maintained by the ONRR.
</P>
<CITA TYPE="N">[49 FR 37348, Sept. 21, 1984, as amended at 67 FR 19112, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1228.10" NODE="30:3.0.2.19.16.1.13.7" TYPE="SECTION">
<HEAD>§ 1228.10   Information collection.</HEAD>
<P>(a) The Office of Management and Budget (OMB) approved the information collection requirements contained in this part under 44 U.S.C. 3501 <I>et seq.</I> The approved OMB control number is identified in 30 CFR 1210.10. The information collected will be used to prepare a cooperative agreement with a State or Indian tribe wishing to perform royalty audits. The information should be submitted voluntarily in order to enter into a cooperative agreement authorized by 30 U.S.C. 1732.
</P>
<P>(b) Send comments regarding the burden estimates or any other aspect of this information collection, including suggestions for reducing burden, to the Office of Natural Resources Revenue, Attention: Rules &amp; Regs Team, OMB Control Number 1012-0003, P.O. Box 25165, Denver, CO 80225-0165.
</P>
<CITA TYPE="N">[57 FR 41868, Sept. 14, 1992, as amended at 58 FR 64903, Dec. 10, 1993; 76 FR 76617, Dec. 8, 2011]


</CITA>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.16.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil and Gas, General [Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.16.3" TYPE="SUBPART">
<HEAD>Subpart C—Oil and Gas, Onshore</HEAD>


<DIV8 N="§ 1228.100" NODE="30:3.0.2.19.16.3.13.1" TYPE="SECTION">
<HEAD>§ 1228.100   Entering into an agreement.</HEAD>
<P>(a) A State or Indian tribe may request the Department to enter into a cooperative agreement by sending a letter from the governor, tribal chairman, or other appropriate official with delegation authority, to the Director of ONRR. 
</P>
<P>(b) The request for an agreement shall be in a format prescribed by ONRR and should include at a minimum the following information: 
</P>
<P>(1) Type of eligible activities to be undertaken. 
</P>
<P>(2) Proposed term of the agreement. 
</P>
<P>(3) Evidence that the State or Indian tribe meets, or can meet by the time the agreement is in effect, the standards established by the Secretary for the types of activities to be conducted under the terms of the agreement. 
</P>
<P>(4) If the State is proposing to undertake activities on Indian lands located within the State, a resolution from the appropriate tribal council indicating their agreement to delegate to the State responsibilities under the terms of the cooperative agreement for activities to be conducted on tribal or allotted land. 
</P>
<P>(c) The eligible activities to be conducted under the terms of a cooperative agreement may be funded or unfunded by the Department. See § 1228.105 of this subpart for funding of cooperative agreements.
</P>
<CITA TYPE="N">[49 FR 37348, Sept. 21, 1984, as amended at 56 FR 10512, Mar. 13, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 1228.101" NODE="30:3.0.2.19.16.3.13.2" TYPE="SECTION">
<HEAD>§ 1228.101   Terms of agreement.</HEAD>
<P>(a) Agreements entered into under this part shall be valid for a period of 3 years and shall be renewable or additional consecutive 3-year periods upon request of the State or Indian tribe which is a party to the agreement. 
</P>
<P>(b) An agreement may be terminated at any time by mutual agreement and upon any terms and conditions as agreed upon by the parties. 
</P>
<P>(c) A State or Indian tribe may unilaterally terminate an agreement by giving a 120-day written notice of intent to terminate. 
</P>
<P>(d) The ONRR may commence termination of an agreement by giving a 120-day written notice of intent to terminate. ONRR shall provide the State or Indian tribe with the reasons for the proposed termination in writing if the termination is proposed because of alleged deficiencies by the State or Indian tribe in carrying out the provisions of the agreement. The State or Indian tribe will be given 60 days to respond to the notice of deficiencies and to provide a plan for correction of those deficiencies. No final action on termination shall be taken until any submission of the State or Indian tribe provided within the above prescribed 60 days has been reviewed by ONRR for content or merit.
</P>
<P>(e) Termination of a cooperative agreement shall not bar a later request by a State or Indian tribe to enter into a subsequent cooperative agreement. 


</P>
</DIV8>


<DIV8 N="§ 1228.102" NODE="30:3.0.2.19.16.3.13.3" TYPE="SECTION">
<HEAD>§ 1228.102   Establishment of standards.</HEAD>
<P>The ONRR, after consultation with States and Indian tribes, shall establish standards for carrying out the activities under the provisions of this part. The standards will be incorporated into the agreement and shall be no more stringent than those applicable to similar activities of the ONRR. The States and Indian tribes shall coordinate their planned auditing activities with ONRR. Where an ONRR audit team is permanently assigned to a lessee/payor, contact by State and Indian tribal auditors with the lessee/payor shall be through the ONRR auditor in residence.


</P>
</DIV8>


<DIV8 N="§ 1228.103" NODE="30:3.0.2.19.16.3.13.4" TYPE="SECTION">
<HEAD>§ 1228.103   Maintenance of records.</HEAD>
<P>(a) The State or Indian tribe entering into a cooperative agreement under this part must retain all records, reports, working papers, and any backup materials for a period specified by ONRR. All records and support materials must be available for inspection and review by appropriate personnel of the Department including the Office of the Inspector General.
</P>
<P>(b) The State or Indian tribe shall maintain all books and records as may be necessary to assure compliance with the provisions of chapter 1, 48 CFR 31.107 and 48 CFR subpart 31.6 (Contracts with State, local, and federally recognized Indian tribal Governments).
</P>
<CITA TYPE="N">[56 FR 10512, Mar. 13, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 1228.104" NODE="30:3.0.2.19.16.3.13.5" TYPE="SECTION">
<HEAD>§ 1228.104   Availability of information.</HEAD>
<P>(a) Under the provisions of this part, information necessary to carry out the activities authorized under the terms of a cooperative agreement will be provided by DOI to the States and Indian tribes entering into such agreements. The information will consist of data provided from all relevant sources on a lease level basis for leases located within the boundaries of the State or Indian tribe which has entered into the agreement. This information will include any records or data held by the lessee or other person that have not been submitted to ONRR, but that affect Federal lease interests and could be required to be submitted under the lease terms or Federal regulations.
</P>
<P>(b) None of the provisions of this subpart should be construed as limiting information already being provided to Indian tribes and allottees regarding their lease interests. 
</P>
<P>(c) Information will be provided by ONRR on a monthly basis and will include data on royalties, rents, and bonuses collected on the lease, volumes produced, sales made, value of products disposed of as a sale and used as a basis for royalty calculation, and other information necessary to allow the State or tribe to carry out its responsibilities under the cooperative agreement. 
</P>
<P>(d) Proprietary data that is made available to a State or tribe under provisions of 30 U.S.C. 1733 shall be subject to the constraints of 18 U.S.C. 1905. To receive proprietary data, the State or tribe must—
</P>
<P>(1) Demonstrate what audit, investigation, or litigation under provisions of 30 U.S.C. 1734 is planned for or underway for which this data is essential;
</P>
<P>(2) Demonstrate why this particular data is necessary; and
</P>
<P>(3) Agree to safeguard proprietary data as provided.


</P>
</DIV8>


<DIV8 N="§ 1228.105" NODE="30:3.0.2.19.16.3.13.6" TYPE="SECTION">
<HEAD>§ 1228.105   Funding of cooperative agreements.</HEAD>
<P>(a)(1) The Department may, under the terms of the cooperative agreement, reimburse the State or Indian tribe up to 100 percent of the costs of eligible activities. Eligible activities will be agreed upon annually upon the submission and approval of a workplan and funding requirement.
</P>
<P>(2) A cooperative agreement may be entered into with a State or Indian tribe, upon request, without a requirement for reimbursement of costs by the Department.
</P>
<P>(b) All cooperative agreements under this part are subject to annual funding and the availability of appropriations specifically designated for the purpose of this part.
</P>
<P>(c) The State or Indian tribe shall submit a voucher for reimbursement of eligible costs incurred within 30 days of the end of each calendar quarter. The State or Indian tribe must provide the Department a summary of costs incurred, for which the State or Indian tribe is seeking reimbursement, with the voucher.
</P>
<CITA TYPE="N">[49 FR 37348, Sept. 21, 1984, as amended at 56 FR 10512, Mar. 13, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 1228.107" NODE="30:3.0.2.19.16.3.13.7" TYPE="SECTION">
<HEAD>§ 1228.107   Eligible cost of activities.</HEAD>
<P>(a) If a cooperative agreement provides for Federal funding, only costs directly associated with eligible activities undertaken by the State or Indian tribe under the terms of a cooperative agreement will be eligible for reimbursement. Costs of services or activities which cannot be directly related to the support of activities specified in the agreement will not be eligible for Federal funding or for inclusion in the State's share or in the Indian tribe's share of funding that may be established in the agreement.
</P>
<P>(b) Eligible costs are the cost of salaries and benefits associated with technical, support, and clerical personnel engaged in eligible activities; direct cost of travel, rentals, and other normal administrative activities in direct support of the project or projects; basic and specialized training for State and tribal participants; and cost of any contractual services which can be shown to be in direct support of the activities covered by the agreement. Each cooperative agreement shall contain detailed schedules identifying those activities and costs which qualify for funding and the procedures, timing, and mechanics for implementing Federal funding.
</P>
<CITA TYPE="N">[49 FR 37348, Sept. 21, 1984, as amended at 56 FR 10512, Mar. 13, 1991]


</CITA>
</DIV8>


<DIV8 N="§ 1228.108" NODE="30:3.0.2.19.16.3.13.8" TYPE="SECTION">
<HEAD>§ 1228.108   Deduction of civil penalties accruing to the State or tribe from the Federal share of a cooperative agreement.</HEAD>
<P>As provided at 30 U.S.C. 1736, 50 percent of any civil penalty collected as a result of activities under a cooperative agreement will be shared with the State or Indian tribe performing the cooperative agreement; however, the amount of the civil penalty shared will be deducted from any Federal funding owed under that cooperative agreement. ONRR shall maintain records of civil penalties collected and distributed to the States and tribes involved in cooperative agreements. Each quarterly payment of the Federal share of a cooperative agreement will be reduced by the amount of the civil penalties paid to the State or tribe during the prior quarter.


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="1229" NODE="30:3.0.2.19.17" TYPE="PART">
<HEAD>PART 1229—DELEGATION TO STATES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>30 U.S.C. 1735.


</PSPACE></AUTH>

<DIV6 N="A" NODE="30:3.0.2.19.17.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>49 FR 37350, Sept. 21, 1984, unless otherwise noted. Redesignated at 75 FR 61087, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV8 N="§ 1229.1" NODE="30:3.0.2.19.17.1.15.1" TYPE="SECTION">
<HEAD>§ 1229.1   Purpose.</HEAD>
<P>The purpose of this part is to promote the effective utilization of the capabilities of the States in developing and maintaining an efficient and effective Federal royalty management system.


</P>
</DIV8>


<DIV8 N="§ 1229.2" NODE="30:3.0.2.19.17.1.15.2" TYPE="SECTION">
<HEAD>§ 1229.2   Policy.</HEAD>
<P>It shall be the policy of the Department of the Interior (DOI) to honor any properly made petition from the Chief Executive or other appropriate official of a State seeking delegation of authority under the provisions of 30 U.S.C. 1735 and to make a delegation to conduct audits and related investigations when the Secretary finds that the provisions of 30 U.S.C. 1735 have been complied with or can be complied with by a State seeking the delegation.


</P>
</DIV8>


<DIV8 N="§ 1229.3" NODE="30:3.0.2.19.17.1.15.3" TYPE="SECTION">
<HEAD>§ 1229.3   Limitation on applicability.</HEAD>
<P>As of the effective date of this rule, September 11, 1997, this part does not apply to Federal lands. 
</P>
<CITA TYPE="N">[62 FR 43091, Aug. 12, 1997]


</CITA>
</DIV8>


<DIV8 N="§ 1229.4" NODE="30:3.0.2.19.17.1.15.4" TYPE="SECTION">
<HEAD>§ 1229.4   Authority.</HEAD>
<P>The Secretary of the DOI is authorized under provisions of 30 U.S.C. 1735 to delegate authority to States to conduct audits and related investigations with respect to all Federal lands within a State, and to those Indian lands to which a State has received permission from the respective Indian tribe(s) or allottee(s) to carry out audit activities under a delegation from the Secretary.


</P>
</DIV8>


<DIV8 N="§ 1229.6" NODE="30:3.0.2.19.17.1.15.5" TYPE="SECTION">
<HEAD>§ 1229.6   Definitions.</HEAD>
<P>The definitions contained in 30 U.S.C. 1702 and in part 228 of this title apply to the activities carried out under the provisions of this part.


</P>
</DIV8>


<DIV8 N="§ 1229.10" NODE="30:3.0.2.19.17.1.15.6" TYPE="SECTION">
<HEAD>§ 1229.10   Information collection requirements.</HEAD>
<P>The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3501 <I>et seq.,</I> because there are fewer than 10 respondents annually.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.17.2" TYPE="SUBPART">
<HEAD>Subpart B—Oil and Gas, General [Reserved]</HEAD>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.17.3" TYPE="SUBPART">
<HEAD>Subpart C—Oil and Gas, Onshore</HEAD>

<AUTH>
<HED>Authority:</HED><PSPACE>The Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 <I>et seq.</I>).


</PSPACE></AUTH>

<DIV7 N="15" NODE="30:3.0.2.19.17.3.15" TYPE="SUBJGRP">
<HEAD>Administration of Delegations</HEAD>


<DIV8 N="§ 1229.100" NODE="30:3.0.2.19.17.3.15.1" TYPE="SECTION">
<HEAD>§ 1229.100   Authorities and responsibilities subject to delegation.</HEAD>
<P>(a) All or part of the following authorities and responsibilities of the Secretary under the Act may be delegated to a State authority:
</P>
<P>(1) Conduct of audits related to oil and gas royalty payments made to the Office of Natural Resources Revenue (ONRR) which are attributable to leased Federal or Indian lands within the State. Delegations with respect to any Indian lands require the written permission, subject to the review of the ONRR, of the affected Indian tribe or allottee.
</P>
<P>(2) Conduct of investigations related to oil and gas royalty payments made to the ONRR which are attributable to leased Federal lands or Indian lands within the State. Delegation with respect to any Indian lands require the written permission, subject to the review of the ONRR, of the affected Indian tribe or allottee. No investigation will be initiated without the specific approval of the ONRR or the Secretary's designee and in accordance with the Departmental Manual.
</P>
<P>(b) The following authorities and responsibilities are specifically reserved to the ONRR and are not delegable under these regulations:
</P>
<P>(1) Enforcement actions to assess and collect additional royalties identified as a consequence of audits, inspections, and investigations. These include all actions related to resolution of royalty obligations so identified, and the establishment and maintenance of payment performance bonds which may be required during the resolution process.
</P>
<P>(2) Enforcement actions to collect civil penalties and interest charges related to findings of audits, inspections, and investigations.
</P>
<P>(3) Administration of all appeals and all actions of the Department related to administrative and judicial litigation.
</P>
<P>(4) Issuance of subpoenas.
</P>
<P>(c) The provisions of this section do not limit the authority provided to the States by section 204 of the Act.
</P>
<CITA TYPE="N">[49 FR 40026, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.101" NODE="30:3.0.2.19.17.3.15.2" TYPE="SECTION">
<HEAD>§ 1229.101   Petition for delegation.</HEAD>
<P>(a) The governor or other authorized official of any State which contains Federal oil and gas leases, or Indian oil and gas leases where the Indian tribe and allottees have given the State an affirmative indication of their desire for the State to undertake certain royalty management-related activities on their lands, may petition the Secretary to assume responsibilities to conduct audits and related investigations of royalty related matters affecting Federal or Indian oil and gas leases within the State.
</P>
<P>(b) A State may enter into a delegation of authority under this part without affecting a State's ability to enter into a cooperative agreement under part 228 of this title.
</P>
<P>(c) The Secretary shall carry out all factfinding and hearings he may decide are necessary in order to approve or disapprove the petition.
</P>
<P>(d) In the event that the Secretary denies the petition, the Secretary must provide the State with the specific reasons for denial of the petition. The State will then have 60 days to either contest or correct specific deficiencies and to reapply for a delegation of authority.
</P>
<CITA TYPE="N">[49 FR 37350, Sept. 21, 1984. Redesignated and amended at 49 FR 40025, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.102" NODE="30:3.0.2.19.17.3.15.3" TYPE="SECTION">
<HEAD>§ 1229.102   Fact-finding and hearings.</HEAD>
<P>(a) Upon receipt of a petition for delegation from a State, the Secretary shall appoint a representative to conduct a hearing or hearings to carry out factfinding and determine the ability of the petitioning State to carry out the delegated responsibilities requested in accordance with the provisions of this part.
</P>
<P>(b) The Secretary's representative, after proper notice in the <E T="04">Federal Register</E> and other appropriate media within the State, shall hold one or more public hearings to determine whether:
</P>
<P>(1) The State has an acceptable plan for carrying out delegated responsibilities and if it is likely that the State will provide adequate resources to achieve the purposes of this part (30 U.S.C. 1735);
</P>
<P>(2) The State has the ability to put in place a process within 60 days of the grant of delegation which will assure the Secretary that the functions to be delegated to the State can be effectively carried out; 
</P>
<P>(3) The State has demonstrated that it will effectively and faithfully administer the rules and regulations of the Secretary in accordance with the requirements at 30 U.S.C. 1735; 
</P>
<P>(4) The State's plan to carry out the delegated authority will be in accordance with the ONRR standards; and
</P>
<P>(5) The State's plan to carry out the delegated authority will be coordinated with ONRR and the Office of Inspector General audit efforts to eliminate added burden on any lessee or group of lessees operating Federal or Indian oil and gas leases within the State.
</P>
<P>(c) A State petitioning for a delegation of authority shall be given the opportunity to present testimony at a public hearing. 
</P>
<CITA TYPE="N">[49 FR 37350, Sept. 21, 1984. Redesignated and amended at 49 FR 40025, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.103" NODE="30:3.0.2.19.17.3.15.4" TYPE="SECTION">
<HEAD>§ 1229.103   Duration of delegations; termination of delegations.</HEAD>
<P>(a) Delegations of authority shall be valid for a period of 3 years and may be renewable for an additional consecutive 3-year period upon request of the State and after the appropriate factfinding required in § 1229.101. Delegations are subject to annual funding and the availability of appropriations specifically designated for the purpose of this part. 
</P>
<P>(b) A delegation of authority may be terminated at any time and upon any terms and conditions as mutually agreed upon by the parties. 
</P>
<P>(c) A State may terminate a delegation of authority by giving a 120-day written notice of intent to terminate. 
</P>
<P>(d) The Department may terminate a delegation of authority when it is determined, after opportunity for a hearing, that the State has failed to substantially comply with the provisions of the delegation of authority.
</P>
<P>(e) No action to initiate formal hearing proceedings for termination shall be taken until the Department has notified the State in writing of alleged deficiencies and allowed the State 120 days to correct the deficiencies. 
</P>
<P>(f) Termination of a delegation shall not bar a subsequent request by a State to regain a delegation of authority.
</P>
<CITA TYPE="N">[49 FR 37351, Sept. 21, 1984, as amended at 49 FR 40025, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.104" NODE="30:3.0.2.19.17.3.15.5" TYPE="SECTION">
<HEAD>§ 1229.104   Terms of delegation of authority.</HEAD>
<P>Each delegation of authority under this part shall be in writing, shall incorporate all the requirements of this part, and shall specifically include:
</P>
<P>(a) Terms obligating the State to conduct audit and investigative activities for a specific period of time;
</P>
<P>(b) Terms describing the authorities and responsibilities reserved by the ONRR, including, but not limited to, those specified under § 1229.100;
</P>
<P>(c) Terms requiring the State to provide annual audit workplans to include the lease universe by company, or by individual lease accounts, a description of the audit work product(s) to be delivered, and the State resources (staff and otherwise) to be committed to the delegation;
</P>
<P>(d) Terms requiring the State to notify the ONRR of any changed circumstances which would affect the State's ability to carry out the terms of the delegation;
</P>
<P>(e) Terms requiring coordination of delegated activities among the State, the ONRR, and the land management agencies responsible for management of the leases included in the audit universe;
</P>
<P>(f) Terms requiring the State to maintain and make available to the ONRR all audit workpapers, documents, and information gained or developed as a consequence of activities conducted under the delegation;
</P>
<P>(g) Terms obligating the State to adhere to all Federal laws, rules and regulations, and Secretarial determinations and orders relating to the calculation, reporting, and payment of oil and gas royalties, in all activities performed under the delegation.
</P>
<CITA TYPE="N">[49 FR 40026, Oct. 12, 1984] 


</CITA>
</DIV8>


<DIV8 N="§ 1229.105" NODE="30:3.0.2.19.17.3.15.6" TYPE="SECTION">
<HEAD>§ 1229.105   Evidence of Indian agreement to delegation.</HEAD>
<P>In the case of a State seeking a delegation of authority for Indian lands as well as Federal lands, the State petition to the Secretary must be supported by an appropriate resolution or resolutions of tribal councils joining the State in petitioning for delegation and evidence of the agreement of individual Indian allottees whose lands would be involved in a delegation. Such evidence shall specifically speak to having the State assume delegated responsibility for specific functions related to royalty management activities. 
</P>
<CITA TYPE="N">[49 FR 37351, Sept. 21, 1984. Redesignated at 49 FR 40025, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.106" NODE="30:3.0.2.19.17.3.15.7" TYPE="SECTION">
<HEAD>§ 1229.106   Withdrawal of Indian lands from delegated authority.</HEAD>
<P>If at any time an Indian tribe or an individual Indian allottee determines that it wishes to withdraw from the State delegation of authority in relation to its lands, it may do so by sending a petition of withdrawal to the State. Once the petition has been received, the State shall within 30 days cease all activities being carried out under the delegation of authority on the lands covered by the petition for the tribe or allottee.
</P>
<CITA TYPE="N">[49 FR 37351, Sept. 21, 1984. Redesignated at 49 FR 40025, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.107" NODE="30:3.0.2.19.17.3.15.8" TYPE="SECTION">
<HEAD>§ 1229.107   Disbursement of revenues.</HEAD>
<P>(a) The additional royalties and late payment charges resulting from State audit work done under a delegation of authority shall be collected by ONRR. The State's share of any amounts so collected shall be paid to the State in accordance with the provisions of 30 U.S.C. 191 and part 1219 of this title.
</P>
<P>(b) Amounts collected for Indian leases shall be transferred to the appropriate Indian accounts (designated Treasury accounts) managed by the Bureau of Indian Affairs at the earliest practicable date after such funds are received, but in no case later than the last business day of the month in which such funds are received.
</P>
<P>(c) ONRR shall provide to the State on a monthly basis, an accounting of collections resulting from audit work and enforcement actions resulting from a delegation of authority. Such accounting will identify collections broken down by royalties, penalties and interest paid.
</P>
<CITA TYPE="N">[49 FR 40026, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.108" NODE="30:3.0.2.19.17.3.15.9" TYPE="SECTION">
<HEAD>§ 1229.108   Deduction of civil penalties accruing to the State or tribe under the delegation of authority.</HEAD>
<P>Fifty percent of any civil penalty resulting from activities under a delegation of authority shall be shared with the delegated State. However, the amount of the civil penalty shared will be deducted from any Federal funding owed under a delegation of authority under the provisions of 30 U.S.C. 1735. ONRR shall maintain records of civil penalties collected and distributed to the States involved in 30 U.S.C. 1735 delegations. Each quarterly payment will be reduced by the amount of the civil penalties paid to the delegated State or tribe during the prior quarter. 
</P>
<CITA TYPE="N">[49 FR 37351, Sept. 21, 1984. Redesignated at 49 FR 40025, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.109" NODE="30:3.0.2.19.17.3.15.10" TYPE="SECTION">
<HEAD>§ 1229.109   Reimbursement for costs incurred by a State under the delegation of authority.</HEAD>
<P>(a) The Department of the Interior (DOI) shall reimburse the State for 100 percent of the direct cost associated with the activities undertaken under the delegation of authority. The State shall maintain books and records in accordance with the standards established by the DOI and will provide the DOI, on a quarterly basis, a summary of costs incurred for which the State is seeking reimbursement. Only costs as defined under the provisions of 30 U.S.C. 1735 are eligible for reimbursement. 
</P>
<P>(b) The State shall submit a voucher for reimbursement of costs incurred within 30 days of the end of each calendar quarter. 
</P>
<CITA TYPE="N">[49 FR 37351, Sept. 21, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.110" NODE="30:3.0.2.19.17.3.15.11" TYPE="SECTION">
<HEAD>§ 1229.110   Examination of the State activities under delegation.</HEAD>
<P>(a) The Department will carry out an annual examination of the State's delegated activities undertaken under the delegation of authority. 
</P>
<P>(b) The examination required by this section will consist of a management review and a fiscal examination and evaluation to determine—
</P>
<P>(1) That activities being carried out by the State under the delegation of authority meet the standards established by the Department and in particular the provisions of 30 U.S.C. 1735; and 
</P>
<P>(2) That costs incurred by the State under the delegation of authority are eligible for reimbursement by the Department.
</P>
<CITA TYPE="N">[49 FR 37351, Sept. 21, 1984. Redesignated at 49 FR 40025, Oct. 12, 1984]


</CITA>
</DIV8>


<DIV8 N="§ 1229.111" NODE="30:3.0.2.19.17.3.15.12" TYPE="SECTION">
<HEAD>§ 1229.111   Materials furnished to States necessary to perform delegation.</HEAD>
<P>The ONRR shall provide to the State all reports, files, and supporting materials within its possession necessary to allow the State to effectively carry out the terms of the delegation specified in § 1229.104.
</P>
<CITA TYPE="N">[49 FR 40026, Oct. 12, 1984]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="16" NODE="30:3.0.2.19.17.3.16" TYPE="SUBJGRP">
<HEAD>Delegation Requirements</HEAD>

<SOURCE>
<HED>Source:</HED><PSPACE>Sections 229.120 through 229.126 appear at 49 FR 40026, Oct. 12, 1984, unless otherwise noted.


</PSPACE></SOURCE>

<DIV8 N="§ 1229.120" NODE="30:3.0.2.19.17.3.16.13" TYPE="SECTION">
<HEAD>§ 1229.120   Obtaining regulatory and policy guidance.</HEAD>
<P>All activities performed by a State under a delegation must be in full accord with all Federal laws, rules and regulations, and Secretarial and agency determinations and orders relating to the calculation, reporting, and payment of oil and gas royalties. In those cases when guidance or interpretations are necessary, the State will direct written requests for such guidance or interpretation to the appropriate ONRR officials. All policy and procedural guidance or interpretation provided by the ONRR shall be in writing and shall be binding on the State.


</P>
</DIV8>


<DIV8 N="§ 1229.121" NODE="30:3.0.2.19.17.3.16.14" TYPE="SECTION">
<HEAD>§ 1229.121   Recordkeeping requirements.</HEAD>
<P>(a) The State shall maintain in a safe and secure manner all records, workpapers, reports, and correspondence gained or developed as a consequence of audit or investigative activities conducted under the delegation. All such records shall be made available for review and inspection upon request by representatives of the Secretary and the Department's Office of Inspector General (OIG).
</P>
<P>(b) The State must maintain in a confidential manner all data obtained from DOI sources or from payor or company sources under the delegation which have been deemed “confidential or proprietary” by DOI or a company or payor. In this regard, the State regulatory authority shall be bound by provisions of 30 U.S.C. 1733. ONRR shall provide to the State guidelines for determining confidential and proprietary material.
</P>
<P>(c) All records subject to the requirements of paragraph (a) must be maintained for a 6-year period measured from the end of the calendar year in which the records were created. All dispositions or records must be with the written approval of the ONRR. Upon termination of a delegation, the State shall, within 90 days from the date of termination, assemble all records specified in subsection (a), complete all working paper files in accordance with § 1229.124, and transfer such records to the ONRR.
</P>
<P>(d) The State shall maintain complete cost records for the delegation in accordance with generally accepted accounting principles. Such records shall be in sufficient detail to demonstrate the total actual costs associated with the project and to permit a determination by ONRR whether delegation funds were used for their intended purpose. All such records shall be made available for review and inspection upon request by representatives of the Secretary and the Department's Office of Inspector General (OGIG).


</P>
</DIV8>


<DIV8 N="§ 1229.122" NODE="30:3.0.2.19.17.3.16.15" TYPE="SECTION">
<HEAD>§ 1229.122   Coordination of audit activities.</HEAD>
<P>(a) Each State with a delegation of authority shall submit annually to the ONRR an audit workplan specifically identifying leases, resources, companies, and payors scheduled for audit. This workplan must be submitted 120 days prior to the beginning of each fiscal year. A State may request changes to its workplan (including the companies and leases to be audited) at the end of each quarter of each fiscal year. All requested changes are subject to approval by the ONRR and must be submitted in writing.
</P>
<P>(b) When a State plans to audit leases of a lessee or royalty payor for which there is an ONRR or OIG resident audit team, all audit activities must be coordinated through the ONRR or OIG resident supervisor. Such activities include, but are not limited to, issuance of engagement letters, arranging for entrance conferences, submission of data requests, scheduling of audit activities including site visits, submission of issue letters, and closeout conferences.
</P>
<P>(c) The State shall consult with the ONRR and/or OIG regarding resolution of any coordination problems encountered during the conduct of delegation activities.


</P>
</DIV8>


<DIV8 N="§ 1229.123" NODE="30:3.0.2.19.17.3.16.16" TYPE="SECTION">
<HEAD>§ 1229.123   Standards for audit activities.</HEAD>
<P>(a) All audit activities performed under a delegation of authority must be in accordance with the “Standards for Audit of Governmental Organizations, Programs, Activities, and Functions” as issued by the Comptroller General of the United States.
</P>
<P>(b) The following audit standards also shall apply to all audit work performed under a delegation of authority.
</P>
<P>(1) <I>General standards</I>—(i) <I>Qualifications.</I> The auditors assigned to perform the audit must collectively possess adequate professional proficiency for the tasks required, including a knowledge of accounting, auditing, agency regulations, and industry operations.
</P>
<P>(ii) <I>Independence.</I> In all matters relating to the audit work, the audit organization and the individual auditors must be free from personal or external impairments to independence and shall maintain an independent attitude and appearance.
</P>
<P>(iii) <I>Due professional care.</I> Due professional care is to be used in conducting the audit and in preparing related reports.
</P>
<P>(iv) <I>Quality control.</I> The State governments must institute quality control review procedures to ensure that all audits are performed in conformity with the standards established herein.
</P>
<P>(2) <I>Examination and evaluation standards—Standards and requirements for examination and evaluation.</I> Auditors should be alert to situations or transactions that could be indicative of fraud, abuse, or illegal acts with respect to the program. If such evidence exists, auditors should forward this evidence to ONRR. The ONRR will contact the appropriate Federal law enforcement agencies. The scope of examinations are to be governed by the principle of a justifiable relationship between cost and benefit as determined by the auditor or audit supervisor. Audit procedures should reflect the most efficient method of obtaining the requisite degree of satisfaction. The auditor should determine, to the extent possible, the effect on royalty reporting of the non-arms'-length nature of related party transactions, such as transfers of oil to refinery units affiliated with the producer. A review should be made of compliance with the appropriate laws and regulations applicable to program operations. ONRR shall issue guidelines as to the definition and nature of arms'-length and non-arms'-length transactions for use in carrying out delegated audit activities.
</P>
<P>(3) <I>Standards of reporting.</I> (i) Written audit reports are to be submitted to the appropriate ONRR officials at the end of each field examination.
</P>
<P>(ii) A statement in the auditors' report that the examination was made in accordance with the generally accepted program audit standards (including the applicable General Accounting Office (GAO) standards) for royalty compliance audits should be in the appropriate language to indicate that the audit was made in accordance with this statement of standards.
</P>
<P>(iii) The auditor's report should contain a statement of positive assurance on those items tested and negative assurance on those items not tested. It should also include all instances of noncompliance and instances or indications of fraud, abuse, or illegal acts found during or in connection with the audit.
</P>
<P>(iv) The auditor's report should contain any other material deficiency identified during the audit not covered in paragraph (b)(3)(iii) of this section.
</P>
<P>(v) When factors external to the program and to the auditor restrict the audit or interfere with the auditor's ability to form objective opinions and conclusions (such as denial of access to information by a company), the auditor is to notify the ONRR. If the limitation is not removed, a description of the matter must be included in the auditor's report. ONRR will take all legally enforceable steps necessary to seek information necessary to complete the audit.
</P>
<P>(vi) If certain information is prohibited from general disclosure, the auditor's report should state the nature of the information omitted and the requirement that makes the omission necessary.
</P>
<P>(vii) Written audit reports are to be prepared in the format prescribed by the ONRR.
</P>
<P>(viii) In instances where the extent of the audit findings or the amounts involved do not warrant it, a formal audit report need not be issued. In lieu of an audit report, a memorandum of audit findings will be prepared and placed on the case file.
</P>
<CITA TYPE="N">[49 FR 40026, Oct. 12, 1984, as amended at 58 FR 64903, Dec. 10, 1993]


</CITA>
</DIV8>


<DIV8 N="§ 1229.124" NODE="30:3.0.2.19.17.3.16.17" TYPE="SECTION">
<HEAD>§ 1229.124   Documentation standards.</HEAD>
<P>Every audit performed by a State under a delegation of authority must meet certain documentation standards. In particular, detailed workpapers must be developed and maintained.
</P>
<P>(a) <I>Workpapers</I> are defined to include all records obtained or created in performing an audit.
</P>
<P>(b) Each audit performed varies in scope and detail. As a result, the audit team must determine the best presentation of the workpapers for a particular audit. The following general standards of workpaper preparation are consistent with the goal of achieving proper documentation while maintaining sufficient flexibility.
</P>
<P>(1) All relevant information obtained orally must be promptly recorded in writing and incorporated in the workpapers.
</P>
<P>(2) Workpapers must be complete and accurate in order to provide support for findings and conclusions.
</P>
<P>(3) Workpapers should be clear and understandable without the need for supplementary oral explanations. The information they contain must be clear, complete, and concise, so that anyone using the workpapers will be able to readily determine their purpose, the nature and scope of the work done, and the conclusions drawn.
</P>
<P>(4) Workpapers must be legible and as neat as practicable. They must meet standards which allow their use as evidence in judicial and administrative proceedings.
</P>
<P>(5) The information contained in workpapers should be restricted to matters which are materially important and relevant to the objectives established for the assignment.
</P>
<P>(6) Workpapers must be in sufficient detail to permit a subsequent independent execution of each audit procedure, assuming the target company retains its accounting documentation. 


</P>
</DIV8>


<DIV8 N="§ 1229.125" NODE="30:3.0.2.19.17.3.16.18" TYPE="SECTION">
<HEAD>§ 1229.125   Preparation and issuance of enforcement documents.</HEAD>
<P>(a) Determinations of additional royalties due resulting from audit activities conducted under a delegation of authority must be formally communicated by the State, to the companies or other payors by an issue letter prior to any enforcement action. The issue letter will serve to ensure that all audit findings are accurate and complete by obtaining advance comments from officials of the companies or payors audited. Issue letters must be prepared in a format specified by the ONRR, and transmitted to the company or payor. The company or payor shall be given 30 days from receipt of the letter to respond to the State on the findings contained in the letter.
</P>
<P>(b) After evaluating the company or payor's response to the issue letter, the State shall draft a demand letter which will be submitted with supporting workpaper files to the ONRR for appropriate enforcement action. Any substantive revisions to the demand letter will be discussed with the State prior to issuance of the letter. Copies of all enforcement action documents shall be provided to the State by ONRR upon their issuance to the company or payor.


</P>
</DIV8>


<DIV8 N="§ 1229.126" NODE="30:3.0.2.19.17.3.16.19" TYPE="SECTION">
<HEAD>§ 1229.126   Appeals.</HEAD>
<P>(a) Appeals made pursuant to the rules and procedures at 30 CFR parts 1243 and 1290 related to demand letters issued by officers of the ONRR for additional royalties identified under a delegation of authority shall be filed with the ONRR for processing. The State regulatory authority shall, upon the request of the ONRR, provide competent and knowledgeable staff for testimony, as well as any required documentation and analyses, in support of the lessor's position during the appeal process.
</P>
<P>(b) An affected State, upon the request of the ONRR, shall provide expert witnesses from their audit staff for testimony as well as required documentation and analyses to support the Department's position during the litigation of court cases arising from denied appeals. The cost of providing expert witnesses including travel and per diem is reimbursable under the provisions of a delegation of authority, at the Federal Government's existing per diem rates.


</P>
</DIV8>


<DIV8 N="§ 1229.127" NODE="30:3.0.2.19.17.3.16.20" TYPE="SECTION">
<HEAD>§ 1229.127   Reports from States.</HEAD>
<P>The State, acting under the authority of the Secretarial delegation, shall submit quarterly reports which will summarize activities carried out by the State during the preceding quarter of the year under the provisions of the delegation. The report shall include: 
</P>
<P>(a) A statistical summary of the activities carried out, e.g., number of audits performed, accounts reconciled, and other actions taken; 
</P>
<P>(b) A summary of costs incurred during the previous quarter for which the State is seeking reimbursement; and 
</P>
<P>(c) A schedule of changes which the State proposes to make from its approved plan. 
</P>
<CITA TYPE="N">[49 FR 37351, Sept. 21, 1984. Redesignated at 49 FR 40025, Oct. 12, 1984]
</CITA>
</DIV8>

</DIV7>

</DIV6>

</DIV5>


<DIV5 N="1241" NODE="30:3.0.2.19.18" TYPE="PART">
<HEAD>PART 1241—PENALTIES


</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>25 U.S.C. 396 <I>et seq.</I>, 396a <I>et seq.</I>, 2101 <I>et seq.</I>; 30 U.S.C. 181 <I>et seq.</I>, 351 <I>et seq.</I>, 1001 <I>et seq.</I>, 1701 <I>et seq.</I>; 43 U.S.C. 1301 <I>et seq.</I>, 1331 <I>et seq.</I>, 1801 <I>et seq.</I>


</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>81 FR 50316, Aug. 1, 2016, unless otherwise noted.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.18.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 1241.1" NODE="30:3.0.2.19.18.1.19.1" TYPE="SECTION">
<HEAD>§ 1241.1   What is the purpose of this part?</HEAD>
<P>This part explains:
</P>
<P>(a) When you may receive a NONC, FCCP, or ILCP.
</P>
<P>(b) How ONRR assesses a civil penalty.
</P>
<P>(c) How to appeal a NONC, FCCP, or ILCP.


</P>
</DIV8>


<DIV8 N="§ 1241.2" NODE="30:3.0.2.19.18.1.19.2" TYPE="SECTION">
<HEAD>§ 1241.2   What leases are subject to this part?</HEAD>
<P>This part applies to:
</P>
<P>(a) All Federal mineral leases onshore and on the OCS.
</P>
<P>(b) All Federally-administered mineral leases on Indian Tribal and individual Indian mineral owners' lands, regardless of the statutory authority under which the lease was issued or maintained.
</P>
<P>(c) All easements, rights of way, and other agreements subject to 43 U.S.C. 1337(p).


</P>
</DIV8>


<DIV8 N="§ 1241.3" NODE="30:3.0.2.19.18.1.19.3" TYPE="SECTION">
<HEAD>§ 1241.3   What definitions apply to this part?</HEAD>
<P>(a) Unless specifically defined in paragraph (b) of this section, the terms in this part have the same meaning as in 30 U.S.C. 1702.
</P>
<P>(b) The following definitions apply to this part:
</P>
<P><I>Agent</I> means any individual or other person with the actual authority of, with the apparent authority of, or designated by a person subject to FOGRMA who acts or who, with apparent authority, appears to act on behalf of the person subject to FOGRMA.
</P>
<P><I>ALJ</I> means an Administrative Law Judge in the DCHD.
</P>
<P><I>Assessment</I> means a civil penalty set out in a FCCP or ILCP; it includes a dollar amount per violation for each day the violation continues. In this part “assessment” is used consistent with 30 U.S.C. 1719(k), but is distinguishable from “assessment” as defined in 30 U.S.C. 1702(19) and used in 30 U.S.C. 1702(25). Correspondence that we send to you to update you on the amount of penalties accrued or outstanding under a FCCP or ILCP we previously served on you is not an assessment.
</P>
<P><I>DCHD</I> means the Departmental Cases Hearings Division, Office of Hearings and Appeals.
</P>
<P><I>FCCP</I> means a Failure to Correct Civil Penalty Notice; it assesses a civil penalty if you fail to correct a violation identified in a NONC.
</P>
<P><I>FOGRMA</I> means the Federal Oil and Gas Royalty Management Act.
</P>
<P><I>IBLA</I> means the Interior Board of Land Appeals, Office of Hearings and Appeals.
</P>
<P><I>ILCP</I> means an Immediate Liability Civil Penalty Notice; it identifies a violation and assesses a civil penalty for the violation even if you have not been provided prior notice and an opportunity to correct the violation.
</P>
<P><I>Information</I> means any data that you provide to an ONRR data system, or otherwise provide to us for our official records, including, but not limited to, any report, notice, affidavit, record, data, or document that you provide to us, any document that you provide to us in response to our request, and any other written information that you provide to us.
</P>
<P><I>Knowingly or willfully</I> includes an act or failure to act committed with:
</P>
<P>(i) Actual knowledge;
</P>
<P>(ii) Deliberate ignorance; or
</P>
<P>(iii) Reckless disregard of the facts surrounding the event or violation; it requires no proof of specific intent to defraud.
</P>
<P><I>Maintains false, inaccurate, or misleading information</I> includes providing information to an ONRR data system, or otherwise to us for our official records, and later learning that the information that you provided was false, inaccurate, or misleading, and you do not correct that information or other information that you provided to us that you know or should know contains the same false, inaccurate, or misleading information.
</P>
<P><I>NONC</I> means a Notice of Noncompliance; it identifies a violation, specifies the corrective action that must be taken, and establishes the deadline for such action to avoid a civil penalty.
</P>
<P><I>Notice</I> means a NONC, FCCP, or ILCP, as defined in this section.
</P>
<P><I>OCS</I> means the Outer Continental Shelf.
</P>
<P><I>ONRR</I> means the Office of Natural Resources Revenue (also referred to in the regulations as “we,” “our,” and “us,” as appropriate).
</P>
<P><I>RSFA</I> means the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996.
</P>
<P><I>Submits false, inaccurate, or misleading information</I> means that you provide false, inaccurate, or misleading information to an ONRR data system, or otherwise to us for our official records.
</P>
<P><I>Violation</I> means any action or failure to take action that is inconsistent with the provisions of FOGRMA, RSFA, a regulation promulgated under either of those Acts, or a Federal or Indian lease as defined by FOGRMA, as amended.
</P>
<P><I>You</I> (<I>I</I>) means the recipient of a NONC, FCCP, or ILCP.


</P>
</DIV8>


<DIV8 N="§ 1241.4" NODE="30:3.0.2.19.18.1.19.4" TYPE="SECTION">
<HEAD>§ 1241.4   How will ONRR serve a Notice?</HEAD>
<P>(a) We will serve a NONC, FCCP, or ILCP as set out in FOGRMA section 109(h) (30 U.S.C. 1719) by registered mail or personal service to the addressee of record or alternate, as identified in 30 CFR 1218.540.
</P>
<P>(b) We will consider the Notice served on the date when it was delivered to the addressee of record or alternate, as identified in 30 CFR 1218.540.


</P>
</DIV8>


<DIV8 N="§ 1241.5" NODE="30:3.0.2.19.18.1.19.5" TYPE="SECTION">
<HEAD>§ 1241.5   Which ONRR enforcement actions are subject to a hearing?</HEAD>
<P>Except as provided by § 1241.6, you may request a hearing on:
</P>
<P>(a) A NONC to contest your liability.
</P>
<P>(b) A FCCP to contest only the civil penalty amount, unless a request for hearing was filed under paragraph (a) of this section; in which case, the requests for hearing filed under paragraph (a) and this paragraph (b) will be combined into a single proceeding.
</P>
<P>(c) An ILCP to contest your liability, civil penalty amount, or both. If your hearing request does not state whether you are contesting your liability for the ILCP or the penalty amount, or both, you will be deemed to have requested a hearing only on the penalty amount.
</P>
<P>(d) You may request a hearing even if you correct the violation identified in a Notice.


</P>
</DIV8>


<DIV8 N="§ 1241.6" NODE="30:3.0.2.19.18.1.19.6" TYPE="SECTION">
<HEAD>§ 1241.6   Which ONRR enforcement actions are not subject to a hearing?</HEAD>
<P>You may not request a hearing on:
</P>
<P>(a) Your liability under an order identified in a NONC, FCCP, or ILCP if you did not appeal in a timely manner the order under 30 CFR part 1290 or you appealed in a timely manner the order under 30 CFR part 1290 but have exhausted your appeal rights.
</P>
<P>(b) Any correspondence that we send to you to update you on the amount of penalties accrued or outstanding under a FCCP or ILCP ONRR previously served on you.


</P>
</DIV8>


<DIV8 N="§ 1241.7" NODE="30:3.0.2.19.18.1.19.7" TYPE="SECTION">
<HEAD>§ 1241.7   How do I request a hearing on the record on a Notice?</HEAD>
<P>You may request a hearing on the record before an ALJ on a Notice by filing a request within 30 days of the date of service of the Notice with the DCHD, at the address indicated in your Notice. The 30 day-period to request a hearing on the record will not be extended for any reason.


</P>
</DIV8>


<DIV8 N="§ 1241.8" NODE="30:3.0.2.19.18.1.19.8" TYPE="SECTION">
<HEAD>§ 1241.8   How will DCHD conduct the hearing on the record?</HEAD>
<P>If you request a hearing on the record under § 1241.7, an ALJ will conduct the hearing under the provisions of 43 CFR 4.420 through 4.438, except when the provisions are inconsistent with the provisions of this part. We have the burden of proving, by a preponderance of the evidence, the fact of the violation and the basis for the amount of the civil penalty. Upon completion of the hearing, the ALJ will issue a decision according to the evidence presented and the applicable law.


</P>
</DIV8>


<DIV8 N="§ 1241.9" NODE="30:3.0.2.19.18.1.19.9" TYPE="SECTION">
<HEAD>§ 1241.9   May I appeal the ALJ's decision?</HEAD>
<P>If you are adversely affected by the ALJ's decision, you may appeal that decision to the IBLA under 43 CFR part 4, subpart E.


</P>
</DIV8>


<DIV8 N="§ 1241.10" NODE="30:3.0.2.19.18.1.19.10" TYPE="SECTION">
<HEAD>§ 1241.10   May I seek judicial review of the IBLA decision?</HEAD>
<P>You may seek judicial review of the IBLA decision under 30 U.S.C. 1719(j) in Federal District Court. You must file a suit for judicial review in Federal District Court within 90 days after the final IBLA decision.


</P>
</DIV8>


<DIV8 N="§ 1241.11" NODE="30:3.0.2.19.18.1.19.11" TYPE="SECTION">
<HEAD>§ 1241.11   Does my hearing request affect a penalty?</HEAD>
<P>(a) If you do not correct the violation identified in a Notice, any penalty will continue to accrue, even if you request a hearing, except as provided in paragraph (b) of this section.
</P>
<P>(b) <I>Standards and procedures for obtaining a stay.</I> If you request in a timely manner a hearing on a Notice, you may petition the DCHD to stay the assessment or accrual of penalties pending the hearing on the record and a decision by the ALJ under § 1241.8.
</P>
<P>(1) You must file your petition for stay within 45 calendar days after you receive a Notice.
</P>
<P>(2) You must file your petition for stay under 43 CFR 4.21(b), in which event:
</P>
<P>(i) We may file a response to your petition within 30 days after service.
</P>
<P>(ii) The 45-day requirement set out in 43 CFR 4.21(b)(4) for the ALJ to grant or deny the petition does not apply.
</P>
<P>(3) If the ALJ determines that a stay is warranted, the ALJ will issue an order granting your petition, subject to your satisfaction of the following condition: within 10 days of your receipt of the order, you must post a bond or other surety instrument using the same standards and requirements as prescribed in 30 CFR part 1243, subpart B; or demonstrate financial solvency using the same standards and requirements as prescribed in 30 CFR part 1243, subpart C, for any specified, unpaid principal amount that is the subject of the Notice, any interest accrued on the principal, and the amount of any penalty set out in a Notice accrued up to the date of the ALJ order conditionally granting your petition.
</P>
<P>(4)(i) If you satisfy the condition to post a bond or surety instrument or demonstrate financial solvency under paragraph (b)(3) of this section, the accrual of penalties will be stayed effective on the date of the ALJ's order conditionally granting your petition.
</P>
<P>(ii) If you fail to satisfy the condition to post a bond or surety instrument or demonstrate financial solvency under paragraph (b)(3) of this section, penalties will continue to accrue.
</P>
<P>(5) Notwithstanding paragraphs (b)(1), (2), (3), and (4) of this section, if the ALJ determines that your defense to a Notice is frivolous, and a civil penalty is owed, you will forfeit the benefit of the stay, and penalties will be calculated as if no stay had been granted.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.18.2" TYPE="SUBPART">
<HEAD>Subpart B—Notices of Noncompliance and Civil Penalties</HEAD>


<DIV7 N="19" NODE="30:3.0.2.19.18.2.19" TYPE="SUBJGRP">
<HEAD>Penalties With a Period To Correct</HEAD>


<DIV8 N="§ 1241.50" NODE="30:3.0.2.19.18.2.19.1" TYPE="SECTION">
<HEAD>§ 1241.50   What may ONRR do if I violate a statute, regulation, order, or lease term relating to a lease subject to this part?</HEAD>
<P>If we determine that you have not followed any requirement of a statute, regulation, order, or a term of a lease subject to this part, we may serve you with a NONC explaining:
</P>
<P>(a) What the violation is.
</P>
<P>(b) How to correct the violation to avoid a civil penalty.
</P>
<P>(c) That you have 20 days after the date on which you are served the NONC to correct the violation, unless the NONC specifies a longer period.


</P>
</DIV8>


<DIV8 N="§ 1241.51" NODE="30:3.0.2.19.18.2.19.2" TYPE="SECTION">
<HEAD>§ 1241.51   What if I correct the violation identified in a NONC?</HEAD>
<P>If you correct all of the violations that we identified in the NONC within 20 days after the date on which you are served the NONC, or any longer period for correction that the NONC specifies, we will close the matter and will not assess a civil penalty. However, we will consider these violations as part of your history of noncompliance for future penalty assessments under § 1241.70(a)(2).


</P>
</DIV8>


<DIV8 N="§ 1241.52" NODE="30:3.0.2.19.18.2.19.3" TYPE="SECTION">
<HEAD>§ 1241.52   What if I do not correct the violation identified in a NONC?</HEAD>
<P>(a) If you do not correct all of the violations that we identified in the NONC within 20 days after the date on which you are served the NONC, or any longer period that the NONC specifies for correction, then we may send you an FCCP.
</P>
<P>(1) The FCCP will state the amount of the penalty that you must pay. The penalty will:
</P>
<P>(i) Begin to run on the day on which you were served with the NONC.
</P>
<P>(ii) Continue to accrue for each violation identified in the NONC until it is corrected.
</P>
<P>(2) The penalty may be up to $1,562 per day for each violation identified in the NONC that you have not corrected.
</P>
<P>(b) If you do not correct all of the violations identified in the NONC within 40 days after you are served the NONC, or within 20 days following the expiration of any period longer than 20 days that the NONC specifies for correction, then we may increase the penalty to a maximum of $15,628 per day for each violation identified in the NONC that you have not corrected. The increased penalty will:
</P>
<P>(1) Begin to run on the 40th day after the date on which you were served the NONC, or on the 20th day after the expiration of any period longer than 20 days that the NONC specifies for correction.
</P>
<P>(2) Continue to accrue for each violation identified in the NONC until it is corrected.
</P>
<CITA TYPE="N">[81 FR 50316, Aug. 1, 2016, as amended at 82 FR 18860, Apr. 24, 2017; 83 FR 2909, Jan. 22, 2018; 84 FR 8418, Mar. 8, 2019; 85 FR 7223, Feb. 7, 2020; 86 FR 7810, Feb. 2, 2021; 87 FR 1673, Jan. 12, 2022; 88 FR 2522, Jan. 17, 2023; 89 FR 3886, Jan. 22, 2024; 90 FR 1879, Jan. 10, 2025]


</CITA>
</DIV8>

</DIV7>


<DIV7 N="20" NODE="30:3.0.2.19.18.2.20" TYPE="SUBJGRP">
<HEAD>Penalties Without a Period To Correct</HEAD>


<DIV8 N="§ 1241.60" NODE="30:3.0.2.19.18.2.20.4" TYPE="SECTION">
<HEAD>§ 1241.60   Am I subject to a penalty without prior notice and an opportunity to correct?</HEAD>
<P>(a) We may assess a penalty for a violation identified in paragraph (b) of this section without prior notice or first giving you an opportunity to correct the violation. We will inform you of a violation without a period to correct by issuing an ILCP explaining:
</P>
<P>(1) What the violation is.
</P>
<P>(2) The amount of the civil penalty. The civil penalty for such a violation begins running on the day it was committed.
</P>
<P>(b) ONRR may assess a civil penalty of up to:
</P>
<P>(1) $31,252 per day, per violation for each day that the violation continues if you:
</P>
<P>(i) Knowingly or willfully fail to make any royalty payment by the date specified by statute, regulation, order, or a term of the lease.
</P>
<P>(ii) Fail or refuse to permit lawful entry, inspection, or audit, including refusal to keep, maintain, or produce documents.
</P>
<P>(2) $78,134 per day, per violation for each day that the violation continues if you knowingly or willfully prepare, maintain, or submit a false, inaccurate, or misleading report, notice, affidavit, record, data, or any other written information.
</P>
<P>(c) We may use any information as evidence that you knowingly or willfully committed a violation, including:
</P>
<P>(1) The act and failure to act of your employee or agent.
</P>
<P>(2) An email indicating your concurrence with an issue.
</P>
<P>(3) An order that you did not appeal or an order, NONC, or ILCP for which no further appeal is available.
</P>
<P>(4) Any written or oral communication, identifying a violation which:
</P>
<P>(i) You acknowledge as true and fail to correct.
</P>
<P>(ii) You fail to or cannot further appeal and fail to correct.
</P>
<P>(iii) You correct, but you subsequently commit the same violation.
</P>
<CITA TYPE="N">[81 FR 50316, Aug. 1, 2016, as amended at 82 FR 18860, Apr. 24, 2017; 83 FR 2909, Jan. 22, 2018; 84 FR 8418, Mar. 8, 2019; 85 FR 7223, Feb. 7, 2020; 86 FR 7810, Feb. 2, 2021; 87 FR 1673, Jan. 12, 2022; 88 FR 2522, Jan. 17, 2023; 89 FR 3886, Jan. 22, 2024; 90 FR 1880, Jan. 10, 2025]


</CITA>
</DIV8>

</DIV7>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.18.3" TYPE="SUBPART">
<HEAD>Subpart C—Penalty Amount, Interest, and Collections</HEAD>


<DIV8 N="§ 1241.70" NODE="30:3.0.2.19.18.3.21.1" TYPE="SECTION">
<HEAD>§ 1241.70   How does ONRR decide the amount of the penalty to assess?</HEAD>
<P>(a) ONRR will determine the amount of the penalty to assess by considering:
</P>
<P>(1) The severity of the violation.
</P>
<P>(2) Your history of noncompliance.
</P>
<P>(3) The size of your business. To determine the size of your business, we may consider the number of employees in your company, parent company or companies, and any subsidiaries and contractors.
</P>
<P>(b) We will not consider the royalty consequence of the underlying violation when determining the amount of the civil penalty for a violation under § 1241.50 or § 1241.60(b)(1)(ii) or (b)(2).
</P>
<P>(c) We will post the FCCP and ILCP assessment matrices and any adjustments to the matrices on our Web site.


</P>
</DIV8>


<DIV8 N="§ 1241.71" NODE="30:3.0.2.19.18.3.21.2" TYPE="SECTION">
<HEAD>§ 1241.71   Do I owe interest on both the penalty amount and any underlying underpayment or unpaid debt?</HEAD>
<P>(a) A penalty under this part is in addition to interest that you may owe on any underlying underpayment or unpaid debt.
</P>
<P>(b) If you do not pay the penalty amount by the due date in the bill accompanying the FCCP or ILCP, you will owe late payment interest on the penalty amount under 30 CFR 1218.54 from the date when the civil penalty payment became due under § 1241.72 until the date when you pay the civil penalty amount.


</P>
</DIV8>


<DIV8 N="§ 1241.72" NODE="30:3.0.2.19.18.3.21.3" TYPE="SECTION">
<HEAD>§ 1241.72   When must I pay the penalty?</HEAD>
<P>(a) If you do not request a hearing on a FCCP or ILCP under this part, you must pay the penalty amount by the due date specified in the bill accompanying the FCCP or ILCP.
</P>
<P>(b) If you request a hearing on a FCCP or ILCP under this part, the ALJ affirms the civil penalty; and
</P>
<P>(1) You do not appeal the ALJ's decision to the IBLA under § 1241.9, you must pay the civil penalty amount determined by the ALJ within 30 days of the ALJ's decision; or
</P>
<P>(2) You appeal the ALJ's decision to the IBLA under § 1241.9, and IBLA affirms a civil penalty; and
</P>
<P>(i) You do not seek judicial review of the IBLA's decision under 30 U.S.C. 1719(j), you must pay the civil penalty amount that IBLA determines within 120 days of the IBLA decision; or
</P>
<P>(ii) You seek judicial review of the IBLA decision, and a court of competent jurisdiction affirms the penalty, you must pay the penalty assessed within 30 days after the court enters a final non-appealable judgment.


</P>
</DIV8>


<DIV8 N="§ 1241.73" NODE="30:3.0.2.19.18.3.21.4" TYPE="SECTION">
<HEAD>§ 1241.73   May ONRR reduce my penalty once it is assessed?</HEAD>
<P>ONRR's Director or his or her delegate may compromise or reduce a civil penalty assessed under this part.


</P>
</DIV8>


<DIV8 N="§ 1241.74" NODE="30:3.0.2.19.18.3.21.5" TYPE="SECTION">
<HEAD>§ 1241.74   How may ONRR collect my penalty?</HEAD>
<P>(a) If you do not pay a civil penalty amount by the date when payment is due under § 1241.72, we may use all available means to collect the penalty, including but not limited to:
</P>
<P>(1) Requiring the lease surety, for an amount owed by a lessee, to pay the penalty.
</P>
<P>(2) Deducting the amount of the penalty from any sum that the United States owes you.
</P>
<P>(3) Referring the debt to the Department of the Treasury for collection under 30 CFR part 1218, subpart J.
</P>
<P>(4) Using the judicial process to compel your payment under 30 U.S.C. 1719(k).
</P>
<P>(b) If ONRR uses the judicial process to compel your payment, or if you seek judicial review under 30 U.S.C. 1719(j), and the court upholds the assessment of a penalty, the court will have jurisdiction to award the penalty amount assessed plus interest from the date of the expiration of the 90-day period referred to in 30 U.S.C. 1719(j).


</P>
</DIV8>

</DIV6>

</DIV5>


<DIV5 N="1243" NODE="30:3.0.2.19.19" TYPE="PART">
<HEAD>PART 1243—SUSPENSIONS PENDING APPEAL AND BONDING—OFFICE OF NATURAL RESOURCES REVENUE
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.;</I> 25 U.S.C. 396 <I>et seq.,</I> 396a <I>et seq.,</I> 2101 <I>et seq.;</I> 30 U.S.C. 181 <I>et seq.,</I> 351 <I>et seq.,</I> 1001 <I>et seq.,</I> 1701 <I>et seq.;</I> 31 U.S.C. 9701; 43 U.S.C. 1301 <I>et seq.,</I> 1331 <I>et seq.,</I> and 1801 <I>et seq.</I>
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>64 FR 26254, May 13, 1999, unless otherwise noted. Redesignated at 75 FR 61087, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV6 N="A" NODE="30:3.0.2.19.19.1" TYPE="SUBPART">
<HEAD>Subpart A—General Provisions</HEAD>


<DIV8 N="§ 1243.1" NODE="30:3.0.2.19.19.1.21.1" TYPE="SECTION">
<HEAD>§ 1243.1   What is the purpose of this part?</HEAD>
<P>This part applies to you if you are a lessee or recipient of an order. This part explains:
</P>
<P>(a) How you may suspend compliance with an order that you (or your designee if you are a lessee) have appealed under 30 CFR part 290 in effect prior to May 13, 1999 and contained in the 30 CFR, parts 200 to 699, edition revised as of July 1, 1998, or under 30 CFR part 290, subpart b; and
</P>
<P>(b) When you or another person acting on your behalf must submit a bond or other surety or demonstrate financial solvency.


</P>
</DIV8>


<DIV8 N="§ 1243.2" NODE="30:3.0.2.19.19.1.21.2" TYPE="SECTION">
<HEAD>§ 1243.2   What leases are subject to this part?</HEAD>
<P>This part applies to all Federal mineral leases onshore and on the Outer Continental Shelf (OCS), and to all federally-administered mineral leases on Indian tribal and individual Indian mineral owners' lands.


</P>
</DIV8>


<DIV8 N="§ 1243.3" NODE="30:3.0.2.19.19.1.21.3" TYPE="SECTION">
<HEAD>§ 1243.3   What definitions apply to this part?</HEAD>
<P><I>Assessment</I> means any fee or charge levied or imposed by the Secretary or a delegated State other than:
</P>
<P>(1) The principal amount of any royalty, minimum royalty, rental, bonus, net profit share or proceed of sale;
</P>
<P>(2) Any interest; or
</P>
<P>(3) Any civil or criminal penalty.
</P>
<P><I>Designee</I> means the person designated by a lessee under § 1218.52 of this title to make all or part of the royalty or other payments due on a lease on the lessee's behalf.
</P>
<P><I>Lessee</I> means any person to whom the United States, or the United States on behalf of an Indian tribe or individual Indian mineral owner, issues a lease, or any person to whom all or part of the lessee's interest or operating rights in a lease has been assigned.
</P>
<P><I>ONRR bond-approving officer</I> means the Deputy Director for Office of Natural Resources Revenue or an official to whom the Deputy Director delegates that responsibility.
</P>
<P><I>ONRR-specified surety instrument</I> means an ONRR-specified administrative appeal bond, an ONRR-specified irrevocable letter of credit, a Treasury book-entry bond or note, or a financial institution book-entry certificate of deposit.
</P>
<P><I>Notice of order</I> means the notice that ONRR or a delegated State issues to a lessee that informs the lessee that ONRR or the delegated State has issued an order to the lessee's designee.
</P>
<P><I>Order</I> means an order appealable under 30 CFR part 290 in effect prior to May 13, 1999 and contained in the 30 CFR, parts 200 to 699, edition revised as of July 1, 1998, under 30 CFR part 290 subpart B, or under 30 CFR part 1208.
</P>
<P><I>Person</I> means any individual, firm, corporation, association, partnership, consortium, or joint venture.
</P>
<CITA TYPE="N">[64 FR 26254, May 13, 1999, as amended at 67 FR 19113, Apr. 18, 2002]


</CITA>
</DIV8>


<DIV8 N="§ 1243.4" NODE="30:3.0.2.19.19.1.21.4" TYPE="SECTION">
<HEAD>§ 1243.4   How do I suspend compliance with an order?</HEAD>
<P>(a) If you timely appeal an order, and if that order or portion of that order:
</P>
<P>(1) Requires you to make a payment, and you want to suspend compliance with that order, you must post a bond or other surety instrument or demonstrate financial solvency under this part, except as provided in paragraph (b) of this section; or
</P>
<P>(2) Does not require you to make a payment, compliance with that order is suspended when you meet all requirements to file that appeal.
</P>
<P>(b) You need not meet the requirements of paragraph (a) of this section if:
</P>
<P>(1) The order is an assessment; or
</P>
<P>(2) Another person agrees to fulfill these requirements on your behalf under § 1243.5.


</P>
</DIV8>


<DIV8 N="§ 1243.5" NODE="30:3.0.2.19.19.1.21.5" TYPE="SECTION">
<HEAD>§ 1243.5   May another person post a bond or other surety instrument or demonstrate financial solvency on my behalf?</HEAD>
<P>Any other person, including a designee, payor, or affiliate, may post a bond or other surety instrument or demonstrate financial solvency under this part on behalf of an appellant required to post a bond or other surety instrument under § 1243.4(a)(1).


</P>
</DIV8>


<DIV8 N="§ 1243.6" NODE="30:3.0.2.19.19.1.21.6" TYPE="SECTION">
<HEAD>§ 1243.6   When must I or another person meet the bonding or financial solvency requirements under this part?</HEAD>
<P>If you must meet the bonding or financial solvency requirements under § 1243.4(a)(1), or if another person is meeting your bonding or financial solvency requirements, then either you or the other person must post a bond or other surety instrument or demonstrate financial solvency within 60 days after you receive the order or the Notice of Order.


</P>
</DIV8>


<DIV8 N="§ 1243.7" NODE="30:3.0.2.19.19.1.21.7" TYPE="SECTION">
<HEAD>§ 1243.7   What must a person do when posting a bond or other surety instrument or demonstrating financial solvency on behalf of an appellant?</HEAD>
<P>If you assume an appellant's responsibility to post a bond or other surety instrument or demonstrate financial solvency under § 1243.5, you:
</P>
<P>(a) Must notify ONRR in writing at the address specified in § 1243.200(a) that you are assuming the appellant's responsibility under this part;
</P>
<P>(b) May not assert that you are not otherwise liable for royalties or other payments under 30 U.S.C. 1712(a), or any other theory, as a defense if ONRR calls your bond or requires you to pay based on your demonstration of financial solvency; and
</P>
<P>(c) May end your voluntarily-assumed responsibility for posting a bond or other surety instrument only after the appellant under this part either:
</P>
<P>(1) Pays or posts a bond or other surety instrument; or
</P>
<P>(2) Demonstrates financial solvency.


</P>
</DIV8>


<DIV8 N="§ 1243.8" NODE="30:3.0.2.19.19.1.21.8" TYPE="SECTION">
<HEAD>§ 1243.8   When will ONRR suspend my obligation to comply with an order?</HEAD>
<P>(a) <I>Federal leases.</I> Subject to paragraph (d) of this section, if you appeal an order regarding the payment and reporting of royalties and other payments due from Federal mineral leases onshore or on the Outer Continental Shelf (OCS), and:
</P>
<P>(1) If the amount under appeal is less than $10,000 or does not require payment of a specified amount, ONRR will suspend your obligation to comply with the order. ONRR will use the lease surety posted with the Bureau of Land Management for onshore leases, and Bureau of Ocean Energy Management for OCS leases, as collateral for the obligation; or
</P>
<P>(2) If the amount under appeal is $10,000 or more, ONRR will suspend your obligation to comply with that order if you:
</P>
<P>(i) Submit an ONRR-specified surety instrument under subpart B of this part within a time period ONRR prescribes; or
</P>
<P>(ii) Demonstrate financial solvency under subpart C.
</P>
<P>(b) <I>Indian leases.</I> Subject to paragraph (d) of this section, if you appeal an order regarding the payment and reporting of royalties and other payments due from Indian mineral leases subject to this part, and:
</P>
<P>(1) If the amount under appeal is less than $1,000 or does not require payment, ONRR will suspend your obligation to comply with the order. ONRR will use the lease surety posted with the Bureau of Indian Affairs as collateral for the obligation; or
</P>
<P>(2) If the amount under appeal is $1,000 or more, ONRR will suspend your obligation to comply with that order if you submit an ONRR-specified surety instrument under subpart B of this part within a time period ONRR prescribes.
</P>
<P>(c) Nothing in this part prohibits you from paying any demanded amount or complying with any other requirement pending appeal. However, voluntarily paying any demanded amount or otherwise complying with any other requirement when suspension of an order is otherwise available under these rules does not create judicially reviewable final agency action under 5 U.S.C. 704.
</P>
<P>(d) Regardless of the amount under appeal, ONRR may inform you that it will not suspend your obligation to comply with the order under paragraph (a) or (b) of this section because suspension would harm the interests of the United States or the Indian lessor.


</P>
</DIV8>


<DIV8 N="§ 1243.9" NODE="30:3.0.2.19.19.1.21.9" TYPE="SECTION">
<HEAD>§ 1243.9   Will ONRR continue to suspend my obligation to comply with an order if I seek judicial review in a Federal court?</HEAD>
<P>(a) If you seek judicial review of an IBLA decision or other final action of the Department of the Interior regarding an order, ONRR will suspend your obligation to comply with that order pending judicial review if you continue to meet the requirements of this part.
</P>
<P>(b) Notwithstanding the provisions of paragraph (a) of this section, ONRR may decide that it will not suspend your obligation to comply with an order. ONRR will notify you in writing of that decision and the reasons for it.


</P>
</DIV8>


<DIV8 N="§ 1243.10" NODE="30:3.0.2.19.19.1.21.10" TYPE="SECTION">
<HEAD>§ 1243.10   When will ONRR collect against a bond or other surety instrument or a person demonstrating financial solvency?</HEAD>
<P>(a) This section applies to you if, for an appeal of an order under this part, you:
</P>
<P>(1) Maintain a bond or an ONRR-specified surety instrument on your own behalf or for another person; or
</P>
<P>(2) Have demonstrated financial solvency on your own behalf or for another person.
</P>
<P>(b) ONRR may initiate collection against the bond or other surety instrument or the person demonstrating financial solvency:
</P>
<P>(1) If the ONRR Director or the Deputy Commissioner of Indian Affairs decides your appeal adversely to you and you do not pay the amount due or appeal that decision to the IBLA under 43 CFR part 4, subpart E;
</P>
<P>(2) If the IBLA, the Director of the Office of Hearings and Appeals, an Assistant Secretary, or the Secretary decides your appeal adversely to you, and you do not pay the amount due or pursue judicial review within 90 days of the decision;
</P>
<P>(3) If a court of competent jurisdiction issues a final non-appealable decision adverse to you, and you do not pay the amount due within 30 days of the decision;
</P>
<P>(4) If you do not increase the amount of your bond or other surety instrument as required under § 1243.101(b), or otherwise fail to maintain an adequate surety instrument in effect, and you do not pay the amount due under the order within 30 days of notice from ONRR under § 1243.101(b);
</P>
<P>(5) If the obligation to comply with an order or decision is not suspended under § 1243.8 or § 1243.9 and you do not pay the amount required under the order or decision; or
</P>
<P>(6) If the ONRR bond-approving officer determines that you are no longer financially solvent under § 1243.202(c), and you do not pay the order amount or post a bond or other ONRR-specified surety instrument under subpart B within 30 days of that determination.


</P>
</DIV8>


<DIV8 N="§ 1243.11" NODE="30:3.0.2.19.19.1.21.11" TYPE="SECTION">
<HEAD>§ 1243.11   May I appeal the ONRR bond-approving officer's determination of my surety amount or financial solvency?</HEAD>
<P>Any decision on your surety amount under subpart B or your financial solvency under subpart C is final and is not subject to appeal.


</P>
</DIV8>


<DIV8 N="§ 1243.12" NODE="30:3.0.2.19.19.1.21.12" TYPE="SECTION">
<HEAD>§ 1243.12   May I substitute a demonstration of financial solvency for a bond posted before the effective date of this rule?</HEAD>
<P>If you appealed an order before June 14, 1999 and you submitted an ONRR-specified surety instrument to suspend compliance with that order, you may replace the surety with a demonstration of financial solvency under this part at an administratively convenient time, such as when the surety instrument is due for renewal.


</P>
</DIV8>

</DIV6>


<DIV6 N="B" NODE="30:3.0.2.19.19.2" TYPE="SUBPART">
<HEAD>Subpart B—Bonding Requirements</HEAD>


<DIV8 N="§ 1243.100" NODE="30:3.0.2.19.19.2.21.1" TYPE="SECTION">
<HEAD>§ 1243.100   What standards must my ONRR-specified surety instrument meet?</HEAD>
<P>(a) An ONRR-specified surety instrument must be in a form specified in ONRR instructions. ONRR will give you written information and standard forms for ONRR-specified surety instrument requirements.
</P>
<P>(b) ONRR will use a bank-rating service to determine whether a financial institution has an acceptable rating to provide a surety instrument adequate to indemnify the lessor from loss or damage.
</P>
<P>(1) Administrative appeal bonds must be issued by a qualified surety company which the Department of the Treasury has approved.
</P>
<P>(2) Irrevocable letters of credit or certificates of deposit must be from a financial institution acceptable to ONRR with a minimum 1-year period of coverage subject to automatic renewal up to 5 years.


</P>
</DIV8>


<DIV8 N="§ 1243.101" NODE="30:3.0.2.19.19.2.21.2" TYPE="SECTION">
<HEAD>§ 1243.101   How will ONRR determine the amount of my bond or other surety instrument?</HEAD>
<P>(a) The ONRR bond-approving officer may approve your surety if he or she determines that the amount is adequate to guarantee payment. The amount of your surety may vary depending on the form of the surety and how long the surety is effective.
</P>
<P>(1) The amount of the ONRR-specified surety instrument must include the principal amount owed under the order plus any accrued interest we determine is owed plus projected interest for a 1-year period.
</P>
<P>(2) Treasury book-entry bond or note amounts must be equal to at least 120 percent of the required surety amount.
</P>
<P>(b) If your appeal is not decided within 1 year from the filing date, you must increase the surety amount to cover additional estimated interest for another 1-year period. You must continue to do this annually on the date your appeal was filed. We will determine the additional estimated interest and notify you of the amount so you can amend your surety instrument.
</P>
<P>(c) You may submit a single surety instrument that covers multiple appeals. You may change the instrument to add new amounts under appeal or remove amounts that have been adjudicated in your favor or that you have paid if you:
</P>
<P>(1) Amend the single surety instrument annually on the date you filed your first appeal; and
</P>
<P>(2) Submit a separate surety instrument for new amounts under appeal until you amend the instrument to cover the new appeals.


</P>
</DIV8>

</DIV6>


<DIV6 N="C" NODE="30:3.0.2.19.19.3" TYPE="SUBPART">
<HEAD>Subpart C—Financial Solvency Requirements</HEAD>


<DIV8 N="§ 1243.200" NODE="30:3.0.2.19.19.3.21.1" TYPE="SECTION">
<HEAD>§ 1243.200   How do I demonstrate financial solvency?</HEAD>
<P>(a) To demonstrate financial solvency under this part, you must submit an audited consolidated balance sheet, and, if requested by the ONRR bond-approving officer, up to 3 years of tax returns to the ONRR, Debt Collection Section using:
</P>
<P>(1) The U.S. Postal Service or private delivery at Office of Natural Resources Revenue, Office of Enforcement, P.O. Box 25165, MS 642000B, Denver, Colorado 80225-0165; or
</P>
<P>(2) Courier or overnight delivery at Office of Natural Resources Revenue, MS 642000B, Room A322, Bldg 85, DFC, Denver, Colorado 80225-0165.
</P>
<P>(b) You must submit an audited consolidated balance sheet annually, and, if requested, additional annual tax returns on the date ONRR first determined that you demonstrated financial solvency as long as you have active appeals, or whenever ONRR requests.
</P>
<P>(c) If you demonstrate financial solvency in the current calendar year, you are not required to redemonstrate financial solvency for new appeals of orders during that calendar year unless you file for protection under any provision of the U.S. Bankruptcy Code (Title 11 of the United States Code), or ONRR notifies you that you must redemonstrate financial solvency.
</P>
<CITA TYPE="N">[64 FR 26254, May 13, 1999, as amended at 76 FR 76617, Dec. 8, 2011; 87 FR 21746, Apr. 13, 2022]


</CITA>
</DIV8>


<DIV8 N="§ 1243.201" NODE="30:3.0.2.19.19.3.21.2" TYPE="SECTION">
<HEAD>§ 1243.201   How will ONRR determine if I am financially solvent?</HEAD>
<P>(a) The ONRR bond-approving officer will determine your financial solvency by examining your total net worth, including, as appropriate, the net worth of your affiliated entities.
</P>
<P>(b) If your net worth, minus the amount we would require as surety under subpart B for all orders you have appealed is greater than $300 million, you are presumptively deemed financially solvent, and we will not require you to post a bond or other surety instrument.
</P>
<P>(c) If your net worth, minus the amount we would require as surety under subpart B for all orders you have appealed is less than $300 million, you must submit the following to the ONRR Debt Collection Section by one of the methods in § 1243.200(a):
</P>
<P>(1) A written request asking us to consult a business-information, or credit-reporting service or program to determine your financial solvency; and
</P>
<P>(2) A nonrefundable $50 processing fee:
</P>
<P>(i) You must pay the processing fee to us following the requirements for making payments found in 30 CFR 1218.51. You are not required to use Electronic Funds Transfer (EFT) for these payments;
</P>
<P>(ii) You must submit the fee with your request under paragraph (c)(1) of this section, and then annually on the date we first determined that you demonstrated financial solvency, as long as you are not able to demonstrate financial solvency under paragraph (a) of this section and you have active appeals.
</P>
<P>(d) If you request that we consult a business-information or credit-reporting service or program under paragraph (c) of this section:
</P>
<P>(1) We will use criteria similar to that which a potential creditor would use to lend an amount equal to the bond or other surety instrument we would require under subpart B;
</P>
<P>(2) For us to consider you financially solvent, the business-information or credit-reporting service or program must demonstrate your degree of risk as low to moderate:
</P>
<P>(i) If our bond-approving officer determines that the business-information or credit-reporting service or program information demonstrates your financial solvency to our satisfaction, our bond-approving officer will not require you to post a bond or other surety instrument under subpart B;
</P>
<P>(ii) If our bond-approving officer determines that the business-information or credit-reporting service or program information does not demonstrate your financial solvency to our satisfaction, our bond-approving officer will require you to post a bond or other surety instrument under subpart B or pay the obligation.


</P>
</DIV8>


<DIV8 N="§ 1243.202" NODE="30:3.0.2.19.19.3.21.3" TYPE="SECTION">
<HEAD>§ 1243.202   When will ONRR monitor my financial solvency?</HEAD>
<P>(a) If you are presumptively financially solvent under § 1243.201(b), ONRR will determine your net worth as described under §§ 1243.201(b) and (c) to evaluate your financial solvency at least annually on the date we first determined that you demonstrated financial solvency as long as you have active appeals and each time you appeal a new order.
</P>
<P>(b) If you ask us to consult a business-information or credit-reporting service or program under § 1243.201(c), we will consult a service or program annually as long as you have active appeals and each time you appeal a new order.
</P>
<P>(c) If our bond-approving officer determines that you are no longer financially solvent, you must post a bond or other ONRR-specified surety instrument under subpart B.


</P>
</DIV8>

</DIV6>

</DIV5>

</DIV4>


<DIV4 N="B" NODE="30:3.0.2.20" TYPE="SUBCHAP">
<HEAD>SUBCHAPTER B—APPEALS


</HEAD>

<DIV5 N="1290" NODE="30:3.0.2.20.20" TYPE="PART">
<HEAD>PART 1290—APPEAL PROCEDURES
</HEAD>
<AUTH>
<HED>Authority:</HED><PSPACE>5 U.S.C. 301 <I>et seq.;</I> 43 U.S.C. 1331.
</PSPACE></AUTH>
<SOURCE>
<HED>Source:</HED><PSPACE>64 FR 26257, May 13, 1999, unless otherwise noted. Redesignated at 75 FR 61087, Oct. 4, 2010.


</PSPACE></SOURCE>

<DIV8 N="§ 1290.100" NODE="30:3.0.2.20.20.0.21.1" TYPE="SECTION">
<HEAD>§ 1290.100   What is the purpose of this part?</HEAD>
<P>This part tells you how to appeal Office of Natural Resources Revenue (ONRR) or delegated State orders concerning reporting to the Minerals Revenue Management (MRM) and the payment of royalties and other payments due under leases subject to this part.
</P>
<CITA TYPE="N">[71 FR 51752, Aug. 31, 2006, as amended at 78 FR 30206, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1290.101" NODE="30:3.0.2.20.20.0.21.2" TYPE="SECTION">
<HEAD>§ 1290.101   What leases are subject to this part?</HEAD>
<P>This part applies to:
</P>
<P>(a) All Federal mineral leases onshore and on the Outer Continental Shelf (OCS); and
</P>
<P>(b) All federally-administered mineral leases on Indian tribal and individual Indian mineral owners' lands, regardless of the statutory authority under which the lease was issued or maintained.
</P>
<CITA TYPE="N">[64 FR 26257, May 13, 1999, as amended at 78 FR 30206, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1290.102" NODE="30:3.0.2.20.20.0.21.3" TYPE="SECTION">
<HEAD>§ 1290.102   What definitions apply to this part?</HEAD>
<P><I>Assessment</I> means any fee or charge levied or imposed by the Secretary or a delegated State other than:
</P>
<P>(1) The principal amount of any royalty, minimum royalty, rental, bonus, net profit share or proceed of sale;
</P>
<P>(2) Any interest; or
</P>
<P>(3) Any civil or criminal penalty.
</P>
<P><I>Delegated State</I> means a State to which ONRR has delegated authority to perform royalty management functions under an agreement or agreements under regulations at 30 CFR part 1227.
</P>
<P><I>Designee</I> means the person designated by a lessee under 30 CFR 1218.52 to make all or part of the royalty or other payments due on a lease on the lessee's behalf.
</P>
<P><I>IBLA</I> means the Interior Board of Land Appeals.
</P>
<P><I>Indian lessor</I> means an Indian tribe or individual Indian mineral owner with a beneficial or restricted interest in a property that is subject to a lease issued or administered by the Secretary on behalf of the tribe or individual Indian mineral owner.
</P>
<P><I>Lease</I> means any agreement authorizing exploration for or extraction of any mineral, regardless of whether the instrument is expressly denominated as a “lease,” including any:
</P>
<P>(1) Contract;
</P>
<P>(2) Net profit share arrangement;
</P>
<P>(3) Joint venture; or
</P>
<P>(4) Agreement the Secretary approves under the Indian Mineral Development Act, 25 U.S.C. 2101 <I>et seq.</I>
</P>
<P><I>Lessee</I> means any person to whom the United States, or the United States on behalf of an Indian tribe or individual Indian mineral owner, issues a lease subject to this part, or any person to whom all or part of the lessee's interest or operating rights in a lease subject to this part has been assigned.
</P>
<P><I>Notice of Order</I> means the notice that ONRR or a delegated State issues to a lessee that informs the lessee that ONRR or the delegated State has issued an order to the lessee's designee.
</P>
<P><I>Obligation</I> means:
</P>
<P>(1) A lessee's, designee's or payor's duty to:
</P>
<P>(i) Deliver oil or gas royalty in kind; or
</P>
<P>(ii) Make a lease-related payment, including royalty, minimum royalty, rental, bonus, net profit share, proceeds of sale, interest, penalty, civil penalty, or assessment; and
</P>
<P>(2) The Secretary's duty to:
</P>
<P>(i) Take oil or gas royalty-in-kind; or
</P>
<P>(ii) Make a lease-related payment, refund, offset, or credit, including royalty, minimum royalty, rental, bonus, net profit share, proceeds of sale, or interest.
</P>
<P>(3) The obligations identified in paragraphs (1)(i) and (2)(i) of this definition are nonmonetary obligations. The obligations identified in paragraphs (1)(ii) and (2)(ii), including the requirement to compute the amount of such obligations, are monetary obligations.
</P>
<P><I>Order,</I> for purposes of this part only, means any document issued by ONRR or a delegated State that contains mandatory or ordering language that requires the recipient to do any of the following for any lease subject to this part: Report, compute, or pay royalties or other obligations, report production, or provide other information.
</P>
<P>(1) Order includes:
</P>
<P>(i) An order to pay (Order to Pay) or to compute and pay (Order to Perform a Restructured Accounting); and
</P>
<P>(ii) An ONRR or delegated State decision to deny a lessee's, designee's, or payor's written request that asserts an obligation due the lessee, designee, or payor (Denial).
</P>
<P>(2) Order does not include:
</P>
<P>(i) A non-binding request, information, or guidance, such as:
</P>
<P>(A) Advice or guidance on how to report or pay, including a valuation determination, unless it contains mandatory or ordering language; and
</P>
<P>(B) A policy determination;
</P>
<P>(ii) A subpoena;
</P>
<P>(iii) An order to pay that ONRR issues to a refiner or other person involved in disposition of royalty taken in kind;
</P>
<P>(iv) A Notice of Noncompliance or a Notice of Civil Penalty issued under 30 U.S.C. 1719 and 30 CFR part 1241, or a decision of an administrative law judge or of the IBLA following a hearing on the record on a Notice of Noncompliance or Notice of Civil Penalty;
</P>
<P>(v) A “Dear Payor,” “Dear Operator,” or “Dear Reporter” letter unless it explicitly includes the right to appeal in writing; or
</P>
<P>(vi) Any correspondence that does not include the right to appeal in writing.
</P>
<P><I>Party</I> means ONRR, any person who files a Notice of Appeal, and any person who files a Notice of Joinder in an appeal under this part.
</P>
<CITA TYPE="N">[64 FR 26257, May 13, 1999, as amended at 71 FR 51752, Aug. 31, 2006; 78 FR 30206, May 22, 2013; 79 FR 62050, Oct. 16, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 1290.103" NODE="30:3.0.2.20.20.0.21.4" TYPE="SECTION">
<HEAD>§ 1290.103   Who may file an appeal?</HEAD>
<P>(a) If you receive an order that adversely affects you or your lessee, you may appeal that order except as provided under § 1290.104.
</P>
<P>(b) If you are a lessee and you receive a Notice of Order, and if you contest the order, you may either appeal the order or join in your designee's appeal under § 1290.106.


</P>
</DIV8>


<DIV8 N="§ 1290.104" NODE="30:3.0.2.20.20.0.21.5" TYPE="SECTION">
<HEAD>§ 1290.104   What may I not appeal under this part?</HEAD>
<P>You may not appeal:
</P>
<P>(a) An action that is not an order, as defined in this part; or
</P>
<P>(b) A determination of the surety amount or financial solvency under 30 CFR part 243, parts B or C.
</P>
<CITA TYPE="N">[64 FR 26257, May 13, 1999, as amended at 78 FR 30206, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1290.105" NODE="30:3.0.2.20.20.0.21.6" TYPE="SECTION">
<HEAD>§ 1290.105   How do I appeal an order?</HEAD>
<P>(a)(1) You may appeal to the Director, Office of Natural Resources Revenue (ONRR Director), by filing a Notice of Appeal in the office of the official issuing the Order:
</P>
<P>(i) Within 30 days from service of an Order to Pay or a Denial involving Federal or Indian mineral leases, or an Order to Perform a Restructured Accounting involving Indian mineral leases or Federal solid mineral or geothermal leases; or
</P>
<P>(ii) Within 60 days from service of an Order to Perform a Restructured Accounting involving Federal oil and gas leases if a delegated State issued the Order to Perform a Restructured Accounting.
</P>
<P>(2) If the ONRR Director, or other most senior career professional responsible for the ONRR royalty management program, issued the Order to Perform a Restructured Accounting for a Federal oil and gas lease, then you may appeal that order to the IBLA within 60 days under § 1290.108.
</P>
<P>(3) For appeals to the ONRR Director under paragraph (a)(1) of this section, within the same 30-day or 60-day period, whichever is applicable, you must file in the office of the official issuing the Order to Pay, Order to Perform a Restructured Accounting, or Denial, a statement of reasons, or written arguments, or brief that includes the arguments on the facts or law that you believe justify reversal or modification of the Order to Pay, Order to Perform a Restructured Accounting, or Denial.
</P>
<P>(4) If you are a designee, when you file your Notice of Appeal, you must concurrently serve your Notice of Appeal on the lessees for the leases in the Order to Pay, Order to Perform a Restructured Accounting, or Denial you appealed.
</P>
<P>(b) You may not request and will not receive an extension of time for filing the Notice of Appeal.
</P>
<P>(c) If the office of the official issuing the order does not receive the Notice of Appeal within the time provided in paragraph (a) of this section, the Notice of Appeal will be considered timely if the office of the official issuing the order receives:
</P>
<P>(1) The Notice of Appeal not later than 10 days after the required filing date; and
</P>
<P>(2) The officer with whom the Notice of Appeal must be filed determines that the Notice of Appeal was transmitted to the proper office before the filing deadline in paragraph (a) of this section.
</P>
<P>(d) If the Notice of Appeal is filed after the grace period provided in paragraph (c) of this section and was not transmitted to the proper office before the filing deadline in paragraph (a) of this section, the ONRR Director will not consider the Notice of Appeal and the case will be closed.
</P>
<P>(e) The officer with whom the Notice of Appeal is filed will send the appeal and accompanying papers to the ONRR Director.
</P>
<P>(f) The ONRR Director will review the record and render a decision in the case.
</P>
<P>(g) If an order involves Indian leases, the Director, Bureau of Indian Affairs will exercise the functions vested in the ONRR Director.
</P>
<CITA TYPE="N">[64 FR 26257, May 13, 1999, as amended at 76 FR 38561, July 1, 2011; 79 FR 62051, Oct. 16, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 1290.106" NODE="30:3.0.2.20.20.0.21.7" TYPE="SECTION">
<HEAD>§ 1290.106   How do lessees join a designee's appeal and how does joinder affect the appeal?</HEAD>
<P>(a) If you are a lessee, and your designee files an appeal under § 1290.103, you may join in that appeal within 30 days after you receive your designee's Notice of Appeal under § 1290.105(a)(2) by filing a Notice of Joinder with the office or official that issued the order.
</P>
<P>(b) If you join in an appeal under paragraph (a) of this section, you are deemed to appeal the order jointly with the designee, but the designee must fulfill all requirements imposed on appellants under this part and 43 CFR part 4, subparts E and J. You may not file submissions or pleadings separately from the designee.
</P>
<P>(c) If you are a lessee and you neither appeal nor join in your designee's appeal under this section, your designee's actions with respect to the appeal and any decisions in the appeal bind you.
</P>
<P>(d) If you are a designee and you decide to discontinue participation in the appeal, you must serve written notice within 30 days before the next submission or pleading is due on:
</P>
<P>(1) All lessees who have joined in the appeal under paragraph (a) of this section;
</P>
<P>(2) The office or officer with whom any subsequent submissions or pleadings must be filed, including the IBLA; and
</P>
<P>(3) All other parties to the appeal.
</P>
<P>(e) If you have joined in the appeal under paragraph (a) of this section, and if the designee notifies you under paragraph (d) of this section that it declines to further pursue the appeal, you become an appellant and must then meet all requirements of this part and 43 CFR part 4, subparts E and J, as the appellant.
</P>
<CITA TYPE="N">[64 FR 26257, May 13, 1999, as amended at 78 FR 30206, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1290.107" NODE="30:3.0.2.20.20.0.21.8" TYPE="SECTION">
<HEAD>§ 1290.107   Where are the rules concerning the effect of the Department not issuing a decision in my appeal within the statutory time frame?</HEAD>
<P>If your appeal involves monetary or nonmonetary obligations under Federal oil and gas leases, the rules concerning the effect of the Department not issuing a final decision in your appeal within the 33-month period prescribed under 30 U.S.C. 1724(h) are located in 43 CFR part 4, subpart J.


</P>
</DIV8>


<DIV8 N="§ 1290.108" NODE="30:3.0.2.20.20.0.21.9" TYPE="SECTION">
<HEAD>§ 1290.108   How do I appeal to the IBLA?</HEAD>
<P>(a) Any party to a case adversely affected by an order the ONRR Director issues or a decision the ONRR Director or Director, Bureau of Indian Affairs issues under this part shall have a right of appeal to the IBLA under the procedures provided in 43 CFR part 4, subpart E.
</P>
<P>(b) Notwithstanding 43 CFR 4.414(a), a party shall file an answer or appropriate motion within 60 days after service of the statement of reasons for appeal unless an extension of time is requested and granted.
</P>
<CITA TYPE="N">[79 FR 62051, Oct. 16, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 1290.109" NODE="30:3.0.2.20.20.0.21.10" TYPE="SECTION">
<HEAD>§ 1290.109   How do I request an extension of time?</HEAD>
<P>(a) If you are a party to an appeal under this part, and you need additional time after the appeal commences under 43 CFR 4.904 for any purpose:
</P>
<P>(1) You may obtain an extension of time under this section; and
</P>
<P>(2) You must submit a written request for an extension of time to:
</P>
<P>(i) The office or official with whom you must file a document before the required filing date; or
</P>
<P>(ii) If you are not seeking an extension of time to file a document, to the office or official before whom the appeal is pending.
</P>
<P>(b) If you are an appellant, and if your appeal involves monetary or nonmonetary obligations under Federal oil and gas leases, you must agree in writing in your request to extend the period in which the Department must issue a final decision in your appeal under 30 U.S.C. 1724(h) and 43 CFR 4.906, by the amount of time for which you are requesting an extension.
</P>
<P>(c) If you are any other party to an appeal involving monetary or nonmonetary obligations under Federal oil and gas leases, the office or official with whom you must file the request may require you to submit a written agreement signed by the appellant to extend the period in which the Department must issue a final decision in the appeal under 43 CFR 4.906, by the amount of time for which you are requesting an extension.
</P>
<P>(d) The office or official with whom you must file your request may decline any request for an extension of time.
</P>
<P>(e) You must serve your request on all parties to the appeal.
</P>
<CITA TYPE="N">[64 FR 26257, May 13, 1999, as amended at 78 FR 30206, May 22, 2013]


</CITA>
</DIV8>


<DIV8 N="§ 1290.110" NODE="30:3.0.2.20.20.0.21.11" TYPE="SECTION">
<HEAD>§ 1290.110   How do I exhaust administrative remedies?</HEAD>
<P>(a) To exhaust administrative remedies, you must appeal an Office of Natural Resources Revenue (ONRR) or delegated State order:
</P>
<P>(1) To the ONRR Director (or the Director, Bureau of Indian Affairs when Indian lands are involved); and
</P>
<P>(2) Subsequently to the Interior Board of Land Appeals under 30 CFR part 1290, and 43 CFR part 4.
</P>
<P>(b) This section does not apply if an order was made effective by:
</P>
<P>(1) The Assistant Secretary for Policy, Management and Budget;
</P>
<P>(2) The Assistant Secretary for Indian Affairs; or
</P>
<P>(3) The Interior Board of Land Appeals under 43 CFR part 4.
</P>
<P>(4) The Interior Board of Land Appeals under 43 CFR part 4.
</P>
<CITA TYPE="N">[64 FR 50753, Sept. 20, 1999, as amended at 76 FR 38561, July 1, 2011; 79 FR 62051, Oct. 16, 2014]


</CITA>
</DIV8>


<DIV8 N="§ 1290.111" NODE="30:3.0.2.20.20.0.21.12" TYPE="SECTION">
<HEAD>§ 1290.111   What happens if I do not pay or appeal an order?</HEAD>
<P>If you neither pay nor appeal an order under this part, that order is the final decision of the Department, you have failed to exhaust administrative remedies as required under § 1290.110(a), and you may not contest the validity or merits of that order in any subsequent proceeding to enforce that order under 30 U.S.C. 1719 and part 1241 of this chapter.
</P>
<CITA TYPE="N">[79 FR 62051, Oct. 16, 2014]


</CITA>
</DIV8>

</DIV5>


<DIV5 N="1291-1299" NODE="30:3.0.2.20.21" TYPE="PART">
<HEAD>PARTS 1291-1299 [RESERVED]


</HEAD>
</DIV5>

</DIV4>

</DIV3>

</DIV1>

</ECFRBRWS>
</BODY>
</TEXT>
</DLPSTEXTCLASS>
